Loading...
HomeMy WebLinkAboutMINUTES-04/18/2000-RegularApril 18, 2000 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, April 18, 2000, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Staff Members Present: Fischbach, Krajicek, Roy. Agenda Review City Manager Fischbach noted that item #15 First Reading of Ordinance No. 38, 2000, Appropriating Unanticipated Revenue and Prior Year Reserves in the General Fund to Remodel Existing Space and Purchase Equipment for a Cable TV Studio has been withdrawn from the agenda, item #17 First Reading of Ordinance No. 40, 2000, Authorizing Acquisition by Eminent Domain Proceedings of Certain Easements Necessary for the Locust Street Outfall Storm Drainage Improvements have been withdrawn from the Consent Calendar and will be discussed separately, and item #18 First Reading of Ordinance No. 41, 2000, Authorizing the City of Fort Collins to Enter into an Option Agreement to Sell Forty Acres of the Meadow Springs Ranch Property to the United States Fish and Wildlife Service for its Black Footed Ferret Breeding Facility is being deferred indefinitely. CONSENT CALENDAR Second Reading of Ordinance No. 30, 2000, Appropriating Unanticipated Revenue in the Storm Drainage Fund and Authorizing the Transfer of Existing Appropriations in the Storm Drain eg Fund. In 1998, the City received $150,000 of funds from FEMA to institute a Floodproofing Program. The purpose of the Program is to mitigate repetitive losses from shallow flooding. The Program utilizes grants to encourage construction of cost-effective floodproofing measures. Through the Unmet Needs Floodproofing Grant, the City will continue the Program in 2000. Ordinance No. 30, 2000 was unanimously adopted on First Reading on April 4, 2000. 9M April 18, 2000 8. Second Reading of Ordinance No. 31, 2000 Designating the Fort Collins National Guard Armory. 314 East Mountain Avenue, Fort Collins. Colorado as a Historic Landmark Pursuant to Chanter 14 of the Code of the City of Fort Collins. The owner of the property, Terry Hamilton, is initiating this request for Local Landmark designation for the Fort Collins National Guard Armory. The building is significant for its architectural importance to Fort Collins, as a good example of vernacular masonry civic architecture and as an example of the work of noted Fort Collins architect Arthur M. Garbutt. The building also has historical significance to the City, as the oldest, and only remaining National Guard Armory in Fort Collins. Ordinance No. 31, 2000, was unanimously adopted on First Reading on April 4, 2000. 9. Second Reading of Ordinance No. 32, 2000, Authorizing the Purchasing Agent to Enter into an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment Ordinance No. 32, 2000, which was unanimously adopted on First Reading on April 4, 2000, authorizes the Purchasing Agent to enter into a lease -purchase financing agreement with Safeco Credit Company at 5.85 percent interest rate. The agreement shall be for an original term from the execution date of the agreements to the end of the current fiscal year. The agreement shall provide for renewable one-year terms thereafter, to a total term of seven (7) years, subject to annual appropriation of funds needed for lease payments. The total lease terms, including the original and all renewal terms, will not exceed the useful life of the property. 10. Second Reading of Ordinance No. 33, 2000, Amending the Zoning Man of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Interstate Lands Rezoning. On April 4, 2000, Council unanimously adopted Resolution 2000-52 Amending the City Structure Plan Map. The parcels affecting the Structure Plan Amendments and Rezone request are known as the Interstate Lands project. On April 4, 2000, Council also unanimously adopted Ordinance No. 33, 2000, changing the zoning classification for the property known as Interstate Lands Rezoning. 11. Second Reading of Ordinance No. 34, 2000, Amending the Zoning Man of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Country Club Comers Rezoning. This is a recommendation to change the zoning designation of 19 parcels totaling approximately 23 acres located at the southeast corner of Willox Lane and North College Avenue. Collectively, the parcels are known as the Country Club Corners shopping center. Ordinance No. 34, 2000, which was unanimously adopted on First Reading on April 4, 2000 269 April 18, 2000 amends the zoning map for that property known as Country Club Corners Rezoning from the NC, Neighborhood Commercial zone district to the CN, Commercial -North College zone district. 