HomeMy WebLinkAboutMINUTES-11/06/1979-RegularJ
November 6, 1979
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council - Manager Form of Government
Regular Fleeting - 5:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on
Tuesday, November 6, 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, Liley, Lewis, Krempel, M. Smith,
Lee, P.upel, Mabry, Deagla, Frazier, C. Smith, Dal low, Harmon, Krajicek,
Case, Botteron, Kost and Caster.
Agenda Review: City Manager
City Hanager, John Arnold, called Council's attention to the Consent
Calendar, on which four items are recommended for tabling. Two items have
been requested to be pulled; item #22, Second Reading of Ordinance No. 44,
1979, Annexing the South College Properties, and item #23, Second Reading
of Ordinance No. 119, 1979, Zoning Property Known as the South College
Properties.
City 'Manager, John Arnold, then stated he had one item of other business.
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 sepa-
rately. (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;
Items on the Consent Calendar are:
1) Ordinances on First Reading that are routine.
2) Ordinances on Second Reading that are routine.
3) Those of no controversy;
4) Routine administrative actions.
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November 6, 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.
4. Consider approval of the Minutes of the Regular Meeting of October 16, 1979.
5. Second Redding of Ordinance No. 141. 1979. Vacatina a Portion of a Utility
6.
This Ordinance was adopted unanimously on October 16th and is a request to
redescribe an easement located in Lot 1 of Scotch Pines, 7th filing.
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rm.
zinc the Citv to
This Ordinance passed favorably on First Reading on October 16th and awarded
a three-year contract to Clifton, Gunderson and Co. to conduct the City's
annual audit.
7. Second Readinq of Ordinance No. 144. 1979. Relati
This Ordinance was adopted unanimously on First Reading on October 16th and
relates to the City's 1980 annual appropriation.
8. Second Reading of Ordinance No. 145, 1979, Relatinq to Parkland Fees and
Increasing the Amount of Said Fees to $450.00.
This Ordinance passed unanimously on First Reading on October 16th and would
increase the Parkland Fee to $450.00.
9. Second Reading of Ordinance No. 146
an.
inq 1980 Ci
This Ordinance was favorably adopted on First Reading on October 16th
and would adopt the 1980 City of Fort Collins Employee Pay Plan.
10. Second Reading of
Construction of a
7
inq Res
This Ordinance passed unanimously on First Reading on October 16th and
would appropriate $97,500.00 from the Perpetual Care Fund for the construction
of a cemetery maintenance facility.
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November 6, 1979
11. Second Reading of five Ordinances Establ i shi no Accounting Funds.
a. Second Reading of Ordinance No. 148, 1979, establishing a
Transfort Fund.
b. Second Reading of Ordinance No. 149, 1979, establishing a
. Cemetery Fund.
c. Second Reading of Ordinance No. 150, 1979, establishing a
Performing Art Fund.
d. Second Reading of Ordinance No. 151, 1979, establishing a
Lincoln Community Center Fund.
e. Second Reading of Ordinance No. 152, 1979, establishing the
Community Services.Fund.
As a result of the 1978, 1979, and 1980 Budgets, there are five funds that are
either proposed or in operation that need to be established by Ordinance in
accordance with City Charter.
12. Second Reading of Ordinance No. 153 1979 Providing for an Adjustment of the
Water Utilities Plan* Inves ment Fees.
This Ordinance was adopted unanimously on First Reading on October 16th and
would increase the Water Plant Investment Fees by 10% in 1980.
13. Second Reading of Ordinance No. 154 1979, Providinq for the Billina of
This Ordinance was adopted unanimously on First Reading on October 16th
and would delete the provisions relating to tap charges from the City Code
and would provide for a direct charge for the City Costs.
14. Second Reading of Ordinance No. 156 1979 Providing for the Collection of
Storm Drainage Plant Investment Fee.
Staff recommends this Ordinance be Tabled on Second Reading until November
20th.
15. Second Reading of Ordinance No. 157. 1979. ADorooriatina Funrk tram -
This Ordinance passed favorably on First Reading on October 16th and would
appropriate $100,000 from accumulated reserves to fund several studies
related to Storm Drainage.
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16. Hearing and
17.
November 6, 1979
of Ordinance No. 158, 1979, Vacating a Portion
ree
This is a request to vacate the west 5 feet of South Mack Street along
Block 2 of the Washington Place Subdivision (between Mountain and Oak).
