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HomeMy WebLinkAboutMINUTES-10/21/1986-Regular' October 21, 1986 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, October 21, 1986, 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: Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Staff Members Present: Burkett, Huisjen, Krajicek Agenda Review: City Manager City Manager Burkett stated there was a request for an Executive Session to discuss potential water acquisition. He stated that was an item of Other Business dealing with Exxon grant money for the recycling program. He also noted that Item #35, Resolution 86-172 Appointing a Utility Committee of the Council of the City of Fort Collins, had been withdrawn from the agenda. ' Councilmember Stoner requested Item #22, Resolution 86-173 Creating Street Oversizing Task Force, be removed 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 Items #32 and #41, 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. Items Relating to the Foothills Area Urban Growth Area Boundary Amendment. A. Second Reading of Ordinance No. 124, 1986, Amending Chapter 118, Making Amendments to, the Present R-E, Estate Residential, Zoning District, Increasing .the Minimum Lot Size from 9,000 Square Feet to 100,000 Square Feet (Approximately 2.29 Acre Minimum Lot Size), ' Increasing the Minimum Lot Width, Increasing the Minimum Lot Depth, Increasing the Minimum Rear Yard Depth, Increasing the -133- ;•, October 21, 1986 5. ri 7. Minimum Side Yard, and Eliminating the Planned Unit Development Option Within the Zone. Second Reading of Ordinance No. 125, 1986, Amending Chapter 99 (the Subdivision Ordinance), Establishing a "Rural" Street Design Standard for Internal Local Streets of Developments with Minimum Lot Sizes of One Acre or Larger. These Ordinances were unanimously adopted on First Reading on October 7 and guide development in the 'Foothills Area' within Fort Collins UGA. This ordinance, which was unanimously adopted on First Reading on October 7, appropriates $18,297 in unanticipated revenues in the General Fund for the operation of the Senior Alternatives in Transportation (SAINT) Program. This amount includes $12,475 in FY 1985-1986 unappropriated Community Development Block Grant dollars and $5,822 in donations, corporate gifts, and foundation grants. SAINT was awarded $15,820 in CDBG Funds in October of 1985. Of that amount, $12,475 has yet to be appropriated in the General Fund for 1986. This revenue has been tracked as a salary expense since January 1, 1986. The remaining $5,822 is classified as unanticipated revenue and was received during 1986 from various corporate foundations and as individual gifts. It is presently held in the Fort Collins Foundation SAINT Trust and will be used for general operating expenses in 1986. This Ordinance, which was unanimously adopted on First Reading on October 7, appropriates funds received from Wickes Companies into the Street Oversizing Fund. These funds will be used to pay for the improvements to Harmony Road and Mason Street adjacent to Wickes Lumber. The improvements will be constructed in conjunction with Arbor Plaza SID No. 88. Chapter 88 of the City Code prescribes the manner of disposition of certain personal property which has come into possession of the City. The present manner of disposition of abandoned, stolen, or confiscated property is deficient in several respects. Additionally, no provision exists for the disposition of surplus or obsolete property. Staff is -134- October 21, 1986 ' recommending the repeal of the existing Chapter 88 and the reenactment of the same with additional provisions. This Ordinance, which was unanimously adopted on First Reading on October 7, will accomplish this revision. EM M This Ordinance was unanimously adopted on First Reading on October 7 and sets the Storm Drainage fees for 1987. There are no increases proposed for the 0&M fee. The average monthly capital fee increase is 6.3%, or $0.06 per month for a typical 6,000 sq. ft. single family residential lot. New development fees are proposed to increase an average 5.6%, or $201 per acre. This Ordinance, which was unanimously adopted on First Reading on October 7, appropriates the 1987 Annual Budget and sets the mill levy as follows: ' General Fund 0 & M........................... Parks 0 & M............ Poudre Fire Authority Contribution........... Fire Pension Fund Unfunded Liability - General Fund .267 PFA Employer Contribution .294 Parks Debt Service ........................... 10. TOTAL 2.401 mills 1.100 mills 6.674 mills .561 mills 2.124 mills 12.860 mills This Ordinance, which was unanimously adopted on First Reading on October 7, sets the 1987 mill levy for the DDA at 5 mills, the same as the levy determined for 1986 and appropriates the 1987 budget. The total budget for 1987 is $158,312. A. Hearing and First Reading of Approximately 164.8 Acres Annexation. Ordinance No. 145, 1986, Annexing Known as the Riverbend Second 135- October 21, 1986 12. 13. 