HomeMy WebLinkAboutMINUTES-10/21/1980-RegularOctober 21, 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, October 21, 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, Kross, Reeves, St. Croix, Wilkinson, and
Wilmarth.
Staff Members Present: Arnold, Liley, Lanspery, Davis„ Lewis, C. Smith,
Mabry, Ruggiero, M. .Smith, Lee, Powers, Selberg,
Griep, Barnes, and Wood.
Aqenda Review: City Manager
' City Manager Arnold requested that Item #34, Resolution Approving Renewal
of Bishopp Farms Lease, be tabled; and that tem 58, Resolution Setting
ForthFindings o acts and Conclusions Re ardin the Fuqua nnexation, be
designated as a Public Hearing. ere wi a an uther business item: a
Resolution authorizing in -kind expenditures in support of the lottery
issue.
Councilman Wilkinson requested that Item #10, Hearing and First Reading of
Ordinance No. 128, 1980, Relatingto Alarm Systems, be .withdrawn from the
Consent Calendar.
Councilman Wilmarth requested that Item #21, Resolution Approvinc_the
Makin of an Offer to the Personal Representatives of the Portner Estate
for the Purc ase of Lot 3 , B oc and Item 29, Hearing and first
ea ino o Ordinance No. O,,Adoptinq the 1981 City o For
o ins
an, be withdrawn Trom the consent Laie
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.
'
9. Second Reading of Ordinances Annexing and Zoning the Blehm Annexation.
370
October 21, 1980
1
A. Second Reading of Ordinance No. 124, 1980, Annexing Property
Known as Blehm Annexation.
B. Second Reading of Ordinance No. 125, 1980, Zoning Property Known
as Blehm Annexation.
10. Second Reading of Ordinance No 128, 1980 Relating to Alarm Systems.
Staff recommends denial of this Ordinance on Second Reading.
11. Second Readin of Three Ordinances Relatingto the Adoption by Refer-
ence o the Bui ding ec anica , and Plumbing Codes.
A. Second Reading of Ordinance No. 129, 1980, Adopting by ReFerence
the Uniform Building Code, 1979 Edition, Volume I, and the
Uniform Building Code Standards, 1979 Edition.
B. Second Reading of Ordinance No. 130, 1980,. Adopting by Reference
the Uniform Mechanical Code, 1979 Edition.
C. Second Reading of Ordinance No. 131, 1980, Adopting by Reference
the Uniform Plumbing Code, 1979 Edition. '
These three Ordinances were unanimously adopted on First Reading on
October 7 and would adopt by reference the 1979 Editions of the
Uniform Building Code and Uniform Building Standards, the Uniform
Mechanical Code, and the Uniform Plumbing Code.
12. Second Reading of Ordinance No. 132 1980, Relating to Elections.
This Ordinance was adopted on First Reading on October 7 by a 5-1
vote. It adopts a new District/Precinct map, sets the polling places
for the 54 precincts, increases the compensation paid to election
judges from $30 to $40 and raises rental for polling places from $14
to $20.
13. Second Reading of Ordinance No. 133 1980 Zoning Property Known as
This Ordinance was unanimously adopted on First Reading on October 7
and is a request to zone 3.7 acres? located 1/4 mile south of Harmony
Road and east of County Road 13 (Lemay Avenue extended) to B-P,
Planned Business.
371 ,
14. Second Reading of Ordinance No. 134
Dedication of 0 asement—First Rem
October 21, 1980
Vacating 6' Easement and
This Ordinance was unanimously adopted on First Reading on October 7
and is a request to vacate a portion of the dedicated easements along
the northerly right-of-way line of Whalers Way; along the southerly
lot lines of Lots 41, 42, 43, 44, 45, and 45A, being a portion of the
First Replat of Whaler's Cove.
15. Second Reading of Ordinance No. 135, 1980, Vacating Easements Between
This Ordinance was unanimously adopted on First Reading on October 7
and is a request to vacate the easements along the south sides of Lots
14 and 21 and the north sides of Lots 15 and 20 in Block 4 of the Fox
Meadows Subdivision.
16. Second Reading of Ordinance No. 136, 1980, Appropriating Unanticipated
Revenues in the General Fund.
This Ordinance was unanimously adopted on First Reading on October 7
and appropriates $400 for construction, tools, containers, and cloth-
ing associated with the Milkhouse Project and $8,000 for additional
communication equipment to upgrade the dispatch services system.
17. Second Readin of Ordinance No. 137, 1980, Appropriating Prior Year
Reserves in t e o f Fund
This Ordinance was unanimously adopted on First Reading on October 7
and it appropriates $7,493 for the 1980 lease payment on all golf
carts used at the two City golf courses.
18. Second Readin of Ordinance No. 138, 1980, Establishin the Plannin
an Zoning Board as M a Aut ority on Pre iminary and Fina Subdivi
-
sions and PlannedUnit �Developments wit anAppeal of TheirDecision
to the City Council.
This Ordinance was unanimously adopted as amended on First Reading on
October 7 and would give the Planning and Zoning Board final authority
for review of preliminary and final subdivisions and planned unit
developments.
19. Resolution Providing for Review in One Year of Ordinance No. 138,
980, Which Established the Planning and Zoning Board as Final Author-
ity on u Tv_ sions an .s.
' This Resolution provides for review of Ordinance No. 138 establishing
the Planning and Zoning Board as the final authority on subdivisions
372
October 21, 1980 '
and P.U.D.s approximately one year from this date, so that Council may
determine if the Ordinance is fair, efficient and workable after
actual implementation.
20. Second Reading of Ordinances
Authority of the Planning and
ding the Code as it Relates to the
A'. Second Reading of Ordinance No. 139, 1980, Amending Chapter 99 of
the Code Relating to the Authority of the Planning and Zoning
Board.
B. Second Reading of Ordinance No. 140, 1980, Amending Chapter 118
of the Code Relating to the Authority of the Planning and Zoning
Board.
These two Ordinances were unanimously adopted on First Reading on
October 7 and amend Chapters 99 and 118 of the Code relating to the
Authority of the Planning and Zoning Board.
21. Resolution Approvin the Makin of an Offer to the Personal Represen-
tatives o t e ortner state or t e Purchase OT LotBlock ,
itv of Fort Collins.
The Portner Estate is interested in selling a parcel of property
located in the LaPorte Parking Lot and has entertained several offers
for the purchase of this property. Staff believes that an offer of
$30,000 would be appropriate and reflective of the value of the
property to the City.
11. Hearing and First Reading of Ordinance No. 141, 1980, Appropriating
Prior Year Reserves in the Seven Year Capital Fund.
This ordinance would appropriate $30,000 for the purchase of the
Portner Property which is consistent with the original Downtown
Redevelopment Program.
23. Authorization for City Mana er and City Clerk to Execute a Contract
with R or Profess na ysis o Nine uiIdingS Tor ner y
Inefficiencies.
As part of the initial process of the energy plan, the City has
selected nine buildings to be analyzed by professional architects/
engineers for their energy inefficiencies. From this study, energy
conservation measures will be identified and ,recommended for imple-
mentation. The contract is for the study of these nine buildings by
the firm ARIX at a cost of $24,400.
