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HomeMy WebLinkAboutMINUTES-09/01/1987-RegularSeptember 1, 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, September 1, 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, Molly Davis A. Citizen Participation month was accepted by Judy Parks, Outreach representative for the Fort Collins Coalition for Literacy, and Barbara Schmidt, an adult literacy student. Bruce Lockhart, 2500 East Harmony Road, asked when the change in the agenda ' format for citizen participation was made. He stated he was not aware that a Resolution had been passed to change the format. Mayor Estrada stated is was Council's option to change the order of the meeting and noted discussion had taken place at a recent worksession. City Attorney Huisjen stated no Ordinance or Resolution was required to change the order of the meeting. Councilmember Horak gave a history of the order of past meetings and noted the 7:30 break originally came after the Council dinner break. He noted the new order was an attempt to make it more convenient for individuals to speak on items not on the agenda. Agenda Review:_ City Manaaer City Manager Burkett noted a minor revision had been made to Ordinance No. 127, 1987 of Item #10, Items Relating to the City Park Nine Golf Course Clubhouse Renovation and New Maintenance/Golf Car Storage Building Projects, to change "quarterly payments" to "annual payments". He stated Item #16, Resolution 87-115 Authorizing City Manager to enter into an Intergovernmental Agreement with Larimer County to Provide School Crossing Guards at Cache La Poudre and Irish Elementary Schools, is being withdrawn by staff. He noted a revised agreement had been provided for Item #28, ' Resolution 87-123 Approving the Creation of the North Front Range -118- September 1, 1987 Transportation Planning Council and Designating this Council as the Lead Agency for the Metropolitan Planning Organization and Air Quality Monitoring for the Fort Collins Urban Area. Councilmember Kirkpatrick requested Item #10, Items Relating to the City Park Nine Golf Course Clubhouse Renovation and New Maintenance/Golf Car Storage Building Projects, be removed from the Consent Agenda. Bruce Lockhart, 2500 East Harmony Road, asked that Item #6, Second Reading of Ordinance No. 121, 1987, Designating the Old Power Plant Building and the Power Plant Art Deco Fountain as Historic Landmarks, 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 #23 and #33, 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. 21 `A Consider approval of the minutes of the regular meeting of August 18 On May 27, the Cultural Resources Board (CRB) held a public hearing concerning the proposed local historic landmark designation of the Old Power Plant Building and the Art Deco Fountain at 401 North College. At that hearing, the Board passed a motion to recommend to City Council that the Power Plant (structure only) plus the Fountain (structure only) be designated as historic landmarks, pursuant to Chapter 69 of the Code of the City of Fort Collins. This Ordinance, which was adopted unanimously on First Reading on August 18, makes that designation. At the City Council worksession on July 14, 1987, the City Council met with the CHOICE Advisory Committee to discuss the future of this citizen committee. As a result of this discussion, it was concluded that the Committee had successfully accomplished its original charge and, therefore, should sunset. This Ordinance, which was unanimously adopted on First, Reading on August 18, will formally delete reference to the CHOICE Committee from the City Code. -119- September 1, 1987 ' 8. Second Reading of Ordinance No 123 1987 Appropriating Unanticipated Revenue in the Amount of $306 250 for Construction of Sanitary Waste Transfer Station. Larimer County plans to phase out the acceptance of liquid wastes at the Larimer County landfill because of potential adverse impacts to ground water underlying the facility. County and City staff have developed an approach to handling the domestic septage portion of those liquid wastes in the City's wastewater system. This effort has resulted in a proposed intergovernmental agreement and an ordinance which appropriates funding for the project in the amount of $306,250 contingent upon the City receiving that amount from the County. The Board of County Commissioners approved the agreement at its August 5 meeting. On August 18, Council adopted Resolution 87-111 approving the intergovernmental agreement and unanimously adopted this Ordinance on First Reading. a Questions have arisen during recent appeals to City Council with regard to procedure. At issue are the remedies available to Council on appeal when the board or commission may have erred in its procedure. Staff recommends that Council have the discretion to remand the matter on appeal back to the board or commission for ' rehearing if it finds that relevant evidence had been wrongfully =- excluded at the initial hearing. This Ordinance, which was unanimously adopted on First Reading on August 18, makes that - amendment. 10. A. Hearing and First Reading of Ordinance No. 127, 1987, Appropriating Proceeds and Authorizing an Agreement for Lease/Purchase of the City Park Nine Maintenance/Golf Car Storage Building. B. Hearing and First Reading of Ordinance No. 128, 1987, Authorizing the Transfer of Appropriated Amounts from the General Fund to the Golf Fund and Appropriating Prior Year Reserves in the Golf Fund for the City Park Nine Clubhouse Renovation. These ordinances will appropriate the balance of money necessary from the Golf Fund to complete the renovation of the City Park Nine Golf Course Clubhouse building and transfer money previously budgeted in the Facilities Division for this purpose, as well as authorize an agreement to acquire the new maintenance/golf car storage building through the lease/purchase process: If approved, we can start the ' renovation work the last week of, September, pending bids, and we expect completion by mid -February. -120- September 1, 1987 11. 12. The 1987 Concrete Improvement Program is the third annual program to encourage property owners to construct, repair, replace and maintain their sidewalks and curbs and gutters. This program is strictly voluntary. To encourage participation, the City splits (50/50) the cost of construction with the property owner, hires the contractor and supervises the construction. The City also pays the costs of oversizing sidewalks on major streets and the costs of constructing access ramps at intersections. The program this year includes the repair and replacement of curb and gutter which has not been offered in the past. Of approximately 1160 eligible property owners contacted about the program, 150 have expressed a desire to participate. These property owners have paid $26,025 for their share of the improvements; the City's share is $40,000, for a total of $66,025. The adopted appropriation for this year's project is $40,000, which cannot cover the cost of the program without appropriating and expending the $26,025 in revenue collected from the property owners. unanticipated Revenue for the Mason Street Reconstruction Project ' The property along Mason Street was included in the target area for the 1987 Concrete Improvements Program --the voluntary program in which property owners are encouraged to repair curb, gutter and sidewalk with the costs being split 50-50 with the City. Since the Mason Street Reconstruction project would already be in this neighborhood installing pedestrian access ramps and making minor concrete repairs, it was convenient to combine the voluntary concrete improvements program with the street reconstruction along Mason Street. Three property owners elected to improve their curb and gutter. In addition, Larimer County agreed to pay the full cost of replacing the curb and gutter adjacent to the Courthouse if the City would pay the cost of removing the existing concrete. These four properties' participation in the repair costs totalled $9,064, as shown under "Financial Impact" above. The subject ordinance appropriates these revenues into the Mason Street Reconstruction project account, the account from which the repair costs were expended. -121- September 1, 1987 13. Hearing and First Reading of Ordinance No 131 1987 Vacating a Portion of an Easement Platted with the Fort Collins Retirement Center Nazarene Church P.U.D. The developer of Fort Collins Retirement Center is requesting the vacation of a portion of a utility easement in order to build a parking structure in the parking lot. The entire parking lot is platted as a utility, drainage and public access easement, and the developer would like to provide cover for 16 parking stalls. In order to allow the developer to expedite the completion of this project, the City released a building permit with the condition that the developer completes the vacation of the easement. All Utilities have been contacted and have no problems with the vacation. 