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HomeMy WebLinkAboutMINUTES-04/04/1989-RegularApril 4, 1989 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, April 4, 1989, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Azari, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Councilmembers Absent: Edwards Staff Members Present: Burkett, Krajicek, Roy Citizen Participation A. Proclamation naming April 7 as World Health Day was accepted by a representative from the Office of International Programs at CSU. B. Proclamation naming the week of April 9-15 as Volunteer Week was accepted by Bob Davidson, President of the Fort Collins Chapter of Directors of Volunteers and Agencies. C. Proclamation naming April 15 as Hunger Cleanup Day was accepted by Nancy Paricio, representing the Colorado Public Interest Research Group at CSU. D. Presentation of trophy to the City by the Food Distribution Center for winning 1988 City/County Food Challenge was presented by Avril Strand from the Food Distribution Center and by County Commissioner Moe Mekelburg. Liz Gerth, former Humane Society employee, expressed concern regarding the operation of the Larimer County Humane Society and asked for an investigation of the Society's practices and expenditures. Leone Coryell, member of the Board of Directors of the Humane Society, invited Council to review the Humane Society's operation. Agenda Review: City Manager City Manager Burkett stated that he would be requesting two Executive Sessions, one Session relating to the purchase of property and the other concerning litigation. He stated that there was a revised Resolution on Item #42, Resolution 89-82 Assigning Councilmembers as Liaison Representatives to Various Boards and Commissions and Appointing Councilmembers to Various Committee Assignments, and a revised Ordinance on 200- April 4, 1989 Item #40, Ordinance No. 72, 1989, Amending Chapter 4 of the Code of the City Relating to Bees. He asked the City Clerk to read the relevant changes on Item #27, Hearing and First Reading of Ordinance No. 69, 1989, Appropriating Prior Year Reserves in the Police Officers' Pension Plan. Councilmember Horak requested Item #23, Hearing and First Reading of Ordinance No. 65, 1989, Appropriating Unanticipated Revenue for the Taft Hill and Horsetooth Intersection Project, and Item #31, Resolution 89-80 Authorizing the Mayor to Enter Into an Intergovernmental Agreement for a Lease with the Colorado Department of Parks and Outdoor Recreation for Use of the Water Plant #1 Site, be withdrawn from the Consent Calendar. Councilmember Maxey asked that Item #29, Resolution 89-78 Authorizing the Acquisition of a Stanley Hydraulic Trailer Mounted Unit and Accessories to be Used by the Water and Wastewater Utility by Case Not Requiring Bidding Procedure, be removed from the Consent Calendar. Bruce Lockhart, 2500 East Harmony Road, withdrew Item #24, Hearing and First Reading of Ordinance No. 66, 1989, Appropriating Unanticipated Revenue in the Transportation Services and Technical Studies - UMTA Funds, from the Consent Agenda. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #33, Pulled Consent Items. 5. rl John Tobin has resigned as Municipal Judge, effective June 30, 1989. At a special meeting on March 14, Council unanimously adopted Resolution 89-55 Authorizing the Mayor to Enter into an Employment Agreement with Kathleen M. Allin as Municipal Judge. Ordinance No. 33, 1989, setting the Judge's annual compensation at $48,000, was also unanimously adopted on First Reading on March 14. -201- 7. )w 101 10. April 4, 1989 Police Services has been awarded a grant from the Colorado Division of Criminal Justice under the "Communities for a Drug Free Colorado" program, totalling $40,903. These funds will be used to provide additional support for the Narcotics Investigation program by funding a Data Entry Clerk, needed high-tech electronic equipment, and operating expenses. This ordinance, which was unanimously adopted on First Reading on March 21, appropriates $40,903 in grant funds for expenditure in the Fort Collins Police Services Narcotics Investigations program. Presently, there are insufficient funds in Police Services' 1989 budget to finance the purchase of all planned equipment. The total budgeted lease/ purchase funds amount to $384,740. An additional $15,000 is needed to fully fund the lease/purchase expenditures. Fourteen vans and 12 automobiles (20 replacement and six additional vehicles fn- new positions) will be purchased in 1989. The estimated cost of these vehicles included in the 1989 budget was lower than the actual bids received. This Ordinance, which was unanimously adopted on First Reading on March 21, appropriates the additional money needed to fully fund Police Services 1989 lease/purchase expenditures. The Minor Plat Ordinance has been in effect since July of 1987. Since then, the Planning Department has processed over 20 minor plat requests. During that time, staff has identified a few problems with the process and is recommending a number of small, housekeeping measures that would make this Section more workable for both the City and the development community. This Ordinance, which was unanimously adopted on First Reading on March 21, describes the proposed revisions in detail. This Ordinance, which was unanimously adopted on First Reading on March 21, rezones the Emerson Acres subdivision (34.25 acres) to remove a zoning condition requiring all development to be processed as a planned unit development. The change would allow single family -202- April 4, 1989 development to occur as a "use -by -right" under the restrictions of R-L-P zoning. The Emerson Acres parcel was annexed into the City in 1984 and zoned R-L-P with the condition that development occur as a planned unit development in accordance with the Ordinances of the City of Fort Collins. The Emerson Acres Subdivision, located at the northeast corner of South Lemay Avenue and County Road #32 (Windsor Road), consists of five lots and is designed for large, single family homes. The smallest lot is 3.74 acres. 11. Items Relating to The Lyal Nelson Annexation and Zoning A. Second Reading of Ordinance No. 38, 1989, Annexing Approximately 5.3 Acres Known as the Lyal Nelson Annexation. B. Second Reading of Ordinance No. 39, 1989, Zoning Approximately 5.3 Acres Known as the Lyal Nelson Annexation, into the RLP Low Density Planned Residential District. On March 21, Council unanimously adopted Resolution 89-58 Setting Forth Findings of Fact and Determinations Regarding the Lyal Nelson Annexation. On March 21, Council also unanimously adopted on First Reading Ordinance No. 38, 1989 and Ordinance No. 39, 1989, annexing and zoning approximately 5.3 acres, located 3/4 mile south of Harmony Road, between the Union Pacific Railroad tracks and the Southridge Greens development. The requested zoning is the RLP Low Density Planned Residential District. APPLICANT: Lyal Nelson OWNER: Same 6312 E. Harmony Road Fort Collins, CO 80525 12. Items Pertaining to the Skyview Ltd Annexation and Zoning. A. Second Reading of Ordinance No. 46, 1989, Annexing Approximately 42 Acres, Known as the Skyview Ltd. Annexation. B. Second Reading of Ordinance No. 47, 1989, Zoning Approximately 42 Acres, Known as the Skyview Ltd. Annexation, into the B-P, Planned Business, Zoning District with a PUD Condition. On March 21, Council unanimously adopted Resolution 89-62 Setting Findings of Fact and Determinations Regarding the Skyview Ltd. Annexation. On March 21, Council also unanimously adopted on First Reading Ordinance No. 46, 1989 and Ordinance No. 47, 1989 annexing and zoning -203- April 4, 1989 approximately 42.0 acres located west of South College Avenue and north of the Skyview Subdivision. The requested zoning is the B-P, Planned Business Zoning District with a PUD condition. The property is presently undeveloped. The property is currently zoned C-Commercial and FA -Farming in the County. This is a voluntary annexation. APPLICANT: James P. Ryan OWNER: Same 1355 S. Colorado Blvd. Denver, CO 80222 13. Items Pertaining to the Harmonv-Taft Hill Annexation and Zoning A. Hearing to Make Findings and Determinations Concerning the Harmony -Taft Hill Annexation. Resolution 89-75 Setting Forth Findings of Fact and Determinations Regarding the Harmony -Taft Hill Annexation. Second Reading of Ordinance No. 48, 1989, Annexing Approximately 187.75Acres, Known as the Harmony -Taft Hill Annexation. Second Reading of Ordinance No. 49, 1989, Zoning Approximately 187.75 Acres, Known as the Harmony -Taft Hill Annexation. This Resolution sets forth findings and determinations that the area is eligible for annexation pursuant to Colorado state law. Ordinance No. 48, 1989 and Ordinance No. 49, 1989, which were unanimously adopted on First Reading on March 21, annex and zone approximately 187.75 acres located south of Harmony Road and east of Taft Hill Road. The requested zoning is the R-L-P Low Density Planned Residential District. The property is essentially undeveloped with the exception of the Apostolic Faith Assembly & Lighthouse Church located on Harmony Road. This is an enclave annexation. APPLICANT: City of Fort Collins OWNERS: Free Enterprises, Inc. 1803 Garfield Loveland, CO 80537 G. D. McGarvey Lee Stark 931 Poudre Canyon Bellvue, CO 80512 Apostolic Faith Assembly & Lighthouse 1621 W. Harmony Road Fort Collins, CO 80526 -204- April 4, 1989 14. 