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HomeMy WebLinkAboutMINUTES-01/07/1986-RegularJanuary 7, 1986 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, January 7, 1986, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Absent: Councilmember Clarke. Staff Members Present: Shannon, Huisjen, Krajicek, Lewis Agenda Review: City Manager Interim City Manager Rich Shannon asked that Item #9, Items Relating to Fairbrooke Special Improvement District No. 79, be withdrawn from the agenda for further review. Councilmember Knezovich requested Item #6, Hearing and First Reading of Ordinance No. 1, 1986, Appropriating Unanticipated Revenue from the Colorado Division of Highway Safety for the Fort Collins Model City Safety Belt Project, be removed from the Consent Agenda. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Items #18 and #25, 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 be staff or Council. These items will be discussed immediately following the Consent Calendar. 4. Approval of the Minutes of the Regular Meeting of December 3. 5. Denial of Items Relating to the Annexation and Zoni Y AnWn 1G C*11*e nnnv7+.�n LL7 A. Second Reading of Ordinance No. 92, 1985, Annexing Property Known as the Stute Annexation #3. -143- January 7, 1986 B. Second Reading of Ordinance No. 93, 1985, Zoning Property Known as the Stute Annexation #3. An amended annexation request is being prepared by the applicant which reflects a smaller parcel of land than was included in the original request. The amended request will be submitted to the Planning and Zoning Board in February and then will be presented for Council consideration. Staff recommends denial on second reading of the annexation and zoning of Stute Annexation #3 and that the amended annexation and zoning request be considered as a new item at a future date. Adoption of the Consent Agenda will deny these two ordinances on Second Reading. 6. Hearing and First Reading of Ordinance No. 1, 1986, Appropriating Unanticipated evenue from t e Colorado Division of ig w-F ay Suety for the Fort Collins Model City Safety Belt Project. The Police Department has been awarded a grant from the Colorado Division of Highway Safety totalling $21,000. These monies are provided from the U.S. Department of Transportation, National Highway Traffic Safety Administration, and Federal Highway Administration. These funds will be used to support the already existing "Model City Safety Belt Project" Task Force. The grant will provide funding for task force approved projects, including media time and space, incentives, secretarial help, supplies and postage, etc. 7. Hearing and First Reading of Ordinance No. 2, 1986, Assessing the Cost of Improvements in the Landmark Special Tmprovement 6istrict No 80. This ordinance assesses the cost of the Landmark Special Improvement District No. 80 located at the Southeast corner of Shields and Prospect intersection. On November 19, 1985, the City Council adopted resolution accepting the district improvements and ordering notice of the proposed assessment in setting this evening's meeting as the time the first reading of the assessment ordinance would be heard. 8. Resolutions Acce tin the Im rovements and Order in Notice of ssessment for emay armony pecia,' mprovement istrict o. 78 ase A. Resolution Accepting the Improvements and Ordering Notice of Assessment for Lemay/Harmony Special Improvement District No. 78 Phase I. B. Resolution Accepting the Improvements and Ordering Notice of Assessment for Lemay/Harmony Special Improvement District No. 78 Phase II. -144- January 7, 1986 Each Resolution is accompanied by a form of published notice; a statement of costs of the Director of Finance; and the City Engineer's certificate of completion. The Lemay/Harmony Special Improvement District No. 78 was established on June 21, 1983, as a voluntary special improvement district by petition of the adjacent and affected property owners. The District was split into two phases due to the size of the project and the timing of the included improvements. 9. Items Relating to Fairbrooke Special Improvement District No. 79. A. Hearing and First Reading of Ordinance No. 3, 1986, Amending the District's Creation Ordinance Relating to its Method of Assessment. B. Resolution Accepting the Improvements and Ordering Notice of Assessment for Fairbrooke Special Improvement District No. 79. The District is located at the intersection of Taft Hill Road and Prospect Street. Improvements include streets, curbs and gutters, water and sewer lines, and storm drainage improvements. The amendment to the method of assessment allows commercial land to be assessed at a rate equal to two times that of residential land. 10. Items Relating to Heart Special Improvement District No. 84. A. Resolution Accepting the Improvements and Ordering Notice of Assessment for Heart Special Improvement District No. 84. B. Hearing and First Reading of Ordinance No. 4, 1986, Authorizing the Issuance of Special Assessment Bonds in the Principal Amount of $1,400,000 for the District. The Heart Special Improvement District was established on September 4, 1984 and allowed for the construction of street, water, sanitary sewer, storm drainage and irrigation ditch improvements. The district is located South of Boardwalk Drive and East of College Avenue. 