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HomeMy WebLinkAboutMINUTES-02/19/1985-RegularFebruary 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, February 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, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Staff Members Present: Arnold, Huisjen, Krajicek, Lewis, Harmon, Mutch, Hays, M. Smith, F. Lee Agenda Review: City Manager City Manager Arnold asked that Item #20, Resolution Authorizing the Mayor to Enter into an Agreement with Larimer County for the Transfer of Property and Assumption of Certain Maintenance Responsibilities, be withdrawn from the agenda for further staff review. Councilmember Stoner asked that Item #21, Resolution Making Findings and Setting Forth the Conditi-ons for Approval of the Renaissance Center PUD Preliminary Plan, be withdrawn from the Consent Calendar. Councilmember Ohlson requested Item #25, Resolution Creating and Author- izing Appointments too the Fort Collins Natural Resources Advisory Board (NRAB), and Item #27, Items Relating to Anheuser-Busch Land Exchanges, be removed from the Consent Agenda. Councilmember Knezovich asked that Item #14, Hearing and First Reading of Ordinance No. 22, 1985, Relating to the Correction of an Error in Ordinance No. 161, 1984 Providing for the Issuance and Sale of City of Fort Collins, Colorado, Industrial Development Revenue Bonds (the Dixon Associates Project), be withdrawn from the Consent Calendar. Bruce Lockhart, 2500 East Harmony Road, asked that Item #17, Hearing and First Reading of Ordinance No. 25, 1985, Appropriating Unanticipated Revenue of $216,000 in the Capital Projects Fund for the Purchase of Capital Equipment for Transfort, and Item #26, Resolution Authorizing the City Manager to Enter into an Agreement to Lease the Old Power Plant to the Poudre River Trust, be removed from the Consent Agenda. -96- February 19, 1985 1 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 #38, 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 dis- cussed immediately following the Consent Calendar. 4. Minutes of the adjourned meeting of January 29 and the regular meeting of February 5. 5. Second Reading of Ordinance No. 194, 1984, Annexing Approximately 2.96 Gres Known as the Sheridan First Annexation. This ordinance was unanimously adopted on First Reading on December 18 and was tabled to this date to allow the submittal of the final documents. The documentation is now complete and staff is ready to proceed with the Second Reading of both the annexation and zoning ordinances. ' The applicants, Don and Rosemary Sheridan, are requesting annexation of approximately 2.96 acres (Lot 10, Block 4 of the Lynn Acres Sub- division) located on Lynn Drive. The annexation is a 100% voluntary annexation in that the applicants are the sole owners of the property. This annexation achieves its one -sixth contiguity requirements through a common boundary with the Village Grove Annexation. 6. Second Reading of Ordinance No. 195, 1984, Zoning Approximately 2.96 Gres, Known as the Sheridan First Annexation into t e -E, Residen- tial Estate. Zonina District. This ordinance was unanimously adopted on First Reading on December 18 and was tabled to this date to allow the submittal of the final documents. The documentation is now complete and staff is ready to proceed with the Second Reading of both the annexation and zoning ordinances. The applicants, Don and Rosemary Sheridan, are requesting zoning on approximately 2.96 acres (Lot 10, Block 4 of the Lynn Acres Subdivi- sion) known as the Sheridan First Annexation into the R-E, Residential Estate, zoning district. -97- 1 IFebruary 19, 1985 7. Second Reading of Ordinance No. 14, 1985, Amending Section 114-2 of the Code of the City of Fort Collins Relating to the "Wo-de raffic Code for Colorado unicipa ities . 1977 dition. This Ordinance was unanimously adopted on First Reading on February 5 and includes two changes to the Model Traffic Code as adopted and amended by the City. The changes relate to parking regulation and enforcement and are intended to take care of problems which have developed in that area. First, Section 12-2 regarding obedience to stopping, standing or parking regulations has been amended to require obedience to markings such as lines, words and symbols painted on the road surface as well as official signs posted to give notice of stopping, standing or parking restrictions or prohibitions. Second, Section 22-20 relating to the authority to impound vehicles has been amended to add a new subsection (c) to make it unlawful for any person to abandon a vehicle on any public right-of-way or on property other than his own without the consent of the owner or lessee of the property. 8. Second Reading of Ordinance No. 16, 1985, Appropriating Prior Year Reserves and Anticipated Revenues in the Conservation Trust Fund and Authorizing the Transfer of Appropriations Between Projects. This ordinance was unanimously adopted on First Reading on February 5 and appropriates available lottery money in the Conservation Trust Fund in order to establish a revised 1985 budget for the Conservation Trust Fund. When the 1985 budget was adopted by Council, only a small portion ($50,000) of the available resources from the Conservation Trust Fund (Lottery funds) was appropriated. It was felt that the Council Open Space Subcommittee would probably be making specific recommendations for funds, which have been received, and would make additional recom- mendation§s, based upon actual resources available in the Conservation --Trust- those revenues were officially known. This ordinance appropriates $404,000 for expenditure in the Conservation Trust Fund. 9. Second Reading of Ordinance No: 17, 1985, Appropriating Unanticipated Revenue of $6,500 in the Transportation Fund for the SAINT Program. SAINT, a volunteer transportation service matching seniors (60+) in need of transportation with volunteer drivers, has received a $6,500 grant from the Larimer County Human Resource Committee for program 1 February 19, 1985 operations. This ordinance was unanimously adopted on First Reading on February 5 and appropriates the $6,500 of unanticipated grant revenue in the Transportation Fund for the SAINT program. 10. Second Reading of Ordinance No. 18, 1985, Appropriating Unanticipated Grant Revenue of $1.440 in the Cultural Services and Facilities Fund or This Ordinance was unanimously adopted on First Reading on February 5. The Fort Collins Museum applied for and was awarded, on December 3, 1984, a $1,440 Local Assistance grant by the Colorado Historical Society. The Local Assistance Program is funded annually by appro- priation of the Colorado General Assembly to provide technical and financial assistance to local historical societies and museums throughout Colorado. The grant funds will enable the Museum to hire a temporary, part time employee to help inventory the Museum's collection of historical items. The period of employment will be from January 7 through April 26, 1985. The inventory will provide an accountability of the Muse- um's items on record, and lead to the development of a location file, which will simplify retrieval of an individual item from among the 20,000 in the collection. 11. Second Reading of Ordinance No. 19, 1985, Vacating Two Utility and I Access Easements and a Portion of the migh DitchEasement in River- side Sh000ino Center Filina II_ Riverside Shopping Center Subdivision, Filing Two, was approved by the Planning and Zoning Board on July 23, 1984. At that time the devel- oper (Osprey, Inc.) had not prepared a final site plan for the center. (Since this is a straight subdivision and not a P.U.D., the developer is not required to submit a site plan for approval, except as required for a building permit.) The developer has currently developed a site plan and many of the easements, as platted, interfere with his new plan. As a result, the developer is requesting that the City vacate some of the platted easements to accomodate his current site plan and accept the replacement easements and additional right-of-way. All utilities�iMsve been notified of the request and have indicated no problems. 