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HomeMy WebLinkAboutMINUTES-11/04/1986-Regular' November 4, 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, November 4, 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, Huisien, M. Davis Agenda Review: City Manager City Manager Burkett stated that Item #19, Items Relating to the Trip Generation Study, and Item #35, Items Relating to the Adoption of a Special Event Permit Program, had been withdrawn from the agenda. Jim Brozo, Executive Director of the Larimer County Humane Society, requested Item #36, Hearing and First Reading of Ordinance No. 182, 1986, ' Consolidating Various Code Provisions Pertaining to Vendors, 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 Items #39 and #49, 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 by staff or Council. These items will be discussed immediately following the Consent Calendar. 5. Consider approval of the minutes of the regular meeting of October 7 Second Reading of Ordinance No. 145, 1986, Annexing Approximately 164.8 Acres Known as the Riverbend"Second Annexation. -155- November 4, 1986 ry 7. 91 B. Second Reading of Ordinance No. 146, 1986, Zoning Approximately ' 164.8 Acres of the Riverbend Second Annexation into the T-Transitional Zoning District. These Ordinances were unanimously adopted on First Reading on October 21 and are 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. Second Reading of Ordinance No. 147, 1986, Annexing Approximately 18.7 Acres Known as the Waste Water Treatment Plant #1. B. Second 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. These Ordinances were unanimously adopted on First Reading on October 21 and are 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. This Ordinance was unanimously adopted on First Reading on October 21. 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. This Ordinance was unanimously adopted on First Reading on October 21. 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. F -156- November 4, 1986 1 91 10. 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. This Ordinance was unanimously adopted on First Reading on October 21. This project consists 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. ' This Ordinance was unanimously adopted on First Reading on October 21 and affirms 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. 11. Second Readina of nrdinnnrn Nn Irl 100C n--_a<__ The amendments made by 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, which was unanimously adopted on First Reading on October 21, will provide guidance to the local licensing authority and provide a uniform procedure for both liquor and massage licensing. 12. This Ordinance was unanimously adopted on First Reading on October 21. Final testing for acceptance of the street indicated that the asphalt in Shire Court in Sundering Townhomes P.U.D. did'not meet City street ' construction standards. Although the' deficiencies were not severe, they may cause the street to lose a few years of life due to premature deterioration. In lieu of reconstructing or repairing the street, the -157- November 4, 1986 13. 14. 15. 16. contractor was given the option of paying a penalty City. The funds from the penalty will then be used of $3,109 to the 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, which was unanimously adopted on First Reading on October 21, will make that appropriation. This ordinance, which was unanimously adopted on First Reading on October 21, appropriates $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. Ordinance. This ordinance, which was adopted by a vote of 6-1 on First Reading on October 21, 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. On October 21, 1986, the City Council authorized by Resolution 86-174 an agreement between the City and the State of Colorado to implement a grant for a pilot curbside recycling collection program. The proposed ordinance appropriating the $149,650 grant was tabled until November 4 to allow staff to look into possible lower equipment costs, to ' determine what flexibility there was in changing the proposed contract budget figures, and to estimate what the "likely subsidy or income -158- November 4, 1986 J 17. ME We, might be at the end of the pilot program and during a potential five year program. A. Hearing and First Reading of Ordinance No. 172, 1986, Annexing Approximately 22.63 Acres Known as the Lee Annexation. B. Hearing and First Reading of Ordinance No. 173, 1986, Zoning Approximately 22.63 Acres Known as the Lee Annexation into the R-L-P, Low Density Planned Residential, Zoning District. This is a request to annex and zone approximately 22.63 acres located west of Lemay Avenue, south of the Eaton Ditch, and north of Willox Lane. The requested zoning is for R-L-P, Low Density Planned Residential, Zoning District. A. Hearing and First Reading of Ordinance No. 174, 1986, Appropriating Unanticipated Revenue in the Downtown Development Authority Fund for Payment of Debt Service for the Year 1986. B. Hearing and First Reading of Ordinance No. 175, 1986, Appropriating Unanticipated Revenue in the Downtown Development Authority Fund for Payment of Debt Service for the Year 1987. C. Hearing and First Reading of Ordinance No. 176, 1986, Appropriating $10,287 in the Downtown Development Authority Capital Projects Fund for Escrow Fees on the 1984 Refunded $8.2 Million Tax Increment Bond Issue. These Ordinances appropriate funds for the payment of Downtown Development Authority debt service for 1986 and 1987, and a one-time escrow account fee for the 1984 refunded bond issue. Items Relating to the Trio Generation Study. A. Resolution 86-175 Authorizing the Execution of an Intergovernmental Agreement Between Larimer-Weld Regional Council of Governments (LWRCOG) and the City of Fort Collins for the Use of $14,807 in P-L.(Planning)-Funds. B. Hearing and First Reading of Ordinance No. 177, 1986, Appropriating Unanticipated Revenue ($14,807 from the State Highway Department P-L Funds) for Use on the Trip Generation Study. -159- November 4, 1986 20. This project will develop localized trip generation data which will be ' used to determine traffic -related impacts of various types of development. The total cost of the study is $17,000 and will be completed by City staff. Of the $17,000, the City will contribute $2,193 of in -kind services (staff time, etc.). The remaining $14,807 will be reimbursed from the State Highway Department P-L (Planning) funds which are funnelled through the Larimer-Weld Regional Council of Governments. The developers of The Terraces want to vacate a portion of the blanket easement platted with this P.U.D. and approved during the May 19, 1986 Planning and Zoning Board meeting. The applicant has requested relocating the platted building envelope 5 feet to the south administratively. Planning staff has no problems with the administrative change to move the building envelope provided that portion of the blanket easement is vacated. All utilities have been contacted and have no problems with the vacation. 21. Items Relating to Vacation of an Easement in West Side Subdivision A. Hearing and First Reading of Ordinance No. 179, 1986, Vacating a ' Utility Easement Located on Lot 12, Block 272, West Side Subdivision, Fort Collins, Colorado. 22. Motion Accepting the Dedication of a Replacement Easement. The owner of Lot 12 built a duplex on this lot, which required relocating an existing electrical utility easement. The dedication of this new easement was incorrectly described and recorded with Larimer County. This Ordinance will vacate the incorrect easement, and dedicate the correct location of the existing electrical service. All utilities have been contacted and have no problems with the vacation and dedication. The Downtown Plan Request for Proposals (RFP #P-159) asked for the preparation of a "market/economic analysis" and provision of planning assistance as part of the development of a plan for downtown Fort Collins. Eleven consultants responded to the RFP with Ross Consulting ' Group Team of Denver being selected for the project through the review panel and interview process. The "team" consists of Ross Consulting -160- November 4, 1986 ' Group who will prepare the Downtown Market Study component and EDAW Inc. who will be providing the Downtown planning assistance. The Consultant's fee is proposed not to exceed $30,000 plus reimbursable expenses not to exceed $4,500. The Downtown Plan is scheduled for completion in July, 1987. 