HomeMy WebLinkAboutMINUTES-11/16/1982-RegularJ
November 16, 1982
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, November 16, 1982, 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, Reeves and
Wilmarth.
Absent:
Staff Members Present: Arnold, Krajicek, Huisjen, Denton, Lewis, Hays, C.
Smith, Waido, J. Davis.
Agenda Review: City Manager
City Manager John Arnold noted staff was requesting Item # 20, Resolutions
Transferring Fire Station Property to Poudre Fire Authority, be wit yawn
from the agen a unti it cou d be presentedat a wor session on December
14.
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.
4. Consider Appr
an Novem er
5. Second Readin
Elections.
ing the Minutes of the re
r meetings of October 19
of Ordinance No. 131, 1982, Relatinq to Municipal
A regular municipal election will be held on March 8, 1983. At that
time, three at -large Councilmembers will be elected to serve on the
City Council.
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7.
D
November 16, 1982
This ordinance which was unanimously adopted on First Reading on
October 19, adopts a new District -Precinct Map and also sets the
polling places for the 60 precincts. The Council District boundaries
remain the same on this map as they were for the 1981 Council District
election, since the 1983 election is for at -large Council seats.
Second Reading of Ordinance No. 132, 1982 Appropriating the federal
share of the Section 3 Amendment #1 and the Section 5 Grant in the
rnnital Drnynrte Fun
This Ordinance was unanimously adopted on First Reading on October 19
and appropriates monies relating to UMTA Section 3 and Section 5
Grants for Transfort.
Second Reading of Ordinance No. 134, 1982, Appropriating Money in the
EDA and Genera Fun s.
This Ordinance which was unanimously adopted on First Reading on
October 19 appropriates $7,259 in interest earnings in the EDA Fund
and transfers the total $15,200 EDA appropriation to the General Fund
for expenditure on Facilities projects in 1982.
Hearing and First Reading of Ordinance No. 141, 1982, Appropriatini
proceeds o the City s Bond Anticipation Notes, Series October 1
Ordinance No. 106, 1982, authorized the issuance of Bond Anticipation
Notes, Series October 1, 1982, in the amount of $3,300,000 for the
acquisition and construction of a public golf course.
The City Council needs to appropriate the Note proceeds in the "City
of Fort Collins, Colorado, Bond Anticipation Notes, Series October 1,
1982, Note Fund" to be known in the future as the Southridge Greens
Golf Course Sinking Fund. The title of the Fund is being changed to
provide a more descriptive name for reporting purposes. The Fund will
be categorized as a Trust Fund for reporting purposes.
1
fl
9. Hearing and First Reading of Ordinance No. 142, 1982 authorizing the
transfer of 5143,400 rom the Light and Power Fund to the Capita
Projects Fund for landscaping of Light and Power's Substation to e
incorporated in the Southside Service Center Project site improve-
ments.
Currently, the City is designing the site improvements for the Trans- ,
fort Facility and Light and Power has requested that the landscaping
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November 16, 1982
for the future Substation be incorporated with the overall site
improvements. In order to monitor the total Southside site improve-
ments project we need to appropriate Light and Power's Landscaping
costs in the Capital Projects Fund. The transfer of $143,400 from
Light and Power for the design and construction is available in the
Light and Power Fund.
10. Hearing and First Reading of Ordinance No. 143, 1982 Vacating a
Uti It
y Access Easement in the South Mesa Subdivision.
The applicants are requesting that the existing 10-foot utility
easement lying south of and adjacent to the north line of Lot 19,
South Mesa Subdivision be vacated. This easement is not currently
being used and there is no longer a demand for a 10-foot easement in
this location. This 10-foot easement will be replaced with a new
6-foot easement as part of the application for final planned unit
development for the Asamera PUD.
11. Hearing and First Reading of Ordinance No. 144, 1982, Designating the
Maxwe House at 2 0 West Mu erry as an Historic Lan mar .
