Loading...
HomeMy WebLinkAboutMINUTES-08/06/1985-RegularAugust 6, 1985 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, August 6, 1985, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Clarke, Estrada, Horak, Knezovich, Ohlson, and Stoner. Councilmembers Absent: Rutstein Staff Members Present: Arnold, Huisjen, Shannon, M. Davis, Lewis, Hopkins Agenda Review: City Manager City Manager Arnold requested that Item #14, Hearing and First Reading of Ordinance No. 86, 1985, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Timberline Road Repaving Project to Pay for the Improvements to Timberline Road, be amended and adopted on the Consent Calendar with the correct figure of $375,000. He also withdrew Item #17, Resolution Calling Upon Larimer-Weld Council of Governments to Contact Hank Brown to Assist in Poudre River Trail Project. ' Councilmember Knezovich withdrew Item #6, Second Reading of Ordinance No. 71, 1985, Amending the City's Massage Parlor Code, and Item #15, Resolution Approving the Form of Application for Licensing of Massage Therapists, from the Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #31, Pulled Consent Items, except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled be staff or Council. These items will be discussed immediately following the Consent Calendar. 4. Approval of the Minutes of Reaular ings of July 2 and July 16 -366- 5. 11 Second Reading of Ordinance No. 70, 1985, Amending the Code of the City lins Reof Fort Collating to the Prohibition of Unreasonable Noise. This ordinance was unanimously adopted on First Reading on July 16. Due to the problems involved with enforcing the City's noise ordinance, staff recommends repealing Section 78-1 of the Code of the City of Fort Collins and readopting a new Section 78-1 which prohibits unreasonable noise. Second Reading of Ordinance No. 71, 1985, Amending the City's Massage ar or ode. This ordinance was adopted on First Reading by a 5-1 vote on July 16. The present Massage Parlor Code of the City contains provisions making enforcement difficult. It is recommended that the City Code be changed to conform to the present State Massage Parlor Code and to establish a licensing fee. 7. Second Readin lReserves for I 11 of Ordinance No. 78, 1985 iseho d azardous aste o riating General Fund 1 This ordinance was unanimously adopted on First Reading on July 16. Potentially harmful household wastes represent a hazard waiting to become an accident. Fort Collins residents can be expected to generate over 67,000 gallons of hazardous wastes on an annual basis. Working with Larimer County and the City of Loveland it is planned to ' hold a "Household Hazardous Waste Collection Day" on Saturday, September 28. 1985. A contract will be awarded by Larimer County to a licensed company to receive and dispose of the hazardous material. The total cost including the contract will be $25,000. In order to help make this effort successful Fort Collins, Loveland and Larimer County will share the cost. Fort Collins' share will be $11,250. An ordinance has been prepared for Council consideration to appropriate General Fund reserves for this purpose. Second Reading of Ordinance No. 79, , Authorizing the Issuance of a Sales & Use Tax Revenue Security to1985First Interstate Bank of Fort Collins, N.A. in an Amount Not to Exceed 2,0 ,000 for construction of South Lemay Avenue between Horsetooth Road and Harmonv. This ordinance was unanimously adopted on First Reading on July 16. Included in the 1985 annual budget was an appropriation to construct Lemay Avenue between Horsetooth Road and Harmony. The funds for this construction were to be provided by bond anticipation notes. This borrowing will serve the same purpose as those bond 'anticipation notes and provide the funds for the construction of the road. Adoption on the Consent Calendar will cause the amendment of the ordinance to include minor changes and adopt the ordinance as amended on second reading. -367- August 6, 1985 9. Second Reading of Ordinance No, 80, 1985, Authorizin the Issuance and Sale of Industrial Deve opment Revenue Bonds, erles 1985, in the Amount of $460,000 for the Engineering Professionals, Inc. Proiect. This Ordinance was unanimously adopted on First Reading on July 16 and authorizes the issuance and sale of Industrial Development Revenue Bonds, Series 1985, in the amount of $460,000. 10. Hearing and First Reading of Ordinance No. 81, 1985, of the Council of the ity of Fort ollins Amending the Local pplication ees for New Liquor and %% ermented a t everage icenses and rans ers. Senate Bill 112 was signed into law by Governor Richard Lamm on April 12, 1984 and went into effect on July 1 , 1984. This bi l l was the result of a two year effort by a coalition of state, county and municipal officials including Larimer County Commissioner Courtlyn Hotchkiss and City Clerk Wanda Krajicek and is an effort to enhance enforcement and administration of beer and liquor statutes. This bill gives City Council the option to raise local application fees for new licenses from the current $350 to the maximum of $450 and to raise the fees for transfers of ownership or location from the current $150 to the maximum of $250. The proposed ordinance would accomplish these fee changes and would, by the addition of a new subsection and the amendment of several others, correct certain ambiguities in the present code regarding transfer fees for liquor licenses and fees for the expansion of the premises of both liquor and beer licenses. 11. Hearing and First Readingof ort o11ins Museum, Janis Boxelder Schoolhouse as a Lan Ordinance No. 82, 1985, Designati abin, untie tone a in, and rK u1strict. The original landmark, designation of the Museum, Janis Cabin and Auntie Stone Cabin was done in 1978 by resolution. The Landmark Ordinance requires that designation be done by Ordinance. This Ordinance would replace and correct the original designation. 