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HomeMy WebLinkAboutMINUTES-12/05/1978-Regular' December 5, 1978 - 5:30 P.M. COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Regular Meeting - 5:30 P.M. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, October 17, 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 Councilmembers: Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Absent: Mayor Suinn. Staff Members Present: Deibel, Bingman, Harmon, Liley, Wood, Deagle, Mabry, Hays, and Krajicek. Consent Calendar Items: ' These are items of a routine or non -controversial nature, on which a unanimous vote of approval is expected. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. (The purpose of this cal- endar is to allow Council to spend its time and energy on more important items.) The Consent Calendar presented was as follows 3. SECOND READING OF ORDINANCE NO. 105, 1978, BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS FOX MEADOWS ANNEXATION. This Ordinance passed favorably on first reading at the November 21 Council meeting. It is a proposal to annex 81 acres on the south- east corner of East Horsetooth and Timberline Road. Staff recom- mends adoption. 4. SECOND READING OF ORDINANCE NO. 106, 1978, BEING AN ORDINANCE ZONING PROPERTY KNOWN AS THE FOX MEADOWS ANNEXATION. This Ordinance passed favorably on first reading at the November 21 Council meeting. This Ordinance zones approximately 20 acres in the "T" Transition zone and the remaining 61 acres in the "R-L-P," Low ' Density Planned Residential. Staff recommends approval. -125 December 5, 1978 5. SECOND READING OF ORDINANCE NO. 109, 1978, BEING AN ORDINANCE t ANNEXING PROPERTY KNOWN AS THE FORT COLLINS NATIONAL BANK ANNEXATION. This Ordinance passed favorably on first reading at the November 21 Council meeting. It is a proposal to annex 5.3 acres south of East Horsetooth Road and north of Larimer County Canal No. 2 immediately west of The Landings P.U.D. Staff recommends approval. 6. CONSIDER A DEED AND AN EASEMENT. Staff recommends that Council accept and approve the following: A. A Deed satisfying the landscaping requirement in conjunction with the dedication of the Nelson Milk House which Council approved in April. B. Ditch Crossing Agreement for Horsetooth Water Line (New Mercer Ditch) located 270' west of C & S Railroad right-of-way between College Avenue and Shields. There are no monetary considerations on these items. Staff recom-. mends approval. 7. RECEIVE INFORMATION ON UPCOMING COUNCIL MEETINGS. ' In clarifying the Holiday meeting schedule, Staff recommends that the worksession on Tuesday, December 26, be cancelled and the regular Council meeting scheduled for Tuesday, January 2, be held. 8. CONSIDER PRELIMINARY PLAN OF RCD PLAZA SUBDIVISION. This is a proposal for a five (5) lot commercial subdivision on four (4) acres zoned "H-B" located on South College Avenue between the Prime Minister and Dick's Datsun. Staff recommends approval subject to Staff's conditions being met on the Final Plan. 9. CONSIDER FINAL PLAT OF OVERLAND WEST SUBDIVISION. This is a proposal for sixty-one (61) single family lots on 20.14 acres zoned "R-L" located on Overland Trail at West Elizabeth Street. Staff recommends approval of the Final Plat and the gran- ting of a variance concerning double frontage lots. -126- 1 December 5, 1978 10. RESOLUTION RELATING TO THE HOLDING OF EXECUTIVE SESSIONS BY URBAN RENEWAL AUTHORITY. This Resolution would permit the Urban Renewal Authority to hold Executive Sessions for the following reasons: 1. Personnel matters; 2. Meetings with attorneys for the City or the Urban Renewal Authority in an adversary situation; 3. Real property acquisitions; and 4. Discussion of matters pertaining to a developer's financial capability to carry out an urban renewal project. Staff recommends approval. 11. RESOLUTION APPROVING AGREEMENT WITH LARIMER COUNTY FOR BOOKMOBILE SERVICE. Under this Agreement, the City operates and provides the necessary staff, books, insurance, gas, oil, maintenance, and minor repairs on the vehicle. The County provides the vehicle and any major repairs or replacement. County will also pay the City $37,900 in 1979 for this service. Staff recommends approval. I 12. RESOLUTION APPROVING AGREEMENT WITH LARIMER COUNTY FOR LIBRARY SERVICES. Under this Agreement, the City will provide library services to all County residents and the County agrees to pay the City $53,250 for this service. Staff recommends approval. 13. RESOLUTION CLOSING FUND FOR STREET IMPROVEMENT DISTRICT NO. 66 AND TRANSFERRING THE BALANCE TO THE SURPLUS AND DEFICIENCY FUND. The bonds have been paid on Street Improvement District No. 66 and these monies totalling $7,215 need to be transferred to the Surplus and Deficiency Fund. Staff recommends approval. 14. RESOLUTION TRANSFERRING FUNDS BETWEEN APPROPRIATIONS. This Resolution authorizes the necessary transfers to implement the revised 1978 Budget reviewed by Council in September. Staff recom- mends approval. 