HomeMy WebLinkAboutMINUTES-10/02/1979-RegularOctober 2, 1979
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 2, 1979, at 5:30 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, Lanspery, Deagle, Harmon, Griep,
Wood, Hays, Steadman, Lee, R. Smith,
M. Smith, C. Smith, Krempel and Lewis.
Agenda Review: City Manager
City Manager, John Arnold, stated that Second Reading of Ordinance
No. 109, 1979, had been inadvertently omitted from the Consent
Calendar and requested it be added as a Consent Calendar Item.
Following is the City Manager's memorandum on this item..
"This ordinance was adopted unanimously on first reading at the
September 13th meeting and appropriates $200,407 from reserves
to the Park Acquisition Fund.
It was inadvertently omitted from the agenda packet."
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).
Items on the Consent Calendar are:
1) Ordinances on first reading that are routine.
2) Ordinances on second reading that passed unanimously
on first reading;
3) Those of no controversy;
4) Routine administrative actions.
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October 2, 1979
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.
9. Consider Approval o
.he Minutes of the Adjourned Meeting of
1
10. Second Reading of Ordinance No. 115 1979 Vacating a Portion
6-fa Utility Easement in Lake Sherwood Subdivision Third Filing.
This Ordinance was adopted unanimously on first reading on Septem-
ber 18th and vacates a small portion of a utility easement to
allow an owner to add a fireplace to his unit.
11. Second Reading of Ordinance No. 116 1979 Vacinq a Portion
of a Utility Easement in Lake Sherwood Subd M! iaton,_Third Filing.
This Ordinance was adopted unanimously on first reading on Septem-
ber 18th and vacates a small portion of a utility easement to
allow an owner to add a fireplace to his unit.
12.. Second Reading of Ordinance No 117 1979 Amending the Vehicles
and Traffic Ordinance Relating to Parking.
This Ordinance was adopted unanimously on first reading on Septem
ber 18th and addresses the problem of shuttling of vehicles from
parking spaces in a given block.
13. Hearing and First Reading of Ordinance No. 118 1979, Relating to
Payments In -Lieu of water Rights and Increasing the Amount of Said
Payments.
This Ordinance would increase the in -lieu of water rights value
from $1,600 to $2,200.
14. Second Reading of Ordinance No 44 1979 Annexing the South
College Properties.
Staff recommends this Ordinance be tabled until November 6th.
15. Second Reading of Ordinance No 119 1979 Zoning Property Known
as the South College Properties.
Staff recommends this Ordinance be tabled to November 6th.
16. Ordinance Amending the Uniform Building Code and Uniform Mechan_i=
cal Code.
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October 2, 1979
a. Hearing and First Reading of Ordinance No. _122_, 197.9,_ Amending
the Uniform
Building Code
as
it Relates
to
Light and Venti-
b.
lation.
Hearing
and
First
Reading
of
Ordinance
No.
123,
1979, Amending
the Uniform
Building
Code
as
it Relates
to
Usable
Space Under
C.
Floors.
Hearing
and
First
Readin
of
Ordinance
No.
124
1979, Amendin
the Uniform
Building
Code
as
it Relates
to
Required
Exits._
d.
Hearing
and
First
Reading
of
Ordinance
No.
125,
1979, Amend-
.ing the
Uniform
Building
Code
as it Relates to
Automatic
e.
Fire Extinguishing
Hearing and
First
Systems.
Reading of
Ordinance
No.
126,
1979, Amend_
ing the
Uniform
Building
Code
as it Relates
to
Fireplaces.
f.
Hearing
and
First
Reading
of
Ordinance
No.
127,
1979, Amend-
ing the
Uniform
Mechanical
Code as it
Relates
to Combustion
g. _Hearing and First Reading of Ordinance No. 128, 1979, mejd-
ing the Uniform Building Code as it Relates to Attic Ven-
h. Hearing and First Reading of Ordinance No. 129, 1979,'Amend7
ing the Uniform Building Code as it Relates to Foundation
Ventilation.
The preceding 8 ordinances are minor changes to the Uniform
Building Code and Uniform Mechanical Code and are proposed by
the Chief Building Inspector.
17. Routine Deeds and Easements.
a. Easement agreement with TK6 Investments for the Warren
Sewer Trunk Extension. Consideration: $1.00.
b. Power line easement from CSURF for construction of a sub-
station tie circuit. Consideration: $228,00..
C. Power line easement from Arlington Pearcy to provide electric
service to a four-plex at 1244 Maple St. Consideration: $1.00
d. Agreement of sale and purchase with John and Lucile Anderson
for section of the Poudre Trails System. Consideration:
$2,000.00.
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19.
20
21
October 2, 1979
e. Easement Agreement with Erma Burton, Vivian Burton, Gail
Purath and Judy Burton for a portion of the Poudre Trails
System. Consideration: Donation
f. Water and Sewer line agreement with C&S Railway to pro-
vide utility service to 1240 E. Mulberry St. Consider-
ation: Paid by developer.
Resolution Authorizing the City to Apply to the Northern
Colorado Water Conservancy District for a Temporary Use
Permit.
This Resolution authorizes the City to apply to NC':1CD for a
temporary use permit, pending the approval of the change of
the Class "D" allotment contract with NCWCD.
Evergreen Park, 3rd Filing, Replat
This is a final proposal to replat two existing lots into
4 lots in Evergreen Park, 3rd Filing, located South of
Conifer Street.
Hearing and First Reading of Ordinance No. 130, 1979,
Vacating a Utility Easement at the Foothills Fashion Mall.
This ordinance vacates a portion of a 30' utility easement
at the Foothills Fashion Mall.
Utility Easement from Everwest to Replace a Vacated
Easement at the Foothills Fashion Mall.
This easement .replaces the easement vacated by the previous
ordinance.
The following item was removed from the Consent Calendar:
Item No. 18: Resolution authorizing the City to apply to the
Northern Colorado Water Conservancy District fo
a temporary use permit.
