Loading...
HomeMy WebLinkAboutMINUTES-02/21/1984-RegularFebruary 21, 1984 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, February 21, 1984, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Clarke, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Secretary's Note: Councilmember Elliott arrived at 6:00 p.m. Staff Members Present: Arnold, Huisjen, Lewis, Krajicek, Widmer, Barnes, Jane Davis, T. Frazier Agenda Review: City Manager City Manager John Arnold stated staff had prepared several options for Item #33, Resolution Proposing a Twenty -Five Hundredths Percent (.25%) Increase in the Sales and Use Tax on all Items Except Food for a Period of Five Years for the Purpose of Funding Capital Projects, dealing with the capital improvements. He explained the options to be considered later in the meeting. Councilmember Rutstein asked that Item #17, Items Relating to Larimer County Library Services, be withdrawn from the Consent Agenda. 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 Item #36, 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 dis- cussed immediately following the Consent Calendar. 4. Consider Approving the Minutes of the Im lar meeting of February 7. February 21, 1984 5. Second Reading of Ordinance No. 15, 1984, Establishing a Quality of Lie ommission. The Ordinance was unanimously adopted on First Reading on February 7 and establishes the City of Fort Collins Quality of Life Commission as provided by Article IV, Section 1 of the Charter. The Commission, a broadbased citizens group, is one component of the Quality of Life project which is now underway. The project, which has as its goal the monitoring of quality of life in the community, was mandated by the Fort Collins Land Use Policies Plan (1979). Appointments to the 9-member Commission will be made later in this meeting. 6. Second Reading of Ordinance No. 17, 1984, Appropriating Unanticipated Revenue in the CDBG Fund. 7 E 1 The low construction bid received by the City Purchasing Office to perform the rehabilitation work on the Larico Youth Home located at 640 W. Prospect came in at $80,755. Larico Youth Home has agreed to pay for the balance of the construction work totalling $23,665. In ' order to consolidate project resources and construction contracts, Larico Youth Home has paid this money directly to the City and the City will issue one contract for the construction work to be performed. This ordinance was unanimously adopted on First'Reading on February 7 and appropriates the $23,665 in the Community Development Block Grant Fund for rehabilitation of the Larico Youth Home property. Second Reading of Ordinance No. 18, 1984, Prohibiting the Depositing o Dirt, Debris, an Construction Waste on Streets and Rig is -of -Way. This ordinance was unanimously adopted on First Reading on February 7 and provides staff with a more effective tool to deal with nuisances resulting from the depositing of dirt, debris, and construction waste on public streets and rights of way. Second Reading of Ordinance No. 19, 1984, Amending 114-2 of the Code of the City of Fort Collins Relating to the "Model ra is Coe for Colorado Municipalities". 1977 Edition. The proposed ordinance was unanimously adopted on First Reading on February 7 and amends the Code to add a section to the Model Traffic Code which prohibits the driving or parking of vehicles without a valid certification of emissions control, as required by the laws of I the State of Colorado. -299- February 21, 1984 9. Second Reading of Ordinance No. 20, 1984, Levying a Lodging Tax in the The lodging tax is a tax to be imposed on the sales taxable renting of hotel or motel rooms for a period of less than thirty consecutive days. This ordinance, which was unanimously adopted on First Reading on February 7, authorizes a 3% lodging tax in the City of Fort Collins to be effective April 1, 1984. 10. Hearing and First Reading of Ordinance No. 24, 1984, Appropriati Unanticipated Revenue of $20,000 for a Demonstration nergy- icie Development Project by the Liqht and Power Utility. On December 19, 1983, the Fort Collins Light and Power Utility re- ceived a $20,000 grant from the American Public Power Association (APPA). The grant eminates from the APPA's Demonstration of Energy - Efficient Developments (DEED) -Program. The grant will be used to develop a model for innovative community energy systems in the Oak Ridge Planned Unit Development. The 165-acre development designed by Everitt Enterprises, Inc. of Fort Collins will be constructed at Lemay and Harmony Road. 11. Hearing and First Reading of Ordinance No. 25, 1984, Appropriating on Proceeds or the air roo a SpecialImprovement District No. This Ordinance did not accompany the bond ordinance for the District last year. We need to appropriate the bond proceeds in the amount of $950,000 in the Capital Projects Fund. 12. Hearing and First Reading of Ordinance No. 26, 1984, Appropriating UnanticipatedRevenue from theColorado Division o ig way a ety or the Fort Collins Drunk Drivinq En orcement Proqram. The Police Department has been awarded a grant .from the Colorado Division of Highway Safety totaling $37,300. These monies are pro- vided from fees assessed against convicted drunk drivers across the state. These funds will be used to support the already existing Drunk Driving Enforcement Program within the department. The grant will provide for the purchase of a fully equipped patrol car, operating expenses for the car, and the majority of the salary for the patrol officer. This ordinance appropriates the $37,300 in grant'funds for expenditure in the Police Department's Drunk Driving Enforcement Program. -300- February 21, 1984 13. Hearing and First Reading of Ordinance No. 27, 1984, Relating to Precinct Polling Places for City Elections_. Precinct polling places were last established for the 60 City pre- cincts at the end of 1982. The Ordinance designates new polling places for Precinct 8 at the Park Maintenance Center, Precinct 15 at Community Church of Foursquare Gospel, Precinct 37 at Bethel Baptist Church, Precinct 40 at Northwood Apartments, Precinct 50 at the Living Word Outreach Center, and Precinct 51 at Everitt Realty. 