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HomeMy WebLinkAboutMINUTES-04/01/1980-RegularApril 1, 1980 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, April 1, 1.980, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and, Wilmarth. Absent: None. Staff Members Present: Arnold, Liley, Lewis, Lanspery, Krajicek, O'Neill, Mills, Rupel, Krempel, C. Smith, R. Smith, Wood, Buchanan, Deagle, Phillips, Frazier, Herzig, Steadman, Bingman, Mabry, Griep, Wallace, Deibel. Election of Mayor and Assistant Mayor Mayor Bowling called for nominations for the office of Mayor. ' Councilwoman Reeves nominated Councilwoman Gray. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to unanimously elect Councilwoman Gray as Mayor. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, Wilkinson and Wilmarth. Nays: None. Abstain: Council - man St. Croix. THE MOTION CARRIED. Mayor Bowling then called for nominations for the office of Vice -Mayor. Councilman Wilkinson nominated Councilman Wilmarth for the office of Vice -Mayor. Hearing no further nominations; Mayor Bowling called for a roll call vote: Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Mayor Gray made a motion, seconded by Councilman Wilkinson to direct the legal staff to prepare a resolution on parchment paper, thanking former Mayor Bowling for his contribution and leadership during his tenure as Mayor. Yeas: Council - members Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. mays: None. THE MOTION CARRIED. 1 77 April 1, 1980 Mayor Gray then assumed the Chair and presented a Plaque of Appreciation ' to former Mayor Bowling for his services as Mayor from April 10, 1979 to April 1, 1980. Resolution Adopted Designating a Representative of the City to Serve on the Board of Directors of the Platte River Power Authority in Lieu of the Mayor City Clerk Verna Lewis read the Resolution at length. Councilman Bowling made a motion, seconded by Councilman St. Croix to insert the name of Councilman Earl Wilkinson in the blank, and adopt the resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Consent Calendar These are items of a routine or non -controversial nature, on which a unanimous vote of approval is expected. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. (The purpose of this calendar is to allow Council to spend its time and energy on more important items.) The Consent Calendar presented was as follows: 5. Consider approval of the Minutes of the Regular ineeting of March 4 and the Minutes of the Adjourned Meetings of March 11 and March 25. o. Second Reading of Ordinance No. 2, 1980, Annexing Prooerty 'known as the Werner Annexation. This Ordinance was adopted on First Reading on January.8th and would annex approximately 48 acres at the northwest corner of Horsetooth and Shields. 7. Second Reading of Ordinance No. 30, 1980, Zoning the Werner Annexation. This Ordinance was adopted on First Reading on March 4th and will zone portion of the Werner Annexation R-P and T. 8. Resolution Authorizing the City to Enter into an Agreement with Platte River Power Authority for the Lease of Pleasant Velleyand Lake Canal Water to the Authnrity -----" The proposed agreement would give PRPA the option of leasing up to 23.4 percent (approximately 2550 acre feet) of the Pleasant Valley and Lake stock each year for five years, commencing in 1981. 78 1 April 1, 1980 9. Resolution Authorizing the Ci to Enter into a Professional Servi This Resolution would authorize the City to enter into a professional services agreement with ARIX for the 1980 Aerial Mapping Project. 10. Resoluti ProDertl icult This Resolution would authorize the City to enter into a lease agreement with LeRoy J. Schneider to allow Mr. Schneider to occupy and farm the Moore farm property now owned by the City for sludge disposal. 11. Hearing and First Reading of Ordinance No. 37, 1980, Vacating a Porti of the North/South Allev in Block 103 of the Citv of Fort Collins. This Ordinance would vacate a portion of the alley in the block bounded by Howes, Mason, Olive and Magnolia to allow for a change in the traffic flow through the First National Bank drive -up facility and alleviate the traffic problems on Mason Street. 12. Routine Deeds and Easements a. Power line easement located at 1635 South Overland Trail from David Carlson for construction of a duct bank along Overland Trail to serve as a tie circuit between Substations 200 and 400. Consideration: $1.00. b. Agreement with Poudre Valley Creamery to donate property for a portion of the Poudre Trails system located south of East Lincoln Avenue. Consideration: Donation. c. Easement agreement with Continental Moving and Storage for Poudre Trails property located south of East Lincoln Avenue. Consideration: $2,066 (36a per square foot). d. Right of way easement granted to the Poudre Valley REA for the cities of Fort Collins and Loveland needed to establish an electric system for the ILS/MALSR at the airport. Consideration: None. e. License Contract granting to the Federal Aviation Administration the right to install, operate and maintain the ILS/MALSR for runway 33 at the airport. Consideration: None. f. Agreement with the New Mercer Ditch Company for a bridge crossing in connection with the Spring Creek Trails system in Rolland Moore Park. Consideration: $250.00 g. Resolution approving an agreement with the Union Pacific Railroad Company covering installation of public road crossing, automatic flashing light signals and gates at the East Laurel, Lemay and River- side Avenue crossings. h. Resolution approving an agreement with the Union Pacific Railroad Company for the Lemay Avenue crossing. 