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HomeMy WebLinkAboutMINUTES-08/05/1980-Regular1 August 5, 1980 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 5:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, August 5, 1980, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll Call was answered by the following Council - members: Bowling, Kross, Reeves, Wilkinson, and Wilmarth. Absent: Mayor Gray and Councilmember St. Croix. Staff Members Present: Arnold, Liley, Lewis, Lanspery, Krajicek, C. Smith, Krempel, and D. Johnson. Agenda Review: City Manager City Manager John Arnold noted that there were no changes to the agenda and no items of other business. Councilman Wilkinson asked that Item #14, Appointment of Wanda Krajicek as Acting City Clerk, be removed from the Consent Calendar. Assistant Mayor Wilmarth asked that Item #17, Hearing and First Read in of Ordinance No. 107, 1980, Appropriatin Funds rom rEF ear eserves in the Revenue Sharing un e removed rom t e Consebt Calendar. Patricia Hoffman, 2211 W. Mulberry asked that Item #23, Twin Spruce Farm, Preliminary and Final Subdivision Plat, be removed from the Consent a en- dar. sent 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. 4. Consider approval of the Minutes of the Regular Meeting of July 15, 980. - 266 August 5, 1980 5. Second Reading of Ordinance No. 96, 1980, Appropriating Prior Year Reserves in t e Seven Year Capital Fund. This Ordinance was unanimously adopted on First Reading on July 15 and would appropriate $232,000 from the Seven Year Capital Fund to be used for the Downtown Employee Parking Lot and the Street Rehabilitation Program. 6. Second Reading of Ordinance No. 97, 1980, Appropriating Unanticipated Revenues in t e Capita Projects Fun . This Ordinance was unanimously adopted on First Reading on July 15 and would appropriate $554,409.27 for the Downtown Employee Parking Lot, Street Rehabilitation Program, and Street Capital. 7. Second Reading of Ordinance No. 98, 1980, Appropriating Prior Year Reserves In the Revenue Sharing Fund. This Ordinance was unanimously adopted on First Reading on July 15 and would appropriate $6,237 to cover the estimated 1980 cost for the use of a City truck by Recycle Something. 8. Second Reading of Ordinance No. 99, 1980, Appropriating Unanticipated I Prior Year Reserves in the Community Services Fund. This Ordinance was unanimously adopted on First Reading on July 15 and would appropriate a transfer from the Revenue Sharing Fund to the Community Services Fund for expenditure in 1980. The expense of $6,237 is for equipment fund rents when Recycle Something utilizes a city truck on an emergency basis. 9. Second Reading of Ordinance No. 100, 1980, Providing a Permit System for the Carrvina of Concealed Weapons. This Ordinance was unanimously adopted on First Reading on July 15 and would authorize the Chief of Police to issue permits for concealed weapons. 10. Second Reading of Ordinance No. 102, 1980, Rezoning Property Known as Fox Mea ows II. This Ordinance was unanimously adopted on First Reading on July 15 and is a request to change the zoning of approximately 15.27 acres cur- rently in the T, Transition Zoning District, to R-M-P, Medium Density Planned Residential District, located at the southeast corner of Timberline Road and Horsetooth Road. ' 267 ' August 5, 1980 11. Second Reading of Ordinance No. 103, 1980, Rezoning Property Known as This Ordinance was unanimously adopted on First Reading on July 15 and is a request to rezone approximately 69.2 acres currently zoned R-P, Planned Residential District, to I-P, Industrial Park District, located on Timberline Road, south of Horsetooth Road. 12. Second Reading of Ordinance No. 104, 1980, Annexing Property Known as Dixon Creek Annexation. This Ordinance was unanimously adopted on First Reading on July 15 and is a request.for annexation of 58.7 acres, located south of Drake Road, east of Overland Trail extended and approximately one-half mile west of Taft Hill Road. 13. Second Reading of Ordinance No. 105, 1980, Zoning Property Known as Dixon Creek to ConditionalR-P, Planned Residentia . This Ordinance was adopted on First Reading by a 5-1 vote on July 15 and would zone the proposed 58.7 acre Dixon Creek Annexation R-P, ' Planned Residential with a maximum density of 8 DU/acre. 14. Appointment of Wanda Krajicek as Acting City Clerk. The Charter requires that Council confirm the City Manager's appoint- ment of the City Clerk. The City Manager has appointed Wanda Krajicek as Acting City Clerk, effective August 4, 1980. Council needs to confirm the appointment. 15. Routine Deeds and Easements. A. Storm drainage easement from John and Dorothy Neutze containing 0.2089 acre at a cost of $920 10 per sq.ft. ocated paral- lel to the extended Wood Street. This easement is needed for storm drainage portion of the Equipment Services facility pro- ject, to be completed by August 15th. The City is also obtaining a temporary access easement at this location to reduce by two miles the travel distance to the Poudre Trails construction site.. The temporary access easement contains .0851 acre and is being granted by Neutze for a consideration of $1.00. B. Exchange of property with the S & F Agency south of Highway 14, to accommodate the realignmenf—of the Poudre Trails across the Schneider property. There is no consideration for this ex- change. 268 August 5, 1980 ' Agreements for Mulberry Street Improvement District No. 74 as follows: PERMANENT FEE SIMPLE TEMP. CONST. EASEMENT TOTAL GRANTOR CONSIDERATION CONSIDERATION CONSIDERATION CONSIDERATION Nelson $ 190.00 $ 60.00 $ --- $ 250.00 Fredman 250.00 100.00 300.00 650.00 Mason 218.75 31.25 --- 250.00 Hannah 180.00 70.00 50.00 300.00 Moore 123.75 41.25 402.19 600.00 (rounded) Fletcher 380.00 70.00 --- 450.00 Heinrich -(Revised) (175.00) (75.00) 50.00 + 50.00 United Pentacostal Church 210.00 65.00 --- 275.00 Ricketts 500.00 180.00 420.00 1,100.00 D. Easement agreement with Alden T. Hill, Alden V. Hill and Ann L. Deseran for the South ShieTUs Street Water ine, paralTeTing Shi- eTdT s between Horsetooth and Harmony. This permanent easement is 20' by 1320' and is being granted ' for a consideration of $2,848 plus $605 for a temporary construction easement ($.015 per sq.ft.). 