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HomeMy WebLinkAboutMINUTES-04/19/1983-RegularApril 19, 1983 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 5:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, April 19, 1983, 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: Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Staff Members Present: Arnold, Meitl, Krajicek, Huisjen, Lewis Agenda Review: City Manager City Manager Arnold noted there would be three items of Other Business -- the Pineridge-Roesser land trade, the 1983 Pay Plan, and the Bucain golf course land trade. Jim Hesse and Harry Deines asked that Item #8, Second Reading of Ordinance No. 38, 1983, Amending Chapter 112 of the Code of the City of Fort Collins, ' by the Addition of Article VI Pertaining to the Dual Supply of Water and Sanitary Sewer Service, be withdrawn from the Consent Agenda. 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. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #32, Pulled Consent Items; except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled by staff or Council. These items will be dis- cussed immediately following the Consent Calendar. 4. Consider Approving the Minutes of the regular meeting of April 5 and the a Journe meetings o Marc an Apri , 5. Second Reading of Ordinance No. 35, 1983 Transferring $5 200 from Parkland Fund Contingency to the Washington Park Project. During the recent parking expansion and landscaping project in the City Hall block, it was necessary to remove some of the play equipment ' in Washington Park which is located to the immediate north of Old City -170- April 19, 1983 Hall. Since the equipment removed was quite old and deteriorating, it was not returned to the park. Replacement equipment has been selected which provides swings, slides, climbers and tunnels. The cost of the new equipment is $5,200. Funds are available in the _ Parkland Contingency budget to transfer to this project. This Ordinance, which was unanimously adopted on First Reading on April 5, authorizes the transfer of $5,200 from Parkland Contingency to the Washington Park project to pay for new play equipment. 6. Second Reading of Ordinance No. 36, 1983, Authorizing the Transfer of Appropriated Amounts from the Street Oversizing Fund to the Capital Projects Fund for Traffic Signal Installations. In accordance with the Ordinance establishing the Street Oversizing Fee an amount for traffic signal installation resulting from new development is included in the fee. The amount budgeted in the Street Oversizing Fund each year for traffic signal projects is based upon 14.6% of estimated street oversizing fees to be collected. These funds are transferred from the Street Oversizing Fund to the Capital Pro- jects Fund as projects are identified. This Ordinance was unanimously adopted on First Reading on April 5. The two locations warranting traffic signals are the intersections of College Avenue/Boardwalk Drive and Harmony Road/Boardwalk Drive. 7. Second Reading of Ordinance No. 37, 1983, Appropriating Unanticipated Revenue in the General Fund. As a result of the Tax Equity and Fiscal Responsibility Act of 1982, the City is required to withhold federal tax on pension payments (effective January 1, 1983). Prior to 1983, the City's pension pay- ments were made through the Accounts Payable System which did not have the capability to withhold income tax. In order to comply with the withholding requirements, the design, development, and implementation of a new Pension Payment and Reporting System was necessary. The Pension Payment and Reporting System was originally to be con- tracted out with funding provided equally by the City's three locally administered pension funds (general employees:, police, and fire). The actual development and implementation of the system by Management Information Systems (MIS) staff cost $5,480. Funding for this project was not included in the MIS budget. However, ' monies are available in the pension funds to cover the costs of the -171- ' April 19, 1983 System development and will be transferred to the General Fund. On March 24, the Boards of all three pension funds took formal action to approve the expenditure of their equal share of the program develop- ment cost. This Ordinance, which was unanimously adopted on First Reading on April 5, appropriates the $5,480 in the General Fund MIS Department budget. 