HomeMy WebLinkAboutMINUTES-01/08/1980-RegularI
January 8, 1980
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council - Manager Form of Government
Regular Meeting - 5:30 p.m.
A regular Meeting of the Council of the City of Fort Collins was held on
Tuesday, January 8, 1980, at 5:30 p.m. in the Council Chambers in the
City of Fort Collins City Hall. Roll Call was answered by the following
Councilmembers: Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and
Wilmarth.
Absent: None.
Staff Members Present: Arnold, Liley, Lewis, 0' Neill, Wood, C. Smith,
Bingman, M. Smith, Sanfilippo, Webber, Feldman,
R. Smith, Deagle, McGraw, Ruggiero.
Agenda Review: City Manager
City Manager, John Arnold, stated he would report on about five different
things. Under Other Business there are two major items; a report on the
Airport and four or five 1979 finance items.
The Manager then requested that item number 34; Report from City Clerk
Regarding Petition received from CALM, be placed ahead of item number 31,
H�arinp and First Reading of Ordinance No. 6 1980 Calling a Special
Consent Calendar:
These are items of a routine or non -controversial nature, on which a
unani!aous vote of approval is expected. Anyone may request an.item
on this calendar be "pulled" off the Consent Calendar and considered
separately. (The purpose of this calendar is to allow Council to spend
its time and energy on more important items.)
The Consent Calendar presented was as follows:
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.
-319-
January 8, 1980
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 December 18, 1979.
5. Second Reading of Ordinance No 172 1979 Providing for Master Planning of
This Ordinance passed favorably on First Reading on December 4th and contains
modifications to th(, P.U.D. Ordinance concerning phased develooments.
6. Second Reading of Ordinance No 177 1979 Relating to Handicapped Parking.
This Ordinance would enable the Police Dept. to enforce violations of handi-
capped parking spaces on private parking lots.
7. Second Reading of Ordinance No 178 1979 Relating to Procedures in the
Municipal Court.
This Ordinance passed unanimously on First Reading on December 18th and provides
that the Municipal Court Rules of Procedures as established by the Colorado
Supreme Court will govern proceedings in the City's Municipal Court.
8. Second Readin _of Ordinances Fixing the Salari
Attorney and Municipal Jud e.
a. Second Reading of Ordinance No. 179, 1979,
Manager.
b. Second Reading of Ordinance No. 180, 1979,
Attorney.
c. Second Reading of Ordinance No. 181, 1979,
Municipal Judge.
Fixing the Salary of the City
Fixing the Salary of the City
Fixing the Salary of the
caring and First Reading of Ordin-inr_� No. 132, 1979, Authorizing the Citv
iu _Enter into an grn r�r t with Iovato_Pro;) rti^s`cr the ^ Leasand_Ootlon
to Purchdse Certain Property_.
Staff recommends that this Ordinance be tabled on First Reading until January 22nd.,
10. Hearing and
of
1
inance
This Ordinance makes the needed corrections in the legal descriptions contained
in Ordinance No. 119, 1979, zoning the South College properties.
rizinq the City to Enter into an Agreement witn Larimer
This Resolution authorizes the execution of an Agreement with Larimer County
for the City's provision of library services to County residents.
-320-
1
12. Resolution Authorizing the City to
13
14.
15
16
17.
18
January 8, 1980
wi
This Resolution authorizes the execution of an Agreement with Larimer County
for the City's provision of bookmobile services.
This is an agreement between the State Division of Highways and the City
relating to inspection and rating of 16 bridges within the City limits.
This is an agreement between the State Division of Highw&y, and the City
relating to the inspection and rating of 20 bridges within the City limits
on Urban System streets.
Golden Meadows 4th Filing P.U.D.
This is a preliminary proposal for a 147 single family P.U.D. located east
of Lemay and north of Wheaton Drive.
Sundance Village Preliminary
This is a request for preliminary approval of 42 townhouse units, 16 quadplex
buildings and 5-twelveplex buildings generally located on the southwest corner
of the intersection of Drake Rd. and South Shields Street.
This agreement provides for participation by the Colorado Water Conservation
Board in the amount of $22,000 for the Spring Creek Preliminary Drainage Plan.
Street Sufficiency Study.
This is a request for Council Authorization to permit Centennial
Engineering, Inc. to perform the Street Sufficiency Study.
E N D C O N S E N T
-321-
January 8, 1980
The following items were withdrawn from the Consent Calendar: '
Item #6: Second Reading of Ordinance No. 177 1979, Relating to
Item #18: Street Sufficiency Study.
Ordinances on Second Reading were read by Title by City Clerk, Verna
Lewis:
Item 05: Second Readin of Ordinance No. 172 1979 Providingfor ;taster
P anning of Phased Developments.
Item #7: Second Reading of Ordinance No 178 1979 Relating to Procedur
in the Municipal Court.
Item #8: Second Reading of Ordinances Fixing the Salaries of the City
a. Second Reading of Ordinance No. 179, 1979, Fixing the Salary
of the City Manager.
b. Second Reading of Ordinance No. 180, 1979, Fixing the Salary
of the City Attorney.
c. Second Reading of Ordinance No. 181, 1979, Fixing the Salary
of the Municipal Judge.
Ordinances on First Reading were read by Title by City Clerk, Verna Lewis:
Item #10: Hearing and First Reading of Ordinance No. 11 19302 Amending
Councilwoman Reeves, made a motion, seconded by Councilman Kross, to adopt
and approve all items not removed from the Consent Calendar.
YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson, Kross and
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
90PA
January 8, 1980
I
Ordinance Tabled on Second Reading
Relating to Handicapped Parking
Following is the City Manager's memorandum on this item.
This Ordinance was adopted unanimously on First Reading at the December 18th
meeting and would enable the Police Department to enforce violations of
handicapped parking spaces on private parking lots.
Two actions need to be taken on this item. At the.request of the Traffic
Engineering Division, paragraph C should be amended to read as follows:
"C. The owner of private property available for public use
may install official signs identifying parking spaces
reserved for such use by the handicapped. Such installa-
tion shall be at the owner's expense and in compliance
with the Manual for Uniform Traffic Control Devices.
Such installation shall be a waiver of any objection the.
owner may assert concerning enforcement of this Section."
The amendment deletes the phrase "or request the installation of" from
the previous paragraph C, line two.
Next, the Ordinance should be adopted as amended on Second Reading.
Adoption of the Consent Agenda will accomplish both these actions.
City Manager, John Arnold, requested this item be tabled to February 5,
1980, in order to refer it to the Handicapped Advisory Committee and the
Senior Citizens' Board.
Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to
Table Second Reading of Ordinance No. 177, 1979, to February 5, 1980.
YEAS: Councilmembers Bowling, Gray, Kross, St. Croix, Reeves, Wilkinson
Wilmarth.
NAYS: None.
Centennial Engineering Inc. Authorized
to do Street Sufficiency Study
Following is the City Manager's memorandum on this item.
"A request for proposals was prepared jointly by the Streets and Traffic
Unit and the Engineering Services Unit for a survey and analysis of the
condition of the City street system. The purpose of the study is to
provide a detailed report of the condition of the City streets, a specific
(` _323_ .
January 8, 1980
plan for major street maintenance for 1980, and a five year schedule and I
financing plan for major street maintenance which is cost effective.
The request for proposals was sent to nine engineering firms. Four firms
responded with proposals. Interviews were conducted with the three highest
ranked firms, Centennial Engineering, Inc., Taranto, Stanton and Tagge and
Hogan-Olhausen. The interview.comnittee.recommended that Centennial Engineering,
Inc. be retained by the City as the firm best qualified by experience and back-
ground for the study. The proposal is based upon using City Construction
Inspectors and Street Department personnel for the actual survey work of street
conditions during the months of February, March and April. Centennial Engineering
has estimated that the cost of the work will be in the range of $29,000 to
$32,700, with $32,700 being the upper limit for the work covered by the contract.
The St"C'.et Sufficiency St.J; :s not a capital project in the sense that was
envisioned in the Project Management System; the management of the Study will
follow the requirements of the Management System, however. The cost for the
Street Sufficiency Study was intended to be charged to the amount budgeted
for Major Street Maintenance in the Streets and Traffic budget.
Recommendation. The staff recommends that Centennial Engineering, Inc. perfornll".
the Street Sufficiency Study for the City for an amount not to exceed $32,700.
Councilman Wilmarth inquired if the City Staff could not perform this
function. City Manager, John Arnold, responded that the City does not have
the staff to do this in a short time frame.
