HomeMy WebLinkAboutMINUTES-11/19/1985-RegularNovember 19, 1985
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, November 19, 1985, 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: Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and
Stoner.
Staff Members Present: Shannon, Huisjen, Krajicek, Lewis
Agenda Review: City Manager
Interim City Manager Rich Shannon noted there had been revisions to four
items on the agenda: Item #13, Items Relating to the Conversion of CBT
Water Held Under Temporary Use Permits with the Northern Colorado Water
Conservancy District to a Permanent Class B Contract; Item #15, Hearing and
First Reading of Ordinance No. 146 1985 Appropriating Prior Reserves and
Unanticipated Revenue in Various Funds and Transferring Appropriations
Between Funds; Item #25, Resolution Adopting Findings of the Appeal of the
Zoning Board of Appeals Deciston to Uphold the Administrative Decision that
Larimer County Alcohol Services Does Not Meet Conditions Set Forth on the
Approved Plan for 1415 and 1417 South College Commercial iUD; and Item #30,
Resolution Appointing an Economic Development Task Force
Councilmember Ohl son asked that Item #16, Resolution Approving a
Professional Services Agreement with Municipal Code Corporation for
Codification Services, and Item #19, Resolution Accepting the Improvements
and Ordering Notice of Assessment in Landmark Special Improvement District
No. 80, be withdrawn from the Consent Calendar.
Councilmember Horak asked that Item #23, Acceptance of the Canvass of the
November 5, 1985 Special City Election, be removed from the Consent agenda.
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 Item #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 be staff or Council. These items will be
discussed immediately following the Consent Calendar.
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November 19, 1985
4. Approval of the Minutes of the Regular Meeting of October 15 and the
5. Tabling of Items Pertaining to the Revision of Ch
r,,,o
)ter 3A of the Ci
A. Tabling of the Second Reading of Ordinance No. 131, 1985,
Repealing & Re-enacting Chapter 3A of the Code of the City of Fort
Collins Regarding Appeals Procedure.
B. Tabling of the Second Reading of Ordinance No. 132, 1985, Making
Changes to the Code of the City of Fort Collins to Bring Various
Chapters of the Code in Conformity with Chapter 3A.
Staff is asking that these two ordinances be tabled until December 3
to allow more time to update those persons who have expressed interest
in this process and to receive input from the mailing to past
appellants.
These ordinances were unanimously adopted on First Reading on November
5. The procedure for appeals to City Council from the decisions of
certain boards and commissions.of the City is contained in Chapter 3A
of the City Code. In order to remove some existing ambiguities and
inconsistencies and to expound upon the desired procedure for appeal,
a revision of Chapter 3A is being proposed. In addition, Council is
being asked to consider complementary changes in other chapters of the
Code that relate to the affected boards and commissions, so that all
references within the Code to a right of appeal will incorporate the
procedure described in Chapter 3A.
6. Second Reading of Ordinance No 134 1985 Appropriating $54,000 of
Unanticipated Revenue in the Cultural Services Fund.
This ordinance was unanimously adopted on First Reading on November 5.
Because of booking additional sponsored productions, the Performing
and Visual Arts Division of the Cultural Services & Facilities Fund
will need an additional appropriation of $54,000 in 1985.
The additional $54,000 will be offset with $54,000 in revenues
generated from the additional programs in 1985, and will not affect
the subsidy needed by the Department from the General Fund.
7. Second Reading of Ordinance No. 135, 1985, Vacating all Easements on
the Replat oLas 1 and 2 Timberline Apartmef Lnts PUD
This ordinance was unanimously adopted on First Reading on November 5
and is a blanket vacation of easements in the Timberline Apartments
PUD. This parcel was recently approved as Timberline Village PUD, a
single family residential area. All necessary easements have been
established in their revised alignments. The utilities have no
problem with the vacation.
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November 19, 1985
8. Hearing and Second Reading of
Issuance of Industrial Develo
Principal Amount of $600.000 i
Ordinance No. 136, 1985, Relating to the
)ment Revenue Bonds, Series 1985, in the
or Mountain Avenue Plaza Associates.
This Ordinance was unanimously adopted on First Reading on November 5
and provides for the issuance of $600,000 in Industrial Development
Revenue Bonds, 1985, for Mountain Avenue Plaza Associates for the
purpose of the acquisition, re -development and renovation of two
buildings on West Mountain Avenue. The developing partnership intends
to return the store fronts of the buildings to their original
appearance and create a covered pedestrian accessway from Mountain
Avenue to the parking lot on the north.
