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HomeMy WebLinkAboutMINUTES-07/01/1986-Regular' July 1, 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, July 1, 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 Council - members: Estrada, Liebler, Ohlson, Rutstein, and Stoner. (Councilmember Horak arrived at approximately 6:45 p.m.) Staff Members Present: Burkett, Huisjen, Krajicek Agenda Review: City Manager City Manager Burkett stated that there was an addition to the hazardous materials ordinance dealing with inclement weather. He also noted that there was a change in the street oversizing ordinance and that a copy of the new version was in Council's materials for tonight's meeting. City Manager Burkett added that there would be an item regarding insurance at the Airport under Other Business. Terry Foppe, 622 Whedbee, requested that Item #7, Resolution 86-108 Authorizing the Execution of a Consulting Agreement for Franchise Negotiations with Public Services Company of Colorado, 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 #14 and #26, 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. 4. -402- July 1, 1986 5. Q 7. LJ Hearing and First Reading of Ordinance No. 90, 1986, Consenting to the ' Inclusion in a County Special Improvement District of Those Portions of County Road 32 (Windsor Road) Improvements Which Lie Within the City Limits. Larimer County (Windsor Road) State Statutes Ordinance to the City limits. is proposing roadway improvements to County Road 32 through a County Special Improvement District. The require that the City of Fort Collins consent by construction of the improvements which lie within the Passage of this Ordinance does not obligate the City to participate in any of the costs of street improvements within the district. Upon receiving this consent, Larimer County will begin the formal process to create the County Road 32 Special Improvement District to finance the costs of the improvements. The Greenbriar Subdivision neighborhood park site is included in the Greenbriar Special Improvement District No. 87. Funding in the amount of $156,763 has been appropriated in the Parkland Fund for street improvements adjacent to the park site which will be constructed as part of the District. This ordinance provides for the transfer of $156,763 from the Parkland Fund to the Capital Projects Fund. Since at least 1947, the City's gas franchise with the Public Service Company of Colorado has been approved by the voters for a term of twenty years. Accordingly, in 1967, a new franchise agreement was approved by the voters. This Franchise Agreement will expire in 1987. In order to afford the City an opportunity to negotiate acceptable terms for a new franchise to continue gas service to the citizens of the City upon the expiration of the present Franchise in October of 1987, it is necessary to begin negotiations with the Public Service Company as soon as possible. The purpose of the proposed resolution is to assist in obtaining an exclusion order from the District Court of Larimer County excluding certain territories in the southern and western sectors of the City from the Fort Collins -Loveland Water District. -403- July 1, 1986 a 10. The Resolution authorizes the City Manager to enter into an agreement with the Geological Survey, United States Department of the Interior (U.S.G.S.) for the purpose of conducting a chemical - flow water quality monitoring program on Spring Creek. This is a cooperative effort under which the City and the U.S.G.S. each provide $12,300 for the study. Transfort is seeking a grant in the amount of $383,915 from Section 9 of the Urban Mass Transportation Act of 1964, as amended, to provide operating assistance for Calendar Year 1986 for Transfort and Care -A -Van; and capital purchase of two bus passenger shelters, including freight and installation charges. On May 20, 1986, Council adopted Resolution 86-83 pertaining to the grant. However, the Resolution failed to include certain provisions ' required by the Urban Mass Transportation Administration (UMTA). Those provisions include assurances of adhering to Title VI/Civil Rights Act of 1964, and specifically addressing the issue of minority business and women -owned business purchasing policies relating to this project. UMTA has -requested that the proposed Resolution format be adopted as a condition of processing the grant application. Resolution 86-111 repeals the May 20 Resolution and contains the provisions required by UMTA. 11. Resolution 86-104 Making an Appointment to the Downtown Development Authority. 12. A vacancy currently exists on the Downtown Development Authority due to the appointment of Barbara Liebler to City Council. In keeping with Council's policy, the recommendation for appointment was announced on June 17. The appointment was tabled to July 1 to allow additional time for public input. The prospective appointee is Jeanne Abdelnour. On May 19, 1986, the Planning and Zoning`Board approved the request of Neighbor -to -Neighbor for a one lot subdivision, on .38 acres for a single family residence located at 729 Lindenmeier Lake Road, zoned R-L, Low Density Residential. -404- July 1, 1986 The Board's 7-0 approval was granted subject to the condition the ' applicant complete the on -site street improvements, or place sufficient funds in escrow, or agree to do the improvements at a future date when required by the City. The applicant requested that staff and the Board (at the hearing) waive the requirement for on -site street improvements. This item was advertised for July 1. Staff is now asking that the appeal be continued to July 15. The appellant concurs. 13. Routine Deeds and Easements. The following are routine deeds and easements: a. Powerline easement from Linden Partners to provide electric service in Old Town (Consideration: $1). b. Deed from Anheuser-Busch, Inc. for strips of property abutting County County Road 52 for perimeter roads project (Consideration: $10). c. Agreements for purchase of easements for Trend -Cedar Village Outfall. ' 1. Easement agreement with Roger and Susan Tree (Consideration: $10). 