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HomeMy WebLinkAboutMINUTES-11/01/1983-Regular' November 1, 1983 - COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government .. Regular Meeting - 5:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, November 1, 1983, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Coun- cilmembers: Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Staff Members Present: Arnold, Huisjen, Lewis, Krajicek, Meitl, R. Smith Agenda Review: City Manager City Manager Arnold pointed out there would be one item of Other Business relating to the vacation of easements in RCD Plaza South Subdivision. Councilmember Horak asked that Item #16, Resolution Authorizing the Sale of Lot 1, Alvin E. Miller Foothills Subdivision, First Filing (southeast corner of Ponderosa and West Elizabeth Streets), be withdrawn from the Consent Agenda.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 #28, 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 by staff or Council. These items will be dis- cussed immediately following the Consent Calendar. 4. Consider Approving the Minutes of the regular meeting of October 1 . 5. Tabling of the Second Reading of Ordinance No. 131, 1983, Authorrizing the Issuance o Bonds for Financing the Improvements of t e Fairoo e Special mprovement District R6. The First Reading of this Ordinance contained estimated interest rates and the actual bond sale was to occur between First and Second Read- ings with Second Reading taking place on October 18, 1983. As we -96- November 1, 1983 reviewed the draft of the Preliminary Official Statement to be used in selling the bonds we felt additional time was needed to present the District and the..City in the best possible light and hopefully receive a good net effective interest rate on the bonds. Due to the Disclosure Counsel's prior committments the Preliminary Official Statement was not completed in time for the sale of the bonds to occur on November 1. The bond sale will occur on November 15. Adoption of the Consent Calendar will table the Second Reading of this Ordinance until November 15, 1983. 6. Second Reading of Ordinance No. 141, 1983, Appropriating $12,000 to the Airoort Authoritv to Cover Start-uo Exoenses in 1983. 7 This ordinance was unanimously adopted on First Reading on October 18. In July, 1983, the two Cities of Fort Collins and Loveland created an Airport Authority to govern the Fort Collins -Loveland Airport. The Authority began meeting twice monthly in August to organize and become familiar with Airport operations; however, the Authority will not replace the Airport Ad Hoc Committee until the lease agreement for the Airport property has been prepared and approved. To begin the preparation of the lease agreement as well as to assume administrative and financial responsibilities from the two Cities, the Airport Authority is requesting $12,000 in 1983. Second Reading of Ordinance No. 142, 1983, Appropriating $66,440 for t e Par ing Lot Reconstruction and Expansion, ort o ins- ove an Airport. This ordinance was unanimously adopted on First Reading on October 18. The agreement between the Cities of Fort Collins and Loveland and the Fixed Base Operator (FBO), Airwest Aviation, required the Cities to reconstruct and expand the Airport parking lot to approximately double the existing size. If this work was not completed prior to March 1, 1982, the FBO had the option to contract for the work and be reimbursed by the Cities. At the request of the FBO, the work was delayed in 1982 in order to allow for coordination with Airwest's consulting engineer on their own expansion plans. In early July, Airwest requested construction of this project because they are now paying the land lease for the parking lot in addition to the land lease for the FBO buildings and apron. The Ad Hoc Committee approved the project at their meeting on July 26. -97- 1 r] The total cost of the parking lot will be transferred from the fuel of the parking lot. November 1, 1983 is estimated at $122,500. $56,060 farm in order to allow construction 8. Second Reading of Ordinance No. 143, 1983, Appropriating Revenue for Payment of De-Ft-S-e-rvice. This ordinance was unanimously adopted on First Reading on October 18. This is the Appropriation Ordinance for payment of interest charges on the Bond Anticipation Notes for the Downtown Development Authority. The City Council authorized the issuance of Tax Increment Bond Antici- pation Notes in the amount of $3,100,000 in Ordinance 53, 1983. The monies from the sale of the notes are used by the Downtown Development Authority to finance projects approved by the Authority, and adopted as being in accordance with the Plan of Development by the Fort Collins City Council. 