15. 16. On March 21, Council unanimously adopted Resolution 89-70 Setting Forth Findings of Fact and Determinations Regarding Interstate Lands First Annexation. On March 21, Council also unanimously adopted on First Reading this Ordinance, which annexes approximately 20.5 acres located west of I-25 and north of Prospect Road. The property is presently undeveloped. This is a voluntary annexation. There is an annexation agreement which defines the developer's and the City's responsibilities regarding storm drainage improvements, street improvements, access and utility services affecting the future development of this property. APPLICANT: G.T. Land Colorado, Inc. OWNER: Overlook Farm, Inc. C/o Cityscape Urban Design 3555 Stanford Road 3030 South College, Suite 200 Suite 100 Fort Collins, CO 80525 Ft. Collins, CO 80525 On March 21, Council unanimously adopted Resolution 89-71 Setting Forth Findings of Fact and Determinations Regarding Interstate Lands Second Annexation. On March 21, Council also unanimously adopted on First Reading this Ordinance, which annexes approximately 171.9 acres located west of I-25 and north of Prospect Road. The property is presently undeveloped. This is a voluntary annexation. There is an annexation agreement which defines the developer's and the City's responsibilities regarding storm drainage improvements, street improvements, access and utility services affecting the future development of this property. APPLICANT: G.T. Land Colorado, Inc. OWNER: Overlook Farm Inc. c/o Cityscape Urban Design 3555 Stanford Road 3030 South College, Suite 200 Suite 100 Fort Collins, CO 80525 Fort Collins, CO 80525 On March 21, Council unanimously adopted on First Reading this Ordinance zoning approximately 34.6 acres located west of I-25 and north of Prospect Road into the R-P Planned Residential District. Staff recommends that a planned unit development condition be attached to the Zoning Ordinance. The property is presently undeveloped. -205- 17. El APPLICANT: Cityscape Urban Design OWNERS: Overlook Farm 3030 South College #200 3555 Stanford Fort Collins, CO 80525 Fort Collins, April 4, 1989 Inc. Rd. CO 80525 On March 21, Council unanimously adopted on First Reading this Ordinance zoning approximately 157.8 acres located west of I-25 and north of Prospect Road into the H-B Highway Business District. Staff recommends that a planned unit development condition be attached to the Zoning Ordinance. The property is presently undeveloped. APPLICANT: Cityscape Urban Design OWNERS: Overlook Farms, Inc. 3030 South College #200 3555 Stanford Rd. Fort Collins, CO 80525 Fort Collins, CO 80525 Second Reading of Ordinance No. 54, 1989, Annexing Approximately .171 Acres, Known as the Fort Collins/Loveland Water District Pump Station Annexation and Zoning. Second Reading of Ordinance No. 55, 1989, Zoning Approximately .171 Acres, Known as the Fort Collins/Loveland Water District Pump Station Annexation and Zoning, Into the R-F, Foothills Residential, Zoning District. On March 21, Council unanimously adopted Resolution 89-73 Setting Forth Findings of Fact and Determinations Regarding the Fort Collins/Loveland Water District Pump Station Annexation and Zoning. On March 21, Council also unanimously adopted Ordinance No. 54, 1989 and Ordinance No. 55, 1989 on First Reading. These ordinances annex and zone approximately .171 acres located west of Overland Trail and north of Prospect Road. The requested zoning is the R-F, Foothills Residential District. The property is presently developed and is the location of the water district's pump station. This is a voluntary annexation. APPLICANT: Ft. Collins/Loveland Water District OWNER: Same 4700 S. College Avenue Ft. Collins, CO 80525 19. Items Relating to Lemay Avenue First Annexation and Zoning A. Resolution 89-76 Setting Forth Findings of Fact and Determinations Regarding the Lemay Avenue First Annexation. -206- April 4, 1989 20 21 B. Hearing and First Reading of Ordinance No. 58, 1989, Annexing Approximately 3.6 Acres Known as Lemay Avenue First Annexation. C. Hearing and First Reading of Ordinance No. 59, 1989, Zoning Approximately 3.6 Acres Known as Lemay Avenue First Annexation, into the BP Planned Business District, with a planned unit development condition. This is a request to annex and zone approximately 3.6 acres of Lemay Avenue and Hoffman Mill Road right-of-way, located north of the Burlington -Northern Railroad tracks to Mulberry Street. The requested zoning is the BP Planned Business District, with a planned unit development condition. APPLICANT: City of Fort Collins OWNER: Same Items Relating to Lemay Avenue Second Annexation and Zoning A. Resolution 89-84 Setting Forth Findings of Fact and Determinations Regarding the Lemay Avenue Second Annexation. B. Hearing and First Reading of Ordinance No. 60, 1989, Annexing Approximately 6.2 Acres Known as Lemay Avenue Second Annexation. C. Hearing and First Reading of Ordinance No. 61, 1989, Zoning Approximately 6.2 Acres Known as Lemay Avenue Second Annexation, into the BP Planned Business District, with a planned unit development condition. This is a request to annex and zone approximately 6.2 acres of Lemay Avenue right-of-way, located north of Mulberry Street to Lincoln Avenue. The requested zoning is the BP Planned Business District, with a planned unit development condition. APPLICANT: City of Fort Collins OWNER: Same Items Related to the McClanahan First Annexation and Zoning. A. Resolution 89-77 Setting Forth Findings of Fact and Determinations Regarding the McClanahan First Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 62, 1989, Annexing Approximately 9.1 Acres, Known as the McClanahan First Annexation. C. Hearing and First Reading of Ordinance No. 63, 1989, Zoning Approximately 9.1 Acres, Known as the McClanahan First Annexation, Into the B-P, Planned Business, Zoning District with a PUD Condition. This is a request to annex and zone approximately 9.1 acres located west of South College Avenue and south of the REA Building, 1/4 mile south of Harmony Road. The requested zoning is the B-P, Planned 207- April 4, 1989 22. 23. Business District with a PUD condition. The property is presently undeveloped. The property is currently zoned T-Tourist in the County. This is a voluntary annexation. APPLICANTS: Fred R. 8 Dorothy L. McClanahan OWNERS: Same 5001 South College Avenue Fort Collins, CO 80525 Since before 1980, Police Services has used existing state statutes to seize money and property used in criminal activity. City Council receives annual reports on seizure activity and expenditures of funds. By statute, monies allocated by the court to the seizing agency shall not be considered a source of revenue to meet normal operating needs. These monies are used, instead, to meet expenses incurred by the agency in performing its duties which have not been funded through the routine budget process. These monies have been deposited in the General Fund and set aside in a restricted reserve for police expenditure. This appropriation of $83,164 from prior year reserves reflects seizure money on account through year-end 1988. The action has been requested by the Finance Department to allow expenditures through 1989. Awards made by the courts during 1989 will be appropriated early in i390. The Taft Hill-Horsetooth Intersection project, scheduled to be constructed from late June through August of 1989, will involve improving all four approaches to the intersection to arterial street standards using concrete pavement and improving the east half of Taft Hill adjacent to Rossborough Subdivision. This Ordinance appropriates funds for a portion of the total project. Tri-Trend Inc., developer of Rossborough Subdivision, has agreed that it is appropriate to build the east half of Taft Hill adjacent to Rossborough as a part of the City's Taft Hill and Horsetooth Intersection project. Tri-Trend is obligated by its Development Agreement to improve Taft Hill in 1989. Tri-Trend is responsible for paying the developers share of an arterial street for its section. The City will pay a portion of the project costs from the Street Oversizing Fund. The Street Oversizing Fund will pay for the oversizing costs with funds budgeted in the 1989 Street Oversizing Budget. The project budget assumes that the Street Oversizing Fund will reimburse 100% of the oversizing costs, but current policy only guarantees 60% reimbursement. If the Street Oversizing Fund is unable to reimburse 100%, the difference will be paid by Tri-Trend. The sm 24. 