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HomeMy WebLinkAboutMINUTES-02/07/1984-RegularFebruary 7, 1984 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 7, 1984, at 5:30 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, Lewis, Krajicek, C. Smith, Donner Agenda Review: City Manager City Manager Arnold asked that Item #16, Resolution Approving an Addendum to the Agreement with the State Board of Agriculture Relating to the Furnishing of Water and Sewer Service to Colorado State University, be withdrawn from the agenda for further staff review. Councilmember Ohlson requested Item #9, Hearing and First Reading of Ordinance No. 15, 1984, Establishing a Quality of Life Commission, be removed from the Consent Calendar. Councilmember Horak asked that Item #17b, Deed of Easement from Poudre Development, Ltd., be removed from the Consent Agenda. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #29, 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. Consider Approving the Minutes of the Regular meeting of January 17. -273- February 7, 1984 5. Second Reading of Ordinance No. 10, 1984, Vacating a Temporary Access Way on Lot 8, Block , Larkborough Subdivision. Larkborough Subdivision was approved and recorded with Lot 8, Block 15 reserved as a temporary access to provide a second point of access for emergency vehicles during construction. Since completion and acceptance of the public street system in this subdivision, the temporary access is no longer needed. Therefore, staff recommends adoption of the ordinance which was unanimously adopted on First Reading on January 17, vacating this temporary access. 6. Second Readinq of Ordinance No. 11. 1984. ADDrODriatino Funds for This ordinance was unanimously adopted on First Reading on January 17. The Fort Collins Downtown Development Authority (DDA) has recently acquired the four parcels of property upon which the downtown parking facility is to be constructed. Each of these parcels was acquired through successful negotiations with the property owners. The total cost to acquire the four parcels of land will be $816,000. A budget of $800,000 was previously approved by the Board of Directors of the DDA and appropriated by the City Council. To complete the property acquisition, it will be necessary to appropriate an addi- tional $16,000 to the land acquisition budget from the available reserves from the bond anticipation notes. There is an available balance of $28,482 unappropriated from the bond anticipation notes. With this additional appropriation, the remaining balance would be $12,482. 7. Second Reading of Ordinance No. 12, 1984, Amending the Raw Water Requirements as Contained in Chapter 112-66 of the Code of the City. The City Water Utility reviewed the raw water requirements of the City for the purpose of revising those requirements to make them more compatible with actual water usage. The City's present Code provides for the submittal by a customer of raw water based upon the acreage of development but with little consideration to actual water that will be used upon the development. Some months ago, the City Council passed a "stop -gap" ordinance designed to address the disparity between raw water requirements and actual water usage until a more comprehensive analysis of the City's raw water requirements ordinance could be accomplished. Having accomplished that analysis, the Water Utility recommends passage of the proposed ordinance, which was unanimously adopted on First Reading on January 17, amending 5112-66 and imple- menting the new raw water requirement concept. -274- February 7, 1984 8. Second Reading of Ordinance No. 14, 1984, Adopting the 1982 Uniform Fire Code U . This ordinance was unanimously adopted on First Reading on January 17. The 1982 edition of the Uniform Fire Code (UFC) has been reviewed by a Citizens Fire Code Committee with staff assistance. This committee recommended to the Poudre Fire Authority Board that the 1982 UFC be adopted as amended. The Poudre Fire Authority Board has direc�fire department staff to recommend adoption of the 1982 UFC to both the City of Fort Collins and the Poudre Valley Fire Protection District. Minor amendments have been made to the ordinance since First Reading because of a drafting oversight. These amendments are in Sections 45.207 and 79.1001 and relate to spraying areas and storage of Class I and II liquids. 9. Hearing and First Reading of Ordinance No. 15, 1984, Establishing a Quality of Life Commission. The Ordinance establishes the City of Fort Collins Quality of Life Commission as provided by Article IV, Section 1 of the Charter. The Commission, a broadbased citizens group, is one component of the Quality of Life project which is now underway. The project, which has as its goal the monitoring of quality of life in the community, was mandated by the Fort Collins Land Use Policies Plan (1979). 10. Hearing and First Reading of Ordinance No. 17, 1984, Appropriating Unanticipated Revenue in t e DB Fun . The low construction bid received by the City Purchasing Office to perform the rehabilitation work on the Larico Youth Home located at 640 W. Prospect came in at $80,755. Larico Youth Home has agreed to pay for the balance of the construction work totalling $23,665. In order to consolidate project resources and construction contracts, Larico Youth Home has paid this money directly to the City and the City will issue one contract for the construction work to be performed. This ordinance appropriates the $23,665 in the Community Development Block Grant Fund for rehabilitation of the Larico Youth Home property. 11. Hearing and First Reading of Ordinance No. 18, 1984, Prohibiting the Depositing o Dirt, Debris, and Construction Waste on Streets an Rinhtt-of-Way. This ordinance provides staff with a more effective tool to deal with nuisances resulting from the depositing of dirt, debris, and con- struction waste on public streets and rights of way. -275- February 7, 1984 12. Hearing and First Reading of Ordinance No. 19, 1984, Amending 114-2 of the Code of the City of Fort Collins Relating to the "Model Traffic cipaiities , 1977 Edition. The proposed ordinance amends the Code to add a section to the Model Traffic Code which prohibits the driving or parking of vehicles without a valid certification of emissions control, as required by the laws of the State of Colorado. 