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HomeMy WebLinkAboutMINUTES-08/02/1983-RegularAugust 2, 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, August 2, 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: Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Mayor Knezovich noted that Councilmember Cassell's resignation was effective August 1. Staff Members Present: Arnold, Huisjen, Lewis, M. Davis, Hays, C. Smith, Widmer, T. Frazier, Wood, Harmon. Resolution Appointing Representative to the City Council to Fill the Unexpired Term of Gary Cassell Following is the staff's memorandum on this item: "On July 28th Council conducted interviews with the seven applicants for the Council vacancy that exists because of the resignation of Gary Cassell, effective August 1, 1983. Council will need to make their selection and then adopt the Resolution formally appointing the person to fill this vacancy." Mayor Knezovich commented on the special meeting held on July 28, at which time further discussion of this matter was deferred to August 2nd. He stated that nominations would be presented and citizen input would be allowed. Councilmember Elliott, seconded by Councilmember Clarke, nominated David Edwards. Councilmember Ohlson, seconded by Councilmember Rutstein, nominated Sharon Brown. Councilmember Elliott made a statement supporting the nomination of David Edwards. I Councilmember Ohlson supported the nomination of Sharon Brown. -372- August 2, 1983 ' Councilmember Clarke spoke in favor of the nomination of David Edwards. Councilmember Rutstein expressed her support for Sharon Brown's nomination. Jack Miller, 1313 Emigh, stated that Gary Cassell won by a landslide at the 1981 election, and he should be replaced with a person of similar conserva- tive, pro -business sentiments. The Mayor put the question on the nominations with the following results: Clarke - Edwards Elliott - Edwards Horak - Brown Knezovich - Edwards Ohlson - Brown Rutstein - Brown Council's consensus was to proceed with the agenda for the meeting and return to this discussion prior to the recess. 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 #26, 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. 5. Consider Approving the Minutes of the regular meeting of July 19. 6. Second Reading of Ordinance No. 94, 1983, Annexing Property Known as the Schneider 1st Annexation. This is a request to annex 26.5 acres located east of Lemay Avenue north of Riverside Avenue. The Schneider 1st Annexation request is eligible for annexation since it meets the contiguity requirement and is a voluntary annexation. This annexation was approved on First Reading on July 19, 1983 by a 4-0 vote, subject to the annexation boundary being revised to exclude the railroad right-of-way at the railroad's request. The corrected legal is included in Ordinance No. 94, 1983, and the property still ' meets the contiguity requirement under 1973 C.R.S. #31-12-104(a). -373- August 2, 1983 Adoption of this item on the Consent Calendar will make the desired amendment to the legal description on Second Reading of the Ordinance. No other Council action is required. Second Reading of Ordinance No. 95, 1983, Zoning Property Known as. the Schneider 1st Annexation. This is a request to zone 26.5 acres I-G, General Industrial, located east of Lemay Avenue and north of Riverside Avenue. The site has access to Lemay Avenue and utilities are available to the site. I-G zoning permits any business, commercial, industrial, or manufacturing use with the I-L performance standards required (i.e.; glare, heat vibration, light, smoke, odor, and particles). The PUD condition would allow site design and use review by staff under the Land Devel- opment Guidance System. At the request of the railway, the site boundary has changed between 1st and 2nd reading to exclude the railway right-of-way. The legal description included in Ordinance No. 95, 1983, reflects this change. Council approved the Schneider 1st Zoning on First Reading on July 19 by a 4-0 vote, subject to the site being developed as a P.U.D. Adoption of this item on the Consent Calendar will make the desired amendment to the legal description on Second Reading of the Ordinance. No other Council action is required. 