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HomeMy WebLinkAboutMINUTES-05/15/1979-RegularMay 15, 1979 ' 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, May 15, 1979, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Council - members: Bowling, Gray, Kross, Reeves, St. Croix, Wil- kinson and Wilmarth. Absent: None. Staff Members Present: Lanspery, Mulligan, Feldman, Curt Smith, Ralph Smith, Mills, Hays, Deibel, Frazier, Randy Balok, Phillips, Lee, Ruggiero, Wood, Rupel, Bingman, Straayer Harmon, Deagle, Mabry, Liley and Lewis. Mayor Bowling stated the agenda would be changed slightly. The first item is a special proclamation, proclaiming May 18, 19, 1979 to be Fort Collins Area Special Olympics Days. City Clerk Verna Lewis read the proclamation at length, and it was received by Ms. Sue Danford. Mayor Bowling then presented a plaque to Ms. Danford, in recog- nition of her efforts as coordinator of the Special Olympics program. Ms. Danford introduced the volunteers present and the participants in attendance who received Mayor for the Day Certi- ficates. Those receiving certificates were as follows: Jim Greear Pat Werpy Penny Scott Sara Swift Chuck Purdy Ken Williams Don Roberson Mary Hazzard Roy Kagiyama Teresa Souders Rick Keeton Leigh Romsdal City Manager's - Agenda Review Assistant City Manager, Paul. Lanspery, called Council's .atten- tion to the continuous consent calendar. He then stated that -421- May 15, 1979 item D. 6. (An Easement Agreement with Reid D. Burton for the ' installation and maintenance of bike, hiking, and pedestrian trail) was a donation from Mr. Burton for the trails system and Mr. Burton had stated he did not want a lot of recognition. There is a minor amendment proposed for item 16 (Hearing and First Reading of Ordinance No. 63, 1979, Amending the Code and Providing for Appointment of two Alternate Members to the Building Board of Appeals), and there is one item of other business. Consent Calendar: These are items of a routine or non -controversial nature, on which a unanimous vote of approval is expected. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered 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: A. Second Reading of Ordinance No. 53, 1979, Vacating a Portion of an u n iiLy casement on cot su, Norin more r.u.u. ' This Ordinance was passed unanimously on first reading at the May 1 Council meeting. It provides for the vacation of a portion of - the utility easement on Lot 30, North Shore P.U.D. B. Second Reading of Ordinance No. 55, 1979, Authorizinq an Agreement on to This Ordinance passed unanimously on first reading at the May 1 Council meeting. It provides for.the financing of the equipment repair facility. We will finance the facility through a lease purchase agreement with Boettcher & Co. at a cost of $367,000 with an annual rate of 7.375%. C. Second Reading of Ordinance No. 56, 1979 Authorizing Purchase Agreement for the Acquisition of Two IBM Copiers. This Ordinance passed unanimously on first reading at the May 1 Council meeting. It provides for the City to purchase two IBM Copier II machines for both in-house and public use at a reduced price. -422- May 15, 1979 ' D. Deeds, Easements, and Agreements.' This item on the agenda brings to Council for consideration by summary only routine deeds, easements, and agreements. They have already been reviewed and approved. by the. City Attorney's staff and other departmental staff.involved with each project. 1. A Sewer Line Crossing Agreement with Larimer County No. 2 Canal Irrigating Company and J-M Ltd. for the Village Park P.U.D. 2. A Storm Sewer Line Crossing Agreement with Larimer County Canal No: 2 and J-M Ltd, for the Village Park P.U.D. 3. A new Dedication Deed for a right-of-way located at Riverside Drive for the installation of utilities and storm drainage facilities. This was submitted to correct a legal description in the former dedi- cation.deed. 4. An Easement Agreement with CSU Research Foundation for the installation, inspection, maintenance, ' replacement or removal of a buried sewer. 5. An Easement Agreement with James P. Hoffman and Lydia Ann Morrison for the installation and main- tenance of a bike, hiking, and _equestrian trail. 6. An Easement Agreement with Reid D. Burton for the installation and maintenance of bike, hiking, and equestrian trail. 7. An Easement Agreement with Sharon E. Florea as Personal Representative of the estate of Elanor D. Manley for the installation and maintenance of buried utility lines. 8. An Easement Agreement with G. W. Jr. and J. M. Tompkin for the installation and maintenance of buried utility lines. Staff recommends Council authorize the City Attorney to prepare such agreements and also authorize City Manager and City Clerk to execute the same. -423- May 15, 1979 E. Sole Source Purchase of Cushman Turf Trucks. We are asking Council for sole source purchase approval of four Cushman Turf trucks from Golf Carts, nc. for $17,294. F. Oakbrook II, Replat, Final. This is a request to replat Lot 1, Oakbrook II, a 5.5 acre tract zoned "R-M-P." G. Replat Lots 1 and 3 Doctors' Center, 2nd Filing Final. This is a proposal to replat Lots 1 and 3 of the Doctors' Center, Second Filing, into one lot totaling 41,512 sq. ft. H. Victoria Lakes P.U.D., Final. This is a final proposal for a 130-unit townhome P.U.D. on 18 acres zoned "R-P," located at the southeast corner of Heatheridge Road and Prospect Street. The applicant is Prospect II, Corp. I. Hearinq and of 25. 