Councilman Kross made a motion, seconded by Councilwoman Gray, to award the
Street Sufficiency Study to Centennial Engineering Inc.
YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson
NAYS: Councilman 'dilmarth.
THE MOTION CARRIED.
Resolution Tabled Authorizing the City to enter
Into a Lease and Agreement with Larimer County and
Providinq for the County Use of _the Municipal Jail
Following is the City Manager's memorandum on this item.
This Resolution would authorize the City to enter into a 3-year lease
agreement with Larimer County for utilization of the Old Municipal Jail.
A memo from Chief Ralph Smith is included which Provides background in-
formation and history of the use of the City Jail facility."
l 324 J ,
January 8, 1980
POLICE DEPARTMENT MEMO
UAI_ : 2 January 1980
TO: John Arnold, City Manager
FM: Chief Ralph M. Smith
RE: City Jail
In the spring of 1977, the Fort Collins Police Department and Larimer County Sheriff's
Office jointly began exploring alternate housing for juveniles, separate from the
clearly unacceptable county jail.
The result of this effort was a $13,000 rennovation of the city jail and a $79,000
L.E.A.A. grant, awarded to the county for the staffing and operation of a Youth Holding
Facility. Subsequent funding for this facility was also granted, ending December
31, 1979.
During its term of operation the Youth Holding Facility was successful, meeting the
objective of providing short term supervised housing for juvenile offenders removed
from adult offenders.
Unfortunately, court ordered requirements placed upon the County for the operation
of their facility suggest a better use of the City Jail than for the exclusive
holding of juveniles. This change is reflected in the newly proposed contract.
This contract would allow the incarceration of up to fourteen low risk adult prisoners
in the city facility. This change in permissible use is especially important to the
County in light of the limitations placed upon them by the Court.
A natural question of what provisions have been made for juvenile offenders in need
of detention has, in part, been answered by the Youth Services Bureau and Dept. of
Social Services.
These agencies have been awarded a $100,127 L.E.A.A. grant to establish the Larimer
County Shelter Care Facility, administered by the Dept. of Social Services. This
facility, scheduled to open 2-1-80, will target on status offenders but has provided
for the housing of delinquents as well. It is our opinion that the ten bed co-ed
facility will provide a more appropriate atmosphere for the detention of youths than
the former Youth Holding Facility.
For those youths needing a more secure setting, four beds will still be available in
the City Jail.
Suitable housing for youthful offenders has been a major problem in the County for
many years. Long range plans have been addressed in the County's Corrections
Division Ten Year Development Plan.
-325-
January 8, 1980
Until long range plans for centralized juvenile detention materialize it '
appears necessary for the city jail to supplement the main county facility
while inter -agency efforts provide for the majority of juvenile detentions.
My staff and I have reviewed the new contract for the jail and we find it
accedtable. We would recommend that it be approved."
City Attorney, Lucia Liley, stated there were some minor revisions to be made
in the contract to reflect a change from four years to three years, and for
an insertion of a definition of "low risk prisoners".
Councilmembers inquired into the Ci'ty''s liability in prisoners who are turned
over to the Sheriff's Department, the definition of a "City Prisoner".
Fort Collins Police Chief, Ralph Smith, and Larimer County Sheriff, Jim Black,
responded to Council inquiries regarding the Youth Holding Facilities.
Councilwoman Gray inquired into the definition of "low risk prisoners" and how
the juveniles will be transported for recreation.
Mr. Steve Kossman, Director of Youth Services for Larimer County, responded to
Council inquiries regarding the Crisis Intervention Team, and the Shelter Care
Facility.
Councilwoman Gray made a motion, seconded by Councilman Wilmarth, to table the
Resolution until"we clarify the questions that were mentioned here and until
we see a written plan,"(it) need only be a simple written plan, with some
guarantees on how the specific types of juveniles will be dealt with; by whom
they will be dealt with; how long; and where the juveniles will be held
before they are transported to the facility at Brighton.
YEAS: Councilmembers Bowling, Gray, Reeves, Wilmarth.
NAYS: Councilmembers Kross, St. Croix, Wilkinson.
THE MOTION CARRIED.
This item was scheduled for the January 15, 1980, Adjourned Meeting.
Ordinance Tabled on First Reading, Creating
Storm Sewer Improvement District #17.
Following is the City Manager's memorandum on this item.
"This Ordinance appeared on the December 18th Agenda and was tabled to this
date.
January 8, 1980
' The developers have had extensive discussions concerning the formation
of the district but up to this point all are not in agreement.
This district was proposed at the request of the owners and the work done
by the owners. There is a need for drainage improvements in the area as
it develops; the City's position has been to encourage the property owners
to work out a satisfactory formula for a district among themselves."
Mr. Reid Rosenthal, property owner, requested this item be tabled for two
weeks.
Councilman St. Croix made a motion, seconded by Councilman Wilkinson, to
table Ordinance No. 166, 1979, to January 22, 1980.
YEAS: Councilmember,s.Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Kelger Park P.U.D. Preliminary, Approved
Following is the City Manager's memorandum on this item.
Proposal
A preliminary proposal for a P.U.D. for 14 units on 1.4 acres zoned R-M,
located on Jamith Place, south of LaPorte.
Medium Density Residential,
Major Issues
1. At the time of the First West Mountain Rezoning,. the Kelger Park
request. The Kelger
subdivision area was a part of that rezoning
had just been previously platted and approved by
Park subdivision
the City Council as a multi -family subdivision. The Planning and
Zoning Board and City Council decided not to rezone the Kelger
approval of the subdivision
Park subdivision because of that recent
plat coupled with the location of the parcel.
2. This proposal conforms to the adopted goals of the City of Fort
Collins.
Housing
"l. Encourage the diversity of housing types which allow a mixture
of income levels in all neighborhoods."
"4. Disperse publicly -assisted housing throughout the community so
'
it is not concentrated in a specific area."
-327-
January 8, 1980
"5. Encourage approaches to low-income housing programs which are '
attentive to a sense of community and neighborhood identification."
3. Adopted City Policies encourage this type of in -fill development.
4. This proposal is a superior site plan by the use of the Planned Unit
Development approach. The design flexibility gained by the P.U.D.
allows the same number of units but through clustering of buildings
can achieve less paved area, more open space, developed common rec-
reation areas, while losing fewer existing trees. The existing plat
would permit a duplex on each lot without theaforementioned amenities.,,;
5. Variances
A. Variance from the two -acre requirement of the P.U.D. Ordinance
is necessary. The site is 1.45 acre in size. The P.U.D. was
written for undeveloped land at the periphery of the City, not
for development of bypassed parcels within developed portions
of the City. All of the recent variances.from this requirement
have been within the developed areas or previously platted
areas of the City. It is recommended this variance be approved.
B. The proposal satisfies the amount of open space (both passive '
and active) required by the P.U.D. Ordinance. However, it
does not conform to the manner of calculation of open space
as defined by the P.U.D. Ordinance. The criteria used in
evaluating variances in P. M.'s is equal to or better in the
final product. The amount and distribution of open space with
respect to the site, the trees, and the dwelling units satisfies
the intent of the P.U.D. Ordinance. It is recommended this
variance be approved.
C. The 'proposal meets the parking requirement of the R-M zoning
district of 14 spaces. Because a P.U.D. approach is being
proposed, it is short one parking space. It is recommended
this variance be approved.
Recommendation
The Planning and Zoning Board recommends to the City Council approval
of this P.U.D. request and the variances subject to the following
conditions:
1. Easements to supply utilities will be necessary;
2. Need to replat and vacate a part of the R.O.W. durinn the final
process;
-328-
January 8, 1980
3. One side of the street to be signed for no parking;
4. Change the street name.
The applicant has submitted a letter agreeing to the Planning and Zoning
Board's recommendation. There was a neighborhood opposition present at
the hearing. Minutes are attached."
Chief Planner, Curt!Smith, outlined the area in question, which is a
P.U.D. on an existing subdivision. Both the Staff and the Planning
and Zoning Board are recommending approval.
Mr. Ed Zdenek, Architect/Planner presented slides of the proposed plan
and spoke in favor of the P.U.D.
Those in opposition were as follows:
1. Mr. David Radloff, 1120 West Mountain Avenue.
2. Alice Milton, 116 Pearl Street.
Their concerns were that the proposal was inappropriate for the area,
and would contribute to the deterioration of the neighborhood.
Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to
deny the Kelger Park P.U.D., Preliminary.
YEAS: Councilmembers Bowling, St. Croix, 'Wilkinson
!JAYS: Councilmembers Gray, Kross, Reeves, Wilmarth.
THE MOTION FAILED.
Councilman Kross made a motion, seconded by Councilwoman Reeves to,
approve the Kelger Park P.U.D, Preliminary and variance subject to the
following conditions:
1. Easements to supply utilities will be necessary;
2. Need to replat and vacate a part of the R.O.W. during
the final process;
3. One side of the street to be signed for no parking;
4. Change the street name.
3.^jQ
January 8, 1980
YEAS: Councilmembers Gray, Reeves, Kross, Wilmarth. '
WAYS: Councilmembers Bowling, St. Croix, Wilkinson.
THE MOTION CARRIED.
Councilmembers' Reports
Councilman Wilkinson called on Director of Light and Power Utilities,
Stan Case, to present the background on a proposed Lease of 115KV
Facilities to Platte River Power Authority.
Mr. Case presented slides of the location of transmission power lines.
He then reported that the proposal would transfer the cities systems
(Fort Collins, Longmont, Loveland and Estes Park) to Platte River Power
Authority, for $1.00 and they would take over the operation and maintenance
of the system.
Councilman Wilkinson requested that this item be placed on the January
22, 1980 City Council Agenda.
Ordinance Adopted on First Reading, Annexing
Property Known as the Werner Annexation_
Following is the City Manager's memorandum on this item.
m
This is a request to annex approximately 48 acres at the northwest corner
of Horsetooth and Shields.
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 the County.
Major Issues (Annexation)
1. The horse -related land uses located in the western 1/4 of the proposal
are o problem. The present owners are planning expansion of *lie
stables. The present City Ordinances do not recognize horse stables,
riding academies, or similar types of uses.
330
January 8, 1980
Due to this issue, the Planning and Zoning Board, on a 6 to 1 vote,
recommended annexation of only those parcels whose property owners whish ..
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.,,
11r. William J. Kamn, 1600 West Horsetooth Road, property owner, requested
that if he is included in the annexation that he be given assurances that
he can expand his operation.
Chief Planner, Curt Smith, reported that if the annexation is approved,
Mr. Kamn would have to go through an expansion of a non -conforming use
procedure, before the Planning and Zoning Board and then on to the Council.
Also a variance request for fencing and the water tans which will have to
be obtained from the District versus obtaining water from the City.
City Attorney, Lucia Liley, outlined the procedures for enlargement of
a non -conforming uses; cautioning that there are no guarantees. Council
could indicate its support, realizing that there is a hardship, but again
stating that there are no iron -clad assurances that the enlargement would
be granted. Another alternative would be to create a zone allowing this
type of similar type uses.
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to
adopt Ordinance No. 2, 1980, on First Reading.
YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilmarth
Wilkinson.
NAYS: None.
THE MOTION CARRIED.
Council directed the legal staff to work with Mr. Kamn, and prior to second
reading of the ordinance, bring back a report on alternative solutions to
his problems.
Council further directed the staff report on the creation of a new zone to
deal with rural type uses.
January 8, 1980
Ordinance Adopted on First Reading, '
Zoning the Werner Annexation
i
Following is the City Manager's memorandum on this item.
This Ordinance was tabled on First Reading on December 4th, to this date to
coincide with the public hearing and is a request to zone the 48 acre Werner
Annexation as follows:
1. Eastern 18.7 acres - RMP
2. Western 29 acres - RP
Major Issues (Zoning)
1. The request would yield the following:
RP @ 12 DU/acre 354
RMP @ 20 DU/acre 374
M Total (maximum)
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 the west;
however, it is felt that RMP 1s tcj dense for t::e area. Adeitica,:l
density may be appropriate.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 appropriate areas for the higher density zoning. The
request does not conform to location criteria set forth in the Land
Use Policies Plan.
The staff and 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 poli6ies and the requested
RMP zoning district is not.
Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to amend
Ordinance No. 162, 1979, to zone the entire site R-P, Planned Residential
YEAS: Councilmembers Reeves, Gray.
WAYS: Councilmembers Bowling, Kross, St. Croix, Wilkinson and Wilmarth.
THE MOTION FAILED.
332
January 3, 1980
1
Councilman Wilkinson made a motion, seconded by Councilman Kross, to
adopt Ordinance No. 162, 1979, on First Reading.
YEAS: Councilmembers Bowling, Gray, Kross, St. Croix, Wilkinson and
Wilmarth.
NAYS: Councilmember Reeves.
THE MOTION CARRIED.
Ordinance Adopted on First Reading, Changing
the Zoning Classification for Property
Known as the 1812 North College Rezoning
Following is the City Manager's memorandum on this item.
This is a proposal to rezone a 15.3 acre portion of a 18.07 acre site from
H-B, Highway Business District, to I-L, Limited Industrial District,
located at 1812 North College Avenue (east of College Avenue and north of
West Willox Lane). Surrounding land -use zoning is as follows:
' N: Eaton Ditch
S: HB - scattered development
E: College Avenue
W: Eaton Ditch
Recommendation
Staff recommends approval of the rezoning request based on the following:
1. The disparate land -uses which surround the oroperty preclude the
oossibility for development residentially. The redevelopment of
North College Avenue will be a long and slow process and it is
unlikely that residential development will occur in the area in
the near futarc. For the relatively near term there does er.'s:
opportunity for residential development further to the east and
orienting on Lemay Avenue.
2. The predominate land use and zoning pattern along North College
Avenue is H-B development along the frontage and industrial
development in the interior. This rezoning request would be an
extension of this trend. In addition, given the limited frontage
that the property has on College Avenue, it is unlikely that it
will develop with H-B uses.
S33
January 3, 1980
Mr. Jim Woods, representing one of the partners on this site spoke ,
in support of the Ordinance.
Councilman Wilkinson made a motion, seconded by Councilman Kross, to
adopt Ordinance No. 3, 1980, on First Reading.
YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson
and Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Ordinance Withdrawn on First Reading,
Changing the Zoning Classification for Property
Known as the Anderson Place Rezoning._
Following is the City Manager's memorandum on this item.
Proposal
Request to rezone the Andersonville Area currently zoned R-L, Low Density
Residential, to R-M, Medium Density Residential.
Subject Parcel Description '
There are 42 platted lots in Anderson Place. Besides the small modest
single-family dwelling units, there is a church and a small grocery store,
zoned B-L. Approximately 11 of the existing dwelling units are so dil-
apidated that they are beyond the criteria for 'relYabilitation.
Maj_o_r Issues
1. The proposal is in conformance with the following adopted City
policies.
76. Density bonuses should be provided to developers
who provide low and moderate income housing,
"77. The City should adopt programs to reinforce and
stabilize existing low income residential areas
so they can remain in the housing market as low
income units."
40. The City should promote the utilization of existing t
vacant land in the northeast by offering incentives
such as utility and infrastructure provisions or
revenue bonds and tax increment financing.
334 _�
January 8, 1980
. 2. The proposal would allow some incentive to encourage infill resi-
dential development in an area where there is no incentive. The
proposal would capitalize on the ongoing improvements funded by
Community Development Program. Water and Sewer lines have been
installed. Road improvements will follow this Spring.
3. [here is some concern for the density allowable under the RM Zoning
District and the scale of development which could take place = such.
as apartment buildings. The intent of this proposal is to allow
and encourage the economical replacement of dilapidated dwelling
units and the infilling of vacant parcels with one and two family
residential units. A zoning district which may better achieve these
goals without permitting apartment buildings is the R-L-M, Low Density
Multiple Family District.
4. With the improvements being provided through Community Development
funding programs, an infrastructure will supply the appropriate
sehvices. Bus service is available to this area on LeMay.
Recommendation
The Planning and Zoning Board recommends denial to the City Council
based on the following findings:
1. The request is premature. A neighborhood plan should be completed
before any rezoning is done;
2. The neighborhood generally does not support this application;
3. Neighborhood participation is vital to the development of a plan;
4. There are insufficient open space and parks in the area.
There were several neighborhood residents in opposition at the hearing.
Minutes are attached.
Applicant's Planning Objectives
"In order to make the redevelopment of Andersonville economically fea-
sible, a somewhat greater density is needed."
"Neighbor to Neighbor's Project is planning to ask the City to annex
seven (7) acres just east of loth Street as R-M-P also, and this zone is
compatible with the overall Community Development Plan prepared by Bob
Komives in cooperation with the City Planning staff."
