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HomeMy WebLinkAboutMINUTES-12/16/1980-RegularI December 16, 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, December 16, 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 Councilmembers: Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Absent: None. Staff Members Present: Arnold, Liley, Lanspery, Krajicek, Lewis, Mabry, and C. Smith. Agenda Review: City Manager Councilman Wilkinson asked that Item #17, Hearing and First Reading of ' Ordinance No. 176, 1980, Amending Section 62 oT—CFapter—M of the Code o-f the City of FortCollins Zoning r inance, ancTitem , lFesoIutfo_ u rizing an Office Space Lease for the Grants Administration Office, be removed from the Consent Calendar. Councilman Wilmarth requested that Item #31, Resolution Approvinqq__A�g�r�e��e��- m_ents with Other_ Agencies to Provide Human Services, and Item r ,mil Out -of -City Wa er vice Request, e withdrawn. wn. Consent Calender 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 Approving the Minutes of the Regular Meeting of November 18, 5. Second Reading of Ordinance No. 162, 1980, Relating to Alarm Systems. This Ordinance was unanimously adopted on First Reading on November 18th and addresses concerns relative to the administration, enforce- ment, and regulation of alarm systems. 443 3 7. L E 10 December 16, 1980 ' Second Reading of Ordinance No. 163, 1980, Annexing Property Known as a cat 7 n at on. This Ordinance was unanimously adopted on First Reading on November 18th and is a request to annex 408 + acres generally located between County Road 34 and County Road 32, east of U.S. Highway 287 to the Union Pacific railroad tracks. Second� ReeadAin Tof Ordinance No. 164, 1980, Zoning Property Known as the Ha cv—won Annexation. This Ordinance was unanimously adopted on First Reading on November 18th and is a request to zone the Halcyon annexation as follows: 389 acres - R-L-P, Low Density Planned Residential 19 acres - B-P, Planned Business Second Reading of Ordinance No. 166, 1980, Vacating a Portion of the Stanford Road Right -of -Way in trac an Subdivision. This Ordinance was unanimously adopted on First Reading on November ' 18th and is a request to vacate the west 11 feet of the right-of-way to make Stanford Road consistent with current City Street Standards. Second Reading of Ordinance No. 167, 1980, Relating to Rates for the Water and Sewer Utility. This Ordinance was unanimously adopted on First Reading on November 18th and would increase the existing water rates by 23% and the existing sewer rates by 28%. and Reading of Ordinance ncreeasa tWe mom unt to 169, 1980, Relating to Parkland Fees This Ordinance was unanimously adopted on First Reading on November 18th and increases the 1981 parkland fee from $450 to $500 per dwell- ing unit. 1-1. Second Reading of - Ordinance No. 170, 1980, Appropriating Prior Year Reserves -and Unanticipated Revenues in Various Funds. This Ordinance was unanimously adopted on First Reading on November 18th and makes appropriations to various funds which will require supplemental appropriations as identified by the year end budget I process. 444 December 16, 1980 12. Second Reading of Ordinance No. 171, 1980, Authorizing a Short Term roan an pproprtattng t—�Irocee s to tie Street verstnng un . This Ordinance was unanimously adopted on First Reading on November 18th and would authorize a short term loan to offset a cash flow deficit of $321,829 for the Street Oversizing Fund. 13. Second Reading of Ordinance No. 172, 1980, Adopting by Reference Aot oendices — o t UIformBuildino Code. 1979 Edttton. This Ordinance was unanimously adopted on First Reading on November 18th and adopts by reference the appendices relating to Chapters 11, 12, 32, 48, 49, 55, and 57 of the U.B.C., 1979 Edition. 14. Hearing and First Reading of Ordinance No. 173, 1980, Rezonin rt ey Known as uitts Rezoning. This is a proposal to change the zoning on 71.2 acres located along the south bank of the Poudre River at Timberline Road (extended) north of East Prospect Road from the present T-Transitional zoning district to the I-G, General Industrial zoning district. 15. lieaaring_an_d First Reading of Ordinance No. 174, 1980, Amending the rlumbtng e as tt R—Ttes to Drainage Pipe. The proposed amendment would include ABS and PVC pipe as approved piping for plumbing drainage systems in residential construction not more than two stories in height. 11, Hearin and First Reading of Ordinance No. 175, 1980, Amending e�rtatn�ecttons o t e ttton. 17 This Ordinance amends sections of the U.B.C., 1979 Edition, relating to passive solar construction and foundation walls. Hearing and First Reading of Ordinance No. 176, 1980 Amending Section 622 of tCl apterr 118 of t-re Uo o t e tty o ort o ins ontn9 Ordinance. This is a staff -initiated amendment to the H-B zone to allow building supply yards and storage of lumber materials under the condition of a P.U.D. 445 W December 16, 1980 Hearing rand First Reading of Ordinance No. 177, 1980, Appropriating Unanticipated Revenues in the Family Disturbance Unit Grant Fund. The City of Fort Collins has been awarded an LEAA (Law Enforcement Assistance Administration) grant totalling $12,862 as a continuance of the Family Disturbance Unit Grant for the period of October 1, 1980, to December 31, 1980. These funds need to be appropriated in the Family Disturbance Unit. Grant Fund. They will be used for training of all patrol officers in family crisis intervention techniques. 