2. Easement agreement with Vincent and Marlene Shryack (Consideration: $10,300). d. Deed from Everitt Development, Inc. for detention pond in Parkwood East Second Filing (Consideration: $10) Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Item #6. Councilmember Estrada made a motion, seconded by: Councilmember Stoner, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Estrada, Liebler, Ohlson, Rutstein, -and Stoner. Nays: None. THE MOTION CARRIED. I -405- July 1, 1986 Resolution 86-108 Authorizing the Execution of a Consulting Agreement for Franchise Negotiations with Public Service Company of Colorado Adopted Following is staff's memorandum on this item: "Executive Summary Since at least 1947, the City's gas franchise with the Public Service Company of Colorado has been approved by the voters for a term of twenty years. Accordingly, in 1967, a new franchise agreement was approved by the voters. This Franchise Agreement will expire in 1987. In order to afford the City an opportunity to negotiate acceptable terms for a new franchise to continue gas service to the citizens of the City upon the expiration of the present Franchise in October of 1987, it is necessary to begin negotiations with the Public Service Company as soon as possible. Background During the past twenty years, many changes have occurred with regard to public utility law and practices and also with regard to the City of Fort Collins and the Public Service Company of Colorado. Public utility ' franchise negotiations often involve complex issues which can best be dealt with by those who specialize in such matters. Leonard M. Campbell, of the Denver law firm of Gorsuch, Kirgis, Campbell, Walker and Grover has an excellent reputation with regard to public utility franchise matters in the State of Colorado. Some time ago, Mr. Campbell offered the services of his firm with regard to the City's negotiation of a new franchise agreement with the Public Service Company of Colorado, which franchise agreement should go to the voters at the next regular municipal election in March of 1987 or a later special election called before the expiration of the Franchise. An agreement has been presented which would enable the City to obtain the expertise of Mr. Campbell and his firm on a "pay as you go" basis with a maximum sum not to exceed $20,000 without the prior approval of the City. The agreement further provides that the City may terminate the services of the firm at any time upon notification in writing with payment only for the services performed by the firm to the date of termination. Staff recommends adoption of this Resolution." Terry Foppe, 622 Whedbee, suggested that the Resolution provide that the negotiations be completed by January 1 so that this item could be on the March, 1987 ballot. City Attorney Huisjen stated an, attempts could be made to finish the negotiations by January 1, but noted thati,it is difficult to require ' negotiations to be finished within a certain period of time. -406- July 1, 1986 Councilmember Rutstein made a motion, seconded by Councilmember Liebler, to ' adopt Resolution 86-108. Yeas: Councilmembers Estrada, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. (Secretary's Note: Councilmember Horak arrived at this point.) Ordinance No. 94, 1986. Providing for the Reorganization of City Administration, Adopted as Amended on First Reading Following is staff's memorandum on this item: "Executive Summar The proposed Ordinance provides for the repeal of various sections of the Code of the City of Fort Collins concerning the organization of City government. The Code sections which are repealed are replaced by other provisions (Sections 13, 14, 15, 16) which provide for a basic management structure under which are departments, divisions, and offices which are established by the Charter or otherwise created and assigned by the City Manager. These changes will eliminate longstanding inconsistencies with ' the City Code and bring the City Code into compliance with Charter provisions and the new organizational structure. Background The Charter of the City of Fort Collins provides for various departments and directors of departments who are to report directly to the City Manager. Those departments are Finance, Municipal Public Utilities, Parks and Recreation, Public Works, Purchases, Police, and Fire. The Charter of the City of Fort Collins at Article II, Section 5 provides that the Council shall have the power to, by ordinance, create, change, consolidate and abolish offices, departments or agencies, whether created by the Charter or otherwise, and to assign functions and duties of the same to other offices, departments or agencies; provided that the functions established in the Charter for any department shall not be abolished. The purpose of this ordinance is to repeal various sections of the Code which provided for an organizational structure with several departments and department heads reporting either to the,, -City Managerlor to a Department of General Administrative Services and sub`stitutingj4therefor a management structure which provides that the Police and Fires Departments and the Offices of Administrative Services, Leisure Services, Development Services and Utility Services shall be under the direction and the control of the City Manager." City Manager Burkett summarized the changes in the City organization that he has implemented and explained that this Ordinance updates the Code to -407- July 1, 1986 reflect the current organization of the City and brings the Code into compliance with the Charter. Councilmember Rutstein made a motion, seconded by Councilmember Liebler, to adopt Ordinance No. 94, 1986 substituting on page 2, Section 14 the words "Cultural, Library and Recreational Services" in place of "Leisure Services". Councilmember Rutstein stated she was uncomfortable with the term "leisure" and felt Cultural, Library and Recreational Services would be more appropriate. Councilmember Stoner asked City Manager Burkett what kind of feedback he had received on the reorganization. City Manager Burkett replied that he received feedback throughout the process which was part of the decision -making process. Councilmember Stoner asked City Manager Burkett about the expertise and abilities of the individuals who would be managing the new departments. City Manager Burkett stated there were several key areas: working with the City Manager to support Council, providing staff research, policy advice to the Council; working as part of the top management team in strategic planning and problem solving; and intergovernmental relations and community involvement. Barbara Allison, 1212 Lynnwood Drive, spoke about Rich Shannon's appointment as Director of Utility Services, stating the Code currently requires a minimum of six years experience in municipal utility services. Mayor Ohlson stated that the Ordinance being considered this evening repeals Chapter 11 of the Code which deals with that requirement. City Manager Burkett explained that for many years the City organization has been inconsistent with the Code and that this Ordinance brings the Code into agreement with the current structure. Councilmember Stoner pointed out that Mr. Shannon and the other Department Heads will act in an administrative manner, while each division head will have the expertise in their given area. Councilmember Estrada agreed with Councilmember Stoner and commended City Manager Burkett on his proactive approach to making City government more efficient. Councilmember Rutstein added that she feels this reorganization will have a clearer direction of where the Cityis going.. Mayor Ohlson supported the reorganization and -commended the City Manager on the speed and the degree of the reorganization. M July 1, 1986 The vote on Councilmember Rutstein's motion to adopt Ordinance No. 94, 1986 ' on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance No. 95, 1986, Revising Section 112-118 of the Code by Deleting Paragraph K., Schedule M: Municipal Streetlighting. Adopted on First Reading Following is staff's memorandum on this item: "Executive Summary