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HomeMy WebLinkAboutMINUTES-08/18/1981-RegularAugust 18, 1981 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, August 18, 1981, 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: Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves. Absent: Wilmarth: Staff Members Present: Lanspery, Ruggiero, Eckman, Krempel, Krajicek, and Lewis. Aqenda Review: City Manager Assistant City Manager, Paul Lanspery, noted there would be one item of Other Business relating to the Vine -Laporte -Taft Annexation Election. Counci_lmember Clarke asked.that Item # 10, Hearing and First Reading ' of Ordinance No. 104, 1981, Annexing Property Known as unburst Kno is Annexation, an Item Hearing an irst ea ing o r finance No. 10b, 1981, oning Property Known as Sunburst Knolls Annexation, an Item # 12, Hearin and First Rea din of Ordinance No. 06, 981, Rezoning Pro- perty Known as Greenfield i a e, a withdrawn from t e onsent a en ar because a ad been invo ved in the decision -making process at the Planning and Zoning Board .level during his tenure as a member of the Planning and Zoning Board. 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. 4. Consider approval of the minutes of the regular_m_e_eting.of August 4 and the adjourned meeting of August 11, 1981. 5. Second Reading of Ordinance No. 98 1981, Decreasing the In -lieu -of Water Rights Requirements. ' This Ordinance was adopted on First Reading on August 4th by a 5-1 vote. 0lf7 August 18, 1981 It decreases the in -lieu -of water rights cash payment rate from $2200 to $1900 per acre-foot of water required for development. Staff and the Water Board are recommending this change. 6. Second Readingof Ordinance No. 100, 1981, Authorizin the Issuance of City o fort o tns Genera Obligation Par Bonds dated eptem er , n ncipa This Ordinance was adopted unanimously on First Reading on August 4th. In April, the voters of Fort Collins authorized the issuance of $5,065,000 General Obligation Bonds to finance community park pro- jects. This ordinance authorizes struction through 1982. 7. Second Readin of Ordin evenue in t e apital issuance of $3,000,000 to finance con - No. 101, 1981, Appropriating_ Unanticipated ects This Ordinance was adopted unanimously on First Reading on August 4th. The City has been awarded a Capital Improvement Assistance Grant under the Urban Mass Transit Act of 1964, as amended. This Ordinance appropriates $4,538,700 for this project. UMTA Grant (80%) $3,630,960 City Match (20%) $ 907,740 Total Project $4,538,700 8. Hearing and First Reading of Ordinance No. 102, 1981, Vacati oerty Known as Tract A, Prospect Industrial Par . This is a request to vacate Tract A located in the Prospect Industrial Park subdivision as platted. Tract A is an access and loading easement adjacent to the Colorado and Southern Railroad tracks. The applicant is requesting a replat of Tract A and two lots of the subdivision to be considered at the Planning and Zoning Board hearing of August 24, 1981. ' 318 August 18, 1981 9. Hearing and First Readingof Ordinance No. 103, 1981, Amending the 19 iform Building Code. These proposed amendments were developed to deal with certain require- ments in the new edition of the Code that make the design and con- struction.of buildings difficult. 10. Hearing and First Reading of Ordinance No. 104, 1981, Annexing Pro- perty Known as un u-6 rst Knolls Annexation. This is a request to annex 4.69-acres (Lots 5 and 6 of Block 1, Lynn Acres) located south of Skyway Drive, east of U.S. Highway 287. Present zoning is FA and FA-1 Farming. 11. Hearin and First Reading of Ordinance No. 105, 1981, Zoning Property nown as un u�rst KnoKno sT� nn�ion. This is a request to zone 4.69-acres known as the Sunburst Knolls Annexation located south of Skyway Drive, east of U.S. Highway 287 (Lots 5 and 6, Block l.of Lynn Acres Subdivision). The applicant is ' requesting R-L-P, Low Density Planned Residential zoning. Present zoning is FA and FA-1 Farming in the County. 12. Hearing and First Reading of Ordinance No. 106, 1981, Rezoning Pro- perty Known as Greenfield Village. On September 4, 1979, a 53.7-acre site located on the northeast corner of the intersection of Timberline and Horsetooth Roads was annexed and zoned R-P, Planned Residential, subject to certain conditions. The applicants are now seeking relief from these conditions.by re- zoning the property to unconditional Planned Residential zoning district (R-P). The site is presently vacant. 