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HomeMy WebLinkAboutMINUTES-06/15/1982-RegularJune 15, 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, June 15, 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, and Reeves. Absent: Wilmarth Staff Members Present: Arnold, Krajicek, Huisjen, Lewis, Meitl, Waido, Bob Lee Agenda Review: City Manager City Manager Arnold noted this meeting would need to be adjourned to June 22, 1982 at 1:30 p.m. to consider a change order with Flatiron Paving for the 1982 Street Rehabilitation Program. Councilmember Knezovich asked that Item #16, Resolution Approving Bylaws for Commission on Disability, be withdrawn from the Consent.Agenda. 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 #33, 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. 8. Second Reading of Ordinance No. 75, 1982, Vacating Easements in the Rockwillow PUD. This Ordinance was unanimously adopted on First Reading on June 1st and is a request to vacate all easements in the Rockwillow PUD. -282- Administrative changes on the site plan as approved by the Planning Division required changes in the easements. The City Engineering Division has requested that the developer file an amended plat with corrected easements. They have submitted the corrected plat, which has been approved and recorded, dedicating all necessary easements. 9. Second Reading of Ordinance No. 76, 1982, Authorizing a Short-term Loan from the Sewer Fund and Appropriating these Funds in the Capital Projects Fund for the S udoe Disposal Project. This Ordinance was unanimously adopted on First Reading on June 1st. The total estimated project cost for the City of Fort Collins' sludge management project is $9,900,000 (excluding land acquisition which was a direct cost to the Sewer Fund). Financing sources for the project are a federal orant, sewer bond proceeds, and Sewer Fund fee revenue, with the design and construction of the project phased over a 6-year period from 1977 to 1984. Appropriations for the projects have also been phased. In accordance with the Capital Project Management Control System, additional funds need to be appropriated as projects are ready to move to the next phase. 10. Second Reading of Ordinance No. 77, 1982, Appropriating Funds in the Revenue Sharing Fund to be Transferred to the Capital Projects Fund for the Purchase of an Emergency Power Generator. This Ordinance was unanimously adopted on First Reading on June 1st and appropriates $30,000 in the Revenue Sharing Fund for transfer to the Capital Projects Fund for the purchase and installation of an emergency power generator for the Combined Communications Center. The installation of an emergency power generator as a back-up power source for the Combined Communications Center would help ensure uninterrupted emergency communications to meet the Center's obliga- tions and responsibilities. The anticipated cost for this project is $30,000. 11. Second Reading of Ordinance No. 78, 1982, Authorizing Transfers Between Capital Projects. This Ordinance was unanimously adopted on First Reading on June 1st and transfers funds between various capital projects. Frequently this is done to cover minor changes that were not foreseen in the original scope of the project or to more accurately reflect the actual costs of a project. Various unspecified contingencies have been established to , cover some of these extra expenses. Other transfers are from surplus -283- funds in projects or from projects which have been delayed or can- celed. The amendment to the City Charter in April, 1981, dealing with capital projects requires that these transfers be brought to the City Council for approval by passage of an appropriation ordinance. 12. Second Reading of Ordinance No. 79, 1982, Appropriating Unanticipated_ Revenue in the F.A.U.S. Grant Fund. The City of Fort Collins received federal and state approval in 1981 to use 1982-1983 Federal Aid Urban Systems (F.A.U.S.) monies totalling $476,391 for the expansion of the computerized signal system. These grant funds were to be used for engineering, material procurement, and installation of the system expansion. The City of Fort Collins has since received notification of an additional $140,000 available in F.A.U.S. funds which will be used to interconnect an additional ten intersections to the system. To date we have appropriated $416,391 of the total available grant funds. This Ordinance, which was unanimously adopted on First Reading on June ' 1st, appropriates the available balance. 13. Second Reading of Ordinance No. 80, 1982, Establishing and Appropriat- ing a Line of Credit not to Exceed $900,000 for Street Rehabilitation. This Ordinance was unanimously adopted on First Reading on June 1st. The Line of Credit authorization is to provide monies so contracts can be signed and needed street rehabilitation work begun prior to closing on the Sales and Use Tax Revenue Bonds. 14. Resolution Approving a Professional Services Agreement for 1982 Street Rehabilitation Program. Staff recommends adoption of the Resolution awarding the contract to Centennial Engineering, Inc. for a maximum fee of $25,000. 15. Resolution Determininq Membership to the Downtown Development Author - Upon the creation of the Downtown Development Authority, City Council appointed eleven members to the Board of Directors of the Downtown Development Authority. Two of those members, Karl Carson and Robert Everitt were appointed for a one-year period to expire June 30, 1982. Recently, those two individuals have advised the DDA that they do not desire reappointment as members of the Downtown Development Authority Board. The DDA then decided that membership of nine persons on the Board would be desirable. -284- 16. Resolution Approving Bylaws for Commission on Disability. The Fort Collins Commission on Disability was established by City Council through Ordinance No. 166 on November 3, 1981. The Commission began meeting in January, 1982. In compliance with the Boards and Commissions Policy Manual, the Commission on Disability has formulated the bylaws and approved them at their April, 1982 Commission meeting. The Commission on Disability is now bringing their bylaws before City Council for their approval and adoption. 17. Resolution Authorizing the Board of County County to Issue Revenue Bonds to Provide Adec Facilities for Low and Middle Income Families. Commissioners of Larimer uate Residential Housing Larimer County is again planning to issue Single -Family Mortgage Revenue Bonds, which will result in approximately $6MM in lendable funds. As in the 1981 issue, these funds will be made available through local participating lenders to first-time homebuyers (as required by law). Due to economies of scale and the rules under which Single -Family Mortgage Revenue Bonds are issued, it is financially advantageous to have a Countywide Bond issue. In order to issue these Bonds on the County level, Council must give the County the authority to issue the Bonds on the City's behalf. 18. Resolution Approving a Temporary Use Permit with the.Northern Colorado Water Conservancy District for 3 Acre -Foot Units of,CBT Water. From time to time Northern Colorado Water Conservancy District (NCWCD) water is turned over to the City of Fort Collins for satisfaction of water rights requirements. Wayne Schrader is transferring three units of NCWCD water to satisfy requirements on the Schrader Commercial PUD. To accomplish the transfer, the Conservancy District requires that a Temporary Use Permit be approved by an appropriate resolution from the City Council. Periodically, all NCWCD water owned and used under a Temporary Use Permit is converted to use under a permanent contract. P 19. Resolution Revising 1982 Rental Rate for Surplus Pleasant Valley and Lake Canal Water. This Resolution would adjust the rental rate from $120 per share to $80 per share. ' -285- 20 Acceptance of Certification of Downtown Devel Election Held June 1, 1982. Authority Bond As required by the Charter, the Election Board has canvassed the returns of the June 1st Downtown Development Authority Bond Election. The ballot issue was approved by a margin of slightly more than 5 to 1. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item # 8. Second Reading of Ordinance No. 75, 1982, Vacating Easements in the Rockwillow PUD. Item # 9. Second Reading of Ordinance No. 76, 1982, Authorizing a Short- term Loan from the Sewer Fund and Appropriating these Funds in the Capital Projects Fund for the Sludge Disposal Project. Item # 10. Second Reading of Ordinance No. 77, 1982, Appropriating Funds in the Revenue Sharing Fund to be Transferred to the Capital Projects Fund for the Purchase of an Emergency Power Generator. ' Item # 11. Second Reading of Ordinance No. 78, 1982, Authorizing Transfers Between Capital Projects. Item # 12. Second Reading of Ordinance No. 79, 1982, Appropriating Unan- ticipated Revenue in the F.A.U.S. Grant Fund. Item # 13. Second Reading of Ordinance No. 80, 1982, -Establishing and Appropriating a Line of Credit not to Exceed $900,000 for Street Rehabi itation. 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, and Reeves. Nays: None. THE MOTION CARRIED. Resolution Approving Bylaws for Commission on Disability. Adopted Following is the staff s memorandum on this item: "The Fort Collins Commission on Disability was established by City Council through Ordinance No. 166 on November 3, 1981. The Commission began meeting in January, 1982. IN. I� In compliance with the Boards and Commissions Policy Manual, the Commission on Disability has formulated the attached bylaws and approved them at their April, 1982 Commission meeting. The Commission on Disability is now bringing their bylaws before City Council for their approval and adoption." Councilmember Elliott made a motion, seconded by Councilmember Reeves, to adopt the Resolution. Councilmember Knezovich called Council's attention to the section of the by-laws dealing with the Executive Committee. He stated he felt the member -at -large should be selected by the entire Commission rather than the Chairperson as the by-laws now state. Councilmember Knezovich made a motion, seconded by Councilmember Reeves to amend the by-laws to read that the member at large be elected by the individual members of the Commission on Disability. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: None. THE MOTION CARRIED. ' The vote on Councilmember Elliott's original motion as amended was as follows. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: None. Ordinance Revising Street Encroachment and Obstruction Application Fees as Established in Sections 95-16 and 95-17 of the Code of the City of Fort Collins, Adopted on First Readi Following is the staff's memorandum on this item: "The fees for street encroachment and obstruction were established and adopted by the Council of the City of,Fort Collins on November 24 ,1965, and the application fee was set at $1. The permit allowed for street obstruction, encroachment and occupation for 90 days with an extension for additional ninety -day periods upon written application and payment of a renewal fee of one dollar. The permits often allowed occupation of 3-4 parking spaces in the downtown area for this $1 fee. With the establishment of a Parking Commission, a review of the parking needs in the downtown area resulted in several parking changes. A fee permit parking program was established. Current fee per month for the permit parking is $8.00 in the established lots. I -287- The $1 application fee does not cover costs of handling the street en- croachment and obstruction permits and allows the occupation of several prime parking spaces in the downtown area. The $1 fee is not in line with current fees charged for parking. The proposed fees are more appropriate and will confine the use of the street encroachment and obstruction permits to higher priority items. This proposed ordinance change was reviewed by the Parking Commission on Friday, June 4, 1982. Their recommendation and staff's proposed recommen- dation for the fee structure were presented at Council work session on June 8. Since the metered and time -limit parking is of the highest priority for parking, those fees are on a graduated scale. Recommended fee schedule: 1. Metered and time -limit parking - graduated Space 2, $15.00; Space 3, $20.00; with $5 additional space per month. 2. Unrestricted parking areas: $5.00 per space charge of $10.00. scale: Space 1, $10.00; increments added to each per month with a minimum ' 3. Single parking space: $1.00 per space per day with a minimum charge of $10.00. 4. Minimum charge on all permits: $10.00 per month. The fees for this permit would become a revenue for the Parking Fund. This money could be designated toward capital projects designed to pro- vide additional parking lots in the downtown area. Staff recommends approval of this Ordinance revision." Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 68, 1982 on First Reading. Councilmember Knezovich complimented staff on putting together a memorandum and ordinance addressing the concerns Council expressed at the previous meeting. The vote on Councilmember Clarke's motion to adopt Ordinance No. 68, 1982, on First Reading was as follows. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: None. Ordinance Annexing Property Known as Harbor Walk Two, Adopted on Second Readino Following is the staff's memorandum on this item: "This Ordinance was adopted on First Reading on May 18 by a 5-0 vote and is a request for annexation of a 0.35-ac parcel located on the south side of Warren Lake. The parcel is immediately adjacent to a 9.9-ac parcel which was annexed to the City in May 1981, known as the Harbor Walk Annexation. The Ordinance was tabled to this date at the June 1st meeting." Councilmember Reeves asked the record to show she did not participate in the discussion or vote on either the annexation or zoning of Harbor Walk Two. City Attorney Huisjen noted the ownership question had been resolved by an attorney's certification on the plat. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 69, 1982, on Second Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: None. Ordinance Zoning Property Known as Harbor Walk Two, Adopted on Second Reading Following is the staff's memorandum on this item: "This Ordinance was adopted on First Reading on May 18 by a 5-0 vote and is a request for annexation of a 0.35-ac parcel located on the south side of Warren Lake, known as the Harbor Walk Two Annexation. The area is present- ly zoned FA-1 Farming. The Ordinance was tabled to this date at the June 1st meeting." Councilmember Elliott made a motion, seconded by Councilmember Cassell, to adopt Ordinance No. 70, 1982, on Second Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: None. THE MOTION CARRIED. Resolution Authorizing the Sale of Unit 4, Corner Church Condominiums, Adopted Following is the staff's memorandum on this item: "On March 9, 1982, the Council approved a course of action whereby the City would acquire the interest of Home Federal Savings and Loan Association of the Rockies in the Corner Church Condominiums which were constructed by Stanley L. Klemetson through funding in part made available through the Grants Administration Office of the City. This approved course of action further involved the retirement of the Home Federal Construction Loan as well as an additional loan