9. Second Reading of Ordi
10.
0
,nt Kevenue
or Tulakes
37, 1985, Relating to the Issuance of
onds, Series 1985, in the Principal
sociates.
This Ordinance, adopted unanimously on First Reading on November 5,
provides for the issuance of $920,000 in Industrial Development
Revenue Bonds, 1985, for Tulakes Associates for the purpose of
financing improvements relating to the construction of a 10,500 square
foot building addition devoted .to offices, research and manufacturing
facilities for the production of ion beam power supplies and related
components.
ems Relating to the Creation and Fi
provement District No. 87.
ing of Greenbriar Special
A. Second Reading of Ordinance No. 139, 1985, Relating to the
Creation of Special Improvement District No. 87.
B. Second Reading of Ordinance No. 140, 1985, Authorizing the
Issuance of a Special Assessment Bond in the Principal Amount of
$1,640,000.
C. Second Reading of Ordinance No. 141, 1985, Appropriating Funds to
Pay the Required City Costs.
These ordinances were unanimously adopted on First Reading on November
5. This proposed S.I.D. is located west of Lemay, north of Conifer
and east of Redwood in the northeast quadrant of the City on land
owned by First Interstate Bank of Fort Collins, N.A. It includes some
improvements in place and improvement necessary to complete the
development of the site to make it marketable.
Second Reading of Ordinance No. 142, 1985, Authorizing the Issuance of
Downtown Develo ment Authorit Tax Increment Refunding Bonds at a
Principal Amount Approximately Equal to 8.885.000.
This Ordinance was unanimously adopted as amended on First Reading on
November 5. The new bonds of $8,885,000 will retire in their entirety
the 1984 DDA bonds of $8,200,000. The refunding is being undertaken
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November 19, 1985
to reduce the interest cost of the DDA debt and to clarify some of the
covenants concerning pledged revenue.
12. Second Reading of Ordinance No. 143, 1985, Authorizing the Issuance of
Sewer Revenue Refunding and Improvement Bonds in an Approximate
Principal Amount of $30.715.000.
This bond ordinance, which was unanimously adopted as amended on First
Reading on November 5, refunds all of the Sewer Revenue Bonds of the
City. Additionally $15,480,000 of the new bonds are to provide
funding for the improvements to Wastewater Treatment Plant II in
accordance with the Second Modification Agreement to the Master
Agreement between the City and Anheuser-Busch.
13. Items Relating to the Conversion of CBT Water Held Under Temporary Use
Permits with the Northern Colorado Water Conservancy District to a
Permanent Class B Contract.
A. Resolution for Application to Northern Colorado Water Conservancy
District for Cancellation of Temporary Use Permits.
B. Hearing and First Reading of Ordinance No. 144, 1895, Applying and
Contracting for Beneficial Use of Water on Behalf of the City of
Fort Collins, a Municipal Corporation, and Prescribing the Terms
for Application for an Allotment of Water to Said City of Fort
Collins by Northern Colorado Water Conservancy District.
This resolution and ordinance is needed to apply for the transfer of
616 acre-foot units of Colorado -Big Thompson (CBT) Project water held
by Fort Collins under Temporary Use Permits to a permanent Class B
Contract. The Northern Colorado Water Conservancy District (NCWCD)
requires that Temporary Use Permits be converted to a permanent Class
B Contract after a period of five years.
14. Hearing and First Reading of Ordinance No. 145 1985 Amending the Code
Relating to Registration of Municipal Electors.
Provisions of the new "Motor Voter" law have gone into effect and City
Ordinance must be amended to make the Code consistent with state law
concerning voter registration deadlines. , In the past, the voter
registration deadline was 32 days prior to the election. "Motor
Voter" changed some statutes to extend the voter registration deadline
to 25 days prior to an election, although the 32 day residency
requirement remains in effect. This Ordinance would make the Code
consistent with the new statutes.
15. Hearing and First Reading of Ordinance No. 146, 1985 Appropriati
Prior Reserves and Unanticipated Revenue in Various Funds a
Transferring Appropriations Between Funds.
As part of the 1986 budget process, we have identified various funds
which require a supplemental appropriation for 1985 expenditures. The
M"
November 19, 1985
Background Summary explains what each appropriation is for and how the
appropriation is being financed.
16. Resolution Approving a Professional Services Agreement with Municipal
Code Corporation for Codification Services.