12. Hearing and First Reading of Ordinance No. 83, 1985, DesignatingF ollins Birney Safety treetcar #21 as a Landmark. The Fort Collins Municipal Railway Society is requesting landmark designation for the Birney. Safety Streetcar #21, which has been restored by the Society. Ownership of the car remains with the City and consent for local landmark designation has been given by the Deputy City Manager. 13. Items Relating to the Fossil+Greek Basin: A. Hearing and First Reading of Ordinance No. 84, 1985, Adopting the Fossil Creek Basin Master Plan and Establishing Storm Drainage Fees for the Fossil Creek Basin. EM August 6, 1985 Approval of this Ordinance will set the fees for the Fossil Creek ' Basin. Development is moving faster than anticipated and the need exists now to begin collecting fees to pay the City share for two storm drainage improvements. B. Hearing and First Reading of Ordinance No. 85, 1985, Appropriating Funds from the Storm Drainage Fund Prior Year Reserves for Transfer to the Capital Projects Fund for the Fossil Creek Basin. This ordinance appropriates $300,000 to the Fossil Creek Basin for anticipated expenditures on the Lemay Avenue bridge at Fossil Creek and an additional crossing on Lemay Avenue south of Portner Reservoir. 14. Hearing and First Reading of Ordinance No. 86, 1985, Appropriating Unanticipated Revenue in the Capital Projects and for the imberline Road Repaving Project to Pay for the Improvements to imberline Road. In January, Larimer County and the City entered into an Intergovernmental Agreement to reconstruct Timberline Road from Harmony Road to Prospect. The agreement stated that the City would do the work, and the County and City would share the $750,000 cost equally, with each paying $375,000. The purpose of this Ordinance is to appropriate the County share into the City's project in order to cover the total project costs. I According to the agreement the City will bill the County upon completion of the work. 15. Resolution Approving the Form of Application for Licensing of Massage Therapists. Section 73-144 of the City's Massage Code provides that the information required of an applicant shall be established by resolution of the City Council. Accordingly, the staff has prepared a form of application to be used for massage licenses, a copy of which form is attached for your review. 16. Resolution Approving an Amendment to the Service Agreement with Westis Fort Collins Water Dtrict. This Resolution would authorize the City Manager to sign an amendment to the existing service agreement with West Fort Collins Water District. Under the amendment, the District agrees to provide service to City customers whose service will be discontinued as a result of the water treatment plant relocation project, the City agrees to treat additional water for the District, and both parties agree to amend the cancellation clause in the agreement from three years to five years. -369- August 6, 1985 17. Resolution Calling upon Larimer Weld Council of Governments to Contact Hank Brown to Assist in Poudre River Trail Project. This Resolution was suggested at a recent joint dinner meeting with the City of Greeley. Larimer Weld Council of Governments Chair, Tom Romero, reported that "both councils were enthused about the project and a consensus was reached that both councils would go back to their respective councils and issue forth a resolution to LWRCOG to move forward in terms of contact with Congressman Hank Brown and do all that is possible to get this project moving." This Resolution implements that suggestion. 18. Resolution Authorizing the City Manager to Approve a Change Order to Increase the mount of Plant Mix Seal Work in the Local Street Maintenance Contract. This resolution authorizes the City Manager to approve a change order to increase the amount of plant mix seal work in the 1985 Local Street Maintenance Contract. This change would be issued to Sterling Paving, this year's contractor, for up to $90,000 to cover all streets that received a chip seal treatment in 1984. Negative comments from residents living on the streets that received chip seals in 1984 have resulted in different types of treatments being tried to provide a surface that would be more acceptable. The only treatments that appear to be acceptable are a plant mix seal or ' an overlay. The plant mix is selected as the corrective treatment because it is the least costly of the two. A plant mix seal will provide a smooth surface that is comparable to a new street, which has been the basis for comparison used by the residents. • The Capital Project Management Control System requires all change orders in excess of $50,000 to be approved by City Council. 19. Resolution Directing the City Engineer to Initiate an Annual Sidewalk Repair and Replacement Program, with aPilot Program Commencing this Fall. This resolution directs the City Engineer to initiate a comprehensive program to improve the sidewalk system within the City. The goals of the program are to construct new sidewalk where none presently exists, bring damaged sidewalk up to good condition by repair",or replacement, and maintain the total sidewalk system in'good conditi'6n. A pilot program will be initiated this fall to install missing sections of walk in the older areas of the City north of Mulberry. Property owners' participation in the program will be on a voluntary basis, with the City paying half the cost -of the improvements as an incentive. The budget for the pilot program is $30,000, and is funded from Streets Minor Capital. -370- August 6, 1985 20. Routine Deeds and Easements The following are routine deeds and easements which require Council approval: a. Easement dedication from Everitt