Loading...
HomeMy WebLinkAboutMINUTES-05/03/1983-Regularu May 3, 1983 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, April 19, 1983, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Council members: Elliott, Horak, Knezovich, Ohlson, and Rutstein. Councilmembers Absent: Staff Members Present: Cassell and Clarke Arnold, Meitl, Krajicek, Huisjen, Lewis Agenda Review: City Manager City Manager Arnold pointed out the recommended name change for the North - side Community Center should read Northside Aztlan Community Center in the staff memo. Councilmember Rutstein asked that Item 17, Hearing and First Reading of Ordinance No. ,57, 1983, Authorizing the City Manager to Enter into a Contract Over Two Years in Length for a Batting Cage Concession at City Park; Item 18, Items Relating to Snow and Ice Control; and Item 19, Hearing and First Reading of Ordinance No. 60, 1983, Revising Chapter 79, Para- graphs 79-6 and 79-7 of the Code for Weeds, Brush, and Rubbish Abatement, be withdrawn from the Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #31, Pulled Consent Items, except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled by staff or Council. These items will be dis- cussed immediately following the Consent Calendar. 4. Consider Approving the Minutes of the regular meetinq of April 19. -190- May 3, 1983 5. Second Reading of Ordinance No. 43, 1983, Rezoning Property Known As Cunningham Corners. This ordinance was unanimously adopted on First Reading on April 19 and is a request to rezone the property from the existing conditional HB Zoning District to the R-P District. The R-P, Planned Residential Zoning District presently surrounds the subject property on three sides and is, therefore, a logical zoning request. The R-P zone allows only single-family subdivisions as uses by right. All other uses proposed in the R-P District must be done as a planned unit development and processed under the Land Development Guidance System. 6. Second Reading of Ordinance No. 44, 1983, Authorizing the Transfer of $8,500 from Rolland Moore Park to Fund the Design of Shields Street_ Adjacent to Rolland Moore Park. This Ordinance was unanimously adopted on First Reading on April 19 and authorizes the transfer of $8,500 from the Rolland Moore Park Project to the Shields Street Adjacent to Rolland Moore Park Project , for design costs. City policy provides that street improvements adjacent to a City park will be paid for by park project funds. Rolland Moore Park has 1201 feet of frontage on Shields Street which is to be improved to arterial standards. A left turn lane will be provided for north bound traffic turning left into the Park. This will relieve a potential for increased traffic congestion on an already congested two-lane arterial. The funding for this project will be provided from Rolland Moore Park project funds. 7. Second Reading of Ordinance No. 45, 1983, Vacating Streets and Ease- ments in Lots 45 through 64 of Cedar Vi lage FTi th F—Ting. The applicant is requesting the vacation of streets and easements pre- viously dedicated in Cedar Village Fifth Filing in and abutting Lots 45 through 64 inclusive. This site was originally approved as Cedar Village Fifth Filing by City Council on August 21, 1979. The vacation is requested by the owners of the replatted area, Dan Jensen and COLRAD Development. This area has subsequently been incorporated into The Gables at Silverplume PUD, which was approved by the Planning and Zoning Board on March 28, 1983. This vacation would solve the problem of duplicate or conflicting easements and streets. The staff has reviewed the request and is recommending approval of the Ordinance which was unanimously adopted on First Reading on April 19. ' -191- May 3, 1983 Second Reading of Ordinance No. 46, 1983, Vacating Easements in Hill Pond P.U.D. Master Plan. Staff recommends tabling this Ordinance to June 21� This ordinance was unanimously adopted on First Reading on April 19. The vacation of two existing bike, pedestrian and bridle path ease- ments was requested as a condition for the granting of the replacement easement which conforms to the Spring Creek Drainage Study and was accepted by Council on April 19. In order to close on the replacement easement, a partial release by the Public Trustee releasing the property from the lien of the Deed of Trust to Penn Square Bank is required. This partial release is taking 1 of quidation of Penn Square Bank by requesting that the Second Reading the requested partial release is The Grantors have been informed and of action. iger than expected due to the li- the FDIC. As a result, staff is of this Ordinance be tabled until received (approximately June 15). concur with this requested course Adoption of the Consent Agenda will accomplish the requested tabling to June 21 without further action. Second Reading of Ordinance No. 47, 1983, Vacating Portions of an Easement in Indian Hills West PUD. The applicant is requesting the vacation of portions of an access and utility easement previously dedicated in Indian Hills West PUD. Portions of this PUD were recently re -platted, enlarging some of the lots causing them to encroach on this easement. The vacation of the portions of this easement will allow the owner to construct a new building design within the newly re -platted lots. Staff has reviewed the request and is recommending approval of the ordinance which was unanimously adopted on First Reading on April 19. 