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HomeMy WebLinkAboutMINUTES-06/03/1980-RegularJune 3, 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, June 3, 1980, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll Call was answered by the following Council - members: Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Absent: None. Staff Members Present: Lanspery, Liley, Lewis, C. Smith, Mabry, Harmon, O'Neill, Krempel, Mills, Wood, Phillips, Helberg, Lee, Bunting, and Bode. Agenda Review: City Manager Assistant City Manager Lanspery stated there were no changes in the agenda. Mayor Gray stated she had a change; before going into the regular agenda there would be a short report on Platte River, from Councilman Wilkinson. Councilman Wilkinson stated there is an eight minute video tape on the Rawhide construction site, which will be made available to service clubs upon request. Following the tape, Councilman Wilkinson stated General Manager Al Hamilton would answer any questions Council would have regarding the project. 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 Meeting of May 20 June 3, 1980 ' 5. Second Reading of Ordinance No. 59 1980 Relating to Handicapped rarKing. This Ordinance was unanimously adopted on first reading on May 20th and would allow handicapped persons limited parking privileges while, at the same time, enable the State of Colorado to maintain administra- tive duties, such as the issuance of identifying placards. The Ordinance has been modified so as to conform to the most recent legislation in this area. 6. Second Reading of Ordinance No. 60 1980 Relating to Door to Door Sales. This Ordinance was unanimously adopted on First Reading on May 20 and Provides that solicitation for the sale or purchase of goods is pro- hibited. 7. Second Rea din of Ordinance No. 61, 1980, Relatin to Registration equirements or ec ricians an ec rica ontrac ors. This Ordinance was adopted unanimously on First Reading on May 20 and changes the basis of the annual registration fee for electrical contractors and brings the City's registration fee into compliance with state law and a district court decision. 8. Second Readin of Ordinance No. 62, 1980, Relating to Deferral of Payments on pecia mprovement istrictS. This Ordinance was unanimously adopted on First Reading on May 20 and revised the established income level for families in order to be considered eligible for a deferment of an assessment on a local improvement district. 9. Second Reading of Ordinance No. 13, 1980, Amendin the Le al Descrip- tion nc u e in r finance o. , _,omng roperty Known as the This Ordinance was unanimously adopted on First Reading on May 20 and will correct the legal description for the West Mountain Second Rezoning as adopted by Ordinance No. 5, 1980 on February 5th. 10. Second Reading of Ordinance No. 64, 1980, Relating to Requirements on 'rurchasing. This Ordinance was unanimously adopted on First Reading on May 20 and will set the dollar amount above which all contracts, purchases or ' sales must be competitively bid and determine the amount above which City improvements must be authorized by contract. 169 June 3, 1980 1 11. Second Readin of Ordinance No. 65, 1980, A propriatin the Proceeds of the 986 8 ales and se Tax Revenue Bonds in t e apita Pro ects Fund. This Ordinance was unanimously adopted on First Reading on May 20 and is needed within the Capital Projects Fund for the expenditure of the proceeds in accordance with the Capital Project Management/Control System. 12. Second Readin of Ordinance No. 66, 1980, A ro riatin Unantici ated eve nues rom t o a e o on s or torm ewer m rovement istrict No. 17 to the Capital ro,7ects un . This Ordinance was unanimously adopted on First Reading on May 20 and appropriates unanticipated revenue from proceeds from the sale of bonds for Storm Sewer Improvement District No. 17 to the Capital Projects Fund for the purpose of clearly identifying Storm Sewer Improvement District No. 17 in the Project Tracking System. 13. Second Read in of Ordinance No. 67, 1980, Appropriating Unanticipated evenues in t e enera un or Legal Expenses. ' This Ordinance was adopted on First Reading by a 6-1 vote on May 20 and transfers monies available in the Seven Year Capital Fund to the General Fund for unanticipated legal expenses. 