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HomeMy WebLinkAboutMINUTES-12/03/1985-RegularDecember 3, 1985 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, December 3, 1985, 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: Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Staff Members Present: Shannon, Huisjen, Krajicek, Lewis, Hopkins, Powers Agenda Review: City Manager Interim City Manager Shannon noted staff was asking that Item #10, Hearing and First Reading of Ordinance No. 147, 1985, Revising a Portion of Chapter 99 of the City Code Regarding the Placement of Utilities Underground, and Item #14, Hearing and First Reading of Ordinance No. 151, 1985, Vacating a Portion of Tract D, Chestnut Village at Cunningham Corner, be withdrawn from the agenda and brought back at a later date. Councilmember Ohlson asked that Item #11, Hearing and First Reading of Ordinance No. 148, 1985, Amending Chapter 84 of the Code of the City of Fort Collins Relating to Peace and Good Order, be removed from the Consent Agenda. Councilmember Estrada requested that Item #18, Resolution Authorizing Sale of the Drake Crossing Substation Site, a 3.86 Acre Parcel Located Near Drake and Taft Hill Road, 1 be withdrawn from the Consent Calendar. Councilmember Knezovich asked that Item #16, Resolution Authorizing the City Manager to Contract with Larimer County for the Provision of Social Services, and Item #19, Resolution Modifying the Policy for Boards and Commissions Appointments, be removed from the Consent Agenda. Councilmember Horak requested Item #20, Resolution Appointing an Economic Development Task Force, and Item #21a, Easements for Drainage Channel Improvements in Larkborough Subdivision, be removed from the Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items, on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. s w December 3, 1985 Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #30, Pulled Consent Items, except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled be staff or Council. These items will be discussed immediately following the Consent Calendar. 4. Approval of the Minutes of the Regular Meetingof November 5 and the Ad.iourned Meetino of November 1 1985. 5. Tabling of Items Relating to the Annexation and Zoning of Property nown as tute Annexation # . A. Tabling of the Second Reading of Ordinance No. 92, 1985, Annexing Property Known as the Stute Annexation #3. B. Tabling of the Second Reading of Ordinance No. 93, 1985, Zoning Property Known as the Stute Annexation #3. These ordinances were unanimously adopted on First Reading on August 20. The applicants have requested these ordinances be tabled on Second Reading until January 7. Adoption of the Consent Agenda will accomplish this tabling. 6. Items Pertaining to the Revision of Chapter 3A of the Code of the City of Fort Collins. A. Second Reading of Ordinance No. 131, 1985, Repealing and Re -Enacting Chapter 3A of the Code of the City of Fort Collins Regarding Appeals Procedure. B. Second Reading of Ordinance No. 132, 1985, Making Changes to the Code of the City of Fort Collins to Bring Various Chapters of the Code in Conformity with Chapter 3A. The procedure for ;appeals to City Council from the decisions of certain boards and commissions of the City is contained in Chapter 3A of the City Code. In order to remove some existing ambiguities and inconsistencies and to expound upon the desired procedure for appeal, a revision of Chapter 3A is being proposed. In addition, Council is being asked to consider complementary changes in other chapters of the Code that relate to the affected boards and commissions, so that all references within the Code to a right of appeal will incorporate the procedure described in Chapter 3A. 7. Second Reading of Ordinance No. 144, 1895, Applying and Contracting Tor Beneficial Use of Water on Behalf of the City of Fort Collins, a Municipal Corporation, and PrescCitribing the erms for Application for an Allotment of Water to Said y of Fort ColliTs by Northern Colorado Water Conservancy Uistrict. This ordinance was unanimously adopted on First Reading on November 19 and is needed to apply for the transfer of 616 acre-foot units of -85- December 3, 1985 Colorado -Big Thompson (CBT) Project water held by Fort Collins under Temporary Use Permits to a permanent Class B Contract. The Northern Colorado Water Conservancy District (NCWCD) requires that Temporary Use Permits be converted to a permanent Class B Contract after a period of five years. 8. Second Reading of Ordinance No. 145, 1985, Amendingthe Code Relating To Registration of unicipal Electors. Provisions of the new "Motor Voter" law have gone into effect and City Ordinance must be amended to make the Code consistent with state law concerning voter registration deadlines. In the past, the voter registration deadline was 32 days prior to the election. "Motor Voter" changed some statutes to extend the voter registration deadline to 25 days prior to an election, although the 32 day residency requirement remains in effect. This Ordinance was unanimously adopted on First Reading on November 19 and would make the Code consistent with the new statutes. 9. Second Reading of Ordinance No. 146, 1985, Appropriating Prior Reserves and Unanticipated Revenue in Various Funds and Transferring Appropriations Between Funds. This ordinance was unanimously adopted on First Reading on November 19. As part of the 1986 budget process, we have identified various funds which require a supplemental appropriation for 1985 expenditures. lU. Hearing and First Reading of Ordinance No. 147, 1985 Revising a Portion of Chapter 99 of the City Code Reqardinq the Placement of Utilities Underground. 11 This revision requires all utilities to be placed underground except under specific conditions. The existing ordinance is less specific and more open to interpretation. Hearing and First Readin of Ordinance No. 148, 1985, Amending Chapter 84 of the Code of the City of Fort Collins Relating to Peace and Good r. This Ordinance makes a number of changes to Chapter 84 of the Code of the City of Fort Collins, "Peace and Good Order." The changes are intended to update the criminal provisions of the Code, add certain offenses such as petty theft (including shoplifting), assault, sale or use of disguised weapons and failure to appear, cure certain jurisdictional problems and delete unnecessary or unconstitutional provisions. WM December, 3, 1985 12. Hearing and First Reading of Ordinance No. 149, 1985, Vacating the Road Right -of -Way of ounty Road 1 hrough a Portion of the Southeast Quarter of Section 36, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, Colorado. The Owners are requesting the vacation of the road right-of-way of "County Road 13" (also known as "County Road 45"). The Lemay Avenue Extension around the East side of Warren Lake is nearing completion and the road right-of-way for "County Road 13" North of this parcel is being vacated. There is no future need for "County Road 13" in this parcel. The Owners have platted Harbor Walk Estates on this property, dedicating all necessary easements. All utilities have been contacted and have indicated no problems with the vacation. 13. Hearing and First Reading of Ordinance No. 150, 1985, Vacating a Portion of Combined Parking and Utility Easements in The Villa P.U.D. The Developer is requesting the vacation of four separate areas of the access and utility easement as currently recorded for the original 1983 P.U.D. At the time of this original plan, all land areas outside the defined building envelope were dedicated as easement. The developer has received approval for revised building envelopes, portions of which encroach on the recorded easement. This Ordinance vacates those easements inside the revised building envelopes. All utilities have been contacted and have indicated no problems with the vacation. 