HomeMy WebLinkAboutMINUTES-10/20/1987-Regular' October 20, 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, October 20, 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
Citizen Participation
A. Proclamation naming October as Head Injury Awareness Month was accepted
by Marilyn Maxwell.
B. Proclamation naming October 18-24 as Venture Week was accepted by a
representative of the Venture Club.
' C. Proclamation naming October 26-30 as P3 Week was accepted by Russ
Sennett, President of P (Positive People Planners), who introduced the
officers of P .
D. Proclamation naming October 25-31 as Charles A Lory Student Center
Week was accepted by a CSU student.
[a
eu way Awareness month was accepted by Linda Hopkins, United Way
aign Chairperson.
Agenda Review: City Manager
City Manager Burkett stated a new legal description had been prepared for
Item #6, Items Relating to the Link-N-Greens Annexation, which includes the
right-of-way, and that the item should be removed from the Consent
Calendar. He stated Item #37B, Hearing and First Reading of Ordinance No.
176, 1987, Authorizing the Issuance of Centre for Advanced Technology
Special Improvement District No. 90 Special Assessment Bonds, and Item
#37C, Hearing and First Reading of Ordinance No. 177, 1987, Authorizing the
Transfer of Appropriations between Capital Projects, Appropriating Prior
Year_ Reserves in the Parkland Fund and Authorizing the Transfer of
Appropriated Amounts form the Parkland Fund and Street Oversizing Fund to
Capital Projects Fund, were being withdrawn from the agenda by staff. He
also noted revised wording had been prepared for Item #38B, Second Reading
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October 20, 1987
of Ordinance No. 159, 1987, Repealing and Reenacting Chapter 18 of the Code I
Regarding Mobile Homes.
Councilmember Mabry requested Item #19, Items Relating to the Front Range
Farms II Annexation and Zoning, and Item #24, Resolution 87-152 Adopting
the Standard Construction Specifications for Water Mains, be withdrawn from
the Consent Agenda.
Councilmember Maxey requested Item #18, Hearing and First Reading of
Ordinance No. 168, 1987, Amending Chapter 4 of the Code Regarding Annual
License Fees and Impound Fees for Animals, be removed 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.
Items Relating to the Albrecht Annexation '
A. Second Reading of Ordinance No. 147, 1987, Annexing Approximately
.4351 Acres, Known as the Albrecht Annexation.
B. Second Reading of Ordinance No. 148, 1987, Zoning Approximately
.4351 Acres, Known as the Albrecht Annexation, into the I-G,
General Industrial, Zoning District.
On October 6 after holding a hearing to make determinations and
findings concerning this annexation, Council adopted Resolution 87-133
setting forth the findings. These Ordinances, which were adopted 5-0
on First Reading on October 6, annex and zone approximately .4351
acres located east of County Road No. 9 and 823 feet south of County
Road No. 52. The requested zoning is the I-G, General Industrial,
Zoning District, with a planned unit development condition. The
property is presently developed with a single-family home.
APPLICANT: City of Fort Collins OWNERS: Busch Properties, Inc.
One Busch Place
St. Louis, MO
Items Relating to the Link-N-Greens Annexation
A. Second Reading of Ordinance No. 149, 1987, Annexing Approximately '
36.05 Acres, Known as the Link-N-Greens Annexation.
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October 20, 1987
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Second Reading of Ordinance No. 150, 1987, Zoning Approximately
36.05 Acres, Known as the Link-N-Greens Annexation, into the RC,
River Corridor, Zoning District.
On October 6 after holding a hearing to make determinations and
findings concerning this annexation, Council adopted Resolution 87-134
setting forth the findings. These Ordinances, which were adopted 5-0
on First Reading on October 6, annex and zone approximately 36.05
acres, located south of Lincoln Avenue and west of Lemay Avenue. The
requested zoning is RC, River Corridor. The property is presently
used as a golf course.
APPLICANT: Ms. Dorothy Whisler OWNER: Ms. Dorothy Whisler
c/o C.A. Musgrave 2014 West Blvd.
5655 Hummel Lane Rapid City, SO 57701
Fort Collins, CO 80525
Items Relating to the Vine Business Park Annexation
A. Second Reading of Ordinance No. 151, 1987, Annexing Approximately
167.07 Acres, Known as the Vine Business Park Annexation.
Second Reading of Ordinance No. 152, 1987, Zoning Approximately
167.07 Acres, Known as the Vine Business Park Annexation, into the
I-L, Limited Industrial, Zoning District.
On October 6 after holding a hearing to make determinations and
findings concerning this annexation, Council adopted Resolution 87-135
setting forth the findings. These Ordinances, which were adopted 5-0
on First Reading on October 6, annex and zone approximately 167.07
acres located north of East Vine Drive and west of I-25. The requested
zoning is the I-L, Limited Industrial, Zoning District, with a planned
unit development condition. The property is presently undeveloped.
APPLICANTS: William W. Reynolds
1919 14th Street
Suite 802
P.O. Box 1666
Boulder, CO 80306
OWNERS: Vine Street Partnership
(same address)
A. Second Reading of Ordinance No. 153, 1987, Adopting and Enacting a
New Code for the City.
B. Second Reading of Ordinance No. 154, 1987, Adopting Minor
Amendments to the New Code for the City.
These Ordinances were adopted 5-0 on First Reading on October 6.
Following more than a year of editorial review by City staff and
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October 20, 1987
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10.
Municipal Code Corporation, the analysis, reorganization, and updating
of the municipal Code book have been completed. Substantive Code
changes were enacted at the end of last year through Council adoption
of a series of recodification Ordinances. Other, less significant
changes, are approved with the adoption of this enacting ordinance and
with the second ordinance amending various provisions of the new Code.
Such changes include consolidation and reorganization of material,
correcting the titles of municipal officers, making minor language
changes for consistency, and providing uniformity in format.
The developer has replatted a portion of the Belair P.U.D. Plat and is
requesting a blanket vacation of all utility, access and drainage
easements on Lots 1 through 14 of the Belair Plat. The replat is
called Regency P.U.D. which was approved by the Planning and Zoning
Board on June 22, 1987, and recorded with Larimer County. The replat
dedicates all necessary utility, drainage and public access easements
needed to replace the easements vacated.
All utilities have been contacted and have no problems with the
vacation. This Ordinance, which was adopted 5-0 on First Reading on
October 6, makes the requested vacation.
The developer has replatted all of the Charleston P.U.D. plat and is
requesting a blanket vacation of all utility, access and drainage
easements associated with the Charleston P.U.D. Plat. The replat is
called Charleston P.U.D. Replat which was approved by the Planning and
Zoning Board on June 22, 1987 and recorded with Larimer County. The
replat dedicates all necessary utility, drainage and public access
easements needed to replace the easements vacated.
