Loading...
HomeMy WebLinkAboutMINUTES-04/17/1979-RegularI April 17, 1979 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Regular Meeting - 5:00 P.M. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, April 17, 1979 at 5:00 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Council - members: Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. (Secretary's Note: Councilman Wilmarth arrived at the meet- ing at 6:00 p.m.) Absent: None. Staff Members Present: Arnold, Hays, Deibel, Frazier, Balok, Griep, Phillips, Lee, Ruggiero, Wood, Rupel, Bingman, Lanspery, Straayer, ' Harmon, Deagle, Mabry, Liley and Lewis. Community Development Public Hearing Following is the City Manager's memorandum on this item: "We have scheduled two public hearings for the Council to review project proposals for the 1979-81 program years. The first hearing will be April 17 at 5:00 p.m., and the second hearing is scheduled for May 1, also at 5:00 p.m. Attached is a variety of information regarding the City's Community Development Block Grant program. 1. Summary of Community Development Program Guidelines; 2. List of current Community Development projects; 3. Summary of Community Development project proposals (1979-1981); 4. List of Citizens Steering Committee members; 5. Citizens Steering Committee recommendations; ' 6. City staff recommendations. -358- April 17, 1979 For Council's further review, we sent under separate cover ' the actual project proposal packages containing a descrip- tion of every project proposed that are listed in the at- tached summary of project proposals. The block grant planning process has changed substantially due to new regulations issued by HUD last year. The major difference from prior years is the formulation of a Citizen Steering Committee to serve as an advisory group to the Coun- cil. The second important change is the three-year program and budget. It should be pointed out, however, that the 1980 and 1981 programs are tentative and can be amended each year. The Steering Committee has been meeting since January and has reviewed all of the proposals, and prepared a recommended budget for Council consideration. The City staff has also prepared a budget that modifies somewhat the Steering Com- mittee budget, although the two are largely compatible. Following the public hearings, the Council will determine the program and budget to be submitted to HUD. This must be ac- complished by May 15 as the entire application must be sub- mitted to the Larimer/Weld COG by June 1. The schedule al- lows an opportunity for further discussion at the May 8 Work Session if the Council members feel it is necessary. Coun- cil's final approval will be scheduled for the May 15 meet- ' 11 City Manager Arnold called on Housing Rehabilitation Director, Jim Woods, to present the program overview and to introduce the members of the Citizen Steering Committee who would pre- sent their recommendations. The following persons were present and were introduced: 1. Ann Azari, Coordinating Commissioner for Senior Cit- izens. 2. Dorothy Lasley, Advisory Committee for Handicapped Citizens. 3. Margaret Mitchell, Urban Renewal Authority. 4. Agnes Liley, League of Women Voters. 5. Ron Walling, Chamber of Commerce. 6. Paul Salas, Holy Family Neighborhood. 7: Bob Hoffert, Laurel School Neighborhood. 8. Abel Ramos, Neighbor to Neighbor. 9. Tena Gallagher, Larimer Association for Retarded Citizens. 10. Richard Lindeborg, Self. 11. Representative, Elizabeth Stone Resource Center. 12. Jessie Tompkin, Self. 13. Lester Cowell, Buckingham/Alta Vista/Andersonville ' Neighborhood. -359- April 17, 1979 Jim Woods then reported that the projects were divided into ' three major catagories; (1) Housing and Development, (2) Other Civic Proposal and (3) Non-profit Groups. The following proposals were presented as follows: 1. Housing and Development - Mr. Bob Hoffert. 2. Other Civic Proposals - Margaret Mitchell. 3. Non -Profit - Richard Lindeborg. Following the formal presentations, the following persons spoke to specific proposals: 1. John Cook, Representing Food Co-op. 2. Jim Foster, Art Works. 3. Donn Hopkins, Safe Home and Community Crisis Center. 4. Charles Muenzberg, Housing Authority. Hearing no further comments Mayor Bowling expressed Council's appreciation to the committees and the number of hours they have spent on this project. The second hearing on this issue will be held and final allocation will be made on May 15, 1979. Mayor Bowling declared the public hearing closed at 6:30 p.m. I Executive Session Authorized Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adjourn into Executive Session for the purpose of discussing legal matters and personnel matters. Yeas: Coun- cilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Commendations and Proclamations Mayor Bowling made the following proclamations: 1. April 22 through 29, 1979 - Days of Remembrance. 2. April 23 through 29, 1979 - Public Radio Week. 3. April 23 through 27, 1979 - Secretaries Week. 4. May 4 and 5 - Forget -Me -Not Week. 5. April 20 - Arbor Day. 1 -360- April 17, 1979 Resolution Adopted Expressing ' Appreciation to Governor Lamm for His Veto of House Bill 1232 Concerning Municipal Annexations Councilwoman Gray read a letter addressed to Governor Lamm to accompany the above resolution. City Clerk Verna Lewis read the resolution at length. Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: None. (Wilmarth abstained) THE MOTION CARRIED. Council Members' Reports (a). Councilman Kross reported that the Special Olympics Committee has been working in the Community to spon- sor events for the Special Olympics. There are two events scheduled for this week, April 19 and April 21. He encouraged Council to attend as many events as time permits. ' (b). Mayor Bowling reported on the following: (1). The comprehensive Land Use Plan was reviewed last night by the Planning and Zoning Board. He sug- gested that a joint City Council/Planning and Zoning Board meeting be scheduled at the May 8, 1979 Work Session. (2). He announced the establishment of the City Manager and City Attorney review into the City Council for Tuesday June 12, September 10 and December 10, 1979. (3). City Traffic Engineer, Robert Lee, has recommended meeting with Council members individually or as a group; to review the Dresentation on the proposed traffic program for the City, prior to the presen- tation on the Fort Collins Parkway. He will be contacting Councilmembers to schedule this meeting. (4). Mayor Bowling announced that Fort Collins Colo- radoan Editor, Bob Lauffer, and Mr. Jack Miller from KCOL have agreed to present a News Media Se- minar for the City Council. This has been tenta- tively scheduled for May 27, 1979, Work Session. ' -361- April 17, 1979 (5). Mayor Bowling announced that he and Vice -Mayor ' Gray will be meeting with the staff to review the agenda on Council dates (1st and 3rd Tues- days) at 11:00 a.m. and invited Councilmembers wishing to attend to feel free to do so. (6). The second City Council/Staff retreat scheduled for May has been postponed until the fall. (7). Boards and Commissions appointments are set for July. The Mayor recommended that June 12 be set as a Work Session to review applications. (8). A joint meeting between the School Board, the City Council and the County Commissioner has been requested. The administration will coordinate this meeting. Agenda Review - City Manager (1). City Manager Arnold reminded Council that they would have to reconvene into executive session at the dinner break. ' (2). City Manager Arnold then reported that items 17 (Resolu- tion Relating to the Creation of Utility Appeals Com- mittee) and 18 (Two Resolutions Approving Water and Sewer Utility Rules and Regulations for Service, and one Resolution Approving Electric Service Rules and Regulations) need to be taken off the Consent Calendar for corrections. (3). The City Manager then reported that the Ordinances need to be renumbered; starting with Ordinance No. 47, now listed as Ordinance No. 42, and continue through Ordinance No. 51, 1979. (4). The City Manager then reported that the petitioners on items No. 29 (Hearing and First Reading of Ordinance No. 45, 1979, Rezoning Property Known as the Overland West Rezoning) and No. 31 (Hearing and First Reading of Ordinance No. 47, 1979, Rezoning Property Known as the Alpine Street Rezoning) have requested that these petitions for rezoning be withdrawn. 1 -362- April 17, 1979 Resolution Adopted ' Expressing Gratitude and Appreciation of the Residents of the City to Richard M. Suinn for His Service to the City as Councilman and Mayor Councilwoman Gray read the resoution by title. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Councilwoman Gray presented the framed resolution along with two plaques of appreciation to former Mayor Suinn for his service to the City as Councilmember and as Mayor. Resolution Adopted Expressing Gratitude and Appreciation of the Residents of the City to Arvid R. Bloom for his Service to the Citv as Councilman and Mavor Councilman St. Croix read the resolution by title. ' Councilman St. Croix made a motion, seconded by Councilman Wilkinson to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wil- marth. Nays: None. THE MOTION CARRIED Councilman St. Croix presented a plaque of appreciation to Arvid R. Bloom for his service as Councilmember and Mayor. Resolution Adopted Expressing Gratitude and Appreciation of the Residents of the City to Jack E. L. Russell for His Service to the City as Councilman and Mayor Councilman Wilkinson read the resolution by title. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wil- marth. Nays: None. THE MOTION CARRIED. ' -363- April 17, 1979 I Councilman Wilkinson presented a plaque of appreciation to Jack E.L. Russell for his service as Councilman and Mayor. Commendation from Police Department Chief Ralph Smith read a Commendation from the Police De- partment to John Tellez, Explorer Scout, for action taken in connection with a certain police case. The meeting was then adjourned into executive session for the remainder of the dinner break. 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 calendar is to allow Council to spend its time and energy on more important items). The Consent Calendar presented was as follows: ' 13. CONSIDER APPROVAL OF THE MINUTES OF THE MARCH 13 AND MARCH 20 REGULAR MEETING AND 1HE MARCH 27 ADJOURNED HEETING. 14. CANVASS OF APRIL 3RD GENERAL ELECTION. Attached are several documents relating to the April 3rd General Election needing Council's acceptance. 15. DEEDS, EASEMENTS AND AGREEMENTS. The following issues are brought before Council: 1. A Ditch Crossing Agreement with the Arthur Irriga- tion Company to provide underground electrical equipment under the Arthur Ditch to an existing overhead line on Mountain Avenue. 2. A Ditch Crossing Agreement with the Larimer County Canal #2 Irrigating Company to permit the con- struction of a 6-inch water line across the Company's canal at Westview Avenue. 1 -364- um 17 April 17, 1979 Staff recommends Council authorize the City Attorney to prepare such agreements and also authorize City Manager and City Clerk to execute the same. VILLAGE PARK P.U.D., FINAL. This is a proposal for a 48-unit P.U.D. on 6.1 acres, zoned "R-P," located on the northeast corner of West Stuart Street and Heatheridge Road. Staff recommends approval. RESOLUTION RELATING TO THE CREATION OF UTILITY APPEALS COMMITTEE. In a recent decision of the United States Supreme Court, it was decided that Municipally operated utilities must afford a customer an opportunity to protest and otherwise correct a delinquent utility bill prior to termination of service. Therefore the City Attorney's office is proposing the creation of a Utility Appeals Committee. Staff recommends approval. 