14. The developer has replatted a portion of the Second Replat of the Landinqs P.U.D. The new replat is called the Mountain Range Subdivision and was approved by the Planning and Zoning Board on June 22, 1987. This Subdivision is a 4 lot Subdivision with 3 single family lots being accessed on Breakwater Drive. The fourth lot is a ' large parcel intended to be used for a church site, which will also have access off of Breakwater Drive. Breakwater Court has not been built, and the right-of-way has been incorporated into the new lots. The subdivision plat has been recorded with the County and has all the necessary easements and rights -of -way. 15. All utilities have been contacted and have no problems with the vacations. Council approval is required for sole source purchases exceeding $20,000. Staff is requesting a sole source purchase from Insituform to reline approximately 886 lineal feet of sanitary sewer line and restoration of 34 service connections at a total cost of $70,212. The lining process utilized by Insituform continues to be a more economical and faster method of sanitary sewer line rehabilitation than the conventional excavation/replacement methods. This sole source is requested after previous attempts to bid this process resulted in one bid from Insituform Plains, Inc. and continuing research reveals other sources do not exist. -122- September 1, 1987 In 17. This fall, Larimer County will provide two adult assisted school crossings to help elementary school children walk safely to and from school. These crossings are located at Hillcrest and Vine Drive (for Irish School) and Highway 287 (for Cache La Poudre School). Larimer County has requested the City incorporate these two school crossings into our School Crossing Guard program as Larimer County does not have a program in place to supervise and train crossing guards. The cost associated with providing this service will be fully reimbursed to the City by Larimer County. 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. This property is one such county enclave. 18. Resolution 87-117 Finding Substantial Compliance and Initiating ' Annexation Proceedings for the Link-n-Greens Annexation A written petition for the annexation of approximately 36.05 acres has been submitted by Dorothy A. Whisler, for property that is within the Fort Collins Urban Growth Area and located south of Lincoln Avenue and north of Wastewater Treatment Plant #1, known as the Link-n-Greens Annexation. 19. A written petition for the annexation of approximately 165.77 acres has been submitted by William W. Reynolds, Vine Street Partnership, Boulder, CO, for property that is within the Fort Collins Urban Growth Area and located north of East Vine Drive and west of I-25, known as the Vine Business Park Annexation. This resolution accepts the annexation petition and determines that the petition is in compliance with State law. The resolution also establishes the date, time and place when a public hearing will be held regarding the passage of an annexation ordinance for the property'.. -123- September 1, 1987 20. 21. 22. In 1977 the City obtained a license from Union Pacific Railroad to construct, operate and maintain an underground electrical line in the UPRR right-of-way. This line is located south of Collindale Golf Course to Harmony Road. The original license agreement expires October 3, 1987. This Resolution authorizes the Mayor to execute an extension of the original license. The extension rider renews the original agreement for an indefinite term. Consideration is $675 annually. In 1952 the City obtained a license from Union Pacific Railroad to construct, operate and maintain an overhead electrical line in the UPRR right-of-way. This line is located in the vicinity of Willow, Jefferson and Lincoln Streets. The latest extension of the license agreement expires October 8, 1987. This Resolution authorizes the Mayor to execute an extension of the license. The extension rider renews the agreement for an indefinite term. There is no charge for the extension since the line provides service to land owned by the Union Pacific Railroad. A vacancy currently exists on the Natural Resources Advisory Board due to the resignation of Gilbert Fechner. The Council liaison has reviewed the applications on file. A vacancy also exists on the Commission on the Status of Women due to the resignation of Leslie J. Macmillan. The Council liaison has reviewed the applications on file. In keeping with Council's policy, the recommendations for these appointments were announced at the August 18 meeting. The appointments were tabled to allow time for public input. The prospective appointees are listed below: NATURAL RESOURCES ADVISORY BOARD Sheryl Barr COMMISSION ON THE STATUS OF WOMEN Carole Wallace Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. -124- September 1, 1987 Item #6. Second Reading of Ordinance No. 121, 1987 Designating the Old , Power Plant Building and the Power Plant Art Deco Fountain as Historic Landmarks. Item #7. Committee. Item #8. Second Reading of Ordinance. No 123 1987 Appropriating Unanticipated Revenue in the Amount of $306 250 for Construction of Sanitary Waste Transfer Station Item #9. Ordinances on First Reading were read by title by Molly Davis, Deputy City Clerk. Item #10. A. Hearing and First Reading of Ordinance No 127 1987 Appropriating Proceeds and Authorizing an Agreement for Lease/Purchase of the City Park Nine Maintenance/Golf Car Storage Building. B. Hearing and First Reading of Ordinance No 128 1987 Authorizing the Transfer of Appropriated Amounts from the , General Fund to the Golf Fund and Appropriating Prior Year Reserves in the Golf Fund for the City Park Nine Clubhouse Renovation. Item #11. Hearing and First Reading of Ordinance No 129 1987 Appropriating Unanticipated Revenue in the Capital Projects Fund for the 1987 Concrete Improvement Program Item #12. Hearing and First Reading of Ordinance No 130 1987 Appropriating Unanticipated Revenue for the Mason Street Reconstruction Proiect. Item #13. Hearing and First Reading of Ordinance No 131 1987 Vacating a Portion of an Easement Platted with the Fort Collins Retirement Center Nazarene Church P.U.D. Item #14. Hearing and First Reading of.- Ordinance'No 132 1987 Vacating Breakwater Court Right -of -Way and the Adjacent Utility Easements in the Second Reolat of The Landings P.U.O. Councilmember Winokur 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. , -125- September 1, 1987 ' Ordinance No. 121, 1987, Designating the Old Power Plant Building and the Power Plant Art Deco Fountain as Historic Landmarks. Adopted on Second Reading Following is staff's memorandum on this item: "Executive Summary On May 27, the Cultural Resources Board (CRB) held a public hearing concerning the proposed local historic landmark designation of the Old Power Plant Building and the Art Deco Fountain at 401 North College. At that hearing, the Board passed a motion to recommend to City Council that the Power Plant (structure only) plus the Fountain (structure only) be designated as historic landmarks, pursuant to Chapter 69 of the Code of the City of Fort Collins. This Ordinance, which was adopted unanimously on First Reading on August 18, makes that designation. Background A. Statement of Significance The Old Power Plant structure is unique to Fort Collins in that it is the only remaining "Moderne" style industrial building in town and is still one of the most prominent structures in the northern sector of the downtown area. On the grounds near the main structure is the only "Art -Deco" style fountain found in Fort Collins and one of the few items associated with the federal Works Project Administration (W.P.A.) in the city. The Old Power Plant, built in 1935, has a strong association with the Depression Era and is closely tied with the town's recovery from the Depression and with subsequent modernization which took place in the 1940's and 1950's. It is unique to find such a large facility as this outside a major metropolitan area. The construction of the Power Plant is associated with early rejuvenation efforts on the Poudre River and in the Central Business District. B. Process Pursuant to Chapter 69 of the Code, public notification and Planning Department review of the proposed designation were accomplished prior to the public hearing of the Cultural Resources Board on May 27, at which time the Board formally approved the designation of the Power Plant Building and Art Deco Fountain. C. Applicability ' This historic landmark designation building and fountain structures. -126- applies,.only to the Old Power Plant Any alteration to the exterior of September 1, 1987 these structures will Landmarks Preservation apply to the surroundin g Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 121, 1987 on Second Reading. Bruce Lockhart, 2500 East Harmony Road, stated he felt the Cultural Resources Board was not presented with all the information on the property and suggested the matter be referred back to the Board for further review. He stated he did not feel the Light & Power Utility has properly evaluated the financial impact of this designation. Mayor Estrada stated the Cultural Resources Board has reviewed the matter and a majority of the Board supports the historic designation. Councilmember Kirkpatrick stated the phenomenon of an individual architect alone does not indicate architectural significance. She stated she would support designation of the Power Plant. The vote on Councilmember Kirkpatrick's 1987 on Second Reading was as follows Horak, Kirkpatrick, Mabry, Maxey, Stoner, THE MOTION CARRIED. motion to adopt Ordinance No. 121, Yeas: Councilmembers Estrada, and Winokur. Nays: None - Items Relating to the City Park Nine Golf Course Clubhouse Renovation and New Maintenance/Golf Car Storage Building Proiects Following is