14. Hearing and First Reading of Ordinance No. 28, 1984, Vacating a Portion of the Alley in Block 131. The DDA Parking Garage PUD was approved by the Planning and Zoning Board, January 23, 1984. It is located at the southeast corner of Mountain Avenue and Remington Street. The PUD request was for a 337 car parking garage and 5,800 square foot office. This approved plan requires the alley be vacated to accommodate the building. All affected utilities have been contacted and have no problems with the request. 15. Resolution Approving a Construction Management Contract for the Linden Ctrnut RriInc 16. This resolution authorizes the City Manager to enter into a construc- tion management agreement with BRW, Inc., a national consulting firm, for the Linden Street Bridge Replacement Project. This firm has previously worked for the City doing conceptual design for the Pros- pect under -crossing project. Resolution Approving Cooperative Agreement between Fort Collins and National Oceanic and Atmospheric Administration for Establishing Survey Points. The proposed agreement funds Fort Collins' share of the cost of a line of very accurate survey level points to be established by the federal government through Fort Collins. The Fort Collins share of the additional cost for the new alignment is $5,310 based on our proportional length of the line. The other local governments and the NGS will fund the remainder of the cost estimated at $94,395. 17. Items Relating to Larimer County Library Services. 1 A. Resolution Authorizing the Mayor to Enter into an Intergovern- mental Agreement with Larimer County for the Purpose of Providing I Library Services to Residents of Larimer County. -301- ' 18. 19 February 21, 19,84 This is an Agreement for the City to continue to provide Larimer County residents with general library services during 1984. The City's Library will provide substantially the same services to resi- dents of Larimer County which are presently rendered to residents of the City. For these services, Larimer County will contribute $87,806 to the City. This is an increase of $23,079 over the amount paid by the County to the City in 1983. B. Resolution Authorizing the Mayor to Enter into an Intergovern- mental Agreement with Larimer County for the Purpose of Providing Library Outreach Services to Residents of Larimer County. This is an Agreement for the City to continue to provide library outreach services to residents of Larimer County in 1984. The Book- mobile has been discontinued due to mechanical obsolescence and the high cost of replacement, as well as inability to serve all geographic parts of Larimer County in a cost-effective manner. Under this Agreement, the City will develop a Library Outreach Program to serve the handicapped, elderly, and other isolated persons in the City's service area within Larimer County, both within and without the City limits of the City of Fort Collins. The City will receive $8,783 from the County for these services. Resolution Authorizing the Mayor to Execute an Intergovernmental Agreement wit t e Larimer County Commissioners or t e Removal of Trees Along the Cache La Pou re River. During last springs flooding of the Poudre River, hundreds of trees were uprooted and carried downstream. Many of'these trees will be a threat to bridges and diversion structures when the river rises again this spring. The resolution would allow the City and County to hire a contrac- tor to remove the trees which are a hazard. The City has $15,000 available for this project in 1984 Flood Restoration monies. Resolution Approving a Temporary Use Permit with the Northern Colorado a ter Conservancy istrict or Acre -Foot nits o ater. This Resolution authorizes the Mayor and City Clerk to execute a Temporary Use Permit with the Northern Colorado Water Conservancy District (NCWCD), allocating the use of 19 acre-foot units of CBT water to the City. These 19 acre-foot units of CBT water were previously transferred to the City by developers. The NCWCD requires that water held under Temporary Use Permits be renewed each year. Periodically, all NCWCD water owned and used under Temporary Use Permits can be converted to use under a permanent contract. -302- February 21, 1984 20. Resolution Authorizing the Execution of a Renewal Rider for Union Pacific Agreement CO2 In December 1968, the City of Fort Collins entered into an agreement with the Union Pacific Railroad which covered the overhead powerline on and across the railroad right-of-way located at Jefferson Street and College Avenue. The latest extension of this agreement expired on November 30, 1983. Since the powerline is still in use, the Light and Power Utility requires that this agreement be renewed. Union Pacific has prepared the Renewal Rider which extends this agreement until November 30, 1993. There is no charge for this extension of the agreement. The overhead line will remain in use until the area it serves is redeveloped, at which time, the line will be converted to an under ground installation. 