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HomeMy WebLinkAboutMINUTES-02/04/1986-RegularFebruary 4, 1986 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, February 4, 1986, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Staff Members Present: Shannon, Huisjen, Krajicek, Lewis Agenda Review: City Manager Councilmember Knezovich asked that Item #19, Hearing and First Reading of Ordinance No. 21, 1986, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund, and Item #21, Resolution Authorizing Award of an Engineering Services Contract to RBD, Inc. for Sludge Composting Project, be withdrawn from the Consent Agenda. ' Councilmember Horak asked that Item #6, Ordinances Relating to the Creation and Financing of South Lemay Special Improvement District No. 86, and Item #23, Resolution Authorizing the City Manager to Enter into an Agreement with the Humane Society for Animal Control Services, be removed from the Consent Calendar. Bruce Lockhart, 2500 East Harmony Road, asked that Item #24, Resolution Opposing Changes in the Federal Power Marketing Program, be removed from the Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Items #26 and #36, Pulled Consent Items, except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled be staff or Council. These items will be discussed immediately following the Consent Calendar. 1 4. Approval of the Minutes of the Regular Meeting of January 21 -177- February 4, 1986 5. VA 1*3 of Assessment. This ordinance was adopted on First Reading on January 21 by a 6-C vote. The District is located at the intersection of Taft Hill Road and Prospect Street. Improvements include streets, curbs and gutters, water and sewer lines, and storm drainage improvements. The amendment to the method of assessment allows commercial land to be assessed at a rate equal to two times that of residential land. Ordinances Relating to the Creation and Financing of South Lemay Special Improvement District No. 86. Second Reading of Ordinance No. 6, 1986, Relating to the Creation of South Lemay Special Improvement District No. 86. Second Reading of Ordinance No. 7, 1986, Appropriating Funds to Pay the Required City Street Oversizing Costs for SID No. 86. These Ordinances were adopted on First Reading on January 21 by a 6-0 vote. This proposed SID is located on Lemay Avenue from County Road 32 (Windsor Road) north to the existing improved Lemay Avenue at South Ridge Greens Golf Course a distance of 9,835 feet (1.86 miles). This District was proposed as a companion District to the Provincetowne/Portner SID No. 81 which was established on October 30, 1984. Provincetowne/Portner SID improved Trilby and internal streets and SID No. 86 will improve South Lemay. The Lemay District is comprised of three properties, two of which are also found in the Provincetowne/Portner SID. This ordinance was adopted by a 6-0 vote on January 21 on First Reading. The applicant, Everitt Enterprises, on behalf of property owners Gerald and Elizabeth Ann Dusbabek; Elmer and Betty Mae Stromberger; H.H. Investment Company (General Partners: Richard J. Morroni, Thomas J. Morroni and Catherine C. Gutru); and Wildwood Farms, Inc. (Albert Parker, Jr. Agent and Attorney In Fact), is requesting annexation of approximately 406 acres, located south of Harmony Road and west of County Road 9. This is a voluntary annexation. The property to be annexed'is presently undeveloped. This ordinance was adopted on First Reading on January 21 by a 6-0 vote. This is a request to zone approximately 406 acres located south 1 -178- February 4, 1986 a 10. 12. of Harmony Road and west of County Road 9, known as the South Harmony Annexation, into the T-Transition zoning district. This ordinance was adopted by a 6-0 vote on January 21 on First Reading. The applicant, R & S Investments, (Mr. Allan Rhoadarmer, 1611 37th Street, Greeley, C/O Ms. Jackie Dunham, The Group Inc., 375 East Horsetooth Road, Fort Collins, CO) on behalf of property owners Arlo and Ruby Dodd, is requesting annexation of approximately 1.21 acres, located south of Primrose Drive and west of Taft Hill Road. This is a voluntary annexation. The property to be annexed is presently the site of a residential structure and a commercial use. The intended use of the property is for a group home. In order for a group home to be developed on the property, the property would have to be rezoned. The County has agreed not to rezone property within the Fort Collins Urban Growth Area which is eligible for voluntary annexation. Residential, Zoning District. This ordinance was adopted on First Reading by a 6-0 vote on January 21. This is a request to zone approximately 1.21 acres, located south of Primrose Drive and west of Taft Hill Road, known as the Spruce Homes Annexation, into the R-L, Low Density Residential, zoning district. This ordinance was adopted on First Reading by a 6-0 vote on January 21. The applicant, E. E. Mitchell & Co., on behalf of property owners Ward Smith and the Larimer County Voc-Tech Center, is requesting annexation of approximately 261 acres, located south of Harmony Road and east of Shields Street. This is a voluntary annexation. The north 100 acres of the property to be annexed is presently the site of the Larimer County Voc-Tech Center. This ordinance was adopted on January 21 on First Reading by a 6-0 vote. This is a request to zone approximately 261 acres, located south of Harmony Road and east of Shields Street, known as the Voc-Tech Smith Annexation, into the R-L-P, Low Density Planned Residential, zoning district. -179- February 4, 1986 13. Ordinances Assessing the Cost of Improvements for Street Improvement ' District #76 and the Boardwalk Special Improvement District #77. 14. 15. 