18. TWO RESOLUTIONS APPROVING WATER AND SEWER UTILITY RULES AND REGULA- TIONS FOR SERVICE, AND ONE RESOLUTION APPROVING ELECTRIC SERVICE RULES AND REGULATIONS. Attached are the Rules and Regulations of the three utilities which have incorporated changes. Staff recommends adoption. Resolution Adopted Approving Acquistion by Eminent Domain for Lemay Avenue Extension City Manager Arnold stated approval was needed for the Lemay Avenue Extension. The property belongs to Harold Fisher and the price is set at $300,000, which is included in the Lemay Avenue Extension budget. City Clerk Verna Lewis read the resolution at length. Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED, City Manager's Report (1). City Manager Arnold called Council's attention to a donation made by the American Association of University of Women of $280.00 to the Parks and Recreation De- partment. These funds will be used to publish open space and trails packets, 1 �J -365- April 17, 1979 (2). City Manager Arnold announced that April 26, 1979 from 2:00 p.m. to 4:00 p.m. has been designated as Employee Recognition Day. All Councilmembers are invited. Report on Lincoln Center City Manager made a brief report on the $213,074 cost over- run at the Lincoln Community Center. He reported that the increases fall in three areas: (1) Architect's fees, (2) Catering kitchen, and (3) Overall Construction Contract. The City Manager then called on Jim Harmon internal Auditor to make a report. Following is this report, which is made a part hereof: City Manager, John Arnold, requested that I review the capital construction expenditures incurred on the Lincoln Community Center. Ron Wood, Finance Department; Roy Bingman, Public Works Department; and their staffs aided greatly in the speedy completion of this review. Background: The capital construction of the Lincoln Community Center began in early 1975, and it is not fully completed to date. Funding for the construction of the Lincoln Community Center came not only from the 7-Year Capital Improvement Program but also $303,000 was committed by the Fort Collins Foundation for both designated and undesignated gifts. Construction was completed in segments with occupancy of specific areas taken before the total project was completed. The first indication of a problem with the project budget was revealed when the Finance Department was accumulating costs for reimbursement from the Fort Collins Foundation. This work probably speeded up the discovery of the project budget problem by only a few weeks, due to unprocessed change orders for a large amount of money. Accounting and Budgeting: The project budget was established based on the estimated revenues which were as follows: Original City contribution $2,200,200 for Lincoln Community Center 1 -366- Fort Collins Foundation - Undesignated Gifts Olive Ludlow Trust Fund Fort Collins Foundation - Designated Gifts Additional City Contribution Total Project Revenues April 17, 1979 $ 200,000 $ 91,796 $ 103,000 $ 194,000 $22788,996 Based upon the project budget, an amount for the Lincoln Community Center project was included in the annual appropriation of the 7-Year Capital Fund. The annual appropriation was based upon the estimated expenditures for that fiscal year. The accounting for the project was done more on a fiscal year basis than on a total project basis; however, in this case, the problem would have surfaced at approximately the same time. Yearly project to date accounting was performed for the budget and annual audit purposes. The City is tied to an Annual Appropriations Ordinance for the expenditure of all funds. On capital projects requiring more than one fiscal year to complete, there also needs to be a monthly reporting of total project expenditures to date in addition to expenditures against an annual appro- priation. Construction Procedures as Related to Project Accounting: One of the major problems in this capital project was the sequence of events that took place in numerous instances concerning change orders. The sequence of events is as follows: 1. The work was completed by verbal authorization. 2. The change order was written by the architect. 3. The change order was signed by the architect, contrac- tor, and the City. 4. A purchase requisition was written by the Capital Improvements Coordinator. 5. A purchase order was written by Purchasing. 6. The budget was encumbered by the purchase order. ' -367- April 17, 1979 ' Immediate steps are being taken to change this sequence of events on existing and future capital projects. Dollars Involved: The revised budget for the construction of Lincoln Community Center is $2,788,996. The expenditures, outstanding encumbrances, and outstanding commitments as of April 16, 1979, amounted to $3,002,070. This results in an over expenditure of $213,074. Major factors involved in the over expenditure include design fees, the catering kitchen, the Ludlow Room, and additions to the basic construction contract for the auditorium and other areas. The Fort Collins Foundation has made direct payments amounting to $11,922 to date for Lincoln Community Center related expenditures. These direct payments will reduce the City's reimbursement for either designated or undesignated gifts depending upon the category of expenditure. Auditor's Comments: This report should be considered an interim report as there are several areas