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HomeMy WebLinkAboutMINUTES-07/19/1988-RegularI e4. ' July 19, 1988 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 19, 1988, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Estrada, Kirkpatrick, Mabry, Maxey, and Stoner. Absent: Councilmembers Horak and Winokur Staff Members Present: Burkett, Krajicek, Roy Citizen Participation A. Proclamation Naming August 1-7 as Clown Week was accepted by Ginger the Clown. Each Councilmember was presented with a clown nose. B. Presentation of the Bike to Work Day Results Mayor Stoner reported on the results of the first Bike to Work Day held on June 22. Awards ' were presented to the following people: 1. Dr. Robert Martin, age 67, the oldest bike commuter. 2. Bill Lindgren, age 61 second oldest bike commuter. 3. Kirsten Whetstone, random drawing. 4_ Billie Hundtoft, random drawing. 5. Stan Froseth, random drawing. 6. John Lotz, random drawing. 7. Sue Houseal, random drawing. 8. Robert Lea, random drawing. Mayor Stoner thanked the Natural Resources Department and Bob Wilkinson for their support in coordinating the Bike to Work Day. C. Presentation of Appreciation Plagues for Retiring Boards and Commissions Members. Mayor Stoner presented appreciation plaques to the following boards and commissions members: I. Rex Burns, Storm Drainage Board, March 25, 1980 to July 1, 1988. 2. Dr. Norm Evans, Water Board, September 1963 to July 1, 1988. 3. Larry Trampe, Building Review Board, February 1980 to July 1, 1988. 4. Alan Inada, Personnel Board, July 1980 to July 1, 1988. 5. Bill Zech, Golf Board, July 1980 to July 1, 1988. ' 6. Michael Schmidt, Storm Drainage Board, July 1980 to July 1, 1988. -209- July 19, 1988 Sandy Lemberg, Poudre Canyon resident, objected to the existing Police ' Department complaint review process and suggested the Police Department adhere to the Law Enforcement Code of Ethics. Agenda Review: City Manaaer City Manager Burkett requested Item #9, Second Reading of Ordinance of No. 95, 1988, Authorizing the Issuance of Industrial Development Revenue Bonds of the City of Fort Collins, for The Vipont pharmaceutical, Inc. Project, be withdrawn from the Consent Calendar to allow for the insertion of interest rates. City Manager Burkett requested Item #13, Items Pertaining to Neighborhood Convenience Shopping Centers, and Item #18, Resolution 88-115 Naming the Board and Commissioners of the Collins -Loveland Airport Authority as the Agent of the City of Fort Collins for Certain Purposes, be withdrawn from the the Consent Agenda for further staff review and later consideration by Council. Councilmember Maxey requested Item #15, Resolution 88-112 Authorizing the Purchasing Agent to Enter Into a Professional Services Agreement with Woodward -Clyde Consultants for a Study to Determine the Feasibility of Enlarging Halligan Reservoir, be removed from the Consent Agenda. Consent Calendar I 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 th's calendar be "pulled" off the Consent Calendar and considered separate;:. Agenda items pulled from the Consent Calendar will be considered separate:; under Agenda Item #22, Pulled Consent Items. 1. Consider aooroval of the minutes of the regular meeting of July 5 Police Services has been awarded a grant from Colorado's Eighth Judicial District Victims and Law Enforcement Fund (VALE) Board. Monies from this fund assist law enforcement agencies in providing help to crime victims. A joint grant request was formulated by Fort Collins Police Services, Colorado State Police, and the Larimer County Sheriff's Department. The grant monies will be managed through the Police Services Investigative Division. The equipment being provided by the grant will allow a much larger number of officers to complete high -quality composite drawings of crime suspects. Composite drawings ' -210- July 19, 1988 ' rendered by crime victims and witnesses are a valuable tool in the apprehension of suspects. 7. F1 a This Ordinance, which was unanimously adopted on First Reading on July 5, appropriates $7,095 in grant funds for expenditure in the Fort Collins Police Services Investigations Division Program. On June 7, 1988, the Council adopted a Resolution authorizing the City Manager to sign a letter of intent to participate in the United States Bureau of Reclamation Loan Prepayment Program. The City has a commitment from the Colorado Water Conservation Board to lend the City 100% of the funds to buy-out the loan to the Water Fund over a six -year period at an interest rate of 5%. The buy-out would save the City $3,106,366 over the next eleven years. Currently, the principal balance of the loan is $4,598,000, with the principal amount of the buy-out currently projected at $2,433,893. This Ordinance, which was unanimously adopted on First Reading on July 5, authorizes the agreement. nevenue In ine lapital rrolects Fund This Ordinance, which was unanimously adopted on First Reading on July 5, appropriates $52,942 for railroad crossing signals and gates on Timberline Road. The City of Fort Collins has been granted Federal Railroad Crossing Safety