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HomeMy WebLinkAboutMINUTES-09/18/1979-RegularSeptember 18, 1979 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, September 18, 1979, 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, Mabry, C. Smith, Dick, Lanspery, Krempel, Mills, Wood, B..Smith, Rupel, Lee, Harmon, Balok, Phillips, Liley and Lewis. Agenda Review: City Manager City Manager John Arnold stated he had one item to pull off the Consent Agenda and two items of Other Business. There also would be some amendments on the Airport items, due to some late in- formation. The following items were removed from the Consent Agenda: Item No. 18. Hearing and First Reading of Ordinance No. 118, 1979, Relating to Payments In -Lieu of Water Rights and Increasing the amount of said payments. Item No. 19. Hearing and First Reading of Ordinance No. 119, 1979, Zoning the South College Properties Annexation. Consent Calendar: These are items of a routine or non -controversial nature, on which a unanimous vote of approval is expected. Anyone may request an item on this calendar be "pulled" off the consent calendar and considered separately. (The purpose of this calendar is to allow Council to spend its time and energy on more important items). The Consent Calendar presented was as follows: 4. Consider Approval of the Minutes of the Regular Meeting of September 4, 1979, and the Adjourned Meeting of August 28, 1979. - 139 - September 13, 1979 S. Second Reading of Ordinance No. 105 1979 Relating to the Lease/ Purchase of Xerox Copy Machires. This Ordinance was adopted unanimously on first reading on August 28th and provides for the lease/purchase of Xerox copy machines. 6. Second Reading of Ordinance No 106 1979 Vacating a Portion of an Access Easement on Lot 2, Block 1, Thunderbird Estates. This Ordinance was adopted unanimously on first reading on September 4th and is a request to abandon the West 20 feet of an access easement in Thunderbird Estates, 9th Filing. 7. Second Reading of Ordinance No. 107 1979 Relating to Local istricts Public Improvements and the Establishment of Special Improvement D This Ordinance was adopted unanimously on first reading at the September 4th meeting and was prepared to better utilize the Special Improvement District concept. 8. Resolution Establishing the Office of Emergency Management and Appointing Dennis L. Bruns as Director. 9. Second Readin, of Ordinance No. 110 1979 Appropriating Reserve Funds in tha Gnlf Fnn fi 10 11 This Ordinance was adopted unanimously on first reading on September 4 and appropriates $6,000.00 from accumulated reserves for a study on the proposed Pineridge Golf Course. Second Reading of Ordinance No. 111, 1979 Appropriatin Reserve Funds and Unanticipated Revenue in the Seven -Year Capital Fund. This Ordinance was adopted unanimously on first reading on September 4 and appropriates additional monies for the Seven - Year Capital Fund. Various Deeds and Easements a. ,Power line easement from Peterson Construction Co. to provide electric service to 3 lots in the Maxwell Sub- division. Consideration: $1.00 b. To correct a 1975 right-of-way easement with Pizza Hut for the Lemay Avenue Extension certain documents were acquired to resolve the boundary difficulties. Consideration: $718.74. - 140 - 1 1 September 18, 1979 12. Emergency Purchases a. 1" water services b. Fencing materials for the Orchard Walkway. 13. Hearing and First Reading of Ordinance No. 115, 197 a Portion of a Utility Easement in Lake Sherwood Su Third Filina. This Ordinance vacates a small portion of a utility easement to allow an owner to add a fireplace to his unit. 14. Hearing and First Reading of Ordinance No. 116, 1979, Vacatin a Portion of a Utility Easement in Lake Sherwood Subdivision, Third Filinq. This Ordinance vacates a small portion of a utility easement to allow an owner to add a fireplace to his unit. 15. Hearin, and First Reading of Ordinance No. 117, 1979, Amendin the ehicles and Traffic Ordinance and Relating to Parking. 16. 17 18 19 This Ordinance addresses the problem of shuttling of vehicles from parking spaces in a given block. nd Set the Date for the Public Hearin 21 Council will receive the 1980 Budget and set the date for the official Public Hearing for Oct. 2nd. Resolution Creating a Parking Commission. This Resolution would create a 7 member Commission to investigate parking related issues and bring recommendations to Council. Hearinq and First Readinq of Ordinance No. 118, 1979, Relating to Payments In -Lieu of Water Rights and Increasing the amount . of Said Payments. This Ordinance would increase the in -lieu of water rights value from $1,600 to $2,000. Hearing and First Reading of Ordinance N South College Properties Annexation. ing the This ordinance zones the South College properties and places conditions on uses in the different zones. - 141 - September 18, 1979 20. Fox Meadows Subdivision, Final. This is a final proposal for a 244 unit single family subdivision on 65.68 acres located at Horsetooth Rd�east of Timberline Rd. 21. Lory Ann Estates (formerly Trailside Subdivision) This is a name change on a subdivision plat approved by Council on September 5, 1978-, 22. RCD Plaza South Subdivision, Final. This is a final proposal for a5lot Commercial Subdivision on 4 acres located on South College Avenue between the Prime Minister and Dick's Datsun. 