HomeMy WebLinkAboutMINUTES-10/07/1980-RegularOctober 7, 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, October 7, 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, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth.
Absent: Mayor Gray.
Staff Members Present: Arnold, Liley, Krajicek, Lewis, C. Smith, Mabry,
Ruggiero, and R. Wood.
Rawhide Update
Council was given an update on Platte River Power Authority's Rawhide
project via a brief film presentation.
Agenda Review: City Manager
City Manager John Arnold asked that Item #8, Second Readies of Ordinances
Annexing and Zoning the Blehm Annexation, and Item#24, Resolution Approv-
ing ommunity Deve opment Bloc Grant Private/Public Partner Tip Project,
be removed from the Consent Calendar.
Councilman Wilkinson asked that Item #11, Hearinq_ and First Reading of"
Ordinance No. 129, 1980, Adopting by Reference the Uniform Building Code,
1979 Edition, Volume , and the Uniform Bui ding ode tandards, i9/9
Edition, Item 2, Hearing and First Reading of Ordinance No. 130, 198U,
dIT opteng by Reference the U m form Mechanica Code, 1979 Edition, Item�13,
Baring and first eadin o r fnance No. op by Reference
the Uniform Plumbing ode, 979 Edition, and Item Heariny and First
Reading of Ordinance No. 3� 2, 1980, Relating to Elections, be removed from
the Consent Calendar.
345
October 7, 1980 '
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.
5. Consider approval of the Minutes of the Regular Meeting of September
16, 1980.
6. Second Readin of Ordinance No. 122, 1980, Annexing Property Known as
KroepelAn on.
This Ordinance was adopted on First Reading on September 16 by a 4-1
Vote and is a request to annex 143 acres located north of County Road
34 and east of County Road 13 (Lemay Avenue extended).
7. Second Reading of Ordinance No. 123, 1980, Zoning Property Known as
Kroepel Annexation.
This Ordinance was unanimously adopted on First Reading on September
16 and is a request to zone the 143 acre Kroepel annexation, RLP, Low '
Density Planned Residential.
8. Second Reading of Ordinances Annexing and Zoning the Blehm Annexation.
A. Second Reading of Ordinance No. 124, 1980, Annexing Property
Known as Blehm Annexation.
B. Second Reading of Ordinance No. 125, 1980, Zoning Property Known
as Blehm Annexation.
These Ordinances were adopted on First Reading on September 16 and
would annex and zone 143 acres located south of County Road 34 and
east of County Road 13 (Lemay Avenue extended).
Because this property gains its necessary contiguity from the proposed
Kroepel annexation directly to the north, it is necessary to table the
Second Reading of both the annexation and zoning ordinances to October
21 to allow the Kroepel annexation to go into effect.
9. Second Readinq of Ordinance No. 126, 1980, Relating to Excavation
Permits.
This Ordinance was unanimously adopted on First 1Reading on September
16 and abolishes blanket excavation permits and requires that the
location, size, width, and schedule of planned excavations be submit-
tedIat the time the permit is obtained.
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October 7, 1980
10.
Second Readin of Ordinance No. 127, 1980, Appropriatin Unanticipated_
Revenues in the omm5 ations Grant Fund Fund 2
This Ordinance was unanimously adopted on First Reading on September 16
and would appropriate $24,317 in the Communications Grant Fund and
will be used for the purchase of communications equipment in the
Police Department.
11.
Hearin and FiReadin Ordinance No. 129, 1980, Adopting by
mrst
diof
Re erence t e ni oru1 n o e,Edition, volume I, and t e
Uniform Building Code Star ition.
This Ordinance would adopt the 1979 Edition of the Uniform Building
Code which has been thoroughly reviewed by all interested individuals
and parties involved in building designing, building construction, and
code enforcement.
12.
Hearin and First Readin of Ordinance No. :30, 1980, Adopting by
Reference the ni OF Mechanica ode, 9 9 Edition.
This Ordinance would adopt the 1979 Uniform Mechanical Code which was
reviewed by the Mechanical Code Committee.
'
13.
Hearin and First Readin of Ordinance No. 131, 1980, Adopting by
Reference the Uniform P umbinq Uode, 9 dition.
This Ordinance would adopt the 1979 Uniform Plumbing Code which was
reviewed by the Plumbing Code Committee.
14.
Hearinq and First Reading of Ordinance No. 132, 1980, Relating to
Elections.