11. Resolution Authorizing the City Manager to Make Fare Adjustments for Transfort Riders in the Youth, Senior and Handicapped Cateqories. Presently, senior citizens and handicapped Transfort riders pay peak hour fares of 55 cents per ride and non -peak hour fares of 25 cents per :ride. Transfort's peak hours are from 6:30 a.m. to 9:00 a.m, and 3:00 p.m. to 6:30 p.m. Youth riders age 17 and under currently pay the regular fare of 55 cents per ride. -145- January 7, 1986 This Resolution authorizes the City Manager to adjust the Transfort fares for the senior citizens, handicapped, and youth riders to 30 cents per ride. 12. Resolution Clarifying the Role of the Parking Commission. The Parking Commission was created by City Council in September 1979 and assigned responsibilities for several parking issues in the central business district. Parking in the central business district has changed considerably since 1979 and the Parking Commission seeks new direction from City Council on its continued role. This Resolution clarifies the duties of the Parking Commission. 13. Resolution Appointing Councilmembers to the Council Subcommittee on Economic Development. Council has informally discussed the assignment of three Councilmembers to serve on the Council Subcommittee on Economic Development. This Resolution would appoint Larry Estrada, Kelly Ohlson, and John Clarke to the Subcommittee. 14. Resolution Makin Appointments to the Building Contractors Licensing Hoard and the CHU1Ct Advisory Committee. Vacancies currently exist on the Building Contractors Licensing Board and the CHOICE Advisory Committee due to the resignations of Gary Furlong and Sharon Campbell. The individual Council liaison representatives have reviewed the applications on file. In keeping with CounciI's policy, recommendations for these appointments were announced on December 17. The appointments were tabled to January 7 to allow additional time for public input. Prospective appointees are as follows: Building Contractors Licensing Board - Thomas Bullard, reg. William Schmidt, alt. CHOICE Advisory Committee - Micki McMillan 15. Resolution Adootino Findinas on 1 of the Zoninq Board of On December 17, 1985, the Council heard an appeal of the November 14, 1985 Zoning Board"of Appeals decision that neither two related people and -two unrelated% people living together nor four totally unrelated people living together constitute a "family" under the definition set forth in Section 118-11 of the Zoning Code. The Council voted 7 to 0 to sustain the interpretation that neither situation constitutes a legal family. -146- u January 7, 1986 16. Consider 1985 Annual Report f Authority. Liquor/Massage Licensin As required by the City Code, the Liquor/Massage Licensing Authority has prepared its Annual Report for 1985. This report shows the number of applications for licenses acted upon, the number of licenses granted and denied, and all other actions the Board has taken during the year. 17. Routine Easement. This is a Grant of Easement to the Fort Collins/Loveland Water District for a water service line to the new landfill shop building. The City of Fort Collins, Larimer County and the City of Loveland are the property owners and are jointly entering into the easement agreement to convey a 20' easement to the water district. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. A. Second Reading of Ordinance No. 92, 1985, Annexing Property nnwnpac�tiifpnnf ovat;nn dT B. Second Reading of Ordinance No. 93, 1985, Zoning Pro Known as the Stute Annexation #3. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #6. Hearing and First Reading of Ordinance No. 1, 1986, Appropriating Unanticipated Revenue from the Colorado ivision o ig way Safety for the Fort Collins Model City etv Belt �roiect. Item V . Hearing and First Reading of Ordinance No. 2, 1986, Assessinq the Cost of Improvements in the Landmark Special Improvement District No. 80. Item #9. A. Hearing and First Reading of Ordinance No. 3, 1986, Amending the District s Creation Ordinance Relating to its Met od o Assessment. Item #10. B. Hearing and First Readin of Ordinance No. 4, 1986, Authorizing the Issuance of pecial Assessment Bonds in Principal Amount of $1.4UU.000 forte District. Councilmember Stoner made a motion, seconded by Councilmember Ohlson, to adopt and approve all items n6t` removed from the Consent Calendar. Yeas: Councilmembers Estrada, Horak;' Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. -147- January 7, 1986 Ordinance Appropriating Unanticipated Revenue from the Colorado Division of Highway Safety for the Fort Collins Model City Safety Belt Project, Adopted on First Reading Following is the staff's memorandum on this item: "Executive Summary The Police Department has been awarded a grant from the Colorado Division of Highway Safety totalling $21,000. These monies are provided from the U.S. Department of Transportation, National Highway Traffic Safety Administration, and Federal Highway Administration. These funds will be used to support the already existing "Model City Safety Belt Project" Task Force, which is'working to increase