13. Resolution Authorizing the City Manager to Enter Into a Purchase Agreement for Existinq Comouter Hardware. The City currently leases from Sperry-UNIVAC, on a Five -Year State and Local Government Agreement, the central computer located in the municipal building. The lease term has two more years (1984 - 1985) to run, after which a new agreement will have to be negotiated. The current lease costs approximately $100,000 per year and the City would retain no salvage/equity at the end of the lease period. The Information and Communication Systems (ICS) Department began in 1983 to investigate the feasibility of negotiating for the purchase of the existing computer from Sperry, or a like Sperry configuration from some other third party market source. The intent was to achieve savings in lease payments over the next two years, which is the realistic life expectancy of the current computer. The net result of these negotiations is the recommendation to purchase the existing computer from Sperry-UNIVAC for $100,000. 14. Resolution Supporting House Bill 1254 Regarding Antitrust Immunity. The Colorado Municipal League has drafted legislation which would provide municipalities and counties immunity from antitrust liability for local land use, zoning and planning regulations and policies. Based upon the experiences of several Colorado municipalities that have been sued under antitrust laws for land use decisions with claimed damages exceeding $400 million, the Municipal League believes passage of this bill to be of utmost urgency. 15. Resolution Expressing Opposition to the Proposed Sales and Use Taxes Simplification Bill Before the Colorado Genera Assem y. This Resolution would express the City's opposition to proposed legislation before the Colorado General Assembly relating to the simplification of sales and use tax collection procedures. 1 -276- h L II� February 7, 1984 16. Resolution Approving an Addendum to the Aareement with the State Board of Agriculture relating to the urnis ing or eater and Sewer Service to Colorado State University. During the past year the City staff has been working with representa- tives from Colorado State University on various items of mutual concern and need. After numerous meetings and many hours of discussion,. representatives from CSU and the City staff have developed a proposal to satisfy the mutual needs and concerns. 17. Routine Deeds and Easements. a) Deed of Easement from M. Rolle Walker for a sewer easement to serve properties along Prospect Road in the Landmark Special Improvement District. Consideration: $10. b) Deed of Easement from Poudre Development, Ltd., which is the first of five easements needed or Phase B of the Northwest Sewer Trunkline. This easement incorporates the City's additional needs in this area for the Lincoln Street Bridge, the Poudre River channelization between Linden and Buckingham Park, and the re- alignment of the Poudre Trail System through the area because of the river channelization project. As consideration for this - easement, the City will allow the grantor the right to use the excavated material from the second phase of the Poudre River. channelization project. The easement is located between Linden Street and Buckingham Park. c) Easement dedication from Scavo-Dougherty Builders, Inc. and S.D.S. Building Corporation for a permanent 24 fooF-wide easement or utility, access and drainage, and Easement dedication from Scavo- Dougherty Builders, Inc. for a permanent 20 foot wide easement or utilities. The building layout for Tract J of Trail West P.U.D. has been revised, and these new easements are required to serve the buildings with utilities. Consideration: $1. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item ifs. Second Reading of Ordinance No. 10, 1984, Vacating a Temporary Access Way on Lot 8, Block 1 , Larkborough Subdivision. Item #6. Second Reading of Ordinance No. 11, 1984, Appropriating Funds for Acquisition of a Downtown Parking Garage. -277- February 7, 1984 Item #7. Second Reading of Ordinance No. 12, 1984, Amending the Raw Water Reauirements as Contained in Chanter 1 2- 6 of the Co a of the Item #8. Second Reading of Ordinance No. 14, 1984, Adopting the 1982 Uniform Fire Code Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. n Item #9. Hearing and First Reading of Ordinance No. 15, 1984, Establishing a Quality of Life Commission. Item #10. Hearing and First Reading of Ordinance No. 17, 1984, Appropri- ating Unanticipated Revenue in the CDBG Fund. Item #11. Hearing and First Reading of Ordinance No. 18, 1984, Prohibiting the Depositing of Dirt, Debris, and Constructfon Waste on Streets and Rights -of -Way. Item #12. Hearing and First Reading of Ordinance No. 19, 1984, Amending 114-2 of the Code of the City of Fort Collins Relating to the ' "Model Traffic Code for Colorado Municipalities", 9 Edition. Councilmember Stoner made a motion, seconded by Councilmember Elliott, 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 Establishing a Quality of Life Commission, Adopted on First Readin Following is the staff's memorandum on this item: "The attached Ordinance establishes the City of Fort Collins Quality of Life Commission as provided by Article IV, Section 1 of the Charter. The Commission, a broadbased citizens group, is one component of the Quality of Life project which is now underway. The project, which has as its goal the monitoring of quality of life in the community, was mandated by the Fort Collins Land Use Policies Plan (1979). A citizens committee was convened in February,'1981,; to recommend a process and subject areas to be covered by an annual "community survey. Their , recommendations as presented to City Council (April, 1983) were as follows: -278- February 7, 1984 a. Measure the community's perception of quality of life through an annual survey; b. Publish an annual report which contains the survey results, data on the community, and analysis of results; c. Promote citizen participation in the quality of life project through the Quality of Life Commission. The Quality of Life Commission will play an important role in encouraging public participation in the project. After data has been gathered and compiled, interpretation of the results and public dissemination and discussion of the results are necessary to complete the quality of life process. Within the next week, a community mail -out survey of approximately 13% of Fort Collins' households will be undertaken. The survey, developed by the citizens' advisory committee and refined by staff and a consultant, asks a variety of questions relating to City services, policies and resident's perceptions of change in the community. Obviously the survey cannot be all inclusive. However, an attempt has been made to focus on those common elements of importance to the community as a whole. Specifically, the goals of the survey are as follows: *-record how people feel about their quality of life in the community as a whole and in their individual neighborhood; • ask questions which are valid over time and not tied to a current issue; • ask specific questions with an opportunity for individualized response; • assess Quality of Life as defined by the City's Goals and Objectives; • conduct an annual survey which will provide data from which com- munity trends can be identified and observed over time. A Resolution making appointments to this Commission and setting the terms of appointment will be considered on February 21 at the time of Second Reading of this Ordinance. Council is currently conducting interviews with the 27 applicants for this Commission." Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 15, 1984 on First Reading and to amend Section 2 of the ' Ordinance to indicate the Commission shall be composed of nine, not seven, -279- February 7, 1984 ' members. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Routine Deeds and Easements, Approved Following is the staff's memorandum on this item: "b) Deed of Easement from Poudre Development, Ltd., which is the first of five easements needed for Phase B of the Northwest Sewer Trunkline. This easement incorporates the City's additional needs in this area for the Lincoln Street Bridge, the Poudre River channelization between Linden and Buckingham Park, and the realignment of the Poudre Trail System through the area because of the river channelization project. As consideration for this easement, the City will allow the grantor the right to use the excavated material from the second phase of the Poudre River channelization project. The easement is located between Linden Street and Buckingham Park (Map W ." Councilmember Stoner made a motion, seconded by Councilmember Horak, to accept the easement from Poudre Development, Ltd. Councilmember Horak noted he had questions about possible channelization ' work but had received a memo from the City Manager indicating no such work would be done in the immediate future since the Corps of Engineers had not stipulated that when the bridge work was done, additional channelization be done. City Manager Arnold noted this had been discussed at the last meeting of the Poudre River Trust. The Trust members were convinced there was no impact on the river. The vote on Councilmember Stoner's motion to accept the easement was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Making Appointments to. the CHOICE Advisory Committee, Adopted Following is the staff's memorandum on this item: "Two members of the newly appointed CHOICE Advisory Committee, Peg Hensley and Gleaves Whitney, have recently notified staff of their intent to resign I from that Committee. I February 7, 1984 We have enclosed copies of the active applications submitted for that Committee for Council review and consideration." Councilmember Clarke nominated Anne Murray and James Welch to fill the vacancies on the CHOICE Advisory Committee. Councilmember Rutstein nominated Ed Waterman. After the vote, Mayor Knezovich stated the names of Anne Murray and Edward Waterman should be inserted in the Resolution with terms of July 1, 1986 and July 1, 1985 respectively. Councilmember Clarke made a motion, seconded by Councilmember Rutstein, to adopt Resolution 84-21 inserting the names of Anne Murray and Edward Waterman. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Items Relating to a Lodging Tax in the City of Fort Collins ' Following is the staff's memorandum on this item: "A. Second Reading of Ordinance No. 13, 1984, Levying a Lodging Tax in the City of Fort Collins. B. Hearing and First Reading of Ordinance No. 20, 1984, Levying a Lodging Tax in the City of Fort Collins. At its meeting on January 17, 1984, Council adopted Ordinance No. 13, 1984 on First Reading. The ordinance provided for the levying of a Lodging Tax in the City of Fort Collins and incorporated the Lodging Tax into Chapter 104, Article I of the Code of the City, which deals with Sales Tax in the City of Fort Collins. Subsequent to the January 17, 1984 Council action, staff learned that Representative Paul Schauer and Senator Joel Hefley have pre -filed a bill for the 1984 session of the Colorado General Assembly to simplify implementation of the State's sales tax system. In order to preclude the possibility of any adverse impact by the proposed state legislation on the City's Lodging Tax, because of its association with the City's Sales Tax, a new ordinance has been prepared establishing a new chapter in the City Code dealing exclusively with the Lodging Tax. Although the intent of Ordinance No. 20, 1984 is identical to that of Ordinance No. 13, 1984, extensive revisions to Ordinance No. 13, 1984 were ' required in order to establish the Lodging Tax as a separate chapter in the City Code. Therefore, staff recommends that Council defeat Ordinance No. -281- February 7, 1984 13, 1984 on Second Reading and adopt, in its place, Ordinance No. 20, 1984 as attached. Due to the need to go through first and second readings of the new ordinance in February, 1984, the effective date of the Lodging Tax has been changed to March 2, 1984 -- ten days after the presently anticipated second reading of the new ordinance. The following is the text of the Agenda Item Summary from the January 17 Agenda packet: On October 4, 1983, City Council passed a resolution directing staff to research and develop a lodging tax for possible implementation in 1984. The Lodging Tax is a tax to be imposed on the sales taxable renting of hotel or motel rooms for a period of less than thirty consecutive days. The attached ordinance authorizes a 3% Lodging Tax in the City of Fort Collins to be effective March 2, 1984. In response to Council's direction at its December 13, 1983 worksession that the tax not impose an undue hardship on such persons who may be renting hotel or motel rooms on a weekly basis as their only possible means of housing, the ordinance reflects the following exemption from the lodging tax. 1. Rental must be on a weekly basis, payable in advance, and 2. Rental must be at a rate of $75.00 or less per week. Based on existing numbers of hotel or motel rooms in the City, a 3% Lodging Tax is expected to generate approximately $45,000 annually, net of the above exemption, which would exclude a maximum of $7,000 of revenue which would otherwise come to the City. As new hotels or motels are built within the City in the future, the Lodging Tax will generate more revenue for the City. The addition of two hotels, for example, at 200 and 230 rooms each, would generate another $43,000 if all room rentals were sales taxable, for total Lodging Tax revenue of $88,000 annually. It is reasonable to expect, however, that a significant percentage of new hotel or motel room rentals, especially if a Convention Center is built, would be to governmental or university -related groups and individuals. To the extent that such organizations and indi- viduals are sales- tax-exempt, these additional projected revenues to the City would need