HomeMy WebLinkAboutMINUTES-02/04/1986-RegularFebruary 4, 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, February 4, 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: Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and
Stoner.
Staff Members Present: Shannon, Huisjen, Krajicek, Lewis
Agenda Review: City Manager
Councilmember Knezovich asked that Item #19, Hearing and First Reading of
Ordinance No. 21, 1986, Appropriating Unanticipated Revenue in the
Community Development Block Grant Fund, and Item #21, Resolution
Authorizing Award of an Engineering Services Contract to RBD, Inc. for
Sludge Composting Project, be withdrawn from the Consent Agenda.
' Councilmember Horak asked that Item #6, Ordinances Relating to the Creation
and Financing of South Lemay Special Improvement District No. 86, and Item
#23, Resolution Authorizing the City Manager to Enter into an Agreement
with the Humane Society for Animal Control Services, be removed from the
Consent Calendar.
Bruce Lockhart, 2500 East Harmony Road, asked that Item #24, Resolution
Opposing Changes in the Federal Power Marketing Program, 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 Items #26 and #36, 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.
1 4. Approval of the Minutes of the Regular Meeting of January 21
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February 4, 1986
5.
VA
1*3
of Assessment.
This ordinance was adopted on First Reading on January 21 by a 6-C
vote. 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.
Ordinances Relating to the Creation and Financing of South Lemay
Special Improvement District No. 86.
Second Reading of Ordinance No. 6, 1986, Relating to the Creation
of South Lemay Special Improvement District No. 86.
Second Reading of Ordinance No. 7, 1986, Appropriating Funds to
Pay the Required City Street Oversizing Costs for SID No. 86.
These Ordinances were adopted on First Reading on January 21 by a 6-0
vote. This proposed SID is located on Lemay Avenue from County Road
32 (Windsor Road) north to the existing improved Lemay Avenue at
South Ridge Greens Golf Course a distance of 9,835 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 improved Trilby and internal streets
and SID No. 86 will improve South Lemay. The Lemay District is
comprised of three properties, two of which are also found in the
Provincetowne/Portner SID.
This ordinance was adopted by a 6-0 vote on January 21 on First
Reading. The applicant, Everitt Enterprises, on behalf of property
owners Gerald and Elizabeth Ann Dusbabek; Elmer and Betty Mae
Stromberger; H.H. Investment Company (General Partners: Richard J.
Morroni, Thomas J. Morroni and Catherine C. Gutru); and Wildwood
Farms, Inc. (Albert Parker, Jr. Agent and Attorney In Fact), is
requesting annexation of approximately 406 acres, located south of
Harmony Road and west of County Road 9. This is a voluntary
annexation. The property to be annexed'is presently undeveloped.
This ordinance was adopted on First Reading on January 21 by a 6-0
vote. This is a request to zone approximately 406 acres located south
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February 4, 1986
a
10.
12.
of Harmony Road and west of County Road 9, known as the South Harmony
Annexation, into the T-Transition zoning district.
This ordinance was adopted by a 6-0 vote on January 21 on First
Reading. The applicant, R & S Investments, (Mr. Allan Rhoadarmer,
1611 37th Street, Greeley, C/O Ms. Jackie Dunham, The Group Inc., 375
East Horsetooth Road, Fort Collins, CO) on behalf of property owners
Arlo and Ruby Dodd, is requesting annexation of approximately 1.21
acres, located south of Primrose Drive and west of Taft Hill Road.
This is a voluntary annexation. The property to be annexed is
presently the site of a residential structure and a commercial use.
The intended use of the property is for a group home. In order for a
group home to be developed on the property, the property would have to
be rezoned. The County has agreed not to rezone property within the
Fort Collins Urban Growth Area which is eligible for voluntary
annexation.
Residential, Zoning District.
This ordinance was adopted on First Reading by a 6-0 vote on January
21. This is a request to zone approximately 1.21 acres, located south
of Primrose Drive and west of Taft Hill Road, known as the Spruce
Homes Annexation, into the R-L, Low Density Residential, zoning
district.
This ordinance was adopted on First Reading by a 6-0 vote on January
21. The applicant, E. E. Mitchell & Co., on behalf of property owners
Ward Smith and the Larimer County Voc-Tech Center, is requesting
annexation of approximately 261 acres, located south of Harmony Road
and east of Shields Street. This is a voluntary annexation. The north
100 acres of the property to be annexed is presently the site of the
Larimer County Voc-Tech Center.
This ordinance was adopted on January 21 on First Reading by a 6-0
vote. This is a request to zone approximately 261 acres, located
south of Harmony Road and east of Shields Street, known as the
Voc-Tech Smith Annexation, into the R-L-P, Low Density Planned
Residential, zoning district.
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February 4, 1986
13. Ordinances Assessing the Cost of Improvements for Street Improvement '
District #76 and the Boardwalk Special Improvement District #77.
14.
15.
16.
Second Reading of Ordinance No. 14, 1986, Assessing the Cost of
Improvements in Street Improvement District No. 76.
Second Reading of Ordinance No. 15, 1986, Assessing the Cost of
Improvements in the Boardwalk Special Improvement District No.
77.
These Ordinances were adopted on First Reading on January 21 by a 6-0
vote. After First Reading of the Ordinances, staff discovered the
ordinances contained an incorrect date for the commencement of the
assessment installment payments. We have changed the commencement
date from May, 1987 to May, 1986 in order to correct this error.