This Ordinance adopts a new District Precinct Map, sets the polling
places for the 54 precincts, and increases the compensation paid to
election judges from $30 to $40 and raises rental for polling places
from $14 to $20.
15.
Hearin and First Readin of Ordinance No. 133, 1980 Zoning Property
Known as the Rue roper*_y.
This is a request to zone 3.7 acres, located 1/4 mile south of Harmony
Road and east of County Road 13 (Lemay Avenue extended) to B-P,
Planned Business.
16. Hearinq and First Readinq of Ordinance No. 134, 1980, Vacating 6,
' Easement and De&i-cation o as,ement, irst Replat of Whalers
ove.
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October 7, 1980 '
This is a request to vacate a portion of the dedicated easements
along the northerly right-of-way line of Whalers Way; along the
southerly lot lines of Lots 41, 42, 43, 44, 45, and 45 A, being a
portion of the First Replat of Whalers Cove.
17. Hearing and First Reading of Ordinance No. 135, 1980 VacatingEase-
ments between Lots 4, 15 and 2 , 2 . Bock 4, Fox Meadows.
m
19.
20
This is a request to vacate the easements along the southerly sides of
Lots 14 and 21 and the northerly sides of Lots 15 and 20 in Block
4 of the Fox Meadows Subdivision.
Hearing and First Readi
NT_arm vstems.
of Ordinance No. 128, 1980, Relating to
Since the enactment of our alarm ordinance, we have discovered sec-
tions which cause confusion, reduce effective enforcement and in-
crease duplication of effort. The attached amendments will eliminate
these problems and are necessary for equitable enforcement and more
cost effective maintenance of the program.
arin�c and First Reading oT' Ordinance No. 136, 1980, Appropriati
antTCTpat�es in the General Fund.
This ordinance will appropriate $400 for construction, tools, con-
tainers, and clothing associated with the Milkhouse Project and $8,000
for additional communication equipment to upgrade the dispatch ser-
vices system.
aring and First Reading of Ordinance No. 137, 1980, Appropriati
for Ye
Reserves 1n t--fie o f tuna.
On July 1, 1980, the City entered into an agreement for the lease/
purchase of golf carts for the golf courses. This ordinance will
appropriate $7,493 for the 1980 lease payment on all golf carts.
21. Resolution Authorizin the Appointment of Two Alternate Members to the
_-___To_ oar o Appea s.
This Resolution would authorize the appointment of two alternate
members to the Zoning Board of Appeals. The two alternate members
will be appointed by Resolution at a later date.
22. Resolution Apprin, Renewal of a Highway Lease -Agreement with Union
acT is aT roa ovompany.
The attached Resolution extends a lease agreement with the Union ,
Pacific Railroad for a .47 acre portion of the Riverside Drive -.Exten-
sion located on a railroad right-of-way.
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October 7, 1980
23. Resolution Approving Addendum to Agreement Regarding Water and
Service for CO.
-
This Resolution reflects the latest rate increases in water and sewer
services provided to CSU.
24. Resolution Approving Community Development Block Grant Private/Public
This resolution would allow leveraging $100,000.00 of CDBG funds to
rehabilitate through the private market the old Migrant Council
building (previously the Presbyterian Church) at the corner of Maple
and Grant Streets.
25. Resolution Terminatin Proceedings for Sanitary Sewer Improvement
District o.
This Resolution would terminate the proceedings for a sanitary sewer
improvement district for the area along West Mulberry Street from
Crestmore Place to Taft Hill Road that was initiated in 1977.
26. Resolutions Chan in the Name of the Lincoln Community Center to
Lincoln Center and the Name of t e Lincoln Community Center Guild to
'
the Lincoln Center League.
A. Resolution Changing the Name of the Lincoln Community Center to
Lincoln Center.
B. Resolution Changing the Name of the Lincoln Community Center
Guild to Lincoln Center League.
27. Appointment of Councilman Burt Kross to the Policy Committee of the
ML.
Adoption of the Consent Calendar will confirm the appointment of
Councilman Kross to this committee.
28. Routine Deeds and Easements.
A. Easement from the City -of Fort Collins to Public Service Company
for the installation of two gas lines to the Western Slope as
Meter Station located on the easterly boundary of the Collindale
Golf Course. Parks and Recreation has reviewed and approved the
request. The consideration for this routine easement is $1.00.
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October 7, 1980 '
B. Power line easement from Jerome I. Smith for installation of
electrical service to sprinkler r control system at 1628 East
Pitkin, located in the Replat of Eastgate First Filing. Con-
sideration: $1.00.
