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HomeMy WebLinkAboutMINUTES-05/01/1979-SpecialMay 1, 1979 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Special and Regular Meeting - 3:30 P.M. A special and regular meeting of the Council of the City of Fort Collins was held on Tuesday,May l; 1979 at 3:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Coun- cilmembers: Bowling, Gray, Kross, St. Croix, Wilkinson and Wilmarth. (Secretary's Note: Councilwoman Reeves arrived at 3:35 p.m.) Absent: None. Staff Members Present: Arnold, Hays, Phillips, Krajicek, Woods, Balok, Lee, Smith, Ruggiero, Wood, Smith, Rupel, Bingman, Lanspery, Straayer, Deagle, Mabry, Liley and Lewis. I Special Meeting Agenda Review: City Manager City Manager reported that item No. 22 (Hearing and First Reading of Ordinance No. 55, 1979, Authorizing, an Agreement with Boettcher & Co. for the Lease and Option to Purchase Certain Real Property) needed an amendment. Item No. 32 (Replat of a Part of Block 1, Thunderbird Estates, Ninth Subdivision) states in the summary that this is a pre- liminary and a final; it is only a preliminary. Item No. 35 (Setting Date of Election for Sales Tax Extension Initiative) should not be listed as an initiative as reported on the agenda. -396- May 1, 1979 (1). City Manager Arnold announced that the City has re- ceived grants from the State for the Alta Vista De- velopment, and the Overland Park purchase from the Bureau of Reclamation. (2). City Manager Arnold announced that the Video Tape Operation is in place in the Council office, for viewing items before the Planning and Zoning Board. (3). The Manager then called Council's attention to a memorandum, regarding control actions taken since the Lincoln Community Center overruns to strengthen the City's financial control and management systems. (4). City Manager Arnold then called Council's attention to a calendar of upcoming meetings and a letter from representative Ericson, regarding the State Conserva- tion Trust Fund. Council Members' Reports (1). Councilwoman Reeves reported that at the last Council of Governments meeting there had been some concern by Weld County regarding the funding for the 208 program. May 24 has been set for a meeting of City Councils and County Commissioners to discuss this issue. (2). Councilman Wilmarth reported that there appears to be a problem of litter, vandalism and other complaints, revolving around Washington's Bar & Grill. Council directed the administration to schedule a meeting with the owners of Washington's Bar & Grill and adjacent property owners to address the problems. (3). (a). Mayor Bowling reported on the scheduled meeting of June 12, 1979 to meet with the various Boards and Commissions. (b). Mayor Bowling then reported on the last Corridor Committee meeting, and requested that the admini- stration distribute a list of concerns prepared by the County Commissioners regarding the Corri- dor, that the Commissioners would like to have the Council look at. Consent Calendar 1 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 I of this calendar is to allow Council to spend its time and energy on more important items) -397- May 1, 1979 ' The Consent Calendar presented was as follows: 7. MINUTES OF THE APRIL IOTH AND APRIL 17TH REGULAR MEETINGS OF THE FORT COLLINS CITY COUNCIL. 8. SECOND READING OF ORDINANCE NO. 42, 1979, VACATING A PORTION OF FINCH STREET IN THE LARKBOROUGH SUBDIVISION. This Ordinance was passed unanimously on first reading at the April loth Council meeting. It provides for the vacation of Finch Street in the tarkborough Subdivision which has been replatted. Staff recom- mends adoption. 9. SECOND READING OF ORDINANCE NO. 43, 1979, VACATING A PORTION OF A UTILITY EASEMENT ON LOT 44, REPLAT OF THE LANDINGS FIRST FILING, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. This Ordinance passed unanimously on first reading at the April loth Council meeting. It provides for the vacation of a portion of the utility easement on Lot 44, Replat of the Landings First Filing, commonly known as 3718 Mariner Lane, Fort Collins because building has already taken place above the 10 foot wide utility easement. Staff recommends adoption. 10. SECOND READING OF ORDINANCE NO. 48, 1979, ZONING PROPERTY KNOWN AS THE ' LINDENMEIER 2ND ANNEXATION. This Ordinance passed unanimously on first reading at the April 17th Council meeting. This is a 6.66 acre parcel located on North Lemay Avenue south of East Willox Lane. Staff recommends adoption. 