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HomeMy WebLinkAboutMINUTES-10/17/1978-Regular' October 17, 1978 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 meld on Tuesday, October 17, 1978 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, Cray, St. Croix, Suinn and Wilkinson. Absent: Councilmembers Bloom and Russell. Staff Members Present: Sanfilippo, Deibel, Bingman, Harmon, Liley, Wood, Lee, Deagle, Mabry, Hays and Krajicek. Mayor Suinn immediately adjourned the meeting until 6:00 p.m. to allow the General Improvement District Board to convene. Prior to reconvening the Council meeting, Council heard the following report. Report From City Council_ on Committees Councilman Bowling reported that the special committee of the air quality committee of the Colorado Municipal League will hold a special meeting tomorrow, October 18, 1978. At 600 p,m, the meeting reconvened. Councilman Wilkinson made a motion, seconded Councilman Bowling to approve the minutes of the regular meeting of October 3 and adjourned meeting of October 10. Yeas: Councilmembers Bowling, Camay, St, Croix, Suinn and Wilkinson. Naya: None, THE MOTION CARRIED. -65, s 7 October 17, 1978 Consent Calendar Items ' These are items of a routine or non -controversial nature, on which a unanimous vote of approval is expected. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. (The purpose of this cal- endar is to allow Council to spend its time and energy on more important items.) The Consent Calendar presented was as follows: 4. SECOND READING OF ORDINANCE NO. 96, 1978, RELATING TO RULES AND REGULATIONS OF CITY OPEN SPACE. This ordinance passed favorably on first reading at the October 3 Council meeting. It formulates rules and regulations pertaining to the use of City Open Space property. Staff recommends approval. 5. SECOND READING OF ORDINANCE NO. 97, 1978, PROVIDING PARKLAND FEE REVENUE BOND FOR THE PURCHASING OF LANDINGS PROPERTY. This ordinance passed favorably on first reading at the October 3 Council meeting. It provides for the purchase of the Landings property for a park site by a down payment and revenue bond financing. Staff recommends ' approval. 6. SECOND READING OF ORDINANCE NO. 100, 1978, ZONING THE SHIELDS -HARMONY ANNEXA- TION. This ordinance passed favorably on first reading at the October 3 Council meeting. This is a request for R-L-P zoning on 80 acres located on Harmony. Road east of South Shields. Staff recommends approval. 7. SECOND READING OF ORDINANCE NO. 101, 1978, ZONING THE WEST HORSETOOTH ANNEXA- TION. This ordinance passed on first reading at the October 3 Council meeting. This is a request for R-L-P zoning on 155 acres located on Horsetooth Road east of South Shields Street. Staff recommends approval. 8. CONSIDER VARIOUS EASEMENTS. Various easements are brought to Council for approval, The total consideration is $252. Staff recommends approval. -66- 1 October 17, 1978 ' 9. COUNCIL MEETINGS. There will be an adjourned meeting on October 24th primarily for budget. Since November 7 is Election Day, we need to cancel that Council meeting. The next Regular Meeting will be November 21st. Staff recommends approval. 10. RESOLUTION SETTING PUBLIC HEARING ON STREET LIGHTING DISTRICT NO. 5 This public hearing was originally set for November 7. Due to the cancel- lation of this meeting, the public hearing date is being requested for November 21st. Staff recommends approval of this resolution. 11. CLAIM - GULF INSURANCE VS. CITY OF FORT COLLINS The City filed suit against Gulf Insurance Company and lost the case. Rather than appeal we have negotiated a settlement. Council needs to approve by motion the release and settlement. Staff recommends approval. 12. AUTHORIZATION FROM COUNCIL TO HAVE AUXILIARY POLICE OFFICERS COVERED BY WORKMEN'S COMPENSATION. The Police Department is requesting their auxiliary officers be covered ' by workmen's compensation. We currently have 23 volunteer officers. At $8.00 per officer per year, the coverage would be $184 annually. Staff recommends approval. 13. PURCHASE OF TILEY AND DAY PROPERTY FOR A PARK AND SUBSTATION SITE. A proposal has been reached on this purchase of land reducing the park site purchase to $40,000 and changing the obligation to install the bike path to the City. This cost to the City would be $5,100. Staff recommends approval. 14. SECOND REPLAT OF LAKE SHERWOOD, THIRD FILING. This replat makes a slight change to the .lots on the subdivision plat of this P.U.D. Staff recommends approval. 15. REPLAT OF CEDAR VILLAGE, FIRST FILING, AND PART OF CEDAR VILLAGE, THIRD FILING. This proposal would redivide lots into slightly larger lots and eliminate several lots along Hull Street and Claremont Drive. The change is compatible with the surrounding residential areas. Staff recommends approval. 1 -67- October 17, 1978 The following items were withdrawn from the Consent Calendar Item No. 13 Purchase of Tiley and Day Property for a Park and Substation Site. The ordinances presented for adoption on second reading were read by title by Deputy City Clerk Wanda Krajicek as follows: 4. Second Reading of Ordinance No. 96, 1978, Relating to Rules and Regulations of City Open Space. 5. Second Reading of Ordinance No. 97, 1978, Providing Park- land Fee Revenue Bond for the Purchasing of Landings Pro- perty. 