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HomeMy WebLinkAboutMINUTES-04/05/1983-RegularApril 5, 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, April 5, 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: Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Staff Members Present: Arnold, Meitl, Krajicek, Huisjen, Lewis Agenda Review: City Manager City Manager Arnold noted there would be two items of Other Business -- a report on the Pineridge property and a request for an Executive Session to discuss legal matters. Mayor Cassell asked that Item #16, Hearing and First Reading of Ordinance No. 39, 1983, Vacating a Portion of an Access and Utility and Drainage Easement of Scotch Pines 9th Filing, be withdrawn from the Consent Calen- dar. Councilmember Wilmarth requested Item #21, Resolution Authorizing an Office Space lease for Community Development Office, be removed from the Consent Agenda. Councilmember Horak asked that Item #19, Resolution. Setting Forth the Responsibilities of the Environmental Quality Technical 'Advisory Committee (EQUATAC), be removed from the Consent Calendar. James Hesse, 704 Highland, asked that Item #15, Hearing and First Reading of Ordinance No. 38, 1983, Amending Chapter 112 of the Code of the City of Fort Collins, by the Addition of Article VI Pertaining to the Dual Supply of Water and Sanitary Sewer Service, be withdrawn from the Consent Agenda.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. -143- April 5, 1983 ' Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #34, 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 March 15, 5. Second Reading of Ordinance No. 25, 1983, Amending Certain Sections of Chapter 118 of the Code of the City of Fort Collins, being a part of nq Ordinance. This Ordinance which was unanimously adopted on First Reading on March 15 is a staff -initiated request to amend certain portions of the Zoning Code. These changes are basically housecleaning items, but would update the Ordinance relative to current City policies and plans. 6. Second Reading of Ordinance No. 26, 1983, Amending a Section of Chapter 99 of-t-h-e-C-o-d-e--of the City of Fort Collins, being a part o ' the Subdivision of LandOrdinance. This Ordinance which was unanimously adopted on First Reading on March 15 would eliminate the special one -lot review process in situations where only one building is to be built on one parcel of land having only one owner, and require that an official subdivision be approved and recorded before a building permit can be issued. This should not impose any undue hardship for the applicant and will result in a clear, standard procedure giving the applicant a legal, recorded document for his efforts. 7. Second Reading of Ordinance No. 27, 1983, Amending a Section -of Chapter 64 of the Code of the City of Fort Collins, being a part. of the Non -Owner -Occupied Housinq, Health and Safety Code. The present Non -Owner -Occupied Housing Code requires that all habit- able rooms within a dwelling must have heating facilities which are capable of maintaining a room temperature of sixty degrees when the outside air temperature is zero degrees. This proposed Ordinance, which was unanimously adopted on First Reading on March 15, would eliminate the reference to any outside air temperature. Thus, a room temperature of 60 degrees would have to be maintained regardless of the outside temperature. This would make the Code easier to enforce and would enable the Building Inspection office I to respond to tenants in a more favorable manner. -144- 1 April 5, 1983 8. Second Reading of Ordinance No. 28, 1983, Proposing Changes to the Landmark Ordinance In Chapter 69 of the Code and the Landmark Preser- vation Commission's bylaws. The Landmark Preservation Commission has recommended that changes be made to the Landmark Ordinance in Chapter 69 of the Code. These changes are being proposed after a period of 18-months of functioning under the existing Ordinance. During this period, the Landmark Preservation Commission has become aware that certain aspects of the existing Ordinance need modification. Through these suggested re- visions, the Landmark Preservation Commission seeks to improve the existing review/appproval process. These proposed changes were reviewed at the City Council worksession of February 22, 1983. The Ordinance was unanimously adopted on First Reading on March 15. 9. Second Reading of Ordinance No..29, 1983, Appropriating Unanticipated an Revenue in the Community Development Block Grt Fund. The construction bid received to perform rehabilitation work on Thomas J. Larkin's house came in at $15,490. Because the maximum allowable grant from the City for housing rehabilitation projects is $15,000, mr. uarKin agreed to pay for the balance of the construction work totalling $490. In order to consolidate project resources and con- struction contracts, Mr. Larkin has paid this money directly to the City and the City will issue one contract for the construction work to be performed. This Ordinance which was unanimously adopted on First Reading on March 15 appropriates the $490 in the Community Development Block Grant Fund for housing rehabilitation on the Larkin's house. 10. Second Reading of Ordinance No. 30, 1983, Authorizing Transfer Between Capital Projects. Staff is requesting the transfer of $20,000 from unspecified Drainage Contingency into the Ditch Consolidation Study Project. These funds will be used to perform additional engineering and legal studies to answer certain specific questions raised by the Storm Drainage Board and ditch companies. These questions need to be answered before the Storm Drainage Board can make an informed recommendation to the City Council. The Ordinance was unanimously adopted on First Reading on March 15. 