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HomeMy WebLinkAboutMINUTES-03/04/1980-RegularMarch 4, 1980 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Regular Meeting - 5:30 P.M. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, March 4, 1980, at 5:30 P.M. in the Council Chambers in the City of Fort Collins City Hall, Roll Call was answered by the following Councilmembers: Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Absent: None Staff Members Present: Arnold, Ruggiero, Lewis, Krempel, Lansperv, Mabrv. C. Smith, Wood and Lee. Agenda Review: City Manager City Manager John Arnold requested that Council be adjourned to March 11, rather than March 25, because action might be required on a Platte River Agreement. He requested that item #37, Second Reading of Ordinance No. 19, 1980, Creating Storm Sewer Improvement District #17, be heard ahead of item #36, Public Hearing on the Northwest Quadrant Traffic Study and City Trans- portation Plan, due to time constraints of the participants. City Manager Arnold also requested that Second Reading of Ordinance No. 29, 1980 be added to the Consent Agenda as item 16a. The City Manager indicated he had two items of other business. Consent Calendar: These are items of a routine or non -controversial nature, on which a unanimous vote of approval is expected. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered sepa- rately. (The purpose of this calendar is to allow Council to spend its time and energy on more important items.) -46- March 4, 1980 The Consent Calendar presented was as follows: 8. Consider approval of the Minutes of the Regular meeting of February 19, 1980. ' 9. Second Reading of two Ordinances to the Property Tax/Utility Refund a. ina of Ordinan 106 of Code as it relates to Property lax Kerunas Tor the tlaerly ana nanal- b. Second Readinq of Ordinance No. 18, 1980, amending Chapter 113 of the Code as it relates to Utility Refunds for the Elderly and Handi- capped. These two Ordinances were unanimously adopted on First Reading on February 19th and would implement changes in the income and eligibility criteria for parti- cipation in the City's Property Tax/Utility Refund Program. 10. Second Reading of Ordinance No. 22, 1980, vacating a six foot utility easement located on the west side of Banyan Drive. This Ordinance was unanimously adopted on First Reading on February 19th and is a request to vacate a six foot utility easement located on the west side of Banyan Drive. 11. Second Reading of Ordinance No. 23, 1980, changing the zoning classification Tor certain property known as the Wagon Wheel Rezoning. This Ordinance was adopted on First Reading by a 4 3 vote on February 19th and is a request to rezone a 20.037 acre parcel of land from R-L-P to R-P, and located in the Wagon Wheel Subdivision. 12. Second Reading of Ordinance No. 24, 1980, relating to permit fees. This Ordinance was adopted on First Reading by a 6-1 vote on February 19th and is = proposal to incre,-.se building permA fees and 'o use the incor.� generated to add building inspection staff. 13. Second Readinq of Ordinance No. 25, 1980, re -appropriating funds for 1979 This Ordinance was unanimously adopted on First Reading on February 19th and would reappropriate 1979 appropriations that have lapsed. 14. Second Readingof Ordinance No. 26, 1980, appropriating funds for the Compleeon ofthe Equipment Repair Facility. This Ordinance was adopted unanimously on First Reading on February 19th and would appropriate a short term loan from the Water Fund to the Equipment Fund for the completion of the Equipment Repair Facility. 15. Second Reading of Ordinance No. 27, 1980, appropriating funds from prior ' seat Reserves in Seven —wear Cap'i'EaT—for e cons ruction of the Residential Fire ration. -47- March 4, 1980 This Ordinance was adopted unanimously on First Reading on February 19th ' and would appropriate $32,380 for the construction of the Residential Fire Station. 16. Second Reading of Ordinance No. 28, 1980, creating a Capital Projects This Ordinance was adopted unanimously on First Reading on February 19th and would establish the Capital Projects Fund and authorizes the amount to be transferred from each fund for construction of 1980 projects in the Project Management/Control System. 17. Second Reading of Ordinance No. 174 1979 relating to conversions from This Ordinance was adopted by a 5-2 vote on First Reading on February 19th and would establish a procedure for the review of any conversion of a residential to a non-residential land use and for the demolition of any residential land use located in the R-H zone. 18. Second Reading of Ordinance No. 176, 1979, relating to zoning and concernin off-street parking requirements. This Ordinance was adopted on a 6-1 vote on First Reading on February 19th and would simplify and reduce government regulations pertaining to develop- ment and relates to parking requirements. ' 19. Canvass of February 26th Special Election. Council needs to accept this Canvass of the February 26th Special Election. 