14. z B. Hearing and First Reading of Ordinance No. 146, 1986, Zoning I Approximately 164.8 Acres of the Riverbend Second Annexation into the T-Transitional Zoning District. This is a request to annex and zone approximately 164.8 acres of City -owned property located east of the Poudre River, south of the Countryside Park Subdivision south of East Mulberry Street and west of Summit View Drive, and north of Prospect Road. The requested zoning is for T-Transitional. The property is one of the City's open space areas. A. Hearing and First Reading of Ordinance No. 147, 1986, Annexing Approximately 18.7 Acres Known as the Waste Water Treatment Plant #1. B. Hearing and First Reading of Ordinance No. 148, 1986, Zoning Approximately 18.7 Acres Known as the Waste Water Treatment Plant Annexation #1 into the T-Transitional Zoning District. This is a request to annex and zone approximately 18.7 acres of property, located east of Riverside Drive, along East Mulberry Street, and west of the Poudre River. The northern portion of the property is the location of one of the City's wastewater treatment plants. The improvements in the District were accepted at the September 16, 1986 meeting of the City Council. Notice of the assessment has been published and mailed to the affected property owners. Adoption of this ordinance will provide for the assessment of the property owners and certification of the assessment roll to the Larimer County Treasurer for collection. The improvements in the District were accepted at the September 2, 1986 meeting of the City Council. Notice of the assessment has been published and mailed to the affected property owners. Adoption of this ordinance will provide for the assessment of the property owners and certification of the assessment roll to the Larimer County Treasurer for collection. ri mails October 21, 1986 u 15 16. 17. EEC Items Relating to the Old Town Master Plan. A. Resolution 86-169 Authorizing the City Manager to Enter into a Professional Services Agreement with Resource Consultants, Inc. for Drainage Master Planning for the Old Town Drainage Basin. Hearing and First Reading of Ordinance No. 151, 1986, Authorizing the Appropriation of Prior Year Reserves for the Old Town Master Plan. This project will consist of the development of a basin master plan for the Old Town Drainage Basin. Tasks associated with the project include the analysis of the integrity of the existing infrastructure in this area; the investigation and recommendation of necessary improvements to correct existing and future problem areas that are economically feasible and provide an optimum level of protection for the monies expended; and hold public hearings to solicit public input through all phases of the project. Some monies are appropriated in the drainage fund and the remaining money needs to be appropriated from prior year reserves to complete the project. The contract amount is $87,600 and is to be completed in July, 1987. The ordinance will affirm the practice of the Planning Director to establish fees in processing, reviewing and recording planning documents and other expenses attributable to the current planning activities of the Department as well as establish charges for publishing and disseminating Code provisions, general plans, manuals and regulations. The amendments made to this ordinance will require applicants to post the required public notice for hearings on new licenses and establish a guideline in determining reasonable neighborhood boundaries most likely to be affected by the applicant's proposed outlet. The ordinance will provide guidance to the local licensing authority and provide a uniform procedure for both liquor and massage licensing. Final testing in Shire Cour construction Z they may caus --terioration. ntractor wa t e s for acceptance of the street indicated that the asphalt in Sundering Townhomes P.U.D. did not meet City street standards. Although the deficiencies were not severe, the street to lose a few years of life due to premature In lieu of reconstructing or repairing the street, the given the option of paying a penalty of $3,109 to the -137- October 21, 1986 19. 20. 21. City. The funds from the penalty will then be used in the future for maintenance of the street as the need arises. This concept provides an option for accepting work that does not quite meet standards, but is good enough to be utilized and maintained. The Sidewalk Maintenance Program was established to construct and maintain the City's sidewalk system. This year the program received an overwhelming response and in order to provide this service to all those indicating an interest, the funds that the City has received from the property owners need to be appropriated for this year's program. This ordinance will appropriate $24,200 in unanticipated revenue in the General Fund for the continuation of the Library Adult Literacy Program and for expansion of the program to other libraries in Larimer County. This Resolution authorizes the Mayor to sign a revised right-of-way agreement with the Poudre Valley Rural Electric Association. The Poudre Valley Rural Electric Association provides electric power to users in the Poudre Canyon, including Water Plant #1. The presedimentation basin that is being built as a part of the Water Treatment Plant Relocation Project will be located on the current right-of-way for electric lines. The presedimentation basin allows settling of particles in the river water in order to prevent their entry into the pipeline that will carry the water to Treatment Plant #2 for treatment. It is necessary to relocate a portion of the electric line to go around the presedimentation basin. The proposed Resolution will authorize a change in the location of the Poudre Valley Rural Electric Association right-of-way easement. 