Loading...
HomeMy WebLinkAboutMINUTES-12/18/1979-RegularIDecember 18, 1979 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 18, 1979, 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, Wilkinson and WiImarth. Absent: Councilman St. Croix. Staff Members Present: Arnold, Liley, Lewis, Lanspery, Wood, Rupel, Phillips, Lee, R. Balok, 1C. Smith, R. Smith, Bingman, O'Neill, Mabry. Agenda Review: City Manager ' City Manager, John Arnold, stated he wanted item #21: Hearing and First Reading of Ordinance No. 178, 1979, Relating to Procedures in the Municipal Court, withdrawn for discussion; he then stated item #,35: Park South P.U.D., Final, has been withdrawn from this evening's agenda. The Manager then reported he had one item of other business, being a land purchase. 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 sepa- rately. (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: Items on the Consent Calendar are: 1) Ordinances on First Reading that are routine. 2) Ordinances on Second Reading that are routine. 3) Those of no controversy. 4) Routine administrative actions. ' 7his 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. December 18, 1979 10. Consider Approval of the Minutes of the Regular fleeting of December 4, 1979. 11. Second Reading of Ordinance No. 156, 1979, Providing for the Collection of Storm Drainage Plant Investment Fee. 12. Based on the recommendation of the Storm Drainage Board, staff recommends this Ordinance be tabled indefinitely. This Ordinance was adopted unanimously on First Reading at the December 4th meeting and sets the employer's contribution rates for the Police and Fire Pension Funds at 17.15% and 19.11% respectively. 13. Second Reading of Ordinance No. 167, 1979, Vacating an Access Easement and a Utility Easement in the Wagner Fraternity Park Subdivision. This Ordinance was adopted unanimously on First Reading at the December 4th meeting and is a proposal to vacate portion (s) of a utility easement between lots 3-4-5 of Wagner Fraternity Park Subdivision. /14. Second keading of Ordinance rio. 169, 1979, Appropriating Funds for Expenditure During 1979. This Ordinance passed favorably on First Reading on December 4th, and would appropriate monies to several funds for use during 1979. 15. Second Reading of Ordinance No. 170, 1979, Desinn_at_in-c_Old Town Fort Collins as an Historic District. This Ordinance was adopted unanimously on First Reading on December 4th and relates to the designation of the Old Town Fort Collins Historic District consisting of a part of the "Triangle" area of the Old Town section of Fort Collins. 16. Second Reading of Ordinance No. 171, 1979 Policemen's Pension Funds and Increasinq This Ordinance was adopted unanimously on First Reading on' December 4th and would increase the Pension Fund Contribution rate of Fire and Police Department members to 7.5% and would become effective on January 7, 1980. 17. Second Readinq of Ordinance No. 172, 1979, Providing for the Master Planninn of PL,ocn.i fl.�, •.,l .,ninon+c Staff recommends this Ordinance be tabled on Second Reading until January 8. [1 December 1979 ' 18. Second Reading of Ordinance No. 173, 1979, Vacating a Portion of an Alley in Block 112 of the City of Fort Collins. This Ordinance was adopted unanimously on First Reading at the December 4th meeting and vacates a small portion of the alley between Pitzelle's Restaurant and the Old Post Office. 19. Second Reading of Ordinance No. 175,1979, Providing for Conceptual Review of This Ordinance was adopted unanimously on First Reading on December 4th and would implement development review procedures. 20. Hearing and First Readinq of Ordinance No. 177, 1979, Relating to Handicapped Parking. This Ordinance will enable the Police Department to enforce violations of handicapped parking spaces on private parking lots and is in accord with a recently passed state statute. 21. Hearing and First Reading of Ordinance No. 178, 1979, Relating to Procedures in the Municipal Court. This Ordinance formally provides that the Municipal Court Rules of Procedures ' aS es'.cdlished by the Colorado Supreme Court will govcrn proceedings in the City's Municipal Court. Furthermore, it provides for police cadets to investigate accidents and issue citations. 