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HomeMy WebLinkAboutMINUTES-07/05/1978-RegularJuly 5, 1978 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 Wednesday, July 5, 1978 at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Council - members: Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Absent: Councilman St. Croix. Staff Members Present: Arnold, Deibel, Bingman, Krajicek, Harmon, Sanfilippo, Lanspery, Deagle, Lewis, Ward, Mabry, Hays and Jacobsen. Upon the meeting being called to order, City Manager Arnold requested an executive session for the purpose of discussing litigation before acting on the Consent Calendar. Councilman Russell made a motion, seconded by Councilman Wilkinson to adjourn into executive session for the purpose of discussing litigation. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. Consent Calendar Items. These are items of a routine or non -controversial nature, on which a unanimous vote of approval is expected. Any- one 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: 5. SECOND READING OF ORDINANCE NO. 60, 1978, ADOPTING BY REFERENCE THE COLORADO MODEL ENERGY EFFICIENCY CONSTRUCTION AND RENOVATION STANDARDS FOR NONRESIDENTIAL BUILDINGS OF THE STATE OF COLORADO AND THE COLORADO RECOMMENDED ENERGY CON- SERVATION "PERFORMANCE" CODE FOR NEW CONSTRUCTION AND RENOVATION OF RESIDENTIAL BUILDINGS. ' This ordinance passed on first reading at the June 20 Council meeting. It replaces our existing Insulation Code for New Residential Construction with the State Residential Code as mandated in S.B. 154. We are having trouble obta.ininq the secondary codes, so we recommend tabling until August 1, 1978. -367- July 5, 1978 6. SECOND READING OF ORDINANCE NO. 61, 1978, BEING AN ORDINANCE AMENDING CHAPTER I 47 OF THE CODE OF THE CITY OF FORT COLLINS ADOPTING AN ELECTRICAL CODE. This ordinance passed on first reading at the June 20 Council meeting. The publication is not completed. Staff recommended tabling this reading until August 1st. 7. SECOND READING OF ORDINANCE NO. 62, 1978, AMENDING SECTION 112-24 OF THE CODE.. OF THE CITY OF FORT COLLINS RELATING TO THE WATER UTILITY. This ordinance passed on first reading at the June 20 Council meeting. It restricts watering daily from Midnight to 4 a.m. Staff recommends approval. B. SECOND READING OF ORDINANCE NO. 64, 1978, AMENDING THE ZONING ORDINANCE BY CHANGING THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY AND MAKING CERTAIN FINDINGS RELATED THERETO. This ordinance passed favorably on first reading at the June 20 Council meeting. This is a citizen -initiated rezoning of 88 acres located west of Shields St. on Mountain Avenue. The area is rezoned from R-M to R-L. Staff recommends approval. 9. SECOND READING OF ORDINANCE NO. 38, 1978, REZONING THE MILLER -SOUTH OVERLAND TRAIL PROPERTY (TABLED 4/18/78) ' This is a proposal to rezone 2.77 acres located on Overland Trail south of Prospect Street from B-L to R-M. This ordinance passed favorably on first reading at the April 4 Council meeting. The petitioner requested tabling on second reading at the April 18th meeting. Staff recommends approval. 10. SPECIAL EVENTS PERMIT USE POLICY. This Policy was reviewed at the last work session. Council needs to adopt this policy by motion in order for us to use the procedure during the interim period. Staff recommends adoption. 11. ALLEN FARM SUBDIVISION, PRELIMINARY AND TREND HOMES SUBDIVISION PRELIMINARY. (TABLED 6/6/78) These items were tabled until this meeting in order for staff and the developer to work out some problems concerning street layout. The revisions have not been finalized. Staff recommends tabling this item until July 18. 12. REPLAT OF A PART OF NORTH SHORE P.U.D. This is a proposed amendment to replace six townhouse units with two four-plex buildings containing eight units. The project still remains at one-half the ' density permitted in this zone. Staff recommends approval. WE July 5, 1978 13. TRAIL WEST SUBDIVISION: FINAL PLAT. This is a proposal for 62 multi -family lots on 18.4 acres zoned R-L-M, Low Density Multiple -Family District, located on Overland Trail at West Stuart Street. All conditions from the preliminary approval have been met. Staff recommends approval. Mayor Suinn reconvened the meeting. The following items were withdrawn from the Consent Calendar: Item No. 9. Ordinance No. 38 1978 Rezonin the Miller -South Overlap Trail Property City Manager Arnold had requested that Council allow this item to be withdrawn at the request of the petitioner. Councilman Bowling made a motion, seconded by Councilman Wilkinson to allow the withdrawal of Ordinance No. 38, 1978, being an Ordinance rezoning the Miller -South Overland Trail property. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. I THE MOTION CARRIED The ordinances presented for adoption on second reading were read by title by City Clerk Verna Lewis as follows: 7 Ordinance No. 62, 1978, Being an Ordinance Amending Section 112-24 of the Code of the City of Fort Collins Relating to the Water Utility. 8. Ordinance No. 64, 1978, Being an Ordinance Amending the Zoning Ordinance by Changing the Zoning Classification for Certain Property and Making Certain Findings Related Thereto. Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 1 -369- July 5, 1978 Newman Subdivision, Hess Subdivision, I Anderson Subdivision, Preliminary and Final Plats Approved Following is the City Manager's memorandum on this item: Newman Subdivision, Preliminary and Final Plat This is a proposal for two single-family lots on .76 acre zoned R-L, Low Density Residential District, located on Prospect Street east of Overland Trail. Planning and Zoning Board recommended approval subject to clarifi- cation of adjacent rights of way on the plat and approval of utility plans. Hess Subdivision, Preliminary and Final Plat This is a proposal for 3 single-family lots on .54 acre zoned R-L, Low Density Residential District, located on Orchard Place at Rocky Road. of this plan. There were no conditions to approval by the Planning and Zoning Board Anderson Subdivision, Preliminary and Final Plat This is a proposal for two single-family lots on .5 acre zoned R-L, ' Low Density Residential District, located on Mulberry Street north and east of Locust Grove Drive. The applicant requests to divide an existing 17,500 square -foot lot into one 7,500 square -foot lot and one 10,000 square -foot lot. Planning and Zoning Board recommended approval subject to submission of an improvements survey for the existing property. These are routine items. All conditions suggested by the Planning and Zoning Board have been met by the petitioners. We recommend approval of each of these subdivisions. Counclman'Wilkinson made a motion, seconded by Councilman Bloom to approve the 'three Subdivisions, Preliminary and Final Plats. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED -370 July 5, 1978 I Elliott-Miller Foothills West Subdivision, 16th Filing, Preliminary and Final Plat - Withdrawn Mayor Suinn reported this item had been requested for withdrawal by the petitioner, as had been item Number 9. Councilman Wilkinson made a motion, seconded by Councilman Bloom to allow withdrawal of this item. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Shadowbrook, F.U.D., Preliminary Plan Approved Following is the City Manager's memorandum on this item: This is a proposal for 60 multi -family units on 9.34 acres zoned R-P and located on Stuart Street west of Lemay. ' Planning staff's major comments concern: 1. provisions for the Spring Creek recreational trail and for flood plain engineering along Spring Creek; 2. provision of additional overflow guest parking; and 3. shifting or eliminating one unit for fire access. The Planning & Zoning Board recommended approval of this preliminary plan as long as staff's comments are fully dealt with on the final. The developer has agreed to this. We recommend approval of the preliminary subject to the developer addressing staff's comments on the final plan. Petitioner, Dick Siever, spoke to the specifics of the plan. Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve the Shadowbrook P.U.D. Preliminary Plan. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 1 -371- July 5, 1978 No Action Taken on an Ordinance ' Rezoning Vipont - East Olive Properties Following is City Manager's memorandum on this item: This is a proposal to rezone .3 acre located on Olive Street from R-M to B-G. The present use of this property is non -conforming and would continue to be non -conforming if the B-G Zoning were approved. The present use of this site is clas- sified as an Industrial Use. The petitioner is requesting the rezoning in order to obtain finan- cing for their purchase of the site's facilities from REA. This financing cannot be obtained for this non -conforming use if it remains in the R-M Zone, but it can be financed as a non -conforming use in the B-G Zone. Practically, because of the capital investment represented by the improvements on this property, it is unlikely that an R-M use will ever return to this site. The current use of this site is actually industrial. Rezoning the property to B-G is probably a good solution for the neighborhood in the long run because B-G uses are less intensive than Industrial. The Planning and Zoning Board recommended denial of this rezoning because no evidence of changed conditions was submitted. We feel, however, that from a practical standpoint, rezoning to B-G is appropriate and in the best interests of that I neighborhood. Councilmember Bloom requested the record to show that he is withdrawing from consideration of this item because he is an adjacent property owner and he had a discussion with one other Councilmember, concerning this item. Councilmember Russell stated he would like to withdraw because he is also an adjacent property owner and would not take part in the voting procedure; he would like to present pictures of the Vipont properties. Attorney Eugene Fisher, representing the applicants addressed the non -conforming entitlement, and the changes which had occurred in the area. He also informed Council that Vipont has been unable to do any development or cleanup in the older houses because they are there as an option from Poudre Valley R.E.A. and will be able to exercise their option and purchase the property only if the requested rezoning is granted. Councilmembers requested a commitment from the petitioner that the area would receive better maintenance of this area. J -372- July 5, 1978 The petitioner agreed that maintenance would be improved. Mr. Bob Martin owner of the Parkview Apartments spoke in opposition to the rezoning request. Councilmembers requested that the legal staff look into the non -conforming use entitlements which the City has used heretofor. Councilmember Gray made a motion, seconded by Counciimember Suinn to deny Ordinance No. 65, 1978, Yeas: Councilmembers Gray and Suinn. Nays: Councilmembers Bowling and Wilkinson. Mayor Suinn declared THE MOTION FAILED. Councilman Bowling made a motion, seconded by Councilman Wilkinson to table this Ordinance to the July 18, 1978 meeting. Yeas: Councilmembers Bowling and Wilkinson. Nays: Council - members Gray and Suinn. Mayor Suinn declared THE MOTION HAD FAILED. Mayor Suinn recommended that Attorney Fisher get together with his client and meet with the staff to determine thet proper procedures for pursuing this issue. Ordinance Adopted on First Reading Rezoning Baetz - Mulberry Properties City Manager Arnold stated there is an official written request to withdraw this request. The request is made a part hereof: 9164el 9. lwwe& ATTORNEY AT LAW 333 WEST MOUNTAIN AVENUE, P.O. BOX M FORT COLLINS. COLORADO 80522 TELEPHONE (303) 482-2170 July 5, T978 TO: CITY COUNCIL OF FORT COLLINS, COLORADO and MR. JOHN E. ARNOLD, MANAGER RE: HEARING and FIRST READING of ORDINANCE NO. 66, 1978, REZONING BAETZ - WEST MULBERRY PROPERTY; ITEM 18; MEETING DATE JULY 5, 1978, and -373- July 5, 1978 TO WHOM IT MAY CONCERN: ' The undersigned attorney, for and on behalf of the Petitioner, MABEL F. BAETZ, does hereby withdraw her petition for rezoning from RL to RP, and dicects that the matter not be heard or other- wise considered at the July 5, 1978 meeting of the Fort Collins City Council. Yours very truly, Paul D. Baetz No. 3963 Attorney For Mabel F. Baetz Councilman Wilkinson -ade a motion, seconded by.Councilmember Gray to allow the withdrawal of this rezoning request. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. ' THE MOTION CARRIED Ordinance Adopted on First Reading Rezoning Miller - Bristlecone Drive Properties Following is City Manager's memorandum on this item: This is a propgsal to rezone B acres located on Bristlecone Drive east of College Avenue from I-L to H-B. The petitioner feels that the rezoning is compatible with the adja- cent zoning, and would be supportive to the downtown area and North College businesses. According to the.petitioner, this rezoning would help stimulate development north of the downtown area, and fill in the void between the northern residential area and the northern Fort Collins business district. Staff and the Planning and Zoning Board both recommend approval of the rezoning. The rezoning is compatible with planning objectives contained in the "North Fort Collins - Evergreen Park Existing Land Uses and Zoning Study" and reinforces our desire to aid the downtown area with complimentary land uses. We recommend approval of this rezoning. I -374- July 5, 1978 ' Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt Ordinance No 67, 1978 on First Reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Executive Session Authorized L_ Councilmember Bowling made a motion, seconded by Councilmember Wilkinson to adjourn into Executive Session for the purpose of discussing personnel matters. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Citizen Participation a. Proclamation - Welcome Wagon's 50th Birthday. This proclamation was received by the five Hostesses from the Fort Collins area. b. Police presentation to Ed Swartz for 50,000 accident free miles. C. Mrs. Ceria Santistevan, Secretary of the Buckingham Center read a letter of appreciation from the Buckingham Resident Council for completion of Martinez Park. d. Robert McCarty, representing a non-smoking group, requested that Council consider instituting laws re- lating to smoking in public places. City Manager Arnold stated the staff would study the matter and bring it back for Council consideration. City Manager's Report a. City Manager Arnold reported Celebration held at the City teen Police Reserve Officers Department. These reserves man hours and dollars. -375- that at the July 4th Park, there had been four - who assisted the Police save the Cities countless July 5,,1978 b: City Manager Arnold reported there has been a request ' for a Carnival Permit to be held at the Olive and College lot. The applicants will be checked out. C. City Manager Arnold then brought Council's attention to a letter written by Fire Chief John Mulligan inviting Council to attend a one -day seminar, -to be held on July 20, 1978 dealing with Command Personnel and hazardous materials. Report from Citv Council Members on Committees a. Councilman Bowling announced that on July 10, 1978 the Corridor Committee will be'making appointments. He then announced that on Juiy 12, 1978 the C.O.G. would hold hearings on the 208 Plan. Councilman Bowling then reported on the Colorado Municipal League, Environmental Land Use Committee meeting held in Colorado Springs, relating to guidelines for air pollution. b Councilwoman Gray stated she would be attending the National League of Cities, Steering Committee on Public ' Safety meeting in Dallas. Fire Rating Systems and other fire issues will be items of concern. C. Councilman Russell reported on the minutes of the last PRPA meeting. d. Councilman Wilkinson reported that the 1041 Steering Committee will have a meeting on July 10, 1978. Ordinance Adopted on First Reading.Zoning the Horsetooth - Harmony Annexation Following is City Manager's memorandum on this item: This ordinance zones the 289 acres included in the Horsetooth-Harmony Annexation as follows: Zone Acres Area west of College to the west side of railroad R.O.W. H-B 89.5 Park South P.U.D. H-B 16.5 R-P 20.4 R-L-P 61.4 Troutman, Laird Norton Co. ' property (west of railroad R.O.W. south of Park South) R-L-P 94.4 -376- July 5, 1978 'This zoning configuration was requested by the owners of properties within the annexation. Both staff and the Planning and Zoning Board feel that this zoning is appropriate for the area. We recommend approval. Councilman Russell made a motion, seconded by Councilman Bowling to adopt Ordinance No. 68, 1978, on first .reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on Second Reading Being an Ordinance Annexing Property Known as the Horsetooth - Harmony Annexation to the City of Fort Collins ' Following is City Manager's memorandum on this item: This annexation petition is for approximately 260 acres on the west side of South College Avenue between Horsetooth Road and Harmony Road. Council meeting. This ordinance passed favorably on first reading at the June 20 We recommend adoption of this ordinance on second reading. City Attorney March reported to the Council that he had