Deletion of Section 112-118 Schedule M, Municipal Streetlighting, from the Code of Ordinances will have the effect of allowing the Light and Power Utility to assume the operating and maintenance cost of the municipal streetlighting system. Background On June 10, 1986, City Council was presented with a proposal that the fiscal responsibility for the operation and maintenance of the streetlighting system be transferred from the General Fund to the Light and Power Utility. Council directed that an Ordinance be prepared for its consideration allowing that transfer. Projected Streetlighting Cost: 1986 - $702,940 1987 - $734,346 1988 - $767,228 1989 - $801,655 1990 - $837,440 1991 - $875,440 Total six year cost = $4,719,310 The transfer of the financial responsibility for street lighting to the Light and Power Fund is supported for the following reasons: A. Article IX, Section 2 (B) of the Charter states that the Electric Utility is responsible for "the designing, construction, reconstruction, addition, repair, replacement, maintenance, supervision and operation of the waters and Eight plants ... and street lighting system and equipment." Thus' the change would bring us more fully in compliance with the Charter. If the City were served by an investor owned electric utility (such as Public Service Company of Colorado) the City would collect taxes from that company. When municipalities such as Fort Collins Jchoose to own and operate their electric utility, they make similar ;payments to the -409- July 1, 1986 11 General Fund. Those payments can be direct (taxes, payment - if -taxes, and transfers to the General Fund) and indirect (street lighting, traffic signals and electricity from municipal buildings). These payments average between 4.5 to 8 percent for cities along the Front Range. Fort Collins payments -in -lieu -of -taxes have represented about 5 percent of operating revenues in past years. The transfer of street lighting payments to the Light and Power Fund would increase this to about 7 percent. This would bring Fort Collins more in line with other comparable public utilities when we look at both the actual payment - in -lieu -of -taxes and the responsibility for street lighting as shown below: Street Lighting Cost Other PILOTs Fort Collins 100% General Fund 5% of Oper. Revenue Loveland 100% Utility 6% of Oper. Revenue Longmont 100% Utility 5% of Oper. Revenue Estes Park Energy & Dist. - General Fund 0 & M - Utility 4.5% of Oper. Revenue Colorado Springs 100% General Fund 8% of Oper. Revenue (inside City only) Nationally, it is estimated that public utilities pay for street lighting costs approximately 50 percent of the time. The electric utilities strong financial position allows these costs to be assumed with no increase in electric rates or fees. Further, the Utility can assume these costs and still preserve Council's objective of reserving at least $5.9 million through 1991 to partially offset potential purchase power cost increases dictated by Federal action." Director of Utility Services Rich Shannon briefed Council on the proposed change and the reasons for making this change at this time. Councilmember Estrada made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 95, 1986 on First Reading. Bruce Lockhart, 2500 East Harmony Road, stated he felt street lighting should be paid out of sales tax revenues rather than utility rates. Barbara Allison, 1212 Lynnwood Drive, opposed any increase in the fees in lieu of taxes. City Manager Burkett pointed'.out that utility rates would not increase due to this change. Councilmember Rutstein supported the Ordinance because it does not involve a rate increase and will help the General Fund. -410- July 1, 1986 Councilmember Liebler stated she felt this is an equitable way to distribute the cost of street lighting. Councilmember Horak expressed concern about the equitability of this change. The vote on Councilmember Estrada's motion to adopt Ordinance No. 95, 1986 on First Reading was as follows: Yeas: Councilmembers Estrada, Liebler, Rutstein, and Stoner. Nays: Councilmembers Horak and Ohlson. THE MOTION CARRIED. Resolution 86-112 Appointing a Charter Review Committee and Directing the Scope of the Charter Review, Adopted Following is staff's memorandum on this item: "Executive Summary On May 6, Council adopted Resolution 86-81 creating an 11-member Charter Review Committee and appointing a Subcommittee of three Councilmembers to serve as ex-officio non -voting members of the Committee in an advisory capacity. Council discussed the scope of the Charter review at a meeting held on May 27. This Resolution makes appointments to the Committee and defines issues on which the Committee will focus its review, sets a timeframe for making recommendations to Council, and establishes guidelines concerning staffing and the meeting schedule of the Committee. There were 37 applications submitted for the 11-member Committee. Those 37 applications are available for review in the City Clerk's office. Council will announce the names of the recommended Committee members and, in keeping with current policy, the Resolution will be tabled to July 15 for public input. Background The Resolution establishes guidelines for the scope of the review to be undertaken by the Charter Review Committee and directs the Committee to focus its review on specific Charter issues including: o housekeeping issues presented by City staff o direct election of the Mayor o Council compensation o nomination and election of Councilmembers by dis't'rlcts. o open government/definition of Executive Sessions o Run -Off election provisions (the 40% percentage requirements in particular) o the Council vacancy procedure (30 day appointment requirement) -411- July 1, 1986 ' o the role of the Mayor with respect to the Council and the City Manager o other issues as defined by the City Council, the Council Subcommittee, or a majority of the Committee. To meet deadlines concerning the placement of Charter amendments on the March 3, 1987 municipal election ballot, the Committee is requested to present its preliminary recommendations to the Council Subcommittee and the Council no later than September 1 and to submit a final written report by October 17. The recommendations of the Committee would then be presented for Council discussion at a work session tentatively scheduled for October 28. (There will be no work session on November 11, which is the Armistice Day holiday.) The Ordinance placing Charter amendments on the March 3 ballot would be presented for Hearing and First Reading at the December 2 meeting and for second reading on December 16. The legal deadline for adoption of an ordinance placing Charter amendments on a ballot is January 2, 1987, 60 days prior to the election, necessitating adoption of the ordinance in December. A thirty day period is needed between the work session discussion on October 28 and consideration of the Ordinance for preparation of ballot language and drafting of the proposed amendments in accordance with direction provided by Council at the work session. The Resolution designates the City Clerk's office