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HomeMy WebLinkAboutMINUTES-11/06/1979-RegularJ November 6, 1979 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Regular Fleeting - 5:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, November 6, 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, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Absent: None. Staff Members Present: Arnold, Lanspery, Liley, Lewis, Krempel, M. Smith, Lee, P.upel, Mabry, Deagla, Frazier, C. Smith, Dal low, Harmon, Krajicek, Case, Botteron, Kost and Caster. Agenda Review: City Manager City Hanager, John Arnold, called Council's attention to the Consent Calendar, on which four items are recommended for tabling. Two items have been requested to be pulled; item #22, Second Reading of Ordinance No. 44, 1979, Annexing the South College Properties, and item #23, Second Reading of Ordinance No. 119, 1979, Zoning Property Known as the South College Properties. City 'Manager, John Arnold, then stated he had one item of other business. 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 sepa- rately. (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; Items on the Consent Calendar are: 1) Ordinances on First Reading that are routine. 2) Ordinances on Second Reading that are routine. 3) Those of no controversy; 4) Routine administrative actions. - 230 - November 6, 1979 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. 4. Consider approval of the Minutes of the Regular Meeting of October 16, 1979. 5. Second Redding of Ordinance No. 141. 1979. Vacatina a Portion of a Utility 6. This Ordinance was adopted unanimously on October 16th and is a request to redescribe an easement located in Lot 1 of Scotch Pines, 7th filing. f Y rm. zinc the Citv to This Ordinance passed favorably on First Reading on October 16th and awarded a three-year contract to Clifton, Gunderson and Co. to conduct the City's annual audit. 7. Second Readinq of Ordinance No. 144. 1979. Relati This Ordinance was adopted unanimously on First Reading on October 16th and relates to the City's 1980 annual appropriation. 8. Second Reading of Ordinance No. 145, 1979, Relatinq to Parkland Fees and Increasing the Amount of Said Fees to $450.00. This Ordinance passed unanimously on First Reading on October 16th and would increase the Parkland Fee to $450.00. 9. Second Reading of Ordinance No. 146 an. inq 1980 Ci This Ordinance was favorably adopted on First Reading on October 16th and would adopt the 1980 City of Fort Collins Employee Pay Plan. 10. Second Reading of Construction of a 7 inq Res This Ordinance passed unanimously on First Reading on October 16th and would appropriate $97,500.00 from the Perpetual Care Fund for the construction of a cemetery maintenance facility. - 231 - I November 6, 1979 11. Second Reading of five Ordinances Establ i shi no Accounting Funds. a. Second Reading of Ordinance No. 148, 1979, establishing a Transfort Fund. b. Second Reading of Ordinance No. 149, 1979, establishing a . Cemetery Fund. c. Second Reading of Ordinance No. 150, 1979, establishing a Performing Art Fund. d. Second Reading of Ordinance No. 151, 1979, establishing a Lincoln Community Center Fund. e. Second Reading of Ordinance No. 152, 1979, establishing the Community Services.Fund. 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 Ordinance in accordance with City Charter. 12. Second Reading of Ordinance No. 153 1979 Providing for an Adjustment of the Water Utilities Plan* Inves ment Fees. This Ordinance was adopted unanimously on First Reading on October 16th and would increase the Water Plant Investment Fees by 10% in 1980. 13. Second Reading of Ordinance No. 154 1979, Providinq for the Billina of This Ordinance was adopted unanimously on First Reading on October 16th and would delete the provisions relating to tap charges from the City Code and would provide for a direct charge for the City Costs. 14. Second Reading of Ordinance No. 156 1979 Providing for the Collection of Storm Drainage Plant Investment Fee. Staff recommends this Ordinance be Tabled on Second Reading until November 20th. 15. Second Reading of Ordinance No. 157. 1979. ADorooriatina Funrk tram - This Ordinance passed favorably on First Reading on October 16th and would appropriate $100,000 from accumulated reserves to fund several studies related to Storm Drainage. - 232 - 16. Hearing and 17. November 6, 1979 of Ordinance No. 158, 1979, Vacating a Portion ree This is a request to vacate the west 5 feet of South Mack Street along Block 2 of the Washington Place Subdivision (between Mountain and Oak). Mack Street currently has an inappropriate right-of-way of 80 feet. Resolution Chanainq the Name of Pinewood Townhomes, First Filing to the r mes. Bankers National Mortgage Corporation has submitted a petition to change the name of Pinewood Townhomes subdivision to Arlington Townhomes. 