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HomeMy WebLinkAboutMINUTES-11/16/1982-RegularJ November 16, 1982 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, November 16, 1982, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Council members: Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Absent: Staff Members Present: Arnold, Krajicek, Huisjen, Denton, Lewis, Hays, C. Smith, Waido, J. Davis. Agenda Review: City Manager City Manager John Arnold noted staff was requesting Item # 20, Resolutions Transferring Fire Station Property to Poudre Fire Authority, be wit yawn from the agen a unti it cou d be presentedat a wor session on December 14. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #26, Pulled Consent Items, except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled by staff or Council. These items will be dis- cussed immediately following the Consent Calendar. 4. Consider Appr an Novem er 5. Second Readin Elections. ing the Minutes of the re r meetings of October 19 of Ordinance No. 131, 1982, Relatinq to Municipal A regular municipal election will be held on March 8, 1983. At that time, three at -large Councilmembers will be elected to serve on the City Council. -521- L" 7. D November 16, 1982 This ordinance which was unanimously adopted on First Reading on October 19, adopts a new District -Precinct Map and also sets the polling places for the 60 precincts. The Council District boundaries remain the same on this map as they were for the 1981 Council District election, since the 1983 election is for at -large Council seats. Second Reading of Ordinance No. 132, 1982 Appropriating the federal share of the Section 3 Amendment #1 and the Section 5 Grant in the rnnital Drnynrte Fun This Ordinance was unanimously adopted on First Reading on October 19 and appropriates monies relating to UMTA Section 3 and Section 5 Grants for Transfort. Second Reading of Ordinance No. 134, 1982, Appropriating Money in the EDA and Genera Fun s. This Ordinance which was unanimously adopted on First Reading on October 19 appropriates $7,259 in interest earnings in the EDA Fund and transfers the total $15,200 EDA appropriation to the General Fund for expenditure on Facilities projects in 1982. Hearing and First Reading of Ordinance No. 141, 1982, Appropriatini proceeds o the City s Bond Anticipation Notes, Series October 1 Ordinance No. 106, 1982, authorized the issuance of Bond Anticipation Notes, Series October 1, 1982, in the amount of $3,300,000 for the acquisition and construction of a public golf course. The City Council needs to appropriate the Note proceeds in the "City of Fort Collins, Colorado, Bond Anticipation Notes, Series October 1, 1982, Note Fund" to be known in the future as the Southridge Greens Golf Course Sinking Fund. The title of the Fund is being changed to provide a more descriptive name for reporting purposes. The Fund will be categorized as a Trust Fund for reporting purposes. 1 fl 9. Hearing and First Reading of Ordinance No. 142, 1982 authorizing the transfer of 5143,400 rom the Light and Power Fund to the Capita Projects Fund for landscaping of Light and Power's Substation to e incorporated in the Southside Service Center Project site improve- ments. Currently, the City is designing the site improvements for the Trans- , fort Facility and Light and Power has requested that the landscaping -522- November 16, 1982 for the future Substation be incorporated with the overall site improvements. In order to monitor the total Southside site improve- ments project we need to appropriate Light and Power's Landscaping costs in the Capital Projects Fund. The transfer of $143,400 from Light and Power for the design and construction is available in the Light and Power Fund. 10. Hearing and First Reading of Ordinance No. 143, 1982 Vacating a Uti It y Access Easement in the South Mesa Subdivision. The applicants are requesting that the existing 10-foot utility easement lying south of and adjacent to the north line of Lot 19, South Mesa Subdivision be vacated. This easement is not currently being used and there is no longer a demand for a 10-foot easement in this location. This 10-foot easement will be replaced with a new 6-foot easement as part of the application for final planned unit development for the Asamera PUD. 11. Hearing and First Reading of Ordinance No. 144, 1982, Designating the Maxwe House at 2 0 West Mu erry as an Historic Lan mar . In 1979, the Cultural Resources Board recommended historic designation for the Maxwell House at the northwest corner of Impala and Mulberry (2340 West Mulberry), and the property owners consented to the desig- nation. A decision on that recommendation was postponed because the construction of improvements in Street Improvement District No. 74 affected a stone wall on the south side of the property. The diffi- culty was worked out during the right-of-way negotiations with the property owner by moving the wall. The Board is again recommending historic designation for the Maxwell House. Anthony and Sharon Ferguson, the property owners, were in- formed early in October of the new proposal. Their original consent to designation is still in effect. The Board unanimously passed a motion at its October 27th meeting to re -submit the recommendation to City Council. 