21. Resolution Approving an Agreement with the Union Pacific Railroad for a Pipeline Crossing. The attached Resolution approves an agreement with the Union Pacific I Railroad for a crossing needed as part of the Parkwood East Detention Pond Outfall Storm Drainage project. Everitt Enterprises has agreed to pay the $250 for this crossing permit. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Second Reading of Ordinance No. 15, 1984, Establishing a Quality of Life Commission. Item #6. Second Reading of Ordinance No. 17, 1984, Appropriating Unantici- Item #7. Second Reading of Ordinance No. 18, 1984, Prohibiting the De- positing of Dirt, Debris, and Construction Waste on Streets anc Rights -of —Way. Item #8. Second Readin Co e—d- of t—ie C o e�or oTor of Ordinance No. 19 y of Fort Co ins R > Municioa ities . 1984, Amending 114-2 of the ating to t e"Modei Traffic on. Item #9. Second Reading of Ordinance No. 20, 1984, Levying a Lodging Tax I in the City o Fort Collins. -303- February 21, 1984 Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #10. Hearing and First Reading of Ordinance No. 24, 1984, Appropri- ating Unanticipated Revenue of $20,000 for a Demo—ni-fFa—tio-n- Energy-Efficient Development Project by t e ig t and Power Ilti itv_ Item #11. Hearing and First Reading of Ordinance No. 25, 1984, Appropri- ating Bond Proceeds for the Fairbrooke Special Improvement District No. Item #12. Hearing and First Reading of Ordinance No. 26, 1984, Appropri- ating Unanticipated Revenue from the o ora o 1vision o Hig way Sa ety tor the Fort Collins Drunk Driving Enforcement Prooram. Item #13. Hearing and First Reading of Ordinance No. 27, 1984, Relating to Precinct Polling Places for City Elections. Item #14. Hearing and First Reading of Ordinance No. 28, 1984, Vacating a ' Portion of the Alley in B oc . Councilmember Ohlson made a motion, seconded by Councilmember Clarke, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Clarke, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Items Relating to Larimer County Library Services Following is the staff's memorandum on this item: "A. Resolution Authorizing the Mayor to Enter into an Intergovernmental Agreement with Larimer County for the Purpose of Providing Library Services to Residents of Larimer County. This is an Agreement for the City to continue to provide Larimer County residents with general library services during 1984. The City's Library will provide substantially the same services to resi- dents of Larimer County which are presently rendered to residents of the City. For these services, Larimer County will contribute $87,806 to the City. This is an increase of $23,079 over the amount paid by ' the County to the City in 1983. -304- I February 21, 1984 B. Resolution Authorizing the Mayor to Enter into an Intergovernmental Agreement with Larimer County for the Purpose of Providing Library Outreach Services to Residents of Larimer County. This is an Agreement for the City to continue to provide library outreach services to residents of Larimer County in 1984. The Book- mobile has been discontinued due to mechanical obsolescence and the high cost of replacement, as well as inability to serve all geographic parts of Larimer County in a cost-effective manner. Under this Agreement, the City will develop a Library Outreach Program to serve the handicapped, elderly, and other isolated persons in the City's service area within Larimer County, both within and without the City limits of the City of Fort Collins. The City will receive $8,783 from the County for these services." Councilmember Rutstein made a motion, seconded by Councilmember Ohlson, to adopt Resolution 84-25. Councilmember Rutstein pointed out she felt this was an example of Council responding to citizens' needs in that the Larimer County contribution ' increase of $23,079 allowed the user fee assessed to non -city residents to be dropped. She noted the out of city fee had raised approximately $14,000 in revenue during 1983. She encouraged staff to work for additional contribution increases each year so that residents of the city and Larimer County could continue to enjoy good library service. The vote on Councilmember Rutstein's motion to adopt Resolution 84-25 was as follows: Yeas: Councilmembers Clarke, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Making Appointments to the Quality of Life Commission, Adopted Following is the staff's memorandum on this item: "The Quality of Life Commission was created by Ordinance No. 15, 1984, which appears on this agenda on second reading. The Commission is to be composed of nine members appointed by the City Council for four-year terms. The City received 27 applications for appointment to the Quality of Life Commission. Councilmembers Ohlson and Stoner conducted interviews with the I applicants. -305- IFebruary 21, 1984 Council needs to review the applications which have been previously sent under separate cover, and determine the persons to be appointed for these initial staggered terms." Councilmember Ohlson read the names and suggested terms of those nine persons recommended by Councilmember Stoner and himself to serve on the Quality of Life Commission: Robert Martin July 1, 1985 Anita Basham July 1, 1985 William Erich Krengel July 1, 1986 V. Paul Morrissey July 1, 1986 Sharen L. Burroughs July 1, 1987 David R. Meyer July 1, 1987 Ingrid M. Justin July 1, 1988 Lyndal K. Hesterberg July 1, 1988 Deborah Saunders July 1, 1988 Councilmember Stoner made a motion, seconded by Councilmember Ohlson, to adopt Resolution 84-31 inserting the names and terms suggested by Council - member Ohlson. Yeas: Councilmembers Clarke, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Secretary's Note: Councilmember Elliott arrived at this point. Appeal