14. Second Reading of Ordinance No 68 1980, Annexing Propertv known as This Ordinance was unanimously adopted on First Reading on May 20 and is a request to annex the undeveloped areas of Section #34, Horse - tooth -Harmony West Annexation. 15. Second Reading of Ordinance No. 69, 1980, Zoning Property included in The Horsetooth-Harmony est Annexation. This Ordinance was unanimously adopted on First Reading on May 20 and is a request to zone the undeveloped areas of Section #34, Horse - tooth -Harmony West Annexation. Zoning requested for. the area is R-L-P, Low Density Planned Residential, with the condition for devel- opment as a P.U.D. 16. Second Reading of Ordinance No. 70, 1980, Annexing Property Known as the Cunningham Corners, Trd Annexation. This Ordinance was unanimously adopted on First Reading on May 20 and ' is a request for annexation of a 10 acre parcel located north of Horsetooth Road and east of Shields Street. 170 17. Second Readinq of Ordi . 71. 1980. Zoni June 3, 1980 1 . Included in This Ordinance was adopted on First Reading by a 6-1 vote on May 20 and is a request to zone a 10 acre parcel located north of Horsetooth Road and east of Shields Street to R-P, Planned Residential District. 18. Second Reading of Ordinance No. 72 1980, Assessing the Cost of This Ordinance was unanimously adopted on First Reading on May 20 and assesses the cost of improvements for Street Lighting Improvement District No. 5 and includes the 'area on Prospect Road from Lemay Avenue west to Circle Drive. 19. Second Reading of Ordinance No. 73 1980, Providing for the Issuance This Ordinance was adopted on First Reading on May 20 by a 6-1 vote and would authorize the issuance of $180,000 of bonds to pay the cost of improvements in Street Improvement District No. 74. 20. Second Readin of Ordinance No. 74, 1980, Authorizinrom Conversion of Property ocated at - Mulberry treet esi entia to Non -Residential Uses. This Ordinance was unanimously adopted on First Reading on May 20 and is a request to convert the four lots on the southeast corner of Mulberry Street and Sherwood from a residential land use to a commer- cial and office complex. 21. Second Readin of Ordinance No. 75, 1980, Authorizin Conversion of roperty ocate at u erry treet rom esi entia t—o—Wo—n- Residential Uses. This Ordinance was unanimously adopted on First Reading on May 20 and is a request for conversion from residential to non-residential land use in the R-H zone located on the northeast corner of Mulberry and Mathews. 22. Routine Deeds and Easements. A. Easement agreement with David Hays for a sewer line. needed for the planned Kelger Park.proJec project No. 41-2) located in the vacated alley "b" in Grandview Addition near Shields and Laporte. The area in question is 19.05 ft. by 53.60 ft. and is being granted for a consideration of $599.47 (58E per square foot) to be paid by the Housing Authority. 171 June 3, 1980 B. Easement agreement with Doroth A. Whisler for property needed in the Poudre Trails System Fort o ig way 14. This property contains 0.0667 acre, for a consideration of $200.00 (approxi- mately 60 per square foot). C. Deed from Wheeler Real t any donating property in Brown Farm for storm rainage. a rac s being donated were platted but never dedicated for this use. D. Agreement with William McFarland concerning property previously owned by Continental Moving an Storage, for conveyance of an easement for the Poudre Trails, located south of East Lincoln Avenue. The easement contains 0.1318 acre for the second phase of construction. The consideration is $2,066 (36e per square foot). E. Lease agreement with H.W. Rogers (Sterling) for a section of the Poudre Trails locate a ween Shields and Taft Hill paral- leling the Poudre River. It is Sterling's intent to dedicate this tract to the City when appropriate for tax considerations. The consideration for this lease is $1.00. ' 23. Resolution_ changing the East-West portion of Wagner Drive to Baystone Drive. The applicant is requesting that the east -west portion of Wagner Drive be changed to Baystone Drive. Wagner Drive is located in the Wagner Fraternity Park. Wagner Drive runs both east -west and north -south. 24. Resolution Authorizin the Cit to A 1 to the Northern Colorado a er onservancy District or a emporary se erm1 . This Resolution would authorize the City to apply for a temporary use permit from the NCWCD to complete the transfer of 64 acre feet of Big Thompson water from Bartran Homes, in exchange for a City water certificate. 