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HomeMy WebLinkAboutMINUTES-02/02/1982-RegularFebruary 2, 1982 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 5:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, February 2, 1982, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Coun- cilmembers: Cassell, Clarke, Elliott, Horak, Knezovich and Wilmarth. Absent: Councilwoman Reeves. Secretary's note: Mayor Wilmarth arrived at 7:30 p.m. Staff Members Present: Arnold, Krajicek, Lewis, Huisjen, C. Smith, and Denton. Agenda Review: City Manager Assistant Mayor Cassell noted Mayor Wilmarth was appearing in court and would be late. Assistant City Manager Verna Lewis noted staff was requesting Item #10, Second Reading of Ordinance No. 13, 1982, Authorizing the Issuance of City of Fort Coll insGeneral Ob igation Park Bonds Series 19 2 in the Principal Aggregate Amount of $Z,Ubb,UUU, be with raven rom the Consent Agenda because the Ordinance needs several amendments. She added that Item #27, VKR PUD Appeal, had been withdrawn at the request of the appellant, Mrs. Esther McChesney. Councilman Knezovich asked that Item #11, Hearing and First Reading of Ordinance No. 15, 1982, A ropriating Unantici ated Revenue in the Ca ita Projects Fund or the South Mason Street and Utility Improvement Disrict o. 75, and Item , Hearing and First Heading of Ordinance No. 1 , Appropriating Unanticipated Revenue in the S.A.V.E. Grant Fund, be removed from the Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends ' approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. -49- February 2, 1982 4. Consider approval of the minutes of the regular meeting of January 19 ' 1982. 5. Second Reading of Ordinance No. 4, 1982, Designating 622 Remington as an Historic Landmark. This Ordinance was unanimously adopted on First Reading on January 19th. The City of Fort Collins Grants Administration office has rehabili- tated the C. M. Smith House at 622 Remington with Community Develop- ment Block Grant funds in accordance with the Historic Landmark Design Guidelines. The Cultural Resources Board recommended local historic designation last May and reaffirmed its recommendation on January 4, 1982. The owner, Mary Harnett, has consented to the designation. 6. Second Reading of Ordinance No. 9, 1982 Approving Lease/ Purchase of K2 Equipment Information System. This Ordinance was unanimously adopted on First Reading on January 19th. The need for accurate and current equipment maintenance information was recognized over a year ago. ' In the beginning of 1980, staff solicited proposals from different software vendors. Our intention was to replace our Mainstem system with an in-house computerized vehicle maintenance fleet management system. The system proposed by K-Square Systems, Inc. will provide the best system for our needs at the best price. 7. Second Reading of Ordinance No. 10, 1982, Appropriating Unanticipat Revenues in the Caoital Projects Fund. This Ordinance was unanimously adopted on First Reading on January 19th. As CSURF owns land abutting the Drake Road and Shields Street inter- section project, they have agreed to pay their share of the construc- tion costs. Their share is calculated to be $17,547 of the total construction cost of $326,073.34. This Ordinance appropriates CSURF's contribution in the Capital Projects Fund. 8. Second Reading of Ordinance No. 11. 1982. ADDrooriating monies in th This Ordinance was unanimously adopted on First Reading on January ' 19th and appropriates the funds for construction of the North City -50- February 2, 1982 Hall Parking Lot. The project will include full improvement, leaving the modular building in its current location, and providing 55 parking spaces for a total estimated cost of $155,000. Funds are available in the Seven Year Capital Fund prior year reserves for this purpose. 9. Second Reading of Ordinance No. 12, 1982, Vacating Various Utility and Access Easements in the Cimarron West PUD. This Ordinance was unanimously adopted on First Reading on January 19th and is a request to vacate utility and access easements as platted and dedicated on the Cimarron West PUD as approved by the Planning and Zoning Board on February 23, 1981. The applicant has submitted a revised site plan and plat to be considered by the Plan- ning and Zoning Board at their meeting on January 25, 1982. As re- quired, new easements will be dedicated. The City staff and affected utilities have reviewed this vacation request and proposed dedications and recommend approval. 10. Second Reading of Ordinance No. 13, 1982, Authorizing the Issuance of City of Fort Co ins Genera igation Par Bon s Series 1982 in the Principal Aggregate Amount o ' This Ordinance was unanimously adopted on First Reading on January 19th. In April, 1981, the voters authorized the City to issue $5,065,000 of General Obligation Bonds for the purpose of financing community parks projects. During the summer of 1981 the City issued $3,000,000 of the authorization. This issue for the remainder of the authorization is needed at this time to finance construction contracts to be entered into early in 1982, primarily for Rolland Moore Park. 11. Hearing and First Reading of Ordinance No. 15, 1982, A ropriating Unantici ated Revenue in the Ca ita Proiects Fun for the South Mason Street and Utility Improvement District No. 75. The South Mason Street & Utility Improvement District No. 75 was created by Ordinance No. 86, 1981, at the request of the property owners. All project costs are assessible to the district; the only direct City cost will be street oversizing in the