22. Resolution 86-173 Creating a Street Oversizing Task Force This resolution will create a Street Oversizing Task Force to investigate long term funding mechanisms •for street oversizing costs. The Task Force will include members from the development community, concerned citizens and City staff members. -138- October 21, 1986 ' 23. The applicant is requesting approval of a waiver to the requirements for off -site street improvements for a five lot subdivision on 3.37 acres located on the south side of Country Club Road, across from Long Pond, northeast of Fort Collins. Staff feels that granting the waiver is warranted from the standpoint that the existing roadway currently serves the traffic needs of a number of other subdivisions in the area, and the impact from the proposed subdivision would contribute only a small portion to the overall use of Country Club Road. The proposed development exemplifies the type of in -fill development which the waiver process was created to accommodate. RECODIFICATION ITEMS Items 24-31 are related to the Code recodification project staff has been working on the past few months. Although many of the changes are lengthy, they are generally done to bring the Code into conformance with current policy and practice. 24. 25. To decriminalize most traffic offenses, the proposed ordinance amends Section 1-23 to provide that the penalty for a violation of any traffic offense classified by the State as less than a 6 point offense would be only a fine of not more than $300. The penalty for all other violations of the Code and traffic offenses classified as 6 points or greater has been left at a maximum of a $300 fine and/or 90 days imprisonment. In addition, the provision relating to imprisonment of minors has been amended to make it consistent with State law requirements on the subject. This ordinance sets out standard language in Chapter 2 of the Code for the requirements relating to the creation, membership, term, compensation, functions, minutes, annual reports, and officers and bylaws for most of the City's volunteer Boards and Commissions. The Downtown Development Authority, Fire and Police Pension Boards, Housing Authority, PeRsonnel Board, and Retirement Committee are not included in Chapter 2 because of their unique requirements. -139- October 21, 1986 26. 27. Fl1 W1 The proposed Ordinance will add language to the Code regarding the City's relationship to the Poudre Fire Authority. This is needed to complete the Code section that addresses the organization of the City and provides for the basic management structure under which are departments, divisions, and offices which are established by the Charter or otherwise created and assigned by the City Manager. This ordinance repeals and reenacts Chapter 35 relating to animals and insects. The organization of the Chapter has been improved and wording clarified in addition to a number of substantive changes. These changes are intended to solve certain enforcement problems which have arisen since the Chapter was adopted, revise sections as necessary in order to comply with State laws or present practices of local veterinarians, delete unnecessary or redundant provisions, and strengthen the provisions with regard to vicious animals. Hearing and First Reading of Ordinance No. 161, 1986 Amending Chapter 73 of the Code Regarding Billboards. This Article pertains to bill posting and billboards. Many of its provisions conflict with other Sections of the Code which cover the same subject matter. Each Section is analyzed in the agenda background summary, and the reasons for deletion of each Section are explained in detail. It is recommended that the entire Article on Billposting and Billboards be repealed because its provisions are covered by other sections of the Code. Also, the standards for approval of the license are constitutionally suspect and cannot be administered in their present form. Repeal is appropriate. This Ordinance provides major revisions to Sections 93-10, 93-11, and 93-12 of Chapter 93,'-which deals with credit to developers for the construction of storm drainage facilities required by drainage basin master plans. Specific instructions concerning reimbursement procedures, documentation, and budget requirements are proposed to help standardize the process and make it more efficient. -140- October 21, 1986 ' 30. Hearing and First Reading of Ordinance No 163 1986 Amending Section 95-6 of the Code of the City of Fort Collins to Establish Notification Requirements for Excavation in the Public Right -of -Way. The proposed changes to the Section 95-6 of the Code will require excavators doing work in the public right of way to give notice to utility companies two working days prior to the start of excavation. This is intended to allow the utilities to mark their facilities prior to excavation so that damage to underground utility lines can be prevented. 