Funds, which are administered by the State of Colorado Division of Highways, to help pay for a crossing signal on Timberline Road at the Burlington Northern Railroad crossing. The City's share is being funded with Railroad Crossing Improvement Program funds, which were also used to install rubberized crossing material at this crossing in June. On July 5, Council adopted Resolution 88-101 Authorizing the Mayor to Execute an Agreement with the State of Colorado - Division of Highways for the Funding of a Railroad Crossing Signal on Timberline Road and Resolution 88-102 Authorizing the Mayor to Execute an Agreement with the Burlington Northern Railroad for the Installation of a Railroad Crossing Signal on Timberline Road. On May 17, 1988 the Council unanimously adopted an Inducement Resolution for this project in the amount of $2,600,000 and increased that amount to $2,900,000 on June 7. This Ordinance, which was unanimously adopted on First Reading on July 5, authorizes the -211- July 19, 1988 10. II. 12. issuance of the industrial development revenue bonds to be used to finance the Vipont project. The federal contribution the use of revenues) to contribution. available to General Fund government guidelines for calculating the City's to Transfort have been changed. The new formula permits specific revenues (i.e., CSU contract and advertising be used by the City as part of its local matching This change increases the amount of federal money stabilize and improve services and to reduce the City's contribution. On July 5, this matter was tabled to this meeting to allow staff time to provide additional information. The owner of Lot 13, Lesser's Subdivision (Houska Garage) has requested that a portion of the right-of-way on Myrtle Street at Riverside Drive be vacated but reserved for utility purposes. The request is being made primarily to improve site conditions so that business -related on -street maneuvering of vehicles is eliminated. This will provide a safer condition by closing one driveway onto Riverside Drive and paving the vacated right-of-way to allow onsite parking and turnaround. Since the curb and gutter are existing, no actual street area will be lost with this vacation. In addition. new sidewalk and landscaping will be installed by the owner enhancin'- ,2 general appearance of the facility and adding to city improvement All City agencies and utility companies have been contacted and a no problems with the proposed vacation of right-of-way and reservation for utility purposes. This Ordinance amends Section 4-139 of the City Code to establish a procedure for dealing with animals which have been impounded because of mistreatment, such as cruelty, improper care or abandonment. The procedure provides an opportunity for the owner or keeper of the animal to have an administrative hearing shortly after the impoundment to determine whether a violation of the Code existed and, if so, whether the animal should be returned to the owner or keeper due to changed circumstances which indicate'that the animal will no longer be mistreated. -212- d July 19, 1988 ' 13. Items Pertaining to Neighborhood Convenience Sh000ing Centers A. Resolution 88-109 Amending the Land Use Element of the Compre- hensive Plan. B. Resolution 88-110 Approving Design Guidelines for Neighborhood Convenience Shopping Centers. C. Hearing and First Reading of Ordinance No. 98, 1988, Amending Chapter 29 of the Code of the City to Create Criteria for Neighborhood Convenience Shopping Centers and to Establish Definitions in Aid Thereof. The current plans, policies and development regulations of the City do not provide adequate guidance for the review of convenience shopping centers in residential neighborhood areas. For the past six months, the Planning and Zoning Board examined this issue and recommended a number of changes. First, new land use policies should be adopted as part of the City's Land Use Policies Plan describing the public's desire for the location and use of these kinds of centers. Secondly, design guidelines should be adopted and utilized in the review of such centers. Finally, certain amendments should be made to the Zoning Ordinance which implements these policies including adoption of new criteria in the LDGS. ' These recommendations have been reviewed at numerous public meetings and work sessions. The staff and the Planning and Zoning Board believe that the proposed policies and regulations offer a balance between the need to protect neighborhoods from the introduction of disruptive or incompatible commercial uses and the desire of the public to allow the location of these kinds of centers in the community. 