8. Second Reading of Ordinance No. 96, 1983, Appropriating Prior Year Reserves for the Department I.ncentive Program. This Ordinance was unanimously adopted on First Reading on July 19. The Department Incentive Program, adopted by City Council as part of the 1983 Annual Budget, was developed to provide incentives to depart- ments to reduce costs and implement economies while maintaining constant service levels. It provides an opportunity for departments to keep monies unspent in any program area from one year to the next. Departments did an excellent job of economizing in 1982 and actual savings were significant. Hearing and First Reading of Ordinance No. 103, 1983, Appropriating Prior Year Reserves in the General Fund to pay for the Operations and Maintenance costs of the Community Parks improved by 198I Bond Issue Funding. In April, 1981; Fort Collins' voters approved a $5,065,000 Community Parks Bond Issue, intended for the completion, acquisition, and improvement of Community Parks. -374- August 2, 1983 ' Funding to pay for the 1983 0&M costs of all the Community Parks improved by 1981 Bond Issue money was "Frozen" by City Council earlier this year. On January 4, 1983, Council passed Resolution 83-14, which froze the Appropriation to the Parks Division in the amount of $186,134, pending the outcome of the March 8th election. The actual amount of funds needed in 1983 to pay for the 0&M costs has been revised to $195,331, which has been identified in the 1984 Budget -Policy Analysis. The additional $9,197 covers the increased costs of fertilizer, tools, labor and tree maintenance, plus having to take over the maintenance of Rolland Moore Park one month earlier than originally anticipated. This Ordinance appropriates the total $195,331 in the General Fund. General Fund Prior Year Reserves will be used to cover the appropria- tion, rather than the originally intended sources of the 3/4t sales tax. The original appropriation will remain frozen until the end of the fiscal year at which time it will lapse. 10. Hearinq and First Readinq of Ordinance No. 104, 1983, Appropriating Prior Year Reserves in the Genera At the January 4, 1983 meeting, City Council adopted Resolution 83-7 ' which provided that a Revenue Allocation Formula be adopted as the City of Fort Collins' contribution to the Poudre Fire Authority for the years 1983-1987. Based upon the Revenue Allocation Formula, the City's 1983 contribution to the Poudre Fire Authority should be $3,105,542. When the City's 1983 Budget was adopted, the Revenue Allocation Formula had not yet been approved and the City's contribution was established at $2,944,003. At this time, we are requesting City Council approval of this Ordinance appropriating the difference between the City's contribution as established by the Revenue Alloca- tion Formula and the amount included in the adopted Budget: Revenue Allocation Formula $3,105,542 1983 Adopted Budget (2,944,003) Difference $ 161,539 Prior year reserves are available in the General Fund for this appro- priation. 11. Hearing and First Reading of Ordinance No. 105, 1983, Designating 202 as an For the past several months, the Cultural Resources Board, through its I Historical Properties Identification Sub -Committee, has been investi- -375- ' August 2, 1983 gating properties within the city limits for the purpose of preparing a select group which the Board feels may qualify for local historic designation. The structure at 202 Remington is one of the buildings which the Board selected to study more closely for prospective designation. After determining that the structure is indeed significant histor- ically, architecturally and geographically (pursuant to Section 69-6 Standards for Designation of Structures and Districts for Preserva- tion, City Ordinance #6, 1981), the Board approached the owner of the property to discuss the process and to attempt to obtain the consent to designation. The owner responded very positively and signed the consent form. 12. Powerline Easement from Deines Aqriculture & Livestock Co. The following is a routine easement which has been reviewed and approved by the Light and Power Department and legal staff: The City has received a powerline easement from Deines Agriculture & Livestock Co., which is located between College Avenue and Shields one mile south of Trilby Road. This routine easement is for the in- stallation of an electric line from the Burlington Northern Railroad to South College Avenue, to facilitate the transfer of customers from Poudre Valley Rural Electric Association service in the Trilby Heights, Triangle Farms and Hermitage Annexations. The scheduled transfer date is August 16th. Consideration paid for this easement is $1. Ordinances on Second Reading were read by title by Molly Davis, Deputy City Clerk. - Item #6. Second Reading of Ordinance No. 94, 1983, Annexing Property Known as the Schneider 1st Annexation. Item #7. Second Reading of Ordinance No. 95, 1983, Zoning Property Known as the Schneider 1st Annexation. Item #8. Second Reading of Ordinance No. 96, 1983, Appropriating Prior Year Reserves for the Department Incentive Program. Ordinances on First Reading were read by title by Molly Davis, Deputy City Clerk. Item #9. Hearing and First Reading of Ordinance No. 103, 1983, Appropri- ating Prior Year Reserves in the General Fund to pay for the ' Operations and Maintenance costs of the Community Pars improved y 1981 Bond Issue Funding. -376- August 2, 1983 ' Item #10. Hearing and First Reading of Ordinance No. 104, 1983, Appropri- atinq Prior Year Reserves in the General Fund. Item #11. Hearing and First Reading of Ordinance No. 105, 1983, Desi 202 Remington as an Historic Landmark. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt and approve all items on the Consent Calendar. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Ordinance Annexing Approximately 164 Acres Known as East Vine Drive 6th Annexation, Adopted on Second Reading Following is the staff's memorandum on this item: "This Ordinance was adopted on First Reading on July 19 by a 4-1 vote and is a request to annex approximately 163.9 acres of property located north of East Vine Drive and east of the Carpenter/McAleer Annexation, east of Lemay Avenue." ' Councilmember Horak made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 97, 1983 on Second Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, and Ohlson. Nays: Councilmember Rutstein. THE MOTION CARRIED. Ordinance Zoning Property Known as East Vine Drive 6th Annexation, Adopted on Second Reading Following is the staff's memorandum on this item: "This Ordinance was adopted on First Reading on July 19 by a 4-1 vote and is a request to zone approximately 163.9 acres of property located north of East Vine Drive and east of the Carpenter/McAleer Annexation, east of Lemay Avenue. The requested zoning is T-Transitional." Councilmember Ohlson made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 98, 1983 on Second Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, and Ohlson. Nays: Councilmember Rutstein. THE MOTION CARRIED. ' -377- August 2, 1983 Ordinance Appropriating Prior Year Reserves and Transfer of Appropriated Amounts from the General Fund to Capital Projects for Expanded Renovation of Old City Hall, Adopted as an Emergency Ordinance Following is the staff's memorandum on this item: "The staff is requesting additional funding for Old City Hall to totally remove the asbestos and add an energy management system. This request is made to eliminate the health hazard caused by the asbestos, improve the operation of our mechanical system, decrease the maintenance on the mechanical system, and decrease our utility charges. The cost for this work is projected to be approximately $230,500. The exact figures will be available August 2, and they can be inserted into the Ordinance. Please refer to the attached memo dated July 22, 1983 for further ampli- fication. IThe Capital Projects Fund Reserve balance is: Balance (as of 7/3/83) $ 631,704 Additional Old City Hall Renovation Total Remaining " City Manager Arnold reported that the bid opening date was August 2. General Services Director Tom Frazier stated that no bids were received, and he recommended that figures be inserted in the Ordinance based on the engineer's estimates. (In Section 1 of the Ordinance, the dollar amount 1208,000" should be listed after "Prior Year Reserves" and the dollar amount "$230,500" should be inserted after the word "TOTAL".) Mr. Frazier stated the project would be re -bid. Councilmember Clarke asked why the general contractor 'for the project did not bid. General Services Director Tom Frazier stated that qualified asbestos removal contractors were contacted from a list provided by the Environ- mental Protection Agency. If no bids come in, staff will proceed to ' negotiate the contract. -378- August 2, 1983 ' Councilmember Clarke made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 106, 1983 as an Emergency Ordinance with the recom- mended dollar amounts inserted in the Ordinance. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Resolution Authorizing the Approval of an Intergovernmental Agreement with the State Department of Highways Providing for $25,000 of the City of Fort Collins 1982-83 Appropriation to be used on Project M05000(4), Communication Alternative Analysis Project, Adopted Following is the staff's memorandum on this item: "At the June 7th Council meeting the Council, by Resolution 83-92, author- ized the City Manager to enter into an agreement with Transplan and Asso- ciates to perform the Communication Alternative Analysis Project. The total cost of this project is expected to be $25,000. The funding source for this project will be a portion of the 1982-83 City ' of Fort Collins Federal Aid Urban Systems grant. This project will be funded at 100% Federal participation. The intergovernmental agreement before you is to allow the use of this money by the State Highway Depart- ment." Councilmember Clarke made a