79 April 1, 1980 13. Cedar Village Subdivision, 6th Filing, Final. ' This is a final proposal for a 62 acre lot single family subdivision located south of Cedar Village Fourth Filing. 14. The Landings, Phase IV Replat. This is a proposal to replat a portion of Phase IV of the Landings. 15. Replat - Maynard Subdivision This is a request to replat the west 350 feet of lots 3 and 4 of the Maynard Subdivision to divide the property along the existing zoning boundaries, dividing the two lots into four of equal size. 16. Park South P.U.D., Final This is a final proposal for a 211 unit P.U.D. located south of Horsetooth Road and west of the C & S railroad tracks. 17. Platte River Power Authority P.U.D. Ame.ndrient, Final. This is a request for an amendment to the existing PRPA P.U.D., located at the northwest corner of Horsetooth and Timberline Roads. 18. South Glen P.U.D., Final ' This is a final proposal for a 68 lot P.U.D. located west of Manhattan Drive (extended) and south of Park South P.U.D. 19. Hearing and First Reading of Ordinance No. 38, 1980, Relating to the Care and Protection of Trees. This Ordinance would amend several sections of the existing Ordinance. 20. Resolution Ap�rovinq a Tempor� Use Permit Agreement between the City and the Northern Colorado Water Conservancy District. 21 WA This Resolution would certify for temporary use, 186 units of Northern Colorado Water Conservancy District water units. Resolution A rovin4 Lease _Agreement with Eleanor Gale for Office Space in the Avery House. This Resolution approves a new lease agreement which provides for a month - to -month lease of office space for a monthly charge of $350.00 including payment for three additional parking spaces. Second Reading of Ordinance No. 36, 1980, Authorizing the City to Enter into an Agreement with Elevator Properties_for the Lease and Option to Purchase Certain Real PrODerty. 80 , 23. April 1, 1980 olIIns. This Resolution would approve just compensation for two Community Development Block Grant acquisitions - the Respite Care Center and the Safe House for Victims of Domestic Violence. The following items were withdrawn from the Consent Calendar: Item N10. Resolution Authorizing the Citv to Lease Certain Citv Owned Item N19. Hearing and First Reading of Ordinance No. 38, 1980, Relating to the Care and Protection of Trees. Item H21. Resolution Approving Lease Agreement wit_h_Eleanor Gale for Offi Space in the AveHouse. Item n22. Second Readinq of Ordinance No. 36, 1980, Authorizing the City to Enter into an Agreement with Elevator Properties for the Lee and Option to Purchase Certain Real Property. Ordinances on First Reading were read by title by City Clerk Verna Lewis: ' Item fll. Ordinance No. 37, 1980, Vacating a Portion of the North/South A1l_fy_in Block 103 of the City of Fort Collins. Ordinances on Second Reading were read by title by City Clerl, Verna Lewis: Item 6 Ordinance No. 2, 1980, Annexinq Pro erty Known as the Werner Annexation. Item 7 Ordinance No. 30, 1980, Zoning the Werner Annexation. Councilman Kross made a motion, seconded by Councilman Wilkinson to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Bowling, Gray, Kress, St. Croix, Reeves, St. Croix, Wilkinson and Wilmarth. Nay$: None. THE MOTION CARRIED. Ordinance Adopted on First Reading_ Relating to the Care and Protection of Trees FoIIowingis the City Manager's memorandum on this item: "The proposed new tree ordinance has several changes from the existing ordinance. These changes and the sections of the chapter affected are as follows: 1 81 April 1, 1980 1. Pruning work on trees located on the public right-of-way of any ' street, alley, sidewalk or other public places, when done by the abutting property owner should require a permit. The ordinance currently requires a permit only for planting and removal. (This change is in 109-4.). 2. Allow cottonwoods and willows to be planted on public property. (This change is in 109-3). 3. All usage of the title City Arborist should be substituted with City Forester. (This change is in 109-1, 109-2, 109-5, 109-6, 109-7, 109-14, 109-15, 109-16, 109-18, 109-20, 109-22) 4. Permits and applications for licenses should be coordinated with the City Forester and not the City Clerk. (This change is in 109-6, 109-8, 109-10, 109-11) 5. Property owners shall have the right to plant and care for trees and shrubs on any abutting street right-of-way, alley, sidewalk, or other public place, but not be required to. (This change is in 109-14, 109-15, 109-16) This was discussed with Council at a work session and staff hereby recommends it." Councilman Wilmarth inquired into the definition of "pruning" and other aspects of the ordinance. City Forester Tim Buchanan responded to the proposed changes in the Ordinance. Councilman Kress made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 38, 1980 on first reading. Yeas: Councilmembers Bowling, Gray, Kress, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Adopted Approving a Lease Agreement with Eleanor Gale for Office Space in the Avery House Following is the City Manager's memorandum on this item: "Eleanor Gale has been leasing office space in the Avery House for a number of years. This Resolution approves a new lease agreement which provides for a month -to -month lease of office space for a monthly charge of $350.00 including payment for three additional parking spaces. The tenant is also agreeing to provide custodial services for the leased premises." Councilman Wilmarth inquired into the square footage of the leased property and other aspects of the agreement. 