City Clerk Verna Lewis read the following ordinances on First
and Second ,Reading by title.
10. Second Reading of Ordinance No. 115, 1979, Vacating a Por-
tion -of a Utility Easement in Lake Sherwood Subdivision,
1hrrd riiin
11. Second Read
tion of a U
Third Filin
rdinance No. 116, 1979, Vacating a Por-
asement in Lake Sherwood Subdivision,
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October 2, 1979
12.
Second Reading of Ordinance No. 117 1979
Amending the
Vehicles and Traffic Ordinance Relating to
Parking.
13.
Hearin and First Reading of Ordinance
No.
118, 1979, Re-
ating to Payments In -Lieu of Water Rights
and Increasing
16.
the Amount of Said Payments.
Ordinance Amending the Uniform Building Code and Uniform
Mechanical Code.
a. Hearing and First Reading of
Ordinance
No. 122, 1979,
Amending the Uniform Building
Code as it Relates to
Light and Ventilation.
b. Hearing and First Reading of
Ordinance
No. 123, 1979,
Amending the Uniform Building
Code as
it Relates to
Usable Space Under Floors.
C. Hearing and First Reading of
Ordinance
No. 124, 1979,
Amending the Uniform Building
Code as
it Relates to
Required Exits.
d. Hearin4'and First Reading of
Ordinance
No. 125, 1979,
Amending the Uniform Building
Code as
it Relates to
Automatic Fire Extinguishing
e. Hearing and First Reading of
Systems.
Ordinance
No. 126, 1979,
Amending the Uniform Building
Code as
it Relates to
Fireplaces.
f. Hearing and First Reading of
Ordinance
No. 127, 1979,
Amending the Uniform Building
Code as
it Relates to
Combustion Air.
g. Hearing and Fir st.Reading of
Ordinance
No. 128, 1979,
Amending the Uniform Building
Code as
it Relates to
Attic Ventilation.
h. Hearing and First Reading of
Ordinance
No. 129, 1979,
Amending the Uniform Building
Code as
it Relates to
20.
Foundation Ventilation.
Hearing and First Reading of Ordinance
No.
130, 1979,
Vacating a Utility Easement at the
Foothills
Fashion Mall.
X.
Second Reading of Ordinance No.
109, 1979,
Appropriating
Reserve Funds and Unanticipated
Revenue in
the Park Acqui-
sition Fund.
October 2, 1979
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.
Resolution Authorizing the City to Aplly
to the Northern Colorado Water Conservancy
District for a Temporary Use Permit.
Following is the City Manager's memorandum on this item.
Victoria Limited, has contacted us regarding the transfer of 30 units
of Northern Colorado Water Conservancy District Water to the City
of Fort Collins. They have some property which they will soon be
developing and would like to eventually use the 30 CBT units to
partially satisfy the water rights requirements. They would at
this time, however, like to transfer the water to the City in
exchange for a water certificate which could then be used when
they are ready to develop the land.
Pending the approval of the change of the Class "D" allotment
contract with NCWCD, a temporary use permit is desirable..
This resolution authorizes the City to apply for. such a permit. "
Councilwoman Reeves, made a motion, seconded by Councilman
Wilkinson, to adopt the resolution.
YEAS: Council members Bowling, Gray, Kross, Reeves, St. Croix,
Wilkinson and Wilmarth.
NAYS: None
THE MOTION CARRIED.
Ordinance Adopted on Second Reading,
Authorizing the City to Borrow Money
to Purchase 20 T-hangars at the,Fort
Collins/Loveland Airport.
Following is the:City Manager's memorandum on this iten.
"This ordinance was adopted on a 6-1 vote on first reading at
the September 18th meeting and authorizes the City to borrow
$466,250 to purchase 20 T-hangars at the Fort Collins/Loveland
Airport.".
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October 2, 1979
Councilman Wilkinson, made a motion, seconded by Councilwoman
Reeves, to adopt Ordinance No. 120, 1979, on Second Reading.
YEAS: Councilmembers Bowling, Gray, Kross, St. Croix, Reeves,
and Wilkinson.
NAYS: Councilman Wilmarth.
THE MOTION CARRIED.
Ordinance Adopted on First Reading,
Amending the Zoning Ordinance Re-
latinq to signs.
Following is the City Manager's memorandum on this item.
"Section 118-91D currently allows "one (1) identification sion
during the first year of construction of a new subdivision."
Construction of homes in most new subdivisions is not substan-
tially completed within one year. Quite often at least two
years of construction are required. Since new horses are con-
tinually built and sold through this period, the building
contractors would like to be able to use a temporary sign for
two years rather than one year.
Section 118-91 governs signs located in residential pones;
including those erected by builders during the construction of,,
new subdivisions. Presently there are no provisions which allow
for identification signs for subdivision sales offices. Such
offices have become customary in new subdivisions and require
some type of identification.
There are presently no provisions in the sign code which regulate
existing signs on properties annexed to the City after the passage
of the sign code in November, 1971. The size and placement of new
signs on such properties are controlled by the present ordinance,
but the City has no means by which to require existing non -com-
plying signs to be brought into conformance. ,"S,ubsection (L) of
Section 118-97 provides a 60 day period after -annexation to cease
the animation of existing signs.. Subsection '(M)'of Section' 118-
97 provides a 5 year amortization period either after annexation
or after the effective date of this amendment, whichever is later,
for all other nonconforming signs to comply with the sign code.
The attached ordinance addresses these problems:
1. Allows temporary signs for two years rather than one
year.
2. Allows identification signs for subdivision sales. offices.
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October 2, 1979
3. Provides an amortization period for non -conforming
signs located on annexed property to be in compliance."
