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HomeMy WebLinkAboutMINUTES-05/17/1983-RegularMay 17, 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, May 17, 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: Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Staff Members Present: Arnold, Meitl, Krajicek, Huisjen Agenda Review: City Manager Councilmember Rutstein asked that Item #9, Hearing and First Reading of Ordinance No. 63, 1983, Annexing Property Known as the Riverside-Lemay Annexation; and Item #10, Hearing and First Reading of Ordinance No. 64, ' 1983, Zoning Property Known as the Riverside-Lemay Annexation, be withdrawn from the Consent Agenda. Councilmember Horak requested that Item #14, Resolution Authorizing Exten- sion Agreement with the Fort Collins -Loveland Water District and the South Fort Collins Sanitation District, be removed from the Consent Agenda. Mayor Knezovich asked that Item #13, Resolution Authorizing the Filing and Execution of a 1983 Section 5 Operating Assistance Grant for Transfort, be removed from the Consent Agenda. 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 1,25, 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 meeting of May 3. -210- 1 May 17, 1983 5. Second Reading of Ordinance No. 55, 1983, Appropriating Unanticipated Revenue in the General Fund. Ordinance No, 55, 1983 was unanimously adopted on First Reading on May 3 and 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 6. Second Reading of Ordinance No. 56, 1983, Authorizing the Transfer of Appropriated Funds from Parkland Administration to Par an Par Equipment and to the Landings Park Project. This ordinance was unanimously adopted on First Reading on May 3 and authorizes the following transfers from Parkland Administration to: (a) Park Equipment Replacement $ 40,000 (b) Final design for Landings Park $ 2,000 7. Second 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 Par The City has received requests to provide practice batting cages with automatic pitching machines at the City Park Ballfield complex. Requests for proposals were solicited for such a concession and the ordinance was unanimously adopted on First Reading on May 3. The pitching machines would be operated May to September each year and it is estimated that revenues to the City will be approximately $3,000 to $6,000 annually. The length of the contract is 3 years, with an option for an additional 2 years. The owners and operators are "The Batter's Box", Karen Merritt and Len Skovira. ' -211- I May 17, 1983 8. Ordinances Regarding the Adoption of the Upper Third 1983 Pay Plan. A. Second Reading of Ordinance No. 61, 1983, Adopting the 1983 Pay Plan for City Employees and Authorizing the Payment of an Addi- tional Sum Calculated from Base Pay Retroactive to January 3, 1983. B. Second 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, was unanimously adopted on First Reading on May 3 and 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. Ordinance No. 62, 1983, was unanimously adopted on First Reading on May 3 and appropriates prior year reserves in those funds requiring additional appropriations to cover the costs of the 1983 pay plan. ' 9. Hearing and First Reading of Ordinance No. 63, 1983, Annexing Property Known as the Riverside-Lemay Annexation. This is a request to annex 33-acres, located between Colorado Highway 14 (East Mulberry) and the C&S Railroad, along Lemay Avenue. Present County zoning is I (Industrial) and C (Commerical). North: C, County. Vacant South: I-G, Riverside 4th. East: I, County. Vacant West: C, I-G, C, Riverside Avenue Applicant: Harold Fisher 10. Hearing and First Reading of Ordinance No. 64, 1983, Zoning Property Known as the Riverside-Lemay Annexation. This is a request to zone 33-acres, B-P, Planned Business, located between Colorado Highway 14 and the C&S Railroad, along Lemay Avenue. The site is zoned I -Industrial and C-Commercial in Larimer County. 11. Hearing and First Reading of Ordinance No. 65, 1983, Authorizing the Transfer of Appropriated Funds for the Repair of the Linden Street Bridge. ' This ordinance authorizes the transfer of $17,500 from two completed -212- May 17, 1983 capital projects to the Linden Street Bridge project for the cost of repairs. 