HomeMy WebLinkAboutMINUTES-10/16/1979-RegularI
October 16, 1979
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 16, 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 Coun-
cilmembers: Bowling, Kross, Reeves, St. Croix, Wilkinson and Wilmarth.
Absent: Councilwoman Gray.
Staff Members Present: Arnold, Lanspery, Deagle, Wood, M. Smith, Mills,
Mabry, Lee, Wood, Deibel, Krajicek, Rupel, Krempel, Waldo and Lewis.
Agenda Review: City Manager
City Manager, John Arnold, called Council's attention to Page 5 of the
Agenda, Item No. 30; this item is off the agenda; all bids have been
rejected.
The City Manager then called Council's attention to Item No. 32. Director
of Finance, Ron Wood, has provided a pay -out schedule, this schedule
applies to Items No. 32 and 33.
City Manager, John Arnold, called Council's attention to Item No. 58, an
appeal from the Zoning Board of Appeals, noting that an errata sheet is
included with Council's materials.
City Manager, John Arnold, called Council's attention to a letter from
Attorney David Power on this appeal.
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 was as follows:
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October 16, 1979
Items on the Consent Calendar are:
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 recommends
approval of the Consent Calendar.
8. Consider Approval of the Minutes of the Regular Meetings of September
18 and October 2, 1979.
9. Second Reading of Ordinance No. 118, 1979, Relating to Payments
In -Lieu of Water Rights and Increasing the Amount of said Payments.
This Ordinance was adopted unanimously on first reading on the Consent
Agenda of the October 2 meeting and will increase the in -lieu of
water rights value from $1,600 to $2,200.
10. Second Reading of Eight Ordinances Relating to Minor Changes in the
Uniform Building Code and the Uniform Mechanical Code.
a. Second Reading of Ordinance No. 122, 1979, amending the Uniform
Building Code as it relates to light and ventilation.
b. Second Reading of Ordinance No. 123, 1979, amending the Uniform
Building Code as it relates to usable space under floors.
c. Second Reading of Ordinance No. 124, 1979, amending the Uniform
Building Code as it relates to required exits.
d. Second Reading of Ordinance No. 125, 1979, amending the Uniform
Building Code as it relates to automatic fire extinguishing
systems.
e. Second Reading of Ordinance No. 126, 1979, amending the Uniform
Building Code as it relates to fireplaces.
f. Second Reading of Ordinance No. 127, 1979, amending the Uniform
Mechanical Code as it relates to combustion air.
g. Second Reading of Ordinance No. 128, 1979, amending the Uniform
Building Code as it relates to attic ventilation.
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October 16, 1979
h. Second Reading of Ordinance No. 129, 1979, amending the Uniform
Building Code as it relates to foundation ventilation.
The above eight Ordinances were adopted unanimously on first reading
on the Consent Agenda of the October 2 meeting and are minor changes
to the Uniform Building Code and Uniform Mechanical Code proposed by
the Chief Building Inspector.
11. Second Reading of Ordinance No. 130, 1979, Vacating a Utility Easement
at the Foothills Fashion Mall.
This Ordinance was adopted unanimously on first reading on the Consent
Agenda of the October 2 meeting and vacates a portion of a 30'
utility easement at the Foothills Fashion Mall to allow construction
of the new J.C. Penney's Store over the existing easement.
12. Second Reading of Ordinance No. 131, 1979, Amending the Zoning Oeii-
nance Relating to Signs. . .
1. Allow temporary signs for two years rather than one year.
2. Allow identification signs for subdivision sales offices.
3. Provide an amortization period for non -conforming signs located on
annexed property to be in compliance.
13. Second Reading of Ordinance No. 137, 1979, Annexing Property Known as
the Steelv Annexation.
This Ordinance was adopted unanimously on first reading on October 2
and would annex a parcel of land 100' x 300' located at 1635 South
Overland Trail.
14. Second Reading of Ordinance No. 138, 1979, Zoning Property Known as
the Steely Annexation.
This Ordinance was adopted unanimously on first reading on October 2
and zones the parcel of land described in the previous agenda item,
R-M, Medium Density Residential.
15. Hearing and First Reading of Ordinance No. 141, 1979, Vacating a
Portion of a Utility Easement in Scotch Pines, 7th Filing.
This is a request to redescribe an easement located in Lot 1 of Scotch
Pines, 7th Filing.
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October 16, 1979
16. Resolution Changing the Name of Jonathan Court in the Brown Farm
Subdivision, 6th and 7th Filinos, to Haralson Court.
This is a City initiated request to correct street name duplications
and to facilitate the sequential numbering of the houses.
17. Resolution Changing the Name of Montmor
in the Brown Farm Subdivision, 6th an
Street (running east -west)
Filings, to Garden Drive.
This is a City initiated request to correct street name duplications
and to facilitate the sequential numbering of the houses.
18. Resolution Authorizing the Expenditure of a Sum not to Exceed $12,500
This Resolution authorizes the expenditure of the City's portion of
the funding of the study.
19. Feeney Subdivision and P.U.D., Final.
This is a proposal for final approval of lots 3 and 4 of the Feeney
Subdivision, located east of S. College Avenue and south of Horsetooth
Road.
20. Pier P.U.D., Final.
This is a final proposal for a 235 unit multiple -family P.U.D. located
on the northwest corner of the intersection of Harmony Road and
Boardwalk Drive.
21. Scotch Pines P.U.D., 8th Filing, Final.
This is a final proposal for a 22 unit P.U.D. located west of Lemay
and north of Strachan Drive.
22. Routine Deeds and Easements.
a. Easement from Benedict Upholstery for a sewer line located at 1320
Riverside.
Consideration: $434.48
b. Easement from Poudre Valley Construction Co. 'for utilities,
drainage facilities and emergency access in University Square
Subdivision.
Consideration: None
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October 16, 1979
c. Easement from Poudre Valley Construction Co. for a bus stop on S.
College Avenue between Prospect and Pitkin.
Consideration: Donation
d. Right-of-way from the State Board of Land Commissioners for a
transmountain diversion conduit to the Joe Wright Reservoir.
Consideration: $100.00
e. Agreement of sale and purchase with Tom and Alice Nix for part of
the Poudre Trails System located south of Highway 14 and east of
Lemay Avenue.
Consideration: $10,000.00
f. Easement with Victoria Limited for a portion of the Spring Creek
Trails System in the Hill Pond area.
Consideration: Donation
E N D C 0 N S E N T
The following item was removed.from the Consent Calendar:'
Item No. 19: Feeney Subdivision and P.U.D., Final.
Ordinances on Second Reading were read by Title by City Clerk, Verna
Lewis:
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Second Reading of Ordinance No. 118, 1979, Relating to Payments
In -Lieu of Water Rights and Increasing the Amount of Said Payments.
