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HomeMy WebLinkAboutMINUTES-12/04/1984-RegularIDecember 4, 1984 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, December 4, 1984, 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: Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Secretary's Note: Councilmember Clarke arrived at 6:05 p.m. Staff Members Present: Arnold, Huisjen, Krajicek, Widmer Agenda Review: City Manager City Manager Arnold noted staff was requesting that Section G of Item #19 be deleted. The item will be rescheduled for December 18. t Councilmember Knezovich asked that Item #18, Hearing and First Reading of Ordinance No. 180, 1984, Amending Section 114-2 of the Code of the City of Fort Collins Relating to the "Model Traffic Code for Colorado Municipali- ties",-1977 Edition, 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 Item #40, 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. Tabling of Trance tion of Spau Second Readinq of Ordinance n er 155j1984, Authorizing the 1 Proects for the Construc- a This ordinance was unanimously adopted on First Reading on November ' 20, 1984. -317- December 4, 1984 Staff has attempted to negotiate an agreement with the owner of the property in the City for the repayment of the funds at the time the property is developed in the future. To date, staff has been unable to come to terms with the owner of the property. Staff recommends tabling the ordinance on second reading to allow additional time to negotiate. The County staff supports the recom- mendation. 5. Second Reading of Ordinance No. 166, 1984, Annexing Approximately 2.8 Acres Known as the Fossil Creek Second Annexation. This ordinance was unanimously adopted on First Reading on November 20. The applicants, James P. Peterson, Clarissa F. Allison, and Floyd W. Deines, are requesting annexation of approximately 2.8 acres located south of Harmony Road, east of South College Avenue, and northeast of the Fossil Creek Meadows Subdivision. The annexation is a 100% voluntary annexation in that the applicants are the only owners of the property. This annexation achieves its one -sixth contiguity requirement through a common boundary with the Fossil Creek First Annexation. At their regular monthly meeting on October 22, 1984, the Planning and Zoning Board voted 7-0 to recommend approval of this annexation request. 6. Second Reading of Ordinance No. 167, 1984, Zoning Approximately 2 Acres Known as the Fossil Creek Second Annexation Into the R-L, L Density Residential. Zoninq District. This ordinance was unanimously adopted on First Reading on November 20. The applicants, James P. Peterson, Clarissa F. Allison, and Floyd W. Deines, are requesting zoning on approximately 2.8 acres, known as the Fossil Creek Second Annexation, into the R-L, Low Density Resi- dential, zoning district. At the regular monthly meeting on October 22, 1984, the Planning and Zoning Board voted 7-0 to recommend approval of the requested R-L zoning district. 7. Second Reading of Ordinance No. 168, 1984, Vacating a Portion of the Right -of -Way of the Frontage Road Along College Avenue in Front of Reynolds ds/Cade lac/Su aru, W i e Retaininq it as a Utility Easemen This ordinance was unanimously adopted on First Reading on November 20. Prior to the construction of the frontage road in front of Rey- nolds Olds/Cadillac/Subaru, the dealership had been using the area for -318- 1 1 ' December 4, 1984 displaying new cars. During the negotiations concerning the Frontage Road construction it was agreed that the dealership would have use of this land when the road was complete. Parking is not allowed in the right-of-way for periods longer than 24 hours. It is also illegal to park a vehicle between the curb and the property line. This request for vacation is to enable the dealership to park cars legally on this property. There are existing utilities in this location so a utility easement needs to be retained in the area of the vacation. 8. Second Reading of Ordinance No. 169, 1984, Rescinding the Designation of 128-132 LaPorte Avenue as a Historic Landmark. This ordinance was unanimously adopted on First Reading on November 20. The property located at 128-132 LaPorte Avenue, known historically as the Myron H. Akin Building and currently as Washington's Bar & Grill, was designated as a local historic landmark by City Council on second reading on June 21, 1977. On July 1, 1977, a demolition permit was mistakenly issued to the property owner and, a few weeks later, the front of the building was demolished. As a result of the demo- lition, the Cultural Resources Board discussed the landmark designa- tion status of the property at its meeting of December 14, 1983 and passed a motion to pursue rescission of that designation due to the fact that a large portion of the original landmark structure no longer ' existed and, thus, the property no longer met the criteria of a historic landmark. 9. Second Reading of Ordinance No. 170, 1984, Authorizing the Transfer of Appropriations Between Capital Projects. This ordinance was unanimously adopted on First Reading on November 20. The County has requested the City to participate in an amount of $20,000 in a joint project for the implementation plan for Cooper Slough. The total project cost is $27,000. A transfer of appropri- ations in the Storm Drainage Capital Projects Fund is necessary to cover this anticipated expenditure. The Storm Drainage Board has considered this matter and through a vote unanimously supported the project. 10. Second Reading of Ordinance No. 171, 1984, Authorizing the Issuance of ,)peciai Assessment ponds Tor cunningnam corners Special Improvement e Principal Amount o This ordinance was unanimously adopted on First Reading on November 20. The Cunningham Corners Special Improvement District No. 82 was formed by the City Council on June 5, 1984. It is a voluntary Special Improvement District. The District was established under the City's policies. -319- December 4, 1984 ' The developers in the District have begun the construction of the improvements, and the City will purchase the improvements under construction, at cost, utilizing the proceeds from the bond issue. 11. Hearing and First Reading of Ordinance No. 173, 1984, Providing for the Imposition of an Additional Twenty -Five Hundredths Percent .25% Retail Sales and Use Tax to be Effective January 1. 