335
January 8, 1980
"Northern Fort Collins needs a great deal more low to moderate income. '
housing than is presently available. This rezoning will permit us to
build multifamily housing on our properties listed on page 1 which pro-
vide some badly needed housing as well as giving the entire area a
badly needed uplifting.
"The alternative to development in this neighborhood is the continuity
and intensification of deterioration and blight."
City Manager stated that there had been a verbal request made that this
item be withdrawn.
City Attorney, Lucia Liley, clarified that this item would go back
through the entire process but would not have a year's delay, as that
of denial.
Council agreed to the withdrawal.
Ordinance Tabled on First Reading, Changing
Zoning Classification for Property Known as
The West Mountain Second Rezoning.
Following is the City Manager's memorandum on this item.
Proposal
'
This is a proposal to rezone an area currently zoned R-M, Medium Density .
Residential, bounded by Laporte Avenue on the north, Loomis on the east to
Oak Street, west on Oak following the existing zoning boundary line to
Shields and north along existing zoning boundary to Laporte Avenue, to
R-L, Low Density Residential.
This proposal raises a number of major issues and presented problems in
staff and Planning and Zoning Board review. These issues are discussed
in the attached staff report to the Planning and Zoning Board.
Recommendation
Since the 1st rezoning in the West Mountain area the City has adopted the
Land Use Policies Plan which calls for the development of Core area and
Neighborhood plans. The adoption of the Land Use Policies Plan changes
the conditions since the lst rezoning and has led to the staff's recom-
mendaciun on this project.
The staff recommends denial of the request until an area plan is completed
and then rezone the entire area in accordance with that plan.
The Planning and Zoning Board was unable to.reach a majority opinion
on this proposal. The attached minutes of this public hearing details
each of the Board members comments on this proposal.
'
336
January 8, 1980
Planning and Zoning Matter:_,p to ication202-79/West Mountain Second Rezoning
Page 1 (JD)
a Description
The subject area is one or the older in -town residential neighborhoods
originally platted by various subdivisions from 1900's through the 1920's.
There are presently one non -conforming office, 32 duplexes and a small
apartment complex within the subject area; the remainder are single
dwelling units.
The surrounding area is similar in land use composition, age, and charac-
ter as the subject area. There is a small neighborhood commercial area
at West Mountain and Shields.
Major Issues
The area was subdivided and developed as a single family. The size
of lots, streets, etc., were designed to accommodate single family
units of the time. Many are without garages. The conversion of
single-family units to multi -family units can be a problem if recip-
rocal measures are not taken such as additional provisions for
parking, traffic, and open space among others.
2. In the mid-1960's, when Colorado State University was experiencing
rapid expansion, the Mountain Avenue neighborhood was zoned R-M when
' other large sections of the older City were zoned R-H, High Density
Residential Zone, and R-M, Medium Density Residential Zone, in anti-
cipation of the private sector's aiding in the student housing problem.
At the present time only 10-12% of the units in the area are multi-
family units, which when considered over a period does not constitute
a "substantial change." (Multi -family conversions in the area are
probably more due to economic interests of scattered individual pro-
perty owners than to heavy pressures for student housing.)
3. The Existing Land Use Report indicates there are two major types of
problems which help undermine the stability of residential neighbor-
hoods. These problems are mixed or conflicting land uses and a land
use change from '.:,w to high density. Normally, a zoning ordinance is
established to eventually eliminate, or prevent the occurance of, the
noted land use problems. The wort also states that the major prob-
lem with the R-H and R-M zoning districts is in the area extent of
the zones. The zones are needed in their general locations; however,
the zones extend too far into single-family neighborhoods. The Report
recommends a reduction in size of the areas covered by the R-H and R-M
zoning districts. The West Mountain neighborhood could be considered
as an area where extended R-M zoning district is overextended.
4. During the "Comprehensive Planning Process" the unique problems of
older neighborhoods surfaced. The Redevelopment Citizens Task Force
on Comprehensive Planning noted that houses of either historical or
architectural significance are not adequately protected or their pre-
servation sufficiently encouraged. This problem was increased in
' areas where pressures for conversions raised the price of single-family
houses beyond a range where purchase by individuals was feasible. To
some extent the existing R-M zoning in the subject area acts as a pres-
sure for conversion and jeopardizes the single family character of
the neighborhood.
337
January 8, 1980
Planning and Zoning Matter: Application #202-79/West Mountain Second Rezoning
Page 2 (JD) _ _
or Issues (con't
5. The immediate impact of the proposed rezoning on the neighborhood will
be the classification of all existing uses which are not allowed in the
R-L District as legal non -conforming uses. Uses in the R-L zone are
limited to single-family dwellings, schools, public and non profit
quasi -public recreational uses, and essential public utility and
service installations. Thus, any non single-family dwelling or land
use not included in the R-L zone would become a nonconforming use.
Approximately, 33 nonconforming multi -family units will be created.
All residential units without the proper R-L setbacks and lot coverage
ratio will also fall into the nonconforming category. It is impossible
to estimate this number. Any change in a non -conforming use must be
approved by the City Council.
6. This is the second attempt by a group of neighborhood residents to
rezone a large area to eliminate conditions which they perceive as
undermining the single-family residential character of the area in
which they live. This rezoning request may cause other neighborhood
groups to seek rezoning of areas in which they live. '
7. The request is in conformance with some of the adopted City Goals.
Neighborhood Identification
"Encourage the preservation and development of unique qualities and
characteristics of all neighborhoods.
1. Encourage those design characteristics which lend clarity and
identity to neighborhoods in all City neighborhoods.
3. Preserve historical or unique buildings or houses in older
neighborhoods.
5. Restrict extraneous motorized traffic from residential areas.
6. Determine density levels throughout the City which can most
efficiently utilize City services and not overburden existing
services.'
Land Use Compatibility
"Encourage the development of a future land use plan which promotes
maximum compatibility between land uses.
1. Protect the character of new and existing residential neighbor-
hoods against intrusive and disruptive surrounding development.
338 1
January 8, 1980
8. The request is premature in light
of other City Policies. The
recently adopted Land Use Policies
Plan states the following:
POLICY
EXPLANATION/DISCUSSION
35. The City shall prepare
35. These policies require the
a core area development
36. development of a more detailed
plan for the redevelop-
land use plan for the core
ment of the downtown
area of the City. Like the
area.
City's overall Land Use
Policies Plan, the Core Area
Development Plan will aid
POLICY
EXPLANATION/DISCUSSION
36. In the City's Core Area
land use decision makers for re -
Development Plan, the
development proposals in the Core
location of commercial/
Area of the City and will include
service oriented office
specific policies for land use
land use areas and high
locations and methods for phasing
density residential areas
the logical expansion of land uses,
shall be noted along with
utilities, and services. The
the phased expansion of
policies would also cover other
these areas.
concerns such as recycling and
restoration of existing buildings.
These policies do not speak for or against the request. It says that
an area plan should be done to determine which areas should be conserved,
converted to higher densities, commercial, etc., before any implementa-
tion begins. It is anticipated that the staff may recommend-rezonings.
similar to the proposed rezoning as a result of the core area and
neighborhood plans.
9. One alternative to a rezoning to R-L District is to attack the primary
concern of the neighborhood: the intrusion of multi -family units into
the single family area. The alternative is to amend the R-M Zoning
District so that,a conversion from a single family residence to/or
the construction of a two or more residential units would require a
public hearing process and approval by the City Council after a recom-
mendation by the Planning and Zoning Board. This is similar to the
ordinance amendment proposed for the conversions to commercial uses
in the R-H Zoning District.
Alternatives
The Planning and Zoning Board has
recommend to the City Council.
A. Approve the request.
B. Deny the request.
the following courses of action to
C. Temporarily deny this request until an area plan has been
completed. At that time, rezone the total area according to
the area plan.
339
January 81.1980
1
D. Deny the
request and amend the R-M Zoning
District to require
the development
of anything over a single
family unit require
approval
through a public hearing process.
E. Deny the
request, and conditionally rezone
this area to R-M
(C) to require
only this area subject to
the process in
section "D"
above.
Recorrunendati on
It is recommended that the Planning and Zoning Board recommend Alternative
"C" to the City Council. This is to temporarily deny this request until an:,
area plan or a core area plan is completed and then rezone the entire area ys}
in accordance with that plan.
