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HomeMy WebLinkAboutMINUTES-09/20/1977-RegularSeptember 20, 1977 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, September 20, 1977 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: Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Absent: None. (Secretary's Note: Councilman St. Croix arrived at 5:35 p.m.) Staff Members Present: Lanspery, Krempel, Bingman, Wood, Smith, Kaplan, Lewis, Liley, and Sanfilippo. Also: City Attorney Arthur March, Jr. Minutes of the Adjourned Meeting of August 23, 1977 and the Regular Meeting September 6. 1977 ADDrbved as Publishe Councilwoman Gray made a motion, seconded by Councilman Suinn to approve the minutes of the adjourned meeting of August 23, 1977 and the regular meeting of September 6, 1977 as published. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on Second Reading Zoning the Timberline-Horsetooth Annexation Following is the City Manager's memorandum on this item: "This Ordinance zones the Timberline-Horsetooth Annexation which consists of 36 acres. At the September 6, 1977, Council meeting the Ordinance was amended to zone the west 529.27 feet of the Annexation as measured parallel to the west line of the annexa- tion in the R-H, High Denisty Residential District, and the remainder of the annexation in the T-Transition District. As amended, the ordinance was adopted on first reading. 120 September 20, 1977 Councilman Russell made a motion, seconded to adopt Ordinance No. 98, 1977 on second members Bloom, Bowling, Gray, Russell and man Suinn. THE MOTION CARRIED by Councilman Wilkinson reading. Yeas: Council - Wilkinson. Nays: Council- ' ORDINANCE NO. 98 , 1977 BEING AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE OF THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE TIMBERLINE-HORSETOOTH ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the Zoning District Map adopted by Chapter 118 of the Code of the City of Fort Collins, be and the same hereby is changed and amended by placing the property known as the Timberline-Horsetooth Annexation to the City of Fort Collins, Colorado in zoning districts under the zoning ordinance as follows: The [Jest 529.27 feet of said annexation as measured ' parallel to the West line of said annexation, in the R-H, High Density Residential district, and The remainder of said annexation in the T, Transition district. Section 2. The City Engineer is hereby authorized and directed to amend said Zoning District Map in accordance with this ordinance. Introduced, considered favorably on first reading and ordered published this 6th day of September, A.D. 1977, and to be presented for final passage on the 20th day of September A.D. 1977. ATTEST• Mayor \ City Clerk 121 1 September 20, 1977 ' Passed and adopted on final reading this 20th day of September, A.D. 1977. ATTEST: May City Clerk First Reading: September 6, 1977 Second Reading: September 20, 1977 Dates Published: September 11, 1977 Attest: ity Clerk (Vote: Yeas: 5, Nays: n) (Vote: Yeas: 5, Nays: 1) and September 25, 1977 Ordinance Adopted on Second Reading Zoning the Landings First Annexation Following is the City Manager's memorandum on this item: "This Ordinance zones 167.8 acres located south of Warren Lake and west of Lemay Avenue R-L-P, Low Density Planned Residential District, and was adopted on first reading at the September 6, 1977, Council meeting." Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 107, 1977 on second reading. Yeas: Council - members Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 122 September 20, 1977 ORDINANCE NO. 107 , 1977 BEING AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE OF THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE LANDINGS FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the Zoning District Map adopted by Chapter 118 of the Code of the City of Fort Collins, be and the same hereby is, changed and amended by including the property known as the Landings First Annexation to the City of Fort Collins, Colorado, in the R-L-P, Low Density Planned Residential District. Section 2. The City Engineer is hereby authorized and directed to amend said Zoning District Map in accordance with this ordinance. Introduced, considered favorably on first reading, and ordered published this 6th day of September, A.D. 1977, and to be presented for final passage on the 20th day of September A.D. 1977. Mayor ' ATTEST: City Clerk Passed and adopted on final reading this A.D. 1977. ATTEST: City Clerk 123 20th day of September September 20, 1977 First Reading: September 6, 1977 ' Second Reading: September 20, 1977 Dates Published: September.11, 1977 Attest: 7 City ClerlF (Vote: Yeas: 5, Nays: 0) (Vote: Yeas: 6, Nays: 0) and September 25, 1977 Ordinance Adopted on Second Reading Zoning the Harmony Second Annexation Following is the City Manager's memorandum on this item: "This Ordinance zones the Harmony Second Annexation consisting of 69.2 acres R-P, Planned Residential District, with the under- standing, that the plans for development of this property would be approved at less than the maximum density allowable for this zoning district. The Ordinance was adopted on first reading at the September 6, 1977, Council meeting." Councilman Suinn made a to adopt Ordinance No. members Bloom, Bowling, ' Nays: None, THE MOTION CARRIED motion, seconded by Councilman Wilkinson 108, 1977 on second reading. Yeas: Council- Gray. Russell. Suinn and Wilkinson. ORDINANCE NO. 108 , 1977 BEING AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE OF THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE HARMONY SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the Zoning District Map adopted by Chapter 118 of the Code of the City of Fort Collins, be and the same hereby is, changed and amended by including the property known as the Harmony Second Annexation to the City of Fort Collins, Colorado, in the R-P, Planned Residential district. Section 2. The City Engineer is hereby authorized and directed to amend said Zoning District Map in accordance with this ordinance. 1 124 September 20, 1977 Introduced, considered favorably on first reading, and ordered published this 6th day of September, A.D. 1977, and to be presented Passed and adopted on final reading this A D 1977 Mayor ATTEST: Z��L — - —d -./ /� I , 'City CTerk First Reading: September 6, 1977 Second Reading: September 20, 1977 Dates Published: September 11, 1977 Attest:-r �y City Cler 20th day of September (Vote: Yeas: 5, Nays: 0) (Vote: Yeas: 6, Nays: 0) and September 25, 1977 Ordinance Adopted on Second Reading Increasing the In Lieu of Water Rights Payment Following is the City Manager's memorandum on this item: "At the September 6, 1977, Council meeting, the Council adopted this Ordinance on first reading. This ordinance changes the in lieu of water right payment from $800 to $1,000 per acre foot based on a report and recommendations from the staff. 125 September 20, 1977 Councilman Suinn made a motion, seconded by Councilman Bowling ' to adopt Ordinance No. 110, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED ORDINANCE NO. 110 , 1977 BEING AN ORDINANCE AMENDING SECTION 112-66 A OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO WATER RIGHTS REQUIREMENTS AND INCREASING THE PAYMENT IN LIEU OF SUCH WATER RIGHTS FROM EIGHT HUNDRED DOLLARS ($800.) TO ONE THOUSAND DOLLARS ($1000.) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 112-66 A of the Code of the City of Fort Collins be amended, and the same hereby is, by deleting therefrom the ' words and figures "eight hundred dollars ($800 j and substituting therefor the words and figures "one thousand dollars ($1000.)". Introduced, considered favorably on first reading and ordered published this 6th day of September A.D. 1977, and to be presented for final passage on the 20th day of September , A.D. 1977. ATTEST: 41y4er� 1126 September 20, 1977 Passed and adopted on final reading this A.D. 1977. ATTEST: City Clerk ` First Reading,: September 6, 1977 Second Reading: September 20, 1977 Dates Published: September 11, 1977 City Clerk Ordinance A 20th day of September (Vote: Yeas: 5, Nays: 0) (Vote: Yeas: 7, Nays: 0) and September 25, 1977 ted on Second Reading Vacating Alley in Block 305 Following is the City Manager's memorandum on this item: "This Ordinance was adopted on first reading at the September 6, 1977, Council meeting. This alley vacation was requested by the owner of property immediately west of the existing unused alley in the 900 block of Sycamore. The Planning staff approved the request providing a 6-foot utility easement for the existing power line as required." Councilman Suinn made a motion, seconded by Councilwoman Gray to adopt Ordinance No, 111, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None, THE MOTION CARRIED 127 1 September 20,. 