of Zoning Board of Appeals Decision (ZBA #1494) Pertaining to the Operation of a Sandwich Board Advertising Business by Mr. Joseph Ostrum, Temporary Permit Authorized Following is the staff's memorandum on this item: "On February 9, 1984, the Zoning Board of Appeals considered a variance request to allow petitioner Joseph Ostrum to operate a sandwich board advertising business, whereby downtown merchants would hire the peti- tioner's agency to have a person walk around downtown with a sandwich board sign advertising a particular business,. . This request, heard as Appeal #1494, was denied by a vote of five to zero. Petitioner Joseph Ostrum is appealing this decision. The need for the variance arises from the fact that the sign code defines a ' sandwich board sign as portable, a type of sign which is prohibited by the code (Section 118-97D). -306- February 21, 1984 ' Normally, the Zoning Board grants or denies variance requests after con- sidering the hardship pleaded by the petitioner. In this appeal, Mr. Ostrum's hardship is mainly one of economics in that he is currently unemployed and the granting of a variance would enable him to start a new business and provide income. The ZBA denied the variance because economics is not considered to be a valid hardship. This decision was made after staff outlined three ways in which the Board could handle this request. They were: 1) The Board could deny the variance due to the lack of a hardship. 2) The Board could grant the variance subject to all of the condi- tions and limitations listed in Mr. Ostrum's submittal documents. Assistant City Attorney Ken Frazier explained to the Board that if this was granted without there being a hardship, they would have to grant the same variance to every other person who requested permission to carry sandwich boards, or the City could be subject to law suits alleging anti-trust legislation by allowing Mr. Ostrum to have a monopoly. 3) The Board could grant the variance for a period of 9 months subject to all of the conditions and limitations listed in the submittal documents. They could then grant subsequent variances, ' if they arose, for a similar time period. This way, no monopoly would be created and as everyone's 9 months' variance expired and they appeared before the Board for an extension, the Board could either grant or deny the extension request. If a large number of such variances had been granted and the effect of this type of advertising was felt to have a negative impact on the community, these extension requests could all be denied and eventually all of the sandwich boards would be phased out. If not many had been granted, or if it was felt that the impact to the community was not detrimental, the extension requests could be granted or the code possibly could be changed to allow such a sign. After discussing these three possibilities, the Board questioned the staff about the possibility of changing the code to allow these signs. Staff replied that it would be hard to justify changing the code just because one individual wanted to do something which is currently prohibited, especially since alternative 3 above is a possible way to handle the request and still allow us to have adequate control over the continued use or future ter- mination of this type of sign. If the code is changed there is very little that can be done as far as placing conditions upon the individuals such as are outlined in Mr. Ostrum's documents, and sandwich board signs could start proliferating in all parts of the City. The trial period outlined in alternative 3 would give the staff time to evaluate whether or not the code ' should be changed at a later date. -307- February 21, 1984 The Board and staff agreed that the petitioner's proposal of period cos- tumes and antique -type lettering for the downtown area is certainly taste- ful and would be fun for Old Town as well as the entire downtown area, but it was the feeling of the Board that without a specific hardship, they could not grant a variance. City Council will be reviewing the decision made by the Zoning Board of Appeals. Council members are being furnished with minutes of the Zoning Board of Appeals meeting, as well as those materials submitted to the Board by the petitioner, and are being asked to sustain, reverse, or modify the decision, or send the matter back for further hearing and review by the Zoning Board of Appeals." Joseph Ostrum, 1700 Laporte, read a prepared statement explaining the circumstances of his appeal. He referred to sandwich boards currently allowed in the City of Durango and noted Durango was not having any prob- lems with them. He stated he would be operating three boards and described their routes. He called attention to the petition in support of his pro- posal containing 62 signatures of downtown merchants and the four letters of support that had been submitted. He asked Council to allow him to implement his proposal for a nine -month period as suggested by Zoning Administrator Peter Barnes. Zoning Administrator Peter Barnes answered questions and defined portable signs as it relates to advertising on vehicles. He noted a nine -month trial -period would give staff adequate time to evaluate the effect this type of advertising would have on the community. Councilmember Clarke stated that the Zoning Board of Appeals decision to deny Mr. Ostrum's proposal was their only option since the Code clearly states that portable signs are not allowed. He noted the variance pro- cedure primarily addresses properties and does not cover relief from the sign code. He added he felt Mr. Ostrum's proposal was a valid enterprise that would