HomeMy WebLinkAboutMINUTES-07/21/1987-RegularJuly 21, 1987
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on
Tuesday, July 21, 1987, at 6:30 p.m. in the Council Chambers in the City of
Fort Collins City Hall. Roll call was answered by the following
Councilmembers: Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and
Winokur.
Staff Members Present: Burkett, Huisjen, Krajicek
Agenda Review: City Manager
Councilmember Maxey requested Item #20, Resolution 87-98 Adopting the
Articles of Association of the North Front Range Water Quality Planning
Association, be removed from the Consent Agenda.
Bruce Lockhart, 2500 East Harmony Road, requested Item #19, Resolution
87-100 Authorizing the City Manager to Enter into a Professional Services
Agreement with IMS Infrastructure Management Services for the Development
of a Pavement Management Program, be pulled 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 #24 and #32, Pulled Consent Items, except items pulled
by anyone in the audience or items that any member of the audience is
present to discuss that were pulled by staff or Council. These items will
be discussed immediately following the Consent Calendar.
4. Consider annrnval of tha min,.+s� ,.c ♦ti..
5.
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
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July 21, 1987
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7.
community service officers, to issue summonses and complaints for I
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", to meet the requirements of the
revised state law.
This Ordinance, which was unanimously adopted on First Reading on July
7, makes the revisions to the Code.
This Ordinance was unanimously adopted as revised on First Reading on
July 7. 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 sign various kinds of written
contracts.
io tnter into an Agreement for the Lease/Purchase of Vehicles and I
Eauioment.
This Ordinance, which was unanimously adopted on First Reading on July
7, authorizes a lease/purchase agreement.
The City originally solicited lease/purchase financing proposals on
March 12, 1987. The City and the low bidder, First Continental
Financial Corporation, 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%. The City's estimated
savings on the refinanced lease purchase agreements at 7% is $15,000.
The City has $461,645.82 at 8.682% and $277,558.84 at 8.22% being
refinanced,at the lower rate. The new equipment for 1987 is comprised
of patrol cars, investigation sedans, two mowers and video production
equipment in the amount of $366,658.50. Money for the 1987
lease/purchase payments was budgeted when the 1987 Budget was adopted.
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July 21, 1987
' 8. Second Reading of Ordinance No 100 1987 ADDrODriating Unanticipated
Revenue of 111,585 in the General Fund for the Purchase of a Portable
Forensic Argon Laser System
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The Eighth Judicial District Victim Assistance and Law Enforcement
Board has awarded Fort Collins Police Services $11,585 for the
acquisition of a portable forensic argon laser system. The grant
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.
This Ordinance, which was unanimously adopted on First Reading on July
7, appropriates revenue for this equipment.
This Ordinance was unanimously adopted on First Reading on July 7.
Also adopted July 7 was 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.
Since 1979 we have had problems with the streets in the Foothills Park
Resubdivision, most notably Colony and Tradition Drives. 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, including the developer deeding several lots to the City
to guarantee that the work would be done. 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.
Last month the lender, First Federal Savings Bank of Lakewood,
foreclosed on the developer and took back the unsold lots. City staff
met with the bank representatives, explained the circumstances, and
the City received the total $54,378.
10. Items Relating to the Taft Canyon First Annexation and Zoning
A. Second Reading of Ordinance No. 102, 1987, Annexing Approximately
.386 Acres, Known as the Taft Canyon First Annexation.
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July 21, 1987
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12.
13.
B. Second Reading of Ordinance No. 103, 1987, Zoning Approximately
.386 Acres, Known as the Taft Canyon First Annexation, Into the
T-Transition Zoning District.
These Ordinances, which were unanimously adopted on First Reading on
July 7, 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
Items Relating to the Taft Canyon Second Annexation and Zoning.
A. Second Reading of Ordinance No. 104, 1987, Annexing Approximately
.642 Acres, Known as the Taft Canyon Second Annexation.
Second Reading of Ordinance No. 105, 1987, Zoning Approximately
.642 Acres, Known as the Taft Canyon Second Annexation, Into the
T-Transition Zoning District.
These Ordinances, which were unanimously adopted on First Reading on
July 7, 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. Second 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. Second 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, which were unanimously adopted on First Reading on
July 7, 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.