18. Hearing and First Reading of Ordinance No. 159 1979 Changing the Criteria for Minor Amendments to Final P.U.D. Plans. This is a staff initiated proposal to revise the portion of the P.U.D. Ordinance which relates to amendments on final unit developments plans. 19. Hearing and First Reading of Ordinance No. 160, 1979 Resolving a Property This Ordinance would authorize the City Manager to enter into an agreement with the State Board of Agriculture to resolve a property line deviation with Colorado State University in accordance with a survey conducted by M & I Consulting Engineers. 29. Resolution Approving an Implementation Schedule for the Fort Collins Portion This Resolution would clarify the implementation schedule for the selected control measures with which to bring about compliance with national ambient air quality standards. 21, Hearing and First Reading of Ordinance No. 132, 1979, Authorizing the Ci to Enter into an Aareement with Elevator Properties for the Lease and OF Staff recommends that this item be tabled until November 20th. 22. Second Reading of Ordinance No. 44, 1979, Annexi Properties. Staff recommends tabling this Ordinance until December 4th. - 233 - November 6, 1979 23. Second Reading of Ordinance No 119 1979 Zoning Property Known as the Staff recommends tabling this Ordinance until December 4th. 24. Preliminary Plat of Greenwood Commons, P.U.D. This is a request for preliminary P.U.D. plat approval for 1.74 acres located on the northeast corner of the intersection of Shields Street and James Court (more commonly known as 1302 and 1304 S. Shields). 25. Amendment East Elizabeth Medical Center P.U.D. This is a preliminary and final proposal for an amendment to the approved East Elizabeth Medical P.U.D. zoned B-P, located on E. Elizabeth St., east of Lemay Avenue. 26. Routine Deeds and Easements. a. Power line easement from Evergreen Park II, located in the 1500 block of Blue Spruce Drive, for the purpose of providing electric service to the Evergreen Park Office Building I. Consideration: $1.00. . b. Easement Agreement with the 14 Investment GrouD for a 110 linear foot sewer line at 1400 Riverside. consideration: .00. c. Two easements from Mees II, Ltd. (Osprey Homes) for utilities, maintenance, and access in Stonehenge 4th Filing and Stonehenge 6th Filing. Consideration: $20.00. d. Agreement of Sale and Purchase with Howard Bender for Poudre Trails property, located between Shields Street and Martinez Park. Consideration: $7,200.00. e. Agreement of Sale and Purchase with the S & F Agency for 1.8407 acres to be esed for a part of the Poudre Trails System, located north and south of Highway 14. Consideration: $5,160.00 f. Bridge crossing agreement with Larimer County Canal No. 2 in Rolland Moore Park, for a portion of the Spring Creek Trails System. Consideration: $250.00. g. Bridge crossing agreement with Arthur Irrigation Company, located east of Sterling Sand and Gravel on Nor a oa or a part of the Poudre Trails System. Consideration: $250.00. h. Slope Easements and Temporary Construction Easements from the S & F Agency for the Lemay Avenue Extension. Consideration: $10.00. E N D C 0 N S E N T - 234 - November 6, 1979 The following items were removed from the Consent Calendar: Item #8: Second Reading of Ordinance No. 145, 1979, Relating to Parkland Fees and Increasing the Amount of Said Fees to 450.00. Item #22: Second Reading of Ordinance No. 44, 1979, Annexing the South College Properties. Item ,#23: Second Reading of Ordinance No. 119, 1979, Zoning Property known as the South College Properties. Ordinances on Second Reading were read by Title by City Clerk, Verna Lewis: 5. Second Reading of Ordinance No. 141, 1979, Vacating a Portion of a Utility Easement in Scotch Pines, 7th Filing. 6. Second Reading of Ordinance No. 142, 1979, ,Authorizing the City to enter into an Agreement with Independent Audit Firm. 7. Second Reading of Ordinance No. 144, 1979; Relating to the City's Annual Aooropriation for 1980 and making the Pill Levy. 8, Second Reading of Ordinance No. 145, 1979, Relating to Parkland Fees and ' Increasing the .Amount of said Fees to $450.00. 