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HomeMy WebLinkAboutMINUTES-09/06/1988-RegularT- September 6, 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, September 6, 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, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Staff Members Present: Burkett, Krajicek, Roy Citizen Participation A. Proclamation Naming September 18-24 as Adult Day Care Week Mayor Stoner encouraged citizens to participate in a special open house supporting Adult Day Care Week by visiting Elderhaus on Thursday, September 22, 1988. A representative of Elderhaus accepted the proclamation. B. Proclamation Naming the month of September as Adult Literacy Awareness Month was accepted by Judy Mathes, a volunteer tutor for HELP (Home Education Literacy Project), and Leland Kleckner, a student. Ms. Mathes commented on Mr. Kleckner's accomplishments in the HELP Program. Mr. Kleckner spoke of his progress in the job market. He expressed his appreciation for the HELP Program and encouraged anyone who might benefit to enroll in the program. Sally Robinson, Director of the Fort Collins Coalition for Literacy, noted the amount of people each year who are being taught by adult literacy. programs. She expressed support for the volunteers who are involved with the program. Jim Creeden, Fort Collins resident, raised concern about the Police Department management and requested a meeting with City Council to discuss issues and incidents allegedly being kept from Councilmembers. Barbara Allison, 1212 Lynnwood Drive, spoke of housing for the elderly. She questioned the changes in the original Robinson-Piersal Plaza project and expressed support for .the low income housing that was originally planned as part of the project. She spoke of the alleged illegal firing of a City employee, Larry Royval. She expressed concern about the cost of his defense and asked questions regarding the supervisors responsible for his dismissal. Ms. Allison also questioned whether Councilmember Mabry should ' be disqualified from participation in items relating to Everitt Enterprises -264- September 6, 1988 T and questioned Mayor Stoner's real estate involvement with the Southridge Greens Golf Course. Agenda Review: City Manager City Manager Burkett stated there were no changes to the agenda as published. Councilmember Kirkpatrick requested Item #17, Resolution 88-137 Authorizing a Waiver From the Public Street Capacity Requirement to Construct Off -site Street Improvements as Required by the Intergovernmental Agreement between the City of Fort Collins and Larimer County, be withdrawn from the Consent Agenda. Councilmember Horak asked that Item #16, Resolution 88-136 Authorizing a Revision to the Intergovernmental Agreement with Larimer County for the Fort Collins Urban Growth Area, be pulled from the Consent Agenda. Councilmember Estrada requested Item #18, Resolution 88-138 Approving the Issuance of a Revocable Permit to Fanch Cablevision of Colorado for Construction in the Public Right -of -Way of Cable Television Lines and Appurtenances, be removed from the Consent Agenda. Councilmember Mabry asked that Item #13, Hearing and First Reading of Ordinance No. 120, 1988, Authorizing a Professional Services Agreement for Auditing Services, be withdrawn from the Consent Calendar. Councilmember Maxey requested that Item #10 Items Relating to the Buckeye Farms, Inc. and Harold D. Einarsen Annexation and Item #11 Items Relating to the Pine Ridge First Annexation, be pulled from the Consent Agenda. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #21, Pulled Consent Items. 5. Consider annrnval of the miniitoc nc IE The City's present investment program is guided by a resolution adopted in 1982. Since 1982, •the City's investment portfolio has dramatically increased in size and its diversity has widened 1 -265- September 6, 1988 ' considerably. This Ordinance, which was unanimously adopted on First Reading on August 16, expands the list of authorized investments to include a number of specific investments which are consistent with recommendations made by the Government Finance Officers Association and similar to investments being considered for authorization by the state of Colorado. The inclusion of these investments in the City's list of authorized investments will afford better flexibility in matching cash flow needs and may allow the City to increase its yields on the funds held within the investment portfolio. The Finance Committee reviewed and approved this item at its August 9 meeting. [M Items Pertaining to the City's Depository and Banking Services Award A. Second Reading of Ordinance No. 113, 1988, Authorizing the Purchasing Agent to Enter into a Five Year Award for Depository and Banking Services. Second Reading of Ordinance No. 109, 1988 Authorizing the Transfer of Appropriated Amounts from Utility Funds to the General Fund and Appropriating Prior Year Reserves in the General Fund. The City contracts with a local bank to be its depository for City funds and to provide banking services. First Interstate Bank of Fort Collins submitted the low bid providing the requested services at approximately $97,440 annually, dependent upon the volume of utility bill payments and sales/use tax returns processed by the Bank as a part of the lock box service, for the five year contract period. These Ordinances, which were unanimously adopted on First Reading on August 16, authorize the five year contract and appropriate the funds for banking services. The Code of the City of Fort Collins requires the approval of any case over $20,000 not requiring bidding. Staff is requesting a purchase from Mesa Fiberglass Products to supply fiberglass electrical vaults and lids as required for a five year period. This request is based on past performance by Mesa Fiberglass Products and the development and delivery problems experienced when these vaults were bid and awarded to another vendor. This Ordinance, which was unanimously adopted on First Reading on August 16, authorizes the award to Mesa Fiberglass. Service Svstem A study of the City's present Utility Billing System, authorized by Council in November 1986, has documented a large number of problem areas associated with the System. Many of today's problems are a -266- September 6, 1988 10 11 result of the decade -old technology under which the programs were originally written. The System users and utility customers are often frustrated by the System's inability to respond to their needs. Many tasks that should be automated are now performed manually. A competitive bid process identified an automated Utility Customer Service System by Moore Governmental Systems, Inc. (MGSI) of Baton Rouge, Louisiana running on Digital Equipment Corporation hardware as the best solution. On August 16, Council unanimously adopted Resolution 88-129, Authorizing the Purchasing Agent to Enter into an Agreement with Moore Governmental Systems, Inc. for Software and Professional Services for a Utility Customer Service and Billing System, and Resolution 88-130, Authorizing the Purchasing Agent to Purchase as a Case Not Requiring Bidding for Hardware, Systems Software, and Support Services from Digital Equipment. This Ordinance, which was unanimously adopted on First Reading on August 16, appropriates personnel costs associated with the implementation of the system. Items Relating to the Buckeye Farms Inc and Harold D Einarsen Annexation. A. Resolution 88-133 Finding Substantial Compliance and Initiating Annexation Proceedings for the Buckeye Farms, Inc. and Harold D. Einarsen Annexation. First Reading of Ordinance No. 114, 1988, Annexing Approximately 106.1376 Acres Known as the Buckeye Farms, Inc. and Harold D. Einarsen Annexation. C. First Reading of Ordinance No. 115, 1988, Zoning Approximately 106.1376 Acres Known as the Buckeye Farms, Inc./Harold D. Einarsen Annexation, into the I-L Limited Industrial District. APPLICANT: Harold Einarsen 526 Del Clair Road Fort Collins, CO 80525 OWNERS: Harold Einarsen and Sam Matsuda 1050 E. County Rd. 76 Wellington, CO 80549 This is a request to annex and zone approximately 106.1376 