12. Second Reading of Ordinance No. 35, 2000, Amending the Zoning Man of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Willow Springs Fifth Filing Rezoning, In March of 1997, the parcel now platted as Willow Springs Fifth Filing was part of the larger First Filing that was an approved single family detached P.U.D. As such, in conjunction with the city-wide rezoning to implement City Plan, these 1.39 acres were rezoned to R-L. This was inadvertent. Since the parcel was vacant (Tract C) and the historic farmhouse (Tract D) was unoccupied, the parcel has development and re -development potential and should have be rezoned to L-M-N. Ordinance No. 35, 2000, which was unanimously adopted on First Reading on April 4, 2000 corrects the rezoning to L-M-N. 13. Second Reading of Ordinance No. 36, 2000, Vacating Portions of the Right -of -Way for Roma Valley Drive, Dedicated on the Miramont Valley P.U.D. Ordinance No. 36, 2000 was unanimously adopted on First Reading on April 4, 2000, and vacates a portion of cul-de-sac right-of-way for Roma Valley Drive in order to eliminate the dedicated cul-de-sac at the present terminus ofRoma Valley Drive and connect Roma Valley Drive to Mail Creek Lane. 14. Second Reading of Ordinance No. 37, 2000, Amending Article 2.8.2(h)(2) of the Land Use Code With Regard to Modifications of Standards. This Ordinance clarifies that, when a modification of standards is requested under the Land Use Code, and the justification is based upon a substantial benefit that the development will provide to the City, the mere fact that the project will constitute an affordable housing project within the meaning of the Code should not necessarily justify the granting of the modification of standard. Ordinance No. 37, 2000, was unanimously adopted as amended on First Reading on April 4, 2000. 15. First Reading of Ordinance No. 38, 2000, Appropriating Unanticipated Revenue and Prior Year Reserves in the General Fund to Remodel Existing Space and Purchase Equipment for a Cable TV Studio. Channel 27 provides the community with local government access programming for both City and County governments. If approved, these funds will be added to existing appropriations to help complete the project. Completion of the studio facility will result in expanded capacity, more appropriate sets, multiple media formats, and dedicated space P401 April 18, 2000 which will aid in the City's efforts to inform citizens, employees and Channel 27 viewers about issues of concern and interest. Currently, the City must use either the Council Information Center (CIC) or the Council Chambers to cablecast meetings, forums and events. These rooms also must be used to videotape events, interviews, and other programming for tape delayed cablecasts. These rooms are poorly suited for these uses due to inadequate lighting, lack of controlled settings or background choices, and lengthy set-up and tear -down processes. 16. First Reading of Ordinance No. 39, 2000 Appropriating Unanticipated Revenue in the General Fund for the Police Services Crimes Against Persons and Victim Services Units Fort Collins Police Services' Crimes Against Persons/Victim Services Units have been awarded a one-year Violence Against Women Act (VAWA) grant to help fund training opportunities for Police Services Detectives and Victim Advocates. The grant period is from April 1, 2000 through March 31, 2001. This federal grant is awarded to agencies to assist in the enhancement of services to women who are victims of crime. A total of $4,500 has been awarded to Fort Collins Police Services. Detectives will be able to attend training on areas such as homicide, domestic violence and sexual assault which will strengthening investigative skills of the Crimes Against Persons Unit. Victim Advocates will attend training that will strengthen skills in advocacy, crisis intervention, and provide specialized training in trauma specific to crimes such as homicide, domestic violence and sexual assault. 17. First Reading of Ordinance No. 40, 2000, Authorizing Acquisition by Eminent Domain Proceedings of Certain Easements Necessary for the Locust Street Outfall Storm Drainage Improvements. The construction of the Locust Street Outfall project is currently scheduled for the summer and fall of 2000. The proposed capital improvements include the construction of approximately 4000 feet of 108 inch pipe, 540 feet of 12'x 6' box culvert and 1700 feet of 72 inch pipe. Additional inlets, necessary curb and gutter replacement, and asphalt replacement will also be done throughout the project route. In conjunction with the storm sewer project, the area's two major sanitary trunk lines will also be replaced with a 27-inch sanitary sewer, roughly following the route of the proposed storm sewer. Construction of the proposed improvements will require the acquisition of a permanent utility easement and a temporary construction easement from two properties. Staff has initiated the easement acquisition process --discussing the project with the property owners, obtaining appraisals, preparing offers and negotiating for the required easements. Staff will continue good faith negotiations; however, to ensure that the City can secure all of the 271 April 18, 2000 easements in time to begin construction of the project, it is necessary to initiate the first step of the eminent domain process, passage of this Ordinance authorizing acquisition by eminent domain. 