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HomeMy WebLinkAboutMINUTES-09/04/1990-Regular' September 4, 1990 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Proclamations and Presentations - 6:15 p.m. a. Proclamation Naming September as Adult Literacy Awareness Month, was presented. b. Proclamation Naming September as Square Dance Month, was presented. c. Proclamation Naming September 17-23 as Constitution Week, was presented. Regular Meeting - 6.30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, September 4, 1990, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. ' Staff Members Present: Burkett, Krajicek, Roy Citizen Participation Evelyn Lowry presented a petition with 557 signatures which supported discounted annual golf passes and spoke against increases in golf fees, especially for senior citizens. Wilbur Garfield, former President of the Golf Board and former Parks and Recreation boardmember, asked that senior citizens and persons of lower income not be penalized by increased golf fees. City Manager Steve Burkett explained the relation of the golf fees to the 1991 Budget. He clarified that annual passes would not be eliminated in the 1991 budget, but a 5% increase in all rates and a $1 per round fee for annual pass holders are proposed. Executive Session Authorized Councilmember Azari made a motion, seconded by Councilmember Edwards, to adjourn into Executive Session for the purpose of discussing legal issues. Yeas: Councilmembers Azari"' Edwards, Kirkpatrick and Maxey. Nays: Councilmembers Horak, Mabry and Winokur. -256- September 4, 1990 THE MOTION CARRIED. ' At the conclusion of the Executive Session, the meeting was reconvened at 7:20 D.m. Agenda Review: City Manager City Manager Steve Burkett asked that two additional items be considered under "Other Business." The first item, Hearing and First Reading of Ordinance No. 102, 1990, Consenting to the Construction of Certain Street Improvements upon Property Lying Partly Within the Boundaries of the City, Through Their Inclusion in a Larimer County Special Improvement District, was requested by Larimer County. The second item, Resolution 90-134 Regarding the Relationship Between the Fort Collins Housing Authority and the Federal Government, was requested by Councilmember Edwards. Councilmember Horak requested that Item #10, Hearing and First Reading of Ordinance No. 99, 1990, Authorizing the Exchange of Real Properties Between the City and Faith Evangelical Free Church for a bicycle/pedestrian trail from the Spring Creek Trail to Drake Road at Dunbar Street and the City granting a drainage easement to Faith Evangelical Free Church and Item #13, Resolution 90-130 Supporting Legislation to Regulate the Sale of Tobacco Products Through Vending Machines, be withdrawn from the Consent Calendar. Consent Calendar 1 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 to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #16, Pulled Consent Items. 7. Consider approval of the minutes of the ad.iourned meetings of July 24 and July 26. At present, there is no uniform rule which establishes the circumstances under which City boards and commissions may meet in executive session. This Ordinance, which was unanimously adopted on First Reading on August. 21, would generally establish for boards and commission's the same rules as presently apply to executive sessions of the City Council. City boards and commissions would be permitted to meet in executive session to discuss the same subjects that would be permissible for the Council to discuss in executive session, but only -257- September 4, 1990 ' to the extent that these subjects are relevant to the duties and functions of the particular board or commission, and the purpose for which it was established. Exceptions would be created for meetings of the trustees of the City's pension fund and for the Human Relations Commission review of internal investigations conducted by the Office of Police Services. LM In 1989, the Anheuser-Busch Corporation donated $55,000 to the City of Fort Collins to make improvements to the Northside Aztlan Community Center. The City received half of the donation last fall, and the other half will be received this fall. The work to be done includes adding air circulation in the gymnasium, making locker room improvements, improving exterior wall moisture protection, improving the gymnasium floor, adding a divider curtain in the gymnasium for program flexibility, and replacing old exercise equipment. This Ordinance, which was unanimously adopted on First Reading on August 21, makes these funds available for improvements to the Northside Aztlan Community Center. 9. Second Readinq of Ordinance No. 98, 1990, Amendinq Chanter 2 of the ' Code Relating to Boards and Commissions and Creating the Community Development Block Grant Commission. This ordinance, which was unanimously adopted on First Reading on August 21, will change the current "CDBG Citizens Steering Committee (CSC)" to a formal City commission to be called the "Community Development Block Grant Commission". The intent of making the CSC a City commission is to resolve issues relating to the appointment of members, issues relating to the length of service an individual member may have on the CSC, and to clarify that all boards and commissions rules and regulations apply to the CSC. Staff feels the status of the CSC could be elevated to that of a City commission without creating any problems for the City in needing to meet minimum Department of Housing and Urban Development regulations for low- and moderate -income neighborhood resident participation within the CDBG Program. 