23. Trail West P.U.D., Final Plan This is a final proposal for a 200 unit P.U.D. on 18.4 acres located west of Overland Trail and Stuart Street extended. E N D C 0 N S E N T Ordinances presented for adoption on First and/or Second Reading were read by title by, City Clerk, Verna Lewis as follows: Ordinance No. 105, 1979 Relating to the. Lease/Purchase of Xerox Copy Machines. Ordinance No. 106, 1979 Vacating a Portion of an Access Ease- ment on Lot 2, Block 1, Thunderbird Estates. Ordinance No. 107, 1979 Relating to Local Public Improvements and the Establishment of Special Improvement Districts. Ordinance No. 110, 1979 Appropriating Reserve Funds in the Golf Fund. Ordinance No. 111, 1979 Appropriating Reserve Funds and Unanti- cipated Revenue in the Seven -Year Capital Fund. Ordinance No. 115, 1979 Vacating a Portion of a Utility Easement in Lake Sherwood Subdivision, Third Filing Ordinance No. 116, 1979 Vacating a Portion of a Utility Easement in Lake Sherwood Subdivision, Third Filing 1 - 142 - September 18, 1979 i Ordinance No. 117, 1979 Amending the Vehicles and Traffic Ordinance and Relating to Parking. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt and approve all items remaining on the Consent Calendar. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. Ordinance Tabled on First Reading Relating to Payments In -Lieu of Water Rights and Increasing the Amount of Said Payments. Following is the City Manager's memorandum on this item. "In December of 1978, Council approved an increase in the in -lieu of water rights value from $1,200 to $1,600. At that time it was believed the City should keep its rate in line with the price of Northern Colorado Water Conservancy District water. The market sale price of NCWCD water at the present time is approximately $2,000 per unit. A check with other entities on their in -lieu of price resulted in the following rates: Loveland $1,750 Greeley $2,000 Longmont $2,000 (just approved) ELCO Water District $1,800 Fort Collins/Loveland Water District' $2,300 (effective 9-15-79) If the City of Fort Collins is to continue the past policy of main- taining a price approximately equal to NCWCD water, staff recommends that the rate be increased to $2,000 per acre foot. This proposed increase was presented to the Water Board on August 17 ,and received their approval. Councilman Wilmarth stated that it was his belief that after "having inquired intensively, it would be appropriate for us to amend Ordinance No. 118, 1979, to provide the increase in -lieu of water rights value to $2,200.00, at this time." Councilman Wilmarth made a motion, seconded by Councilman Kross, to amend Ordinance No. 118, 1979, by striking the word "two thousand" and substituting the word "twenty two hundred". - 143 - September 18, 1979 Public Works Director, Roger Krempel stated the Water Board had recommended that the City not lead the market but to stay one or two hundred below the market. Councilwoman Gray, made a motion, seconded by Councilman Wilkinson, to table Ordinance No. 118, 1979, with direction to refer this item back to the Water Board. YEAS: Councilmembers Gray, Reeves, St. Croix and Wilkinson. NAYS: Councilmembers Bowling, Kross, and Wilmarth. THE MOTION CARRIED. Ordinance Adopted, Amending the Code Relating to Conditional Zonino. Following i,s the City Manager's memorandum on this item. "This Ordinance was adopted on a 6 - 1 vote on first reading at the September 4th meeting and would implement a procedure for placing use -related restrictions upon property within the Zoning ordinances themselves and would designate those zonings as "Conditional Zones" on the zoning map.0 Mr. Barry Mc Fall, 112 E. Stuart Street, spoke in opposition to adoption of this Ordinance and requested Council not adopt the ordinance on Second Reading. Councilman Wilmarth spoke in opposition to adoption of the Ordi- nance, and presented an oral argument to substantiate his oppo- sition, concluding that the Council is premature in adopting this ordinance at this time. City Attorney Liley commented that the City can continue to zone by contract, as in the past, and the legal staff feels comfortable with either technique but it is a Council decision. Councilwoman Reeves, made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 108, 1979, on Second Reading. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. NAYS: Councilman Wilmarth. THE MOTION CARRIED. - 144 - September 18, 1979 Ordinance Adopted as Amended on First Reading, Zoning the South College Properties Annexation. Following is the City Manager's memorandum on this item. "On September 4th, Council denied on second reading Ordinance No. 45, 1979, zoning the South College Properties Annexation. This new zoning ordinance zones 58.2734 acres H-B, 23.3527 acres R-P, 19.8363 R-M-P, and 61.2488 acres B-P. The new ordinance also places conditions on uses in the different zones and requires that each of the "super blocks" involved must be master planned prior to consideration of any plat or site plan or issuance of any building permits. . This ordinance will appear on second reading on October 2nd along with second reading of the annexation ordinance." Planning and Development Director, Charles Mabry recommended an amendment to the exhibit, that will create an additional super block in the area, to