Loading...
HomeMy WebLinkAboutMINUTES-12/04/1979-RegularDecember 4, 1979 t COUNCIL OF THE CITY OF FORT COLLINS, CLORADO 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, December 4, 1979, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll Call was answered by the following Council - members: Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Absent: [lone. Staff �"embers Present: Arnold, Liley, Lewis, Lanspery, Deagle, Ruggiero, O'Neill, Krempel, Bingman, Frazier, Mills, C. Smith, Lee, Wood, M. Smith and Thexton. City Manager, John Arnold, requested item #26, Resolution Approving the Execution of an Agreement between the City and Pleasant Valley and Lake Canal Company Relating to the Use of Water, on the Consent Calendar be pulled for discussion; item#29, Preservation of St. Joseph's Rectory, has been decided ' and, therefore, is withdrawn. The Manager stated he also had one item of other business. Mayor Bowling advised Council that they would be considering two Consent Calendars. Consent Calendars: 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 the Calendars be "pulled" off the Consent Calendars and considered separately. (The purpose of these calendars is to allow Council to spend its time and energy on more important items). The Consent Calendars presented were 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. 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 I of the Consent Calendar. - 254 - 1 December 4, 1979 4. Consider approval of the Minutes of the Regular Fleeting of November 6, 1979. 5. 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 to December 18th. 6. Second Reading of Ordinance No. 158, 1979, Vacating, a Portion of South Mack Street. This Ordinance was adopted unanimously on First Reading on the Consent Agenda on the November 6th meeting and vacates the west 5' of South Mack Street between Mountain and Oak. 7. Second Readinq of Ordinance No. 159, 1979, Changinq the Criteria for Minor This Ordinance was adopted unanimously on First Reading November 6th and would revise the portion of the P.U.D. Ordinance relating to amendments on final unit development plans. 8. Second Reading of Ordinance No. 160, Deviation with Colorado State Univers i ine This Ordinance was adopted unanimously on First Reading on November 6th and would resolve a property line deviation with Colorado State University near Water Treatment Plant #2. `QJ ^ Second Reading of Ordinance No. 163, 1979, Adopting 1980 Electric Service This Ordinance was adopted unanimously on First Reading on November 6th, and would adopt the 1980 Electric Service Rates. 1O. Second Readi of Ordinance No. 161 1979, Establishing Sewer Use Charges This Ordinance was adopted unanimously on First Reading on November 6th and provides for an across the board sewer rate increase of 10% in customer's monthly sewer rates. ,- Emergency Purchase - Mechanical Joint Tees for Andersonville-Alta Vista Waterline. The Code provides that all emergency purchases shall be reported to Council in an open meeting. Sole Source Purchase - Fiberglass Vaults & Accessories. Staff recommends renewal of sole source purchase of fiberglass vaults and accessories from Mesa Fiberglass. - 255 - December 4, 1979 13. Sole Source - Purchase - Vydec Word Processing Equipment. The City has been developing a centralized word processing operation. Currently there is one Vydec word processor owned by the City. The additional purchase is necessary to meet the increased demand for this type of equipment. 14. Resolution Approving a Change in the By -Laws of the Zoning Board of Aopeals Providina for a new meetin4 time. At their November 8th meeting the Zoning Board of Appeals voted to amend its by-laws to provide for meetings to be conducted on the Second Thursday of each month at a variable time. Council must approve the action of the Zoning Board of Appeals in compliance with section 113-20 of the Code of the City of Fort Collins. 15. Hearing and First Reading of Ordinance No. 165, 1979, Relating to Firemen's and Policemen's Pension Funds. This Ordinance sets the employers contribution rates for the Police and Fire Pension Funds at 17.15% and 19.11% respectively. 16. Authorization to enter into a The fiscal impact study selection committee has reviewed the qualifications of those firms that expressed an interest in the study. Their unanimous decision was to hire Towne Research of Evergreen, Colorado. 17. Albertson's P.U.D.. Final. This is a final proposal for a 9.13 acre commercial P.U.D., zoned H-B, located at Horsetooth Rd. and S. College Avenue, in the Creger Plaza Subdivision. 18. Request for approval of Contract between the State Department of Hi the City regarding the maintenance of traffic signals and signs on Routes within the City Limits. Staff recommends Council authorize the contract be executed. 19. Report on Bid Opening for Computerized Traffic Control System. Staff recommends Council accept the report. 20. This item has been removed from the Consent Agenda. Please refer to Agenda Item 60 for additional information. 