made by the Grants Administration Office to complete the construction of the condominiums. Upon retirement of these loans, the City received a Warranty Deed from Stanley L. Klemetson con- veying the three remaining unsold condominium units to the City in fee simple. This course of action has been followed and the condominiums are presently held in the name of the City of Fort Collins. The Grants Administration Office has been embarking upon a campaign to market the remaining two condominium units at a price which will compensate the City for all funds which the City has invested in these units. An advertisement was placed in the Coloradoan for one week. Advertising has also been by word of mouth and through realtors. On April 20, 1982, the Council authorized the sale of Unit 1 of the Corner Church Condominiums at a purchase price of $50,000. A Purchaser has now been found for Unit 4 which is a two -bedroom, above ground unit at a purchase price of $48,000 and an agreement for the sale and purchase of real estate has been executed between the purchasers and ' the City contingent upon Council approval of said sale. As was discussed with the Council in work sessions and at an executive session, the City has attempted to develop a financing package which will encourage the purchase of these units by low income families who intend to reside on the premises. Accordingly, the City is offering a financing package involving down payments of 5%, with the balance to be financed over a period of thirty years at the rate of 5% per annum. This package further requires that the units be owner -occupied and that the Deeds of Trust securing the loans contain "due on sale" clauses. At the above stated purchase price, and with the described financing package, Debra J. Hansen and Gary M. Elgenson have agreed to purchase Unit 4 of the Corner Church Condominiums and the staff would recommend approval of this purchase. Since the June 1 meeting when two Resolutions appeared on the Agenda to authorize the purchase of both Units 4 and 6, Christine Staruch has submit- ted a letter withdrawing her application to purchase Unit 6, Corner Church Condominiums. A copy of her withdrawal letter is attached. Arrangements have been made to return her $500 earnest money. Additional information regarding income guidelines and means of advertising these units has been included for Council information." Councilmember Clarke made a motion, seconded by Councilmember Reeves, to adopt the Resolution. e Councilmember Knezovich asked about the "due on sale" clause in the agree- ment for sale and purchase of this unit. -290- -1J City Attorney Huisjen replied that the deed of trust carried language stating there is a due on sale clause in the event the property in trans- ferred or not owner occupied. The vote on Councilmember Clarke's motion to adopt the Resolution was as follows. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: None. THE MOTION CARRIED. City Attorney's Report City Attorney Huisjen noted he had established a residence within the City of Fort Collins as required by City Charter and his contract. City Manager's Report City Manager Arnold recognized Police Chief Ralph Smith on his appointment to the Governor's Task Force on Drunk Driving. Mayor Cassell noted that Councilmember Clarke had also been appointed to I that Task Force. Councilmembers' Reports Councilmember Reeves reported on the final meeting of the CML Policy Committee and noted the policy changes being considered. She added the Policy Committee would not be taking stands on any of the proposed ballot initiatives until it has been determined what issues will appear on the ballot. The Board will then decide whether the CML should take a position on any of the initiatives. Councilmember Elliott invited the Councilmembers to the Poudre Fire Au- thority meeitng on June 22. He added that the new ladder truck would be outside during the dinner break and suggested everyone inspect this piece of equipment. Councilmember Horak reported on a meeting with the Northern Districts that he and Mayor Cassell had attended and noted they had discussed the water utility services that might be required if Anheuser-Busch located in Fort Collins. He noted the Poudre Advisory Committee had met to deal with the down study I in Poudre Canyon and the consultant has narrowed the alternatives from 12 to 6. An interim report and public hearings will follow. -291- Councilmember Knezovich reported on the airport authority concept being considered by both cities. He asked for a joint work session in July to discuss the issue. Mayor Cassell congratulated Councilmember Horak on his selection as Chair- man of the Metropolitan Planning Organization. Councilmember Horak made a motion, seconded by Councilmember Reeves to appoint Councilmember Clarke as an alternate to the M.P.O. Yeas: Council - members Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: None. THE MOTION CARRIED. Citizen Participation A. Presentation of plaque to Harvey Johnson for his years of service as a Water Board member. Mr. Johnson and his wife were present to accept the plaque from Mayor Cassell. Public Hearing and Resolution Establishing the Alignment of Lemay Avenue and the Surroundinq Street Network. Tabled to Julv 6 Following is the staff's memorandum on this item: "The purpose of this meeting with Council is to provide a final public hearing on the Lemay Avenue alignment and surrounding street network. A public notice of the hearing has been published in the newspaper, and area residents have received courtesy notification. The City engaged Transplan Associates to evaluate alternative alignments for Lemay Avenue from Lincoln Avenue to Conifer Street and for Buckingham/ Redwood Streets from Lemay Avenue to Conifer Street, as well as to evaluate the need for Linden Street bridge. Based on material developed at the work session on June 8, 1982, Transplan has prepared a report and developed a set of recommendations for street and bridge improvements. The study, which began in August of 1981, was extensive and involved meetings with local developers, property owners and residents in group meetings, as well as one-on-one meetings on the owners' sites. Nearly everyone involved in this project had an opinion about where the streets e should be located; many of the opinions were conflicting. All opinions were considered during the design process but, because many of the desires -292- 1 were conflicting, there was no way to develop a final design that totally satisfied all interests. The recommendations listed below are those discussed with Council during the work session. The Lemay/Buckingham/Linden/Redwood connection is recommended to be built first because: 1. It will solve short-term traffic problems. 2. The adjacent property owners and developers along Buckingham Street and Redwood Street are ready to develop their sites and are interested in participating in the costs of the road development; whereas, the adjacent property owners and developers along Lemay Avenue are not ready to develop and are not interested in partici- pating in the costs of road development. 3. The cost to the City of building the Buckingham/Linden/Redwood section now will be cheaper than building the Lemay Avenue sec- tion. The map attached shows the location of each project and the estimated engineering and construction cost. Phase I recommendation: 1. Lemay Avenue - Adopt the "Middle Alignment" as the future corridor for Lemay Avenue from north of Lincoln Avenue to south of Conifer Street. Identify the right-of-way, and work with adjacent proper- ty owners and developers to acquire the right-of-way by dedication and build the road as development occurs. 