In 1979, the Cultural Resources Board recommended historic designation
for the Maxwell House at the northwest corner of Impala and Mulberry
(2340 West Mulberry), and the property owners consented to the desig-
nation. A decision on that recommendation was postponed because the
construction of improvements in Street Improvement District No. 74
affected a stone wall on the south side of the property. The diffi-
culty was worked out during the right-of-way negotiations with the
property owner by moving the wall.
The Board is again recommending historic designation for the Maxwell
House. Anthony and Sharon Ferguson, the property owners, were in-
formed early in October of the new proposal. Their original consent to
designation is still in effect. The Board unanimously passed a motion
at its October 27th meeting to re -submit the recommendation to City
Council.
12. Resolution Authorizing the City Manager to Enter into an Agreement
with Larimer County or t e Provision ot Certain Parking Spaces on
Mountain Avenue and on Chestnut Street.
In an effort to mitigate the parking problem in the Old Town area,
Larimer County and the City of Fort Collins entered into an Inter-
governmental Agreement on August 18, 1981, whereby Larimer County
purchased 35 permit parking spaces on East Mountain Avenue in the
center median parking area and 10 permit parking spaces on the north-
west side of Chestnut Street (total of 45 spaces) at $5/space/month
' for a total cost of $2,700.00.
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November 16, 1982 '
The new contract with Larimer County for Parking Spaces is effective
from January 1, 1983, through December 31, 1983. The rate has been
increased to $6/space/ month for a total income of $3,240.00. The
Larimer County Commissioners have approved this rate increase.
13. Resolution Authorizing the City Manager to Enter into an Agreement
wit t e umane Society.
In 1982 the City of Fort Collins contracted with the Humane Society of
Larimer County to provide animal shelter care and animal control
enforcement as well.
The proposed 1983 contract is, essentially, a repeat of 1982. There
is, however, an increase of $3,000 to address increased operating
expenses for animal control including pay raises, vehicle operating
expenses and general inflation costs. The total annual payment to the
Humane Society is now,$97,100.
14. Routine Easement.
Legal staff and the
affected
departments have reviewed and approved
the following routine
easement
and
recommend approval:
Easement for the installation
the southeast corner
of Drake
and
and
maintenance of a traffic signal at
Taft Hill Road, granted by Patrick
'
M. and Florence C. O'Donnell.
The
easement is 300 square feet anais
being acquired for a
consideration
of $207.
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #5. Second Reading of Ordinance No. 131, 1982, Relating to Municipal
Elections.
Item #6. Second Reading of Ordinance No. 132 1982 Appropriating the
reoeral share of the
Section
3 Amendment #1 and the Section
Grant in the Capita
Projects Fund.
Item #7.
Second Reading of Ordinance No.
134, 1982, Appropriating Money in
t e EDA an Genera
Fun s.
Ordinances
on First Reading
were read
by title by Wanda Krajicek, City
Clerk.
Item #8.
Hearin and First
Reading of
Ordinance No. 141, 1982, A propri-
ating procee s o
the ,ty s
Bon nticipation Notes, eries
October 1, 1962.
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November 16, 1982
Item #9. Hearing and First Reading of Ordinance No. 142, 1982 authorizing
the transfer o 143,4 rom the Lig t an Power Fun to t e
Udplt.al Projects Fund tor landscaping of Light and Power's
.Substation to be incorporated in the Sout side Service Center
Project site improvements.
Item #10. Hearing and First Reading of Ordinance No. 143, 1982 Vacating a
Utility Access Easement in the South Mesa Subdivision.
Item #11. Hearing and First Reading of Ordinance No. 144, 1982, Designating
the Maxwe House at 3 West Mulberry as an Historic Lan mar .
Councilmember Reeves made a motion, seconded by Councilmember Elliott, to
adopt and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and
Wilmarth.
THE MOTION CARRIED.
Resolution and Ordinance Establishing Financing
and Awarding Contracts for Special Improvement
District No. 77 - Boardwalk and Landings Drive Adopted
Following is the staff's memorandum on this item:
"On November 9, these items were tabled to this meeting. At the September
Council meetings, the Council established Special Improvement District No.
