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HomeMy WebLinkAboutMINUTES-06/05/1979-Regular' June 5, 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, June 5, 1979 at 5:30 p.m. in the Coun- cil Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Bowling, Gray, Kross, St. Croix and Wilkinson. Absent: None. (Secretary's Note: Councilwoman Reeves arrived at 5:35 p.m. and Councilman Wilmarth arrived at 6:15 p.m.) Staff Members Present: Arnold, Marlene Balok, Randy Balok, Bingman, Dallow, Deagle, Deibel, Don- ner, Kelly, Krajicek, Krempel, Lans- pery, Lee, Lewis, Liley, Mabry, McClure, Mills, Parsons, Ruggiero, Rupel, Curt Smith, Ralph Smith, Straayer, Taylor, ' Waldo,'Wood and Woods. Agenda Review: City Manager City Manager Arnold stated that item No. 23 (Fox Meadows Final Subdivision) is not ready and the staff would like to have it removed from the agenda. 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 Con- sent Calendar and considered separately. (The purpose of this calendar is to allow Council to spend its time and energy on more important items) The Consent Calendar presented was as follows: -446- n June 5, 1979 4. CONSENT CALENDAR ITEMS. A. Minutes of the May 1 Regular and Special Meeting and the May 15 I Regular Meeting. B. Second Readin of Ordinance No. 58 1979 Amend. the Zonin Ordinance to Inc ude hurches as an Authorized Use in the "B-L' This Ordinance passed unanimously at the May 15th Council meeting. This Ordinance would add churches as an authorized use in the "B-L" zone. This recommendation and Ordinance has been approved by the Planning and Zoning Board. C. Second Readin of Ordinance No. 59 1979 Vac Facpmpnt in fn aMeadows Business Park. This Ordinance passed unanimously on first reading at the May 15th Council meeting. This is a vacation of a 20-foot utility easement on the south ten feet of Lots 6 and 7 and the north ten feet of Lot A, Golden Meadows Business Park. D. Second Reading of Ordinance No. 60, 1979, Vacating a ub for a Plic Road. This Ordinance passed unanimously on first reading at the May 15th Council meeting. This Ordinance provides for two 15-foot by I 90-foot road easement vacations necessitated by a replat of Penthouse Subdivision. E. Second Reading of Ordrinae.nce No. 61, 1 Located on Riverside Div Ri This Ordinance passed unamiously on first reading at the May 15th Council meeting. Some time ago, the City Council passed an ord- inance vacating an old right-of-way for Riverside Drive south of Prospect. We have since learned that the new right-of-way in- correctly describes the property dedicated. In view of this, it is necessary to vacate the right-of-way acquired and obtain a new dedication. This Ordinance provides for that vacation. F. 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. -447- June S, 1979 ' 1. Right of way from Colorado & Southern Railway Company on Harmony Road to permit the installation of an electric duct bank. Consideration: $500 one time charge. 2.. Telephone cable right of way from Colorado & South- ern Railway Company located at Grant and Elm, to allow the installation of Northern Telecom telephone lines to the Service Center. Consideration: $500 one time charge. 3. Right of way from Arthur Irrigation Compnay in connection with the Spring Creek trunk sewer main project. Consideration: $250. 4. Grant easement from Nordic Construction Company for utility lines in Edora Acres P.U.D. Consideration: $10. 5. Agreement of sale and purchase with Elmer and Gertrude Schneider for property off Riverside Drive in connection with the Lemay Avenue Extension project. Consideration: $1,960. ' "6. Power line easement from Evergreen Park 2 to provide electric service to Evergreen Park. Consideration: $1. Staff recommends Council authorize the City Attorney to prepare such agreements and also authorize City Manager and City Clerk to execute the same. G. Cancellation of Regular June 19th Council Meeting. Due to the annual meeting of A.P.P.A. in Seattle, Washington, June 18-20, and Colorado Municipal League Annual Conference in Snowmass June 19-22, the regular June 19th meeting is cancelled. H. Resolution Authorizing an Com an for Custructioon lI ground ewer Pioe Line. This agreement is for the crossing of the Union Pacific Railroad with a sewer line to be installed by Everitt Enterprises on Drake Road just west of Timberline Road. -448- June 5, 1979 I. Resolution Changing a Street Name in Collindale I Subdivision. This is a City -initiated request to correct a street name dupli- cation. The Resolution changes "Northridge Place" to "Pinehurst Place" in the Collindale I Subdivision. J. Resolution Ur inq the United States Bureau of Reclamation to Com life Action on the Environments Im act Statement for the in y ap ransmountain Diversion Water Project. This Resolution urges the U.S. Bureau of Reclamation to complete their E.I.S. so work can proceed on the Windy Gap Transmountain Diversion Water Project. K. Ponderosa Park, Final P.U.D. This is a proposal for a 46-unit P.U.D. on 7.6 acres zoned "R-L," located on the east side of Ponderosa, south of Mulberry and north of Orchard extended. The preliminary plan was approved by the current Councilmembers. The ordinances presented for adoption on second reading were read by title by City Clerk Verna Lewis as follows: Item No. 4B Item No. 4C Item No. 4D Item No. 4E Second Reading of Ordinance No. 58, 1979, Amend- ing the Zoning Ordinance to Include Churches as an Authorized Use in the "B-L" Zoning District. Second Reading of Ordinance No. 59, 1979, Vacat- ing the Utility Easement in Golden Meadows Busi- ness Park. Second Reading of Ordinance No 60, 1979, Vacat- Road. Second Reading of Ordinance No. 61, 1979, Vacat- ing a Right -of -Way Located on Riverside Drive. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt and approve all items on the Consent Calendar. Yeas: Councilmembers Bowling, Gray, Kross, St. Croix and Wil- kinson. Nays: None. (Councilmembers Reeves and Wilmarth out of room). THE MOTION CARRIED. -449- 1 1 June 5, 1979 I Ordinance Adopted on Second Reading Amending the Zoning Ordinance Relating to Nonconforming Use Following is the City Manager's memorandum on this item: "This Ordinance passed unanimously on first reading at the May 15th Council meeting. It provides for three changes to the nonconforming use ordinance. 1. A� change of a nonconforming use other than to a conforming use shall require Planning and Zoning Board's review; 2. The period of time of abandonment of a nonconforming use is changed from two (2) years to one (1) year. 3. A= enlargement of a building containing a nonconform- ing use shall require Planning and Zoning Board's review. (At the present time only enlargements in excess of 25% needs City review.) Staff mentioned that they were concerned that Item No. 3 might cause an undue burden on Planning and Zoning Board's time. ' Staff will monitor nonconforming uses in the future and come back to Council if they find they are excessive. Also pertaining to No. 3 above where all expansions of such uses would be subject to approval by the Planning and Zoning Board, additionally, those expansions in excess of 25`/0 of the floor area would require a variance from the Zoning Board of Appeals. During the past week, some Councilmembers have indicated that the two tier review for expansions of nonconforming uses in excess of 25% of the floor area was not clear on first reading. To eliminate the need for the Zoning Board of Appeals to re- view expansions in excess of the 25% limit, a modification of the amended nonconforming use act has been prepared. This modification would still require Planning and Zoning Board's review and approval while eliminating the need for the Zoning Board of Appeals to consider any expansions. Staff feels this modification would eliminate