13. Resolution of the Council Authorizing the City Manager to Enter Into an Agreement With the Town of Wellington for the Provision of Building Inspection Services. This agreement is for a period of one year and provides that the City will examine the building plans and inspect construction as re- quested by Wellington. Wellington will compensate the City for the inspection service based upon the rate of $20.00 per hour per City employee including travel time spent traveling to and from Wellington and agrees to furnish all necessary vehicles, at no cost to the City, ' for conducting inspections within the municipal limits of Wellington. 319 14. Resolution Authorizing the C with Larimer County or the Mountain Avenue and on Chestnut Manager to Enter i lmn ofcertain P August 18, 1981 an s on Larimer County offices are located in congested areas and do not have adequate parking spaces .available for employees. In an effort to mitigate the parking problem in the Old Town area, Larimer County has agreed to enter into an Intergovernmental Agreement with the City of Fort Collins whereby Larimer County will purchase 30 parking spaces by permits on East Mountain Avenue in the center median parking area and 15 permit parking spaces on the northwest side of Chestnut Street (total of 45 spaces) at $30 per parking space per six month period. This agreement is for a term of one year. 15. Resolution Authorizing City Manager to Enter into an Agreement with the Downtown eve opment ut ority for vancement of Operating Expenses This Resolution authorizes the City.Manager to enter into an agreement ..with the Downtown Development Authority for advancements of operating expenses to the Authority for the remainder of 1981 and the first quarter of 1982, the advancements not to exceed $27,000. and $20,000. respectively. 16.. Resolution Authorizing the Execution of an Intergovernmental Agreement with Larimer County Reqardinq the Purc ase of Certain Properties in This Resolution would authorize the Mayor to execute an inter- governmental agreement between the City and Larimer County for the purchase of two properties in Block 31 of the City of Fort Collins pursuant to the earlier intergovernmental agreement dated February 3, 1981. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item # 5. Second Readinq of Ordinance No. 98, 1981, Decreasing the In- ieu-o ater Rights Requirements. Item # 6. Second Readin of Ordinance No. 100, 1981, Authorizingthe ssuance o Ity o ort L01 lins General Obligation VarK Bon s dated September 1, 1981, in t e Aggregate Principal Amount o , 3,000,000. 320 ' August 18, 1981 Item # 7. Second Reading of .Ordinance No. 101, 1981, Appropriating Un- anttctaated Revenue to the aattai Projects un . Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item # 8. Hearing and First Reading of Ordinance No. 102, 1981, Vacati Property Known as Tract A, Prospect Industrial Park. Item # 9. Hearing and First Reading of Ordinance No. 103, 1981, Amendi Item #10. Hearing and First Reading of Ordinance No. 104, 1981, Annexing Property nowk n as Sun uA KnoTTs Annexation. Item #11. Hearing and First Readin Ordinance No. 105, 1981, Zoning Property Known as unb5i:t Knoof IS Annexation. Item #12 Hearing and First Reading of Ordinance No. 106, 1981 Rezoning Property Known as Green to t age. Councilmember Clarke made a motion, seconded by Councilmember Reeves, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: None. THE MOTION CARRIED. Ordinance Annexing Property Known as Sunburst Knolls Annexation, Adopted on First Reading Following is the City Manager's memorandum on this item: "This is a request to annex 4.69-acres (Lots 5 and 6 of Block 1, Lynn Acres) located south of Skyway Drive, east of U.S. Highway 287. Present zoning is FA and FA-1 Farming. The surrounding zoning and land uses. are as follows: North: R-L-P - Huntington.Mews PUD, vacant. South: R-L-P - Village Grove Annexation, vacant. East: R-L-P - Village Grove Annexation, vacant. West: FA, FA-1 Farming - Vacant. Sunburst Knolls Annexation has at least 1/6 of its boundary contiguous ' to City limits. Contiguity is achieved to the north through Huntington Mews Annexation and to the east and south through Village Grove Annexation. 