8. Second Reading of Ordinance No. 38, 1983, Amending Chapter 112 of the Code of the City of Fort Collins, by the Addition of Article VI Pertaining to the Dual Supply o Water and Sanitary Sewer Service. For a number of years, the City has had a continuing dispute with the South Fort Collins Sanitation District and the Fort Collins -Loveland Water District over service area boundaries and the right to serve. Recently, the City and the Districts have agreed on a mutually accep- table approach to resolve the pending dispute whereby the Districts could provide water and sewer service to certain areas within the City limits providing the Districts are willing and capable of providing such service. The purpose of this proposed ordinance is to provide the legal authority to allow this approach to be implemented. This ordinance was reviewed by the Fort Collins Water Board on Feb- ruary 18, 1983 and received their unanimous approval. The ordinance was also reviewed by the City Council at their February 22, 1983 work session and was unanimously adopted on First Reading on April 5. 9. Second Reading of Ordinance No. 40, 1983 Vacating a Portion of Cooper. Place and Crosswalk. This Ordinance, which was unanimously adopted on First Reading on April 5, is a request to vacate a portion of Cooper Place (off of Michael Lane, south of Prospect Road) and the dedicated predestrian crosswalk. The street and crosswalk requested for vacation are not necessary to serve adjacent properties. Affected property owners have agreed to this requested vacation. Owners of Property: Austin Kent Andrews Mary Jo Andrews Norman A. Evans Jean C. Evans 10. Second Reading of Ordinance No. 41, 1983, Appropriating Prior Year Reserves in the Water Fund. This Ordinance was adopted on First Reading on April 5 by a 5-2 vote and would appropriate $75,000 for the purchase of the Freeman property that is bounded on three sides by the Service Center. 1 -172- i April 19, 1983 Funds are available in Water Fund prior year reserves to purchase this property. 11. Second Reading of Ordinance No. 42, 1983, Appropriating unanticipated revenue of $234,000 and prior year reserves of $26,000. On February 11, 1983, the FAA awarded a grant in the amount of $234,000 to the Fort Collins -Loveland Airport for the design and construction of the apron expansion and connecting taxiway. The grant is for 90% of the estimated design and construction costs and the Airport is responsible for 10%, or $26,000. Total project costs are estimated at $260,000. The Airport Ad Hoc Committee recommends that the Airport's share of $26,000 be provided from the remaining balance of funds from the $2M bond issue of 1982. The total remaining balance is $157,408.00 and was originally planned to be used for parking lot reconstruction and a new underground fuel farm. The Ad Hoc Committee has re -prioritized and delayed these projects. On April 5, this Ordinance was unani- mously adopted on First Reading. 12. Hearing and First Reading of Ordinance No. 43, 1983, Rezoning P Known As Cunningham Corners. This is a request to rezone the property from the existing conditional HB Zoning District to the R-P District. The R-P, Planned Residential Zoning District presently surrounds the subject property on three sides and is, therefore, a logical zoning request. The R-P zone allows only single-family subdivisions as uses by right. All other uses proposed in the. R-P District must be done as a planned unit development and processed under the Land Development Guidance System. 13. Hearing and First Reading of Ordinance No. 44, 1983, Authorizing the rans er o rom Ro an Moore Park to Fun the esign of Shields Street Adjacent to R611and Moore Park. This Ordinance authorizes the transfer of $8,500 from the Rolland Moore Park Project to the Shields Street Adjacent to Rolland Moore Park Project for design costs. City policy provides that street improvements adjacent to a City park will be paid for by park project funds. Rolland Moore Park has 1201 feet of frontage on Shields Street which is to be improved to arterial standards. A left turn lane will be provided for north bound traffic turning left into the Park. This will relieve a potential for increased traffic congestion on an already congested two-lane arterial. The funding for this project will , be provided from Rolland Moore Park project funds. -173- April 19, 1983 14. Hearing and First Reading of Ordinance No. 45, 1983, Vacating Streets and Easements in Lots through of Cedar Village Fi th i inq. The applicant is requesting the vacation of streets and easements previously dedicated in Cedar Village Fifth Filing in and abutting Lots 45 through 64 inclusive. This site was originally approved as Cedar Village Fifth Filing by City Council on August 21, 1979. The vacation is requested by the owners of the replatted area, Dan Jensen and COLRAD Development. This area has subsequently been incorporated into The Gables at Silverplume PUD, which was approved by the Planning and Zoning Board on March 28, 1983. This vacation would solve the problem of duplicate or conflicting easements and streets. The staff has reviewed the request and is recommending approval. 