12. Hearing and First Reading of Ordinance No. 67, 1983, Appropriati UnanticipatedRevenue in the Cultural Services an Faci sties Fund t Conservation of the Oldest Existinq American Flao in Larimer Count The Fort Collins Museum has been awarded a grant from the Colorado Historical Society for the conservation of the oldest existing flag in Larimer County. The flag was made in 1864 and donated to the Museum in 1941. To extend the flag's life and continue utilizing its education value to visitors of the museum, it must be preserved. This Ordinance appropriates $1,015 in grant funds from the Colorado Historical Society in the Cultural Services and Facilities Fund for the preservation of the oldest existing flag in Larimer County. 13. Resolution Authorizing the Filing and Execution of a 1983 Section 5 Operating Assistance Grant for Transfort. Section 5 of the Federal Urban Mass Transportation Act (UMTA) provides ' operating assistance funds for transit systems in urbanized areas with populations over 50,000. Transfort received operating assistance funds from Section 5 in 1982 and plans to apply now for 1983. In order to meet UMTA requirements, a resolution from the City author- izing the filing and execution of the grant agreement is necessary. 14. Resolution Authorizing Extension Agreement with Fort Collins -Loveland Water District an t e Sout Fort Co ins Sanitation District. On April 20, 1982, the City of Fort Collins entered into an Agreement with the Fort Collins -Loveland Water District and the South Fort Collins Sanitation District concerning the water and sewer service in the South Fort Collins area. On May 4, 1983, Councilmembers Gerry Horak and Bill Elliott, together with City staff members, met with representatives of the Districts and discussed the subjects of water and sewer service in the South Fort Collins area. At that meeting, it was concluded that the Intergovernmental Agreement entered into on -the 20th day of April, 1982, should be extended for another year so as to encourage further study and cooperation between the City and the Districts. 15. Routine Easement. The following is a routine easement which has been reviewed and I approved by the affected departments and legal staff. -213- May 17, 1983 Easement from Mountainridge Farm, Inc., located between Horsetooth and Harmony west of Shields see attached map), needed to continue the Warren Trunk sewer line west of Shields through Section 34. As additional easements are obtained from the two property owners to the south and north, the line will be extended to serve western develop- ments such as Stockbridge and Rossborough. This particular easement is being donated to the City. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Second Reading of Ordinance No. 55, 1983, Appropriating Unantici- pated Revenue in the Genera Fun . Item #,6. Second Reading of Ordinance No. 56, 1983, Authorizing the Trans- fer of Appropriated Funds from Parkland Administration to Park- land Park Equipment and to the Landings Park Project. Item #7. Second Reading of Ordinance No. 57, 1983, Authorizing the City anager to enter into a contract over two years in engt or a Batting Cage Concession at City Tark. ' Item #8. A. Second 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, B. Second Reading of Ordinance No. 62, 1983, Appropriating Prior. Year Reserves in Various Funds for Implementation of the 1983 Employees Pay Plan. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #9. Hearing and First Reading of Ordinance No. 63, 1983, Annexing Property Known as the Riverside-Lemay Annexation. Item #10. Hearing and First Reading of Ordinance No. 64, 1983, Zoning Property Known as the Riverside-Lemay Annexation. Item #11. Hea'.•ing and First Reading of Ordinance No. 65, 1983, Authorizing the Transfer of Appropriated Funds for the Repair of the Linden Street Bridge. Item #12. Hearing and First Reading of Ordinance No. 67, 1983, Appropri- ating nanticipate Revenue in t e Cu tura Services an aci i- ' ties Fund for Conservation of the Oldest Existing American Flag in Larimer County. -214- May 17, 1983 Councilmember Rutstein made a motion, seconded by Councilmember Cassell, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Ordinance Annexing Property Known as the Riverside-Lemay Annexation, Adopted on First Reading Following is the staff's memorandum on this item: "This is a request to annex 33-acres, located between Colorado Highway 14 (East Mulberry) and the C&S Railroad, along Lemay Avenue. Present County zoning is I (Industrial) and C (Commerical). The surrounding zoning and land uses are as follows: North: C, County. Vacant ' South: I-G, Riverside 4th. East: I, County. Vacant West: C, I-G, C, Riverside Avenue. Applicant: Harold Fisher Discussion Policy 17 of the Land Use Policies Plan states that: The City will establish annexation criteria through which it will consider annexation proposals. With the adoption of the Intergovernmental