16. Second Reading of Ordinance No. 14, 1986, Assessing the Cost of Improvements in Street Improvement District No. 76. Second Reading of Ordinance No. 15, 1986, Assessing the Cost of Improvements in the Boardwalk Special Improvement District No. 77. These Ordinances were adopted on First Reading on January 21 by a 6-0 vote. After First Reading of the Ordinances, staff discovered the ordinances contained an incorrect date for the commencement of the assessment installment payments. We have changed the commencement date from May, 1987 to May, 1986 in order to correct this error. Passage of these items on the Consent agenda will amend and then adopt the amended Ordinance No. 14, 1986 and Ordinance No. 15, 1986 on Second Reading. This Ordinance was adopted 6-0 on First Reading on January 21. The I City Clerk's Office has received $2,000 from State Farm Insurance for the purchase of the out -dated Vydec word processing units. Adoption of this ordinance will appropriate $2,000 into the City Clerk's Office budget for office automation purposes. This ordinance was adopted on First Reading on January 21 by a 6-0 vote. The Police Department has been awarded a grant from the Colorado Division of Highway Safety totalling $31,000. These monies are provided from fees assessed against convicted drunk drivers across the state. These funds will be ..used to support the already existing drunk driving enforcement program within the Department. The grant will provide for they majority of';the salary for the patrol officer assigned to the lead on^drunk driving enforcement. This Ordinance appropriates the $31,000 in grant funds for expenditure in the Police Department's Drunk Driving Program. This Ordinance was adopted on January 21 on First Reading.by a 6-0 I vote. The 1986 Budget contains appropriations in both the General am February 4, 1986 Fund and the Capital Projects Fund for Handicapped Accessibility. Staff wishes to consolidate the appropriations in the Capital Projects Fund in order to account for the project in a single location. 17. The Ordinance was adopted on First Reading on January 21 by a 6-0 vote. At that meeting, Resolutions were adopted which approved the restatements of the Firefighters' and Police Officers' Pension Plans to incorporate certain plan improvements and changes made to the plans as required by the Internal Revenue Service to maintain a qualified plan. The restatements are being recommended by A.S. Hansen Company, the City's actuarial consultant. The Firefighters' Pension Board has approved the changes and the complete restatement. The Police Officers' Pension Board has approved these changes and the complete restatement, including changes to the vesting requirements. fF� Collins. These proposed revisions to Chapter 69, of the Code of the City of ' Fort Collins, the city's Landmark Preservation Ordinance, would amend various sections of the chapter. Major areas of revision include expanding the Landmark Preservation Commission from five members and one alternate to seven members; adding a provision for interim control of building permits when landmark designation is under consideration; clarification of requirements for conceptual/final review of work proposed on landmarks and clarification of the appeal procedure for Landmark Commission decisions. 19. Hearinq and First Readina of Ordinanrp Nn. 71. Mr, Annrnnrinfinn The City of Fort Collins Community Development Block Grant (CDBG) Program provided loans and grants to qualified homeowners for housing rehabilitation. In addition, the CDBG Program provided financing for three units of the Corner Church Condominiums. Program income has been received from principal and interest payments and loan and grant payoffs totaling .$61,405. At this time, staff is requesting approval to appropriate these program income monies to be used for emergency rehabilitation. NO The Historic Preservation Office of the Community Development ' Department received a grant in the amount of $1,000 from the National Trust for Historic Preservation. This grant will be used by the Historic Preservation Office to help finance development of an W"E February 4, 1986 21. 22. 23. educational manual on historic preservation. This manual will be ' developed in conjunction with Poudre R-1 School District personnel and will aid in the introduction of historic preservation into the curriculum. This Ordinance appropriates the $1,000 in grant funds for expenditure by the Historic Preservation Office. The Resolution authorizes the City Manager to enter into a contract with RBD Engineering Consultants of Fort Collins for engineering services related to the design and construction of composting facilities to treat Anheuser-Busch sludge and City sludge at Wastewater Plant #2. The total contract amount shall not exceed $367,150. The Resolution authorizes the City Manager to enter into an agreement with the Larimer-Weld Regional Council of Governments for the City's ' participation in a stream flow and quality monitoring program conducted by the U.S. Geological Survey. This is a professional services agreement in the amount of $26,588, as the City's share of a cooperative effort to monitor the Poudre River in conjunction with Kodak Colorado Division, Windsor and Greeley. The 1986 contract with the Humane Society for Larimer County provides continued animal control enforcement and shelter care facilities for the City. The City has contracted for these services since 1982 and has found the Society to be both professional and dedicated in meeting their contractual obligations. The total contract amount for 1986 is $162,713.08. 24. Resolution Opposing Changes in the! Federal Power Marketing Program Congress, in its haste+`.to find ready targets to help balance the federal budget, may be'looking at the federal power marketing program as a way to increase federal revenues. Federal hydroelectric power is currently marketed under two long standing criteria; preference to consumer -owned utilities and rates charged on a cost -based methodology. A substantial portion of the power that the City of Fort ' Collins buys from Platte River comes from this federal source. Any of the several suggested changes to the federal power marketing program could dramatically increase the wholesale cost of power which would -182- 25. February 4, 1986 also increase the retail cost of power to the residents of the City of Fort Collins. This resolution would urge Congress to preserve the fundamental principles under which these hydro projects were developed and under which the contracts for the purchase of this power were made. This Resolution calls upon our State Legislators to continue or reestablish the Lottery Fund Division in the State Treasurers Office, due to sunset in July 1, 1987, and to assure that the lottery profits remain earmarked for parks and recreation purposes. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Item #6. A. 1 B. Item #7. Item #8. Item #9. Item #10. Item #11. Second Readino of Ord in Item #12. -183- February 4, 1986 Item #13. A. a Item #14. Item #15. Item #16. Item #17. No. 77. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #18. Item #19. Item #20. Councilmember Stoner made a motion, seconded by Councilmember Estrada, to adopt and approve all items not• removed from the Consent Calendar. Yeas: Councilmembers Clarke, Estrada; Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. - THE MOTION CARRIED. Resolution Opposing Changes in the Federal Power Marketing Program Adopted Following is the staff's memorandum on this item: I I -184- February 4, 1986 I"Executive Summary Congress, in its haste to find ready targets to help balance the federal budget, may be looking at the federal power marketing program as a way to increase federal revenues. Federal hydroelectric power is currently marketed under two long standing criteria; preference to consumer -owned utilities and rates charged on a cost -based methodology. A substantial portion of the power that the City of Fort Collins buys from Platte River comes from this federal source. Any of the several suggested changes to the federal power marketing program could dramatically increase the wholesale cost of power which would also increase the retail cost of power to the residents of the City of Fort Collins. This resolution would urge Congress to preserve the fundamental principles under which these hydro projects were developed and under which the contracts for the purchase of this power were made. Background Many years ago the federal government undertook the development of dams on the major rivers in the United States. These dams, for the most part, were built to serve multiple purposes; such as, flood control, irrigation', recreation, navigation, and power production. Some parts of the projects had no ability to repay the capital investment or operating expenses made by the federal government and some did. For example, flood control and ' recreation were for the benefit of all the citizens and therefore these costs were borne by the federal government. Power production was required to pay back.to the federal government, over the life of the project, the capital cost plus interest at the cost of money at the time the project was built. In addition, power purchasers are required to pay the irrigation costs associated with the project which exceed the agricultural irrigators' "ability to pay". Municipal and industrial water users are required to pay their total costs for principal, interest, and operating expenses on the project. The federal power is marketed by several Power Marketing agencies of the federal government. In this area, it is the Western Area Power Administration (WAPA) which markets power generated in the Colorado River Basin and parts of the Missouri River Basin. This power is marketed under principles established by the federal government many years ago, but which are still valid today. In fact, many of these principles have been reinforced by Congress on numerous occasions. However, the climate4 is such. in Washington today with the passage of Gramm/Rudman that Congress is' desperately seeking to reduce government expense or increase revenues. This is a formidable task but one that everyone agrees needs to be done'. The problem is that Congress is looking at the federal power program as one way to help, not realizing that this particular program is not costing the government anything. In fact, it ' more than pays for itself and part of the irrigation obligation as well. -185- February 4, 1986 There are currently three proposals to alter the program, all of which ' would raise the cost of power to the citizens of Fort Collins. The three are as follows: 1. Sell off the federal dams to the highest bidder. 2. Increase the interest cost component of the repayment schedule from the cost at the time the project was built to the current interest rates. 3. Sell the power to the highest bidder. The problem with each of these is as follows: If the projects are sold to the highest bidder, it is unlikely that a small organization like Platte River could raise the needed funds to bid against the large private power companies. If private companies purchased these projects, the power would no longer be available to Fort Collins and would have to be replaced with power costing three or four times as much. If somehow in the bidding process Platte River were successful, the debt would have to be financed at current interest rates and and the net effect would still be to raise the cost of power by 300 to 400 percent. We lose either way. If the federal government were to raise the interest rates charged to the ' current interest rates, the result would be the same -- dramatic increases in the cost of this power, contrary to the philosophy of selling the power at cost -based rates. Also this would be contrary to the agreements that were signed to purchase this power in the first place. Auctioning the power to the highest bidder would increase the cost to slightly below the cost of power produced at coal-fired power plants. Again, this would result in large increases since the cost of the hydro power is about one cent per kwh and the cost of coal-fired power is 3.5 to 5.5 cents per kwh. Also, the concept of providing preference to this hydro power by consumer -owned, nonprofit utilities would also be lost. In light of all of the above,. it is imperative that the City of Fort Collins oppose all..of these attempts and the adoption of this Resolution will place the Cify'�:.Council on'record for wanting to preserve these long standing policies which benefit 'a very large segment of the population of the United States. Councilmember Knezovich made a motion, seconded by Councilmember Stoner, to adopt Resolution 86-17. Bruce Lockhart, 2500 East Harmony Road, commented on .the amount of power controlled by the federal government and urged defeat of the Resolution. ' Councilmember Knezovich felt this Resolution was important to the rate payers of the community and urged support for the Resolution. He added the r Bull February 4, 1986 Ifederal government had entered into a contract with the City years ago and should not be allowed to break the contract. He stated such action would cause dramatic rate increases. Councilmember Horak noted that from the rate payers' perspective, it made sense to keep the current deal and urged adoption of the Resolution. The vote on Councilmember Knezovich's motion to adopt Resolution 86-17 was as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Authorizing the City Manager to Enter into an Agreement with the Humane Society for Animal Control Services, Adopted Following is the staff's memorandum on this item: "Executive Summary The 1986 contract with the Humane Society for Larimer County provides continued animal control enforcement and shelter care facilities for the ' City. The City has contracted for these services since 1982 and has found the Society to be both professional and dedicated in meeting their contractual obligations. The total contract amount for 1986 is $162,713.08. Background Basic service, with few modifications, will continue as provided in 1985. 