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HomeMy WebLinkAboutMINUTES-10/18/1983-RegularOctober 18, 1983 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 5:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, October 18, 1983, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Coun- cilmembers: Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Staff Members Present: Arnold, Huisjen, Lewis, Krajicek, Meitl, Widmer, R. Smith, M. Smith Agenda Review: City Manager City Manager Arnold pointed out that if Item #21, Second Reading of Ordi- nance No. 140, 1983, Appropriating the Annual Expenditures for the City of Fort Collins in 1984 and Setting the Mill Levy for Said Fiscal Year, was withdrawn from the Consent Agenda, it would need to be considered prior to the adoption of the balance of the Consent Agenda. Councilmember Clarke asked that Items #4, Consider Approving the Minutes of the regular meeting of October 4, and #21, Second Reading of Ordinance No. 140, 1983, Appropriating the Annual Expenditures for the City of Fort Collins in 1984 and Setting the Mill Levy for Said Fiscal Year, be removed from the Consent Agenda. Ordinance Appropriating the Annual Expenditures for the City of Fort Collins in 1984 and Setting the Mill Levy for Said Fiscal Year, Adopted on Second Reading Following is the staff's memorandum on this item: "This Ordinance was adopted on First Reading on October 4 by a 6-1 vote and appropriates the 1984 Annual Budget of $113,267,165 and sets the mill levy at 13.5 mills." Councilmember Horak made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 140, 1983 on Second Reading. ' Councilmember Clarke again stated his opposition to the Budget as proposed and reviewed his comments from the October 4 meeting. -72- October 18, 1983 ' The vote on Councilmember Horak's motion to adopt Ordinance No. 140, 1983 on Second Reading was as follows: Yeas: Councilmembers Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: Councilmember Clarke. THE MOTION CARRIED. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #39, 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 dis- cussed immediately following the Consent Calendar. 4. Consider Approving the Minutes of the regular meeting of October 4. 5. Second Reading of Ordinance No. 122, 1983, Approving %Year Agreement ' with Giaco Enterprizes, Incorporated for Interior A vertising on Transfort Buses. This Ordinance was unanimously adopted on First Reading on October 4. On August 25, 1983 proposals were received for the contracting of advertising services for the interior of the Transfort Buses. Nine- teen firms were invited to bid with only one contractor, Giaco Enter - prizes, Incorporated, responding. Other firms contacted felt that this project was out of their area of expertise. Mr. Giacopelli, President of Giaco Enterprizes, Incor- porated, is very familiar with the Transfort system as he currently holds the contract for the advertising on the bus benches. 6. Second Reading of Ordinance No. 123, 1983, Amending the Raw Water Requirement as Contained in -66 of the Code of the City. This Ordinance was unanimously adopted on First Reading on October 4. Section 112-66 of the Code of the City provides for the furnishing of raw water to the City by developers as a part of the development requirements. The raw water requirement as contained in this Section is an elective one of four and one-half (4 1/2) acre feet per (net) acre to be served or, in the alternative, three (3) acre feet per I (gross) acre to be served, which would include streets, rights -of -way, common areas and parks. -73- October 18, 1983 It was reported to the Water Board some time ago that the raw water requirements of 5112-66 may be inadequate when an industrial user such as Anheuser-Busch plans to locate in Fort Collins. Although Anheuser- Busch has agreed to provide the City with all of the raw water which would be required for its development, another industry wishing to locate in the City could, under the present Code, hold the City to the requirements of only three acre feet per acre or, in the alternative, four and one-half acre feet per acre. If such an industry in fact used water in excess of those requirements, the City's raw water supply would be accordingly diminished. In order to protect against such a possibility, the Water Board instructed the Staff to give thought to a proposed amendment to 5112-66 to address this apparent weakness in the Code. In response to the Water Board's request, staff has drafted a new subparagraph "E" which would provide that the Director of Water Utilities could make a determination as to whether or not the raw water requirements are inadequate to compensate the City for the actual water usage of a development and, if he should determine that the volume of raw water was inadequate, he could require the fur- nishing of such amounts as would properly compensate the City. 7. Second Readinq of Ordinance No. 124 riations Between Ca Improvements. rojec 1983, Authorizing Transfer