HomeMy WebLinkAboutMINUTES-09/04/1979-Regularr September 4, 1979
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO.
Council - Manager Form of Goverment
Regular Meeting - 5:30 P.M.
A regular meeting of the Council of the City of Fort Collins
was held on Tuesday, September 4, 1979, 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: Bowling,
Gray, Reeves, St. Croix, Wilkinson and,'Wilmarth. .
Absent: None
Secretary's Note: Councilman Kross arrived at 5:35 p.m.;
Councilwoman Reeves left the meeting at
5:55 p.m. and returned at 7:15 p.m.
Staff Members Present: Arnold, Lanspery., Mabry, Krempel, C. Smith,
Rupel, Parsons, Mills, `!ood, Lilev & Lewis.
Agenda Review: City Manager
City Manager Arnold requested that ii:em number 34: Hearing and
First Reading of Ordinance No. 109, 1979, Appropriating Reserve
Funds and UnanticiDated Revenues in the Park Acquisition Fund.
be pulled off due to current budget information. He then read
the following letter regarding Consent Calendar item Number 3:
Second Reading of Ordinance No. 101, 1979, Relating to Loitering
in Center Parkino areas.
City Manager Arnold reported, this Ordinance does cover all
Center Parking on College Avenue and the City does cover with
similar Ordinances loitering on all of Mountain Avenue and
Peterson Street.
Council recommended a letter be sent to the Downtown Merchants
Association, providing this information:
DATE: September 4, 1979
TO: City Council Members & Police Chief, Ralph
Smith.
FROM: Board of Directors, Downtown Merchants
Association.Pete P. Sakala President
SUBJECT:2nd reading of Ordinance No. 101, 1979 relating
to loitering in center parking areas.
107-
September 4, 1979
Members of the Downtown Merchants Association
Board of Directors feel that loitering contributes
a great deal to the problems we are now having
with broken bottles, litter etc. We as an
Association would like to recommend that this
Ordinance be amended to include all center parking
areas throughout Fort Collins.
Consent Calendar:
These are items of a routine or non -controversial nature,
on which a unanimous vote of approval is expected. Anyone
may request an item on this calendar be "pulled" off the
consent calendar and considered separately. (The purpose
of this calendar is to allow Council to spend its time and
energy on more important items).
The Consent Calendar presented e!as as follows:
1) Ordinances on first reading that are routine.
2) Ordinances on second reading that passed unanimously on
first reading.
3) Those of no controversy;
4) Routine administrative actions.
This Calendar is intended to allow the City Council to spend its time
and energy on the important items on a lengthy agenda. Staff recom-
mends approval of the Consent Calendar.
4. Consider approval of the Minutes of the Regular Meeting of
August 21, 1979 and the Adjourned meeting of August 14th,
5. Second reading of Ordinance No. 98, 1979, Placing Restrictions
Upon the Zoning of Horsetooth-Timberline 2nd Annexation.
Council unanimously adopted this ordinance on first reading on
August 21st. The ordinance sets out the zoning limitations on
the Horsetooth-Timberline 2nd Annexation.
6. Second Reading of Ordinance No. 99, 1979, Placing Restrictions
on the Deines-Lockman Rezoning.
Council unanimously adopted this ordinance on first reading on
August 21st. The ordinance sets out the conditions of the Deines-
Lockman rezoning.
7. Second Reading of Ordinance No. 100, 1979, Relating to Amend-
ments and Additions to the Uniform Fire Code.
This Ordinance was adopted unanimously on first reading at the
August 21st meeting and deals with the application of flammable
finishes (spray painting.)
- 108 -
September 4, 1979
8.
Second Readinq of Ordinance No. 101 1979 Relating to Loitering
in Center Parking areas.
This Ordinance was adopted unanimously on first reading at the
August 21st meeting and provides for control of loitering in an
additional block of College Avenue.
9.
Second Reading of Ordinance No. 103 1979 Appropriating Reserve
Water Funds for Payment of Designated Water Projects.
This Ordinance was adopted unanimously on first reading.at the
August 21st meeting and authorizes the appropriation of capital
reserves to complete projects in the Water Utilities.
10.
Second Reading of Ordinance No 104 1979 Appropriating Reserve
Funds in the Sewer Fund for Payment of Designated Expenses.
This Ordinance was adopted unanimously on first reading at the
August 21st meeting and authorizes an appropriation from capital
reserves for purchase of Sludge Disposal Land.
11.
Routine Easements
a. Easement from New Mercer Ditch Company for permanent main-
tenance access to Woodwest detention pond.
Consideration: None
b. Power line easement from Marrick, Inc. to provide electric
service to Perkins Cake and Steak.
Consideration: $1.00
C. Easement agreement with Victoria Limited (Hill Pond) for
construction of Spring Creek Trunk Sewer Main.
Consideration: None
d. Easement agreement with Colorado State University for a
30' sewer line right-of-way from Soldier Canyon Water
Treatment Plant.
Consideration: None
e. Easement with Colorado State University Reasearch Foundation
in connection with the Spring Creek Trails system.
Consideration: None
- 109 -
September 4, 1979
12. Hearing and First Reading of Ordinance No. 106, 1979,
Vacating a Portion of an Access Easement on Lot 2,
Block 1, Thunderbird Estates.
This is a request to abandon the West 20 feet of an
access easement in Thunderbird Estates, 9th Filing.
Ordinances on Second Reading were read by title by City
Clerk Verna Lewis:
5. Second Reading of Ordinance "Io. 90, 1979, placing
restrictions on the zoning of Horsetooth-Timberline
2nd annexation.
6. Second Reading of Ordinance No. 99, 1979, placing re-
strictions on the Deines-Lockman Rezoning.
7. Second Reading of Ordinance No. 100., 1979, relating
to amendments and additions to the Uniform Fire Code.