Agreement, the following annexa- tion criteria and policies for the Urban Growth Area have been established: The City of Fort Collins agrees to annex all property within the unincorporated area of the Urban Growth Area as soon as said property becomes eligible for annexation. The City agrees to consider for annexation any land which qualifies for voluntary annexation pursuant to State Law. The Riverside-Lemay annexation request is eligible for annexation since it meets the contiguity requirements and is a voluntary annexation. Contigu- ity is gained through the railroad right-of-way. -215- May 17, 1983 Staff Recommendation Staff recommends approval of the Riverside-Lemay Annexation. Planning and Zoning Board Recommendation Approval on a vote of 7-0 (Case No. 23-83)." Councilmember Clarke made a motion, seconded by Councilmember Elliott to adopt Ordinance No. 63, 1983 on First Reading. Councilmember Rutstein stated she was aware of plans for getting funds to develop the property along the Poudre River. Locally, the Poudre River Trust has been involved in these plans. She asked the applicant, Harold Fisher, if he had given any thought as to whether his property might fit into this concept. Mr. Fisher noted approximately 50% of this parcel is in the floodway of the Poudre River and might fit into the Poudre River Trust, if established. He noted he had no specific plans for the site except for the mortuary possi- bility. The vote on Councilmember Clarke's motion to adopt Ordinance No. 63, 1983 on First Reading was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Ordinance Zoning Property Known as the Riverside-Lemay Annexation, Adopted on First Readinq Following is the staff's memorandum on this item: "This is a request to zone 33-acres, B-P, Planned Business, located between Colorado Highway 14 and the C&S Railroad, along Lemay Avenue. The site is zoned I -Industrial and C-Commercial in Larimer County. Discussion This site would have access to Lemay Avenue and Mulberry (Colorado Highway 14). Utilities are available to the site. B-P, Planned Business, zoning allows any use permitted in the R-M, Medium Density Residential, zone to be ' built as a use by right (single family detached units and multi -family units provided a 1:2 floor area ratio and zoning set back requirements are -216- May 17, 1983 ' met), although the property would probably not develop predominantly residential in nature. Any retail, commercial, business service, or industrial use can be proposed on the subject property through a planned unit development processed through the Land Development Guidance System. A PUD would ensure careful review of proposed projects and how they relate to Lemay, Mulberry, the Poudre River, and associated trail system and the railroad tracks. Staff Recommendation Staff recommends approval of the Riverside-Lemay B-P zoning request subject to the site being developed as a PUD. Planning and Zoning Board Recommendation Approval on a vote of 7-0, subject to the site being developed as a PUD (Case No. 23-83A)." City Attorney Huisjen proposed adding another section to the Ordinance stipulating the site be developed as a P.U.D. He stated this condition was part of the Planning and Zoning Board approval. Councilmember Clarke made a motion, seconded by Councilmember Cassell, to ' adopt Ordinance No. 64, 1983 on First Reading with the amendment described by the City Attorney. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Resolution Authorizing the Filing and Execution of a 1983 Section 5 Operating Assistance Grant for Transfort, Adopted Following is the staff's memorandum on this item: "Section 5 of the Federal Urban Mass Transportation Act (UMTA) provides operating assistance funds for transit systems in urbanized areas with populations over 50,000. Transfort received operating assistance funds from Section 5 in 1982 and plans to apply now for 1983. In order to meet UMTA requirements, a resolution from the City authorizing the filing and execution of the grant agreement is necessary. A proposed resolution is attached for Council consideration. The estimated operating deficit for 1983 for Transfort is $482,653 (ex- ' penses less revenue). Under Section 5, Transfort can ask for 50% of this -217- May 17, 1983 deficit to be reimbursed, which would be $241,326. However, Transfort will apply for $261,838, which is the amount UMTA has set aside for Fort Col- lins. If $261,838 is received, $20,512 would be available as a carry over to 1984. The amount specified in the Resolution is the total operating deficit of $482,653. This is the format