This Ordinance, which was unanimously adopted on First Reading on July
7, rezones 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
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July 21, 1987
' 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.
14.
15.
16.
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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. This Ordinance, which was unanimously
adopted on First Reading on July 7, makes that inclusion.
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 Southridge P.U.D. has
been replatted as Fairway Five Estates P.U.D. at Southridge Greens.
The Developers are requesting vacation of easements and public
rights -of -way previously dedicated as stated in the legal description.
Re -dedication of easements and rights -of -way occurred with the
recorded new plat.
All Utilities have been contacted and have no problems with the
proposed vacation. This Ordinance, adopted unanimously on First
Reading on July 7, makes the requested vacations.
The owner of Overland Trail Farm Subdivision is requesting the
vacation of a 20 foot wide utility easement intended to be used for a
sanitary sewer. The. sanitaryi. 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.
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July 21, 1987
17.
18.
19.
All utilities have been contacted and have no problems with the
vacation. This Ordinance, unanimously adopted on First Reading on
July 7, vacates the requested easement.
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. This Ordinance, adopted unanimously on First Reading on
July 7, makes the vacation.
The purpose of the amendment is to provide a mechanism to review minor
subdivisions which are not part of the regular PUD or subdivision
process. The City currently averages two or three such applications a
month which contain no issues of substance, but absorb a considerable
amount of staff and Planning and Zoning Board time and energy. This
is an inefficient use of resources.
Instead of having an applicant run through a seven week process, the
ordinance will provide a four week in-house review. The new procedure
will help the City deliver "service" more expeditiously and
efficiently.
Applications under this procedure would be handled by existing staff.
This resolution authorizes the City Manager to enter into a
Professional Services Agreement with IMS Infrastructure Management
Systems for the services required to develop a comprehensive,
computerized Pavement Management Program (PMP) for the City. The PMP
is the cornerstone of the total street maintenance effort, providing
the information necessary to select streets for annual maintenance and
repair projects as well as identifying the level of funding necessary
to maintain the street system.
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July 21, 1987
1 20.
The Larimer-Weld Regional Council of Governments will cease to exist
as of October 1, 1987. The regional water quality planning function
of the COG, authorized under Section 208 of the Federal Clean Water
Act, would revert to the State unless another planning agency is
formed and designated by the Governor of Colorado as the planning
agency for the area. Adoption of the Resolution is the action
necessary by the City of Fort Collins to ratify the Articles of
Association of the new planning agency and establish membership in the
association for the City.
21. Resolution 87-95 Making Appointments to the Building Review Board
City Council has dissolved the Building Board of Appeals and the
Building Contractors Licensing Board and created the new Building
Review Board. The newly created board consists of seven members and
two alternates. Seven of the existing members remain on the board.
In keeping with Council's policy, the recommendations for the seven
regular appointments were announced at the July 7 meeting. The
appointments were tabled to allow time for public input.
The prospective appointees are:
' Building Review Board
William McCaffrey
July
1,
1988
Larry Trampe
July
1,
1988
Raju Jairam
July
1,
1989
Chris Allison
July
1,
1989
Richard Conard
July
1,
1990
Ronald Baker
July
1,
1990
Dennis Sinnett
July
1,
1991
22. Resolution 87-94 Makina
Annnintmantc tn
ttio
r..i
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.
In keeping with Council's policy, the recommendations for these
appointments were announced at the July 7 meeting. The appointments
were tabled to allow time'for public input.
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July 21, 1987
The prospective appointees are:
Cultural Resources Board
William Kneeland July 1, 1990
Water Board
Josephine Boyd July 1, 1990
23. Routine Easements.
a. Powerline easement located at 351 Linden Street from V & S
Partnership, a general partnership, composed of Stephen A.
Schwartz and Curtis R. Viehmeyer, needed to underground existing
overhead electric system. Consideration: $1.
b. Powerline easement from Robert S. McCormick and Evelyn M.
McCormick needed to install underground electric services, located
at 321 East Locust. Consideration: $1.
c. Powerline easement from Bartran Homes, Inc. needed to install the
underground electric system for Collindale PUD '87.
Consideration: $1.