acres located north of Vine Drive and east of I-25. The requested zoning is the I-L Limited Industrial District with a condition that all development proceed as a planned unit development according to the criteria of the Land Development Guidance System. The property is presently undeveloped. This is a voluntary annexation. Items Relating to the Pine Ridge First Annexation A. Resolution 88-134 Initiating Annexation Proceedings for the Pine Ridge First Annexation. -267- September 6, 1988 12 13. B. First Reading of Ordinance No. 116, 1988, Annexing Approximately 23.1574 Acres Known as the Pine Ridge First Annexation. C. First Reading of Ordinance No. 117, 1988, Zoning Approximately 23.1574 Acres Known as the Pine Ridge First Annexation, into the R-F Foothills Residential District. APPLICANT: City of Fort Collins OWNER: City of Fort Collins This is a request to annex and zone approximately 23.1574 acres located east of Centennial Drive and south of Dixon Reservoir. The requested zoning is the R-F Foothills Residential District. The property is presently undeveloped. This is a voluntary annexation. Items Relating to the Pine Ridge Second Annexation A. Resolution 88-135 Initiating Annexation Proceedings for the Pine Ridge Second Annexation. B. First Reading of Ordinance No. 118, 1988, Annexing Approximately 333.4387 Acres Known as the Pine Ridge Second Annexation. C. First Reading of Ordinance No. 119, 1988, Zoning Approximately 333.4387 Acres Known as the Pine Ridge Second Annexation, into the R-F Foothills Residential District. APPLICANT: City of Fort Collins OWNER: City of Fort Collins This is a request to annex and zone approximately 333.4387 acres located east of Centennial Drive and south of Dixon Reservoir. .The requested zoning is the R-F Foothills Residential District. The property is presently undeveloped. This is a voluntary annexation. Requests for proposal for the audit services were sent to all CPA firms in Fort Collins,.all national CPA firms in Denver, and various other firms as determined by reviewing Colorado Society of CPAs directories and other appropriate listings. Proposals were received from 15 firms. The Finance Committee conducted interviews with the four firms determined to be the best in terms of meeting the City's needs (Peat Marwick Main & Co., the City's current auditors, Spicer & Oppenheim, Price Waterhouse, and Bondi and Company). Based on these interviews, the Finance Committee selected Price Waterhouse as the firm best suited to provide the audit services. e proposed into anagreement Ofor nauditing hoservices hwith r Price gWaterhou e Agent to efor r1988, ME September 6, 1988 14. 15. which agreement will be renewable on an annual basis through 1992 at ' the City's sole option. In that way, the agreement can be terminated at the end of any year during the five-year period if the auditing services provided are deemed by the City to be unsatisfactory. In December of 1985, Council established the South Lemay Avenue Special Improvement District No. 86. This 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 1.86 miles. This District was created as a companion district to the Provincetowne/Portner Estates South SID #81 which was established on October 30, 1984. The South Lemay SID 186 is comprised of two of the same properties found in the Provincetowne/Portner SID. In accordance with Chapter 22 of the City Code, the City began the closeout of this district with approval of Resolution 88-121, which accepted the improvements and ordered a notice to be _sent to property owners informing them of the assessment. A public hearing date of September 6, 1988 (at the regular City Council meeting) was set to hear any objections from the property owners. All notice requirements have been met. This Ordinance will place an assessment against each property in the ' district. The assessment amount for each property is listed in the assessment roll and includes the cost of construction, engineering, formation and financing of the district. The City contracts for repair, installation, and consulting services for its communications equipment. Requests for proposal. for the communications maintenance agreement were sent to seven firms. Proposals were received from two: Motorola Communications and Electronics Inc., and Gemini Communications Corporation. Motorola's proposal was to provide all of the repair services, on a time -and -materials basis, for $30/hour, while Gemini's proposal was to provide all of the repair services, on a time -and- materials basis, for $40/hour. Staff believes' that it is important to cultivate a long-term quality relationship with the provider of the communications maintenance, as this equipment is an integral part of providing quality service to the community. To attain this long-term quality relationship, staff is requesting a four-year agreement with Motorola Communications and Electronics Inc, renewable yearly, contingent upon continued good performance. The bid pricing will be held firm for the first two ' years of the agreement, and negotiated for the second two-year period. -269- September 6, 1988 ' 16. 17. El This Resolution authorizes a revision to the Intergovernmental Agreement which was approved by Resolution 88-48, pertaining to the Fort Collins Urban Growth Area (UGA). The Intergovernmental Agreement required all members of the Fort Collins Urban Growth Area Review Board to be residents of the UGA. The revision requires that the three members of the Board who are jointly appointed by the County Commissioners and City Council be residents of the UGA, but authorizes the City Council to appoint two members without regard to residency within the UGA, and authorizes the County Commissioners to appoint two members without regard to residency within the UGA. The request pertains to the Saddleback Preliminary Subdivision, Phases II, III, and IV, located on the west side of North Taft Hill Road approximately one-half mile north of Vine Drive. Saddleback Preliminary Subdivision, Phases II, III, and IV, consists of 71 lots on 35.42 acres. The parcel is located west of Saddleback Phase I, which consists of 27 lots on 14.4 acres and was approved in Larimer County in 1977. The request for a Waiver from the Public Street Capacity is justified under the terms of the Intergovernmental Agreement. The Saddleback Preliminary Subdivision qualifies as an "in -fill" development.=. A major goal of many of the policies of the Urban Growth Area Agreement is to encourage "in -fill" development proposals versus proposals in essentially undeveloped portions of the U.G.A. The Waiver request is subject to the collection of $700 per single-family home to be collected by Larimer County at the time of building permit issuance. This fee of $700 is fifty dollars less than the fee stipulated by the Planning and Zoning Board in its approval of August 22, 1988. The fee of $700 is based on further clarification with the Larimer County Planning Department. The Waiver request is also subject to the improvements stipulated in the Traffic Impact Analysis submitted to Larimer County as part of the requirements for a preliminary plat. Fanch Cablevision of Colorado, a Colorado Limited Partnership, doing business as "KIVA Cable", has requested permission from the City to -270- September 6, 1988 19 20 cross and use City rights -of -way and utility easements for the installation of a cable television line. The line would serve the Horsetooth and University mobile home parks located at the southwest corner of Horsetooth Road and Taft Hill Road. The area served is not within the City Limits. The proposed cable television route would follow Overland Trail, Drake Road, and Taft Hill Road. The lines would be installed underground. Since the City has no franchise agreement nor any other agreement with KIVA Cable, staff determined that issuance of a Revocable Permit and charging a fee for the use of City right-of-way and utility easements was the best way to regulate the use. KIVA will bear the entire cost of removing or relocating its system if the City requires that the system be moved. It is proposed that KIVA pay an annual fee which