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HomeMy WebLinkAboutMINUTES-07/01/1980-RegularJuly 1, 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, July 1, 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, Reeves, St. Croix, Wilkinson, and Wilmarth. Absent: Councilmember Kross. Staff Members Present: Arnold, Liley, Lanspery, Krajicek, Lee, and Mabry. Councilman Wilmarth asked that Items #16, Heari ng and First Readin of Ordinance No. 91, 1980, Relating to Railroad Opera ions it in a ity o FortCollinss on ild!F o— r Tessin Trac s, an item Z0f-1C Approval ounce Pin a in ica ion o theColorado Office of Ener y onserva ion an eaar men o nerav tor un s to Provide lechnical Assistance Analysis to even L1LV buiioinaS De removea from Lne Lonsent uaienaar. 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 June_17,__ 5. Second Readin of Ordinance No. 79, 1980 Vacatin Existin Easements in t e one enge . ixt i ing; an a icatlon o ep acement This Ordinance was unanimously adopted on First Reading on June 17th and is a request to vacate all dedicated easements shown on Lots 40 and 41, being •a portion of the replat of Lots 1 and 2 and Tract A of the replat of Lots 40, 41, 42 and 43, and Tract C of the amended plat of Stonehenge P.U.D. 6th Filing approved by City Council. 217 July 1, 1980 6. Second Readin of Ordinance No. 81, 1980, Annexing Property Known as ricT t nnexa ,,of This Ordinance was unanimously adopted on First Reading on June 17 and is a request to annex 36.47 acres located at the northeast corner of Willox Lane and Redwood Street. 7. Second Readin of Ordinance No. 82, 1980, Zoning Property Known as PicF _ na ion. - This Ordinance was unanimously adopted on First Reading on June 17 and is a request to zone 36.47 acres located at the northeast corner of Willox Lane and Redwood Street. The applicant is requesting condi- tional R-P, Planned Residential Zoning, with the condition that the maximum density not exceed 9 DU/acre. The maximum allowable density in the R-P Zone is 12 DU/acre. 8. Second Readinq of Ordinance No. 84, 1980, Creating a Parking Fund. This Ordinance was unanimously adopted on First Reading on June 17 and would create a Parking Fund for the purpose of consolidating parking related revenues. 9. Second Reading of Ordinance No. 85, 1980 Authorizing the_City_Manager This Ordinance was unanimously adopted on First Reading on June 17th and would authorize the five year lease/purchase of 30 new Yamaha electric golf carts and replacement of 10 golf carts every two years. 10. Second Readin of Ordinance No. 86 1980 Auth o n er n o an areemen or e. ease This Ordinance was unanimously adopted on First Reading on June 17th and would authorize the lease/purchase of two Elgin Pelican Street Sweepers. 11. Second Readingof Ordinance No. 87, 1980, Annexing Property Known as This Ordinance was unanimously adopted on First Reading on June 17 and is a request for annexation of 11.7191 acres of land located approxi- mately 400 feet south of Colorado Highway 14, east of the Poudre River, and west of the Country Side Park. 218 , July 1, 1980 12. Second Reading of Ordinance No. 88, 1980, Zon This Ordinance was unanimously adopted on First Reading on June 17 and is a request for zoning to I-L, Limited Industrial Zoning District, for 11.7191 acres of land located approximately 400 feet south of Colorado Highway 14, east of the Poudre River, and west of the Country Side Park. 13. Routine Deeds and Easements The following are routine documents needed for Mulberry Street Im- provement District No. 74. The considerations are based on appraised value as follows: 1) $1.00 per square foot for fee simple 2) $ .10 per square foot for construction easements 3) $ .75 per square foot for permanent easements Permanent Fee Simple Temp. Const. Easement Total Grantor Consideration Consideration Consideration Consideration LeRoy & Doris Heinrich $ 175.00 $. 75.00 -0- $ 250.00 Raymond & Evelyn Pilkington 150.00 50.00 -0- 1 200.00 Ted & Kathleen Schroeder 75.00 25.00 -0- 100.00 Husky Oil Company 4,200.00 -0- -0- 4,200.00 14. Hearin and First Readingof Ordinance i No. 89 1980 Amendin ithe o e e a ng o em ers ip On t e ar s an ecrea itn Vlsory This is a routine housekeeping Ordinance to amend the section of the Code relating to membership on the Parks and Recreation Advisory Board. The membership will remain at a full force of nine members. However, the Code provision requiring appointment of ex-officio non -voting representatives from the City Council and City Manager's office will be deleted, bringing the Code into conformity with current practice. 15. Hearing and First Reading of Ordinance No. 90, 1980, Amending Ordi- rict xo. ' On June 3rd, the Council passed on final reading Ordinance No. 72, 1980, which assessed the costs for Street Lighting Improvement Dis- trict #5. There were two errors in the figures for that District. This Ordinance would correct those errors. 