Second Reading of Eight Ordinances Relating to Minor Changes in the
Uniform Building Code and the Uniform Mechanical Code.
a. Second Reading of Ordinance No.. 122, 1979, Amendingthe Uniform
Building Code as it Relates to Light and Ventilation.
b. Second Reading of Ordinance No. 123, 1979, Amending the Uniform
Building Code as it Relates to Usable Space Under Floors.
c. Second Reading of Ordinance No. 124, 1979, Amending the Uniform
Building Code as it Relates to Required Exits.
d. Second Reading of Ordinance No. 125 1979 Amending the Uniform
Building Code as it Relates to Automatic Fire Extinguishing
Systems.
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October 16, 1979
e. Second Reading of Ordinance No. 126, 1979, Amending the Uniform
Building Code as it Relates to fireplaces.
f. Second Reading of Ordinance No. 127, 1979, Amending the Uniform
Bui ding Code as it Relates to Combustion Air.
g. Second Reading of Ordinance No. 128, 1979, Amending the Uniform
Building Code as it Relates to Attic Ventilation.
h. Second Reading of Ordinance No. 129, 1979, Amending the Uniform
Building Code as it Relates to Foundation Ventilation.
11. Second Reading of Ordinance No. 130, 1979, Vacating a Utility Easement
at the Foothills Fashion Mall.
12. Second Reading of Ordinance No. 131, 1979, Amending the Zoning Ordi-
nance Relating to Signs.
13. Second Reading of Ordinance No. 137, 1979, Annexing Property Known as
the Steely Annexation.
14. Second Reading of Ordinance No. 138, 1979, Zoning Property Known as
the Steely Annexation.
Ordinances on First Reading were read by Title by City Clerk, Verna Lewis:
15. Hearing and First Reading of Ordinance No. 141, 1979, Vacating a
Portion of a Utility Easement in Scotch Pines, 7th Filing.
Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to
adopt and approve all items not withdrawn from the Consent Calendar.
YEAS: Councilmembers Bowling, Kross, Reeves, St. Croix, Wilkinson and
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Feeney Subdivision and P.U.D., Final.
Following is the City Manager's memorandum on this item.
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October 16, 1979
"Council approved the preliminary plans for the Feeney PUD, a 2.2 acre
commercial PUD located east of South College Avenue and south of Horsetooth
Road, at the July 3, 1979, meeting. Approval was subject to the applicant
addressing the condition to allow for ingress and egress of the adjoining
properties through the site, with access easement.
This current proposal is for final approval of lots 3 and 4 of the Feeney
Subdivision.
Land -use data is as follows:
Lots 3 & 4 - 42,213 square feet
Building coverage - 2,398 square feet - 5.7%
Driveway & Parking - 27,038 square feet - 64.1%
Sidewalks - 1,777 square feet - 4.2%
Landscaping - 11,000 square feet - 26%
Parking spaces - 42
As this final plan is in conformance with the approved preliminary, staff
recommends approval of the Feeney Subdivision and P.U.D., Final. There are
no outstanding issues or unresolved problems."
Mr. Feeney stated as the utility agreement is now written, there is^ no
commitment from the City and the time limit for the completion of Mitchell
Drive. He continued by saying, "what I am asking for is to again bring
this before you and get feedback from you and what kind of time table you
see on Mitchell Drive."
City Manager, John Arnold, responded that Mitchell Drive will have to go in
at some point, but he did not know how much of a commitment the City could
make to take some special action, within some particular time period; to
use condemnation powers, for example.
Mayor Bowling also echoed that guarantees cannot be given at this time.
Mr. Feeney expressed his concern for access to his back lots.
Councilman Kross made a motion, seconded by Councilman Wilkinson, to
approve the Feeney Subdivision P.U.D., Final.
YEAS: Councilmembers Bowling, Reeves, St
WiImarth.
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Croix, Kross,,.Wilkinson and
October 16, 1979
NAYS: None
THE MOTION CARRIED.
Ordinance Adopted on Second Reading
Relating to Supplementary Building Height Regulations
Following is the City Manager's memorandum on this item.
"This Ordinance passed on First Reading on a 6 to 1 vote at the October 2nd
meeting and would implement building height regulations."
Councilman St. Croix made a motion, seconded by Councilwoman Reeves, to
adopt Ordinance No. 133, 1979, on Second Reading.
YEAS: Councilmembers Bowling, Reeves, St. Croix, Wilkinson and Wilmarth.
NAYS: Councilman Kross.
THE MOTION CARRIED. i
Ordinance Adopted on Second Reading
Deleting Building Height Limitations in the I-P Zone
Following is the City Manager's memorandum on this item.
"This Ordinance passed unanimously on First Reading on October 2nd, and
deletes building height limitations from the I-P Zone."
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to
adopt Ordinance No. 134, 1979, on Second Reading.
YEAS: Councilmembers Bowling, Reeves, St. Croix, Kross, Wilkinson and
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Ordinance Adopted on Second Reading
Zoning Property Included in the Bridges Rezoning
Following is the City Manager's memorandum on this item.
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October 16, 1979
"This Ordinance passed on First Reading on a 5 to 2 vote on October 2nd,
and rezones 12.09 acres located one-half mile west of Shields and south of
Prospect from R-L-P and R-P to R-P."
Councilman St. Croix made a motion, seconded by Councilman Wilkinson, to
adopt Ordinance No. 135, 1979, on Second Reading.
YEAS: Councilmembers Bowling, St. Croix, Wilkinson and Wilmarth.
NAYS: Councilmembers Kross and Reeves.
THE MOTION CARRIED.
Ordinance Adopted on Second Reading
Zoning Property Known as the Warren Rezoning
Following is the City Manager's memorandum on this item.
"This Ordinance passed on First Reading on a 6 to 1 vote on October 2nd,
and rezones approximately 70 acres located west of the Colorado and South-
ern Railroad tracks on the north side of Horsetooth from R-L-P and R-P. to
R-P."
Councilman Wilkinson made a motion, seconded by Councilman Kross, to adopt
Ordinance No. 136, 1979, on Second Reading.
YEAS: Councilmembers Bowling, Kross, Wilkinson and Wilmarth.
NAYS: Councilmembers Reeves and St. Croix.
THE MOTION CARRIED.
Ordinance Adopted on Second Reading
Vacating a Right -of -Way in Village West, Eighth Filing
Following is the City Manager's memorandum on this item.
"This Ordinance passed on First Reading on a 5 to`.2 vote on October 2nd,
and vacates a 10 foot walkway between `lots 17 and 18 in Village West,
Eighth Filing."
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October 16, 1979
Councilmembers Reeves and St. Croix spoke in opposition to adoption of this
Ordinance.