25. 26. 27. April 4, 1989 Capital portion of the budget is funded with 1/4 cent sales tax revenues. During the 1989 budget process, staff conducted studies of the potential use of private contractors, use of smaller vehicles on the routes, and the development of a strategic plan. These studies were completed after the 1989 budget was adopted, but were defined sufficiently to include in the City's Urban Mass Transportation Administration (UMTA) grant submitted in December 1988. UMTA has reviewed and approved the 1989 grant. Work began on January 23, 1989 to replace a structurally deficient bridge on Laporte Avenue near Frey Avenue across the Larimer No. 2 Canal. During excavation of the deficient structure, a 20" cast iron water line was uncovered 9 inches below the existing earthen floor. The new bridge required installation of a new concrete floor at the same elevation of the water line. Several alternatives have been studied to design around the conflict between the new floor and the existing water line including raising the floor,' lowering the water line, and pouring the floor around the water line. A combination of all three options has been implemented. In August of 1987, the Fort Collins Foundation contributed $3,500 to the Natural Resources Division for the purpose of providing improvements to the Gustav Swanson Nature Area Project. As of January 1, $2,331 remained, and such funds reverted to the general fund. The Natural Resources division is requesting the reallocation of those funds to the Gustav Swanson Nature Area Project for landscaping and other improvements to be made in the coming year. The funds will be transferred from the general fund and set up as a separate line item in the capital projects fund for wildlife habitat mitigation. Police Department personnel hired before April 8, 1978, have been covered by the City of Fort Collins Police Officers' Pension Plan (the "Old Hire" Plan). In September of 1988, the City Council passed two resolutions which provided for the conversion of the Old Hire Plan -209- April 4, 1989 FA wfrom a defined benefit plan to a money purchase plan. The resolution amended the Old Hire Plan to allow participating officers the option to transfer their pension contributions and earnings thereon to the City of Fort Collins Police Money Purchase Pension Plan. As most of the other arrangements to effect the transfer have occurred, this Ordinance provides the authorization for the transfer of funds from the Old Hire Plan to the Money Purchase Pension Plan. It also appropriates funds to cover pension obligations to current retirees of the Old Hire plan and appropriates the surplus remaining in the plan for general city uses that the Council may determine. M 29. This is a staff -initiated request to amend the Zoning Code to allow recycling facilities to be considered a warehouse use rather than a junkyard use. This is accomplished by adding definitions for "Recycling Facility" and "Recyclable Material", as well as amending the definition of "Junkyard". The second section of this request proposes a change to the method of calculating the required setback distance for ground signs. The Code currently requires that the setback be measured from the right-of-way line, a line which varies from one street to another with respect to distance from the curb or edge of pavement. Therefore, the right-of-way line has now become an "arbitrary" point from which to base the requirement for setbacks of ground signs. A method of determining the location of a ground sign from a "fixed" point is preferable. These changes are considered minor and/or "housekeeping" in nature and are intended to correct known problem areas in the Code. Council approval is required for Case Not Requiring Bidding purchases exceeding $20,000. Staff is requesting a purchase by this procedure from Teague Equipment Company to provide a trailer mounted hydraulic unit and accessories manufactured by Stanley Tool Company at a total cost of $26,278.50. This trailer mounted hydraulic unit with asphalt tools and pumps will add to the existing Stanley hydraulic unit the utility owns and allow the Water Utility crews more flexibility and quicker response in repairing leaks. Tools will interchange easily between the two units. Research has proven the Stanley hydraulic unit to be superior to any other currently being manufactured and the compatibility with existing equipment will assist in training and operating times. -210- 30. 31. 32 April 4, 1989 Program. IMS Infrastructure Management Systems was retained by the City in 1987 to develop and implement a comprehensive, computerized Pavement Management Program (PMP). The PMP is based on an inventory of the street system, including the results of a laser road surface survey and Dynaflect testing. It was anticipated that each year about 1/3 of the street system would be retested to update the inventory and check the accuracy of the PMP's pavement performance model. This resolution authorizes the Purchasing Agent to enter into a professional services, agreement with IMS to provide the necessary retesting and update the inventory. The Resolution would authorize the Mayor to enter into an agreement with DPOR for use of a portion of the Water Treatment Plant #1 Site for recreation uses, primarily rafting and picnicking. The lease would be for a period of five years in order to allow time to consider what the long range plans for the site should be. Routine Deeds and Easements. Utility and drainage easements from James C. Shepard and Gary E. Nordick located in the Clarendon Hills 1st Filing Subdivision. The easements have been granted to provide for drainage improvements needed to drain the Clarendon Hills 3rd Filing Subdivision. Consideration: None. Easements needed for North College Water System Improvements. (1) Easement from Sharon Lee Viney located at 508 Westwood Drive. Consideration: $2200 (Industrial Use by Right based on $22,800/A). (2) Easement from North College Mobile Plaza located at 1601 North College. Consideration: $475 (Commercial - based on $2 sq.ft.) Powerline Easement from Claude E. Herbst and Loreen M. Herbst, 115 North Shields Street, needed to underground existing overhead electric services. Consideration: $10 Powerline Easement from Warren White and Doris M. White, 1120 South College Avenue (Burger King), needed to underground existing overhead electric services. Consideration: $745:20 (186.3 sq. ft. @ $4/sq.ft) RAI -211- April 4, 1989 e. Powerline Easement from Elizabeth Herring and Cameron Thomas Herring located at Drake and Overland Trail, needed to extend existing underground electric utility duct bank. Consideration: $10. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #6. Second Reading of Ordinance No. 33. 1989. Setting the Item #7. Investigations program. Item #8. Item #9. Second Reading of Ordinance No. 36, 1989, Amending Section 29-644 of the City Code. Item #10. Item #11. A. Second mately B. Item #12. A. Second mately B. Item #13. C. Second mately ation. D. Second d n. 0 Item #14. Second Re 20.5 Acre -212- Item #15. Item #16. Item #17. April 4, 1989 Item #18. A. M Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #19. B. Hearing and First Reading of Ordinance No. 58, 1989, Annexing Approximately 3.6 Acres Known as Lemav Avenue First Annex- ation. 0 C. Item #20. B. C. Item #21. B. C. -213- II April 4, 1989 Item #22. Hearing an.'_7irst Reading of Ordinance No. 64, 1989, Appropri- ating Prior ;ear Reserves from Police Seizure Activity. Item #23. Item #24. Item #25. Item #26. Item #27. 