Mack Street currently has an inappropriate right-of-way of 80 feet.
Resolution Chanainq the Name of Pinewood Townhomes, First Filing to the
r
mes.
Bankers National Mortgage Corporation has submitted a petition to change
the name of Pinewood Townhomes subdivision to Arlington Townhomes.
18. Hearing and First Reading of Ordinance No. 159 1979 Changing the Criteria
for Minor Amendments to Final P.U.D. Plans.
This is a staff initiated proposal to revise the portion of the P.U.D.
Ordinance which relates to amendments on final unit developments plans.
19. Hearing and First Reading of Ordinance No. 160, 1979 Resolving a Property
This Ordinance would authorize the City Manager to enter into an agreement
with the State Board of Agriculture to resolve a property line deviation
with Colorado State University in accordance with a survey conducted by
M & I Consulting Engineers.
29. Resolution Approving an Implementation Schedule for the Fort Collins Portion
This Resolution would clarify the implementation schedule for the selected
control measures with which to bring about compliance with national ambient
air quality standards.
21, Hearing and First Reading of Ordinance No. 132, 1979, Authorizing the Ci
to Enter into an Aareement with Elevator Properties for the Lease and OF
Staff recommends that this item be tabled until November 20th.
22. Second Reading of Ordinance No. 44, 1979, Annexi
Properties.
Staff recommends tabling this Ordinance until December 4th.
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November 6, 1979
23. Second Reading of Ordinance No 119 1979 Zoning Property Known as the
Staff recommends tabling this Ordinance until December 4th.
24. Preliminary Plat of Greenwood Commons, P.U.D.
This is a request for preliminary P.U.D. plat approval for 1.74 acres
located on the northeast corner of the intersection of Shields Street and
James Court (more commonly known as 1302 and 1304 S. Shields).
25. Amendment East Elizabeth Medical Center P.U.D.
This is a preliminary and final proposal for an amendment to the approved
East Elizabeth Medical P.U.D. zoned B-P, located on E. Elizabeth St., east
of Lemay Avenue.
26. Routine Deeds and Easements.
a.
Power line easement from Evergreen Park II, located in the 1500 block of
Blue Spruce Drive, for the purpose of providing electric service to the
Evergreen Park Office Building I. Consideration: $1.00. .
b.
Easement Agreement with the 14 Investment GrouD for a 110 linear foot
sewer line at 1400 Riverside. consideration: .00.
c.
Two easements from Mees II, Ltd. (Osprey Homes) for utilities, maintenance,
and access in Stonehenge 4th Filing and Stonehenge 6th Filing.
Consideration: $20.00.
d.
Agreement of Sale and Purchase with Howard Bender for Poudre Trails
property, located between Shields Street and Martinez Park.
Consideration: $7,200.00.
e.
Agreement of Sale and Purchase with the S & F Agency for 1.8407 acres to
be esed for a part of the Poudre Trails System, located north and south
of Highway 14. Consideration: $5,160.00
f.
Bridge crossing agreement with Larimer County Canal No. 2 in Rolland Moore
Park, for a portion of the Spring Creek Trails System. Consideration:
$250.00.
g.
Bridge crossing agreement with Arthur Irrigation Company, located east of
Sterling Sand and Gravel on Nor a oa or a part of the
Poudre Trails System. Consideration: $250.00.
h.
Slope Easements and Temporary Construction Easements from the S & F Agency
for the Lemay Avenue Extension. Consideration: $10.00.
E N D C 0 N S E N T
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November 6, 1979
The following items were removed from the Consent Calendar:
Item #8: Second Reading of Ordinance No. 145, 1979, Relating to Parkland
Fees and Increasing the Amount of Said Fees to 450.00.
Item #22: Second Reading of Ordinance No. 44, 1979, Annexing the South
College Properties.
Item ,#23: Second Reading of Ordinance No. 119, 1979, Zoning Property
known as the South College Properties.
Ordinances on Second Reading were read by Title by City Clerk, Verna Lewis:
5. Second Reading of Ordinance No. 141, 1979, Vacating a Portion of a
Utility Easement in Scotch Pines, 7th Filing.
6. Second Reading of Ordinance No. 142, 1979, ,Authorizing the City to enter
into an Agreement with Independent Audit Firm.
7. Second Reading of Ordinance No. 144, 1979; Relating to the City's Annual
Aooropriation for 1980 and making the Pill Levy.