City Manager, John Arnold, addressed the budget to provide for the walkway.
Councilman Kross made a motion, seconded by Councilman Wilkinson, to adopt
Ordinance No. 87, 1979, on Second Reading.
YEAS: Councilmembers Bowling, Kross, Wilkinson and Wilmarth.
NAYS: Councilmembers Reeves and St. Croix.
THE MOTION CARRIED.
Ordinance Adopted on First Reading
Authorizing the City to Enter into an Agreement with
Independent Audit Firm
Following is the City Manager's memorandum on this item.
"Council needs to take official action to award a three year contract to
the auditing firm selected earlier in the work session portion of the
meeting."
City Manager, John Arnold, and Assistant City Attorney, Don Deagle, clari-
fied that there are two forms of the Ordinance available for Council's
consideration.
Councilman St. Croix made the following statement, for the record: "I am
a practicing CPA, in Fort Collins, all of the people that have appeared, or
most of the people who have appeared, are colleagues of mine, and as such I
am in somewhat of an awkward position, and I have refrained from making any
substantial remarks, and will continue to do so." Councilman St. Croix
continued to explain his position, that he did not have a conflict of
interest in makino this selection.
Councilmembers then expressed their views regarding the four firms inter-
viewed. The four firms were:
1. Clifton, Gunderson and Company
2. Kruchten and Company
3. Erickson, Hunt and Spillman
4. Welsh, Thompson and Associates
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October 16, 1979
Councilman Kross made a motion, seconded by Councilman Wilmarth, to appoint
the firm of Clifton, Gunderson and Company as the City's auditor.
YEAS: Councilmembers Bowling, Kross, Reeves, Wilkinson and Wilmarth.
NAYS: None
Councilman St. Croix abstained.
THE MOTION CARRIED.
City Clerk, Verna Lewis, read the Ordinance at length.
Councilwoman Reeves made a motion, seconded by Councilman Kross, to adopt
Ordinance No. 142, 1979, on First Reading.
YEAS: Councilmembers Bowling, Kross, Reeves, Wilkinson and Wilmarth.
NAYS: None
Councilman St. Croix abstained.
THE MOTION CARRIED.
Bridges P.U.D., Preliminary,
Referred Back to Planninq and Zoninq Board
Following is the City Manager's memorandum on this item.
"The developer is requesting preliminary planned unit development approval
for 12.09 acres consisting of 96 multiple family units, 6.42 acres of
private open space, and requisite parking. The site is located south of
Prospect Avenue and approximately 112 mile west of Shields Street, all
within the municipal limits. The property is conditionally zoned R-P with
a maximum of 8.0 dwelling units per acre and is presently vacant. The
surrounding zoning and land uses are as follows:
N: R-L; existing single familly.residences
(Fairview West Subdivision)
S: R-L; existing single family residences
(Foothills Green Subdivision)
E: R-L-P and R-P; vacant
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October 16, 1979
W: R-L; existing single family and residence with the remaining
property vacant (proposed passive solar townhomes and patio
homes in the Sunspot P.U.D.)
Area . . . . . . . . . . . . . . . . . . . . 12.0951 acres
Total units . . . . . . . . . . . . . . . . 96 dwelling units
Density (gross) . . . . . . . . . . . . . . 7.94 DU/acre
Unit types
Sixplex (5) . . . . . . . . . . . . . . 30 DU - 2 bedrooms
Nineplex (6) . . . . . . . . . . . . . . 54 DU - 2 bedrooms
Townhouse (12) . . . . . . . . . . . . . 12 DU - 2 bedrooms
TOTAL . . . . . . . . . . . . . . . . 96 DU - 100% 2 bedrooms
Open Space
Active . . . . . . . . . . . . . . . . . 168,712 sq. ft. (32%)
Residual . . . . . . . . . . . . . . . . 110,982 sq. ft. (21.1%)
TOTAL . . . . . . . . . . . . . . . . 279,694 sq. ft. (53.3%)
Parking
Required (1.75/2 bedroom DU) 168 spaces
Provided . . . . . . . . . . . . . . . . 176 spaces
Maximum number of units permitted
(8 DU/acres) . . . . . . . . . . . . . . 96 DU
Recommendation
The staff of the Department of Planning and Development recommended ap-
proval to the Planning and Zoning Board of the preliminary plat of the
Bridges P.U.D. subject to the following conditions:
1. That the emergency fire lane be designed to Fire Department
requirements;
2. That the "overhead trellis" be a minimum height of 13'6";
3. That a bike lane be provided along Prospect Road and that provi-
sion be made for bicycle storage;
4. That access easements be provided on all parking lots and drives;
5. That the plan be re-evaluated to strengthen the pedestrian connec-
tion with the active open space area;
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October 16, 1979
6. That the developer provide evidence identifying measures to reduce
impact of multiple family buildings on adjacent low density
uses;
7. That the plan be revised to provide for a local public street
connection between the Sunspot P.U.G. and the vacant parcel to the
east of the subject property; that provision be made for cross
pedestrian traffic with adjacent development; that all curb cuts
to Prospect Road be restricted to intersections with local public
streets.
The Planning and Zoning Board at their reaular business meeting concurred
with the staff's conditions, but felt that they would involve such sub-
stantial changes in the site plan, that conditional approval was not
possible and recommended its denial.
The developer is aware of and understands this recommendation.
Subsequent to the Planning and Zoning Board meeting the staff and developer
have met on several occasions to discuss the conditions. After detailed
negotiation, the developer has submitted a revised site plan which, -the
staff feels successfully addresses all the conditions.
Objectors from the surrounding neighborhood were present at the meeting.
One letter of objection was received.
Planning and Development Director, Charles Mabry, identified the area in
question and presented slides of the proposal, the staff's recommendation
for approval and the Planning and Zoning Board's recommendation for denial.
Councilman Wilkinson made a motion, to approve the Bridges P.U.D., Pre-
liminary.
Mayor Bowling declared the motion dead for lack of- a second.
Councilwoman Reeves made a mot.ibn; seconded by Councilman Wilmarth, to
refer this item back to the Planning and Zoning Board.
YEAS: Councilmembers Kross, Reeves, St. Croix and Wilmarth.
NAYS: Councilmembers Bowling and Wilkinson
THE MOTION CARRIED.
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October 16, 1979
Resolution Adopted, Making Appointment to
Citv's Retirement Committee
Following is the City Manager's memorandum on this item.
"Warren Dalke's term as a member of the Retirement Committee has expired
creating an opening on this committee. In order to fill the vacancy with a
City employee member, notification was distributed asking for interesting
employees to apply for the position.
Three people, Wayne Taylor, Don Botteron and Roger Krempel, have applied
for the opening.