of is for Water Treatment Plant This Ordinance was unanimously adopted on First Reading on October 4. The construction phase of the Water Treatment Plant Improvements project has begun and this project causes certain improvements to be made to stabilize corrosivity of the treated water and eliminate alum carryover. Improvements are required at both water treatment plants. Funding for these improvements was separated inequitably between the two plants. The intent was to merge these budgeted funds into a single fund for accomplishing the construction and to have the work performed under a single contract. The controller has reviewed this plan and has ruled that separation of these funds would be a better accounting practice. A transfer of $600,000 needs to be made from the WTP #1 Improvements construction phase fund to the 'WTP #2 Improvements construction phase fund. The transfer will allow capitalizing the funds with the appro- priate separation of 35%-65%. 8. Second Reading of Ordinance No. 125, 1983, Vacating a Portion of Colboard Drive in R.C.D. Plaza South P.U.D. This Ordinance was unanimously adopted on First Reading on October 4. Colboard Drive as originally platted on R.C.D. Plaza South P.U.D. -74- 1 October 18, 1983 was a right-angle local street providing access to College Avenue and a future connection to the proposed extension of Boardwalk west of College. R.C.D. P.U.D. 2nd Filing utilizes a portion of the existing street and continues it west to connect to Mason. The portion of Colboard within the 2nd Filing which turned south is no longer needed nor desired. There remains a dedicated connection from the proposed Boardwalk extension through property owned by Winstons, thereby providing access for 'Winstons and the westerly portion of that property onto this street, then to Boardwalk. It will be necessary to rename this street at the time that property comes in for subdivision. 9. Second Reading of Ordinance No. 126, 1983, Vacating Easements shown on the Plat of Sun Disk Village PUD approved by Planning and Zoning Board on February 23. 1981. This Ordinance was unanimously adopted on First Reading on October 4. The developer of Sun Disk Village PUD is phasing his development and, in so doing, is required to reroute some utility mains from his original scheme. Staff has approved the utility main relocation contingent upon the dedication of adequate easements to maintain these mains. 10. Second Reading of Ordinance No. 127, 1983, Authorizing the Transfer of Appropriations Between Capital Projects for University Mall Medians. This ordinance was unanimously adopted on First Reading on October 4 and authorizes the transfer of funds from various completed capital projects to a new project account for the design and construction of median improvements on College Avenue at the entrance to University Mall (between McDonald's and King Soopers). 11. Second Reading of Ordinance No. 128, 1983, Authorizing the Transfer of Appropriations Between Capital Projects for Johnson Drive Improvements This ordinance was unanimously adopted on First Reading on October 4 and authorizes the transfer of funds from a completed project to a new project account for the improvement of Johnson Drive from College Avenue west to the Burlington Northern Railroad right-of-way. Im- provements will be done within the existing right-of-way and will include construction of pavement and curb and gutter. The project will be designed and constructed by the developer of Spring Court PUD. -75- October 18, 1983 The City's share of the project costs is estimated to be $30,000. Funds are proposed to be transferred from the Bryan Street Bridge project in the amount of $30,000. 12. Second Reading of Ordinance No. 129, 1983, Amending Chapter 16 of the Code of the City, Pertaining to Local Public Improvements. At the completion of the documents relating to District No. 78, an interdepartmental review committee was established to review Chapter 16 of the Code and administrative policies associated with 100% voluntary special improvement districts. The committee's first product is this proposed ordinance amending Chapter 16 which was unanimously adopted on First Reading on October 4. The committee is currently working on reducing to writing the administrative policies that have been discussed to arrive at the proposed ordinance as well as addi- tional guidelines. Generally, Chapter 16 of the Code gives the City the power to sell special assessment bonds for the construction of public improvements that benefit real property within districts and general benefits to the City at large and assess all or part of the construction costs against the benefitted real property. 