321 August 18, 1981 ' The Sunburst Knolls Annexation is in conformance with the City's annexation policies as set forth in the Urban Growth Area Agreement as: 1. One -sixth of its boundary is contiguous to City limits; and 2. The annexation is voluntary. Staff Recommendation Staff recommends approval of the Sunburst Knolls Annexation. Planning and Zoning Board Recommendation Planning and Zoning Board recommends approval on a 7-0 vote (Case No. 62-81)." Councilmember Clarke asked that the record show he did not vote or par- ticipate in the discussion on this item and the two items that follow. Councilmember Reeves made a motion, seconded by Councilmember Knezovich, to adopt Ordinance. No. 104, 1981, on First Reading. Yeas: :Councilmembers Cassell, Elliott, Horak, Knezovich, and Reeves. Nays: None (Clarke out of room). THE MOTION CARRIED. Ordinance Zoning Property Known as Sunburst Knolls Annexation Adopted on First Reading Following is the City Manager's memorandum on this item: "This is a request to zone 4.69-acres known as the Sunburst Knolls Annexa- tion located south of Skyway Drive, east of U.S. Highway 287 (Lots 5 and 6, Block 1 of Lynn Acres Subdivision). The applicant is requesting R-L-P, Low Density Planned Residential zoning. Present zoning is FA and FA-1 Farming in the County. The surrounding zoning and land uses are as follows: North: R-L-P - Huntington Mews PUD, vacant. South: R-L-P - Village Grove Annexation, vacant. East: R-L-P - Village Grove Annexation, vacant. West: FA, FA-1 Farming - Vacant. Staff Recommendation , Staff recommends approval of the Sunburst Knolls zoning. 322 J August 18, 1981 Planning and Zoning Board Recommendation The Planning and Zoning Board recommends approval on a vote of 7-0 of Sunburst Knolls Zoning (Case No. 62-81)." Councilmember Knezovich made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 105, 1981, on First Reading. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, and Reeves. Nays: None (Clarke out of room). THE MOTION CARRIED. Ordinance Rezoning Property Known as Greenfield Village, Adopted on First Reading Following is the City Manager's memorandum on this item: "On September 4, 1979 the subject property was annexed and zoned R-P, Planned Residential, subject to the following conditions: 1. Maximum number of dwelling units of 400 total on whole site. 2. PUD application only. 3. No additional commercial development through the use of the commercial allotment of the PUD ordinance. The applicants are now seeking relief from these conditions by rezoning the property to unconditional Planned Residential zoning district (R-P). The 53.7-acre site is generally located on the northeast corner of the inter- section of Timberline Road and Horsetooth Road.' The site is presently vacant. The surrounding zoning and land uses are as follows: North: FA-1 - Farming (CSU). South: R-L-P - existing single-family homes (Fox Meadows Subdivision). East: FA-1 - Farming. West: I-P - Platte River Power'Authority and National Cash Register. Staff Recommendation The staff feels that the ' an unnecessary restraint densities allowed should in the Land Development first condition placed on the original zoning is upon the development of the property and that the be based upon the land use policies as reflected Guidance System. Condition 2 is not necessary in 323 August 18, 1981 ' that the R-P zoning district allows by -right only single-family subdi- visions which is unlikely given the concurrent master plan submittal. Condition 3 is not necessary as there is no longer the PUD commercial allotment provision. The staff recommends approval of the request to rezone the Greenfield Village 53.7-acre parcel to unconditional R-P, Planned Residential. Planning and Zoning Board Recommendation On July 27, 1981 the Planning and Zoning Board unanimously approved the request to rezone the property to unconditional R-P (Case No. 61-81)." Councilmember Horak asked how the City had changed its policies to make this an unnecessary restraint on development. Planning Director, Curt Smith, replied that the changes since 1979 are the adoption of the Guidance System which provides specific criteria for the review of both density and the character of development. The conditions that are being removed would enable the Guidance System to better operate on this piece of property. Councilmember Elliott made a motion, seconded by Councilmember Knezovich, ' to adopt Ordinance No. 106, 1981, on First Reading. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, and Reeves. Nays: None (Clarke out of room). THE MOTION CARRIED. Resolution Appointing a Regular Member - and an Alternate Member to the Planninq and Zoninq Board Following is the City Manager's memorandum on this item: "Council has appointed Planning and Zoning Board member John Clarke to replace Burt Kross on City Council. In addition, the current Planning and Zoning alternate, Alan Apt, is resigning. Replacements need to be ap- pointed to fill the vacancies on the Planning and Zoning Board for the remainder of the unexpired terms of John Clarke and Alan Apt. Council needs to consider the applications received and make their selec- tions." Assistant Mayor Cassell explained the interviewing process that had taken ' place to select persons to fill these vacancies. He noted there were a total of 30 applicants for these positions. 324 August 18, 1981 Councilmember Reeves made a motion, seconded by Councilmember Clarke, to .adopt the Resolution inserting the name of Alan Apt as the regular member, Timothy Dow as the alternate member and stipulating that at the time of Alan Apt's expected resignation, Timothy Dow will move into the regular membership slot and Donald Crews will become the new alternate member. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: None. THE MOTION CARRIED. Resolution Approving Pineview Detention Pond Agreement, Tabled to October 6 Following is the City Manager's memorandum on this item: "In the past, capital. improvements for storm drainage were not designed and constructed in accordance with any over-all master plan of improvements. ' Storm drainage improvements were designed and installed in conjunction with individual developments, resulting in a discontinuous set of facilities which were not necessarily effective or economical, and often compounded rather than solved drainage problems. Only recently have advances in drainage design practices and computer modeling techniques allowed cities to develop storm drainage master plans. These master plans provide an opportunity to examine the cost -benefit of individual segments of the drainage system; but more important, they provide an opportunity to con- sider the economics of the system as a whole. The City has now completed a number of drainage basin master plans that provide for the efficient, proper and safe passage of storm and surface water through the City. Drainage facilities proposed in these master plans include regional detention ponds, open channels and storm sewers. Provided in the master plans are cost estimates for the facilities which include engineering design, land acquisition and construction costs. Because we are proposing a system -wide approach to. the design and con- struction of drainage facilities, we need to develop a system -wide approach to financing as -well. The over-all financing plan recommended by the Storm Drainage Board was briefly presented to Council at their August 11th work session. This plan is presently being reviewed by the development com- munity, and will be presented to the Council as a part of the 1982 budget. The basic concept behind the financing plan is that each property contri- butes to the cost of drainage improvements to the same extent that it contributes to the total amount of stormwater runoff. As a property develops, it will be required to install certain improvements; at the same 325 August 18, 1981 time, the property's total financial responsibility to basin -wide drainage improvements can be calculated. If the cost of the facilities the property must construct exceeds the property's total financial responsibility, the developer is entitled to reimbursement for the excess amount. Pineview, Inc. intends to develop a portion of land in the McClellands- Mail Creek drainage basin. On this parcel, the master plan proposes a large, regional detention pond to serve both this property and a number of properties upstream. The proposed facility is quite large and has a significant impact on the subject parcel. The owner has therefore re- quested an agreement with the City regarding reimbursement inasmuch as the financing plan which would address this question has not yet been adopted. The agreement provides a mechanism whereby Pineview, Inc. would be reim- bursed for the cost of the detention facility when the property is de- veloped. The amount of the reimbursement will be determined by an ap- praisal for the right-of-way and by the cost estimates for the final engineering design. The total area of the proposed detention facility is approximately seven (7) acres. That portion of the facility which falls on the Pineview property is approximately three (3) acres.. The