We submit their applications to you for appointment of the new member for
the Retirement Committee."
Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to
appoint Don Botteron to the Retirement Committee.
YEAS: Councilmembers Bowling, Reeves, Kross, St. Croix and Wilkinson.
NAYS: Councilman Wilmarth.
THE MOTION CARRIED.
Councilman St. Croix made a motion, seconded by Councilwoman Reeves, to
adopt the Resolution.
YEAS: Councilmembers Bowling, Kross, Reeves, St. Croix and Wilkinson.
NAYS: Councilman Wilmarth.
THE MOTION CARRIED.
Resolution Adopted Authorizing the City to Exercise
a Right -of -First Refusal on the Purchase of 13 T-Hangars
at the Fort Collins/Loveland Airport
Following is the City Manager's memorandum on this item.
"In 1977, when Fort Collins and Loveland approved the leasing of airport
property to Nordic Construction for the purpose of erecting forty T-hangars
they negotiated a right of first refusal to purchase the hangars in the
event they were offered for sale. We have now been formally notified of a
October 16, 1979
proposed sale of 16 of the hangars with three of the 16 to be immediately
reconveyed back to the seller in order to establish a tax base for those
three.
The Airport Ad Hoc Committee has examined the proposed sale and has deter-
mined the cities could acquire the 13 hangars for $130,000 and, given
long-term financing, pay for them out of rental fees generated by the 13
hangars themselves.
The attached Resolution authorizes the City to exercise the right of first
refusal and the following Ordinance authorizes the City to borrow $65,000
on a short-term basis with a "rollover" provision to extend the payments
over a ten-year ,period. Finance Director Ron Wood will be present at the
meeting to present a payoff schedule.
Staff recommends approval of both the Resolution and the Ordinance."
Councilman Wilkinson made a motion, seconded'by Councilman St. Croix, to
adopt the Resolution.
YEAS: Councilmembers Bowling, Kross, Reeves, St. Croix, Wilkinson :and
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Ordinance Adopted as an Emergency Ordinance
Authorizing the City to Borrow $65,000 to Purchase
13 T-Hangars at the Fort Collins/Loveland Airport
Following is the City Manager's memorandum on this item.
"See previous agenda item for background information.
The first right of refusal agreement states that the City has 30 days to
pay for the hangars; therefore we are presenting this Ordinance as an
Emergency Ordinance."
Councilman St. Croix made a motion, seconded by Councilwoman Reeves, to
Adopt Ordinance No. 143, 1979, as an Emergency Ordinance, on First Reading.
YEAS: Councilmembers Bowling, Kross, Reeves, St. Croix, Wilkinson and
Wilmarth.
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October 16, 1979
NAYS: None.
THE MOTION CARRIED.
Resolution Adopted, Accepting the Recommendation of
the Director of Public Works and Authorizing the City
Engineer to Prepare a Report on the Formation of a
Special Improvement District
Following is the City Manager's memorandum on this item.
"This is a proposed storm sewer improvement district for the area generally
bounded by South College Avenue - Harmony Road - Colorado and Southern
Railroad - Horsetooth Road. All property owners with the exception of one,
previously requested the formation of such a district.
Enclosed are recommendations from the Director of Public Works and the
engineering report for the district as required by the improvement district
ordinance. Staff recommends Council proceed with the adoption of the
attached Resolutions as the first step in the formation of the district.
Staff will then proceed with the notification to property owners. The
hearing date for the district will then be set for the regular Council
meeting of November 20."
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to
adopt the Resolution.
YEAS: Councilmembers Bowling, Kross, St. Croix, Reeves, Wilkinson and
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Resolution Adopted as Amended, Accepting the Report from
the City Engineer on Storm Sewer District #17 and Directing
that a Hearing be and Notice Given
Following is the City Manager's memorandum on,this item.
"See previous agenda item for background information."
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Assistant City Attorney, Don Deagle, informed Council that a minor amend-
ment was needed. In Section 4 of the Resolution, the ten properties are
identified by percentages; these ten properties should be identified in
acres.
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to
amend the Resolution in Section 4, by changing the percentages to acres.
YEAS: Councilmembers Bowling, Kross, Reeves, St. Croix, Wilkinson and
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
X
Resolution Adopted, Authorizing the
Acquisition by Eminent Domain of Certain Lands'
Following is the City Manager's memorandum on this item.
"The attached memorandum outlines the chronological sequence of events
concerning the negotiations with Howard Bender on the Poudre Trail pur-
chase.
Council needs to determine whether to authorize the condemnation of the
last parcel needed for the current construction contract."
Councilmembers expressed concern for having a continuous trail and the
need to acquire the property in a timely manner to continue construction.
Mr. Howard Bender, owner of the property, reported he felt his investment
in the land is worth more than the City's,offer.
Councilman St. Croix made a motion, seconded by Councilwoman Reeves, to
adopt the Resolution. 1,
YEAS: Councilmembers Bowling, Kross, Reeves, St. Croix, Wilkinson and
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
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October 16, 1979
Citizen Participation
A. Proclamation: Naming October 24 as United Nations International Year
of
the Child, was.received by Miss Agnes Lilley.
B. Charlie Isgar, Colorado State Student Body President, was recognized
by
Mayor Bowling.
C. Jim Welch, representing the New Age Energy Committee, reported at the
recent trade fair, and encouraged the Council to continue to support
the Energy Conservation efforts.
Ordinance Adopted on Second Reading,
Repealing Ordinance No. 91, 1979, Which Ordinance Provided
for the Extension for a One Percent Increase in the Sales and
Use Tax from March 31 1980 through December 31, 1981
Following is the City Manager's memorandum on this item.
"This Ordinance passed on First Reading on a 5 to 2 vote on October 2."
Mr. Mike Albert, representing the Ice Skaters Association, spoke to the
need
for an ice skating rink in Northern Colorado.
Councilmembers then made individual comments regarding the ice rink and
the
Seven Year Capital Improvements Program.
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to
adopt
Ordinance No. 139, 1979, on Second Reading.
YEAS: Councilmembers Bowling, Reeves, Wilkinson and Wilmarth.
NAYS: Councilmembers Kross and St. Croix.
THE MOTION CARRIED.
Ordinance Adopted on Second Reading, Providing for
Imposition of a One Percent Retail Sales Tax to be
effective March 21, 1980.
Following is the City manager's memorandum on this item.
" This Ordinance passed on First Reading on a 5 to'2 vote on October 2, 1979."
Attorney Justus Wilkinson spoke in opposition to the ordinance.
Ms. Donna Witter inquired into previous budget formulations.
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to adopt
Ordinance No. 140, 1979.
YEAS: Councilmembers Bowling, Reeves, Wilkinson and Wilmarth.
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October 16, 1979
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NAYS: Councilmembers. Kross and St. Croix.