10. In this exchange, the City would deed'.td Faith Evangelical Free Church 0.27 acres of the Ross Open Space Land in exchange for 0.27 acres of church land. Both parcels of land exchanged on the north property line are of equal size and value. In addition the church is deeding Mile September 4, 1990 0.07 acres of land to the City for a bicycle/pedestrian trail through , its property to Drake Road. This land exchange will benefit the City by providing trail access with a safe, signalized pedestrian crossing at Drake Road and Dunbar Street. In return, the Church's northerly property boundary will be straightened, which will facilitate its parking lot configuration. Handling Services. Proposals for Claims Handling Services were solicited in June, and Crawford & Company was selected for a three year period, renewable annually. The contract provides for handling of general liability and auto liability claims and workers' compensation claims. 12. Resolution 90- This resolution will approve the purchase of .6 share of Pleasant Valley and Lake Canal Company (PV&L) and 29 shares of North Poudre Irrigation Company (NPIC). 13. Resolution 90- 14. At the request of some citizens, the Council Health and Safety Committee decided to review the issue of the sale of cigarettes and other tobacco products through vending machines. At issue is the accessibility of tobacco products to minors. Although the sale of tobacco products to persons under the age of 18 is prohibited by Section 18-13-121, C.R.S., automatic vending machines make it easy for minors to purchase and use cigarettes. After consideration, the Health and Safety Committee decided not to recommend adoption of local legislation, which would be limited in its application and effectiveness. The Committee agreed to recommend that Council adopt a resolution encouraging passage of federal legislation to address this need, believing that regulation at the federal level would be more effective, more equitable in its application, and would be consistent with previous federal regulation of the promotion and sale of tobacco products.' The Charter requires that the Council set a date for the public hearing on the proposed 1991 City budget. The Resolution sets the hearing date for the Council meeting of September 18. At that time, Council will also receive public comments concerning the allocation of -259- September 4, 1990 Highway Users Tax Fund moneys. 15. Routine Deeds and Easements. a. Powerline easement from Todd Graves, Sonja L. Hernandez and Mark D. Hernandez, 812 E. Laurel, needed to underground existing overhead electrical services. Monetary consideration: $10. b. Powerline easement from William Michael Hittesdorf and Laurie E. Price, 1205 Parkwood Drive, needed to set electric oval vault. Monetary consideration: $79.50 (26.5 sq. ft. @ $3/sq. ft.) c. Powerline easement from Public Service Company of Colorado, a Colorado corporation, 209 S. Meldrum, needed to underground existing overhead electrical services. Monetary consideration: $1,600. d. Temporary easement from James L. Gardner and Lavonne E. Gardner and Antoinette M. Ague, located at South Taft Hill Road and Orchard Place, needed for the construction of a pedestrian path to extend from the signalized intersection on South Taft Hill Road east to Moore Elementary School. Monetary consideration: $10. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #7. Second Reading of Ordinance No. 83, 1990, Amending Chapter 2 of the Code Relating to Open Meetings for City Boards and Com- missions. Item #8. Item #9. Community Development Block Grant Commission. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #10. J Spring Creek Trail to Drake Road at Dunbar Street and the City granting a drainage easement to Faith Evangelical Free Church. -260- September 4, 1990 Item #11. Councilmember Mabry made a motion, seconded by Councilmember Edwards, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 99, 1990, Authorizing the Exchange of Real Properties Between the City and Faith Evangelical Free Church for a bicycle/pedestrian trail from the Spring Creek Trail to Drake Road at Dunbar Street and the City granting a drainage easement to Following is staff's memorandum on this item: "EXECUTIVE SUMMARY In this exchange, the City would deed to Faith Evangelical Free Church 0.27 acres of the Ross Open Space Land in exchange for 0.27 acres of church sand. Both parcels of land exchanged on the north property line are of equal size and value. In addition the church is deeding 0.07 acres of land to the City for a bicycle/pedestrian trail through its property to Drake Road. This land exchange will benefit the City by providing trail access with a safe, signalized pedestrian crossing at Drake Road and Dunbar Street. In return, the Church's northerly property boundary will be straightened, which will facilitate its parking lot configuration. The construction of the parking lot and church expansion will require storm water to cross City property to enter Spring Creek. Drainage easements are needed for the installation and maintenance of drain pipes. The Parks and Recreation Board approved the project at its April 25, 1990, meeting by a vote of 5 to 3. The negative votes reflect concerns about the parking lot's visual impact on trail users. The Church has met with the neighborhood through the Planning and Zoning process and willbe installing a 4' to 5' high fence between the trail and' the parking.' lot to reduce headlights shining into area homes. The fence, 'will also' provide more privacy for trail users." Councilmember Horak questioned the Parks and Recreation Board vote of 5-3 and whether the concerns of the 3 dissenting votes had been addressed. u Craig Foreman, Parks and Recreation Civil Engineer II, explained the I history of the land exchange project. The Parks and Recreation Board's -261- September 4, 1990 concerns were related to landscaping and the impact of the parking lot on a trail user. There has been good faith negotiation on both sides. Councilmember Edwards made a motion, seconded by Councilmember Mabry to adopt Ordinance No. 99, 1990 on First Reading. Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Mabry, Maxey and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. Resolution 90-130 Supporting Legislation to Regulate the Sale of Tobacco Products Through Vending Machines, Adopted as Amended Following is staff's memorandum on this item: "EXECUTIVE SUMMARY At the request of decided to review products through tobacco products persons under the automatic vending cigarettes. some citizens, the Council the issue of the sale of vending machines. At iss to minors. Although the age of 18 is prohibited b machines make it easy for Health and Safety Committee cigarettes and other tobacco ue is the accessibility of sale of tobacco products to y Section 18-13-121, C.R.S., minors to purchase and use Several cities have enacted ordinances restricting or prohibiting the sale of cigarettes through vending machines. The members of the Health and Safety Committee expressed support for the concept of restricting the use of vending machines in locations accessible to minors, and asked for staff research on the topic. Staff identified no significant regulation of cigarette vending machines at the state level (except that smokeless tobacco products may not be sold in vending machines), but did obtain a copy of HR 1205, introduced March 2, 1989, which would restrict the sale of tobacco products through vending machines placed in locations easily accessible to the public. After consideration, the Health and Safety recommend adoption of local legislation, whi application and effectiveness. The Committee Council adopt a resolution encouraging passag address this need, believing that regulation a more effective, more equitable in its applicati with previous federal regulation of the prom products. e t Committee decided not to ch would be limited in its agreed to recommend that of federal legislation to the federal level would be on, and would be consistent otion and sale of tobacco This Resolution expresses support, for the concept of restricting the sale of cigarettes through vendi'ng�machines, but does not specifically endorse HR 1205, since that bill also includes restrictions on advertising of tobacco products which were not considered by the Council Health and Safety Committee." -262- September 4, 1990 Councilmember Winokur made a motion, seconded by Councilmember Azari, to adopt Resolution 90-130. John Clarke, 706 E. Stuart, spoke of concerns about the use of tobacco by young people. He indicated representatives of Tobacco Free Schools Project of the Colorado School Health Council, Poudre Valley Hospital, and Poudre R-1 School District were present. He asked for an ordinance outlawing the sale of tobacco through vending machines. Connie Acott, Fort Collins resident, employed by the Colorado School Health Council, presented a copy of a model law recommended for adoption on local level. Kathleen Jones, Fort Collins resident and health educator spoke of disease and death caused by tobacco and supported vending machine legislation. Dr. Adrian LeBailly, Fort Collins resident and Director of Larimer County Health Department expressed concern that Council was sending a message that smoking is not a local concern. She stated that banning access to vending machines could have a positive effect. Councilmember Edwards made a motion, seconded by Councilmember Horak to amend the resolution removing the 5th "WHEREAS" paragraph from the resolution, and to delete the phrase "much more" in the 6th "WHEREAS" paragraph. As the maker of the motion, Councilmember Winokur accepted Councilmember Edwards' amendment as a friendly amendment to his original motion. Councilmember Horak made a motion, seconded by Councilmember Edwards, to amend the 6th "WHEREAS" paragraph to add the following action clause: "direct the City Manager and City Attorney to research and propose local legislation to prohibit the sale of tobacco products through vending machines placed in locations which are accessible to minors". Mayor Kirkpatrick supported the amendment. Councilmember Edwards stated he supported the amendment. Councilmember Maxey stated that he supported the amendment and the original motion. The vote on the motion to amend Resolution 90-130 was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. William Benton, 2409 Clearview Avenue, asked for positive consideration of the Resolution. He described a scenario where liquor would be dispensed through vending machines and how that would not be acceptable as liquor is a controlled substance. -263- September 4, 1990 The vote on Councilmembers Winokur's motion to adopt Resolution 90-130 as amended was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Reports Mayor Kirkpatrick reported that the Leadership Team has met to negotiate with the City of Loveland on the Airport agreement. Councilmember Maxey spoke as liaison for the Ad -hoc Transportation Committee. He stated the committee is working on making the Committee permanent as well as a mission statement. Public Hearing on the 1991 Recommended Budget City Manager Steve Burkett commented on the highlights of the budget. He then presented a 7 minute video that outlined the public involvement process. Resolution 90-132 Adopting a New Recreation Fee Policy for the Recreation Division of Cultural, Library and Recreational Services. Adopted ' Following is staff's memorandum on this item: "FINANCIAL IMPACT Adoption of this revised Recreation Fee Policy will increase the General Fund contribution, including recommended supplementals, by $163,257 in 1991. Fees will be frozen at 1990 levels in 1991. EXECUTIVE SUMMARY The Recreation Fee Policy is used to establish Recreation Division guidelines for developing long-range financial management planning. Revision of the Policy has been a Council and staff goal for several years. This revised policy reflects input and direction from Council at the May 22 and June 26 work sessions. Implementation of this policy will be phased in over four years. ILLf73e7ffii I The current