25. Resolution Approving Application for _a Preliminary Loan from the This Resolution makes a finding that there is a need for housing which is not being met within the private sector and authorizes the filing of a loan application for $11,000 to be advanced by H.U.D. for the preliminary planning of approximately 22 units for elderly and handi- capped individuals. 172 June 3, 1980 26. Resolution Authorizing the Sale of Property to Platte River T The City and Platte River Power Authority entered into an agreement for the reuse of water for energy generation August 10, 1978. In accordance with that agreement, PRPA has requested that the City convey approximately .35 acre of land located north of Wastewater Treatment Plant No. 2 so that the Authority can construct a pump house facility in connection with the Rawhide Power Plant. 27. Hearing and First Reading of Ordinance No. 76, 1980, Desi natin lertain Property as a is oricLandmark. The Cultural Resources Board has recommended that the Fancher Sarchet (Atkinson) House, 930 West Mountain, be designatd a Local Historic Landmark. This Ordinance would accomplish that designation. 28. Nearin and First Readin of Ordinance No. 77, 1980, A ro riatin nantici area evenues rom the Fort o ins oun at ion or equipment to the Lincoln Community Center Fund. The Fort Collins Foundation has received contributions designated for ' the purchase of a timpani at Lincoln Community Center. The estimated cost of the timpani is $3,712. The purpose of this Ordinance is to appropriate the unanticipated revenues so that the timpani can be purchased before the summer concert series. END CONSENT The following items were removed from the Consent Calendar. Item #24. Resolution AuthorizLLaa the City to A ply to the Northern Colo- rado Water onservancy is ric or a emporar se erF . Item #25. Resolution Approving Application for a Preliminary Loan from the R Ordinances on Second Reading were read by title by City Clerk Verna Lewis. Item #5. Second Reading of Ordinance No. 59, 1980 Relating to Handicapped Tammy. Item #6. Second Rea Door Sales.ding of Ordinance No. 60, 1980, Relating to Door to ' 173 June 3, 1980 Item V . SeconOrdinance No. 61, e 1strsa- an980, eRcetlrat for Ele-c-fr—iclan. 1i ractortton eqeemeoaont Item #8. Second Readin of Ordinance No. 62, 1980, Relatingto Deferral of ayments on pecta Improvement'istrtcts. Item #9. Second Readinq of Ordinance No. 63, 1980, Amendin the Le al Descriptionincludedin r tnanci o. on Ing Property Known as the West Mountain Second Kezoning. Item #10. Second Reading of Ordinance No. 64, 1980, Relating to Require - men s un rurCflasln . Item #11. Second Readin of Ordinance No. 65, 1980, A ro riatin the roceeds o t e Sales an se ax evenue on s to the aptta rojects un . Item #12. Second Readin of Ordinance No. 66, 1980, A ro riatin Unanti- ct a e evenues rom e a e o on s or orm ewer m rove - men istrict No. 17 to the Capital T�rojectS Rind. ' Item #13. Second Readin of Ordinance No. 67, 1980, A ro riatin Unanti- cipated evenues to t e enera un or eqa xpenses. Item #14. Second Readin of Ordinance No. 68, 1980 AnnexingProperty known as t e orsetoo - armony es nnexa ton. Item #15. Second Readin of Ordinance No. 19, 1980, Zonin Property In- c uded in t e orsetoot - armon est nnexation. Item #16. Second Readinq of Ordinance No. 70, 1980, Annexinq Property Known 'a —The unntng am Orners, rs�xim . Item #17. Second Readin of Ordinance No. 71 1980, Zonin ert In .Pro u e to t o unntng am orners, r nnexat on. Item #18. Second Readin of Ordinance No. 72, 1980, Assessingthe Cost of mprovemen s to ree i in mprovement DistrlicT o Item #19. Second Readin of Ordinance No. 73, 1980, Providingfor the ssuance o on s to Pay the ost of improvementin tree Improvement District No. 74. Item #20. Second Readin of Ordinance No. 74, 1980, AuthorizingConversion o groper yR oca e at 415-431 W. Mulberr—y-St—re—etfrom Residen- tial to non-Kesiaentid ses. 174 June 3, 1980 Item #21. Second Reading of Ordinance No. 75, 1980, Authorizinq Conversior or rroperty located at 304 W. Mulberry reeromResidentialc Non -Re ses. Ordinances on First Reading were read by title by City Clerk Verna Lewis. Item #27. Hearing and First Reading of Ordinance No. 76. 