13. Second Reading of Ordinance No. 130, 1983, Relating to the Creation and Organization of the Fairbrooke Special Improvement District No. 79 and Providinq for the Construction of Improvements Therein. This Ordinance was 4-. The Fairbrooke voluntary petition properties known as 14. Tablin the Ise Specia unanimously adopted Special Improvement for public street and the Fairbrooke P.U.D. on First Reading on October District No. 79 is a 100% utility improvements within 3 of the Second Reading of Ordinance No. 131, 1983, Authorizi uance of Bonds for Financing the Improvements of the Fairbroo Improvement District No. 79. The First Reading of this Ordinance contained estimated interest rates and the actual bond sale was to occur between First and Second Read- ings with Second Reading taking place on October 18, 1983. As we reviewed the draft of the Preliminary Official Statement to be used in selling the bonds we felt additional time was needed to present the District and the City in the best possible light and hopefully receive a good net effective interest rate on the bonds. Adoption of the Consent Calendar will table the Second Reading of this Ordinance until November 1, 1983. -76- October 18, 1983 I 15. Second Readinq of Ordinance No. 133, 1983. Decreasinq Electric Rates. This ordinance was unanimously adopted on First Reading on October 4. The recommended rates are based on a cost -of -service study con- cluded this year by Light and Power staff using load research supplied by Public Service Company of Colorado and achieve cost of service system -wide given the recommended 5.7 percent reduction. The 5.7 percent systemwide reduction translates into savings of more than 1.5 million dollars per year for Fort Collins customers. 16. Second Reading of Ordinance No. 134, 1983, Amending Chapter 112 of the Code Relating to Service Charges for Water and Sewer Service. This Ordinance was unanimously adopted on First Reading on October 4 and sets sewer and water service fees to ensure sufficient revenue to meet anticipated expenses and comply with previously established financial policies. The proposed service fee increases, to be effec- tive on all billings on or after January 1, 1984, consist of four percent (4%) for sewer and fifteen percent (15%) for water. The proposed service fee increases will result in an increase in the monthly service charges for an average single family residence of $0.40 for sewer and $2.07 for water. The total monthly service I charge, for the same average single family residence, will be $10.41 for sewer and $15.87 for water. 17. Second Reading of Ordinance No. 135, 1983, Amending Section 82-3 of the Code of the City of Fort Collins Relating to Par l an_cF Fees, and Increasing the Amount of Said Fees to $590 for 1984. This Ordinance was unanimously adopted on First Reading on October 4. The City of Fort Collins Parkland Fund was created by Ordinance in September, 1968. The initial fee was set at $40 per new dwelling unit, and was to be used for Parkland Acquisition only (not develop- ment). In September, 1972, an Ordinance was passed to allow the monies in the Fund to be spent on the development of parklands as well as the acquisition of parklands; and the fee was increased to $195 per each new dwelling unit. Since 1972, the fee was increased to $235 in 1976; $250 in 1977; $275 in 1978; $450 in 1980; $500 in 1981; and $550 in both 1982 and 1983. In September, 1983, an Ordinance was passed allowing for expenditures from the Parkland Fund for the purpose of Administrative costs relating to Parklands, Park Site Equipment, and Plantings. 18. Second Reading of Ordinance No. 136, 1983, Amending Chapter 93 of the Code of the City of Fort Collins Relating to Storm Drainage Fees. This ordinance was unanimously adopted on First Reading on October 4 , and establishes the 1984 rate for the monthly storm drainage fees. -77- 19 October 18, 1983 The monthly storm drainage fee has two parts. The first is an opera- tion and maintenance fee which is the same City-wide. The second part of the fee, which is for capital improvements, varies from basin to basin. The monthly, city-wide utility fee for operations and maintenance is proposed to increase by 10 percent. The O&M fee for the average single family residence was $0.99 per month in 1983, and will increase to $1.08 per month for 1984. Second Reading of Ordinance No. 137, 1983, Amending Section 95-90 of the Code Relating to the Annual Review of Fees for Street Oversizino. This Ordinance was unanimously adopted on First Reading on October 4 and sets street oversizing fees for residential, commercial and industrial development. These fees provide a source of revenue to repay developers for oversizing streets from local street standards to collector and arterial street standards. The table below shows the present fees, the recommended 1984 fees, and the increases over the next five years. RECOMMENDED FEES CATEGORY PRESENT 1984 1985 1986 1987 1988 RESIDENTIAL $ 246/D.U. 247 249 250 252 253 COMMERCIAL $3,500/Gross Acre 4,014 4,528 5,041 5,555 6,069 INDUSTRIAL $ 500/Gross Acre 1,007 1,514 2,020 2,527 3,034 20. Items Relating to 1984 Downtown Development Authority Budget A. Second Reading of Ordinance No. 138, 1983, Appropriating Revenue in the DDA Fund. This is the Annual Appropriation Ordinance for the Downtown Development