as the staff liaison for the Charter Review Committee and provides for representatives of the City Attorney and City Manager to serve in an advisory capacity to the Committee. The Committee is directed to conduct its meetings at a time and place conducive and convenient for public attendance. A mechanism is to be established by the Committee for the preparation of minority reports. Funding of up to $500 in hard costs (printing, etc.) is also earmarked to assist the Committee in preparing and submitting its recommendations to the Council." Councilmember Stoner explained the process used to select 11 members for the Charter Review Committee. Councilmember Rutstein made a motion, seconded by Councilmember Estrada, to adopt Resolution 86-112 inserting the following names: Karl Carson George Dennison Carolyn Haase Susan Kirkpatrick Jim Koenig Bruce Lockhart Judy Lovaas Alyce Milton Elery Wilmarth Robert Winokur Robert Zimdahl Councilmember Stoner made a motion, seconded by Councilmember Estrada, to table Resolution 86-112 to July; 15. :Yeas: Councilmembers Estrada, Horak, Liebler, Ohlson, Rutstein, and"Stoner. Nays: None. THE MOTION CARRIED. -412- July 1, 1986 City Manager's Report City Manager Burkett reported on the bid opening for the street overlay project, stating that two additional streets will be included due to the low bids received. Mr. Burkett summarized the Finance Committee meeting held last week. City Manager Burkett stated the report from the Council Retreat had been placed in Council's packets. Mr. Burkett introduced Leslie Haynes, a management intern from Indiana, and summarized her education and experience. Councilmembers' Reports Councilmember Horak reported on the retreat of the Larimer-Weld Council of Governments and highlighted the main topics of discussion. Councilmember Estrada commended Jim Aldrich, Walt Brown, David Herrera, and Chip Steiner of the Downtown Development Authority for their work toward the relocation of the residents of the Bennett Hotel. Councilmember Rutstein reported on the APPA conference in Toronto and the Colorado Municipal League conference. She commended Linda Hopkins and Larry Estrada for their presentation on economic development. Mayor Ohlson stated he would like to see the goals message out to the customers. He commented on an article stating that 56% of the cities will end up in the red at the end of the fiscal year, pointing out that Fort Collins is in much better shape. He also reported on the program being implemented by the Poudre Fire Authority, along with the Eyeopeners Kiwanis Club, which distributes and installs smoke detectors for low-income senior citizens. Mayor Ohlson concluded by commending staff for the progress made in painting lines on the streets. Citizen Participation A. Proclamation Naming Month of July as Nati'on'al•t Month was accepted by Cathy Mulcahy, Chair of the Q Board. Parks and Recreation Chris Kneeland, Chair of the Library Board, accepted the plaque on behalf of Jerry Johnson. 1 -413- July 1, 1986 I Alyce Milton, Chair of the Cultural Resources Board, spoke of the contribution Jack Curfman has made to the Cultural Resources Board. C. Jack Curfman accepted the plaque and announced his intention to continue his involvement with the Cultural Resources Board as a citizen observer. Assistant to the Director of Parks and Recreation Jerry Brown spoke of the involvement of the Rotary Clubs at the Lee Martinez Park Farm. David Whitham, President of the Rotary Club, presented a check for $1,000 for the Lee Martinez Park Farm. Mayor Ohlson presented a Certificate of Appreciation to the Rotary Club for their contribution to the Farm. D. Presentation of Kids Art Awards from Fourth of July Poster Contest. Mayor Ohlson presented a t-shirt and a framed copy of the poster which won second place to Jeff Grotenhuis. Mayor Ohlson then recognized first place winner, Amy Spors, whose poster was used to promote the Fourth of July activities around the city of Fort Collins, presenting her with a t-shirt and a framed copy of her poster. E. Proclamation Naming July 3 as Let Freedom Ring Day was accepted by Jody McAfee, Administrative Assistant with the City of Fort Collins. Norman Munn, local resident, thanked the City for the use of Collindale golf course for the Long's Peak tournament. He commended Bill Metier for his work on the tournament, and Mike Rikker for organizing the event. Carl Wade, Horsetooth Trail Committee, commented on the volunteer effort to build a five -mile foot and horseback trail along the ridges of Horsetooth Reservoir. He stressed the need for volunteers for Saturday, July 19. Don McMillan, 900 East Elizabeth, spoke about a sewer line being installed down the center of Elizabeth Street. He;stated the residents would prefer to use a sewer line stubbed off at Laurel Street'.`, He requested one staff person be appointed to meet with the citizens-of,the area to hear their concerns and ,find a solution to their concerns. Barbara Allison, 1212 Lynnwood Drive, inquired about the process that will be used to fill the vacancy created by Jay April's resignation from Council. ' Mayor Ohlson indicated that Council would be discussing the matter under Other Business. -414- July 1, 1986 Mrs. Allison expressed concern about the funds the City was using to ' improve railroad crossings in light of the effort being made to relocate the tracks. Mayor Ohlson mentioned a press release stating the reasons for the crossing improvements and the City's share of the cost. He stated the railroad relocation issue was far from completion. He suggested Mrs. Allison relay her comments to the railroad relocation subcommittee. Ordinance No. 96, 1986, Adopting Regulations Concerning the Transportation of Hazardous and Radioactive Materials by Motor Vehicle, Adopted as Amended on First Reading Following is staff's memorandum on this item: "Executive Summary The proposed Ordinance would add Chapter 58 to the Code of the City of Fort Collins, "Hazardous and Radioactive Materials Transportation." The regulations contained in the chapter are intended to reduce the possibility of a hazardous or a radioactive materials incident occurring in the City by limiting the transportation of such materials by motor vehicle to pick-ups or deliveries within the City with few exceptions. The Ordinance adopts various sections of the Code of Federal Regulations and also contains provisions for the safe operation of such vehicles in the City. In order to minimize the impact on commerce, the Ordinance allows for the granting of exemptions for those transporters who have no practicable alternative to transporting such materials through the City. Farm machinery which is exempted from registration pursuant to State statutes and vehicles transporting gasoline or diesel fuel in tanks with a capacity of 110 U.S. gallons or less are also exempted from the routing restrictions. Exempt transporters would, however, be required to adhere to other provisions of the Ordinance, such as regulations concerning the safe operation of such vehicles. Background The proposed Ordinance prohibits the transportation of