12. Resolution Authorizing the City Manager to Enter into an Agreement with Larimer County or t e Provision ot Certain Parking Spaces on Mountain Avenue and on Chestnut Street. In an effort to mitigate the parking problem in the Old Town area, Larimer County and the City of Fort Collins entered into an Inter- governmental Agreement on August 18, 1981, whereby Larimer County purchased 35 permit parking spaces on East Mountain Avenue in the center median parking area and 10 permit parking spaces on the north- west side of Chestnut Street (total of 45 spaces) at $5/space/month ' for a total cost of $2,700.00. -523- November 16, 1982 ' The new contract with Larimer County for Parking Spaces is effective from January 1, 1983, through December 31, 1983. The rate has been increased to $6/space/ month for a total income of $3,240.00. The Larimer County Commissioners have approved this rate increase. 13. Resolution Authorizing the City Manager to Enter into an Agreement wit t e umane Society. In 1982 the City of Fort Collins contracted with the Humane Society of Larimer County to provide animal shelter care and animal control enforcement as well. The proposed 1983 contract is, essentially, a repeat of 1982. There is, however, an increase of $3,000 to address increased operating expenses for animal control including pay raises, vehicle operating expenses and general inflation costs. The total annual payment to the Humane Society is now,$97,100. 14. Routine Easement. Legal staff and the affected departments have reviewed and approved the following routine easement and recommend approval: Easement for the installation the southeast corner of Drake and and maintenance of a traffic signal at Taft Hill Road, granted by Patrick ' M. and Florence C. O'Donnell. The easement is 300 square feet anais being acquired for a consideration of $207. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Second Reading of Ordinance No. 131, 1982, Relating to Municipal Elections. Item #6. Second Reading of Ordinance No. 132 1982 Appropriating the reoeral share of the Section 3 Amendment #1 and the Section Grant in the Capita Projects Fund. Item #7. Second Reading of Ordinance No. 134, 1982, Appropriating Money in t e EDA an Genera Fun s. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #8. Hearin and First Reading of Ordinance No. 141, 1982, A propri- ating procee s o the ,ty s Bon nticipation Notes, eries October 1, 1962. -524- November 16, 1982 Item #9. Hearing and First Reading of Ordinance No. 142, 1982 authorizing the transfer o 143,4 rom the Lig t an Power Fun to t e Udplt.al Projects Fund tor landscaping of Light and Power's .Substation to be incorporated in the Sout side Service Center Project site improvements. Item #10. Hearing and First Reading of Ordinance No. 143, 1982 Vacating a Utility Access Easement in the South Mesa Subdivision. Item #11. Hearing and First Reading of Ordinance No. 144, 1982, Designating the Maxwe House at 3 West Mulberry as an Historic Lan mar . Councilmember Reeves made a motion, seconded by Councilmember Elliott, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. THE MOTION CARRIED. Resolution and Ordinance Establishing Financing and Awarding Contracts for Special Improvement District No. 77 - Boardwalk and Landings Drive Adopted Following is the staff's memorandum on this item: "On November 9, these items were tabled to this meeting. At the September Council meetings, the Council established Special Improvement District No. 77 to construct the street and utilities on Boardwalk Drive and Landings Drive in the South College Properties area. In order to begin construction the Council is requested to take the following actions in the order listed. A. Hearing and Final Reading of Emergency Ordinance No. 135, 1982 Providing for Appropriation of Anticipated Proceeds from the Sale of Bonds in the Capital Projects Fund. B. Resolution Awarding the Construction Contract to Sterling Paving Company, the Lowest Qualified Bidder. SUMMARY OF COSTS The summary of costs has been revised from the Engineer's estimate based on the actual bid amounts. -525- November 16, 1982 TOTAL CONSTRUCTION COSTS $593,607.10 OTHER PROJECT COSTS a) Administration 5,000.00 b) Legal 15,000.00 c) Engineering (design & construction services) 123,230.00 d) Repay of ROW costs to Osprey and Petersen 86,560.00 e) Interest during construction 39,357.00 f) Collection and certification 10,196.00 $279,343.00 TOTAL PROJECT COSTS $872,950.10 CITY DIRECT COSTS Water line oversizing $ 22,948.80 Engineering (from Street Oversizing Fund) 18,978.00 'CITY INDIRECT COSTS $ 41,926.80 Street Oversizing $ 91,777.00 TOTAL CITY COSTS $133,703.80 Appropriation of Anticipated Bond Proceeds It is requested that the