enhance the downtown. He suggested the code be modified to allow this type of activity in the downtown. Councilmember Rutstein stated she preferred the option that would grant the variance for nine months with a three sign limit. This option would permit an adequate evaluation time before changing the code to allow this type of activity. City Attorney Huisjen suggested Council might have some right to grant the applicant a permit outside of the zoning code until appropriate legislation is in place. He added all applicants would have to be treated alike and have the same right of activity since legislation cannot be used to avoid competition. February 21, 1984 Councilmember Clarke made a motion, seconded by Councilmember Rutstein, to modify the decision of the Zoning Board of Appeals and to issue a temporary permit to Mr. Joseph Ostrum to conduct his sandwich board business in the downtown area for a nine -month period, with a three sign limit and to examine the Code for possible revision. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Citizen Participation Proclamation Naming March 18 - 24 as American Association of University Women Wee was accepte y Mrs. Homer Bollinger, a representative o t�hT%hapter of AAUW. B. Proclamation Naming March 5 - 11 as National Women's History Week was accepted by Mrs. Homer Bollinger, representing Charlene Tresner, librarian/historian at the Fort Collins Public Library. C. Proclamation Naming March 11 - 17 as Camp Fire Birthday Week was presented to the 5th grade Camp Fire Adventure Girls of Urge—a-TTemen- tary School. Mayor Knezovich then presented merit badges to Lesley Baker, Katy Bigner, Lauri Feagans, Heather Holton, Kay Randell, Rhonda Rohla, and Michelle Thompson, and recognized their co -leaders Esther Rohla and Rose Thompson. D. Proclamation Naming March as Youth Art Month was forwarded to the appropriate persons. Chris Nelson, 1705 Aspen, reported on the progress of the Paired Cities project that he had previously discussed with Council. He stated the city of Telavi in Soviet Georgia had been selected for this "sister city" concept. Jack Michaelheiser, 1719 Mathews, spoke to problems he had encountered with the City's dog ordinance. He asked that the ordinance be amended to provide that dogs that respond to their owner's command be exempt from the leash law. Tami Lohman, 1230 West Mountain, Fort Collins Parkway Preservation Society, spoke to the potential of trees being removed from the West Mountain median during March and April. She objected to any trees being removed until the litigation now in progress was resolved. Mayor Knezovich noted Council and staff would continue to monitor the trolley situation. -309- February 21, 1984 Appeal of Zoning Board of Appeals Decision (ZBA #1491) - 1737 Norwood Lane, ZBA Decision Reversed Following is the staff's memorandum on this item: "On January 12, 1984, the Zoning Board of Appeals considered a variance request for the,property at 1737 Norwood Lane. This request, heard as Appeal #1491, was denied by a vote of three to two. Petitioner Ron Damon is appealing this decision. The property at 1737 Norwood Lane is located in the RLP (low density planned residential) zoning district, which allows single family dwellings as a permitted use. Mr. Damon's contractor was issued a permit to build a new dwelling on this 10,002 square foot lot on December 19, 1983. Prior to the issuance of the permit the Zoning office put the plans on hold because the house was too big for the lot. The contractor consequently submitted revised plans reducing the size of the house from 3,400 square feet to 3,112 square feet. This was accomplished by changing a 288 square foot solarium into a covered patio, which does not count as floor area. Zoning clearance was then given and the building permit issued. On December 28, 1983, Mr. Damon submitted his request for a Zoning variance in hopes of obtaining approval to build the solarium as originally planned. The need for the variance request arises from the limited size of the lot in relation to the square footage of the proposed house. Specifically, the variance requested would reduce the required lot area for a 3,400 square foot house from the 10,200 square feet needed to satisfy the requirement that the lot area be three times the floor area of the building, down to the provided 10,002 square feet. On January 12, 1984, the Zoning Board of Appeals considered the variance request for 1737 Norwood Lane. The Board denied the variance request by a vote of three to two. City Council will be reviewing the decision made by the Zoning Board of Appeals based upon the minutes of the board and any new evidence submitted and will be deciding whether to sustain, reverse, or modify the decision, or send the matter back for further hearing and review by the Zoning Board of Appeals." Barry Stumpf, designer of Mr. Damon's home, outlined the events leading up to the appeal. He stated the solarium was complete except for the glass that would make the passive solar project work. He noted the house had exceeded the setback requirements on all sides and that neighbors would not ' be affected by this variance. He stated he would view not being able to make the passive solar function as his hardship. -310- 1. February 21, 1984 Zoning Administrator Peter Barnes described the site noting it was next to a detention pond. He noted the measurement of the floor area was obtained by measuring along the outside walls of the building and includes every- thing inside the walls, including the stairwells. Councilmember Rutstein made a motion, seconded by Councilmember Horak, to sustain the decision of the