staff's memorandum on this item: Financial Imoact The revised final estimated total costs for the City Park Nine Projects is $315,000. The new building will cost $140,000 and the Clubhouse renovation will cost $175,000. The Golf Fund surcharge reserve has $120,700 available for the renovation, and the Facilities Division previously budgeted $19,300 for major repairs to the building. The new maintenance/golf car storage building will be financed through the lease/purchase process, with the annual principal and interest payments budgeted in the Golf Fund surcharge reserve. In May Council previously approved $35,000 from Golf Fund surcharge reserves for the final and construction phase architectural and engineering services. This cost is -included within the $315,000 total. Executive Summary A. Hearing and First Reading of Ordinance No. 127, 1987, Appropriating Proceeds and Authorizing an Agreement for Lease/Purchase of the City Park Nine Maintenance/Golf Car Storage Building. -127- September 1, 1987 ' B. Hearing and First Reading of Ordinance No. 128, 1987, Authorizing the Transfer of Appropriated Amounts from the General Fund to the Golf Fund and Appropriating Prior Year Reserves in the Golf Fund for the City Park Nine Clubhouse Renovation. These ordinances will appropriate the balance of money necessary from the Golf Fund to complete the renovation of the City Park Nine Golf Course Clubhouse building and transfer money previously budgeted in the Facilities Division for this purpose, as well as authorize an agreement to acquire the new maintenance/golf car storage building through the lease/purchase process. If approved, we can start the renovation work the last week of September, pending bids, and we expect completion by mid -February. Background The existing City Park Nine Golf Course Clubhouse building and attached maintenance/storage area were constructed circa 1940. In July 1985, the City Building Inspection office notified the Parks and Recreation Department about the deteriorating and minimally safe structural conditions of the buildings, especially the maintenance and storage area. After thoroughly reviewing the various options, the Golf Board and staff recommended the renovation of the existing 3,200 square foot clubhouse building, demolition of the attached storage area, and the construction of a new maintenance and golf car storage building adjacent to the clubhouse. Total costs including final and construction phase architectural and engineering services for these projects is estimated at $315,000. Council, on May 5, previously authorized $35,000 in funding and approval of the architectural and engineering consultant (A11er-Lingle) and their services. The Board and staff chose renovation of the clubhouse rather than - constructing a new building for several reasons. The original consultant (Glaser Associates) estimated a cost of over $200,000 to build a new clubhouse building of approximately the same square footage as the existing clubhouse, not including the demolition costs involved. We agreed that renovating the structure is more desirable aesthetically and historically. The building has been there a long time and golfers are comfortable with it. The "homey" wooden building has an atmosphere and style. Also, we felt that if we pursued construction of a new building, it would end up larger in square footage to conform to modern building codes and standards and we would probably end up increasing the size, thus increasing the estimated $200,000 costs. Since our funding is limited, we chose renovation over new construction. In addition, we are requesting $140,000 in lease/purchase funds for the City Park Nine Maintenance/Golf Car Storage Building project. As a part of the clubhouse renovation, the existing,'golf car and equipment storage area will be demolished and a new pre-fabricated.:steel storage maintenance building (40' x 80') will be built to accommodate all of the City -owned golf cars, maintenance equipment, and field maintenance staff of City Park ' Nine. The new building will be located approximately 30 feet north of the -128- September 1, 1987 renovated clubhouse building and will be designed to match the clubhouse as closely as possible. Protect Cost Increases In May, we told Council that the original staff and consultant estimates for the entire City Park Nine Golf Course Clubhouse renovation and new maintenance/golf 'car storage building projects was $290,000. This was broken down as $125,000 for the new building and $165,000 for the clubhouse renovation. The $125,000 estimate was provided to us by the Facilities Division several years ago and was based totally on the size of the metal building (40' x 80') and did not include elements specific to our needs or conditions. The $165,000 was the previous consultant's estimate and since that time there have been several changes. The revised total estimated costs for the projects is now $315,000, which is an increase of $25,000. The new building will now cost us $140,000 and the renovation will cost $175,000. Elements of the maintenance/storage building and site, not included in the original $125,000 budget: 1. All site improvements: grading, asphalt paving, concrete aprons, sidewalks. 2. New electrical service and transformer required for new building. 3. New water service required for new building. 4. Fire access road required by Poudre Fire Authority for new building. 5. Electrical service underground; removal of aerial lines and poles. 6. Telephone service extension to new building. 7. Gas service extension to new building and larger meter. 8. Temporary telephone service for registration to new building. 9. Platforms required for office and restrooms. Elements of Clubhouse Renovation Not Included in the Original $165,000 Budget: I. Additional requirements by Larimer County Health for concessions (beyond those in preliminary phase): Vegetable preparation sink; w/commercial garbage disposal, hand sink, floor drain at soda dispenser, new water heater. 2. Electric water cooler. -129- September 1, 1987 ' 3. Additional electrical improvements. 4. Two air conditioning units required instead of one as previously thought. 5. Security/lighting system and safe. The Golf Board, at their meeting of August 19, 1987, voted unanimously to approve the increase in costs of the projects and recommended approval by City Council. The Golf Board had previously approved the projects unanimously at their meeting of May 27, 1986." Councilmember Maxey made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 127, 1987 as amended on First Reading. Councilmember Kirkpatrick noted this project has come in over budget and stated she was sure the Golf Board has monitored the project throughout and that all of the improvements that necessitated the increase in the expenditure of funds were necessary. She stated she was uncomfortable with having, to allocate additional funding over budget. She stated she would prefer a high budget estimate rather than not budgeting enough. Councilmember Horak agreed with Councilmember Kirkpatrick, but noted the Golf Fund is in good shape and pays 100% for itself. I Mayor Estrada stated he would not approve of overestimating project budgets in order to come in under budget. The vote on Councilmember Maxey's motion to adopt Ordinance No. 127, 1987 as amended on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Maxey made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 128, 1987 on First Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Reports Councilmember Horak stated he had received in inquiry from the Wellington Mayor concerning E911. He stated he feltthe issue -should be dealt with and asked if there was Council support to place an ordinance forming a committee to investigate the cost on a future agenda.. -130- September 1, 1987 City Manager Burkett stated the issue was not a high priority for Fort Collins as it has been in other communities because it does not affect Fort Collins' ability to provide to the community. Councilmember Horak stated he would like the item to receive some focus and come to Council in agenda form so it can be dealt with. Mayor Estrada stated he also supported a closure on the issue. The consensus of Council was to direct staff to draft an agenda item for Council consideration in the near future. Councilmember Maxey stated the State accepted the North Front Range Water Quality Association as the successor to the COG 208 Committee. He stated the Front Range communities would realize a considerable savings. He stated Council will need to make a decision in the near future about representation on the new Association. Councilmember Kirkpatrick noted the structure has already been built on the easement and stated she felt the situation should have been stated as it really is, not how it might have been if all of the processes had been carried out before the building was actually built. She brought up the issue of leaking underground storage tanks and stated the issue needs to be addressed locally and at the state level. Councilmember Horak stated on Friday he would be attending a meeting of the CML Environmental Quality Committee where they would be discussing the underground storage tank issue. He noted legislation is scheduled to be introduced during the next legislative session on the issue. Councilmember Stoner noted he received a receipt for $334,402.37 in lottery proceeds for the City which he presented to the Mayor. Councilmember Winokur stated the issue of open burning was raised at the last Poudre Fire Authority Board meeting. He stated the Chiefs were taking an active role to work with other entities to propose some additional restrictions on open burning. Councilmember Horak stated he would like to see documentation of the Poudre Fire Authority's use of funding. Resolution 87-119 Making Appointments to the Commission on Disability, Tabled to September 15 Following is staff's memorandum on this item: "Three vacancies currently exist on the Commission on Disability. The Council liaison has reviewed the applications on file and conducted interviews. -131- September 1, 1987 ' In keeping with Council's policy, these recommendations will be tabled until September 15 to allow time for public input." Councilmember Maxey made a motion, seconded by Councilmember Mabry, to adopt Resolution 87-119 with the following names inserted: Helen Barr (term to expire 1988), Heather Heafer (term to expire 1989), and Shirley Reichenbach (term to expire 1989). Councilmember Mabry made a motion, seconded by Councilmember Stoner, to table Resolution 87-119 to September 15. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 87-122 Appointing a Boards and Commissions Review Subcommittee Adopted Following is staff's memorandum on this item: "Executive Fummary Council will appoint a subcommittee to begin the process of reviewing and evaluating the City's 28 boards and commissions. The purpose of this review and evaluation is to improve communication and enhance the effectiveness of each board or commission. Background One of Council's stated goals for 1987-88 is "Improve effectiveness of citizen communication/involvement". Implementation of that goal will involve review and evaluation of the City's 28 boards and commissions with an eye towards improving communication and enhancing the effectiveness of each board or commission. Since Council created the various boards and commissions, staff recommends a Council subcommittee be appointed to evaluate and review them and then make recommendations to the entire Council. The subcommittee approach would provide complete and thorough review and ample opportunity for input from the boards or commissions and staff involved. Once the subcommittee is appointed, the review process will be determined and evaluation criteria will be, developed. The review process will be completed by the targeted date of December 31. This will allow time for Council review of the subcommittee recommendations in January. Council consideration of ordinances/resolutions making adjustments in board roles, purpose, or structure would be scheduled in February so that all legislation would be effective by the time the 1988-89 application/ appointment process begins in March." -132- September 1, 1987 Councilmember Stoner made a motion, adopt Resolution 87-122 inserting the and Susan Kirkpatrick. seconded by Councilmember Maxey, tc names of Chuck Mabry, Bob Winokur, Councilmember Horak stated he hoped the Subcommittee would not limit their review to consolidation or redirection. He stated new boards and commissions may need to be considered. The vote on Councilmember Stoner's motion to adopt Resolution 87-122 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 87-123 Approving the Creation of the North Front Range Transportation Planning Council and Designating this Council as the Lead Agency for the Metropolitan Planning Organization and Air Quality Monitoring for the Fort Collins Urban Area Adopted as Amended Following is staff's memorandum on this item: "Financial Impact Funding for the North Front Range Transportation Planning Council will come from the federal grants which are available to the cities of Fort Collins and Greeley to operate the MPO process. Administrative costs from this council will be taken from these available funds and monies not used for administration will then be available for transportation planning projects for each of the urban areas. Executive Summary With the dissolving of the Larimer/Weld Regional Council of Governments (LWRCOG), the Metropolitan Planning Organization (MPO) and Air Quality Monitoring program needs to be redesignated by the Governor to an appropriate governmental agency for the north front range area. The direction that is being proposed is to create the North Front Range Transportation Planning Council (NFRTPC) and request that the Governor designate this group as the lead agency for these programs. The NFRTPC would be made up of elected officials from the cities of Fort Collins and Greeley as well as other governmental entities in the north front range area who voluntarily decide to participate in this process. Background On October 1, 1987 the LWRCOG will officially cease to exist. This organization has, over the past six years, been the governmental :agency -133- September 1, 1987 which has been designated by the Governor of Colorado as being responsible for the MPO process as well as the air quality lead agency for the Fort Collins urban area. Both the MPO process and the Air Quality program need to be continued in the Fort Collins urban area. The MPO is a transportation planning process which is required by the federal government to allow for the expenditures of federal funds. These funds include Federal Aid Urban,Systems as well as UMTA operating and capital monies. In the area of air quality, again, the Fort Collins urban area is required to have an air quality program to monitor and provide a strategy to adhere to the federal Clean Air Act. To continue these two functions, a structure is being proposed to create a North Front Range Regional Association. This association would be between governmental entities in the Fort Collins and Greeley urbanized areas. The Study Area is the same as the existing MPO Study Area. The association of these governments would be in the form of the NFRTPC. The cities of Fort Collins and Greeley, as well as any other governmental entity which would like to participate would be represented by an elected official. In addition, the Highway Commissioner from the Larimer/Weld Highway District would be a non -voting member. This policy council would then act as the lead agency for both the MPO process and the Air Quality program. To facilitate the different needs of the Fort Collins and Greeley areas, separate technical advisory committees would be developed for each of the urban areas. These technical advisory committees would then be structured to meet the differing needs of the urban area. In the case of Fort ' Collins, special technical advisory committees are proposed to better focus on air quality as well as transit issues. As in the case of the previous MPO process, these technical advisory committees would develop work plans, recommendations that the North Front Range Policy Council would approve and adopt. After the establishment of the proposed NFRTPC, memorandums of agreement designating this Council as the lead agency for the MPO and Air Quality programs would be sent to the Governor's office. The State and NFRTPC would then enter into an agreement to operate these programs as mandated by the State and the Federal government. It is anticipated this review and approval by the Governor's office will take approximately six weeks. At this time approval from other governmental entities, in the case of Fort Collins' urban area, Larimer County or Loveland, has not been accomplished. These entities are reviewing the Articles of Association and will decide on the appropriateness of being involved in this council. Although it is not mandatory for Larimer County or Loveland to participate with Fort Collins, it is felt that their participation would provide for a better MPO and air quality process." Councilmember Winokur made a motion; seconded by Councilmember Stoner, to adopt Resolution 87-123. Deputy City Manager Skip Noe stated this is the final action in the ' transition from the dissolution of the Larimer-Weld COG. He stated the new organization will continue to be a joint operation with the City of Greeley -134- September 1, 1987 and other communities in our planning area who are interested in ' participating. He noted Greeley is presenting the same plan to their Council. Traffic Engineer Rick Ensdorff summarized the specifics of the organization and structure as it's proposed. He noted the Fort Collins Director of Development Services will serve as the Executive Director of the Council and Fort Collins will provide the main administrative and clerical support for the Council. He spoke of the funding sources for this agency. He responded to questions from Council. Councilmember Horak expressed concern that adequate attention would not be given to air quality because the Director of Development Services is staffing the Council while the Natural Resources Department and the Natural Resources Board are the entities concerned with air quality. Councilmember Kirkpatrick stated she was concerned that there was not enough focus on regional air quality. She suggested tabling this item to investigate other ways to do this while providing more emphasis on air quality. Deputy City Manager Skip Noe stated there are some time concerns and stated a lapse between the end of the COG on October 1 and the establishment of the North Front Range Transportation Planning Council is not desirable. He noted the air