9. Second Reading of Ordinance No. 144, 1983, Authorizing the Transfer of Between quipment Funds n esignate etaine Earnings an Equipment Operatinq Bu qet for Acquisition of Vehicles. This Ordinance was unanimously adopted on First Reading on October 18. The existing City fleet has 13 vehicles which are in need of replacement. These vehicles are old and worn out. They have high mileage, require major maintenance, and have worn interiors and exteriors. We will replace these vehicles with nine cars from our pool car fleet and four cars from the recycled police fleet. The Police already have new vehicles, but we need to resupply the pool fleet with new vehicles. We are planning to purchase eight sedans and two pick-ups for the pool fleet at a projected cost of $75,000. 10. Second Reading of Ordinance No. 145, 1983, Appropriating Prior Year Reserves and unanticipated Revenues in Various Puns. This Ordinance was unanimously adopted on First Reading on October 18. As part of the 1984 budget process, we have identified various funds which require a supplemental appropriation for 1983 expendi- tures. 11. Second Reading of Ordinance No. 146, 1983, Appropriating Unantici Revenue of $6,000 for a Senior Transportation Pilot Project. On September 29, 1983, the Senior Transportation Alternatives Task Force received a $6,000 grant to conduct a Senior Transportation pilot project. The grant was awarded from community program funds through No November 1, 1983 ' Larimer County Department of Human Development, Community Action Board. This Ordinance was unanimously adopted on First Reading on October 18 and appropriates the funds for the project. 12. Second Reading of Ordinance No. 147, 1983, Amending Certain Sections of Chapter 118 -of the Code of the City of-F-or—t—C-o-Ilins, Being a Parf of the Zoning Ordinance. This Ordinance was unanimously adopted on First Reading and is a staff initiated request to amend certain portions of the Zoning Code. These changes are intended to clarify the definitions of drive-in and fast food restaurants. 13. Hearing and First Reading of Ordinance No. 149, 1983, Appropriati Unanticipated Revenue in the CDBG Fund. The construction bid received to perform rehabilitation work on Daniel Duron's house came in at $18,005. Because the maximum allowable grant for housing rehabilitation projects is $15,000, Mr. Duron has agreed to put up the difference between the bid and the maximum allowable grant. Mr. Duron has paid this amount directly to the City and the City will issue one contract for the construction work to be performed. The amount of money received from Mr. Ouron is unanticipated revenue , and therefore must be appropriated by Council. This ordinance appro- priates the $3,005 in the Community Development Block Grant fund for housing rehabilitation on the Duron's house. 14. Hearing and First Reading of Ordinance No. 150, 1983, Appropriati Unanticipated Revenue in the CDBG Fund. The construction bid received to perform rehabilitation work on Larry Van Dusen's house came in at $18,990. Because the maximum allow- able grant for housing rehabilitation projects is $15,000, Mr. Van Dusen has agreed to put up the difference between the bid and the maximum allowable grant. Mr. Van Dusen has paid this amount directly to the City and the City will issue one contract for the construction work to be performed. The amount of money received from Mr. Van Dusen is unanticipated revenue and therefore must be appropriated by Council. This ordinance appropriates the $3,990 in the Community Development Block Grant fund for housing rehabilitation on the Van Dusen's house. 15. Resolution Appointing a Representative of the City to Serve as a Member of the Six Cities Committee. The attached resolution would appoint Bill Carnahan, Light and Power I Director, to the Six Cities Committee. iNovember 1, 1983 K The Six Cities Committee is an advisory committee to the Northern Colorado Water Conservancy District. Its major project in recent years has been the Windy Gap Project. City representation on the Six Cities Committee -is important. The City of Fort Collins is entitled to two members on the committee. 