Passage of these items on the Consent agenda will amend and then adopt
the amended Ordinance No. 14, 1986 and Ordinance No. 15, 1986 on
Second Reading.
This Ordinance was adopted 6-0 on First Reading on January 21. The I
City Clerk's Office has received $2,000 from State Farm Insurance for
the purchase of the out -dated Vydec word processing units.
Adoption of this ordinance will appropriate $2,000 into the City
Clerk's Office budget for office automation purposes.
This ordinance was adopted on First Reading on January 21 by a 6-0
vote. The Police Department has been awarded a grant from the
Colorado Division of Highway Safety totalling $31,000. These monies
are provided from fees assessed against convicted drunk drivers across
the state. These funds will be ..used to support the already existing
drunk driving enforcement program within the Department. The grant
will provide for they majority of';the salary for the patrol officer
assigned to the lead on^drunk driving enforcement.
This Ordinance appropriates the $31,000 in grant funds for expenditure
in the Police Department's Drunk Driving Program.
This Ordinance was adopted on January 21 on First Reading.by a 6-0 I
vote. The 1986 Budget contains appropriations in both the General
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February 4, 1986
Fund and the Capital Projects Fund for Handicapped Accessibility.
Staff wishes to consolidate the appropriations in the Capital Projects
Fund in order to account for the project in a single location.
17.
The Ordinance was adopted on First Reading on January 21 by a 6-0
vote. At that meeting, Resolutions were adopted which approved the
restatements of the Firefighters' and Police Officers' Pension Plans
to incorporate certain plan improvements and changes made to the plans
as required by the Internal Revenue Service to maintain a qualified
plan. The restatements are being recommended by A.S. Hansen Company,
the City's actuarial consultant. The Firefighters' Pension Board has
approved the changes and the complete restatement. The Police
Officers' Pension Board has approved these changes and the complete
restatement, including changes to the vesting requirements.
fF�
Collins.
These proposed revisions to Chapter 69, of the Code of the City of
' Fort Collins, the city's Landmark Preservation Ordinance, would amend
various sections of the chapter. Major areas of revision include
expanding the Landmark Preservation Commission from five members and
one alternate to seven members; adding a provision for interim
control of building permits when landmark designation is under
consideration; clarification of requirements for conceptual/final
review of work proposed on landmarks and clarification of the appeal
procedure for Landmark Commission decisions.
19. Hearinq and First Readina of Ordinanrp Nn. 71. Mr, Annrnnrinfinn
The City of Fort Collins Community Development Block Grant (CDBG)
Program provided loans and grants to qualified homeowners for housing
rehabilitation. In addition, the CDBG Program provided financing for
three units of the Corner Church Condominiums. Program income has
been received from principal and interest payments and loan and grant
payoffs totaling .$61,405. At this time, staff is requesting approval
to appropriate these program income monies to be used for emergency
rehabilitation.
NO
The Historic Preservation Office of the Community Development
' Department received a grant in the amount of $1,000 from the National
Trust for Historic Preservation. This grant will be used by the
Historic Preservation Office to help finance development of an
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February 4, 1986
21.
22.
23.
educational manual on historic preservation. This manual will be '
developed in conjunction with Poudre R-1 School District personnel and
will aid in the introduction of historic preservation into the
curriculum.
This Ordinance appropriates the $1,000 in grant funds for expenditure
by the Historic Preservation Office.
The Resolution authorizes the City Manager to enter into a contract
with RBD Engineering Consultants of Fort Collins for engineering
services related to the design and construction of composting
facilities to treat Anheuser-Busch sludge and City sludge at
Wastewater Plant #2. The total contract amount shall not exceed
$367,150.
The Resolution authorizes the City Manager to enter into an agreement
with the Larimer-Weld Regional Council of Governments for the City's '
participation in a stream flow and quality monitoring program
conducted by the U.S. Geological Survey. This is a professional
services agreement in the amount of $26,588, as the City's share of a
cooperative effort to monitor the Poudre River in conjunction with
Kodak Colorado Division, Windsor and Greeley.
The 1986 contract with the Humane Society for Larimer County provides
continued animal control enforcement and shelter care facilities for
the City. The City has contracted for these services since 1982 and
has found the Society to be both professional and dedicated in meeting
their contractual obligations. The total contract amount for 1986 is
$162,713.08.
24. Resolution Opposing Changes in the! Federal Power Marketing Program
Congress, in its haste+`.to find ready targets to help balance the
federal budget, may be'looking at the federal power marketing program
as a way to increase federal revenues. Federal hydroelectric power is
currently marketed under two long standing criteria; preference to
consumer -owned utilities and rates charged on a cost -based
methodology. A substantial portion of the power that the City of Fort '
Collins buys from Platte River comes from this federal source. Any of
the several suggested changes to the federal power marketing program
could dramatically increase the wholesale cost of power which would
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February 4, 1986
also increase the retail cost of power to the residents of the City of
Fort Collins. This resolution would urge Congress to preserve the
fundamental principles under which these hydro projects were developed
and under which the contracts for the purchase of this power were
made.
This Resolution calls upon our State Legislators to continue or
reestablish the Lottery Fund Division in the State Treasurers Office,
due to sunset in July 1, 1987, and to assure that the lottery profits
remain earmarked for parks and recreation purposes.
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #5.
Item #6. A.
1 B.
Item #7.
Item #8.
Item #9.
Item #10.