23. 24. 25. The Housing Authority has requested that the City amend the Cooperation Agreement, deleting all of Paragraph 3 which provides for the Payment in Lieu of Taxes. This amendment would relieve the Housing Authority from any further payments required under this particular paragraph. 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. In keeping with Council's policy, recommendations for these appointments were announced at the October 21 Council meeting. The appointments were tabled to November 4 to allow time for public input. The prospective appointees are listed below: Zoning Board of Appeals - Mark Coleman, alternate Commission on the Status of Women - Liza Daly, regular Joan Perry, alternate The applicant is requesting approval of a waiver to the requirements for off -site street improvements for a seven lot subdivision on 4.01 acres. The project is located on the north side of Country Club Road, approximately 1 mile east of Colorado Highway 1 (near 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. -161- November 4, 1986 26. Routine Deeds and Easements. I The following are routine deeds and easements which have been reviewed and approved by the affected departments and legal staff: Powerline Easement from Dorothy A. Whisler located on Lincoln Avenue west of Lemay Avenue, to install an underground electrical duct bank. Consideration: $1. Powerline Easement from Barrett Enterprises, Incorporated located at 207 West Magnolia Street, to install underground electric services. Consideration $1. Agreement with Ten, Inc. (Tom and Alice Nix) and Calvin C. and Lois M. Johnson for the acquisition of property for a drainage facility adjacent to the Burlington Northern Railroad and immediately north of Bath Landscaping on East Prospect. Consideration: Site grading at a maximum cost of $3,000. RECODIFICATION ITEMS Items 27-38 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. 27. 1 To decriminalize most traffic offenses, this ordinance, which was unanimously adopted on First Reading on October 21, 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, which was unanimously adopted on First Reading on October 21, 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. -162- November 4, 1986 Wo 30. 31. 32. This Ordinance, which was unanimously adopted on First Reading on October 21, 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, which w October 21, repeals and insects. The organizat wording clarified in ad These changes are intende have arisen since the necessary in order to coi local veterinarians, del strengthen the provisions s unanimously adopted on First Reading on reenacts Chapter 35 relating to animals and on of the Chapter has been improved and ition to a number of substantive changes. I to solve certain enforcement problems which Chapter was adopted, revise sections as iply with State laws or present practices of to unnecessary or redundant provisions, and with regard to vicious animals. 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. It is recommended that the entire Article 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. This Ordinance was unanimously adopted on First Reading on October 21 and repeals the entire Article. This Ordinance, which was unanimously adopted on First Reading on October 21, 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 instructi6hs concerning reimbursement procedures, documentation, and budget ,.requirements- are proposed to help standardize the process and make it more efficient. -163- November 4, 1986 33. 34. This Ordinance was unanimously adopted on First Reading on October 21. 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. Second Reading of Ordinance No. 164, 1986, Providing for the Amendment and Reorganization of Chapter 112 of the Code. B. Second 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. Second 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. Second 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. Second 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. Second 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.. These six ordinances, which were unanimously adopted on First Reading on October 21, 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. These ordinances are part of the City's current recodification program. 1 -164- November 4, 1986 ' 35. Items Relating to the Adoption of a Special Event Permit Program. A. Hearing and First Reading of Ordinance No. 180, 1986, Adding Chapter 92 to the Code of the City of Fort Collins Regarding Special Events. Resolution 86-178 Establishing a Special Event Permit Application Fee. C. Hearing and First Reading of Ordinance No. 181, 1986, Amending Chapter 114 Regarding Special Event Permits. Chapter 92 establishes the standards for the issuance of a permit for parades, athletic events, and other special events in the City. In the past, permits for parades and other special events have been handled pursuant to administrative guidelines. With the growth of the City and the number of special event permits being requested from the City, it is appropriate at this time to adopt specific standards for the issuance of special event permits. The requirement of a special event permit application fee should shift the burden of the cost of the program to the sponsors of such events rather than the taxpayers in general. 36. Hearing and First Reading of Ordinance No 182 1986 Consolidating ' Various Code Provisions Pertaining to Vendors The Code sections pertaining to vendors, hawkers and peddlers have been revised and consolidated. These revisions are designed to: (1) standardize under one Code section the. procedure for obtaining permission to conduct related kinds of vending activities, (2) make the issuance of a vendor's license discretionary with City staff and (3) establish certain controls over the various types of vending operations within the City. The new Temporary Vendor's ordinance contains licensing requirements and enumerates particular criteria to be used in assessing the advisability of issuing such permits. The ordinance would apply to outdoor temporary vendors on both public and private property within the City. Notable exceptions from the application of the ordinance include retail merchants vending adjacent to their stores; property owners selling on their own premises; wholesalers; and individual participants in exhibitions or shows. 37. Items Relating to Garbage and Weeds Brush and Rubbish A. Hearing and First Reading of Ordinance No..183, 1986, Repealing and Reenacting Chapter 54 of the Code Relating to Garbage Refuse ' and Rubbish. -165- November 4, 1986 ME Hearing and First Reading of Ordinance No. 184, 1986, Amending Chapter 79 Relating to Nuisances. Both chapters are concerned with the prevention and abatement of nuisance conditions related to sanitation. These changes are intended to solve certain enforcement problems which have arisen since the chapter was adopted, revise sections as necessary to conform to present practices in the administration of the chapters, delete unnecessary or redundant provisions, both within Chapter 54, and between the two chapters, and strengthen the provisions with regard to the prevention of unsanitary, unsightly or hazardous conditions within the city, including the screening of inoperable motor vehicles on private property. It is also intended to encourage recycling and to permit properly maintained composting piles. A. Hearing and First Reading of Ordinance No. 185, 1986, Repealing and Reenacting Chapter 30 of the Code. B. Hearing and First Reading of Ordinance No. 186, 1986, Repealing Several Sections of the Code Which Have Been Consolidated in a Revised Chapter 30. These Ordinances revise and consolidate sections of the City of Fort Collins Code pertaining to the City's fund structure. The revisions are designed to make the City's fund structure consistent with generally accepted accounting principles and to bring the Code in line with the current fund structure being maintained by the City. The Ordinances also provide for the consolidation of all major references to City funds and fund structures into one section of the Code, rather than the fifteen different sections which now exist. These