9. Second Reading of Ordinance No. 146, 1979, .Adopting 1980 City of Fort 10. Second Reading of Ordinance No. 147, 1979, Appropriating Reserves for 11. Second Readinq of Five Ordinances Establishinq Accounting Funds. a. Second Reading of Ordinance No. 148, 1979, establishing a Transfort Fund. b. Second Reading of Ordinance No. 149, 1979, establishing a Cemetery Fund. c. Second Reading of Ordinance No. 150, 1979; establishing a Performing Art Fund. d. Second Reading ,of Ordinance No. 151, 1979, establishing a Lincoln Community Center Fund. e. Second Reading of Ordinance No. 152, 1979, establishing the Community Services Fund. 235 - November 6, 1979 12. Second Reading of Ordinance No. 153, 1979, Providing for an adjustment of the plater Utilities Plant Investment Fees. 13. Second Reading of Ordinance No. 154, 1979, Providing of .dater and Sewer tap charges on the Basis of Actua 14. Second Reading of Ordinance No. 157. 1979. ADorooria Accumulated Reserves in the Sewer Utility Fund for Storm Drainage Purposes. Ordinances on First Reading were read by Title by City Clerk, Verna Lewis: 16. Hearing and First Reading of Ordinance No. 158, 1979, Vacating a Por- tion of South Mack Street 18. Hearing and First Reading of Ordinance No. 159, 1979, Changing the Criteria for Minor Amendments to Final P.U.D.. Plans. 19. Hearing and First Reading of Ordinance No. 160, 1979, Resolving a prop- erty Line Deviation with Colorado State University. Councilwoman Gray made a motion, seconded by Councilman St. Croix, to adopt ' and approve all items not removed from the Consent Calendar. YEAS: Councilmembers Bowling, Gray, Kross, St. Croix, Reeves, Wilkinson and Wilmarth. _ NAYS: None. THE MOTION CARRIED. Ordinance Tabled Annexing The South College Properties; and Ordinance Tabled Zoning Properties Known as South College Properties. Following is the City Manager's memorandum on this item. This Ordinance was presented on Second Reading on October 2nd and was tabled to this date to allow the applicant to refine the special im- provement district concept. To date, the applicant has not submitted their proposal for the special improvement district concept. - 236 - November 6, 1979 This item has been continued a number of times. Recently, Mr. Reid Rosenthal attempted to file an annexation petition covering a portion of the property included in the South College annexation. Staff has refused to accept this petition because of a state statute which pro- vides that only one annexation petition should be considered at a time. However, the City Attorney is concerned about the continued delay in view of the second petition and would urge that this matter be tabled no more than one more time. -- Attorney Arthur ;arch Jr., representing the petitioners, stated he felt; it was desirable to make a presentation at this meeting and then that the item be tabled as the staff recommends. He then presented a packet to the Council containing a questionnaire regarding the issues, a pro- posed method of assesment, and a tabulation of the ouestionnaire. City Manager, John Arnold, reminded Council that none of the background mentioned had been provided for Council's consideration on this item. Attorney i9arch requested Council's guidance on what other information Council desires to :Hake their decision. Councilman St. Croix made a motion, to table Second Reading of Ordinance ' No. 44, 1979, and Ordinance No. 119, 1979, on Second Reading, to Nover::ber 20, 1979. YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Kross, 'Ailkinson and Wilmarth. NAYS: None. THE :40TION CARRIED. Ordinance Adopted on Second 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. "This Ordinance passed unanimously on First Reading on October.l6th and would increase the Parkland Fee to $450.00." Councilman Wilkinson inquired into the financial report, which .indicated that fees are up. City flanager, John Arnold, responded that while the fees are up, there is need to acquire and develop park land. The Parks and Recreation Board had recommended the increase to $450.00. 1 - 237 - November 6, 1979 Councilwoman Gray made a motion, seconded by Councilman St_ Croix, to adopt Ordinance No. 145, 1979, on Second Reading. Councilman Wilkinson rnade a motion, to amend the Ordinance by deleting the figures $450.00 and substituting the figures $350.00. Mayor Bowling declared the motion dead, for lack of a second. The Mayor then out the original motion with the following vote. YEAS:. Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, !,iilmarth. NAYS: Councilman Wilkinson. THE MOTION CARRIED. Resolution Adopted Authorizing the Expenditure of $8,500 from Contingencies to Implement an Emergency Federal Energy Conservation Program. Following is the City Manager's memorandum on this item. "The Department of Energy has issued mandatory Emergency Building ' Temperature Restrictions Regulations effective July 16, 1979, placing restrictions on temperatures for heating, cooling and domestic hot water in commercial, industrial and government and other non-residential buildin�s. The regulations require that thermostats be set no loner than 78 F for cooling, no higher than 650 F for heating, and no higher than 1050 F for domestic hot water. The regulations also require room temperature set -backs during periods when the building is unoccupied. Owners and operators of buildings covered by the regulation are required to post a Certificate of Building Compliance as well as file documents with the Government. Civil penalties of up to $5,000 and criminal 'penalties of up to $10,000 are provided for violations of the regulations. The regulations will remain in effect until April 16, 1980, unless rescinded earlier by the President. The City of Fort Collins may be entitled to exemptions from the temper- ature restrictions under certain specified conditions. (1) General exemptions which relate to circumstances of a business activity. For example, an exemption for "special equipment" such as a computer facility, would be available only in those areas within the covered'building containing such specific equipment, and in no other area. An exa.1ple of (2) Specific Exemptions would be on solar heating in the New City Hall. - 233 - November 6, 1979 Recommended implementation guidelines: 1. Inform all Department Heads concerning the Federal Compliances and implementations. 2. Have the City Public Information Officer initiate an energy conservation/restrictions awareness program to inform all building users about the Federal.Compliances and Regulations. Insure that building users are aware of the severity of tampering with set controllers, and the jeopardy they are putting the City in, should a thermostat or controller be altered or changed. 3. Have Department Heads designate a Building Energy Coordinator for each facility. The cost to implement these regulations will be approximately $8,500. These costs will include professional engineer recommendations, contractual mechanical work, parts and components necessary to upgrade existing units. These Federal regulations were unanticipated and therefore, not budgeted." Councilwoman Gray made a motion, seconded by Councilman Kross, to adopt - the Resolution. YEAS: Councilmembers Gray, Kross, Reeves, St. Croix. BAYS: Councilmembers Bowling, Wilkinson and Wilmarth. THE MOTION CARRIED. Discussion with Representative of State Electrical Board Held, No Action Taken. Following is the City Manager's memorandum on this item. The State Electrical Board has requested an opportunity to meet with I Council concerning the,City's alleged violation of' state statute relating to electrical inspections. The State takes the position that these in- spections can be accomplished only by journeyman or master electricians. The City presently utilizes a "combination" inspector concept. Under this program one and two family dwelling units are inspected by "com- bination" inspectors qualified to inspect an entire structure. 1 1 1 - 239 - November 6, 1979 More complex structures are given seperate electrical inspections by either of the two certified electrical inspectors we have on staff. Attached please find a letter from the State Electrical Board and a response from the Building Inspection office. George Waterhouse, the Executive Director of the State Electrical Board, will be at the meeting to address the Council." Mr. George K. Waterhouse, Director of the Department of Regulatory Agencies, State Electrical Board, reported that the City of Fort Collins is not com- plying with the state statute requiring inspectors to be state -licensed electricians. Councilmembers inquired into the quality of the City's inspections, which they felt were "as good, or better" than that provided by the state. Attorney Somerville, of,the Attorney General's office, responded to Council inquiries regarding the application of the statute. At the conclusion of the hearing Council decided to take no action on this matter but to direct staff to actively oursue some system to getting a variance to a statute regarding licensed electricians. ' Citizen Participation a. Recognition of Gilbert Tellez for $50,000 accident -free miles. Police Chief, Ralph Smith, introduced Officer Gilbert Tellez and Lieutenant Brad Hurst and presented a plaque in recognition to Officer Tellez for 50,000 accident -free miles. b. Recognition of Bob Coonts for design of Lincoln Community Center logo. Ellen Thexton, Assistant to the City Manager for Cultural Resources, intro- duced Bob Coonts, and recited the history of the logo desined by him. Mayor Bowling presented a plaque of appreciation to Mr. Coonts. c. Proclamation naming November 12-16 as "Youth Appreciation Week". d. Proclamation naming November 11 as Veterans Day. Public Hearing on Obscenity Issue. At a recent work session, Council decided to hold a public hearing to receive public input on the pornography issue. I - 240 - November 6, 1979 Mayor Bowling, with the concurrence of the Council set a three minutes limitation for presentations. The following persons spoke at the public hearing. 