16. Resolution Authorizing the Sale of Lot 1, Alvin E. Miller Foothills Subdivision, First Fi inq southeast corner o Ponderosa and West The area served by the electrical substation at the southeast corner of West Elizabeth and Ponderosa Streets has been converted to a higher voltage. As a result, the load previously served by the substation has been permanently transferred to circuits served by other sub- stations in the system. The equipment has been sold and the lot vacated. In 1982, this lot was offered to other City departments. In addition, all property owners within 150 feet of the site were offered the opportunity to purchase the lot. There was no City department or adjacent property owner interested in purchasing the lot. The Pur- chasing Department has since advertised this property for sale to the public by sealed bid. A $10,000 minimum bid was specified. The minimum bid was determined based on the appraised price of 112,500, less credit for the avoided costs of demolition and maintenance. The only bid received at or above the minimum was submitted by Mr. John L. Strachan for the amount of $10,000. The next highest bid was $5,101. 17. Resolution Authorizing the City Manager to Enter into an Agreement with Larimer County or t e Provision of Certain Parking 'Spaces on Mountain Avenue and on Chestnut Street. Larimer County operates office space on the corner of Riverside Avenue and Chestnut Street. The parking for, employees of this office is limited. In an effort to mitigate the parking problem in the Old Town area, Larimer County and the City of Fort Collins entered into an Intergovernmental Agreement on August 18, 1981, whereby Larimer County purchased 35 permit parking spaces on East Mountain Avenue in the center median parking area and ten permit parking spaces on the northwest side of Chestnut Street (total of 45 spaces) at $5/space/ month for a total cost of $2,700. The term of this agreement was one year and was extended until December 31, 1982, to provide a contract on a January/December basis to coincide with the budget process for both agencies. The 1983 contract effective January 1, 1983, through December 31, 1983, had a rate increase to $6/space/month for a total income of $3,240. The 1984 contract, which will be effective from January 1, 1984, through December 31, 1984, includes another rate increase to $7/space/ month for a total income of $3,780. The Larimer County Commissioners -100- November 1, 1983 , have approved this rate increase. Regular parking permits are $8/ space/month. However, upon completion of the parking study and evaluation of the recommendations, a rate increase for the regular parking permits is anticipated. 18. Routine Easement for Northwest Sewer Trunk Line. The City has received a routine easement from Robert W. and Georgia Louise Arnett for the Northwest Sewer Trunk Line project. The con- sideration paid for the easement is $2,008, which is based on 60 per square foot. Right-of-way funds have been approved in the 1983 budget for acquisition of the needed right -of way from eight property owners. The Water and Sewer Utility has designed the northwest Sewer Trunk Line from Wastewater Treatment Plant #1 to North Taft Hill Road (See Map #1). This project will provide a gravity sanitary sewer to eliminate the LaPorte Trunk Lift Station and accommodate future growth of the LaPorte Sanitation District and areas north of the Poudre River within the Urban Growth Area. Due to limited lift station pumping capacity, there is currently a moratorium on sewer taps for any part of the system which goes through the LaPorte Trunk Lift Station. Without this project, there can be no development north or west of the existing lift station. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #6. Second Reading of Ordinance No. 141, 1983, Al to the Airport Authority to Cover tart-u )priating $12,000 xpenses in 1983. Item #7. Second Reading of Ordinance No. 142, 1983, Appropriating $66,440 or the Parking Lot Reconstruction and Expansion, Fort Co ins - Love and Airport. Item #8. Second Reading of Ordinance No. 143, 1983, Appropriating Revenue Tor Pavment o De t Service. Item #9. Second Reading of Ordinance No. 144, 1983, Authorizing the Transfer of $75,000 Between Equipment Funds Undesignated Retained Earnings and Equipment Aerating budget for Acquisition o vehicles. Item #10. Second Reading of Ordinance No. 145, 1983, Appropriating Prior Year Reserves and Unanticipated Revenues in Various Funds. Item #11. Second Reading of Ordinance No. 146, 1983, Appropriating Unanti- cipated Revenue of $6,000 foraSenior Transportation Pi of P I roj ect. -101- 1 Item #12. Second Readin Sections of-Ul Being a Part o of Ordinance No. 147 e nance. November 1, 1983 1983, Amending Certain .he City of Fort Co ins, Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #13. Hearing and First Reading of Ordinance No. 149, 1983, Appropri- ating Unanticipated Revenue in the CDBG Fund. Item #14. Hearing and First Reading of Ordinance No. 150, 1983, Appropri- ating Unanticipated Revenue in the un . Other Hearing and First Reading of Ordinance No. 151, 1983, Vacating a Business Portion of a Utility an Access Easement and a Portion of an Access Easement in the Replat of Lots 2, 3, 4 and Part of Lot 5 and RCD Drive, of the RCD Plaza South Subdivision. Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Authorizing the Sale of Lot 1, Alvin E. Miller Foothills Subdivision, First Filing (southeast corner of Ponderosa and West Elizabeth Streets), Adopted Following is the staff's memorandum on this item: "The area served by the electrical substation at the southeast corner of West Elizabeth and Ponderosa Streets has been converted to a higher volt- age. As a result, the load previously served by the substation has been permanently transferred to circuits served by other substations in the system. The equipment has been sold and the lot vacated. This lot is 8,917 sq. ft. (approximately 81' x 110') and is zoned R-L, Low Density Residential. In 1982, this lot was offered to other City departments. In addition, all property owners within 150 feet of the site were offered the opportunity to purchase the lot. There was no City department or adjacent property owner interested in purchasing the lot. The Purchasing Department has since advertised this property for sale to the public by sealed bid. A $10,000 minimum bid was specified. The minimum bid was determined based on the appraised price of $12,500, less credit for the avoided costs of demolition and maintenance. The only bid received at or above the minimum was submitted by Mr. John L. Strachan for the amount of $10,000. The next highest bid was $5,101. Staff recommends approval of this sale in accordance with the Agreement of Sale and Purchase offered by John L. Strachan." -102- November 1, 1983 ' Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Resolution 83-186. Councilmember Horak asked if the City had placed a "For Sale" sign on the property. _ Deputy City Manager Jim Meitl referred to a memo he had written outlining the sequence of events related to the City's effort to sell this piece of property. He described the newspaper ads that had been placed and noted there had never been a sign on the property. The vote on Councilmember Clarke's motion to adopt Resolution 83-186 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Setting Forth the Intent of the City to Issue IDRB's for Lakes Building Partnership, Adopted Following is the staff's memorandum on this item: "The City has received an application from the Lakes Building Partnership ' for IDRB financing in the amount of $450,000 to construct a facility to house the Seven Lakes Recovery Program which is concerned with the treat- ment of alcoholism and other substance dependency problems. The treatment center will be located in the Seven Lakes Development Area of the City. The proceeds from the bond issue will be used to finance a building and equipment to be leased to and operated by the Seven Lakes Recovery Program. The staff is recommending approval of the Inducement Resolution based on the project's consistency with Resolution 82-25 adopting IDRB Policies and Guidelines." Councilmember Elliott made a motion, seconded by Councilmember Stoner, to adopt Resolution 83-188. Finance Director Ron Wood spoke of the analysis of this proposal done by the Finance Department and outlined some of the economic benefits to be achieved by the project. Dr. Ken Ash, one of the partners in the Lakes Building Partnership, de- scribed the project noting he felt the facility would provide a unique, effective, in -patient treatment program for the community. He noted there was no other program of this type available in Fort Collins. ' -103- 1 November 1, 1983 Mayor Knezovich suggested the lease or rental rates to be paid by the Recovery Program were higher than the local market rate. Dave Dwyer, bond counsel to the applicant, spoke of the rental rates, noting he assumed they were tied to the amounts necessary to pay off the bonded indebtedness and were not intended to reflect the market rate. Mayor Knezovich stated he wanted to go on record as not wanting the City to do anything that would indirectly cause the free-standing psychiatric facility recently proposed for Fort Collins not to be built. The vote on Councilmember Elliott's motion to adopt Resolution 83-188 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Approving an Intergovernmental Agreement between the City and Larimer County Regarding the Purchase of Property on Block 31, Adopted Following is the staff's memorandum on this item: "In 1981, the County Commissioners and City Council began a program to acquire property within Block 31. The acquisition of this block was for the purpose of constructing a parking lot and possibly constructing govern- mental facilities. Several intergovernmental agreements have been executed in the past as properties in the block became available for purchase. This agree- ment sets forth the terms and conditions covering the purchase of Parcel 14 in Block 31." Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Resolution 83-191. Bruck Lockhart, 615 Mathews, asked what the purpose of buying more land on Block 31 was, now that the parking lot appeared to be finished. City Manager Arnold replied that Block 31 would sometime in the future be the site of a City/County facility. Until that time, this portion of the block would remain a parking lot. He added that if the land was not ' captured now, it would be too expensive when actually needed. -104- 1 November 1, 1983 The vote on Councilmember Clarke's motion to adopt Resolution 83-191 was as follows: Yeas: _ Councilmembers Clarke, Elliott, Knezovich, Ohlson, Rutstein, and Stoner. Nays: Councilmember Horak. THE MOTION CARRIED. Resolution Authorizing the Purchase of Parcel 14 of Block 31 (Donald Thompson), Adopted Following is the staff's memorandum on this item: "Since 1981, the City has been talking with Don Thompson about acquiring his property at 256 W. Mountain Avenue. We did not buy it with the other properties previously purchased because the projected budget was insufficient to cover the costs of his property. It was decided to pur- chase all the properties on the north end of the block and wait on acqui- sition of other properties until a later date. Through acquisition of properties at lower than projected prices and ' receiving of lower bids for the construction and demolition of the parking lot, we have realized a savings sufficient enough to purchase Mr. Thomp- son's property. The property was appraised in 1983 by Jungbluth and Associates at $250,000. Mr. Thompson has agreed to a sales price of $238,000. Since Mr. Thompson desires to remain at this location until a future office is completed in the spring of 1985, he has agreed to lease this property back from the County and City at $11/square foot. This is an extremely attractive price for rental property in this area. The Executive Committee for Block 31 has reviewed Mr. Thompson's offer and found it favorable. We on the staff agree. The closing on this property would occur on January 15, 1984. The lease agreement would run from January 1984 to the end of May 1985." Councilmember Ohlson made a motion, seconded by Councilmember Clarke, to adopt Resolution 83-192. Councilmember Horak noted he had voted against the previous Resolution and would also vote against this Resolution since he felt general tax revenues should not be spent on this project. City Manager Arnold pointed out the parking lot was financed with bonds ' issued for the entire project. -105- ' November 1, 1983 Mayor Knezovich stated that sales tax revenue bonds had been issued several years ago and that the proceeds of the bonds are to be used to finance the project. He added the bond's earliest maturity date was 1992 and the monies must be spent for purchases in Block 31 since that is the purpose for which they were earmarked. Councilmember Horak stated he did not feel this project was a high priority in the City and that there were other projects of greater need. The vote on Councilmember Ohlson's motion to adopt Resolution 83-192 was as follows: Yeas: Councilmembers Clarke, Elliott, Knezovich, Ohlson, Rutstein, and Stoner. Nays: Councilmember Horak. THE MOTION CARRIED. Citizen Participation A. Councilmember Elliott made a motion, seconded by Councilmember Horak, to adopt Resolution 83-190, Expressing Appreciation and Gratitude Posthumously to Ellen Perry Thexton for her Contributions to the Community. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. The Resolution was accepted by Pauline Birky-Kreutzer of the Cultural Resources Board on behalf of the family of Ellen Perry Thexton. Proclamation Naming November 13 as A Day With Montezuma Fuller was forwarded to the appropriate persons. Presentation of Award to Water and Sewer Employee. Steve Work, chairman -elect of the Rocky Mountain Section of the Ameri- can Water Works Association presented Water Treatment Plant Supervisor Fred Jones with the 1982-83 Rocky Mountain Section AWWA Plant Operator Award from Colorado. Mr. Jones has been employed the past 18 years at the Poudre Canyon Water Treatment Plant and has been Water Treatment Plant Supervisor for the past 3-1/2 years. Ordinance Amending Section 114-2 of the Code of the City of Fort Collins Relating to the "Model Traffic Code for Colorado Municipalities", 1977 Edition Adopted on Second Reading as Amended I Following is the staff's memorandum on this item: -106- November 1, 1983 ' "Staff recommends three changes to Section 11-6 of the ordinance as adopted on First Reading on October 18, all of which are included in Option 1: 1) That the section preclude the parking of motor vehicles exceeding twenty (20) feet in length (rather than twenty-two (22) feet as stated previously) on streets in residential zones. Staff has determined that setting the maximum at 20 feet in length is more appropriate and will better accomplish the purpose of the section as stated on First Reading. 2) That the phrase "or the side yard facing a street on a corner lot in such zones," be deleted and the phrase "upon the streets of any lot.." be changed to read "upon the streets adjacent to any lot.." This change clarifies the fact that the section pertains to streets adjacent to lots in residential zones and eliminates some ambiguity in the wording of the section. The section is not intended to address parking on private property. 3) That the exception allowing the parking of commercial vehi- cles in such areas while they are being expeditiously loaded or unloaded be expanded to include the parking of trailer coaches, mobile homes and motor coaches for the same purpose. This change will minimize the effect of the section on persons owning recreational vehicles by allowing them the convenience of parking on such streets for the purpose of expeditious loading and unloading. 4) That the term "motor coach" be defined at the end of the section. "Motor coach" is not a term used in the Model Traffic Code. It is added to Section 11-6 because the terms "trailer coach" and "motor home," as defined in the Model Traffic Code, do not include vehicles with motive power. Option 2 is an alternative ordinance containing 1 further change which the Council may desire to make to Section 11-6. It expands the exception even further to allow any motor vehicle (which includes motor coaches, making it unnecessary to specifically mention and define motor coaches), trailer coach, mobile home, trailer or semi -trailer to park on such streets while it is being expeditiously loaded or unloaded. In contrast, Option 1 only allows commercial vehicles or "recreational vehicles" to do so. ' -107- 1 November 1, 1983 Option 2 would allow a greater number of vehicles to fall within the exception to Section 11-6. Staff is of the opinion that either option is workable and that the decision between the two should be made by the Council." ' City Attorney Huisjen noted he had prepared another option in addition to those contained in the packet and Options 3 and 4 which were drafted later. He noted this latest option was the original form of the ordinance with changes made and then outlined the changes and distributed copies of the ordinance with the proposed amendments. Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to amend Ordinance No. 148, 1983 on Second Reading as described by City Attorney Huisjen. The following persons spoke on this issue: I. Wally Bujack, 512 Cook Drive, suggested a permit system be imple- mented to resolve the visitor problem. 2. Jerry Welker, 3006 Eindborough Drive, noted he did not feel the police officers' judgment should be depended on and the law should be enforced. 3. Harry Coslick, 500 East Plum, Fort Collins Summer Bummers, spoke in favor of the ordi-nance, but requested a time limit be specified for out-of-state vehicles and that officers inquire about vehicles parked longer than 48 hours before issuing a ticket. 4. Keith Webb, 1455 South Taft Hill Road, spoke of permit system used in a St. Louis, Missouri suburb. 5. Cindy Bonetti, 627 Whedbee, spoke of hardships that might be caused to small businesses located in residential areas. 