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HomeMy WebLinkAboutMINUTES-08/07/1979-RegularAugust 7, 1979 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Adjourned and Regular Meeting - 3:30 P.M. An adjourned and regular meeting of the Council of the City of Fort Collins was held on Tuesday, August 7, 1979, at 3:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Absent: None. Staff Members Present: Arnold and Liley. Adiourned Meetin The City Council will meet in executive session for the purpose of City Attorney review. Adjourn into Executive Session At 4:45 p.m., after duly being scheduled, an executive session was held for the purpose of discussing legal matters. Regular Meeting Staff Members Present: Arnold, Bingman, Deagle, Hays, Krempel, Lee, Lewis, Liley, Mills, Mabry, Parsons, Rupel, Curt Smith, Wood. Agenda Review: City Manager City Manager Arnold requested that item #13-1 (Granada Heights Subdivision, Final) should be removed from the Con- sent Calendar as it is not ready to be approved. He then requested that item #,23 (Resolution Delegating the Authority for the Operating Decisions at the Lincoln Com- munity Center to the Lincoln Community Center Guild) and -29- August 7, 1979 item #40 (Evergreen Park, 3rd Filing, Replat) should be withdrawn. On item #41 (Brown Farm 6th and 7th Filing, Final Subdivision) there is someone present who wished to request that this item, although it is not technically complete, could be considered and pending further action. A representative from Wheeler Realty requested that this item not be removed as the applicants have made arrangements to receive a written contract with the Ditch Company. Council consensus was to leave the item on the agenda. City Manager Arnold corrected item #10-2 (Easement with J. Thomas Chandler in connection with Warren Trunk Extension pro- ject. Consideration: $1.00) needed to be corrected to read Consideration: $1,220 rather than $1.00. Consent Calendar: These are items of a routine or non -controversial nature, on which a unanimous vote of approval is expected. Anyone may request an item on this calendar be "pulled" off the consent calendar and considered separately. (The purpose of this calendar is to allow Council to spend its time and energy on more important items.) The Consent Calendar presented was as follows: 7. Consider Approval of the Minutes of the Regular Meeting of July 17, 1979 and the Adjourned Meetinqs of Julv 10. July 24 8. Second Reading of Ordinances Adopted Unanimously on First Reading at the July 17th Council Meeting. (1). Second Reading of Ordinance No. 82, 1979, approving an agreement placing limitations on the Sunstone Rezoning. Council unanimously adopted this ordinance on first reading on July 17th. The agreement provides that all uses in the zone be permitted only as a part of a P.U.D. -30- 1 10 August 7, 1979 (2). Second Reading of Ordinance No. 83, 1979, Vacating a Utility Easement in Indian Hills Subdivision, 8th Filin Council unanimously adopted this ordinance on first reading on July 17th. It corrects a 1977 utility ease- ment vacation.. (3). Second Reading. of Ordinance No. 84 1979 Vacating a Portion of an Alley in Block 19. Council unanimously adopted this ordinance on first reading on July 17th. The vacation was requested by the property owners as a building encroaches on a por- tion of the alley. (4). Second Reading of Ordinance No. 89, 1979, A��roving an Agreement Placing Limitations on the Prospect-Lemay Office Park Rezoning. Council unanimously adopted this ordinance on first reading on July 17th. The agreement limits the uses in the R-H zone. Second Reading of Ordinance No. 44 1979 Annexin Properties Known as the South College Properties Annexation. Secon Known f Ordina 1979, Zor nnexation. ties Council tabled these two ordinances at the July 3rd meeting. Staff requests that both be tabled to September 4. Easements These easements have been reviewed and approved by the City Attorney's staff and departmental staff involved in each case. 1. Power line easement at 1212 Monterey Drive for installa- tion of underground duct bank. Consideration: $1.00 2. Easement with J. Thomas Chandler in connection with Warren Sewer Trunk Extension project. Consideration: $1,220 for crop damage and boarding of horses. 3. Easement from Landings, Ltd. in connection with Warren Sewer Extension project. Consideration: $1.00 -31- August 7, 1979 4. Easement with Donald and Eileen Pearson to be used for Orchard Place Bike/Walkway. Consideration: $603.00. 5. Power line easement from Evergreen Park 2 for main feeder distribution circuit. Consideration: $1.00. 6. Right-of-way and easement from Collindale South and Golden Meadows Business Park II in connection with Warren Sewer Trunk Extension project. Consideration: $1.00. 11. Agreement to Acquire later Supply and Storage Compa Trio„ ana Mahal Townsend. The City will acquire one share of Water Supply and Storage capital stock in exchange for 107 City of Fort Collins water certificates. 12. Emergency Purchases Report. The Code provides that all emergency purchases shall be reported to Council in an open meeting. 13. Final Plans. (1). Granada Heights Subdivision, Final. This is a final proposal for a 39 lot subdivision located on West Vine Drive. Council approved the pre- liminary plan on April 10. (2). Parkwood East Condominiums, P.U.D., Final. This is a final proposal for a 290 unit P.U.D. loca- ted at Creekwood and Kirkwood Drives. Council approved the preliminary plan on May 1. 