82 1 April 1, 1980 City Manager Arnold and Facilities Supervisor Toni Frazier responded to these inquiries. Councilman Bowling made a motion, seconded by Councilwoman Reeves to adopt the Resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted as Amended on Second Reading Authorizing the City to Enter into an Agreement with Elevator Properties for Lease or Option_to Purchase Certain Real Property Following is the City Manager's memorandum on this item: "This Ordinance passed on First Reading on March llth and would provide for a lease -purchase of the grain elevator site, and an agreement with the property owners detailing the terms of the lease -purchase. Council expressed some concerns regarding the terms of the lease -purchase agreement and directed staff to further negotiate. After negotiations, the financial terms of the agreement are as follows: I. Purchase price of $305,000 ' ($8.026 per sq. ft.) 2. $100,000 down payment on July 1, 1980 3. $205,000 balance payable in semi-annual lease payments at 9% on January 1 and July 1 through January 1, 1984. 4. .$85,600 final payment on January 1, 1984. 5. $350,201 total cost including interest. Additional changes were made to the agreement to clean it up from a leoal standpoint. We have included copies of the Ordinance and the lease -purchase agreement for your review." City Manager Arnold made the following statement for the record: "This item involves the use of Community Development Block Grant money presently and co"nits it somewhat in the future. That is, we have monies allocated in the 1980 budget and in the 1981 budget for parking. These monies allocated include about $75,000 a year, but the Grain Elevator site involves $100,000 in 1980 and another $28,000 in January of 1981 and July of 1981. The Parking Commission recommendations w& estimate to cost about $75,000. The total amounts of monies available exceed the ' amounts allocated. This means that the money would have to come from CDBG monies in the future, monies that could be reprogramed from 1980, or contingencies from 1980 and 1981. 83 April 1, 1980 That we were a bit out of sync with the citizen conimitte^s was apparent because we had not taken these allocations to the citizen committees as -F „^t. v'e had not done so because the items were either in negotiation or at the point of recommendation to the City Council from other citizen committees. We thought ' neither were in conflict with any of the directions of the CDBG citizen committee, but that we normally would take spending propositions, amendments, reprogramming suggestions, and contingency amendments to the citizen committee first." City Attorney Liley requested an amendment to the Ordinance as follows: "In Section 2, amend the seven (7) year period to six (6) years," to make it consistent with the purchase agreement. Councilman Bowling made a motion, seconded by Councilwoman Reeves to amend Ordinance No. 36, 1980 by striking the work and figure seven (7) and inserting the word and figure six (6). Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. "Jays: None,. THE MOTION CARRIED Councilwoman Reeves made a motion, seconded by Councilman Kross to adopt Ordinance No. 36, 1980 as amended on second reading.. Yeas: Councilmembers Bowling, Gray, Kress, Reeves, St. Croix and Wilmarth. Nays: None. (Councilman Wilkinson out of room.) THE MOTION CARRIED. Analysis of Results of February 26th Election as it Pertains to the Pool/Ice Rink Issue Reviewed Following is the City Manager's memorandum on this item: "We have included for your review, copies of two interpretations of the results of the February 26th Election as it pertains to the pool/ice.rink issue. Members of the Citizens Group Supporting the Pool and Ice Rink have requested time to make a presentation on their interpretation of the ballot results. Council should review the attached material and hear the presentation by the Citizens Group Supporting the Pool and Ice Rink." Mayor Gray called for those persons wishing to address this issue to come forward. Peter Jacobs, 2343 Silver Creek Drive presented a chart using his analysis which he indicated showed support for building the swimming pool -ice rink project. He then requested (1) that Council accept the fact that there is a strong level of support for the project and (2) that Council agree to work with a citizen's committee on the swimming pool/ice rink to see what can be accomplished. Councilman Kross made a motion, seconded by Councilwoman Reeves to establish a work session date consistent with the budget sessions for the next calendar year to discuss the construction of the swimming pool/ice rink facility. , Yeas: Councilmembers Gray, Kross and Reeves. Nays: Councilmembers Bowling, St. Croix, Wilkinson and Wilmarth. THE MOTION FAILED. 