includes (1) an administrative fee for staff time required to prepare the permit and calculate the fees and (2) a fee to rent space for its system. The fee will be reviewed each year to update land values and to recalculate the length of KIVA's system within the City, which will increase as the City annexes more area. Resolution 88-132 Making Appointments to the Zoning Board of Appeals Three vacancies currently exist on the Zoning Board of Appeals due to the expiration of terms and.a resignation. The Council liaison has reviewed applications for the Zoning Board of Appeals and Planning and Zoning Board and conducted interviews. In keeping with CounciI's policy, recommendations for these appointments were announced on August 16. The appointments were tabled to September 6 to allow time for public input. The prospective appointees are: Name Carole Wilmarth (Alt.) Chuck Huddleson (Alt.) Paul Nelson Routine Deeds and Easements. Expiration of Term July 1, 1990 July 1, 1990 July 1, 1991 a. Quit Claim Deed from Fort Collins Business Center, Ltd. to the City of Fort Collins in connection with the realignment of N. Lemay Ave. The land had previously been dedicated as an easement. The Quit Claim Deed releases the land to the City as full right-of-way for the future alignment of North Lemay Avenue. Consideration: None. 271- September 6, 1988 ' b. Powerline easement from B. K. Maxwell Co., a Colorado Corporation. and Larry G. Intermill located on Lot 11, the Mallards at the Landings P.U.D., 4579 Seaboard Lane, needed to install underground electric services to serve a sprinkler control. Consideration: $10. c. Powerline easement from Eleanor A. Hoyt, 523 Edwards St., needed to underground existing overhead electric services. Consideration: $10. d. Powerline easement from Lorraine A. Calissi Corral and Virgilio Corral, 705 Stover, needed to underground existing overhead electric services. Consideration: $10. e. Deed from Spring Creek Farms for street right-of-way located north of Drake Road and east of the Union Pacific right-of-way. Consideration: $2,580. Ordinances on Second Reading were read by title by Wanda, Krajicek, City Clerk. Item #6. Collins. I Item #7. A. M Item #8. Item #9. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #10. B. IC. First Reading of Ordinance No 115 1988 Zoning Approx imately 106.1376 Acres Known as the Buckeve Farms Inc./ -272- September 6, 1988 Item ;11. B. C. Item =12. B. Item ;13. Item 14. Item =15. Annexation. C. Hearing and First Reading of Ordinance No 121 1988 Assessing the Cost of Improvements in the South Lemav Avenue Special Improvement District No 86 , Hearing and First Reading of Ordinance No. 122, 1988. Auth- Councilmember Estrada made a motion, seconded by Councilmember Maxey, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur.. Nays: None. . THE MOTION CARRIED. Items Relating to the Buckeye Farms, Inc. and Harold D. Einarsen Annexation Following is staff's memorandum on this item: "EXECUTIVE SUMMARY A. Resolution 88-133 Finding Substantial Compliance Annexation Proceedings for the Buckeye Farms, Inc. Einarsen Annexation. and Initiating and Harold D. -273- September 6, 1988 B. First Reading of Ordinance No. 114, 1988, Annexing Approximately 106.1376 Acres Known as the Buckeye Farms, Inc. and Harold D. Einarsen Annexation. First Reading of Ordinance No. 115, 1988, Zoning Approximately 106.1376 Acres Known as the Buckeye Farms, Inc./Harold D. Einarsen Annexation, into the I-L.Limited Industrial District. APPLICANT: Harold Einarsen OWNERS: Harold Einarsen and 526 Del Clair Road Sam Matsuda Fort Collins, CO 80525 1050 E. County Rd. 76 Wellington, CO 80549 This is a request to annex and zone approximately 106.1376 acres located north of Vine Drive and east of 1-25. The requested zoning is the I-L Limited Industrial District with a condition that all development proceed as a planned unit development according to the criteria of the Land Development Guidance System. The property is presently undeveloped. This is a voluntary annexation. BACKGROUND The owners Harold D. Einarsen and Sam Matsuda have submitted a written petition requesting annexation. of approximately 106.1376 acres located north of Vine Drive and east of I-25. The property is presently undeveloped. This is a voluntary annexation. The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA, the City will annex property in the UGA when the property is eligible for annexation according to State law. The property gains the required 116 contiguity to existing city limits from a common boundary with the Vine Business Park Annexation to the west. The requested zoning for this annexation is the I-L Limited Industrial District with a condition that all development proceed as a planned unit development according to the criteria of the Land Development Guidance System. The 1-L District designation is for light industrial uses. Given the property's location adjacent to I-25 and in close proximity to the interchange, the eventual development of industrial and commercial land uses is highly probable. According to the City's LAND USE POLICIES PLAN, industrial and commercial uses should locate near transportation facilities that offer adequate access without creating demands which exceed the capacity of the existing transportation network, and in areas where proper utilities can be provided. This site addresses these locational policies. There are no immediate development plans for the property., Findings: -274- September 6, 1988 1. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the INTERGOVERNi1ENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. 2. The area meets all criteria included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. The attached Resolution accepts the annexation petition and determines that the petition is in compliance with State law. The Resolution initiates the annexation process for this property by establishing the date, time and place when a public hearing will be held regarding the reading of Ordinances annexing and zoning the area. A public hearing and second reading of the Ordinances annexing and zoning the property will be considered by the City Council on October 18, 1988. 4. The requested I-L Limited Industrial District is in conformance with the policies of the City's Comprehensive Plan. Planning and Zoning Board Recommendation• The Planning and Zoning Board, at its regular monthly meeting of August 22, 1988, voted 7-0 to recommend approval of the annexation and requested zoning, as part of the Board's consent agenda." Councilmember Kirkpatrick made a motion, seconded by Councilmember Maxey to adopt Resolution 88-133. Chief Planner Ken Waido responded to questions from Council. The vote on Councilmember Kirkpatrick's motion to adopt Resolution 88-133 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Maxey, Stoner, and Winokur. Nays: None. (Councilmember Mabry out of the room) THE MOTION CARRIED. Counci.lmember Maxey made a motion, seconded by adopt Ordinance No. 114, 1988 on First Reading. Estrada, Horak, Kirkpatrick, Maxey, Stoner, and (Councilmember Mabry out of the room) THE MOTION CARRIED. Councilmember Winokur to Yeas: Councilmembers: Winokur. Nays: None. Councilmember Kirkpatrick made a motion, seconded by Councilmember Estrada to adopt Ordinance No. 115, 1988 on First Reading. Yeas: Councilmembers: Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and. Winokur. Nays: None. THE MOTION CARRIED. 