77 to construct the street and utilities on Boardwalk Drive and Landings
Drive in the South College Properties area. In order to begin construction
the Council is requested to take the following actions in the order listed.
A. Hearing and Final Reading of Emergency Ordinance No. 135, 1982
Providing for Appropriation of Anticipated Proceeds from the Sale of
Bonds in the Capital Projects Fund.
B. Resolution Awarding the Construction Contract to Sterling Paving
Company, the Lowest Qualified Bidder.
SUMMARY OF COSTS
The summary of costs has been revised from the Engineer's estimate based on
the actual bid amounts.
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November 16, 1982
TOTAL CONSTRUCTION COSTS $593,607.10
OTHER PROJECT COSTS
a) Administration 5,000.00
b) Legal 15,000.00
c) Engineering (design & construction services) 123,230.00
d) Repay of ROW costs to Osprey and Petersen 86,560.00
e) Interest during construction 39,357.00
f) Collection and certification 10,196.00
$279,343.00
TOTAL PROJECT COSTS $872,950.10
CITY DIRECT COSTS
Water line oversizing $ 22,948.80
Engineering (from Street Oversizing Fund) 18,978.00
'CITY INDIRECT COSTS $ 41,926.80
Street Oversizing $ 91,777.00
TOTAL CITY COSTS $133,703.80
Appropriation of Anticipated Bond Proceeds
It is requested that the Appropriation Ordinance be heard as an Emergency
Ordinance due to approaching winter weather conditions and the subsequent
reduction of available construction time; and because an appropriation must
be in existence before the City may incur a liability for construction
costs. According to the City Charter, Council may appropriate funds based
on anticipated bond proceeds. Staff believes this request is justified due
to the potential added costs to the contractor or the district property
owners if early winter conditions delay the contract award. Staff has
received a letter of guarantee from Osprey adequately securing. the City's
liability to award the construction before final hearing on sale of bonds.
The amount to be appropriated will be based upon the lowest bid received
for construction.
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November 16, 1982
Award of Construction Contract
Bids for this work were received on October 15. Since this is an im-
provement district, the City Council must award the bid formally.
The total construction phase budget is $579,659. This amount is intended to
cover construction of the street improvements, storm drains, bridges,
railroad crossings and relocation of utilities.
The low bid for the construction work was $593,607.10 by Sterling Paving
Company, Inc. Although this exceeds the engineer's estimate, it is less
than the 5% increase allowed in the Code for Local Improvement Districts.
No errors or irregularities were found during the staff review of the low
bid, the staff recommends that the bid be awarded to the low bidder."
Councilmembers Cassell and Reeves asked the record to show they did not
participate in the discussion or vote on this item. Assistant Mayor
Knezovich chaired this portion of the meeting.
Councilmember Clarke made a motion, seconded by Councilmember Elliott, to
adopt the Ordinance No. 135, 1982 as an emergency ordinance.
City Engineer Tom flays summarized the project, noting it had been initiated
by the property owners. He added the property owners were still in support
of the district and that bids had been taken on the project. He asked the
appropriation ordinance be adopted as an emergency ordinance so work can
begin as soon as possible.
The vote on Councilmember Clarke's motion to adopt Ordinance No. 135, 1982,
as an emergency ordinance was as follows:
Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, and Wilmarth.
Nays: None. (Councilmembers Cassell and Reeves withdrawn).
THE MOTION CARRIED.
Councilmember Elliott made a motion, seconded by Councilmember Clarke, to
adopt the Resolution awarding the construction contract to Sterling Paving
Company.
City Engineer Hays stated 8 bids had been received on October 14 with the
low bid being from Sterling Paving for the sum of $593,607.10.
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November 16, 1982 '
The vote on Councilmember Elliott's motion to adopt the Resolution was as
follows:
Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, and Wilmarth.
Nays: None. (Councilmembers Cassell and Reeves withdrawn).
THE MOTION CARRIED.