31. A. Hearing and First Reading of Ordinance No. 164, 1986, Providing for the Amendment and Reorganization of Chapter 112 of the Code. B. Hearing and First Reading of Ordinance No. 165, 1986, Repealing and Reenacting, with Modifications, Chapter 112, Article I of the Code Relating to the Water Utility, and Amending the Plumbing Code to Establish Backfill Compaction Standards. C. Hearing and First Reading of Ordinance No. 166, 1986, Repealing and Reenacting, with Modifications, Chapter 112, Article II of the Code Relating to the Wastewater Utility, and Amending the Plumbing ' Code to Establish Backfill Compaction Standards. D. Hearing and First Reading of Ordinance No. 167, 1986, Repealing Miscellaneous Sections of Chapter 112 and Reenacting a New Article Relating to the Extension of the City's Water and Wastewater Systems. E. Hearing and First Reading of Ordinance No. 168, 1986, Amending Chapter 112 of the Code by Repealing Section 112-126 and Reenacting a New Article Relating to the Furnishing of Water and Wastewater Service Outside the City. F. Hearing and First Reading of Ordinance No. 169, 1986, Repealing Miscellaneous Provisions of the Code Pertaining to Billing and Collection of Utility Services Charges and Reenacting a Consolidated Utilities Billing Article. The six proposed ordinances are. closely related in that they all pertain to the water and wastewater utilities or to the reorganization of the administration of the utilities. They attempt to consolidate and standardize those provisions in common• between the water and wastewater utilities; and other utilities for billing purposes, as well as to revise and update the articles regulating the water and wastewater utilities. The proposed ordinances are part of'the City's ' current recodification program. BEIE October 21, 1986 Ordinances on Second. Reading were read by title by Wanda Krajicek, City I Clerk. Item #4. A. Second Reading of Ordinance No. 124, 1986. Amending Chaoter 118, Making Amendments to the Present R-E, Estate Resi- dential, Zoning District. Increasing the Minimum Lot Size from 9,000 Square Feet to 100,000 Square Feet (Approximately 2.29 Acre Minimum Lot Size),Increasing the Minimum Lot Width Increasing the Minimum Lot Depth, Increasing the Minimum Rear Yard Depth, Increasing the Minimum Side Yard and Eliminating the Planned Unit Development Option Within the Zone. B. Second Reading of Ordinance No 125 1986 Amending Chapter 99 (the Subdivision Ordinance), Establishing a "Rural" Street Design Standard for Internal Local Streets of Developments with Minimum Lot Sizes of One Acre or Larger. Item #5. Item #6. Second Reading of Ordinance No. 139 1986 Appropriating Unanticipated Revenue in the Street Oversizing Fund to Pay for Improvements to Harmony Road and Mason Street Adiacent to Wickes Lumber. Item #7. Second Reading of Ordinance No. 140, 1986 Repealing and I Reenacting Chaoter 88 of the Code of the City of Fort Collins Pertaining to the Disposition of Personal Property. Item #8. Item #9. Second Reading of Ordinance No. 143 1986 Appropriating Annual Expenditures for the City of Fort Collins in 1987 and Setting the Mill Levy for Said Fiscal Year. Item #10. Second Reading of Ordinance No 144 1986 Setting the Mill Levv for the Downtown Development Authority for 1987 and Appropriating the Annual Expenditures for 1987. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #11. A. Hearing and First Reading of Ordinance No. 145 1986 Annexing Approximately 164.8 Acres Known as the Riverbend Second Annexation. B. Hearing and First Reading of Ordinance No 146 1986 Zoning Approximately 164.8 Acres of the Riverbend Second Annexation ' into the T-Transitional Zoning District -142- October 21, 1986 ' Item 412. A B. Hearing and First Reading of Ordinance No 148 1986 Zoning Approximately 18.7 Acres Known as the Waste Water Treatment Plant Annexation #1 into the T-Transitional Zoning District Item #13. Hearing and First Reading of Ordinance No 149 1986 Assessing the Cost of Improvements for Cunningham Corner Special Improve- ment District No. 82. Item #14. Hearing and First Reading of Ordinance No 150 1986 Assessing the Cost of Improvements for Horsetooth Road Special Improvement District No. 83. Item #15. B. Hearing and First Reading of Ordinance No 151 1986 Authorizing the Appropriation of Prior Year Reserves for the Old Town Master Plan. Item #16. Hearing and First Reading of Ordinance No 152 1986 Amending Chapters 118 and 99 to Include Language to Provide for the Establishment by the Planning Director of General Fees and Charges. ' Item #17. Hearing and First Reading of Ordinance No 153 1986 Amending the Massage Therapy Code of the City of Fort Collins Item #18. Hearing and First Reading of Ordinance No 154 1986 Appropriating Unanticipated Revenue in the Street Rehabilitation Program. Item #19. Hearing and First Reading of Ordinance No. 155, 1986 Appropriating $21,674 in Unanticipated Revenue in the Capital Projects Fund for the 1986 Sidewalk Maintenance Program Item #20. Hearing and First Reading of Ordinance No 156 1986 Appropriating Unanticipated Revenue in the General Fund for the Fort Collins Public Library Adult Literacy Program Item #24. Hearing and First Reading of Ordinance No. 157 1986 Amending Section 1-23 of the Code of the City of Fort Collins Relating to the General Penalty Provision. Item #25. Hearinq_and First Readino.of Ordinance No. 158. 