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HomeMy WebLinkAboutMINUTES-10/24/1978-Adjourned' October 24, 1978 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Adjourned Meeting - 9:00 A.M. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, October 24, 1978 at 9:00 a.m. in the City of Fort Collins City Hall. Roll call was an- swered by the following Councilmembers: Bowling, Gray, St. Croix, Suinn and Wilkinson. Absent: Councilman Bloom. Secretary's Note: Councilman Russell arrived at 9:15 a.m. Staff Members Present: Arnold, Lanspery, Bingman, Harmon, Hays, Deagle, Bingman, Griep, Dallow, Frazier, Liley and Lewis. Mayor Suinn convened the meeting then declared it adjourned to 9:25 a.m. Consent Calendar Items 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 separately. (The purpose of this cal- endar is to allow Council to spend its time and energy on more important items.) The Consent Calendar presented was as follows: 3. SOLE SOURCE PURCHASE FOR LIBRARY COMPUTER TERMINALS. In order to automate the library system,computer terminals are necessary to connect the library to our computer system. Staff recommends a lease Purchase agreement for a sole source purchase. Staff recorminds approval. 4. OUT -OF -CITY UTILITY SERVICE REQUEST TO POUDRE PLAINS SUBDIVISION. This request for waiver is to serve the Poudre Plains Subdivision which ' consists of 22 lots located on the south side of Vine Drive, west of Taft Hill. Staff recro;Irnends approval. am 5 R October 24, 1978 UTILITY SERVICE TO PAY-N-PAK. ' Pay-N-Pak Stores is building on the east side of South College Avenue, south of Horsetooth Road. Staff recommends sewer service by the City and water service supplied by the Fort Collins -Loveland water District. Staff recommends approval. RESOLUPION ACCEPTING THE REPORT OF THE CITY ENGINEER ON STREET IMPROV24ENT DISTRICT NO. 71 AND DIRECTING THE CITY CLERK 7O GIVE NOTICE OF ASSESSMENT IN THE DISTRICT. The construction cost for this project totaled $298,278.17. Total City cost for the project is $156,636.57. This Resolution accepts the City Engineer's Report and directs notice of assessment for the curb, gutter, sidewalk and paving in this district. Staff recommends approval. No items were withdrawn from the Consent Calendar but the fol- lowing items were briefly discussed. Item No. 5 Utility Service to Pay-n-Pak Councilwoman Gray inquired if approval of this Utility Service I affects the negotiations of the 1041 Committee. City Manager Arnold stated this approval would strengthen the work of the Committee. Item No. 6 Resolution Accepting the Report of the City Engineer on Street Improvement Dis- trict No. 71 and Directing the City Clerk to Give Notice of Assessment in the Dis- trict City Manager Arnold spoke to the street width and it was deter- mined that the staff will be working with the property owners on Taft Hill Road on the parking removal. This item was reviewed again at the end of the Council meeting. Councilman Wilkinson made a motion, seconded by Councilman Rus- sell to approve all items on the Consent Calendar. Yeas: Coun- cilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkin- son. Nays; None. THE MOTION CARRIED. -79- 1 October 24, 1978 I Staff Reports to Assist the Council in Adopting the 1979 Budget Following is the City Manager's memorandum on this item: "Council has spent a considerable amount of time reviewing the 1979 Budget. We would like Council to review the attached material in order to make final recommendations and adopt the 1979 Budget." Staff recommends Council review the attached material in order to make final recommendations and adopt the 1979 Bud- get. a. Pension Financing. b. Extension of the Sales Tax Issue. C. Council Budget Questions and Recommendations. d. Parkland Fee. On item (a) Council opted to delete the $165,000 from the Pension Reserve and added this amount into Current Funding, and item (b) Council recommended the extension of the Sales Tax be placed on the ballot for the 1979 City General Election. ' City Council also elected to reduce the amount for the indoor pool/indoor ice rink from 1.8 million dollars to 1.5 million. Councilmembers also considered revising the Parkland fee sched- ule to provide for operation and maintenance. Ordinance Adopted as Amended on First Reading Relating to the Annual Appropriations for 1979 Councilman Russell made a motion, seconded by Councilman St. Croix to amend Ordinance No. 103, 1978 by changing on page one the total figure from $52,431,843 to $54,236,843, and on page two, under the heading "Special Items" subsection "Pension Con- tributions" change from $343,706 to $508,706, and under "Trans- fer", subsection "Pension Reserves" should be deleted, also on page two, under the heading "Capital Improvement Funds", sub- section "Seven -Year Capital" from $6,192,363 to $5,892,363; and under "Total Seven Year Capital Improvements that figure to change from $6,610,338 to $6,310,338. Yeas: Councilmem_bers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None,. I THE MOTION CARRIED. -80- October 24, 1978 Councilman Bowling made a motion, seconded by Councilman St. ' Croix to adopt Ordinance No. 103, 1978 as amended. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Secretary's Note: This Ordinance was reconsidered and amended then adopted as amended later in the meeting. Resolution Adopted as'Amended Adopting the 1979 Budget and Setting the Mill Levy Councilman Russell made a motion, seconded by Councilman Wil- kinson to amend the resolution in the same manner as the appro- priation Ordinance. Yeas: Councilmembers Bowling, Gray, Rus- sell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Councilman Wilkinson made a motion,, seconded by Councilman Rus- sell to adopt the resolution as amended. Yeas: Councilmembers Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. ' Secretary's Note: This resolution was reconsidered, amended and finally adopted later in the meeting. Ordinance Adopted on First Reading Establishing an Assessment Deferment Program for Single -Family and Two -Family Dwellings Located within the Downtown Improvement District No. 1 Following is the City Manager's memorandum on this item: "As per Council's request at the last meeting, we have drafted an ordinance which establishes an assessment deferment program for single- and two-family residences located within the S.I.D. assessment until such time that the property changed to commer- cial use. We believe this program is responsive to Council's concerns and recommend approval." Councilman Bowling made a motion, seconded by Councilman Wil- kinson to adopt Ordinance No. 104, 1978 on first reading_ Yeas_ Councilmembers Bowling,Gray, ----- y, Russell, St. Croix, Suinn and Wit- kinson. Nays: None. THE MOTION CARRIED. t -81- October 24, 1978 Target P.U.D. Final Plan Approved Following is the City Manager's memorandum on this item: "This is a proposal for a commercial P.U.D. on 9.8 acres zoned :i-B and located on the West side of South College, 3/4 mile south of Horsetooth Road. The final plan generally conforms with the conditions of pre- liminary approval; however, some additional minor revisions still need to be made. We believe these revisions will be com- pleted prior to the October 24 meeting. Our recommendation for approval is contingent upon the completion of those revisions." Planning and Development Director, Chuck Mabry, identified the areas in question and spoke to the following three items. Councilman Bowling made a motion, seconded by Councilwoman Gray to approve the Final Plan f_or Target P.U.D. Yeas: Councilmem- bers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. LaBelle's P.U.D. Final Plan Approved Following is the City Manager's memorandum on this item: "This is a commercial P.U.D. on a 10.3 acre lot zoned H-B. The final plan is in general conformance with the conditions of preliminary approval. There are still, however, a number of minor revisions which need to be made to the final plans. The applicant has agreed to make these revisions prior to the October 24 Council meeting. Our recommendation for approval is contingent upon those minor revisions being completed." Councilman Wilkinson made a motion, seconded by Councilwoman Gray to approve the final plan for La_Belle's P.U.D. Yeas: Council - members Bowling, Gray, Russell, St. Croix, Suinn and Tilkinson: Nays: None. THE MOTION CARRIED. r .sm October 24, 1978 Fossil Creek Commercial Plaza ' Subdivision Final Plat Approved Following is the City Manager's memorandum on this item: "This is a proposal for 6 commercial tracts on 43.2 acres zoned Ii-B and located on the west side of South College Avenue be- tween Horsetooth and Harmony Road. The preliminary plat was approved by Council in August. At that time it was called Highland Plaza Subdivision. All issues of preliminary approval were addressed on the final. We recommend approval subject to completion of the subdivision agreement." Councilman Wilkinson made a motion, seconded by Councilman Rus- sell to approve the Fossil Creek Commercial Plaza Subdivision Final Plat. Yeas: Councilmembers Bowling, Gray, Russell,, St. Croix, Suinn and Wilkinson. Nays: ""None. THE MOTION CARRIED. Larkborough Subdivision Final Plat ' Following is the City Manager's memorandum on this item: "This proposal for 273 single-family lots on 94.5 acres is zoned RLP and is located north of Harmony Road on the west side of the Colorado and Southern Railroad tracks. The final plat is in general conformance with the preliminary plat as approved by Council on August 15th. The applicant has agreed to some minor technical revisions or clarifications to be made on the final plat and utility plans. Since timing is critical to the applicant, we are recommending approval of the Final Plat subject to completion of these revi- sions and execution of the subdivision agreement." Councilman Bowling made a motion, seconded by Councilwoman Gray to approve the Larkborough Subdivision Final Plat. Yeas: Coun- cilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkin- son. Nays: None. THE MOTION CARRIED. -83- ' 1 October 24, 