11. RECEIVE 1978 AUDIT. Council formerly received the 1978 Audit at the April 24th Work Session. Staff recommends Council receive the 1978 Audit. 12. SOLE SOURCE PURCHASE OF UTILICORDERS/TEL-LINK. Utilicorders are an electronic piece of equipment designed specifi- cally for utility meter reading. Staff recommends approval of the sole source purchase request to Radix Corporation. 13. SOLE SOURCE PURCHASE FOR WATER BOOSTER PUMP STATION. The Water and Sewer Department has indicated a need to provide addi- tional water pressure to the area generally bounded by Prospect, Overland Trail, Drake Road, and a line one-half mile west of Taft Hill Road. The proposed solution is to install a booster pump station to raise the water pressure to adequate levels. Staff recommends Kesler International be awarded a sole source bid. ' -398- May 1, 1979 14. RENTAL RATES FOR SURPLUS WATER FOR THE 1979 SEASON. ' Each year after the Conservancy District and the irrigation companies have established the annual assessment rates for their water, the Water Board makes a recommendation on the rental rates to be charged for the City's surplus water during that particular billing season. Staff recommends approval of the rental rates for surplus water for 1979. 15. RESOLUTION AUTHORIZING AN AGREEMENT WITH THE COLORADO STATE DEPARTMENT OF HIGHWAYS FOR MAINTENANCE OF TRAFFIC SIGNALS AND SIGNS. Colorado Statutes provide that the State shall install, operate, maintain, and control at its expense all traffic control devices on State highways within City limits. Since the State does not have the manpower to operate and maintain these control devices, the State agrees to pay the City for such maintenance. Staff recommends adop- tion. 16. DEEDS, EASEMENTS AND AGREEMENTS. The following items are brought before Council: 1. Agreement of Sale and Purchase with Robert W. Arnett and Georgia Louise Arnett for a one acre parcel of property for the Poudre Trails System. ' 2. A Ditch Crossing Agreement with the Arthur Irriga- tion Company.to permit the construction of an electrical duct bank to accomodate future 30 750 KCM circuit under the Ditch Company's ditch on the north side of Oak Street. 3. An Easement Agreement from the Colorado Northern Conservancy District for the use of their ditch right-of-way which traverses the base of the Foothills from Dixon Reservoir to LaPorte Avenue. Staff recommends Council authorize the City Attorney to prepare such agreements and also authorize City Manager and City Clerk to execute the same. 17. WOODLANDS P.U.D., PHASE 1, FINAL. This is a final plan proposal for a 125 unit single-family P.U.D. on 33 acres zoned "R-L-P," located at South Shields and Harmony Road. Staff recommends approval. 18. WEST ELIZABETH - TAFT HILL P.U.D., FINAL. This is a proposal for a 4-lot commercial P.U.D. on 1.85 acres zoned "B-P," located at West Elizabeth and South Taft Hill Road. Staff I recommends approval. -399- May 1, 1979 ' The ordinances presented for adoption on second reading were read by title by City Clerk Verna Lewis as follows: Item No. 8 Second Reading of Ordinance No. 42, 1979, Vacating a Portion of Finch Street in the Larkborough Subdivision. Item No. 9 Second Reading of Ordinance No. 43, 1979, Vacating a Portion of a Utility Easement on Lot 44, Replat of the Landings First Filing, City of Fort Collins, County of Larimer, State of Colorado. Item No. 10 Second Reading of Ordinance No. 48, 1979, Zoning Property Known as the Lindenmeier 2nd Annexation. Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to adopt and approve all items on the Consent Calendar. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on Second Reading Amending the Zoning Ordinance Relating to Signs Following is the City Manager's memorandum on this item: "This Ordinance passed favorably on first reading at the April 17th Council meeting. On March 20th, Council approved major amendments to the Sign Code. Further review by James Gionfriddo, Zoning Administrator, in- dicated six minor changes which involved wording. Staff recommends adoption." Councilwoman Gray made a motion, seconded by Councilman Kross, to adopt Ordinance No. 46, 1979. Yeas: Councilmembers Bowl- ing, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. THE MOTION CARRIED. -400- May 1, 1979 Ordinance Adopted on First Reading ' Vacating a Portion of an Utility Ease- ment on Lot 30, North Shore P.U.D. Following is the City Manager's memorandum on this item "This Ordinance provides for the vacation of portion of the utility easement on Lot 30, North Shore P.U.D. The request is the result of the difference between the re- quirement of a 5' building setback and a 6' public utility easement. There are no facilities within this easement. Staff recommends approval." Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 53, 1979, on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Amending the Code and Increasing the Docket Fees for the filing of an Appeal with ' the Building Board of Appeals Following is the City Manager's memorandum on this item: "Presently, our Code states that a docket fee a person pays for filing an application to the Building Board of Appeals for a variance or interpretation is $10. This fee has been in effect since 1971. Staff is recommending an increase of the docket fee to $25 if the appeal is to be heard at a regular meeting and $35 if a special meeting needs to be called. These new rates are re- presentative of the amount of time generally spent in preparing for an appeal and just cover our hard costs. We have increased the fee for special meetings because of the additional costs associated with special meetings. Bill Waldo and Staff have detailed the actual costs experienced lately. They show as follows: Staff Individual Time Spent Cost Chief Building Official 2 hours $24.00 Building Inspection Secretary 45 minutes 3.65 -401- ' May 1, 1979 ' Permit Coordinator 30 minutes 3.55 Plans Examiner 15 minutes 2.15 Total Hard Cost Per Appeal $33.35 The above costs would apply to special meetings except that the Secretary spends twice as much time coordinating with the Board Members to establish a meeting time to assure that there will at least be a quorum present and coordinating the latter with available space to conduct the hearing. As already stated, the above costs are hard costs. Quite often, individual building inspectors are involved which are additional costs. This proposed increase has been presented to the Board, and they are in full agreement. Staff recommends approval." Councilmembers expressed concern for fixing true costs to this ordinance. Councilwoman Gray made a motion, seconded by Councilman Wil- kinson, to adopt Ordinance No. 54, 1979, on first reading ' with the understanding that this ordinance will be reviewed and amended to reflect true costs. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: Councilman Wilmarth. THE MOTION CARRIED. Ordinance Adopted on First Reading Authorizing an Agreement with Boettcher & Co. for the Lease and Option Purchase Certain Real Property Following is the City Manager's memorandum on this item: "On October 9, 1978, the City Council awarded the bid for the construction of the equipment repair facility to the Neenan Company and authorized Staff to obtain additional financing for the project. At that time, we thought that internal bor- rowing from our utility funds or revenue bonds were the two methods most likely to meet our needs. But we committed to financing the amount above funds available. Ron Wood has in- vestigated approaches and has found that: 1. Internal borrowing is not a good alternative because 1 -402= May 1, 1979 there is a significant gap between the interest ' rate that could be paid to finance the project and the rate of return that could be expected by the utilities. That is, we can gain more inter- est by investing utility funds than we would have to pay. 2. Bond Counsel has indicated that the issuance of revenue bonds is not a good alternative because of the source of funds utilized to pay the debt service. That is, inter -departmental transfer charges are unusual revenue bond funds. Staff has further investigated two alternative methods of financing: (1) a lease purchase agreement and (2) an annually renewable direct loan. Both methods have been reviewed by the City Attorney and are appropriate. The lease purchase proposal was received from Boettcher & Co. and includes a five-year lease with the option to pur- chase on any lease payment date by applying 100% of all lease payments previously made to the purchase price of $367,000. The lease payments include an annual rate of 7.375% on the amount financed of $367,000. The option to purchase will be exercised on or before June 1, 1984. The annually renewable direct loan proposal was received from ' United Bank of Fort Collins and consists of an annual loan of $367,000 at an interest rate of 7.5%. The