HomeMy WebLinkAboutMINUTES-06/03/1980-RegularJune 3, 1980
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 5:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on
Tuesday, June 3, 1980, at 5:30 p.m. in the Council Chambers in the City of
Fort Collins City Hall. Roll Call was answered by the following Council -
members: Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth.
Absent: None.
Staff Members Present: Lanspery, Liley, Lewis, C. Smith, Mabry, Harmon,
O'Neill, Krempel, Mills, Wood, Phillips, Helberg,
Lee, Bunting, and Bode.
Agenda Review: City Manager
Assistant City Manager Lanspery stated there were no changes in the agenda.
Mayor Gray stated she had a change; before going into the regular agenda
there would be a short report on Platte River, from Councilman Wilkinson.
Councilman Wilkinson stated there is an eight minute video tape on the
Rawhide construction site, which will be made available to service clubs
upon request.
Following the tape, Councilman Wilkinson stated General Manager Al
Hamilton would answer any questions Council would have regarding the
project.
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.
4. Consider approval of the Minutes of the Regular Meeting of May 20
June 3, 1980 '
5. Second Reading of Ordinance No. 59 1980 Relating to Handicapped
rarKing.
This Ordinance was unanimously adopted on first reading on May 20th
and would allow handicapped persons limited parking privileges while,
at the same time, enable the State of Colorado to maintain administra-
tive duties, such as the issuance of identifying placards. The
Ordinance has been modified so as to conform to the most recent
legislation in this area.
6. Second Reading of Ordinance No. 60 1980 Relating to Door to Door
Sales.
This Ordinance was unanimously adopted on First Reading on May 20 and
Provides that solicitation for the sale or purchase of goods is pro-
hibited.
7. Second Rea din of Ordinance No. 61, 1980, Relatin to Registration
equirements or ec ricians an ec rica ontrac ors.
This Ordinance was adopted unanimously on First Reading on May 20 and
changes the basis of the annual registration fee for electrical
contractors and brings the City's registration fee into compliance
with state law and a district court decision.
8. Second Readin of Ordinance No. 62, 1980, Relating to Deferral of
Payments on pecia mprovement istrictS.
This Ordinance was unanimously adopted on First Reading on May 20 and
revised the established income level for families in order to be
considered eligible for a deferment of an assessment on a local
improvement district.
9. Second Reading of Ordinance No. 13, 1980, Amendin the Le al Descrip-
tion nc u e in r finance o. , _,omng roperty Known as the
This Ordinance was unanimously adopted on First Reading on May 20 and
will correct the legal description for the West Mountain Second
Rezoning as adopted by Ordinance No. 5, 1980 on February 5th.
10. Second Reading of Ordinance No. 64, 1980, Relating to Requirements on
'rurchasing.
This Ordinance was unanimously adopted on First Reading on May 20 and
will set the dollar amount above which all contracts, purchases or '
sales must be competitively bid and determine the amount above which
City improvements must be authorized by contract.
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June 3, 1980
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11. Second Readin of Ordinance No. 65, 1980, A propriatin the Proceeds
of the 986
8 ales and se Tax Revenue Bonds in t e apita Pro ects
Fund.
This Ordinance was unanimously adopted on First Reading on May 20 and
is needed within the Capital Projects Fund for the expenditure of the
proceeds in accordance with the Capital Project Management/Control
System.
12. Second Readin of Ordinance No. 66, 1980, A ro riatin Unantici ated
eve
nues rom t o a e o on s or torm ewer m rovement istrict
No. 17 to the Capital ro,7ects un .
This Ordinance was unanimously adopted on First Reading on May 20 and
appropriates unanticipated revenue from proceeds from the sale of
bonds for Storm Sewer Improvement District No. 17 to the Capital
Projects Fund for the purpose of clearly identifying Storm Sewer
Improvement District No. 17 in the Project Tracking System.
13. Second Read in
of Ordinance No. 67, 1980, Appropriating Unanticipated
evenues in t e enera un or Legal Expenses.
' This Ordinance was adopted on First Reading by a 6-1 vote on May 20
and transfers monies available in the Seven Year Capital Fund to the
General Fund for unanticipated legal expenses.
14. Second Reading of Ordinance No 68 1980, Annexing Propertv known as
This Ordinance was unanimously adopted on First Reading on May 20 and
is a request to annex the undeveloped areas of Section #34, Horse -
tooth -Harmony West Annexation.