motion, seconded by Councilmember Horak, to adopt Resolution 83-128. Director of Transportation Services Bob Lee clarified the contract provi- sions, stating the $25,000 will be the maximum amount and will be used for consultants. The vote on Councilmember Clarke's motion to adopt Resolution 83-128 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Resolution Authorizing the City Manager to Enter into an Agreement with M & I, Inc., Engineers for Services During Bidding and Construction of the Foothills Water System, Phase II, Not to Exceed $112,000, Adopted , Following is the staff's memorandum on this item: -379- August 2, 1983 "In June of 1980, a small booster pump station was installed in the water distribution system to increase water pressure on the west side of Fort Collins. The pump station was the initial phase of a capital improvement program (Foothills System Improvements) designed to improve the quality of water service and fire protection to the area. In 1982, funds were in- cluded in the approved budget for design of Phase II and Phase III of the project. Phase II consists of constructing a 4 million gallon storage tank and 7700 feet of water transmission-pipeli-ne__and-a-l-arger-permanent-pump station-.—On-May-4-1982— the City Council authorized the City Manager to enter into a professional services agreement with M&I, Inc. to design the Phase II and Phase III facilities. M&I, Inc. was selected for this design work from a group of 19 consultants which responded to the advertised request for proposals. The final design of Phase II improvements is now complete and we are ready to proceed with construction of these facilities. Sufficient funds for the construction of the Phase II improvements are included in the approved 1982 Water Fund Budget. The preliminary design of Phase III improvements has also been completed. The final design of Phase III improvements has been indefinitely delayed pending negotiations with CSU regarding their possible ' participation in the Phase III project. Construction of Phase III is presently scheduled for 1986. The purpose of this agenda item is to request authorization to enter into a professional services agreement with M&I, Inc. for engineering services required during the bidding and construction of Phase II improvements. M&I and the staff have jointly evaluated the tasks and manpower required. The tasks are: o Furnish bidding documents o Respond to questions raised by bidders o Conduct a pre -bid conference o Prepare addenda as appropriate o Assist the City in receiving bids for each separate prime contract for construction, materials, equipment and services o Consult with and advise the City as to the acceptability of subcontractors and other persons and organizations proposed by the prime contractor(s) o Consult with and advise the City as to the acceptability of substitute materials and equipment proposed by Contractor(s) August 2, 1983 o Assist the City in evaluating bids and in assembling and awarding contracts o Consult with and advise the City and act as its representative for construction of the project o Make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed work o Review and approve shop drawings and samples and the results of tests and inspections and other data which each Contractor is required to submit o Issue all instructions of the City to Contractor(s); issue necessary interpretations and clarifications of the Contract Documents and Change Orders as required o Based on the Professional's on -site observations, recommend in writing payments to Contractor(s) ' o Conduct inspections to determine if each section of the Project is substantially complete and a final inspection to determine if the work has been completed in accordance with the Contract Documents o The Professional shall provide the services of qualified geotechnical engineers and laboratory technicians and facili- ties to observe the conditions encountered o The Professional shall furnish a Resident Project Representa- tive, assistants and other field staff, including geotechnical personnel, to assist the Professional in observing performance of the work o During the post -construction phase, the Professional shall revise the drawings to show changes o Assist the City in communications with contractors concerning corrections of defects o Conduct post -construction inspections for defects requiring correction The staff recommends that M&I, Inc. be retained to perform these services. ' Retaining the design firm to oversee bidding and construction is in accor- -381- ' August 2, 1983 dance with the CPM/CS and follows the recommendations of the City Attorney. The cost of the necessary engineering services, based on the estimated manpower needs, will be $112,000. Staff