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HomeMy WebLinkAboutMINUTES-11/19/1985-RegularNovember 19, 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, November 19, 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, Rutstein, and Stoner. Staff Members Present: Shannon, Huisjen, Krajicek, Lewis Agenda Review: City Manager Interim City Manager Rich Shannon noted there had been revisions to four items on the agenda: Item #13, Items Relating to the Conversion of CBT Water Held Under Temporary Use Permits with the Northern Colorado Water Conservancy District to a Permanent Class B Contract; Item #15, Hearing and First Reading of Ordinance No. 146 1985 Appropriating Prior Reserves and Unanticipated Revenue in Various Funds and Transferring Appropriations Between Funds; Item #25, Resolution Adopting Findings of the Appeal of the Zoning Board of Appeals Deciston to Uphold the Administrative Decision that Larimer County Alcohol Services Does Not Meet Conditions Set Forth on the Approved Plan for 1415 and 1417 South College Commercial iUD; and Item #30, Resolution Appointing an Economic Development Task Force Councilmember Ohl son asked that Item #16, Resolution Approving a Professional Services Agreement with Municipal Code Corporation for Codification Services, and Item #19, Resolution Accepting the Improvements and Ordering Notice of Assessment in Landmark Special Improvement District No. 80, be withdrawn from the Consent Calendar. Councilmember Horak asked that Item #23, Acceptance of the Canvass of the November 5, 1985 Special City Election, be removed from the Consent agenda. Consent Calendar - This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #32, 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. -65- November 19, 1985 4. Approval of the Minutes of the Regular Meeting of October 15 and the 5. Tabling of Items Pertaining to the Revision of Ch r,,,o )ter 3A of the Ci A. Tabling of the Second Reading of Ordinance No. 131, 1985, Repealing & Re-enacting Chapter 3A of the Code of the City of Fort Collins Regarding Appeals Procedure. B. Tabling of the Second Reading of Ordinance No. 132, 1985, Making Changes to the Code of the City of Fort Collins to Bring Various Chapters of the Code in Conformity with Chapter 3A. Staff is asking that these two ordinances be tabled until December 3 to allow more time to update those persons who have expressed interest in this process and to receive input from the mailing to past appellants. These ordinances were unanimously adopted on First Reading on November 5. The procedure for appeals to City Council from the decisions of certain boards and commissions.of the City is contained in Chapter 3A of the City Code. In order to remove some existing ambiguities and inconsistencies and to expound upon the desired procedure for appeal, a revision of Chapter 3A is being proposed. In addition, Council is being asked to consider complementary changes in other chapters of the Code that relate to the affected boards and commissions, so that all references within the Code to a right of appeal will incorporate the procedure described in Chapter 3A. 6. Second Reading of Ordinance No 134 1985 Appropriating $54,000 of Unanticipated Revenue in the Cultural Services Fund. This ordinance was unanimously adopted on First Reading on November 5. Because of booking additional sponsored productions, the Performing and Visual Arts Division of the Cultural Services & Facilities Fund will need an additional appropriation of $54,000 in 1985. The additional $54,000 will be offset with $54,000 in revenues generated from the additional programs in 1985, and will not affect the subsidy needed by the Department from the General Fund. 7. Second Reading of Ordinance No. 135, 1985, Vacating all Easements on the Replat oLas 1 and 2 Timberline Apartmef Lnts PUD This ordinance was unanimously adopted on First Reading on November 5 and is a blanket vacation of easements in the Timberline Apartments PUD. This parcel was recently approved as Timberline Village PUD, a single family residential area. All necessary easements have been established in their revised alignments. The utilities have no problem with the vacation. -66- November 19, 1985 8. Hearing and Second Reading of Issuance of Industrial Develo Principal Amount of $600.000 i Ordinance No. 136, 1985, Relating to the )ment Revenue Bonds, Series 1985, in the or Mountain Avenue Plaza Associates. This Ordinance was unanimously adopted on First Reading on November 5 and provides for the issuance of $600,000 in Industrial Development Revenue Bonds, 1985, for Mountain Avenue Plaza Associates for the purpose of the acquisition, re -development and renovation of two buildings on West Mountain Avenue. The developing partnership intends to return the store fronts of the buildings to their original appearance and create a covered pedestrian accessway from Mountain Avenue to the parking lot on the north. 