Chief Planner, Curt Smith reviewed the issues. Mr. Smith advised Council
that the staff would be unable to complete the area plan for approximately
five years.
Those speaking in favor of the Ordinance were as follows:
1. Carlos Seegmiller, 731 West Mountain.
2. Bill Fead, 2204 South College, property owner on Washington St.
3. Kyle Knight, 926 Akin.
4. Rosalie Kirkpatrick, 125 North Grant.
5. Doris Atkinson, 930 14. Mountain Ave.
Those speaking in opposition to the Ordinance were as follows:
1. Ruth McBeth, 716 West Oak.
2. E. Scott Billington, 4630 Venturi Lane.
3. Sophia Aldrich, 1319 Centennial Road.
Councilmembers considered the change in conditions in the area; the non-
conforming uses that will remain, and Council desires to have the core area
plan completed prior to the five years anticipated. Lastly, they considered
the possibility that a mistake had been made in the previous zoning.
Mayor Bowling declared the hearing closed.
Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to table
Ordinance No. 5, 1980, to January 22, 1980, to incorporate the findings
supporting the down zoning.
YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson
and Wilmarth.
NAYS: None.
THE MOTION CARRIED.
340`
1
January 8, 1980
Report from the City Clerk, Verna Lewis,
Regarding Petition received from CALM.
City Clerk, Verna Lewis, made the following certification.
STATE OF COLORADO )
COUNTY OF LARIMER ) ss.
CITY OF FORT COLLINS )
I, Verna Lewis, City Clerk of the City of Fort
Collins, Colorado, do hereby certify that I have
canvassed the amended petition submitted by the
Citizens Association to Legalize. Marijuana (CALM) on
January 2, 1920, and find the following results:
Number of Signatures Required: 2,160
Number of Signatures Verified: 2,160
This amended petition is therefore sufficient for
the issue to be placed on a ballot at a Special Election
IN WITNESS MIEREOF, I have hereunto set my hand and
affixed the seal, of the City of Tort Collins, this 8th
day of. January, A. D. 1950.
341_
January 8, 1980
City Attorney, Lucia Liley, then advised Council that, under the Charter,
when Council receives a duly certified initiative from the City Clerk,
Council has 30 days to consider passing the ordinance or placing it on
the ballot.
City Clerk, Verna Lewis, then read at length Proposed People's Ordinance
No. 2.
Those speaking in favor of the ordinance were as follows:
1. Adam Cleff, 218 Montgomery.
2. Ken Bonetti, 131 North Loomis Avenue.
3. Mary Haller, 624 West Laurel.
4. Frank Hensen, 1524 S. Whitcomb.
5. Ray England, 637 South Mason.
Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to
deny People's Ordinance No. 2.
YEAS: Councilmembers Bowling, Gray, Reeves, Wilkinson, Kross, St. Croix,
Wilmarth.
NAYS: None.
THE NOTION CARRIED.
Ordinance Adopted as Amended on First
Readinq. Callinq a Special City Election
to be held on February 26 91 80
Following is the City Manager's memorandum on this item.
m
This Ordinance calls a special City election to be held on Tuesday,
February 26, 1980. It further sets out the text of every initiated
measure and all Charter Amendments which are to be voted on at the elec-
tion. At this time, there are two initiated ordinances which will be voted
on. The first is a citizen's initiative which would require that the one
percent (1%) City sales tax approved by vote in 1973 be extended for the
purpose of constructing a 50-meter indoor pool and ice rink, additional
greenbelt, bicycle paths and trail system.
The second is a Council initiative which would require the construction
of a 50-meter indoor pool and ice rink with construction to begin no
later than December 31, 1981, and with the financing to be from the City's
General Fund.
842
1
January 8, 1980
Additionally, there may be another citizens' initiative on the ballot
dealing with possession of marijuana. This has not been included at this
time because the number of signatures on the petition was deficient and the petition circulators have been given a fifteen -day period to correct, .
the deficiency. If the Election Board can certify the new signatures prior
to the Tuesaay Council meeting, we would then suggest that Lhe Council
include the proposed initiative dealing with marijuana as a part of this
ordinance.
The text of ten proposed Charter Amendments are also contained in this
ordinance. These have all been discussed and suggested for inclusion
at the Council's last; Work Session. Briefly, the ten Charter Amendments.
can he summarized as follows:
Proposed Charter Amendment No_1: This amendment would allow the Council
to establish by ordinance a spending limitation for Council candidates.
However, any limit which is established by the Council will not apply to
any City election which is conducted less than one year after the enactment
or amendment of the limit. At the Work Session, the Council had discussed
passing an ordinance at this meeting which would establish a specific limit
for campaign contributions in aid of a candidate which would be contingent
od tage of
upon passage of this Charter Amendment. This ofullimit ewh which the athe nCouncil
allowing the public to be aware of the type
ced. The next Agenda Item
would adopt if the Charter Amendment is app
is an ordinance which would set a limit of One Thousand Dollars ($1,000.00)
per candidate.
Pro osed Charter Amendment No. 2: This amendment would allow the City
Council to establish by ordinance limits on individual contributions
in support or in limit
ttion whichoany wouldibetiative or establishedebyethe Council
ndum. Here
again, however, any
im
would not apply to any City election conducted less than one year after
the enactment or amendment of the limit. As with the previous item,
the Council had discussed having an ordinance available for passage
at this meeting which would establish a limit on individual contributions
to an initiative or referendum which would be contingent upon passage of
this Charter Amendment. An ordinance which establishes a limit of Twenty -
Five Dollars ($25.00) per individual or group follows in the Agenda.
Pro osed Charter Amendment No. 3: This amendment would establish a condi-
tional primary system for ouncil candidates. For at large elections, it
ore than twelve (12) candidates for the at
provides that, if there are m
must be held. The six (6) candidates then
large seat, a primary election
receiving the greatest number of votes will appear on the ballot for the
general election.
343
January 8, 1980
With regard to
District elections, the amendment
provides that if there are
more than six
(6) candidates for any district
seat, a primary election
shall be held
and any district which has in excess of three (3) candidates
will be included in that primary election.
The three (3) candidates
receiving the
greatest number of votes in each district will then be on the
ballot in the
general election.
Proposed Charter Amendment No. 4: This amendment would allow the City
Council, if approved by ordinance by at least five (5) Council members, and
subject to appeal to Council, to expand the authority of the Planning and
Zoning Board to include final action on ail planning items except zonings,
rezonings and annexations. We would stress that this is enabling legisla-
tion only and any decision to proceed to give the Planning and Zoning Board
such final authority would depend upon future action of the Council by
ordinance.
Proposed Charter Amendement No. 5: This amendment would clarify the
ity's abi ity to use innovative zoning techniques such as conditional
zoning.
Proposed Charter Amendment No.6: This amendment relates to initiative
ana ref eren um procedures and clarifies time limits, required percentages
of signatures and other procedural issues.
Pro oseed Charter Amendment No. 7: This amendment takes the dollar '
limitations out of the competitive bidding section of the Charter and
allows the Council to establish by ordinance any exceptions to the competi-
tive bidding procedure.
rupo::-,d Charter Amendment No. 8:
this amendment also
deals with bidding
procedures
and allows the Council
by ordinance to establish
the dollar
anounts of
improvements which are required to be by
contract and also
allows the
Council to authorize
the City to proceed
with construction
in lieu of
competitive bidding.
Proposed Charter Amendment No. 9: This amendment would delete the section
of the Charter which requires sixty (60) days notice to the City of any
personal injury. As discussed in the Work Session, this requirement
is neither necessary nor enforceable since it differs from existing State
statutes on the same subject.
Proposed Charter Amendment No. 10: This amendment reduces the five
year resi enncy requirement oor ncil candidates to one year pursuant
to a District Court case in Larimer County which struck down the five year
residency requirement as being unconstitutional.
344
January 8, 1980
Some Councilmembers have indicated a desire to look at creating a true
District election system. We have prepared a Charter Amendment which
would require that in District elections candidates not only be nominated
by districts, but also elected by districts. This proposed Charter
Amendment is included at the end of this item. If Council desires to
proceed with this, we would add proposed Charter Amendment No.11 to the
ordinance calling for the election."
City Attorney, Lucia Liley, recommended that Council's first action be to
include People's Ordinance No.2, with this Ordinance.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to
amend Ordinance No. 6, 1980, by including People's Ordinance No.2.
YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Kross, Wilkinson
and Wilmarth.