Recreation Fee Policy was adopted by City Council in 1980. It represents the initial establishment for the Recreation Division of an official document to aid in determining budget parameters and financial planning for the division. It is designed to shift more of the Recreation costs to the users. ' The current policy has created some inequities. In some programs, participants are being charged significantly more than the direct costs of -264- September 4, 1990 the particular program in which they participate. Because of the current policy, this excess revenue is used to subsidize the cost of other programs and to cover some administrative costs. The City Council and recreation staff both have a desire to see costs more equitably distributed between users and the General Fund. The issue of equitable distribution of costs and its relation to the fees charged is the primary concern of program users. Both Council and Recreation staff members have fielded complaints and concerns from users that some fees are covering more than the program costs. The intent of the revised recreation fee policy is to more equitably distribute costs among the program users and General Fund tax dollars. User fees will cover those program costs directly experienced by the program users, and tax dollars will cover the portion of expenses that are necessary to provide the program but are not directly experienced by the users. Fees will be set based on the costs of each individual program, and will change only if program costs increase or if users want an increase in service. The Parks and Recreation Board has reviewed and provided input into the revised Recreation Fee Policy during the past year. The Board has encouraged staff to proceed through the basic concepts and preliminary models toward the final policy as now presented to Council for adoption. The Board discussed the status of the revised Recreation Fee Policy at its meetings of April 25, 1990 and June 27, 1990. At the August 22 meeting, members voted unanimously 8:0 to fully support the revised Recreation Fee Policy and to recommend adoption by City Council. The attached memorandum provides a detailed explanation of the policy and accompanying issues." Director of Cultural Library and Recreation Services Mike Powers, reviewed the proposed policy and noted this policy is a significant revision to the current policy. Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt Resolution 90-132. Powers gave detailed descriptions on various categories of the proposed budget. He stated that only .the recreation programs that are currently configured under the recreation budget are included in the policy and noted that golf was not included. Bruce Lockhart, 2500 E. Harmony Road, stated that fees at City recreation facilites are already too high and opposed an,increase. Al Pettine, former Parks and Recreation Board member spoke of the Parks and Recreation Department philosophy in the mid-70's. He opposed the surcharge and golf fee increases and asked for a complete breakdown of golf costs. -265- September 4, 1990 Bob Aukerman, 729 Duke Square, addressed the development of fee policy. He stated that everyone should pay a fee and those who use the facilities should be required to pay a larger fee. Mayor Kirkpatrick encouraged the staff and the Parks and Recreation Board to look at the question of building upkeep, especially in capital intensive programs. Councilmember Edwards recommended the policy be reviewed on an annual basis. Councilmember Winokur stated he supported the proposed policy. The vote on Councilmember Horak's motion to adopt Resolution 90-132 was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Resolution 90-133 Authorizing the Purchase of Property Located at 243 and 255 North College Avenue The Rhodes/Trimble House, Failed Following is staff's memorandum on this item: "FINANCIAL IMPACT This resolution authorizes the purchase of approximately 38,000 square feet of land located at 243 and 255 North College Avenue, including the Rhodes/Trimble House for a total cost of $190,000. The recommended funding is $38,935 from the General Fund undesignated reserves and $151,065 from the Transportation Services Fund reserves for the purchase of property. This resolution also authorizes the staff to proceed with the development of a public parking lot on 30,213± square feet of the subject property at an estimated cost of $100,000 to $140,000. The Transportation Services Fund reserve also would be used to construct the proposed parking lot. This would reduce the 1989 close of year balance by approximately 40 percent, bringing the fund balance to $453,487. The proposal to use $38,935 from General Fund undesignated reserves will reduce the projected 1990 reserve by 1.5 percent. . EXECUTIVE SUMMARY On July 3, 1990 the City Council directed staff°,;to pursue the feasibility of acquiring two parcels of land totalling 38,060 ± square feet located at 243 and 255 North College Avenue. The subject property consists of several small lots that make up the total site area. The property is owned by the Everitt Lumber Company, Inc. 266- September 4, 1990 By letter dated August 1, 1990 the owner has confirmed the Company's ' interest in selling the Rhodes/Trimble house and 38,000 gross square feet of land under and adjacent to the house for the price of $190,000 ($5.00/sq. ft.). Staff has reviewed this offer and considers the price to be below prevailing land prices in the immediate area by as much as $1.50 to $2.00 per square foot. A local M.A.I. appraiser has advised the City that the purchase of the subject property for use as a public parking lot will enhance the value of 281 North College Avenues property by 30 percent over current purchase price. Purchase of the subject property will also make the Rhodes/Trimble house available for restoration and preservation by the Heritage Roundtable, or equivalent historic preservation