15. Items Relating to Vacation of Easements in Hill Pond Master Plan. A. Hearing and First Reading of Ordinance No. 46, 1983, Vacating Easements in Hill Pond P.U.D. Master Plan. ' B. Acceptance of Replacement Bike Trail Easement from Gandalf Part- nership in Hill Pond P.U.D. The City has requested an easement from Gandalf Partnership for storm drainage and bike trail development through the Hill Pond P.U.D. The revised alignment is necessary to accommodate improvements called for in the recent Spring Creek Drainage Basin Study. The easement is located east of Shields between Drake and Prospect. Consideration for the easement is $10-. Construction will take place this summer. As a condition of the easement dedication, the property owner is requesting that two existing easements .be vacated. These two ease- ments had been dedicated solely for use as a bike, pedestrian, and bridle path. The new easement provides for the necessary relocation of the bike path, and the two previous easements are no longer needed. 16. Hearing and First Reading of Ordinance No. 47, 1983, Vacating Portions of an Easement in Indian Hills West PUD. The applicant is utility easement Portions of this lots causing them portions of this ' building design w the request and i s requesting the vacation of portions of an access and previously dedicated in Indian Hills West PUD. PUD were recently re -platted, enlarging some of the to encroach on this easement. The vacation of the easement will allow the owner to construct a new ithin the newly re -platted lots. Staff has reviewed recommending approval. -174- April 19, 1983 17. Ordinances Vacating Easements in Les Chatelets and King PUD. A. Hearing and First Reading of Ordinance No. 48, 1983, Vacating a Blanket Access, Utility and Storm Drainage Easement Located in King P.U.D. B. Hearing and First Reading of Ordinance No. 49, 1983, Vacating a Blanket Access, Utility and Storm Drainage Easement Located in Les Chatelets P.U.D. The applicant is requesting the vacation of a blanket access, utility and storm drainage easement within the boundaries of the plats of Les Chatelets and King PUD's. These properties were recently replatted as Sunray Place PUD. This resulted in the repositioning of some building envelopes so that they encroached upon the previously platted easements. This vacation would allow buildings to be built within the newly platted building en- velopes. 18. Hearing and First Reading of Ordinance No. 50, 1983, Vacating a Utility Easement on Lots 2 and 3, Manning Ist Subdivision. This is a request to vacate an existing utility easement on Lots 2 and 3, Manning 1st Subdivision (City Park and University Avenue). This easement is no longer required due to redesign of the property as a PUD . 19. Hearing and First Reading of Ordinance No. 51, 1983, Vacating Streets and Easements Located South of Swallow Road in Silverplume PUD. The applicant is requesting the vacation of streets and easements previously dedicated in Silverplume PUD, south of Swallow Road. This site was originally approved as a portion of Silverplume PUD by City Council on August 21, 1979. The vacation is requested by the owners of the replatted area, Dan Jensen and COLRAD Development. This area has subsequently been incorporated into The Gables at Silverplume PUD, which was approved by the Planning and Zoning Board on March 28, 1983. This vacation would solve the problem of duplicate or conflicting easements and streets. The staff has reviewed the request and is recommending approval. 20. Acceptance of Certification of the Results of the April 5, 1983 Run -Off Election. The abstract of the votes cast at the the breakdown of votes cast in each certification of the election results. -175- April 5th Run -Off Election gives precinct. This is the official ' April 19, 1983 Barbara Rutstein was elected as an at -large Councilmember over Thomas Redder. She received a total of 2,555 votes and he received 1,990 votes of a total of 4,557 ballots cast at the election. Council needs to officially accept the certification of the election results. 21. Routine Deeds and Easements. a) Deeds from Poudre Valley Greenbelt Foundation, Inc. and Fort Collins Foundation. In 1977, the Flatiron Companies offered to donate three parcels of land containing 121 acres, located north of East Prospect and east of the Poudre River for open space purposes. Title to the property has been held by the Poudre Valley Greenbelt Foundation, Inc. and the Fort Collins Foundation pending the City's receipt of a Federal Land and Water Conservation Grant for general park development. The City has been awarded a Federal grant for $78,350 for general park development, allowing the Foundations to now transfer title of the property to the City. The City used the property donation as a 50% match for