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #5.
Item #6.
Item V.
Item #8.
Item #9.
Item #10.#A.
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July 21, 1987
' B. Second Reading of Ordinance No 103 1987 Zoning
Approximately .386 Acres Known as the Taft Canyon First
Annexation, Into the T-Transition Zoning District
Item #11. A. Second Reading of Ordinance No. 104, 1987 Annexing Approx-
imately .642 Acres Known as the Taft Canyon Second
Annexation.
B. Second Reading of Ordinance No 105 1987 Zoning Approx
imately .642 Acres, Known as the Taft Canyon Second
Annexation, Into the T-Transition Zoning District
Item #12. A. Second 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. Second 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 #13. Second Reading of Ordinance No 108 1987 Rezoning 23.37 Acres
from the T-Tr
District. ansition to the H-B Highway Business Zoning
Item #14.
' gnu uraanization of Special improvement District No 86
Item #15. Second Readina of Ordinance No 109 1987 Vacating Easements and
Public Rights -of -Way Platted with the Fairway Five at Southridge
Greens P.U.D.
Item #16.
Item #17. Second Reading of Ordinance No 111 1987 Vacating Portions of
Utility Easements in the Southmoor Village First and Third
Filings.
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #18. Hearing and First Reading of Ordinance No 113 1987 Amending
the Code Making Provision for the Expedited Review and Approval
of Minor Subdivisions.
Councilmember Kirkpatrick made a motion, seconded;by Councilmember Mabry,
to adopt and approve all items not removed from'.the Consent Calendar.
Yeas: Councilmembers Estrada, Horak, Ki',rkpatricle, Mabry, Maxey, Stoner,
and Winokur. Nays: None.
THE MOTION CARRIED.
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July 21, 1987
Resolution 87-100 Authorizing the City ,
Manager to Enter into a Professional
Services Agreement with IMS Infrastructure
Management Services for the Development
of a Pavement Management Program Adopted
Following is staff's memorandum on this item:
"Financial Imvact
The contract amount for the professional services is not to exceed
$129,000. With the Council's appropriation of General Fund Revenue
Reserves to assist in funding the proposed 1987 street maintenance effort,
sufficient funds are available in the 1987 Street Rehabilitation Program
for this project.
Executive Summary
This resolution authorizes the City Manager to enter into a Professional
Services Agreement with IMS Infrastructure Management Systems for the
services required to develop a comprehensive, computerized Pavement
Management Program (PMP) for the City. The PMP is the cornerstone of the
total street maintenance effort, providing the information necessary to
select streets for annual maintenance and repair projects as well as
identifying the level of funding necessary to maintain the street system.
Background
Council discussed the Pavement Management Program at their June 23 work
session. A detailed report on the program was prepared for the adjourned
meeting and work session on July 14. At that adjourned meeting, Council
appropriated General Fund Revenue Reserves to assist in funding the 1987
Street Maintenance Program recommended by staff. This 1987 Street
Maintenance Program included the development of the comprehensive,
computerized PMP.
The professional services required to develop and implement the PMP include
the development of an inventory of the existing street system, including a
laser road surface test survey and Dynaflect testing, the development and
packaging of software tailored to Fort Collins' specific needs, the
installation of that software,.and training of City staff in the use of the
system.
In accordance with the Capital Project Management Control System manual,
the consultant selection committee reviewed proposals, and the top five
firms were invited for interviews for further assessment of qualifications.
IMS Infrastructure Management Systems was selected by the committee as the
best qualified firm for this project. Staff has negotiated a Professional
Services Agreement with IMS to provide the desired services on a time and
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July 21, 1987
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reimbursable direct
$129,000.
cost basis
with the contract amount not to exceed
The budget for the
total Pavement Management Program is $150,000. This
budget includes, in
funds
addition to
the $129,000 for professional services,
to upgrade or
replace the
existing computer hardware in accordance
with the consultant's recommendations,
and funds to cover necessary charges
for staff time. Staff believes
the $150,000 budget is adequate for the
complete development
of the PMP.
The consultant is prepared to begin work on this project immediately. The
professional services will be completed in four months, and staff will be
fully trained on the new PMP system by the end of December 1987."
