HomeMy WebLinkAboutMINUTES-02/15/1983-RegularFebruary 15, 1983
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 15, 1983, at 5:30 p.m. in the Council Chambers in the
City of Fort Collins City Hall. Roll call was answered by the following
Council members: Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth.
Absent: Mayor Cassell.
Staff Members Present: Meitl, Krajicek, Huisjen, .Lewis, C. Smith, Waido
Agenda Review: City Manager
Deputy City Manager Meitl asked that Item #8, Ordinances Relating to Street
Improvement District #74, be withdrawn from the Consent Agenda so that a
substitute ordinance could be offered. He reported staff was asking that
Item #11, Resolution Providing for the Issuance of Industrial Development
Revenue Bonds (Anheuser-Busch) in the Principal Amount not to exceed
$1,000,000, be withdrawn so that staff could further review the issue with
Anheuser-Busch.
Councilmember Horak asked that Item #13, Resolution Making Findings Rela-
tive to the Poudre River Trust, 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 #26, Pulled Consent Items, except items pulled by anyone
in the audience or items that any member of the audience is present to
discuss that were pulled by staff or Council. These items will be dis-
cussed immediately following the Consent Calendar.
' 4. Consider Approving the Minutes of the regular meeting of February 1,
1983
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February 15, 1983
5. Second Reading of Ordinance No. 10, 1983, Vacating Belmar Drive, and
Adjacent Easements Located in Westgate Fifth Filinq. Lots 5-17. Case
This Ordinance was unanimously adopted on First Reading on February 1
and is a request to vacate Belmar Drive and adjacent easements, in
Westgate Fifth Filing, Lots 5-17. Belmar Drive is to be vacated from
the north right-of-way line of Azalea Drive to the south right-of-way
line of Spruce Drive. There are presently no utilities existing in
this portion of Belmar Drive to be vacated.
Lots 5-17 of Westgate, Fifth Filing have been resubmitted into one
lot, incorporating a R-M site plan, and Belmar Drive is no longer
needed. 1.
6. Second Reading of Ordinance No. 11, 1983, Vacating an Easement Located
at the Drake Crossing Shopping Center PUD.
This Ordinance was unanimously adopted on First Reading on February 1 '
and is a request to vacate a utility easement in the Drake Crossing
Shopping Center PUD. The vacation would permit design changes to the
proposed Walgreen's Building in Tract "A". No utilities have been
installed within the easement. Staff recommends, approval of the
easement vacation at Drake Crossing Shopping Center PUD.
7. Second Reading of Ordinance No. 12, 1983, Vacating An Easement Located
at Scotch Pines Eighth Filinq, Lots 17 an Case No. 9- A
This Ordinance was unanimously adopted on First Reading on February 1
and is a request to vacate the utility easement along the northerly
15-feet of Lots 17 and 18 in Scotch Pines, Eighth Filing. These lots
are being replatted and the easement is no longer needed in this
location. The lots are being replatted into a PUD and new utility
easements are to be dedicated. Cost of removing and relocating
utilities existing in the easement will be the responsibility of the
applicant.
8. Ordinances Relating to Street Improvement District #74.
A. Second Reading of Ordinance No. 13, 1983, Amending Ordinance No.
148, 1982, Assessing Construction Costs on West Mulberry Street,
Improvement District #74.
B. Second Reading of Ordinance No. 14, 1983, Appropriating Funds from I
Streets Minor Capital to the Improvement District Account.
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February 15, 1983
A review of the assessments for this improvement district has revealed
that two properties should have been given credit for existing im-
provements. Chapter 16 of the City Code states that credit will be
given to property owners for existing improvements. The total amount
of the two credits is S2,366.13. The credits are to be distributed to
Mrs. Rose L. Miller, $864.03, and Edward Thai, $1,502.10. Mrs. Miller
had existing curb and gutter and Mr. Thai had existing curb, gutter
and sidewalk. In addition to these two credits, staff is recommending
a change in ownership on one property from Norman Graham to Stephen
Englehardt.
To accomplish these revisions, an amending ordinance was prepared and
adopted on First Reading on February 1. An appropriation ordinance in
the amount of $2,366.13 was also,.approved on First Reading on February
1, to shift funds from the Streets Minor Capital account to cover the
credit.
9. Items Relating to the Downtown Development Authority.
t A. Second Reading of Ordinance No. 15, 1983, Creating the Downtown
Development Authority Fund.
B. Second Reading of Ordinance No. 16, 1983, Appropriating the 1983 0
& M Budget for DDA.