Ordinances on Second Reading were read by title by City Clerk, Wanda
Krajicek.
Item #6. Second Reading of Ordinance No. 122, 1980, Annexing Property
Known as Kroepe Annexation.
Item #7. Second Readinq of Ordinance No. 123, 1980, Zoning Property Known
as Kroepel Annexation.
Item #9. Second Reading of Ordinance No. 126, 1980, Relating to Excavation
Permits.
Item #10. Second Readiaq of Ordinance No. 127, 1980, Appropriatin Unanti-
cipated Revenues In the ommunicatioiis Grant Fund Fund 427 .
Ordinances on First Reading were read by title by City Clerk, Wanda Kraji- '
cek.
Item #15. Hearing and First Reading of Ordinance No. 133, 1980, Zoning
Item #16. Hearinq and First Readinq of Ordinance No. 134, 1980, Vacating 6'
Easement an edicat�O'Easement, First Replat of Whalers
-Co ve.
Item #17. Hearing and First Reading of Ordinance No. 135, 1980 Vacating
Easements between Lots 14, 1 and 20, 21. Block 4, Fox Meadows.
Item #18. Hearin and First Readingof Ordinance No. 128, 1980, Relatin
arm ystems.
Item #19. Hearing and First Reading of Ordinance No. 136, 1980, Ap
priating Unanticipated Revenues in the General Fund.
Item #20. Hearin and First Readin of Ordinance No. 137, 1980, Ap
priating rror ear eserves in t eGolf Fund.
Councilman Wilkinson made a motion, seconded by Councilman Reeves, to adopt
and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Bowling, Kross, Reeves, St. Croix, �Wtlkinson, and Wilmarth. ,
Nays: None.
THE MOTION CARRIED.
350
October 7, 1980
Ordinances Annexing and Zoning
Blehm Annexation, Tabled to October 21
Following is the City Manager's memorandum on this item:
"A. Second Reading of Ordinance No. 124, 1980, Annexing Property Known as
Blehm Annexation.
B. Second Reading of Ordinance No. 125, 1980, Zoning Property Known as
Blehm Annexation.
These Ordinances were adopted on First Reading on September 16 and would
annex and zone 143 acres located south of County Road 34 and east of County
Road 13 (Lemay Avenue extended).
Because this property gains its necessary contiguity from the proposed
Kroepel annexation directly to the north, it is necessary to table the
Second Reading of both the annexation and zoning ordinances to October 21
to 'allow the Kroepel annexation to go into effect."
' Councilman Bowling made a motion, seconded by Councilman Wilkinson, to
table Ordinances No. 124 and No. 125, 1980, on Second Reading to October
21. Yeas: Councilmembers Bowling, Kross, Reeves, St. Croix, Wilkinson,
and Wilmarth. Nays: None.
THE MOTION CARRIED.
Ordinance Adopting by Reference the
Uniform Building Code, 1979 Edition,
Volume I, and the Uniform Building Code
Standards, 1979 Edition, Adopted
Following is the City Manager's memorandum on this item:
"The 1979 Edition of the Uniform Building Code has been thoroughly reviewed
by all interested individuals and parties involved in building designing,
building construction, and code enforcement. The review process consisted
of the following:
1. When the 1979 edition became available, Building Inspection invited
architects, engineers, designers, and all licensed contractors to a
series of evening meetings to explain the changes in the new edition
and the rationale for the changes. Building Inspection urged the
' participants to submit any code changes they felt appropriate to
the Code Change Committee.
351
October 7, 1980 '
2. The Code Change Committee and staff met weekly for several months
reviewing all code changes submitted by individuals and groups, in-
cluding Committee members and Building Inspection.
3. Code changes approved by the Code Committee were presented to the
Building Board of Appeals for their review. .
4. The 1979 Uniform Building Code and the proposed changes herein are
recommended to the Council for adoption by the Building Board of
Appeals and the Code Change Committee.
Many of the proposed code changes have previously been adopted and have
proven, by performance, to be reasonable and adequate code requirements.
Staff recommends adoption."
Councilman Wilkinson stated that he felt the three building code items
(building, mechanical, and plumbing) needed to be treated as a public
hearing in order to receive public comment.
Assistant Mayor Wilmarth asked if any persons in the audience wished to
make a comment regarding these codes. '
Hearing no comments, Councilman Wilkinson made a motion, seconded by
Councilman Bowling, to adopt Ordinance No. 129, 1980 on First Reading.