requiring further work. These areas include the use in our cost figures of estimated architectural fees to complete the project, further investigation of specific change order items by staff members and myself, and further work with specific items involving the Fort Collins Founda- tion. Upon completion, a final report will be tendered. When the City is dealing with an outside entity such as the Fort Collins Foundation, definite rules need to be established at the beginning of a project as to who shall make expenditures and what reporting shall be required as well as the timing necessary for both the receipt of monies and the expenditure thereof. In addition to changing the procedures regarding financial recording of change orders, there also needs to be increased documentation of what makes up a change order, who authorized it, and why it was needed. From correspondence and billings of the architect on the Lincoln Community Center project, it appears to have been in a constant state of change with no obvious explanation as to why this was necessary. Conclusion: Eased on the information available, there has been either expenditures, ' encumbrances, or commitments in excess of the approved budget amounting to -378- April 17, 1979 approximately $213,074 that, subject to further investigation, will have to ' be satisfied budgetarily. Related Matter: Prior to the discovery of the budget problem relating to Lincoln Community Center, an audit had been started on the capital construction of the new Municipal Building. As of yet, this examination is not complete; but when it is completed, I will submit a report to Council. JHH/rr City Manager Arnold then reported on the procedures instituted on change orders and requisitions. He then reported that the City Hall might have similar problems and requested that the City Council Finance Committee be convened with him and the I outside auditors to review the two projects. No Council ac- tion was taken on this item. The following items were withdrawn from the Consent Calendar: Item No. 16 Village Park P.U.D. Final. Item No. 17 Resolution Relating to the Creation of Utility Appeals Committee. Item No. 18 Two Resolutions Approving Water and Sewer Utility Rules and Regulations for Service, and One Resolu- tion Approving Electric Service Rules and Regula- Councilman St. Croix made a motion, seconded by Councilman Wil- kinson, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. -379- 1 April 17, 1979 I Village Park P.U.D. Final Approved Following is the City Manager's memorandum on this item "This is a proposal for a 48-unit P.U.D. on 6.1 acres, zoned "R-P," located on the northeast corner of West Stuart Street and Heatheridge Road. Council approved the preliminary plan for Village Park P.U.D. at its December 5, 1978, Council meeting. All conditions im- posed then have been met on the final plan. Staff recommends approval." Councilwoman Reeves had requested this item be withdrawn from the Consent Calendar as she had concerns regarding the traffic, as related to the traffic emptying on Heatheridge, and she felt there is a dangerous intersection at Heatheridge and Stuart Street. Planning and Development Director, Chuck Mabry, stated that generally this design was with the least impact. Mr. Eldon Ward of ZVFK Architects spoke to the planning consideration ' for this street. Councilman St. Croix made a motion, seconded by Councilman Wilkinson to approve the Village Park P.U.D. Final. Yeas: Councilmembers Bowling, Gray, Kross, St. Croix, Wilkinson and Wilmarth. Nays: Councilwoman Reeves. THE MOTION CARRIED. Resolution Adopted as Amended Creating- Utilitv Anneals Committee Following is the City Manager's memorandum on this item: "In a recent decision of the United States Supreme Court, is was decided that Municipally -operated utilities must af- ford a customer an opportunity to protest and otherwise cor- rect a delinquent utility bill prior to termination of ser- vice. The decision was somewhat silent as to the exact ad- ministrative procedures to be followed, saying only that an aggrieved customer had a right to discuss the matter with an individual who had authority to correct any billing error. The following agenda item adopting revised rules and regula- tions for utility service provides for such a procedure and ' is felt to satisfy the requirements of the Supreme Court de- cision. -380- April 17, 1979 However, the City Attorney is somewhat concerned that due process requirements may not be completely satisfied by ' limiting review of an aggrieved customer's billing dispute to an individual within the affected department. The Ad- ministration and City Attorney feel the creation of the Utility Appeals Committee, composed of the Director of Finance, Director of Light and Power, Director of Water and Sewer, and the Assistant City Manager, will provide for ample hearing and resolution of all customer complaints. This Committee would act in a quasi-judicial capacity. No further appeal within the City administration or Council would be authorized, leading an aggrieved customer free to pursue his judicial remedies in Court. It is, therefore, recommended that the attached Resolution authorizing the creation of the Utility Appeals Committee be adopted." City Attorney Liley stated that in Section 1, the title assis- tant City Manager should be changed to City Manager, also the number of the committee is recommended to be changed to five or reduced to three. Councilmember Wilmarth stated he preferred to have a committee of one. Councilman St. Croix made a motion, seconded by Councilwoman ' Gray, to amend the resolution by deleting the Assistant City Manager. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: Councilman Wilmarth. THE MOTION CARRIED. Councilman St. Croix made a motion, seconded by Councilwoman Gray to adopt the resolution as amended. Yeas: Councilmem- bers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. 1XI-3 April 17, 1979 Resolution Adopted as Amended Approving Electric Service Rules and Regulations Following is the City Manager's memorandum on this item: "Attached are the Rules and Regulations of the three utilities which have incorporated changes relative to: 1. Creation of the Utility Appeals Committee; and 2. Combined Utility Service Information Package being prepared for distribution by the Utility Office. The City Attorney's office has reviewed these changes to the Rules and Regulations and finds them consistent with the law. Staff recommends adoption." City Attorney Liley stated this resolution needed to be amended in the second sentence to read Director of Light and Power and not Director of Water and Sewer. Councilwoman Gray made a motion, seconded by Councilman Kross, ' to adopt the resolution as amended. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wil- marth. Nays: None. THE MOTION CARRIED. Resolution Adopted Approving Water Utility Rules and Regulations for Service Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wil- marth. Nays: None. THE MOTION CARRIED. Resolution Adopted Approving Sewer Utility Rules and Regulations for Service Councilman St. Croix made a motion, seconded by Councilwoman Gray, to adopt the resolution. Yeas: Councilmembers Bowling, ' Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. ER10 April 17, 1979 Setting Date of Election ' Following is the City Manager's memorandum on this item: "At the April 10 Council meeting, Mayor Bowling requested Staff to set the date for the Election for the Sales Tax Extension. Staff recommends approval of the second Tuesday in September (September 11) as the date for this election. This date is after the summer vacation schedule for most individuals. CSU will be in session, and it gives us enough lead time before the mill levy has to be certified (October 30, 1979) for the 1980 budget." City Manager Arnold stated that Council's action should merely set the date of the Election as Council has not reviewed items to be placed on the ballot. Councilwoman Gray made a motion, seconded by Councilman Wilkin- son, to set the date of the Election as September 11, 1979. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. ' Resolution Adopted Appointing Representative to Larimer-Weld Regional Council of Government's "Council of the Whole" Following is the City Manager's memorandum on this item: "On April 10, Council elected Councilwoman Peggy Reeves to be the City's representative on the Larimer-Weld COG "Coun- cil of the Whole." The attached Resolution will verify this appointment. At this meeting, Council needs to also appoint an alternate to the C.O.G. "Council" should Councilwoman Reeves not be able to attend a meeting." Councilwoman Gray stated she recommended that the alternate not be appointed until after the Council retreat of April 20, 21 and 22. Councilwoman Gray made a motion, seconded by Councilman St. Croix, to adopt the resolution without the appointment of the alternate. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. ' -383- April 17, 1979 Appoint Members to the Finance Committee Following is the City Manager's memorandum on this item: "Jack Russell, Arvid Bloom, and Lloyd St. Croix have been Council's representatives to the Finance Committee. Meet- ings of the Committee are called on an as -needed basis by the Finance Director at a time when convenient to all. Council needs to either (1) reaffirm Lloyd's continuance on the Committee and appoint two new members, or (2) appoint three new members." By Council concurrence the following were appointed to the Council Finance Committee: Mayor Bowling Councilman St. Croix Councilman Wilmarth Request for Funds for I.L.S. and Other Capital Improvements at Fort Collins - Loveland Airport Tabled Following is the City Manager's memorandum on this item: At the April 10 Council meeting, Herb Carlson, Chairman of the Airport Board, presented a request to Council for approval of funds for site preparation for an I.L.S. system at Runway 15/33 at the Fort Collins - Loveland Airport. Total proposed funding is $120,000: $100,000 from Federal assistance and $20,000 from the two cities. Council requested this be brought back to this meeting in order to allow time for the Council Airport Committee to discuss this with Loveland and come back with a report. The only money available for expenditure is $20,000 in the Capital Improve- ments Account. This would require $10,000 of that. Since the April 10 meeting another expenditure seems imminent. The Airport Board received a letter, a copy of which is attached, from the Larimer County Sanitation/Water Pollution Inspector that in summary says: 1. The restrooms do not meet Public Health Standards. 