Zoning Board of Appeals to deny the requested variance. Councilmember Rutstein noted she was uncomfortable with the idea of manipu- lating the zoning ordinance and added she felt there was no real hardship that could not have been remedied earlier. Councilmember Clarke stated he felt a mistake had been made and that no manipulation had been intended. He noted there was no detriment to the public good and the solarium would provide energy savings to the owner and all citizens through the passive solar application. He suggested the variance was minimal and encouraged defeat of Councilmember Rutstein's motion to sustain the decision of the Zoning Board of Appeals. Councilmember Stoner pointed out the variance was a 1.9% exception to the zoning code and that the setbacks exceeded the requirements. He urged ' defeat of the motion. Councilmember Elliott stated he felt the variance was a minor one and suggested the variance be granted. The vote on Councilmember Rutstein's motion to sustain the decision of the Zoning Board of Appeals was as follows: Yeas: Councilmembers Horak, Ohlson, and Rutstein. Nays: Councilmembers Clarke, Elliott, Knezovich, and Stoner. THE MOTION FAILED. Mayor Knezovich stated the two adjacent neighbors who would be most af- fected by this variance had written letters noting they had no objection to the variance being granted. Councilmember Clarke made a motion, seconded by Councilmember Stoner, to overturn and reverse the decision of the Zoning Board of Appeals and grant the requested variance to Ron Damon, 1737 Norwood Lane. Yeas: Council - members Clarke, Elliott, Knezovich, and Stoner. Nays: Councilmembers Horak, Ohlson, and Rutstein. THE MOTION CARRIED. ' -311- F Councilmember Horak expressed concern to builders and developers that if will correct it. February 21, 1984 that this action would send a message they make a mistake the City Council Ordinance Annexing Property Known as the Allen -Lind -Moore Annexation (a portion under contract of purchase by Anheuser-Busch for a brewery facility) and Zoning Property Known as the Allen -Lind -Moore Annexation to I-P, Industrial Park District with PUD Conditions Adopted on Second Reading Following is the staff's memorandum on this item: "On February 7, Council adopted this Ordinance on First Reading by a 6-1 vote. The applicants are seeking approval on Second Reading of the an- nexation and zoning of 1197 acres (1118 acres plus street and railroad ROW). The requested zoning is I-P, Industrial Park District with the condition that no development occur on the properties unless approved in accordance with the processes and requirements of the Planned Unit Develop- ment regulations. The 1118 acre Master Plan which was approved on February 7, consists of a mix of industrial, auto -related and roadside commercial, business services, neighborhood service center, neighborhood park and single and multi -family residential uses. The first phase of development consists of the 121 acre brewery. The annexation and Master Plan areas are located south of County Road 52, east of the Windsor Reservoir and Canal Company outlet ditch (approximately 1/2 mile east of `County Road 11), north and south of County Road 50, and west of Interstate 25. The brewery site is located in the far northeast corner of the Master Plan (southeast corner of the intersection of Interstate 25 and County Road 50)." Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 21, 1984 on Second Reading. The following persons spoke on this issue: Dale Maxey, 1512 Shadow Mountain Court, Chairman of the Quality of Life Coalition, outlined his group's opposition to the brewery noting they felt the costs were greater than the benefits. Doug Markley, 1313 Buttonwood, co-chair of Citizens for Fort Collins, stated his group's sole purpose was to aid in the passage of the annexation question and to bring A-B to Fort Collins. 3. Homer Bollinger, 1920 Mohawk, defined "quality of life" and spoke of the negative social implications of alcohol and the social reasons for denvina A-B. -312- February 21, 1984 4. Dick Albrecht, Executive Vice -President of the Chamber of Com- merce, strongly supported the annexation and zoning of the prop- erty. _ 5. Steve Zary, 618 Remington, spoke of the number of jobs (estimated to be 400-500) created in the Fort Collins area in 1983 without any subsidization by the City and asked if the Chamber had figures to dispute that claim. The vote on Councilmember Clarke's motion to adopt Ordinance No. 21, 1984 on Second Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, and Stoner. Nays: Councilmember Rutstein. THE MOTION CARRIED. Ordinance Calling a Special Municipal Election on May 1, 1984 and Referring the Allen -Lind -Moore Annexation and Zoning Ordinance to a Vote of the Qualified Electors, Adopted on Second Reading Following is the staff's memorandum on this item: "On December 6, 1983, Council adopted Resolution 83-203, which estab- lished a schedule and timetable for reviewing the annexation and develop- ' ment proposals of Anheuser-Busch. The adopted schedule (Option 2) stated Council's intent to hold an election on May 1, 1984 to refer the Anheuser- Busch (Allen -Lind -Moore) annexation/zoning ordinance to the voters. This Ordinance was unanimously adopted on First Reading on February 7 and officially calls the Special Municipal Election for May 1, 1984, and places the annexation/zoning ordinance on the ballot." Councilmember Horak made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 22, 1984 on Second Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Referring a Twenty -Five Hundredths Percent (.259) Increase in the Sales and Use Tax