Assistant City Attorney, Don Deagle, reported that inadvertently
a portion had been omitted in Section 1.; subsection V' , the
addition to read as follows:
"L. All existing signs with flashing, moving, blinking,
chasing or other animation effects not in conformance
with the provisions of this Article and located on
property annexed to the City after the effective date
of ordinance No. 59, 1971, (November 28, 1971), shall
be made so that such flashing, moving, blinking,
chasing or other animation effects shall cease within
sixty (60) days after such annexation. (or sixty (60)
days after the effective date of this ordinance
amendment, wichever occurs later.)"
Councilwoman Gray, made a motion, seconded by Councilwoman Reeves,
to amend Ordinance No. 131, 1979, as recommended by the ,Assistant
City Attorney.
YEAS: Councilmembers Bowling, Gray,.Kross, Reeves, St. Croix and
Wilkinson.
NAYS: None M
Councilman Wilmarth abstained.
THE MOTION CARRIED.
Action to Sell the Mathews
Street Property Reconsidered
Following is the City Manager's memorandum on this item.
"Council needs to reconsider the action taken on September 18th,
to sell the Mathews Street Property.
An old agreement was subsequently found that provides that the
DMA Plaza- from which we bought the property originally - has
the right of first refusal, should the City decide to sell the
property.
That agreement is attached.
Meetings are being arranged between concerned parties, but as of
this writing have not occured."
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October 2, 1979
Councilman Wilkinson inquired whether or not this property had
been offered to the DMA; at the $66,000. It was determined that
an offer has not been made, it was further clarified that the
Housing Authority is also desirous of clearing the matter up.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves,
to reconsider the action to sell the Mathews Street Property.
YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix,
Wilkinson and Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Councilman Wilkinson.made a motion, seconded by Councilwoman
Reeves, that this property be offered to DMA. per our agreement.
This motion was later withdrawn.
Assistant Attorney Don Deagle explained the legalities of a
"right of refusal".
Councilmembers'then reconsidered the original motion:
"To sell the property to the Housing Authority"
Mayor Bowling put the original motion with the following vote:
YEAS: None
NAYS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix,
Wilkinson and Wilmarth.
THE MOTION FAILED.
Mayor Bowling directed the administration t'o offer this property
to the DMA, per the letter of November 22, 1976, offering .them
the right of first refusal, on the same terms and conditions as
had been proposed to the Housing Authority, with the exception
of a date.
Ordinance Tabled on First Reading,
Authorizing the City to Enter into an
Agreement with Elevator Properties for
the Lease and Option to Purchase
Certain Real Property.
Following is the City Manager's memorandum on this item..
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October 2, 1979
"Council reviewed a proposal to acquire the 38,000 square feet,
"grain elevator" site for downtown parking at its September 11th
worksession.
The site when fully developed could provide about 100 - 125 parking
spaces. Development costs for the site are estimated to be in the
range of $75,000 to $100,000.
The proposed ordinance authorizes the City to enter into an
agreement for lease with option to purchase the site.
Terms of the lease option are:
Purchase price, $300,000.
Annual Lease - $42,248 for 9 years - 10th year - $52,000.
Annual interest rate 7.5%.
Funding for the first three years of the lease can come from
Community Development Block Grant Fund which are earmarked for
Downtown Parking ($75,000 annually). We expect these funds to
become available in the next few weeks."
Councilmembers.had a variety of questions regarding this property
as follows:
1. Demolition costs, over and above lease costs?
2.
Terms
of agreement
- Lease Purchase time frame?
3.
Time
frame for use
of property?
4.
Cost per
parking
space?
5.
Status of.
Parking
Commission?
Attorney Garth Rogers responded to other Council inquiries.
Councilwoman.Gray, made a motion, seconded by Councilman St. Croix,
to table Ordinance No. 132, 1979, for 30 days.
YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix,
Wilmarth and Wilkinson.
NAYS: ";one
THE MOTION CARRIED.
1
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October 2, 1979
1
Ordinance Adopted on First Reading,
Relating to Supplementary Building
Height Regulations.
Following is the City Manager's memorandum on this item.
"The procedure we have discussed with the Council to implement
building height regulations involves the following:
1) amendment of the zoning ordinance to include language wich
requires a special review (under the P.U.D. ordinance) for
any building over forty (40) feet in height in any zone.
2) adoption of a separate set of building height review
criteria intended to guide the review of building heights.
The necessary additions and revisions to the zoning ordinance
itself are minimal.
The proposed Building Height Review Criteria are intended as
guidelines, and would not be part of the zoning ordinance itself.
They are designed to be detailed enough to communicate general
expectations and overall objectives concerning building heights,
but to be flexible enough to accomodate and encourage innovative
design.
Any proposed building greater than forty feet in height would
undergo this building height review. In some cases, this might
be for a building proposed on one or more existing lots in an
already approved standard subdivision. In other cases, it would
be for a building shown on a site plan for a newly proposed P.U.D.
project. The technical reason for structuring these review
criteria under the P.U.D. ordinance rather than under some
separate special review procedure is to avoid confusion and du-
plication since the information to be submitted, the public
hearings procedure for review, and the method of recording an
approved plan would be the same. Moreover, it would be difficult
to limit review to the narrowly defined question of "building
height" without being able to consider other relevant aspects of
the proposal not necessarily related -to building height per se,
(land use conversion, traffic impact, public services and facil-
ities impact, etc.).
Much of the format and language of the ordinance change and re-
view criteria are drawn from the Planning Staff Report on Building
Height Regulations which was discussed by the City Council on
June 19. The Council's direction at that time was for the staff
to prepare specific ordinance amendments and review criteria along
these lines."
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October 2, 1979
The attached material was considered favorably by the City Council
at its August 28th work session. The Council's direction was to
proceed with the public hearings necessary for adoption.
The Planning and Zoning Board considered the proposed ordinance
change and review criteria at its September meeting. After dis-
cussion, the Board voted unanimously to recommend approval of both."
Mr. Chuck Turner, 412 Dartmouth Trail, representing the Soring Creek
Improvement ,Association presented a Petition containing 466 signa-
tures requesting that "Benchmark" Heights be considered as maximum
heights.