Enterprises - Oakridge. b. Right -of -Way dedication for Cunningham Corners SID (Stover). c. Easement dedication - Prospect Industrial Park (G B Ventures). d. Easements for Northeast Loop Waterline from: 1. Lanham 7. H.W. Rogers & Associates 2. Clement 8. Union Pacific Land Resources Corp. 3. Jordan 9. Giroux 4. Bush 10. M & V Investments 5. K&M Company 11. L & W Supply Corp. 6. Gardner 12. Jacobson e. Right -of -Way dedication for Shields/Horsetooth Road Improvements (Metcalf, Ltd.) Ordinances on Second Reading were read by title by Molly Davis, Deputy City Clerk. Item #5. Second Reading of Ordinance No. 70, 1985, Amending the Code of 1 the City of Fort —Collins Relating to the Prohibition o Unreasonable Noise. Item #6. Second Reading of Ordinance No. 71, 1985, Amending the City's ' Massage Parlor Code. Item #7. Second Reading of Ordinance No. 78, 1985, Appropriating General Fund eserves for ouseho d Hazardous Waste o ection ay. Item #8. Second Reading of Ordinance No. 79, 1985, Authorizing the ssuance of a a es & Use Tax evenue ecurIN to first Interstate Bank of Fort Collins, N.A. in an Amount Not to Exceed 2,000,000 for construction of South Lemay ATenue between orsetooth oad and armony. Item #9. Second Reading of Ordinance No. 80, 1985, Authorizing the ssuance and ale of Industrial Development Revenue onds, ertiE 1985, in the Amount of $460,000 for the Engineering Professionals, Inc. Project. Ordinances on First Reading were read by title by Molly Davis, Deputy City Clerk. Item #10. Hearing and First Reading of Ordinance No. 81, 1985, of the Council of the City of Fort Collins Amending the Local Application Fees for New Liquor and 3.2% Fermented Malt Beverage Licenses and Transfers. -371- August 6, 1985 ' Item #11. Hearing and First Reading of Ordinance No. 82, 1985, Designating the ort Collins Museum, Janis Cabin, untie Stone Cabin, and Upper Boxelder Schoo house as a Tandmark District. Item #12. Hearing and First Reading of Ordinance No. 83, 1985, Designating Fort Collins Birney Safety Streetcar # 1 as a andmark. Item #13. A. Hearing and First Reading of Ordinance No. 84, 1985, Adopting the Fossil Creek Basin Master Plan and Establishing Storm Drainage Fees for the Fossil Creek Basin. B. Heand First Reading of Ordinance No. 85, 1985, Appropriating Funds from the Storm Draina a Fund Prior Year Reserves for Transfer to the Capital Projects Fund for the Fossil Creek Basin. Item #14. Hearing and First Reading of Ordinance No. 86, 1985, Appro- ppriating Unantici ated Revenue in the Capital rojects and for the�lmberline Road Repaving Project to Pay fort e Improvements to ember —in e o—ad . Councilmember Stoner made a motion, seconded by Councilmember Estrada, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, and Stoner. Nays: None. I THE MOTION CARRIED. 0 Resolution Adopting Findings of the Appeal of the Planning and Zoning Board Decision to Deny Preliminary Approval of the Lake Street Village PUD, Adopted Following is the staff's memorandum on this item: "Executive Summar On July 16, 1985, the Council heard an appeal of the June 26, 1985 Planning and Zoning Board decision to deny preliminary approval to the Lake Street Village PUD. The Council voted 5 to 1 to send the preliminary PUD back to the P& Z Board for further review and consideration. Background Lake Street Village PUD is a proposal for 32 units(four 8-plex buildings), enclosed garages, center swimming pool and active open space area on a 3.26 acre site on West Lake Street. -372- August 6, 1985 Council discussion of the appeal indicated that Lake Street Village is a quality in -fill plan and that the opposing Prospect -Shields Neighborhood I Association has legitimate concerns. Council proposed that the applicant and neighborhood continue to work for a compromise solution and therefore voted 5 to 1 to send the Lake Street Village PUD preliminary back to the Planning and Zoning Board for further review and consideration." Councilmember Stoner made a motion, seconded by Councilmember Horak, to adopt Resolution 85-125. Councilmember Knezovich spoke in opposition to the Resolution, stating it does not give direction to the Planning and Zoning Board. Councilmember Estrada spoke concerning development in the Shields -Prospect area and supported the Resolution. Councilmember Clarke supported sending the decision back to the Planning and Zoning Board to provide an opportunity for the developer to work with Planning and Zoning and the neighborhood. Councilmember Stoner supported adoption of the Resolution, which he felt reflects the decision made by Council at the time of the hearing on the appeal. The vote on Councilmember Stoner's motion to adopt Resolution 85-125 was as , follows: Yeas: Councilmembers Clarke; Estrada, Ohlson, and Stoner. Npys: Councilmember Knezovich. Abstain: Councilmember Horak. THE MOTION CARRIED. Resolutions Authorizing Eminent Domain Proceedings for Shields and Horsetooth Road Improvements, Adopted Following is the staff's memorandum on this item: "Executive Summary a. Resolution Authorizing Acquisition by Eminent Domain of Right -of -Way for Shields and Horsetooth'Road Improvements (Clark). b. Resolution Authorizing Acquisition by Eminent Domain of Right -of -Way for Shields and Horsetooth Road Improvements (Warren). The Resolutions authorize the acquisition of two rights -of -way through eminent domain proceedings. Staff has been unable to reach agreements with attorneys representing properties owned by Harl P. and Audria E. Clark, and Gladys Ida Warren for the purchase of R.O.W. needed for the''construction of ' -373- August 6, 1985 Shields and Horsetooth Roads within and adjacent to SID #82. Staff is ' continuing to negotiate for these easements but immediate possession of these R.O.W.s is needed to proceed with construction for completion this year. Background