Councilmember Mabry made a motion, seconded by Councilmember Stoner, to
adopt Resolution 87-100.
Bruce Lockhart, 2500 East Harmony Road, questioned the expenditure of funds
for a Pavement Management Program due to tight funding and loss of the
Transportation Utility Fee. He suggested the funds be used for actual
maintenance of the street system.
Mayor Estrada noted an overall planning system would be developed, which
would include a computer.
City Manager Burkett stated the Council had carefully considered all of the
' issues raised by Mr. Lockhart and had decided it made sense to spend
$150,000 to develop a plan to maximize the amount of money available for
street maintenance.
Councilmember Kirkpatrick stated the Pavement Management System gives her
confidence that there will be a systematic way to address the needs of
local street maintenance.
The vote on Councilmember Mabry's motion to adopt Resolution 87-100 was as
follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey,
Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 87-98 Adopting the Articles
of Association of the North Fro
nRan
Water Ouality Planning Associationt Adoptge
ed
Following is staff's memorandum on this item:
"Financial Impact
Adoption of the Articles of Association has no fiscal impact by itself.
The City paid $49,696 in annual membership dues to the COG for 1987. That
' fee supported all programs of the COG, including the water quality planning
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July 21, 1987
program. The amount of the membership fee in the new association will '
depend on the actual total budget adopted by the association and the number
of members that join to share in support of the association. It is
estimated that the membership fee for Fort Collins in the new association
from October 1, 1987 through December 31, 1988, will be approximately
$20,000.
Executive Summary
The Larimer-Weld Regional Council of Governments will cease to exist as of
October 1, 1987. The regional water quality planning function of the COG,
authorized under Section 208 of the Federal Clean Water Act, would revert
to the State unless another planning agency is formed and designated by the
Governor of Colorado as the planning agency for the area. Adoption of the
Resolution is the action necessary by the City of Fort Collins to ratify
the Articles of Association of the new planning agency and establish
membership in the association for the City.
Background
In April of 1987, the Governing Board of the Larimer-Weld Regional Council
of Governments voted to disband the organization effective October 1, 1987.
This action was taken primarily because a number of members had decided to
withdraw from the COG leaving it without an adequate base of financial and
institutional support to continue to serve its purpose.
The County Commissioners of Larimer and Weld Counties hosted several '
meetings to discuss actions that could be taken to allow the area to
continue the regional water quality planning functions authorized under
Section 208 of the Federal Clean Water Act and to have a new agency
designated by the Governor of Colorado as the planning agency for the area.
After the initial meetings, Loren Maxey was selected as chairperson of the
208 Water Quality Planning Organization Committee, formed to develop
Articles of Association which would form the basis of the new water quality
planning organization. Representatives of the counties, several
municipalities, and some special districts participated in the committee
activities.
The committee worked for several months to finalize Articles of Association
for the North Front Range Water Quality Planning Association. The Articles
outline the purposes of the organization, create a membership structure,
and serve as the bylaws. The Articles reflect elements of the bylaws of
the Governing Board of the LWRCOG and the existing COG 208 Water Quality
Planning Committee. The committee has set August 1 as the goal for having
members in the Association adopt the Articles, allowing two months for the
review by the State and the Environmental Protection Agency of the
application for designation by the Governor by October 1."
Councilmember Maxey made a motion, seconded by Councilmember Stoner, to
adopt Resolution 87-98.
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July 21, 1987
' Councilmember Maxey pointed out that the creation of the Planning
Association is the one surviving item of the Council of Governments
organization that will continue. He recognized the work done by Water
Utilities Director Mike Smith and his staff in working out the organization
of the Association.
Councilmember Horak noted the Articles are not substantially different from
the previous regional planning organization.
The vote on Councilmember Maxey's motion to adopt Resolution 87-98 was a<
follows: 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 Second 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, which was
adopted by a 6-1 vote on First Reading on July 7, follows the new state
statute and is no more restrictive.
Background
On July 1, 1987, the state law 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 Stoner made
a motion;
seconded 'by ; Council member Kirkpatrick,
to adopt Ordinance No.
98,
1987 on Second
Reading.