written a letter to the owners of the Troutman Property, detailing various aspects of the development of that land. The items reviewed were: 1. Zoning 2. Development (of) H.B. Portion 3. Frontage Road (Question) 4. Entrance Road ' S. Site Layout -377- July 5,1978 6. Development (of) R-L-P Portion ' 7. Park Site 8 Utility Service - Electric 9. Utility Service - Water 10. Utility Service - Sewer 11. Special Districts Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt Ordinance No. 63, 1978, on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Resolution Adopted Setting Forth Certain Intentions of the Council in Connection with the Proposal to Form an Urban Renewal Authority ' Following is City Manager's memorandum on this item: This resolution clarifies the intent of Council in establishing an Urban Renewal Authority for the purpose of undertaking a renewal project in the "Triangle" area. We feel this Resolution is responsive to some of Council's concerns regarding the Authority and recommend approval. Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Members to the Urban Renewal Authority Appointed Following is City Manager's memorandum on this item: Council needs to appoint seven members to the Urban Renewal Authority and should ratify this action by motion. A chairman t needs to be selected as well as terms of service for members. -378- July 5, 1978 Councilman Bloom recommended that Council make the appointments, but that the Committee meet prior to the next Council meeting and appoint their own Chairman. Council concurred in this recommendation. Council then made the following appointments: Name Term Raymond Gile 1 year Margaret Mitchell 2 years Richard McCormick 2 years Donald E. Colcun 3 years Ronald R. Wemple 3 years Randall E. Larson 4 years John L. Baskett 5 years Councilman Bowling made a motion, seconded by Councilwoman Gray to approve appointments of members to the Urban Renewal Authority. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Award of Concessionaire Bid for Lincoln Community Center Approved Following is City Manager's Memorandum on this item: The Cultural Resources Board met Wednesday, June 28th and discussed the two applicants for Concessionaire at the Lincoln Center. Mr. Stouffer indicated that he is.a member of the Jaycees and planned to partly rely in Jaycee financing of the operation. This arrangement could raise legal problems with the State regarding the Liquor License. In view of this, the Board recommended that the bid be awarded to the Jaycees. The Board also recommended that Stouffer be designated as manager of the concession because of his experience. We recommend that the Jaycees be awarded the bid for concessionaire at Lincoln' Center. Councilman Bowling made a motion seconded by Councilwoman Gray to award bid to the Jaycees Corporation. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. (Councilman Russell out of room) ' THE MOTION CARRIED -379- July 5, 1978 Fort Collins - Loveland Airport F.B.O. I Transfer Recommendations Approved We have been working with the Airport Board and the City of Loveland on the transfers of F.B.O. operations from Hoffman to COL -AIR. The Airport will be open July 1st under COL -AIR supervision. Both staff and the Airport Board feel that we need to give COL -AIR some firm indication of whether or not they are acceptable as F.B.O. as soon as possible. We are preparing a package which includes a discussion of COL-AIR's qualifications as well as recommended lease and operational revisions. We would like to review these items with Council for your input. We hope to be able to distribute our recommendations to Council before the July 5th meeting, but we are working under a tight time frame. City Manager Arnold stated the agreements are not prepared as yet, but the administration needs direction on the basic con- cept of COL -AIR. Councilmembers inquired into purchase of the hangars and the Airport Board's recommendation. Councilman Bowling made a motion, seconded by Councilwoman Gray ' to accept the recommendation in the.report in concept with preference expressed for rent escalation on the basis of changes in cost of living index and for purchase of old "T" hangars. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Adjournment Mayor Suinn declared the meeting adjourned at 8:50 p.m. ATTEST: City Clerk am