placarded hazardous and radioactive materials within the City except for the purpose of making pick-ups and deliveries within the` City. For southbound through shipments of placarded amounts of hazardous or. radioactive materials, since such shipments would not be allowed to enter the City via Highway 287 from the north, they would have to travel on I-80 to Cheyenne and then south on I-25. Northbound traffic would be routed east via Harmony Road to 1-25 to proceed north around the City. The proposed Ordinance has gone through a number of revisions'due to input received from various public hearings and comments, letters 'arid telephone -415- July 1, 1986 ' calls with various interested individuals. A public hearing was held on November 14, 1985 with members of the City and Poudre Fire Authority staff, revisions were made and a revised draft was discussed at a public hearing at the City Council meeting of March 4, 1986. Since that date, additional amendments have been made to the Ordinance based upon input from the individuals who spoke at that hearing and Councilmembers. Throughout the drafting process, drafts of the Ordinance have been sent to interested individuals, companies and organizations and input has been received. Neighboring jurisdictions that might be affected by the routing, including the cities of Laramie and Cheyenne, Wyoming, the Wyoming Highway Department, Loveland, Timnath, Wellington, the Colorado State Department of Highways and Larimer County, as well as Colorado State University, Larimer County Voc-Tech, N.C.R., Hewlett Packard, Woodward Governor Co. and Water Pik have also received drafts of the Ordinance. No negative feedback was received from such jurisdictions and local organizations. The Ordinance does not apply to the transportation of nuclear materials as defined and regulated in Article 2.2 of Title 40, C.R.S, recently enacted by the State legislature. A key element of this Ordinance is the adoption by reference of several parts of Titles 10 and 49 of the Code of Federal Regulations. These parts include procedures and specifications relating to packaging, marking, labeling, loading, placarding and transportation of hazardous and ' radioactive materials by motor vehicle as well as the "Federal Motor Carrier Safety Regulations." A provision for exemptions, Section 58-5, has been added to insure that an undue hardship is not imposed upon commerce. Exemptions are provided for farm machinery which is exempted from registration requirements pursuant to State statutes, vehicles transporting gasoline or diesel fuel in tanks with a capacity of 110 U.S. gallons or less and in situations where no practicable alternative exists to the transporter's preferred route through the City of Fort Collins. For exemptions based upon the unavailability of a practicable alternative, an application process is outlined in Section 58-5(C). The Ordinance also contains regulations concerning the operation of motor vehicles containing hazardous and radioactive materials, reporting requirements in the event of an incident involving such materials, a provision for the suspension of the operation of motor vehicles carrying such materials whenever road, traffic, or other hazardous circumstances warrant such action, prohibitions.' against discharging hazardous and radioactive materials in certain manners, authorizes City police officers to inspect and direct the disposition of such motor vehicles, and contains a violations and penalty provision. This Ordinance contains an effective date of October 1, 1986. This date was selected to allow sufficient time to: Develop an effective enforcement capability. -416- July 1, 1986 Post signs on all major streets I-80 in Wyoming to give notice Ordinance. Allow individuals exemptions. leading into the City and on of the restrictions of the and companies to apply for - Promote public awareness of the Ordinance. Another reason for the later effective date of the Ordinance is due to the Ordinance's application to State highways. Section 23-10 of the Model Traffic Code and the State statutes state that all traffic and parking restrictions on streets which are part of the State highway system shall be subject to the approval of the State Department of Highways before becoming effective. Section 43-2-135, C.R.S., states that such regulations shall become effective on such streets sixty days after receipt for review by the State Department of Highways if not disapproved in writing by said department during that sixty day period. Consequently, if the proposed Ordinance is passed on first and second reading, a copy of the Ordinance will immediately be sent to the State Department of Highways for their approval. The sixty day period for review will terminate shortly before October 1, 1986." Police Chief Bruce Glasscock summarized the process used in formulating the Ordinance being considered and explained the most recent amendment to the Ordinance dealing with inclement weather conditions. He briefly highlighted the provisions of the Ordinance, noting the effective date of October 1, 1986. Chief Glasscock stated that the Ordinance will need Colorado Department of Highways approval since the Ordinance will be applicable to state highways within the City. He added the State has 60 days to review the Ordinance and make a decision about approval. He stated the posting of signs would require State Highway Department approval from both Colorado and Wyoming. The following persons commented on the Hazardous Materials Ordinance: Senator Jim Beatty apologized for the State's failure to pass hazardous materials legislation. He promised there will be a State hazardous materials ordinance, but it would not likely be in August. He felt it appropriate for the City to go ahead with the local ordinance, but expressed concern that the City not overreact to incidents that dramatize the hazardous materials problem. Dan Downs, manager of safety for Northwest Transport, opposed the Ordinance, stating that the trucking industry is already regulated by the federal government, and therefore does not need local regulation. He urged Council not pass the Ordinance in its present format. Dale Hansen, secretary/treasurer of Linedrivers Local Union H961, expressed reservations about the Ordinance and its impact on the trucking industry. He asked Council to look for another method to deal with hazardous materials. -417- July 1, 1986 1 4. Jody Rankin, 1404 Beech Court, spoke of information provided to Council prior to the meeting regarding a citizen survey about hazardous materials transportation which involved 300 volunteers at 15 sites. Ms. Rankin read a letter from State Treasurer Roy Romer urging Council to adopt the Ordinance. 5. Don McMorris, Chairman of the Board of Northwest Transport, objected to the prohibition of truck travel through Fort Collins. He asked Council not overreact to the issue, and stressed the safety record of the industry. 6. Barbara Allison, 1212 Lynnwood Drive, expressed opposition to the Ordinance. 7. Bill Harper, Chamber of Commerce, expressed support for the City's Ordinance, in light of the State's failure to enact legislation. He suggested an impoundment area be established to deal with leaking trucks. 