UMTA requires. However, only 50% of that amount is eligible for reimbursement. Any operating money Transfort receives from UMTA requires a 50% match. Transfort's match is available in the operating budget. Staff recommends adoption of this Resolution." Councilmember Cassell made a motion, seconded by Councilmember Horak, to adopt the Resolution. Mayor Knezovich questioned the purpose of the phrase in the Resolution stating procedures were to be established to ensure minority businesses have the opportunity to compete for contracts. He then asked how long the City could continue to have ever increasing subsidies and be dependent on the federal government. He opposed adopting the Resolution asking the federal government to fund the deficits. Councilmember Rutstein expressed optimism that ridership would increase and reduce the deficit. Councilmember Clarke detailed some of the promotional ideas planned to increase ridership and noted the system had been enlarged and improved substantially with a modest increase in City expenditures. City Manager Arnold noted the Resolution was required as part of the application process to address minority business enterprise. The City has developed a Minority Business Enterprise Plan that is submitted with the application and has been approved by the federal government as an accept- able plan. Councilmember Horak noted part of the monies the City was applying for are a portion of the 50 gas tax increase recently adopted. The citizens cif Fort Collins pay this increase to the federal government and a portion comes back to Fort Collins for use in another type of transportation. The vote on Councilmember Cassell's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Ohlson, and Rutstein. Nays: Mayor Knezovich. THE MOTION CARRIED. -218- May 17, 1983 ' Resolution Authorizing Extension Agreement with Fort Collins -Loveland Water District and the South Fort Collins Sanitation District. Adopted Following is the staff's memorandum on this item: "On April 20, 1982, the City of Fort Collins entered into an Agreement with the Fort Collins -Loveland Water District and the South Fort Collins Sani- tation District concerning the water and sewer service in the South Fort Collins area. On May 4, 1983, Councilmembers Gerry Horak and Bill Elliott, together with City staff members, met with representatives of the Districts and discussed the subjects of water and sewer service in the South Fort Collins area. At that meeting, it was concluded that the Intergovernmental Agreement entered into on the 20th day of April, 1982, should be extended for another year so as to encourage further study and cooperation between the City and the Districts. Accordingly, I have prepared an Extension Agreement, extending the terms of the Intergovernmental Agreement to June 1, 1984, and adding terms for certain specified studies to be accomplished within specified periods of time." Councilmember Horak made a motion, seconded by Councilmember Rutstein, to adopt the Resolution. ' Councilmember Horak pointed out that he and Councilmember Elliott had been involved in a meeting with the south districts. This agreement is an extension of the agreement in effect the past year and contains a few items of specific performance to be done by the staff and the committee over the next 30-90 days. These are work on utilization of the water in the area and seeing how the City's water requirement for new development compares with the south districts requirements. The vote on Councilmember Horak's motion to adopt the Resolution was as follows: ,Yeas: Councilmembers Cassell, Clarke, 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. Second Reading of Ordinance No. 58, 1983, Creating a Plan of Action for Snow Emergencies. B. Second Reading of Ordinance No. 59, 1983, Regarding the Procedures for , Snow and Ice Removal by Property Owners. -219- n Ordinance No. 58, 1983, was unanimously and describes the conditions under which and identifies how the public will be states that parking will be prohibited c snow emergency and authorizes the City can be plowed. Signs will be put up routes. May 17, 1983 adopted on First Reading on May 3 a snow emergency will be declared notified. The Ordinance further i "snow emergency routes" during a o tow vehicles away so the routes to designate the snow emergency Ordinance No. 59, 1983, was unanimously adopted on First Reading on May 3 and revises the Code relating to snow and ice removal from private pro- perty. 