16. Hearing and First Reading of Ordinance No. 106, 1980_Increasing Street Oversizing Fees. The Ordinance increases the street oversizing fee to $254.00 per D.U. for residential and $2,296.00 per acre for commercial and industrial. 17. Hearing and First Reading of Ordinance No. _107,_1980, Appropriating Funds Prior Year Reserves in t e Revenue Sharing Fund. Council reviewed a proposed study to analyze the feasibility of a Convention Center Complex in downtown Fort Collins. The cost of this feasibility study was $45,000. This Ordinance appropriates $45,000 from prior year reserves in the Revenue Sharing Fund since it is a one time expense and may be reimbursed later in the project. 18. Golden Meadows Fourth Filinq, Final. This is a final P.U.D. proposal for the 4th filing of Golden Meadows. The P.U.D. is for 147 single family units on 27.95 acres zoned R-L-P, Low Density Planned Residential District, located east of Lemay Avenue ' and north of Wheaton Drive. 269 August 5, 1980 19. New Hampshire Subdivision, Final. This is a request for final approval of a 4 lot subdivision plat on 37.02 acres. The site is located north of Danfield Court, south of Meadows East Subdivision, west of Timberline Road and west of the Union Pacific Railroad tracks. The property is zoned R-H, High Density Residential, and R-L-P, Low Density Planned Residential District. 20. Woodlands Phase II, Condominiums Final P.U.D. This is a final P.U.D. proposal for Phase II of the Woodlands. The applicant is requesting., final approval of a 120 multiple family units, on 9.8 acres, zoned R-L-P, Low Density Planned Residential. The site is located on the Northeast corner of the intersection of Harmony and Shields Street. 21. Greenfield Village, Master Plan. The applicant is requesting master plan approval on 69.3 acres, located at the northeast corner of the intersection of Horsetooth Road and Timberline Road. The master plan consists of 54 acres of mixed . residential units including single family units, condominium townhomes and apartments, and 57 mid -rise dwelling units. The proposal for the site also includes a 15.3 acre neighborhood shopping center. 22. Greenfield Village, Phase I, Final. This is a final proposal for Phase I, a 66 single-family lot area in the Greenfield Village Master Plan Area, located on the northeast corner of Horsetooth Road and Timberline Road. 23. Twin Spruce Farm, Preliminary and Final Subdivision Plat. The applicant is requesting preliminary subdivision plat approval for a one -lot subdivision. The 2.27 acre site is located south of Mul- berry Street, and approximately 165 feet west of Taft Hill Road. E N D C 0 N.S E N T Ordinances on Second Reading were read by title by City Clerk Wanda Krajicek. ' Item #5 Second Reading of Ordinance No. "' 1980, Appropriating Prior Year Reserves in t e Seven Year Capital Fund. 270 August 5, 1980 ' Item #6 Second Reading of Ordinance No. 97, 1980, Appropriating Unanti- Item #7 cipated Second Revenues Reading in the Capital Projects Fund. of Ordinance No. 98, 1980, Appropriating Prior Item #8 Year Reserves in Second Reading the Revenue Sharing Fund. of Ordinance No. 99, 1980,_Appropriating Unanti- cipated Prior Year Reserves in the Community Services Fund. Item #9 Second Reading of Ordinance No. 100, 1980, Providing a Permit System for the Carr vino of Concealed Weapons. Item #10 Second Reading of Ordinance No. 102,.1980, Rezonin Known as Fox Meadows II. Item #11 Second Reading of Ordinance No. 103, 1980, Rezoning Propert Known as Ti ey-Chandler Rezoning. Item #12 Second Reading of Ordinance No. 104, 1980, Annexing Property Known as Dixon Creek Annexation. I Item#13. Second Reading of Ordinance No. 105, 1980, Zoning Property Known as Dixon Creek to ConditionalR-P, Planned Resi entia . Ordinances on First Reading were read by title by City Clerk Wanda Krajicek. Item #16 Hearing and First Reading of Ordinance No. 106, 1980, Increasi Street Oversizino Fees. Item #17 Hearing and First Reading of Ordinance No. 107, 1980, App oriatino Funds from Prior Year Reserves in the Revenue Shar Councilman Bowling made a motion, seconded by Councilman Kross, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Bowling, Kross, Reeves, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. 271 August 5, 1980 Appointment of Wanda Krajicek as Acting City Clerk, Confirmed by Council Following is the City Manager's memorandum on this item: "Verna Lewis, who has been the City Clerk since 1972, has been appointed as Assistant City Manager for Council Liaison. The Charter requires that Council confirm the City Manager's appointment of the City Clerk. Wanda Krajicek has served as Deputy City Clerk since October, 1977. The City Manager has appointed her as Acting City Clerk, effective August 4, 1980. Council needs to take official action to confirm the appointment." Councilman Wilkinson stated that he felt that the appointment of a new City Clerk deserved to be acted upon in a motion of its own rather than be included as part of the Consent Calendar. He therefore made a motion, seconded by Councilwoman Reeves, to appoint Wanda Krajicek as Acting City Clerk effective August 4, 1980. Yeas: Councilmembers Bowling, Kross, Reeves., Wilkinson, and Wilmarth. Plays: None. i-FIE MOTION CARRIED. Hearing and Reading of Ordinance No. 107, 1980 Adopted Appropriating Funds from Prior Year Reserves in the Revenue Sharing Fund Following is the City Manager's memorandum on this item: "At the July 15 City Council meeting, Council reviewed a proposed study to analyze the feasibility of a Convention Center Complex in downtown Fort Collins. The cost of this feasibility study was $45,000. As this cost is a one time expense, and may be reimbursed later in the project, we would recommend that the $45,000 come from prior year reserves in the Revenue Sharing Fund. Attached is a financial statement which reflects the avail- ability of prior year reserves