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HomeMy WebLinkAboutMINUTES-02/17/1981-Regular, February 17, 1981 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, February 17, 1981, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Absent: None. Staff Members Present: Arnold, Liley, Lanspery, Krajicek, Lewis, Mabry, Ruggiero. Agenda Review: City Manager City Manager John Arnold asked that Item #28, Ratify Actions on Airport, be withdrawn from the Consent Calendar. Councilman Wilmarth asked that Item #25, Resolution Establishing a Policy for the Acquisition of Property for City and County Governmental Purposes, e removed from the Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. 4. Consider Approving the Minutes of the Regular Meeting of February 3, 1981. 5. Second Reading of Ordinance No. 15, 1981, Appropriating Prior Year Reserves in the Seven Year_C_aP_-1_ta`T__Fu_ncT. This Ordinance was unanimously adopted on First Reading on February 3rd and appropriates $28,823 in the Seven Year Capital Fund for transfer to the Transfort Fund. 49 h February 17, 1981 6. Second Reading of Ordinance No. 16, 1981, Appropriating Unanticipated Revenues in the Transfort Fund. This Ordinance was unanimously adopted on First Reading on February 3rd and appropriates $72,443 in grant monies and $28,823 in City matching funds for a total appropriation of $101,266 in the Transfort Fund. 7. Second Readi Revenues in t of Ordinance No. 17. 1981 iating Unanticipated un . This Ordinance was unanimously adopted on First Reading on February 3rd and appropriates the $59,685 in the Community Development Block Grant Fund for the purpose of providing additional housing rehabilita- tion loans. 8. Second Reading of Ordinance No. 18, 1981, Authorizing Application to the Northern Colorado Water Conservancy District for a Permanent Allotment Contract for 598 Acre Feet of Water. This Ordinance was unanimously adopted on First Reading on February ' s 3rd and authorizes the City to apply for a permanent allotment con- tract for 598 units of NCWCD water which the City currently owns under temporary use permits. 9. Second Reading of Ordinance No. 19, 1981, Being an Ordinance Amending the 1979 Edition of the Uniform Building Code as it Relates to the uuiiaing uoara of Hppeais. This Ordinance was unanimously adopted on First Reading on February 3rd and contains amendments to the 1979 Edition of the Uniform Build- ing Code insofar as it relates to a Building Board of Appeals. It is the intent of this ordinance to adopt comprehensive provisions to govern the Building Board of Appeals while at the same time making such comprehensive provisions consistent with the 1979 Edition of the Uniform Building Code. 10. Second Reading of Ordinance No. 20, 1981, To Exclude Platte River Power Authority From the Requirements of Art. 1, Chapter V, o t e Code equirinq the Grantinq of a Franchise. This Ordinance was unanimously adopted on First Reading on February 3rd. Its purpose is to clarify.the City's intention that Platte River Power Authority be included in the definition of "City Electric , 50 rM February 17, 1981 Utility" and not be required to obtain a franchise for the operation and maintenance of transmission lines necessary for the supplying of electricity to Fort Collins and the other member cities. Platte River Power Authority would, of course, be subject to all rules and regula- tions of the City pertaining to the operation, construction and maintenance of such transmission lines. 11. Second Reading of Ordinance No. 21, 1981, Amending Article IX of the Code of the City of Fort Collins Kelating to Firemen's and Policemen's Pension Funds. This Ordinance was unanimously adopted on First Reading on February 3rd and increases the employees' contribution from 7-112% to 8% and the City contribution rate for Police and Fire pension plans to 18.15% and 22.11%, respectively. This is consistent with the current State pension plan and Poudre Valley Fire District rates. 12. Ordinances Relating to the Regulation of Group Homes. ' A. Second Reading of Ordinance No. 13, 1981, Amending the Zoning Ordinance Relating to Group Homes. B. Second Reading of Ordinance No. 22, 1981, Amending Chapter 2 of the City Code Relating to Planning and Zoning Board Authority on the Special Review of Group Homes. These two Ordinances were adopted on First Reading on February 3rd by a 5-1 vote. The first addresses the location of group homes in the City and the second delegates the decision making authority for the special review of group homes to the Planning and Zoning Board. 13. Second Reading of Ordinance No. 23, 1981; Calling for a General City Election to be held April 7, 1981. This Ordinance was adopted as amended on First Reading on February 3rd and calls for a general city election to be held April 7, 1981 and includes all charter amendments as they will appear on the ballot. 14. Hearing and First Reading of Ordinance No. 24, 1981 Annexing Property Known as Village Grove. This is a request to annex 55 acres known as the Village Grove Annexa- tion. The property is generally located east of U.S. 287 and north of ' County Road 34. 51 . 15. Hearing and First Readir Known as KVillage brove Ann February 17, 1981 ' of Ordinance No. 25, 1981 Zoni on. This is a request to zone the property known as the Village Grove Annexation. Applicants are requesting zoning the 55 acres R-L-P, Low Density Planned Residential. 