Yeas:. Councilmembers Bowling, Kross, Reeves, St. Croix, Wilkinson, and
Wilmarth. Nays: None.
THE MOTION CARRIED.
Ordinance Adopting by Reference the
Uniform Mechanical Code, 1979 Edition, Adopted
Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to
adopt Ordinance No. 130, 1980, on First Reading. Yeas: Councilmembers
Bowling, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Ordinance Adopting by Reference the
Uniform Plumbing Code, 1979 Edition, Adopted
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to
adopt Ordinance No. 131, 1980, on First Reading. Yeas: .Councilmembers
Bowling, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None. I
THE MOTION CARRIED.
352
October 7, 1980
Ordinance Relating to Elections, Adopted
Following is the City Manager's memorandum on this item:
"A regular municipal election will be held on April 7, 1981. Four District
representatives will be elected to serve on the City Council. The Charter
requires that District boundaries be set at least six months before such an
election. The precincts must be established at least 90 days before the
election, so the Precinct Map may be adopted now.
The attached Ordinance adopts a new District Precinct Map, which is being
sent to you under separate cover for your review. We have combined the
District and Precinct maps into one for the sake of simplicity. District
boundaries have been drawn so as not to divide any precinct. There are
approximately the same number of registered voters within each district,
based on 1980 registration figures.
Precincts Within Districts Registered Voters
District 1 14 6,977
District 2 13 6,966
' District 3 13 6,939
District 4 14 6,590
The Ordinance also sets the polling places for the 54 precincts. We will
have two precincts more than at the last election because of growth in the
southeastern part of the City. The new precincts and polling places
correspond as closely as possible with County precincts, as required by
State law.
This Ordinance also increases the compensation paid to election judges from
$30 to $40 to equal the compensation paid to judges for County elections.
The rental for polling places is being raised from $14 to $20 to make our
payment equal to rental paid by the County.
Funds are budgeted in 1981 to cover these increased election costs."
Councilman Wilkinson noted that he felt this item should be a public
hearing due to its significance.
Councilwoman Reeves expressed her concern that the districts on the map
should be made more straightforward or compact.
City Attorney Liley responded that staff could take some time to look at
it if that was Council's desire and suggested the item be tabled and then
' discussed at the October 14 work session.
353
October 7, 1980
'
Councilwoman Reeves
made
a motion to table
Ordinance No. 132, 1980, to
October 21
and to discuss
it at the October
14 work session.
The motion
died for
lack
of a second.
Councilman
Bowling
made
a motion, seconded
by Councilman Kross, to adopt
Ordinance
No. 132,
1980,
on First Reading.
Yeas: Councilmembers Bowling,
Kross, St.
Croix,
Wilkinson, and Wilmarth.
Nays: Councilwoman Reeves.
THE MOTION CARRIED.
Resolution Approving Community Development
Block Grant Private/Public Partnership Project, Adopted
Following is the City Manager's memorandum on this item:
"Council previously approved and submitted to HUD the 1980-81 Community
Development Block Grant (CDBG) program. One of the projects in that
program provides $225,300.00 for rehabilitating homes in the three neigh-
borhood stategy areas. Council approval of this resolution would allow
leveraging $100,000.00 of those funds to rehabilitate through the private
market the old Migrant Council building (previously the Presbyterian '
Church) at the corner of Maple and Grant Streets.
This private/public partnership project would work as follows.
1. HUD would give permission to the City to drawdown immediately
$100,000.00 from the $225,300.00 project and to deposit the $100,000.00
in an interest bearing account at Home Federal Savings and Loan Associ-
ation. (Normally, the $100,000.00 could be drawndown from HUD only
within three days of the date it was to be expended.)
2. The owner of the building, Dr. Stan Klemetson, will be granted a
rehabilitation loan by Home Federal in accordance with their customary
loan procedures.
3. The proceeds of the rehabilitation loan will be used to rehabilitate
the building into six condominium units for sale to low/moderate income
people with permanent financing through the Colorado Housing Finance
Authority.
4. The $100,000.00 CDBG deposit in Home Federal will be held as collateral
for the rehab loan to Klemetson and released when the rehab loan is
converted to a permanent loan.
5. Interest earned on the $100,000.00 deposit will be used,for additional
;housing rehabilitation. '
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1
October 7, 1980
The concept is sound and allows public funds to be used to leverage private.
investment without consuming public funds. HUD personnel have met with
Home Federal personnel to work out the details of the program.
These agenda materials are being prepared before this matter is considered
by the Housing Rehab subcommittee of the CDBG Citizens Steering Committee.