1. Jane Tester 229 Walnut Street. 2. Ben W. Kimbell 3501 Lancaster 3. Terry Rains 3305 N. County Road, 23E. 4. Hollis Whitrock 1827 Remington 5. Jack Carter 3708 Soderburg Street. 6. Debby Bonner 1713 Fremont 7. Norman E. Wynn 1300 Green St. 8. Tyler A. Woolley 1813 Crestmore Place 9. Duane R. Hampton University Village E. Apt. 13K 10. Homer Bollinger 1920 Mohawk ' 11. Walter R. Jones, Jr. 2004 Valley Forge Avenue. 12. Joe Stern 1221 Laporte Avenue. 13. Maureen Mortensen 760 Orford Lane. 14. Sterling Mortensen 760 Oxford Lane. 15. Richard Lindeborg 1414 Laporte Avenue. 16. Jim Sabey 527 S. Shields 17. Hannah Martin 3325 N. Shields. 18. Robert W. Drake 3112 Azalea Drive. 19. David Benefiel 207 Whedbee 20. Sidney P. Goldstein 940 Pioneer Avenue. 21. Steven B. Hatch 419 Tedmon.Drive. 1 - 241 - 1 November 6, 1979 22. Kirk Beck 3425 Hampton 23. Jim Wilson 2506 Charolais 24. Jacqueline Reid 2428 Westview Road. 25. Lynn Porter 1320 Lory 26. Reverend Roy E. Knutson THE PEOPLES CHURCH. 27. Richard Hershcoff 1516 Elm Street. 28. Randy Crider 2313 W. Stuart 29. Peggy Becker 912 Gregory Road. 30. Cyndy Cadenhead 405 D. Loma Linda 31. Phil Johnson 1621 Lakeridoe Court. 32. John Gascoyne 519 North Grant. 33. James H. Joy 1711 Pennsylvania, Denver, Colorado 34. Bruce Taylor 440 Leader Building, Cleveland, Ohio. At the conclusion of the hearing Council'members decided to take no action to enact more restrictive ordinance than are already in effect. COG Fundinq and organization. Reviewed Councilwoman Reeves reported that at a recent COG meeting it had been announced that Weld County has determined to cut their funding by aboat 400'. The COG will meet again on November 14, 1979, to discuss the budget, and she requested Council guidance on how to pursue this matter. Councilmembers encourage the pursuit of full funding by all entities. No further action taken on this item. Resolution Adopted Authorizing the Acquisition By Eminent Domain of Certain Lands in the City. Withdrawn City Manager, John Arnold, stated this iter:; has been withdrawn by the applicants as they have resolved the problem. - 242 - November 6, 1979 Ordinance Tabled on First Reading, Zoning Property Known as the Werner Annexation. Following is the City Manager's memorandum on this item. This is a request to annex approximately 48 acres at the northwest corner of Horsetooth and Shields and request to zone the eastern 18.7 acres to RMP and the western 29 acres to RP. The subject parcel has a mixture of land uses. The eastern portion has several dwelling units and some vacant land. The western portion con- tains several horse stables, corrals, and a riding academy. The Cunningham Corners development has been approved for the northeast corner of Horsetooth Road and Shields, zoned HB (Conditional) and RP. Chism Homes mixed -use development has been approved for the southeast corner, zoned RLP. The area to the north is a part of Wagon Wheel development which is a standard subdivision. Trend Homes development is to the west. The area to the south is zoned FA-1 in tFie County. Major Issues (Annexation) 1. The Police, Fire and Public Works Department are all concerned about their ability to provide acceptable levels of service within the financial constraints of their operating budgets to newly annexed property. This concern is of a general nature related to all annex- ations, not just this one in particular. The significance of this concern increases every .year. 2. The horse -related land uses located in the western 1/4 of the proposal are a problem. The present owners are planning expansion of the stables. The present City Ordinances do not recognize horse stables, riding academies, or similar types of uses. Due to issue #2, the Planning and Zoning Board, on a 6 to 1 vote ;,recommended annexation of only those parcels whose property owners wish annexation. To date, two property owners have expressed a desire not to be annexed. Staff Recommendation Due to potential problems related to County islands in the City, the staff recommends that the entire parcel be annexed. However, Council should recognize the potential economic hardships associated with annexation and be ready to face requests for expansions of non -conforming uses and variances to mitigate these hardships. �J - 243 - 1 November 6, 1979 Major Issues (Zoning) 1. The request would yield the following: RP @ 12 DU/acre 354 RMP @ 20 DU/acre 374 728 Total 2. There is a need for variation of housing styles and types to break up the expanse of the single-family subdivisions to the north and west; however, it is felt that RMP is too dense for the area. Additional density may be aooropriate for this corner, but it can be acquired through density shifts from other portions. This approach would also require a united site plan. 3. The granting of RMP would set a precedent for the area for future requests. 