HomeMy WebLinkAboutMINUTES-03/17/1981-Regular' March 17, 1981
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, March 17, 1981, 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, Lewis, and Krajicek.
Agenda Review: City Manager
City Manager John Arnold noted there would be four items of Other Business
to be considered later in the meeting.
-' Councilman Bowling requested Item #11, Hearing and First Readin of Ordi-
nance No. 41, 1981, Authorizin the City Manager to Enter nto an A reement
or t e ease urc ase o o ice a ro ars, a wi rawn rom e
.nnspn. .a pn ar_
Councilman Wilmarth asked that Item #7, Hearin and First Readingof
Ordinance No. 37, 1981, Amending Section 11 o e o e e a ing to water
Plant Investment ees. be wit rawn.
Councilwoman Reeves requested Item #9, Hearin and First Readin of Ordi-
nance No._39, 1981, Zoning Property Known as pring to om ng, a re-
movea.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and
energy on the important items on a lengthy agenda. Staff recommends
approval of the Consent Calendar. Anyone may request an item on this
calendar be "pulled" off the Consent Calendar and considered separately.
4. Consider Approving the Minutes of the Special Meeting of February 24,
an a egu ar ee tng o� loa F3,
5. Second Reading of Ordinance No. 35, 1981, Vacating a Utility Easement
oval—ted�'A'ttTiin Fact o orb. FirTs�tTina.
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March 17, 1981 '
This Ordinance was unanimously adopted on First Reading on March 3 and
is a request to vacate a utility easement in Tract C of Edora Acres
First Filing. The approved P.U.D. site plan has been recently revised
and approved as a preliminary by the Planning and Zoning Board on
January 26, 1981. The amended site plan requires the vacation of the
easement.
6. Hearin and First Readin of Ordinance No. 36, 1981, Appropriati
rior ear eserves in t e arehouse Fundor the Installation o
omouterized Stock Controlccountinq Svstem.
The workload has increased such that an automated system is needed for
the Warehouse. A computerized system will allow for effective manage-
ment reporting from the Warehouse to the various City departments
within necessary time frames.
7. Hearinq and First Readinq of Ordinance No. 37, 1981 Amending Section
112 of the Code Relating to Water Plant Investment Fees.
The WPIF is intended to finance the cost of expansion of water treat-
ment, storage, transmission and distribution facilities attributable
to new development. To make the WPIF more equitable, a system based
on lot sizes for traditional single family developments and on units
per building in planned unit developments and other multi -family
construction is proposed. ,
8. Hearin and First Readin of Ordinance No. 38, 1981 AnnexingProperty
Known as pring ie nnexation.
This is a request for annexation of a 80+ acre parcel located east of
Shields Street, between Drake and Horsetooth Roads.
9. Hearing and First Reading of Ordinance No. 39, 1981 Zoning Property
Known as SpringtieldZoning.
This is a request to zone the property known as the Springfield
Annexation. Applicants are requesting zoning the 80+ acres R-L, Low
Density Residential.
10. Hearing and First Reading of Ordinance No. 40, 1981 Authorizing the
i�ty h�anager to nter into anAgreement with t�Tl_i_n_s_o_n_- _o_s_sorp-
oration for the Lease of a Computer Sottware PaCkaqe.
This Ordinance would authorize the City Manager to enter into a three
year lease with Allinson -Ross Corporation for the use of a Communica-
tions Management System, a software package which will run on our
Univac 90/40 computer.
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March 17, 1981
11. Hearin and First Readin of
Ordinance No. 41,
1981 Authorizin the
ity anager to nter n o an
Agreement or the
ease urc ase o
Police Patrol Uars.
This Ordinance would allow the
City to acquire 18
Police patrol cars,
15 replacement vehicles and 3
additional vehicles, by lease/purchase
financing.
12. Two Ordinances RelatinttoinGi
vtion lanonnin
a nZoning Board the
na
totyasg
onversisint e K-H Lone an
nfnnn_r.nnfnrminn lkp<
A. Hearing and First Reading of Ordinance No. 42, 1981, Amending the
Zoning Ordinance to Give the Planning and Zoning Board Final
Authority on All Planning Items Other than Zonings, Rezonings and
Annexations.
B. Hearing and First Reading of Ordinance No. 43, 1981, Relating to
Conversions in the R-H Zone and Non -Conforming Uses.
These ordinances give the Planning and Zoning Board final authority
over all planning -related items except zonings, rezonings, and annex-
ations, provided that such actions shall be subject to the right of
appeal to the City Council. The ordinances will fully implement the
Charter amendment passed in the Special Election of February'26,
1980.
13. Actions Required With Renard to an Amendment to the Zonina Code as it
Relates to Signs and Home Occupations.
A. Hearing and First Reading of Ordinance No. 44, 1981 Amending
Certain Sections of Chapter 118 of the Code of the City of Fort
Collins Zoning Ordinance.
B. Resolution Providing for the Review of the Amendment to the Zoning
Ordinance as it Relates to Home Occupations.
This is a staff -initiated request to amend certain portions of the
Zoning Ordinance relating to the Sign Code and the renting of rooms as
a permitted home occupation. These proposed changes are the same ones
which were presented at a recent Council Work Session.