2. Buckingham Street/Redwood Street: A. Extend Redwood Street from Conifer Street south to the inter- section of Vine Drive and Linden Street, working with adjacent property owners, the Colorado Division of Highways, and the Platte River Power Authority to accomplish the needed align- ment. B. Signalize the intersection of Redwood Street, Vine Drive, and Linden Street and install rail crossing protection equipment at the Linden Street/C & S crossing. C. Connect Buckingham Street to Linden Street with appropriate collector street design. D. Connect Buckingham Street to Lemay Avenue with appropriate collector street design as shown in the report. -293- E. Install traffic signal on Linden Street Bridge and proceed with the minor repairs to the existing bridge. Phase II recommendation: Build the "Middle Alignment" of Lemay Avenue to arterial and street design standards. Modify the Buckingham-Lemay intersection to conform with the new Lemay Avenue alignment. The old Lemay Avenue would cul-de-sac at the C & S railroad tracks. Phase III recommendation: Connect the Parkway to the Redwood Street collector and the Lemay Avenue arterial street network. The above work would be submitted to the City's Capital Project rating system and be prioritized along with other City Capital Projects. Staff recommends adoption of the Resolution." Councilmember Elliott made a motion, seconded by Councilmember Clarke, ' to adopt the Resolution. City Manager Arnold noted Council had just received copies of a study prepared by Transplan titled the "Near Northeast Circulation Plan". He added the study does more than look at North Lemay and is a circulation plan for the entire northeast area. Dick Bauman of Transplan and Associates gave a brief summary of the study and reviewed the alternatives explored to route the traffic away from the BAVA neighborhood. He outlined the recommendations presented in the study. The following persons spoke during the public hearing on this issue: 1. Jim Alarid, 608 9th Street, representing BAVA neighborhoods, expressed support for the Transplan proposal. 2. Steve Barbier, Executive Director of Neighbor - to -Neighbor, expressed support for the middle alignment. 3. Josephine Griego, 720 Lindenmeier Road, expressed concern about the heavy truck traffic on North Lemay. 4. Margaret Mitchell, 809 East Elizabeth, expressed support for the far eastern route rather than the middle alignment. -294- Councilmember Clarke made a motion, seconded by Councilmember Horak to amend the Resolution as follows: Deleting "Phase I" and leave "Recommendation". In Section I, replace "as development occurs" with "as soon as possible". Delete Section 2. Section 2 would now read "Build the 'Middle Alignment' of Lemay Avenue to arterial and street design stan- dards. The old Lemay Avenue would cul -de-sac at the C&S railroad tracks." Section 3 would now read "Install traffic signal on Linden Street Bridge and proceed with the minor repairs to the existing bridge." In the third "Whereas" clause, delete the phrase "three project phases" in the last paragraph; delete "three phase" and "as submitted by Transplan Associates". Councilmember Knezovich spoke in opposition to the amendment noting he felt Council should devote some time to the Near Northeast Circulation Plan rather than dwelling on the phasing sequence. Councilmember Horak suggested both motions now on the floor might be premature. He added since the report had not been received in advance, he would like to have some additional time to formulate some questions. Councilmember Horak make a motion, seconded by Councilmember Cassell, to table the Resolution to July 6. Yeas: Councilmembers Cassell, Clarke, and Horak., Nays: Councilmembers Elliott, Knezovich, and Reeves. THE MOTION FAILED. The vote on Councilmember Clarke's amendment to the Resolution was as follows. Yeas: Councilmembers Clarke, Horak, and Reeves. Nays: Council - members Cassell, Elliott, and Knezovich. THE MOTION FAILED. Councilmember Horak again suggested it was premature to decide on the alignment and noted for that reason he would vote against the motion to adopt the Resolution. City Manager Arnold pointed out there were some development people and residents of the area who haven't had the opportunity to review the Trans - plan study and suggested discussing the issue at a work session. Steve Barbier, Neighbor -to -Neighbor, suggested the City's Master Street Plan be amended to reflect the middle alignment. Councilmember Knezovich noted he felt Council was ready to move to the adoption of a northeast circulation plan and to commit to it as development occurs. He added that although he had voted against the previous motion to -295- table the Resolution, he felt the Resolution currently before Council did not accomplish Council's wishes and then suggested the Resolution be tabled to allow staff to draft an alternative Resolution. Councilmember Knezovich made a motion, seconded by Councilmember Horak, to table the Resolution to July 6 to allow staff to draft an alternative Resolution. Yeas: Councilmembers Knezovich, Cassell, Horak, and Reeves. Nays: Councilmembers Elliott and Clarke. THE MOTION CARRIED. Appeal of the Planning and Zoning Board Decision on Fairbrooke PUD Master Plan, P & Z Decision Uoheld Following is the staff's memorandum on this item: "Nature of Review Article V (Planning and Zoning Board Authority) of Chapter 2 of the Code of the City of Fort Collins authorizes the Board to take final action on all planning items and, furthermore, sets forth the procedure for appealing of decision of the Planning and Zoning Board to the City Council. The appeal procedure requires the appellant to submit written notice to the City Clerk and provides for the City Clerk to send written notice of the appeal to all interested parties. The City Council considers the appeal based upon the transcript of the proceedings of the initial hearing (attached), all exhibits received by the Planning and Zoning Board (attached), and any new evidence submitted. This is a request for master plan approval of the Fairbrooke PUD Master Plan (originally submitted as the Worthington PUD), a 101-acre parcel located south of West Prospect Street, between Taft Hill Road and Overland Trail. The site is surrounded by the following zoning and land uses: North: Prospect Street; Bauder Elementary School, R-L, single-family subdivision. South: R-L, single-family (Brown Farm Subdivision). East: Taft Hill Road; R-L, single-family (Sonora Estates Subdivision). West: R-P, R-L-M, multi -family development, Aspen Heights, Stadium Heights, Foothills West Subdivisions. The Fairbrooke PUD Master Plan proposal includes the following uses: 1. 701 residential units (patio homes, townhomes and apartments) on 80 acres; 2. A 1.9 acre daycare center site; 3. A 5-acre church site; -296- 4. An 8.2 acre detention area (in addition to the 4-acre City -owned detention area on the corner of Prospect Street and Taft Hill Road); 5. Extension of Hampshire Road, a collector street, to Prospect Street. Land Use Data Tract A Townhomes 21.8 ac 163 units 7.3 DU/ac Tract B Apartments 7.5 ac 90 units 12.0 DU/ac Tract C Daycare Center 1.9 ac -- -- Tract D Townhomes/Patio Homes 10.2 ac 71 units 7.0 DU/ac Tract E Patio Homes 19.1 ac 114 units 6.0 DU/ac Tract F Townhomes/Patio Homes 12.4 ac 93 units 7.5 DU/ac Tract G Church 5.0 ac -- -- Tract H Apartments 13.3 ac 160 units 12.0 DU/ac Tract I Detention Area 8.2 ac -- -- Tract J Townhomes 1.8 ac 10 units 6.0 DU/ac TOTALS 101.2 ac 701 units 6.9 DU/ac Notes: 1. No building to exceed 40-feet in height. 1 2. Maintenance of private drives, parking lots, islands and open spaces to be undertaken by Homeowners Association. 