84 April 1, 1980 I Resolution Adopted Making an Appointment to the Parki_cn Commission Following is the City Manager's memorandum on this item: "Three applications have been received for the vacancy on the Parking Commission. This vacancy was created because of thelresignation of Don Colcun from the Commission. The applications are included in the agenda packet for your information." Councilmembers voted as follows: Bowling: Dick McCormick Gray: Dick McCormick Kross: Dick McCormick Reeves: Edward J. Horejs St. Croix: Dick McCormick Wilkinson: Dick McCormick Wilmarth: Dick McCormick Councilman Wilkinson made a motion, seconded by Councilman Kross to adopt the Resolution naming Dick McCormick as a member of the Parking Commission. Yeas: Councilmembers: Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. ' THE MOTION CARRIED. Ordinance Adopted on First Reading Appropriating Unanticipated Funds in the Capital Proiects Fund Following is the City Manager's memorandum on this item: "This Ordinance transfers money that was reappropriated for street projects in the Seven Year Capital Fund to the Capital Project Fund. We need to authorize this transfer and appropriation in order to have all street projects budgeted in the same fund. By taking this action, the 1980 street contingency will be available for incomplete 1979 projects as well as 1980 projects. Attached is a copy of the information that was taken to Council on February 19, 1980, and a memo from Mike Herzig requesting the transfer. The Ordinance transfers the ongoing streets projects into the Capital Projects Fund." Councilwoman Reeves made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 39, 1980 on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. 1 85 April 1, 1980 Ordinance Adopted as Amended on First Reading , Appropriating Funds from Accumulated Reserves in the Parkland Fund Following is the City Manager's memorandum on this item: "At the March 11 work session, Council reviewed the policies and proposed 1980 revised budget for the Parkland Fund. Based upon that discussion, a revised Parkland program was developed including work in the following parks: -Warren Park -Landings Park -Moore Park -Lee Martinez Park -Golden Meadows Park -Blevins Park -Overland Park -Spring Park In addition, the proposal includes hiring a Civil Engineer II to manage the Parkland Fund. projects. As a result of Charter provisions which only allow the appropriation of prior year reserves and unanticipated revenues before the end of 8 months, we cannot do all we desired in the original proposal. So we've modified the program slightly to cut $119,528 that cannot now be appropriated. The changes made include delaying Leisure mini -park until 1981 and delaying most Landings Park development. In order to implement this revised program we need to appropriate $379,645 in prior year reserves. A detail of the proposed program is attached along with an audited financial statement for 1979." City Manager Arnold stated an amendment to the Ordinance was required as follows: "Rolland Moore Park should read $70,000 rather than $6,047, and Warren Park should read $252,465 rather than $316,418." Councilman Wilkinson made a motion, seconded by Councilman Wilmarth to amend the Ordinance as requested. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Councilman Bowling made a motion, seconded by Councilman Wilmarth to adopt Ordinance No. 40, 1980 on first reading as amended. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED 86 ' April 1, 1980 ' Ordinance Adopted on First Reading Ordering the Repair or Reconstruction of Certain Specified Sidewalks Within the City of Fort Collins by the Owners of the Property Adjacent Thereto Following is the City Manager's memorandum on this item: "City Council has asked that staff proceed apace with development of City- wide sidewalk improvements. Our first effort and the highest priority seen is hereby presented. Sidewalk Repair District No. 7 is proposed by the City staff for the area bounded by Laurel Street, Stover Street, Pitkin Street, and College Avenue Section 95-39 of the Code provides for the repair of sidewalks by the adjacent property owner. The procedure is that the staff inventories the needed repairs and compiles a listing of repairs required at each property; the needed repairs are marked on the sidewalk with paint. In order to initiate the repair work it is necessary for the City Council to adopt an Ordinance ordering the repair or reconstruction of the sidewalk. Property owners are then given a specified time in which to have the work completed. After that time, the City contracts for the completion of the remaining repair or reconstruction within the repair district. Upon completion of the contract work, the costs are compiled for each property ' together with a ten percent administrative charge. The oroperty owners are notified of the charges, and the Council conducts hearinq on the assessments, after which the final charges are assessed to the property owners. The proposed schedule for the repair district is the following: April 1, 1980 - Adoption of Ordinance for district April 15, 1980 - Second Reading April 26, 1980 - Notification to property owners by certified mail April 26 to June 15 - Property owners have 50 days to complete repairs May 1, 1980 - Advertise for bids for contractor June 3, 1980 - Award of bids by Council June 15 - Sept. 15 - Repair and reconstruction of sidewalks by contractor. Oct. 21, 1980 - Report of final costs for Repair District Nov. 18, 1980 - Hearing on assessment of costs Jan. 6, 1981 - Certification of unpaid assessments to Treasurer. The estimated costs for the district are as follows: 1 87 April 1, 1980 Repairs and reconstruction by property owners - $79,366 ' City expense for alley entrances and intersections - $ 8,553 City expense is budgeted for 1980 with the Street Capital Program. Attached is a letter which was sent to each affected property owner seeking their cooperation in repairing sidewalks. The Laurel -Stover-Pitkin-College area is one that has not had a sidewalk repair district in many years, if ever. The sidewalks are in very poor condition with many serious safety hazards. The staff recommends that the City proceed with this repair district." Councilmembers inquired into the provision for appeals and hardships. City Attorney Liley responded that these provisions would be spelled out in