18. First Reading of Ordinance No. 41, 2000, Authorizing the City of Fort Collins to Enter into an Option Agreement to Sell Forty Acres of the Meadow Springs Ranch Property to the United States Fish and Wildlife Service for its Black Footed Ferret Breedina Facility. In the spring of 1998, the City was approached by the United States Fish and Wildlife Service about possibly relocating the Black Footed Ferret Breeding facility from Wyoming to Colorado and siting it on the City's Meadow Springs Ranch. In July of 1998, Council adopted Resolution 98-112 supporting this move and authorizing staff to proceed with negotiations for not more than thirty-five acres. After further site review, the Department of Interior has now asked for an option to purchase forty acres. The Fish and Wildlife Service has chosen a forty -acre site on the east side of I-25 one mile north of the Buckeye exit. The Service has offered to pay the City $1 for a four -month option to purchase the site as set forth in the attached "Agreement for the Purchase of Lands" between the City and the Service. In the event that the option is exercised, the City will receive the appraised value of $32,000 for the forty -acre tract including easements for utilities, phone and an access road. 19. First Reading of Ordinance No. 42, 2000, Authorizing the Conveyance of a Conservation Easement on the "Sauer" Open Land Property to Larimer County. On March 21, 2000 Council adopted Resolution 2000-50 which authorized an intergovernmental agreement with Larimer County and the City of Loveland regarding the purchase and management of 785 acres of land (the "Sauer" property) in the Fort Collins — Loveland Corridor. The intergovernmental agreement states that Loveland and Fort Collins will jointly own the property and that a conservation easement will be conveyed to Larimer County. The conveyance of a conservation easement to a third party (in this case Larimer County) is a requirement of the grant from GO Colorado which will be used, in part, to fund the acquisition. This Ordinance authorizes the easement to be conveyed to Larimer County when the property is acquired from the seller, currently scheduled for May 15, 2000. 20. Resolution 2000-58 Finding Substantial Compliance and Initiating Annexation Proceedings for the Kendall -Harmony Annexation. This is a request for a 100% voluntary annexation. The property being considered for annexation is approximately 2.00 acres in size and is located south of East Harmony Road and east of Cambridge Avenue. The existing uses of the properties are agricultural in 272 April 18, 2000 Larimer County. The proposed zoning for this annexation is Harmony Corridor District (HC). The proposed Resolution states that it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on June 6, 2000. Not less than thirty days prior published notice is required by State law. 21. Resolution 2000-59 Making Appointments to Various Boards and Commissions. A vacancy currently exists on the Affordable Housing Board due to the removal of Chris Shearer because of the location of his residence. Councilmembers Bertschy and Wanner reviewed the applications on file and are recommending Richard Clark to fill the vacancy with a term to begin immediately and set to expire on June 30, 2003. A vacancy currently exists on the Commission of Status of Women due to the resignation of Susan Crowe. Applications were solicited and Councilmembers Weitkunat and Kastein conducted interviews. The Council interview team is recommending Sharon Bringleson to fill the vacancy with a term to begin immediately and set to expire on June 30, 2001. Three vacancies also exist on the Community Development Block Grant Commission due to the resignations of David Gordon and Tim Ostic. Applications were solicited and Councilmembers Bertschy and Wanner conducted interviews. The Council interview team is recommending Dennis Vanderheiden and Terri Bryant to fill the vacancies with terms to begin immediately and set to expire on June 30, 2001 and June 30, 2003 respectively. Two vacancies currently exist on the Human Relations Commission due to the resignation of Viviane Abt and the removal of Rhonda Richardson due to attendance and residency concerns. Applications were solicited and Councilmembers Bertschy and Byrne conducted interviews. The Council interview team is recommending Steve Ross and Debbie Love to fill the vacancies with terms to begin immediately and set to expire on June 30, 2002 and June 30, 2004 respectively. A vacancy also exists on the Library Board due to the resignation of Kris Folsom. Mayor Martinez reviewed the applications on file and is recommending Lisa Helme to fill the vacancy with a term to begin immediately and set to expire on June 30, 2003. Two vacancies currently exist on the Retirement Committee due to the resignations of Kevin Westhuis and Jim Hume. Applications were solicited and Councilmembers Martinez and Byrne conducted interviews. The Council interview team is recommending Bill Switzer to fill one vacancy with a term to begin immediately and set forth to expire on June 30, 2004 273 April 18, 2000 and Michelle Hays -Johnson with a term to begin June 1, 2000 and set forth to expires on June 30, 2003. 