8. Second Reading of Ordinance No. 101, 1979, relating to
loitering in center parking areas.
9. Second Reading of Ordinance No. 103, 1979, appropriating
reserve water funds for payment of desig_nated water
projects.
10. Second Reading of Ordinance No. 104, 1979, appropriating
reserve funds in the Sewer Fund for Payment of Designated
Expenses.
Councilman Wilkinson made a motion, seconded by Councilwoman
Gray,to adopt and approve all items not withdrawn from the
Consent Calendar.
YEAS: Bowling, Gray, Reeves, St. Croix, Wilkinson and Wilmarth.
NAYS: None
Councilman Kross abstained.
THE MOTION CARRIED.
Resolution Adopted Making Appointment to the
Coordinating Commission for Senior Citizens
Following is the City Manager's Memorandum on this item:
At the August 7th Council meeting, Council unanimously voted
to amend the by-laws of the Coordinating Commission for Senior
Citizens to provide for the addition of two alternate members
- 110 -
September 4, 1979
1
to serve when a regular member is ill or on vacation.
Since then, a regular member of the Commission, Eleanor Hoag,
has resigned for reasons of health.
Council will need to consider the applications submitted and
appoint one regular and two alternate members to bring the
Commission up to its full compliment of nine regular and two
alternate members.
The following appointments were made:
Name
Elizabeth Peterson
Alternates:
Margo Rosenkranz
Robert J. La Rocque
Expiration of Term
July 1, 1980
July 1,.1981
July 1, 1981
Kross made a motion, seconded by Councilwoman Reeves,
to adopt the Resolution.
YEAS: Bowling, Gray, Reeves, St. Croix, Wilkinson and
Wilmarth.
NAYS: None
THE MOTION CARRIED.
Loveland -Fort Collins Corridor
Growth Management Plan Adopted
Following is the City Manager's Memorandum on this item:
In order to proceed with the specific implementation aspects
of the Plan, we need to have support for the concepts and
intent as expressed in the Growth Management Plan.
Councilman Kross made a motion, seconded by Councilman St. Croix,
Lo adopt the Loveland/Fort Collins Corridor Area, Growth Managemen':
Plan, dated July 1979 in Concept and Intent.
YEAS: Bowling, Gray, Reeves, St. Croix, Wilkinson and Wilmarth.
NAYS: None
Councilman Kross made a motion, seconded by Councilwoman Reeves,
that the City Council direct the City planning staff to consider
more fully in the Loveland/Fort collins. Area, Growth Management Plan
dated July, 1979:
a) Phasing plans should be carefully reviewed to achieve stronger
control over urban sprall by giving priority to developments
which are proposed contiguous to existing City Limits over
those that are proposed contiguous to any existing development
in _he County.
September 4, 1979
b) On page 29, policy 2.D. should be revised to discourage
neighborhood commerical centers from locating adjacent to
regional or community commercial areas or along U.S. 287
because of traffic congestion, but not completely restrict
such location.
c) An annual review of the assumptions and experience gained
during implementation of the management plan should be
incorporated into the concept.
d) The economic conditions which differ between the City and
County, such as certain development fees, should be carefully
explored so that significant economic reasons do not alone
force developments into the County.
YEAS: Bowling, Gray, Reeves, St. Croix, Wilkinson and Wilmarth.
NAYS: None
THE MOTION CARRIED
Ordinance Adopted on Second
Reading, Relating to Tree Assessments.
Following is the City Manager's Memorandum on this item:
This Ordinance was adopted on first reading by a 3-1 vote at the
August 21st meeting and assesses the cost for performing work on
trees to property owners.
Those Councilmembers who were absent on August 21st should refer
to that agenda for background information or contact the City
Clerk's office.
Councilwoman Gray and Councilman Wilmarth made a motion to adopt
Ordinance No. 102, 1979 on Second Reading.
YEAS: Bowling, Wilmarth
NAYS: Gray, Kross, Wilkinson
COJncilmdn St. Croix abstained
Mayor Bowling declared the motion dead.
Councilwoman Gray made a motion, seconded by Councilman Wilmarth
to reconsider 'he previous action of the Council on this Ordinance
YEAS: Bowling, Gray, St. Croix, Wilmarth
NAYS: Kross and Wilkinson
THE MOTION CARRIED
112
September 4, 1979
Councilwoman Gray made a motion, seconded by Councilman Wilmarth
to adopt Ordinance No. 102, 1979, on Second Reading.
YEAS: Bowling, Gray> Wilmarth
NAYS: Kress, Wilkinson
Councilman St. Croix abstained
THE MOTION CARRIED.
Milkhouse P.U.D., Preliminary
Aooroved
Following is the City Manager's Memorandum on this item:
This is a preliminary proposal for a commercial P.U.D. on 1.6 acres, zoned R-P,
located on E.,Swallow west of Lemay Avenue.
Final plans for Village Gardens Addition P.U.D. were approved on March 13,
1979, for 40 multi -family units at an overall density of 9.83 DU/acre on
its 4.07 acre site.
The current proposal is to amend a portion of this P.U.D., located west of
Lemay Avenue and south of Swallow Road, to allow a one unit office building
P.U.D.
The submitted site plan described the planning objectives of the proposal
as follows:
To design a professional office building which is of a low profile
nature in order to compliment the residential surroundings. Earth berms
and landscape screening will be used to minimize the visual impact of
parking areas.
Exterior materials will be of a residential character with wood
shingles and stone used to relate to the existing Milkhouse Museum.