12. Second Reading of Ordinance No. 20, 1985, Vacating a Portion of a Drainage Easement in Tract B, Brown Farm Third Filing. This Ordinance was unanimously adopted on First Reading on February 5. The Developer of Drake Crossing Auto Center, a P.U.D. (Fort Collins Car Wash Partnership), is requesting the vacation of a portion of an existing drainage easement to accommodate an island for gas pumps. _99_ 1 u February 19, 1985 The developer has dedicated, as part of their P.U.D., an additional easement to accomodate the detention lost by this vacation. All the utilities have been notified of this vacation request and have indi- cated no problems with it. 13. Hearing and First Reading of Ordinance No. 21, 1985, Zoning Property Known as the CSU Bull Farm into the B-P, Planned Business, and R-P, Planned Residential, Zoning Districts. The petitioner, Colorado State University and its agent, Larsen Associates Professional Corporation, is requesting a rezoning on behalf of the property owner, the State Board of Agriculture, of approximately 43.73 acres located north of West Elizabeth Street, west of City Park Avenue and east of Skyline Drive, an area commonly referred to as the Bull Farm. Actually, the rezoning action is an initial zoning since the property is not presently zoned within the city limits. The City has no zoning, ie., land use control, over property owned by the State of Colorado and used for governmental: purposes within the city limits. The specific zoning request for the 43.73 acres is to place approxi- mately 8.69 acres into the B-P, Planned Business, zoning district and approximately 35.04 acres in the R-P, Planned Residential, zoning district. The tract to be placed in the B-P zone is located at the southeastern' corner of the property, northwest of the Elizabeth/City Park intersection. The remainder of the property will be placed in the R-P zone. 14. Hearing and First Reading of Ordinance No. 22, 1985, Relating to the Correction of a'n Error in Ordinance No. 161, 1984 Providing for the Issuance and Sale of City of Fort Co lens, o orado, Industrial Development Revenue Bonds. (the Dixon Associates ro.iect This Ordinance makes a minor change to the original ordinance that authorized the issuance and sale of IDRB's for the Dixon Associates project. The Ordinance requires repayment to be made in 46 semi-annual install- ments rather than 30 as originally drafted. 15. Hearing and First Reading of Ordinance No. 23, 1985 Prior Year Reserves in the Golf .Fund for Capital Equi , Appropriating )ment Purchases, The purpose of this ordinance is to appropriate $45,000 of undesig- nated prior year reserves in 'the Golf Fund for the outright purchase of capital equipment, rather than lease/purchase the equipment as was 1 -100- February 19, 1985 ' originally intended. When the 1985 Golf Fund budget was adopted by Council, it was our intent to lease/purchase the necessary new and replacement capital equipment. However, since that time, we have been reviewing our financial condition, and recommend purchase of the 1985 equipment rather than lease/purchase. 16. Hearing and First Reading of Ordinance No. 24, 1985, Reappropriating 1984 Street Oversizing Funds for the Completion of Traffic Signal Projects. 17 Traffic signal projects which are associated with new development are funded by the Street Oversizing Fund. When a new traffic signal is identified as necessary due to new development, the proposal is presented to the City Manager for approval and, once approved, the project is set up as a separate program in the Street Oversizing Fund. The following two traffic signal projects were established in 1984 and not completed by year-end. Horsetooth Road/Shields Street Total Budget $37,000 t Encumbered 17,772 TO BE RE -APPROPRIATED $19,228 Swallow Road/McClelland Total Budget $32,000 Encumbered 16,323 TO BE RE -APPROPRIATED $15,677 This ordinance will re -appropriate the unencumbered funds from 1984 for expenditure in 1985 in order to complete these traffic signal projects. Hearing and First Reading of Ordinance No. 25, 1985, Appropriating Unanticipated Revenue o 00 in the Capita Projects Fund fort e Purchase of CaDital EaulDment for Transfort. On September 4, 1984, City Council approved Resolution 84-126, au- thorizing the execution and filing of a Section 9A grant under the Urban Mass Transportation Act of 1964. This grant provides the City of Fort Collins with capital assistance in the amount of $216,000 for the purchase of two 30-foot lift -equipped transit coaches and compu- ter/office automation hardware and related software. The City's 1 February 19, 1985 required match of $54,000 is available in the Capital Projects Fund from savings generated on the Transfort Facility project, and has been reprogrammed for this purpose. The City has received formal notifi- cation of this grant award. This ordinance appropriates the $216,000 of unanticipated grant revenues in the capital project fund. 18. Hearing and First Reading of Ordinance No. 26, 1985, Appropriating Unanticipated Revenue in t e U ec nica tudies Fund or ransit Studies. On September 4, 1984, City Council approved Resolution 84-127, au- thorizing the filing and execution of a Section 9 grant under the Urban Mass Transportation Act of 1964. This grant provided the City of Fort Collins with operating assistance for the calendar year 1984, as well as planning projects assistance in the amount of $18,400 for the development of a five-year transit development program and a park' and ride study. The City's required match of $4,600 will be furnished in the form of in -kind services. The City has received formal notifi- cation of the grant award. This ordinance appropriates the $18,400 of unanticipated grant revenues in the UMTA technical studies fund. 19. Items Relating to Larimer County Library Services. A. Resolution Authorizing the Mayor to Enter into an Intergovern- mental Agreement with Larimer County for the Purpose of Providing Library Services to Residents of Larimer County. This is an Agreement for the City to continue to provide Larimer County residents with general library services during 1985. The City's Library will provide substantially the same services to resi- dents of Larimer County which are presently rendered to residents of the City. For these services, Larimer County will contribute $92,580 to the City. This is an increase of $14,628 over the amount paid by the County to the City in 1984. B. Resolution Authorizing the Mayor to Enter into an Intergovern- --_ mentala= reement with Larimer County for the Purpose of Providing Library Outreach Services to Residents of Larimer County. This is an Agreement for the City to continue to provide library outreach services to residents of Larimer County in 1985. Under this Agreement, the City will continue to develop and implement a Library Outreach Program to serve the handicapped, elderly, and other isolated persons in the City's service area within Larimer County, both within and without the City limits of the City of Fort Collins. The City will receive $9,258 from the County for these services. -102- February 19, 1985 20. Resolution Authorizing the Mayor to Enter into an Agreement with Larimer Countv for the Transfer of Property and AssumDti6o of Certain This Resolution would authorize the Mayor to enter into an agreement with the County which provides that the County will transfer title to the 10 acre property known as the North Shields Maintenance Facility located on North Shields Street between the Poudre River and the City's North Shields Pond Natural Area at the time that the County vacates the site as a maintenance facility. In consideration for the transfer of the property, the City would assume certain routine maintenance responsibilities for McMurray Ponds, a recreational site for fishing and picnicking located on a twenty-five acre site northwest of Lee Martinez Park, for a period of ten years. Staff estimates that the initial preparation cost to the City for McMurray Ponds would be approximately $3,000.00. The yearly routine maintenance cost would be approximately $6,000.00 and would include clean-up, posting of signs, minor earth work and trash removal. 