The City has offered $300 for a 600 square foot easement to Gladys Ida Warren based on the highest and best use of the property as determined by the Land Development Guidance System. This small parcel is needed for the anchor pedestal for the traffic signal which will be installed in the southwest corner of Shields and Horsetooth. The attorney representing Mrs. Warren has countered with $3000 which staff feels is excessive. The City has offered $5160 for a 5160 square foot right-of-way to Harl P. and Audria E. Clark based on the highest and best use of the property as determined by the Land Development Guidance System. There has been considerable discussion on this offer between staff and the Clarks' attorney. The Clarks are concerned about receiving assurances that an access be provided their property from Richmond Drive through the Williamsburg PUD which currently is approved as a preliminary PUD. The P&Z Board held a hearing on the extension of the preliminary approval of the Williamsburg PUD on July 24, 1985 and voted to extend the approval to September 24, 1986. One of the requirements of the extension was for the preliminary site plan to show an access easement from Richmond Drive in Williamsburg PUD to serve the Clarks' property. With this requirement, it ' is hoped that the Clarks will sign the agreement to sell the needed right -of -way. Negotiations are continuing at this time with both parties. However, to assure that we have right-of-way in time for construction we are continuing with the eminent domain process. These R.O.W.'s are needed now to insure that construction of Shields Street is completed this year." Land Acquisition Agent Ron Mills summarized the status of negotiations for the property and discussed the access issue on the Clark property. Councilmember Stoner made a motion, seconded by Councilmember Estrada, to adopt Resolution 85-126 (Clark property). Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Resolution 85-127 (Warren property). Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, and•Stoner. Nays: None. THE MOTION CARRIED. -374- August 6, 1985 Resolution Authorizing the City Manager to ' Execute a Second Modification Agreement to the Master Agreement with Anheuser-Busch, Inc., Adopted Following is the staff's memorandum on this item: "Executive Summary The proposed Second Modification Agreement to the Master Agreement with Anheuser-Busch, Inc. provides for changes in the Agreement in regard to the construction of wastewater treatment facilities to be constructed to treat the Anheuser-Busch wastewater. Portions of the facilities would be available for use generally by the Waste Water Utility. Additionally, the Modification Agreement provides for a clarification to the Master Agreement concerning supplemental user fee credits for sales and use taxes which have been ear -marked for other specific projects. The Agreement also provides for supplemental user fee credits on the investment earnings obtained by the City on monies received by the City from A-B for later payment of the debt for A-B improvements. Copies of the proposed Modification Agreement are available for review at the City Clerk's office. Background I. As discussed in previous meetings and at the May 14th City Council Worksession, the staff is recommending that the A-B wastewater treatment design concept be modified. The original design concept , included in the Master Agreement involves utilizing the North Complex at WWTP #2, whereas the new concept which the staff is recommending involves utilizing the South Complex at WWTP #2. The proposed modifications to the Master Agreement consist of deleting all references to the original (North Complex) concept and including appropriate discussion and description of the South complex concept. The following is a summary of both concepts: Original Concept (North Complex) The original concept involves treating 1.4 to 2.8 million gallons per day (mgd) of brewery wastes at A-B's pretreatment facility. The pretreated wastes would then be discharged to the City's WWTP#2- North Complex. Treatment of the"pretreated wastes at the City's facility will require the construction.of facilities for: 1. Sludge thickening. 2. Sludge digestion. 3. Sludge dewatering. 4. Sludge disposal (land application). 5. Additional clarifier capacity (may be required). -375- August 6, 1985 ' In addition to these improvements at WWTP #2, the installation of covers on the trickling filter and clarifiers at WWTP#1 may also be required. New Concept (South Complex) The new concept involves treating 1.2 to 1.8 million gallons per day (mgd) of brewery wastes at the City's WWTP #2 - South Complex and treating the remainder of the brewery wastes at AB's proposed land application facility. Treatment of the 1.2 to 1.8 mgd of brewery wastes at the City's facility will require the following: 1. Upgrading the aeration system and increasing the depth of the primary clarifier, secondary clarifier, and the aeration basin at the South Complex. 2. Construction of sludge thickening, digestion, and dewatering facilities. 