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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Transfer of Appropriated Amounts form the Parkland Fund and Street Oversizing Fund to Capital Projects Fund, were being withdrawn from the agenda by staff.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 -217- 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and Zoning, and Item #24, Resolution 87-152 Adopting the Standard Construction Specifications for Water Mains, be withdrawn from the Consent Agenda.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. -218- October 20, 1987 ME 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 -219- October 20, 1987 a 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. -220- 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. -221- 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 -222- October 20, 1987 1 17. ME 19 W 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. -223- 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 -224- 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. -225- 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 -227- 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. -228- 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. -229- 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 -230- 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. -231- 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 -233- 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. -234- 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 -235- 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. -236- 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: -243- 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 -246- 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 -247-