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HomeMy WebLinkAboutMINUTES-01/22/1980-RegularJanuary 22, 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, January 22, 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: Gray, Reeves, St. Croix, Wilkinson and Wilmarth. Absent: Councilmembers Bowling and Kross. Staff Members Present: Arnold, Lanspery, Lewis, Liley, C. Smith, Mabry, Deagle, Ruggiero, McGraw, Taylor, Mills, Bingman, Krajicek, Rupel, M. Smith, and Sanfilippo. Agenda Review: City Manager City Manager, John Arnold, stated the agenda stands, as presented. ' 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: 1) Ordinances on First Reading that are routine; 2) Ordinances on Second Reading that are routine; 3) Those of no controversy; 4) Routine administrative actions. Staff recommends approval of the Consent Calendar. 4. Consider approval of the Minutes of the Regular Meeting of January 22, 1980. 5. Second Reading of Ordinance No. 1, 1980, Amending the Zoning Ordinanc for South College Properties Annexation to Correct the Legal Descript This Ordinance passed unanimously on First Reading on January 8th and makes the needed corrections in the legal descriptions contained in Ordinance 119, 1979, zoning the South College properties. -368- January 22, 1980 6. Second Reading of Ordinance No. 2, 1980, Annexing Property known as the Werner Annexation. Staff recommends this Ordinance be tabled until March 4. 7. Second Reading of Ordinance No. 162, 1979, Zoning the Werner Annexation. Staff recommends denial of this Ordinance on Second Reading. 8. Second Reading of Ordinance No. 3, 1980, Changing the Zoning Classificat for property known as the 1812 North Colleae Re7onina. ion This Ordinance was adopted unanimously on First Reading on January 8th and is a proposal to rezone a 15.3 acre portion of a 18.07 acre site from H-B to I-L, located at 1812 North College Ave. (east of College Ave. and north of West Willox Lane). 9. Second Readina of imit on This Ordinance passed favorably on First Reading on January 8th and would establish a limit of $1,000.00 for campaign expenditures for candidates for City offices. 10. Second Readiny of Ordinance No Reserves for Expenditure durin ds from Accumula This Ordinance was adopted unanimously on First Reading on January 8th and would authorize a supplemental appropriation of $51,000 to the Equipment Fund for 1979. 11. Hea__ring and First R to Enter into an Ag to Purchase Certain izinq the Ci on Staff recommends this Ordinance be tabled on First Reading until March 4th. 12. Hearinq and First Readinq of Ordinance No. 11. 1980. Amendi This Ordinance accomplishes a minor change in the numbering of Articles in Chapter 95 of the Code relating to streets. 13. Hearing and First Readinq of Ordinance No. 12, 1980, Amending Ordinance No. This Ordinance accomplishes a minor reference change in Section 188-83 of I the Code relating to supplementary building height regulations to allow for proper codification. -369- January 22, 1980 -44-. Hearing and First Reading of Ordinance No 13 1980 Increasing the Compensation Paid to Members of the Election Board. This Ordinance increases the hourly compensation for Election Board members from $2.90 to $3.10. 15. Resolution Authorizinq the Catholic rn, lnc., rro ram. This Resolution would permit the Senior Chuckwagon Program to operate at both the Downtown Community Center and the Northside Community Center facilities. 16. Resolution Authorizing the i ement to Provi This Resolution would authorize the City to lease 8 parking spaces to provide adequate parking for the Avery House. 17. Resolution Authorizinq the City to Enter into an A reement with the State Dept. of Highways for Upgrading Highways/Railroad Grade Crossing Protection at East Vine Drive and Ninth St. This Resolution authorizes a contract for work that has been completed to close out this project. 18. Replat of Lots 18 and 19 and a portion of Tract "A" in the Indian Hills This is a proposal for a replat in part of the overall Indian Hills West P.U.D., generally located on the southwest corner of the Intersection of Stuart and Stover Streets. 19. Replat of Victoria Lakes P.U.D. This is a proposal for a replat of Victoria Lakes, P.U.D., located south of Prospect and east of Heatheridge Road to align the west property line along Heatheridge Road, allowing proper access to this public street. 