The Resolution approves a Professional Services Agreement with
Municipal Code Corporation for codification and supplementation
services for the City Code book. Four proposals were received and
were reviewed by a staff committee, which recommends that the
agreement be entered into with Municipal Code Corporation of
Tallahassee, Florida. Funds are budgeted in 1985 and 1986 for this
codification project which will be completed by October 1, 1986. This
project has grown out of Council's goal to undertake a thorough review
of the City Code. The City Code has not been recodified since 1972.
The cost for the professional services to be provided by Municipal
Code Corporation is more than $20,000 which makes Council approval of
the agreement necessary.
17. Resolution Making Appointments to Various Boards and Commissions.
18.
Vacancies currently exist on the CHOICE Advisory Board, Personnel
Board, Senior Citizens Board, and the Water Board due to the
resignations of David Carvill, Sue Tims, Barbara Kienholz, and Morton
Bittinger. The individual Council liaison representatives reviewed
the applications on file and conducted interviews where necessary.
In keeping with Council's new policy, recommendations for these
appointments were announced on November 5. The appointments were
tabled to November 19 to allow an additional two weeks for public
input. Prospective appointees are as follows:
CHOICE - Kathryn Holbrook
Personnel Board - Sandi Evenson
Senior Citizens Board - Patricia Raco
Water Board - John Scott
Ray Herrmann, alt.
Resolution Authorizing the Mayor to Approve the Assignment to the City
of an Agreement Between the Union Pacific Railroad Company and Larimer
County for a Concrete Drainage Pipeline on the Railroad Riaht-of-wav_
In 1969 Larimer County entered into an agreement (Number CD-50973)
with the Union Pacific Railroad authorizing the placement of a
concrete drainage pipeline in the railroad right-of-way on Prospect
Road approximately 1/4 mile west of Timberline Road. This drainage
tile carrier drains waters from Prospect Road to Spring Creek. Since
the time of the original agreement, the area has been annexed by the
City.
The attached resolution accepts the assignment of the original
agreement from the County and identifies the City as the party
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November 19, 1985
responsible for maintenance of the pipeline. Staff sees the
maintenance of this system to be minimal. There are no fees
associated with the assignment.
19. Resolution Accepting the Improvements and OrderingNotice of
Assessment in Landmark Special Improvement District No. 80.
In October of 1983, Council established the Landmark Special
Improvement District No. 80. This was established to allow for
construction of street, water line, sanitary sewer line and storm
drainage improvements in the District.
The City is now prepared to close out the district. In accordance
with Chapter 16 of the City Code, preparation of a statement of cost,
assessment roll, notice to be sent to property owners and assessment
ordinance have been completed.
Once the resolution is passed, the City Clerk will have a written
notice published in the Coloradoan and will send an individual notice
to the property owner. This will notify the owner of the cost of
improvements, the portion to be paid by the City and the hearing date
of the assessment ordinance. (January 7, 1986)
20. Resolution Authorizing the City Manager to Enter into an Agreement for
the Purchase of Open Space Land in the Foothills.
A parcel of open space land located in the foothills west of town has
become the "keystone" acquisition in planning for the Foothills Trail.
The land covers 120 acres near the north end of Horsetooth Reservoir
and is owned by the Campeau family. It allows for a trail corridor
and provides solutions for the concerns of neighboring landowners and
future trail users.
In addition to the potential for trail development, the parcel is an
attractive open space which scores highly under the criteria for
acquisition priorities set forth by Council's Open Space Subcommittee.
The Campeaus are willing to sell. The Parks and Recreation Board is
recommending purchase of the parcel.
21. Tabling of Resolution Approving the Stuart.Urban Growth Area Bounda
Amendment to Include 80. Acres Located South of Horsetooth Road a
One -Half Mile East of Taft Hill Road.
The Resolution was tabled to this date on November 5. The applicant,
Kimbel J. Stuart, is requesting an amendment to the Fort Collins Urban
Growth Area boundary to include approximately 80 acres located south
of Horsetooth Road and one-half mile west of Taft Hill Road. This
area was part of the larger Foothills Area UGA boundary amendment
request that was not approved at the City Council meeting of November
5. Staff recommends that the Resolution be tabled to December 3 to
allow preparation of additional material on the item.
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November 19, 1985
22. Motion accepting a donation from Dr. and Mrs. Everett Salyer of
approximately 24 acres of open space land along the Poudre River
adjacent to Legacy Park.
