HomeMy WebLinkAboutMINUTES-11/18/1986-RegularNovember 18, 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 18, 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
Councilmember Horak requested Item #17, Acceptance of Certification of the
Results of the November 4, 1986 Special Election, 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 #22 and #33, 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.
4. Consider approval of the minutes of the regular meeting of October 21
5. Second Readina of ordinanra Nn 171 10Q9 r,en crn -L
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
recyclables targeted for collection are aluminum cans, newsprint,
glass and cardboard. This ordinance, which was unanimously adopted on
November 4 on First Reading, appropriates the $149,650 grant.
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November 18, 1986
91
7.
A. Second Reading of Ordinance No. 172, 1986, Annexing Approximately
22.63 Acres Known as the Lee Annexation.
B. Second 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.
These ordinances were unanimously adopted on First Reading on November
4 and 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. Second Reading of Ordinance No. 174, 1986, Appropriating
Unanticipated Revenue in the Downtown Development Authority Fund
for Payment of Debt Service for the Year 1986.
Second Reading of Ordinance No. 175, 1986, Appropriating
Unanticipated Revenue in the Downtown Development Authority Fund
for Payment of Debt Service for the Year 1987.
Second 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, which were unanimously adopted on First Reading on
November 4, 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.
This Ordinance was unanimously adopted on First Reading on November 4.
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.
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November 18, 1986
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a
10.
12.
All utilities have been contacted and have no problems with the
vacation.
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, which was unanimously adopted on First
Reading on November 4, 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 Developer granted the City 10 feet of additional right-of-way and
a 12 foot easement along the eastern frontage of Lemay Avenue for use
in the future widening of Lemay Avenue. The Developer of this
property cannot build between the utility easement and the opposite
lot line, and is requesting the vacation of 2 feet of this easement so
the proposed building will fit. The discrepancy is from a survey
error which has been accounted for in this vacation request. The
street right-of-way will not be affected and all utilities will be
accommodated in the right-of-way and proposed easement.
All utilities have been contacted and have no problems with the
vacation.
Various funds which require a supplemental appropriation for 1986
expenditures have been identified. The Background Summary explains
what each appropriation is for and how the appropriation is being
financed. As a result of these transfers the General Fund Prior Year
Reserves will be decreased by $101,128.
Resolution 85-99 authorized the City Manager to file an application
with the Urban Mass Transportation Administration for a capital,
planning and operating assistance grant for Transfort. Grant
approval for these projects has been received from UMTA for the
following:
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November 18, 1986
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14
15.
Spare Bus Engine
Radii changes
Handicapped Accessibility Study
TOTAL
$24,000
8,000
9,600
$41,600
This Ordinance appropriates federal grant monies in the amount of
$41,600. The City of Fort Collins matching funds of $10,400 for these
projects are available in the Transfort 1986 budget.
Items Relating to the Trip 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.
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.
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.
Resolution 86-179 Making an Appointment to the Senior Advisory Board
A vacancy currently exists on the Senior Advisory Board due to the
resignation of alternate member Martha Bartlett. The individual
Council liaison reviewed the applications on file.
In keeping with Council's policy, the recommendation was announced at
the November 4 Council meeting. The appointment was tabled to
November 18 to allow time for public input. The prospective appointee
is listed below:
Senior Advisory Board - Roxanna Smock, alternate
The City obtained five easements in 1985 for the purpose of installing
utilities to serve both the Anheuser-Busch brewery and the surrounding
vicinity. These easements, located west of the Burlington Northern
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November 18, 1986
16.
railroad tracks between E. Vine Drive and the brewery, were granted by
Anheuser-Busch, Inc., George A. and Nadine Holter, and Deborah H.
Pool, Diane Woollett, and Denzel F. Hartshorn. Each easement allows
the City to assign the use of that easement to Public Service Company
of Colorado, which has now requested that the City assign these
easements in order to allow the construction of natural gas pipe lines
to service the brewery. This resolution will permit the City to
assign Public Service Company the use of the western nine (9) feet of
the fifteen (15) foot wide easements obtained from the private
parties. In consideration for the assignment of these easements,
Public Service Company will reimburse the Light and Power Utility all
costs incurred in obtaining the Public Service portion of the
easements ($8,199.50). The Anheuser-Busch corridor easement was
obtained in accordance with the Master Agreement, at no cost to the
City, and will be assigned to Public Service Company.
The Utility Billing System Users Group has identified a large number
of problems inherent in the present Utility Billing System. The City
needs a Utility Billing System which has the capability to meet the
demands of today, yet is flexible enough to work well for the next
seven to ten years.