Authority which was unanimously adopted on First Reading on October 4. B. Second Reading of Ordinance No. 139, 1983, Setting the Mill Levy for the Downtown Development Authority for 1984. This Ordinance was unanimously adopted on First Reading on October 4 and sets the 1984 mill levy for the Downtown Development Au- thority at 5 mills. This remains the same as the levy determined for 1983. I" 21 WA October 18, 1983 The budget as proposed would maintain the present staffing level and provide for increased office space, as well as a continuation of the payback to the City of the outstanding loan. The budget includes rental and furniture expenses. Space and equipment donated in 1982 is no longer available. This budget will allow the DDA to continue on its program of economic development of the downtown. A portion of the Authority's revenues come from project income. Should project income not be received, the DDA will cut staff and will not rent additional office space. Second Reading of Ordinance No. 140, 1983, Appropriating the Annual Expenditures for the City of Fort Collins in 1984 and Setting the Mill Levy for Said Fiscal Year. This Ordinance was unanimously adopted on First Reading on October 4 and appropriates the 1984 Annual Budget of $113,267,165 and sets the mill levy at 13.5 mills. Hearinq and First Readinq of Ordinance No. 141. 1983. Aoorooriati n iytls. In July, 1983, the two Cities of Fort Collins and Loveland created an Airport Authority to govern the Fort Collins -Loveland Airport. The Authority began meeting twice monthly in August to organize and become familiar with Airport operations; however, the Authority will not replace the Airport Ad Hoc Committee until the lease agreement for the Airport property has been prepared and approved. To begin the preparation of the lease agreement as well as to assume administrative and financial responsibilities from the two Cities, the Airport Authority is requesting $12,000 in 1983. 23. Hearing and First Reading of Ordinance No. 142, 1983, Appropriating or the Parking Lot Reconstruction and Expansion, Fort Col- lins -Loveland Airuort The agreement between the Cities of Fort Collins and Loveland and the Fixed Base Operator (FBO), Airwest Aviation, required the Cities to reconstruct and expand the Airport parking lot to approximately double the existing size. If this work was not completed prior to March 1, 1982, the FBO had the option to contract for the work and be reim- bursed by the Cities. At the request of the FBO, the work was delayed in 1982 in order to allow for coordination with Airwest's consulting engineer on their own expansion plans. -79- October 18, 1983 In early July, Airwest requested construction of this ,project because they are now paying the land lease for the parking lot in addition to the land lease for the FBO buildings and apron. The Ad Hoc Committee approved the project at their meeting on July 26. The total cost of the parking lot is estimated at $122,500. $56,060 will be transferred from the fuel farm in order to allow construction of the parking lot. 24. Hearing and First Reading of Ordinance No. 143, 1983, Appropriating Revenue for Payment of Debt Service. This is the Appropriation Ordinance for payment of interest charges on the Bond Anticipation Notes for the Downtown Development Authority. The City Council authorized the issuance of Tax Increment Bond Antici- pation Notes in the amount of $3,100,000 in Ordinance 53, 1983. The monies from the sale of the notes are used by the Downtown Development Authority to finance projects approved by the Authority, and adopted as being in accordance with the Plan of Development by the Fort Collins City Council. 25. Hearing and First Reading of Ordinance No. 144, 1983, Authorizing the Transfer o Between Equipment Funds n esignate etained Earnings and Equipment Operating Budqet for Acquisition o e is es. The existing City fleet has 13 vehicles which are in need of replace- ment. These vehicles are old and worn out. They have high mileage, require major maintenance, and have worn interiors and exteriors. We will replace these vehicles with nine cars from our pool car fleet and four cars from the recycled police fleet. The Police already have new vehicles, but we need to resupply the pool fleet with new vehicles. We are planning to purchase eight sedans and two pick-ups for the pool fleet at a projected cost of $75,000. 26. Hearing and First Reading of Ordinance No. 145, 1983, Appropriating Prior Year Reserves and Unanticipated Revenues in Various Funds. As part of the 1984 budget process, we have identified various funds which require a supplemental appropriation for 1983 expenditures. 