the, Federal grant. The City could not own the property until the grant ' was awarded. In the meantime, the two Foundations acted as holding agencies for the property and leased the land to the City, giving the Flatiron Companies some tax advantages. The attached staff report gives additional information on this transaction. Council acceptance of the deeds from the Foundations finalizes the conveyance of the property from Flatiron to the City. b) Easement granted from the Cities of Fort Collins and Loveland to W. F. Bates. - The City is granting an easement to Mr. Bates for a consideration of $421.63. He has petitioned for membership in the South Fort Collins Sanitation District in order to connect his new house to the sewer line, which is south of the Louden Ditch on the airport property. The easement on airport property is needed to accomplish this connec- tion. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Second Reading of Ordinance No. 35, 1983, Transferring $5,200 from Par and Fund Contingenc.v to the Washinqton Par Pro.iect. Item #6. Second Readin fer of ApproF ' the Capital F g of Ordinance No. 36 riated Amounts from rojects Fund for Tr -176- 1983, Authorizing the Trans - the Street Oversizing Fund to affic Siqna nsta ations. April 19, 1983 Item V . Second Reading of Ordinance No. 37, 1983, Appropriating Unantici- pated Revenue in the 66 neral Fund. Item #8. Second Reading of Ordinance No. 38, 1983, Amending Chapter 112 of the Code of the City of Fort Collins, by the Addition of Article VI Pertaining to the Dual Supply of Water and Sanitary Sewer Item #9. Second Reading of Ordinance No. 40, 1983 Vacating a Portion of Cooper Place and Crosswalk. Item #10. Second Reading of Ordinance No. 41, 1983, Appropriating Prior Year Reserves in the Water Fun . Item #11. Second Reading of Ordinance No. 42, 1983, Appropriating unantici- pated revenue of $234,000 and prior .vear reserves of $26,000. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #12. Hearing and First Reading of Ordinance No. 43, 1983, Rezoning Property Known As Cunningham Corners. Item #13. Hearing and First Reading of Ordinance No. 44, 1983, Authorizing the Transfer of $8,500 from Rolland Moore Park to Fund the Design of Shields Street Adjacent to Rolland Moore ar . Item #14. Hearing and First Reading of Ordinance No. 45, 1983, Vacating Streets and Easements in Lots 45 through 64 of Cedar Village Fifth Fi inq. Item #15. A. Hearing and First Reading of Ordinance No. 46, 1983, Vacating Easements in.Hi 1 Pond P.U.D. Master Plan. Item #16. Hearing and First Reading of Ordinance No. 47, 1983, Vacating Portions of an Easement in Indian Hills West PUD. Item #17. A. Hearing and First Reading of Ordinance No. 48, 1983, Vacating a Blanket Access, ti ity an Storm Drainage Easement Locate in King P.U.D. B. Hearing and First Reading of Ordinance No. 49, 1983, Vacating a Blanket Access, Utility and Storm Drainage Easement Located in Les Chatelets P.U.D. Item #18. Hearing and First Reading of Ordinance No. 50, 1983, Vacating a , Utility Easement on Lots 2 and 3, Manning Ist Subdivision. -177- April 19, 1983 Item #19. Hearing and First Reading of Ordinance No. 51, 1983Vacating Streets and Easements Located South o Swa ow Roa in Si ver- plume PUD. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Ordinance Amending Chapter 112 of the Code of the City of Fort Collins, by the Addition of Article VI Pertaining to the Dual Supply of Water and Sanitary Sewer Service, Adopted on Second Reading Following is the staff's memorandum on this item: ' "For a number of years, the City has had a continuing dispute with the South Fort Collins Sanitation District and the Fort Collins -Loveland Water District over service area boundaries and the right to serve. Recently, the City and the Districts have agreed on a mutually accep- table approach to resolve the pending dispute whereby the Districts could provide water and sewer service to certain areas within the City limits providing the Districts are willing and capable of providing such service. The purpose of this proposed ordinance is to provide the legal authority to allow this approach to be implemented. This ordinance was reviewed by the Fort Collins Water Board on February 18, 1983 and received their unanimous approval: The ordinance was also re- viewed by the City Council at their February 22, 1983 work session and was unanimously adopted on First Reading on April 5." Councilmember Cassell made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 38, 1983 on Second Reading. Jim Hesse, 704 Highland Place, owner of land on East Vine adjacent to the Carpenter property, expressed his concern that the raw water requirements be the same for the City and the districts. Water Utilities Director Mike Smith noted it was contemplated that Mr. Hesse's