NAYS: None.
THE MOTION CARRIED.
City Attorney, Lucia Liley, requested the following amendment to this
' Ordinance; proposed Charter Amendment 14, to read in the last paragraph:
PROPOSED CHARTER AMENDMENT No. 4
Amend Article XIX, Section 2 of the Charter of the City of Fort
Collins to read as follows:
"The City Council, by ordinance approved by at least five (5) Council
members may expand the authority of the Planning and Zoning Board to
include final action on all planning items except zonings, rezonings,
and annexations, provided that such action shall be subject to the right
of appeal to City Council."
City Attorney, Lucia Liley, then described the other two initiatives.
With regard to the Swimming Pool Ice Rink Initiative, City Attorney
Liley reported a simple majority will pass. She then reported that
Attorney Bill Wyatt wanted to communicate to Council that the Tide Riders
Swimming Group wanted to support Council's initiative.
Council then took action on the proposed Charter Amendments.
The following persons spoke to the proposed amendments.
1. Gerald Horak, 2548 Orchard Place.
' 2. Dick Albrecht, Executive Vice President of the
Chamber of Commerce.
345-
January 8, 1980
City Council determined to: '
1. Place Proposed Charter Amendment No.l, on the Ballot.
PROPOSED CHARTER AMENDMENT NO. 1
Amend Article XVI, Section 13 of the Charter of the City of Fort
Collins to read as follows:
"Section 13. Statement of Expenses.
Every candidate at any City election shall, within
thirty (30) days thereafter, file an itemized statement
showing in detail all amounts of money contributed or
expended by the candidate, directly cc VAinectly, in
aid of the candidate's campaign, and giving therein the
names of .the various persons receiving sucn money, and
the specific nature of each item, and the purpose for
which expended or contributed.
The City Council may act by ordinance to establish
limits on campaign expenditures for candidates for City .
offices. A limit established pursuant to this Section
shall not apply to any City'election conducted less
than one year after the enactment or amendment of the
limit.
No political party or City employee, directly or
indirectly, and no public service corporation, nor any
other person, firm or corporation, owning, interested
in, or intending to apply for any franchise or contract
with the City shall contribute or expend any money or
other valuable thing, directly or indirectly, to assist
in the election or defeat of any candidate."
2. Delete Proposed Charter Amendment No.2. (contribution limits)
PROPOSED CHARTER AMENDMENT NO. 2
Amend Article XVII of the Charter of the City of Fort Collins by the
addition of a new Section 9 to read as follows:
"Section 9. Contribution Limits.
The City Council may act by ordinance to establish
limitations on individual contributions in support of
or in opposit!cr to any initiative or Werendum on
the ballot at any City election. A limit established
pursuant to this Section shall not apply to any City
election conducted less than one year after the ,
enactment or amendment of the limit."
346
January 8, 1980
.111 3. Delete Pro nosed Charter Amendment No. 3. (primary elections)
PROPOSED CHARTER AMENDMENT 110. 3
Amend Sections 4 and 8 of Article XVI of the Charter of the City of
Fort Collins to read as follows:
(1) That Section
4 of Article XVI of
the Charter of
the City of
Fort Collins
relating to the
acceptance of
nominations
be amended
by changing the time
limit. specified
therein for
the filing
of nominating papers
with the City
Clerk from
not earlier
than forty-five (45)
days and not
later than twenty-five (25) days before the election to not
earlier than sixty (60) days and not later than forty-five
(45) days before the election.
(2) That Section 8 of Article XVI of the Charter of
the City of Fort Collins be amended by to read as follows:
''Section 8. Primary Elections.
If, forty-five (45) days prior to any general election,
City Clerk should find there are more than six (6)
the
candidates for any district seat or more than twelve
(12) candidates for the at large seats, then, in either
case, a primary election shall be held. In the case
of district seats, once any district meets the require-
ment for a primary election, the election shall be held
for all districts having in excess of three (3) candi-
dates. The primary election shall be held three weeks
preceding the general election and shall, insofar as
practicable, be conducted in the same fashion as the
general election. The notice of election for the
primary election shall be published ten.(10) days
preceding said election. The three (3) candidates
receiving the greatest number of votes in each dis-
trict shall face one another in the general election.
In the case of at large seats, the six (6) candidates
receiving the greatest number of votes shall face one
another in the general election.''
1 _347
January 8, 1980
4. Place Proposed Charter Amendment No.4, as changed by the City '
Attorney, on the Ballot. (Functions of Planning and Zoning Board).
Pi!UI'D:Y:.1) (:HART, I:F; F
Amend Article XIX, Section 2 of the Charter of the City of Fort
Collins to read as follows:
"The functions of the Board shall be:
(a) To advise the Council on zoning, subdivision,
annexations, major public and private projects,
public works matters, capital outlay budgeting,
and long-range planning;
(b) To exercise the authority vested in it by State
zoning laws;
(c)
To cooperate with school, county, and any other
planning and zoning board and, with the approval
of the Council, to enter into agreements to
promote uniform planning and zoning within and
without the City.
The
City Council, by ordinance approved by at least
five
(5) COUnCilmembers may expand the authority of
the
Planning and Zoning Board to include final action
on
all planning 'items except zonings, rezonings, and
annexations,
provided that such action shall be subject
to
the right of appeal to City Council."
5. Place Proposed Charter Amendment No-5, on the Ballot. (zoning)
PROPOSED CHARTER AMENDMENT NO. 5
Amend Article XIX, Section 3, of the Charter of the City of Fort
Collins to read as follows:
"Section 3. Zoni no. For the purpose of promoting the
health, safety, morals, and general welfare of the
community, the Council is hereby empowered to zone the
City. All zoning regulations shall be uniform for each
class or kind of buildings throughout each district,
but zoning regulations in one district may differ from
those in other districts, and further the Council may
place reasonable use -related conditions upon any
particular property in any gi-en district."
34-8 '
January 8, 1980
' 6. Place Proposed Amendment No.6, on the Ballot. (Clarifying Initiative
and Referendum).
PROPOSED CHARTER AMENDMENT NO. 6
Amend Article XVII of the Charter of the City of Fort Collins by.
adding a new Section 8 thereto, and further by amending Sections 2 and 3
thereof, said amendments to he as follows:
1. That paragraph 1 of Section 2 be amended by delet-
ing therefroni the phrase "or call a special City
election, unless a general or special City election
is to occur within ninccy (90) days thereafter",
and substituting therefor the phrase "or call a
special City election within ninety (90) days
thereafter- unless a general or special City elec-
tion is to occur within said ninety (90) day
period";
2. That paragraph 4 of Section 2 be amended by adding
at the end of the second sentence thereof the
followinq phrase 'provided that the Council on its
own motion may at any time call a special election
for the purpose of considering an ordinance initi-
ated by the Council';
3. That Section 3 be amended by.deleting from the
second sentence thereof the words and figures
"fifteen percent (15%)", and substituting therefor
the words and figures "ten percent (10%);
4, lhat Section 3 be amended by eliminating the last
sentence thereof;
5. That Article XVII be amended by adding an addition-
al Section 8 thereto to read as follows:
"Section 8. Council Use of Initiative and Referen-
dum. The Council, of its own motion, shall have
the power to submit any proposed ordinance or refer
any adopted ordinance to the vote of the people at
a general or special election in manner as in this
Charter provided."
1 349
January 8, 1980
7. Place Proposed Charter Amendment No.7, on the Ballot. (Competitive '
Bidding).
PROPOSED CHARTER AMENDMENT NO. 7
Amend Article V, Section 31, of the Charter- of th Cii.y of Fort
Collins to read as follows:
"Section 31. Competitive Bidding. Before the purchas-
ing agent makes any purchase of or contract for sup-
plies, materials, or equipment, he shall give ample
opportunity for competitive bidding under- such rules
and regulations, and with such exceptions as the
Council may prescribe by ordinance."
B. Place Proposed Amendment No. 8, on the Ballot. (Bidding Procedures).
PROPOSED CHARTER AMLNDMENT NO. 8
Amend Article V, Section 33, of the Charter of the City of Fort
Collins to read as follows:
"All City improvements in excess of an amount to be
determined by ordinance of the City Council shall be
executed by contract, except such improvements as '
Council authorizes a department to make, and shall be
submitted to competitive bidding and awarded to the
lowest responsible bidder, who shall be required to
provide a performance bond or other equivalent securi-
ty. The Council may choose not to bid any specific
project, and, in lieu thereof, may authorize the City
to proceed with the construction as in other cases in
accordance with the plans and specifications, and the
services of the City shall be charged as a part of the
cost of the improvements."