21 Staff recommends that this item be referred to the Parking Commission for a recommendation to the Council no later than January 8, 1980. 1 1 - 256 - I 22. Hearing and First Easement and a llt December 4, 1979 Ordinance No. 167. 1979. Vacating an Access This is a proposal to vacate portion (s) of a public utility easement between lots 3-4-5 of Wagner Fraternity Park Subdivision. 23. ITEM DELETED. 24. Resolution Providing for the addition of two members to the Parking Commission. This Resolution would increase membership on the Parking Commission from seven to nine members. The two additional members would be recommended for appointinent to the Commission by the County Commissioners. 25. ITEM DELETED. 26. Resolution Approvind the Execution of an Agreement between the Citv and This Resolution would approve an agreement covering the City's utilization of shares of water it owns in Pleasant Valley and Lake Canal Company. CONSENT CALENDAR, 42. Routine Easements a. Power line easement from Larimer County, located at 525 West Oak St. ,'for the purpose of providing electric service to the Larimer County Mental Health Facility. Consideration: $1.00. b. Power line easements as listed below for construction of a duct bank along the west side of Overland Trail, to serve as a tie circuit between Substations 200 and 400, with construction scheduled for December: 1. Easement from Elizabeth and Cameron Herrin located north of Drake Road. Consideration: 1,638.00 7t per square foot). 2. Easement from Evelyn Minatta located South of Elizabeth Street. Consideration: 611.63 7d per square foot). 3. Easement from Venture Develo ment, Inc., located north of Prospect. Consideration: 1.00. 4. Easement from Fort Collins -Loveland -Water District located between the Minatta and Venture properties. Consideration: $1.00. c. Power line easement from Harold R. Webster, located on the north side of East Horsetooth Road east of Timberline Road, to provide electric service.to Fox Meadows Subdivision and future developments in this area. Consideration: $1.00. - 257 - December 4, 1979 d. Right of way agreement with Harold R. Webster (Trustee) for sanitary sewer and storm drainage facilities located east of Timberline Road and north of Horsetooth Road, correcting a legal description for a 1971 sewer line easement from Webster and including a provision to allow for storm drainage purposes. Consideration: None. e. Utility easement from Carpaty Investments to replace easements in Wagner Fraternity Park vacated by Ordinance No. 167, 1979. Consideration: None. 43. Out of City Sewer Request - Coffee Park Subdivision. This is a request for out -of -City sewer service in the Coffee Park subdivision. 44. Out of City Water & Sewer Request - Morgan's Ridge Subdivision. This is a request for out -of -City water & sewer service in the Morgan's Ridge Subdivision. 45. Amendment to Foothills Parkway P.U.D. This is a request for an 11,400 sq. ft. addition to the Foothills Parkway P.U.D. located on the northwest corner of the intersection of Stanford Dr. and Foothills Parkway. 46. Bridge's P.U.D., Preliminary This is a request for preliminary approval of 96 multiple family units located south of Prospect and approximately i mile west of Shields St. 47. Villa P.U.D., Preliminary This is a request for preliminary approval for a 54,000 sq. ft. shopping center located south of Foothills Parkway, east of McCl.elland Dr. and west of College Avenue. 48. Greenfield Village P.U.D., Phase I This is a residential and commercial development located in southeast Fort Collins near the intersection of Horsetooth and Timberline Roads. 49. Cedar Village Subdivision, 6th Filing, Preliminary This is a preliminary request for a 62 lot single-family subdivision. 50. Wagon Wheel, 2nd Filing, Final This is a final proposal for a 281 unit single-family subdivision located on the southwest corner of Swallow Road and Shields Street. 1 - 253 - December 4, 1979 ' 51. Hearing and First Reading of Ordinance No. 171 1979 Relating to Firemen's and Policemen's Pension Funds and Increasing Employees Contributi This Ordinance would increase the Pension Fund contribution rate of Fire and Police Department members to 7.5% and would become effective on January 7, 1980. 52. Hearing..and First Reading of Ordinance No. 173 1979, Vacating a Portion of an Allev in Block 112, of the Citv of Fort Collins. A small portion of the building housing Pitzelle's Restaurant was built over a public alley located between the restaurant and The Old Post Office. the owner can not sell the building until this error is corrected. 53. Sole Source Purchase of UNIMOG Tractor. This authorization would provide for the purchase of a special rubber tired four-wheel drive tractor for Michigan Ditch reconstruction and Maintenance. E N D C 0 N S E N T The following items were withdrawn from the Consent Calendar: Item #26: Resolution ADDrovina the Execution of an Aareement between the City and Pleasant Valley and Lake Canal Company Relating to the Use of Water. ' Item #43: Out of City Sewer Request - Coffee Park Subdivision Ltem #44: Out of City 'Water & Sewer Request - Morgan's Ridge Subdivision. Item #51: Hearing and First Reading of Ordinance No. 171, 1979, Relating to Firemen's and Policemen's Pension Funds and Increasina Enolovees Item #53:— Sole Source Purchase of UNIMOG Tractor. Ordinances on Second Reading were read by Title by City Clerk, Verna Lewis. 