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 Rutstein made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 58, 1983 on Second Reading. Councilmember Horak noted City staff had responded to the concerns of citizens expressed at the May 3 meeting. He pointed out the Ordinance probably would not have been used very often over the past few years. The vote on Councilmember Rutstein's motion to adopt Ordinance No. 58, 1983 on Second Reading was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Councilmember Cassell made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 59, 1983 on Second Reading. Yeas: Councilmembers Cassell, Clarke, 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 Second Readinq Following is the staff's memorandum on this item: -220- May 17, 1983 ' "This ordinance was unanimously adopted on First Reading on May 3 and makes several changes to the current weed, brush and rubbish abatement ordinance in order to make it more effective: 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." Councilmember Rutstein made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 60, 1983 on Second Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Resolution Authorizing the City of Fort Collins to Begin Condemnation Proceedings Against Lorraine A. Quinn for Property Located at 205 and 207 LaPorte Avenue, Adopted Following is the staff's memorandum on this item: "Mrs. Quinn and our staff have not been able to reach agreement on the value of her property. This negotiation began in July 1981 and has con- tinued through last week. In negotiation we are approximately $25,000 apart from our highest offer to her lowest offer. From conversations with Mrs. Quinn and her attorney, Mr. Bill Wyatt, it does not appear that we will reach an agreement on valuation of the property. Attached is a listing of primary contact dates and the discussions that took place at that time. Mrs. Quinn has resisted selling this property since the initial contact in June of 1981. Earlier this year, she did agree to sell the property under certain terms to which we agreed, but at a much higher price than we could pay. The only item which is preventing us from signing an agreement, is the price of the property. In discussion with the Executive Committee for Blcck 31 and the City Attorney, we feel the best method to resolve our differences on valuation is condemnation. The property owned by Mrs. Quinn presents the only remaining obstacle to total land acquisition for this City/County parking lot project." Councilmember Cassell made a motion, seconded by Councilmember Clarke, to adopt the Resolution. -221- 11 IMay 17, 1983 City Manager Arnold noted this condemnation allows the City to move ahead with the parking lot project which is scheduled for completion in October. He stated bids for demolition had come in at $99,999.99 which is $220,000 less than the bid estimate of $320,000. He mentioned prospective bidders had indicated difficulty in demolishing the grain elevator without damaging these two properties because of their condition. Title to the properties would resolve this concern and allow the City to proceed. City Attorney Huisjen noted this process would not preclude further negoti- ations with the property owner or her representative. He stated Mrs. Quinn's attorney, Bill Wyatt, had been advised of this action. The vote on Councilmember Cassell's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTIO14 CARRIED. City Manager's Report City Manager Arnold reported on a letter from Governor Lamm referring to the City's letters to the Department of Energy on hazardous materials and the railroad and offering support. He announced Silvija Widmer had accepted the position of Budget & Research Director and would begin work on May 23. He reported, on the power outages during the recent snow storm and noted City Light and Power crew.s were working in Loveland and Longmont, in accordance with the City's mutual aid agreement, helping them get their systems operating. Councilmembers' Re Councilmember Clarke again expressed concern about the decrease in Trans - fort ridership. He noted volunteers were being recruited to ride the buses to explain routes and transfer procedures to riders. Councilmember Horak reported the Urban Area Policy Committee for Transpor- tation, a committee of the Metropolitan Planning Organization, would meet to consider whether the Anheuser-Busch interchange would be included in the transportation improvement plan and the long range plan. ' Councilmember Cassell reported on the American Public Power Association national conference in Arizona noting the theme was "Planning for Effici- ency". -222- May 17, 1983 Councilmember Elliott