HomeMy WebLinkAboutMINUTES-12/16/1980-RegularI
December 16, 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, December 16, 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
Councilmembers: Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and
Wilmarth.
Absent: None.
Staff Members Present: Arnold, Liley, Lanspery, Krajicek, Lewis, Mabry,
and C. Smith.
Agenda Review: City Manager
Councilman Wilkinson asked that Item #17, Hearing and First Reading of
' Ordinance No. 176, 1980, Amending Section 62 oT—CFapter—M of the Code o-f
the City of FortCollins Zoning r inance, ancTitem , lFesoIutfo_ u
rizing an Office Space Lease for the Grants Administration Office, be
removed from the Consent Calendar.
Councilman Wilmarth requested that Item #31, Resolution Approvinqq__A�g�r�e��e��-
m_ents with Other_ Agencies to Provide Human Services, and Item r ,mil
Out -of -City Wa er vice Request, e withdrawn.
wn.
Consent Calender
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 Approving the Minutes of the Regular Meeting of November 18,
5. Second Reading of Ordinance No. 162, 1980, Relating to Alarm Systems.
This Ordinance was unanimously adopted on First Reading on November
18th and addresses concerns relative to the administration, enforce-
ment, and regulation of alarm systems.
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3
7.
L
E
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December 16, 1980 '
Second Reading of Ordinance No. 163, 1980, Annexing Property Known as
a cat 7 n at on.
This Ordinance was unanimously adopted on First Reading on November
18th and is a request to annex 408 + acres generally located between
County Road 34 and County Road 32, east of U.S. Highway 287 to the
Union Pacific railroad tracks.
Second� ReeadAin Tof Ordinance No. 164, 1980, Zoning Property Known as
the Ha cv—won Annexation.
This Ordinance
was unanimously adopted on First Reading on November
18th and is a
request to zone the Halcyon annexation as follows:
389 acres
- R-L-P, Low Density Planned Residential
19 acres
- B-P, Planned Business
Second Reading
of Ordinance No. 166, 1980, Vacating a Portion of the
Stanford Road Right
-of -Way in trac an Subdivision.
This Ordinance
was unanimously adopted on First Reading on November
'
18th and is a request
to vacate the west 11 feet of the right-of-way
to make Stanford
Road consistent with current City Street Standards.
Second Reading
of Ordinance No. 167, 1980, Relating to Rates for the
Water and Sewer
Utility.
This Ordinance was unanimously adopted on First Reading on November
18th and would increase the existing water rates by 23% and the
existing sewer rates by 28%.
and Reading of Ordinance
ncreeasa tWe mom unt to
169, 1980, Relating to Parkland Fees
This Ordinance was unanimously adopted on First Reading on November
18th and increases the 1981 parkland fee from $450 to $500 per dwell-
ing unit.
1-1. Second Reading of - Ordinance No. 170, 1980, Appropriating Prior Year
Reserves -and Unanticipated Revenues in Various Funds.
This Ordinance was unanimously adopted on First Reading on November
18th and makes appropriations to various funds which will require
supplemental appropriations as identified by the year end budget I
process.
444
December 16, 1980
12. Second Reading of Ordinance No. 171, 1980, Authorizing a Short Term
roan an pproprtattng t—�Irocee s to tie Street verstnng un .
This Ordinance was unanimously adopted on First Reading on November
18th and would authorize a short term loan to offset a cash flow
deficit of $321,829 for the Street Oversizing Fund.
13. Second Reading of Ordinance No. 172, 1980, Adopting by Reference
Aot oendices — o t UIformBuildino Code. 1979 Edttton.
This Ordinance was unanimously adopted on First Reading on November
18th and adopts by reference the appendices relating to Chapters 11,
12, 32, 48, 49, 55, and 57 of the U.B.C., 1979 Edition.
14. Hearing and First Reading of Ordinance No. 173, 1980, Rezonin
rt ey Known as
uitts Rezoning.
This is a proposal to change the zoning on 71.2 acres located along
the south bank of the Poudre River at Timberline Road (extended) north
of East Prospect Road from the present T-Transitional zoning district
to the I-G, General Industrial zoning district.
15. lieaaring_an_d First Reading of Ordinance No. 174, 1980, Amending the
rlumbtng e as tt R—Ttes to Drainage Pipe.
The proposed amendment would include ABS and PVC pipe as approved
piping for plumbing drainage systems in residential construction not
more than two stories in height.
11, Hearin and First Reading of Ordinance No. 175, 1980, Amending
e�rtatn�ecttons o t e ttton.
17
This Ordinance amends sections of the U.B.C., 1979 Edition, relating
to passive solar construction and foundation walls.
Hearing and First Reading of Ordinance No. 176, 1980 Amending Section
622 of tCl apterr 118 of t-re Uo o t e tty o ort o ins ontn9
Ordinance.