to be decreased. For example,..if 30% of these rooms to be constructed in the future were to be rented to sales- tax-exempt organiza- tions or individuals only $75,000 of total Lodging Tax revenue would come to the City annually ($45,000 from existing rooms, plus $30,000 from future rooms). -282- February 7, 1984 The proceeds generated by the Lodging Tax will be dedicated to enhancing tourism in the City of Fort Collins." Councilmember Elliott made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 13, 1984 on Second Reading. Yeas: None. Nays: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. THE MOTION FAILED. Councilmember Rutstein made a motion, seconded by Councilmember Clarke, to adopt Ordinance No. 20, 1984 on First Reading. Lyle Rodd, Best Western University Motor Inn and Best Western Thunderbird Motel, expressed opposition to the proposed tax. He suggested implementa- tion of the tax be delayed until hotel/motel owners within the city limits could be competitive with those in the outlying area and so they might notify their customers. City Attorney Huisjen suggested Section 103-3, paragraph D be amended to read "All lodging accommodations provided to any person for a period of at least thirty (30) consecutive days." He noted the definition of lodging accommodation would not be repeated incorrectly. Councilmember Ohlson made a motion, seconded by Councilmember Rutstein, to amend Ordinance No. 20, 1984, as described by City Attorney Huisjen. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Stoner made a motion, seconded by Councilmember Horak, to amend Ordinance No. 20, 1984, in the appropriate places to reflect an effective date of April 1, 1984. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. The vote on Councilmember Rutstein's motion to adopt Ordinance No. 20, 1984 as amended on First Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. City Manager's Report City Manager Arnold reported the repairs to the Indoor Pool had been made and the pool should be open by Monday, February 13. -283- February 7, 1984 Councilmembers' Reoorts Councilmember Horak reported on the final recommendations of Congressman Brown's Committee on the Poudre River, noting there had been agreement as to the upper reaches of the river for wild and scenic designation but that no agreement had been reached on the lower segments of the main stem. Citizen Participation A. Proclamation Naming February 12-18 as Jaycee Women's Week was delivered to the appropriate persons. Chris Johnson, 1705 Aspen, representing the Paired Cities Project, sug- gested Council participate in this sister city relationship concept with a city in the Soviet Union. He asked Mayor Knezovich to write a cover letter to accompany a package to be sent to the City of Chernegorsk. Mayor Knezovich asked Mr. Johnson to bring the concept back when more of the details had been worked out. Joe Stern, 1221 Laporte, agreed with the sister city concept expressed by Mr. Johnson. Items Relating to Property Known as the Allen -Lind -Moore Annexation (a Portion of Which is Under Contract of Purchase by Anheuser-Busch, Inc. for Use as a Brewery Facility) Following is the staff's memorandum on this item: "A. Hearing and First Reading of Ordinance No. 21, 1984, Annexing Prop- erty Known as the Allen -Lind -Moore Annexation and Zoning Property Known as the Allen -Lind -Moore Annexation to I-P, Industrial Park District with PUD Conditions. B. Resolution Approving 1,118 acre Master Plan of the Anheuser-Busch Properties. C. Resolution Approving Preliminary and Final PUD and Subdivision Plat of the Anheuser-Busch Fort Collins brewery. Planning and Zoning Board Recommendation At their special meeting on January 24, 1984, the Planning and Zoning Board recommended approval of the annexation, zoning, Master Plan, Preliminary and Final PUD and Subdivision Plat of the Anheuser-Busch Properties. -284- 1 I February 7, 1984 More specifically, the Board recommended to the City Council; approval of the Allen -Lind -Moore Annexation (5-2; Brown and Simpson voting no); appro- val of the zoning of the property upon annexation to I-P, Industrial Park with a PUD condition (7-0) and; approval of the Master Plan of the Anheu- ser-Busch Properties (7-0) with two conditions: 1) Insert the words "encompassing Master Plan" into the second paragraph, page 29 of the Master Plan Planning Objectives to read as follows: "The superblock will be reviewed on the basis of its conformance with the Comprehensive Plan, encompassing Master Plan, and other sound planning....", and; 2) add a note to the Master Plan that "Site plan approval by the Planning and Zoning Board will be required prior to the use of any property for temporary housing for construction workers". Lastly, the Board approve -2, Boardmembers Brown and Simpson voting no) to approve the Preliminary and Final PUD and Subdivision Plat of the Anheuser-Busch Fort Collins brewery with the five air quality conditions as recommended by City Council in Resolution 84-10 in addition to a condition that the applicant work with staff to include additional landscaping along the south property line of the brewery site prior to City Council review. On the issue of the annexation, Boardmember Brown stated that her no vote was on the basis that this annexation and previous annexations that made the Allen -Lind -Moore Annexation eligible for annexation was "contrary to the original intent of the Urban Growth Area that we encourage infill development, and discourage strip development and leapfrog development". Boardmember Simpson supported Brown's reasons and further believed that there were more suitable areas for annexation and while it may encourage industrial growth to the north, existing residents will still travel south for places of employment. On the issue of the brewery, Boardmember Brown stated that if she were voting on the issue of the "PUD site plan in and of itself, I would be voting yes". However, she was unable to support the brewery proposal because of the permitted 970 tons of S02 condition. She felt the brewery would create unacceptable impacts of "S02 being put into the air and the amount of sulpheric acid that falls on the land". While she felt the "brewery was very well done", Boardmember Simpson shared the same air quality concerns as Brown. She stated she would support the project if "it was farther from the Front Range". She voted no because of being "not comfortable with'the emission problems and not because of the project". Staff Recommendation The petitions for annexation and zoning are in conformance with the re- quirements and policies of State Statutes, Intergovernmental Agreement and Land Use Policies Plan. The selection and location of land uses in the -285- February 7, 1984 ' Master Plan