1978 Prospect Industrial Park Subdivision Preliminary and Final Plat Approved Subject to Submission of Subdivision Agreement Following is the City Manager's memorandum on this item: "Prospect Industrial Park is composed of 34 industrial lots on 72.9 acres zoned IG and located south of East Prospect Street and east of Timberline Road. The Final Subdivision Plat generally complies with the prelimi- nary plan approved by Council in April, 1977. This Final Plat was also approved by the Planning and Zoning Board in July, 1977. We recommend approval of the Final Subdivision Plat subject to approval of a final subdivision agreement that ties this plan into the Centerpoint Development." Councilwoman Gray made a motion, seconded by Councilman Wilkin- son to approve the Prospect Industrial Park Subdivision Prelimi- nary Final Plat, subject to approval of a final subdivision agree- ment that ties this plan into _the Cente__r_point Development. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, 3uinn and kinson. Nays: None. THE MOTION CARRIED. Resolution Adopted as Amended Adopting Certain Findings Relating to the Purposes and Fundings of the Fort Collins Development Company, a Local Development Corporation Following is the Assistant City Attorney's memorandum on this item: "The Council has requested an opinion regarding the legality of use of City monies to fund the LDC. The LDC has requested such funding to be used for the specific purpose of supplying twenty percent (20%) of the amount of the loan by LDC to an eligible small business. Article V, Section 16, of the Charter provides that the Council shall make no appropriation for "any charitable, industrial, ed- ucational, or benevolent purposes to any person, corporation, or organization not under the absolute control of the City, nor to any denominational or sectarian institution or association." This provision would, in effect, City money for any purpose which fit to the citizens of the City. prevent Council from spending is not a public purpose of bene- October 24, 1978 It would be my opinion that such an expenditure would not be ' inherently illegal, i.e. that a public purpose could be served thereby. However, because the expenditure is for a private group for the purpose of making loans to private parties, Coun- cil should by resolution make findings relating to the public purpose to be served by the expenditure." Councilwoman Gray stated she would like this approval to be tied to a contract for services. Councilman St. Croix inquired into the City's future commitment to this project. Housing Rehabilitation Director, Jim Woods, spoke to the match- ing monies coming from the Community Development Funds. Councilman Bowling made a motion, seconded by Councilwoman Gray to amend the resolution by adding the following phrase: "provided that a contract for services between the local devel- opment corporation and the City is entered into in accordance with the within resolution." Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. ' Councilman Bowling made a motion, seconded by Councilwoman Gray to adopt the resolution as amended. Yeas: Councilmembers Bowl- -_- - - --- - - ing, Gray, Russell — , St - . Croix, Suinn and —Wilkinson-7—Nays: None. Other Business Missile Silo Road Out -of -City Utility Service Request Tabled City Manager Arnold commented that in August a request from Svitak had come before the Council for the Missile Silo Road Out -of -City Utility Service. Council had voted two to two in this matter and therefore no action had been taken. -85- 1 October 24, 1978 Attorney Jim Martel, representing Svitak and the other owners, informed Council that the property owners had petitioned for rezoning with Larimer County, the Planning and Zoning Board had recommended approval of the rezoning, only if the property was served by City water. The property owners felt they had an informal commitment from the City Water Department for ser- vice; they then approached the City Water Board for a more for- mal commitment, followed by a reappearance before the County Commissioners, at which time the Commissioners tabled the item until the request could be reviewed by the City Council. The request was reviewed by the City Planning and Zoning Board and they recommended denial of the request, because they did not think the rezoning request was appropriate for the property based upon the Larimer County Land Use Plan. Subsequently, the item came before the City Council as was noted, no action was taken; therefore he is requesting a vote of the entire Council on this item. Councilmembers stated they wished to have all the background information prior to making a decision on this item. This item will again be placed on the November 21, 1978 Council agenda with attorney Martel's concurrence. Removal of Parking on Taft Hill City Manager Arnold read excerpts of the minutes of October 17, 1978 regarding this item: 'Assistant City Manager Sanfilippo noted that the administration was planning to work with the residents to help them resolve their problems and to send them notices informing them of the City's plans and inviting their input. Councilman St. Croix questioned removal of the parking to accomo- date two bike lanes. Sanfilippo responded that the intention is to remove the parking and convert Taft Hill Road to a 4-lane street and still have room for bicycle lanes on both sides. 