19. Hearingr and First Reading of Ordinance No. 178, 1980, Appropriati Unanticipated Revenues in the Capital Projects Fund. This Ordinance appropriates CSU's contribution ($19,984) to the "Drake Road Bike Path" project in the Capital Projects Fund. 20. Hearing and First Reading of Ordinance No. 179, 1980, Appropriating UnaanA c ipated Revenues in the Larimer County Library Services Fund. This Ordinance appropriates $2,000 to be provided by Larimer County for library services for correctional inmates of Larimer County in the Larimer County Library Services Fund. 21. Hearing and First Reading of Ordinance No. 180, 1980, Appropriating Unanticipated Revenues in the Larimer County Library Services Fund. In 1981, two Library programs will be funded with monies from Larimer County. Specifically, the City will receive $16,700 to provide library services for correctional inmates of Larimer County and $45,000 for the Bookmobile which provides an outreach program for those who do not have ready accessibility to the main libraries. This ordinance appropriates the total $61,700 to be received from Larimer County in 1981 in the Larimer County Library Services Fund. 22. Resolution- Approving an Agreement with Larimer County to Collect - its U—Sales Tax on ity Issued Building Permits. This Resolution approves an agreement with Larimer County to collect its. ,1% sales tax. on City issued -building permits. The City will collect approximately $300,000, of which it will retain $15,000 as its 5% collection fee. ' 446 IDecember 16, 1980 23. Resolution Authorizing an Office Space Lease for the Grants Adminis- tration Office. This Resolution would authorize the lease of office space for the Grants Administration Division in the Old Firehouse on Walnut Street. 24. Resolutions Approving Agreements with Larimer County for Library ervi� ces. These three Resolutions approve the agreements with Larimer County for library services. 25. Resolution Adopting 1981 Fees and Charges Schedule for Grandview and Rose awn Cemeteries. This Resolution proposes a 10% increase in fees and charges for 1981, which is essentially the same as the increase in cemetery expenditures for 1981. 26. Resolution Adoptinq Revised Fort Collins Light and Power Utility ' ectric ervice u es an egu at ions. This Resolution adopts revised Electric Service Rules and Regulations containing three significant additions relative to refusal of service, fixed consumption billing, and parallel generation. 27. Two Resolutions Adopting a new Provision for Refusal of Service in the Water and ewer Uti ity u es and His' ations. A. Resolution Approving Additions to the Sewer Service Rules and Regulations of the Department of Water and Sewer. B. Resolution Approving Additions to the Water Service Rules and Regulations.of the Department of -Water and Sewer. The proposed provisions will facilitate the collection of past due utility bills by refusing new service or service equipment installa- tion until a satisfactory resolution of past due utility bills has been made. 28. Resolution Designating Representative from the City to Serve on the Board of Directors of the Platte River Power Authority. This Resolution reappoints Stan Case to the Board of Directors of the Platte River Power Authority. His term expires December 31, 1980 and ' the appointment is for a four-year term. 447 December 16, 1980 ' 29. Two Resolutions Approving Inters overnmental Agreements with the State Department of Highways Providing for the Maintenance of Traffic Signs a Signals and State Highways Within t e ity. A. Resolution Approving an Intergovernmental Agreement with the State Department of Highways Providing for the Maintenance of State Highways within the City. B. Resolution Approving an Intergovernmental Agreement with the State Department of Highways Providing for the Maintenance of Traffic Signs and Signals Within the City. 30. Resolution Approving an Agreement with the Humane Society for Larimer county. This Resolution approves the 1981 contract with the Larimer County Humane Society. The 1981 fee will be $30,000, which is less than a 5% increase over 1980. 31. Resolutions Approving Agreements with Other Agencies to Provide Human ervices. ' This Resolution authorizes execution of agreements with 16 human resource agencies for services in 1981. These contracts are consis- tent with the 1981 recommendations of the Larimer Human Resource Board. All City funding for these agencies will be out of revenue sharing funds. 32. Resolution Authorizing the City to Enter into an Agreement with C.S.U. or ater esting. This Resolution would authorize the City to enter into an agreement with C.S.U. for the continued sampling and total coliform testing of CSU's potable water system. 