All utilities have been contacted and have no problems with the
vacation. This Ordinance, which was adopted 5-0 on First Reading on
October 6, vacates the original easements.
The developer has replatted a portion of Dixon Creek P.U.D. plat with
Quail Hollow First and Second Filings, and is requesting a blanket
vacation of all easements, and rights -of -way associated with the
replatted portion of the Dixon'Creek P.U.D. The replats were approved
by the Planning and Zoning Board on August 28, 1986 and March 23, 1987
respectively. The replats dedicated all necessary easements,
rights -of -way and have been recorded with Larimer County.
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October 20, 1987
12.
13.
All utilities have been contacted and have no problems with the
vacation. This Ordinance, which was adopted 5-0 on First Reading on
October 6, vacates the easements.
Fees.
This Ordinance was unanimously adopted as amended on First Reading on
October 6. The following table is a comparison of the total monthly
fees for 1987 and the proposed total monthly fees for 1988 for the
typical single family residence (6,000 sq.ft. lot with 40% impervious
surface):
Foothills
$1.76
$2.05
Fox Meadows
2.20
2.51
McClelland/Mail Creek
3.35
3.54
Spring Creek
1.49
1.90
Canal Importation
2.11
2.47
Dry Creek
1.60
1.82
West Vine
1.76
1.96
Evergreen Park/Greenbriar
3.24
3.54
Fossil Creek
3.05
3.21
All other basins
0.00
0.00
There are no proposed changes to the Basin New Development Fees in
1988. The Storm Drainage Board does not recommend the total fee
increase in the operations and maintenance fee. The Board feels the
General Fund Transfer should only be $69,406 with the remaining
$66,000 considered for the 1989 Budget.
The 1988 Budget includes a 4% increase in monthly wastewater fees.
This increase is necessary in order to ensure that sufficient revenue
is generated to meet anticipated expenses and to comply with City
financial policies.
The last increase in service fees was two years ago when a 4% increase
was implemented. The 4% adjustment will increase the wastewater
service fee for a typical single family residential customer by $.43
per month (from $10.83 to $11.26).
This Ordinance, which was unanimously adopted on First Reading on
October 6, sets the new rate schedule.
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October 20, 1987
14.
15
16.
This Ordinance appropriates the total City Budget for 1988 in the
amount of $164,894,093. It also sets the City mill levy at 7.663
mills which .will generate $4.2 million. Sales and use tax revenues
are projected at a 3.5% growth and will generate a total of $20.8
million.
Items Relating to the 1988 Downtown Development Authority Budget
A. Second Reading of Ordinance No. 164, 1987, Setting the Mill Levy
for the Downtown Development Authority for 1988 and Appropriating
the Annual Expenditures for 1988.
Second Reading of Ordinance No. 163, 1987, Appropriating
Unanticipated Revenue in the Downtown Development Authority Fund
for Payment of Debt Service for the Year 1988.
On October 6 Council unanimously adopted Resolution 87-149 Approving
the 1998 Downtown Development Authority Budget. Ordinance No. 164,
1987, which was unanimously adopted on First Reading on October 6,
sets the 1987 mill levy for the DDA at 3.051 mills which is lower than
the 1987 levy due to the recent reassessment, and appropriates the
1988 budget. The total budget for 1988 is $172,886.
Ordinance No. 163, 1987, which was unanimously adopted on First
Reading on October 6, appropriates funds for the payment of Downtown
Development Authority debt service for 1988. Ordinance No. 142, 1985
dealt with the issuance of tax increment bonds, pledged tax increment
revenues to debt retirement and required payment toward that debt
retirement on a scheduled basis over the life of the bonds. The
Charter requires that all funds which pass through City accounts be
appropriated by Council. The tax increment revenue to be appropriated
flows directly into the debt service account.
On July 1, 1987, the City submitted a grant
development of a passenger assistance bus
project. This grant has recently been
appropriates $7,600 of unanticipated
Transportation Fund.
amendment to UMTA for the
locator computer software
approved. This ordinance
grant revenues in the
P
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October 20, 1987
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17.
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On August 4, 1987, Council authorized the City Manager to execute and
file an application on behalf of the City with the Urban Mass
Transportation Administration to aid in the financing of a private
sector contracting and financial analysis study. The City has
received formal notification of the grant award. This ordinance
appropriates the $20,000 of unanticipated grant revenues in the UMTA
Technical Studies Fund.
Animals.
The proposed Ordinance amends the City Code to allow for both the
annual license fees and impound fees relating to animals to be set
administratively in the future based upon animal shelter operating
costs and an evaluation of charges made for similar services by
neighboring jurisdictions. The process for setting the fees in the
future would be by recommendation of the Humane Society for Larimer
County as the operator of the animal shelter, subject to approval by
the City Manager.
Items Relating to the Front Range Farms II Annexation and Zoning
A. Resolution 87-150 Finding Substantial Compliance and Initiating
Annexation Proceedings for the Front Range Farms II Annexation.
First Reading of Ordinance No. 169, 1987, Annexing Approximately
88.50 Acres Known as the Front Range Farms II Annexation.
First Reading of Ordinance No. 170, 1987, Zoning Approximately
88.50 Acres, Known as the Front Range Farms II Annexation, into
the I-L Limited Industrial Zoning District.
This is a request to annex and zone approximately 88.50 acres located
north of East Vine Drive and east of I-25. The requested zoning is
the I-L, Limited Industrial, Zoning District, with a planned unit
development condition. The property is presently undeveloped.
The improvements in the district were accepted at the September 15,
1987 meeting of the City Council. Notice .of the assessment has been
published and mailed to the affected property owners. This ordinance
is the final step in the closeout of this district.
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October 20, 1987
21.
22.
23.
An earlier ordinance and resolution pertaining to Special Improvement
District No. 90 contained incorrect dates, and the ordinance had
incorporated exhibits which were improperly designated. This
Ordinance corrects those errors.
A. Hearing and First" Reading of Ordinance No. 173, 1987, Amending
Section 2-353(4) of the Code of the City of Fort Collins to
Authorize the Planning and Zoning Board to Accept Dedications of
Streets, Easements and Other Rights -of -Way, and to Vacate
Easements and Other Rights -of -Way.
Hearing and First Reading of Ordinance No. 174, 1987, Amending
Section 29-644(h)of the Code of the City of Fort Collins, to
Authorize the Planning Director to Accept Certain Dedications of
Streets, Easements and Other Rights -of -Way, and to Vacate Certain
Easements and Other Rights -of -Way.
The purpose .of the Ordinances is (a) to include express provision in
the Code authorizing the Planning and Zoning Board to accept the
dedication of streets, easements and other rights -of -way as laid out
on plats presented to the board for approval and to vacate easements
and other rights -of -way (but not to include streets) by resolution or
by approval of replats containing notation of such vacation; and (b)
to authorize the Planning Director to accept the dedication of
streets, easements and other rights -of -way and to vacate easements and
other rights -of -way (not to include streets) with regard to minor
subdivisions.