6. Robert Johnson, 1009 Woodford, expressed concerns about U-Hauls and other rental vehicles. Chief Ralph Smith stressed police officers make a great many judgment decisions each day and also noted the department's dedication to neighbor- hood policing. He felt that good judgment coupled with knowing the area would aid decisions on the few violations that might occur as a result of visitors parking their trailers. He felt the new 48 hour provision would result in games being played that are currently played with the 72 hour provision. ol: November 1, 1983 The vote on Councilmember Clarke's motion to amend Ordinance No. 148, 1983 on Second Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Rutstein made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 148, 1983 as amended on Second Reading. Yeas: Coun- cilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Establishing Policies of Cache La Poudre River, Adopted Following is the staff's memorandum on this item: "A resolution establishing policies regarding the construction the Cache La Poudre River has been prepared by Assistant Mayor support by staff. In an effort to provide some additional information on this subject, we have attached for your review I, the Executive Summary of the September 23, 1983 work Bess Summary gives a quick update on several of the documents that this item. of dams on Horak with background is Appendix ion. This relate to Assistant Mayor Horak on October 17, 1983 sent to the Water Board for their consideration a draft of the proposed resolution. This was,discussed at the regular meeting of the Water Board on July 21, 1983. Assistant Mayor Horak was present. A summary and the results of that discussion was re- ported back to Horak by Water Board Chairman Ward Fischer with copies to the Mayor and members of the Council. This is attached as Appendix II so you have all current information in one place. Reference was made in Ward Fischer's memo to a basin -wide water management study proposed by the Water Board and supported by previous City Councils. For reference you find attached as Appendix III, a proposed outline for such a study. In order to provide additional background on the Designation of the Poudre River Area Wild and Scenic Rivers, we have attached as Appendix IV an internal staff memo of February 23, 1983. It should be recognized that this memo preceded the Interim Report of the Cache La Poudre River Project Study prepared by the Colorado Water Conservation Board at the direction of the Legislature. This report concluded that dams on the river are not feasible at this time. Final copies of the State report have not been received here, but we understand they have arrived at the State Conserva- tion Board office and we may have a copy by Tuesday. -109- 1 1 November 1, 1983 Finally we attach a 1979 letter to the Forest Service stating Fort Collins' concern with the possible designation of the South Fork in the vicinity of the proposed Rockwell -Reservoir." Councilmember Stoner asked the record to show he did not participate in the discussion or vote on this item. Councilmember Horak made a motion, seconded by Councilmember Rutstein, to adopt Resolution 83-189. Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to add an additional Whereas clause as follows: "WHEREAS, future construction of impoundments, diver- sions, straightening, rip -rapping, and other modifica- tion of the waterway or adjacent lands would not be permitted except in instances where such developments would not have a direct and adverse effect on the values for which that river area was included in the national system as determined by the Secretary charged with the administration of the area." Councilmember Horak and Rutstein both stated they would accept Council - member Clarke's amendment as a friendly amendment. Ward Fischer, Chairman of the Fort Collins Water Board, introduced Dr. Norman Evans, Vice -Chairman of the Board. He gave a summary of the Board's views and suggested a solution be found that would preserve the aesthetic, recreational, and environmental features and would also allow the proper management of our water resources. The following persons spoke in favor of the proposed Resolution: 1. Bill Bertschy, 620 Peterson 2. Joanne Hilton, 610 S. Sherwood, CoPIRG 3. Charles Wanner, 1242 W. Mountain 4. Lynn Bishop, 1401 W. Mulberry 5.. Joe Stern, 1221 Laporte Avenue 6. Pat Tierney, 1816 Orchard Place 7. Tim Johnson, 2939 Brookwood Place, 8. Steve Parris, 327 Canyon Avenue 9. Dolores Williams, 1520 Hillside Drive 10. Ronald R. Wemple, 1204 Green Street 11. Patrick Sousa, 2724 Wyandotte Drive,. Audubon Society 12. Brad Edwards, 2828 Cherry, President Club -110- representative Sierra Club representative President of Fort Collins of Fort Collins Mountain November 1, 1983 13. Dana Bradley, 310-1/2 Peterson, President of CSU Wildlife Society 14. Robert Johnson, 1009 Woodford 15. Scott Dickie, 302 Garfield 16. John Cross, past president of Colorado Wildlife Federation The following persons spoke in opposition to the Resolution: 1. Greg Lafet, 519 Strachan, Northern