22. Resolution Authorizing the City to Enter into an Agreement with the State of Colorado, Providinq for I.P.A. Grant for Traininq Proqrams. This grant will pay for training materials and personnel costs to build a training program for first level supervisors. 23. Resolution Approvinq an Agreement with the Humane Society for Larimer Count, This agreement is for 1980 Humane Society Services. 24. Resolution Changing the name of "Coordinating Commission for Senior Citizens" to "Senior Citizens Board". The Chairman of the Coordinating Commission for Senior Citizens has made a recommendation to the Council to change the name of the Board to "The Senior Citizens Board." 25. Resolution Making Appointments to the Parking Commission. On December 4th, Council adopted a Resolution providing for the addition of I two members to the Parking. Commission. These additional members were recommended for appointment by the County Commissioners. -300- December , 1979 26. Resolution Authorizinq the Chief of.Police to Destroy lost, stolen or confiscated firearms and weapons. This Resolution would permit the destruction of weapons that have been confiscated by the Police Department over a period of years. 27. Request for approval of the extension of the home ownership demonstration T & C Builders has requested Community Development Block Grant Funds to assist with the cost of developing sewer, water and road services for eight lots north of Alta Vista. 28. Request into a Contr r Associates This contract is for architectural services for a proposed addition and modifications at the Service Center. �. Sole Source Purchase of Four 15KV Air Circuit Breaker Elements. The cost of the circuit breaker elements is $49,344. Paragraph 2-59 of Article XV of the Code of the City of Fort Collins requires approval of sole source purchases exceeding $10,000. 30. Streetlight Fixtures - Exempt from biddinq procedures. The City uses one style and manufacturer of streetlight fixtures to provide consistency throughout the City. In accordance with paragraph 2-60. A(4) of Article XV of the Code this item is exempt from the bidding procedure. 31. Report on Emergency Hoof Repairs This emergency repair was necessary due to roof damage at 3 locations caused by the July hail storm. 32. Columbia Savings P.U.D., Preliminary This is a request for preliminary approval for a one lot commercial P.U.D., located on the northwest corner of the intersection of Foothills Parkway and South College Avenue. 33. Preliminary P.U.D. of University Hilton Inn This is a proposal for preliminary P.U.D...plat approval for a 3.84 acre parcel consisting of a 150-unit motel with accessory restaurant, coffee shop, lounge and meeting rooms located on the Southwest corner of the intersection of Center Street and Prospect Road. MIZE 11 ' 34. Milkhouse P.U.D. Final December 18, 1979 This is a final proposal for a commercial P.U.D., on 1.6 :acres, located on East Swallow, west of Lemay Avenue. Included on this site is a 5,000 sq. ft. office building, two existing tennis courts, and the hlilkhouse structure, which will be deeded to the City after its development for use as a City Park. 35. Park South P.U.D., Final This is a final proposal for a 215 unit P.U.D. located north of Horsetooth Road and west of the C&S railroad tracks. 36. South Shores P.U.D., Final This is _a final proposal for a 28 unit P.U.D., on 12.8 acres, located along the north side of Centennial Road between Silverwood Drive and Parklake Drive. 37. Resolution authorizing the City to enter into an agreement with Gingery & Associates for professional services for Spring Creek drainage study. This Resolution would authorize the City to execute an agreement for professional services for Spring Creek drainage study. ' 38. Routine Deeds and Easements a. Power line easement from Elmer and Uilliam Brune for construction of an underground duct bank located on the north side of East Horsetooth Road west of John F..Kennedy Drive. Consideration: $1.00. b. Power line easement from Certified Realty Corporation located on the west side of Shields between Swallori Road and the Wagon +:!heel Subdivision, to provide electric service to that subdivision. Consideration: $1.00. c. Walkway easement from Everitt Enterprises, Inc. on the south side of Tract H of the Replat of Southmoor Village East Third Filing. Consideration: Hone. d. Power line easement from James D: P.eidhead, Robert C. Sanz, Milner e and Joseph Reyk located at the rear of 173 North College Avenue, for the purpose of providing electric service to 1.69 and 173i1orth College Avenue. Consideration: $1.00 ' e. Power line easement from John U.