' Staff recommends that the Council authorize the City Manager to enter
into an agreement with the consulting firm of Berger and Company,
Denver, Colorado, which has been selected through a competitive
evaluation process. The firm will be retained to conduct a study of
the Utility Billing System in light of present problem areas. The
results of the study will be used to select, acquire and implement a
new Utility Billing System. At the City's discretion, the firm
conducting the initial study may be retained to assist with the actual
creation and implementation of the system. If this is the case, staff
would proceed with Phase II of this project with no further
authorization required from Council. Costs for this phase of the
contract are approximately $95,000. Total costs for the system are
estimated to be as much as $350,000.
17. AcceDtanrp of rartifira+inn of f6
The certification has been received of the votes cast at the November
4 Special Election, which gives the breakdown of 'votes cast in each
precinct. This is the official certification of the election results.
The following is a summary of the ballots cast for and against the
ballot issue:
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November 18, 1986
Referred Ordinance No 113 (Robinson-Piersal Plaza) '
For the Ordinance 16,293
Against the Ordinance 9,334
Council needs to officially accept the certification of the election
results.
18. Routine Deeds and Easements
The following are routine deeds and easements which have been reviewed
and approved by the affected departments and legal staff:
Agreement of Sale and Purchase with Robert and Lynn Young for
property needed to allow continuation of a grass -lined open
channel which is a tributary to Spring Creek. Consideration:
$38,494.
Powerline easements from First Interstate Bank of Fort Collins to
install underground electric services, located at 212 West Laurel
Street and 226-228 West Magnolia Street. Consideration for each:
51.
Powerline easement from Billy and Vera Wyatt to install
underground electric service at the rear of 222 West Magnolia
Street. Consideration: $427.50 '
RECODIFICATION ITEMS
Items 19-21 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.
19.
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. This Ordinance, which was unanimously
adopted as amended on First Reading on November 4, 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. Three minor revisions are proposed on
second reading relating to the license application, review and
approval, and the required bond. ,
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November 18, 1986
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.
20. Items Relating to Garbage and Weeds Brush and Rubbish
A. Second Reading of Ordinance No. 183, 1986, Repealing and
Reenacting Chapter 54 of the Code Relating to Garbage Refuse and
Rubbish.
B. Second Reading of Ordinance No. 184, 1986, Amending Chapter 79
Relating to Nuisances.
These Ordinances were unanimously adopted on First Reading on November
4. 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.
21. Items Relating to the Revision of Certain Sections of the Code of the
Ci?v of rn N+ rniii�, DAM♦ —.-- a- aL- r_a..i_ r__, `._.._
A. Second Reading of Ordinance No. 185, 1986, as Amended, Repealing
and Reenacting Chapter 30 of the Code.
B. Second Reading of Ordinance No. 186, 1986, Repealing Several
Sections of the Code Which Have Been Consolidated in a Revised
Chapter 30.
These Ordinances, which were unanimously adopted on First Reading on
November 4, 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.
Sections 17 and 18 of Ordinance No. 185, 1986 have been added at the
' request of the City's Bond Counsel. These sections create the Sales
and Use Tax Fund and the Capital Projects Fund. Bond Counsel felt
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November 18, 1986
these additions were necessary to conform to language used in City '
bond issues.
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #5. Secon
of Un
Fund.
Item #6. A. S
A
B.
Item #7. A.
B.
C.
Item #8. Seconi
the B
Item #9.
Item #19. Seconc
Consol
Item #20. A.
B. Se
79
Item #21. A. Se
3PYA
November 18, 1986
B. Second Reading of Ordinance No. 186 1986 Repealing Several
Sections of the Code Which Have Been Consolidated in a
Revised Chapter 30.
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #10.
Item #11.
Item #12.
Item #13. B.
Councilmember Kirkpatrick made a motion, seconded by Councilmember Estrada,
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.
Acceptance of Certification of the
Results of the November 4, 1986
Special Election, Certification Accepted
Following is staff's memorandum on this item:
"Attached is the certification of the votes cast at the November 4 Special
Election, which gives the breakdown of votes cast in each precinct. This
is the official certification of the election results.
The following is a summary of the ballots cast for and against the ballot
issue:
Referred Ordinance No. 113 (Robinson-Piersal Plaza)
For the Ordinance 16,293
Against the Ordinance 9,334
Council needs to officially accept the certification of the election
' results."
M •:
November 18, 1986
Councilmember Horak made a motion, seconded by Councilmember Stoner, to '
accept the certification of the results of the November 4, 1986 Special
Election.