1 On January 16, Council considered an ordinance which would pro- hibit the use of on -street parking for storage of vehicles held or acquired for dismantling, rebuilding, sale or resale, repairing, servicing, scrapping, or other salvage processes. Staff was instructed to create 2-hour parking zones and/or prohibit over- night parking to address the problem. These actions have given some relief. Staff recommends postponing the ordinance inde- finitely. J. Resolution Authorizing the City to Enter into al On December 26, 1978, Curtis E. Smith entered into an agreement with Larimer County for consulting services. Curtis E. Smith is now Chief Planner for the City. Therefore, staff recommends the City be assigned his contract with Larimer County for full respon- sibility of performances under the agreement and entitled to all payments due and owing Curtis Smith from Larimer County. I. -424- 1 Fi 1 K. Request for Federal Fund Assistance for Site May 15, 1979 an Council, Airport Board, and FAA have discussed the possibility of installing an I.L.S. system at the Airport through Federal assistance of $100,000 and the Cities' participation at $25,000. Council members gave their general consensus of approval at the May 8th Work Session. Staff recommends Council formally approve the submission of the application. L. Resolution Authorizi Alcohol Driving Coun lication for Conti sion o Since December, 1977, the.Police Department has received funding for an alcohol driving countermeasures project through the State Division of Highway Safety. This Resolution provides for continu- ance of this project. The following items were withdrawn from the Consent Calendar: Item J. Resolution Authorizing the City to Enter into a Go- vernmental Agreement with Larimer County and Curtis E. Smith. The ordinances presented for adoption on second reading were read by title by City Clerk Verna Lewis as follows: Item A. Second Reading of Ordinance No. 53, 1979, Vacating a Portion of an Utility Easement on Lot 30, North Shore P.U.D. Item B. Second Reading of Ordinance No: 55, 1979, Authorizing an Agreement with Boettcher & Co. for the Lease and Option to Purchase Certain Real Property. Item C. Second Reading of Ordinance No. 56, 1979, Authorizing a Lease Purchase Agreement for the Acquisition of Two IBM Copiers. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. -425- May 15, 1979 Other Business ' Mayor Bowling requested the administration request the Sound System Contractor to appear before Council and explain the in- adequacies of the system, along with.a report on the lavalier microphones Council has requested. Resolution Adopted Authorizing the City to Enter into a Governmental Agreement with Larimer County and Curtis E. Smith Following is the City Manager's memorandum on this item: "On December 26, 1978, Curtis E. Smith entered into an agree- ment with Larimer County for consulting services. Curtis E. Smith is now Chief Planner for the City. Therefore, staff re- commends the City be assigned his contract with Larimer County for full responsibility of performances under the agreement and entitled to all payments due and owing Curtis Smith from Larimer County." Councilman Wilkinson stated he had requested this item be re- moved from the consent calendar, because he felt that any time ' the Council is dealing with one of the City's employees, and entering into a contract with the County, there should be a brief explanation, for the record. Planning and Development Director, Chuck Mabry, reported that Curtis Smith, who has the contract to complete the Corridor Study, with the County, has come to work for the City, as Chief Planner for the City. Rather than have Mr'. Smith in two posi- tions, this item was taken to the Corridor Steering Committee and they have agreed that the City would finalize the work, and receive the remuneration for the work under the contract, in- stead of Curtis Smith. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. -426- 1 May 15, 1979 ' Ordinance Adopted on Second Reading Amending the Code and Increasing the Docket Fees for the Filing of an Appeal with the Building Board of Appeals Following is the City Manager's memorandum on this item "This Ordinance was passed favorably on first reading at the May 1, Council meeting. Presently, our Code states that a docket fee a person pays for filing an application to the Building Board of Appeals for a variance or interpretation is $10. This fee has been in ef- fect since 1971.. Staff is recommending an increase of the docket fee to $25 if the appeal is to be heard at a regular meeting and $35 if a special meeting needs to be called. These new rates are re- presentative of the amount of time generally spent in preparing for an appeal and just cover our hard costs. We have increased the fee for special meetings. We will further review these fees as part of the 1980 budget for possible additional increases for January 1, 1980. Staff recommends adoption." Councilwoman Gray made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 54, 1979, on second reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None, THE MOTION CARRIED. Resolution Adopted as Amended Approving the 1979-81 Community Development Block Grant Budget Following is the City Manager's memorandum on this item: "This item has been discussed at two public hearings and a work session. The changes that we have made and which are reflected in the Resolution for 1979 are: 1. Funding of the safe house at a level of $100,000. 2. Deletion of all funding for the Housing Authority Land Set Aside. -427- May 15, 1979 3. Movement of the $35,000 in seed money for Housing ' Services to the Contingency Fund. 4. Movement of the $5,000 for the Community Center restroom to contingency since the project will be completed in the very near future with budgeted general fund monies. Ms. Fern Robertson from the Neighborhood Reinvestment Corpora- tion will be present to discuss with Council the Neighborhood Housing Services Program. Jim Woods has further recommended (see attachement) that any improvements to the HVAC system at the Community Center not be completed with Community Development Block Grant funds be- cause of a concern over the eligibility of these expenditures in the H.U.D. guidelines." Councilman Wilmarth asked "do we have to submit the budget for 1980 and 1981, since we haven't gone over them at all in any de- tail?" He expressed concern that the Council has had inade- quate discussion and inadequate direction given to the groups for next year, or to anybody relying on this action as a mean- ingful one. He commented further "I am very much concerned in terms of our misleading the public in sending this document ' anywhere, without any more discussion than we have had about 1980 and 1981." Councilwoman Gray stated she did not want to discuss the re- solution, as she felt the 1980 and 1981 plans were tentative and the Committee would be meeting again to discuss the 1980 and 1981 funding. Councilman St. Croix concurred with comments made by Councilman Wilmarth. Housing Rehabilitation Director, Jim Woods, responded that an amendment could be made to the resolution, further, he stated Council will be submitting two components: (1) the 1979 annual program and budget and (2) the three year project summary. H.U.D. will approve the application which is submitted every third year, and on annual years the City will be submitting an annual program and budget. Councilwoman Reeves expressed concern that no funds had been included for 1980, or 1981 for the Land set aside. Councilman Wilkinson inquired into the allowed uses for contingency funds. Councilman Wilmarth also expressed concern for the $5,000 which had been deleted from the Mountain Avenue Restroom, and projects which may be ineligible. Ms. Fern Robertson, Assistant Field Representative for Neigh- borhoodI Reinvestment, spoke to the $35,000 requested for the -428- May 15, 1979 Neighborhood Housing Services. Consensus of the Council was to retain this $35,000 amount in contingency, and request a future presentation on this item, at a work session. Councilwoman Gray made a motion, seconded by Councilman Wil- kinson, to amend the resolution by striking "Amendments to the Department of Housing and Urban Development for the 1979 ---1981 Community Development Program Budgets" and inserting "the 1979 Community Development Block Grant Application in- cluding the following 1979 Annual Program and Three Year Pro- ject Summary" in the title, and in the second sentence, after the word"submie'. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Councilwoman Reeves made a motion, seconded by Councilman St. Croix, to adopt the resolution as amended. Yeas: Councilmem- bers Bowling, Reeves, St. Croix and Wilkinson. Nays: Council - members Gray, Kross and Wilmarth. THE MOTION CARRIED. I Fairview P.U.D. Final, Phase 2 Denied; Reconsidered and Approved Following is the City Manager's memorandum on this item "This is a final proposal (Phase 2) for a 1.18 acre commercial P.U.D. zoned "B-P," located on West Elizabeth and City Park Avenue. The applicant is The 1405 Corporation. Council approved the preliminary plan for the entire Fairview P.U.D., a 4.17 acre commercial P.U.D., at its January 2 meeting. This proposal is for final plan approval for Phase 2, 1.18 acres which includes a Wendy's (2218 sq. ft.) and a future com- mercial building (5000'sq. ft.). All conditions imposed at the preliminary stage have been satisfactorily met on the final plan. Staff recommends approval." Councilwoman Reeves inquired if the staff was satisfied with the traffic flow in the area, in light of the fast foods chain. Chief Planner, Curtis Smith, responded