8, Second Reading of Ordinance No. 145, 1979, Relating to Parkland Fees and '
Increasing the .Amount of said Fees to $450.00.
9. Second Reading of Ordinance No. 146, 1979, .Adopting 1980 City of Fort
10. Second Reading of Ordinance No. 147, 1979, Appropriating Reserves for
11. Second Readinq of Five Ordinances Establishinq Accounting Funds.
a. Second Reading of Ordinance No. 148, 1979, establishing a
Transfort Fund.
b. Second Reading of Ordinance No. 149, 1979, establishing a
Cemetery Fund.
c. Second Reading of Ordinance No. 150, 1979; establishing a
Performing Art Fund.
d. Second Reading ,of Ordinance No. 151, 1979, establishing a
Lincoln Community Center Fund.
e. Second Reading of Ordinance No. 152, 1979, establishing the
Community Services Fund.
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November 6, 1979
12. Second Reading of Ordinance No. 153, 1979, Providing for an adjustment
of the plater Utilities Plant Investment Fees.
13. Second Reading of Ordinance No. 154, 1979, Providing
of .dater and Sewer tap charges on the Basis of Actua
14. Second Reading of Ordinance No. 157. 1979. ADorooria
Accumulated Reserves in the Sewer Utility Fund for Storm Drainage
Purposes.
Ordinances on First Reading were read by Title by City Clerk, Verna Lewis:
16. Hearing and First Reading of Ordinance No. 158, 1979, Vacating a Por-
tion of South Mack Street
18. Hearing and First Reading of Ordinance No. 159, 1979, Changing the
Criteria for Minor Amendments to Final P.U.D.. Plans.
19. Hearing and First Reading of Ordinance No. 160, 1979, Resolving a prop-
erty Line Deviation with Colorado State University.
Councilwoman Gray made a motion, seconded by Councilman St. Croix, to adopt
' and approve all items not removed from the Consent Calendar.
YEAS: Councilmembers Bowling, Gray, Kross, St. Croix, Reeves, Wilkinson and
Wilmarth. _
NAYS: None.
THE MOTION CARRIED.
Ordinance Tabled Annexing
The South College Properties; and
Ordinance Tabled Zoning Properties
Known as South College Properties.
Following is the City Manager's memorandum on this item.
This Ordinance was presented on Second Reading on October 2nd and was
tabled to this date to allow the applicant to refine the special im-
provement district concept.
To date, the applicant has not submitted their proposal for the special
improvement district concept.
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November 6, 1979
This item has been continued a number of times. Recently, Mr. Reid
Rosenthal attempted to file an annexation petition covering a portion
of the property included in the South College annexation. Staff has
refused to accept this petition because of a state statute which pro-
vides that only one annexation petition should be considered at a time.
However, the City Attorney is concerned about the continued delay in
view of the second petition and would urge that this matter be tabled
no more than one more time. --
Attorney Arthur ;arch Jr., representing the petitioners, stated he felt;
it was desirable to make a presentation at this meeting and then that
the item be tabled as the staff recommends. He then presented a packet
to the Council containing a questionnaire regarding the issues, a pro-
posed method of assesment, and a tabulation of the ouestionnaire.
City Manager, John Arnold, reminded Council that none of the background
mentioned had been provided for Council's consideration on this item.
Attorney i9arch requested Council's guidance on what other information
Council desires to :Hake their decision.
Councilman St. Croix made a motion, to table Second Reading of Ordinance '
No. 44, 1979, and Ordinance No. 119, 1979, on Second Reading, to Nover::ber
20, 1979.
YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Kross, 'Ailkinson
and Wilmarth.
NAYS: None.
THE :40TION CARRIED.
Ordinance Adopted on Second Reading, Relating
to Parkland Fees and Increasing the ,Amount of
Said Fees to $450.00.
Following is the City Manager's memorandum on this item.
"This Ordinance passed unanimously on First Reading on October.l6th and
would increase the Parkland Fee to $450.00."
Councilman Wilkinson inquired into the financial report, which .indicated
that fees are up.
City flanager, John Arnold, responded that while the fees are up, there is
need to acquire and develop park land. The Parks and Recreation Board
had recommended the increase to $450.00. 1
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November 6, 1979
Councilwoman Gray made a motion, seconded by Councilman St_ Croix, to
adopt Ordinance No. 145, 1979, on Second Reading.
Councilman Wilkinson rnade a motion, to amend the Ordinance by deleting
the figures $450.00 and substituting the figures $350.00.