9. Place Proposed Charter Amendment No.9, on the Ballot. (Deleting
Section 16).
PROPOSED CHARTER AMENDMENT NO. 9
Amend Article IV of the Charter of the City of Fort Collins by deleting
therefrom Section 16.
10. Place Proposed Charter Amendment No. 10, on the Ballot. (Residency
Requirements).
350 1
January 8, 1980
' PROPOSED CHARTER AMENDMENT NO. 10
Amend Article II, Section 2, of the Charter of the.City of Fort Collins
by deleting the phrase "five years" in the first paragraph thereof, and
substituting therefor the phrase 'one year".
Councilman St. Croix made a motion, seconded by Councilwoman Reeves, to place
the CALM Initiative, Proposed Ordinance No. 2, in this Ordinance and renumber
the sections.
YEAS: Councilmembers Bowling, Gray, Kross, St. Croix, Reeves, Wilkinson and
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Councilman St. Croix made a motion, seconded by Councilwoman Reeves to amend
Proposed Charter Amendment No. 4, as indicated.
YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to delete
Proposed Charter Amendments No. 2 and 3.
YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Kross, Wilkinson and
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to adopt
Ordinance No. 6, 1980, on First Reading as amended.
HAS: Councilmembers Bowling, Gray, Reeves, Kross, St. Croix, Wilmarth and
Wilkinson.
NAYS: None.
THE MOTION CARRIED.
1
351
January 8, 1980
Ordinance Adopted on First Reading, Establishing
a limit on Campaign Expenditures for
Candidates for City Offices.
Following is the City Manager's memorandum on this item.
"As discussed briefly in the memo for the previous item, this Ordinance is
contingent on the passage of Charter Amendment No. 1 (which would allow the
Council to establish by Ordinance campaign expenditures for Council
Candidates) and establishes a limit of $1,000.00 per candidate.
This limit, if Charter Amendment No. 1 passes, would be in effect for the
next General Election in April, 1981."
Councilwoman Reeves made a motion, seconded by Councilman Kross, to amend
Ordinance No. 7, 1980, by substituting the figure $7,59�00 for the figure
$1,000.00.
YEAS: Councilmembers Kross, Reeves.
NAYS: Councilmembers Bowling, Gray, St. Croix, Wilkinson and Wilmarth.
THE MOTION FAILED.
Councilman Wilkinson made a motion, seconded by Councilman Gray, to adopt
Ordinance No. 7, 1980 on First Reading. 11
YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, 'Wilkinson and
Wilmarth.
NAYS: Councilman Kross.
THE MOTION CARRIED.
Ordinance not Considered on First Reading
Establishing Limit on Individual
Contributions to Ballot Issues.
Mayor Bowling declared this item would not be discussed as Proposed
Charter Amendment No. 2, has been deleted.
Other Business
(a) Councilwoman Reeves requested Council discussion on a proposal to have
Nomination and Election by District.
352
' January 8, 1980
Councilmembers discussed the proposal, took a straw vote and voted against
the proposal..
City Manager's Report
(a) City Manager, John Arnold, called Council's attention to a memorandum
on snow removal.
The memorandum is as follows:
M E ra 0 R A N D U M
TO: John E. Arnold, City Manager
FM: Marlene G. Balok, Administrative Assistant
DT: January 8, 1980
RE: Snow Removal
To update you and the City Council on where we are on snow removal, follow-
ing is information on the 1979 and 1980 budgets, manpower and equipment
utilized, basis for• snow removal and enforcement of the sidewalk ordinance,
problems encountered, and solutions being considered.
Budget for Snow Removal
Personal services
Contractual (equipment)
.ommcdit`.c:, (sand & salt.)
Transfer from Contingencies
C 353
Revised
1979
1980
$22,000
$13,390
29,530
39,064
17,275
18,500
20,000
25,000
$88,805 $95,954
We have expended all of the funds
checking for possible overruns. We
for snow removal between November 20
S10,000 of 1980 funds have been spent
manpo+;er and Equipment
January 8; 1930
allocated for 1979 and are presently
have verified that $64,378 was spent
and December 20, 1979. Approximately
so far.
The Streets Division has 16 men allocated for snow removal. In addition,
for the two recent snowstorms, 30 men froir, the Divisions of Parks, Water &
Sewer, Light & Power, Traffic, and Equipment, have worked shifts to enable
complete utilization lization of all available equipment.
Following is a list of that equipment and from where we obtained it:
Plows
5 - Streets
Blades or
Graders
2 - Streets
1 - Lar. Cty.
2 - Sterling
Loaders
1 - W & S
1 - Parks
1 - Lar. Cty
2 - Flatiron
Trucks to
Haul Snow
4-W&S.
4 - L & P
2 - Parks
2 - Lar. Cty.
8 - Sterling
Trucks with
Sanders
4 - Streets
On clays when equipment was operated round the clock, many of the men worked
12-13 hour shifts -- and some as much as 20 hours. Some from other divi-
sions put in a full 8-10 hours after working their regular job in their own
division.
In anticipation of another storm many of the men worked this past Saturday
or Sunday in an effort to remove as much snow as possible from City
streets. As of yesterday, Bob Lee reported it would take another two weeks
to remove all remaining snow from arterials and collectors.
Snow Removal Policy
Presently we are plowing snow from arterials,
collectors, and downtown. A
map is provided identifying these areas.
Some ot`,.er intersections ,: id prohlem areas are
being sanded .as identified
and as manpower and equipment are available.
Snow is being removed as much
as possible and potholes are being repaired as
time allows.
Enforcement of Sidewalk Snow Removal
Frank Clack is the only person presently enforcing this ordinance. Major
emphasis is along school routes. Otherwise,
enforcement is handled on a
complaint and random basis throughout the City.
Rather than threatening
citizens city-wide with strong enforcement,
an effort is being made to
appeal to property owners through radio and
newspaper advertising and a
notice inserted with utilit,i)ilIS.
I
354
January 3, 1980
Probl cnis
The most common
and major complaint
has been from
property owners living
where the City has
plowed snow and ice
Collins
onto their driveways
functional, the
and sidewalks.
City will continue to
In an effort to
keep Fort
Some problems
encountered with this
remove as much
snow as possible.
policy include:
S Plowing to the middle of the street -- this is not always possible
on major arterials. Also, this can be extremely hazardous due to
the pile of snow melting during the day and causing a constant
slick glaze, people who desire to cross over into the alternate
lane, and poor visibility at intersections.
® Sidewalk design -- in some of the older sections, the sidewalks
have been constructed directly next to the curb and street area.
Thus, when plowing, there is no place else for the snow to go
except back up on the sidewalks and driveways.
Some Solutions
Bob Lee is working with Planning and Development to have all sidewalks in
future subdivisions designed away from the curb..
' I have talked with Gail Woods about utilizing volunteers (i.e. Boy Scouts,
fraternities) to clean sidewalks and driveways, in particular, of property
owners who are elderly and/or have health problems, have taken primary
responsibility for clearing their sidewalk and drive, and have been.incon-
venienced by the City plowing snow and ice from the streets back onto their
sidwalk and driveway.
An all-out effort is
being made
to educate the public of our policies,
problems,
zvailable
alternatives,
e-:c. For example, p,,(,pl^ living ai
arterials
have the
problem of
the City plowing snow and ice on their
sidewalks
and driveways;
whereas,
people living in residential areas have a
different
problem of
getting through their subdivision to the arterial or
collector.
Roger Krempel has solicited the help of Tom McKee, State Climatologist from
the Atmospheric Science Department, and Hal Cochrane of the Economics
Department, both at CSU. Dr. McKee has provided data concerning the fre-
quency and distribution of one -day and total storm snowfalls in Fort
Collins for the past 80 years. Dr. Hal Cochrane is investigating the
economic cost factors involved, such as time and production losses, acci-
1 355
January 8, 1980
dents, and opportunity costs of a large snowstorm. Roger and his staff
plan to evaluate all of this data in terms of possible revisions to srow
removal policies,.budget, etc. l?e expect to have that information within
the next fev; a;eeks.