1 11 -275- September 6, 1988 Items Relating to the Pine Ridge First Annexation. Following is staff's memorandum on this item: "EXECUTIVE SUMMARY Resolution 88-134 Initiating Annexation Proceedings for the Pine Ridge First Annexation. First Reading of Ordinance No. 116, 1988, Annexing Approximately 23.1574 Acres Known as the Pine Ridge First Annexation. First Reading of Ordinance No. 117, 1988, Zoning Approximately 23.1574 Acres Known as the Pine Ridge First Annexation, into the R-F Foothills Residential District. APPLICANT: City of Fort Collins OWNER: City of Fort Collins This is a request to annex and zone approximately 23.1574 acres located east of Centennial Drive and south of Dixon Reservoir. The requested zoning is the R-F Foothills Residential District. The property is presently undeveloped. This is a voluntary annexation. BACKGROUND ' The City of Fort Collins acquired the Pine Ridge open space incrementally between 1976 and 1979, as part of its open -space land acquisition program. The purpose of the open space is to provide a scenic backdrop for the City and preserve native landscape and wildlife habitat close to the urban core. A gravel parking lot has been established at the north end of the property. When the Spring Creek trail is extended west, it will meet the Foothills trail at the Pine Ridge trail head. The Parks and Recreation Department does not anticipate further development of the open space. The property is located outside the Fort Collins Urban Growth Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the INTERGOVERMMEliTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA, the City may annex property outside the UGA provided that notification, along with an annexation impact report, is sent to the Board of County Commissioners by certified mail 35 days prior to the public hearing. The property is eligible for.annexation according to State law, gaining the required 116 contiguity to existing city limits from a common boundary with the Overland Hills Annexation to the east. The requested zoning for this annexation is the R-F Foothills Residential District. The R-F District allows public recreational uses as a principal use. Findings: II. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins -276- September 6, 1988 contained in the INTERGOVERNMENTAL AGREEPIENT FOR THE FORT COLLINS URBAN GROWTH AREA. 2. The area meets all criteria included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. The attached Resolution initiates the annexation process for this property by establishing the date, time and place when a public hearing will be held regarding the reading of Ordinances annexing and zoning the area. A public hearing and second reading of the Ordinances annexing and zoning the property will be considered by the City Council on October 18, 1988. 4. The requested R-F Foothills Residential District is in conformance with the policies of the City's Comprehensive Plan. Planning and Zoning Board Recommendation: The Planning and Zoning Board will hear the annexation request at its regular monthly meeting on September 26, 1988. The Board, will forward a recommendation and any comments to the City Council prior to the public hearing and second reading of the Annexation Ordinance on October 18, 1988." Councilmember Maxey made a motion, seconded by Councilmember Mabry, to adopt Resolution 88-134. Chief Planner Ken Waido responded to questions from Council. The vote on Councilmember Maxey's motion to adopt Resolution 88-134 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Winokur made a motion, seconded by Councilmember Estrada to adopt Ordinance No. 116, 1988 on First Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Mabry made a motion, adopt Ordinance No. 117, 1988 on Estrada, Horak; Kirkpatrick, Mabry, None. THE MOTION CARRIED. seconded by Councilmember Winokur to First Reading. Yeas: Councilmembers Maxey, Stoner, and Winokur. Nays: -277- September 6, 1988 ' Ordinance No. 120, 1988, Authorizing a Professional Services Agreement for Auditing Services, Adopted on First Reading Following is staff's memorandum on this item: "FINANCIAL IMPACT The agreement with the auditors calls for fees not to exceed 336,000 for 1988, $37,400 for 1989, $38,800 for 1990, $40,700 for 1991 and 540,700 for 1992. EXECUTIVE SUNMARY Requests for proposal for the audit services were sent to all CPA firms in Fort Collins, all national CPA firms in Denver, and various other firms as determined by reviewing Colorado Society of CPAs directories and other appropriate listings. Proposals were received from 15 firms. The Finance Committee conducted interviews with the four firms determined to be the best in terms of meeting the City's needs (Peat Marwick Main & Co., the City's current auditors, Spicer & Oppenheim, Price Waterhouse, and Bondi and Company). Based on these interviews, the Finance Committee selected Price Waterhouse as the firm best suited to provide the audit services. The proposed. Ordinance authorizes the Purchasing Agent to enter into an agreement for auditing services with Price Waterhouse for 1988, which agreement will be renewable on an annual basis through 1992 at the City's sole option. In that way, the agreement can be terminated at the end. of any year during the five-year period if the auditing services provided are deemed by the City to be unsatisfactory." Councilmember Winokur made a motion, seconded by Councilmember Horak to adopt Ordinance No. 120, 1988 on First Reading. Councilmember Mabry requested information on selection criteria that was used. . Councilmember Horak noted that fifteen proposals were received. He stated staff reviewed proposals, recommendations were made and four firms were selected for interviews with the Finance Committee. Councilmember Winokur summarized the questions, format, and technical criteria that was used to make the final selections. Jim Creeden, Fort Collins resident, stated he believed the Finance Committee did a good job in the selection process. -278- September 6, 1988 Councilmember Kirkpatrick encouraged the need for better communication involved on the subcommittees. the use of subcommittees and stressed between Councilmembers who are not The vote on Councilmember Winokur's motion to adopt Ordinance No. 120, 1988 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 88-136 Authorizing A Revision to the Intergovernmental Agreement with Larimer County for the Fort Collins Urban Growth Area, Adopted Following is staff's memorandum on this item: "EXECUTIVE SUMMARY This Resolution authorizes a revision to the Intergovernmental Agreement which was approved by Resolution 88-48, pertaining to the Fort Collins Urban Growth Area (UGA). The Intergovernmental Agreement required all members of the Fort Collins Urban Growth Area Review Board to be residents of the UGA. The revision requires that the three members of the Board who are jointly appointed by the County Commissioners and City Council be residents of the UGA, but authorizes the City Council to appoint two members without regard to residency within the UGA, and authorizes the County Commissioners to appoint two members without regard to residency within the UGA. BACKGROUND On April 19, 1988, the .Council adopted Resolution 88-48, authorizing the Mayor to enter into the revised Intergovernmental Agreement with Larimer County for the Fort Collins Urban Growth Area (UGA). On June 6, 1988, the County Commissioners approved and authorized the same agreement with one revision. That revision changed the requirement, as approved by Council, that all members of the Fort Collins Urban Growth Area Review Board be residents of the UGA. Under the change as instituted by the County Commissioners, the three members of the Review Board who are to be jointly appointed by the County Commissioners and the City Council must reside within the UGA. However, the two members to be appointed by the City Council could reside either within or without the UGA. Similarly, the two members to be appointed by the County Commissioners would not be required to reside within the UGA. All of the other provisions of the Intergovernmental Agreement remain the same as previously authorized by Resolution 88-48. Since this change was not approved by the Council in Resolution 88-48, staff believes that the 1 1 -279- September 6, 1988 ' Council should consider the adoption of this Resolution authorizing this change." Councilmember Estrada made a motion, seconded by Councilmember Mabry to adopt Resolution 88-136. Councilmember Horak stated there was no need for changes in the Agreement and stated he would not support the motion. The vote on Councilmember Estrada's motion to adopt Resolution 88-136 was as follows: Yeas: Councilmembers Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: Councilmembers Estrada and Horak. THE MOTION CARRIED. Resolution 88-137 