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HomeMy WebLinkAboutMINUTES-01/05/1988-RegularJanuary 5, 1988 ' COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, January 5, 1988, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Staff Members Present: Burkett, Huisjen, Krajicek Citizen Participation Proclamation of Support for the INF Treaty was forwarded to the appropriate persons. Agenda Review: City Manager City Manager Burkett stated staff was withdrawing Item #12, Hearing and First Reading of Ordinance No. 5, 1988, Repealing and Reenacting Section 24-91 of the Code of the City of Fort Collins, for further staff review and requested input from the Council on the item. Councilmember Stoner requested Item #17, Resolution 88-4 Authorizing the City Manager to Enter into a Professional Services Agreement with Allen, Gibbs & Houlik to Provide an Independent Review and Analysis of the City's Current SID Policies, be removed from the Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Items #21 and #27, Pulled Consent Items, except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled by staff or Council. These items will be discussed immediately following the Consent Calendar. -341- January 5, 1988 5. Second Reading of Ordinance No 192 1987 Amending Chapter 25 of the ' Code of the City of Fort Collins Relating to Sales and Use Taxes This Ordinance, which was unanimously adopted on First Reading on December 15, contains several amendments to Article III of Chapter 25 of the Code of the City of Fort Collins relating to sales and use taxes. This Article was revised in its entirety in the fall of 1986. Since that time, staff has determined that the proposed changes are either required by recent changes in state law or would be appropriate for purposes of clarifying the application of the sales and use tax and insuring the enforceability of the same. 21 7. M This Ordinance, which was unanimously adopted on First Reading on December 15, revises the Code provisions pertaining to the reallocation of assessments in order to permit the City to initiate its own reallocations, if necessary, whenever district properties are subdivided. Such reallocation is necessary to assist the County in properly assessing the subdivided parcels. This Ordinance, which was unanimously adopted on First Reading on December 15, would permit the expansion, with certain conditions, of the geographic boundary of an SID after improvements have been made and assessments levied on properties within the SID. This Ordinance, which was unanimously adopted on First Reading on December 15, is needed to apply for the transfer of 2,814 acre-foot units of Colorado -Big Thompson (CBT) Project water held by Fort Collins under Temporary Use Permits to a permanent Class B Contract. The Northern Colorado Water Conservancy District (NCWCD) requires that Temporary Use Permits be converted to a permanent Class B Contract every few years. The transfer to a permanent allotment contract will have no effect on the City's ownership of the water or the assessments paid to the District. Second Reading of Ordinance No 198 1987 Adopting the 1988 Pay Plan Each year the City Council adopts the pay plan which sets the salaries of City employees. This plan -'is designed to meet the Council's goal of rewarding employee performance and remaining competitive in the ' -342- January 5, 1988 1 10. labor market. This Ordinance, which was unanimously adopted on First Reading on December 15, adopts the 1988 Pay Plan. This is a request to rezone approximately 31.29 acres located east of South Shields Street and north of the Larimer No. 2 Canal, from the T-Transitional Zoning District to the R-P, Planned Residential, Zoning District. The property is presently undeveloped. APPLICANTS: Vaught -Frye Architects P.C. 2900 S. College Avenue Fort Collins, CO 80525 OWNERS: CSU Research Foundation P.O. Box 483 Fort Collins, CO 80522 A. Hearing and First Reading of Ordinance No. 2, 1988, Amending Chapter 29 of the Code Relating to Vested Property Rights. Hearing and First Reading of Ordinance No. 3, 1988, Amending Chapter 29 of the Code Relating to Zoning Regulations. C. Hearing and First Reading of Section 2-353(4) of the Code Planning and Zoning Board. Ordinance No. 4, 1988, Amending Relating to the Functions of the Recent changes to the State legislation have made it necessary that new vested property rights provisions be adopted by the City. Staff has also been reviewing the performance of the Land Development Guidance System (LDGS), Zoning and Subdivision Codes and have identified a number of improvements which are needed to clarify existing regulations and add requirements which will make these ordinances more effective. Most of the changes are minor and/or "housekeeping" in nature and are intended to implement existing interpretations and/or correct known problem areas in the Code. The Planning and Zoning Board has reviewed the changes and has recommended adoption with some minor modifications. The Board's recommended changes have been incorporated into the proposed ordinances. -343- January 5, 1988 12. 