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HomeMy WebLinkAboutMINUTES-08/24/1976-AdjournedAugust 24, 1976 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Adjourned Meeting - 1:30 P.M. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, August 24, 1976, at 1:30 P.M. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Staff Members Present: Brunton, Case, Kaplan, Deibel, Parsons, Liley and Lewis. Also: City Attorney Arthur March, Jr. Resolution Adopted Authorizing Application for Grant Amendments in Connection with Construction and Renovation of Waste Water Treatment Plants Following is the City Manager's memorandum on this item: "In 1973 and 1974 we received E.P.A. and State Grants, a total of $8,684,000 in connection with the construction and renovation of Waste Water Treatment Plants No. 1 and 2. This does not include the grants we received for the trunk -tie line between the two plants. It now appears that we need additional revenue to complete the project. Mr. Krempel has instituted several change orders that will make the plant more efficient and thereby save us over the years operating and maintenance expense. We have reason to believe that we can receive an additional grant of $64,975 from E.P.A. and an additional grant of $15,773 from the State. Enclosed is a memorandum from Mr. Krempel on this subject including some of the background financial data. The enclosed resolution authorizes the City Manager to make application for additional grant money." Councilman Bowling made a motion, seconded by Councilwoman Gray to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 130 J 1 RESOLUTION 76-53 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO APPLY FOR GRANT AMENDMENTS AND TO EXECUTE GRANT AGREEMENTS IN CONNECTION WITH NEW CONSTRUCTION AND RENOVATIONS BEING MADE TO WASTE WATER TREATMENT PLANTS NO. 1 AND 2 OF THE CITY OF FORT COLLINS WHEREAS, the City of Fort Collins heretofore applied for and received grants from the State of Colorado and Environmental Pro- tection Agency to assist the City in constructing improvements and renovations to Waste Water Treatment Plants No. 1 and 2 of the City of Fort Collins; and WHEREAS, the cost of such construction was subsequently increased because of duly authorized change orders, unforeseen difficulties, improved technology, minor omissions and a necessary --'k 'legitimate extension -of time of such construction work; and WHEREAS, it appears additional grant money may be avai.lable to the Citv from the State of Colorado and Environmental Protection _ Agency because of such additional cost. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager be, and he hereby is, authorized and directed to apply for such additional grants as may be available from the State of Colorado, Department of Health, and EPA, to assist in meeting additional costs of constructing improvements to Waste `dater Treatment Plants No. 1 and 2, and the City Manager is further authorized and directed to execute such contract agreements and amendments as may be required in -connection with obtaining such grant. Passed, and adopted at an adjourned meeting of the City Council held this 24th day of August, A.D. 1976. ATTEST: Mayor City Clerk 131 Resolution Adopted Approving a Power Line Agreement with the Colorado and Southern Railway Company Following is the City Manager's memorandum on this item: "The enclosed resolution authorizes an agreement with the Colorado and Southern Railway Company.for an electric transmission line crossing at Park Street, in connection with the communications building on the CSU campus. The license fee is a one time charge of $200.00, to be paid by the State of Colorado." Councilman Bowling made a motion, seconded by Councilwoman Gray to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. RESOLUTION76-54 _ OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH THE COLORADO AND SOUTHERN RAILWAY COMPANY WHEREAS,- it is necessary that the City of Fort Collins , acquire a right of way for an electrical transmission line across the right of way of the Colorado and Southern Railway Company at the intersection of Park Street and the right of way of the Colorado and Southern Railway Company; and WHEREAS, a right of way agreement has been submitted by the Colorado and Southern Railway Company which will grant such right of way for a consideration of $200.00; and WHEREAS, in the opinion of the Council of the City of Fort Collins it is in the best interests of the City of Fort Collins to approve and authorize such agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of the agreement between the Colorado and Southern Railway Company and the City of Fort Collins referred to above be, and the same hereby are, accepted and approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute said agreement for and on behalf of the City of Fort Collins. 132 1 1 Passed and adopted at an adjourned meeting of the City Council held this 24thday of August, A.D. 1976. ATTEST: Ci y Clerk wol.