HomeMy WebLinkAboutMINUTES-08/19/1980-Regular' August 19, 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 19, 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 Coun-
cilmembers: Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth.
Absent: Councilmember Kross.
Staff Members Present: Arnold, Liley, Lewis, Lanspery, Krajicek, C. Smith,
Mabry, and Ruggiero.
Agenda Review: City Manager
Assistant City Manager Paul Lanspery noted that Item 7, Second Reading of
Ordinance No. 111, 1980, Annexing the Fox Ridge Annexation, and Item 9,
Second eading oofOrdinance N'o--LI3, le8( , oning the Fox Ridge Annexation,
need to be tabled until September 2 and that there had been a request from
Randy Starr, attorney representing Poudre Valley R.E.A., to withdraw Item
6, Second Reading of Ordinance No. 110, 1980, Annexing the Keenland
Annexation, from t e onsentCalendar. e urtif ir noted that t ere
were
two iitems of Other Business and that Council would need to adjourn into
Executive Session to discuss legal matters and land acquisition.
Councilwoman Reeves asked that Item 4, Consider approval of the Minutes of
the Regular Meeting of August 5 and the pecia Meeting of m y 2 980,
be withdrawn and Councilman Wilmarth requested Item 15, Hearing and First
Reading of Ordinance No. 114, 1980, Appropriating Unanticipated Revenues in
the General Fund for Leqal Expenses, be withdrawn.
City Manager John Arnold pointed out that Item 8, Second Reading of Ordi-
nance No. 112, 1980, Zoning the Keenland Annexation, would also need to be
withdrawn or we wou d zone a property before it was annexed.
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.
4. Consider approval of the Minutes of the Regular Meeting of August 5
and the Special Meeting of July 0.
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August 19, 1980 '
Second Reading of Ordinance No. 106, 1980, Increasing Street Over -
sizing ees.
This Ordinance was unanimously adopted on First Reading on August 5th
and would increase the street oversizing fee to $254.00 per D.U. for
residential and $2,296.00 per acre for commercial and industrial.
Second Reading of Ordinance No. 110, 1980, Annexing the Keenland
nn�at.i on .
This Ordinance was unanimously adopted on First Reading on August 5th
and is a request to annex 617 acres located south of Harmony Road and
112 mile east of College Avenue.
Second Reading of Ordinance No. 111, 1980, Annexing the Fox Ridge
nnexation.
This Ordinance was unanimously adopted on First Reading on August 5th
and is a request to annex 241 acres located one mile south of Harmony
Road and east of Lemay Avenue extended.
8. Second Reading of Ordinance No. 112, 1980, Zoning the Keenland Annexa- I
tion.
This Ordinance was unanimously adopted on First Reading on August 5th
and is a request for a mix of zoning districts; 113 acres of I-P; 466
acres of R-P and 33 acres of B-P.
Second Reading of Ordinance No. 113 1980 Zoning the Fox Ridge
Annexation.
This Ordinance was unanimously adopted on First Reading on August 5th
and is a request to zone the Fox Ridge annexation as follows: 221.69
acres, R-L-P and 19 acres, B-P.
10. Routine Deeds and Easements.
Power line easement from Double L & BP Investments, Inc. -
Elizabeth J. Wolf located at 0 W. Mulberry Street for re oca-
tion of power line due to W. Mulberry Street Improvement Dis-
trict. Consideration: $50.00.
B. Power line easement from Bruce E. Miller located in Silverplume
P.U.D., north of Swallow, east of Dunbar, to provide electric
service to Silverplume P.U.D. Consideration: $1.00. 1
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' August 19, 1980
C. Twenty foot subsurface drainage easement from Larimer County
Board of Cooperative Services, 4616 S. Shields, (intersection of
Melds Street aria Harmony Road) for transmittal of storm water
from the Woodlands P.U.D. to Mail Creek which is the natural
drainage swale for that area. Consideration: None.
D. Agreements for Shields Street bike/walkway from Prospect to Bennett
School Road.