changes are being made in connection with the City's current recodification process. Ordinances on Second Reading were read by title by Molly Davis, Deputy City Clerk. Item #5. A. Annexation. RE Item #6. A. atiie n November 4, 1986 B. Second 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 #7. Item #8. Item #9. Item #10. Item #11. Item #12. Item #13. Item #14. Item #15. Item #27. Item #28. Second Reaclino of Or'& Item #29. -167- November 4, 1986 Item #30. Second Reading of Ordinance No 160 1986 Repealing and ' Reenacting Chapter 35 of the Code of the City of Fort Collins Relating to Animals and Insects Item #31. Item #32. Second 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 Improvements Item #33. Second 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. Item #34. A. B. Second 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 C. Code to Establish Backfill Compaction Standards Second Reading of Ordinance No 166 1986 Revealing and Reenacting, with Modifications Chanter 112 Article II the Code Relating to the Wastewater Utility, and Amending Plumbing Code to Establish Backfill Compaction Standards of ' the D. Second Reading of Ordinance No 167 1986 Revealing E. Miscellaneous Sections of Chapter 112 and Reenacting a Article Relating to the Extension of the City's Water Wastewater Systems. Second Reading of Ordinance No 168 1986 Amending Chapter New and 112 of the Code by Repealing Section 112-126 and Reenacting a New Article Relating to the Furnishing of Water and F. Wastewater Service Outside the City. Second 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 Ordinances on First :Reading were read by title by Molly Davis, Deputy City Clerk. Item #16. Hearing and' First Reading of Ordinance No 171 1986 Appropriat mg $149 650 of Unanticipated Revenue in the Natural Resources Recovery Grant Fund 1 M November 4, 1986 IItem #17. A. B. Hearing and First Reading of Ordinance No 173 1986 Zoning Approximately 22.63 Acres Known as the Lee Annexation into the R-L-P, Low Density Planned Residential Zoning District Item #18. A. Hearing and First Reading of Ordinance No 174 1986 Appropriating Unanticipated Revenue in the Downtown Development Authority Fund for Payment of Debt Service for the Year 1986. B. Hearing and First Reading of Ordinance No 175 1986 Appropriating Unanticipated Revenue in the Downtown Development Authority Fund for Payment of Debt Service for the Year 1987. C. Hearing and First Reading of Ordinance No 176 1986 Appropriating $10,287 in the Downtown Development Authority Capital Pro.iects Fund for Escrow Fees on the 1984 Refunded .$8.2 Million Tax Increment Bond Issue Item #19. B. Hearing and First Reading of Ordinance No 177 1986 ' Appropriating Unanticipated Revenue (114,807 from the State Highway Department P-L Funds) for Use on the Trip Generation Study. Item #20. Item #21. A. Hearing and First Reading of Ordinance No 179 1986 Vacating a Utility Easement Located on Lot 12 Block 272 West Side Subdivision, Fort Collins Colorado Item #35. A. Hearing and First Reading of Ordinance No 180 1986 Adding Chapter 92 to the Code of the Citv of Fort Collins Reqardino Special Events. C. Item #36. Item #37. A. Hearing and First Reading of Ordinance No 183 1986 Repealing and Reenacting Chapter 54 of the Code Relating to Garbage Refuse and Rubbish -169- November 4, 1986 Item #38. A. Hearing and First Reading of Ordinance No 185 1986 ' ,]I Councilmember Estrada made a motion, seconded by Councilmember Stoner, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance No. 182, 1986, Consolidating Various Code Provisions Pertaining to Vendors Adopted as Amended on First Reading Following is staff's memorandum on this item: "Executive Summary The Code sections pertaining to vendors, hawkers and peddlers have been revised and consolidated. These revisions are designed to: (1) ' standardize under one Code section the procedure for obtaining permission to conduct related kinds of vending activities, (2) make the issuance of a vendor's license discretionary with City staff and (3) establish certain controls over the various types of vending operations within the City. The new Temporary Vendor's ordinance contains licensing requirements and enumerates particular criteria to be used in assessing the advisability of issuing such permits. The ordinance would apply to outdoor temporary vendors on both public and private property within the City. Notable exceptions from the application of the ordinance include retail merchants vending adjacent to their stores; property owners selling on their own premises; wholesalers; and individual participants in exhibitions or shows. Background The provisions of the City Code''with regard to transient vendors, hawkers and peddlers within the City have been scattered throughout several different Code sections. In revising these sections, various members of staff, including representatives from the City Attorney's office, the Finance Department, Parks and Recreation, Engineering Services and the Police Department have met on several occasions to discuss a better method of handling the licensing of such activities. Affected vendors have also ' been afforded an opportunity to respond to the proposed revisions. NfL1h November 4, 1986 ' Some of the issues considered are the nature of such activities to passersby, both in terms of traffic congestion and personal contacts; antitrust considerations; liability concerns; special events; rights of adjacent property owners and concerns related to the management of City parks. In an effort to adequately address these various concerns, staff is recommending the attached ordinance. Two categories of vendors, collectively referred to as "temporary vendors" are covered by the ordinance. The first, category includes those who sell directly to motorists and pedestrians on street corners and other high traffic areas. (These persons might not utilize any container or structure which would bring them within the second category). The most common example of persons covered by this first part of the definition are the flower vendors. The second new category of vendors are those who do utilize a booth, cart, container or other device in their sales, such as persons selling ice cream from vehicles or hot dogs from a stationary booth. The activities of such persons would be covered whether their permitted location were the entire City limits or a single location. When one considers the number of persons and events which will be encompassed by this definition, it is apparent that the application of the ordinance will be quite broad. There are two reasons .for .this. First, staff felt that regulations pertaining to all outdoor vending activities ' within the City should fall under one ordinance, with a single department being responsible for the administration of these regulations. Secondly, the Finance Department in particular wanted to be sure that we license all types of temporary vendors so as to better ensure the collection of sales tax revenues from the sales of all such vendors. With regard to outdoor exhibitions and shows, individual participants will not be individually required to obtain licenses, but the sales activities of these individuals will be regulated by the conditions on operation contained in Section 73-160 of the ordinance. Persons selling at street fairs or other activities licensed under a special events permit would also be covered, although certain particular requirements might not apply to them (such as the restriction against having a booth or structure within a road or street). Among those who would not be covered at all by the ordinance are retailers selling upon a sidewalk immediately adjacent to their premises. Wholesalers are also entirely exempted. The licensing requirements specified in the ordinance attempt to obtain in advance enough information about the proposed operation so that staff can make an informed decision as to whether it would be in the public interest to allow the operation. Bonds will be required of those who do not have real property which could be the subject of a lien for unpaid sales taxes and those who have not previously obtained such a license and successfully ' complied with the requirements of its issuance. DIVAS November 4, 1986 In reviewing the license application, the Director of Finance is to consult ' with the Director of Engineering