any duplicative review of proposals. If Council wishes to amend this Ordinance on second reading, we have prepared an ordinance to make this change. Staff recom- mends Council consider the above issue and pass the appropriate ordinance. -450- June 5, 1979 Councilman Kross requested Council consider deleting the , two step process of appeal to both the Planning and Zoning Board and the Zoning Board of Appeals. Assistant City Attorney Ruggiero reviewed the proposed amend- ment which address appeal only to the Planning and Zoning Board. Councilman Wilkinson made a motion, seconded by Councilman Kross, to amend Ordinance No. 57, 1979 by deleting subsection "F" in Section 3, and reinserting the following subsection "F" in section 3: "F. Enlargement of a Building Containing a Noncon- forming Use. A proposal for the enlargement or extension of a building containing a nonconforming use shall be submitted to the Planning and Zoning Board which, after review, shall make a recommen- dation of either approval or denial of the pro- posed enlargement or extension to the City Coun- cil. In considering a proposed enlargement or extension, the Planning and Zoning Board shall make a finding as to whether or not the enlarge- ment or extension will adversely affect the surrounding property. For the purpose of review, the Planning and Zoning Board shall consider the ' following criteria: Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: None. (Councilman Wilmarth out of room). THE MOTION CARRIED Councilwoman Gray made a motion, seconded by Councilman Wil- kinson, to adopt Ordinance No. 57, 1979, as amended on second reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: None. (Councilman Wilmarth out of room). THE 140TION CARRIED. -451- 1 June 5, 1979 Ordinance Adopted on First Reading ' Amending the Code and Providing for First Reading of Non -Controversial Ordinances to be Placed on the Consen Following is the City Manager's memorandum on this item: "This Ordinance amends the Code to allow non -controversial ordinances (i.e. vacating ordinances) on first reading to be placed on the Consent Calendar portion of Regular Council Meeting agendas. In the past, only second readings of Ordi- nances could be placed on Consent. The same provision applies in that any Councilmember, citizen, interested party, or the administration may request that the item be removed from Consent and considered separately. The Consent Calendar's purpose is for several routine, non -con- troversial items to be passed with one motion rather than in- dividually which saves a considerable amount of time at each meeting. This Ordinance is consistent with that intent. Staff recommends approval." Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 64, 1979, on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wil- kinson. Nays: None. (Councilman Wilmarth out of room). THE MOTION CARRIED Ordinance Adopted on First Reading Amending the Code and Providing for .Appointment of Two Alternate Members the Building and Contractors Licensing Board Following is the City Manager's memorandum on this item "The Building and Contractors Licensing Board consists of five regular members. Often it is difficult to get a quorum for a meeting of the referenced Board and sometimes impossible. All members are active businessmen or are with the University and occasionally are not able to attend Board meetings. Bill Waldo, staff representative to the Board, proposed that we amend our ordinance to establish two alternate members to serve when regular members are absent which would help insure a quorum for all meetings. Bill presented this to the Board and they approved the recommendation. 1 -452- June 5, 1979 Council will appoint the two alternate members to the Board. I A side benefit to this procedure is the establishment of a trained source of individuals for permanent appointment to the Board when vacancies occur. Staff recommends approval." Councilman St. Croix made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 62, 1979, on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: None. (Councilman Wilmarth out of room). THE MOTION CARRIED. Ordinance Adopted on First Reading Amending the Code and Providing for Appointment of Two Alternate Members to the Building Board of Appeals Following is the City Manager's memorandum on this item: "This is a companion to the previous Ordinance in that it pro- vides for two alternate members to the Building Board of Appeals for the same reasons as outlined in the preceding memo. The Building Board of Appeals also consists of five regular ' members. The Board is in favor of adding two alternates in order to insure a quorum at all meetings. Council will appoint the alternate members to the Board. Staff recommends approval." Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 63, 1979, on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wil- kinson. Nays: None. (Councilman Wilmarth out of room). THE MOTION CARRIED. Ordinance Adopted on First Reading Amending Article IV of Chapter 54 Relating to the Collection and Removal of Garbage Following is the City Manager's memorandum on this item: -453- June 5, 1979 "At its March 20th Council meeting, Council approved certain changes on first reading to the City trash hauling and collec- tion regulation ordinance. These changes dealt with the place- ment of trash containers for pickup as well as suggesting amend- ments to the section of the Code dealing with the regulation of charges. At the April loth Council meeting, the ordinance was defeated on second reading. At that time, staff was directed to fur- ther investigate the P.U.C. governing rules and regulations for trash haulers. There was also some concern that in prior years, the City had in effect created a monopoly for trash haulers doing business in Fort Collins. A number of years ago, City Manager Tom Coffey through an ad- ministrative order asked that territories be defined for pri- vate trash haulers. This was accomplished; and in subsequent years, the Poudre Refuse Billing Service Corporation was created. Private haulers joined in this association to achieve centralized billing and referral service needs. At the present time, this organization serves as a coordinating entity for the provision of refuse service in the community. There are however no legal or binding agreements whereby a local private hauler must belong to the Poudre Refuse Billing Service Corporation. Franchises for the operation of a trash hauling service in the City are granted by the Public Utility Commission. For ' example, Hoffman Sanitation is a local hauler who is not a mem- ber of the Poudre Refuse Billing Service Corporation The proposed ordinance before you proposes a number of changes to the City's trash hauling collection ordinance. 1. It recognizes the fact that the Public Utilities Commission has the responsibility and authority to regulate trash haulers throughout the state. 