on all Items Except Food for a Period of Five (5) Years for the Purpose of Obtaining Funds for the Construction of the Swimming Pool/Ice Rink Facility to the Qualified Electors of the City, Adopted Following is the staff's memorandum on this item: ' -313- February 21, 1984 "Interested citizens have previously provided to the City a draft of an ordinance requiring the construction of a swimming pool/ice rink to be funded by a twenty-five hundredths percent (.25Y) increase in the sales and use tax for five years on all items except food. The swimming pool/ice rink project has been reviewed by Project RECAP and the staff and it is recommended that Council refer this matter to the voters for consideration separate from other projects. Within the proposed Ordinance is a reference to food items as defined by C.R.S., §39-26-102(4.5). A copy of that definition is included with these materials for your information. Please note that the general definition of food means food which is advertised or marketed for human consumption and is sold in the same form, condition, quantities and packaging as is commonly sold by grocers. The state statute then provides that there are listed exceptions including food or drink served or furnished in res- taurants, cafes, lunch counters, etc. It is my advice that we use the same definition of food for our sales and use tax ordinance as is used by the State of Colorado so as to avoid any difficulty in interpretation or imple- mentation of the tax at the retail level. Retailers now segregate food from non-food items according to this definition. To use another defini- tion may prove to be very difficult in interpretation and collection." Luke Santangelo, 2206 South Mathews, representing the Fort Collins Pool/Ice Rink Association, urged Council to place this issue on the May 1 ballot for final resolution. Councilmember Horak made a motion, seconded by Councilmember Rutstein, to adopt Resolution 84-32. Fred Gardner, 4933 South Overland Drive (business address 900 North Col- lege), spoke in favor of the Resolution. Bruce Lockhart, 615 Mathews, expressed concern that 1/40 would not fund the facility and stated the City should not own such a facility. He predicted other sports enthusiasts would object. City Manager Arnold clarified that the word "olympic" meant a 50-meter pool. The vote on Councilmember Horak's motion to adopt the Resolution was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. -314- February 21, 1984 Resolution Referring a Twenty -Five Hundredths Percent (.25%) Increase in the Sales and Use Tax on all Items Except Food for a Period of Five Years for the Purpose of Funding Capital Projects to the Qualified Electors of the City, Adopted as Amended Following is the staff's memorandum on this item: "This proposed Resolution includes an Ordinance to be referred to the voters which would adopt a twenty-five hundredths percent (.25%) increase in sales and use tax on all items except food for the construction of identified categories of capital projects. As in the referred Ordinance on the swimming pool/ice rink project, there would be no sales and use tax on food items as defined by state statute. The definition of food under the state statute is provided with the agenda materials for the resolution referring the ordinance on the swimming pool/ice rink facility." City Manager Arnold noted staff was offering three approaches to this matter and outlined the different options. Councilmember Clarke made a motion, seconded by Councilmember Rutstein, to adopt Resolution 84-38. Councilmember Clarke noted this Resolution described the RECAP Committee's list of essential projects and addressed how the current revenues would be expended over the next five years. He added this Resolution was essential- ly a spending plan for the existing 2 1/4¢ sales tax funds for 1985-89. The vote on Councilmember Clarke's motion to adopt Resolution 84-38 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Rutstein made a motion, seconded by Councilmember Elliott, to adopt Resolution 84-33, version #3, which states that the RECAP Committee's list of necessary projects would be the projects built with the proposed 1/4t sales tax to be submitted to the voters on May 1. Councilmember Knezovich made a motion, seconded by Councilmember Rutstein, to insert in Section 2d of the Resolution, the phrase "if necessary for completion" after the words "Taft Hill Road (Foothills)" and to insert the same phrase in Ordinance No. 30, 1984, contained within Resolution 84-33. Mayor Knezovich noted this amendment would spell out that the lottery funds would be used to fund the open space and trails project and that this -315- February 21, 1984 additional 1/44 of sales tax would only be used on the open space and trails project if lottery funds were insufficient. The vote on Mayor Knezovich's motion to amend Resolution 84-33 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Bruce Lockhart, 615 Mathews, questioned whether the proposed 1/40 tax would fund all the projects listed. Jane Van Velson; Project RECAP Committee, stated she felt the process had been good and that the Committee would like to see it continued. Councilmember Clarke expressed his concern that this was not the correct time to submit a sales tax increase to the voters. He felt some of the projects could be built with existing revenue and that a better plan might be to allow RECAP to continue their study for another one or even two years and try to establish citizen support for the projects to be funded by an additional tax. The vote on Councilmember Rutstein's motion to adopt Resolution 84-33 as amended was as follows: Yeas: Councilmembers Elliott, Knezovich, Ohlson, Rutstein, and Stoner. Nays: Councilmembers Clarke and Horak. THE MOTION CARRIED. — Items Relating to the Authorization of Expenditures and the Use of City Staff and Supplies to Accomplish the Dissemination of Information Relative to Certain Ballot Issues Following is the staff's memorandum on this item: "A. Resolution Authorizing the Expenditure of Such Funds as are Reasonable and Prudent to Accomplish the Dissemination of Information Relative to the City's Proposal to Increase Sales and Use Taxes by Twenty -Five Hundredths Percent (.25a) For Certain Capital Improvements. B. Resolution Authorizing the Expenditure of Such Funds as are Reasonable and Prudent to Accomplish the Dissemination of Information Regarding the Proposal to Increase Sales and Use Taxes on All Items Except Food by Twenty -Five Hundredths Percent (.25y) to Fund the Construction of a Swimming Pool/Ice Rink Facility. -316- I February 21, 1984 C. Resolution Authorizing the Expenditure of Such Funds as are Reasonable and Prudent to Accomplish the Dissemination of Information Relative to the Annexation and Zoning of Property Known as the Allen -Lind -Moore Annexation to the City of Fort Collins a Portion of Which is under Contract to Purchase by Anheuser-Busch, Inc. for Use as a Brewery Facility. During the February 14, 1984 Worksession discussion on the Public Informa- tion Program on sales tax and Anheuser-Busch annexation, Council directed the staff to proceed with filing "Statements of Organization" under the Campaign Reform Act and authorized Jim Harmon to serve as Campaign Trea- surer. Methods for keeping track of costs and reporting them in accordance with the Campaign Reform Act are in place; staff is seeking further Council direction on how to proceed. Following this direction, staff will bring back refined cost analysis proposals detailing monies to be expended, in -kind contributions to be provided, and resources to be utilized." Councilmember Elliott made a motion, seconded by Councilmember Rutstein, to I adopt Resolution 84-34 relating to the proposed sales tax for capital improvements. Bruck Lockhart, 615 Mathews, stated he felt paid ads in newspapers should be considered as campaigning and should not be used. Councilmember Clarke stated he felt the Council should actively promote the 1/40 sales tax now that they have gone on record by placing the measure on the May 1 ballot. He added he felt staff should answer questions and provide factual information on the pool/ice rink issue and the A-B issue, but that Council should not authorize the expenditure of funds directly in support of those issues. He noted he would be in favor of placing ads that would describe the pool/rink facility so that the public would be aware of its configuration. City Manager Arnold noted staff would come back at the February 28 work - session with detailed plans for spending on all three issues. The vote on Councilmember Elliott's motion to adopt Resolution 84-34 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Elliott made a motion, seconded by Councilmember Stoner, to ' adopt Resolution 84-35 relating to the pool/ice rink facility. Yeas: -317- February 21, 1984 Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Elliott made a motion, seconded by Councilmember Stoner, to adopt Resolution 84-36 relating to the A-B issue. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Establishing a Final Date for the Receipt of Petitions for Initiating Ordinances or Resolutions for the May 1, 1984 Special Election, Adopted Following is the staff's memorandum on this item: ' "This Resolution would set 4:30 p.m. on March 9, 1984 as the final date for the receipt of petitions for initiating ordinances or resolutions for the May 1 Special Election. The City Clerk must have sufficient time to review and determine the validity of any petition and to certify to Council the sufficiency of that petition. The last regular Council meeting at which time ballot measures may be considered for placement on the May 1 ballot is March 20. The March 9 final receipt date would allow approximately 10 days for the City Clerk's certification process." Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Resolution 84-37. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Other Business Mayor Knezovich stated he had received correspondence from the Governor's office asking for the City's support in litigation relating to the MX project in Wyoming and Nebraska. He noted there might be some danger in ' entering into such litigation. -318- City Attorney Huisjen stated it might be examine them and then decide if the City be to join once the action has started tioned the City would need to be careful we are sure we agree conceptually with it February 21, 1984 s possible to get the pleadings and would join. Another option might as an additional party. He cau- about joining this effort unless purpose and intent. Councilmember Ohlson made a motion, seconded by Councilmember Rutstein, that as soon as possible, the Mayor and Assistant Mayor on behalf of the Council of the City of Fort Collins continue to pursue with the State of Colorado, potential legal action against the Air Force as it relates to the lack of scoping hearings in Colorado, especially since Larimer County and Fort Collins were included in 11 of the 14 spheres of influence outlined in the draft environmental impact statement. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Adjournment Councilmember Horak made a motion, seconded by Councilmember Rutstein, to adjourn the meeting. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 11:55 -319-