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HomeMy WebLinkAboutMINUTES-04/21/1987-RegularApril 21, 1987 ' 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 21, 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, Mabry, Maxey, Stoner, and Winokur. Staff Members Present: Burkett, Huisjen, Krajicek Agenda Review: City Manager City Manager Burkett noted that Ordinance No. 64, 1987 (Item #23) had been revised to read "180 days" rather than "6 months" in the penalty portion of the Ordinance. City Manager Burkett stated that Item #30A, Resolution 87-50 Authorizing the Mayor to Enter into an Intergovernmental Agreement with Larimer County for the Purpose of Providing Library Services to Residents of Larimer County, contained a typographical error and that a new memo had been provided to Council. City Manager Burkett requested an Executive Session following the meeting to discuss land acquisition and litigation matters. Councilmember Horak requested Item #13, Second Reading of Ordinance No. 49, 1987, Appropriating Prior Year Reserves in the General Fund and Authorizing the Transfer of Appropriations to the Capital Projects Fund; Item #25, Hearing and First Reading of Ordinance No. 66, 1987, Appropriating $69,200 in Prior Year Reserves to Implement a Comprehensive Transportation Planning Program; Item #27, Items Relating to Replacement of Prospect Road Bridge and Laporte Avenue Bridge over Larimer Canal No. 2; and Item #40, Resolution 87-58 Assigning Councilmembers as Liaison Representatives to Various Boards and Commissions and Appointing Councilmembers to Various Committee Assignments, be removed from the Consent Calendar. Councilmember Maxey requested Item Payment to the Fort Collins Housing be withdrawn from the Consent Agenda. #36, Resolution 87-54 Authorizing a Authority by the City of Fort Collins, Terry Foppe, 622 Whedbee, asked that Item #23;:Hearing and First Reading of Ordinance No. 64, 1987, Amending Section 1-23 of the Code Relating to Penalty Provision; and Item #24, Hearing and First Reading of Ordinance No. -403- April 21, 1987 65, 1987, Amending Section 78-1 of the Code Relating to Unreasonable Noise, be withdrawn from the Consent Calendar.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 #44 and #55, 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. 5. This Ordinance, which was unanimously adopted on First Reading on March 17, is a request to zone approximately 104.5557 acres of property, located east of the Fox Meadows Subdivision, south of East Horsetooth Road, and west of County Road 9. The property is presently vacant. The annexation ordinance, Ordinance No. 34, 1987, was adopted unanimously on Second Reading on March 17. APPLICANT: Spring Creek Farms, Inc. OWNER: Same Attn: Glen Johnson 3237 Nelson Lane Fort Collins, CO 80525 Items Related to the Warren Lake Annexation and Zoning A. Second Reading of Ordinance No. 39, 1987, Annexing Approximately 188.469 Acres, Known as the Warren Lake Annexation. Second Reading of Ordinance No. 40, 1987, Zoning Approximately 188.469 Acres, Known as the Warren Lake Annexation, into the R-L-P, Low Density Planned Residential, Zoning District. These Ordinances were adopted unanimously on First Reading on March 17 and are a request to annex and zone approximately 188.469 acres located south of East Horsetooth Road and adjacent to Lemay Avenue. The site is predominantly Warren Lake with a small portion of property located east of Lemay Avenue, which is presently an enclave of county area completely surrounded by incorporated •area of the City of Fort Collins. The requested zoning is the R-L-P, Low Density Planned Residential, Zoning District. -404- April 21, 1987 7. Items Relating to the West Drake Annexation and Zoning_ A. Second Reading of Ordinance No. 41, 1987, Annexing Approximately 27.51 Acres Known as the West Drake Annexation. B. Second Reading of Ordinance No. 42, 1987, Zoning Approximately 27.51 Acres, Known as the West Drake Annexation, into the R-P, Planned Residential, Zoning District. These Ordinances, which were unanimously adopted on First Reading on March 17, are a request to annex and zone approximately 27.51 acres located south of Drake Road and west of Taft Hill Road. The requested zoning is the R-P, Planned Residential, Zoning District. APPLICANTS OWNERS: Same F11 City of Fort P.O. Box 580 Fort Collins, Collins Mr. & Mrs. Wm. Heinemann 2141 Hillcrest Lane CO 80522 Twin Falls, Idaho This Ordinance was unanimously adopted on First Reading on March 17 and is a request to rezone approximately 18.7 acres of property, located east of Riverside Drive, along East Mulberry Street, and west of the Poudre River, from the T-Transition Zoning District to the RC, River Corridor, Zoning District. The northern portion of the property is the location of one of the City's wastewater treatment plants. APPLICANT: City of Fort Collins OWNER: City of Fort Collins Colorado Dept. of Highways 9. Second Readina of Ordinanro Nn en 1007 11..,..._,. -_ .11 The Housing Authority is requesting the vacation of the west portion of a double alleyway in Block 293 of the Westside Addition. The alley has not been used for many years and the Housing Authority owns all the property adjacent to the alley to be vacated. The purpose of vacating the alley is to better utilize the surrounding lots for redevelopment. All Utilities have been contacted and have no problems or objection with the vacations. This Ordinance, which was unanimously adopted on First Reading on March 17, makes that vacation. 405- April 21, 1987 10. 11. 12. The Harmony Trunk Sewer Improvement District was established in March of 1986 and allowed for the construction of approximately 3.2 miles of gravity sewer main from the existing terminus on County Road 9 adjacent to Hewlett Packard's north gate to the west side of the Union Pacific Railroad tracks, 1/2 mile south of Harmony Road. In,April of 1986, the city issued special assessment bonds in the principal amount of $995,000 to finance the cost of the construction of these improvements. The district is located south of Harmony Road and east of Lemay Avenue. It extends to Minor Road (County Road 9) eastward and to the McClelland Creek (approximately) southward. The total cost of the improvements was $1,276,305.04. The assessable portion is $969,534.65 and the City's portion is $306,770.40. This Ordinance, which was unanimously adopted on First Reading on March 17, assesses the cost of the improvements and provides for the payment and collection thereof. The Equipment Division needs to purchase twelve (12) vehicles for the equipment pool to replace those vehicles transferred to the fleet departments. This Ordinance, which was unanimously adopted on First Reading on March 17, appropriates $126,000 from the Equipment Fund Undesignated Reserve to the Equipment Division's operating budget. The Equipment Fund's reserve has $269,000 available. The cost of these vehicles will be recovered over six (6) years through leasing charges to the departments using the vehicles. Items Relating to the Lease/Purchase of Equipment and the Refinancing of Existing Lease/Purchase Agreements A. Second Reading of Ordinance No. 47, 1987, Authorizing the City Manager to Enter into An Agreement for the Lease/Purchase of Vehicles and Equipment. Second Reading of Ordinance No. 48, 1987, Authorizing the City Manager to Enter into an Agreement for. the Refinancing of Lease/Purchase Agreements for Vehicles and Equipment. These Ordinances were unanimously adopted on First' Reading on March 17. Ordinance No. 47, 1987, remains as adopted on First Reading. Upon further evaluation of the lease/purchase refinancing package, it has been determined it is not to the City's advantage to refinance $213,847 with existing terms of one year or less. Ordinance No. 48 has been changed to reflect the elimination of these funds and a total -406- April 21, 1987 ' to be refinanced of $804,412. The refinancing money is being borrowed at the same interest rates (7.63q/2yr., 6.17%/3yr., 6.089.1/4yr.), however, since the dollar amounts have changed, the net effective interest rate in 6.3%. The City will save over $18,000 over the life of the refinancing. Adoption of the Consent Calendar will amend and adopt Ordinance No. 48, 1987 on Second Reading. 13. Second Reading of Ordinance No 49 1987 Appropriating Prior Year Reserves in the General Fund and Authorizing the Transfer of Appropriations to the Capital Proiects Fund 14. 15. During the 1987 Budget process it was recommended that funding of supplemental requests should wait until it could be determined that 1986 cash balances exceeded our projections. At this time, due to higher sales and use tax receipts we will have additional funds available for these necessary supplemental requests. This ordinance, which was unanimously adopted on First Reading on March 17, appropriates a total of $125,528 from General Fund prior year reserves for the replacement of computer terminals in the Public Library, an increase in the animal control contract services and for the removal of asbestos from City buildings. This Ordinance, which was unanimously adopted on First Reading on March 17, appropriates $40,000 from Energy Fund Reserve to fund minor energy conservation measures, further maintenance technician energy conservation training, and new energy saving devices. The Energy Fund Reserve has a $199,111 balance. In past years, the City has entered into two-year concession agreements with various local vendors to operate the summer concession stands at the ballfields and outdoor pool. The last agreement expired December 31, 1986. We have received a bid from Hoffman Concessions for such concession for the period beginning with the 1987 season. The Hoffman Concession bid is contingent upon the City granting an agreement to operate the concession stands for a period of two years with renewal provisions for three additional one year periods. This Ordinance, adopted unanimously on First Reading on March 17, authorizes the City Manager in enter into such an agreement. -407- April 21, 1987 16. 