� MF 7A m W_ Purchase of Buckingham Park Approved Following is the City Manager's memorandum and recommendation on this item: "Enclosed is a memo from Bill Holmes, Special Projects Director, concerning the acquisition of Buckingham Park. We have been negotiating for the purchase of this property since 1974. The property is zoned I-G, Industrial. One of the major points of contention in the appraisal was and is the influence of the flood plain on the value. The property in question is 5.162 acres. It was finally agreed subject to the City Council approval that the City would purchase one-half of the property for $27,000 and that the Buckeye Land and Livestock Company, Inc., would give the other half to the City at no cost. Recommendation: The Administration recommends that the City Council authorize the purchase of 2.523 acres of the Buckingham Park for $27,000 with the understanding that we would receive a deed for the other one-half at no cost. This $27,000 purchase would be paid through the Conservation Trust Fund." Councilman Suinn made a motion, seconded by Councilman Bloom to approve the recommendation of the Administration. Yeas: Council - members Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: Councilman Bloom. Changes in the Housing Rehabilitation Program Approved Following is the City Manager's memorandum and recommendation on this item: "At its August 10, 1976, work session, the Fort Collins City Council received a report on tEe Housing Rehabilitation Program. At the same time, several recommended changes in the overall policy were 133 submitted. Enclosed is a copy of the memorandum that was presented at that time. Becadserof�a heavy work schedule, -we did not put this on the August 17th Council agenda. Two of the changes are: (1) the inclusion of the relocation of families living in dilapidated structures, with demolition and possibly acquisition of such proper- ties, dated structures, with demolition and possibly acquisition of such properties, and (2) the elimination of the $3,000 limit for the housing relief program for substandard housing to exclude the cost of providing the utility services. Recommendation: The Administration recommends that the City Council -uthorize the Administration to submit an amendment to the 1976 Community Development Program to include the relocation of families living in dilapidated structures with demolition and possible acquisition of such property. Any relocation will be on a voluntary basis and any acquired property will be used for public purpose, such as a site for public housing; and (2) authorize the change to interpret the $3,000 limit for the housing relief program as excluding the cost of utilities." Councilwoman Reeves made a motion, seconded by Councilwoman Gray to approve the recommendation of the administration. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Resolution Adopted Appointing Members I to the Storm Drainage Board Following is the City Manager's memorandum and recommendation on this item: "The City Council recently adopted Ordinance No. 61, 1976, with regard to Storm Drainage and establishing a Storm Drainage Board. All five members of the present board have indicated willingness to serve as members of the official board. Charlie Muenzberg also serves as a member of the Housing Authority. He indicated to me that he would be willing to serve on both boards, but if a choice had to be made he would select the Housing Authority where he could do the most good. We have one additional person who has submitted an application for serving on this board. After the Council decides on the five members of this board we could put their names in a hat and at random select the terms of office for thefive members. Before adopting the afore- mentioned resolution, the names and the expiration date should be included. Recommendation: The Administration recommends that the Council make the selection of five members to the board and then adopt the resolution appointing the members." Selections of the five members and the expiration dates had been made at the work session.prior to the Official Council Meeting. 134 1 1 1 Councilwoman Gray made a motion, seconded by Councilwoman Reeves to insert the names in the resolution as follows: NAME OF MEMBER Fred Nussbaumer Victor R. Meline, Jr. J.W.N. Fead William Bartran Sanford Thayer DATE OF EXPIRATION OF TERM July 1, 1977 July 1, 1978 July 1, 1979 July.l, 1980 July 1, 1980 Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Councilwoman Gray made a motion, seconded by Councilwoman Reeves to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. RESOLUTION 76-55 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING MEMBERS TO THE STORM DRAINAGE BOARD WHEREAS, by Ordinance No. 61, 1976, the City Council established a Storm Drainage Board; and WHEREAS, the Council desires to establish the number of members for such Board and to make the initial appointments of members to -the Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. The number of members of the Storm Drainage Board shall be five (5). Section 2. The following persons are hereby appointed to the Storm Drainage Board with terms to expire as indicated following their names: NAME OF MEMBER Fred W. Nussbaumer Victor R. Meline, Jr. J. W. N. Fead William D. Bartran Sanford Thayer DATE OF EXPIRATION OF TERM July 1, 1977 July 1, 1978 July 1, 1979 July 1, 1980 135 July 1, 1980 Passed and adopted at an adjourned meeting of the City ' Council held this 24th day of August, A.D. 1976. ATTEST :/^ Mayor C-is-c/yam/C/lerk . Resolution Adopted -Making Appointments to Various Boards and Commissions Following is the City Manager's memorandum and recommendation on this item: "At the present time we have vacancies on the Parks and Recreation Advisory Board, Planning and Zoning Board, and Zoning Board of Appeals. Enclosed is the list of the names of the people who had previously applied along with the new applications for consideration on these three boards. The enclosed resolution is ready for adoption after the names selected by the Council are added. ' We recently received notification that Victor Baez has resigned from the Human Relations Commission. Mr. Baez has moved to Denver and has missed the last three meetings. He was going to submit an official letter of resignation but to date we have not received it. We also today received the letter of resignation from Ann Azari. We therefore have two vacancies on this Board. Unfortunately, we have not had time to contact the names of the people that were on the previous list for consideration or notified people that there are vacancies. The Human