219 July 1, 1980 1 16. Hearin and First Readin of Ordinance No. 91, 1980 Relati ai roa oera ions in e y o or o ns on i The City Attorney's Office is recommending the modifications to Code Sections 108-3, 108-4 and 108-5. At present these Code Sections prohibit railroads from blocking intersections for more than five minutes or for conducting of switching or coupling activities within certain specified areas of the City. The proposed modification would exempt railroads from these prohibitions when they were utilizing siding or passing tracks. The only location which would be affected by these proposed modifications is the Swallow Road crossing. 17. Resolution Increasing the Charge for Sale and Supplementation of This Resolution will increase the cost of City Code books to $100 plus tax per book, which reflects the actual cost to the City. 18. Resolution Authorizing the Appointment of Two Affiliate Members to the This Resolution will authorize the appointment of two non -voting affiliate members to the Library Board. 19. Creation of an "Out -of -City" Golf Fee. This action would institute a charge of 500 for each 9 holes of golf ($1.00 for an 18 hole round of golf) to out -of -city players who utilize both City Park Nine and Collindale Golf Courses. The charge would become effective immediately and would be. assessed to each golfer not a resident of metropolitan Fort Collins. 20. A royal of Council in Makin A lication to the Colorado Office of nergy onserva ion an spar men o ner or Funds o rovi e Tar n�T cl�c,c a� nreAnaTistoSeven ci�6uiTdinas. This study will identify our existing energy usage, provide recom- mendations for energy conservation measures and project paybacks if these measures are implemented. After investigation, we find it would be more efficient to hire a firm qualified .in providing technical assistance analysis. 21. Sand Creek Village, a Replat of Lots 29-60 Tracts H-N Greenbriar The applicant is requesting a replat of the Greenbriar P.U.D. Final which was approved by City Council. , 220 ri July 1, 1980 The replat is requested in order to provide detached garages on the backs of the townhomes and to adjust the common green areas to accom- modate the driveway access easements. 22. Preliminary and Final P.U.D. and Subdivision Plat of the Villa. This is a proposal for preliminary and final P.U.D plat approval for a 3.95 acre site consisting of 72,000 square foot of shopping center and requisite parking located south of Foothills Parkway, east of McClel- land Drive, and west of College Avenue. Ordinances on Second Reading were read by title by Deputy City Clerk Wanda Krajicek. Item #5. Item #6 Second Readin�q of Ordinance No. 81, 1980, Annexing Property Item V . Second Reading of Ordinance No. 82, 1980, Zoning Property Known as Y1cKett Annexation. Item #8. Second Reading of Ordinance No. 84, 1980 Creating a Parkin Tun . Item #9. Second Readinq of Ordinance No. 85. 1980. Authorizing the City Item #10. Second Reading of Ordinance No. 86, 1980, Authorizing the Cit Manager to Enter Into an Agreement for the Lease/Purchase of Two 3 ri eet-Sweepers. Item #11. Second Re in of Ordinance No. 87 1980 AnnexingPropert now n as ever en Annexation. Item #12. Second Reading of Ordinance No. 88, 1980; Zoning Property Known FAQ_! , Ordinances on First Reading were read by title by Deputy City Clerk, Wanda Krajicek. Item #14. 11 221 July 1, 1980 1 Item #15. Hearing and First Item #16. Hearin and First Reading of Ordinance No. 91 1980, Relating to at roa perattons—GfiYFto ttTe Eity o0-Fort oTT�ns on�ia n Passing tracks. Councilman -Wilkinson made a motion, seconded by Councilman Bowling to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Relating to Railroad Operations Within the City of Fort Collins on Siding or Passing Tracks Councilman Wilmarth requested more information on the relationship between the Swallow Road crossing and this Ordinance. City Attorney Liley responded that one of the allegations that the railroad and the P.U.C. staff members had made was that if the crossing went through, on occasion because of the passing track located there, the railroad would be in violation of the City's ordinances which prohibit blocking of a crossing for longer than 5 minutes. She noted that investi- gation has shown that this passing track is rarely used; therefore passing this ordinance will get rid of this argument on behalf of the railroad and the P.U.C. and would not damage the City as, again, the passing track is rarely used. Councilwoman Reeves made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 91, 1980 on First Reading. Yeas: Councilmembers Bowling, Gray, Reeves, and Wilkinson. Nays: Councilmembers St. Croix and Wilmarth. THE MOTION CARRIED. Approval of Council in Making Application to the Colorado Office of Energy Conservation and Department of Energy for Funds to Provide Technical Assistance Analysis to Seven City Buildings Councilman Wilmarth questioned whether we were applying for a technical ' assistance grant or whether we were making a commitment to spend some money and then hoping to get the grant. 