2. It allows the trash haulers to enter into agreements with individual property owners for the type of ser- vice that they request and will be billed for appro- priately. The revised ordinance allows placement of trash containers at the curb; present regulations re- quire cans to be placed within five (5) feet of the house, but plastic bags may be placed at the curb. For example, under the new ordinance, a property owner could request curbside pickup of the garbage containers and thus be charged an appropriate monthly rate for that service. This type of service is presently not allowed for in the existing ordinances. The new ordinance does however contain a section which deals with the property owner's responsibility concerning the appearance of trash containers on private property or the ' public right-of-way including alleys. -454- June 5, 1979 The City Attorney's office has also investigated the legality ' of City regulation of trash hauling rates. The State Supreme Court has ruled that the P.U.C. has no authority to interfere with the City's exercise of "reasonable police and licensing powers." The question becomes one of whether or not the re- gulation of rates falls within the police power. Staff feels that reasonable rate regulation is an exercise of the police power and is thus permissible. However, the question is com- plex and probable cause for future litigation. Staff feels that the proposed ordinances is consistent with other City policies whereby the private sector is allowed to perform services without excessive governmental interference. It is felt that the P.U.C. regulations offer the avenues ne- cessary to control rates and that the property owner should be allowed to decide on which level of service, whether curb- side or at the house service, should be provided. We would like Council to try out this concept; and in the event that excessive litter becomes a problem, changes could be made at a future date to tighten the placement of containers through- out the city. The trash haulers are in support of the proposed ordinance and we recommend approval." The following persons spoke in support of the Ordinance John Elley, 436 North Roosevelt; A -I Trash Service. ' Jim Donnel, 1040 North Taft Hill Rd.; Donnel Disposal Systems. Councilwoman Gray made a motion, seconded by Councilman Wil- kinson, to adopt Ordinance No. 65, 1979, on first reading. Yeas: Councilmembers Bowling, Gray, Kross and Wilkinson. Nays: Councilmembers Reeves and St. Croix. (Councilman Wilmarth out of room). THE MOTION CARRIED. Ordinance Adopted on First Reading Adopting the Uniform Code for the Abatement of Dangerous Buildings Following is the City Manager's memorandum on this item: -455- June 5, 1979 "At the January 9 Work Session, staff presented to Council a ' request that the City adopt the Uniform Code for the Abatement of Dangerous Buildings, 1976 Edition, a companion code to the Un- iform Building Code. Council directed staff to come back with an ordinance. For review purposes, the central feature of the Code is that those Buildings - both residential and commercial - which are de- clared to be dangerous by the building official are deemed to be public nuisances which must be abated by: 1. Repair; 2. Rehabilitation; 3. Demolition; or 4. Removal. Because the Code is concerned solely with conditions or defects which endanger life, health, property, or safety of the public or building occupants, its authority stems from the "police power" of the City and is not subject to "grandfathering" based upon pre-existing conditions. One of the more significant aspects of the Code is its provi- sions for immediate and summary action in the event of an emer- gency. Section 404 provides for the posting of the following notice in the event of an emergency: "DO NOT ENTER, UNSAFE TO OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official City of " Since the prohibition is of a criminal nature, it may be enforced by the police without the need of obtaining a court order. The Code provides for a prompt appeal procedure before the Building Board of Appeals so the potential for abuse is minimal. From a legal point of view, an urgent need exists for the adop- tion of this Code. At present, we have no prompt mechanism to effectively secure compliance with building code requirements which relate to health and safety. Our only present recourse is to seek a District Court injunction - a procedure which has the tendency to bog down in legal technicalities with resulting delay. -456- June 5, 1979 Naturally, the authority granted by the Dangerous Building ' Code must be exercised with restraint and a sensitivity to the difficulties or impracticalities of making immediate repairs. Exercised in such a fashion, however, it has proven to be a valu- able and needed tool in those municipalities which have adopted it." Councilmembers inquired into the appeal process, the possibility of police power abuse by the City, and the need for this Ordi- nance. Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 66, 1979, on first reading. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix and Wilkinson. Nays: Councilman Kross. (Wilmarth out of room). THE MOTION CARRIED. Ordinance Adopted on First Reading Permitting the trustees of the Police, Fire, and General Employees' Pensions to Meet in Executive Sessions Following is the City Manager's memorandum on this item: "In processing applications for disability retirements and ' regular longevity retirements, the trustees of the different pensions (Police, Fire, and General Employees) occasionally have found it desirable to be able to meet in executive session with their attorney to discuss the ramifications of any parti- cular application. The attached Ordinance modifies Section 8-2 of the Code relating to open meetings and would permit the different pension boards to meet in executive session for the purpose of reviewing pension applications, medical records, personnel records and reports, and discussing pending as well as previously granted pensions with board attorneys. Staff recommends approval." Mayor Bowling reviewed the request. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 67, 1979, on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: None. (Councilman Wilmarth out of room). THE MOTION CARRIED -457- 1 June 5, 1979 Ordinance Adopted on First Reading Amending the Code Relating to Right - of -Way and Pavement Widths for Streets and Subdivisions Following is the City Manager's memorandum on this item: "At the May 8th Work Session, Council reviewed proposed stan- dard street width revisions and directed staff to come back with an ordinance providing for the recommended changes. Street right-of-way and pavement widths both existing (shown in parentheses) and proposed in this ordinance are as follows: Minimum Right -of- Pavement Classification Way Width (feet) Width (feet) Arterial Street 100 (100) 60 (60) Collector Street 62 ( 80) 44 (54) Local Street 54 ( 60) 36 (40) Places 50 ( 50) 32 (32) Marginal Access Streets 50 28 This Ordinance also provides for the following changes: 1. In the definition of "Streets," eliminates the word "major" from "major arterial streets" title to read simply "arterial streets." 2. In the definition of "Places," changes it to read ..."no Place shall provide access to more than 15 dwelling units," instead of ..."more than 11 lots." 3. Changes the requirements of easements to include storm drainage and to be approved by the City Engineer. Staff recommends approval." Councilwoman Gray made a motion, seconded by Councilwoman Reaves, to adopt Ordinance No. 68, 1979, on first reading. Yeas: CoUncilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: None. (Councilman Wilmarth out of room). THE MOTION CARRIED. June 5, 1979 Ordinance Adopted on First Reading ' Amending the Zoning Ordinance to Provide for Site Plan Review for Uses in the "I-L" District Following is the City Manager's memorandum on this item "This Ordinance amends the zoning code by requiring site plan review and approval by the Planning and Development Director of all uses in the "I-L" District. In the past, only some of the uses required site plan review and questions have arisen on this. This Ordinance provides consistency for all uses in this District. Staff recommends approval of this Ordinance on first reading." Councilwoman Gray made a motion, seconded by Councilman Wil- kinson, to adopt Ordinance No. 69, 1979 on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: None. (Councilman Wilmarth out of room). THE MOTION CARRIED. Sole Source Purchase of One ' Vermeer T-600C Trencher and Trailer Approved Following is.the City Manager's memorandum on this item: "According to City Charter and Ordinance, any sole source purchase greater than $10,000 must have Council's consent. We are asking Council for sole source.purchase approval of one Vermeer T-600C trencher and trailer for a total of $68,440.16 from Vermeer Sales and Service of Colorado Inc. This was nego- tiated downward from $76,652. This equipment is for the Light and Power Department and there is money budgeted. Light and Power, Equipment, and Purchasing Departments feel this purchase is justified because (1) a pre- sent T-600 Vermeer in service has proven to be extremely reliable, logging 3,000 working hours with negligible downtime, (2) the pro- posed T-600C is fully compatible with the concrete cutter presently in service and purchased for $26,783 in December, 1978, and (3) no other bidders have responded or are able to furnish this equip- ment. Staff recommends approval of this sole source purchase." -459- June 5, 1979 Purchasing Agent, Pete Dallow responded to Council inquires regarding specifications, catalog price and the reason for having compatibility between this piece of equipment and the rock cutter. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to approve the sole source purchase of one Vermeer T-600C trencher and trailer. Yeas: Councilmembers Bowling, Gray, Reeves and Wilkinson. Nays: Councilmembers Kross and St. Croix. (Councilman Wilmarth out of room). THE MOTION CARRIED. Resolution Adopted Approving Just Compensation for Community_ Development Block Grant Land Acquisitions Following is the City Manager's memorandum on this item: "During the program budget hearings last year, staff requested $50,000 to begin a land acquisition and redevelopment program to acquire undeveloped land for subsidized housing. The Council did not approve the funds but placed them in contingency to al- low staff time to develop an alternative approach. On February 20, Council approved transferring $50,000 from Contingency for establishing the land acquisition and redevelop- ment program. Appraisals have been made on two properties in accordance with land acquisition procedures. Federal law requires that we offer no less than the appraised price. The two properties are: Description Lot 14, Block 8 Buckingham Place Lot 13, Block 8 Buckingham Place Appraised Value $7,000 ($.86/sq.ft.) $6,500 ($.80/sq.ft.) Ron Mills, Right -of -[day Agent, and Jim Woods, Housing Redevelop- ment Director, have reviewed the appraisals. Plans for these two lots are for clearing the property and building a four-plex with financing help through Home Federal Savings and the Hous- ing Authority. This is consistent with the program approved by Council back in February. Staff recommends adoption." -460- June 5, 1979 Councilman Wilkinson made a motion, seconded by Councilwoman I Gray, to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: None. (Councilman Wilmarth abstained). THE MOTION CARRIED. Resolution Authorizing the City to Enter into an Agreement with the U.S. Department of Energy for an Electric and Hybrid Vehicle Demonstration Project Following is the City Manager's memorandum on this item: "The City was recently selected to participate in a cost sharing program with the Department of Energy for an electric vehicle demonstration project. The funding arrangements under the project are as follows: The Department of Energy will provide in the first year: $198,386 for the acquisition of 15 electric vehicles 28,870 for special charging equipment 7,600 for parts inventory I 4,500 for a public awareness program $239,356 Total The City's financial obligation over the four-year period will be: $139,173 for operation, maintenance, and depreciation expenses (including electric charges) 55,330 for vehicle data collection (value of mainstem and other special reporting) 30,782 for project management in -kind services $225,285 Total The 15 vehicles will be assigned to the following operations: 2 vehicles - Building Inspection Division 3 vehicles - Utility Meter Readers 1 vehicle - Equipment Division Parts Runner 1 vehicle - Fire Prevention Division 2 vehicles - Light and Power (Engineering and Meter and Service Divisions) 2 vehicles - Parks and Recreation (Parks Maintenance and Recreation Supervisor) 2 vehicles - Police Department (Detective Division) 1 vehicle - City Administration Staff 1 vehicle ' - Water and Sewer Meter Repairworkers 15 vehicles Total -461- June 5, 1979 The operation and maintenance costs for these vehicles will ' be borne by the user department. These costs are essentially trade-off expenditures which would have been expended on re- gular vehicles over the four-year period. Approximately ten vehicles will be replacement vehicles with the remaining five to address additional vehicle requirements (Parks and Recrea- tion, Police, and Fire). 1 The agreement calls for termination by either the City or the Department of Energy when both parties agree the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The terms of the ter- mination would have to be negotiated between the parties. Staff recommends adoption." Councilmembers inquired into the "depreciation" being entered as a "cost"; at the end of the four year period, who would own vehicles, the maintenance costs and the expected life of the vehicle. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: Councilman Wilmarth. THE MOTION CARRIED. Other Business (A). Councilwoman Gray reported that annually at the Colorado Municipal League Annual Meeting, nominations are made for Executive Board Members. Councilwoman Gray made a motion, seconded by Councilman Reeves, that the Fort Collins City Council, submit Earl Wilkinsons name to the Nominating Committee of the Colorado Municipal League, and instruct the administration to write the appropriate letters to be signed by the Mayor, with letters to the major Cities of the Colorado Municipal League. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. (B). Councilwoman Gray made a motion, seconded by Councilman St. Croix, to appoint Councilman Burt Kross to serve as alternate to the Larimer Weld Council of Governments. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. (Councilman Kross abstained). THE MOTION CARRIED. -462 June 5, 1979 (C). Councilman Wilkinson inquired if there was support I from the Council for concurring a District II meeting for input from all the cities, regarding the removal of the sales tax on food. Mayor Bowling requested this item be deferred until the report on Impact on Food Sales Tax is made, after the break. (D). Councilman Kross stated he would like to recognize some land owners and also a neighborhood that, in his opinion, has demonstrated civic interest and public support. This support was manifested in the donation of buildings to the fire department, for training purposes. The land owners who donated the buildings were: David Stephenson Tom Kahn David Shands Councilman Kross requested that a special letter from the City Council go out to the neighbors recognizing "this type of public spirit". (E). Mayor Bowling stated that on June 12 three to five hours of the Work Session will be devoted to receiving a report from the independent auditors on the Seven Year Capital ' Improvements Fund. Hearing no objection stated that the Work Session will convene at 11:30 a.m. (F). Ordinance Adopted on First Reading Appropriating Funds from Reserves on Hand in the Seven -Year Capital Improvements Fund for Expenditure During 1979 City Manager Arnold stated that Council needed to pass an appropriation ordinance to cover the costs of the inde- pendent: audie, in the amount of $22,300. City Clerk Verna Lewis read the Ordinance at length. Coun- cilman St. Croix reported that the Council would be re- ceiving the audit on June 12, a public hearing on this will be held on July 