initial esti- mate of the right-of-way cost for the entire pond is $105,000; the total construction cost is estimated to be $134,150. Under the proposed storm drainage financing plan, these costs will be recovered as this property and other properties in the basin develop .and pay basin fees. The average basin fee for this basin is $2700 per acre. Approval of this agreement raises a major policy question. The agreement commits the City to participate in the cost of the facility, but unless the proposed financing plan is approved, there is no source of funding avail- able. On the other hand, .failure to approve the agreement essentially renders the basin master plan invalid, or at the very least requires considerable revision. The Storm Drainage Board has reviewed the agreement and recommends its adoption. The cost of the facility has been included in the 5-Year Capital Improvements Plan and is therefore, a part of the proposed 1982 Storm Drainage Budget." Councilmember Cassell asked Councilmember Reeves to chair the discussion on this item so that he might withdraw from the vote and discussion. Councilmember Horak suggested it might be premature to approve this item I before the budget was adopted. 326 1 August 18, 1981 Councilmember Knezovich indicated that the August 12th minutes of the Storm Drainage Board seemed to reflect there was not total agreement among the Boardmembers and the developers. He suggested tabling until after bud- getary issues have been resolved. Les Kaplan, representing Pineview, Inc., gave background information from the developer's perspective. He noted the agreement under consideration was a result of meetings with the Storm Drainage Board and was intended to assure the developer the method under which he would be compensated for having their storm detention improvements comply with basin requirements. He pointed out that if Council decides the cost benefits of using a re- gional method are not there and a decision is made to return to the more traditional methods, a major revision will have to be made to their plans which they have been working on for 5 months. He indicated his client could be put into a severe hardship situation by not knowing what method of storm detention will be used. Councilmember Knezovich made a motion, seconded by Councilmember Elliott, ' to table the Resolution until October 6. Yeas: Councilmembers Clarke, Elliott`,'Horak, Knezovich and Reeves. Nays: None (Cassell withdrawn). THE MOTION CARRIED. Resolution Acceotinq an Offer on Parkland Fee Revenue Bonds Following is the City Manager's memorandum on this item: "At the August 4th Council Meeting, Council authorized the staff to proceed with the purchase of a neighborhood park and to finance the purchase over five years with Parkland Fee Revenue Bonds. Boettcher and Company, acting as agent on behalf of the City, negotiated a sale with a local buyer which includes the following terms: 1. Average Interest Rate of 10.6% 2. Reserve Requirement of $50,000. 3. 5-Year Term These terms are consistent with normal practice and the current bond market. I The reserve requirement of $50,000 and the bonds of $4,000 will be included in total bond issue $215,000." the estimated expense of issuing the principal amount making the 327 1 August 18, 1981 Councilmember Reeves made a motion, seconded by Councilmember Elliott, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: None. THE.MOTION CARRIED. Certification Ceremony for Clean Community System Program of Keep America Beautiful Following is the.City Manager's memorandum on this item: "All the requirements for certification of the City into the Clean Com- munity System program of Keep America Beautiful have now been met with the completion of the base line photometric index. This time has been set aside for the official certification ceremony. Mr. William Nash, Executive Vice President for Field Services of Keep America Beautiful will be pre- sent." Mr. William Nash, Executive Vice President of Keep America Beautiful, was present to confer official certification upon the City of Fort Collins. He presented a certificate to Assistant Mayor Cassell stating that Fort Collins is now officially certified by Keep America Beautiful to implement the Clean Community System. Assistant Mayor Cassell accepted on behalf of the City and recognized the members of the local committee. City Manager's Report Assistant City Manager, Paul Lanspery, reported that on Thursday there will be a hearing in Denver on the Metropolitan Planning Organization funding before the State Highway :Department. He asked if any Councilmember would be interested in attending the hearing. Councilmember Horak indicated he would be willing to attend on the City's behalf. Councilmembers' Reports Councilmember Reeves reported on the Poudre Fire Authority meeting, noting that action had been delayed on the Master Plan because of concerns about retrofitting high-rise buildings and concerns about recent information on I "flashover" fires. 