This is a staff -initiated amendment to the H-B zone to allow building
supply yards and storage of lumber materials under the condition of a
P.U.D.
445
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December 16, 1980
Hearing rand First Reading of Ordinance No. 177, 1980, Appropriating
Unanticipated Revenues in the Family Disturbance Unit Grant Fund.
The City of Fort Collins has been awarded an LEAA (Law Enforcement
Assistance Administration) grant totalling $12,862 as a continuance of
the Family Disturbance Unit Grant for the period of October 1, 1980,
to December 31, 1980.
These funds need to be appropriated in the Family Disturbance Unit.
Grant Fund. They will be used for training of all patrol officers in
family crisis intervention techniques.
19. Hearingr and First Reading of Ordinance No. 178, 1980, Appropriati
Unanticipated Revenues in the Capital Projects Fund.
This Ordinance appropriates CSU's contribution ($19,984) to the "Drake
Road Bike Path" project in the Capital Projects Fund.
20. Hearing and First Reading of Ordinance No. 179, 1980, Appropriating
UnaanA c ipated Revenues in the Larimer County Library Services Fund.
This Ordinance appropriates $2,000 to be provided by Larimer County
for library services for correctional inmates of Larimer County in the
Larimer County Library Services Fund.
21. Hearing and First Reading of Ordinance No. 180, 1980, Appropriating
Unanticipated Revenues in the Larimer County Library Services Fund.
In 1981, two Library programs will be funded with monies from Larimer
County. Specifically, the City will receive $16,700 to provide
library services for correctional inmates of Larimer County and
$45,000 for the Bookmobile which provides an outreach program for
those who do not have ready accessibility to the main libraries.
This ordinance appropriates the total $61,700 to be received from
Larimer County in 1981 in the Larimer County Library Services Fund.
22. Resolution- Approving an Agreement with Larimer County to Collect - its
U—Sales Tax on ity Issued Building Permits.
This Resolution approves an agreement with Larimer County to collect
its. ,1% sales tax. on City issued -building permits. The City will
collect approximately $300,000, of which it will retain $15,000 as
its 5% collection fee. '
446
IDecember 16, 1980
23. Resolution Authorizing an Office Space Lease for the Grants Adminis-
tration Office.
This Resolution would authorize the lease of office space for the
Grants Administration Division in the Old Firehouse on Walnut Street.
24. Resolutions Approving Agreements with Larimer County for Library
ervi� ces.
These three Resolutions approve the agreements with Larimer County for
library services.
25. Resolution Adopting 1981 Fees and Charges Schedule for Grandview and
Rose awn Cemeteries.
This Resolution proposes a 10% increase in fees and charges for 1981,
which is essentially the same as the increase in cemetery expenditures
for 1981.
26. Resolution Adoptinq Revised Fort Collins Light and Power Utility
' ectric ervice u es an egu at ions.
This Resolution adopts revised Electric Service Rules and Regulations
containing three significant additions relative to refusal of service,
fixed consumption billing, and parallel generation.
27. Two Resolutions Adopting a new Provision for Refusal of Service in the
Water and ewer Uti ity u es and His'
ations.
A. Resolution Approving Additions to the Sewer Service Rules and
Regulations of the Department of Water and Sewer.
B. Resolution Approving Additions to the Water Service Rules and
Regulations.of the Department of -Water and Sewer.
The proposed provisions will facilitate the collection of past due
utility bills by refusing new service or service equipment installa-
tion until a satisfactory resolution of past due utility bills has
been made.
28. Resolution Designating Representative from the City to Serve on the
Board of Directors of the Platte River Power Authority.
This Resolution reappoints Stan Case to the Board of Directors of the
Platte River Power Authority. His term expires December 31, 1980 and
' the appointment is for a four-year term.
447
December 16, 1980 '
29. Two Resolutions Approving Inters overnmental Agreements with the State
Department of Highways Providing for the Maintenance of Traffic Signs
a Signals and State Highways Within t e ity.
A. Resolution Approving an Intergovernmental Agreement with the
State Department of Highways Providing for the Maintenance of
State Highways within the City.
B. Resolution Approving an Intergovernmental Agreement with the
State Department of Highways Providing for the Maintenance of
Traffic Signs and Signals Within the City.
30. Resolution Approving an Agreement with the Humane Society for Larimer
county.
This Resolution approves the 1981 contract with the Larimer County
Humane Society. The 1981 fee will be $30,000, which is less than a 5%
increase over 1980.
31. Resolutions Approving Agreements with Other Agencies to Provide Human
ervices. '
This Resolution authorizes execution of agreements with 16 human
resource agencies for services in 1981. These contracts are consis-
tent with the 1981 recommendations of the Larimer Human Resource
Board. All City funding for these agencies will be out of revenue
sharing funds.