Councilmember Horak thanked the organizers of People for Progress, who were
successful in their efforts on behalf of the Robinson-Piersal Plaza
Project.
The vote on Councilmember Horak's motion to accept the certification was as
follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler,
Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 190, 1986, Amending the
Code Relating to Campaign Contribution
Limits. Adopted on First Reading
Following is staff's memorandum on this item:
"At the November 4 meeting, Council directed that an Ordinance be prepared
for consideration to amend the limit on the dollar amount that any person
or entity may contribute in support of or in opposition to any candidate on
the ballot at any City election.
The current contribution is $500 per person or entity. The limit applies '
only to candidates and does not pertain to ballot issues.
Council needs to determine the dollar amount to be inserted in the
Ordinance prior to adoption on First Reading."
Councilmember Horak made a motion, seconded by Councilmember Rutstein, to
adopt Ordinance No. 190, 1986 on First Reading inserting the figure $250.
Councilmember Estrada asked Councilmember Horak to explain why he chose the
amount of $250.
Councilmember Horak gave a history of the issue, and stated he was
concerned with the increased activity of political action committees and
the influence they may have on the amount of money any one candidate
receives.
Councilmember Estrada stated, he did not feel that lowering the limit to
$250 accomplishes anything: He suggested the limit be lowered to $5 or
$10.
Councilmember Kirkpatrick stated she would like to lower the limit to $50.
Councilmember Rutstein stated she felt $250 was a reasonable amount, but
she would not object to anything between $100 and $250. '
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November 18, 1986
Mayor Ohlson pointed out that the issue is not
abuses of campaign contributions in
whether there
have been
the past,
but rather an
attempt to
prevent having three or four individuals or
organizations
bankroll a
campaign. He mentioned the issue was prevalent
at the federal
and state
levels.
Councilmember Estrada pointed out that a recent informal survey done by the
Clerk's office of 13 cities in Colorado showed that those cities have no
maximum contribution limit. He stated he did not see any reason for Fort
Collins to take action to lower the current limit.
Councilmember Liebler stated she was concerned about the percentage of a
campaign that might be funded by any one source.
Councilmember Horak stated he felt the purpose of a limitation was to send
the message that this City is concerned about the conduct of political
campaigns. He indicated he felt it was important to work for voter support
rather than buy radio spots and newspaper ads.
Councilmember Kirkpatrick made a motion, seconded by Councilmember Liebler,
to amend Ordinance No. 190, 1986 to set the limit at $50.
Councilmember Estrada stated he would support a limit of $25.
Councilmember Stoner stated since he has seen no evidence of previous abuse
' or future abuse, he would not support any limitation.
Ralph Waldo, representing the Board of Realtors political action committee,
outlined his group's philosophy on campaign contributions and indicated the
Board of Realtors does not wish to appear to cause undue influence in any
race. He questioned why Council was concerned with changing a limit that
is already working and where there's been no abuse.
Bill West, 2944 Brookwood Place, stated he did not feel political action
committees were attempting to buy votes, but rather to support the
philosophies of individual candidates.
Bruce Lockhart, 2500 East Harmony Road, agreed with Councilmember Stoner,
stating he favored no limitation on individual contributions. He expressed
concerns that political action committees might be used to "launder" money
from individuals who are prohibited from contributing to campaigns.
Councilmember Horak pointed out that the ordinance does not limit the total
amount of contributions a candidate may receive, but rather how much any
one individual may contribute to a candidate.
Councilmember Kirkpatrick stated she felt a $50 limit was reasonable where
a political action committee could still conduct interviews and make an
endorsement and then instruct their membership how to make individual
contributions. She stated she felt fund raising and money management
' skills are important skills for a Council candidate and indicated she did
not feel the community benefited from large expenditures in campaigns.
III
November 18, 1986
The vote on Councilmember Kirkpatrick's motion to amend Ordinance No. 190,
1986 setting the limit at $50 was as follows: Yeas: Councilmembers Horak,
Kirkpatrick, Liebler, and Ohlson. Nays: Councilmembers Estrada, Rutstein,
and Stoner.
THE MOTION CARRIED.
The vote on Councilmember Horak's motion to adopt Ordinance No. 190, 198E
on First Reading as amended to set the limit at $50 was as follows: Yeas:
Councilmember Horak, Kirkpatrick, Liebler, Ohlson, and Rutstein. Nays:
Councilmembers Estrada and Stoner.
THE MOTION CARRIED.
Citizen Participation
a. Proclamation Naming November 17-22 1986 as International Week was
accepted by Councilmember Larry Estrada on behalf of International
Week.