GRANTOR CONSIDERATION
Furniss, 1110 W. Prospect Street $2,140
Rudolph, 1509 S. Shields Street 930
Arevalo, 1515 S. Shields Street 904
Worth, 1501 S. Shields Street 5,136
Palmer, 1505 S. Shields Street 3,000
Olander, 1417 S. Shields Street 2,404
Kintzley, 1415 S. Shields Street 1,576
E. Agreement with Western Slope Gas Company for a 75' x 130' meter
station location site and a 7 x 30' easement reserved for the
City; on City property adjacent to Timberline Road and the access
road for the Timberline Park Substation (Station 300). The site
has received Light and Power approval. Consideration: $3,900
($.40 per sq.ft.)
F. Agreement with Everitt Enterprises for a detention pond and
drainage swale located in outhmoor Village East, Third Filing.
Consideration: Donation.
11. Resolution Adopting Rate Schedule for Private Receptions Held in the
Ludlow Rooms of the Lincoln Community Center.
This Resolution would adopt a new rate schedule for private receptions
held in the Ludlow Rooms of the Lincoln Community Center.
12. Three Resolutions Approving Amendments to the Utility Services Rules
and Regulations.
A. Resolution Approving Amendments to the Electric Service Rules and
Regulations.
B. Resolution Approving Amendments to the Water Service Rules and
Regulations.
C. Resolution Approving Amendments to the Sewer Service Rules and
Regulations.
294
August 19, 1980 '
The Finance Department, the Light and Power Department, and the Water
and Sewer Department are proposing that the Utility Services Rules and
Regulations pertaining to utility service deposits be changed so that
a utility deposit may be required if a customer is unable to provide
proof of a satisfactory credit history or has received one or more
final turn-off notices for delinquency.
13. Resolution Authorizing Street Name Change from Sundown Street to
Sonora treet m ea oursLast Subdivision.
This is a City initiated request to change the name of Sundown Street,
located in Meadows East Subdivision, to Sonora Street.
14. Resolution Authorizin the Cit 11ana er to Enter into an Agreement
with the Associated to ents of o ora o tate n�versity or t e
uroose of Providinq rans ort Services.
This Resolution would authorize the City Manager to enter into an
agreement with ASCSU to provide Transfort services in return for
payment of $2.00 per semester for each student attending CSU.
15. Hearing and First Reading Ordinance No. 114, 1980, Appropriating
Rev '
Unanticipated enues in the General Fund for Legal Expenses.
This Ordinance would provide funds to cover costs associated with the
hiring of additional personnel in the City Attorney's Department.
16. Hearing and First Read in of Ordinance No. 115, 1980, Appr.opriatin
Unanticipated Revenues in the apita Projects Fund.
The City of Fort Collins is scheduled to receive a total of $244,158.57
in State surplus revenue for our Street Rehabilitation Program. To
date, we have received $180,009.27 of this amount, and have appro-
priated it in the Capital Projects Fund. .
This Ordinance appropriates the balance of $64,149.30 in the Capital
Projects Fund to support the 1980 Street Rehabilitation Program.
17. Hearinq and First Reading of Ordinance No. 116, 1980, Vacating a
Portion' of a Utility Easement at 301 Bowline, Lot 33, The First Replat
of Landinqs, First Filing.
This Ordinance is a request to vacate a portion of the utility ease-
ment at 301 Bowline, Lot 33, the First Replat of Landings, First
Filing.
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' August 19, 1980
18. Hearing and First Reading of Ordinance No. 117, 1980, Amending Article
I, Chapter 84 to Include the Definition of a Public Place.
This proposed ordinance would establish a definition for a "public
place" as applied in Chapter 84 of the Code of the City of Fort
Collins.
19. Raintree P.U.D., Final Areas A, B, C, D
This is a final proposal for the residential phases of the approved
Raintree P.U.D. Plaster Plan.
20. Woodlands P.U.D., Third Filinq, Final.
This is a request for final approval of the Third Filing of the
Woodlands P.U.D. This is an 88 single family residential P.U.D.
located at Starflower Drive and Larkbunting Drive.
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. 106, 1980, Increasing Street
Oversizing Fees.