10. Second Reading of Ordinances Vacating Easements in Les Chatelets and King PUD. A. Second Reading of Ordinance No. 48, 1983, Vacating a Blanket Access, Utility and Storm Drainage Easement Located in King P.U.D. B. Second Reading of Ordinance No. 49, 1983, Vacating a Blanket Access, Utility and Storm Drainage Easement Located in Les Chate- lets P.U.D. These two ordinances were unanimously adopted on First Reading on April 19. The applicant is requesting the vacation of a blanket -192- May 3, 1983 access, utility and storm drainage easement within the boundaries of the plats of Les Chatelets and King PUD's. These properties were recently replatted as Sunray Place PUD. This resulted in the repositioning of some building envelopes so that they encroached upon the previously platted easements. This vacation would allow buildings to be built within the newly platted building enve- lopes. 11. Second Reading of Ordinance No. 50, 1983, Vacating a Utility Easement_ on Lots 2 and 3, Manning 1st Subdivision. This ordinance was unanimously adopted on First Reading on April 19 and is a request to vacate an existing utility easement on Lots 2 and 3, Manning 1st Subdivision (City Park and University Avenue). This easement is no longer required due to redesign of the property as a PUD. 12. Second Reading of Ordinance No. 51, 1983, Vacating Streets and Ease- ments Located South of Swallow Road in Silverplume PUD. The applicant is requesting the vacation of streets and easements pre- viously dedicated in Silverplume PUD, south of Swallow Road. This site was originally approved as a portion of Silverplume PUD by City Council on August 21, 1979. The vacation is requested by the owners of the replatted area, Dan Jensen and COLRAD Development. This area has subsequently been incorporated into The Gables at Silverplume PUD, which was approved by the Planning and Zoning Board on March 28, 1983. This vacation would solve the problem of duplicate or conflicting easements and streets. The staff has reviewed the request and is recommending approval of the ordinance which was unanimously adopted on First Reading on April 19. 13. Second Reading of Ordinance No. 52, 1983, Assessing the Cost of Improvements in Street Improvement District No. 75 and Providing for The South Mason Street and Utility Improvement District No. 75 was created in 1981 at the request of the four property owners whose properties extend from Creger Drive on the north to the planned Boardwalk Drive on the south. The project consisted of the construc- tion of water, sanitary sewer, and storm sewer lines and the curb, gutter, sidewalk, and street paving. This ordinance was unanimously adopted on First Reading on April 19. -193- L C� May 3, 1983 14. Second Reading of Ordinance No. 53, 1983, Authorizing the Issuance of Bond Anticipation Notes of 100 000, Dated Apri , 1983. The Bond Anticipation Notes are being issued to provide seed money for the Downtown Development Authority (DDA) until the DDA can issue tax increment bonds. On March 15, 1983, City Council approved Resolution 83-50 authorizing Staff to prepare a Bond Anticipation Note (BAN) Ordinance based upon a proposal to purchase the BANS submitted by Boettcher & Company. The BAN ordinance was unanimously adopted on First Reading on April 19. The BANs will bear 6.50% coupons and sell at a 1.1% discount resulting in a net effective interest rate of 6.86%. The term of the BANS is three years. 15. Hearing and First Reading of Ordinance No. 55, 1983, Appropriating Unanticipated Revenue in the General Fund. Ordinance No, 55, 1983 appropriates the following in the General Fund: City of Loveland's share of hardware, software, and maintenance for the POSSE System $17,724 Colorado State University's buy in and user group fee for the POSSE System 2,662 City of Loveland's use of Office Automation Software installed by the City of Fort Collins as part of the POSSE System. 3,173 TOTAL $23,559 16. Hearing and First Reading of Ordinance No. 56, 1983, Authorizing the Transfer of Appropriated Funds from Parkland Administration to Park- land Park Equipment and to the Landings Par Project. This ordinance authorizes the following transfers from Parkland Administration: (a) Park Equipment Replacement $ 40,000 (b) Final design for Landings Park $ 2,000 -194- May 3, 1983 ' 17. Hearing and First Reading of Ordinance No. 57, 1983, Authorizing the City Manager to enter into a contract over two years in length for a Batting Cage Concession at City Park. The City has had requests to provide practice batting cages with automatic pitching machines at the City Park Ballfield complex. Such cages would be a good addition to this area for softball players to sharpen their skills. Requests for proposals were solicited for such a concession. 