The Downtown Development Authority (DDA) was created by City Council
with the adoption of Ordinance No. 46, 1981, on April 21, 1981. The
ordinance states that _the DDA is established with the purposes and
powers pursuant to Part 8 of Article 25 of Title 31, Colorado Revised
Statutes. In order to meet the legal requirements for City and State
budgeting and accounting purposes, the above ordinances were unani-
mously adopted on First Reading on February 1.
10. Ordinances Relating to Bond Anticipation Note in the Principal Amount
of not more than $25,000,000.
A. Second Reading of Ordinance No. 17, 1983, Authorizing the Issuance
of a Bond Anticipation Note in the Principal Amount of not more
than $25,000,000.
B. Second Reading of Ordinance No. 18, 1983, Appropriating Bond
Anticipation Note Proceeds and Later Bond Proceeds in the Capital
Projects Fund.
' The Bond Anticipation Note (BAN) Ordinance (Item A) which was unani-
mously adopted on.First Reading on February 1, enacts provisions of
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February 15, 1983
the Master Agreement between the City and Anheuser-Busch, Inc. The
BAN is being established to provide interim financing prior to notice
to proceed from Anheuser-Busch (A-B), between notice to proceed and
closing on long-term financing, and to provide a revenue source to
allow appropriations for public improvements related to the location
of an A-B brewery in Fort Collins.
The Appropriation Ordinance.(Item B) which was also unanimously
adopted on First Reading on February 1, appropriates the BAN and later
bond proceeds in the Capital Projects Fund for the costs of these
improvements described in the Master Agreement.
11. Resolution Providing for the Issuance of Industrial Development
Revenue Bonds Anheuser-Busch in the Principal Amount not to exceed
$110001000.
This item was tabled to this date from -the February 1 meeting to allow
staff time to review this request for IDRB's against the City's
policies and guidelines for the issuance of IDRB's.
Staff is requesting this item be withdrawn from consideration to allow
additional review and evaluation of the A-B request.
12. Items Relatinq to Larimer Countv Library Services.
A. Resolution Authorizing the City Manager to Enter into an Inter-
governmental Agreement with Larimer County for the Purpose of
Providing Library Services to Residents of Larimer County.
This is an agreement for the City to continue to provide Larimer
County residents with general library services during 1983. The
City's library will provide substantially the same services to
residents of Larimer County which are presently rendered to
residents of the City. For these services, Larimer County will
contribute $64,727 to the City in addition to the Library Bor-
rowers Fee for non -City residents implemented for 1983.
Resolution Authorizing the City Manager to Enter into an Inter-
governmental Agreement with Larimer County for the Purpose of
providing Library Bookmobile Service to residents of Larimer
County.
This Resolution would authorize the City Manager to enter into an
agreement for the City to continue to provide bookmobile services
to Larimer County residents in 1983. The City will provide the
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February 15, 1983
necessary staff, books, insurance, gas, oil, maintenance and minor
repairs to operate the library bookmobile within Larimer County.
The County will continue to provide the vehicle which is used as
the bookmobile and shall be responsible for major repairs or
replacement of the vehicle. The City will receive $52,500 for
these bookmobile services.
C. Hearing and First Reading of Ordinance No. 19, 1983, Appropriating
$52,500 in the Larimer County Library Services Fund for Larimer
County Bookmobile.
Ordinance No. 19, 1983, appropriates the Larimer County funding
for the bookmobile services totalling $52,500. in the Larimer
County Library Services Fund. -,-(County funding for general library
services and projected revenue from the Library Borrowers Fee have
already been appropriated in the General Fund as part of the 1983
Annual Appropriations Ordinance.)
13. Resolution Makinq Findinqs Relative to the Poudre River Trust.
This Resolution gives the City's support to the concept of the
Poudre River Trust and directs staff to work with Mitchell and Company
in preparing the necessary documentation to form the Trust. In
addition, the Resolution directs staff to work with EDAW, Inc. during
their summer student program.
14. Resolution Approving a Temporary Use Permit with the Northern Colorado
Water Conservancy District for 10 acre-foot units of CBT Water.
This Resolution authorizes the Mayor and City Clerk to execute a
Temporary Use Permit with the Northern Colorado Water Conservancy
District (NCWCD), allocating the use of 10 acre-foot units of CBT
water to the City.
These 10 acre-foot units of CBT water were previously transferred to
the City by developers. The NCWCD requires that water held under
Temporary Use Permits be renewed each year. Periodically, all NCWCD
water owned and used under Temporary Use Permits can be converted to
use under a permanent contract.