20 Sole Source Approval - Fault Indicator. This request is for approval of 600 Hivoltronics manual fault (short) indicators which are the only fault indicators compatible with our system. -370- 21 22 January 22, 1980 Annual Report for the Liquor Licensing Authority. This report shows all actions taken by the Liquor Licensing Authority during 1979. Routine Deeds and Easements. a. Agreement with Lar_imer Ca_n _ounty_Cal_No. 2 for a power line located along the north side of West Drake Rd. between College and Shields. Consideration: $150.00. b. Deed from the City of Fort Collins to the Fort Collins Housing Authority for two lots located at Buckingham and First Streets to develop a four-plex on the site. The City paid $13,500 for the property and is now donating it to the Housing Authority. c. Agreement with the Colorado and Southern Railway for the Lemay Avenue extension, to include construction and maintenance of crossing signal devices and a grade crossing at Riverside and Lemay. The estimated cost to the City for signal installation ' is 20% of $39,045 or approximately $7,809. The crossing costs to the City are estimated at $35,499. d. Agreement with the New Mercer Ditch Company for a power line crossing on the north side of West Drake Rd. between College and Shields. Consideration: $150.00 E N D C O N S E N T The following items were withdrawn from the Consent Calendar: Item No. 16: Resolution Authorizing the City to Enter into a Lease Item No. 20: Sole Source Approval - Fault Indicator. Item No. 22: Routine Deeds and Easements. a. Agreement with Larimer County Canal No. 2 for a power line crossing located along the north side of West Drake Rd. between College and Shields. Consideration: !$150.00. b. Deed from the City of Fort Collins to the Fort Collins Housing Authority for two lots located at Buckingham and First Streets to develop a four-plex on the site. The City paid $13,500 for the property and is now donating it to the Housing Authority. -371- January 22, 1980 c. Agreement with the Colorado and Southern Railway for the Lemay Avenue extension, to include con- struction and maintenance of crossing signal devices and a grade crossing at Riverside and Lemay. The estimated cost to the City for signal installation is 20% of $39,045 or approximately $7,809. The crossing costs to the City are estimated at $35,499. d. Agreement with the New Mercer Ditch Company for a power line crossing on the north side of West Drake Rd. between College and Shields. Consideration: $150.00. Ordinances on Second Reading were read by Title by City Clerk, Verna Lewis: Second Readin of Ordinance No. 1, 1980, Amendingthe ZoningOrdinance Tor South Co eae Properties Annexation to Correct the Leaal DescriD- on. Second Reading of Ordinance No. 162, 1979, Zoning the Werner Annexa- tion. Second Reading of Ordinance No.-3, 1980, Changing the Zoning Classifica for property known as the 1812 North College Rezoning. Second Reading of Ordinance No. 7, 1980, Establishing a Limit on Cam- paignnn Expenditures for Candidates for City offices. Second Reading of Ordinance No. 9, 1980, Appropriating Funds from Accumulated Reserves for Expenditure during 1979. Ordinances on First Reading were read by Title by City Clerk, Verna Lewis. Hearing and First Reading of Ordinance No. 11, 1980, Amending Ordinance 112, 1979, by Renumbering an Article in the Code. Hearina and First Readina of Ordinance No. 12. 1980. Amendina OrdinanrP Hearing and First Rea_dinq of Ordinance No. 13, 1980, Increasing the Compensation Paid to Members of the. Election Board. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to adopt and approve all items not removed from the Consent Calendar. !1 -372- January 22, 1980 YEAS: Councilmembers Gray, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. Resolution Adopted Authorizing the City to Enter into a Lease Agreement to Provide Parking Spaces for the Avery House Following is the City Manager's memorandum on this item. "This Resolution would authorize the City to lease eight parking spaces from Rhoades Automotive Service, 401 West Mountain Ave., to provide adequate parking for the Avery House. The rental cost of these spaces would be $15.00 per space per month or $1,440 annually. According to the lease, Rhoades Automotive will be responsible for the maintenance of the spaces, including snow removal. The ' City will provide identification signs indicating the spaces are reserved for City use and Rhoades will provide the necessary posts for mounting the signs." Councilmembers inquired into the length of the lease and the variances granted to the City by the Zoning Board of Appeals in order to provide adequate parking for tenants. Assistant City Attorney Ruggiero stated that since the Avery House is a historic building, a parking lot at the rear would not be compatible. Councilwoman Reeves made a motion, seconded by Councilman Wilkinson to adopt the Resolution. YEAS: Councilmembers Reeves, Wilkinson and Gray. NAYS: Councilmembers St. Croix and Wilmarth. THE MOTION CARRIED. Sole Source Purchase of Fault Indicator Approved Following is the City Manager's memorandum on this item. "The only manual fault (short) indicator compatible with our system is produced by Hivoltronics. Last year 450 each were purchased. Our estimated annual usage is -373- January 22, 1980 730 each. Currently pending is a requisition for 600 at $20.50 each, for a total cost of $12,304.80. This purchase would complete our 1980 requirements." Councilman St. Croix inquired into having one supplier for items such as this. City Manager Arnold will