32. Resolution Authorizing the City to Enter into an Agreement with C.S.U.
or ater esting.
This Resolution would authorize the City to enter into an agreement
with C.S.U. for the continued sampling and total coliform testing of
CSU's potable water system.
33. Resolution Approving the Transfer of 58 NCWCD Units to Fort Collins
from Melody Homes.
This Resolution would approve the transfer of 58 units of Northern
Colorado Water Conservancy District water to the City of Fort Collins
from Melody Homes.
34. Resolution Reducing the Parking Commission to Seven Members.
The Parking Commission was created in 1979 with a membership of
seven. That membership was expanded at the end of 1979 to include an I
additional two regular members to be recommended for appointment by
the County Commissioners.
448
December 16, 1980
We have received a request from the County that their representation
on the Parking Commission be limited to one ex-officio non -voting
advisory member to serve until removed by the County Commissioners.
This Resolution accomplishes that change.
35. Resolution Approving the Renewal Contract with General Code Publishers
Tor LoaiTicatnon oT uity urainances.
In 1971, the City entered into contract with General Code Publishers
of Spencerport, New York for codification and supplementation of the
City Code. . That contract was last renewed for a two year term in
1978, with expiration on December 31, 1980. This Resolution would
renew the contract for an additional one-year period.
36. Resolution Approvin the Contracts of the Two Golf Professionals, Bill
e ier an amen reer.
The contracts with Jim Greer and Bill Metier expire December 31, 1980.
This Resolution would provide for the renewal of their contracts for
1981, with an automatic renewal for 1982 unless one of the parties
'
desires to terminate.
37. Approval of Ditch Consolidation Study Contract.
Staff recommends the contract for the Ditch Consolidation Study be
awarded to Resource Consultants, Inc. in the amount of $85,000.
38. Approval of Purchase of Freeman Property North of the Service Center.
Council discussed this purchase at the December 9th Work Session.
39. Tysdal Out -of -City Water Service Request.
This is a request for out -of -city water service to a property located
in the vicinity of Bingham Hill Reservoir. The applicants desire to
construct a single family residence in an area adjacent to existing
city water transmission lines. .
40. Routine Deeds and Easements.
A. Deed from Nortran Ltd. and Taft Hill Development -Corporation for
property needed for storm drainage purposes at the southeast
corner of Prospect and Taft Hill Road in the Sonoran View Es-
tates. Consideration: Donation.
B. Deed from Taft Hill Development Corporation for property needed
'
for storm drainage purposes southeast ot the Prospect/Taft Hill
intersection. Consideration: Donation.
December 16, 1980 '
C. Warranty Deed from Chism Homes, Inc. for a 2,828 linear foot
easement needed in connection with the Warren Lake Sanitary Sewer
Trunk Line. The easement is located in the Four Seasons P.U.D.
between the Larkborough Subdivision and Shields Street. Con-
sideration: Donation. .
D. Power line easement from Thomas E. Dillon for an 8-foot utility
easement adjacent to dedicated right—of-way in the Manning
Subdivision at University and City Park Avenues. Consideration:
$1.00.
E. Agreements with Lucile V. Anderson for approximately one acre of
property and fil used in construction of a dike. This agreement
will formalize a verbal agreement made between the City and
property owners during flood prevention operations last spring.
The dike was constructed near the eastern bank of the Poudre
river between Linden and Lincoln Street. The purchase price
includes $1.50 per yard for approximately 3,650 cubic yards of
fill. The total payable to Mrs. Anderson is $7,500. Negotia-
tions are continuing for purchase of the remaining 17 acres for '
property needed in the CDBG Buckingham Greenbelt Open Space
Project.
41. Hearin and First Readin of Ordinance No. 181, 1980, Annexing Pro
erty Known as untiAiH Jews nnexation.
This is a request to annex 296+ acres known as the Huntington Mews
Annexation. The property is generally located west of County Road 13
(Lemay Avenue extended) and 1/2 mile north of Trilby Road (County Road
34).
42. Nearing and First Reading of Ordinance No. 182, 1980, Zoning Pro
known ac 7iint;nntnn ews nnexatton.
This is a request to zone the property known as the Huntington Mews
Annexation. Applicants are requesting zoning the 296+ acres R-L-P,
Low Density Planned Residential.
43... Fairway Estates Bi'siness Annexation.
A. Resolution Setting Forth Findings of Facts and Conclusions
Regarding the Fairway Estates Business Annexation.
B. Hearing and First Reading of Ordinance No. 183, 1980, Annexing '
Property Known as Fairway Estates Business'Annexation.
450
December 16, 1980
C. Resolution Authorizing the City Manager to Execute a Memorandum
of Understanding as it Relates to the Fairway Estates Business
Annexation.
D. Hearing and First Reading of Ordinance No. 184, 1980, Zoning
Property Known as Fairway Estates Business Annexation.