1 -127- December 5, 1978 The following items were withdrawn from the Consent Calendar: ' Item No. 5 Second Reading of Ordinance No. 109, 1978, Being an Ordinance Annexing Property Known as the Fort Collins National Bank Annexation Item No. 10 Resolution Relating to the Holding of Exe- cutive Sessions by Urban Renewal Authority Item No. 11 Resolution Approving Agreement with Larimer County for Bookmobile Service Item No. 12 Resolution Approving Agreement with Larimer Countv for Library Services Item No. 13 Resolution Closing Fund for Street Improve- ment District No. 66 and Transferring the Balance to the Surplus and Deficiency Fund Item No. 14 Resolution Transferring Funds Between Appor- Driations Councilman Russell made a motion, seconded by Councilman Wil- kinson, to remove the above items from the consent calendar. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. The ordinances presented for adoption on second reading were read by title by Deputy City Clerk Wanda Krajicek as follows: 3. Second Reading of Ordinance No. 105, 1978, Being an Ordi- nance Annexing Property Known as Fox Meadows Annexation. 4. Second Re nance Zon of Ordinance No. 106, 1978, Being an Ordi- onertv Known as the Fox Meadows Annexation. 5. Second Reading, of Ordinance No. 109, 1978, Being an Ordi- nance Annexing Property Known as the Fort Collins National Bank Annexation. Councilman Bowling made a motion, seconded by Councilwoman Gray, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. ' -128- December 5, 1978 I Ordinance Adopted on Second Reading Annexing Property Known as the Fort Collins National Bank Annexation Following is the City Manager's memorandum on this item: "This ordinance passed favorably on first reading at the Novem- ber 21 Council meeting. This is a proposal to annex 5.3 acres south of East Horsetooth Road and north of Larimer County Canal No. 2 immediately west of The Landings PUD. Staff recommends adoption." Councilman Bloom asked that the record show he did not parti- cipate in discussion or vote on this item as he is a director of this bank. Councilman Russell made a motion, seconded by Councilman Wilkin- son, to adopt Ordinance No. 109, 1978. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None. (Bloom out of room). THE MOTION CARRIED. Resolution Relating to Executive Sessions by Urban Renewal Authority. Tabled Following is the City Manager's memorandum on this item: "This Resolution would permit the Urban Renewal Authority to hold Executive Sessions for the following purposes: 1. discussing personnel matters, 2. meeting with attorneys representing the City or the Urban Renewal Authority in an adversary situation. 3. consideration of real property acquisitions by the Authority, and 4. discussion of matters pertaining to a developer's financial capability to.carry out an urban renewal project. Staff recommends approval of this Resolution." 1 -129- December 5, 1978 Councilman Bloom stated that he felt this discussion was pre- , mature. He asked for explanation of the four points outlined above as they pertained to the Urban Renewal Authority. Councilman Russell asked whether Councilmembers would be per- mitted at Urban Renewal Authority executive sessions. City Attorney Liley replied that she felt there was no problem with that,either from a legal standpoint or on the Urban Re- newal Authority members part. After discussion Councilman Bowling made a motion, seconded by Councilwoman Gray, to table this Resolution until December 19, 1978 which will be after the December 6 Council work session with the Urban Renewal Authority. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. Resolution Approved, Approving Agreement with Larimer County for Bookmobile Service Following is the City Manager's memorandum on this item: ' "This Resolution authorizes the execution of an Agreement with Larimer County for the City's provision of bookmobile services. Under this Agreement, the City operates the bookmobile within Larimer County and provides the necessary staff, books, insur- ance, gas, oil, maintenance, and minor repairs on the vehicle. The County provides the vehicle which is used as the bookmobile and is responsible for major repairs or replacement of the equip- ment. The County will also pay the City $37,900 in 1979 for this service. Staff feels that this reimbursement reflects an accurate cost of the program and recommends approval of said Agreement." Resolution Approved, Approving Agreement with Larimer County for Library Services Following is the City Manager's memorandum on this item: "This Resolution authorizes the execution of an Agreement with Larimer County for the City's provision of library services to County residents. Under this Agreement, the Library provides substantially the same services to residents of Larimer County which are presently rendered to those of the City of Fort Col- ' lins. In consideration of this service, the County will pay the City $53,250. This amount was arrived on a regional for- mula for the County which Staff feels is an equitable amount for those services which we provide County residents. -130- December 5, 1978 ' Staff recommends approval of this Resolution." Councilman Bowling stated that he wanted to give recognition to Larry Webber, Library Director for the job he has done in nego- tiating with the County this year. He asked that next year's figures reflect the total cost of library service including the capital funds as well as the maintenance and everyday operations. Councilman Bowling made a motion, seconded by Councilman Bloom, to approve both the above Resolutions. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. Resolution Adopted Closing Fund for Street Improvement District No. 66 and Transfering Balance to the Surplus and Deficiencv Fund Following is the City Manager' memorandum on this item "Our bonds have been paid on Street Improvement District No. 66 and these monies,amounting to $7,215,need to be transferred to the Surplus and Deficiency Fund. Staff recommends approval of this Resolution." Councilman St. Croix questioned the necessity of this transfer stating that he felt that when there was a balance in a Street Improvement District, he would prefer the funds were transferred into the general fund rather than the surplus and deficiency fund. Ron Wood responded to Councilman St. Croix's concerns and brief- ed Council regarding upcoming plans. He noted that the ordinance provides that when surplus and deficiency funds reach a certain level, any excesses may be utilized any way that you dictate. The level is equal to the average outstanding balance of all the spe- cial assessment district bonds. Councilman St. Croix made a motion, seconded by Councilman Wil- kinson, to adopt the above Resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. December 5, 1978 Resolution Adopted Transferring Funds I Between Appropriations Following is the City Manager's memorandum on this item "This Resolution authorizes the necessary transfers to imple- ment the revised 1978 Budget which was reviewed with Council in September of this year. The major reasons for these trans- fers are as follows: 1. The reorganization which took place in early 1978 caused new divisions and departments to be created and dissolved others. 2. Salary and fringe benefit improvements were budgeted in one central account and are now distributed to those areas requiring such funds. 3. Special items. During 1978, Council approved various expenditures from the contingency account which need to be formally transferred. These items include the Corridor Study, the Land Use Study, and the Personnel Reclassifi- cation Study. 4. Additional positions which were required in 1978 such as a right-of-way agent, an additional Assistant City At- torney, Zoning Inspector, and custodians for Lincoln Com- munity Center. These transfers are consistent with our revised 1978 Budget Plan and 1979 Adopted City Budget. Staff recommends approval of this Resolution." Councilwoman Gray stated that she felt major budget items should not be on the Consent agenda and asked that this policy be fol- lowed. Councilwoman Gray made a motion, seconded by Councilman Bowling, to adopt the above Resolution. Yeas: Councilmembers Bloom, Bowl- ing, Gray, Russell, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. -132- 1 E December 5, 1978 Ordinance Adopted on First Reading Relating to the Appropriation of Funds for Expenditure During 1978 Following is the City Manager's memorandum on this item: "This ordinance increases the appropriation of five (5) funds required to implement the 1978 revised Budget. General Fund Additional Appropriations are required in the following areas: 1. Transfers . . . . . . . . . . . . . . . . . . . $120,000 This is for 1978 expenses for Lemay Avenue extension which requires an appropriation for the General Fund which will then be transferred to the Capital Improvements Fund. 2. Recreation . . . . . . . . . . . . . . . . . . . $ 18,000 This is for the 1978 expenses associated with the operation and maintenance of the Northside Community Center. 3. Building Inspection . . . . . . . . . . . . . . . $ 11,727 This is for the salary of one Plans Examiner. This expendi- ture is offset by additional revenue generated by Plan Check Fees. Capital Improvements Fund 1. Parkland Fund . . . . . . . . . . . . . . . . . . $ 26,981 This is for the increased cost of land purchases and options during 1978. This will reduce the fund balance to $86,600. 