Ordinances on First Reading were read by title by City Clerk, Wanda
Krajicek.
Item #16. Hearing and First Readin of Ordinance No. 115, 1980, Appro-
prtattng nanttctpated evenues to the Capital Projects Fund.
Item #17. Hearing and First Readiny of Ordinance No. 116, 1980, Vacating
a�or�ton o a t tty asement at .301 bowline, Lot 33, t e
First Replat of Landings, First Filing.
Item #18. Hearing and First Readingof Ordinance No. 117, 1980, Amending
Article I, Chapter 84 to Include the Definition of a Public
Place.
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to
adopt and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers, Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth.
Nays: None.
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August 19, 1980
THE MOTION CARRIED
Ordinance Annexing the Fox Ridge Annexation
and Ordinance Zoning the Fox Ridge
Annexation, Tabled to September 2
Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to
table Ordinances No. 111, 1980, and Ordinance No. 113, 1980, on Second
Reading until September 2. Yeas: Councilmembers Bowling, Gray, Reeves,
St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Consider Approval of the Minutes
of the Regular Meeting of August 5 and the
Special Meeting of July 29, 1980, Adopted as Amended
Councilwoman Reeves asked that the minutes be amended to reflect that
Councilwoman Reeves and Councilman Wilmarth cast negative votes on the
request for an Executive Session on page 291 of the August 5th minutes.
Councilwoman Reeves made a motion, seconded by Councilman Wilmarth, to
adopt the .August 5th minutes as amended. Yeas: Councilmembers Bowling,
Gray, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None.
THE MOTION CARRIED.
Ordinance Adopted on Second Reading
Annexing Keenland Annexation
Following is the City Manager's memorandum on this item:
"This Ordinance was unanimously adopted on First Reading on August 5th and
is a request to annex 617 acres located south of Harmony Road and 112 mile
east of College Avenue."
Randy Starr,
client's conc
Colorado P.U.0
veninence and
Fort Collins.
City and R.E.A
within annexed
provide servic
attorney representing Poudre Valley R.E.A. expressed his
erns regarding territory that has been certified by the
. to Poudre Valley R.E.A. by a certificate of public con -
necessity and is now proposed for annexation to the City of
He noted that there presently is no agreement between the
with respect to the treatment of present electric service
territory. He stated that Poudre;Valley R.E.A. expected to
a within certificated territory and that they have requested
297
' August 19, 1980
negotiations to begin between the City and R.E.A. to attempt to solve some
of the problems that are associated with the massive annexations that are
taking place. fie requested that the City Council become involved in these.
negotiations and noted that in anticipation of this, Poudre Valley R.E.A.
has appointed two of its board members (Frank Gould and Steven Goodwin) as
their negotiations committee. Additionally, he requested that City Council
appoint two of its members to attend these negotiating sessions to become
aware of what the problems are and how to solve them. He stated that
Poudre Valley R.E.A. had tendered a proposed agreement to the City and had
received a counter proposal and again requested that Council become in-
volved at this point.
Mayor Gray noted that the Keenland annexation was the issue before Council
at this time and suggested that this was not the time for this matter to be
discussed in depth. She stated that the request would be taken under
advisement and discussed at an appropriate time.
Councilman St. Croix made a motion, seconded by Councilman Bowling, to
adopt Ordinance No. 110, 1980 on Second Reading. Yeas: Councilmembers
Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Ordinance Adopted on Second Reading
Zoninq Keenland Annexation
Following is the City Manager's memorandum on this item:
"This Ordinance was unanimously adopted on First Reading on August 5th and
is a request for a mix of zoning districts; 113 acres of I-P; 466 acres of
R-P and 33 acres of B-P. The 4 acre Rule property which was originally
included in this zoning request as T, Transition, will be brought back with
a separate zoning Ordinance once the Planning and Zoning review is com-
plete."
Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt
Ordinance No. 112, 1980, on Second Reading. Yeas: Councilmembers Bowling,
Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Ordinance Appropriating Unanticipated
Revenues in the General Fund for Legal
Expenses Tabled to September 2
Following is the City Manager's memorandum on this item:
298
August 19, 1980
"On the 29th of July, at a work session, the City Council approved a
request made by the City Attorney for additional personnel.
