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HomeMy WebLinkAboutMINUTES-07/07/1987-RegularJuly 7, 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, July 7, 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, Eckman, Krajicek Agenda Review: City Manager City Manager Burkett noted a revised Ordinance No. 97, 1987 had been provided to Council for Item #12, Hearing and First Reading of Ordinance No. 97, 1987, Amending Certain Sections of the Code Pertaining to the Execution of City Documents. Councilmember Mabry requested Item #31, Resolution 87-92 Recognizing Fort Collins as an Urban Wildlife Sanctuary, be removed from the Consent ' Calendar. Councilmember Horak asked that Item #25; Resolution 87-86 Authorizing the Purchase of Real Estate (old Kentucky Fried Chicken Site) for the Construction of Spring Creek Master Plan Improvements South of Stuart Street and West of College Avenue, be withdrawn from the Consent Agenda. Councilmember Winokur requested Item #13, Hearing and First Reading of Ordinance No. 98, 1987, Amending Section 114-2 of the Code of the City of Fort Collins Relating to the "Model Traffic Code for Colorado Municipalities," 1977 Edition, be withdrawn from the Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Items #35 and #45, Pul`led'•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. -39- July 7, 1987 C1 5. FBI 7. This Ordinance was adopted 6-0 on First Reading on May 19 and on June 2 was tabled to this date on Second Reading at the request of the applicant. The Center for Advanced Technology Special Improvement District No. 90 is located on Shields Street from Landmark Apartments at Prospect Road to Raintree Shopping Center at Drake Road. The district is proposing to complete the widening of Shields Street to full arterial standards between Prospect Road and Drake Road and to improve the internal collector streets of the Center for Advanced Technology (C.A.T.). The district is composed of four properties, Everitt Enterprises, CSURF, Windtrail PUD, and Sam Aranci. A portion of the proposed improvements to Shields Street is the frontage of Rolland Moore Park, which will participate in the costs. Spring Creek Professional Park P.U.D. is now under construction and will widen Shields Street along its frontage, just north of Rolland Moore Park. The widening of Shields Street will provide a much needed capacity to this important arterial corridor. The Developer of Rangeview P.U.D. is requesting the vacation of a utility easement in order to revise the location and the shape of proposed buildings. This relocation of the easement requires relocating the existing utilities in the easement, which shall be the responsibility of the Developer to complete to the satisfaction of proper Utility Agencies, and to bear all costs associated with the relocation. All Utilities have been contacted and have no problems with the vacation and dedication. This Ordinance, which was unanimously adopted on First Reading on June 2, vacates the easement. The Developer of Horsetooth Commons P.U.D. has received the Planning and Zoning Board's approval to develop a parcel of land on the northwest corner of Shields Street and Horsetooth Road. The project was approved and replatted at the February 23, 1987 Planning and Zoning Board meeting. Three pieces of street right-of-way which were dedicated prior to the Horsetooth Commons replat will not be needed. The developer is requesting the vacation of these three pieces of -40- July 7, 1987 Fj Ij 0 F>a right-of-way. All necessary rights -of -way, and easements for this new development have been dedicated with the replat. All utilities have been contacted and have no problems with the vacations. This Ordinance, which was unanimously adopted on First Reading on June 2, makes the needed vacations. Items Relating to the Hoffman Mill Annexation and Zoning A. Second Reading of Ordinance No. 90, 1987, Annexing Approximately 5.95 Acres, Known as the Hoffman Mill Annexation. B. Second Reading of Ordinance No. 91, 1987, Zoning Approximately 5.95 Acres, Known as the Hoffman Mill Annexation, into the B-P, Planned Business, Zoning District. These Ordinances, which were unanimously adopted on First Reading on June 2, are a request to annex and zone approximately,5.95 acres, located north of Riverside Avenue and east of Lemay Avenue, which is presently an enclave of county area completely surrounded by incorporated area of the City of Fort Collins. The requested zoning is the B-P, Planned Business, Zoning District, with a planned unit development condition. OWNERS: Albert Craft 1216 Hoffman Mill Road Fort Collins, CO Charles Schneider 1300 E. Laurel Street Fort Collins, CO James Hildred 1308 E. Laurel Street Fort Collins, CO Wilber Dinkel 1208 Hoffman Mill Road Fort Collins, CO Adam Schneider 1200 Hoffman Mill Road Fort Collins, CO This ordinance, which was unanimously.adopted on First Reading on June 2, will reduce the cash rate charged developers for satisfaction of raw water requirements from $1000 to $800 per acre foot. It has been the City's practice for many years to set the cash rate in -lieu -of water rights at the approximate price of CBT water. Lowering the rate to be more consistent with current prices will provide a more equitable option to those developers.! who do not have water rights available to satisfy the City's requirements'., The Water Board recommended at their May 15, 1987 meeting to set -the rate at $800 per acre foot. -41- July 7, 1987 10. 11. 