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HomeMy WebLinkAboutMINUTES-07/18/1978-RegularI July 18, 1978 COUNCIL OF THE CITY OF FORT COLLINS. COLORADO Council - Manager Form of Government Regular Meeting - 5:00 P.M. A regular meeting of the Council of the City of Fort Collins was held on Tuesday,. July 18, 1978 at 5:00 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Secretary's Note: Councilman Bloom arrived at 5:30 p.m. Staff Members Present: Arnold, Deibel, Bingman, Harmon, Krajicek, Sanfilippo, Lanspery, Deagle, Liley, Ward, Mabry, Hays, McGraw, Kost and Lewis. Also: City Attorney March. City Manager Arnold requested the Council adjourn into executive session for the purpose of discussing litigation and :personnel matters. Councilman Bowling made a motion, seconded by Councilman Wilkinson to adjourn into executive session for the pur- pose of discussing litigation and personnel matters. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. ?Mayor Bloom reconvened the meeting at 5:30 p.m. ent 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.) I The Consent Calendar presented was as follows: 4. SECOND READING OF ORDINANCE NO. 46, 1978, ANNEXING PROPERTY KNOWN AS THE HIATT ANNEXATION. (TABLED 5/16/78) -38.1- July 18, 1978 This is a proposal to annex 4.27 acres located on North Lemay Avenue 1/4 mile ' south of Willox Lane. The petitioner plans to expand an existing greenhouse. Staff recommends tabling this item until September 5 when the "Fort Collins Greenhouse Study" will be completed. 5. SECOND READING OF ORDINANCE NO. 67, 1978, REZONING MILLER-BRISTLECONE DRIVE PROPERTIES. This ordinance passed favorably on first reading at the July 5 meeting. It is a proposal to rezone 8 acres located on Bristlecone Drive east of College Avenue from I-L to H-B. Staff recommends approval. 6. SECOND READING OF ORDINANCE NO. 68, 1978, ZONING THE HORSETOOTH-HARMONY ANNEXATION. This ordinance passed favorably on first reading at the July 5 meeting. It pro- poses to zone 289 acres as follows: 155.8 acres R-L-P, 106 acres as H-B, and 20.4 acres R-P. Staff recommends approval. 7. RESOLUTION AUTHORIZING EXTENSION OF LEASE AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY FOR THE LEASE OF A PARK SITE. This agreement will extend a current lease for another five years for a park site ' located at the Jefferson Street Parkway. Staff recommends approval. 8. RESOLUTION PROVIDING FOR TEMPORARY USE PERMITS FOR NORTHERN COLORADO CONSERVANCY DISTRICT. This resolution provides for the transfer of 80 acre feet of Horsetooth water to the City and satisfies water credits due from Everitt Enterprises for one of their developments. Staff recommends approval. 9. CONFIRMATION OF THE SELECTION OF THE CHAIRMAN OF THE URBAN RENEWAL AUTHORITY. Members of the Authority have met and recommend Donald E. Colcun for Chairman and Ronald R. Wemple for Vice -Chairman. Staff recommends Council confirm these appointments. 10. BROWNSTONE SQUARE SUBDIVISION, FINAL PLAN. This is a proposal for four multi -family lots on 1.97 acres zoned R-M, Medium Density Residential District, located on Overland Trail south of West Prospect Street. All conditions on the preliminary plan have been met. Staff recommends approval. The following items were withdrawn from the Consent Calendar: ' -382- July 18, 1978 ' Item No. 6. Ordinance No. 68, 1978, Zoning the Horsetooth-Harmony Annexation. (This item was handled later in the meeting.) The ordinances presented for adoption on second reading were read by title by City Clerk Verna Lewis as follows: 5. Ordinance No. 67, 1978, being an Ordinance Rezoning Miller-Bristlecone Drive Properties. Councilman Russell made a motion, seconded by Councilman Wilkinson to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Bowling, Bloom, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Relating to Placement of Fences ' Following is the City Manager's memorandum on this item: "We have reduced the front setback for single-family res- idences from 30 to 20 feet. Our fence code should reflect this change. Ordinance No. 69 amends our fence code to comply with the reduced setback requirement. We recommend approval." Councilman St. Croix made a motion, seconded by Councilman Bloom to adopt Ordinance No. 69, 1978, on first reading. Yeas: Councilmembers Bowling, Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Amending Utility Rebate Program Following is the City Manager's memorandum on this item: ' "Our Citizens' Tax Committee recommended that we review -383- July 18, 1978 and change our Utility Rebate Program for Senior Citizens. ' We have reviewed the program and recommend that we allow a pro-rata share for individuals that may use just one of the services. These rebates would be: Electric --- $15; Water---$10; and Sewer---$5. These amounts represent an average residential consumer's