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March 17, 1981 '
14. Resolution Des' natin the Larimer-Weld Council of Governments as the
Metropolitan annin r anization for the Cities of Fort Collins an
Greeley.
This Resolution would designate the Larimer-Weld Council of Govern-
ments as the Metropolitan Planning Organization for the Cities of Fort
Collins and Greeley, for the purpose of regional transportation
planning.
15. Two Resolutions Relating to a Police Driving Instructors Trainin
rogram. - --- _
A. Resolution Authorizing the City Manager to Enter into an Agreement
with the National Academy for Police Driving, Inc. for the Purpose
of Conducting a Police Driving Instructors Training Program.
B. Resolution Authorizing the City Manager to Enter into an Inter-
governmental Agreement with the Cities of Greeley and Westminster
and Weld County for a Police Driving Instructors Program.
Each agency will have two officers in attendance. The individual
agency cost will be $3,787 or one-fourth of the total of $15,147. '
16. Two Resolutions Relating to the Operation of Municipal Cemeteries.
A. Resolution Amending the Rules and Regulations for the Operation
of Municipal Cemeteries.
B. Resolution Establishing Fees Related to Double Depth Burials at
Municipal Cemeteries.
The first Resolution amends the Rules and Regulations for the Opera-
tion of Municipal Cemeteries and outlines the conditions in which
double burials should be permitted.
The second Resolution outlines the fee schedule associated with the
double burial spaces.
17. Resolution Authorizin the Execution of a Deed to the City of Greeley
or ort o ins- ree ey ie ine roperty.
When the site was purchased for the Fort Collins -Greeley water trans-
mission tie -line in 1978, the Cities entered into an agreement pro-
viding for joint ownership of that property. However, the property
was deeded only to the City of Fort Collins.
77
IMarch 17, 1981
This Resolution authorizes the Mayor and City Clerk to execute a deed
to the City of Greeley, giving them joint ownership of the property.
The City of Greeley will reimburse Fort Collins for half of the $6,500
acquisition cost of this parcel, as provided for in the 1978 agree-
ment.
18. Resolution Authorizing the City to Lease Certain City Owned Agricul-
...__ zr r—.n�—Z .
The Moore farm, now owned by the City for sludge disposal, has been
farmed for many years by the Schneiders. However, last year was the
first year that the Schneiders farmed it under a lease agreement with
the City. They have requested to continue to farm it under an ar-
rangement similar to last year. During 1980, gross revenue from the
farm crops was approximately $80,000. By agreement, the City received
one-fourth of the crop revenues or approximately $20,000. The pro-
posed agreement for 1981 again provides that the tenants will do the
farming and pay for most of the farm expenses. In return, the City
will receive one-fourth of the crop value. The City will be respons-
ible for the upkeep of buildings, main irrigation ditches and other
items of a permanent nature.
19. Resolution Authorizing the Trade of Property Along the Poudre River to
Blair Kiefer.
In January Mr. Blair Kiefer wrote us requesting that the City sell or
trade him a strip of land 200'x25' along our bike trail near the Poudre
River at Riverside Park.
The administration recommends that Council authorize the trade of this
strip of City property in exchange for installation of an 8' wood
fence across 400' of the property.
20. Resolution Approvin A reement Extendin a Lease on the Rock
Tor ne ear wi u oma is x ensign.
The Cities of Fort Collins and Greeley own lands known as the Rockwell
Ranch. Together the Cities own four 160-acre parcels. Fort Collins
owns two additional 160-acre parcels. These lands are held in trust
and are managed by Charles Bishopp, Trustee. For the past nine years,
Jesse C. Greer and Virlon G. Parker have leased the lands for ranching
purposes. They desire to extend the lease and the Trustee agrees to
this extension on generally the same terms at a fee of $1,220 per
year.
1
78
March 17, 1981
21.' Resolution Authorizin Application for an UMTA Grant for Financ
ep acement o uses and Lonstruction of a Bus aintenance
The resolution approved by Council on March 3rd, directing staff to
seek a grant from the Urban Mass Transit Administration (UMTA) for the
replacement of four Mercedes buses and the construction of a bus
maintenance facility, does not meet UMTA's minimum requirements for
grant application. This resolution, following UMTA's suggested
format, meets the requirements by formally authorizing the City
Manager to manage the grant application process and sign for the
City.
22. Routine Deeds and Easements.
A. Addendum to Agreement with CSU Research Foundation for a Spring
Creek Trails easement needed or the relocation of the Sherwood
Bridge crossing. This relocation is necessary because of the
alignment of a road to the new CSU Veterinary Hospital. This
easement is located west of the Colorado and Southern Railroad
bike path tunnel, north of Drake Road and west of College Avenue '
Construction is scheduled for this spring on this section of the
trail. Consideration: None.
B. Agreement with the Sherwood Irri ation Company for a Spring Creek
Trails ditch crossing on esearc oun at ion property, west of
the Colorado and Southern bike path tunnel. Construction is
scheduled to begin prior to April 15th. Consideration: $250.00.