At that time, a representative from Public Works and Water Utilities
advised that, in exchange for the City Attorney's in-house staff expanding
their services to include water utility related cases, Public Works would
be willing to transfer from their budget monies to cover costs associated
with the hiring of a new attorney for the remainder of 1980.
That cost has since been determined to amount to $15,000. With the passage
of this Ordinance, the City Attorney's office would have sufficient funds
budgeted to cover the additional costs associated with the hiring of the
new personnel."
Councilman Wilmarth expressed two concerns about the transferring of funds
for the hiring of additional personnel in the City Attorney's office:
1. That this was not the correct direction for the City Attorney's
office to be heading, i.e. should we be using outside experts
rather than expanding the in-house staff.
2. That this action is part of the budgetary process and these two I
staff positions should be considered when all the other requests
are considered.
Councilman St. Croix suggested that this matter could be tabled until after
the City Attorney's evaluation on Tuesday, August 26th when the whole
matter of the direction of the City Attorney's office would be reviewed.
City Manager John Arnold pointed out that the reason the matter had been
brought "out-of-sinc" was that two highly qualified individuals were
available now and based on Council's action at work session, were hired.
One has already started and one -is scheduled to begin September 2.
Councilman Wilmarth made a motion, seconded by Councilman St. Croix, to
table Ordinance No. 114, 1980, to September 2. Yeas: Councilmembers
Bowling, St. Croix, Wilkinson, and Wilmarth. Nays: Councilmembers Gray
and Reeves.
THE MOTION CARRIED.
Citizen Participation
A. Proclamation Designating August 20 as Fort Collins Day to be delivered.
1
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' August 19, 1980
B. Proclamation Naminq 1981 as the International Year of Disabled Persons.
Reso.lution Appointinq Dorothy D. Lasley as Liaison Person Between the
,ty o ort o ins anc the ounce or the nternationa ear
of Disabled Persons.
The proclamation was read by City Clerk Wanda Krajicek and then
presented to Dorothy D. Lasley who was also designated as liaison
person between the City of Fort Collins and the U.S. Council for the
International Year of Disabled Persons.
Councilman Wilkinson made a motion, seconded by Councilman Wilmarth, to
adopt the Resolution appointing Dorothy D. Lasley as liaison person. Yeas:
Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth.
Nays: None.
THE MOTION CARRIED.
City Manager's Report
City Manager John Arnold called Council's attention to the electric vehicle
program noting that one of the new vans was outside and would be available
for Council inspection.
Assistant City Attorney Pete Ruggiero gave the Council an update on the
status of consolidation of the fire pension funds.
Councilmembers' Reports
Councilman Wilkinson recommended that the name of John J. (Jack) Giuliano
be submitted to the State Electrical Board for possible appointment to that
Board as several vacancies exist.
Councilman Wilkinson made a motion, seconded by Councilman Wilmarth, to
direct a letter be written submitting .the name of John J. (Jack) Giuliano
for consideration tofilla vacancy on the State Electrical Board. Yeas:
Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth.
Nays: None.
THE MOTION CARRIED.
Ordinance Adopted on Second Reading
' Appropriating Funds From Prior Year Reserves
in the Revenue Sharing FUnd
Following is the City Manager's memorandum on this item:
300
August 19, 1980 '
"This Ordinance was adopted by a 3-2 vote on August 5th and would appro-
priate $45,000 from prior year reserves i.n the Revenue Sharing Fund to fund
a proposed study to analyze the feasibility of a convention center complex
in downtown Fort Collins."
Councilman Wilmarth asked that Council reconsider the $45,000 appropriation
to share in the cost of the feasibility study.
Councilman Bowling made a motion, seconded by Councilman Wilkinson, to
adopt Ordinance No. 107, 1980, on Second Reading. Yeas: Councilmembers
Bowling, Gray, Reeves, St. Croix, and Wilkinson. Nays: Councilman Wil-
marth.
THE MOTION CARRIED.