amount of $3,840. Ordinance No. 181, 1981 appropriated $248,608 in the district for payments due in 1981 as follows: Engineering contract with Cornell Consulting $ 26,304 Construction contract with Stewarts' Excavating 222,304 ' TOTAL $248,608 -51- February 2, 1982 ' 12. Hearing and First Reading of Ordinance No. 16, 1982, Appropriati Unanticipated Revenue in the S.A.V.E. Grant Fund. The City of Fort Collins has been awarded a grant totalling $67,200 from the Department of Energy Conservation Energy Extension Service for Phase III of the Save America's Vital Energy Project. Phase III of the Save America's Vital Energy Project is to initiate and conduct the Office of Energy Conservation's Low -Income Home Energy Assistance Program in Larimer County. The contract was awarded to S.A.V.E. because of its proven record of providing weatherization assistance to homeowners. If these funds are not appropriated at this time, the City will not be able to begin the weatherization project in accordance with the terms of the grant and will lose $67,200 in grant monies. This Ordinance appropriates the grant monies of $67,200 in the S.A.V.E. Grant Fund for this project. 13. Hearing and First Reading of Ordinance No. 17, 1982, Appropriating Bond Proceeds in the Capital Projects Fund. Ordinance No. 100, 1981, authorized the issuance of $3,000,000 in 1 General Obligation Bonds to finance community park projects construc- tion through 1982. At this time, we need to appropriate $300,000 in Edora Park for the construction of 16 lighted horseshoe pits, bicycle motorcross, rest- room/storage facility, and grading, seeding, and irrigation of ap- proximately 10 acres. Estimated completion of the project is the end of the summer of 1982. This ordinance appropriates $300,000 for construction costs at Edora Park. 14. Hearing and First Reading of Ordinance No. 18, 1982, Vacating a Portion of Tract G. Trail West PUD. The applicant is requesting vacation of a portion of Tract G, which is an easement for access and utility installation. The applicant proposes to shift the building envelope three -feet north, which will encroach 3 feet into Tract G. 15. Ordinances Making Amendments to the 1979 Uniform Building and Mechan- ical Codes. A. Hearing and First Reading of Ordinance 'No. 19, 1982, Amending �.. Certain Sections of the Uniform Building Code, 1979 Edition, as I amended. -52- February 2, 1982 B. Hearing and First Reading of Ordinance No. 20, 1982, Amending a Section of the Uniform Mechanical Code, 1979 Edition, as amended. These proposed amendments are the result of the last code change process. Several amendments are proposed for the purpose of clarification or sequential rearrangement in the code. 16. Resolution Making Findings Relative to Underhill Preliminary P.U.D. At the January 19th meeting Council conducted a public hearing regard- ing the Underhill Preliminary, P.U.D. At that time testimony was heard from both proponents and opponents of the development. Council determined that the project met all conditions and criteria set forth in the Land Development Guidance System and approved the plans for the Underhill Preliminary P.U.D. 17. Resolution an Agreement with Larimer ' The City entered into an agreement with Larimer County to collect the County's sales tax on City building permits issued during 1981. The City, with a minimal effort on the part of staff, collected $215,262 in County sales tax and retained $10,758 as its 5% collection fee. Larimer County wishes to renew the agreement with the City. The new agreement will be in effect until the expiration of the Larimer County Sales Tax Resolution on June 30, 1982. 18. Routine Easement from CSURF. a) Grant and dedication of easement from the Colorado State Univer- sity Research Foundation (CSURF) for the construction of a sidewalk around a power pole, located at the northeast corner of the Drake and Shields intersection. Consideration: Donation. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item # 5. Second Readinq of Ordinance No. Item # 6. Second Reading of Ordinance No. 9, 1982 Approving Lease Purchase of K EouiDment Infnrmation Svatam_ I Item # 7. Second Reading of Ordinance No. 10, 1982, Appropriatin anticipated Revenues in the Capital Projects Fund. -53- February 2, 1982 ' Item # 8. Second Reading of Ordinance No. 11, 1982, Appropriating monies in the Seven Year Capital and Capita Projects Funds. Item # 9. Second Reading of Ordinance No. 12, 1982, Vacating Various Uti ,ty an Access Easements in t e Cimarron West PUD. Item #10. Second Reading of Ordinance No. 13, 1982, Authorizing the Issuance of City of Fort Collins General Obligation Park Bonds Series 1982 in the Principa Aggregate Amount of $2,065,0007. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #11. Hearing and First Reading of Ordinance No. 15, 1982 priating Unanticipated Revenue in the Capital Projects the South Mason Street an ti lity Improvement Dist Item #12. Hearing and First Reading of Ordinance No. 16, 1982, Appro- priatinq Unanticipated Revenue in the S.A.V.E. Grant Fund. Item #13. Hearing and First Reading of Ordinance No. 17, 1982, A pro- priating Bon rocee s in t e Capita Projects Fun ' Item #14. Hearing and First Reading of Ordinance No. 18, 1982, Vacating a Portion o Tract G. Trail West PUD. Item #15. A. Hearing and First Reading of Ordinance No. 19, 1982, Amen ing ertain Sections o the Uniform Building Code, 1979 E ition, as amended. B. Hearing and First Readi Amending a Section of tht Edition, as amen ed. of Ordinance No. 20, 1982 ni orm Mechanical Code, 19 Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, and