C. Right-of-way from the City to Mountain Bell, located on the
eastern boundary of Sewer Treatment ant , needed for Mountain
Bell to provide telephone service to the Rawhide Waste Water
Treatment Plant Pump Station. Consideration Paid to City:
$1.00.
Agreement with the Schneider family for acquisition of a 5.778
acre parcel for the ouP dre Trails System, located south of Highway
14 and east of Lemay. This is the next to last parcel to be
acquired between Mulberry and Prospect. Construction will begin
on this section of the trail in the summer. The cost for acqui-
sition of this property is $16,178.40 ($.06 per square foot).
79 1
I
March 17, 1981
Ordinances on Second Reading were read by title by City Clerk Wanda Kra-
jicek.
Item #5. Second Reading of Ordinance No. 35, 1981, Vacating a Otili
asemen ovate tt to ract o ora ores, trs�Ft ilin
Ordinances on First Reading were read by title by City Clerk Wanda Krajicek.
Item #6. Heari2Q and First Read in of Ordinance No. 36, 1981, Appropriat-
tn rtor ear eserves to a are ouse un or a ns a a-
Tton o— f a Computerized Stock o coun tng ys em.
Item #8. Hearing and First Reading of Ordinance No. 38, 1981, Annexin
Property Known as Springfield Annexation.
Item #10. Hearing and First Reading of Ordinance No. 40, 1981, Authorizing
Tie CQ y Ina er o n er to o an reemen wt�T�{ 75son-
oss Corporation or the ease o a omputer o tware ac age.
Item #12. Two Ordinances Relatina to Givina the Planning and Zoning Board
the Final Authority and Relating to Conversions in the R-H Zone
anG Non -Conforming uses.
Councilman Wilkinson made a motion, seconded by Councilman Kross, 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 Tabled to March 31 on
First Reading Amending Section 112
of the Code Relating to
Water Plant Investment Fees
Following is the City Manager's memorandum on this item:
"The Water Plant Investment Fee (WPIF) is currently charged according to
the size of the water tap or service line (usually the service line is the
same size as the tap). This structure creates some potential problems
since the fees charged are often not in proportion to water usage and there
is the potential for installation of undersized service lines. Several
methods of improving the WPIF structure have been investigated.
1
80
March 17, 1981
The WPIF is intended to finance the cost of expansion of water treatment,
storage, transmission and distribution facilities attributable to new
development. In order to do this equitably, the fee should reflect the
maximum day demands expected from each new water service. The factors that
affect the projected maximum demands for each new service include the
service line, the number of people served, and the irrigable area.
The staff initially examined three alternatives. The first was a WPIF
based on tap size, just as it is presently, but with a minimum tap size
according to the number of units served by the tap. The second method was
to base the WPIF on the housing density of each development. The third
method was to base the charges on the number of units per building. After
considerable analysis and consideration, various components of these
alternatives were synthesized into a recommended WPIF structure as follows.
With the recommended WPIF structure the City would charge most traditional
single family residences a WPIF based on the lot size. Multi -family
residences, which usually have common space associated with them, would be
charged according to the number of units per building. Since the major
portion of WPIF revenues come from single family residences, and their
maximum demands are largely due to lawn irrigation, these residences would '
be charged by housing density as reflected in lot sizes. Multi -family
developments would not be as adaptable to charges according to housing
density, but the number of housing units per building does indicate pro-
jected water demands. The adoption of this structure, as proposed in the
attached memo and ordinance, should not result in any significant change in
revenues to the utility, or cost to our citizens, but should result in a
more equitable rate structure. This concept was reviewed by and is recom-
mended by the Water Board."
Councilman Wilmarth expressed the opinion that this item should not be on
the Consent Calendar on First Reading because of its importance.
City Manager John Arnold explained that it had been put on the Consent
Calendar because it had been discussed at some length at a work session.
He asked that the item be tabled to March 31 to clarify phraseology in
the Ordinance that the City Attorney has some concerns with.
Councilman Bowling made a motion, seconded by Councilman Wilkinson, to
table Ordinance No. 37, 1981, on First Reading until March 31, 1981.
Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson,
and Wilmarth. Nays: None.
THE MOTION CARRIED.
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' March 17, 1981
Ordinance Adopted on First Reading
Zoning Property Known as Springfield Annexation
Following is the City Manager's memorandum on this item:
"This is a request to zone the property known as the Springfield Annexa-
tion. Applicants are requesting zoning the 80+ acres R-L, Low Density
Residential. Surrounding zoning is as follows:
West: Section 34, R-L-P
East: Larkborough Subdivision, R-L-P
North: Chism PUD, R-L-P
South: Woodlands PUD, R-L-P
Recommendation:
Staff recommends approval of zoning the Springfield Annexation, R-L.
The Planning and Zoning Board recommended approval of the Springfield
Zoning on a vote of 5-2 at their February 23, 1981 meeting (Case #142-80)."
Councilwoman Reeves asked why the zoning was not R-L-P as opposed to
I-L.