Ordinance Adopted on Second Reading
Amending the Sign Code Relating to
Advertising on Bus Benches
Following is the City Manager's memorandum on this item:
"This Ordinance was adopted by a 3-2 vote on First Reading on August 5th '
and would amend the City's sign code to exempt bus benches from its pro-
visions provided the owner has entered into an agreement with the City
regulating the benches."
Assistant City Attorney Pete Ruggiero noted that in addition to the three
categories of advertising that are presently excluded by the agreement with
Mr. Giacopelli, (alcohol, tobacco, and political) the staff would like to
add one more category, religious advertising. He further stated that
placement of the benches would be regulated under the provisions of the
agreement.
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to
adopt Ordinance No. 108, 1980, on Second Reading. Yeas: Councilmembers
Bowling, St. Croix, Wilkinson, and Wilmarth. Nays: Councilmembers Gray
and Reeves.
THE MOTION CARRIED.
Ordinance Adopted on Second Reading
Approving Contractual Agreement With
Tony Giacopelli for Bus Benches
Following is the City Manager's memorandum on this item: ,
301
August 19, 1980
"This Ordinance was unanimously adopted on First Reading on August 5th and
would authorize the City Manager to enter into an agreement for the pro-
vision of bus benches with Anthony Giacopelli."
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to
adopt Ordinance No. 109, 1980, on Second Reading. Yeas: Councilmembers
Bowling, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: Mayor Gray.
THE MOTION CARRIED.
Resolution Adopted Authorizing the
City Manager to Extend Repay Agreements
Following is the City Manager's memorandum on this item:
"Bartran Homes, Inc. holds a contract with the City for repayment of a
portion of the cost of installation of a 10-inch sanitary sewer main. This
contract was dated November 1, 1970 and covered the 10-inch main which was
extended west through a portion of the Aranci property to the Village West
subdivisions. The City now owns the property (Rolland Moore Park) subject
' to the repay agreement and since there has not been any development of that
property, there has been no repayment. The agreement will expire November
1, 1980, unless extended. Bartran Homes has requested this repay agreement
be extended an additional ten years.
Bartran Homes also holds an agreement dated March 6, 1970, providing for
repayment of a portion of the cost of the 12-inch line which runs generally
north and south across the former Aranci property now owned by the City.
This agreement came about when Bartran Homes paid the Aranci share of that
line cost under a repay agreement between the City and Bajada, Inc. and
provides that Bartran Homes is to be reimbursed a portion of the amount
paid by them whenever the balance of the Aranci lands now owned by the City
are connected to the sewer.
This Resolution would extend the two agreements for a period of time not to
exceed ten years."
Councilwoman Reeves removed herself from consideration and voting on this
item.
City Manager John Arnold noted that the memo should have included the fact
that these repay agreements will cost the City approximately $12,000 at
Rolland Moore Park, if we tie on to sewer.
' Councilman Wilmarth expressed concern that this action might be establish-
ing a precedent for extending other repay agreements past the 10-year
period of time.
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August 19, 1980 '
Councilman Wilkinson stated that he felt the City had an obligation to
extend the repay agreement in this case.
City Attorney Lucia Liley responded that in the majority of cases, there is
a full pay out within the first 10-year period; however, when other agree-
ments have come before Council, they have automatically been extended for
an additional 10-year period.
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to
adopt the Resolution. Yeas: Councilmembers Bowling, Gray, St. Croix,
Wilkinson, and Wilmarth. Nays: None (Reeves out of room).
THE MOTION CARRIED.
Cunningham Corner Preliminary
P.U.D. Amendment Approved
Following is the City Manager's memorandum on this item:
"Background:
This is a request to reconsider amending a portion of Cunningham '
Corner P.U.D., located at the northeast corner of Horsetooth Road and
Shields Street. The proposed amendment consists of 33 patio homes, 44
townhome/condominiums, and 168 apartment/condominiums. The site is
zoned R-P, Planned Residential. The commercial phase in the H-B,
Highway Business zone at the intersection of Shields and Horsetooth is
not being changed by this proposed amendment. The site was annexed to
the City in 1977 and 26.8 acres were zoned R-P, Planned Residential
and 12.4 acres, conditional H-B, Highway Business, in 1978. The
condition for the H-B zone was that the uses be restricted to regional
recreational uses and accessory uses.