3. Construction of sludge composting facilities. The estimated cost of these facilities is $15 to $16 million which will be paid for by A-B via supplemental user fees and base formula calculations. ' The City intends to oversize, on an incremental basis, the sludge thickening, digestion, and dewatering facilities for future City needs. The City's cost to oversize these facilities is estimated at $1.66 million. The staff believes there is sufficient benefit to the City to pursue the new concept and the corresponding modifications to the Master Agreement. These benefits consist of: (1) approximately $2.7 million worth of treatment capacity; (2) approximately $3.7 in savings by oversizing, on an incremental cost basis, the sludge thickening, digestion, and dewatering facilities; (3) greater operation flexibility; and (4) a commitment from A-B to build composting facilities. The Fort Collins Water Board has reviewed and recommended approval of the new concept. II. The original Master Agreement provided that Anheuser-Busch would pay a Supplemental User Fee for the debt service incurred by the,City for certain public improvements to the Anheuser-Busch plant site. In the calculation of the Supplemental User Fee Anheuser-Busch received a credit for "100% of the total of all City use, sales and property taxes which shall have been received by the City during the period of construction ... and to have ended one year after the first production from the plant is shipped for commercial sale." Since the execution of the Master Agreement there have been two sales and use tax increases wherein the revenues were specifically ' pledged to certain public improvements. It is readily apparent that the -376- August 6, 1985 Anheuser-Busch sales and use taxes specifically pledged to other public improvements cannot be used for public improvements at the Anheuser-Busch plant site. As a separate matter, Anheuser-Busch is to pay for the City's debt service to provide the public improvements to the plant site. However, Anheuser-Busch does not receive a credit from the investment earnings on the monies received by the City from A-B, identified for later payment of the debt for A-B improvements. A solution has been negotiated which provides equity to the City and to Anheuser-Busch as follows: 1. Anheuser-Busch will not receive any credit for sales and use taxes which become effective after December 31, 1982, wherein the proceeds of such sales and use taxes are allocated and legally restricted to a specific purpose pursuant to an ordinance establishing such taxes. 2. Anheuser-Busch will receive a credit toward the supplemental user fee for all interest earned on monies received by the City from A-B, identified for later repayment of the debt for A-B public improvements. Currently the restricted sales and use tax revenues and the investment earnings are about equal. The City gains in terms of the sales and use taxes and does not lose on the investment earnings since we would not have had the amounts to invest without the capitalized interest being included in the bond issues. Both the City staff and the Anheuser-Busch representatives agree with the proposed modifications to the Master Agreement. These modifications reflect the current expectations in regard to the Anheuser-Busch project. , The changes in the agreement concerning Wastewater Service provide opportunities to the City which were not available in the original design for wastewater treatment facilities. The changes in the Master Agreement to the section regarding Finance represent clarifications to that portion of the agreement, providing further definition where needed to deal with matters which were not present at the time of the execution of the agreement, that of .increases in sales tax for specific project and investment earnings on monies received for later bond payments. Upon approval of the proposed Resolution, the City Manager would be authorized to execute the Modification Agreement. The most immediate result would be the redesign of the wastewater treatment facilities." City Attorney Huisjen gave a brief overview of the modification agreement. Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Resolution 85-118. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, and Stoner. Nays: None. THE MOTION CARRIED. -377- August 6, 1985 Ordinance Amending the City's Massage ' Parlor Code, Adopted on Second Reading Following is the staff's memorandum on this item: "This ordinance was adopted on First Reading by a 5-1 vote on July 16. The present Massage Parlor Code of the City contains provisions making enforcement difficult. It is recommended that the City Code be changed to conform to the present State Massage Parlor Code and to establish a licensing fee." Assistant City Attorney Paul Eckman highlighted changes to the massage therapist application form, and discussed the State Code. Councilmember Knezovich spoke in opposition to licensing professions such as massage therapists and to legislating morality. Councilmember Clarke made a motion, seconded by Councilmember Estrada, to adopt Ordinance No. 71, 1985 on Second Reading. Councilmember Clarke noted that the State has delegated this licensing to local government because a potential problem exists for massage parlors to be used for illicit purposes. He noted that massage therapists need a license to obtain insurance. Assistant Mayor Ohlson stated the Ordinance was requested by representatives of the massage therapist profession, and one purpose is to eliminate some of the degrading requirements of the current ordinance. The vote on Councilmember Clarke's motion to adopt Ordinance No. 71, 1985 on Second Reading was:as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Ohlson, and Stoner. Nays: Councilmember Knezovich. THE MOTION CARRIED. Resolution Approving the Form of Application for Licensing of Massage Therapists, Adopted Following is the staff's memorandum on this item: "Section 73-144 of the City's Massage Code provides that the information required of an applicant shall be established by resolution of the City Council. Accordingly, the staff has prepared a form of application to be used for massage licenses, a copy of which form is attached for your review." Councilmember Stoner made a motion, seconded by Councilmember Horak, to adopt Resolution 85-120. Yeas: Councilmembers Clarke, Estrada, Horak, Ohlson, and Stoner: Nays: Councilmember Knezovich. ' THE MOTION CARRIED. -378- August 6, 1985 City Manager's Report I City Manager Arnold reported on the success of the Lee Martinez Park Farm. He