33. Resolution Approving the Transfer of 58 NCWCD Units to Fort Collins from Melody Homes. This Resolution would approve the transfer of 58 units of Northern Colorado Water Conservancy District water to the City of Fort Collins from Melody Homes. 34. Resolution Reducing the Parking Commission to Seven Members. The Parking Commission was created in 1979 with a membership of seven. That membership was expanded at the end of 1979 to include an I additional two regular members to be recommended for appointment by the County Commissioners. 448 December 16, 1980 We have received a request from the County that their representation on the Parking Commission be limited to one ex-officio non -voting advisory member to serve until removed by the County Commissioners. This Resolution accomplishes that change. 35. Resolution Approving the Renewal Contract with General Code Publishers Tor LoaiTicatnon oT uity urainances. In 1971, the City entered into contract with General Code Publishers of Spencerport, New York for codification and supplementation of the City Code. . That contract was last renewed for a two year term in 1978, with expiration on December 31, 1980. This Resolution would renew the contract for an additional one-year period. 36. Resolution Approvin the Contracts of the Two Golf Professionals, Bill e ier an amen reer. The contracts with Jim Greer and Bill Metier expire December 31, 1980. This Resolution would provide for the renewal of their contracts for 1981, with an automatic renewal for 1982 unless one of the parties ' desires to terminate. 37. Approval of Ditch Consolidation Study Contract. Staff recommends the contract for the Ditch Consolidation Study be awarded to Resource Consultants, Inc. in the amount of $85,000. 38. Approval of Purchase of Freeman Property North of the Service Center. Council discussed this purchase at the December 9th Work Session. 39. Tysdal Out -of -City Water Service Request. This is a request for out -of -city water service to a property located in the vicinity of Bingham Hill Reservoir. The applicants desire to construct a single family residence in an area adjacent to existing city water transmission lines. . 40. Routine Deeds and Easements. A. Deed from Nortran Ltd. and Taft Hill Development -Corporation for property needed for storm drainage purposes at the southeast corner of Prospect and Taft Hill Road in the Sonoran View Es- tates. Consideration: Donation. B. Deed from Taft Hill Development Corporation for property needed ' for storm drainage purposes southeast ot the Prospect/Taft Hill intersection. Consideration: Donation. December 16, 1980 ' C. Warranty Deed from Chism Homes, Inc. for a 2,828 linear foot easement needed in connection with the Warren Lake Sanitary Sewer Trunk Line. The easement is located in the Four Seasons P.U.D. between the Larkborough Subdivision and Shields Street. Con- sideration: Donation. . D. Power line easement from Thomas E. Dillon for an 8-foot utility easement adjacent to dedicated right—of-way in the Manning Subdivision at University and City Park Avenues. Consideration: $1.00. E. Agreements with Lucile V. Anderson for approximately one acre of property and fil used in construction of a dike. This agreement will formalize a verbal agreement made between the City and property owners during flood prevention operations last spring. The dike was constructed near the eastern bank of the Poudre river between Linden and Lincoln Street. The purchase price includes $1.50 per yard for approximately 3,650 cubic yards of fill. The total payable to Mrs. Anderson is $7,500. Negotia- tions are continuing for purchase of the remaining 17 acres for ' property needed in the CDBG Buckingham Greenbelt Open Space Project. 41. Hearin and First Readin of Ordinance No. 181, 1980, Annexing Pro erty Known as untiAiH Jews nnexation. This is a request to annex 296+ acres known as the Huntington Mews Annexation. The property is generally located west of County Road 13 (Lemay Avenue extended) and 1/2 mile north of Trilby Road (County Road 34). 42. Nearing and First Reading of Ordinance No. 182, 1980, Zoning Pro known ac 7iint;nntnn ews nnexatton. This is a request to zone the property known as the Huntington Mews Annexation. Applicants are requesting zoning the 296+ acres R-L-P, Low Density Planned Residential. 43... Fairway Estates Bi'siness Annexation. A. Resolution Setting Forth Findings of Facts and Conclusions Regarding the Fairway Estates Business Annexation. B. Hearing and First Reading of Ordinance No. 183, 1980, Annexing ' Property Known as Fairway Estates Business'Annexation. 