1985 hours of coverage for animal control enforcement were: Saturday and Sunday 8:00 a.m. - 6:00 p.m. Monday thru Friday 6:00 a.m. - 10:30 p.m. Overlap Coverage 10:00 a.m. - 6:30 p.m. Park and Trail Patrol Monday thru Friday 1:00 p.m. - 6:00 p.m. Saturday and Sunday 11:30 a.m. - 7:00 p.m. Several changes have been made in`�the 1986 contract to allow for a slight increase in the level of service`provided -and to clarify the expectations of service. These changes include: - Two additional months, May and September, of park land and trail patrol and enforcement were added. - Definition of types of calls which would constitute emergency after-hours service was included in Section 4 (c). -187- February 4, 1986 ' - Section 6 (d) formalizes the understanding that Society personnel will be responsible for calls regarding livestock and the coordination of wildlife calls with the Division of Wildlife. - The permissible areas of expenditure of excess revenue generated by the sale of City licenses are limited to public education and training of enforcement personnel in Section 10 (c). The total contract amount for 1986 service is $162,713.08. The total expenditure for 1985 amounted to S137,000; however, the 1985 contract with increased service levels was not finalized until July and the Humane Society was paid at the 1984 contract level for the first six months of 1985." Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Resolution 86-16. Councilmember Horak asked about the response time on animal control calls. Police Chief Glasscock replied that the average response time was estimated to be approximately 20 minutes. Margaret Triplett, Executive Director of the Humane Society, the Society's budget $400,000 commented on ' of and their anticipated growth during 1987. Councilmember Knezovich felt the Humane Society had done an admirable job under difficult conditions and expressed the hope that in the future persons who own animals would expect to pay a greater share of the Society's costs through licensing fees. Councilmember Horak felt that owners who allow their dogs to run loose are the users and should be the ones who pay for the Humane Society's services. He added that he felt the contract was not being given enough scrutiny and should be monitored closer. Councilmember Ohlson suggested communication and coordination should be improved between the Society and the Police Department. The vote on Councilmember Clarke's motion to adopt Resolution 86'-16twas as follows: Yeas: Councilmembers Clarke, Estrada'; Knezovich;".Ohlson, Rutstein, and Stoner. Nays: Councilmember Horak. THE MOTION CARRIED. 0:: February 4, 1986 it Resolution Making Appointment to the Planning and Zoning Board, Tabled Until February 18 Following is the staff's memorandum on this item: "A vacancy currently exists on the Planning and Zoning Board due to the resignation of Gary Ross. The Council liaison has conducted interviews and will announce the recommendation at the meeting February 4. In keeping with Council's policy, this Resolution will be tabled until February 18 for public input." Councilmember Clarke made a motion, seconded by Councilmember Horak, to adopt Resolution 85-19 inserting the names of Linda Lang as the regular member, and Bernhard Strom as the alternate member. Councilmember Knezovich made a motion, seconded by Councilmember Estrada, to table Resolution 85-19 until February 18. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. I Consider Application for Pawn Shop License from Walnut Street Trader, Application Approved Following is the staff's memorandum on this item: "Executive Summary The City Clerk's office has received an application from Gary M. Kamerzell and Gordon Nutter dba Walnut Street Trader, 204 Walnut Street for a pawn shop license. The applicant has submitted the license application fee of $55 and a surety bond in the amount of $2,500. The two owners of the business have submitted individual history statements to the Police Department, and a background investigation has been completed by the Investigations Division. Background Pawn shop licenses are issued by the City Clerk after approval by the City Council upon recommendation df` the Chief of Police. The Code states as follows: "No license shall be approved unless the City Council, after investigation, shall have found that the applicant possesses financial responsibility, character and general fitness so as to command the confidence of the public and to warrant belief that the business will be operated lawfully, honestly, fairly and efficiently for•the purpose of this ' Article." ffm February 4, 1986 The Police report concerning applicants Gary Kamerzell and Gordon Nutter has been forwarded to Council under separate cover. Council needs to review the Police Department report and hear any presentation the applicant wishes to make regarding the pawn shop application, and determine whether the license should be granted to Walnut Street Trader at 204 Walnut Street." Councilmember Ohlson noted the information provided to Council by staff expressed concern about two incidents occurring at the Walnut Street Trader. These concerned a diamond ring and ladder and occurred while operating under a second-hand dealer's license. Gary Kamerzell, Walnut Street Trader, explained the circumstances of the two incidents and noted he now understood all the regulations and reporting requirements relative to this type of business. He stated that at the time of the incidents