Each year, and often several times a year, Transfort seeks grant
assistance from the Urban Mass Transportation Administration (UMTA).
In an effort to facilitate that process and to reduce paperwork, staff
has prepared a one-time continuing blanket resolution which meets
federal requirements. The resolution will allow the City Manager to
file grant applications' or grant amendments with UMTA as needed.
This action will not affect the appropriations or budget processes,
but will expedite the grant application process.
F
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October 20, 1987
' 24.
The City's construction specifications for water mains are outdated
and have been totally rewritten. The Resolution would adopt the new
specifications.
25.
The Bellvue Water Association, a wholesale customer of the City, has
received a CDBG grant, administered through the County, to replace its
deteriorating water distribution system. The City will design and
build additions to its distribution system that will allow the
abandonment of the Bellvue system. The costs associated with
construction of these additions will be reimbursed to the City by the
Association, Larimer County, and CDBG funds.
26.
This Resolution authorizes the Library Board to conduct a study of
public library services and needs in Fort Collins. The Library Board
will work on the study with a consultant from the High Plains Regional
' Library Services System, an arm of the Colorado State Library. There
will be no cost to the City for the consulting services from High
Plains. This study will be presented to Council in May of 1988 and
will also be made available to the CHOICES 95 Committee.
27.
This is a street name change request to rename that portion of
Tradition Drive that lies south of the intersection of Wabash Drive.
The street name change request would rename this portion of Tradition
Drive to Moss Creek Drive. North of the intersection of Wabash Drive,
the street would retain the name of Tradition Drive.
Under present conditions, both Tradition Drive and Moss Creek Drive
run generally north and south. The break point in street names
presently occurs in mid -block south of the intersection of Wabash
Drive. This mid -block point represents the dividing line between two
subdivisions. Now that both subdivisions are developing, it becomes
confusing to change street names in the middle of the block. Staff
feels a more appropriate break point for the street names would be at
the intersection of Wabash Drive. North of the intersection would
remain Tradition Drive while south of the intersection would become
Moss Creek Drive.
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October 20, 1987
28. Resolution 87-141 Making An Appointment to the Parks and Recreation
Board.
A vacancy currently exists on the Parks and Recreation Board due to
the resignation of Ricki Saftler-Slack. The Council liaison has
reviewed the applications on file and conducted interviews.
In keeping with Council's policy, the recommendation for this
appointment was announced at the October 6 meeting. The appointment
was tabled to October 20 to allow time for public input.
The prospective appointee is:
Parks and Recreation
Roger Tarum
29. Routine Deeds and Easements.
Amended Easement and Right -of -Way Agreement from Northern Colorado
Water Association (NCWA) across North Shields Pond. The original
easement was accepted by Council on January 6, 1987. The amended
easement provides for an additional 10 feet needed by the
Association to tie into the Elco Waterline due to engineering
problems that developed in the field. The Parks and Recreation
Department reviewed the request on site with NCWA representatives
and concurs with the change. The strict restoration requirements
included in the original easement agreement have been included in
the amended easement.
b. Deed of Easement from Colorado State Board of Agriculture
dedicating street right-of-way needed for the widening of
Timberline Road. The easement is located north of Horsetooth
Road. Consideration: $1,777.
Powerline easement from Harry R. Stoll and Dorothy L. Stoll
located at 115 Palmer Drive needed to underground existing
overhead electric services. Consideration: $1.
Easement from Willow Run Partnership for the last of six easements
needed for Phase II of the Northeast Loop Waterline. The project
provides for the construction of 18,621 lineal feet of waterline
from Riverside/Lincoln to Prospect/Timberline. There will be
three pipe sizes as the line passes across the City. The easement
runs from Lincoln to Highway 14 along Lemay Avenue.
Consideration: $1,469.
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #5. A.
1k1M
October 20, 1987
B. Second Reading of Ordinance No. 148 1987 Zoning
Approximately .4351 Acres. Known as the Albrecht Annexation
into the I-6. General Industrial Zoning District
Item #6. A.
Q
Item #7. A.
Annexation.
AN
Item #8. A.
B. Second Reading of Ordinance No 154 1987 Adopting Minor
Amendments to the New Code for the City.
Item #9. Second Reading of Ordinance No 155 1987 Vacating Easements in
Belair P.U.D.
Item #10.
Item #11.
Item #12.
Item #13.
Item #14.
Item #15. A.
1
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October 20, 1987
B. Second Reading of Ordinance No 163, 1987 Appropriating '
Unanticipated Revenue in the Downtown Development Authoritv
Fund for Payment of Debt Service for the Year 1988
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #16. Hearing and First Reading of Ordinance No 166 1987 Aopro
priating $7,600 in Unanticipated Revenue In the Transportation
Fund for Transfort.
Item #17. Hearing and First Reading of Ordinance No 167 1987
Appropriating $20 000 in Unanticipated Revenue in the UMTA
Technical Studies Fund for Transit
Item #18. Hearing and First Reading of Ordinance No 168 1987 Amending
Chapter 4 of the Code Regarding Annual License Fees and Impound
Fees for Animals.
Item #19. B. First Reading of Ordinance No 169 1987 Annexing
Approximately 88.50 Acres Known as the Front Range Farms II
Annexation.
C. First Reading of Ordinance No 170 1987 Zoning
Approximately 88.50 Acres Known as the Front Range Farms II
Annexation, into the I-L Limited Industrial Zoning District
Item #20. Hearing and First Reading of Ordinance No 171 1987 Assessing
the Cost of Improvements in Greenbriar Special Improvement
District No. 87.
Item #21. Hearina and First Qoarfinn of Ol A,*-n--- \h inn inner
Item #22. A. Hearing and First Reading of Ordinance No 173 1987
Amending Section 2-353(4) of the Code of the City of Fort
Collins to Authorize the Planning and Zoning Board to Accept
Dedications of Streets. Easements and Other Rights -of -Way,
and to Vacate Easements and Other Rights -of -Way.
B. Hearing and First Reading of Ordinance No 174 1987
Amending Section 29-644(h) of the Code of the City of Fort
Collins. to Authorize the Planning Director to Accept Certain
Dedications of Streets. Easements and Other Rights -of -Way,
and to Vacate Certain Easements and Other Rights -of -Way.
Councilmember Mabry made a motion, seconded by Councilmember Maxey, 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.
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October 20, 1987
1 Items Relating to .the
Link-N-Greens Annexation
Following is staff's memorandum on this item:
"A. Second Reading of Ordinance No. 149, 1987, Annexing Approximately
36.05 Acres, Known as the Link-N-Greens Annexation.
B. Second Reading of Ordinance No. 150, 1987, Zoning Approximately 36.05
Acres, Known as the Link-N-Greens Annexation, into the RC, River
Corridor, Zoning District.