3. Councilman St. Croix made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 72, 1979 on first reading. Yeas: Councilmembers Bowling, Cray, Kross, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. -463- ' June 5, 19/9 Citizen Participation Mayor Bowling proclaimed the Month of June "National Recrea- tion and Parks Month". City Manager's Report (a). City Manager Arnold reported on a recent newspaper arti- cle on the Lincoln Community Center; adding that a com- plete report will be coming to Council in the very near future. Conversations with the Mayor indicate that City Council was aware that operating costs at the center would be hard to document. (b). The Manager called Council's attention to a news release on the Fast Attack Pumper for the Fire Department. (c). City Manager Arnold then reported on a problem on Fossil Creek relating to discharging wastewater effluent from Water Treatment Plant #2. ERT Ecology Consultants Inc. has been retained to work on the algae control problem. ERT is Councilman Kross's firm, and this declaration is made for the record. (d). City Manager Arnold reported that there has been a request made to the Planning and Development office for a bath house at 603 Lesser Drive. This area is zoned "C" Commer- cial, located in the middle of a residential area. The manager then reported that on the staff level, the admin- istration wants to initiate a zoning change, because of the feeling this is improper zoning and on the second level it is advertised to be a "Gay Rath House", and thirdly its "our information that establishments like that tend to attract organized crime kinds of activities". Fourthly the procedures the City has were violated as building permits were not obtained. The City Manager then outlined the steps to be taken in this issue. City Attorney Liley reported on the Ordinance which covers adult entertainment, and Mayor Bowling stated that adjacent owners should contact the State Legislature regarding state legislation covering these matters. (e). City Manager Arnold then reported that the outdoor pool is painted every year by some fraternal organization. This year, it was painted by the Overland Sertoma Club. 1 -464- June 5, 1979 (f). City Manager Arnold then reported on the City fuel ' supplies and that a more detailed report will be forth- coming. (g). The City Manager then reported on his trip to Europe, relating to new and future technology and practical opera- ting methods. Specifically how to cut costs of govern- ment and how to get private enterprises more involved in service delivery. (h). Mayor Bowling reemphasized the fact that Council was aware of the operating loss at the Lincoln Center. He also critized other areas in the newspaper article regarding the Lincoln Center. Council Members' Reports (a). Councilwoman Reeves reported on the Council of Governments workshop. Mainly concerning the 208 Water Quality Plan Management Report. What will be happening this year in the Larimer area and what the City will be doing on inter- governmental agreements between the different management and operating agencies. (b). Councilman Wilkinson reported what Platte River Power ' Authority is doing at Craig. (c). Councilman Bowling called Council's attention to National Cities Weekly, in which Councilwoman Gray's participation in a National League of Cities Committee meeting, was reported. Update on Impact of Food Sales Tax Director of Finance Ron Wood made an oral report to supplement the following written report: INFORMATION PROVIDED IN RESPONSE TO FINANCE COMMITTEE QUESTIONS 1. How much revenue is derived from sales tax on food in the General Fund? 1980 PROJECTED It sales tax produces $4,565,204 Sales tax on food produces 20% of total $ 913,040 -465 1 June 5, 1979 ' 2. What are the impacts on the General Fund if sales tax on food is eliminated? 1980 Projected Budget $14.8 million Revenue loss $ 1.0 million Net Budget $13.8 million The $14.8 million budget is the projected cost at present staffing levels. Growth creates additional staffing needs for the same level of service. Elimination of the sales tax on food, without provision for offsetting revenues would require reducing services by more than the $1 million direct loss in revenues. 3. What is the impact on property tax to offset the revenue loss from sales tax 1980 PROJECTED 1 mill produces $ 198,700 9.1 present mill levy $1,808,172 Increase mill levy by 5 mills from 9.1 mills to 14.1 mills $1,000,000 Councilman Wilkinson again inquired if Council saw need in con- vening a meeting of the District II cities to deal with this issue. Council concurred in this recommendation. -466- I) June 5, 1979 Resolution Accepting a Recommendation from I the Director of Public Works Regarding Initiation of a Consolidated Street Improvement District Following is the City Manager's memorandum on this item: "City staff has been preparing to initiate an improvement dis- trict to improve West Mulberry from Crestmore Place to a point approximately 375 feet west of Tyler Street. Also included in this district would be improvements on West Drake Road from York- town Drive to a point approximately 577 feet east of Yorktown Drive. Enclosed is the Engineer's report from Roy Bingman and Don Par- sons which shows the need for and cost breakdown of the proposed improvements. Also enclosed is the Notice setting the Public Hearing date for July 17th. No extended discussion is really necessary at this meeting since the hearing is the time when any interested pro- perty owners will appear and staff will go into detail then. However, staff will be present to answer any questions Council may have. Staff recommends that: 1. Council should adopt the first Resolution accepting ' the Director's of Public Works recommendation and directing the City Engineer to prepare the necessary information for formation of the district. 2. The City Engineer's report should be considered by the Council in response to the above noted resolution; and 3. Council should adopt the second resolution approving this report, making other preliminary decisions, and setting the date for a hearing." Director of Public Works, Roy A. Bingman, and City Engineer, Don Parsons, responded to Council inquires regarding design, the staff work and the completion schedule. City Attorney Liley responded to the legal question of the church (Foothills Uni- tarian) having to pay it's share of the improvements, in the affirmative. 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. ' -467 June 5, 1979 Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to accept the report of the City Engineer. Yeas: Councilmembers Bowling, Gray, Kross, Reeves. St. Croix, Wil- kinson and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Adopted Adopting the Report of the City Engineer, Determining the Cost of the Improvements and Setting the Hearing in Connection with Proposed Consolidated Street Improvement District No. 74 Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wil- marth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Relating to Flood Hazard Areas and Providing for Penalties for Violations of this Ordinance ' Following is the City Manager's memorandum on this item: "At the Work Session on May 22, Council considered this pro- posed ordinance setting forth regulations and enforcement re- lating to flood hazard areas. The City Attorney staff has revised the ordinance to incorporate all concerns expressed by Council at the Work Session. Doug Gore of the Flood Insurance Administration has reviewed the ordinance and finds it in compliance with their regulations. Staff recommends approval." Councilwoman Reeves inquired if the Storm Drainage Board would serve as the appeal Board since it was her understanding that the Board itself had recommended a separate appeal Board. City Attorney Liley responded that the staff had met with the chair- man of the Board and it had been agreed that for the time being it is recommended that the Storm Drainage Board be left in the ordinance with the understanding that this would be taken to the full Board and if there was a problem, the Ordinance could be amended on second reading. Councilwoman Reeves further pointed out a possible error on page 13. -468- 1 June 5, 1979 Councilman Kross expressed concern that a sequential process ' for obtaining permits is not in place. Councilman Kross made a motion, seconded by Councilman St. Croix, to amend the Ordinance by adding the following sen- tence, at the end of section 2. "Conditional Flood Plain Use Permits may be issued contingent upon receipt of other specifically identified federal, state or local government agency permits for approvals", and to correct page 13 by deleting the word "less" to "more" in section 52-5. A.2.a. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. The following persons spoke to the proposed ordinance: 1. Mr. Mel Johnson, property owners of the area affected by the ordinance, his concern was that the map was not entirely accurate. 2. Ms. Lou Stitzel, from Neighbor to.Neighbor. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 70, 1979, as amended on first reading. ' Yeas: Councilmembers Bowling, Gray, Kross, Reeves and St. Croix. Nays: Councilmembers Wilkinson and Wilmarth. THE MOTION CARRIED. Ordinance.Adopted on First Reading Amending the Code Giving Authority to the Storm Drainange Board to Con- sider Variances and Appeals Relating to Flood Hazard Areas Following is the City Manager's memorandum on this item: "This is a companion ordinance to the preceding ordinance relating to flood hazard areas. As discussed at the Work Session on May 22, this Ordinance would provide for the Storm Drainage Board to consider all variances and appeals of provisions of the Flood Hazard Or- dinance. Basically, this Ordinance provides that a person may appeal a decision of the Public Works Director by paying a docket fee �i y25 to appear before the Storm Drainage Board. This person 469 ' June 5, 1979 ' shall also have the right to appeal the Storm Drainage Board's decision to the Council. Staff recommends approval." Councilwoman Gray made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 71, 1979 on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves and St. Croix. Nays: Councilmembers Wilkinson and Wilmarth. THE MOTION CARRIED. Fox Meadows Final Withdrawn City Manager Arnold reported this item has been asked to be withdrawn. Lake Street Townhomes P.U.D. Final Approved Following is the City Manager's memorandum on this item: "This preliminary plan was approved by Council prior to the new Council members' appointment. ' This is a proposal for a 20-unit townhome P.U.D. on 3.27 acres zoned "R-L," located south of West Lake Street and east of Shields Street. The applicant is Lake Street Enterprises in care of Les Kaplan. Planning staff recommended denial of the preliminary plan to the Planning and Zoning Board for the following reasons: 1. The plan as submitted did not meet the requirements for proper preliminary plat review; 2. The plan appeared to be deficient in terms of active open space as defined in the P.U.D. regulations; 3. The preliminary plat showed a 28' private street con- necting with the existing Sumner Street, traversing the property, and ultimately intersecting Lake Street on the north. Staff expressed concern that this pri- vate street, as proposed, would eventually become a "shortcut" by those desiring to avoid the Lake Street/ Shields intersection. Staff suggested that the in- terior street system be designed in order to discourage through traffic. -470- June 5, 1979 Subsequent to the preparation of the staff report but prior to the Planning and Zoning Board meeting, staff met with peti- tioners to discuss staff objections to the site and to develop possible solutions. The outcome of this meeting was a revised preliminary plan agreed on by both parties. At their January 8th meeting, the Planning and Zoning Board unanimously recommended approval of the revised preliminary plan which adequately responded to staff's initial objections. Council unanimously approved the preliminary on February 6. Staff recommends approval of the final plan." Curt Smith spoke to the location of the street running through the property, which is recommended to be a private street. Mr. Les Kaplan stated the developer is satisfied with having a private street on the property, their preference is to have it as a public street. Councilmembers considered the safety aspects of this particular street and general street design standards. Councilman Kross made a motion, seconded by Councilman Wilkin- son, to approve the Lake Street Townhomes P.U.D. with the pri- vate street. Councilwoman Gray made a motion, seconded by Councilman Wil- ' marth to amend the motion to include a special condition that all the legal language be cleaned up in such a way that we (City Council) have an absolute outright guarantee that the Homeowners Association, or the developer, or whoever inherits this private street will indeed maintain it, and that the re- sponsibility will not fall on the City. Yeas: Councilmembers Gray, Kross, Reeves, Wilkinson and Wilmarth. Nays: Council - members Bowling and St. Croix. CHE MOTION CARRIED lh vor Bowling then put: the motion as amended: Yeas: Councilmembers.Kross, Wilkinson and Wilmarth. Nays: Councilmembers Bowling, Gray, Reeves and St. Croix. Mayor Bowling declared the motion defeated. Councilmembers St. Croix made a motion, seconded Councilman iilkinson, to accept the Lake Street Townhomes P.U.D. Final Subdivision with establishment of a public street. -471- 1 June 5, 1979 Planning and Development Director, Chuck Mabry, stated this ' is one of the few areas within the City where a public street runs into a development, and because of what has taken place on East of the development, there is no way to ideally con- nect that public street to another public street. Consequently, because of this circumstances the City and the developer have been working on this question for five to six months. The City inadvertently gave the developer some direction on the basis of which the developer took some planning, invested some money, and came back to the City with a proposal. The City rejected the proposal and the developer had to redo the project again. Mr. Mabry then suggested Council consider four proposals: 1. If Council desires a public street, Council could consider a variance of certain requirements i.e. a variance of the street radius, 2. to change the entrance on to Lake Street to make it a local Street entrance on to a street, 3. to require the developer to modify the parking area and 4. Give the staff authority to review and approve the changes. ' Councilman St. Croix made a motion, seconded by Councilman Wilkinson, to clarify his motion as follows: That City Coun- cil approve the Lake Street Townhomes P.U.D. Final with a variance of the street radius; that staff work with the de- veloper on the modification of the parking area and that the street entrance problem be solved. Yeas: Councilmembers Bowl- ing, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: Councilmember Wilmarth. THE MOTION CARRIED. Cunningham Corner P.U.D., Final Approved Following is the City Manager's memorandum on this item: -472- June 5, 1979 "The preliminary plan was approved by Council prior to the ' new Council members' appointment. This is a proposal for a mixed -use development consisting of patio and garden homes, condos, and commercial development on 40 acres zoned "H-B" and "R-P," located at the northeast corner of Horsetooth Road and Shields Street. The applicant is Richard