Public Hearing and First Reading of Ordinance
Assessing Costs for Sidewalk Improvement District #8,
West Side of Shields Street from Bennett Road to Prospect Road
Following is the staff's memorandum on this item:
"On October 5, 1982 City Council accepted the improvements on Shields
Street and the report of, the project costs from the Directors of Public
Works and Finance. In addition Council set the date to receive comments
from the property owners being assessed for November 16."
Councilmember Elliott made a motion, seconded by Councilmember Knezovich,
to adopt Ordinance No. 145, 1982, on First Reading. '
City Engineer Hays explained that this was a City project to install
sidewalks along Shields from Prospect to Bennett Road. The City's cost for
the project was $56,955 and the assessed portion was $4,391 or $8.80 per
front foot.
The vote on Councilmember Elliott's motion to adopt the Ordinance was as
follows:
Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves,
and Wilmarth.
Nays: None.
THE MOTION CARRIED.
Ordinance Annexing Property Known as Harmony
No. 5 Annexation, Adopted on First Readinq
Following is staff's memorandum on this item:
"This is a request to annex 11.2-acres, located at the northeast corner of
the Hewlett-Packard site. Present zoning is FA-1, Farming. The sur-
rounding zoning and land uses are as follows: ,
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November 16, 1982
North: FA-1, Farming; existing residences;
South: FA-1, Farming; vacant;
East: FA-1, Farming; existing residences;
West: I-L „ Limited Industrial; Hewlett-Packard.
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:
a
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 quali-
fies for voluntary annexation pursuant to State law.
The Harmony #5 Annexation request is eligible for annexation since it meets
the contiguity requirement and is a voluntary annexation.
Staff Recommendation
Staff recommends approval of the Harmony #5 Annexation.
Planning and Zoning Board Recommendation
The Planning and Zoning Board recommends• approval of the Harmony #5 Annex-
ation on a vote of 7-0 (Case No. 69-82)."
Councilmember Reeves made a motion, seconded by Councilmember Elliott, to
adopt the Ordinance No. 146, 1982 on First Reading. Yeas: Councilmembers
Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays:
None.
THE MOTION CARRIED.
Ordinance Zoning Property Known as Harmony
No. 5 Annexation, Adopted as Amended on First Reading
I
Following is staff's memorandum on this item:
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November 16, 1982 '
"This is a request to zone 11.2-acres located at the northeast corner of
the Hewlett-Packard site. The applicant is requesting I-L, Limited Indus-
trial zoning. The site is presently zoned FA-1, Farming, in the County.
Discussion
Policy 60 of the Land Use Policies Plan states that:
Industrial uses should locate near transportation facilities that
offer the required access to the industry but will not be allowed
to create demands which exceed the capacity of the existing and
future transportation network of the City.
Policy 61 states that:
Industrial development should locate within the City or consis-
tent with the phasing plan for the Urban Growth Area, where the
proper sizing of facilities such as water, sewer and transpor-
tation has occurred or is planned.
The site would have access to Harmony Road via Hewlett-Packard. Utilities
are available to the site.
Limited Industrial zoning requires site plan review and approval by the '
Director of Planning and Development for all permitted uses.
Staff Recommendation
Staff recommends approval of the Harmony #5 I-L zoning request.
Planning and Zoning Board Recommendation
The Planning and Zoning Board recommends approval on a vote of 7-0 (Case
No. 69-82) of the Harmony #5 I-L zoning subject to the site being developed
as a PUD."
Councilmember Reeves made a motion, seconded by Councilmember Elliott, to
adopt the Ordinance No. 147, 1982 on First Reading.
Chief Planner Ken Waido explained the staff and the Planning and Zoning
Board were recommending approval of the applicant's request for I-L zoning
but the Planning and Zoning Board conditioned their approval subject to the
site being developed as a PUD. He added there was an administratively
approved site plan under the regulations of the I-L zone. Staff under-
stands no additional buildings will be placed on the 11.2 acre site and the
property will probably be used for expansion of parking facilities on the
site. Access would come from internal circulation on the H-P site.