investigate, and come back to answer Councils concerns. Councilman St. Croix made a motion, seconded by Councilman Wilkinson to approve the Sole Source Purchase of Hivoltronics Fault Indicators. YEAS: Councilmembers Gray, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. Routine Deeds and Fasements Accented. Following is the City Manager's memorandum on this item. ' "The following deeds and easements are routine and have been reviewed and approved by staff and the legal office. a. Agreement with Larimer County Canal No. 2 for a power line crossing needed to reinforce an existing electrical duct bank located along the north side of West Drake Road between College and Shields. Consideration: $150.00 b. Deed from the City of Fort Collins to the Fort Collins Housing Authority for two lots located at Buckingham and First Streets, acquired by the City in 1979 under the CDBG program. The Housing Authority needs title to the property in order to apply for a Colorado Division of Housing grant and a loan from Home Federal Savings and Loan to develop a four-plex on the site. The City paid $13,000 when it acquired the property and is now donating it to the Housing Authority. The Housing Authority estimates that the project costs will total $112,471. c. Agreement with the Colorado & Southern Railway for the Lemay Avenue Extension, to include construction and maintenance of crossing signal devices and a grade crossing at Riverside and Lemay. The estimated cost to the City for signal installation is 20% of $39,045 or approximately $7,809. The crossing costs to the City are estimated at $35,499. ' d. Agreement with the New Mercer Ditch Company for a power line crossing on the north side of West Drake Road between College and Shields, to reinforce an existing electrical duct bank. Consideration: $150.00." -374- January 22, 1980 Councilman Wilmarth inquired into item "b", where the City is giving the property to the Housing Authority. Planning and Development Director Mabry reported the City had used Community Development Block Grant money to purchase the property, used other federal funds to clear the land and a combination of private/public funds will be used to develop the two lots for low income housing by the Housing Authority. This is the first time this approach has been taken, and might be used again if it is found to be feasible. Councilman Wilmarth made a motion, seconded by Councilman St. Croix to accept the Deeds and Easements. YEAS: Councilmembers Gray, Reeves, St. Crois and Wilkinson. NAYS: None (Councilman Wilmarth abstained.) THE MOTION CARRIED. _Resolution Adopted Awarding a Contract for Appraisals Street Improvement Distri_ct #74. Following is the City Manager's memorandum on this item. "Staff recommends a contract be awarded to William Woolford and Associates for the second phase of right of way acquisition on the West Mulberry project. The contract is for appraisals and negotia- tions for acquiring 47 parcels of property needed for sidewalk and utilities. Payments will be made for the work at specified hourly rates up to an estimated maximum of $27,000. The cost of this work was not included in the original budget for the project. It is proposed that the $27,000 be transferred from contingency in the 1980 Street Improvement Program to the Consolidated Street Improvement District #74 account in order to pay for these services. The work is being contracted out due to the fact that our right of way agent does not have the time to spend on this project. His time is presently devoted to other high priority projects, particularly the Recreational Trails System, Shields Street Bikepath, Downtown Parking, Rossborough Park, etc. 1 -375- January 22, 1980 Proposals for this work were received on December 10, 1979. The following is a list of the firms submitting proposals and the areas of expertise covered in their proposals. William Woolford & Associates Appraisal services - Real Estate Inc Michael J. Keefe Mountain Plains Contractors, Inc Jerry S. Moore *Outside area of specialization Appraisals & Negotiations Appraisals & Negotiations Appraisals & Negotiations Negotiations only Declined* The selection of William Woolford and Associates was made based on Section C, Contract Formulation of the Capital Project Management/ Control System manual. The firm has had extensive experience in condemnation type appraisals and negotiations and has done an excel- lent job on the first phase of right of way acquisition on this project. Their staff is available to begin work immediately upon signing of the contract. Appraisals will be complete by March 21st. Negotiations will follow, but speed of complete settlement depends upon those negotiations. We would aim for successful completion by May 1 or a return to Council for further action." Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to adopt the Resolution. YEAS: Councilmembers Gray, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. Ordinance adopted on First Reading, changing the Zoning Classification for property known as the West Mountain Second Rezonino Following the the City Manager's memorandum on this item. "At the January 8, 1980 Council Meeting, the Council held a full hearing on this rezoning and made certain informal findings relating to this rezoning. At that meeting the Council closed the hearing and asked the City Attorney to prepare an Ordinance zoning the property into the R-L zone and containing findings suppporting such rezoning. The attached Ordinance makes the findings and accomplishes the rezoning." -376- 11 January 22, 1980 Councilwoman Reeves made a motion, seconded by Councilman St. Croix to adopt Ordinance No. 5, 1980 on First Reading. YEAS: Councilmembers Gray, Reeves, St.Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Ordinance adopted on First Reading, Relating to permitted uses in the "T" - Transition Zone. Following is the City Manager's memorandum on this item. "The purpose of this Ordinance is to provide to Council the ability to commit to appropriate expansion plans of building and uses of property upon annexation and zoning when the existing uses are tran- sitional in nature and generally not compatible or appropriate for any of the other zones in the City. This problem will arise pri- marily at the time of annexation and will be more prevalent as the City pursues its annexation policies for the Urban Growth Area as agreed to with the County Commissioners. This Ordinance will enable the City to address the property owners' concerns over annexation and zoning in the Werner Annexation area." Councilman Wilmarth inquired if this Ordinance had gone to the Planning and Zoning Board. It was determined it had not. City Attorney Liley stated this Ordinance had been, in part, to deal with the Werner Annexation zoning. Further, this Ordinance would address annexations with rural type uses. Councilman St. Croix inquired if there were a conflict between this Ordinance and the proposed V' Development zone. Chief Planner Curt Smith stated they would not conflict but would, in fact, be compatible. Councilwoman Reeves made a motion, seconded by Councilman St. Croix to adopt Ordinance No. 14, 1980 on First Reading. YEAS: Councilmembers Gray, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. -377- January 22, 1980 Ordinance adopted on First Reading, Relating to the Firemen's Pension Fund. Following is the City Manager's memorandum on this item. "A memorandum from City Attorney, Lucia Liley, is included along with a summary of Senate Bill 79. This will provide background information on the two Ordinances relating to Police and Firemen's Pension Funds." City Attorney Liley stated there was a simple amendment to this Ordinance on the last line of § 2-33 which reads "hired on or before April 8, 1980" to "hired on or after April 8, 1980." Councilmembers also inquired into the 40-year limit on making funds actuarially sound. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 15, 1980 with the above Amendment on First Reading. YEAS: Councilmembers Gray, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. Ordinance Adopted on First Reading, Relating to the Policemen's Pension Fund. * (Secretary's note: For background information please refer to the pre- vious item relating to the Policemen's Pension Fund.) Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 16, 1980 on First Reading. YEAS: Councilmembers Gray, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. 1 -378- January 22, 1980 Ordinance Tabled on First Reading, Amending Chapter 113 of the Code as it Relates to Property Tax Rebate for the Elderly and Handicapped. Following is the City Managers' memorandum on this item. "This memo deals with agenda items 28 and 29. The purpose of the proposed Ordinance changes is to amend the income and eligibility criteria for participation in the City's Property Tax/ Utility Refund Program. Adjustments to the present program were dis- cussed with the Council during budget work sessions but no definite guideline changes were approved. The existing City program is structured upon the follow eligibi- lity criteria and rebate levels: Eligibility Requirements Age 65 and older Resident of the City during preceding year Paid property taxes or rent Maximum taxable income - $4,000 single, $4,500 married Rebate Levels Property owner - full reimbursement of City property taxes paid Renter - 1.44% of total rental payments Utility rebate $30.00 (equivalent to one month's average utility bills - $15.00, Light and Power, $10.00 Water and $5.00 Sewer). For 1979, the City will refund $61,659 in property tax and utility rebates. The 1979 refunds were calculated on an individual's 1978 property taxes paid and one month's cost for utilities in 1978. Similarly, 1980 rebates would be calculated upon 1979 property taxes paid and 1979 utility rate schedules. A more detailed analysis of the 1979 program is found below: Participants Property Owners 519 Renters 302 Mobile Homes 