15. Routine Wire Line Permit from Burlington Northern Railroad Company.
The City has requested a Wire Line Permit from the Burlington Northern
Railroad Company, to allow the undergrounding of electric service to
the Krug Concrete building, located on the railroad right-of-way north
of the intersection of Cherry and Howes Streets.
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February 15, 1983
This is a routine permit, which requires Council approval. The Light
and Power Department and legal staff have reviewed and approved the
agreement.
The consideration for the Permit is $1.
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #5. Second Reading of Ordinance No. 10, 1983, Vacating Belmar Drive,
and Adjacent Easements Located in Westgate Fifth Fi ing, Lots
5- Case No. 0-82C .
Item #6. Second Reading of Ordinahce No. 11, 1983, Vacating an Easement
Located at the Drake Crossing Shopping Center PUD.
Item P . Second Reading of Ordinance No: 12, 1983, Vacating An Easement
Located at Scotch Pines Eighth Filing, Lots 17 and 18. Case No.
89-82A '
Item #8. A. Second Reading of Ordinance No. 13, 1983, Amending Ordinance
No. 1582,
As
Construction Costs on West Mulberry
Street, Improvement District # 4.
B. Second Reading of Ordinance No. 14, 1983, Appropriating Funds
from Streets Minor Capital to the Improvement District
Account.
Item #9. A. Second Reading of Ordinance No. 15, 1983, Creating the
Downtown Development Authority Fund.
B. Second Reading of Ordinance No. 16, 1983, Appropriating the
0 M Bu get or DDA.
Item #10. A. Second Reading of Ordinance No. 17, 1983, Authorizing the
Issuance of a Bond Anticipation Note in the Principal Amount
B. Second Reading of Ordinance No. 18, 1983, Appropriating Bond
Anticipation Note Proceeds and Later Bond Procee sin the
Capital Projects Fund. -
Ordinances on First Reading were read by title by Wanda Krajicek, City '
Clerk.
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February 15, 1983
Item #12. C. Hearing and First Reading of Ordinance No. 19, 1983, Appro-
priating 2, in the Larimer County Library Services Fund
for Larimer County Bookmobi e.
Councilmember Clarke made a motion, seconded by Councilmember Wilmarth,
to adopt and approve all items not removed from the Consent Calendar.
Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Miller, and
Wilmarth. Nays: None.
THE MOTION CARRIED.
Assistant Mayor Knezovich asked if any member of the audience was present
to discuss any of the items withdrawn from the Consent Agenda.
Developer Gene Mitchell stated he would like to have Item #13 discussed at
this time.
Resolution Making Findings Relative
to the Poudre River Trust, Adopted
' Following is the staff's memorandum on this item:
"On February 8, 1983, Mitchell & Company made a presentation to City
Council suggesting the formation of the Poudre River Trust. In concept,
the Poudre River Trust would be a private non-profit organization with the
responsibility of redeveloping the Poudre River particularly in the down-
town area. Specifics of the Poudre River Trust would be worked out during
the next month.
As part of Mitchell and Company's proposal, the City Council was informed
of EDAW, Inc.'s selection of the Poudre River as the area of study for
their summer student program. This program brings some of the best land-
scape architecture students from around the country together and has
them work on a single project for a concentrated time period. EDAW's work
this summer will be highly complimentary to the City and, if formed, the
Poudre River Trust's efforts.
The attached Resolution gives the City's support to the concept of the
Poudre River Trust and directs staff to work with Mitchell and Company in
preparing the necessary documentation to form the Trust. In addition, the
Resolution directs staff to work with EDAW, Inc. during their summer
student program.
Recommendation
' Staff recommends adoption of this Resolution and looks forward to pursuing
these concepts."
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February 15, 1983
Assistant Mayor Knezovich asked the record to show he did not vote or par-
ticipate in the discussion on this item. He asked Councilmember Wilmarth
to chair this portion of the meeting.
Councilmember Clarke made a motion, seconded by Councilmember Elliott, to
adopt the Resolution.
Councilmember Horak noted he was in support of the project, but expressed
his concern that the representation on any board that would be set up would
be representative of the community. He wanted assurance that the property
would be used for the public good if the City deeded it over to this
entity. He asked what boundaries would be used for the Trust.
Developer Gene Mitchell noted his. company had conceived a concept as a way
for the City to develop the Poudre River as an asset. He added they did
not have any desire to be involved as trustees. He stated the purpose of
the proposed Resolution was to develop documents forming a trust that would
have the characteristics Council desires. He added it was his feeling a
program tying the trails and parks systems together would be enhanced by '
having a group of people who were not public employees with varied other
duties and responsibilities, to see the program keeps moving.