8. John DeLand, 400 South Grant, presented petitions containing approximately 60 signatures of owners and employees of businesses on College Avenue in a 3-4 block area who support a local ordinance dealing with the transportation of ' hazardous materials. He encouraged favorable consideration of the Ordinance. 9. Florence Phillips, senior policy analyst/attorney in the Governor's office, read a statement from Governor Lamm supporting adoption of the local ordinance. 10. Don Coleman, President of the Colorado Motor Carriers Association, asked for careful consideration of the Ordinance and the types of commodities being restricted by this Ordinance. 11. Curt Busby, 14801 Buckhorn Road, mentioned a risk analysis done by the City Engineer's Office. 12. Bruce Lockhart, 2500 East Harmony Road, questioned the possibility of trucks returning from Laramie empty being prohibited from passing through Fort Collins due to a placard painted on the truck. He, questioned the feasibility of enforcement and the cost associated with enforcement. He also pointed out that there has not been a safety problem so far, attributing that to" the knowledge and caution used by the truck drivers. 13. Terry Foppe, 622 Whedbee, stated she feels staff should go ' back and reasonably consider what materials and what quantities should be prohibited. She Tisted several materials she felt should not necessarily be banned. -418- July 1, 1986 14. Kathy Jones, business owner at 110 North College Avenue, ' supported the Ordinance and urged its adoption. 15. Norman Munn, local resident, asked how the Ordinance might affect the transportation of liquor. Councilmember Horak made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 96, 1986 on First Reading with the addition of paragraph D (Section 58-5). Councilmember Horak pointed out this Ordinance does not ban hazardous materials in Fort Collins, but rather bans the transportation through Fort Collins. He thanked the Chamber of Commerce for their support of a local ordinance. He added that the interstate highway system is ideally suited for truck traffic, while Colorado 14 is not. He stated this Ordinance is clearly for the citizens of Fort Collins and he strongly supports it. Councilmember Rutstein agreed with Councilmember Horak's comments and emphasized the danger involved in transporting hazardous material through populated areas. She added that this Ordinance could be amended in the future if necessary. Councilmember Stoner encouraged the trucking industry to lobby for the northern bypass around Fort Collins. ' Councilmember Estrada stated passage of this Ordinance would address the overall health and safety of the citizens of Fort Collins. He felt it better to pass this legislation before a serious incident occurs rather than after. Councilmember Liebler stated she feels this Ordinance protects the citizens of Fort Collins without cutting off commerce to the City. Mayor Ohlson commended the trucking industry for their safety record. He stated he was more concerned about the incidents that were beyond the control of the individual truck drivers. City Clerk Krajicek read paragraph D, Section 58-5 into the record as follows: D. The Chief of Police of the,'City may temporarily exempt all motor vehicles from the provisions of Sections 58-4A or 58-4B when, in the opinion of the Chief, no practicable alternative exists to a route through the City of Fort_Collins due.to road, weather, traffic or other hazardous conditions on routes which would otherwise be practicable alternatives. Such an exemption shall be granted for a specific period of time and notice thereof shall be given to the public in the manner specified in Section 58-8. -419- July 1, 1986 ' The vote on Councilmember Horak's motion to adopt Ordinance No. 96, 1986 as amended on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Items Relating to the Creation of Arbor Plaza Special Improvement District No. 88 Following is staff's memorandum on this item: "Executive Summar A. Resolution 86-113 Accepting the New Petitions, "Thereby Repealing Resolution 86-20, and Declaring a Need for the Improvements and Directing the Director of Public Works to Have Prepared Plans, Estimated Costs, and a Map of the Proposed District. Resolution 86-114 Accepting the Report of the Costs, Method of Assessment, and Plans for Arbor Plaza Special Improvement District No. 88. C. Hearing and First Reading of Ordinance No. 97, 1986, Relating to the Creation and Organization of Special Improvement District No. 88. Council approved Resolution 86-20 accepting the petition of property owners for the Arbor Special Improvement District No. 88 at its February 4, 1986 meeting. Since that time, the petitioners for the district have changed and staff has requested that a Resolution for the new petitioners be presented and Resolution 86-20 be repealed. 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 is located at the Southwest corner of Harmony Road and College Avenue. The proposed improvements include curb, gutter, asphalt pavement, sidewalk, landscaped streetscapes and medians, gravel base, earthwork grading, traffic signals, water distribution system, sanitary sewer collection system, and storm drainage. Streets to be improved include Harmony Road from College Avenue to the Burlington Northern Railroad, Mason Street from Kensington Drive to College Avenue, and College Avenue`"from the intersection improvements at Harmony Road to Mason Street. -420- July 1, 1986 FUNDING: I Substantial street oversizing improvements will be made within this SID; however, the Developers have agreed to take credits for street oversizing fees against the City oversizing repayment. The oversizing costs incurred by the Developers will be paid for by bond proceeds until the City can reimburse out of the Street Oversizing Fund. Any reimbursement will be used to redeem a like amount of the district bonds. SUMMARY OF COSTS: Estimated construction and engineering costs: $927,099.50 Costs that will not be absorbed by the district are as follows: City Water and Sewer Costs $ 27,585.00 City Oversizing Costs $216,840.50 Total City Share of Costs $244,425.50 Total Costs assessed against properties within the District: $899,514.50 STAFF RECOMMENDATION: The improvements proposed are necessary for the development the Arbor ' of Plaza P.U.D. The extension of Mason Street to Harmony Road is needed at this time as an alternative access to the congested Troutman -College intersection. Improvements to Harmony Road west of College Avenue will relieve the congestion problems during the peak hours. Since the Developer has agreed to pay oversizing costs at this time, staff feels the proposed District meets the City's criteria for establishment of a Special Improvement District and recommends adoption of these items." City Manager Burkett outlined the background on this item and stated staff was available to answer questions. Councilmember Horak made a motion, seconded by Councilmember Estrada, to adopt Resolution 86-113. Yeas: Councilmembers Estrada, Horak, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Rutstein, to adopt Resolution 86-114. Yeas: Councilmembers Estrada, Horak, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. -421- July 1, 1986 ' Councilmember Horak made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 97, 1986 on First Reading. Yeas: Councilmembers Estrada, Horak, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Items Relating to Street Oversizing. Following is staff's memorandum on this item: "Executive Summary A. Hearing and First Reading of Ordinance No. 88, 1986, Amending Certain Sections of the Code of the City of Fort Collins Regarding the Street Oversizing Fund. B. Resolution 86-100 Creating an Industrial Advancement Program for Certain Targeted Industries. The attached ordinance will change sections of the City Code regarding Street Oversizing fees, development requirements, and City participation obligations. The resolution will create an Industrial Advancement Program in which certain targeted industries will receive assistance from the City for street oversizing fees. This is intended to encourage industrial development within the city, when such development is determined to be of benefit to the welfare of the city. Background This item was tabled by Council at its June 3rd meeting to allow the ad hoc Street Oversizing Committee more time to review the staff's recommendation and ordinance changes. Staff has met with the committee as well as with the Council's Finance Committee to review the recommendations and answer questions. The attached report from staff outlines the recommended approach." Acting Development Services Director Gary Diede outlined the background of this item, summarized the issues under consideration, and answered Councilmember questions about the specifics of each option. Councilmember Rutstein made a motion, seconded by Councilmember Liebler, that a collector standard be adopted for all future development. Chuck Mabry, spokesman for the street oversizing ad -hoc committee, spoke in favor of keeping the residential 'standard and pointed out the ramifications of changing to a collector standard. ' Councilmember Horak stated he was not convinced that going to a collector standard would be an equitable program. -422- July 1, 1986 Councilmember Estrada agreed with Councilmember Horak, adding that changing ' to a collector standard would not solve any of the problems facing the City. Mayor Ohlson indicated he did not feel there was adequate data to support a collector standard. The vote on Councilmember Rutstein's motion was as follows: Yeas: Councilmembers Liebler and Rutstein. Nays: Councilmembers Estrada, Horak, Ohlson, and Stoner. THE MOTION FAILED. Councilmember Horak made a motion, seconded by Councilmember Stoner, to adopt the fee schedule proposed in Option F. Barbara Allison, 1212 Lynnwood Drive, stated she did not think developers should pay for past debt. The vote on Councilmember Horak's motion to adopt the fee schedule in Option F was as follows: Yeas: Councilmembers Horak, Ohlson, and Stoner. Nays: Councilmembers Estrada, Liebler, and Rutstein. THE MOTION FAILED TO PASS. Councilmember Estrada made a motion, seconded by Councilmember Stoner, to adopt Option B, maintaining a residential standard for 1.5 then ' years and reverting to a collector standard, and establishing a task force to look at a long-term solution. Yeas: Councilmembers Estrada, Liebler, Ohlson, Rutstein, and Stoner. Nays: Councilmember Horak. THE MOTION CARRIED. Councilmember Estrada made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 88, 1986 (Version A) inserting the figures adopted from Option B as follows: Residential Uses $ 575 Industrial Uses $ 6,900 Commercial and Business Uses $13,800 Yeas: Councilmembers Estrada, Horak, Liebler, 0h1son, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Rutstein made a motion, seconded by Councilmember Stoner, to adopt Resolution 86-100. Councilmember Rutstein asked why funding for.'ah)s program would come from Capital Improvements rather than the Economic' Development Fund. -423- July 1, 1986 ' Gary Diede replied the Capital Improvements Fund was chosen because the Economic Development Task Force has not submitted its recommendations to Council yet. Councilmember Stoner pointed out the reason for pursuing this at this time is to show the City is in favor of certain targeted industries developing in our city. Mayor Ohlson stated he felt the timing on this issue was premature, since the Economic Development Task Force has not finalized their recommendations. Terry Foppe, 622 Whedbee, stated she also felt the timing is wrong on this item. She suggested tabling the item until the Economic Development Task Force has presented their report. Jim Woodward, 430 Garfield, opposed the Resolution and objected to preferential treatment being given to certain industries. He suggested a more open task force forum be used with the street oversizing issue. Chuck Mabry, spokesman for the street oversizing ad hoc committee, spoke in favor of the Resolution. Councilmember Liebler made a motion, seconded by Councilmember Horak, to table Resolution 86-100 until the Economic Development Task Force submits ' their report. Yeas: Councilmembers Horak, Liebler, Ohlson, and Rutstein. Nays: Councilmembers Estrada and Stoner. THE MOTION CARRIED. Items Relating to Ordinances Authorizing the Issuance of Bonds Following is staff's memorandum on this item: "Executive Summary A. Hearing and First Reading of Ordinance No. 98, 1986, Authorizing the Issuance of Sewer Revenue Refunding Bonds in the Approximate Principal Amount of $32,000,000. B. Hearing and First Reading of Ordinance No. 99, 1986, Authorizing the Issuance of General Obligation Park Refunding Bonds in the Approximate Principal Amount of $6,000,000. C. Hearing and First Reading of Ordinan'ce'No. 100 ,1986, Authorizing the Issuance of General Obligation Water -Refunding and.Improvement Bonds in the Principal Amount of $35,000,000. -424- July 1, 1986 D. Hearing and First Reading of Ordinance No. 101, 1986, Authorizing the Issuance of Sales and Use Tax Revenue Refunding and Improvement Bonds in the Approximate Principal Amount of $26,000,000. Background These bond ordinances would provide for the refunding of all of the Sewer Revenue Bonds, General Obligation Park Bonds, General Obligation Water Bonds and Sales & Use Tax Bonds of the City. Additionally, approximately $15,000,000 of the General Obligation Water Bonds are to provide funding for a 20 million gallon per day addition to Water Treatment Plant No. 2 and the design and installation of approximately 21,000 feet of 60-inch diameter water transmission main; and approximately $4,700,000 of the Sales and Use Tax Bonds are to provide for the repayment of the Block 31 loan from the Water Fund ($1,400,000) and for retiring the 1982 BANS which were issued in connection with the Southridge Greens golf course project ($3,330,000). On April 1, 1986, City Council adopted Resolution No. 86-63, Authorizing City Staff to Prepare Documents for Refunding Outstanding City Bonds. Since that