Knezovich. Nays: None. THE MOTION CARRIED. Second Reading of Ordinance Authorizing the Issuance of City of Fort Collins General _ Obligation Park Bonds Series 1982 in the Principal Aggregate Amount of $2,065,000, Adopted .as Amended Following is the City Manager's memorandum on this item: -54- ' February 2, 1982 "This Ordinance was unanimously adopted on First Reading on January 19th. In April, 1981, the voters authorized the City to issue $5,065,000 of General Obligation Bonds for the purpose of financing community parks projects. During the summer of 1981 the City issued $3,000,000 of the authorization. This issue for the remainder of the authorization is needed at this time to finance construction contracts to be entered into early in 1982, primarily for Rolland Moore Park." Assistant City Attorney Greg Denton noted this Ordinance needed to be awnded on Second Reading. He then detailed the amendments noting that bond counsel had suggested the amendments to pages 24 & 25 of the certified proceedings or pages 4 & 9 of the Ordinance. Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to amend Ordinance No. 13, 1982, as described by Assistant City Attorney Denton. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, and Knezo- vich. Nays: None. THE NOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 13, 1982, as amended, on Second Reading. Yeas: ' Councilmembers Cassell, Clarke, Elliott, Horak, and Knezovich. Nays: None. THE NIDTION CARRIED. Ordinance Appropriating Unanticipated Revenue in the Capital Projects Fund for the South Mason Street and Utility Improvement District No. 75, Adopted on First Reading Following is the City Manager's memorandum on this item: "The South Mason Street & Utility Improvement District No. 75 was created by Ordinance No. 86, 1981, at the request of the property owners. All project costs are assessible to the district; the only direct City cost will be street oversizing in the amount of $3,840. Ordinance No. 181, 1981 appropriated $248,608 in the district for payments due in 1981 as follows: Engineering contract with Cornell Consulting $ 26,304 Construction contract with Stewarts' Excavating 222,304 TOTAL $248,608 -55- February 2, 1982 ' The attached Ordinance appropriates an additional $181,403 in the district for payments due in 1982 as follows: DESCRIPTION AMOUNT Engineering - balance of contract with Cornell Consulting $ 33,128 Construction - contract with Don Kehn Construc- tion Co. ($68,858 + 5% contingency) 72,301 Construction - 5% contingency for Stewart's Excavating Inc. contract 11,115 Close -Out - Collection & certification to Larimer County 17,480 Contingency 47,379 TOTAL $181,403 In summary, the total budget is as follows: Engineering $ 59,432 Construction 305,720 Close -Out ' 17,480 Contingency 47,379 TOTAL $430,011 Now that we have received the second bid package and have estimated total project costs, the process of issuing Special Improvement District Bonds for the district can begin. The anticipated revenue from these bonds will fund the costs of the improvements and will be repaid with interest by the property owners over a ten-year period. If these funds are not appropriated at this time, the project cannot proceed as scheduled." Councilman Knezovich voiced his concerns about the number of hours required to design this project and the 5% contingency figure that had been added to the Don Kehn Construction Company's contract. Director of Engineer Services, Tom Hays, replied that the engineering costs included preliminary and final design as well as construction services during the course of the contract. Actual design costs would be approxi- mately $25,000. He added he felt the overall costs were reasonable for this type of project. He noted the contingency amounts indicated are for ' unforeseen circumstances that cause change orders to be cut that either increase or decrease the cost of the project. The money will not be spent -56- I February 2, 1982 unless a specific cost is identified and agreed to by the project manager and the contractor. A change order is then created which must be approved by the department head, if within certain limits, or by the City Manager if over those limits. An extremely large change order would come to Council for approval. Councilmember Knezovich made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 15, 1982, on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, and Knezovich. Nays: None. THE 74OTI0H CARRIED. Ordinance Appropriating Unanticipated Revenue in the S.A.V.E. Grant Fund, Adopted following is the City Manager's memorandum on this item: "The City of Fort Collins has been awarded a grant totalling $67,200 from the Department of Energy Conservation Energy Extension Service for Phase III of the Save America's Vital Energy Project. Phase III of the Save America's Vital Energy Project is to initiate and conduct the Office of Energy Conservation's Low -Income Home Energy Assistance Program in Larimer County. The contract was awarded to S.A.V.E. because of its proven record of providing weatherization assistance to homeowners. If these funds are not appropriated at this time, the City will not be able to begin the weatherization project in accordance with the terms of the grant and will lose $67,200 in grant monies. This Ordinance appropriates the grant monies of $67,200 in the S.A.V.E. Grant Fund for this project." Councilman Knezovich questioned the timing of the program since the project couldn't get started until the bulk of this heating season is over. He suggested returning the $67,200 to the federal government. Grants