has reviewed the proposed costs and find them to be fair and competitive. The proposed contract is for cost plus expenses. Funding for construction of the Foothills Phase II improvements has been approved as a portion of the Capital Projects Program Budget. The total construction phase cost is estimated at $2,088,000. This amount includes the $112,000 engineering costs." Councilmember Horak made a motion, seconded by Councilmember Ohlson, to adopt Resolution 83-129. Councilmember Clarke expressed his concern about the bentonite at the site. Curt Miller, project manager, stated that the bentonite has been taken into consideration. The vote on Councilmember Clarke's motion to adopt Resolution 83-129 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Discussion of Appointment of Councilmember (Continue Mayor Knezovich asked for nominations for the Council vacancy. Councilmember Clarke, seconded by Councilmember Ohlson, nominated Ed Stoner. Councilmember Rutstein, seconded by Councilmember Horak, nominated Sharon Brown. Councilmember Clarke supported the nomination of Ed Stoner. Councilmember Rutstein reiterated her support for Sharon Brown. The Mayor requested a vote on the nominations, with the following results: Clarke - Stoner Elliott - Stoner Horak - Brown ' Knezovich Ohlson - Stoner Brown Rutstein Brown -382- August 2, 1983 Councilmember Elliott suggested opening the application process again and asked about the possibility of calling a special election. Councilmember Ohlson asked whether it would be possible to call a special election for this purpose. City Attorney Huisjen stated that the Charter provides for the Council to fill a vacancy by making an appointment within 30 days. There are no Charter provisions for calling a special election in this situation, but there may be provisions in the State statutes that would apply to at least statutory cities. The question would need to be researched. Council's consensus was to defer this item until the end of the agenda. City Attorney Huisjen introduced Kathy Allin, who has been hired as an Assistant City Attorney. Citizen Participation A. Proclamation for August 14-20 as "The Dog Days of awareness of the activities of the Humane Society. ust" to encoura The Proclamation was read by Mayor Knezovich and received by Dave Roberts, who represented the Humane Society. B. Proclamation declaring the month of August as "Colorado Multiple Sclerosis Awareness Month in Fort Collins. Mayor Knezovich read the Proclamation and presented it to Tina Tapply, who was present to represent the Multiple Sclerosis Society. C. Resolution Expressing gratitude and appreciation to Gary Cassell or his contributions to the community as Councilmember. Mayor Knezovich read the Resolution. Councilmember Horak made a motion, seconded by Councilmember Clarke to adopt the Resolution. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Council presented Mr. Cassell with a plaque in appreciation of his years of service as a Councilmember. -383- 1 August 2, 1983 D. Presentation of Award for Certificate of Conformance to Finance Department. Mayor Knezovich presented this award to Jim Harmon, Controller, in recognition of the City Accounting staff, which received a certificate of conformance from the Municipal Finance Officers Association for the 1981 Financial Report. Resolution Appointing Councilmembers to Various Committee Assignments Following is the staff's memorandum on this item: "Outgoing Councilmember Gary Cassell had been appointed in April to various committee assignments. With his resignation from the Council, it is necessary to designate Councilmembers to replace him in the vacant Commit- tee assignments. The Board of Ethics consists of three Councilmembers. Other Councilmembers who have been appointed to serve on this Board are Barbara Rutstein and John Clarke. Another Councilmember needs to be appointed to replace Gary Cassell on the Board. Three Councilmembers serve on the Finance Committee of the City Council. Councilmembers who currently serve on this Committee are John Knezovich and John Clarke. A Councilmember needs to be appointed to replace Gary Cassell on this Committee. Gary Cassell had been appointed to serve as an alternate on the Contem- porary Arts Study Committee. John Knezovich serves as the Committee member and Barbara Rutstein is one of the alternates to this committee. Another alternate needs to be appointed to replace Gary Cassell. Councilmember Cassell had also been appointed to serve as the Council liaison to the Golf Board and the Senior Citizens Board. New liaisons need to be selected for each of these Boards. Mayor Knezovich has elected to exercise his prerogative to serve as the City's representative on the Board of Directors of Platte River