Appropriation Ordinance be heard as an Emergency Ordinance due to approaching winter weather conditions and the subsequent reduction of available construction time; and because an appropriation must be in existence before the City may incur a liability for construction costs. According to the City Charter, Council may appropriate funds based on anticipated bond proceeds. Staff believes this request is justified due to the potential added costs to the contractor or the district property owners if early winter conditions delay the contract award. Staff has received a letter of guarantee from Osprey adequately securing. the City's liability to award the construction before final hearing on sale of bonds. The amount to be appropriated will be based upon the lowest bid received for construction. -526- 1 F1 November 16, 1982 Award of Construction Contract Bids for this work were received on October 15. Since this is an im- provement district, the City Council must award the bid formally. The total construction phase budget is $579,659. This amount is intended to cover construction of the street improvements, storm drains, bridges, railroad crossings and relocation of utilities. The low bid for the construction work was $593,607.10 by Sterling Paving Company, Inc. Although this exceeds the engineer's estimate, it is less than the 5% increase allowed in the Code for Local Improvement Districts. No errors or irregularities were found during the staff review of the low bid, the staff recommends that the bid be awarded to the low bidder." Councilmembers Cassell and Reeves asked the record to show they did not participate in the discussion or vote on this item. Assistant Mayor Knezovich chaired this portion of the meeting. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt the Ordinance No. 135, 1982 as an emergency ordinance. City Engineer Tom flays summarized the project, noting it had been initiated by the property owners. He added the property owners were still in support of the district and that bids had been taken on the project. He asked the appropriation ordinance be adopted as an emergency ordinance so work can begin as soon as possible. The vote on Councilmember Clarke's motion to adopt Ordinance No. 135, 1982, as an emergency ordinance was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, and Wilmarth. Nays: None. (Councilmembers Cassell and Reeves withdrawn). THE MOTION CARRIED. Councilmember Elliott made a motion, seconded by Councilmember Clarke, to adopt the Resolution awarding the construction contract to Sterling Paving Company. City Engineer Hays stated 8 bids had been received on October 14 with the low bid being from Sterling Paving for the sum of $593,607.10. -527- November 16, 1982 ' The vote on Councilmember Elliott's motion to adopt the Resolution was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, and Wilmarth. Nays: None. (Councilmembers Cassell and Reeves withdrawn). THE MOTION CARRIED. Public Hearing and First Reading of Ordinance Assessing Costs for Sidewalk Improvement District #8, West Side of Shields Street from Bennett Road to Prospect Road Following is the staff's memorandum on this item: "On October 5, 1982 City Council accepted the improvements on Shields Street and the report of, the project costs from the Directors of Public Works and Finance. In addition Council set the date to receive comments from the property owners being assessed for November 16." Councilmember Elliott made a motion, seconded by Councilmember Knezovich, to adopt Ordinance No. 145, 1982, on First Reading. ' City Engineer Hays explained that this was a City project to install sidewalks along Shields from Prospect to Bennett Road. The City's cost for the project was $56,955 and the assessed portion was $4,391 or $8.80 per front foot. The vote on Councilmember Elliott's motion to adopt the Ordinance was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Annexing Property Known as Harmony No. 5 Annexation, Adopted on First Readinq Following is staff's memorandum on this item: "This is a request to annex 11.2-acres, located at the northeast corner of the Hewlett-Packard site. Present zoning is FA-1, Farming. The sur- rounding zoning and land uses are as follows: , -528- November 16, 1982 North: FA-1, Farming; existing residences; South: FA-1, Farming; vacant; East: FA-1, Farming; existing residences; West: I-L „ Limited Industrial; Hewlett-Packard. Discussion Policy 17 of the Land Use Policies Plan states that: The City will establish annexation criteria through which it will consider annexation proposals. With the adoption of the Intergovernmental Agreement, the following annexa- tion criteria and policies for the Urban Growth Area have been established: a The City of Fort Collins agrees to annex all property within the unincorporated area of the Urban Growth Area as soon as said property becomes eligible for annexation. The City agrees to consider for annexation any land which quali- fies for voluntary annexation pursuant to State law. The