Kurt Reed of Gefroh & Associates stated he felt the current
ordinance would deter multi -story construction. He also made
recommendations for R-L , Low Density Zones in the City.
Councilman St. Croix, made a motion, seconded by Councilwoman Gray,
to adopt Ordinance No. 133, 1979, on First Reading.
YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson
and Wilmarth.
NAYS: Councilman Kross.
THE MOTION CARRIED.
Ordinance Adopted on First Reading,
Deleting Building Height Limitations
In the I-P, Industrial Park Zone.
Following is the City Manager's memorandum on this item.
"This Ordinance deletes Section 118-73B (2) which limits building
height in the I-P zone to a height above grade of 50 feet.
See previous memo for additional background information."
Councilwoman Gray, made a motion, seconded by Councilwoman Reeves,
to adopt Ordinance No. 134, 1979.
YEAS: Councilmembers Bowling,'Gray, Kross, Reeves, St. Croix,
Wilkinson and Wilmarth.
WAYS: None.
THE MOTION CARRIED.
Resolution Adopted, Adopting
A Building Height Criteria.
1
October 2, 1979
Following is the City Manager's memorandum on this item.
"See memo for agenda item 26 for background information."
Councilman Kross inquired into the length of time required for
Review Criteria established, related to Energy Criteria to be
established.
Planner, Curt Sriith, reported it would be six months to one year.
Councilwoman Gray, made a motion, seconded by Councilman St. Croix,
to adopt the Resolution.
YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson,
and Wilmarth.
NAYS: Councilman Kross.
THE MOTION CARRIED.
Citizen Participation
Proclamation: naming October as Toastmistress month, received.
Adjournment
Mayor Bowling declared the meeting adjourned to 7:30 p.m.
Public Hearing on the Cit 's 1980 Budget
City Manager, John Arnold, highlighted the Revenues and Expen-
ditures of the Proposed 1980 Budget.
Director of Finance,, Ron Wood, presented two exhibits relating
different Mill Levys.
The following persons spoke at the Public Hearing:
1. David Watrous
2. Jack Curfman
3. Justus Wilkinson
4. Leign id. Allen, of the Human Service Agencies Coalition.
5. Donn Hopkins, of the F.O.P.
6. Jerry Horak
7, Tom McKenna of CHOICE.
8. Joan Deines, of the Public Library.
9. Donna F. Witter
10. Stanford B. Thayer of the Storm Drainage Board.
11. James A. Bailey
12. Chuck llaYhugh,
13, Robert H. Tueting
14. P.E. Thomsen
15. George M. Angleton
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October 2, 1979
16. Bob Finley
17. Harold Breen
18. Ruth M. Wiggins,
19. Peter A. Jacobs
20. J.E. Mattos
21. Cliff Stuart
22. Glenda Reynolds
23. Jack Knight
Councilmembers then responded to comments made by the public.
Ordinance Adopted Repealing
Ordinance No. 91. 1979.
City Clerk, Verna Lewis, read the ordinance at length.
Councilman Wilkinson, made a motion, seconded by Councilwoman Gray,
to adopt ordinance No. 139, 1979.
YEAS: Councilmembers Bowling, Gray, St. Croix, Wilkinson and
Wilmarth.
NAYS: Councilmembers Kross and Reeves.
THE MOTION CARRIED.
Ordinance Adopted on First Reading,
Imposing a One Percent Sales Tax
Effective (March 31. 1980.
City Clerk, Verna Lewis, read the ordinance at length.
Councilman Wilkinson, made a motion, seconded by Councilwoman Gray,
to adopt Ordinance No. 140, 1979.
YEAS: Councilmembers Bowling, Gray, Reeves, Wilkinson and Wilmarth.
NAYS: Councilmembers Kross and St. Croix.
THE MOTION CARRIED.
Decision of Zoning Board of Appeals
to Deny a Variance at 430 W. Mountain
Avenue Upheld.
Following is the City Manager's memorandum on this item.
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October 2, 1979
It
At its regular meeting on September 13, 1979, the Zoning Board of Appeals, by a
vote of three to two, denied a variance request (Appeal #1100) for the property
at 430 West Mountain Avenue. Mr. Les Kaplan, petitioner and ownerof this
property, is appealing this decision.
Located in, a predominantly residential neighborhood, the property at 430 West
Mountain Avenue is zoned R-H (High density residential). The R-H zone is a
"mixed" zone, permitting both residential development and certain business uses,
including professional offices.
i
Mr. Kaplan's variance request, if granted, would result in the conversion of the
existing residence at 430 West Mountain Avenue into professional office space
1 with a basement apartment. The variance is necessary because the property does
not meet several of the zoning requirements regulating office uses in the P.-H
zone.
Specifically, the variance would (1) reduce the lot area requirement from 12,000
square feet to 7132 square feet; (2) reduce the lot width requirement from 100
feet to 6C feec; (3) reduce the off-street parking requirement from 27 spaces to
14 spaces; (4) waive the requirement that all of the parking spaces must be
located on property which is under the ownership of the owner of the parking
generator (in this case, the office building). This would involve a variance of
Sections 118-44B, 118-44C, 118-44G, and 118-81E(2) of the Municipal Code.
i
Perhaps a brief review of the history of variance requests for.the property at
430 West Mountain Avenue would be beneficial at this time.
On March 8, 1979, despite staff opposition, the Zoning Board of Appeals granted
a variance which reduced the lot area, lot width, and parking requirements for
an office use at 430 West Mountain Avenue. The variance was granted with the
condition that no more than six employees could occupy the building at any time,
since only six off-street parking spaces were to be provided. This variance
recently expired, after the passage of six months. Mr. Kaplan states that he
was unable to utilize the variance because he was unable to sell the property
due to the limitation on the number of employees.
At the August 9, 1979 meeting of the Zoning Board of Appeals,.Mr. Kaplan
presented an extensive and complex variance request, involving three proposed
office buildings (two converted residences and one new building) on the properties
now know as 430 West Mountain Avenue and 110-114-113 North Sherwood Street.