Power Authority to replace Gary Cassell. Council action to designate a Council representative to this Board is required only if the Mayor decides not to serve in this capacity. Bill Carnahan will continue to serve as an ap- pointed Director representing Fort Collins on this Board." ' Mayor Knezovich stated that he would be assuming a position on the Board of Directors of Platte River Power Authority to replace Gary Cassell. sm 1 August 2, 1983 The consensus of Council was to defer discussion of these committee assign- ments until after the appointment of a new Councilmember. Resolution Making an Appointment to the Fort Collins -Loveland Airport Authority Following is the staff's memorandum on this item: "In June, Council adopted Ordinance No. 74, 1983, creating the Fort Col- lins -Loveland Airport Authority for the purpose of operating and maintain- ing the Fort Collins -Loveland Airport. The Authority will be made up of three members appointed by the Fort Collins City Council and three members appointed by the Loveland City Council. At their July 5th meeting, Council, by motion, determined the composition of the Fort Collins representation on the Authority would consist of one Councilmember and two citizens at large. On July 19, Council appointed A.R. Chamberlain and Joseph E. Phillips as ' the two citizen representatives to the Authority. Council now needs to appoint the third member, a Councilmember, to fill the third position on the Authority. As provided for by State statute, the appointed members of the Authority will draw lots to determine which half of the members will serve for initial two-year terms and which half will serve for four-year terms. In the future, the staggered terms will run for four years." The consensus of Council was to postpone this appointment until later in the meeting. Resolutions Relating to the Exchange of Property with Joseph Roesser and the Amendment of the decision of the Planninq and Zoning Board Following is the staff's memorandum on this item: "A. Resolution Authorizing the Exchange of Real Estate Between the City and Joesph C. Roesser. B. Resolution Amending and Overruling the Decision of the Planning and I Zoning Board. -385- August 2, 1983 Joseph C. Roesser, Jr., has requested that an exchange of real estate between the City and himself be considered by the Council in a slightly different context than has been previously presented. Since the terms of the proposed exchange are somewhat different than the terms of the original proposal, it is appropriate for the Council to consider this matter as a new item and not as an amendment or reconsideration of either of the previous Roesser resolutions which the Council has passed. Since the Council is intimately familiar with the previous Roesser pro- posals and the land suggested to be exchanged, this summary will be very brief. Essentially, the lands sought to be exchanged are identical to that land which was originally proposed to be exchanged except that the acreages have, subsequent to the original resolution, been determined with greater precision. It is now known that the City lands constitute 20 usable acres plus 6 acres used as the county road (Centennial Road). The Roesser land consists of 23.8 acres. Also, since the adoption of the original resolution, agreement has been reached with regard to the location of the public access easement and the precise location of that access easement has been included in the resolu- tion. The original resolution also approved a land exchange which was contingent upon County approval of a Roesser subdivision upon the City property; and the proposal presently before the Council does not involve any such con- tingency. Also, during the course of the various discussions between Roesser and the City, Roesser at one time proposed that part of the trans- action involve a charitable contribution to the City, and the present proposal does not involve any such charitable contribution. Finally, the present proposal defines the "treeline" as that height five feet below the average elevation of the five highest trees on the ridge and within a distance of 20 feet on either side of any proposed structure, while the original proposal did not define the tree line as being below the elevation of the tree tops. In the event that the Council should approve the resolution authorizing the exchange of real estate between the City and Joseph C. Roesser, the follow- ing resolution amending and overruling the previous decision of the Plan- ning and Zoning Board may also be appropriate since the Planning and Zoning Board has imposed somewhat more stringent limitations upon development on the property. Particularly, the Planning and Zoning Board imposed the limitation that development not