1985. Chapter 104 of the Code of the City of Fort Collins presently estab- lishes a Sales and Use Tax in the amount of two and fifty hundredths percent (2.50%). By Resolution 84-32, the Council referred a Sales and Use Tax Ordinance to the qualified electors of the City for the construction of a pool/ice rink. On May 1, 1984, the qualified elec- tors of the City of Fort Collins approved the imposition of an addi- tional twenty-five hundredths percent (.25%) Sales and Use Tax to begin on January 1, 1985, and continue through December 31, 1989, for the purpose of raising revenues to construct and maintain the pool/ice rink facility. This tax was to be effective as to sales and use of all taxable transactions as defined in Chapter 104, with the exception of food. 12. Hearing and First Reading of Ordinance No. 174, 1984 Establishing a I Sales Tax Rebate Program to Provide Relieffrom Sales Tax Paid on Food Purchases. During the 1985 budget worksessions, Council directed staff to develop a Sales Tax Rebate Program which would provide low income residents relief from sales tax paid on food purchases. The Sales Tax Rebate Program will be administered August 1 through December 31 with the Property Tax/Utility Charge Refund Program. If eligible, a refund of $25 per person per eligible household will be given. 13. Hearing and First Reading of Ordinance No. 175, 1984, Relating to Pre- cincts and Polling Places for Municipal Elections. A general municipal election will be held on March 5, 1985. At that time, four District Councilmembers will be elected to serve on the City Council,.and various Charter amendments will be submitted to the voters. Staff is recommending the addition of one precinct and changes in three polling places. This ordinance establishes the 1985 precincts contained in the District -Precinct Map. The ordinance also sets the polling places for City precincts. This map does not change District boundaries, which were established for the 1985 election earlier this year. -320- December 4, 1984 14. Hearing and First Reading of Ordinance No. 176, 1984, Appropriating Unanticipated Revenue in the FAUS Grant Fund. The City of Fort Collins received Federal and State approval in 1983 to use Federal Aid Urban Systems (FAUS) monies totaling $176,760 for the expansion of the computerized signal system. These grant funds were to be used for engineering, material procurement, and installa- tion of the system expansion. The City of Fort Collins has since received notification of an additional $352,772 available in FAUS funds which will be used to install new traffic signals over the next three years and for construction of railroad preemption and traffic signal modification work associated with the Mason/Howes one-way couplet project. Original Allocation (Ordinance 121, 1983) $176,760 Additional Allocation 352,772 $529,532 15. Hearing and First Reading of Ordinance No. 177, 1984, Appropriating Unanticipated Revenue in the Communications Fund. On July 3, 1984, City Council authorized the City Manager to enter into a lease agreement with Northern Telecom, Inc. to upgrade the City's telephone system. The upgrade is necessary because the City has no capacity to add telephone or data lines to the existing PBX. Accounting principles require that the lease agreement be recorded as a capital lease. This principle requires that we recognize a revenue (lease proceeds) and an expenditure (equipment to be leased) this year. Hence, it is necessary to make an appropriation for the amount of the expenditure related to the equipment to be leased. This ordinance appropriates $250,000 in unanticipated revenue from lease proceeds. 16. Hearing and First Reading of Ordinance No. 178, 1984, Appropriating Unanticipated Revenue in the General Fund. The General Fund has received payment in the amount of $14,008 for work performed by the Office of Information & Communication Systems. This revenue, totalling $14,008 needs to be appropriated in the ICS budget to cover the direct and contractual expenditures associated with the following systems projects: -321- December 4, 1984 $ 3,958 Reimbursement from Loveland for Police system user group fee 1,750 Reimbursement from Water Fund for addition of water surcharge to utility bills 8,300 Reimbursement from Transportation Fund for addition of Transportation utility charge $14,008 Total 17. Hearing and First Reading of Ordinance No. 179, 1 Unanticipated Revenue in the Larimer County Libr 4, Appropriating i Services Fund. The Fort Collins Public Library, Loveland Public Library and Estes Park Public Library have been awarded a federal grant in the amount of $9,895 under the Library Services and Construction Act, Title I, to establish and maintain a collection of videocassettes for loan. Each of the participating libraries is adding $1,000 to the project bring- ing the total project funding and cost to $12,895. The City of Fort Collins will be the fiscal agent for the project, re- ceiving and expending all project funds. Our contribution of $1,000 will be funded from existing appropriations, leaving $11,895 to be appropriated at this time. 18. Hearing and First Reading of Ordinance No. 180, 1984, Amending Section ' 114-2 of .the Code of the City of Fort Collins Relating to the "Model .Traffic Cade For Colorado Mum cipalities 1977 Edition. The State of Colorado adopted a child restraint system law (Section 42-4-235, C.R.S.) that went into effect on January 1, 1984. Enforce- ment of this state law in the County Court system is difficult due to the backlog of cases, such as those involving alcohol -related of- fenses. For this reason, it would be advantageous to have a child restraint system law adopted by the City so that this important requirement could be enforced through Municipal Court. In Municipal Court, this offense could be handled as a violations bureau offense. The proposed ordinance, which is similar to the State law and an ordinance adopted by the City and County of Denver, would enhance the Police Department's position in enforcement and compliance regulation. Automobile safety is a concern that the Police Department shares with local officials and citizens. With a local emphasis on this issue, our safety interests can be better monitored and safeguarded. 19. Hearing and First Reading of Ordinance No. 181, 1984, Appropriatin rior ear eserves an nanticipate evenue in arious Funds an Transferring Appropriations Between Funds. As part of the 1985 Budget process, we have identified various funds , l -322- December 4, 1984 which require a supplemental appropriation for 1984 expenditures. Council has received detailed explanations on what each appropriation: is for and how the appropriation is being financed. 20. Hearing and First Reading of Ordinance No. 182, 1984, Vacating Ease- ments and ROW at Centerpoint Park. Centerpoint Park has been replatted as Prospect Park East with all easements and rights -of -way dedicated and in place. The owner has requested the easements and rights -of -way be vacated at Centerpoint Park to avoid conflicts. All utilities have been notified and have no problems with the vacation. 