13. The existing Code requires that new arterial and collector streets be named from a list of distinguished citizens' names approved by City Council. The proposed ordinance would allow the option of other street names to be used but would require all street names, including the names of local streets, to be approved by the Planning and Zoning Board. This will allow the process of street naming to proceed in a more efficient manner. The improvements in the district were accepted by the Council on December 1, 1987. Notice of the assessment has been published and mailed to the affected property owners. This ordinance is the final step in the closeout of the district. 14. Items Relating to the Establishment of a Self -Insurance Program and Fund. A. Resolution 88-1 Establishing a Self -Insurance Program and a Self -Insurance Fund. 15. Hearing and First Reading of Ordinance No. 7, 1988, Creating a Self -Insurance Fund and Transferring Monies for Appropriation. The City has investigated the available insurance alternatives. After evaluating these alternatives, the City has chosen to self insure up to certain limits. The resolution and ordinance permit the City to self insure and authorize a self insurance fund that will cover claims up to the governmental immunity limits of $150,000 per person and $400,000 per occurrence. This resolution approves an agreement with the Union Pacific Railroad for the installation of railroad crossing improvements on East Drake Road. These improvements will include signals with gates and rubberized crossing material. The total cost of the improvements is estimated at $130,205 of which the City will pay an estimated $46,101 from the Railroad Crossing Improvement Program. The remainder will be paid by the Union Pacific and the PUC. The project appears to be well within budget. The City's share of the signals was much less than budgeted. The project will be completed in 1988. -344- January 5, 1988 16. Resolution 88-3 Authorizing the Execution of a Supplemental Lease Agreement with the Union Pacific Railroad Company for a Portion of the Jefferson Street Parking Lot and of the Jefferson Street Linden Street Mini -Park. This Resolution authorizes the City Manager to execute a supplemental lease agreement with the Union Pacific Railroad Company extending the term of the lease agreement relating to a portion of the Jefferson Street parking lot and of the Jefferson Street -Linden Street Mini -Park. 17. The City Council requested that an independent review of the City's SID policies be conducted and the results be provided to the Council in February of 1988. Mr. Mark Dick of Allen, Gibbs & Houlik of Wichita, Kansas has reviewed the scope of the project and determined that he can accomplish the work and meet the proposed timetable for a fee of $20,000 plus out-of-pocket expenses, total not to exceed $25,000. on 1 the Status of Women. An alternate position is currently vacant on the Commission on the Status of Women due to the resignation of Patricia Connor Young. The Council liaison has reviewed the applications on file. 19. In keeping with Counci1's policy, the recommendation for this appointment was announced at the December 15 meeting. The appointment was tabled to allow time for public input. The prospective appointee is: Beth Ann Smith, Alternate On October 6, Council adopted a resolution creating the CHOICES 95 Capital Improvements Advisory Committees. Council believes that these committees will communicate the concerns of the community and advise the Council on important capital needs for the City. In keeping with Council's policy, the recommendations for these appointments were announced at the,December 22 adjourned meeting. The appointments were tabled for two weeks to allow time for public input. -345- January 5, 1988 20. Routine Deeds and Easements ' a. Storm drainage easement from Gerald and Elizabeth Dusbabek. Consideration. $6,500. b. Powerline easement from the City of Fort Collins to Platte River Power Authority at the Transfort Bus Service Facility. Consideration: $1. c. Nine Deeds of Easement from CSU Research Foundation and Everitt Enterprises relating to the Centre for Advanced Technology Special Improvement District No. 90. Consideration: $1 each. d. Easement from the City of Fort Collins to Poudre R-1 School District for access across Westfield Park. Consideration: Exchange of parking for park users for school access easement. e. Storm drainage easement from Robert R. and June C. Baker for the Greenbriar Outfall Storm Sewer. Consideration: $3,126.20. f. Powerline easement from Fred R. and Dorothy L. McClanahan at 5001 South College Avenue. Consideration: $2,700. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Second Readin of Ordinance No. 192 1987 Am ding Chapter 25 of the Code of the Cit of Fort Collins Relating to Sales and Use Taxes. Item #6. Second Reading of Ordinance No. 193 1987 Amendin Section 22-99 of the Code of the Cit of Fort Collins Relatingto Reallocation of Assessments for S ecial Improvement Districts. Item #7. Second Readin of Ordinance No. 194 1987 Amending Section 22-38 of the Code Relating to Changes in Local Public Improvement Districts. Item #8. Item #9. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #10. -346- January 5, 1988 ' RE dE Item #11. A. B. C. Item #12. He Re Item #13. Item #14. B. priatiin. Councilmember Maxey made a motion, seconded by Councilmember Kirkpatrick, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 88-4 Authorizing the City Manager to Enter into a Professional Services Agreement with Allen, Gibbs & Houlik to Provide an Independent Review and Analysis of the City's Current SID Policies Denied Following is staff's memorandum on this item: "Financial Impact The fee, not to exceed $25,000, for these professional services will be paid from the City Manager's contingency fund and will not impact vital City services. Executive Summary The City Council requested that an independent review of the City's SID policies be conducted and the results be provided to the Council in February of 1988. Mr. Mark Dick of Allen, Gibbs & Houlik of Wichita, -347- January 5, 1988 Kansas has reviewed the scope of the project and determined that he can accomplish the work and meet the proposed timetable for a fee of $20,000 I plus out-of-pocket expenses, total not to exceed S25,000. Background On December 15, 1987, the City Council drafted a schedule for the review of the City's SID policies. The Council also requested that the City's independent auditors, Peat, Marwick, Main & Co., review the current SID policies, the staff SID Report and the concerns of the development community and provide the Council with its findings and conclusions. The Council felt that by using the City's independent auditor the problem of expending time familiarizing a consultant with the programs and procedures of the City could be eliminated and the timetable set by the Council could be met. Peat, Marwick, Main & Co. declined to accept this project because they also represent members of the local development community which might give the appearance that the firm is not independent. Mr. Mark Dick of Allen, Gibbs & Houlik of Wichita, Kansas was then contacted to perform the SID review and analysis. This firm was previously affiliated with Main, Hurdman when they held the audit engagement for the City of Fort Collins. Mr. Dick is familiar with the City and will not require any time to familiarize himself with our financial procedures. He is very well qualified to perform the work, having over twenty years experience in governmental accounting, auditing and financial reporting. He has taught other financial professionals through the Governmental Finance Officers Association and has performed many consulting engagements for governmental agencies. His most current work is a project for the State of Kansas. The work will be performed within the timelines established by the Council for the review of the City's SID policies and procedures. The fee for Mr. Dick's services is $20,000 plus out-of-pocket expenses for a total not to exceed $25,000. This fee is reasonable for a project expected to require two hundred man hours to complete." Councilmember Kirkpatrick made a motion, seconded by Councilmember Horak, to adopt Resolution 88-4. City Manager Burkett and Finance Director Alan Krcmarik responded to questions from Council about this item. Larry Scott, 2821 Eagle Drive, stated he thought CSU could provide many resources for this type of work. Councilmember Stoner stated he would not support the Resolution because he thought $20,000 was an unreasonable fee. Councilmember Mabry stated he supported the concept, but not the package presented. He expressed interest in an independent review of the staff report to determine if the facts are accurate and to review the cost ' calculations to determine the fairness of the fee recommendations. -348- January 5, 1988 ' Councilmember Horak stated he appreciated Council's the staff attempt to address desire for an independent review. He suggested the contract be renegotiated with Mr. Dick and stated Mr. Dick's credentials were appropriate for the task at hand, noting the rates were not overpriced. Mayor Estrada stated it was not cost effective to pay $20,000 for the work requested and asked staff to bring back a limited RFP arrangement in order to receive a lower bid. The