Harmony #5 Annexation request is eligible for annexation since it meets the contiguity requirement and is a voluntary annexation. Staff Recommendation Staff recommends approval of the Harmony #5 Annexation. Planning and Zoning Board Recommendation The Planning and Zoning Board recommends• approval of the Harmony #5 Annex- ation on a vote of 7-0 (Case No. 69-82)." Councilmember Reeves made a motion, seconded by Councilmember Elliott, to adopt the Ordinance No. 146, 1982 on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Zoning Property Known as Harmony No. 5 Annexation, Adopted as Amended on First Reading I Following is staff's memorandum on this item: -529- November 16, 1982 ' "This is a request to zone 11.2-acres located at the northeast corner of the Hewlett-Packard site. The applicant is requesting I-L, Limited Indus- trial zoning. The site is presently zoned FA-1, Farming, in the County. Discussion Policy 60 of the Land Use Policies Plan states that: Industrial uses should locate near transportation facilities that offer the required access to the industry but will not be allowed to create demands which exceed the capacity of the existing and future transportation network of the City. Policy 61 states that: Industrial development should locate within the City or consis- tent with the phasing plan for the Urban Growth Area, where the proper sizing of facilities such as water, sewer and transpor- tation has occurred or is planned. The site would have access to Harmony Road via Hewlett-Packard. Utilities are available to the site. Limited Industrial zoning requires site plan review and approval by the ' Director of Planning and Development for all permitted uses. Staff Recommendation Staff recommends approval of the Harmony #5 I-L zoning request. Planning and Zoning Board Recommendation The Planning and Zoning Board recommends approval on a vote of 7-0 (Case No. 69-82) of the Harmony #5 I-L zoning subject to the site being developed as a PUD." Councilmember Reeves made a motion, seconded by Councilmember Elliott, to adopt the Ordinance No. 147, 1982 on First Reading. Chief Planner Ken Waido explained the staff and the Planning and Zoning Board were recommending approval of the applicant's request for I-L zoning but the Planning and Zoning Board conditioned their approval subject to the site being developed as a PUD. He added there was an administratively approved site plan under the regulations of the I-L zone. Staff under- stands no additional buildings will be placed on the 11.2 acre site and the property will probably be used for expansion of parking facilities on the site. Access would come from internal circulation on the H-P site. -530- November 16, 1982 Councilmember Reeves made a motion, seconded by Councilmember Clarke, to amend the Ordinance to include the condition that the I-L zoning be granted subject to the site being developed as a PUD. The vote on Councilmember Reeves original motion to adopt Ordinance No. 147, 1982, as amended by her second motion was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Appropriating the additional $40,748 in the UMTA Section 8 Grant Fund, Adopted on Second Reading Following is the staff's memorandum on this item: "This ordinance was adopted by a 6-1 vote on October 19 and appropriates $40,748 in the UMTA Section 8 Grant Fund for Transfort related studies." Councilmember Elliott made a motion, seconded by Councilmember Reeves, to adopt Ordinance No. 133, 1982 on Second Reading. Councilmember Knezovich expressed his opposition to taking federal monies when the federal government has so little money to spend and the federal deficit continues to grow. The vote on Councilmember Elliott's motion to adopt Ordinance No. 133, 1982, on Second Reading was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Reeves, and Wil- marth. Nays: Councilmember Knezovich. THE MOTION CARRIED. Resolution Adopted Authorizing the Execution of the Section 5 Operatinq Assistance Grant Following is the staff's memorandum on this item: -531- 1 November 16, 1982 "In August 1982, TRANSFORT applied for a grant in the amount of $204,541 from Section 5 of the Urban Mass Transportation Act of 1964, as amended to provide operating assistance for Calendar Year 1982. On September 28 notification of a grant award in the maximum amount of $157,325 was received. This grant covers eligible transit operating expenses for the period of January 1 through December 31, 1982 as defined below: DESCRIPTION AMOUNT (1) Total Operating Expense per $630,588 1982 Budget (2) Less Ineligible Section 5 Expenses 175,087 (3) Eligible Transit Operating Expenses 455,502 (4) Less Revenues Not Includable as 140,850 Local Share (5) Net Project Cost 314,651 (6) Local Share 157,326 (7) UMTA Operating Assistance 157,325 A 50%-50% Federal/Local match is required on all Section 5 Operating Grants. TRANSFORT's local share will be provided by the 1982 operating budget and the general fund subsidy will be reduced by the amount of assistance. Staff recommends