Bruce Lockhart, 2500
East
Harmony
Road, protested exemptions to who must
abide by the law such
as
passenger
buses and school buses. He objected to
a mandatory seat belt
law.
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July 21, 1987
Police Chief Bruce Glasscock stated there is concern that seat belts in '
buses may create a greater hazard. He noted the Ordinance under
consideration is the same as the state statute.
Councilmember Winokur stated he had carefully considered the comments made
by other Councilmembers at the last Council meeting on this item, and would
be voting in favor of the Ordinance on Second Reading.
Councilmember Horak encouraged Mr. Lockhart to write his state legislators
about a seat belt law of public vehicles.
The vote on Councilmember Stoner's motion to adopt Ordinance No. 98, 1987
on Second Reading 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
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 withdrew from discussion and vote on this item due to a
perceived conflict of interest.
City Manager Burkett indicated that the bonds have not been sold and it is
not anticipated they will be sold within the next month.
City Attorney Huisjen stated he had drafted language that will table the
Ordinance- indefinitely until the bonds have been priced and the matter is
ready to come back for consideration.
Mayor Estrada read the language as follows: "Staff recommends tabling of
this Ordinance on Second Reading indefinitely or to the next Council
meeting after date when the bonds are priced and presold." '
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July 21, 1987
' Councilmember Maxey made a motion, seconded by Councilmember Horak, to
table Ordinance No. 95, 1987 on Second Reading indefinitely or to the next
Council meeting after date when the bonds are priced and presold. Yeas:
Councilmembers Estrada, Horak, Kirkpatrick, Maxey, Stoner, and Winokur.
Nays: None. (Councilmember Mabry withdrawn)
THE MOTION CARRIED.
Resolution 87-99 Appointing Alternates
to the Building Review Board and the
Water Board. Tabled as Amended to August 4
Following is staff's memorandum on this item:
"Two alternate vacancies exist on the Building Review Board. The Council
liaison has interviewed the applicants and will announce the
recommendations at the July 21 meeting.
An alternate position currently exists on the Water Board. The Council
liaison has reviewed the applications on file and will announce the
recommendation at the July 21 meeting.
In keeping with Council's policy, recommendations for these vacancies will
be tabled until August 4 to allow time for public input."
Councilmember Horak requested additional time to talk with the Water Board
prior to making a recommendation for appointment of the alternate.
Councilmember Mabry made a motion, seconded by Councilmember Maxey, to
adopt Resolution 87-99 inserting the names of Harry Cornell and Doug
Johnson as alternates on the Building Review Board and deleting the Water
Board appointment.
Councilmember Maxey made a motion, seconded by Councilmember Kirkpatrick,
to table Resolution 87-99 as amended to August 4. Yeas: Councilmembers
Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays:
None.
THE MOTION CARRIED.
Items Relating to the Creation of Oak
Ridge Special improvement District No 91
Following is staff's memorandum on this item:
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July 21, 1987
"Financial Impact '
There will be Street Oversizing participation on two collector streets,
Keenland Drive and McMurray Avenue, and for oversizing the sidewalk along
Lemay Avenue. These costs are estimated as follows:
Keenland Drive f 51,736.14
McMurray Avenue 101,272.58
Total Street Oversizing $153,008.72
The Water Department will participate in a portion of water main oversizing
for the 16" diameter main under Keenland Drive, estimated cost $15,503.85.
The utility has been contacted and indicates no problem with this cost.
Executive Summary
A. Resolution 87-101 Accepting the Petitions and Declaring a Need For the
Improvements and Directing the Director of Public Works to have
Prepared Plans, Estimated Costs, and a Map of the Proposed District.
B. Resolution 87-102 Accepting the Report of Costs, Method of Assessment,
and Plans for Oak Ridge Special Improvement District No. 91.
C. Hearing and First Reading of Ordinance No. 114, 1987, Relating to the
Creation and Organization of Special Improvement District No. 91.
These items will create the Oak Ridge Special Improvement District No. 91. '
The purpose of this SID is to complete the infrastructure improvements in
the east half of the Oak Ridge Business Park.
Background
The district property is the east half of the Oak Ridge development. The
first portion (west half) of this development was constructed with SID #78
and included the improvements to Harmony Road and Lemay Avenue for the
entire development, including the portion now being petitioned as SID #91.