12. IFE This Ordinance is the result of the April 21, 1987 Council meeting and a subsequent meeting with staff and members of both the Building Contractors Licensing Board and Building Board of Appeals. It was endorsed by both bodies with a recommendation that the new board be named the "Building Review Board". This Ordinance, which was unanimously adopted as amended on First Reading on June 2, creates a board of seven regular members and two alternate members, at least three of whom have technical qualifications. The legislature recently revised the definition of "peace officer" under state law. In order to conform the provisions of our Code to the new definition and to enable special police officers, especially community service officers, to issue summonses and complaints for misdemeanor offenses, staff is recommending a revision to Section 7-9 of the City Code. At present, the enforcement authority of special police officers is ' limited to the enforcement of City Code provisions. The proposed revision would allow the Chief of Police to designate certain portions of the state law to be enforced by special police officers. Additionally, the change would specifically designate the special police officers as "peace officers," so as meet the requirements of the revised state law. The question:of who should sign what kinds of City contracts regularly arises during the conduct of City business. :Certain changes in the City Code- are recommended in order to more clearly identify the appropriate City official who should .fl gnuvarious kinds of written contracts. Automobile collisions are a common cause of death and injury. Research has shown that safety belt use reduces the chance of being killed or seriously injured. A City Ordinance requiring the use of safety belts will permit the violation to be written into Municipal -42- July 7, 1987 14. Court. This ordinance follows the new state statute and is no more restrictive. The City originally solicited lease/purchase financing proposals on March 12, 1987 at 10:00 A.M. First Continental Financial Corporation was the low bidder at a net effective interest rate of 6.30%. The City and the low bidder have mutually agreed to terminate negotiations on a lease purchase agreement. The net effective interest rate from the second low bidder, Maryland National Leasing Corporation is now 7.03%. Due to the elapsed time and unstable market conditions, neither the second or third low bidders could hold their originaL rate, but offered alternate rates. Maryland National Leasing Corporation offered 7.03%; Rauscher, Pierce, Refsnes offered 7.98%. The City's estimated savings on the refinanced lease purchase agreements at 7% is $15,00O; current four year Treasury issues are yielding approximately 7.8%, thus we feel 7.03% is a competitive rate. The City has $461,645.82 at 8.682% and $277,558.84 at 8.22% being ' refinanced at the lower rate. These existing lease/purchase agreements were due in April and May; therefore, these balances were paid from available cash in anticipation of the completed agreements with First Continental Financial Corporation. The Revenue Division has been earning 6.4 to 6.5% on available cash investments. Quarterly payments which would have been due on the prior lease/purchase agreements will be retained by the City, earning the City additional funds (the difference between 8.22 and 8.6% from the lease/purchase payments and 6.4 to 6.5% that would normally be earned on available cash). The new equipment for 1987 is comprised of patrol cars, investigation sedans, twq.mowers. and video production equipment in the amount of E366,658.5O.., Money for the 1987 lease/purchase payments was budgeted when the 1987 Budget was adopted. A complete list of the equipment being lease/purchased is contained in the Ordinance. 15. The Eighth Judicial District Victim Assistanceand Law Enforcement Board has awarded Fort Collins' Police Services $11,585 for the acquisition of a portable forensics argon laser system. The grant -43- July 7, 1987 16 application was prepared and presented by Police Services as a shared request with the Larimer County Sheriff's Department, Colorado State University Police Department, and Loveland Police Department. The forensic argon laser system will be utilized by the four law enforcement agencies for the identification, collection, and documentation of latent evidence at appropriate crime scenes. As specified in the grant application, the system will be administered by Police Services and will be readily available to trained technicians of the other agencies for their use. Police Services is appreciative of the V.A.L.E. Board's support in providing funding for this very desirable item of equipment. Items Relating to Street Repairs in the Foothills Park Resubdivision A. Resolution 87-85 Authorizing the Execution of a quitclaim Deed Releasing Lots Held as Collateral for the Repair of Streets in the Foothills Park Resubdivision. Hearing and First Reading Ordinance No. 101, 1987, Appropriating $54,378 in the Capital Projects Fund for Street Repairs in the Foothills Park Resubdivision. Since 1979 we have had problems with the streets in the Foothills Park Resubdivision, most notably Colony and Tradition Dr-ives. It was agreed that the developer would make the repairs prior to the City accepting the streets for maintenance. Over the past 8 years the developer made some repairs, but never completed the job. City staff made several attempts to get the developer to repair the streets. One of the methods involved the developer deeding several lots to the City to guarantee that the work would be done. During a corporate reorganization, the City's deed was executed by the prior corporate owner, and not the new corporate owner. Accordingly, the deed was not sufficient to convey title to the City, but was sufficient to create a cloud,on the title in the development. For that reason, the parties again negotiated and last year we :reached a tentative agreement with the developer whereby he agreed to pay the City $54,378, the estimated cost to repair the streets, and the City would clear title to the property by execution of the quitclaim deed which is the subject of the resolution. Last month the lender, First Federal Savings Bank of Lakewood, foreclosed on the developer and took back the unsold lots. The agreement reached verbally had not yet been executed by the Developer and the City'.when the default on the Developer's loan occurred, and the lender came into possession of the remaining lots. City staff met with the bank representatives, explained the circumstances, and the City received the total $54,378. -44- July 7, 1987 ' 17. Items Relating to the Taft Canyon First Annexation and Zoning, A. Hearing and First Reading of Ordinance No. 102, 1987, Annexing Approximately .386 Acres, Known as the Taft Canyon First Annexation. B. Hearing and First Reading of Ordinance No. 103, 1987, Zoning Approximately .386 Acres, Known as the Taft Canyon First Annexation, Into the T-Transition Zoning District. This is a request to annex and zone approximately .386 acres of property, located south of Horsetooth Road (County Road 38E) and west of the Taft Canyon PUD, west of Taft Hill Road. The property is presently undeveloped. APPLICANTS: City of Fort Collins OWNERS: Same 18. Items Relating to the Taft Canyon Second Annexation and Zoning A. Hearing and First Reading of