On October 6 after holding a hearing to make determinations and findings
concerning this annexation, Council adopted Resolution 87-134 setting forth
the findings. These Ordinances, which were adopted 5-0 on First Reading on
October 6, annex and zone approximately 36.05 acres, located south of
Lincoln Avenue and west of Lemay Avenue. The requested zoning is RC, River
Corridor. The property is presently used as a golf course.
APPLICANT: Ms. Dorothy Whisler OWNER: Ms. Dorothy Whisler
c/o C.A. Musgrave 2014 West Blvd.
5655 Hummel Lane Rapid City, So. Dakota 57701
Fort Collins, CO 80525"
Councilmember Kirkpatrick made a motion, seconded by Councilmember Maxey,
to adopt Ordinance No. 149, 1987 on Second Reading.
City Attorney Huisjen read the amended legal description into the record.
Councilmembers Kirkpatrick and Maxey accepted the amendment as a friendly
amendment to their motion.
Chief Planner Ken Waido responded to questions from Council.
The vote on Councilmember Kirkpatrick's motion to adopt Ordinance No. 149,
1987 as amended on Second 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 Kirkpatrick,
to adopt Ordinance No. 150, 1987 as! amended on Second Reading. Yeas:
Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and
Winokur. Nays: None.
THE MOTION CARRIED.
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October 20, 1987
Ordinance No. 168, 1987, Amending '
Chapter 4 of the Code Regarding
Annual License Fees and Impound Fees
for Animals. Adopted on First Reading
Following is staff's memorandum on this item:
"Financial Impact
Adoption of the Ordinance will allow for an increase in revenue which goes
directly from the public to the Humane Society for Larimer County, thereby
decreasing the amount of support needed from the City through its contract
with the Humane Society for animal control services.
Executive Summary
The proposed Ordinance amends the City Code to allow for both the annual
license fees and impound fees relating to animals to be set
administratively in the future based upon animal shelter operating costs
and anevaluation of charges made for similar services by neighboring
jurisdictions. The process for setting the fees in the future would be by
recommendation of the Humane Society for Larimer County as the operator of
the animal shelter, subject to approval by the City Manager.
Background
Annual license fees for dogs and impound fees for animals admitted to the
animal shelter are set by ordinance and contained in Chapter 4 of the Code.
Section 4-36 establishes license fees of $2.00 for neutered dogs and dogs
under twelve months of age, and $10.00 for unneutered dogs. Section 4-140
allows a $10.00 impound fee for both dogs and cats, and a $20.00 impound
fee for the second impound in a twelve-month period, both in addition to a
daily boarding fee.
The Humane Society for Larimer County has recommended an increase both of
these fees. Monies collected as impound fees should be and are used to
offset operating costs of the animal shelter, and license fee revenues are
specifically dedicated by contract for veterinary services for injured
animals, public education and animal control officer training. It is
appropriate for these costs to be covered by user charges as opposed to tax
revenues.
Both fees require periodic review and revision. Recommendations for the
establishment of both license fees and impound fees are made based upon
shelter operating costs and an evaluation of charges made for similar
services by neighboring jurisdictions.
The proposed Ordinance amends the Code to allow both the annual license
fees and impound fees to be set administratively in the future as
circumstances dictate. I
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October 20, 1987
11
For information purposes, if the Ordinance is adopted, the following fees
would be recommended by the Executive Director of the Humane Society for
Larimer County for approval by the City Manager:
Impound Fees
- Unlicensed dogs
- All cats, licensed dogs, dogs
under six months of age and others
- Animals which are impounded more than
once in a twelve-month period
License Fees
- For dogs under one year of age
- For neutered/spayed dogs
- For all other dogs
$25.00
$15.00
$10.00 in addition
to the above
$ 5.00 per year
$ 5.00 per year
$15.00 per year"
Councilmember Mabry made a motion, seconded by Councilmember Stoner, to
adopt Ordinance No. 168, 1987 on First Reading.
Jim Brozo, Executive Director of the Humane Society, answered questions
from Council about services provided and fees charged to the City.
Councilmember Maxey stated he hoped
for impoundment of animals such as
account when fees are set next year.
any action resulting in the next year
snakes, monkeys, etc. be taken into
The vote on Councilmember Mabry's motion to adopt Ordinance No. 168, 1987
on First Reading was as follows: Yeas: Councilmembers Estrada, Horak,
Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Items Relating to the Front Range
Farms II Annexation and Zoning
Following is staff's memorandum on this item:
"Executive Summary
A. Resolution 87-150 Finding Substantial Compliance and Initiating
Annexation Proceedings for the Front Range Farms II Annexation.
B. First Reading of Ordinance No. 169, 1987, Annexing Approximately 88.50
Acres Known as the Front Range Farms II Annexation.
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October 20, 1987
C. First Reading of Ordinance No. 170, 1987, Zoning Approximately 88.50 '
Acres, Known as the Front Range Farms II Annexation, into the I-L
Limited Industrial Zoning District.
This is a request to annex and zone approximately 88.50 acres located north
of East Vine Drive and east of 1-25. The requested zoning is the I-L,
Limited Industrial, Zoning District, with a planned unit development
condition. The property is presently undeveloped.
Background
The applicant and owner has submitted a written petition requesting
annexation of approximately 88.50 acres located north of East Vine Drive
and east of I-25. The requested zoning is the I-L, Limited Industrial,
Zoning District, with a planned unit development condition. The property
is presently undeveloped. This is a voluntary annexation.
The property is located within the Fort Collins Urban Growth Area.
According to the policies and agreements between the City of Fort Collins
and Larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE
FORT COLLINS URBAN GROWTH AREA, the City will annex property in the UGA
when the property is eligible for annexation according to State law. The
property gains the required 116 contiguity from a common boundary with Vine
Business Park Annexation to the west.
The requested zoning for this annexation is the I-L, Limited Industrial,
Zoning District, with a planned unit development condition. The I-L
District designation is for light industrial uses. The property will
probably eventually develop with a combination of industrial and commercial
uses. Given the property's location adjacent to I-25 and the possibility
that the Fort Collins Parkway will connect with I-25 at a new interchange
just north of this property, the eventual development of industrial and
commercial uses is highly probable. According to the City's LAND USE
POLICIES PLAN, industrial and commercial uses should locate near
transportation facilities and should offer adequate access without creating
demands which exceed the capacity of the existing transportation network,
and in areas where proper utilities can be provided. This site addresses
these Iocational policies. There are no immediate development plans for
the property. Road and utility improvements would be required during
development. The planned unit development condition would require all
development proposals to be reviewed against the criteria of the LAND USE
DEVELOPMENT GUIDANCE SYSTEM.