3. "Apartments" means possible condominium ownership, stacked units up to 2-1/2 stories. 4. Curb cuts onto the arterial street are to be limited to street inter- sections. Planning Objectives for the Fairbrooke PUD Master Plan, as provided by the applicant, are attached to this memorandum. Discussion At the City's request, Hampshire Road has been extended to Prospect Street. While the exact alignment of the road is not determined on the Master Plan, Hampshire Road has been conceptually located in order to incorporate the following two goals: 1. To provide a landscaped buffer between Hampshire Road and Bauder Elementary School property. 2. To allow for possible future access to the school property from Hamp- shire Road. Preliminary PUD plans for tracts adjacent to the school will need to be reviewed in order to ensure that landscaped buffers and access (vehicular, pedestrian, and bicycle) to the school are incorporated into the plans. -297- Significant neighborhood concerns with the Fairbrooke PUD exist. A number of neighborhood meetings, attended by concerned residents, City staff, and the applicant, have been held (refer to staff memorandums dated March 19, 1982 and April 23, 1982) in order to discuss the Fairbrooke project. Staff Recommendation Staff recommends approval of the Fairbrooke PUD Plaster Plan subject to the following conditions: 1. A perspective of proposed buidings, as viewed from adjacent single- family units is required with the preliminary site plan for Tract H. 2. Existing healthy trees will be maintained on the site. 3. Safe and convenient bicycle/pedestrian access to Bauder School will be provided. 4. Buffering will be provided between the school and adjacent development. ' Planning and Zoning Board Recommendation At their April 26, 1982 meeting, the Planning and Zoning Board voted 5-2 to approve the Fairbrooke PUD Master Plan (Case No. 54-80G)." Councilmember Reeves asked the record to show she did not participate in the discussion or vote on either the appeal of the Fairbrooke PUD Master Plan or the Fairbrooke PUD Phase One Preliminary. Councilmember Horak made a motion, seconded by Councilmember Knezovich, to uphold the decision of the Planning & Zoning Board to approve the Fair- brooke PUD Master Plan subject to the conditions outlined in the memo. The following persons spoke at the appeal hearing: 1. DeeAnn Vink, 2318 Ryeland Court, who presented new material for Council review. She noted the material consisted of an outline of the neigh- borhood version of the Master Plan for the Fairbrooke PUD; letters requesting the Planning & Zoning Boardmembers to substantiate their votes on the Fairbrooke issues; replies from two Boardmembers; peti- tions containing 431 signatures; Water Quality Act Information; and a listing of changes the neighborhood would like to see in the developer's plan. 2. Bill Biastoch, 1100 Suffolk, who spoke about the need for additional detention ponds in the area. am P� 3. John Kochenburger, representing F.W. (Bill) Michael, the developer of the property east of Fairbrooke, who spoke of the drainage water coming from this project and the Brown Farm Subdivision that may damage his client's property. 4. Justus Wilkinson, 912 West Mountain, who expressed concern about the drainage problems. 5. F.W. Michael, 935 Valley View Road, called Council's attention to a water decree owned by him. He noted the decree calls for the water to be maintained of a quality for domestic use, irrigation use and for recreational use. He stated he felt there was no way a detention pond could be designed to meet the terms of his decree. 6. Les Kaplan, planning consultant to Gefroh & Associates, who noted the Master Plan was submitted for the purpose of determining in a general form, what the permitted land uses would be on the property, not as a pre -development proposal to establish a first phase so development could begin. 7. Bob Lucas, 2828 Silverplume Drive, employee of Wheeler Realty, who spoke to the detention pond situation. , Councilmember Horak made a motion, seconded by Councilmember Knezovich, to add an additional condition to the approval of the Fairbrooke PUD Master Plan to reduce the density to 8 du/ac for the entire Track H since it abuts single family dwellings. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, and Knezovich. Nays: None. (Reeves withdrawn) The vote on Councilmember Horak's original motion to uphold the decision of the Planning & Zoning Board, as amended to add a 5th condition was as follows. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, and Knezovich. Nays: None. (Reeves withdrawn) Appeal of the Planning and Zoning Board Decision on Fairbrooke PUD Phase One Preliminary, P & Z Decision Reversed Following is the staff's memorandum on this item: "Nature of Review Article V (Planning and Zoning Board Authority) of Chapter 2 of the Code of the City of Fort Collins authorizes the Board to take final action on all planning items and, furthermore, sets forth the procedure for appealing of ' decision of the Planning and Zoning Board to the City Council. The appeal procedure requires the appellant to submit written notice to the City Clerk -299- I and provides for the City Clerk to send written notice of the appeal to all interested parties. The City Council considers the appeal based upon the transcript of the proceedings of the initial hearing (attached), all exhibits received by the Planning and Zoning Board (attached), and any new evidence submitted. Applicants are requesting preliminary approval for Phase One of the Fair- brooke PUD. Phase One (designated as Tract A on the Fairbrooke PUD Master Plan) consists of 163 townhome units on 21.7 acres. Land Use Data Gross Area: 21.774 ac 948,475 sf Net Area: 17.384 ac 757,255 sf Total Dwelling Units: 163 Gross Density: 7.49 DU/ac Net Density: 9.38 DU/ac Building Coverage: Unit Type A (2-bedroom ranch): 51 units 44,064 sf Unit Type B (1-bedroom, 2-story): 64 units 25,088 sf Unit Type C (2-bedroom, 2-story): 48 units 24,192 sf Totals 163 units 93,344 sf With Optional Carports: 163 units 32,600 sf Totals 125,944 sf Private Parking Lots 115,900 sf Totals 241,844 sf Required Parking: 64 one -bedroom @ 1.5/unit 96 spaces 99 two -bedroom @ 1.75/unit 173 spaces Total 269 spaces Provided Parking: Fenced Spaces with Optional Covers 163 spaces Additional Spaces 203 spaces Tandem Spaces 48 spaces Totals 414 spaces -300- 13.3% 12.2% 25.5% Carryover: Building Coverage/Private Parking Lots & Driveways: 241,844 sf 25.5% Public Streets & Right -of -Way: 173,180 sf 18.3% Active Recreational Space: 139,843 sf 14.7% Open Space: 393,608 sf 41.5% Totals 948,475 sf 100% Planning Objectives for the Fairbrooke PUD Phase One Preliminary, as provided by the applicant, are attached to this memorandum. The Fairbrooke PUD Phase One Preliminary incorporates the following ele- ments: 1. Ranch and two-story townhouse units; 2. One carport space for each unit, as well as additional off-street parking; 3. Relocation of the Pleasant Valley and Lake Canal through the property and utilization of it as an amenity; 4. Designated garden areas for all residents; 5. Continuation of Sommerville Drive, a public local street from Aspen I Heights PUD to the south. Discussion The Fairbrooke PUD Phase One Preliminary was processed under the Land Development Guidance System and all applicable Point Charts are attached. In summary, the project satisfactorily addresses all applicable criteria. As indicated by the attached letter dated February 11, 1982 from Mr. Mauri Rupel, Assistant City Engineer for Development, it is City staff's opinion that no additional improvement to Prospect Street is needed with Phase One (in accordance with the City's offsite street ordinance, #163-81). The existing 32-foot width of pavement was determined to be structurally adequate to handle traffic anticipated from Phase One. The developer will still be responsible for the standard arterial street improvements along Phase One frontage on Prospect Street with the development of Phase One. Applicants are requesting a variance the existing 32-feet of pavement on required 36-feet, is adequate for Phase this variance request. Staff Recommendation from Ordinance #63-81, stating that Prospect Street, as opposed to the One development. Staff concurs with Staff recommends approval of the Fairbrooke PUD Phase One Preliminary subject to approval of the variance to Ordinance 63-81 subject to the following conditions being addressed on the final site plan: -301- 1. Minimizing the impact of height of the proposed buildings along Pros- pect Street. 