15. Second Reading of Ordinance No. 69, 1980, Zoning Property included in
The Horsetooth-Harmony est Annexation.
This Ordinance was unanimously adopted on First Reading on May 20 and
is a request to zone the undeveloped areas of Section #34, Horse -
tooth -Harmony West Annexation. Zoning requested for. the area is
R-L-P, Low Density Planned Residential, with the condition for devel-
opment as a P.U.D.
16. Second Reading of Ordinance No. 70, 1980, Annexing Property Known as
the Cunningham Corners, Trd Annexation.
This Ordinance was unanimously adopted on First Reading on May 20 and
' is a request for annexation of a 10 acre parcel located north of
Horsetooth Road and east of Shields Street.
170
17. Second Readinq of Ordi
. 71. 1980. Zoni
June 3, 1980
1 .
Included in
This Ordinance was adopted on First Reading by a 6-1 vote on May 20
and is a request to zone a 10 acre parcel located north of Horsetooth
Road and east of Shields Street to R-P, Planned Residential District.
18. Second Reading of Ordinance No. 72 1980, Assessing the Cost of
This Ordinance was unanimously adopted on First Reading on May 20 and
assesses the cost of improvements for Street Lighting Improvement
District No. 5 and includes the 'area on Prospect Road from Lemay
Avenue west to Circle Drive.
19. Second Reading of Ordinance No. 73 1980, Providing for the Issuance
This Ordinance was adopted on First Reading on May 20 by a 6-1 vote
and would authorize the issuance of $180,000 of bonds to pay the cost
of improvements in Street Improvement District No. 74.
20. Second Readin of Ordinance No. 74, 1980, Authorizinrom Conversion of
Property ocated at - Mulberry treet esi entia to
Non -Residential Uses.
This Ordinance was unanimously adopted on First Reading on May 20 and
is a request to convert the four lots on the southeast corner of
Mulberry Street and Sherwood from a residential land use to a commer-
cial and office complex.
21. Second Readin of Ordinance No. 75, 1980, Authorizin Conversion of
roperty ocate at u erry treet rom esi entia t—o—Wo—n-
Residential Uses.
This Ordinance was unanimously adopted on First Reading on May 20 and
is a request for conversion from residential to non-residential land
use in the R-H zone located on the northeast corner of Mulberry and
Mathews.
22. Routine Deeds and Easements.
A. Easement agreement with David Hays for a sewer line. needed for
the planned Kelger Park.proJec project No. 41-2) located in
the vacated alley "b" in Grandview Addition near Shields and
Laporte. The area in question is 19.05 ft. by 53.60 ft. and is
being granted for a consideration of $599.47 (58E per square
foot) to be paid by the Housing Authority.
171
June 3, 1980
B. Easement agreement with Doroth A. Whisler for property needed in
the Poudre Trails System Fort o ig way 14. This property
contains 0.0667 acre, for a consideration of $200.00 (approxi-
mately 60 per square foot).
C. Deed from Wheeler Real t any donating property in Brown Farm
for storm rainage. a rac s being donated were platted but
never dedicated for this use.
D. Agreement with William McFarland concerning property previously
owned by Continental Moving an Storage, for conveyance of an
easement for the Poudre Trails, located south of East Lincoln
Avenue. The easement contains 0.1318 acre for the second phase
of construction. The consideration is $2,066 (36e per square
foot).
E. Lease agreement with H.W. Rogers (Sterling) for a section of
the Poudre Trails locate a ween Shields and Taft Hill paral-
leling the Poudre River. It is Sterling's intent to dedicate
this tract to the City when appropriate for tax considerations.
The consideration for this lease is $1.00.
' 23. Resolution_ changing the East-West portion of Wagner Drive to Baystone
Drive.
The applicant is requesting that the east -west portion of Wagner Drive
be changed to Baystone Drive. Wagner Drive is located in the Wagner
Fraternity Park. Wagner Drive runs both east -west and north -south.
24. Resolution Authorizin the Cit to A 1 to the Northern Colorado
a er onservancy District or a emporary se erm1 .
This Resolution would authorize the City to apply for a temporary use
permit from the NCWCD to complete the transfer of 64 acre feet of Big
Thompson water from Bartran Homes, in exchange for a City water
certificate.