Ordinance No. 104, 1987, Annexing Approximately .642 Acres, Known as the Taft Canyon Second Annexation. B. Hearing and First Reading of Ordinance No. 105, 1987, Zoning Approximately .642 Acres, Known as .the Taft Canyon Second Annexation, Into the T-Transition Zoning District. ' This is a request to annex and zone approximately .642 acres of property, located south of Horsetooth Road (County Road 38E) and west of the Taft Canyon PUD, west of Taft Hill Road. The property is presently undeveloped. APPLICANTS: City of Fort Collins... OWNERS:. Same.,,,,.A., 19. Items Relating to the Dueck Colorado Properties Ltd Annexation and Zoning. A. Hearing and First Reading of Ordinance No. 106, 1987, Amending Ordinance No-55, 1987, Annexing Approximately 23.37 Acres, Known as the Dueck Colorado Properties, Ltd. Annexation. B. Hearing and First Reading of Ordinance No. 107, 1987, Amending Ordinance No. 56, 1987, Zoning Approximately 23.37 Acres, Known as the Dueck Colorado Properties, Ltd. Annexation, Into the T-Transitional Zoning District. These ordinances will make certain corrections to previous ordinances passed by the City Council which annexed and zoned approximately 23.37 acres known as the Dueck Colorado Properties, Ltd. Annexation. -45- July 7, 1987 20. if 22. 23. This is a request rezone approximately 23.37 acres located east of S. College Avenue, south of the Trilby Road, and north of Robert Benson Lake, from the present T-Transitional Zoning District to the H-B, Highway Business, Zoning District, with a planned unit development condition and a condition requiring the entire 23.37 acres to be master planned as a single unit at the time of any development proposal. APPLICANT: Dueck Colorado Properties, Ltd. OWNER: Same 15701 W. 1st Ave, Suite 200 Aurora, CO 80011 In January and February of 1986, Council approved Resolutions 86-9 and 86-10 accepting the petitions of the property owners and Ordinance No. 6, 1986 creating the South Lemay Special Improvement District No. 86. One of the petitioners, Dueck Colorado Properties, Ltd., has since purchased an additional twenty-one acre parcel and is requesting that it be included in the district. There will be no changes to the scope or construction of SID improvements. Publication and notice of the change was for the required time period, and written notification was sent to the other petitioners. The tract. of land platted as Fairway Five at been replotted as Fairway Five Estates P.U.D. The Developers are requesting vacation of rights -of -way previously dedicated as stated description. Re -dedication of easements and with the recorded new plat. Southridge P.U.D. has at Southridge Greens. easements and public in the attached legal rights -of -way occurred All Utilities have been contacted and have no problems with the proposed vacation. The owner of Overland Trail Farm Subdivision is requesting the vacation of a 20 foot wide utility easement intended to be used for a -46- July 7, 1987 24. sanitary sewer. The sanitary sewer was never constructed and the easement is not needed. The project was approved and replatted at the October 27, 1986 Planning and Zoning Board meeting. All necessary rights -of -way, and easements for this new development have been dedicated with the replat. All utilities have been contacted and have no problems with the vacation. The owner of Lot 66, Southmoor Village First Filing, recently acquired the northerly 10 feet of Lot 135, Southmoor Village Third Filing. There is a 6 foot utility easement on each side of the original lot line between Lots 66 and 135, making an easement 12 feet wide. The owner is requesting that the 6 foot easement on Lot 66, and 2 feet of the 6 foot easement on Lot 135 be vacated in order to build an addition to the existing house. A 4 foot wide portion of the easement on Lot 135 will remain, which will be adequate to service the adjacent lots with all necessary utilities. All utilities have been contacted and have no problems with the vacation. ' 25. Resolution 87-86 Authorizing the Purchase of Real Estate fold Kentucky Fried Chicken Site) for the Construction of Spring Creek Master Plan Improvements South of Stuart Street and West of College Avenue This area is considered to have a high hazard to the health and safety of the property owners if a major storm should occur. The purchase of the old Kentucky Fried Chicken site is the initial step toward the resolution of the flood problems in the Spring Creek/College area. The Spring Creek basin master plan, which was approved by City Council in 1982, recommends a grass -lined channel from College Avenue to the Burlington Northern Railroad (BNRR). The proposed improvements would remove the existing properties from the 100 year flood plain. The alignment„ and timing of the channel are being finalized, with the final recommended alignment to be presented to Council at a worksession in July. All alternatives impact this parcel due to its location adjacent to the crossing of Spring Creek at College Avenue. Staff recommends the purchase of this property because the price is within the appraised value and the property owners are willing sellers. The purchase price is based on $69,000 for the existing building and improvements ($34.23/sq. ft.) and $146,000 for the land. This includes 19,442 sq. ft. of frontage property and 17,248 sq. ft. of back lot property with an access easement: The average purchase price of the land is $3.98/sq. ft. -47- July 7, 1987 26. As adopted in 1980, the Intergovernmental Agreement for the Fort Collins Urban Growth Area provides that the City of Fort Collins will annex all eligible property within the Urban Growth Area. The State of Colorado's annexation laws allow a municipality to annex county enclaves which have been completely surrounded by the city for three or more years. There are a number of properties throughout the city that qualify for annexation under these terms. At the request of the City Council, staff has been processing the annexation of county enclaves as they become eligible under State law. The annexation included for consideration at the July 7th meeting was approved by the Planning and Zoning Board -on May 18, 1987, by a vote of 7 - 0. One property is included in this resolution of intent to annex. Following adoption of this resolution by Council appropriate notification of affected property owners, the annexation request, along with the zoning request, will be considered on first reading at the August 4th Council meeting. The property is: East Vine Drive 8th Annexation: 4.964 acres, east of Lemay Avenue and ' north of Vine Drive. 