The State Highway Department has expressed a concern that if this land is
annexed and zoned I-L, Limited Industrial, its development costs for the
proposed Fort Collins Expressway will be higher than if the land remained
in the County and zoned Agricultural. Since the amount of land the State
Highway Department would have to acquire is approximately five acres or ,
less, the property owners and staff believe that it is .:an issue best
-232-
October 20, 1987
' resolved at the time of development, and not significant enough to delay
the annexation and zoning process.
FINDINGS
1. The annexation of this area is consistent with the policies and
agreements between Larimer County and the City of Fort Collins
contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN
GROWTH AREA.
2. The area .meets all criteria included in State law to qualify for a
voluntary annexation by the City of Fort Collins.
3. The attached resolution accepts the annexation petition and determines
that the petition is in compliance with State law. The resolution
initiates the annexation notification process for this property by
establishing the date, time and place when a public hearing will be
held regarding the passage of the ordinances annexing and zoning the
area. Public hearings and second readings of the ordinances annexing
and zoning the property will be considered by the City Council on
December 1, 1987.
4. The requested I-L Limited Industrial, Zoning District is in conformance
with the policies of the City's Comprehensive Plan.
I STAFF RECOMMENDATION
Staff recommends approval of the annexation and requested zoning.
PLANNING AND ZONING BOARD RECOMMENDATION•
The Planning and Zoning Board will hear the request for annexation and
zoning at their regular monthly meeting on October 26, 1987.
APPLICANT: Intermill Land Surveying OWNERS: Floyd W. Deines
1301 North Cleveland 5825 Southridge Greens Blvd.
Loveland, CO 80537 Fort Collins CO 80525
Joe C. Kloberdane
949 Chippewa Ct.
Fort Collins, CO 80525
Raymond J. Klein
5524 E. County Rd. 56
Fort Collins, CO 80524
Irvin G. Schwindt
309 Thunderbird Drive CO
Fort Collins, CO 80521
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October 20, 1987
Jan Day
4625 East County Rd. 52
Fort Collins, CO 80524"
Councilmember Kirkpatrick made a motion, seconded by Councilmember Winokur,
to adopt Resolution 87-150.
Chief Planner Ken Waido gave a brief presentation on this item. He
responded to questions from Council.
The vote on Councilmember Kirkpatrick's motion to adopt Resolution 87-150
was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry,
Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Mabry made a motion,
adopt Ordinance No. 169, 1987 on
Estrada, Horak, Kirkpatrick, Mabry,
None. .
THE MOTION CARRIED.
seconded by Councilmember Stoner, to
First Reading. Yeas: Councilmembers
Maxey, Stoner, and Winokur. Nays:
Councilmember Stoner made a motion, seconded by Councilmember Maxey, to
adopt Ordinance No. 170, 1987 on First Reading. Yeas: Councilmembers
Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays:
None.
THE MOTION CARRIED.
Resolution 87-152 Adopting the
Standard Construction Specifications
for Water Mains Adopted
Following is staff's memorandum on this item:
"Executive Summary
The City's construction specifications for water mains are outdated and
have been totally rewritten. The Resolution would adopt the new
specifications.
Background
The format used in the City's current construction specifications for water
mains was adopted in 1975. Since that time, the format for specifications
used in the water industry has been standardized. In addition,
advancements in the materials and methods 'used to construct water mains
have taken place over the last several years, resulting in the ekisting
specifications being outdated.
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October 20, 1987
' As a result, the Water Utility has totally rewritten and substantially
expanded the specifications using the new standard format. The
specifications are necessary to ensure that water installations built by
the private sector meet the City's standards for materials and performance
and are compatible with the City's water distribution system. This is
particularly important when the City assumes ownership or maintenance of a
system built by a private party and integrates it into the City's system.
The new specifications cover the entire range of water installations,
including pipeline, valves, water services, and fire hydrants. Standards
are spelled out in a much more specific form than previously existed. The
types of materials that may be used to insure the public health and to
reduce future maintenance are also specified. Contractors who install water
mains will be required to warranty their work against deficiencies in
workmanship and materials for a period of two years. In addition, the
pavement repair standards have been revised and are now consistent with the
requirements of the Streets Department.
Comments on the specifications have been solicited from all licensed
contractors in the City and from various City staff and Departments. These
comments and recommendations have been incorporated into the final
document.
The Standard Construction Specifications are on file and available for
public inspection in the Water Utility Office."
Councilmember Winokur made a motion, seconded by Councilmember Kirkpatrick,
to adopt Resolution 87-152.
Distribution and Collection Manager Jim Hibbard answered questions from
Council about the new specifications.
The vote on Councilmember Winokur's motion to adopt Resolution 87-152 was
as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry,
Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Horak reported on his participation in Hunger Awareness Week
and pointed out the need for a better outreach program to local high
schools to familiarize youths with community needs.
Councilmember Kirkpatrick commented on Item N8, Items Relating to Adopting
and Enacting and Making Minor Amendments. to the New Code for the City,
which was adopted on the Consent Calendar. She spoke of the staff time and
' effort which went into preparation of the new Code book and of the final
adoption of the 1988 Budget. She thanked staff for their responsiveness to
Council's input and also thanked the other members of Council for their
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October 20, 1987
efforts in finalization of the Budget. She pointed out the positive step I
toward understanding the condition of the Fort Collins Public Library by
authorizing the Library Board to conduct a study of services and needs.
Councilmember Maxey commented on Item #27, Resolution 87-155 Renaming a
Portion of Tradition Drive in the Four Seasons Subdivision, Fifth Filing to
Moss Creek Drive, and encouraged more awareness of street naming conflicts.
Mayor Estrada reported on his trip to Europe, which was taken in an effort
to encourage foreign companies to locate in Fort Collins. He commented on
the smooth process during preparation of the 1988 Budget, highlighting the
increase in Police services.
Resolution 87-156 Making an
Appointment to the Human Relations
Commission. Tabled to November 3
Following is staff's memorandum on this item:
"A vacancy currently exists on the Human Relations Commission due to the
resignation of Chuck Griffin. The Council liaison has advertised the
vacancy and conducted interviews.
In keeping with Council's policy, the recommendation will be tabled until
November 4 to allow time for public input."
Councilmember Mabry made a motion, seconded by Councilmember Winokur, to
adopt Resolution 87-156 inserting the name of Louise Wendt White.
Councilmember Stoner made a motion, seconded by Councilmember Winokur, to
table Resolution 87-156 until November 3. Yeas: Councilmembers Estrada,
Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 87-157 Authorizing Eminent
Domain Proceedings for the Acquisition
of Property Necessary for Construction
of the Summit View Bridge Replacement
over the Larimer-Weld Canal Adopted
Following is staff's memorandum on this item:
"Financial Impact
In June of 1986 the City received an 8OY grant from the State for the
reconstruction of this bridge. In August 1986, the City Council
appropriated the 2OY in matching funds. Since the estimated -cost of the
replacement of this bridge included the cost of right-of-way there is '
adequate funding to proceed with this item.