Administrator Pat Allen noted this project was a part of the gover- nor's overall low-income energy assistance program and would weatherize 800 homes in the next 16 weeks. Joanne Fallard, LaPorte, added that the benefits of the program were not solely for this heating season. The longevity of a weatherization program is 2-3 years. She noted the program is set up for 16 weeks to weatherize 800 homes. Approximately 4,000 homes in Fort Collins and Larimer County are currently receive LIEAP Assistance. If the quota of 800 homes is met, ' the program may homes have been be refunded throughout the summer until all of the 4,000 weatherized, making the program year-round. If successful, the program may continue for several years. -57- February 2, 1982 ' Councilman Horak indicated that with this additional information he was completely supportive of the program. Councilmember Elliott made a motion, seconded by Councilmember Clarke, to adopt Ordinance No. 16, 1982, on Second Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, and Knezovich. Nays: None. THE MOTION CARRIED. Ordinances Relating to Establishing an Appeal Procedure for Various Boards and Commissions, Tabled to February 16 Following is the City Manager's memorandum on this item: "A. Second Reading of Ordinance No. 14, 1982, Establishing an Appeal Procedure for Various Boards and Commissions. B. Hearing and First Reading of Ordinance No. 21, 1982, Amending Certain Code Sections Relative to Boards and Commissions Appeal Procedures. Ordinance No. 14, 1982, was adopted unanimously as amended on First Reading ' on January 19th. A copy of the amended Ordinance is included. The purpose of the Appeal Procedure Ordinance is to establish consis- tent appeal procedures which apply to appeals from boards and commis- sions of the City which have historically been taken to City Council. The proposed ordinance provides that any person who had the right to appear before a board or commission, and who did in fact appear, may take an appeal of the decision of the board or commission to the City Council upon filing notice of appeal within 14 days after the final action of the board or commission. The appeal would be based upon the transcript before the board or commission, and the cost of the transcript would be borne by the party making the appeal. The ordinance also requires that all persons who could have appeared, and did in fact appear before the board or commission, receive notice of the appeal and the hearing 14 days prior to the time City Council is to consider the appeal. The City Attorney's office recommends that on second reading Council delete the Liquor Licensing Authority from Section 1 so that the ordinance does not apply to appeals from the Liquor Licensing Authority. The basis of this recommendation is that the Liquor Licensing Authority, which is created by the City Council pursuant to State law, operates under statutes ' and rules and regulations which are not entirely consistent with the February 2, 1982 appeal procedure as it was amended by City Council on first reading. Therefore, in order to avoid any legal difficulties which may arise when dealing with liquor license appeals, it is advisable that those appeals be handled as is now provided for in the ordinances. A separate ordinance (Ordinance No. 21, 1982) has been offered for your consideration which repeals all of the provisions in the Code dealing with appeals to City Council from the Boards and Commissions to which the appeal procedure ordinance would apply. The purpose of the ordinance repealing those sections is to avoid inconsistent provisions within the Code once the appeal procedure ordinance is adopted." Assistant City Attorney Denton recommended an amendment to Section 1 of Ordinance No. 14, 1982, to delete the Liquor Licensing Authority from?the appeal procedure and allow it to remain under the procedure set by Ordi- nance. -. CouncilEmober Knezovich made a motion, seconded by Councilmember Elliott, to amend Section 1 of Ordinance No. 14, 1982, to delete item C, Liquor Licensing Authority and reletter accordingly. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, and Knezovich. Nays: None. THE MOTIOA CARRIED. Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to add a sentence to Section 4 after the word "authority" stating "Such appeal shall contain the grounds for filing the appeal and shall be accompanied by any documents containing new evidence which the party in interest intends to present at the appeal hearing." Councilmember Horak suggested that making the appellant furnish documents and evidence within 14 days might place a severe burden on the appellant. He suggested wording to require the documents or evidence be presented within 7 days of the hearing to give the appellants more time to put together their arguments. City Attorney John Huisjen suggested. Council make whatever amendments they wished to the ordinance but then table the item to allow staff to evaluate the modifications and make a recommendation at -the next meeting. Councilmember Knezovich suggested implementing a per page charge for the transcripts to avoid burdening an appellant with a large expense for a formal transcript of a particular hearing. He added he hoped this would ' provide a transcript at the lowest possible cost for both the appellant and the City. -59- February 2, 1982 The vote on Councilmember Knezovich's motion to amend Section 4 was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott and Knezovich. Nays: Councilmember Horak. THE MOTION CARRIED. Councilmember Horak asked what sort of documents or evidence were required from appellants of the Building Board of Appeals or Zoning Board of Appeals decisions. Director of Planning and Development Curt Smith replied a letter to the City Clerk asking that the item be appealed and heard by the Council was sufficient. Councilmember Elliott made a motion, seconded by Councilmember Clarke, to table Ordinance No. 14, 1982 with the previous modifications on Second Reading to February 16. Yeas: Councilmembers Cassell, Clarke and Elliott. Nays: Councilmembers Horak and Knezovich. THE MOTION CARRIED. 