occur above the "ridge line" and that a 50 foot (rather than a 30 foot) landscape easement be maintained along the westerly side of the ridge line." Mayor Knezovich gave a summary of past actions on this land trade. August 2, 1983 ' City Attorney Huisjen summarized an alternate Resolution 83-133 which had been presented for Council's consideration. The new proposal is that the parcels will be exchanged for equal value; (2) the pond area will be owned by the City; (3) there will be restrictions on the deed, relating to erection of structures above the treeline or within 30 feet of the ridge - line, where there will be a landscape easement in perpetuity; (4) Roesser will provide a legal and monumented description of the parcel to be con- veyed to the City; (5) the exchange will not be completed until Roesser obtains final approval from the County to develop a subdivision on the property to be conveyed by the City; and (6) if the County's approval is not obtained before December 20, 1983, the exchange will be null and void. Councilmember Clarke made a motion, seconded by Councilmember Horak, to adopt the revised Resolution 83-133 as presented by the City Attorney. Councilmember Clarke explained the new proposal, under which the approxi- mate 4 acres of pond area would be kept in the City's ownership. The City will be receiving about 26 acres in exchange for about 18 acres to be conveyed to Joe Roesser. Councilmember Clarke described this as a compro- mise proposal. Joe Roesser presented a summary of the new proposal, stating that the 23.8 ' acres he currently owns on the east side of the ridgeline is valued at $14,000 to $17,000 per acre, based on development potential. The City property is valued at about $15,000 per acre. He stated that the property he currently owns is developable, and the City's acquisition of the prop- erty would eliminate the potential of building on the property east of the ridge. The City would be receiving more acres in the trade, and the new proposal would satisfy the neighborhood concerns about the pond area. He concluded by saying the property exchange would be in his best interest and in the best interest of the public. Councilmember Rutstein asked whether the County staff believes the current Roesser property is developable. Mr. Roesser replied that the County recommendation would be based on the City's recommendation. Councilmember Rutstein asked for assurances that if this proposal would be approved, new proposals will not be brought back. Councilmember Horak stated this new proposal was in response to Council concerns. Michael Hadwick, 3505 South Centennial Drive, spoke against the proposal, stating that this is an unnecessary trade because the property currently ' owned by Mr. Roesser has only one developable lot on the east side of the -387- August 2, 1983 ridgeline, which Roesser has agreed not to develop under the terms of an approved County exemption. Mr. Hadwick concluded by saying this land ex- change would be for private profit at the public's expense. Mayor Knezovich stated he has received encouragement from the public to prevent development on the eastern facing slope. Mr. Hadwick stated that other means should be explored to reach this objective. Councilmember Rutstein stated that the point appears to be that the County has dealt with this issue already under the exemption agreement. She supported working out a cohesive plan with the County and all parties involved. Ben Maximon, 3805 South Centennial Drive, commented on the lack of a plan or policy to obtain control of the ridge. Councilmember Horak stated he viewed this as a unique opportunity to t increase the open space along the ridgeline. Councilmember Clarke stated that significant property along the ridgeline is owned by the City, CSU, or the Bureau of Land Management, and there are few developable properties. ` City Manager Arnold commented that the Council has historically been interested in open space, as shown by the foothills policy (Pineridge property acquisition), the corridor policy, and the trails system project. The property negotiations with Joe Roesser are consistent with these policies and the City's effort to do as much as possible to acquire open space. Councilmember Clarke stated this is an opportunity to acquire open space without spending money. John Gascoyne, attorney representing homeowners in the area, stated the pond area compromise is not satisfactory to the area residents, who are concerned for the entire meadowland area. He supported obtaining formal appraisals and suggested this is not a good deal for the City. Jay Boyd Best, 3521 South Centennial Drive, spoke about the development proposed by Mr. Roesser. Ethel Smith, 1824 Yorktown, spoke in favor of preserving the