Mayor Bowling declared the motion dead, for lack of a second. The
Mayor then out the original motion with the following vote.
YEAS:. Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, !,iilmarth.
NAYS: Councilman Wilkinson.
THE MOTION CARRIED.
Resolution Adopted Authorizing the Expenditure
of $8,500 from Contingencies to Implement an
Emergency Federal Energy Conservation Program.
Following is the City Manager's memorandum on this item.
"The Department of Energy has issued mandatory Emergency Building
' Temperature Restrictions Regulations effective July 16, 1979, placing
restrictions on temperatures for heating, cooling and domestic hot
water in commercial, industrial and government and other non-residential
buildin�s. The regulations require that thermostats be set no loner
than 78 F for cooling, no higher than 650 F for heating, and no higher
than 1050 F for domestic hot water. The regulations also require room
temperature set -backs during periods when the building is unoccupied.
Owners and operators of buildings covered by the regulation are required
to post a Certificate of Building Compliance as well as file documents
with the Government.
Civil penalties of up to $5,000 and criminal 'penalties of up to $10,000
are provided for violations of the regulations. The regulations will
remain in effect until April 16, 1980, unless rescinded earlier by the
President.
The City of Fort Collins may be entitled to exemptions from the temper-
ature restrictions under certain specified conditions. (1) General
exemptions which relate to circumstances of a business activity. For
example, an exemption for "special equipment" such as a computer facility,
would be available only in those areas within the covered'building
containing such specific equipment, and in no other area. An exa.1ple of
(2) Specific Exemptions would be on solar heating in the New City Hall.
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November 6, 1979
Recommended implementation guidelines:
1. Inform all Department Heads concerning the Federal
Compliances and implementations.
2. Have the City Public Information Officer initiate an
energy conservation/restrictions awareness program to
inform all building users about the Federal.Compliances
and Regulations. Insure that building users are aware
of the severity of tampering with set controllers, and
the jeopardy they are putting the City in, should a
thermostat or controller be altered or changed.
3. Have Department Heads designate a Building Energy
Coordinator for each facility.
The cost to implement these regulations will be approximately
$8,500. These costs will include professional engineer
recommendations, contractual mechanical work, parts and
components necessary to upgrade existing units. These Federal
regulations were unanticipated and therefore, not budgeted."
Councilwoman Gray made a motion, seconded by Councilman Kross, to adopt -
the Resolution.
YEAS: Councilmembers Gray, Kross, Reeves, St. Croix.
BAYS: Councilmembers Bowling, Wilkinson and Wilmarth.
THE MOTION CARRIED.
Discussion with Representative of State
Electrical Board Held, No Action Taken.
Following is the City Manager's memorandum on this item.
The State Electrical Board has requested an opportunity to meet with
I
Council concerning the,City's alleged violation of' state statute relating
to electrical inspections. The State takes the position that these in-
spections can be accomplished only by journeyman or master electricians.
The City presently utilizes a "combination" inspector concept. Under
this program one and two family dwelling units are inspected by "com-
bination" inspectors qualified to inspect an entire structure.
1
1
1
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November 6, 1979
More complex structures are given seperate electrical inspections by
either of the two certified electrical inspectors we have on staff.
Attached please find a letter from the State Electrical Board and a response
from the Building Inspection office. George Waterhouse, the Executive
Director of the State Electrical Board, will be at the meeting to address
the Council."
Mr. George K. Waterhouse, Director of the Department of Regulatory Agencies,
State Electrical Board, reported that the City of Fort Collins is not com-
plying with the state statute requiring inspectors to be state -licensed
electricians.
Councilmembers inquired into the quality of the City's inspections, which
they felt were "as good, or better" than that provided by the state.
Attorney Somerville, of,the Attorney General's office, responded to Council
inquiries regarding the application of the statute.
At the conclusion of the hearing Council decided to take no action on this
matter but to direct staff to actively oursue some system to getting a
variance to a statute regarding licensed electricians.
' Citizen Participation
a. Recognition of Gilbert Tellez for $50,000 accident -free miles.
Police Chief, Ralph Smith, introduced Officer Gilbert Tellez and Lieutenant
Brad Hurst and presented a plaque in recognition to Officer Tellez for 50,000
accident -free miles.
b. Recognition of Bob Coonts for design of Lincoln Community Center logo.