16. Hearing and First Reading of Ordinance No. 26, 1981, Rezoni This is a staff initiated rezoning to bring the zoning of the subject property into conformance with what has actually developed on the property. The rezoning would eliminate the "non -conforming" status of the property. 17. Hearing and First Reading of Ordinance No. 27, 1981, Vacating Ease - men s in Parkwood East,Second i inq. This is a request for vacation of a utility easement located on the east 10 feet of Lots 156, 157, and 158 of Parkwood East and the west 10 feet of Tract B, Parkwood East Second Filing. 18. Hearing and First Reading of Ordinance No. 28, 1981, Vacating Ease- ' ments in wagon Wheeli ing No. 1. This is a request for vacation of easements in Wagon Wheel. First Filing. Originally these easements were dedicated on the recorded plat as easements for use and enjoyment and granted to the adjacent" owner. After some consideration the applicant has determined this approach is undesirable and unnecessary and is requesting the vaca- tion. The staff and the concerned public utility agencies have reviewed the request and are requesting approval. 19. Hearing and First Reading of Ordinance No. 29,_ 1981, Pertaining to the Composition of the Landmark Preservation Commission. The Ordinance that provided for the composition of the Landmark Preservation Commission did not provide for the appointment of an alternate member. This Ordinance amends the Code to provide for that alternate member. 20. Hearing and First Reading of Ordinance No. 30, 1981, Amending the Code Re acing to Assessment of Costs for emoval of 4leeds, Brush and u is . This housekeeping Ordinance authorizes the Director of Public Works to certify the costs for weed, brush and rubbish abatement directly to , 52 ' February 17, 1981 the Finance Director and the Finance Director to certify any delin- quent assessments to the County Treasurer. This brings the Code provisions on this type of assessment into conformity with actual practice, since the Finance Department handles all billings and assessments for improvements. 21. Hearing and First Reading of Ordinance No. 31, 1981, Appropriating Unanticipate Revenues in t e Golf un . On January 26, 1981, the City entered into a contract with Medema Homes, Inc., for the planting of trees along the south side of the number 6 golf fairway at Collindale. This area of the golf course abuts and is adjacent to Golden Meadows Filing No. 3, a Medema Homes residential development. 22. Resolution Initiating Annexation Proceedings for the Vine -LaPorte -Taft nnexation. This is a request for City Council to adopt a Resolution setting April 21 as the date for a public hearing to consider the Vine -LaPorte -Taft Annexation. ' 23. Resolution Initiating_ Annexation Proceedings for Arbor Commercial Annexation. This is a request for City Council to adopt a Resolution setting April 21 as the date for a public hearing to consider the Arbor Commercial Annexation. 24. Resolution Establishing Administrative Procedures for the Renewal of iguor 1censes. The City Code currently states that the Local Liquor Licensing Autho- rity may hold hearings on applications for renewals. It is the feeling of the Local Liquor Licensing Authority that an administrative procedure allowing the City Clerk to renew licenses, provided no violations have been found during the preceding term, will help to better expedite the process of renewing .licenses. The Autho- rity will still have the power to cause a hearing to be held on any renewal they deem necessary. 25. Resolution Establishing a Policy for the Acquisition of Property for City and County Governmental Purposes. This Resolution establishes a policy for land acquisition in the block ' bounded by Mountain, LaPorte, Howes and Mason to be used for joint City -County facilities. 53 26. Amendment of a Non-Conforminq Use - 2105 S. Shields Street. This is a request to amend an existing non -conforming use located at 2105 South Shields Street, zoned R-P, Planned Residential. The P existing structure presently has 1,124 square feet used as retail space (which is the non -conforming use) and 2,295 square feet in residential use. The applicant proposes to change the use of the entire area of the structure, 3,419 square feet, to professional office space. 27. Routine Deeds and Easements. A) Revised agreement with Empire Grange relating to Mulberry Street Improvement District #7 w i� cranges the transaction from fee simple to a permanent easement. The total amount paid to Empire Grange remains the same as originally approved ($150.00). 8) Revised agreement with William and Natalie Fredman relating to Mulberry Street Improvement District , or t e acquisition of a sidewalk easement to an additional 206.10 square feet that is ' needed to go around the 36" diameter tree on this property. This permanent easement is being acquired for an additional $155.00. 