0 Item #28. Councilmember Kirkpatrick made a motion, seconded by Councilmember Azari, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Azari, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 65, 1989, Appropriating Unanticipated Revenue for the Taft Hill and Horsetooth Intersection Project, Adopted on First Reading Following is staff's memorandum on this item: "FINANCIAL IMPACT It is necessary to appropriate Tri-Trends share of the Taft Hill Horsetooth Intersection cost in order to fund the project as it is presently proposed: -214- PROJECT BUDGET PROJECT FUNDING: EXECUTIVE SUMMARY Design R.O.W. Acquisition Construction Total Project Budget Capital Funds (114 cent necessary) Street Oversizing Funds Tri-Trend's Share of Construction Total Funding April 4, 1989 $ 39,000 6,000 969.100 $1,014,100 $550,000 306,600 157.500 $1,014,100 The Taft H0 1-Horsetooth Intersection project, scheduled to be constructed from late June through August of 1989, will involve improving all four approaches to the intersection to arterial street standards using concrete pavement and improving the east half of Taft Hill adjacent to Rossborough Subdivision. This Ordinance appropriates funds for a portion of the total project. Tri-Trend Inc., developer of Rossborough Subdivision, has agreed that it is appropriate to build the east half of Taft Hill adjacent to Rossborough as a part of the City's Taft Hill and Horsetooth Intersection project. Tri-Trend is obligated by its Development Agreement to improve Taft Hill in 1989. Tri-Trend is responsible for paying the developers share of an arterial street for its halfmile section. The City will pay a portion of the project costs from the Street Oversizing Fund. The Street Oversizing Fund will pay for the oversizing costs with funds budgeted in the 1989 Street Oversizing Budget. The project budget assumes that the Street Oversizing Fund will reimburse IOOY of the oversizing costs, but current policy only guarantees 60Y reimbursement. If the Street Oversizing Fund is unable to reimburse 100%, the difference will be paid by Tri-Trend. The Capital portion of the budget is funded with 114 cent sales tax revenues. BACKGROUND The project includes the construction of all four legs of the intersection to arterial street standards. The arterial street standard is a 70' wide street with curb, gutter and sidewalks, four travel lanes, a left turn lane and bicycle lanes. The pavement for the intersection will be concrete with 300' concrete approaches on the deceleration lanes and 150' concrete pads on the acceleration lanes. The attached sketch shows the extent of the project. Staff tried to work with the School District, so Horsetooth Road west of this project could be built 36' wide to provide access to the district's proposed new school. But, to date an agreement has not been reached, primarily due to the dispute between the City and the School District over the payment of street oversizing fees and reimbursement for street oversizing expenses. The R.O.W. areas and the landscaped areas will be seeded with native grasses and will not be irrigated. Trees will be planted in the landscaped areas as designated on the attached sketch and u -215- April 4, 1989 will be irrigated with a bubbler irrigation system. The medians will be covered with red exposed aggregate concrete and landscaped with trees and shrubs. Engineering Department is providing the project management, design, drafting, surveying, inspection, and construction management for the project. The project is scheduled to be constructed from June through August of 1989. However, the traffic signal installation has been delayed until spring 1990. The intersection will be signed as a four way stop until the signal is activated. The signal is a part of the Federal Aid Urban Systems (FAUS) projects. The FAUS project will not be approved by the State Division of Highways for construction until later this year, and it will then take 4-5 months to order and receive the signal equipment. RECOMMENDATIONS: Staff has worked with Tri-Trend over the past six months on an agreement to combine its Taft Hill Road improvements with the City's Taft Hill-Horsetooth Intersection project. By combining the two projects the disruption to the traffic in the area is reduced, a better project can be designed and built, and lower construction costs can be expected." Councilmember Maxey made a motion, seconded by Councilmember Mabry, to adopt Ordinance No. 65, 1989 on First Reading. Director of Engineering Gary Diede gave a brief presentation regarding the safety of a four-way stop situation at the Taft Hill-Horsetooth intersection and responded to questions from Council. Councilmember Horak expressed concern regarding the design of the intersection. City Manager Burkett commented on the construction schedule for the intersection and the agreement between the developer and the City. The vote on Councilmember Maxey's motion to adopt Ordinance No. 65, 1989 on First Reading was as follows: Yeas: Councilmembers Azari, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. Ordinance No. 66, 1989, Appropriating Unanticipated Revenue in the Transportation Services and Technical Studies-UMTA Funds Adopted on First Reading Following is staff's memorandum on this item: "FINANCIAL IMPACT This Ordinance appropriates $268,891 in unanticipated revenue for the funding of Transfort's capital ($209,781) and planning ($59,110) projects. ' The local match of 353,778 is appropriated in the Transfort budget. The 216- April 4, 1989 City's federal apportionment of capital funds, approximately $300,000, will ' revert to the U.S. Treasury if not used this year. EXECUTIVE SUMMARY During the 1989 budget process, staff conducted studies of the potential use of private contractors, use of smaller vehicles on the routes, and the development of a strategic plan. These studies were completed after the 1989 budget was adopted, but were defined sufficiently to include in the City's Urban Mass Transportation Administration (UMTA) grant submitted in December 1988. UMTA has reviewed and approved the 1989 grant including these projects. BACKGROUND Capital Projects: I. Facility Rehabilitation (Roadway at the Transit Facility): $65,910 The asphalt surrounding the Transfort facility failed and temporary repairs were made in 1987. A conceptual design was completed in October 1987 that identified the cost of repair at $94,090. That amount was budgeted in 1988. After further study, the causes and problems were determined to be more extensive. Replacing the asphalt base with concrete will correct the problems. The total cost of the project will be $160,000. 2. Capital Maintenance Items: $23,871 This project includes items such as major bus parts, engine rebuilds, tires, etc. and preparation costs for putting into service three newly acquired paratransit (Care -A -Van) vehicles. The three vehicles were purchased by the City utilizing UMTA capital in 1988 (95% Federal and 5% Care -A -Van). The vehicles were delivered late in the year and not readied for service until 1989. The costs to prepare these vehicles for service are included in the 1989 grant. Two 24-passenger Mini -Buses: $120,000 The recently published "Private Sector Contracting Study" identified certain bus routes as candidates for smaller coaches. These vehicles will replace the current Bluebird coaches and will help the City realize operational cost savings. The expected savings and routes will be identified in the 1990 proposed budget. As an example of the potential savings, if a mini -bus was available today and it replaced a Bluebird on Route 4, the savings would be approximately $34,000 per year. -217- April 4, 1989 ' Planning Projects: 1. Transportation Development Program (TDP): $59,110 Every five years, the City is required to prepare and approve a five-year planning document and submit it to the Urban Mass Transportation Administration. The current TDP expires this year. In 1988 Council appointed the Transportation Ad -Hoc Committee. The Committee has helped develop a Strategic Plan - a document to provide policy and direction for Transfort. On April 25, 1989, Council will meet with the Committee and staff to discuss the Strategic Plan, which will set the direction and the details, i.e. route configurations, vehicle size, costs, hours/days of operation, etc. of the Transportation Development Plan. A consultant will be hired to develop the plan. The TDP is the basis for all Federal Grants and must be adopted by November 1989 or the 1990 UMTA grant will not be available until June 1990." Councilmember Mabry made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 66, 1989 on First Reading. Bruce Lockhart, 2500 East Harmony Road, asked about the street and ' waterline improvements that were done in 1984. General Services Director Tom Frazier gave a brief presentation and responded to questions from Council. He commented on the street improvements and ;he overall costs of the project. He spoke about the effect of the drainage problems at the facility and the needed improvements. Councilmember Kirkpatrick commented on the availability of federal funds for the project and stated she would support the motion. The vote on Councilmember Mabry's motion to adopt Ordinance No. 66, 1989 on First Reading was as follows: Yeas: Councilmembers Azari, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 89-78 Authorizing the Acquisition of a Stanley Hydraulic Trailer Mounted Unit and Accessories to be Used by the Water and Wastewater Utility by Case Not