Ellen Thexton, Assistant to the City Manager for Cultural Resources, intro-
duced Bob Coonts, and recited the history of the logo desined by him.
Mayor Bowling presented a plaque of appreciation to Mr. Coonts.
c. Proclamation naming November 12-16 as "Youth Appreciation Week".
d. Proclamation naming November 11 as Veterans Day.
Public Hearing on Obscenity Issue.
At a recent work session, Council decided to hold a public hearing to receive
public input on the pornography issue.
I - 240 -
November 6, 1979
Mayor Bowling, with the concurrence
of the Council set a three minutes
limitation for presentations.
The
following persons spoke at the
public hearing.
1.
Jane Tester
229 Walnut Street.
2.
Ben W. Kimbell
3501 Lancaster
3.
Terry Rains
3305 N. County Road, 23E.
4.
Hollis Whitrock
1827 Remington
5.
Jack Carter
3708 Soderburg Street.
6.
Debby Bonner
1713 Fremont
7.
Norman E. Wynn
1300 Green St.
8.
Tyler A. Woolley
1813 Crestmore Place
9.
Duane R. Hampton
University Village E. Apt. 13K
10.
Homer Bollinger
1920 Mohawk
'
11.
Walter R. Jones, Jr.
2004 Valley Forge Avenue.
12.
Joe Stern
1221 Laporte Avenue.
13.
Maureen Mortensen
760 Orford Lane.
14.
Sterling Mortensen
760 Oxford Lane.
15.
Richard Lindeborg
1414 Laporte Avenue.
16.
Jim Sabey
527 S. Shields
17.
Hannah Martin
3325 N. Shields.
18.
Robert W. Drake
3112 Azalea Drive.
19.
David Benefiel
207 Whedbee
20.
Sidney P. Goldstein
940 Pioneer Avenue.
21.
Steven B. Hatch
419 Tedmon.Drive.
1
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1
November 6, 1979
22. Kirk Beck 3425 Hampton
23. Jim Wilson 2506 Charolais
24. Jacqueline Reid 2428 Westview Road.
25. Lynn Porter 1320 Lory
26. Reverend Roy E. Knutson THE PEOPLES CHURCH.
27. Richard Hershcoff 1516 Elm Street.
28. Randy Crider 2313 W. Stuart
29. Peggy Becker 912 Gregory Road.
30. Cyndy Cadenhead 405 D. Loma Linda
31. Phil Johnson 1621 Lakeridoe Court.
32. John Gascoyne 519 North Grant.
33. James H. Joy 1711 Pennsylvania, Denver, Colorado
34. Bruce Taylor 440 Leader Building, Cleveland, Ohio.
At the conclusion of the hearing Council'members decided to take no action
to enact more restrictive ordinance than are already in effect.
COG Fundinq and organization. Reviewed
Councilwoman Reeves reported that at a recent COG meeting it had been
announced that Weld County has determined to cut their funding by aboat 400'.
The COG will meet again on November 14, 1979, to discuss the budget, and
she requested Council guidance on how to pursue this matter.
Councilmembers encourage the pursuit of full funding by all entities. No
further action taken on this item.
Resolution Adopted Authorizing the Acquisition
By Eminent Domain of Certain Lands in the City.
Withdrawn
City Manager, John Arnold, stated this iter:; has been withdrawn by the
applicants as they have resolved the problem.
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November 6, 1979
Ordinance Tabled on First Reading, Zoning
Property Known as the Werner Annexation.
Following is the City Manager's memorandum on this item.
This is a request to annex approximately 48 acres at the northwest corner
of Horsetooth and Shields and request to zone the eastern 18.7 acres to
RMP and the western 29 acres to RP.
The subject parcel has a mixture of land uses. The eastern portion has
several dwelling units and some vacant land. The western portion con-
tains several horse stables, corrals, and a riding academy.
The Cunningham Corners development has been approved for the northeast
corner of Horsetooth Road and Shields, zoned HB (Conditional) and RP.
Chism Homes mixed -use development has been approved for the southeast
corner, zoned RLP. The area to the north is a part of Wagon Wheel
development which is a standard subdivision. Trend Homes development
is to the west. The area to the south is zoned FA-1 in tFie County.
Major Issues (Annexation)
1. The Police, Fire and Public Works Department are all concerned about
their ability to provide acceptable levels of service within the
financial constraints of their operating budgets to newly annexed
property. This concern is of a general nature related to all annex-
ations, not just this one in particular. The significance of this
concern increases every .year.