Land Use Breakdown
Total Area - - - - - -- - -
Building Area (not including
Museum) - - - - - - - - -
Driveway & Parking - - - - Open Space --- - - - - - -
Active Open Space - - - - -
Parking Spaces - - - - - - -
71,033 sq. ft. (1.63 acres)
5,000 sq. ft. ( 7%)
10,694 sq. ft. (15%)
55,339 sq. ft. (78%)
46,367 sq. ft. (65%)
30 proposed
25 required
Included on this 1.63 acre site are two existing tennis courts and the
Milkhouse structure. The 112 acre where the Milkhouse is located will be
deeded to the City, after its development for use as a City park. The
Milkhouse structure will have exterior improvements and landscaping done
by the developer with interior renovation by the City. The City will then
maintain the grounds. Parking for the Museum will be provided in the office
10 parking lot, but the Museum project and site will not be considered as part
- 113 -
September 4, 1979
of the P.U.D. proposal.
Recomnendati
At Lheir regular business meeting on August 13, 1979, the Planning and
Zoning Board unanimously voted to recommend approval of the Milkhouse
P.U.D., Preliminary, subject to the following conditions:
1. Uses be limited to professional office uses as defined by the
Zoning Ordinance.
2. The office building is to be residential in scale and exterior
treatment (as is proposed).
There are no street oversizing costs associated with this project.
Councilman Wilkinson made a motion, seconded by Councilman
St. Croix to approve the Milkhouse P.U.D. Preliminary.
YEAS: Bowling, Gray, Kross, St. Groin, Nilkinson, 'Wilmarth.
NAYS: None
THE MOTION CARRIED.
Pier P.U.D., Preliminary
ADDroved
Following is the City Manager's Memorandum on this item:
Land Use
The developers are requesting preliminary P.U.D. plat approval for 9.72 acres
consisting of 235 multiple family dwelling units, 4.56 acres of open space
and requisite parking. The site is located on the northwest corner of the
intersection of Harmony Road and Boardwalk Drive. The property is zoned
R-L-P, Low Density Planned Residential, and is presently under agricultural
use (cropland).
Area - - - - - - - - - - 9.72 acres
Units - - - - - - - - - - 235 dwelling units
Density - - - - - - - - - 24.17 DU/acre
Open Space
Total - - - - - - - - 4.56 acres - - (47%)
Active - - - - - - - 2.47 acres - - (25%)
Planning and Zoning Board Recommendation
At their regular business meeting on August 13, 1979, the Planning and Zoning
Board recommended approval of the preliminary plat subject to the following
conditions:
- 114 -
ri
September 4, 1979
1.
That the designation of a "28' access easement" and marked driving lanes
`
be removed. That the developer work with staff to lessen the "street"
character of the parking aisle.
2.
That the right turn lane on Boardwalk be extended north by approxi-
mately 60'.
3.
That the walkway along Harmony Road be relocated to the intersection
and be constructed to City standards.
4.
That earth berms be restricted from utility easements adjacent to
the R.O.W.
5.
That a 15' buffer strip improved with extensive landscaping -and
screening be provided along the west property line.
6.
That proper sound attenuation measures be instituted along Harmony
Road.
7.
That landscaping be restricted to low lying vegetation at the project
extremes and Boardwalk/Harmony Road intersections.
8.
That provision be made for bicycle and motorcycle storage.
VOTE:
5 Ayes; 1 Nay
The developer
plat
understands and concurs with this recommendation. A revised
and a letter from the developer's representative
which
has been submitted
agrees with the conditions.
Councilman Wilkinson made a motion, seconded by Councilman St. Croix
to approve the Pier P.U.D. Preliminary.
YEAS:
Bowling, Gray, Kross,. S'. Croix, Wilkinson, Wilmarth
NAYS:
None
THE MOTION CARRIED:
Raintree P.U.D., Preliminary
Approved
Following is ;:he City Manager's Memorandum on this item.
Land Use Data
The developers are requesting preliminary P.U.D. plat approval for 29.52
acres consisting of 460 multiple family and single family attached dwelling
- 115 -
September 4, 1979
units, 15.19 acres of open space, and requisite local public and private
streets. The site is generally located on the northwest corner of the inter-
section of Drake Road and Shields Street, all within the municipal limits.
The subject property is zoned R-M-P, Medium Density Planned Residential and
is presently vacant.
Acreage - - - - - - - - 29.52 acres (gross)
27.75 acres (net)
Total units - - - - - - 460 dwelling units
Density - - - - - - - - 15.58 DU/gross acre
16.58 DU/net acre
Open space
Total - - - - - - - 661,676 sq. ft. - - (51%)
Open - - - - - - - - 271,379 sq. ft. - - (21%)
Active - - - - - - - 390,298 sq. ft. - - (30%)
Maximum Density
permitted by
Ordinance - - - - - - 20 units/acre - - - (590 units)
Planninq and Zoninq Board Recommendation
At their regular business meeting on August 13, 1979, the Planning and
Zoning Board recommended approval of the preliminary plat of the Raintree
P.U.D. subject to the following conditions: -
1. That the alignment of Raintree Drive and Snowberry Street be revised
as a continuous connection;
2. That the driveway curbcuts along Raintree Drive be consolidated as
much as possible;
3. That the petitioner present for staff review, alternative schemes to
overcome the grade problem of the private streets;
4. That all parking lots meet the city's minimum design standards;
5. That the bike lane along Drake Road, between Shields Street and the
southwest corner of the development be constructed during the first
phase of development;
6. That Snowberry be straightened to allow for a 125' left turn bay at
the Snowberry/Drake intersections;
7. That the developer investigate options for reducing points of conflict
along the internal bike/pedestrian path;
8. That the front and rear yard setback for the townhouse units be a
minimum of 15' and 19' respectively;
9. That all buildings meet the 150' requirements of the Fire Department;
10. That the developer submit evidence to justify the stormwater drainage
plan;
11. That the developer seek the New Mercer Ditch Companies approval and
cooperation with the development plan;
- 116 -
September 4, 1979
12. That additional pedestrian bridges be provided with pedestrian access
easements;
13. That a minimum 20' setback improved with extensive landscaping and
screening, be provided between the eight-plex buildings and the
existing single family residence in the northeast corner of, the
development;
14. That emergency vehicle and utility access easements be granted over
all private streets and parking,lot aisles.