18. Items Relating to Snow and Ice Control. A. Resolution Approving and Adopting the Snow Removal Handbook as the City's Administrative Policy for Snow and Ice Control. B. Hearing and First Reading of Ordinance No. 58, 1983, Creating a Plan of Action for Snow Emergencies. C. Hearing and First Reading of Ordinance No. 59, 1983, Regarding the Procedures for Snow and Ice Removal by Property Owners. 19. Hearing and First Reading of Ordinance No. 60, 1983, revising Chapter ' 79, Paragraphs 79-6 and 79-7 of the Code for Weeds, Brush, and Rubbish all There are several changes which need to be made to the current weed, brush and rubbish abatement ordinance in order to make it more effec- tive: a. more definitions need to be included. b. allowable weed heights need to be established. c. the addition of a published cutting and removal notice. d. the responsibilities of owners of ditches have been added. Resolution Authorizing the Extension of an Agreement Between the City and the East Larimer County Water District and the Boxelder Sanitation District. On March 30, 1981, the City, East Larimer County Water District (ELCO), and Boxelder Sanitation District entered into an intergovern- mental agreement, for a period of two years, for the purpose of providing water and sewer utility service in the best possible manner and at the lowest cost to customers within the northern portion of the Fort Collins Urban Growth Area. The terms of the agreement included the establishment of an advisory board and various goals regarding continued cooperation, development of standard construction and -195- 11 May 3, 1983 engineering specifications, master planning, possible merger of the systems, and other policies regarding the provision of water and sewer service to the subject area. During the past two years, considerable progress was made in estab- lishing a good working relationship between the City and the Dis- tricts. Numerous issues were discussed and resolved, however, not all of the goals outlined in the agreement were accomplished. On March 30, 1983, the agreement expired. Considering the success of the previous agreement, the Advisory Board met on April 27, 1983, and unanimously agreed to recommend to their respective Boards and City Council that the agreement between the City and Districts be extended for another two year period. 21. Resolutions Relating to The Purchase of 6.18 Miles of Powerline from Public Service Company. A. Resolution Authorizing the City Manager to Enter into an Agreement with the Public Service Company for the Purchase of 6.18 miles of ' Powerline. B. Resolution Approving a Burlington Northern Wire Line Permit for 6.18 Miles of Powerline. The first Resolution refers to an agreement with Public Service Company of Colorado for the purchase of 6.18 miles of an existing 44 KV electric transmission line. The proposed purchase price is $69,108.84. The powerline is located on the east side of the Bur- lington Northern Railroad right-of-way and extends from just north of Prospect Street to one mile south of Trilby Road. Since the line is located on railroad right-of-way, a Wire Line Permit from Burlington Northern must be executed in conjunction with the Public Service Purchase Agreement. 22. Routine Easement. The following is a routine easement which has been reviewed and approved by the affected departments and legal staff: Utility Easement from Everitt Enterprises, Inc. located between Lots 56 and 57 in Meadows East Subdivision See Maps 1 and 2). A sewer line was designed and constructed to service these lots and the property to the south. This 15 foot easement allows the City to operate and maintain the line. Consideration: $1. -196- May 3, 1983 Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Second Reading of Ordinance No. 43, 1983, Rezoning Property Known As Cunningham Corners. Item #6. Second Reading of Ordinance No. 44, 1983, Authorizing the Trans- fer of $8, 00 from Rolland Moore Park to Fund the Design of Shields Street Adjacent to Rolland Moore Park. Item #7. Second Reading of Ordinance No. 45, 1983, Vacating Streets and Easements in Lots throughof Cedar Vi age Fi th FiTing. Item #8. Second Reading of Ordinance No. 46, 1983, Vacating Easements in Hill Pond P.U.D. Master Plan. Staff recommends tabling this Ordinance to June 21. Item #9. Second Reading of Ordinance No. 47, 1983, Vacating Portions of an Easement in Indian Hills West PUD. Item #10. A 1.1 Second Reading of Ordinance No. 48, 1983, Vacating a Blanket Access, Utility and Storm Drainage Easement Located in King P.U.D. Second Reading of Ordinance No. 49, 1983, Vacating a Blanket Access, Utility and Storm Drainage Easement