vote on Councilmember Kirkpatrick's motion to adopt Resolution 88-4 was as follows: Yeas: Councilmembers Horak, Kirkpatrick, and Winokur. Nays: Councilmembers Estrada, Mabry, Maxey, and Stoner. THE MOTION FAILED. City Manager Burkett requested additional direction from Council on this issue. The consensus of Council was to have staff prepare a limited RFP that meets the scope of services outlined in an attempt to receive a lower bid as soon as possible. Staff Reports ' Finance Director Alan Krcmarik presented a Certificate of Achievement for Excellence in Financial Reporting for the City's 1986 Comprehensive Annual Financial Report to Mayor Estrada. He recognized members of the Accounting staff for their work on the Report. City Manager Burkett reported on snow removal efforts during the end of 1987 and the cost for that snow removal. He thanked staff for their hard work and overtime during the holiday season. Councilmember Reports Councilmember Horak spoke of the need for citizens to shovel snow from the sidewalks adjoining their property. He questioned the City's enforcement of the Code requirement to shovel within 24 hours. In response to a question by Councilmember Maxey, Utility Services Director Rich Shannon stated although the Code requires removal within 24 hours, the City's enforcement action is to give the homeowner 24 hours to correct the situation after a complaint is received. He added that if the homeowner does not take appropriate action, the City removes the snow and bills the homeowner. He stated the current staffing level could not accommodate a more aggressive enforcement policy. -349- January 5, 1988 of the safety concerns when children are ' Councilmember Horak stated he would like to see a more concerted effort to enforce snow removal. He spoke forced to walk in the street on the way to school because sidewalks have not been cleared. and First Hearing chapter 29 of the Code Relating Councilmember Kirkpatrick brought attention to Item #11 , Reading of Ordinance No. 2, 1h88, Amending to Vested Property Rights, which was adopted on the Consent Agenda. She ke and Zoning Board to scrutinize noted this issue was discussed at length at the state lofeFortand Colpons.o the amount of work by staff and the Pto the City this state regulation and make it applicable City Manager Burkett asked for further discussion of the snow -on -sidewalks issue. employees such as Councilmember Horak stated he would like certain City rime nants. He police oevedf majors thoroughfaresaands s and meter to act collector streets should be thetp he bel focus. Councilmember Maxey noted approximately 10 days have passed since the last storm and many sidewalks are still not cleared. He expressed concern about the City's liability in not enforcing the Code. the community more Councilmember Kirkpatrick stressiveeenforcementreferred tof9thenCode. She expressed notice before beginning g9 aggressive concern that many citizens are of education period followed sidewalks to clear sidewalks and suggested a 30 day enforcement. ot want the City to become excessively Councilmember Stoner stated he did n aggressive in its enforcement Policy- employees who are out in the Councilmember Mabry agreed that Cityical neighborhoods ntheyrshould spend extradtimelpatroli g for violators. he did ointed out that if the snow was placed on the sidewalk by City owing Councilmember Winokur concurred with Councilmembers Stoner and Mabry,plowing an p can be called upon to remove the snow. crews, the City Items Relating to Referendum Petition Concerniina Ordinance No. 181 1987 Following is staff's memorandum on this item: I -350- January 5, 1988 "Executive Summary A. Motion to Accept City Clerk's Certification of the Referendum Petition; AND B. Hearing and First Reading of Ordinance No. 9, 1988, Repealing Ordinance No. 181, 1987, Appropriating Prior Year Reserves in the General Fund and Authorizing the Transfer of Appropriated Amounts from the General Fund to the Capital Projects Fund; OR C. Motion Directing Staff to Prepare an Ordinance to Call a Special City Election and Placing Referred Ordinance No. 181, 1987 on the Ballot; OR D. Motion Directing that Referred Ordinance No. 181, 1987 be Placed on the Ballot at the March 7, 1989 Regular City Election. The City Clerk has verified that a referendum petition filed on December 15, 1987 contains at least 911 signatures of registered city voters, which is the requisite number of signatures to require Council to either repeal Ordinance No. 181, 1987 or place it on the ballot at the next regular City election (March 7, 1989) or a special city election. Background Ordinance No. 181, 1987 was adopted by the City Council on November 17, ' 1987. The Ordinance is suspended upon the certification of the referendum petition to the City Council. On November 17, 1987, Ordinance No. 181, 1987 was adopted on second reading by a 7-0 vote. The purpose of the Ordinance was to appropriate $412,670 of General Fund Prior Year Reserves to the Capital Project Fund for the relocation of some staff to 281 North College and the renovation/remodeling of the Downtown Community Center, City Hall East, City Hall West, and the old Toliver's building on Block 31. Staff recommended adoption of this Ordinance for several reasons: - The relocations/renovations are believed to be consistent with the Council's goals of: 1. Improving the City's image and service attitude. 