27. Resolution 87-88 Adjusting Ice Rental Rates at EPIC WN In order to accommodate as many requests as possible, a refinement of the rate structure, based on popular and unpopular ice times, is being recommended. This proposal will add greater definition to the ice rental fee structure. The current fee structure does not make provisions for non -prime usage, late night usage and quantity discount. A larger demand for prime time ice than can be supplied during the 1987-1988 season fs :expected. The proposed rate structure will encourage non -prime usage and relieve some of the demand for prime -time ice. Staff also wishes to avoid mid -season rate increases (January 1988), which could create a greater financial impact to the user groups than making the adjustment at the beginning of the season. A mid -season increase would also create scheduling problems and cancellations. This resolution authorizes the City Manager to '',enter into a professional services agreement with ROB for the engineering services required to design the Summit View Drive Bridge. This bridge -48- July 7, 1987 ' construction is funded by a state grant for 80% of the costs involved with the City matching with the remaining 20%. The total cost of the contract for the design is $25,000. 29. Resolution 87-90 Authorizing the Mayor to Execute a Transmission Line Easement to be Granted to Platte River Power Authority. To facilitate the relocation of the City's Power Plant Substation and the removal of the transmission line through the Gustav Swanson Nature Area, Platte River Power Authority requests a transmission line easement across City property. The easement will serve a new electrical substation to be located in the Linden Tech Industrial Park. The easement consists of three parcels and contains a total of 0.24 acres. Two portions of the easement are on the east edge of the Nature Area; the remaining parcel is south of Vine Drive and west of Linden Drive. (Refer to the attached map.) The line is designed such that no trees will be removed. The easement has been reviewed and approved by Planning and Development, Parks and Recreation, Natural Resources, the Right of Way Agent, and the City Attorney. Platte River Power Authority has cooperated with the City on aesthetic issues to minimize visual impact to the Nature Area. Following completion of the Linden Tech Substation, the retirement of the Power Plant Substation in 1989 will permit the removal of approximately 1500 feet of existing overhead transmission line through the Nature Area. ' 30. The Four Seasons, Fifth Filing P.U.D. was approved 'on June 26, 1985 by the Planning and Zoning Board with a cul-de-sac named Tradition Court: A cul-de-sac with the same name already exists in another area. The Developer of Four Seasons agreed to change the name of the cul-de-sac in the Fifth Filing. Currently no houses exist on the cul-de-sac, therefore no property owners will be affected by the name change. 31. Resolution 87-92 Recnani7inn Gnrf ' rnll`inc The Resolution's purpose is to formally recognize Fort Collins as a place where urban wildlife is considered important to quality of life and as a municipality which seeks to protect urban wildlife habitat through the development review process and through the Fort Collins Backyard Wildlife Habitat Program. The resolution is part of the process of seeking sanctuary certification through the National Institute For Urban Wildlife. It creates no new policies or processes, but rather formally recoani7es tha wildlifa wolnn ..a solution -49- July 7, 1987 �tAI On June 2, 1987, the City Council heard an appeal of the April 20, 1987, Planning and Zoning Board decision which denied preliminary P.U.D. approval of 1.57 acres of The Pulse PUD. The Council voted 5-2 to uphold the Planning and Zoning Board decision, thereby denying the proposed uses as presented. 33• Resolution 87-83 Making Appointments to Various Boards and Commissions. Council has received copies of applications for membership on the various City Boards and Commissions, and interviews with the applicants have been conducted by Council committees. In keeping with Council's policy, recommendations for the various appointments were announced at the June 2 meeting. The appointments were tabled to July 7 to allow time for public input. 34. Routine Easements. a. Powerline easement from Jonathan M. Netter located at 649 South College Avenue needed to underground existing overhead electric system. Consideration: $960. (S5/sq.ft.) ' b. Powerline easement from Karl E. Frye, Betty D. Frye, James M. Stevens, Linda J. Stevens, Janet D. Lepp needed to underground existing overhead electric system, located at 647 South College Avenue. Consideration: $1. c. Powerline easement from John H. Gruenloh needed to underground existing electric services located at 619 Whedbee. Consideration: $1. d. Easement from Lyma, Inc. for Phase I of the Greenbriar Storm Drainage Outfall Project. This 'easement, located south of Conifer Street --and east of Lemay Avenue, is needed to take storm water from the southeast corner of Greenbriar P.U.D. to and under the Lake Canal Ditch. Consideration: $1. e. Waterline easement from Evergreen Park II, a partnership, located west of Blue Spruce Drive in Evergreen Park for the Northeast Loop Waterline. On September 17, 1985, City Council adopted Resolution 85-164, authorizing the acquisition of this easement by eminent domain. The -City obtained immediate possession of the easement area,, and constructed the waterline. As the May 21, 1987 final hearing date approached, the property owner stipulated to a final settlement, avoiding the expense of a jury trial. Consideration: $1,800. 1 -50- u July 7, 1987 ' f. Easements from Total Petroleum, Inc. connected with the construction of a new Vickers Station on the site of the old Husky Station at 2025 South College. The easements are dedicated for a sanitary sewer, electrical, a water line and sidewalk necessary to serve the site on Lots 8 and 12 of Spring Court Subdivision. Consideration: None. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Item #6. Item #7. Item #8. A. A Item #9. Item #10. - qr,?