Reauirina'Biddina Procedure Adopted Following is staff's memorandum on this item: -218- April 4, 1989 "FINANCIAL IMPACT I Council approval is required for Case Not Requiring Bidding purchases exceeding $20,000. Staff is requesting a purchase by this procedure from Teague Equipment Company to provide a trailer mounted hydraulic unit and accessories manufactured by Stanley Tool Company at a total cost of $26,278.50. This trailer mounted hydraulic unit with asphalt tools and pumps will add to the existing Stanley hydraulic unit the utility owns and allow the Water Utility crews more flexibility and quicker response in repairing leaks. Tools will interchange easily between the two units. Research has proven the Stanley hydraulic unit to be superior to any other currently being manufactured and the compatibility with existing equipment will assist in training and operating times. EXECUTIVE SUMMARY Teague Equipment Company is the only approved manufacturer's representative and distributor for Stanley Power Tools and systems in the Rocky Mountain Region. Staff is recommending the approval of this purchase due to the existing equipment already owned and the interchangeability of accessories. The total cost will be $26,278.50." Councilmember Mabry made a motion, seconded by Councilmember Kirkpatrick, ' to adopt Resolution 89-78. Distribution and Collection Manager Jim Hibbard gave a brief presentation and responded to questions from Council. The vote on Councilmember Mabry's motion to adopt Resolution 89-78 was as follows: Yeas: Councilmembers Azari, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 89-80 Authorizing the Mayor to Enter Into an Intergovernmental Agreement for a Lease with the Colorado] Department of Parks and Outdoor Recreation for Use of the Water Plant #1 Site Adopted Following is staff's memorandum on this item: "FINANCIAL IMPACT The lease proposes that the Parks and Outdoor Recreation Department (DPOR) utilize the Plant #1 Site at no cost. Fees charged to the public for use of the site would be used to fund improvements at the site. In exchange, ' the DPOR would be responsible for maintaining the buildings and grounds and providing security for the area. -219- April 4, 1989 IEXECUTIVE SUMMARY The Resolution would. authorize the Mayor to enter into an agreement with DPOR for use of a portion of the Water Treatment Plant #1 Site for recreation uses, primarily rafting and picnicking. The lease would be for a period of five years in order to allow time to consider what the long range plans for the site should be. In 1987, Water Treatment Plant #1 was closed as a part of a project that expanded the treatment capacity at Water Treatment Plant #2 and modified the existing diversion structure and pipelines from Plant #1 to carry river water to Plant #2 for treatment. The City has not yet decided on a long term plan for use or disposal of the site. Some analysis is necessary to determine whether the plant should be reserved for use as a peaking facility in the future or whether it should be permanently abandoned. The DPOR developed a proposal for a 15 year lease of the site, with phases of development of recreation opportunities. Staff and Water Board are recommending a 5 year lease to allow for further analysis of future options. Under the proposed lease, DPOR activity would be limited to the currently developed area around the houses at the plant. The plant itself ' would be fenced off and no public access would be allowed. The DPOR proposes to use one of the houses for staff offices and as an information center. It is proposed that the .lease include the following: I. The term of the lease will be no longer than 5 years, renewable upon approval by Water Board and City Council. 2. Development activities will be restricted to the area between the entrance and the filter building. 3. The City will not be subject to any fees for use of the area. 4. A11 improvements to the site must be approved by the City prior to construction. 5. DPOR will be responsible for the maintenance of all facilities (roads, buildings, landscaping, etc.), including prevention of runoff into the River. 6. DPOR will be responsible for repair or restoration of any damage to the grounds or facilities or any environmental damage, including wildlife habitat and water quality. 7. DPOR will provide continuous supervision of the site to prevent vandalism I and to provide policing and upkeep of the grounds. -220- April 4, 1989 Both the Water Board and the Natural Resources Advisory Board have reviewed ' this item and approved the leasing of the property for a 5-year period." Councilmember Azari made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 89-80. Water and Sewer Director Mike Smith gave a brief presentation and responded to questions from Council. Councilmember Horak commented on the terms and length of the lease and noted his support for the Water Board recommendation on this issue. City Attorney Roy reviewed the terms of the lease to be executed after City Council approval. Councilmember Mabry suggested striking reference to Water Board approval from the draft to eliminate any confusion. The vote on Councilmember Azari's motion to adopt Resolution 89-80 was as follows: Yeas: Councilmembers Azari, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Reports ' Councilmember Kirkpatrick commented on the Convention and Visitor's Bureau support for the 1998 Winter Olympic bid. Councilmember Horak mentioned the Natural Resources Symposium to be held on April 30, at the Lincoln Center with Governor Romer as the keynote speaker. Items Relating to New Note Partnership First Annexation and Zoning Postponed until June 20 Following is staff's memorandum on this item: "EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 40, 1989, Annexing Approximately 149.8 Acres Known as New Note Partnership First Annexation. B. Second Reading of Ordinance No. 41, 1989, Zoning Approximately 149.8 Acres Known as New Note Partnership First Annexation, into the IL Limited Industrial District, with a planned unit development condition. On March 21, Council adopted by a vote of 6-0 Resolution 89-59 Setting ' Forth Findings of Fact and Determinations Regarding New Note Partnership First Annexation. -221- April 4, 1989 ' On March 21, Council also adopted by a vote of 6-0 on First Reading Ordinance No. 40, 1989 and Ordinance No. 41, 1989 annexing and zoning approximately 149.8 acres, located east of Hewlett-Packard and north of Harmony Road. The requested zoning is the IL Limited Industrial District. APPLICANT: New Note Partnership OWNER: Same c/o Jack Blake, Managing Partner P. 0. Box 429 Fort Collins, CO 80522 Attached is a letter from William Reynolds requesting that the New Note First and Second Annexations and Zonings and the Koldeway Annexation and Zoning be postponed." Councilmember Mabry withdrew from discussion and vote on this item due to a perceived conflict of interest. Councilmember Horak made a motion, seconded by Councilmember Azari, to postpone consideration of Ordinance No. 40, 1989 on Second Reading and Ordinance No. 41, 1989 on Second Reading until June 20. Yeas: Councilmembers Azari, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None. (Councilmember Mabry withdrawn) ' THE MOTION CARRIED. Items Relating to New Note Partnership Second Annexation and Zoning Postponed until June 20 Following is staff's memorandum on this item: "EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 42, 1989, Annexing Approximately 97 Acres Known as New Note Partnership Second Annexation. B. Second Reading of Ordinance No. 43, 1989, Zoning Approximately 97 Acres Known as New Note Partnership Second Annexation, into the IL Limited Industrial District, with a planned unit development condition. On March 21, Council by a vote of 6-0 adopted Resolution 89-60 Setting Forth Findings of Fact and Determinations Regarding New Note Partnership Second Annexation. On March 21, Council by a vote of 6-0 also adopted on First Reading Ordinance No. 42, 1989 and Ordinance No. 43, 1989 annexing and zoning approximately 97 acres, located west of 1-25 and north of Harmony Road. The requested zoning is the IL Limited Industrial District. -222- April 4, 1989 APPLICANT: New Note Partnership OWNER: Same ' c/o Jack Blake, Managing Partner P. 0. Box 429 Fort Collins, CO 80522" Councilmember Mabry withdrew from discussion and vote on this item due to a perceived conflict of interest. Councilmember Maxey made a motion, seconded by Councilmember Azari to postpone consideration of Ordinance No. 42, 1989 on Second Reading and Ordinance No. 43, 1989 on Second Reading until June 20. Yeas: Councilmembers Azari, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None. (Councilmember Mabry withdrawn) THE MOTION CARRIED. Items