HomeMy WebLinkAboutMINUTES-04/03/1984-RegularApril 3, 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, April 3, 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, Felix Lee
Election of Mayor and Assistant Mayor
Mayor Knezovich called for nominations for the office of Mayor.
Councilmember Ohlson made a motion, seconded by Councilmember Rutstein to
' nominate Gerry Horak for the office of Mayor. Yeas: Councilmembers
Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays:
None.
THE MOTION CARRIED.
Mayor Horak called for nominations for the office of Assistant Mayor.
Councilmember Stoner made a motion, seconded by Councilmember Ohlson, to
nominate John Clarke for the office of Assistant Mayor. Yeas: Council -
members Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner.
Nays: None.
THE MOTION CARRIED.
City Clerk Wanda Krajicek administered the oath of office to Mayor Gerry
Horak and Assistant Mayor John Clarke.
Mayor Horak presented former Mayor Knezovich with a plaque expressing the
City's gratitude for his leadership as Mayor from April 12, 1983 to April
3, 1984.
Agenda Review: City Manager
I
City Manager Arnold stated there was a need for an Executive Session to
discuss legal matters.
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April 3, 1984
Councilmember Stoner asked that Item #28, Resolution Authorizing the Sole
Source Purchase of Fiberglass Vaults & Accessories from Mesa Fiberglass
Products, be withdrawn from the Consent Calendar.
Councilmember Knezovich requested Item #31, Resolution Endorsing H.R. 5185
Designating Portions of the Cache la Poudre River as Wild, Scenic, or
Recreational, be removed from the Consent Agenda.
Councilmember Clarke asked that Item #19, Hearing and First Reading of
Ordinance No. 47, 1984, Appropriating Unanticipated Revenue in the Downtown
Development Authority Fund for Downtown Parking Facility, be withdrawn from
the Consent Agenda.
Councilmember Ohlson requested Item #27, Resolution Authorizing a Right of
First Refusal Agreement with Giaco Enterprises for Lease of the Car Barn,
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.
Agenda items pulled from the Consent Calendar will be considered separately
under Agenda Item #45, 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.
5. Consider Approving the Minutes of the Regular Meeting of March 20.
6. Second Reading of Ordinance No. 31, 1984, Annexing Approximately 19.66
Acres Located North of East Prospect Road, Between the Union Pacific
and Burlington Northern Railroad Tracks, East of Riverside Drive known
as t e UD an Annexation.
This ordinance was unanimously adopted on First Reading on March
20. The applicant, Upland Industries Corporation, a subsidiary of
Union Pacific Corporation, is seeking to annex approximately 19.66
acres of property located north of East Prospect Road between the
Union Pacific and Burlington Northern railroad tracks, east of River-
side Drive. The annexation is a voluntary annexation in that the
petitioner owns one hundred percent (100%) of the area to be annexed.
7. Second Reading of Ordinance No. 32, 1984, Zoning Approximately 19.66 '
Acres Located North of East Prospect Road Between the Union Pacific
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April 3, 1984
and Burlington Northern Railroad Tracks, East of Riverside Drive, to
the I-G, General IndustrialDistrict known as the Up an Annexation.
This Ordinance was unanimously adopted on First Reading on March
20. The applicant, Upland Industries Corporation, is seeking to zone
approximately 19.66 acres of property located north of East Prospect
Road between the Union Pacific and Burlington Northern Railroad
tracks, east of Riverside Drive, to the I-G, General Industrial
district, with a condition the property develop as a planned unit
development. The property is presently zoned I -Industrial, in the
County.
8. Second Reading of Ordinance No. 33, 1984, Changing Zoning Conditions
on Property Known as the Dixon Creek Annexation.
This ordinance was unanimously adopted on First Reading on March 20
and is a staff -initiated request to eliminate a density limitation
condition of 8.0 DU/acre and to place a new condition that development
of the site must proceed as a planned unit development according to
' criteria in the Land Development Guidance System on 58.7 acres located
at the southeast corner of Drake Road and Overland Trail. The area is
presently zoned R-P, Planned Residential, and is the site of the Dixon
Creek PUD. The density limitation condition was placed on the pro-
perty at the time the property was annexed and zoned in 1980.
9. Second Reading of Ordinance No. 34, 1984, Adopting Revisions to City
r-A- nn h.6 .1: ..: ..: .... ..G 1 A
There. have been periodic additions and corrections to Chapter 99 since
1977. This ordinance was unanimously adopted on First Reading on
March 20 and attempts to bring the design and construction standards
for subdivisions into conformity with Chapter 118-83, which is the
P.U.D. (or Land Development Guidance System) ordinance.
10. Second Reading of Ordinance No. 35, 1984, Appropriating Unanticipated
Revenues and Appropriating Funds from Prior Year Reserves in the Storm
ver riooaoiain.
This Ordinance was unanimously adopted on First Reading on March
20. Due to last year's spring flooding on the Cache La Poudre River a
special aerial mapping project has been initiated to obtain updated
topographic mapping for use in floodplain management. The project,
entitled "Aerial Survey and Mapping of the Cache La Poudre River
Floodplain", will include that portion of the Poudre River from I-25
to the mouth of the Poudre Canyon. Also included in the project will
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April 3, 1984 '
be specific site mapping of Waste Water Treatment Plant No. 2 to be
used for future planning and specific site mapping of the proposed
Sheep Creek Reservoir site located in the Roosevelt National Forest.
The total project cost is estimated to be $85,000 and includes work to
establish ground control, place aerial mapping targets, aerial pho-
tography and compilation of mylar topographic maps.
Second Reading of Ordinance No. 36, 1984, Appropriating Funds from
Prior Year Reserves in the Parkland Fund to be used for the Con-
struction of Landings Park.
This ordinance was unanimously adopted on First Reading on March
20. In 1978, the City purchased eight (8) acres of land to be used for
Landings Park. This neighborhood park site is located 0.2 miles north
of Harmony Road on the west side of Boardwalk Drive.
Last year Council appropriated $18,641 in the Parkland Fund for final
design at the park. The final design contract was awarded to AETECH
West, Fort Collins, and is now nearing completion. The consultant has
estimated the probable construction cost for the park to be $400,000.
Second Reading of Ordinance No. 37, 1984, Vacating Three Easements in
e Front Nine at Southridge Greens '
This ordinance was unanimously adopted on First Reading on March 20
and is a request to vacate the back lot easements of some of the lots
in the Front Nine to allow the owners additional useable area within
the lot. They are replacing these easements in the green space di-
rectly behind the lots. All affected utilities have been contacted
and have indicated no problems with the request.
Second Reading of Ordinance No. 38, 1984, Vacating a Portion of a
Blanket Easement of the Fountainhead PUD, Phase III.
This ordinance was unanimously adopted on First Reading on March
20. Fountainhead PUD, Phase III was platted to show building envelopes
with all areas outside the envelopes to be a blanket easement. This
format saves utilities a great deal of time and money.
Currently a restaurant wishes to build in one of the building enve-
lopes platted on Phase III but they require a larger building enve-
lope. This then requires the vacation of a portion of this blanket
easement.
Second Reading of Ordinance No. 39, 1984, Vacating an Access Easement
in The Woodlands PUD, Filing 3.
This Ordinance was unanimously adopted on First Reading on March ,
20. When the Woodlands PUD Filing 3 was approved, there was a sidewalk
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April 3, 1984
running behind Lots 16, 17 and 31 of Block 2. The current owners feel
a sidewalk in this location would be a maintenance and liability
problem. Staff has reviewed the request and feels the area is suffi-
ciently served by the walks adjacent to the street and recommends
adoption of the ordinance vacating the access easement. A replacement
easement has been received from Stonybrook North, Inc. The new
easement is currently in use by Mountain Bell and Columbine Cable -
vision.
15. Second Reading of Ordinance No. 40, 1984, Approving an Appropriation
of Prior Year Reserves in the Storm Drainage Fund for the ease -
Purchase of a Tractor -Mower.
This Ordinance was unanimously adopted on First Reading on March
20. The Storm Drainage Utility is responsible for the administration,
operations and maintenance of drainage facilities throughout the
City. A portion of this maintenance consists of the mowing of drainage
channels and detention ponds several times each year.