6. Second Reading of Ordinance No. 100, 1978, Zoning the Shields -Harmony Annexation. 7. Second Reading of Ordinance No. 101, 1978, Zoning the West Horsetooth Annexation. 1 Councilman Wilkinson made a motion, seconded by Councilman St. ' Croix to adopt and approve all items not withdrawn from the Con- sent Calendar. Yeas: Councilmembers Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Purchase of Tiley and Day Property Approved for a Park and Substation Site Following is the City Manager's memorandum on this item: "In further negotiations with Bill Tiley and Bill Day, they have agreed to reduce the price for the park site to $40,000, but change the obligation to install the bike path to the City. This cost should not exceed $5,100. This is based on the fol- lowing. There will be approximately 1,950 lineal feet of bike path which will be seven feet wide and therefore consists of approximately 1500 square yards. Assuming a cost of $3.40 per square yard to install the path, this totals $5,100. Also some additional changes have been made in the proposal to reflect what was agreed upon in the negotiations with the Elec- tric Utility. N-1.2 1 October 17, 1978 We recommend approval of this proposal" Assistant City Manager Susan Sanfilippo noted that the contract needed to be amended on pages four and five in accordance with the memorandum previously distributed to Council. Councilwoman Gray made a motion, seconded by Councilman Wil- kinson to amend the contract as described. Yeas: Councilmem- bers Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Councilman Bowling made a motion, seconded by Councilman Wil- kinson to approve the amended contract to purchase the Tiley and Day property. Yeas: Councilmembers Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted as Amended on First Reading Relating, to Industrial Zone Following is the City Manager's memorandum on this item: "This ordinance would revise the existing I-L, I-P and I-G zones. There are five changes to the existing Industrial zones: (1) additional uses, (2) alteration of landscape requirements, (3) flexibility if a P.U.D. approach is utilized, (4) uniform parking requirements, and (5) new performance standards. Staff has worked closely with a committee of Council on this ordinance, and we feel that all previous concerns relating to parking and landscape have been addressed. The ordinance also se_ts new standards for smoke, odor and noise. These were developed in conjunction with Dr. Corriri of C.S.U. We recommend approval." Councilman Wilkinson noted that the ordinance indicates that it dry landscaping. 1 -69- on page 9 (d) of the Ordinance would be necessary to irrigate October 17, 1978 City Attorney Liley stated that the Ordinance could be amended ' by adding the phrase "except in those areas in which dry land- scaping has been used", to paragraph (d). Councilman Wilkinson made a motion, seconded by Councilwoman Gray to amend the Ordinance as described above. Yeas: Council - members Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Councilman Bowling made a motion,'seconded by Councilman Wilkin- son to adopt Ordinance No. 72, 1978 as amended. Yeas: Council - members Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Resolution Setting Forth Findings, Facts and Conclusions Regarding the West Prospect Fourth Annexation Approved Following is the City Manager's memorandum on this item: "This resolution certifies that the area included in the pro- ' posed West Prospect Street Fourth Annexation is eligible for annexation. Council passed the Resolution of Intent to Annex this property on September 5. We recommend approval of this resolution." Councilman Bowling made a motion, seconded by Councilman Wilkin- son to adopt the Resolution setting forth findings, facts and conclusions regarding the West Prospect Fourth Annexation. Yeas: Councilmembers Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. -70- 1 October 17, 1978 Ordinance Adopted on First Reading Annexing the West Prospect Street Fourth Annexation Following is the City Manager's memorandum on this item: "This is a staff -initiated annexation of 35.9 acres located on Prospect Street east of Overland Trail. The Resolution of Intent to Annex was passed on September 5. Council considered the eligibility of the annexation in the pre- ceding item. This parcel is totally surrounded by City land and is the last piece of the Brown Farm area. There is a covenant on this pro- perty which stipulates that it will be the last piece of Brown Farm to develop. The Planning and Zoning Board and Planning staff both recommended approval. Our recommendation is for approval also." Councilwoman Gray made a motion, seconded by Councilman Wilkin- son to approve Ordinance 98, 1978. Yeas: Councilmembers Bowl- ing, Gray, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Zoning the West Prospect Street Annexation Following is the City Manager's memorandum on this item "This ordinance would place the property included in this annex- ation in T-Transition zone. It would be the last piece of Brown Farm to develop. The Planning and Zoning Board recommended approval of the T-Tran- sition zone. Staff concurs." Councilman St. Croix made a motion, seconded by Councilwoman Gray to approve Ordinance 99, 1978. Yeas: Councilmembers Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. 