21. Hearing and First Reading of Ordinance No. 183, 1984, Authorizing the Transfer of Funds Between Storm Drainage Capital Projects. The 7-year Sales Tax program provided $2 million for storm drainage improvements. Some of these funds were used to complete the city's drainage basin master plans, which eventually led to the development of the present storm drainage utility. Capital improvements for storm drainage are now financed within the City's eight major drainage basins by drainage fees collected in those basins. This ordinance transfers several older appropriations to ensure consistency in the new drainage utility accounting system. 22. Hearing and First Reading of Ordinance No. 184, 1984, 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 Anti- cipation 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. Tax Increment monies were pledged in Ordinance 53, 1983 for payment of the debt on the Bond Anticipation Notes. Tax increment monies are the ad valorem property taxes received from property within the DDA district, which are in excess of the amount received in the Base year (1981). Payment of the interest due on the Bond Anticipation Notes is now due and payable. 23. Items Relating to the Road to Prospect Road. rovements of Timberline Road from Harmo A. Resolution Authorizing the Mayor to, Enter into an Intergovern- mental Agreement with Larimer County. -323- December 4, 1984 ' B. Hearing and First Reading of Ordinance No. 185, 1984, Appropri- ating Prior Year Reserves in the General Fund for Transfer to the Capital Projects Fund. At the Council work session on November 13, 1984, a presentation was made on a proposed project to reconstruct Timberline Road from Harmony to Prospect. The improvement would consist of reconstructing the pavement for two lanes of traffic, widening to three lanes at major intersections to provide left turn lanes, constructing an off-street bike path on both sides of the street and other drainage and street improvements as needed. The estimated cost of the project is $750,000. Following the work session an intergovernmental agreement was drafted and presented to Larimer County. The agreement provides for partici- pation in the project by the County. The City and County would agree to share equally in the cost with each paying an estimated $375,000. The project will begin after both the City and County have appropri- ated funds. 24. Resolution Authorizing the Extension of External Audit Services for One Year. The Finance Committee recently met and discussed the 1985 Annual Audit. On Staff's request, the Committee is recommending the exten- sion of Erickson, Hunt and Spillman, P.C.'s engagement for one year. Staff requested the extension to allow continuity of auditors while our automated financial reporting system is fully implemented. The 1984 Annual Financial Report contained report formats that were not to either the Auditor's or Finance Staff's standards. To correct the formats would have delayed the final report several weeks, and the report was almost two months late when a joint decision was made to print a report that was not up to the City's or Auditor's high stan- dards but was in accordance with Generally Accepted Accounting Prin- ciples. Upon completion of the 1984 Annual Audit and the election of new Councilmembers, the Finance Committee recommends that the 1985 Com- mittee request proposals for auditing services for 1985 and subsequent years. 25. Resolution Authorizing the City Manager to Enter into an Agreement with Taranto, Stanton & Tagge for Design and Services During Con- struction of theAnheuser-Busch Waterline. The primary purpose of the project is to provide water service to the Anheuser-Busch plant. By oversizing certain reaches of the pipe, the City's distribution system will also be reinforced. -324- December 4, 1984 In keeping with the Master Agreement between the City of Fort Collins and Anheuser-Busch, Inc., the Water Utility is required to respond to a trigger letter received July 30, 1984 by beginning design of the water line. At this time, only authorization to proceed through design has been received from Anheuser-Busch. Authorization for the construction phase is anticipated upon completion of design so that the project can be built within the 27 months prescribed in the Master Agreement. In accordance with the trigger letter, our contract with Taranto, Stanton & Tagge states that the City will retain the author- ity to end Engineering Services at anytime. Taranto, Stanton & Tagge engineers were selected as a result of the Professional Services Selection process. 26. Resolution Approving an Addendum to Renewal Contract with General Code Publishers for Supplementation of City Code. The City Code specifies that the City Council will provide for supple- mentation of the Code of Ordinances. In 1971, the City entered into a contract with General Code Publishers of Rochester, New York for codification and supplementation of the City Code. That contract was renewed last December for a one-year term with expiration on December 31, 1984. This Resolution approves an Addendum to the contract for Code services for the period ending December 31, 1985. 27. Routine Deeds and Easements. The following are routine deeds and easements which have been reviewed and approved by the affected departments and legal staff: a) License agreement with Western Area Power Administration (WAPA), to allow the Light & Power Utility to construct an underground electric duct bank across an easement held by the United States Department of Energy. The duct bank is to be installed between Vine Drive and the substation at Anheuser-Busch. The duct bank intersects the WAPA easement just south of the Anheuser-Busch property. There is no charge for the license. b) Two easement dedications from American Continental Corporation for utilities in Golden Meadows Third Filing. These two easements were overlooked when Golden Meadows was platted, and they are now being dedicated since there are utilities in them. c) Warranty Deed from American Continental Corporation for Tract A of Golden Meadows Third Filing, whic is being deeded to the City because there is a storm, drainage line in it which will be used by the Parks and Recreation Department to access the neighborhood park. 1 -325- December 4, 1984 Ordinances on Second Reading were read by title by Wanda Krajicek, City I Clerk. Item #4. Tabling of Second Reading of Ordinance No. 155, 1984, Authorizing the Transfer of Appropriations Between Capital Projects for the Construction of Spauldinq Lane to December 18, 1984. Item #5. Second Reading of Ordinance No. 166, 1984, Annexing Approximately 2.8 Acres Known as the Fossil Creek Second Annexation. Item #6. Second Reading of Ordinance No. 167, 1984, Zoning Approximately 2.8 Acres Known as the Fossil Creek Second Annexation Into the R-L, Low Density Residential, Zoning District. Item #7. Second Reading of Ordinance No. 168, 1984, Vacating a Portion of the Right -of -Way of the Frontage Road Along College Avenue in Front of Reynolds Olds/Cadillac/Subaru, While Retaining it as a Utility Easement. Item #8. Second Reading of Ordinance No. 169, 1984, Rescinding the Desig- nation of 128-132 LaPorte Avenue as a Historic Landmark. Item #9. Second Reading of Ordinance No. 170, 1984, Authorizing the Transfer of Appropriations Between Capital Projects. Item #10. Second Reading of Ordinance No. 171, 1984, Authorizing the ' Issuance of Special Assessment Bonds for Cunningham Corners Special Improvement District No. 82 in the Principal Amount of 1,265,000. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #11. Hearing and First Reading of Ordinance No. 173, 1984, Providing for the Imposition of an Additional Twenty -Five Hundredths Percent .25% Retail Sales and Use Tax to be Effective January 1, 1985. Item #12. Hearing and First Reading of Ordinance No. 174, 1984 Establishing a Sales Tax Rebate Program to Provide Relief from Sales Tax Paid on Food Purchases.. Item #13. Hearing and First Reading of Ordinance No. 175, 1984, Relating to Precincts and Polling P aces or unicipal Elections. Item #14. Hearing and First Reading of Ordinance No. 176, 1984, Appropri- ating Unanticipated Revenue in the FATS Grant Fund. Item #15. Hearing and First Reading of Ordinance No. 177, 1984, Appropri- ating Unanticipated Revenue in the Communications Fund. -326- ' December 4, 1984 Item #16. Hearing and First Reading of Ordinance No. 178, 1984, Appropri- ating Unanticipated Revenue in the General Fund. Item #17. Hearing and First Reading of Ordinance No. 179, 1984, Appropri- ating Unanticipated Revenue in the Larimer County Library Ser- vices Fund. Item #18. Hearing and First Reading of Ordinance No. 180, 1984, Amending Section 114-2 of the Code of he tCity of Fort Collins Relating to the Model Traffic Code For Colorado Municipalities", 1977 FHi+,nn Item #19. Hearing and First Reading of Ordinance No. 181, 1984, Appropri- ating Prior Year Reserves and Unanticipated Revenue in Various Funds and Transferring Appropriations Between Funds. Item #20. Hearing and First Reading of Ordinance No. 182, 1984, Vacating Easements and ROW at Centerpoint Park. Item #21. Hearing and First Reading of Ordinance No. 183, 1984, Authorizing the Transfer of Funds Between Storm Drainage Capital Projects: Item #22. Hearing and First Reading of Ordinance No. 184, 1984, Appropri- sting Revenue for Payment of Debt Service. Item #23. B. Hearing and First Reading of Ordinance No. 185, 1984, Appro- priating Prior Year Reserves in the General Fund for Transfer - to the Capital Projects Fund. Councilmember Rutstein made a motion, seconded by Councilmember Knezovich, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Making Appointments to the Cable Advisory Board and the Public Access Advisory Board, Adopted Following is the staff's memorandum on this item: "A vacancy currently exists on the Cable Advisory Board due to the resig- nation of Dave Swigert. Three vacancies currently exist on the Public Access Advisory Board due to the resignations of Arthur Botterell, Dan Arensmeier and Anita Montgomery. -327- t December 4, 1984 ' The board liaison has reviewed the applications in the active file, as well as the applications that were submitted. Council needs to select persons to fill these vacancies for the terms listed on the attached Resolution." Mayor Horak asked for the recommendations of the board liaison on filling the vacancies on these two boards. Councilmember Rutstein nominated Daniel Marvel for the Cable Advisory Board and nominated Jim Welch, Dudley Lynch, and Judith Buddenbaum for the Public Access Advisory Board. Councilmember Knezovich nominated John McCoy for the Public Access Advisory Board and asked that he be given preference over Dudley Lynch. By straw vote a majority of Councilmembers selected Dudley Lynch to serve on the Public Access Advisory Board. Councilmember Ohlson made a motion, seconded by Councilmember Elliott, to adopt Resolution 84-184 inserting the name of Daniel Marvel to serve on the Cable Advisory Board and inserting the names of Dudley Lynch, Jim Welch, and Judith Buddenbaum as members of the Public Access Advisory Board serving terms that expire in July of 1985, 1986, and 1987 respectively. I Yeas: Councilmembers Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Directing Staff to Investigate the Potential for City Participation or Assistance in Financing the Retrofitting of Existing High Rise Buildings to Conform with Life Safety Requirements, Denied Following is the staff's memorandum on this item: "At the City Council meeting on November 20, 1984, City Council considered Ordinance No. 172, 1984 which amended portions of the Uniform Fire Code and added life safety requirements for existing high-rise buildings. During the discussion of the Ordinance (which was later passed on first reading), City Council passed a motion directing staff to prepare a resolution to investigate the potential for reducing the economic burden of the requirements of Ordinance No. 172, 1984 on existing high rise buildings through City assistance or participation in financing. This Resolution is intended to fulfill the direction given in that motion." -328- ' December 4, 1984 Councilmember Elliott made a motion, seconded by Councilmember Ohlson, to adopt Resolution 84-185. Councilmember Knezovich asked about Charter requirements that might limit City participation with private enterprise. City Attorney Huisjen replied there were limits as far as making contribu- tions to individuals privately. If a public benefit is to be obtained, a contract might be entered into. In this case there may be a public benefit to the City in that there may be reduced operational costs for firefighting, firefighters, location of equipment, etc. That public benefit would need to be explored before a contract could be entered into with the building owners for any City contribution to building improvements or before any City commitment to provide some method of financing through a special improvement district or an IDRB could be made. Council would need to determine if there is sufficient public.benefit. City Manager Arnold noted staff was awaiting Council direction before exploring any specific methods of financing or City participation. Councilmember Elliott pointed