450 December 16, 1980 C. Resolution Authorizing the City Manager to Execute a Memorandum of Understanding as it Relates to the Fairway Estates Business Annexation. D. Hearing and First Reading of Ordinance No. 184, 1980, Zoning Property Known as Fairway Estates Business Annexation. Ordinances on Second Reading were read by title by City Clerk, Wanda Krajicek. Item #5. Second Reading of Ordinance No. 162, 1980, Relating to Alarm_ Item #6. Second Reading of Ordinance No. 163, 1980, Annexing Property Known as Halcyon Annexation. Item V . Second Reading of Ordinance No. 164, 1980, Zoning Property Known as the Halcyon Annexation. Item #8. Second Reading of Ordinance No. 166, 1980, Vacating a Portion of the tan — Road R ght-of-Way in trachan Subdivision. Item #9. Second Reading of Ordinance No. 167, 1980, Relating to Rates for the Water and Sewer Utility. Item #10. Second Reading of Ordinance No. 169, 1980, Relating to Parkland Fees and Increasing the Amount to 500 for 198T. Item #11. Second Reading of Ordinance No. 170, 1980, Appropriating Prior Year Reserves and Unanticipated Revenues in Various Funds. Item #12. Second Reading of Ordinance No. 171, 1980, Authorizing a Short Term Loan and Appropriating the Proceeds in Fthe OVAM ngng un . Item #13. Second Reading of Ordinance No. 172, 1980, Adopting by Reference Appendices to the Uniform Building Code, 979 Edition. Ordinances on First Reading were read by title by City Clerk, Wanda Kra- jicek. Item #14. Hearing and First Reading of Ordinance No. 173, 1980, Rezoning ' Property Known as Suitts Rezoning. Item #15. Hearing and First Reading of Ordinance No. 174, 1980, Amending the um inq ode as�ifRates to Draina-� ae Pioe. 451 December 16, 1980 ' Item #16. Hearing and First Reading of Ordinance No. 175, 1980, Amendin Certain Sections of the U.B.C., 1979it Edion. Item #18. Hearing and First Reading of Ordinance No. 177, 1980, Appro- oriatino Unanticipated -Revenues i— n t-Fie-Fa'rni'ly 1stur ance Unit Item #19. Hearing and First Reading. of Ordinance No. 178, 1980, Appro- priating Unanticipated Revenues in the apital Projects Fund. Item #20. Hearing and First Readincl of Ordinance No. 179, 1980, Appro- pri ating Unanticipated Revenues in t e Larimer ounty Library Services Fund. Item #21. Hearing and First Reading of Ordinance No. 180, 1980, Appro- priat�nticipated evenues in the Larimer County Ljbrary Services un . Item #41. Hearing and First Reading of Ordinance No. 181, 1980, Annexing Property Known as Huntington Mews Annexa-- tion.-- ' Item #42. Hearing and First Reading of Ordinance No. 182, 1980, Zoning Councilman Kross made a motion, seconded by Councilman St. Croix, to adopt 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. Ordinance Adopted on First Reading Amending Section 62 of Chapter 118 of the Code of the City of Fort Collins Zoning Ordinance Following is the City Manager's memorandum on this item: "Background This is a staff -initiated amendment to the H-B zone to allow building supply yards and storage of lumber materials under the condition of a P.U.D. 452 1 December 16, 1980 Discussion Commercial functions which specialize in sales of home improvement items are allowed in the H-B zone as shopping centers developed as a P.U.D. The City in the past has had problems dealing with building supply yards and storage of lumber materials which usually accompany such uses. Previous solutions to the problem have included spot I-L zoning, although usually most have been approved as an accessory use. This amendment is designed to clear potential future problems with building supply yards and the storage of lumber materials. The uses are obvious accessory uses and it is unlike- ly they would develop independently; however, even if an independent request were received, externalities and City concerns could be addressed in the P.U.D. process. Recommendation Staff recommends approval. The Planning and Zoning Board recommended approval of the Amendment to the H-B zone (#120-80) to allow builders' supply yards and lumber yards on a vote of 7-0." Councilman Wilkinson expressed his concern relative to screening require- ments for outside storage areas. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 176, 1980, on First Reading with the understanding that staff will bring an amendment regarding screening on Second Reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Adopted,Authorizing an Office ace Lease for the Grants Administration Office Following is the City Manager's memorandum on this item: "The Community Development Block Grant program and the other programs administered by the Grants Administration Division have grown to the point of needing additional office space. They presently lease office space in two separate locations and one of those locations will not be available after March, 1981. Every present City facility was examined to 453 December 16, 1980 try to find adequate space and none could be found. Staff is therefore recommending that the Grants Administration Office lease space in the downtown area. Our Facilities Division has negotiated a lease with Mr. and Mrs. Ted Will for the Grants Administration Office to locate in the Old Firehouse. As Council knows, the Wills are just completing a total renovation of the building and restoring the exterior to its original character and redoing the interior for new office and retail uses. The lease would be for a term of two years at an annual rental of $12,000 per year plus the cost of utilities. The City would have an option to renew the lease at the end of the term at rates to be agreed upon at that time. The space consists of 1,767 square feet plus two on -site parking spaces. Additional parking spaces will be rented in the LaPorte Avenue Parking Lot. The office is well located for our needs and easily accessible by