1 -86- October 24, 1978 Bob Lee, Traffic Engineer, noted that he and his staff will be looking at bicycle lanes and paths in more detail very soon. He also noted that a thorough investigation of the parking had been done in the Taft Hill area and that he felt there would not be a terrible inconvenience to the people of the area. John Staples, 1033 Briarwood Road, spoke to the concerns of a group of parents in the Taft Hill area who have children attend- ing Blevins Jr. High. He noted that Taft Hill was the only ac- cess to Blevins from the north and that they were concerned with the safety of their children. In summary, Mayor Suinn stated that Council's general attitude is to go ahead with the removal of the parking on Taft Hill with the concern that the residents of the area have the opportunity to have some input. He noted that the emphasis should be on be- ing sensitive to the people in the area. In terms of the bike path situation, there will likely be a delay in putting the bike paths in until the residents have had the opportunity to have this input. Councilman Bowling noted that a paragraph of the proposed letter to the residents states that the parking will be removed as quickly as possible but that the City wants to work with residents to make sure their needs are taken care of. He noted that he interpreted , this to mean if anyone has a specific problem in the removal of parking, the staff will work with them to see if it can be re- solved. Councilwoman Gray stated that she wanted to make sure that the re- sident's input is accomodated. If a lot of people complain and a meeting is necessary, then there may be delays. However, she noted that she didn't expect this. Councilman Bowling suggested that a specific date for implementa- tion (perhaps 30 days) should be named in the letter to avoid having the issue drag on." Im 11 October 24, 1978 ' Council directed the staff to work with the property owners to attempt to resolve their concerns, regarding the parking removal, as quickly as possible. Executive Session Authorized Councilman Bowling made a motion, seconded by Councilman Wil- kinson to adjourn into executive session for the purpose of considering land acquisition. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted as Amended on First Reading Relating to the Annual Appropriations for 1979 Councilman Bowling made a motion, seconded by Councilman Wil- kinson to reconsider Ordinance 103, 1978, and the Resolution adopting the Budget. Yeas: Councilmembers Bowling, Gray, Rus- sell, St. Croix, Suinn and Wilkinson. Nays: None. ' THE MOTION CARRIED. City Attorney Liley informed Council that changes need to be made in the total appropriation to compensate for previous changes. Councilman Bowling made a motion, seconded by Councilwoman Gray to amend the Ordinance on the first page in Section one by chang- ing the figures $54,236,843 to $53,936,843 and the same amend- ment on page three, Grand Total Expenditures. Yeas: Council - members Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE 140TION CARRIED. Councilman Wilkinson made a motion, seconded by Councilman St. Croix to adopt Ordinance No. 103, 1978 as amended. Yeas: Coun- cilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkin- son. Nays: None. THE MOTION CARRIED. 1 -88- October 24, 1978 Resolution Adopted as Amended I Adopting the 1979 Budget and Setting the Mill Levy Councilwoman Gray made a motion, seconded by Councilman Wil- kinson to amend the resolution on page four by amending the figure $54,236,843 and substitute $53,936,843. Yeas: Coun- cilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wil- kinson. Nays: None. THE MOTION CARRIED Councilman Bowling made a motion, seconded by Councilwoman Gray to adopt the resolution as amended. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Report From City Council Members on Committees (a). Councilman Bowling requested the City have representatives at the Highway Hearing on the by-pass to be held October 25, 1978. ' (b). Councilman Bowling then reported on a Special Panel dealing with Railroad Impacts to be held in November, and requested the City have representation. (c). Councilman Bowling then reported he had received a draft copy of the Corridor Study, the meeting to review the draft will be held on Thursday, October 26, 1978 in the Platte River Power Authority Board Room. Adjournment Councilman Wilkinson made a motion, seconded by Councilman St. Croix to adjourn the meeting into an executive session on October 31, 1978 at 1:00 p.m. for the purpose of considering City Manager Evaluations. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. The meeting was adjourned at 1:30 p.m. -89- 1 J ATTEST: Ma r .m October 24, 1978