Relating to the Koldeway Annexation and Zoning, Postponed until June 20 Following is staff's memorandum on this item: "EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 44, 1989, Annexing Approximately 8.1 ' Acres Known as the Koldeway Annexation. B. Second Reading of Ordinance No. 45, 1989, Zoning Approximately 8.1 Acres Known as the Koldeway Annexation, into the BP Planned Business District. On March 21, Council unanimously adopted Resolution 89-61 Setting Forth Findings of Fact and Determinations Regarding the Koldeway Annexation. On March 21, Council also unanimously adopted on First Reading Ordinance No. 44, 1989 and Ordinance No. 45, 1989 annexing and zoning approximately 8.1 acres, located at the northwest corner of 1-25 and Harmony Road. The requested zoning is the BP Planned Business District. APPLICANT: Arthur T. Koldeway OWNER: Same 6229 Co. Rd. 13 Loveland, CO 80537" Councilmember Horak made a motion, seconded by Councilmember Kirkpatrick, to postpone consideration of Ordinance No. 44, 1989 on Second Reading and Ordinance No. 45, 1989 on Second Reading until June 20. Yeas: Councilmembers Azari, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. I -223- April 4, 1989 Items Relating to the Issuance of City of Fort Collins General Obligation Water Bonds in the Aggregate Principal Amount of $11,690,000 Following is staff's memorandum on this item: "FINANCIAL IMPACT Issuance of these bonds will provide the Water and Wastewater Utility with $11,690,000 in bond proceeds. The first $5,000,000 of bond proceeds were anticipated in the 1989 annual budget and have been appropriated in the Capital Projects Fund to be used for the construction of water system improvements. Of the remaining proceeds, $6,500,000 is appropriated in the Water Fund for the acquisition of water rights and $190,000 is appropriated in the Water Fund to cover the cost of issuance. With the issuance of the bonds, the outstanding principal debt payable from the Water Fund will be $49,225,343. EXECUTIVE SUMMARY A. Hearing and First Reading of Ordinance No. 70, 1989 Authorizing the ' Issuance of City of Fort Collins General Obligation Water Bonds, Series 1989, Dated May 1, 1989, in the Aggregate Principal Amount of $11,690,000. B. Hearing and First Reading of Ordinance No. 71, 1989 Appropriating Bond Proceeds in the Water Fund. In December of 1988, the City Council adopted Resolution 88-205 which set out the water supply policies for the City of Fort Collins. The policies were based on a decision to provide enough water to meet or exceed a 1-in-50 drought over the long term. It was further resolved that to attain that goal the City should purchase 7,400 acre feet of water. The 1989 Budget includes an expected bond issuance of $5,000,000 for the modification of the water treatment plant to provide for an additional 10 million gallons per day ("MGD") treatment capacity. The additional treatment capacity will bring the total capacity to 74 MGD and construction of another treatment facility would be postponed until 1996 or 1997. Other improvements will extend the distribution system, construct a maintenance Facility for equipment, and expand the water quality laboratory. Expanded water quality testing and analysis are necessary to comply with new federal regulations. The proposed bond purchase 7,400 acr e -224- April 4, 1989 BACKGROUND These bonds are general obligations of the City, to be issued pursuant to Article V, Section 20.2 of the Charter which authorizes the issuance by the City, without an election, of general obligation water bonds. The bonds are secured by the City's covenant to levy taxes and its pledge of the net revenues derived from the operation of the water system. The full faith and credit of the City are pledged for the punctual payment of principal and interest on the bonds. Since the adoption of Resolution 88-205 setting forth the City's water supply policies, the staff of the Water and Wastewater Utility has been negotiating the purchase water rights for 7,400 acre feet (one acre foot.= 325,800 gallons) annually. Contracts are in place and the cost is not expected to exceed $6,500,000. The remainder of the bond proceeds, $5,000,000, will be used for the expansion of the water treatment p73nt and other improvements to the water system. The revenues of the Water fund are pledged toward the payment of principal and interest on these bonds. Ordinance No. 3, 1989 adopted by the Council on January 17, 1989 increased raw water requirements for new development and the monthly service fees. These increases were implemented to provide the funds needed to meet the debt service on these bonds. The bonds will be marketed between first and second reading of the Bond I Ordinance and final interest rates will be inserted in the Ordinance prior to second reading." Finance Director Alan Krcmarik explained the details of the negotiated placement of the bonds and noted the reasons for not pursuing a public sale. He spoke of the underwriting team that will serve the City as transaction managers. He indicated the strict timetable for the project. Councilmember Maxey made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 70, 1989 on First Reading. Councilmember Mabry noted his discomfort with the current process. He noted the significance of a miscalculation and commented on the market for negotiated sales for tax exempt bonds. He expressed concern about the risk involved by not introducing any element of competition in the sale of the bonds and stated he would not support the motion. He commented on the lack of expertise that City staff has in this area. Doug Houston, representing Kirchner -Moore & Company noted the details regarding a public competitive sale versus a negotiated sale in order to obtain the best interest rate and the best pricing for the City. He noted the process involved to form an underwriting group consisting of several firms from Denver. He stated he believed the City would be in an advantageous position and receive positive results from the purchase of the bonds. I -225- 1 April 4, 1989 Councilmember Kirkpatrick noted the cost savings to the City by combining the two processes and stated she would support the motion. Mayor Winokur commented on the balance of risks within the bond issue and encouraged the City to proceed with the bond sale. The vote on Councilmember Maxey's motion to adopt Ordinance No. 70, 1989 on First Reading was as follows: Yeas: Councilmembers Azari, Horak, Kirkpatrick, Maxey, and Winokur. Nays: Councilmember Mabry. THE MOTION CARRIED. Councilmember Maxey made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 71, 1989 on First Reading. Yeas: Councilmembers Azari, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 72, 1989, Amending Chapter 4 of the Code of the City Relating to Bees Adopted as Amended on First Reading Following is staff's memorandum on this item: "EXECUTIVE SUMMARY City Code Chapter 4, "Animals and Insects, Division 2. Bees," contains "Section 4-226. Keeping of bees prohibited.", which states: "The keeping declared to residents of prohibited." by any person be a menace to the city and is of bee hives in the city is the health and safety of the hereby declared a nuisance and The attached ordinance amends Section 4-226 to allow the keeping of bees under certain conditions which are summarized as follows: establishing the type of hives for beekeeping; fencing of flyways; providing adequate water supply; maintenance of hives; type of queen; colony density, ie., number of hives per lot area; required marking of hives; setting inspection authority; and establishing compliance violations. BACKGROUND Mr. Al Kilminster brought forth the, issue of raising bees within the city limits in relation to the Ridge Annexation at the public hearing before the Planning and Zoning Board on February 21, 1989. Mr. Kilminster is a property owner and resident included in the Ridge Annexation, an involuntary annexation of a county enclave. Mr. Kilminster indicated that he raises bees on his property and asked if the keeping of bees was allowed under City Code. -226- April 4, 1989 City Code Chapter 4, Section Animals and Insects, Division 2. bees, contains ' 4-226. Keeping of bees prohibited., which states: "The keeping by any person of bee hives in the city is declared to be a menace to the health and safety of the residents of the city and is hereby declared a_ nuisance and prohibited." Staff first investigated the possibility of allowing the continuation of the keeping of the bees under the non -conforming use provision of the zoning code. However, the common law, while oroviding for the continuation of non -conforming uses, does not permit a use which is declared to be a nuisance to be continued under the guise