This request was withdrawn at the meeting because of fierce neigh-
borhood opposition and a strong recommendation for denial from the
staff. Mr. Kaplan indicated that he would comply with the staff's
wishes by submitting the project as a planned unit development.
October 2, 1979
On September 13, 1979, Mr. Kaplan again appeared before the
Board, with appeal #1100. As stated earlier, he is now appealing
the Board's denial of that variance request.
Since this is an appeal, the Council should not hold a new hearing
on all the evidence. Rather, it should review the record from
the Zoning Board of Appeals, listen to limited oral argument by
involved parties, and any new evidence not presented to the Zoning
Board of Appeals, and then decide whether to upold the Board's
decision,"
Assistant City Attorney, Don Deagle, stated this appeal would
normally be confined to the record, "we have deviated from that
policy, only to the extent that it is indicated that Council would
hear new evidence which was not presented to the Zoning Board of
Appeals."
Petitioner, Les Kaplan, highlighted items contained in the ver—
batim transcript; specifically, that the motion to deny the
variances was made prior to the time that all the Boardmembers
had an opportunity to voice their opinion. and secondly that
adjacent property owners in favor of the variance were not given
an opportunity to speak.
Mr. Kaplan further stated that the motion to deny had been in
Part, influenced by the fact that adjacent property owners had
indicated that they intended to petition for a rezoning of the
area.
M"r. Mike Keefe, 425 West Mountain Avenue, spoke in support of the
requested variance.
Mr. Thomas Feeney, also spoke in support of the variance.
Mr. J. Golden Taylor, 113, North Sherwood, spoke in opposition
to the variance due to the effect this would have on his property,
related to parking.
Following individual Council discussion on this item:
Councilwoman Gray, made a motion, seconded by Councilwoman Reeves,
that the decision of the Zoning Board of Appeals be upheld.
YEAS: Councilmembers Gray, Reeves, St. Croix and Wilkinson.
NAYS: Councilmembers Bowling, Kross and Wilmarth.
THE MOTION CARRIED.
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October 2, 1979
Ordinance Adopted on First Reading,
Zoning Property Included in the
Bridges Rezoning.
Following is the City Manager's memorandum on this item.
The petitioner is requesting rezoning of a 12.0951 acre parcel of land
from its existing RLP, Low Density Planned Residential and RP, Planned
Residential district, to RP, Planned Residential district, with a voluntary
density ceiling of 8.0 dwelling units per acre. The subject property
is located south of Prospect Road , approximately ? mile west of Shields
Street, all within the municipal limits. The surrounding zoning and land
uses are as follows:
N: RL; .existing single family residences (Fairview West Sub.)
S: RL; existing single family residences (Foothillls Green Sub.)
E: RLP + RP; vacant
W: RL; existing single family residence with the remaining
area vacant (proposed passive solar townhouses and patio
homes in the Sunspot P.U.D.)
Proposed Zoning (RP) 12.0951 acres;
Existing, Zoning
RLP: 7.5 acres
RP: 4.5 acres
Maximum Units Allowed:
Existing Zoning
RLP ( 6 DU/acre) 45 units
RP (12 DU/acre) 54 units
Total 99 units
Proposed Zoning
RP ( 8 DU/acre) 96 units
Recommendation
At their regular business meeting on September 10, 1979, the Planning and
Zoning Board recommended approval of the rezoning request to RP, subject to
a maximum 8.0 DU/acre density. The Staff and Board felt the request was
in general compliance with the City's Goals and Objectives and in accord
with the adopted Land Use Policiesand therefore recommends approval
of the rezoning request.
Several property owners were present at the meeting to voice their
objection to the rezoning One letter of objection was submitted."
Chief Planner, Curt Smith, identified the area:,i.n:question and
reviewed the staff and Planning and Zoning Board recommendations
for approval.
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October 2, 1979
Mir. Eldon Ward of ZVFK, spoke in support of the ordinance.
Councilman Wilkinson, made a motion, seconded by Councilman Kross,
to adopt Ordinance No. 135, 1979, on First Reading.
YEAS: Councilmembers Bowling, Kross, St. Croix, Wilkinson and
Wilmarth.
NAYS: Councilmembers Gray and Reeves.
THE MOTION CARRIED.
Ordinance Adopted on First Reading,
Zoning Property Known as the Warren
Rezoning.
Following is the City Ifanager's memorandum on this item.
Description
A proposal to rezone approximately 70 acres currently zoned R-L-P, Low Density
Planned Residential District, R-L-M, Medium Density Residential District and
R-P, Planned Residential District, to R-P, Planned Residential District, located
west of the C & S railroad tracks on the north side of Horsetooth Road.
Area
The subject parcel is rich agricultural farm land in active use. The area
to the east of the railroad tracks is commercial, zoned H-B. The areas to
the north, northwest, south, and southwest are parts of developing residen-
tial projects, either as regular subdivisions or as P.U.D.'s.
Issues
1. The present
zoning
pattern would allow
the
following:
R-L-P
45.0 acres
@ 6 DU/acre =
270
dwelling units
R-P
15.4 acres
@ 12 DU/acre =
185
dwelling units
R-L.-M
10.6 acres
FAR of 1/2
= 153,924
sq. ft. =
68
dwelling units
Total
523
dwelling units
(This
total DU count
equals approximately
7.3 DU/acre)
2. The request would allow 71 acres @ 12 DU/acre of 852 DU maximum if
developed to the full potential of the zoning district.
3. The request conforms to the location of higher density criteria set
forth in the adopted. Land Use Plan:
1
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We
Recommendation
October 2, 1979
"Higher density residential uses should lccate:
a. "Near the core area, regional/community shopping
centers, CSU main campus, or the hospital;
b. "Within close proximity to community or neighbor-
hood park facilities;
c. "Where water and sewer facilities can be adequately
provided;
d. "Within easy access to major employment centers;
e. "With access to public transportation; and,
f. "In areas with provisions for alternative modes of
transportation."