-sley Briggs located at.'the rear of 169 North College Avenue, for the purpose of providing electric service to 169 and 173 North College Avenue f. Agreement to donate land from Clancy Adams Por 0.62 acre located north ' of Stuart between Lemay and Stover, for a portion of the Spring Creek Trails system. Consideration: Donation. - 30 2- December 18, 1979 Power line with Colorado and Southern Railway ' g. crossing agreement located on Linden Street between Willow and Jefferson, for construction of a main feeder duck bank and substation tie circuit. Consideration: $500 one time charge. END CONSENT The following items were withdrawn from the Consent Calendar; Item #11: Second Reading of Ordinance No. 156, 1979, Providing for the Collec- -tion of Storm Drainage Plant Investment Fee. Item #20: Hearing and First Reading of Ordinance No. 177, 1979, Relating to Handicapped Parking. Item #26: Resolution Authorizing the Chief of Police to Destroy lost, stolen or confiscated firearms and weapons. Item 1r27: Request for approval of the extension of the home ownership demon- stration project - Alta Vista Demonstration Project. Item #37: Resolution Authorizing the City to enter into an agreement with Gingery & Associates for professional services for Spring Creek drainage study.. Ordinances on Second Reading were read by Title by City Clerk, Verna Lewis. 12. Second Reading of Ordinance No. 165 1979, Relating to Firemen's and Policemen's Pension Funds. 13. Second Reading of Ordinance No. 167 1979, Vacating an Access Easement and a Utility Easement in the Wagner Fraternity Park Subdivision. 14. Second Reading of Ordinance No. 169, 1979, Appropriating Funds for Expenditure During 1979. 15. Second Reading of Ordinance No. 170 1979, Designating Old Town Fort Collins as an Historic District. 16. Second'Reading of Ordinance No. 171 1979 Relating to Firemen's and Policemen's Pension Funds and Increasing Employees Contribution. 17. Second Reading of Ordinance No. 172, 1979, Providing for the toaster Planning of Phased Developments. 18. Second Reading of Ordinance 173, 1979, Vacating a Portion of an -No.' Alley in Block 112 of the City of Fort Collins. 19. Second'Reading of Ordinance No. 175, 1979, Providing for Conceptual ' Review of Subdivision Plats. -303- December 18, 1979 Ordinances on First Reading were read by Title by City Clerk, Verna Lewis. 20. Hearing and First Reading of Ordinance No. 177, 1979, Relating to Handicapped Parkina. 21. Hearing and First Reading Procedures in the Muni'cipa 8. 1979. Relating to Councilwoman Gray made a motion, seconded by Councilman Wilkinson, to adopt and approve all items not withdrawn from the Consent Calendar. YEAS: Councilmembers Bowling, Gray, Reeves, Kross, Wilkinson and Wilmarth. NAYS:, None. THE MOTION CARRIED. Ordinance Tabled Indefinitely Providing For the Collection of Storm Drainage Plant Investment Fee Following is the City Manager's memorandum on this item. "This Ordinance was tabled to this date on Second Reading on December 4th, and would impose a Storm Drainage Plant Investment Fee. Based on the recommendation of the Storm Drainage Board (copy attached), staff recommends this item be tabled indefinitely." DATE: December 18, 1979 TO: The Honorable Mayor, Charles Bowling FROM: Vic Meline, Chairman of the,Storm Drainage Board THRU: John Arnold, City Manager RE: Storm Drainage Plant Investment Fee In accordance with your request that the Storm Drainage Board consider the proposed plant investment fee for storm drainage, we wish to forward to the Council the following recommendation. -;u4- December 19, 1979 The Board has discussed the proposed fee and considered a number of alternatives. Several board members also attended the meeting at which the fee was presented to representatives of the local developers. Based upon these discussions, we wish to recommend that the City Council not impose a plant investment fee for storm drainage at this time. We feel that a proposal for such a fee should be reintroduced sometime in mid-1960 when a number of the basin master plans now underway have been completed. The results of these basin plans should provide the information necessary to more thoroughly evaluate the pronosed fee. Councilwoman Reeves inquired into the Storm Drainage Utility Financing consequences. City Manager, John Arnold, responded that there were none. This Ordinance will be brought back in approximately six to seven months. Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, to table Ordinance No. 156, 1979, indefinitely. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, Wilkinson, Wilmarth. NAYS: None. THE MOTION CARRIED. Ordinance Adopted on First Reading, Relating to Handicapped Parking. Following is the City Manager's memorandum on this item. "This Ordinance will enable the Police Department to enforce violations of handicapped parking spaces on private parking lots and is in accordance with a recently passed state statute." Councilman Wilkinson inquired into the enforceability of this Ordinance. Assistant City Attorney Ruggiero, explained that under this Ordinance, Council is adopting the placa,rdi,ng system that the state has set up, which provides that a plaque or license plate can be obtained. On private property, signs will be installed at the owners' expense, and enforcement Will be by the Police Department. Councilwoman Gray made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 177, 1979, on First Reading. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, Wilkinson, Wilmarth. NAYS: None. THE MOTION CARRIED. 1 -305- IDecember 18, 1979 Ordinance Adopted as Amended Relating to Procedures in Municipal Court. Following is the City Manager's memorandum on this item "This Ordinance formally provides that the Municipal Court Rules of Procedures as established by the Colorado Supreme Court will govern proceedings in the City's Municipal Court. furthermore, it provides for police cadets to investigate accidents and issue citations. This provision will allow the Police Department to more effectively utilize its personnel." City Manager, John Arnold, requested the Ordinance be amended to add Park Rangers. Councilman Wilmarth expressed his concern regarding police cadets, having the proper training and experience to handle this assignment. Assistant City Attorney Ruggiero, spoke to the limited duties the cadets would have in investigating non injury accidents. City Attorney, Lucia Liley, recommended an addition to the Ordinance to read as follows: "and Park Rangers shall be deemed to be Peace Officers, provided, however, that Animal Control Officers, Parking Enforcement Officers, Police Cadets and Park Rangers shall be given only such authority as set forth in administrative regulations relative thereto which shall hereinafter be adopted." Councilman Wilmarth made a motion, seconded by Councilwoman Gray, to amend Ordinance No. 178, 1979, by adding a phrase as follows: "and Park Rangers shall be deemed to be Peace Officers, provided, however, that Animal Control Officers, Parking Enforcement Officers, Police Cadets and Park Rangers shall be given only such authority as set forth in administrative regulations relative thereto which shall hereinafter be adopted." YEAS: Councilmembers Bowling, Gray, Kross, Reeves, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. -306- December 18, 1979 Councilwoman Gray made a motion, second by Councilman Wilkinson, to adopt Ordinance No. 178, 1979, as amended on First Reading. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, Wilkinson and Wilmarth. NAYS; None. THE MOTION CARRIED. Resolution Adopted Authorizing the Chief of Police to Destroy lost, Stolen, or Confiscated Firearms and weapons. Following is the City Manager's memorandum on this item. "The weapons on the attached Exhibit A, have been collected over a period of years, are abandoned or seized and therefore cannot be returned to their owners. According to present City Ordinance, stolen and confiscated property must be disposed of by public auction. The Police Department does not feel that returning these weapons to active use in the community is in the best interests of the community. Therefore, the attached Resolution would permit the destruction of the weapons. The means of destruction is unspecified at this ' time; however, the weapons would be rendered totally useless and buried." Councilman Kross requested a clarification of the classification of weapons. Assistant City Attorney, Deagle, reported that the City must be a licensed agency in order to sell sporting weapons. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to adopt the Resolution. YEAS: Councilmembers Bowling, Gray, Reeves, Wilkinson. NAYS: Councilman Kross Councilman Wilmarth abstained. THE MOTION CARRIED. Extension 'of Home Ownership Demon- stration Project Approved Following is the City Manager's memorandum on this item. Jim Sabin of T & C Builders has requested Community Development Block ' Grant funds to assist with the cost of developing sewer; water and road services for eight lots north of Alta Vista. His intention is to build three bedroom homes for moderate income families. I December 18, 1979 FUNDING This project is to be funded through the 1979-1980 Community Development Block Grant Contingency Reserve Fund and meets all eligibility requirements The Contingency Reserve Fund has a balance.of $75,700. The Project will cost $60,000, which leaves a balance of $15,700 in the reserve fund. PROPOSAL The three bedroom homes for this project will sell for $48,800. Families who would qualify and enter into an agreement with T & C Builders and the City would get a reduction of $7,500 , making the purchase price $41,300 with the stipulation of a rateable cen-year lien on their property. H.U.D. has reviewed the proposal and is excited about the innovative nature of this public/private venture. RECOMMENDATION Staff has carefully reviewed legal and contractual aspects of the project and recommends it to Council. ' Councilman Wilkinson inquired i.f thi,s project would be built to City Standards. Planning and Development Director, Charles Mabry, reported there would be no curb, no sidewalk, no street lights, and no gutter, but it would be developed in accordance with the plan adopted for ithat area. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to approve Extension of Home Ownership Demonstration Project. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, Wilkinson and Wilmarth. NAYS: None. THE NOTION CARRIED. Resolution Adopted, Authorizing the City to enter into an Agreement with Gingery & Associates for Professional Services for Spring Creek Drainage Studv Following is the City Manager's memorandum on this item. "This agreement is for an amount not to exceed $58,000 and has been discussed in concept with the Council at work sessions. C December 18, 1979 The Colorado Water Conservancy Board will be responsible for $22,000 of the above amount." Councilman Wilkinson inquired into how many interviews were held before the selection was made. Project Director, Bob Smith, stated 21 firms had submitted proposals and 4 firms have been interviewed. Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to adopt the resolution. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Jiffylube Planned Unit Development, Preliminary and Final and a Variance from the Two .Acre Requirement of the P.U.D. Ordinance Approved Mayor Bowling asked to be excused from participation or vote on this item, as he has a conflict of interest in this matter. Assistant Mayor, Nancy Gray, assumed the chair. Following is the City Manager's memorandum on this item. Proposal The applicant is proposing to remove the Old Exxon Gas Station at the northwest corner of College and Drake replacing it with a new building housing a "Jiffylube" operation and a car wash. Detailed information is included in the applicant's submittal (attached). Land Use Data Total land area - - - - - - - - - - Building area - - - - - - - - - Parking - - - - - - - - - - 27,930 sq. ft. - - .64 acres 2,520 sq. ft. - -9.0 % 13 spaces - - - -1/194 Paved area - - - - - - - - - - 22,010 sq. ,ft. - -78.8 % Landscaped area - - - - - - - - - - 3,400 sq. ft. - -12.2 % -509- 1! December 18, 1979 ' Variance A variance is requested from the two acre requirement of the P.U.D. as a part of this application. The total land area is .64 acre. The parcel is an out parcel from the larger K-Mart Plaza Subdivision and P.U.D. which surrounds it on the west