The preliminary site plan was approved by Council on December 19,
1978, with final plan review required by the Planning and Zoning
Board. The final site plan was then approved by Planning and Zoning
Board April 19, 1979, and by Council on June 5, 1979. An amendment to
the approved P.U.D. site plan was submitted and considered by the
Planning and Zoning Board at the May 27, 1980 meeting. The Board
voted 4 - 2 to recommend approval of the amendment with the condition
that the applicant reconsider the tennis court location. At the June
17, 1980 Council meeting, a motion to approve the request failed,
2-5. Councilmembers expressed concerns about the density of the
development.
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August 19, 1980
The surrounding zoning and land uses are as follows:
N: R-L; Worthington Farms, Woodwest 7th (existing single
family residences)
S: R-L-P; Vacant .(Four Seasons P.U.D. Master Plan 935
residential dwelling units)
E: R-P; Vacant (Park West preliminary P.U.D. proposal)
W: R-P and R-M-P; Vacant (Werner Annexation - 29.5 acres
R-P and 18.7 acres R-M-P), existing duplexes
and Wagonwheel Subdivision (371 single family
dwellings, zoned R-L-P)
Land Use Data: (Note: Data listed below and under the "Amendment"
column reflect information from the most recently submitted site
plan.)
Total Gross Land Area: 1,706,332 sq. ft.
(As platted and Recorded) (39.17 acres)
Lot 4, Block 5 was deleted
from final P.U.D. submission 67,474 sq. ft.
Adjusted Gross Land Area
Phase Densities
Patio Homes
Townhome/Condominiums
Apartment/Condominiums
Coverage Breakdown
Building Coverage
Driveway Coverage
Patio Homes
Townhomes
1,638,858 sq. ft.
(37.62 acres)
8.2 acres 33 DU 4.0 DU/AC
7.8 acres 44 DU 5.6 DU/AC
9.5 acres 168 DU 17.7 DU/AC
Original Plat Amendment
sq.ft. sq.ft. %
286,750
13,680
28,570
Off Street Parking
Apartment/Condos 67,487
Commercial 234,934
Total 344,671
Public Street R.O.W. 357,004
Total Open Space 650,433
On Lot Open Space
Total Active Open Space 253,471
Residential Density 7.2 DU/AC
(25.542 Acres)
17.5% 233,380 14%
11,880
16,975
104,500
234,934
21%
339,434
21%
22%
294,648
18%
39.5%
602,805
38%
152,386
9%
15%
309,293
19%
9.6 DU/AC
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August 19, 1980
Parking Spaces
Original Plat
Amendment
Commerical
421
421
Patio Homes
76
66
Townhomes
124
88
Condominiums
154
292
Total
775
867
Building Types
Original Plat
Amendment
Patio Homes
2 or 3 Bedroom Units 18
3 Bedroom Units 20
Total 38
Total Floor Area 49,800 sq. ft.
Sq. Ft. Land Coverage 49,720 sq. ft.
Townhome/Condominiums
2 or 3 Bedroom Units 62
Total Floor Area 124,000 sq. ft
Sq. Ft. Land Coverage 89,280 sq. ft
Apartment/condominiums
1 Bedroom Units
2 Bedroom Units
3 Bedroom Units
Total
Total Units
Total Floor Area
Sq. Ft. Land Coverage
Commercial
Sq. Ft. Coverage/
Floor Area
Discussion:
79
12
91
191
91,000 sq. ft
48,350 sq. ft
22
11
—30-
40,700 sq. ft.
44,770 sq. ft.
44
66,000 sq. ft.
26,400 sq. ft.
42
126
168
245
174,972 sq. ft.
58,850 sq. ft.
99,400 sq. ft. 101,400 sq. ft.