Director of Planning and Development Curt Smith stated there was no need to
define a boundary for the concept of the trust since it was designed to
address the issue of the river. Once the trust is in place there will be
an opportunity to look at non-contiguous out of the city properties and
determine how they could be brought into the trust.
The vote on Councilmember Clarke's motion was as follows: Yeas: Council -
members Clarke, Elliott, Horak, Miller, and Wilmarth. Nays: None.
(Knezovich withdrawn)
THE MOTION CARRIED.
Ordinance Amending Ordinance 103,
1982 Creating and Organizing Special
Improvement District #77, Boardwalk
and Landings Drive, Adopted on First Reading
Following is the staff's memorandum on this item:
"On September 21, 1982, the Council of the City of Fort Collins adopted
Ordinance 103, 1982, which created Special Improvement District #77, '
Boardwalk and Landings Drive. Due to the complexity of the district
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February 15, 1983
agreement and the engineering report, certain costs within the district
were not carried forward from the engineering report to the ordinance
creating the district. The purpose of this ordinance is to correct the
cost so that the construction as outlined within the engineering report
will have sufficient funds to complete the project.
The petitioners previously requested that all requirements for notice,
publication, and certain other matters be waived in order to expedite the
construction of the improvements. The staff has been in contact with all
district property owners, and they have no objection of this change of the
original ordinance. The waiver of rights is permitted by provisions
within Chapter 16 of the Code.
This change adds no additional cost to the City or the district property
owners as was presented in the engineering report.
The section in the engineering report that described total construction
costs did not include all of the costs. Part of the costs were included in
other parts of the report and therefore missed when the ordinance creating
the district was prepared. Below is the portion of Section II, "Cost and
Financing" of the engineering report that describes "total construction
costs".
A. Construction Cost
Based on material and labor cost, recent bids and .indexes, the
estimated total construction cost is $580,000.00. The following is
summarized from the detailed cost estimate shown in the appendix.
Street Improvements $275,158.00
Water system improvements 82,660.00
Sanitary sewer system improvements 59,775.00
Drainage and irrigation 127,500.00
Construction cost a5 6�3�G
Less utility cost for non-
participating property owners 18,130,00
Sub -total Construction Cost $526,963.00
Contingency at 10% 52,696.00
' Total Construction Cost $579,659.00
Say $580,000.00
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February 15, 1983
In this section the non -participating property owners cost was subtracted
from the construction cost estimate. Since this cost is contracted by the
district, the cost must be included in the district. This cost in no -way
affects the assessment since these costs are to be billed later to Osprey
Homes. The cost for the non -participating property owners should be added
to the ordinance creating the district are as follows.
Utility cost for non -participating
property owners $ 18,130.00
Contingency at 10% 1,813.00
Total non -participating cost $ 19,943.00
Another cost left out of the original ordinance was the cost of right-of-
way. This cost was placed in the "other project cost" in Section II of the
engineering report. By City policy this cost is a construction cost and
should have been included in the total improvement cost and included in the
ordinance creating the district. This policy is reasonable since the
right-of-way cost increases the other project cost such as administration,
legal, engineering, financing during construction and collection and
certification. It is therefore necessary that the right-of-way cost be
added to the improvement cost as stated in the original ordinance. The
amount for right-of-way is $86,560.
RECOMMENDATION
Ordinance 103, 1982, should be amended to increase the "total improvement
costs" from the original stated amount of $579,659.00 to $686,162.00.
Originally stated total improvement cost $579,659.00
Non -participating cost 19,943.00
Right-of-way cost 86,560.00
Revised total improvement cost
$686,162.00
This change does not increase the City's cost or the estimated assessment
for the district's property owners. After final approval of this ordinance
an additional appropriation will be necessary to cover the additional cost
incurred by the district."
Councilmember Elliott made a motion, seconded by Councilmember Clarke,
to adopt Ordinance No. 20, 1983 on First Reading. Yeas: Councilmembers
Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None.
THE MOTION CARRIED.
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February 15, 1983
Resolution Approving a New Design
Agreement in the Amount of $22,690
to ZVFK Architects/Planners for
Contract Administration Services
for Site Improvements for the
New Transfort Facility, Adopted
Following is the staff's memorandum on this item:
"The award of an agreement for professional design services in excess
of $20,000 requires approval by Council under both the Code and the
Capital Project Management/Control System (CPM/CS) guidelines. The
agreement is for contract administration services to ZVFK Architects/
Planners in the amount of $22,690_for Phase II of the Site Improvements for
the New Transfort Facility.