Services and the Director of Parks and Recreation insofar as their departments might be affected by the proposed operation. Particular criteria have been included within the ordinance that should be considered by those departments in making their recommendations. These criteria revolve around the amount of anticipated impact upon pedestrian and vehicular traffic. The license, if issued, would be for a specific location and would contain sufficient information to allow for enforcement of the conditions of the issuance by the Police Department. The conditions imposed upon licensees' activity are designed to minimize the City's potential liability and to better insure public safety. In addition to conditions regarding the manner of actual operation, liability insurance would be required so as to guard against foreseeable risks such as injury to pedestrians or customers, food poisoning, etc. (Because of recent changes in the Governmental Immunity Act, the City is less at risk with regard to this kind of activity. Nonetheless, the State legislation does not apply to causes of action brought in Federal District Courts, and, although there are other layers of protection in such actions, there may still be some exposure for the City in reviewing and permitting certain of these activities). Staff believes that requiring licensees to maintain liability insurance, perhaps with the City as an additional named insured, would be advisable. Those sections of the Code which will be repealed by this ordinance are the following: ' Section: 73-13 Hawkers license fee 73-14 Sale of evergreen trees and boughs 73-21 License fee (for "Special sales") in addition to other applicable fees 73-29 License required for hawking and peddling; exceptions 73-35 Vending of fruits and vegetables from vehicles restricted Article XIII, Chapter 95 Use of Streets and Sidewalks by Vendors It should be noted that certain deleted portions of the section dealing with the sale of evergreen trees will not be covered by the provisions of this new ordinance. Those provisions in Section 73-14 presently prohibit the sale of trees which are not tagged or which were cut without the property owner's permission. Staff feels that these areas of concern are adequately addressed by other laws and, regulations and need not be regulated by City ordinance." Jim Brozo, Executive Director of the Larimer County Humane Society, expressed concern with Section 73-155(C) of the proposed Ordinance. He stated he had heard concerns from mall owners that this section requires the mall owners sponsoring events to police the collection of sales tax ' receipts. He added it was his understanding from discussions conducted last week, it may require the mall owners to provide insurance coverage for 172- November 4, 1986 ' each participant. Mr. Brozo indicated this might have the effect of having mall owners unwilling to sponsor such events. He suggested input be solicited from agencies who might be sponsoring events. Mayor Ohlson stated he had talked with staff members and one of the mall managers and that staff will be looking into some of the concerns prior to adoption on second reading. City Attorney Huisjen indicated that the ordinance had been redrafted prior to the meeting and a copy of the new draft was distributed to Council. He stated that Section 73-155(C) had been rewritten to provide that individuals are required to obtain permits unless the sponsor obtains the permit. He read the new paragraph as follows: C. Individual participants selling at any bazaar, street fair, exhibition, or show shall be required to obtain individual licenses under this Article, unless a designated person or organization sponsoring any such event obtains a license therefor and agrees in writing to be responsible for monitoring the compliance of individual participants with the provisions of Section 73-160. City Attorney Huisjen indicated that Section 73-16O(C) had also been rewritten to eliminate the insurance requirement as follows: ' C. All licensees who, during the course of their licensed activities, operate within or enter upon a public right-of-way or publicly -owned property shall maintain liability insurance in an amount to be determined by the Director of Finance, according to administrative regulation, with proof of the same to be presented at the time of submission of the application. Any licensee who fails to provide proof of such insurance shall be prohibited from operating within or entering upon such property. Acting Finance Director Alan Krcmarik responded to questions from Council about the provisions of this Ordinance and the timing of the Ordinance as part of the recodification process. He spoke of the efforts made to involve groups and individuals affected by this Ordinance in the drafting process. Councilmember Rutstein made a motion, seconded by Councilmember Estrada, to adopt the revised version of Ordinance No. 182, 1986 on First Reading. Jim Brozo stated he did not feel the efforts made to inform affected parties was adequate. He stated he felt more input was needed from non-profit organizations. Mayor Ohlson stated more improvements may be made prior to second reading. ' The vote on Councilmember Rutstein's motion to adopt the revised version.of Ordinance No. 182, 1986 on First Reading was as follows: Yeas: -173- November 4, 1986 Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Powerline Easement from Stoner/Bidwell Accepted Following is staff's memorandum on this item: "The City has obtained a routine powerline easement located at the rear of 514 South Howes for the installation of underground electric services. Councilman Stoner is one of the grantors of the easement, which is not scheduled on the Consent Calendar. The five grantors are S. Edward Stoner, Phyllis A. Stoner, Dorothy E. Stoner, William B. Bidwell, and Jean M. Bidwell. Consideration: $1." Councilmember Stoner asked the record show he did not participate or vote on this issue. Councilmember Rutstein made a motion, seconded by Councilmember Kirkpatrick, to accept the easement. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, and Stoner. Nays: None. (Councilmember Stoner withdrawn) THE MOTION CARRIED. Resolution 86-179 Making an Appointment to Following is staff's memorandum on this item: "A vacancy currently exists on the Senior Advisory Board due to the resignation of alternate member Martha Bartlett. The individual Council liaison has reviewed the applications on file and will announce the recommendation at the November 4 Council meeting. In keeping with Council's policy, this Resolution will be tabled until November 18 to allow for public input." Mayor Ohlson made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 86-179 inserting the name of Roxanna Smock. Councilmember Stoner made a motion, seconded; by Councilmember Liebler, to table Resolution 86-179 to November, 18. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. 1 174- November 4, 1986 I City Manager's Report City Manager Burkett reported on the selection process for the positions of Development Services Director, Finance Director, and Deputy City Manager. Councilmembers' Reports Councilmember Horak reported that the Wild and Scenic legislation was signed by President Reagan last week. He thanked current and past Councils for their strong support of the legislation and for the opportunity to work on the issue. He spoke of a study being done by the Colorado Water Resources and Power Development Authority, stating copies were available at the CSU and Fort Collins Libraries, and the City Clerk's office. Councilmember Kirkpatrick reported that the Fort Collins Museum tour program is being revised and approved with assistance from the Poudre R-1 School District. She also reported on a new World War I exhibit of posters and uniforms opens November 8th at the Museum. Councilmember Rutstein reported on a form developed by Councilmember Kirkpatrick and herself to be used in the City Manager's evaluation. She also reported that she had been appointed to the Colorado Endowment for the Humanities. ' Other Business Councilmember Horak expressed concern about PRPA giving ratepayers' money to various cities for economic development purposes. He noted that Fort Collins' two boardmembers did not support an increase in the amount. Councilmember Rutstein agreed with Councilmember