This area has been master planned since 1982 and was scheduled for a SID in
1988. Because of favorable economic conditions, three residential portions
of Oak Ridge are being developed, and three office/warehouse/light
manufacturing parcels are being developed.
The district includes three (3) Planned Unit Developments approved by the
Planning and Zoning Board in 1985 and 1986. The proposed district contains
improvements within and adjacent to these approved P.U.D.'s.
The approved'P.U.D.'s are:
Oak Ridge Business Park 7th Filing - 30,000 square feet of office,
warehouse, and light manufacturing
uses on 2.4416 acres
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' Oak Ridge Business Park 8th Filing - 8,500 square foot office building on
.72 acres
Oak Ridge Business Park 9th Filing - 9,900 square feet of warehouse on .85
acre, zoned IP, Industrial Park
In addition, the Oak Ridge Business Park 5th Filing (73,200 square feet of
mixed use industrial/business park on 5.21 acres) has received Preliminary
approval from the Planning and Zoning Board.
This district proposes to complete the improvements for these approved
PUD's and future filings of PUD's within this development. These
improvements include curb, gutter, sidewalk, asphalt pavement, gravel base,
earthwork grading, water mains, sewer mains, storm sewer lines, detention
ponds, and a storm drainage bore under the Union Pacific Railroad.
SUMMARY OF COSTS
Because of the delay of the Prospect/Fairbrooke SID #89, funds are
currently available for the Street Oversizing portion of the project.
Estimated construction and engineering costs: $3,309,672.68.
Costs that will not be absorbed by the district are as follows:
City Water Costs f 15,503.85
' City Oversizing Costs 153,008.72
Total City participation $168,512.57
Total costs assessed against property
in this district: $3,141,160.11
STAFF RECOMMENDATION
The improvements proposed will complete the development of the Oak Ridge
project. The street oversizing funds are available and the amount of City
participation is minimal compared to the size of the improvements.
The district meets all policies and criteria to establish a S.I.D.
The cost of the district is supported by the appraised value of the land,
including the prior encumbrances and assessments. The SID assessment
becomes a lien against the property in a first position, i.e. the
assessment takes precedence over any existing mortgage or encumbrances on
the land. This minimizes the City's exposure and assures the payoff of any
bonds issued.
The improvements have been approved by theIPlanning and Zoning Board and
street oversizing funds are obligated by the development agreements, if
budgeted and appropriated. This project will consolidate the construction
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July 21, 1987
of the required improvements into one contract producing better constructed I
streets at a lower unit price.
Staff recommends approval, conditioned on the property owners' agreement to
pay additional administration fees, if the administration fees are revised
by Council prior to the issuance of bonds for this district."
Civil Engineer Matt Baker reviewed the District and associated costs.
City Manager Burkett stated staff had been reviewing the procedures for
special improvement districts. He stated as a result of that review, and
discussion among staff, bond counsel and others, some issues had been
identified. He stated the first is the need for more clear criteria as to
the public benefit for special improvement districts; the second issue is
the issue of fees. He stated staff has come to the conclusion that the
City does incur costs that have not been recovered in the past. He
recommended approval of the Oak Ridge SID only if it is contingent upon the
payment of fees that are in effect at the time the bonds are sold.
Councilmember Mabry made a motion, seconded by Councilmember Stoner, to
adopt Resolution 87-101.
Staff members answered questions from Council about the proposed
improvement district, the issue of fees, and the City's obligation.
Bob Zakely, representing Everitt Companies, stated SID #78 was an agreement '
entered into in late 1981, consisting of two phases. He stated during the
negotiations for SID #78 the City requested the participants construct
Harmony Road from the railroad tracks to Boardwalk. He stated the
participants agreed to do that, and assumed the City's oversizing portion
in the amount of approximately $615,000. He stated the Oak Ridge SID is
basically a continuation of SID #78. He indicated Everitt Companies found
out a week ago that City staff had decided to reexamine the fee issue and
perhaps impose those fees on this district. He stated they disagree with
that point because of the basic equity issue, because it is unreasonable to
be asked to agree to something that is not defined at this time, and
because the fee structure was just raised within the last few months during
the.CAT SID process.