2. Conservation Trust Fund . . . . . . . . . . . . . $ 1,560 This is for unanticipated expenditures associated with the completion of Buckingham Park. Equipment Fund . . . . . . . . . . . . . . . . . . . . . . $123,818 This is for the construction of the new garage facility. These funds were originally intended to be expended during -133- December 5, 1978 1977 and were not. $80,033 of this amount is a transfer from the I Revenue Sharing Fund. Transfort Fund . . . . . . . . . . . . . . . . . . . . . . . $ 38,400 This is for the additional costs associated with the expanded bus routes, unanticipated outside vehicle repair work, workmen's conpensation expenditures, and salary adjustments. Revenue Sharing Fund . . . . . . . . . . . . . . . . . . . . $ 80,033 This is for additional expenditures required for the construction of the equipment servioe building and new equipTent. Staff reomnends approval of this ordinance." Councilman. Bloom made a motion, seconded by Councilman Bowl- ing, to adopt Ordinance No. 114, 1978. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. I Ordinance Adopted on First Reading Relating to Payments in Lieu of Water Rights Following is the City Manager's memorandum on this item: "The Code of the City of Fort Collins requires that persons desiring water service from the City shall provide either water rights or a cash payment in lieu of such water rights. In recent weeks, market value of principal water stock in the area has been in the range of $1,600 to $1,700 per share with having a nominal yield of one acre foot. The current value is set at $1,200. On November 17, the Water Board voted to increase this amount to $1,600. This Ordinance accomplishes this change. Staff recommends approval of this Ordinance on first reading." Councilman Bowling made a motion, seconded by Councilman Bloom, to adopt Ordinance No. 115, 1978. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None. ' TIIE MOTION CARRIED. -134- December 5, 1978 ' Ordinance Adopted as Amended on First Reading Prohibiting Smoking in Certain Public Places Following is the City Manager's memorandum on this item: "On November 14 Council considered the issue of restricting smoking in public places. Staff has prepared an ordinance. In essence, this ordinance prohibits smoking in most public places unless the establish- ment has provided specially designated smoking areas. However, any establishment may elect not to be covered by this smoking ordinance merely by posting signs to the effect that separate non-smoking areas are not provided. Staff recommends approval." Those speaking in support of the proposed ordinance were: 1. Donna North, Smoking Control Facilitator for Latimer County Health, presented a letter from Dr. Robert Sherwood, Direc- tor, requesting the proposed ordinance be adopted and sug- gesting several ways to strengthen the ordinance. ' 2. Diane Lemmon, representative of the American Lung Assoc. of Colorado, stated that her organization was in favor of this ordinance. 3. Larry Odgaard, 704 W. Myrtle, representative from the Amer- ican Cancer Society, gave his support to '.the ordinance. Those speaking in opposition to the ordinance were: 1. Donald Quinn, executive director of the Colorado -Wyoming Restaurant Assoc., noted that the 45 Fort Collins members of his organization had asked him to represent them on this issue. He stated he was opposed to the proposed ordinance for these reasons: a. The ordinance is not necessary in Colorado because of the existance of SB 137 which does substantially what the proposed local ordinance would do. b. It imposes hardship on private business and offices to meet the ordinance requirements. He asked that Council reject the proposed ordinance on the basis that it is unnecessary and that it places too many restrictions on an already restricted industry. 1 -135- December 5, 1978 2. Jack Lau, Associate Professor in the Department of Food Science and Nutrition, C.S.U., noted that he did not feel ' the need for intervention by a third party to support his request for relief when in an uncomfortable smoking situa- tion. He stated that this ordinance puts the restaurant operator in the position of an enforcer rather than a host. The following local residents who are involved in restaurant operations spoke in opposition to the proposed ordinance: 1. Chris Brown, representing the Junction and the Prime Minister. 2. Todd Sermon, representing Butch Cassidy's and the Red Garter. 3. Brian Buell, member of the Board of Directors of the Colorado -Wyoming Restaurant Assoc. 4. C.J. Streit, representing the Gondolier 5. Lee Stark, representing the Charco-Broiler. 6. Terry Mathias, representing Pizza Hut, Inc. Councilwoman Gray made a motion, seconded by Councilman Wil- kinson to amend Ordinance 116, 1978 in Section 2, Item B, by deleting the phrases 1or serving as a place of work" and "oc- cupied exclusively bysmokers". Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. ' Councilman Bloom made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 116, 1978 as amended. Yeas: Councilmem- bers Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Creating and Establishing Street Lighting Improvement District No. 5 Following is the City Manager's memorandum on this item: "The public hearing of this district was held on November 21st and continued to this meeting. There were no objections to this district. Total costs of the project are estimated at $10,517 with the in- itial construction cost to the property owners totalling $4,793.15; and the initial construction cost to the City, including over- build, being $5,723.35. ' Sla[L recommends approval of this ordinance." -136- December 5, 1978 ' Councilwoman Gray made a motion, seconded by Councilman Wil- kinson, to adopt Ordinance No. 117, 1978. Yeas: Councilmem- bers Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Tabled on First Reading Assessing the Improvements in Street Improvement District No. 71 City Manager Arnold suggested that this item be tabled until December 12, 1978 to allow certain people to participate in the discussion who were not able to be present because of the weather. Councilman Russell made a motion, seconded by Councilman Gray to table Ordinance No. 118, 1978 to December 19, 1978 for the above reasons. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. ' Ordinance Adopted on First Reading Relating to the Telephone Utility Occupation Tax Following is the City Manager's memorandum on this item: "Since 1941, the City has levied an Occupational Tax on tele- phone utilities in the City Limits. Up until 1976, this tax was based on a formula of 2% of the gross revenue from the telephone utility company. Following the Colorado Supreme Court's "Mintern decision," this tax was changed to a flat fee which in 1977 totalled $90,000. Last year, we increased the tax to $100,000. This Ordinance would provide a formula whereby we would not have to make annual adjustments through ordinance changes to increase payments from the telephone util- ities. The new formula would provide for a $.50/account/month Telephone Utility Occupational Tax. As of June 1, 1978, Moun- tain Bell estimates that they have 20,776 accounts. Based on this new formula, it is expected that we will receive, during 1979, $126,000 for the Telephone Occupational Tax. This for- mula change is consistent with the past levels of the tax and it enables us to deal with the growth of the community and the resulting tax in a better manner than we have previously util- ' ized. Staff recommends approval of this Ordinance on first reading." -137- December 5, 1978 Councilman Wilkinson expressed concern regarding the method ' that would be used to allow for inflation from year to year. Jim Harmon, Internal Auditor, responded to Councilman Wil- kinson's concerns. Councilman Gray made a motion, seconded by Councilman Bloom, to adopt Ordinance No. 119, 1978 and provide for yearly review of the per account charge to allow for the inflation factor. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on Second Reading Annexing Property Known as the Bonner Annexation Following is the City Manager's memorandum on this item: "This ordinance passed favorably on first reading at the Novem- ber 21 Council meeting. The vote was 4 in favor and 2 against. This is a proposal to annex 4.1 acres located on West Mulberry I Street, east of Overland Trail. Staff recommends adoption of this ordinance." Councilman Wilkinson made a motion, seconded by Councilman Bowl- ing, to adopt Ordinance No. 107, 1978. Yeas: Councilmen Bloom, Bowling, Russell, St. Croix and Wilkinson. Nays: Councilwoman Gray. THE MOTION CARRIED. Ordinance Adopted on Second Reading Zoning Property Known as the Bonner Annexation Following is the City Manager's memorandum on this item: "This ordinance passed favorably on first reading at the Novem- ber 21 Council meeting. The vote was 4 in favor and 3 against. This ordinance zones the 4.1 acres noted in the preceding item as "R-L-M", Low Density Multi -Family District. Staff recommends adoption of this ordinance." -138- December 5, 1978 ' Councilman Wilkinson made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 108, 1978. Yeas: Council- men Bloom, Bowling, St. Croix and Wilkinson. Nays: Council - members Gray and Russell. THE MOTION CARRIED. Approval of Agreement Stipulating Restrictions on Uses Permitted in "B-P" Zoning for the Fort Collins National Bank Annexation Following is the City Manager's memorandum on this item: "On November 21, Council approved the zoning of this annexation as "B-P" if the following restriction was agreed upon: If the property is used for any use permitted in the "R-M," Medium Density Residential Zoning District, the owners shall submit a site plan for approval to the Planning and Zoning Board. Staff recommends approval of this Agreement." ' Councilman Bloom asked that the record show he did not parti- cipate or vote on the next two items as he is a director of the Fort Collins National Bank. Councilman Bowling made a motion, seconded by Councilman Wil- kinson to approve the agreement. Yeas: Councilmembers Bowl- ing, Gray, Russell, St. Croix and Wilkinson. Nays: None. (Bloom out of room) THE MOTION CARRIED. Ordinance Adopted on Second