14. Nearing and First Reading of Ordinance No. 151, 1985, Vacating a ortion of ract U, hestnut illage at Cunningham Corner. The Developer is requesting the vacation of a portion of the "Tract D" Detention Area. The pond downsizing was approved by the City in a "Revised Final Drainage Report for Five Oaks Village P.U.D. in Cunningham Corner P.U.D. and Foothills Basin Improvements - September, 1985". All utilities have been contacted and have indicated no problems with the vacation. 15. Items Filin lating to the Relocation of a Drainage Pan in Evergreen Park A. Hearing and First Reading of Ordinance No. 152, 1985, Vacating the Utility Easement between Lots 11 and 12 of Block 7, Evergreen Park Filing No. 2. B. Motion Accepting a Replacement Utility Easement from Ivan Giroux between Lots 12 and 13, Block 7,. Evergreen Park Filing No. 2. The Developer is requesting the vacation of a twelve foot wide drainage easement to accommodate a revision to the drainage system. Also, a new easement is being dedicated to accommodate the revised drainway, which is currently under review. All utilities have been contacted and have indicated no problems with the vacation. T-NA December 3, 1985 16. Resolution Authorizing the City Manager to Contract with Larimer County for the Provlsion of SOctaI Services. $152,100 of Revenue Sharing funds has been allocated to human services agencies from the Community Services Fund in the 1986 budget. Since 1981, the City has been contracting with the Larimer County Department of Human Development. Authorization of the contract including the proposed allocation of funds to various agencies is needed. 17. Resolution Changing the Subsidy Mechanism of the Rental Rehabilitation Program for the City of Fort Collins. This resolution would change the subsidy mechanism of the City's Rental Rehabilitation .Program from a shared equity deferred payment loan to a zero interest deferred payment loan forgivable after ten years. 18. Resolution Authorizing Sale of the Drake Crossing Substation Site, a .86 'cre arcel Located Near rake and aft Hi 1 Road. The City owns a 400' x 420' parcel of land across from the Drake Crossing Shopping Center. This site is appraised at $104,000. When the site was originally purchased, it was planned that an electrical substation would be constructed on the property. The Light and Power Utility recently conducted an intensive computerized study of the electrical system and it was determined that this substation site is no longer necessary. In accordance with City practices, the site was first offered to other City departments, and then to property owner's within 150 feet of the site. Two of the adjacent property owners indicated that they wished to purchase the site for the appraised value and they were asked to submit sealed bids. The purchasing agent received one bid, from Drake Crossing Ltd. Partnership, in the amount of $110,250. Sincea the bid received is greater than the appraised value, staff recommends that the site be sold to Drake Crossing Ltd. Partnership. 19. Resolution Modifying t Appointments. for Boards and Commissions City Council has directed staff to prepare this Resolution, which modifies the policy for Boards and Commissions appointments. The Resolution will extend the selection process by two weeks in order to allow the residents of the City to have public input prior to the formal appointments. The Resolution will take effect December 3, 1985. December 3, 1985 20. Resolution Appointing an Economic Development Task Force. At the November 19 meeting, Council announced the names of the twelve appointees to the Economic Development Task Force. This Task Force is the initial step in formulating an Economic Development Plan. In keeping with Council policy, the appointments were tabled to December 3 to allow an additional two weeks for public input. Prospective appointees are as follows: Dr. Philip Austin Larry Scott Dave Everitt Nona Thayer David Herrera Jose Trujillo Larry Kendall Ron Walling Barbara Schofield Lou Wymisner Doug Schotz Rich Shannon 21. Routine Easements. a. Easements for Drainage Channel Improvements in Larkborough Subdivision 1. Ersch 2. Smith 3. Hemstreet 4. Graese 5. Herbst' 6. Roach b. Storm Sewer Easements for Fox Meadows East Basin from Spring Creek Farms, Inc. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item N5. A. Tabling of' the Second Reading of Ordinance No. 92, 1985, Annexing Property Known as the Stute Annexation k3. B. Tabling of the Second Reading of Ordinance No. 93, 1985, Zoning Property Known as the Stute Annexation #3. Item #6. A. Second Reading of Ordinance No. 131, 1985, Repealing and Re_matting Chapter 3A of the Code of the City of Fort Collins Regarding Appeals Procedure. B. Second Reading of Ordinance No. 132, 1985, Making Changes to the Code of the City of Fort Collins to. Bring Various Chapters of the Code in Conformity with Chapter 3 December 3, 1985 Item N7. Second Readi ng of Ordinance No. 144, 1985, Applying and Contracting for Beneficial Use of Water on Be alf of the City of Fort Collins, a Municipal Corporation, and Prescribing the erms for Application for an Allotment of Water to Said City of Fort To7 ins by Northern Colorado Water Conservancy Ulstrict. Item 8. Second Reading of Ordinance No. 145, 1985, Amending the Code Relating to Registration of Municipal Electors. Item 9. Second Reading of Ordinance No. 146, 1985, Appropriatin Prior Reserves and Unantici ated Revenue in arious unds and Transferring ppropriations 8etween Funds. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item 10. Hearing and First Reading of Ordinance No. 147, 1985, Revising a Portion of Chapter 99 of the City Code Re arding the Placement of Utilities Underground. Item 11. Hearing and First Readin of Ordinance No. 148 1985 Amending Chapter 84 of the Code of the City of Fort Collins Relating to eace and ood-Tr der. Item 12. Hearing and First Readin of Ordinance No. 149, 1985, Vacating the oad ig t-of- ay o ounty oadThrough a ortion o t e Southeast Quarter of Section 36, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, Colorado. Item 13. Hearing and First Reading of Ordinance No. 150 1985 Vacating a Portion of Combined Parking and Utility Easements in The Villa . .D. Item 14. Hearing and First Readin of Ordinance No. 151, 1985, Vacating a Portion of Tract D, Chestnut Village at unningham Corner. Item N15. A. Hearing and First Reading of Ordinance No. 152 1985 Vacating the Utility Easement between Lots 11 and 12 of Block 7, Evergreen Park Filing No. 2. Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohl son, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. 1 December 3, 1985 Resolution Approving the Stuart Urban Growth Area Boundary Amendment to Include 80 Acres Located South of Horsetooth Road and West of Taft Hill Road, Denied Following is the staff's memorandum on this item: "Executive Summa The applicant, KimbeI J. Stuart, is requesting an amendment to the Fort Collins Urban Growth Area boundary to include approximately 80 acres located south of Horsetooth Road (extended) and west of Taft Hill Road. This area was part of the larger Foothills Area UGA boundary amendment request reviewed and denied by the City Council on November 5, 1985. The attached resolution for approval of this request includes the 1.5 units per acre density limitation condition suggested by the City Council at their October 8, 1985, work session. Background This parcel of land was included in the overall Foothills Urban Growth Area boundary amendment request but the applicant, Kimbel J. Stuart, also has applied separately for a UGA boundary change. The applicant wished to have the opportunity to proceed independently, feeling there were uniquely different qualities in regards to this property when compared with other properties contained in the larger UGA boundary request. Staff had recommended approval of the overall Foothills Urban Growth Area boundary change, of which this property was a part (located in the northern half of Area 5 on the attached map labeled MAP I). The reasons for staff support of this boundary change were the same as those outlined in detail in the combined County/City planning staff report on the Foothills Area change. These reasons are summarized as follows: 1. The UGA boundary amendment for the area is supported by the Larimer County and City of Fort Collins Comprehensive Plans. 