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HomeMy WebLinkAboutMINUTES-08/19/1980-Regular' August 19, 1980 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, August 19, 1980, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll Call was answered by the following Coun- cilmembers: Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Absent: Councilmember Kross. Staff Members Present: Arnold, Liley, Lewis, Lanspery, Krajicek, C. Smith, Mabry, and Ruggiero. Agenda Review: City Manager Assistant City Manager Paul Lanspery noted that Item 7, Second Reading of Ordinance No. 111, 1980, Annexing the Fox Ridge Annexation, and Item 9, Second eading oofOrdinance N'o--LI3, le8( , oning the Fox Ridge Annexation, need to be tabled until September 2 and that there had been a request from Randy Starr, attorney representing Poudre Valley R.E.A., to withdraw Item 6, Second Reading of Ordinance No. 110, 1980, Annexing the Keenland Annexation, from t e onsentCalendar. e urtif ir noted that t ere were two iitems of Other Business and that Council would need to adjourn into Executive Session to discuss legal matters and land acquisition. Councilwoman Reeves asked that Item 4, Consider approval of the Minutes of the Regular Meeting of August 5 and the pecia Meeting of m y 2 980, be withdrawn and Councilman Wilmarth requested Item 15, Hearing and First Reading of Ordinance No. 114, 1980, Appropriating Unanticipated Revenues in the General Fund for Leqal Expenses, be withdrawn. City Manager John Arnold pointed out that Item 8, Second Reading of Ordi- nance No. 112, 1980, Zoning the Keenland Annexation, would also need to be withdrawn or we wou d zone a property before it was annexed. 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. 4. Consider approval of the Minutes of the Regular Meeting of August 5 and the Special Meeting of July 0. 292 August 19, 1980 ' Second Reading of Ordinance No. 106, 1980, Increasing Street Over - sizing ees. This Ordinance was unanimously adopted on First Reading on August 5th and would increase the street oversizing fee to $254.00 per D.U. for residential and $2,296.00 per acre for commercial and industrial. Second Reading of Ordinance No. 110, 1980, Annexing the Keenland nn�at.i on . This Ordinance was unanimously adopted on First Reading on August 5th and is a request to annex 617 acres located south of Harmony Road and 112 mile east of College Avenue. Second Reading of Ordinance No. 111, 1980, Annexing the Fox Ridge nnexation. This Ordinance was unanimously adopted on First Reading on August 5th and is a request to annex 241 acres located one mile south of Harmony Road and east of Lemay Avenue extended. 8. Second Reading of Ordinance No. 112, 1980, Zoning the Keenland Annexa- I tion. This Ordinance was unanimously adopted on First Reading on August 5th and is a request for a mix of zoning districts; 113 acres of I-P; 466 acres of R-P and 33 acres of B-P. Second Reading of Ordinance No. 113 1980 Zoning the Fox Ridge Annexation. This Ordinance was unanimously adopted on First Reading on August 5th and is a request to zone the Fox Ridge annexation as follows: 221.69 acres, R-L-P and 19 acres, B-P. 10. Routine Deeds and Easements. Power line easement from Double L & BP Investments, Inc. - Elizabeth J. Wolf located at 0 W. Mulberry Street for re oca- tion of power line due to W. Mulberry Street Improvement Dis- trict. Consideration: $50.00. B. Power line easement from Bruce E. Miller located in Silverplume P.U.D., north of Swallow, east of Dunbar, to provide electric service to Silverplume P.U.D. Consideration: $1.00. 1 293 ' August 19, 1980 C. Twenty foot subsurface drainage easement from Larimer County Board of Cooperative Services, 4616 S. Shields, (intersection of Melds Street aria Harmony Road) for transmittal of storm water from the Woodlands P.U.D. to Mail Creek which is the natural drainage swale for that area. Consideration: None. D. Agreements for Shields Street bike/walkway from Prospect to Bennett School Road. GRANTOR CONSIDERATION Furniss, 1110 W. Prospect Street $2,140 Rudolph, 1509 S. Shields Street 930 Arevalo, 1515 S. Shields Street 904 Worth, 1501 S. Shields Street 5,136 Palmer, 1505 S. Shields Street 3,000 Olander, 1417 S. Shields Street 2,404 Kintzley, 1415 S. Shields Street 1,576 E. Agreement with Western Slope Gas Company for a 75' x 130' meter station location site and a 7 x 30' easement reserved for the City; on City property adjacent to Timberline Road and the access road for the Timberline Park Substation (Station 300). The site has received Light and Power approval. Consideration: $3,900 ($.40 per sq.ft.) F. Agreement with Everitt Enterprises for a detention pond and drainage swale located in outhmoor Village East, Third Filing. Consideration: Donation. 