Authorizing a Waiver From the Public Street Capacity Requirement to Construct Off -site Street Improvements as Required by the Intergovernmental Agreement between the City of Fort Collins and Larimer County Denied Following is staff's memorandum on this item: "FINANCIAL IMPACT ' The financial impact of waiving the requirement to .construct or fully improve off -site streets to the standards indicated on the City's Flaster Street Plan will be mitigated by charging a fee of $700 per single-family home to be collected by Larimer County at the time of building permit issuance. EXECUTIVE SUMMARY The request pertains to the Saddleback Preliminary Subdivision, Phases II, 111, and IV, located on the west side of North Taft Hill Road approximately one-half mile north of Vine Drive. Saddleback Preliminary Subdivision, Phases 11, III, and IV, consists of 71 lots on 35.42 acres. The parcel is located west of Saddleback Phase 1, which consists of 27 lots on 14.4 acres and was approved in Larimer County in 1977. The request for a Waiver from the Public Street Capacity is justified under the terms of the Intergovernmental Agreement. The Saddleback Preliminary Subdivision qualifies as an "in-Fi17" development. A major goal of many of the policies of the Urban Growth Area Agreement is to encourage "in -fill" development proposals versus proposals in essentially undeveloped portions of the U.G.A. ' The Waiver request is subject to the collection of $700 per single-family home to be collected by Larimer County at the time of building permit Im September 6, 1988 issuance. This fee of $700 is fifty dollars less than the fee stipulated ' by the Planning and Zoning Board in its approval of August 22, 1988. The fee of S700 is based on further clarification with the Larimer County Planning Department. The Waiver request is also subject to the improvements stipulated in the Traffic Impact Analysis submitted to Larimer County as part of the requirements for a preliminary plat. The Waiver request was recommended for approval by the Planning and Zoning Board, by unanimous vote on its Consent Calendar, at its regular meeting of August 22, 1988. Staff believes that granting the request for a Waiver from the Public Street Capacity will not jeopardize the public health, safety, and welfare and that the intent and purpose of the Urban Growth Area Agreement will be maintained." Councilmember Maxey made a motion, seconded by Councilmember Estrada to adopt Resolution 88-137. City Planner Ted Shepard gave a brief presentation. He and,Chief Planner Ken Waido responded to questions from Council. Mike Jones, Northern Engineering, clarified the issues that were discussed at the County Commissioners meeting. Councilmember Kirkpatrick stated she would not be supporting the ' Resolution. Councilmember Maxey stated he would also not be supporting the Resolution. The vote on Councilmember Maxey's motion to adopt Resolution 88-137 was as follows: Yeas: Councilmember Stoner. Nays: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. THE MOTION FAILED. Resolution 88-138 Approving the Issuance of a Revocable Permit to Fanch Cablevision of Colorado for Construction in the Public Right -of -Way. of Cable Television Lines and Appurtenances Adopted Following is staff's memorandum on this item: -281- September 6, 1988 I J "EXECUTIVE SUMMARY Fanch Cablevision of Colorado, a Colorado Limited Partnership, doing business as "KIVA Cable", has requested permission from the City to cross and use City rights -of -way and utility easements for the installation of a cable .television line. The line would serve the Horsetooth and University mobile home parks located at the southwest corner of Horsetooth Road and Taft Hill Road. The area served is not within the City Limits. The proposed cable television route would follow Overland Trail, Drake Road, and Taft Hill Road, as shown on the attached map. The ]ines would be installed underground. Since the City has no franchise agreement nor any other agreement with KIVA Cable, staff determined that issuance of a Revocable Permit and charging a fee for the use of City right-of-way and utility easements was the best way to regulate the use. KIVA will bear the entire cost of removing or relocating its system if the City requires that the system be moved. It is proposed that KIVA pay an annual fee which includes (1) an administrative fee for staff time required to prepare the permit and calculate the fees and (2) a fee to rent space for its system. The fee will be reviewed each year to update land values and to recalculate the length of KIVA's system within the City, which will increase as the City annexes more area. The proposed fee for the first year is' $1038. This includes a $100 administrative fee and a right-of-way use fee of $938. The use fee was calculated using a formula that includes the following basic elements: 1) Length of the cable within City right-of-way 2) 10' of width for an easement 3) Current market value for an easement 4) An 8% return on the value for "rent" of the easement. It is planned that the fee be adjusted every year to account for additional length of the cable system that has been annexed into .the City and for changes in land values. Two alternatives were considered in determining a method to charge for the right-of-way use. The first was to charge a one-time fee for the actual value of an easement controlled by a revocable permit. The second was to rent the space and charge a use fee based upon a reasonable rate of return for the property value. The second alternative was selected because it provided the means to review the permit annually, and because the City was not selling KIVA something at full market value that could make it more difficult for the City to take back in the future. All of the utilities, including Columbine Cablevision, have reviewed the proposal and have no objections to the issuance of the permit." -282- September 6, 1988 Councilmember Winokur made a motion, seconded by Councilmember Maxey, to adopt Resolution 88-138. Councilmember Estrada asked questions concerning liability and responsibility for cable quality. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Winokur, and Stoner. THE MOTION CARRIED. Councilmember Reports Councilmember Maxey noted he represented the Poudre Fire Authority at the Fire Chief's Convention and Trade Show in Washington D.C. He noted the Poudre Fire Authority is held in high esteem across the United States. Councilmember Kirkpatrick mentioned the death of Terry Sarazin who was a member of the Convention and Visitors' Bureau. Councilmember Horak spoke of the document distributed by the Wastewater Utility which outlines the Utility's history. Ordinance No. 123, 1988, Amending ' Section 26-543 of the Code by the Adoption of a Revised Master Drainage Plan for the Spring Creek Basin, Adopted on First Reading Following is staff's memorandum on this item: "FINAIJCIAL IMPACT A financing plan for Spring Creek drainage improvements exists and is based on the 1980 Spring Creek Master Plan. The one-time new development fee base rate will not change and is $1,505/acre or $83 for an average single-family residential home. The one-time new development fee for a six -thousand -square -foot business site is approximately $166. The current monthly capital fee for an average single-family residential home is SO.85. A six -thousand -square -foot business site would pay approximately $1.72 per month. The development fee and monthly capital fee are consistent with the bond issuance fees and are consistent with the long-term financial plan for the Spring Creek Basin. -283- September 6, 1988 EXECUTIVE SUMMARY The Spring Creek Master Drainage Plan has been updated. Several alternative plans were evaluated, with the proposed plan being the most economical. The updated plan and the 1980 plan are similar except for proposed improvements between College Avenue and the Burlington Northern Railroad. The recommended plan impacts 29 mobile home residences as compared to 93 in the 1980 plan and costs $2.0 million as compared to $4.1 in the original plan. The floodplain has been identified and is similar