1986. Ampndinn Item #26. Hearing and First Reading of Ordinance No 159 1986 Amending Chapter 2 of the Code to Include Language Regarding the City's ' Relationship to the Poudre Fire Authority. -143- October 21, 1986 Item #27. Hearing and First Reading of Ordinance No. 160, 1986, Repealing ' and Reenacting Chapter 35 of the Code of the City of Fort Collins Item #28. Relating to Animals and Insects. Hearing and First Reading of Ordinance No 161 1986 Amending Item #29. Chapter 73 of the Code Regarding Billboards Hearing and First Reading of Ordinance No 162 1986 Amending Chapter 93 of the Code of the City of Fort Collins Relating to Credit for Construction of Storm Drainage Master Plan Improve- Item #30. ments. Hearing and First Reading of Ordinance No 163 1986 Amending Section 95-6 of the Code of the City of Fort Collins to Establish Notification Requirements for Excavation in the Public Item #31. Right -of -Way. A. Hearing and First Reading of Ordinance No 164 1986 Providing for the Amendment and Reorganization of Chapter 112 of the Code. B. Hearing and First Reading of Ordinance No 165 1986 Repealing and Reenacting, with Modifications Chapter 112 Article I of the Code Relating to the Water Utility, and Amending the Plumbing Code to Establish Backfill Compaction Standards. C. Hearing and First Reading of Ordinance No 166 1986 ' Repealing and Reenacting. with Modifications Chapter 112 Article II of the Code Relating to the Wastewater Utility, and Amending the Plumbing Code to Establish Backfill Compaction Standards. D. Hearing and First Reading of Ordinance No 167 1986 Repealing Miscellaneous Sections of Chanter 112 and Reenacting a New Article Relating to the Extension of the City's Water and Wastewater Systems. E. Hearing and First Reading of Ordinance No 168 1986 Amending Chapter 112 of the Code by Repealing Section 112 126 and Reenacting a New Article Relating to the Furnishing of Water and Wastewater Service Outside the City. F. Hearing and ~First Reading of Ordinance No 169 1986 Repealing Miscellaneous Provisions of the Code Pertaining to Billing and Collection of Utility Services Charges and Reenacting a Consolidated Utilities Billing Article Councilmember Kirkpatrick made a motion, seconded by Councilmember Estrada, , to adopt and approve all items not removed from the Consent Calendar. 144- October 21, 1986 Yeas:' Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution 86-172 Creating a Street Oversizing Task Force. Adopted as Amended Following is staff's memorandum on this item: "Executive Summary This resolution will create a Street Oversizing Task Force to investigate long term funding mechanisms for street oversizing costs. The Task Force will include members from the development community, concerned citizens and City staff members. Background Earlier this year staff worked with a committee composed of developers, bankers, engineers, appraisers and attorneys to come up with a solution to a serious funding problem in the street oversizing program. The recommendations of this ad hoc committee were presented to Council in June, resulting in the adoption of a new fee structure for the oversizing fund. ' When Council adopted the new fee structure, it was with the understanding that a Task Force would be created to look into alternative methods for financing street oversizing costs that served city-wide needs. Some of the possibilities for long term financing included a general improvement district or a metropolitan district. The Task Force will be researching the feasibility of these and other financing methods. Staff recommends the task force be composed of nine people. Three members would be from the development community, three from the community at large, and three would be City staff members. The term of the Task Force will be one year from the time the members are appointed. Their charge will be to investigate and recommend to Council long term funding methods for street oversizing costs, with oversizing costs being defined as those costs to construct streets beyond that which is required by the developer of a parcel of land. Following Council's approval of the creation of the Task Force, advertisements will be placed in the newspapers and applications solicited. Council will then review the applications and interview the potential members. The Task Force should be selected and appointed by the end of November." Councilmember Stoner stated he was concerned about the make-up of the board, specifically the number of staff members on the board. -145- October 21, 1986 City Manager Burkett stated that after discussions with staff, he would prefer there not be any staff members appointed as official members of the committee. He indicated he felt staff should provide support functions, but not participate as voting members. Councilmember Liebler agreed that staff members should not serve as voting members of the committee, and suggested the board consist of four individuals from the development community and five from the community at large. Councilmember Stoner made a motion to adopt Resolution 86-173 changing the 4th Whereas clause to read "four from the development community and three from the community at large". THE MOTION DIED FOR LACK OF A SECOND. Councilmember Rutstein made a motion, seconded by Councilmember Liebler, to adopt Resolution 86-173 changing the 4th Whereas to read "four from the development community and five from the community at large". Councilmember Stoner stated he felt it important that the majority of the committee have some background with the issue and therefore was suggesting four from the development community and three from the community at large. Councilmember Estrada supported