Located in Les Chate ets P.U.D. Item #11. Second Reading of Ordinance No. 50, 1983, Vacating a Utility Easement on Lots and 3, Manning 1st Su division. Item #12. Second Reading of Ordinance No. 51, 1983, Vacating Streets and Easements Located South of Swallow Road in Si very ume PUD. Item #13. Second Reading of Ordinance No. 52, 1983, Assessing the Cost of Improvements in Street Improvement District No. 75 and Providing for the Payment andCollectionThereof. Item #14. Second Reading of Ordinance No. 53, 1983, Authorizing the Issu- ance of Bond Anticipation Notes of $3,100,000, Dated April 1, Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #15. Hearing and First Reading of Ordinance No. 55, 1983, Appropri- ating Unanticipated Revenue in the General Fund. -197- IF_ I L� I May 3, 1983 Item #16. Hearing and First Reading of Ordinance No. 56, 1983, Authorizing the Transfer o Appropriated Funds from Parklan Administration to Parkland Park Equipment and to the Landings Park Project. Item #17. Hearing and First Reading of Ordinance No. 57, 1983, Authorizing the City Manager to enter into a contract over two years in length for a Batting Cage Concession at Citv Park. Item #18. B. Hearing and First Reading of Ordinance No. 58, 1983, Creatin a Plan of Action for Snow Emergencies. C. Hearing and First Reading of Ordinance No. 59, 1983, Regard- ing the Procedures for Snow and Ice Remova by Property Item #19. Hearing and First Readin Chapter 79, Paragraphs 7 Brush, and Rubbish A atemei Councilmember Elliott to adopt and approve Yeas: Councilmembers Nays: None. THE MOTION CARRIED. of Ordinance No. 60, 1983, revisini -6 and 79-7 of the Code for Weeds made a motion, seconded by Councilmember Rutstein, all items not removed from the Consent Calendar. Elliott, Horak, Knezovich, Ohlson, and Rutstein. Resolution Approving the Change of Name of the Northside Community Center to the Northside Aztlan Community Center, Adopted Following is the staff's memorandum on this item: "Attached is a copy of the recommendation from the Parks and Recreation Board regarding the name change request for the Northside Community Center. Council, at the April 5, 1983 meeting, referred this item to the Parks and Recreation Board for recommendation. On March 22, 1983, Parks and Recreation staff met with Mr. Ausencio Perez, representing a group of Northside area citizens, wanting to change the name of Northside Community Center to the "Fort Collins Aztlan Center". Aztlan is an Aztec word generally meaning "Northern Area", and is historically significant to many local Hispanic residents. At their regular monthly meeting of March 22, 1983, the Parks and Recreation Board met and discussed the issue. Several Board members didn't feel a name change to Aztlan would be in the best interests of the whole city, and that any ethnic name could ' imply a 'territorial' and 'ownership' value. �?D May 3, 1983 ' As a point of information, this same request for a name change to Aztlan was made to the City Council in September, 1978, by a group of area resi- dents calling themselves the Northeast Parks and Recreation Advisory Board. At that time, staff prepared a report to the City Manager that outlined both pros and cons of a name change, and he sent a memorandum to Council (dated September 8, 1978) recommending keeping the name Northside Community Center, but possibly designating the surrounding neighborhood park (Riverside Park) as Aztlan Park. This recommendation, however, was never acted on by Council. Earlier this year, these Northside area residents again decided that the time was right to pursue the renaming issue. Mr. Ernie Miranda attended the Council meeting of April 5th, making the request for the name change, and presented petitions with over 200 signatures. Council referred the matter to the Parks and Recreation Board for recommendation. The Board thoroughly discussed this issue, speaking openly about all the potential concerns with the citizen representatives. After many questions and answers, Board members felt much more comfortable with the name change proposal, but agreed that retaining the name "Northside" was important for location and identification purposes. A compromised solution was arrived at, and all present at the meeting agreed that the new name "Northside Aztlan Community Center" was the best possible solution. The renaming of the Northside Center to include the word "Aztlan" demon- , strates that the City of Fort Collins recognizes and honors the contribu- tions of the Hispanic citizens of our community, and at the same time, retains the identity of the Recreation Center to its geographic location, as per City policy regarding the criteria for naming of City facilities." Councilmember Elliott made a motion, seconded by Councilmember Ohlson, to adopt the Resolution. Carol Salas, 3699 Arapahoe, showed small signs depicting the various names proposed for renaming the Northside Community Center. She stated their preference