If the subcommittee has any concerns about the project, they will be
presented to Council at the meeting. Otherwise, staff recommends approval
of this resolution."
Director of Planning, Chuck Mabry, gave Council a brief update on the
project.
Councilman Kross made a motion, seconded by Councilwoman Reeves, to adopt
the Resolution approving CDBG. Yeas: Councilmembers Bowling, Kross,
Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Motnyk P.U.D., Tabled Indefinitely
Following is the City Manager's memorandum on this item:
"General Information
The petitioner is requesting preliminary planned unit development approval
for 3.65 acres consisting of 24 townhome units. The site is generally
located north of Mulberry Street, between 2620 and 2600 West Mulberry
Street. The property is zoned RLM, Low Density Multiple -family District,
and is presently improved with a wood frame building (to be removed). The
surrounding zoning and land uses are as follows:
N: FA1, Vacant
S: RL, exising single-family residences
E: FA1, existing single-family residence
W: FA1, existing single-family residence
Site Data
Total Units
Bedroom mix
Density
Total Floor Area
Maximum Building Height
355
34
34 - 3 bedroom
6.6 DU/acre
47,808 sq. ft.
"Regular" unit — 27'
"Walk -out rear" unit - 35'
October 7, 1980
Gross area 158,994 sq. ft. 3.65 acres 100%
Total Open Space 78,844 1.81 acres 50%
Active Open Space 36,155 .83 acres 23%
Net Building Coverage 20,160 sq. ft. .46 acres 13%
Drive and Parking 40,389 .90 acre 25%
Public Right of Way 3,080 .07. 2%
Staff Recommendation
The staff recommends approval of the preliminary plat of the Motnyk P.U.D.
Planning and Zoning Board Recommendation
At their regular business meeting on August 25, 1980, the Planning and
Zoning Board recommended approval of the preliminary plat of the Motnyk
P.U.D. (#75-80) subject to the following conditions:
1. That all necessary utilities be available at the site in a capacity to
service the proposed development, and that the adequate fire access to
each of the units be approved by the Fire Department.
2. That the irrigation ditch problem be resolved.
3. That additional fencing be provided which would assure privacy of
surrounding properties as well as protect the site from wandering
livestock.
4. That the design of the active open space area be adequate for its
intended recreational use. If not, the density of the plan be reduced
5. That the Planning and Zoning Board have the opportunity to review the
final P.U.D. plans.
Petitioner Response:
The petitioner understands and agrees to the Planning and Zoning Board
recommendations."
The following persons spoke in opposition to the project:
1. Rex Burns, 223 S. Sunset Street, who noted if Sunset were extended it
would go through his property. He stated that he would not sell or
give any right-of-way for sewer or anything else.
2. Doug Weitzel, 2630 W. Mulberry, who spoke on the ditch, drainage and
fencing problems.
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IOctober 7, 1980
3. Karen Kippers, 2610 W. Mulberry, who expressed concerns regarding
fencing, dogs at large, density and drainage.
4. Dave Jehn, 2609 W. Mulberry, who expressed the same concerns and
presented slides to illustrate those concerns.
5. Keith Goosman, 556 S. Summitview, representing Poudre R-1 District,
expressed concern over the possible loss of irrigation water at Poudre
High.
Councilman Wilkinson made a motion, seconded by Councilman St. Croix,
to table Motnyk P.U.D. Preliminary plans indefinitely and to request the
developers to come back with plans that address the ditch, drainage and
fencing problems. Yeas: Councilmembers Bowling, Kross, Reeves, St. Croix,
Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
City Attorney Liley requested clarification asking if preliminary engineer-
ing design rather than final would satisfy Councilman Wilkinson's motion.
Councilman Wilkinson replied that both the drainage and ditch problems need
to be addressed and that at least preliminary engineering drawings would be
necessary to be sure the problems are solved. He suggested that Mr.
Weitzel be contacted because of his knowledge of the area and its problems.
Council recessed for dinner at this point and announced items 30-34 would
be heard at the end of the agenda.
Citizen Participation
A. Proclamation Naming the Month of October as Toastmistress Month.
Presented to Izeta Shaw, President of Columbine Toastmistress Club.
B. Proclamation Naming the Week of October 12 as Lincoln Center Second
Birthday Week.
Presented to Dave Siever, Lincoln Center.
C.. Proclamation Naming October 11-12 as days to be Observed to Help the
Mentally Retarded by Participating in Knights of Columbus Tootsie Roll
Sale.