2. The City will be the agency primarily responsible for providing utility service to the area and should have final decision authority concerning land use decisions. 3. The UGA boundary change will provide for better utilization of the land and public utilities. 4. The boundary change will not compromise the open space goals of the . community and the foothills will remain in their natural state as an aesthetic backdrop to the City of Fort Collins. In addition to the reasons listed above, the Stuart property was included in an area identified in the Larimer County Planning Department's 'Foothills Study' as having urban growth area potential. The 'Foothills Study states: -91- December 3, 1985 "The area south of Horsetooth Road extended and north of County Road 38E, footnoted for Urban Growth Area potential on Map 1 (of the Foothills Study' attached), has been identified as suitable for single-family residential land use at a density of 4 units/acre. Development at this density is not allowed outside the Urban Growth Area, according to the Intergovernmental Agreement between Larimer County and the City of Fort Collins. The purpose of this notation in the Land Use Plan is to indicate potential use if and when the area is included in the Urban Growth Area." The lack of adequate public utilities was the major reason in 1982 for limiting the change of designations in the Larimer County LAND USE PLAN for this area, and the foothills area, to the Rural Non -Farm Classification instead of approving an urban classification. Thus, the area is presently classified as Rural Non -Farm, which allows development at a density of 1 unit per 5 acres, or 1 unit per 2.29 acres in a County planned unit development. Since 1982, major utility improvements have been made and the area is now serviceable with public utilities. City water utility service is limited to portions of the Stuart property below the 5200 foot contour elevation (see attached map). The Loveland -Ft. Collins Water District, however, can provide water service to the entire property. The City and the District presently have an agreement outlining utility service areas for each agency. The agreement also states the agency which is better suited to provide utilities to a specific site should provide the service. The Stuart property, being north of County Road 38E and Harmony Road, is presently within the City's service area. However, the District may be A n a better position to provide water service to the property because of existing 18" major water transmission main adjacent to the property. In order for the District to provide service to the Stuart property, the service extension would have to be approved by the existing Steering Committee made up of Water District representatives and members of the City Council. The Stuart property has also been approved for an urban growth area boundary amendment by the City in the past. On July 26, 1982, the Fort Collins Planning and Zoning Board recommended approval to the City Council of the Stuart/Nix Urban Growth Area Boundary Amendment (Case No. 38-82A). The City Council approved the request on August 17, 1982. The request received a positive 4-3 vote by the County Planning Commission but legally failed because 5 affirmative votes are necessary for Plan amendments according to State regulations under which the County operates. If the Stuart property is added to the urban growth area, it would have to either annex into the city prior to developing (the property is presently ineligible for annexation due to the lack of contiguity) or it would have to address the Phasing Criteria of the UGA Agreement. The Phasing Criteria include requirements for public utilities and adequate off -site streets. -92- December 3, 1985 In order to satisfy the off -site street requirement, either the improvement of Horsetooth Road (extended) or Overland Trail (extended) would be required. The applicant has indicated a density higher than 1.5 units an acre would be required economically in order to satisfy the off -site street requirement. The 1.5 units per acre density limitation is in conflict with the Absolute Criteria on residential development contained in the Land Development Guidance System which requires projects to have an average residential density of at least 3 dwelling units per acre. If the Stuart property were to be annexed and zoned with a 1.5 units per acre density condition, together with a condition requiring that development of the property proceed as a planned unit development under the LUGS, the new zoning ordinance could be inconsistent with the City's planned unit development ordinance. This inconsistency could be resolved either by requiring the parcel instead to be developed only by traditional zoning or by amending the LDGS so as to allow for lower densities in certain designated areas, such as this parcel. The technical report and evaluation prepared by the planning staffs of the County and City indicate the area is suitable for urban uses and should be added into the urban growth area. Staff, however, is recommending denial of the Stuart UGA boundary amendment request. Staff feels the City Council firmly established City policy in regards to this property when they denied the Foothills UGA Boundary Amendment request on November 5, 1985. Council's decision reaffirms that the property should not be urbanized and the present rural Non -Farm classification for the area is in conformance with the City's Comprehensive Plan. The Fort Collins Planning and Zoning Board reviewed the Stuart Urban Growth Area Boundary Change request on July 24, 1985, and voted 4-1 to recommend approval of the request to the City Council. A copy of the Board's minutes is attached." Councilmember Clarke made a motion, seconded by Councilmember Estrada, to adopt Resolution 85-210. Jim Martell, attorney representing the property owner KimbeI J. Stuart, gave a history of this particular application and requested approval since the proposal is consistent with the County land use plan, utility services are available, and because it meets the philosophy of the Urban Growth Area Intergovernmental Agreement. He asked that this proposal be considered separately from the proposal of a month ago, noting it was on the east side of Overland Trail. He noted the property has urban density surrounding it and two arterial streets and again asked for approval. Ken Bonetti, 722 West Mountain, objected to piecemeal expansion of the UGA on the west and suggested a policy on urban sprawl should be developed. Councilmember Clarke made a motion, seconded by Councilmember Stoner, to amend Resolution 85-210 by deleting the fifth WHEREAS clause and amend the -93- December 3, 1985 "NOW, THEREFORE" clause by deleting everything after the words "and is hereby approved". Councilmember Clarke felt the density needed to be higher than 1.5 units per acre if Horsetooth or Overland Trail were extended into this property in order to make development economically feasible. He noted the Master Street Plan shows Overland Trail is scheduled to be a major arterial and he felt the area should be included in the UGA and allowed to develop to a reasonable urban density. Councilmember Estrada felt approval of the Resolution would open the flood gates to development along the foothills and would destroy the quality of life in Fort Collins. Councilmember Stoner felt it was necessary for the City to control this area rather than allowing development outside the City's jurisdiction. He supported including the property in the UGA. Councilmember Clarke felt it was important to acquire the property in a planning sense so the City can guide the planning and development for the betterment of the community. The vote on Councilmember Clarke's amendment to Resolution 85-210 was as follows: Yeas: Councilmembers Clarke, Horak, Knezovich, and Stoner. Nays: Councilmembers Estrada, Ohlson, and Rutstein. THE MOTION CARRIED. Councilmember Knezovich noted he voted for the