he had been very new to the business and now was complying fully with the requirements. He explained the differences between a pawn broker's license and a second-hand dealer's license and noted he was working closely with the Police Department to determine if suspicious items were actually stolen items. Councilmember Ohlson made a motion, seconded by Councilmember Knezovich, to approve the application for a pawn broker's license for Gary Kamerzell and I Gordon Nutter, dba the Walnut Street Trader. Councilmember Ohlson noted he would support the motion but cautioned the applicants to pay particular attention to recordkeeping requirements in the future. The vote on Councilmember Ohlson's motion to approve the pawn broker's license for the Walnut Street Trader was as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Citiien Participation A. Proclamation Naming February as American History Month was accepted by Barbara Phipps, Regent of the C-L-P Chapter DAR. B. Proclamation Naming the Week of February Was the Kick Off Week of Community Safety Belt Program was accepted by Lynn McConkey, Risk Manager for the City of Fort Collins. C. Proclamation Naming February 28, 1986 as TRIO Day was accepted by Geri and ?Paul Thayer, CSU Aragon, CSU, Jan Borella, Rocky Mountain High, Director of Upward Bound. I -190- February 4, 1986 �.� Jean Dixon, 416 South Loomis, opposed the postponement of action on a hazardous materials transportation ordinance at the local level and asked for passage of such an ordinance. Jim Creeden, 1917 South Shields #03, expressed concerns about the conduct and competency of the Fort Collins Police Department and asked Council to direct Police Chief Bruce Glasscock to uphold the oath of his sworn office and the oaths of his entire department. He suggested complaints were not being handled in a timely fashion and expressed concern that a brochure describing the complaint procedures was not available. He noted he intended to file charges against the Police Department and asked that the charges be followed up on and not white -washed. Mayor Rutstein pointed out that the Police Chief was not hired or fired by the City Council and that she would refer this dispute to the City Manager for further review and investigation. She noted the Human Relations Commission hears complaints against the Police Department from citizens and asked staff to make that information available to Mr. Creeden. John Messineo, 137 North Bryan, asked about the running of the trolley on the past Sunday. He asked what parts of the trolley contracts were being enforced. He suggested the trolley contract had been violated by the running of the trolley and by the lack of the filing of the annual report by the Society. He asked that the operating agreement be declared in ' default. Carol Osborne, Public Works Administrator, stated the Society had been given verbal permission to operate the trolley in preparation for a demonstration run in connection with the current court case. Wally and Francis Bujack, 512 Cook, presented petitions containing the signatures of 1,030 persons who are against the removal of the cannon from City Park. They asked for reconsideration of the decision to move the cannon. Mayor Rutstein asked staff to meet with the Bujacks and other interested parties to review and evaluate the cannon situation. Councilmember Estrada suggested a plaque commemorating the veterans of previous wars be placed on the cannon but not necessarily at that location. He suggested staff investigate the possibility of upgrading the memorial. Kathy Jones, business owner at 127 South College, asked for the adoption of an ordinance relating to the transportation of hazardous materials. Ted Oakes, 429 South Whitcomb,,, expressed support for leaving the cannon at its current location. ' Ken Goldsberry, 2310 Moffitt Drive, read ailetter from the Colorado Pioneer Association expressing support for leaving the cannon in place. -191- February 4, 1986 Jim Woodward, 400 South Grant, expressed support for the adoption of an ordinance regulating the transportation of hazardous materials. Staff was directed to complete the staff work on the ordinance and to schedule the ordinance for February 18, if possible. Ordinance Amending Chapter 99 of the Code of the City of Fort Collins Concerning Street Oversizing Payment, Tabled Indefinitely Following is the staff's memorandum on this item: "Executive Summary This ordinance amends Section 99-6(F) of the Code of the City of Fort Collins which establishes the requirement for the City to pay for certain street oversizing expenses. The ordinance limits the City's obligation to pay for oversizing to budgeted monies in the Street Oversizing Fund. Background The ordinances of the City of Fort Collins require the developer to ' complete certain streets to collector and arterial standards. For that portion of the street which exceeds the requirements for a residential street, the City is to repay the developer for such costs. The Code currently provides that the oversizing costs are to be paid by the City out of general revenues or the Street Oversizing Fund. Presently, the City has insufficient revenues in the Street Oversizing Fund for all anticipated oversizing expenditures and the General Fund cannot be obligated except by a specific appropriation for the expenditure which is to be made. Presently, developers are required to sign subdivision improvement agreements which establish and set the amount for the cost of construction of collector or arterial streets in which the City is to participate. These subdivision agreements now provide that the City's obligation for payment is limited to those funds then budgeted, appropriated and made available for the project to be constructed. The purpose of the amendment is to conform the ordinances of the City to the present practice which is established by the subdivision agreement. The important change in the`ordinance'would provide that the cost to the City will be paid out of tK6,` Street • Oversizing Fund and when payment is requested, the City's obligation to make payment shall be limited to those funds then budgeted, appropriated and made available for the project for which reimbursement is requested. The staff is evaluating the street design standards and the policies concerning City participation in collector