328 1 August 18, 1981 Councilmember Knezovich expressed his concerns about the notification process on the Landmark, P.U.D. appeal and asked that the Finance Committee meet to review the 6 months compiled operating statements of the City. Councilmember Horak spoke on the Northern District Advisory Committee meeting held earlier that day. He reported that the districts were con- tinuing to work with the City toward making sure that the water and sewer lines that are being installed are not being duplicated. Councilmember Clarke reported on his meeting with the Transfort staff. He noted a meeting has been set up for September 9th at 7:30 p.m. to further discuss the combination of services with the Care -A -Van people. Councilmember Cassell gave an update on Platte River Power Authority. He added that Mr. Al Hamilton has offered an opportunity for Councilmembers to meet. with Arthur Anderson, the auditor from Denver, to review Platte River Power Authority finances. Other Business Resolution Adopted Appointing a Representative for the Vine -Laporte -Taft Annexation Election Commission Following is the City Manager's memorandum on this item: "The City is in the process of petitioning the District ICourt for the appointment of commissioners to conduct an annexation election concerning the Vine -LaPorte -Taft Annexation. Statute provides that one of the three commissioners to be appointed by the District Court be selected by the municipality. Because the City Clerk is familiar with municipal election procedures, staff recommends that she be appointed as the City's represent- ative on the election commission." Assistant City Attorney, Pete Ruggiero, gave an update on the statutory requirements of the annexation election. He noted that he hoped to have the petition presented to the District Court within a couple of weeks. Councilmember Reeves made a motion, seconded by Councilmember Elliott, to adopt this Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: None. ' THE MOTION CARRIED. 329 August 18, 1981 Councilmember Reeves noted that she felt some response or follow-up should be made to the Hofferts following their presentation on Core Area Neigh- borhood interests and asked for an update at an upcoming work session. Assistant City Manager Lanspery replied that staff is in the process of meeting with the Core Area Neighborhood and will follow-up. Citizen Participation A. Presentation of Plaque of Appreciation to Steve Frisinger.. Assistant Mayor Cassell presented a plaque to Mr. Steve Frisinger, who earlier this year was instrumental in saving the life of Walter Padilla in a near -drowning incident. Carolyn Haase, 2307 Sheffield Dr., presented to Council copies of a letter I signed by Jack Miller and herself requesting the formation of. a Council Vacancy Procedure Committee. Bob Finley, 2211 W. Mulberry, # 1, Fort Collins Ice Skating Association, presented a statement from his group asking Council to call for an election on its own authority regarding the construction of a pool/ice rink complex. He noted his group intended to present their petition calling for an election at 8:00 a.m. on August 19th if Council was not willing to call for the election on their own. Assistant City Manager Lanspery noted there was a meeting set up on Tues- day, August 25th with the Ice Skating Association and H. R. Phillips and that one meeting has been held with Mr. Robinson, the private developer, and another is planned to review operating and maintenance costs of other arenas. Peter Jacobs of the Ice Skating Association stated he would recommend to his group that they hold off on submitting their petitions for approxi- mately 2 weeks to allow for further meetings and negotiations with all. parties involved., Councilmember"Reeves asked that a report and update on the whole pool/ice I rink situation be prepared for the September 1 meeting. 330 Adjournment The meeting adjourned at 8:00 p.m. Mayor 331 August 18, 1981