City will have the option of renewing the loan at the end of each 12-month period. The loan would have to be formally renewed by Council action each year, assuming the City exercised the option to renew. The loan may not be renewed after June 1, 1984." City Attorney Liley recommended the Ordinance be amended by adding a section to read as follows: "Section 7. That title to the property set forth on Exhibit A be transferred from the City to Boettcher & Company on the date of execution of the lease agreement and thereinaf- ter such title shall be transferred as provided in such agree- ment." She then responded to Council questions regarding debt retire- ment, debt service and prepayment penalties and the language required to qualify for tax exempt interest. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to amend the Ordinance by adding Section 7. (as recited above). Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. , THE MOTION CARRIED. -403- May 1, 1979 ' Councilwoman Reeves St. Croix, to adopt made a motion, seconded by Ordinance No. 55, 1979, on Councilman first read- ing as amended. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Mayor Bowling requested that Vice -Mayor Gray chair the meet- ing at this time in order that the Finance Committee can meet with the External Auditors, and then report back to the full Council. Councilmembers Bowling, St. Croix and Wilmarth were excused. Ordinance Adopted on First Reading Authorizing a Lease Agreement for the Acquisition of Two IBM Copiers Following is the City Manager's memorandum on this item: "For the past several years, the Public Library has been using two IBM Copier II machines for both in-house and public use: At the present time, these machines are leased to the City on a per copy charge which averages $.0184 or $9,200 for 500,000 copies annually. ' Under a proposed Agreement with IBM, the City could purchase machines at an average reduced price of 46% below new copier cost. This plan would realize an approximate 10% savin s over the current rental plan or reduce the per copy cost to F 0165 or $8,250 for 500,000 copies annually. Upon completion of the three-year purchase contract, an annual service agreement would be Continued. The per copy cost after the three-year agreement would be $.0085 per copy or $4,244 for 500,000 copies annually. It is felt that this three-year lease purchase will reduce copy cost at the Library for not only the next three years but for a number of years to come. Staff recommends approval." City Manager Arnold reported on a concern expressed by Coun- cilman Kross that he was concerned about up -dating equipment as technology allows. The maintenance agreement allows this. The City Manager also addressed the cost and amortization. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 56, 1979, on first reading. Yeas: Councilmembers Gray, Kross, Reeves and Wilkinson. Nays: None. (Councilmen Bowling, St. Croix and Wilmarth out of room.) ' THE MOTION CARRIED. -404- May 1, 1979 Out -of -City Water Request ' Rejected and then Approved Following is the City Manager's memorandum on this item: "We have received a request to provide water service to six single-family dwellings on several large parcels of land. These parcels are 40-65 acres in size located north of Colo- rado Highway 14 and west of U.S. 287 (west of Ted's place). This request has been favorably considered by the Planning and Zoning Board on April 9th and by the Water Board on April 20th subject to the following four conditions: 1. No additional taps will be permitted on the lands described without the express review and consent of the Water Board, the Planning and Zoning Board, and City Council. 2. The Petitioner shall submit full and complete en- gineering analysis and plans for the water system subject to approval by City Staff. 3. The water rights in the amount of 0.85 acre feet per dwelling unit shall be provided to the City by ' the Petitioner. This would permit the average an- anual use of 276,973 gallons of water for domestic or irrigation purposes. Significant usage beyond this amount would subject the dwelling owner to the requirement of providing additional raw water rights. 