11. Resolution Adopting Rate Schedule for Private Receptions Held in the Ludlow Rooms of the Lincoln Community Center. This Resolution would adopt a new rate schedule for private receptions held in the Ludlow Rooms of the Lincoln Community Center. 12. Three Resolutions Approving Amendments to the Utility Services Rules and Regulations. A. Resolution Approving Amendments to the Electric Service Rules and Regulations. B. Resolution Approving Amendments to the Water Service Rules and Regulations. C. Resolution Approving Amendments to the Sewer Service Rules and Regulations. 294 August 19, 1980 ' The Finance Department, the Light and Power Department, and the Water and Sewer Department are proposing that the Utility Services Rules and Regulations pertaining to utility service deposits be changed so that a utility deposit may be required if a customer is unable to provide proof of a satisfactory credit history or has received one or more final turn-off notices for delinquency. 13. Resolution Authorizing Street Name Change from Sundown Street to Sonora treet m ea oursLast Subdivision. This is a City initiated request to change the name of Sundown Street, located in Meadows East Subdivision, to Sonora Street. 14. Resolution Authorizin the Cit 11ana er to Enter into an Agreement with the Associated to ents of o ora o tate n�versity or t e uroose of Providinq rans ort Services. This Resolution would authorize the City Manager to enter into an agreement with ASCSU to provide Transfort services in return for payment of $2.00 per semester for each student attending CSU. 15. Hearing and First Reading Ordinance No. 114, 1980, Appropriating Rev ' Unanticipated enues in the General Fund for Legal Expenses. This Ordinance would provide funds to cover costs associated with the hiring of additional personnel in the City Attorney's Department. 16. Hearing and First Read in of Ordinance No. 115, 1980, Appr.opriatin Unanticipated Revenues in the apita Projects Fund. The City of Fort Collins is scheduled to receive a total of $244,158.57 in State surplus revenue for our Street Rehabilitation Program. To date, we have received $180,009.27 of this amount, and have appro- priated it in the Capital Projects Fund. . This Ordinance appropriates the balance of $64,149.30 in the Capital Projects Fund to support the 1980 Street Rehabilitation Program. 17. Hearinq and First Reading of Ordinance No. 116, 1980, Vacating a Portion' of a Utility Easement at 301 Bowline, Lot 33, The First Replat of Landinqs, First Filing. This Ordinance is a request to vacate a portion of the utility ease- ment at 301 Bowline, Lot 33, the First Replat of Landings, First Filing. 295 ' August 19, 1980 18. Hearing and First Reading of Ordinance No. 117, 1980, Amending Article I, Chapter 84 to Include the Definition of a Public Place. This proposed ordinance would establish a definition for a "public place" as applied in Chapter 84 of the Code of the City of Fort Collins. 19. Raintree P.U.D., Final Areas A, B, C, D This is a final proposal for the residential phases of the approved Raintree P.U.D. Plaster Plan. 20. Woodlands P.U.D., Third Filinq, Final. This is a request for final approval of the Third Filing of the Woodlands P.U.D. This is an 88 single family residential P.U.D. located at Starflower Drive and Larkbunting Drive. E N D C 0 N S E N T ' Ordinances on Second Reading were read by title by City Clerk, Wanda Krajicek. Item #5. Second Reading of Ordinance No. 106, 1980, Increasing Street Oversizing Fees. Ordinances on First Reading were read by title by City Clerk, Wanda Krajicek. Item #16. Hearing and First Readin of Ordinance No. 115, 1980, Appro- prtattng nanttctpated evenues to the Capital Projects Fund. Item #17. Hearing and First Readiny of Ordinance No. 116, 1980, Vacating a�or�ton o a t tty asement at .301 bowline, Lot 33, t e First Replat of Landings, First Filing. Item #18. Hearing and First Readingof Ordinance No. 117, 1980, Amending Article I, Chapter 84 to Include the Definition of a Public Place. Councilman Wilkinson made a motion, seconded by Councilman Bowling, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers, Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. 296 August 19, 1980 THE MOTION CARRIED Ordinance Annexing the Fox Ridge Annexation and Ordinance Zoning the Fox Ridge Annexation, Tabled to September 2 Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to table Ordinances No. 111, 1980, and Ordinance No. 113, 1980, on Second Reading until September 2. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Consider Approval of the Minutes of the Regular Meeting of August 5 and the Special Meeting of July 29, 1980, Adopted as Amended Councilwoman Reeves asked that the minutes be amended to reflect that Councilwoman Reeves and Councilman Wilmarth cast negative votes on the request for an Executive Session on page 291 of the August 5th minutes. Councilwoman Reeves made a motion, seconded by Councilman Wilmarth, to adopt the .August 5th minutes as amended. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on Second Reading Annexing Keenland Annexation Following is the City Manager's memorandum on this item: "This Ordinance was unanimously adopted on First Reading on August 5th and is a request to annex 617 acres located south of Harmony Road and 112 mile east of College Avenue." Randy Starr, client's conc Colorado P.U.0 veninence and Fort Collins. City and R.E.A within annexed provide servic attorney representing Poudre Valley R.E.A. expressed his erns regarding territory that has been certified by the . to Poudre Valley R.E.A. by a certificate of public con - necessity and is now proposed for annexation to the City of He noted that there presently is no agreement between the with respect to the treatment of present electric service territory. He stated that Poudre;Valley R.E.A. expected to a within certificated territory and that they have requested 297 ' August 19, 1980 negotiations to begin between the City and R.E.A. to attempt to solve some of the problems that are associated with the massive annexations that are taking place. fie requested that the City Council become involved in these. negotiations and noted that in anticipation of this, Poudre Valley R.E.A. has appointed two of its board members (Frank Gould and Steven Goodwin) as their negotiations committee. Additionally, he requested that City Council appoint two of its members to attend these negotiating sessions to become aware of what the problems are and how to solve them. He stated that Poudre Valley R.E.A. had tendered a proposed agreement to the City and had received a counter proposal and again requested that Council become in- volved at this point. Mayor Gray noted that the Keenland annexation was the issue before Council at this time and suggested that this was not the time for this matter to be discussed in depth. She stated that the request would be taken under advisement and discussed at an appropriate time. Councilman St. Croix made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 110, 1980 on Second Reading. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on Second Reading Zoninq Keenland Annexation Following is the City Manager's memorandum on this item: "This Ordinance was unanimously adopted on First Reading on August 5th and is a request for a mix of zoning districts; 113 acres of I-P; 466 acres of R-P and 33 acres of B-P. The 4 acre Rule property which was originally included in this zoning request as T, Transition, will be brought back with a separate zoning Ordinance once the Planning and Zoning review is com- plete." Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt Ordinance No. 112, 1980, on Second Reading. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Appropriating Unanticipated Revenues in the General Fund for Legal Expenses Tabled to September 2 Following is the City Manager's memorandum on this item: 298 August 19, 1980 "On the 29th of July, at a work session, the City Council approved a request made by the City Attorney for additional personnel. At that time, a representative from Public Works and Water Utilities advised that, in exchange for the City Attorney's in-house staff expanding their services to include water utility related cases, Public Works would be willing to transfer from their budget monies to cover costs associated with the hiring of a new attorney for the remainder of 1980. That cost has since been determined to amount to $15,000. With the passage of this Ordinance, the City Attorney's office would have sufficient funds budgeted to cover the additional costs associated with the hiring of the new personnel." Councilman Wilmarth expressed two concerns about the transferring of funds for the hiring of additional personnel in the City Attorney's office: 1. That this was not the correct direction for the City Attorney's office to be heading, i.e. should we be using outside experts rather than expanding the in-house staff. 2. That this action is part of the budgetary process and these two I staff positions should be considered when all the other requests are considered. Councilman St. Croix suggested that this matter could be tabled until after the City Attorney's evaluation on Tuesday, August 26th when the whole matter of the direction of the City Attorney's office would be reviewed. City Manager John Arnold pointed out that the reason the matter had been brought "out-of-sinc" was that two highly qualified individuals were available now and based on Council's action at work session, were hired. One has already started and one -is scheduled to begin September 2. Councilman Wilmarth made a motion, seconded by Councilman St. Croix, to table Ordinance No. 114, 1980, to September 2. Yeas: Councilmembers Bowling, St. Croix, Wilkinson, and Wilmarth. Nays: Councilmembers Gray and Reeves. THE MOTION CARRIED. Citizen Participation A. Proclamation Designating August 20 as Fort Collins Day to be delivered. 