utility bill for one month. For your information, 871 applicants received utility rebates last year for a total of $21,848.46. This ordinance provides for these changes and we recommend approval." Councilman Wilkinson made a motion, seconded by Council- woman Gray to adopt Ordinance No. 70, 1978, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Relating ' to the Tax Refund Program for the Elderly and Changing Time Limits Relating to the Application for Such Refund Following is the City Manager's memorandum on this item: "In conjunction with our review of the Senior Citizens' Utility Rebate Program, we also examined the Senior Citizens' Property Tax Rebate Program. Staff recommends two changes: 1. that we extend the acceptance of applications for property tax rebate from October 15 to December 31. 2. that the applicant must be a resident of the City as of August 1 of the year in which the application is submitted. (Prior the applicant had to be a resident at the time the application was submitted.) We recommend approval." Councilman Bloom made a motion, seconded by Councilman Russell to adopt Ordinance No. 71, 1978 on first reading. I Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED IK-RE July 18, 1978 ' Ordinance Tabled Amending Chapter 118 of the Code of the City of Fort Collins Being a Part of the Zoning Ordinance Relating to Industrial Zones and Setting Forth Certain Parking, Landscaping and Performance Standards Therefor Following is the City Manager's memorandum on this item: The proposed industrial ordinance would revise the existing I-L, I-P and I-G zones. The Council considered this proposal at two previous work sessions. Primarily, there are five changes to the existing Industrial Zones: 1. Additional uses, Alteration of landscape requirements (in some cases requiring additional landscaping and in some cases reducing landscaping), Flexibility if the P.U.D. approach is utilized, 4. Uniform parking requirements, and 5. New performance standards. At Council's last review, concerns were expressed regarding landscape and parking requirements. After considerable research on this issue, planning staff recommends that there be no further reduction in the landscaping requirements unless a P.U.D. approach is utilized. Regarding parking, after an examination of existing guide- lines, we recommend that 1-112 spaces per two employees be required for all wholesaling, warehousing, and research -type uses. Parking spaces for all other uses would be based on floor area. This ordinance also sets forth performance standards for glare and heat, vibration and light, and noise. The standards in the ordinance are ones which we think can be easily monitored and controlled using available equipment and personnel. This ordinance does not set new standards for smoke, noxious or toxic matter, radioactive material, and odor. We could have adopted the State's per- formance standards for these items, but they are too lengthy and complex for us to adequately enforce. This ordinance then keeps intact the standards which we now have. We do recommend, however, that Councilcon work with Dr. _Corri_n_of_CSU on condensing the_State regulations pertaining to smoke, odor and noxious materials_ into a_more meaningful_. and enforceable form for Fort Collins. We _ can then incorporate these standards into our ordinance. We recommend approval of the ordinance on first reading. Assistant City Attorney Liley distributed copies of the changes made in which Council had provided input. -385- July 18, 1978 Councilman Wilkinson made additional recommendations for ' changes on Page 5, item F., minimum yard (requirements) and on Page 6, item H., Landscaping along arterial streets, and Section 3.1. Landscape requirements. Councilman Bowling made a motion, seconded by Councilman Bloom to table Ordinance No. 72, 1978 to August 1, 1978 and that Councilmembers Wilkinson and Gray work with Assistant City Attorney Liley before this item comes back to make revisions. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Repealing Article 14 of the Code and Establishing Procedures for the Granting of Cable Communication System Franchises. Following is the City Manager's memorandum on this item: "The attached Ordinance reflects Council's desire to ' simplify the proposal originally submitted on June 27. Both Daniels and Associates, and Dolph Simons have reviewed the ordinance and are in agreement with its provisions. We recommend approval of the ordinance. Our schedule for pursuing the cable operation looks like this: July 18 First Reading of CATV Ordinance July 21 Advertising of Request for Proposals (Allowing 20 days to respond.) July 26 Publication of Notice of Public Hearing August 1 Second Reading of CATV Ordinance August 10 Receipt of Proposals August 15 Public Hearing on Proposals Council may want to have