citizens. It puts the Grants Administration Office into an area that has been the recipient of federal grant monies and is an opportunity to support the redevelopment effort that is taking place downtown. Federal funds from the Community Development Block Grant program have been budgeted for this purpose and would be used to pay the rent. Staff recommends approval of this resolution." Councilman Wilkinson requested additional information on the number of employees that would be housed there in relation to the size of the space to be leased. Planning Director Mabry replied that there were 7 employees in Human Development and that the additional space would be utilized by the Citizen Steering Committee as a conference area and also could be used by the S.A.V.E. program and several other temporary programs. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to adopt this Resol.ution.. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays:- None. THE MOTION CARRIED. L�I 454 December 16, 1980 Resolutions Approving Agreements with Other Agencies to Provide Human Services, Adopted as Amended Following is the City Manager's memorandum on this item: "The attached Resolution authorizes execution of agreements with 16 human resource agencies for services in 1981. These contracts are consistent with the 1981 recommendations of the Larimer Human Resource Board, which are included as additional background. All City funding for these agencies will be out of revenue sharing funds. The 16 agencies and their funding levels are as follows: Monthly Annual 1. Elizabeth Stone Resource Center $ 797.50 $ 9,570.00 2. United Day Care Center 831.50 9,978.00 3. Volunteers Clearing House 333.33 3,999.96 4. Larimer Association for Retarded Citizens 125.00 1,500.00 5. Battered Women's Task Force 340.42 4,085.04 6. Community Crisis and Information Center 2,574.58 30,894.96 7. Larimer County Youth Homes 426.67 5,120.04 8. Home Helps 1,514.25 18,171.00 9. Larimer County Alcohol Services 514.67 6,176.04 10. Larimer County Association of Blind and Physically Handicapped 997.00 11. Colorado Rural Legal Services 275.00 3,300.00 12. Senior Chuck Wagon 897.00 13. Neighbor -to -Neighbor 500.00 6,000.00 14. Poudre-Thompson Transportation Corps, Inc. 1,064.00 15. Planned Parenthood 1,000.00 16. Sunshine School 156.25 1,875.00" Councilman Wilmarth expressed concern about the $3,300 allocated for the Colorado Rural Legal Services. He stated that he knew of several cases that would indicate to him that this organization should not be funded. Councilman Wilmarth made a motion, seconded by Councilman Wilkinson, _to amend the Resolution to delete the $3,300 grant to Colorado Legal Services. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: Councilman Kross. THE MOTION CARRIED. 455 December 16, 1980 Councilman Bowling suggested that this request be considered at the January 6th meeting to allow Colorado Rural Legal Services to appear to present their case. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to approve the amended Resolution and to table the portion relating to Colo- rado Rural Legal Services until January 6th. Yeas: Councilmembers Bowl- ing, Gray, Kross, St. Croix, Wilkinson, and Wilmarth. Nays: None. (Reeves withdrawn). THE MOTION CARRIED. Mayor Gray asked that staff notify Colorado Rural Legal Services of the time and date this will be on the agenda. Tysdal Out -of -City Water Service Request Tabled Indefinitely Following is the City Manager's memorandum on this item: "This is a request for out -of -city water service to a property located in ' the vicinity of Bingham Hill Reservoir. The applicants desire to construct a single family residence in an area adjacent to existing city water transmission lines. The Water Board recommended approval of this request at their October 17, 1980 meeting, subject to the following conditions: 1. Successful negotiation of easements desired by the City in association with Bingham Hill Reservoir and Claymore Lake. 2. Property owners agree to annexation when desired by the City of Fort Collins. The staff recommends approval of this request subject to the above condi- tions. The Planning and Zoning Board recommended approval of the Tysdal Out -of - City Water Service Request (#132-80) subject to the above conditions on a 6-0 vote with one abstention." Councilman Wilmarth noted that .the Tysdals were the same family that the City has been trying to obtain easements from for the trail system. He asked that this item be tabled indefinitely to allow further negotiations I with the Tysdals on the trail parcels. 456 December 16, 1980 Councilman Bowling made a motion, seconded by Councilman Wilmarth, to table the Tysdal Out -of -City water request until such time the administration has a chance to negotiate the trail system easements with them. Yeas: Coun- cilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wil- marth. Nays: None. THE MOTION CARRIED. Ordinance Adopted Vacating Easements Streets and Other Public Rights -of -Way in Collindale. 