1977 ' ORDINANCE NO. 111,1977 BEING AN ORDINANCE VACATING THE ALLEY ADJOINING LCTS 17 and 18, BLOCK 305, CAPITOL HILLS ADDITION, IN THE CITY OF FORT COLLINS WHEREAS, the owners of the property adjoining the same have peti- tioned the City Council to vacate the following described alley adjoining Lots 17 and 18, Block 305, Capitol Hills Addition to the City of Fort Collins; and WHEREAS, such alley is not now open for public travel and the same is not needed for municipal purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That the following described alley, to -wit: The alley located in the 900 Block of Sycamore Street, adjoining Lots 17 and 18, Block 305 of the Capitol Hills Addition to the City of Fort Collins, Colorado; reserving, however, to the City of Fort Collins an easement for utility lines six feet in width, the center line of said easement being the center line of the paver line now located in said alley; be, and the same hereby is, vacated, abated and abolished. Introduced, considered favorably on first reading, and ordered pub- lished this 6th day of September , A.D. 1977, and to be presented for final passage on the 20th day of September, A.D. 1977. ATTEST: City Clerk 128 September 20, 1977 Passed and adopted on final reading this 20th day of September, A.D. 1977. ATTEST: V City Clerk First Reading: September 6, 1977 Second Reading: September 20, 1977 Dates Published: September 11, 1977 Attest - City Cler (Vote: Yeas: 5, Nays: 0) (Vote: Yeas: 7, Nays: 0) and September 25, 1977 Ordinance Adopted on First Reading Amending the Code Relating to the Salary of the City of the City Manager Following is the City Manager's memorandum on this item: "The attached Ordinance provides for ;•the City Manager's annual salary to be set at $38,000. This Ordinance has been based upon the contract agreement signed by John E. Arnold and the City Council on August 23, 1977." Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 112, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 129 September 20, 1977 Ordinance Adopted on First Reading Relating ' to Water Utility Rules, Regulations and Policies; Resolution Adopted Approving Policies and Procedures for the Water Utility Following is the City Attorney's memorandum on this item: "In accordance with recent discussions with Roger Krempel, I have prepared the enclosed ordinance. This ordinance provides for the adoption of rules, regulations, policies and procedures for the water utility and also changes the requirements for locations of meters and meter sets.. Presently, meters are required to be installed in a meter pit. This entails more expense than the installation of a meter within the building structure which it services. Installation in a meter pit was formerly required in order to allow the.meter reader access to the meter without having to enter the premises. Remote readers are now available which can be installed separate from the meter in a location on the side of the structure. This will permit a less expensive installation and also should reduce the City's costs in reading the meter since it will be easier to read a remote reader on the side of the structure than to open the meter pit and read the meter in the pit. Mechanically the change is accomplished by deleting the specific requirements in the ordinance relating to installation of meters and making the same the subject of rules, regulations, policies and procedures to be adopted by the Water Department. I understand the Water Department will have proposed policies and procedures available for adoption;,. by the City Council relating to this and possibly other subjects, and the enclosed resolution will accomplish this." Councilman Bowling made a motion, seconded by Councilman Suinn to adopt Ordinance No. 113, 1977 on first reading. Yeas: Councilmem hers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Resolution Adopted Approving Policies and Procedures for the Water Utility Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 130 September 20, 1977 RESOLUTION 77-58 ' OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING POLICIES AND PROCEDURES PROMULGATED BY THE DIRECTOR OF WATER AND SEWER UTILITIES FOR THE WATER UTILITY WHEREAS, the Director of the City Water and Sewer Utility Department has promulgated certain policies and procedures for the water utility and has presented the same to the City Council for approval; and WHEREAS, the City Council has reviewed such policies and procedures and is of the opinion that the approval and adoption of the same are required for the proper administration of the water utility. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the policies and procedures promul- gated by the Director of Water and Sewer Utilities for the Water Department and presented to the City Council, copies of which are attached hereto, be, and the same hereby are, accepted and approved. Passed and adopted at a regular meeting of the City Council held this 20ch day of co rom�or a io77 ATTEST• City Clerk 131 1 September 20,.1977 1. For new residential construction, water service lines shall be ' brought on a horizontal plane under the foundation of the residence. A minimum of 4� feet of cover shall be maintained over the water service line between the street and the foundation. A minimum of 4 inches of concrete or 2 feet of earth cover under the residence shall be maintained to a point where a vertical riser shall be installed. The vertical riser shall be installed under the utility room or another heated portion of the residence. The riser shall be insulated from its lower extremity to the floor of the utility room or other heated space. The insulation shall be of a type approved by the Building Inspection office and shall provide a minimum of 4 inches of cover on all sides of the water main. 2. The meter set device (copper horn) shall be installed not more than 12 inches from the point where the vertical riser passes through the floor. 3. The meter setting device shall be installed by a licensed plumber at the time the house plumbing is installed except as provided in the Building Code. 4. The meter set device shall be installed so that the meter shall be in its normal position when it is in place. ' 5. A clear and unobstructed access of not less than 18" x 24" shall be provided so that the meter set device and the valves can be easily reached when not installed in a basement or utility room. 6. A connector to bridge between the ends of the meter set device will be issued with the meter set device for installation in the device until meters are required. 7. A valve shall be installed in the service line on each side of the meter set device so that the meter or the connector can be installed or removed without draining the house plumbing. 8. No connection will be made to the water service line between the water main and the meter set device unless provision is made for setting another meter for such connection. For instance, sprinkler lines which are connected to the water service line between the curb stop and the house, provision must be made to set another meter for the sprinkler line. 9. In order to facilitate the installation of remote reading water meters at a future date, wire shall be installed in new construction at the time of construction from the meter set device to the remote reading point. 1 132 September 20,.1977 10. The wire shall be two conductor, #14 guage, insulated non-metalic ' sheathed cable. 11. The wire shall terminate at the meter set device with at least 12 inches of extra wire. The other terminus of the wire shall be on the outside wall of the building, 5' feet above the ground and 4 feet (+) from the electrical meter. This wire shall terminate in a recessed, weather -tight electrical box with a weather -tight blank cover. 