2. The horse -related land uses located in the western 1/4 of the
proposal are a problem. The present owners are planning expansion
of the stables. The present City Ordinances do not recognize horse
stables, riding academies, or similar types of uses.
Due to issue #2, the Planning and Zoning Board, on a 6 to 1 vote ;,recommended
annexation of only those parcels whose property owners wish annexation. To
date, two property owners have expressed a desire not to be annexed.
Staff Recommendation
Due to potential problems related to County islands in the City, the staff
recommends that the entire parcel be annexed. However, Council should
recognize the potential economic hardships associated with annexation
and be ready to face requests for expansions of non -conforming uses and
variances to mitigate these hardships.
�J
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1
November 6, 1979
Major Issues (Zoning)
1. The request would yield the following:
RP @ 12 DU/acre 354
RMP @ 20 DU/acre 374
728 Total
2. There is a need for variation of housing styles and types to break up
the expanse of the single-family subdivisions to the north and west;
however, it is felt that RMP is too dense for the area. Additional
density may be aooropriate for this corner, but it can be acquired
through density shifts from other portions. This approach would
also require a united site plan.
3. The granting of RMP would set a precedent for the area for future
requests.
4. There are more aooropriate areas for the high density zoning. The
request does not conform to location criteria set forth in the Lard
Use Policies Plan.
The Planning and Zoning Board recommends denial as requested, but approval
of RP for the entire site, based on the findings that RP zoning district
is in general conformance with adopted goals and Policies and the requested
RMP zoning district is not.
Chief Planner, Curt Smith, identified the area in question, and reviewed
the problems of the horse -related land uses; The Planning and Zoning
Board's recommendation and the staff's recommendation.
Mir. Les Kaplan, representing the petitioners, spoke to the request for
excluding the entire site as one application.
Councilwoman Gray inquired into what is being done regarding annexing
areas with acreages. Chief Planner, Curt Sriith, reported that Council
will receive this information in the Development Review Process which is
approximately five months away.
!.City Attorney, Lucia Liley, outlined a procedural problem with this
item, the Ordinance as drafted is not in proper form and she recommended
tabling for one meeting.
Councilman Wilkinson made a motion, seconder by Councilwoman Reeves, to
table the Annexation Ordinance No. 161 1.97q and the tahle zoning.
Ordinance No. 162, 1979, to November 26, 1979.
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November 6, 1979
YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Kross, Wilkinson
and Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Financial Report for Period Ended
September 30, 1979. Reviewed.
Following is the City Manager's memorandum on this item.
"Jim Harmon, controller, will present the Financial Report for the 9 months
ended September 30, 1979.
The Financial Report is being sent under separate cover. "
This item was received and a work session on this item will be held on
November 13, 1979.
Decision of the Zoning Board of Appeals on a
Parking Variance Request at 514 - 520 Howes
Street, Overturned.
Following is the City Manager's memorandum on this item. '
On September 13, 1979 Ed Stoner presented the Zoning Board of Appeals with
a parking variance request (Appeal #1099) for a proposed office building to
be located at 514-520 South Howes Street. The City's parking requirement,
based on the total floor area of the proposed building, was 80 spaces. Mr.
Stoner wished to provide 40 spaces. The Board denied the variance request
by a vote of three to two. It was suggested to Mr. Stoner that he design
a smaller building, so that the required parking could be provided and no
variance would be necessary.
On October`11, 1979 Mr. Stoner returned to the Zoning Board of Appeals with
Appeal #1105, a slight modification of his original request. The proposed
building had not been changed, so the parking requirement per City Code was
again 80 spaces. The parking layout was the same as that presented for
Appeal #1099, except that five new,spaces had been added, bringing the
total proposed parking to 45. Room for these additional parking spaces had
been provided through the newly,proposed removal of several large existing
trees from the site.
City staff recommended that the Zoning Board of Appeals deny Appeal #1105,
since no hardship was involved other than the petitioner's contention that
the City's parking requirements are too strict. It was also felt that a
smaller building could be designed which would require less parking.
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November 6, 1979
The Zoning Board of Appeals, by a vote of four to one, denied the variance.
Mr. Stoner is now appealing that decision.
Since it 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 uphold the Board's decision.
Petitioner Ed Stoner requested a granting of the variance, and he reiterated
the statements of the Zoning Board of Appeals members.
"sir. Les Kaplan, 528 S. Howes Street, spoke in support of the variance
request.