22. Resolution 2000-60 Making Findings of Fact and Conclusions Regarding the Anneal of a Decision of the Planning and Zoning Board Relating to the South Glen PUD Second Filing (Major Amendment). On December 30, 1999, a Notice of Appeal of the December 16, 1999 decision of the Planning and Zoning Board to deny the Major Amendment to the South Glen PUD, Second Filing — Final, consisting of a request to eliminate the existing swimming pool and bath house facility at the east end of the 40 dwelling unit multi -family residential development, was filed by the Appellant Southglen Partnership, LLC. On April 4, 2000, City Council voted to overturn the decision of the Planning and Zoning Board. In order to complete the record regarding this appeal, the Council should adopt a Resolution making findings of fact and finalizing its decision on the appeal. 23. Resolution 2000-61 Nominating Ron Phillips as a Candidate to the Executive Board of the Colorado Municipal League. This Resolution formally nominates Ron Phillips as a candidate to the Colorado Municipal League Executive Board. Ron is in line to be the next President of the Colorado Municipal League Board, so his re-election is important. Ordinances on Second Reading were read by title by City Clerk Wanda Krajicek. Second Reading of Ordinance No. 30, 2000, Appropriating Unanticipated Revenue in the Storm Drainage Fund and Authorizing the Transfer of Existing_ Appropriations in the Storm DrainageFund. 8. Second Reading of Ordinance No. 31, 2000 Designating the Fort Collins National Guard Armory. 314 East Mountain Avenue, Fort Collins, Colorado, as a Historic Landmark Pursuant to Chanter 14 of the Code of the City of Fort Collins. 9. Second Reading of Ordinance No. 32, 2000, Authorizing the Purchasing Agent to Enter into an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment. 10. Second Reading of Ordinance No. 33, 2000, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Interstate Lands Rezoning. 274 April 18, 2000 11. Second Reading of Ordinance No. 34.2000 . Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Country Club Corners Rezoning: 12. Second Reading of Ordinance No. 35, 2000, Amending the Zoning Man of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Willow Springs Fifth Filing Rezoning. 13. Second Reading of Ordinance No. 36, 2000, Vacating Portions of the Right -of -Way for Roma Valley Drive. Dedicated on the Miramont Valley P.U.D. 14. Second Reading of Ordinance No. 37, 2000, Amending Article 2.8.2(h)(2) of the Land Use Code With Regard to Modifications of Standards. Ordinances on First Reading were read by title by City Clerk Wanda Krajicek. 16. First Reading of Ordinance No. 39, 2000 Appropriating Unanticipated Revenue in the General Fund for the Police Services Crimes Against Persons and Victim Services Units 17. First Reading of Ordinance No. 40, 2000, Authorizing Acquisition by Eminent Domain Proceedings of Certain Easements Necessary for the Locust Street Outfall Storm Drainage !Mrovements. 19. First Reading of Ordinance No. 42, 2000, Authorizing the Conveyance of a Conservation Easement on the "Sauer" Open Land Property to Larimer County. Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED Councilmember Reports Councilmember Wanner reported on Growth Management Committee discussions regarding floodplain regulations and projects located in the downtown corridor, the new design guidelines manual, the I-25 Regional Corridor Plan and Land Use Code amendments. 275 April 18, 2000 Consideration of an Appeal Filed by Bob Campbell for Andover Fossil Creek, L.L.C., Appealing the Building Review Board's Decision of February 24, 2000, Denying a Variance Request from the Provisions of the City Contractor License Regulations Relating to the Licensine of Certain Contractors. Decision of the Building Review Board Upheld The following is staffs memorandum on this item. "Executive Summary On February 24, 2000, the Building Review Board (BRB) denied the appellant, Andover Fossil Creek, L.L.C., a variance from the provisions in Chapter 15 of the City Code that require a contractor license to perform building construction in the City. The appellant sought a waiver to allow using a single licensed structural framing