9. Second Reading of Ordi 10. 0 ,nt Kevenue or Tulakes 37, 1985, Relating to the Issuance of onds, Series 1985, in the Principal sociates. This Ordinance, adopted unanimously on First Reading on November 5, provides for the issuance of $920,000 in Industrial Development Revenue Bonds, 1985, for Tulakes Associates for the purpose of financing improvements relating to the construction of a 10,500 square foot building addition devoted .to offices, research and manufacturing facilities for the production of ion beam power supplies and related components. ems Relating to the Creation and Fi provement District No. 87. ing of Greenbriar Special A. Second Reading of Ordinance No. 139, 1985, Relating to the Creation of Special Improvement District No. 87. B. Second Reading of Ordinance No. 140, 1985, Authorizing the Issuance of a Special Assessment Bond in the Principal Amount of $1,640,000. C. Second Reading of Ordinance No. 141, 1985, Appropriating Funds to Pay the Required City Costs. These ordinances were unanimously adopted on First Reading on November 5. This proposed S.I.D. is located west of Lemay, north of Conifer and east of Redwood in the northeast quadrant of the City on land owned by First Interstate Bank of Fort Collins, N.A. It includes some improvements in place and improvement necessary to complete the development of the site to make it marketable. Second Reading of Ordinance No. 142, 1985, Authorizing the Issuance of Downtown Develo ment Authorit Tax Increment Refunding Bonds at a Principal Amount Approximately Equal to 8.885.000. This Ordinance was unanimously adopted as amended on First Reading on November 5. The new bonds of $8,885,000 will retire in their entirety the 1984 DDA bonds of $8,200,000. The refunding is being undertaken -67- November 19, 1985 to reduce the interest cost of the DDA debt and to clarify some of the covenants concerning pledged revenue. 12. Second Reading of Ordinance No. 143, 1985, Authorizing the Issuance of Sewer Revenue Refunding and Improvement Bonds in an Approximate Principal Amount of $30.715.000. This bond ordinance, which was unanimously adopted as amended on First Reading on November 5, refunds all of the Sewer Revenue Bonds of the City. Additionally $15,480,000 of the new bonds are to provide funding for the improvements to Wastewater Treatment Plant II in accordance with the Second Modification Agreement to the Master Agreement between the City and Anheuser-Busch. 13. Items Relating to the Conversion of CBT Water Held Under Temporary Use Permits with the Northern Colorado Water Conservancy District to a Permanent Class B Contract. A. Resolution for Application to Northern Colorado Water Conservancy District for Cancellation of Temporary Use Permits. B. Hearing and First Reading of Ordinance No. 144, 1895, Applying and Contracting for Beneficial Use of Water on Behalf of the City of Fort Collins, a Municipal Corporation, and Prescribing the Terms for Application for an Allotment of Water to Said City of Fort Collins by Northern Colorado Water Conservancy District. This resolution and ordinance is needed to apply for the transfer of 616 acre-foot units of Colorado -Big Thompson (CBT) Project water held by Fort Collins under Temporary Use Permits to a permanent Class B Contract. The Northern Colorado Water Conservancy District (NCWCD) requires that Temporary Use Permits be converted to a permanent Class B Contract after a period of five years. 14. Hearing and First Reading of Ordinance No. 145 1985 Amending the Code Relating to Registration of Municipal Electors. Provisions of the new "Motor Voter" law have gone into effect and City Ordinance must be amended to make the Code consistent with state law concerning voter registration deadlines. , In the past, the voter registration deadline was 32 days prior to the election. "Motor Voter" changed some statutes to extend the voter registration deadline to 25 days prior to an election, although the 32 day residency requirement remains in effect. This Ordinance would make the Code consistent with the new statutes. 15. Hearing and First Reading of Ordinance No. 146, 1985 Appropriati Prior Reserves and Unanticipated Revenue in Various Funds a Transferring Appropriations Between Funds. As part of the 1986 budget process, we have identified various funds which require a supplemental appropriation for 1985 expenditures. The M" November 19, 1985 Background Summary explains what each appropriation is for and how the appropriation is being financed. 