Ordinances on Second Reading were read by title by City Clerk, Wanda
Krajicek.
Item #5. Second Reading of Ordinance No. 162, 1980, Relating to Alarm_
Item #6. Second Reading of Ordinance No. 163, 1980, Annexing Property
Known as Halcyon Annexation.
Item V . Second Reading of Ordinance No. 164, 1980, Zoning Property Known
as the Halcyon Annexation.
Item #8. Second Reading of Ordinance No. 166, 1980, Vacating a Portion of
the tan — Road R ght-of-Way in trachan Subdivision.
Item #9. Second Reading of Ordinance No. 167, 1980, Relating to Rates for
the Water and Sewer Utility.
Item #10. Second Reading of Ordinance No. 169, 1980, Relating to Parkland
Fees and Increasing the Amount to 500 for 198T.
Item #11. Second Reading of Ordinance No. 170, 1980, Appropriating Prior
Year Reserves and Unanticipated Revenues in Various Funds.
Item #12. Second Reading of Ordinance No. 171, 1980, Authorizing a Short
Term Loan and Appropriating the Proceeds in Fthe OVAM ngng
un .
Item #13. Second Reading of Ordinance No. 172, 1980, Adopting by Reference
Appendices to the Uniform Building Code, 979 Edition.
Ordinances on First Reading were read by title by City Clerk, Wanda Kra-
jicek.
Item #14. Hearing and First Reading of Ordinance No. 173, 1980, Rezoning
' Property Known as Suitts Rezoning.
Item #15. Hearing and First Reading of Ordinance No. 174, 1980, Amending
the um inq ode as�ifRates to Draina-� ae Pioe.
451
December 16, 1980 '
Item #16. Hearing and First Reading of Ordinance No. 175, 1980, Amendin
Certain Sections of the U.B.C., 1979it Edion.
Item #18. Hearing and First Reading of Ordinance No. 177, 1980, Appro-
oriatino Unanticipated -Revenues i— n t-Fie-Fa'rni'ly 1stur ance Unit
Item #19. Hearing and First Reading. of Ordinance No. 178, 1980, Appro-
priating Unanticipated Revenues in the apital Projects Fund.
Item #20. Hearing and First Readincl of Ordinance No. 179, 1980, Appro-
pri ating Unanticipated Revenues in t e Larimer ounty Library
Services Fund.
Item #21. Hearing and First Reading of Ordinance No. 180, 1980, Appro-
priat�nticipated evenues in the Larimer County Ljbrary
Services un .
Item #41. Hearing and First Reading of Ordinance No. 181, 1980, Annexing
Property Known as Huntington Mews Annexa-- tion.-- '
Item #42. Hearing and First Reading of Ordinance No. 182, 1980, Zoning
Councilman Kross made a motion, seconded by Councilman St. Croix, to adopt
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.
Ordinance Adopted on First Reading
Amending Section 62 of Chapter 118 of the Code
of the City of Fort Collins Zoning Ordinance
Following is the City Manager's memorandum on this item:
"Background
This is a staff -initiated amendment to the H-B zone to allow building
supply yards and storage of lumber materials under the condition of a
P.U.D.
452
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December 16, 1980
Discussion
Commercial functions which specialize in sales of home improvement items
are allowed in the H-B zone as shopping centers developed as a P.U.D. The
City in the past has had problems dealing with building supply yards and
storage of lumber materials which usually accompany such uses. Previous
solutions to the problem have included spot I-L zoning, although usually
most have been approved as an accessory use. This amendment is designed to
clear potential future problems with building supply yards and the storage
of lumber materials. The uses are obvious accessory uses and it is unlike-
ly they would develop independently; however, even if an independent
request were received, externalities and City concerns could be addressed
in the P.U.D. process.
Recommendation
Staff recommends approval.
The Planning and Zoning Board recommended approval of the Amendment to the
H-B zone (#120-80) to allow builders' supply yards and lumber yards on a
vote of 7-0."
Councilman Wilkinson expressed his concern relative to screening require-
ments for outside storage areas.
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to
adopt Ordinance No. 176, 1980, on First Reading with the understanding that
staff will bring an amendment regarding screening on Second Reading. Yeas:
Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and
Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution Adopted,Authorizing an Office
ace Lease for the Grants Administration Office
Following is the City Manager's memorandum on this item:
"The Community Development Block Grant program and the other programs
administered by the Grants Administration Division have grown to the
point of needing additional office space. They presently lease office
space in two separate locations and one of those locations will not be
available after March, 1981. Every present City facility was examined to
453
December 16, 1980
try to find adequate space and none could be found. Staff is therefore
recommending that the Grants Administration Office lease space in the
downtown area.