25. Resolution Approving Application for _a Preliminary Loan from the
This Resolution makes a finding that there is a need for housing which
is not being met within the private sector and authorizes the filing
of a loan application for $11,000 to be advanced by H.U.D. for the
preliminary planning of approximately 22 units for elderly and handi-
capped individuals.
172
June 3, 1980
26. Resolution Authorizing the Sale of Property to Platte River
T
The City and Platte River Power Authority entered into an agreement
for the reuse of water for energy generation August 10, 1978. In
accordance with that agreement, PRPA has requested that the City
convey approximately .35 acre of land located north of Wastewater
Treatment Plant No. 2 so that the Authority can construct a pump house
facility in connection with the Rawhide Power Plant.
27. Hearing and First Reading of Ordinance No. 76, 1980, Desi natin
lertain Property as a is oricLandmark.
The Cultural Resources Board has recommended that the Fancher Sarchet
(Atkinson) House, 930 West Mountain, be designatd a Local Historic
Landmark. This Ordinance would accomplish that designation.
28. Nearin and First Readin of Ordinance No. 77, 1980, A ro riatin
nantici area evenues rom the Fort o ins oun at ion or equipment
to the Lincoln Community Center Fund.
The Fort Collins Foundation has received contributions designated for '
the purchase of a timpani at Lincoln Community Center. The estimated
cost of the timpani is $3,712.
The purpose of this Ordinance is to appropriate the unanticipated
revenues so that the timpani can be purchased before the summer
concert series.
END CONSENT
The following items were removed from the Consent Calendar.
Item #24. Resolution AuthorizLLaa the City to A ply to the Northern Colo-
rado Water onservancy is ric or a emporar se erF .
Item #25. Resolution Approving Application for a Preliminary Loan from the
R
Ordinances on Second Reading were read by title by City Clerk Verna
Lewis.
Item #5. Second Reading of Ordinance No. 59, 1980 Relating to Handicapped
Tammy.
Item #6. Second Rea
Door Sales.ding of Ordinance No. 60, 1980, Relating to Door to '
173
June 3, 1980
Item V .
SeconOrdinance No. 61, e 1strsa-
an980, eRcetlrat
for Ele-c-fr—iclan. 1i
ractortton eqeemeoaont
Item #8.
Second Readin of Ordinance No. 62, 1980, Relatingto Deferral of
ayments on pecta Improvement'istrtcts.
Item #9.
Second Readinq of Ordinance No. 63, 1980, Amendin the Le al
Descriptionincludedin r tnanci o. on Ing Property
Known as the West Mountain Second Kezoning.
Item #10.
Second Reading of Ordinance No. 64, 1980, Relating to Require -
men s un rurCflasln .
Item #11.
Second Readin of Ordinance No. 65, 1980, A ro riatin the
roceeds o t e Sales an se ax evenue on s to the
aptta rojects un .
Item #12.
Second Readin of Ordinance No. 66, 1980, A ro riatin Unanti-
ct a e evenues rom e a e o on s or orm ewer m rove -
men istrict No. 17 to the Capital T�rojectS Rind.
'
Item #13.
Second Readin of Ordinance No. 67, 1980, A ro riatin Unanti-
cipated evenues to t e enera un or eqa xpenses.
Item #14.
Second Readin of Ordinance No. 68, 1980 AnnexingProperty known
as t e orsetoo - armony es nnexa ton.
Item #15.
Second Readin of Ordinance No. 19, 1980, Zonin Property In-
c uded in t e orsetoot - armon est nnexation.
Item #16.
Second Readinq of Ordinance No. 70, 1980, Annexinq Property Known
'a —The
unntng am Orners, rs�xim .
Item #17.
Second Readin of Ordinance No. 71 1980, Zonin ert In
.Pro
u e to t o unntng am orners, r nnexat on.
Item #18.
Second Readin of Ordinance No. 72, 1980, Assessingthe Cost of
mprovemen s to ree i in mprovement DistrlicT o
Item #19.
Second Readin of Ordinance No. 73, 1980, Providingfor the
ssuance o on s to Pay the ost of improvementin tree
Improvement District No. 74.
Item #20.
Second Readin of Ordinance No. 74, 1980, AuthorizingConversion
o groper yR oca e at 415-431 W. Mulberr—y-St—re—etfrom Residen-
tial
to non-Kesiaentid ses.