amendment to the Resolution, but felt the decision on the property's inclusion in the UGA could be deferred for many years. Councilmember Horak asked if the intent of the Resolution was to have development occur below the 5200 foot contour. Councilmembers Clarke and Estrada noted they would accept Councilmember Horak's suggestion as a friendly amendment to the original motion. City Attorney Huisjen suggested the phrase "provided that development shall be located below the 5200 foot level" be added to the "NOW, THEREFORE" clause. Councilmember Horak noted he would support the Resolution as amended so that the City would control the development. Mayor Rutstein felt the City could work with the County to make its development as rural non -farm and opposed its inclusion in the UGA. The vote on Councilmember Clarke's motion to adopt Resolution 85-210 as amended was as follows: Yeas: Councilmembers Clarke, Horak, and Stoner. Nays: Councilmembers Estrada, Knezovich, Ohlson, and Rutstein. -94- December 3, 1985 THE MOTION FAILED. Secretary's Note: See further consideration of this item on Page 112. Resolution Waiving the Off -Site Street Improvements and One -Sixth Contiguity Requirement for Development in the UGA (Known as Country Club PUD), Adopted Following is the staff's memorandum on this item: "Executive Summary This is a request to waive the off -site street improvement requirements and the one -sixth contiguity to existing development requirement for the Fort Collins Country Club PUD, located west of the Fort Collins Country Club facilities, zoned R, Residential. The PUD consists of 43 single family residential lots on 12.3 acres. Background Surrounding zoning and land uses are as follows: N: R; Country Club Golf Course S: R; Cove PUD, Sherell Acres E: R; Country Club Golf Course W: R; Long Pond In order to develop in the UGA, the following criteria must be met or waivers to the requirements must be approved: 1. Public water 2. Public sewer 3. Minimum water pressure of 30 psi 4. Public street capacity (improving on and off -site streets to Master Street Plan standards) 5. 1/6 contiguity to existing development 6. Agreement between City and water and sewer districts on standards for installation Country Club PUD can meet thesecriteria with the exception of public street capacity and 1/6 contiguity,.therefore waivers are requested. The Larimer County Commissioners may waive phasing criteria for development in the UGA provided that: I. Such waiver is approved by the governing body of the adjoining municipality. 2. The waiver will not result in unplanned expense for provision of public services, improvements or facilities. 3. The waiver is consistent with the intent and purpose of the -95- December 3, 1985 County's and City's Comprehensive Plans and Policies. 4. The waiver application contains material indicating approval may be granted without substantial detriment to the intent and purposes of the Supplementary Regulations applying to the area. 5. The waiver application contains material indicating there are exceptional circumstances applying to the specific piece of property that do not generally apply to the remaining property in the UGA. 6. The waiver application contains material indicating approval would not impair the public health and safety by creating undesirable traffic or sanitary conditions or adverse environmental influences in the area. The proposed waiver request meets the intent of the applicable waiver criteria. Specifically, the proposed development does not create unplanned expenses for provision of public services, because the existing public services are adequately sized to serve the development. The plan is consistent with existing policies regarding infill development and the full utilization of existing services. The necessary documents were submitted correctly describing the existing land uses and traffic impacts. The UGA Agreement requires that streets be constructed to City standards to the nearest improved arterial or a waiver must be granted. In terms of off -site street improvements for Fort Collins Country Club PUD, the developer would be responsible for building County Road 50E to Lemay Avenue, and Lemay back to Lincoln Avenue. Lemay would have to be built to collector standards south to Willox Lane (1/2 mile) and to arterial standard back to Lincoln (1 1/2 miles), resulting in substantial cost and possibly making the proposed development economically unfeasible. If a waiver is granted, a waiver fee of $700/unit would be required. This waiver fee essentially covers the cost of the proposed development's impact on existing streets. The waiver fee in concept is philosophically similar to the City's Street Oversizing Fee. The City Department of 'Transportation has reviewed the attached traffic impact information and based on the level of impact on the adjacent streets, does support a waiver for the PUD provided the waiver fee of $700 per unit is paid. County Engineering agrees with this recommendation. The fee is normally paid to the County at the time of building permit issuance and is designed to fund needed improvements in the area. The UGA Agreement requires 1/6 contiguity to existing development as defined in the attached "Appendix C". Subdivisions with public improvements in place or guaranteed, qualify as existing development. The attached narrative, provided by the applicant explains how the project's location, between the existing Country Club Golf Course and Long Pond, makes the criterion difficult to achieve. The recently approved Cove PUD does not yet have public improvements in place, but Sherell Acres (to the South), Country Club Heights (north and east of the Golf Course) and the Country Club facilities (to the east) surround the property and have been developed. Staff agrees that these can reasonably be considered the December 3, 1985 ultimate use of the land, and given existing development patterns in the area, does support the waiver. The intent of contiguity requirement was to discourage premature development and excessive public service costs. It does not appear that this goal would be compromised if the waiver is approved, since public services are readily available, and it is essentially an infill project." Councilmember Stoner made a motion, seconded by Councilmember Clarke, to adopt Resolution 85-226. Councilmember Ohlson noted the waiver process was intended to be used sparingly and asked what the criteria was for determining the impact of a development of this size on the streets and services in the area. Traffic Engineer Rick Ensdorff explained the process for evaluation and noted a traffic impact study was required. He stated the impact on the existing roadway would be minimal. Councilmember Horak asked what the waiver fee would be used for in the County. Rick Ensdorff stated he understood the money would be pooled and used for needed traffic improvements within the adjacent area. Acting Community Development Director Linda Hopkins noted the area was divided into quadrants and anticipated the street improvements would be made near the City limits. Bob Everitt, Everitt Enterprises, noted he was available for questions. Councilmember Stoner noted it was not practical to spend several million dollars for street improvements for 43 units and noted he would support the Resolution. i Councilmember Clarke felt 43 units would not make a significant difference in terms of traffic, street maintenance, etc. Councilmember Horak noted he would need to know how the County plans to spend the waiver fees to alleviate traffic concerns on North Lemay before he could support the proposal. Mayor Rutstein expressed concern about 'development in the area. She noted she would support this waiver but not many more in view of the impacts the A-B project will have on the area and Country Club Road. The vote on Councilmember Stoner's motion to adopt Resolution 85-226 was as follows: Yeas: Councilmembers Clarke, Estrada, Knezovich, Ohlson, Rutstein, and Stoner. Nays: Councilmember Horak. THE MOTION CARRIED. -97- December 3, 1985 Citizen Participation