1 Councilmember Clarke made a motion, seconded by Councilmember Knezovich, to table Ordinance No. 21, 1982, on First Reading to February 16. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, and Knezovich. Nays: None. THE MOTION CARRIED. Authorize Execution of a $7,500 Contract with Transplan for Phase II of the North Lemay Extension Following is the City Manager's memorandum on this item: "Transplan completed the Interim Phase of the North Lemay Extension Study and reported that to Council on December 15, 1981. That study identified some problems with the options considered and also focused us on problems with linkages to other connector streets. We therefore need a second phase of the study that would look at other options available and their impacts. A related decision that this study would aid is what needs to be done with ' the Linden Street Bridge. And each decision impacts each other. IFebruary 2, 1982 Transplan's credibility with the principal interests involved leads us to recommend their continued involvement. The contract amount is for a maximum of $7,500, calculated on a time and materials basis." City Manager Arnold stated he felt Transplan should extend the study because they know the area and residents well and would not have to dupli- cate previous efforts. He added Transplan would have the necessary meet- ings with the people involved once the study gets to the point that there's something to discuss much as they did with the first phase. Councilmember Elliott asked where the $7,500 was going to come from. City Manager Arnold replied it would come from within the Street Department budget. Jessie Garcia Hernandez, 523 Peterson, commented that the community was not notified of this meeting until 3:30 p.m. the day before. She added that the residents were not in favor of a western alignment and consider an eastern route to be the only alternative. ' Margaret Mitchell, 809 E. Elizabeth, noted she had delivered notices to the residents that afternoon and had received some unkind comments about the late notice. She added that she hoped the communication could be improved as the residents two principle spokesmen, Mr. Alarid and Mr. Cowell, could not attend as they had been notified too late. Councilmember Horak stated that he felt the staff had gone out of their way to contact people since Mr. Alarid had told him a notice had been placed in his door on Monday afternoon. He then pointed out the extension of the study could have been executed without formal Council approval but since it was such a sensitive, important issue it was being discussed at a regular meeting. Ms. Mitchell stated she realized the notice was a courtesy not a right and added she hoped the courtesy would continue. Steve Barbier, 522 E. Elizabeth, representing Neighbor to Neighbor, ques- tioned the scope of the study. City Manager Arnold replied the intent of the study was to study the western route, the Linden Street bridge and how the western route might tie into Lincoln, but the study might not be limited to just those items. Councilmember Elliott made a motion, .seconded by Councilmember Horak, to authorize the execution of a $7,500 contract with Transplan for Phase II ' of the North Lemay Extension. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak and Knezovich. Nays: None. -61- THE MOTION CARRIED. Citizen Participation February 2, 1982 Secretary's note: Mayor Wilmarth resumed the chair at this time (7:30 P.M.). Jack Stoddard, Larimer County Voc-Tech, appeared to accept the proclamation naming the second week of February as Vocational Education Week. Ordinance Amending Section 95-90 of the Code Relating to the Collection of Street Oversizing Fees, Adopted on First Reading Following is the City Manager's memorandum on this item: "The discussion at the Council Work Session on January 26 has suggested that perhaps a seventh alternative may exist to the street oversizing fee structure. Some support exists on the Council for a reduction or elimination of the Industrial oversizing fee. We would propose that this fee be reduced from the present $2750/Ac to $500/Ac. This would substantially reduce the impact on large industrial sites. We would further suggest leaving the Business and Commercial fee at $3500/Ac. This action would result in a Residential fee of $246/Dwelling Unit, a decrease from the present fee of $44 or 15%. In summary we would suggest the following schedule: Land Use Existinq Fee Residential $ 290/D.0 Business & Commercial 3500/Ac Industrial 2750/Ac Proposed Fee $ 246/D.U. 3500/Ac 500/Ac % Reduction 15 0 82 For the future, adjustments to the fee due to increased (or decreased) costs for construction would be made in such a way as to return the proportionate share of costs to the three categories as outlined above. These proportions would be: Residential 64.7% Business & Commercial 33.3% Industrial 2.0% 100.0%" -62- February 2, 1982 Councilmember Horak asked what sort of documentation or evidence the City has that a fee structure either encourages or discourages business. City Manager