notices to the property owners to be sent by the Public Works Department. Councilwoman Reeves made a motion, seconded by Councilman Kross to adopt Ordinance No. 41, 1980 on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED Ordinance Adopted Amending Chapter 35 of the Code Relating to the Control of Animals, Birds, and Insects and Providing for Exceptions to the Application of Said Chapter Following is the City Manager's memorandum on this item: "Two of the annexation policies agreed upon by the City Council and the County Commissioners concerned existing developments. Policy No. 4 stated: "The City agrees to consider for voluntary annexation petitions from any existing subdivision or development which is approved by the County prior to January, 1980." and, Policy No. 5 indicates: "The City agrees to pursue forced annexation of any subdivision or development which was approved by the County prior to January, 1980, which meets the State of Colorado statutes for forced or involuntary annexations." In pursuing these policies, the City will be considering annexation of develop- ments at less than urban densities with a strong rural character. Since these areas must be placed in a City zoning district subsequent to annexation, it seems appropriate to zone these areas Estate Residential (R-E). However, at the present time, the R-E zone would not allow property owners to have any animals other than those domestic pets allowed by the City's Animal Control Ordinance. ' Many of these rural developments include lots where farm animals are kept. In response to this situation, we propose that the R-E zone be modified to allow farm animals. At the present time there is no land in the city zoned R-E so 88 April 1, 1980 I this change would not affect any existing neighborhoods and would probably only be applied to those developed areas being annexed where the continued use of farm animals does not appear to pose any problems. Attached for your consideration is Ordinance No. 42, 1980, which modifies the City's Animal Control Ordinance by providing that certain exceptions to the application of the ordinance may be made as set forth in the Zoning Ordinance. In addition, there are two proposed drafts of an ordinance authorizing farm animals in the 'R-E" Zone. The first, Ordinance No. 43, 1980 (Alternative A) merely indicates that farm animals may be utilized as an accessory use in the R-E zone. The second, Ordinance No. 43, 1980, (Alternative B) allows "reasonable" numbers of farm animals and goes on to provide that the City Zoning Administrator shall be called upon to make a determination as to what constitutes reasonable numbers of animals. Originally we were going to include an exhaustive list of acceptable farm animals; but on further consideration, decided that it would be, perhaps, more appropriate to trust in the good judgement of the affected property owners. As to what does or does not constitute a reasonable number of such animals will be judged on a case by case basis. At the present time we are inclined to rely upon the first ordinance, which simply allows farm animals. In the event that abuses are encountered, we will hrinq forward amendments to correct such abuses. ' Staff would recommend that the Council make a decision as to the necessity of having the Zoning Administrator involved in. disputes over what constitutes a "reasonable" number of animals (and ultimately appeals to the Zoning Board of Appeals and Council) or whether it is more desirable to simply allow farm animals as a principal use and leave it to the property owners to resolve any disputes which may arise." Councilman Kross made a motion, seconded by Councilman Bowling to adopt Ordinance No. 42, 1980 on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilmarth. Nays: Councilman Wilkinson. THE MOTION CARRIED. Ordinance Adopted on First Reading Amending Section 118-40 Pertaining to Keeping of Farm Animals in the R-E Zone City Attorney Liley addressed the two alternatives and stated she felt it was a policy decision of the Council to choose which one they wished to adopt. Mr. Roy Griffin, 3804 Richmond Drive, spoke to the question of electric fences within the city limits now not allowed, and the possible consequences of these fences within this ordinance. Council directed the staff to meet with Mr. Griffin and discuss these problems prior to second reading of this ordinance. 1 89 April 1, 1980 Councilman Bowling made a motion, seconded by Councilman Kross to adopt ' Ordinance No. 43, 1980 (Alternative A) on first reading. Yeas: Council - members Bowling, Gray, Kross, Reeves, St. Croix and Wilmarth. Nays: Councilman Wilkinson. THE MOTION CARRIED. Citizen Participation a. Proclamation desinnatino April 13-20 as 9 Health Fair b. Proclamation Designating April 14-18 as Arbor Week and April 18th as Arbor Day. c. Presentation of plaque to members of "Partners". Mayor Gray made a presentation to members of Partners for their work with young people. d. Presentation recognizing Sit_ Jim Miller for 50,000 accident -free miles. Police Chief Smith and Mayor Gray made the presentation. City Manager's Report a. City Manager Arnold called Council's attention to a memorandum regarding ' more state aid for the street program. b. City Manager Arnold then called Council's attention to the Goal Statements completed by the departments of the City. c. The Manager then called Council's attention to a memorandum regarding the audit which was completed by the March 31 Charter deadline. d. City Manager Arnold then called Council's attention to an article from the City of Omaha relating