222 7-7 J July 1, 1980 City Manager Arnold explained that the commitment has already been made to spend the $20,000 in the budget and this is a grant for an additional $12,000 to allow us to do a better job of analyzing the buildings for energy efficiency. Councilwoman Reeves made a motion, seconded by Mayor Gray, to approve the application to the Colorado Office of Energy Conservation and Department of Energy for funds to provide technical assistance analysis to seven City buildings. Yeas: Councilmembers Bowling, Gray, Reeves, and Wilkinson. Nays: Councilmembers St. Croix and Wilmarth. THE MOTION CARRIED. Ordinance Adopted on First Reading Assessing the Costs of Improvements in Street Improvement District No. 72 Following is the City Manager's memorandum on this item: "Street Improvement District No. 72 includes street construction on Drake Road from Stover Street to Lemay Avenue, and on Lemay Avenue from Drake ' Road to Boltz Drive. At the May 20th meeting a Resolution was adopted ordering the City Clerk to notify the owners of property to be assessed that the improvements in Street Improvement District No. 72 have been completed and accepted. The notice set out the cost of the district and set July 1st as the date that any complaints or objections would be heard. The financing for the district included: • Assessments to three properties on a voluntary basis (Deines Homes, First Christian Church, and HCI). Agreements for participation with two property owners (Woodward Governor and Everitt Enterprises). Federal Urban System funding. Storm Drainage Capital funds. 41 Street Capital funds. It should be noted that final cost to the Street Capital program was only $16,781 out of a total construction cost of $490,591." City Attorney Liley noted that on page three, Section 2, the date December 1st should be inserted twice. December 1st is the date upon which the installments are set up. 223 July 1, 1980 Councilman Bowling made a motion, seconded by Councilman St. Croix, to adopt 1 Ordinance No. 92, 1980 on First Reading. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Appropriating Unanticipated Revenues in the Community Services Fund Following is the City Manager's memorandum on this item: °The adopted 1980 Budget did not anticipate the following: 1. The Housing Authority contract was revised in order to provide more housing counseling and rehabilitation. The original contract totaled $104,550 and the revised contract is $117,225. 2. Community Development Block Grant (CDBG) funds for administra- tion are also budgeted in the Community Services Fund. At the time the budget was developed, we did not anticipate having funds remaining from the 1978 program year. However, there is $6,497 available from the 1978 program year to be appropriated for the administration of the CDBG housing rehabilitation 1 program. These funds will be used for the implementation of the 1980 pay plan. (Insufficient funds were originally budgeted.)" Councilman St. Croix made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 93, 1980 on First Reading. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance on First Reading Appropriating Prior Year Reserves in the Seven Year Capital Fund City Manager Arnold asked that this item be withdrawn from the agenda Ordinance Adopted on First Reading Appropriating the Proceeds from the Sale of Improvement District #74 Bonds and Unanticipated Revenues for the Downtown Employees Parking Lot in the Capital Projects Fund Following is the City Manager's memorandum on this item: "Ordinance No. 88, 1979, authorizes the creation of a street improvement ' district for the purpose of constructing a 4 lane street on West Mulberry 224 July 1, 1980 from Crestmore to Tyler. In order to consolidate all project resources, we need to appropriate the proceeds from the sale of bonds in the Capital Projects Fund. Additionally, we need to consolidate project resources for the Downtown Employee's Parking Lot. If Council approves the additional appropriation in the 7-Year Capital Fund for the Downtown Employees Parking Lot, we want to add the additional resources to the project budget in the Capital Projects Fund. This appropriation ordinance will incorporate project revenues and expendi- tures in the project tracking system in accordance with the Project Manage- ment/Control System." City Manager Arnold noted that since the previous item had been withdrawn, this Ordinance would need to be amended to remove the portion relating to the $9,600 for the Downtown Parking lot. City Attorney Liley noted that the third paragraph of the Ordinance should be deleted and in the fifth paragraph, the total sum should read $180,000 and indicate: Improvement District #74. $180,000 Councilman Bowling made a motion, seconded by Councilman St. Croix, to amend Ordinance No. 95, 1980 as stated. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilman Bowling made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 95, 1980 on First Reading as amended. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Adopted Authorizing Conversion of Property Located at 1318 South College Avenue from Residential to Non -Residential Uses Following is the City Manager's memorandum on this item: "Proposal: Request to convert 1318 South College from a residential land use to an office building. Presently there is a large house on the subject parcel which would be razed. A 4,440 square foot office building, 1 1/2 stories tall with a 19 space parking lot is being proposed. 225 July 1, 1980 ' Neighborhood Description: The area to the south is a City park across from the High School. There are residential units situated north and east across an alley. To the west, across College Avenue, is an office complex and a large vacant parcel which has received preliminary approval for an apart- ment complex. Recent History: #193-77 Application: A request to rezone the east side of College Avenue south of Pitkin from R-L to B-L. The staff and Planning and Zoning Board recommended denial as filed but approval of R-H zoning district. The City Council agreed with numerous conditions of landscaping, access, etc. Issues: Compliance with the goals. The request is in general compliance with the adopted goals and policies in the goals and land use policies documents. I 2. Impact: Traffic: The subject parcel is impacted by the traffic on South College Avenue. The conversion would increase the traffic movements to the parcel and thereby inhibit traffic flow on College Avenue. The conversion will increase traffic. onto the alley and Buckeye which will impact the adjacent residential. By the agreement signed at the time of re- zoning, access is limited to one curb cut to serve these two parcels and the two parcels to the north for access only. Traffic exit from these parcels is onto the alley and Buck- eye. Land Use: The impact of the request is minimal on the other adjacent properties except for the park. The request is similar to the conversions of the houses in the 1400 block of South College. Compatibility: The conversion to a small -scaled office complex would be compatible with the land uses along South College. 226 1 July 1, 1980 Recommendation: The staff of the Planning and Development Department and the Planning and Zoning Board recommend approval of the R-H Conversion at 1318 S. College Avenue (#45-80) based on the followng preliminary findings: 1. This request conforms to the adopted goals and policies. 2. The impact of the conversion will be minimal upon the residential in the area. 3. The conversion will be compatible with the other land uses in the area. A neighborhood representative appeared and spoke on this item." Planning Director Chuck Mabry gave Council a brief history of this piece of property. James Martell, attorney representing the owner Larry McCrery, appeared and further explained the history of this property. Councilmembers expressed concerns regarding the access to the property and ' the safety factors involved. Councilman Wilkinson asked if any consideration had been given to making the alley one-way going south, off of Pitkin. Mr. Mabry replied that to his knowledge, there had not. Council expressed agreement with the conversion of the property from residential to non-residential uses and directed staff to bring back information relative to making the alley one-way. Councilman St. Croix made a motion, seconded by Councilman Wilkinson, to adopt the Resolution. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Adopted Authorizing the City to Enter into a Memorandum of Understanding with the BNL Development Corporation and the Colorado and Southern Railway Company Following is the City Manager's memorandum on this item: "Attached is a copy of a Memorandum of Understanding by and between the ' Burlington Northern Land Development Corporation, the Colorado and Southern Railway Company and the City of Fort Collins concerning development of 227 July 1, 1980 railroad land in downtown Fort Collins. The purpose of the Memorandum of Understanding is to reduce to writing conceptual ideas, plans and inten- tions that all three parties have discussed and think offer potential for further study and evaluation. It needs to be stressed that the Memorandum of Understanding does not commit any of the parties to any particular action except that of working together in a good faith effort toward redevelopment of a significant parcel of downtown Fort Collins. Further research and discussion will be required before specific development commitments can be considered between the parties. The railroad owns approximately 25 acres of land along both sides of the railroad tracks north from Mountain Avenue to Lee Martinez Park. Con- ceptually, the Memorandum of Understanding envisions development of this land in multiple phases over a number of years. The development is envi- sioned as a multi -use development consisting of offices, a parking