Horak, but noted that the other side of the issue is that PRPA feels that because they are a wholesaler and they have a need to sell power, that it is in their best interest to encourage economic development. Councilmember Horak requested an ordinance be proposed for the next Council agenda to change the limitation on per entity campaign contributions for or against candidates. He stated he would like to see it lessened from $500 to approximately $200. He asked if other Councilmembers would be interested in discussing the issue. Councilmember Rutstein stated she would be interested in discussing it. Councilmember Liebler stated she would also be interested, but would prefer a specific dollar amount not be set until after discussion. Councilmember Estrada stated he would like staff to conduct a survey of other cities on their campaign contribution limitations. -175- November 4, 1986 Councilmember Stoner stated he would like to see the public made more aware ' of the topic so that Council might receive some input at the next meeting. Citizen Participation a. Proclamation Naming November 16-22 as Clean Air Week was accepted by John Sanker, representing the American Lung Association of Colorado, and Brian Holmes, Clean Air Organizer for CSU Clean Air Day on November 19. b. Proclamation Naming the week of April 6-11 1987 as Native American Heritage Week was accepted John Dago, President of the Native American Student Association at CSU. c. Presentation of Certificate of Appreciation to Jim Munn for donation to Senior Games team. Nancy Luttropp, Recreation Supervisor for the City of Fort Collins, presented a certificate of appreciation to Jim Munn for his $500 donation to the Senior Games program for equipment. Jim Munn stated he could not have raised this money himself and credited the Parks and Recreation Department for their ballfields. d. Presentation of 1986 Gold Medal Award from the National Sports ' Foundation and the National Recreation and Parks Association. Director of Parks and Recreation H.R. Phillips introduced John Smith, Gojo Sporting Goods, who was the local sponsor for the Fort Collins Parks and Recreation Department. He introduced Dave Warner, Parks and Recreation Public Relations Coordinator who was responsible for preparing the application. He acknowledged the CSU Office of Instructional Services for their work on the slide program. Mr. Phillips presented a check for $1,000 which is designated for a parks and recreation program that is not funded in the current budget. He then presented the Gold Medal award to the Mayor and Council. Mayor Ohlson thanked H.R. Phillips, Gojo's, the staff, and the citizens who supported the parks and recreation program. Councilmember Horak also recognized the Parks and Recreation Board for their long-term planning of the parks and recreation program. City Manager Burkett stated the credit goes to the residents and Councils of Fort Collins for their willingness to put forth the resources to maintain a standard of excellence in the parks and recreation program. I -176- November 4, 1986 ' Resolution 86-180 Authorizing the City Manager to Contract with Larimer County for the Provision of Social Services Adopted Following is staff's memorandum on this item: "Executive Summary $152,100 of Revenue Sharing funds has been allocated to human service agencies from the Community Services Fund in the 1987 budget. Since 1981, the City has been contracting with the Larimer County Department of Human Development. Authorization of the contract including the proposed allocation of funds to various agencies is needed. Background In 1981, the City of Fort Collins turned over the responsibility for administering its funding of social service agencies to the Larimer County Department of Human Development. Prior to that time, individual contracts between the various agencies and the City of Fort Collins were utilized. The City had the responsibility for paying each individual agency, while actual monitoring of the agencies' performance was done by the County's Department of Human Development. The mechanism for City funding of social services has evolved to a single contract with Larimer County whereby the City conveys funds to the County and the County distributes those funds ' among social service agencies as agreed to by the City and monitors the performance of the individual agencies. Loveland handles their funding of social service agencies in the same manner. The County Department of Human Development thus coordinates a county -wide program funded by contributions from Fort Collins, Loveland and the County. The proposed allocation of City funds was developed by the Human Resources Committee, a sub -committee of the Larimer County Community Action Board whose members are appointed by the City Councils of Loveland and Fort Collins and the County Commissioners. The Committee was comprised of three residents from each of Fort Collins, Loveland and the County. Fort Collins' representatives were Sam Blanco, David Lipp and Paul Loopo. In reviewing the 29 applications for funding, the Committee developed and used a services priority rating system to facilitate the allocation process and determine the allocated amounts. Funding requests totaled $109,000 more than the anticipated available revenue. Each agency presented its application in person to the Committee. The resultant allocations reflect the Committee's emphasis on funding agencies that address essential human needs. (The priority rating system is attached.) The allocations further reflect proportionate contributions from the three funding sources based on historic and projected origin of clients. The 1987 Human Resources program has projected total contributions of ' $274,336. The proposed $152,100 contribution from Fort Collins represents 55.4% of the total program, while the County share is 30.2%, and Loveland -177- November 4, 1986 is contributing 14.3%. Proportionate contributions for the 1986 program were: Fort Collins -- 56%; County -- 31%; and Loveland -- 13%. The proposed allocation of Fort Collins' 1987 contribution of $152,100 is as follows: Care -A -Van $ 5,650 * Catholic Community Services Northern 3,250 Colorado Rural Legal Services 5,250 Crisis Information Helpline 23,150 Crossroads 6,750 Handicapped Information Office 5,100 Home Helps 13,000 Larico 4,000 Larimer County Alcohol Services 3,150 Food Distribution Center 7,150 * Lutheran Social Services 1,900 Money Management 1,500 Neighbor to Neighbor 8,750 * Project Self Sufficiency 3,000 * Respite Care 3,408 RSVP 2,000 SAINT 3,000 Sunshine School 4,100 United Day Care 11,600 Volunteers Clearing House 4,850 Women's Center 9.800 TOTAL Agency Funding $130,358 Administration 21,742 TOTAL Fort Collins Contribution $152,100 The total allocations for all agencies included in the 1987 Human Resources program are attached, along with a listing of the purpose of each agency and intended use of funds. The four agencies asterisked above were not among the agencies funded by Fort Collins last year. Respite Care was funded by the County last year but the program focused on Loveland residents. The other three agencies are new to human resource funding this year and were funded because they meet the allocation criteria of promoting self-sufficiency for low income, handicapped, elderly and minority persons in the service areas of basic services, emergency services, child care, counseling and coordinated use of services. Seven of the agencies allocated Fort Collins revenue sharing funds for 1987 also received CDBG funding for October 1986 through September 1987. These agencies and their CDBG allocations are as follows: 1 -178- November 4, 1986 ' Care -A -Van $ 14,636 Catholic Community Services Northern 7,500 Handicapped Information Office 33,680 Neighbor to Neighbor 246,561 United Day Care 23,155 Volunteers Clearing House 2,750 Women's Center 2,750" Councilmember Stoner withdrew from discussion and vote on this item due to a conflict of interest. Councilmember Horak withdrew from discussion and vote on this item due to a possible conflict of interest because he serves on the Board for one of the organizations receiving funding. Councilmember Estrada made a motion, seconded by Councilmember Liebler, to adopt Resolution 86-180. Paul Loopo, member of the Human Relations Commission, answered questions from Council regarding the