Planning Director Curt Smith replied that the applicant had requested R-L
zoning. Staff had, in terms of not requiring every project be done as a
P.U.D., supported this request. The two negative votes on the Planning and
Zoning Board felt it should be conditioned as a P.U.D. either in the R-L or
R-L-P zone. The majority of the Planning and Zoning Board felt the R-L
zoning was appropriate and the condition of a P.U.D. should not be applied.
Councilwoman Reeves made a motion, seconded by Councilman Kross, to adopt
Ordinance No. 39, 1981, on First Reading. Yeas: Councilmembers Bowling,
Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Ordinance Tabled to March 31
on First Reading Authorizing the City Manager
to Enter Into an Agreement for the
Lease/Purchase of 18 Police Patrol Cars
Following is the City Manager's memorandum on this item:
"The City proposes to acquire 18 Police patrol cars, 15 replacement ve-
hicles and 3 additional vehicles, by lease/purchase financing.
1 82
March 17, 1981 '
The terms of the agreement with First National Bank will provide for
quarterly payments at an interest rate of 75% of the First National Bank's
prime rate to be adjusted quarterly.
This agreement shall not be a pledge of the City's revenue. The maximum
amount that can be authorized is $161,969.04."
Councilman Bowling explained that he asked that this item be pulled because
of the sizeable amount involved and because he felt 75% of prime would not
be a good bargain to the City. He questioned if this was a good time to
enter into a lease/purchase agreement of this magnitude.
City Manager Arnold replied that it was not the best time but the rate was
the best the City could get at this time. He added that he would like to
table this item until March 31 to answer several questions.
Councilman Wilkinson requested comparison information be brought back to
show the cost difference between a lease/purchase and an outright purchase.
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to
table Ordinance No. 41, 1981, on First Reading until March 31., Yeas:
Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and I
Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution Approving the Execution of an
Agreement with ELCO Water District and
the Boxelder Sanitation District Establishing
a Joint Advisory Board for Coordination
of Water/Sewer Services, Adopted
Following is the City Manager's memorandum on this item:
"Some time ago the City Council established a committee comprised of
Councilmembers, a Water Board member, and staff, to meet and negotiate with
representatives from the East Larimer County Water District and the Box -
elder Sanitation District. The Councilmembers on the committee were Earl
Wilkinson and Elery Wilmarth; Bernie Cain represented the Water Board; and
Mike Smith and Lucia Liley provided staff assistance. Since that time,
the committee has met on several occasions in an attempt to negoti-
ate an intergovernmental agreement between the City and the two Districts
related to consolidated service and facilities for the northern Urban
Growth Area of Fort Collins. At the last meeting in February, all of the
83 1
March 17, 1981
parties approved a draft agreement. This agreement is considered to be the
first phase in perhaps a series of intergovernmental agreements between the
two Districts and the City. The goals as set forth in this first phase
agreement are as follows:
(A) To continue the cooperative exchange of information,
operational assistance, and emergency aid.
(B) To develop standard construction and engineering
specifications.
(C) To develop policies regarding provision of water and
sewer services within the boundaries of those areas
located both within the Fort Collins Urban Growth Area
and the Districts.
(D) To develop a comprehensive facilities plan for all
facilities improvements to be placed in the Fort
Collins Urban Growth Area in order to promote a more
efficient and economical utility system for the custo-
mers and constituents of the area.
(E) To develop the concept and implementation of a water
and sewer authority and to analyze the benefit to the
customers of the City and the Districts of creation of
such an authority.
(F) To develop an analysis of the technical and financial
feasibility of merger or consolidation of the utility
systems of the City and the Districts.
Additionally, this agreement establishes a City/District Water and Sewer
Advisory Board. The parties agree to establish, on or before May 1, 1981,
an advisory board consisting of two Elco District Board members appointed
by Elco; two Boxelder District Board Members appointed by Boxelder; two
Fort Collins City Council members appointed by the City Council; and one
Fort Collins Water Board member appointed by the City Council. The terms
of each member will be for a two-year period. The purposes of the advisory
board, in line with the goals set out in the agreement, will be to consider
proposals given to them by the utility management of the Districts and the
City regarding standard construction and engineering specifications,
service requests for new developments and subdivisions located within the
Urban Growth Area, and system modifications in the Urban Growth Area.
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March 17, 1981 '
The agreement has a term of two years at the end of which the parties may
extend the agreement for an additional period in order to accomplish the
purposes of the agreement.
Lastly, there are some provisions in the agreement indicating a good faith
effort will be undertaken by both parties to see that the goals of the
agreement are accomplished and that all parties will take all steps neces-
sary to fully implement the terms of the agreement."
City Attorney Liley noted that the Boards of both districts would be
considering the agreement this week and that it has been approved by their
attorney.
Councilman Wilkinson made a motion, seconded by Councilman Wilmarth, to
adopt this Resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves,
St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution Making Appointments to
Various Boards and Commissions, Adopted
Following is the City Manager's memorandum on this item: '
"There is currently one vacancy on the Cultural Resources Board because of
the resignation of Randy Brillhart. The person appointed will fill the
unexpired term until July 1, 1984.
There is also one vacancy on the Liquor Licensing Authority due to the
resignation of Linda Renz. Council will make an appointment to fill her
unexpired term which runs until July 1, 1982.