16. Resolution Approving a Professional Services Agreement with Municipal Code Corporation for Codification Services. The Resolution approves a Professional Services Agreement with Municipal Code Corporation for codification and supplementation services for the City Code book. Four proposals were received and were reviewed by a staff committee, which recommends that the agreement be entered into with Municipal Code Corporation of Tallahassee, Florida. Funds are budgeted in 1985 and 1986 for this codification project which will be completed by October 1, 1986. This project has grown out of Council's goal to undertake a thorough review of the City Code. The City Code has not been recodified since 1972. The cost for the professional services to be provided by Municipal Code Corporation is more than $20,000 which makes Council approval of the agreement necessary. 17. Resolution Making Appointments to Various Boards and Commissions. 18. Vacancies currently exist on the CHOICE Advisory Board, Personnel Board, Senior Citizens Board, and the Water Board due to the resignations of David Carvill, Sue Tims, Barbara Kienholz, and Morton Bittinger. The individual Council liaison representatives reviewed the applications on file and conducted interviews where necessary. In keeping with Council's new policy, recommendations for these appointments were announced on November 5. The appointments were tabled to November 19 to allow an additional two weeks for public input. Prospective appointees are as follows: CHOICE - Kathryn Holbrook Personnel Board - Sandi Evenson Senior Citizens Board - Patricia Raco Water Board - John Scott Ray Herrmann, alt. Resolution Authorizing the Mayor to Approve the Assignment to the City of an Agreement Between the Union Pacific Railroad Company and Larimer County for a Concrete Drainage Pipeline on the Railroad Riaht-of-wav_ In 1969 Larimer County entered into an agreement (Number CD-50973) with the Union Pacific Railroad authorizing the placement of a concrete drainage pipeline in the railroad right-of-way on Prospect Road approximately 1/4 mile west of Timberline Road. This drainage tile carrier drains waters from Prospect Road to Spring Creek. Since the time of the original agreement, the area has been annexed by the City. The attached resolution accepts the assignment of the original agreement from the County and identifies the City as the party -69- November 19, 1985 responsible for maintenance of the pipeline. Staff sees the maintenance of this system to be minimal. There are no fees associated with the assignment. 19. Resolution Accepting the Improvements and OrderingNotice of Assessment in Landmark Special Improvement District No. 80. In October of 1983, Council established the Landmark Special Improvement District No. 80. This was established to allow for construction of street, water line, sanitary sewer line and storm drainage improvements in the District. The City is now prepared to close out the district. In accordance with Chapter 16 of the City Code, preparation of a statement of cost, assessment roll, notice to be sent to property owners and assessment ordinance have been completed. Once the resolution is passed, the City Clerk will have a written notice published in the Coloradoan and will send an individual notice to the property owner. This will notify the owner of the cost of improvements, the portion to be paid by the City and the hearing date of the assessment ordinance. (January 7, 1986) 20. Resolution Authorizing the City Manager to Enter into an Agreement for the Purchase of Open Space Land in the Foothills. A parcel of open space land located in the foothills west of town has become the "keystone" acquisition in planning for the Foothills Trail. The land covers 120 acres near the north end of Horsetooth Reservoir and is owned by the Campeau family. It allows for a trail corridor and provides solutions for the concerns of neighboring landowners and future trail users. In addition to the potential for trail development, the parcel is an attractive open space which scores highly under the criteria for acquisition priorities set forth by Council's Open Space Subcommittee. The Campeaus are willing to sell. The Parks and Recreation Board is recommending purchase of the parcel. 21. Tabling of Resolution Approving the Stuart.Urban Growth Area Bounda Amendment to Include 80. Acres Located South of Horsetooth Road a One -Half Mile East of Taft Hill Road. The Resolution was tabled to this date on November 5. The applicant, Kimbel J. Stuart, is requesting an amendment to the Fort Collins Urban Growth Area boundary to include approximately 80 acres located south of Horsetooth Road and one-half mile west of Taft Hill Road. This area was part of the larger Foothills Area UGA boundary amendment request that was not approved at the City Council meeting of November 5. Staff recommends that the Resolution be tabled to December 3 to allow preparation of additional material on the item. -70- November 19, 1985 22. Motion accepting a donation from Dr. and Mrs. Everett Salyer of approximately 24 acres of open space land along the Poudre River adjacent to Legacy Park. In May of this year, staff received a letter from Mr. Stanley Burd of Burd and Osborne representing Dr. and Mrs. Everett Salyer who reside in Kansas City, Kansas. Mr. Burd was authorized by the Salyers to offer their 24 acres of property along the Poudre River adjacent to Legacy Park as a donation to the City of Fort Collins. The Salyers have also agreed to pay any taxes due on the property at time of closing and have paid for the title insurance policy. This is an excellent piece of open space land to add to our system. The City Attorney's Office has reviewed the deed and found it acceptable. The Parks and Recreation Board supports acceptance of this donation. The appraised value of the site is $75,000. 