21. Resolution Making Findings and Setting Forth the Conditions for ai Approval of the Renssance Center PUD Preliminary Plan. On February 12, 1985 the Council heard an appeal of the December 14, 1984 decision of the Planning and Zoning Board regarding the Renais- sance Center PUD. The Council, after reviewing the evidence and hearing the testimony of the developer and neighborhood residents concluded that it was appropriate to approve the preliminary plan under certain conditions. Those conditions include a limitation on the number of units and their dimension; the deletion of fireplaces or the installation of natural gas type fireplaces only; and, the en- closure of parking spaces underneath the building. The developer has consented to these conditions and also has agreed to construct all first floor units so that they are adaptable for occupancy by the --handicapped._ 22. Resolution Apprdving a Temporary Use Permit with the Northern Colorado Water Conservancy District for 348 acre-foot units of CBT Water. This Resolution authorizes the Mayor and City Clerk to execute a Temporary Use Permit with the Northern Colorado Water Conservancy District (NCWCO), allocating the use of 348 acre-foot units of CBT water to the City. -103- 11 [1 February 19, 1985 These 348 acre-foot units of CBT water were previously transferred to the City by developers. The NCWCD requires that water held under Temporary Use Permits be renewed each year. Periodically, all NCWCD water owned and used under Temporary Use Permits can be converted to use under a permanent contract. 23. Resolution Approving a Renewal Rider with the Union Pacific Railroad for a Power Llne. The City has received a renewal rider for a power line agreement with the Union Pacific Railroad. In 1947, the City entered into an agree- ment with the Union Pacific which covered the powerline on and across the railroad right of way located at Jefferson and Linden Streets. Since the powerline is still in use, the Light and Power Utility requests that this agreement be renewed. Union Pacific has prepared the Renewal Rider which extends this agreement until September 18, 1992. There is no charge for this extension of the agreement. The overhead line will remain in use until the area it serves is redeveloped, at which time the line will be converted to an under- ground installation. 24. Resolution Authorizing the Ci Services Agreement with Centen Management Services for the Reconstruction Project. Manager to Enter into a Professional al Engineering, Inc. for Construction imberltne and Prospect Intersection This Resolution authorizes the City Manager to enter into a profes- sional services agreement with Centennial Engineering, Inc. for the engineering services required for construction management of the Timberline and Prospect Intersection Reconstruction Project. The Timberline And Prospect Intersection Project is one of the 1985 essential Capital Improvement Projects approved by the City Council. The final design for the project is complete and the major parcels of right-of-way necessary for construction have been acquired. The ap- proved budget for the construction phase of the project is $1,574,000. Of this total, $500,000 was budgeted in 1984 and S1,074,000 was budgeted in 1985. 25. Resolution Creating and Authorizi Natural Resources Advisory Board s to the Fort Collins On December 11, 1984, staff recommended to Council that a Natural Resources Advisory Board (NRAB)be established in the City of Fort Collins to advise the City Council and help the staff analyze various natural resources issues and to aid and guide the development of city-wide natural resources programs to address currently existing and potential natural resources and environmental issues. -104- W February 19, 1985 ' The staff recommends that a Natural Resources Advisory Board be a standing committee and that the Council appoint, perhaps nine (9), and two (2) alternates, representatives from within natural resources areas and the community at large. Interviews could be completed so that appointments could be made in March. Resolution Authorizi Lease the Old Power P g the City Manager to Enter into an Agreement to ant to the Poudre River Trust. The Poudre River Trust has requested that the City lease the Old Power Plant to them for uses supportive of establishing the Power Plant as a visual arts center. This resolution would authorize the City Manager to enter into a lease agreement with the Trust for this purpose. The Poudre River Trust has selected the Power Plant project as their priority project for 1985. The renovation of the Power Plant into ai space that will be heavily used by people will serve as a catalyst for further development and activity along the Poudre River. 27. Items Relatinq to Anheuser-Busch Land Exchanqes. A. Acceptance of Easements and Dedications from Anheuser-Busch. B. Resolution Authorizing Option and Transfer of Land, and Conveyance ' of Easements to Anheuser-Busch. The following are routine easements and land transfers which are called for in the City/Anheuser-Busch Master Agreement adopted by the City Council on December 14, 1982. r Anheuser-Busch is providing: o A 50 foot wide utility corridor (easement) west of the Burlington Northern railroad tracks. o A 60 foot wide frontage road deed of right-of-way. o A 2.4 acre electrical substation site. The City will provide to Anheuser-Busch: o Easements for the A-B process waste line across Roselawn Cemetery and Riverbend Ponds. o An option to purchase 4.6 acres of land at Wastewater Treatment Plant N2. -105- I ' February 19, 1985 The documents have been reviewed and approved by the following City departments and other agencies: Natural Resources, City Engineer, Light and Power, Water and Sewer, Parks and Recreation, Public Service Company, Platte River Power Authority and Mountain Bell, and the City legal and right-of-way staff. 28. Appeal of the Pier PUD 5th Amendment, tabled to March 19, 1985. The 5th Amendment to the Pier PUD was denied by the Planning and Zoning Board at their December 17, 1984 meeting. This denial was subsequently appealed by Osprey, the developer, and scheduled for the January 15, 1985 Council meeting. At that meeting, the appeal was tabled to the February 19, 1985 meeting to give the appellant time to try to satisfy the concerns of the Planning and Zoning Board. At this time, the appellant has not decided whether to make design changes and seek Planning and Zoning Board approval or to pursue the appeal. Staff therefore recommends this item be tabled again, to the March 19, 1985, meeting. 