This portion of the New Transfort Facility Project is the design and
construction of all associated site improvements necessary for the con-
struction of our New Transfort Facility on an undeveloped site. These site
improvements are based upon the criteria as established in the Land De-
velopment Guidance System and through the "Planned Unit Development"
process. The 60 acres site is located one-half mile east of College Avenue
on Trilby Road.
The scope of work for the Site Improvements is as follows:
1. All the associated street improvements, including upgrading
Trilby Road from the site to College Avenue, improvements adjacent
to the site along Trilby Road, and the improvements of Portner
Road along the proposed site.
2. All utility construction to the proposed site, including water,
sewer, telephone, natural gas, and electric.
3. All associated drainage improvements.
4. All associated earthwork.
5. The appropriate design fees, including work done by ZVFK Archi-
tects/Planners and associated consultants, plus City of Fort
Collins personnel.
The basic philosophy and approach to this project is all development
work will be done in accordance with the policies of the Land Develop-
ment Guidance System using the "Planned Unit Development" criteria.
We made a conscious decision to follow the same policies as any private
' developer in the development of the site. Our main goal was to insure that
this project be done in a quality manner.
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February 15, 1983
On September 27, 1982,.the Planning and Zoning Board approved the "Master
Plan" for the total 60 acre Fuqua site. Included in this Master Plan is
the New Transfort Facility Site. The preliminary and final approval, by
the Planning and Zoning Board, of the New Transfort Facility P.U.D. in-
cluded all the associated off -site improvements needed for the Transfort
Site. Also, the City has signed a "Subdivision Agreement" with itself to
assure these improvements are completed according to all City policies.
This agreement was executed on November 22, 1982.
Exhibit #1 outlines the total New Transfort Facility Project.
In order to begin work on the building in the spring of 1983, we elected to
divide the Site Improvements work into two phases. The first phase is the
overlot grading of the Light and.Power site, Transfort Site, and improve-
ments to Portner Road. Bids for this phase were received on October 21,
1982, with Don Kehn Construction submitting the most favorable bid. The
work was completed on December 8, 1982. The second phase is the remaining
site improvements for the New Transfort Facility site.
Exhibit No. 2 outlines the "Design Agreements" for the total New Transfort
Facility Project. Following is a summary of the appropriate action taken
on the Site Improvements design services with ZVFK Architects/Planners:
The original design agreement was executed by Council on May 18, 1982
in the amount of $42,690. Change Order No. 1 was approved internally
by staff on November 1, 1982. Change Order No. 2 is being approved
internally by staff and reported to Council as part of this agenda
item. The new design agreement is this agenda item.
Exhibits 3,4,5, and 6 explain, in detail, the scope of services for the
original Design Agreement, Change Order #1, Change Order #2, and the new
Design Agreement, respectively.
The following table describes how the original design agreement relates to
the Change Orders and the new design agreement. Each phase has two separ-
ate elements 1) the design and 2) construction administration. The con-
struction administration of Phase One and design of Phase 2 are represented
by Change Orders to the original agreement, although they represent new and
completely separate work outside the scope of work for the original agree-
ment.
Phase One
Design (Original Design Agreement) $42,690
Construction Administration (Change Order #1) 12,355
February 15, 1983
Phase Two
Design (Change Order #2) $17,640
Construction Administration (New Design Agreement) 22,690
Finally, Exhibit 7 summarizes the actual and current estimated costs
versus the overall budget for the Site Improvements Project. This budget
was updated on February 4, 1983."
Councilmember Clarke made a motion, seconded by Councilmember Elliott,
to adopt the Resolution. Yeas: Councilmembers Clarke, Elliott, Horak,
Knezovich, Miller, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution Eliminating The PUD
Building Height Benchmark District
Map And Amending The Building Height
Review Criteria, Adopted
' Following is the staff's memorandum on this item:
"In October of 1979 the City Council adopted a Height Ordinance which
limits the height of structures in the City of Fort Collins to 40-feet,
unless buildings over 40-feet in height are reviewed and approved under the
City's Planned Unit Development (PUD) Ordinance. Accompanying the adoption
of the Height Ordinance were Building Height Review Criteria and a Building
Height Benchmark District Map adopted by Council Resolution as adminis-
trative guidelines that defined criteria against which proposed buildings
over 40-feet would be reviewed and established areas of the City where
mid -rise buildings might be appropriate.