1980. Desionatino Item #28. Hearin and First Readin of Ordinance No. 77, 1980, A ro riat- ing nanticipa a evenues rom t e ort o ins oun an on or Equipment to the Linco�mmunity—Center Fund. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to adopted and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Adopted Authorizing the City to Apply to the Northern Colorado Water Conservancy District for a Temporary Use Permit Following is the City Manager's memorandum on this item: "This Resolution would authorize the City to apply for a temporary use permit from the NCWCD to complete the transfer of 64 acre-feet' of Big Thompson water from Bartran Homes, in exchange for a City water certifi- cate." Councilwoman Reeves stated she had a conflict of interest in this matter as she is an employee of Bartran Homes and, therefore, asked to be excused from discussion and vote on this Resolution. Councilman Wilkinson made a motion, seconded by Councilman Bowling, to adopt the Resolution. Yeas: Councilmembers Bowling, Gray, Kross, St. Croix, Wilkinson, and Wilmarth. Nays: None. (Councilwoman Reeves was out of room.) THE MOTION CARRIED. 175 1 June 3, 1980 Resolution Tabled Approving Application for a Preliminary Loan from the Department of Housing and Urban Development Following is the City Manager's memorandum on this item: "The City is applying for.an $11,000 loan to undertake preliminary planning for the construction of approximately 22 units for elderly and handicapped individuals. The loan funds advanced by HUD are repaid at the time of project completion as an allowable cost of the project. Prior to applying for the loan, however, it is necessary that the governing body of the affected municipality make a determination that there is, in fact, a need for housing which is not presently being addressed within the private sector. The attached Resolution makes such a finding and authorizes the filing of the loan application." Councilman St. Croix stated he had difficulty in determining by Resolution that there is a shortage of low income housing, as there is no information given in the agenda and, therefore, Council has no basis on which to make a decision. Councilman Wilkinson concurred in this assessment. ' Assistant City Manager Lanspery stated more information could be provided if Council desired. He did point out however that this information is included in the Housing Plan Council adopted some time ago. This is a pro forma request required by H.U.D. Councilman St. Croix made a motion, seconded by Councilman Wilmarth to table this Resolution to June 10, 1980. Yeas: Councilmembers Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: Councilmembers Bowling, Gray, and Kross. THE MOTION CARRIED. Citizen Participation a. Proclamation naming the month of June, 1980 as "National anar c �;rIr This Proclamation was received by Recreation Supervisor Jean Helberg of the City of Fort Collins Parks and Recreation Department. Councilman Wilkinson presented a gift, on behalf of the City Council, to City Clerk Verna Lewis upon receipt of her degree of Master of Public Administration. 176 June 3, 1980 Councilmembers' Reports a. Councilman Bowling reported on the activities of the Ad Hoc Committee of the Fort Collins -Loveland Airport which has: 1. Decided that the airport has got to pay its own way; 2. Directed that safety regulations be enforced and; 3. Sanctioned an operator who was parachuting without insurance. The Ad Hoc Committee is intending to complete their duties and turn this matter over to the City administration for running the airport. b. Councilwoman Reeves reported that the COG retreat would be July 12, 1980, and on other activities of the COG, i.e. Stream Classifica- tion, site review for Stapleton Airport, and the area Council on Aging. Finally, she reported on the Air Pollution Strategies of the COG and the Metropolitan Planning Organization. C. Councilman Kross reported on a meeting with the State Highway Commis- sion relating to the Fort Collins Expressway and other projects in the ' state. d. Mayor Gray reported on the following: 1. The State Highway Commission has scheduled a meeting on June 19, 1980 to discuss the amendment to the Highway Plan. This meeting will be attended by County Commissioner Courtlyn Hotchkiss as well as COG Director Jonathan Rutstein. 