29. Routine Deeds and Easements. The following are routine deeds and easements which have been reviewed ' and approved by the affected departments and legal staff. a. Deed of Easement from Poudre Fire Authority for Timberline Road Right -of -Way. The Poudre Fire Authority is in the process of purchasing a site for Fire Station y6, which is located on the proposed alignment for Timberline Road north of Highway 14. In the site selection process, it was identified early on that the City and the Authority would both benefit if the Fire Station was designed to use Timberline Road as a major response route when constructed. This need has been incor- porated into the design, and as a result, the City is purchasing the needed Timberline Right-of-way from the Authority for the appraised price. Funds for right-of-way acquisition have been approved in the ---1985;_bujgel for the Timberline -Prospect to Summitview right-of-way. The City's share for the 50,922.7 square feet of right-of-way is $61,475.41. An additional $2,210 is needed to cover the Timberline design cost across this site. Therefore, the total cost to the Timberline project is $63,685.41. This approach has received the approval of the Poudre Fire Authority Board.. b. Powerline Easement from Mabel F. Baetz needed to underground an existing overhead line to accommodate new construction in Pon- derosa Park PUD. Consideration: $1. -106- February 19, 1985 c. Powerline Easement from Chester C. Smith and James H. Stewart for construction of an electric line to provide power to O1 North Howes Street and future development. Consideration: $1. d. Street Easements from Everitt Lumber Company in Oak Ridge Business Park, dedicating Oak Ridge Drive, Wheaton Drive, Keenland Drive, and Rule Drive. These streets are to be constructed as part of the Oak Ridge Special Improvement District. e. Two utility easement dedications from George A. and Nadine Holter, and George Holter. These underground utility easements will be utilized forte construction of an electric duct bank and natural gas lines to serve the Anheuser-Busch site and other development in northeast Fort Collins. The two easements parallel the north- western right of way line of the Burlington Northern Railroad between Vine St. and the Larimer Weld Canal. Consideration for each easement is $0.125 per square foot. In addition, attorney fees and damages will be reimbursed. Approximately two thirds of this cost will be paid by Public Service Co. 1. George A. and Nadine Holter - Consideration is $2,909. 2. George Holter - Consideration is $924. f. Ditch crossing agreement with the Almeda Springer Trust and James Hoffman as owners of the Coy Ditch, to install an underground electrical duct bank connecting the power plant and East Vine circuits. The ditch crossing is located on Linden Street north of Buckingham Street. Consideration: $750. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item H5. Second Reading of Ordinance No. 194, 1984, Annexing Approximately 2.96 Acres Known as the Sheridan First Annexation. Item p6. Second Reading of ,Ordinance 2.96 TEres, Known as!.the Sher .-____,Res,1_deUtPial Estate, Zoninq Dii Item N7. Second Reading of Ordinance No. of the Code of the City of Fo Traffic Code for Colorado Munici 195, 1984, Zoning Approximately n First Annexation into the R-E, ct. 14, 1985, Amending Section 114-2 t Collins Relating to the Model a ities , 1977 Edition. Item H8. Second Reading of Ordinance No. 16, 1985, Appropriating Prior Year eserves and nticipated Revenues in the Conservation Trust Fund and Authorizing the Transfer of Appropriations Between Projects. -107- February 19, 1985 ' Item #9. Second Reading of Ordinance No. 17, 1985, Appropriating Unantici- pated Revenue of $6,500 in the Transportation Fund for the SAINT Program. Item #10. Second Reading of Ordinance No. 18, 1985, Appropriating Unantici- pated Grant Revenue of $1,440 in the Cultural Services and Facilities Fund for the Museum. Item #11. Second Reading of Ordinance No. 19, 1985, Vacating Two Utility and Access Easements and a Portion of the mig Ditch Easement in Riverside Shopping Center Filing II. Item #12. Second Reading of Ordinance No. 20, 1985, Vacating a Portion of a Drainaqe Easement in Tract B. Brown Farm Third Filinq. Items on First Reading were read by title by Wanda Krajicek, City Clerk. Item #13. Hearing and First Reading of Ordinance No. 21, 1985, Zoning, Property Known as the CSU Bullarm into the B-P, Planned usi ness, and R-P. Planned Residential, Zoninq Districts. Item #14. Hearing and First Reading of Ordinance No. 22, 1985, Relating to the Correction o an Error in Ordinance No. , 98 Providing for the Issuance and Sale of City of Fort Collins, Colorado, ' Industrial Project Development Revenue Bonds (the Dixon Associates Item #15. Hearing and First Reading of Ordinance No. 23, 1985, Appropri- ating Prior Year Reserves in the Golf Fund for Capital Equipment Purchases. Item #16. Hearing and First Reading of Ordinance No. 24, 1985, Reappropri- ating 1984"Street Oversizing Funds for the Completion of Traffic 3-ig—na-T Projects. Item #17. Hearing and First Reading of Ordinance No. 25, 1985, Ap ropri- ating Unanticipated Revenue of 16,0 0 in the Capital Projects Fund for the Purchase of Capital Equipment Tor Iranstort. Item #18. Hearing and First Reading of Ordinance No. 26, 1985, Appropri- ating Unanticipated Revenue in the UMTA Technical Studies Fund for Transit Studies. Councilmember Knezovich made a motion, seconded by Councilmember Ohlson, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. 'Ordinance Amending Ordinance No. 161, February 19, 1985 1984 Relating to the Issuance of Industrial Development Revenue Bonds for the Dixon Associates Project, Adopted on First Reading Following is the staff's memorandum on this item: "Attached is a letter from Luke Santangelo, Esq. of Fischer, Brown, Huddle - son & Gunn explaining the need for this Ordinance. Staff agrees with Mr. Santangelo that the change could probably be done administratively, and we also agree with taking the conservative approach of doing the amendment via this Ordinance." Councilmember Knezovich asked the record to show he did not participate in the discussion or vote on this item. Councilmember Stoner made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 22, 1985 on First Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Ohlson, Rutstein, and Stoner. Nays: None. (Councilmember Knezovich withdrawn) THE MOTION CARRIED. ' Ordinance Appropriating Unanticipated Revenue of $216,000 in the Capital Projects Fund for the Purchase of Capital Equipment for Transfort, Adopted on First Reading Following is the staff's memorandum on this item: "On September 4, 1984, City Council approved Resolution 84-126, authorizing the execution and filing of a Section 9A grant under the Urban Mass Trans- portation Act of 1964. This grant provides the City of Fort Collins with capital assistance in the amount of $216,000 for the purchase of two 30-foot lift -equipped transit coaches and computer/office automation hardware and related software. The City's required match of $54,000 is available in the Capital Projects Fund from savings generated on the Transfort Facility project, and has been reprogrammed for this purpose. The City has received formal notification of this grant award. This ordinance appropriates the $216,000 of unanticipated grant revenues in the capital project fund." Councilmember Ohlson made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 25, 1985 on First Reading. -109- ' ' February 19, 1985 Bruce Lockhart, 2500 East Harmony Road, asked if some of these funds could be used to retrofit the City's existing buses with lifts rather than purchase two new buses. Councilmember Clarke replied in the affirmative, but noted the need was greater for back-up buses other than the GM buses that have experienced high operation and maintenance costs. He noted Care -A -Van was available and more convenient for most handicapped individuals. He added the two new lift -equipped buses would provide additional options in terms of serving the City's handicapped population. Councilmember Knezovich suggested the $216,000 be sent back to the federal government to be applied to the deficit. Councilmember Rutstein felt this was a good use of federal funds. The vote on Councilmember Ohlson's motion to adopt Ordinance No. 25, 1985 on First Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Ohlson, Rutstein, and