03
Uay was accepted by John Kelly, 4470 South Lemay, who expla
idea behind World Instant of Cooperation Day.
Ordinance No. 191, 1986, Adopting the
Uniform Building Code, 1985 Edition, as
Amended. Adopted as Amended on First Reading
Following is staff's memorandum on this item:
"Executive Summary
This ordinance adopts the latest edition of the prominent model building
code used in the western U.S., with certain local amendments, and repeals
the current amended edition (1982) now in effect. While most of the code
provisions are retained with only editorial and clarifying modifications,
some new features are noteworthy. Among these is the new "Chapter 13"
co -developed by the Poudre Fire Authority and the Building Inspection
staff, which encourages the use of quick -response fire sprinklers in
residential buildings by offering equivalents to traditional code -required
construction and location criteria. Also, for the first time, an update of
current State energy conservation standards is incorporated into an
appendix chapter. The BBA-appointed code review committee held several
meetings over the course of four months before submitting the final draft
to the Board for their endorsement last month.
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November 18, 1986
' Background
An ad hoc code review committee appointed by the Building Board of Appeals,
comprised of local designers, builders, a Commission on Disability member,
and the Building Inspection Division Director, has completed a four -month
review of the proposed document and is recommending approval. The Building
Board of Appeals, at their October meeting, considered the committee's
recommendation and unanimously endorsed the draft for Council adoption.
The proposal is based on the latest edition of the model code published
triennially by the International Conference of Building Officials,
headquartered in Whittier, CA, and a 24-page, updated package of local
amendments carried over from the current ordinance.
The results of the review indicated that for the most part, local
amendments have worked well in the community since the last code adoption
nearly three years ago. Among these retained for this proposal is the
concept of "fire -containment" areas within buildings, which limits
unprotected open spaces by prescribing area -limited fire compartments based
on the fire suppression capability of the Poudre Fire Authority or the
alternative use of a sprinkler system.
The highlight for this code cycle is the new local amendment known as
"Chapter 13", which provides for the use of new technology in'the form of
quick -response sprinkler systems for single and multiple -family residential
buildings as an alternative to some traditional code provisions which deal
with special construction, building location, and exit loading
requirements. This well researched standard offers the community a
two-part advantage:
Greater design flexibility with enhanced life/fire safety
Also new, is "Appendix Chapter 35" which adopts the nationally recognized
MODEL ENERGY CODE, 1986 EDITION, by reference. This standard updates the
current "Colorado Energy Conservation Standards", last revised in 1980 for
both residential_ and non-residential applications. A local amendment would
allow a prescriptive alternative using current construction practices for
insulation values in residential buildings, which already exceed the
current State minimums by nearly 30Y,-50Y, and add new criteria for window/
door air infiltration and efficiency minimums for heating/cooling
equipment."
Chief Building Official Felix Lee explained the process in adopting the
building code.
Fire Prevention Inspector Warren Jones,gave a slide presentation pertaining
to the residential fire sprinkler program and answered questions from
Council.
Councilmember Horak made a motion, seconded by Councilmember Rutstein, to
' adopt Ordinance No. 191, 1986 on First Reading.
IPILIPAN
November 18, 1986
Wally Prebis, Executive Director of the Colorado Prestressers Association
and professional engineer, representing the Fire Safety Council of
Colorado, stated his group agreed with the application of sprinklers in
residential occupancies; however, they strongly disagreed with the way the
proposed Chapter 13 addressed the problem. He expressed concern with the
code equivalency approach to residential fire sprinklers.
Councilmembers directed several questions to Mr. Prebis relating to the
points made in his presentation.
Councilmember Horak stated he was uncomfortable with adopting the Ordinance
on First Reading based on the concerns expressed by Mr. Prebis. He
indicated he would like more information, including responses to the points
made by Mr. Prebis, prior to adopting a residential fire sprinkler program.
Councilmember Rutstein suggested adopting the Ordinance on First Reading,
obtaining the additional information prior to Second Reading, and then
consider tabling the Ordinance on Second Reading if there are still
unanswered questions.
Warren Jones suggested moving ahead with the adoption of the Uniform
Building Code, excluding the residential fire sprinkler program from the
Ordinance.
Councilmember Horak made a motion, seconded by Councilmember Kirkpatrick,
to amend Ordinance No. 191, 1986 to delete Chapter 13 (paragraph "X").
Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, and
Stoner. Nays: Councilmember Rutstein.
THE MOTION CARRIED.