in the Revenue Sharing Fund. This use would be consistent with our recommendation to use Revenue Sharing monies for one time costs only." Assistant Mayor Wilmarth noted that he had asked that this item be with- drawn as he felt it was not routine and non -controversial. Councilman Bowling stated that in his opinion, it was the City's respon- sibility to share in the costs of the study to see if the project has ' feasibility especially in light of the money and time recently spent in revitalizing the downtown area. 272 August 5, 1980 , Councilwoman Reeves made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 107, 1980, on First Reading. Yeas: Councilmembers Bowling, Reeves, and Wilkinson. Nays: Councilinembers Kross and Wilmarth. THE MOTION CARRIED. Twin Spruce Farm, Preliminary and Final Subdivision Plat Approved Patricia Hoffman, 2211 W.,Mulberry requested that this item be withdrawn from the Consent Calendar. She questioned whether the property's current zoning would be affected by the approval of this one lot subdivision. City Attorney Liley stated that Council would be approving development consistent with the present zoning and no use would be permitted that would be inconsistent with the existing zoning unless there would be a rezoning by the Council. Ms. Hoffman described the proposed plans for the lot noting that they showed a large home with apartments over the garage. She then asked if I that would be permitted and expressed concerns that it remain a single- family residence. City Attorney Liley explained that when property is zoned M-L, Low Density Mobile Horne, there are two permitted uses: 1) Any use allowed in the R-L zone and, 2) A mobile home usage. To the extent the property is used for single-family residential, they would have to comply with all the require- ments of the R-L zone including density and lot size requirements, etc. The Code provides that you can have one family or three unrelated persons, which would also constitute a family and those would be the limitations in that zone. Planning Director Curt Smith pointed out that what is being approved by Council at this meeting is the subdivision of a lot only. None of the construction of the buildings is being approved. They will have to be submitted to the Building Department, subject to review against the Zoning Ordinance. The drawings submitted by the developer are examples of what the applicant intends to do. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to approve the Twin Spruce Farm, Preliminary and Final Subdivision Plat. Yeas: Councilmembers Bowling, Kross, Reeves, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. 273 August 5, 1980 Resolutions Adopted Appointing An Alternate and a New Member of the Building Contractor's Licensing Board Following is the City Manager's memorandum on this. item: "Long time member Marion Allen has resigned from the Building Contractor's Licensing Board. The first Resolution attached would appoint George Holter, the current alternate, to fill the vacancy left by Mr. Allen's resignation. If Council appoints Mr. Holter as a regular member, a new alternate would need to be appointed. The second Resolution would accom- plish that appointment. Attached are applications that may be considered in selecting the new alternate." Councilman Wilkinson made a motion, seconded by Councilman Bowling, to adopt the Resolutions naming George Holter to the Building Contractor's Licensing Board and naming Clifford H. Hart as an alternate to that Board. Yeas: Councilmembers Bowling, Kross, Reeves, Wilkinson and Wilmarth. Nays: None. ' THE MOTION CARRIED. Bid Awarded on Phase II of Poudre Trail Proqram Following is the City Manager's memorandum on this item: "We recently received bids on Phase II of the Trail Program. Five bids were received, as follows: Amount Company Product $237,710.75 Kiefer Concrete 4" Concrete $229,348.50 C.G.&S. Co. 4" Concrete $168,424.00 Greeley Excavation 4" Concrete $167,844.00 Weinland Construction 4" Base, 2" Asphalt $164,851.00 Flatiron Paving Co. . 4" Asphalt The engineer's estimate was $161,187.50. As a rule, we recommend low bid that meets or exceeds specs. The low three bids all use different products and are yet so close the decision of best ' bid hinges in good part on qualitative factors. 274 August 5, 1980 ' All our engineering staff feel strongly that 4" concrete is the best buy. Total cost, including maintenance, resistance to weeds, length of life, all lead us to concrete. The chief disadvantage of concrete is usually its higher initial cost. When we last took trail bids, the difference in cost was 16%. This time the difference is 2%. Staff always likes to recommend local contractors whenever possible. Usually that means "all other factors equal." Here the quality factors must be weighed heavily. We will have slides showing comparisons of asphalt and concrete trails and sidewalks in town that show the effects over time. Also, we've attached an analysis on total cost that shows concrete to be most economical. The Parks and Recreation Board reviewed the bids on July 22nd and recom- mends concrete. We recommend the Greeley Excavation bid of $168,424." Dale Johnson of the Engineering Department gave a slide presentation ' reviewing the City's existing concrete and asphalt trails. He pointed out the condition of the examples shown on the slides noting the differences between concrete and asphalt. Councilman Kross noted that at a work session, Council had discussed asphalt versus concrete and had reached a consensus to direct staff to proceed with asphalt as the basis of the bid. City Manager Arnold replied that all three alternates were specified as being acceptable in the bid specifications. He added that at the time of the first phase of the Trail Program, Council indicated a preference for asphalt but asked why only one concrete bid was included.. These bids include three concrete and three other bids of combinations of asphalt. Dennis McCarron, 717 E. Ridgecrest Road, vice-president and area manager for Flatiron Paving appeared to represent his company and