15. That a reasonable attempt be made to maximize the safety of the
drainage ditch.
VOTE: 6 Ayes - Unanimous
The developer understands and concurs with this recommendation. A
letter is attached from the developer's representative agreeing to
these conditions.
Councilman St. Croix made a motion, seconded by Councilman
Kross, to approve the Raintree P.U.D., Preliminary.
YEAS: Bowling, Gray, Kross, St. Croix, Wilkinson, Wilmarth.
.JAYS: None
THE MOTION CARRIED.
Ed Carroll, P.U.D.,
Preliminary and Final Approved
Following is the City Manager's Memorandum on this item.
This is a request for approval of a one lot commercial P.U.D. located on the
present site of Ed Carroll Volkswagen -Audi, Inc., 3003 S. College Avenue. The
petitioners are requesting P.U.D. approval in order to increase their present
building facilities by 6900 sq. ft. The site is presently a non -conforming
use and any increase of that use by more than 25% forces the site to become
a conforming use. In addition, due to the requirements of the H-B zone, an
auto -sale use must be developed as a P.U.D. The site plan provides for a
building area of 11, 715 sq. ft., 159 parking spaces, and landscaping treat-
ment along S. College Avenue and Swallow Road. The site is 1.8 acres in size
and thus requires a variance from the two acre minimum for a P.U.D.
Planning and Zoning Board Recommendation
The Planning and Zoning Board, at their June meeting, recommended approval
of the Ed Carroll P.U.D. and variance request subject to the final site
plan to address the following:
- 117 -
September 4, 1979
1) Submission of required drainage information;
2) Submission of a one lot subdivision plat;
3) Design of the S. College Avenue frontage Road to be approved by the
City Engineering Department prior to the time of final P.U.D. approval.
Recommendation
Staff recommends approval of the Ed Carroll P.U.D., Preliminary and Final
as the above conditions have been satisfactorily addressed. There are no
unresolved problems or outstanding conditions.
There are no street oversizing costs associated with this project.
Councilman St. Croix made a motion, seconded by Councilman
Wilkinson to approve the Ed Carroll P.U.D., Preliminary .
and Final
YEAS: Bowling, Gray, Kross, St. Croix, Wilkinson, Wilnarth
NAYS: 'Done
THE MOTION CARRIED.
Pastor Motors P.U.D.,
Preliminary and Final Approved
Following is the City Manager's Memorandum on this item:
1 �n,4 men
The developers are requesting preliminary and final P.U.D. plat approval for
1.5 acres consisting of an existing 4,848 sq. ft. structure with a
proposed 4,907 sq. ft. expansion and requisite parking. The site is located
north of Palmer Plaza, south of Gart Brothers, and west of College Avenue.
The site is zoned H-B, Highway Business, and is presently improved with the
Pastor Motor Company new car sales and service. The surrounding zoning and
land uses are as follows:
N: HB; Retail uses
S: HB; Palmer Plaza
E: HB; Various commercial and office uses
W: HB; Vacant
Total site - - - - - - - - - - - - - 65,062 sq. ft. (100%)
Existing Structure - - - - - - - - - 4,848 sq. ft. (7.4%)
Proposed Expansion - - - - - - - - - 4,907 sq. ft. (7.6%)
Parking and Storage - - - - - - - 54,007 sq. ft. ( 83%)
Landscaping - - - - - - - - - - - - 1,300 sq._ft. (2.0%)
- 118 -
September 4, 1979
Discussion
1. Relationship to adopted official plans. College Avenue is a major
arterial street as designated on the City's Thoroughfare Plan.
2. Utilities. Sewer and water service available at periphery of site.
3. Capital Improvement Implications. None.
4. Drainage. The developer should provide storm water detention and
drainage calculations as soon as possible.
Comments
Internal Circulation. The developer has not indicated how internal
circulation within the site will be handled. Prior to final plat
approval by the City Council, the developer should submit for staff
review and approval, a detailed site plan specifically addressing the
interrelationship of pedestrian and vehicular circulation and indicating
the proposed treatment of points of conflict.
2. Parking and Loading Zones. The parking requirement for the project is
49 spaces, based upon one space for every 200 sq. ft. of floor area.
One space for off-street loading will also be required. While the plan
appears to have sufficient area for parking, no detailed plan has been
provided. Prior to the final approval by the Council, the developer
should submit a properly detailed plan showing how the parking and
loading space requirements will be met.
3. The proposed P.U.D. is on an unsubdivided parcel. The developer
should submit a one -lot subdivision plat in addition to the P.U.D.
site plan.
4. Landscaping. The Planning and Zoning Board and City Council have,
along other parts of College Avenue, encouraged the development and
redevelopment of frontage properties with well landscaped exterior
spaces which measurably improve the overall quality of the project
and enhance the streetscape along College Avenue. The City's
Adopted "Goals and Objectives" reads: "Enhance public street and
parking area appearance with particular attention to most viewed,
used streets, and entrance to highways (trees, planting, and the
like)". The plan as submitted shows approximately 2% of the site
devoted to landscaped areas. The staff feels that the landscaping
plan is deficient both in terms of breadth and quality; nor does it
fulfill the intent of the City's "Goals and Objectives". The staff
would recommend that the landscaping plan be revised in terms of:
a. Providing landscaping areas constituting from 12% to 17% of the
sites total area, depending upon design objectives and intensity
and quantity of plant materials;
b. Providing a landscaped separation and screening of parking areas
and vehicular use areas from adjacent public and private places;
c. Providing for landscaped "islands" to provide visual relief with
vertical landscape treatment and physical relief with seasonal
shading;
d. Provide for landscaping in the median strip between the frontage
road and College Avenue, subject to the drainage problem being
resolved.