Our Facilities Division has negotiated a lease with Mr. and Mrs. Ted Will
for the Grants Administration Office to locate in the Old Firehouse. As
Council knows, the Wills are just completing a total renovation of the
building and restoring the exterior to its original character and redoing
the interior for new office and retail uses. The lease would be for a term
of two years at an annual rental of $12,000 per year plus the cost of
utilities. The City would have an option to renew the lease at the end of
the term at rates to be agreed upon at that time. The space consists of
1,767 square feet plus two on -site parking spaces. Additional parking
spaces will be rented in the LaPorte Avenue Parking Lot.
The office is well located for our needs and easily accessible by citizens.
It puts the Grants Administration Office into an area that has been the
recipient of federal grant monies and is an opportunity to support the
redevelopment effort that is taking place downtown.
Federal funds from the Community Development Block Grant program have been
budgeted for this purpose and would be used to pay the rent.
Staff recommends approval of this resolution."
Councilman Wilkinson requested additional information on the number of
employees that would be housed there in relation to the size of the space
to be leased.
Planning Director Mabry replied that there were 7 employees in Human
Development and that the additional space would be utilized by the Citizen
Steering Committee as a conference area and also could be used by the
S.A.V.E. program and several other temporary programs.
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to
adopt this Resol.ution.. Yeas: Councilmembers Bowling, Gray, Kross, Reeves,
St. Croix, Wilkinson, and Wilmarth. Nays:- None.
THE MOTION CARRIED.
L�I
454
December 16, 1980
Resolutions Approving Agreements with
Other Agencies to Provide Human
Services, Adopted as Amended
Following is the City Manager's memorandum on this item:
"The attached Resolution authorizes execution of agreements with 16 human
resource agencies for services in 1981. These contracts are consistent
with the 1981 recommendations of the Larimer Human Resource Board, which
are included as additional background. All City funding for these agencies
will be out of revenue sharing funds.
The 16 agencies and their funding levels are as follows:
Monthly
Annual
1.
Elizabeth Stone Resource Center
$ 797.50
$ 9,570.00
2.
United Day Care Center
831.50
9,978.00
3.
Volunteers Clearing House
333.33
3,999.96
4.
Larimer Association for Retarded Citizens
125.00
1,500.00
5.
Battered Women's Task Force
340.42
4,085.04
6.
Community Crisis and Information Center
2,574.58
30,894.96
7.
Larimer County Youth Homes
426.67
5,120.04
8.
Home Helps
1,514.25
18,171.00
9.
Larimer County Alcohol Services
514.67
6,176.04
10.
Larimer County Association of Blind
and Physically Handicapped
997.00
11.
Colorado Rural Legal Services
275.00
3,300.00
12.
Senior Chuck Wagon
897.00
13.
Neighbor -to -Neighbor
500.00
6,000.00
14.
Poudre-Thompson Transportation Corps, Inc.
1,064.00
15.
Planned Parenthood
1,000.00
16.
Sunshine School
156.25
1,875.00"
Councilman
Wilmarth expressed concern about the
$3,300 allocated
for the
Colorado
Rural Legal Services. He stated that
he knew of
several cases
that
would indicate to him that this organization
should
not be funded.
Councilman
Wilmarth made a motion, seconded by
Councilman
Wilkinson, _to
amend
the Resolution to delete the $3,300 grant to
Colorado
Legal Services.
Yeas:
Councilmembers Bowling, Gray, Reeves,
St. Croix,
Wilkinson and
Wilmarth.
Nays: Councilman Kross.
THE
MOTION CARRIED.
455
December 16, 1980
Councilman Bowling suggested that this request be considered at the January
6th meeting to allow Colorado Rural Legal Services to appear to present
their case.
Councilman Bowling made a motion, seconded by Councilman Wilkinson, to
approve the amended Resolution and to table the portion relating to Colo-
rado Rural Legal Services until January 6th. Yeas: Councilmembers Bowl-
ing, Gray, Kross, St. Croix, Wilkinson, and Wilmarth. Nays: None.
(Reeves withdrawn).
THE MOTION CARRIED.
Mayor Gray asked that staff notify Colorado Rural Legal Services of the
time and date this will be on the agenda.
Tysdal Out -of -City Water
Service Request Tabled Indefinitely
Following is the City Manager's memorandum on this item:
"This is a request for out -of -city water service to a property located in '
the vicinity of Bingham Hill Reservoir. The applicants desire to construct
a single family residence in an area adjacent to existing city water
transmission lines.
The Water Board recommended approval of this request at their October 17,
1980 meeting, subject to the following conditions:
1. Successful negotiation of easements desired by the City in association
with Bingham Hill Reservoir and Claymore Lake.
2. Property owners agree to annexation when desired by the City of Fort
Collins.
The staff recommends approval of this request subject to the above condi-
tions.
The Planning and Zoning Board recommended approval of the Tysdal Out -of -
City Water Service Request (#132-80) subject to the above conditions on a
6-0 vote with one abstention."