employees. Some Councilmembers expressed a preference for asphalt over concrete citing several reasons such as better surface for jogging, smoother surface for biking, etc, (since no joints are present to buckle) and less original costs. They also expressed a desire to give "local preference" to bidders from Fort Collins, noting that Flatiron, in addition to being the low bidder, is a large local employer and has also donated a large amount of land to the open space and trails system. ' 275 August 5, 1980 Others felt a concrete trail would provide lower maintenance costs and noted that the Parks and Recreation Board had felt that concrete would be better, if affordable, but that the initial cost was prohibitive. City Manager Arnold noted that some of the questions raised regarding the differences in the amounts of the bids could be explained by looking at the amounts bid for site preparation. Councilman Wilkinson made a motion, seconded by Councilman Bowling, to award the bid for Phase II of the Poudre Trail Program to Flatiron Paving Company. Yeas: Councilmembers Bowling, Kross, Wilkinson, and Wilmarth. Nays: Councilwoman Reeves. THE MOTION CARRIED. Resolution Adopted on Historic Old Town Area Plan Following is the City Manager's memorandum on this item: ' "Council needs to hold a public hearing on the Historic Old Town Area Plan and then proceed to officially adopt the plan by Resolution. The plan is an element of the City's Land Use and Core Area Development Plans. It is also the first neighborhood plan prepared for Council adop- tion. Preparation of the plan began some time ago with Old Town area residents. It essentially is their plan. The Cultural Resources and Planning and Zoning Boards have approved the plan. The proposed plan is the same as presented to City Council at their June work session. Adoption of the plan will require numerous follow up actions. The major implementation requirements will be: 1. Formal adoption of design guidelines for construction activities in the Old Town Area. These guidelines will also be applicable in other Historic designation areas. We will schedule a work session date in August to discuss these guidelines. 2. Amendments to the zoning Ordinance Policy 8 on page 18 suggests mixing residential uses with commercial uses within the Historic Old Town Area. The present zoning Ordinance would not allow residential uses. Adoption of the plan and the policy will 276 August 5, 1980 ' require -either changing the zoning Ordinance to allow residential uses or rezoning the area into another zone that will allow the use mix. Staff will follow up on this item for Council consider- ation in September. The plan is well done and represents, a substantial amount of citizen in- put. We recommend its approval." Curt Smith, Director of Planning, briefly described the plan. He noted that the Plan, .if adopted, would be an element of the City's Land Use Plan and of the Core Area Development Plan. It would be the first of the neighborhood plans that the Planning Department has undertaken and an example of the type of planning that will be done on a smaller scale with some of the other areas in the City as part of the Core Area Plan.. It was developed by the Historic Old Town Planning Committee with the aid of the Planning staff. Chuck Peterson, Black's Glass, and Chairman of the Historic Old Town Planning Committee, spoke of the Committee's work on the Plan, noting that they had involved virtually all the merchants and landowners in the area. Curt Smith commented that the concerns expressed by Council when this plan ' was presented at a work session, have been addressed in response to those comments and the changes have been approved by the Historic Old Town Committee. Councilman Wilkinson asked if on page 20, Item 33, the work "public" could be changed to "property owners of Historic Old Town." Curt Smith replied that it was not the City's intent to provide educational programs for the entire City and agreed with Councilman Wilkinson's com- ments. Councilman Wilkinson asked for clarification on page 20, Item 40 Curt Smith replied that this meant that we should not have Ordinances that preclude the owners from saving some of the historic architecture that they own or that would hinder the preservation of the area or encourage incom- patible development that would reduce the historic nature of the area. Councilman Bowling made a motion, seconded by Councilwoman Reeves, to adopt the Resolution. Yeas: Councilmembers Bowling, Kross, Reeves, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. 277 ' August 5, 1980 City Manager Arnold asked that the next four items be dealt with in a general overview of the annexation and zoning issues and then come back and deal with both annexation ordinances and both zoning ordinances specif- ically. Curt Smith gave a slide presentation on the two areas proposed for annex- ation noting that the Planning and Zoning Board had recommended approval for both areas. In regard to the zoning, he discussed the restrictions that are to be made conditions of the zoning and noted that the conditions are acceptable to the applicants. Ordinance Adopted Annexing Property Known as Keenland Annexation Following is the City Manager's memorandum on this item: "Background: This is a request to annex 617 acres known as the Keenland Annexation. ' The property is located south College Avenue. Surrounding of Harmony Road and 1/2 mile east of land use and zoning is as follows: N: R-L-P, R-M-P, R-P, B-P, I-P, City, The Landings and Golden Meadows S: FA-1, County, vacant E: Union Pacific Railroad W: R, FA, County, Fairway Estates and Fossil Creek Estates The property proposed for annexation is generally vacant. Discussion: Relationship to adopted Land Use Policies Plan, specifically the Urban Growth Area Plan: Policy 17 of the City's Land_Use Policies Plan specifically addresses the question of annexation o-T areas on the City's fringe: "The City will establish annexation criteria through which it will consider annexation .proposals." 