Councilmember Rutstein's motion, stating that although the issue directly affects the development community, it also , affects the general taxpayer. Mayor Ohlson expressed concerns with almost half of the committee being from a specific sector of the community. Councilmember Horak pointed out that the development community is rather broad, and could include developers, architects, street construction, etc. Councilmember Stoner stated he felt several months would be spent in orientation if the committee consists of a majority of citizens at large. Councilmember Rutstein stated she felt it was important to have a mix on the committee so that the issue is not weighted toward one particular interest group. Acting Development Services Director Gary Diede' stated he would be comfortable with the make-up suggested by Councilmember Rutstein. Councilmember Estrada pointed out that any decisions on the issue would be ultimately scrutinized by the development community in general and the final decision would be made by Council. The vote on Councilmember Rutstein's motion to adopt Resolution 86-173 as amended was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, ' Liebler, Ohlson, Rutstein, and Stoner. Nays: None. 146- October 21, 1986 THE MOTION CARRIED. Ordinance No. 142, 1986, Adjusting the Street Oversizing Fee for the 1987 Budget. Adopted on Second Reading Following is staff's memorandum on this item: "This ordinance, which was adopted on First Reading on October 7 by a 4-3 vote, increases the Street Oversizing Fees for the 1987 Budget. The Residential, Commercial, and Industrial fees are increased according to the projections reviewed and approved by Council during the effective term of the 1986 Street Oversizing Ordinance." Councilmember Rutstein made a motion, seconded by Councilmember Liebler, to adopt Ordinance No. 142, 1986 on Second Reading. Councilmember Estrada noted that he had voted against this Ordinance on First Reading, but would be voting favorably on Second Reading based on additional information received about the 4% inflation factor. The vote on Councilmember Rutstein's motion to adopt Ordinance No. 142, 1986 on Second Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution 86-171 Making Appointments to the Zoning Board of Appeals and the Commission on the Status of Women. Tabled to November 4 Following is staff's memorandum on this item: "A vacancy currently exists on the Zoning Board of Appeals due to the resignation of alternate member David Younger. A vacancy also exists on the Commission on the Status of Women due to the resignation of Karen Boehler Schumann. The individual Council liaisons have reviewed the applications on file and will announce their recommendations at the November 4 Council meeting. In keeping with Council's policy, this Resolution will be tabled until November 4 to allow for pub4ic input." Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 86-171 inserting the name of Mark Coleman for the Zoning Board of Appeals, and the names of Liza Daly as regular member and 3oan Perry as alternate member for the Commission on the Status of Women. �3 -147- October 21, 1986 Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick, to table Resolution 86-171 to November 4. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. City Manager's Report City Manager Burkett suggested that the Executive Session be done prior to the citizen participation portion of the agenda due to the time available before 7:30 p.m. City Manager Burkett reported on the National Sports Equipment Association Gold Medal Award which was presented to Fort Collins for its parks and recreation program. Councilmembers' Reports Councilmember Horak reported that the wild and scenic bill had passed Congress and was awaiting the President's signature. Councilmember Stoner reported on a meeting of the CML Subcommittee on Economic Development. Councilmember Rutstein complimented staff and citizens for participation in the sidewalk program. She also commented on the literacy grant awarded to libraries within Larimer County. Mayor Ohlson commented of the recodification process. He reported on the forum held on hunger and the homeless. He thanked the individuals involved in the passage of the wild and scenic bill. Executive Session Authorized Councilmember Horak made a motion, seconded by Councilmember Liebler, to adjourn into Executive Session for the purpose of discussing water acquisition and other legal matters relating to water. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. (Secretary's Note: The Executive Session concluded at 7:35 p.m.) -148- October 21, 1986 ' Citizen Participation a. Proclamation Naming October 19-25 as Venture Week was accepted by Wendy Vesley Siefken, President of the Fort Collins Venture Club. b. Proclamation Naming October 24 as World Peace Day was accepted by Bob Siblerud who spoke on issues of world peace. c. rrociamation Naming November as the Fort Collins Area United Way Awareness Month was accepted by Bill Emsley, Chairman of the 1986-87 Fort Collins Area United Way Campaign. d. Proclamation Naming the week of November 13 as POW/MIA Week was accepted by Judy Willey, sister of Mark Danielson who is still missing in action. e. Proclamation Naming November 20 as Great American Smokeout Day was accepted by Jane Glenn, Chairperson of the Fort Collins American