Two vacancies exist on the Parks and Recreation Advisory Board because of
the resignations of Charles Basham and Robert P. Crockett. Council will
need to select persons to fill one vacancy until July 1, 1981 and the other
until July 1, 1982.
Applications for these three Boards and Commissions are included in the
agenda for Council review."
Council nominated the following names to be inserted in the Resolution:
Cultural Resources Board
Rosalyn Spencer July 1, 1984
85 1
IMarch 17, 1981
Liquor Licensing Authority
Renee M. Oldham July 1, 1982
Parks and Recreation Board
Ann Schroeder July 1, 1981
Robert Aukerman July 1, 1982
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to
adopt this Resolution, inserting the above names and expiration dates.
Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson,
and Wilmarth. Nays: None.
THE MOTION CARRIED.
Request to Waive the 1/6 Contiguity Requirement
for Development in the Urban Growth Area for a 9.78-
Acre Parcel Located South of Harmony Road and
West of County Road 7, Denied
' Following is the City Manager's memorandum on this item:
"This is a request to waive the 1/6 contiguity requirement for develop-
ment in the Urban Growth Area for a 9.78-acre parcel located south of
Harmony Road and west of County Road 7. The Board reviewed a rezoning
request for this site at the September 22, 1980 meeting, and voted 6-0 with
one abstention, to recommend denial of the rezoning request. The Board of
County Commissioners approved the rezoning request on November 26, 1980
with the condition that the Urban Growth Area application criteria be met
prior to development of the site and that public sewer not be required for
the site's development.
The site does not have at least 1/6 of its boundary contiguous to existing
development. This contiguity requirement may, upon application, be waived
by the Larimer County Commissioners after a hearing with thirty (30) days
public notice, provided that:
1. Such waiver is approved by the governing body of the municipality
nearest the site for which a waiver is sought;
2. The County Commissioners find such waiver is consistent with the
intent and purpose of the County Comprehensive Master Plan;
3. Such waiver does not result in undue public expense for applying
governmental services to the site for which a waiver is sought.
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March 17, 1981 1
Discussion
The potential to waive the 1/6 contiguity requirement was originally
included in the Intergovernmental Agreement so that major employers
would not be excluded from locating in the Urban Growth Area by this
requirement.
Existing development is defined as follows:
1. County subdivisions which were approved before January 1, 1980,
which do not have a contract between the developer and the County
for specicic urban improvements, must have building permits issued
on at least 50% of the lots in the subdivision before the subdi-
vision can qualify as existing development.
2. County subdivisions which were approved before January 1, 1980,
which do have a contract between the developer and the County for
specifi'urban improvements will qualify as existing development
when the first building permit is issued for construction within
the subdivision.
3. Any City subdivision and any County subdivision finally approved 1
after January 1, 1980, qualifies as existing development once all
engineering improvements (water, sewer, streets, curbs, gutters,
street lights, fire hydrants, storm drainage) are completed.
The nearest development is Hewlett-Packard to the west and a service
station and farm implement sales to the east. However, neither of these
areas meet the 1/6 contiguity requirement.
Recommendation
Staff recommends denial of the Stute waiver request because it does
not meet the intent of the waiver process and because there is no existing
development in the area. The Planning and Zoning Board at their February
23, 1981 meeting recommendedPenial of this request on a vote of 5-0 (Case
#5-81)."
Planning Director Curt Smith explained that Planning and Zoning Board had
unanimously recommended denial of the request and was being brought to
Council prior to being taken to the County Commissioners.
Dennis Stranger, Hogan and Oldhausen, representing the Stute's, clarified
that the County Commissioners did rezone the property late last fall to
C-Commercial and it was his understanding that they would have to comply
87 ,
March 17, 1981
with all the requirements of the Urban Growth Area except for the sewer
requirement. He noted their surprise when applying for a building permit
as the County had not pointed out the 1/6 contiguity requirement.
Councilman Bowling made a motion, seconded by Councilman Reeves, to deny
the request to waive the 1/6 contiguity requirement. Yeas: Councilmembers
Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays:
None.
THE MOTION CARRIED.
Award of the Feasibility Study Contract
for the Underpass of the Colorado and Southern
Railroad Tracks at Prospect Road
Following is the City Manager's memorandum on this item:
"Using the procedure outlined in the Capital Projects Management Control
System, the City received 12 proposals for the feasibility study for the
underpass. The proposals were reviewed by a committee of four City staff
' members. The top four firms were interviewed by a five -member committee
which included the four City staff members and one outside professional.
The top four firms were: URS Company; Centennial Engineering; ARIX; and
BRW/Noblitt. Following the interviews the committee tallied the. review
points and BRW/Noblitt had received the highest score. The review commit-
tee and the Project Manager recommended that the contract be awarded to
BRW/Noblitt. The attached contract has been negotiated at a maximum not to
exceed cost of $75,000. Exhibit A defines the project's scope and scope of
services."
City Manager Arnold emphasized that the new consultant selection had been
used and was summarized in the agenda.
Councilman Wilmarth asked if the Stuart Street alternative was being
included in the feasibility study.