Ellerby. This 40-acre site was annexed in September of 1977 and zoned "T" Transition. Zoning for the site was approved by the Coun- cil in February of 1978 with 12.4 acres of "H-B" zoning on the corner of Shields and Horsetooth and 26.8 acres of "R-P" to the rest of the site. The conditions on the use of the "H-B" zoned parcel pertained to the limitations of uses to those of ri regional recreational complex with accessory use. (See Map M The land use breakdown is as follows: 1. H-B zoned area Use: 473,667 sq. ft. (10.87 A.) gross area 91,600 sq. ft. recreational and accessory uses Coverage: 19.34%- 91,600 sq. ft. buildings 42.74%-202,453 sq. ft. parking, drives and some , miscellaneous paving 37.92%-179,614 sq. ft. "open" space (46,500 sq. ft. active, 8.6%) 382 parking spaces (includes 7 handicapped spaces) ! -i' 7nnrd ar�•a I,i:: 1,112,621 sq. ft. (25.542 A.) gross (892,328 sq. ft. net) 2 or 3 bedroom patio homes (18) 3 bedroom patio homes (20) 2 or 3 bedroom town homes (42) 3 bedroom town homes (20) 2 bedroom condominiums (79) 3 bedroom condominiums (12) 191 total dwelling units 7.2 units/acre residential density 219,300 sq. ft. total residential floor area -473- 1 June 5, 1979 ' 7,800 sq. ft. total commercial area (neighborhood convenience center) Coverage: 18.95% - 210,772 sq. ft. building coverage 9.86% - 109,737 sq. ft. parking and driveway 19.80% - 220,299 sq. ft. public street R.O.W. 51.39% - 571,819 sq. ft. open space (206,971 sq. ft., 17.72% active open space) Parking Spaces: 200 patio and town homes (100 units) 154 condominiums 39 neighborhood convenience (future) The planning staff initially recommended denial of the preliminary plan of Cunningham Corners P.U.D., indicating that there existed significant problems with the plan's layout, and that the plan would be improved by reworking the commercial area and the distribution of open space. The preliminary site plan of this 39-acre site was first considered by the Planning and Zoning Board at its meeting of November 6, 1978. The Board continued its hearing on the proposal at the November 20th Special Meet- ing. At that time, the Board voted 4-2 in favor of the preliminary plan. This approval was subject to the following conditions being met: 1. That traffic circulation be improved on the site; 2. Additional open space should be provided in the apart- ment/condominium area; 3. That the final site plans be submitted for the Planning and Zoning Board's review. After the November 20th Planning and Zoning Board meeting and prior to the item being reviewed by Council, the petitioner revised the preliminary plan in order to reflect the above concerns which were voiced by the Planninq and Zoning Board. The major changes to this revised preliminary plan include: 1. The consolidation of two buildings along Horsetooth Road into a single 13,000 square foot building adjacent to the other principal uses on the site; 2. The provision of additional active recreation areas adjacent to the condominium buildings at the southeast portion of the site. -474- June 5, 1979 Council voted 6-1 to approve the preliminary plan of Cunningham Corners ' P.U.D. on December 19, 1978, with final plan review by the Planning and Zoning Board. The final site plan for this project was brought back to the Planning and Zoning Board on April 19; and the Board recommended approval of the final site plan subject to the following: 1. If the required final engineering requires a major site plan redesign, then the redesigned final site plan will come back to the Planning and Zoning Board; 2. The final landscape plan be approved by staff prior to the final site plan being submitted to the City Council. 3. Final engineering has been completed requiring no major redesign and the landscape plan has been approved. Petitioners are requesting final approval for the patio and garden homes, condominiums, and recreational complex of Cunningham Corners P.U.D. The areas of the miniature golf course and the neighborhood convenience center have been deleted from this final submission. When definite proposals are known for these areas, they will be brought back to the Planning and Zoning Board for final site plan review. (See Map N2) As all conditions imposed at the preliminary plan stage and at the Planning ' and Zoning Board's final review have been satisfactorily met on the final plan, staff recommends approval of the Cunningham Corners P.U.D., final plan. Curt Smith, Chief Planner, identified the area in question, and responded to Council inquiries regarding the assurances Council has on what will be built on the site. Mr. Dick Ellerby, representing the applicants, spoke to the phas- ing of the project. Councilman ldilmarth stated that because of his interests in a commercial enterprise similar to one that is planned, he did not intend to vote on this issue. Councilman Kross made a motion, seconded by Councilwoman Reeves, to approve the Cunningham Corner P.U.D. Final. Yeas: Council - members Bowling, Gray, Kross, Reeves, St. Croix and Wilkin- son. Nays: None. (ldilmarth did not vote) THE MOTION CARRIED. -475 1 June 5, 1979 Trail West Preliminary P.U.D. Approved ' Following is the City Manager's memorandum on this item: This is a preliminary proposal for a 202-unit P.U.D. on 18.4 acres zoned "R-L-M", located west of Overland Trail and Stuart Street extended. The applicant is Jim Scavo. In June of 1978 City Council approved a final subdivision plat of this area which depicts 50 lots which would allow 178-196 dwelling units at a maximum density of 10.6 units per acre. All buildings were to be four-plexes. This change to a P.U.D. includes 202 total dwelling units with 10 sixplexes, 12 duplexes and 130 townhouses. The new plan retains the approved utility plans almost in entirety. The applicant felt this to be a better looking plan than straight four-plexes. On May 7 the Planning and Zoning Board reviewed this proposal and unanimously voted for approval subject to the following conditions: 1. Need bike lane on Stuart Street and a bike path on Overland Trail; ' 2. Lory Ann Drive is a duplicate street name which will have to be corrected; 3. There are several easements on the property not con- sidered; 4. Building setback along the perimeter may be insufficient and need to be corrected; 5. Setbacks for the parking areas adjacent to the property line are inadequate to properly buffer the parking areas from abutting residences; 6. The provision for the trash area is inadequate. These areas must receive adequate screening. All trash areas need to be included in the final landscape plans; 7. The Engineering Department will require revised drain- age information; 8. Updated utility plans are to be resubmitted;, 9. The property lines for the dwelling units south of stuart Street and on the east side extend to the bound- ary of the development. ' - 476- June 5, 1979 10. The six-plex units will require common wall construc- tion which will divide the units into two three- plexes; 11. That additional landscaping and landscaped islands be added to condo parking lot area; 12. That pedestrian paths be installed into the central open space area from the south, east, and west; 13. That prior to City Council review of the preliminary plan, a revised prelminary plan be submitted and/or a letter agreeing to the conditions. The applicant has submitted a letter agreeing to satisfy all conditions. Staff recommends approval." Curt Smith, Chief Planner, identified the area and stated that the applicant has submitted a letter indicating their willingness to comply with all the conditions imposed. Councilman St. Croix made a motion, seconded by Councilwoman Reeves, to approve the Trail West Preliminary P.U.D. Yeas: Councilmembers Bowling, Kress, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: Councilwoman Gray. ' THE