Society's Great American Smokeout. f. Presentation of Gifts to Mayor from Mayor of Telavi, Georgian Republic, Soviet Union. Ruth Warner of the Paired Cities Program presented gifts from Fort Collins' paired city, Telavi, Georgian Republic, Soviet Union, and showed slides of her presentation of gifts to the Mayor of Telavi. Ordinance No. 170, 1986, Amending Chapter 118 of the Code of the City of Fort Collins, Being a Part of the Zoning Ordinance Adopted on First Reading Following is the staff's memorandum on this item: "Executive Summary This ordinance amends the definition of "Family" found within Section 118-11 of the City Code. The proposed change would allow certain types of living arrangements which are not presently allowed under the current definition. This proposal stems from City Council concerns which were raised when a citizen appealed staff's interpretation of "family" to the Zoning Board of Appeals, and later appealed the ZBA decision to City Council. Four alternative definitions were considered, and staff and the Planning and Zoning Board are recommending that Council adopt option 1. Background At its December 17, 1985 meeting, City'Council considered an appeal of the ZBA and staff interpretation of the de'f'inition 'of "family" in regards to the number of unrelated people which can live together. Council upheld the ' interpretation to that two brothers them or each other was indeed living with two other persons not related family not a since the Code classifies a -149- October 21, 1986 family in part as "an unrelated group of not more than three persons living together." The consensus was that the above situation constituted an unrelated group of four persons, and thus was an illegal family. While agreeing with staff and ZBA, Council requested that staff look at possibly broadening the definition to address certain concerns which were discussed at the Council meeting. One concern was that our current definition prohibits certain types of living arrangements which, perhaps, should not be prohibited. (The example mentioned was an unmarried man and his child living with an unmarried woman and her child.) The other concern was that, if the ordinance is revised, care should be taken to maintain a limit on the number of unrelated adults living together. Staff feels that our existing definition, "an individual or two or more persons related by blood or marriage or an unrelated group of not more than three persons living together", is adequate and legally permissible. However, we also recognize that it may be unduly restrictive and that a revision which would accommodate more diverse living arrangements may be warranted by the changing lifestyles of the community. Any new definition of family should remain sufficiently restrictive to alleviate legitimate municipal concerns while at the same time affording greater flexibility for society's changing concepts of family living. In response to City Council's concerns, staff presented several alternatives to the Planning and Zoning Board to consider. The P&Z Board and staff feel that Option q1 best addresses the concerns of City Council which were raised at the December meeting, and recommend it's adoption. The following options were presented to the Planning and Zoning Board: 1. FAMILY - An individual living alone or either of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities: A. Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, or B. Any unrelated group of persons consisting of: (1) Not more than three (3) persons, or (2) Not more than two (2) unrelated adults and their related children, if any. 2. FAMILY - An individual or,two (2) or more persons related by blood or marriage or an unrelated group of not more than three (3) persons living together. (Present definition). 3. FAMILY living living, �9 - An individual living alone or either of the following groups together as a single housekeeping unit and sharing common sleeping, cooking and eating facilities: -150- October 21, 1986 ' A. Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, or B. Not more than three (3) unrelated persons and their related children, if any. 4. FAMILY - One or more individuals living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities, provided that, in the case of persons unrelated by blood, marriage or adoption, such unrelated group shall be limited to one person per _?_ (square foot, habitable room, bedroom, or other). Staff and the Planning and Zoning Board are recommending the adoption of Option 1." Code Administrator Peter Barnes gave background on the issue and answered questions from Council. Councilmember Horak made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 170, 1986 on First Reading. Councilmember Liebler stated she favored Option 3 because she felt the reason for the definition of family is not to inhibit the lifestyles of citizens, but to make sure parking and overcrowding issues are addressed. Councilmember Stoner stated he also favored Option 3. Councilmember Rutstein stated she supported Option 1 because it better addresses the parking and overcrowding issues in single-family residential areas. Councilmember Kirkpatrick stated she would like to see something that is enforceable, but the least restrictive as far as the options in lifestyle that exist today. Councilmember Liebler made a motion, seconded by Councilmember