out this Resolution only provided for the investigation of various possibilities and did not make any City commit- ment. He urged adoption of the Resolution. ' Councilmember Knezovich urged defeat of the Resolution noting it defied Charter provisions. He added he felt this Resolution was an elaborate charade to allow some Councilmembers to vote affirmatively on the next agenda -item, the ordinance amending the Uniform Fire Code. The vote on Councilmember Elliott's motion to adopt Resolution 84-185 was as follows: Yeas: Councilmembers Elliott, Ohlson, and Stoner. Nays: Councilmembers Horak, Knezovich, and Rutstein. THE MOTION FAILED. Ordinance Amending Portions of Chapter 50 of the Code of the City of Fort Collins Relating to the Uniform Fire Code, Including the Addition of Life Safety Requirements for Existing High -Rise Buildings, Adopted on Second Reading Following is the staff's memorandum on this item: "This ordinance was adopted on First Reading on November 20 by a 5-2 vote. In 1980-1981, the Poudre Fire Authority prepared a Fire Protection and Emergency Services Master Plan which included recommendations for the future growth and development of fire protection in the community. -329- December 4, 1984 ' The Master Plan stressed balancing the potential for fires in the Fort Collins area with the Poudre Fire Authority's ability to combat them. Like many other departments across the nation, the Poudre Fire Authority determined that the fire risk allowed in buildings built under current codes were beyond their capabilities. The Master Plan suggested that new structures contain built in fire protection rather than impose the expense of additional firefighters and equipment on the general taxpayer. In this manner, the cost of fire protection is born by the party creating the risk. The Master Plan also recommended that all existing high rise buildings be retrofitted with automatic sprinklers. The Fort Collins City Council adopted the Master Plan excluding the high-rise portion on January 5, 1982. Council recommended that the Poudre Fire Authority study the high- rise problem in further detail. With the help of the City and the Larimer County Building Officials, Poudre Fire Authority Staff began working on modifications to the building and fire codes in order to implement the Fire Master Plan with the excep- tion of the existing high-rise recommendation. These modifications were adopted with the 1982 Uniform Building Code and the 1982 Uniform Fire Code." Councilmember Elliott made a motion, seconded by Councilmember Ohlson, to ' adopt Ordinance No. 172, 1984 on Second Reading. Councilmember Knezovich noted he did not feel the City should retroactively change the Fire Code since the buildings in question had met code require- ments at the time of their construction. He noted the ordinance was unnecessary and added the marketplace would take care of the buildings that were not in conformance. Mayor Horak supported the ordinance noting it was a matter of safety and health and that the Poudre Fire Authority supported the action. He lauded CSU for their efforts in retrofitting campus buildings with sprinkler systems and stated he felt it was time for the City to take care of other buildings within the City. The vote on Councilmember Elliott's motion to adopt Ordinance No. 172, 1984 on Second Reading was as follows: Yeas: Councilmembers Elliott, Horak, Ohlson, and Rutstein. Nays: Councilmembers Knezovich and Stoner. THE MOTION CARRIED. Mayor Horak suggested the: Poudre Fire Authority might look at the Master Plan to see if it needed amended in light of this ordinance. Note: Councilmember Clarke arrived at this point. -330- ' December 4, 1984 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 as Amended on First Reading Following is the staff's memorandum on this item: "Automobile collisions are the most common cause of injuries to young children. Young children are dangerously exposed to serious head injuries because of their proportionately larger heads. Due to a child's small size, if they are involved in a collision and are unrestrained (no seat belt protection), they are more likely to be injured or killed because they will be thrown farther and faster. Studies show that over 90% of child fatalities in automobile accidents would be prevented by the use of crash - tested child restraint systems. The State of Colorado adopted a child restraint system law (Section 42-4- 235, C.R.S.) that went into effect on January 1, 1984. Enforcement of this state law in the County Court system is difficult due to the backlog of cases, such as those involving alcohol -related offenses. For this reason, it would be advantagous to have a child restraint system law adopted by the City so that this important requirement could be enforced through Municipal ' Court. In Municipal Court, this offense could be handled as a violations bureau offense. Seeking compliance, not punishment, is the primary intent of the Police Department on this issue. Our interest is in getting adults who make decisions for children in these situations to recognize the potential of serious injury or death that a child faces when unrestrained in an auto- mobile and gain compliance with the law. In addition to the many child restraint systems available for purchase, various loaner programs for infant and toddler restraint systems have over 500 seats available in the City for rental use at a very low cost. Public education on this issue is as important as enforcement. The Police Department has participated in this process and will continue to do so by having information available for the public. The proposed ordinance, which is similar to the State law and an ordinance adopted by the City and County of Denver, would enhance the Police Depart- ment's position in enforcement and compliance regulation. Automobile safety is a concern that the Police Department shares with local officials and citizens. With a local emphasis on this issue, our safety interests can be better monitored and safeguarded." Councilmember Ohlson made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 180, 1984 on First Reading. -331- December 4, 1984 ' Councilmember Knezovich suggested amending this ordinance to make it conform with state statutory requirements. He stated the ordinance, as presented, is a stricter version of state law. Councilmember Knezovich made a motion, seconded by Councilmember Stoner, to amend Ordinance No. 180, 1984 by adding the phrase "which is driven by a resident of this state" to Section 20-18(b) after the words "noncommercial passenger vehicle" and by adding a new paragraph (d) as follows: "(d) The requirements of this section shall not apply to a child who: (1) Is being transported in a motor vehicle in which all seating positions equipped with safety belts or child restraint systems are occupied; or (2) Is being transported in a motor vehicle as a result of a medical emergency." Dave Feldman, Police Department Patrol Division Head, noted the Police Department had no objection to Councilmember Knezovich's amendments and addressed the Police Department's concerns relating to the backlog of cases ' in the County court system. This ordinance would allow ordinance viola- tions to be heard in Municipal Court. He noted that as with all traffic contacts, the officer has discretion to issue warnings in unusual situa- tions such as out of state drivers who may not be aware of state or local requirements. Councilmember Stoner felt the local requirements should be consistent with the state requirements and noted he supported the amendments. The vote on Councilmember Knezovich's motion to amend Ordinance No. 180, 1984 as previously stated was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Rutstein, and Stoner. Nays: Councilmember Ohlson. THE MOTION CARRIED. The vote on Councilmember Ohlson's motion to adopt Ordinance No. 180, 1984 as amended on First Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. 1 -332- December 4, 1984 Councilmembers' Reports Councilmember Elliott noted final work had been done on the agreement between the City and the Fort Collins -Loveland Water District. He added the agreement would be coming to Council after Water Board review and noted the project had been worked on for the past three to four years. He stated the agreement outlined the relationship between both the water and sanita- tion districts. Councilmember Ohlson reported on the National League of Cities meeting in Indianapolis attended by Mayor Horak and himself. Mayor Horak reported on the hearing on the proposed Cache La Poudre basin study. He stated there would be heavy emphasis on public process. Citizen Participation A. Proclamation Naming December 9-15 as Drunk Driving Awareness Week was accepted by Police Lieutenant C.J. Davis, Traffic Coordinator. B. Presentation of award for Distinguished Budget Preentation by repre- sentatives of the Government Finance Officers Associastion was made to Budget Officer Silvija Widmer by Bob Eichem, President of the Govern- ment Finance Officers Association. C. Proclamation Naming December 1 as Recycling Day was accepted by a CAN representative. Ordinance Changing the Regular Council Meeting Time to 6:30 P.M., Adopted on First Reading Following is the staff's memorandum on this item: "At the meeting of November 20th on prepare the attached Ordinance, which time to 6:30 p.m. from 5:30 p.m. a 6-1 vote, Council directed staff to changes the Council's regular meeting If adopted on Second Reading on December 18th, the Ordinance would take effect for the regular meeting of January 15th." Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 186, 1984 on First Reading. -333- December 4, 1984 ' Councilmember Ohlson stated he was in favor of the meeting time change because of the inconvenience the current schedule causes to the public. Councilmember Knezovich stated that the cost associated with the Council dinners was not the issue -- the convenience to the citizens was the motivation for the change. Councilmember Elliott made a motion to amend Ordinance No. 186, 1984 by providing the regular meetings begin at 5:30 p.m. but that no break be taken between 6:30 p.m. and 7:30 p.m. THE MOTION DIED FOR LACK OF A SECOND. Mayor Horak agreed with the proposed change noting this method had been tried for six months in 1981. He urged support of the ordinance. The vote on Councilmember Ohlson's motion to adopt Ordinance No. 186, 1984 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Authorizing the Purchase of ' Parcels 1, 13A, and 15 in Block 31, Adopted Following is the staff's memorandum on this item: "Efforts to reestablish communication with the remaining Block 31 property owners began in earnest this September. With the November 20, 1984 Inter- governmental Agreement confirming the policy to pursue the acquisition of the remainder of the Block, three contracts from willing sellers have been negotiated at or below the previously discussed purchase range: PARCEL LAND IMPR. NAME i1 S.F. S.F. ESTIMATED RANGE PURCHASE PRICE Noel 1 16,250 11,543 $775,000-$800,000 $775,000 Miscio 13A 2,039 1,519 $110,000-$115,000 $115,000 1st Inter- state Bank 15 15,500 9,218 $590,000-$600,000 $575,000 M—,7T9- TZ b $1, 50o The contracts are standard agreements that have been used for past Block 31 purchases with these four changes: 1 -334- December 4, 1984 1) Both City and County are included as Purchasers; 2) A clause threatening eminent domain for tax purposes has been added; 3) the contracts are contingent upon inspection of the buildings and HVAC for adequacy; and 4) the contracts are also contingent upon the City and County depositing their respective $1.2 million dollar shares in the City/County fund by January 15, 1985. The closings on these properties are scheduled on January 22, 1985." Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to adopt Resolution 84-186. General Services Director Tom Frazier gave a brief review of the overall plan and the City's approach over the past three to four years. Bruce Lockhart, 2500 East Harmony Road, asked what this property would be used for. He noted the last purchase had been specified for a parking lot which was subsequently built. He noted this purchase was not budgeted in ' the 1985 Budget nor considered by the RECAP Committee. Councilmember Clarke replied the City and Larimer County entered into an agreement some years ago to begin the purchase of Block 31 for a joint facility sometime in the future. The parking lot is not the ultimate intended use of the land. He felt this plan was a long sighted approach to providing for the future needs of both the County and the City and to keeping the governmental functions in the downtown area. Barbara Allison, 1212 Lynnwood Drive, questioned the concept of joint County/City use of the land. She objected to the purchase. Tom Frazier outlined the City's space needs for the next five to ten years noting an estimated 126,000 square feet would be required, including warehouse, vehicle storage, raw storage, and office space. An estimated 30,000 square feet is planned for office space. City Manager Arnold pointed out the City's five year plan refers to Block 31 throughout the five years. The vote on Councilmember,Ohlson's motion to adopt Resolution 84-186 was as follows: Yeas: Councilmembers Clarke; Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. -335- December 4, 1984 ' Items Relating