property be served by the ELCO and Boxelder Districts since the City does not have the capability of providing sanitary sewer service in ' that area. Water could be served if a major line was extended east. He -178- April 19, 1983 ' felt it was more economical for the districts to serve to avoid duplication of large transmission lines and extensions of sanitary sewer service. He added that currently ELCO has a different raw water requirement than the City. The Fort Collins/Loveland Water District has temporarily adjusted their requirements. Meetings will be held with ELCO by the end of April. He noted he did not feel adoption of this Ordinance would preclude a later attempt to equalize requirements between ELCO and the City which would be the City's goal. Harry Deines, managing partner of Deines Agriculture and Livestock Company, spoke of the intergovernmental agreement to create a Master Plan for the southern area that would include a facilities plan for ultimate development of the area, a five-year facilities plan, and a financial plan outlining the method of financing the necessary capital improvements. It would also establish common design and construction standards, water right dedication requirements, and tap or installation fees. He asked about the status of the Master Plan since the intergovernmental agreement is expiring. He urged the agreement be renewed and a Master Plan be produced within six months or a year at the latest. Lyle Carpenter, representing the Carpenter annexation, expressed his concern that his property would not be served by City utilities. He suggested the Ordinance be amended to state "reasonable services and costs" ' so that if the raw water requirements or tap or installation fees are not competitive, developers have some recourse from the districts. Water Utilities Director Mike Smith stated the City intended to pursue and complete the Master Plan. He added City and district staff had been working on the Plan and the renewal of the agreement would be one of the main topics at the meeting scheduled for the end of April. City Attorney Huisjen stated that included in the term "reasonable service" would be costs, quantity of water, level of service, etc. The intent was to leave the definition open so that if anyone requesting service could demonstrate there was a wide variance in the elements of service offered by the districts as compared to the utilities furnished by the City, Council would have the opportunity to determine to provide service. Councilmember Elliott noted the south districts negotiating team recognized the agreement was drawing to a close and that it was imperative to renew the agreement and pursue the Master Plan concept. This Ordinance is a first step toward alleviating previous legal actions and implementing a Master Plan. The vote on Councilmember Cassell's motion to adopt Ordinance No. 38, 1983 on Second Reading was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. -179- April 19, 1983 Ordinance Vacating a Portion of an Access and Utility and Drainage Easement of Scotch Pines 9th Filing, Adopted on Second Reading Following is the staff's memorandum on this item: "This Ordinance, which was adopted on First Reading by a 6-0 vote on April 5, is a request to vacate a portion of an existing access, utility, and drainage easement located in Scotch Pines 9th Filing (northeast corner of Edinburgh Street and Strachan Drive). The easement is no longer required, due to redesign of the property as a PUD. Owners of Property: Mitchell and Company." Councilmember Cassell asked the record to show he did not vote or partici- pate in the discussion on this item. Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 39, 1983 on Second Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. ' (Councilmember Cassell withdrawn) THE MOTION CARRIED. Items Relating to the South Mason Street and Utility Improvement District No. 75 Following is the staff's memorandum on this item: "A. Resolution Accepting the Improvements in Street Improvement District No. 75 and Adopting the Statement of the Director of Finance Respect- ing the Cost of the Improvements in Said District and the Assessment Roll in Connection Therewith. Hearing and First Reading of Ordinance No. 52, 1983, Assessing the Cost of Improvements in Street Improvement District No. 75 and Pro- viding for the Payment and Collection Thereof. The South Mason Street and Utility Improvement District No. 75 was created in 1981 at the request of the four property owners whose properties extend from Creger Drive on the north to the planned Boardwalk Drive on the south. The project consisted of the construction of water, sanitary sewer, and storm sewer lines and the curb, gutter, sidewalk, and street paving. April 19, 1983 Although the property owners