quality issue is one of transportation -related air quality and that the Natural Resources Advisory Board would continue to deal with ' non -transportation related air quality issues. Councilmember Stoner stated he felt the content of the new draft is basically the same as the first draft. He stated most of the air quality degradation is carbon -monoxide related and that transportation is a very big concern relating to air quality. He questioned the suggestion to table this item. Councilmember Kirkpatrick stated she was responding to concerns expressed by the Natural Resources Advisory Board about the Planning Council's ability to put air quality issues at the top of the priority list. Councilmember Horak proposed a new Section 5 be added indicating that at a later date the City may be interested in designating another entity for air quality planning. Councilmember Horak made a motion to add a Section 5 as follows: Section 5. That the City of Fort Collins shall continue to consider other options available to it for air quality planning. Councilmembers Winokur and Stoner accepted the amendment as a friendly amendment to their original motion. -135- September 1, 1987 The vote on Councilmember Winokur's motion to adopt Resolution 87-123 as amended was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Items Relating to the East Vine 8th Annexation and Zoning Following is staff's memorandum on this item: "Executive Summary A. Hearing and First Reading of Ordinance No. 125, 1987, Annexing Approximately 4.964 Acres Known as the East Vine 8th Annexation. B. Hearing and First Reading of Ordinance No. 126, 1987, Zoning Approximately 4.964, Acres Known as the East Vine 8th Annexation, into the R-L-P, Low Density Planned Residential, Zoning District. This is a request to annex and zone approximately 4.964 acres of property, located north of East Vine Drive 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 site is presently developed and occupied by a residential structure, Clay Products & Building Supplies, Inc., storage yards, a repair facility/warehouse, and the storage of two mobile homes. The requested zoning is the R-L-P, Low Density Planned Residential, Zoning District. APPLICANT: City of Fort Collins OWNER: Raymond A. Nauta 1200 E. Vine Drive Fort Collins, CO. Recently, the owner of the property requested the C, Commercial, Zoning District, for the property, a different zoning than that recommended by staff and the Planning and Zoning Board. Therefore, on August 18, the First Readings of these ordinances were tabled to this date by a unanimous vote. Staff has reviewed the landowner's request and has determined that the request cannot be supported by the City's Comprehensive Plan and recommends approval of the R-L-P zoning. Background The area to be annexed is a county enclave. The following annexations to the City of Fort Collins created the enclave: N: Carpenter & McAleer Annexation, December 1982 E: Carpenter & McAleer Annexation, December 1982 ' S: W: East Vine Carpenter Drive 6th & McAleer Annexation, Annexation, August 1983 December 1982 -136- September 1, 1987 This area has thus, been eligible for involuntary annexation into the city , since August 1986. The process to annex this property has been a lengthy one which started on October 1, 1986. On that date, staff sent a letter to the property owner informing him of the pending annexation, potential zoning district designation, and meeting date of review by the Planning and Zoning Board. Staff received no subsequent contact from the property owner and placed the item on the Consent Agenda of the Planning and Zoning Board meeting of November 17, 1986. After the Board had approved the item as part of the Consent Agenda, Mr. Nauta addressed the Board with several questions concerning the annexation. The Board then reconsidered the item and tabled it to allow time for staff to meet with Mr. Nauta and answer his concerns. The next evening, November 18, 1986, three Planning staff members met with Mr. and Mrs. Nauta to discuss the enclave annexation and R-L-P zoning. Mr. Nauta indicated a desire to divide his property into two parcels, one to retain as his residence and one to sell as commercial property. After discussing the differences between the requirements of dividing a property through the County's Exemption process and the City's subdivision process, staff agreed to delay the annexation process until Mr. Nauta could get the property divided by the County Exemption process, the easier of the two processes. The Nauta Exemption request was scheduled to be heard by the Larimer County Board of Commissioners on June 8, 1987. Staff scheduled the enclave , annexation to be reheard by the Planning and Zoning Board on May 18, 1987. This overlapping timing schedule would allow the County to complete the approval the Exemption request prior to annexation and zoning ordinance readings being conducted by the City Council. At the May 18, 1987, Planning and Zoning Board meeting Mr. Nauta indicated to staff that he still had a concern with the R-L-P zoning for his property. Staff agreed to meet again with the property owner to discuss the zoning. On June 30, 1987, staff sent a letter to Mr. Nauta reminding him of the City Council schedule to annex the property. Staff had a meeting scheduled with Mr. Nauta for Monday July 27, 1987, to again discuss the zoning of the property. Zoning The requested zone for this annexation is the R-L-P, Low Density Planned Residential, Zoning District. The R-L-P district designation is for areas planned as a unit to provide variation in use, density and building placement. At the present time the property is a mixture of residential, commercial, and storage uses. The property is surrounded by R-L and R-L-P zoned property. The existing uses on the property would become legal non -conforming uses in the R-L-P zone. In order for the existing uses to become legal conforming uses the property would have to be either placed into the C, Commercial, ' Zoning District, as requested by the property owner, or the present uses on -137- September 1, 1987 the property would have to be processed and approved as part of a planned unit development (PUD). If placed into the R-L-P zone, changes of use or expansion of existing uses could be accomplished several ways. Expansion of existing uses can be accomplished through the "Expansion of Nonconforming Use" process which requires review and approval by the Planning and Zoning Board. New single family residential uses are a use -by -right in the R-L-P zone and could be developed through the subdivision process. Other new uses, not allowed as uses -by -right in the R-L-P zone, could be processed and approved as part of a PUD. The C zoning district designation is for areas for commercial, storage, and service uses, many of which would be incompatible with the existing surrounding low-income residential neighborhoods of Andersonville and Alta Vista. Staff cannot support the property owner's request to place the property into the C zone because staff feels such a request cannot be supported by elements of the City's Comprehensive Plan. Both the GOALS AND OBJECTIVES and LAND USE POLICIES PLAN documents of the City's Comprehensive Plan contain statements which discourage strip commercial development along major streets in the community. The documents also contain statements designed to protect existing residential neighborhoods from potentially incompatible uses. The C zone contains no site plan review provisions for allowable uses to assure compatibility with surrounding uses, property need. only be orficial7y subdivided prior to development. Placing a PUD condition in conjunction with the C zone would add site plan review for any new, or expanding existing use, but would also create the same nonconforming status of existing uses on the property as the placement of the R-L-P zone, as discussed above. Placing the property into the C zone could also constitute a "spot zoning" which is defined as a zoning of property for the sole benefit of an owner and not for the community good as a whole. As indicated before, staff feels there is no policy support for the C zone and there are no contiguous adjacent properties in the C zone. Mr. Nauta's zoning request is similar to the zoning request made by Mr. Mark Middle, property owner of the Springfield No. 2 Annexation, which was an enclave area located east of Shields Street, south of Horsetooth Road. Mr. Middle argued that the building located on his property, presently being used as a church, was actually constructed as a commercial building and therefore the property should be placed into a commercial zoning district. Staff recommended denial of Mr. Middle's request for the same reasons staff is recommending denial of Mr. Nauta's request. The Springfield No. 2 Annexation was placed into the R-L zone. The property is situated west of the proposed Lemay Avenue realignment but will have no access to the street due to the proposed overpass across East Vine Drive. The City has approved a PUD Master Plan for the property immediately to the north indicating the adjacent area would be one of residential use. To the south, the City recently approved the Fort Collins Business Center Annexation and zoned the area west of the Lemay Avenue realignment R-L-P. -138- September 1, 1987 Placing this property into the R-L-P zone would be consistent with the ' City's Comprehensive Plan and consistent with previous City actions in the area. These actions have been designed to encourage additional residential development in the northeast in an attempt to help reinforce the existing low-income residential neighborhoods. Findings The annexation of this area as a county enclave is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. 