A goal of the drainage utility is to make the several drainage facili-
ties more aesthetically and environmentally pleasing. The Lease -
purchase of the tractor -mower would be a step toward that goal. The
new equipment compared to existing equipment has more power and will
mow a larger area in a single pass. This will result in more effi-
cient use of operator time and will increase the number of mowings per
season. This frequent mowing will make areas better looking and will
reduce weed complaints from problem areas.
16. Second Reading of Ordinance No. 41, 1984, Appropriating Monies in the
Water Fund to Conduct Studies on Water Rates & Drought Hazards.
This Ordinance was unanimously adopted on First Reading on March
20. On October 18, 1983 City Council approved Resolution 83-184 which
directed staff to proceed to develop a comprehensive water conser-
vation program which may include a phased metering program and further
directed that water rates and the maintenance of green lawns be
evaluated as a part of the phased metering program. James H. Stewart
and Associates, a local engineering firm, has been selected to conduct
this study. The consultant will conduct a cost of service analysis
and will evaluate the effect of several rate structures on reducing
water use, maintaining a green landscape, and distributing costs
equitably among customers. The cost of the study plus a 104M contin-
gency is estimated to be $60,000.
The resolution also directed the Water Board and staff to initiate a
' drought hazard study including an assessment of water supply strate-
gies for drought periods. Resource Consultants from Fort Collins has
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April 3, 1984
been selected to do this study. The consultant will determine the
water supplies available from the Poudre River and other sources for
various drought conditions. The cost of the study plus a 10% contin-
gency is estimated to be $50,000.
17. Second Reading of Ordinance No. 42, 1984, Authorizing Issuance of
Sampson Partnership Project, $1,500,000 Industrial eve opment Revenue
Bonds. Series 1984.
This Ordinance was unanimously adopted on First Reading on March 20
and relates to the issuance of IDRB's in the amount of $1,500,000 to
Sampson Partnership Project to finance improvements for a manufac-
turing facility to be leased to Value Plastics. The facility will be
located on a two -acre site in Timberline Office Park at the corner of
Eastbrook Drive and Danfield Court in Fort Collins.
18. Second
Revenue
Rem ocati
Reading of Ordinance No. 43, 1984, Appropriating Unantici
in the Downtown Development Authority Fund for Railroad
GTill
This Ordinance was unanimously adopted on First Reading on March '
20. The City of Fort Collins Department of Transportation Services and
the Downtown Development Authority have been working with Burlington
Northern Railroad on the relocation of the railroad tracks on Mason
Street and the extension of Mason from Mountain to Cherry.
This project is one which was discussed in the Downtown Development
Authority's Plan of Development. The elimination of the railroad yards
from the north end of the central business district will make avail-
able approximately 20 acres for development. The extension of Mason
Street to Cherry will make possible the Mason -Howes one-way couplet
which the downtown circulation study recommended to help alleviate the
traffic congestion on College Avenue.
19. Hearing nd First Reading of Ordinance No. 47, 1984, Appropriati
Unanticipaated Revenue in the Downtown Development Authority Fund f
Downtown Parkinq vacility.
The Board of Directors of the Downtown Development Authority at its
March 21 meeting adopted the budget for construction of the parking
facility to be located at the southeast corner of Mountain Avenue and
Remington Street.
The intergovernmental agreement between the DDA and the City provides
a line -of -credit for the initiation of the construction phase of the
parking structure. Bids have been received and negotiations are '
underway with the lowest bidder, Madsen Western Builders.
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The budget for construction is:
Demolition, Construction, Landscaping
Office Design
Office Finish
Contingency and Administrative Fee
Total
April 3, 1984
$2,220,000
65,520
22,580
130,000
$2,438,100
20. Hearing and First Reading of Ordinance No. 48, 1984, Appropriating
Unanticipated Revenue in the CDBG Fund.
On September 20, 1983, Council passed Resolution 83-154 which re-
programmed $132,000 of CDBG Program Income. These funds were to be
used as seed money by Larimer Community Services Incorporated, a
non-profit organization, to coordinate the construction of a human
resource facility to house United Day Care Center and several human
service agencies.
This Ordinance appropriates the $132,000 in the Community Development
Block Grant fund for the Larimer Community Services facility.
21. Hearing and First Reading of Ordinance No. 49, 1984, Vacating all
Easements and Rights -of -Way on the Plat of Redwood i age PUD, Phase
On February 23, 1984, the Planning and Zoning Board approved the
Meadows at Redwood Village PUD which replatted the entire area con-
tained in the Plat of Redwood Village PUD, Phase I. Since the ease-
ments on the original plat have changed, they must now be vacated to
accommodate the new plat.
22. Hearing and First Reading of Ordinance No. 50, 1984, Vacating a
Portion o a Utility Easement at Wi er an Condominiums, a PUD.
The owners of Wilderland Condominiums are asking that a portion of a
15 foot utility easement be vacated to accommodate a building that
would otherwise encroach upon the easement.
23. Hearing and First Reading of Ordinance No. 51, 1984, Authorizing the
expenditure of the Co orado Hig way Commission grant of $424,154 for
construction OT the Linden treet Bri oe.
In August 1983, the Colorado Highway Commission awarded the City
' $424,154 from its Special Bridge Account for the replacement of the
Linden Street Bridge. In subsequent weeks the Council adopted a
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April 3, 1984 '
Resolution stating the City would proceed with the project, thereby
reserving the grant money from the state. Council also included
$175,000 in the 1984 Capital Projects Budget to provide the matching
funds required by the grant and provide enough money to complete the
project.
The provisions of the grant require that the money be issued to the
City in three payments. Each payment is made when the project has
reached a specific construction milestone. We have now received the
first payment. By City Code we cannot spend this money, nor the two
payments yet to come, until Council adopts an appropriation ordinance
authorizing such expenditure.
24. Resolution Authorizing the City Manager to Enter into an Agreement
with Resource Consultants, Inc. to Conduct a Drought Study.
The Water Board and City staff have long been interested in the
effects of extreme droughts on the City's water supply. As part of
the consideration of adding additional water treatment plant capacity,
the City Council, in Resolution 83-184, directed Water Board and City
staff to initiate a drought hazard study including an assessment of
water supply strategies for drought periods.
Funds are available in the prior year reserves of the Water Fund. An '
appropriation .to include the cost of $47,500 for the study is being
made by Ordinance No. 41, 1984 which appears on Second Reading on this
agenda.
25. Resolution Approving Three Temporary Use Permits with the Northern
Colorado Water Conservancy District Totaling 324 Acre -Foot Units of
CBT Water.
From time to time Northern Colorado Water Conservancy District (NCWCD)
water is turned over to the City of Fort Collins for satisfaction of
water rights requirements. Everitt Enterprises is transferring 324
units of NCWCD water to satisfy requirements on the Oakridge develop-
ment.
To accomplish the transfer, the Conservancy District requires that
Temporary Use Permits be approved by an appropriate resolution from
the City Council. Periodically, all NCWCD water owned and used under
a Temporary Use Permit is converted to use under a permanent contract.
26. Resolution Authorizing Execution of an Intergovernmental Agreem
with Larimer County W ereby Larimer County will Provi a Services
Participants in the City of Fort Collins REACH Program.
In October of 1983, the Light & Power staff presented the Council a
draft for a dollar check -off program. This check -off program, later
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April 3, 1984
titled the REACH program, was structured to provide citizens a means
for helping other citizens deal with ever increasing energy costs.
The program provides a means for contributors to add an additional
dollar, or any other amount which they may desire, to their monthly
utility bill payment. These funds are then used to provide low cost
weatherization assistance to low and medium income elderly members of
the community.
27. Resolution Authorizing a Ri
Enterprises for ease of the
9.1
of First Refusal Agreement with Giaco
ar Barn.
Tony Giacopelli and Eileen Humphries of Giaco Enterprises would like
to pursue leasing the Car Barn from the City of Fort Collins and
developing it into a European style open air market. Before spending
money on structural and mechanical analyses, they want some assurance
from the City that they will have the first option to lease the
building should other developers also become interested in it.
City staff has drafted a Right of First Refusal Agreement which would
provide Giaco Enterprises with the assurance they are requesting. The
resolution, would allow the City to enter into a Right of First
Refusal Agreement with Giaco Enterprises.