2. Maintaining and enhancing the City's fiscal health. 3. Improving the delivery of basic services. 4. Enhancing working relations/agreements with other governments. The relocations/renovations would: I. Improve the working environment for many City employees. 2. Provide sufficient space for the affected departments for 5 years. ' 3. Create a "development center" for the processing of development requests. -351- January 5, 1988 Provide more programming space for the Downtown Community Center and RSVP. Provide an area to meet the critical space needs of Administrative Services and Police. Provide space for the proper storage of Museum displays. Save $25,000 per year by reducing current lease payments for space used by the Building Repairs & Maintenance division. Staff believes that the leasing of 281 North College would provide the best solution to the City's space needs for the short run because: It is the least -cost option on a square foot basis. The total annual cost (0&M, lease and capital amortization) over a 5-7 year period would be $8 to $8.25. It takes advantage of existing office space at a very competitive rate. 281 North College would cost about $75,000 per year for over 25,000 square feet, or $2.99 per square foot. Council must now decide whether to repeal the ordinance or place it on a city election ballot. If Council were to decide not to repeal the Ordinance, the earliest date a special election could be held is May 17, 1988. Under provisions of the City Code and the Colorado Municipal Election Code, changes in municipal precinct boundaries must be accomplished no later than 90 days prior to an election. Boundary changes are necessary for some precincts to make them conform to the new boundaries of County precincts. An Ordinance making the necessary changes to the City precinct boundary map could be scheduled for first reading on January 19 at the same time an Ordinance calling a special election could be considered. Should Council decide not to repeal Ordinance No. 181, 1987, the following is a tentative calendar for a May 17 special city election, which is the earliest date a special city election could be held: January 19 - Hearing and First Reading of Ordinance Calling a Special Election for May 17; Hearing and First Reading of Ordinance Setting Precinct Boundaries. February 2 - Second Reading of Ordinances Calling Special Election and Setting Precinct Boundaries. May 17 - Special City Election. The approximate cost for conducting a special city election is $25,000. The City could also request that Larimer County conduct a special city election in conjunction with the November General Election, at an approximate prorated cost to the city of $2500. This option would be at the discretion of the County Clerk. The final option if Council does not repeal the Ordinance is to place the matter on the March 7, 1989.'regu7ar city election ballot. -352- January 5, 1988 The successful circulation of the citizen initiated petition against Ordinance No. 181, 1987 is frustrating for staff. Staff did a great job of analyzing the problem, weighing the alternatives, recommending a good solution, and communicating the solution to the Manager and Council. It is disappointing that such a small number of signatures, around 2% of the registered voters, can cause the repeal/referral of an Ordinance. It's difficult to believe that this is a major issue to the community at large. STAFF RECOMMENDATION: Staff has met with the individuals who initiated this petition. It appears that they had different reasons for opposing the ordinance - concern about building another parking lot, concern that the CHOICES 95 Committee be included in the decision, and the "debut" of the Larimer County Taxpayers Reform Group. It appears that these individuals now have a better understanding of the City's space needs. Staff recommends that Council repeal the ordinance. Referring it to a special election would be costly, and the time delay would essentially "ki11" the deal on 281 North College. Staff will continue to pursue solutions to the space needs, and will continue to work with concerned individuals. Staff is optimistic that they can bring back to Council another proposal to meet the space needs, that will not meet with such strong objections." ' City Manager Burkett stated staff was recommending Council accept the City Clerk's Certification and adopt Item B which was an ordinance repealing Ordinance No. 181, 1987. He stated the expense of an election was not warranted. He added staff would be discussing other options with the group responsible for -circulating the petitions. Councilmember Maxey made a motion, seconded by Councilmember Horak, to accept the City Clerk's Certification of the Referendum Petition. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Mabry, to adopt Ordinance No. 9, 1988 on First Reading, Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 88-5 Making an Appointment to the Economic Opportunity Advisory ' Committee Tabled to January 19 Following is staff's memorandum on this item: -353- January 5, 1988 "A vacancy currently exists on the Economic Opportunities Advisory Committee due to the resignation of Jo -an Barnett. The Council liaison has conducted interviews and will announce the recommendation at the January 5 City Council meeting. In keeping with Council's policy, this recommendation will be tabled until January 19 to allow time for public input." Councilmember Winokur made a motion, seconded by Councilmember Horak, to adopt Resolution 88-5 inserting the name of Doug Dickson. Councilmember Winokur made a motion, table Resolution 88-5 to January 19. Kirkpatrick, Mabry, Maxey, Stoner, and THE MOTION CARRIED. seconded by Councilmember Mabry, to Yeas: Councilmembers Estrada, Horak, Winokur. Nays: None. Appeal of a Planning and Zoning Board Decision of Approval (Case #57-87) Regarding a 1.78 Acre Planned Unit Development Known as The North Lemay Plaza, Planning and Zoning Board Decision Upheld With Conditions Following is staff's memorandum on this item: "Executive Summary At the November 2, 1987 Planning and Zoning Board hearing (continued from the regularly scheduled meeting of October 26, 1987), the Board approved a request for preliminary approval of the North Lemay Plaza. This request involves 1.78 acres at the southwest corner of Conifer Street and Lemay Avenue. The proposed uses are a 2,604 square foot convenience store with three gas pump islands and canopy and a 10,672 square foot retail building. Background The applicant has proposed a 1.78 acre convenience commercial center on property that was zoned R-L-M, Low Density Multiple Family. The PUD proposal was reviewed under the criteria of the Land Development Guidance System (LDGS) and found to satisfy the locational and design criteria for an Auto -Related and Roadside Commercial land use. Staff found the orientation of the buildings, the architecture, the landscaping and buffering, the off -site landscaping, and the reduced signage are sensitive design characteristics which contribute toward neighborhood compatibility, and promote quality development encouraged by the LDGS. H -354- l January 5, 1988 The appellant takes issue with Neighborhood Compatibility component of the A17 Development Numbered Criteria Chart of the Land Development Guidance System. It is the appellant's contention that lighting, hours of operation, and the sale of pornographic material and alcohol would have a negative impact on the neighborhood. The appellant further claims that Auto -Related and Roadside Commercial Point Chart of the LDGS unfairly awards a development proposal with the credit available under Energy Conservation criterion. The appellant contends that this credit is undeserved since current private market construction practices typically accomplish the same result that the LDGS criterion is attempting to encourage. The appellant alleges the proposal would not achieve the minimum score of 50% on the point chart, the energy conservation credit assumes an exaggerated weighing without an equivalent sacrifice by the developer." Councilmember Stoner stated he would withdraw from the discussion and vote on this issue due to a perceived conflict of interest. City Attorney Huisjen stated this is an on -the -record appeal and that no new evidence should be presented to the Council. He stated Council would first need to determine if there are grounds that are sufficient for ' appeal. Assistant City Attorney Paul Eckman stated the Code provides for the City Attorney to analyze an appeal when it is received and advise the City Clerk of any obvious defects in form or substance. He stated in accordance with the Code, he advised the City Clerk that it did not appear to him that the appellants had stated legitimate grounds for appeal except for the portion of the appeal filed by Mr. Kurt Smeester. He stated Mr. Smeester's appeal presents the argument that the number criteria chart and point chart D might not have been properly analyzed by the Planning and Zoning Board and that the development might not be