- 119 -
September 4, 1979
5. The subject property is approximately 1.5 acres in size. The P.U.D.
regulations require a minimum lot size of at least 2.0 acres. The
staff would recommend approval of a variance to the 2.0 acre require-
ment for this project.
6. In the past, there has been a considerable problem of water ponding
in the frontage road and median strip during heavy rainfall. The
developer has agreed to landscape the median strip when the problem
is resolved. The staff would recommend that the developer work with
staff to develop a solution to the storm drainage problem prior to
Council approval of the final P.U.D. plan.
Planning and Zoning Board Recommendation
The Planning and Zoning Board voted unanimously to recommend approval of
the preliminary and final P.U.D. site plan of Pastor Motors and a variance
to the 2.0 acre minimum P.U.D. lot area requirements subject to the
following conditions:
a. That the developer submit a revised site plan showing parking,
pedestrian and vehicular circulation for staff review and
approval;
b. That the developer submit for Council approval a subdivision
plat;
c. That a revised landscape plan be submitted for staff review and
approval showing more extensive landscape treatment of the project
including the median strip;
d. That the developer work with staff to overcome the storm drainage
problem along the frontage road.
Recommendation
Staff recommends approval of the Preliminary and Final P.U.D. site plan of
Pastor Motors and a variance to the two acre minimum P.U.D., as the above
conditions have been satisfactorily addressed. There are no outstanding
issues or unresolved problems.
There are no street oversizing costs associated with this project.
Councilman Kross made a motion, seconded by Councilman St.
Croix, to approve the Pastor Motors P.U.D., Preliminary
and Final.
YEAS: Bowling, Gray, Kross, St. Croix, Wilkinson, Nilmarth
NAYS: None
THE MOTION CARRIED.
- 120 -
September 4, 1979
City Manager's Report
r
City Manager Arnold reported the following:
a. A memorandum on the Status of the Parkway Funding,
which has been distributed to Council.
b. A memorandum regarding *perations at the Lincoln
Community Center, and the Public Works Department.
C. The City Manager also referred to progress on the
Lemay Avenue extension, the Spring Creek Trails,
Transfort Operations.
Councilmember's Reports
a. Councilman Wilkinson reported on a recent Platte River
Power Authority meeting held in New York City where
selection was made for senior Manager and Co -managers
for the Platte River Power Authority Bond Issue for
1980.
b. Mayor Bowling stated he had chaired the Committee on
Environmental Quality of the Colorado Municipal
League for several years. He recommended Councilman
Kross be recommended to serve on this Committee.
Council concurred in this recommendation.
C. Mayor Bowling then recommended that Councilwoman
Nancy Gray be recommended to serve on the Policy
Committee of the Colorado Municipal League. Council
concurred in this recommendation.
Ordinance Adopted on First
Reading Appropriating Re-
serve Funds in the Golf Fund.
Following is the City Manager's Memorandum on this item.
At the March 27, 1979, work session, City Council authorized a
study to be performed for a future golf course at the Pineridge
area. The study was to include:
--marketing and projected use of the proposed facility;
- 121 -
e
September 4, 1979
--preliminary design;
--cost estimates; and
--financing alternatives.
The cost of the study was estimated between $5,000 and $10,000 and
the Golf Board recommended that this study be funded from prior
year reserves. The City Council requested that the Golf Board
take the necessary action to proceed with this study.
On the attached Comparative Statements of Changes in Financial
Position, the 1979 budget included $25,712 for Beginning Net' Work-
ing Capital (beginning fund balance). The actual 1979 Beginning
Net Working Capital is $39,381,an increase of $13,669, that is
available for appropriation.
Based upon proposals received, the estimated cost of hiring a
consultant is $6,000. On the attached Comparative Statements of
Income, this $6,000 has been included in the Revised 1979 Budget
under "Other Expense" and is incorporated in.the Net Income of
($37,082). The cost of the study is also shown on the Comparative
Statements of Changes in Financial Position as part of the Net
Income (Loss) of $37,082.
Councilwoman Gray made a motion, seconded by Councilman
Wilkinson to adopt Ordinance No. 110, 1979, on First
Reading.
YEAS: Bowling, Gray, Kross, St. Croix, Wilkinson, Wilmarth
NAYS: None
THE MOTION CARRIED.
Ordinance adopted on First Reading
Appropriating Reserve Funds and Un-
anticipated Revenue in the Seven -
Year Capital Fund.
Following is the City Manager's Memorandum on this item.
At the July 17 meeting, City Council approved a Revised budget for
the Seven -Year Capital Program. As shown on the attached Budget
Summary Statement, the Revised 1979 budget is based upon the
following additional resources:
- 122 -
September 4, 1979
0
Beginning Fund Balance:
Budget $ 5,101
Actual 673,785
Difference $ 668,684
This increase of $668,684 also includes $254,447 in carry over
encumbrances from 1978 which has already been incorporated in
the Revised Budget. Therefore, the net amount available to be
appropriated from Fund Balance is:
Difference $668,684
Carry Over
Encumbrance 254,447
$414,237
Additional Revenues:
The 1979 Budget does not include revenues from State Grants or
Contributions in Aid of Construction. As a result, the City has
received money for specific purposes and requires the authoriza-
tion to spend these additional revenues in 1979 for the specified
purposes.