373
I
October 21, 1980
24. Hearin and First Readin of Ordinance No. 142, 1980, Appropriatin
nanticipate evenues in t e Energy Conservation rant un .
This Ordinance will appropriate $9,002.00 for an energy inefficiencies
study on the Old City Hall, Service Center Building "A", Service
Center Building "B", Municipal Swimming Pool, Museum, Library, and the
Downtown Community Center.
25. Hearing and First Reading of Ordinance No. 143, 1980 Vacating6-Foot
Easement and Dedication of 0-Foot Easement, First Replat of Whalers
This is a request for approval of the vacation of a 6-foot utility
easement along the northerly right-of-way line of Whalers Way, the
southerly lot lines of Lots 1, 34, 35, 36, 37, 38, 39, 40 and Tracts
"B" and "C", all described lots being a portion of the First Replat of
Whalers Cove.
26. Hearing and First Reading of Ordinance No. 144, 1980, Rezoning Prop-
erty no
wn as t e i inq— s Rezoninq.
This is a request to
Residential District,
rezone .8 acres currently in
to R-P, Planned Residential
the 1-1, Low Density
District, located at
the northeast corner
of the intersection of West
Elizabeth Street and
Overland Trail.
11. Hearin and First Reading
of Ordinance No. 145,
1980, Rezoning Prop-
erty Known as o _ en
_ ea ows Rezonin4.
This is a request to rezone 54 acres currently zoned B-P, Conditional
Planned Business, R-P, Planned Residential, R-M-P, Medium Density
Planned Residential, and R-L-P, Low Density Planned Residential to
B-P, R-P, and R-M-P, located north of Harmony Road between Lemay
Avenue and McMurry Avenue.
28. Hearing and First Reading of Ordinance No. 146, 1980, Amending Section
99-4 of the Code Providingfor the Inclusion of Acknowledgement by all
Uw—n—e—r-s--a—n-d Proprietors of Property to e atte .
This Ordinance amends the Code to require all owners to sign plats and
brings our Code into conformity with State statutes.
29. Hearin and First Readin of Ordinance No. 147, 1980, Adopting the
9 ity of Fort of ins ay Plan.
This Ordinance
adopts the 1981 City
of Fort
Collins Pay
Plan. It
represents an
average increase of
9.3% to
employees'
salaries.
374
30. Resolution to Approve Amendments to the
o t e ammng an onmg oar .
October 21, 1980
Rules of Procedure
This Resolution makes minor amendments to the By -Laws and Rules of
Procedure of the Planning and Zoning Board.
31. Resolution Adoptin a Fees and Char es Policy for the Department of
Parks an ecreation.
This Resolution adopts a recreation fees and charges policy for the
Department of Parks and Recreation.
32. Resolution Initiatin Annexation Proceedings for the Fairway Estates
us ess nnexatJon.
Council adopted a resolution initiating annexation proceedings for the
Fairway Estates Business Annexation on September 16th. However,
because of errors in the legal description as set out, we are doing a
new resolution at this meeting, and changing the hearing date to
December 16.
33. Resolutito Chan e the Street Name of Tech Street to Monte Carlo
rive in ton o o en ea ows - Subdivis1on i fth Fi I m g.
This a request for a street name change from Tech Street to Monte
Carlo Drive, located in Golden Meadows (Fifth Filing) Subdivision.
34. Resolution Approving Renewal_ of Lease with Bish
Farms/Fort Collins -
This Resolution would approve renewal of the Bishopp Farms lease
for airport property. Bishopp Farms has contracted with the cities of
Fort Collins and Loveland to grow wheat on the'unused land at the Fort
Collins -Loveland Airport for the last six years. The contract, or
lease agreement, is now due for a three-year renewal.
35. Resolution Authorizin the City to Enter into an A reement with the
Union aci is ai % as aro is er or t e nsta an ono a
Water Line Crossinq on Riverside Avenue.
Harold S. Fisher has sought approval of the Union Pacific Railroad
Company for the installation of a water line crossing on Riverside
Avenue under the railroad right-of-way. The railroad has no objection
to this crossing and has prepared an agreement for execution by Mr.
Fisher, the railroad company and the City of Fort Collins as "Assig-
nee".
375
36. Resolution
Water Line
October 21, 1980
ing an Agreement with the Union Pacific Railroad for a
This Resolution approves an agreement with the Union Pacific Railroad
for a crossing needed as part of the Horsetooth Water Line Phase
"C" Project. The agreement permits installation of a 20" underground
water line located on East Horsetooth Road at the Union Pacific
crossing.
37. Resolution Approvin Application for a Temporary Use Permit from the
CW ND or 60 cre-feet o Water.
This Resolution approves the City's application for a Temporary Use
Permit for 260 acre-foot units of water from the Northern Colorado
Water Conservancy District. This water is being transferred to the
City from Tri-Trend Inc. to partially satisfy water rights require-
ments for the Rossborough Subdivision.
38. Routine Deeds and Easements.
A. Dedication Deed from Wood Brothers Homes, Inc. to replace a
six-foot utility easement that was vacated by Ordinance No. 134,
1980, with a ten -foot utility easement in the First Replat of
Whaler's Cove. Consideration: None.
B. Dedication Deed from Osprey Homes, Inc. to replace a six-foot
utility easement vacate y r inance No. 1980, with a
ten -foot utility easement in the First Replat of Whaler's Cove.
Consideration: None.
C. Dedication Deed from Osprey Homes, Inc. for a ten -foot drainage
easement in the First Rep at of The Landings P.U.D. Considera-
tion: None.
Sidewalk Easement from Lake Sherwood Venture (Everitt Enter-
prises), located on Lot 18 of the econ ep at of part of Lake
Sherwood 2nd Filing (Lake Sherwood 3rd P.U.D.), to dedicate
property for part of a sidewalk so that' it will be in conformity
with the approved site plan. Consideration: None.
E. Utility Easement from Double A Investments to add an additional
ten feet to a ten -foot easement .in'.Lot 14 of the Overland Trail
Farm Subdivision, needed for a high pressure water line. Con-
sideration: None.
F. Utility Easement from the Cities of Fort Collins and Loveland to
Public Service Company and Mountain States Telephone and Tele-
grap or uti ity Ines crossing airport property. Consideration
paid to Cities: $1.00.
376
October 21, 1980 '
G. Warranty Deed from Tri-Trend, Inc. donating Tracts 8, C, and D
for storm drainage purposes in tFie Rossborough 1st Filing Sub-
division. Consideration: None.
H. Dedication from Edward Salazar and Louis and Mary Valdez for
property north of Vest PocT<et Park needed for storm drainage in
connection with the Andersonville/Alta Vista Street Paving
Project. Consideration: $720.00 (16d per sq. ft.).
39. First Christian Church, Phase I, Preliminary and Final
This is a request for an amendment to the approved first phase
preliminary P.U.D. plat and approval of the final P.U.D. plat of the
First Christian Church. The proposed amendment is to expand the first
phase from 50,000 sq. ft. to 54,000 square feet (8% increase). The
site is located on the southeast corner of the intersection of Lemay
Avenue and Drake Road.
40. Greenbriar Condominiums Preliminary P.U.D.
This is a request for preliminary planned unit development approval
for 12.0788 acres consisting of 240 condominium apartment units I
located at Redwood Street and Willox Lane.