2. Falcon Air has 20 full-time employees working in a large hangar and no restrooms available. (There is only one restroom located in the office area of the Airport.) -384- April 17, 1979 The Inspector recommended that restroons be provided and that all facili- ' ties connect to the public sewer system. Airport Manager John Hurt checked into the problem and estimates the cost for connection to the public sewer system to be $35,000. The City of Fort Collins' portion of this would be $17,500. There is not sufficient money available to fund the I.L.S. project as well as make the sanitation improvements required at the Airport. The Airport Board met in a special meeting Thursday morning and discussed a memo on upcoming capital improvement requirements at the Airport, a copy of which is attached. They are trying to pull this all together before April 17 and will be present at the meeting to discuss joint problems. The Airport Board is working hard and has spent a great deal of time trying to solve these matters, but there are a number of problems that make it difficult. We will consult with Loveland and have a recommendation for you at the meeting." Mr, Herb Carlson and Mr. Ben Gregg spoke in support to the re- quest. Councilman St. Croix reported on the funding issue, this report was held after meeting with representatives of the Fort Collins ' City Council and Loveland City Council and the two City Mana- gers. The two cities have tentatively agreed to participate on a 50/50 basis. As a result of this meeting it was concurred that the Instru- ment Landing System will be tabled until after May 3, 1979. Mayor Bowling stated a meeting with the Federal Aviation Ad- ministration and the two Council's Committee and the Chairman of the Airport Board on May 3, 1979. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to table this item until after the meeting with the Federal Aviation Administration officials on May 3, 1979. Yeas: Councilmembers Bowling, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. (Councilwoman Gray out of room). THE MOTION CARRIED. -385- 1 April 17, 1979 I Ordinance Adopted on First Reading Amending the Zoning Ordinance Relating to Signs Following is the City Manager's memorandum on this item: "On March 20, Council approved major amendments to the Sign Code. Further review by James Gionfriddo, Zoning Administrator, in- dicated six additional changes involving very minor changes in wording as noted in the attached Ordinance. The City Attorney's staff concurs and has prepared the attached Ordinance for Council's review. Also attached is a memo from Lucia Liley showing the present provisions of the Sign Code Ordinance and the requested changes. Staff recommends approval." Councilman Wilkinson inquired into Section 4, item K, illuminated signs. Jim Gionfriddo, Zoning Inspector, stated this provision is to protect the public from glare of indirectly lighted signs. Councilman Wilkinson made a motion, seconded by Councilman Wil- marth to amend the Ordinance to delete Section 4, item K. Yeas: Councilmembers Wilkinson and Wilmarth. Nays: Bowling, Gray, Kross, Reeves and St. Croix. THE MOTION FAILED. Councilman St. Croix made a motion, seconded by Councilman Kross, to adopt Ordinance No. 46, 1979, on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves and St. Croix. Nays: Councilmembers Wilkinson and Wilmarth. THE MOTION CARRIED. Ordinance Adopted on First Reading Relating to the Use of Public Streets, Alleys, Sidewalks, Plazas and Malls and Providing for Licensing of Vendors on Such Public Places Following is the City Manager's memorandum on this item. "During the Summer of '78, we began discussing the usage of the newly completed downtown. A variety of requests were being received for special events and temporary uses. At that time, we proposed an approach that would encourage use ' of the plaza, corner areas, and sidewalks. -386- April 17, 1979 We recommended minimal red tape and regulation, only that necessary for safety access and compliance with laws. The I Downtown Merchants' Association opposed that position, want- ing more governmental control. We have met with DMA representatives, and have attached the Ordinance they support, along with some of the history on this issue. Our present "peddlers and hawkers" Ordinance requires con- stant moving. We think that's inconsistent with the new downtown environment. We feel the Plaza should be used as much as possible. A minimal fee of, say, $25 would seem to encourage use. The proposed DMA Ordinance with its $500 fee and limit on the mall is more restrictive than we'd like to see. Because requests are beginning again, we need an ordinance providing a mechanism for approval." City Attorney Liley stated that a Special Events permit Ordinance will be proposed at a future date. Ms. Debbie Bonner of the Stone Lion Book Store spoke in opposition of the proposed Ordinance due to the fee. City Manager Arnold stated he coiild not verify that the Down- town Merchants had been notified that this item was on the ' agenda. Councilwoman Gray spoke in support of the previous Ordinance presented in 1978 which would allow the administration to set out rules and regulations for processing applications. Other Councilmembers commented on the restrictions of the Ordinance and the concerns of the Downtown Merchants that vendors would be selling like products. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, that Ordinance No. 47, 1979 be denied and that staff be instructed to present an Ordinance that would ad- dress Council's concerns. Yeas: Councilmembers Wilkinson and Wilmarth. Nays: Councilmembers Bowling, Gray, Kross, Reeves and St. Croix. THE MOTION FAILED. Councilman St. Croix made a motion to reconsider Council ac- tion on this item (He stated further he wished to change his vote) Mayor Bowling declared the motion dead for lack of a second. -387- ' April 17, 1979 Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to deny Ordinance No. 47, 1979. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wil- marth. Nays: None. THE MOTION CARRIED. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 52, 1979 utilizing the origin- al guidelines drawn up by the administration. City Clerk Verna Lewis read the Ordinance at length. Councilman Wilmarth requested the guidelines be brought back to the Council for approval prior to second reading of the Ordinance. Mayor Bowling put the pending motion. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilmarth. Nays: Councilman Wilkinson. THE MOTION CARRIED. Application for Hotdog ' Vending Stand Tabled. Following is the City Manager's memorandum on this item: "Carolyn A. Curto, owner of "Hotdogs from Heaven," has applied for a Sales and Use Tax License to operate a hot dog vending stand across from 106 E. Mountain in the mini -park in the center of the street. Approval has been given by Stone Lion Book Store. Council needs to decide whether to approve this application for vending in the downtown area. If Council passes the previous Ordinance, Carolyn Curto will have to follow the procedures and comply with the conditions of the Ordinance. If Council defeats the previous Ordinance, Council can approve this application and instruct Ms. Curto to apply for an En- croachment Permit in the downtown area from City Staff and go through the necessary approval procedure with Engineering and Police." -388- April 17, 1979 Councilman Wilmarth made a motion, seconded by Councilman ' Reeves, to table the application for Hot Dog Vending Stand. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, Wil- kinson and Wilmarth. Nays: Councilman Kross. THE MOTION CARRIED. Ponderosa Park, Preliminary P.U.D. Approved Following is the City Manager's memorandum on this item: "This is a proposal for a 46-unit preliminary P.U.D. on 7 acres zoned "R-L," located on the east side of Ponderosa, south of Mulberry and north of Orchard Place (extended). The Planning Staff recommended conditional approval of this P.U.D. to the Planning and Zoning Board, and the Board voted to recommend conditional approval as indicated by Planning staff with further conditions. The Petitioner has submitted a revised preliminary plat and letter that address all of the Board's conditions, as evidence of his agreement to the con- ditions. As noted in the attachments and minutes from the Planning and I Zoning Board, there are citizen concerns and neighborhood - opposition relating to the traffic problems occuring in this area. 1. Ponderosa Drive carries a higher traffic count than is normal for a local street, and speeding problems occur along this stretch of Ponderosa Drive. Part of this is attributed to traffic from Poudre High School. Mulberry, west from Taft Hill Road, is in poor condi- tion. Neighborhood citizens feel additional development in this area will increase these problems. The Planning and Zoning Board recommended that Council direct Staff to resolve these pro- blems. The Traffic Office will be conducting speed studies on Ponder- osa Drive soon, and will install additional sign controls in an attempt to minimize the speeding problem. With respect to the condition of Mulberry Street, the City has scheduled an improvement district on Mulberry Street be- ginning at Crestmore on the east, to about Tyler on the west, -389- 1 April 17, 1979 for the reconstruction and widening of the street, including curb, gutter, and sidewalks. The project will begin in the Spring of this year. There are no outstanding or unresolved problems with the Petitioner on this P.U.D.; and, therefore, Staff recommends approval." Planning and Development Director, Chuck Mabry, identified the area in question and briefed Council on the proposal which is recommended for approval as the petitioners have met all of the conditions on the site plan. Planning Consultant, Les Kaplan, responded to Council inquires regarding densities which he stated would be the same, as if the rezoning requests would have been granted. The fol- lowing persons spoke in support of the P.U.D.: 1. Robert Moore, 2305 W. Mulberry. 2. Charles Hoffman, 2211 W. Mulberry. Those speaking in opposition were as follows: 1. Stony Achziger, 717 Ponderosa Dr. 2. Ken Bovee, 920 Ponderosa Dr. ' 3. Mrs. Higgins, 800 Ponderosa Dr. Their concerns were traffic and pedestrian safety. Traffic Engineer, Bob Lee, reported to Council the steps taken to attempt to relieve the safety problems in this area. Councilman Wilkinson made a motion, seconded by Councilman Kross, to approve the Ponderosa Park Preliminary P.U.D. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wil- kinson and Wilmarth. Nays: None. THE MOTION CARRIED. Councilwoman Reeves requested the administration have dialogue with Poudre R-1 regarding the bike path in this area, and report back to the Council. Les Chatelets, Preliminary P.U.D. Approved Following is the City Manager's memorandum on this item: "This is a preliminary P.U.D. proposal for 16.29 acres con- sisting of 114 multiple -family residential units located be- tween Plum and Orchard Streets, generally west of Taft Hill and north of Elizabeth, zoned "R-M-P." -390- April 17, 1979 The Planning staff recommended conditional approval to the ' Planning and Zoning Board, and the Board voted to recommend approval subject to the conditions noted in the report. The Petitioners have submitted a revised plat addressing some of those conditions and also submitted a letter agreeing to the rest of the conditions, as evidence of their agreement to the Board's conditions. At the March 12 Planning and Zoning Board meeting, there was opposition from citizens residing in the Skyline Mobile Home Park and the surrounding area adjacent to this property. Sub- sequent to the Planning and Zoning Board meeting, the owners of the Skyline Mobile Home Park submitted a petition to down - zone this property from "R-M-P" to "R-L-P." This downzoning petition will be considered by the Planning and Zoning Board at their June, 1979, meeting. We expect citizen input at the Council meeting. There are no outstanding issues or unresolved problems with this preliminary P.U.D.; it is, therefore, unconditionally recommended for approval. However, given the downzoning re- quest, we would add to the recommendation