12. Meter set devices shall be provided at cost by the City and may be picked up at the Utility Billing office at the time water permit fees are paid. 13. Exceptions to these policies may be granted on an' individual basis by the Water Utilities Director. Resolution Adopted on 208 Report Following is the memorandum from Water and Sewer Utilities Director Roger Krempel on this item: ' "In regards to the continuation of the 208 program there are two concerns to be addressed, short term and long term. The long term financial and institutional aspects of the plan are being addressed by the committee Councilman Suinn serves on. It is anticipated work of this committee will be completed later this fall and will become part of the plan to be acted on near the end of this year or early next year. In the short term the concern is to assure that there are funds appropriated by budgets presently being developed to hold together a very competent staff. Without funds being made available for 1978 salaries, staff can not be expected to stay on the job to see the plan implemented. Attached you find copies of information pertinent to the 208 program. The letter from Bill Farr to the Greeley Tribune becomes self explanatory as you read it. The staff information relates to the letter. With this information the City Council upon recommendation from the Water Board, can do as they determine to be in the public interest in continuation of the 208 program, first in the short term and later in the long term." ' 133 September 20, 1977 ' As you know, I am the Chairman of the local 208 Committee and have been since the program started. In the past few days, there have been two or three articles in the Tribune concerning the 1978 budget of Latimer and Weld COG. On August 25, your Opinion and Analysis column questioned whether the program was still necessary. The purpose of this letter is to clarify the problem. The Congress passed the Clean L:ater Act in 1972. This is a Federal Law which states that by 1933 all waters in the United States will be fishable and swimable. The law is quite plain that either the states and the local communities will meet the provisions of the law, or the Federal Government through EPA, will supercede the state and local governments and do the job of cleaning up the waters. This is probably the most far reaching piece of legislation that the Congress has ever passed. Section 208 of this law gives the counties the opportunity to plan how they can best comply to follow the law. The Larimer-Weld Council of Governments was formed to act as a liason between Federal Government, the State of Colorado and the two counties in areas where federal funds are involved. Any town, city, or fa—er who receives funds from the Federal Government, must receive them through the local Council of Governments. There is nc question that it is another layer of government. However, the directors of the Larimer and Weld COG are the mayors of the principal cities plus the County Commis- sioners. The reason for this type of organization is to have the two count- ies work together on common problems. The Federal Government granted the Larimer S Weld COG $779,000 for a complete study of how best to comply with the Clean Hater Act of 1972. This is the effort implemented by the 203 Committee aopoinred by the Larimer and Weld COG. Their report must be completed and filed by February 1, 1978. The plan is first approved by the 208 committee, then by the Larimer and Weld COG, who forwards the report to the Colorado Water Control Commission. The Commission also must approve the plan. If they have any questions or hangups about the plan, they have to come back to the local co=ittee and be satisfied. After approval by the Water Control Commission, the Governor of Colorado has to approve the plan. The plan then goes to the Region #8 EPA office in Denver for approval. Finally, the plan is sent to EPA in Washington for approval. All of these approvals will take at least six months. upon final approvai it wiii be the responsibility of the State of Colorado through the Governor, to see that the local people carry out the plan. They will hav2 to see that the necessary sewer plants are built, that the water systems are improved, that the farmers start practicing better management practices on their farm land and all of the other things that will be in the plan, must be implemented on schedule. The law requires yearly assessment and certification by the Governor that the plan is ' progressing. 134 September 20, 1977 The public does not realize that with the Clean Water Act and the Clean Air Act, the Federal Government is permanently involved in everybody's daily affairs. These massive laws are basically federally funded. In ' the case of the Greeley Sewer Plant, it is 75% federal, 25 local. If a farmer has to install retention ponds for the runoff from his irri- gated field,aad pump this water back to the head of the farm and use it over again.or whatever the rules may be, there will be federal programs that will help the farmer pay for this. This will probably be administered through the Soil Conservation Service ender the guidance of the Lorimer - Weld COG. Whether we in Weld County like it or not, our only two options are either to yeen a local Cou-ci.' of Governmen`s ano have them serve as the liason, or let rthe Federal Government through the mandate of the law, move in and make the rules and force our people to work with their mandates. Recently with the new proposals for the use of water, it is easy to see that we do not want federal intervention. The request to the.County Commissioners for the $56,000 to be split between the two counties, is the cost to continue the planning office through 1978. That is assuming that it will take the full year to have the 208 plans finished, approved and in operation. To date, the Federal Government has financed it completely. As we go into the next period, the Federal Government should finance it. Because our Larimer-Weld 208 ' program is ahead of most 208 programs, it is not absolutely guaranteed to be'funded. The requests for monev in the budget are, you might say, on an emergency basis. If the Federal Government shouldn't finance it, then the counties would furnish the $56,000 in order to complete the year and get the plan approved. A year from now, permanent financing of the COG office and final approval will have to be assessed. You �.annot estimate beyond 1978 because we have no idea what is going to be approved. It is obvious to me that a plan like this will tare 10 to 20 years to implement. Somebody is going to have to manage it and see that the plan is put into effect and operated according to plan. The law is very plain that the plan has to be reviewed yearly and certified to the Governor that progress has been made and items that were in the plan have been built. For example, the Greeley -Delta sewer plant is part of this total 208 plan. Eventually it will be certified to EPA that the new plant is built and their discharges are meeting the requirement of i the act. 135 1 September 20, 1977 When the Clear Water Act was passed in 1972, I was serving as President of the American National Cattlenens Association. I was asked by Presi- dent Nixon to serve a three year tern as a member of the water pollution control advisory beard to start to get this legislation motivated. That experience convinced me what _ tremendcus problem tie irrigated hest faced in complying with the law to make all the streams fishable and swimable. I took the job of Chairman of the 208 Committee as a defensive measure to protect the best possible use of our waters for Larimer and Weld Counties. I want to hold Weld County tares as low as possible. The point here is that the dollars that are being talked about are nothing compared to the costs that this area would incur if it were not for the 203 program. I as'-_e3 Eric Eidsness Zo Frepare'some material for rue. I enclose a copy of this material. If you or any of your reporters need further information or would like to discuss this matter personally at any time, I will certainly be glad to do so. Yours) truly', �_ J ' Encl. h Encl. City Clerk Verna Lewis read the resolution at length. Councilman Suinn made a motion, seconded by Councilman Bowling to adopt the resolution and transmit the same to the Larimer County Commissioners, the COG Board and Staff. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 1 136 September 20,.1977 RESOLUTION 77-59 OF THE ODUNCIL OF THE CITY OF FORT COLLINS SUPPORTING AND REQUESTING THE CONTINUANCE ' OF THE L.ARIMER-WELD 208 PROGRAM WHEREAS, the Larimer-Weld COG has received a Federal Grant to fund a complete study on how best to comply with the Clean Water Act of 1972 by develop- ment and adoption of a Regional Wastewater Management Plan and Water Quality Program; and WHEREAS, this study and plan is to be completed and filed with the Colorado Water Quality Control Commission by February 1, 1978; and WHEREAS, the future water quality, wastewater management and economy of the entire rural and urban areas of the two counties is dependent on the data and documentation gathered through the 208 Program and submitted to the Colorado Water Quality Control Commission being accepted and approved; and WHEREAS, necessary finding for the continuance of the 208 Program through 1978 may not be available. NOW, THEREFORE, BE IT RESOLVED BY TH�E ODUNCIL OF THE CITY OF FORT COLLINS that the City Council hereby expresses its opinion that the continuance of the Larimer-Weld 208 Program through the 1978 calendar year is essential in protect- ' ing water quality and value for historical, present and future uses as well as the economic welfare of the area. BE IT FURTHER RESOLVED that the City of Fort Collins strongly recommends to tiie Larimer-Weld COG that the necessary funding be provided to continue said 208 Program through the 1978 calendar year. Passed and adopted at a regular meeting of the City Council this 20th day of September, A.D. 1977. ATTEST: i City ier 137 September 20, 1977 Resolution Adopted Adopting New Fees ' for Code of the City of Fort Collins Following is the memorandum from the City Clerk on this item: "Due to the rapid expansion of the Code of the Cit of Fort Collins, it has become necessary to house t e Co a as a two voIu—me set. The City Clerk's office has negotiated with General Code Publishers to purchase additional binders to facilitate this change and it will be necessary to charge $6.75 each for the 3-inch binders. Chapter 1, Section 16, of the Code of the Cit of Fort Collins authorizes the payment of a fee or t is Co a Boo to be set by resolution of the City Council. Thus, it will be necessary to present to Council, a resolution replacing Resolution 72-136, passed and adopted December 28, 1972, authorizing the Code Book to be sold at a cost of $75.00. Section 1 of the new resolution should read $81.75 per copy. Actual cost to each buyer will be $85.84 including city and state tax of $4.09. We request that this resolution be placed on the agenda of the September 20, 1977, Council meeting for their consideration." Councilman Wilkinson made a motion, seconded by Councilwoman Gray ' to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED RESOLUTION 77-60 OF THE COUNCIL OF THE CITY OF FORT COLLINS PROVIDING FOR THE SALE OF COPIES OF THE CODE OF THE CITY OF FORT COLLINS AND THE SUPPLEMENTATION OF SUCH SOLD COPIES WHEREAS, heretofore, the City Council has had prepared by General Code Publishers Corp., a codification of the Ordinances of the City of Fort Collins, and WHEREAS, the City Council desires to provide for the sale of copies of said code to the general public and for the supple- mentation of such sold copies. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. Copies of the Code of the City of Fort Collins shall be available in the office of the City Clerk for purchase ' by the general public at a cost of $81.75 per copy. 138 September 20, 1977 Section 2. Copies of Chapters 99 and 118 of the Code of the City of Fort Collins (the same dealing with subdivision of ' land and zoning) shall also be available in the office of the City Clerk for purchase by the general public at a cost of $3.00 per copy. Section 3. The said Code shall be supplemented from time to time as designated by the City Council and until designated otherwise, such supplementation shall be done quarterly. Section 4. The charge to be made for purchase of said Code (or the portion of the Code containing Chapters 99 and 118) shall include regular supplementation at no additional cost to the pur- chaser for the life of the Code. Passed and adopted at a regular meeting of the City Council held this 20th day of September, A.D. 1977. ATTEST: City Clerk Request for Additional Plans Examiner I Building Inspection Division Approved Following is the City Manager's memorandum on this item: "Attached is a request from Bill Waldo, Chief Building Inspector, for an additional Plans Examiner I position. This request for an additional position has not been included in our 1978 budget requests. When we originally discussed Bill's budget requests for 1978 in July, we felt that, with overtime and the addition of our Permit Coordinator, we could handle the workload in the plans checking area. This assumption has not held correct as illustrated in the backlog statistics in the attachment. The impact of hiring this additional Plans Examiner would be an increase of $3,179 in 1977 and $14,137 in 1978. As shown on the budget attachment, we will still be in a positive revenue/ expenditure position as it relates to the Building Inspection Division if this position is approved. 139 September 20,.1977 Upon Council approval of this position, we expect that we could ' have an individual hired by October 15, 1977." Councilman Bowling made a motion, seconded by Councilman Russell to authorize the hiring of a Plans Examiner I position for the Building Inspection Division. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Resolution Adopted Approving Amendment to Bylaws for Building Contractors' Licensing Board Relating to Examinations Following is the City Manager's memorandum on this item: "On August 25th, the Building and Contractors' Licensing Board approved the attached amendment to its by-laws. This amendment would extend the waiting period for retaking an examination after two failures from two months to three months. Additionally, it would allow an applicant to petition the Board for an oral examination after the applicant had failed the written exam three times." ' Councilwoman Gray made a motion, seconded by Councilman Suinn to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 1 140 September 20, 1977 RESOLUTION 77-61 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AMENDMENT TO THE BY-LAWS AND RULES OF PROCEDURE FOR THE BUILDING CONTRACTOR'S LICENSING BOARD RELATING TO EXAMINATIONS WHEREAS, the City Attorney's Office has prepared and the Building Contractor's Licensing Board has approved certain amendments to the by-laws and rules of procedure for said Board relating to the taking of examinations for licenses; and WHEREAS, the Building Contractor's Licensing Board has submitted such amendments to the City Council for its approval; and WHEREAS, the City Council has received such amendments and desires to approve the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the amendments to the by-laws and rules of procedure for the City of Fort Collins Building Contractor's Licensing Board presented to the City Council be, and the same hereby are accepted and approved. Passed and adopted at a regular meeting of the City Council held this 2Oth day of September, A.D. 1977. 141 September 20, 1977 BY-LAWS AND RULES OF PROCEDURE of the ' BUILDING CONTRACTORS' LICENSING BOARD CITY OF FORT COLLINS, COLORADO ARTICLE IV Section 7. Any person who fails to pass any examination for a Contractor's License shall be required to wait a period of two (2) months before he shall be allowed to retake the examination, provided that, upon two failures to pass an examination for a particular license, a person shall be required to wait a period of three (3) months before he shall be allowed to retake such examination. If any person retakes an examination within one (1) year, he shall not be required to submit a new application to the Board for approval. He shall be required, however, to pay an examination fee of ten dollars ($10.00) prior to the examination for each ' examination taken. Section 8. Any person who has failed to pass an examination for a particular Contractor's License after three (3) attempts, and who has waited at least two (2) months since the last examination taken, may petition the Board for an oral examination for the particular license. Such application shall be submitted in writing, along with the ten dollar ($10.00) examination fee, to the Building Inspection Department at least one (1) week prior to the next regularly scheduled meeting of the Board. In conducting an oral examination hereunder, the Board shall use the questions from the written examination on which the applicant received the lowest score. The entire examination, including all instructions, questions and answers, as well as the decision on the examination shall 142 September 20,.1977 be recorded and such recording preserved for at least one (1) year. ' Each question shall be worth a stated number of points and in grading the examination, each Board member shall assign points for each answer given. At the end of the examination, each Board member shall total . the number of points given for each answer and the applicant's final score shall be the average of all the totals from all the Board members conducting the examination. Contract with Management Science America Computer Software Agreement Approved Following is the City Manager's memorandum on this item: "As discussed at the September 13 work session, the Finance Department and Management Information Systems Division have evaluated approximately forty vendors of financial system packages. As a result of that evaluation, the staff is recommending the purchase of Management Science America's ' (MSA) General Ledger and Accounts Payable systems at a cost of $50,000. Funds are budgeted for this expenditure in the 1977 revised Finance and MIS