11. Items Relating to the Downtown Traffic and Circulation Study. ' A. Second Reading of Ordinance No. 33, 1983, Appropriating $15,000 in the Downtown Development Authority Fund. -145- 1 April 5, 1983 Second Reading of Ordinance No. 34, 1983 appropriating unan- ticipated revenues totaling $36,336 ($15,000 from the DDA and $21,336 from the State Highway Department P-L Funds) for use on the Downtown Traffic and Circulation Study. The Transportation Services Unit has identified a need to develop a traffic circulation plan for the downtown area. With various proposed development projects and other potential developable areas, a compre- hensive plan to lend overall guidance and consistency to the traffic needs of the downtown area is needed at this time. To this end, the Transportation Services Unit has worked with the Downtown Development Authority (DDA) and the Larimer-Weld Regional Council of Governments (LWRCOG) to identify their involvement and concerns. Both of these agencies have supported the concept of this downtown study. r Ordinance Nos. 33 and 34, 1983 were unanimously adopted on First Reading on March .15. Ordinance No. 33, 1983 appropriates the DDA's share ($15,000) of the cost of the Downtown Traffic Study and Ordi- nance No. 34, 1983 appropriates $36,336 for use on the Downtown Traffic and Circulation Study. 12. Hearing and First Reading of Ordinance No. 35, 1983, Transferring , $ ,200 from Parkland Fund Contingency to the Washington Park Project. During the recent parking expansion and landscaping project in the City Hall block, it was necessary to remove some of the play equipment in Washington Park which is located to the immediate north of Old City Hall. Since the equipment removed was quite old and deteriorating, it was not returned to the park. Replacement equipment has been selected which provides swings, slides, climbers and tunnels. The cost of the new equipment is:$5,200. Funds are available in the Parkland Contingency budget to transfer to this project. This Ordinance authorizes the transfer of $5,200 from Parkland Con- tingency to the Washington Park project to pay for new play equip- ment. 13. Hearinq and First Readinq of Ordinance No. 36. 1983. Authorizinq the Franster of Appropriated Amounts from the Street Oversizing Fund to the Capital Projects Fund for Traffic Signal Installations. In accordance with the Ordinance establishing the Street Oversizing Fee. an amount for traffic signal installation resulting from new development is included in the fee. The amount budgeted in the Street , Oversizing Fund each year for traffic .signal projects is based upon -146- FJ April 5, 1983 14.6% of estimated street oversizing fees to be collected. These funds are transferred from the Street Oversizing Fund to the Capital Pro- jects Fund as projects are identified. The two locations warranting traffic signals are the intersections of College Avenue/Boardwalk Drive and Harmony Road/Boardwalk Drive. 14. Hearing and First Reading of Ordinance No. 37, 1983, Appropriatin Unanticipated Revenue in the General Fund. As a result of the Tax Equity and Fiscal Responsibility Act of 1982, the City is required to withhold federal tax on pension payments (effective January 1, 1983). Prior to 1983, the City's pension pay- ments were made through the Accounts Payable System which did not have the capability to withhold income tax. In order to comply with the withholding requirements, the design, development, and implementation of a new Pension Payment and Reporting System was necessary. The Pension Payment and Reporting System was originally to be con- tracted out with funding provided equally by the City's three locally ' administered pension funds (general employees, police, and fire). The actual development and implementation of the system by Management Information Systems (MIS) staff cost $5,480. Funding for this project w monies are available in t System development and wi March 24, the Boards of al approve the expenditure of ment cost. This Ordinance MIS Department budget. s not included in the MIS budget. However, ie pension funds to cover the costs of the 1 be transferred to the General Fund. On I three pension funds took formal action to their equal share of the program develop - appropriates the $5,480 in the General Fund 15. Hearing and First Readinq of Ordinance No. 38. 1983. Amendin lie or the Code of the city of Fort Collins, by the Addition of Article VI Pertaining to the Dual Supply of Water and Sanitary Sewer ervice. For a number of years, the City has had a continuing dispute with the South Fort Collins Sanitation District and the Fort Collins -Loveland Water District over service area boundaries and the right to serve. Recently, the City and the Districts have agreed on a mutually accep- table approach to resolve the pending dispute whereby the Districts could provide water and sewer service to certain areas within the City limits providing the Districts are willing and capable of providing ' such service. The purpose of this proposed ordinance is to provide the legal authority to allow this approach to be implemented. -147- April 5, 1983 The proposed ordinance was reviewed by the Fort Collins Water Board on February 18, 1983 and received unanimous approval. The proposed ordinance was also reviewed by the City Council at their February 22, 1983 work session. 16. Hearing and First Readin Portion of an Access and Ut of Ordinance No. 39, 1983, Vacating a ity and Drainage Easement of Scotch Pines This is a request to vacate a portion of an existing access, utility, and drainage easement located in Scotch Pines 9th Filing (northeast corner of Edinburgh Street and Strachan Drive). The easement is no longer required, due to redesign of the property as a PUD. Staff recommends approval of the vacation request. Owners of Property: Mitchell and Company. 17. Hearing and First Reading of Ordinance No. 40, 1983 Vacating a Portion of Cooper Place and CrosswalF. This is a request to vacate a portion of Cooper Place (off of Michael ' Lane, south of Prospect Road) and the dedicated predestrian crosswalk. The street and crosswalk requested for vacation are not necessary to serve adjacent properties. Affected property owners have agreed to this requested vacation. Staff recommends approval of the vacation request. Owners of Property Austin Kent Andrews Mary Jo Andrews Norman A. Evans Jean C. Evans 18. Resolution Authorizing the M Agreement with the Poudre a cation Services. or to Enter into an Intergovernmental ey Hospital District for Te ecommuni- Since 1980, the Poudre Valley Hospital District has been one of the agencies served by the Fort Collins Communication Center. The inclu- sion of the Hospital District's emergency services in the City's system enhances our ability to provide quality services to the public, particularly in the critical area of emergency communications. Under the terms of the intergovernmental agreement, the District is to pay the City $16,000 in quarterly installments from April 1, 1983 , through March 31, 1984. -148- April 5, 1983 19. Resolution Setting Forth the Responsibilities of the Environmental niiality Tarhniral Arivicnry rnmmi.tcu GnIIat AM This Resolution outlines the responsibilities of the EQUATAC Committee created on March 1, 1983: 1. To study air quality as it presently exists in the City of Fort Collins. Such study should include, but is not limited to, a review of existing levels and standards for pollutants such as fireplace smoke, fugitive dust and carbon monoxide. 