1 we ' August 19, 1980 B. Proclamation Naminq 1981 as the International Year of Disabled Persons. Reso.lution Appointinq Dorothy D. Lasley as Liaison Person Between the ,ty o ort o ins anc the ounce or the nternationa ear of Disabled Persons. The proclamation was read by City Clerk Wanda Krajicek and then presented to Dorothy D. Lasley who was also designated as liaison person between the City of Fort Collins and the U.S. Council for the International Year of Disabled Persons. Councilman Wilkinson made a motion, seconded by Councilman Wilmarth, to adopt the Resolution appointing Dorothy D. Lasley as liaison person. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. City Manager's Report City Manager John Arnold called Council's attention to the electric vehicle program noting that one of the new vans was outside and would be available for Council inspection. Assistant City Attorney Pete Ruggiero gave the Council an update on the status of consolidation of the fire pension funds. Councilmembers' Reports Councilman Wilkinson recommended that the name of John J. (Jack) Giuliano be submitted to the State Electrical Board for possible appointment to that Board as several vacancies exist. Councilman Wilkinson made a motion, seconded by Councilman Wilmarth, to direct a letter be written submitting .the name of John J. (Jack) Giuliano for consideration tofilla vacancy on the State Electrical Board. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on Second Reading ' Appropriating Funds From Prior Year Reserves in the Revenue Sharing FUnd Following is the City Manager's memorandum on this item: 300 August 19, 1980 ' "This Ordinance was adopted by a 3-2 vote on August 5th and would appro- priate $45,000 from prior year reserves i.n the Revenue Sharing Fund to fund a proposed study to analyze the feasibility of a convention center complex in downtown Fort Collins." Councilman Wilmarth asked that Council reconsider the $45,000 appropriation to share in the cost of the feasibility study. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 107, 1980, on Second Reading. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, and Wilkinson. Nays: Councilman Wil- marth. THE MOTION CARRIED. Ordinance Adopted on Second Reading Amending the Sign Code Relating to Advertising on Bus Benches Following is the City Manager's memorandum on this item: "This Ordinance was adopted by a 3-2 vote on First Reading on August 5th ' and would amend the City's sign code to exempt bus benches from its pro- visions provided the owner has entered into an agreement with the City regulating the benches." Assistant City Attorney Pete Ruggiero noted that in addition to the three categories of advertising that are presently excluded by the agreement with Mr. Giacopelli, (alcohol, tobacco, and political) the staff would like to add one more category, religious advertising. He further stated that placement of the benches would be regulated under the provisions of the agreement. Councilman Wilkinson made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 108, 1980, on Second Reading. Yeas: Councilmembers Bowling, St. Croix, Wilkinson, and Wilmarth. Nays: Councilmembers Gray and Reeves. THE MOTION CARRIED. Ordinance Adopted on Second Reading Approving Contractual Agreement With Tony Giacopelli for Bus Benches Following is the City Manager's memorandum on this item: , 301 August 19, 1980 "This Ordinance was unanimously adopted on First Reading on August 5th and would authorize the City Manager to enter into an agreement for the pro- vision of bus benches with Anthony Giacopelli." Councilman Wilkinson made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 109, 1980, on Second Reading. Yeas: Councilmembers Bowling, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: Mayor Gray. THE MOTION CARRIED. Resolution Adopted Authorizing the City Manager to Extend Repay Agreements Following is the City Manager's memorandum on this item: "Bartran Homes, Inc. holds a contract with the City for repayment of a portion of the cost of installation of a 10-inch sanitary sewer main. This contract was dated November 1, 1970 and covered the 10-inch main which was extended west through a portion of the Aranci property to the Village West subdivisions. The City now owns the property (Rolland Moore Park) subject ' to the repay agreement and since there has not been any development of that property, there has been no repayment. The agreement will expire November 1, 1980, unless extended. Bartran Homes has requested this repay agreement be extended an additional ten years. Bartran Homes also holds an agreement dated March 6, 1970, providing