to a combined City/County facility. e. The Manager then called Council's attention to a letter from the Kiwanis relating their satisfaction with the Lincoln Community Center. f. The Manager then called Council's attention to a memorandum from the City Attorney regarding the State Electrical Board's ruling. g. City Manager Arnold then requested an Executive Session on April 15, 1980 for the purpose of a briefing from Special Counsel, Mark Korb. Public Hearing Held on Parking Commission Recommendation for Downtown Parking Improvements Following is the City Manager's memorandum on this item: "In July of 1979 Council reviewed a comprehensive staff report on downtown , parking. The study addressed parking needs as well as a number of recommended programs to deal with downtown parking problems. Suggested programs dealt 90 April 1, 1980 ' with fee parking, hourly on -street restrictions, additional surface parking lot development and stricter enforcement programs. City Council was supportive of a number of the suggested recommendations. In September, Council approved the creation of a citizens Parking Commission. They were charged with the task of developing a plan for fee parking in the downtown. The Commission has met regularly over a 4 month period preparing their recommendations. They parallel closely the original staff recommendations from July. Included in their program are measures dealing with on -street restrictions, the establishment of fee parking lots, additional surface parking lot development, examination of the parking shuttle concept, and increased parking enforcement. Staff mailed copies of the Parking Commission's recommendations to all property owners in the General Improvement District. We recommend approval of the Parking Commission recommendations and their timely implementation." Chairman of the Parking Commission Jim Woods, again gave an overview of the Coinmission's recommendations. Mr. Bill Starke, recommended adoption of the recommendations Councilman Bowling made a motion, seconded by Councilwoman Reeves to adopt the recommendations of the Parking Commission, with the exception.of Item "E" (Grain Elevator) as follows: ' "The City should.attempt to lease the grain elevator site for one year with an option to enter into a purchase agreement at the end of the year. This would allow time to explore a possible trade with the County for its lot east of Mason, or negotiate some type of development agreement with the DEVCO Corpora- tion. It would also provide 40-50 spaces of free parking for those persons who did not want to pay to park in the American lot." Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. 'THE MOTION CARRIED. Public Hearing on Fort Collins Municipal _ __ __Railway Society Proposal _ Following is the City Manager's memorandum on this item: "Coundil received a.proposal from the Fort Collins Municipal Railway Society to restore the street car right-of-way on West Mountain Avenue for the purpose of running Car #21. April 1, 1980 was set as the public hearing date for input on the proposal. The Fort Collins Municipal Railway Society conducted a public information meeting on the proposal at Council's request on March 10, 1980. Additional committee meetings have also been held with residents of the City Park and Mountain Avenue area. 91 April 1, 1980 Tne major elements of the proposal include: ' 1. The construction of a permanent structure for storage and maintenance of Car #21. The proposed site is directly west of the City Human Resource building on Mountain Avenue. The structure would be a metal building meeting all City building code and planning requirements. 2. Development of a passenger loading area directly east of the existing tennis facilities in City Park along Sheldon Drive. 3. Restoration of the track along West Mountain Avenue and Roosevelt Street where it had been previously situated. Construction of the line would be on a block -by -block basis .with installation and median restoration completed hand -in -hand. 4. Operation of the trolley as a symbol of local living history and civic pride. The trolley would be run initially on weekends, limited weekday evenings and for special events. Boardinq and unloading would be permitted only at the City Park boardinq site in the initial stages of the project. 5. The granting of a franchise or a contractural agreement for the Railway Society to develop and operate the trolley..system. No City expenditure of funds would be necessary on the project. Over the past weeks staff has met with members of the Railway Society to discuss this conceptual plan and determine its feasibility. The Society has been extremely cognizant of neighborhood concerns for the project. Outlined below are the major areas of concern voiced by area residents on the proposal. A brief analysis of each concern grouping is provided. CONCERN GROUPING #1 - The trolley proposal has generated citizen input on the entire City Park use question. Sortie residents of the area believe that parking and traffic problems in the park area are of serious concern. Usage of the park has increased to a near capacity level. These are legitimate concerns which need addressing. The staff recommends that we examine the traffic and parking demands throughout City Park this spring. Identified improvements which are needed in the park could then be included as an expenditure in the 1981 budget process. The opening of two ball fields at Lee Martinez Park this summer will alleviate some of the ball field activity at City Park. Council's commitment to begin development of Rolland Moore Park