compatible with the neighborhood with respect to lighting, store hours, sale of pornographic material, and sale of alcohol. He stated Mr. Smeester's appeal alleged that the Board failed to properly interpret and apply relevant provisions of the Code. He stated other portions of the appeal raise issues of traffic and neighborhood compatibility, but did not allege the Board made a mistake in its actions. He stated Council has the option to determine those issues do constitute grounds for appeal. Mr. Eckman stated in his conversations with the applicant, the issues of the sale of pornographic material and the sale of liquor in the convenience store could be resolved by compromise. He responded to questions from Council. City Attorney Huisjen and Assistant City Attorney Eckman provided further clarification of the appeal process in response to Council questions. ' Councilmember Kirkpatrick made a motion, seconded by Councilmember Horak, that there are sufficient written grounds to hear the appeal based on grounds relating to errors in interpretation of energy conservation standards (point chart D) raised by appellant Smeester and including the -355- January 5, 1988 neighborhood compatibility and environmental standards issues raised by I appellants Nelson, Moser, Brungardt, Clemet, and Sigward. Councilmember Mabry stated he would vote against the motion because he believed it set a precedent for parties to appeal any Planning and Zoning Board decision because the party disagrees with the decision of the Board. He stated the Code requires the appellant to make specific allegations about alleged errors in the Planning and Zoning Board decision. Councilmember Winokur asked that the appeals procedure be reviewed and revised for clarity. He stated that Council must operate under the Code as currently written and therefore he would vote to hear the appeal as stated by Councilmember Kirkpatrick. Mayor Estrada stated he agreed with many of the points made by Councilmember Mabry, and also agreed that the current appeals process is unclear. He stated under the current process he believed this project was appealable. Councilmember Horak stated he did not believe the appeals process needs major revision. He stated the Code, as written, was workable for the citizens who will be making appeals to Council. He stated he did not want the process to become too legalistic. Mayor Estrada stated although he agreed with many of Councilmember Horak's comments, he thought the difference between a referral and an appeal should be made clear. Councilmember Mabry stated he believed Council was changing the intent of the Code with this appeal, and questioned why a vote was needed to hear the appeal because it appears anything constitutes grounds for appeal. The vote on Councilmember Kirkpatrick's motion to hear the appeal was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Maxey, and Winokur. Nays: Councilmember Mabry. (Councilmember Stoner withdrawn) THE MOTION CARRIED. City Planner Ted Shepard gave a presentation on this project and the actions taken by the Planning and Zoning Board. He answered questions from Council. Mayor Estrada stated the appellants would have 20 minutes to present their appeal, and the opponents would have 20 minutes to comment or rebut the grounds of the appeal, followed by 10 minutes for open, public discussion. He reminded parties involved that new evidence should not be presented to Council. Kurt Smeester, 1200 Clark, appellant, stated the appeal of the Planning and Zoning, Board's decision to approve this project was based on the premise ' that the' criteria of the Land Development Guidance System was improperly evaluated, specifically relating to neighborhood compatibility. He stated -356- January 5, 1988 the appellants do not believe the project is compatible with the surrounding neighborhood for the following reasons: (1) the potential for operation of the store on a 24-hour basis; (2) noise, traffic, and lighting; and (3) sale of pornographic material. Mr. Smeester elaborated on the noise, traffic, and increased lighting that the project will generate. He stated he did not believe the sale of pornographic material and alcohol was socially compatible with the surrounding neighborhood. He pointed out that, using point chart D, the project was approved by a bare minimum of 50% of the points needed to pass. Mr. Smeester stated he did not believe the point earned for energy conservation was earned by the developer. He mentioned potential problems relating to underground water. He stated the majority of the neighborhood do not want the project built, but realize development is inevitable. He added the neighborhood is not opposed to development, but would like some control in order to ensure that the character of the neighborhood is maintained and that property