contractor to oversee numerous non -licensed framing subcontractors that would build the structural frame and sheathing for all the buildings in the appellant's proposed multiple -dwelling -unit project. The BRB is authorized to approve variances in specific cases where strict application of the contractor license regulations would result in 'peculiar or exceptional practical difficulties to or exceptional or undue hardship upon the person or applicant regulated ... " The BRB unanimously denied the request, finding that the appellant did not demonstrate such exceptional difficulties or a hardship. The appellant subsequently filed a Notice of Appeal to City Council alleging the Board failed to conduct a fair hearing in that it considered evidence relevant to its findings which was substantially false or grossly misleading. BACKGROUND: BASIS OF THE APPEAL Following the Building Review Board's denial of the appellant's variance request on February 24, 2000, an insufficient Notice of Appeal from the appellant was received on March 8, 2000, by the City Clerk simply requesting an appeal of the BRB's decision denying the requested variance to allow using non -licensed framing contractors to construct the appellant's proposed project. On March 28, 2000, the City Clerk received an amended Notice of Appeal from the appellant alleging, "The Building Review Board considered substantially false or grossly misleading evidence. " This Appeal to City Council is based on Sections 2-48 (2)(c) of the City Code as follows: "Except for appeals by members of the City Council, for which no grounds need be stated, the permissible grounds for appeal shall be limited to allegations that the board or commission committed one or more of the following errors: (2) Failure to conduct a fair hearing in that: 276 April 18, 2000 (c) The board or commission considered evidence relevant to its findings which was substantially false or grossly misleading ... " ALLEGATIONS AND RESPONSES The appellant's allegations are briefly summarized below in bold font followed by a staff response Two framing contractors testified at the BRB hearing that licensed local framing contractors could successfully undertake a project of the same scale as the appellant's. The appellant states in his Notice of Appeal to City Council that after the BRB hearing the appellant's general contractor solicited qualification statements and bids from more than 100 Fort Collins licensed framing contractors on the appellant's project. The appellant states that to date, perhaps only two framing contractors with a Fort Collins license have the "ability to undertake a job ofthis size or complexity': The appellant further alleges that one of those two contractors with a crew of 50 workers "has had trouble trying to comply with the City Ordinance" on a currentproject, and as a result is supplementing his workforce with workers from another licensed framing contractor. In response to the Appellant's allegations, staffnotes the Board's findings that no hardship has been demonstrated and that the appellant has other options available to retain the desired subcontracting team, including licensing the individual subcontractors affected, or by directly hiring the appellant's selected subcontractors as individual employees of the licensed contractor already chosen by the appellant. Staff believes that the appellant has not demonstrated that any evidence presented in the BRB hearing "was substantially false or grossly misleading ... ". The witnesses in opposition to the appellant's variance request cited by the appellant merely pointed out their opinions to the Board that with the combined resources of other licensed framing contractors, there is an adequate qualified licensed labor supply to construct the appellant's project. By any reasonableness standard, a disagreement between the appellant and opposing parties over the questions of qualified labor availability does not rise to the level of the BRB receiving substantially false or rg osslX misleading evidence. BRB VARIANCE REQUEST SUMMARY The appellant, Andover Fossil Creek, L.L.C., represented by Bob Campbell, one of the project owners, recently received development approval for a 224 unit multi family project known as the Huntington Hills Apartments. On February 24, 2000, the appellant appeared before the BRB requesting a variance from City contractor licensing regulations to allow using non -licensed framing contractors under a single licensed framing contractor for this project. In his variance application, the appellant cites the followingfactors that precipitated the variance request: 277 April 18, 2000 1. The large scale of the project; 2. The specialized nature of the construction process that requires a "large-scale experienced framing contractor"; and, 3. Licensing all framing crews will create a production "hardship" that