The following indicate changes to the approved site plan as proposed by the
amendment presently being reconsidered:
1. Several changes have been made in the circulation system at staff's
request. Windmill Drive has been shifted to the eastern property
line. Marathon Drive has become a cul-de-sac, renamed Marathon Court,
and Medallion Drive has been deleted.
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August 19, 1980
2. Five patio home lots in Phase One have been deleted. The detention
area has been increased and three tennis courts and a'shelter have
been added in this phase. The tennis courts and shelter have been
shifted south, away from the property to the north. The original
jogging trail throughout the development has been retained.
3. Eighteen dwelling units have been deleted in Phase Two, providing
additional open space. The concept of townhome units has been changed
to townhome/ condominiums with private driveways and sidewalks to the
open space areas. The units have been re -oriented on east/ west axes.
The commercial area in Phase Two was deleted from the final P.U.D.
site plan. This area has now been included in the proposed amendment
with the access internally off Marathon Court. Total area of this
commercial site is 9,800 square feet.
4. The concept of condominium units in Phase Three has been changed to
apartment/condominiums and the number of dwelling units has been
increased to 168 units from the approved 91 units. The initial
amendment request was for 216 units in Phase Three, giving an over-all
density of 11.47 DU/AC. The proposed over-all density is now 9.6
DU/AC. This has been achieved by eliminating four twelve-plex build-
ings. Phase Three has been designed to cluster the buildings around
open space where possible. As a result, cluster areas have been
formed in both the north and south areas of the Phase. The applicant
has relocated one of the apartment/condominium buildings in the
central area of Phase Three, which was a condition of approval by the
Planning and Zoning Board. Pedestrian walkways to the commercial
phase and to the tennis courts are provided, as are walkways within
Phase Three between the buildings and open space areas.
Recommendation:
Staff feels that the applicant has provided a better site design
than was originally approved, specifically by addressing the circula-
tion and the clustering of units around open space in Phase Three.
The site plan submitted for reconsideration has decreased the apart-
ment/condominium phase densities, as well as the over-all density, and
moved the tennis courts farther south from the existing single-family
dwellings in Woodwest. The central area of Phase Three has been
revised, relocating one of the buildings inward toward the H-B area.
This provides more of a clustered effect in this area, while retaining
a visible connection with the open space in Phase Two. The Staff and
the Planning and Zoning Board recommend approval of the project
(#39-80)."
Planning Director Curt Smith reviewed the history of this item and gave a
brief slide presentation on the changes that have been made by the devel-
oper.
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August 19, 1980 '
Les Kaplan, representing the applicant, further explained the revisions
that had been made, noting that the replat has 56,000 additional square
feet of active open space and reduces the street right-of-way from 22% to
18%.
Councilman Bowling made a motion, seconded by Councilman Wilkinson, to
approve Cunningham Corner Preliminary P.U.D. Amendment. Yeas: Council -
members Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays:
None.
THE MOTION CARRIED.
Ordinance Tabled on First Reading
Amending the Zoning Ordinance Relating
to Group Homes in Residential Areas
Following is the City Manager's memorandum on this item:
"This proposed ordinance would:
1. Require by definition that group homes be operated as single
dwellings and be licensed by an appropriate governmental agency.
'
2. Allow group homes in all residential zones, but restrict their
size and scale in each zone to that of the other residential uses
allowed in that zone.
3. Establish minimum distance separation requirements between group
homes.
The zoning ordinance at present makes no specific provision for group
homes. The proposed amendment is intended to provide adequately for the
increasing utilization of group homes within the community, but to require
that they be physically compatible with their neighborhood and that they
not be over concentrated in any neighborhood.
The attached Planning staff report discusses the need for the City to
establish regulations to direct the location and development of group
homes. It also provides general background information on group homes as
well as a survey of zoning ordinance treatments of this use elsewhere.
The issue and the proposed ordinance have received considerable discussion
before the Planning and Zoning Board. The staff and the Planning and
Zoning Board recommend approval of the ordinance (#56-80)."
Senior Planner, Paul Diebel commented on the ordinance inoting that it had
of
'
been prompted by specific requests for oper.ation of group homes outside
the R-H zone.