budgets. Attached is documentation concerning the evaluation process, MSA, and the systems to be purchased. The estimated imple- mentation time is four to six months. MSA has delivered their standard contract to the City for review and it is anticipated the City Attorney will add some additional provisions to that contract for the full protection of the City. Recommendation: The Administration recommends that the Council authorize the City Attorney to review and make the necessary provisions to the contract and authorize the City Manager and City Clerk to approve the revised contract not to exceed $50,000." Assistant City Attorney Liley added a recommendation that there might be some additional travel expenses for the company to come to Fort Collins initially. Director of Finance Wood stated the addition would be for travel expenses on per diem expenses for 120 hours of technical support. ' 143 September 20, 1977 Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adopt the recommendation of the Administration plus reimbursable ' costs. Yeas: Councilmembers Bloom, Bowling, Cray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Resolution Adopted Approving Application for Preliminary Loan for Low -Rent Public Housing Following is the City Manager's memorandum on this item: "The Fort Collins Housing Authority has received authorization to proceed with the development of thirteen units of public housing allocated to Fort Collins by the United States Department of Housing and Urban Development. Funding for this project will be provided under the 1974 Housing and Community Development Act. The Act requires that the appli- cation for preliminary loans under the Act by local housing authorities must be approved by the governing body of the locality involved. The Authority will need $2,600 (the full preliminary loan allowed by HUD for this size project) in order to pay architect's fees ' for the development of developer bid packets, and for assisting the Housing Authority in the selection of a qualified developer. The preliminary loan will also be used to pay for housing site appraisals. These preliminary activities are required by HUD prior to authorization by HUD of a contract to fund the purchase of the project under the turnkey method of construction. Repay- ment of the preliminary loan is an allowable cost under the HUD project purchase contract for "Annual Contributions Contract" (A.C.C.). If for any reason the A.C.C. is not forthcoming, the Authority will endeavor to repay the loan with other project revenues. The City Housing Assistance Plan and the Housing Authority waiting list of eligible applicants for public housing indicate the need and market for the additional housing. The Housing Assistance Plan calls for the construction of 117 low to moderate income family housing units. The current Housing Authority waiting list statistics reflect the current existence of 321 eligible applicant families. Recent CSU, City, and Housing Authority surveys indicate that the need for the proposed public housing is not being met by private enterprise." 144 September 20, 1977 Housing Authority Chairman Pete Sanchez spoke in favor of the resolution and the intent to place these 13 units in diversified areas of the city. Miss Agnes Lillev, Chairman for Housing of ' the League of Women Voters spoke to the League's committment to the provision of decent housing for all citizens. Councilman Russell made a motion, seconded by Councilman Suinn to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED RESOLUTION 77-62 OF THE ODU14CIL OF THE CITY OF FORT COLLINS APPROVING APPLICATION FOR PRELIMLNARS LOAN FOR LOW -RENT PUBLIC HOUSING WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate housing, to Drevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of its citizens; and WHEREAS, under the provisions of the United States Housing Act of 1937, as amended, the United States of America, acting through the Secretary of Housing and Urban Development (herein called the "Government"), is authorized to provide financial assistance to local public housing agencies for undertaking I and carrying out preliminary planning of low -rent housing projects that will assist in meeting this goal; and WHEREAS, the Act provides that there shall be local determination of need for low -rent housing to meet needs not being adequately met by private enterprise and that the Government shall not make any contract with a public housing agency for preliminary loans for surveys and planning in respect to any low -rent housing projects unless the governing body of the locality involved has by resolution approved the application of the public housing agency for such preliminary loan; and WHEREAS, the Fort Collins Housing Authority (herein called the "Local Authority") is a public housing agency and is applying to the Government for a preliminary loan to cover the costs of surveys and planning in connection with the develovnent of low -rent housing; NU , THEREFORE, BE IT RFSOLVED BY THE COUNCIL OF THE CITY OF FORT OOLLLNTS as follows: 1. That there exists in the City of Fort Collins a need for such low -rent housing which is not being met by private enterprise; 145 1 September 20, 1977 2. That the application of the Local Authority to the Goverrunent for a ' preliminary loan in an amount not to exceed $2,600 for surveys and planning in connection with low -rent housing projects of not to exceed approxitely thirteen ma (13) dwelling units is hereby approved. Passed and adopted at 20th day of September, A.D., ATTEST: City Clerk a regular meeting of the City Council held this 1977. Purchase of Old Fuel Truck ' Following is the City Manager's memorandum on this item: "Attached is a proposal from Max Hoffman of Falcon Air regarding the old fuel truck currently owned by the Fort Collins/Loveland Airport. Mr. Hoffman is proposing to purchase the old fuel truck, repair and maintain it, and use it as a backup fuel vehicle. The price quoted is $500. The Loveland City Council has accepted the bid by Max Hoffman. Recommendation: The Administration recommends that the City Council accept the offer of Falcon Air and authorize the Airport Board to sell the old fuel truck to Max Hoffman for $500 with the understanding that it will be used as a backup fuel vehicle and all future operation and maintenance costs will be absorbed by Mr. Hoffman and not the Fort Collins/Loveland Airport." Councilman Bowling stated, for the record, in the past he had withdrawn from all discussion concerning the Fort Collins/Loveland Airport, due to a consulting responsibility with Valley Air Park, which has now been terminated, and he no longer felt he might have a potential conflict of interest. Airport Board Chairman Evan Stoll spoke in favor of the purchase. ' 146 September 20, 1977 Councilwoman Gray made a motion, seconded by Councilman St. Croix to adopt the recommendation of the administration. Yeas: Council- membersI Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Lease of Airport Premises to Nordic Construction Company Following is the memorandum from the Assistant City Attorney on this item: "The attached lease has been approved by the Airport Board and the Loveland City Council. The lease is with Nordic Construction Company for therental of a portion of the airport premises for the purposes of constructing forty "T" hangars. It is antici- pated that there will be an assignment of this lease from Nordic to Max Hoffman after approval of the lease and this assignment is specifically approved in the lease. The term of the lease is for twenty years with payment being made on a monthly basis as follows: 1. First ten years - a sum of $101 a month ($1,215 per year) 2. Second ten years - a sum of $202 a month ($2,431 per year) ' These figures are based on a charge of $0.01 a square foot for the first ten years and $0.02 a square foot for the second ten years. If the lessee desires to transfer the ownership of the "T" hangars, he may do so under certain conditions, but the Cities would have the right of first refusal to purchase the hangars at specified prices. Additionally, after three years, the Cities have the right to purchase any hangars in place at a price of $400,000 if purchased during the first ten years and an additional increase of $25,000 per year up to a maximum cost of $650,000 if purchased during the twentieth year of the lease. These sums are based upon forty hangars in place and would be adjusted for the actual number of hangars in place. The lease would be terminated upon the purchase of the hangars." Chairman of the Airport Board Evan Stoll spoke in favor of the Board's recommendation. Council considered at length the charges and construction time estimated for the 40 hangars. 