6. Second Reading of Ordinance No. 158, 1979, Vacating a Portion of South 7. Second Reading of Ordinance No. 159, 1979, Changing the Criteria for Minor Amendments to Final P.U.D. Plans. 3. Second Reading of Ordinance No. 160, 1979, Resolving a Property Line Deviation with Colorado State University. 9. Second Reading of Ordinance No. 163, 1979, Adopting 1.9_8.0_Electric Service Rates. I 10. Second Reading of Ordinance No. 164, 1979, Establishing Sewer Use Charges for 1980. - 259 - December 4, 1979 Ordinances on First Reading were read by Title, by City Clerk, Verna Lewi.s. ' 15. Hearing.and First Reading of Ordinance ido. 165, 1979, Relating to 22. Hearing and First Reading of Ordinance No. 167, 19791 Vacatin^ an Access Easement and a Utility Easement in the !,Jangner Fraternity "ark Subdivision. 52. Hearing and First Reading of Ordinance No. 173, 1979, Vacating a Po of an Alley in 61ock 112 of the City of Fort Collins. Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to adopt and approve all items not removed from the Consent Calendar. YEAS: Councilmembers Bowling, Gray, Kross, St. Croix, Wilkinson, 'Wilmarth and Reeves. NAYS: None. THE POTION CARRIED. Resolution Adopted, Approving an Agreement between the City and Pleasant Valley and Lake Canal Company Relating to use of Water ' Following is the City Mianager's memorandum on this item. "This agreement was reviewed during the November 13th work session and is a proposed agreement covering the City's utilization of shares of water it owns in Pleasant Valley and Lake Canal Company. We request approval of the agreement and direction to sign the document." City Manager, John Arnold, called Council's attention to the revised agreement before the Council and called upon Public !-Jorks Director, Roger Krempel, to review the minor word changes. Mr. Krempel also.responded to Council inquiries regarding the costs of the City, and Platte River's water needs. Councilman Wilkinson :Wade a motion, seconded by Councilwoman Gray, to adopt the Resolution. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. ' - 260 - 0 December 4, 1979 I Out of City Sewer Request - Coffee Park Subdivision Approved This is a request for out -of -City sewer service that has been approved by the Water Board and the Planning and Zoning Board. Councilman Wilmarth inquired how these requests. (this item and the next) related to the merger of the City Water Utilities and Fort Collins/Loveland Water District, and who pays for buying the lines to the properties.. Public Works Director, Roger Krempel, responded that the merger, if it were accomplished would make it all city. In this case the developer is paying all the costs. Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to approve the out -of -City Sewer Request for.the Coffee Park Subdivision. YEAS: Councilnembers Bowling, Gray, Reeves, St. Croix, Wilmarth and Wilkinson. NAYS: None. THE MOTION CARRIED Out of City Water & Sewer Request Morgan's Ridge Subdivision .Approved. This request was approved by the 'slater Board and the Planning and Zoning Board. Councilman Kross made a motion, seconded by Councilman Wilkinson, to !approve the out -of -City Water & Sevier Request for Morgan's Ridge Subdivision. YEAS: Councilmembers Bowling, Gray, Kross, St. Croix, Reeves, Wilmarth and Wilkinson. NAYS: None. THE MOTION CARRIED. Ordinance Adopted, Relating -o Firemen's and Policemen's Pension Funds and Increasing Employees"' Contribution Following is the City Manager's memorandum on this item. On January 2, 1979, the City Council approved Ordinances 120 and 121 increasing the employees contribution to the Fire and Police Pension ' Funds to 7% of total monthly salaries. This action was taken in response to Senate Bill 46 which provides the following schedule of minimum employee contributions: - 261 - December 4, 1979 1 CALENDAR YEAR CONTRIBUTION PERCENTAGE 1979 5.0 1980 5.5 1981 6.0 1982 6.5 1983 7.0 1984 7.5 1985 8.0 The maximum rate of employee contribution has been set at 10% by Senate Bill 46. In January 1979, the City Council informally approved the concept of increasing the employees contributions by ,% per year until ` the maximum contribution rate of 10% is reached. The attached Ordinance implements the 1980 employee contribution rate of 7.5% effective January 7, 1980." Councilman Kross inquired into the contribution percentage. Assistant City Manager, Paul Lanspery, responded that according to S.B. 46, the City is allowed to go up to 10 percent; the Council policy has been to go up ? percent each year to the maximum figure. I Councilman Wilkinson made a motion, to adopt Ordinance No. 171, 1979, on First Reading. YEAS: Councilmembers Bowling, Kross, Wilkinson, Reeves, St. Croix, Gray, Wilmarth. NAYS: None. THE MOTION CARRIED. Sole Source Purchase of�UNIMOG Tractor, Approved. Following is the City Manager's memorandum on this item. "This sole source authorization would provide for the purchase of a special rubber tired four-wheel drive tractor for Michigan Ditch reconstruction and maintenance as detailed in the attached memorandum from Ben Alexander. Additionally, this piece of ea'uipment would be a great help to the City in City-wide snow removal efforts." Councilman Wilmarth inquired into the locality of the"vendors and where � this money is budgeted. ' - 262 - December 4, 1979 Public 'Works Director, Roger KrempeI, stated Case, out of Denver, is the only local distributor. Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to approve the Sole Source Purchase. YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: Councilman Kross. THE MOTION CARRIED. Emergency Purchase - Fuel Storage Tanks Report Reviewed Following is the City Manager's memorandum on this item. The equipment building was begun before our new Project Management and Control System was developed. Consequently we began the project with inadequate planning and have been scrambling to fill blanks all along. While we have agreed not to do things that way any more, we are trying to complete the facility as cheaply as possible and as.soon as possible. Fuel storage is a problem because of possible shortages. A fuel depot is essential. Our original plan was to have an underground fuel depot. Tanks were bid, ordered; and delivered. But our earlier lack of planning caused installation delays. Those delays caused an oxidation on these tanks. That oxidation necessitated either a sandblasting/repaint kind of a treatment or the purchase of new tanks. In the meantime we completed our site plan and changed to an above -ground fuel depot. We also needed the fuel depot completed at the soonest possible time. In looking at all choices that were available, we concluded that the most economical, fastest, and therefore more useful choice was to trade-in our 9 metal (12,000 gallons) tanks for 3 fiberglass (30,000 gallon) tanks at an additional cost of $19,023.07. We made that purchase in October, so delivery could occur the first week in December. The purchase was from J-8 Equipment Company. The cost recapitulation is: new purchase trade in Net Purchase Cost $57,579.83 $38,556.76 $19,023.07 December 4, 1979 This purchase also involves all necessary equipment for installation, ' valves, and delivery charges. We received full trade-in on the original tanks. Council needs to accept the report." City Manager, John Arnold, stated he wanted to correct the,nemorandum, in that these are not fiberglass as indicated, they are metal. Councilwoman Gray made a motion, seconded by Councilman Wilkinson, to accept the report. YEAS: Counc-ilmenbers Bowling, Gray, Kross, Reeves, St. Croix, !,!ilkinson. NAYS: Councilman Wilmarth. THE MOTION CARRIED• Ordinance Adopted on First Reading, Appropriating Funds for Expenditure During 1979. Following is the City Manager's memorandum on this item. 1. This Ordinance will appropriate $18,400 to the Lincoln Community Center and $11,500 to the Transfort Seven -Year Capital Project Accounts. We previously have identified a $58,782 unappropriated reserve in the I Seven -Year Capital Program (1980 submitted budget p. F-17). These transfers will be used for the following purposes: Lincoln Community Center - the total Council approved project budget for the Lincoln Community Center is $3,031,708. All of these funds will be used to close out the project based upon previous Council authorizations. We are recommending that an additional $18,400 be made available to: Bring the catering kitchen up to County Health Department code and purchase necessary equipment to enable the City to increase catering revenues. Cost $8,000. 2. Purchase scaffolding to replace Lincoln Community Center lighting fixtures and perform security inspections on performance hall rigging. Cost $4,700. 3. Install a security alarm system as recommended by the City's Crime Prevention Officers. Cost $2,500. 4. Close out our contract and complete Payments with Stearns - Roger Architect. Cost $3,200. -_264 - 1 December 4, 1979 Transfort Operation - the total Droject budget,for the Transfort operation through !March 31, 1980, is $796,784. We are requesting an increase in this project account of $11,500. This additional appropri- ation will be used along with $10,000 previously budgeted in the l Transfort Account (Total S21,500) to acquire a used 35 passenger bus. This larger bus would be used on already existing Transfort Routes to accommodate present overcrowding. We could expect the larger bus to generate additional revenue in two ways: allow more paying pas"sengers to be accommodated on routes and Provide a system improvement for support to Colorado State University for a semester pass increase from $1.00 to $2.00 for each student ($17,000). 