23. Acceptance of the Canvass of the November 5 1985 Special City Election. The Agenda Item Summary includes the abstract of votes cast at the Special City Election held on November 5 relating to the referred ordinance on the corridor sales tax. The Election Board has completed the canvass and certification process for the election. Council is asked to accept the canvass and election results. Total Ballots Cast at the Election: 12,800 Total Registered Voters: 44,762 For the Ordinance: 3,914 Against the Ordinance: 8,815 Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. A. Tabli Item #6 Repea Fort B. Tabli Makin Bring 3A. of the Second Reading ng & Re-enacting Chapter llins Regarding Appeals Second Readi of Unantici❑ Item #7. Second Readi on the Repla f Ordinance No. 131, 1985 1 of the Code of the City o )cedure. of the Second Reading of Ordinance No. 132, 19", hanges to the Code of the Cityof Fort Coll ins to •ious Chapters of the Code in Conformity with Chapter lg of Ordinance No. 134 1985 Appropriating $54 000 itPd Ravanua in the riiltnral Corvirnc Fiinri Ordinance No. 135, 1985, Vacating all Easements -71- November 19. 1985 Item ,#8. Hearing and Second Reading of Ordinance No. 136, 1985, Relating to the Issuance of Industrial Development Revenue Bonds Series 1985, in the Principal Amount of $600,000 for Mountain Avenue Plaza Associates. Item #9. Second Reading of Ordinance No. 137, 1985, Relating to the Issuance of Industrial Development Revenue Bonds Series 1985 in the Principal Amount of $920,000 for Tulakes Associates. Item #10. A. Second Reading of Ordinance No. 139, 1985, Relating to the Creation of Special Improvement District No. 87. B. Second Reading of Ordinance No. 140 1985 Authorizing the Issuance of a Special Assessment Bond in the Principal Amount of $1.640.000. C. Second Reading of Ordinance No. 141 1985 Appropriatin Funds to Pay the Required City Costs. Item #11. Second Reading of Ordinance No. 142 1985 Authorizing the Issuance of Downtown Development Authority Tax Increment Refunding Bonds at a Principal Amount Approximately Equal to Item #12. Second Reading of Ordinance No. 143 1985 Authorizing the Issuance of Sewer Revenue Refunding and Improvement Bonds in an Approximate Principal Amount of $30 715 000. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #13. B. Hearing and First Reading of Ordinance No. 144, 1895, Applying and Contracting for Beneficial Use of Water on Behalf of the City of Fort Collins a Municipal Corporation and Prescribing the Terms for Application for an Allotment of Water to Said City of Fort Collins by Northern Colorado Water Conservancy District. Item #14. Hearing and First Reading of Ordinance No. 145 1985 Amending the Code Relating to Registration of Municipal Electors. Item #15. Hearing and First Reading of Ordinance No. 146, 1985, Appro- priating Prior Reserves and Unanticipated Revenue in Various Funds and Transferring Appropriations Between Funds. Councilmember Clarke made a motion, seconded by Councilmember Estrada, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Clarke, Estrada, Hurak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. -72- November 19, 1985 Ordinance Rezoning Property Known as the Center for Advanced Technology, Adopted on Second Reading Following is the staff's memorandum on this item: "This Ordinance was adopted on First Reading on November 5 by a 6-0 vote (Councilmember Estrada withdrawn) and rezones individual parcels, as requested by the applicant; each rezoning would be conditioned upon planned unit development. This is a request to rezone a total of approximately 147.48 acres. Approximately 38.94 acres will be rezoned from the T-Transition Zoning District and the R-L, Low Density Residential, Zoning District to B-P, Planned Business District. Approximately 108.54 acres will be rezoned from the T-Transition Zoning District to the I-P, Industrial Park District. All properties are located in the Northeast 1/4 Section and Southeast 1/4 Section of the square mile bounded by Prospect Road, College Avenue, Drake Road and Shields Street in an area to be developed into the Center for Advanced Technology. An additional 90.51 acres will remain in the T-Transition Zone. The total project covers approximately 237.99 acres. The applicant is the Colorado State University Research Foundation, c/o ZVFK Architects/Planners, 