approval of this resolution." Councilmember Elliott made a motion, seconded by Councilmember Clarke, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Reeves, and Wilmarth. Nays: Councilmember Knezovich. THE MOTION CARRIED. City Attorney's Report City Attorney Huisjen stated a petition for referendum had been presented to the City Clerk. The petition contained approximately 1;059 signatures protesting the going into effect of Ordinance No. 113, 1982, providing for the imposition of an additional 3/40 retail sales and use tax to be effec- -532- I November 16, 1982 tive December 1, 1982. He added the petition met the Charter requirements for a referendum but had not yet been certified by the City Clerk. He stated he hoped the signatures would be verified prior to the November 23 meeting. If the signatures are sufficient for a referendum,staff will include an ordinance repealing Ordinance No. 113, 1982 and the alternative, an ordinance calling for the submission of Ordinance No. 113, 1982, to the voters at the next regular election on March 8, 1983. City Manager's Report City Manager Arnold stated staff had been reviewing the impact of the sales tax referendum on the budget and would be making a presentation on a contingency plan at the November 23 work session at 4:00 p.m. He reviewed the schedule for the release and consideration of the Anheuser- Busch agreement. He stated the document would be available to the public for review on November 29 and would be considered by the Council on De- cember 7th. Citizen Participation A. Proclamation Designating November 21-28, 1982 as "National Bible Week" was forwarded to the appropriate persons. The following persons spoke during the Citizen Participation portion of the meeting: I. Justus Wilkinson, P. O.-Box 140, supported "National Bible Week" proclamation and opposed A-B plant. 2. Gloria Bockman, 3708 Post Road, LaPorte, opposed out of city residents library user fees. 3. Ken Betchel, 10529 N. County Rd. 15, Waverly, opposed library users fees. 4. Douglas Bockman, 1005 U.S. Hwy. 287 North, opposed library user fees. 5. Richard Brewster, 5504 W. County Road 52 E, Bellvue, opposed library user fees. 6. Christine Jones, 1221 Remington, opposed library user fees. 7. Bruce Brown, 425 N. Whitcomb, opposed "National Bible Week" proclama- tion and opposed A-B because it is water intensive. -533- November 16, 1982 ' 8. L. F. Banowetz, 12 Forest Hills Lane, suggested those opposed to library user fees should contact County Commissioners for additional funds. 9. Marty Thompson, 3709 Post Road, LaPorte, opposed library user fees. Councilmember Horak stated he would like to have an opportunity to review the material presented and further discuss the library issue at work session. Public Hearing and First Reading of Ordinance Assessing Costs for Street Improvement District #74, West Mulberry Street from Crestmore Place to 300' West of Tyler Avenue Following is the staff's memorandum on this item: "On October 5, 1982 City Council accepted the improvements on West Mulberry and the report of project costs from the Directors of Public Works and Finance. In addition Council set the date to receive comments from the property owners being assessed for November 16. As a part of the Public Works Director's report the Council approved a staff recommendation for the ' reduction of the assessment rate for loss of on -street parking. This reduction in the assessment rate will lower the rate from $33.47 per front foot to $29.12 per front foot. The reduction will neccessitate the trans- fer of $35,862.81 from the Streets Minor Capital fund to the Improvement District account." Councilmember Knezovich made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 148, 1982 on First Reading. Mayor Cassell noted correspondence opposing the assessment had been re- ceived from Mr. & Mrs. Jess W. Johnson and that a response had been drafted to them. Kathleen Baltz, 2416 W. Mulberry, objected to the assessment and asked for a reduction in the assessments. Bob Moore, 2305 W. Mulberry, stated he felt persons who live on major arterials should not pay any more than those who live on residential streets. The vote on Councilmember Knezovich's motion to adopt Ordinance No. 148, 1982, on First Reading was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. I -534- n November 16, 1982 Nays: None. THE MOTION CARRIED. Ordinance Transferring $35,863 from Streets Minor Capital to Street Improvement District #74, Adopted on First Reading Following is the staff's memoradnum on this item: "On October 5, 1982, City Council approved Resolution 82-130 accepting improvements in Street Improvement District #74 ordering the notice of assessments to be published and providing for parking credits. As outlined in the October 5th Background Summary, the cost of the parking credits is $35,863 and is available in Streets Minor Capital. The attached Ordinance authorizes the transfer of $35,863 from Streets Minor Capital to Street Improvement District #74. If these funds