will effect "scheduling" and project "momentum". As an alternative to licensing all framing contractors, the appellant proposes to retain the consultant, Terracon Engineering, to perform independent inspections in addition to standard City inspections for extra quality assurance. The appellant used the same consultant during construction of the previous Fort Collins project, the Argyle at Willow Springs two years ago. Hearing proceedings may be reviewed in an increasing level of detail by referring to the following attachments respectively: Hearing Summary, BRB Case 1-00, February 24, 2000 Minutes, BRB Hearing, Case 1-00, February 24, 2000 Transcript of the BRB Hearing, Case 1-00, February 24, 2000 BRB AUTHORITY The BRB is empowered to grant variances from the Code, prescribed under Sec. 15-153 as follows: "The Building Review Board is authorized, upon appeal in specific cases, to grant variances from the terms of this Article, where the strict application of any provision of this Article would result in peculiar or exceptional practical difficulties to or exceptional or undue hardship upon the person or applicant regulated, and provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of this Article. " BRB FINDINGS AND DECISION All six Board members present voted to pass a motion stating that an appropriate hardship had not been demonstrated and that the appellant has other options available to retain the desired subcontracting team, including licensing the individual subcontractors affected, or by directly hiring the appellant's selected subcontractors as individual employees of the licensed contractor already chosen by the appellant. " City Attorney Roy explained the appeal process and the options available to the Council. Mayor Martinez established time limits for each portion of the appeal hearing. City Manager Fischbach introduced the staff presentation. W-1 April 18, 2000 Felix Lee, Chief Building Official, presented background information regarding the appeal and outlined the reasons for the Board's denial of the variance. He noted the availability of a brief visual presentation regarding the City's contractor licensing regulations. Bob Campbell, owner and developer, Andover Fossil Creek L.L.C., stated that the appeal is based on misleading evidence considered by the Board and spoke regarding the testimony in the transcript relating to the ability of other multifamily projects under construction to comply with the licensing requirements. He stated that the project is approximately 224 units, one -quarter million square feet, and the construction would be a production type method. He stated that the other multifamily projects mentioned in the transcript are not comparable to his project and that the testimony presented at the Board meeting regarding these projects was therefore misleading. He stated that there was testimony that there are ample framing contractors available in Fort Collins, and explained his difficulties in locating framing contractors capable of performing the project. He explained the nature of the project, the basis of the hardship, and his firm's construction, building and phasing techniques. He spoke regarding the framing contractor he would like to use for the project. He stated that quality and safety concerns regarding unsupervised construction do not apply to his project and that he employs a third party inspector to ensure quality and safety. He spoke regarding his limited options and requested an opportunity to present his case again to the Building Review Board. Felix Lee, Chief Building Official, stated that there are other comparable large projects that have been done with licensed framing crews. He stated that supervised employees are not required to obtain an individual license. He spoke regarding the intent of the ordinance. Mr. Campbell questioned whether there are comparable large projects that have been completed with licensed framing crews. He stated that asking him to do something besides production framing is a hardship. Rick Garhart, owner of Bear Construction and Design Inc., stated that his company employs 25 licensed framers. He questioned the practices and quality standards of Mr. Campbell's framing contractor and stated that this is not a specialized project. He stated that Mr. Campbell should not be allowed to skirt the ordinance and that there are many qualified contractors in Fort Collins. Chris O'Brien, president of Front Range Framing Contractors, Inc., stated that his company employs 18 licensed framers and that there are projects comparable to Mr. Campbell's project which used licensed framing crews. He questioned the quality ofwork ofprojects completed by Mr. Campbell's contractor and challenged the quality of work done by pieceworkers. He spoke regarding the employment methods followed by such contractors. He stated that Mr. Campbell does have