2. To study the "Air Quality Permit Aplication" as submitted to the State of Colorado by Anheuser-Busch and determine from such study the effects of the development of Anheuser-Busch on air quality in the City of Fort Collins. It is understood that this committee's study of Anheuser-Busch "Air Quality Permit Application" will not result in the creation and recommendation of standards, but rather will concentrate on determining the impact of Anheuser-Busch on the air quality in the City of Fort Collins. 3. To report the results of their findings on the above to the Council of the City of Fort Collins. 20. Resolution Approving Rental Rates for Surplus Water for the 1983 Season. Each year after the irrigation companies have established the annual assessment rates for their water, the Water Board makes a recommen- dation to the Council on the rental rates to be charged for the City's surplus water. The Water Board and staff recommend that the following rental rates be adopted: Irrigation Company Horsetooth Water (NCWCD or CBT) North Poudre Irrigation Company Water Supply & Storage Company Pleasant Valley & Lake Canal New Mercer Ditch Company Larimer County Canal #2 Arthur Irrigation Company Proposed 1983 Rental Charge* $ 13.00/ac-ft $ 100.00/share $1500.00/share $ 70.00/share $ 180.00/share $ 120.00/share $ 8.00/share * For late season rentals, rates may be adjusted to reflect the pro- portional remaining yield of the water stock being rented (if appli- cable). -149- April 5, 1983 21. Resolution Authorizing an Office Space lease for Community Development Office. The lease for the Community Development Office at 232 N. Walnut expires on April 30th of this year. As a result, a new lease has been negotiated to extend the lease for 17 months, at a rate of $1,130 per month or $7.67 per square foot. 22. Routine Powerline Easement. The City has requested a routine powerline easement from Gerald W. and Barbara R. Jackson, located at the rear of 126 South College Avenue (location map attached). This easement is necessary to underground the existing overhead electric system in the downtown area and also to convert the voltage of the system --from 4.1 kV to 13.8 kV. The consideration paid for the easement is $1. Light and Power staff and the City Attorney's office have reviewed and approved the easement and recommend approval. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Second Reading of Ordinance No. 25, 1983, Amending Certain Sections of Chapter 118 of the Code of the City of Fort Collins, being a part of the Zoning Ordinance. Item #6. Second Reading of Ordinance No. 26, 1983, Amending a Section of Chapter 99 of the Code of the City of Fort Collins, eing a part of the Subdivision of Land Ordinance. Item V . Second Reading of Ordinance No. 27, 1983, Amending a Section of Chapter 64 of the Code of the City of Fort Collins, being a part of the Non-Owner-Occuoied Housina, Health and Safety Code. Item #8. Second Reading of Ordinance No. 28, 1983, Proposing Changes to the Landmark Ordinance In Chapter 69 of the Code and the Landmark Preservation Commission's Bylaws. 1 1 Item #9. Second Reading of Ordinance No. 29, 1983, Appropriating Unantici- pated Revenue in the Community Development Bloc Grant Fund. Item #10. Second Reading of Ordinance No. 30, 1983, Authorizing Transfer Between Capita Projects. ' -150- April 5, 1983 Item #11. A. Second Reading of Ordinance No. 33, 1983, Appropriatinc $15,000 in the Downtown Deve opment Authority Fund. B. Second Reading of Ordinance No. 34, 1983 appropriating unan- ticipated revenues totaling $36,336 $1 ,000 from the DDA and $21,336 from the State Highway Department P-L Funds for use on the Downtown Traffic and Circulation Study. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #12. Hearing and First Reading of Ordinance No. 35, 1983, Transferring $5,200 from Parkland Fund Contingency to the Washington Park Project. Item #13. Hearing and First Reading of Ordinance No. 36, 1983, Authorizing the Transfer of Appropriated Amounts from the Street Oversizing ' Fund to the Capital Projects Fund for Traffic SignaT Installa- tions. Item #14. Hearing and First Reading of Ordinance No. 37, 1983, Appropri- ating Unanticipated Revenue in the General Fund. Item #15. Hearing and First Reading of Ordinance No. 38, 1983, Amending Chapter 112 of the Code of the City of Fort Collins, by the Addition of Article VI Pertaining to the Dual Supply of Water and Sanitary Sewer Service. Item #16. Hearing and First Reading of Ordinance No. 39, 1983, Vacating a Portion of an Access and Utility and Drainage Easement of Scotch Pines 9th Filing. Item #17. Hearing and First Reading of Ordinance No. 40, 1983 Vacating a Portion of Cooper Place and Crosswalk. Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. -151- April 5, 1983 0 Ordinance Amending Chapter 112 of the Code of the City of Fort Collins, by the Addition of Article VI Pertaining to the Dual Supply of Water and Sanitary Sewer Service, Adopted on First Reading Following is the staff's memorandum on this item: "For a number of years, the City has had a continuing dispute with the South Fort Collins Sanitation District and the Fort Collins -Loveland Water District over service area boundaries and the right to serve. Recently, the City and the Districts have agreed on a mutually acceptable approach to resolve the pending dispute whereby the Districts could provide water and sewer service to certain areas within the City limits providing the Dis- tricts are willing and capable of providing such service. The purpose of this proposed ordinance is to provide the legal authority to allow this approach to be implemented. The proposed ordinance was reviewed by the Fort Collins Water Board on February 18, 1983 and received unanimous approval. The proposed ordinance I was also reviewed by the City Council at their February 22, 1983 work session." Jim Hesse, 704 Highland, asked if the Ordinance applied to other water and sewer districts besides South Fort Collins Water and Sanitation Districts. City Attorney Huisjen replied in the affirmative. Mr. Hesse stated he felt there should be an addition to the Ordinance stating the raw water requirements should be the same as the City's so that developers do not have to provide more raw water than those developing in, the city. City Attorney Huisjen stated the intent of the Ordinance was that it would apply to all districts and that there had been discussions between the City and the districts with regard to the fees, etc. The Ordinance stated the districts will provide a reasonable level of service which implies that while the rates may not be exactly the same, they will not be unreasonably burdensome and will be similar in some respects. He added that the City negotiating with water districts to have similar rates and fees may be a violation of the Sherman Anti-trust Act. He stated he felt the districts recognize if they are going to compete and provide services to customers within the city, they have an obligation to have,water dedication fees and rates that are somewhat similar. The intent of the Ordinance is for the districts to be capable of providing service in those areas at a reasonable level and if they fail, the City could come in and provide service. ' -152- April 5, 1983 Mr. Hesse felt the issue warranted more study and research on the City's part and again suggested the raw water requirement be the same for all persons within the city limits. Mayor Cassell noted there had been a unanimous vote of the Water Board recommending approval of the change. He asked if the Board had approached the raw water question. Public Works Director Roger Krempel noted staff shared the City Attorney's concern about possible violation of the Sherman Anti-trust Act and added the same conclusion might be reached through negotiation and consideration rather than adopting something that was possibly illegal. Councilmember Knezovich noted the City was entering into an era of coopera- tion with the surrounding districts and added this was a step towards that further cooperation. Councilmember Wilmarth-stated he and Councilmember Elliott had been active in the district negotiations and the raw water requirement had been dis- cussed during those negotiations. The overriding issue was the need to end ' the litigation and enter into a cooperative vein. He urged adoption of the Ordinance as a first step towards recognizing some of the realities of the growing city and reaching an equitable resolution of some of the problems with the surrounding districts. The vote on Councilmember Elliott's motion to adopt Ordinance No. 38, 1983 on First Reading was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution In Regard :To Construction Of An Interchange.On I-25 at County Road 50 (Willox Road), Adopted Following is the staff's memorandum on this item: "An interchange on I-25 at Willox Road (County Road 50) will be needed to serve the projected growth in the northeast area of Fort Collins. Par- ticularly the 1130 acre proposed industrial -commercial area surrounding the site of the proposed Anheuser-Busch plant. Appropriate steps have been taken to amend the urbanized area boundaries which will allow the con- struction of an interchange at this location. The importance of this proposed interchange to the economic development of this area in I a controlled and well managed manner requires that this -153- April 5, 1983 project be elevated in the County's current highway project priority list that is annually submitted to the State. It is the intent of the resolution to inform the County and the State that the City of Fort Collins places a high priority on the I-25 Interchange and accompanying frontage road at Willox Road and urges the placement of this project among the top three highest priorities of highway projects in Larimer County." Councilmember Clarke made a motion, seconded by Councilmember Wilmarth, to adopt the Resolution. Councilmember Horak expressed his concern that there was no accompanying information relative to technical justification that the technical infor- mation being presented by the Anheuser-Busch consultant supports the concept that the interchange be built. Robert D. Reish, Director of Transportation Planning, U.R.S. Engineers, gave a presentation on the three general areas being investigated as part of their work with Anheuser-Busch. The three areas of technical concern were: 1. alternatives analysis concept design environmental overview He noted that throughout their process they were being consistent with the requirements of the Federal Highway Administration who have the final decision on whether an interchange is: built. He added they were working closely with the policy directors of :the Colorado Department of Highways and the Larimer-Weld Regional Council of Governments. He detailed the process for reviewing the three areas of concern and stated the traffic projections had been finalized and environmental overview and alternatives analysis would be completed by the end of May. Along with the development of the evaluation and analysis data, reports will be developed for the Department of Highways. The reports should be completed and reviewed by the Department of Highways by the end of June. An amendment would need to be made to the LWRCOG Transportation Plan. A status report will be given to the Department of Highways near the end of April. If there is a posi- tive concurrence by the Department of Highways, preliminary and final engineering and right-of-way acquisition and construction would follow. He added the Federal Highway Administration in Washington, D.C. had the final decision as to whether there is a permit to construct the interchange so a report will be forwarded to them for their concurrence. -154- April 5, 1983 Councilmember