Councilman Wilmarth noted that .the Tysdals were the same family that the
City has been trying to obtain easements from for the trail system. He
asked that this item be tabled indefinitely to allow further negotiations I
with the Tysdals on the trail parcels.
456
December 16, 1980
Councilman Bowling made a motion, seconded by Councilman Wilmarth, to table
the Tysdal Out -of -City water request until such time the administration has
a chance to negotiate the trail system easements with them. Yeas: Coun-
cilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wil-
marth. Nays: None.
THE MOTION CARRIED.
Ordinance Adopted Vacating Easements
Streets and Other Public Rights -of -Way
in Collindale. 3rd Filino
Following is the City Manager's memorandum on this item:
"This Ordinance was unanimously approved on First Reading on November 18th
(with Councilwoman Reeves withdrawn) and vacates the easements, streets and
other public rights -of -way in Collindale, 3rd Filing and rededicates them
in their correct location."
City Manager John Arnold noted that this item would normally have been on
the Consent Calendar except for Councilwoman Reeves' conflict.
Councilman Bowling made a motion, seconded by Councilman Wilkinson,
to adopt and approve Ordinance No. 165 on First Reading. Yeas: Council -
members Bowling, Gray, Kross, St. Croix, Wilkinson, and Wilmarth. Nays:
None. (Councilwoman Reeves out of room).
THE MOTION CARRIED.
Suitts Lease Agreement for Portion
of the Poudre and Spring Creek
Trails System, Approved
Following is the City Manager's memorandum on this item:
"The City has negotiated a lease agreement with William and Elizabeth
Suitts for property needed in the Poudre and Spring Creek Trails Systems.
' The property to be leased contains 27.624 acres located east of Lemay
between Highway 14 and Prospect which can be used for open space, biking,
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December 16, 1980
hiking, and equestrian trails. The City has agreed to install and maintain
all improvements at no cost to the Suitts. There is no money to be paid to
the lessor under the terms of the lease. While the lease is for a 25-year
period, it will be terminated when the property is donated 'to the City as
planned after tax considerations are appropriate for the Suitts.
The City greatly appreciates this donation. It is a significant contribu-
tion to our trails program."
City Manager John Arnold pointed out that Mr. Suitts has donated to the
City 33.5 acres of land valued at approximately $67,000.
Mr. Bill Suitts and his son were both present and expressed their apprecia-
tion to the City staff.
Councilman Wilkinson made a motion, seconded by Councilman St. Croix,
to approve this lease agreement. Yeas: Councilmembers Bowling, Gray, '
Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None,
THE MOTION CARRIED.
Resolution Making an Appointment
to the Parking Commission, Approved
Following is the City Manager's memorandum on this item:
"The term of Charles Peterson on the Parking Commission expired in Novem-
ber.
Council needs to consider the attached applications for membership on the
Commission and make an appointment for a term to expire on July 1, 1984."
Councilman Bowling suggested the reappointment of Chuck Peterson, Sr. to
the Parking Commission as requested"by the Commission.
Councilman Bowling made a motion, seconded by Councilman Wilkinson,
to approve the Resolution inserting the name of Chuck Peterson, Sr. Yeas:
Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and
Wilmarth., Nays: None.
THE MOTION CARRIED. ,
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1
December 16, 1980
Ordinance Adopted on First Reading Vacating
a Utility Easement in Lot 2 and Lot 3
Manninq Subdivision, First Filing
Following is the City Manager's memorandum on this item:
"The applicant is requesting vacation of the existing utility easement on
the west 6 feet of Lot 2 and the east 6 feet of Lot 3, Manning First
Subdivision, located west of Shields Street and south of University Avenue.
It is the owner's intent to construct a 24 unit apartment building which
necessitates this vacation. The request was reviewed by the affected City
Departments and public utility agencies, and the staff recommends approval
of the vacation request (#123-80)."
Councilman St. Croix
made a motion, seconded by
Councilwoman Reeves, to
approve Ordinance No.
185 on First Reading. Yeas:
Councilmembers Bowling,
Gray, Kross, Reeves,
St. Croix, Wilkinson, and
Wilmarth. Nays: None.
THE MOTION CARRIED.
City Attorney's Report.
City,.IAttorney Liley distributed copies of the monthly litigation report.
She pointed out that the named defendants in the Jewert case are covered by
one of the City's insurance policies but that punitive damages are not
recoverable under the policies.
City Manager's Report.
City Manager John Arnold noted that there would be a meeting between the
pool and ice rink people and the Parks and Recreation Board on Thursday
night.
He further noted that the quarterly review of the index of street coststo
see if the street oversizing fees need to be adjusted had been completed
and the fees do not need to be increased.
He announced that the Citizens Advisory Board for the quality of life audit
was being established and applications are being solicited for appointment
' in January.
459
December 16, 1980
Councilmembers' Reports.