3rd Filino Following is the City Manager's memorandum on this item: "This Ordinance was unanimously approved on First Reading on November 18th (with Councilwoman Reeves withdrawn) and vacates the easements, streets and other public rights -of -way in Collindale, 3rd Filing and rededicates them in their correct location." City Manager John Arnold noted that this item would normally have been on the Consent Calendar except for Councilwoman Reeves' conflict. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to adopt and approve Ordinance No. 165 on First Reading. Yeas: Council - members Bowling, Gray, Kross, St. Croix, Wilkinson, and Wilmarth. Nays: None. (Councilwoman Reeves out of room). THE MOTION CARRIED. Suitts Lease Agreement for Portion of the Poudre and Spring Creek Trails System, Approved Following is the City Manager's memorandum on this item: "The City has negotiated a lease agreement with William and Elizabeth Suitts for property needed in the Poudre and Spring Creek Trails Systems. ' The property to be leased contains 27.624 acres located east of Lemay between Highway 14 and Prospect which can be used for open space, biking, 457 December 16, 1980 hiking, and equestrian trails. The City has agreed to install and maintain all improvements at no cost to the Suitts. There is no money to be paid to the lessor under the terms of the lease. While the lease is for a 25-year period, it will be terminated when the property is donated 'to the City as planned after tax considerations are appropriate for the Suitts. The City greatly appreciates this donation. It is a significant contribu- tion to our trails program." City Manager John Arnold pointed out that Mr. Suitts has donated to the City 33.5 acres of land valued at approximately $67,000. Mr. Bill Suitts and his son were both present and expressed their apprecia- tion to the City staff. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to approve this lease agreement. Yeas: Councilmembers Bowling, Gray, ' Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None, THE MOTION CARRIED. Resolution Making an Appointment to the Parking Commission, Approved Following is the City Manager's memorandum on this item: "The term of Charles Peterson on the Parking Commission expired in Novem- ber. Council needs to consider the attached applications for membership on the Commission and make an appointment for a term to expire on July 1, 1984." Councilman Bowling suggested the reappointment of Chuck Peterson, Sr. to the Parking Commission as requested"by the Commission. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to approve the Resolution inserting the name of Chuck Peterson, Sr. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth., Nays: None. THE MOTION CARRIED. , 458 1 December 16, 1980 Ordinance Adopted on First Reading Vacating a Utility Easement in Lot 2 and Lot 3 Manninq Subdivision, First Filing Following is the City Manager's memorandum on this item: "The applicant is requesting vacation of the existing utility easement on the west 6 feet of Lot 2 and the east 6 feet of Lot 3, Manning First Subdivision, located west of Shields Street and south of University Avenue. It is the owner's intent to construct a 24 unit apartment building which necessitates this vacation. The request was reviewed by the affected City Departments and public utility agencies, and the staff recommends approval of the vacation request (#123-80)." Councilman St. Croix made a motion, seconded by Councilwoman Reeves, to approve Ordinance No. 185 on First Reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. City Attorney's Report. City,.IAttorney Liley distributed copies of the monthly litigation report. She pointed out that the named defendants in the Jewert case are covered by one of the City's insurance policies but that punitive damages are not recoverable under the policies. City Manager's Report. City Manager John Arnold noted that there would be a meeting between the pool and ice rink people and the Parks and Recreation Board on Thursday night. He further noted that the quarterly review of the index of street coststo see if the street oversizing fees need to be adjusted had been completed and the fees do not need to be increased. He announced that the Citizens Advisory Board for the quality of life audit was being established and applications are being solicited for appointment ' in January. 459 December 16, 1980 Councilmembers' Reports. Councilman Kross reported that the first meeting of the combined Fire Authority would be held on Thursday. Citizen Participation A. Presentation of 1981 Community Calendar by Marge Roberts of the Co oradoan. Councilman Bowling received the calendar on behalf of the Council. B. Presentation of Award of Merit for Municipal Annual Reports to Phyllis_ Griep. Mayor Gray presented the award to Phyllis Griep. C. Phyllis Griep presented certificates to all those members of the ' citizen telephone survey team that were present. Ordinance Adopted on Second Reading Establishing a Storm Drainage Utility Fee Following is the City Manager's memorandum on this item: "The Storm Drainage Board reviewed the proposed ordinance and recommended adoption of the Storm Drainage Utility Fee. The City Council adopted the ordinance on First Reading by a 6-1 vote on November 18th and requested