2. Provision of more berming and landscape treatment along Prospect Street. 3. Provision of individual storage area for each unit. 4. Review of final plans by the neighborhood. Planning and Zoning Board Recommendation At their April 26, 1982 meeting, the Planning and Zoning Board voted 7-0 to approve the Fairbrooke PUD Phase One Preliminary plan (Case No. 54-80H)." Councilmember Knezovich made a motion, seconded by Councilmember Clarke to uphold the decision of the Planning & Zoning Board to approve the Fair- brooke PUD Phase One Preliminary subject to the conditions outlined by staff. The following persons spoke at this appeal hearing: 1. DeeAnn Vink, 2318 Ryeland Court, expressed her concern about fire and police protection and drainage problems. 2. John Kochenberger, representing F.W. Michael, who again expressed concern about the drainage problems as they affect his client's pro- perty. 3. F.W. Michael, who repeated his concern regaring the.`drainage problems. 4. Jim Vink, 2318 Ryeland Court, who expressed his concerns about drainage and the classifying of elementary schools as major employment centers. 5. Bill Biastoch, 2100 Suffolk, expressed concern about the safety of the detention ponds. 6. John Dengler, Gefroh & Associates, who noted the units were placed to take advantage of maximum passive solar exposure. City Attorney Huisien suggested an additional condition be added to the approval of the Fairbrooke PUD Phase One Preliminary as follows: "The drainage plan of the Fairbrooke PUD Phase One Prelim- inary and all plans of that PUD phase shall require and e insure that the management of drainages upon or from the site shall not interfere with or harm the water or real property rights of adjoining or downstream property owners." -302- 1 Councilmember Horak made a motion, seconded by Councilmember Elliott, to add the additional condition as outlined by City Attorney Huisjen. Yeas: Council members Cassell, Clarke, Elliott, Horak, and Knezovich. Nays: None. (Reeves withdrawn) THE MOTION CARRIED. Councilmember Clarke stated he felt the project was "marginal" because of the congested, monotonous placement of the units on the west end. He expressed additional concern about the traffic circulation and congested parking along Fairbrooke Drive and noted he felt the design needed more work. The vote on Councilmember Knezovich's original motion, as amended, to uphold the decision of the Planning & Zoning Board on Fairbrooke PUD Phase One Preliminary was as follows. Yeas: None. Nays: Councilmembers Cassell, Clarke, Elliott, Horak, and Knezovich. (Reeves withdrawn) THE MOTION FAILED. Resolution Approving an Amendment to the Larimer ' County Land Use Plan and Amending the Intergovernmental greement for the Fort Collins Urban Growth Area, Denied Following is the staff's memorandum on this item: "The Intergovernmental Agreement for the Fort Collins Urban Growth Area (1980) contains policies and goals dealing with the types of appropriate land uses for both inside and outside the Urban Growth -Area. Development outside the Urban Growth Area must conform to the Larimer County Land Use Plan (1978). A change to the County's Land Use Plan for an area referenced in the Intergovernmental Agreement necessitates a change to the Agreement. The Fort Collins Planning and Zoning Board has reviewed the foothills area in various forms over the past year. After holding several work sessions with the County Planning Commission and a Special Public Hearing, the Board recommended a set of criteria which could be used to evaluate Urban Growth Area boundary change requests to the City Council. The City Council and the County Commissioners have adopted these criteria. The proposed County Land Use Plan amendment is a result of a "Foothills Study" prepared by the Larimer County Planning Department staff. The amendment would change the Plan's land use designation from rural, which permits development to occur at one unit per 35-acres, to rural non -farm, which permits development at one unit per 5-acres unless the proposed development occurs as a Planned Unit Development, where density can be increased to one unit per 2.29-acres. -303- The amendment requires a change of City policy towards the foothills area. In the past the City has pursued public acquisition of open space and reinforced the rural designation. The amendment would not necessarily change the City's policy of pursuing public acquisition, but residential densities could significantly increase. Also, development guidelines in the amendment require public water and sewer service. Because the City is one of several agencies which could logically serve the area with utili- ties, the amendment is important since out -of -City water and/or sewer requests could be forthcoming with development proposals in the area. History On April 29, 1980 the Fort Collins City Council and the Larimer County Commissioners entered into an intergovernmental agreement establishing an Urban Growth Area to manage growth in the area surrounding the City of Fort Collins. The agreement culminated several years of effort, discussion and negotiation. The Intergovernmental Agreement presents a united cooperative City/County front toward development goals and policies within the greater metropolitan area and represents significant steps toward effectively managing development. ' The Intergovernmental Agreement also contained policies for areas outside the Urban Growth Area. Essentially the City and County agreed that no urban -level development would be permitted to take place outside of the Urban Growth Area except in clusters designated on the Larimer County Land Use Plan. The Agreement also establishes a rural non -farm designation or areas south of Harmony Road while land north of Harmony Road was classified as rural. This requested amendment to the Larimer County Land Use Plan necessitates a change of policies in the Intergovernmental Agreement and thus must be approved by both the City Council and the Larimer County Commissioners. In addition, the amendment, if approved, would contain a series of development guidelines, the first of which is a requirement for public water and sewer. Because the City of Fort Collins is one of several agencies which could logically serve the area with water and/or sewer service, it is important the City Council review this land use amendment since out -of -City water and/or sewer service requests could be forthcoming with development proposals in the area. The foothills area has been reviewed by the Fort Collins Planning and Zoning Board in a few different forms over the past year. The following is a historic perspective of what has transpired during the past year in regard to the foothills area. In May 1981 the Planning and Zoning Board reviewed Case #48-81, Overland ' Trail Urban Growth Area Amendment, which was a request to