4. The above Drovisions be incorporated into a legal agreement binding on all future property owners. Staff recommends approval." Vice -Mayor Gray inquired if approval had been received from the County regarding this request. Assistant City Manager Paul Lanspery stated a letter from Larry Timm, Director of Planning for Larimer County, had been received which says in effect, that they agree with the Planning and Zoning Boards recommendation and our recommendation to give these taps out. It's in conformance with their policies. Councilwoman Reeves stated she did not favor granting this re- quest because the general procedure has been to give out of City taps to areas that can eventually annex to the City: -405- ' May 1, 1979 ' Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to deny the out -of -City Water requests. Yeas: Coun- cilmembers Gray and Reeves. Nays: Councilmembers Kross and Wilkinson. (Councilmembers Bowling, St. Croix and Wilmarth out of room). THE MOTION FAILED. Vice Mayor Gray stated the motion had failed and declared that this item would be considered again when the full Coun- cil is present. (It was later considered and approved at this meeting). Downtown Parking - Foster Lumber Co. Site Following is the City Manager's memorandum on this item: "A couple of months ago, Council authorized Staff to negoti- ate with the Foster Lumber Co. site for purposes of increasing our downtown parking. An appraisal was made on the property and we offered owner Howard Jones the appraisal price of $230,000. Mr. Jones has rejected the City's offer and coun- tered with their original position of $275,000. ' Staff recommends (1) that our original offer of $230,000 stand and (2) that alternative sites be looked into." Assistant City Manager Lanspery stated Council had earlier dis- cussed this, Mr. Jones had been offered $230,000 for the site, they countered with their original proposal of $275,000. He stated further, "We'd like the recommendation to be that we would not accept the $275,000 offer and look for other type parking downtown that we discussed previously." Councilman Wilkinson made a motion, seconded by Councilman Kross, to reject the $275,000 offer from the owners of the Fos- ter Lumber Company site and that we (Council) receive from staff a comprehensive parking recommendation for the downtown area. Yeas: Councilmembers Gray, Kross, Reeves and Wilkinson. Nays: None. (Councilmembers Bowling, St. Croix and Wilmarth out of room). THE MOTION CARRIED. =406- A May 1, 1979 Parkwood East Condominiums, ' Preliminary P.U.D. Following is the City Manager's memorandum on this item: "This is a preliminary proposal for a 290 unit P.U.D. on 24.9 acres zoned "R-P," Planned Residential District, located at the corner of Creekwood and Kirkwood Drive. The applicant is Lake Sherwood Joint Venture. The Developers are requesting a preliminary P.U.D. plat approval for 250 two -bedroom units, 40 one -bedroom units, 1750 square foot community building, 15.39 acres of open space, and requi- site local streets. At their regular business meeting of April 9th, the Planning and Zoning Board recommended approval of the preliminary P.U.D. of Parkwood East Condominiums subject to the following conditions: 1. A minimum 10' emergency fire lane be provided between the northwest and southwest building clusters. 2. A temporary turn -around be provided at the east end of Stover Street. 3. Landscaping be provided in the southeast parking lot. 4. The bikeway along the east property line be revised I to the current accepted width. 5. Additional sidewalks be provided 6. The parking design be amended. The Petitioner understands and agrees to these conditions. A revised plan has been submitted which reflects these conditions. Staff recommends approval. Councilmembers inquired into the allowed density. Planning and Development Director, Chuck Mabry, indentified the area in ques- tion and spoke to the amenities in the P.U.D., relating to Open Space, and presented elevations of the proposals. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to approve the Parkwood East Condominium, Preliminary P.U.D. Yeas: Councilmembers Gray, Kross, Reeves and Wilkinson. Nays: None. (Councilmembers Bowling, St. Croix and Wilmarth out of room). THE MOTION CARRIED. -407- ' May 1, 1979 Vice -Mayor Gray declared a recess to 4:45 p.m. Contract for Independent Audit Authorized Mayor Bowling stated the Council would now go back and receive a report from the Finance Committee. Councilman St. Croix reported the Finance Committee had met with representatives of Clifton, Gunderson and Company from Denver, and they had presented a proposal for a management audit of the Seven Year Capital Fund and specifically the Lincoln Community