In May of this year, staff received a letter from Mr. Stanley Burd of
Burd and Osborne representing Dr. and Mrs. Everett Salyer who reside
in Kansas City, Kansas. Mr. Burd was authorized by the Salyers to
offer their 24 acres of property along the Poudre River adjacent to
Legacy Park as a donation to the City of Fort Collins. The Salyers
have also agreed to pay any taxes due on the property at time of
closing and have paid for the title insurance policy.
This is an excellent piece of open space land to add to our system.
The City Attorney's Office has reviewed the deed and found it
acceptable. The Parks and Recreation Board supports acceptance of
this donation. The appraised value of the site is $75,000.
23. Acceptance of the Canvass of the November 5 1985 Special City
Election.
The Agenda Item Summary includes the abstract of votes cast at the
Special City Election held on November 5 relating to the referred
ordinance on the corridor sales tax. The Election Board has
completed the canvass and certification process for the election.
Council is asked to accept the canvass and election results.
Total Ballots Cast at the Election: 12,800
Total Registered Voters: 44,762
For the Ordinance: 3,914
Against the Ordinance: 8,815
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #5. A. Tabli
Item #6
Repea
Fort
B. Tabli
Makin
Bring
3A.
of the Second Reading
ng & Re-enacting Chapter
llins Regarding Appeals
Second Readi
of Unantici❑
Item #7. Second Readi
on the Repla
f Ordinance No. 131, 1985
1 of the Code of the City o
)cedure.
of the Second Reading of Ordinance No. 132, 19",
hanges to the Code of the Cityof Fort Coll ins to
•ious Chapters of the Code in Conformity with Chapter
lg of Ordinance No. 134 1985 Appropriating $54 000
itPd Ravanua in the riiltnral Corvirnc Fiinri
Ordinance No. 135, 1985, Vacating all Easements
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November 19. 1985
Item ,#8. Hearing and Second Reading of Ordinance No. 136, 1985, Relating
to the Issuance of Industrial Development Revenue Bonds Series
1985, in the Principal Amount of $600,000 for Mountain Avenue
Plaza Associates.
Item #9. Second Reading of Ordinance No. 137, 1985, Relating to the
Issuance of Industrial Development Revenue Bonds Series 1985 in
the Principal Amount of $920,000 for Tulakes Associates.
Item #10. A. Second Reading of Ordinance No. 139, 1985, Relating to the
Creation of Special Improvement District No. 87.
B. Second Reading of Ordinance No. 140 1985 Authorizing the
Issuance of a Special Assessment Bond in the Principal Amount
of $1.640.000.
C. Second Reading of Ordinance No. 141 1985 Appropriatin
Funds to Pay the Required City Costs.
Item #11. Second Reading of Ordinance No. 142 1985 Authorizing the
Issuance of Downtown Development Authority Tax Increment
Refunding Bonds at a Principal Amount Approximately Equal to
Item #12. Second Reading of Ordinance No. 143 1985 Authorizing the
Issuance of Sewer Revenue Refunding and Improvement Bonds in
an Approximate Principal Amount of $30 715 000.
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #13. B. Hearing and First Reading of Ordinance No. 144, 1895,
Applying and Contracting for Beneficial Use of Water on
Behalf of the City of Fort Collins a Municipal Corporation
and Prescribing the Terms for Application for an Allotment of
Water to Said City of Fort Collins by Northern Colorado Water
Conservancy District.
Item #14. Hearing and First Reading of Ordinance No. 145 1985 Amending the
Code Relating to Registration of Municipal Electors.
Item #15. Hearing and First Reading of Ordinance No. 146, 1985, Appro-
priating Prior Reserves and Unanticipated Revenue in Various
Funds and Transferring Appropriations Between Funds.
Councilmember Clarke made a motion, seconded by Councilmember Estrada, to
adopt and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Clarke, Estrada, Hurak, Knezovich, Ohlson, Rutstein, and
Stoner. Nays: None.
THE MOTION CARRIED.
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November 19, 1985
Ordinance Rezoning Property Known
as the Center for Advanced
Technology, Adopted on Second Reading
Following is the staff's memorandum on this item:
"This Ordinance was adopted on First Reading on November 5 by a 6-0 vote
(Councilmember Estrada withdrawn) and rezones individual parcels, as
requested by the applicant; each rezoning would be conditioned upon planned
unit development.
This is a request to rezone a total of approximately 147.48 acres.