A. Proclamation Naming December 15-21 as Fort Collins DUI Awareness 'Reek was accepted by Police Chief Bruce Glasscock. B. Recognition of Jack Curfman for Exemplary Contribution to the Community. Jim Weitz and Alyce Milton, Cultural Resources Board, read a Resolution of the Cultural Resources Board paying tribute to Mr. Curfman. John De Land, 400 South Grant, asked when the Council would be acting on an ordinance regulating the transportation of hazardous materials. Interim City Manager Shannon replied the ordinance was tentatively scheduled for January 7. Councilmember Knezovich stated there was state legislation proposed that would preempt local power in these areas. He suggested staff and Council time would be better spent lobbying the state representatives to draft strong state legislation rather than drafting a local ordinance. Councilmember Ohlson noted he would prefer local action and also to continue the lobbying effort. He was not confident the state would enact satisfactory legislation. Councilmembers' Reports Councilmember Knezovich gave an update for the 1986 state legislative session. He noted highway funding and liability issues would be among those discussed. Councilmember Horak spoke on the proposed state wide sales tax to fund water projects and noted he would like staff to draft a Resolution objecting to this. He asked staff to take a look at the seat belt issue as it pertains to buses. Mayor Rutstein complimented the snow removal crews and commended the water and sewer crews for their work in repairing the water main near Fort Collins High School. Resolution Modifying the Policy for Boards and Commissions Appointments, Adopted as Amended following is the staff's memorandum on this item: I" December 3, 1985 "City Council has directed staff to prepare this Resolution, which modifies the policy for Boards and Commissions appointments. The Resolution will extend the selection process by two weeks in order to allow the residents of the City to have public input prior to the formal appointments. The Resolution will take effect December 3, 1985." Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to adopt Resolution 85-225. Dick Beardmore, 2212 Kiowa Court, suggested formalizing comments from board and commission members, chairs, and support staff. Councilmember Knezovich proposed amending the Resolution to include members of boards and commissions in the process in the second WHEREAS and Section 2. Councilmembers Ohlson and Stoner noted they would accept the amendment to the original motion as a friendly amendment. The vote on Councilmember Ohlson's motion to adopt Resolution 85-225 as amended was as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Appointing an Economic Development Task Force, Adopted as Amended Following is the staff's memorandum on this item: "At the November 19 meeting, Council announced the names of the twelve appointees to the Economic Development Task Force. This Task Force is the initial step in formulating an Economic Development Plan. In keeping with Council policy, the appointments were tabled to December 3 to allow an additional two weeks for public input. Prospective appointees are as follows: Dr. Philip Austin Larry Scott Dave Everitt Nona Thayer' David Herrera Jose Trujillo Larry Kendall Ron Walling Barbara Schofield Lou Wymisner Doug Schotz Rich Shannon " Councilmember Clarke made a motion, seconded by Councilmember Estrada, to adopt Resolution 85-219 deleting the name of Doug Schotz and adding the name of Denise LaRue. -99- December 3, 1985 Diane Busch, Bellvue, representing the Fort Collins Task Force on Women, read a statement expressing reservations about the selection process and suggested the Task Force should have wider community representation. She felt the time frame for the Task Force to complete their charge was too short and that their meetings should be public. She noted the Women's Task Force would be willing to meet with this Task Force. Ken Bonetti, 722 West Mountain, suggested the Task Force was local intervention in economic development and expressed opposition to the composition of the Task Force and to the selection process used. He noted there were no environmentalists, social service representatives, small business representatives, or CSU representatives. He suggested the City start over with new process, take applications, consider demographics, interview applicants, and establish a four week public input and comment time period. Jim Woodward, 400 South Grant, agreed with the previous comments and suggested the process be started over, be consistent with other board and commission application procedures, and provide more citizen participation. Liza Daley, 400 South Grant, addressed the individuals proposed and suggested they were not representative. She expressed concern about the ratio of men to women and urged the whole process be redone. Dick Beardmore, 2212 Kiowa Court, felt the merchant and arts community needed to be represented. Councilmember Estrada clarified the purpose of the Task Force noting it was not an economic council or a permanent board or commission. Councilmember Clarke gave background on the appointees and noted he felt they were a diverse group. Councilmember Ohlson opposed the process used and noted he would oppose the Resolution. He suggested adding three to five persons to the Task Force. Councilmember Horak noted he too opposed the composition and process used to select the Task Force. Councilmember Ohlson made a motion to amend Resolution 85-219 by adding three additional names to the Task Force. THE MOTION FAILED FOR LACK OF A SECOND. The vote on Councilmember Clarke's motion to adopt Resolution 85-219 was as follows: Yeas: Councilmembers Clarke, Estrada, Knezovich; Rutstein, and Stoner. Nays: Councilmember Horak and Ohlson. THE MOTION CARRIED. -100- December 3, 1985 Ordinance Adopting the 1986 Pay Plan, Adopted on First Reading Following is the staff's memorandum on this item: "Executive Summar Each year the City Council adopts the.pay plan which sets the salaries of City employees. This year a new type of pay plan has been developed to meet the Council's goal of rewarding employee performance. Background The 1986 Pay Plan is based on a performance pay system which includes labor market increases to base salaries and performance bonuses. The purpose of the changes in the pay plan is to place a greater emphasis on rewarding superior day to day performance by employees who are at the top of their pay range. By providing money to departments to be distributed to these employees, we encourage department heads to take an active role in setting employee salaries. The Council budgeted a total of $1,150,000 for increases in salaries and benefits for 1986. Of that amount, $1,035,000 was designated for salaries and $115,000 for benefits. In the General Fund, $504,000 is budgeted for salaries, and $56,000 for benefits. The average increase to base salary across all pay lines is 2.5%. A total cost of S964,701, including the 3% bonus pot available to some employees, is projected. This can be broken down into a General Fund increase of S459,058 and an increase of $505,643 for all other funds. The effect of these projected salaries on the amounts budgeted are as follows: Total Budget , General Fund $1,035,000 Total budgeted $504,000 Total Budgeted - 964,701 Cost of Plan 459,058 Total Cost of Plan $ 70,299 q 4�4-2 The balance of the amount budgeted for the pay plan will be available for department head raises which will be approved by the City Manager. Any of this money not used will be a fund balance." Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to adopt Ordinance No. 155, 1985 on First Reading. Interim City Manager Shannon explained the process used 'to develop the pay plan. Scott Goff, 800 West Prospect, Fraternal Order of Police President, noted he was representing 80 members and 30 additional persons. He stated he felt the pay plan had been presented to employees with deceit and deception -101- December 3, 1985 and noted the pension plan problems he felt it would cause. He asked that the ordinance be tabled and discussed with City employees and asked for Council participation on an informational basis. He stressed that the issue was trust and asked for a contract or written agreement with the FOP. Justus Wilkinson, 429 South Whitcomb, supported the tabling request and suggested negotiations with the Police Department. Jan Frausel, Municipal Court employee, asked for tabling and noted a lack of information about the plan. Wayne Shortridge, 3000 Alamo, Light & Power employee, gave history of personal problems in obtaining PAQ points and asked that the ordinance be tabled. Joe Clingan, Vice -President of the Fraternal Order of Police, stated pay was not the issue. He felt the pay plan was not functional and would destroy morale. He asked for a meeting with concerned employees. Glen Levy, Poudre Fire Authority, expressed concern about the three separate plans for bonus pay in the Poudre Fire Authority. He noted there had been no employee contact regarding how the process works and asked that the ordinance be tabled. Rod Farrar, Light & Power employee, expressed concerns about the term "median" and asked for tabling. Councilmember Ohlson noted he respected the police profession and the other City staff members. He expressed support for the Pay Plan and noted it was not perfect nor was the development process. He stated "median" did not translate to "average" and noted it was a "Median Plus 3" plan, not a "median" plan. He felt the implementation process should be designed to increase trust. He noted the Plan was an attempt to fairly pay for performance. Councilmember Clarke noted he recognized that pay was a sensitive issue. He noted communication problems in an organization the size of the City were unfortunate but typical. He agreed that City employees were not "average or median" and suggested another word should have been used. He stressed effort on both sides would make the plan work. Councilmember Estrada felt the quality of City employees was superb. He felt the Pay Plan was fair and stressed the need for improved communication. Councilmember Knezovich noted this was a tight budget year and noted he felt tabling the ordinance would result in a pay freeze. He suggested further dialog prior to Second Reading. Mayor Rutstein felt the PAQ issue was getting out of perspective and noted it was just one tool used to get a job classification system in place. She felt goal setting and job evaluations were other important components of -102- December 3, 1985 the system. She supported the plan and noted staff would monitor it and make changes as needed. The vote on Councilmember Knezovich's motion to adopt Ordinance No. 155, 1985 on First Reading was as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinances Relating to the Salaries of the City Attorney and Municipal Judge, Adopted on First Reading Following is the staff's memorandum on this item: "A. Hearing and First Reading of Ordinance No. 153, 1985, Fixing the Salary of the City Attorney. B. Hearing and First Reading of Ordinance No. 154, 1985, Fixing the Salary of the Municipal Judge. City Council has met in Executive Session to perform the annual evaluations of the City Attorney and Municipal Judge. These two ordinances will establish the 1986 salaries for these two individuals. Council needs to determine the dollar amount to be inserted in the blanks in each ordinance." Councilmember Knezovich made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 153, 1985 on First Reading inserting the figure $54,000 per annum as the salary of the City Attorney. Councilmember Knezovich noted this increase represented both a cost of living and a merit increase and would place Mr. Huisien at the.median of the 18 entities surveyed. Councilmember Horak noted he could not support a 10% raise. Councilmember Ohlson noted he would not ;,support the Resolution and suggested moving toward the median spot over:a'longer•time period. The vote on Councilmember Knezovich's motion to adopt Ordinance No. 153, 1985 was as follows: Yeas: Councilmembers Clarke, Estrada, Knezovich, Rutstein, and Stoner. Nays: Councilmembers Horak and Ohlson. THE MOTION CARRIED. Councilmember Knezovich made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 154, 1985 on First Reading inserting the figure $47,483 per annum as the salary of the Municipal Judge. Yeas: Councilmembers -103- December 3, 1985 Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner None. THE MOTION CARRIED. Ordinance Amending Chapter 84 of the Code of the City of Fort Collins Relating to Peace and Good Order, Adopted on First Reading Following is the staff's memorandum on this item: "Executive Summa Nays: This Ordinance makes a number of changes to Chapter 84 of the Code of the City of Fort Collins, "Peace and Good Order." The changes are intended to update the criminal provisions of the Code, add certain offenses such as petty theft (including shoplifting), assault, sale or use of disguised weapons and failure to appear, cure certain jurisdictional problems and delete unnecessary or unconstitutional provisions. Background The following is an explanation of the changes made to Chapter 84 by the Ordinance: 1. Section 84-1E is changed from "Congregating on private or public property without permission" to "Trespass" and the wording is clarified. 2. Section 84-1F, "Disorderly conduct", is amended to clarify the language and include a subsection contained in the State statute on disorderly conduct which relates to displaying a deadly weapon in a public place in ap alarming manner. 3. Section 84-2C is amended so that it is no longer unlawful for a person to appear in public "in a state of dress not belonging to his, her or their sex" and to clarify the language concerning indecent exposure. 4. Section 84-2D, "Solicitation of drink", is repealed due to its unconstitutional discrimination against women. 5. Section 84-2E, "Use of vulgar, profane or indecent language", is amended to update the language of the section. 6. The definition of "public place" was added to the Code in 1980 but was placed in the wrong location in the Code by the codifier. The Ordinance moves the definition to a new Section 84-10, "Definitions", so that it applies to all of Article I of Chapter 84 (Section 84-1 through 84-10). -104- December 3, 1985 7. Section 84-3A is changed from "Injuring or removing property" to "Criminal mischief" and the wording is changed to language similar to that contained in the State statute. The section is also limited in applicability to damage valued at under $300.00 so that felony criminal mischief is not covered by the Ordinance. The reason for this is that the District Courts have exclusive jurisdiction over felonies. This limit is contained in other sections of the Ordinance, as described below. 8. Section 84-3E is added to prohibit theft of things valued at less than $300.00. The language is similar to the State statute on theft. 9. Section 84-3F is added to specifically cover theft of rental property valued at less than $300.00. Again, the language is similar to that found in the statutes. 10. Section 84-3G is added to make concealment of goods prima facie evidence that theft was intended. This section is similar to the State statute and is useful in shoplifting cases. 11. Section 84-4B, "False report of crime", is amended so that informal statements or reports are not prohibited. 12. Section 84-4C is amended to cover interference with all public officers, including firefighters and city officials, not just police officers. In addition, the offenses of interference and resisting arrest are separated into two offenses set out in two separate subsections. 13. Section 84-5B, "Throwing of missiles", is amended so that it is no longer unlawful to throw a stone, snowball, etc., at a tree. 14. Section 84-50, "Disguised weapons prohibited", is added to prohibit the sale or use of weapons that are disguised as something other than a weapon. 