20. Resolution changing the name of RCD Drive to Colboard Drive. This is a City initiated request to change the name of RCD Drive, located in the RCD Master Plan Area, to Colboard Drive. 21. Resolution Annrnv nn Historic Old Town Design Contract. This is a request for approval of EDAW, Inc. as the Historic Old Town Planning Committee's choice to provide design services for improvements in the public right-of-way in Historic Old Town. 22. Resolution approrinn Revenue Sharing Agency Contracts for 1980. This Resolution approves 1980 funding out of revenue sharing for various agencies, based on recommendations from the Larimer Human.Resource Board. 23. Report on Modifications to the Urban Growth agreement with Larimer County. This item is a report on revisions to the Urban Growth Area agreement with Larimer County approved by Council Resolution on February 19th. 7 March 4, 1980 2":. Resolution Authorizin4 Intergovernmental Agreement relating to Tour of the_ Claude Kipnis Mime Theatre. ' This Resolution authorizes the City to enter into an intergovernmental agreement with other Cities setting out obligations in connection with a tour by the Claude Kipnis Mime Theatre being sponsored by the City -of Fort Collins. The following items were withdrawn from the Consent Calendar: Item #21, Resolution Approvinq Historic Old Town Design Contract. Item #22, Resolution Approvinq Revenue Sharing Agency Contracts for 1980. Item #24, Resolution Authorizing Intergovernmental Agreement relating Ordinances on Second Reading were read by Title by City Clerk, Verna Lewis: Item #9a, Ordinance No. 17, 1980. Item #9b, Ordinance No. 18, 1980. Item #10, Ordinance No. 22, 1980. Item #11, Ordinance No. 23, 1980. Item #12, Ordinance No. 24, 1980. Item #13, Ordinance No. 25, 1980. Item #14, Ordinance No. 26, 1980. Item #15, Ordinance No. 27, 1980. Item #16, Ordinance No. 28, 1980. Item #16a, Other Business, Ordinance No. 29, 1980. Item #17, Ordinance No. 174, 1979. Item #18, Ordinance No. 176, 1979. 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. Resolution Adopted Approving Historic Old Town Design Contract Following is the City Manager's memorandum on this item: "In September, 1979, Council approved a Community Development Block Grant project of $189,500 for improvements in the public right-of-way in Historic Old Town (HOT). The project apprrovel was based upon recommendations and concepts developed and presented by the Historic Old Town Planning Committee, representing the merchants and property owners. in HOT. Subsequent to Council approval, requests for proposals were solicited from design firms to provide a design for the improvements andi seven firms were interviewed by the HOT Planning Committee. The HOT Planing Committee selected and recommends for approval the firm of EDAW, Inc. as their choice to provide design services. -49- March 4, 1980 After considerable discussion between representatives of EDAW and the City staff, a contract to provide such services has been agreed upon in conformance with the Capital Project Management Control System. The agreed upon fee is a fixed fee of $27,450 including aTT expenses. Staff recommends approval.✓ Councilwoman Gray stated she had received a telephone call regarding this item and requested clarification regarding the hearing held on Monday, March 3, 1980 on the Old Town. Chuck Mabry, Director of Planning and Development, reported on the hearing and the comments received at the meeting. Mr. Ray Giles, member of the Historic Old Town Planning•Committee, expressed two concerns: 1. The funds for demolition and removal were not in the original plan; and 2. That added cost occurred due to the Davis/Bacon Act. Mr. Giles informed Council that Old Town Merchants could not provide the funds they indicated that they would at the inception. City Manager Arnold responded that the planning is ongoing; the City is the custodian of the federal funds and must enter into the contract. Councilwoman Gray made a motion, seconded by Councilwoman Reeves to ' adopt the resolution. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Resolution Adopted Approving Revenue Sharing Agency Contracts for 1980. Following is the City Manager's memorandum on this item: "The proposed 1980 Revenue Sharing Agency Contracts are based on the Larimer Human Resource Board funding recommendations and the agency objectives for 1980. Attached for Council review is page 2 of the Larimer Human Resource Board 1980 recommendations which summarize the amounts recommended for 1980 as compared to the amounts appropriated in 1979. Also in- cluded is the staff summary of the agencies 1980 accomplishments and 1980 objectives. -50- March 4, 1980 The complete text of Larimer Human Resource Board Funding Recommendations for 1980 will be sent under separate cover. The City's adopted 1980 budget provides $95,128 for this purpose and I this allocates 100% of those funds." Councilwoman Reeves asked to be excused as she is a member of one of the Boards. Councilman Wilmarth inquired about the funding for Colorado Rural Legal Services, since the Larimer County Bar Association provides free