1979 Budget 1979 Revised
State Grants $
Transfer from the
General Fund
Contributions -In -
Aid of Construction
1,650,000
13,000
1,763,179
99,180
Difference'
$ 13,000
113,179
99,180
Total $1,650,000 $ 1,875,359 $ 225,359
Therefore, the toal additional resources available for an additional
appropriation are $639,596. (However, the amount includes $59,179
that was charged in error to the Open Space & Trails Program in
1978. This amount has not been included in the Revised 1979 Budget
as the Open Space & Trails Program will be requiring this money in
1980.) With the adjustment for Open Space & Trails, the net amount
of additional revenue and resources that is available for projects
in 1979 is $580,417.
Also shown on the attached Seven -Year Capital Budget Summary, are
total expenditures as follows:
Project Expenditures
Transfers
Total
1979 Budge
$ 5,598,813
293,550
$ 5.892.363
- 123 -
1979 Revised
$ 6,268,056
417,315
$ 6,6852371
Difference
$ 669,2431
123,765
$ 793,008
September 4, 1979
The Revised 1979 Budget includes encumbrances that were carried over
from 1978. Therefore, the total difference of $793,008 needs to
be reduced by the amount of carry over encumbrances. ($254,447)
$793,008 Difference b/t Bud. & Rev.'79
254,447 Carry over encumbrances
$538,561 Net Difference
The Revised Budget that was presented to City Council totaled
$6,430,924. This amount includes the original budget of $5,892,363
and the net difference of $538,561.
Therefore, in order to implement the Revised 1979 Seven -Year Capital i
Budget we need an additional appropriation of $538,561 for the
following projects:
From Prior Year Reserves:
Open Space & Trails $131,282
Street Improvements 259,133
Lemay Ave. Extension 9,500
New Municipal Building 14,322
Total $414,237
From Unanticipated Revenues:
Historic Facilities $ 5,000
Street & Traffic Imp. 53,145
Lemay Ave. Extension 54,000
Storm Drainage 15,000
$124,324
Councilwoman Gray made a motion seconded by Councilman Kross .to
adopt Ordinance No. 111, 1979 on First Reading.
YEAS: Bowling, Gray, Kross, St. Croix, Wilkinson, 'Wilmarth
NAYS: none
THE MOTION CARRIED.
- 124 -
September 4, 1979
Second Reading of Ordinance No. 95,
1979, Creating a Street-Oversizing
Fund Tabled to September 11, 1979.
Following is the City Manager's Memorandum on this item.
Planning and Development Director Charles Mabry, reported on the
meetings held with developers, and the staffs' recommendation on
the establishment of street oversizing fee at the time a building
permit is issued.
Mr. Jim Stewart, Consulting Engineer, distributed copies of a
report which has also been distributed to the developers which
agrees with the staffs' recommendation in the calculation of fee.
Mr. Gary Haxton, representing the development community in Fort
Collins, requested city cooperation on a study paid for by the
developers, to determine whether growth pays its own way.
The study is to be completed in approximately 60 days.
City Attorney Liley then reported to Council that the draft
Ordinance presently before Council is based upon meetings with
developers. Some of the changes are significant and substan-
tive, and some are procedural, and because this Ordinance is
before Council on Second Reading, the recommendation from the
administration is to start over. This could be accomplished
in two ways: one, the ordinance could be read at length, and
passed on First Reading or to have a clean copy on adjourned
meeting on September 11, and passed as an Emergency Ordinance.
Councilwoman Gray made a motion, seconded by Councilman Kross
that Council table this item to September 11, 1979, to rescind
the present Ordinance (Ordinance No. 95, 1979) and replace it
with a new Ordinance as an Emergency Ordinance.
YEAS: Bowling, Gray, Reeves, Wilkinson, Wilmarth, Kross.
NAYS: None
THE MOTION CARRIED.
Recommendation of the Steering Committee
of DT2 concerning the construction of
Public facilities reviewed
Following is the City Manager's Memorandum on this item.
Mr. Maurice Nelson CoCh.airman of DT made the final report
on the reactivated DT9 Steering Committee. He then read the
following Resolution bf DT2.
- 125 -
September 4, 1979
RESOLUTION
OF THE STEERING COMMITTEE OF DT2
CONCERNING THE CONSTRUCTION OF PUBLIC FACILITIES
41HEREAS, a significant impact on the City budget was made by the
construction of public facilities whose operation and maintenance must be
subsidized by the City even in maximum use situations;
WHEREAS, added budget burdens were imposed by pension fund mandates,
no increases in hiohway user taxes, and other budgetary problems;
WHEREAS, the sales tax has been recommended for extension through
1981 but may he subject to a referendum before that time.
Now, THEREFORE, BE IT RESOLVED BY THE STEERING COMMITTEE OF DESIGNING
TOMORROW TODAY:
Section 1. That any construction of the ice rink and swimming pool be
deferred.
Section 2. That all monies designated for the ice rink and swimming
pool be placed in an escrow account.
Section 3. That a Broad Based Citizen's Group be formed to:
a. Re-evaluate the original concept of the pool and ice rink as.
compared to the present concept in view of budgetary considera-
tions.
b. Study the budget impact of the present new facilities, and
c. Study the long range capital and budget needs of the City.
AND THEREFORE, the Steering Committee of DT2, having completed the
charge of the Mayor and Council, stands down.
Dr. Karl Carson responded to Council inquiries regarding the
Escrow Account.
"r. Robert Finley representing the Ice Skating Groups spoke in
opposition of DT2. Facilities Manager Tom Frazer addressed
the locations of Ice Rinks which have recently closed due to
budget problems.
Council received the report from DT2 and deferred any further
action on this item un:ii a budget session.
Councilman �li1kinson staled that due to the Come,itteds'
recommendation, he is now prepared to request Council reconsider
their action on Ordinance No. 91, 1979, being an Ordinance
excluding the Sales Tax.