Item #11. Second Readino of Ord in
Item #12.
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February 4, 1986
Item #13. A.
a
Item #14.
Item #15.
Item #16.
Item #17.
No. 77.
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #18.
Item #19.
Item #20.
Councilmember Stoner made a motion, seconded by Councilmember Estrada, to
adopt and approve all items not• removed from the Consent Calendar. Yeas:
Councilmembers Clarke, Estrada; Horak, Knezovich, Ohlson, Rutstein, and
Stoner. Nays: None. -
THE MOTION CARRIED.
Resolution Opposing Changes in the
Federal Power Marketing Program Adopted
Following is the staff's memorandum on this item:
I I
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February 4, 1986
I"Executive Summary
Congress, in its haste to find ready targets to help balance the federal
budget, may be looking at the federal power marketing program as a way to
increase federal revenues. Federal hydroelectric power is currently
marketed under two long standing criteria; preference to consumer -owned
utilities and rates charged on a cost -based methodology. A substantial
portion of the power that the City of Fort Collins buys from Platte River
comes from this federal source. Any of the several suggested changes to
the federal power marketing program could dramatically increase the
wholesale cost of power which would also increase the retail cost of power
to the residents of the City of Fort Collins. This resolution would urge
Congress to preserve the fundamental principles under which these hydro
projects were developed and under which the contracts for the purchase of
this power were made.
Background
Many years ago the federal government undertook the development of dams on
the major rivers in the United States. These dams, for the most part, were
built to serve multiple purposes; such as, flood control, irrigation',
recreation, navigation, and power production. Some parts of the projects
had no ability to repay the capital investment or operating expenses made
by the federal government and some did. For example, flood control and
' recreation were for the benefit of all the citizens and therefore these
costs were borne by the federal government. Power production was required
to pay back.to the federal government, over the life of the project, the
capital cost plus interest at the cost of money at the time the project was
built. In addition, power purchasers are required to pay the irrigation
costs associated with the project which exceed the agricultural irrigators'
"ability to pay". Municipal and industrial water users are required to pay
their total costs for principal, interest, and operating expenses on the
project.
The federal power is marketed by several Power Marketing agencies of the
federal government. In this area, it is the Western Area Power
Administration (WAPA) which markets power generated in the Colorado River
Basin and parts of the Missouri River Basin. This power is marketed under
principles established by the federal government many years ago, but which
are still valid today. In fact, many of these principles have been
reinforced by Congress on numerous occasions.
However, the climate4 is such. in Washington today with the passage of
Gramm/Rudman that Congress is' desperately seeking to reduce government
expense or increase revenues. This is a formidable task but one that
everyone agrees needs to be done'. The problem is that Congress is looking
at the federal power program as one way to help, not realizing that this
particular program is not costing the government anything. In fact, it
' more than pays for itself and part of the irrigation obligation as well.
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February 4, 1986
There are currently three proposals to alter the program, all of which '
would raise the cost of power to the citizens of Fort Collins. The three
are as follows:
1. Sell off the federal dams to the highest bidder.
2. Increase the interest cost component of the repayment schedule
from the cost at the time the project was built to the current
interest rates.
3. Sell the power to the highest bidder.
The problem with each of these is as follows:
If the projects are sold to the highest bidder, it is unlikely that a small
organization like Platte River could raise the needed funds to bid against
the large private power companies. If private companies purchased these
projects, the power would no longer be available to Fort Collins and would
have to be replaced with power costing three or four times as much. If
somehow in the bidding process Platte River were successful, the debt would
have to be financed at current interest rates and and the net effect would
still be to raise the cost of power by 300 to 400 percent. We lose either
way.
If the federal government were to raise the interest rates charged to the '
current interest rates, the result would be the same -- dramatic increases
in the cost of this power, contrary to the philosophy of selling the power
at cost -based rates. Also this would be contrary to the agreements that
were signed to purchase this power in the first place.
Auctioning the power to the highest bidder would increase the cost to
slightly below the cost of power produced at coal-fired power plants.
Again, this would result in large increases since the cost of the hydro
power is about one cent per kwh and the cost of coal-fired power is 3.5 to
5.5 cents per kwh. Also, the concept of providing preference to this hydro
power by consumer -owned, nonprofit utilities would also be lost.
In light of all of the above,. it is imperative that the City of Fort
Collins oppose all..of these attempts and the adoption of this Resolution
will place the Cify'�:.Council on'record for wanting to preserve these long
standing policies which benefit 'a very large segment of the population of
the United States.
Councilmember Knezovich made a motion, seconded by Councilmember Stoner, to
adopt Resolution 86-17.
Bruce Lockhart, 2500 East Harmony Road, commented on .the amount of power
controlled by the federal government and urged defeat of the Resolution. '
Councilmember Knezovich felt this Resolution was important to the rate
payers of the community and urged support for the Resolution. He added the
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February 4, 1986
Ifederal government had entered into a contract with the City years ago and
should not be allowed to break the contract. He stated such action would
cause dramatic rate increases.
Councilmember Horak noted that from the rate payers' perspective, it made
sense to keep the current deal and urged adoption of the Resolution.