of a non -conforming use. Since Section 4-226 of City Code declares bees to be a menace to health and safety and a nuisance, the keeping of bees as a non -conforming use would not be allowed. While Mr. Kilminster was the first to raise the issue of beekeeping within the city limits, the issue is of a broader scale. As the City continues to annex properties and areas within the UGA boundary, similar rural to urban transition problems will arise. Some issues, such as the keeping of farm animals, may be addressed through the zoning code. Other issues will require a review and possible modification of other sections of City Code. The keeping of bees within the city limits is the first issue requiring a , review of existing City Code. There are essentially three options for the City to consider in order to deal with the beekeeping issue: 1. Continue to annex property within the UGA and enforce Section 4-226 which requires the property owner to remove any existing bees. 2. Delete Section 4-226 of the City Code declaring beekeeping a nuisance and allow the keeping of bees within all areas of the city. 3. Amend Section 4-226 to allow the keeping of bees under certain conditions, such as, minimum lot size, set back requirements, requirements for bee fences, etc. Staff has investigated Option N3 with the assistance Dr. Larry Johnson of the Larimer County Health Department, Dr. Whitney Cranshaw, Assistant Professor in the Department of Entomology at Colorado State University, and Dr. John G. Thomas, Extension Entomologist, of the Texas Agricultural Extension Service of Texas A&M University. Dr. Thomas provided a model beekeeping ordinance developed by the Texas Beekeeping Association in consultation with a number of city planning departments throughout Texas. Dr. Thomas has investigated and studied beekeeping problems in urban areas and the practical solutions to those problems. Over the years, problems arising in urban areas involving bees essentially resulted from: 1) disagreements between neighbors concerning other matters and bees happened to get "caught in the middle" of the -227- April 4, 1989 2) the bees -onflict, or are owned by an individual who either does not understand good beekeeping management or does not follow those practices. Dr. Thomas concludes that there is a place for bees in urban areas. Bees serve an equally important role in urban areas as in rural areas pollination. If well managed, bees will not be a problem to neighbors any more than other domestic animals. Domestic animals must be cared for properly or they pose a threat, concern or problem to neighbors. The attached ordinance amends Section 4-226 to allow the keeping of bees within the city limits under certain conditions. The conditions establish certain requirements of sound beekeeping practices. The ordinance also defines unlawful beekeeping, that is, the keeping of bees in such a manner or of such a disposition as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others, or interfere with the normal use and enjoyment of any public property or property of others. The major beekeeping conditions of the attached ordinance are summarized as follows: establishing the type of hives for beekeeping; fencing of flyways; providing adequate water supply; maintenance of hives; type of queen; colony density, ie., number of hives per lot area; required marking of hives; setting inspection authority; and establishing compliance violations. Staff believes the attached ordinance adequately defines and establishes the proper criteria for beekeeping within the city limits in order to protect public health, safety, and welfare concerns. Section 4-226 should be amended and the absolute prohibition of beekeeping within the city limits should be abolished." Councilmember Mabry made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 72, 1989 as amended on First Reading. Yolonda C. Nicely, 1625 Crestmore Place, commented on the banning of beekeeping in the city limits. Councilmember Kirkpatrick clarified that Ordinance No. 72, 1989 would allow beekeeping and the production of honey in the city limits under certain conditions. The vote on Councilmember Mabry's motion to adopt Ordinance No. 70, 1989 as amended on First Reading was as follows: Yeas: Councilmembers Azari, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Items Pertaining to the Ridge Annexation and Zoning Following is staff's memorandum on this item: -228- April 4, 1989 "EXECUTIVE SUMMARY A. Hearing to Make Findings and Determinations Concerning the Ridge Annexation. B. Resolution 89-81 Setting Forth Findings of Fact and Determinations Regarding the Ridge Annexation. C. Second Reading of Ordinance No. 56, 1989, Annexing Approximately 187.66 Acres, Known as the Ridge Annexation. D. Second Reading of Ordinance No. 57, 1989, Zoning Approximately 187.56 Acres, Known as the Ridge Annexation, into the R-L-P, Low Density Planned Residential, Zoning District. This Resolution sets forth findings and determinations that the area is eligible for annexation pursuant to Colorado state law. Ordinance No. 56, 1989 and Ordinance No. 57, 1989, which were unanimously adopted on First Reading on March 21, annex and zone approximately 187.66 acres located south of Harmony Road and west of Shields Street. The requested zoning is the R-L-P, Low Density Planned Residential, Zoning District. This is the annexation of an enclave area. The property is presently developed residentially as part of the Ridge PUD and various other residential properties along Shields Street. Existing signs on the property will need to conform to the City's Sign Code at the conclusion of a five year amortization period. APPLICANT: City of Fort Collins OWNERS: See file. Planning and Zoning Board Recommendation The Planning and Zoning Board, at its regular monthly meeting on February 27, 1989, voted 7-0 to recommend approval of the annexation and R-L-P zoning. Annexation Agreements Staff has prepared Annexation Agreements which will be used to better define the nature of non -conforming uses that exist upon properties at the time of annexation. Two, owners of property contained in the Ridge Annexation have indicated they have used their property for the purpose of raising various types of livestock. Under the proposed R-L-P zoning for the Ridge Annexation, certain types of livestock could not be reintroduced on a property if discontinued for a period of one year, or longer. The Annexation Agreements particularly define the nature of use conducted upon a property for the purpose of avoiding future disputes regarding the type of use which would be permissible under the ordinances of the City as a non -conforming use." Chief Planner Ken Waido advised Council that there had been successful negotiations with developers regarding the number and types of animals that could be kept under the R-L-P zoning. 1 �J -229- 1 April 4, 1989 Councilmember Mabry made a motion, seconded by Councilmember Horak to adopt Resolution 89-81. Yeas: Councilmembers Azari, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 56, 1989 on Second Reading. Yeas: Councilmembers Azari, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Azari made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 57, 1989 on Second Reading. Yeas: Councilmembers Azari, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 89-82 Assigning Councilmembers as Liaison Representatives to Various Boards and Commissions and Appointing Following is staff's memorandum on this item: "EXECUTIVE SUMMARY At the March 28 worksession, Council informally discussed the assignment of Councilmembers as liaison representatives to the City's various boards and commissions and the appointment of Councilmembers to various committee assignments. This Resolution would formally make these assignments until such time as the Council makes new assignments. Several assignments remain unresolved and will be decided on April 4." Councilmember Kirkpatrick made a motion, seconded by Councilmember Azari, to adopt Resolution 89-82. Mayor Winokur noted several assignments were still pending and asked if any Councilmember was interested in the'CDBG liaison assignment. Councilmember Horak indicated his interest. Councilmember Azari indicated her interest in serving on the Subcommittee for Legislative Lobbying. -230- April 4, 1989 Bruce Lockhart, 2500 East Harmony Road, suggested abolishing the Subcommittee for Legislative Lobbying since its recommendation may not represent the best interest of all Fort Collins citizens. Mayor Winokur asked if there was interest in serving as the Water Board liaison. Councilmembers Horak and Maxey indicated their interest. The results of a straw poll showed three Councilmembers supported Councilmember Horak and three