17 EI? The City Council and the citizens of Fort Collins have expressed interest in maintaining the economic health and furthering the economic diversity of the community. On March 17, Council adopted Resolution 87-49 which restates the Council's commitment to those activities which will enhance the local economic base and foster greater economic opportunities in Fort Collins. This Ordinance, adopted unanimously on First Reading on March 17, appropriates the necessary funds for the Economic Development and Opportunities Program activities in 1987. Items Relating to the Bath Annexation and Zoning A. Hearing and First Reading of Ordinance No. 53, 1987, Annexing Approximately 8.09 Acres, Known as the Bath Annexation. Hearing and First Reading of Ordinance No. 54, 1987, Zoning Approximately 8.09 Acres, Known as the Bath Annexation, Into the B-L, Limited Business, Zoning District. This is a request to annex and zone approximately 8.09 acres located north of East Prospect Road and west of Timberline Road. The site the location of Bath Landscaping, Inc., which is presently an enclave of county area completely surrounded by incorporated area of the City of Fort Collins. The requested zoning is the B-L, Limited Business, Zoning District. APPLICANT: City of Fort Collins OWNERS: Harry Thomas Bath 2000 E. Prospect Road Fort Collins, CO Jackie C. Chismar % Roy Lundval P.O. Box 632 Greeley, CO Items Relating to the Dueck Colorado Properties Ltd Annexation and Zoning. A. Hearing and First Reading of Ordinance No. 55, 1987, Annexing Approximately 23.37 Acres, Known as the Dueck Colorado Properties, Ltd. Annexation. Hearing and First Reading of Ordinance,,, No. 56, 1987, Zoning Approximately 23.37 Acres, Known'as the Dueck Colorado Properties, Ltd. Annexation, Into the T-Transitional Zoning District. This is a request to annex and zone approximately 23.37 acres located east of South College Avenue, south of Trilby Road, and north of Robert Benson Lake. The requested zoning is T-Transitional Zoning District. This is a voluntary annexation. f" 7 J April 21, 1987 n J 19 20 APPLICANT: Dueck Colorado Properties, Ltd. OWNER: Same 15701 W. 1st Ave, Suite 200 Aurora, CO 80011 Items Relating to the Pine Ridge Annexation and Zoning A. Hearing and First Reading of Ordinance No. 57, 1987, Annexing Approximately 5.85 Acres, Known as the Pine Ridge Annexation. B. Hearing and First Reading of Ordinance No. 58, 1987, Zoning Approximately 5.85 Acres, Known as the Pine Ridge Annexation, Into the R-L-P, Low Density Planned Residential, Zoning District. This is a request to annex and zone approximately 5.85 acres located south of Harmony Road and east of Lemay Avenue, the site is the location of a single-family house, which is presently an enclave of county area completely surrounded by incorporated area of the City of Fort Collins. The requested zoning is the R-L-P, Low Density Planned Residential, Zoning District. APPLICANT: City of Fort Collins OWNER: William & Florence Bialek 5404 South County Road 13 Fort Collins, CO 80525 Items Relating to the Service Center 3rd Annexation and Zoning A. Hearing and First Reading of Ordinance No. 59, 1987, Annexing Approximately .7983 Acres, Known as the Service Center 3rd Annexation. B. Hearing and First Reading of Ordinance No. 60, 1987, Zoning Approximately .7983 Acres, Known as the Service Center 3rd Annexation, into the RC, River Corridor, Zoning District. This is a request to annex and zone approximately .7983 acres located north of Vine Drive and west of North Woods Street. The requested zoning is RC, River Corridor, Zoning District. The property is owned by the City of Fort Collins and is the first of two annexations designed to bring the City's Service Center into the city limits. APPLICANT: City of Fort Collins OWNER: Same 21. Items Relating to the Service Center 4th Annexation and Zoning A. Hearing and First Reading. of Ordinance No. 61, 1987, Annexing Approximately 10.7404 Acres, Known as the Service Center 4th Annexation, B. Hearing and First Reading of Ordinance No. 62, 1987, Zoning Approximately 10.7404 Acres, Known as the Service Center 4th Annexation, Into the RC, River Corridor, Zoning District. -409- April 21, 1987 22. 23. 24. This is a request to located north of Vine requested zoning is RC, is owned by the City annexations designed to limits. annex and zone approximately Drive and west of North Wood River Corridor, Zoning District. of Fort Collins and is the bring the City's Service Cente APPLICANT: City of Fort Collins OWNER: Same s r 10.7404 acres Street. The The property second of two into the city This is a request to rezone approximately 3.76 acres located east of Lemay Avenue, south of Harmony Road, and north of Rule Drive. The rezoning request is to eliminate a zoning condition which limits development of the property to professional office uses while maintaining a planned unit development condition. The property is, and will remain, in the B-P, Planned Business, Zoning District. The property is presently used as a single family residence. APPLICANTS: Richard L. and Linda D. Rule OWNERS: Same 4824 S. Lemay Ave. Fort Collins, CO 80525 This Ordinance amends the Code of the City of Fort Collins pertaining to the penalty for violations of the Code. The amendment would provide that except as to traffic infractions, the maximum punishment shall be $900 (increased from $300) and/or by imprisonment not exceeding six months (formerly ninety days). As to traffic offenses, the maximum fine would be increased to $900 from the previous $300 limitation. Six point offenses would also be subject to the provision concerning imprisonment. The proposed ordinance amends section 78-1 of the City Code to clarify that it is not only unlawful for"any person to make any unreasonable noise but also to knowingly permit such noise on any premises owned or possessed by him or under his control. This amendment will take care of an enforcement problem which currently exists particularly with regard to loud party complaints handled by the Police Department. -410- April 21, 1987 25. Hearing and First Reading of Ordinance No 66 1987 Appropriating 169,200 in Prior Year Reserves to Implement a Comprehensive Transportation Planning Program The City Council and the citizens of Fort Collins have expressed interest in developing an efficient and safe transportation system in the city of Fort Collins. The transportation planning program will assist the City to provide a transportation system to meet the demands of the city of Fort Collins, now and into the future. 26. Due to a late addition of projects in the 1987 Urban Mass Transportation Administration grant, additional revenues have become available to the City. These funds were not appropriated for the 1987 budget year. This ordinance appropriates $6,400 to the Transportation Fund and $12,000 to the Technical Studies-UMTA fund for the items found below. 27. A. Hearing and First Reading of Ordinance No. 68, 1987, Appropriating Funds to Replace Prospect Road Bridge over the Larimer County ' Canal No. 2. B. Hearing and First Reading of Ordinance No. 69, 1987 Appropriating Funds to Replace LaPorte Avenue Bridge over the Larimer County Canal No. 2. The City needs to appropriate $100,326 to match $401,304 granted from the Colorado Department of Highways Special Bridge Fund for the replacement of the Prospect Road Bridge over the Larimer County Canal No. 2. Funds are available in the existing Prospect -Shields to Taft capital improvement project and from savings from other capital projects. The City also needs to appropriate $42,636 to match $170,546 granted from the Colorado Department of Highways Special Bridge Fund for replacing the LaPorte Avenue Bridge over the Larimer County Canal No. 2. Funds are available from savings from the Harmony Road RR Crossing project. The grant funds also must be appropriated. ME The existing City Park Nine Golf` Course Clubhouse building and attached maintenance/storage area were constructed circa 1940. In July 1985, the City Building Inspection office notified the Parks and Recreation Department about the deteriorating and minimally safe ' structural conditions of the buildings, especially the maintenance and storage area. After thoroughly reviewing the various options;, the -411- April 21, 1987 29. 30 31. Golf Board and staff are recommending the renovation of the clubhouse and the construction of a new metal maintenance and golf car storage building adjacent to the clubhouse. Total costs for these projects are estimated at approximately $290,000. Staff requests that $35,000 be appropriated from Golf Fund Surcharge reserves to pay for all final architectural/engineering services associated with these projects. The Police Department has been awarded a grant from the Colorado Division of Highway Safety totalling $5,000. These monies are provided from the U.S. Department of Transportation, National Highway Traffic Safety Administration, and Federal Highway Administration. These funds will be used to support the already existing "Model City Safety Belt Project" Task Force. The grant will provide funding for task force approved projects, including printing, secretarial help, supplies and postage, etc. Items Relating to Library Services A. Resolution 87-50 Authorizing the Mayor to Enter into an Intergovernmental Agreement with Larimer County for the Purpose of Providing Library Services to Residents of Larimer County. B. Hearing and First Reading of Ordinance No. 72, 1987, Appropriating Unanticipated Revenue of $9,508 for the Library Outreach Program. This Resolution authorizes the Mayor to enter into an agreement for the City to continue to provide Larimer County residents with general library services and library outreach services to serve the handicapped, elderly and other isolated persons. In exchange for providing these services during 1987, the County will pay to the City $106,448. The ordinance appropriates the Outreach funds. General Service funds were projected and appropriated with the 1987 Budget. The Owner of Lots 6 and 7 is requesting the vacation of an existing 20 foot utility easement. The Owner would like to build one structure on these two lots. This easement must be vacated before this action can commence. All Utilities have been contacted and. have no problems with the vacation. -412- u April 21, 1987 1 32. 33. 34. 