2. The area meets all criteria included in State law to qualify for a county enclave eligible for involuntary annexation by the City of Fort Collins. 3. The R-L-P zoning district is in conformance with the City's Comprehensive Plan. STAFF RECOMMENDATION Staff recommends approval of the annexation and R-L-P zoning. PLANNING AND ZONING BOARD RECOMMENDATION ' The Planning and Zoning Board, on May 18, 1987, approved the annexation and R-L-P zoning request as part of the Board's Consent Agenda by a vote of 7-0." Councilmember Mabry made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 125, 1987 on First Reading. Chief Planner Ken Waido gave a presentation on the requested annexation. He stated that although the owner is requesting "C" Commercial zoning, staff is recommending the property be zoned "R-L-P". He noted placing R-L-P zoning on the property would make the existing commercial uses legal nonconforming uses. He stated staff finds it difficult to support "C" zoning for this property based on policies in the City's Comprehensive Plan which contains several statements against strip commercial development along major streets. He stated staff has been unable to reach agreement with the property owners on the zoning issue. He answered questions from Council about surrounding property and zoning conditions. In response to a question from Council, Ken Waido stated staff could support the "C" zone with a PUD condition. The vote on Councilmember Mabry's motion to adopt Ordinance No. 125, 1987 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. I -139- September 1, 1987 THE MOTION CARRIED. Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 126, 1987 on First Reading. Mr. Waido responded to questions about how the proposed expressway route, Fort Collins Afrpark flight patterns, and "C" zoning would impact development of the property. Judy Nauta, 1200 East Vine, stated she and her husband oppose the R-L-P zoning, noting there has been a commercial building in use there since 1966. She stated they feel their property easily falls into "C" Commercial zoning. In response to a question from Council, Mrs. Nauta stated she and her husband have no objection to "C" zoning with a PUD condition. She stated they have no plans to sell or develop the property further. Councilmember Horak made a motion, seconded by Councilmember Maxey, to amend Ordinance No. 126, 1987 to change the zoning from "R-L-P" to "C" Commercial (with PUD conditions). Councilmembers Stoner and Kirkpatrick accepted Councilmember Horak's motion as a friendly amendment to their original motion. The vote on Councilmember Stoner's motion to adopt Ordinance No. 126, 1987 ' as amended on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Items Relating to Economic Opportunities Following is staff's memorandum on this item: "Financial Impact Funds have been appropriated from the Economic Development Reserve in the General Fund. $110,000 remain available to fund the economic opportunity activities. Executive Summary A. Resolution 87-124 Authorizing the City Manager to Enter into a Contract for Services with the Fort Collins Foundation to Administer $110,O00 in the Economic Opportunities Fund. B. Resolution 87-125 Creating the Economic Opportunity Advisory Committee. The City Council adopted policies related to the economic health of the ' community in March 1987. A number of activities have since been funded in accordance with the adopted economic development strategies. The remaining -140- September 1, 1987 unfunded area of special interest is "economic opportunities", particularly ' helping local residents get and keep meaningful employment. Council is seeking broad -based community involvement to develop new approaches to help expand and share economic opportunities with a greater number of residents. The Resolutions for Council's consideration will establish a citizen advisory committee to work with the Fort Collins Foundation to administer the funds, seek and review proposals, and make recommendations for contracts for services and funding. Background The term economic development is used in a wide variety of contexts. In its report to Council the Economic Development Task Force defined economic development as the achievement of a self-supporting local economy which provides a variety of employment, education, housing, shopping, cultural and recreational opportunities for all residents of the City. The goal of economic development efforts is a healthy and diversified economic base to support and responsibly finance the infrastructure and municipal services desired and needed in the community. It must also be the foundation for developing, maintaining, and enriching the quality of life for all the City's. citizens. Frequently, the terms economic development, economic opportunities, and economic health are used interchangeably, indicating again, the breadth of concerns and interests about the local economy. Econumic opportunities includes the employment opportunities of Fort Collins residents. The ability to get and keep jobs is a key factor in more equitably sharing the benefits of a healthy local economy. ' In March, the City Council adopted the Economic Development and Opportunities Strategy, which outlined the staff work plan and activities. Funds were appropriated for both the development of the data base services and the economic opportunities activities. There remains $110,000 available to fund economic opportunities. The Council Subcommittee on Economic Development has discussed a number of options to allocate those funds to projects in the community and are recommending the following: 1. The City Manager negotiate a contract for services with the Fort Collins Foundation to administer the economic opportunities account. The Foundation would work on the City's behalf within general guidelines to achieve the economic opportunities program objectives to promote economic opportunities for the unemployed and underemployed citizens, and develop activities which can enhance the ability of citizens to get and keep meaningful employment. 2. The City would establish a temporary citizen advisory committee to work with the Foundation to seek and evaluate proposals. The committee would make recommendations to the Foundation for funding and contracts for services. The committee would be 113 representatives from the business community; 113 from community agencies and groups, including representatives from education, religion, and service providers; and 113 from unemployed and ' underemployed residents. The City would use the standard application -141- September 1, 1987 ' process, but would also reach out to seek new and creative community representatives." Councilmember Stoner made a motion, seconded by Councilmember Winokur, to adopt Resolution 87-124. Economic Development Administrator Linda Hopkins outlined the recommendation of the Economic Opportunities Subcommittee for the process for allocating the remaining economic development funds. She stated the Subcommittee and staff recommend the City enter into a contract for services with the Foundation for them to provide administrative services for this account. She stated is was also recommended Council establish a temporary advisory committee to assist the Foundation with proposal reviews and recommendations. Councilmember Stoner, as a member of the Subcommittee, answered questions from Council about the role of the Foundation and the proposed advisory committee. Diane Hogarty, Executive Director of the Fort Collins Foundation, stated holding a fund of this type and administering the fund is part of the responsibility of the Foundation. She noted the advisory committee will. work as an "arm" of the Foundation. She indicated the Foundation's fee is 20% of the interest earned on a fund. ' Thomas Ridgley, Larimer County Community Action Board, pointed out the Community Action Board has worked with the City in the past in the administration of human resources funds. He stated the Board would like to be considered as a possible vehicle for the administration of the economic" development funds. He stated it is a Board policy to encourage self-sufficiency and economic independence. He responded to questions from Council about the Community Action Board's ability to manage this fund and the makeup of the Board. Lori Wolfe, Assistant Director of the Larimer County Human Development Department, stated the Community Action Board typically manages such funds at a rate of approximately 14% of the total allocation. She spoke of other funds administered by this agency. Jim Aldrich, 116 North Overland Trail, expressed concern that the issue of the under and unemployed of the community not be lost in the competition for administration of the fund. He asked that a meaningful voice of the under and unemployed be included in the decision -making process. Doug Dixon, representing Dixon Tax and Accounting Service, suggested the Economic Opportunities Fund be used to support the economic development of small businesses by providing loans as seed money to be repaid