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October 20, 1987
Executive Summary
Staff has been unable to reach agreements with Summitview Properties and
Donald McMahen for the purchase of property required for the construction
of the Summit View Bridge Replacement over the Larimer Weld Canal. The
immediate possession of the property is necessary for the construction of
the project this winter to complete the replacement bridge before the
beginning of the irrigation season next spring. Staff is recommending
adoption of the resolution initiating acquisition by Eminent Domain
Proceedings in light of the critical construction schedule.
BACKGROUND:
The existing Summit View Bridge over the Larimer-Weld Canal is structurally
inadequate. Summit View Drive is a major route for emergency vehicles to
the areas north of Vine Drive. After the City was notified of the bridge's
condition, temporary structural improvements were made and weight
restrictions were placed on the structure while a permanent solution was
developed.
The City applied for and received a State grant funding 80 percent of the
cost of replacing this deficient structure. Plans for the replacement
bridge have been completed and bids for the construction have been
received. The project consists of constructing a new fu11-width arterial
' bridge, improving the approaches to the new structure, and installing new
utility lines and sleeves under the bridge for future use.
The Larimer-Weld Canal is one of the largest irrigation ditches in the
City, and construction of the new bridge can only take place during a very
limited period during the winter. If the Summit View Bridge Replacement is
to be completed before the March 1, 1988 deadline, the Contractor must
begin construction no later than December 1, 1987.
Staff has been negotiating with Summitview Properties and Donald McMahen
for the acquisition of a portion of the right-of-way necessary to construct
the project. To date, no agreement has been reached. Eminent Domain
Proceedings must be initiated at this time to permit the City to take
immediate possession of the required property and proceed with construction
if the bridge is to completed this winter."
Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick,
to adopt Resolution 87-157.
City Manager Burkett pointed out this Resolution authorizes staff to
proceed with eminent domain proceedings, noting that in the majority of
such cases, further negotiation prevents condemnation of the property.
The vote on Councilmember Stoner's,motion to adopt Resolution 87-157 was as
follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey,
' Stoner, and Winokur. Nays: None.
-237-
October 20, 1987
THE MOTION CARRIED.
Resolution 87-158 Authorizing Staff
to Proceed with an Eminent Domain
Action for Acquisition of Property
at the Intersection of South College
and Pavilion Drive for the Construction
of Certain Public Street Improvements, Adopted
Following is staff's memorandum on this item:
"Financial Impact
The developer of the adjacent property has agreed to pay all the standard
costs of the condemnation process.
Executive Summary
This Resolution would authorize the use of the City's eminent domain
powers, if necessary, to acquire 486 square feet of land at the southeast
corner of South College Avenue and Pavilion Drive for the necessary curb
return designed for safe access. Staff and the adjacent developer have
been unable to reach agreement for the acquisition of the property.
Background
The Fort Collins Retail Center, or as it is being marketed, "Pavilion," is
an approximately 150,000 square foot retail center located on 18.2 acres at
the southeast corner of South College Avenue and Troutman Parkway. The
site is part of the South College Properties Superblock #1 Plan developed
in 1981. The Superblock Plan was designed to direct land use, development,
and circulation in the area bounded by College Avenue, Troutman Parkway,
JFK Parkway, and Harmony Road. The Super Block Plan facilitates a
coordinated approach to the area which has been complicated by a number of
parcels of varying sizes, under complex ownership, each with different
needs and development schedules.
The Fort Collins Retail Center PUD is bounded by College Avenue on the
west, JFK Parkway (a four lane arterial as designated on the Master Street
Plan), Troutman on the north, and Pavilion, a local street on the south.
Pavilion has been the subject of considerable negotiation and, ultimately,
redesign. Under the standard development scenarios, streets are
constructed with right-of-way dedicated half-and-half from the adjacent
properties benefiting from the new street. Total construction costs are
paid by the developer initiating the project. Repay agreements are secured
so that in the future, should the adjacent owner develop and obtain access
to the street, one-half of the construction costs are repaid to the
original developer.
-238-
October 20, 1987
' The construction of the collector street adjacent to the Retail Center and
the property to the south has been very complicated and negotiation
resulted in redesign of the street so that the entire street right-of-way
was on the property to the north. The remaining issue is the acquisition
of a small, approximately 486 square foot easement for the curb return from
College onto Pavilion.
Staff members have been working with the developers and owners for more
than 18 months. The easements have not yet been satisfactorily secured.
Staff is requesting Council to authorize the use of eminent domain powers
to secure the required easement. Construction of the project has
proceeded, and in fact, the curb and gutter was mistakenly built on the
property without the easement. Rather than require the new construction be
torn out, the owner allowed the construction to remain pending additional
negotiation. However, those negotiations have not been successful and it
is necessary that the City move forward immediately to acquire the legal
interest in that portion of the right-of-way so as to permit the opening of
the roadway to the public."
Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner,
to adopt Resolution 87-158.
Director of Development Services Mike Davis and Economic Development
Administrator Linda Hopkins responded to questions from Council relating to
the events leading up to authorization of eminent domain proceedings.
Vandi Holter, representing Garth Development, 3509 South Mason, stated her
family has not granted the easement because of problems and legal expenses
incurred after the Holters had granted another easement to the City some
time ago. She stated although they would be willing to grant this current
easement, they are holding back in an attempt to receive compensation for
expenses relating to the earlier easement. She answered questions from
Council about the circumstances surrounding the earlier easement and the
impact the current easement will have on their property.
Councilmember Horak stated he felt uncomfortable with adopting the
Resolution because he was not familiar with the situation prior to the
meeting. He stated he could not support the Resolution as drafted until he
has received additional information and time to consider the testimony of
Ms. Holter.
Councilmember Maxey stated he was not willing to proceed with this action
at this time. He stated he did not think delaying this condemnation action
would cause any detriment to continuation of the development.
Councilmember Stoner stated he believed tying this easement together with
the previous easement granted by the Holters would set a bad precedent. He
stated he thought each situation should be handled on its own merits and
that he would support the Resolution.
-239-
October 20, 1987
Councilmember Kirkpatrick stated she would also support the Resolution,
pointing out the Resolution gives authorization to begin condemnation
procedures and does not bind the City to condemnation of the property. She
expressed hope that the situation would be resolved prior to condemnation
action.
Councilmember Winokur agreed with Councilmembers Stoner and Kirkpatrick,
stating he was not willing to be coerced into a hasty decision. He
expressed concern that the situation had progressed to this point.