"Higher density residential uses should locate in planned
unit developments or in close proximity to existing higher
density areas."
Staff recommends approval of the rezoning since it is consistent with the
Land Use Policies Plan subject to the following condition:
1. The entire site be developed under a unified master plan, but
allowing for development in phases. "
Nr. Les Kaolan, representing the petitioners, stated there was
a question regarding the acreages as listed in the cover memo.
Councilwoman Gray, made a motion, seconded by Councilwoman Reeves,
to adopt Ordinance No. 136, 1979, on First Reading.
YEAS: Councilmembers Bowling, Gray, Kross, Reeves, Wilkinson and
Wilmarth.
NAYS: Councilman St. Croix.
THE MOTION CARRIED.
Ordinance Adopted on First Reading,
Annexing Property Known as the Steely
Annexation.
Following is the City Manager's memorandum on this item.
Description
A proposal to annex, a parcel of land 100' x 300' located at 1635
S. Overland Trail and requesting R-hi, Medium Density Residential
Zoning.
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October 2, 1979
Area Description
1
There is a small single family dwelling unit located on the
subject parcel. Public Service has a large substation to the
North in the County zoned FA-1. To the west and south, two
story multi -family units are situated in the City zoned R-i.
To the east is vacant land in the City zone) B-L.
Recommendation:
Staff recommends approval of the Annexation request.
This request is a small in -fill parcel of .688 acre in size.. It
is situated between a large utility substation and a large multi-
fa:r.ily project. None of the City departments had a major concern
or problem due to the limited size of the request. The request
does conform to the adopted City goals."
Councilman Wilkinson, made a motion; seconded by Councilman St.
Croix, to adopt Ordinance No. 137, 1979.
YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix,
Wilkinson and Wilmarth.
WAYS: None.
THE MOTION CARRIED.
1
Ordinance Adopted, Zoning Property
Known as the Steely Annexation.
Following is the City Manager's memorandum on this item.
"See previous agenda item for background information."
Councilwoman Reeves, made a motion, seconded by Councilman
Wilkinson, to adopt Ordinance No. 138, 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,.
Vacating a Right -of -flay in Village
West, Eiqhth Filing.
.Following is the Manager's memorandum on this item.
"The Foothills Village Homeowners Association has requested that the 10'
walkway between lots 17 and 18 (1418 and 1424 Freedom Lane) be vacated
and conveyed to the owners of lots 17 and 18.
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1
1
October 2, 1979
This ordinance was presented on first reading on July 17th and was tabled to allow
further negotiation with the Homeowners' Association on the access.
Background
The preliminary plat of the Village 41est 8th Filing was approved by the
Planning and Zoning Board on December 8, 1976. A condition of approval
of the 76 single family lot subdivision was that a"pedestrian-bikeway connection
be provided on the northeast corner of the interior loop street to Heatheridge
Road". The Council concurred with this recommendation and approved the pre-
liminary plat.
The final subdivision plat, consisting of 80 single family lots, included an
additional 1.5 acre private greenbelt area between the single family lots in
Village West and the adjoining Foothills V llage development. This greenbelt
area is maintained exclusively for and by the Foothills Village Homeowners
Association, which includes homeowners of the development, plus all the owners
of the single .family lots which abut the, greenbel t.
The final subdivision plat was approved with a 10' walkway R.O.W. between Pots
17 and 18, but did not extend through the private greenbelt area to Heatheridge
Road.
Recommendation
The Village West 8th filing subdivision is conveniently located within
walking and bicycling distance to shopping (Spring Creek Shopping Center),
Community park (Moore Park), schools (Blevins Junior High School and
Bennett Elementary School), and private recreational facilities (Village .
West Swimming Pool). Pedestrian and auto access to and from the site is,
however, rather limited. The Larimer #2 and New Mercer Irrigation Canals
prevent direct westward movement from the property. Constitution Avenue
serves as the only connecting street for the area, partly as a result of the
deletion of Heatheridge Road extension. Pedestrian access to shopping,
Bennett Elementary School and Moore Park for the residents is from Stuart
St. via Heatheridge Road and the walkway. Both the City's Goals and
Objectives and Land Use Policies encourage and foster pedestrian
movement systems within the neighborhoods. The staff feels that
pedestrian walkway at this location is necessary to provide easy
and convenient access to shopping, schools and recreational
opportunities.
2. The final subdivision plat of the Village West 8th Filing dedicated
a walkway R.O.W. between Lots 17 and 18.. The plat, however, did not
allow for public access from this R.O.W. access through the private
greenbelt area to Heatheridge Road. If the Council deems that pedes
October 2, 1979
trian access is necessary at this location, the intervening.public
access connection, must be made. Furthermore, there have been
comments from the neighborhood, that there is no clear indication
of where the walkway begins and private property ends, resulting in
users meandering into adjoining private property. The staff would
recommend that the City commence acquiring the additional 45' of
R.O.W. and install a permanent 8' sidewalk -and fence in the R.O.W.
to protect the surrounding private property and to readily iden-
tify the boundaries of the walkway,system. An estimated cost for
acquisition of the R.O.W. and installation of improvements is inc-
luded in attachment 3."
Mr. John McGraw, 1366 Woodcrest Court, responded to Council in-
quiries regarding the proposed easement.
Mr. Bob Keller, 1330 Woodcrest Court, spoke in support of the
recommendation of the staff.
r. David Massey, 1400 Freedom Lane, spoke in support of the
staff recommendation.
Mr. Bruce Eggers, 1448 Edgewood Court, spoke of the liability
question on private property.
Councilman Kross, made a motion, seconded by Councilman Wilkinson,
to adopt Ordinance No. 87, 1979.
YEAS: Councilmembers Bowling, Gray, Kross, Wilkinson and Wilmarth.
NAYS: Councilmembers Reeves and St. Croix.
THE MOTION CARRIED.