include approxi- mately 1,000-acres located west of Overland Trail between Michaud Lane on -304- the north and Harmony Road on the south into the Fort Collins Urban Growth Area. City staff recommended denial of the request basing the recommen- dation on the excess capacity of the Urban Growth Area to accommodate projected growth and that services had not been extended into the area. The Board denied the request on a 5-2 vote, but noted a need to re-evaluate the Urban Growth Area boundary in relation to the foothills area. In June 1981, Planning Division staff prepared a memorandum presenting various pieces of information from technical studies and policy documents, such as the Open Space Plan (1974), the Goals and Objectives (1977), the Land Use Policies Plan 1979), and the Intergovernmental Agreement for the Fort Collins Urban Growth Area (1980), which were designed to aid discus- sion concerning the present Urban Growth Area boundary. The information was to aid the Board's discussion which would lead to either a re -affir- mation of the present Urban Growth Area boundary or the formulation of a new "Foothills Policy" to be recommended to the City Council. City staff did not make a recommendation in the memorandum, but worked with the Board at its June and July worksessions discussing options. The Board directed staff to formulate a series of policy alternatives for further considera- tion. In October 1981, the Board reviewed two agenda items at their regular monthly meeting which dealt with the foothills area. The first item, Foothills Policy, was a series of staff -prepared policy alternatives for the foothills area. Alternative One provided a two-part policy for the foothills area. The long-range policy would be to pursue public acquisi- tion of any and all property which would have negative visual impacts upon the City if developed, and/or would complete the open space corridor along the foothills. In the interim, the City's policy on development in the foothills area would be to reinforce Larimer County's Land Use Plan (1978) which designates the area for rural development. AlternativTwo provided direction to amend the County's Land Use Plan and create a rural non -farm area for the foothills. Alternative Three suggested a policy approach which would incorporate the foothills area into the Fort Collins Urban Growth Area and allow development at urban densities. Staff recommended the adoption of Alternative One. The Board tabled the item in order to schedule a joint work session with the Larimer County Planning Commission in November to discuss the alternatives. At their October meeting the Board also reviewed Case #83-81, Miller Land Use Plan Amendment, which was a request to amend the County's Land Use Plan and create a new cluster for the foothills area. The Board tabled this item until January 1982, pending a decision on the policy alternatives for the foothills area During November and December 1981, the Board conducted several worksessions ' with the County Planning Commission. During these worksessions, the emphasis of discussion switched to concerns for the entire Urban Growth -305- Area boundary and not just the segment along Overland Trail. The Planning staffs of the County and City were directed to prepare a set of criteria which could be used to evaluate Urban Growth Area boundary change requests. At the Board's regular meeting in December 1981, the staff presented a set of critria for evaluation of Urban Growth Area boundary change requests. The Board took no action because of a previous commitment to hold another joint worksession with the County Planning Commission in early January. At the January 1982 worksession, both the Board and County Planning Commission set up schedules for public hearings on the boundary amendment criteria. At the Board's regular meeting in January 1982 the Miller Land Use Plan Amendment was again tabled. The Fort Collins Planning and Zoning Board conducted a public hearing on February 8, 1982 to solicit public comments on a set of criteria which could be used to evaluate Urban Growth Area boundary requests. At the Board's regular meeting in February, they recommended on a 7-0 vote a set of criteria to the City Council. The City Council reviewed and adopted the set of criteria in March 1982. The Board of County Commissioners, because of differing legal advertisement requirements, reviewed and adopted the same set of criteria on May 3, ' 1982. Discussion This is a request to amend the Larimer County Land Use Plan from rural development to rural non -farm development for areas lying west of the present Fort Collins Urban Growth Area boundary between Harmony Road and Michaud Lane (County Road 50). The area lying west of the Fort Collins Urban Growth Area boundary is designated for "rural development" in the County's Land Use Plan. The "rural" designation permits development to occur at one unit per 35-acres. This request is to change the designation for the area to "rural non -farm." The "rural non -farm" designation would permit development at one unit per 5-acres unless the proposed development occurs as a Planned Unit Develop- ment where density can be increased to one unit per 2.29-acres. The proposed County Land Use Plan amendment is a result of a "Foothills Study" prepared by the Larimer County Planning Department staff (attached). The amendment would change the County land use designation from "rural" to "rural non -farm" on the tracts labelled 2, 3, 4, and 5 in the "Foothills Study." The amendment also indicates that an urban density is appropriate for Area 5, but only if and when it is included in the Fort Collins Urban Growth Area. The following Goals and Objectives and Policies are taken ' from the Goals and Objectives (1977) and Land Use Policies Plan (1979), adopted elements of the City s Comprehensive Plan. The statements are those directly related to the foothills area. -306- Goal: Maximize the capability of both the City of Fort Collins and Larimer County in making land use decisions in the urban service area (sic, Urban Growth Area). Objective: Encourage decisions on land use and utility extensions for areas which are beyond the urban service area which reinforce the urban service area. Goal: Acquire open space as a tool for shaping and di- recting growth. Objective: Identify boundaries of urban service area with open space. Goal: Insure that future development will be accomplished so as to create the least degradation of the environ- ment. Objectives: Insure that the type, design and location of new development be compatible with environ- mental considerations. Direct growth away from environmentally unique lands which can be shown to have special values to people - natural resource, scenic, recrea- tional, historical - unless the negative aspects can be effectively mitigated. Goal: Promote for the present and future citizens of Fort Collins a balanced open space system including recreational, scenic, and natural areas, tracts, parks, and historical sites, commensurate with citizen needs and accessible to all. Objective: Give high priority to achieving the goals of the Fort Collins Open Space Plan (1974), insuring completion of the continuous trail system and land acquisition program involving the Poudre River, Spring Creek, and the foot- hills. Restrict growth which will encroach on desig- nated open space areas and/or will interfere with access to these areas. , Policies: The City will review and approve land use plans completed by other agencies and adopted by -307- the County which deal with areas in the urban fringe. The City will work with the County to develop implementation techniques which reinforce their respective land use plans. The City