was still for Fort Collins Aztlan Center or Aztlan Community Center. She detailed the background for the name change request. Councilmember Ohlson noted he preferred the name Aztlan Community Center as that name would recognize the cultural diversity and heritage within Fort Collins and foster a sense of community. Mayor Knezovich noted the minutes of the Parks and Recreation Advisory Board stated the name Northside Aztlan Community Center was a compromise solution and was acceptable to all parties present. Councilmember Horak noted he had attended the meeting and agreed the name was a negotiated compromise. He added he supported the change since the Parks and Recreation Board had approved it and those others attending had I agreed to the compromise. -199- May 3, 1983 Councilmember Rutstein asked why buildings carried geographic designations in their names. Assistant to the Parks and Recreation Director Jerry Brown stated that the 1978 records indicate the policy at that time was to name all City facili- ties by a location. The naming policy for buildings and facilities also mentions location as a prime reason for choosing a name along with histori- cal reference to a site and occasionally the name of a person. Councilmember Ohlson asked why the Parks and Recreation Board felt so strongly about the inclusion of the word "Northside" in the name. Jerry Brown replied that the building had been known as the Northside Community Center for the past five years and it was felt a lot of people identify with that name at this time. The vote on Councilmember Elliott's motion to adopt the Resolution was as follows: Yeas: Councilmembers Elliott, Horak, Knezovich, and Rutstein. Nays: Councilmember Ohlson. THE MOTION CARRIED. Ordinances Regarding the Adoption of the Upper Third 1983 Pay Plan Following is the staff's memorandum on this item: "A. Hearing and First Reading of Ordinance No. 61, 1983, Adopting the 1983 Pay Plan for City Employees and Authorizing` the Payment of an Additional Sum Calculated from Base Pay Retroactive to January 3, 1983 B. Hearing and First Reading of Ordinance No. 62, 1983, Appropriating Prior Year Reserves in Various Funds for Implementation of the 1983 Employees Pay Plan Ordinance No. 61, 1983, enacts the 1983 Pay Plan. The Plan represents an additional 6% increase in personnel costs for 1983. This increase is a cost of $1,236,022 to all funds for all positions in the City. These costs include both salary and fringe benefits. Prior year reserves and sales tax revenues are available for 1983 salary improvements. The attached compensation package is representative of the City commitment ' to delivering quality service. It is designed to enable the City to -200- May 3, 1983 continue to attract and retain quality employees, to continue to emphasize the concept of employee productivity and to recognize the good job by our employees. It is based on a complex, in-depth analysis of wages paid by competing employers (both public and private industry), our classification system and the supply and demand on skills within the relevant labor market. By remaining competitive, the City can demand of its employees a high level of achievement and productivity and we can help ensure that the City can attract and keep quality people. On the 19th day of April, 1983, City Council adopted a Resolution directing staff to prepare and present an upper -third pay plan retroactive to the first payperiod in January, 1983. The attached represents those efforts. The funding comes from departments' ability to economize in 1982 making available a carry-over fund balance, the efforts and success in doing more with less, and the increase in sales tax revenues. Ordinance No. 62, 1983, appropriates prior year reserves in those funds requiring additional appropriations to cover the costs of the 1983 pay plan. Some funds have sufficient existing appropriations to cover the costs and do not require additional appropriations. The General Fund amount is greater than originally projected in order to cover the cost of the pay plan for Streets and Traffic personnel in the Transportation Services Fund. Because the Streets and Traffic Division was part of the General Fund in 1982, there are no prior year reserves available in the Transportation Services Fund for these pay plan expenses. Prior year reserves are available in the General Fund for appropriation. These funds will be appropriated in the General Fund and transferred to the Trans- portation Services Fund for expenditure." Councilmember Horak made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 61, 1983 on First Reading. Employee Development Director Mike Powers gave a slide presentation on the City's salary philosophy, the building of the Pay Plan, and the productiv- ity resulting from the upper -third philosophy. Councilmember Horak noted Council was interested in the quality of life in Fort Collins and to get that quality of life, the City needs employees