THE MOTION CARRIED.
Resolution Adopted as Amended
Adopting the City's 1980 Bud et
Following is the City Manager's memorandum on this item.
"Based on Council actions and discussion the attached material summarizes the
current situation on the budget."
City Manager, John Arnold, called Council's attention to some revisions in the
numbers in the budget as follows:
1. Light and Power Fund; change from $19,073,010 to $19,003,910.
2. Total Enterprise Funds; change from $38,075,904 to $38,006,804.
3. Street Oversizing Fund; change from $493,705 to $495,000.
4. Total Intergovernmental and Special Funds; change frog $3,314,866 to
$3,315,161.
5. Total all Funds; change from $59,428,872 to $59,361,067.
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to amend the
Resolution (outlined above) as.reported by -the City Manager.
YEAS: Councilmembers Bowling, Reeves, St' -Croix, Kross, Wilkinson and Wilri'marth.
NAYS: None.
THE MOTION CARRIED.
Councilman Wilkinson made a motion, seconded by Councilman Wilmarth, to adopt
the Resolution as amended.
Ordinance Adopted as Amended on First Reading
Relating to.the City's Annual Appropriations for
1980 and Making the Mill Levy
Following is the City Manager's memorandum on this item.
"Attached is the Annual Appropriations Ordinance for 1980, with figures based
on Council actions and discussions concerning the.budget."
Councilman Wilmarth made a motion, seconded by Councilwoman Reeves, to amend
Ordinance No. 144, 1979, to correspond with the budget resolution.
YEAS: Councilmembers Bowling, Kross, Reeves, St. Croix, Wilkinson and Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Councilwoman Reeves made a motion, seconded by Councilman Wilmarth, to adopt
Ordinance No. 144, 1979, as amended.
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October 16, 1979
YEAS: Councilmembers Bowling, Kross, Reeves, St. Croix, Wilkinson and
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Ordinance Adopted on First Reading
Relating to Parkland Fees and Increasing
the Amount of said Fees to $450.00
Following is the City Manager's memorandum on this item.
"The 1980 recommended Parkland Fee which was discussed in a budget work
session is $450.00. The present fee is $275.00 and does not allow the City
to adequately purchase and develop neighborhood park sites.
The $450.00 fee is a recommendation of the Parks and Recreation Advisory '
Board. The Board is also preparing a recommendation to the Council on park
standards for the community which will be useful in prioritizing the
expenditure of future Parkland Funds."
Councilman St. Croix made a motion, seconded by Councilman Kross, to adopt
Ordinance No. 145, 1979, on First Reading.
YEAS: Councilmembers Bowling, Kross, Reeves, St. Croix, Wilkinson and tt,
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Resolution Adopted
Adopting 1980 Recreation Fees
Following is the City Manager's memorandum on this item.
"The 1980 recommended budget contains recreation fee increases to cover the
true costs of providing,.various programs to the community. These fees were
reviewed by Council at°the September 25th budget work session.
A schedule of the fees is incorporated into the Resolution to show the
recommended rates for 1980.
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I
October 16, 1979
We recommend approval of the Resolution."
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to
adopt the Resolution.
YEAS: Councilmembers Bowling, Reeves, St. Croix and Wilkinson.
NAYS: Councilmembers Kross and Wilmarth.
THE MOTION CARRIED.
Resolution Adopted
Adopting the 1980 Cemetery Fees
Following is the City Manager's memorandum on this item.
"The proposed 1980 cemetery fees were reviewed with Council at the Sep-
tember 25th budget work session. A change in the perpetual care rate from
$50 to $100 has been proposed following Council's discussion on this
item.
The 1980 rates will allow 60 percent of the cemeteries' operation and
maintenance costs to be financed from fees and charges.
We recommend approval of the Resolution."
Councilwoman Reeves made a motion, seconded by Councilman St. Croix, to
adopt the Resolution.
YEAS: Councilmembers Bowling, Kross, Reeves, St
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Croix, Wilkinson and
Ordinance Adopted on First Reading
Appropriating Reserves for the Construction
of a Cemetery Maintenance Facility
Following is the City Manager's memorandum on this item.
"The 1979 General Fund budget included $97,500 for construction of a
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October 16,1979
cemetery maintenance building. We had proposed to transfer Revenue Sharing
funds into the General Fund to cover the cost. The use of Revenue Sharing
funds for that purpose would have required compliance with Davis -Bacon
procedures, which would have increased the construction cost approximately
$25,000.
The maintenance building is needed to improve the efficiency in maintaining
the cemeteries and for the safety of the employees. We are proposing that
the building be constructed using unappropriated reserves in the Perpetual
Care Fund. Our legal staff has reviewed the proposal in light of charter
and ordinance requirements and concludes that it is legally acceptable.
The proposal includes repaying the Perpetual Care Fund from the revenues of
the Cemetery Fund over a period of 5 years at 7.5% interest. The annual
payment would be $24,098 and is included in the 1980 proposed Cemetery
Fund budget as we have discussed during Council Budget Hearings."
Councilmembers inquired into the provisions of the Davis -Bacon Act, the
size of the building, and requested further information on the proposed
building.
Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to
adopt Ordinance No. 147, 1979.
YEAS: Councilmembers Bowling, Kross, Reeves, St. Croix, Wilkinson and
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Ordinance Adopted on First Reading
Adopting the 1980 City of Fort Collins Pay Plan
Following is the City Manager's memorandum on this item.
"At the October 9th work session Employee Development Director, Mike
Powers, briefed Council on the 1980 Employee Pay Plan.
The enclosed Ordinance would adopt the 1980 Pay Plan."
Councilman St. Croix made a motion, seconded by Councilwoman Reeves, to
adopt Ordinance No. 146, 1979.
YEAS: Councilmembers Bowling, Reeves, St
Croix, Wilkinson and Wilmarth
1
1
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October 16, 1979
NAYS: Councilman Kross.
THE MOTION CARRIED.
Ordinance Adopted on First Reading
Establishinq a Transfort Fund
Following is the City Manager's memorandum on this item.
"As a result of the 1978, 1979, and 1980 Budgets, there are five funds that
are either proposed or in operation that need to be established by Ordi-
nance in accordance with City Charter. Section 26 of Article 5 of the
Charter of the City of Fort Collins states:
"Special funds may be created for any purpose by Ordinance; any ,c
ordinance creating a special fund shall also specify the source of
revenue and the purpose and manner of expenditure."
These new funds are included within the proposed 1980 Budget. They are the
Community Services Fund, Cemetery Fund, and Performing Arts Fund. The
Community Services Fund is being established to administer selected pro-
grams with funding from sources outside of the City of Fort Collins. The
Cemetery Fund is being established primarily to provide management informa-
tion as to how much subsidy is required to operate the cemeteries. The
Performing Arts Fund is being established to separate the cost of profit or
loss derived from bringing cultural events to the City of Fort Collins by
the City.