ser- vices to this cause. The administration will report on a possible duplication of services. Councilman Wilkinson made a motion, seconded by Councilman Kross to adopt the Resolution. YEAS: Councilmembers Bowling, Gray, Kross, St. Croix, Wilkinson and Wilmarth. NAYS: None (Councilwoman Reeves was out of the room.) THE MOTION CARRIED. Resolution Adopted Authorizing Intergovernmental Agreement Relating to Tour of the Claude Kipnis Mime Theatre. Following is the City Manager's memorandum on this item: "The City of Fort Collins is sponsoring a tour by the Claude Kipnis Mime Theatre under a $5,700 grant from the National Endowment for the Arts. Performances are scheduled in Arvada, Pueblo, Greeley and Cheyenne. Each City has agreed to pay the City of Fort Collins $2,300 for each performance by the Mime Theatre. The attached Resolution approves the intergovernmental agreement setting out the obligations of each City. Council needs to approve this agreement by Resolution because of the Charter requirement that intergovernmental agreements must be approved in this manner." Councilman Wilkinson requested clarification regarding the funding for this project. City Manager John Arnold responded by outlining the contracting agency function of the City of Fort Collins. Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adopt the Resolution. -51- March 4, 1980 ' YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. RCD Phase 1, Final Approved: Following is the City Manager's memorandum on this item: "This is a final proposal for a P.U.D. on .46 acres consisting of a 4,085.square foot Midas Muffler Shop, located north of the Prime Minister Restaurant, south of Dicks Datsun and immediately west of College Avenue, zoned H-B, Highway Business. The R.C.D. Master Plan and the preliminary P.U.D., Phase 1, were approved by the Planning and Zoning Board on January 7, 1980 and approved by City Council on February 5, 1980. The conditions recom- mended at the time of preliminary proposal have been addressed and are reflective in this final P.U.D. Staff recommends approval of the R.C.D., P.U.D., Phase 1, Final." Mayor Bowling requested he be excused, as he had a conflict. Councilman St. Croix made a motion, seconded by Councilman Wilkinson ' to approve the R.C.D. Phase 1, Final. YEAS: Councilmembers Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. (Mayor Bowling out of room.) THE MOTION CARRIED. Resort from the Human Relations Commission regarding selection of members of City Boards and Commissions Received. Following is the City Manager's memorandum on this item: "At the December llth work session, the Human Relations Commission dis- cussed Council's policies regarding Boards and Commissions appointments. At that time Council directed the Human Relations Commission to review the current procedures and come back with recommendations and suggestions. Those recommendations and findings are included for Council review." -52- March 4, 1980 Following is the memorandum of Human Relations Commission on this item: ' In accordance with the charge received from you at the conclusion of our meeting on December 11, 1979, we offer the following suggestions regarding selection of members of city boards and commissions. A subcommittee of our commission consisting of Barbara Jerman, Mary Ontiveros and Paul Thayer has worked hard to prepare these recommendations and we hope you will find them useful. The underlying philosophy governing the committee's deliberations is stated below: Boards and Commissions for the City of Fort Collins advise the City Council in the formulation of policy and provide increased communications with the public. Because of their importance in this regard, Boards and Commissions should be broadly representative of the community in terms of expertise, interest and cultural diversity. To assist us in our deliberations comment was solicited at a special meeting of all board and commission chairmen on January 7 at our regular meeting on January 10 and at the Hispanos Unidos meeting on February 6. As a result of these meetings and many hours of work by the committee we offer the following items for your consideration- 1. A revised application form. 2. A 112 page completely voluntary form to be returned to the Human Relations Commission Chairman on the receipt of t e a lication for compilation of a continuous profile of t ose who apply. 3. A description of the nature and functions of the HRC as an example of a page to be prepared for each board or commission for distribution to applicants. 