Mayor Estrada stated that although he understood the property owner's
concern, he did not want to set a precedent by allowing the problems with
the previous easement to be brought into this issue.
The vote on Councilmembers Kirkpatrick's motion to adopt Resolution 87-158
was as follows: Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, Stoner,
and Winokur. Nays: Councilmembers Horak and Maxey.
THE MOTION CARRIED.
Resolution 87-147 Adopting 1988 Recreation
Division Fees and Charges Adopted
Following is staff's memorandum on this item:
"Financial Impact
Cost recovery through fees and charges in the Recreation Fund is projected
to increase from 57 to 64 percent in 1988, and reflects a two percent
decrease in General Fund support. In 1988, staff has projected receiving
$1,565,512 from fees and charges as budgeted.
Executive Summar
Staff has reviewed the user fees for FAST and Fort Collins Youth Baseball,
the two affiliated users who have objected to the proposed charges.
Unfortunately, we have been unable to meet with both groups because of
scheduling difficulties. The Resolution has, therefore, been amended to
delete the charges for these two groups. Staff will resolve the issues
with these groups and return with a separate Resolution addressing these
affiliated fees only.
Attached for your reference is a copy of the October 6 memo regarding user
fees."
Councilmember Maxey made a motion, seconded by Councilmember Stoner, to
adopt Resolution 87-147.
-240-
October 20, 1987
City Manager Burkett indicated staff was
still
working with FAST and Youth
Baseball and that fees for those groups
would
be brought back at a later
date.
Councilmember Horak expressed concern
about
the Parks and Recreation
Board's rejection of the proposed fees.
He stated
if the Board felt the
fee increases should be lower, they should
have provided an alternate
recommendation. He questioned why resolution
has not been reached with
FAST and Youth Baseball.
Deputy City Manager Skip Noe stated staff had not been able to meet with
one of the groups until just prior to the Council meeting. He stated staff
would bring another Resolution on the first meeting of November to address
the fees for those groups.
Councilmember Kirkpatrick noted that the fee policy is currently being
reviewed and revised, adding that is why she does not have any comments at
this time about the fees that are proposed for next year.
Councilmember Winokur expressed concern about the process for reevaluation
of the fee policy.
Mayor Estrada shared some of the concerns expressed by Councilmember
Winokur.
' The vote on Councilmember Maxey's motion to adopt Resolution 87-147 was as
follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey,
Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Items Relating to the Centre for
Advanced Technology Special
Improvement District No 90
Following is staff's memorandum on this item:
"Financial Impact
The bond ordinance provides for the issuance of $2,275,000 to cover the
costs of the District. Disclosure documents are currently being drafted by
the applicant's counsel, thus interest rates will not be available until
Second Reading of the Ordinance.
The appropriations ordinance provides for the use of $562,792 from the
Street Oversizing fund and $67,820 from the Parkland Fund to cover the
City's costs associated with the District.
-241-
October 20, 1987
The ordinance amending Section 22-97 provides for more timely sale of real '
estate in the event of default on special improvement assessment payments.
No direct financial impacts are estimated from this change.
Executive Summary
A. Hearing and First Reading of Ordinance No. 175, 1987, Amending Section
22-97 of the Code of the City of Fort Collins.
B. Hearing and First Reading of Ordinance No. 176, 1987, Authorizing the
Issuance of Centre for Advanced Technology Special Improvement District
No. 90 Special Assessment Bonds.
C. Hearing and First Reading of Ordinance No. 177, 1987, Authorizing the
Transfer of Appropriations between Capital Projects, Appropriating
Prior Year Reserves in the Parkland Fund and Authorizing the Transfer
of Appropriated Amounts from the Parkland Fund and Street Oversizing
Fund to Capital Projects Fund.
Item A provides for more timely sale of real estate in the event of default
on special improvement assessment payments. The current provisions of the
Code allow payments to be in default for over a year and a half. The
underwriter and disclosure counsel for SID No. 90 indicated that this
change would improve the ability to market special district bonds. Staff '
concurs with the recommendation.
On May 14, 1987, staff presented this Special Improvement District to
Council in a special worksession. On May 19, the District's creation
ordinance was adopted 6-0. On June 2, the creation ordinance was adopted
7-0 on the consent calendar.
The Centre for Advanced Technology Special Improvement District No. 90,
approximately 158 acres, is located in the central portion of the City,
adjacent to and northeast of the intersection of Shields Street and Drake
Road. The District is part of the 235 acre Centre Development and is
adjacent to the south campus of Colorado State University.
The improvements to be completed in the district include:
(1) The widening of Shields Street to full arterial standards
between Prospect Road and Drake Road and,
(2) Improvement of internal collector streets of the Centre for
Advanced Technology.
The land in the District is zoned for mixed uses and is presently owned by
Everitt Enterprises Limited Partnership No. 1, the Colorado State
University Research Foundation, and Sam C. Aranci.
A portion of the proposed improvements to Shields Street is the frontage of I
Rolland Moore Park, which will participate in the costs. Costs for the
-242-
October 20, 1987
I
oversizing of water and sewer improvements will be covered with the
appropriate City funds.
Background
The project consists of (a) major improvements to three quarters of a mile
of Shields Street from Windtrail Condominiums Planned United Development
south to Drake Road including asphalt, base course curb, gutters, street
lighting, landscaping and sidewalks with related water, storm drainage and
sanitary sewer improvements in addition to (b) internal street, water,
sanitary sewer, and storm drainage improvements within certain properties
in the District.
Shields Street improvements will consists of (a) the realignment,
regrading, construction, and installation of Shields Street from the
boundary of Colorado State University Research Foundation's property in the
District south approximately 1700 feet to a width of seventy feet from flow
line and including base course, curb, gutters, street lighting, landscaping
(tree removal, tree planting, reseeding and irrigation) and detached
sidewalks five feet in width, and (b) replacement of an existing box
culvert and the extension of another existing box culvert.
Interior improvements to the property owned by Colorado State University
Research Foundation and Everitt Enterprises Limited Partnership No. 1 in
the District will consist of various street, storm drainage, water and
' sanitary sewer improvements. Improvements to Colorado State University
Research Foundation's property include (a) the construction of Center
Avenue to City collector standards and (b) the upgrading and construction
of Meadowlark Avenue to collector standards. Interior improvements to the
property owned by Everitt Enterprises Limited Partnership No. I in the
District will consist of construction of Center Avenue, Worthington Avenue
and part of Meadowlark Avenue to City collector standards. In addition,
internal improvements to Everitt and Colorado State University Research
Foundation property will include construction of a water main distribution
system, a storm drainage system, and a sanitary sewer system.
Shields Street Alignment
At their April 14 worksession, Council directed staff regarding the
alignment for Shields Street. This alignment resulted in the removal of
several large cottonwood trees along the arterial corridor. To compensate
for the removal of the mature trees, staff and the developer have developed
a reforestation plan. According to the plan, a significant number of
medium caliper (V to 4") trees will be planted along Shields Street.