waived all public hearing, notice, and publi- cation requirements, the Project Manager has met with them on two occasions to review the final costs and assessments. The total project costs are as follows: CONSTRUCTION $366,882.13 Less: Street Oversizing (9,240.94) TOTAL ASSESSIBLE CONSTRUCTION COSTS $357,641.19 INTEREST DURING CONSTRUCTION $ 53,172.00 DESIGN ENGINEERING 26,304.00 LEGAL, ADMINISTRATION 9,931.18 COLLECTION, CERTIFICATION 7,152.82 TOTAL OTHER COSTS 96,560.00 TOTAL ASSESSIBLE PROJECT COSTS $454,201.19 The method of assessment of costs was developed by the property owners in the signed agreement to be based on specified percentages of total costs. The percentages and the assessments are as follows: I. South College Investments 14.17% $ 64,360.31 2. RCD Plaza 16.35% 74,261.89 3. Fuqua Properties 17.35% 78,803.91 4. Creger Plaza 52.13% 236,775.08 $ 4 5 1201 99 Councilmember Cassell made a motion, seconded by Councilmember Elliott, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 52, 1983 on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Ordinance Authorizing the Issuance of Bond Anticipation Notes of $3,100,000, Dated April 1, 1983, Adopted on First Reading Following is the staff's memorandum on this item: -181- IApril 19, 1983 "The Bond Anticipation Notes are being issued to provide seed money for the Downtown Development Authority (DDA) until the DDA can issue tax increment bonds. On March 15, 1983, City Council approved Resolution 83-50 authorizing Staff to prepare a Bond Anticipation Note (BAN) Ordinance based upon a proposal to purchase the BANS submitted by Boettcher & Company. The BANS will bear 6.50% coupons and sell at a 1.1% discount resulting in a net effective interest rate of 6.86%. The term of the BANS is three years. Interest earned on the unexpended portion of the BANS principal will be used along with the DDA's tax increment to pay the interest on the BANS. The BANS will be retired by issuing Tax Increment Bonds backed by the DDA's tax increment revenues. No principal amount of the BANS will be expended until the DDA board and the City Council approve a project. Further guarantees from developers for repayment of BAN monies expended on public improvement benefiting t the developers project may also be obtained before BAN monies will be expended." Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 53, 1983 on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. City Manager's Report City Manager Arnold reported the rebate checks for the City's "Hot Shot" program were recently mailed. This program reduces the peak electric usage by the radio controlled shut off of the hot water heaters of certain customers who participate in the program. He reported on railroad crossing repairs and noted Bob Lee is looking at all the crossings to bring them to some convenient standard. Councilmembers' Reports Councilmember Cassell reminded Council of the Friday Annual Meeting of Platte River Power Authority. He added PRPA's operations people had -182- April 19, 1983 ' approached Public Service and had negotiated a single season letter of agreement concerning surplus sales of excess energy for approximately $800,000. Mayor Knezovich reported on the activities of the weekend Council retreat held in Estes Park. Resolutions Appointing Councilmembers to Various Committee Assignments Following is the staff's memorandum on this item: "A) Resolution Designating a Representative of the City to Serve on the Board of Directors of the Platte River Power Authority in Lieu of the Mayor. B) Resolution Making an Appointment to the Governing Board of the Poudre Fire Authority. C) Resolution Appointing Councilmembers to Various Committee Assignments. The first Resolution appoints one City representative to serve on the Board ' of Directors of the Platte River Power Authority (PRPA) instead of the Mayor, who under the organic contract for PRPA may represent the City but has the authority to designate a representative. Bill Carnahan, Light & Power Director, is also a City appointed representative to the Board. His current term runs until December 31, 1984. The next Resolution appoints one Councilmember to the governing board of the Poudre Fire Authority for a term to expire on December 31, 1984. Under the agreement between the City and the Poudre Valley Fire Protection District creating the Poudre Fire Authority, the City appoints two repre- sentatives and the District appoints two representatives, who in turn select a fifth member of the governing board. Councilmember Bill Elliott will continue on the board for the remainder of his appointed term which expires December 31, 1983. This appointment is to fill the vacancy left by outgoing Councilmember Norman Miller for a term to run until December 31, 1984. The final Resolution appoints Councilmembers to various committee assign- ments and to represent the City in various organizations. Council may wish to add or terminate various Committee assignments from those listed on the Resolution." Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to adopt the Resolution appointing Gary Cassell to the Board of Directors ' -183- April 19, 1983 of Platte River Power Authority. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Councilmember Cassell made a motion, seconded by Councilmember Elliott, to adopt the Resolution appointing Kelly Ohlson to the Poudre Fire Authority. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Mayor Knezovich read the names of those Councilmembers appointed to the various committees listed in the Resolution. Councilmember Horak made a motion, seconded by Councilmember Elliott, to adopt the Resolution inserting the names as read by Mayor Knezovich. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. ' THE MOTION CARRIED. Citizen Participation A. Proclamation Naming April 28 as Fort Collins Secretary Day was accepted y a Western Temporary Services representative. B. Proclamation Naming -April 29 as Nursing Home Residents' Day was ac- cepted y Pete MCWi jams an severs oca nursing home residents. C. Proclamation Naming May 2-7 as Forget Me Not Week was accepted by two members o t e oca jsa a American eterans Chapter No. 5. D. Proclamation Naming May 2-1 as Senior Citizen Week was accepted by Parks and Recreation Director H.R. Phillips. E. Proclamation Naming April 25-29 as Operation Efficiency and Energy Awareness Wee was accepte y Gwen Fejt. F. Proclamation Naming April 24-30 as Consumer Credit Education Week was forwarded to the appropriate persons. G. Presentation and Distribution of Parks and Recreation Gift Catalog. Jerry Brown exp ajne t e ata og, gave backgrouna on its develop- ment, and distributed copies to Council and staff. -184- H. Resolution Expressi to the Community as April 19, 1983 ' Ti Miller for his Contributions Councilmember Horak made a motion, seconded by Councilmember Clarke, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Mr. Miller was presented a plaque in appreciation for his contribu- tions as Councilmember. I. Resolution Expressing Appreciation to E1 tions to the Community as Councilmember. � Wilmarth for his Contribu- Councilmember Cassell made a motion, seconded by Councilmember Horak, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Mr. Wilmarth was presented a plaque in appreciation for his contribu- tions as Mayor and Councilmember. J. Carr Bieker, representing the Colorado Design Alliance, made a presen- tation on that group's program to present awards for design excellence for projects throughout the state. He noted projects had been nomi- nated from each of the five regions and then showed slides of the six nominations from the northeast region. He added there would be a public voting process from April 24 to May 7, with awards being made on June 24. Other Business Resolution Authorizing the Exchange of Real Estate Between the City and Joseph C. Roesser, Jr., Adopted Following is the staff's memorandum on this item: "The attached Resolution authorizes the City Manager to enter into a con- tract with Joseph C. Roesser, Jr. to trade a certain parcel of real property owned by the City for a certain parcel of property owned by Mr. Roesser. The Resolution further authorizes the Mayor and City Clerk to execute deeds necessary to complete the exchange. The following condi- tions, as have been previously discussed by City Council, will be placed on ' the parcel of land presently owned by the City to be traded to Mr. Roesser: -185- April 19, 1983 1. No portion of any structure should project above the treeline as visible from Overland Trail. 2. A 30-foot landscape easement will be provided from the established property line (ridgeline) west within which none of the existing trees can be removed during, or subsequent to, any construction on the remainder of the property. 3. Building materials must be of natural materials. 4. A public access easement will be provided from Centennial Drive to the Pineridge Open Space Area. To protect Mr. Roesser's interests the exchange agreement is also made contingent upon approval 6y the Board of County Commissioners of Larimer County of a subdivision plat or P.U.D. for the City property which is acceptable to Mr. Roesser within 180 days of the signing of the agreement. With this contingency the actual exchange of property would not occur until a subdivision plat or P.U.D. were approved by the County Commissioners. The only cost involved to the City in this exchange will be staff time in preparing and reviewing necessary agreements, staff time in preparing and surveying the City -owned property, and minor cost