35. The Transportation Department is requesting the vacation of the center portion of the alleyway in Block 274 of the Westside Addition. A tree, 18 inches in diameter, growing in the alleyway impedes vehicular traffic to the extent private property is being continually damaged. The vacation of this portion of the alley will not block access to any lot in the block. The full width of the alley to be vacated shall be reserved by the City for utility easement purposes. All utilities and neighboring residents have been contacted and only minor objections were received from periphery property owners. At the request of the City Council, staff has been processing the annexation of county enclaves as they become eligible under State law. The Hoffman Mill Annexation was approved by the Planning and Zoning Board on March 23, 1987, by a vote of 7-0. The Resolution would authorize the City Manager to enter into a professional services agreement in the amount of $46,000 with Engineering Professionals, Inc., for the Foothills Pressure Zone Water System Improvements project. The contract includes design and construction services for 7,750 feet of water line in the western section of the City. It has been determined that various necessary items associated with electrical power and instrumentation were omitted from the bidding documents for the Wastewater Treatment Plant No. 2 Modifications Project. Installation of these items`•requires a Change Order in the amount of $78,879. In accordance'. with the Capital Project Management/Control System (CPM/CS), the City Council must approve all change orders in excess of $50,000. -413- April 21, 1987 36. Resolutinn 87- 37. The Housing Authority has requested that the City refund Payments in Lieu of Taxes (PILOT) made to the City for the years 1984, 1985 and 1986. These payments amount to $45,057.69. In 1977 the City obtained a license from Union Pacific Railroad to construct, operate and maintain a major underground electrical duct bank along the UPRR right-of-way in the vicinity of East Drake Road and Parklane Court. The original license agreement expires May 16, 1987. This Resolution authorizes the Mayor to execute an extension of the original license. The extension rider renews the original agreement for an indefinite term. Consideration is $100 annually. (The UPRR may reevaluate the license fee every five years.) There is also a $100 administrative handling charge payable to UPRR for the renewal. Funds are available in the light and Power Department's 1987 appropriation. In 1977 the City obtained a license from Union Pacific Railroad to ' construct, operate and maintain two underground electrical lines across the UPRR right-of-way. These crossings are located near the intersection of Lemay and Riverside Avenues and the intersection of Lemay Avenue and Myrtle Street. The original license agreement expires May 16, 1987. This Resolution authorizes the Mayor to execute an extension of the original license. The extension rider renews the original agreement for an indefinite term. Consideration is $100 annually. (The UPRR may reevaluate the license fee every five years.) There is also a $100 administrative handling charge payable to UPRR for the renewal. Funds are available in the Light and Power Department's 1987 appropriation. 39. Resolution 87- Lands. Staff believes there is a need for a City-wide policy to address the question of private sector requests to encroach onto public rights -of -way or City -owned property for purposes of accommodating private development(s). A draft policy has been prepared by staff that addresses two circumstances faced by the Council in the past. The recommended policy is designed to discourage private encroachment onto public space. However, it recognizes that there are cases where ' 414- April 21, 1987 rl 40. 41. 42 it is in the encroachments should future public interest The proposed requests arise. and to the public benefit to allow such policy is intended to address such issues At the April 14 Worksession, Council informally discussed the assignment of Councilmembers as liaison representatives to the City's various boards and commissions and the appointment of Councilmembers to various committee assignments. This Resolution would formally make these assignments until such time as the Council makes new assignments. A vacancy currently exists resignation of Pat Graham. liaison to the Storm Drainag Richter be appointed to the has received Mr. Richter's accepted employment in anoth until the annual appointment on the Storm Drainage Board due to the At the March 17 meeting, the Council e Board recommended alternate member Brian vacant position. Since that time, staff resignation letter explaining that he has er state. The position will remain vacant process is completed. Adoption of the Consent Calendar will accomplish the recommended withdrawal of Resolution 87-46. Acceptance of the Canvass of the April 7 1987 Run Off Election. During the March 3, 1987 Regular City Election, two at -large candidates, Susan Kirkpatrick and Chuck Mabry, received'votes equal to at least 40% of the total number of voters who cast ballots at the Regular City Election on March 3. Since the third highest vote getter did not receive the required 40%, a Run -Off Election between Barbara Rutstein and Bob Winokur was held on April 7 to determine the candidate to be elected to the third at -large Council seat. The Election Board has completed the canvass and certification process for the election and a copy of the abstract of votes cast is attached. The following is a summary of the election returns: % OF TOTAL NUMBER AT -LARGE CANDIDATES VOTES RECEIVED OF VOTERS Barbara S. Rutstein 1785 35.59 Bob Winokur 3230 64.40 Total Ballots Cast at the Election: 5,036 Total Registered Voters: 45,784 Percentage who voted: 10.99% 415- April 21, 1987 43. Routine Deeds and Easements. a. Powerline easement from Colorado State Board of Agriculture located on the CSU campus at Shields and Elizabeth, to install underground electric services. Consideration: $10. b. Powerline easement from Ralph E. Easterling located at 122-124 West Laurel Street, to install underground electric services. Consideration: $1. c. Powerline easement from First Bible Baptist Church of Fort Collins located at 2420 West LaPorte Avenue, to install a pad mounted transformer to provide electric service to newly annexed areas on West LaPorte Avenue. Consideration: $1. d. Powerline easement from Thomas and Catherine Pierce located at 2008-2010 Spring Court, to provide underground electric service for Vickers at 2025 South College Avenue. Consideration: $1. e. Easement from the Almeda-Springer Trust for Paving Improvements Project at WWTP #1. Consideration: $1. f. Deed of Easement from Fort Collins Business Center for construction of improvements associated with the Lemay Avenue Extension, as required under the terms of an annexation agreement. Consideration: $1. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Item #6. A. B. Item #7. A. B. Item #8. Item #9. Se -416- 1 April 21, 1987 ' Item #10. Item #11. Item #12. A. Second Reading of Ordinance No 47 1987 Authorizing the City Manager to Enter into an Agreement for the Lease/ Purchase of Vehicles and Eguipment B. Second Reading of Ordinance No 48 1987 Authorizing the City Manager to Enter into an Agreement for the Refinancing of Lease Purchase Agreements for Vehicles and E ui ment. Item #13. Second Reading of Ordinance No 492 1987 Appropriating Prior Year Reserves in the General Fund and Authorizing the Transfer of Appropriations to the Capital Projects Fund Item #14. Second Reading of Ordinance No 50 1987 Appropriating $40 000 from Prior Year Reserves in the Energy Fund for the Accom- plishment of Various Energy Conservation Measures Item #15. Second Reading of Ordinance No 51 1987 Authorizing the City Manager to Enter into an Agreement Regarding the Operation of Summer Concession Stands for the Parks and Recreation Department. Item #16. Second Reading of Ordinance No 52 1987 Appropriating Prior Year Reserves in the General Fund Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #17. A. B. Hearing and First Reading of Ordinance No 54 1987 Zoning Approximately 8 09 Acres Known as the Bath Annexation Into the B-l. Limited Business Zoning District Item #18. A. Hearing and First Reading of Ordinance No 55 1987 Annexing Approximately 23 37 Acres Known as the Dueck Colorado Properties. Ltd. Annexation. B. —Hearing and First Readin 'of Ordinance No. 56 1987 Zoning Approximately 23 37 Acres Known —as the Dueck Colorado Properties. Ltd Annexation Into,the T-Transitional Zoning District. Item #19. A. Hearing and First Raari9nn of nrM.,.re Mr C7 ,ne, -417- April 21, 1987 B. Hearing and First Reading of Ordinance No 58 1987 Zoning , Approximately 5.85 Acres. Known as the Pine Ridge Annexation Into the R-L-P, Low Density Planned Residential Zoning District. Item #20. A. Annexation. B. Hearing and First Reading of Ordinance No 60 1987 Zoning Approximately .7983 Acres. Known as the Service Center 3rd Annexation, into the RC, River Corridor Zoning District Item #21. A. B. Hearing and First Reading of Ordinance No 62 1987 Zoning Approximately 10.7404 Acres Known as the Service Center 4th Annexation. Into the RC. River Corridor Zoning District Item #22. Hearing and First Reading of Ordinance No 63 1987 Eliminating a Zoning Condition Restricting the Use of a Portion of the Keenland Annexation to Professional Offices While Maintaining a Planned Unit Development Condition on the Property. Item #23. Hearing and First Reading of Ordinance No 64 1987 Amending ' Section 1-23 of the Code Relating to Penalty Provision Item #24. Item #25. Hearing and First Reading of Ordinance No 66 1987 Appro- priating $69,200 in Prior Year Reserves to Implement a Compre- hensive Transportation Planning Program Item #26. Hearing and First Reading of Ordinance No. 67 1987 Appro- priating Unanticipated Revenue in the Transportation Fund and the Technical Studies-UMTA fund. Item #27. A. Hearing and First• Reading of Ordinance No 68 1987 Appropriating Funds to Replace Prospect Road Bridge over the Larimer County Canal No. 2 Item #28. B. Hearing and First Reading of Ordinance No 69 1987 Appropriating Funds to'Replace LaPorte Avenue Bridge over the Larimer County Canal No 2 -418- April 21, 1987 Item #29. He Hi Item #30. Pr B. Item #31. He Ex P. Item #32. He Councilmember Mabry made a motion, seconded by Councilmember Kirkpatrick, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 49, 1987, Appropriating Prior Year Reserves in the General Fund and Authorizing the Transfer of Appropriations to the Capital Projects Fund, Adopted as Amended on Second Reading Following is staff's memorandum on this item: "During the 1987 Budget process it was recommended that funding of supplemental requests should wait until it could be determined that 1986 cash balances exceeded our projections. At this time, due to higher sales and use tax receipts we will have additional funds available for these necessary supplemental requests. This ordinance, which was unanimously adopted on First Reading on March 17, appropriates a total of $125,528 from General Fund prior year reserves for the replacement of computer terminals in: the Public Library, an increase in the animal control contract services and for the removal of asbestos from City buildings." Councilmember Stoner made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 49, 1987 on Second Reading. Councilmember Horak stated that although he supports many of the items included in this request, he was concerned about the fact that revenues are not increasing at the level projected. He stated he would like a more ' concerted review of the