+a Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #11. Item #12. Item #13. -51- July 7, 1987 Item #14. Hearing and First Reading of Ordinance No 99 1987 Authorizing ' the City Manager to Enter into an Agreement for the Lease/ Purchase of Vehicles and Eauipment Item #15. Hearing and First Reading of Ordinance No 100 1987 ADpro priating Unanticipated Revenue of $11 585 in the General Fund for the Purchase of a Portable Forensic Argon Laser System Item #16. B. Hearing and First Reading Ordinance No 101 1987 A,,ro priating $54,378 in the Capital Protects Fund for Street Repairs in the Foothills Park Resubdivision Item #17. A. Hearing and First Reading of Ordinance No 102 1987 Annexing Approximately .386 Acres Known as the Taft Canyon First Annexation. B. Hearing and First Reading of Ordinance No 103 1987 Zoning Approximately .386 Acres Known as the Taft Canyon First Annexation. Into the T-Transition Zoning District Item #18. A. Hearing and First Reading of Ordinance No 104 1987 Annexing Approximately 642 Acres Known as theTaft Canyon Second Annexation. B. Hearing and First Reading of Ordinance No 105 1987 Zoning ' Approximately .642 Acres Known as the Taft Canyon Second Annexation. Into the T-Transition Zoning District Item #19. A. Hearing and First Reading of Ordinance No 106 1987 Amending Ordinance No 55 1987 Annexing Approximately 23 37 Acres. Known as the Due k Colorado Properties, Ltd Annexation. B. Hearing and First Reading of Ordinance No 107 1987 Amending Ordinance No 56 1987 Zoning Approximately 23 37 Acres. Known as the Dueck Colorado Properties Ltd Annexation. Into the T-Transitional Zoning District Item #20. Hearing: and First Reading of OHinanc No 108 1987 Rezoning 23.37 Acres from the T-Transition to theH-B Highway Business Zoning District. Item #21. Hearina and First RPadinn of nrdinanrn Nn 07 1007 A --- J:-- ak- Item #22. Hearing and First Reading of Ordinance No 109 1987 Vacating Easements and Public Riahts-of-Way Platted with the Fairway Five at Southridge Greens P U D Item #23. -52- July 7, 1987 I Item #24. Councilmember Mabry made a motion, seconded by Councilmember Stoner, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 98, 1987, Amending Section 114-2 of the Code of the City of Fort Collins Relating to the °Model Traffic Code for Colorado Municipalities,' 1977 Edition. Adopted on First Reading Following is staff's memorandum on this item: "Executive Summary Automobile collisions are a common cause of death and injury. Research has shown that safety belt use reduces the chance of being killed or seriously injured. A City Ordinance requiring the use of safety belts will permit the violation to be written into Municipal Court. This ordinance follows the new state statute and is no more restrictive. Background On July 1, 1987, the state lam concerning the mandatory use of safety belt• systems in motor vehicles became effective. This, law affects front seat occupants of a motor vehicle. It also requires that enforcement be a secondary offense, thereby requiring another violation to have occurred before issuance of a summons for failure to wear a safety belt. The proposed ordinance is essentially the same as the state statute. By having the safety belt requirement included in the Model Traffic Code, enforcement and compliance` are enhanced because violations occurring within the City can be written into the Municipal Court." Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 98, 1987 on First Reading. Bruce Lockhart, 2500 East Harmony Road, opposed the regulation of seat belt use. Ernie Rogers, 609 East Prospect Road, .'expressed support for a local seat belt law. Councilmember Winokur stated although he was in favor of the use of seat ' belts, he objected to a mandatory seat belt law. -53- July 7, 1987 Councilmember Horak stated he felt a mandatory seat belt law was long I overdue. Councilmember Stoner stated this Ordinance will allow Fort Collins police officers to write tickets on the local level into Municipal Court rather than enforcing the state ordinance. Mayor Estrada noted the state has enacted the mandatory seat belt law and the Ordinance under consideration makes Fort Collins' ordinances compatible with the State Statutes and allows the City to recover the fines.from tickets. The vote on Councilmember Kirkpatrick's motion to adopt Ordinance No. 98, 1987 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, and Stoner. Nays: Councilmember Winokur. THE MOTION CARRIED. Resolution 87-86 Authorizing the Purchase -_ of Real Estate (old Kentucky Fried Chicken Site) for the Construction of Spring Creek Master Plan Improvements South of Stuart Street and West of College Avenue Adopted ' Following is staff's memorandum on this item: "Financial Impact The contract price of the parcel is $215,000 plus $27.58 per day for the period from May 20, 1987 to the actual date of closing. The $27.58 is prorated to cover a share of taxes, insurance, maintenance and interest after May 20th. The purchase price was appropriated in the 1987 Capital Improvement budget for Spring Creek and funds are available. tive Summar This area is considered to have a high hazard to the health and safety of the property owners if a major storm should occur. The purchase of the old Kentucky fried Chicken site is the initial step toward the resolution of the flood problems in the Spring Creek/College area. The Spring Creek basin master plan, which was approved by City Council in 1982, recommends a grass -lined channel from College Avenue to the Burlington Northern Railroad (BNRR). The proposed improvements would remove the existing properties from the 100 year flood plain. The alignment and timing of the channel are being finalized, with the final recommended alignment to be presented to Council at a worksession in July. A71 alternatives impact this parcel due to its location adjacent :to the ' crossing of Spring Creek at College Avenue. Staff recommends the purchase -54- July 7, 1987 of this property because the price is within the appraised value and the property owners are willing sellers. The purchase price is based on $69,000 for the existing building and improvements ($34.23/sq. ft.) and $146,000 for the land. This includes 19,442 sq. ft. of frontage property and 17,248 sq. ft. of back lot property with an access easement. The average purchase price of the land is $3.98/sq. ft." Councilmember Stoner made a motion, seconded by Councilmember Maxey, to adopt Resolution 87-86. Right -of -Way Agent Ron Mills explained the appraisal of the property and how the purchase price was arrived