they have looked at it. Councilman Wilmarth requested that the administration provide the recommendation of the Planning and Zoning Board and the ' vote, be included in the summary pages, on items such as this or others where there may have been controversy on an item. -429- May 15, 1979 Planning and Development Director, Chuck Mabry, responded on I the action of the Planning and Zoning Board, being unanimous recommendation for approval on the preliminary plan. Councilman Wilkinson made a motion, seconded by Councilman Kross, to approve Fairview P.U.D. Final, Phase 2. Yeas: Coun- cilmembers Bowling, Kross and Wilkinson. Nays: Councilmembers Gray, Reeves, St. Croix and Wilmarth. THE MOTION WAS DEFEATED (Secretary's Note: This item was reconsidered later in the meeting and approved.) Rossborough Subdivision, First Filing, Final Approved Following is the City Manager's memorandum on this item: "This is a final proposal for 150 single-family lots on 43.09 acres and a 2.6 acre out parcel zoned "R-L-P," located east of Taft Hill Road and north of Horsetooth Road. The applicant is Trend Homes. Council approved the preliminary plan for the entire 156-acre , Rossborough Subdivision, formerly known as Trend Homes Sub- division, at a meeting in July of 1978. This proposal is for final approval of Phase I or the First Filing of this entire piece. The 2.6 acre out parcel (Tract A) is to be used as a temporary construction site for Rossborough Homes. Staff recommends approval." ° Assistant City Manager, Paul Lanspery, stated this item had also been preliminary approved by the Council. Councilman St. Croix stated he would like Council to address the Council's basic philosophy of development; this development in particular has only one egress, on to a major arterial. Chief Planner, Curt Smith, spoke to the North -South street alignment. Councilwoman Gray made a motion, seconded by Councilman Kross, to approve Rossborough Subdivision, First Filing, Final. Yeas: Councilmembers Bowling, Gray, Kross,, Reeves, Wilkinson and Wil- marth. Nays: Councilman St. Croix. THE MOTION CARRIED. -430- II May 15, 1979 ' Agreement for Residential Fire Station in Southwest Section of Fort Collins Approved Following is the City Manager's memorandum on this item: "Last year, Council approved the concept and appropriated funds for the construction of a "residential" fire station to be lo- cated in the southwest section of town. Basically, the facility would be a regular house with an over- sized garage. When the service area became such as to justify a full -service fire station, the house would be sold, thereby, recapturing the City's investment. We are pleased to report we have successfully negotiated an agreement with Trend Homes of Nebraska, Inc. under the terms of which Trend Homes would donate a site and build the facility at cost. The proposed facility will be built at a cost.of $36,900. The 1979 Capital budget contains $59,000 for this project which will cover the additional costs of garage oversizing and equipping the facility. The City is most appreciative of Trend Homes' generous donation and recommends that Council approve the Agreement." ' Councilwoman Gray made a motion, seconded by Councilman Wilkin- son, to approve the agreement, with a hearty thanks. Yeas: Coun- cilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Mayor Bowling requested the administration prepare a letter of appreciation to Trend Homes for their contribution and coopera- tion in this matter. Citizen Participation Mayor Bowling proclaimed the following: (A). Vietnam Veterans Week Proclamation - May 28 through June 3, 1979. (B). National Public Works Week Proclamation - May 20, through May 26, 1979. (C). Youth Awareness Week - May 20 through May 26, 1979. -431- May 15, 1979 City Manager's Report ' (a). Assistant City Manager Lanspery reported that on May 16, 1979 at 7:00 there will be a meeting at the Park Shop for the Mulberry Street Improvements. (b). Assistant City Manager Lanspery then called Council's attention to a copy of the Management Letter from Al Kruchten. The Finance Committee will be dealing with this and a work session and the item will be scheduled. Council Members' Reports (a). Councilwoman Reeves reported the Council of Governments meeting has been rescheduled to May 31 at 4:00 p.m. on the 208 Funding. The meeting will be held at the Fort Collins Holiday Inn. (b). Councilman St. Croix reported on a meeting of the Finance Committee of the City Council, held today, with external auditor Bob Hammond. The committee will meet with him again next week. (c). Mayor Bowling reported that over the weekend the Fort ' Collins Police Department had held a Law Enforcement Day Display at Foothills Fashion Mall. He then requested that Chief Smith issue public thanks to the participants. Chief Smith stated he would relay the Mayor's "comments. (d). Mayor Bowling then complimented the Fort Collins Fire Department on the handling of a recent Fire on Prospect Street. Fairview P.U.D. Final Phase 2 ADDroved Mayor Bowling stated he understood that Mr. William Brenner was here and had not received an opportunity to speak on the issue. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, that Council reconsider item No. 7. Yeas: Council - members Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. -432- May 15, 1979 ' Mr. Brenner stated he was might have on the project. here to answer He then made questions Council a short presentation on three basic problems the planning staff had pointed out. 1. Traffic exiting from the site; this has been addressed by channeling the exit from Wendy's so the turn is in a east- erly direction only. 2. Internal circulation; a linking walk has been made to connect with the side walk on the interior of the plan. 3. A potential reduction in the quality of the P.U.D. from what was orginally planned for the site; the quality of shops desired were not found. More landscaping is included in this plan and the size of buildings has been reduced. Attorney Arthur March Jr. representing the owner of the property stated Council should be aware that the property has been sold and sold on the basis of preliminary approval by the previous Council. Councilman Wilmarth made a motion, seconded by Councilman Wil- kinson, to approve the Fairview P.U.D. Final, Phase 2. Yeas: Councilmembers Bowling, Kross, Reeves, Wilkinson and Wilmarth. ' Nays: Councilmembers Gray and St. Croix. THE MOTION CARRIED. Councilwoman Reeves requested that all items that have gone through preliminary approval and have not come back for final approval, come to the Council at a work session. Councilwoman Gray requested at the same work session that a resolution be made on Councilmembers voting their consensus on something that was approved by a previous Council. Council concurred in both of these recommendations. Ordinance Adopted on First Reading Amending the Zoning Ordinance Relating to Nonconforming, Use Following is the City Manager's memorandum on this item: "Council reviewed proposed changes to the nonconforming use ordinance at the April 24th Work Session. Based on comments from the meeting, the City Attorney staff prepared the attached Ordi- nance providing for three changes: ' 1. Any change of a nonconforming use, other than to a conforming use, shall require Planning and Zoning Board's review; -433- May 15, 1979 2. The period of time of abandonment of a nonconforming I use is changed from two (2) years to one (1) year; and 3. Any enlargement of a building containing a noncon- forming use shall require Planning and Zoning Board's review. At the present time, only enlargements in excess of 25% need City review. We are concerned that this proposed change which will require all enlargements to be reviewed by Planning and Zoning Board will add a considerable amount of work to the Board. An ac- ceptable alternative may be to set some percentage limit of expansion which would not require review. Staff recommends approval." City Attorney Liley stated after the work session, an amendment had been prepared; an item #3 of the City Manager's memorandum; there is a 25% enlargement which a property owner can do without Planning and Zoning approved. The Ordinance as written states "any enlargement" would have to go to the Planning and Zoning Board. Councilwoman Gray stated she preferred the ordinance as written, and if it is found to be a burden, it could be amended at a ' later date. Councilman Wilkinson agreed. Councilwoman Gray made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 57, 1979, on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkin- son and Wilmarth. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Amending the Zoning Ordinance to include Churches as an Authorized Use in the "B-L" Zoning District Following is the City Manager's memorandum on this item: "Although churches appear as an authorized use in all residen- tial zones and all other business zones of the Zoning Ordinance, they do not appear as an authorized use in the "B-L" zone. Staff recommended to the Planning and Zoning Board that churches be added as an authorized use to the "B-L" zone, that they con- form to specific setback and parking requirements as set forth in the "R-H" zone, and conform to landscaping requirements set ' forth in the "B-L" zone. The Planning and Zoning Board recommended approval at their May 7th meeting. Staff recommends approval." -434- May 15, 1979 ' Councilwoman Gray made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 58, 1979, on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Vacating a Utility Easement in Golden Meadows Business Park Following is the City Manager's memorandum on this item: "This is a vacation of a 20-foot utility easement on the south 10 feet of Lots 6 and 7 and north 10 feet of Lot 8, Golden Meadows Business Park. Currently the only utility existing in the easement is a telephone line. The owner is having this removed at his own expense. The reason for the vacation is that these three lots are being used jointly by the owner. Staff recommends approval." ' Councilman St. Croix made a motion, seconded by Councilman Wil- kinson, to adopt Ordinance No. 59, 1979, on second reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Tabled on First Reading Amending the Code and Providing for Appointment of two Alternate Members to the Building Contractors Licensing Board Ordinance Tabled on First Reading Amending the Code and Providing for Appointment of Two Alternate Members to the Building Board of Appeals City Attorney Liley requested tabling both Ordinance No. 62, 1979, and No. 63, 1979 which are companion Ordinances for re- visions. Councilman Wilkinson made a motion, seconded by Councilman St. -435- May 15, 1979 Croix, to table Ordinances No. 62, 1979 and Ordinance No. ' 63, 1979, to June 5, 1979. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Authorizing the City to Lease a City Park Building to Mountain Prairie Girl Scout Council Following is the City Manager's memorandum on this item: "For many years, the Fort Collins Girl Scouts have leased the one-story building located in City Park just inside the entrance to the ball fields next to the concession stand for the nomin- al fee of $1.00 per year. This lease is expiring and the new lease agreement provides for the following: 1. A 10-year lease renewal from May 1, 1979, to April 30, 1989. 2. The Girl Scout Council will make sure the structure conforms with safety and fire protection standards as ' required by the City Building Inspection Department. 3. The Girl Scout Council will expend at least $3,000 for renovation and repair with prior approval of the Parks and Recreation Department. 4. The City may reclaim possession upon 60-days notice to the Girl Scout Council, and the renovation monies will be refunded by percentage based on the year of termination. 5. The Girl Scout Council shall list the City as an additional insured on a public liability insurance policy in the following amounts: Liability - $100,000/individual $300,000/occurrence Property Damage- $25,000 and provide for any increases the City feels necessary. 6. The building shall be used only for recreational pur- poses for Girl Scouts in Fort Collins and the vicinity. -436- 1 May 15, 1979 ' 7. The building shall not be assigned or sublet without written consent of the City. The Girl Scouts have improved and taken good care of the build- ing in the past; therefore, staff recommends Council adopt the Resolution approving the lease agreement and authorize the Mayor and City Clerk to sign on behalf of the City." Ms. Mary Hizer, of the Girl Scout Council expressed the Council's appreciation to the City Council in this matter. Councilman Wilmarth inquired into the City's Liability Insurance limits. Assistant City Attorney Deagle responded by reciting the limits. Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: None. (Wilmarth abstained) THE MOTION CARRIED. Ordinance Adopted on First Reading ' Annexing Properties Known as the South College Properties Annexation Following is the City Manager's memorandum on this item: "This is a "super block" proposal to annex 190 acres located on the northeast corner of the intersection of South College Avenue and Harmony Road. Council has had several discussions on this annexation, the most recently being at the May 8th Work Session. For further review, attached is a copy of the County Commissioners' comments on this proposed annexation that was read at the Work Session. Again for clarification, approval of this annexation and suc- ceeding zoning and master plan item, in no way, gives approval for the Special Improvement District issue. If Council approves this annexation and zoning, then the Special Improvement District issue will come to Council at the Work Session on May 22nd prior to second and final reading approval of these ordinances on June 5th. Staff recommends approval." -437- May 15, 1979 Assistant City Manager Lanspery stated he wished to make a cor- rection to the City Manager's memorandum, in paragraph 3. The Special Improvement issue is listed as coming back to the Coun- cil on May 22: this item will probably come back on June 12 or June 22 and the final reading of this Ordinance and the zon- ing Ordinance is recommended to be July 3, 1979. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 44, 1979, on first reading. Yeas: Councilmembers Bowling, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: Councilwoman Gray. THE MOTION CARRIED. Ordinance Adopted on First Reading Zoning Properties Known as the South College Properties Annexation Following is the City Manager's memorandum on this item: "This Ordinance provides for the zoning of the South College Properties Annexation. The Planning and Zoning Board recommended the following: "H-B" - 26.3090 acres more or less "R-Pt' - 33.6746 acres more or less "R-M-P" - 19.8363 acres more or less (EXHIBIT "A") "B-P" - 82.8913 acres more or less This is in contrast to the Petitioners' request for: "H-B" - 58.2734 acres more or less "R-P" - 23.3527 acres more or less "R-M-P" - 19.8363 acres more or less (EXHIBIT "B") "B-P" - 61.2488 acres more or less The Petitioners