reported on the Poudre Fire Authority meeting noting discussions were held on high-rise sprinkler funding schemes and the 1983 Pay Plan had been adopted. Mayor Knezovich noted he and Councilmember Horak had spoken of development along the Poudre River and are suggesting an ad hoc committee be formed to explore all the alternatives and bring recommendations back to Council. He asked Council for names of those who might serve on such a committee. He added he would be representing the City of Fort Collins in front of the Highway Commission regarding the Anheuser-Busch interchange issue. Citizen Participation A. Proclamation Naming May 15 - 21 as National Insurance Women's Week, was accepted by Sandy Dodder, a member of the Larimer County Chapter of Women in Insurance. B. Proclamation Naming June, 1983 as Recreation and Parks Month, was accepted by Chuck o ano, Pars and Recreation Board Chairman. C. Proclamation Naming July 11-16 as Law Enforcement Explorer Week, was ' acceptedy Chief Rap Smith, who spoke o the events proposed for the week and noted he was the host chairman for the event. Trolley Discussion The following persons spoke on this issue: 1. Gail McMahon, 1319 West Mountain, of the Fort Collins Parkway Preserva- tion Society, spoke of the efforts to find an alternative route for the trolley and expressed hope Councilmember Clarke would continue to work with both groups. 2. Jim Nance, 704 West Mountain, asked whether Councilmember Clarke had found what he felt was a viable alternative and if so, why was it not proposed. Councilmember Clarke replied the committees had met many times at great length to explore different options, mainly in the downtown area. As the procedure continued, one option was presented that was not acceptable to the Trolley Society. Other options were considered that were also not acceptable to the Trolley ' Society. He noted he felt he had pursued the issue as far as he could and -223- 1 May 17, 1983 had removed himself from the negotiations and the groups ceased to meet as a committee. There does not seem to be an alternate route to the West Mountain route that is acceptable to the Railway Society. Additionally, the concept of a static display of the trolley was not acceptable to the Railway Society. 3. Mark Teets, 1423 West Mountain, Fort Collins Parkway Preservation Society, reiterated the Society's opposition to the West Mountain route and suggested the car be placed in a static display if an alternate route could not be found. 4. Chris Moore, 1426 West Mountain, expressed opposition to the West Mountain route. 5. Mark Bassett, 316 Loomis, Fort Collins Railway Society President, stated that since the search for an alternate route has apparently failed, the Society will go ahead with their plans for the West Moun- tain route. He outlined the Society's reasons for rejecting the proposed route along three blocks of East Mountain and three blocks of West Mountain. He cited crossing College Avenue and Mason Street as too expensive and the shortness of the route as being some of the drawbacks to the alternate route. 6. John Messineo, 137 North Bryan, suggested the Railway Society do without City staff or equipment unless the City is compensated. Resolution Approving Revisions to the Intergovernmental Agreement for the Fort Collins Urban Growth Area, and its Related Elements, and Authorizing the Mayor to Execute Said Agreement with Larimer County, Action Postponed to May 24 Following is the staff's memorandum on this item: "Since mid -January 1983, the staffs of Larimer County, the City of Fort Collins, and the City of Loveland have been meeting to review all com- ponents of the Intergovernmental Agreements which set up the Fort Collins and Loveland Urban Growth Areas. Attached to this Agenda Item Summary is a Staff Report highlighting the staffs' findings and recommended changes concerning the Intergovernmental Agreement for the Fort Collins UGA. Included is a revised version of all components of the Intergovernmental ' Agreement. Revisions appear in all upper case and are highlighted by magic marker. -224- May 17, 1983 The Planning and Zoning Board reviewed the revisions to the Intergovern- mental Agreement at a special meeting on May 2, 1983. A copy of the Board's minutes is attached." Mayor Knezovich announced tonight's meeting would be devoted to hearing citizen comments and concerns and Council then would meet in an adjourned session to take formal action on the Resolution on May 24. The following persons spoke on the Urban Growth Area issue: Art Krenzel, 1201 Clark Street, stated he felt the Urban Growth Area boundary revision was in violation of the objectives of the Land Use Policy Plan. 2. Wayne Ude, 931 Vanderbilt Court, Chairman of Fort Collins Common Cause, suggested the City allow an adequate amount of time for the public to study the proposed changes. 