for a title insurance policy on the City property. Staff recommends adoption of this Resolution as it is consistent with the understanding reached between the City and Mr. Roesser concerning the trade of property in the location of the Pineridge Open Space Area." City Attorney Huisjen stated the first Whereas clause on page two of the Resolution should be deleted as a result of late negotiation. Councilmember Horak made 'a motion, seconded by Councilmember Clarke, to adopt the Resolution with the deletion recommended by City Attorney Huis- jen. Jim Martell, attorney representing Mr. Roesser, noted his client had agreed to all the terms of the contract with the exception of the Whereas clause City Attorney Huisjen had recommended be deleted. He noted this clause would place an easement 100 feet in width along the east side of the ridge so there would be no construction within the 100 feet. He noted he felt it was reasonable and logical in light of the purpose of the exchange which is to prohibit any construction on the east side of the ridge. ' Assistant City Attorney W. Paul Eckman stated Mr. Roesser and H.R. Phil- lips, Parks and Recreation Director, had met to discuss this matter and Mr. 1 April 19, 1983 Phillips had advised the City Attorney's Office that Parks and Recreation staff was unwilling to accept the inclusion of the clause. The City Attorney then recommended its deletion. Parks and Recreation Director H.R. Phillips stated he wouldn't accept the clause because it placed restrictions on the City's property that perhaps in the future would cause problems. Nothing is currently planned, however. Councilmember Clarke asked what could ever be placed within 100 feet of the east side of the ridge. Parks and Recreation Director Phillips replied that a trail would be possible as the City grows. The current trail system does not go on top of the Pineridge property. It goes to the north but someday the City may want to go to the south through this area. The vote on Councilmember Horak's motion to adopt the Resolution with the deletion recommended by the City Attorney was as follows: Yeas: Council - members Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. ' THE MOTION CARRIED. Resolution Directing the City Manager to Present an Upper Third Pay Plan for Employees Retroactive to January at the Next Regularly Scheduled City Council Meeting, Adopted Councilmember Horak made.a motion, seconded by Councilmember Clarke, to adopt the Resolution. City Manager Arnold noted the discussions at the retreat had centered around the fact that the only reason a commitment was not made to provide the entire upper third pay plan on January 1st was because of the downturn in the economy and the uncertainty over City revenues. The money is now available to fund the upper third pay plan and keep the commitment to employees. The vote on Councilmember Horak's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED -187- 1 April 19, 1983 Resolution Authorizing the Exchange of Real Estate Between the City and Bucain Corporation, Adopted Following is the staff's memorandum on this item: "The Bucain Corporation requests an exchange of property with the City so that additional lands may be obtained adjoining the green for the four- teenth hole of the golf course at Southridge Greens. The attached resolu- tion authorizes the Mayor to execute, on behalf of the City of Fort Col- lins, and deliver a deed conveying to Bucain Corporation other lands on the Southridge Greens Golf Course in exchange for a deed to be delivered to the City conveying lands adjacent to the east side of hole fourteen of the golf course under construction. Also enclosed are letters from Art March, Jr. for Bucain Corporation and a memo from H.R. Phillips, Director of Parks & Recreation including his recommendation of approval." Councilmember Horak made a motion, seconded by Councilmember Elliott, to adopt the Resolution. City Attorney Huisjen reviewed the details of the property exchange. Bernie Cain, Bucain Corporation, explained the proposal noting the reasons for the exchange. He stated that in developing the golf course there had been concern about the residential areas backing. up to the golf course. He added the landing areas had been designed very wide to protect both the golfers and the housing. In designing the first phase of housing, it was realized there were areas; on Fairways 2 and 14 that caused problems, thus the need for the property exchange. The vote on Councilmember Horak's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Adjournment Councilmember Clarke made a motion, seconded by Councilmember Horak, to adjourn the meeting. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. still April 19, 1983 The meeting adjourned at 8:50 p.m. Malvdr ATTEST: n City Clerk 1