27. Hearing and First Reading of Ordinance No. 146, IN Appropriati Unanticipated Revenue of 6, or a Senior Transportation Pil Project. On September 29, 1983, the Senior Transportation Alternatives Task Force received a $6,000 grant to conduct a Senior Transportation pilot project. The grant was awarded from community program funds through Larimer County Department of Human Development, Community Action Board. This Ordinance appropriates the funds for the project. - October 18, 1983 ' 28. Hearing and First Reading of Ordinance No. 147, 1983, Amending Certain Sections of Chapter 18 of the Code of the City of Fort COT! 1 6s, o lens, Being a Part of the Loninq urdinance. This is a staff initiated request to amend certain portions of the Zoning Code. These changes are intended to clarify the definitions of drive-in and fast food restaurants. 29. Resolution for the Colorado Parks and Recreation Association sinq Proceeds from the State Lottery. ardin Colorado Parks and Recreation Association is asking for official support of its position on the Lottery. The City Manager and Parks and Recreation staff feel that this official support should come from the Mayor and Council rather than staff. Since the basic elements of the C.P.R.A. prepared Resolution are generally similar to those of our Lottery Fund Usage Policy statements, staff sees no conflict in to supporting the C.P.R.A. position. 30. Resolution Amending the City of Fort Collins General Employees' Retirement Plan. On September 1, 1981, the City Council adopted Resolution 81-120 which included a provision for an annual 5% ad hoc cost of living increase to those members then presently retired and their beneficiaries. A cost of living increase was not awarded in 1982. The resolution awards a 10% increase for those members who began receiving benefits prior to September 1, 1982 since a cost of living increase was not awarded in 1982. There are presently 41 retired participants and beneficiaries of which 10 began receiving benefits after September 1, 1981. 31. Resolution Authorizing the City Manager to Enter into a Intergovern- mental Agreement between the City and CSU. The proposed joint use agreement (intergovernmental agreement) culmi- nates several months of negotiations between the City and Colorado State University. Under terms of the proposed agreement, CSU would be granted use of a City conduit linking the main campus with the Foot- hills Campus for the installation and maintenance of communications circuits. In return, the City would be granted use of a CSU Main Campus conduit, tunnel and building raceways to install a City link with the CSU computer. 32. Routine Easement. Deed of Easement from Harry Bath: so October 18, 1983 The City staff has negotiated the second of nine agreements needed for the acquisition of right-of-way for the Timberline/Prospect Intersec- tion Project. This easement is being granted from Harry Bath for a consideration of $4,400 based on an M.A.I. appraisal of $.90/sq. ft. The easement is located in the northwest quadrant of Timberline and Prospect. Funds for right-of-way acquisition are included in the 1983 budget. Staff is recommending approval of this routine acquisition. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Second Reading_ of Ordinance No. 122, 1983, Approving 5-Year Agreement with iac� o Enterprizes, Incorporate or Interior Advertising on Transfort Buses. Item #6. Second Reading of Ordinance No. 123, 1983, Amending the Raw Water Requirement as Contained in 112-66 of the Code of the City. Item #7. Second Reading of Ordinance No. 124, 1983, Authorizing Transfer of Appropriations Between Capital Projects for Water Treatment Plant Improvements. Item #8. Second Reading of Ordinance No. 125, 1983, Vacating a Portion of Colboard Drive in R.C.D. Plaza South P.U.D-. Item #9. Second Reading of Ordinance No. 126, 1983, Vacating Easements shown on the Plat of Sun Disk Village PUD approved by Planning and Zoning Board on February 23, 1981. Item #,10. Second Reading of Ordinance No. 127, 1983, Authorizing the Transfer of Appropriations Between Capital Projects for Univer- sity Mall Medians. Item #11. Second Reading of Ordinance No. 128, 1983, Authorizing the Transfer of Appropriations Between Capital Projects for Johnson Drive Improvements. Item #12. Second Reading of Ordinance No. 129, 1983, Amending Chapter 16 of the Code of the City, Pertaining to Loca Public Improvements. Item #13. Second Reading of Ordinance No. 130, 1983, Relating to the ' Creation and Organization of the Fairbrooke Special Improvement District No. an Providing or t e Construction of Improve- ments Therein. so October 18, 1983 ' Item #15. Second Reading of Ordinance No. 133, 1983, Decreasing Electric Rates. Item #,16. Second Reading of Ordinance No. 134, 1983, Amending Chapter 112 of the Code Relating to Service Charges for Water and Sewer Item #17. Second Reading of Ordinance No. 135, 1983, Amending Section 82-3 of the Code of the City of Fort Collins Relating to Parkland Fees, and Increasing the Amount of SaidFees to or Item #18. Second Reading of Ordinance No. 136, 1983, Amending Chapter 93 of the Code of the City of Fort Collins Relating to Storm Drainage Fees. Item #19. Second Reading of Ordinance No. 137, 1983, Amending Section 95-90 of the Code Relating to the Annual Review of Fees or Street Oversizing. Item #20. A. Second Reading of Ordinance No. 138, 1983, Appropriating Revenue in the DDA Fund. ' B. Second Reading of Ordinance No. 139, 1983, Setting the Mill Levv for the Downtown Development Authority for 1984. Item #21. Second Reading of Ordinance No. 140, 1983, Appropriating the Annual Expenditures for the City of Fort Collins in 1984 and Setting the Mi Levy or Said Fiscal Year. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #22. Hearing and First Reading of Ordinance No. 141, 1983, Appropri- ating s12 0to the Airport Authority to Cover Start-up Expenses in 9 . Item #,23. Hearing and First Reading of Ordinance No. 142, 1983, Appropri- ating $66,440 for the Parking Lot Reconstruction and Expansion, Fort Collins -Loveland Airport. Item #24. Hearing and First Reading of Ordinance No. 143, 1983, Appropri- ating Revenue for Payment of Debt Service. Item #25. Hearing and First Reading of Ordinance No. 144, 1983, Authorizing the Transfer of $75,000 Between Equipment Funds Undesignated ' RetainedEarnings an Equipment Operating_Bu_get or Acquisition of Vehicles. No IOctober 18, 1983 Item #,26. Hearing and First Reading of Ordinance No. 145, 1983, Appropri- ating Prior Year Reserves and Unanticipated Revenues in Various Funds. Item #27. Hearing and First Reading of Ordinance No. 146, 1983, Appropri- ating Unanticipated Revenue of $6,000 for a Senior Transportation i of roject. Item #28. Hearing and First Reading of Ordinance No. 147, 1983, Amending Certain Sections of Chapter 118 of the Code of the City of Fort Collins, Beinq a Part of the Zoninq Ordinance. Councilmember Horak made a motion, seconded by Councilmember Elliott, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Stoner, to amend the minutes of October 4 to substitute the word "prefer" for "support" on page 59, fifth paragraph. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to approve the minutes of October 4 as amended. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. -- THE MOTION CARRIED. Items Relating to Landmark Special Improvement District. Following is the staff's memorandum on this item: "A. Resolution Directing the Storm Drainage Board and Staff to Consider Impacts on Properties Within the Canal Importation Basin. B. Second Reading of Ordinance No. 132, 1983, Creating the Landmark Special Improvement District. ' On October 4, 1983, Council first considered certain resolutions and an ordinance creating the Landmark Special Improvement District (SID). During the debate on this item, Dr. Robert Young, the owner of property not EM October 18, 1983 ' included in the proposed district but adjacent to and potentially affected by the district, addressed Council and related his concern that his pro- perty might be adversely affected by road and storm drainage improvements constructed with the district. During the Council break, staff talked to Dr. Young about his concerns. He has a better understanding of the reasons for and the potential impacts and benefits of the proposed Hobbit Street and does not oppose it now. Dr. Young feels that more consideration needs to be given to the proposed storm drainage channel that is shown in the Canal Importation Basin Master Plan to cross the southern portion of his property. The attached resolu- tion directs the Storm Drainage Board and the staff to hear Dr. Young's concerns and to see if some accomodation can be worked out before the City commits to actually constructing the proposed drainage improvements. The Storm Drainage Board would make a recommendation to the Council before any construction outside the district would be permitted. The Storm Drainage Board has reviewed the proposed resolution and recom- mends its adoption by the Council. The Board will extend to Dr. Young an invitation to appear before the Board at their November 9th meeting and present his concerns. OTHER MATTERS I Staff has contacted the owners and engineers for the Windtrail property and will be meeting with them to attempt to initiate an improvement district for the remainder of Shields Street. Further information may be available by October 18th. Staff has also contacted again the other property owners along Prospect Street to ensure that they are aware of the proposed district and any potential impacts on them. Staff does not believe there are any unresolved issues at this time. The hearings on the bond ordinance must still be brought before Council. If there are any unresolved issues that surface before that time, then the approval of the bond ordinance can be delayed which effectively holds the project until the issues can be resolved. RECOMMENDATION Staff recommends adoption of the resolution and the approval of the ordi- nance on second reading." Councilmember Ohlson made a motion, seconded by Councilmember Rutstein, ' to adopt Resolution 83-182. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. am October 18, 1983 THE MOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 132, 1983 on Second Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Making Appointments to Various Boards and Commissions, Adopted Following is the staff's memorandum on this item: "Vacancies exist on the Housing Authority and the Storm Drainage Board, and Council needs to appoint replacements to these Boards. There is a vacancy on the Housing Authority because of the resignation of Cass Rankin. An appointment needs to be made to fill the unexpired term which ends on July 1, 1987. A vacancy also exists on the Storm Drainage Board because of the resigna- tion of Guy McCabe, whose unexpired term ends on July 1, 1984. An appoint- ment needs to be made for the remainder of that term. The following are the names of persons recommended for consideration: Storm Drainaqe Board Gregory A. Hurst Roland D. Magyar Housing Authority Tony Giacopelli Joy K. Potthoff Gregory Hurst is the current alternate on the Storm Drainage Board. If he would be appointed to regular membership, a new alternate would need to be appointed for a term to expire on July 1, 1985." Councilmember Clarke made a motion, seconded by Councilmember Elliott, to nominate Anthony Giacopelli to the Housing Authority. I Councilmember Rutstein made a motion, seconded by Councilmember Ohlson, to nominate Joy K. Potthoff to the Housing Authority. 1 October 18, 1983 The vote was as follows: Clarke - Giacopelli Elliott - Giacopelli Horak - Potthoff Knezovich - Giacopelli Ohlson - Potthoff Rutstein - Potthoff Stoner - Giacopelli Mayor Knezovich noted the name of Anthony Giacopelli would be inserted in the Resolution. Councilmember Elliott made a motion, seconded by Councilmember Clarke, to nominate Greg Hurst to she Storm Drainage Board. Mayor Knezovich noted the name of Greg Hurst would be inserted in the Resolution. Councilmember Stoner made a motion, seconded by Councilmember Ohlson, ' to nominate Roland Magyar as alternate to the Storm Drainage Board. Mayor Knezovich noted the name of Mr. Magyar would be inserted in the Resolution. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt Resolution 83-183 inserting the names as described above. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Rutstein, and Stoner. Nays: Councilmember Ohlson. THE MOTION CARRIED. Resolution Establishing Policies Regarding Water Conservation and the Relocation of Water Treatment Plant No. 1, Adopt Following is the staff's memorandum on this item: "At the City Council work session on August 9, 1983, the staff received direction to prepare a Resolution concerning the relocation of Water Treatment Plant No. 1 and policies regarding water conservation. The Resolution was prepared by staff and later discussed and revised at the August 30th City Council work session, the September 16th Water Board ' meeting, and again at the September 27th City Council work session." so October 18, 1983 Councilmember Elliott made a motion, seconded by Councilmember Rutstein, to adopt Resolution 83-184. Mayor Knezovich noted members of Council felt strongly that if a policy relating to relocation of Water Treatment Plant No. 1 was to be estab- lished, Council also needed to go on record with regard to water conserva- tion and .eater metering. He noted Council, Water Board, and staff had worked closely to draft this Resolution. The vote on Councilmember Elliott's motion to adopt Resolution 83-184 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. City Manager's Report City Manager Arnold reported on the recent foreign energy resources tour. t He also reported on the recent increases in Transfort ridership. Councilmembers' Reports Councilmember Horak reported on his experience on October 5. He noted he had spent the day in a wheelchair and now had a better understanding of the problems faced daily by handicapped persons. He stated he would like to recognize the Care -A -Van drivers for their efforts and suggested the City Building Inspection staff investigate a performance -based handicap accessi- bility code instead of specific door measurements, grade limitations, or other dimension -related code requirements. Citizen Participation A. Proclamation Naming October 16-22 as Venture Week was accepted by Patty Losser, President of the Fort Collins Chapter of Venture Clubs of America. Proclamation Naming October 17-23 as Business Appreciation Week was accepte y Ron :Ja ing an Larry tJa o the Cham er of Commerce Existing Industry Council. C. Proclamation Naming the month of November as Head Injury Awareness Month was forwarded to the appropriate persons. EM October 18, 1983 ' Ordinance Amending Section 114-2 of the Code of the City of Fort Collins Relating to the "Model Traffic Code for Colorado Municipalities", 1977 Edition Adopted on First Readinq Following is the staff's memorandum on this item: "This ordinance would add three sections concerning parking regulations which are not presently contained in the Model Traffic Code as adopted. Section 11-4, "Parking between curb and property line prohibited", is substantially similar to Section 114-60 of the Code which was repealed in 1982 when the Model Traffic Code was adopted. The Model Traffic Code