MOTION CARRIED. Sunspot Preliminary P.U.D. Approved Following is the City Manager's memorandum on this item "This is a proposal for a 114-unit P.U.D. on 21.5 acres zoned "R-L" and "R-P," located on West Prospect between Shields and Taft Hill Road. The applicant is Dr. Robert T. Smith. This P.U.D. consists of one existing single-family residence, 102 townhouse units, 12 patio homes, and 12.78 acres of open space and local streets. At their April 9 meeting, the Planning and Zoning Board re- commended approval of the preliminary plan subject to the fol- lowing conditions which also addressed Planning staff's concerns: 1. That a paved link between the parking lot in the south- west corner of the development and the adjacent street be provided; -477- 1 June 5, 1979 ' 2. That additional sidewalks be shown per direction by staff; 3. That the cul de sacs provide for proper radii for emergency vehicle and cleaning vehicle turning movement; 4. That there be a minimum of 150' between center lines of the parking lot and Prospect Street; 5. That an additional access point be provided to the east; 6. That the R.O.W. width be revised to the current accepted standard; 7. That additional berming and landscaping be provided on the final plans; o. That modification in the parking plan be provided to assure the safe movement of vehicles per staff direc- tion; 9. That special emphasis in the final plat stages be upon resolution of the storm drainage problem. 10. The property must be designed so as to accommodate storm water in the form of detention areas being generated on site plus providing for detention and/or unobstructed passage of storm water from offsite sources. The petitioner should provide evidence to justify its adequacy. The developer has submitted a revised preliminary plan that addresses all of the conditions including the storm drainage problem. One of the major design objectives of the Sunspot Planned Unit Development is to make "maximum use of the sun" through the use of passive solar techniques. For instance, proper lot orientation to the south will insure maximum solar exposure for heating in the winter and generally reduced energy use for cooling in the summer. Without this understanding, lots would have been predominantly oriented east -west as they are in most of the other subdivisions in this community. Landscaping and fencing have been planned to provide for maximum shading in the summer and as a barrier to cold winds in the winter. Traditionally, landscaping has been designed for minimum maintenance rather than for its potential benefits. 1 -478- June 5, 1979 Finally, one of the most important elements of the plan is the proposed ' energy conserving townhouse and garden home units. The exterior elevations of each of the units are direct expressions of the solar concepts. Tall windows in the south will collect the winter sun. Limited glazing on the north reduces winter cold infiltration and summer heat gain. In addition, the placement of the primary living areas along the south wall provide more light and heat than rooms in the northern side of the unit. Finally, greenhouses and atriums will provide additional passive solar heating. The staff is currently working with the developers to maximize the energy efficiency of the living units. The developers should be commended for their forethought and initiative to propose this innovative development. The project should serve as a model development that demonstrates that energy conserving design concepts can be successfully applied and is a viable alternative to traditional subdivision design. Hopefully, other developers/builders will be encouraged by this example to implement similar ideas. Staff recommends approval of this preliminary P.U.D. " Mr. Curt Smith, Chief Planner, mentioned the passive solar characteristics of this project. Councilwoman Gray stated she had received a call from a per- ' son who was opposed to this P.U.D., due to the density. Mr. Bob Sutter, representing the owner, stated he would answer questions. The following persons spoke in opposition to the P.U.D.: 1. Elaine Parry, Ridgewood Road. 2. Mack McCaffrey, 1720 W. Prospect. 3. Mr. Sanford Thayer, 1827 Michael Lane, member of the Storm Drainage Board. Their concerns were density, ground water levels, ingress and egress. Public Works Director, Roy A. Bingman, and City Engineer, Don Parsons, spoke to offsite drainage and ground water tables. Mr. Milo Bunker, property owner to the east of this property, stated he saw no problem with drainage to the east. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to approve the Sunspot Preliminary P.U.D. -479- 1 June 5, 1979 Councilwoman Reeves made a motion, seconded by Councilman ' Wilmarth, to table this so that both the water table drainage and street configuration to the east can be considered. Yeas: Counci.1members Reeves and Wilmarth. Nays: Councilmembers Bowling, Gray, Kross, St. Croix and Wilkinson. THE MOTION WAS DEFEATED. Mayor Bowling put the pending motion with the following vote. Yeas: Councilmembers Bowling, Gray, Kross, St. Croix, Wil- kinson and Wilmarth. Nays: Councilwoman Reeves. THE MOTION CARRIED. Cedar Village, 5th Filing, Phase I, Preliminary Subdivision Following is the City Manager's memorandum on this item "This is a preliminary proposal for a 66-lot single-family subdivision on approximately 17 acres, zoned "R-L-P" located south of Drake Road and west of Shields Street. The applicant is Miller Properties. This 5th filing represents a logical extension of the approved ' Cedar Village Subdivision and provides for the extension of West Swallow Road to the City limits, with a possible connec- tion through Heineman Subdivision in the County to Taft Hill Road. Swallow Road will provide additional eastwest access between Drake and Horsetooth Roads. On May 7, Planning and Zoning Board members voted unanimously for approval. Staff recommends approval." Councilman St. Croix made a motion, seconded by Councilman Wilkinson, to approve the Cedar Village, 5th Filing, Phase I, Preliminary Subdivision. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays None. THE MOTION CARRIED. June 5, 1979 Other Business ' Following is the memorandum from Director of Public Works: Proposed Storm Sewer Improvement District McClelland Drive I. Property owners, represented by Reid Rosenthal, propose shortening the improvement district process by waiving the notification and public hearing requirements. II. Timetable would then be 1. July 3, 1979 - Engineering report to Council - Waiver signed by property owners - Adoption of Ordinance for District on first reading 2. July 17, 1979 - Second reading of Ordinance 3. Improvement District Bonds - 60 to 90 day process to sell bonds - Funds for district available about October 1, 1979 ' III. If City Council approves of this procedure, Mr. Rosenthal requests that Kehn Construction be authorized to proceed with the storm sewer installation after final approval of the district. Mr. Rosenthal will guarantee payment to the contractor until funds are available under the improvement district. City Attorney Liley reported on the McClelland Drive intercepter Storm Sewer, which Council had indicated approval of the forma- tion of a District. This hearing was done at a work session: It is proposed as a 100% voluntary district on the part of the property owners with no cost to the City. She then requested the authority to change procedures on improvements districts on this particular district and allow the property owners to waive some of the requirements. This would shorten the time frame by approximately 60 days. Council took no formal action on this item but concurred in the requested procedure. -481- June 5, 1979 ' Adjournment 'I'lic mcctinp, was :jdjuurned at 10:20 p.m. Mayvf ATTEST: 1 -482