Approximately 38.94 acres will be rezoned from the T-Transition Zoning
District and the R-L, Low Density Residential, Zoning District to B-P,
Planned Business District. Approximately 108.54 acres will be rezoned from
the T-Transition Zoning District to the I-P, Industrial Park District. All
properties are located in the Northeast 1/4 Section and Southeast 1/4
Section of the square mile bounded by Prospect Road, College Avenue, Drake
Road and Shields Street in an area to be developed into the Center for
Advanced Technology. An additional 90.51 acres will remain in the
T-Transition Zone. The total project covers approximately 237.99 acres.
The applicant is the Colorado State University Research Foundation, c/o
ZVFK Architects/Planners, 11 Old Town Square, Fort Collins, CO."
Councilmember Estrada asked that the record show he did not participate in
the discussion or'vote on this item.
Councilmember Stoner made a motion, seconded by Councilmember Knezovich, to
adopt Ordinance No. 138, 1985 on Second Reading. Yeas: Councilmembers
Clarke, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None
(Councilmember Estrada withdrawn).
THE MOTION CARRIED.
Resolution Adopting Findings of the
Appeal of the Zoning Board of Appeals
Decision to Uphold the Administrative
Decision that Larimer County Alcohol
Services Does Not meet Conditions Set
Forth on the Approved Plan for 1415
South College Commercial PUD, Adopted
Following is the staff's memorandum on this item:
"Executive Summary
On November 5, 1985, the Council heard an appeal of the October 10, 1985
Zoning Board of Appeals decision which upheld an administrative decision
made by the Community Development Department that the proposed use of 1415
South College Avenue by Larimer County Alcohol Services did not comply with
the conditions for use incorporated in the 1978 approval of the 1415 & 1417
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November 19, 1985
South College Commercial PUD. The Council voted 6 to 0 to sustain the ZBA
decision, thereby denying the proposed use. (Councilman Stoner withdrew
because of a conflict of interest.)
Background
The 1415 & 1417 South College Commercial PUD was approved by the Planning
and Zoning Board on August 14, 1978. That approval allowed professional
office use in each of the two existing residential structures with the
following conditions:
o Type of business restricted to professional offices as defined by the
City of Fort Collins Zoning Code - excluded uses being medical, dental
and real estate (office or clinic).
o Vehicular trips per day to either building not to exceed an average of
20 including employees.
The proposed use of 1415 South College by Larimer County Alcohol Services
was rejected administratively by Community Development staff because of
non-conformance to the trip generation restriction and the overall intent
of the restrictions placed on the property by the Planning and Zoning
Board.
Larimer County Alcohol Services appealed the administrative decision to the
Zoning Board of Appeals. ZBA upheld the decision by a vote of 4 to 0. The
ZBA decision was subsequently appealed to the City Council.
Council considered input from the applicant, staff and neighborhood and
found that the Zoning Board of Appeals decision should be sustained. The
Council directed the staff to assist Larimer County Alcohol Services in
locating an appropriate new location."
Councilmember Stoner asked the record to show he did not participate in the
discussion or vote on this item.
Councilmember Knezovich made a motion, seconded by Councilmember Ohlson to
adopt Resolution 85-218. Yeas: Councilmembers Clarke, Estrada, Horak,
Knezovich, Ohlson, and Rutstein. Nays: None (Councilmember Stoner
withdrawn).
THE MOTION CARRIED.
City Manager's Report
Interim City Manager Rich Shannon called CounciI's attention to a
meritorious service award received by Parks and Recreation Director H.R.
Phillips from the National Parks and Recreation Association.
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November 19, 1985
Councilmembers' Reports
Councilmember Knezovich reported on the parking amnesty program to be
initiated by the City and the free parking validation program to be
instituted in the downtown area over the holidays.
Councilmember Estrada reported on the upcoming trip to Fairfield,
California to tour the Anheuser-Busch brewery and several spin-off
industries.
Councilmember Ohlson commended Utilities General Manager Bill Carnahan and
the Light and Power Utility for their continued commitment to energy
conservation. He also spoke of the construction inspection request line
recently installed in Engineering.
Councilmember Stoner reported on the City of Loveland's proposal for
annexing in the Fort Collins/Loveland Airport area.
Mayor Rutstein commented on the 24-acre Salyer donation along the Poudre
River adjacent to Legacy Park, noting it was valued at approximately
$75,000. She also noted that this was the second time that Parks and
Recreation Director H. R. Phillips had won the award from the National
Parks and Recreation Association.