who are productive. He noted that over the past two years he had become more convinced the upper third philosophy was working although several changes could still be made. -201- 1 May 3, 1983 The vote on Councilmember Horak's motion to adopt Ordinance No. 61, 1983 on First Reading was as follows: Yeas: Councilmembers Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 62, 1983 on First Reading. Yeas: Councilmembers Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. City Attorney's Report City Attorney Huisjen introduced new Assistant City Attorney Ken Frazier who had just begun work -on May 2 and noted he had one item of other busi- ness to discuss. City Manager's Report City Manager Arnold spoke of the Poudre River hazard sign problem and noted Deputy City Manager Meitl had assembled a group of people to draft a program or plan to respond to the problem. Temporary signs will be in place in a week to ten days, but a permanent solution will take a little longer because of easements, etc. Councilmembers' Reports Councilmember Horak suggested the additional money received from the severance tax might be used for the signs. He reported on the northern districts meeting attended by him and Councilmember Elliott. He noted the Resolution authorizing an agreement with the northern districts had passed earlier on the Consent Agenda. He also reported on the Council of Governments meeting, noting Dick Al- brecht had been appointed to the Urban Area Policy Committee which deals with area transportation planning. He noted the COG was organizing a committee of the communities along the Poudre River to look at planning along the River from Greeley to the Poudre Canyon. Councilmember Elliott noted the Southside District Advisory Committee would be meeting on May 4. -202- May 3, 1983 Councilmember Rutstein reported on the Airport Ad -Hoc Committee meeting. Mayor Knezovich pointed out interviews for Boards and Commissions vacancies need to be scheduled. He asked Councilmembers to contact him to indicate their preferences on which Board or Commission interview teams they would like to serve. Councilmember Horak suggested the Council liaison person for each Board or Commission be one member of the interview team for that Board or Commission. Ordinance Authorizing the City Manager to Enter into a Contract Over Two Years in Length for a Batting Cage Concession at City Park, Adopted on First Reading Following is the staff's memorandum on this item: "Softball in Fort Collins is one of our most popular and attractive recrea- tional programs. This year alone, we registered 270 teams, comprising over 4,500 players, who entered our Adult Leagues which began exhibition play on April 24th. The Softball Program brings in approximately 20% of our annual Recreation Division revenues. ' One thing that all 4,500 softball players (and who knows how many others play casually) have in common is the need to practice. Toward this goal, private enterprise here in Fort Collins has approached the Parks and Recreation Department about the establishment of commercial softball batting cages, which would offer players the chance to get all the batting practice that they need. By letting the private sector provide such batting cages at essentially all their own costs, the City can provide another outdoor recreational service to the public at no cost to the City, while at the same time bring in a percentage of the gross take as addi- tional revenue to the Recreation Fund. Two different firms have submitted proposals to us to provide automatic pitching machines and batting cages, to be installed at the City Park Ballfield Complex. Our staff has thoroughly reviewed the two proposals, and after consulting with the Light and Power Department about utility lines, and with the City Attorney about legal elements, we are recommending Council approve this Ordinance which will authorize the City Manager to enter into an Agreement with the concessionaire. A local Fort Collins company, known as "The Batter's Box", has proposed to provide us this batting cage service, and they will give us 15% of their gross revenues annually, with the term of the contract to run three years, with an option for an additional two years. A contract for this length of time will allow The Batter's Box to recover their investment costs of over $15,000. Three ' cages will be provided. -203- ' May 3, 1983 The concession will be operational from May to September each year, and it is estimated that revenues to the City will be approximately $3,000 to $6,000 annually. There is no cost to the City." Councilmember Horak made a motion, seconded by Councilmember Elliott, to .adopt Ordinance No. 57, 1983 on First Reading. Karen Merritt and Len Skovira, owners and operators of "The Batter's Box", spoke of the operation of their concession and the terms of their contract. Councilmember Horak asked about alternative methods for advertising for proposals of this type. He suggested