Stoner, to amend Ordinance No. 170, 1986 to provide the definition as stated in Option 3. Councilmember Horak stated he felt the point of having a definition of family is to prevent the kinds of situations that typically draw complaints. He stated the concerns that were being expressed about unrelated "caretakers" living in a home with two unrelated persons are already covered by the code�' The vote on Councilmember Liebler's motion'to amend Ordinance No. 170, 1986 was as follows: Yeas: Councilmembers Kirkpatrick, Liebler, and Stoner. Nays: Councilmembers Estrada, Horak, Ohlson', and Rutstein. THE MOTION FAILED. -151- October 21, 1986 The vote on Councilmember Horak's motion to adopt Ordinance No. 170, 1986 ' was as follows: Yeas: Councilmembers Estrada, Horak, Liebler, Ohlson, Rutstein, and Stoner. Nays: Councilmember Kirkpatrick. THE MOTION CARRIED. Other Business Items Relating to EXXON Overcharge Grant Following is staff's memorandum on this item: "Executive Summary Resolution 86-174 Authorizing an Agreement Between the City and the State of Colorado to Implement a Grant for a Pilot Curbside Recycling Collection Project. Hearing and First Reading of Ordinance No. 171, 1986, Appropriating $149,650 of Unanticipated Revenue in the Natural Resources Recovery Grant Fund. The proposed Resolution would authorize the City Manager to enter into a contract with the State of Colorado, Office of Energy Conservation Petroleum Overcharge Restitution Program for the Natural Resources Department to implement an $149,650 Exxon Overcharge Grant for a pilot curbside recycling collection project. The recyclables targeted for collection are aluminum cans, newsprint, glass and cardboard. Background As a result of a recent U.S. District Court ruling, approximately $2.1 billion has been paid to the U.S. Treasury by Exxon Corporation for crude oil overcharges that occurred between 1975 and 1981. The court order resulted from a U.S. Department of Energy suit against Exxon for crude oil charges that were in violation of oil price regulations in force at the time. The State of Colorado received $22.7 million. Their intent for these funds is to sponsor activities and programs that will have a significant impact on energy consumption and conservation practices in Colorado. Fort Collins was notified''on September 5, 1986 by the Office of Energy Conservation Director that` Governor Lamm had selected our project for funding in the amount of $149,650 (out of 388 submitted proposals). The City will initiate a pilot curbside recycling project which would serve 25% of the population. Recycling containers will be provided to each participating household. Two recycling truck -trailer vehicles will be ' purchased with the funds by the City. An extensive publicity and education program will begin immediately upon execution of this contract. -152- October 21, 1986 The Contract - The term will be November 1, 1986 to July 1, 1988. - The programs is to be designed by December 1, 1986. - The equipment is to be purchased by February 28, 1987. - Containers provided to participants by March 31, 1987. - A logo contest among schools will be conducted in November 1986. - A collection service contract will be awarded by April 1, 1987. - Recyclable materials will be picked up bi-weekly by the subcontractor. - Effort must be made to expand and continue the program by making it self-sufficient. The Budget Budget breakdown of the grant is as follows: Personnel $ 8,100 Equipment 97,550 Supplies 100 Contractual 36,100 Other 7,500 TOTAL $149,650 ' City-wide cooperation is necessary to carry out the contract with the following City Divisions: - Planning Department to help decide on the area. - Equipment Services Division to help design the specifications for used trucks and new trailers. - Purchasing Division to acquire equipment and containers. - Finance Department and the City Attorney's office to control the contract and finances. - Streets Division to prepare the site." Director of Natural Resources, Streets, and Stormwater Utilities Roger Krempel answered questions from Council about the program, the continuation of the program after the one-year grant expires, and the use of equipment purchased after the program ends. Councilmember Kirkpatrick made a motion, seconded by Councilmember Estrada, to adopt Resolution 86-174. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Rutstein made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 171, 1976 on First Reading. ' (Secretary's Note: City Clerk Krajicek read Ordinance No. 171, 1986 into the record.) -153- October 21, 1986 Councilmember Horak stated he did not feel it was necessary to adopt this Ordinance at this time. He stated he felt authorizing the City Manager to enter into an agreement with the State was sufficient at this time. He stated he would prefer to see a more complete plan for capital expenditures. Councilmember Horak made a motion, seconded by Councilmember Liebler, tc table Ordinance No. 171, 1986 on First Reading to November 4. Yeas: Councilmembers Horak, Kirkpatrick, Liebler, Ohlson, and Rutstein. Nays: Councilmembers Estrada and Stoner. THE MOTION CARRIED. Adjournment Councilmember Stoner made a motion, seconded by Councilmember Rutstein, to adjourn the meeting. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 8:45 p.m. ATTEST: City Clee rk QIN Mayor 1 I 154-