Public Works Director Krempel replied that staff would be bringing a com-
plete review of the alternatives studied to Council at a work session
before they proceed on a final design.on the specific location.
Councilman Bowling pointed out that Pat Griffin had proposed an innovative
approach to the Stuart Street underpass and that he and Chuck Mabry will be
meeting with him soon to discuss it further.
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March 17, 1981 '
Councilman Wilkinson made a motion, seconded by Councilman Kross, to award
this Contract to BRW/Noblitt. Yeas: Councilmembers Bowling, Gray, Kross,
Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution Authorizing Execution of an
Agreement with the Fort Collins Municipal
Railway Society for Construction of a
Trolley Line, Adopted `
Following is the City Manager's memorandum on this item:
"The attached Resolution authorizes the City manager to execute an agree-
ment with the Fort Collins Municipal Railway Society for the purpose of
constructing a trolley line along West Mountain Avenue. This agreement has
been under discussion for some time. The agreement specifies that the City
will own the facilities constructed by the Society and will enter into
another agreement with the Society for the operation of the trolley line.
An explanatory memorandum from the City Attorney's office is also attached,
'
and the agreement is included for final Council review. Staff recommends
adoption of the Resolution."
Councilman Wilkinson asked what measures had been taken to ensure the
quality of the materials used in the construction.
Assistant City Attorney Ruggiero explained that the City would be involved
in inspection prior to operation and a provision for periodic inspections
to insure the system is still up to standards could be included in the
maintenance agreement.
Al Dutton of the Fort Collins Municipal Railway Society appeared and
explained their fund raising methods for items that could not be donated.
He noted that the contract prevented them from starting on a phase until
commitments are in place for all materials for that phase.
Councilwoman Reeves made a motion, seconded by Councilman Kross, to amend
Page 4, Section 3c to include a phrase to the effect "that provided author-
ization comes from the City Manager, use of City equipment and employees on
a volunteer basis can be utilized provided there is no damage to the normal
operation of the City."
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Councilman Bowling made a motion, seconded by Councilman Kross, to adopt
this Resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, and
St. Croix. Nays: Councilmembers Wilkinson and Wilmarth.
THE MOTION CARRIED.
Resolution Stating the Nature and Location
of the Improvements to be Made in the
South Mason Street Improvement District No. 75
and Directing the Director of Public Works
to Prepare and Present a Report, Adopted
Following is the City Manager's memorandum on this item:
"The Staff previously discussed the proposed South Mason Street Improvement
District No. 75 at the Council Work Session on February 24. Direction was
given at that Work Session to proceed with the improvement district.
This Resolution is the first step.
The four property owners have signed a petition requesting the improvement
district. A waiver of the notification process and public hearing require-
ment is included since they will be the only property owners assessed.
Cornell Consulting Company was previously retained by the four property
owners to do preliminary design. The City will be retaining Cornell
Consulting Company to continue on the project since the district is for the
benefit of those four property owners.
It is also recommended that the engineering costs already incurred by the
property owners will be included in the assessable district costs and will
be reimbursed to the property owners after the bonds are issued.
If Council approves the Resolution creating the district, Cornell Consult-
ing Company will proceed with the final design."
Councilman Wilkinson made a motion, seconded by Councilman Kross, to adopt
this Resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St.
Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
City Attorney's Report
City Attorney Liley reported on the following items:
1. Relating to liquor at the Lincoln Center, she noted 'a recent
Colorado Supreme Court case that indicated it is not inappro-
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March 17, 1981
priate for a City to establish a non-profit corporation which
returns all profit on liquor sales to the City.
2. She called Council's attention to a suit filed by local attorney
T. Michael Turner in which he is seeking a temporary restraining
order, a preliminary injunction and a permanent injunction
prohibiting the named defendants from having any contact or
communication with an employee who retained Mr. Turner in a
potential employment grievance situation.
3. She further noted that the City's opinion had been upheld by the
Attorney General on the question of qualified vs. registered
signatures on petitions. In other words, the City Attorney's
prior ruling was correct in that only qualified electors need
sign a petition and that the amendment voted on in November did
not address the question of Charter amendments for cities.
Citizen Participation
A. Proclamation naming the week of April 12, 1981 as Arbor Week and April
17, 1981 as Arbor Day, delivered to appropriate persons. 1
B. Presentation of Outstanding Driving Award to Transfort Driver Wilma
Doney. Mrs. Doney was present to accept the award.
C. The Resolution recognizing the contributions of the Friends of the
Library was read in full by City Clerk Wanda Krajicek and accepted by
John Powers who thanked Council for honoring the Friends of the
Library.
Councilman Wilmarth made a motion, seconded by Councilman Kross, to adopt
the Resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St.
Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
City Attorney Liley stated that one of the Council candidates, Guy McCabe,
had asked for an informal reading of Council's interpretation of the
Charter provision relating to conflict of interest. The question posed was
whether an employee's status is enough to rise to a conflict of interest
under the Charter provision.
She noted that staff felt it might be appropriate for Council to give some
direction since the Council would ultimately enforce the Charter provision.