Funding:
Special Improvement District No. 90 includes three kinds of costs: project
costs to be paid from bond proceeds, oversizing costs to be paid by the
' Street oversizing, water and sewer funds, and direct City costs to be paid
from Capital Projects and Parkland funds. All estimated costs of the
district are itemized below:
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October 20, 1987
Summary Costs:
'
of
Project Engineering and Construction Costs
District Construction Costs
S
1,059,037.00
District Engineering and Administration
333,596.00
District 5% Contingency
52,952.00
Subtotal Construction
$
1,445,585.00
Interim Financing and Interest Costs
Interest on Interim Financing
$
25,000.00
First Interstate Fee
15,000.00
Capitalized Interest
604,867.50
Subtotal Interim Financing and Interest
S
644,867.50
Bond Issuance Costs
Legal
$
63,000.00
Registrar/Paying Agent
13,975.00
City Administration Fee
15,900.00
Appraisal & Title
10,000.00
Notice and Printing
7,800.00
Misc. Contingency
17,472.50
Underwriter's Discount
56,400.00
Subtotal Issuance Costs
$
184,547.50
Total Bond Costs
$
2.275.000.00
------------
Oversizing Costs
Street
$
562,792.00
Sewer
67,820.00
Water
10,764.00
Right of Way Acquisition
9,000.00
Total Oversizing Costs
$
644,370.00
City Direct Costs
Balance of Rolland Moore Monies
$
40,600.00
Parkland Fund
53,400.00
Total Direct City Costs
$
94,000.00
Total Cost of District
$
3.013.370.00"
Councilmember Mabry stated he would
withdraw from the discussion and vote
on this item due to a perceived conflict of interest.
Councilmember Horak made a motion,
seconded
by Councilmember Maxey, to
adopt Ordinance No. 175, 1987 on First Reading.
'
-244-
October 20, 1987
City Attorney Huisjen responded to questions from Council about the effect
this Ordinance will have on SID's. d
The vote on Councilmember Horak's motion to adopt Ordinance No. 175, 1987
was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Maxey,
Stoner, and Winokur. Nays: None. (Councilmember Mabry withdrawn)
THE MOTION CARRIED.
(Secretary's Note: Items B and C were withdrawn during the City Manager's
Agenda Review.)
Items Relating to Mobile
Home Parks and Mobile Homes
Following is staff's memorandum on this item:
"Financial Impact
The fees for required inspections on all mobile home installations and
permits for" new mobile home parks occurring after the effective date of
Ordinance No. 159, 1987 will cover the costs associated with providing
those services. At this time no fees are required for mandatory
' inspections of existing mobile home rental units. With the ordinance
amended on first reading now stipulating re -inspections on a five-year
cycle, the Building Inspection Program will be monitored for any additional
costs to administer the mobile home rental program as well as for any other
impact on Division services.
Executive Summary
A. Second Reading of Ordinance No. 158, 1987, Amending Chapter 5 of the
Code Pertaining to Nonowner-Occupied Housing.
B. Second Reading of Ordinance No. 159, 1987, Repealing and Reenacting
Chapter 18 of the Code Regarding Mobile Homes.
Ordinance No. 158, 1987, which was unanimously adopted on First Reading on
October 6, deals with the issue of regulating existing and subsequent
mobile home rental units under the City's rental housing code via a simple
change to the definition of "Nonowner-occupied housing" to include mobile
homes. The basic essentials for habitability including running hot and
cold water, comfort heating, cooking facilities, sleeping quarters,
lighting, ventilation, sanitation, exiting,, and shelter are provided in
this Chapter.
Ordinance No. 159, 1987, which was unanimously adopted as amended on First
Reading on October 6, completely revises Chapter 18 of the Code covering
' mobile home parks, mobile home installation and inspection standards, and
mobile offices. In addition to the requirement for inspection of mobile
home rental units every five years being adopted into the ordinance on
-245-
October 20, 1987
First Reading, the ordinance on Second Reading has been editorially revised '
for clarity relating to inspections in general and right of entry by City
officials.
Section 18-4 has been redrafted for consideration as an amendment to this
ordinance on Second Reading to include all types of inspections involving
mobile homes and parks as well as the right of entry for such inspections.
Notice that Section. 18-4(a) deals with installations inspections and
18-4(b) deals with rental unit inspections. Section 18-4(d) has been
rewritten to more closely follow the right of entry provisions found in the
City Building Code. Also, Section 18-4(c) has been added which clarifies
the authority to make inspections on an as -needed basis to determine
compliance with the law, regardless of other specific inspection
provisions. This consolidation of all inspection provisions into Section
18-4 has resulted in the renumbering of later sections because original
Sections 18-9 and 18-11(3) are now found in Section 18-4.
Section 18-4(d) provides that "the Building Official shall have recourse to
every remedy provided by law to secure entry". Rule 241 of the Colorado
Municipal Court Rules of Procedure authorizes the Municipal Judge to issue
search warrants to an "authorized public inspector" to inspect mobile homes
if he has been unable to obtain permission to enter."
Councilmember Horak made a motion, seconded by Councilmember Maxey, to
adopt Ordinance No. 158, 1987 on Second Reading. Yeas: Councilmembers
Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays:
None.
THE MOTION CARRIED.
Councilmember Mabry made a motion, seconded by Councilmember Horak, to
adopt Ordinance No. 159, 1987 on Second Reading.
City Attorney Huisjen spoke of the changes made between first and second
reading of Ordinance No. 159, 1987. He noted further amendments had been
made and distributed since publication of the agenda which further clarify
the definition of owner to include the owner of the mobile home park, the
owner of the mobile home, the agent, or the tenant.
Councilmembers Mabry and Horak accepted the amendment as a friendly
amendment to their original motion.
Barbara Allison, 1212 Lynnwood Drive, questioned the provisions of Section
18-8(c) dealing with mobile home installation standards.
The vote on Councilmember Mabry's moti'on`to adopt Ordinance No. 159, 1987
as amended on Second Reading was as follows: Yeas: Councilmembers Estrada,
Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
1
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October 20, 1987
IOther Business
City Manager Burkett brought Council's attention to a draft copy of the
Fort Collins opinion survey and asked Council for comments on the survey.
Communications and Public Affairs Manager Johnie Pearson received comments
from Councilmembers and responded to questions about the survey.
Adjournment
Councilmember Maxey made a motion, seconded by Councilmember Stoner, to
adjourn the meeting. Yeas: Councilmembers Estrada, Horak, Kirkpatrick,
Mabry, Maxey, Stoner, and Winokur. Nays: None.
The meeting adjourned at 8:25 p.m.
TTEST:
City Clerk
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