The vote on Councilmember Knezovich's motion to adopt Resolution 86-17 was
as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich,
Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Resolution Authorizing the City Manager
to Enter into an Agreement with the Humane
Society for Animal Control Services, Adopted
Following is the staff's memorandum on this item:
"Executive Summary
The 1986 contract with the Humane Society for Larimer County provides
continued animal control enforcement and shelter care facilities for the
' City. The City has contracted for these services since 1982 and has found
the Society to be both professional and dedicated in meeting their
contractual obligations. The total contract amount for 1986 is
$162,713.08.
Background
Basic service, with few modifications, will continue as provided in 1985.
1985 hours of coverage for animal control enforcement were:
Saturday and Sunday 8:00 a.m. - 6:00 p.m.
Monday thru Friday 6:00 a.m. - 10:30 p.m.
Overlap Coverage 10:00 a.m. - 6:30 p.m.
Park and Trail Patrol
Monday thru Friday 1:00 p.m. - 6:00 p.m.
Saturday and Sunday 11:30 a.m. - 7:00 p.m.
Several changes have been made in`�the 1986 contract to allow for a slight
increase in the level of service`provided -and to clarify the expectations
of service. These changes include:
- Two additional months, May and September, of park land and
trail patrol and enforcement were added.
- Definition of types of calls which would constitute emergency
after-hours service was included in Section 4 (c).
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February 4, 1986
'
- Section 6 (d)
formalizes the understanding
that Society
personnel will be
responsible for calls regarding
livestock and
the coordination
of wildlife calls with the
Division of
Wildlife.
- The permissible
areas of expenditure of excess revenue
generated by the
sale of City licenses are limited
to public
education and training of enforcement personnel
in Section 10
(c).
The total contract amount for 1986 service is $162,713.08. The total
expenditure for 1985 amounted to S137,000; however, the 1985 contract with
increased service levels was not finalized until July and the Humane
Society was paid at the 1984 contract level for the first six months of
1985."
Councilmember Clarke made a motion, seconded by Councilmember Stoner, to
adopt Resolution 86-16.
Councilmember Horak asked about the response time on animal control calls.
Police Chief Glasscock replied that the average response time
was estimated
to be approximately 20 minutes.
Margaret Triplett, Executive Director of the Humane Society,
the Society's budget $400,000
commented on
'
of and their anticipated growth
during 1987.
Councilmember Knezovich felt the Humane Society had done an
admirable job
under difficult conditions and expressed the hope that in
the future
persons who own animals would expect to pay a greater
share of the
Society's costs through licensing fees.
Councilmember Horak felt that owners who allow their dogs to
run loose are
the users and should be the ones who pay for the Humane Society's
services.
He added that he felt the contract was not being given enough
scrutiny and
should be monitored closer.
Councilmember Ohlson suggested communication and coordination should be
improved between the Society and the Police Department.
The vote on Councilmember Clarke's motion to adopt Resolution 86'-16twas as
follows: Yeas: Councilmembers Clarke, Estrada'; Knezovich;".Ohlson,
Rutstein, and Stoner. Nays: Councilmember Horak.
THE MOTION CARRIED.
0::
February 4, 1986
it Resolution Making Appointment to
the Planning and Zoning Board,
Tabled Until February 18
Following is the staff's memorandum on this item:
"A vacancy currently exists on the Planning and Zoning Board due to the
resignation of Gary Ross. The Council liaison has conducted interviews and
will announce the recommendation at the meeting February 4.
In keeping with Council's policy, this Resolution will be tabled until
February 18 for public input."
Councilmember Clarke made a motion, seconded by Councilmember Horak, to
adopt Resolution 85-19 inserting the names of Linda Lang as the regular
member, and Bernhard Strom as the alternate member.
Councilmember Knezovich made a motion, seconded by Councilmember Estrada,
to table Resolution 85-19 until February 18. Yeas: Councilmembers Clarke,
Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
I
Consider Application for Pawn Shop
License from Walnut Street Trader,
Application Approved
Following is the staff's memorandum on this item:
"Executive Summary
The City Clerk's office has received an application from Gary M. Kamerzell
and Gordon Nutter dba Walnut Street Trader, 204 Walnut Street for a pawn
shop license. The applicant has submitted the license application fee of
$55 and a surety bond in the amount of $2,500. The two owners of the
business have submitted individual history statements to the Police
Department, and a background investigation has been completed by the
Investigations Division.
Background
Pawn shop licenses are issued by the City Clerk after approval by the City
Council upon recommendation df` the Chief of Police. The Code states as
follows: "No license shall be approved unless the City Council, after
investigation, shall have found that the applicant possesses financial
responsibility, character and general fitness so as to command the
confidence of the public and to warrant belief that the business will be
operated lawfully, honestly, fairly and efficiently for•the purpose of this
' Article."
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February 4, 1986
The Police report concerning applicants Gary Kamerzell and Gordon Nutter
has been forwarded to Council under separate cover.
Council needs to review the Police Department report and hear any
presentation the applicant wishes to make regarding the pawn shop
application, and determine whether the license should be granted to Walnut
Street Trader at 204 Walnut Street."
Councilmember Ohlson noted the information provided to Council by staff
expressed concern about two incidents occurring at the Walnut Street
Trader. These concerned a diamond ring and ladder and occurred while
operating under a second-hand dealer's license.
Gary Kamerzell, Walnut Street Trader, explained the circumstances of the
two incidents and noted he now understood all the regulations and reporting
requirements relative to this type of business. He stated that at the time
of the incidents he had been very new to the business and now was complying
fully with the requirements. He explained the differences between a pawn
broker's license and a second-hand dealer's license and noted he was
working closely with the Police Department to determine if suspicious items
were actually stolen items.