to Financing of Block 31 Project Following is the staff's memorandum on this item: "A. Hearing and First Reading of Ordinance No. 187, 1984, Authorizing a Short -Term Loan from the Water Fund to the Capital Projects Fund for the Block 31 Project. In November, 1984, City Council approved an Intergovernmental Agreement with the County establishing a City/County center fund in which the County and City each will deposit $1.2 million dollars for the purpose of: 1. The acquisition of the remaining five parcels of property not previously acquired by the City and County in Block 31 2. The development of a Master Plan for Block 31 3. The development of a plan for the management, operation, and maintenance of the buildings located on Block 31 This short-term loan would provide the funds necessary to satisfy the Intergovernmental Agreement. Said loan would be repaid to the Water Fund within one year. Staff anticipates retirement of the loan within six ' months through the issuance of Sales and Use Tax Revenue securities. B. Hearing and First Reading of Ordinance No. 188, 1984, Appropriating Funds for Unanticipated Revenue to the Capital Projects Fund for the Block 31 Project. Ordinance No. 187, 1984, if favorably considered, has provided unantici- pated revenues in the form of a short-term interfund loan to the Capital Project Fund for Block 31, and $1.2 million dollars from Larimer County will be received in accordance with the terms of the Intergovernmental Agreement. The appropriation Ordinance appropriates both the City's and Larimer County's monies for Block 31." Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 187, 1984 on First Reading and to add a provision that the Water Fund be repaid at an interest rate of 1% greater than the inter- est rate the City would have received if such funds had been prudently invested elsewhere. Finance Director Jim Harmon outlined other alternatives than short term borrowing from the Water Fund. He noted both outside long or short term borrowing could be considered. He did not feel short time borrowing from an outside source could be accomplished in time to meet the January 15 timetable and recommended the interfund borrowing. -336- 1 December 4, 1984 Councilmember Knezovich asked why undesignated reserves or prior year reserves could not be used for this project. Jim Harmon replied there were a number of Charter restrictions that pre- vented appropriation of reserves before the close of the year. Deputy City Manager Shannon replied that there was probably $1.2 million available in reserves. Staff would recommend that if Council's preference was to buy Block 31 with cash and not over time, the time to discuss that is in February or March. He noted staff attempted to understate revenues and to err on the side of overstating expenditures so that at the end of the year there are rather large unidentified reserves. At the time the audit is completed, a decision could be made to purchase Block 31 with cash or to direct staff to proceed with long term financing. Budget Director Silvija Widmer stated revenues are projected to be avail- able when 1984 closes, but Charter requirements do not permit their use until the audit is completed. Deputy City Manager Shannon stated if staff looked at every source of reserve funding available, $1.2 million could probably be found. He ' emphasized the time to do that is when there is a clear picture of all the reserves and Council can determine what other projects might be competing with this proposed purchase. He noted staff had interpreted the Charter provision referring to expenditures after eight months, to mean that if at the end of eight months, the estimated revenue for twelve months has been exceeded, Council may appropriate the excess for other purposes. He noted tonight's action was for short term, four to six month, financing and the decision on long term financing could be made in March, April, or May. Bruce Lockhart, 2500 East Harmony Road, stated he felt the City should avoid debt financing for this purchase. Councilmember Clarke felt the interfund loan was a wise business decision. He noted there is a great likelihood there will be cash available in the spring to pay for all or at least a substantial part of this $1.2 million purchase. J Councilmember Stoner concurred with Councilmember Clarke's comments but added he did not agree with the additional 1% interest to be paid to the Water Fund. He felt the short term financing should be authorized and the decision on the long term financing made once the 1984 audit is completed. Councilmember Knezovich felt there was a benefit to securing this property for future use but expressed concern about the retirement of the short term loan through the issuance of sales and use tax revenue securities. -337- December 4, 1984 Councilmember Clarke noted he would like to amend his original motion to remove the additional 1% of interest so that the rate would be "'equal to' the interest rate the City would have received...." Councilmember Stoner noted this amendment was acceptable to him. Councilmember Knezovich suggested the fourth WHEREAS be amended to add the phrase "or General Fund reserves" after the words "anticipated bond pro- ceeds". Councilmembers Clarke and Stoner noted this amendment would be acceptable to them. The vote on Councilmember Clarke's motion to adopt Ordinance No. 187 as amended on First Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 188, 1984 on First Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. ' Ordinance Establishing a School Site Acquisition Fee, Tabled to March 19 Following is the staff's memorandum on this item: "The three school districts in Larimer County have proposed a uniform fee to be assessed new residential development throughout the county. Attached is information from the three school districts in Larimer County document- ing their request for this fee. Poudre R-1 is presently projecting the need for as many as one new elemen- tary school per year between 1986 and 1994. The proposed fee is designed to cover only site acquisition costs for the new schools needed to accommo- date increased school enrollment due to residential development. The fee will be applied only to new residential development. Commercial and industrial development will not be assessed this fee. This fee is scheduled to be implemented county -wide as of March 1, 1985. Berthoud has already adopted this fee conditioned on adoption by the other jurisdictions in the County. The fee is currently being considered by all other jurisdictions in Larimer County. -338- December 4, 1984 As proposed, the fee allows for either the dedication of land or payment of a "fee in lieu". Both