147 1 September 20, 1977 Councilwoman Gray made a motion, seconded by Councilman Suinn to approve the lease with Nordic Construction and authorize the ' Mayor and City Clerk to execute the agreement on behalf of the City. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Dedications from HCI, Inc., and Grant of Easement from Colorado and Southern Railroad Accepted Following is the City Manager's memorandum and recommendation on this item: "(1) Right -of. -Way Dedication from HCI, Inc. for public road, pedestrian sidewalk and utilities at Lemay Avenue and East Drake Road, required for construction in Street Improvement District No. 72 and for the realignment of Drake Road through Lemay to the west. Consideration: None. (2) Dedication of Easement from HCI, Inc. for the installation, reinstallation, servicing and maintenance of utilities along the east side of Edinburgh Street from Strachan Drive to Drake Road, required to install a storm sewer line. Consideration: None. (3) The attached agreement from the Colorado and Southern Railroad is for the right of way for Mason Street from Horsetooth Road north 1,550 feet. The agreement is required in connection with the Mason Street Improvement District between Drake Road and Horsetooth Road. Consideration: $1,000 (one-time charge) Recommendation: The Administration recommends that the City Council approve the above dedications from HCI, Inc., and Grant of Easement from the Colorado and Southern Railroad." Councilman Wilkinson made a motion, seconded by Councilman Suinn to approve the dedications from HCI, Inc. and Grant of Easement from the Colorado and Southern Railroad. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 1 148 September 20, 1977 Agreement Concerning Repainting Swimming Pool Approved Following is the memorandum and recommendation from the City I Manager and City Attorney on this item: For some time the Administration has been trying to resolve a dispute with Chester Products concerning the paint job on the indoor swimming pool. The pool was completed about November 15, 1974, and originally the warranty on the paint job from Chester Products was for one year and expired November 15, 1975. The original paint job failed,. apparently because of changes in the chemical composition of the paint furnished to Chester Products by its supplier. It further appears that Chester Products was not aware of the change in the paint composition. Pursuant to the warranty Chester Products repainted the entire pool, grinding down all of the bad spots and repriming. This was accomplished with paint supplied by a new supplier. The paint job failed again and Chester Products again repainted the pool, despite its claim that its warranty period had expired. They further extended their warranty for one additional year after this work. The extension of the warranty was given because the City maintained the area needing repair should be sandblasted down to the metal, while Chester Products claimed it was sufficient to use a grinder to remove the defective paint. There has again been a substantial failure of the paint job and the ' City Administration has been negotiating with Chester Products to try to achieve a satisfactory solution to this problem. Chester Products has maintained that the failure was because of the City's failure to adequately monitor the water chemistry in the pool. They have also maintained that some touch-up work must be expected in any painted pool. Since examining the pool they have agreed that the present condition goes beyond the type of touch-up work which might be anticipated. The City's primary claim has been that the failure to remove all of the old paint through sandblasting is the reason for the paint job failure. The City,holds $9,500.06 from the amount which was due to Chester Products under the original pool contract. Although there have been agreements in the past to release these funds to Chester Products, the City has not released the funds because of its claims on the paint failure question. 149 September 20, 1977 The attached agreement has been negotiated between City ' representatives and representatives from Chester Products. The City Administration strongly recommends the approval of this agreement to the City Council. Under the proposed agreement, Chester Products will employ Plastall, Inc.,.to repair and repaint the pool. This will involve sandblasting in the areas which the City maintains should be treated in this manner and repainting all areas which have failed. The paint job will therefore include the customary touch-up work which would normally be a City maintenance responsibility. Plastall will also warrant the paint job to the City for one year. In exchange for this, the City will release the funds of Chester Products which it has been holding and will also release Chester Products from all further responsibility concerning the paint job on the pool. This means in effect that we will rely on Plastall's warranty for the future. Apparently everyone recognizes Plastall as the outstanding paint contractor for swimming pools, and we ,feel that their warranty is satisfactory. Recommendation: Administration recommends that the City Council approve the proposed agreement between the City, Chester Products and Plastall, Inc., and authorize the City Manager and City Clerk to execute the agreement on behalf of the City. Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adopt the recommendation of the administration. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Computer Settlement with Larimer County Approved Following is the City Manager's memorandum on this item: "On Friday, September 16, 1977, representatives of the City and Larimer County met with the express purpose of resolving the computer contract issue. The following agreement was reached and is presented for your approval. Larimer County will pay the City of Fort Collins the sum of $10,245 for the City's 20% share of the PDP-10, an 8-line communication group, and a rebate of a $1,750 billing error. This figure represents an equitable compromise for both agencies and was arrived at in the following manner. The City's position called for the County to pay $13,860; the County offered $6,630. 150 September 20, 1977 The compromise.proposal before you take one-half of the difference between the two figures, added to the County's offer: City's request: County's offer: Difference: $13,860 - 6,630 $ 7,230 t 2 = $3,615 +6,630 $10,245 I would like to discuss this item on Tuesday, September 20, 1977, under other business." Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve the agreement and authorize the City Manager and City Clerk to execute the agreement on behalf of the City. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Report from the Interim City Manager a. Interim City Manager Lanspery presented copies of Duane Miller's Report Public Demand Survey for Parks and Recreation. b. A citizen summary of the 1978 Recommended Budget will be available outside the Council Chamber, the City Clerk's office and at the library. C. The Lake Sherwood East Subdivision Preliminary Plan will be back on the agenda on October 4, 1977. This item had been tabled by the Council and will be presented in a revised manner. d. Interim City Manager Lanspery presented copies of the Bond Rating Report from Moodys on the City's AA rating. Report from City Council Members on Committees a. Councilman Bowling reported the COG will have its annual retreat this coming week -end in Estes Park. b. Councilman Suinn reported on the meeting of the 1041 Commit- tee, which had interviewed three firms to serve as consul- tants for the 1041 plan. Councilman Russell made a motion, seconded by Councilman , Wilkinson to award the contract for the 1041 plan to Briscoe, Maphis, Murray & Lamont Inc. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. 