priority system used to formulate the allocation of funds. Councilmember Rutstein thanked the members of the Human Relations Commission, City staff, County staff, and other agencies involved in the ' process. Councilmember Kirkpatrick pointed out that 27 agencies in the County would be sharing $152,000 with the average dollar amount being less than many families spend on an automobile. Councilmember Estrada stated that he felt the City was going to have to take a stand toward human services in the future, and make sacrifices in order to serve the poor and hungry in the community. Mayor Ohlson questioned whether the federal revenue sharing cuts are being builtinto the 1988 budget. City Manager Burkett replied that human service programs are included in projections for future expenditures. The vote on Councilmember Estrada's motion to adopt Resolution 86-180 was as follows: Yeas: Councilmembers Estrada, Kirkpatrick, Liebler, Ohlson, and Rutstein. Nays: None. (Councilmembers Horak and Stoner withdrawn) THE MOTION CARRIED. -179- November 4, 1986 Resolution 86-181 Authorizing the City Manager I to Enter into an Agreement with the Fort Collins Convention and Visitors Bureau Adopted Following is staff's memorandum on this item: "Executive Summary On August 19, 1986 the City Council authorized the City Manager and staff to research and negotiate a contract for services for the promotional and organizational services required to effectively support visitor, tourism, convention and the related recreational and cultural activities in Fort Collins. Requests for proposals were solicited from the local travel, marketing and meeting planners and two proposals were submitted. City staff reviewed the proposals and interviewed the candidates. Staff recommends that the contract for services be negotiated with activities and responsibilities as generally outlined in the proposal submitted October 6, 1986, by the "Citizens Committee for the Development of the Fort Collins Convention and Visitor's Bureau". The Council subcommittee on Economic Development has reviewed both the proposal and the contract and have recommended changes which clarify and emphasize issues of particular importance to the City, and amend the contract accordingly. The staff and Council subcommittee recommend approval of the resolution. Background Convention activities, coupled with tourism and extended visitor stays in the area can ' generate significant economic benefits and is considered one of Colorado's base industries. As a clean industry, generating new dollars and increased tax revenues, there is competition between communities to expand these opportunities. The successful efforts of a Bureau can bring modest benefits of increased employment opportunities, many of them entry level positions in the hotels, restaurants, and services. However the major benefit is the addition of new money into the local economy from outside sources and the additional tax revenues generated. Sales and lodging tax revenues increase with increased hotel, motel and facility bookings, extended stays, and the restaurant and retail service to conventioneers and visitors, expanding revenues substantially with minimal impact on municipal services and infrastructure. The existing marketing effort is disjointed with each hotel, restaurant or retailer promoting its own facility with limited resources. However, it would be a primary responsibility of the" Bureau to coordinate promotional activities, marketing the community as a whole. Marketing efforts should emphasize the existing facilities and attractions including the Lincoln Center, EPIC, Fort Collins Museum, the trolley, Old Town, Power Plant Visual Arts Center, Horsetooth recreational areas, city parks, golf courses, Transfort and Hughes Stadium. The Bureau should promote the unique local attributes, facilities, special events, and cultural and recreational activities. ' -180- November 4, 1986 ' PROPOSAL - Changes to the general proposal are suggested which will reinforce and clarify issues key to the City's participation and contractual agreement. The changes are intended to encourage broad public participation and membership in the Bureau, and to encourage funding from a variety of sources. Changes to be included in the final agreement will include provisions for: - Board of Directors, appointed by the City Council, - an expanded Board of Directors of 17 members to represent the following sectors: Advertising and Public Relations 1 position Performing Arts 1 Visual Arts I Recreational Services I City of Fort Collins I Chamber of Commerce I Colorado State University 2 Food and Beverage Industry 2 Lodging industry 2 (Based on number of rooms - 1 representative for the large hotels and 1 representing the hotels with less than 50 rooms) Media I Retail 1 Travel Industry I At -large members 2 TOTAL 17 The Bureau Executive Director should serve as an ex-officio member. The City of Fort Collins Mayor or designee should serve as an advisor. The subcommittee also suggested changes to incorporate a graduated membership fee schedule and graduated FTE scale, amendments to bylaws require open and public meetings, and modifications to the Bureau staff job descriptions to require more professional experience and delete the typing requirement. Clarification of the role and election of officers, control of funds, budget, and audit to be consistent with the City's standard financial policies will also be incorporated into a revised scope of services. Market plans should be modified to include Bed and Breakfast facilities and additional emphasis on the City's facilities. The addition of baseline data to document performance is an important element of the Bureau marketing services and will be incorporated into the contract. The proposal served as a framework fbr: discussion. The Bureau is proposed ' to be a pilot program and modifications may be made to improve the contract for services, Bureau responsibilities and activities. -181- November 4, 1986 CONTRACT - Amendments to the contract have been incorporated to clarify key points. Additional changes will be made so that the contract and scope of services coincide and provide the services the City desires. The revised scope of services will be an attachment to the contract. BUDGET - The proposed Bureau budget and City funding requested are attached. Staff and the Council subcommittee recommend approval of the Resolution authorizing the City Manager to enter into an agreement to secure promotional and marketing services to be provided by the Fort Collins Convention and Visitors Bureau." City Manager Burkett stated the Council Economic Subcommittee had reviewed the proposal, the contract, etc. and Linda Hopkins would review the changes suggested by the Subcommittee and outline the key issues for Council discussion and decision. Assistant to the City Manager for Economic Development Linda Hopkins stated this item authorizes the City Manager to finalize an agreement for convention and visitors bureau services. She gave a background of the item and outlined the issues for Council discussion and decision. Councilmember Estrada made a motion, seconded by Councilmember Liebler, to adopt the revised version of Resolution 86-181 (Version B). City Attorney Huisjen pointed out the Resolution contains blanks that will need to be filled in by amendment. Linda Hopkins and members of the Committee involved in the proposal answered questions from Council about the specifics of the proposal and agreement. Robert Bisetti, Bisetti's Restaurant, representing the Larimer County Chapter of the Colorado/Wyoming Restaurant Association, stated one of the goals of the Larimer County Chapter is to support a convention and visitors bureau in Fort Collins. He pointed out that the State is increasing its budget in order to work to bring more people to Colorado, and he felt Fort Collins should work to bring those same people to our city. Nancy Frazier, Frazier Advertising and Public Relations, stated that as a former resident of Las Vegas she had the opportunity to see the benefit that the convention and tourism business provided to Nevada. She stated the convention bureau has the`; ability to pull a community together in promoting convention business, making the community stronger. She encouraged Council to support the proposal. Bob Brookover, CSU Lory Center, stated