41. Hill Pond Second Filing, Single Family Area.
This is a request for preliminary planned unit development approval
for 25.95 acres consisting of 42 single family lots and 12.93 acres of
open space located south of Sheely Drive, north of Spring Creek,
and east of Shields Street.
42. Overland Trail Farm P.U.D., Final.
This is a request for final P.U.D. approval for 122 residential
units, a combination of townhomes, patio homes, and single family
residences, on 23.7 acres located east of Overland Trail, south of
Elizabeth, and adjacent to an approved City park.
43. Scenic Views Preliminary P.U.D.
This is a request for preliminary approval of a 194-unit P.U.D. on
22.8 acres, located at West Elizabeth and Overland Trail, zoned R-P,
Planned Residential.
,r
44, Third Replat of Whalers Cove, Final.
This is a request for final approval of a request to replat Lots '
95, 96, 97 of the Second Replat of Whalers Cove.
377
I
October 21, 1980
Ordinances on Second Reading were read by title by Deputy City Clerk, Molly
Davis.
j
Item #9. Second Reading of Ordinances Annexing and Zoning the Blehm
Annexation.
Item #11. Second Reading of. Three Ordinances Relating to the Adoption by
e erence o t e ui in ec am ca anPlumbing Codes.
Item #12. Second Reading of Ordinance No. 132, 1980, Relating to Elections.
Item #13. Second Reading of Ordinance No. 133, 1980, Zoning Property Known
as the Kule Property.
Item #14. Second Readi�n--��--o__f�Ordinance No. 134, 1980, Vacating 6' Ea
and Dedicatio�l asement, irst eplat of Jha ers
Item #15. Second Readin of Ordinance No. 135, 1980, Vacatir
etween o s 13, and —is02r oBT cmeadows.
Item #16. Second Reading of Ordinance No. 136, 1980, AppropriatingUnanti-
cipated Revenues in the General Fund.
Item #17. Second Reading of Ordinance No. 137, 1980, AppropriatingPrior
ear eserves in t e bolt Fund
Item #18. Second Readinq of Ordinance No. 138. 1980, Establishinq the
Item #20. Second Readin of Ordinances Amendi
t e Aut ority o the Planning and on
the Code as it Relates
Ordinances on First Reading were read by title by Deputy City Clerk, Molly
Davis.
Item #22. Hearin and First Reading of: Ordinance No. 141, 1980, Appro-
priating Prior ear Reserves in the even Year apita FunT
Item #24. Hearing and First Reading of Ordinance'No.
priating Unanticipate Revenues in the Energy
2, 1980,
iservation
IV -
ant
Fund.
Item #25. Hearing and First Reading of Ordinance No. 143, 1980 Vacating
6-Foot Easement and
Dedication of 10 -Foot Easement, First ep at
' of Whalers ove.
378
October 21, 1980 '
Item #26. Hearing and First .Reading of Ordinance No. 144, 1980, Rezoni
Property Known as the Giddings Rezoning.
Item #27. Hearin and First Readin of Ordinance No. 145, 1980, Rezoni
rnnarty nnwn as ,n an ea ows ezonlnq.
Item #28. Hearin and First Readig of Ordinance No. 146, 1980, Amendi
ection - o t e ode Provi ing or the
-Inclusion o c no
edaement by all Owners and Vroprietors of Property to be Pla
Councilman Bowling made a motion, seconded by Councilman Kross, to adopt
and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and
Wilmarth. Nays: None.
THE MOTION CARRIED.
Ordinance Relating to Alarm Systems,
Denied on Second Reading _
Following is the City Manager's memorandum on this item:
t
"Since first reading, several questions have arisen as to certain sections
within the existing alarm code. These certain sections, as they are found
in the existing code, relate to clerical and enforcement functions which
are presently handled by three different departments. Members of these
departments are involved in discussions which would transfer authority
among the departments in the hope of alleviating the duplication of work
which is presently encountered. As no final decision has yet. been made
with reference to the transfer of clerical and enforcement functions, it is
impossible to include these changes as amendments to the present ordinance.
Staff recommends denial of the alarm ordinance which is presently before
the City Council. Should the Council accept this recommendation, the staff
shall (upon resolving pending questions) prepare a new ordinance which
would encompass all necessary amendments to the alarm code."
Councilman Wilkinson requested that any item with reversal of the recom-
mendation on Second Reading not appear on the Consent Calendar.
Councilman Wilkinson made a motion, seconded by Councilman Bowling to deny
Ordinance No. 128, 1980, on Second Reading. Yeas: Councilmembers Bowling,
Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
'
096
' October 21, 1980
Resolution Approving the Making of an
Offer to the Personal Representatives
of the Portner Estate for the Purchase
of Lot 37. Block 21. Denied
Following is the City Manager's memorandum on this item:
"The Portner Estate is interested in selling a parcel of property located.
in the LaPorte Parking Lot and has entertained several offers for the
purchase of this property. Staff believes that an offer of $30,000 would
be appropriate and reflective of the value of the property to the City.
The Portner Estate owns one lot in the middle of the LaPorte Parking Lot
(formerly the America Lot). Since this parcel could hinder our use of the
parking lot, access via the road, and any future development, we feel we
should acquire this lot."
Councilman Wilmarth questioned the $6.32 per square foot purchase price for
this lot and asked whether the property could be effectively used by
anyone. A formal appraisal should be done before the property is acquired,
and the property could be obtained by condemnation later if needed when the
' proposed railroad development takes place in the area.
Councilman Kross asked about current lease arrangements.
Councilman Wilkinson inquired about the predicted value of the property if
condemnation would take place later after the area is developed.
City Attorney Lucia Liley stated an appraisal would have to be done, and
value would be based on the development potential of the lot.
City Manager Arnold compared this purchase price to the $8 per square foot
cost for the grain elevator purchase. He also stated this would be impor-
tant in terms of control of the parking lot. Furthermore, the City has a
master plan agreement with the Burlington Northern on this entire area
which calls for the City to purchase this lot. Negotiated purchase is
preferable to condemnation.
Councilman Wilmarth made a motion, seconded, by Mayor Gray, to deny the
Resolution. Yeas: Councilmembers Bowling, Gray, Kross, St. Croix, Wilk-
inson, and Wilmarth. Nays: Councilwoman Reeves.
THE MOTION CARRIED.
Ordinance Adopting the 1981 City of Fort
' Collins Pay Plan, Adopted on First Reading
Following is the City Manager's memorandum on this item:
380
October 21, 1980
"The attached pay plan ordinance .is submitted for approval. It represents
an average increase of 9.3% to employees' salaries. The breakdown by
occupational categories is as follows:
Occupational Categories 1981 % Increase
Police 10%
Fire 9.7%
Professional, Administrative,
Technological 9.2% -
Labor Trades
(Light and Power: Labor Trades - 13%)
Clerical, Technical 6.5% is
Councilman Wilmarth asked about the 9.3% average pay increase when only an
8% increase was built into the budget.
City Manager Arnold replied that the difference will be made up by the
normal delay in filling vacancies. In addition, the 9.3% includes fringe
benefits.