for both studies. Approval of the Master Drainage Plan would allow final design and construction of a channel between College Avenue and the Burlington Northern Railroad. BACKGROUND The 1980 Spring Creek Master Drainage Plan has been updated based on existing and proposed developments in the Spring .Creek Basin. The Plan identifies floodplain areas and recommends improvements to reduce flood damage to existing properties. Consistent with previous studies, major floodplains were identified along Spring Creek near Stuart and Stover Streets and between College Avenue and the Burlington Northern Railroad. Ponding areas are located west of the Colorado & Southern Railroad near Timberline Road, west of the Burlington Northern Railroad, through Rolland Moore Park and west of Taft Hi1.l Road. Recommended improvements downstream of College Avenue consist of new ' crossings at Stuart, Stover, and Welch Streets and the Colorado & Southern Railroad near Timberline Road, and grass lined channel improvements between Stuart and Stover Streets. From College Avenue to the Burlington Northern Railroad, the Plan recommends a grass -lined channel west of the existing bridge at College Avenue, which would connect to new culverts through the railroad embankment. The new culverts are sized to limit flow to current rates. and not increase downstream flooding potential. The existing culvert under the Burlington Northern railroad tracks will be restricted. During a storm, ponding will continue to occur west of the Burlington Northern Railroad embankment. Improvements are recommended at crossings of the irrigation canals through Rolland Moore Park, at Drake Road, and at a detention pond upstream of Taft Hill Road. A schematic of the Plan is shown in the attached diagram. The construction of the improvements would be phased over 20 years. The first improvements to be constructed would be the channel and crossing between College Avenue and the Burlington Northern Railroad. Within the next 2 to 6 years the ditch crossings through Rolland Moore Park and the channel at Stuart and Stover would be improved. The following years improvements would be made at Welch Street, at the. Colorado & Southern Railroad near Timberline, and at Drake Road. Property owners along Spring Creek near College Avenue and the Burlington ' Northern Railroad have been involved in project review meetings since -284- September 6, 1988 October, 1986. As specific alternatives were evaluated numerous meetings ' and discussions with mobile home park owners took place. The first contact with the residents of the three mobile home parks in the area was through a newsletter in November, 1987 after the identification of the most probable alternatives. Since then, City staff has responded to dozens of phone calls from area residents. The Mawhinney Thomas Mobile Home Park residents were notified of the August 29, 1988 public meeting again with hand delivered flyers. Property owners near or along the entire length of the Spring Creek floodplain also received notification of the public meeting through a mailing. Press releases were made when the Kentucky Fried Chicken building was purchased and prior to the August, 1988 public meeting. Since September 18, 1987, there have been four news stories related to the Spring Creek master plan and stories on local cable and radio stations. During the development of the master plan, the Storm Drainage Board discussed the plan at seven meetings since April, 1987. The Board recommended approval of the Spring Creek Master Plan at their August, 1988 meeting. A public open house was held August 29, 1988. The floodplain information and recommended improvement plans were presented. Sixteen citizens attended the meeting. Most of the questions related to relocation of the 29 residences that would be impacted by the project between College Avenue and the Burlington Northern Railroad. Attached are minutes of this , meeting. The non-profit organization, WHERE ('r_101 Have Equitable Relocation), works in the Denver area on similar relocation projects and will work for the City on this project. The approach to the relocation is divided into four phases. The four phases are: identify individual needs, evaluate suitability of housing alternatives, match residents to available housing and negotiate leases, and coordinate the move. Because of the complexity of the relocation process, staff proposes to contract with WHERE in the next month and start the process to identify individual needs. Staff proposes to use the expertise of the Housing Authority and Neighbor to Neighbor along with the WHERE organization through the relocation process. Initially, staff expected the relocation process to take 6 months. More recent estimates are up to 12 months. The total cost of the Plan for Spring Creek is $6.2 million with a benefit cost ratio for the entire basin of 0.97. Benefits are identified as a reduction in the estimated average annual flood damages. The benefit cost ratio would be much greater than 0.97 if a dollar cost were associated with public safety and the loss of life. The initial phase of improvements from College Avenue to the Burlington Northern Railroad has a benefit cost ratio of 1.3. Future improvements lower the benefit cost ratio because they do not take into account the need for public safety and the replacement of worn or obsolete storm drainage structures. -285- September 6, 1988 ' The Spring Creek financing plan will not be affected by the improvements for the recommended Master Plan. The base rate for the one-time new development fee for Spring Creek is S1,505/acre and the average single-family resident monthly fee is $0.85. Comparisons to the new development fee for other drainage basins and to the average single-family resident monthly capital fee follow: . BASIN 1989 1988 DEVELOPNE11T MONTHLY CAPITAL FEE FEE Spring Creek $1,505.00 $0.86 Foothills 5,024.00 1.04 Fox Meadows 4,253.00 1.47 McClelland/ Nail Creek 3,021.00 2.50 Canal Importation 5,375.00 1.43 Dry Creek 4,043.00 0.78 West Vine 7,004.00 0.92 Evergreen/Greenbriar 10,000.00 2.50 Fossil Creek 2,274.00 2.17 Cooper Slough 3,000.00 1.19 Old Town 2,500.00 1.25 Notes 1. Monthly capital fees are for an average single-family residential home. 2. Fees for Cooper Slough and Old Town Basins are estimated and not yet approved." Councilmember Mabry made a motion, seconded by Councilmember Maxey, to adopt Ordinance No.. 123, 1988 on First Reading. Civil Engineer Jan Kimzey presented a site video explaining the project and responded to questions from Council. Barbara Lobby, Denver relocation expert, answered questions on the impact of the relocation process. The vote on Councilmember Mabry's motion to adopt Ordinance No. 123, 1988 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Public Hearing Regarding City Participation in the 1988 Colorado ' Local Mortgage Bond Program -286- September 6, 1988 Following is staff's memorandum on this item: ' "FINANCIAL IMPACT The mortgage revenue bonds will be paid by the participants in the Program. The bonds do not constitute a liability or debt of the City. EXECUTIVE SUhINARY On July 5, 1988, the Council of the City of Fort Collins adopted a resolution authorizing the City to participate in the local issuers single family mortgage bond program. Under the Tax Equity and Fiscal Responsibility Act, entities participating in such programs are required to conduct a public hearing at which all interested persons are invited to attend and express their views, both orally and in writing, on the proposed issuance of the mortgage bonds. The goal of the 1988 local mortgage bond program is to provide mortgages for single family homes for low and middle income individuals and families. Up to $80,000,000 will be issued for such purposes in participating cities. Up to $2,500,000 is available to the City to provide mortgages for single-family homes for low and middle income individuals and families. If the City wishes to participate in this program, it must determine the following: 1. The income limits of eligible participants; , 2. The maximum purchase price for homes purchased under the program; and 3. The areas within the City where eligible homes can be located. Staff recommends that: I. the maximum income level be set at $39,455 for 3 and 4 person households and $34,600 for 1 and 2 person households. 