Two funds that were established in the 1978 and 1979 Budgets need to be
established. They are the Lincoln Community Fund and the Transfort Fund."
Councilwoman Reeves made a motion, seconded by Councilman St. Croix, to
adopt Ordinance No. 148, 1979.
YEAS: Councilmembers Bowling, St. Croix, Kross, Reeves, Wilkinson and
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Ordinance Adopted on First Reading
Establishing a Cemetery Fund
Following is the City Manager's memorandum on this item.
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October 16, 1979
"Background information is included in the memorandum for the preceding
item."
Councilman St. Croix made a motion, seconded by Councilwoman Reeves, to
adopt Ordinance No. 149, 1979.
YEAS: Councilmembers Bowling, Kross, Reeves, St. Croix, Wilkinson and
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Ordinance Adopted on First Reading
Establishing a Performinq Arts Fund
Following is the City Manager's memorandum on this item.
"Background information is included in memorandum for item number 51A."
Councilman St. Croix made a motion, seconded by Councilman Kross, to adopt
Ordinance No. 150, 1979.
YEAS: Councilmembers Bowling, Kross, Reeves, St. Croix, Wilkinson and
Wilmarth.
NAYS: None.
THE MOTION CARRIED.
Ordinance Adopted on First Reading
Establishing the Lincoln Community Center Fund
Following is the City Manager's memorandum on this item.
"Background information is included in memorandum for item number 51A."
Councilwoman Reeves made a motion, seconded by Councilman Wilmarth, to
adopt Ordinance No. 151, 1979.
YEAS: Councilmembers Bowling, Kross, Reeves, St. Croix, Wilkinson and
Wilmarth.
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1
October 16, 1979
NAYS: None.
THE MOTION CARRIED.
Ordinance Adopted on First Reading
Establishina the Communitv Services Fund
Following is the City Manager's memorandum on this item.
"Background information is included in memorandum for item number 51A."
Councilman St. Croix made a motion, seconded by Councilman Wilmarth, to
adopt Ordinance No. 152, 1979.
YEAS: Councilmembers Bowling, Kross, Reeves, St. Croix, Wilkinson and
Wilmarth.
NAYS: None
THE MOTION CARRIED.
Ordinance Adopted on First Reading
Providing for an Adjustment of the
Water Utilities Plant Investment Fees
Following is the City Manager's memorandum on this item.
"Attached is a memo outlining the need to increase Water Plant Investment
Fees by 10% in 1980. These fee increases were discussed at the Water
Department's 1980 budget work session last month. This increase is needed
to insure that capital costs to make improvements to the water system that
are related to new growth are paid for by that growth.
In the same memo, we show that the present level of Investment,Fees will be
sufficient to cover growth related sewer costs in the next:severa] years.,
Therefore, we are not requesting an increase at this time."
Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to
adopt Ordinance No. 153, 1979.
YEAS: Councilmembers Bowling, Reeves, Kross, St. Croix, Wilkinson and
Wilmarth.
-219-
NAYS: None.
THE MOTION CARRIED.
October 16, 1979
Ordinance Adopted on First Reading
Providing for the Billing of Water
and Sewer Tap Charges on the Basis
of Actual Charges Incurred
Following is the City Manager's memorandum on this item.
"The tap fee schedule was intended to cover the cost to the City of instal-
ling the service line from the main to the property line. These fees have
not changed for several years although the cost to do this work was in-
creased considerably due to inflation. The cost was originally set to be
an average cost recognizing some services would be more expensive and
some would be less expensive to install.
It has been the policy of the City to collect these tap fees only on the '
individual taps that are made in developed areas where streets are already
paved. In new developments under construction, our policy has been to
allow the developer the option of digging the trench for water services and
the City would install the service. Under this policy we would bill the
developer only for the time and materials required to install the service.
The developer also can, and almost always does, install the sewer services
at the time the sewer main is laid. We have not collected any tap fees
for these situations since the City has had no direct costs.
The City presently is able to capture the costs associated with making a
service tap for either water or sewer. We can bill each customer their
actual costs incurred by the City for making each tap. We no longer need
to charge the same fee to every customer knowing that some customers would
be paying more than their true costs while others would be paying less.
The attached Ordinance would delete the provisions relating to the tap
charges from the City Code and would provide for a direct charge for the
City's costs.
Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to
adopt Ordinance No.154, 1979, on First Reading.
YEAS: Councilmembers Bowling, Reeves, St. Croix, Kress, Wilkinson and
Wilmarth.
NAYS: None.
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October 16, 1979
THE MOTION CARRIED.
Ordinance Denied on First Readinq
Establishing an Interim Storm Drainage Utility Fee
Following is the City Manager's memorandum on this item.
"Council has previously discussed the creation of a Storm Drainage Utility
to fund storm drainage improvements. This Ordinance establishes an interim
fee of $1.50 per month per basic residential service unit.
Council will receive additional background information under separate
cover."
Mr. A.R. Young, Economist, suggested the program is oversized and under-
studied, from a dollar point of view.
Mr. Lester Dale, 717 Eastdale Drive, spoke in opposition to the ordinance
as did Mr. Cecil Bowden, 709 Eastdale Drive, another unidentified woman of
Eastdale Drive.and Attorney Justus Wilkinson.
Councilman Wilkinson made a motion, seconded by Councilman St. Croix; to
deny Ordinance No. 155, 1979.
YEAS: Councilmembers Bowling, St. Croix, Wilkinson and Wilmarth.
NAYS: Councilmembers Kross and Reeves.
THE MOTION CARRIED.
Ordinance Adopted on First Reading
Providing for the Collection of a
Storm Drainage Plant Investment Fee
Following is the City Manager's memorandum on this 'item.
"This Ordinance attaches a storm drainage plant investment fee to the
issuance of building permits in order to insure that new developments
provide the required storm drainage facilities. The fee is to be cal-
culated at the rate of $.0545 per square foot net lot area for all uses.
Council will receive additional background information under separate
cover."
-221-
October 16, 1979
Councilman Wilmarth inquired if it was not the intent of this Ordinance to
tie the plant investment fee to the building permit? Assistant City
Attorney, Don Deagle, clarified that this is indeed the intent and he
recommended further that this Ordinance be amended prior to second reading
to make that intent a part of the Ordinance.
Councilman St. Croix made a motion, seconded by Councilwoman Reeves, to
adopt Ordinance No. 156, 1979, on First Reading.
YEAS: Councilmembers Bowling, Kross, Reeves, St. Croix, and Wilkinson.
NAYS: Councilman Wilmarth.