be Super Block 7. Councilwoman Gray, made a motion, seconded by Councilwoman Reeves, to amend Exhibit A, by adding a Super Block 7, to the Exhibit. YEAS: Councilmembers.Bowling, Gray, Kross, St. Croix, Reeves, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 119, 1979 on First Reading (this motion was later withdrawn) Attorney Paul Baetz, representing Mr. Wayne Shrader and Mr. George Holter, stated it was his understanding that this item was to be synchronized with the plans for the Improvement District. Attorney Duane Woodard representing Fred and Margaret Bachman, requested all items be considered together, i.e. Annexation, Zoning and Special Improvement District. Attorney John Walker representing Mr. and Mrs. Joe Pease, also requested the three items be considered as one package. - 145 - September 18, 1979 Mr. Carr Bieker of ZVFK, spoke to the formulation of assessements on the Special Improvement District. Councilmembers requested that these items come back as a package. Councilman Wilkinson made a motion, seconded by Councilman Wilmarth, to table First Reading of Ordinance No. 119, 1979, to October 2, 1979. YEAS: Councilmembers Wilkinson and Wilmarth. NAYS: Councilmembers Bowling, Gray, Kross, Reeves and St. Croix. THE MOTION FAILED. Councilman St. Croix made a motion to adopt Ordinance No. 119, 1979, and as a condition of the motion, that at the time of Second Reading, the total package including the Special Improve- ment District be brought together. Mayor Bowling declared the motion dead for lack of second. At.this time Councilman Wilkinson withdrew his original motion. Councilman Kross made a motion, seconded by Councilman St. Croix to adopt Ordinance No. 119, 1979, on First Reading. YEAS: Councilmembers Bowling, Kross, St. Croix, and Wilkinson. NAYS: Councilmembers Gray, Reeves, and Wilmarth. THE MOTION CARRIED. Out of City Service Request Aporoved. Following is the City Manager's memorandum on this item. "Harold Fisher has requested out -of -City sewer service at 1101 East Lincoln and out -of -City water and sewer service at Lemay and Riverside. These requests were favorably considered by the Water Board on August 17, and by the Planning and Zoning Board on September 10. - 146 - September 18, 1979 i If Council votes to approve this request, the petitioner will berequired to enter into an agreement with the City which meets all Code requirements relating to out -of -City service including agreement to annex the property when eligible." Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to approve the Out of City Service Request of Harold Fisher. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St.. Croix, Wilkinson, and W lmarth..\ NAYS: None THE MOTION CARRIED. Payment of Stearns -Roger for Architectural Fees on the Lincoln Community Center Approved. Following i,s, the City Manager's. memorandum on this, item. Lucia, Jim Harmon, Earl, and I met with Koch Construction and explored the'' possibility of Stearns -Rogers being in error on Lincoln Community Center. Specifically, we tried to ascertain whether Stearns -Rogers billed us for the correcting of their own errors. Koch was unable to offer any thoughts or comments that would substantiate this particular fear. In fact, their on-the-job superintendent, Doug Staver, informed us that he thought Sterns had done an exceptionally good job. We have no further complaints against Stearns -Rogers that are able to be in any way substantiated. We therefore need to have Council authorize payment to Stearns -Rogers of all appropriate architectural fees. For your information, these fees total approximately $11,710.69 through July of 1979. There will be in the neighborhood of $5,000 of additional expenses since then. This is in full accord with the contract. These expenses are broken down as follows: March April May June July sub total Basic services total $4,305.55 ) 3,030.50) Additional 988.50) Services 729.14 ) 2,206.54 ) $ 1, 62 0 2323 2,657.00 ST-3,917.23 - 147 - September 18, 1g79 As you know, the architect is now in the process of trying to close out the 1, building. Final punch lists will be walked through, subcontractors paid, and the building closed out. The architects "meter is running" until that I building is closed out and finaled and all documents are turned over to the City. recommend you authorize that at the next City Council meeting. " City Attorney Liley, called Council's attention to a Memorandum from Facilities' Manager, Tom Frazier, relating to Close -Out Documents for the Lincoln Community Center. Councilman Wilmarth addressed the Clifton Gunderson findings relating to the construction cost overruns at the Lincoln Community Center, adding that he has heard no justification from the staff or others as to why Council should pay Stearns -Roger, when they have admittedly failed to comply with their own architectural forms and agreements. He concluded that until a full exposition of all this, that we (Council) should not allow a "whitewash" to go on when the only justification is that City Personnel told them to do it. Councilwoman Gray made a motion, seconded by Councilman St. Croix, to approve the payment to Stearns -Roger for architectural fees on the Lincoln Community Center. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. NAYS: Councilman Wilmarth. THE MOTION CARRIED. Authorization of Change Order No. 16, With Koch Construction Approved. Following is the City Manager's memorandum on this item. Change order #16 on the Lincoln Community Center with Koch Construction is a credit to the City of architect fees worth $4,177. This is a change order that allows Koch to pay this amount of the architect fees. The change order has been held since March pending resolution of problems with Koch and Stearns - Roger. Those problems having been resolved to our satisfaction, I 'recommend authorizing execution of change order k16. - 148 - September 18, 1979 Councilwoman Reeves made a motion, seconded by Councilwoman Gray to authorize execution of Change Order No. 16. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, and Wilkinson. NAYS: Councilman Wilmarth. THE MOTION CARRIED. Award of Bid for Certain Segments of the Trail System Approved. Following is the City Manager's memorandum on this item. "Council asked that this item be considered at a regular Council meeting when more members of Council will be present. Staff is putting together the answers to Council questions con- cerning the bids received. Because of the tight deadline for agenda materials this item will go out under separate cover." BID INFORMATION 2" Asphalt 4" Base 4" Asphalt 4" Concre Sterling $374,580 $340,080 No Bid Flatiron $323,567 $312,527 $360,827 Eng. Est. $296,190 $273,910 $319,910 Councilwoman Gray made a motion, seconded by Councilman St. Croix, to award the bid for 4" concrete to Flatiron in the amount of $ 3 6 0 , 8 2 7 . YEAS: Councilmembers Gray, Kross,.St. Croix. NAYS: Councilmembers Bowling, Reeves, Wilkinson and Wilmarth. THE MOTION FAILED. Councilwoman Wilkinson made a motion, seconded by Councilman Wilmarth, to award the bid for 4" asphalt to Flatiron in the amount of $312,527. YEAS: Councilmembers Bowling, Gray, Kross, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. - 149 - September 18, 1979 Citizen Participation Assistant Mayor Nancy Gray presented plaques lof appreciation to the Urban Renewal Authority, which was recently disbanded. Mayor Bowling presented plaques ',of appreciation to the Fort Collins, and Poudre Valley Fire Departments for their parti- cipation in the Muscular Dystrophy Fund Raising. Mr, Tony Giacopelli, reported he had entered into an agreement with the Junior Chamber of Commerce to provide benches for Bus Stops, but that Council permission is required. This item was referred to the administration for a recommendation. Sale of Mathews Street ProDerty ADDroved Following is the City Manager's memorandum on this item. ,-We have included the background information previously sent to you regarding the property located at 301-307 Mathews (behind DMA Plaza). Staff is requesting a decision on whether to sell the property to the Housing Authority." Mr. Charles Muenzberg, chairman of the Housing Authority, spoke in support of the request on behalf of the Housing Authority for 22 units of elderly housing. Councilmembers St. Croix, Wilkinson, and Wilmarth spoke in opposition to the request, mainly due to parking criteria. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to sell the site to the Housing Authority. YEAS: Councilmembers Bowling, Gray, Kross and Reeves. NAYS: Councilmembers St. Croix, Wilkinson and Wilmarth. THE MOTION CARRIED. Ordinance Adopted on First Reading, Appropri- ating Reserve Funds and Unanticipated Revenue in the Park Acquisition Fund Following is the City Manager's memorandum on this item. "Since the 1979 Parkland Budget was adopted in October, 1978, there have been a number of changes to the proposed revenues. These changes, as reflected on the attached Comparative Budget Summary are: - 150 - September 18, 1979 1. Beginning Fund Balance was budgeted at $86,600 and the actual Beginning Fund Balance is $194,415--an increase of $107,815. This increase was the result of not being able to complete construction of Lee Martinez Park in 1978'. 2. We did not anticipate the receipt of $27,460 in State Grants for (1) the purchase of Overland Park ($25,000) and (2) re- imbursement for development of Alta Vista Mini Park ($2,460) 3. We underestimated the revenue to be received from the Parkland Fees by $78,900. Attached is a Summary of Parkland expenditures by project with a brief explanation for the adjustments. The total amount requested to be appropriated is $200,407." Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 109, 1979, on First Reading. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. Resolution Tabled Authorizing the Acqui- sition,by Eminent Domain of Certain Lands in the Citv. -The developers of Cunningham Corners have requested a drainage easement to allow the discharge of water into the New Mercer Ditch. In order to discharge into that facility, at 45' ease- ment will be needed across the north side of Mrs. Wilhite's property. The developers have had the property appraised and have offered the appraised price to Mrs. Wilhite; however, she has not accepted their offer. Council should hear the developer's presentation and decide whether the condemnation is appropriate and in the public interest." Mr. Gil Ellerby related a history of contracts with Mrs. Wilhite regarding acquisition of an easement through her property, which have been unsuccessful and requested that the city use its con- demnation powers to allow the matter to go to court for disposition. Attorney Don Weinland, representing Mrs. Wilhite, addressed the offer from the Ellerby's to Mrs. Wilhite, and the counter offer. He then requested that Council table this matter to a later date when the developers- can show that they have attempted good faith efforts in negotiations. - 151 - September 18, 1979 Councilman St: Croix made a motion, seconded by Councilwoman Gray, to table this item for 30 days, to give the developers and Mrs. Willhi,te a.nd City Staff time to attempt to resolve this problem. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. Resolution Adopted Committing Community Development Block Grant Funds for Improvements In the Downtown Area. Following is the City Manager' memorandum on this item, At Council direction, the Historic Old Town Planning Committee has separated Phase One of their improvement program into two segments. Segment One can be funded with the $189,500 from CDBG funds. Funding for Segment Two will be considered in the discussions of the General Improvement District budget. The Resolution commits the Council to use of the CDBG funds for this specific project and also outlines the general scope of the project, timing and financing and the general responsibilities of the parties involved. Detailed performance contracts will be entered into with the contractors when they are selected. i Staff recommends approval." Councilmembers expressed concern for Community Development Glock Grant monies which are intended to assist low income persons, and for the traffic, road block at Lincoln Street. Councilwoman Gray; made a motion, seconded by Councilwoman Reeves, to adopt the Resolution. YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilmarth. NAYS: Councilmembers Kross, Wilkinson. THE MOTION CARRIED. Comments on the 1980 Budget Mayor Bowling requested a showing of hands, of those people wishing to comment on the budget. No one was present to speak. - 152 - September 18, 1979 Les Chatelets Final P.U.D. Approved Following is the City Manager' s memorandum on this item. "This is a proposal for final approval of a 114 unit P.U.D. (18 6-plex and 2 3-plex units) on seven acres, located north of Elizabeth Street and west of Taft Hill Road, at the end of Plum and Orchard Streets extended. Density on site is 16.29 DU/ac. The site is zoned R-M-P, allowing for a maximum density of 20 DU/acre. At their regular business meeting on March 12, 1979, the Planning and Zoning Board recommended approval of the preliminary P.U.D. of Les Chatelets subject to a number of conditions including that the Board have the opportunity to review the final site plan. The City Council approved the preliminary P.U.D. plan based upon the Planning and Zoning Board's recommendation and on a revised site plan which had been submitted by the applicant. At their regular business meeting on June 18, 1979, the Planning and Zoning Board recommended approval of the final site plan of Les Chatelets P.U.D. subject to the following conditions: a. The bikepath be a minimum of 10' in width; b. A minimum 20' landscaped area be provided between the proposed buildings and parking lot and the abutting mobile home park property; c. No windows be permitted on the sides of the multiple -family buildings abutting adjoining property lines. Staff recommends approval of Les Chatelets P.U.D., Final, as the above conditions have been satisfactorily met. There are no outstanding issues or unresolved problems with this final P.U.D." Attorney William Allen representing the petitioner reported that the changes requested had been made, that this is proper plat for this area, and requested approval. Mrs. Patricia Hoffman, 2211 West Mulberry spoke in opposition to approval of this plat, due to the density, lack of buffering between this area and the adjoining presidential area, the street width, and the active open space. Mrs. Hoffman also questioned procedures used in processing this plat. Mr. Charles Hoffman 2211 West Mulberry Street, spoke of drainage on the property. Mr. Joe Parsons, 804 South Taft Hill Road questioned the city's storm drainage in this area. Mr. Terry E. Everett, 2420 West Plum, spoke in opposition to the P.U.D. due to the traffic problems on Ponderosa, and Plum; the - 153 - September 18, 1979 drainage problems and the density. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to approve the Les Chatelets' Final P.U.D. Councilman Wilmarth made a motion to table this item for two weeks. Mayor. Bowling declared this motion dead for lack of a second. Mayor. Bowling then put the pending motion with the following vote. YEAS: Councilmembers Bowling, St. Croix and Wilkinson. NAYS: Councilmembers Gray, Reeves and Kross. Councilman Wilmarth abstained. .The Mayor declared that the motion carried.. King P.U.D., Preliminary and Final Plan and Variance Requests Aooroved. Following is the City Manager's memorandum on this item. --The developer is requesting preliminary and final P.U.D. approval for a 1.89 acre site consisting of three six-plex buildings, four three-plex buildings (for a total of 30 units), .84 acres of open space and requisite local streets. The site is zoned R-M-P and is presently used for the grazing of horses . The property is located east of Taft Hill Road and north of Elizabeth Street at the end of Plum and Orchard Streets. The surrounding zoning