that a public hearing be advertised for the Second Reading on December 16, 1980. The public hearing was advertised for this meeting at 7:30 p.m. The 1980 budget consolidated the storm drainage activities of the.City into a "Storm Drainage Utility". These activities included the drainage -related maintenance functions of the Streets Division and the drainage planning and review, floodplain administration, and" drainage design functions of the Engineering Division. One of the proposals in the 1980 budget was to - implement a monthly storm drainage fee to support the operations, adminis- tration and maintenance portions of the new utility. During budget discus- sion, Council decided to delay _implementing such a fee until later in the year.. 1 460 I December 16, 1980 This past fall, Council reconsidered the monthly fee during budget work sessions and directed the staff to assemble the information necessary to implement the fee, with January 1, 1981 as the target date for implementa- tion. The Engineering staff has assembled the base data on which the monthly fee for each property will be based: service address, lot area, intensity of development, etc. The attached ordinance establishes the monthly fee for operations and maintenance, describes the methods for determining, collect- ing and accounting for these fees, and establishes a hearing procedure for the purpose of reviewing fee determinations. This ordinance was drafted by the City Attorney's office and was reviewed by the staff prior to an initial presentation to the Storm Drainage Board on October 29th." A public hearing on this item had been advertised and schedules for this meeting; however no one appeared to speak on the issue. Councilman Kross made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 168 on Second Reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, and Wilkinson. Nays: Councilman Wilmarth. THE MOTION CARRIED. Ordinance Adopted on First Reading Assessing the Cost of Repair of Certain Sidewalks and Providing for the Payment and Collection Following is the City Manager's memorandum on this item: "The final inspection of Sidewalk Repair District No. 7 (bounded by Col- lege, Pitkin, Stover and Laurel, and City Hall block) was completed on November 14, 1980. The initial action on this improvement district was prompted by numerous citizen complaints from residents in the area and City Council created the repair district by Ordinance No. 41, 1980. Kiefer Concrete was awarded the contract for repair work with unit costs of $2.19 per square foot for 4" concrete, $2.69 per square foot for 6" con- crete and $7.86 per square foot for concrete walk affected by tree roots. Repair work was started on August 4,.1980. The total budget for the project was estimated at $75,352, including $20,000 for City participation ' for repair work of sidewalks at intersections and at alley entrances. Final costs for the district were considerably less than the original estimate, due to the large proportion of work contracted individually by property owners. 461 The total cost break -down is as follows: Construction cost, property owner Construction cost, City Total construction cost December 16, 1980 $12,655.37 $13,424.09 $26,079.46 Assessment for Engineering and Other Incidentals 10% Assessment costs are as follows: Engineering 6% Legal & Publication 4% _MF The assessment roll is a part of the Ordinance and lists the last known owner of each property, the address of each property and the amount to be assessed. The assessed amount is broken down for each property per each phase of construction including the 10% administrative charge. Councilman Wilkinson made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 186 on First Reading. Yeas: Councilmembers I Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Request to Consider Formation of a Downtown Development Authority Discussed Following is the City Manager's memorandum on this item: "The Downtown Steering Committee will make a presentation requesting Council call an election for the formation of a Downtown Development Authority. Karl Carson, chairman of the Committee, will be making the presentation. You may want to refer this matter to the staff for review and preparation of the formal ordinances that you would need to consider to call such an election. Staff could have that review completed and the. ordinances prepared for your next meeting, January 6, 1981. Your schedule for that meeting includes a public hearing on the downtown and this item would fit perfectly with that hearing. You may want to refer to Dr. Carson's letter regarding the establishment of a Downtown Development Authority which was sent to you several weeks I ago." E, ' December 16, 1980 Dr. Karl Carson made a presentation regarding the formation of a Downtown Development Authority. He presented petitions circulated in support of the formation of the Authority. Councilman Bowling suggested that the Steering Committee serve as a nomi- nating committee for the Authority. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to accept the report of the Steering Committee and to direct staff to proceed with establishing an election date. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution for Inducement for Industrial Development Bonds, Approved ' Following is the City Manager's memorandum on this item: "The City of Fort Collins has received a formal request from the Linden Square Partnership to issue $5,500,000 of Industrial Development Bonds to support their rehabilitation projects in Historic Old Town. Their two projects are the Linden Hotel/Salvation Army buildings and the Northern Hotel. They own the Linden Hotel and the Salvation Army Buildings and have an option to purchase the Northern Hotel. Council has been furnished separately the report prepared by the Partnership outlining the rehabili- tation program for both projects. The essence of the program would be to restore the exterior of all buildings to their original character and to rebuild the interior for a mix of uses. The Linden Square Partnership consists of four individuals. They have all submitted certified financial statements. Review of those statements indicates a substantial net worth with the financial ability to support a project of the magnitude proposed. The specific action requested of the City Council at this point is the adoption of an Inducement Resolution. If adopted, the wheels will then be set in motion to do the detailed design, financial and legal planning required for the actual issuance of the Industrial Development Bonds. The Inducement Resolution is not intended to be a binding commitment to issue the bonds but rather indicates the interest and intent of both parties to move to the next more detailed step. Obviously, there are many details to ' reconcile before either the Partnership or the City would be in a position to make specific commitments. 463 December 16, 1980 ' This is the first formal request for Industrial Development Bonds received by the City. We anticipate there will be others, and we think it appro- priate to have some criteria by which to evaluate the practicality and suitability of each. A memo from Ron Wood is included which outlines guidelines for determining what conditions must be present for issuing IDB's. This request meets all of the City policies relating to encouraging downtown development, enhancing the economic vitality of downtown, and restoring the historic character of the Old Town Historic District. Staff recommends adoption of this Inducement Resolution and further re- quests Council to direct staff to work cooperatively with the Linden Square Partnership in the next phase of this project." City Attorney Liley described several minor amendments that were needed to the Resolution. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to amend the Resolution as outlined by the City Attorney. John Knezevich, 708 W. Oak, expressed several concerns regarding this proposal and suggested that Council strongly consider the philosophy I associated with these bonds. Eugene Mitchell spoke in favor of this proposal. Councilman Kross made a motion, seconded by Councilman Wilkinson, to approve the Resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Other Business Councilman Wilmarth made a motion, seconded by Councilwoman Reeves, to include in the 1981 April Charter amendments, a runoff system for at -large elections and to ask the staff to come back with a specific proposal. Councilwoman Reeves asked if Councilman Wilmarth was specifically excluding the district elections. Councilman Wilmarth replied that he was at least until after this next election. Councilman Wilkinson made a motion, seconded by Councilman Bowling, to amend the motion to read that this be referred back to the Chamber of Commerce and the League of Women Voters and staff, with staff to report , back to Council in January on a runoff procedure for the general election. I December 16, 1980 City Attorney Liley requested clarification of Council direction. Councilman Wilkinson replied that staff was to work with the two organiza- tions to develop an ordinance not present an ordinance for their approval. If the twoogranizations are not w lling to do this, staff is to report back and the probable direction will be for staff to develop an ordinance on their own. Councilman Kross questioned why they were asking staff to devote more effort into developing a system that there may not be support for. He suggested dealing with the issue. Councilman St. Croix concurred with Councilman Kross' statements. Mayor Gray suggested a meeting between herself, Councilman Wilmarth and the City Attorney and any other Councilmember who would like to offer input or suggestions. The vote on the above motion and amendment was as follows: Yeas: Councilmembers Bowling, Gray, Reeves, Wilkinson, and Wilmarth. Nays: Councilmembers Kross and St. Croix. THE MOTION CARRIED. Councilman Wilkinson made a motion, seconded by Councilman Bowling, to adjourn into Executive Session to discuss legal matters. Yeas: Council - members Bowling, Gray, Reeves, St. Croix, and Wilkinson. Nays: Council - members Kross and Wilmarth. THE MOTION CARRIED. Adjournment At the conclusion of the Executive Session, the meeting adjourned at 9:45 p.m. If I i A ATTEST: �F-Y-q-�nierk�' 465