other options. Mr. Campbell refuted the statements made by Mr. O'Brien regarding working conditions on his projects. He spoke regarding the quality of work of his project. He stated that the projects 279 April 18, 2000 mentioned by Mr. O'Brien are not comparable to his project and that his production type work on the project would require a minimum of 100 framers. Mr. O'Brien stated that there are no companies in Fort Collins that have 100 framing contractors and noted that the company Mr. Campbell wants to use is from Texas and does not treat workers as true employees with Social Security, workers compensation, overtime pay and other similar benefits. He stated that this is an ethical question regarding workers' rights. Councilmember Weitkunat requested an overview of the contractor licensing requirements. Lee explained the purposes of the ordinance and framing license requirements and procedures. Councilmember Weitkunat asked about licensing procedures for framers. Lee spoke regarding licensing and examination procedures and noted that employees would not be required to be licensed to do framing. Councilmember Kastein asked how Mr. Campbell's project is different from other multifamily projects. Mr. Campbell stated that the project is different because he has not successfully completed the framing under the requirements of the ordinance. Councilmember Kastein asked what the hardship would be in using more than one framing contractor. Mr. Campbell spoke regarding his production methods. He stated that he does have a licensed framing supervisor onsite and that the difficulty would be in having each subcontracting crew obtain City licenses as independent contractors. Mayor Martinez asked about the licensing of subcontractors. Lee stated that licenses are required if the contractors are not employees. Councilmember Bertschy asked about the process to license many subcontractors. Lee spoke about the licensing requirements. Mayor Martinez asked about the requirement that an applicant for a license must have experience. Lee spoke regarding the rationale for the requirement for experience. Councilmember Wanner asked if experience must be gained in Fort Collins. Lee stated that the contractor can obtain experience anywhere, including working as an employee. Councilmember Byrne made a motion, seconded by Councilmember Kastein, to uphold the decision of the Building Review Board. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED W-Ul April 18, 2000 Councilmember Byrne made a motion, seconded by Councilmember Mason, to find that the Building Review Board conducted a fair hearing. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED Ordinance No. 40, 2000 Authorizing Acquisition by Eminent Domain Proceedings of Certain Easements Necessary for the Locust Street Outfall Storm Drainage Improvements. Adopted on First Reading The following is staffs memorandum on this item. "Financial Impact The City is seeking to acquire easements from two properties to construct the Old Town Master Drainage Plan capital project. Property appraisals have been completed and sufficient funds have been appropriated and budgeted. Executive Summary The construction of the Locust Street Outfall project is currently scheduled for the summer and fall of 2000. The proposed capital improvements include the construction of approximately 4000 feet of 108 inch pipe, 540 feet of 12'x 6' box culvert and 1700 feet of 72 inch pipe. Additional inlets, necessary curb and gutter replacement, and asphalt replacement will also be done throughout the project route. In conjunction with the storm sewer project, the area's two major sanitary trunk lines will also be replaced with a 27-inch sanitary sewer, roughly following the route of the proposed storm sewer. Construction of the proposed improvements will require the acquisition of a permanent utility easement and a temporary construction easement from two properties. Staff has initiated the easement acquisition process —discussing the project with the property owners, obtaining appraisals, preparing offers and negotiating for the required easements. Staff will continue good faith negotiations; however, to ensure that the City can secure all of the easements in time to begin construction of the project, it is necessary to initiate the first step of the eminent domain process, passage of this Ordinance authorizing acquisition by eminent domain. Staff has described the contents of the subject ordinance to the affected property owners and informed them that City Council is being asked to approve the ordinance at this City Council meeting. M11 April18, 2000 BACKGROUND: On January 7, 1993, Council adopted the Old Town Basin Master Drainage Plan. One of the projects proposed was the Locust Street Outfall. This project will provide major drainage improvements for the southeastern area ofthe Old Town Basin. Given