Horak stated he would like to have a solid technical justifi- cation for asking the Commissioners to change their priorities. City Manager Arnold replied that staff did not have the technical data and had not analyzed the interchange from a technical standpoint. The Resolu- tion is advisory from the Council to the Commissioners suggesting the priority list for Larimer County would be bettered if the interchange were number three on the list. Councilmember Knezovich asked if Council was being asked to endorse a concept or specific technical recommendations. City Manager Arnold stated Council was not at all endorsing any specific technical recommendations. The Resolution is conceptual and asks the County to realign its priority list for this concept. Councilmember Horak suggested this item be tabled to April 12 to allow the technical information to be reviewed before making a recommendation to the County. Councilmember Horak made a motion to table the Resolution until the ad- journed meeting of April 12. THE MOTION DIED FOR LACK OF A SECOND. The vote on Councilmember Clarke's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Knezovich, Miller, and Wilmarth. Nays: Councilmember Horak. THE MOTION CARRIED. Items Relating to the Purchase of the Freeman Property at 720 Wood Street, Adopted Following is the staff's memorandum on this item: "A. Resolution Authorizing the City Manager to Enter into an agreement for the purchase of the Freeman property located at 720 Wood Street. B. Hearing and First Reading of Ordinance No. 41, 1983, Appropriating Prior Year Reserves in the Water Fund. The Freeman property has been sought by the City since the early 70's. It ' is located such that it is bounded on three sides by the Service Center. This parcel has caused problems with circulation, parking, and storage. -155- April 5, 1983 To alleviate some of these problems, the City purchased the back portion of this parcel in January 1981 for $60,000 (smaller portion than this parcel). The property has immediate use for outside storage of vehicles, needed shop space, and conversion to office space. The property has not been the sale of the property comparison to the Board of to similar purchases, we Funds are available in W, property. appraised since 1977; but with this appraisal, in 1977, the sale of the back portion in 1981, Realtors appreciation rate (6%), and comparison feel the $75,000 selling price is reasonable. iter Fund prior year reserves to purchase this Staff recommends purchase of the Freeman property for $75,000." Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt the Resolution Authorizing the City Manager to Enter into an Agree- ment for the Purchase.of the Freeman Property Located at 720 Wood Street. Councilmember Wilmarth asked what the 1977 appraisal was. General Services Director Tom Frazier replied that since the 1977 apprais- al, buildings have been added to the site. He added the appraisal for the one acre parcel was $87,000 in 1977. The property sold again in 1977 for $79,000 and in 1981 the City purchased the back half for $60,000 and in 1978 a 960 square foot building to the front half. It is estimated both parcels would now be appraised at $140,000 with the addition of the build- ing and the inflation rate. The $60,000 for the 1981 purchase and the $75,000 proposed for this purchase total $135,000 which would be reasonable for both parcels. General Services Director Frazier stated the reason for not securing an appraisal was that staff felt there was ample data on hand to offset spending $4-6,000 on a full appraisal. He estimated the value of the 960 square foot building at approximately $15,000. Councilmember Knezovich asked why the City did not purchase the property when it changed hands in 1977. Public Works Director Roger Krempel replied that the proposed purchase had been brought to the Council each time and the Council made the decision not to buy it each time. General Services Director Frazier described the circulation problems caused by the parcel and added there was a shortage of space for parking of streets and traffic vehicles. The building on the site would be used by Water and Sewer for expansion. -156- 7 April 5, 1983 The vote on Councilmember Clarke's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Horak, Knezovich, and Miller. Nays: Councilmembers Elliott and Wilmarth. THE MOTION CARRIED. Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to adopt Ordinance No. 41, 1983 on First Reading. Councilmember Wilmarth explained he had voted against the Resolution because of the lack of an appraisal, not because of the purchase itself. The vote on Councilmember Knezovich's motion to adopt Ordinance No. 41, 1983 on First Reading was as follows: Yeas: Councilmembers Cassell, Clarke, Horak, Knezovich, and Miller.' Nays: Councilmembers Elliott and Wilmarth. THE MOTION CARRIED. Citizen Participation A. Proclamation Naming April 5 as Fort Collins High School Girls Basket- s Team Day, was accepte by the members o t e Fort Collins High School Girls Basketball Team and their coaches and trainers. B. Proclamation Naming the Week of April 9-15 as Arbor Week, was accepted by a member o the Fort Co ins Gar en Club. C. Proclamation Naming April 9 & 10 as Aviation Safety Days, was read and presented. D. Proclamation Naming April 10-16 as Colorado Motorcycle Awareness Week, was accepted by Claude Carpenter, representing Colorado Motorcycle Awareness Week. E. Proclamation Naming the week of April 10-17 as Days of Remembrance of the Victims of the Holocaust, was forwarded to the appropriate persons. F. Proclamation Naming the Week of April 17-23 as Volunteer Recognition Wee was accepted y a representative o DOVIA, erectors o Vo un- teers in Agencies. G. Proclamation Naming April as Cancer Control Month, was forwarded to the appropriate persons. -157- April 5, 1983 H. Proclamation Naming April 17-13 as Keep America Beautiful Week, was forwarded to the appropriate persons. Ernie Miranda, 323 North Howes, representing the Cinco de Mayo Committee, read a statement concerning their request to change the name of the North - side Community Center to the Fort Collins Atzlan Center. He presented petitions requesting the name change containing over 200 signatures. Councilmember Horak recommended