Arnold replied that he felt it was more of a philosophy that comes about from a community's experience in trying to deal with industrial development. He added that he knew of no specific factual studies that have addressed the number of jobs that an economic development effort resulted in. Further, he noted the most basic economic development program maintains a level of growth that allows the children of the people who live here to work here. Councilmember Cassell stated he had spoken with several companies who had considered relocating or opening new plants and had found they were looking for communities that offered a good quality of life for their employees and who were receptive to them. He added he felt it was important to indicate to such firms that the City of Fort Collins is willing to do whatever. it can to welcome them to the community. Councilmember Knezovich asked how many acres of industrial development have ' paid for street oversizing fees using the industrial yardstick. City Manager Arnold replied staff would get that information. Councilmember Horak stated he was not in favor of the ordinance, noting he felt the fee structure would not discourage industries from locating here. He added he was opposed to the new fee structure as it would levy the costs to new homebuyers instead of amortizing the costs through the industry's product to other people outside of the community through the current fee structure. Director of Engineering Services Tom Hays pointed out that a recent recal- culation of the density in Fort Collins indicated the current density to be approximately 4.8 D.U./acre up from 3.8 D.U./acre. This new information reduces the cost for each dwelling unit by dividing the total cost among a greater number of units. Councilmember Knezovich stated he felt the fees should be reduced further in the residential area and added that he saw industrial development as willing to pay their fair share. Councilmember Cassell made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 22, 1982, on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott and Wilmarth. Nays: Councilmembers Horak and Knezovich. ' THE MOTION CARRIED. -63- February 2, 1982 Resolutions Adopted Initiating Proceedings for Street Improvement District No. 76 Following is the City Manager's memorandum on this item: "A. Resolution Initiating Proceedings for Street Improvement District No. 76 and directing preparation of a report concerning the District. B. Resolution adopting the report of the Director of Public Works, ap- proving the details and specifications for Street Improvement District No. 76, and directing that proper notice be given of the March 16th hearing on the Ordinance creating the District. These Resolutions begin the proceedings for creation of a new Street Improvement District on Horsetooth Road from College Avenue west to the New Mercer Canal. Horsetooth Road is designated as an arterial street on the Master Street Plan as adopted by City Council. In 1981, an average of 8,000 vehicles per ' day used the street in the vicinity of the proposed improvements. Traffic projections for this area are 18,000 vehicles per day by the year 2000. Several commercial areas were developed in the area without street improve- ments being done. The proposed project will widen the street to a width capable of handling present and future traffic safely. Establishment of an Improvement District will distribute the costs among the benefited proper- ties and the City. The hearing on the Ordinance creating the District will be on March 16th. Property owners in the proposed District will receive notice of the hearing." Mayor Wilmarth asked the record show he did not vote or participate in the discussion of this item as he has a partial interest in some property within the district. Councilmember Clarke made a motion, seconded by Councilmember Knezovich, to adopt the Resolution Initiating Proceedings for Street Improvement District No. 76 and directing preparation of a report concerning the District. Yeas: Councilmembers Cassell, Clarke, Ell.iott, Horak and Knezo- vich. Nays: None. (Wilmarth withdrawn). THE MOTION CARRIED. -64- February 2, 1982 Councilmeober Knezovich made a motion, seconded by Councilmember Elliott, to adopt the Resolution adopting the report of the Director of Public Storks, approving the details and specifications for Street Improvement District No. 76, and directing that proper notice be given of the March 16th hearing on the Ordinance creating the District. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak and Knezovich. Nays: None. (Wilmarth withdrawn). THE NOTION CARRIED. Resolutions Authorizing Eminent Domain Proceedings to Acquire Property Needed for the Spring Creek Trail System, Tabled to March 9 Following is the City Manager's memorandum on this item: 'A. Resolution Authorizing Eminent Domain Proceedings for Acquisition of the Hahn Property for the Spring Creek Trail Project. B. Resolution Authorizing Eminent Domain Proceedings for Acquisition of the Geriatrics, Inc. Property for the Spring ,Creek Trail Project. The attached Resolutions were tabled to this date from January 5th and authorize eminent domain proceedings to acquire the remaining two parcels of property needed for the Spring Creek Trail Project. The City has already acquired 12 parcels in the Alpert Court to Lemay Avenue stretch of the Spring Creek Trail, and the Hahn and Geriatrics parcels are the only ones not yet acquired. These condemnations are the first necessitated to acquire property for any of the trails projects. Negotiations with these two property