MGB/jw
Attachment - map
c.c. Susan Sanfilippo
Bob Lee
(b) He then called Council's attention to a nemorandum on the Shields
Street Sidewalk/Bike Path. The memorandum is as, follows:
M E M O R A N D U M
DATE: January 7, 1980
TO: John E. Arnold, City Manager /Y�
FROM: Marlene Balok, Administrative Assistant ,/P
RE: Shields Street Sidewalk/Bike Path
In response to recent comments by property owners involved in this Improve-
ment District, we believe a clarification of the budget and costs to the
City would be appropriate and helpful.
The budget for this project is broken down as follows:
Professional fees (design) $ 2,800
Right-of-way (includes appraisal costs 29,300
and cost of obtaining land)
Construction 9,400
Contingency _ 4,100
Total Budget $45,600
Of the conct.ruction cos*s, the seven property owners involved will he
assessed for four feet of the seven -foot sidewalk for approximately $5,600
total. Thus, the actual cost to the City is about $40,000 for the total
project.
356
11
January 8, 1980
Most of this cost is for obtaining the right-of-way from the seven property
owners -- $29,300. Legally, the City must pay for land appraised for the
"highest and best use". In this case, that use has been defined as.commer-
cial.
Minus land acquisition, the actual cost to the City for the project would
he $10,700.
We expect to have the project design completed by the end of January. Con-
struction should easily be completed this summer but is dependent upon
negotiations with property owners.
h18/rrk
(c) The Manager then called Council's attention to memorandum on Lemay
Avenue Extension. The memorandum is as follows:
TO:
John Arnold,
Ci.Ls Ptana.jcr �
THRU:
Roy Bingman, Director of Engineering Services �c
Roger Krempel, Director of Public 1�brks & Water Utilities
FR0'1:
Mike Herzig,
Senior. Projects Engineer
RE:
iemay Avenue
Extension - Union Pacific Crossing Estimate
A problem has recently surfaced with the railroad crossing estimate from
the Union Pacific for the track shift and crossing construction. A cost
estimate of $25,426 was presented at the P.U.C. hearing on August 8, 1979,
for the City to pay 100% of that cost. On Pbvember 5, 1979 we requested
the U.P. to substitute a structural foam crossing material for timber
adding an estimated $10,000 to $12,000 to the City costs. A revised total
estimate was to follow. Now on December 17, 1979, I received a phone call
quoting the revised estimate at $55,964, $30,538 over the original or
$18;000 to $20,000 more than anticipated.
The new estimate puts the project $6,0001- over budget at this time.
I have reviewed the cstinutes to detenn.ine. the causes for the increase,
and am still reviewing alternatives for reducing the costs. In general
it appears that two things have occurred to raise the costs.
357
January 8, 1980
1) iJe requested a change in the crossing material substituting foam for
timber. hle estimated the additional cost ($10,000 to $12,000) based
on the cost difference quoted by the C&S Railway Company. What has
happened is the Union Pacific's estimate for timber was $3,000 cheaper
than the C&S where as fcr structural foam they were the same. .This
added F.2,000 to the diff !r,7n,je estimated by the C&S Another factor
is that the Union Pacific has not yet purchased the structural foam
material and the C&S has. Since the C&S purchased the material the
cost of the structural form has increased by $2,000+.
2) On Deceriber 5, 1.979 our design engineer found in revising the roadway
design at the crossing that the track must be level across lemay.in
order for the street to drain properly. I talked to Cliff Shoemaker,
Crossing Engineer for the U.P., on December 6, 1979 relaying the in—
formation. He said he had no problem with the change since the design
had not yet been completed, however, additional grading costs may be
incurred. The revised estimate still had to he completed.
As it turns out the original estimate did not include any ballast or .
excavation for the track shift. }Iowever, to level the tracks through -
the roadway, they have to add a full. 15" ballast section adding $7,125
to the estimate.
The combination of these costs plus additional contingency and overhead
have resulted in the high estimate. As mentioned before, we are still
reviec,ri.ng the problem for alternatives.
I will keep you informed of what develops and what solution is peached.
(d) City Manager, John Arnold, then called Council's attention to a memorandum
on up coming iJork Session. He recommended an all day retreat to discuss
some of the items.
(e) The "tanager and the ifayor then determined that the Adjourned h)eeting of
January 15, 1980, would commence at 10:30 a.m.
(f) Mayor Cowling then requested Council mark their calendars for a Joint
Meeting with the City of Loveland to discuss Urban Growth Area with the
County and other related iroblems. The date is February 7, 1980.
(g) City Manager, John Arnold, then called Council's attention to a News
Release from the Human Relations Commission, requesting Community input
on Human Needs.
(h) City Manager, John Arnold, reported on a recent Energy Conference he
attended. He highlited the reduction in fuel allocation and associated
City needs.
358 1
January E, 1950
IOther Business
Following is the City Manager's me:noran:-um on this item.
E
M E M 0 R A N D U 11
TO: The Honorable Mayor and City Council
FM: John E. Arnold, City Manager
DT: January 8, 1980
RE: Other Business Agenda
1. 1979 Rap -Up Financial_ Items
There are 4 items we need to deal with to rao-up 1979 financial
transactions. These items need to be handled tonight to be
charged against the 1979 budget.
A. Bucke e Property
A separate memo came to you concerning this $10.000
expenditure. Council needs to approve the acquisitions.
B. Ec�ment Fund Appropriation
--
Council his a separate memo on ti-ir end of '79
appropriation.
C. Exception to Section 2-60.A of the Code of Ordinances
We have an opportunity to purchase 1,620 ft. of pipe.
That will save us $2,122. Because the vendor shipped
it to Fort Collins in error, we have an opportunity
to take advantage of that cost savings. Ne contacted
6 other pipe suppliers and the low bid is the $2,122
figure higher.
CpUIICil needs t.o authorize this exception so we can
make the savings-
D. Basin Study Contract.
In order to move us along on storm drainage, we need
consulting engineering help on 2 major, basins: the
359
January 8, 1980
Foothills Basin and the Fox Iieadovis Basin.
We interviewed 12 consulting engineers and selected
Resource Consultants, Inc. of Fort Collins. The
contract will be to a maxinncn of $42,000 and •rill be
charged to the $100,000 Council appropriated for storm
drainage in 1979.
2. Ai t•port
Lucia will need to brief you on the Airport Ad Iloc Committee
meeting that was held today.
Ordinance Adopted on First Reading
Appropriating Funds from Accumulated
Reserves from Expenditures during 1979.
Following is the City Manager's memorandum on this item.
It
DATE: January 7, 1980
TO: The Honorable Mayor and City Council '
FROM: John E. Arnold, City Manager
RE: Equipment Fund Appropriation
Under "Other Business" I need to ask Council for a supplemental appropria-
tion to the Equipment Fund for 1979 of $51,000. The appropriation is needed
because operating expenses were that much higher than projected for the
Revised 1979 Budget.
While we wish we could have known this appropriation was necessary before
the December 20th Council meeting, we did not. The MAINSTEM management
information system we use for the Equipment Fund is run on contract by a
non -City operation and has a 30-day turn -around for information. So the
best we can do now is appropriate the addition.
It's not totally bad news, by any means though. We are also over on revenues
by $71,725. Just those two differences show an improvement in condition of
$20,000. Other changes net out good also, showing an improvement in Net
Working Capital of $110,072, rather than the projected $39,662.
360 _ r
January 8, 1980
.' It's important to note that a major cause of the problem was the increased
cost of fuel, 2/3 of which occurred in the last 6 months. Other events
mentioned are not as significant or unusual.
It's also important to me that Council be made aware anytime budgets are
in trouble or appropriation needed. Council then needs to act to make the
additional appropriation.
Attached are memos and financial statements from the Director of Finance
and the Equipment Fund Manacer that show details. ,
City Clerk, Verna Lewis, read the Ordinance at length.
Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to
adopt Ordinance N0.9, 1980, on First Reading.
YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
' Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to
approve a $10,000 expenditure for the Buckeye Property, Purchase of 1,620
feet of Ductile Iron Pipe, and selection of Resource Consultants to do the
Foothills Basin and Fox Meadows Basin Studies.
YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Report on Airport.
City Attorney, Lucia Liley, reported a judqment has been entered aqainst
Falcon Air and Mrs. Martin in the amount of approximately $135,000.00. A
Sheriff's sale has been set for January 22, 1980.
The Cities have a number of options at this sale, and the legal staff will
make a written recommendation prior to the January 15, 1980 Adjourned
meeting.
361 -
January 8, 1980
Adjournment
The meeting adjourned to January 15, 1980, at 10:30 a.m.
�7
. 362