273 August 5, 1980 ' By the adoption of the Urban Growth Area, such criteria for annexation has been established. The Keenland Annexation is in conformance with these criteria, as listed below: "It is henceforth the policy of the City of Fort Collins to annex any undeveloped land eligible for annexation in accordance with the Statutes of the State of Colorado. The City agrees to consider for annexation any annexa- tion petition for undeveloped land which meets the State of Colorado Statutes for voluntary annexation. Recommendation: Staff recommends approval of the Keenland Annexation (#62-80). Planning and Zoning Board unanimously recommended approval of this item at their June 23, 1980, meeting." Bob Everitt, Everitt Enterprises answered several questions from Council- membersI regarding the Keenland Annexation and zoning. Councilman Wilkinson made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 110, 1980, on First Reading. Yeas: Councilmembers Bowling, Kross, Reeves, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted Annexing Property Known as Fox Ridge Annexation Following is the City Manager's memorandum on this item: "Background: This is a request to annex 241 acres known as the Fox Ridge Annexa- tion. The property is located one mile south of Harmony Road and east of Lemay Avenue extension. At present, the property is not contiguous to existing City limits but will gain its necessary contiguity from the Keenland Annexation directly to the north. 279 August 5, 1980 Surrounding zoning and land uses are as follows: N: FA-1; vacant, site of proposed Keenland Annexation S: FA-1; vacant E: Union Pacific Railroad W: FA-1; vacant The site is generally vacant. Discussion: Relationship to adopted Land Use Policies Plan, specifically the Urban Growth Area Plan: Policy 17 of the City's Land Use Policies Plan specifically addresses the question of annexation of areas on the City's fringe: "The City will establish annexation criteria through which it will consider annexation propo- sals." By the adoption of the Urban Growth Area, such criteria for annexation have been established. The Fox Ridge Annexation is in conformance with these criteria, as listed below: "It is henceforth the policy of the City of Fort Collins to annex any undeveloped land eligible for annexation in accordance with the Statutes of the State of Colorado. The City agrees to consider for annexation any annexa- tion petition for undeveloped land which meets the State of Colorado Statutes for voluntary annexation. Recommendation: Staff recommends approval of the Fox Ridge Annexation (7464-80). Planning and Zoning Board recommended approval of this item with a 5-1 vote at their June 23, 1980, meeting." Ed Zdenek, ZVFK Architects, spoke of the time frame for developing the Fox Ridge Annexation, noting that it would take place over the next 8-10 years and would develop simultaneously with the Keenland property. 280 August 5, 1980 Councilman Bowling made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 111, 1980, on First Reading. Yeas: Councilmembers Bowling, Kross, Reeves, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted As Amended Zoning Property Known as Keenland Annexation Following is the City Manager's memorandum on this item: "Proposal: This is a request to zone the property known as the Keenland Annexa- tion. Applicants are requesting a mix of zoning districts; 113 acres of I-P, Industrial Park, 466 acres of. R-P, Planned Residential; 33 acres of B-P, Planned Business; and 4 acres of T, Transition. Discussion: Planning for the development of a square mile section at one time, as in the case of Keenland, provides an opportunity to develop an inte- grated zoning pattern -- one which could include employment, shopping, residential, and recreational uses. It is important, therefore, when looking at the overall zoning pattern, to insure a proper relationship between those potential land uses. Industrial: Zoning of the 113 acre parcel to I-P is in conformance with the locational criteria in the Land Use Policies Plan. In terms of transportation facilities, the site is exce lent Ty 7ocated with good access to Harmony Road and the Union Pacific Railroad.. Located in close proximity to a major planned residential area, the industrial site will provide employment opportunities to area residents. Residential: The R-P zone would allow for density acres, permitting a good mix of housing the developing industrial/employment node neighborhood commercial center, a mix of the area is appropriate. shifting throughout the 466 types on the site. Given in the area and the proposed residential opportunities in 281 August 5, 1980 Commercial: Applicants are requesting zoning of two B-P sites. The 22-acre parcel located on Harmony Road is proposed as a business hotel with associated specialty retail uses. The 11 acre parcel located 1/4 mile south of Harmony Road, west of Lemay Avenue extended, is planned as a neighborhood shopping center. Zoning of this 11-acre parcel to a neighborhood center conforms to the locational criteria in the Land Use Policies Plan... The attractiveness of the site for a neighborhood center lies With its potential for development as part of an overall master plan for the entire section. It allows for the integration of the site, with its shopping opportunities, with the surrounding residential area and employment center. In terms of site design, planning for a neighbor- hood center as part of an overall plan presents the opportunity to plan for alternative mode of transportation to access the site and to assure that architecturally the center fits in with its surroundings. In this sense, the proposed center conforms to the "ideal" neighborhood model. ' Although the proposed Keenland neighborhood center meets the location - al criteria, staff is concerned about the potential conflict that will develop between this center and the already approved neighborhood center in Golden Meadows. That site, which was approved for 100,000 sq. ft. of retail uses, is located 1/2 mile from the proposed Keenland center. Given the fact that the primary trade area for a neighborhood center is 1 1/2 to 2 square miles, with a supportive population of 12,000 people, competition between the Keenland and Golden Meadows centers may be foreseen. The 22-acre B-P parcel on Harmony Road is being proposed for a busi- ness hotel complex with associated specialty retail. The site is well located, given its excellent access to Harmony Road, approximately 3 miles from the interchange with I-25, and its proximity to a develop- ing employment node in the City. As another B-P site, 11 acres in size, is being proposed for the Keenland property, conditioning uses on this proposed 22-acre B-P site may be appropriate. Recommendation: Staff recommends approval of the Keenland zoning subject to the following conditions: ' 1. The entire site is to be developed under a unified master plan; 282 August 5, 1980 ' 2. The commercial allotment for the R-P portion of the Keenland site be waived. 