2. the maximum purchase price be $75,000. 3. the target areas be identified through the neighborhood statistics program. Council will review citizen comments and the staff recommendation prior to deciding if the City will participate and what the requirements for eligibility in the program will be. -287- September 6, 1988 BACKGROUND Since 1978, cities and counties have issued mortgage revenue bonds to provide lower than market interest rate mortgages for qualified low and middle income individuals and families. Such programs have also allowed targeting the use of the mortgage revenue bond proceeds to federally designated low income census tracts. Last year the City of Fort Collins benefitted indirectly from the local mortgage program. Larimer County was a participant in the program and 15 mortgages were originated within the City's corporate limits. See Attachment 1 for details on mortgages originated within the City. One of the City Council's established goals is to increase the quality and affordability of housing. By participating in this program the City can further this goal for a segment of the low and middle income population of Fort Collins At this date, Larimer County has not decided to participate. There is the possibility that they may develop their own program or choose to join this one at a later time. The City may shape the program to meet specific objectives through three major decisions, namely, setting the income level lower than the federal maximum, setting the maximum purchase price lower than the federal maximum, and by designating the areas within the City for the use of the mortgage bond proceeds. Income Levels The federal government has established maximum income levels for participants in single family mortgage bond programs. The top Limit is established by multiplying the median family income for a 4 person family by 115%. Presently, this calculation yields a top income limit of $39,445. Denver and other communities will be able to set their limits slightly higher because their median family incomes are higher. The City may choose to set the limits lower if it so desires. In census tracts that qualify under federal guidelines as low income, the income limit rises to 1401' of the median, or $48,020. While this may allow reinvestment by higher income families in lower income census tracts (a desirable effect), it may also limit participation by lower income families. Maximum Purchase Price Presently, the maximum purchase price for homes purchased under this program is $102,500. From Attachment 1, it can be seen that last year's average purchase price was dramatically lower within the City limits. This is because Larimer County established'a maximum purchase price lower than the federally allowed limit. IN" September 6, 1988 City Established Target Areas In addition to the target areas that are determined by federal guidelines on census tract income levels, the City may designate other specific areas for special criteria. The City has been able to identify portions of certain census tracts through a Neighborhood Statistics program as target areas for the Community Development Block Program. It is possible that these designated areas could receive special treatment under the program. Staff Recommendations Income Level: Staff recommends that the maximum income level be set at $39,455 for 3 and 4 person households and $34,600 for 1 and 2 person households. Rationale for this recommendation is to recognize that housing prices within Fort Collins are slightly higher than the average of the County and this would increase the number of potential participants in the program. It also recognizes that family size has an influence on the ability to purchase. Finally, it is consistent with what other cities and counties intend to do within their jurisdictions, that is vary income by family size. Within federally determined target areas, it is recommended that the income levels be increased only slightly to S43,400 for 3 and 4 person households and $39,000 for I and 2 person households. This will address both the reinvestment goal and limit ,the program to more low to middle income families. Maximum Purchase Price• Staff is recommending that the maximum purchase price be set higher than the average from last years program, but still slightly lower than the average cost of a new home within Fort Collins. That price is $75,000, approximately 20 percent higher than the average of last year and roughly 15 percent lower than the present average- sales price for single-family houses in the City. City Designated Target Areas• Staff recommends that efforts be made to encourage participating lenders and real estate brokers to actively attempt to place mortgages within target areas identified through the Neighborhood Statistics program. We are currently seeking a legal opinion from bond counsel to determine whether the higher income levels can be applied to City designated target areas. Administration of the Program• The key to the local mortgage bond program is participation by local banks and savings and loans. In last year's program, only one financial institution from Larimer County participated in the program. The lead city in the program, Denver, will be hosting a meeting for interested financial institutions later this month. Once specifics are known, all potential local institutions will be notified. One reason for limited participation in last year's program is the limited number of mortgages. The program is fairly complicated and requires a commitment by the lender to actively participate in the program. If the City of Fort Collins receives the maximum contemplated, $2,500,000, only 40 mortgages could be expected. Participating lenders from prior years MM" September 6, 1988 usually urge the cities and counties specifications as simple to keep the qualifications and program as possible. Timeline for Program September e Identify final list of participating cities and counties m Request additional funding allocation from Statewide balance o Hold meeting with interested financial institutions October o Final structuring of the transaction s Determine appropriate time for marketing of bonds o Issuance may be affected by market rate fluctuations o Funds may not be available until November or December." Alan Krcmarik gave a brief presentation on the progress that has been made so far and answered questions. Resolution 88-139 Recommending a Type of Facility for the Fort Collins Parkway and Authorizing the Mayor and City Manager to Promote the Same Following is staff's memorandum on this item: "EXECUTIVE SUMMARY The Colorado Department of Highways (CDOH) is preparing a Supplemental Environmental Impact Statement (S-EIS) for the segment of the Fort Collins Parkway between U.S. Highway 287 on the west and Interstate 25 on the east. In addition to considering a number of alternative alignments, the CDOH has indicated a type of facility it believes appropriate to respond to interstate transportation needs. Such a facility is planned to connect_ the cities of the state and adjacent state highway systems. BACKGROUND Staff believes that the type of expressway facility planned for this segment of the project by CDOH is oversized given projected traffic volumes. Staff believes a parkway type of facility will: (1) meet interstate and inter -city transportation needs now and into the future; (2) be lower in cost; (3) require less right-of-way and attendant disruption to property; and (4) be more environmentally, socially, and aesthetically acceptable to the communities directly affected by such a facility. -290- September 6, 1988 The goal is to maximize State Highway funding, provide a project the ' community can endorse, and promote a facility that will further the interstate transportation needs of the CDOH while still meeting projected traffic demand. The question of the most appropriate alignment for the facility between U.S. Highway 287 and Interstate 25 is subject to the S-EIS. It would be premature on the part of staff to recommend a preferred alignment until the S-EIS is available for review and consideration. However, staff believes the type of facility to be ultimately constructed will have a direct bearing on the acceptability of an alignment." Councilmember Winokur made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 88-139. Mike Davis gave a brief presentation on the parkway and answered questions. The following persons spoke on the item: 1. Rod Ridle, spoke against the item. 2. Mel Schamberger, 1 Steeplechase Court, spoke against the item. 3. Charles Keil, 551 Spindrift Court, spoke in favor of the item. 4. Theresa Gorman, 1805 Linden Lake Court, spoke against the item. 5. Jim Quinlan, owner Rocky Mountain Surplus, spoke against the item. 6. Joe Solomon, 1721 Lindenwood Drive, spoke against the item. ' 7. Jim Noll, Evergreen Park Subdivision, spoke against the item. 8. Joe Barry, 1701 Lindenwood Drive, spoke against the item. 9. George Thorton, 4 Steeplechase Lane, spoke of a conflict of interest. 