for approval of the preliminary P.U.D. the following additional condition: A project of this size and complexity normally takes two to four months after preliminary approval to final- ' ize all the engineering requirements to have a final plan ready for Council s consideration. We would re- commend that Council direct that they will not consi- der a final plan on this project until acting on the downzoning petition. Timing, on both items, under normal circumstances is such that neither should be subjected to an undue delay." Mr. Carr Bieker ZVFK representing the applicant spoke in favor of the request. Councilwoman Gray requested the density question be addressed at this time. Chuck Mabry responded that the final plan de- termines the density, and usually they have less density than the preliminary plan. Mayor Bowling called for those speaking in opposition to this P.U.D. to come forward. Mrs. Charles Hoffman, 2211 W. Mulberry,.stated she and her husband have petitioned for a downzoning in this area. She added that they are objecting to the density in the area, and recommended that Council not act on this petition, until the downzoning petition is heard and voted on. -391- April 17, 1979 ' Mr. John Gilsdorf stated he would like to see this P.U.D. denied, due to the density. Councilman Wilkinson made a motion, seconded by Councilman Kross, to approve the Les Chatelets Preliminary P.U.D. Yeas: Councilmembers Bowling, Kross, Wilkinson and Wilmarth. Nays: Councilmembers Gray, Reeves and St. Croix. THE MOTION CARRIED. Ordinance Adopted on First Reading Zoning Property Known as the Linden- meier 2nd Annexation Following is the City Manager's memorandum on this item: "This is a 6.66 acre parcel located on North Lemay Avenue south of East Willox Lane. On January 18, 1978, Council approved the annexation on this property by Ordinance No. 10, 1978. The information from this meeting is attached. The zoning of this property to "R-L" was to be placed on the February 7, 1978, Agenda. This zoning was inadvertently omit- ted from that Agenda and was not caught until now. The property has already been developed under the "R-L" zone. The annexation plat was recorded and is of public record. Staff recommends approval of the "R-L" zoning for the Linden- meier 2nd Annexation." Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 48, 1979, on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Withdrawn on First Reading Rezoning Property Known as the Overland West Rezoning Ordinance Withdrawn on First Reading Rezoning Property Known as the Alpine Rezoning Following are two letters made a part hereof requesting with- drawal of these two petitions: 1 -392- April 17, 1979 On behalf of Mr. Michael Kilpatrick, petitioner for the I Overland West Rezoning, I would like to withdraw this item from the April 17, 1979 meeting of the City Council. Mr. Kilpatrick had requested a zoning amendment from the R-L to the R-M zoning district for a portion of a City -approved standard subdivision, known as the 20-acre Overland West Sub- division. The rezoning would have provided for a mixture of housing types within the, project and a higher density residential buffer between the predominant single-family portion area and West Elizabeth Street. My consultation with Mr. Kilpatrick began after review of this rezoning request by the Planning and Zoning Board. At this time, the petitioner feels that he can better accomplish the above stated and other site design objectives by re -thinking the entire subdivision as a low -density P.U.D. in the existing R-L zoning district. I respectfully request that you read this letter to the City Council so that Council members are apprised of Mr. Kilpatrick's reasons for withdrawing his rezoning request and of his present intentions to proceed with a P.U.D. for the entire property. Since ely yours, ' Lester M. Kaplan This letter is to confirm our telephone conversation and is to act as official withdrawal of our rezoning request for 400 Alpine from the City Council agenda. Thank you very much for your cooperation. Sincerely, rry L. Paul Gerald Schilling 9 -393- 1 April 17, 1979 ' Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to allow withdrawal of items No. 29 (Rezoning of Overland West) and No. 31 (Rezoning of Alpine Street). Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Denied on First Reading Rezoning Property Known as the Tomasulo Rezoning Following is the City Manager's memorandum on this item: "This is a proposal to rezone a 1/3rd acre parcel from "R-L" to "I-G," located at 1018 E. Vine Drive. The Planning Staff recommended denial of the rezoning petition to the Planning and Zoning Board based on the following rea- sons: 1. That to allow industrial uses on the subject property would be an intrusion into an already fragile neigh- borhood; 2. The uses those of as proposed would not surrounding be compatible with uses; 3. The City has and will continue to invest substantial sums of money in the area in order to stabilize the residential uses. The proposed zone would be counter- productive to those efforts. At the March 12th meeting, the Planning and Zoning Board voted also for denial of this rezoning for the same reasons. Staff recommends denial." Councilwoman Gray made a motion, seconded by Councilman Kross, to deny Ordinance No. 50, 1979, on first reading. Yeas: Coun- cilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. -394- 0 April 17, 1979 Other Business ' (1). City Manager Arnold reminded Council of the retreat on Saturday and Sunday. (2). City Manager Arnold called Council's attention to the remodeling of the Northern pharmacy. Adjournment Mayor Bowling declared the meeting adjourned at 11:15 p.m. ATTEST: City Clerk Mayor -395- 1