2. $993,670 to the Equipment Fund. The equipment fund additional. appropriation is needed to comply with our new 'procedures; in 1978 we appropriated money for the building and didn't carry it forward or rebudget the amount in 1979. Our new procedures require appropriation of $752,806. Some other charges in the fund necessitating these appropriations are: -Principal and interest charges on the lease -purchase financing, not anticipated in the original 1979 budget -Purchase of the fire truck is an accounting transfer from general fund into equipment fund and is a 1978 appropriation that needs re -appropriation. -Increased costs of insurance and outside vehicle repair of $24,275 -Increased costs of fuel and parts totaling $56,500. Equipment for the facility will cost $161,873 and is a transfer from Revenue Sharing as was originally planned. 3. $161,873 will be transferred from the Revenue Sharing Fund to the E uipment Fund for the purchase of e uipment at the garage facili See attached Equipment Fund detail sheets. (Money for equipment at the garage facility was not required in 1978.) The additional appropriation will be covered by these prior year reserves. ,=_ 2.6 December 4, 1979 ' 4. S1,338,926 to the Light and Power rand from prior yearreserves. The increased power costs are due to. -a Yampa plant' -surcharge of $744,993 caused by delays -an increased power charge of $532,724 due to a 13.5% accelerated usage -$120,000 of contingency for unusual situations like storm damage. This will come from prior year's reserves. 5. $125,000 to the Telephone Fund. No appropriation was made in fund budget. The $125,000 November of 197II for the 1979 telephone . sets up the fund appropriation is an accounting process which is funded by transfers from other funds. The appropriation orovides and for operation, maintenance, and a sinking fund to replace the system in ten years, if replacement is needed. 6. $95,270 to the Performing Arts Fund. This fund was created during 1979 to separate the costs associated with performing arts program- ming from the Lincoln Community Center facility. The budget for the Performing Arts Fund was originally budgeted under the Lincoln I Community Center. Projected revenues for the Performing Arts Fund in 1979 are $75,930. $19,340 is available in the Seven -Year Capital Fund for transfer as a subsidy to the Performing Arts Fund. This subsidy is required because the Performing Arts Fund was established during an operating year and projected revenues will not equal expenditures in 1979. " City Manager, John Arnold, called Council's attention to a memorandum - which outlines the University students vote to increase the students fees fro,:1 y1.00 to $2.00 for Transfort. He suggested that Council consider purchasing two buses for Tran'sfort. Councilmembers inquired into delivery date for a new bus, security systers, what the additional operation and maintenance will be for Transfort, and the need for expanding the use of the catering kitchen. City Attorney, Lucia Liley, addressed] the close out payment to Stearns Roger, Architect, and Facilities Manager, Tom Frazier, addressed the additional requirements for a catering kitchen. Councilwoman Gray made a notion, seconded by Councilman Kross, to adopt Ordinance No. 169, 1979. YEAS: Councilmembers Bowling, Gray, Kross and Reeves. ' NAYS: Councilmembers St. Croix„ Wilkinson and Wilmarth. THE MOTION CARRIED. 266 - December 4, 1979 ' Storm Drainage Policy along Spring Creek, Approved Following is the City Manager's memorandum on this item. The Storm Drainage Board recommends the following policy to the City Council with respect to development along. Spring Creek: - that the present Interim Spring Creek Plan be revised to reflect recently completed hydrology, which reduces the expected peak runoff. - that the Interim Plan continue as the standard for drainage design along Spring Creek. - that new developments construct channel improvements in accordance with the requirements of the Interim Plan. - that the City participate in the cost of construction of channel improvements to the extent that they are oversized to accommodate canal importation. The Board also attached conditions to the use of the revised interim r plan that (1) no harm be attached to upstream or dow-s tream properties ; and (2) the Federal Insurance Administration flood insurance ' regulations be complied with. Staff recommends adoption of the revised Interim Plan." Mr. David I.I. Frick, of Resource Consultants, Inc., responaed to Council inquiries regarding the hydrology studies, water routing, and peak flows. Director of Engineering, Roy Bing:nan, responded to Council inquiries regarding the City's participation and where the :conies are co.iing from and whether it had been budgeted as an expense. City Attorney, Lucia Liley, stated the staff would have a report to the Storm Drainage Board in December, regarding the costs to develop for canal importation. Councilman Kross made a motion, seconded by Councilman Wilkinson, to approve the revised interim plan. YEAS: Councilmembers Bowline, Gray, Kross, Reeves, St. Croix, Wilkinson. PLAYS: Councilman Wilmarth. THE MOTION CARRIED. - 267 - i December 4, 1979 Preservation of Saint Joseph's Rectory This item was withdrawn from the agenda; however, Councilman 'lilkinson requested that this be set aside at a future work session, regarding the City's role in the restoration process. Ordinance Adopted on First Reading, Designating Old Town Fort Collins as an Historic District. Following is the Citv Manager's memorandum on this item. "Attached is the proposed Ordinance and background information relating to the designation of the Old Town Fort Collins.Historic District,. consisting of part of the "Triangle" area of the Old Town section of Fort Collins." Councilman St. Croix suggested the Council proceed cautiously in Historic designations. Councilwoman Gray made a motion, seconded by Councilman Kross, to adopt the Ordinance. YEAS: Councilmembers Bowling, Gray, Wilkinson, Wilmarth, Reeves, St. Croix, and Kross. NAYS: Hone. THE iMOTION CARRIED. Citizen Participation. a. Recognition of participants in.�Career Fair, Mr. John Girolmo, repre- senting the Business Education Comaittee of the Fort Collins Chamber of Commerce, reported on the accomplishments of the Career Fair, used to prepare high school students for "The World of 'Work." "Mayor Boiling presented Plaques to the following persons in attendance: 1. John Girolmo 2. John Power The remainder of the participants not in,attendance who will receive plaques are as follows: 1. Russ Dierterle 2. Roger Killion 3. Brad Sullivan 4. Alyce Nierman - 268 - December 4, 1979 ' b. 'ir. John Powers, President of the Poudre Landmarks Foundation, introduced the directors of the foundationpresent, and reported that the foundation has raised enough money to pay the debt acquired in the restoration, and that the Avery House will be completely free of debt and self-supporting. .Slides of the restoration were shown. Council expressed its appreciation for the Foundation's efforts. C. City Clerk, Verna Lewis, reported on a Community Calendar made possible through the efforts of the City, Poudre RI, Poudre Vallay Memorial Hospital, Larimer County, Colorado State University, and the Chamber of Commerce. The Calendar lists upcoming community events and is included in the Coloradoan's 1930 Calendar. Susy Bottoms, Coloradoan Marketing and Promotions Director, and Bob Lee, presented the calendars to Council. d. IIr. Gerald Horak, 1548 Orchard Place, requested Council publicize the requirements regarding snow removal from sidewalks. Citv Manaaer's Report a a. City Manager, John Arnold, called Council's attention to a memorandum from the Parks and Recreation Board making a recommendation on the Pool & Ice Rink. ' b. The City Manager then circulated a copy of the Department of Energy brochure discribing the electrical vehicle program that Fort Collins is a part of. c. City Manager, John Arnold, then called Council's attention to a letter from Eric Dahlgren, indicating that the Employees Association has been disbanded and the proceeds donated to the Fort Collins Public Library. d. City Manager, John Arnold, then read the following letter into the record: City of Fort Collins Mayor Charles Bowling and City Council Members Dear Mayor Bowling and Members of the City Council: The Fort Collins Human Relations Commission members have had several opportunities to work with and observe the Fort Collins Police Department. It seems often the case in today's society that much attention is devoted to criticizing public agencies such as the Police Department. we have periodically reviewed the Police Department and its relations with the citizens of our community. - - 269 - December 4, 1979 1 In our opinion, the Police Department is doing a commendable job, given its resources, in exercising human relations within the city. In particular, the police are actively encouraging affirmative action employment. Chief Smith, and his staff, have always been most receptive in meeting with the various members of our Board and have taken the time necessary to advise us of their programs. We, as the Human Relations Commission, wish to take this opportunity to publicly commend the department for its work in the human relations area and would ask that this letter be read at your next meeting to let the Fort Collins community know that the Police Department's actions in this area are appreciated. Sincerely, r; R. L. Zimdahl Chairman � the Commission e. City Manager, John Arnold, then called Council's attention to a memo responding to a letter from Care -A -Van, of October 9, 1979. ' f. The Manager then read the following memorandum into the record. TO: The Honorable Mayor and City Council FM: John E. Arnold, City Manager DT: December 4, 1979 SJ: Capital Project Exception Reports As a result of the recent snow a number of our projects require schedule changes. Our project managers will give Council a complete update on the status of all our capital projects at the January 15th work session. I thought you would be interested to know that the sod at City