Reading Zoning the Property Known as the Fort Collins National Bank Annexation Following is the City Manager's memorandum on this item: "This ordinance passed favorably on first reading at the Novem- ber 21 Council meeting. The vote was 4 in favor and 2 against. This ordinance will zone the 5.3 acres in this annexation as "B-P", Planned Business District. Staff recommends adoption if Council approves the contract in the preceding item conditioning "R-M" uses." -139- December 5, 1978 Councilman Bowling made a motion, seconded by Councilman Wil- kinson, to adopt Ordinance No. 110, 1978. Yeas: Councilmem- bers Bowling, St. Croix and Wilkinson. Nays: Councilmembers Gray and Russell. (Bloom out of room). THE MOTION CARRIED. Ordinance Adopted on Second Reading Appropriating Funds for Expenditure Durine 1978 Following is the City Manager's memorandum on this item: "On November 21st Council approved appropriating $9,400 in funds for expenditure in 1978. Since the 21st meeting, staff has discovered another $1,740 of anti -recession funds. There- fore, we have amended the ordinance to show appropriations totaling $11,140. Staff recommends adoption of the amended ordinance." Councilman Russell made a motion, seconded by Councilman Wil- kinson, to adopt Ordinance No. 111, 1978. Yeas: Councilmem- bers Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on Second Reading Amending the Code Relating to Park Land Fees and Increasing Said Fee to $275 Following is the City Manager's memorandum on this item: "At the November 21 Council meeting staff requested an in- crease in the Park Land Fee from $250 to $265. Council voted to amend the increase to $275. The ordinance has been amended to reflect this. Staff recommends adoption." Councilman Bowling made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 112, 1978. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. -140- 1 December 5, 1978 ' Resolution Approved for the Entering into of an Agreement with Sterling Sand and Gravel Co. Calling for Acceptance of Gift and Construction of Fencing Following is the City Manager's memorandum on this item: "Sterling Sand and Gravel Co. has most generously offered to convey to the City approximately 2.1 acres of land in the vi- cinity of the Poudre River for utilization in connection with the City's Trail System. The City, in turn, has agreed to provide fencing along this section of the Trail System to pro- vide a barrier between the Trail System and Sterling Sand and Gravel Co.'s mining and industrial uses of adjacent property. It is recommended that the Resolution be approved and the Coun- cil convey the City's appreciation to Sterling Sand and Gravel Co. This is a big help to our overall comprehensive trail system." Councilman Bloom made a motion, seconded by Councilman Russell, to approve the agreement. Yeas: Councilmembers Bloom, Bowl- ing, Gray, Russell, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. Resolution Approved for the Entering Into of an Agreement with H. W. Rogers & Associates Calling for Acceptance of Gift and Construction of Fencing Following is the City Manager's memorandum on this item: "H. W. Rogers & Associates has most generously offered to con- vey to the City approximately 3.4 acres of land in the vicinity of the Poudre River for utilization in connection with the City's Trail System. The City, in turn, has agreed to provide fencing along this section of the Trail System to provide a barrier be- tween the Trail System and H. W. Rogers & Associates' mining and industrial uses of adjacent property. It is recommended that the Resolution be approved and the Coun- cil convey the City's appreciation to Mr. H. W. Rogers. This is another big boost to our overall trail system." -141- December 5, 1978 Council requested that the administration have an appropriate t plaque prepared thanking Sterling Sand and Gravel Co. and H. W. Rogers and Assoc. and that this plaque be presented to them at a future Council meeting. Councilman Wilkinson made a motion, seconded by Councilman Bloom, to approve the Resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. Easement Agreement with East Larimer County Water District Approved Following is the City Manager's memorandum on this item "Since the ELCO easement traverses across the same strip of land as that donated to the City by Sterling/Rogers for the Poudre Trail System, it is submitted for Council approval in conjunction with these gift donations. Both "packages" have been discussed with the Department of Parks and Recreation, the City Attorney, and Engineering. Staff recommends approval." ' Councilman Bowling made a motion, seconded by Councilwoman Gray, to approve the Agreement. Yeas: Councilmembers Bloom, Bowling, Gray and St. Croix. Nays: Councilmen Russell and Wilkinson. THE MOTION CARRIED Master and Preliminary Plan of Chism Homes, P,U.D. Approved Conditionally Following is the City Manager's memorandum on this item: "This is