City's financial status. He suggested the Finance Committee review upcoming expenditure items. -419- April 21, 1987 In response to a question from Councilmember Stoner, City Manager Burkett , explained that the animal control portion of this item is the only one that falls under General Fund operating expenses. The computer terminals would be funded from a reserve set up for the purchase and replacement of equipment, and the funds for asbestos removal come from the building reserve. He stated he felt the last two items should be treated differently from the operating part of the General Fund. He stated he did not have a problem delaying these items for review by the Finance Committee, although staff felt comfortable proceeding with these items. Councilmember Stoner stated he would also like to see the Finance Committee review these expenditures. City Manager Burkett pointed out that a bids had been received on the asbestos removal and it was necessary to proceed with that project to avoid rebidding the project. Director of Administrative Services Pete Dallow gave a breakdown of the costs for each project and the funds available to cover them. Councilmember Stoner stated he would like to amend his motion to exclude the computer terminals and animal control funding from the Ordinance. Councilmember Maxey, as the second on the original motion, agreed to the amendment. ' City Attorney Huisjen suggested the language in Section 1 of the Ordinance be amended to provide for the total sum of $71,000 for transfer to the Capital Projects Fund. Councilmember Kirkpatrick stated she did not see any difference between the equipment reserve fund and the building reserve fund in terms of allocations and stated she would prefer to include the Library computer terminals in the Ordinance. Mayor Estrada agreed with the comments made by Councilmember Horak and stated he felt it judicious to look at expenditures closely at this time. The vote on Councilmember Stoner's motion to adopt Ordinance No. 49, 1987 as amended on Second Reading was as follows: Yeas: Councilmembers Estrada, Horak, Mabry, Maxey, Stoner, and Winokur. Nays: Councilmember Kirkpatrick. THE MOTION CARRIED. Ordinance No. 64, 1987, Amending Section 1-23 of the Code Relating to Penalty Provision, Adopted as Amended on First Reading Following is staff's memorandum on this item: ' 420- April 21, 1987 ' "Executive Summary This Ordinance amends the Code of the City of Fort Collins pertaining to the penalty for violations of the Code. The amendment would provide that except as to traffic infractions, the maximum punishment shall be $900 (increased from $300) and/or by imprisonment not exceeding six months (formerly ninety days). As to traffic offenses, the maximum fine would be increased to $900 from the previous $300 limitation. Six point offenses would also be subject to the provision concerning imprisonment. Background In recent years, many Colorado home rule cities have increased their penalty provisions to fines of up to $999 and imprisonment up to six months. This increase in fines is provided so that municipal court judges may assess fines and imprisonment in amounts and times which are considered more appropriate for the seriousness of the offense than the former limitations of $300 and ninety days. The Municipal League has provided some information regarding penalties in other cities. For instance, Denver provides that the maximum fine is $999 and/or imprisonment not to exceed 180 days. Aurora provides for a maximum fine of $500 and/or imprisonment not to exceed 180 days. Colorado Springs provides for a punishment of a fine of not more than $500 and/or imprisonment for a period not exceeding 90 days. Littleton has a similar provision. Lakewood provides for a. maximum sentence of $999 as a fine and/or 180 days imprisonment. On March 3, 1987, the Charter of the City of Fort Collins was amended as follows: Section 2. Penalty for violation The Council shall provide for enforcement of its ordinances. The maximum penalty for a violation of the ordinances of the City shall be set by the Council by ordinance. This amendment to the Charter was recommended by the Charter Review Committee upon the advice that the maximum penalty may, by law, be increased by home rule cities to a limit of $999 and 180 days of imprisonment, or both. At the time of the.Charter Review it was considered appropriate to amend the Charter, allowing an increase in the penalties for violation of the ordinances of the City, so that the City Council could adopt a penalty section which would increase the penalties from the present amounts and thereby provide a more appropriate maximum limitation so that the court would have greater latitude in fashioning a sentence which reflected the greater severity of the crime. The Chief of Police and the City Attorney recommend'adoption of the Code amendment which will increase the maximum penalties to $900 and/or 180 days imprisonment. These changes to the Code would be consistent with the Charter amendment and would accomplish the result sought, to allow the -421- April 21, 1987 court greater latitude in fashioning an appropriate sentence for violations ' of the ordinances of the City of Fort Collins." Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick, to adapt Ordinance No. 64, 1987 on First Reading as amended from "6 months" to "180 days". Terry Foppe, 622 Whedbee, objected to amendments to the Code being placed on the Consent Agenda. The vote on Councilmember Stoner's motion was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 65, 1987, Amending Section 78-1 of the Code Relating to Unreasonable Noise. Adopted on First Reading Following is staff's memorandum on this item: "Executive Summary The proposed ordinance amends section 78-1 of the City Code to clarify that ' it is not only unlawful for any person to make any unreasonable noise but also to knowingly permit such noise on any premises owned or possessed by him or under his control. This amendment will take care of an enforcement problem which currently exists particularly with regard to loud party complaints handled by the Police Department. Background The proposed ordinance amends section 78-1 of the City Code to clarify that it is not only unlawful for any person to make any unreasonable noises but also to knowingly permit such noise on any premises owned or possessed by him or under his control. The current wording of 78-1 has been interpreted by the Municipal Court as requiring proof that the defendant was directly involved in making the unreasonable, noise or causing it to be made. The amendment adds language to the section similar to that contained in the prohibition against disturbing the peace (section 84-IA) so that a tenant or person in charge can be held responsible for noise emanating from his premises, regardless of whether there is evidence that that particular individual was making the noise. The situation in which this problem most often arises is with loud party complaints investigated by the Police Department. -The only way to effectively pursue such violations is by contacting the property owner or tenant who is in charge of the situation and warning or, 'if appropriate, citing them for a violation of the unreasonable noise section. The section ' relating to disturbing the peace is usually not applicable in such cases -422- April 21, 1987 because the informant often refuses to leave a name or is not willing to testify if the case goes to trial. Without testimony from someone other than a police officer (whose peace cannot be disturbed, according to case law), a disturbing the peace violation cannot be proven. Staff believes that with the proposed amendment, the Police Department will be better able to deal with noise complaints, particularly those relating to loud parties." Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 65, 1987 on First Reading. Terry Foppe, 622 Whedbee, questioned whether a better definition could be used rather than "unreasonable noise". City Attorney Huisjen explained that the court makes determinations about unreasonable noise and he was reluctant to change it for that reason. The vote on Councilmember Stoner's motion to adopt Ordinance No. 65, 1987 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 66, 1987, Appropriating ' $69,200 in Prior Year Reserves to Implement a Comprehensive Transportation Planning Program. Tabled to May 5 1987 Following is staff's memorandum on this item: "Executive Summary The City Council and the citizens of Fort Collins have expressed interest in developing an efficient and safe transportation system in the city of Fort Collins. The transportation planning program will assist the City to provide a transportation system to meet the demands of the city of Fort Collins, now and into the future. Background The City of Fort Collins has'grown steadily over the past 25 years from a small rural community to an urbanized area serving a traveling population of approximately 100,000. Significant demands on the transportation system have occurred coincident with this growth. These demands have changed the nature of the transportation systems serving s small city to one of a sophisticated system serving a multitude of interests and demands. To assure a transportation system that will meet increasing demands and expectations now - as well as into the future - there is a need to ' re-examine the planning horizon, re -affirm or change goals and policies, and place transportation "Dreamworks" into an overall action program. This 423- April 21, 1987 action program will manifest itself in the form of a multi -modal I transportation plan that identifies where we are now, where we want to be in the future, and how we should get there. Fort Collins is served by a multi -faceted transportation system ranging from small private para-transit systems, to public transit, to significant pedestrian and bikeway programs, to an extensive network of streets and highways interconnected by a state-of-the-art computerized traffic signal system. The transportation planning program needs to respond to all demands and elements of the transportation systems serving the city. The objective of an efficient transportation system is to assure that each element is so balanced as to provide an opportunity to be efficiently and effectively used by the community. The final product of this proposed planning effort is to weave a pattern of mutual dependence and support among all modes of transportation so as to achieve a transportation system which responds to the community's needs now and into the future. The Comprehensive Multi -Modal Transportation Plan can draw together the separate elements that, when considered