Hall will now be installed in early spring. Also, the paving work on the trail system has been suspended until spring. Work will continue on site work, concrete work (weather permitting) and fencing. We intend to bid addition- al sections of the trail priorities in March which we wiT1 also review with you at the 15th work session. Both projects are within their budget allocations. ' - 270 - Dece-ter 4, 1979 g. City Manager, John Arnold, then called on City Clerk, Verna Lewis, to make a report on the petitions regarding the Pool & Ice Rink. City Clerk, Verna Lewis, read the following certification into.the record: STATE OF COLORADO ) COUNTY OF LARIMER ) ss. CITY OF FORT COLLINS ) I, Verna Lewis, City Clerk of the City of Fort Collins, Colorado, do hereby certify that I have canvassed the petition for an initiated ordinance to extend temporarily the current sales tax for the purpose of completing an indoor pool and ice rink complex, and find the following results: I Number of Signatures Required : 2,160 Number of Signatures Verified : 2,229 This petition, is therefore sufficient for an initiative I o be placed on the ballot at a Special Election. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Fort Collins, Colorado, this 30th day of November, A. D. 1979. h. City Manager, John Arnold, then called on City Attorney Liley to speak regarding procedures. City Attorney, Lucia Liley, stated since the petition has been certified, she recommended the following schedule. - 271 - December 4, 1979 I. Public Hearing on the Proposal December 11, 1979. ' 2. Work Session, December 18, 1979, to discuss potential Charter Amendments. 3. Hearing and First Reading of the Ordinance, calling the Special Election on January 8, 1980. 4. Second Reading on January 16, 1980, 5:30 p.m. 5. Final date to receive items from public or Council, December 11, 1979. 6. Election Day, February 26, 1930. Council members approved the proposed schedule. Councilmembers' Reports a. Councilwoman Gray reported on the Colorado Municipal League Policy Committee meeting, at which it has been decided that the committee would minimize any pressure to put anything on the Governor's Call which would affect cities. She then reported on the proposed Poundstone Amendment. b. Councilwoman Gray then reported that Mayor Bowling has been appointed to the Steering Committee of P.T.I., (Public Technology Inc.). c. Councilwoman Gray then reported on the Priorities Committee report which was adopted at the National League of Cities Meeting in Las Vegas. d. Councilwoman Reeves reported that the Cities would be meeting on December 5, 1979, to review the proposed budget for the Larimer/Weld C.O.G. Special Improvement District Concept For the South College Properties Approved. Following is the City Manager's memorandum on this item. " This is not the formal hearing required for the establishment of a special improvement district. Rather, Council indicated a desire to hold a public hearing for the purpose of soliciting comments on the S.I.D. and deciding whether to Proceed with the legal steps for creation of such a district. If Council decides to proceed, the staff will then bring back to Council the initial Resolution beginning the S.I.D. process. Following are some meaterials which you have previously received and are included as summaries of�the numerous discussions you'have had on this matter. The staff recommendation to annex this property continues to be positive and , is further enhanced by Council's recent work session discussion to actively - 272 - December 4, 1979 ' annex property that is eligible and ready for development. If Ordinance No. 119,.1979, is finally passed by Council, the following conditions shall be permanently placed on the use of the property: 1. Any use.in the H-B and B-P zones must be part of. a P.U.D.; 2. Only residential uses allowed in the R-P and.R-M-P zones; 3. Certain specified uses will not be allowed in the South- east portion of the.B-P zone; and 4. A master plan is required for each "super block"." . The following..persons spoke in support of the concept: 1. Attorney Arthur March, Jr., representing the petitioners. 2. !Marc Middel, representing Fort Collins Assemblage Limited. 3. Chuck Warren, representing Warren Perry. 4. Willard Anderson. Those speaking in opposition were as follows: 1. Frank Standring, Owner of Rocky Mountain Armory. 2. Martin West, Property Owner. 3. Attorney John Walker, representing Pease Home Improvements. 4. Attorney Duane Woodward, representing Mr. Fred Bachman and Mr. John Rich. 5. Mr. Lyle Bowers. 