Lucia Liley, attorney with March, Myatt, Korb, Carroll and Brandes,
addressed some of the questions that had come up earlier in the discussion.
She clarified the City's debt obligation on the bonds. She spoke of the
discussions during the SID #78 process and the contemplation of the Oak
Ridge SID. She stated that the fee of $21,000 for SID #91 was calculated
on existing City policy and that to come back now and increase the fee is
clearly a change in policy. She stated staff accepted this project and it
met all of the City requirements at the time. She objected to changing the
rules at this time.
Bruce Lockhart, 2500 East Harmony Road, questioned if there .was a
possibility the taxpayers may be asked to make up the E3 million in case I
the developer defaults.
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July 21, 1987
In response to a question from Council, Ms. Liley stated it was not their
intent to make a legal argument during the discussion at this meeting. She
emphasized the issue of basic fairness and equity.
Councilmember Kirkpatrick stated she did not feel comfortable developing a
new policy at a future worksession that will affect this particular SID.
She stated she would not support the staff recommendation and felt more
comfortable approving this SID with the administrative fee that is
currently in place. She stated she felt it was important that the City
have the ability to address the issue of refinance and reallocation of
assessment costs in the master agreement.
The vote on Councilmember Mabry's motion to adopt Resolution 87-101 was as
follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey,
Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Mabry made a motion, seconded by Councilmember Stoner, to
adopt Resolution 87-102. Yeas: Councilmembers Estrada, Horak,
Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Kirkpatrick made a motion, seconded by Councilmember Maxey,
' to adopt Ordinance No. 114, 1987 on First Reading.
Councilmember Mabry stated the suggestion to change the rules midstream was
unacceptable to him. He stated he felt the City was obligated to carry out
the intent, purpose, and text of the current procedures. He stated he
would not support any amendment to the ordinance that would change the
procedures and costs as they are now established.
Councilmember Stoner stated he felt Councilmember Mabry's points were very
valid, but pointed out everyone believes that we should be paying as we go.
He stated he did not believe an application fee was a contract. He stated
he felt the City had an obligation to the taxpayers to recover its costs,
but he did not like the idea of changing the rules midstream. He stated he
was interested in having the cost yet to be determined, but setting a "not
to exceed" limit.
Councilmember Horak stated he felt this was a basic issue of fairness. He
stated he could not expect the developer to sign an agreement as proposed
by staff. He expressed concern that this issue has not come to Council in
the past three or four months. He•stated the whole idea of this SID is to
provide some public improvements in that particular area that will be
assessed to the property owners.
Mayor Estrada stated he agreed that a fee structure needs to be developed
that is fair to recover costs. He stated it was difficult to accepted
' staff's premise, because he believes the City is under obligation to uphold
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July 21, 1987
the old regulations as to when this SID started the process. He stated he I
would support passing the ordinance but would not support staff's position
at this time.
The vote on Councilmember Kirkpatrick's motion to adopt Ordinance No. 114,
1987 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak,
Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Staff Reports
City Manager Burkett reminded Council of the Values Luncheon to be held
July 23 for all City employees.
Councilmember Reports
Councilmember Winokur reported the Economic Development Subcommittee would
be meeting Friday, July 24 at 7:30 a.m. to finalize recommendations to
bring to the Council worksession regarding the economic opportunity
program.
Other Business
Councilmember Kirkpatrick stated she would be asking for input from Council I
about the direction of the Quality of Life Commission.
Executive Session Authorized
Councilmember Stoner made a motion, seconded by Councilmember Mabry, to
adjourn into Executive Session for the purpose of discussing legal matters
relating to the Public Service franchise. Yeas: Councilmembers Estrada,
Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Addournment
(Secretary's Note: Councilmembers Estrada and Kirkpatrick left prior to
the conclusion of the Executive Session.)
At the conclusion of the Executive Session, Councilmember Winokur made a
motion, seconded by Councilmember Maxey, to adjourn the meeting. Yeas:
Councilmembers Horak, Mabry, Maxey, Stoner, and Winokur. Nays: None.
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July 21, 1987
1
.,;
ATT.[ST, '
City -Clerk
The meeting adjourned at 10:00 p.m.
May
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