Resolution Authorizing the Sole Source Purchase of Fi
Accessories from Mesa Fi erg ass ro ucts.
lass Vaults &
Robert Kost, Deputy General Manager, Light and Power, invented the
fiberglass vault system used by the City of Fort Collins. In 1972, as
a joint project, the City and Mr. Kost secured patent rights for the
system and worked to secure a company to manufacture the components.
Mesa Fiberglass was selected as manufacturer.
Renewal of this sole source purchase is recommended at this time.
29. Resolution Authorizing the City Ma
ease for Computer Memory.
er to enter into a Sole Source
The Office of Information & Communications Systems needs to add more
memory to the Sperry Mainframe Computer in order to support the
additional computer programs developed and installed in 1983 and
1984.
This memory is available only from SPERRY CORP. The additional memory
will be leased for a period of two years at a cost of $2,415 per
month, plus 1130 per month for maintenance. The price negotiated is
' less than that offered on the Colorado State and. Local Government
pricing agreement. Money is available and budgeted for this lease.
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32
April 3, 1984
Resolution Authorizing the City Manager to Enter Into an Agreement
with the Burlington Northern Railroad and the DDA to Re ocate the
Downtown Railroad ar .
On March 20, 1984, the City Council held the first hearing for appro-
priation of $745,000 of which $427,000 is for yard relocation for the
DDA to pay for removal of the Downtown railroad yard. During the 1984
budget process, the City Council approved funds for the City's share
of this project which included $273,000 for the yard removal. The
resolution authorizes the City Manager to enter into an agreement with
the Burlington Northern Railroad and the DDA for the removal of the
Downtown Yard.
Resolution Endorsing H.R. 5185 Designating Portions of the Cache la
Poudre River as Wild, Scenic, or Recreational.
In accordance with direction given at the joint meeting of the City
Council and the County Commissioners; staff has prepared a resolution
on the Poudre River Designation, which coincides with the intent of
Legislation proposed by Congressman Hank Brown. Larimer County will I
take similar action and has agreed to transmit both resolutions to
Congressman Brown.
Routine Easement.
a. Grant of Easement from Fox Ridge II, which will provide alternate
access for fire and of er eh mergency equipment to the Southridge
Greens golf course clubhouse parking lot. Bucain Corporation
obtained this easement through the Fox Ridge II property to
provide for the necessary emergency access. The easement will
remain in effect until other permanent access is provided.
33. Final Desiqn Report for the Northwest Trunk Sanitary Sewer.
The Northwest Trunk Sanitary Sewer project consists of the instal-
lation of approximately 19,000 feet of 21-inch to 36-inch diameter
sewer main from Wastewater Treatment Plant No. 1 to a point just south
of the Poudre River on Taft Hill Road. The primary benefits of the
project are:
1. Eliminating the Taft Hill Lift Station and the associated main-
tenance and operation expenses.
2. Removing the existing moratorium previously imposed on new sewer
taps in the LaPorte area. '
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April 3, 1984
3. Providing increased pipe capacity from Taft Hill Road to Waste-
water Treatment Plant No. 1 to accommodate future growth.
4. Providing service capability north of the Poudre River where
wastewater collection service is currently not available. This is
in accordance with the previously established Land Use Policies
Plan.
No action is required by Council on this item. It is meant to be of
an informational nature, but is important because it illustrates how
we try to work with neighboring jurisdiction.
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #6. Second Reading of Ordinance No. 31, 1984, Annexing Approximately
19.66 Acres Located North of East Prospect Road, Between the
Union Pacific and Burlington Northern Railroad Tracks, ast o
Riverside Drive Known as the Upland Annexation.
Item #7. Second Reading of Ordinance No. 32, 1984, Zoning Approximately
19.66 Acres Located North of East Prospect Road Between the Union
Pacific and Burlington Northern Railroad Tracks, East of River-
side Drive, to the I- , General Industrial District known as t e
Upland nnexation.
Item #8. Second Reading of Ordinance No. 33, 1984, Changing Zoning Condi-
tions on Property Known as the Dixon Creek Annexation.
Item #9. 'Second Reading of Ordinance No. 34, 1984, Adopting Revisions to
ri+v rnrin antar QQ I qiikiivic4nn n an
Item #10. Second Readin,
pated Revenu
in the Storm
t eTi —ache a
of Ordinance No. 35, 1984
s and Appropriatinq Funds
urainage Tuna for the
ou re River F oodp ain.
Appropriating Unantici-
rom Prior Year Reserves
al Survev and MaDDlno of
Item #11. Second Reading of Ordinance No. 36, 1984, Appropriating Funds
from Prior Year Reserves in the Parkland Fundto be use or t e
Construction of Landings Par .
Item #12. Second Reading of Ordinance No. 37, 1984, Vacating Three Ease-
ments in The Front Nine at Sout ri qe Greens P. .
Item #13. Second
Reading of
Ordinance No. 38,
1984,
Vacating a Portion of a
Blanket
I
Easement of
the Fountainhead
PUD,
Phase III.
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April 3, 1984
Item #14. Second Reading of Ordinance No. 39, 1984, Vacating an Access
Easement in T e Woo ands PUD, Filing J.
Item #15. Second Reading of Ordinance No. 40, 1984, Approving an Appropri-
ation o riot Year Reserves in the Storm Drainage Fund for the
Lease -Purchase of a Tractor -Mower.
Item #16. Second Reading of Ordinance No. 41, 1984, Appropriating Monies in
the Water Fundto Conduct Studies on ater ates & Drnuo t
3
Item #17. Second Reading of Ordinance No. 42, 1984, Authorizing Issuance of
Sampson Partnership Project, $1,500,000 Industrial Development
Revenue Bonds, Series
Item #18. Second Reading of Ordinance No. 43, 1984, Appropriating Unantici-
pated evenue in t e Downtown Development Authority un or
Railroad rac Relocation.
Ordinances on First Reading were read by title by Wanda Krajicek, City I
Clerk.
Item #19. Hearing and First Reading of Ordinance No. 47, 1984, Appropri-
ating UnanticipatedRevenue in the Downtown Deve opment Aut ority
Fund for Downtown Par inq Fact ttv.
Item #20. Hearing and First Reading of Ordinance No. 48, 1984, Appropri-
ating Unanticipated Revenue in the CDBG Fund.
Item #21. Hearing and First Reading of Ordinance No. 49, 1984, Vacating all
Easements an Rights -of -Way on the Plat of Redwood Village PUD,
ase
Item #22. Hearing and First Reading of Ordinance No. 50, 1984, Vacating a
Portion o a Utt tty asement at t er an on ominiums, a D.
Item #23. Hearing and'
First Reading of Ordinance No. 51,
1984, Authorizing
the expenditure
of the Colorado
Highway Tommission grant o
$424,154 for
construction of
the Linden street
Bridge.
Councilmember Elliott
made a motion,
seconded by Councilmember Ohlson,
to adopt and approve
all items not
removed from the
Consent Calendar.
Yeas: Councilmembers
Clarke, Elliott,
Horak, Knezovich,
Ohlson, Rutstein,
and Stoner. Nays: None.
THE MOTION CARRIED.
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April 3, 1984
Resolution Authorizing a Right
of First Refusal Agreement
with Giaco Enterprises for
Lease of the Car Barn, Adopted
Following is the staff's memorandum on this item:
"Tony Giacopelli and Eileen Humphries of Giaco Enterprises would like to
pursue leasing the Car Barn from the City of Fort Collins and developing it
into a European style open air market. Before spending money on structural
and mechanical analyses, they want some assurance from the City that they
will have the first option to lease the building should other developers
also become interested in it.
City staff has drafted a Right of First Refusal Agreement which would
provide Giaco Enterprises with the assurance they are requesting. The
resolution which is attached for Council's consideration, would allow the
City to enter into a Right of First Refusal Agreement with Giaco Enter-
prises.
Essentially the Agreement says if a third party presents an acceptable
proposal for leasing the Car Barn, Giaco Enterprises will have ten (10)
days to exercise its Right of First Refusal option. If the lease which
Giaco Enterprises presents is acceptable, the City will have thirty (30)
days after receipt to execute it. The Right of First Refusal will have an
initial term which will expire in April 1985. The City will grant the
Right of First Refusal to Giaco Enterprises for ten dollars.