Councilman Wilmarth made a motion, seconded by Councilman Wilkinson, to '
adopt Ordinance No. 147, 1980, on First Reading. Yeas: Councilmembers
Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays:
None.
THE MOTION CARRIED.
Resolution Approving Renewal of
Lease with Bishopp Farms/Fort Collins -
Loveland Airport, Tabled
Following is the City Manager's memorandum on this item:
"The attached Resolution would approve renewal of the Bishopp Farms lease
for airport property. Bishopp Farms has contracted with the cities of Fort
Collins and Loveland to grow wheat on the unused land at the Fort Collins -
Loveland Airport for the last six years. The contract, or lease agreement,
is now due for a three-year renewal.
Two changes have been made, which are as follows:
1. The airport will be entitled to 35% of the gross proceeds and Bishopp
Farms 65%. (The previous lease gave the airport 33 1/3% and Bishopp
Farms 66 2/3%.) '
331
' October 21, 1980
2. An additional statement that gives Bishopp Farms the first option to
renew the contract at the end of the three-year period on August 31,
1983.
Revenues from wheat sales for 1979 amounted to $10,608.76.
This was tabled to be reviewed by the Airport Ad Hoc Committee to ensure
that lease renewal would not interfere with development of the airport
land, as planned. The review revealed no conflict."
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to
table the Resolution to November 18th. Yeas: Councilmembers Bowling,
Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Ordinance Adopted on First Reading
Appropriating Prior Year Reserves in the
Revenue Sharing Fund to the Capital Projects Fund
Following is the City Manager's memorandum on this item:
' "The attached Ordinance appropriates $129,600 from prior year reserves in
the Revenue Sharing Fund to the Capital Projects Fund for converting City
vehicles for operation on methane fuel.
A short time ago we brought to you a draft proposal for the conversion of
City vehicles for operation on methane, compressed natural gas (CNG).
Prior to that presentation we had selected 100 vehicles as good candidates
for conversion. Staff considered propane and liquid natural gas in addi-
tion to CNG. Based largely on vehicle operating conditions and the cost
of fuel, we recommended CNG.
You asked that we develop the concept further.
There are several advantages to CNG..,. It is lessi'expensive, and cleaner
burning than gasoline. Long term supplies of natural gas may be larger
than the oil reserves. Significantly, major natural gas reserves exist in
our region, reducing the risk of fuel cut-offs in a mid -east war.' 'Natural
gas, or methane, is a renewable fuel. At some point it may be cost effec-
tive for the City to install scrubbers at Waste Water Plant #2, where
enough sewer gas might be produced to meet almost all 'of our ,vehicle fuel
needs.
The methane fuel will save the departments money. Over the next few years
these savings will be more than enough to justify the initial investment.
' But, departments do not have the dollar reserves to permit them to front
end the costs.
382
October 21, 1980 '
With that in mind, this project seems to be a good fit for revenue sharing
as it is consistent with Council's philosophy of using Revenue Sharing
funds for one-time expenditures which will save the City money."
City Manager Arnold briefly described the project.
Barry Selberg, Transfort Manager and Technology Agent in connection with
Public Technology, Inc., presented a brief slide program on the project.
Councilwoman Reeves made a motion, seconded by Councilman Wilkinson,
to adopt Ordinance No. 148 on First Reading. Yeas: Councilmembers Bowling
Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Ordinance Adopted on First Reading
Appropriating Unanticipated Revenues
in the Capital Projects Fund
Following is the City Manager's memorandum on this item:
"This Ordinance appropriates the transfer from the Revenue Sharing Fund to '
the Capital Projects Fund for expenditure in 1980. The expense of $129,600
is for the purpose of converting City vehicles for operation on methane
fuel."
Councilwoman Reeves made a motion, seconded by Councilman Wilkinson,
to adopt Ordinance No. 149 on First Reading. Yeas: Councilmembers Bowling
Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None
THE MOTION CARRIED.
Ordinances Adopted on First Reading
Setting the Salaries of the City Manager
the City Attorney, and the Municipal Judge
Following is the City Manager's memorandum on this item:
"A. Ordinance No. 150, 1980 increases the salary of the City Manager from
$43,500 per year to $50,000 per year. Council has previously dis-
cussed this matter but needs to take official action by Ordinance.
B. Ordinance No. 151, 1980 increases the salary of. theXity Attorney from
$29,500 per year to $33,000 per year. .'Council has,'also discussed this '
and needs to take official action by Ordinance.
383
October 21, 1980
C. Ordinance No. 152, 1980 will set the salary of the Municipal Judge,
which has not been previously discussed by Council. The present
salary is $32,000. Attached is a memo from Judge John Tobin request-
ing that the salary of the Municipal Judge be set at $34,826 per
year."
Councilman Kross made a motion, seconded by Councilwoman Reeves, to adopt
Ordinance No. 150, 1980, on First Reading. Yeas: Councilmembers Bowling,
Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Councilman Wilmarth compared the proposed salary increase for the City
Attorney with the proposed increase for the Municipal Judge.
Councilman Wilmarth made a motion, seconded by Councilman Bowling, to amend
Ordinance No. 151, 1980 to be within the same guidelines as Ordinance No.
152, which would be an 8.8% increase, creating a salary of $32,096 for the
City Attorney. Yeas: Councilmembers St. Croix, Wilmarth, and Bowling.
Nays: Councilmembers Gray, Kross, Reeves, and Wilkinson.
THE MOTION FAILED.
Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, to
adopt Ordinance No. 151, 1980 on First Reading. Yeas: Councilmembers
Gray, Kross, Reeves, St. Croix, and Wilkinson. Nays: Councilmembers
Wilmarth and Bowling.
THE MOTION CARRIED.
Councilman Wilmarth stated he would support a salary for the Municipal
Judge in line with the $36,500 salary paid to County Judges.
Councilman Wilmarth made a motion, seconded,by St. Croix, to amend Ordi-
nance No. 152, to set the salary of the Municipal Judge' -at $36,500. Yeas:
Councilmembers St. Croix, Wilmarth, and Bowling. Nays: Councilmembers
Kross, Reeves, Wilkinson, and Gray.
THE MOTION FAILED.
Councilwoman Reeves made a motion, seconded by Councilman Kross, to adopt
Ordinance No. 152, 1980, setting the salary of the. Municipal Judge at
$34,826. Yeas: Councilmembers Reeves, St. Croix, Wilkinson, Wilmarth,
Bowling, Gray, and Kross. Nays: None.
THE MOTION CARRIED.
384
October 21, 1980 '
Ordinance Adopted on First Reading
Amending Certain Sections of Chapter 118
of the Code of the City of Fort
Collins Zoning Ordinance
Following is the City Manager's memorandum on this item:
"This is a staff initiated request to amend certain portions of the Zoning
and Planned Unit Development regulations as detailed in the attached draft
ordinance. Items 1-9, 13, and 14 are basically housecleaning items.
Sections 12, 15, and 16 are amendments which would update the ordinance
relative to current City policies and plans. Sections 10 and 11 are amend-
ments to certain portions of the zoning ordinance which have been difficult
to enforce by the City and have created past problems for the community.
The reasons for each of the amendments are as follows:
Section 1:
The present ordinance would not permit solar energy devices to be
constructed above the maximum building height. Chimneys, ventilators,
heating and cooling units, and other similar apparatus are permitted.