Councilmember Ohlson made a motion, seconded by Councilmember Knezovich, to
approve the application for a pawn broker's license for Gary Kamerzell and I
Gordon Nutter, dba the Walnut Street Trader.
Councilmember Ohlson noted he would support the motion but cautioned the
applicants to pay particular attention to recordkeeping requirements in the
future.
The vote on Councilmember Ohlson's motion to approve the pawn broker's
license for the Walnut Street Trader was as follows: Yeas: Councilmembers
Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays:
None.
THE MOTION CARRIED.
Citiien Participation
A. Proclamation Naming February as
American History
Month was accepted by
Barbara Phipps, Regent of the C-L-P
Chapter DAR.
B. Proclamation Naming the Week of
February Was
the Kick Off Week of
Community Safety Belt Program
was accepted by
Lynn McConkey, Risk
Manager for the City of Fort Collins.
C. Proclamation Naming February 28,
1986 as TRIO Day
was accepted by Geri
and ?Paul Thayer, CSU
Aragon, CSU, Jan Borella, Rocky
Mountain High,
Director of Upward Bound.
I
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February 4, 1986
�.� Jean Dixon, 416 South Loomis, opposed the postponement of action on a
hazardous materials transportation ordinance at the local level and asked
for passage of such an ordinance.
Jim Creeden, 1917 South Shields #03, expressed concerns about the conduct
and competency of the Fort Collins Police Department and asked Council to
direct Police Chief Bruce Glasscock to uphold the oath of his sworn office
and the oaths of his entire department. He suggested complaints were not
being handled in a timely fashion and expressed concern that a brochure
describing the complaint procedures was not available. He noted he
intended to file charges against the Police Department and asked that the
charges be followed up on and not white -washed.
Mayor Rutstein pointed out that the Police Chief was not hired or fired by
the City Council and that she would refer this dispute to the City Manager
for further review and investigation. She noted the Human Relations
Commission hears complaints against the Police Department from citizens and
asked staff to make that information available to Mr. Creeden.
John Messineo, 137 North Bryan, asked about the running of the trolley on
the past Sunday. He asked what parts of the trolley contracts were being
enforced. He suggested the trolley contract had been violated by the
running of the trolley and by the lack of the filing of the annual report
by the Society. He asked that the operating agreement be declared in
' default.
Carol Osborne, Public Works Administrator, stated the Society had been
given verbal permission to operate the trolley in preparation for a
demonstration run in connection with the current court case.
Wally and Francis Bujack, 512 Cook, presented petitions containing the
signatures of 1,030 persons who are against the removal of the cannon from
City Park. They asked for reconsideration of the decision to move the
cannon.
Mayor Rutstein asked staff to meet with the Bujacks and other interested
parties to review and evaluate the cannon situation.
Councilmember Estrada suggested a plaque commemorating the veterans of
previous wars be placed on the cannon but not necessarily at that location.
He suggested staff investigate the possibility of upgrading the memorial.
Kathy Jones, business owner at 127 South College, asked for the adoption of
an ordinance relating to the transportation of hazardous materials.
Ted Oakes, 429 South Whitcomb,,, expressed support for leaving the cannon at
its current location.
' Ken Goldsberry, 2310 Moffitt Drive, read ailetter from the Colorado Pioneer
Association expressing support for leaving the cannon in place.
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February 4, 1986
Jim Woodward, 400 South Grant, expressed support for the adoption of an
ordinance regulating the transportation of hazardous materials.
Staff was directed to complete the staff work on the ordinance and to
schedule the ordinance for February 18, if possible.
Ordinance Amending Chapter 99 of
the Code of the City of Fort Collins
Concerning Street Oversizing
Payment, Tabled Indefinitely
Following is the staff's memorandum on this item:
"Executive Summary
This ordinance amends Section 99-6(F) of the Code of the City of Fort
Collins which establishes the requirement for the City to pay for certain
street oversizing expenses. The ordinance limits the City's obligation to
pay for oversizing to budgeted monies in the Street Oversizing Fund.
Background
The ordinances of the City of Fort Collins require the developer to '
complete certain streets to collector and arterial standards. For that
portion of the street which exceeds the requirements for a residential
street, the City is to repay the developer for such costs. The Code
currently provides that the oversizing costs are to be paid by the City out
of general revenues or the Street Oversizing Fund. Presently, the City has
insufficient revenues in the Street Oversizing Fund for all anticipated
oversizing expenditures and the General Fund cannot be obligated except by
a specific appropriation for the expenditure which is to be made.
Presently, developers are required to sign subdivision improvement
agreements which establish and set the amount for the cost of construction
of collector or arterial streets in which the City is to participate.
These subdivision agreements now provide that the City's obligation for
payment is limited to those funds then budgeted, appropriated and made
available for the project to be constructed.
The purpose of the amendment is to conform the ordinances of the City to
the present practice which is established by the subdivision agreement.
The important change in the`ordinance'would provide that the cost to the
City will be paid out of tK6,` Street • Oversizing Fund and when payment is
requested, the City's obligation to make payment shall be limited to those
funds then budgeted, appropriated and made available for the project for
which reimbursement is requested.
The staff is evaluating the street design standards and the policies
concerning City participation in collector and arterial street construction ,
costs. Recommendations to the Council regarding these standards and
policies will be coming shortly, however, staff considers. that it is
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February 4, 1986
important to have the proposed ordinance adopted at this time so as to
clarify the position taken that the City's obligation to pay is limited to
funds then budgeted, appropriated and available."