also reported that Engineering has begun a Road Watch Program to let the public know about road construction problems. Councilmembers' Reports Councilmember Estrada commented on the potential for nuclear destruction and reflected on the use of the A-bomb at Hiroshima. Councilmember Horak reported that a public meeting was scheduled at the Lincoln Center at 7:30 p.m. on the Poudre River Study. Councilmember Knezovich commented on litigation relating to the MX missile and environmental studies. Citizen Participation A. Proclamation Designating Horizon '85 Days was read by Assistant Mayor h son and reciv eed by onia osario on behalf of Camp Fire, Inc. Resolution Authorizing an Intergovernmental ' Agreement with Larimer County Pertaining to the Corridor, Adopted Following is the staff's memorandum on this item: "Executive Summary Following the conclusion of the Corridor Task Force, City Council, the County Commissioners and the Loveland City Council met on June 3rd, 1985 to finalize plans for the Corridor. The Intergovernmental Agreement reflects the approach aoreed upon at that meeting and formalizes the County's commitment to contribute funds for acquisition of the Corridor. Background The Corridor Agreement between the City of Fort Collins and Larimer County formalizes a mutual commitment to acquire the Corridor. The basic terms of the agreement include that the City will attempt to enact a 1/4 cent five year sales and use tax on non-food items for acquisition and development of L'he Corridor, and that once such a sales tax is approved, the County will contribute at least $100,000 annually for five years. 1 -379- August 6, 1985 This Agreement represents a significant first step in the City's efforts to implement a Corridor program and is crucial to the success of passing a sales tax." Councilmember Stoner made a motion, seconded by Councilmember Horak, to adopt Resolution 85-128 with an amendment in the fourth WHEREAS clause to change the word "food" to "non -grocery". Councilmember Stoner commented on the purpose of the agreement and the corridor committee's work. Councilmember Knezovich suggested that the name should be changed from "Fort Collins -Loveland Corridor" to "Fort Collins Corridor". City Manager Arnold stated that a proposed agreement with Loveland would reserve Loveland's right to participate in the project at a later date. Councilmember Knezovich asked how many acres would be purchased and what is the estimated fair market value. Assistant Mayor Ohlson stated the Corridor Committee estimates 2,416 acres with an estimated cost of $3.8 to $6.5 million. Councilmember Knezovich noted the average cost per acre at the high figure would be $2,690 and suggested that the fair market value could be as high ' as $15 million. He asked how much revenue would be sales tax on non-food items for the next five years, generated with a assuming a 10% 1/4¢ rate of growth, in sales and use taxes. Acting Community Development Director Linda Hopkins stated that the tax on non-food items would generate approximately $10 million over five years. Councilmember Stoner noted that the agreement with the County has a sunset clause in the event the City does not enact a sales tax. Assistant Mayor Ohlson noted the Resolution authorizes an agreement with the County and does not enact a sales tax. Lynn Hammond, attorney representing the corridor owners, expressed concerns about whether sufficient revenue will be available to purchase the property. He estimated that the cost could be higher than $11 million, and stated that funding from both the County and Loveland will,be needed. Councilmember Stoner noted that a formal fee appraisal will need to be made, and that if sufficient funds are not available the corridor could be shortened. Councilmember Estrada asked about Loveland's commitment to the corridor. Bart Vratil, 1401 Shamrock, asked about the purpose of the corridor. He ' stated the citizens cannot afford it, and he opposed the sales tax. Im August 6, 1985 Councilmember Knezovich stated the main purpose of the corridor is to maintain the individual identities and a visual separation for Front Range cities. Bruce Lockhart, 2500 East Harmony Road, asked if the agreement with the County would lock the City into a 1/40 sales tax and stated the tax should be placed on a ballot. He suggested using lottery money for the corridor, or raising money though private donations. Assistant Mayor Ohlson stated the Resolution expresses the City's intent to work with the County, and the agreement states the City's intent to work toward a 1/4% sales tax. Alan Apt, 2301 Sheffield Drive, supported the Resolution and stated the community supports open space and the corridor. Dick Albrecht, Executive Vice -President of the Chamber of Commerce, stated the corridor is a priority for the Chambers of both Fort Collins and Loveland. He encouraged enactment of a sales tax without placing it on a ballot, stating that widespread community support for the corridor will be demonstrated through a petition drive. He noted the corridor could be cut back if sufficient funds are not generated for the entire project. Arlen Stokes, Larimer County Administrator, stated the Board of County Commissioners has passed a Resolution in support of the corridor and expressed a commitment to provide $100,000 per year for five years from ' lottery funds. Bart Vratil asked about projected sales tax revenue to cover other City expenditures and about population and industry projections. City Manager Arnold stated the Council is concerned with cutting costs and holding the line on ,taxes. He noted that part of the current sales tax will sunset in five years. Councilmember Knezovich expressed the concern that the citizens understand what will be needed to accomplish the project. He estimated that the acreage