Since the time the Height Ordinance was adopted, there have been numerous
annexations to the City which are not reflected on the PUD Building Height
Benchmark Map, although the areas are still covered by the Height Ordi-
nance. Also, in March 1981, the City Council adopted the Land Development
Guidance System (LDGS) as the City's new PUD Ordinance. The LDGS contains
several assumptions which conflict with the present PUD Building Height
Benchmark District Map, namely:
(1) "that any land use likely to occur in Fort Collins can, in most
cases, be made compatible with any neighboring land use through
careful design and buffering; and
I(2) site design, use, and, in many cases, architectural design review
are critical for all development."
February 15, 1983
At the September 1982 Planning and Zoning Board meeting, staff presented
an amendment to the PUD Building Height Benchmark District Map recommending
elimination of Height District No. 2 which identified areas of the City
which may be appropriate for buildings up to 55-feet in height. Staff
contended that Height District No. 2 conflicted with the philosophy of the
LOGS that specifies each application should be reviewed as to its own merit
without any predetermined guarantees. The Planning and Zoning Board voted
5-2 to support the staff recommendation to eliminate Height District
No. 2 from the PUD Building Height Benchmark District Map.
At the October 19, 1982, City Council meeting, the Council heard and voted
to deny the request to eliminate Height District No. 2. The City Council
decided to abolish the PUD Building Height Benchmark District Map but to
retain the administrative Building Height Review Criteria. On November 9,
1982, the Planning and Zoning Board and the City Council held a joint
worksession to discuss the height issue among other subjects. The con -
census of the joint worksession was to abolish the PUD Building Height
Benchmark District Map and to expand the administrative Building Height
Review Criteria. Using this worksession as a basis, staff has revised the
review criteria. '
Planninq and Zoninq Board Recommendation
The Planning and Zoning Board reviewed this item at their regular monthly
meeting of January 24, 1983 and voted 6-1 to recommend approval to the City
Council. (A copy of the Board's minutes are attached to this memo.)
Staff Recommendation
Staff recommends adoption of the resolution amending and expanding the
administrative Building Height Review Criteria."
Councilmember Elliott made a motion, seconded by Councilmember Miller,
to adopt the Resolution.
Chief Planner Ken Waido gave background on the issue and noted staff felt
the Benchmark District map was inconsistent with the Land Development
Guidance System in that each proposal must stand on its own merits without
having any type of predetermined guarantees.
The vote on Councilmember Elliott's motion to adopt the Resolution was as
follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Miller,
and Wilmarth. Nays: None.
THE MOTION CARRIED.
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February 15, 1983
Resolution Authorizing an Increase
from $15,000 to $20,000 in the
Amount of CDBG Housing Rehabilitation
Grant Monies Available for Housing
Replacement Projects, Adopted
Following is the staff's memorandum on this item:
"The City of Fort Collins has participated in the Department of Housing
and Urban Development's Community Development Block Grant (CDBG) Program
since 1975. Over the years one of the primary focuses of the City's CDBG
efforts has been in the area of housing rehabilitation. Since 1975 the
City has allocated and/or presented grants or low -interest loans totaling
$730,189.59 to qualified homeowners for the purposes of rehabilitating
118 houses. The $730,189.59 figure represents 14% of the City's total
$5,175,000 received from HUD.
The City operates its Housing Rehabilitation Program within several
' guidelines, including a limitation on the total amount of a grant or
low -interest loan and a requirement that a structure be worth at least
twice the grant or loan amount after rehabilitation efforts. In 1975
the maximum allowable grant was $4,000. This was increased to $7,000
on January 20, 1976 and further increased to $10,000 on June 16, 1981. In
1982 the City Council set the grant or loan limit at $15,000. Thus, in
order to receive a $15,000 grant or loan, a owner must occupy a structure
which can be valued at a minimum of $30,000 after rehabilitation efforts.
The $15,000 maximum amount -of grant or loan attempts to spread limited
housing rehabilitation funds so that they cover as many projects as
possible. The fifty percent of value requirement attempts to insure
housing rehabilitation funds are put to productive projects and a worth-
while structure exists after rehabilitation efforts.
Because of the above guidelines the worst housing units from a structural
standpoint in the City of Fort Collins have not been eligible for housing
rehabilitation funds. This has frustrated homeowners and the CDBG Citizens
Steering Committee for years. Of the available options to deal with the
less than fifty percent structures, the elimination of the $15,000 limita-
tion and the fifty percent of value requirement does not seem reasonable.
Those guidelines were established for valid reasons which still exist.