130 TOTAL 951 0 r� L January 22, 1980 Pa men-ts - -- Property Tax Refunds $33,602 Utility Refunds $28,057 TOTAL $61,659 . Average Payment $64.83 The City Council has received four Board and Commission recomAnda- tions on proposed changes to the present program. These recommen- dations are attached. In general, all the recommendations deal with expanding the program to include the handicapped, broaden the income eligibility requirements or increase the rebate levels. It is our recommendation that Council approve the recommendation of the Citizen Tax Committee. This would: 1. Amend the income criteria of the program to coincide with the State's eligibility levels for gross income- $7,300 single, $10,800 married. ' 2. Allow handicapped individuals who meet the income and residency criteria to participate in the program. There are two specific recommendations that are not recommended; they are: To utilize the Colorado State adjusted gross income criteria for determining eligibility as recommended by the Senior Citizen's Commission. This would exclude social security and pension payments from consideration as an income. We are opposed to this change because individuals with incomes well above $10,800 would qualify for the rebate program. Further, the City's pilot "Property tax/work off" project will offer an avenue for higher incomed individuals to obtain property tax relief (if they so desire). The Electrical Rate Form Committee recommended that the electric utility rebate be doubled from $15.00 to $30.00. We would recommend that Council continue the concept of reimbursing the equivalent of one month's average utility charge (adjusted annually for rate increases). Since there were no rate increases in 1979, the $30.00 rebate would remain in effect. �1 January 22, 1980 The 1980 budget contains $108,520 for the property tax and utility rebate program. The recommended eligibility amendments can be well accomodated within this budget allotment." Councilmembers raised questions regarding the definition of "handicapped", and the financial requirements for the handicapped. City Attorney Liley stated Council would probably like to have the utility and tax rebate provisions as well as the Human Rights Ordinance before them to review. The consensus of the Council was to remove the "has had" provision of the handicapped provision. Councilman Wilkinson made a motion, seconded by Councilman St. Croix to table Ordinance No. 17, 1980 and Ordinance No. 18, 1980 to February 5, 1980. YEAS: Councilmembers Gray, Reeves, St. Croix, Wilkinson and Wilmarth NAYS: None THE MOTION CARRIED. ' Citizen Participation (a) Mr. Dolph Simons of Columbine Cablevision reported on the progress of the installation of cable in the City of Fort Collins. (b) Proclamation: Showing support for President Carter during Iranian crisis. Received. City Manager's Report (a) City Manager John Arnold called Councils' attention to a meeting to be held on Wednesday, January 23, 1980 on the Trails system. This is a problem solving session. (b) City Manager John Arnold reported on the Lemay Avenue Extension budget. (c) City Manager John Arnold reported that the City and County are working on an agreement to allow the County to use the building behind the Power Plant. (d) The City Manager then called Councils' attention to a monthly report from the City Information Clerk. -381- January 22, 1980 (e) City Manager John Arnold then reported on the status of updating the Snow Removal Policy and what the City is attempting to do to alleviate the situation within the existing policy. (f)- The City Manager then inquired if Council wanted to have a Work Session on February 26, 1980; Election Day. Council decided to go ahead with the Work Session. (g) The City Manager then reported that the Council retreat will be held at the Stanley Hotel on February 12, 1980. (h) Councilman Wilmarth inquired what the immediate cost will be for street repairs in the Spring. City Manager Arnold stated reports will be made to Council as soon as possible. Ordinance Tabled on First Reading, Creating a Storm Sewer Improvement District #17. Following is the City Managers memorandum on this item. "This Ordinance appeared on the January 8th agenda and was tabled to this date to encourage the property owners to work out a satis- factory formula for a district among themselves. The property owners' representative contacted the City Attorney's office on Wednesday concerning possible resolution of the problems. If a suitable solution is reached, the Ordinance will be sent under separate cover." Attorney Arthur March Jr. had requested this item be tabled for one week in order to allow signatures on agreements. Councilman Wilkinson made a motion, seconded by Councilman St. Croix to table Ordinance No. 166, 1980 to 4:30 p.m. on January 29, 1980. YEAS: Councilmembers Gray, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED Adjournment The meeting was adjourned at 7:30 p.m. ATTEST: Mayor city Ulerk-- -382-