Councilman Kross reported that the first meeting of the combined Fire
Authority would be held on Thursday.
Citizen Participation
A. Presentation of 1981 Community Calendar by Marge Roberts of the
Co oradoan.
Councilman Bowling received the calendar on behalf of the Council.
B. Presentation of Award of Merit for Municipal Annual Reports to Phyllis_
Griep.
Mayor Gray presented the award to Phyllis Griep.
C. Phyllis Griep presented certificates to all those members of the '
citizen telephone survey team that were present.
Ordinance Adopted on Second Reading
Establishing a Storm Drainage Utility Fee
Following is the City Manager's memorandum on this item:
"The Storm Drainage Board reviewed the proposed ordinance and recommended
adoption of the Storm Drainage Utility Fee. The City Council adopted the
ordinance on First Reading by a 6-1 vote on November 18th and requested
that a public hearing be advertised for the Second Reading on December 16,
1980. The public hearing was advertised for this meeting at 7:30 p.m.
The 1980 budget consolidated the storm drainage activities of the.City into
a "Storm Drainage Utility". These activities included the drainage -related
maintenance functions of the Streets Division and the drainage planning and
review, floodplain administration, and" drainage design functions of the
Engineering Division. One of the proposals in the 1980 budget was to -
implement a monthly storm drainage fee to support the operations, adminis-
tration and maintenance portions of the new utility. During budget discus-
sion, Council decided to delay _implementing such a fee until later in the
year..
1
460
I
December 16, 1980
This past fall, Council reconsidered the monthly fee during budget work
sessions and directed the staff to assemble the information necessary to
implement the fee, with January 1, 1981 as the target date for implementa-
tion.
The Engineering staff has assembled the base data on which the monthly fee
for each property will be based: service address, lot area, intensity of
development, etc. The attached ordinance establishes the monthly fee for
operations and maintenance, describes the methods for determining, collect-
ing and accounting for these fees, and establishes a hearing procedure for
the purpose of reviewing fee determinations.
This ordinance was drafted by the City Attorney's office and was reviewed
by the staff prior to an initial presentation to the Storm Drainage Board
on October 29th."
A public hearing on this item had been advertised and schedules for this
meeting; however no one appeared to speak on the issue.
Councilman Kross made a motion, seconded by Councilwoman Reeves, to adopt
Ordinance No. 168 on Second Reading. Yeas: Councilmembers Bowling, Gray,
Kross, Reeves, St. Croix, and Wilkinson. Nays: Councilman Wilmarth.
THE MOTION CARRIED.
Ordinance Adopted on First Reading
Assessing the Cost of Repair of Certain
Sidewalks and Providing for the Payment
and Collection
Following is the City Manager's memorandum on this item:
"The final inspection of Sidewalk Repair District No. 7 (bounded by Col-
lege, Pitkin, Stover and Laurel, and City Hall block) was completed on
November 14, 1980. The initial action on this improvement district was
prompted by numerous citizen complaints from residents in the area and City
Council created the repair district by Ordinance No. 41, 1980.
Kiefer Concrete was awarded the contract for repair work with unit costs of
$2.19 per square foot for 4" concrete, $2.69 per square foot for 6" con-
crete and $7.86 per square foot for concrete walk affected by tree roots.
Repair work was started on August 4,.1980. The total budget for the
project was estimated at $75,352, including $20,000 for City participation
' for repair work of sidewalks at intersections and at alley entrances.
Final costs for the district were considerably less than the original
estimate, due to the large proportion of work contracted individually by
property owners.
461
The total cost break -down is as follows:
Construction cost, property owner
Construction cost, City
Total construction cost
December 16, 1980
$12,655.37
$13,424.09
$26,079.46
Assessment for Engineering and Other Incidentals 10%
Assessment costs are as follows:
Engineering 6%
Legal & Publication 4%
_MF
The assessment roll is a part of the Ordinance and lists the last known
owner of each property, the address of each property and the amount to be
assessed. The assessed amount is broken down for each property per each
phase of construction including the 10% administrative charge.
Councilman Wilkinson made a motion, seconded by Councilman Bowling,
to adopt Ordinance No. 186 on First Reading. Yeas: Councilmembers I
Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays:
None.
THE MOTION CARRIED.
Request to Consider Formation of a
Downtown Development Authority Discussed
Following is the City Manager's memorandum on this item:
"The Downtown Steering Committee will make a presentation requesting
Council call an election for the formation of a Downtown Development
Authority. Karl Carson, chairman of the Committee, will be making the
presentation. You may want to refer this matter to the staff for review
and preparation of the formal ordinances that you would need to consider to
call such an election. Staff could have that review completed and the.
ordinances prepared for your next meeting, January 6, 1981. Your schedule
for that meeting includes a public hearing on the downtown and this item
would fit perfectly with that hearing.