Stoner. Nays: Councilmember Knezovich. THE.MOTION CARRIED. ' Resolution Making Findings and Setting Forth the Conditions for Approval of the Renaissance Center PUD Preliminary Plan, Adopted Following is the staff's memorandum on this item: "On February 12, 1985 the Council heard an appeal of the December 14, 1984 decision of the Planning and Zoning Board regarding the Renaissance Center PUD. The Council, after reviewing the evidence and hearing the testimony of the developer and neighborhood residents concluded that it was appro- priate to approve the preliminary plan under certain conditions. Those conditions include a limitation on the number of units and their dimension; the deletion of fireplaces or the installation of natural gas type fire- place _only-;._ bitp,.the enclosure of parking spaces underneath the building. The developer has consented to these conditions and also has agreed to construct all first floor units so that they are adaptable for occupancy by the handicapped." Councilmember Stoner asked the record to show he did not participate in the discussion or vote on this item. Councilmember Elliott made a motion, seconded by Councilmember Clarke, to adopt Resolution 85-32. -110- February 19, 1985 Gary Goss, 2223 Mathews, clarified that the limitation was 97 units and the limitation on size was the footprint of 4 of the smaller buildings. Councilmember Clarke replied in the affirmative and added the limitation also applied to height of the buildings as indicated in the elevations. The vote on Councilmember Elliott's motion to adopt Resolution 85-32 was as follows: Yeas: Counci I members Clarke, Elliott, Horak, Knezovich, Ohl son, and Rutstein. Nays: None. (Councilmember Stoner withdrawn) THE MOTION CARRIED. Resolution Creating and Authorizing Appointments to the Fort Collins Natural Resources Advisory Board (NRAB), Adopted Following is the staff's memorandum on this item: "On December 11, 1984, staff recommended to Council that a Natural Re- sources Advisory Board (NRAB) be established in the City of Fort Collins to advise the City Council and help the staff analyze various natural resources issues and to aid and guide the development of city-wide natural resources programs to address currently existing and potential natural resources and environmental issues. The City formed the Department of ' Natural Resources in August, 1984 to develop natural resources and environ- mental protection programs in the areas of vegetation and wildlife, hazard- ous materials and wastes, recycling, composting, air and water quality and other related areas. The staff recommends that a Natural Resources Advisory Board be a standing committee and that the Council appoint, perhaps nine (9), and two (2) alternates, representatives from within natural resources areas and the community at large. Staff is aware of 15-20 good candidates for the advisory committee and will upon direction from the Council, send out letters of invitation with applications to identified prospective candi- dates. Staff will also prepare and send out announcements to the media. If the Council wishes, interviews could be completed so that appointments _.. ...caul d..be:made-in,.J;arch." Councilmember Rutstein made a motion, seconded by Councilmember Stoner, to adopt Resolution 85-28. Councilmember Ohlson asked if the Council or staff would be conducting interviews for this Board. City Manager Arnold replied Council would be conducting interviews and making the appointments. -111- February 19, 1985 ' Councilmember Knezovich asked about the size of the Board. He felt the recommended nine -member Board with two alternates was too large. Councilmember Knezovich made a motion, seconded by Councilmember Horak, to amend the Resolution to reflect a Board membership of seven rather than nine. Yeas: Clarke, Horak, and Knezovich. Nays: Elliott, Ohlson, Rutstein, and Stoner. THE MOTION FAILED. The vote on Councilmember Rutstein's motion to adopt Resolution 85-28 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Authorizing the City Manager to Enter into an Agreement to Lease the Old Power Plant to the Poudre River Trust, Adopted Following is the staff's memorandum on this item: "The Poudre River Trust has requested that the City lease the Old Power ' Plant to them for uses supportive of establishing the Power Plant as a visual arts center. This resolution would authorize the City Manager to enter into a lease agreement with the Trust for this purpose. The Poudre River Trust has selected the Power Plant project as their priority project for 1985. The renovation of the Power Plant into a space that will be heavily used by people will serve as a catalyst for further development and activity along the Poudre River. r , During the term of the proposed lease, 18 months, the Trust would be allowed to use and to sublease the Power Plant for any purpose that they determined to be in the best interest of the community. Any revenue gen- erated from use of the Power Plant would be available to the Trust to further their efforts in restoring the Poudre River as an asset to the downtown and to the community. Under the terms of the lease, the Trust would be responsible for mainte- nance of the portion of the Power Plant that they occupied and would be responsible for a proportionate share of the utility costs for the buil- ding. The Trust will be required to make some improvements to the building prior to occupancy and the City will determine what if any other improve- ments would be required when and if the Trust leased a portion of the premises to some other organization. Occupancy without full building and fire code compliance will only be allowed for the 18 month term of this lease. -112- February 19, 1985 Staff has reviewed the concept of leasing the Power Plant to the Trust and believes that this is an excellent way to continue working on the concept of turning the building into a visual arts center. The lease will show support for the project by the City without giving up control or ownership of the building. This support will help the people involved in the project get grants and other financing since it will show that the City does believe that the project is in the best interest of the community and if ultimately determined to be feasible one that the City Council would support." Councilmember Stoner made a motion, seconded by Councilmember Elliott, to adopt Resolution 85-31. Bruce Lockhart, 2500 East Harmony Road, expressed his concerns about the public process being used to make this decision and the fact that the feasibility study was not complete. He questioned the need for another visual arts center. Mayor Horak noted bids had been sought for uses of the Power Plant in 1981 and that only one response had been received. He felt that had been a very open public process. He spoke of the additional public meetings held to discuss the concept and pointed out the lease was only for 18 months, not unlimited. Gene Mitchell, Poudre River Trust, meetings, etc., held to discuss this Poudre River Trust concept. spoke of the long series of public visual arts center concept and the The vote on Councilmember Stoner's motion to adopt Resolution 85-31 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner.' Nays: None. ' THE MOTION CARRIED. Citizen Participation a. Proclamation Naming February 18 - 23 as Engineers Week was accepted by Wayne Irelan, 3105 Shore Road, representing the Consulting Engineers Council of Colorado. b. Proclamation Naming March 3 - 10 as Volunteers of America Week was for -warded to the appropriate persons. c. Proclamation Naming March 3 - 9 as National Women's History Week was accepted by Ruth Bolinger on behalf of the women of Fort Collins who are interesed in their heritage and future opportunities. -113- ' February 19, 1985 d. Proclamation Naming March 3 - 9 as American