Councilman Wilmarth made a motion, seconded by Councilwoman Gray, to
overrule the Zoning Board of Appeals and grant the variance.
YEAS: Councilmembers Bowling, Gray, St. Croix, Wilkinson and Wilmarth.
NAYS: Councilmembers Reeves and Kross.
THE MOTION CARRIED.
Decision of the.Zoning Board of Appeals, on a
Variance Request at 400 Wood Street, Upheld.
Following is the City Manager's memorandum on this item.
At its regular meeting on October 11, 1979 the Zoning Board of Appeals
unanimously denied a variance request (Appeal 11097) for the property at
400 Wood Street. Mr. Lawrence Jones, petitioner and owner of the property,
is appealing this decision.
Located in an R-M (medium density residential) zone, the property at 400
Wood Street consists of two adjoining lots, each measuring 35 feet in width
and 140 feet in length. A one -family dwelling presently stands near the
center of the property, straddling the two lots' common property line.
Mr. Jones proposes the removal of the existing structure and its replacement
with a multiple -family dwelling having eight dwelling units.
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November 6, 1979
The Zoning Ordinance requires a minimum lot width of 75 feet for a multiple -
family dwelling in the R-M zone. Apparently Mr. Jones believed that this
was not a problem, feeling that his property qualified for the "automatic"
lot width requirement reduction described in Section 118-82A(1) of the
Zoning Ordinance. When told that his property could not be granted as an
"automatic" reduction of the lot width requirement, since it consisted of
two lots rather than "an individual lot" as specified by Section 118-82A(i),
Mr. Jones elected to apply to the Zoning Board of Appeals for a variance.
Staff recommended denial of the variance request, based on the lack of hard-
ship and the fact that redevelopment of the property with a permitted use
(a one -family dwelling or a two-family dwelling) could occur without the need
of a variance.
The Zoning Board of Appeals unanimously denied the variance request on the
basis of overwhelming neighborhood opposition and the belief that granting
the variance would result in substantial detriment to the public good and
would substantially impair the quality of the surrounding neighborhood.
Since it 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 uphold the Board's decision."
r.
Mr. Larry Jones owner of the property, requested Council pveride the decision
of the Zoning Board of Appeals and grant the variance.
Mr. Joe Cienfuegos, 330 Wood, spoke in opposition to the variance.
Mr. Patrick NICNamara, 415 Wood, spoke in opposition to the variance.
Councilwoman Gray made a motion, seconded by Councilman St. Croix, to uphold
the decision of the Zoning Board of Appeals and deny the variance.
YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and
Wilmarth.
NAYS: None.
THE MOTION CARRIED.. •.
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1
I
November 6, 1979
Resolution Adopted Making Appoint-
ments to Parking Commission.
Following is the City Manager's memorandum on this item.
"Twenty-two individuals submitted applications for the 7-members parking
Commission created by Resolution on September 18, 1979.
These applications are being sent under separate cover .for your consideration."
Following is the list of applicants:
Miles R. Austin
Gary Birdsell
Deborah Bonner
Donald E. Colcun
Ray Dixon
James A. Erwin, Jr.
Gary Hewitt
Gerald C. Horak
Duane F. Hougham
Robert H. Huber
Michael J. Keleher
Charles A. LaPresti
Claire March
Max D. McDowell
Sherrie Lee Moore
Charles 14. Peterson
Peggy Ratliffe
Joan P. Seegmiller
Howard L. (Tom) Thomsen
Karen Wagner
Larry L. Wall
Jim Woods
The following persons were appointed :
NAME- TERM
Charles W. Peterson
Jim Woods
Deborah Bonner
Ray Dixon
Gary Birdsell
Claire March
Donald E. Colcun
November 6, 1980
November 6, 1981
November 6, 1981
November 6, 1982
November 6, 1982
November 6, 1983
November 6, 1983
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November 6, 1979
Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, to
adopt the Resolution.
YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Resolution Adopted, Adopting 1980
Lincoln Community Center Rates.
Following is the City Manager's memorandum on this item.
The 1980 Budget for the Lincoln Community Center calls for total operating
expenditures of $243,212 with offsetting revenues of $48,775. The projections
did not include any 1980 rate increases for the Center.
We are recommending that the following changes be made to the 1980 rate
program for the Lincoln Community Center: '
1. A 15% increase be applied to all rates with a 20% increase on the
Performance!Hall. This will generate $8,609 in additional revenue for the
facility. It should be noted that these increases do not bring the rates
up to the "true" rental costs for leasable areas in the center (see page five).