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I
August 19, 1980
Ile summarized a report that had been prepared for the Planning and Zoning
Board explaining that it identified the primary concerns of the City with
respect to group homes. The concerns being: that they be operated pro-
perly and that the residents pose no threat to health and welfare of the
community in general or the neighbors in the particular; that the size and
scale be consistent with the general characteristics of the neighborhood in
which it is located and; that group homes not be overly concentrated in any
one neighborhood. The proposed ordinance addresses those concerns.
Betty Jo White, 321 S. Sherwood, a neighbor of a group home, expressed her
support for the group home concept.
Councilman Wilkinson expressed his concern that the ordinance does not
offer protection to the individuals in the neighborhood and felt there
needed to be some discussion on other unanswered questions.
Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to
table Ordinance No. 118, 1980, on First Reading to a work session within
the next 60 days. Yeas: Councilmembers Bowling, St. Croix, Wilkinson, and
Wilmarth. Nays: Councilmembers Gray and Reeves.
THE MOTION CARRIED.
Other Business
A. Award of Bid for Shields Street Sidewalk District #8.
Following is the City Manager's memorandum on this item:
At 2:00 P.M., August 19th, the City received -bids for the construction
of this project. Bids are tabulated as follows
Kiefer Concrete $.25,714.36
Lang -Murphy 25,951.00
Song Bird Construction 31,614.76
Engineers Estimate 24,604.00
The low bid from Kiefer Concrete exceeded the Engineers estimate by
$1,110 or 4.5%.
The project budget is detailed as follows:
' Engineering
Right of way
Construction
Contingency
Total
Original
Revised
$ 4,850
$ 3,878.20 *
29,300
20,290.00 *
9,400
25,714.36
2,050
1,300.00
45,600
3 51,182.56
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August 19, 1980 '
Less assessable construction costs $ 4,711.00
Total in excess of budget�I.-5�
*Funds already committed or encumbered
An additional $871.56 would be transferred to the project from the
1980 Streets Contingency Fund. Construction on the project should
begin in approximately 2 weeks with 20 working days permitted for
completion.
The staff recommends award of the bid to Kiefer Concrete for $25,714.36."
Councilman Bowling made a motion, seconded by Councilman St. Croix, to
award the bid to Kiefer Concrete for $25,714.36. Yeas: Council -
members Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth.
Nays: None.
THE MOTION CARRIED.
Resolution Adopted Authorizing the
Execution of a Quit Claim_Deed for the
Benefit of Medema Homes J_ '
Assistant City Attorney, Pete Ruggiero, explained that this Resolution was
needed because of a discrepancy between the platted boundary of Golden
Meadows Subdivision, 3rd Filing, and the fence which marks the existing
boundary of the subdivision that borders Collindale Golf Course.
The City and the developer both feel the problem can be resolved if the
City would quit claim to the developer a strip of land varying from 2' to
9' in width along the south border of the golf course in exchange for an
agreement in which the developer would construct a fence along the boundary
of the golf course and the subdivision.
The Resolution was read at length by City Clerk, Wanda Krajicek.
Councilman Wilmarth made a motion, seconded by Councilman St. Croix, to
adopt the Resolution as presented. Yeas: Councilmembers Bowling, Gray,
Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Executive Session Authorized
Councilman Bowling made a motion, seconded by Councilman Wilkinson, to '
adjourn the meeting into Executive Session for the .purpose of discussing
legal matters and land acquisition. Yeas: Councilmembers Bowling, Gray,
Reeves, St. Croix, and Wilkinson. Nays: Councilman Wilmarth.
309
THE MOTION CARRIED
Adjournment
August 19, 1980
At the conclusion of the Executive Session, Councilman Bowling made a
motion, seconded by Councilman St. Croix, to adjourn the meeting. Yeas:
Councilmembers Bowling, Gray, Reeves, and St. Croix. Nays: None. (Coun-
cilmembers Wilkinson and Wilmarth did not attend Executive Session).
THE MOTION CARRIED.
The meeting adjourned at 9:00 p.m
ATTEST:
City Clerk'
310