4. .A selection criteria rating sheet to assist in the selection process. This new procedure is based on our thinking (which we hope is consistent with yours) that board or commission members need three basic qualifications: (a) interest, (b) appropriate background (expertise), and (c) minimal qualifications (commitment). The first item listed is a measure of the goal of broad representation. We recognize that City Council members have many demands on their time and imposition of the rating sheet may be an excessive new demand. Therefore, we reconmend you consider asking each board and commission to rate their applicants with the full understanding that final selection is and will remain your responsibility. I -53- March 4, 1980 The final enclosure deals with our suggestions for publicity, ' outreach and training. This recommendation is directly aimed at the twin goals of increasing representation on city boards and commissions and increasing understanding of and commitment to the purposes of each board or commission by those selected to serve:' Mr. Bob Zimdahl presented the report. Mayor Charles Bowling thanked the members of the Commission and re- quested more time to discuss this report in depth at a future work session. Councilman Wilkinson made a motion, seconded by Councilwoman Gray to accept the Report and set the matter for an April Work Session. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Ordinance Denied relating to the Grain Elevator Properties site. Following is the City Manager's memorandum on this item: ' '�This Ordinance was first considered by the Council at its, October 2, 1979 meeting. It has been tabled since this time pending a recommendation from the Parking Commission. Also, an appraisal on the Grain Elevator Property was conducted by Jerry Moore during this period. The Staff is recommending that the Ordinance be defeated because the terms of the proposed lease and option would need to be renegotiated at this time. We would like Council direction to: 1. Pursue a lease and option to purchase the site. 2. Pursue a one-year lease for a portion of the property (to provide 40-45 spaces for parking) with some purchase option clause. 3. Discontinue any further negotiations for the lease or purchase of the property. The Parking Lummission has recommended option #2. The Staff prefers option fl. As previously discussed, the site is 38,000 square feet located at 157 North Mason Street. In its present unimproved state, about 40-45 parking spaces could be provided immediately. If improved as a surface lot,about 100-125 spaces could be developed at an estimated minimum cost of $150,000. Mr. Moore's appraisal concluded the market value of the Grain Elevator Property ' exclusive of demolition costs to be $288,000. A copy of the appraisal is on file with the City Clerk. -54- March 4, 1980 City Manager John Arnold reiterated the recommendations for denial of ' the Ordinance and approval of Option No. 1. Councilman St. Croix made a motion, seconded by Councilwoman Gray to deny Ordinance No. 132, 1979 on First Reading. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves that staff be instructed to immediately pursue a lease option and purchase of this site under Option 1. YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: Councilman Kross. THE MOTION CARRIED. Ordinance Adopted as Amended on First Reading Zoning the Werner Annexation. Following is the City Manager's memorandum on this item: 'This Ordinance was tabled on First Reading on December 4th, to January 8, 1980, to coincide with the public hearing and is a request to zone the 48 acre Werner Annexation. At the January meeting, several questions were raised by a property owner. This Ordinance was tabled until solutions could be studied. Since the January 8, 1980, City Council meeting, there have been several meetings with the concerned property owner. The "T" Transition zoning district was amended. The property owner has submitted expansion plans for the present use in the proposed area being considered for "T" zoning. Request The zoning requested on this annexation is as follows: RMP 18 + acres RP 2; + acres T 4.7 + acres In accordance with the amended "T" zoning district, the property owner has submitted an expansion plan (attached) which must be acted upon by the City Council. 1 -55- March 4, 1980 Major Issues (Zoning) I. The request would yield the following: T @ 0 0 RP @ 12 DU/acre 354 RMP @ 20 DU/acre 374 728 Total (maximum) 2. There is a need for variation of housing styles and types to break up the expanse of the single-family subdivisions to the north and the west. Additional density may be appropriate for this corner. 3. The proposed expansion plans conform to the intent of the "T" zoning district." Councilmembers considered the R-P, Planned Residential, versus the R-M-P Medium Density Planned Residential, Density units per acre. Councilman Wilkinson made a motion, seconded by Councilman Kross to adopt Ordinance No. 30, 1980 on First Reading. YEAS: Councilmen Bowl.ing, Kross and Wilkinson. NAYS: Councilmembers Gray, Reeves, St. Croix and Wilmarth. THE MOTION FAILED. Councilman St. Croix made a motion, seconded by Councilwoman Reeves to amend the Ordinance by deleting the R-M-P, Medium Density Planned Residen- ' tial zoning and adding that portion to the R-P Planned Residential Zone. YEAS: Councilmembers Gray, Reeves, St. Croix and Wilmarth. NAYS: Councilmembers Bowling, Kross and Wilkinson. THE MOTION CARRIED.. Councilman Gray made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 30, 1980 on First Reasing as amended. YEAS: Councilmembers Gray, Reeves, St. Croix and Wilmarth. NAYS: Councilmen Bowling, Kross and Wilkinson. THE MOTION CARRIED. Assistant City Attorney Ruggiero requested Council also approve the expansion requested by the property owner in the "T" zoning district. Councilwoman Reeves made a motion, seconded by Councilwoman Gray to approve the expansion. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson ' and Wilmarth. NAYS: None. THE MOTION CARRIED. -56- March 4, 1980 Ordinance Tabled on Second Reading Annexing Property known as the Werner Annexation. Following is the City Manager's memorandum on this item: "This Ordinance was adopted on First Reading on January 8th and needs to be tabled until April 1 to coincide with the Second Reading of the zoning Ordinance which appears as the previous agenda item." Councilman Wilkinson made a motion, seconded by Councilwoman Gray to Table Second Reading of Ordinance No.2, 1980 to April 1, 1980. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Citizen Participation a. Mayor Bowling called upon Mr. Robert Moninger, Northern Division Manager of the Public Service Company, to present a check in the amount of $171,889.63 for a franchise payment to the City. b. A Proclamation for Census Awareness Month was read and received by Mr. Tom Chagolla, District Manager of the Regional Census Bureau. He received the Proclamation and stressed the importance of the 1 1980 Census. c. Mr. Rick Hersh, Co -Director of C.S.U. Environmental Group, presented recommendations for the City's Energy Conservation Program. City Manager's Report a. City Manager Arnold reported that the Jim Stewart Building had been offered for sale to the City. The recommendation from the Administration is to decline this offer. b. The City Manager reported that the Staff will bring a discussion on Goals to the Council on March 25, 1980. c. The City Manager then requested guidance regarding the recently imposed EPA sanctions on Federal funding for the City. Councilmembers indicated they would attempt to meet with the EPA and the State Legislature as soon as possible on this topic. -57- March 4, 1980 ' d. City Manager John Arnold reported that meetings with the City's Congressional Delegation on Revenue Sharing has been scheduled in Washington D.C. in conjunction with the National League of Cities Congressional Cities Conference. e. City Manager Arnold reported that June 1 has been set as the date to complete paving of the DMA lot. f. City Manager Arnold reported that March 6, 1980 has been set for the hearing on the expressway at Cache La Poudre Elementary School in LaPorte. g. City Manager Arnold then called Council's attention to a letter from the Larimer County Farm Bureau requesting support for the Grey Mountain Idlewild Dams Project. He recommended this request first be referred to the Water Board for recommendation. Council referred this matter to the Water Board for recommendation. h. City Manager Arnold called Council's attention to a letter from Mr. Robert Finley regarding a special computer run of the Feb. 26, 1980 ballots. Mayor Bowling stated normal procedure is for any group to request the information from the County and pay for the costs themselves. Council concurred in this procedure. I i. City Manager Arnold commended the Fire Department and the Light and Power Department for their efforts in handling the gas pipe line breakage. F1 Public Hearing on the Northwest Quadrant Traffic Study and City Transportation Plan. Following is the City Manager's memorandum on this item: "The City's agreement with the Division of Highways requires that a public hearing be held after the Transportation Study for the North- west Quadrant was completed. The findings of this study will be pre- sented to Council in conjunction with the preliminary draft of the transportation plan for Council's review and comment. The function street network and cross sections are included for review at this time. Attachment I shows the functional street network for Fort Collins, identifying major arterials, arterials and major collector streets. Attachments II through VII show the proposed cross sections for the designated street network." Mr. Richard D. Bauman, of Transplan Associates, presented the preliminary findings and slides of various areas in the study area, which was con- ducted in order to reduce congestion and improve air quality. SM March 4, 1980 Mrs. Jacklyn Reed, (no address given), and Mrs. Delores Williams, ' 1520 Hillside Drive, inquired into the intent of the Parkway and the possible extension of the City's street grid system east and west. Mayor Bowling stated these questions will be noted and answered at the Public Hearing to be held March 6, 1980 at the Cache La Elementary School in LaPorte. Action Creating Storm Sewer Improvement District #17. Following is the City Manager's memorandum on this item: "Ordinance No. 19, 1980, creating Storm Sewer Improvement District No. 17 was tabled to this date from February 19th. Staff has been working on a number of proposals to finalize the creation of this improvement district. A packet of information accompanied by a memorandum from the City Attorney will be forwarded under separate cover." Assistant City Attorney, Don Deagle, reviewed the "origins of the request for this district", and specifically the need to put the pro- ject out to bid, which would protect the City from law suits and allow the project to be bid this season. He then distributed an action sheet which outlines the steps Council needs to take to allow the project to proceed. 