collectively, comprise the transportation systems serving the city. This comprehensive approach is aimed at balancing the availability of transportation systems in order to promote accessibility and usability. In so doing, system users will be afforded maximum opportunity and choice among competing modes. The MPO Work Program will have tasks which will need to be included into the Comprehensive Transportation Plan. A major component of this effort is a ' systematic examination to determine how to spend limited resources to get the maximum efficiency out of the transportation network. The current transportation network is a costly and complex system. The demands on a transportation system in an urban environment are many. The system currently is reaching its limits at certain locations. Intersections such as College Avenue and Prospect Road and College Avenue and Horsetooth Road are operating in the afternoon rush hour at a level of service E which is unacceptable to this urban environment. The traffic volume increases on major arterials over the past few years have been significant. Lemay Avenue in five years has grown from 14,000 vehicles to over 20,000. Shields Street now has over 20,000 vehicles a day in the university area. There is more demand on the bikeway system. The community has expressed its desire for a more efficient and safe bikeway system interconnecting activity areas in the city. Pedestrian needs are increasing. Safety and continuity of the pedestrian system,is expected. The direction of our transit system, and what function it should serve is an important element in meeting the community's transportation needs. The transportation system is a valuable resource that contributes to the maintenance of the quality of life in our community. To assure the community that all the elements of our transportation system are meeting the demands now as well as in the future, it is -,paramount that the City commence a major effort to re-examine and plan 'for, Future transportation , needs. A comprehensive transportation planning effort, to the degree -424- April 21, 1987 ' defined in this work plan is needed now to deal with the complexities and changing nature of our urban transportation environment." Councilmember Mabry made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 66, 1987 on First Reading. City Manager Burkett explained that funding for this item comes from undesignated reserves in the General Fund. He suggested no action be taken on this item until it is reviewed by the Finance Committee. He stated that it would not hurt to wait 3 months or a year to begin implementing this program since it is a long term planning issue. Councilmember Horak stated he thought funds might be available in the 1988 budget to fund this program and he felt it should go through the budget process. He requested the Finance Committee review the item to determine if the program should be funded at this time. Councilmember Mabry made a motion, seconded by Councilmember Kirkpatrick, to table Ordinance No. 66, 1987 on First Reading until May 5. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: Councilmember Stoner. THE MOTION CARRIED. Items Relating to Replacement of Prospect Road Bridge and Laporte Avenue Bridge over Larimer Canal No 2 Following is staff's memorandum on this item: "Executive Summary A. Hearing and First Reading of Ordinance No. 68, 1987, Appropriating Funds to Replace Prospect Road Bridge over the Larimer County Canal No. 2. B. Hearing and First Reading of Ordinance No. 69, 1987 Appropriating Funds to Replace LaPorte Avenue Bridge over the Larimer County Canal No. 2. The City needs to appropriate $100,326 to match $401,304 granted from the Colorado Department of Highways Special Bridge Fund for the replacement of the Prospect Road Bridge over the Larimer County Canal No. 2. Funds are available in the existing Prospect -Shields to Taft capital improvement project and from savings from other capital projects. The City also needs to appropriate $42,636 to match $170,546 granted from the Colorado Department of Highways'Special Bridge Fund for replacing the LaPorte Avenue Bridge over the Larimer County Canal No. 2. Funds are available from savings from the Harmony Road RR Crossing project. The grant funds also must be appropriated. -425- April 21, 1987 Back round Prospect Road Bridge In December 1986 City staff applied for a grant from the Colorado Department of Highways Special Bridge Fund to replace the existing bridge on Prospect Road over the Larimer County Canal No. 2. On March 23, 1987 the City was notified that the grant had been approved for the full amount requested. The grant for $401,304 represents 80 percent of the estimated cost for replacing the existing structure with a full width arterial bridge. The City has 45 days to appropriate the remaining 20 percent, or $100,326, and notify the State of Intent to Proceed with the project. This bridge is located on Prospect approximately one fourth mile west of Shields Street. The improvement of Prospect between Shields and Taft Hill Road has been a high priority for the City Council. The present 5-Year Capital Projects program identifies $2.6 million for this mile of Prospect and the two major intersections at either end between 1988 and 1991. The existing bridge would have to be constructed in conjunction with these improvements, so the State grant is timely and represents a savings of $400,000 in City funds for the overall project. An existing capital project, Prospect -Shields to Taft, was established to partially fund improvements on this portion of Prospect. Presently, $94,108 is available in this project to fund the City's portion of the bridge reconstruction. The remaining $6,218 for the City's portion is available in recently identified savings from the Harmony Road RR Crossing I project. Design of the bridge would begin this summer, and the bridge would be constructed next winter. LaPorte Avenue Bridge In December 1986 City staff applied for a grant from the Colorado Department of Highways Special Bridge Fund to replace the existing bridge on LaPorte Avenue over the Larimer County Canal No. 2. On March 23, 1987 the City was notified that the grant had been approved for the full amount requested. The grant for $170,546 represents 80 percent of the estimated cost of replacing the bridge. The City has 45 days to appropriate the remaining 20 percent, or $42,636, and notify the State of Intent to Proceed on this project. This bridge is located on LaPorte Avenue just east of Frey Avenue, approximately one third'of a mile east of Taft Hill Road. The existing bridge is one of three bridges in this section of LaPorte targeted in the past for widening, but funds have not been available. Only one of the three bridges was eligible for State funds. Usable bike paths and sidewalks are not possible on this existing structure because of its extremely narrow width. The bridge, constructed by the County before 1948, is deteriorating. The railings are 'disintegrating and areas of the , concrete in the superstructure itself are showing signs of stress. -426- April 21, 1987 ' LaPorte Avenue is classified as a collector street, and the bridge would have to be reconstructed when the street is eventually widened. The subject bridge improvements would reconstruct the existing bridge to full collector width, providing sidewalks, bike paths, two driving lanes, and a center turn lane. Funds for the City's portion of the costs, $42,636, are presently available in recently identified savings from the Harmony Road RR Crossing project. If the bridge project is approved, design would be completed this summer and the bridge would be constructed next winter or during the winter of 1988." Councilmember Maxey made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 68, 1987 on First Reading. City Engineer Gary Diede explained how bridges are chosen for replacement and the process for applying to the State for funding. He answered questions from Council. Councilmember Horak stated he supported the item, but would prefer to have Council receive information on the application before it is submitted to the State. The vote on Councilmember Maxey's motion to adopt Ordinance No. 68, 1987 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Maxey made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 69, 1987 on First Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 87-54 Authorizing a Payment to the Fort Collins Housing Authority by the City of Fort Collins Adopted Following is staff's memorandum on this item: "Executive Summary The Housing Authority has requested that the City refund Payments in Lieu of Taxes (PILOT) made to the City for the years 1984, 1985 and 1986. These payments amount to $45,057.69. -427- April 21, 1987 Background Resolution 86-177 relieved the Housing Authority from ' making PILOT payments to the City. However, during an audit of the Authority, HUD rendered a finding that the Authority must return any unused portion of its budget to the federal government. Rather than return funds to the federal government, the Authority decided to make the waived PILOT payments to the City in March of 1987 but is requesting that the City remit the money to finance office operations and maintenance in order for the Authority to complete work which HUD will not fund. The Authority has concluded that the PILOT payments to the City are an accounting requirement of HUD to avoid having to return "excess funds" from its operating budget to the federal government. The Authority does not feel that these monies are "excess funds" because of the Housing Authority's need of them for operations in 1987." Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner, to adopt Resolution 87-54. David Herrera, Director of the Housing Authority, explained this item and, along with City Attorney Huisjen, answered questions from Council. Councilmember Horak stated although he was confused with this item he understood the necessity in following HUD's rules. Mayor Estrada stated after speaking with the City Attorney he was confident that the City was taking proper action. ' The vote on Councilmember Kirkpatrick's motion to adopt Resolution 87-54 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Councilmembers' Reports Councilmember Kirkpatrick commented on the policy pertaining to the private use of city streets and rights -of -way and publicly owned lands which was adopted as part of the Consent Calendar. She stated she felt it provides a flexible policy designed to discourage private encroachment into a public space. She thanked staff for their timely response in developing this policy. Mayor Es rada stated he had received several phone calls from a group called P and from members of the Alternative Youth Program regarding an event they were planning and thanked City Manager Burkett and Police Chief Glasscock for working with those groups to work out the details. -428- April 21, 1987 Items Relating to the Adoption of a Special Events Permit Program Following is staff's memorandum on this item: "A. Second Reading of Ordinance No. 18, 1987, Adding Chapter 92 to the Code of the City of Fort Collins Regarding Special Events. B. Second Reading of Ordinance No. 19, 1987, Amending Chapter 114 Regarding Special Event Permits. With the growth of the City and the number of special event permits being requested from the City, it is appropriate at this time to adopt specific standards for the issuance of special event permits. These Ordinances were adopted unanimously on First Reading on March 17. Ordinance No. 19, 1987, remains as adopted on First Reading. Ordinance No. 18, 1987, has been amended on Second Reading in that §92-3 A. is amended to change 'on City property' to read 'within city parks or streets within city parks'." Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 18, 1987 on Second Reading as amended. Councilmember Mabry stated although he had concerns about this item it was acceptable to him and he would support it. He stated he would watch this item closely and if it presents a problem he would like it to be reconsidered. The vote on Councilmember 1987 as amended Second Kirkpatrick's motion to adopt Ordinance No. 18, on Reading was as follows: Yeas: Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, Councilmembers None. and Winokur. Nays: THE MOTION CARRIED. Councilmember Mabry made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 19, 1987 on Second Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Citizen Participation A. Resolution 87-62' Mayor Estrada read the Resolution. -429- April 21, 1987 m Councilmember Horak made a motion, seconded by Councilmember Stoner, to adopt Resolution 87-62. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Barbara Rutstein accepted the Resolution and plaque. She thanked the citizens of Fort Collins for the opportunity to serve on the City Council and her fellow Councilmembers for electing her to serve as Mayor for one year. She spoke of her experiences as a Councilmember. Councilmember Winokur expressed his appreciation of Ms. Rutstein for her support and for the opportunities they have had to work together. Mayor Estrada wished Barbara the best of luck in her active role as a member of the community. Councilmember Maxey made a motion, seconded by Councilmember Winokur, to adopt Resolution 87-63. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Mayor Estrada read the Resolution and presented the Resolution and a plaque to Barbara Liebler. Barbara Liebler spoke of the issues handled during her term on the City Council. She wished the Council well as they carry on good government. C. Proclamation Naming April 26-May 3 as Volunteer Recognition Week was forwarded to Suzanne Jarboe -Simpson, Volunteer Coordinator for the City of Fort Collins. D. Proclamation Naming April as ABC - Always Buy Colorado Month was forwarded to the appropriate persons. E. Proclamation Naming April as Arbor Month was accepted by City Arborist Tim Buchanan and Bob Maxey of the Men's Garden Club. (1) Presentation of "Tree City U.S.A." award was made by Mike Schumaker, representing the Colorado State Forest Service and the National Arbor Foundation. F. Proclamation Naming April as Barbershop Harmony Month was accepted by Lee Ischinger, President of the Fort Collins Chapter of the Society for the Preservation and Encouragement of Barbershop Quartet Singing in America. He introduced the Harmony Parts Department who performed for the Council and audience. -430- 1 April 21, 1987 6. Proclamation Naming April 24 as Nursing Home Residents' Day was accepted by Pete McWilliams, President of Concerned Relatives and Friends of Nursing Home Residents, Inc., and residents from several local nursing homes. H. Proclamation Naming April 25 as the Signs of the Times Day was forwarded to the appropriate persons. I. Proclamation Naming May 2 as Sigma Nu - Cinco de Mayo Day was accepted by members of Sigma Nu. J. Proclamation Naming May 2 as Rams' Day was accepted by CSU Coach Leon Fuller and Director of Libraries Joan Chambers. K. Proclamation Naming May 6 as National Nurse's Day was accepted by Patti Smith, representing Poudre Valley Hospital. L. Proclamation Naming June as Colorado Recycling Month was accepted by Bob Wilkinson of the Natural Resources Department. M. Proclamation Naming 1987 as Year of the Resolution of the POW MIA Issue was accepted by LeAnn Thieman of the Live POW Committee of Colorado. N. Proclamatinn Tnvitinn tho ri+v nF ua..._ uci.vmc rvr L wi r rri% Partner l,ity was accepted by John Ferrie, representing the Partners Program. (Secretary's Note: Councilmember Horak excused himself from the meeting at this point due to a possible conflict of interest in connection with the next speaker.) Robin Angel, owner of Agnes' Very Very, addressed Council regarding problems she was experiencing in receiving approval from the Landmark Preservation Commission to erect an awning at her business. She stated that the delay of resolution of this matter was causing her business to lose money. Development Services Director Mike Davis stated the Landmark Preservation Commission had not made a decision on this issue yet. He explained the appeal process available to the business owners should the Landmark Preservation Commission deny their request. He noted his office would do everything possible to bring the Commission to a point of decision. Dick Beardmore, member of the Landmark' Preservation Commission, stated he was unaware of the applicant's unhappiness until this morning. He spoke of the Commission's record over the last eight years. He stated that as a member of the Commission he did not concur with the statements made by the applicant. -431- April 21, 1987 Ordinance No. 75, 1987, Relating to the Building Contractors Licensing Board and Regulation of Certain Contractors in the City. Version B Adopted on First Reading Following is staff's memorandum on this item: "Executive Summary Staff is presenting two versions of this Ordinance for Council consideration. Version A dissolves the Building Contractors Licensing Board (BCLB), consolidates the appellate mechanism for all code and contractor license matters under the Building Board of Appeals, and changes the license application review system to a faster, staff managed examination and application procedure. In addition to eliminating the BCLB, Version A incorporates the amendments described in Version B below. Version B retains the BCLB, includes general housekeeping items, and focuses primarily on other issues, including expanding the "general contractor" categories to meet the increasing demand in the development industry for firms which do smaller scale commercial projects. Background At its February 17 meeting, Council considered and tabled Ordinance No. 23, 1987, which amended the Code for the purpose of regulating certain contractors in the city, after a contractor indicated there was little awareness in the construction industry about the proposal. Two additional meetings have since been held with various contractors, staff, and Building Contractors Licensing Board (BCLB) members to discuss the fees, subcontractor issues, and a staff proposal to restructure the license application and review process. At the March Ordinance No now presentin VERSION A g 17 meeting, Council approved, on Consent, the withdrawal of 23, 1987 to allow staff to redraft the Ordinance. Staff is two versions of the Ordinance for Council consideration. Currently, the application process, from time of application to Board hearing to determine'who qualifies for a particular examination, requires from three to seven weeks, depending on when in the cycle an application is made and how soon reference inquiries are returned. Frequently, the Board finds applications which are insufficient in number or type of experience, references and a decision is tabled or deferred pending additional information. Over the years many applicants have raised the question of local protectionism and legality of a built-in system of what appears as "trade restriction". Although the current Board, in the opinion of staff, makes -432- it April 21, 1987 sound decisions the majority of the time, the question of impropriety does still surface. The subjective screening by a few "chosen" peers remains the most frequent complaint. Staff feels strongly that the screening process for contractor licenses should be an administrative function and should not be subjective review by a tribunal of other contractors and construction professionals. Collecting references and making decisions about an individual's livelihood over the merit of those references is the responsibility of the contractor's clients in staff's opinion. Our role as administrators of City ordinances providing standards for health and safety is more appropriately focused on technical qualifications. An objective, written examination is the most efficient and cost-effective selection mechanism. Our examinations are widely known as being very rigorous and detailed. This proposal will eliminate the Building Contractors Licensing Board and consolidate its function by placing appellate authority under the Building Board of Appeals, and shifting its applicant pre -qualification review to a staff monitored system, relying on an application, which stipulates automatic suspension for falsification. Together, with increased application and examination fees to discourage unqualified applicants, a responsive and objective evaluation tool for contractor licensing will assure Fort Collins citizens that all licensed contractors have met minimum standards for technical knowledge. Under the proposal, from application submission to license issuance, processing time will be reduced to approximately 10 days or less. A major portion of one clerical position is devoted to preparing for Board hearings. Administration of the system should require only half of the current investment in time and effort, allowing staff to expend its energies more productively. There is controversy over the role of the Board and opinions vary widely among contractors. At their last regular monthly meeting in March, all three Board members present supported an official recommendation to Council to retain the review function of that body. Several contractors who have been through the current system support its continued survival, some even voicing the rationale of limiting the