options have been computed based on the following considerations: o average number of students per dwelling unit; o typical number of students per school; o number of acres needed per school site; and o projected average cost per acre of $12,000. Residential dwelling units have been differentiated by unit type, i.e., single family or multi -family, to reflect consistent differences in average family size found between the two. Single family households traditionally have twice the number of children found in the average multi -family house- hold. A permanently installed mobile home is considered the equivalent of a single family unit for purposes of this fee. Based on the formula developed by the school districts, the following fees are proposed: Computation of fee in lieu of land dedication: Single Family Acreage Per X Land Value Dwelling Dwelling Per Acre .0227 $12,000 Multi Family Acreage Per X Land Value Dwelling Dwelling Per Acre .0114 $12,000 Fee in Lieu of Dedication _ $272.40 Fee in Lieu of Dedication $136.80 (Complete data showing computation of the fee is attached.) The fee will be collected by the City at the time the building permit is issued. In the case of mobile homes or other manufactured housing units, the fee will be collected at issuance of the manufactured housing permit and certificate of occupancy. Staff recommends that Council adopt the ordinance implementing this fee with the restriction that any funds collected must be used for school site acquisition within the Fort Collins Urban Growth Area." Jim Law, Executive Director of Administrative Services for Poudre R-1, appeared to support the ordinance. He noted the purpose of the fee was to purchase school sites required for additional schools as a result of new developments. He noted the proposal had been endorsed by the Poudre R-1 School Board. He stated that without the fee, additional sites would have to be purchased and the district had not yet decided where the funds would come from. -339- December 4, 1984 ' Councilmember Knezovich spoke to the equity of the fee noting that since the fee was to be applied only to new residential development, childless and elderly couples would pay the fee as well as young couples with school age children. He felt an inordinate portion of the fee would be paid by persons with no direct benefit. Mr. Law replied there is an overall philosophy that states the education of children is a community responsibility and that the return of that educa- tion is a benefit to the community. He noted approximately 75% of the community has no direct connection to the schools. Councilmember Knezovich asked if any progress could be made in the next six to eight weeks on the boundary issue. Mr. Law noted the boundary issue may take a number of months or possibly a year to consider and resolve the factors involved. He noted he did not see the two issues being tied together. Councilmember Elliott made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 189, 1984 on First Reading. Lucia Liley, 110 East Oak, spoke on the concerns of the general development ' community. She posed questions on the legality of the City's ability to act as a collection agency for the school districts and to use its munici- pal powers to levy a fee for purposes of education and specifically for financing of education. Kate Brandes, 3107 Rockwood Drive, representing the League of Women Voters, spoke in support of the school site acquisition fee and noted there was a clear relationship between residential growth and the need for new schools. Bob Zakely, Everitt Companies, spoke in opposition to the fee and expressed concerns about inequities in the ordinance. He asked that the ordinance be tabled until all the questions posed could be answered and the concerns addressed. Eldon Ward, planning consultant, asked how the City would collect fees in the county areas of the Urban Growth Area. Mayor Horak replied the County would collect those fees. The City could only collect within the City limits. Larry Stone, Assistant Superintendent for Operations, Thompson R2J School District, noted many of the questions posed had been discussed. He stated their attorneys felt there was a basis for the cities to levy and collect such a fee. He noted this is done in Littleton and Colorado Springs. ' 11 -340- ' December 4, 1984 Councilmember Stoner asked how soon there might be a resolving of the issue of UGA boundary versus school district boundaries. Mr. Stone replied that he was not working on that issue and agreed with Jim Law that the school site acquisition fee and the boundary issue should not be tied together and are separate issues. Councilmember Knezovich asked if tabling this issue would prompt the R2J School Board to come and discuss the broader issues. Mr. Stone replied he had not been involved in those discussions and could not respond. Councilmember Clarke noted he felt the boundary issue was very important because of the major development proposed for the area currently served by R2J. Fort Collins will provide services to the area and the residents have a strong identity to Fort Collins. It is not good planning to have the area in the Thompson School District. He stated the two issues*(boundaries and fee) are linked and noted the equity issue had not been addressed. He added a fee needed to be paid to the City for the collection of the school site acquisition fee. He noted he could not support this ordinance at the ' time because too many questions were unanswered. Councilmember Stoner noted the equity issue was valid and suggested the ordinance be tabled. Councilmember Knezovich noted he would like to see the two districts present a plan detailing the whole issue of the financing school construc- tion before the site acquisition fee is dealt with. He suggested a work session on the issues. Councilmember Rutstein suggested the legal issues be thoroughly ironed out and requested a detailed opinion from the City Attorney on the legal ramifications of the fee. Councilmember Stoner made a motion, seconded by Councilmember Elliott, to table Ordinance No. 189, 1984 on First Reading to the first regularly scheduled meeting in March, 1985. Yeas: Councilmembers Clarke, Elliott, Horak, Rutstein, and Stoner. Nays: Councilmembers Knezovich and Ohlson. THE MOTION CARRIED. Mayor Horak noted he expected this item to be scheduled for a worksession in January prior to formal -consideration in March. -341- December 4, 1984 ' Adjournment Councilmember Stoner made a motion, seconded by Councilmember Rutstein, to adjourn the meeting to 7:00 p.m. on December 11. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 10:45 p.m. AeTTTESnT: S7�Aaw�IA City Clerk TQ) Aayo -342-