the request be referred to the Parks and Recreation Board for their recommendation and then scheduled on a future Council Agenda. Items Relating to the Fort Collins -Loveland Airport Following is the staff'.s memorandum on this item: "A. Hearing and First Reading of Ordinance No. 42, 1983, Appropriating unanticipated revenue of $234,000 and prior year reserves of $26,000. , On February 11, 1983, the FAA awarded a grant in the amount of $234,000 to the Fort Collins -Loveland Airport for the design and construction of the apron expansion and connecting taxiway. The grant is for 90% of the estimated design and construction costs and the Airport is responsible for 10%, or $26,000. Total project costs are estimated at $260,000. The Airport Ad Hoc Committee recommends that the Airport's share of $26,000 be provided from the remaining balance of funds from the $2M bond issue of 1982. The total remaining balance is $157,408.00 and was originally planned to be used for parking lot reconstruction and a new underground fuel farm. The Ad Hoc Committee has re -prioritized and delayed these projects. B. Resolution authorizing the Mayor to enter into an intergovernmental agreement with the City of Loveland to contract with Resource Consul- tants, Inc. for the final design and construction management of the apron expansion and connecting taxiway at the Fort Collins -Loveland Airport. The Airport Ad Hoc Committee, thru the City of Fort Collins' Pur- chasing Division, has requested proposals from engineering consultants to do the final design and construction management for the apron expansion and connecting taxiway. The following 10 professional firms I submitted proposals: -158- April 5, 1983 Resource Consultants (Fort Collins) Centennial Engineering (Fort Collins) M&I (Fort Collins) Kruback (Loveland) KKBNA (WheatRidge) CH2M Hill (Denver) TS&T (Fort Collins) Merrick (Fort Collins) Landmark (Loveland) GR&W (Greeley) The Review Committee was Rex Burns (Larimer County Engineer), Paul Hains (City of Loveland Engineer), Opal Dick (City of Fort Collins Purchasing Division), and Dottie Nazarenus (Airport Manager). Interviews were con- ducted with the top firms and the Airport Ad Hoc Committee at their meeting on March 29, agreed with the proposed selection of Resource Consultants. The Airport Ad Hoc Committee recommends the selection of Resource Consul- tants, Inc." Councilmember Miller made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 42, 1983 on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED Councilmember Elliott made a motion, seconded by Councilmember Miller, to adopt the Resolution authorizing the Mayor to enter into an intergovern- mental agreement with the City of Loveland to contract with Resource Consultants, Inc. for the final design and construction management of the apron expansion and connecting taxiway at the Fort Collins -Loveland Airport. City Engineer Tom Hays noted the evaluation committee had rated the pro- posals on the basis of the experience and technical background of the firms. The vote on Councilmember Elliott's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Pertaining to an Agreement Between the Downtown Development Authority and Old Town Associates. Ltd., Adopted Following is the staff's memorandum on this item: -159- 1-J April 5, 1983 "The Downtown Development Authority has entered into an Agreement with Old Town Associates, Ltd. providing for the preservation and redevel- opment of a portion of the historic old town area of Fort Collins. This Agreement provides for participation by the DDA in the proposed project which will include the Downtown Development Authority constructing a proposed Linden Street Plaza and providing parking near the project to be used by the general public. The DDA has made a presentation to the City Council concerning the proposed project and a copy of the Agreement has been received by the City and filed with the City Clerk. The Agreement and Plans are in keping with the goals and objectives of the Plan of Development adopted"by City Council in September, 1981. Thus it is recommended.that the resolution be adopted." Mayor Cassell asked the record show he did not participate in the discus- sion or vote on this item and the following item. I Councilmember Horak made a motion, seconded by Councilmember Clarke, to adopt the Resolution. Downtown Development Authority Director Bill Kingsbury spoke to the provi- sions of the agreement and stated there would be an agreement on the location of the parking lot by June 30. He noted the Resolution asked for Council's approval of the agreement in concept and did not obligate the City to any action at this time. It would allow the DDA and Old Town Associates to proceed under the general guidelines of the agreement. The agreement commits the DDA to spending $1.7 million to turn the 100 block of Linden into a plaza, certain landscaping along Mountain and the alley ways; and some traffic improvements to allow traffic to flow along Walnut from College to Mountain. It also commits the DDA to expending approximately $2.6 million in the development of a 300 car parking facility or facilities in the vicinity of Old Town. In response to the DDA commitment, Old Town Associates has commited to expend $8.1 million in the development of the buildings along the 100 block of Linden Street. The project would be completed before October of 1984. The vote on Councilmember Horak's motion to adopt the Resolution was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. (Mayor Cassell withdrawn) THE MOTION CARRIED. I -160- April 5, 1983 Items Relatinq to Old Town IDRB's Following is the staff's memorandum on this item: "A. Resolution Setting Forth the Intent of the City to Issue IDRB's for Old Town Partners I. B. Resolution Setting Forth the Intent of the City to Issue IDRB's for Old Town Partners II. The City received applications dated March 11, 1983 from Old Town Partners I and Old Town Partners II for Industrial Development Revenue Bond (IDRB) financing of the Old Town project. Each application was submitted in the amount of $10,000,000. Two applications were submitted on behalf of two separate partnerships since the total investment in the project will exceed $10 million. The applications are attached and