Councilmembers supported Councilmember Maxey for the Water Board liaison assignment. Mayor Winokur suggested the Water Board assignment be deleted from Resolution 89-82 and brought back as a separate Resolution on April 18 when a full Council will be present. The vote on Councilmember Kirkpatrick's motion to adopt Resolution 89-82 deleting the Water Board liaison assignment and inserting the appropriate names where necessary was as follows: Yeas: Councilmembers Azari, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Executive Session Authorized Councilmember Azari made a motion, seconded by Councilmember Kirkpatrick, to adjourn into Executive Session to discuss land acquisition matters. Yeas: Councilmembers Azari, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. The regular meeting reconvened at 9:35 p.m. Resolution 89-83 Authorizing the City Staff to Take Such Actions as are Necessary to Withdraw the City's Application for a Rails to Trails Conversion of a Portion of the Burlington -Northern Railroad Rex Line Following is staff's memorandum on this item: "FItIANCIAL IMPACT The original total price for the purchase, and conversion of the Rex Line is $68,906. If Council approves this Resolution, the Light and Power Department will continue to negotiate the purchase of the property with -231- April 4, 1989 Burlington -Northern. Parks and Recreation 011 continue to negotiate with affected property owners for land acquisition for trail connections. EXECUTIVE SUMMARY This Resolution would continue to authorize the Light and Power Department purchase of land from Burlington -Northern for its use. It would rescind the prior authorization to purchase approximately 15 acres of railroad right-of-way through the use of "Rails to Trails Conversion" using Section 8(d) of the National Trails Act. BACKGROUND On October 4, 1988, Council passed Resolution 88-156 authorizing purchase and rails to trails conversion of a portion of the Burlington -Northern Railroad Rex line. The Burlington -Northern Railroad has applied with the Interstate Commerce Commission (ICC) for permission to abandon this railroad line and to allow the City to convert the rail line to a recreational trail. Approval from the ICC for this project is expected in the summer of 1989. Following passage of this Resolution in October of 1988, staff began negotiations with affected property owners along the Rex Line. These negotiations were undertaken to find acceptable routes for a recreational trail and to provide equity to these owners in the form of land trades or compensation. The goal of these negotiations was to connect our existing trail at Taft Hill Road to the City property at the intersection of Bingham Hill Road and Overland Trail. Negotiations with some of the property owners have been tentatively successful. Written agreement for these purchases have not been executed at this time. If these tentative agreements do become formal, written, executed agreements, the City will be approximately 800 feet away from completing its goal from Taft Hill to the City property at Bingham Hill Road and Overland Trail. This remaining distance of approximately 800 feet has met with significant opposition from property owners. The issue for Council consideration surrounding this Resolution will determine the method of completing the trail connection. If Council wishes to continue to pursue the rails to trails conversion, the remaining distance of trail connection would probably be made using the rail line. If Council wishes to rescind the rails to trails conversion, the completion of this trail connection would be based on future negotiations with property owners along this stretch and/or alternate stretches to reach the City property. Without the rails to trails conversion, the completion of this trail is assumed to be in the distant future. The continued pursuit of the rails to trails conversion would place the ' City in the position of having to use land against the wishes of adjacent property owners to complete this remaining piece of trail. While it is possible to provide compensation to these adjacent property owners for the -232- April 4, 1989 inconvenience of a trail along the railroad line, this would not be viewed ' as a totally equitable solution by these few property owners. In a worksession on March 28, 1989, Council reviewed the progress to date of these negotiations and the timetable for the rails to trails conversion. Council directed staff to bring the attached Resolution to Council on the April 4 1989 formal session. Council also suggested that they would consider adjourning to Executive Session on April 4 to consider specific property negotiations and legal issues surrounding rails to trails conversion. Council asked that the issue of continuing the rails to trails conversion process be placed on the agenda for its discussion. This item is presented for such discussion." Councilmember Horak made a motion to adopt Resolution 89-83. THE MOTION DIED DUE TO LACK OF A SECOND. Councilmember Mabry made a motion, seconded by Councilmember Azari, to direct staff to prepare a Resolution for April 18 that would delete from the current rails to trails application that portion of track area that is at the extreme west terminus, east to a point that is on the western boundary of the Sterling Gravel Pits, but to specify the balance of the rails to trails application to stand as it is, and that the Resolution provide for staff to proceed with utmost haste to acquire easements and/or right-of-ways from that point to the City property line on Overland Trail, in a time frame that would allow the property to be acquired by approximately July 1989 and the Resolution would direct staff if need be, after July, to proceed with condemnation to acquire the necessary easements or rights -of -way. Councilmember Kirkpatrick stated she would be more comfortable with a date based on an ICC decision rather than an actual calendar date. Councilmembers Mabry and Azari accepted Councilmember Kirkpatrick's suggestion as a friendly amendment to their previous motion. Yolonda C. Nicely, 1625 Crestmore Place, spoke against the rails to trails acquisition as an unlawful form of obtaining property. Bruce Lockhart, 2500 East Harmony Road, spoke against the use of eminent domain to seize the property. Gene Wilken, 1100 North Taft Hill Road, agreed with the previously stated comments and stated the land acquisition for rails to trails was inappropriate and promised continued opposition from the residents in Laporte. Councilmember Horak commented on the condemnation near Lemay and the Spring Creek Trail to acquire that final section of land for the trail. He stated that the property in Laporte that is under consideration is in an ' undeveloped area and noted the problems that would be encountered regarding the rails to trails issue if the property was developed. He stated he was -233- April 4, 1989 not completely comfortable with the rails to trails issue and would not be supporting the motion. Councilmember Maxey stated the accomplishments of the rails to trails program. Councilmember Kirkpatrick stated she would support the motion. Councilmember Mabry stated he believed that the Resolution was completely consistent with the desires and concerns of the majority of people living near the rail line. He stated condemnation is a court supervised process that provides for fair and reasonable acquisition of property. He stated he would support the motion. Councilmember Azari stated she would support the motion and commented on the City's vision of the trail program. Mayor Winokur commented on the City's desire to negotiate with the citizens of Laporte regarding the trail system and to formulate a plan that is in the best interest of the entire community. The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers Azari, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: Councilmember Horak. ITHE MOTION CARRIED. Other Business Councilmember Horak expressed concern regarding the Humane Society Contract and encouraged the contract issues be examined closely. City Manager Burkett commented on the City's option to monitor the terms of the Humane Society Contract. Executive Session Authorized Councilmember Mabry made a motion, seconded by Councilmember Azari, to adjourn into Executive Session to discuss personnel and litigation matters. Yeas: Councilmembers Azari, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. -234- April 4, 1989 Adjournment At the conclusion of the Executive Session, Councilmember Maxey made a motion, seconded by Councilmember Horak, to adjourn the meeting. Yeas: Councilmembers Azari, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. The meeting adjourned at 11:30 p.m. or EST: n City Clerk -235-