3. Development in the R-P zone be limited to 8 DU/acre. 4. Eliminate grocery store use from the the 22-acre B-P site. Planning and Zoning Board recommended approval of the Keenland Zoning (#62-80) subject to the above conditions at their June 23, 1980 meeting." Richard Rule, 4824 S. County Road 13, owner of property, surrounded by the Keenland Annexation, expressed a desire to be included in the Keenland Annexation Master Plan and to be zoned B-P, Planned Business with office limitation rather than the T, Transition, that the Ordinance currently shows. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to amend Ordinance No. 112, 1980, to include the property now shown as T, Transitional, in the area to be zoned B-P with a limitation to office use. ' After discussion, Council consensus was to bring Mr. Rule's request back to the Planning and Zoning Board for their review and recommendation. Coun- cilmembers Wilkinson and Reeves withdrew their motion to amend Ordinance No. 112, 1980. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to delete the T, Transitional District, from Ordinance No. 112, 1980, and bring back a separate zoning ordinance on this property after the Planning and Zoning Board has completed their review. Yeas: Councilmembers Bowling, Kross, Reeves, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 112, 1980, on First Reading with the conditions as outlined. Yeas: Councilmembers Bowling, Kross, Reeves, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. 283 August 5, 1980 Ordinance Adopted As Amended Zoning Property Known as Fox Ridge Zoning Following is the City Manager's memorandum on this item: "Background: This is a request to zone the property known as the Fox Ridge Annexa- tion. Applicants are requesting 221.69 R-L-P, Low Density Planned Residential, and 19 acres B-P, Planned Business. Discussion: The Fox Ridge property meets the policy guidelines for residential when the proposed plans for the Keenland property to the north are considered. The Fox Ridge B-P site conforms to the policy guidelines for the location of neighborhood centers. Fossil Creek Parkway is proposed to be extended, as a collector street, and will be located along the ' north property line of the proposed B-P site. In addition, the site's location provides for the optimal two-mile spacing (when considering the Golden Meadows commercial site) between neighborhood centers, essential in order to assure an adequate market area.. Recommendation: Staff recommends approval of the Fox Ridge zoning subject to the condition that development occur under a unified master plan. The Planning and Zoning Board recommended approval of the Fox Ridge Zoning (#64-80), subject to the above condition on a 4-2 vote." Councilman Bowling made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 113, 1980, on First Reading subject to the condition as outlined. Yeas: Councilmembers Bowling, Kross, Reeves, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolutions Adopted Making Findings on the Election Petition and Initiating Annexation Proceedi City Clerk, Wanda Krajicek, explained the process that was used to deter- mine the sufficiency of the petition and noted that it is legally suffi- cient for the calling of the annexation election. 284 August 5, 1980 ' City Attorney, Lucia Liley, pointed out that two Resolutions are included, one declaring that the petition is sufficient and the other setting the date for the hearing on the annexation for September 16, 1980. She further noted that no further action need be taken at this point with regard to the election. The same procedures will be followed as if it had been a normal annexation petition except that on the day of the hearing, Council will need to make a determination as to whether the election needs to be held and begin to take action to hold the election. In addition, she pointed out that it appears that about 3/4 of the property owners who have signed the annexation election petition are currently taking either City water or sewer service which is typically granted only upon a condition that those property owners agree to annex when eligible or when requested by the City. Staff is currently trying to verify whether annexation agree- ments were entered into by those property owners and will report their findings on September 16th. Jerry Nix, property owner and petitioner for the annexation, stated that of the 31 households in the area affected by the annexation, 22 have City water, 3 have City sewer and 9 are on Mountain View Sanitation which is administered by the City. He pointed out that he felt this was a classic instance where County residents are taking full advantage of City benefits ' and services and will obligate the City to continue these services without reciprocal commitments to the City, i.e. annexation. He recommended that Council pursue a strong policy to work with voluntary annexation residents and to enforce and impose any and all special improvements and utility installation requirements to bring forced annexation residents into total compliance with City specifications and building codes. Councilman Wilkinson. made a motion, seconded by Councilman Bowling, to adopt the Resolution Making Findings Relating to a Petition for an Annex- ation Election. Yeas: Councilmembers Bowling, Kross, Reeves, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Councilwoman Reeves made a motion, seconded by Councilman Kross, to adopt the Resolution Initiating Annexation Proceedings for the Vine -LaPorte -Taft Annexation. Yeas: Councilmembers Bowling, Kross, Reeves, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. 