and land uses are as follows: N: ML; existing mobile home park S: BP; single family residence E: RMP; vacant (proposed multiple family residences in the Les Chatelets development) W: RL; vacant Bedroom mix - - - - - - - - - - - - 100% 2-bedroom units Density - - - - - Maximum floor area - - - - - - - - - 15 8 units/ -acre Building coverage - - - - - - Parking coverage - - - - - R.O.W. coverage - - - - - - - - - - 8,000 sq. ft. (six-plex) 4,000 sq. ft. (three-plex) - - - 15,000 sq. ft. (18%) - - - 20,560 sq. ft. (25%) - - - 9,970 sq. ft. (12%) 1 1 - 154 - September 18, 1979 Open space - - - - - - - - - - - - 36,715 sq. ft. (45%) Active open space - - - - - - - ---12,460 sq. ft. (15%) Parking required - - - - - - - - - 53 spaces Paking provided - - - - - - - - - 60 spaces As the site is approximately 1.89 acres in size a variance is necessary in order to develop the site as a P.U.D. At their regular business meetings on June 18, 1979 and July 9, 1979 the Planning and Zoning Board recommended approval of the pre- liminary and final plan and the variance of the 2 acre minimum of the King P.U.D. subject to the following conditions: 1. A temporary turnaround be provided at the end of Plum Street; 2. The bikepath be a minimum of 10' in width. Staff recommends approval of the preliminary and final plan and variance request of the King P.U.D., as the above conditions have been satisfactorily met. There are no outstanding issues or unresolved problems with this final P. U. D. Chief Planner Curt Smith identified the area in question and out- lined the conditions,which had been met. Attorney William H. Allen representing the owners spoke in favor of the P.U.D., Mr. Carr Biecker, representing the owner also spoke in favor of the plan. Mr. Terry. Everett 2420 West Plum, spoke in opposition to the P.U.D., due to uhe high density and the need to address a buffer zone to the residential area. Mr. John Gilsdorf, 725 Taft Hill Rd., spoke in opposition to the P.U.D., due to the high density and the potential traffic problems. Councilman St. Croix made a motion, seconded by Councilman Wilkinson to approve the King P.U.D., Preliminary and Final Plan, and the approval of the variances. YEAS: Councilmembers Bowling, Kross, St. Croix, Wilkinson and Wilmarth. NAYS: Councilmembers Gray and Reeves. THE MOTION CARRIED. - 155 - September 18, 1979 Resolution Adopted Adopting an Annual Budget for Fort Collins/Loveland Municipal Airport. Following is the City Manager's memorandum on this item. ,,In past years the Fort Collins/Loveland Airport operations have been directed by an airport board. Formal budgets have not been included in the annual budget process for either of the two cities. In 1979 the Airport Board was dissolved and replaced by an ad hoc committee composed of the Mayors and City Managers of Fort Collins and Loveland and the Airport Manager. In addition, a formal budget has been prepared and is included in the 1980 Fort Collins budget document. The Airport budget will not be included in the annual appropriation ordinance but is shown for information purposes. There are two items in the proposed budget that require some explanation. FAA grant for parallel taxiway . Option to purchase T-hangars. The FAA Grant provides $1,410,000 for a parallel taxiway and requires each city to contribute $176,250 over the term of construction. The City of Fort Collins does not have the ability to include such an amount in the 1980 budget, therefore we are proposing to arrange a line of credit with a local bank. The total amount drawn down including interest computed at 7.5% per annum would be due and payable at the end of construction, pro- bably during the spring of 1980. At that time permanent fi- nancing would be arranged through the issuance of revenue bonds. We would pledge sales tax revenues against the bonds with the intent of paying all or a portion of the annual payments from the net income of the Airport. The 1979 revised budget includes exercising an option to purchase 20 T-hangars. The net purchase price would be $132,500, of which the City of Fort Collins would be responsible for $66,250. Atta- ched are two statements of changes in financial position for the Airport. The first shows the effect of not exercising the option and the second shows the effect of exercising the option by debt financing over 10 years at 7.5%. Also included is an analysis of the total cash paid through non -debt and debt financing. The non -debt financing alternative assumes that the Airport, through contribution from the two cities, will have cash on hand to exercise the option to purchase in one of five years from 1980 through 1984. It is more probable that the cash will not be available. The debt financing alternative assumes that the two cities will provide the necessary funds to exercise the purchase option by entering into short term (12 months or less) - 156 - September 18, 1979 loan agreements with the option to extend the loans annually up to 10 years. Attached is a schedule showing the payments.,.of such an agreement. It is probable that this debt could be retired from the operating income of the Airport without an increase in contributions from either of the two cities." Recommendation: Adopt the Resolution approving the 1980 Air- port budget which anticipates the following actions: I. FAA Grant Arrange a line of credit not to exceed $176,250 during time of construction with the intent of issuing sales tax revenue bonds for permanent financing at the end of construction. 