14. Resolution Fluthorizinq the City to Extend the Lease for Pro - perty Adjacent to the Equipment Repair Facility. This resolution allows the City to extend the lease of a garage facility until the completion of the new garage facility now under construction. -32- August 7, 1979 11, Amendment to the By-laws of the Coordinating Commission for Senior Citizens. This amendment provides for the addition of two alternate members to serve in the absence of regular members. 16. Resolutions Adopting Hearing Rules for the Firemen's Pen- sion Board, the Policemen's Pension Board, and the General These Resolutions adopt hearing procedures for the three Pension Boards. The following items were withdrawn from the Consent Calen- dar: Item #13-1 Granada Heights Subdivision, Final. Ordinances on Second Reading were read by title by City Clerk Verna Lewis: Ordinance No. 82, 1979, Approving an agreement placing limi- tations on the Sunstone Rezoning. Ordinance No. 83, 1979, Vacating a utility easement in Indian Hills Subdivision. 8th filinq. Ordinance No. 84, 1979, Vacating a portion of an alley in block Ordinance No. 89, 1979, Approving an agreement placing limita- tions on the Prospect-Lemay Office Park rezonino. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt and approve all items not withdrawn from the consent calendar. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Discussion with Larimer-Weld Council of Governments Councilwoman Reeves stated that at the Council of Governments retreat different methods of funding had been discussed. It had been decided to approach the various cities to determine if they would fund the Council of Governments by some method. -33- August 7, 1979 Chairman of the Council of Governments, Irma Princic made the presentation. Also present were Council of Governments Director, Jon Rutstein, and Tom Noack, Councilman from Loveland. The Council of Governments members presented a proposed budget and stated there were two basic questions: (1) Does the City of Fort Collins feel it can afford the contributions to the Council of Governments and (2) the bottom line figure is $22,646. Councilwoman Gray made a motion, seconded by Councilman Wil- kinson, to table this request to August 28, 1979. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wil- kinson and Wilmarth. Nays: None. Depository Contract Bid Referred to Council Finance Committee Following is the City Manager's memorandum on this item: "On July 6, 1979, bids for the Depository Contract of the City of Fort Collins were opened. First National Bank and the United Bank of Fort Collins submitted bids. Both the First National Bank and the United Bank of Fort Cdl- lins will provide the requested services at no charge. Both banks offered additional services at no charges. An evalua- tion of the additional services offered has shown no measurable differences upon which the depository contract can be awarded. In addition to the proposal evaluation, the banks were evalu- ated using the following criteria and found to be equally capable: (1) The ability, capacity and skill of the bidder to per- form the contract or provide the services required. (2) Whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference. (3) The character, integrity, reputation, judgment, ex- perience and efficiency of the bidder. (4) The quality of performance of previous contracts or services. (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service. (6) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service. (7) The quality, availability and adaptability of the product, supplies, or contractural services to the particular use required. -34- r August 7, 1979 (8) The ability of the bidder to provide future main- tenance and service for the use of the subject of the contract. (9) The number and scope of conditions attached to the bid. Section 2-58, H of the Code states that when 2 or more bids are received for the same total amount or unit price, the low bidder shall be determined by drawing lots in public." Mayor Bowling requested these bids be submitted to the Council for review, if Council determines the bids are equal then the Council would go to a lottery. Councilman Kross spoke in opposition to this recommendation. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to refer this item to the Finance Committee, and that this item come back to the Council in two weeks. Yeas: Coun- cilmembers Bowling, Gray, St. Croix, Wilkinson and Wilmarth. Nays: Councilmembers Kross and Reeves. THE MOTION CARRIED. Administrative Approval of Routine Water Rights Acquisition Agreements Approved Following is the City Manager's memorandum on this item: "The City Attorney has recommended that the City Council provide authorization for the City Manager to approve and execute routine water rights acquisition agreements without securing individual approval from the Council. This authorization will mean that agreements such as the one with Day, Tiley, and Townsend on this agenda will no longer require Council approval on an individual basis." Councilwoman Gray made a motion, seconded by Councilman Wil- kinson, to approve administrative approval of routine water rights acquisition agreements. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. -35-. August 7, 1979 Golf Fee Surcharge for 1979 Approved Following is the City Manager's memorandum on this item: "At the July 31 work session the Golf Board made a recom- mendation not to add a surcharge to golf fees for 1979 but to increase green fees in 1980. Council requested that at this meeting they take action to immediately institute a surcharge for those who do not currently have a golf membership but pay green fees only. Based on 1978 records of play for the months of August-De- cembbr, revenues received from surcharge on green fees for both golf courses would be as follows for the remainder of 1979: 9 hole rounds - 6,958 x 25� _ $1,739.50 18 hole rounds - 4,469 x 50Q = 2,234.50 TOTAL = $3,974.00 If all estimated rounds were assessed 25Q only, the total amount would be $2,856.75." Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to approve the Golf Fee Surcharge for 1979, at 25¢ for nine holes and 50¢ for 18 holes, for those not having membership fees and that the funds be earmarked for new construction. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: Councilman Wilmarth. THE MOTION CARRIED. Resolution Changing the Name of a Portion of Mason Street to McClelland Drive Tabled for Two Weeks Following is the City Manager's memorandum on this item: "The new Mason Street adjacent to the C & S railroad tracks, was recently completed and now provides a connection between Drake and Horsetooth Roads. The city presently has a second Mason Street which is located north of Horsetooth Road to Monroe Drive, approximately one block to the east of the newly constructed Mason Street. This duplication of street names is causing some problems for emergency vehicles and services. It is the staff's recommendation to change the name of the two block portion of Old Mason Street to McClelland Drive -36- August 7, 1979 to correspond with McClelland Drive south of Horsetooth Road. McClelland Drive will, in the future, connect Horse - tooth and Harmony Roads." Chief Planner, Curt Smith, identified the area in question. Mr. John Archer, 3500 South Mason, expressed concern that there are no parties presently affected on either the pro- posed McClelland Drive, south of Horsetooth, nor the new Mason Street by the railroad tracks. However, in the pro- posed area to be changed, there are numerous businesses that will increase added expense in changing stationery business cards, and their advertising. Mr. Ed Eckland, owner at 3524 South Mason, also spoke in opposition to the renaming. Councilman Wilkinson suggested that McClelland Drive, south of Horsetooth, be renamed South Mason, and Mason Street, from Horsetooth to Drake be renamed McClelland. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to table this item for two weeks and clear this with the subdivisions to the south between Horsetooth and Harmony. Yeas: Councimembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Citizen Participation (A). Presentation of plaques to Cinco de Mayo committee. Ellen Thexton presented the background of the work done by this committee, and named the following persons who either were present or who will receive plaques later: 1. Dr. Abel Amaya 2. Jim Graham 3. Art Jackson 4. Bob Zimdahl 5. Debbie Romero 6. Santana Moore 7. Ernest and Ester Romero 8. Rosita Bachmann 9. Jessie Gomez 10. Larry Mendoza 11. Paul and Carol Salas 12. Joe Martinez -37- August 7, 1979 (B). Recognition of Airport Board. Mayor Bowling presented the following plaques to mem- bers of the Airport Board: 1. Mike McQuiddy - not present. 2. Evan Stoll 3. Herb Carlson In recognition and outstanding service to our community and the City of Fort Collins as a member of the Fort Collins, Loveland Airport Board. (C). Mr. Larry Wall, representing the Transportation committee of the Chamber of Commerce, presented the following letter: The Fort Collins Area Chamber of Commerce has been informed that monies for the Fort Collins Expressway have been deleted from the 1979-1980 State Highway construction year budget. In fact, there are no monies included in the Highway Department five-year plan for the Expressway. VVe feel that this action must be corrected. Both the City Council and the County Com- missioners need to lobby to reinstate the funding for this project. white modifications can be made on the east end, it is imperative that the west end, the Laporte Bypass, be started as soon as possible. we encourage the City and the County to develop a cooperative plan, one agreed upon by both bodies, and to take this plan to the next Ilighway Commissioners meeting, Laporte needs the Bypass and we need to work towards this end. Again, we ask you to be on the agenda at the next highway Commissioner meeting to be held Thursday, August 16, 1979, 8:30 a. m. , at the IIighway Department headquarters, 4201 East Arkansas Avenue, Denver. The Chamber is committed to this project and will assist you iu correcting this error. Sincerely, / Bill Lauer, Chairman Transportation Committee -38- August 7, 1979 (D). Mr. Kirk Beck, President of the Citizens for Decency Through Law requested Council enforce the obscenity Ordinance and that the Council pass a display Ordi- nance to keep materials away from children. Mrs. Peggy Becker, President of Church Women United expressed her view on the existing problem. City Council referred this item to the City Attorney's office and this matter will come back at a future work session. (E). Proclamation of August 20, 1979 as "Fort Collins Day" received by Mr. Wayne Sundberg. Ordinance Adopted on Second Reading Providing for the Extension of a One Percent Increase in the Sales Tax from March 31, 1980, to December 31, 1981 Following is the City Manager's memorandum on this item: "This ordinance was adopted as amended on first reading at the July 24th meeting by a 4-3 vote. A copy of the amended ordinance is included." City Attorney Liley reported the ordinance had been published, and the changes proposed by Councilman Wilkinson had not been incorporated exactly as he had requested and the ordi- nance has been amended to incorporate those changes, they have been on file in the City Clerk's office for 48 hours as required. The second amendment, is a typographic error in Section 1, Article 2, §102-23 (E) should be amended to read §104-23 (B). Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to amend the ordinance by deleting §102-23 (E) and adding §104-23 (8). Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. August 7, 1979 The following persons spoke to this issue: 1. Dr. Karl Carson, Co-chairman of the DT2 Steering Com- mittee, who supported passage of the ordinance. 2. Andy Anderson, 1421 Skyline Drive, opposed passage of the ordinance. 3. Nancy York, 130 South Whitcomb, spoke in opposition to passage of the ordinance and that it be submitted for a vote. 4. Alex Fritzler, 312 Gordon, spoke to the needs of the Senior Citizens on fixed incomes. 5. Joe Stern, 1221 Laporte Avenue, spoke in opposition to passage of the ordinance. 6. Robert Tueting, 916 Cheyenne Drive, spoke in opposition to sales tax being used for operation and maintenance. 7. Attorney William Allen spoke in favor of Dassaqe of the ordinance. 8. Jim Perry, 3024 Ross Drive, spoke in opposition to passage of the ordinance and recommended this be submitted to a vote. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 91, 1979, as amended on second reading. Yeas: Councilmembers Bowling, Kross, St. Croix, and Wilkinson. Nays: Councilmembers Gray, Reeves and Wilmarth. THE MOTION CARRIED. Professional Engineering Services for the Computerized Traffic Signal Control Svstem Following is the City Manager's memorandum on this item: "Final plans and specifications for the computerized system have been submitted to the State, and they are in the process of printing the bid documents. The State indicated that a tentative schedule for advertising for bidding is the second week in August. This project involves the modernization of traffic signals and the installation of a computer to control the City's traffic signals. The majority of the funding of this project is from the Urban Systems Funds, and the State normally han- dles the inspection and administrative duties associated with August 7, 1979 this type of funding. Since the desired level of expertise for installation and inspection is not available at the State level, the City received permission to acquire outside ex- pertise to assist us in handling this project. We requested proposals from six firms with the necessary qualifications and received proposals from two firms: Transplan Associates and CH2M Hill. Staff unanimously felt that Transplan Associ- ates had the necessary expertise for construction management and implementation of the computerized traffic signal con- trol system. The fee for this work will be distributed as I - Construction Management - $14,000 to $18,000 II - System Optimization - $ 9,000 to $11,000 III - System Evaluation - $ 5,000 to $ 7,000 The total cost of this work will not exceed $36,000. Councilman St. Croix made a motion, seconded by Councilwoman Reeves, to approve the contract as recommended by the admin- istration. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on Second Reading Approving an Agreement Placing Limitations on the Raintree Rezoning Following is the City Manager's memorandum on this item: "This ordinance was adopted on first reading on a 4-2 vote at the July 17th meeting and sets out the conditions for the rezoning which was adopted on Second Reading on that date. The agreement provides that all uses in the zone be permitted only as part of a P.U.D." Councilman St. Croix made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 85, 1979, on second reading. Yeas: Councilmembers Bowling, Kross, St. Croix, Wilkinson and Wilmarth. Nays: Councilmembers Gray and Reeves. THE MOTION CARRIED. -41- August 7, 1979 Ordinance Adopted on Second Reading Vacating a Utility Easement in Bankcenter Square, First Filing Mayor Bowling and Councilman Wilkinson asked to be excused from consideration on voting on this item as they had a con- flict. Following is the City Manager's memorandum on this item: "This Ordinance was adopted on first reading on a 5-0 vote at the July 17th meeting. This Ordinance provides for the vacation of a utility ease- ment located in Bankcenter Square, First Filing, on part of Lot 3." Councilman St. Croix made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 86, 1979, on second reading. Yeas: Councilmembers Gray, Kross, Reeves, St. Croix and Wilmarth. Nays: None. (Councilmen Bowling and Wilkinson out of room). THE MOTION CARRIED. Easement Across Bankcenter Souare ADDroved Mayor Bowling and Councilman Wilkinson asked to be excused ' from consideration and vote on this item due to a conflict. Following is the City Manager's memorandum on this item:_ "Routine easements are normally included in the consent agenda, but this one is in the