285 August 5, 1980 Ordinances Adopted Relating to Bus Benches Following is the City Manager's memorandum on this item: "Pursuant to the direction given City staff by the Council, the following agenda items have been prepared concerning the placement of bus benches in the City: (1) An Ordinance amending the City's sign code which exempts bus benches from its provisions provided the owner has entered into an agreement with the City regulating the benches. (2) An ordinance providing for approval of a five-year contract with Anthony Giacopelli for the placement of bus benches." City Manager John Arnold summarized the background on this item noting that it had been discussed at a work session. He explained that three issues need to be discussed: 1. The awarding of the 5-year contract to Anthony Giacopelli. 2. The question of amending the sign code to make these benches fit. 3. The question of allowing the benches in residential areas. Tony Giacopelli, 3701 Post Road, LaPorte, offered the following as addi- tions to the contract prepared by the City Attorney's office: 1. A $10 contribution to Care -A -Van by Mr. Giacopelli per bench per year for the life of the contract. 2. A bench to be provided to the Lincoln Community Center by Mr. Giacopelli at no cost for the life of the contract. He showed samples of the color schemes proposed for the signage on the benches. Councilman Bowling made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 109, 1980, on First Reading. Yeas: Councilmembers Bowling, Kross, Reeves, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. City Attorney Liley explained that Ordinance No. 108, 1980, would amend the sign code to provide that any advertising on bus benches would be exempted from compliance with the sign code so long as there is an agreement that has been approved by Council regulating such things as size, placement in City right-of-way, etc. r;., August 5, 1980 ' Councilman Wilkinson made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 108, 1980, on First Reading. Yeas: Councilmembers Bowling, Kross and Wilkinson. Nays: Councilmembers Reeves and Wilmarth. THE MOTION CARRIED. Citizen Participation A. Proclamation Designating the Week of August 25-31 as Home Health Care Week.' Assistant Mayor Wilmarth directed that this proclamation was mailed to the Larimer County Visiting Nurses Association as no one Iwas present to accept it. B. Presentation from Robert Trout on Efforts to Obtain a Local Telephone Rate Between Fort Collins and Loveland. Robert Trout, 416 E. 50th, Loveland, read a statement regarding his I request to the P.U.C. to eliminate the long distance rate between Fort Collins and Loveland. Others speaking to the issue were: 1. Bob Ballard, 8112 Hallet Court 2. Michelle Posten, Mountain Bell representative 3. Don McMillen, 121 N. Grant 4. Peggy Griesmiller, 4413 Flat Top Court S. Larry Gillam, 413 E. 50th, Loveland 6. Chris Tometich, 8116 Mummy Range Drive_, Loveland Councilman Wilkinson expressed the opinion that this was a problem between the persons involved and Mountain Bell and stated that he hoped that Mountain Bell would make every effort to see that their phone numbers correspond with their addresses. Councilman Bowling suggested that he would be willing to rehear this argument if Mountain Bell does not take steps to correct the problems and concerns expressed by those speaking. Councilman Kress supported the concept of having toll free calling between Fort Collins and Loveland stating that he hoped it would result in closer ties between the two communities. ' Assistant Mayor Wilmarth closed the discussion by suggesting the persons involved discuss their concerns with Mountain Bell and come back to Council at a later date if the problems still exist. 287 August 5, 1980 Appeal of the Decision of the Zoning Board of Appeals Upheld on Variance Requested by Jay Jenkins at 120 East Myrtle Following is the City Manager's memorandum on this item: "At its regular meeting on July 10, 1980, the Zoning Board of Appeals considered a variance request for the property at 120 East Myrtle Street. This request, heard as Appeal #1152, was denied by a vote of three to one. Mr. Jay Jenkins, petitioner and owner of this property, is appealing this decision. The property at 120 E. Myrtle Street is located in an R-H (high density residential) zone, which allows both residential development and certain business uses, including offices and personal service shops. Mr. Jenkins' variance request is necessary because he wants to convert the property from a residential use to a non-residential use, specifically an office or personal service shop. The property does not meet several of the zoning requirements regulating such uses in the R-H zone. This variance request is part of the new R-H conversion procedure. If the variance is granted, the conversion of the property would still require the approval of the City Council following a recommendation from the Planning and Zoning Board. The property is deficient in meeting the requirements set forth in the Zoning Ordinance for lot width and lot area. Specifically, the variance would reduce the lot area requirement from 12,000 square feet to 2,750 square feet and the lot width requirement from 100 feet to 55 feet for an office or personal service shop in the R-H zone. Staff's recommendation to the Zoning Board of Appeals regarding this item was denial, based on the following factors: (1) There is no hardship since this property has been used as a residence since it was built and there is no reason why a conversion to a non-residential use is absolutely neces- sary. The property can clearly be used