for repayment of a portion of the cost of the 12-inch line which runs generally north and south across the former Aranci property now owned by the City. This agreement came about when Bartran Homes paid the Aranci share of that line cost under a repay agreement between the City and Bajada, Inc. and provides that Bartran Homes is to be reimbursed a portion of the amount paid by them whenever the balance of the Aranci lands now owned by the City are connected to the sewer. This Resolution would extend the two agreements for a period of time not to exceed ten years." Councilwoman Reeves removed herself from consideration and voting on this item. City Manager John Arnold noted that the memo should have included the fact that these repay agreements will cost the City approximately $12,000 at Rolland Moore Park, if we tie on to sewer. ' Councilman Wilmarth expressed concern that this action might be establish- ing a precedent for extending other repay agreements past the 10-year period of time. 302 August 19, 1980 ' Councilman Wilkinson stated that he felt the City had an obligation to extend the repay agreement in this case. City Attorney Lucia Liley responded that in the majority of cases, there is a full pay out within the first 10-year period; however, when other agree- ments have come before Council, they have automatically been extended for an additional 10-year period. Councilman Wilkinson made a motion, seconded by Councilman Bowling, to adopt the Resolution. Yeas: Councilmembers Bowling, Gray, St. Croix, Wilkinson, and Wilmarth. Nays: None (Reeves out of room). THE MOTION CARRIED. Cunningham Corner Preliminary P.U.D. Amendment Approved Following is the City Manager's memorandum on this item: "Background: This is a request to reconsider amending a portion of Cunningham ' Corner P.U.D., located at the northeast corner of Horsetooth Road and Shields Street. The proposed amendment consists of 33 patio homes, 44 townhome/condominiums, and 168 apartment/condominiums. The site is zoned R-P, Planned Residential. The commercial phase in the H-B, Highway Business zone at the intersection of Shields and Horsetooth is not being changed by this proposed amendment. The site was annexed to the City in 1977 and 26.8 acres were zoned R-P, Planned Residential and 12.4 acres, conditional H-B, Highway Business, in 1978. The condition for the H-B zone was that the uses be restricted to regional recreational uses and accessory uses. The preliminary site plan was approved by Council on December 19, 1978, with final plan review required by the Planning and Zoning Board. The final site plan was then approved by Planning and Zoning Board April 19, 1979, and by Council on June 5, 1979. An amendment to the approved P.U.D. site plan was submitted and considered by the Planning and Zoning Board at the May 27, 1980 meeting. The Board voted 4 - 2 to recommend approval of the amendment with the condition that the applicant reconsider the tennis court location. At the June 17, 1980 Council meeting, a motion to approve the request failed, 2-5. Councilmembers expressed concerns about the density of the development. 303 August 19, 1980 The surrounding zoning and land uses are as follows: N: R-L; Worthington Farms, Woodwest 7th (existing single family residences) S: R-L-P; Vacant .(Four Seasons P.U.D. Master Plan 935 residential dwelling units) E: R-P; Vacant (Park West preliminary P.U.D. proposal) W: R-P and R-M-P; Vacant (Werner Annexation - 29.5 acres R-P and 18.7 acres R-M-P), existing duplexes and Wagonwheel Subdivision (371 single family dwellings, zoned R-L-P) Land Use Data: (Note: Data listed below and under the "Amendment" column reflect information from the most recently submitted site plan.) Total Gross Land Area: 1,706,332 sq. ft. (As platted and Recorded) (39.17 acres) Lot 4, Block 5 was deleted from final P.U.D. submission 67,474 sq. ft. Adjusted Gross Land Area Phase Densities Patio Homes Townhome/Condominiums Apartment/Condominiums Coverage Breakdown Building Coverage Driveway Coverage Patio Homes Townhomes 1,638,858 sq. ft. (37.62 acres) 8.2 acres 33 DU 4.0 DU/AC 7.8 acres 44 DU 5.6 DU/AC 9.5 acres 168 DU 17.7 DU/AC Original Plat Amendment sq.ft. sq.ft. % 286,750 13,680 28,570 Off Street Parking Apartment/Condos 67,487 Commercial 234,934 Total 344,671 Public Street R.O.W. 357,004 Total Open Space 650,433 On Lot Open Space Total Active Open Space 253,471 Residential Density 7.2 DU/AC (25.542 Acres) 17.5% 233,380 14% 11,880 16,975 104,500 234,934 21% 339,434 21% 22% 294,648 18% 39.5% 602,805 38% 152,386 9% 15% 309,293 19% 9.6 DU/AC 304 August 19, 1980 Parking Spaces Original Plat Amendment Commerical 421 421 Patio Homes 76 66 Townhomes 124 88 Condominiums 154 292 Total 775 867 Building Types Original Plat Amendment Patio Homes 2 or 3 Bedroom Units 18 3 Bedroom Units 20 Total 38 Total Floor