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November 16, 1982
Councilmember Reeves made a motion, seconded by Councilmember Clarke, to
amend the Ordinance to include the condition that the I-L zoning be granted
subject to the site being developed as a PUD.
The vote on Councilmember Reeves original motion to adopt Ordinance No.
147, 1982, as amended by her second motion was as follows:
Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves,
and Wilmarth.
Nays: None.
THE MOTION CARRIED.
Ordinance Appropriating the additional $40,748 in
the UMTA Section 8 Grant Fund, Adopted on Second Reading
Following is the staff's memorandum on this item:
"This ordinance was adopted by a 6-1 vote on October 19 and appropriates
$40,748 in the UMTA Section 8 Grant Fund for Transfort related studies."
Councilmember Elliott made a motion, seconded by Councilmember Reeves, to
adopt Ordinance No. 133, 1982 on Second Reading.
Councilmember Knezovich expressed his opposition to taking federal monies
when the federal government has so little money to spend and the federal
deficit continues to grow.
The vote on Councilmember Elliott's motion to adopt Ordinance No. 133,
1982, on Second Reading was as follows:
Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Reeves, and Wil-
marth.
Nays: Councilmember Knezovich.
THE MOTION CARRIED.
Resolution Adopted Authorizing the Execution
of the Section 5 Operatinq Assistance Grant
Following is the staff's memorandum on this item:
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November 16, 1982
"In August 1982, TRANSFORT applied for a grant in the amount of $204,541
from Section 5 of the Urban Mass Transportation Act of 1964, as amended to
provide operating assistance for Calendar Year 1982. On September 28
notification of a grant award in the maximum amount of $157,325 was
received. This grant covers eligible transit operating expenses for the
period of January 1 through December 31, 1982 as defined below:
DESCRIPTION
AMOUNT
(1)
Total
Operating Expense per
$630,588
1982
Budget
(2)
Less
Ineligible Section 5 Expenses
175,087
(3)
Eligible
Transit Operating Expenses
455,502
(4)
Less
Revenues Not Includable as
140,850
Local
Share
(5) Net Project Cost 314,651
(6) Local Share 157,326
(7) UMTA Operating Assistance 157,325
A 50%-50% Federal/Local match is required on all Section 5 Operating
Grants. TRANSFORT's local share will be provided by the 1982 operating
budget and the general fund subsidy will be reduced by the amount of
assistance.
Staff recommends approval of this resolution."
Councilmember Elliott made a motion, seconded by Councilmember Clarke, to
adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott,
Horak, Reeves, and Wilmarth. Nays: Councilmember Knezovich.
THE MOTION CARRIED.
City Attorney's Report
City Attorney Huisjen stated a petition for referendum had been presented
to the City Clerk. The petition contained approximately 1;059 signatures
protesting the going into effect of Ordinance No. 113, 1982, providing for
the imposition of an additional 3/40 retail sales and use tax to be effec-
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November 16, 1982
tive December 1, 1982. He added the petition met the Charter requirements
for a referendum but had not yet been certified by the City Clerk. He
stated he hoped the signatures would be verified prior to the November 23
meeting. If the signatures are sufficient for a referendum,staff will
include an ordinance repealing Ordinance No. 113, 1982 and the alternative,
an ordinance calling for the submission of Ordinance No. 113, 1982, to the
voters at the next regular election on March 8, 1983.
City Manager's Report
City Manager Arnold stated staff had been reviewing the impact of the
sales tax referendum on the budget and would be making a presentation on a
contingency plan at the November 23 work session at 4:00 p.m.
He reviewed the schedule for the release and consideration of the Anheuser-
Busch agreement. He stated the document would be available to the public
for review on November 29 and would be considered by the Council on De-
cember 7th.
Citizen Participation
A. Proclamation Designating November 21-28, 1982 as "National Bible
Week" was forwarded to the appropriate persons.
The following persons spoke during the Citizen Participation portion of the
meeting:
I. Justus Wilkinson, P. O.-Box 140, supported "National Bible Week"
proclamation and opposed A-B plant.