The vote on Councilmember Horak's motion to adopt Ordinance No. 191, 1986
as amended on First Reading was as follows: Yeas: Councilmembers Estrada,
Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Resolution 86-185 Making Appointments
to Various Boards and Commissions,
Tabled to December 4
Following is staff's memorandum on this item:
"Vacancies currently exist on the Cultural Resources Board, the Public
Access Advisory Board and the Quality of Life Commission. The individual
Council liaisons have advertised the positions and conducted interviews.
The recommendations will be announced at the November 18 Council meeting.
In keeping with Council's policy, this Resolution will be tabled until
December 4 to allow for public input."
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November 18, 1986
' Councilmember Kirkpatrick made a motion, seconded by Councilmember
Rutstein, to adopt Resolution 86-185 inserting the names as follows:
Cultural Resources Board - Judith Grillo (term expires 199o)
Quality of Life Commission - Katy Mason (term expires 1988)
- Lynne Warner (term expires 1988)
- Jennifer Fontane (term expires 1987)
Public Access Advisory Board - John Schroeer (term expires 1987)
Councilmember Estrada made a motion, seconded by Councilmember Rutstein, to
table Resolution 86-185 to December 4, 1986. Yeas: Councilmembers
Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays:
None.
THE MOTION CARRIED.
Ordinance No. 192, 1986, Adopting the
1985 Edition of the Uniform Fire Code
with Amendments Adopted as Amended on First Reading
Following is staff's memorandum on this item:
"Executive Summary
'
This Ordinance adopts the 1985 Edition of the Uniform Fire Code.
Code contains the regulations included in the 1982 Edition of the
The 1985
Uniform
Fire Code which was previously adopted by the City and certain
amendments
to that edition. In addition, staff recommends that certain
local
amendments to the 1985 Edition of the Code be adopted.
The most
significant amendments relate to semi -conductor fabrication
facilities
using hazardous production materials, construction safeguards, regulations
relating to unattended service stations and residential fire
sprinkler
systems. The adoption of the 1985 Edition of the Code with the
amendments
contained in this Ordinance is recommended by the Poudre Fire
Authority
Board and staff, a Code Review Committee which was set up by
the Poudre
Fire Authority, and the Fire Board of Appeals.
Background
The 1985 Edition of the Uniform Fire Code promulgated by the Western Fire
Chiefs Association and the International Conference of Building Officials
is the most current edition since the 1982 Edition which was adopted by the
City with amendments in February, 1984. Staff has reviewed the 1985
Edition of the Code, as has a Code Review Committee set up by the Poudre
Fire Authority which was made up of members of the community who are
affected by the Uniform Fire' Code in terms of construction requirements,
building and equipment maintenance requirements, etc. The recommendation
is to adopt the 1985 Edition of the Uniform Fire Code, including the
amendments which the published Code contains which were not in the 1982
' Edition, with certain local amendments.
IF4ii2
November 18, 1986
Most of the local amendments contained in the Ordinance are the same '
amendments which were made to the 1982 Edition of the Code and are needed
in order to insure that the Code is tailored to iocal needs and
requirements. There are, however, four substantive areas of change in
either the 1985 Edition of the Code or the local amendments proposed in
this Ordinance. These areas are as follows:
1. A new article is contained in the published Code relating to
semi -conductor fabrication facilities using hazardous
production materials (Article 51). This article creates a
new occupancy classification designed to accommodate the
special hazards and needs of the semi -conductor industry.
This article has been developed over several years by
representatives of the fire service, building code officials
and the semi -conductor industry. It is now in use in many
areas of the West and is becoming the accepted standard for
the design and operation of these facilities. A local
amendment to Article 51 addresses the concerns of members of
local industries relating to retroactive enforcement of this
new article on existing facilities due to the potential for
prohibitive expense and practical impossibility. The
amendment requires that the enforcement of the new article on
existing facilities be in accordance with a set of inspection
policies developed expressly for this purpose. A special
advisory committee is to be established to assist the Poudre
Fire Authority staff members in drafting these policies. '
2. The published Code also contains a new article relating to
construction safeguards (Article 87). The article creates a
specific set of regulations safeguarding construction
projects, including renovations and demolitions, and
essentially combines existing sections of the Code with
commonly accepted construction safety practices. Several
minor local amendments have been made to this article so that
it is better suited to iocal conditions.
3. A new local amendment is added which would require more
extensive safeguards than are now required for unattended
service stations. Unattended service stations now operate
under a broad exception in the Code for the "non-public
fueling of fleet vehicles. This amendment is necessary due
to the trend to apply this concept to less restrictive
non-public facilities using credit card -operated dispensers.
The amendment seeks to limit the size of a fuel spill if a
dispenser were allowed to run past the fill point of a
vehicle tank or if a vehicle were driven away with the fuel
hose still attached: It also provides for signage, emergency
shutoff controls and emergency communications requirements.