Area 49,800 sq. ft. Sq. Ft. Land Coverage 49,720 sq. ft. Townhome/Condominiums 2 or 3 Bedroom Units 62 Total Floor Area 124,000 sq. ft Sq. Ft. Land Coverage 89,280 sq. ft Apartment/condominiums 1 Bedroom Units 2 Bedroom Units 3 Bedroom Units Total Total Units Total Floor Area Sq. Ft. Land Coverage Commercial Sq. Ft. Coverage/ Floor Area Discussion: 79 12 91 191 91,000 sq. ft 48,350 sq. ft 22 11 —30- 40,700 sq. ft. 44,770 sq. ft. 44 66,000 sq. ft. 26,400 sq. ft. 42 126 168 245 174,972 sq. ft. 58,850 sq. ft. 99,400 sq. ft. 101,400 sq. ft. The following indicate changes to the approved site plan as proposed by the amendment presently being reconsidered: 1. Several changes have been made in the circulation system at staff's request. Windmill Drive has been shifted to the eastern property line. Marathon Drive has become a cul-de-sac, renamed Marathon Court, and Medallion Drive has been deleted. 305 August 19, 1980 2. Five patio home lots in Phase One have been deleted. The detention area has been increased and three tennis courts and a'shelter have been added in this phase. The tennis courts and shelter have been shifted south, away from the property to the north. The original jogging trail throughout the development has been retained. 3. Eighteen dwelling units have been deleted in Phase Two, providing additional open space. The concept of townhome units has been changed to townhome/ condominiums with private driveways and sidewalks to the open space areas. The units have been re -oriented on east/ west axes. The commercial area in Phase Two was deleted from the final P.U.D. site plan. This area has now been included in the proposed amendment with the access internally off Marathon Court. Total area of this commercial site is 9,800 square feet. 4. The concept of condominium units in Phase Three has been changed to apartment/condominiums and the number of dwelling units has been increased to 168 units from the approved 91 units. The initial amendment request was for 216 units in Phase Three, giving an over-all density of 11.47 DU/AC. The proposed over-all density is now 9.6 DU/AC. This has been achieved by eliminating four twelve-plex build- ings. Phase Three has been designed to cluster the buildings around open space where possible. As a result, cluster areas have been formed in both the north and south areas of the Phase. The applicant has relocated one of the apartment/condominium buildings in the central area of Phase Three, which was a condition of approval by the Planning and Zoning Board. Pedestrian walkways to the commercial phase and to the tennis courts are provided, as are walkways within Phase Three between the buildings and open space areas. Recommendation: Staff feels that the applicant has provided a better site design than was originally approved, specifically by addressing the circula- tion and the clustering of units around open space in Phase Three. The site plan submitted for reconsideration has decreased the apart- ment/condominium phase densities, as well as the over-all density, and moved the tennis courts farther south from the existing single-family dwellings in Woodwest. The central area of Phase Three has been revised, relocating one of the buildings inward toward the H-B area. This provides more of a clustered effect in this area, while retaining a visible connection with the open space in Phase Two. The Staff and the Planning and Zoning Board recommend approval of the project (#39-80)." Planning Director Curt Smith reviewed the history of this item and gave a brief slide presentation on the changes that have been made by the devel- oper. 306 August 19, 1980 ' Les Kaplan, representing the applicant, further explained the revisions that had been made, noting that the replat has 56,000 additional square feet of active open space and reduces the street right-of-way from 22% to 18%. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to approve Cunningham Corner Preliminary P.U.D. Amendment. Yeas: Council - members Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Tabled on First Reading Amending the Zoning Ordinance Relating to Group Homes in Residential Areas Following is the City Manager's memorandum on this item: "This proposed ordinance would: 1. Require by definition that group homes be operated as single dwellings and be licensed by an appropriate governmental agency. ' 2. Allow group homes in all residential zones, but restrict their size and scale in each zone to that of the other residential uses allowed in that zone. 3. Establish minimum distance separation requirements between group homes. The zoning ordinance at present makes no specific provision for group homes. The proposed amendment is intended to provide adequately for the increasing utilization of group homes within the community, but to require that they be physically compatible