are not transferred, the District #74 project will exceed authorized appropria- tions. NOTE: If any additional credits are given to the property owners, thereby increasing the City's share of the costs, additional funds will need to be transferred." Councilmember Elliott made a motion, seconded by Councilmember Reeves, to adopt Ordinance No. 149, 1982 on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Annexing Property Known as Carpenter/McAleer Annexation, Adopted on First Reading Following is the staff's memorandum on this item: "This is a request to annex 101.6-acres, located at the northeast corner of Lemay Avenue and Vine Drive. Present zoning is FA-1, Farming. The sur- rounding zoning and land uses are as follows: North South East West FA-1, Farming; vacant R-L, I -Industrial; Anderson residences) R-1, Residential; vacant Place Subdivision, (existing R-L; R-L-P; Alta Vista Subdivision, (existing residences) -535- 1 November 16, 1982 Discussion Policy 17 of the Land Use Policies Plan states that: The City will establish annexation criteria through which it will consider annexation proposals. With the adoption of the Intergovernmental Agreement, the following annex- ation criteria and policies for the Urban Growth Area have been estab- lished: The City of Fort Collins agrees to annex all property within the unincorporated area of the Urban Growth Area as soon as said property becomes eligible for annexation. The City agrees to consider for annexation any annexation peti- tion for undeveloped land which qualifies for voluntary annexa- tion pursuant to State law. Policy 40: The City should promote the utilization of existing ' vacant land in the northeast by offering incentives such as utility and infrastructure provisions or revenue bonds and tax increment financing. Policy 41: The City should encourage residential development in The northeast, particularly giving special consideration to the undeveloped industrially zoned land in the area adjacent to the existing residential neighborhoods. Policy 42: The City shall promote the active annexation of areas tome north and northeast when such annexations promote an orderly development pattern. The Carpenter/McAleer Annexation request is eligible for annexation since it meets the contiguity requirement and is a voluntary annexation. Staff Recommendation Staff recommends approval of the Carpenter/McAleer Annexation. Planning and Zoning Board Recommendation The Planning and Zoning Board recommended approval of the Carpenter/ McAleer Annexation on a vote of 6-1 (Case No. 66-82)." ' -536- INovember 16, 1982 Councilmember Wilmarth asked the record to show he did not vote or par- ticipate in the discussion on this item. Councilmember Knezovich made a motion, seconded by Councilmember Reeves, to adopt Ordinance No. 150, 1982 on First Reading. L. F. "Yank" Banowetz, 12 Forest Hills Lane, asked that this annexation and zoning be tabled until December since at the Planning and Zoning meeting the opinion had been expressed that the matter would not come before Council until December. He noted his group would like more time to prepare adequately on the issue. Don Parsons, representing the applicant, noted his client would prefer to proceed with the development as soon as possible and that a month would make a difference in terms of developing the project. He requested the item be considered at this meeting. Delores Williams, 1520 Hillside Drive, questioned the zoning of the pro- perty because of its proximity to the airport, the proposed Lemay bypass and the Fort Collins expressway. Director of Planning and Development Curt Smith noted there were two questions before Council - the annexation and the zoning. He noted state statute required a property be zoned within 90 days of its annexation and suggested Council might want to consider going ahead with the annexation and consider the zoning at such time the neighborhood residents have been given time to prepare their arguments. This would give the petitioner the indication the property would be annexed and still address the concerns of the residents. He added that one of the U.G.A. stipulations is that this property should be annexed when eligible if the U.G.A. agreement is to be upheld. The vote on Councilmember Knezovich's motion to adopt Ordinance No. 150, 1982, on First Reading was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich and Reeves. Nays: None (Councilmember Wilmarth withdrawn). THE MOTION CARRIED. Ordinance Zoning Property Known as Carpenter/McAleer —_ Annexation, Tabled to December 21 I Following is the staff's memorandum on this item: -537- November 16, 1982 "This is a request to zone 101.6-acres located at the northeast corner of ' Lemay Avenue and Vine Drive. The applicant is requesting M-M, Medium Density Mobile Home zoning. The area is presently zoned FA-1, Farming in the County. Discussion Policy 80 of the Land Use Policies Plan states that higher density resi- dential uses shouldlocate: a. Near the core area, regional/community