11 Old Town Square, Fort Collins, CO." Councilmember Estrada asked that the record show he did not participate in the discussion or'vote on this item. Councilmember Stoner made a motion, seconded by Councilmember Knezovich, to adopt Ordinance No. 138, 1985 on Second Reading. Yeas: Councilmembers Clarke, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None (Councilmember Estrada withdrawn). THE MOTION CARRIED. Resolution Adopting Findings of the Appeal of the Zoning Board of Appeals Decision to Uphold the Administrative Decision that Larimer County Alcohol Services Does Not meet Conditions Set Forth on the Approved Plan for 1415 South College Commercial PUD, Adopted Following is the staff's memorandum on this item: "Executive Summary On November 5, 1985, the Council heard an appeal of the October 10, 1985 Zoning Board of Appeals decision which upheld an administrative decision made by the Community Development Department that the proposed use of 1415 South College Avenue by Larimer County Alcohol Services did not comply with the conditions for use incorporated in the 1978 approval of the 1415 & 1417 -73- November 19, 1985 South College Commercial PUD. The Council voted 6 to 0 to sustain the ZBA decision, thereby denying the proposed use. (Councilman Stoner withdrew because of a conflict of interest.) Background The 1415 & 1417 South College Commercial PUD was approved by the Planning and Zoning Board on August 14, 1978. That approval allowed professional office use in each of the two existing residential structures with the following conditions: o Type of business restricted to professional offices as defined by the City of Fort Collins Zoning Code - excluded uses being medical, dental and real estate (office or clinic). o Vehicular trips per day to either building not to exceed an average of 20 including employees. The proposed use of 1415 South College by Larimer County Alcohol Services was rejected administratively by Community Development staff because of non-conformance to the trip generation restriction and the overall intent of the restrictions placed on the property by the Planning and Zoning Board. Larimer County Alcohol Services appealed the administrative decision to the Zoning Board of Appeals. ZBA upheld the decision by a vote of 4 to 0. The ZBA decision was subsequently appealed to the City Council. Council considered input from the applicant, staff and neighborhood and found that the Zoning Board of Appeals decision should be sustained. The Council directed the staff to assist Larimer County Alcohol Services in locating an appropriate new location." Councilmember Stoner asked the record to show he did not participate in the discussion or vote on this item. Councilmember Knezovich made a motion, seconded by Councilmember Ohlson to adopt Resolution 85-218. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, and Rutstein. Nays: None (Councilmember Stoner withdrawn). THE MOTION CARRIED. City Manager's Report Interim City Manager Rich Shannon called CounciI's attention to a meritorious service award received by Parks and Recreation Director H.R. Phillips from the National Parks and Recreation Association. -74- November 19, 1985 Councilmembers' Reports Councilmember Knezovich reported on the parking amnesty program to be initiated by the City and the free parking validation program to be instituted in the downtown area over the holidays. Councilmember Estrada reported on the upcoming trip to Fairfield, California to tour the Anheuser-Busch brewery and several spin-off industries. Councilmember Ohlson commended Utilities General Manager Bill Carnahan and the Light and Power Utility for their continued commitment to energy conservation. He also spoke of the construction inspection request line recently installed in Engineering. Councilmember Stoner reported on the City of Loveland's proposal for annexing in the Fort Collins/Loveland Airport area. Mayor Rutstein commented on the 24-acre Salyer donation along the Poudre River adjacent to Legacy Park, noting it was valued at approximately $75,000. She also noted that this was the second time that Parks and Recreation Director H. R. Phillips had won the award from the National Parks and Recreation Association. Resolution Approving a Professional Services Agreement with Municipal Code Corporation for Codification Services Adopted Following is the staff's memorandum on this item: "Executive Summary The Resolution approves a Professional Services Agreement with Municipal Code Corporation for codification and supplementation services for the City Code book. Four proposals were received and were reviewed by a staff committee, which recommends that the agreement be entered into with Municipal Code Corporation of Tallahassee, Florida. Funds are budgeted in 1985 and 1986 for this codification project which will be completed by October 1, 1986. This project has grown out of Council's goal