In many cases increases to these levels would render portions of the facility
non -leasable.
2. We would also like the Council to allow the facility to be rented to
individual users. This could increase revenues by $11,476 assuming a 20%
increase in the use of the facility.
3. Continue technical and set up charges as well as the 5% on gross ticket
sales on commercial users in the Performance Hall.
4. Increase revenues from groups using the catering kitchen. This item
will be more fully discussed at the'November 20th Council Meeting.
The Cultural Resources, Board has reviewed the 1980 rate'structure and
concurs with the recommended increases.,,
1
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1
�II
IL J
November 6, 1979
City Manager, John Arnold and Arts Facility Manager, Dave Siever, spoke to
the operation of the center, and the new uses proposed for the center.
Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to
adopt the Resolution.
YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Kross, Wilkinson and
Wilnarth.
NAYS: none.
THE MOTION CARRIED.
Lemay Avenue Extension - change order with Centennial
Enaineerina. Inc. and Schedule review. Received.
Following is the City Manager's memorandum on this item.
The Capital Project Management Control System requires that any change order
in excess of $10,000 be reported to the Council. The system also provides
for exception reports when a project is not on schedule or over budget.
The attached report prepared by Project Engineer Mike Herzig addresses
two issues on the Lemay project related to these areas:
1. A $20,000 change order has been approved for additional construction
engineering and supervision work on the Lemay project. Funds were available
for the change order, the need for the work was properly reviewed and its
approval was within the authority of the City Manager.
2. The project completion schedule is of concern to us with regard to the
railroad crossing and signal work. We have not received a schedule for
this work from the railroads to date. Before Tuesday we will be meeting
with railroad personnel to have more definitive information for Council on
this schedule.
City ilanager in addition to commenting on the change order, reported on recent
:,eetings with the Union Pacific Railroad, anc the Colorado and Southern
Railroad , regarding relocation for the rubberized crossing.
He also advised Council that the City could move the opening date up by
committing an additional $20,000, via the Fast Track System.
Councilmembers spoke in support of the rubberized crossing, but did not feel
the extra $18,000 to $20,000 was warranted._
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November 6, 1979
Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to
receive the report.
YEAS: Councilmembers Bowling, Gray, Kross, Peeves, St. Croix, Wilkinson
and Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Ordinance Adopted on First Reading,
Adopting 1980 Electric Service Rates.
Following is the City Manager's memorandum on this item.
"The salient points of the Ordinance are summarized in the attached
transmittal letter.
Information copies of
the
1980 Rate Report will
be available at the Council
meeting and Staff will
be
prepared
to answer questions.
Council has received the
1980 Rate
Report under
separate cover. "
Director of Utilities,
Power Department would
Stan Case,
be bringing
reported that
in 1980 the Light and
Plant Investment fees
,
a report on
and
bonding consideration.
Councilman Wilkinson made a motion, seconded by Councilman Kross, to adoot
Ordinance No. 163, 1979, on First Reading.
YEAS: Councilmembers Bowling, Gray, Reeves, Kross, St. Croix, Wilkinson
and Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Ordinance Adopted on First Reading,
Establishing Sewer Use Charges for
1980
Following is the City Manager's memorandumon this item.
" The attached memo from Roger Krempel�outlines the :need for an across the
board sewer rate increase of 10% in customers' monthly sewer rates.
As noted in Roger's memo, the 10% increase will permit the Utility to operate
very close to the break even point for operating expenses."
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November 6, 1979
Councilwoman Reeves made a motion, seconded by Councilman Kross, to adopt
Ordinance No. 164, 1979, on First Reading.
YEAS: Councilmembers Bowling, Gray, Kross, St. Croix, Wilkinson, Reeves,
Wilmarth
NAYS: None.
THE MOTION CARRIED.
Resolution Authorizing the Acceptance
of the Grant Offer Relating to the
Development of an Airport Master Plan
City Manager, John Arnold, stated this relates to the Master Plan of the
Fort Collins/Loveland Airport; all we are doing is accepting the grant
offer.
Councilwoman Reeves made a motion seconded by Councilman Wilkinson, to adopt
the resolution.
YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson, Kross and
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Adjournment
The meeting was adjourned at 11:05 p.m.___
i,
—Mao7-
ST:
/live -A.
City Clerk
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