The City should encourage the use and commercialization of solar
energy devices. Removing this provision would allow developers and
consumers to iniate energy conserving design options without unneces-
,
sary hindrance.
Section 2:
The existing code section currently requires a 60' lot width for all
uses, even though a 25' side yard is required for schools and church-
es. The 100' lot width for schools and churches would be more in line
with the side yard requirement and would also eliminate some possible
zoning variances for parking due to the lack of available land.
Section 3.
The existing code section again requires a 25' side yard for schools
or churches, but only a 60' lot width. The 100' lot width would be
more in line with the side yard requirement and ensure availability of
additional lot area for required parking.
Section 4:
This revision would allow duplexes to have the same side yard require-
ment as one -family dwellings rather than multiple family dwellings.
They currently have the same lot width and lot area requirement as
required by one -family dwellings. Duplexes are seldom taller or
larger than a majority of single family dwellings and therefore should
share the same density requirements as single family homes.
Section 5:
'
This.revision would allow duplexes to have the same side yard require-
ment ;as one -family dwellinqs rather than multiple family dwellings.
t�
' October 21, 1980
They currently have the same lot width and lot area requirement as
required by one -family dwellings. Duplexes are seldom taller or
larger than a majority of single family dwellings and therefore should
share the same density requirements as single family homes.
Section 6:
Currently this code section reads only "churches". The proposed
revision would allow for meeting places and incidental office space as
is presently allowed in the R-M, Medium Density Residential Zone,
which is a more restrictive zone.
Section 7:
This would change "children's center" to "child care center" and
reword the rest of the current code section to make it more readily
understood and easier to work with.
Section 8:
This revision would allow duplexes to have the same side yard require-
ment as one -family dwellings rather than multiple family dwellings.
They currently have the same lot width and lot area requirement as
required by one -family dwellings. Duplexes are seldom taller or
larger than a majority of single family dwellings and therefore should
share the same density requirements as single family homes.
Section 9:
The list of uses for the B-L zone is an all inclusive list which does
not provide for shopping centers. The code, however, does say this
district is designated as areas for neighborhood convenience centers.
The City has interpreted that definition to include shopping centers.,
even though they are not a listed use. This has caused much confusion
and needs to be resolved.
Section 10:
This revision deletes the renting of rooms as a permitted home
occupation. Currently, a family can rent rooms to not more than four
persons as a home occupation as long .as the renters do not eat on the
premises. This type of home occupation has lended itself to abuse and
has allowed property owners to circumvent the zoning laws regarding
the definition of a family.. On several recent occasions, citizens
have filed zoning complaints against property owners having more than
three unrelated people living together.; When our office has notified
the owner of the alleged violation, the owner consults a realtor who
advises the owners to apply for a home. occupation. If the required
parking is provided, the City has no choice but to issue a C.O. for
the home occupation. However, the City is unable to enforce the
condition that the renter not eat on the premises. , The result is
seven (7) unrelated people living together as a ,family when code
allows no more than three. To avoid such abuses, the staff is recom-
mending the deletion of "renting of rooms" as a permitted home occupa-
'
tion.
9M
October 21, 1980
Section 11:
This deletes the existing code section which allows lots platted prior
to 1965 to have the required lot area and lot width reduced by one-
third. For example, an, office in the R-H zone requires 100' of lot
width. If it was platted prior to 1965, only 66 2/3' of lot width is
required.
Another example would be that a property owner could build two du-
plexes on a lot 40' wide with 8,000 square feet in lot area and not
need a variance where normally a 60' width and 12,000 sq. feet lot
would be required. This encourages abuse of the established and
current density requirements. The original intent of this ordinance
was to allow development of undeveloped lots, not to crowd additional
buildings onto lots or encourage conversions of existing residential
uses to more intense uses. The deletion of this ordinance would
require property owners whose lot widths or lot areas are less than
required by the zoning district to request variances for any proposed
alterations or new development. Under the proposed amendment, the
variance requests would be fewer and cause less confusion to ZBA
members.
Section 12:
This amendment would add "structures" to the list of items which must ,
meet the 40' maximum height requirement.
Section 13:
Recently, a number of residents of Fort Collins approached the City of
Fort Collins with inquiries about earth sheltered and underground
structures. The present zoning ordinance would not permit this type
of construction. The staff feels that underground structures should
be allowed for reasons of energy efficiency and ecological sensiti-
vity. Existing building codes are capable of handling the special
health and safety concerns connected with underground structures
designed for human occupancy.
Section 14:
This code section is no longer required as it was superceded by the
enactment of Ordinance 70-79, which defines and regulates the develop-
ment of flood hazard areas.
Section 15:
These two paragraphs were incorrectly deleted from the P.U.D. regula-
tions by Ordinance 172-79 which established procedures and processes
for approving master plans and phasing of preliminary plans. The
staff 'is recommending incorporation into the present regulations.
Section 16: I
This code section is no longer,_:necessary as:the City Council has made
a policy decision that private 'streets shall not be permitted.
387
October 21, 1980
taff Recommendation:
The staff recommends approval of the proposed changes to the zoning and
P.U.D. regulations as outlined in the attached draft.
Planninq and Zoninq Board Recommendation:
At their regular business meeting on September 22, 1980, the Planning and
Zoning Board recommended approval of the Ordinance Amendments (#108-80) for
Sections 1 through 10 and 12 through 16 on a 7-0 vote. They recommended
denial of Section 11 on a 4-3 vote.
Zoning Board of Appeals Recommendation:
At their regular business meeting on October 9, 1980, the Zoning Board of
Appeals recommended approval of the Ordinance Amendments for all. sections
as outlined in the staff memo."
Pete Barnes, City Zoning Administrator, stated this is a staff initiated
item, primarily for clarification of the Code.
' Councilman Wilkinson commented on the potential impact of Section 13
relating to earth sheltered and underground structures.
Councilman St. Croix commented on Section 1 relating to solar energy
devices constructed above maximum building height and expressed concern for
the possibility of unsightly solar units.
Councilwoman Reeves expressed concern for Section 10 relating to renting of
rooms as a permitted home occupation.
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to
amend the Ordinance by deleting Section 1, Section 10, and Section 13, to
be brought back for discussion at a work session. Yeas: Councilmembers
Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays:
None.
THE MOTION CARRIED.
Councilman Wilkinson made a motion, seconded by Councilman Bowling,
to adopt Ordinance No. 153, as amended, on First Reading. Yeas: Council -
members Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth.
Nays: None.
I
THE MOTION CARRIED.
Im
October 21, 1980 '
City Manager's Report
City Manager Arnold reported on the following items:
(1) The total street improvement work to be done this year totals almost
$4.2 million, of which 65% is City money and 35% is state, federal, or
urban systems money.
(2) Work on Mulberry is continuing. Completion is anticipated for this
year with final close-out next spring.
(3) Information on procedures for Boards and Commissions appointments has
been provided for Council review.
(4) Ellen Thexton was appointed chairman of the Rocky Mountain Arts
Consortium.
(5) Non-CSU ridership on Transfort is up 27% in 1980. Expenditures are up
9% over 1979 for this year.