28. Ratify Actions on Airport. The City Council met with the Loveland City Council on February loth in Loveland and decided a number of issues concerning the -Airport. This action would make a formal record and ratify the actions made in that Work Session. Ordinances on Second Reading were read by title by City Clerk, Wanda Krajicek. Item #5. Second Reading of Ordinance No. 15, 1981, Appropriating Prior Year Reserves in the even Year Capitaund. Item #6. Second Reading of Ordinance No. 16, 1981, Appropriating Unanti- cipated Revenues in the Transfort Fund. Item V . Second Readin cioat—T ed--Reven of Ordinance No. 17, 1981 iating Unanti- c rant un . Item #8. Second Reading of Ordinance No. 18,..1981., Authorizing. Application to the NorthernColorado Water Conservancy District or a erm- anent Allotment Contract for 598 Acre eet of Water. 54. Item #9. Second Reading of Ordinance No. 19, 1981, Being an Ordinance Amending the 1979 Edition of the Uniform ui ing o e as it Relates to the Building Board of Appeals. Item #10. Second Reading of Ordinance No. 20, 1981, To Exclude Platte River ower ut orityFrom the Kequirements of Art. 1, Chapter 48, o the Code Requiring the Grantinq of a Franchise. Item #11. Second Reading of Ordinance No. 21, 1981, Amending Article IX of t o o e o t o ity of Fort Collins Relating to Firemen's an o icemen s ension un s. Item #12. Ordinances Relating to the Regulation of Group Homes. A. Second Reading of Ordinance No. 13, 1981, Amending the Zoning Ordinance Relating to Group Homes. B. Second Reading of Ordinance No. 22, 1981, Amending Chapter 2 of the City Code Relating to Planning and Zoning Board ' Authority on the Special Review of Group Homes. Item #13. Second Reading of Ordinance No. 23, 1981, Calling for a General ity ec ion to eheld April Ordinances on First Reading were read by title by City Clerk, Wanda Kra- jicek. Item #14. Hearing and First Reading of Ordinance No. 24, 1981, Annexing Property Known as Village Grove. Item #15. Hearing and First Reading of Ordinance No. 25, 1981, Zoning . Property Known as Village Grove nnexation. Item #16. Hearing and First Reading of Ordinance No. 26, 1981, Rezoning Property Known as City Park and Plaza. Item #17. Hearing and First Reading of Ordinance No. 27, 1981, Vacating Easements in--P-arkwood East, Second Filing. - Item #18. Hearing and' First Reading of Ordinance No. 28, 1981, Vacating Easements in Wagon ee i ing o. Item #19. Hearing and First Reading of Ordinance No. 29, 1981, Pertaining. ' to the omposition o t e aark Preservation Commission. 55 Item #20. Hearinp and First Readin of Ordinance No. 30, 1981Amendin the Code Relating to ssessment o oats or emova o, ee s, rus and Rubbish. Item #21. Hearing and First Reading of Ordinance No. 31, 1981, Appropriat- ing 0 anticipate evenues in tie o un . Councilman Bowling made a motion, seconded by Councilman Wilkinson, to approve all items not removed from Consent. Yeas: Councilmembers Bowl- ing, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Establishing a Policy For the Acquisition of Property for City and County Governmental Purposes, Adopted ' Following is the City Manager's memorandum on this item: "Council considered in work session February 10, 1981 two optional ap- proaches to purchasing the land between Mountain and Laporte Avenues for future City/County facilities. Schedules I and II describe those options. Council requested additional information regarding the "present value" of the long-term purchase plan option. Schedules III and IV present that additional information. Based upon that information, staff recommends that Council adopt this resolution which gives staff the following direction: 1. The City commits, after County concurrence, to purchase and/or to control all properties in the Mountain, Howes, Laporte, Mason block. 2. Purchase and/or control of all parcels should commence immediately and be financed over the longest practical term. 3. All costs will be shared equally by the City and the County. 4. The staff will request from the County consideration of a similar resolution." Councilman Wilmarth expressed concern regarding paragraph 3 of, the agree ment He asked if the word "all" preceding the word."properties" might be deleted as.some of the properties may prove to be too expensive. ., i ... 56 Councilman Wilmarth made a motion, seconded by Councilman Kross, to amend paragraph 3 of the agreement by deleting both "alls" from the paragraph. Yeas: Councilmembers Kross and Wilmarth. Nays: Councilmembers Bowling, Gray, Reeves, St. Croix and Wilkinson. THE MOTION FAILED. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to adopt the Resolution as presented. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, and Wilkinson. Nays: Councilman Wilmarth. THE MOTION CARRIED. Ratify Actions on Airport, Discussed and Ratified Following is the City Manager's memorandum on this item: ' "The City Council met with the Loveland City Council on February loth in Loveland and decided a number of issues concerning the Airport. This action would make a formal record and ratify the actions made in that Work Session. These actions are: (1) Offer to the Foothills Bank a buyout figure of $300,000 contingent upon Mr. Gene Greenwalt or Airwest Helicopters, Inc. purchasing that interest from the cities. (2) Authorize actions to continue providing $2 million worth of improvements to the Airport if bonds can be sold tied to the land and the gross receipts of the Airport. (3) Continue to work with Mr. Greenwalt or Airwest Heli- copters, Inc. concerning a contract for fixed base operator services; staff of the two cities and the attorney for Mr. Greenwalt will meet and draw the contract for review by the Ad Hoc Committee before it would come for adoption to the City Council. Staff would also continue to work on the overall financing plan of the ' Airport, including talking to financial advisors and banks." 