number of contractors "in town". This philosophy has been expressed by Board members in previous years. Nearly all other front range cities which utilize a licensing process have a staff -administered system, with the exception of Cheyenne and Colorado Springs. There is no evidence to support the notion that public interest is better served with a lengthy board review system. Virtually all buildings other than single-family dwellings must be designed by a professional architect or engineer. Our permit/inspection process is the device for ultimately assuring construction meets minimum health/safety standards. The powerful sanctions that, are available to staff in the form of immediate license suspension powers for code violations, and inadequate project supervision, have and will continue to be used as needed. -433- April 21, 1987 With the recent resignation of three Licensing Board members, and the ' approach of the annual boards and commissions appointment process, it seems an opportune time to re-examine the 30-year old process. In addition to eliminating the BCLB, Version A incorporates the amendments described in Version B below. VERSION B Initially, the proposed provisions included general housekeeping items but focused primarily on other issues including, expanding the "general contractor" categories to meet the increasing demand in the development industry for firms which do smaller scale commercial projects, i.e. neighborhood convenience stores, non-structural remodel, and similar work. Also, in the original draft, all twenty-two specialty trades listed in the ordinance would have needed to be licensed. Currently, the law exempts these from regulation when they are working under a general contractor. Additionally proposed in the original document was a flat annual fee of $150 for all classes of licenses. The current annual fee amounts for general contractors range from $75 to $120 for the four classes. After the item was tabled when questions were raised about ample notification to the construction industry and its chance for input into the proposal, a number of contractor representatives were invited to express their concerns at meeting with staff and the Licensing Board. The meeting produced a number of ideas incorporated into this latest draft. Among ' them, is the lower annual flat fee ($100) for all classes of general contractors with an additional application fee of $50 and increased examination fee from $15 to $50 for all new applicants. Under this method, the bulk of staff time expended in the system for the application and the written examination will be more equitably recovered, at the same time encouraging more qualified applicants taking the exam. With the current success ratio for the exam at about 50Y on the first attempt and an examination fee of only $15, it would seem that many who apply and are currently approved by the Licensing Board to take the examination are not technically qualified. Out of the first meeting came the second public meeting at the Lincoln Center on February 23, with approximately 40 attendees. At that meeting staff introduced the proposal for reducing the list of regulated "specialty" trades from twenty-two to:eleven. For many categories, none or only one or two actually showed current licenses on file. For most other trades, the contractor nearly always works as a subcontractor for the general contractor. Our unique permit system which utilizes a single, combination permit for all work, excluding fire protection, places the overall responsibility for the project on the general contractor. The trades which would be regulated in all cases under the revised document either require specialized technology or often 'work independently of a general contractor. They are: roofing, demolition, solar, sign, HVAC, refrigeration, fuel -gas, alarm, fuel tank, fire sprinkler and special fire 1 -434- April 21, 1987 extinguishing. The Board formally endorsed the revisions at their February meeting with a unanimous vote. Financial Impact: If adopted, fees collected from applications and examinations are estimated to increase overall revenues from licensing funds an additional 5Y-IOY ($2,000-$4,000) per year. RECOMMENDATION: Staff recommends adoption of Version A of the Ordinance which dissolves the Building Contractors Licensing Board, consolidates the appellate mechanism for all code and contractor license matters under the Board of Appeals, and changes the license application review system to a faster, staff managed examination and application process. Version A incorporates the amendments described in Version B." Building Code and Permit Administrator Felix Lee explained the versions of the Ordinance under consideration and gave background on the issue. He responded to questions from Council. Councilmember Kirkpatrick made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 75, 1987 (Version A) on First Reading. Greg Bever, G. Bever Construction, Inc., opposed elimination of the Building Contractors Licensing Board. He stated he would like to see the licensing system and the Board revamped. Barbara Allison, 1212 Lynnwood Drive, opposed the transfer of licensing responsibilities to the Building Code and Permit Administrator and elimination of the Building Contractors Licensing Board. Larry Trampe, 1449 Freedom Lane, Chairman of the Building Contractors Licensing Board, addressed how the Board functions, the restriction of trade issue, and the benefit to the public. Ronald Baker, 1316 Teakwood Drive, member of the Building Contractors Licensing Board, stated he was disconcerted that staff had never presented Version A of the Ordinance to the Board to explain why elimination of the Board is being recommended. Allegra Glass, political science major at CSU, supported the concept of board review. Jess Nelson, local contractor, stated he.felt the current system was good and opposed elimination of the Board. He stated he felt peer review was an important part of the licensing process. David Anastasio, local contractor, stated that although he supports the peer review system, he favors elimination of the Board. He spoke of his -435- April 21, 1987 negative experiences with the Board Ordinance. He supported Version A of the Doug W. Johnson, 3100 Eastbrook Drive, local contractor, stated he would support a Board if they are impartial and carefully weigh the facts before them. He described experiences similar to those mentioned by Mr. Anastasio. He stated he could not support the Board as it currently operates. Chris Allison, 1500 Rollingwood Court, member of the Building Contractors Licensing Board, spoke of his reasons for applying to serve on the Board. He outlined the process involved in applying for and receiving a license. He stated he felt elimination of the Board will result in less time and objectivity spent in reviewing applicants. Councilmember Kirkpatrick stated she did not feel the City should support peer review and professional certification. She stated that the regulation of contractors to keep the community safe from unscrupulous or unqualified contractors is an important role that has been performed by the Board, but she did not believe it has to be performed by a board. She stated she supported Version A of the Ordinance which abolishes the Building Contractors Licensing Board. Councilmember Mabry stated he felt it important to recognize that part of the issue under consideration are the housekeeping items which appear to be agreeable to all involved. He stated he believes it is sound practice for an industry, whenever possible, to self -examine itself and self -regulate itself. He stated he felt a self-regulating board needs a great deal of direction about what Council, from a policy standpoint, believes it should be doing and how it should be approaching its job. He suggested a third alternate might be to combine the functions of the Building Board of Appeals and the Contractors Licensing Board, thereby creating a new board or renaming of the board, and properly constitute that board with a balance of individuals who are knowledgeable and experienced in the building industry. Councilmember Maxey stated he felt, based on the materials provided, that the system has worked and has kept contractors from being unnecessarily disbarred in many cases. He stated he saw a great need for streamlining and a need for staff and Council support and guidance. He stated he could not support Version A. Councilmember Horak stated he did not see a significant difference between Version A and what Councilmember Mabry suggested. He stated his understanding of Version A is that it basically merges the functions of the two boards, with a change in the process of how items come before the board. He expressed concern that Version A has not been presented to the Building Contractors Licensing Board or the Building Board of Appeals. He noted the basic licensing process won't change; it's a change in who makes the decision, while maintaining the right of appeal. He stated he felt evidence had been presented pertaining to how the system can be made better. He indicated he would entertain a deviation of Version A, but felt -436- �I April 21, 1987 Council could proceed with Version A now and if necessary revise it prior ' to Second Reading. Councilmember Stoner stated he felt there was a greater possibility of error in decisions being made by one person, rather than by a group of individuals. Councilmember Winokur shared Councilmember Horak's concern about the Board not being involved in the review process of the proposal to dissolve the Building Contractors Licensing Board. He supported the alternative proposed by Councilmember Mabry. He stated he felt there was more criticism of the process rather than the structure. He indicated that Council would be reevaluating all boards and commissions in the near future and it might be appropriate to give this board a high priority. Mayor Estrada stated he could not support Version A but could support the concept introduced by Councilmember Mabry. The vote on Councilmember Kirkpatrick's motion to adopt Ordinance No. 75, 1987 (Version A) on First Reading was as follows: Yeas: Councilmembers Horak and Kirkpatrick. Nays: Councilmembers Estrada, Mabry, Maxey, Stoner, and Winokur. THE MOTION FAILED. Building Code and Permit Administrator Felix Lee spoke briefly about Version B and answered questions from Council. Councilmember Kirkpatrick encouraged the Board to have some due process for an applicant to know why he was turned down in writing. Councilmember Stoner made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 75, 1987 (Version B) on First Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Mabry requested staff investigate and attempt to enact changes to this Ordinance and any others that need to be modified that would have the effect of combining the Building Contractors Licensing Board and the Building Board of Appeals into one board. He stated the functions of the new board should include all those matters now assigned to the Contractors Licensing Board and the Building Board of Appeals. 