City staff believes redevelopment of the Car Barn would be beneficial. The
deteriorating structure is currently used by the Public Works Department
for vehicle and supply storage, and for a shop. An open air market would
be a higher use for the building.
The structure which is located at the corner of Cherry and Howes is in a
good location for redevelopment. It is close to the site of a proposed
hotel and conference/convention center, and in the path of the future
growth pattern of the central business district. The activity along the
Poudre River, the development of Martinez Park, the development of Mason -
Howes, the relocation of the railroad yards, and the Old Town project are
all happening in that area. Redevelopment of the Car Barn would add to
that momentum.
If the Right of First Refusal Agreement is approved by the City Council,
the City will begin negotiations with Giaco Enterprises to develop an
' acceptable permanent lease agreement and will begin to arrange for replace-
ment space for the uses currently in the Car Barn.
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April 3, 1984
City staff recommends approval of the resolution authorizing the City to
enter into a Right of First Refusal Agreement with Giaco Enterprises for
leasing the Car Barn."
Councilmember Clarke made a motion, seconded by Councilmember Stoner, to
adopt Resolution 84-60.
Dick Beardmore, 110 North College Avenue, expressed the concern of the
Landmark Preservation Commission that the developers or the City pursue
local historic designation of this property. Additionally, he noted the
Landmark Preservation Commission supported the proposed project as a
compatible use for the property.
Bruce Lockhart, 615 Mathews, felt the City should sell excess property
rather than lease it. He noted if the property was leased to a private
owner no property tax would be paid.
Eileen Humphries, 2211 South College, explained the terms of the Right of
First Refusal agreement, noting the 17 months allowed by the agreement
would give them time to explore all avenues of leasing and financing.
The vote on Councilmember Clarke's motion to adopt Resolution 84-60 was as
follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson,
Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Resolution Designating a Representative
of the City to Serve on the Board of
Directors of the Platte River Power
Authority In Lieu of the Mayor, Adopted
Following is the staff's memorandum on this item:
"The Mayor of Fort Collins serves on the Board of Directors of the Platte
River Power Authority or may designate a representative to serve in his or
her place.
John Knezovich has served on the PRPA Board since August, 1983, after the
resignation of former PRPA representative Gary Cassell.
The new Mayor elected at this meeting needs to determine whether he or she
will assume the seat on the PRPA Board or appoint a representative. If the
new Mayor chooses not to serve on the Board, the attached Resolution needs
to be adopted with the insertion of the name of one of the other Council -
members to serve as the Mayor's representative."
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April 3, 1984
Councilmember Clarke made a motion, seconded by Councilmember Stoner, to
adopt Resolution 84-66 inserting the name of John Knezovich. Yeas:
Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and
Stoner. Nays: None.
THE MOTION CARRIED.
Resolution Authorizing the City Manager
to Enter into an Agreement with James
H. Stewart and Associates, Inc. to
Conduct a Water Rate Study, Adopted
Following is the staff's memorandum on this item:
"The City has for the last_ several years been studying the need for a new
water treatment plant. By the adoption of Resolution 83-184, City Council
directed the Water Board and City staff to develop a comprehensive Water
Conservation Program which may include a cost effective phased metering
' program and the evaluation of water rates and "green lawn" maintenance.
Requests for proposals for the rate study were sent out in January and
eleven consulting firms from Fort Collins and the Denver area responded
with written proposals. A five -member selection committee reviewed and
rated -the proposals. The three finalists were James H. Stewart and Associ-
ates, Inc., Black and Veatch Consulting Engineers, and R. W. Beck and
Associates. The three finalists were invited for interviews. The firm of
James H. Stewart and Associates was selected as the most qualified firm.
The staff. then negotiated with them to arrive at the final scope of work
and contract cost.
Stewart and Associates was selected because they put together a team of
professionals which the selection committee believes would best address all
of the objectives of the study. The purpose of the study is to determine
the rate structure which would best satisfy the following objectives:
1. Distribute costs equitably among customers
2. Continue to encourage a "green" landscape and a pleasing environ-
ment in the City
3. Reduce peak day treated water use
4. Discourage the wasting of water
The team put together by Stewart and Associates also includes Pat Graham
and personnel from the firms of CH2M-Hill. and EDAW. CH2M-Hill will be
' primarily involved with the Cost of Service allocations and rate design.
They will develop a customized computer model which can also be used by the
April 3, 1984 '
City for future rate analyses. EDAW, Inc. will determine lawn irrigation
requirements and develop criteria for maintaining green lawns. Pat Graham
will conduct a customer survey to determine attitudes about metering and
green lawns. The consultant also proposes to conduct a public workshop to
obtain input from Fort Collins citizens.
The cost of the study will be $55,757. Funds for this study are available
in the prior year reserves of the Water Fund and are being appropriated by
Ordinance No. 41, 1984."
Councilmember Knezovich asked the record to show he did not participate in
the discussion or vote on this item.
Councilmember Elliott made a motion, seconded by Councilmember Stoner, to
adopt Resolution 84-67.
Dave Stewart, 2425 Creekwood, representing James H. Stewart and Associates,
gave background information on their proposal and introduced their consult-
ing staff.
Councilmember Ohlson expressed concern that since Dave Stewart served on
the Water Board, the credibility of the study might be questioned.
Mr. Stewart replied that due to his 1 1/2 years tenure on the Water Board,
'
he did not believe. he was closely identified with the position the Board
had taken with regard to water metering. He added that the guidelines for
the study precluded the consultants from influencing the results of the
study. Additionally, Mr. Stewart indicated he would only be the project
manager for the study and that CH2M Hill would be conducting the actual
engineering and economic study as to water rates.
Councilmember Ohlson asked Mr. Stewart how he would answer concerns about a
potential conflict of interest.
Mr. Stewart replied that prior to his appointment to the Water Board, his
firm had questioned the City Attorney and City staff about whether they
would be precluded from doing work for the City. He noted they had re-
ceived a "no" answer since the City Charter had been amended in 1971 to
allow Board and Commission members to do work for the City. He added
this particular study had been initiated by the Council, not the Water
Board, and that he had not been involved in any of the discussion relating
to the study. He noted the study would not give any conclusions, but would
provide four rate scenarios from a technical standpoint in association with
sociological input. These scenarios would point out the perceived and
actual advantages and disadvantages of each option.
Councilmember Stoner stated that since Mr. Stewart had made full disclosure
from the beginning, it was unfair to penalize him because he donates his I
time and expertise to the City by serving on the Water Board.
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April 3, 1984
Councilmember Ohlson stated that although he had some serious concerns
about the process or system, he would support the Resolution authorizing
the agreement for the rate study between the City and James H. Stewart and
Associates.
Councilmember Rutstein expressed concerns about the City's policy with
regard to Board and Commission members being awarded contracts for City
work and noted she was uncomfortable supporting this Resolution.
City Manager Arnold noted Boards and Commissions were advisory .to Council
and don't have the right to influence the selection of a contract. He
noted a work session would be scheduled to clarify and review the current
policy on this issue.
Mayor Horak stated he was concerned about the results of the study since
its outcome would undoubtedly be controversial. He expressed concern that
the firm who conducted the study would end up as part of the controversy as
well as the City policy. He noted he could not support the Resolution.
The vote on Councilmember Elliott's motion to adopt Resolution 84-67 was as
follows: Yeas: Councilmembers Clarke, Elliott, Ohlson, and Stoner. Nays:
Councilmembers Horak and Rutstein. (Councilmember Knezovich withdrawn)
THE MOTION CARRIED.
Citizen Particioation
Proclamation Naming the week of April 8 - 14 as Library Week was
accepted by Don Morgan, Library Board member.
Carol Podmore, 1205 West Mountain, expressed her opposition to the trolley
route on West Mountain and read a statement outlining her opposition.
Ordinance Amending Chapter 91
of the Code of the City of Fort Collins
Relating to Smoking in Public Places,
Adopted on Second Reading
Following is the staff's memorandum on this item:
"The proposed amendment to Chapter 91 concerning smoking in public places
was unanimously adopted on First Reading on March 20 and 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.
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1
April 3, 1984
An amendment to Chapter 91 is necessary due to certain provisions in
the present Code which weaken its enforceability and make conflicting
statements 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."