the total Capital Budget for each is iden- tified on Exhibit B. ' Old Town Associates, which is a general partnership consisting of Mitchell & Company and Madsen Consolidated Corporation, will own from 5% to 15% of the to -be -formed limited partnership of Old Town Partners I and Old Town Partners II. The City Staff is recommending approval of the inducement resolutions based on the project's consistency with Resolution 82-25 of the Council of the City of Fort Collins adopting Industrial Development Revenue Bond policies and guidelines." Finance Director Ron Wood summarized the staff review of the two applica- tions based on the guidelines and criteria Council has adopted as policy. He stated the applications were consistent with those guidelines and recommended approval of the inducement Resolutions. He described the projects as historic renovation and rehabilitation of approximately 110,000 square feet in the Old Town area and stated the combined capital budgets for both partnerships was approximately $16.6 million. Gene Mitchell introduced Doug Madsen, senior officer of Madsen Companies, and spoke to the project in the area •of construction schedules and the parking site. He stated he hoped the location of the parking site could be resolved within the next two to three weeks since certain financial activi- ties would be delayed until that location is determined. I Councilmember Elliott made a motion, seconded by Councilmember Miller, to adopt the Resolution Setting Forth the Intent of the City to Issue IDRB's -161- April 5, 1983 ' for Old Town Partners I. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. (Mayor Cassell withdrawn) THE MOTION CARRIED. Councilmember Elliott made a motion, seconded by Councilmember Clarke, to adopt the Resolution Setting Forth the Intent of the City to Issue IDRB's for Old Town Partners II. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. (Mayor Cassell withdrawn) THE MOTION CARRIED. Resolution Setting Forth the Intent of the City to Issue IDRB's for Poudre Valley Oncology Center Associates, Adopted Following is the staff's memorandum on this item: "The City received an application for IDRB financing in the amount of $1,350,000 from Poudre Valley Oncology Center Associates to construct a community cancer center adjacent to the Poudre Valley Hospital. ' The principals in the partnership are Barry E. Cunningham, who will act as Managing Agent, Michael P. Fangman, M.D., Meng Lau Lim, M.D., and Larry A. Houskins, M.D. The staff is recommending approval of the attached inducement resolution based on the project's consistency with resolution 82-25 adopting IDRB Policies and Guidelines." Councilmember Horak made a motion, seconded by Councilmember Knezovich, to adopt the Resolution. David Osborn, appearing on behalf of the applicant, introduced the princi- pals in the partnership, and stated the application was for a Community Cancer Center adjacent to Poudre Valley Hospital. Dr. Michael Fangman spoke to the medical services to be made available and passed out a letter from F.W. Michaels and John Cronin, M.D. in support of the project. The vote on Councilmember Horak's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. , -162- April 5, 1983 City Manager's Report City Manager Arnold called Council's attention to his letter to the Secre- tary of the Department of Transportation concerning hazardous materials. He pointed out a letter from Governor Lamm extending his congratulations on the City of Fort Collins being designated "Tree City U.S.A." by the National Arbor Day Foundation. He also pointed out a report from Finance Director Ron Wood on sales and use tax trends in March. Councilmembers' Reports 1. Councilmember Horak reported the COG had been attempting to secure a grant dealing with obtaining regional economic information for Larimer and Weld counties. The grant will provide socio-economic data and information for businesses in the community and businesses who might want to locate in the area. Councilmember Miller expressed his pleasure in serving the City as a Councilmember and thanked staff and fellow Councilmembers for their support during his tenure. Councilmember Clarke reported on his and read several of the second -grade of "Mayor". speaking engagement at Tavelli school students' comments on their definition Ordinance Vacating a Portion of an Access and Utility and Drainage Easement of Scotch Pines 9th Filing, Adopted on First Reading Following is the staff's memorandum on this item: "This is a request to vacate a portion of an existing access, utility, and drainage easement located in Scotch Pines 9th Filing (northeast corner of Edinburgh Street and Strachan Drive). The easement is no longer required, due to redesign of the property as a PUD. Staff recommends approval of the vacation request. Owners of Property: Mitchell and Company." -163- April 5, 1983 Mayor Cassell asked the record to show he did not participate in the discussion or vote on this item. Councilmember Horak made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 39, 1983 on First Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. (Mayor Cassell withdrawn) THE MOTION CARRIED. Resolution Setting Forth the Responsibilities of the Environmental Quality Technical Advisory Committee=(EQUATAC), Adopted Following is the staff's memorandum on this item: "On February 8, staff recommended to Council that an Environmental Quality Technical Advisory Committee (EQUATAC) be established in the City of Fort Collins to help the staff and City Council analyze various environmental ' issues that presently exist or could face the community in the future. It was suggested that rather than having a permanent standing committee with the charge of looking at a broad range of environmental issues, that separate select committees be appointed by the Council to address issues as they arise. Under this scenario, an air quality EQUATAC would look at the existing state and federal air quality standards and determine if these standards are adequate to maintain and preserve the existing air quality in Fort Collins. This committee was created and the appointments made on March 1. The charge to EQUATAC would be to analyze a particular environmental concern facing the community and bring forth a