he had been involved in the convention business in Fort Collins for approximately 20 years. He stated over the past few years it has become increasingly difficult to attract groups to Fort Collins. He indicated the competition for attracting groups is very strong, and suggested Council approve the convention bureau. i -182- November 4, 1986 ' Eileen Humphries, manager of University Mall, resident of Greeley, stated one of the reasons Fort Collins lost the Bronco training camp was the fine convention group in Greeley. She supported the proposal. Jim Reidhead, 235 Linden, stated he thought there was a possibility of including people in this endeavor that have been traditionally excluded from economic activities in Fort Collins. He viewed this as an opportunity to celebrate some of Fort Collins' cultural diversity. He encouraged those involved to look for innovative ways to include some of the less obvious attributes of Fort Collins (i.e. arts community, cultural diversity). He urged consideration be given not only to large groups, but also to individual travelers. Mike Spain, Mike Spain and Associates, spoke about the establishment of a bureau in Boulder. Councilmember Estrada outlined the Subcommittee's proposal for funding the convention and visitors bureau, noting that in 1988 70% of the Lodging Tax collected would go toward the bureau and 30% would go toward cultural programming and the mitigation fund. He stated the same split would carry over into 1989. In response to a question from the Mayor, City Attorney Huisjen indicated that the individual who made the original motion and the second could agree ' to amend their motion in order to fill in the blanks in the Resolution. Councilmember Estrada stated he would like to amend his motion to adopt Resolution 86-181 to insert 70% in both blanks. Councilmember Liebler, as the second to the original motion, agreed to the amendment. Councilmembers discussed pros and cons of other options for funding levels. Councilmember Estrada indicated he favored the proposal, stating he felt it would enhance the environment, enhance the image and marketability of the community, provide more jobs, provide a cooperative environment among businesses, expand the sales tax, and benefit many retail businesses. Councilmember Rutstein stressed several items she would like to have the Board be cognizant of, including a broad representation and diversity on the Board, the use of City facilities, a graduated membership fee, open meetings and public notice of those meetings, and establishment of baseline data to measure the success of the bureau. She stated she viewed the proposal as a way to enhance the financial stability of the community, promote the use of City facilities, and increase the viability of the Old Power Plant Visual Arts Center. ' Councilmember Liebler agreed with Councilmembers Estrada and Rutstein, stating she strongly supported bringing the clean industry of tourism to Fort Collins. She indicated she felt a bureau would be instrumental in -183- November 4, 1986 promoting several of the strong points of the community that would not typically be addressed by the hotel industry, such as the arts community. Councilmember Kirkpatrick stated that although she supports the proposal, she felt it important to point out some of the negative aspects of having a convention and visitors bureau. She pointed out the costs to the City in terms of increased use of services and facilities, traffic congestion, park useage, and competition for seats at cultural and sports events. She pointed out that jobs created in the service industry are typically minimum wage or lower paying positions with few long-term career opportunities. She expressed concern about the impact that might have on the community. She also highlighted some of the positive aspects of the bureau, stating she felt it would succeed because of the motivation of a broad -based board of directors and Fort Collins' attractiveness as a place to visit. Councilmember Horak stated he felt the convention and visitors bureau was a good idea, but the question the Council should be looking at is not whether it is a good idea or not, but whether it's a good investment of funds to bring additional business into Fort Collins. He stated he did not feel other options had been explored. Mayor Ohlson stated he felt the proposal was a good one, and one he could support. He outlined some of his concerns about the functioning of the bureau. He pointed out some of the positive impacts of the bureau, including the creation of a Cultural Programming Special Events Fund, and a Mitigation Fund to help defray costs. He stated he felt everyone will benefit from the formation of a bureau. The vote on Councilmember Estrada's motion to adopt Resolution 86-181 (Version B) inserting 70% in the blanks was as follows: Yeas: Councilmembers Estrada, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: Councilmember Horak. THE MOTION CARRIED. Mayor Ohlson stated the next issue for decision was the composition and appointment of the Board of Directors of the Bureau. Councilmember Stoner proposed the following alternative language relating to the composition of the board: "The articles of incorporation of the bureau shall provide that the initial board of directors shal'1 be selected from individuals in the groups and interests identified in the agenda item summary for the resolution of the City Council authorizing this agreement, listing 17' positions, and shall include 3 members appointed by the City from each of the following areas: performing arts area, recreation services, and the city at -large. Subsequent vacancies shall be filled by applicants who possess the same qualities and qualifications as the initial board, the corporation shall advertise publicly for the applicants for the board of director vacancies, and the board members shall be 1 -184- November 4, 1986 ' chosen by an election of the corporation's membership at large. These articles of incorporation of the bureau shall be submitted to the City for approval prior to the payment of any funds by the City pursuant to this agreement." Councilmember Stoner stated that for the first year the bureau would submit their own names for 14 of the positions and the City Council would appoint 3 members. From that point on, appointments would be made by an election process. Councilmember Liebler stated she felt it more reasonable to have the City appoint those positions that are not in a profit -making industry, i.e. visual arts, performing arts, recreation, City of Fort Collins, and at -large members (2) for a total of 6 positions. Councilmember Horak agreed with Councilmember Liebler's suggestion, stating he felt since the City was providing a large portion of the funding, the City should have a strong voice on the board. Councilmember Rutstein stated she felt it was important to have City people on the board to represent the use of City facilities. City Manager Burkett pointed out the work of the bureau will be carried out by the staff that the bureau hires. He stated City staff could be in° contact with the bureau staff. He stated he preferred the City distance itself from the bureau, maintaining an "arms length" contractual relationship. City Attorney Huisjen discussed the legal aspects of having the City appoint 3 positions or having the City appoint all 17 positions. He stated that from the liability perspective it was desirable to have the Bureau be an autonomous agency. Councilmember Liebler made a motion that the articles of incorporation of the bureau shall provide that the initial board of directors shall be selected from individuals in the groups and interests identified in the agenda item summary for the resolution of the City Council authorizing this agreement, listing the 17 positions, and shall include 6 members appointed by the City from each of the following areas: visual arts, performing arts, recreation services, City of Fort Collins, and (2) at -large members. Subsequent vacancies shall be filled by applicants who possess the same qualities and qualifications as the initial board. The corporation shall advertise publicly for applicants for the board of directors vacancies and the boardmembers shall be chosen by election of the corporation's membership at -large. The articles of incorporation of the bureau shall be submitted to the City for approval prior to the payment of any funds by the City pursuant to this agreement. Councilmember Estrada seconded the motion. 