Ann Watson, representing the Larimer County Health Department, outlined the
health consequences of passive smoking and reviewed concerns expressed at
the previous meeting.
Councilmember Elliott made a motion, seconded by Councilmember Clarke, to
adopt Ordinance No. 23, 1984 on Second Reading.
The following persons spoke on this issue:
1. Ron Meyer, 2912 Edinburgh, representing GROAN, expressed opposi-
tion to the Ordinance and refuted the health department claims of
the dangers of passive smoking.
2. Bob Bisetti, 607 Strachan Drive, Bisetti's Italian Restaurant, '
expressed his opposition to the Ordinance from the standpoint of a
restaurant owner.
3. Carol Doty, 330 Paterson, stated she felt the Ordinance deprived
her of her constitutional rights.
4. Barbara Allison, 1212 Lynnwood, stated she felt the matter should
be voted on and stated her intent to circulate a referendum
petition.
5. Bruce Bailey, 3417 South Taft Hill Road, opposed the Ordinance.
6. Frederick Tiffany, noted law should be based on fact. He opposed
the Ordinance and noted he felt it did not represent the wishes of
the community.
7. John McConahay, 3319 Terry Lake Road, questioned the statements
with regard to high blood pressure being prevalent among smokers.
He noted he would begin' to patronize restaurants and businesses
outside the city limits.
8. Pete Bialek, GASP President, supported the Ordinance and stated he
felt non-smokers had the right not to inhale other persons smoke.
9. Don Brokhausen, 2400 Evergreen Drive, opposed the Ordinance on the '
grounds his rights were being violated.
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April 3, 1984
10. Ken Hathcoat, 600 Cowan, supported the Ordinance and urged its
passage.
11. Sharon Pennymaker, 1648 E. Pitkin, opposed the Ordinance and noted
its enforcement was impractical.
12. Bruce Johnson, 8304 Peakview, opposed the Ordinance from a busi-
ness owner's perspective.
13. Dr. Dwight Smith, 1119 Stratborough, supported the Ordinance and
noted there had been a preponderance of evidence over the past 20
years indicating there were at least some problems associated with
smoking and inhaling smoke by non-smokers.
14. Earl Rogers, 3717 South Taft Hill Road, opposed the Ordinance
noting the rights of minorities should be considered.
15. James Reilly, 2900 Worthington, supported the Ordinance and asked
for cooperation from smokers in not smoking in non -designated
' areas.
Councilmember Rutstein noted Council was responding to numerous members of
the community who get physically ill from smoke, not just annoyed. She
stated the medical evidence was overwhelmingly in favor of the dangers of
active_ and passive smoke. She stated the issue was people being forced to
breathe a substance that is unhealthy for them, not a substance that they
simply don't like. She noted she supported the Ordinance and felt the
enforcement of it would be reasonable.
Councilmember Knezovich noted he would support the Ordinance because he
felt the majority of the citizens of Fort Collins would want its passage.
Councilmember Elliott cited the public input that went into the drafting of
the Ordinance. He noted he felt the Ordinance was very workable and
manageable and respected both sides of the issue.
Councilmember Clarke noted the penalty involved with this Ordinance was no
different than the penalty for any violation of any other City Ordinance.
Fines would be generally of a nominal fee, not the maximum of $300. He
added the Ordinance would define some parameters for the protection and
freedom of those people who do not want to be affected by smoke.
Councilmember Ohlson noted Council had made every effort to involve the
' public in the early stages of this issue. He noted the Ordinance could be
changed if problems are noted during the first six months to one year of
its implementation.
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April 3, 1984
The vote on Councilmember Elliott's motion to adopt Ordinance No. 23, 1984
on Second Reading was as follows: Yeas: Councilmembers Clarke, Elliott,
Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Resolution Authorizing an Intergovernmental
Agreement Between the City and the Fort Collins -
Loveland Airport Authority Establishing a Line -
of -Credit for the Authority's Use, Adopted
Following is the staff's memorandum on this item:
"In the establishment of the 1984 budget, the City included $144,000 as a
transfer to the Airport Authority to cover 50% of the debt service on the
$2,000,000 sales and use tax bond issue that the City of Fort Collins
issued in the Fall of 1982. There was no operating subsidy to the Au-
thority budgeted for 1984 or subsequent years.
By request to the two City Managers dated March 21, 1984, the Airport
Authority requested assistance in meeting their cash needs. In addition to
the debt service requirements, the Authority needs assistance in paying
operating expenses that, excluding $3,000 for 1983 bills paid by the
Authority in 1984, amounts to $22,000. Based upon the 50/50 split between
Fort Collins and Loveland that was in effect prior to the establishment
of the Authority, Fort Collins' share of these immediate needs would be
$11,000. But our interest is in making the airport function well, so
providing them cash flow money is important.
We recommend the establishment of a $50,000 line -of -credit for the Airport
Authority to be utilized on a revolving basis. The initial line -of -credit
would mature on September 30, 1985. The interest rate charged on the
line -of -credit would be the equivalent of the City of Fort Collins invest-
ment rate.
Staff will present to Council a review of a line -of -credit at the comple-
tion of eight months of our budget year at which time the City Council can
evaluate whether they desire to leave the line -of -credit in place or to
appropriate a contribution to the Airport Authority equal to the amount
drawn against the line -of -credit."
Councilmember Ohlson made a motion, seconded by Councilmember Knezovich, to
adopt Resolution 84-68. Yeas: Councilmembers Clarke, Elliott, Horak,
Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
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1
April 3, 1984
Ordinance Amending Chapter 38 of the
Code of the City by Adopting the
Uniform Building Code, 1982 Edition,
with Amendments, Adopted on First Reading
Following is the staff's memorandum on this item:
"The ad hoc Code Development Committee comprised of area builders, de-
signers, and code officials from the City, Larimer County, and Loveland;
and a member of the Commission on Disability began a detailed review in
February, 1983 of the 1982 Edition of the Uniform Building Code. The
results of this effort are reflected in the attached amendment proposal.
The previous draft discussed at the March 13 worksession, included a
proposal to offer staff plan review of single-family residences constructed
by licensed contractors as an optional service. This was an effort to
shift Building Inspection Division staff resources from routine residential
.plan review to more complex commercial buildings, and to emphasize contrac-
tor responsibility and on -site inspection of houses. This latest draft
' proposes other administrative options to adequately address current need,
e.g. residential plan review by licensed professionals and the use of
outside "approved" plan review firms.
The provisions proposed in "Chapter 38" are staff recommendations which
bear strong consideration if the Poudre Fire Authority's "Master Plan"
philosophy of "built-in" fire protection (as opposed to fire suppression
response), is regarded to be a viable method of limited resource manage-
ment. This is the most significant of the entire proposed amendment
package. .Many more moderately sized building projects would be affected.
Offices, retail spaces, warehouses, and apartment buildings over 5,000
square feet in floor area would be required to be separated into 5,000
square -foot "fire containment areas" consisting of physical smoke/fire
barriers, or be fully fire-sprinklered. Occupant safety would be enhanced
to a significant degree beyond model code requirements, but with some
commensurate increase in construction cost (estimated at 4% - 8% based on
$40 per square feet).
The "Plan verification" fee revenues as proposed would be 30% -50% of full
"plan review" fees. This decrease should be offset by adoption of the fee
schedule as published in "Table 3-A" of the model code which averages 15%
more than the current fee structure. Overall, no significant change in the
Building Inspection Division revenue picture would be anticipated."
Felix Lee, Director of Building Inspection, outlined the changes proposed
' by this Ordinance and described the involvement of the area builders and
developers in reviewing the proposed code.
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April 3, 1984 '
Councilmember Rutstein made a motion, seconded by Councilmember Ohlson, to
adopt Ordinance No. 52, 1984 on First Reading.
Fire Chief John Mulligan spoke of the Poudre Fire Authority's philosophy of
"built in" fire protection and of the cost savings to be realized district
wide by this philosophy.
Bruck Lockhart, 615 Mathews, stated he felt building codes slowed down the
improvement of building technology and raised construction costs.
Councilmember Clarke stated City staff would be receptive to new and
innovative ideas and, if found reasonable and prudent, would act to amend
the code to allow the new techniques.