additional public hearings or work sessions or review sessions after the August 15th hearing. But we will schedule those then. City Manager Arnold advised the Council that a franchise ' -386- July 18, 1978 election will have to be held; City Clerk Verna Lewis has reported that if the proposals and applications are received in a timely manner, it would be possible to have this item included in the County's General Election ballot in November. Councilmembers inquired into the revocation provision, into the need for a franchise and the regulation on monitoring the programs. Assistant City Attorney Deagle responded to these inquires. Councilman Russell made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 73, 1978, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Allen Farm Subdivision, Preliminary Plan Approved Following is the City Manager's memorandum on this item: "This proposal for a 280-lot, was tabled on June 6 to allow certain revisions to the plan. single-family development the developer time to make Planning staff has worked with the developer on this project, and we feel that the problems discussed on June 6 are adequately addressed on the revised preliminary plan. Our only remaining concerns deal with drainage and some minor street design revisions. These can both be addressed on the final plan. We recommend approved of Allen Farm Subdivision, Preliminary Plan." Councilwoman Gray requested that Council consider the Trend Homes Subdivision, Preliminary Plan simultaneously with this plan as they interrelate. Paul Deible, Planner II, presented the two revised plans. Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve the Allen Farm Subdivision, preliminary plan. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, ' St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED -38.7- July 18, 1978 Trend Homes Subdivision, ' Preliminary Plan, Approved Following is City Manager's memorandum on this item: "This item was tabled on June 6 in order to allow the developer to respond to concerns expressed by Council. Our basic problems with the original preliminary concerned the homogeneity of the development and the organization of the internal street layout. The developer has submitted two alternative versions of a revised preliminary plan. Planning staff feels that Plan "A" does a good job answering our concerns. Alternative "A" provides a more coherent pattern of streets, and also provides for street frontage exposure to the south side of the park site. In addition, under Plan "A", 9 acres at the corner of Taft Hill and Horsetooth are reserved for future development. This should allow for the provisions of some varied uses in the area. We recommend approval of the revised preliminary plan known as 'Alternative A.'" ' Councilmembers inquired into the fence openings at the end of the cul-de-sac and the portion of the plan which is being reserved for single family attached housing. Mr. John Holland, representing THK, the planners for the development spoke to the parcel reserved which is intended to respond to staffs request for a cluster development in the area. Councilman Bloom made a motion, seconded by Councilman Bowling to approve the Trend Homes Subdivision, preliminary plan - "Alternative A". Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Sliinn and Wilkinson. Nays: None. (Councilman Russell out of room). THE MOTION CARRIED Ordinance Denied Rezoning Property Known as the Vipont-East Olive Rezoning July 18, 1978 ' Following is City Manager's memorandum on this item: "This proposal to rezone .3 acre located on Olive Street from R-H to B-G was considered at Council's last meeting. Council voted 2-2 to deny the request, so effectively no action was taken. Staff contacted the petitioner, and offered to work with him on finding an alternative location for his facility. The petitioner chose not to meet with us. He did, however, want the item placed on this agenda so it could be heard at a meeting where more members of Council are present. The arguments for and against the rezoning are: FOR AGAINST 1. Unless rezoning is 1. Rezoning would contin- granted, petitioner can- ue nonconforming use. not finalize purchase and make improvements. 