151 September 20, 1977 THE MOTION CARRIED Mayor Bloom declared the meeting adjourned until 7:15 p.m. ' Citizen Participation a. Mayor Bloom presented an award for 50,000 miles of safe driving to Dean McWilliams of the Fort Collins Police Department. b. Mr. Frank Fonfara, President of the Senior Citizens' Ecumenical GrouD spoke in opposition to allowing alcoholic beverages in the Lincoln Community Center. He then presented petitions signed by his group setting out this opposition. Mr. Earnest Woodworth and Mr. Justus Wilkinson also voiced their opposition. C. Mr. Paul Wagner, owner of the Avery Building, stated that when Council had considered this item (work session July 26, 1977) he had gone "away with the feeling that in front of the old White's garage doors, that he was allowed access to those doors. Council had informally agreed to plan "B" and he had gone away under the assumption that Council had agreed to plan "C" where the trolley car was going to be parallel with Mountain Avenue and the two trees that are located at the top of plan "C" were to have plugs that could be later planted as trees." He therefore requested he have access to these three garage doors. ' Downtown Project Engineer Joe Rosser, stated the street car that is proposed is a movable item, further when plan "B" had been approved, it was approved usin� the parameter that if a proposed use of the building (White s Store) were made, that at that time, both the tree and the street car could be moved. City Attorney March clarified tha- the street is a public right-of-way and Council could not bind future Councils on a committment for amounts of money i.e. the estimated cost of moving the trolley in the amount of $300.00. Councilman Suinn inquired of Mr, Wagner: "you are saying that you are willing to accept plan "B" provided that this document that we have (memo of September 20, 1977 included below) speaks to the movability of the tree?" Mr. Wagner responded,"yeah," then inquired into the time limit for moving the trolley and the tree. Mayor Bloom stated Council would reaffirm plan "B" with the adjustments should they become necessary. No further action was taken. 152 1 September 20, 1977 Attached herewith are the three plans for the Linden Plaza, including Plan BE approved by the City Council. In the course of the dialog, the Council in- ' formed Mr. Wagner, owner of the Avery Building, they would consider moving the streetcar and tree if the blockage by these two, of the south half of the doors, would make rental otherwise impossible. The Council then questioned Mr. Ferluga about the magnitude of the movement. The streetcar could be rotated into the Plan "C" position and the tree would simply be dug uo. The Council recommended that Mr. Ferluga obtain a price on making such an adjustment. Mr. Ferluga and Mr. Polifka are of the opinion that the tree could be dug up and the car relocated for no more than S300. d. Mayor Bloom then requested Council comment on the manner of conducting the hearing on October 4, 1977 regarding the Lincoln Community Center and where alcoholic beverages would be served. It was the consensus that all those wishing to speak on the subject will be asked to sign on a form in the custody of the City Clerk declaring whether they will speak for or against the proposal, the Mayor will then call speakers from the list and each person will be limited to three minutes. No time limit will be placed on the total discussion. Ordinance Adopted on First Reading Zoning ' the Nelson Second Annexation Following is the City Manager's memorandum on this item: "This is a parcel of 42.27 acres located on Timberline Road north of East Horsetooth Road. At the June 21, 1977, meeting the City Council voted four to two against Ordinance No. 79 that would have zoned the property I-P, Industrial Park, as originally requested by the petitioner. The Planning and Zoning Board considered zoning this site for the first time at its special August 23, 1977, meeting dealing with the South Fort Collins General Land Use Plan. The Board is recommending the R-L-P, Low Density Planne Residential District, for the north 22 acres of the site and R-H, High Density Residential District, for the south:120 acres. This Planning and Zoning recommendation has good justifications as viewed by the Planning staff and has received concurrence from the petitioner." Councilman Bowling made a motion, seconded,by Councilman Wilkinson to adopt Ordinance No. 114, 1977 on first reading. Yeas: Council - members Bloom, Bowling, St. Croix, Suinn and Wilkinson. Nays: Councilwoman Gray. (Councilman Russell out of the room.) THE MOTION CARRIED 153 Seutember 20, 1977 Ordinance Tabled Zoning the Cunningham Second Annexation ' Following is the City Manager's memorandum on this item: "The Cunningham property is 39 acres located on the northeast corner of South Shields Street and Horsetooth Road. The petitioner's requested zoning of the parcel is 24 acres of R-L-P, 10 acres of R-M-P, and 5 acres of H-B. This is consistent with the staff and the Planning and Zoning Board's recommended zoning with the major exception being the 5 acres of H-B. The petitioner is interested in receiving a zoning district on his site which would allow the construction of an indoor recreational complex including a bowling alley and an ice skating rink. Under the existing zoning ordinance, such usages are allowed only in the C-Commercial, H-B, Highway Business, B-G, General Business, and I-G, General Industrial zoning districts. The staff and Planning and Zoning Board are recommending a mix of planned residential zoning districts for this site with R-H, High Density Residential, district zoning for the Shields-Horsetooth corner to allow for non -retail commercial uses." ' Mr. Richard Elerby, petitioner, stated that he had had very little opportunity to present his plan to the Planning and Zoning Board for a recreational complex; he added that he needs 6 acres to accomplish this. Planning Director Les Kaplan stated perhaps the Council, could consider, at a work session, more flexible methods for designating zoning districts such as special review and more specific zoning district classifications. City Attorney March stated that if Council desired to accomplish what the petitioner is requesting Council could table this ordinance and refer the matter back to the administration to attempt to tie the zoning into the petitioner's proposal. This item will be readvertised when it is brought back. Councilman St. Croix made a motion, seconded by Councilman Suinn to refer this matter to the administration with the understanding that readvertising would be required. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell out of the room.) THE MOTION CARRIED 154 September 20, 1977 Hanna Subdivision, Second Filing Final Plat Approved Following is the City Manager's memorandum on this item: ' "Attached is a report from Planning concerning a 33-lot, standard single-family development on 8.5 acres of land located at the southwest corner of West Vine Drive and Shields Street. At its April 11 meeting the Planning and Zoning Board unani- mously recommended approval of the Final Plat subject to the condition that pedestrian/bikeway and low maintenance landscape treatment be shown along West Vine Drive and Shields. The applicant has agreed to the conditions and plans for low main- tenance landscape should be available prior to the September 20 Council meeting." Councilman Bowling made a motion, seconded by Councilman Russell to approve the final plat of the second filing of Hanna Subdivi- sion. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Foothills Square PUD Final Plat and Plans Approved Following is the City tanager's memorandum on this item: ' "The attached report from the Planning staff concerns final plat and plans for a commercial PUD located on the northeast corner of South College Avenue and East Horsetooth Road. Final plans are based on the preliminary plans which were approved by Council on August 2. On August 8, 1977, the Planning and Zoning Board recommended'. approval of the final plans subject to several technical revisions suggested by staff. These details are outlined in the attached memo and will be handled prior to the September 20 Council meeting." Councilman Wilkinson made a motion, seconded by Councilwoman Gray to approve the final plat and plans of the Foothills Square PUD. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 155 1 September 20, 1977 Amendment to Foothills Plaza North PUD Final Plans Approved ' Following is the City Manager's memorandum on this item: "Attached is a report from Planning concerning a proposal to amend an existing Unit Development Plan on 5 acres located at the northeast corner of South College Avenue and East Monroe Drive. This item concerns an amendment to the final site and landscape plan involving the addition of a tract north of the existing development for construction of an office complex and a revision of the shape of building envelopes. At its August 8 meetingtlhe Planning and Zoning Board recommended approval of the amendment to Foothills Plaza PUD subject to several conditions concerning internal pedestrian circulation and other minor technical revisions. These conditions are outlined in more detail in the attached report. The applicant's revised final plan conforms to the Planning and Zoning Board's conditional recommendation." Councilwoman Gray made a motion, seconded by Councilman Bowling to approve the amendment to the final plans of Foothills Plaza Russell, North PUD. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. ' THE MOTION CARRIED Riverside Commercial PUD, Phase I Final Plat and Plans Approved Following is the City Manager's memorandum on this item: "Attached is a report from Planning concerning a proposal for two commercial buildings located on Riverside Avenue southeast of Lemay, and a proposal to change building location and parking layout on Lot 1. The preliminary plan was reviewed and approved by Council on August 2. The final plans for the first phase entail development on Lots 1 and 6 of the seven lots shown on the preliminary plan. Final plans were reviewed and approved by the Planning and Zoning Board on August 8. On September 12, however, the Board considered the revision of Lot 1. The Board voted unanimously to approve the revised plan subject to several conditions which are outlined in the attached memo. In addition, Planning staff recommends two other conditions be met by the developer which concern the subdivision plats and landscape maintenance guarantee. We are meeting with the developer on Friday, September 16, to ' discuss the above conditions and will update Council regarding their resolution at the September 20 meeting. 156 September 20, 1977 Planner II Paul Deibel stated all of the conditions had been met with the exception of a shared parking agreement. ' Councilman Wilkinson declared he would withdraw from consideration or voting on this item due to a possible conflict of interest. Councilman Bowling made a motion, seconded by Councilman Russell to approve the final plat and plans for Riverside Commercial PUD, Phase I subject to an agreement stating the parking will be shared. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Suinn. Nays: None. (Councilman Wilkinson out of the room.) THE MOTION CARRIED Downtown Authority Authorized to Use Tax Increment Financing Following is the memorandum and recommendation from the City Manager and City Attorney on this item: Since the beginning of the downtown study, the tax increment method of financing has been considered one of the better alternatives for the downtown. At the time it was originally considered, the original legislation in Colorado which allowed such financing only in urban renewal districts had ' just been passed and this did not seem to fit our downtown situation. Since that time the legislature has passed another bill allowing this type of financing in connection with a downtown redevelopment authority. The City Administra- tion has continued to explore the possibilities of tax increment financing and now feels that efforts should be undertaken to utilize this method of financing in order to attempt to strengthen the downtown core area. Although the specifics of any tax increment proposal will vary from jurisdiction to jurisdiction and depending upon the type of a program involved, the essentials of'a tax increment financing scheme are as follows: The taxes on properties involved in the proposal are frozen at the current levels. The various governmental entities which share in the total tax payment continue to receive the same taxes based on the frozen level which they had received in the past. Property within the area is acquired by the City with the intent that the property be redeveloped in a manner which will enhance the downtown area. As an example, a tract might be developed as a hotel -convention complex or as a high rise apartment or as an area for new commercial buildings which would house major tenants intended to draw 157 1 O September 20, 1977 people into the downtown area. The acquisition of the ' property would be with funds acquired through the sale of tax increment bonds. These bonds would pledge the receipts from all taxes on the property in excess of the previous level of taxes. This anticipates the redevelopment of the area which would cause an increase in the total tax bill and all increase in the taxes would go to the City to. pay off the bonds. After the sale of the bonds and the acquisition of the property, the property would normally be sold to a developer under a contract requiring the construction of the improvements intended on the property and usually there would be a lease package for these improvements. The price at which the property is sold would normally be substantially below the acquisition price since the payment for the acquisi- tion would be accomplished through the tax increment bonds. This makes the property more attractive and enables it to compete with properties in the fringe area which would not normally command as high a price as properties in the downtown area. As indicated, there can be variations on this general scheme but the essentials would remain the same. Such a scheme has been very successful in other areas such as California, and apparently represents the only reasonable solution to the major problem encountered in redeveloping core areas; namely, the high cost of land acquisition because of previous development on the property. ' The City Administration recently met with representatives from Boettcher and Company and with Mr. Loring E. Harkness III, an attorney with DeMuth & Eiberger of Denver. Mr. Harkness has been involved in proposals now underway in Grand Junction involving tax increment financing, and it is anticipated that his firm will issue the bond opinions required for any tax increment bonds which might be issued in the proposed Grand Junction project. A copy of a letter from Mr. Harkness which resulted from this conference is attached. Other information which the Council desires can be provided at the Council meeting. Recommendation. Administration recommends that the City Council authorize the Administration to proceed with the necessary steps to form a downtown development authority with the intention of utilizing tax increment financing to effect desirable redevelopment in the core area. If Council takes this action, it is the intention of the Administration to work through Boettcher and Company and Mr. Harkness in forming the authority and developing a plan of development to utilize tax increment financing. 1 158 September 20, 1977 City Attorney March gave a further detailed report and responded to Council inquiries regarding the two methods which might be used. ' Councilman Wilkinson made a motion, seconded by Councilman Russell to instruct the administration to proceed with Boettcher and Company and Demuth and Eiberger to take the necessary step to form a downtown development authority with the obligations of tax increment financing. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Recommendation for Additional Reimbursement toi:EDAW/JJR For Construction Administration Approved Followingare the Project Director's memorandunson this item: "On May 23, 1977, by memo, I informed the Joint Venture of EDAW/JJR that no services should be performed and billed to the City without my express authorization. EDAW/JJR subsequently, through a series of letter and memos, requested a blanket authorization of approxi- mately $10,000 for a series of activities including visits by Clarence Roy and a staff member from Michigan at hourly rates plus expenses. They originally contemplated administration of construc- tion services in the amount of $15,000. As you know from my memo, I suggested a $5,000 limit and even within these parameters, services would be incurred only with my authorization. As of this date, EDAW/JJR has submitted billings of $2,486.98 against Construction Administration services.* Having reviewed the quality and cost of their services, I can only reiterate to the City Council my recommendation that we continue with the limitations outlined in my memo of May 23, 1977. *We understand that EDAW/JJR has accumulated an additional approxi- mate $5,000 in Construction Administration Services not yet billed to use. We attempted, with no success, to obtain a statement beyond the July 8th billing that brought us to the $2,486.98 cited above." ********************* After discussing the above captioned matter with the City Manager, I have initiated a Purchase Requisition in the amount of $5,000 to cover these services. Allow me to reiterate our understanding of April 4, 1977,"minut'e' of which were suBse2juently sent to y6u"` that all items to be charged to the City by EDAW require my prior approval. ' 159 September 20, 1977 Project Director Robert Ferluga then gave an oral report on the request not to use the services of EDAW et. al. henceforth. ' City Attorney March clarified that the administration is not recommending terminating their services, just not recommending that the City use their services any longer. Councilmembers took no formal action on this item but concurred in the recommendation. Adjournment Mayor Bloom declared the meeting adjourned at 9:10 P.M. IATTEST: C24 i r 1 160