Colorado Water Conservancy District representative 2. Jim Hesse, 704 Highland Place Road, local realtor Councilmember Elliott asked about the use of the river as a water transpor- tation system and expressed concern that this type of designation might preclude any future diversions of minor impact that might be necessary to transport water to other off -stem sites. Ed Nesselroad, U.S. Forest Service, replied that there were instances where wild and scenic rivers occur in combination with major water resource projects. He defined the purposes and language of the Wild and Scenic Rivers Act and noted the Secretary of Agriculture had the discretion to weigh impacts and if the impacts are found to be not direct or adverse, the projects may be approved. Councilmember Ohlson stated he felt it was the responsibility of the Council to provide adequate supplies of water for the citizens of Fort Collins in the future and to maintain the Poudre in its present state, as close as possible. He urged support of the Resolution. Councilmember Clarke stated he felt the Poudre could still be used as a transportation system with the wild and scenic designation and still maintain the free -flowing river that makes life in Fort Collins what it is. Councilmember Horak felt the Resolution was the most positive approach that could be taken to preserve the Poudre in its present form. He added the Resolution was an expression of the citizens' concerns for their resources and an opportunity to translate those concerns into meaningful policy. Mayor Knezovich stated he felt the preservation and control of the Poudre could best be handled at the local level rather than giving the federal government jurisdiction over the river. He urged defeat of the Resolution. The vote on Councilmember Horak's motion to adopt Resolution 83-189 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Ohlson, and Rutstein. Nays: Mayor Knezovich. (Councilmember Stoner withdrawn) THE MOTION CARRIED. I -111- November 1, 1983 Items Relating to Vacation of Easements in RCD Plaza South Subdivision. Following is the staff's memorandum on this item: "a. Hearing and First Reading of Ordinance No. 151, 1983, Vacating a Portion of a Utility and Access Easement and a Portion of an Access Easement in the Replat of Lots 2, 3, 4 and Part of Lot 5 and RCD Drive, of the RCD Plaza South Subdivision. b. Motion Accepting Dedication of Replacement Easement from RCD Plaza Associates, a Partnershio. The site plan and plat of RCD PUD, Phase Two was approved by the Planning and Zoning Board, August 22, 1983. There were two discrepancies between the plat and the site plan and as a result the developer cannot get a building permit. The vacation of the easements and approval of the new dedication will resolve the discrepancies allowing the developer to proceed with his project." Councilmember Horak made a motion, seconded by Councilmember Clarke, to adopt Ordinance No. 151, 1983 on First Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: ' None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Ohlson, to accept the dedication of replacement easement. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. City Attorney's Report City Attorney Huisjen reported on the termination of Airwest, Inc., as the fixed base operator at the Fort Collins/Loveland Airport and the commencing of Transavia, Inc., as the temporary FBO. He noted the FBO service would continue uninterrupted. City Manager's Report City Manager Arnold reported $163,229 had been received from Pacific Mutual Insurance Company which was their reserve account plus interest held for two years to pay deferred claims. This money will be deposited in the City's reserves for our self -funded insurance. -112- November 1, 1983 Councilmembers' Reports Councilmember Horak reported on the Colorado Municipal League policy committee meeting. Councilmember Clarke reported the Downtown Development Authority meeting scheduled for November 3 had been cancelled due to.the death of the wife of Boardmember Earl Wilkinson. He also reported on the agreement for the occupation of the new bus facility with Care -A -Van, noting he would be presenting the agreement to the Care -A -Van Board of Directors. Mayor Knezovich reported on the Platte River Power Authority Board meeting and noted he had distributed some information on General Manager Hamilton's retirement package. Adjournment Councilmember Horak made a motion, seconded by Councilmember Ohlson, to adjourn the meeting to 3:00 p.m. on November 8. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 11:20 p.m. r -113- M M 1 1 1