recommendation to City Council as to how the community should address this concern. At the present time the issue facing the community is preservation of our air quality. Additionally, EQUATAC would analyze State and federal air quality standards and determine if these standards are adequate to preserve Fort Collins' air quality. In looking at the standards, a review of how the standards are applied to the Anheuser-Busch proposal would be pursued. The air quality EQUATAC will make recommendations to City Council as to whether the City should adopt air quality standards more stringent than those presently adopted by the State of Colorado and the federal government. The air quality EQUATAC would also make specific recommendations on how the City should handle the Anheuser-Busch air quality permit at the local, State, and federal levels." I -164- IApril 5, 1983 Councilmember Horak made a motion, seconded by Councilmember Elliott, to adopt the Resolution. Councilmember Horak expressed concern that the charge to the Committee be. greater than air quality. He stated he wanted the Committee to determine what the air quality would be with and without Anheuser-Busch, not just whether A-B will meet air quality regulations. City Manager Arnold replied the intent of the Resolution was to do as Councilmember Horak indicated. He stated staff would expand that direction as they talk with the Committee. He added the Committee was intended to potentially be broader than just air quality if sometime in the future something other than air quality needed study. The vote on Councilmember Horak's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. ' Resolution Authorizing an Office Space Lease for Community Development Office, Adopted Following is the staff's memorandum on this item: "The lease for the Community Development Office at 232 N. Walnut expires on April 30th of this year. As a result, a new lease has been negotiated to extend the lease for 17 months, at a rate of $1,130 per month or $7.67 per square foot. The office is well located for our needs and easily accessible by citizens. It continues to place the Community Development Office into an area that has been the recipient of federal grant money and perpetuates our support of the redevelopment effort that is taking place downtown. Federal funds from the Community Development Block Grant program have been budgeted for this purpose and would be used to pay the rent. Staff recommends approval of this Resolution." Councilmember. Horak made a motion, seconded by Councilmember Clarke, to adopt the Resolution. Councilmember Wilmarth asked for a report on how much office space the City ' leases in various areas of the city so Council may begin to develop a -165- April 5, 1983 ' scenario in terms of what the City needs -- what renovation of existing facilities is needed and what additions might need to be made. He asked if staff had considered any other space at perhaps a lesser rent. Director of Planning and Development Curt Smith replied Tom Frazier had negotiated the lease after looking around the downtown area for comparable space. Staff felt the price was competitive since the City already occu- pies the space. The vote on Councilmember Horak' s motion to adopt the Resolution was as follows: Yeas: Council members Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Other business Pineridge Exemption Director of Planning and Development Curt Smith stated the recent actions of the Planning and Zoning Board with regard to Joe Roesser's proposal to , trade approximately 20 acres of his property on the east side of the ridge - line abutting the Pineridge Open Space for approximately 20 acres of City - owned property on the west side of the ridgeline, had jeopardized that pro- posal. He noted the Planning and Zoning Board had reviewed Mr. Roesser's exemption request to change the lot configuration so that development could occur only on the west side of the ridge and had recommended approval to the County with the condition no housing built on the west side of the ridge would be visible above the ridgeline, not the treeline. That condi- tion was not acceptable to Mr. Roesser who has indicted he was not inter- ested in pursuing the trade and would begin development on the east side of the ridge. He suggested the City's position and recommendation from the Planning and Zoning Board be changed to indicate to the County that the City would recommend approval of the exemption request with the condition that no portion of any structure be visible above the treeline. Councilmember Clarke made a motion, seconded by Councilmember Miller, to recommend to the County approval of the exemption request with the follow- ing conditions: 1. No portion of any structure should project above the treeline as visible from Overland Trail. 2. A 30-foot landscape easement will be provided from the ridgeline west within which none of the existing trees can be removed during, or subsequent to, any construction on the remainder of the I property. -166- April 5, 1983 3. Building materials must be of natural materials. 4. A public access easement will be provided from Centennial Drive to the Pineridge Open Space Area. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Director of Planning and Development Smith indicated those same conditions would be applied to development on the 20 acres the City would trade to Mr. Roesser with the stipulation the City have an access easement through that property to the Pineridge Open Space. Councilmember Clarke made a motion, seconded by Councilmember Knezovich, to adjourn into Executive Session to discuss legal matters. Councilmember Wilmarth indicated he would not attend the Executive Session due to the nature of the matter to be discussed. The vote on Councilmember Clarke's motion to adjourn into Executive Session was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Miller. Nays: Councilmember Wilmarth. THE MOTION CARRIED. Adjournment At the conclusion of the Executive :Session Councilmember Horak made a motion, seconded by Councilmember Clarke, to adjourn the meeting. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Miller. Nays: None. THE MOTION CARRIED. The meeting adjourned at 10:15 p.m. ATTEST: , 14QLk--L City Clerk _t - ` Ma or -167-