4. There are more aooropriate areas for the high density zoning. The request does not conform to location criteria set forth in the Lard Use Policies Plan. The Planning and Zoning Board recommends denial as requested, but approval of RP for the entire site, based on the findings that RP zoning district is in general conformance with adopted goals and Policies and the requested RMP zoning district is not. Chief Planner, Curt Smith, identified the area in question, and reviewed the problems of the horse -related land uses; The Planning and Zoning Board's recommendation and the staff's recommendation. Mir. Les Kaplan, representing the petitioners, spoke to the request for excluding the entire site as one application. Councilwoman Gray inquired into what is being done regarding annexing areas with acreages. Chief Planner, Curt Sriith, reported that Council will receive this information in the Development Review Process which is approximately five months away. !.City Attorney, Lucia Liley, outlined a procedural problem with this item, the Ordinance as drafted is not in proper form and she recommended tabling for one meeting. Councilman Wilkinson made a motion, seconder by Councilwoman Reeves, to table the Annexation Ordinance No. 161 1.97q and the tahle zoning. Ordinance No. 162, 1979, to November 26, 1979. - 244 - November 6, 1979 YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Kross, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Financial Report for Period Ended September 30, 1979. Reviewed. Following is the City Manager's memorandum on this item. "Jim Harmon, controller, will present the Financial Report for the 9 months ended September 30, 1979. The Financial Report is being sent under separate cover. " This item was received and a work session on this item will be held on November 13, 1979. Decision of the Zoning Board of Appeals on a Parking Variance Request at 514 - 520 Howes Street, Overturned. Following is the City Manager's memorandum on this item. ' On September 13, 1979 Ed Stoner presented the Zoning Board of Appeals with a parking variance request (Appeal #1099) for a proposed office building to be located at 514-520 South Howes Street. The City's parking requirement, based on the total floor area of the proposed building, was 80 spaces. Mr. Stoner wished to provide 40 spaces. The Board denied the variance request by a vote of three to two. It was suggested to Mr. Stoner that he design a smaller building, so that the required parking could be provided and no variance would be necessary. On October`11, 1979 Mr. Stoner returned to the Zoning Board of Appeals with Appeal #1105, a slight modification of his original request. The proposed building had not been changed, so the parking requirement per City Code was again 80 spaces. The parking layout was the same as that presented for Appeal #1099, except that five new,spaces had been added, bringing the total proposed parking to 45. Room for these additional parking spaces had been provided through the newly,proposed removal of several large existing trees from the site. City staff recommended that the Zoning Board of Appeals deny Appeal #1105, since no hardship was involved other than the petitioner's contention that the City's parking requirements are too strict. It was also felt that a smaller building could be designed which would require less parking. - 245 - 1 November 6, 1979 The Zoning Board of Appeals, by a vote of four to one, denied the variance. Mr. Stoner is now appealing that decision. Since it 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. Petitioner Ed Stoner requested a granting of the variance, and he reiterated the statements of the Zoning Board of Appeals members. "sir. Les Kaplan, 528 S. Howes Street, spoke in support of the variance request. Councilman Wilmarth made a motion, seconded by Councilwoman Gray, to overrule the Zoning Board of Appeals and grant the variance. YEAS: Councilmembers Bowling, Gray, St. Croix, Wilkinson and