You may want to refer to Dr. Carson's letter regarding the establishment of
a Downtown Development Authority which was sent to you several weeks I
ago."
E,
' December 16, 1980
Dr. Karl Carson made a presentation regarding the formation of a Downtown
Development Authority. He presented petitions circulated in support of the
formation of the Authority.
Councilman Bowling suggested that the Steering Committee serve as a nomi-
nating committee for the Authority.
Councilman Bowling made a motion, seconded by Councilman Wilkinson, to
accept the report of the Steering Committee and to direct staff to proceed
with establishing an election date. Yeas: Councilmembers Bowling, Gray,
Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution for Inducement for
Industrial Development Bonds, Approved
' Following is the City Manager's memorandum on this item:
"The City of Fort Collins has received a formal request from the Linden
Square Partnership to issue $5,500,000 of Industrial Development Bonds to
support their rehabilitation projects in Historic Old Town. Their two
projects are the Linden Hotel/Salvation Army buildings and the Northern
Hotel. They own the Linden Hotel and the Salvation Army Buildings and have
an option to purchase the Northern Hotel. Council has been furnished
separately the report prepared by the Partnership outlining the rehabili-
tation program for both projects. The essence of the program would be to
restore the exterior of all buildings to their original character and to
rebuild the interior for a mix of uses.
The Linden Square Partnership consists of four individuals. They have all
submitted certified financial statements. Review of those statements
indicates a substantial net worth with the financial ability to support a
project of the magnitude proposed.
The specific action requested of the City Council at this point is the
adoption of an Inducement Resolution. If adopted, the wheels will then be
set in motion to do the detailed design, financial and legal planning
required for the actual issuance of the Industrial Development Bonds. The
Inducement Resolution is not intended to be a binding commitment to issue
the bonds but rather indicates the interest and intent of both parties to
move to the next more detailed step. Obviously, there are many details to
' reconcile before either the Partnership or the City would be in a position
to make specific commitments.
463
December 16, 1980 '
This is the first formal request for Industrial Development Bonds received
by the City. We anticipate there will be others, and we think it appro-
priate to have some criteria by which to evaluate the practicality and
suitability of each. A memo from Ron Wood is included which outlines
guidelines for determining what conditions must be present for issuing
IDB's. This request meets all of the City policies relating to encouraging
downtown development, enhancing the economic vitality of downtown, and
restoring the historic character of the Old Town Historic District.
Staff recommends adoption of this Inducement Resolution and further re-
quests Council to direct staff to work cooperatively with the Linden Square
Partnership in the next phase of this project."
City Attorney Liley described several minor amendments that were needed to
the Resolution.
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to
amend the Resolution as outlined by the City Attorney.
John Knezevich, 708 W. Oak, expressed several concerns regarding this
proposal and suggested that Council strongly consider the philosophy I
associated with these bonds.
Eugene Mitchell spoke in favor of this proposal.
Councilman Kross made a motion, seconded by Councilman Wilkinson, to
approve the Resolution. Yeas: Councilmembers Bowling, Gray, Kross,
Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Other Business
Councilman Wilmarth made a motion, seconded by Councilwoman Reeves, to
include in the 1981 April Charter amendments, a runoff system for at -large
elections and to ask the staff to come back with a specific proposal.
Councilwoman Reeves asked if Councilman Wilmarth was specifically excluding
the district elections. Councilman Wilmarth replied that he was at least
until after this next election.
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to
amend the motion to read that this be referred back to the Chamber of
Commerce and the League of Women Voters and staff, with staff to report ,
back to Council in January on a runoff procedure for the general election.
I
December 16, 1980
City Attorney Liley requested clarification of Council direction.
Councilman Wilkinson replied that staff was to work with the two organiza-
tions to develop an ordinance not present an ordinance for their approval.
If the twoogranizations are not w lling to do this, staff is to report
back and the probable direction will be for staff to develop an ordinance
on their own.
Councilman Kross questioned why they were asking staff to devote more
effort into developing a system that there may not be support for. He
suggested dealing with the issue.
Councilman St. Croix concurred with Councilman Kross' statements.
Mayor Gray suggested a meeting between herself, Councilman Wilmarth and the
City Attorney and any other Councilmember who would like to offer input or
suggestions.
The vote on the above motion and amendment was as follows:
Yeas: Councilmembers Bowling, Gray, Reeves, Wilkinson, and Wilmarth.
Nays: Councilmembers Kross and St. Croix.
THE MOTION CARRIED.
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to
adjourn into Executive Session to discuss legal matters. Yeas: Council -
members Bowling, Gray, Reeves, St. Croix, and Wilkinson. Nays: Council -
members Kross and Wilmarth.
THE MOTION CARRIED.
Adjournment
At the conclusion of the Executive Session, the meeting adjourned at 9:45
p.m. If I i A
ATTEST:
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465