Resolution Approving a Professional
Services Agreement with Municipal Code
Corporation for Codification Services Adopted
Following is the staff's memorandum on this item:
"Executive Summary
The Resolution approves a Professional Services Agreement with Municipal
Code Corporation for codification and supplementation services for the City
Code book. Four proposals were received and were reviewed by a staff
committee, which recommends that the agreement be entered into with
Municipal Code Corporation of Tallahassee, Florida. Funds are budgeted in
1985 and 1986 for this codification project which will be completed by
October 1, 1986. This project has grown out of Council's goal to undertake
a thorough review of the City Code. The City Code has not been recodified
since 1972. The cost for the professional services to be provided by
Municipal Code Corporation is more than $20,000 which makes Council
approval of the agreement necessary.
Background
Proposals were opened on October 11 for analysis, revision and
reorganization of the City Code. Requests for proposals were mailed to
five firms, and four proposals were received. The firms submitting
proposals were:
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November 19, 1985
o Municipal Code Corporation
o General Code Publishers Corporation
o Sterling Codifiers
o Book Publishing Company
A staff review committee composed of City Clerk Wanda Krajicek, Deputy City
Clerk Molly Davis, ICS Director Pete Dallow, City Attorney John Huisjen,
and Purchasing Agent Jim O'Neill reviewed the proposals and is recommending
that the contract be awarded to Municipal Code Corporation.
Following is a breakdown of costs included in the contract negotiated with
Municipal Code Corporation:
Item Amount
Code analysis and review $ 6,000
Editorial, indexing and printing 19,600
Binders and Tabs 3,150
TOTAL $ 28,750
Supplementation $ 22/page
Interim Supplementation 14/page
Funds are budgeted in the City Clerk's budget for 1985 and 1986 for
codification services."
Councilmember Knezovich made a motion, seconded by Councilmember Stoner, to
adopt Resolution 85-214.
Councilmember Ohlson pointed out that this action was long needed and noted
he wanted to call the public's attention to this effort.
The vote on Councilmember Knezovich's motion to adopt Resolution 85-214 was
as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich,
Ohlson, Rutstein and Stoner. Nays: None.
THE MOTION CARRIED.
Resolution Accepting the Improvements and
Ordering Notice of Assessment in Landmark
Special Improvement District No. 80, Adopted
Following is the staff's memorandum on this item:
"Executive Summar
In October of 1983, Council established the Landmark Special Improvement
District No. 80. This was established to allow for construction of street,
water line, sanitary sewer line and storm drainage improvements in the
District.
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November 19, 1985
The City is now prepared to close out the district. In accordance with
Chapter 16 of the City Code, preparation of a statement of cost, assessment
roll, notice to be sent to property owners and assessment ordinance have
been completed.
Once the resolution is passed, the City Clerk will have a written notice
published in the Coloradoan and will send an individual notice to the
property owner. This will notify the owner of the cost of improvements,
the portion to be paid by the City and the hearing date of the assessment
ordinance. (January 7, 1986)
Background
The City Council formally established Landmark Special Improvement District
No. 80 in October of 1983 by the adoption of Resolution 83-160, Resolution
83-161, and Ordinance No. 132, 1983. The petitioner, Landmark Apartments,
Ltd., requested formation of the district in order to construct street,
water line, sanitary sewer line, and storm drainage improvements. The
district property is located at the Southeast corner of the intersection of
Shields and Prospect streets. In November of 1984, the City issued special
assessment bonds in the principal amount of $315,000 to cover the cost of
construction of such improvements.
The City Engineer has inspected the completed improvements and certified to
the City Council that all improvements in the district are complete. The
City is now prepared to close out the district and assess the property
owner in the district (Landmark Apartments, Ltd.) for all costs associated
with the construction, engineering, formation, and financing of district
improvements.
Chapter 16 of the City Code sets forth the procedure to be followed in
assessing the cost of district improvements. That procedure provides for
the preparation of (1) a statement of cost; (2) an assessment roll for the
district; (3) a notice to be sent to property owners in the district; and
(4) an assessment ordinance.
The resolution before the City Council will beyin the assessment procedure.
This resolution will accept the certification of the City Engineer relative
to completion of the improvements, accept the Finance Director's Statement
of Cost of district improvements, order publication of notice of assessment
to the property owner in the district and set a hearing date for
consideration of the assessment ordinance.
Upon passage of the resolution, the City Clerk will have a written notice
published in the Coloradoan and will send an individual notice to the
property owner in the district. The public notice will be in the form set
forth on Exhibit "A" of the resolution and will notify the property owner
of the cost of the improvements, the portion to be paid by the City, and
the hearing date of the assessment ordinance.