1. Motion directing the City Managpr to utilize the emergency 1 MUing provision of City Code j2-63 to put the improvements of Storm Sewer Improvement District No. 17 out to bid, with bids to be received within two weeks of today's date. 2. Motion to approve amendments to Ordinance No. 32, which ordinance provides for a repay agreement. 3. Motion to approve Ordinance No. 32 as amended, as an emergency measure. 4. Motion to approve, as an emergency measure, Ordinance No. 33, wwFtcF—ordinance provides for a waiver of procedural require- ments in setting up of improvement districts. 5. Motion to approve amendments to Resolution No. 80-22, which resolution accepts the engineer's recommendations for the formation of the District. 6. Motion to approve Resolution No. 80-22 as amended. 7. Motion to approve amendments to Ordinance No. 19, which ordinance creates Storm Sewer Improvement District No. 17. -59- March 4, 1980 ' 8. Motion to approve Ordinance No. 19 on second reading as amended. 9. Motion to approve amendments to Ordinance No. 34, which ordinance authorizes the City to issue bonds in support of Improvement District No. 17. 10. Motion to approve Ordinance No. 34 on first reading as amended. Councilwoman Gray made a motion, seconded by Councilman Wilkinson to direct the City Manager to utilize the emergency bidding provision of the City Code �2-63 to put the improvements of Storm Sewer Imorovement District No. 17 out to bid, with bids to be received within two weeks of today's date. YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: Councilman Kross. THE MOTION CARRIED. Ordinance Adopted as Amended as an Emergency Measure. Councilman St. Croix made a motion, seconded by Councilman Wilkinson to amend Ordinance No. 32 as follows: To delete the phrase "by the district" in line 16 and the word "current" in line 18. Also to delete the word "current" in line 23 and replace it with the word "original". YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Councilman Wilmarth made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 32, 1980 as amended as an emergency measure. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. I March 4, 1980 Ordinance Adopted as an Emergency Measure ' Proedothe Procedural Requirement nttn ing f Improvement Districts. Councilwoman Gray made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 33, 1980 as an Emergency Measure. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Resolution Adopted as Amended Accepting the Engineers Recommendations for the Formation of the District. Councilman Wilkinson made a motion, seconded by Councilman St. Croix to amend the Resolution as follows: To delete, in Paragraph 3, the phrase, "and further, said owners were able to obtain a bid and contract from Barker Construction Company which would allow the District to be completed for an amount not to exceed Two Hundred Eighty -Five Thousand Four Hundred Fifty Dollars ($285,450.00);" and To delete, in Section 10, the phrase "That the City Clerk be, and she hereby is, directed to give notice by publication and mailing to the owners of the property to be assessed and to all interested persons generally, all as set forth in Chapter 16 of the Code of the City of Fort Collins" and replace with the phrase, "that Resolution No. 79-99 be, and it hereby is, repealed." YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Councilwoman Reeves made a motion, seconded by Councilman Kross to adopt the Resolution as amended. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. -61- March 4, 1980 ' Ordinance Adopted as Amended on Second Reading Creatin Storm Sewer Improvement District No. Councilman Kross made a motion, seconded by Councilwoman Reeves to amend Ordinance No 19, 1980 by deleting the following phrase from paragraph 5: "obtained bid from Barker Construction for the installa- tion of all other improvements to be installed within the district at a cost of $215,801.00 and have agreed to assign such bid to the City and have" and by striking in the sixth paragraph the phrase "with such construction work to be done by Barker Construction" and by deleting the following phrase in paragraph "C" of Section 4: "The bid construction for the installation of the remaining improvements in the district is hereby accepted and the construction of the improve- ments in the District in accordance with the plans and specifications and said bid is hereby authorized." YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Councilman Kross made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 19, 1980 on Second Reading as amended. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Councilman St. Croix made a motion, seconded by Councilman Wilkinson to amend Ordinance No. 34, 1980 as follows: By deleting, in Section 9, line 3, the word "manual" and replacing it with the word "Facsimile". and By deleting, in Section 9, line 4, the word "manual" and replacing it with the word "facsimile". and By deleting, in Section 9, line 11, the word "shall and replacing it with the word "may". YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. ' THE MOTION CARRIED. -62- March 4, 1980 Councilwoman Reeves made a motion, seconded by Councilman Kross to ' adopt Ordinance No. 34, 1980 as amended on First Reading. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. City Manager John Arnold requested Council approval by Motion as follows: "That to the extent that the bids that come in allow, We (the City) collect our normal percentage, less the engineering percentage on this project. Councilwoman Reeves made a motion, seconded by Councilman Wilkinson to approve the City Manager's recommendation. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Resolution Authorizing the City to exercise a right of First Refusal on purchase of three T-hangars. Following is the City Manager's memorandum on this item: "The ad hoc airport committee has approved the policy that the Cities will purchase all T-hangars offered to the Cities under our right of first refusal. The latest acquisition will bring the total T-hangars now owned by the Cities to 36 out of the existing 40 hangars." Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to adopt the Resolution. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. -63- March 4, 1980 Following is the City Manager's memorandum on this item: "It has been the intent of the City Council that to the extent possible the acquisition of the T-hangars at the airport should be paid for by revenues generated from the operation of those hangars. The attached Ordinance permits the City to borrow the money over a ten year period, thus enabling the hangars to be acquired from air- port revenues. This Ordinance is being presented as an emergency Ordinance because the City is required to exercise the right of first refusal within a 30 day period." Councilwoman Gray made a motion, seconded by Councilwoman Reeves to adopt Ordinance o.31, 1980 as an emergency Measure. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. ' THE MOTION CARRIED. Other Business a. Councilman St. Croix requested that henceforth any item which is voted on and passes by a 4 to 3 vote not be placed on the Consent Calendar. Council agreed to this request. b. Councilman Wilmarth expressed appreciation to the Mayor, Assistant Mayor and County Commissioners regarding the work done by these individuals in working out the problems regarding the assessment made against Larimer County for the Downtown Improvement District. c. City Manager John Arnold stated this Resolution would authorize the City to lease to Larimer County space at the Fort Collins Light and Power Building for storage of their emergency vehicles. City Clerk Verna Lewis read the Resolution at length. Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adopt the Resolution. -64- March 4, 1980 YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, I and Wilmarth. NAYS: None. THE MOTION CARRIED. d. Agreement with Foothills Industial Bank Authorized. Assistant City Attorney Don Deagle reported that Council, as well as the Loveland City Council,.tonight is being asked to give their consent to entering into a written agreement with the Foothills Indus- trial Bank concerning the airport. Services have continued to decline and perhaps a receivership should be considered at this time. Assistant City Attorney Deagle outlined the six elements of the agree- ment, and requested authorization to finalize the agreement and authoriza- tion for the Manager to sign the agreement on behalf of the City. Councilwoman Gray made a motion, seconded by Councilwoman Reeves to authorize the completion of the agreement and authorization for signature. Councilmembers expressed concern regarding the procedure and the possibility of default; therefore: Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adjourn into executive session for the purpose of discussing legal matters. YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix and Wilkinson. NAYS: Councilmen Kross and Wilmarth. Upon reconvening the Council meeting, Mayor Bowling put the original Motion with the following vote: YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: Kross. THE MOTION CARRIED. e. Councilman Wilkinson requested information on the Housing Authority minutes regarding Item #2 regarding the purchase of dead bolt locks for bU housing units of the Housing Authority. City Manager John Arnold will investigate. -65- March 4, 1980 f. Councilwoman Reeves inquired into the recommendation made by the Parks and Recreation Board to the City Council. City Manager Arnold will investigate this item also. Adjournment The meeting was adjourned to 1:00 P.M. on March 11, 1980. The meeting adjourned at 9:35 P.M. Ma or 0 Iff-I