group(s). City participation in the restoration of the house would be limited only to purchase of the house and the land under the house. The total cost for restoration of the house would be the responsibility of the Heritage Roundtable or equivalent group(s). This cost is estimated to range between $115,000 and $140,000. Estimated City cost by funding source is as follows: GENERAL FUND TRANSPORTATION FUND ITEM RESERVES RESERVES A. LAND Ground Under House $ 38,935 -0- Balance of Site -0- $151,065 B. RHODES HOUSE -0- -0- C. PARKING LOT -0- 140,000 D. CONTINGENCY 5,000 10,000 TOTAL EST. COST BY FUND $ 43,935 $301,065 TOTAL EST. PROJECT COST $345,000 Background Attached is an analysis of the possible City acquisition of the ' Rhodes/Trimble House and surrounding property located at 243 and 255 North W*A September 4, 1990 College Avenue. The analysis provides background information on the Rhodes/Trimble House which is located at 255 North College Avenue. The subject property consists of several small lots that make up a total site area of 38,000 square feet. The property is owned the Everitt Lumber Company Inc. By letter dated June 29, 1990, the owner indicated that even though the Rhodes/Trimble House occupies an area roughly 7,787 square feet in size, the Company is not interested in selling less than the entire 38,000 square foot site because to subdivide the property, according to the owner, would leave a piece of property that would be very difficult to sell or develop. Staff has analyzed options associated with the purchase of the entire property, pursuant to instruction from the City Council, and presents the attached report and recommendation for consideration by the City Council. OPTIONS: Staff has identified two options regarding the subject property for Council review: Option 1 -- PURCHASE PROPERTY A. Purchase the property at the asking price of $190,000 ($5.00 per square foot) in accordance with the following funding schedule: 0 General Fund Reserves . . . . . . . $ 38,935 (7,787 sq. ft. under the House) o Transportation Fund Reserves . . . . . $151,065 (30,213 sq. ft. for public parking lot) TOTAL PURCHASE PRICE. . . . . . . . . . . $190,000 B. Lease, or otherwise make available, the House and the ground under the house (7,787 sq. ft.) to the Historic Roundtable, or suitable historic preservation group, whose responsibilities would be to stabilize and restore the House and grounds to as close to original condition as possible, at no cost to the City. C. A proposal has been made to the City by the Heritage Roundtable to restore the House and maintain the interior. Once improved the restored house under the proposal, would be turned over to the City for maintenance of the exterior of the structure. A formal agreement setting forth the terms, conditions and obligations of the Heritage. Roundtable and the City would be executed prior to the City purchase of the subject property. D. The balance city owned of and the property (30,213 sq. ft.) could be. developed as a operated public parking lot. The parking lot would ' be for the use and convenience of the general public. The lot would W4.1-11 September 4, 1990 be under the management of the Transportation Division and would be time regulated, with provision for permit parking, as with any other publicly owned parking lot in the downtown. It is estimated that between 68 and 100 parking spaces could be provided. The estimated cost to construct a parking lot to City design standards is between $100,000 and $140,000. The City Transportation Fund Reserves is proposed to be used to construct the parking lot. Option 2 -- DO NOT ACQUIRE THE PROPERTY A. This is the cost avoidance option. Under this option the property would not be acquired by the City, nor would the restoration of the House be undertaken with public support. The City would continue to provide technical assistance to any iocal preservation group interested in acquiring the property and restoring the House. B. There would be no direct City costs associated with this option beyond the costs for City staff involvement. Staff Recommendations: Staff recommends Option I as described above. Additional supporting documentation is provided in the attached report. The basis for this recommendation are: o The asking price for the property is considered reasonable. It is below estimates of the value of comparable commercial property in the vicinity of the subject property. o The Rhodes/Trimble House would be preserved and adaptively re -used by a private, non-profit group. o The City's contribution to the protection and preservation of the Rhodes/Trimble House would be approximately $43,000 with the restoration, occupancy .and interior maintenance costs becoming the responsibility of the Historic Roundtable, or other suitable historic preservation group(s). o The major part of the City's acquire the property and build which is needed based on rec shortfall in the immediate aree has been provided to Council and P&Z Board.) investment ($302,000) would be to a public parking lot in block 22 rnt staff estimates of a parking (A staff report on this subject is under review by the DDA, DBA and 1 -269- September 4, 1990 o The cost to provide public parking is consistent within comparable surface parking space costs in a commercial district. o The proposed public parking spaces would be made available to the general public on the same terms as other City owned public parking lots in downtown. Close -by public parking would enhance the value of property generally within the area and more particularly for 281 North College which has no on -site parking. Contact with the appraiser for 281 North College Avenue indicated that a public parking lot adjacent to 281 would have increased the appraised value of 281 by 30 percent. A restored Rhodes/Trimble House and grounds would add to the appearance and value of the 200 block of North College Avenue which