conform with City land use policy. Any neighborhood impacts as a result of the development of areas within the Master Plan should be mitigated through detailed site plans as required for in the "superblock" plans and preliminary and final PUD plans. The preliminary/final PUD of the brewery satisfies the criteria of the "All Development" and "Industrial Uses" land use category of the Land Development Guidance System. Addi- tional air quality conditions are recommended as part of the final approval of the brewery. Therefore, staff recommends approval of the annexation and zoning :to I-P, Industrial Park District with a PUD condition; approval of the Master Plan of the Anheuser-Busch properties; and approval of the preliminary/final PUD and subdivision plat of the Anheuser-Busch, Inc., Fort Collins brewery with the following conditions: 1. Emissions of S02 (sulfur dioxide) from the boilers will be limited to 970 tons per year. 2. If Anheuser-Busch uses oil for more than fifteen (15) days during the months of October -March, Anheuser-Busch agrees to monitor ambient air levels of S02. 3. Anheuser-Busch agrees to carry out continuous ground level ambient air monitoring of oxides of nitrogen (NOx), and total suspended particulates (TSP) year round. Reports to the City will include , three (3) hour and twenty-four (24) hour concentrations. Such monitoring may be discontinued upon the determination of EQUATAC and Council that a reasonable sample has been obtained and future monitoring is unnecessary. 4. For any expansion of the brewery resulting in S02 emissions greater than 970 tons per year, Anheuser-Busch will conduct a local air quality analysis. 5. Steam generated by the Anheuser-Busch boilers will be used only for the brewery unless prior City approval is obtained." Director of Planning and Development Curt Smith summarized issues to be considered: 1. the annexation/zoning of the property, 2. the Master Plan for the entire site, and 3. a specific PUD for the property. He detailed the meetings held prior to Council's consideration of the three issues and showed slides depicting the site. John Martz, Vice -President of Corporate Real Estate for Busch properties, the real estate subsidiary of A-B, noted they had not prepared a new visual I presentation but were available to answer questions. 11 February 7, 1984 The following persons spoke on this issue: 1. Kate Brandes, 3107 Rockwood Drive, representing the League of Women Voters, expressed the League's concerns about leap -frog annexation and urged a "no" vote on the annexation and PUD ques- tions. 2. Charlie Smith, 624 South Loomis, voiced concerns about what he termed A-B's unwillingness to pay taxes and development fees, the City's subsidies to A-B. He urged a "no" vote on the annexation and PUD questions. 3. Brad Edwards, 2828 Cherry Lane, spoke to the recent UGA boundary amendment, protested annexation procedures and the method the property achieved contiguity, and expressed concerns about urban sprawl and increased growth rates. 4. Joe Stern, 1221 Laporte Avenue, expressed concerns about the $75,000 proposed to be spent by the Citizens for Fort Collins on behalf of A-B, and drinking on the job at the A-B plant. He urged a "no" vote on the annexation. 5. Homer Bollinger, 1920 Mohawk, spoke about the negative social implications of A-B locating in Fort Collins. He cited costs of alcohol abuse in the United States. 6. Tim Johnson, 2939 Brookwood Place, representing the Quality of Life Coalition, opposed the annexation because of environmental concerns. He urged rejection of the annexation and Master Plan. 7. Greg Hargis, 1625 Ticonderoga Drive, Quality of Life Coalition, voiced questions about water rate increases related to A-B, water treatment requirements, A-B Master Agreement provisions, and expressed concerns about the quality of life in Fort Collins. 8. Dennis Hogarty, 2261 Shawnee Court, spoke to the positive aspects of the location of the A-B plant in Fort Collins and urged a "yes" vote on the annexation, Master Plan, and PUD's. 9. Dick Albrecht, Vice -President and Executive Director of the Chamber of Commerce, supported the mixed land use concept and outlined the advantages of such uses. He supported all three issues before Council. 10. Victor Koelzer, 1604 Miramont, addressed the relative values of water in different uses. -287- February 7, 1984 11. Dan Keating, 2924 Brookwood Drive, supported the annexation. He believed the majority of Fort Collins citizens were in favor of the brewery and urged Council to vote according to the wishes of their constituents, not their own personal preferences. 12. Louie Swift, 6101 South County Road 7, supported A-B on behalf of the farming community. 13. Barbara Schofield, DDA representative, urged adoption of the annexation ordinance as an opportunity to promote growth to the north and to aid development in the downtown. 14. Wayne Daugaard, 2914 Waconda Drive, urged a favorable vote on the issue and spoke of growth to the north. Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 21, 1984 on First Reading. Councilmember Clarke stated he felt the proposed location was an ideal one for a brewery. He stressed tax monies would be spent on public improve- ments, not the brewery. He addressed the issue of alcohol abuse and noted ' A-B would be a source of funds for alcoholic rehabilitation and research. He added this was basically an issue of growth vs. low growth and stated he felt the brewery was capital intensive in relation to the number of em- ployees in the plant. Councilmember Rutstein stated she felt the proposed annexation was not in accordance with the intent and Philosophy of the Lana Use Policies Plan. She stated there was no need to expand the City's borders because of the amount of undeveloped land within the current borders. She felt the annexation promoted the pattern of urban sprawl and would increase the City's responsibilities with regard to police and fire protection, roads, Transfort, parks, and other services City resident expect. Councilmember Elliott addressed the economic balance of employers and growth to the north. He felt A-B was a stable employer and added he felt the negotiations had been of high quality. He stated A-B was paying their own way. Councilmember Stoner felt the proposal was a way to achieve Council's goals of growth to the north and would help stabilize the downtown. He addressed the problem of infill development. He noted there would be substantial financial benefits to the Ctiy, County, Poudre R-1, Poudre Valley Hospital, and the State of Colorado and stated he would support the issue:' February 7, 1984 Councilmember Ohlson addressed issues recently raised in the newspaper relative to the $75,000 proposed to be raised by the Citizens for Fort