After adoption, this amendment would apply to all new
unattended service stations and to existing unattended
dispensers as they are replaced. Whiie•this amendment would '
increase the initial setup cost of this type of operation,
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November 18, 1986
' staff believes that these precautions are necessary to reduce
the fire and environmental hazards of fuel spills at
unattended service stations. This amendment is contained in
Section 50-2A(29).
Another new local amendment is the addition of two appendices
(Appendix III-D and III-E) which establish alternative design
criteria for buildings equipped with residential fire
sprinkler systems and standards for the design, installation
and maintenance of such systems. These appendices do not
create new mandatory requirements but, rather, allow an
alternative to the current requirements. The experience of
other jurisdictions and the Poudre Fire Authority's
experience with local demonstration projects indicates that
the alternative design criteria are a strong incentive to
builders and developers to install residential fire sprinkler
systems. In many cases, when all equivalencies are
considered, the total construction cost of a building or
project may be lowered when a sprinkler system is installed.
This amendment is the culmination of two years of research
and development by staff, other city and county agencies and
an ad hoc advisory committee of local builders and
developers. This concept has been reviewed and.approved or
endorsed by the Water Department, the Planning and Zoning
' Board, the Building and Fire Boards of Appeals, and the
Larimer County Building and Fire Board of Appeals. In
addition, water districts serving the area included within
the Poudre Fire Authority's district have been involved in
the process of developing this program.
The Poudre Fire Authority Board adopted a resolution at its meeting on
October 28, 1986 recommending that the 1985 Edition of the Uniform Fire
Code with amendments be adopted by both the Fort Collins City Council and
the Poudre Valley Fire Protection District."
Fire Prevention Inspector Warren Jones gave a brief presentation of this
item. He recommended that Appendices III-D and III-E relating to the
residential fire sprinkler program be excluded from the Ordinance.
Councilmember Rutstein made a motion, seconded by Councilmember Liebler, to
adopt Ordinance No: 192, 1986 on First Reading deleting Appendix III-D and
Appendix III-E (paragraphs "39" and "40").
Warren Jones answered questions from Council.
The vote on Councilmember Rutstein's motion to adopt Ordinance No. 192,
1986 with the described amendment was as follows: Yeas: Councilmembers
Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays:
None.
' THE MOTION CARRIED.
IF41Ide
November 18, 1986
Resolution 86-186 Granting a Revocable Permit '
to Royal Petroleum, Inc. for the Use of the
Public Right -of -Way to Construct and Maintain
an Underground Gasoline Recovery Facility,
Adopted as Amended on First Reading
Following is staff's memorandum on this item:
"Executive Summary
This resolution grants a revocable permit, in accordance with Article XII1,
Section 10 of the City Charter, to Royal Petroleum, Inc. for the purpose of
constructing an underground gasoline recovery facility in the 3100 block of
Mathews Street. The installation of this facility is necessary in order to
contain contamination resulting from an underground gasoline leak before
inclement weather begins or the water table rises.
Background
In late 1985, the City, Poudre Fire Authority, and Larimer County Health
Department became aware of an underground gasoline storage tank leak at the
Royal Service Station on the corner of South College Avenue and Swallow
Road. At that time actions were instituted to determine the severity and
extent of the gasoline contamination, including test drilling. '
These tests have now been completed and show that underground contamination
in the area bounded by the south side of Swallow between the Royal Station
on the west and the east side of Mathews Street on the east. These tests
also show that the best location in which to attempt to stop the eastward
migration of contamination is at Mathews Street. This resolution would
allow the permittee to construct and maintain an underground recovery
facility designed to stop this migration and contain the contamination to
those areas already affected. It is important that this recovery facility
be installed as soon as possible to reduce the possibility of the
contamination traveling farther east. The applicant expects this facility
to be in use for at least three (3) years.
While this facility would also contribute to contaminant recovery on the
affected properties, the ultimate recovery plans are still under
development and are being coordinated by the Larimer County Health
Department.
In addition to Poudre Fire Authority; the City Attorney's Office,
Engineering Services Department, and the Natural Resources Department
recommend adoption of the resolution. Staff members have met several times
with the applicants and believe that this containment effort is the best
response to this problem under the authority now present in the City
Charter and Code.
WWI
November 18, 1986
This resolution grants a revocable permit pursuant to Article XIII, Section
10 of the City Charter and contains the specific conditions of the permit
as recommended by staff. The resolution requires that final construction
plans be submitted and approved by the City before construction can begin,
as well as clearances by Poudre Fire Authority and Natural Resources. Also
included is a surety bond requirement covering construction, maintenance
and restoration."