2. Rezoning would introduce business zoning in a 2. Existing use is actually residential area. I-L; practically B-G is a less intensive zone 3. If Vipont left the area, ' than I-L. some allowed B-G uses could have a detrimental 3. Because of capital invest- effect on the neighbor- ments on the property, hood. there is little chance that R-H use would be made of the property. The Planning and Zoning Board denied the requested rezoning with a 4-2 vote. They felt the petitioner had not adequately justified the "changed conditions" argument for the rezoning. We think that we can respond to the petitioner's problem without the rezoning. We recommend that staff work with the petitioner on various alternatives. These include: 1. assisting the petitioner in finding a site with the proper zoning for their operation, 2. finding a means to make the existing use conforming within the R-H zone, or 3. obtaining a variance from the Zoning Board of Appeals ' on the extension limitations for nonconforming uses. -389- July 18, 1978 Councilmen Bloom and Russell requested that the record show t that they would not take part in discussion or vote on this item, as they are both adjacent property owners. Attorney Eugene Fisher representing the petitioners again gave testimony regarding the changes in the area, the plans for development and the inability of the petitioners to obtain permanent financing under a variance. Councilman St. Croix made a motion to refer this matter back to staff for them to work with Vipont and come up with a suitable solution. Mayor Suinn declared the motion dead for lack of a second. Councilman St. Croix made a motion, seconded by Councilwoman Gray to deny Ordinance No. 65, 1978. Yeas: Councilmembers Gray, St. Croix, and Suinn. Nays: Councilmembers Bowling and Wilkinson. THE MOTION CARRIED Mayor Suinn then declared a recess until 7:15 p.m. ' Report from City Council Members on Committees (a) Councilman Bloom reported on the Denver Charter Amend- ment proposal on Police and Fire Pension increases. This increase would help fund the pension fund. The election will be held on September 12. (b) Councilman Bowling reported on the COG - receipt of the subcommittee recommendation on funding from the cities. (c) Councilman Russell reported the next PRPA meeting would be held on July 27. Conference calls have been had regarding to completion of the building. (d) Councilman St. Croix stated the Corridor Committee had met at 4:00 p.m. this afternoon; he did not attend as he had to attend City Council meeting. (e) Councilman Wilkinson and Mayor Suinn reported on the 1041 Steering Committee actions, relating to the ' Urban Services Study. (f) Councilman Bowling stated that July 27, would be the final hearing date for the 208 plan. -390- July 18, 1978 I Ordinance Denied Rezoning Properties Known as Burnham -South Shields Street Rezoning. Following is the City Manager's memorandum on this item "This is a proposal to rezone .681 acre located on South Shields Street at Westward Drive from R-L to R-H. The petitioner justifies the rezoning on the basis that there was an error in the original zoning and substantial change in the surrounding neighborhood has occurred. Planning staff and the Planning and Zoning Board contend that a change to R-H could result in an increase in traffic on South Shields. In addition, there does not appear to be a need for additional R-H zoning in this area. The Planning and Zoning Board also did not feel that the petitioner offered sufficient proof that there was an error in the original zoning. The Planning and Zoning Board and staff recommend denial of this rezoning request." ' Ms. Tina Burnham, representing the petitioner spoke at length to petitioners rationale for seeking the rezoning request. Ms. Burnham presented a sketch of the area, depicting the parking areas ingress and egress and location of the house. Councilman Wilkinson made a motion, seconded by Councilman St. Croix to adopt Ordinance No. 74, 1978 conditioned upon the structure and landscaping remaining in place. Assistant City Attorney Liley stated if Council granted conditional zoning, Council still had to make a finding, stating changed conditions, and what conditions are to be imposed. Council- man Wilkinson then withdrew his motion with consent of the seconder. Councilman Wilkinson made a motion, seconded by Councilman St. Croix to table Ordinance No. 74, 1978, and instruct the Assistant City Attorney to draw up a contract conditioning the zoning. Yeas: Councilmembers Russell, St. Croix and Wilkinson. Nays: Councilmembers Bloom, Bowling, Gray, and Suinn. Mayor Suinn declared THE. MOTION FAILED. ' Councilman Bloom made a motion, seconded by Councilwoman Gray to deny the Ordinance No. 74, 1978. Yeas: Council - members Bloom, Bowling, Gray and Suinn. Nays: Council - members Russell, St. Croix, and Wilkinson. -- 39 �- July 18, 1978 City Manager's Report , (a) City Manager Arnold reported he had given Council a list of City properties and Poudre R-I properties which have received a permit for night watering. (b) City Manager Arnold then presented a list of future meetings; a number of which are budget hearings. (c) City Manager Arnold then reported that proponent and opponents or neighborhood residents, will hence- forth receive a copy of agenda material for their review. (d) City Manager Arnold then stated that the City has received insurance bids. He then requested Council adjourn this meeting to July 25, 1978 to deal with