does not contain a comparable provision and due to problems with persons parking vehicles on the right-of-way between the curb and property line on certain streets, staff feels that it would be appropriate to add this provision to the present Chapter 114. Section 11-5, "Parking in front of public or private driveways prohibited", is intended to solve the problem of people parking on the street, in front of a driveway which may or may not lead to property owned by them, and ' thereby restricting ingress and egress. Section 11-6, "Parking of specified motor vehicles, trailer coaches, mobile homes, trailers, semi -trailers, or truck tractors in residential zones prohibited", addresses another issue which is not handled by the Model Traffic Code. There have been many complaints in the past concerning the parking of such vehicles on residential streets causing crowding of traf- fic, obstructing visibility, and creating an "eye sore" for residents of the neighborhood. This new section is designed to deal with that problem by preventing such vehicles from parking on streets in residential neigh- borhoods. Please note that there is an exception to the prohibition which allows the parking of commercial vehicles while loading, unloading or using equipment in the vehicle in such areas." Councilmember Ohlson made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 148, 1983 on First Reading. Councilmember Stoner expressed his concerns about persons visiting from out of town whose only means of transportation might be the motor home they were travelling in. They would be in violation of this ordinance if they parked in the street even on a temporary basis. He was concerned about the practicality of the ordinance. Police Chief Ralph Smith explained the reasons for this ordinance and noted the Police Department felt owners of motor homes should have storage sites for them and not rely on the city streets. As a matter of practicality, so October 18, 1983 Chief Smith stated he felt Police Department officers would warn, not ticket, motor homes licensed out of state. He added it was also against City ordinances to live in travel trailers in residential areas. Councilmember Clarke asked how the 22 foot length was determined. City Attorney Huisjen replied that several vehicles were measured and it was determined that most vehicles used and those which come to residential neighborhoods for other than commercial purposes are less than 22 feet in length. He added 22 feet was used as a standard which exceeds pick-up trucks and regular family vehicles. Councilmember Clarke noted many motor homes are just 22 feet in length and suggested amending the ordinance to read "exceeding 20 feet in length" rather than 22 feet. Mayor Knezovich stated staff could review the length issue prior to Second Reading of the ordinance on November 1. Council could then amend the ordinance if 20 feet was determined to be preferred to 22 feet. The vote on Councilmember Ohlson's motion to adopt Ordinance No. 148, 1983 on First Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: done. THE MOTION CARRIED. Other Business Mayor Knezovich stated he had received a letter from members of the Cul- tural Resources Board asking to give input with respect to the entertain- ment tax. He noted a work session for that purpose would be scheduled in the near future. He added that Joe Roesser had gathered new evidence with regard to his proposed land trade and had asked for further Council consideration on the issue. Mayor Knezovich stated he had asked Mr. Roesser to present that evidence to Councilmember Stoner and the three -member open space subcommit- tee for their recommendation. Mayor Knezovich expressed his concern about the additional expense involved with the creation of another federal holiday in honor of Martin Luther King. He asked staff to investigate any possible trade-offs. Holiday Inn Appeal City Attorney Huisjen noted there had been an appeal filed concerning the decision of the Planning and Zoning Board with regard to the University 1 October 18, 1983 Place P.U.D., the site of the proposed Holiday Inn. He stated he had reviewed the appeal and had determined the appeal had been made by persons who are not eligible to appeal under procedures established by the City. He stated he had advised the City Clerk to take no further action on the appeal. Councilmember Elliott stated he felt this was an issue that concerned the City of Fort Collins rather than those parties in interest defined as being within 500 feet of the site. He felt the issue needed further discussion and airing within the next few weeks. Mayor Knezovich agreed and suggested Councilmembers take the matter under advisement until the adjourned meeting of October 25 and decide at that time how to proceed. Adjournment Councilmember Horak made a motion, seconded by Councilmember Clarke, to adjourn the meeting to 3:00 p.m. on October 25. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: . None. The meeting adjourned at 8:40 p.m. -91-