and north. Recommendation The Planning and Zoning Board recommended approval of both the variance and the P.U.D. request. Councilwoman Reeves made a motion, seconded by Councilman Kross, to approve the Jiffylube P.U.D., Preliminary and Final and the variance from the two acre requirement. YEAS: Councilmembers Gray, Kross, Reeves, Wilkinson, Wilmarth. NAYS: None. Mayor Bowling was out of the room. THE �,IOTION CARRIED. Ordinance Tabled on Second Reading, Creating a Storm Sewer Improvement District #17. Following is the City Manager's memorandum on this item. "This Ordinance appeared on the December 4th agenda and was tabled to this date. We know the developers have had extensive discussions concerning the formation of the district but up to this point all are not in agreement. This district was proposed at the request of the owners and the work done by the owners. There is a need for drainage improvement in the area as it develops; the City's position has been to encourage the property owners to work out a satisfactory formula for a district among themselves." City Attorney, Lucia Liley, stated. attorney March, representing some of the property owners, had informed her that the property owners are not opposed to tabling this Ordinance to January 8, 1980, in the hopes that the problems can be resolved. Councilman Wilkinson made a motion, second by Councilwoman Reeves, to table Second Reading of Ordinance No. 166, 1979, 'Lo January 8, 1980. YEAS: Councilmembers Bowling, Gray, Reeves, Kross, Wilkinson and Wilmarth. ' NAYS: None. THE MOTION CARRIED. -310- December 13, 1979 Land Purchase Authorized , Following is a memorandum from Parks 8 Recreation Director, H.R.Phillips, on this item. II TO: John Aanoed, City ManageA FROM: H. R. Phitt ip6 Di( LectoA ob Parks and RecAeati.on RE: Lankboaough Park PwLelwAe Cons.ideA Southgeen PUD Pack ObbeA AAt Match has paesented the City with a coattact to pwtchase the LwLkboaough Park Site (Troutman) ob 6.059 acAes. This paAk site was discwssed with .the City Counca ea, ZIiet .in .the yenA acid appnovae wa6 given to obbeA $8, 000 peA ac,te. The owners would pay aZe co6t6 a,!,sociated with .the euAb, gutteA and paving. Thi6 nety contAact caM boh $8,000 peA aeAe, but hequi,-Leh the City to pay .the euAb, gutteA and aspha,Zt box .the stAeet adjoining .the park. The -totae eo6t boa .the patk and az6ociated co6ts would be a6 6o22ow6: 1. 6.059 actes @ $8,000.00/acre - - - - - - - - - $48,472.00 2. 1,034 beet ob euAb 9 gutteA @ $6.00/6t. - - - 6,204.00 3. 1,070 beet ob asphaZt x 20.5 = 21,935 x .37 - 8,116.00 4. Base - - - - - - - - - - - - - - - - - - - -- 4,387..00 5. Excavation - - - - - - - - - - - - - - - - - - 2, 193.00 Totat cost ........ $69,372.00 The Southgten PUD path aAea ob 5.09 aeAes, has been obbeAed to .the City Son $12,500.00 pe,t acAe. Th,Ls site was otig ;w-Uy obbened at $15,000 pet acne. The City would be aequi red to pay the cuab, gutteA and asphaU cost neen,ted to .the park 6.ite. The squaAe bootage boa .this wo,tk .v5 eonz deAabty Zu6 .than .the LwLhboaough site. 1. 5.09 x $12,500.00 - - - - - - - - - - - - - - $63,625.00 2. 290 beet ob ewtb, gutter @ $6.00/6t. - - - - 1,740.00 3. Base - - - - - - - - - - - - - - - - - - - - 1,790.00 4. Excavation - - - - - - - - - -- - - - -- - 550.00 5. A6p1uLZt - - - - - - - - - - - - - - - - - - - 1 , 900. 00 Totae co6t - $69,005.00 I recommend we appaove the clauige on .the Latlzbo.tough site a;zd 1?wtchase the 6.059 acAu. - -311- December 18, 1979 The Southgfen PUD site iz very impohtant .to .tying .together enough p-topenty .to provide .the City with a ne,i.ghbonhood path 2ange enough .to se)Lve .thin square mite. The devetopen has an app,,L sat on .the pnope,-Lty which covet developed pnopehty. The owneh paid $11,500.00 Soh .the 6ect.ion he is developing. I recommend we o66eA .to do the curb, gutteA and asphaCt adjo.in,ing the paALk site and 055eA .the $11,500 pen acne Son a .to.taE' Band coe-t o4 $58,535.00. City Manager, John Arnold, stated the admimistration would like Council's authorization to accept the Larkborough property, at the revised price, and that Council give guidance on Southglen property. Attorney Harry McCabe, owner of the property in question, presented a history of the discussions he had held with former City Attorney, Arthur March Jr., regarding this proposed park site. Councilman Wilmarth made a motion, seconded by Councilman Kross, that Council offer Mr. McCabe $12,000 per acre to purchase his land. YEAS: Councilmembers Bowling, Kross, Reeves, Wilkinson and Wilmarth. NAYS: Councilwoman Gray. THE MOTION CARRIED. (Secretary's note: Prior to vote on this item, attorney McCabe had accepted Council's offer). Councilman Wilmarth made a motion, seconded by Councilman Kross, to purchase the Larkborough property. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, !Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Citizen Participation a. Resolution in recognition of W.A. "Fritz" Sterling - - received by Mr. Roger Sterling. b. Mayor Bowling presented a Plaque of appreciation to Orm Sherwood for his contributions to the Fort Collins Community. December 18, 1979 City Manager's Report a. City Manager, John Arnold, circulated a letter to the Council from Donna Beard of the Parks and Recreation Board, expressing her appreciation for the showing of "Ain' t misbehaving". b. City Manager, John Arnold, then called Council's attention to a letter from Mr. Pete Peterson, Chairman of the United Way Campaign, complimenting the City and specifically, Employee Development Director, Mike Powers, for this year's successful campaign. Councilmembers' Reports a. Councilman Wilkinson reported the next meeting of Platte River Power Authority would be held December 20, 1979. Report from City Clerk, Verna Lewis, Regarding the Petition received from City Clerk, Verna Lewis, made the following Certification to the Council. STATE OF COLORADO ) COUNTY OF LARIMEP, ) ss. CITY OF FORT COLLINS ) I, Verna Lewis, City Clerk of the Ci_y of Fort Collins, Colorado, do hereby certify that I have canvassed the petition submitted by the Citizens Association to Legalize Marijuana (CALM) on December 11, 1979, and find the following results: Number of Signatures Required: 2,160 Number of Signatures on Petition 2,610 Number of Signatures Verified 1,933 Unable to Verify 552 991192 Out of City Residents Invalid Signatures Not U.S. Citizens December 18, 1979 122 1 2 Number of Signatures Deficient: 227 This petition is therefore insufficient for the issue to be placed on a ballot at a Special Election. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Fort Collins, this 18th day of December, A. D. 1979. City Attorney, Lucia Liley, further reported that the petitioners now have 15 days in which to correct the deficiencies on their petitions. City Council received the report, no further action was taken. Public Hearing on Sidewalk Requirements on Shields Street from Prospect to Bennett School Road Following is the City Manager's memorandum on this item. The 1979 Capital Budget contains$45,600 for a sidewalk improvement project on the west side of Shields Street from Prospect Street to Bennett School Road. Council considered this project approximately 16 months ago (see attached Executive Session discussion). Staff was directed to attempt to negotiate ' with the affected property owners for the easements required to construct the sidewalk. To date, no progress has been made on acquiring the necessary right-of-way. December 18, 1979 The primary reason for the sidewalk is to provide improved pedestrian access to the Bennett Street School. The sidewalk would also initiate a longer range plan of eventually placing sidewalks on both sides of Shields Street, from Prospect to Mulberry Streets. The proposed sidewalk will be seven feet in width when adjacent to Shields Street and five feet.in width when aligned away from street. The Project Engineer on this proje•.t, has outlined the concerns of the affected property owners as well as the alternative proposals suggested to deal with the pedestrian problem in this area. In our opinion there is no solution which would satisfy all parties concerned. We recommend that Council listen to input from interested parties and direct the staff accordingly. Our specific recommendation would be to proceed with the original plan for the sidewalk on the vest side of Shields Street (attached map alternative I)" 1 Assistant City Manager, Paul La,nspery, presented slides dep,i_cting the alter- nates proposed to attempt to solve this problem. Those speaking in favor of the City's proposal were as follows: 1. Lynn Young, speaking on behalf of the Bennett ' School P.A.B. 2. Reuel Rolston, 1612 Sheely Drive. Those speaking in opposition to the City's position were as follows: 1. Harold Worth, 1501 Shields St. 2. Everett Crouch, 1124 W. Prospect. At the conclusion of the hearing: Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, to proceed with alternative I, which is completion before school starts next fall. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, Wilmarth and --Wilkinson. NAYS: None. THE MOTION CARRIED. -315- December 18, 1979 Ordinance Adopted, Setting Salary of the City Manager Following i.s the City Manager's memorandum on this item. "a. Hearing and First Reading of Ordinance No.179, 1979, Fixing the Salary of the City Manager. b. Hearing and First Reading of Ordinance No. 180, 1979, Fixing the Salary of the City Attorney. C. Hearing and First Reading of Ordinance No. 181, 1979, Fixing the Salary of the Municipal Judge. Each year Council must enact Ordinances setting the salaries of the City Manager, City Attorney and Municipal Judge. The Ordinances are attached and allow Council to fill in the blanks and determine the effective date. Present salaries are: City Manager $40,660 City Attorney $26,750 Municipal Judge $29,960 Councilwoman Reeves made a motion, seconded by Councilman Kross, to adopt Ordinance No. 179, fixing the salary of the City Manager to $43,500, effective January 7, 1980. YEAS: Councilmembers Bowling, Gray, Reeves, Kross, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Ordinance Adopted, Setting Salary of the City Attorney Councilwoman Gray made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 180, 1979, fixing the Salary of the City Attorney to $29,500, effective January 7, 1980. YEAS: Councilmembers Bowling, Gray, Reeves, Kross, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. -316- December 18, 1979 Ordinance Adopted, Setting ' Salary of the Municipal Judge Councilman Wilkinson made a motion, seconded by Councilman Wilmarth, to adopt Ordinance No. 181, 1979, fixing the salary of the Municipal Judge to $32,000, effective January 7, 1980. YEAS: Councilmembers Bowling, Gray, Reeves, Kross, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Other Business A. Executive Session Authorized. Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adjourn into executive session for the purpose of discussing legal matters. YEAS: Councilmembers Bowling, Gray, Wilkinson and Reeves. NAYS: Councilmembers Kross and Wilmarth. MOTION CARRIED. ' B. Resolution Adopted in recognition of W.A. "Fritz" Sterling, and: Resolution Adopted recognizing Orm Sherwood for Contribution to the Fort Collins Community. Councilwoman Gray made a motion seconded by Councilman Wilkinson, to adopt both resolutions. YEAS: Councilmembers Bowling, Gray, Reeves, Kross, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. C. Authorization For Funding Interim Taxi Service, Defeated. Councilwoman Gray stated there is a serious concern regarwina the unavailibility of taxi service in the City. ' City ;rana;er, John. Arnold, stated the aiministra'tion has been workinc with private firms, but it would be mid January before the P.U.0 would -317- December 18, 1979 grant even a temporary license to a private individual. The City does not need a permit and could fund a temporary measure for approximately $5,000. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, that Council authorize the administration to appropriate $5,000 to establish an interim taxi service to end, January 22, 1980. YEAS: Councilmembers Bowling, Gray, Reeves. NAYS: Councilmembers Kross, Wilkinson and Wilmarth. THE MOTION FAILED. D. City Attorney Authorized to continue working with Electrical Board. City Attorney, Lucia Liley, had conferred with City Council regarding the stance of the State Electrical Board, regarding inspections of single & multi -family homes. Councilwoman Gray made a motion, seconded by Councilman Wilkinson to authorize the City Attorney to continue talking with the State to resolve the problem. YEAS: Councilmembers Bowling, Gray, Reeves, Kross, dilmarth., Wilkinson. NAYS: None. THE MOTION CARRIED. Adjournment The meeting was adjourned at 9:15 p.m. QMayoW L_—� -318- -