University Square P.U.D. Final Approved.
Following is the City Manager's memorandum on this item.
This is a final proposal for 144 apartment units (6 buildings - 24 units,
each) on approximately 6.8 acres, zoned B-P, located at the southwest
corner of Pitkin Street and S. College Avenue.
At their August 7 meeting, the City Council voted.4= 3 to approve the
preliminary plan for University Square 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".
1
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I
October 2, 1979
2. That additional parking spaces be provided per staff review and a
variance be 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 eliminated.
5. That all landscaping immediately adjacent to Lake and Pitkin
Streets be confined to low growing vegetation.
As the final plan adequately addresses the above conditions, staff recommends
approval of University Square P.U.D., Final.
Councilman Wilkinson, made a motion, seconded by Councilwoman
Peeves, to approve University Square P.U.D. Final.
YEAS: Councilmembers Bowling, Reeves, St. Croix, Wilkinson.
NAYS: Councilmembers Gray, Kross and Wilmarth.
THE fiOTION CARRIED.
Albertson's P.U.D., Preliminary Approved.
Following is the City Manager's memorandum on this item.
M
This is a request for preliminary approval of the Albertson's P.U.D.
located at the southwest corner of Horsetooth Road and S. College Ave.,
lots 1 - 4 of the Creger Plaza Subdivision. The proposal is for an 80,000
sq. ft. neighborhood shopping center, including as a major tenant, a
41,384 sq. ft. Albertson's food market. Also planned are retail, restau-
rant, and office uses.
Land Use Breakdown
Gross Area - - - - - -
Buildings - - - -
Parking - - - - -
R.0. W- - - - - - -
Open - - - - - -
Parking Space Provided
397,698
sq.
ft. -
- 9.13
acres
80,064
sq.
ft. -
- 1.84.acres
-
- 20.0%.
171,564
sq.
ft. -
- 3.94
acres -
- 43.2%
48,350
sq.
ft. -
- 1.11
acres -
- 12.2%
97,720
sq.
ft. -
- 2.24
acres -
- 24.6%
100.0%
- 402
Sol-IM
October 2, 1979
Issues
Conformance with S. College Avenue access plan. This plan provides
for signalized intersections at Horsetooth, Boardwalk, Troutman, and
Harmony Roads. All other access onto S. College Avenue will be res-
tricted to right turn in and out only, as center median breaks will
occur only at signalized intersections. In addition, there will be
no center median breaks along Horsetooth Road, between Mason Street
and S. College Avenue.
The submitted Albertson's site plan shows unrestricted curb -cuts on
S. College Avenue, Horsetooth Road, and Creger Drive.
Provision of a major neighborhood commercial center at this location
will have a short-term impact on the development of similar• centers
throughout the City. (Specifically, Raintree, Brown Farm, Golden
Meadows, Horsetooth-Timberline.) .Approval of the Albertson's site
will have the effect of delaying the development of these sites until
a significant market can be generated for them.
Conformance with policy #10 of the City Land Use Plana All levels of
commercial development including convenience centers, neighborhood
service centers, and regional developments, which have significant.
negative transportation impacts on S. College Avenue will be dis-
couraged from gaining their primary access from College Avenue.
The submitted Albertson's site plan shows an unrestricted curb -cut
on S. College Avenue.
Recommendation
Staff recommends approval of the Albertson's P.U.D. subject to the
following conditions:
Revision of circulation and access system.
a. The curb -cuts which are shown on S. College Avenue, Creger
Drive and S. College Ave., and Horsetooth Road will be restricted
to right turn in and out only. As these curbcuts will not pro-.
vide primary access to the site, treatment of them should be
de-emphasized.
b. The two curbcuts shown on Mason Street should be consolidated
into one and be emphasized as the primary access to the site.
Emphasis of Mason Street access is consistent with the Albertson's
Market Study which states that 50% of the market for this center
will be from the south and west.
c. The straight shot, in front of the
S. College Avenue should be broken
complex, from Mason Street to
up.
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I
October 2, 1979
2. Participation in traffic improvements.
a. Participation in traffic signals at the intersections of
Horsetooth and College and Mason and Horsetooth.
b. Provision of a bridge over Larimer County Canal V'2.
c. Provision of a right turn bay at 'the intersection of Horsetouth
and South College Avenue.
d. Participation in required arterial and collector street improve-
ments along bordering streets.
3. Improvement of pedestrian and bicycle access on site.
a. Provision of additional pedestrian access between all buildings.
b. Provision of sidewalks back from the curbs.
c. Provision of bikeways along Mason, Creger, and Horsetooth Roads.
d. Provision of bicycle parking facilities.
4. Submission of required drainage information to the City Engineer.
a. Clarification of required drainage information to the City
Engineer.
5. Provision of additional landscaping on site.
a. Additional landscaping around the perimeters of all buildings
should be provided, especially around the main building.
b. Additional screening from service areas off of Creger Drive
should be provided.
Subsequent to the Planning and Zoning Board meeting, the applicant submitted
a revised site plan which addressed all staff conditions.,,
�r. Pleid Rosenthal, representing the petitioner, addressed
specifics of the site.
Councilman Wilkinson, made a motion, seconded by Councilman
Kross, to approve the Albertson's P.U.D., Preliminary.
YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix,
Wilkinson and Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Amendment to Cottonwood P.U.D.
Children's World P.U.D. ADDroved.
Following is the City Manager's memorandum on this item.
"This is a proposal to increase the area of the building for
the day care center in the already approved Cottonwood P.U.D.
The size building approved on the P.U.D. is 4,000 sq. ft. and
the reque.st is to increase the size to 6.016 so. ft.