and arterial street construction , costs. Recommendations to the Council regarding these standards and policies will be coming shortly, however, staff considers. that it is -192- 11 February 4, 1986 important to have the proposed ordinance adopted at this time so as to clarify the position taken that the City's obligation to pay is limited to funds then budgeted, appropriated and available." Councilmember Ohlson made a motion, seconded by Councilmember Estrada, to adopt Ordinance No. 23, 1986 on First Reading. Bob Zakely, Everitt Companies, expressed the concern of the development community. He stated they wanted to solve the problem in a long range manner and asked that the ordinance be tabled. Bill Bartran, Bartran Homes, objected to the late notice of this ordinance's consideration and asked that it be tabled. Randy Funke, Denver attorney, expressed concern over the process and encouraged Council to keep a balance between development and City fiscal soundness. Melvin Johnson, 1600 Linden Lake Road, asked if street oversizing funds have been used for projects other than those where the City and the developer have had a specific participation agreement. Interim City Manager Shannon replied that the median work on East Mountain was the only project that came to mind. Mr. Johnson stated that he felt that pay for itself" costs of improvements from age, obsolescence, and changes against new development. under the guise of "let development to infrastructure deficiencies caused in use standards have been charged Councilmember Horak made a motion, seconded by Councilmember Stoner, to table Ordinance No. 23, 1986 indefinitely on First Reading. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, and Stoner. Nays: Mayor Rutstein. THE MOTION CARRIED. Items Relating to the Creation and Financing of Harmony Trunk Sanitary Sewer Special Improvement District No. 60. Following is the staff's memorandum on this item: "Executive Summary A. Resolution accepting the petition;, declaring, a need for the improvements and directing the Public 'Works Administrator, or Designated Representatives, to prepare plans, estimated. costs, and a map of the proposed district. -193- February 4, 1986 B. Resolution accepting the report of the costs, assessment method and plans for the Harmony Trunk Sanitary Sewer Special Improvement District No. 60. Background The City was notified of the desire on the part of the principal petitioner to consider a gravity trunk sanitary sewer line in the southeast quadrant as long ago as the fall of 1980. Due to the slow -down in home building in 1982 and 1983 and the complication of forming a SID to finance this venture outside the UGA, the petitioner did not revive this district until January, 1985. In order for this project'to be considered as a City -sponsored SID it needed to be within the City limits. This required a revision to the Urban Growth Area as well as annexation to the City. These actions were approved by the City's Planning and Zoning Board and City Council and the County Commissioners and Planning Commission. The final action, the annexation and zoning will be heard by Council on February 4, 1986. The proposed district is located south of Harmony Road and east of Lemay Avenue. It extends to Minor Road (County Road 9) eastward and to the McClelland Creek (approximately) southward. The trunk line will attach to an extension of a line which now terminates at the northwest corner of the Hewlett-Packard site. The existing line will be extended from the northwest corner of Hewlett-Packard to the southwest corner of Hewlett-Packard by the City and Hewlett-Packard jointly where this proposed district will connect. ' FUNDING The estimated total cost of construction and engineering for the district is $945,200. The City's cost for extending the existing line and pipe size oversizing is $320,500, leaving a balance of $660,900 to be assessed through the district. The City's estimated cost, $320,500, is appropriated under Capital Projects for 1986. ASSESSMENTS The property owners within the district will be assessed on the basis of each property's estimated average daily flow (ADF) in relation to the total estimated ADF from all of the participating petitioners. Other properties within the sewer service`.area will be permitted to use the sewer through separate agreements with'_the petitioners. This sanitary 'sewer is needed to serve a fast developing area within the City which could not be served by the south Fort Collins Sanitary District economically since they can not serve the area by a gravity line, and lift stations are costly to operate and maintain. -194- February 4, 1986 IRECOMMENDATION The petitioners have met the City's requirements for the formation of a special improvement district. Therefore, staff recommends adoption of the resolutions." Councilmember Stoner made a motion, seconded by Councilmember Knezovich, to adopt Resolution 86-21. Councilmember Ohlson questioned the need for this type of a SID and stated he felt the City was becoming a financing tool for development without any justification. Interim City Manager Shannon replied that it was not the same analogy for a street improvement district. The public policy question is whether the City wants to lend this financing tool in an attempt to reduce the overall cost of development anywhere in the City. Councilmember Ohlson expressed concern that this tool might only be available to larger developers. Bob Zakely, Everitt Companies, pointed out the benefits and advantages the City would derive from the formation of this district. ' The vote on Councilmember Stoner's motion to adopt Resolution 86-21 was as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Rutstein, and Stoner. Nays: Councilmember Ohlson. THE MOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Resolution 86-22. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Accepting the Petition, Declaring a Need for the Improvements and Directing the.Public Works Administrator'!or'Designated Representative, to Prepare Plans, Estimated Costs and a Map of the Proposed Arbor Plaza Special Improvement District No 88 Adopted Following is the staff's memorandum on this item: "Executive Summary ' The proposed Arbor Plaza Special Improvement District No. 88 provides improvements to Harmony Road and College Avenue, bringing them to major arterial standards adjacent to Arbor Plaza PUD and extends Mason Street -195- February 4, 1986 from its present terminus at Kensington Drive to Harmony Road and continuing through Arbor Plaza PUD to College Avenue. Water, sanitary sewer and storm sewers within and adjacent to these streets are included in the proposed district. Background Arbor Plaza P.U.D. was approved by the Planning and Zoning Board on January 27, 1986. The proposed Arbor Plaza SID #88 contains improvements within and adjacent to the Arbor Plaza P.U.D. The proposed Arbor Plaza Special Improvement District No. 88 is located, generally, at the southwest corner of Harmony Road and College Avenue. The proposed improvements include streets (including curb, gutter, sidewalk, landscaped streetscapes and medians, asphalt wearing surface, gravel base and grading), traffic signals, water distribution system, sanitary sewer distribution system, and storm drainage. Street improvements involve Harmony Road, Mason Street and College Avenue. FUNDING: We are aware that street oversizing improvements will be made within this SID; however, the developer has been informed (see letter attached) that the Street Oversizing Fund does not have monies available for this project. The developer has informed us that he wants to proceed with the project knowing that he will have to pay the oversizing costs at this time. The improvements proposed are necessary for the development of the Arbor Plaza PUD. The extension of Mason Street to Harmony is needed at this time to allow the additional traffic an alternative to using the congested Troutman -College intersection. Improvements to Harmony west of College will help to relieve a congestion problem during the A.M. peak hour. Since the developer has agreed to pay the oversizing costs at this time, staff feels the proposed district meets the City's criteria for establishment of a Special Improvement District and, therefore, recommends adoption of the resolution." Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to adopt Resolution 86-20. Randy Funke, attorney representing the developer, encouraged support of the Resolution and pointed out how ihe`'iextension of Mason Street and the improvement to Harmony Road would•benefit the City. The vote on Councilmember Ohlson's motion to adopt Resolution 86-20 was as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Rutstein, and Stoner. Nays: Councilmember Ohlson. THE MOTION CARRIED. 1 �I 196 -- February 4, 1986 Ordinances Relating to the Creation and Financing of South Lemay Special Improvement District No. 86, Adopted on Second Reading Following is the staff's memorandum on this item: "A. Second Reading of Ordinance No. 6, 1986, Relating to the Creation of South Lemay Special Improvement District No. 86. Second Reading of Ordinance No. 7, 1986, Appropriating Funds to Pay the Required City Street Oversizing Costs for SID No. 86. These Ordinances were adopted on First Reading on January 21 by a 6-0 vote. This proposed SID is located on Lemay Avenue from County Road 32 (Windsor Road) north to the existing improved Lemay Avenue at SouthRidge Greens Golf Course a distance of 9,835 feet (1.86 miles). This District was proposed as a companion District to the Provincetowne/Portner SID No. 81 which was established on October 30, 1984. Provincetowne/Portner SID improved Trilby and internal streets and SID No. 86 will improve South Lemay. The Lemay District is comprised of three properties, two of which are also found in the Provincetowne/Portner SID." Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 6, 1986 on Second Reading. Councilmembers Horak and Ohlson spoke against the ordinance because of the distance the improvements are from the heart of Fort Collins and because of the low density in the area. They felt the expenditure of funds was not warranted at this time. Councilmembers Clarke and Stoner stated the developers had followed the rules and guidelines and it would not be fair to pull the rug out from under them after 1 1/2 years of negotiation. The vote on Councilmember Clarke's motion to adopt Ordinance No. 6, 1986 on Second Reading was as follows: Yeas: Councilmembers Clarke, Estrada, Knezovich, Rutstein, and Stoner. Nays: Councilmembers Horak and Ohlson. THE MOTION CARRIED. Councilmember Stoner made a motion, seconded by adopt Ordinance No. 7, 1986 on Second Reading. Clarke, Estrada, Rutstein, and Stoner. Nays: Knezovich, and Ohlson. THE MOTION CARRIED. Councilmember Clarke, to Yeas: Councilmembers Councilmembers Horak, -197- February 4, 1986 Ordinance Appropriating Unanticipated ' Revenue in the Community Development Block Grant Fund. Adopted on First Reading Following is the staff's memorandum on this item: "Executive Summary The City of Fort Collins Community Development Block Grant (CDBG) Program provided loans and grants to qualified homeowners for housing rehabilitation. In addition, the CDBG Program provided financing for three units of the Corner Church Condominiums. Program income has been received from principal and interest payments and loan and grant payoffs totaling $61,405. At this time, staff is requesting approval to appropriate these program income monies to be used for emergency rehabilitation. Background The City of Fort Collins has participated in the Department of Housing and Urban Development's Community Development Block Grant (CDBG) Program since 1975. Over the years one of the primary focuses of the City's CDBG efforts has been in the area of housing rehabilitation. Since 1975 the City has allocated and/or presented grants and low -interest loans totaling $2,153,249.50 to qualified homeowners for the purposes of rehabilitating 184 houses. , As of December 31, 1985, the City has loan receivables from the CDBG Program totaling $462,436.19. The total breaks down to 42 low -interest housing rehabilitation loans totaling $331,260.34 including the 3 Corner Church Condominium loans in the amount of $131,175.85. The majority of these housing rehabilitation loans are for 20 years and will provide CDBG Program Income for the City through the year 2005. The Corner Church Condominium loans are for 30 years, and since they are not assumable would be paid off at time of sale, or if not sold, will provide CDBG Program Income through the year 2012. The average annual amount of loan