Collins. He noted the A-B issue was a complex one involving many vital issues that have not previously been scrutinized. He addressed the air quality and water concerns raised during the past months and spoke of the land use issues involved. He spoke on the economic arrangements, incen- tives or subsidies, and agreements between A-B and the City, noting that economic arrangements between public and private sectors were not new concepts and have occurred at all levels of government. He pointed out the difference was that these arrangements are now a part of the public record and public information. He stated he felt environmental protection and economic development should not and need not be mutually exclusive. He noted he would support the proposal with the reservations he expressed and added his hope that accurate information would be presented in an honest manner from both sides of the issue prior to the May 1 election. Councilmember Horak spoke of the lengthy process involved in this decision and of the extensive citizen participation involved. He noted his decision on A-B was based on the facts as he perceived and interpreted them. He urged the groups on both sides of the election issue to use restraint and to use factual material in their campaigns. Mayor Knezovich spoke of the extensive amounts of time spent by all Coun- cilmembers on this decision and noted the time spent had been a valuable learning process. He noted he would support the annexation proposal. The vote on Councilmember Clarke's motion to adopt Ordinance No. 21, 1984 on First Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, and Stoner. Nays: Councilmember Rutstein. THE MOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Resolution 84-22 Approving 1,118 Acre Master Plan of the Anheuser- Busch Properties. Councilmember Rutstein noted she felt the density of this proposal did not meet her definition of compatibility with the surrounding neighborhood. She stated the Master Plan did not address the issues of off -site roads, increased railroad traffic, police and fire protection, and the impact on air quality the increased auto and truck traffic would have. She stated she could not endorse the Master Plan for those reasons. The vote on Councilmember Clarke's motion to adopt Resolution 84-22 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, and Stoner. Nays: Councilmember Rutstein. I THE MOTION CARRIED. I! 11 February 7, 1984 Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt Resolution 84-23 Approving Preliminary and Final PUD and Subdivision Plat of the Anheuser-Busch Fort Collins Brewery. Director of Planning and Development Curt Smith noted the conditions imposed by the Planning and Zoning Board had been agreed to by A-B in writing and have been incorporated into the PUD itself. Councilmember Ohlson noted he had preferred the limit of 970 tons of sulfur dioxide be lowered to 520 tons and if that was not possible another com- promise be reached that would allow the 970 tons but stipulate that if the 520 tons was ever exceeded, A-B would do an air quality study on site. Curt Smith addressed the City's options for implementing local ordinances limiting the amounts of pollutants. He noted staff had been directed to develop an air quality control program which would look at the needs, set up monitoring information and determine the impacts the City is experi- encing from existing and future industry and other sources of pollution. He added ordinances could be adopted locally that would apply to everyone in the Ctiy and would place restrictions on all activities if sulfur dioxide emissions were determined to be creating unacceptable air quality ' sometime in the future. Councilmember Horak asked why A-B was not agreeable to some sort of air quality study being done if the 520 ton limit was exceeded by the planned or expanded brewery. John Stier, Supervisor, Environmental Affairs, A-B, stated A-B felt the 1388 tons originally submitted in the application was acceptable based on the air quality impact studies done by them. The compromise to 970 tons was A-B's realization of EQUATAC's concerns. Looking at lower numbers does not seem to be justified by their studies and any additional studies seem to be redundant. Councilmember Clarke pointed out that no proposal for any development within the City has ever scored 16 out of 16 of the possible points under the City's Land Development Guidance System. He felt this indicated the proposal was of extremely high quality. Councilmember Rutstein spoke of the jobs to be created if the brewery located in Fort Collins and noted she felt job creation did not have to include as many environmental demands. She indicated the environmental costs were out of proportion to the number of jobs created. She addressed the costs and benefits of the A-B brewery and industrial park and discussed the added responsibilities the proposal might bring. She noted she could ' not vote for the PUD because of too lenient air quality standards. -290- February 7, 1984 The vote on Councilmember Clarke's motion to adopt Resolution 84-23 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, and Stoner. Nays: Councilmember Rutstein. THE MOTION CARRIED. Ordinance Calling a Special Municipal Election on May 1, 1984 and Referring the Allen -Lind -Moore Annexation and Zoning Ordinance to a Vote of the Qualified Electors, Adopted on First Reading Following is the staff's memorandum on this item: "On December 6, 1983, Council adopted Resolution 83-203, which established a schedule and timetable for reviewing the annexation and development pro- posals of Anheuser-Busch. The adopted schedule (Option 2) stated Council's intent to hold an election on May 1, 1984 to refer the Anheuser-Busch (Allen -Lind -Moore) annexation/zoning ordinance to the voters. This Ordinance officially calls the Special Municipal Election for May 1, 1984, and places the annexation/zoning ordinance on the ballot." Councilmember Ohlson made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 22, 1984 on First Reading. Bill Benton, 2401 Evergreen Drive, stated he felt Council should have allowed persons opposed to this annexation/zoning ordinance to refer the measure to an election, rather than Council calling the election them- selves. He felt elections were costly and that special elections should not be held on these kinds of issues. The vote on Councilmember Ohlson's motion to adopt Ordinance No. 22, 1984 on First Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance Amending Chapter 91 of the Code of the City of Fort Collins Relating to Smoking in Public Places, Table Indefinitel Following is the staff's memorandum on this item: -291- February 7, 1984 ' "The proposed amendment to Chapter 91 concerning smoking in public