Land Use Data
Site area - - - - - - - - - -
Building Coverage - - - - - -
Active Recreation Open Space -
Open Space ---- - - - - - -
Driveway & Parking - - - - - -
Recommendation
October 2, 1979
32,474 sq.
ft. -
- 100%
6,016
sq.
ft. -
- 18%
10,993
sq.
ft. -
- 34Y
7,000
sq.
ft. -
- 22%
8,380
sq.
ft. -
- 26%
Staff recommends approval of the amendment to Cottonwood P.U.D.,
subject to the following conditions being addressed on the final site plan
1) investigate the possibility of.reducing the number of provided
parking spaces and utilizing the area in front of the building
as a drop-off area;
2) meet the City zoning requirements as to the number of children
per building size and playground area;
3) provide sidewalks along Marquette Street;
4) Improve Marquette Street to Stover Street before develop-
ment on the project occurs."
Councilman Wilkinson, made a motion, seconded by Councilman St.
Croix, to approve the amendment to Cottonwood P.U.D., Children's
World P.U.D. subject to conditions two through four.
YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix,
Wilkinson and Wilmarth.
14AYS: None.'
THE MOTION CARRIED.
Elliott -Miller Foothills West Subdivision,
16th Filing, Preliminary and Final Approved.
Following is the City Manager's memorandum on this item.
"This is a proposal for a two lot subdivision on 3.6+ acres zoned
B-L, located on S. Overland Trail, South of -West Prospect Street.
The Planning and Zoning Board unanimously recommended approval
of the preliminary plat, as its March 13 meeting subject to:
1. Utility easements, drainage and detention being addressed;
2. The inclusion of a seven -foot pedestrian/bike path along
Overland Trail.
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October 2, 1979
As the final plat adequately addresses the above conditions, staff
recommends approval of Elliott -Miller Foothills West Subdivision,
16th Filing, Final. There are no outstanding issues or un-
resolved problems,"
Councilwoman Gray, made a motion, seconded by Councilman Kross,
to approve the Elliott -Miller Foothills West Subdivision, 16th
Filing, Preliminary and Final.
YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix,
Wilkinson and Wilmarth.
NAYS: None.
THE MOTION CARRIED.
South Shore P.U.D. Preliminary Approved.
Following is the City Manager's memorandum on this.item.
Proposal
Total number of lots - - - - - - - - - - - 24
20 single family lots
4 duplex lots
Number of,dwelling units - - - - - - - - - 28
Density - - - - - - - - - - - - - - - - - -2.2 dwelling units/acre
Gross area - - - - - - - - - - - - - - 12.82 acres
Green/open space - - - - - - - - - - - 3.0 acres - - 25.0%.
Active open space - - - - - - - - - - 1.8 acres - - 15.0%
Estimated lot Green Area - - - - - - 5.7 acres - - 44.5%
Street area - - - - - - - - - - - - - - - 1.5 acres - - 11.7%
Estimated building area - - - - - - - - - 2.6 acres - - 20.3%
The site plan has two areas. A 24 large lot single family area, these
lots range in size from 11,700 sq. ft. to 19,200 sq. ft. The area has
a large green belt area and a tennis court with no night lighting. The
northern tier of lots will have access and use of Lake Sherwood, the re-
mainder will have the use of the recreational facility within the Nelson
Farm. The second area is comprised of four duplex lots which range in
size from 14,000 sq. ft. to 16,500 sq. ft. The. residents will have use
of the Nelson Farm Recreation Center which is located immediately across
the street.
Area Description
Subject parcel is vacant parcel situated at the south shoreline of Lake
Sherwood. The area to the south and west is part of developing single
family subdivision and P.U.D.'s. There are two story townhouses to the
north and northeast zoned R-P. East of Parklake Drive'are the railroad
tracks which form the eastern boundary for this area.
i lm
October 2, 1979
Major Issue
The street within this development is proposed as private. 32' wide
street with 24 parking bays in several locations. There are no curb or
gutters proposed; however, a 2' width edging will be used to confine the
asphalt. There are several design deficiencies within the street - such
as a radius less than 90°, unchannelized intersection, and location of the
Iparking bays on curves.
IThe Public Works Department recommends that this street be a public
street. It is felt that the City will inherit this street in several
years and the ensuing problems.
The Public Works Department bases this recommendation on the added expense
of maintenance of the narrower streets and the parking bays, problems
caused by no on -street drainage, problems of circulation of large service
vehicles, and the added expense to the City of attempting to solve these
problems, when the HOA approaches the City to accept the street as public
in the future.
Recommendation
j The Staff recommends approval of this request to City Council subject
to the following conditions:
1. The street be designed to the following street standards set forth by
the Public Works Department:
a. Right-of-way to be dedicated from back of curb to back of curb
or sidewalk plus 6" on either side.
b. Rollover curb and gutter only on one side with a combination
curb and gutter and walk on house side.
c. Crowned streets.
d. Elimination of parking bays on curve areas.
e. Parking bays to be the maintenance responsibility of the Home-
owners Association.
f. Radii of at least 90o.
g. Channelization of the intersection.
2. That issues and concerns set forth in this report be addressed;
3. That the applicant submit a letter and/or revised preliminary site
plan agreeing to these conditions prior to the,City Council review
of this preliminary P.U.D.;
4. Legal documents of Homeowner's Association.
A letter has been received from the applicant agreeing to the above
conditions.''
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October 2, 1979
Councilman St, Croix, made a motion, seconded by Councilman
Wilkinson, to approve South Shore P.U.D., Preliminary.
YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix,
Wilkinson and Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Other Business
a. City Manager, John Arnold, reported that he and the Mayor
would be attending the Public Technology Inc., Conference in
Washington D.C.
b. The Manager also reported that the City has still not heard
from the P.U.C. Hearing examiner on the Lemay Avenue Crossing.
C. City Manager, John Arnold, requested that Council start
a work session on the Budget at 9:00 a.m. to noon and
regular work session from 1:00 p.m. to 4:00 p.m.
d. City Manager, John Arnold, reported there are two resig-
nations in the Public Works Department, Tom Hays and Don
Parsons.
Adjournment
The meeting was adjourned at 12:00 p.m., on October 2, 1979.
ATTEST:
City Clerk
ayor
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