The vote on Councilmember Rutstein's motion to adopt Ordinance No. 52, 1984
on First Reading was as follows: Yeas: Councilmembers Clarke, Elliott,
Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Items Relating to Solar Access Strategy I
Following is the staff's memorandum on this item:
"Staff has prepared the following resolutions and ordinances which would
implement a Fort Collins "Solar Access Strategy". The proposals are the
product of approximately twelve (12) months of extensive research and
evaluation by City Staff, the Planning and Zoning Board, and City Council.
Work sessions with the Planning and Zoning Board and City Council and
public information meetings have proceeded this recommendation. Public
comments on the "Strategy" have been favorable. On September 26, 1983, the
Planning and Zoning Board voted 6-0 to recommend approval of the proposed
solar access strategy to City Council. During an October 18, 1983, work -
session, City Council discussed the proposal and directed staff to begin
preparation of the final documents and ordinances.
Briefly, the proposed "Solar Access Strategy" consists of six levels of
City involvement. These are:
A. Resolution Adopting General Solar Energy Policies.
B. Resolution Adopting Policies for Solar Access for City Properties
and Projects.
C. Hearing and First Reading of Ordinance No. 44, 1984, Amending
Sections of the Zoning and Subdivision Regulations to Eliminate I
Possible Barriers to Solar Energy Utilization.
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April 3, 1984
Resolution Directing Staff to Provide Information and Assistance
to the Citizens of Fort Collins about the use of Private Solar
Easements.
Hearing and First Reading of Ordinance No. 45, 1984, Amending
the Zoning Code to include a "Solar Notification Service".
F. Hearing and First Reading of Ordinance No. 46, 1984, Amending
the Land Development Guidance System to include Solar Access
Planning Critieria.
Planner III Joe Frank presented the Solar Access Strategy and described the
citizen involvement in developing the strategy.
Resolution Adopting General Solar
Energy Policies, Adopted
Following is the staff's memorandum on this item:
"This Resolution adopts solar energy and solar access policies. Not only
does such a move provide consistent policy direction but it supports
increased regulation of development to protect solar access. As a general
rule, the more extensive the regulations are, the stronger the policies
should be. If solar access protection strategies and regulations are
challenged, then explicit findings, policies, and data that address
solar energy and solar access will support the appropriateness of adopting
such strategies and policies. The City report, "Potential for Solar Energy
Use in Fort Collins", should satisfy some of these requirements. The
recommended policies begin with a statement of the findings that justify
promoting the use of solar energy in the community and then go on to the
specific policies that implement community use of solar energy systems and
protection of solar access."
Councilmember Rutstein made a motion, seconded by Councilmember Knezovich,
to adopt Resolution 84-54.
Andrea LaPointe, 409 Edwards, CoPIRG representative, suggested the hypo-
thetical fence height be lowered from 25 feet to 15 feet to protect both
active and passive systems.
The vote on Councilmember Rutstein's motion to adopt Resolution 84-54 was
as follows: ' Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich,
Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
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April 3, 1984
Resolution Adopting Policies for
Solar Access for City Properties
and Projects, Adopted
Following is the staff's memorandum on this item:
"This Resolution establishes policies pertaining to the granting of solar
easements over existing City property, mitigating or reducing the impact of
City development or redevelopment projects on adjacent private solar
systems, and planting of street trees. The policy recommendations would
protect homeowners from existing and future proposed City projects by
liberally granting solar easements over City property for existing residen-
tial solar systems and by carefully reviewing other requests for solar
easements for proposed solar systems. The City will also consider design
in street tree planting programs to consider solar access including expand-
ing species planting lists to include trees with minimal effects on solar
access, providing guidelines for placement of street trees so they do not
block solar access, and adapting street tree plans to improve solar access."
Councilmember Clarke made a motion, seconded by Councilmember Rutstein, to
adopt Resolution 84-55. Yeas: Councilmembers Clarke, Elliott, Horak,
Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Ordinance Amending Certain Sections of
the Zoning and Subdivision Regulations to
Eliminate Possible Barriers to Solar Energy
Utilization, Adopted on First Reading
Following is the staff's memorandum on this item:
"An important step in protecting solar access to solar energy systems is to
identify possible barriers to the utilization of solar energy in new and
existing buildings which arise through the application and enforcement of
the subdivision and zoning regulations. In staff's examination of the
subdivision and zoning codes, the following provisions were considered:
Zoning Ordinance
1. Adding needed definitions;
2. Examining height restrictions
3. Revising variance criteria;
4. Making solar energy systems a
5. Allowing solar energy systems
and exemptions;
permitted accessory use;
to project into required yards.
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April 3, 1984
Subdivision Regulations
6. Revising variance criteria.
ific Recommendation (larger case letters indicate additions):
1. Staff recommends that Section 118-11, "Definitions", of the Zoning
Ordinance, be amended to include a definition of "solar energy sys-
tems". This term will be used in other proposed amendments. The term
"solar energy system" as defined is intended to identify a range of
solar energy system types, including passive, active, and photovoltaic
arrays. The proposed definition follows very closely the definitions
provided in the State Statutes.
2. Section 118-11, "Definitions" of the Zoning Ordinance, under the term
"Building Height" expressly provides a list of exceptions to the
maximum building height limitation including chimneys, ventilators,
pipes, and similar apparatus. When the slope of the roof or orienta-
tion of the building is not optimal, solar collector mountings may
' elevate the collector above the rooftop. If a building already reaches
the maximum height allowable under the provisions of the zoning ordi-
nance, an elevated rooftop collector may exceed the height limitations
and be, thus, prohibited. In order to allow such collectors, staff
recommends solar energy systems be included among the list of excep-
tions to height regulations.
3. Section 118-20 B provides criteria for the Zoning Board of Appeals in
granting variances to the provisions of the Zoning Ordinance including
exceptional narrowness, shallowness of slope, or other extraordinary
situations or conditions. Staff recommends an additional criteria be
considered for the installation of solar energy systems.
4. Section 118-81 B of the Zoning Ordinance provides a list of accessory
buildings and uses that are permitted in all zoning districts, for
example: signs, off-street parking areas, fences, private greenhouses
and swimming pools, incinerators, and storage areas, identified as
tributary to the principle use are permitted in the same district
as the principle use. When a solar energy system is detached from the
principle structure, the device would be considered under current staff
interpretations as an "accessory use". While solar energy systems have
been administratively included in the list of "accessory uses", staff
recommends the use be explicitly listed.
5. Section 118-82 B "Supplementary Yard Regulations" of the Zoning Ordi-
nance, allows limited projections into the required yard space; for
example, cornices, eaves, and similar architectural features may
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April 3, 1984
project 2 feet, and fire escapes may project 6 feet. Solar energy
systems may incorporate projecting apparatus that extend beyond the
projection distances allowed. For instance, there are active and
passive systems which use reflectors to increase efficiency as well as
overhangs and shade control devices used to prevent summer overheating.
Some wall mounted systems may project into the required yards. There-
fore, staff recommends the zoning ordinance be amended to allow the
projection of solar energy systems into the required yards.
6. Section 99-7 A "Variances" of the Subdivision Regulations, provides
criteria for the Planning and Zoning Board in varying the requirements
of the subdivision regulations including exceptional topographical,
soil, or other subsurface conditions or other conditions peculiar to
the site. In some instances, a justifiable reason for varying some of
the requirements of the subdivision regulations might be for reasons of
solar access or solar design. Therefore, staff recommends Section 99-7
A of the Subdivision Regulations be amended to allow such variances."
Councilmember Rutstein made a motion, seconded by Councilmember Ohlson, to
adopt Ordinance No. 44, 1984 on First Reading. Yeas: Councilmembers I
Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays:
None.
THE MOTION CARRIED.
Resolution Directing Staff to Provide
Information and Assistance to the
Citizens of Fort Collins About the
Use of Private Solar Easements. Adopted
Following is the staff's memorandum on this item:
"One approach to encourage solar protection in the existing developed parts
of the community is private solar easements. A solar easement is a private
agreement between property owners to control the location of structures and
vegetation on the southern lot and to assure sunlight to an existing or
future solar energy system. Easements are interests in real property that
can be transferred like the property itself. The State of Colorado was the
first state in the nation to enact legislation which sets forth the techni-
cal requirements for solar access easements. A solar easement is required
to include a description of the, real property within which the solar ease-
ment extends and the restrictions placed upon vegetation and structures.