3. Kate Brandes, 3107 Rockwood Drive, League of Women Voters President, gave comments on her letter which had been included in the Agenda. Director of Planning and Development Curt Smith highlighted key points of ' the process followed. He noted after receiving several letters pointing out concerns and problems with the Intergovernmental Agreement, staff decided an overall review of the entire Urban Growth Area program was necessary. He stated staff had evaluated all four of the components of the UGA Agreement: 1. the agreement 2. the boundary 3. the land use policies 4. the supplemental regulations He noted the elements should be considered as a package although staff is proposing changes in all four for a variety of reasons. He pointed out the Planning and Zoning Board had held a special meeting to consider this item separately on May 2. Following consideration by the Council, the County Commissioners and the County Planning Commission will take action on June 16. The City of Loveland is proceeding through the same process. He discussed the policy with regard to growth to the north and pointed out the barriers to that goal. He stated staff felt a large scale industrial park was needed to balance the employment base and growth in the north with the employment base and growth in the south. He spoke on the waiver process noting the initial request pointed out the agreement only allowed a vari- ance to one of the criteria set forth in the agreement -- the 1/6 conti- guity requirement. He stated staff recommended incorporating a variance -225- n May 17, 1983 process into the agreement that would, for example, require the developer to indicate his impact on the street network so that if the improvements are not needed at a 4-lane capacity, there would be a mechanism to receive a variance to that requirement. He added that all zoning ordinances in the City have a variance procedure and felt the waiver procedure was needed to preserve the legality of the ordinance. 4. Alan Apt, 2301 Sheffield Drive, spoke on the phasing criteria and agreed there were inequities. He suggested that the section of the waiver process dealing with exceptional circumstances be made more specific to avoid a flood of applications attempting to prove an exceptional circumstance. 5. Pat Venable, 1505 Richards Lake Road, expressed concern about the implications of industrial development in her neighborhood. 6. Sandy Lemberg, Poudre Canyon resident, commented on the consequences of urban sprawl and voiced his opposition to it. 7. Marilyn Kress, 1740 Rangeview Drive, felt the proposed enlarging of the Urban Growth Area was breaking the original agreement and encouraging leap frog growth. 8. Jim Kambon, 1937 Country Club Road, spoke of the misunderstanding and lack of understanding of this issue. He felt the information available was vast, complex, and difficult to digest. He suggested more time be allotted to discuss the issue and educate the public. 9. Curt Halvorson, 1824 Cannes Court, asked that more time be allowed to review the issue and that Anheuser-Busch disclose more of their plans for the site. He felt there was not adequate citizen input and sug- gested the matter be put to a vote. 10. Richard Loehrke, 1901 Rangeview Drive, asked if the process to amend the Urban Growth Area agreement would allow as much citizen input and compromise as when the agreement was originally formulated. Mayor Knezovich replied there had been considerable discussion between City and County staff members and there was now opportunity for boti7 the Council and the Commissioners to make changes in the language and recommendations of staff. 11. Leonard Banowetz, 12 Forest Hills Lane, spoke of growth to the north, noting there were many people who are upset with the procedure and the proposed changes to the Urban Growth Area boundary. -226- May 17, 1983 Mayor Knezovich declared the public hearing was closed and noted on May 24 at 5:30 p.m. Council would continue the discussion and hopefully make a decision on the revisions to the intergovernmental agreement. Adjournment Councilmember Ohlson made a motion, seconded by Councilmember Cassell, to adjourn the meeting to 5:30 p.m. on May 24, 1983. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. The meeting adjourned at 11:00 p.m - ATTEST: Oyn!l e U City Clerk -227-