Councilmember Ohlson made a motion, seconded by Councilmember Estrada, to
adopt Ordinance No. 23, 1986 on First Reading.
Bob Zakely, Everitt Companies, expressed the concern of the development
community. He stated they wanted to solve the problem in a long range
manner and asked that the ordinance be tabled.
Bill Bartran, Bartran Homes, objected to the late notice of this
ordinance's consideration and asked that it be tabled.
Randy Funke, Denver attorney, expressed concern over the process and
encouraged Council to keep a balance between development and City fiscal
soundness.
Melvin Johnson, 1600 Linden Lake Road, asked if street oversizing funds
have been used for projects other than those where the City and the
developer have had a specific participation agreement.
Interim City Manager Shannon replied that the median work on East Mountain
was the only project that came to mind.
Mr. Johnson stated that he felt that
pay for itself" costs of improvements
from age, obsolescence, and changes
against new development.
under the guise of "let development
to infrastructure deficiencies caused
in use standards have been charged
Councilmember Horak made a motion, seconded by Councilmember Stoner, to
table Ordinance No. 23, 1986 indefinitely on First Reading. Yeas:
Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, and Stoner.
Nays: Mayor Rutstein.
THE MOTION CARRIED.
Items Relating to the Creation and
Financing of Harmony Trunk Sanitary
Sewer Special Improvement District No. 60.
Following is the staff's memorandum on this item:
"Executive Summary
A. Resolution accepting the petition;, declaring, a need for the
improvements and directing the Public 'Works Administrator, or
Designated Representatives, to prepare plans, estimated. costs, and a
map of the proposed district.
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February 4, 1986
B. Resolution accepting the report of the costs, assessment method and
plans for the Harmony Trunk Sanitary Sewer Special Improvement District
No. 60.
Background
The City was notified of the desire on the part of the principal petitioner
to consider a gravity trunk sanitary sewer line in the southeast quadrant
as long ago as the fall of 1980. Due to the slow -down in home building in
1982 and 1983 and the complication of forming a SID to finance this venture
outside the UGA, the petitioner did not revive this district until January,
1985. In order for this project'to be considered as a City -sponsored SID
it needed to be within the City limits. This required a revision to the
Urban Growth Area as well as annexation to the City. These actions were
approved by the City's Planning and Zoning Board and City Council and the
County Commissioners and Planning Commission. The final action, the
annexation and zoning will be heard by Council on February 4, 1986.
The proposed district is located south of Harmony Road and east of Lemay
Avenue. It extends to Minor Road (County Road 9) eastward and to the
McClelland Creek (approximately) southward. The trunk line will attach to
an extension of a line which now terminates at the northwest corner of the
Hewlett-Packard site. The existing line will be extended from the
northwest corner of Hewlett-Packard to the southwest corner of
Hewlett-Packard by the City and Hewlett-Packard jointly where this proposed
district will connect.
'
FUNDING
The estimated total cost of construction and engineering for the district
is $945,200. The City's cost for extending the existing line and pipe size
oversizing is $320,500, leaving a balance of $660,900 to be assessed
through the district. The City's estimated cost, $320,500, is appropriated
under Capital Projects for 1986.
ASSESSMENTS
The property owners within the district will be assessed on the basis of
each property's estimated average daily flow (ADF) in relation to the total
estimated ADF from all of the participating petitioners. Other properties
within the sewer service`.area will be permitted to use the sewer through
separate agreements with'_the petitioners.
This sanitary 'sewer is needed to serve a fast developing area within the
City which could not be served by the south Fort Collins Sanitary District
economically since they can not serve the area by a gravity line, and lift
stations are costly to operate and maintain.
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February 4, 1986
IRECOMMENDATION
The petitioners have met the City's requirements for the formation of a
special improvement district. Therefore, staff recommends adoption of the
resolutions."
Councilmember Stoner made a motion, seconded by Councilmember Knezovich, to
adopt Resolution 86-21.
Councilmember Ohlson questioned the need for this type of a SID and stated
he felt the City was becoming a financing tool for development without any
justification.
Interim City Manager Shannon replied that it was not the same analogy for a
street improvement district. The public policy question is whether the
City wants to lend this financing tool in an attempt to reduce the overall
cost of development anywhere in the City.
Councilmember Ohlson expressed concern that this tool might only be
available to larger developers.
Bob Zakely, Everitt Companies, pointed out the benefits and advantages the
City would derive from the formation of this district.
' The vote on Councilmember Stoner's motion to adopt Resolution 86-21 was as
follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich,
Rutstein, and Stoner. Nays: Councilmember Ohlson.
THE MOTION CARRIED.
Councilmember Clarke made a motion, seconded by Councilmember Stoner, to
adopt Resolution 86-22. Yeas: Councilmembers Clarke, Estrada, Horak,
Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Resolution Accepting the Petition,
Declaring a Need for the Improvements
and Directing the.Public Works
Administrator'!or'Designated Representative,
to Prepare Plans, Estimated Costs and a Map
of the Proposed Arbor Plaza Special
Improvement District No 88 Adopted
Following is the staff's memorandum on this item:
"Executive Summary
' The proposed Arbor Plaza Special Improvement District No. 88 provides
improvements to Harmony Road and College Avenue, bringing them to major
arterial standards adjacent to Arbor Plaza PUD and extends Mason Street
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February 4, 1986
from its present terminus at Kensington Drive to Harmony Road and
continuing through Arbor Plaza PUD to College Avenue. Water, sanitary
sewer and storm sewers within and adjacent to these streets are included in
the proposed district.