shall prepare and utilize an environ- mental management plan which will include the following measures: Requiring development to mitigate negative impacts on environmentally scarce and valuable lands. Promoting the incorporation of environmentally scarce and valuable lands, including lands of agricultural importance into open spaces or historic preserves. The City and County will prepare an Open Space Plan for the preservation of passive and active park and recreational areas and open spaces and agricultural areas. The City will assist the County in the develop- ment of a mechanism for public acquisition of parks and open spaces. Consistent with a fiscal analysis and 'effects on the Capital Improvements Program, the City will purchase open space and/or development rights to define the community identity of the City. The City will prohibit the conversion of desig- nated open space to other uses. The City will prohibit development which inter- feres with public access to designated open space areas. The above statements from the City's Comprehensive Plan essentially break down into two separate approaches to dealing with the foothills area: 1. The area should be preserved through public purchases, or other methods, I as passive scenic open space. 2. Development in the area, if allowed, should effectively mitigate negative impacts on such things as views, etc. The City's dealings with the foothills area in the past has been in line with the first approach listed above. The City purchased two large tracts of land for open space purposes and supported the area being designated as rural in the County's Land Use Plan. Whether the citizens of Fort Collins would continue to support the expenditure of tax money for the purchase of open space is difficult to predict. There are tax revolts happening in other states and municipalities requiring governments to carefully spend money in this time of inflation and recession. On the other hand, voters in Fort Collins recently passed two major bond issues for the purchase and improvement of open space and parks. Planning and Zoning Board Recommendation At the regular May meeting of the Fort Collins Planning and Zoning Board, the Board reviewed Case #36-82, Larimer County Land Use Plan Amendment, Foothills Area, which was a request to amend the Larimer County Land Use Plan from the rural designation to the rural non -farm designation for the area lying west of Overland Trail between Harmony Road and Michaud Lane. The Board voted 7-0 to recommend the change to the County Land Use Plan. Much of the public input at the Board's meeting centered around air quality concerns and the designation of Overland Trail as a six -lane major arterial street on the City's Master Street Plan. The change of designa- tion from rural to rural non -farm could add a potential 422 additional units west of Overland Trail. This impact was deemed minimal on air quality and transportation facilities. Staff Recommendation This policy decision is essentially the same as outlined by the staff in October 1981 in the foothills policy alternatives. At that time staff recommended a two-part policy approach: a long-range policy of public acquisition; and an interim policy of reinforcing the County's Land Use Plan which designates the area for rural development. If the City decides to continue public purchases of open space in the foothills area, staff will need to evaluate implementation options. If the policy is changed so increased residential density development could be allowed provided the perception of open space is maintained, the amend- ment to the County's Land Use Plan is a viable approach and is supported by staff. The policy decision is not an either/or choice since the approaches are not mutually exclusive. The County Land Use Plan amendment can be 'passed without affecting a City policy of public purchases. Under the ' amendment, specific development guidelines are included. They are: -309- 1 1. Public water and sewer will be required. 2. Structures should be located below ridgelines. These occur approxi- mately at the 5,200-foot elevation line. 3. Underground utilities will be required. 4. Development should be designed to conform to the terrain. Structure sites should be identified by building envelopes, and located so that grading and filing are kept to a minimum. Natural features such as drainage swales, rock outcroppings and slopes should be retained. 5. Design should demonstrate a concern for the view of the hills as well as from the hills. 6. Design should take into account the unique micro -climate of the foot- hills. Building envelopes should be selected, landscape plans designed and individual structures built for protection from high winds and to function with maximum conservation of energy. 7. Development design should consider wildlife habitats. Leaving open space in a single block is encouraged. 8. Development design should address compatibility with existing and planned uses on adjacent public and private land. This might include buffering incompatible uses or providing access through the development of public recreation areas. These development guidelines are similar to the types of design concerns the Fort Collins Planning and Zoning Board reviews on development proposals submitted through the Land Development Guidance System. The Land Develop- ment Guidance System and the above development guidelines are intended to facilitate harmony between potentially incompatible land uses." Councilmember Elliott made a motion, seconded by Councilmember Reeves to adopt the Resolution. The following persons spoke on this issue: 1. John Bartholow, 328 South Overland Trail, read a letter he had written to Council. His comments concerned the proposed expansion of Overland Trail to a major 6 lane highway. He added he had been a member of the committee which drew the U.G.A. boundary. He noted he felt the U.G.A. was meant to be the limit of urban expansion. 2. Wil Brumley, 3018 West Dean Drive, who objected to the proposal to permit increased density. -310- 3. Jerry Nix, 2105 South Shields, who supported the proposed change to the Land Use Plan. 4. Henry Baker, Larimer County Planning Director, who pointed out the boundary of the U.G.A. was not going to be changed. He outlined the problems that would occur from the County's perspective if the amend- ment to the Land Use Plan was not adopted. 5. Alvin Miller, 4017 Spruce Drive, who spoke of the policy for the area west of Overland Trail and supported the amendment. 6. Jeanne Calloway, 831 North Overland Trail, who spoke in opposition to the amendment. 7. Tom Herring, 2424 South Overland Trail, who favored the amendment. Councilmember Clarke expressed his concern that the foothills be protected from growth and development. He stated he felt the only way to accomplish this was to bring them under some kind of public ownership, probably the City of Fort Collins. Since money is not available, he suggested including the entire foothills area in the U.G.A. so special development criteria could be designed for the area and be applied once annexation occurs. The vote on Councilmember Elliott's motion to adopt the Resolution ap- proving the amendment to the Land Use Plan was as follows. Yeas: Council - member Elliott. Nays: Councilmembers Clarke, Knezovich, Cassell, Horak, and Reeves. THE MOTION FAILED. Mayor Cassell suggested staff bring back another approach to this problem at a future meeting. Adjournment Councilmember Horak made a motion, seconded by Councilmember Reeves, to adjourn the meeting to 1:30 p.m. on June 22, 1982. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: None. The meeting adjourned at 12:15 a.m. Mayor ATTEST: ' City Clerk -311-