1 -71- October 17, 1978 Ordinance Adopted on First Reading I Rezoning Larkborough Following is the City Manager's memorandum on this item: "This is a staff -initiated rezoning of 13.8 acres north of Har- mony Road and west of the C & S Railroad. The Planning and.Zon- ing Board unanimously recommended approval of the rezoning on September 11. The rezoning would place the parcel in the R-P and R-L-P zones and bring the zoning in line with the approved preliminary plan. These changes are primarily of a housekeeping nature following the selection of the park site. They are con- sistent with the Comprehensive Plan and staff recommends approval." Councilman Bowling made a motion, seconded by Councilman Wilkin- son to adopt Ordinance No. 102, 1978. Yeas: Councilmembers Bowl- ing, Gray, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Storm Drainage Study in Evergreen Park Area Following is the City Manager's memorandum on this item: "A preliminary drainage analysis for Greenbriar P.U.D. revealed ' that the natural drainageway for that area is generally southerly- --through both Greenbriar and Evergreen Park to Dry Creek. The development and construction of Evergreen Park Second Filing, how- ever, has blocked the natural flow of surface runoff. There are engineering solutions to this problem. Because devel- opment of this area is already underway, thus imposing some time constraints, we recommend that we retain an engineering consul- tant to design a drainage system. Costs for the study are esti- mated at less than $10,000. We would recover this cost by assess- ing a storm drainage fee as development occurs. We recommend that Council authorize the hiring of a consulting en- gineer to design a drainage system for the Evergreen Park area." Councilman Wilkinson made a motion, seconded by Councilman Bowling to authorize the hiring of a consultant to design a drainage sys- tem in the Evergreen Park area. Yeas: Councilmembers Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. -72- 1 October 17, 1978 I Resolution Adopted Appointing Additional Members of the Citizens' Advisory Committee on Electric Rate Forms Following is the City Manager's memorandum on this item: "Council indicated that they want to expand the Citizens' Rate Committee to include two additional members. We have attached the list of remaining applicants. Council needs to select two additional members from that list and make their appointment by resolution.'"' Councilman Bowling made a motion, seconded by Councilman St. Croix to expand the number of members of this committee from seven to nine. Yeas: Councilmembers Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Council selected Judy McKenna and Peggy Ratliffe from the list of applicants for this committee. Councilman Bowling made a motion, seconded by Councilwoman Gray ' to adopt the Resolution appointing two new members to the Citi- zens' Advisory Committee on Electric Rate Forms inserting the names of Judy McKenna and Peggy Ratliffe as the new members. Yeas: Councilmembers Bowling, Gray, St. Croix, Suinn and Wil- kinson. Nays: None. THE MOTION CARRIED. City Manager's Report Parking Ban on Taft Hill Road Assistant City Manager Sanfilippo noted that the administration was planning to work with the residents to help them resolve their problems and to send them notices informing them of the City's plans and inviting their input. Councilman St. Croix questioned removal of the parking to accomo- date two bike lanes. Sanfilippo responded that the intention and convert Taft Hill Road to a 4-lane for bicycle lanes on both sides. 1 -73- is to remove the parking street and still have room October 17, 1978 Bob Lee, Traffic Engineer, noted that he and his staff will be ' looking at bicycle lanes and paths in more detail very soon. He also noted that a thorough investigation of the parking had been done in the Taft Hill area and that he felt there would not be a terrible inconvenience to the people of the area. John Staples, 1033 Briarwood Road, spoke to the concerns of a group of parents in the Taft Hill area who have children. attend- ing Blevins Jr. High. He noted that Taft Hill was the only ac- cess to Blevins from the north and that they were concerned with the safety of their children. In summary, Mayor Suinn stated that Council's general attitude is to go ahead with the removal of the parking on Taft Hill with the concern that the residents of the area have the opportunity to have some input. He noted that the emphasis should be on be- ing sensitive to the people in the area. In terms of the bike path situation, there will likely be a delay in putting the bike paths in until the residents have had the opportunity to have this input. Bowling noted that a paragraph of the proposed letter to the res- idents states that the parking will be removed as quickly as possible but that the City wants to work with residents to make sure their needs are taken care of. He noted that he interpreted ' this to mean if anyone has a specific problem in the removal of parking, the staff will work with them to see if it can be re- solved. Gray stated that she wanted to make sure that the resident's in- put is