the 'pay as you go "funding process in place at that time, the Locust Street Outfall wasn't scheduled for construction until approximately 2004. The food on July 28, 1997 caused considerable damage to private property within the Locust Street Outfall area. In October 1998, Council approved a stormwater ftnancingplan, allowing the Utility to sell bonds to fund drainage projects, and accelerate construction schedules. This allowed the Locust Street Outf dl schedule to be moved forward for construction in 2000. The adoption of the new 100 year rainfall criteria in March 1999 also affected the project. The original concept in the Master Plan proposed lowering streets to provide a positive ou f ill to the river. The new design criteria increased peak storm flows and made this solution impractical. An "all pipe" alternative was chosen as the preferred alternative. One advantage to this alternative is that it significantly decreases the impact of the project on the two affected properties. The project is currently in the final design phase. With the exception of needing to acquire easements from two property owners, the proposed improvements can be constructed within the existing street right-of-way. Staff has begun the easement acquisition process, reviewing the proposed improvements with the affected property owners, and obtaining appraisals for the easements. Offers based on the appraised value ofthe property have been presented to theproperty owners. Although staff is continuing to negotiate with the affected property owners, it is possible that one or both ofthe easements will have to be acquired by eminent domain. Based on the anticipated start date for construction and the amount of time required for eminent domain proceedings, it is necessary to take the first step in the eminent domain process. Staff has advised the affected property owners that it is not unusual for the City to authorize the use of eminent domain at the same time as negotiations are taking place. The two property owners have been assured that it is the City's intention to continue good faith negotiations for the easements. At this time, easements must be acquired from the following property owners: Barbara M. Solfermoser Family Trust 1000 E. Laurel Springer -Fisher, Inc. West ofLemay/North of Riverside Staff recommends that Council authorize the use ofeminent domain to acquire easements from these two property owners. The property owners have been notified that the City Council will be considering this recommendation." P-M April 18, 2000 Councilmember Weitkunat withdrew from discussion and voting on this item due to a perceived conflict of interest. "Secretary's Note: Councilmember Weitkunat left the meeting at this point.) Councilmember Bertschy made amotion, seconded by Councilmember Wanner, to adopt Ordinance No. 40, 2000 on First Reading. Councilmember Mason asked about plans for the dirt bike trail on the property. City Manager Fischbach stated that the dirt bike facility must move off the site for six to 12 months because of the construction work. He stated that the City is looking for alternative sites and the facility could move back to the property after construction is complete. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason and Wanner. Nays: None. (Councilmember Weitkunat withdrawn) THE MOTION CARRIED ("Secretary's Note: Councilmember Weitkunat returned to the meeting at this point.) Other Business Councilmember Mason requested a two -page memo regarding air quality issues related to the Holnam cement plant facility burning alternative fuels. City Manager Fischbach noted that he has spoken with an environmental attorney from the City of Golden who is working for Holnam to develop a facilitated process with the citizens of Fort Collins. Councilmember Mason stated that he received a memo from Mr. Mark Beck, a member of the Commission on Disability, who is requesting that the Council consider building standards relating to accessibility to new buildings. City Manager Fischbach suggested that a determination be made regarding whether the Commission supports Mr. Beck's request. Councilmember Bertschy spoke regarding the possibility of study session discussion regarding the CSU housing master plan. Executive Session Authorized Councilmember Wanner made a motion, seconded by Councilmember Mason, to adjourn into Executive Session to discuss legal issues. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. 283 Apri118, 2000 THE MOTION CARRIED ("Secretary's Note: The meeting adjourned into Executive Session at 7:25 p.m. and reconvened following the Executive Session at 8:10 p.m.) Adiournment Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to adjourn the meeting to 6:00 p.m. on April 25, 2000. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED The meeting adjourned at 8:15 p.m. ATTEST: 0-i , M46- 284 i Mayor