2. On June 12, in the morning, the Mayor and staff will be testify- ing before the Public Utilities Commission on the Swallow Road Crossing. 3. On June 12, in the afternoon, she will be meeting with the County Commissioners and joint City/County Staff to discuss the feasibility of a joint criminal justice facility. 4. Mayor Gray then distributed the schedule for the month of June. 5. Mayor Gray then distributed a listing on the number of applicants for vacancies on Boards and Commissions. She requestd that Councilmembers indicate those applicants they wish to interview. 6. Mayor Gray then distributed a draft of a letter to the Colorado Water Conservancy Board regarding the Wild and Scenic River Study, in which the Rockwell Ranch has been included. Council is asking that the Rockwell Ranch be deleted from this plan. 177 1 June 3, 1980 7. Mayor Gray then reported that the Council would be touring the Street Projects on June 17, 1980. 8. Mayor Gray then reported that Council would be having their retreat on June 27 at Snowmass. 9. Mayor Gray then reported that there have been complaints regard- ing Cable TV. She requested the administration to check on the complaints and report back at next week's meeting. City Manager's Report a. Assistant City Manager Lanspery reported that Traffic Engineer Bob Lee had received a call that the state plans to resurface all of College Avenue from Drake to Horsetooth and Prospect to Olive with their new money from the surplus, so all of College w.ill be done this summer and fall. b. City Clerk Verna Lewis reported on the Policy Committee meeting of the Colorado Municipal League held May 30, 1980 at which the policies were reviewed. Final action will be made in Snowmass on Wednesday, June 25, 1980. Ordinance Adopted on First Reading Relating to the Creation and Organization of Sidewalk Improvement District No. 8 Following is the City Manager's memorandum on this item: "June 3rd is the hearing date for the proposed Sidewalk Improvement Dis- trict on Shields Street from Prospect Street to Bennett Road. The Council should consider all communications and comments at the hearing. 'Attached is the engineering report for the District. The assessible cost will be financed by Special Improvement District Bonds. We anticipate a market problem because of the small dollar amount, however, we have a preliminary commitment from the Trust Department of First Na- tional Bank to purchase the bonds at 11%. We anticipate bringing an ordinance authorizing the issuance of bonds on June 17th." Engineer Dan Bunting presented slides of the proposed improvements, and reported that official appraisals have not been completed at this time but offers have been made on a square footage basis. 178 June 3, 1980 The following persons spoke to the Ordinance: 1.. Harold Worth, 1501 South Shields 2. J. P. Kintzley, 1415 South Shields 3. John Greer, Heritage Circle 4. Ruel Rolston, of Bennett School Council considered the two issues involved: 1. Safety and the need for sidewalks, and 2. The implementation in the best interest of the people affected as to how that sidewalk is going to be placed, where it is going to be placed, what width, what trees, etc. Councilman Kross made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 78, 1980, on First Reading. Councilman Wilmarth made a motion, seconded by Councilman Bowling to amend the motion by adding "prior to second reading of the Ordinance, that another effort be made to solve the concerns of the area residents." Yeas: Councilmembers Bowling, St. Croix, Wilkinson, and Wilmarth. Nays: . Councilmembers Gray, Kross, and Reeves. THE MOTION CARRIED. Mayor Gray put the pending motion as amended, with the following vote: Yeas: Councilmembers Bowling, Gray, Kross, Reeves, Wilkinson, and Wilmarth. Nays: Councilman St. Croix. Other Business Mayor Gray stated that at the Colorado Municipal League Annual Meeting in Snowmass, Directors would be elected, Councilman Bowling is a current Director, whose term expires in June. Councilwoman Reeves made a motion, seconded by Councilman Kross, that Council submit a letter to the Nominating Committee nominating Councilman Bowling to be placed on the slate. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. 179 June 3, 1980 Adjournment Mayor Gray declared the meeting be adjourned to June 10, 1980 at 1:00 p.m. The meeting was adjourned at 7:00 p.m. // /7 ATTEST: n Om