2. Gloria Bockman, 3708 Post Road, LaPorte, opposed out of city residents
library user fees.
3. Ken Betchel, 10529 N. County Rd. 15, Waverly, opposed library users
fees.
4. Douglas Bockman, 1005 U.S. Hwy. 287 North, opposed library user fees.
5. Richard Brewster, 5504 W. County Road 52 E, Bellvue, opposed library
user fees.
6. Christine Jones, 1221 Remington, opposed library user fees.
7. Bruce Brown, 425 N. Whitcomb, opposed "National Bible Week" proclama-
tion and opposed A-B because it is water intensive.
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November 16, 1982 '
8. L. F. Banowetz, 12 Forest Hills Lane, suggested those opposed to
library user fees should contact County Commissioners for additional
funds.
9. Marty Thompson, 3709 Post Road, LaPorte, opposed library user fees.
Councilmember Horak stated he would like to have an opportunity to review
the material presented and further discuss the library issue at work
session.
Public Hearing and First Reading of Ordinance Assessing
Costs for Street Improvement District #74, West Mulberry
Street from Crestmore Place to 300' West of Tyler Avenue
Following is the staff's memorandum on this item:
"On October 5, 1982 City Council accepted the improvements on West Mulberry
and the report of project costs from the Directors of Public Works and
Finance. In addition Council set the date to receive comments from the
property owners being assessed for November 16. As a part of the Public
Works Director's report the Council approved a staff recommendation for the '
reduction of the assessment rate for loss of on -street parking. This
reduction in the assessment rate will lower the rate from $33.47 per front
foot to $29.12 per front foot. The reduction will neccessitate the trans-
fer of $35,862.81 from the Streets Minor Capital fund to the Improvement
District account."
Councilmember Knezovich made a motion, seconded by Councilmember Elliott,
to adopt Ordinance No. 148, 1982 on First Reading.
Mayor Cassell noted correspondence opposing the assessment had been re-
ceived from Mr. & Mrs. Jess W. Johnson and that a response had been drafted
to them.
Kathleen Baltz, 2416 W. Mulberry, objected to the assessment and asked for
a reduction in the assessments.
Bob Moore, 2305 W. Mulberry, stated he felt persons who live on major
arterials should not pay any more than those who live on residential
streets.
The vote on Councilmember Knezovich's motion to adopt Ordinance No. 148,
1982, on First Reading was as follows:
Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves,
and Wilmarth. I
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November 16, 1982
Nays: None.
THE MOTION CARRIED.
Ordinance Transferring $35,863 from Streets Minor Capital
to Street Improvement District #74, Adopted on First Reading
Following is the staff's memoradnum on this item:
"On October 5, 1982, City Council approved Resolution 82-130 accepting
improvements in Street Improvement District #74 ordering the notice of
assessments to be published and providing for parking credits. As outlined
in the October 5th Background Summary, the cost of the parking credits is
$35,863 and is available in Streets Minor Capital.
The attached Ordinance authorizes the transfer of $35,863 from Streets
Minor Capital to Street Improvement District #74. If these funds are not
transferred, the District #74 project will exceed authorized appropria-
tions.
NOTE: If any additional credits are given to the property owners, thereby
increasing the City's share of the costs, additional funds will need
to be transferred."
Councilmember Elliott made a motion, seconded by Councilmember Reeves, to
adopt Ordinance No. 149, 1982 on First Reading. Yeas: Councilmembers
Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays:
None.
THE MOTION CARRIED.
Ordinance Annexing Property Known as Carpenter/McAleer
Annexation, Adopted on First Reading
Following is the staff's memorandum on this item:
"This is a request to annex 101.6-acres, located at the northeast corner of
Lemay Avenue and Vine Drive. Present zoning is FA-1, Farming. The sur-
rounding zoning and land uses are as follows:
North
South
East
West
FA-1, Farming; vacant
R-L, I -Industrial; Anderson
residences)
R-1, Residential; vacant
Place Subdivision, (existing
R-L; R-L-P; Alta Vista Subdivision, (existing residences)
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November 16, 1982
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 annex-
ation criteria and policies for the Urban Growth Area have been estab-
lished:
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 annexation peti-
tion for undeveloped land which qualifies for voluntary annexa-
tion pursuant to State law.