the bids. (e) City Manager Arnold then reported that the District Court had upheld the City's Sign Code. Ordinance Adopted as Amended on Second ' Reading, Zoning the Horsetooth-Harmony Annexation. Following is the City Manager's memorandum on this item "This ordinance passed favorably on first reading at the July 5 Council meeting. It proposes to zone 289 acres as follows: 155.8 acres as R-L-P, 106 acres as H-B, and 20.4 acres R-P. Both staff and the Planning and Zoning Board feel that this zoning is appropriate for the area. We recommend approval." City Manager Arnold requested this item be acted on next and requested further that City Attorney March address a request from the owners of the property to delete a portion of the annexation and leave it unzoned at this time, for two reasons: (1) the yet undetermined park site and (2) the matter of water rights. This area would have to be zoned within 90 days of the annexation. -392-- July 18, 1978 ' Councilman Bowling made a motion, seconded by Councilman Bloom to amend Ordinance No. 68, 1978 by deleting the area as recommended by the city attorney and leave the area un- zoned. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Councilman Wilkinson made a motion seconded by Councilman Bloom to adopt Ordinance No. 68, 1978 as amended. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Tabled Relating to the Use of Streets, Alleys, Sidewalks, Plazas and Malls. Following is the City Manager's memorandum on this item: "Since the completion of the Downtown Redevelopment Project, we have received several requests from sidewalk ' vendors and other groups to use the Oak Street Plaza. Examples of these requests include a proposal for a hot dog stand from "Mustard's Last Stand, II" and a proposal from the Kiwanis Club for an Octoberfest in the mall. Our current ordinances provide only for granting encroachment permits for temporary construction and related barriers. These ordinances are not really applicable to sidewalk sales, vendors and other uses. Ordinance No. 75 authorizes us to develop and apply guide- lines governing the use of public streets, alleys, plazas and malls for sidewalk sales, vendors and special events. We have attached some draft guidelines for administering these requests. We will be discussing these with the DMA Tuesday morning and will have their comments for you at the meeting. If there are no serious objections to these guidelines, we will finalize them and implement the administrative process. We recommend approval of this ordinance on first reading." City Manager Arnold stated he had met with the DMA regarding the Ordinance and the guidelines.Since that time the City ' has received a request that this item be tabled for two weeks in order that the DMA have time to review the proposal. 393- July 18, 1978 Councilman Wilkinson made a motion, seconded by Councilman Russell ' to table this Ordinance to August, 1978. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Councilman Bloom made a motion, seconded by Councilman Wilkinson to approve the request of the Kiwanis "Octoberfest." Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ms. Corinne Campbell, representing Mustard's Last Stand, (a push hot dog cart) requested a variance from the Hawkers and Peddler license so that she would not have to be in constant motion except when she is making a sale. She ended by asking for a temporary permit to September 15, 1978. Councilmembers spoke to varying points of view regarding a ' special permit. City Manager Arnold stated perhaps Council consider allowing him to issue a special permit under the existing ordinance for 30 to 60 days on a trial basis. Councilman St. Croix made a motion, seconded by Councilman Bowling to approve an encroachment permit to Mustard's Last Stand and administratively authorizing the City Manager to work out the details. Yeas: Councilmembers Bowling, Gray, St. Croix and Suinn. Nays: Councilmembers Bloom, Russell and Wilkinson. THE MOTION CARRIED Other Business (a) City Manager Arnold stated that during the transition of City Attorneys, the Administration needs authorization of an additional City Attorney. This is a Council appointment and Council needs to approve the advertise- ment, selection and hiring. Councilman Russell made a motion, seconded by Council- ' man St. Croix to authorize the hiring of another Assistant City Attorney. Yeas: Councilmembers Bloom, -394- July 18, 1978 ' Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED (b) City Manager Arnold introduced Traffic Engineer Bob Lee. (c) Councilman Wilkinson made a motion, seconded by Council- man St. Croix to adjourn the meeting to July 25, 1978 at 1:00 p.m. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Adjournment Mayor Suinn declared the meeting adjourned at 8:40 p.m. — A��<L May ATTEST: 7 /,,,, � I Ci Clerk - 395--