No further action was taken on this item
- 126 -
September 4, 1979
Ordinance Tabled Amending the Code Relating to the City's
Participation in the Oversizing of certain streets ; and
Ordinance Tabled, Amending the Code as it Relates to the
Payment by the City of Costs Associated with the Over -
sizing of Streets.
Councilwoman Gray made a motion, seconded by Councilwoman
Reeves to table Second Reading of Ordinance No. 96, 1979
and Ordinance No. 97, 1979 to September 11, 1979.
YEAS: Bowling, Gray, Reeves, St
NAYS: None
THE MOTION CARRIED.
Croix, Wilkinson and Wilmarth.
Ordinance Adopted as Amended on First Reading Relating
to Local Public Improvement and the Establishment of
Special Improvement Districts.
Following is the City Manager's Memorandum on this item.
City Manager Arnold stated this Ordinance also related to items
No. 30, Hearing and First Reading of Ordinance No. 108, 1979,
Amending the Code Relating to Conditional Zoning., Item No. 31,
South College Properties Special Improvement District, and Item
32, Second Reading of Ordinance No. 44, 1979, annexing Properties
known as the South College Properties Annexation.
City Attorney Liley reported that Sections 33 and 34 of this
Ordinance had been omitted She therefore recommended that
Council amend Sections 33 and 34 to include:
"y1.6-34. Payments frog: surplus and deficiency fund.
A. In the event Lhe City incurs any cost in the course of
proceedings for ferm+inc; a special improvement district,
the amount of such cost shall initially be paid from the
surplus and deficiency funs established pursuant to
Article V, Section 20.6(h) of the City Charter. If the
district is ultimately formed, the arr:ount of such cost
shall be in(ludrd in the coat of the improvements
insLall(d it. Li.: cistrict uu: repaid frow assessments of
the district (to the extent assessed).
- 127 -
September 4, 1979
B. Any portion of the costs of a district payable by the
City at large because of: (1) the limitation based on
value of property as provided in §16-20, (2) costs of
improvements in excess of the estimate of the Director
of Public Vorks as provided in §16-8, or (3) reductions
in assessments made by tho City Council, such portion
may if so directed by the City Council be paid from the
surplus and deficiency fund established pursuant to
Article V, Section 20.6(h) of the City Charter. If any
such portion is later recovered from the owners of
property in the district, the amount of such recovery
shall be repaid into such surplus and deficiency fund."
Section 33. That Chapter 16 of the Code of the City of Fort
Collins
is amended by the addition thereto of a new Section 16-34.1 to
read as
follows:
"616-34.1. Inclusion of certain costs and expenses of
organization of the district_.
If property ovners in a district have incurred costs and
paid expenses in organizing a nistrict, the City Council may
authorize the repayment of such costs and expenses as a
part of the imfroverent cost anti in such event the amount so
auLhori7nd nay be included as a part of the cost of the
irgr ovowonL% in Ihr district and assessed and collected
against property in the District as provided in this chapter."
Section 34. ihat. Chapter 16 of the Code of the City of Fort
Collins
is amended by the addition thereto of a new Section 16-34.2 to
read as
follows:
"16.34.2. Contracting with private firms.
The City way, upon authorization by the City Council,
contract with private firms for the performance of engineer-
ing, legal, accounting anal similar work to he performed by
or for a district.. The cost of such work may be provided
for or paid by the additional amount authorized to he added
to the cost of the improvements installed or acquired as
aforesaid in 616.-17. ''
Councilman Wilkinson made a motion, seconded by Councilman
Kross to adopt Ordinance No. 107, 1979 as amended.
YEAS: Bowling, Gray, Reeves, St. Croix, Wilkinson and Wilmarth.
NAYS: None 1911
THE MOTION CARRIED.
- 128 -
September 4, 1979
Ordinance Adopted on First
Reading Amending the Code
Relating to Conditional Zoning_
Following is the City Manager's Memorandum on this item.
On many occasions the Council has felt it desirable to place limita-
tions upon the uses of property at the time that property was zoned or
rezoned. For example, although residential uses are permitted in the "R-H"
Zone, sometimes the Council has felt it necessary to restrict uses in some
specific "R-H" Zones to professional office uses only. Generally restric-
tions of this nature are utilized to make the development of the property
more harmonious with adjacent. development.
In the past these restrictions have been placed upon property by means
of a zoning agreement which was signed by the property owner and approved
by the City Council. Keeping track of these agreements and the properties
they relate to has become an administrative nightmare. We know this has
also been a concern of Council.
The Planning staff and City llitorney's Office are recommending we
implement a procedure for placing use -related restrictions upon property
within the zoning ordinances themselves and that those zonings which have
conditions attached to them be officially designated as "conditional zones"
' on the zoning map of the City. In Kings' Mill Homeowner's Association v.
City of Westminster, 557 P.2d 1186 (T0 6F, the Colorado Supreme Court held
that the 'power to impose conditions on rezoning is an exercise of the
police power and such conditions are valid as long as they are reasonably
conceived". In a subsequent decision the Court added the further require-
ment that the conditions should be "use" related. Based upon these deci-
sions our attorneys are satisfied the proposed procedure is legal and feel
it will result in a "cleaner" process with fewer complications than the
process presently employed. They also feel that by designating the con-
ditional zones on the official zoning map itself there is less likelihood
of future purchasers of property being unaware of the conditions placed.
11pon their property.
!'J
The advantages of the new procedure are apparent:
(1) It: does not require a zoning agrerment..
(l) It does not require a <.vparato ordinance other, than the zoning
ordinance itself.
(3) It provides a convenient method for keeping track of conditional
zones.
(4) It provides a method for informing the public of those properties
which are subject to 70ninq conditions.
- 129 -
September 4, 1979
(5) It provides a method for enforcing the zoning conditions.