437- April 21, 1987 Resolution 87-59 Stating the Policy of ' the City of Fort Collins Regarding the Continuation of the LWRCOG, the MPO Transportation Planning Program, and the 208 Water Ouality Program. Adopted as Amended Following is staff's memorandum on this item: "Executive Summary The Larimer-Weld Regional Council of Governments (LWRCOG) is currently considering whether it should continue operations or disband. At its meeting on March 26, the Board defeated a motion to disband, but agreed to reconsider the action on April 23, after fiscal information was developed. The Chairman of the COG Board has asked each member government to take a formal position on the issue. Council policy direction is requested on the COG issue, as well as on the appropriate structure for continuation of the MPO and 208 programs. This resolution states the position that the COG should disband; that the City should pursue an MPO program separate from Greeley, covering the Fort Collins/Loveland urbanized areas; and that the City should work with the committee established by Larimer County Commissioner Zollner to design a new 208 organization which fairly represents the interests of the entities in Larimer County. Background ' Since 1980, Larimer and Weld Counties and the City of Ault have withdrawn from COG. The cities of Greeley and Ft. Lupton have given notice of their intent to withdraw, and it is likely that the City of Loveland will follow the same course. The City of Fort Collins has been an active and supportive member of the LWRCOG for many years. The withdrawal of a number of COG members has made it necessary to examine the future of the organization and the programs which benefit the City. The attached position paper outlines 4 alternatives available to the City. o Continue COG with remaining membership and current staff level o Continue COG with remaining membership and reduced staff ievel o Continue COG as 208 Agency only o Disband COG The first two alternatives provide for continuation of COG. Costs to the City will increase under both alternatives. The third alternative simply eliminates the necessity of having to form a new organization to be designated as the new 208 Agency. -438- April 21, 1987 Staff believes that regional planning and cooperation are important. Unfortunately, other governments in our region do not support the COG as the vehicle for accomplishing that end. Under the current situation, COG is no longer a viable organization. The MPO Program cannot continue through COG without Greeley's participation. The remaining organization would only represent 35% of the region's population, and would probably not be able to retain the 208 designation. If the COG could not perform the MPO function or the 208 Program, the only remaining service would be the Technical Assistance Program which does not benefit Fort Collins. A review of the MPO program has been undertaken by staff to determine whether we should continue with a single, joint program with the City of Greeley or establish a separate organization focusing only on the Fort Collins/Loveland area. As a practical matter, even if the COG were to continue, a new MPO organization must be established since the City of Greeley has withdrawn from COG. We believe that we should work to establish an MPO dealing only with Fort Collins/Loveland. Larimer County Commissioner Howard Zollner has organized a committee to propose a new 208 organization. Staff recommends that we participate in this forum and work to assure that our interests are fairly represented in the final organization." Deputy City Manager Skip Noe gave a brief background of the item. He and Traffic Engineer Rick Ensdorff answered questions from Council. ' Councilmember Mabry made a motion, seconded by Councilmember Stoner, to adopt Resolution 87-59. Councilmember Horak gave a history of the events leading up to the Resolution under consideration. He stated the Resolution makes some sense based on the history, but added that it doesn't necessarily make total sense because it doesn't truly say where we're going or what we're going to. He stated it did not make sense to him to separate from Greeley on the MPO program. Councilmember Winokur agreed with Councilmember Horak that separating from Greeley does not make sense. He noted that what is really under consideration is the issue of disbanding COG. He stated he felt the Council was forced to recognize the fact that COG is going to become defunct rather than advocate that COG become defunct. Councilmember Horak made a motion, seconded by Councilmember Winokur to amend Section 4 of the Resolution to delete the phrase "covering the Fort Collins/Loveland urbanized area, independent of the City of Greeley". Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. -439- April 21, 1987 The vote on Councilmember Mabry's motion to adopt Resolution 87-59 as , amended was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 87-60 Making an Appointment to the Parking Commission Tabled to May 5 Following is staff's memorandum on this item: "A vacancy currently exists on the Parking Commission due to the resignation of Rodger Burton. The vacancy was advertised and the Council liaison has reviewed the applications submitted. The recommendation will be announced at the April 21 City Council meeting. In keeping with Council's policy, this Resolution will be tabled until May 5 to allow for public input." Councilmember Stoner made a motion, seconded by Councilmember Maxey, to adopt Resolution 87-60 inserting the name of Delores Turman. Councilmember Stoner made a motion, seconded by Councilmember Winokur, to table Resolution 87-60 to May 5. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. I THE MOTION CARRIED. Resolution 87-61 Appointing a Councilmember to Serve on the Board of Directors of the Platte River Power Authority In Lieu of the Mayor. Adopted Following is staff's memorandum on this item: "The City of Fort Collins is entitled to two representatives on the Board of Directors of the Platte River Power Authority (PRPA). Richard Shannon, Director of Utility Services, was appointed in 1986 to serve as one of the City's representatives. The Mayor also serves as a Boardmember or may designate a Councilmember to serve in Lieu of the Mayor. Mayor Estrada has elected not to serve on the PRPA Board and has directed that a Resolution be prepared to appoint a Councilmember to serve in his place. A selection needs to be made and a name inserted in the Resolution prior to adoption." 440- April 21, 1987 Mayor Estrada nominated Councilmember Mabry to serve as the Mayor's representative on the PRPA Board of Directors. Councilmember Maxey made a motion, seconded by Councilmember Stoner, to adopt Resolution 87-61 inserting the name of Councilmember Chuck Mabry. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Maxey, Stoner, and Winokur. Nays: None. Abstain: Councilmember Horak. THE MOTION CARRIED. Ordinance No. 37, 1987, Fixing the Salary of the Municipal Judge Adopted on First Reading Following is staff's memorandum on this item: "City Council met in Executive Session to perform the annual evaluation of the Municipal Judge. This ordinance will establish the 1987 salary for the Municipal Judge after Council determines the dollar amount to be inserted in the ordinance. On March 17, this Ordinance was withdrawn from consideration." Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 37, 1987 on First Reading inserting the amount of $50,000. ' Councilmember Kirkpatrick stated she and Mayor Estrada met with Judge Tobin on April 1 to discuss the salary that had been recommended at an earlier date. She stated the Judge provided additional information about median salaries for municipal judges which range from $43,000 to $65,000 in Aurora, Englewood and Boulder. She pointed out that Judge Tobin is one of our most senior employees in the City of Fort Collins and his performance has been satisfactory. She stated she suggested the $50,000 figure based on performance and comparability to other municipalities. Councilmember Horak stated he did not like the precedent being set by Council changing the amount of salary offered because the employee did not like the proposal. He stated he could not support the Ordinance. Mayor Estrada stated he understood Councilmember Horak's reasoning, but felt the Judge presented information sufficient to reassess the original salary proposed. He felt the proposed $50,000 salary is warranted. The vote on Councilmember Kirkpatrick's motion to adopt Ordinance:Na,.>37;; 1987 inserting the figure $50,000 was as follows:. Yeas: Counci.lmembe.rs';% Estrada, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur: Councilmember Horak. THE MOTION CARRIED. -441- April 21, 1987 Resolution 87-58 Assigning Councilmembers as Liaison Representatives to Various Boards ' and Commissions and Appointing Councilmembers to Vawinne rn..w..i F+nn 11....i ...........♦ AA. -+-A -- •_--A-A Following is staff's memorandum on this item: "At the April 14 Worksession, Council informally discussed the assignment of Councilmembers as liaison representatives to the City's various boards and commissions and the appointment of Councilmembers to various committee assignments. This Resolution would formally make these assignments until such time as the Council makes new assignments." Councilmember Winokur made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 87-58. Councilmember Horak stated he felt he would have problems carrying out Resolution 87-59 just adopted relating to the Council of Governments and would prefer Councilmember Maxey serve as the COG representative. Councilmembers Winokur and Kirkpatrick agreed to the amendment as a friendly amendment to their motion. The vote on Councilmember Winokur's motion to adopt Resolution 87-58 as amended was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick ' Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. (Secretary's Note: Due to the lateness of the hour, Council decided to delay the Executive Session requested by the City Manager until April 28.) Ad.iournment Councilmember Horak made a motion, seconded by Councilmember Mabry, to adjourn the meeting to 4:30 p.m. on April 28. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. The meeting adjourned at 10:55 p.m. ATTTEESST - n City Clerk 442-