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Council consensus was that not even the appearance of a conflict of inter-
est be present in any contractual award and that the intent of the Charter
provision os that no Councilmember do business with the City while serving
in that capacity even though that person only be an employee of a firm
rather than an owner, partner or other principle.
City Manager's Report
City Manager John Arnold called Council's attention to the City News
letter. He noted that some time ago Council had requested some form of
direct communication with the public probably via the utility bills. Due
to scheduling problems, the first issue will appear as a supplement to the
Coloradoan and will deal with the ballot issues. The next issue will
accompany the utility bills and will contain information on City financing,
energy conservation, etc.
Downtown Development Authority
Election Results
Ray Dixon, D.M.A. President and one of three election judges for today's
(March 17) Downtown Development Authority election, announced that the
question of the formation of the D.D.A. had passed by a vote of 254 to 75
or a 74% majority.
Dr. Karl Carson submitted the results of the efforts of the nomination
committee for members of the D.D.A. Board.
Council indicated the Resolution making the appointments to the Board will
be brought after the Ordinance creating the Authority is adopted on Second
Reading on April 21 so that the new Council can make the appointments.
Ordinance Adopted on First Reading
Assessing the Cost of Improvements in
(McClelland) Street Improvement District No. 73
Fo.11owing is the City Manager's memorandum on this item:
"On February 3, 1981, City Council passed a Resolution accepting the
Finance Department's report and setting March 17 as the date for the public
hearing to receive comments concerning the assessment of the costs of this
Improvement District. The Council also needs to make a decision regarding
the reduction of the assessment for Ed Carroll. Mr. Carroll's assessment
would be reduced from $15,586.84 to $11,525.09. The reduction removes the
1
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March 17, 1981 '
assessment for a water main on the rear of the property. Mr. Carroll
previously paid for water main improvements on the front and side of this
property and there was no benefit to the property to have water on the
third side; however, the water main was necessary to close the water main
loops."
Councilman Kross asked if the reduction for Ed Carroll would mean an
increase in the City's share.
City Attorney Liley replied that that was correct and the City's share
would increase approximately $4,000. Additionally, she noted that if Mr.
Carroll's reduction was approved, amendments would be needed to the ordi-
nance.
Councilman Bowling made a motion, seconded by Councilwoman Reeves, to
change the percent rate in Section 2 from 6% to 8%. Yeas: Councilmembers
Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays:
None.
THE MOTION CARRIED.
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to
approve the reduction of the assessment of Ed Carroll with the resulting '
changes to the dollar amounts - Mr. Carroll's assessment will be
$11,525.09; the City's share will be $47,582.26; and the total property
owners assessable cost would be $193,234.18. Yeas: Councilmembers Bowl-
ing, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays:
None.
Councilman Bowling made a motion, seconded by Councilman Kross, to adopt
Ordinance No. 45, 1981, on First Reading. Yeas: Councilmembers Bowling,
Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution Adopting Master Street Plan
Following is the City Manager's memorandum on this item:
"After reviewing the Master Street Plan on August 26, 1980, Council indi-
cated a willingness to adopt the plan on an interim basis, submit it to
public hearing, and consider it for final adoption no later than March,
1981. The plan has had extensive review with State and County officials.
Further, the Chamber of Commerce Transportation Committee has reviewed the
plan. The plan, adopted as an interim plan, has been utilized for the past
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March 17, 1981
six months in connection with development review and street planning. A
public hearing was held in Council Chambers on March 11, 1981. This
Resolution formalizes Council's adoption of the Master Street Plan."
Nancy York spoke of her concerns regarding public transportation. She
stated she felt the Master Plan did not list street development priorities
and that it appeared to accommodate the automobile rather than encourage an
innovative approach to the transportation needs of the community.
Councilman Bowling made a motion, seconded by Councilman Kross to adopt
this Resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St.
Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution Setting Forth the Intention
of the City of Fort Collins to Issue
Industrial Development Revenue Bonds
for Hammons & Associates. Adopted
Following is the City Manager's memorandum on this item:
' "At the March loth Council Work Session, the City Council discussed the
possibility of issuing Industrial Development Revenue Bonds to Hammons &
Associates, a Colorado General Partnership. Proceeds of the bondissue
will be used to finance the acquisition, construction, and installation of
land, buildings and equipment to be used by the partnership as a hotel and
convention center complex. The company estimates that the cost of the
project to be funded by the bonds will not exceed $10 million.
The specific action requested of the City Council at this meeting is to
adopt an Inducement Resolution. If adopted, this resolution will then
allow the partnership to begin to do the detailed design, financial and
legal planning required for the actual issuance of the Industrial Develop-
ment Bonds. The Inducement Resolution is not intended to be a binding
commitment to issue the bonds, but indicates the interest and intent of
both parties to move to the next more detailed step. Many details must be
reconciled before either the partnership or the City would be in a position
to make specific commitments.
Included in this agenda item is a copy of the Inducement Resolution and a
memo comparing the proposed project with the guidelines which have been
adopted by the City Council for IDRB projects. The Inducement Resolution
contains specific provisions relating to the recovery of all costs for
legal and financial consultants by the City; these costs will be included
as a cost of the total project.