as a dwelling, possibly with a permitted home occupation as an accessory use; (2) There is a great deal of parking congestion in the vicinity of the subject property and there is not sufficient room on the property to provide realistically functional. parking spaces. City Council will be reviewing the decision made by the Zoning Board of A,opeals rather than conducting a new hearing. Council members are being furnished with verbatim transcripts of the Zoning Board of Appeals meeting, ' as well as Mr. Jenkins formal submittal materials. In view of these facts, it may be advisable to limit Mr. Jenkins comments to Council to the intro- duction of information not presented at the Zoning Board of Appeals met- ing." 288 City Attorney Ciley explained Board of Appeals noting that in record from the Zoning Board o that was not presented at th addition, any argumentation. August 5, 1980 f e the procedures for appeal from the Zoning the past Council has always considered the Appeals and has only allowed new evidence Zoning Board of Appeals hearing and in Mr. Jenkins nor his representative were not present at the meeting. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to uphold the decision of the Zoning Board of Appeals since the appellant, Jay Jenkins nor his representative were not there to present their case. Yeas: Councilmembers Bowling, Kross, Reeves, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Information on Ditch Consolidation Study Following is the City Manager's memorandum on this item: "Ditch consolidation would be a long and difficult project. However, benefits are sufficient to both the ditch companies and the City to pursue it further. Roger Krempel has been directing this effort, and a steering committee made up of presidents of each of the four ditch companies, along with a member of the Water Board and Storm Drainage Board, has been meeting for about three months, preparing a Scope of Work for the investigation. A news- letter which describes the work done so far by the committee, and a nearly final draft of the Scope of Work, are included under separate cover. By the end of August, we will be ready to seek proposals from consultant engineers to do a study funded by Water Department reserves. Based on this study, we expect the Water Department will be able to change the points of diversion of about 7,500 acre feet of water so that water now owned by the City can be exchanged, stored, or used directly. This should also make the canals available for storm drainage purposes. When we know the cost of the study after requesting proposals and selecting a consultant, we will request an appropriation from reserves to cover the cost." Roger Krempel, Director of Public Works, stated that the steering committee was ready to go out for proposals for the study and since the study is unbudgeted, they would like some assurance from Council that there would be 289 an appropriation available to fund it once for approval to continue the study and some tion would be made when it is necessary. August 5, 1980 the amount is known. He asked indication that an appropria- Councilmembers questioned whether the ditch companies would share in the cost of the study. Roger Krempel replied that ditch company presidents had asked that question and that the study itself should identify the .range of the benefits. If the benefits are predominately to the City of Fort Collins and minimal to the ditch companies, they perhaps would not share in the cost of the study or share in the cost of the final product. The study will determine who bears what share of the cost of the final product. Councilman Kross suggested that a "level of effort" be included in the request for proposals so that consultants would know what the City is expecting and so that there will be a basis for comparison when bids are received. Krempel replied that the "scope of work" should give some indication of the depth of the study. Council indicated a willingness to support this study and directed Mr. Krempel to proceed. Councilmembers' Reports Councilman Wilkinson reported that PRPA Yampa Project, Units 1 and 2 will go to full load the first ten days of August and commercial on August 15. The Rawhide Project transmission line right-of-ways will come on line on time as well. The plant is also on line as far as construction is con- cerned. Councilwoman Reeves reported on the C.O.G. meeting that was also attended by Councilman Wilmarth. The, Weld County Commissioners were not there as they have decided not to support the C.O.G. next year. A committee has been formed to look at the by-laws, the funding and the basic structure of the C.O.G. Councilman Bowling reported on the meeting of the Ad -Hoc Committee of the Fort Collins/Loveland Airport and noted that they had interviewed Mel Johnson and retained him to do a comparative analysis and give suggestions as to the possible land lease figures that could be used in signing H-P land for a major facility at the airport. 290 August 5, 1980 ' City Manager's Report City Manager Arnold called Council's attention to the following: 1. The West Mulberry Street Improvement District #74 work is three weeks behind schedule. The major problem is the relocation of Mountain Bell's telephone poles. 2. Agreements have been reached with the seven property owners associated with the Shields Street sidewalk and bike path. It should be com- pleted by late September. 3. A report on the conversion of vehicles to methane gas. 4. A report on the on -going implementation of the computerized traffic signal control system. 5. Introduced Assistant City Manager, Arlen Wilson, adding that he comes from the U.S. State Department and will be with the City for at least a year as part of the. Pierson Program. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to ' adjourn into Executive Session to discuss land acquisition. Yeas: Coun- cilmembers Bowling, Kross, Wilkinson. Nays: Reeves and Wilmarth THE MOTION CARRIED. Adjournment The meeting adjourned at 9:50 p.m. of er he conclusion of the xecutive Session. A call ATTEST: City Clerk 291 '