57 February 17, 1981 , City Manager John Arnold pointed out that according to recent conversations with the F.A.A., the financing will not be tied to the land as had first been thought. Another way of financing will have to be found. City Attorney Liley distributed a copy of a letter to Foothills Bank communicating the position of the two cities after the last joint meeting of the two Councils with regard to the purchase of the fixed base operation facilities. Councilwoman Reeves made a motion, seconded by Councilman Bowling, to ratify the actions taken at the joint meeting and described in the City Manager's memo. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Approved Appointing Dennis Sinnett as an Alternate Member to the Building Board of Appeals _ Following is the City Manager's memorandum on this item: "Applications received for membership on the Building Board of Appeals are attached for Council review. This Resolution appoints an alternate member to replace Mike Keleher who has resigned from alternate membership on the Building Board of Appeals." Councilman Wilkinson suggested that Dennis Sinnett be appointed alternate to the Board. Councilman Wilkinson made a motion, seconded by Councilman Bowling, to adopt the Resolution inserting the name of Dennis Sinnett. Yeas: Council - members Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Report on Validity and Sufficiency of the Citizen Initiated Charter Amendment Petition City Clerk Wanda Krajicek reported that the citizens petition submitted relating to a proposed Charter amendment on campaign contribution limits had been determined to be legally sufficient as -it contained the required: 1812 signatures of qualified electors. 5&- - February 17, 1981 City Attorney Liley addressed the issue of qualified vs. registered elec- tors as it pertains to petition signatures. She noted that as a result of recent Constitutional Amendment 1, only registered electors are authorized to sign initiative and referendum petitions. For Charter amendments, however, qualified electors would be required. since the November amendment amended Article V of the Constitution which only deals with amending the State Constitution and initiating State legislation. It did not amend Article XX which deals with a procedure for amending a home rule Charter and only requires the signatures of qualified electors. Councilman Kross expressed surprise that the proposed amendment included candidates in the contribution limit and asked how that would affect self -financed campaigns. City Attorney Liley noted that the Ordinance passed by the Council set the limit on the total expenditure allowed in any campaign and this amendment would limit individual contribution levels. The matter of a self -financed campaign has not been investigated and will have to be addressed when the issue comes up as Council does not have any discretion with regard to this Charter amendment. It must go on the ballot as submitted. Ordinance Adopted as Amended on First Reading Submitting the Question of a General Obligation Bond Issue for Community Park Purposes to the Voters at the General Election to be held April 7. 1981 Following is the City Manager's memorandum on this item: "This Ordinance would place the $5,065,000 General Obligation Bond issue for community parks on the April 7th ballot. Council discussed this item at the February loth work session and agreed to put the question on the ballot, but with a statement that the operation and maintenance costs for the development of community parks will result in increased taxes. This Ordinance, including the proposed ballot language, incorporates the reference to operating and maintenance costs as well as suggested changes from bond counsel." Charles Mayhugh, Parks and Recreation Board Chairman, spoke about the last sentence of the ballot language, asking that the sentence be deleted. 59 Several Councilmembers indicated that they felt the sentence should remain so that the voters are aware of the operation and maintenance costs and that the costs will increase taxes. Councilwoman Reeves made a motion, seconded by Councilman Kross to amend the last sentence of the ballot language by changing the word "will" to "may". Yeas: Councilmembers Kross, Reeves, and Gray. Nays: Council - members Bowling, St. Croix, Wilkinson, and Wilmarth. THE MOTION FAILED. City Attorney Liley noted that one further amendment needed to be made. She asked that the word "acquiring" be added before the word "developing" throughout the Ordinance wherever appropriate. Councilman Bowling made a motion, seconded by Councilwoman Reeves, to amend the Ordinance as stated by the City Attorney. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. ' THE MOTION CARRIED. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 32, 1981, as amended, on First Reading. Yeas: Coun- cilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wil- marth. Nays: None. THE MOTION CARRIED. City Attorney's Report City Attorney Liley reported that a request for arbitration of claims which have been made by the general contractor, Green Construction Company on the Joe Wright Reservoir contract, has been received. City Manager's Report " City Manager John Arnold called Council's attention to an article written by Mayor Gray appearing in the American Public Works magazine. He further noted that -the CDBG program budget -had been reduced from: $821,000 to $802,000 or 2 1/2% as a result of President Reagan's cuts. 60 . February 17, 1981 He announced that Gene Mitchell's proposal to ask the Council for IDRB's for his hotel/convention center called the University Plaza Inn would be presented and discussed at the March 10 work session. Councilmembers' Reports Councilman Bowling reported that the Executive Committee of the CML met and that he had tendered his resignation. He suggested that the name of Verna Lewis, Assistant City Manager, be placed in nomination to fill his vacancy. A letter signed by all seven Councilmembers will be sent to CML submitting the name of Verna Lewis. Assistant City Manager Verna Lewis gave a report on the CML Policy Commit- tee meeting. She described upcoming legislation that is of municipal interest. Citizen Participation Esther Oakes Wilkinson expressed her concern about the proposed removal of a tree from her property. She asked the City to take another look at the ' tree and also expressed concern over the way notification was handled and the whole procedure. She also spoke about open trash burning, noting that wood stoves and fireplaces also cause air pollution. Mayor Gray noted that Councilman Wilkinson had asked for a report on the matter of the wood stoves and fireplaces and it should be coming to Council soon. A proclamation naming the week of February 23rd as "National Heritage Week" was read and presented to Denny Farnsworth, President of Fort Collins Sertoma Club. He presented the City with a plaque marking National Heri- tage Week and asked that it be displayed prominently. Council then presented certificates of appreciation to those persons who volunteered their time to work on the City's Utility Rebate Program. City Clerk Wanda Krajicek then read a Resolution honoring former Congress- man Jim Johnson for his years in the U.S. House of Representatives and proclaiming February 21, 1981 as "Jim Johnson Day". Councilman Bowling made a motion, seconded by Councilman Wilkinson, to adopt.the Resolution as read. Yeas:. Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. ' THE MOTION CARRIED. 61 February 17, 1981 Ordinance Adopted as Amended on First Reading Changing the Planned Unit Development Ordinance to Implement the Land Development Guidance System Following is the City Manager's memorandum on this item: "This Ordinance replaces the existing Planned Unit Development Ordinance with the Land Use Guidance System. The Guidance System was discussed with the City Council at their January 13, 1981 Work Session with the Planning and Zoning Board. The staff has held numerous public information meetings presenting the Guidance System to various groups. The Planning and Zoning Board has held two public hearings soliciting input on the Guidance System. Pursuant to Article 2 Section 7 of the Charter this entire Ordinance will not be published prior to Second Reading. The title of the Ordinance with a brief summary will be published and copies of the full Ordinance will be available on request. Recommendation: Staff recommends approval of the Land Development Guidance System. ' The Planning and Zoning Board at their December 22, 1980 meeting unani- mously recommended approval of the Land Development Guidance System." Councilman Kross brought up several of his concerns with regard to the system. Among his concerns were the systems apparent failure to address commercial development and its focus on residential development. He also questioned the number of points assigned to policies related to fire prevention and overall fire related activities. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to amend the Ordinance to include a one-year review provision. Yeas: Coun- cilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wil- marth. Nays: None. THE MOTION CARRIED. Councilman Bowling made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 33, 1981, as amended on First Reading. Yeas: Coun- cilmembers Bowling, Gray,. Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: Councilmember Kross. THE MOTION CARRIED. REA February 17, 1981 Ordinance Adopted on First Reading Amending the Zoning Code of the City of Fort Collins to be Consistent with the Land Development Guidance System Following is the City Manager's memorandum on this item: "This ordinance makes the necessary changes to the various sections of the Zoning Ordinance to Abe consistent with the Land Development Guidance System. All uses allowed by right in each zoning district have been retained. Recommendation: Staff recommends approval of this Ordinance." Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 34, 1981, on First Reading. Yeas: Councilmembers ' Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: Council- man Kross. THE MOTION CARRIED. The meeting adjourned at 8:20 ATTEST: City Clerk 63