to the fund at a later date. He stated this would help decrease the business failure rate and increase employment opportunities. ' Christina Castorina, representing PRIDE, stated she felt it was important that low-income, under and unemployed citizens be included in the -142- September 1, 1987 decision -making process. She asked Council to consider including PRIDE in the process. Bruce Lockhart, 2500 East Harmony Road, questioned whether an external agency distributing the funds could give the funds to a private charity. City Attorney Huisjen stated the City is subcontracting with the Foundation to provide a service for the City. He stated the Council may subcontract out its activities so long as it fits the general purposes and the overall requirements to provide for economic benefits to the unemployed and the underemployed. He noted the Foundation can contract with any entity capable of providing specific programs that fit the general guidelines. Councilmember Winokur stated this approach is consistent with the recommendations of the Economic Development Task Force. He stated he felt this approach could be used as a labor force enhancement to benefit business. He stated the use of the Fort Collins Foundation represents a further cooperation and involvement of the mainstream business community in Fort Collins. Councilmember Kirkpatrick expressed disappointment regarding implementation of the recommendations of the Economic Development Task Force. She stated she felt this was an unclear proposal for programs to help the unemployed and underemployed obtain and maintain jobs. She stated she would support the Resolution because she believes the Foundation has the possibility of leveraging some funds, but added she is disappointed that is the main goal of the remaining money. She also expressed dissatisfaction with Council's lack of leadership in defining the important issues beyond help for the unemployed and underemployed. Councilmember Horak stated he felt Mr. Dixon had some good ideas and would be a good applicant for the advisory committee. He emphasized that the recipient of the funds will have to meet the guidelines of the contract to provide certain services. He pointed out the City has allocated millions of dollars involving input from people in low-income neighborhoods. Councilmember Mabry stated he would prefer not to limit the benefits to the unemployed and underemployed. Councilmember Mabry made a motion, seconded by Councilmember Maxey, to amend Resolution 87-124 to strike the words "of the unemployed and underemployed" from Section 1 and Section 2 of the Resolution. Councilmember Maxey stated the main purpose is to create jobs in all areas, not specifically targeting low-income unemployed and underemployed. Councilmember Winokur spoke of the efforts of the Council in the past to create jobs for the .community. He stated the Resolution as originally worded will increase the supply of reliable labor for businesses. Councilmember Mabry stated the purpose of his amendment is not intended to exclude the committee from considering programs that would benefit the -143- 1 September 1, 1987 ' unemployed and underemployed within the City. He stated he felt it would give the committee the opportunity to consider a broad range of programs. Councilmember Horak stated he felt the amendment was too broad. He stated he felt the current language provides an emphasis on what the focus of some of the proposals should be. He stated he would not support the amendment. Councilmember Stoner stated he would not support the amendment because he felt it important to keep the intent of the Task Force. Mayor Estrada stated he felt the amendment was unacceptable. He stated economic development funds have been spent to help business. He stated he felt the unemployed and underemployed should not be neglected. The vote on Councilmember Mabry's motion to amend Resolution 87-124 was as follows: Yeas: Councilmember Kirkpatrick, Mabry, and Maxey. Nays: Councilmembers Estrada, Horak, Stoner, and Winokur. THE MOTION FAILED. Mayor Estrada stated he felt this was a rational way to help the unemployed and underemployed. He stated he felt the Foundation was in a better Position to solicit funding than the Community Action Board. The vote on Councilmember Stoner's motion to adopt Resolution 87-124 was as ' follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Maxey expressed concern with the designation in Resolution 87-125 of one person from the religious community violating the separation of church and state. Councilmember Kirkpatrick questioned why a new committee needs to be created. She questioned how a person is determined to be underemployed. She stated she felt it would be difficult to determine definitions of the three sectors proposed to make up the committee. She suggested using the already -established Community Action Board rather than create a new board. Mayor Estrada noted the committee would be temporary in nature. He stated the committee would allow various segments of the community to be involved in the decision -making and recommendation process. He added the committee would facilitate interaction between the business community, community agencies, and the unemployed and underemployed. Councilmember Horak stated he was aware, there have been problems in the past when the makeup of the board is specified: He stated he felt it would be better if the committee was made up of a number of individuals, including representatives from various groups without specifying exactly how many representatives from each group. -144- September 1, 1987 City Attorney Huisjen stated Section 1 of the Resolution could be revised ' to read "three of whom shall be representative of community service agencies in the City", striking the words "including religious, educational and service agencies". Councilmember Maxey made a motion, seconded by Councilmember Winokur, to adopt Resolution 87-125 with the amendment described by the City Attorney. Rina Makeral, Executive Director of Larimer County Human Development, stated there are three agencies that might fill the need for three representatives of community service agencies. She suggested representation from United Way, the Interfaith Council, and the Community Action Board. Councilmember Kirkpatrick stated she would not support the amendment. She stated she preferred a nine -member committee with some general suggestions about representation, but not specific recommendations for three from each specified area. Councilmember Horak made a motion, seconded by Councilmember Kirkpatrick, to amend Section 1 to reflect nine members "including representatives of the Fort Collins business community, community service agencies, and representatives of the unemployed and underemployed persons residing within the City". Councilmember Stoner stated as long as the intent remains the same, he ' could support the amendment. The vote on Councilmember Horak's motion to amend Section 1 of Resolution 87-125 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. The vote on Councilmember Maxey's motion to adopt Resolution 87-125 as amended was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Public Hearing on the 1988 Recommended Budget Proposed Uses for Revenue Sharing Funds in 1988 City Manager Burkett stated the total proposed budget is $115 million. He spoke of the process used in preparing the budget. He introduced a video that was shown highlighting the 1988 Budget. He stated the City is in sound financial condition. He noted the revenue and expenditure projections are conservative. He indicated the budget will maintain adequate service levels, particularly in the area of basic services. He stated, however, the budget does not provide for any increases in the areas ' experiencing stress from the growth of the community. He stated he felt it -145- September 1, 1987 ' important to adopt the 1988 Budget and begin focusing on 1989, working with staff and the community on capital improvements and operating funds for the future. He responded to questions from Council about the 1988 Budget. The following persons spoke on the 1988 Budget: Bruce Lockhart, 2500 East Harmony Road, stated he felt revenues from the gas tax may offset the revenue lost by the TUF decision. He stated he did not feel a higher level of police staffing is necessary. He expressed support for the surcharge charged to users of Southridge Greens. He stated he felt EPIC users should make up the shortfall for operation of the facility. He approved of contracting out parks maintenance and suggested parks not be built as quickly. He stated he viewed the PILOT fee for storm drainage as a new tax. 2. John Clarke, 706 East Stuart, representing Larimer County Alcohol Services, stated LCAS is the only agency providing alcoholic treatment services to people who are unable to pay. He noted the City has provided funding to LCAS in the past through the Larimer County Human Services Department and pointed out LCAS is not being funded this year. He stated LCAS needs local government support in order to continue to receive state funds. He suggested possible revenue sources including the police LEA grant for DUI enforcement and treatment, a specific grant to Larimer County Human Services earmarked for Larimer County Alcohol Services, an increased liquor tax, redirection of funds from other areas, or revenue sharing or economic development funds. He