could cost $5,000'to $6,000 per acre, with a total cost of $12.5 to $15 million. He stated'a 5% growth rate is realistic, and a 5% growth rate with a tax on groceries would generate $11.5 million. He stated the corridor is not worth the investment if significant cutbacks will need to be made because of insufficient revenue. Sufficient funding would be possible only if all items are taxed. He opposed the Resolution, while endorsing the corridor concept. Councilmember Estrada noted that a commitment from Loveland is needed and opposed the Resolution. Councilmember Stoner stated that the actual cost will be under $10 million and noted that Loveland cannot commit funds at this time. 1 -381- August 6, 1985 ' Councilmember Clarke spoke in support of the Resolution. Councilmember Horak noted that sales tax is generated from all persons who buy in Fort Collins, not just Fort Collins residents. He spoke concerning the possibility of leasing the property for some uses, which would generate revenue for the City. He stated implementation of a corridor would also encourage the schools to work toward a logical school district boundary. Assistant Mayor Ohlson spoke in favor of the corridor and stated that the corridor would be an economic development tool. He emphasized the intent is to pay fair market value. The vote on Councilmember Stoner's motion to adopt Resolution 85-128 with the amendment was as follows: Yeas: Councilmembers Clarke, Horak, Ohlson, and Stoner. Nays: Councilmembers Estrada and Knezovich. THE MOTION CARRIED. Councilmember Stoner made a motion, seconded by Councilmember Knezovich, to direct staff to prepare a proposed sales tax ordinance relating to the corridor for the September 3 meeting as the basis for a public hearing. Councilmember Knezovich asked whether the proposed ordinance would include a tax on grocery items. ' Councilmember Stoner stated the ordinance would not include a tax on groceries. Councilmember Horak asked if the decision whether to refer the ordinance to the public would be made on September 3. Councilmember Stoner suggested that the public hearing be held on September 3 and any action would be taken at a later date. Councilmember Ohlson noted that an election could be held in early to mid -November if one is called. City Manager Arnold stated that at least 60 days would be required after first reading of an ordinance calling an election to make the needed preparations. The vote on Councilmember Stoner's motion to direct staff to prepare a proposed sales tax ordinance was as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich., Ohlson, and Stoner. Nays: None. THE MOTION CARRIED. -382- August 6, 1985 Resolution Directing the City Manager to Award Bid Package #5 and Continue with the Indoor Pool/Ice Arena, Adopte Following is the staff's memorandum on this item: "Executive Summary The bids for Package #5 were $53,087 less than estimated. Attachment #1 shows the current summary of project costs-- both known and estimated. The figures show that the project is now $26,908 below our estimate. That money is reflected in an increased project contingency-- going from $548,298 to $575,206. This amounts to a total project contingency of 7%. The Construction Manager continues to be of the opinion that the market will be favorable for the remaining bid packages. This information supports continuation of the project as currently proposed. Background On July 2, the Council directed the Staff to modify the project scheduling for the Indoor Pool/Ice Arena. This modification included delaying the awarding of footings/foundations/structural steel bid packages until the Council had an opportunity to review the Project further. This review would occur on August 6, 1985. The bid packages that had already been received--overlot grading, utilities, bridge over Spring Creek, site concrete, paving, hollow metal frames (material only), brick (material only) were to continue. If the Council was not comfortable with the project after reviewing the footings/foundations/structural steel bids, they could delay the awarding of the bids another forty-five days beyond the normal requirement, and review the total package in October, 1985. Council would then have the certainty of knowing the actual construction costs, eliminating the concern we are getting overcommitted before knowing the total amount. This additional delay until October, 1985, could increase the cost as much as $125,000 and delay the construction until May, 1987. Bids have now been received on the footings/foundation/structural steel. All the bid packages are itemized in the enclosed Attachment #2. Bid packages 1-5 represent 38% of the total project cost. The footings/foundation/structural steel package contains five deduct alternates. Based' on the information in Bid Package #5, we now estimate the potential cost reductions as follows: Alternate 1. Delete meeting room and kitchen 2. Delete therapeutic pool and wading pool 3. Delete skylights Cost $ 75,.000 37,'5bO . 30,000 -383- August 6, 1985 4. Delete solar collector framing 30,000 5. Reduce seating to total of 1000 140,000 TEE, 5 00 The remaining packages #6 & #7 will be received in September 1985, and ready for issuance in October, 1985. At this time Council has the following options: a) Award all bid #5 and continue as planned b) Award bid #5 but eliminate one or more of the deduct alternates. c) Do not award bids at this time. Wait until October, 1985. Finally, Council would also have the option in October to delete some or all of the following without altering the design. 1. Transferring payment of $133,600 development fees. 2. Office Equipment 21,300 3. Capital Tools & Equipment 396,100 ' 4. 