(6) General Revenue Sharing has not passed the Congress yet. Our 1980 '
budget needs $237,000, which is the last payment of the year from
General Revenue Sharing. Our 1981 budget will need $1,026,975.
(7) Railroad crossings are being repaired with tilted rails from Laurel to
Mountain.
(8) A recommendation has been received from the Parks and Recreation
Advisory Board that funding be worked out for the completion of
Rolland Moore Park.
(9) Grading and graveling of streets in Alta Vista is proceeding in
preparation for paving.
Council then recessed from 6:30 to 7:30.
Citizen Participation
A. Proclamation Naming the Week of October 26-31 as Foothills Sertoma
Club Haunted House Week.
The proclamation was read by Deputy City C,lerk Molly Davis and then
received by representatives of the:!Foothills�Sertoma Club.
:•
October 21, 1980
B. Presentation of plaque to Jack Curfman.
Mayor Gray presented a plaque with the following inscription:
"To Jack Curfman, environmental designer, for his
outstanding contribution to Fort Collins and Colorado.
We have placed him in the category of a true national
treasure. For years he has given freely of his time
and his genius. His works reflect thoughtfulness,
sensitivity, and great skill. Your City salutes
you."
City Attorney's Report
City Attorney Liley reported on status of the 1980 census. Planning has
now estimated the City's population at between 69,000 and 71,000. The
preliminary figures received from Washington, D.C. have placed the popula-
tion at 66,230. The difference relates primarily to the number of single -
person households. The local office has refused to reconsider the City's
appeal on this single -person household issue, and the City has since
' appealed to the regional office in Denver. Planning has conducted a phone
survey in one large census tract, and the results have been sent to Denver.
We anticipate no further action at this time. At this point, it is
difficult to correlate Larimer County voter registrations with City popu-
lation.
Councilmembers' Reports
1. Councilman Bowling stated a report on the airport would be made during
discussion of the airport master plan.
2. Councilman Kross reported on a meeting of the Intergovernmental
Relations Committee at which transportation planning was discussed
with Loveland Councilmembers.
3. Councilwoman Reeves reported on a meeting of the Productivity and
Finance Subcommittee that dealt with suggestions on productivity and
the citizen survey to be done.
4. Councilman Wilmarth reported on a -'-meeting to. be held with the dis-
tricts on consolidation.
5. Councilman Wilmarth reported on the success of the Lincoln Center 2nd
Anniversary celebration.
390
October 21, 1980 '
Mayor Gray requested authorization to contact legislators and candi-
dates on General Revenue Sharing. The consensus was in favor of
this.
Public Hearing on Airport Master Plan Update
Mayor Gray opened the public hearing.
Councilman Bowling stated that the master plan is being presented to
Council as recommended by the Airport Ad Hoc Committee, with an amendment
to the plan relating to zoning.
There being no further comments from the audience or Councilmembers, Mayor
Gray declared the public hearing closed.
City Attorney Liley stated that the following Resolution would adopt the
Master Plan with. the amendment mentioned by Councilman Bowling.
Resolution Adopting Recommendations
Contained Within the Airport '
Master Plan Update Report, Adopted
Following is the City Manager's memorandum on this item:
"In November, 1979, the two cities of Loveland and Fort Collins contracted
with CH2M Hill (Denver) to update the Airport Master Plan. The FAA has
funded 80% of the costs. An advisory Committee was appointed, which
consisted of three members from each city and three members from Larimer
County.
During the subsequent ten months, six public meetings have been held in
Loveland and Fort Collins as various phases of the plan were completed. An
information briefing was given on July 28th for the Larimer County Commis-
sioners by the two city managers, and a public hearing was held on June
30th on the Environmental Impact Assessment Report section of the Plan.
In reviewing the proposed zoning change from "Residential" to "Airport" for
the area west of the airport that includes the Boyd Lake Shores Planned
Development, the Ad Hoc Committee does not agree with the recommended
change. The 1974 Airport Master Plan recommended "Residential" zoning for
this area and the Boyd Lake Shores developers subsequently planned, de-
signed, and constructed utilities,,,in the area ''for residential development.
The public hearing on noise and other environmental impacts did not produce
complaints from the present Boyd Lake residents on noise from the airport, '
so the Ad Hoc Committee does not believe that a change in zoning is meri-
ted.
391
October 21, 1980
The Plan is now completed and has been favorably reviewed by the FAA and
the Airport Ad Hoc Committee with the exception of the zoning recommenda-
tion.
The attached Resolution accepts the recommendations as supported by the FAA
and the Airport Ad Hoc Committee."
Councilman Bowling made a motion, seconded by Councilman Kross, to adopt
the Resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St.
Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution Adopting 1981 City Budget
and Setting Mill Levy, Adopted
Following is the City Manager's memorandum on this item:
"This Resolution adopts the 1981 Budget for the City of Fort Collins. The
total budget is $78,639,436. Changes from the Recommended 1981 Budget are
as follows:
GENERAL FUND
Expenditures
Personal Services
Pay Plan Adjustments and Increased
Pension Costs (all departments)
Contractual Services
Transfer of lease/purchase costs on
equipment from Parks Maintenance to
Cemeteries
Addition of lease/purchase costs for
15 police radios
Increased car allowance costs and printing
of City Council agendas
Decreased insurance premiums
Capital Outlay
Increased Library book budget
Transfers
Parking Fund Subsidy
392
TOTAL ADJUSTMENTS
$54,070
(2,450)
3,189
5,473
(78,667)
4,635
13,750
$ -0-
October 21, 1980
1
PARKING FUND
Expenditures
Addition of 1 FTE Parking Enforcement
Officer and necessary equipment $32,411
WAREHOUSE FUND
Expenditures
Increased pension costs $ 3,464
The mil levy will continue at 9.1 mils; softball fees remain at $350 per
team; and the library book budget was increased by $4,635."
Mayor Gray stated that additional public input on the budget would be
received under the next item.
Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, to ,
adopt the Resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves,
St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Ordinance Adopted on First Reading
Making the 1981 Annual Appropriations
and Setting the Mill Levy _ _
Following is the City Manager's memorandum on this item:
"This Ordinance appropriates the 1981 Annual Budget of $78,639,436 and sets
the mil levy at 9.1 mils."
Mayor Gray then opened the discussion for public input.
Dana Bornheim, 1204 Hillcrest, spoke in regard to softball fees and a
proposed softball association.
Mark Thomas, 1919 Southdown Court, also spoke concerning the softball issue
and the "quality of life" philosophy.
Chuck Mayhugh, 2833 Eagle Drive, representing the Parks and Recreation
Advisory Board, presented a recommendat'ion from the Board urging Council to '
approve the supplemental budget request for Parks and Recreation.
393
October 21, 1960
Councilwoman Reeves stated that softball fees may have been too low for too
long, making last year's increase seem drastic.
Councilman Bowling made a motion, seconded by Councilwoman Reeves, to refer
the following to the Parks and Recreation Advisory Board for their recom-
mendations before next year's budget hearings:
1. Limiting each individual to one softball team.
2. Limiting the softball program to Fort Collins area residents.
3. Analysis of facilities to determine the number of teams each will
support, and a recommendation on the limit for the number of
teams.
Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson,
and Wilmarth. Nays: None.
THE MOTION CARRIED.
Councilman Wilmarth requested that the Parks and Recreation Board meet with
' the softball groups on the proposal for an association.
Councilman Wilmarth also repeated his comments from previous discussions
that the library be placed in the "maintenance of effort" category instead
of the "quality of life" category.
Mayor Gray stated that Mr. Wilmarth's request would be taken under advise-
ment and considered at the proper time.
Councilman St. Croix supported the pay-as-you-go concept for recreation and
stated that maintenance of facilities is a direct cost. He supported the
$350 fee for softball.
Councilman Kross stated he would be willing to consider a reduction of
softball fees to $250. Revenues lost could be made up from contingencies.
Councilman Kross made a motion to reduce the softball fees to $250. The
motion died for lack of a second.
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to
guarantee funding for .Care -A -Van under the major plan. Yeas: Council -
members Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth.
Nays: None.
THE MOTION CARRIED..
I
City Manager Arnold stated that the Ordinance should be amended to correct
an error in the figure for the Library from "$600,795" to "$660,795."
0101H
October 21, 1980
1
Councilwoman Reeves made a motion, seconded by Councilman Kross, to amend
the Ordinance to change the figure for the Library from "$600,795" to
11$660,795". Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix,
Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Councilman Bowling made a motion, seconded by Councilman Wilkinson,
to adopt Ordinance No. 154, 1980, as amended, on First Reading. Yeas:
Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson, and
Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution Setting Forth Findings
of Facts and Conclusions Regarding
the Fuqua Annexation
Mayor Gray stated that this is a public hearing for the Fuqua Annexation.
Following is the City Manager's memorandum on this item: '
"The attached Resolution makes findings relating to the Fuqua Annexation, as
required before consideration of the following annexation and zoning.
ordinances. The Resolution states that the proposed annexation meets the
requirements for annexation and is therefore eligible to be annexed."
Emery McSay of 6422 Kyle Avenue, an adjacent property owner, expressed
concerns about design plans for the area to be annexed and about the
meeting held between City planners and area residents.
Councilman Wilkinson asked how many people live within the area to be
annexed.
Curt Smith, Planning Director, replied that no one lives within the annexa-
tion area and the property is undeveloped. The meeting held was with
residents living primarily to the west of the property to be annexed.
Councilman Wilkinson made a motion, seconded by Councilman Bowling,
to adopt the Resolution. Yeas: Councilmembers Bowling, Gray, Kross, St.
Croix, Wilkinson, and Wilmarth. Nays: Councilwoman Reeves.
THE MOTION CARRIED.
395
1
Ordinance Adopted on First Reading
Annexing Property Known As
Fuqua Annexation
October 21, 1980
Following is the City Manager's memorandum on this item:
"Background
This is a request to annex 129 acres known as the Fuqua Annexation.
The property is located north of Co. Rd. 34 and west of Co. Rd. 13
(Lemay
Avenue extended). The property is contiguous to the existing city
limits,
gaining its necessary contiguity from the Kroepel Annexation.
Surrounding zoning and land uses are as follows:
N: proposed Huntington Mews Annexation; proposed zoning, RLP
S: FA1, vacant
W: FA, Lyn Acres Subdivision, vacant land
E: proposed Kroepel Annexation
Included with this proposed annexation parcel is a 10.9 acre tract
of land
owned by the South Fort Collins Sanitation District. This tract was the
site of a lagoon and is presently vacant. The District has not signed the
annexation petition and thus, is not a voluntary participant. The
remain-
ing 118 acres is under one ownership and represents the voluntary
portion
of the annexation petition.
The Fuqua Annexation is in conformance with annexation criteria as
1) 1/6
of its boundary is contiguous to city limits, and 2) the annexation
is over
50% voluntary.
Recommendation
Staff recommends approval of the Fuqua Annexation.
Planning and Zoning. Board recommended approval of the Fuqua Annexation
(#99-80) on a 5-1 vote."
Councilwoman Reeves stated she had concerns that the annexation is prema-
ture because development may not occur for quite some time.
Councilman Bowling made a motion, seconded by Councilman Wilkinson,
to adopt Ordinance No. 155, 1980, on First Reading. Yeas: Councilmembers
Bowling, Gray, Kross, St. Croix, Wilkinson, and Wilmarth. Nays: Council-
woman Reeves.
' THE MOTION CARRIED.
396
October 21, 1980 '
Ordinance Adopted on First Reading
Zoning Property Known as Fuqua Annexation
Following is the City Manager's memorandum on this item:
"Background
This is a request to zone the property known as the Fuqua Annexation.
Applicants are requesting the 129 acre parcel be zoned RLP, Low Density
Planned Residential.
It should be noted that the Fuqua property meets the locational criteria
for R-L-P only when the proposed plans for annexations to the north are
considered, i.e., planned park, shoppping, employment, and school sites.
Recommendation
Staff recommends approval of the Fuqua Zoning, RLP, subject to the property
being developed as a unified P.U.D.
Planning and Zoning Board recommended approval of the Fuqua Zoning (;#99-80)
Planned Residential, subject to the property being
'
to R-L-P, Low Density
developed as a unified P.U.D., on a 5-0 vote with one abstention."
Councilman Wilmarth expressed concerns about meeting City obligations while
controlling the situation in the Urban Growth Area. We are zoning ahead of
progress. A staging process for zoning within the Urban Growth Area needs
to be addressed.
Councilman Bowling stated that zoning should be delayed only if it is a
City -initiated annexation. Owner requested zoning should not be delayed if
it fits within our pattern.
Curt Smith, Planning Director, discussed phasing and application criteria
for the Urban Growth Area and the new point system.
Councilman Wilkinson made a motion, seconded by Councilman Bowling,
to adopt Ordinance No. 156, 1980, on First Reading. Yeas: Councilmembers
Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: Council-
man Kross.
THE MOTION CARRIED.
397 '
7
October 21, 1980
Ordinance Denied on First Reading
Rezoning Property Known as the
Loop -Miller Enterprises Rezoning
Following is the City Manager's memorandum on this item:
"Site Description
This is a request to rezone Lot 2, Lemay Subdivision, 2nd Filing, currently
in the B-L, Limited Business District, to B-P, Planned Business District,
located at the southwest corner of the intersection of Lemay Avenue and
Garfield Street.
Reason for Request
The following is quoted directly from the Rezoning Petition submitted by
Bruce Wasko, Agent, Loop -Miller Enterprises:
REZONING JUSTIFICATION
"The request to rezone Lot 2 Lemay Subdivision to B-P zoning is made in
order to allow a children's center in the commercial building on the
'
property. This property is now in the B-L zone. Both the present zoning
and the requested zoning allow business uses. This property and the
adjoining property which is zoned for business use provide retail and
other commercial services for the surrounding residential neighborhood
(primarily University Acres and Highlander Heights) and medically oriented
services in connection with the Poudre Valley Hospital. The location of a
children's center on this site would provide a needed service to this
neighborhood. This service is not now provided in this area. If such a
service is not available in this neighborhood, the residents will have to
travel to other parts of the city to obtain such service. This particular
site is well suited for a children's center. Ample parking is available,
and access to the site is from a major arterial street. Location of a
children's center on this site would recognize that operation of a chil-
dren's center is a business and not a residential use. In residential
neighborhoods children's centers can present substantial adverse impacts
because of increased traffic', noise and the like. Also in residential
neighborhoods such facilities are often: located in converted residences
which do not readily adapt to an adequate day care facility. On the other
hand, such use on this site complements the other commercial uses on the
site. Any increase in traffic to and on the site is desirable to the
other businesses in the area.