2. T-hangar Option Exercise purchase option in 1979 by debt financing through short term loans with the option to renew each year up to 10 years. City Manager called Council's attention to changes which need to be made, and addressed five items related to the Airport as follows: 1. Adoption of the budget - a revised budget has been submitted to Council. 2. Exercising the City's option to purchase the T-hangars. 3. Item No. 42 authorized the City to borrow funds to pay for the hangars. 4. Item No. 43 are two resolutions for work to be done on the taxi -way, and: 5. Item No. 44 is an emergency ordinance authorizing the borrowing of monies for construction of the Taxi -Way. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to adopt the resolution with amended budget. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. - 157 - September 18, 1979 Resolution Authorizing the City to Exercise an Option to Purchase T-hangars at Fort Collins/Loveland Municipal Airport. Following is the City Manager's memorandum on this item. ,,When Max Hoffman ceased being the Fixed Base Operator at the Fort Collins/Loveland Municipal Airport, the City negotiated an option agreement with him to purchase the 20 T-hangars located at the Airport. Last year the two cities elected to pay the $15,000 option renewal payment; however, this year Director of Finance, Ron Wood, has determined that the present financial condition of the Airport will permit us to exercise the purchase option without cost, in the long run, to the cities. Exercising the option will permit us to acquire the T-hangars at less than the present fair market value. By financing the option price of $132,500 over a period of 10 years, we feel relatively certain that the continued growth of revenues from Airport operations will be more than sufficient to retire this debt. Fort Collins' share of the total payment ($66,250) will be pro- vided by a short term loan from the First National Bank of Fort Collins with a "roll over" provision permitting the note to be extended annually. It is our understanding that the City of Loveland is arranging a similar type of financing. Councilwoman Gray made a motion, seconded by Councilman Wilkinson, to adopt the resolution." YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. Ordinance Adopted on First Reading Authorizing the City to Borrow.Money to Purchase 20 T- hangars at Fort Collins/Loveland Municipal Airport Following is the City Manager's memorandum on this item. "See memo for previous agenda item for background information." 1 - 158 - September 18, 1979 Councilwoman Gray made a motion, seconded by Councilman Kross, to adopt Ordinance No. 120, 1979, on First Reading. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. NAYS: Councilman Wilmarth. THE MOTION CARRIED. Resolution Adopted Authorizing an Agreement with Einsenhour I Construction Company for Construction of a Parallel Taxi -Way. Following is the City Manager's memorandum on this item. The bids for the parallel taxi -way at the Fort Collins/ Loveland Municipal Airport were opened on September 11th. To allow time for staff evaluation of the bids, background materials are being sent under separate cover. Federal Aviation Administration regulations require the contract to be awarded prior to October 1, 1979; therefore, the administration will be making a recommendation for Council action at the September 18th meeting." City Clerk Verna Lewis read the resolution at length. Councilwoman Reeves made a motion, seconded by Councilman Wilkinson to adopt the resolution. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. Resolution Adopted Authorizing an Agreement with Flo's Electric for Construction of a Parallel Taxi Way, City Clerk Verna Lewis read the resolution at length. Councilwoman Reeves made a motion, seconded by Councilman Wilkin-. son to adopt the resolution. - 159 - September 18, 1979 YEAS; Counci,lmembers. Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wi,lmarth... NAYS: None THE MOTION CARRIED. Ordinance Adopted as an Emergency Ordinance Authorizing Funds for Construction of Parallel Taxi -Way at Fort Collins/Loveland Airport. Following is the City Manager's memorandum on this item. nThe Cities of Fort Collins and Loveland have been awarded a Federal Avia- tion Administration Grant in the amount of One Million Four Hundred Ten Thousand Dollars ($1,410,000.00) for .the construction of a parallel taxi- way at the Fort Collins -Loveland Municipal Airport. As a condition to the acceptance of the grant, the Cities of Fort Collins and Loveland are required to provide matching funds in the amount of twenty percent (20%). The City of Fort Collins' share of the amount required is One Hundred Seventy -Six Thousand Two Hundred Fifty Dollars ($176,250.00). The City of Fort Collins does not have the ability to include such an amount in the 1980 budget, therefore we are proposing to arrange a line of credit with a local bank. The total amount drawn down, including interest computed at 7.5% per annum, would be due and payable at the end of construction, probably during the Spring of 1980, but in no event to exceed twelve (12) months. At that time permanent financing would