Relations Commission has suggested that Paul Salas fill the unexpired term of Victor Baez. Recommendation:. The Administration recommends that the City Council select the new member for -the three aforementioned boards and then pass this resolution." Councilwoman Gray made a motion, seconded by Councilman Bloom to insert the names in the resolution as follows: NAME BOARD EXPIRATION OF TERM Robert P. Crockett Parks and Recreation July 1, 1977 Advisory Board 136 NAME. BOARD EXPIRATION OF TERM ' Ed Van Driel Planning & Zoning July 1, 1980 Board John E. Reid Zoning Board of July 1, 1977 Appeals Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Councilwoman Gray made a motion, seconded by Councilman Bloom to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. RESOLUTION 7.6-56 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS OF THE CITY OF FORT COLLINS WHEREAS,.vacancies currently exist or shortly will exist on various boards and commissions of the City because of resignations from board membership of members of the boards; and ' WHERFAS, the City Council desires to make appointments to fill boards and the vacancies which exist or will exist on the various commissions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the following named persons be, and they hereby are, appointed as members of the boards and commissions hereinafter indicated, with terms to expire as set forth after their names: NAME OF BOARD: Parks and Recreation Advisory Board Name Expiration of Term Robert P. Crockett July 1, 1977 NAME OF BOARD: Planning and Zoning Board Name Expiration of Term Ed Van Driel July 1, 1980 137 NAME OF BOARD: Name John E. Reid Zoning Board of Appeals Expiration of Term July 1, 1977 Passed and adopted at an adjourned meeting of the City Council held this 24th day of August A.D. 1976. ���Lf/ i .. f� ✓vim.. ATTEST: . Z aLz,_� City Clerk Other Business 1. City Attorney March stated the Mayor had announced in the work session an appointment and recommended that appointment be confirmed at the official meeting. Mayor Wilkinson then announced the appointment of Councilman Jack Russell as an alternate to the Platte River Power Authority Board. Councilman Bowling then requested 5hat he be removed as the Council's representative to the DT Steering Committee. Mayor Wilkinson stated he would like to appoint Councilman Suinn to serve in that capacity and that Councilwoman Gray serve as alternate. Councilwoman Gray also asked for permission to resign as the Council's representative to the Parks and Recreation Advisory Board as they meet on Tuesday's. Amendment to Parkwood Subdivision, Fifth Filing P.U.D. Approved Following is the City Manager's memorandum and recommendation on this item: 1 138 1 "On April 13, 1976, Mr. Norman G. Alvis petitioned for a change in a setback from the west lot line for lot 169 on Kirkwood Drive in Parkwood Subdivision, Fifth Filing. This item appeared at the May 10, 1976, Planning and Zoning Board meeting. The original P.U.D. called for a 14-foot west setback requirement with lot 168 to the west having a 0 east line setback which gave a 14-foot division between buildings. Subsequently, the duplex wasconstructed on Lot 168 with an 11-foot 6-inch setback. The petitioner requested that this be reduced to 7 feet 8 inches which would still maintain more than the minimum 14-foot distance between the two buildings. The Planning and Zoning Board recommended that the matter be handled administratively providing an agreement was reached between the two adjacent property owners. Mr. Alvis indicated that he had the verbal approval from Patrick C. Powers, the present owner of the property; however, Mr. Powers would not sign the letter. The future owner Don Sendgraff did sign the letter. It is our understanding that Patrick C. Powers wants a financial consideration for this agreement. As a general rule, I do not think it is advisable to make decisions on the basis of the opinions of the various property owners. Certainly they should be consulted and their opinions evaluated. Also, in all cases where items are officially and legally petitioned, they should terminate at the City Council. ' This matter has been pending for several months. Mr. Alvis is anxious to get started on the construction of his building. We will attempt to contact Mr. Powers to notify him this is on the agenda. Recommendation: The Administration recommends that the City Council approve the revision to the Parkwood Subdivision, Fifth Filing, P.U.D. allowing the setback requirement on the west side to be reduce from 14 feet to 7 feet 8 inches." Planning Director, Les Kaplan, spoke to the change requested and added that the staff did not wish to "intervene or mediate" in what appeared to be dispute between two property owners. Councilwoman Gray made a motion, seconded by Councilman Russell to approve the amendment of Parkwood Subdivision, Fifth Filing, P.U.D. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. North Lemay Subdivision Flood Plain Variance Approved Following is the City Engineer's memorandum and recommendation on this item: 139 " The first filing of North Lemay Subdivision is a one lot subdivision on the north side of Lincoln Avenue, 481 feet west of ' North Lemay Avenue. It is partially developed with the eight U-Store-It warehouses which were built prior to the adoption of our flood plain ordinance. Richard Graham, a general partner for the development group, has requested the necessary permits to construct the remaining four U-Store-It warehouses on the site. Since this subdivision is within the flood plain, a variance is necessary before building permits can be issued. The flood plain is comprised of a floodway, the central area of the flood plain where the majority of the water is carried,'and the flood fringe where the water is shallower