is in need of beautification and stabilization. In summary, The recommended option is a land investment strategy that includes the opportunity for a private, non-profit group to restore the Rhodes/Trimble House as an historic landmark at the northern gateway to the downtown. In the event the Heritage Roundtable, or equivalent preservation group ' cannot perform, the House would be razed, artifacts saved for reuse and the balance of the property converted to parking lot. This latter point is based on the report provided by Kenneth Nedearis Associates that suggests the House is in poor structural condition and would have to be "virtually re -built in order to achieve adequate structural integrity." As no City funds are recommended for restoration of the House under either option, staff believes that direct financial involvement by the City in the House should end with the purchase of the property under the House unless the City were to accept, at a later date, a fully restored house for annual exterior maintenance. The attached report presents in greater detail facts and conclusions upon which staff has based this recommendation." Director of Development Services Mike Davis, gave a presentation of the history of the property and explained the proposed options. He described the staff findings and observations relative to the project. City Manager Steve Burkett, clarified that staff does not recommend the purchase of the property but the •parking ;lot option is acceptable. He explained the risks that would be involved. Councilmember Maxey made a motion, seconded by,Councilmember Azari to adopt Resolution 90-133. ' Sally Ketcham, 1132 Lindenwood Drive, on behalf of the Heritage Roundtable, gave a slide presentation and a brief history of the Rhodes/Trimble House. -270- a September 4, 1990 Leonard Scovel, with the Construction Management Program at C.S.U., stated ' that if the City were to purchase the Rhodes/Trimble House, the students in the Construction Management Program would be available to assist in the rehabilitation of the home. Dick Beardmore, 2212 Kiowa Court, reported that there were stress tests performed on the brick and structure and expressed confidence that the structural integrity of the building is sufficient to warrant the City's investment. Davis said that a supply and demand study was conducted regarding the demand for additional parking spaces in the downtown area. Staff believes that with additional parking available downtown, the economic vitality of the immediate area would be improved. Davis clarified that the Parking Fund could only be used for transportation related purposes such as a public parking lot. He said that there is an alternative funding method under General Improvement District 1 that states "land can be purchased for the purpose of public parking". He remarked that the Engineering Department has done preliminary site -planning and that the proposed lot would yield 68 to 100 spaces. Rheba Massey, Chairman of the Landmark Preservation Commission noted the Rhodes/Tribble: house is the oldest standing brick structure in Larimer County, and should be saved. Warren Scott, 2216 Loyola, opposed purchase of the house. C.W. Clifton, stated;'concerns about the economic wisdom of purchasing the house and requested that the decision be postponed for further analysis. Marilyn Roberts, 242 Pine Street, supported the public parking area. Jim Reidhead, 232 Linden Street, past board member of the Downtown Development Authority commented on the Heritage Roundtable's outstanding track record and on the tenacity of its members. He supported the purchase. Bruce Lockhart, 2500 E. Harmony Road, stated that a previous survey indicated citizens would rather pay for services through user fees as opposed to higher taxes. In his opinion the best use for the site would be a viable private sector commercial venture. He opposed the purchase. Councilmember Azari supported the purchase of the property. Councilmember Mabry did not support the resolution. He believed that $5.00 per sq. foot was too much to pay for the property to use as a parking lot. Councilmember Winokur supported the resolution .and stated that it is a sign I of the City's commitment to historic preservation and .to cooperation and partnership with volunteer groups. -271- September 4, 1990 Councilmember Edwards opposed the resolution. Councilmember Horak stated the cost of the land was too high and that he did not support the resolution. Councilmember Maxey spoke in support of the resolution. Mayor Kirkpatrick indicated she would not support the resolution. She added that the community is doing a great job in the restoration of historical residential dwellings and stated there should be some focus on the preservation of additional structures such as the Coloradoan Building and the Post Office. The vote on Councilmember Maxey's motion to adopt Resolution 90-133 was as follows: Yeas: Councilmembers Azari, Maxey and Winokur. Nays: Councilmembers Edwards, Horak, Kirkpatrick and Mabry. THE MOTION FAILED. Second Reading of Ordinance No. 100, 1990, Calling a Special Municipal Election for November 6, 1990, and Submitting a Proposed Charter Amendment to a Vote of the Registered Electors of the City Concerning Direct Election of the Mayor and District of the Mayor and District Representation. Adopted ' Following is staff's memorandum on this item: "EXECUTIVE SUMMARY At Council's direction, an Ordinance was prepared to submit a proposed Charter amendment to the city voters at a special city election to be held on November 6 in conjunction with the General Election. Two options for the transition period were included in the Ordinance. On August 21, Council adopted Option B, as amended, by a vote of 4-3 on First Reading. The proposed Charter amendment contains the following changes to the Charter: 1. City voters would directly elect the Mayor at -large. 