174
June 3, 1980
Item #21. Second Reading of Ordinance No. 75, 1980, Authorizinq Conversior
or rroperty located at 304 W. Mulberry reeromResidentialc
Non -Re ses.
Ordinances on First Reading were read by title by City Clerk Verna Lewis.
Item #27. Hearing and First Reading of Ordinance No. 76. 1980. Desionatino
Item #28. Hearin and First Readin of Ordinance No. 77, 1980, A ro riat-
ing nanticipa a evenues rom t e ort o ins oun an on or
Equipment to the Linco�mmunity—Center Fund.
Councilman Bowling made a motion, seconded by Councilman Wilkinson, to
adopted and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and
Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution Adopted Authorizing the City to Apply
to the Northern Colorado Water Conservancy District
for a Temporary Use Permit
Following is the City Manager's memorandum on this item:
"This Resolution would authorize the City to apply for a temporary use
permit from the NCWCD to complete the transfer of 64 acre-feet' of Big
Thompson water from Bartran Homes, in exchange for a City water certifi-
cate."
Councilwoman Reeves stated she had a conflict of interest in this matter as
she is an employee of Bartran Homes and, therefore, asked to be excused from
discussion and vote on this Resolution.
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to
adopt the Resolution. Yeas: Councilmembers Bowling, Gray, Kross, St.
Croix, Wilkinson, and Wilmarth. Nays: None. (Councilwoman Reeves was out
of room.)
THE MOTION CARRIED.
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June 3, 1980
Resolution Tabled Approving Application for a
Preliminary Loan from the Department of Housing
and Urban Development
Following is the City Manager's memorandum on this item:
"The City is applying for.an $11,000 loan to undertake preliminary planning
for the construction of approximately 22 units for elderly and handicapped
individuals. The loan funds advanced by HUD are repaid at the time of
project completion as an allowable cost of the project. Prior to applying
for the loan, however, it is necessary that the governing body of the
affected municipality make a determination that there is, in fact, a need
for housing which is not presently being addressed within the private
sector. The attached Resolution makes such a finding and authorizes the
filing of the loan application."
Councilman St. Croix stated he had difficulty in determining by Resolution
that there is a shortage of low income housing, as there is no information
given in the agenda and, therefore, Council has no basis on which to make a
decision. Councilman Wilkinson concurred in this assessment.
' Assistant City Manager Lanspery stated more information could be provided
if Council desired. He did point out however that this information is
included in the Housing Plan Council adopted some time ago. This is a pro
forma request required by H.U.D.
Councilman St. Croix made a motion, seconded by Councilman Wilmarth to
table this Resolution to June 10, 1980. Yeas: Councilmembers Reeves, St.
Croix, Wilkinson, and Wilmarth. Nays: Councilmembers Bowling, Gray, and
Kross.
THE MOTION CARRIED.
Citizen Participation
a. Proclamation naming the month of June, 1980 as "National
anar c �;rIr
This Proclamation was received by Recreation Supervisor Jean Helberg
of the City of Fort Collins Parks and Recreation Department.
Councilman Wilkinson presented a gift, on behalf of the City Council,
to City Clerk Verna Lewis upon receipt of her degree of Master of
Public Administration.
176
June 3, 1980
Councilmembers' Reports
a. Councilman Bowling reported on the activities of the Ad Hoc Committee
of the Fort Collins -Loveland Airport which has:
1. Decided that the airport has got to pay its own way;
2. Directed that safety regulations be enforced and;
3. Sanctioned an operator who was parachuting without insurance.
The Ad Hoc Committee is intending to complete their duties and turn
this matter over to the City administration for running the airport.
b. Councilwoman Reeves reported that the COG retreat would be July
12, 1980, and on other activities of the COG, i.e. Stream Classifica-
tion, site review for Stapleton Airport, and the area Council on
Aging. Finally, she reported on the Air Pollution Strategies of the
COG and the Metropolitan Planning Organization.
C. Councilman Kross reported on a meeting with the State Highway Commis-
sion relating to the Fort Collins Expressway and other projects in the '
state.
d. Mayor Gray reported on the following:
1. The State Highway Commission has scheduled a meeting on June 19,
1980 to discuss the amendment to the Highway Plan. This meeting
will be attended by County Commissioner Courtlyn Hotchkiss as
well as COG Director Jonathan Rutstein.