5. Elevator Equipment Ceramic tile on pool deck 35,000 45,000 TOTAL $631,000 CONCLUSION In short, we can now say that we have hard figures on 38% of the projected costs. At this point we are slightly below the estimate, allowing the contingency to grow to $575,206. In addition, the 5 year revenue projections show a cash balance of $593,000 in 1990. Thus, it would take a combination of events (reduced revenues, high bids on packages #6 & #7, other unanticipated problems) totalling over $1 million before the project would exceed the revenues authorized by the 1/4 cent sales tax vote. Conversely, if everything went smoothly (which seldom happens) that money would be available to•offset 0 & M costs." City Manager Arnold summarized the available options. Councilmember Horak made a motion, seconded by Councilmember Clarke, to adopt Resolution 85-129 with Option A (Direct the City Manager to award Bid -384- August 6, 1985 Package H5 - footings, foundation and structural steel - with no deductions and continue as planned). Luke Santangelo, 708 Smith, supported adoption of Option A. Bruce Lockhart, 2500 East Harmony Road, spoke against Option A and in favor of Option C, with cutbacks to be made. Councilmember Clarke stated that the facility has been planned to meet the needs of the citizenry and spoke against making cuts. Councilmember Estrada stated that the delete options will not cut the cost significantly and supported the concept of a southside community center that would be accessible to all populations in the city. Councilmember Stoner stated that the proposed seating capacity is more than the facility needs and proposed cutting the total seating to 1000. Councilmember Knezovich supported cutbacks in the scale and cost of the facility. Councilmember Stoner made a motion, seconded by Councilmember Knezovich, to amend the motion to approve Option B (Direct the City Manager to award Bid Package H5 with a reduction in seating to 1000). Councilmember Clarke noted that cutting the seating capacity would limit useage of the facility. I Councilmember Knezovich noted that other agencies with similar facilities do not often attract large crowds. Councilmember Horak noted the facility will have spin-off benefits for the community, and he opposed cuts to the facility. The vote on the motion to amend the main motion was as follows: Yeas: Councilmembers Knezovich and Stoner. Nays: Councilmembers Clarke, Estrada, Horak, and Ohlson. THE MOTION FAILED. The vote on Councilmember Horak's motion to adopt Resolution 85-129 with Option A was as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Ohlson, and Stoner. Nays: Councilmember Knezovich. THE MOTION CARRIED. -385- August 6, 1985 Ordinance Authorizing an Interfund Loan from ' the Water Fund to Provide Construction Monies for the Natatorium and Ice Arena until Other Financing is Obtained, Adopted on First Reading Following is the staff's memorandum on this item: "Executive Summary This Ordinance provides construction monies for the Natatorium and Ice Arena as needed for progress payments until other financing is obtained so as not to hold up construction. Background Staff has been waiting until the total construction cost of the Natatorium and Ice Arena was authorized before proceeding with its debt financing. We now need to provide monies for construction contracts. We are working with local banks on interim financing but were unable to put a deal together in time for the August 6th award of the construction contracts. Instead of holding up the construction we recommend using a draw down interfund loan from the Water Fund to provide monies needed for progress payments until either interim or permanent financing is obtained. The Water Fund has these monies designated for future capital improvements. We will pay interest on drawn monies equal to what the fund would have made had the monies been invested. Interest expense to the Natatorium and Ice Arena ' Project will be higher than what we could obtain from outside borrowing and therefore we do not want to use the interfund monies any longer than necessary; and in no event longer than six months. Today 80% of Prime is 7.6% and our short term investments are yielding about 8%. As of June 30 we have collected $441,500 in Sales and Use Taxes and have expended $260,700 on the Project. We currently have an outstanding interfund loan from the Water Fund for the Acquisition of Block 31. We will be retiring that loan this fall with permanent financing in the form of Sales and Use Tax Revenue Bonds. As soon as the final cost of the facility is determined we will issue the permanent financing. In practice, we do not expect to draw down more than $500,000 in the next 30 - 60 days'. Interim financing through a local bank should be obtained within that time. We prefer not to use interfund loans; however, instead of holding up construction and since the Water Fund will not be harmed, we recommend adoption of this Ordinance." City Manager Arnold stated the purpose of the Ordinance is to meet Charter requirements. M91932 August 6, 1985 Bruce Lockhart, 2500 East Harmony Road, asked about the dollar amount of the loan and questioned borrowing from the Water Fund. Finance Director Jim Harmon stated the loan is open-ended since interim financing will be in place within 30 days. Bart Vratil, 1401 Shamrock, asked about the amount of the loan. Councilmember Horak stated that it is anticipated that no more than $500,000 would be loaned from the Water Fund. Councilmember Horak made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 87, 1985 on First Reading. Yeas: Councilmembers Clarke, Estrada, Horak, Ohlson, and Stoner. Nays: Councilmember Knezovich. THE MOTION CARRIED. Adjournment Councilmember Stoner made a motion, seconded by Councilmember Horak, to adjourn the meeting. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, and Stoner. Nays: None. The meeting adjourned at 10:25 p.m. City Cleric',k 1 Pi -387-