submitted a revised zoning proposal in response to the comments of Council aired at the January 16 regular meet- ing and the February 27 Work Session. The zoning pattern is the same as originally petitioned; however, they would agree to the following conditions: 1 1. That any uses in the "H-B" and "B-P" zones would be permitted only as a part of a P.U.D. 2. That only residential uses be allowed in the "R-P" and "R-M-P" zoning districts.,, ' -438- May 15, 1979 3. That the following "B-P" uses on the 10.3 acre par- cel in the northeast corner of the intersection of John F. Kennedy and Harmony Road are not suitable and should not be allowed: a. Gas stations b. Supermarkets dnd grocery stores c. Hardware and paint stores d. Variety stores e. Sporting goods stores f. Drive-in restaurant q. Furniture stores h. Fast food restaurants i. Drugstores j. Gift shops k. Jewelry stores 1. Music stores m. Television sales n. Small animal veterinary hospitals o. Hotels and motels 4. That any "super block" planning area be master planned before any plat, site plan, or building permit is considered for that "super block." ' 5. That prior to any plat, site plan, or building permit for the entire 190 acre parcel is considered, a unified storm drainage plan for the area must be submitted and approved. On April 10, Council tabled this item until May 15 which would allow further discussion at the May 8th Work Session. At the May 8th Work Session, Council requested information on what would be included in the zoning contract for this site. Attached is a memo from the City Attorney which addresses this. Staff feels that the above -stated conditions would address the comments concerning zoning that City Council made in earlier sessions. Staff, therefore, recommends approval of the Petitioners' zoning request with the understanding that these conditions will be addressed in the zoning and annexation agreements which will be submitted to Council for approval before second reading of the annexation and zoning ordinances. 1 -439- May 15, 1979 Planning and Development Director, Chuck Mabry, presented slides of the area, summarized the negative issues, and posi- tive issues relating to this zoning petition, and the question of intensity of this proposal. Mr. Mabry also clarified that there are two proposed Ordinances Exhibit A is the Planning and Zoning Boards recommendation; Exhibit B is the staff's recommendation. Mr. Carr Bieker of ZVFK representing the petitioners spoke in support of the staff recommendation. Attorney Arthur March Jr. addressed the intensity in the residential use, and that none anticipate that Council has locked itself into approving the Special Improvement. Councilman St. Croix made a motion, seconded by Councilman Wil- kinson, to adopt Ordinance No. 45, 1979, on first reading, Ex- hibit B. Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to table Ordinance No. 45, 1979 on first reading. Yeas: Coun- cilmembers Gray and Reeves. Nays: Councilmembers Bowling, Kross, St. Croix, Wilkinson and Wilmarth. THE MOTION FAILED Mayor Bowling put the main motion with the following vote: , Yeas: Councilmembers Bowling, Kross, St. Croix, Wilkinson and Wilmarth. Nays: Councilmembers Gray and Reeves. THE MOTION CARRIED. Fort Collins -Loveland Corridor Area Plan Alternatives Following is the City Manager's memorandum on this item: "The Larimer County Commissioners have requested Council's re- sponse to their questions attached regarding the three alterna- tives of the Corridor Study. Curt Smith has a brief presentation of the Corridor Study pre- pared and will answer any questions Council has on the alterna- tives." Mr. Curt Smith presented a summary of the information included in the Growth Management Alternative Report, the various ques- tions that the County Commissioners posed to the City Council and added one additionalquestion, as follows: "Is the City , open to annexing land in the fringe area, as it develops at �440- May 15, 1979 ' urban intensity and under what conditions will they be willing to annex that land?" Mayor Bowling stated that at next weeks work session, Council will go into this in depth and answer the questions that the County Commissioners have asked. He further recommended that if Council had any questions, to call Curt Smith, prior to the work session. Financial Update on Open Space and Trails Program Following is a summary and the detailed breakdown on each ex- penditure item: OPEN SPACE AND TRAILS BUDGET SUMMARY, ACTUAL, AND PROJECTED 1974-1980 $2,350,000 Expenditure Item Amount % of Total Land Acquisition $1,006,142 42.8% Professional and Consultant Fees $ 34,054 1.4% Operation, Maintenance, and Reimbursement Charges $ 99,433 4.2% Trail Acquisition $ 667,408 28.5% Trail Construction $ 542,963 23.1% TOTAL $2,350,000 100.0% 1 -441- May 15, 1979 LAND ACQUISITION COSTS ' $1,006,142 42.8%, Year Expenditure Item Amount Description 1974 1/3 of Rolland Moore Park Site $ 96,721 22.56 acres 1974 Appraisals 5,720 Moore and Jungbluth 1975 Appraisals $ 3,300 Moore 1976 *Maxwell Property $ 47,000 