at. Stormwater Utility Manager Bob Smith responded to questions from Council about the Spring Creek Master Plan and purchase of this site. Director of Utility Services Rich Shannon answered questions about the impact on mobile homes in the area. Councilmember Kirkpatrick stated she would like an update on the storm drainage improvement plans for the near future. Councilmember Horak expressed concerns about the _price of the property. The vote on Councilmember Stoner's motion to adopt Resolution 87-86 was as follows: Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, Maxey, Stoner, ' and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. Resolution 87-92 Recognizing Fort Collins as an Urban Wildlife Sanctuary Adopted as Amended Following is staff's memorandum on this item: "Executive Summary The Resolutiori's_purpose is to formally recognize Fort Collins as a place where urban wildTife is considered important to quality of life and as a municipality which seeks to protect urban wildlife habitat through the development review process and through the Fort Collins Backyard Wildlife Habitat Program. The resolution is part of the process of seeking sanctuary certification through the National Institute For Urban Wildlife. It creates no new .eolicies or ernrPccAc huf M91-hAM 77., _ _. ___ •L- Background Quality of life is a unique factor making Fort Collins a very desirable ' place to live. The various species of wildlife living in and migrating -55- July 7, 1987 through Fort Collins, and their habitat, are an integral part of that quality of life. This is recognized by the Fort Collins Land Use Policies Plan inclusion of wildlife habitat among the valuable lands to be protected, and by the City's Natural Resources Division's development of a wetlands/uplands (wildlife habitat) protection ordinance. Further recognition of the value of urban wildlife habitat to the citizens of Fort Collins is that over 250 residents have expressed interest in the Fort Collins Backyard Wildlife Habitat Program. To properly recognize the residents of Fort Collins for their appreciation of the value of urban wildlife and their efforts to provide for the needs of urban wildlife, the Natural Resources Division of the City of Fort Collins is seeking certification, through the National Institute for Urban Wildlife, of Fort Collins as an urban wildlife sanctuary. In addition to requiring information about the habitat available for urban wildlife in Fort Collins, the Institute requires formal recognition, by the governing body, of the protection of urban wildlife. The City of Fort Collins will benefit in two major ways: (1) Fort Collins will be included in a nationally distributed publication identifying municipalities and institutions which support and encourage wildlife protection. This publication will be available to businesses and individuals investigating areas to which they might want to relocate. (2) Fort Collins' own program for certification of individual habitat sites would gain an important aspect of credibility, with nationwide recognition of Fort Collins, as a whole, as a certified urban wildlife habitat. This resolution is based on programs and policies already in place and those in the planning stages. No new programs or policies are being proposed. This Resolution has no direct financial impact." Councilmember Horak made a motion, seconded by Councilmember Stoner, to adopt Resoluti4n=87-92. Councilmember Mabry stated he supported the Resolution as it relates to supporting existing policies and programs. He expressed concern about the language "supporting existing and planned policies and programs". He stated he could not give support to planned policies and programs because he did not know what those were. He offered an amendment to the motion that would amend Section 3 of Resolution 87-92 to strike the words "and planned" after the word "existing". Councilmembers Horak and Stoner accepted Councilmember Mabry's amendment as a friendly amendment to their original motion. -56- July 7, 1987 The vote on Councilmember Horak's motion to adopt Resolution 87-92 as amended was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 95, 1987, Authorizing the Issuance of City of Fort Collins Downtown Development Authority Tax Increment Revenue Refunding and Improvement Bonds, Tabled on — Second Reading until July 21 1987 Following is staff's memorandum on this item: "This ordinance, which was adopted 5-1 on First Reading on June 2, implements the refunding of DDA Tax Increment Bonds originally issued in 1984, and refunded in 1985. It also includes additional bonds in the amount of $3.3 million to be used by the DDA to promote future projects. Bonds will be issued when market conditions are such that a savings of $250,000 will be effected. This ordinance will be tabled until July 21 or until the sale of the bonds has been completed by Boettcher and Company. At that time, the amount of the issue and interest rate will be final and will be.inserted in the bond ordinance. It is anticipated that the ordinance will be ready for second reading within the next month." Councilmember Mabry stated he would withdraw from consideration and vote on this item due to a perceived conflict of interest. Councilmember Winokur made a motion, seconded by Councilmember Maxey, to table Ordinance No. 95, 1987 to July 21. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Maxey, Stoner, and Winokur. Nays: None. (Councilmember Mabry withdrawn) THE MOTION CARRIED. Resolution 87-94 Making Appointments to the Cultural Resources Board and the Water Board, Tabled Until July 21 Following is staff's memorandum on this item: "A vacancy currently exists on the Cultural Resources Board due to the resignation of Judith Grillo. A vacancy also exists on the Water Board due to the resignation of Stanley, Ponce. The Council liaisons have reviewed the applications on file and will announce their recommendations at the July 7 meeting. -57- July 7, 1987 In keeping with Council's policy, this Resolution will be tabled until July 21 to allow for public input." Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner, to adopt Resolution 87-94 inserting the names of William Kneeland (Cultural Resources Board) and Josephine Boyd (Water Board). Councilmember Stoner made a motion, seconded by Councilmember Horak, to table Resolution 87-94 to July 21. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 87-95 Making Appointments to the Building Review Board, Tabled Until July 21 Following is staff's memorandum on this item: "City Council has dissolved the Building Board of Appeals and the Building Contractor Licensing Board. The new board will consist of seven members and two alternates. Some of the existing members will remain on the newly = created board. The alternates will be scheduled for recommendations on July 21, allowing Council time to interview the pool of applicants. In keeping with Council's policy, recommendations for the seven regular members will be announced at the July 7 meeting and tabled until July 21 to allow time for public input." Councilmember Mabry made a motion, seconded by Councilmember Maxey, to adopt Resolution 87-95 inserting the following names: William McCaffrey Larry Trampe Raju Jairam Chris Allison Richard Conard Ronald Baker Denn3 s= Si nnett July 1, 1988 July 1, 1988 July 1, 1989 July 1, 1989 _July, 1, 1990 July 1, 1900 July 1, 1991 Councilmember Kirkpatrick made a motion, seconded by Councilmember Maxey, to table Resolution 87-95 to July 21. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. M I July 7, 1987 1 Resolution 87-96 Assigning a Councilmember as Liaison Representative to the Building Review Boards Adopted Following is staff's memorandum on this item: "City Council has adopted an ordinance creating a new Building Review Board and needs to appoint a liaison representative to the board. This appointment will remain until such time as the Council makes a new assignment." Councilmember Winokur made a motion, seconded by Councilmember Stoner, to adopt Resolution 87-96. Councilmember Maxey nominated Councilmember Mabry to serve as the liaison representative to the Building Review Board. The vote on Councilmember Winokur's motion to adopt Resolution 87-96 inserting the name of Councilmember Mabry was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Maxey, Stoner, and Winokur. Nays: Councilmember Mabry. THE MOTION CARRIED. ' Motion to Accept the Comprehensive Annual Financial Report for the City of Fort Collins for the Year Ended December 31 1986 Report Accepted Following is staff's memorandum on this item: "In accordance with the City Charter, the City's auditors Peat Marwick Main 3 Co. have completed their audit of the funds and account groups of the City for the year ended December 31, 1986. In connection with the audit, the Accounting Division of the Finance Department has prepared the City's 1986 Comprehensive Annual Financial Report which reflects the financial position and rdsui,ts of operations of the City's funds. The City received an "unqualified opinion" from the auditors on its 1986 financial statements. This signifies that the financial statements present fairly the financial position and results of operations of the City's funds and account groups in accordance with generally accepted accounting principles." Finance Director Alan Krcmarik introduced Controller Dave Agee and Tom Norris and Jeff Walla from Peat Marwick Main and Company. Controller Dave Agee summarized the contents of the Comprehensive Annual Financial Report and the requirements for 'the annual audit. -59- July 7, 1987 Tom Norris, a partner with Peat Marwick, spoke about the audit opinion and ' the process used in completing the audit. Dave Agee and Mr. Norris responded to questions from Council. Councilmember Kirkpatrick thanked staff and the audit firm for their work on the Comprehensive Annual Financial Report. Councilmember Stoner made a motion, seconded by Councilmember Mabry, to accept the 1986 Comprehensive Annual Financial Report. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Citizen Participation A. Proclamation Naming the month of July as National Recreation and Parks Month was accepted by Karen Schubert, vice-president of the Parks and Recreation Board. B. Proclamation Naming July 18 as the Human Race Day was accepted by Chip Grant. C. Presentation of Plaques to retiring Boards and Commissions members with ' at least 8 years of service. Mayor Estrada presented plaques to the following persons in recognition of eight or more years of service to the City's boards and commissions: Jeannie Aronson, Personnel Board Barbara Cain, Cultural Resources Board Mike Griffith, Cultural Resources Board Don Botteron, Retirement Committee Staff Reports City Manager Burkett thanked Jody McAfee, Assistant to the City Manager, and many other staff members for their planning and implementation of the Fourth of July celebration in City Park. Councilmember Reports Councilmember Horak spoke of the item adopted on Consent dealing with rental rates at EPIC. He pointed out that only a small percentage of the rates for ice rental were changed. Councilmember Maxey stated the 208 Water Quality Program has.been finalized ' by the Study Committee and that the final draft of the bylaws has:been sent July 7, 1987 ' to all municipalities and other governmental agencies involved for their approval. Councilmember Stoner reported on a seniors dance he attended. Councilmember Mabry reported on the appointment of the new PRPA General Manager, Thaine Michie. Mayor Estrada reported on the Grand Opening of the Convention and Visitors Bureau. He also thanked members of staff for their work on the Fourth of July celebration. Items Related to the City's Fiscal Year 1987-88 Community Develooment Block Grant Program Following is staff's memorandum on this item: "Executive Summary A. Public Hearing and Resolution 87-97 Adopting Fiscal Year 1987-88 Community Development Block Grant Programs and Projects. B. Second Reading of Ordinance No. 94, 1987, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects ' in the Community Development Block Fund. On June 2, Council adopted by a vote of 6-0 Resolution 87-82, as amended, which established the individual programs and projects to be funded with Community Development Block Grant funds from the Department of Housing and Urban Development for the FY 1987-88 Program year which begins on October 1, 1987. At the June 2 meeting, Council directed the CDBG Citizens Steering Committee to provide a recommendation on the allocation of 15% of $50,000 (or $7,500) of anticipated program income to a project(s) in the Public Services category. A new Resolution repealing and replacing Resolution 87-82 is proposed for adoption which includes Council's previous actions and the Committee's recommendation for expenditure of the anticipated pr9gram income. . On