ads on the sports page of the news- paper instead of the standard public notice in the legal section. The vote on Councilmember Horak's motion to adopt Ordinance No. 57, 1983 on First Reading was as follows: Yeas: Councilmembers Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Citizen Participation ' Carolyn Haase, review of the 2307 Sheffield, read a letter into the record suggesting City's election system. She recommended the Charter a be changed to nominate the seven Councilmembers by districts and elect them at large. Mayor Knezovich felt Council would be polling their constituents to come up with a better solution to the election problem prior to the March, 1985 election. A. Proclamation Naming May.5 as National Day of Prayer, will be delivered to —the e appropriate persons. B. Proclamation Naming May 6 as Nurses Day, was accepted by Sharon Sell - man, Assistant Administrator -Director .of Nursing at Poudre Valley Hospital. C. Proclamation Naming May 8-20 as a period to Promote Foster Parenthood, was accepted by Tracy Strom of the Larimer County Department of Social Services. D. Proclamation Naming May 1-7 as Public Radio Week, was accepted by a representative of KCSU-FM. E. Proclamation Naming the Month of August as Compassion Month, was ac- cepted by Rik Arensmeier and I Dan Wildeson of Compassion International. -204- May 3, 1983 Resolution Implementing a Citizen Participation Program for Capital Improvements (Project Recap), Adopted Following is the staff's memorandum on this item: "This Resolution declares the intention of the City Council to develop a process whereby the citizens of the community will be invited and encour- aged to participate in the formulation of a program of capital improvements for the future. It is a commitment on the part of the Council to actively seek out issues of concern to the community. The details of the process will evolve as the Council and the staff work together on Project Recap. Staff recommends adoption of this resolution as a declaration to the communtty of Council's commitment to citizen participation." Councilmember Elliott made a motion, seconded by Councilmember Ohlson, to adopt the Resolution. ' Councilmember Elliott stated the purpose of the Resolution was to try to solicit input from the citizens of Fort Collins as to how Council can better address some of the capital projects facing the City. The vote on Councilmember Elliott's motion to adopt the Resolution was as follows: Yeas: Councilmembers Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Items Relatinq to Snow and Ice Control Following is the staff's memorandum on this item: "A. Resolution Approving and Adopting the Snow Removal Handbook as the City's Administrative Policy for Snow and Ice Control. B. Hearing and First Reading of Ordinance No. 58, 1983, Creating a Plan of Action for Snow Emergencies. C. Hearing and First Reading of Ordinance No. 59, 1983, Regarding the Procedures for Snow and Ice Removal by Property Owners. I -205- May 3, 1983 The first item is a Resolution adopting a Snow and Ice Control Plan for the City of Fort Collins. This plan provides the guidance for the planned and orderly winter maintenance of City streets. The plan categorizes streets into a priority system and designates the order in which they will be plowed. The responsibilities of personnel, procedures to be followed, and location of the equipment to be used are also included in the plan. The plan will be continously updated by the Transportation Services Unit. The second item is a Snow Emergency Ordinance. This Ordinance describes the conditions under which a snow emergency will be declared and identifies how the public will be notified. The Ordinance further states that parking will be prohibited on "snow emergency routes" during a snow emergency and authorizes the City to tow vehicles away so the routes can be plowed. Signs will be put up to designate the snow emergency routes. The third item is an Ordinance revising the Code relating to snow and ice removal from private property. This proposed revision provides changes in the assessment method and in the hearing of appeals. Under the current Ordinance the City Council is responsible for authorizing assessments and hearing appeals. This proposed revision would place the responsibility for ' authorizing assessments upon the Director of Finance. The appeals panel would consist of a representative from the Department of Finance, the Department of Public Works, and the Transportation Services Unit." Councilmember Horak made a motion, seconded by Councilmember Elliott, to adopt the Resolution. Yeas: Councilmembers Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Councilmember Rutstein made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 58, 1983 on First Reading. Councilmember Horak asked what criteria would be used to declare a snow emergency. Director of Transportation Services Bob Lee replied accumulation of snow, anticipated length