will also help relieve activity demands at - City Park. Staff feels it's important to address these issues separate from the trolley proposal. CONCERN GROUPING #2 - There are a number of legal issues dealing with the capacity of the Railway Society to actually implement their program. Concerns have also been raised regarding noise, public nuisances, and historic implication issues of the proposal. The City Attorney's Office has addressed these concerns in Mr. Ruggiero's attached memo. 92 1 April 1, 1980 ' CONCERN GROUPING #3 - The redevelopment of the trolley track line will require the removal of approximately 60 trees on the Mountain Avenue median. What will happen to the medians? It is recommended that these trees will be replanted in the median area or wherever Park and Recreation deems appropriate. The Cify Forester has reviewed the proposal and finds it feasible. Staff recommends the City proceed with the development of a contract to allow the Railway Society to implement their plan. The Society is well organized and dedicated to seeing that their proposal becomes a reality. It's also one of the few requests to Council which does not include a requirement of City funding." Assistant City Manager Lanspery gave a brief report on what is being asked of the Council. Those speaking in favor of the proposal were as follows: 1. Al Dunton, 1400 Ash Drive 2. Wayne Sundberg, 2901 Greentree Circle 3. Elizabeth Franklin, 707 W. Mountain 4. Don Howard, 1317 W. MountainF-QakgL�o� 5. Kendall Stitzel, 512 E. Laurel t0� Tiros speaking in opposition were as follows: 1. David Frick, 1300 W. Mountain 2. Linda Brubaker, 1246 W. Mountain 3. Verla Garrison, 1115 W. Mountain 4. Marc Teets, 1423 W. Mountain 5. George L. Gaebler, 1346 W. Mountain 6. Mary Teets, 1423 W. Mountain Councilmembers spoke individually regarding the trolley with Councilman Wilmarth remarking that he could not support the Mountain Avenue route, but could support instead the trolley location of Rolland Moore Park. Councilman Bowling made a motion, seconded by Councilwoman Reeves to authorize the administration to proceed with preliminary negotiations for a contract with the association to make the trolley car operational down West Mountain Avenue. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. "Nays: Councilman Wilmarth. THE MOTION CARRIED. Resolution Initiating Annexation Proceedings for the Horse tooth -Ha rmonv blest Annexation Following is the City Manager's memorandum on this item: 1 93 April 1, 1980 "This is a request for City Council to adopt a resolution setting a date ' for public hearing to consider the Horsetooth- Harmony West Annexation (Section k34). Attached is a staff memo concerning both the annexation and zoning of the property. The Planning and Zoning Board unanimously recommended approval of the annexation of only the undeveloped areas of Section #34. Staff recommends annexation of the entire section in compliance with the following annexation policies for the Fort Collins Urban Growth Area: It is henceforth the policy of the City of Fort Collins to annex any undeveloped land eligible for annexation in accordance with the Statutes of the State of Colorado. 2. The City agrees to consider for annexation any annexation petition for undeveloped land which meets the State of Colorado Statutes for voluntary annexation. 3. The city agrees to pursue forced annexation of any subdivision or development which was approved by the County prior to January, 1980, which meets with the State of Colorado Statutes for forced or involuntary annexation. Again, this Resolution simply recites that the annexation petition complies with state law and sets the public hearing on the annexation for May 20. Public comments should technically be limited only to the question of compliance and the date set for public hearing." Councilman Bowling made a motion ,:seconded by Councilman Wilkinson that the areas known as Skyline Acres, Imperial Estates and Westfield Subdivision be tabled indefinitely from annexation. Yeas: Councilmembers Bowling, Gray, St. Croix and Wilkinson. Nays: Councilmembers Kross and Reeves. Abstain: Councilman Wilmarth. Councilman Wilmarth requested to be excused as his law Partner owns property in the area. THE MOTION CARRIED. Councilman Bowling made a motion, seconded by Councilwoman Reeves to amend the Resolution by deleting the incorporated areas. Yeas: Councilmembers Bowling,. Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: None. (Councilman Wilmarth out of room.) THE MOTION CARRIED. Councilwoman Reeves made a motion, seconded by Councilman Bowling to adopt the Resolution as amended. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: None. (Councilman Wilmarth out of room.) THE MOTION CARRIED. 94 April 1, 1980 Ordinance Adopted on First Reading Relating to and Regulating Family Care Homes and Child Care Centers in Zonin4 Districts Following is the City Manager's memorandum on this item: "This Ordinance would define and regulate Child Care Centers and Family Care Homes in the zoning districts of the City of Fort Collins. We have included a letter from Lucia Liley, Citv Attorney, explaining the changes in the Zoning Ordinance pertaining to the above." City Attorney Liley and Chief Planner, Curt Smith of the Planning Office stated the intent of the Ordinance. Those persons speaking to the issue were as follows: I. Judy McMillan, 1909 Oakwood Drive 2., Mary Cropp, 2206 W. Prospect 3. Lorraine Koehnke, 1800 Yorktown Ave. 4. Betty Sanford, 2301 Purdue 5. Thilo Hans, 410 Buckeye 6. Kathy Glenn, Department of Social Services of Larimer County 