Policy 40: The City should promote the utilization of existing '
vacant land in the northeast by offering incentives such as
utility and infrastructure provisions or revenue bonds and tax
increment financing.
Policy 41: The City should encourage residential development in
The northeast, particularly giving special consideration to the
undeveloped industrially zoned land in the area adjacent to the
existing residential neighborhoods.
Policy 42: The City shall promote the active annexation of areas
tome north and northeast when such annexations promote an
orderly development pattern.
The Carpenter/McAleer Annexation request is eligible for annexation since
it meets the contiguity requirement and is a voluntary annexation.
Staff Recommendation
Staff recommends approval of the Carpenter/McAleer Annexation.
Planning and Zoning Board Recommendation
The Planning and Zoning Board recommended approval of the Carpenter/
McAleer Annexation on a vote of 6-1 (Case No. 66-82)." '
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INovember 16, 1982
Councilmember Wilmarth asked the record to show he did not vote or par-
ticipate in the discussion on this item.
Councilmember Knezovich made a motion, seconded by Councilmember Reeves, to
adopt Ordinance No. 150, 1982 on First Reading.
L. F. "Yank" Banowetz, 12 Forest Hills Lane, asked that this annexation and
zoning be tabled until December since at the Planning and Zoning meeting
the opinion had been expressed that the matter would not come before
Council until December. He noted his group would like more time to prepare
adequately on the issue.
Don Parsons, representing the applicant, noted his client would prefer to
proceed with the development as soon as possible and that a month would
make a difference in terms of developing the project. He requested the
item be considered at this meeting.
Delores Williams, 1520 Hillside Drive, questioned the zoning of the pro-
perty because of its proximity to the airport, the proposed Lemay bypass
and the Fort Collins expressway.
Director of Planning and Development Curt Smith noted there were two
questions before Council - the annexation and the zoning. He noted state
statute required a property be zoned within 90 days of its annexation and
suggested Council might want to consider going ahead with the annexation
and consider the zoning at such time the neighborhood residents have been
given time to prepare their arguments. This would give the petitioner
the indication the property would be annexed and still address the concerns
of the residents. He added that one of the U.G.A. stipulations is that
this property should be annexed when eligible if the U.G.A. agreement is to
be upheld.
The vote on Councilmember Knezovich's motion to adopt Ordinance No. 150,
1982, on First Reading was as follows:
Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich and
Reeves.
Nays: None (Councilmember Wilmarth withdrawn).
THE MOTION CARRIED.
Ordinance Zoning Property Known as Carpenter/McAleer
—_ Annexation, Tabled to December 21
I
Following is the staff's memorandum on this item:
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November 16, 1982
"This is a request to zone 101.6-acres located at the northeast corner of '
Lemay Avenue and Vine Drive. The applicant is requesting M-M, Medium
Density Mobile Home zoning. The area is presently zoned FA-1, Farming in
the County.
Discussion
Policy 80 of the Land Use Policies Plan states that higher density resi-
dential uses shouldlocate:
a. Near the core area, regional/community shopping centers, CSU main
campus, or the hospital;
b. Within close proximity to community or neighborhood park facili-
ties;
c. Where water and sewer facilities can be adequately provided;
d. Within easy access to major employment centers;
e. With access to public transportation; and
f. In areas with provisions for alternative modes of transportation.
The site is within one -mile of downtown, Buckingham Park, and the Fort I
Collins Business Center/Community Airpark employment center. Utilities are
existing in the area. Transfort service is available at the corner of
Lemay and Vine Drive.
The M-M district permits any use in the R-M, Medium Density Residential
District (ie., single-family, multiple -family), as well as mobile home
parks.