voluntary use of safety belts in Fort Collins by 40% through 1986. The grant will provide funding for task force approved projects, including media time and space, incentives, secretarial help, supplies and postage, etc. Background The terms of the grant require no funds from the City of Fort Collins. One Police Lieutenant will devote a portion of his time to supervise the program. This cost will be reimbursed from the grant monies. The details of the grant are included below: CATEGORY STATE AGENCY TOTAL STATE % CITY % Personal Services $ 6,798 -0- $ 6,798 100% -0- Operating Expenses 13,602 -0- 13,602 100% -0- Travel 600 -0- 600 100% -0- Capital Equipment -0- -0- -0- -0- -0- Total Budget $21,000 -0- $21,000 100% -0- This ordinance appropriates the $21,000 in grant funds for expenditure in the Police Department's Model City Safety Belt Project." Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 1, 1986 on First Reading. Councilmember Knezovich asked why the City would want to spend $21,000 on media time when the auto companies are advertising heavily encouraging the use of safety belts and when the state legislature may enact a mandatory seat belt law in Colorado. Police Chief Bruce Glasscock gave background on -the issue and noted the intent of the program was to increase the use of;safety belts to 40% in the Sun January 7, 1986 community. He explained the $21,000 would be used to support the Task Force and to do a number of things to increase the awareness of the use of seat belts such as advertising and private and public educational programs. Bruce Lockhart, 2500 E. Harmony Road, felt the program was not necessary since mandatory seat belt legislation will likely be enacted at the state level this year. Councilmember Knezovich noted Chief Glasscock had clarified the goals of the Task Force and noted he felt spending $21,000 to increase public awareness and save lives seemed to be a good return on the money. The vote on Councilmember Ohlson's motion to adopt Ordinance No. 1, 198E was as follows: Yeas: Councilmembers Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance Amending the Code of the City of Fort Collins Regarding Massage Parlors, Denied, Ordinance No. 157, 1985 Reconsidered and Adopted Following is the staff's memorandum on this item: "On December 17, 1985, the City Council rejected, on first reading, Ordinance No. 157, 1985, which would have amended the City's Massage Therapy Code by deleting Section 73-143(D), providing that appeals of the Massage Licensing Authority would be heard by the City Council. If such appeals are to be made to Council, it is necessary to bring the Massage Therapy Code into compliance with the newly enacted Appeal Code (Chapter 3A). Two revisions to the Code must be made. First, Chapter 3A should be amended to clarify that the City Council is to hear appeals of decisions of the Massage Licensing Authority. Second, the Massage Therapy Code should be amended to clarify that the "notice of appeal" must be filed with the City Clerk in accordance with Chapter 3A, which Chapter requires that such notice must be filed within fourteen (14) days of final action by the board from which the appeal is brought. (Presently, Section 73-143(D) requires that the notice of appeal be filed within ten (10) days after final action of the Massage Licensing Authority.) The attached ordinance will resolve the internal inconsistencies that presently exist with the City Code as it pertains to appeals of decisions of the Massage Licensing Authority." Councilmember Knezovich made a motion, seconded by Councilmember Estrada, to adopt Ordinance No. 5, 1986, on First Reading. Councilmember Knezovich asked if it was possible for Municipal Court to exercise judicial review in this matter. -149- January 7, 1986 Assistant City Attorney Paul Eckman responded that the intent appeared to be the type of judicial review allowed under the Colorado rules of civil procedure which is an appeal to the district court. Councilmember Ohlson noted the City Attorney had advised that Council's earlier action to deny Ordinance No. 157, 1985 on First Reading and allow appeals to City Council from the Massage Licensing Authority would not hold up in court. He stated he would not support the motion on the floor and would move to reconsider Ordinance No. 157, 1985 if Ordinance No. 5, 1986 was defeated. Mayor Rutstein urged defeat of Ordinance No. 5, 1986 and the reconsideration of Ordinance No. 157, 1985 to be consistent with state statutes. The vote on Councilmember Knezovich's motion to adopt Ordinance No. 5, 1986 on First Reading was as follows: Yeas: Councilmember Stoner. Nays: Councilmembers Estrada, Horak, Knezovich, Ohlson, and Rutstein. THE MOTION FAILED. Councilmember Ohlson made a motion, seconded by Councilmember Knezovich, to reconsider Ordinance No. 157. 