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March 17, 1981 '
Also included is a copy of a memorandum prepared by the City Attorney
relating to Industrial Development Revenue Bond financing which was sent
to the City Council last December when a previous request for IDRB's was
made."
Gene Mitchell, E.E. Mitchell and Company, explained that he was a general
partner with John Q. Hammons in a hotel -convention center project known as
The Arena. He outlined the nature of the project and presented a model
depicting the complex.
He introduced John Q. Hammons who expressed the feeling that Fort Collins
needed additional hotel facilities and that the site chosen was ideal as it
is in the growth section of the City. He noted the hotel would have
approximately 250 rooms, the convention center would seat 1,000, the coffee
shop would seat 120, the dining room 190 and the lounge 275. In addition,
there would be a conference center seating 164.
Bill Lauer, President of the Fort Collins Area Chamber of Commerce ex-
pressed support for the proposal and encouraged Council to adopt the
inducement Resolution.
Kathy Coytes, manager of the Ramada Inn, indicated there was already a high
vacancy in existing motels and questioned the need for additional facil-
ities.
Dean Albrecht, Holiday Inn, agreed with Ms. Coytes and indicated his
facility also had a high vacancy rate. He questioned Fort Collins' ability
to attract major conventions.
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to
adopt this Resolution. Yeas: Councilmembers Bowling, Gray, Kross, St.
Croix, Wilkinson, and Wilmarth. Nays: Councilwoman Reeves.
THE MOTION CARRIED.
Other Business
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to
authorize staff to proceed with plans for $2 million in airport improvement
bonds, to authorize some short term financing that would be rolled over and
paid for by the $2 million bonds and to advertise the utilities for bid and
to bring the whole financing package back on March 31, 1981.
City Manager John Arnold explained the situation with the Sophisticated
Lady Health Spa noting that Code requires Council to set a hearing.date on
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March 17, 1981
an appeal from a provision of the Code. He asked the date be set for
either March 31 or April 21. Council indicated the hearing should be held
on March 31.
Resolution Authorizing the City to
Enter Into an Intergovernmental Agreement
with Poudre Valley Hospital District for
Telecommunications Services, Adopted
Following is the City Manager's memorandum on this item:
"This proposed Intergovernmental Agreement would add the Poudre Valley
Memorial Hospital District as one of the agencies to be served by the Fort
Collins Communication Center. The Center was conceived to provide a
coordinated emergency dispatching capability to the City with increased
flexibility which would include, but not be limited to, channel patching,
phone patching, and other sophisticated communication techniques which
would permit different emergency services to communicate directly with one
another. At the heart of the system is the 911 centralized emergency
number which permits emergency response to a variety of different.emergency
situations.
Under the terms of the Agreement, the District is to pay the City $13,538
in quarterly installments. This amount is a 10% increase from the amount
received by the City for telecommunication services provided last year.
The addition of the Hospital District emergency services into our own
emergency communication system enhances our ability to provide quality
services to the public, particularly in the critical area of emergency
communications."
City Manager John Arnold stated there had been a request by the Poudre
Valley Hospital Board to adopt a Resolution approving an agreement with
them for telecommunication services. The Board will meet on March 18 and
would like the Resolution prior to their meeting.
Councilwoman Reeves made a motion, seconded by Councilman Kross to adopt
the Resolution. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix,
Wilkinson, and Wilmarth. Nays: Councilman Kross.
THE MOTION CARRIED.
March 17, 1981
Poudre Valley REA
Mayor Gray called Council's attention to a letter from Mr. Goodwin of
Poudre Valley REA asking Council to send two members to meet with their
governing board because the discussions with the electric utility have
reached an impasse. She indicated that she had responded by noting that
Council had specifically directed staff to negotiate with REA and that
Council would not meet with them at this time.
City Attorney Liley noted that staff has been negotiating with Poudre
Valley REA for about one year and felt they were making excellent progress
and were therefore surprised by Mr. Goodwin's letter. She further noted
that a case has come down from the Court of Appeals involving REA and the
town of Frederick dealing with the question staff has been negotiating.
She added that staff was looking at that case and feels that it consider-
ably enhances the City's position in the negotiations. In addition, she
pointed out that the existing agreement with REA is not all that favorable
to them but that staff feels it is a valid agreement that has never been
challenged by REA and so the City is negotiating from a relatively good
standpoint and would like to continue the negotiations. She suggested
Mayor Gray draft a letter to them asking to continue the negotiations
otherwise the City is content with the present contract which is very
favorable to the City.
Mayor Gray indicated she would draft such a letter.
Councilman St. Croix asked what progress had been made on drafting'a noise 1
ordinance.
City Manager John Arnold replied that either an ordinance or a status
report would be on the March 31 agenda.
Executive Session Authorized
Councilman Bowling made a motion, seconded by Councilman Wilkinson, to
adjourn the meeting into Executive Session for the purpose of discussing
legal matters. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, and
Wilkinson. Nays: Councilmembers Kross and Wilmarth.
THE MOTION CARRIED.
Adjournment
At the conclusion of the Executive Aethe meeting adjourned at 11,10
p.m.
TTEST:
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i y Clerk �1
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