Fire Prevention Inspector Warren Jones explained the existing situation
which requires issuance of the permit and the provisions of the permit. He
answered questions from Council.
In response to a question from Councilmember Horak, Air Quality and
Hazardous Materials Coordinator Brian Woodruff addressed the issue of the
deterioration of underground storage tanks and the possible imposition of
tank standards in the future.
City Attorney Huisjen noted that staff was proposing to amend Paragraph 2
of the Resolution to read:
2. Prior to commencement of construction, the Company shall
submit a recovery plan and final engineering drawings relating to
the underground gasoline recovery facility to the City and the
Poudre Fire authority for review and approval. Construction
shall only occur in accordance with such approved plan and
drawings. Such construction shall conform to the requirements of
Article I of Chapter 95 and Chapter 112 (as a significant
industrial user) of the Code of the City of Fort Collins.
Councilmember Horak made a motion, seconded by Councilmember Estrada, to
adopt Resolution 86-186 as amended by City Attorney Huisjen.
Councilmember Rutstein stated she was glad to see action finally taken to
resolve this situation.
Councilmember Estrada stated he agreed with Councilmember Rutstein and
would like to see a policy brought before the Council dealing with
underground tanks.
Councilmember Horak indicated he was pleased with the cooperation between
Royal Petroleum and City staff in addressing this problem.
The vote on Councilmember Horak's motion to adopt Resolution 86-186 as
amended was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick,
Liebler, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
M
November 18, 1986
Resolution 86-187 Amending Resolution 84-159, '
Stating an Intention to Issue Industrial
Development Revenue Bonds to Historical Opera
House Properties Ltd., to Broaden the Scope
of the Project to be Financed by Such Bonds,
to Increase the Maximum Aggregate Principal
Amount of Such Bonds, and to Extend the
Time for Issuance and Sale of Said Bonds Adopted
Following is staff's memorandum on this item:
"Executive Summary
The Resolution would allow the City to apply for a Private Activity Bond
allocation from the State of Colorado on behalf of the Applicant,
Historical Opera House Properties, Ltd. If allocation is received the
applicant will move forward with the issuance of Industrial Development
Revenue Bonds in the approximate principal amount of $5,800,000.
The project is located at 117 - 149-112 North College Avenue. The proceeds
of the bonds will be used to acquire, renovate and construct three
commercial buildings located in the downtown business district of the City.
The project is within the boundaries of the Downtown Development Authority,
and has the support of the DDA Board and staff. The project has received
final PUD approval from the Planning and Zoning Board.
Background e
On October 2, 1984, Council adopted Resolution 84-159, Setting Forth the
Intention of the City to Issue Industrial Development Revenue Bonds for the
Opera House Block Building Partnership in the amount of $2,650,000. The
Inducement Resolution was valid through December 31, 1984. Although
Council passed the Bond Ordinance (Ord. 165-1984) Authorizing the Issuance
of the Bonds on November 20, 1984, the bonds were not issued due to some
last minute financing difficulties.
At this point, the financing mechanism has been substantially agreed upon
by the applicant and United Bank of Denver, which has committed to
underwrite the bonds. A specific outline of the agreement can be found on
page 29 of the application, which has been forwarded under separate cover.
Staff is satisfied with the arrangements and with the financial guarantees
which United Bank is requiring (full security of principal and interest by
federal securities held in escrow). Under this agreement, the bondholders
will be fully protected.-
The current Resolution would amend the 1984 Resolution to broaden the scope
of the project to include the renovation of not only the Opera House Block
Building, but the Bickford Block Building and the Bennett Hotel Building,
and the acquisition of the Opera House Parking Lot, located at Lot 37,
Block 21 in downtown Fort Collins. The amendment would also increase the
maximum principal amount of the bonds from $2,650,000 to $5,800,000, and '
-209-
November 18, 1986
' extend the time for issuance of the bonds from December 31, 1984 to
December 31, 1986.
The Downtown Development Authority Board and staff are supportive of this
project. In March of 1986 the DDA Board approved a Resolution which stated
the intent of the DDA to participate in the Historic Opera House project.
City Council also approved the participation of the DDA in the project with
the adoption of Resolution 86-73 on April 15, 1986 (copies of the
Resolutions are attached).