places is intended to clarify and strengthen the present Code provisions. The intent of the present Chapter 91 and the amendments are substantially the same: to prohibit smoking in areas which are used by or are open to the public except in permitted smoking areas. An amendment to Chapter 91 is necessary due to certain provisions in the present Code which weaken its enforceability and make conflicting state- ments relating to the intent of the Chapter. The proposed changes should make compliance with the Chapter practical and possible for all businesses and other premises which qualify as public places. Generally, the proposed ordinance would make all public places automat- ically non-smoking areas. Smoking would only be allowed in permitted smoking areas as set out in the Chapter. A list of public places in which smoking would be permitted is set out in §91-4 and includes locations typically thought of as bars, lounge areas within restaurants which are separate from dining areas, fully enclosed offices or rooms occupied exclusively by smokers, rooms or halls being used for private social functions where seating arrangements are under the control of the sponsor of the function, retail businesses primarily engaged in the sale of tobacco or tobacco products, restaurants with seating capacity for 30 or fewer patrons, public restrooms and smoking areas designated pursuant to Section ' 91-5. Section 91-5 sets out the rules for designating smoking areas within public places. The owner or proprietor may designate up to 501. of a public place as a smoking area with two exceptions. Offices or rooms within places of employment and lobbies, hallways and other common areas must exceed certain sizes before smoking areas can be designated within them. Section 91-6 requires the posting of signs notifying persons as to the existence of "No Smoking" or "Smoking Permitted" areas. Section 91-7 states that smoking is prohibited in certain areas. The provisions con- cerning the responsibility of the proprietor to make reasonable efforts to prevent smoking in a public place by certain methods which are included in the present Chapter 91 are also included in the proposed ordinance in Section 91-8. In order to allow owners and proprietors of public places sufficient time to comply with the new Chapter prior to its going into effect, the effec- tive date of the Ordinance, if it is passed on second reading on February 21st, will be April 15, 1984. The proposed changes to Chapter 91 are in recognition of the fact that today the majority of adults are non-smokers. The new Chapter is also based on the recognition that many people do suffer discomfort, sometimes I to the extreme, from the presence of smoke." -292- D February 7, 1984 Mayor Knezovich noted Council consensus on this issue was to use this time to receive public comments and suggestions and to table any action on the ordinance for further staff refinement. The following persons spoke on this issue: 1. Ann Watson, Larimer County Health Department, spoke to the harmful effects of secondary or passive smoke and supported the ordinance. 2. Mary Margaret, 1317 Lakewood Drive, spoke to the constitutional rights of citizens. 3. Bill Benton, 2401 Evergreen Drive, supported the ordinance and spoke to the effects of secondary smoke in closed areas. 4. Alan Silverstein, 618 Sidney Drive, H-P employee, suggested the ordinance be strengthened even further. 5. Mary Sue Rowan, 1305 Centennial Road, expressed concerns about open office situations and suggested the ordinance be strengthened and buffer zones added. 6. Pete Meersman, Colorado -Wyoming Restaurant Association, Denver, opposed the ordinance and gave examples of the adverse effects the ordinance would have on certain restaurants. 7. Dave Osborne, attorney representing several restaurant owners, expressed concerns with the enforceability of the ordinance and added his clients would prefer the current ordinance, but would accept an ordinance similar to the San Diego ordinance as a compromise. Although others still wished to be heard on this issue, Mayor Knezovich declared the public hearing closed due to the hour and assured those remaining they would get an opportunity to voice their concerns at the time of First or Second Reading of the proposed ordinance. Councilmember Rutstein read the language of the ordinance enacted in San Diego and suggested that language might be more acceptable. City Manager Arnold suggested an ordinance incorporating the ideas heard at this meeting be brought back to the February 28 worksession and that since the date of the first March meeting is uncertain, the ordinance be tabled indefinitely. ' Councilmember Horak made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 23, 1984 on First Reading. -293- February 7, 1984 Councilmember Horak made a motion, seconded by Councilmember Elliott, to table Ordinance No. 23, 1984 indefinitely and to bring the issue to the February 28 worksession. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Appeal of a Decision of the Building Board of Appeals Concerning Removal of Combustible Materials from the Basement and the Condemned Areas of the Northern Hotel, 172 N. College, Building Board of Appeals Decision Sustained Following is the staff's memorandum on this item: "On May 12, 1983, Poudre Fire Authority (PFA) personnel inspected the Northern Hotel, along with representatives of the Building Department and the owner's representative. Severe life and safety hazards were noted by all present. The owner, Small Business Administration (SBA), and its ' managers, (Armory Realty), began immediate eviction of all tenants. On June 2, 1983, PFA and Fort Collins Building Inspection personnel condemned the third and fourth floors of this structure due to hazardous and unsafe conditions. The last tenant vacated these floors by the end of July, 1983. A letter from the PFA to a representative of Armory Realty, dated May 24, 1983, documents the May 12, 1983 inspection and required the removal of all combustible materials from the fourth, third and the vacated portion of the second floors and the basement. This combustible material apparently belongs to William Starke, the former owner of the Northern Hotel. In a letter dated June 17, 1983, from the PFA to Mr. Starke, Mr. Starke was officially requested to remove all combustibles under his control from specified portions of the building within thirty days of receipt of the letter. The letter informed him of his option to appeal the notice or request an extension of the deadline. By a letter dated July 15, 1983, Mr. Starke notified the PFA and the City of his desire to appeal the notice. On August 2, 1983, a hearing on the appeal was held at the meeting of the Building Board of Appeals (BBA); however, due to the fact that, through oversight, a written notice of the hearing was not sent to Mr. Starke, the hearing was reset for Septem- ber 6, 1983 and Mr. Starke was sent a written notification thereof by the Building Inspection Department dated August 11, 1983. On September 6, ' 1983, the appeal was heard by the BBA. The members of the Board toured the -294- February 7, 1984 Northern Hotel at that time, and, following the tour, unanimously decided to deny Mr. Starke's appeal. Mr. Starke was notified of this decision by letter dated September 6, 1983, which restated the requirement of removal of combustible materials from specified areas (this time allowing 20 days for him to do so) and informed him of his right to appeal the BBA's decision to the City Council. On September 20, 1983, the City received a "Notice of Appeal of BBA De- cision of September 6, 1983 on Northern Hotel" from Mr. Daniel W. Dean of the law firm of Dean & Martin, attorney for Mr. Starke. The appeal to City Council was originally set for October 18, 1983 but has been reset several times in order to give the PFA time to officially request that the SBA remove all combustibles from specific portions of the building and to allow time for the parties to attempt to solve the problem without the necessity of another hearing. On October 12, 1983, the PFA officially requested that SBA remove the combustibles within 15 days. The 15 days passed with no action taken by SBA. In spite of continued efforts on the part of the PFA to work with Mr. Starke and SBA to solve the problem, the PFA's orders have not yet been complied with. Mr. Starke is appealing the requirement to remove combustible materials from specified areas on the grounds (as stated in his Notice of Appeal) that the BBA failed to provide Mr. Starke with due process concerning the enforcement of the Uniform Fire Code and that certain actions were arbi- trary and capricious, in violation of the Constitution and property rights -of Mr. Starke. As background information, the materials which the PFA is requiring to be removed have been present in previous years and Mr. Starke has been cited for the same violation in the past. The combustibles in the basement were first cited on July 31, 1968 by Inspector Newman of the Fort Collins Fire Department. The combustibles in the burned -out portion of the building were ordered removed on August 27, 1976 and again on June 5, 1978 by Dwight Lumbert and Don Hisam of the Fort Collins Fire Department. These combustibles constitute an extreme fire load in this building and if a fire were to start, it would not only endanger the Northern Hotel, but the remainder of the downtown area as well. All firefighting crews would be in severe danger attempting to control a fire in an old building like the Northern Hotel with so much fuel load. Copies of the applicable sections of the Uniform Fire Code and the docu- ments referred to above (Packet A) as well as documents relating to pre- vious citations for the same violation (Packet B) and documents which Mr. ' Starke would like City Council to review (Packet C) are included for your information. -295- February 7, 1984 Any appeal to Council is conducted as an on the record appeal. The appeal procedure as outlined in Chapter 3A of the Code directs Council to consider the appeal based on the detailed minutes of the Board and any new evidence submitted. After consideration, Council may sustain, reverse, or modify the decision of, or send the matter back for further hearing and review by the Building Board of Appeals." Dan Dean, attorney representing William Starke, suggested tabling the matter because of the hour. Mayor Knezovich stated Council was prepared to hear the appeal at this time and asked Mr. Dean to proceed. Mr. Dean stated Mr. Starke had been the owner of the building since 1972 and contended he was still the owner. He stated the Building Board of Appeals had found that the Small Business Administration was the owner and that Armory Realty Company was the agent of that owner. He stated it was Mr. Starke's contention that Armory Realty is an employee of Mr. Ronald F. Wiseman, the building receiver. He suggested that the appeal was moot if Council determined the SBA was the owner since Council's earlier determina- tion was that the Uniform Fire Code is not enforceable in federally owned ' buildings. Mr. Dean related there had been no problems requiring the condemnation of the third and fourth floors of the building until Mr. Wiseman controlled the building. He added the appeal was based on two points: 1. Mr. Starke did not have the right to respond to the Fire Code enforcement against the occupancy, and 2. the Fire Code should not be interpreted to preclude the presence of usable furniture in rooms that are presently unoccupied but could be restored to an occupiable status. Mr. Dean stated Mr. Starke was denied access to those floors prior to December 29, 1983 by the receiver and was not in a position to remove any goods from the building. He stated a major part of the debris and trash had been removed since December 29. He stated unusable furniture and goods would be removed from the burned out section of the hotel. William Starke, 800 East Lake, gave background on his ownership of the building and the improvements made during that period. He noted he was willing to clean up most areas of Fire Department concern except those rooms containing usable furniture. He estimated it would cost more than $1,500 to haul the materials from the building and $100 per month to store ' the usable furniture. -296- 0 February 7, 1984 Fire Division Chief Larry Donner noted it was the Poudre Fire Authority's opinion that the presence of these combustible materials in the hotel constitutes a danger to life and property. The material significantly adds to the fuel load of the hotel. He presented photos showing the conditions present in the building. Councilmember Clarke suggested Mr. Starke be given a period of time to remove any usable items and then send in people to clean the property up and attach a lien to the property for the cost. City Attorney Huisjen stated that if Council sustained the decision 'of the Building Board of Appeals, the Poudre Fire Authority would look at the remedy and it was not necessary that Council describe a remedy. Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to sustain the action of the Building Board of Appeals and to let the Poudre Fire Authority deal with the remedy administratively. Yeas: Councilmem- bers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. I THE MOTION CARRIED. Adjournment Councilmember Ohlson made a motion, seconded by Councilmember Horak, to adjourn the meeting. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 1:55 a.m. -297-.