11 Delivered.
357
October 7, 1980
Councilmembers' Reports
Councilman Bowling announced that the airport ad -hoc committee had met and
that Dottie Nazarenus would be sending minutes of that meeting to all
Councilmembers.
Councilman Wilkinson made a motion to adjourn into Executive Session to
discuss personnel matters.
The motion died for lack of a second.
Councilman Wilkinson expressed concern about the Library lobby being used
for political purposes.
Councilman Bowling stated he felt the issue should be left to the City
Manager for his action.
Councilman Wilmarth expressed agreement with Mr. Wilkinson but stated his
opposition to the Executive Session.
Discussion and Public Hearing
for the Recommended 1981 Budget
City Manager John Arnold made opening comments preliminary to the citizen
input. He spoke of the process that was followed after the last hearing,
noting that written responses had been sent to all those who had commented
at that hearing.
He then clarified several misunderstandings with regard to the library and
the level of expenditures made at the library.
The following persons spoke at the public hearing:
1. John Gregory, 6325 Ridgewood Drive, Energy Extension Service of
Northeastern Colorado, requested $8,000 for support of energy conser-
vation in this area.
2. Dr. Jim Mangle, 2642 Shadow Court, President of Fort Collins Symphony
Society, requested financial support for 2 outdoor concerts for the
summer of 1981.
3. Don Morgan, 1905 Kedron Court, Chairman of the Library ,Board, expres-
sed concern that the Library was cut proportionately.more than other
General Fund departments and also expressed concern about supplemental
requests for the Library.
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October 7, 1980
4. Greg Suniga, 2802 LaPorte Avenue, asked if softball fees would be $450
in 1981. City Manager John Arnold responded that 1981 Budget main-
tained the $350 fee.
5. Dana Bornheim, 1204 Hillcrest, questioned when new ballfields would be
built at Rolland Moore Park.
6. Mark Thomas, 1919 Southdown Court, wanted softball fees adjusted to
fees in other communities, wanted recreation programs subsidized by
the General Fund, asked about "hidden costs" and questioned the number
of ballfields and number of teams participating.
7. John Kramer, 2507 Myrtle Court, stated he would like to form an
athletic association.
8. Gerald Horak, 2548 W. Orchard Place, expressed dissatisf-ction with
response from previous public hearing.
9. Marj Walsh, 3124 Swallow Place, indicated City's request for Section
18 funds should have included more money for Care -A -Van.
10. Jan Sheppard, 3001 Knox Drive, LaPorte, member of the Parks and
Recreation Board, reaffirmed priorities established by the Board.
11. Nancy York, 130 S. Whitcomb, spoke regarding need for more emphasis on
bike paths and public transit rather than on streets.
This concluded the second public hearing on the 1981 Recommended Budget.
The meeting of the Board of Directors of General Improvement District #1
was called to order at this point.
The regular meeting of the City Council reconvened at 8:50 p.m.
Public Hearing on Airport Master Plan Update
Following is the City Manager's memorandum on this item:
"This is the first of two public hearings on the Airport Master Plan Update
prepared by CH2M Hill. The second hearing and adoption of the Plan will
be scheduled for October 21st.
In November, 1979, the two cities of Loveland and Fort Collins contracted
with CH2M Hill (Denver) to update the Airport Master Plan. The FAA has
funded 80% of the costs. An advisory Committee was appointed, which
consisted of three members from each city and three members from Larimer
LIM County.
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October 7, 1980
1
During the subsequent ten months, six public meetings have been held in
Loveland and Fort Collins as various phases of the plan were completed. An
information briefing was given on July 28th for the Larimer County Commis-
sioners by the two city managers, and a public hearing was held on June
30th on the Environmental Impact Assessment Report section of the Plan.
The Plan is now completed and has been reviewed by the FAA and the Airport
Advisory and Ad Hoc Committees.
The final draft of the Plan is being sent to Council under separate cover."
No one appeared to comment on the Airport Master Plan Update and Assistant
Mayor Wilmarth declared the public hearing to be at an end.
Designation of Voting and Alternate
Voting Delegates at National
League of Cities Conference —
Following is the City Manager's memorandum on this item:
"Council needs to designate a voting and an alternate voting delegate to
represent the City of Fort Collins in the Annual Business Session at the
NLC Congress of Cities to be held in December in Atlanta. The deadline for
designation of these delegates is October 13th. The voting delegate for
Fort Collins will be able to cast two votes for this City."