Pursuant to Senate Bill No. 160, the City of Fort Collins is eligible to
apply for unlimited allocations for Private Activity Bonds from the
Statewide balance. At the present time there are no funds available in the
Statewide balance. However, projects may be induced and forwarded to the
State where they will be considered for allocation as such allocation
becomes available. There are two ways in which an allocation may be made
available for this project. First, the applicant is pursuing the
assignment of allocation from other projects which have received
allocations earlier in the year, but will not be able to close on their
projects by December 31, 1986. The second possibility is an allocation
from the State will become available after December 1, 1986. Any bonds
issued from these allocations must be closed by December 31, 1986, in order
to meet the requirements of the new federal tax legislation. The applicant
is aware of the unavailability of an allocation at this time, and the time
constraints under which he will be operating.
Pursuant to the Tax Reform Act of 1986, only manufacturing projects will be
eligible for Private Activity Bond Allocation after December 31, 1986. The
Historic Opera House project will not be eligible for Industrial
Development Bond type financing under the new law. If this Resolution is
adopted, the applicant will work toward bringing a Bond Ordinance before
City Council on December 4 for first reading and December 16 for second
reading. This is the timetable which will enable the project to qualify
for allocation should one become available.
The project has received final PUD approval from the Planning and Zoning
Board. Attached is a copy of the comments which the Community Development
Department has with regard to the project.
Staff has reviewed the application using criteria established by Resolution
84-92, adopting Industrial Development Revenue Bond Policies and Criteria.
The IDRB Criteria Evaluation Sheet is enclosed."
City Manager Burkett indicated staff from the Finance Department,
Development Services, Downtown Development Authority, and Housing Authority
was available to answer questions.
Dick Beardmore, A-E Design Associates, project manager for the developer,
gave background on the project, and addressed concerns about housing
displacement occurring due to development of the property. He answered
' questions from Council about the project.
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November 18, 1986
In response to a question from Councilmember Rutstein, Walt Brown,
developer for the project, noted they have commitments for 20% of the
office and retail space planned for the project and answered questions from
Council.
Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner,
to adopt Resolution 86-187.
Bruce Lockhart, 2500 East Harmony Road, stated he was glad to see the last
of the IDRB's. He addressed the IDRB criteria evaluation form and disputed
some of the criteria points awarded. He indicated he doubted there was any
public benefit from this project.
Jim Woodward, 400 South Grant, described the loss of low income housing
units in the downtown area over the last few years. He expressed
opposition to City participation in the development which converts low
income housing to luxury office space.
Councilmember Liebler stated she did not feel the benefits derived from the
project measure up to the tax incentive being given. She stated she could
not support the project.
Councilmember Stoner stated he felt any tax increment induced in the
downtown will be of benefit to the total public in helping the DDA meet
their obligations.
Councilmember Estrada stated he felt it important to look not only at the
present impact of the project, but the future impact. He stated that the
buildings are deteriorating and would continue to deteriorate and in the
long run would not benefit anyone.
Councilmember Kirkpatrick stated although she had concerns about the
addition of more retail space, she saw no reason to reject the project
leaving the block as it is.
Councilmember Rutstein stated she was also concerned about the displacement
of low income housing, but supported the project for its renovation
benefits.
Councilmember Horak stated he had some difficulty with the City's policies
regarding development/renovation of the downtown and the purchase of Block
31.
Mayor Ohlson stated he did not feel the primary issue was the displacement
of low income housing for executive suites. He stated the City needs to
address downtown revitalization, implement relocation policies and
reconstruct housing stock.
The vote on Councilmember Kirkpatrick's motion to adopt Resolution 86-187
was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Ohlson,
Rutstein, and Stoner. Nays: Councilmember Liebler.
L
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November 18, 1986
THE MOTION CARRIED.
Councilmembers' Reports
Councilmember Kirkpatrick reported ' on the Northern Colorado Water
Conservancy District water users meeting.
Councilmember Liebler stated she and Councilmember Kirkpatrick and Linda
Hopkins attended a conference on Friday, November 14, on the role of small
business in the Colorado economy. She highlighted some of the issues
discussed at the conference.
Councilmember Horak reported on a meeting regarding the Cache La Poudre
Basin Study done by the Colorado Water Resources and Power Authority. He
stated he was disappointed in the study results, particularly in the area
of non-structural solutions.
Mayor Ohlson referred to a recent report on the level of lead in water in
Colorado. He pointed out that Fort Collins has a very low level of lead in
its drinking water.
Adjournment
Councilmember Rutstein made a motion, seconded by Councilmember Estrada, to
adjourn the meeting to 7:00 p.m. on November 25, 1986. Yeas:
Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and
Stoner. Nays: None.
The meeting adjourned at 11:05 p.m.
TTU4.wA�n
City Clerk
1FAIPA