Association of University Women Week was accepted by Ruth Bolinger on behalf of the local branch of AAUW. e. Proclamation Naming March 3 - 9 as Save Your Vision Week was forwarded to the appropriate persons. f. Recognition of Lincoln Center Volunteers. Dave Siever, Arts Facility Manager, introduced or read the names of approximately 175 volunteers, donors, and committees of the Lincoln Center. Mayor Horak expressed Council's appreciation and thanks to the indi- vidual and corporate donors and to the many volunteers and committee members who contribute their time and energy to the Lincoln Center. Items Relating to Anheuser-Busch Land Exchanqes Following is the staff's memorandum on this item: "A. Acceptance of Easements and Dedications from Anheuser-Busch. ' B. Resolution Authorizing Option and Transfer of Land, and Conveyance of Easements.to Anheuser-Busch. The following are routine easements and land transfers which are called for in the City/Anheuser-Busch Master Agreement adopted by the City Council on December 14, 1982. Anheuser-Busch is providing: o A 50 foot wide utility corridor (easement) west of the Burlington Northern railroad tracks. o A 60 foot wide frontage road deed of right-of-way. o A 2.4 acre electrical substation site. The City will provide to Anheuser-Busch: o Easements for the A-B�process waste line across Roselawn Cemetery and Riverbend Ponds.', o An option to purchase 4.6 acres of land at Wastewater Treatment Plant H2. -114- February 19, 1985 The documents have been reviewed and approved by the following City depart- ' ments and other agencies: Natural Resources, City Engineer, Light and Power, Water and Sewer, Parks and Recreation, Public Service Company, Platte River Power Authority and Mountain Bell, and the City legal and right-of-way staff. With reference to the locations on the attached Anheuser-Busch Land Ex- change Maps (Exhibit I), and the letter to John Arnold from Len Mooradian, Project Executive for Anheuser-Busch, we provide the following background. Items 1, 2, and 3 require Council acceptance by motion, and Items 4 and 5 require adoption of an authorizing Resolution, as attached. 1) Utilities to serve the brewery are planned to be located in a 50 foot wide corridor (easement) west of and parallel to the Burlington North- ern Railroad tracks (Exhibit II). This corridor containing 6.7604 acres is being dedicated by Anheuser-Busch. A-B is reserving the right to install some of their facilities in the corridor. 2) Anheuser-Busch is deeding a 60 foot wide right-of-way one mile long for a frontage road along I-25, containing 8.45 acres of land. Anheuser- Busch is reserving the right to cross the road in three locations with their facilities. (Exhibit II) 3) Anheuser-Busch will dedicate to the City, the area necessary for an electrical substation at the north end and west of and adjacent to the ' utility corridor. The site contains 2.3990 acres. (Exhibit II) 4) Anheuser-Busch will construct a process waste water line about 5 1/2 miles long from the brewery to the City Wastewater Treatment Plant No. 2. They have optioned all the necessary easements except those which cross City lands. Two City easements are required by Anheuser-Busch. One is a 20 foot wide easement across the north end of Roselawn Ceme- tery, along with a 20 foot wide construction easement (Exhibit III). A value of $3 per lineal foot has been placed on this easement. The process waste line to be installed will not occupy any space planned for future burials. A second easement from the City for the process waste line is required - --south-of' KU4;{y*rry and east of the Timberline extension. The line would be parallel with an existing Boxelder sewer line which lays along the north and east side of City park land known as the Riverbend Ponds. A value of $1.50 per lineal foot has been placed on this easement. This is shown on (Exhibit IV). 5) It was contemplated. at the time of writing the master agreement that A-B would build a process wastewater pretreatment facility adjacent to the City Wastewater Treatment Plant No. 2. Whether or not this facil- ity is needed at this time is still under design investigation by A-B -115- February 19, 1985 and the vided to City. The City staff believes a A-B without any future impact on 4.6449 acre site can be pro- expansion requirements at the ' plant. The City Water Board has been advised of this at their January meeting and will consider this in more detail at their February 15 meeting and advise the City Council of their review. This site is shown on (Exhibit V). A-B has had an MAI appraisal of the proposed site completed with concurrence of the City. The current value placed upon the site is $25,000. A-B desires to enter into an OPTION TO PURCHASE AGREEMENT for the site for a period of five years, with a five year extension clause. If the purchase is not made during the first year a new appraisal is required to determine the purchase price at the time the option is intended to be exercised. This land is presently leased by Sterling Sand and Gravel Company, but the City has the right to terminate any part of the lease upon 60 days notice. The lands covered by the easements and deeds have all been surveyed and' mapped by James H. Stewart and Associates." Councilmember Ohlson asked if there was another option to running the easement across Riverbend Ponds. City Manager Arnold noted the line went around the edge of the ponds and parallels a Boxelder sewer line. He noted A-B had agreed to restore any disturbance, including the vegetation. He added staff was working to change the route of the waste line to the Cooper Slough storm drainage area. That storm drainage area study will not be completed for another two months but staff will continue to work with A-B to have the line placed i-n that corridor. Director of Natural Resources Roger Krempel spoke of the alignment for the processed waste line noting other alternatives had been considered. He spoke of the obstacles on the other alignments and noted this route was the last resort but did not preclude further work on the Cooper Slough route. Councilmember Clarke made a motion, seconded by Councilmember Stoner, to accept the easements and dedications from Anheuser-Busch. Yeas: Council - members Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Knezovich made a motion, seconded by Councilmember Stoner, to adopt Resolution 85-29. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. -116- February 19, 1985 ' Ordinance Adopting "Colorado Model Energy Efficiency Construction Standards for Non -Residential Buildings", Adopted on Second Reading Following is the staff's memorandum on this item: "This ordinance was adopted on First Reading on February 5 by a 6-1 vote. The City of Fort Collins presently has no energy conservation stan- dards that apply to commercial construction. Upon direction from Council, staff has compared the Colorado Model Energy Efficiency Construction and Renovation Standards for Non -Residential Buildings with our current resi- dential requirements. The state model document for new commercial con- struction is somewhat less restrictive than our residential energy code in the specific provisions for exterior envelope insulation. But the State code goes beyond thermal envelope performance and includes all of the building's energy -consuming equipment as well. Staff has proposed adopting the complete non-residential package contained in the State model document (with minor changes). It is felt that the time has come for Fort Collins to formalize its total energy policy strategy and adopt the State standard into a local code, rather than to rely on volun- tary compliance. Voluntary compliance has proven much less effective with I commercial buildings than residential because energy concerns and costs can typically be passed on to the tenants." Councilmember