THE MOTION CARRIED.
Ordinance Adopted on First Reading
Appropriating Funds from Accumulated Reserves
in the Sewer Utility Fund for Storm Drainage Purposes
Following is the City Manager's memorandum on this item.
"There is a great need to begin immediate work on several studies related
to Storm Drainage. These studies will form the basis for decisions regard-
ing policies and construction programs for many years to come.
Under the present financial structure, funds for these studies will not
become available until sometime in 1980. We cannot wait that long.
It has been proposed and recommended by the Storm Draianage Board and the
Water Board that $100,000 be transferred from the Sewer Fund to be used for
these studies. This would later be returned to the Sewer Fund by the Storm
Drainage Fund once it is established and operating in 1980. The appropria-
tions would be utilized as follows:
Fox Meadows Basin $20,000
Foothills Basin 30,000
Spring Creek Basin 25,000
Spring Creek Preliminary & 25,000
ROW Plans Is
Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, to
adopt Ordinance No. 157, 1979, on First Reading.
YEAS: Councilmembers Bowling, Kross, Reeves, St. Croix and Wilkinson.
-222-
October 16, 1979
NAYS: Councilman Wilmarth.
THE MOTION CARRIED.
Decision of Zoning Board of Appeals
ardina Sian at 200 Linden Street Upheld
Following is the City Manager's memorandum on this item.
"Several downtown merchants asked the City to inspect a new sign which
recently appeared on a building on Linden Street. They requested a deter-
mination as to whether or not this sign is in compliance with the municipal
sign code. The City had been unaware of the existence of the sign, as it
had been erected without a permit.
On September 11, 1979, the sign was inspected and its owner, Mr. Bob
' Widdows of Widdows Sew -Vac at 200 Linden Street, was contacted. The sign
consists of a large brick wall which is painted yellow; on this background
black and red lettering and products are painted. The.wall and the sign
thereon are located above the roof of the owner's store at the above
address.
Mr. Widdows stated that he feels the painted surface should not be con-
sidered a sign since it is located on the inside wall of his building. He
explained that the building was formerly two stories high, and that the
second story had been removed, with the exception of the veritical wall
which abuts the adjacent two-story building. This wall had been left
intact.
An examination of the wall revealed that it is indeed a part of Mr. Wid-
dows' building and not part of his neighbor's building. Since the painted
surface clearly meets the definition of "sign" set forth in Section 118-11
of the City Code, and because it was erected on Mr. Widdows' building and
above the roof of that building, it was determined that it would most
properly be classified as a "rooftop sign". (Rooftop signs are defined as
signs erected upon or above a roof or above a parapet wall ,of a building.)
Mr. Widdows was advised that his rooftop sign would have to be removed„ as
such signs are prohibited in the City. It was also pointed out that the
sign is illegal becauue it was erected without a permit and because, due to
its size, it exceeds the sign allowance (total sign area allowed by the
sign code) for the building on which it is located.
As it was impossible to convince Mr. Widdows that his sign is illegal, it
-223-
October 16, 1979
was suggested that the issue be presented to the Zoning Board of Appeals
for its review and interpretation. The next day (September 13,1979) the
Board considered this matter at its regular meeting. The Board voted
unanimously to classify the sign as a rooftop sign, thereby determining
that it must be removed.
Mr. Widdows is now appealing this decision.
Since this is an appeal, the Council should not hold a new hearing on all
the evidence. Rather it should review the record from the Zoning Board of
Appeals, listen to limited oral argument by involved parties, and any new
evidence not presented to the Zoning Board of Appeals, and then decide
whether to uphold the Board's decision.
Zoning Inspector, Jim Gionfriddo, summarized the situation, and presented
slides of the sign in question.
Appellant, Mr. Bill Widdows, spoke in opposition to the definition applied
to this sign, classified as a rooftop sign and requested the City Council
overrule the decision of the Zoning Board of Appeals. He presented a
petition with 35 signatures of adjacent business people, adjacent to the
properties, who indicated they were unopposed to the sign.
Councilman Kross made a motion, seconded by Councilwoman Reeves, to uphold
the decision of the Zoning Board of Appeals.
YEAS: Councilmembers Bowling, Kross and Reeves.
NAYS: Councilmembers St. Croix, Wilkinson and Wilmarth.
Mayor Bowling declared the vote a tie; and since the Council had not taken
positive action to overrule the Zoning Board of Appeals, their decision
stands.
Decision of the Zoning Board of Appeals
on a Variance Request at 304 East Mulberry, Upheld
Following is the City Manager's memorandum on,this item.
"On September 13, 1979, the Zoning Board of Appeals considered a variance
request for the property at 304 East Mulberry Street. This request, heard
as Appeal No. 1101, was granted by a vote of three to two. Some of the
adjacent property owners, represented by attorney David S. Power, are
appealing this decision.
-224-
October 16, 1979
The property at 304 East Mulberry Street is located in an R-H (high density
residential) zone, which allows both residential development and certain
business uses, including professional offices. The neighborhood in which
the subject property is situated has already experienced a partial transi-
tion to office uses: Jim Scavo Realty (220 East Mulberry), Cabin Country
Realtors (312 East Mulberry) and Gatteau Realtors (334 East Mulberry)
represent examples of residential properties which have been converted to
business uses. There remain, however, five residences in the 300 block of
East Mulberry Street (on the North side of the street), including the
subject property at 304 East Mulberry.
The variance, as requested by Mr. Norman Ginther, the prospective owner,
would permit the conversion of the existing residence at 304 East Mulberry
Street into two floors of professional office space and a basement apart-
ment. Mr. Ginther was represented at the Zoning Board of Appeals meeting
by Mr. Les Kaplan.
The need for this variance arises from the limited size of the property and
the resulting unavailability of sufficient off-street parking to meet the
' requirements set forth in the Zoning Ordinance. Specifically, the variance
would reduce the lot area requirement from 12,000 square feet to 11,800
square feet and the off-street parking requirement from 19 spaces to 12
spaces, for an office use (plus a basement apartment) in the R-H zone.
Interest in the conversion of the residence -at 304 East Mulberry Street
first came to light in July 1979, when Mr. Randall Larsen appeared before
the Zoning Board of Appeals, requesting a variance of the lot area and
parking requirements (Appeal #1083). Mr. Larsen's proposal involved the
conversion of both floors and the basement into office space. The parking
requirement, which is a function of building floor area, was therefore
considerably greater than that for Mr. Ginther's proposal, since three
floors of office space were involved rather than two. Mr. Larsen requested
a reduction of the lot area requirement from 12,000 square feet to 11,800
square feet, and a reduction of the off-street parking requirement from 26
spaces to 11 spaces. The Zoning Board of Appeals denied this request by a
vote of three to one. That decision was not appealed.