June 2, Council by a vote of 6-0 adopted on First Reading Ordinance 94, 1987, appropriating $685,000 from the City's FY 1986-87 Entitlement Grant, $99,614 from Reprogrammed CDBG Funds, and $50,000 of anticipated program income. Funding Recommendations: HUD CDBG regulations limit the amount of available funds which can be allocated to various generic categories. Funds for Planning and ' Administrative purposes are limited to 20% of the Entitlement Grant, and -61- July 7, 1987 funds for Public Services are limited to 15% of the Entitlement Grant. The ' Steering Committee, thus, not only had to decide which applicants presented programs and projects which best fit into the City's CDBG Program, but also had to insure funding allocations were kept within HUD regulations. The CDBG Citizens Steering Committee conducted a special meeting on June 18, at the request of the City Council, to allocate $7,500 of anticipated program income to a Public Service agency program. A separate memorandum to the Council from the Committee justifying their recommendation for funding CHOICE is attached. Members of the Committee will also attend the July 7 Council meeting to address any questions about the recommendation. The attached Resolution includes Council's previous actions and the Committee's recommendation for $7,500 to CHOICE for the Shared Housing program." Councilmember Stoner stated he and Mayor Estrada had been approached by Councilmember Winokur about his possible conflict of interest. He stated because the Interfaith Council had withdrawn their application for funds Councilmember Winokur felt his conflict of interest had been dissolved. Councilmember Maxey made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 87-97. Bobbie Guye and Lou Stitzel, members of the CDBG Steering Committee, responded to questions from Council about their recommendation that $7,500 be allocated to CHOICE for the Shared Housing program. , Chief Planner Ken Waido addressed questions about land acquisition costs for a facility for the homeless. Nancy McCambridge, Director of CHOICE, stated the $7,500 would be used to fund one half-time counselor. She answered questions from Council about the services provided by CHOICE. Diane Risheill, member of the CDBG Steering Committee, spoke of how the Committee arrived at their recommendation to fund CHOICE. Margaret Rogersi;609 East Prospect Road, suggested CDBG funds be used to develop a model, cooperative mobile home park. Councilmember Winokur stated he could not deny the merits of the CHOICE program, but stated the question is what are the urgent community needs within the limited resources available. He stated he believed the needs of the homeless affect the community in many ways. He spoke in favor of the services provided by Catholic Community Services Northern and stated he would be proposing an amendment to the Resolution. Councilmember Winokur made a motion, seconded by Councilmember Stoner, to amend Resolution 87-97 to increase the amount allocated to Catholic -Community Services Northern to support the Hostel and the Hope Job Bank from $7,819 to $15,319 and to delete the allocation to CHOICE. ' -62- July 7, 1987 ' Councilmember Kirkpatrick stated she would not support the amendment. She stated it was difficult to compare people on the street versus elderly residents of the community. She stated the CHOICE program offers the kind of counselling for a sector of the population that is growing and stated she supported the recommendation of the CDBG Steering Committee. Lou Stitzel suggested a Council -formed committee could explore the use of Revenue Sharing funds to address the issue of homelessness in Fort Collins. Nancy McCambridge thanked the Committee and Council for their efforts. She recognized the difficult position caused by a shortage of funds to meet the needs of the community. Councilmember Mabry stated he found nothing unreasonable or unfair in the Steering Committee's recommendations. He stated he believe there was simply a difference in opinion about what should be funded. He stated the Committee was empowered to spend many hours reviewing applications, listening to presentations, and arriving at a decision. He stated he believed the Committee made an informed decision and he would not vote in favor the amendment. Mayor Estrada spoke of the difficulty in making decisions about the allocation of funds. He agreed with Councilmember Mabry's assessment about the difference in opinion. He stated although he believed Ms. McCambridge does a fine job with the CHOICE program, primary needs must be sorted from the life enhancement needs. He stated he hoped the Council would make homelessness a priority and that he would support the amendment because homelessness is a priority for him. The vote on Councilmember Winokur's motion to amend Resolution 87-97 was as follows: Yeas: Councilmembers Estrada, Stoner, and Winokur. Nays::`, Councilmembers Horak, Kirkpatrick, Mabry, and Maxey. THE MOTION FAILED. Councilmember Horak stated he felt both programs were a community responsibility. He stated he did not feel the CHOICE program has less chance of receYvfag community support. He stated he supported contributing to the Hostel Center, but believes it will receive more community support. Mayor Estrada stated he believed the CHOICE program was a very deserving program. He directed the CDBG Steering Committee to look strongly at the homelessness situation in next year's deliberations. The vote on Councilmember Maxey's motion to adopt Resolution 87-97 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None: THE MOTION CARRIED. -63- July 7, 1987 Councilmember Mabry made a motion, seconded by Councilmember Maxey, to ' adopt Ordinance No. 94, 1987 on Second Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Other Business Councilmember Horak noted Council would be discussing local street funding for 1986 at the July 14 worksession. He suggested this meeting be adjourned to July 14 for the purpose of adopting an emergency ordinance should the Council agree on a funding mechanism. He stated he felt it was important to start construction before CSU students return and before other schools are back in session. AdJournment Councilmember Horak made a motion, seconded by Councilmember Winokur, to adjourn the meeting to July 14 at 5:00 p.m. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. The meeting adjourned at 9:25 p. f T7EST: City Clerk m.Ma -64-