regular agenda because Earl Wilkinson and Charles Bowling are the grantors. This easement grants the north six feet of a twelve foot easement needed for utilities in the Bankcenter Square 1st Filing. The south six feet of the easement was previously dedicated to the City. The twelve foot easement will replace the 15 foot easement Council is vacating by Ordinance No. 86, 1979, which is on this agenda for second reading." Councilman St. Croix made a motion, seconded by Councilwoman Reeves, to accept the easement. Yeas: Councilmembers Gray, Kross, Reeves, St. Croix and Wilmarth. Nays: None. (Coun- cilioembers Bowling and Wilkinson out of room) THE MOTION CARRIED. -42- August 7, 1979 Ordinance Adopted on Second Reading Abolishing the Urban Renewal Authority Following is the City Manager's memorandum on this item: "This ordinance was adopted on first reading at the July 24th meeting by a 6-1 vote and provides for the abolishment of. the Urban Renewal Authority." Councilman St. Croix made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 90, 1979, on second read- ing. Yeas: Councilmembers Bowling, Gray, Kross, St. Croix, Wilkinson and Wilmarth. Nays: Councilwoman Reeves. THE MOTION CARRIED. Ordinance Adopted on Second Reading Being an Ordinance Annexing Property Known as the Horsetooth-Timberline Annexation Following is the City Manager's memorandum on this item: "This annexation proposal is for 70 acres on the northeast corner of Timberline Road'and Horsetooth Road. Planning staff recommends approval of the annexation based on the following findings: 1. Request is consistent with present City goals and ob- jectives; 2. City facilities are readily available; 3. The request is an infill development. On July.9, the Planning and Zoning Board unanimously approved the request for annexation." Curt Smith combined the annexation and zoning presentation. Councilwoman Reeves requested a report on undeveloped lands within the City. This will be provided by Staff. Councilman St. Croix made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 92, 1979, on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. I .-43- August 7, 1979 Ordinance Adopted on First Reading Zoning the Horsetooth-Timberline Annexation Following is the City Manager's memorandum on this item: "On July 9, the Planning and Zoning Board held a public hearing on this zoning request and unanimously recommended approval subject to the following conditions: B-P Zoning - 15.5 acres 1. P.U.D. application on the entire site. R-P Zoning - 53 + acres 1. Maximum number of dwelling units of 400 total on whole site. 2. P.U.D. application only 3. Total maximum average of 8 DU/AC for whole site 4. No additional commercial through the use of the commercial allotment of the P.U.D. ordinance. Planning staff feels that of the two alternatives proposed, the better location for the B-P area would be the immediate intersection of Horsetooth and Timberline since it would offer better service and pedestrian access. They further recommend that the remaining 53+ acres be zoned R-L-P as there is no justification for the higher density obtainable in the requested R-P zoning." A zoning agreement will be presented prior to second reading of this ordinance. Councilwoman Reeves made a motion, seconded by Councilman Kross, to adopt Ordinance No. 93, 1979, on first reading. Yeas: CounciImembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Changing the Zoning Classification of Property Known as the Deines-Lockman Rezoninj Following is the City Manager's memorandum on this item: -44- August 7, 1979 This rezoning petition is for approximately 18 acres at the southwest corner of Horsetooth and Timberline Roads. This area w•as previously considered in the Timberline -Horse - tooth Annexation. Staff and Planning and Zoning Board re- commended placing the entire site into a "T" Transition zone. Council zoned half the site R-H and half T. The requested change in zoning is from T-Transition to R-H, High Density Residential. The planning staff recommended to the Planning and Zoning Board approval subject to the following conditions: 1. That all the residential uses in the R-H be excluded; 2. That the development of this parcel be concurrent with the parcel to the west and under one unified Master Plan and one site plan, but allowing for phasing of construction; 3. The Master Plan shall include the following elements: a. land uses, b. location and size of buildings, C. circulation and parking and parking ratios, d, development phasing, e. location of open space and any amenities, f. land use data. 4. The site plan shall include the above information plus the following elements: a. traffic circulation - location, size and loading areas, b. pedestrian circulation, C. access points with public R.O.W.'s, d. buffering, landscaping, fences and perimeter treatment, e. drainage, detention areas, etc., f. floor area ratio, g. height of structures, In. utility systems, i. preliminary architectural elevations of all buildings and signs. 5. The Master Plan and Site Plan will be processed, re- viewed and go through the same public hearings pro- cedures followed for planned unit developments. At their July 9 meeting the Planning and Zoning Board unani- mously recommended approval subject to the above listed con- ditions." -45- August 7, 1979 A zoning agreement will be presented prior to second reading of this ordinance. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 94, 1979, on first read- ing. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Creating_ a Atreet_ Oversizi_ng_Fund Following is the City Manager's memorandum on this item: "Additional information, including developer's comments from the Wednesday evening meeting with staff, could not be prepared to meet the Thursday agenda deadline and are therefore being sent under separate cover. City Manager Arnold reported that as of today,including the items on this agenda, there is a contingent liability of S763,000. Councilman Wilkinson inquired if there were duplications on the commercial property. Director of Engineering Services, Roy A. Bingman, responded to cost calculations. Mr. Gary Haxton requested Council table this ordinance for 30 days to give the developers time to give input to Council on this matter. Council members concurred that if information is not complete prior to second reading it could be tabled. Councilwoman Gray made a motion, seconded by Councilman Wil- kinson, to adopt Ordinance No. 95, 1979, on first reading. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix and Wilmart.h. Nays: Councilmembers Kross and Wilkinson. THE MOTION CARRIED. 0T I August 7, 1979 Ordinance Adopted on First Reading Amending the Code as it Relates to City Participation in the Cost of Oversizing Certain Streets Councilwoman Reeves made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 96, 1979, on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Relating to City Participation in the Cost of Oversizing Certain Streets in Local Public Improvement Districts Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 97, 1979, on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wi Winson and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on Second Reading Creating and Organizing Street Improvement District No. 74, Also Known as Consolidated Street Improvement District No. 74 Following is the City Manager's memorandum on this item: "This ordinance was adopted on first reading at the July 17 meeting by a 5-2 vote and establishes Street Improvement District No, 74. The staff is proceeding as quickly as possible attempting to get construction started this fall and soon enough to complete the drainage, pavement, curb and gutter construction before winter sets in. However, a strong possibility exists that weather or right-of-way problems will delay the con- struction. Right-of-way negotiations have started for the parcels at the intersection of Mulberry with Taft Hill. Appraisals of the parcels are under way at the request of several owners, and to determine fair market value for the remainder of the parcels. Condemnation of several of the parcels is a pos- sibility, which would delay completion of the project until late summer of 1980. The scheduled date for accepting bids is September 10, 1979, -47- August 7, 1979 with the award of the contract taking place at September 13 Council meeting. Construction is scheduled to begin by the 28th of September. If permanent paving cannot be installed this fall, it will be necessary either to place temporary pavement or close the street to through traffic for the winter. Every attempt will be made to not let right-of-way acquisition delay the project. This may include special provisions that will limit construction until 1980 when right-of-way must be condemned." Councilman St. Croix made a motion, seconded by Councilman Wilkinson, to adopt Ordinance 88, 1979, on second reading. Yeas: Councilmembers Bowling, Gray, Reeves and Wilkinson. Nays: Councilmembers Kross and Wilmarth. THE MOTION CARRIED. Brown Farm 6th and 7th Filing, Final Subdivision Aooroved Following is the City Manager's memorandum on this item "This is a final proposal for a 308 unit single-family sub- division on 89.23 acres zoned R-L, located north of Stuart St. and east of Overland Trail. Council approved the preliininary plan for Brown Farm 6th and 7th filing, on February 6, 1979, subject to the following conditions: 1. Water and sewer issues be addressed to the satisfaction of the City's Engineering and Water and Sewer Departments prior to the final plat approval; 2. That additional drainage information be provided to ad- dress City and Engineering concerns; 3. That the proposed recreational area not be designated on the final plat. These conditions have been met on the final subdivision plat and there are no outstanding issues or unresolved problems." Chief Planner, Curt Smith, reported the oversizing estimated for this project is $70,636. The recommendation at this time is for approval subject to the receipt of the drainage agreements. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to approve the Brown Farm 6th and 7th filing, final subdivision subject to the receipt of the drainage agreements. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. -48- or August 7, 1979 Parkwood East Subdivision, 2nd Filing, Final Following is the City Manager's memorandum on this item: "This is a final proposal for 24 duplex lots, zoned R-P and 16 single-family lots, zoned R-L-P, located south of Stuart and east of the Union Pacific Railroad. This is the final plan for a portion of the total area approved as a preliminary plan on August 1, 1978. There are no unresolved problems or outstanding issues." Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, to approve Parkwood East Subdivision, 2nd filing, final. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. (Councilman Kross abstained.) THE MOTION CARRIED. Sundance Hills, P.U.D. Phase 3, Preliminary Following is the City Manager's memorandum on this item: "This is a preliminary proposal for a 120-unit P.U.D. on 12.5 acres zoned R-P, Planned Residential, located at Redwood Street, south of Willox Lane. The density for this project is 9.56 dwelling units per acre while the maximum allowed in the R-P zone is 12 units per acre. 240 enclosed parking spaces are provided. Open space is divided into 5.7 acres (46%) active and .8 acres (6%) common. The final P.U.D. will need to address the following concerns: 1. Street name change of Sundance Circle South and North; 2. Revision of building envelopes to better reflect building types; 3. Submittal of a final landscape plan; -49-- August 7, 1979 4. Engineering Department will require drainage information prior to final P.U.D. approval; 5. That the utilities plan include sidewalks. On July 9, the Planning and Zoning Board voted unanimously to recommend approval of this preliminary plan." Councilwoman Gray made a motion, seconded by Councilman St. Croix, to approve the Sundance Hills P.U.D. Phase 3, pre- liminary. Yeas: Councilmembers Bowling, Gray, Kress, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Scotch Pines, 8th Filing, Preliminary P.U.D. Following is the City Manager's meniorandLill] on this item: " This is a preliminary proposal for a 22 unit P.U.D. located on 2.7 acres zoned R-P, Planned Residential located west of Lemay Avenue and north of Stiachan Drive. The applicant is Randall E. Larsen and Associates. The planning staff recommended that the Planning and Zoning Board approve this P.U.D. request provided the following issues and concerns be addressed: I. Location odf Curb Cuts. The number of curbcuts has been reduced for the most part to provide one driveway for each'two dwelling units. These driveway areas should be placed upon the final site plan. The location of curbcuts along Edinburgh Street must be reexamined and their number reduced. 2. The size of the building envelope needs to be reduced. This can be accomplished by several methods on the final site plan and/or plat. The need for flexibility is ap- preciated by the staff at this point. However, impor- tant to establish a smaller range of parameters for the placement of these dwelling units. 3. The common driveway will be access easement. 4. Engineering Deparment will need storm drainage and retention data. 5. There will be additional easements, especially for public utilities. 6. Engineering Deparment is interested in a repay for the 4' of the 7' oversized sidewalks along Lemay. -50- August 7, 1979 At their July 9 meeting, the Planning and Zoning Board held a public hearing to review this application. At the end of the he they unanimously recommended approval subject to the above conditions. The applicant has submitted a letter addressing and agree- ing to all conditions of the Planning and Zoning Board recommendation. There are no unresolved issues." Councilwoman Gray made a motion, seconded by Councilman St. Croix, to approve the Scotch Pines, 8th filing, subject to the conditions. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. d University Square P.U.D., Preliminar Following is the City Manager's memorandum on this item: "This is a preliminary proposal for 144 apartment units (6 buildings - 24 units each) on approximately 6.8 acres, zoned B-P and located at the southwest corner of the inter- section of Pitkin Street and College Ave. The parcel consists of 144 multiple family units, two existing office structures and provides 307 parking spaces which is 11% less than the required 345. Total open space is approximately 35%, with 12.3% active and an additional 45% devoted to parking lots, drives and side- walks. Planning staff recommended that the Planning and Zoning Board approve the preliminary P.U.D. subject to the following conditions. 1. That the plan be revised to eliminate the possibility of the 26' parking aisle along the west property line being used as a "short cut". 2. That additional parking spaces be provided per staff re- view and a variance he recommended allowing for the sharing of. parking between residential and office uses; 3. That the four parking lots along the east property line provide for turnaround movements; 4. That the provision for a chain traffic barrier be elimin- ated; 0 5. That all landscaping immediately adjacent to Lake and Pitkin Streets be confined to low growing vegetation. -51- August 7, 1979 At their regular meeting on July 9, 1979, the Planning and Zoning Board approved the preliminary plat subject to the above conditions being addressed. A revised plat has been submitted which addresses these con- ditions." Councilwoman Reeves made a motion, seconded by Councilman Kross, to approve the University Square P.U.D., preliminary. Yeas: Councilmembers Bowling, Reeves, St. Croix and Wilkinson. Nays: Councilmembers Gray, Kross and Wilmarth. THE MOTION CARRIED. Other Business (A). Resolution adopted authorizing the City to enter into an aqreement with CH2M Hill for an airport planning study. Following is the City Manager's memorandum on this item: "An item of Other Business is approval of a contract with CH2M Hill for the Airport Master Plan. Such approval needs to be given subject to FAA approval and grant award. The two City Managers, legal staff, and the Airport Manager reviewed the scope of work and contract and re- commend it to Council. It meets the needs and the de- sires of the Two City Airport Committee." Councilman Kross inquired why the 120% figure for addi- tional services had been changed to 125%. (Page 3 of contract) Councilman St. Croix made a motion, seconded by Council- woman Reeves, to adopt the resolution. Councilman Kross made a motion, seconded by Councilwoman Reeves, to amend the contract (Exhibit A) of the resol- ution by deleting the figure 125% and substituting 120°%. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED Councilman Wilkinson made a motion, seconded by Coun- cilman St. Croix, to adopt the resolution as amended. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix and Wilkinson. Nays: Councilmembers Kross and Wilmarth. THE MOTION CARRIED. -52- August 7, 1979 Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt the resolution as amended. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix and Wilkinson. Nays: Councilmembers Kross and Wilmarth. THE MOTION CARRIED. (B). City Manager Arnold called Council's attention to a memorandum from Chief Building Inspector, Bill Waldo, regarding questions on roof damage repair. The memo- randum is incorporated and made a part hereof: "The Building Inspection office has been deluged by calls from homeowners'. contractors, and insurance agents in regard to roofing damage created by the 'recent hailstorm. The calls that have been the most disturbing are from homeowners and in- surance agents who have been given the following kinds of information from roofing contractors: 1. Building Inspection has ruled that if' there is one hole in the plywood sheathing the whole sheet of plywood must be replaced. 2. City Council passed an ordinance that if' there are more than two holes in the roof the whole roof' must be replaced. 3. And on and on. Other complaints that are disturbing are cumplai.nts by homeowners alleging that Building InspecLion is Laking advantage of l.hc :::i.tuaLi.on by requiring permits for re -roofing. Flaving responded to all of the calls and :inquires I contacted KCOL and the Coloradoan by telephone and asked them to please relay the. following infor- mation to the public. 1. City Council has not passed any ordinance relative to roof repairs or re -roofing brought about by hail damage. 2. Building Inspection does not require the replacing of whole sheets of plywood :.heathing unless t.l,c sheet it dam,jted beyond re;i,-.n:l,le re- pair. We have stated that. aril he l •r.; could l,e repair d by covering with galvanized metal - more severe damage by beel'in;, up underneath the sheathing with 1" nominal Lhickness lumhor or by replacing smallsec- tions which cuuld be supported on headers. we are only euncerned that the integrity of the sheathing is, maintained to a point that i-t will perform the function intcm.lcd. 3. The Coda requires permit.­. Pnr re-rool'i.ng and roof repairs. The permits are a safeguard for the property owners. -53- August 7, 1979 Some of the things we look al. before issuino. a permit are.: A. flow many layurs of nre pre>;ently uu the roof`: it, is possible that the additiorual wcightof anot.licr Iaeur of, shrinpir.r. miulit be more than the rafter:: can adt:goaf cly sup p-n 1. t B. Is the pitch of the roof adequate For shingles? If the pitch is too low, we urge the owners to look at alternate roof coverings. C. Is the roof damaged to the extent that it will allow water to penetrate? If so we require a felt underlayment. D. Urge property owners to make sure their contractor is .licensed by the City arid has a permit and if they have any questions to please contact the Building Inspection office. E. The average cost of $15.00 for a re -roofing permit assures the owner of an inspection by competent people and a lot of free technical advise. We presently have one man devoting full time answering roofing questions. (C). City Manager Arnold then reported that an Arts Facility Manager had been hired for the Lincoln Community Center. His name is Dave Siever. (D). City Manager Arnold reported the City Hall parking lot paving was supposed to be completed on August 15. The contractors are running behind and the City has no liquidated damages in the contract and no enforcement provisions for timing. (E). Councilman St. Croix stated he felt it was Council's responsibility to hire the outside auditor, and Council should be involved in the request for proposals and in engaging the firm. Council consensus was that this item be scheduled for a future work session. (F). Councilman Wilkinson reported on the past three meetings of the Platte River Power Authority; July 21, regular meeting - prediction is that Yampa will be on time on October 1. Councilman Wilkinson reported on the Windy Gap Project and the last item was the selection of an underwriting team for bonds. Six firms will be interviewed. Septem- ber 8th will be the ground breaking for Rawhide. On August 1st a work session was held on which Rawhide -54- August 7, 1979 construction was reviewed. This material will be submitted to Council. (G). Mayor Bowling reported he had received a letter from the Federal Aviation Administration confirming the $900,000 grant for the parallel taxi -way. Ad.iournmen The meeting was adjourned to 7:00 p.m. on August 14, 1979. The meeting adjourned at 10:30 p.m. ATTEST: City Clerk -55-