requested $10,000 from the City. Councilmember Horak requested written materials from Mr. Clarke on the Larimer County Alcohol Services request. Mayor Estrada stated this is the beginning of the process and noted there were six more weeks of deliberation and public comments before final adoption. City Manager Burkett responded to some of the comments made by Mr. Lockhart. He stated the increase in the gas tax makes up for revenues lost by elimination of the Noble funds. He stated the intent is not to bring police services up to the national average, but noted there will be a need to increase the number of officers. Ordinance No. 133, 1987, Establishing an Occupation Tax Upon Natural Gas, Utility Companies Operating within the City of Fort Collins. Adopted as Amended on First Readina ' Following is staff's memorandum on this item: -146- September 1, 1987 "Financial Impact Adoption of this Ordinance will protect the City's General Fund revenue derived from Public Service Company's utility operations while the staff continues to pursue a mutually satisfactory franchise agreement with PSC. Through this Ordinance, the City will receive $69,790 per month as compensation for PSC's actual and potential use of City resources until such time as a new franchise ordinance is adopted by Council. Executive Summary Since August, 1986, City staff has endeavored to negotiate a mutually satisfactory franchise agreement with Public Service Company of Colorado (PSC). No agreement has been reached, nor do the parties anticipate reaching agreement prior to the expiration of the current franchise on October 10, 1987. As a means to ensure the City the revenue to which it is entitled during these continuing negotiations, staff recommends adoption of a short-term occupation tax. The short-term occupation tax will grant to PSC the right to continue to operate within the City streets and rights -of -way to serve natural gas customers in the city, and will preserve the City's General Fund revenue source while negotiations continue. Background 1 A franchise grants to a natural gas utility company the right and privilege ' to use the City's streets and rights -of -way as reasonably necessary in the provision of natural gas to the citizens of Fort Collins. The franchise also delineates the rights and responsibilities of the parties, which generally include mutual cooperation and coordination in planning capital improvements, compliance with City codes and requirements, and the payment by the utility company to the City of a franchise fee as compensation for the company's actual and potential use of City resources. While some of these objectives can be obtained through other means, the City finds a franchise agreement preferable to the other alternatives. Since August, 1986, City staff has endeavored to negotiate a mutually satisfactory franchise agreement with Public Service Company of Colorado (PSC). No agreement has been reached, nor do the parties anticipate reaching agreement prior to the expiration of the current franchise on October 10, 1987. As a means to ensure the City the revenue to which it is entitled during these continuing negotiations, staff recommends adoption of a short-term occupation tax. The short-term occupation tax will grant to PSC the right to continue to operate within the City streets and rights -of -way to serve natural gas customers in the city, and will preserve the City's General Fund revenue source while negotiations continue. The proposed occupation tax ordinance places no additional operational burdens on PSC or the City. The occupation tax rate for PSC is proposed at $69,790 per month. The rate for the month of October is a prorated amount. This figure is calculated ' based on projected gross sales and distribution of natural gas .over the -147- September 1, 1987 ' next six months, as indicated by an average of the last four years' sales for the same period. A tax rate of 3% is applied, as all recently negotiated franchise agreements between PSC and Colorado cities are based upon a 3% franchise fee. Adoption of this short term occupation tax is not intended to become a long-term substitute for a franchise agreement. Staff plans to pursue meaningful negotiations with PSC toward a mutually satisfactory franchise agreement." Assistant to the City Manager Jody McAfee stated this is a short-term occupation tax on natural gas retailer suppliers in Fort Collins. She stated staff has been in negotiations with Public Service Company for approximately a year to negotiate a new franchise agreement. She noted the parties have been unable to come to an agreement on a few terms that are important to each side; therefore a franchise ordinance will not be in place when the current franchise expires on October 10. She stated in the interim time period, staff is recommending a short-term occupation tax of $69,790 per month which will allow Public Service Company to operate in the City's streets and rights -of -way as reasonably necessary to provide natural gas service to the citizens, and ensures the City continued revenue from PSC similar to the current franchise fee. She explained how the occupation tax was calculated. She noted this occupation tax.is not expected to be a permanent alternative to a franchise. She suggested the definition of "gas company" in Section 102-3 be amended to read as follows: "Gas company shall mean this Code that sells, any person as defined delivers in Section 104-1 of provides, or distributes gas to end users within the corporate limits of the City through pipelines, mains and other related facilities and appurtenances located in whole or in part on easements and rights of way granted by the City." and Section 102-4 be amended to strike the words "that sells, provides, supplies, delivers or distributes gas within the City" and replace them with the words "as defined in Section 102-3". She answered questions from Council. Councilmember Mabry made a motion, seconded by Councilmember Winokur, to adopt Ordinance No. 133, 1987 on First Reading with the amendments described by staff. Bruce Lockhart, 2500 East Harmony Road, stated the increase to Public Service Company will result in more costs being passed on to the citizens. City Manager Burkett stated when the budget was prepared it was not anticipated that a new franchise agreement would not be reached. He stated it was anticipated that the new franchise agreement would be increased to 3%. ' Councilmember Horak stated staff is pursuing an increase in the franchise agreement because that is the market rate for such use of the streets and -148- September 1, 1987 rights of way. He spoke of the costs of insurance and repair and I maintenance to streets. Councilmember Kirkpatrick stated a franchise agreement would be preferable, but the occupation tax will protect the streets and rights of way. Mayor Estrada stated he supports the rate needed to recoup the costs associated with this issue. The vote on Councilmember Mabry's motion to adopt Ordinance No. 133, 1987 as amended was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Other Business Councilmember Horak requested the results of the staff analysis on car allowances. City Manager Burkett stated car allowances are based on the market and noted last year the amount of the allowances and the number of employees receiving allowances was reduced. Councilmember Winokur stated he would like the Finance Committee to review I the matter. Mayor Estrada concurred with Councilmembers Horak and Winokur and agreed the Finance Committee should review car allowances. City Manager Burkett noted allowances cost less than providing vehicles for employees to conduct City business. City Attorney Huisjen reported on a Federal District Court order regarding newspaper solicitation in Fort Collins. He stated the order restrains the City from enforcing the provisions of the Green River Ordinance against newspapers conducting door-to-door solicitation for the sale of newspapers. He stated the order also imposes six conditions under which the solicitation can be undertaken. He stated the conditions state the newspapers will carefully select and train carriers, the newspapers will provide insurance protection against personal injury or property damage, the newspapers will instruct the carriers and solicitors to avoid homes with "no solicitation" signs and to refrain from solicitation if they are asked to leave, the newspapers will provide reasonable identification for their carriers and solicitors that will distinguish them from others who might be going door-to-door, they must stop calls at 8 p.m., and they will use reasonable efforts to assure that repeated solicitations of the same house by the same newspaper are not made. He requested an Executive Session to discuss ongoing litigation with Council. -149- September 1, 1987 Executive Session Authorized Councilmember Winokur made a motion, seconded by Councilmember Stoner, to adjourn into Executive Session for the purpose of discussing legal matters. Yeas: Councilmembers Estrada, Maxey, Stoner, and Winokur. Nays: Councilmembers Horak and Mabry. Abstain: Councilmember Kirkpatrick. THE MOTION CARRIED. Adjournment At the conclusion of the Executive Session, Councilmember Winokur made a motion, seconded by Councilmember Stoner, to adjourn the meeting. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. The meeting adjourned at 11:02 p.- 44 City Clerk 1. . -150-