Center and the City Hall. Mr. Robert Hammond of the firm, outlined the stages of the first two phases of the audit at a cost of $22,300, to be completed within 30 days. The third phase would be charged on a hourly rate. Councilman Wilmarth reported that Mr. Ham- mond had indicated it would be helpful to have access to the architects and contractors records from the inspection. The City will request access of these records. City Manager Arnold stated the administration would get a letter contract to Mr. Hammond probably tommorrow. ' Councilman St. Croix made a motion, seconded by Councilwoman Reeves to approve the recommendation of the Finance Committee that the City enter into an agreement/contract with Clifton, Gunderson and Company to perform phase I and II, leaving phase III open, to be completed within 30 days, and that the admini- stration be directed to encumber the money to cover the fees to come out of the Seven Year Capital Improvements Program and that it specifically allocated for this purpose. Yeas: Coun- cilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson and Wil- marth. Nays: Councilman Kross. THE MOTION CARRIED Out of City Service Request Approved City Manager Arnold read the following letter into the record: May 1, 1979 This letter is in reference to the Out -of -City Water Pe - quest by Mr. Yelek, which would involve water taps to six proposed single family lots, ranging from 40-65 acres each, located north of Colorado 14 and west of U.S. 287. This request has been re- ferred to this department for comment. The site in question is in an area which the County Land Use Plan designates as most suitable for rural development. Rural development is generally defined as non-residential, agricultural uses. However, division of the site into tracts greater than. 35 acres in size is permitted by State Statute without County review or approval. The County has no authority to deny a building permit on these large tracts provided the proposed uses are all.owed,by the existing zoning (O-Open) and requirements of the Uniform Building Code are met. Provision of six water taps to the site will therefore not result in densities greater than one unit per 35 acres unless the County subseq;•ntly.approves an exemption or subdivison on the site. By virtue of the possibility that the provision of City I water service to this area may increase development pressure in the area, the City Planning and Zoning Board's condition of approv- al should be followed. Thank you for the opportunity to comment. Sin reliv arry R. Timm T_ICP Director of Planning The City Manager then read the conditions under which approval is recommended: 1. No additional taps will be permitted on the lands described without the express review and consent of the Water Board, the Planning and Zoning Board, and City Council. 2. The Petitioner shall submit full and complete engineer- ing analysis and plans for the water system subject to approval by City Staff. -409- 1 a May 1, 1979 ' 3. The water rights in the amount of 0.85 acre feet per dwelling unit shall be provided to the City by the Petitioner. This would permit the average annual use of 276,973 gallons of water for domes- tic or irrigation purposes. Significant usage be- yond this amount would subject the dwelling owner to the requirement of providing additional raw water rights. 4. The above provisions be incorporated into a legal agreement binding on all future property owners. Councilmembers questioned if this proposal fell under the State plan, and the obligation of the City to provide for other taps. Mr. Glen Farnham representing Mr. Yelek spoke in support of the request. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to approve the Out -of -City Water Request. Yeas: Councilmembers Bowling, Kross, St. Croix, Wilkinson and Wil- marth. Nays: Councilmembers Gray and Reeves. THE MOTION CARRIED. Regular Meeting Community Development Public Hearing Mayor Bowling declared the hearing open at ,5:20 p.m. Following is the City Manager's memorandum on this item: "The Community Development Block Grant program requires two public hearings after considerable citizen involvement. Coun- cil reviewed the citizen task force recommendations as well as Staff recommendations at the first hearing held on April 17th. Council may want to follow this procedure: 1. Hear any new ideas about funding. 2. Hear any public comments about original requests. 3. Allow a brief comment from Staff. -410- 1