15. Section 84-6D, "Hanging on moving vehicles", is deleted because it is covered in the Model Traffic Code as adopted by the City. 16. Section 84-7, "Fortune telling prohibited", is deleted because of case law from around the country indicating that this type of ordinance may be unconstitutional. Section 84-8 and 84-9 relating to "bucket shops" are deleted because they are unnecessary. flew Sections 84-7 through 84-10 are added as follows: Section 84-7, "Assault", is added so that misdemeanor assaults can be handled in Municipal Court. Section 84-8, "Failure to obey summons or notice", is added so that it is unlawful to fail to appear in/Court for a violation -105- December 3, 1985 of the Code. (A similar provision is contained in the Model Traffic Code but relates only to traffic offenses.) Section 84-9, "Legislative intent", is added to make it clear that only misdemeanor offenses, not felonies, are intended to be covered by the Code. Section 84-10, "Definitions". (See paragraph 6, above.) 17. Article III of Chapter 84, "Conduct at fires", is deleted because its provisions are covered in the Uniform Fire Code as adopted by the City. As to the addition to the Code of the crime of petty theft (including shoplifting), this has been requested at various times in the past by members of the general public as well as the Fort Collins Police Department and Colorado State University Police Department due to the frustration with the limited amount of time available to handle such cases in the County Courts due to the volume and priority of alcohol -related traffic offenses. Although the addition of these sections to the Municipal Code will increase the number of cases handled by Municipal Court, it is not anticipated at this time that the increase will necessitate the addition of staff persons for the Municipal Court or the City Attorney's office." Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 148, 1985 on First Reading. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Authorizing the City Manager to Contract with Larimer County for the Provision of Social Services, Adopted Following is the staff's memorandum on this item: "Executive Summary $152,100 of Revenue Sharing funds has been allocated to human services agencies from the Community Services Fund in the 1986 budget. Since 1981, the City has been contracting with the Larimer County Department of Human Development. Authorization of the contract including the proposed allocation of funds to various agencies is needed. Background In 1981 the City of Fort Collins turned over the responsibility for administering its funding of social service agencies to the Larimer County Department of Human Development. Prior to that time, individual contracts between the various agencies and the City of Fort Collins were utilized. -106- December 3, 1985 The City had the responsibility for paying each individual agency, while actual monitoring of the agencies' performance was done by the County's Department of Human Development. The mechanism for City funding of social services has evolved to a single contract with Larimer County whereby the City conveys funds to the County and the County distributes those funds among social service agencies as agreed to by the City and monitors the performance of the individual agencies. Loveland handles their funding of social service agencies in the same manner. The County Department of Human Development thus coordinates a county -wide program funded by contributions from Fort Collins, Loveland and the County. The proposed allocation of City funds was developed by the Human Resources Committee, a sub -committee of the Larimer County Community Action Board whose members are appointed by the City Councils of Loveland and Fort Collins, and the County Commissioners. The Committee was comprised of three residents from each of Fort Collins, Loveland and the County. Fort Collins representatives were Sam Blanco, David Lipp and Paul Loopo. In reviewing the 25 applications for funding, the Committee developed and used a services priority rating system to facilitate the allocation process and determine the allocated amounts. Funding requests totaled $111,000 above the anticipated available revenue. Each agency presented it's application in person to the Committee. The resultant allocations reflect the Committee's emphasis on funding agencies that provide essential human needs. (The priority rating system is attached.) The 1986 Human Resources program has projected total contributions of 5270,822. The proposed $152,100 contribution from Fort Collins represents 56% of the total program while the County share is 31% and Loveland is contributing 13%. Proportionate contributions for the 1985 program were: Fort Collins -- 59%; County -- 31%; and Loveland -- 10%. The proposed allocation of Fort Collins' 1986 contribution of $152,100 is as follows: Bellvue Senior Center $ 33 Care -A -Van 5,463 Colorado Rural Legal Services 3,716 Crisis & Information 26,842 Crossroads 6,635 Handicapped Information.Office 6,242 Home Helps 18,579 Larico 6,193 Larimer County Alcohol Services 5,839 Larimer County Food Distribution Center 7,688 Women's Center 11,705 Money Management 2,229 Neighbor to Neighbor 9,953 RSVP 2,283 Saint 5,693 Sunshine School 3,280 United Day Care Center 10,616 Volunteer's Clearing House 4,157 L' -107- December 3, 1985 J TOTAL Program Funding $ 137,146 Administration & Contingency $ 20,831 TOTAL Allocated $ 157,977 ** ** Note that the total allocation for 1986 exceeds our 1986 contribution by $5,877. This amount has been included due to the carryover of unexpended 1985 funds. The total allocations for all agencies included in the 1986 Human Resources program are attached, along with a listing of the purpose of each agency and intended use of funds. Half of the agencies proposed to receive allocations from Fort Collins have also received CDBG funding for the 1985/86 program year which began in October. These agencies and their CDBG funding are: Care -A -Van $ 6,120 Crossroads 16,000 Handicapped Information Office 15,573 Neighbor to Neighbor 233,168 SAINT 15,820 Sunshine School 106,990 Women's Center ) United Day Care ) 33,000 Volunteer's Clearing House ) Two of the agencies receiving City funds in 1985 have not been allocated funds for 1986. They are Hospice and Palmer Drug Abuse. Hospice did not receive funds because of the increased demand within the County for more basic services. The Committee felt that Hospice did not meet the criteria of providing essential human service needs to low-income, elderly and handicapped clients in Larimer County. Palmer Drug Abuse was allocated $2000 of City funds for 1985. The program was reorganized and now operates under the name of Recovery Unlimited. This agency did not use their 1985 allocation which has been returned and is included in the 1986 allocations. Recovery Unlimited did not apply for any funds this year. Four of the agencies included in the City allocation for 1986 did not receive any City funds last year. These agencies include SAINT, Money Management, the Food Distribution Center and the Bellvue Senior Center. The City's contribution to the SAINT program is based on projected origin of clients for 1986. SAINT estimates that 99% of clients served would be from Fort Collins. The Bellvue Senior Center projects serving 2% Fort Collins residents based on 1985 service data. m December 3, 1985 The Money Management program was actually funded in 1985, but under the allocation to Neighbor to Neighbor. At the request of the Human Resource Committee, these two programs submitted separate proposals this year and were funded separately. The Food Distribution Center was funded this year as a new program that significantly contributes to the number one priority of providing basic services. The Center will be a clearing house for distribution of food to 35 agencies that have feeding programs and emergency food services for the low-income, elderly, and handicapped." Councilmember Stoner asked that the record show he did not participate in the discussion or vote on this item. Councilmember Estrada made a motion, seconded by Councilmember Ohlson, to adopt Resolution 85-222. Councilmember Knezovich expressed concern