be arranged through the issuance of revenue bonds. We would pledge sales tax revenues against the bonds with the intent of paying all or a portion of the annual payments from the net income of the airport. The attached Ordinance authorizes the first phase of this financing pro- posal, that is, the arranging of a short term line of credit in the amount of One Hundred Seventy -Six Thousand Two Hundred Fifty Dollars ($176,250.) While from a technical point of view the Council is authorizing short term borrowing of the entire amount, it is important to realize that we are actually setting up a line of credit and will be paying interest only upon actual funds drawn down. At the conclusion of the construction of the parallel taxi -way we will be returning to the Council for authorization to convert the short term indebtedness into long term indebtedness with the issuance of revenue bonds. This measure is being submitted to you as an Emergency Ordinance in order to comply with the Federal Aviation Administration requirement that the contracts be issued no later than October 1, 1979. In the event the necessary five (5) votes are not present to pass the measure as an Emer- gency Ordinance, it is recommended that it be passed on first reading. In that event, we would amend the Resolution authorizing the entering into an agreeinent for the construction of the parallel taxi -way to be conditioned upon passage of the Ordinance on second reading.,, 1 - 160 - September 18, 1979 Assistant City Attorney Don Deagle read the Ordinance at length. Councilman Wilkinson made a motion, seconded by Councilman Kross, to adopt Ordinance No. 121 as -an Emergency Ordinance. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. ther Business a. City Manager John Arnold reported on a letter written by the Mayor to be sent to all people in the General Improvement Di;stri,ct relating to the Budget Hearing for the General Improvement District. b. City Manager John Arnold called Council's attention to a letter to be sent to residents on Mulberry Street regarding the delay in the project. c. City Manager John Arnold reported on the Petition received by the City Clerk regarding the protest of Ordinance No. 91, 1979 extending the sales tax going into effect. The petitions will be verified'and Council notified regarding their adequacy on September 25, 1979. d. C.D.B.G. Audit Following are the bids received for the C.D.B.G. Audit and City Audit. C.D.B.G. Audit Kruchten & Co. Clifton, Gunderson & Co. Welsh, Thompson, & Associates, P.C. Armstrong and France Owen and Dunn City Audit Kruchten & Co. Erickson, Hunt & Spillman Clifton, Gunderson & Co. Welsh, Thompson, & Associates, P.C. Armstrong and France Owen and Dunn - 161 - September 18, 1979 Declined: Robert B. Norris, Jr. (insufficient experience) Clarice Cady (insufficient experience) Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to authorize the City Manager to select a firm on the C.D.B.G. audit. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. "Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to authorize the Finance Committee to review proposals and make a recommendation for the city audit. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. e. Participation with County in Cost of Bridge Construction Authorized. Following is the City Manager's memorandum on this item. itTheCounty would like the City to participate in the cost of constructing a bridge between Lee Martinez Park and the County's McMurry Park. The County has budgeted $30,000 for the bridge and the bid came in at $46,500. H.R. Phillips and I and the County representatives toured the area and all conclude that tying the two parks together with the pedestrian bridge across the Poudre makes sense in a lot of ways. The McMurry area is a fishing and "natural" area, while Lee Martinez is more active recreation. Access is much safer and much better to Lee Martinez and the foot bridge will encourage McMurry's use. The County would kind of like the City to take over maintenance of McMurry Park, but that's a side issue and one that we need not deal with now. We have reviewed our situation in parkland.fbnds and feel we could contribute $16,500 to build the bridge and have access thereby to v - 162 - 1 September 18, 1979 the 26.9 acres. As a result, we recommend this to you on Other Business. 11 Council requested that the administration write to the County Commissioners and inquire if they would be willing to reconsider their stand on the Downtown Parking question. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to participate with the County on this bridge. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. Councilman Wilmarth made a motion, seconded by Councilman St. Croix, to request the Councy Commissioners reconsider their action on the downtown parking. YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: Councilman Kross. THE MOTION CARRIED. f. City Manager John Arnold, stated earlier that there was a six to one vote on an item; Payment to Stearns -Roger, which was termed a " whitewash j". He felt he should talk about that since it involves, City Council/Staff "trust". He then addressed the specifics of the Stearns -Roger contract. Councilmembers stated they would prefer to discuss this matter fully at another date. ADJOURNMENT The meeting adjourned at 10:00 p.m. - 163 -