and less turbulent. Filling is allowed in the flood fringe to raise the ground or proposed building above the water surface elevation. However, in order to build the structure within the flood fringe the ground must be filled.enough to raise the floor elevation of a building 12 feet above the high water elevation. One foot of this 1 1/2 feet is for free board (factor of safety), and the other six inches are to provide for the increased water surface elevation from filling. The proposed floor elevations of the U-Store-It warehouses are two feet below the high water elevation. To attain compliance with our flood plain ordinance on this site, the floor elevations would need to be raised 3 1/2 feet. Our recommendation is to raise the floor elevation two feet I and allow a variance from the flood plain ordinance for the following reasons: 1. The proposed development was begun before the adoption of flood plain ordinance, and drastically revising the plans for the remainder of this development seems excessive. 2. The existing buildings are upstream from the proposed building sites and would provide somewhat of a barrier to these proposed buildings. 3. This site is in a fairly wide area of the flood plain and close to the outer limits of the flood fringe. It is an area where there would be minimum flow and turbulence during a flood. 4. The recommended filling of two feet would raise the buildings almost entirely out of the water during a 100 year storm, but would not provide the required factor of safety. We feel the above mentioned arguments reduce the need for this large a factor of safety." Councilmembers inquired into the possible liability of the City in granting the variance and the wording on the agreement with 140 1 1 1 clients regarding the fact that the building would be in the flood plain. Mr. Richard Graham, petitioner, stated the project had been presented a year ago and at that time it had been his understanding the plan would be considered as a single unit; building permit fees had been paid on eight of the twelve units. Subsequently, the flood plain ordinance had been adopted which required that he make application for a variance. Mr. Graham stated further, he had investigated the insurance question and had been satisfied that insurance would be available. He then requested that Council grant the variance to allow for the construction of the last four buildings on the same elevations submitted last year and again recently, claiming it would be a financial hardship to make the change. City Engineer Donald Parsons, gave the department's rationale for the recommendation adding "the two feet is what we considered an acceptable compromise." Councilwoman Gray made a motion, seconded by Councilman Bowling to grant the variance using the two feet recommendation of staff. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves and Russell. Nays: Councilmembers Suinn and Wilkinson. Platte River Funds for Anti -Proposition No. Three Publicity Following is a portion of the memorandum from the City Manager on this item: "At its August 17, 1976, meeting the City Council adopted a resolution opposing Proposition No. 3 concerning nuclear energy by a 3 to 2 vote. At the same time it was requested that we have on the next agenda an item concerning the advisability of the Platte River Power Authority contributing any money to the campaign against Proposition Three. It is our understanding that the Platte River Power Authority has given .$2,557.18." Councilwoman Gray stated this item had been placed on the agenda at her request and she had questions she would like to ask about. i.e. "where the monies are going, who is:supporting_it and what are the procedures on this. This is basically why I asked for this informa- tion; it came in an agenda packet and I want an opportunity to ask these questions." Albert Hamilton, general manager for the Platte River Power Authority, responded to specific Council questions regarding the formula on the amounts to be expended. o 141 Director of Utilities and Board Chairman,Stan Case,responded to the detail regarding the membership of " Coloradoans 4gainst Amendment 3", the proposed budget, the number of contributors and the manner of obtaining further donations. Councilman Bowling stated he viewed this in the same light as the contribution made by the City of Fort Collins to the Colorado Municipal League to oppose a rate hike by Mountain Bell. Mayor Wilkinson stated that as long as all of the Councils have supported this; he was still in favor of the resolution adopted by the City Council. Councilwoman Reeves expressed concern regarding the integrity of the advertising. Councilman Suinn stated "because of the action of the Council, today's discussion is very limiting to me; it's only on the question of the funding." Councilman Suinn made a motion, seconded by Councilwoman Reeves that the City Council open reconsideration of the topic of the nuclear initiative and the Council's position on that. Yeas: Councilmembers Gray, Reeves and Suinn. Nays: Councilmembers Bloom, Bowling, Russell and Wilkinson. Council then again considered the question of public funds being expended on an emotional issue such as Amendment No. 3. ' Councilwoman Gray made a motion, seconded by Councilman Suinn to instruct the City's representative to place before the Platte River Board a proposal for changing the bylaws and the procedures of the Platte River Board requiring the representatives to come back to the Councils appointing them for instructions on any proposal to spend funds in a political campaign on a controversial issue. Yeas: Councilmembers Gray, Reeves and Suinn. Nays: Councilmembers Bloom, Bowling, Russell and Wilkinson. Adjournment Mayor Wilkinson declared the meeting adjourned at 3:30 P.M. May r ATTEST: City Clerk 142 1