1 lit -III November 4, 1986 Craig Campbell, member of the citizen committee which developed the bureau ' proposal, encouraged the City to appoint 6 positions on the board to provide professional expertise in the areas targeted by Councilmember Liebler. Council discussed the motion made by Councilmember Liebler, and discussed the types of individuals the City might appoint, i.e. City employees and/or dues -paying members of the bureau. The vote on Councilmember Liebler's motion concerning the composition of the board was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, and Rutstein. Nays: Councilmember Stoner. THE MOTION CARRIED. Resolution 86-182 Authorizing Staff to Proceed with an Eminent Domain Action Involving the Larimer #2 Canal Extension for the Construction of Certain Public Improvements Involving Storm Drainage Adopted Following is staff's memorandum on this item: "Executive Summary The resolution would authorize the legal staff to use, if necessary, the ' City's eminent domain powers to acquire a section of the Larimer #2 Canal Extension for the purpose of implementing an important component of the Mail Creek/McClelland Storm Drainage Plan. Staff believes that the action is in the public interest and serves a public purpose. The eminent domain procedures would only be used if our continued negotiations with the owners fail. Background The Larimer #2 Canal Extension, which runs from Warren Lake south beyond Harmony Road to Mail Creek is a key element of the overall storm drainage plan for the land through which it runs, the upper portion of the McClelland Drainage Basin. Historically this canal has carried much of the storm water runoff from this area, primarily because the canal inadvertently intercepted it. However, with the development of land in this area storm water runo W increased and the irrigation company would not allow these developed flows to enter their ditch unless provisions could be made to eliminate flooding problems. To this end, the Stormwater Utility and the Larimer #2 Irrigation Company signed a letter of understanding in 1982 that would allow a specified amount of stormwater runoff to enter the Larimer #2 Canal Extension if the City would insure that as development took place adjacent to the canal, certain improvements to the canal would be constructed concurrent with the development. The first such , improvements took place in conjunction with the reconstruction of Horsetooth Road west of College Avenue. Those improvements included the of rim November 4, 1986 ' regrading and shaping of the canal from College Avenue to the inlet structure at Warren Lake. Additional improvements were completed with the Heart SID, which enlarged and realigned the canal from north of Boardwalk Drive to Troutman Parkway. A proposed development, which lies immediately south of Troutman Parkway, will continue the canal improvements. The southern boundary of this development is slightly north and west of the Pioneer Mobile Home Park, leaving only two areas for which further canal improvements will be needed to complete the system; the area along the western boundary of the Mobile Home Park, and the transition area between the Park and the proposed development which will connect the realigned canal through the proposed development with the existing canal adjacent to the Park. The enlargement of the canal through the proposed development will necessitate the enlargement of the canal adjacent to the Mobile Home Park. This is true whether or not the canal is realigned because the increased capacity of the canal all the way to the Park will make the Park the location at which the canal will overtop and flood. It is therefore essential that if the proposed development be allowed to occur, canal improvements be completed all the way to Harmony Road (i.e. through the transition area and along the west boundary of the Pioneer Mobile Home Park). Even without the proposed development the canal must be enlarged as development continues in the area to the north because much of that stormwater will be conveyed to Mail Creek in this canal. Therefore, after considerable discussion and review, Staff has determined that it is necessary in the public interest to construct these storm drainage improvements and to acquire the necessary property to accommodate development in this area. We are continuing to negotiate with the property owners, and will only use the eminent domain authority if the negotiations cannot be brought to a satisfactory conclusion." Councilmember Stoner asked the record show he did not participate in the discussion or vote on this item. Utility Services Director Rich Shannon gave a background of the item and answered questions from Council. Councilmember Horak made a motion, seconded by Councilmember Rutstein, to adopt Resolution 86-182. Marc Middel, representing Fort Collins Assemblage Limited and Bill Strickfadden, general partner, presented information on the history of this transaction. He stated his client had reached an agreement with the developer for sale of the property in question. He stated his client feels the developer is backing out of the original agreement and pursuing condemnation proceedings through the City in order to lower the cost of obtaining the property. City Manager Burkett explained that the City, is requiring, as part of the ' development, that the entire length of the drainageway be improved, not just the part that goes through the current development. He.stated that in order to do that there needs to be an easement obtained. He indicated that -187- November 4, 1986 the issue for the City is whether it is in the public interest to obtain ' the storm drainage improvement and condemnation. He stated negotiations have been underway and there has been some disagreement between the parties involved. City Attorney Huisjen stated the documents that have been prepared are in dispute among the parties. He stated they have concluded that the documents are not adequate for the City to take title. He stated that although an agreement has been struck among some of the parties, it is the City's opinion that the documents are not sufficient and that is why condemnation proceedings are being pursued. He indicated that the negotiations have been continuing for some time. He stated that in condemnation the City pays a fair market value for the property. Assistant City Attorney Steve Roy stated in his opinion there was no agreement as to the amount of compensation to be paid among the private parties. He stated he did not feel there were any documents in place to insure the City's right to do what it believes is necessary in the public interest. Utility Services Director Rich Shannon noted the City would not proceed with condemnation unless it was necessary. He pointed out that past experience has shown that once the Council gives authority to proceed with condemnation, there is more motivation among the parties to settle. Dave Wood, attorney for Sullivan -Hays Companies, the developer of the ' property to the north of the property in question, stated he was also authorized to speak on behalf of the owners of the 14 acres north of the subject property. He stated he felt it was important to keep in mind that the Larimer Canal q2 extension is a matter of significant public interest. He stated the adjacent property owners he represents endorse the condemnation proceedings. He stated there is no concluded agreement among the parties involved. He stated the disputes involved should be resolved through the courts. Councilmember Liebler stated although she understood staff's desire to come to some conclusion of this issue, she could not support using the City's power of condemnation in a private matter. Councilmember Horak stated he felt a combination of powers is being used to achieve the goal of improving the drainageway. The vote on Councilmember Horak's motion to adopt Resolution 86-182 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Ohlson, and Rutstein. Nays: Councilmember Liebler. (Councilmember Stoner withdrawn) THE MOTION CARRIED. elm November 4, 1986 Adjournment Councilmember Estrada 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 10:55 p.m. Deputy City Clerk 1 j IM