Background
Arbor Plaza P.U.D. was approved by the Planning and Zoning Board on January
27, 1986. The proposed Arbor Plaza SID #88 contains improvements within
and adjacent to the Arbor Plaza P.U.D.
The proposed Arbor Plaza Special Improvement District No. 88 is located,
generally, at the southwest corner of Harmony Road and College Avenue. The
proposed improvements include streets (including curb, gutter, sidewalk,
landscaped streetscapes and medians, asphalt wearing surface, gravel base
and grading), traffic signals, water distribution system, sanitary sewer
distribution system, and storm drainage. Street improvements involve
Harmony Road, Mason Street and College Avenue.
FUNDING:
We are aware that street oversizing improvements will be made within this
SID; however, the developer has been informed (see letter attached) that
the Street Oversizing Fund does not have monies available for this project.
The developer has informed us that he wants to proceed with the project
knowing that he will have to pay the oversizing costs at this time.
The improvements proposed are necessary for the development of the Arbor
Plaza PUD. The extension of Mason Street to Harmony is needed at this time
to allow the additional traffic an alternative to using the congested
Troutman -College intersection. Improvements to Harmony west of College
will help to relieve a congestion problem during the A.M. peak hour. Since
the developer has agreed to pay the oversizing costs at this time, staff
feels the proposed district meets the City's criteria for establishment of
a Special Improvement District and, therefore, recommends adoption of the
resolution."
Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to
adopt Resolution 86-20.
Randy Funke, attorney representing the developer, encouraged support of the
Resolution and pointed out how ihe`'iextension of Mason Street and the
improvement to Harmony Road would•benefit the City.
The vote on Councilmember Ohlson's motion to adopt Resolution 86-20 was as
follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich,
Rutstein, and Stoner. Nays: Councilmember Ohlson.
THE MOTION CARRIED.
1
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196 --
February 4, 1986
Ordinances Relating to the Creation and
Financing of South Lemay Special Improvement
District No. 86, Adopted on Second Reading
Following is the staff's memorandum on this item:
"A. Second Reading of Ordinance No. 6, 1986, Relating to the Creation of
South Lemay Special Improvement District No. 86.
Second Reading of Ordinance No. 7, 1986, Appropriating Funds to Pay
the Required City Street Oversizing Costs for SID No. 86.
These Ordinances were adopted on First Reading on January 21 by a 6-0 vote.
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 9,835 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 improved Trilby
and internal streets and SID No. 86 will improve South Lemay. The Lemay
District is comprised of three properties, two of which are also found in
the Provincetowne/Portner SID."
Councilmember Clarke made a motion, seconded by Councilmember Stoner, to
adopt Ordinance No. 6, 1986 on Second Reading.
Councilmembers Horak and Ohlson spoke against the ordinance because of the
distance the improvements are from the heart of Fort Collins and because of
the low density in the area. They felt the expenditure of funds was not
warranted at this time.
Councilmembers Clarke and Stoner stated the developers had followed the
rules and guidelines and it would not be fair to pull the rug out from
under them after 1 1/2 years of negotiation.
The vote on Councilmember Clarke's motion to adopt Ordinance No. 6, 1986 on
Second Reading was as follows: Yeas: Councilmembers Clarke, Estrada,
Knezovich, Rutstein, and Stoner. Nays: Councilmembers Horak and Ohlson.
THE MOTION CARRIED.
Councilmember Stoner made a motion, seconded by
adopt Ordinance No. 7, 1986 on Second Reading.
Clarke, Estrada, Rutstein, and Stoner. Nays:
Knezovich, and Ohlson.
THE MOTION CARRIED.
Councilmember Clarke, to
Yeas: Councilmembers
Councilmembers Horak,
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February 4, 1986
Ordinance Appropriating Unanticipated '
Revenue in the Community Development
Block Grant Fund. Adopted on First Reading
Following is the staff's memorandum on this item:
"Executive Summary
The City of Fort Collins Community Development Block Grant (CDBG) Program
provided loans and grants to qualified homeowners for housing
rehabilitation. In addition, the CDBG Program provided financing for three
units of the Corner Church Condominiums. Program income has been received
from principal and interest payments and loan and grant payoffs totaling
$61,405. At this time, staff is requesting approval to appropriate these
program income monies to be used for emergency rehabilitation.
Background
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 and low -interest loans totaling
$2,153,249.50 to qualified homeowners for the purposes of rehabilitating
184 houses. ,
As of December 31, 1985, the City has loan receivables from the CDBG
Program totaling $462,436.19. The total breaks down to 42 low -interest
housing rehabilitation loans totaling $331,260.34 including the 3 Corner
Church Condominium loans in the amount of $131,175.85. The majority of
these housing rehabilitation loans are for 20 years and will provide CDBG
Program Income for the City through the year 2005. The Corner Church
Condominium loans are for 30 years, and since they are not assumable would
be paid off at time of sale, or if not sold, will provide CDBG Program
Income through the year 2012. The average annual amount of loan repayments
is approximately $32,000.
The City also has 80 housing rehabilitation grants outstanding in the
amount of $733,343. These are forgivable loans, reduced 20% per year.