owners have reached an impasse, although discussions with the property owners continued during the con- struction design phase and the bid award process for the project. The bid has been awarded for the project, and construction should begin as soon as the weather allows. Therefore, a decision will need to be made as soon as possible so that a notice to proceed can be issued to the contractor. The entire Trail System for the Poudre and Spring Creek has involved 37 parcel acquisitions. Sixteen parcels were obtained from willing sellers and 21 parcels were donated to the City. A report outlining the results of the Chamber's negotiations with the property owners will be sent under separate cover." -65- February 2, 1982 ' b Assistant City Manager Verna Lewis noted staff had reviewed the Chamber proposal and wanted to point out some of the problems with implementation, e.g., problems with right-of-way, with retaining wall and creek relocation, with both crossing Lemay Avenue or the head -clearance under the bridge. She added that staff supported the Chamber proposal and noted Randy Balok had prepared a slide presentation depicting the trail alignment and prob- lems. Superintendent of Planning and Open Space, Randy Balok, noted the alignment of the trail and pointed out the areas of difficulty. He noted the clear- ance under the bridge would be approximately 5' and would require dismount from a bicycle and that the trail width would be narrowed to 7' in certain areas instead of the 8' usually allowed for two-way traffic. Bob Lee, a member of the Chamber committee, noted Mr. Hahn had been very cordial and receptive to negotiations and suggested he and Dr. Howard Alden might accompany staff when they begin to discuss the details of the agreement with Mr. Hahn. Mayor Wilmarth expressed the Council's appreciation to the Chamber com- mittee consisting of Mr. Lee, Mr. Albrecht and Dr. Alden for their efforts made to resolve this issue with Mr. Hahn. ' Councilmember Cassell made a motion, seconded by Councilmember Clarke, to table the Resolutions to March 9. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Adopting Industrial Development Revenue Bond Policies and Guidelines and Providing for Reimbursement of Cost and Setting Fees, Adopted as Amended Following is the City Manager's memorandum on this item: "Council has discussed two separate IDRB fee concepts and several varia- tions of those concepts in work session. This resolution contains those concepts and incorporates the IDRB Policy and Guidelines statement adopted by Council by motion. Sections C5 and C6, which provide for the levy of fees and for the utilization of the revenue generated by such fees, are the sections that discuss IDRB fees and cost recovery. No other changes are proposed. These actions make sense, and by including all decisions in one document I and having that document adopted by Resolution, we strengthen and clean-up our procedures." February 2, 1982 City Manager Arnold noted that the Industrial Development Policy was not included in the agenda but was before Council with the requested change to include encouragement within the Urban Growth Area. He stated both pol- icies reflected the discussion at the work session and noted there was a blank on page 4 of the Resolution under "Fees charged by the City". That fee is to be set by Council and staff is recommending 1/16 of 1% as the ffgure.. Councilmember Knezovich suggested the two policies be adopted as separate Resolutions. Councilrember Cassell made a motion, seconded by Councilmember Clarke, to amend the Resolution by inserting 1/16 of 1% in the blank on page 4. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovichtiand Wilmarth. Nays: None. THE MTION CARRIED. ' Councilmember Horak made a motion, seconded by Mayor Wilmarth, to delete Section C-6 on page 4 referring to earmarking the funds. Councilmember Clarke asked for clarification on the amendment. Councilmember Horak replied that the funds should be applied to the General Fund as are other miscellaneous fees and taxes. Councilmembers Cassell and Clarke opposed the amendment, noting they felt it was appropriate to set these monies aside to encourage industrial development by whatever means is thought best. Mayor Wilmarth stated he felt the Chamber of Commerce was the primary means of enticing industry to the City. He noted the Chamber had remained independent of the City government and probably would not request or accept funds from this source even if they were offered. Additionally he did not want to restrict or limit the City to these funds if Council found there was a project they particularly wanted to encourage. He indicated support for Councilmember Horak's amendment. The vote on Councilmember Horak's motion to delete Section C-6 was as follows: Yeas: Councilmembers Wilmarth and Horak. Nays: Councilmembers Knezovich, Cassell; Clarke and Elliott. ' THE MOTION FAILED. -67- February 2, 1982 Dick Albrecht, Executive Vice President of Fort Collins Chamber of Com- merce, suggested the word "industrial" be changed to "economic" throughout the Resolution. Councilmember Cassell made a motion, seconded by Councilmember Clarke, to amend Section C-6 to read "economic development" rather than "industrial development". Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Knezovich made a motion, seconded by Councilmember Cassell, to amend Section B-1 to state "creation of additional jobs within Fort Collins and within the boundaries of its Urban Growth Area" and to amend Section I -A to add "and within the boundaries of its Urban Growth Area" after the word "City" in the second line of the paragraph. Yeas: Council - members Cassell, Clarke, Elliott, Horak, Knezovich and Wilmarth. Nays: None. THE MOTION CARRIED. ' Councilmember Knezovich made a motion, seconded by Mayor Wilmarth, to delete points 1-4 of Section III -A and substitute the following: "l. The financial statements of the applicant should demonstrate sound financial position and operating results. 2. And further, that the applicant should present financial projec- tions of the proposed project based on a marketing survey or a feasibility study, where applicable." and to add a fourth point to Section III-C as follows and at the same time relettering points 4-6 as subsections D-F: "4. Efforts toward public/private partnership projects." Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Knezovich made a motion, seconded by Councilmember Elliott, to adopt the Resolution adopting Industrial Development Revenue Bond Policies and Guidelines, as amended. Yeas: Councilmembers Cassell, I Clarke, Elliott, Horak, Knezovich and Wilmarth. Nays: None. S. E February 2, 1982 THE MOTION CARRIED. Resolution Adopting the City's Policy on Economic Development, Adopted as Amended Councilmember Cassell made a motion, seconded by Councilmember Knezovich, to adopt the Resolution and to insert the following in paragraph 3 of the policy: "for encouragement of economic development in the City of Fort Collins." Councilmember Horak pointed out the word "industrial" should be changed to "economic" throughout the Resolution. Councilmember Cassell amended his motion as described by Councilmember Horak. Councilmember Knezovich agreed. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich and Wilmarth. Nays: None. THE MOTION CARRIED. Executive Session Authorized Councilmember Cassell made a motion, seconded by Councilmember Knezovich, to adjourn into Executive Session for the purpose of discussing legal matters. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich and Wilmarth. Nays: None. THE MOTION CARRIED. Council reconvened in open session at the conclusion of the Executive Session. Resolutions Expressing the Intent and Agreement of the City To Provide Water and Sanitary Sewer Utility Services to the Area Lying within Both the Boundaries of the City of Fort Collins and The Fort Collins -Loveland Water District/or the South Fort Collins Sanitation District, Tabled to February 16 Following is the City Manager's memorandum on this item: .• February 2, 1982 "A. Resolution Expressing the Intent and Agreement of the City to Provide Water Utility Service to the Area Lying within the Boundaries of the City of Fort Collins and the Fort Collins -Loveland Water District. B. Resolution Expressing the Intent Sanitary Sewer Utility Service Boundaries of the City of Fort Sanitation District. and Agreement of the City to Provide to the Area Lying within Both the Collins and the South Fort Collins These Resolutions were tabled to this date from the January 19th Council meeting. Discussions with the Districts are continuing. Council has received information on this issue with previous agendas. A copy of the January 19th agenda memorandum is attached for Council's information." Councilmember Knezovich made a motion, seconded by Councilmember Cassell, to adopt the Resolution Expressing the* Intent and Agreement of the City to Provide Water Utility Service to the Area Lying within the Boundaries of the City of Fort Collins and the Fort Collins -Loveland Water District. Councilmember Knezovich noted he felt it was important to make a decision on this issue and added a "yes" vote would move the litigation process ahead and that a "no" vote would put the issue in a limbo situation. He encouraged passage of the Resolution. Councilmember Horak made a motion, seconded by Councilmember Clarke, to table the Resolutions to February 16th. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak and Wilmarth. Nays: Councilmember Knezovich. THE MOTION CARRIED. City Manager's Report City Manager Arnold noted Standard and Poor's would be visiting the City of Fort Collins on Thursday. He added staff would make a presentation on financial management and give them a tour of City facilities. Councilmembers' Report Councilmember Horak reported that the Metropolitan Planning Organization for transportation still has not been designated by the governor. There F 1 -70- February 2, 1982 will be a joint meeting of the cities of Greeley, Fort Collins and the State Highway Department Commissioner on February loth to further discuss this issue. Councilmember Elliott announced City Manager John Arnold had been appointed as the fifth member of the Poudre Fire Authority Board of Directors at their recent meeting. Councilmember Clarke reported that he and Councilmember Horak had met with the school board concerning the problems of the indoor pool and are still waiting for their response. Councilmember Cassell noted Platte River Power Authority had sold the $230 million in Series G bonds at 14.06834% which is the last of the long-term debt in connection with Rawhide Phase I. Councilmember Knezovich reported the Airport Ad -Hoc Committee had met and discussed the progress of the new landowner, Triad Development, on their plans to provide space at the airport. He added that he expected 1982 to be a turnaround year for operations at the airport. Adjournment Councilmember Horak made a motion, seconded by Councilmember Elliott, to adjourn the meeting. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich and Wilmarth. Nays: None. The meeting adjourned at 10:35 p.m. ATTEST: City Clerk M or -71-