repayments is approximately $32,000. The City also has 80 housing rehabilitation grants outstanding in the amount of $733,343. These are forgivable loans, reduced 20% per year. These grants are required to be repaid in the event of the sale of the property. All grants will be released by December, 1990. Due to a large°;�amount of, loan and grant payoffs in the last few months, the CDBG Program has received'$61,405 in program income. U.S. Department of Treasury regulations on withdrawal of cash from the Treasury for advances under Federal Programs requires that program income be disbursed prior to making additional draws from the Letter of Credit to finance approved community development activities. It has been City policy to use program income for housing related projects, thus staff is requesting approval to ' appropriate these program income monies for allocation to the Emergency Rehabilitation Program which typically experiences greater activity in winter months. If the CDBG program is eventually cut by federal budgetary IM February 4, 1986 actions, program income from loan paybacks will still be received by the City for continuation of housing programs or projects developed by the City at that time." Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 21, 1986 on First Reading. Councilmember Knezovich asked if HUD regulations required these' funds to be reprogrammed in the current year or if they might be held over to the upcoming year beginning October 1. Interim City Manager Shannon replied that both could be done but the monies needed to be appropriated in a fund called emergency housing assistance. He noted it was not expected that all the money would be expended in 1986 thus the balance would be available going into the next fiscal year. The vote on Councilmember Ohlson's motion to adopt Ordinance No. 21, 1986 on First Reading was as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Authorizing Award of an ' Engineering Services Contract to RBD, Inc. for Sludge Composting Project Adopted Following is the staff's memorandum on this item: "Executive Summary The Resolution authorizes the City Manager to enter into a contract with RBD Engineering Consultants of Fort Collins for engineering services related to the design and construction of composting facilities to treat Anheuser-Busch sludge and City sludge at Wastewater Plant #2. The total contract amount shall not exceed $367,150. Background The Anheuser-Busch Master Agreement requires the City to be prepared to treat brewery wastewater by February 1988. Staff researched and evaluated several different alternatives for using or disposing of sludge from the brewery wastewater and concluded, with the concurrence of Anheuser-Busch, that composting .is the best sludge disposal alternative. Treatment of the Anheuser-Busch wastewater will result in approximately 3.6 dry tons per day of sludge: The City intends to oversize this facility by approximately 2.4 dry tons per day for a total of approximately six dry tons in order to accommodate composting of some City sludge. This will supplement the sludge handling capacity of the Resource Recovery Farm and will produce a ' marketable compost. Cl�� February 4, 1986 The request for proposals for consulting services was issued in October and the proposals of four firms were evaluated. The selection committee recommended award of the contract to RBD, Inc. Staff proposes to award the entire contract for conceptual design, final design, bidding services, construction administration, and resident engineering, to RBD assuming satisfactory performance during the initial phases. In the past, the design phase and construction phase of contracts have been submitted separately. In response to Council's request, the entire contract is being submitted as a package. Costs for each phase of the project are as follows: Conceptual design: $ 18,150 Final Design: 140,000 Bidding Services: 10,000 Construction Administration: 61,000 Resident Engineering: 138,000 Total: 367,150 The sludge composting facility will be oversized to accommodate City sludge. Therefore, 70% of the contract amount attributable to Anheuser-Busch wastes will be funded from the supplemental user fees and the base formula calculation. The remaining 30% will be funded from the Sewer Capital Improvements Fund. The funds for this project are budgeted I and available." Councilmember Stoner made a motion, seconded by Councilmember Estrada, to adopt Resolution 86-14. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. City Manager's Report Interim City Manager Shannon reminded Council that the public forum held by the Economic Development Task Force was scheduled for Thursday night. Councilmembers' Reports Councilmember Horak asked about,the Cfty'.s policy on snow dumping in parks. He questioned whether there was a fair distribution around the City. Interim City Manager Shannon noted there were 19 storm drainage catch basins or undeveloped parks that are used for snow dumping. Councilmember Horak noted he was elected COG chairperson for 1986. ' Councilmember Knezovich commented on the effects '-of the Gramm -Rudman - Hollings bill. -200- February 4, 1986 ' Councilmember Clarke reported on the vote on the amended version of the smoking bill, noting it had passed in the Senate and would be moving to the House. Mayor Rutstein congratulated Councilmember Horak on his election as COG chairperson. Other Business Mayor Rutstein noted the Council reorganization typically comes up in March and asked Councilmembers their preference of either March 4 or March 18. Consensus was that the reorganization should take place March 4. Resignation of John Clarke Councilmember Clarke read a statement announcing his immediate resignation from his at -large Council seat citing the toll his Council involvement was taking on his family and business as the reason. Councilmembers expressed sadness, but understanding, respect and support for Councilmember Clarke's decision and thanked him for his years of dedicated Council service. Adjournment Councilmember Horak made a motion, seconded by Councilmember Ohlson, to adjourn the meeting to 7:00 p.m. on February 11 to discuss the process for selecting a replacement for John Clarke. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 11:15 p.m. ATTEST: 1i "hs 'S ".. Cy Clerk k3 -201-