time staff has completed preliminary work on the refunding of the City's Sewer Revenue, General Obligation Park, General Obligation Water and Sales & Use Tax Bonds. It has been determined that the refunding of these bonds will provide significant savings to the City as a result of the lower bond interest rates available at this time. Under the artificially imposed deadline created by pending federal tax legislation, we have to close on any bond refundings by September 1, 1986 or prior to the passage of the tax legislation to allow clean bond opinions on the issues. We cannot close on the bond issues until 30 days after passage of the ordinances on second reading. In order to meet the September 1 deadline given these constraints and in order to get insurance on the issues, we need to have first and second readings on the ordinances on July 1 and 15, respectively. As a result there will be substantial amendments made to the bond ordinances on second reading. All amendments, with the exception of the interest rates, will be included in the July 15th Council packets. At second reading hopefully only the interest rates will have to be read into the record. Information regarding the specific bond issues is as follows: Issue Sewer Revenue General Obligation Park General Obligation Water Sales & Use Tax Revenue Approximate Refunded Amount of Amount Savings 30;715,000 6,750,000 4,635,000 375,000 14,360,000 900,000 20,050,000 2,400,000 425- J July 1, 1986 ' In addition to the refunding, two of the issues will include funding for improvements as follows: General Obligation Water Refunding Bonds - Total Issuance $ Refunding - $ 14,360,000 Construction Cost - a 20 million gallon per day addition to Water Treatment Plant No. 2 and the design and installation of approximately 21,000 feet of 60-inch water transmission main - $ 15,000,000 Purchase of Water Rights - $ 4,700,000 Balance - Issuance Expenses - $940,000 The construction cost estimate was arrived at jointly among the City's Water and Wastewater Utilities personnel, the City's consulting engineers, and Anheuser- Busch representatives. The amount is felt to be conservative. The purchase of water rights for the Anheuser-Busch brewery is being financed pursuant to the Master Agreement between the City and ' Anheuser-Busch. Sales & Use Tax Revenue Refunding Bonds - Total Issuance $25 765 000 Refunding - $20,050,000. Block 31 - Repay the loan from the Water fund in the amount of $1,400,000. Southridge Greens - Retire the 1982 BANS in the amount of $3,330,000. Balance - Insurance and issuance expenses - $985,000. Finance Director Jim Harmon summarized the purpose of the Ordinances. He introduced Loring Harkness, bond counsel, and Carol Ostberg, representing Chemical Bank. Councilmember Horak made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 98, 1986 on First Reading. Yeas: Councilmembers Estrada, Horak, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded`=by Council -member Rutstein, to adopt Ordinance No. 99, 1986 on First Reading. Yeas: Councilmembers ' Estrada, Horak, Liebler, Ohlson, Rutstein, an& Stoner. Nays: None. THE MOTION CARRIED. MFkT July 1, 1986 Councilmember Liebler made a motion, seconded by Councilmember Rutstein, to ' adopt Ordinance No. 100, 1986 on First Reading. Yeas: Councilmembers Estrada, Horak, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 101, 1986 on First Reading. Yeas: Councilmembers Estrada, Horak, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Other Business Resolution 86-115 Authorizing a Change in the Insurance of the Airport Authority, Adopted Following is staff's memorandum on this item: "Executive Summary This Resolution authorizes the Fort Collins -Loveland Airport Authority to reduce its premises liability insurance coverages from $5 million to $1- I million. A copy of a letter dated June 13, 1986 from the Airport Manager is enclosed with this summary. Background The request of the Fort Collins -Loveland Airport Authority for reduction in the insurance coverages for premises liability is consistent with recent amendments to the Colorado Governmental Immunity Act. That Act limits liability exposure to, at a maximum, $150,000 per claimant and $400,000 per occurrence. However, for most of the Airport activities, the Governmental Immunity Act would provide for absolute immunity. The Airport Authority has requested a reduction in the insurance requirements so as to achieve some cost savings which are estimated to exceed at least $4,000 per year. The actual cost savings are potentially much greater when considering the cost for a new $5 million unrestricted policy which would increase the premium from the previous years by several thousand dollars. The City of Loveland has approved, the suggested change in the insurance requirement and the Airport Authority requests that the City of Fort Collins give favorable consideration to this request so that $1 million in coverage may be obtained as of July 1. Ms. Carol Sue Caldwell, Airport Manager, is available to respond to detailed questions regarding this matter." -427- 6 July 1, 1986 City Attorney Huisjen explained the reason for considering the Resolution under Other Business this evening, noting the Airport Manager was available to answer questions. Councilmember Stoner made a motion, seconded by Councilmember Horak, to adopt Resolution 86-115. Yeas: Councilmembers Estrada, Horak, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Discussion of Filling Council Vacancy Due to the Resignation of Jay April Councilmember Horak suggested that previous applicants be contacted to determine interest, as well as soliciting applications for a one -week period. He also suggested conducting interviews on Thursday of any new applicants, making a preliminary selection that evening and making the final appointment on July 15th. Mayor Ohlson pointed out that Council had received information in their packets regarding the interest of previous applicants. Councilmember Stoner questioned the rush to fill this vacancy. Mayor Ohlson stated that since Council had been through this process twice ' in the recent past, ,he felt the timeframe was adequate to select an individual to fill the vacancy. Ron Meyer, 2912 Eindborough Drive, commented on the impact the Fourth of July weekend will have on the time allowed for new applications to be submitted. Councilmember Estrada suggested applications be accepted through Monday, July 14. Mayor Ohlson expressed his desire to have a new Councilmember on board for the July 15 meeting. Council discussed several optional dates to conduct interviews and make an appointment. The consensus of the Council was to accept applications until noon on July 8, discuss the candidates at the work session on July 8, and conduct interviews at 5:00 p.m. on Thursday, July 10. The selected individual will be sworn in at the Council meeting on July 15. -428- July 1, 1986 A Adjournment Councilmember Rutstein made a motion, seconded by Councilmember Estrada, to adjourn the meeting. Yeas: Councilmembers Estrada, Horak, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 12:10 a.m. FBI -429-