On September 13, 1979, Mr. Kaplan appeared before the Board with Appeal
#1101. As stated earlier, that variance was granted' and is now under
appeal by some of the neighbors.
Since this is an appeal, the Council should not hold a new hearing on all
the evidence. Rather it should review the record from the Zoning Board of
Appeals,
listen to limited
oral argument by
involved parties, and any new
evidence
not presented to
the Zoning Board
of Appeals, and then decide
whether
to uphold the Board's
decision.
-225-
October 16, 1979
Assistant City Attorney, Don Deagle, called Council's attention to a letter
submitted by Attorney David Power, who wished his written arguments con-
sidered.
This letter is made part of the record.
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1
October 16, 1979
City Council of the City of Fort Collins '
Fort Collins, Colorado 1
Re: Zoning Board of Appeals
No. 1101
304 East Mulberry Street
I
Dear Council Members:
This office represents Mrs. Jane Goodwin who resides at 314 East Mulberry
and the other residents in the 300 block of East Mulberry. When I filed
a request for a rehearing on September 27, I was not advised as to when
r
this matter would be heard, and, therefore, because of a prioconflict,
cannot be in attendance to present our argument in opposition to action
taken by the Toning Board of Appeals. Therefore, upon the suggestion of
the City Clerk's office, I will attempt to reduce those arguments into
written form. -
If you are familiar with the property involved, you would know that this
house is one of the few older Fort Collins homes that has been maintained
in relatively good condition. Although I do not know the chain of owner-
ship of the property, I do know that it was at one time owned by a client
of this office and who resided in the house as a child. The neighborhood
itself is residential in nature with two basic exceptions: Gatteau Realtors
Ltd. located at 334 East Mulberry and Cabin Country Realtors Inc. located
at 3.12 East Mulberry. The residents of the neighborhood consist of essen-
tially older individuals.
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October 16, 1979
City Council of the City of Fort Collins
October 16, 1979 I
Page -2- — -
In July of this year, an attempt was made byia Randall E. Larson, under ap-
peal No. 1083, to obtain a similar variance to reduce the'lot'area require-
ment from 12,000 square feet to 11,800 square feet and the off-street parking
requirement from 26 spaces to 11 spaces for an office use in an R-H zone.
On behalf of my client, I responded by letter, stating our objection which
was based essentially upon the continued commercial growth and the problems
related to that growth. I also enclosed a copy of a petition which had been
submitted to an owner of a different parcel of real estate bust which evidenced
the residents' concern over the condition of the neighborhood. That request
for a variance was denied.
The matter that is before this Council is to review the a ---
Board of A pproval by the Zoning
ppeals of Appeal No: 1101 requested by Mr. Norman Ginther. The re-
quested variance was identical to the one that had previously been denied ex-
cept to the extent that the off-street parking requirements be reduced from 19
spaces to 12 spaces. Upon receipt of the notification -of that request, I again'
filed our written objection and enclosed another copy of the petition previously
' submitted to that Board. Unfortunately, the Board granted this variance request which, it is my understanding, was opposed by the Zoning Inspector's Office.
Undoubtedly, the members of the Council have not had the opportunity to personal-
ly inspect this property and residential area. I would urge 'upon you the neces-'
sity of doing so. Only a personal inspection would reveal the deteriorated con-
dition of the alleyway which would further deteriorate as a result of increased'
commercial traffic. As pointed out in my letter of September 12, commercial use
Of this property would cause increased traffic in the alley which is unpaved and
unlighted.
In addition, the residents have already experienced difficulty in using the alley
in order to gain access to their property because of the increased commercial use
and the unauthorized parking of vehicles in the alley. In the event that the in-
tended parking spaces are insufficient to handle the needs of the building, there
is every possibility that patrons of the occupant or occupants of that building
would use the alleyway for parking. This could not only compound the difficulty
that the residents of the neighborhood are currently experiencing but could .pose a fire hazard by impeding the access of fire vehicles to these various properties.
As i further pointed out to the Toning Board of Appeals in my letter of September
12, my client has also experienced problems with people parking so close to her,
driveway and access to Mulberry that it has become dangerous,to use her own drive-,
way. Further commercial development with variances in available parking can do-
nuthing but to compound this problem, as well. ,
There has been substantial problems with letter and garbate in that area: Commercial
development of this property with the limited parking can only result in a larger
number of people residing and working within a limited area.- In turn, this would
create more trash and waste materials. -
-227-
October 16, 1979
We accept the fact that commercial growth comes with the growth of any area and
Increase in population. We also appreciate and support this Council's attempts
to maintain the downtown area as a viable area for commercial development. However,
this growth, and the variances requested by commercial developers, must be closely
controlled so that they do not adversely affect the rights of the life long residents
of the neighborhood. My client and her neighbors do not wish to stand in opposition
to controlled commercial growth. On the other hand, they feel that they have the right
to maintain their properties and life styles in the same manner as in the past.
It is for these reasons that we request this Council to review and over rule the de-
cision of the Zoning Board of Appeals in granting this variance. I would ask that
YOU question why in July a very similar request was denied by that Board and then
subsequently approved on the request of another individual.
Respectfully submitted,
(_—David-S:—Powe
r-`�
Councilman Wilmarth declared he had a conflict in this matter and asked to
be excused.
Council then considered the written arguments submitted by the appellant
and the record in this agenda.
Councilman Kross made a motion, seconded by Councilman St. Croix, to uphold
the decision of the Zoning Board of Appeals.
YEAS: Councilmembers Bowling, Kross, Reeves, St. Croix, and Wilkinson.
NAYS: None.
THE MOTION CARRIED.
(Councilman Wilmarth out of room).
Other Business
A. Councilman Wilkinson requested the staff review the Ordinance provision
regarding erected signs.
B. Mayor Bowling stated Council needed to make an appointment of a Coun-
cilmember to Air Quality Committee of the COG; by acclamation Council-
man Kross was elected.
-228-
October 16, 1979
C. Councilwoman Reeves requested further discussion regarding the ice rink
and swimming pool. Council members suggested referring this item back
to the Parks and Recreation Board with a recommendation by a certain
date.
City Manager, John Arnold, reminded Council the Parks and Recreation Board
is currently considering this request and will take it up at their meeting
on November 13, 1979.
Councilwoman Reeves made a motion, seconded by Councilman Kross, to refer
this ice rink -swimming pool to the Parks and Recreation Board with a report
in November.
YEAS: Councilmembers Kross, Reeves and Wilkinson.
NAYS: Councilmembers Bowling, St. Croix and Wilmarth.
THE MOTION FAILED.
Adjournment
The meeting was adjourned at 10:25 p.m.
LOP.., -
Mayor `
A 7
T:
Ci ler
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