to undertake a thorough review of the City Code. The City Code has not been recodified since 1972. The cost for the professional services to be provided by Municipal Code Corporation is more than $20,000 which makes Council approval of the agreement necessary. Background Proposals were opened on October 11 for analysis, revision and reorganization of the City Code. Requests for proposals were mailed to five firms, and four proposals were received. The firms submitting proposals were: -75- November 19, 1985 o Municipal Code Corporation o General Code Publishers Corporation o Sterling Codifiers o Book Publishing Company A staff review committee composed of City Clerk Wanda Krajicek, Deputy City Clerk Molly Davis, ICS Director Pete Dallow, City Attorney John Huisjen, and Purchasing Agent Jim O'Neill reviewed the proposals and is recommending that the contract be awarded to Municipal Code Corporation. Following is a breakdown of costs included in the contract negotiated with Municipal Code Corporation: Item Amount Code analysis and review $ 6,000 Editorial, indexing and printing 19,600 Binders and Tabs 3,150 TOTAL $ 28,750 Supplementation $ 22/page Interim Supplementation 14/page Funds are budgeted in the City Clerk's budget for 1985 and 1986 for codification services." Councilmember Knezovich made a motion, seconded by Councilmember Stoner, to adopt Resolution 85-214. Councilmember Ohlson pointed out that this action was long needed and noted he wanted to call the public's attention to this effort. The vote on Councilmember Knezovich's motion to adopt Resolution 85-214 was as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein and Stoner. Nays: None. THE MOTION CARRIED. Resolution Accepting the Improvements and Ordering Notice of Assessment in Landmark Special Improvement District No. 80, Adopted Following is the staff's memorandum on this item: "Executive Summar In October of 1983, Council established the Landmark Special Improvement District No. 80. This was established to allow for construction of street, water line, sanitary sewer line and storm drainage improvements in the District. -76- November 19, 1985 The City is now prepared to close out the district. In accordance with Chapter 16 of the City Code, preparation of a statement of cost, assessment roll, notice to be sent to property owners and assessment ordinance have been completed. Once the resolution is passed, the City Clerk will have a written notice published in the Coloradoan and will send an individual notice to the property owner. This will notify the owner of the cost of improvements, the portion to be paid by the City and the hearing date of the assessment ordinance. (January 7, 1986) Background The City Council formally established Landmark Special Improvement District No. 80 in October of 1983 by the adoption of Resolution 83-160, Resolution 83-161, and Ordinance No. 132, 1983. The petitioner, Landmark Apartments, Ltd., requested formation of the district in order to construct street, water line, sanitary sewer line, and storm drainage improvements. The district property is located at the Southeast corner of the intersection of Shields and Prospect streets. In November of 1984, the City issued special assessment bonds in the principal amount of $315,000 to cover the cost of construction of such improvements. The City Engineer has inspected the completed improvements and certified to the City Council that all improvements in the district are complete. The City is now prepared to close out the district and assess the property owner in the district (Landmark Apartments, Ltd.) for all costs associated with the construction, engineering, formation, and financing of district improvements. Chapter 16 of the City Code sets forth the procedure to be followed in assessing the cost of district improvements. That procedure provides for the preparation of (1) a statement of cost; (2) an assessment roll for the district; (3) a notice to be sent to property owners in the district; and (4) an assessment ordinance. The resolution before the City Council will beyin the assessment procedure. This resolution will accept the certification of the City Engineer relative to completion of the improvements, accept the Finance Director's Statement of Cost of district improvements, order publication of notice of assessment to the property owner in the district and set a hearing date for consideration of the assessment ordinance. Upon passage of the resolution, the City Clerk will have a written notice published in the Coloradoan and will send an individual notice to the property owner in the district. The public notice will be in the form set forth on Exhibit "A" of the resolution and will notify the property owner of the cost of the improvements, the portion to be paid by the City, and the hearing date of the assessment ordinance. -77- I We plan to bring the assessment ordinance meeting of January 