Other factors to consider in the solar easement are compensations for the '
southern neighbor, time period of the easement, maintenance clause, and
compensation for interference with the easement.
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April 3, 1984
In order to encourage the use of private solar easements, the Department of
Planning and Development and the Light and Power Utility will take an
active role in providing information and assistance to the property owner
seeking protection. Implementation of this approach is already underway
through the preparation and planned publication of four information packets
or booklets which can be distributed to those who become involved in any of
the ordinance procedures. The solar notification service documents will be
prepared first. An application form will be printed along with a pamphlet
which describes how the process works. A solar access strategy pamphlet
will be prepared next. Among other things, it will describe general City
policies in regard to solar energy, solar access, administrative policies
and solar access criteria in new planned unit developments. It will also
describe the solar notification service and how it affects the solar system
owner and builder. Thirdly, work is underway for preparation of a solar
easement handbook. This handbook will describe the steps needed for filing
such easements, the problems which could be encountered and the remedies
which are available should a solar system be shaded. Finally, a solar
access data handbook showing climate/sun information for Fort Collins,
procedures for sun chart preparation and the like, will be prepared.
As a follow up to the implementation steps outlined, the staff of the
Departments of Planning and Development and Light and Power Utility plan to
conduct workshops which will not only explain the solar access strategy and
its various provisions, but gather public comment and suggestions as well.
The first such workshop was held on December 6, 1983, in the Energy Show-
case Home conducted by Joe Frank. Later, another workshop will be arranged
to involve such groups as attorneys, architects and others in developing
the "nuts and bolts" of the solar easement process and other procedures.
Finally, a workshop will be held to inform the general public about the
advantages of the solar access easement.
A work group composed of Light and Power Utility staff and Planning and
Development staff has been formed with the purpose of implementing the
above activities."
Councilmember Ohlson made a motion, seconded by Councilmember Rutstein, to
adopt Resolution 84-56. Yeas: Councilmembers Clarke, Elliott, Horak,
Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Ordinance Amending Zoning Code
to Include Solar Notification
Service, Adopted on First Reading
' Following is the staff's memorandum on this item:
:m
April 3, 1984
"An important ingredient for success in securing a private solar access
agreement and for protecting access to existing solar energy systems is
communication between the solar owner and his neighbors to the south.
Critical to communication is adequate notification to the solar owner of
planned construction of a new structure or an addition to an existing
structure that may potentially block sunlight to his solar energy system
and notification to the building/property owner that his proposed construc-
tion would block access of sunlight to his neighbor's solar energy system.
In facilitating this exchange of information, staff recommends the City
adopt a procedure whereby solar owners would be notified of impending
construction which would potentially block access to sunshine to his solar
energy system and allow a time period wherein the two property owners
could meet and negotiate a mutually acceptable solution before construction
begins. The negotiation would be voluntary and would operate as follows:
r
1. As building permits for solar energy systems are issued, the solar
owner would be offered the option of filing an application for the
Solar Notification Service with the Building Inspection Division. The
application would include pertinent information about the solar energy
system including street address; owner's name, address and telephone;
type and approximate location of the solar system; and a general plan
schematic indicating the area on adjacent lots wherein future construc-
tion could take place which would block access to sunlight from the
solar collection device. Solar owners who have been issued building
permits for solar energy systems prior to the enactment of this Service
may submit an application to be included in this Service. The Building
Inspection Division would maintain the file for easy reference.
2. The Building Inspection Division would review building plans for their
impact upon access to sunshine on registered solar energy systems. If
the issuance of a building permit would allow construction which would
extend into the "solar protection area" described for a registered
solar energy sytem, the Director of Building Inspection may place the
issuance of any building permit on hold for a period of not more than
ten (10) working days, whereupon the builder would be promptly notified
of the problem and be given a copy of the application for the solar
notification service as submitted by the affected solar owner. The
Building Inspection Division may also inform the solar owner of the
potential shading problem. Failure of the Director of Building In-
spection to perform any of the services herein provided shall not
affect the validity of issuing a building permit by the Building
Inspection Division.
3. The builder and the solar owner would have ten working days within
which to explore the details of the solar obstruction and hopefully to
negotiate a solution.
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April 3, 1984
4. At the end of the ten day negotiating period or if the matter is sooner
resolved, the Building Inspection Division would issue the building
permit, if all other requirements of City Code are met.
In order for the Service to achieve its goal of protecting access to
sunshine to existing solar energy systems, staff will prepare written
information on the process and procedures of the Service for builders,
developers, and homeowners. Designers and builders would be encouraged to
check the files of the Solar Notification Service to identify potential
solar access problems before preparing and submitting building plans.
Potential solar owners would be encouraged to consider locating solar
collectors where future shading from obstructions are minimized."
Councilmember Ohlson made a motion, seconded by Councilmember Rutstein, to
adopt Ordinance No. 45, 1984 on First Reading. Yeas: Councilmembers
Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays:
None.
THE MOTION CARRIED.
' Ordinance Amending Section 118-83 of
the Land Development Guidance System
to Include Solar Access Planning
Criteria, Adopted on First Reading
Following is the staff's memorandum on this item:
"For our rapidly growing community the most significant action the City can
take to assure future solar access is in revising the Land Development
Guidance System (LDGS).
The first step is -to adopt performance criteria as a part of the LOGS
regulations which would prohibit the location of landscaping and structures
on PUD sites which would shade adjacent lots. Staff recommends the level
of protection that would be most feasible and fair would be rooftop pro-
tection. The approach staff is recommending is to establish in the LDGS a
performance standard which sets the level of shading that could occur off
the site of a Planned Unit Development. One of the most easily calculable
and visualized techniques is the "hypothetical wall". The proposed height
of the wall is twenty-five feet since under most circumstances this height
will allow higher densities and intensities of development yet protect
rooftop access on adjacent properties.
The second step is to adopt performance criteria as part of the Planned
' Unit Development Regulations which would protect proposed solar energy
systems and rooftop surfaces in the Planned Unit Development from being
blocked from the sun's energy.
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April 3, 1984
Both of these criteria have been written to present an explicit level of
expected performance but yet subjective enough to allow the designer
latitude in designing and laying out his project."
Councilmember Rutstein made a motion, seconded by Councilmember Stoner, to
adopt Ordinance No. 46, 1984 on First Reading.
Planner III Joe Frank spoke of the reasons a 25 foot hypothetical wall was
chosen over other possible height restrictions. He noted a wind shield
survey of the shadow conditions was taken to determine what problems exist.
He added another survey determined what type systems were being installed.
The majority of the 500 systems installed were solar domestic hot water
systems, active systems mounted on roof tops. The 25 foot approach was
designed to protect those systems. He stated the strategy offers protec-
tion to both active and passive systems.
Councilmembers Rutstein, Ohlson, and Clarke noted they had concerns that
passive systems were not being addressed, but noted they were willing to
see how the strategy works over the next six months to one year reserving
the right to amend the Ordinance at that time. '
The vote on Councilmember Rutstein's motion to adopt Ordinance No. 46, 1984
on First Reading was as follows: Yeas: Councilmembers Clarke, Elliott,
Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Ordinance Appropriating Unanticipated
Revenue in the Downtown Development
Authority Fund for Downtown Parking
Facility, Adopted on First Reading
Following is the staff's memorandum on this item:
"The Board of Directors of the Downtown Development Authority at its March
21 meeting adopted the budget for construction of the parking facility to
be located at the southeast corner of Mountain Avenue and Remington Street.
The intergovernmental agreement between the DDA and the City provides a
line -of -credit for the initiation of the construction phase of the parking
structure. Bids have been received and negotiations are underway with the
lowest bidder, Madsen Western Builders.
The budget for construction is: '
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April 3, 1984
Demolition, Construction, Landscaping $2,220,000
Office Design 65,520
Office Finish 22,580
Contingency and Administrative Fee 130,000
Total $2,438,100
This is the third phase of the development of this project, following
design of the structure and land acquisition. Council's support of the
project has been instrumental in the timely progress of the facility's
development. The agreement with Old Town Associates initially called for
completion of the structure by October of this year. While there is no
longer a legal obligation to complete the structure by October, the DDA
Board feels a moral obligation to attempt to meet this date. Appropriation
of the funds by City Council will assist the Downtown Development Authority
in meeting this goal."