Councilman Bowling made a motion, seconded by Councilman St. Croix,
to designate Nancy Gray as the voting delegate and Peggy Reeves as the
alternate voting delegate. Yeas: Councilmembers Bowling, Kross, Reeves,
St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution Adopted Making Appointments
to the Senior Citizens Board
Following is the City Manager's memorandum on this item:
"Vacancies exist on the Senior, Citizens Board. Council needs to confirm
the appointment of former alternate Ralph Martinsen as a regular member of
the Board.
A new alternate needs to be appointed to fill the vacancy created by
Martinsen's appointment. Applications for this .Board are being sent under
separate cover for your review."
Councilman Wilkinson inquired why the word "occupation" did not appear on
the new Boards and Commission application. 0
360
October 7, 1980
City Manager John Arnold stated he would check into this.
Councilman Wilkinson then expressed disappointment that the Council was
reconsidering applicants that had been considered at the time of the July
appointments and asked how long applications are kept on file.
City Manager John Arnold suggested a review of the procedures might be in
order and stated staff would work on the suggested procedures and bring
them back for review.
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves,
to adopt the Resolution appointing Ralph Martinson as the regular member
and Sally Kleine as an alternate member. Yeas: Councilmembers Bowling,
Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution Adopted Initiating Consolidated
Alley -Sidewalk Improvement District No. 11
Following is the City Manager's memorandum on this item:
"The City staff recommends the formation of a Consolidated Improvement Dis-
trict for the paving of the alley between Meldrum and Sherwood Streets from
West Mountain to LaPorte Avenue and the completion of the sidewalk along
the north side of Stuart Street from Stover Street to Spring Meadows
Court.
In order to proceed with the improvement district, it would be necessary
for the City Council to adopt a resolution which would state the nature and
location of the improvement to be made, describe the area to be assessed,
and direct the Director of Public Works to prepare plans, specifications
and an estimate of total cost."
Councilman Kross asked that the record show he withdrew from discussion
or vote on this item.
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves,
to adopt the Resolution. Yeas: Councilmembers Bowling, Reeves, St. Croix,
Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
h%
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October 7, 1980 1
Ordinance Adopted Establishing the
Planning and Zoning Board as Final Authority
on Preliminary and Final Subdivisions and
Planned Unit Developments with an
Appeal of Their Decision to the City Council
Following is the City Manager's memorandum on this item:
"Background:
At a joint work session of the City Council and the -Planning and Zoning
Board, the staff was directed to prepare an ordinance which would give the
Planning and Zoning Board final authority for review of preliminary and
final subdivisions and planned unit developments. The ordinance was also
to include an appeal process where the applicants or concerned citizens
could appeal any decision of the Planning and Zoning Board to the City
Council.
Discussion:
Two draft ordinances are presented for Council review and consideration.
The only difference between the two ordinances is the process for appeal.
Draft A would establish an on the record appeal and Draft B would establish
an appeal for a new hearing by the City Council. Each of these approaches
has advantages and disadvantages as outlined below.
Draft A - On the Record Appeal
Advantages:
1. Minimize the time required by the Council in hearing appeals.
2. Would be consistent with the appeal process from other City
Boards and Commissions such as ZBA, BBA, and Liquor Board.
Disadvantages:
1. The Planning Division would require a budget increase of $1,500 -
$2,000 to cover the costs of having a verbatim record of the
Planning and Zoning meeting and transcribe the minutes of any
appeal. The Planning Division does not have sufficient clerical
support to absorb this work load.
2. The staff is concerned with maintaining an open public hearing
before the Planning and Zoning Board and .,the City Council. The
staff is concerned that this process would.`encourage over profes-
sionalization of presentations to the Council and the'Planning
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IOctober 7, 1980
and Zoning Board thereby discouraging the non-professional
citizen from participating in the review.
Draft B - New Hearing Before Council
Advantages:
1. Maintains the informality of the present hearing process.
2. The present clerical staff in the Planning Division would handle
any and all appeal documents.
Disadvantages:
1. The Council would spend more time on appeals than under Draft
A.
2. The Planning and Zoning appeal would be inconsistent with the
other appeal processes from City Boards and Commissions.
Recommendations:
The staff recommends that Draft B of the attached ordinance be adopted.
The Planning and Zoning Board at their meeting on August 25, 1980, recom-
mended adoption of Draft A on a 4-2 vote."