1985 on First Reading. Mayor Rutstein noted this Ordinance had been considered on December 17 and would make the state statutes and City ordinances consistent. Councilmember Stoner noted he still felt that regardless of the state statutes, this was an undue hassle for the citizens to have to go through. He stated he would still oppose the ordinance. The vote on Councilmember Ohlson's motion to reconsider Ordinance No. 157, 1985 on First Reading was as follows: Yeas: Councilmembers Estrada, Knezovich, Ohlson, and Rutstein. Nays: Councilmembers Horak and Stoner. THE MOTION CARRIED. The vote on Ordinance No. 157, 1985 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Knezovich, Ohlson, and Rutstein. Nays: Councilmember Stoner. THE MOTION CARRIED. Items Relating to thet'Creation and Financing of South`Lemay Special Improvement District No. 86, Tabled to January 21 Following is the staff's memorandum on this item: -150- "Executive Summary A. Resolution Accepting the Improvements and Directing Designated Representatives, t Map of the Proposed District. January 7, 1986 o Petition, Declaring a Need for the the Public Works Administrator, or Prepare Plans, Estimated Costs, and a B. Resolution Accepting the Report of the Costs, Assessment Method and Plans for the South Lemay Special Improvement District No. 86. C. Hearing and First Reading of Ordinance No. 6, 1986, Relating to the Creation of South Lemay Special Improvement District No. 86. D. Hearing and First Reading of Ordinance No. 7, 1986, Appropriating Funds to Pay the Required City Street Oversizing Costs for SID No. 86. Background This proposed SID is located on Lemay Avenue from County Road 32 (Windsor Road) north to the existing improved Lemay Avenue at Southridge Greens Golf Course a distance of 9,834 feet (1.86 miles). This District was proposed as a companion District to the Provincetowne/Portner SID No. 81 which was established on October 30, 1984. Provincetowne/Portner SID took care of Trilby and internal streets and SID No. 86 will take care of Lemay. The Lemay District is comprised of two of the same properties as are found in the Provincetowne/Portner SID. The improvements in the proposed South Lemay SID consist of upgrading Lemay Avenue from a graveled County road to arterial standards, a bridge crossing Fossil Creek, storm drainage culverts and structures, sanitary sewer mains within the roadway (owned by the South Fort Collins Sanitation District) and a 20-inch water main within the roadway (owned by the Fort Collins -Loveland Water District). At this time, Lemay Avenue will be developed to an arterial standard, minus the top two inches of asphalt, so that the street will act as a collector in the near term while traffic demands are relatively low. This will defer the City's oversizing obligation until the time that Lemay needs to be brought up to an arterial structural strength. Also we are proposing to construct raised and landscaped medians at strategic locations only to further reduce the future oversizing costs. The roadway will be constructed with 2 travel lanes and a bike lane for 7,284-feet. This section will include curb, gutter and sidewalk and landscaped streetscape on the west side only with 30-feet of paved surface (which includes two 12-foot travel lanes and one 6-foot bike lane). In addition, the full arterial width will be constructed for 2,585 feet. This will include curb, gutter, and sidewalk on both sides, landscaped streetscapes and 70 feet of paved surface. With most of the roadway constructed as a portion of the complete arterial, the project provides only the capacity needed for these developments. The remainder of the arterial will be constructed with future development adjacent to it. In this manner, the improvements will be adequate to serve the development property without totally building the arterial width and depth. The total estimated cost (excluding legal, financing, advertising, interest during -151- January 7, 1986 construction and until assessments are made or other incidental costs) for the proposed district is $2,772,340 of which $1,293,304 is assessable to the district; $319,941 will be paid by the South Fort Collins Water District for oversizing the water main and $1,159,095 will be paid by the City funds listed below. The City's costs are broken down as follows: Street Oversizing Fund $859,095 Storm Drainage Utility Fee $300,000 The equivalent local street construction cost for abutting properties not included in the District are included in the assessable costs. These costs will be $79,000 and will be paid for by the petitioners with repayment to be collected from future development. Fundinq City Costs The Stormwater Utility's $300,000 portion of the costs was funded through Council appropriation in August of 1985. To fund the street oversizing portion, $859,095 will have to be appropriated from the $2,000,000 line of credit originally set up by Council. With this district and other projects approved by Council, the line of credit remaining balance will be $570,505. Other Funding The attached letter from the Fort Collins -Loveland Water District assures their participation in the project. As noted in the letter, the costs for those improvements to be borne by the Water District have been budgeted and approved in their 1986 annual budget. Forty percent of the total street oversizing obligation is included in the Districts' assessable costs and will be taken as credit against oversizing fees by the developers at time of building permit application. This assists the City cash flow problems in the street oversizing fund. If the developers chose to