Staff recommends approval.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves,
to adopt Ordinance No. 108, 1979 on First Reading.
YEAS: Bowling, Gray, Reeves, Kross, St. Croix, Wilkinson.
idAYS: Wilmarth
THE MOTION CARRIED.
South College Properties Special
Improvement District, Concept
Approved.
Following is the City Manager's Memorandum.
Council asked for a staff report and analysis on the South College S.I.D.
Since this comes as a separate report we had more time to pull it to-
gother. We also had a good deal of the data in a somewhat different
format.
Council's concerns were:
(1) That the S.I.D. be paid 100% by the properties;
(2) That the workload not impact City staff, and that
therefore private consultants be used;
(3) That traffic he well handled; and
(4) That it be of general benefit to the City.
Attached are staff reports that adorers all the issues. W.r can unequivo-
cally state that the project benefits the City, will pay for itself, will
help traffic -- particularly on College -- and vfi11 benefit the City
generally.
FINANCING ALTERNATIVES
Since the S.I.D. helps the project become a reality which helps the impor-
tant "super -block" and street pattern develop, Council action in favor of
the S.I.D. should only rest upon financing decisions.
- 130 -
September 4, 1979
The staff report shows that the revenues generated will far exceed costs
over the long run.
The only question is how to finance the short -run costs. Council gave some
indication of favoring the March proposal that "100% of development costs
be funded by the clove Iopment". So staff', first effort was in working that
concept. out.
The attached memo from Roger Krempel shows that concept to be long -run
expensive and therefore harmful to the City. While it would solve our
short -run cash -flow problem, it would cost us revenues and would not
therefore be the most financially sound choice.
The best choice is as described by Ron flood in his memo. That is, we fund
the cash -flow problem over the first 24 months by issuing bonds backed by
the street development fee. Those bonds need to be further backed by the
General Fund Sales Tax, but that is a legal formality; it is not our intent
to use the hac:kup financing source al. all. If sole catastrophe like a
depression would occur that would make the street development fee unproduc-
tive, our entire operation would have to he restructured anyway. So
financing charges would occur. If such a catastrophe does not occur, the
fee will develop enough revenues to pay our share.
011AL I TY
The memo from Chuck Mabry very well addresses the overall benefits, the
traffic benefits, and the economic value of the project. It clearly shows
the S.I.O. needs to be done.
RECOMMENDATION
I rerommend Council approve the S.1.0., approve the financing of our share
with street fee -backed bonds, and authorize consultants to put the package
together. This recommendation assures the street oversizing fee system
will he adopted.
Planning & Development Director, Charles Mabry, summarized
the significance of the magnitude of a project of this size.
Attorney Arthur March,Jr. representing the properties, spoke
in support of the staff recommendation.
Mr. Martin West, Property owner spoke in support of the pro-
posal.
The following persons spoke in opposition of the project and
adoption of the annexation.
a. Mr. Frank Standring, 3842 South College Ave.
b. Mr. Melvin Morrison representing Mrs. H.E.
Westum, 3732 South College Ave.
September 4, 1979
c. Mr. J.V. Rich, 4313 South College Avenue
Council members expressed their individual views on the concept
Councilman Wilkinson made a motion, seconded by Councilman St.
Croix, to approve SID Concept for the South College Properties.
YEAS: Bowling, Gray, Reeves, St. Croix, Wilkinson.
NAYS: Kross
Councilman Wilmarth abstained
THE MOTION CARRIED.
Ordinance annexing properties known
as the South College Properties annexa-
tion tabled to October 2, 1979.
Following is the City Manager's Memorandum on this item.
Agenda Item 31 is consideration of the Special Improvement
District concept for South College Properties. If Council
approves this concept, we recommend adoption of the annexa-
tion ordinance and a zoning ordinance in the zoning con-
figuration previously presented to the Council. However,
because at this meeting we are changing by ordinance the
procedure relating to conditional zoning, we would suggest
the following Council actions for adoption of the annexation
and zoning ordinances:
September 4th: 1) Table second reading of the annexation
ordinance until October 2nd.
2) Deny zoning ordinance on second reading.
September 18th: Consider the adoption of a new condi.
tional zoning ordinance or, {irst. reading.
October 2nd: 1) Consider the adoption of the annexation
ordinance on second reading.
2) Consider the adoption of the condition-
al zoning ordinance on second reading.
- 132 -
September 4, 1979
The representative of the property owners who have petitioned
for annexation has been contacted and is in agreement with the
above schedule of Council actions.
The new conditional zoning ordinance to be presented on September
13th will incorporate into the ordinance all conditions previous-
ly recommended by the Council. Further, upon consideration of
the annexation ordinance on second reading on October 2nd, a
final annexation agreement will be presented to Council on the
agenda, incorporating relevant conditions relating to the
Special Improvement District, master plan and street plan, etc.
Councilman St. Croix made a motion, seconded by Councilwoman Peeves,
to table Second Reading of Ordinance No. 44, 1979 to October 2,
1979.
YEAS: Bowling, Gray, Reeves, St. Croix, Wilkinson, Kross, Wilmarth.
NAYS: None
THE MOTION CARRIED.
Ordinance Denied Zoning Properties Known
' as the South College Properties Annexation.
Following is the City Manager's Memorandum on this item.
See memo for previous agenda item for background information.
Councilman Wilkinson made a motion, seconded by Councilwoman
Reeves, to deny Ordinance No. 33 , 1979
YEAS: Bowling, Gray, Reeves, Kross, St. Croix, Wilkinson
NAYS: Wilmarth
THE MOTION CARRIED.
ADJOURNMENT
The meeting was adjourned to September 11, 1979 at 1:00 p.m.
The meeting adjourned at 9:45 p.m.
ATTEST
City Clerk
- 133 -