Since this site is already zoned and developed for commercial uses the Land
'
Use Policies Plan does not directly relate to this rezoning application
t is submitteUThowever, that this request is compatible with the plan and
particularly with policies 3b, 3d, 20, 21, 49 and 63. .
01
Site Background October 21, 1980 '
The site was zoned B-L, Limited Business District, during the general
rezoning of the entire city of Fort Collins in 1965. Lot 2 of the Lemay
Subdivision, 2nd Filing, was also created in 1965. There have been no
previous rezoning requests for the site.
Staff Discussion and Comments
The City's Comprehensive Plan. However, since the site is already devel-
oped, the Land Use Policies Plan cannot be used to evaluate the request.
Therefore, the request as een evaluated on the following general welfare
considerations.
1. Has there been substantial change of conditions in the vicinity
of the property in question?
The major change in the vicinity of the property has been the
expansion of the Hospital. However, the staff does not believe
that this change justifies the rezoning. In addition the property
was developed within the last year under the B-L zoning district
requirements and no changes have occurred since the property was
developed. ,
2. Have time and experience demonstrated that the existing zoning
is unwise or in need of change?
The staff believes that recent development of the subject property
indicates that the present zoning is still appropriate.
3. Are there adequate transportation, recreation, educational, utility
and other facilities to accommodate the uses permitted in the re-
quested zone?
Such services and facilities are generally available to the
site to accommodate uses allowed in the requested B-P zone.
4. What is the need in the vicinity and/or community, as a whole,
for the addition of the requested zone?
There are sufficient areas, appropriately zoned, available in the
immediate vicinity of the subject property which could accommodate
the day care center. Therefore, the staff does not believe there
is a need for the requested additional B-P zoning."
Curt Smith, Planning Director, described the proposed zoning and presented
staff and Planning and Zoning Board concerns. Staff has recommended denial
of the rezoning request, and the Planning and Zoning Board has unanimously ,
recommended denial.
399
October 21, 1980
Arthur March, Jr., attorney representing the applicant, stated that the
petitioner considered two alternatives in this matter: 1) to ask for B-P
zoning to allow for a child care center in the complex; and 2) to request
an Ordinance change to allow child care centers in the B-L zone. Mr. March
stated that there have been substantial changes in the area as well as in
attitudes about the desirability of children's centers in commercial areas.
Mr. March also pointed to a 1965 agreement between the City and Lemay Inc.
relating to zoning uses on this property. The allowed uses included
"nursery schools" in the "D" Commercial zone.
Mr. Ron Wedgell, representing Loop -Miller Enterprises, spoke about the
proposed shopping center and the need for a child care facility in the
area.
Mr. Bill Rogers, president of Little People's Development, supported the
concept of child care centers in commercial developments.
Katherine Streit, representing the Sophisticated Ladies Fitness Salons,
supported having a child care center at the shopping center.
Oliver Richardson, representing The Dance Gallery, stated a child care
center would be compatible with his business in the shopping center.
Attorney March presented a petition in support of the rezoning circulated
'
to area residents.
Councilman Wilmarth made a motion, seconded by Councilman Bowling, to deny
Ordinance No. 157, 1980 on First Reading and have an Ordinance prepared to
allow day care centers in all zones. This motion was later withdrawn.
City Attorney Liley clarified that "day care homes" are allowed in the R-L
zone, but "child care centers" are not allowed in that zone.
Councilman Wilmarth made a motion to deny the rezoning and ask for an
Ordinance to be prepared relating to day care homes and day care centers in
all zones. This motion was later withdrawn.
Councilman Bowling made a motion, seconded by Councilman Kross, to deny
Ordinance No. 157, 1980 on First Reading. Yeas: Councilmembers-Reeves,
St. Croix, Wilmarth, Bowling, and Gray. Nays: Councilmembers Kross and
Wilkinson.
THE MOTION CARRIED.
Councilman Bowling made a motion, seconded by Councilman Wilmarth, to
instruct the staff to prepare an Ordinance allowing day care centers under
the PUD concept in all zones with the exception of the R-L zone. Yeas:
Councilmembers Reeves, St. Croix, Wilmarth, Bowling, and Gray. Nays:
' Councilmembers Wilkinson and Kross.
THE MOTION CARRIED.
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October 21, 1980 '
City Attorney Liley stated this Ordinance would be reviewed by the Planning
and Zoning Board before coming back to City Council.
Other Business
1. Resolution Adopted Endorsin the Makin of Contributions and Contri-
butions In -Kind or t e Purpose of romotin a Constitutiona Amend-
ment in the State of Colorado Authorizing a tate Lottery.
City Manager Arnold stated Council has received this Resolution with
the agenda packet. It would authorize in -kind contributions such as
staff time and xerox costs.
Councilwoman Reeves made a motion, seconded by Councilman Kross to
adopt the Resolution. Yeas: Councilmembers Bowling, Gray, Kross,
Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
2. Resolution Adopted Concerning the Fort Collins -Loveland Airport.
City Attorney Liley read the proposed resolution at length. '
Councilman Wilkinson excused himself from the discussion and vote on
this item.
Councilman Bowling reported on the afternoon meeting of the Airport Ad
Hoc Committee. There is a need for additional services at the air-
port, and the airport will be able to sustain additional FBO use.
Councilman St. Croix spoke about the demand for more services and
stated there is solid evidence that a second FBO is needed.
City Attorney Liley stated that the Cities have satisfied the terms of
the existing lease in considering whether the airport can support a
second FBO. This Resolution does not commit the City to actually
award a second FBO lease.
Councilman Wilmarth made a motion, seconded by Councilwoman Reeves, to
adopt the Resolution as read with a change in the wording from "an
additional fixed base operation at the Fort Collins -Loveland Airport
should be established" to read "that the establishment of an addi-
tional fixed base operation at the Fort Collins -Loveland Airport would
be appropriate." Yeas: Councilmembers ,Bowling, Gray, Kross, Reeves,
St. Croix, and Wilmarth. Nays: None. .(Councilman;Wilkinson out of
the room.) ,
THE MOTION CARRIED.
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October 21, 1980
3. Mayor Gray reported there would be a meeting at 8:30 a.m. on October
24 at the Capitol Building called by the Mayor of Colorado Springs,
regarding Amendment No. 3.
4. Councilman Wilkinson requested an update on the Cost of Growth Study
at the meeting of November 18. He also requested a list of policy
issues needing Council decision before the first of the year.
Adjournment
Councilwoman Reeves made a motion, seconded by Councilman Kross, to adjourn
the meeting to October 28, at 1:00 p.q.1 Yeas: Councilmembers Bowling,
Gray, Kross, Reeves, St. Croix, Wilki s n, and WilmartV..1 Nays: None.
ATTEST:
Deputy Cit ler-I
402