open space on ' the east facing slope, stating the open space would be more useful than the property currently owned by the City. August 2, 1983 Tim Johnson, 2939 Brookwood Place, stated he was expressing the Sierra Club view that this is a bad exchange and the City should wait for the decision on what Mr. Roesser could do with the property he currently owns. Jim Martell, attorney representing Joe willing to remove the clause making approval of a subdivision. He stated how many lots could be developed. He has been obtained from Mr. Jungbluth changed are of equal value. This is this compromise proposal is reasonable. Councilmember Rutstein made a motion, table Resolution 83-133 to September with the County on the issue before Horak, Ohlson, and Rutstein. Nays: Knezovich. THE MOTION FAILED TO PASS. Roesser, stated his client would be the exchange contingent on County there is a difference of opinion on commented that a letter of appraisal stating that the parcels to be ex - a significant piece of property and seconded by Councilmember Ohlson, to 6, 1983 and to hold a work session that date. Yeas: Councilmembers Councilmembers Clarke, Elliott, and The vote on Councilmember Clarke's original motion to adopt the revised Resolution 83-133 was as follows: Yeas: Councilmembers Clarke, Elliott, and Knezovich. Nays: Councilmembers Horak, Ohlson, and Rutstein. THE MOTION FAILED TO PASS. Mayor Knezovich stated that Resolution 83-134 would therefore not need to be considered. City Manager's Report City Manager Arnold requested two Thursday. Sessions were scheduled August 4 at 7:00 p.m. each evening. budget work sessions on Wednesday and for Wednesday, August 3 and Thursday, City Manager Arnold pointed out that Sue Houseal of his office had prepared a Master Calendar. City Manager Arnold reported on the escalating bankruptcy situation of the FBO for the Airport. The Cities will provide services in the interim if necessary. Councilmembers' Reports Councilmember Elliott reported that he had been elected as the Chairman of the Poudre Fire Authority Board of Directors. am 1 August 2, 1983 Resolution Appointing Ed Stoner as District 4 Representative to City Council, Adopted Mayor Knezovich stated a new Councilmember needs to be appointed as soon as possible. He discussed the various options available to Council. Councilmember Rutstein asked about determining the selection by lot. Councilmember Ohlson suggested the possibility of appointing two persons to serve a split term. City Attorney Huisjen stated the Charter appears to require the vacancy to be filled by one person for the full remainder of the unexpired term. Councilmember Clarke supported exploring the possibility of a special election if Council can not reach a decision. Mayor Knezovich, seconded by Councilmember Clarke, nominated Barbara Schofield for the vacancy. Councilmember Ohlson suggested reopening the process community -wide. Councilmember Horak spoke in opposition to making an appointment based on "similar political philosophies with the outgoing Councilmember, and he opposed drafting someone from the community. Mayor Knezovich, seconded by Councilmember Clarke, withdrew the nomination of Barbara Schofield. Councilmember Horak, seconded by Councilmember Clarke, nominated Ed Stoner. Councilmember Horak stated he would request Council appoint Sharon Brown to the Planning and Zoning Board. Councilmember Clarke stated he would support appointing Sharon Brown to the Planning and Zoning Board. Councilmember Horak made a motion, seconded by Councilmember Clarke, to adopt Resolution 83-127 inserting the name of Ed Stoner. Yeas: Council - members Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. ' Councilmember Rutstein supported adopting new procedures for making such appointments, and suggested a policy statement concerning making appoint- ments based.on views similar to the outgoing Councilmember. -390- August 2, 1983 Councilmember Ohlson also supported setting out new procedures, and sug- gested discussion on treating appointments differently depending on the length of the unexpired term. Resolution Appointing Ed Stoner to the Airport Authority, Adopted Councilmember Horak made a motion, seconded by Councilmember Clarke, to adopt the Resolution inserting the name of Ed Stoner. Yeas: Councilmem- bers Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Resolution Making Committee Assignments Postponed to August 16, 1983 The consensus of Council was to defer making committee assignments until after Ed Stoner would be sworn in on August 16. ' Adjournment Councilmember Horak made a motion, seconded by Councilmember Clarke, to adjourn the meeting. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. The meeting adjourned at 10:25 p.m. ATTEST: -391-