struc- ture, restaurant, residential units, hotel space and a convention center. This project, together with other recently announced downtown projects, has the potential of assisting the core area to become the activity center and economic asset envisioned by the Land Use Policy plan. Staff recommends your adoption of the attached Resolution." Councilman Wilkinson asked if some consideration could be given to extend- ' ing the pedestrian mall from College to Howes rather than stopping at Mason Street as is indicated on page 3, paragraph B-2 of the Memorandum of Understanding. City Manager Arnold noted that staff would explore that possibility when drafting the detailed agreements. Councilman Wilmarth questioned the use of the word "unconditionally" as used in Article I, paragraph 1 of the Memorandum of Understanding when referring to the right to continue operations of the C & S railway company "unconditionally." City Attorney Liley replied that when this agreement was originally pro- posed, that phraseology was not included. It came back as a mandate by the railroad, their intent being that the agreement do nothing to restrict their operations. She noted that there were ways to rephrase the agreement but did not know whether the railroad would accept them. Councilman Wilkinson made a motion, seconded by Councilman Bowling, to adopt the Resolution. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, and Wilkinson. Nays: None (Wilmarth abstained). 228 July 1, 1980 Resolution Adopted Authorizing the Appointment of Two Alternate Members to the Water Board City Manager Arnold noted that this Resolution would need to be adopted prior to making the appointments to all the Boards and Commissions. Deputy City Clerk, Wanda Krajicek read the Resolution at length as it had not been included in the regular agenda packet. Councilwoman Reeves made a motion, seconded by Councilman St. Croix, to adopt the Resolution. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Adopted Making Appointments to Various Boards and Commissions Following is the City Manager's memorandum on this item: "On June 10, Council held interviews with many of the applicants for the boards and commissions vacancies. Council now needs to finalize their selections and adopt the Resolution formally making the appointments to fill the vacancies which exist on the boards and commissions." The following appointments were made to the Boards and Commissions: Name of Board: BUILDING BOARD OF APPEALS Name Chester C. Smith Expiration of .Term July 1, 1984 Name of Board: BUILDING CONTRACTORS LICENSING BOARD Name Expiration of Term John (Jack) T. Giuliano July 1, 1984 Larry G. Trampe July 1, 1984 Alternate: Linda Lang Murphy 229 July 1, 1981 July 1, 1980 Name of Board: CULTURAL RESOURCES BOARD ' Name Expiration of Term Randy W. Brillhart July 1, 1984 Name of Board: ELECTION BOARD Name Expiration of Term Pauline Steele July 1, 1984 Name of Board: GOLF BOARD Name Expiration of Term Tom Skillman July 1, 1981 Carl A. Kansala July 1, 1984 Bill Zech July 1, 1984 Name of Board: HOUSING AUTHORITY Name Expiration of Term , Michael A. Perry July 1, 1985 Name of Board: HUMAN RELATIONS COMMISSION Name Expiration of Term Sam Blanco July 1, 1981 Charla Batsell Weiss July 1, 1982 Beverly L. Jensen July 1, 1984 Dennis R. Liebert July 1, 1984 Joe P. Hernandez July 1, 1984 Name of Board: LIBRARY BOARD Name Expiration of Term Sarah L. Bennett July 1, 1984 Affiliate Members: Linda Carbajal July 1, 1984 , Christine Kneeland July 1, 1984 M July 1, 1980 Name of Board: LIQUOR LICENSING AUTHORITY Name Expiration of Term Wally Bujack July 1, 1984 Name of Board: PARKS AND RECREATION BOARD Name Expiration of Term Mike ImMasche July 1, 1981 Janet G. Sheppard July 1, 1984 Wes Sargent July 1, 1984 Mary Elson July 1, 1984 Name of Board: PERSONNEL BOARD Name Expiration of Term Lorie A. Smith July 1, 1984 Alan R. Inada July 1, 1984 ' Name of Board: PLANNING AND ZONING BOARD Name Expiration of Term E. John Clarke July 1, 1984 Ed Stoner July 1, 1984 Alternate: Dennis D. Georg July 1, 1982 Name of Board: RETIREMENT COMMITTEE Name Expiration of Term Samuel Nathan Crimaldi July 1, 1984 Name of Board: SENIOR CITIZENS COMMISSION Name Expiration of Term Robert J. LaRocque July 1, 1984 Elsie Mae Russell July 1, 1984 ' Alternate: Lucy E. Tackle July 1, 1981 231 July 1, 1980 Name of Board: STORM DRAINAGE BOARD Name Expiration of Term William D. Bartran July 1, 1984 Guy F. McCabe July 1, 1984 Name of Board: WATER BOARD Name Expiration of Term Ward H. Fischer July 1, 1984 Norman A. Evans July 1, 1984 Everett V. Richardson July 1, 1984 Alternates• Thomas G. Sanders July 1, 1982 Charles D. Turner July 1, 1982 Name of Board: ZONING BOARD OF APPEALS Name Expiration of Term Steven H. Dodder July 1, 1984 Councilman Bowling made a motion, seconded by Councilman St. Croix, to adopt the Resolution inserting the names of new appointees. Yeas: Coun- cilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Adjournment 232 17