Elliott made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 13, 1985 on Second Reading. City Manager Arnold noted Felix Lee,had written to approximately 60 devel- opers to invite them to discuss this matter and had received no response. The vote on Councilmember Elliott's motion to adopt Ordinance No. 13, 1985 on Second Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance Appropriating Prior Year Reserves in the General Fund and Unanticipated Revenue in the Light and Power Fund, Adopted on Second Reading Following is the staff's memorandum on this item: -117- ' February 19, 1985 "On October 20, 1984, the City began a more concentrated cable TV support program by creating the full-time position of "Cable Support staff person". Among the services provided by this position are support for the Public Access Advisory Board, support for the Cable Advisory Board, liaison with Columbine CableVision and departmental support in the areas of cable use and technology and programming to be aired over the municipal channel. Funding for this position will be provided by the General Fund and the Light and Power Fund. The estimated direct cost of S25,000 will be appropriated from the General Fund's reserves. This amount is approx- imately equal to the Use Taxes paid to the City by Columbine Cable - Vision in 1984. At the end of 1984, these funds lapsed into General Fund reserves. The costs associated with management support and facilities for this position are being provided by the Light and Power Utility through their existing budget. This ordinance was adopted on First Reading on February 5 by a 5-2 vote and appropriates the $25,000 from prior year reserves in the General Fund for transfer to the Light and Power Fund, and appropriates this unanticipated revenue in the Light and Power Fund for expenditure." Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 15, 1985 on Second Reading. ' Councilmember Knezovich urged defeat of the ordinance noting he felt Light & Power should not subsidize the cable TV function. He felt this should be the function of general government. The vote on Councilmember 61arke's motion to adopt Ordinance No. 15, 1985 on Second Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Rutstein, and Stoner. Nays: Councilmembers Knezovich and Ohlson. THE MOTION CARRIED. Resolution Making Appointments to Various Boards and Commissions. Adopted -Following=is-_tbe;;taff's memorandum on this item: "A vacancy currently exists on the Commission on Disability due to the resignation of Timothy Kientz. The board liaison has conducted interviews for the vacancy. A vacancy also exists on the Human Relations Commission due to the resigna- tion of Dennis Gatlin. The board liaison has reviewed the applications that were submitted as well as the applications currently in the active file. -118- February 19, 1985 ' A third vacancy exists on the Library Board due to the resignation of Thomas Sigl. Lastly, a vacancy currently exists on the Liquor Licensing Authority due to the resignation of Wally Bujack. The board liaison has conducted inter- views for the vacancy. Recommendations for each of these vacancies will be forwarded.under sepa- rate cover." Councilmember Ohlson recommended the name of Ted May be inserted for the Commission on Disability. Councilmember Rutstein recommended the name of Paula Christina be inserted for the Human Relations Commission and Polly Walters for the Library Board. Councilmember Knezovich recommended the name of Mayo Sommermeyer be in- serted for the Liquor Licensing Authority. Councilmember Ohlson made a motion, seconded by Councilmember Rutstein, to adopt Resolution 85-30 inserting the names as recommended. Yeas: Council- membersI Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Items Relating to Oak Park Residential Project Following is the staff's memorandum on this item: "A. Hearing and First Reading of Ordinance No. 27, 1985, Issuing $510,000 Tax Increment Notes. These notes will be issued directly to Jack and Elsie Russell and are —subordinati_,�o payment on the debt service for the $8.2 million tax increment bond. B. Hearing and First Reading of Ordinance No. 28, 1985, Appropriating Unanticipated Revenue in the Downtown Development Authority Fund for Construction and Related Expenses of the Oak Park Residential Project. For several years there have been active efforts to locate residential housing on the site now occupied by the Russell-Reager Funeral Home. As early as 1981 Planning and Zoning aproved a high rise residential tower at -119- February 19, 1985 this location. The DDA considers housing to be an important part of the overall development of downtown. To maintain its position as the enter- tainment, cultural, governmental and financial center of the city, the downtown must be a place to live, work and shop. In addition, the presence of downtown residents assists in crime and fire prevention. The Economic Development section of the Comprehensive Plan states the City's desire to "Encourage residential.., development in the northeastern area of Fort Collins, especially downtown." Creation of the Downtown Development Authority and adoption of its Plan of Development further testify to Council's recognition of the need for housing downtown. A goal stated in the Plan of Development is to "Encourage living in the district by providing incentives for residential uses ... to support high -density condominium and townhouse projects." Construction in the central business district is more expensive than in other areas of the city due to the price of land downtown, need for demo- lition of existing structures, and replacement of inadequate infrastructure` services such as sewer and water lines. To encourage development downtown, the DDA provides assistance with construction phases benefitting the general community. The DDA Board of Directors have reviewed the Oak Park Residential Housing proposal and have arrived at an agreement which will provide the greatest benefit to the downtown and the eastside neighborhood, and will also allow the economic incentive to the developer to continue with the project. This agreement provides for the Authority to purchase the land at its appraised value for highest and best use and sell the property to the developer for residential housing at a cost comparable to that outside the downtown. In addition, the DDA will finance demolition and off -site improvements. Clauses in the contract with the developer limit the use of the property to residential housing and provide other safeguards guaran- teeing the development of the property and its "as built" assessed valu- ation. The project has received preliminary and final approval from the Planning and Zoning Board for 43 units, 27 in a mid -rise tower and 16 townhomes fronting on Remington Street. Parking will be located beneath the site with elevator service into the mid -rise facility. The project is designed to blend with and maintain the integrity of the surrounding neighborhood. The DDA budget for the project: Revenues Sale of Land $8.2 Bond Revenues Total Revenues I -120- $320,000' 50,000 $370,000 Expenditures Down Payment on Land Demolition/Improvements Administrative/Issuance Fees First Year Debt Service Total Expenditures $200,000 100,000 20,000 50,000 $370,000 February 19, 1985 The DDA will purchase the property from the Russells for $710,000 with a down payment of $200,000. The $510,000 balance due will be held by the Russells in a tax increment note. Payments on this note will be subordinate to the debt service on the $8.2 million bond." Jim Reidhead, DDA treasurer, presented an overview of the project concept and spoke of similar projects in other communities. He presented slides on the Urban Homesteading project in Baltimore. Barbara Schofield, 1801 Lakeshore Drive, DDA member, spoke on the impor- tance of