Wilmarth. NAYS: Councilmembers Reeves and Kross. THE MOTION CARRIED. Decision of the.Zoning Board of Appeals, on a Variance Request at 400 Wood Street, Upheld. Following is the City Manager's memorandum on this item. At its regular meeting on October 11, 1979 the Zoning Board of Appeals unanimously denied a variance request (Appeal 11097) for the property at 400 Wood Street. Mr. Lawrence Jones, petitioner and owner of the property, is appealing this decision. Located in an R-M (medium density residential) zone, the property at 400 Wood Street consists of two adjoining lots, each measuring 35 feet in width and 140 feet in length. A one -family dwelling presently stands near the center of the property, straddling the two lots' common property line. Mr. Jones proposes the removal of the existing structure and its replacement with a multiple -family dwelling having eight dwelling units. - 246 - November 6, 1979 The Zoning Ordinance requires a minimum lot width of 75 feet for a multiple - family dwelling in the R-M zone. Apparently Mr. Jones believed that this was not a problem, feeling that his property qualified for the "automatic" lot width requirement reduction described in Section 118-82A(1) of the Zoning Ordinance. When told that his property could not be granted as an "automatic" reduction of the lot width requirement, since it consisted of two lots rather than "an individual lot" as specified by Section 118-82A(i), Mr. Jones elected to apply to the Zoning Board of Appeals for a variance. Staff recommended denial of the variance request, based on the lack of hard- ship and the fact that redevelopment of the property with a permitted use (a one -family dwelling or a two-family dwelling) could occur without the need of a variance. The Zoning Board of Appeals unanimously denied the variance request on the basis of overwhelming neighborhood opposition and the belief that granting the variance would result in substantial detriment to the public good and would substantially impair the quality of the surrounding neighborhood. Since it 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." r. Mr. Larry Jones owner of the property, requested Council pveride the decision of the Zoning Board of Appeals and grant the variance. Mr. Joe Cienfuegos, 330 Wood, spoke in opposition to the variance. Mr. Patrick NICNamara, 415 Wood, spoke in opposition to the variance. Councilwoman Gray made a motion, seconded by Councilman St. Croix, to uphold the decision of the Zoning Board of Appeals and deny the variance. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED.. •. - 247 - 1 I November 6, 1979 Resolution Adopted Making Appoint- ments to Parking Commission. Following is the City Manager's memorandum on this item. "Twenty-two individuals submitted applications for the 7-members parking Commission created by Resolution on September 18, 1979. These applications are being sent under separate cover .for your consideration." Following is the list of applicants: Miles R. Austin Gary Birdsell Deborah Bonner Donald E. Colcun Ray Dixon James A. Erwin, Jr. Gary Hewitt Gerald C. Horak Duane F. Hougham Robert H. Huber Michael J. Keleher Charles A. LaPresti Claire March Max D. McDowell Sherrie Lee Moore Charles 14. Peterson Peggy Ratliffe Joan P. Seegmiller Howard L. (Tom) Thomsen Karen Wagner Larry L. Wall Jim Woods The following persons were appointed : NAME- TERM Charles W. Peterson Jim Woods Deborah Bonner Ray Dixon Gary Birdsell Claire March Donald E. Colcun November 6, 1980 November 6, 1981 November 6, 1981 November 6, 1982 November 6, 1982 November 6, 1983 November 6, 1983 - 248 - November 6, 1979 Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, to adopt the Resolution. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Resolution Adopted, Adopting 1980 Lincoln Community Center Rates. Following is the City Manager's memorandum on this item. The 1980 Budget for the Lincoln Community Center calls for total operating expenditures of $243,212 with offsetting revenues of $48,775. The projections did not include any 1980 rate increases for the Center. We are recommending that the following changes be made to the 1980 rate program for the Lincoln Community Center: ' 1. A 15% increase be applied to all rates with a 20% increase on the Performance!Hall. This will generate $8,609 in additional revenue for the facility. It should be noted that these increases do not bring the rates up to the "true" rental costs for leasable areas in the center (see page five). In many cases increases to these levels would render portions of the facility non -leasable. 