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I
We plan to bring the assessment ordinance
meeting of January 7, 1986 after all notice
After passage, the assessment ordinance will be
a thirty day payment period as prescribed by
payment) will be allowed, and if full payment
roll will then be certified to the County
annual installments.
November 19, 1985
to the City Council at the
requirements have been met.
published in the newspaper,
the City Code (for lump sum
is not made, the assessment
Treasurer for collection in
In addition to the Landmark District, five other special improvement
districts have completed construction of improvements. These districts are
Lemay/Harmony, Fairbrooke, Heart, Boardwalk, and West Horsetooth to the
railroad tracks. The Finance Department is currently compiling final cost
information for these districts. It is anticipated that resolutions
similar to the Landmark resolution will be brought before City Council for
each of these five districts on December 3, 1985. Thereafter, notices will
be published and the assessment ordinances will be presented to the City
Council on January 7, 1986.
The notice requirements and how the City Council meetings fall will result
in all six districts being assessed during the January 7, 1986 meeting."
Councilmember Clarke made a motion, seconded by Councilmember Stoner, to
adopt Resolution 85-216.
Councilmember Ohlson asked if the same detail of inspection was done on
SID's as is done on our own street projects.
Interim City Manager Rich Shannon replied in the affirmative and added
periodic inspections for compaction, drainage, and asphalt thickness are
done and, in addition, the developer is required to have a registered
engineer certify that the street is built in accordance with the plans and
specifications. He noted he believed SID's are a valid way to finance
infrastructure improvements in the community.
The vote on Councilmember Clarke's motion to adopt Resolution 85-216 was as
follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson,
Rutstein and Stoner. Nays: None.
THE MOTION CARRIED.
Canvass of the November 5, 1985
Special City Election, Accepted
Following is the staff's memorandum on this item:
"Attached is a copy of the abstract of votes cast at the Special City
Election held on November 5 relating to the referred ordinance on the
corridor sales tax. The Election Board has completed the canvass and
certification process for the election. Council is asked to accept the
canvass and election results.
il
M
November 19, 1985
Total Ballots Cast at the Election: 12,800
Total Registered Voters: 44,762
For the Ordinance: 3,914
Against the Ordinance: 8,815 "
Councilmember Horak made a motion, seconded by Councilmember Stoner, to
accept the canvass of the November 5, 1985 Special City Election.
Councilmember Horak pointed out there had been a 29% turnout at the
election and expressed his thanks to the citizens who took time to vote and
the two citizens' groups involved in the issue.
The vote on Councilmember Horak's motion was as follows: Yeas:
Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein and
Stoner. Nays: None.
THE MOTION CARRIED.
Resolutions Allowing Old Town Projects
I and II to Prepare Bond Ordinances
Allowing the Refunding of Their Outstanding
Industrial Development Revenue Bonds Adopted
Following is the staff's memorandum on this item:
"Executive Summary
A. Resolution Setting Forth the Intention of the City of Fort Collins to
Issue Industrial Development Revenue Bonds for Refunding of City of
Fort Collins, Colorado Industrial Development Revenue Bonds Series 1983
(Old Town Fort Collins Project I).
B. Resolution Setting Forth the Intention of the City of Fort Collins to
Issue Industrial Development Revenue Bonds for Refunding of City of
Fort Collins, Colorado Industrial Development Revenue Bonds Series 1983
(Old Town Fort Collins Project II).
Old Town Projects I and II desire to refund their outstanding industrial
development revenue bonds to save interest expense.
Background
Attached is a letter from Kirkland & Ellis, bond counsel, describing the
refundings.
Since this is a refunding of a financed project we did not require a
complete resubmittal of an application and did not prepare a new point
sheet.
We will proceed with bond ordinances for December 3, 1985, only if all
documents are in order at that time."
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November 19, 1985
Councilmember Knezovich asked that the record show he did not participate
or vote on this item.
Councilmember Stoner made a motion, seconded by Councilmember Estrada, to
adopt Resolution 85-220.
Gene Mitchell, managing officer, Mitchell and Company, explained the
rationale for this refunding effort.
Finance Director Jim Harmon noted the applicant would be paying the usual
fees for IDRB's and noted the City would not be negatively impacted by this
action.
The vote on Councilmember Stoner's motion to adopt Resolution 85-220 was as
follows: Yeas: Councilmembers Clarke, Estrada, Horak, Ohlson, Rutstein and
Stoner. Nays: None (Councilmember Knezovich withdrawn).
THE MOTION CARRIED.