Planning Director Curt Smith discussed the options available in drafts A
and B noting that both effectively transfer the final authority for preli-
minary and final subdivisions and P.U.D.'s from the Council to the Planning
and Zoning Board with an appeal process to the City Council. The differ-
ences between A and B deal with the nature of the appeal process.
Councilman Kross asked if Council could initiate the appeal process and if
there were provisions for the transitional period.
City Attorney Lucia Liley replied that both items could be included as
amendments to the Ordinance and could. be handled in any way Council de-
sired.
Councilman Wilkinson stated that he planned to vote against this Ordinance
regardless of which draft (A or B) was proposed for adoption.
Councilman Bowling expressed agreement with draft B saying the process was
long overdue.
Councilman St. Croix supported draft B saying it was a less drastic move
and cleaner. He predicted the number of appeals would be limited and did
hil not want an unnecessary obstruction in the way of those who might wish to
appeal.
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October 7, 1980 1
Councilwoman Reeves supported draft B but expressed concern about the way
information would filter from Planning and Zoning to Council. She ques-
tioned the $25 appeal fee.
Councilman Kross expressed preference for draft A but noted that he didn't
feel strongly enough about it not to go along with Council majority who
apparently support draft B.
Assistant Mayor Wilmarth stated he was in favor of draft A but also would
go along with draft B as he was reluctant to sacrifice the whole process
over that one difference.
Councilman Bowling recommended elimination of the $25 appeal fee and
suggested the Ordinance be reviewed in 12 months to see what changes need
to be made at this time.
Councilman Wilkinson stated he would go along with draft B of the Ordinance
if one ,Year from the date of adoption there was a total review of the
process with staff, Council, and the Planning and Zoning Board at a work
session.
Councilman Bowling asked the City Attorney to suggest the wording of the
amendments regarding the $25 fee and Mr. Wilkinson's concerns.
City Attorney Liley stated that in draft B, Section 5 which sets a $25 fee
should be eliminated and an amendment to Section 3 to the effect that City
Council on its own motion could move to consider and reverse or modify any
final decision of the Planning and Zoning Board. A section to the effect
that after the effective date of this Ordinance, all P.U.D.'s and subdivi-
sions, except those which had already been recommended for preliminary or
final approval to the Council, would be directed to the Planning and Zoning
Board as final authority could be included.
City Attorney Liley suggested a Resolution dealing with a 12-month review
process be brought back at the time of the Second Reading of the Ordinance.
Councilman Bowling made a motion, seconded by Councilwoman Reeves to amend
Ordinance No. 138, 1980 (draft B) as described above. Yeas: Council -
members Bowling, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays:
None.
THE MOTION CARRIED.
Councilman Bowling made a motion, seconded by Councilman Kross, to adopt
Ordinance No. 138, 1980, as amended. Yeas:.Councilmembers Bowling,
Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays:
THE MOTION CARRIED.
SPA
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October 7, 1980
Ordinances Adopted Amending the Code as
it Relates to the Authority of the
Planninq and Zoninq Board
Following is the City Manager's memorandum on this item:
"A. Hearing and First Reading of Ordinance No. 139, 1980, Amending Chapter
99 of the Code Relating to the Authority of the Planning and Zoning
Board.
B. Hearing and First Reading of Ordinance No. 140, 1980, Amending Chapter
118 of the Code Relating to the Authority of the Planning and Zoning
Board.
If Council adopts the previous agenda item (Ordinance No. 138, 1980,
Establishing the Planning and Zoning Board as Final Authority on Preli-
minary and Final Subdivisions and Planned Unit Developments), the above two
Ordinances should be adopted designating the Planning and Zoning Beard as
the final authority on all preliminary and final subdivisions and planned
unit developments and deleting all reference to the City Council as that
final authority."
Councilman Bowling made a motion, seconded by Councilman Wilkinson,
to adopt Ordinance No. 139, 1980, on First Reading. Yeas: Councilmembers
Bowling, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Councilmember Bowling made a motion, seconded by Councilman. Wilkinson, to
adopt Ordinance No. 140, 1980, on First Reading. Yeas: Councilmembers
Bowling, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Other Business
Council consensus was to continue the interview process and make the Boards
and Commissions appointments at the first meeting in November.
6 365
October 7, 1980
Adjournment
Councilwoman Reeves made a motion, seconded by Councilman Wilkinson to
adjourn the meeting to 4:00 p.m. on October 21. Yeas: Councilmembers
Bowling, Kross, Reeves, St. Croix, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
ATTEST:
Q.,o
.itv Clerk
r.
366