develop their respective properties under the standard development procedures (as opposed to using the SID mechanism, the City would not have the benefit of the 40% credit but may, in fact, be obligated to pay 100% of the oversizing costs in cash. More specifically, in looking at the cash/credit breakdown of oversizing fees, the division is as follows: Total City Oversizing Split Street Oversizing Cash Credit South Lemay S.I.D. #86 $1,083,947 $859,095 $224,852 The property owners in the District have agreed to pick up an additional $79,000 to cover construction of the local street portion of Lemay Avenue -152- January 7, 1986 adjacent to non -participating properties in the District. (South Fort Collins Sanitation District and Fossil Creek Meadows PUD) SUMMARY With SID N86, Lemay will provide a second major access from the south boundary of the City to the central business district. (College Avenue being the other.) Until the time that the full arterial is needed, a 2 lane street will provide service to the developing area. The Dueck, MSP and McKendry properties have received PUD approval and will generate additional traffic in the near future. We cannot handle this added traffic on College Avenue without major improvements. The construction of the bridge and drainage structures and the two-lane roadway north of the MSP property provides a continuous roadway through a potentially dangerous area. Increasing the amount of the line of credit draw for this arterial linkage appears to be justified. RECOMMENDATION The proposed SID meets all of the policy issues as established by Council and fulfills a need for the City as a whole; staff, therefore, recommends approval of the items relating to the creation and financing of the South Lemay Special Improvement District No. 86." City Engineer Gary Diede introduced the item and gave a brief staff presentation. Dave Moore, Dueck Industries, 791 Chambers Road, Aurora, stated his firm understood Council's concern about the oversize draw and the cash flow from the City's oversizing fund. He noted they had had discussions with staff and were suggesting that $400,000 be secured by a note from the City to be paid back over approximately 10 years beginning after the third year of capitalized interest with an interest rate equal to the bond rate. Lucia Liley, attorney representing the district, further detailed this option which would address the concern over the amount of oversizing being triggered by this development. Councilmember Ohlson made a motion, seconded by Councilmember Horak, to table all the items relating to SID No. 86 to January 21 to allow further review of this suggested financing mechanism. Yeas: Councilmembers Estrada, Horak, Ohlson, and Rutstein. Nays: Councilmembers Knezovich and Stoner. THE MOTION CARRIED. Citizen Participation A. Proclamation Naming January 20 as Martin Luther King Day was forwarded tote appropriate persons. -153- January 7, 1986 Barbara Allison, 1212 Lynnwood Drive, asked for in writing: 1. a definition of the term occupancy; 2. clarifications to recent amendments to Chapter 84 relating to refusing to assist an officer, throwing missiles, use of profane language, and the definition of public place. Terry Stone, 115 Roosevelt, presented a petition containing approximately 297 signatures requesting the artillery piece be moved from the children's playground in City Park. City Manager's Report Interim City Manager Shannon commented that the next meeting of the Economic Development Task Force had been rescheduled to January 16 and that Johnna Bavoso had been hired to serve as a facilitator for that group. Councilmembers' Reports Councilmember Horak asked about the status of the open ditch along the trolley route and when it might be filled in. Public Works Administrator Carol Osborne replied that the ditch would be filled in as soon as the snow melts and the ditch dries out, hopefully in the next week. Councilmember Horak noted he objected to money being spent on a facilitator for the Economic Development Task Force. Executive Session Authorized Councilmember Knezovich made a motion, seconded by Councilmember Estrada, to recess into Executive Session to discuss personnel matters relating to the selection of the City Manager. Councilmember Horak noted he objected to the absence of Jerry Oldani of the executive search firm and stated he felt there was no need for an Executive Session. Mayor Rutstein noted Mr. Oldani's associate, Ellin Spenser, was closely involved in the process and that it was necessary to be able to talk freely to begin ;.developing group rapport in the discussion and selection process. She felt this could not be done without revealing the names of certain applicants which Council had agreed not to do. The vote on Councilmember Knezovich's motion was as follows: Yeas Councilmembers Estrada, Knezovich, Rutstein, 'and Stoner. Nays Councilmembers Horak and Ohlson. -154- January 7, 1986 THE MOTION CARRIED. Adjournment At the conclusion of the Executive Session, Councilmember Ohlson made a motion, seconded by Councilmember Estrada, to adjourn the meeting. Yeas: Councilmembers Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 9:30 p.m. ATTEST: lalk City Clerk .G O GetW4 -155-