with their neighborhood and that they not be over concentrated in any neighborhood. The attached Planning staff report discusses the need for the City to establish regulations to direct the location and development of group homes. It also provides general background information on group homes as well as a survey of zoning ordinance treatments of this use elsewhere. The issue and the proposed ordinance have received considerable discussion before the Planning and Zoning Board. The staff and the Planning and Zoning Board recommend approval of the ordinance (#56-80)." Senior Planner, Paul Diebel commented on the ordinance inoting that it had of ' been prompted by specific requests for oper.ation of group homes outside the R-H zone. 307 I August 19, 1980 Ile summarized a report that had been prepared for the Planning and Zoning Board explaining that it identified the primary concerns of the City with respect to group homes. The concerns being: that they be operated pro- perly and that the residents pose no threat to health and welfare of the community in general or the neighbors in the particular; that the size and scale be consistent with the general characteristics of the neighborhood in which it is located and; that group homes not be overly concentrated in any one neighborhood. The proposed ordinance addresses those concerns. Betty Jo White, 321 S. Sherwood, a neighbor of a group home, expressed her support for the group home concept. Councilman Wilkinson expressed his concern that the ordinance does not offer protection to the individuals in the neighborhood and felt there needed to be some discussion on other unanswered questions. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to table Ordinance No. 118, 1980, on First Reading to a work session within the next 60 days. Yeas: Councilmembers Bowling, St. Croix, Wilkinson, and Wilmarth. Nays: Councilmembers Gray and Reeves. THE MOTION CARRIED. Other Business A. Award of Bid for Shields Street Sidewalk District #8. Following is the City Manager's memorandum on this item: At 2:00 P.M., August 19th, the City received -bids for the construction of this project. Bids are tabulated as follows Kiefer Concrete $.25,714.36 Lang -Murphy 25,951.00 Song Bird Construction 31,614.76 Engineers Estimate 24,604.00 The low bid from Kiefer Concrete exceeded the Engineers estimate by $1,110 or 4.5%. The project budget is detailed as follows: ' Engineering Right of way Construction Contingency Total Original Revised $ 4,850 $ 3,878.20 * 29,300 20,290.00 * 9,400 25,714.36 2,050 1,300.00 45,600 3 51,182.56 308 August 19, 1980 ' Less assessable construction costs $ 4,711.00 Total in excess of budget�I.-5� *Funds already committed or encumbered An additional $871.56 would be transferred to the project from the 1980 Streets Contingency Fund. Construction on the project should begin in approximately 2 weeks with 20 working days permitted for completion. The staff recommends award of the bid to Kiefer Concrete for $25,714.36." Councilman Bowling made a motion, seconded by Councilman St. Croix, to award the bid to Kiefer Concrete for $25,714.36. Yeas: Council - members Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Adopted Authorizing the Execution of a Quit Claim_Deed for the Benefit of Medema Homes J_ ' Assistant City Attorney, Pete Ruggiero, explained that this Resolution was needed because of a discrepancy between the platted boundary of Golden Meadows Subdivision, 3rd Filing, and the fence which marks the existing boundary of the subdivision that borders Collindale Golf Course. The City and the developer both feel the problem can be resolved if the City would quit claim to the developer a strip of land varying from 2' to 9' in width along the south border of the golf course in exchange for an agreement in which the developer would construct a fence along the boundary of the golf course and the subdivision. The Resolution was read at length by City Clerk, Wanda Krajicek. Councilman Wilmarth made a motion, seconded by Councilman St. Croix, to adopt the Resolution as presented. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Executive Session Authorized Councilman Bowling made a motion, seconded by Councilman Wilkinson, to ' adjourn the meeting into Executive Session for the .purpose of discussing legal matters and land acquisition. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, and Wilkinson. Nays: Councilman Wilmarth. 309 THE MOTION CARRIED Adjournment August 19, 1980 At the conclusion of the Executive Session, Councilman Bowling made a motion, seconded by Councilman St. Croix, to adjourn the meeting. Yeas: Councilmembers Bowling, Gray, Reeves, and St. Croix. Nays: None. (Coun- cilmembers Wilkinson and Wilmarth did not attend Executive Session). THE MOTION CARRIED. The meeting adjourned at 9:00 p.m ATTEST: City Clerk' 310