shopping centers, CSU main campus, or the hospital; b. Within close proximity to community or neighborhood park facili- ties; c. Where water and sewer facilities can be adequately provided; d. Within easy access to major employment centers; e. With access to public transportation; and f. In areas with provisions for alternative modes of transportation. The site is within one -mile of downtown, Buckingham Park, and the Fort I Collins Business Center/Community Airpark employment center. Utilities are existing in the area. Transfort service is available at the corner of Lemay and Vine Drive. The M-M district permits any use in the R-M, Medium Density Residential District (ie., single-family, multiple -family), as well as mobile home parks. There are several constraints that will impact any future development of this site. The Lemay Avenue and Fort Collins expressway locations would bisect the site. The Dry Creek Floodway also impacts the site. Therefore, future development of the site might best be accommmodated through the Planned Unit Development review process. Staff Recommendation Staff recommends approval of the Carpenter/McAleer M-M zoning subject to the site being developed as a PUD. Planning and Zoning Board Recommendation The Planning and Zoning Board recommended denial of the M-M zoning on a 5-2 vote. The Board's recommendation for R-L-P zoning was approved on a 6-1 vote." -538- 1 1 November 16, 1982 Councilmember Clarke made a motion, seconded by Councilmember Knezovich, to adopt Ordinance No. 151, 1982 on First Reading. Councilmember Knezovich made a motion, seconded by Councilmember Horak, to table Ordinance No. 151, 1982 until December 21. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich and Reeves. Nays: None (Wil- marth withdrawn). THE MOTION CARRIED. Other Business Councilmember Wilmarth read in full a Resolution he had drafted calling for the resignation of Councilmember Reeves on December 1, 1982, rather than January 1, 1983. He stated the purpose of the Resolution was to give Councilmember Reeves an idea of other Councilmember's feelings on the issue. Councilmember Wilmarth made a motion, seconded by Councilmember Clarke to adopt Resolution 82-163 as previously read. Councilmember Knezovich asked if this matter could legally be discussed in an Executive Session. City Attorney Huisjen concluded it would be proper to do so. Councilmember Knezovich made a motion to adjourn into Executive Session to discuss legal and personnel matters. The motion died for lack of a second. Councilmember Wilmarth stressed the Resolution was advisory in nature and not in the form of any mandatory action. Councilmember Reeves could still do as she pleased. Councilmember Reeves stated she felt that during her campaign she had not acted in a partisan way in terms of Council business and that she did not intend to act in such a way from now until she becomes a member of the legislature in January. She added she had considered resigning earlier but would like to do it in a timely fashion because of the large number of items coming up including the A-B agreement. She stated she would resign the end of December rather than the beginning. Councilmember Horak asked the City Attorney if the Charter contained a ' definition of non -partisan. -539- November 16, 1982 City Attorney Huisjen replied there was not. He noted the Charter con- tained a provision under "Acceptance of Nomination", whereby Councilmembers swear they will not directly or indirectly be a candidate of any political party. This is the only reference to political activities contained in the Charter. Councilmember Horak stated he did not see any prohibition against someone who has been elected but has not officially taken office, continuing as a Councilmember. Mayor Cassell stated this was not an attempt to censor Councilmember Reeves but to expedite the appointment of a replacement who could effec- tively serve the amount of time prior to the March 8 election. John Straayer, 944 Pioneer, stated he found the timing of this Resolution and the intensity of concern with regard to partisan/non-partisan very curious. He added he felt it would be more appropriate to adopt a Resolu- tion congratulating Councilmember Reeves on her victory and thanking her for her years of public service. The vote on Councilmember Wilmarth's motion to adopt Resolution 82-163 was as follows: Yeas: Councilmembers Clarke, Knezovich, Cassell and Wilmarth. Nays: Councilmembers Horak, Elliott and Reeves. THE MOTION CARRIED. Councilmember Knezovich asked the City Attorney to investigate the possi- bility of Council interviewing candidates for Councilmember Reeves' seat prior to the actual date of her resignation. He felt this might speed the transition. Adjournment Councilmember Knezovich made a motion, seconded by Councilmember Wilmarth, to adjourn the meeting to 5:30 p.m. on November 23. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. The meeting adjourned at 9:40 p.m. Mayor ATTEST: YYI.X City C er I 11 -540-