2. We would also like the Council to allow the facility to be rented to individual users. This could increase revenues by $11,476 assuming a 20% increase in the use of the facility. 3. Continue technical and set up charges as well as the 5% on gross ticket sales on commercial users in the Performance Hall. 4. Increase revenues from groups using the catering kitchen. This item will be more fully discussed at the'November 20th Council Meeting. The Cultural Resources, Board has reviewed the 1980 rate'structure and concurs with the recommended increases.,, 1 - 249 1 �II IL J November 6, 1979 City Manager, John Arnold and Arts Facility Manager, Dave Siever, spoke to the operation of the center, and the new uses proposed for the center. Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to adopt the Resolution. YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Kross, Wilkinson and Wilnarth. NAYS: none. THE MOTION CARRIED. Lemay Avenue Extension - change order with Centennial Enaineerina. Inc. and Schedule review. Received. Following is the City Manager's memorandum on this item. The Capital Project Management Control System requires that any change order in excess of $10,000 be reported to the Council. The system also provides for exception reports when a project is not on schedule or over budget. The attached report prepared by Project Engineer Mike Herzig addresses two issues on the Lemay project related to these areas: 1. A $20,000 change order has been approved for additional construction engineering and supervision work on the Lemay project. Funds were available for the change order, the need for the work was properly reviewed and its approval was within the authority of the City Manager. 2. The project completion schedule is of concern to us with regard to the railroad crossing and signal work. We have not received a schedule for this work from the railroads to date. Before Tuesday we will be meeting with railroad personnel to have more definitive information for Council on this schedule. City ilanager in addition to commenting on the change order, reported on recent :,eetings with the Union Pacific Railroad, anc the Colorado and Southern Railroad , regarding relocation for the rubberized crossing. He also advised Council that the City could move the opening date up by committing an additional $20,000, via the Fast Track System. Councilmembers spoke in support of the rubberized crossing, but did not feel the extra $18,000 to $20,000 was warranted._ - 250 - November 6, 1979 Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to receive the report. YEAS: Councilmembers Bowling, Gray, Kross, Peeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Ordinance Adopted on First Reading, Adopting 1980 Electric Service Rates. Following is the City Manager's memorandum on this item. "The salient points of the Ordinance are summarized in the attached transmittal letter. Information copies of the 1980 Rate Report will be available at the Council meeting and Staff will be prepared to answer questions. Council has received the 1980 Rate Report under separate cover. " Director of Utilities, Power Department would Stan Case, be bringing reported that in 1980 the Light and Plant Investment fees , a report on and bonding consideration. Councilman Wilkinson made a motion, seconded by Councilman Kross, to adoot Ordinance No. 163, 1979, on First Reading. YEAS: Councilmembers Bowling, Gray, Reeves, Kross, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Ordinance Adopted on First Reading, Establishing Sewer Use Charges for 1980 Following is the City Manager's memorandumon this item. " The attached memo from Roger Krempel�outlines the :need for an across the board sewer rate increase of 10% in customers' monthly sewer rates. As noted in Roger's memo, the 10% increase will permit the Utility to operate very close to the break even point for operating expenses." - 251 - November 6, 1979 Councilwoman Reeves made a motion, seconded by Councilman Kross, to adopt Ordinance No. 164, 1979, on First Reading. YEAS: Councilmembers Bowling, Gray, Kross, St. Croix, Wilkinson, Reeves, Wilmarth NAYS: None. THE MOTION CARRIED. Resolution Authorizing the Acceptance of the Grant Offer Relating to the Development of an Airport Master Plan City Manager, John Arnold, stated this relates to the Master Plan of the Fort Collins/Loveland Airport; all we are doing is accepting the grant offer. Councilwoman Reeves made a motion seconded by Councilman Wilkinson, to adopt the resolution. YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson, Kross and Wilmarth. NAYS: None. THE MOTION CARRIED. Adjournment The meeting was adjourned at 11:05 p.m.___ i, —Mao7- ST: /live -A. City Clerk - 252 -