Councilmember Rutstein made a motion, seconded by Councilmember Stoner, to
adopt Ordinance No. 47, 1984 on First Reading.
Barbara Schofield, DDA Chairperson, noted the estimate of the cost of the
' garage was over the original cost estimate. She added the DDA had identi-
fied items that can be removed from the budget but were still over the
original estimate. She noted approximately $100,000 had been removed from
the project that will have little or no effect on the look or function of
the facility. An additional $65,000 in savings could be realized by
replacing the brick facia with an aggregate facia. She noted the DDA Board
had voted to remove the brick facia material. The Board is now awaiting
approval of the change by Director of Planning & Development Curt Smith who
was given the authority to approve or disapprove the facia change by the
Planning & Zoning Board.
Assistant to the Director of Planning and Development Linda Hopkins noted
that timing was a crucial element on this project. She noted the design of
the garage was a substantial concern of the Planning & Zoning Board and
that lengthy discussion was held on the arches and the brick facia. They
were reluctant to approve the facia change without it being identified as a
major cost savings. Because of the timing, the Planning & Zoning Board
delegated the authority to Curt Smith to follow the recommendation of the
DDA Board if he saw that to be necessary, and to approve or disapprove the
facia change on that basis.
Ed Zdnek, ZVFK Architects, explained the reasons the bids came in over
budget. He stated original estimates for pre -cast concrete had been
$800,000 but in February those estimates increased to $1.2 million causing
the increase in the budget. The bids. were approximately 18% over the
' original estimate, the majority of the increase being in the pre -cast
concrete area.
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April 3, 1984 '
Bill Kingsbury, DDA Director, noted the next bond issue contained approxi-
mately $3.4 million of construction costs, $745,000 of which is obligated
to the railroad project. The DDA would like to keep the costs down in
order to do some sidewalk improvements, the parking garage, and the rail-
road project with this issue. Any savings from the garage project could be
used towards other yet to be identified projects.
Several Councilmembers expressed their concerns that removing the brick
facia would seriously affect the compatibility of the structure with Old
Town and would also change the quality and standards of the project. The
cost savings realized by the change are not significant enough to sacrifice
the esthetic appearance brick would bring.
Councilmember Knezovich made a motion, seconded by Councilmember Rutstein,
to allow the DDA to change from the plan presented to the Planning & Zoning
Board by deleting the brick facia and replacing it with aggregate and
making some minor modifications to the landscaping plan.
Councilmember Clarke stated he would prefer a motion recommending to the
DDA that brick be used on the structure and requesting them to reconsider
their decision.
Councilmembers Knezovich and Rutstein withdrew their motion.
Councilmember Clarke pointed out that whether or not there is brick on the '
structure is not a DDA decision since DDA is the developer. The decision
is a Planning & Zoning decision, based on their evaluation of the PUD. The
Planning & Zoning Board has delegated their authority to Curt Smith.
Councilmember Clarke made a motion, seconded by Councilmember Stoner, to
recommend to Curt Smith that brick be used as the facia material on the
parking structure. Yeas: Councilmembers Clarke, Elliott, Horak, Knezo-
vich, and Stoner. Nays: Councilmember Rutstein. (Councilmember Ohlson
abstained)
THE MOTION CARRIED.
The vote on Councilmember Rutstein's motion to adopt Ordinance No. 47, 1984
on First Reading was as follows: Yeas: Councilmembers Clarke, Elliott,
Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Resolution Authorizing the Sole
Source Purchase of Fiberglass
Vaults & Accessories from Mesa
Fiberglass Products, Adopted '
Following is the staff's memorandum on this item:
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April 3, 1984
"Robert Kost, Deputy General Manager, Light and Power, invented the fiber-
glass vault system used by the City of Fort Collins. In 1972, as a joint
project, the City and Mr. Kost secured patent rights for the system and
worked to secure a company to manufacture the components. Mesa Fiberglass
was selected as manufacturer.
Renewal of this sole source purchase is recommended for the following
reasons:
1. The manufacturer, Mesa fiberglass, has a substantial plant invest-
ment in the forms required to make each component.
2. The Exclusive License Agreement between the City of Fort Collins
and Mesa Fiberglass Products Company signed 12-20-73 extended the
term of this agreement until June 27, 1989, with a 30 day written
notice required by the City to terminate the agreement. At this
time, considerable time would need to be expended to write speci-
fications and complete testing if the City chose to terminate this
agreement and bid it to any other qualified manufacturers.
This would not facilitate time restraints involved in procuring
vaults for current requirements.
3. Purchasing and Light and Power will continue to pursue feasibili-
ties of bidding these vaults but at this time, recommend continu-
ance of the sole source with Mesa Fiberglass.
In 1981, the City of Fort Collins purchased vaults and accessories in the
amount of $67,100.00 and received royalty payments of $1,822.74. Total
1983 purchases were $75,394.00 with $4,392.06 paid to the City as royal-
ties. (No purchases were made in 1982.) Currently pending is an order of
$139,500.00 for 1984 requirements.
Royalty income is paid on all sales Mesa makes to other businesses."
Councilmember Stoner made a motion, seconded by Councilmember Elliott, to
adopt Resolution 84-62.
Councilmember Stoner asked why Council was being asked to adopt the Resolu-
tion at this time since the agreement lasts until June 27, 1989.
City Manager Arnold replied because it was a sole source purchase. The
agreement or the royalty sharing were not involved.
Purchasing Agent Jim O'Neill stated Mesa Fiberglass was owned by Joy
Manufacturing, a large national firm.
April 3, 1984 '
City Manager Arnold stated the royalty agreement had been negotiated with
Mr. Kost and was basically a 75%-25% split in favor of the City.
The vote on Councilmember Stoner's motion to adopt Resolution 84-62 was as
follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson,
Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Resolution Endorsing H.R. 5185
Designating Portions of the
Cache la Poudre River as Wild,
Scenic, or Recreational, Adopted
Following is the staff's memorandum on this item:
"In accordance with direction given at the joint meeting of the City
Council and the County Commissioners; staff has prepared a resolution on
the Poudre River Designation, which coincides with the intent of Legisla-
tion proposed by Congressman Hank Brown. Larimer County will take similar
action and has agreed to transmit both resolutions to Congressman Brown."
Councilmember Rutstein made a motion, seconded by Councilmember Ohlson, to '
adopt Resolution 84-65.
Councilmember Knezovich stated he respected the work of Mayor Horak and the
other members of the Committee, but would vote negatively on the Resolu-
tion. He stated he felt the local citizens had done an admirable job over
the years in managing the river as a resource and that there was no need to
have federal government interference in such matters.
The vote on Councilmember Rutstein's motion to adopt Resolution 84-65 was
as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Ohlson, Rut-
stein, and Stoner. Nays: Councilmember Knezovich.
THE MOTION CARRIED.
Other Business
Resolution Authorizing the City
to Engage in Litigation Together
with the State of Colorado
Against the United States Air Force
Councilmember Ohlson read Resolution 84-69 in full. This Resolution dealt
with proposed litigation against the U.S. Air Force relating to the lack of I
MX scoping hearings in Colorado.
51-YA
April 3, 1984
Councilmember Ohlson made a motion, seconded by Councilmember Rutstein, to
adopt Resolution 84-69 authorizing the City to engage in litigation to-
gether with the State of Colorado against the U.S. Air Force regarding the
above issue.
Ken Bonetti, 627 Whedbee, supported the Resolution noting he felt the
question of nuclear weapons and the deployment of strategic missiles was a
local issue. He urged Council to act favorably on the Resolution.
The vote on Councilmember Ohlson's motion to adopt Resolution 84-69 was as
follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson,
Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Executive Session Authorized
Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to
' adjourn into Executive Session for the purpose of discussing legal matters.
Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein,
and Stoner. Nays: None.
THE MOTION CARRIED.
Adjournment
At the conclusion of the Executive Session, Councilmember Clarke made a
motion, seconded by Councilmember Elliott, to adjourn the meeting. Yeas:
Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and
Stoner. Nays: None.
The meeting adjourned at 12:55 a.m.
,"
Mayor
ATTEST:
"
CityCityClerk— ��—