a proposal for a 900 unit P.U.D. on 150+ acres zoned "R-L-P," Low Density Planned Residential, located on the south- east corner of Horsetooth Road and South Shields Street. At its November 6 meeting, the Planning and Zoning Board voted unanimously to recommend approval of the Master Plan and ap- proval of the Preliminary Plan subject to a number of conditions being met. The Staff Report outlines these recommended changes which we will discuss with Council. Subject to the'implementation of these changes, Staff recommends I approval of the Master and Preliminary Plan." -142- December 5, 1978 Plannin & ZoningBoard Recommendation: "Approval subject to ' con itions. Upon discussion at its November 6 meeting, the Board voted uani- mously to recommend approval of the master plan and approval of the preliminary or Areas L-1, L-2, L-3, and L-4, subject to the following conditions: 1. That the street paving widths conform to the standards set forth in the P.U.D. Ordinance; 2. That sidewalks be provided on both sides of all through streets; 3. That paved pathways be provided through the green belts and these be linked to sidewalks and/or street with additional paved pathways; 4. That the pathways be wide enough to properly handle both pedes- trian and bicyclists or a separate pathway for each be pro- vided; 5. That drainage plans be provided; 6. That the developer participate in a traffic light installation at the intersection of Shields and Horsetooth; 7. That the developer participate in the water mains in both Horsetooth and Shields Streets; 8. Additional easements will be necessary for public utilities throughout the site; 9. That an area at least 50' wide be opened to the park at the intersection of the collector and the ring road; 10. That the green belts in Areas L-3 and L-4 be enlarged and opened to the streets and cul-de-sacs. These green belts be incorporated into Area L-2; 11. That areas H-1 and M-3 and commercial allotment area be com- bined; 12. That the green belt along the southern edge of the site be eliminated. Minutes are attached. The developer has been working with staff to modify the plan to conform to conditions set forth at the Plan- ning and Zoning Board hearing. However, the applicant does not agree to all the conditions." Planning Director, Chuck Mabry briefed Council on this P.U.D. David Cismoski, 3622 Richmond Dr., spoke in opposition to the pro- posed development. He expressed concerns about the environmental, esthetic and land values associated with this development that effect the neighboring residents. He asked if this southward de- velopment was in line with the Fort Collins master plan and if it was compatible with two acre plots surrounding the area. He ex- pressed concerns regarding the traffic problems and recommended that Council table further development hi Lh1n :,rea uul.11. Lliu F01 L ' Collins master plan is approved. If this is not prudent, he sug- gested that Council direct the developer to include in his plan- ning for the west side of the development which borders on Shields, heavy landscaping such as trees, mounds, shriths, et-c., so that the area is compatible with Skyline Acres. -143- December 5, 1978 Bob Sutter, architect and planner, representing the petitioner , Chism Homes, presented a conceptualization of the area to show the open space circulation, intensity and building coverage plan- ned for the development. Councilman Bloom made a motion, seconded by Councilman Bowling, to approve the Master and Preliminary Plan subject to all the conditions outlined in the above Planning and Zoning Board re- commendation. Yeas: Councilmen Bloom, Bowling, Russell, St. Croix and Wilkinson. Nays: Councilwoman Gray. THE MOTION CARRIED. Preliminary Plan of Village Park P.U.D. Approved Following is the City Manager's memorandum on this item: "This is a proposal for a forty-eight (48) unit P.U.D. on 5.97 acres zoned "R-P", Planned Residential, located on the northeast corner of West Stuart Street and Heatheridge Road. Five areas of concern were noted by the Planning and Zoning Board in the discussion of this item: ' 1. That the developer revise the plan to show all easements. 2. That the developer dedicate the necessary gas line ease- ments. 3. That the developer provide additional pedestrian walkways between the two cul-de-sacs. 4. That the developer revise the west cul-de-sac to provide a proper turning area for the maneuvering of fire equip- ment. 5. That the developer revise the parking plan to show 19' parking stalls. Staff recommends approval of this Preliminary Plan conditioned upon the above items being implemented." Eldon Ward, ZVFK Architects, noted that all the details had been worked out with City staff and answered questions from Council. Councilman Wilkinson made a motion, seconded by Councilwoman Gray to approve the preliminary plan. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. ' -144- December 5, 1978 I Preliminary Plan of Century Mall, P.U.D. Approved Following is the City Manager's memorandum on this item: "This is a proposal to expand the existing Century Mall on the existing subdivision lot via a P.U.D. by 35,400 square feet. Zoning is "H-B," Highway Business. The Petitioners are requesting preliminary P.U.D. site plan ap- proval which would allow the construction of an additional rest-. aurant and savings and loan building and a two-story retail office structure. The Petitioners are also seeking approval of an 18,000 square foot addition to the existing department store and approval of extensive site and landscape treatment. The major Planning and Zoning Board and Staff comments concerning this plan are as follows: 1. That the developer provide sidewalks along one side of the Columbia Road entrance. 2. That the two (2) parking spaces at the southwest corner of the restaurant be eliminated and landscaping substituted. ' 3. That the developer work with the owners of Montgomery Wards to include them in the P.U.D. 4. That the developer provide additional landscape buffering along the entire frontage of the property as it abuts College Avenue. Staff recommends approval of this Preliminary Plan subject to these conditions." Councilmembers Bowling and Wilkinson asked that the record show that they did not participate or vote on this item. Councilwoman Gray made a motion, seconded by Councilman Bloom, to approve the Preliminary Plan subject to the above conditions. Yeas: Councilmembers Bloom, Gray, Russell and St. Croix. Nays: None. (Bowling and Wilkinson out of room). THE MOTION CARRIED. -145- December 5, 1978 Preliminary Plan of Golden Meadows I Subdivision Approved Following is the City Manager's memorandum on this item: "This is a proposal for 118 single-family lots on 38+ acres zoned "R-L-P," Low Density Planned Residential, located south of Collindale Golf Course and east of Lemay Avenue. Golden Meadows is part of the Collindale P.U.D. previously approved by the Planning and Zoning Board and the City Council. The zoning is "R-L-P." However, it is being proposed under a straight sub- division concept. This change is a major diversion from the mas- ter plan concept which depicted this area as a multi -family and a patio home area in the Collindale South P.U.D. application. Staff would like to discuss with Council a number of recommended changes to this Preliminary Plat which are listed in the Planning Staff Report." Planning Director, Mabry stated that all the conditions listed as recommendations by the Planning and Zoning Board had been met by the developers. Councilman Bloom made a motion, seconded by Councilwoman Gray, to ' approve the preliminary plan. Yeas: Councilmembers Bloom, Bowl- ing, Gray, Russell, St. Croix and Wilkinson: Nays: None. THE MOTION CARRIED Preliminary Plan of Cunningham Corners P.U.D. Withdrawn City Manager Arnold noted that this item had been withdrawn at the request of the petitioners and would come back at a later date. City Manager's Report City Manager Arnold noted that there would be a meeting with the Highway Department on December 13 at 3:30 p.m. in the Council Chambers. On December 20 at 12:00 noon Council will have a meeting with the School Board in the Ludlow rooms. -146- 1 December 5, 1978 Report From Council Members on Committees Councilwoman Gray noted that at the Colorado Municipal League policy committee meeting.the possibility of a state lottery was discussed. Council directed Councilwoman Gray to continue to oppose the lottery concept. Other Business City Manager Arnold noted there were three items of other business to be considered. Air Quality Resolution Adopted Councilwoman Gray made a motion, seconded by Councilman Bowling, to adopt the air quality resolution as presented. Yeas: Bloom, Bowling, Gray, Russell, St. Croix.: Nays: Councilman Wilkinson. THE MOTION CARRIED. I Arthur Ditch Squash Tube Agreement Approved City Manager Arnold stated that approval of this agreement was necessary to install a squash tube underneath a bridge. Councilman Bowling made a motion, seconded by Bloom to approve the agreement with the Arthur Ditch Co. to install a squash tube. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. Bid Awarded on Warren Trunk Line Sewer City Manager Arnold noted that the bid by Barker Construction of $96,317.40 is the one recommended by staff. Councilman Bowling made a motion, seconded by Councilman Russell, to award the bid to Barker Construction provided a check of their qualifications is made. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None. ' THE MOTION CARRIED. -147- December 5, 1978 Adjournment ' Councilman Russell made a motion, seconded by Councilman Bowling, to adjourn into executive session to discuss personnel matters and land acquisition. Yeas: Councilmembers Bowling, Gray, Rus- sell, St. Croix and Wilkinson. Nays: Councilman Bloom. THE MOTION CARRIED. The meeting adjourned at 9:45 p.m. ATTEST: City Clerk -148- '