7, 1986 after all notice After passage, the assessment ordinance will be a thirty day payment period as prescribed by payment) will be allowed, and if full payment roll will then be certified to the County annual installments. November 19, 1985 to the City Council at the requirements have been met. published in the newspaper, the City Code (for lump sum is not made, the assessment Treasurer for collection in In addition to the Landmark District, five other special improvement districts have completed construction of improvements. These districts are Lemay/Harmony, Fairbrooke, Heart, Boardwalk, and West Horsetooth to the railroad tracks. The Finance Department is currently compiling final cost information for these districts. It is anticipated that resolutions similar to the Landmark resolution will be brought before City Council for each of these five districts on December 3, 1985. Thereafter, notices will be published and the assessment ordinances will be presented to the City Council on January 7, 1986. The notice requirements and how the City Council meetings fall will result in all six districts being assessed during the January 7, 1986 meeting." Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Resolution 85-216. Councilmember Ohlson asked if the same detail of inspection was done on SID's as is done on our own street projects. Interim City Manager Rich Shannon replied in the affirmative and added periodic inspections for compaction, drainage, and asphalt thickness are done and, in addition, the developer is required to have a registered engineer certify that the street is built in accordance with the plans and specifications. He noted he believed SID's are a valid way to finance infrastructure improvements in the community. The vote on Councilmember Clarke's motion to adopt Resolution 85-216 was as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein and Stoner. Nays: None. THE MOTION CARRIED. Canvass of the November 5, 1985 Special City Election, Accepted Following is the staff's memorandum on this item: "Attached is a copy of the abstract of votes cast at the Special City Election held on November 5 relating to the referred ordinance on the corridor sales tax. The Election Board has completed the canvass and certification process for the election. Council is asked to accept the canvass and election results. il M November 19, 1985 Total Ballots Cast at the Election: 12,800 Total Registered Voters: 44,762 For the Ordinance: 3,914 Against the Ordinance: 8,815 " Councilmember Horak made a motion, seconded by Councilmember Stoner, to accept the canvass of the November 5, 1985 Special City Election. Councilmember Horak pointed out there had been a 29% turnout at the election and expressed his thanks to the citizens who took time to vote and the two citizens' groups involved in the issue. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein and Stoner. Nays: None. THE MOTION CARRIED. Resolutions Allowing Old Town Projects I and II to Prepare Bond Ordinances Allowing the Refunding of Their Outstanding Industrial Development Revenue Bonds Adopted Following is the staff's memorandum on this item: "Executive Summary A. Resolution Setting Forth the Intention of the City of Fort Collins to Issue Industrial Development Revenue Bonds for Refunding of City of Fort Collins, Colorado Industrial Development Revenue Bonds Series 1983 (Old Town Fort Collins Project I). B. Resolution Setting Forth the Intention of the City of Fort Collins to Issue Industrial Development Revenue Bonds for Refunding of City of Fort Collins, Colorado Industrial Development Revenue Bonds Series 1983 (Old Town Fort Collins Project II). Old Town Projects I and II desire to refund their outstanding industrial development revenue bonds to save interest expense. Background Attached is a letter from Kirkland & Ellis, bond counsel, describing the refundings. Since this is a refunding of a financed project we did not require a complete resubmittal of an application and did not prepare a new point sheet. We will proceed with bond ordinances for December 3, 1985, only if all documents are in order at that time." _79_ November 19, 1985 Councilmember Knezovich asked that the record show he did not participate or vote on this item. Councilmember Stoner made a motion, seconded by Councilmember Estrada, to adopt Resolution 85-220. Gene Mitchell, managing officer, Mitchell and Company, explained the rationale for this refunding effort. Finance Director Jim Harmon noted the applicant would be paying the usual fees for IDRB's and noted the City would not be negatively impacted by this action. The vote on Councilmember Stoner's motion to adopt Resolution 85-220 was as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Ohlson, Rutstein and Stoner. Nays: None (Councilmember Knezovich withdrawn). THE MOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Resolution 85-221. Yeas: Councilmembers Clarke, Estrada, Horak, Ohlson, Rutstein and Stoner. Nays: None (Councilmember Knezovich withdrawn). THE MOTION CARRIED. Citizen Participation A. Proclamation for Home Health Care Week for December 1-7, 1985 was accepted by Anita Basham, representing the Directors of agencies providing home health care in Fort Collins. B. Proclamation for Day of Fasting to Combat Hunger was accepted by Dennis Griffith on behalf of Fort Collins for Africa. C. Proclamation Designating November 22-28 as Farm -City Week was accepted by Gwen Feith, President of Fort Collins Farm Wives Club. D. Proclamation for Great American Smokeout on November 21 was accepted by Lil McBrien, volunteer chairwoman of Great American Smokeout. Carol Gyger, 425 North Whitcomb, questioned the status of the insurance on the pool/rink complex and noted she was responding to recent media stories on insurance problems other rinks were incurring. Rich Shannon reported that those rinks were private, not public and added the City would consider self-insurance if conventional carriers were unavailable or too costly. :1 November 19, 1985 Sue Bartels, 239 McKinley, Fort Collins AIDS Coalition, requested the adoption of an ordinance protecting AIDS victims from discrimination prior to the occurrence of an incident. Mayor Rutstein asked that the matter be referred to the Human Rights Commission for their recommendation and asked staff to try to obtain sample ordinances from other communities. Resolution Appointing an Economic Development Task Force, Tabled to December 3 Following is the staff's memorandum on this item: "The initial step in formulating an Economic Development Plan is to solicit the assistance of key members of the community on an Economic Development Task Force, which would reflect a balance of public and private perspectives. This resolution makes appointments to the Economic Development Task Force and establishes the scope and purposes of the Task Force. A preliminary report from the Task Force will be submitted to the Council Economic Development Subcommittee no later than April, 1986. It is expected that the final written report on the Task Force would be submitted to the City Council no later than June, 1986." Councilmember Estrada made a motion, seconded by Councilmember Clarke to adopt Resolution 85-219 inserting the names of Dr. Philip Austin, Dave Everitt, David Herrera, Larry Kendall, Barbara Schofield, Doug Schotz, Larry Scott, Nona Thayer, Jose Trujillo, Ron Walling, Lou Wymisner, and Rich Shannon. Councilmember Knezovich questioned what kind of financial resources would be available to the Task Force and what parameters might be given those financial resources. Councilmember Estrada reported that some of the resources presently in the development fund could be utilized. Rich Shannon noted the Task Force could fund contractual work out of the economic development fund if they saw a need for such contractual projects. He noted he envisioned a very small sum might be used for such tasks. Councilmember Knezovich suggested the Task Force be given some financial resources with an upper limit. Councilmember Knezovich made a motion, seconded by Councilmember Stoner, to add a Section 5 to the Resolution as follows: "Section 5. The City allocates up to $25,000 of its financial resources to assist the TAsk Force in meeting the directions outlined in Section 2." Councilmember Horak expressed concern about Task Force and noted he preferred a process interviews. the process used to appoint the that included applications and -81- November 19, 1985 Councilmember Estrada noted this was a temporary Task Force and noted he agreed with tabling the action for 2 weeks for public input. 11 Councilmember Clarke felt the process of drafting qualified and expert persons for the Task Force was correctly used in this instance. He noted the committee would not have the right to contract or expend funds without the approval of the City Manager. Councilmember Rutstein noted the Task Force would be contacting special interest groups before giving their recommendations. The vote on Councilmember Knezovich's motion to amend Resolution 85-219 was as follows: Yeas: Councilmembers Clarke, Estrada, Knezovich, Ohlson, Rutstein and Stoner. Nays: Councilmember Horak. THE MOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Estrada, to table Resolution 85-219 to December 3 to allow public input on the appointees. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein and Stoner. Nays: None. THE MOTION CARRIED. Other Business Councilmember Ohlson noted he would like additional information on what the $1.7 million bought in the Old Town Project and asked for more information on the water feature there. Adjournment Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to adjourn the meeting to 6:30 p.m. on November 26. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 8:40 p.m. ATTEST: City Clerk no