7. Margie Schnackel, 504 N. Hollywood 8. Janlyn J. Farrell, 3518 Winslow Drive 9. Karyn K. Ivie, 3125 Killdeer Drive 10. Norman E. Wynn, 1300 Green Street ' 11. Kay Robinson, University Village East 12. David Cantrell, 1148 Laporte Ave. 13. Duane E. Stevens, 2242 W. Stuart 14. Sandra Newlin, 2719 Granada Hills Drive 15.1 Elsie Ryn, 1707 Yucca Ct. Councilman Kross made a motion, seconded by Councilwoman Peeves to adopt Ordinance No. 45, 1980 on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, and Wilmarth. Nays: Councilmembers St. Croix and Wilkinson. THE MOTION CARRIED. Storm Sewer I�rovement District No. 17 Following is the City Manager's memorandum on this item: "Ordinance No. 34, 1980, was adopted on First Reading on March 4th and would authorize the City to issue bonds for District No. 17. The total amount on which the bonds will be issued is $286,000.00, the interest rate to be 13% which is consistent with the current market rates for special assessment district bonds. The bonds will be outstanding for a ten year period beginning May, 1980. 1 95 April 1, 1980 The Ordinance which created the district specified that the interest rate ' on the bonds would equal the interest rate on the assessments which was set by Resolution at a maximum of 10%. Therefore, the other action that we are requesting is an amendment to that Resolution which would reference an interest rate of 13% rather than 10%." City Manager Arnold requested additional action to award the bid to the low bidder. Resolution Amending Resolution 80-22 by Increasing the Authorized Interest Rate on Unpaid Installments for Assessments on Storm Sewer Improvement District No. 17 Councilman St. Croix inquired into the refinancing capabilities available to the City if the interest rate drops in the next few years. Finance Director Ron Wood responded to the inquiry saying refunding probably could be accomplished. Councilman Wilmarth made a motion, seconded by Councilwoman Reeves to adopt the Resolution. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: Councilman Kross. THE MOTION CARRIED. Ordinance Adopted on Second Reading Relating ' to Storm Sewer Improvement District No. 17 Authorizing the Issuance of Bonds to Pay the Cost of Construction or Improvements in Said District Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt Ordinance No. 34, 1980 on second reading. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: Councilman Y.ross. THE MOTION CARRIED. Bid Awarded for Storm Sewer I1111 rovement District No. 17 Following is a memo from Harry Cornell, consulting ennineer on the project: "Bids for construction of all remaining work on the captioned project were received at our office on Monday, March 24, 1980 at 3:00 p.m. From the seven bidders submitting bids, Barker Construction of Fort Collins submitted the lowest bid at $212,890.76 (see attached bid summary). We recommend that Barker Construction Company, Inc. be awarded a contract for construction to begin at the earliest date possible." 96 , April 1, 1980 ' Councilman Bowling made a motion, seconded by Councilwoman Reeves to award the bid to the low bidder (Barker Construction of Fort Collins) in the amount of $212,890.76. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Adopted as Amended Providing for Notice and Setting Hearing Date on Street _Improvement District No. 74 City Manager Arnold and City Attorney Liley stated that May 20th has been set by this Resolution for a hearing on this district, changing the interest rate from 10% to 13%. City Clerk Verna Lewis read the Resolution at length. Councilman Bowling made a motion, seconded by Councilman St. Croix to adopt the Resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Other Business a. City Manager Arnold referred to the following meinorandum from City Attorney Liley regarding the State Electrical Board: "At this point, the City has three options: 1. Comply with the state statute and have all electrical inspections in the future performed only by licensed inspectors. 2. Inform the State Board that we do not intend to comply by June 1 and that combination inspections will continue to be made. We anticipate this option would result in legal action against the City. 3. Perform electrical inspections at this time only with licensed inspectors, with the understanding that, if necessary in the future, the City will return to a combination inspection system." City Attorney Liley recommended that the City pursue changes at the State level in conjunction with the Colorado Municipal League. Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve option 3. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson and Wilmarth Nays: Councilman Kross. THE MOTION CARRIED. 97 April 1, 1980 b. Mayor Gray stated there were recommendations from Council that the Council ' retreat be postponed until some time in May. c. City Manager Arnold reported that there is currently a train derailed between Prospect Street and Lake Street. Councilmembers Reports a. Councilman Wilkinson reported on a Resolution adopted by Platte River Power Authority on Grey Mountain and other actions of PRPA. b. Councilman Wilmarth inquired whether the City had.inquired if Woodward Governor Company could lend assistance on Riverside Park. City Manager Arnold stated he would report back on this request. c. Councilwoman Reeves reported on the recommendation of the Missions Committee of the Council of Governments. d. City Attorney Liley requested an Executive Session on April 15th to meet with the City Special Counsel on the City Hall suit. Adjournment The meeting adjourned at 10:45 p.m.