the downtown and noted residential use in the downtown was totally compatible with the City's goals and activities outlined in the Master Plan. She noted the DDA felt this project offered a lot of opportunity for the downtown and the entire community; discouraged commercialization of the east side neighborhood, and was a quality project. Ron Capella, project developer, presented a scale model of the project and described the materials to be used in the project. He presented slides showing various perspectives of the project. Bill Kingsbury, Executive Director of the DDA, spoke to the financing of the project. Greg Denton, DDA counsel, briefed Council on the contract provisions and noted the property would be restricted to residential use only. Bill Kingsbury spoke of the structures to be demolished to make way for the project noting the current mortuary, a four-plex to the north, two houses to the south on Remington, and one house on Mathews would be razed. He added there were seven tenants in those units. Councilmember Clarke made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 27, 1985 on First Reading. Carol Giger, 425 North Whitcomb, read a letter from her husband, a solar businessman. She expressed concern the project would block solar access to existing homes in the area and urged denial of the project. John Kefalas, 1120 West Myrtle, expressed concern about projects for lower income residents and urged consideration of a blend of low, medium, and high income projects in the downtown. -121- 1 1 fl February 19, 1985 Dick Beardmore, 2212 Kiowa Court, expressed support for the project and noted he felt this was an opportunity for mixed use housing at the upper end of the scale. He spoke of the possibility of other projects following this project. Kathy Phifer, 949 Foxtail, Fort Town representative, encouraged a favorable vote for the project. Ken Bonetti, Core Area Neighborhood representative, urged consideration of a diversity of housing in the downtown, not only higher income. He urged development of specific plans for downtown housing. Bruce Lockhart, 2500 East Harmony Road, spoke of renovation projects done in other cities without public monies. He felt tax increment financing would endanger the City's credit rating and ability to issue its own bonds and would cause the school district to increase their mill levy to offset the loss of the DDA tax increment. He also felt the tax increment policy would increase the cost of police and fire services and questioned why the project could not be build without subsidies. Gene Mitchell, manager of Old Town Project, felt the development of this residential project would enhance his project .and felt the DDA was intro- ducing a high quality of construction into the core area. He urged support of the project. ' Jim Woodward, 400 South Grant, agreed with the goals of revitalizing the downtown, but opposed the project. He felt the project violated the City's solar access policy, opposed the loss of nine rental units to be replaced by 43 units of upper income units, and questioned whether this was a sensible use of public monies. Sandy Lindberg, Poudre Canyon, spoke of the poor condition of City streets and asked how the City justified spending taxpayer's monies for this project while the streets deteriorated and are not routinely maintained. Joe Stern, 1221 LaPorte Avenue, urged Council to obtain a current appraisal on behalf of the City and the seller. He urged postponement of any action until the new appraisal was completed. Christopher 0}stiff' 321 Oak, questioned the energy efficiency of the project and felt the money could be better spent on solar retrofitting. 1 Carol Giger, 425 North Whitcomb, expressed concern over the financing proposed and questioned the wisdom of the DDA selling the land to the developer at such a loss. Dan Shannon, appraiser, spoke to the appraised value of the block needed for expansion of the First Interstate Bank but noted those values were not used as comparables for the appraisal of the land for this project. -122- February 19, 1985 Ron Capella, developer, addressed the concerns over solar access. He noted Planning and Zoning had required a shadow impact study and the December 21st worst case scenario showed the shadow to be removed by 2:00 p.m. The best case scenario on June 21st shows the shadow does not cross the proper- ty line. Planning Director Sam Mutch noted he did not believe the solar access ordinance had been violated and noted the project would shade two or three dwellings on the north side of the project for a portion of the day. Councilmember Ohlson felt there was a need for a Council policy for resi- dents displaced by redevelopment and for a policy to generate funds for low income housing units destroyed by redevelopment. He felt sales tax dollars should be filtered down to those who need it most. He noted he would reluctantly support the project despite concerns over the appraisal and the concern that there is too much public participation in the way of tax dollars. Councilmember Clarke spoke to the need for diversity in the downtown. He felt the project would be in the best interests of the City in general. Councilmember Rutstein felt housing had been the one element missing in the projects DOA had participated in so far. She felt approval of this project showed a Council commitment to housing in the downtown which could be low, moderate, or high income level. She felt the project complemented other DD.A projects and urged a policy for replacing units destroyed by redevelop- ' ment. Councilmember Elliott felt the project was an ideal infill project and that it would have long term benefits for the City. Councilmember Knezovich felt the project was ambitious and expressed concern that the 43 units would be sold. He spoke of the labor hours to be spent constucting the project and the development fees generated. He urged adoption on First Reading but suggested the DDA provide additional informa- tion prior to Second Reading on March 19. Councilmember Stoner noted his legal questions had been answered and noted he was comfortable with the financing package. Mayor- Horak -spokes to Council's intent to'i'mplement a strategic planning concept in the next few months. He added a housing task force might be a part of that process and could include broad based community representation on the committee. The vote on Councilmember Clarke's motion to adopt Ordinance No. 27, 1985 on First Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. -123- 1 J 1 February 19, 1985 Councilmember Rutstein made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 28, 1985 on First Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. City Attorney's Report City Attorney Huisjen reported the City had been served with a summons and complaint from opponents of the trolley. He noted it would be referred to the City's insurance compnay and defended if necessary. City Manager's Report City Manager Arnold reminded Council of the Boards and Commissions Appreci- ation Banquet to be held on February 22. He noted Roger Krempel had been named "Government Civil Engineer for 1984" for this region. He added the award was for distinguished public service by a civil engineer. Councilmembers' Reports Councilmember Knezovich spoke of broken traffic loops on City streets and expressed concern about the traffic on College Avenue. City Manager Arnold responded to concerns about traffic movement noting unusual problems with traffic detectors due to the weather related freeze and thaw conditions. He noted extra measures were being taken but some problems would have io wait until spring. Adjournment Councilmember Stoner made a motion, seconded by Councilmember Ohlson, to adjourn the meeting. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 11:25 p.m. Mayor -���-�- ATTEST: City C1 erc -124-