that since these programs were funded by Revenue Sharing, that there be contingency plans in the event Revenue Sharing was cut during 1986. Interim City Manager Shannon stated the agencies should not he impacted by reductions at the federal government level. He noted the flexibility and reserves in the capital improvements program could offset any reductions. The vote on Councilmember Estrada's motion to adopt Resolution 85-222 was ' as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. (Councilmember Stoner withdrawn) THE MOTION CARRIED. Resolution Authorizing Sale of the Drake Crossing Substation Site, a 3.86 Acre Parcel Located Near Drake and Taft Hill Road, Tabled to December 17 Following is the staff's memorandum on this item: "Executive Summa The City owns a 400' x 420' parcel of land across from the Drake Crossing Shopping Center.' This site is appraised at $104,000. When the site was originally purchased, it was planned that an electrical substation would be constructed on the property. The Light and Power Utility recently conducted an intensive computerized study*of the electrical system and it was determined that this substation site is no longer necessary. In accordance with City practices, the site was first offered to other City departments, and then to property owner's within 150 feet of the site. Two of the adjacent property owners indicated that they wished to purchase the site for the appraised value and they were asked to submit sealed bids. The purchasing agent received one bid, from Drake Crossing Ltd. -109- December 3, 1985 Partnership, in the amount of $110,250. Since the bid received is greater than the appraised value, staff recommends that the site be sold to Drake Crossing Ltd. Partnership. Background - The 3.86 acre site was purchased in 1982 for $64,680. The Light and Power Utility intended to construct a substation in this location. - In May, 1985, as a result of a comprehensive computerized long range planning model, it was determined that this site would not be required. The methods and results of the study are fully described in the Long Range Plan for the Fort Collins Electric System. - The site was offered to all other City departments. During this process, the need for both a Parks and Recreation trail easement, and additional Drake Road right of way were identified. - Jerry Moore, MAI, appraised this site at $104,000 in July of 1985. - In August, all six property owners within 150 feet of the site were notified that the parcel was for sale at the appraised value. Two of the adjacent property owner's expressed the desire to purchase the site. - The Purchasing Department sent bid packages to the two interested property owners. One bid was returned. Drake Crossing Ltd. Partnership submitted a bid of $110,250, which is $6,250 greater than the appraised value. The sale, however, is contingent upon City Council's approval. - The City will retain a 50 foot trail easement along the east property line and a 20 foot dedication for Drake Road along the north property line as requested by the Parks and Recreation and Public Works Departments respectively. i - Staff recommends sale of the 3.86 acre site to Drake Crossing Ltd. Partnership for $110,250." Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Resolution 85-224. Right -of -Way Agent Ron Mills explained the process used to offer this parcel for sale. Councilmember Knezovich suggested the property might bring a higher price if it were annexed and offered to bid rather than just to the adjacent property owners. Councilmember Knezovich made a motion, seconded by Councilmember Ohlson, to table Resolution 85-224 to December 17 to obtain more information on the annexation issue and the wider bid process. Yeas: Councilmembers Clarke, Estrada, Knezovich, Ohlson, Rutstein, and Stoner. Nays: Councilmember Horak. -110- December 3, 1985 THE MOTION CARRIED. i Routine Easements Following is the staff's memorandum on this item as it pertains to item a. "Executive Summa a. Easements for Drainage Channel Improvements in Larkborough Subdivision 1. Ersch 2. Smith 3. Hemstreet 4. Graese 5. Herbst 6. Roach Background The following are routine easements which have been reviewed and approved by the affected departments and legal staff: a: Easements for drainage channel improvements in the Larkborough Subdivision, needed.for the modification of the channel to reduce erosion along its banks and increase its carrying capacity for stormwater runoff. A local consulting firm has designed improvements which require a 2-foot wide permanent easement and a 3-foot wide temporary construction easement adjacent to the channel on private property. All homeowners have agreed to sell easements to the City for $1 per easement. Modifications to the drainage channel are in response to complaints from homeowners in the Larkborough Subdivision concerning the downstream end of the channel. Frequent high water levels in the channel, erosion along its banks, weeds, and standing water were some of the major concerns. The improvements will increase the efficiency of the channel and reinforce the banks. A concrete bottom is also planned to eliminate standing water and reduce the City's maintenance costs. The following homeowners have each agreed to sell an easement to the City (See Attachment A): Name Property Address William and Donna Ersch 4330 Hummingbird Robin and Lugene Smith 4325 Hummingbird Charles and Beverly Hemstreet 4331 Hummingbird Karla and Walter Graese 4324 Hummingbird Michael and Cornelia Herbst 4324 Warbler Drive Robert J. Roach 4330 Warbler Drive Construction of the channel improvements is scheduled for late spring or early summer depending on the weather." -111- December 3, 1985 L Councilmember Stoner made a motion, seconded by Councilmember Clarke, to accept the easements in the Larkborough Subdivision. Councilmember Horak questioned why channel improvements were being redone and who was paying for them. Assistant City Engineer Bob Smith replied that when the subdivision was developed in 1978, there was not as comprehensive design criteria as there is today. He noted the banks were steep and had been faced with riprap which has sloughed off into the channel. He added the developer's consultant would be paying for about 80% of the costs and that basin's minor capital fees would pay the other 20%. The vote on Councilmember Stoner's motion to adopt Resolution 85-224 was as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Other Business Councilmember Horak commended the PRPA representatives on their non support of the raise for the PRPA General Manager. Councilmember Knezovich stated he felt Item #22, Resolution Approving the Stuart Urban Growth Area Boundary Amendment to Include 80 Acres Located South of Horsetooth Road and West of Taft Hill Road, should be reheard on the basis of incorrect information and faulty logic he had presented. (See' Page 95.) Councilmember Knezovich made a motion, seconded by Councilmember Stoner, to rehear Resolution 85-210. Yeas: ,Councilmembers Clarke, Horak, Knezovich, and Stoner. Nays: Councilmembers Estrada, Ohlson, and Rutstein._ THE MOTION CARRIED. Councilmember Ohlson felt no action should be taken due to the hour and the fact that the interested parties were no longer present. Councilmember Stoner made a motion, seconded by Councilmember Horak, to table Resolution 85-210 to December 17. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, and Stoner. Nays: Mayor Rutstein. THE MOTION CARRIED. Councilmember Knezovich asked what needed to be done to withdraw from the Council of Governments. He asked if there was any notice requirement. -112- December 3, 1985 Councilmember Horak opposed the withdrawal and suggested staff investigate the benefits and costs of National League of Cities and Colorado Municipal League membership. Mayor Rutstein suggested a work session on COG benefits before any action is taken. Adjournment Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to adjourn the. meeting. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 11:40 p.m. ATTEST: City Clerk 1 -113-