Councilmember Clarke made a motion, seconded by Councilmember Stoner, to
adopt Resolution 85-221. Yeas: Councilmembers Clarke, Estrada, Horak,
Ohlson, Rutstein and Stoner. Nays: None (Councilmember Knezovich
withdrawn).
THE MOTION CARRIED.
Citizen Participation
A. Proclamation for Home Health Care Week for December 1-7, 1985 was
accepted by Anita Basham, representing the Directors of agencies
providing home health care in Fort Collins.
B. Proclamation for Day of Fasting to Combat Hunger was accepted by Dennis
Griffith on behalf of Fort Collins for Africa.
C. Proclamation Designating November 22-28 as Farm -City Week was accepted
by Gwen Feith, President of Fort Collins Farm Wives Club.
D. Proclamation for Great American Smokeout on November 21 was accepted by
Lil McBrien, volunteer chairwoman of Great American Smokeout.
Carol Gyger, 425 North Whitcomb, questioned the status of the insurance on
the pool/rink complex and noted she was responding to recent media stories
on insurance problems other rinks were incurring.
Rich Shannon reported that those rinks were private, not public and added
the City would consider self-insurance if conventional carriers were
unavailable or too costly.
:1
November 19, 1985
Sue Bartels, 239 McKinley, Fort Collins AIDS Coalition, requested the
adoption of an ordinance protecting AIDS victims from discrimination prior
to the occurrence of an incident.
Mayor Rutstein asked that the matter be referred to the Human Rights
Commission for their recommendation and asked staff to try to obtain sample
ordinances from other communities.
Resolution Appointing an Economic
Development Task Force, Tabled to December 3
Following is the staff's memorandum on this item:
"The initial step in formulating an Economic Development Plan is to solicit
the assistance of key members of the community on an Economic Development
Task Force, which would reflect a balance of public and private
perspectives. This resolution makes appointments to the Economic
Development Task Force and establishes the scope and purposes of the Task
Force. A preliminary report from the Task Force will be submitted to the
Council Economic Development Subcommittee no later than April, 1986. It is
expected that the final written report on the Task Force would be submitted
to the City Council no later than June, 1986."
Councilmember Estrada made a motion, seconded by Councilmember Clarke to
adopt Resolution 85-219 inserting the names of Dr. Philip Austin, Dave
Everitt, David Herrera, Larry Kendall, Barbara Schofield, Doug Schotz,
Larry Scott, Nona Thayer, Jose Trujillo, Ron Walling, Lou Wymisner, and
Rich Shannon.
Councilmember Knezovich questioned what kind of financial resources would
be available to the Task Force and what parameters might be given those
financial resources.
Councilmember Estrada reported that some of the resources presently in the
development fund could be utilized.
Rich Shannon noted the Task Force could fund contractual work out of the
economic development fund if they saw a need for such contractual projects.
He noted he envisioned a very small sum might be used for such tasks.
Councilmember Knezovich suggested the Task Force be given some financial
resources with an upper limit.
Councilmember Knezovich made a motion, seconded by Councilmember Stoner, to
add a Section 5 to the Resolution as follows: "Section 5. The City
allocates up to $25,000 of its financial resources to assist the TAsk Force
in meeting the directions outlined in Section 2."
Councilmember Horak expressed concern about
Task Force and noted he preferred a process
interviews.
the process used to appoint the
that included applications and
-81-
November 19, 1985
Councilmember Estrada noted this was a temporary Task Force and noted he
agreed with tabling the action for 2 weeks for public input. 11
Councilmember Clarke felt the process of drafting qualified and expert
persons for the Task Force was correctly used in this instance. He noted
the committee would not have the right to contract or expend funds without
the approval of the City Manager.
Councilmember Rutstein noted the Task Force would be contacting special
interest groups before giving their recommendations.
The vote on Councilmember Knezovich's motion to amend Resolution 85-219 was
as follows: Yeas: Councilmembers Clarke, Estrada, Knezovich, Ohlson,
Rutstein and Stoner. Nays: Councilmember Horak.
THE MOTION CARRIED.
Councilmember Clarke made a motion, seconded by Councilmember Estrada, to
table Resolution 85-219 to December 3 to allow public input on the
appointees. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich,
Ohlson, Rutstein and Stoner. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Ohlson noted he would like additional information on what the
$1.7 million bought in the Old Town Project and asked for more information
on the water feature there.
Adjournment
Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to
adjourn the meeting to 6:30 p.m. on November 26. Yeas: Councilmembers
Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays:
None.
The meeting adjourned at 8:40 p.m.
ATTEST:
City Clerk
no