There is, however, a housing replacement option which deserves considera-
tion As properties redevelop in the older areas and other parts of the
' city, housing structures often become available essentially for the cost of
just moving them off of the property. In most cases the moving costs
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February 15, 1983
are approximately $5,000. Thus, for a total cost of $20,000 in CDBG
funds, former housing structures which failed the fifty percent of value
requirement can be replaced with an existing rehabilitated structure. This
type of special housing rehabilitation program would achieve at least two
major goals. First, it would recycle an existing housing unit so it
remains in a residential use and second, it would help eliminate the most
blighted housing structures in the City of Fort Collins.
This Resolution requests Council's approval to increase the limitation of a
CDBG Housing Rehabilitation Grant or Loan in the cases of housing replace-
ment projects from $15,000 to $20,000. All other Housing Rehabilitation
Program guidelines should remain in effect, including the fifty percent of
value requirement. Thus, a housing structure which could not be valued at
a minimum of $30,000 after rehabilitation would be ineligible for the
replacement aspect of the housing'rehabilitation program.
CDBG Citizen Steering Committee
The CDBG Citizens Steering Committee discussed this replacement aspect
of the -housing rehabilitation program at their monthly meeting on February
10, 1983. The Committee's recommendation is .attached to this Agenda Item
Summary."
Councilmember Elliott made a motion, seconded by Councilmember Miller,
to adopt the Resolution. Yeas: Councilmembers Clarke, Elliott, Horak,
Knezovich, Miller, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution Approving the Concept
of an Ad Hoc Library Committee
and Appointing a City Representative
to the Committee, Adopted
Following is the staff's memorandum on this item:
"At the joint City/County work session on January 24, Councilmembers
present agreed to the concept of an ad hoc Library Committee appointed by
the County Commissioners with representatives from the Fort Collins, Estes
Park, Loveland and Berthoud areas. Commissioner Thayer was named to
coordinate the efforts to form the Committee that would be looking at the
whole library issue, especially in the area of funding opportunities.
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February 15, 1983
We have received a request from Courtlyn Hotchkiss, Chairman of the Board
of County Commissioners, asking us to forward prior to February 15, the
name of the individual who will represent the City of Fort Collins on the
Committee. This Resolution would appoint an individual to serve on the Ad
Hoc Library Committee."
Councilmember Clarke made a motion, seconded by Councilmember Elliott, to
adopt the Resolution inserting the name of Library Board member Jerry
Johnson, per the recommendation of the Library Board. Yeas: Councilmem-
bers Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays:
None.
THE MOTION CARRIED.
Ordinances Relating to Street
Improvement District #74
Following is the staff's memorandum on this item:
' "A. Second Reading of Ordinance No. 13, 1983, Amending Ordinance No. 148,
1982, Assessing Construction Costs on West Mulberry Street, Improvement
District #74.
B. Second Reading of Ordinance No. 14, 1983, Appropriating Funds from
Streets Minor Capital to the Improvement District Account.
A review of the assessments -for this improvement district has revealed that
two properties should have been given credit for existing improvements.
Chapter 16 of the City Code states that credit will be given to property
owners for existing improvements. The total amount of the two credits is
$2,366.13. The credits are to be distributed to Mrs. Rose L. Miller,
$864.03, and Edward Thai, $1,502.10. Mrs. Miller had existing curb and
gutter and Mr. Thai had existing curb, gutter and sidewalk. In addition to
these two credits, staff is recommending a change in ownership on one
property from Norman Graham to Stephen Englehardt.
To accomplish these revisions, an amending ordinance was prepared and
adopted on First Reading on February 1. An appropriation ordinance in the
amount of $2,366.13 was also approved on First Reading on February 1, to
shift funds from the Streets Minor Capital account to cover the credit."
City Attorney Huisjen described a substitute ordinance staff had prepared.
' He noted the original ordinance as adopted on First Reading had contained
information that did not amend Ordinance No. 148, 1982, and this substitute
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February 15, 1983 '
ordinance deletes all the non -amending material. He suggested adoption of
the substitute ordinance and ordering its publication in full on Second
Reading.
Councilmember Miller made a motion, seconded by Councilmember Elliott to
adopt the substitute ordinance offered by the City Attorney and to order
the ordinance republished on Second Reading. Yeas: Councilmembers Clarke,
Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Councilmember Clarke made a motion, seconded by Councilmember Elliott, to
adopt Ordinance No. 14, 1983 on Second Reading. Yeas: Councilmembers
Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution Providing for the Issuance
of Industrial Development Revenue
Bonds (Anheuser-Busch) in the Principal ,
Amount not to exceed $1,000,000
Following is the staff's memorandum on this item:
"This item was tabled to this date from the February 1 meeting to allow
staff time to review this request for IDRB's against the City's policies
and guidelines for the issuance of IDRB's.