of the storm, and the anticipated depth of the snow would be important factors in declaring an emergency. City Manager Arnold noted the City's strategic approach would be to respond appropriately based on the conditions that exist and are expected to exist. ' Ken Bonetti, 627 Whedbee, questioned the moving of vehicles from designated snow emergency routes. He expressed concern that there was not adequate -206- May 3, 1983 , alternative parking in those areas and that the Ordinance would cause hardships to the elderly or handicapped. Additionally, he expressed concern about the towing policy for persons who might be out of town or experiencing mechanical problems with their vehicles. Mayor Knezovich suggested Mr. Bonetti meet with Bob Lee to try to resolve his questions and concerns. Councilmember Ohlson pointed out that of the City's 59 miles of designated arterial streets, only five miles of those would be affected. The vote on Councilmember Rutstein's motion to adopt Ordinance No. 58, 1983 on First Reading was as follows: Yeas: Councilmembers Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Councilmember Elliott made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 59, 1983 on First Reading. Dave Edwards, 643 Skysail Lane, suggested 24 hours might not be a suffi- cient amount of time for the elderly, handicapped, or certain others to clear the sidewalks in front of their homes. He also suggested Council ' retain the responsibility for hearing appeals instead of the proposed appeals panel consisting of staff members. He stated his comments applied to the next item dealing with weed and rubbish removal. The vote on Councilmember Elliott's motion to adopt Ordinance No. 59, 1983 on First Reading was as follows: Yeas: Councilmembers Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Ordinance Revising Chapter 79, Paragraphs 79-6 and 79-7 of the Code for Weeds, Brush, and Rubbish Abatement, Adopted on First Readinq Following is the staff's memorandum on this item: "There are several changes which need to be made to the current weed, brush and rubbish abatement ordinance in order to make it more effective. First, more definitions need to be included. The current ordinance vaguely defines "property", but other terms such as "weed", "brush", "rubbish", "ditch", "open area", and "owner" are not defined. Definitions of these I terms are included in the proposed ordinance revision. -207- May 3, 1983 The revised proposed ordinance also establishes allowable weed heights. In the current ordinance weed height is not addressed. A significant change in the proposed revised ordinance is the addition of a published cutting and removal notice. Individual inspection and notifica- tion will still be used for those few who do not comply with the published notice. However, the length of time given to comply with an individual written notice will be shortened from 10 days to 5 days. Two paragraphs addressing the responsibilities of owners of ditches have been added to the proposed ordinance. Weeds and rubbish in ditches have been a problem in the past. Other changes are minor in nature, involving some word changes in titles and phrases." Councilmember Rutstein made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 60, 1983 on First Reading. Councilmember Rutstein noted the concerns of Mr. Bonetti and Mr. Edwards ' had been taken into consideration at the work session. She stated she felt City staff would be reasonable if someone was sick, elderly, out of town, etc. The vote on Councilmember Rutstein's motion to adopt Ordinance No. 60, 1983 on First Reading was as follows: Yeas: Councilmembers Elliott,• Horak,, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Other Business City Attorney Huisjen called attention to a memo regarding Sky's West Para- chute's operation at the Fort Collins/Loveland Airport. He noted they were. operating there without the consent of the Cities and the ad -hoc committee recommended that legal action be taken to compel them to obtain approvals if they qualify, to refrain from refueling aircraft at the airport unless they qualify and to pay fuel flowage fees and percentages of gross revenues according to the rules and regulations for their past activities. He asked Council to consider authorizing the City Attorney to represent the City against Sky's West Parachute Center together with the City of Loveland and to seek relief. ' Councilmember Horak made a motion, seconded by Councilmember Elliott, to authorize the City Attorney to represent the City against Sky's West Para- IIm May 3, 1983 chute Center as described by City Attorney Huisjen. Yeas: Councilmembers Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Adjournment Councilmember Horak made a motion, seconded by Councilmember Elliott, to adjourn the meeting. Yeas: Councilmembers Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. The meeting adjourned at 9:00 p.m. ATTEST: - (� �JI�AAIJU� �9.JR City Clerk .QS -209-