There are several constraints that will impact any future development of
this site. The Lemay Avenue and Fort Collins expressway locations would
bisect the site. The Dry Creek Floodway also impacts the site. Therefore,
future development of the site might best be accommmodated through the
Planned Unit Development review process.
Staff Recommendation
Staff recommends approval of the Carpenter/McAleer M-M zoning subject to
the site being developed as a PUD.
Planning and Zoning Board Recommendation
The Planning and Zoning Board recommended denial of the M-M zoning on a 5-2
vote. The Board's recommendation for R-L-P zoning was approved on a 6-1
vote."
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November 16, 1982
Councilmember Clarke made a motion, seconded by Councilmember Knezovich, to
adopt Ordinance No. 151, 1982 on First Reading.
Councilmember Knezovich made a motion, seconded by Councilmember Horak, to
table Ordinance No. 151, 1982 until December 21. Yeas: Councilmembers
Cassell, Clarke, Elliott, Horak, Knezovich and Reeves. Nays: None (Wil-
marth withdrawn).
THE MOTION CARRIED.
Other Business
Councilmember Wilmarth read in full a Resolution he had drafted calling for
the resignation of Councilmember Reeves on December 1, 1982, rather than
January 1, 1983. He stated the purpose of the Resolution was to give
Councilmember Reeves an idea of other Councilmember's feelings on the
issue.
Councilmember Wilmarth made a motion, seconded by Councilmember Clarke to
adopt Resolution 82-163 as previously read.
Councilmember Knezovich asked if this matter could legally be discussed in
an Executive Session.
City Attorney Huisjen concluded it would be proper to do so.
Councilmember Knezovich made a motion to adjourn into Executive Session
to discuss legal and personnel matters.
The motion died for lack of a second.
Councilmember Wilmarth stressed the Resolution was advisory in nature and
not in the form of any mandatory action. Councilmember Reeves could still
do as she pleased.
Councilmember Reeves stated she felt that during her campaign she had not
acted in a partisan way in terms of Council business and that she did not
intend to act in such a way from now until she becomes a member of the
legislature in January. She added she had considered resigning earlier but
would like to do it in a timely fashion because of the large number of
items coming up including the A-B agreement. She stated she would resign
the end of December rather than the beginning.
Councilmember Horak asked the City Attorney if the Charter contained a
' definition of non -partisan.
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November 16, 1982
City Attorney Huisjen replied there was not. He noted the Charter con-
tained a provision under "Acceptance of Nomination", whereby Councilmembers
swear they will not directly or indirectly be a candidate of any political
party. This is the only reference to political activities contained in the
Charter.
Councilmember Horak stated he did not see any prohibition against someone
who has been elected but has not officially taken office, continuing as a
Councilmember.
Mayor Cassell stated this was not an attempt to censor Councilmember
Reeves but to expedite the appointment of a replacement who could effec-
tively serve the amount of time prior to the March 8 election.
John Straayer, 944 Pioneer, stated he found the timing of this Resolution
and the intensity of concern with regard to partisan/non-partisan very
curious. He added he felt it would be more appropriate to adopt a Resolu-
tion congratulating Councilmember Reeves on her victory and thanking her
for her years of public service.
The vote on Councilmember Wilmarth's motion to adopt Resolution 82-163 was
as follows:
Yeas: Councilmembers Clarke, Knezovich, Cassell and Wilmarth.
Nays: Councilmembers Horak, Elliott and Reeves.
THE MOTION CARRIED.
Councilmember Knezovich asked the City Attorney to investigate the possi-
bility of Council interviewing candidates for Councilmember Reeves' seat
prior to the actual date of her resignation. He felt this might speed the
transition.
Adjournment
Councilmember Knezovich made a motion, seconded by Councilmember Wilmarth,
to adjourn the meeting to 5:30 p.m. on November 23. Yeas: Councilmembers
Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays:
None.
THE MOTION CARRIED.
The meeting adjourned at 9:40 p.m.
Mayor
ATTEST:
YYI.X
City C er
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