values will not decrease. He suggested if the decision of the Planning and Zoning Board cannot be reversed, limitation of the store hours and sale of pornographic materials and alcohol would be acceptable to the neighborhood. Jessie Brungardt, 1307 Monterey Drive, appellant, expressed concern about the criminal element that this type of development might attract. He spoke about the placement of an underground storage tank near a body of water that has direct drainage into the Poudre River. Robert Baker, Moondrift Farms, spoke of current traffic problems in the area and the impact this project will have on that situation. Bill Giesenhagen, owner/developer of the property, stated the owners of the convenience store have no immediate plans to operate the store on a 24-hour basis. He stated the store will not sell pornographic materials. He stated he believed the lights from traffic on the collector and arterial streets are more intense than the lighting the project will generate. He added he thought more noise would be generated from daily traffic than from the project itself. He noted PDQ has not obtained a liquor license and when application is made, the Liquor Licensing Authority will determine whether a license is appropriate for that location. He spoke of the heavy landscaping planned for the project. Mr. Giesenhagen explained the energy conservation measures being taken on this project. He stated he did not believe there was a reason to be concerned about the underground storage tank. He spoke of the design of the project in an attempt to make it aesthetically compatible with the neighborhood. Yank Banowetz, 12 Forest Hills Lane, representing the Lindenwood Homeowners Association, spoke of the Association's concerns about traffic and neighborhood compatibility. Councilmembers asked questions of several staff members and the parties who spoke to the appeal. Traffic Engineer Rick Ensdorff described the traffic situation in the area and spoke of the traffic study process to be completed prior to final approval of the project. -357- January 5, 1988 Councilmember Kirkpatrick made a motion to modify the Planning and Zoning Board decision to include the condition that the convenience store be limited in its hours of operation to the hours of 6 a.m. to 11 p.m. THE MOTION DIED FOR LACK OF A SECOND. Councilmember Maxey made a motion to uphold the decision of the Planning and Zoning Board with the additional conditions that the store hours be limited to the hours of 6 a.m. to 11 p.m., that no pornographic material be sold, and the traffic impact of the complex be mitigated in the initial phase. THE MOTION DIED FOR LACK OF A SECOND. Councilmember Kirkpatrick made a motion, seconded by Councilmember Winokur, to modify the Planning and Zoning Board decision to include the condition that the convenience store be limited in its hours of operation to the hours of 6 a.m. to 11 a.m. Councilmember Kirkpatrick stated she believed the problems the neighborhood has with point chart D indicated a problem with the overall LOGS procedure, especially in the energy conservation criteria. She stated she believed the project met the criteria, and falls within the overall LOGS philosophy that different uses can be made compatible with the neighborhoods with the use of buffering and architectural considerations. She stated she was willing to slightly modify the Planning and Zoning Board decision to include the limitation of hours, adding she was not concerned about the project's compatibility. The vote on Councilmember Kirkpatrick's motion to modify the decision of the Planning and Zoning Board was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. (Councilmember Stoner withdrawn) THE MOTION CARRIED. Other Business Councilmember Stoner suggested staff bring back at least two options to exempt charitable organizations from paying sales tax. He listed two options: (1) modifying the existing ordinance, and (2) developing criteria to allow organizations to make application for exemption. Mayor Estrada added a third option to restrict any exemptions to occasional or temporary sales. He directed staff to prepare options for Council consideration. Councilmember Horak expressed an interest in obtaining information on how the State of Colorado and other municipalities deal with this issue. -358= 1 January 5, 1988 ' Councilmember Kirkpatrick stated she was primarily interested in the option that would exempt organizations for occasional sales. Councilmember Maxey stated he was interested in finding out which organizations are required to pay state tax. Adjournment Councilmember Maxey made a motion, seconded by Councilmember Stoner, to adjourn the meeting to 6:00 p.m. on January 12, 1988. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. The meeting adjourned at 10:25 p.m. City Clerk X k') -359-