10. Kurt Smeester, 1200 Clark, spoke against the item. 11. Bob Phillips, 2 Windjammer Cove, spoke against the item. 12. Barry Feldman, Lindenwood Drive, spoke against the item. 13. David Massey, 1320 Windjammer Cove, spoke against the item. 14. Kent Fuller, 925 Sitka, spoke against the item. 15. Hubert Schmidt, 1401 Linden Lake Road, gave technical information. 16. Joyce Barry, 1701 Lindenwood Drive, noted the need for more facts. 17. Jim Creeden, Fort Collins resident, suggested a toll road concept. Councilmember Horak commended the Colorado Department of Highways' research into the development of proposed routes. He encouraged more investigation and suggested the State focus on a parkway concept in its draft EIS, and suggested the City Manager draft an agenda item presenting the alignment alternatives. He stated once the draft was completed the State would be able to look at all possible alternative routes to determine which would best suit the City's transportation needs. . Councilmember Kirkpatrick questioned the value an expressway would have for Fort Collins. She expressed support for making the State Highway Department aware of Fort Collins' interest in the parkway concept. She suggested the Resolution be re -worded. -291- September 6, 1988 Councilmember Estrada encouraged the idea of a parkway and supported revision of the Resolution. Councilmember Maxey commented on the bypass relocation and truck traffic problems that face Fort Collins. He stated he would not support the Resolution in its present form. Councilmember Winokur withdrew his original motion to adopt Resolution 88-139. Councilmember Kirkpatrick, agreed to withdraw her second. Councilmember Horak made a motion, seconded by Councilmember Estrada, as follows: - to request that the State Highway Department include evaluation of the parkway concept in its draft Environmental Impact Statement (EIS). - to direct the City Manager to bring an agenda item outlining an alignment recommendation after the draft EIS is completed. - to encourage the State Highway Department to look at all routes that are suited to the Fort Collins truck traffic needs of the future, not limited to the four current alternatives. Councilmember Kirkpatrick expressed the need for Council action once.the Environmental Impact Statement is available and stated she would support the motion. Councilmember Winokur stated he would support the motion. Mayor Stoner indicated he would be supporting the motion. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Public Hearing on the 1989 Recommended Budget and Proposed Uses for Revenue Sharing Funds in 1989 City Manager Burkett gave a brief presentation on the key points of the 1989 Budget. The following people spoke on the Recommended Budget: I. Larry Scott, 2821 Eagle Drive, stated the budget plan was incomplete. 2. Sandy Salvas, 3000 Ross Drive, President Elect of the Women's Center Of of Larimer County, requested $5000 to support a community child ' care and referral service. -292- September 6, 1988 3. Carol Plock spoke of the joint grant request submitted with Lutheran ' Social Services. 4. Bruce Lockhart, 2500 East Harmony Road, spoke against certain aspects of the proposed budget. 5. Jim Creeden, Fort Collins resident, questioned the dollar amount spent in recent law suits. Resolution 88-140 Assigning a Councilmember as Liaison Representative to the Urban Growth Area (UGA) Review Board. Following is staff's memorandum on this item: "EXECUTIVE SUMMARY The City and Larimer County are currently soliciting applications for the Urban Growth Area Review Board. The deadline for the applications is Monday, September 12. Board make-up will be as follows: - 2 members appointed by the City Council - 2 members appointed by the County Commissioners - 3 members appointed jointly , Accordingly, Council will need to select a liaison to (along with another Councilmember) interview the applicants and recommend the City's two appointees to the entire Council. The liaison will also work with Commissioner Hotchkiss on the mutual appointments. The first meeting of the UGA Review Board is tentatively scheduled for November." Councilmember Maxey made a motion, seconded by Councilmember Mabry, to adopt Resolution 88-140 inserting Ed Stoner as the liaison. Councilmember Horak made a motion, seconded by Councilmember Winokur, to amend Resolution 88-140 to insert Susan Kirkpatrick as the liaison and suggested Ed Stoner as the interview partner. Councilmember Maxey suggested a review of Council liaison assignments. Councilmember Winokur noted the qualifications of Mayor Stoner and Councilmember Kirkpatrick for this assignment. The vote on Councilmember Horak's motion to amend Resolution 88-140 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick and Winokur. Nays: Councilmembers Mabry, Maxey, and Stoner. THE MOTION CARRIED. , -293- September 6, 1988 IThe vote on Councilmember Maxey's motion to adopt Resolution 88-140 as amended was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: Mayor Stoner. THE MOTION CARRIED Other Business Councilmember Kirkpatrick made a motion, seconded Councilmember Maxey, to direct staff to research the possibility of amending the Code to provide an opportunity for training dogs off -lead and to investigate the development of a licensing process to protect the community from vicious dogs. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Winokur, and Stoner. Nays: None. • THE MOTION CARRIED. Councilmember Maxey made a motion, seconded by Councilmember Horak, to direct staff to prepare legislation that would amend certain portions of the EPIC advertising policy relating to alcoholic beverages. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, and Stoner. Nays: Councilmember Winokur. ' THE MOTION CARRIED. Councilmember Winokur made a motion, seconded by Councilmember Horak, to direct staff to prepare an ordinance for Council consideration which would appropriate $5000 from either Vipont IDRB bond proceeds or from revenue sharing funds to fund the Women's Center child care referral program or to identify the item specifically in the 1989 Budget. Councilmember Kirkpatrick questioned the need for a specific motion outside of the budget process. The vote on.Councilmember Winokur's motion relating to the child care referral program was as follows: Yeas: Councilmembers Estrada, Horak, Mabry, Maxey, Stoner and Winokur. Nays: Councilmember Kirkpatrick. THE MOTION CARRIED. Councilmember Winokur made a motion, seconded by Councilmember Horak, to schedule a work session or an agenda item to consider Charter amendments regarding direct election of the Mayor, either under the current form of government or other alternative forms of government. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. -294- September 6, 1988 Adjournment ' Councilmember Kirkpatrick made a motion, seconded by Councilmember Maxey, to adjourn the meeting. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. The meeting adjourned at 12:15 a.m. Mayor TTEST: City Clerk J -295-