2. Six District Councilmembers would be nominated and elected by District. 3. Redistricting to change to six Districts would take place by January 1, 1991 and every four.years thereafter. 4. The directly elected Mayor would serve a two-year term of office. 5. Compensation for the directly elected Mayor would be set at $500 per month. 6. The title of Assistant Mayor would'change;to."Mayor Pro Tem." 7. The Mayor Pro Tem would be elected.'from among the Council for a term of two years. ' 8. The Mayor Pro Tem would fill a mayoral vacancy until the next regular election. Procedures are established for a mayoral vacancy that occurs within 45 days before the election. -272- September 4, 1990 9. Election of the Mayor Pro Tem would take place one week following each , biennial election at the Organization Meeting at which the Mayor and Councilmembers take office. 10. Candidates would be prohibited from running for two elective municipal offices simultaneously. The Ordinance was amended on First Reading to include lowering the age of eligibility for Councilmembers from 25 to 21 years of age and to prohibit incumbent Councilmembers from standing for election to the office of Mayor, unless the Councilmembers' term of office expires on the same date as the term of office of the newly elected Mayor begins. The proposed ballot language has been modified to reflect the above amendments." City Clerk Wanda Krajicek informed Council that the ordinance contains the amendments from the August 21, 1990 meeting. Councilmember Azari made a motion, seconded by Councilmember Winokur, to adopt Ordinance No. 100, 1990 on Second Reading. City Attorney Steve Roy, clarified that it is legal for Council to submit a proposed amendment to the Charter permitting persons 18 years of age and older to be eligible to run for the office of Councilmember. Councilmember Maxey made a motion, seconded by Councilmember Edwards, amending the language in Section 1, Article 2, paragraph (c) to include: "The districts shall be numbered consecutively in a clockwise fashion ' beginning with the northeast district which shall be District #1". Councilmember Maxey stated the numbering sequence in the proposed amendment will clarify the district rotation. He added that voters in various areas of the City would have an opportunity, in alternate years, to elect people from their segments. The vote on Councilmember Maxey's motion to amend Ordinance No. 100, 1990 was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Mabry and Maxey. Nays: Councilmembers Horak and Winokur. THE MOTION CARRIED. Councilmember Mabry made a motion, seconded by Councilmember Edwards, to amend Section 2, under "Qualification of Members", to delete the number "21" and replace it with "19". Roy clarified that a resident residing in a newly annexed area for less than one year would not be eligible to run for election. Mayor Kirkpatrick did not support the motion. She stated that she would like to revisit the issue after a Charter review. The vote on Councilmember Mabry's motion was ,as follows: Yeas: Councilmembers Edwards and Maxey. Nays: Counci] members Azari, Horak, I Kirkpatrick, Mabry and Winokur. -273- September 4, 1990 1 THE MOTION FAILED. Councilmember Maxey made a motion, seconded by Councilmember Winokur to amend Page 2, Section (c), that reads "SIX (6) MONTHS BEFORE THE REGULAR CITY ELECTION IN EVERY FOURTH YEAR FOLLOWING 1991" to read: "EVERY SECOND YEAR FOLLOWING 1991". Councilmember Maxey stated that with the proposed change in districts, a district election will come up every two years rather than four. He added that it would be appropriate to redistrict prior to each district election so that any large annexation or any shifting in population could be dealt with. City Clerk Wanda Krajicek said that the original recommendation for every fourth year was based on keeping the district boundries stable for a longer period of time. The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Azari to amend Councilmember Maxey's motion changing "northeast" to "northwest". Councilmember Horak stated that the proposed amendment would keep the districts similar in number to there current status. City Clerk Wanda Krajicek noted that if the numbering were to start at the northwest sextant of the City, representatives for Districts 2 and 4 would be elected for 4 year terms in 1991, in 1993, representatives from Districts 1, 3 and 5 would be elected for 4 year terms and the District 6 representative would hold a 2 year term. The even/odd split would be achieved in 1995. Councilmember Mabry pointed out that renumbering districts starting with the northwest sextant would not be feasible since District 2 would not be vacant in 1991. Councilmember Winokur opposed the proposed amendment. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmember Horak. Nays: Councilmembers Azari, Edwards, Kirkpatrick, Mabry, Maxey and Winokur. THE MOTION FAILED. Councilmember Winokur made a motion,,. seconded`by Councilmember Horak, to ' draft language deleting the specificity in numbering of the districts and -274- September 4, 1990 adding that 2 districts will be filled for 4 year terms in 1991, 3 districts for 4 year terms in 1993, and 1 district for a 2 year term in 1993. Additionally, Council shall identify, in the Code, which districts will be filled by election for each year and term. Councilmember Mabry did not support the motion. Mayor Kirkpatrick spoke against the amendment. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Horak and Winokur. Nays: Councilmembers Azari, Edwards, Kirkpatrick, Mabry and Maxey. THE MOTION FAILED. Councilmember Azari made a motion, seconded by Councilmember Horak, to reconsider Councilmember Mabry's August 21 amendment to Ordinance No. 100, 1990, Section 2, second line of the second paragraph. Councilmember Azari stated the amendment is an attempt to deal with the ethics of the elected Councilmembers and that ethical decisions should remain that of the electors. The vote on Councilmember Azari's motion to reconsider was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick and Maxey and Winokur. Nays: Councilmember Mabry. ' THE MOTION CARRIED. Councilmember Winokur stated he would not support the inclusion of Councilmember Mabry's August 21 amendment in the Charter. City Attorney Roy stated that if the. amendment should fail, then subparagraph (3) will reappear. Councilmember Maxey spoke in opposition to the amendment. Councilmember Edwards did not support the amendment. Roy clarified that a "yes" vote on the proposed amendment would retain the version that is before Council'. A "no" vote would revert to the language prior to Councilmember Mabry's August 21 amendment. The vote on the amendment was, ass follows:,,, Yeas: Councilmembers Edwards, Mabry, and. Maxey. Nays: Count"ilmembers: Azari, Horak, Kirkpatrick and Winokur. THE MOTION FAILED. City Clerk Wanda Krajicek read the Ordinance with'�the inclusion of the ' amendments. Under Section 2, Qualifications for Members, delete in IPx1&11 September 4, 1990 ' paragraph 2, the second and third sentence. On page 5, Section 3 will read: "NOTHING HEREIN SHALL PRECLUDE THE MAYOR PRO TEM OR ANY COUNCILMEMBER FROM STANDING FOR ELECTION TO THE OFFICE OF MAYOR". She noted that there will be a slight change in the ballot language to reflect deleting Councilmember Mabry's August 21 amendment. The vote to adopt Ordinance No. 100, 1990 as amended was as follows: Yeas: Councilmembers Azari, Horak, Kirkpatrick, Maxey and Winokur. Nays: Councilmembers Edwards and Mabry. THE MOTION CARRIED Other Business Hearing and First Reading of Ordinance No. 102, 1990, Consenting to the construction of Certain Street Improvements upon Property Lying Partly Within the Boundaries of the City, Through Their Inclusion in a Larimer County Special Improvement District, Adopted Following is staff's memorandum on this item. "FINANCIAL IMPACT Passage of this Ordinance does not obligate the City to participate in any ' of the costs of the district. EXECUTIVE SUMMARY Larimer County has proposed the formation of a County Special Improvement District to reconstruct and overlay certain streets both within and outside the corporate boundaries of the City. State statute requires that the City consent to the construction of any such improvements within the City limits before they may be authorized by the County. Adoption of the Ordinance does not obligate the City to participate in the cost of the improvements. Upon receiving City consent, Larimer County will begin the formal process For the creation of the district to finance the construction of the improvements. This consolidated County Special Improvement District is being proposed to reconstruct the local residential streets in the Fairway Estates Subdivision to County street standards. BACKGROUND: Larimer County is forming a consolidated Special Improvement District to overlay and reconstruct local streets in the Fairway Estates County subdivision. This portion of the consolidated district is located at the Southeast corner of the intersection of College Avenue and Harmony Road. Four of the property owners in the Fairway Estates subdivision have annexed into the City. A71 four are commercial properties along College Avenue. 1 -276- September 4, 1990 The improvements proposed are to reconstruct the local residential streets ' to county standards with 24 feet wide asphalt pavement and no curb or gutter. This matches the existing streets constructed for this county subdivision. Although this area is in the Urban Growth Area boundary, annexation is not anticipated for several years. Engineering staff believes there will be no adverse effect in constructing these streets to County standards at this time, given the rural estate type low density development in the subdivision. A description of the individual streets and improvements to be completed is attached. At such time as the subdivision is considered for annexation into the City, the City could refuse to annex until the street system in the subdivision is upgraded to satisfy City requirements. If the subdivision were to be annexed without upgrading, the City would be obliged to maintain the street system in such a manner as to prevent the streets from becoming "dangerous." The City's policy is to provide routine maintenance at City expense, but when streets are annexed which do not meet City requirements, the City can require the adjacent property owners to finance the complete restructuring of the streets, if such restructuring is ultimately needed. This restructuring could be accomplished through an involuntary special improvement district, if necessary." Matt Baker, Civil Engineer II explained the proposal and timing of Ordinance No. 102, 1990. Councilmember Azari made a motion, seconded by Councilmember Winokur to 1 adopt on First Reading Ordinance No. 102, 1990. The vote on Councilmember Azari's motion to adopt Ordinance No. 102, 1990 on First Reading was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Resolution 90-134 Regarding The Relationship Between The Fort Collins Housing Authority and the Federal Government, Adopted Councilmember Edwards made a motion, seconded by Councilmember Winokur to adopt Resolution 90-134. Councilmember Edwards briefly outlined his role as liaison for' the Fort Collins Housing Authority. The vote on Councilmember Edwards motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. -277- September 4, 1990 ' Councilmember Horak made a motion, seconded by Councilmember Azari, to direct that if materials are filed with the City Clerk's Office after Council packets have been distributed, that Councilmembers be notified either by electronic mail or another form of communication. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Ad.iournment The meeting adjourned at 12:25 a.m. Mayor ATTEST: )l► It�Q City Clerk -278-