These grants are required to be repaid in the event of the sale of the
property. All grants will be released by December, 1990.
Due to a large°;�amount of, loan and grant payoffs in the last few months, the
CDBG Program has received'$61,405 in program income. U.S. Department of
Treasury regulations on withdrawal of cash from the Treasury for advances
under Federal Programs requires that program income be disbursed prior to
making additional draws from the Letter of Credit to finance approved
community development activities. It has been City policy to use program
income for housing related projects, thus staff is requesting approval to '
appropriate these program income monies for allocation to the Emergency
Rehabilitation Program which typically experiences greater activity in
winter months. If the CDBG program is eventually cut by federal budgetary
IM
February 4, 1986
actions, program income from loan paybacks will still be received by the
City for continuation of housing programs or projects developed by the City
at that time."
Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to
adopt Ordinance No. 21, 1986 on First Reading.
Councilmember Knezovich asked if HUD regulations required these' funds to
be reprogrammed in the current year or if they might be held over to the
upcoming year beginning October 1.
Interim City Manager Shannon replied that both could be done but the monies
needed to be appropriated in a fund called emergency housing assistance.
He noted it was not expected that all the money would be expended in 1986
thus the balance would be available going into the next fiscal year.
The vote on Councilmember Ohlson's motion to adopt Ordinance No. 21, 1986
on First Reading was as follows: Yeas: Councilmembers Clarke, Estrada,
Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Resolution Authorizing Award of an
' Engineering Services Contract to RBD,
Inc. for Sludge Composting Project Adopted
Following is the staff's memorandum on this item:
"Executive Summary
The Resolution authorizes the City Manager to enter into a contract with
RBD Engineering Consultants of Fort Collins for engineering services
related to the design and construction of composting facilities to treat
Anheuser-Busch sludge and City sludge at Wastewater Plant #2. The total
contract amount shall not exceed $367,150.
Background
The Anheuser-Busch Master Agreement requires the City to be prepared to
treat brewery wastewater by February 1988. Staff researched and evaluated
several different alternatives for using or disposing of sludge from the
brewery wastewater and concluded, with the concurrence of Anheuser-Busch,
that composting .is the best sludge disposal alternative. Treatment of the
Anheuser-Busch wastewater will result in approximately 3.6 dry tons per day
of sludge: The City intends to oversize this facility by approximately 2.4
dry tons per day for a total of approximately six dry tons in order to
accommodate composting of some City sludge. This will supplement the
sludge handling capacity of the Resource Recovery Farm and will produce a
' marketable compost.
Cl��
February 4, 1986
The request for proposals for consulting services was issued in October and
the proposals of four firms were evaluated. The selection committee
recommended award of the contract to RBD, Inc. Staff proposes to award the
entire contract for conceptual design, final design, bidding services,
construction administration, and resident engineering, to RBD assuming
satisfactory performance during the initial phases. In the past, the
design phase and construction phase of contracts have been submitted
separately. In response to Council's request, the entire contract is being
submitted as a package.
Costs for each phase of the project are as follows:
Conceptual design: $ 18,150
Final Design: 140,000
Bidding Services: 10,000
Construction Administration: 61,000
Resident Engineering: 138,000
Total: 367,150
The sludge composting facility will be oversized to accommodate City
sludge. Therefore, 70% of the contract amount attributable to
Anheuser-Busch wastes will be funded from the supplemental user fees and
the base formula calculation. The remaining 30% will be funded from the
Sewer Capital Improvements Fund. The funds for this project are budgeted I
and available."
Councilmember Stoner made a motion, seconded by Councilmember Estrada, to
adopt Resolution 86-14. Yeas: Councilmembers Clarke, Estrada, Horak,
Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
City Manager's Report
Interim City Manager Shannon reminded Council that the public forum held by
the Economic Development Task Force was scheduled for Thursday night.
Councilmembers' Reports
Councilmember Horak asked about,the Cfty'.s policy on snow dumping in parks.
He questioned whether there was a fair distribution around the City.
Interim City Manager Shannon noted there were 19 storm drainage catch
basins or undeveloped parks that are used for snow dumping.
Councilmember Horak noted he was elected COG chairperson for 1986. '
Councilmember Knezovich commented on the effects '-of the Gramm -Rudman -
Hollings bill.
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February 4, 1986
' Councilmember Clarke reported on the vote on the amended version of the
smoking bill, noting it had passed in the Senate and would be moving to the
House.
Mayor Rutstein congratulated Councilmember Horak on his election as COG
chairperson.
Other Business
Mayor Rutstein noted the Council reorganization typically comes up in March
and asked Councilmembers their preference of either March 4 or March 18.
Consensus was that the reorganization should take place March 4.
Resignation of John Clarke
Councilmember Clarke read a statement announcing his immediate resignation
from his at -large Council seat citing the toll his Council involvement was
taking on his family and business as the reason.
Councilmembers expressed sadness, but understanding, respect and support
for Councilmember Clarke's decision and thanked him for his years of
dedicated Council service.
Adjournment
Councilmember Horak made a motion, seconded by Councilmember Ohlson, to
adjourn the meeting to 7:00 p.m. on February 11 to discuss the process for
selecting a replacement for John Clarke. Yeas: Councilmembers Clarke,
Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
The meeting adjourned at 11:15 p.m.
ATTEST:
1i "hs 'S "..
Cy Clerk k3
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