2. On June 12, in the morning, the Mayor and staff will be testify-
ing before the Public Utilities Commission on the Swallow Road
Crossing.
3. On June 12, in the afternoon, she will be meeting with the
County Commissioners and joint City/County Staff to discuss the
feasibility of a joint criminal justice facility.
4. Mayor Gray then distributed the schedule for the month of June.
5. Mayor Gray then distributed a listing on the number of applicants
for vacancies on Boards and Commissions. She requestd that
Councilmembers indicate those applicants they wish to interview.
6. Mayor Gray then distributed a draft of a letter to the Colorado
Water Conservancy Board regarding the Wild and Scenic River
Study, in which the Rockwell Ranch has been included. Council is
asking that the Rockwell Ranch be deleted from this plan.
177
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June 3, 1980
7. Mayor Gray then reported that the Council would be touring the
Street Projects on June 17, 1980.
8. Mayor Gray then reported that Council would be having their
retreat on June 27 at Snowmass.
9. Mayor Gray then reported that there have been complaints regard-
ing Cable TV. She requested the administration to check on the
complaints and report back at next week's meeting.
City Manager's Report
a. Assistant City Manager Lanspery reported that Traffic Engineer Bob Lee
had received a call that the state plans to resurface all of College
Avenue from Drake to Horsetooth and Prospect to Olive with their new
money from the surplus, so all of College w.ill be done this summer and
fall.
b. City Clerk Verna Lewis reported on the Policy Committee meeting of the
Colorado Municipal League held May 30, 1980 at which the policies were
reviewed. Final action will be made in Snowmass on Wednesday, June
25, 1980.
Ordinance Adopted on First Reading Relating
to the Creation and Organization of
Sidewalk Improvement District No. 8
Following is the City Manager's memorandum on this item:
"June 3rd is the hearing date for the proposed Sidewalk Improvement Dis-
trict on Shields Street from Prospect Street to Bennett Road. The Council
should consider all communications and comments at the hearing. 'Attached
is the engineering report for the District.
The assessible cost will be financed by Special Improvement District Bonds.
We anticipate a market problem because of the small dollar amount, however,
we have a preliminary commitment from the Trust Department of First Na-
tional Bank to purchase the bonds at 11%. We anticipate bringing an
ordinance authorizing the issuance of bonds on June 17th."
Engineer Dan Bunting presented slides of the proposed improvements, and
reported that official appraisals have not been completed at this time but
offers have been made on a square footage basis.
178
June 3, 1980
The following persons spoke to the Ordinance:
1.. Harold Worth, 1501 South Shields
2. J. P. Kintzley, 1415 South Shields
3. John Greer, Heritage Circle
4. Ruel Rolston, of Bennett School
Council considered the two issues involved:
1. Safety and the need for sidewalks, and
2. The implementation in the best interest of the people affected as
to how that sidewalk is going to be placed, where it is going to
be placed, what width, what trees, etc.
Councilman Kross made a motion, seconded by Councilwoman Reeves, to adopt
Ordinance No. 78, 1980, on First Reading.
Councilman Wilmarth made a motion, seconded by Councilman Bowling to amend
the motion by adding "prior to second reading of the Ordinance, that
another effort be made to solve the concerns of the area residents."
Yeas: Councilmembers Bowling, St. Croix, Wilkinson, and Wilmarth. Nays: .
Councilmembers Gray, Kross, and Reeves.
THE MOTION CARRIED.
Mayor Gray put the pending motion as amended, with the following vote:
Yeas: Councilmembers Bowling, Gray, Kross, Reeves, Wilkinson, and
Wilmarth. Nays: Councilman St. Croix.
Other Business
Mayor Gray stated that at the Colorado Municipal League Annual Meeting in
Snowmass, Directors would be elected, Councilman Bowling is a current
Director, whose term expires in June.
Councilwoman Reeves made a motion, seconded by Councilman Kross, that
Council submit a letter to the Nominating Committee nominating Councilman
Bowling to be placed on the slate. Yeas: Councilmembers Bowling, Gray,
Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None.
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June 3, 1980
Adjournment
Mayor Gray declared the meeting be adjourned to June 10, 1980 at 1:00 p.m.
The meeting was adjourned at 7:00 p.m. // /7
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