Staff is requesting this item be withdrawn from consideration to allow
additional review and evaluation of the A-B request."
Deputy City Manager Meitl explained it had been staff's intent that adop-
tion of the Consent Agenda would withdraw this item from consideration. He
had not intended to have the item withdrawn from the Consent Agenda. Now
that it has been withdrawn from Consent, action needs to be taken.
Councilmember Horak made a motion, seconded by Councilmember Clarke, to
withdraw this item from consideration at this time.
Councilmember Wilmarth asked when this item might return.
Deputy City Manager Meitl replied probably within the next two months.
The vote ,on Councilmember Horak's motion was as follows: Yeas: Council-
membersI
Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays:
None.
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THE MOTION CARRIED.
City Manager's Report
February 15, 1983
Deputy City Manager Meitl pointed out the report outlining the existing
condition of the outdoor pool. He noted the problem would probably show up
on the Capital Improvements list very soon.
Councilmembers' Reports
Councilmember Clarke reported the five new Transfort buses had been deliv-
ered today so that all nine should be..in service very soon.
Councilmember Horak reported on the CML Policy Committee meeting, noting a
bill to impose a tax on lodging, restaurants and car rental agreements had
been proposed. The tax would be devoted to promoting tourism in Colorado.
He added he had attended a transportation conference where one of the main
topics was the implementation of the gas tax.
A
Citizen Participation
Presentation of Certificate of Appreciation to Kelly J. Oglesby for
his assistance in the apprehension and identification of 2 robbery
suspects.
Chief Ralph Smith presented the Certificate of Appreciation to Mr.
Oglesby and expressed the City's appreciation for his actions.
B. Recognition of City of Fort Collins' MIS staff.
Mr. Paul Thurston, Manager of Systems and Programming for Larimer
County, presented the "Data Processing Organization of the Year"
award to Richard Steadman, MIS Director for the City of Fort Collins.
This award is sponsored by the Rocky Mountain Association of Local
Government Computer Users and is in recognition of outstanding contri-
butions to increase the effectiveness of governmental service to the
citizens of the community through data processing activities.
Mr. Steadman accepted the award on behalf of his staff.
C. Proclamation welcoming the Northern Colorado Better Business Bureau to
Fort Collins was accepted by Michael Leverington and Lisa Curtis of the
Bureau.
ME
February 15, 1983 '
Bob Sorintino, COPIRG, urged Council to attend a forum entitled "Colorado's
Energy Future" to be held February 23 and 24 on the CSU campus and in
Greeley and Boulder. He requested a proclamation naming the week of
February 20-26 as "Energy Futures Week".
Councilmember Horak noted he had attended a charity pasta eating contest
for the benefit of Poudre Valley Hospital's Infant Stimulation program. He
noted he had appointed a citizen's committee consisting of Robert Gagnon,
Larry Walsh, and David Galloway, CSU rugby team members, to represent the
City. This committee was awarded a trophy for first place in the contest
and he expressed the City's thanks for their efforts.
City Attorney's Report
City Attorney Huisjen reported he had spoken with the attorney for Airwest
Aviation concerning their Chapter 11 bankruptcy.filing. He noted a credi-
tor's committee had been appointed. It is anticipated they will not be
able to pay the $300,000 due March 1, but before that time they will make a
proposal to the cities in regard to their continued operation of the
airport. The Airport Ad Hoc Committee wiTl meet February 22 and hear a
presentation from Airwest Aviation.
He spoke briefly on the relationship between the City and the Fort Collins/ ,
Loveland Water District and the South Fort Collins Sanitation District. He
noted there was a need to formalize that relationship especially in the
areas of raw water dedications, the establishment of uniform rates and
services, and the areas for service and planning. He noted the Water Board
would be considering these issues at their February 18 meeting and those
matters are scheduled for the February 22 Council work session. He advised
these issues would need to be dealt with in a relatively short period of
time so the policies with regard to services in those areas can be estab-
lished.
Adjournment
Councilmember Horak made a motion, seconded by Councilmember Elliott, to
adjourn the meeting. Yeas: Councilmembers Clarke, Elliott, Horak, Knez-
ovich, Miller, and Wilmarth. Nays: None.
The meeting adjourned at 8:00 p.m
Assistan
AATTv7TlEST:
City Clerk
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