14. Items Relating to Seotage Transfer Agreement with Larimer County. A. Resolution 88-111 Approving an Amendment to the Intergovernmental Agreement between the City and Larimer County. B. Hearing and First Reading of Ordinance No. 99, 1988, Appropriating Unanticipated Revenue in the Amount of $26,458 for Additional Construction Costs of the Sanitary Waste Transfer Station. An intergovernmental agreement between the City and Larimer County was approved in August 1987 and resulted in a payment of $306,250 from the County to the City.', for all estimated costs of land acquisition, design, construction, and start-up of the septage transfer facility. The revised final cost estimate is $332,708. The County has agreed to the revised estimate, and has agreed to provide the additional $26,458 needed to complete the project. User fees, administered by the City, ' will cover the costs of operations. -213- July 19, 1988 15. This Resolution authorizes the Purchasing Agent to enter into a professional services agreement with Woodward -Clyde Consultants in an amount not to exceed $111,000 for a study to determine the feasibility of enlarging Halligan Reservoir. The study will include aerial photography and topographic mapping, geologic mapping, flood hydrology, preliminary environmental assessment and permitting requirements, and feasibility analyses and cost estimates for several dam types and sizes. 16. Resolution 88-113 Aooroving Poudre Fire Authority Strategic Plan 17. 19 The Strategic Plan represents a management system for the future. The key to a meaningful and progressive management plan is that it be broad in scope to .encompass important organizational elements, yet flexible to allow and encourage departures from the plan in the face of environmental change. The scope of this plan includes a staffing pattern analysis, community growth and service requirements, capital needs, values development, financial analysis, explicit performance measures, and recommendations based on service level alternative studies conducted by the planning teams and reviewed by the PFA Board of Directors. The citizens of the Fort Collins area, will benefit from the I implementation of this Plan with high -quality, low-cost services tailored to community needs. The Poudre Emergency Communication Center has provided these same services for the Poudre Valley Hospital District for the past eight years under similar agreements. The Agreement provides for the Hospital District to pay the City $49,141 as compensation for communication services and anticipated expenses. This Resolution authorizes the Board of Commissioners of the Fort Collins -Loveland Airport Authority to act as the agent of the City of Fort Collins for the purpose of applying for, accepting and administering grants of the Federal Aviation Administration relating to the Fort Collins -Loveland Airport. -214- July 19, 1988 I 19. Resolution 88-116 Authorizing the Mayor to Grant an Easement to the City of Loveland for Underground Electric Lines at the Fort Collins -Loveland Airport. The City of Loveland Electric Department is requesting the grant of a 20-foot wide easement for electric lines on the Airport property. The easement is necessary to extend electrical service to the west side of the Airport property, in conjunction with future development in that area. 20. Resolution 88-108 Making Appointments to Various Boards and Commissions. Council has received copies of applications for membership on the various City Boards and Commissions, and interviews with the applicants have been conducted by Council committees. In keeping with Council's policy, recommendations for the various appointments were announced at the July 5 meeting. The appointments were tabled to July 19 to allow time for public input. 21. Routine Easement. a. Powerline easement from Susan L. Andrews, 2421 Poplar Drive, needed to install underground streetlight services. Consideration: $10. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #6. Item #7. Item #8. Item #9. Ordinances on First Readi'ng'were read by title by Wanda Krajicek, City Clerk. Item #10. Fund. -215- July 19, 1988 Item #11. Item #12. Item #13. C. Item #14. B. Councilmember Kirkpatrick made a motion, seconded by Councilmember Estrada, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, Maxey, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance No. 95, 1988, Authorizing ' the Issuance of Industrial Development Revenue Bonds of the City of Fort Collins for The Vipont Pharmaceutical, Inc. Protect. Adopted as Amended on Second Reading Following is staff's memorandum on this item: "On May 17, 1988 the Council unanimously adopted an Inducement Resolution for this project in the amount of $2,600,000 and increased that amount to $2,900,000 on June 7. This Ordinance, which was unanimously adopted on First Reading on July 5, authorizes the issuance of the industrial development revenue bonds to be used to finance the Vipont project." David Dwyer, bond counsel, read the interest rates to be inserted into the Ordinance. Councilmember Mabry made a motion, seconded by Councilmember Maxey, to adopted Ordinance No. 95, 1988 as amended on Second Reading. Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, Maxey, and Stoner. Nays: None. THE MOTION CARRIED. -216- July 19, 1988 Resolution 88-112 Authorizing the Purchasing Agent to Enter Into a Professional Services Agreement with Woodward -Clyde Consultants for a Study to Determine the Feasibility of Enlarging Halligan Reservoir Adopted Following is staff's memorandum on this item: "FINANCIAL IMPACT The professional services agreement with Woodward -Clyde Consultants specifies that the study will not exceed a cost of $111,000. Funds are available in the Water Fund. EXECUTIVE SUMMARY This Resolution authorizes the Purchasing Agent to enter into a professional services agreement with Woodward -Clyde Consultants in an amount not to exceed $111,000 for a study to determine the feasibility of enlarging Halligan Reservoir. The study will include aerial photography and topographic mapping, geologic mapping, flood hydrology, preliminary environmental assessment and permitting requirements, and feasibility analyses and cost estimates for several dam types and sizes. ' BACKGROUND In November 1987, City Council authorized an agreement in which the City assumed the interests of the Phantom Canyon Ranch Company and the Halligan Resources Company to explore the enlargement of Halligan Reservoir, which is presently owned by North Poudre Irrigation Company (NPIC). The agreement provides the City with an interest in a conditional storage decree at Halligan Reservoir and the right to negotiate with NPIC a mutually acceptable arrangement to enlarge and use the Reservoir. The Reservoir currently has a capacity of about 6,400 acre feet, and the conditional storage decree is for an additional 33,482 acre feet. The Reservoir is located on the North Fork of the Cache la Poudre River, about 25 miles northwest of Fort Collins. In April of 1988, a request for proposals was issued for professional services to conduct feasibility studies on the enlargement of Halligan Reservoir. Ten proposals were received and Woodward -Clyde Consultants, Harza Engineering Company, and Morrison-Knudsen Engineers were selected for interviews. Cost estimates from the three finalists ranged from $68,900 to $100,000. Woodward -Clyde Consultants was selected as the most qualified firm for the study. Negotiations resulted in an agreement in which the consultant will do the study in three phases at a cost of $94,000. An additional $17,000 is.provided for Phase 4 'optional studies, which will only be done if needed to refine the study and help in evaluating the feasibility of key options. -217- July 19, 1988 r The study is scheduled to begin August 1, 1988, and be completed by ' November 30, 1988. Phase 1 will include a review of existing information and site reconnaissance. Phase 2 will include geologic mapping, aerial photography and topographic mapping, flood hydrology studies, a preliminary environmental assessment, and a review of permitting requirements. Phase 3 will include feasibility level designs for different dam configurations and feasibility level cost estimates. The Phase 4 optional studies will only be done if it is determined that additional refinement is desirable as the work progresses. These studies could include limited geotechnical investigation and additional work on developing spillway requirements. The results of this study will provide information needed to explore an agreement with NPIC which, with the enlargement of Halligan Reservoir, would increase the City's storage capacity and enhance its overall raw water system." Water Resources and Planning Manager Dennis Bode responded to Council questions. Councilmember Kirkpatrick made a motion, seconded by Councilmember Mabry, to adopt Resolution 88-112. Duane Ramsey, North Poudre stockholder, questioned whether North Poudre stockholders will indirectly pay for the study. Director of Water Utilities Mike Smith, replied that the City is paying for the study, because the study is being done for the City of Fort Collins and I not NPIC. He noted the study is being done to determine whether the City should be involved in the project at a later time. The vote on Councilmember Kirkpatrick's motion to adopt Resolution 88-112 was as follows: Yeas: Councilmembers Estrada, Mabry, Maxey, Kirkpatrick, and Stoner. Nays: None. THE MOTION CARRIED. Staff Reports City Manager Burkett introduced the new intern in the Manager's Office, John Ruiz, as the Council Liaison for citizen service requests. City Manager Burkett presented a plaque and a check for $100 from Recycle Now to Mayor Stoner for the City's Recycling Program. Councilmember Reports Mayor Stoner welcomed 30 Japanese women who were here for an intensive five week English program at Colorado State University. -218- July 19, 1988 J Ordinance No. 96, 1988, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects in the Community Development Block Fund. Adopted on Second Reading Following is staff's memorandum on this item: "On July 5, Council adopted as amended Resolution 88-107 Adopting Fiscal Year 1988-89 Community Development Block Grant Programs and Projects. This Ordinance, which was adopted 6-0 on First Reading on July 5, appropriates $653,000 from the City's FY 1988-89 Entitlement Grant, $100,000 from Reprogrammed CDBG funds, and $50,000 of anticipated CDBG Program Income. The Community Development Block Grant Program provides federal funds from the Department of Housing and Urban Development to the City of Fort Collins which can be allocated to housing and community development related programs and projects, thereby reducing the demand on the City's General Fund Budget to address such needs." Mayor Stoner withdrew from the discussion and vote on this item due to a perceived conflict of interest. (Secretary's Note: Councilmember Estrada chaired this portion of the meeting.) Councilmember Mabry made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 96, 1988 on Second Reading. Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, and Maxey. Nays: None. (Mayor Stoner withdrawn) THE MOTION CARRIED. Resolution 88-117 Making Appointments to the Ad -Hoc Transportation Committee. Tabled to August 2 Following is staff's memorandum on this item: "On May 17, Council adopted a resolution creating the Ad -Hoc Transportation Committee. Advertisements were placed and applications distributed seeking applicants to the Committee. The Council Committee has completed the interviewing process and recommendations for appointment will be announced at the July 19 meeting. In keeping with Council's policy, this Resolution will be tabled until August 2 for public input." -219- July 19, 1988 Councilmember Maxey made a motion, seconded by Councilmember Mabry, to ' adopt Resolution 88-117 inserting following names: James Yamane, Henry Baker, Tom Shimoda, Darrell Fontane, Bob Burnham, Earl Wilkinson, and Shirley Cismoski. Councilmember Estrada made a motion seconded by Councilmember Kirkpatrick, to table Resolution 88-117 to August 2. Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, Maxey, and Stoner. Nays: None. THE MOTION CARRIED. Resolution 88-118 Making Appointments to Following is staff's memorandum on this item: "EXECUTIVE SUMMARY Council extended the application process for the Commission on Disability, Downtown Development Authority, Landmark Preservation Commission and the Personnel Board. Interviews with the applicants have been conducted by the Council committees. Recommendations for appointment on the various boards will be announced at the July 19 meeting. In keeping with Council's policy, this Resolution will be tabled until ' August 2 to allow for public input. BACKGROUND Appointments need to be made for the following Boards and Commissions: Commission on Disability Downtown Development Authority Landmark Preservation Commission Personnel Board" Councilmember Maxey made a motion, seconded by Councilmember Estrada, to adopt Resolution 88-118 inserting names as follows: Commission on Disabilit Noreen Kenny July 1, 1991 Downtown Development Authority Alice Connor June 30, 1989 Carey Hewitt June 30, 1989 Frederick Goodale June 30, 1992 Lucia Liley June 30, 1992 ' -220- July 19, 1988 ILandmark Preservation Commission Prescott Handley July 1, 1992 Rheba Massey July 1, 1992 Personnel Board Herbert Pedri July 1, 1992 Carole Trask July 1, 1992 Councilmember Kirkpatrick made a motion, seconded by Councilmember Mabry, to table Resolution 88-118 to August 2. Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, Maxey, and Stoner. Nays: None. THE MOTION CARRIED. Other Business Councilmember Kirkpatrick introduced Resolution 88-119 supporting a location of a new tourist welcome center north of Fort Collins. Councilmember Kirkpatrick made a motion, seconded by Councilmember Maxey, to adopt Resolution 88-119. ' City Manager Burkett stated he discussed the tourist welcome center with Loveland City Manager Mike Rock. He stated Fort Collins and Loveland are in agreement with how the issue should be approached. John Dowd, President of the Convention Visitor's Bureau, stated he had met with numerous interested parties with respect to the tourist welcome center. He stated it appears there is a desire for such a center. He expressed the need for support from the City. He stressed the positive economic growth this would bring to the community. Councilmember Maxey questioned whether any specific sites been examined or studied. John Dowd stated that a meeting was held with Craig Campbell, Dean Drury, and Art Wilcox of the Convention and Visitor's Bureau and the Department of Wildlife. He stated the proposed site is located almost directly across from the the brewery. He stated currently this is the only site that is being explored and that Anheuser-Busch felt that specific location for the tourist welcome center would complement the Brewery. Councilmember Kirkpatrick expressed concerns regarding air pollution and tourist impact. Councilmember Estrada expressed his support for the tourist welcome center ' and complimented Mr. Drury on his excellent service. -221- July 19, 1988 Mayor Stoner thanked Councilmember Kirkpatrick for bringing the Resolution I to the meeting. The vote on Councilmember Kirkpatrick's motion to adopt Resolution 88-119 was as follows: Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, Maxey, and Stoner. Nays: None. THE MOTION CARRIED. AdJournment Councilmember Kirkpatrick made a motion, seconded by Councilmember Mabry, to adjourn to 7:30 p.m. on July 26 for the purpose of conducting the City Manager's mid -year review. Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, Maxey, and Stoner. Nays: None. The meeting adjourned at 7:30 p.m. or ATTEST: VCN� - ". City Clerk -222-