40.23 acres 1976 **Pineridge Property 100,000 332.92 acres 1976 Survey and Legal 5,046 Stewart & March 1977 Maxwell Property 48,880 42.28 acres 1977 Riverbend Property 98,022 49.00 acres 1977 Fischer Property 44,000 11.73 acres 1977 Pineridge (1st installment) 130,939 -- 1977 Appraisal and Legal Fees 288 Moore and March 1978 Maxwell Property $ 50,760 38.34 acres 1978 Ross Property 19,499 10.73 acres ' 1978 Pineridge (2nd installment) 130,939 -- 1978 Title Insurance 400 Chicago Title 1979 Maxwell Property $ 52,640 32.54 acres 1979 Pineridge (3rd installment) 130,938 -- 1979 Title Insurance 160 Chicago Title 1980 Maxwell Property $ 40,890 14.42 acres TOTAL $1,006,142 NEW TOTAL 594.75 acres * Total cost for Maxwell Property - $240,170 ** Total cost for Pineridge Property - $492,817 -442- May 15, 1979 k 11 J Year 1975 1976 1977 1978 1979 1980 TOTAL OPERATION, MAINTENANCE, AND REIMBURSEMENT EXPENDITURES $99,433 4% Amount Description $ 73 Printed and slide materials $ 35 Miscellaneous $ 5,960 Paint, tools, printed material, and aerial photos $41,294 Reimburseable costs for the open space technician, intern, and civil engineer. An open space and trails vehicle was also purchased. $29,823 Reimburseable costs for Civil Engineer, survey crews, and mapping. $22,248 Reimburseable expenditures for civil engineer and other potential staff charges. $99,433 Year Amount 1975 $ 7,000 1976 $ 2,217 1977 $ 8,592 1978 $ 4,245 1979 $12,000 1980 -- TOTAL $34,054 PROFESSIONAL AND CONSULTANT FEES $34,054 1.4% Firm Colorado State University City of Fort Collins Bittinger and Associates Howard Needles, etc. Landaide, Inc. B. Smith Landaide, Inc. A. Richardson Description Management Plan on Lower Poudre River Survey Work Bike Tunnel Design Pineridge Hydrology Study Poudre Trail Easements Survey of Riverbend, Ross and Fischer properties Poudre River and Spring Creek Easements -443- May 15, 1979 Acting City Manager Lanspery reported on the summary and the ' detailed breakdown on each expenditure item. At the Conclu- sion of Council comments Assistant City Manager Lanspery stated "I guess what Council wants to see is some bid docu- ments and trail laid and costs, and we will do that at the next meeting." Mr. Jaak Vilms, 1500 Patton, spoke in support of the work done to date. No further action was taken on this item. Other Business (a). Jail agreement extension Following is a memorandum from Assistant City Attorney Deagle on this item: I would appreciate it if you would bring this up under Other Business on May 15: "For the past year, the City has had an inter- , governmental agreement with Larimer County concerning the municipal jail. Under the terms of that agreement, the County agrees to accept and house our prisoners at the Larimer County jail and to use our municipal jail as a temporary holding facility for juveniles. Both the City and the County have been pleased with the operation under the agreement - the County gets the space it needs for a juvenile facility and the City gets out of the jail business. That agreement has now expired. Originally, we were going to recommend it be extended for an additional two year period; however, the County has encountered some budgetary difficulties and is requesting that at this time we extend the agreement to August. Hopefully, this will give them sufficient time to square away this funding. Therefore, we request that by motion you extend the present agreement until August." -444- May 15, 1979 Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to approve the extension of the Jail Agreement with Larimer County to August 1, 1979. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wil- marth. Nays: None. THE MOTION CARRIED. (b). A letter from Chuck Mabry regarding Pay and Pack was read into the record: I have just completed a meeting with Mr. Peter W. Gallena, Vice President for Store Development for Pay N Pak Stores, Inc. A number of matters were discussed but the major one from my perspective concerned the color of the Pay N Pak store on South College. Mr. Gallena informed me that that is their standard design and color and that they would not change it regardless of what the City said. I informed him that the City had no authority that I was aware of to require a change of color because his development was not part of a P.U.D. I further informed him, however, of the negative comments we were receiving from people in the community and how people were concerned about the color of the building being out of character for the area. His reply was that they have received negative comments about the color in other communities but that people get over it and stop complaining after a while. I indicated to him that I felt that was an unfortunate attitude and that people in Fort Collins do not have very short memories. I also indicated to him that we would be informing all people who inquired, about his attitude and the reason why he refused to even consider changing the color of the building. Adjournment The meeting was adjourned at 9:20 P.M. r , ATTtar : City CC el rk�` -- -- -445-