accomodated. If a lot of people complain and a meeting is necessary, then there may be delays. However, she noted that she didn't expect this. Bowling suggested that a specific date for implementation (per- haps 30 days) should be named in the letter to avoid having the issue drag on. Assistant City Manager Sanfilippo introduced the two new planners John Dewhirst and Joe Frank who were present. Mayor Suinn announced that Council would recess for the dinner break until 7:15 p.m. -74- 1 October 17, 1978 ' City Manager's Report Continued Assistant City Manager Sanfilippo brought Council up to date on the situation with Recycle Something. She noted that the search for a new site was taking some time but has been nar- rowed down to two specific sites, a piece of Colorado & South- ern property and the old trolley car barn. She also noted that some of their contracts for CETA employees are running out and they will be requesting that the Council contribute up to $15,000 to help them maintain their organization. Police Awards Police Chief Ralph Smith presented awards to Jerry Haals, Jim Vincent and John Martinez for 50,000 accident free miles driven in a police patrol unit. Proclamations The proclamation proclaiming the month of October as Toastmistress month was read by Deputy City Clerk, Wanda Krajicek and was ac- cepted by Verly Bolton, President of Columbine Toastmistress Club. Citizen Participation Jane Chandler, Assistant Manager of Oakbrook I, requested bus service to their complex and presented letters and petitions to that effect. Barry Selberg noted that the new routes would take care of their concerns. Other Business 208 Study Funding Approved John Rutstein appeared to present a funding request from the Larimer-Weld Council of Governments for $8,014 to support the 208 study through December of 1979. Councilman Wilkinson made a motion, seconded by Councilwoman Gray to approve the additional funding for the 208 study. Yeas; Coun- cilmembers Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. I THE MOTION CARRIED. -75- October 17, 1978 Two Applications for permits for I Encroachment, Tabled Assistant City Manager Sanfilippo explained that the two ap- plications for permits were from Larry Sullivan, who wanted to put up some portable flower carts at two locations - one 649 S. College and the other 250 W. Laurel. Mayor Suinn noted that a request had been made for the staff to work with the downtown merchants on the permit system and that perhaps the merchants should be reminded that the City's intent was not to shelve or delay the question. Councilman Wilkinson made a motion, seconded by Councilman Bowl- ing to table these two requests until the new vending ordinance is effective. Yeas: Councilmembers Bowling, St. Croix, Suinn and Wilkinson. Nays: Councilwoman Gray. THE MOTION CARRIED. Request From Colorado Association of Municipal Utilities to Oppose Amendment No. 2, No Action Taken Assistant City Manager Sanfilippo noted that there had been a ' request from the Colorado Association of Municipal Utilities to pass a Resolution opposing Amendment No. 2., the Burch -Orr Amend- ment. Councilman Bowling noted that the City Manager is studying this request and is in the process of preparing a statement outlining both the pros and cons of this issue to the voters of the City. He suggested that any action be deferred until the next Council meeting when Mr. Arnold has a report. Councilmembers Wilkinson and St. Croix expressed the opinion that Council not take a position on this issue and agreed that the voters should be presented a statement outlining the effects the amendment will have on them and City operations. Report From City Council Members on Committees Councilman Bowling noted that the State Highway Department will be holding hearings on the bypass on October 25, and wanted to make sure the City has representatives there to express the con- cerns of the Council. -76- October 17, 1978 Councilman Bowling then noted that the assessments for the Special Improvements District had gone out this week and that he felt a mistake had been made in that it was his understand- ing that the Council voted that the tax assessment on single family residences was to be deferred until the property was sold or converted to other use as it has been on the parking lot assessement (General Improvement District). He felt this was not the intent of the Council and then asked Council to correct the mistake and get a notice out to these people in- forming them that the error is being corrected. Councilmembers expressed agreement with Mr. Bowling's statements. Councilman Bowling made a motion, seconded by Councilwoman Gray to instruct the City Manager to inform those involved that the Special Improvement District assessment will be waived as it was with the General Improvement District and to direct the staff to bring back an ordinance correcting this at the next Council meeting. Yeas: Councilmembers Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Adjournment Councilman Wilkinson made a motion, Gray to adjourn the meeting to 9:00 Yeas: Councilmembers Bowling, Gray kinson. Nays: None. The meeting adjourned at 8:30 p.m. ATTEST: Ci.t C .erk ' -77- seconded by Councilwoman a.m. on October 24, 1978. St. Croix, Suinn and Wil-