6. Mr. Joe Pease. City Attorney.Liley reviewed .some of the concerns expressed by those in opposition regarding the various improvement district mechanisms, i.e., Metropolitan Improvement.District and General Improvement District versus the Special Improvement District Concept. (Secretary's Note: Councilman Wilkinson was excused from the meeting, prior to vote on this item.) Councilman Kross made a motion, seconded by Councilwoman Gray, to approve a concept of providing a public vehicle for financing the improvements that are required for this, and that we explore the various alternatives that are available to us to accomplish that financing., YEAS: Councilmembers Bowling, Gray, Kross, Wilmarth. NAYS: Councilmembers Reeves and St. Croix. THE MOTION CARRIED. Ordinance Adopted on Second Reading, ' Annexing the South College Properties. Following is the City Manager's memorandum on this item. - 273 - December 4, 1979 "This Ordinance was tabled on Second Reading to this date. ' Please refer to the previous agenda item for background information." Councilwoman Reeves made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 44, 1979, on Second Reading. YEAS: Councilmembers Bowling, Gray, Wilmarth, Reeves, St.Croix, Kross. NAYS: None. THE MOTION CARRIED. Ordinance Adopted on Second Reading, Zoning the South College Properties. Following is the City Manager's memorandum on this item. "This Ordinance was tabled on Second Reading to this date. Please refer to the agenda memo for the special improvement district concept for background information." Councilwoman Reeves spoke in opposition to the zoning proposed. Councilman St. Croix made a motion, seconded by Councilman Kross, to I adopt Ordinance No. 119, 1979, on Second Reading. YEAS: Councilmembers Bowling, Kross, St. Croix, Wilmarth. NAYS: Councilmembers Gray, Reeves. THE MOTION CARRIED. Resolution Adopted, Setting Forth The Intent of the City Council to Annex Property Known as the Werner Annexation Following is the City Manager's memorandum on this item. "The attached Resolution sets forth the intent of the City to annex property known as the Werner annexation and sets January 8 as the date when Council will hold a hearing to determine if the proposed annexation complies with the provisions of the laws of the State of Colorado." Councilwoman Gray made a motion, seconded by.Councilwoman Reeves, to adopt the Resolution. YEAS: Councilmembers Bowling, Gray, Reeves, Kross, St. Croix, W'ilmarth. ' NAYS: None. THE MOTION CARRIED. - 274 - December 4, 1979 Ordinance Denied on First Reading, Annexing Property known as the Werner Annexation Following is the City Manager's memorandum on this item. "This Ordinance appeared on the November 6th agenda and was tabled to this date. Staff recommends denial of this Ordinance and will bring back another annexation Ordinance on January 8 at the time of the Hearing." Councilwoman. Gray made a motion, seconded by Councilwoman Reeves, to deny Ordinance No. 161, on First Reading. YEAS: Counci.lmembers Bowling, Gray, Reeves, St. Croix, Wilmarth, Kross. NAYS: None. THE MOTION CARRIED. Ordinance Tabled to January 8, 1930, on First Reading, Zoning the Werner , Annexation. Following is --,the City Manager's memorandum on this item. "This Ordinance appeared on the November 6th agenda and was tabled to this date. Staff recommends this Ordinance be tabled until January 8, 1980, to coincide with the Hearing on the proposed Werner annexation." Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to table Hearing and First Reading of Ordinance No. 162, to January 8, 1980. YEAS: Counci_lmembers Bowling, Gray, Reeves, St. Croix, Kross, Wilmarth. NAYS: None. THE MOTION CARRIED. Resolution Adooted Transferrina Funds between Appropriations. Following is the City Manager's memorandum on this item. - 275 - December 4, 1979 Attached is a memo from Phyllis L. Griep detailing the transfers required ' between departments in the General Fund for 1979. (No additional appropriation is necessary.) These transfers reflect expenditures as shown in the Preliminary 1930 budget document. Based upon the most recent information, our projected General Fund Budget Summary is as follows: BUDGET REVISED 79 79 Beginning Fund Balance $ 1,915,946 $ 1,831,182 Estimated Revenues 12,447,906 13,057,954 Estimated Expenditures 14,363,852 14,589,148* Ending Fund Balance -0- 299,988 *Includes $225,296 for 1978 encumbrances that were re-established in 1979. Estimated revenues are significantly higher than originally anticipated due to: - the volume of building permits issued before the election on the "No -growth" issue; - State legislation increasing the percentage of Highway Users Tax ' to municipalities; and - more than doubling the interest on investments. In accordance with Section 15, Article V of the City Charter, the following transfers need to be made in the General Fund.' I. Transfers from accounts: CITY COUNCIL $ 193 Personal Services expenses were not as much as'anticipated. CITY MANAGER Internal Auditing $ 4,038 This program was not continued after August 1, 1979. Public Information $ 21,908 The 1979 Budge' included an Assistant City Manager position which was changed to an Administrative Assistant position. Also, ' public information requirements for the new City Hall were not known at the.time of budget preparation. December 4,.1979 COMMUNITY SERVICES Administration 5 5,272 Personal Services expenses were reduced with the elimination of the Administrative Aide position. in August. FINANCE Purchasing $ 486 Salary savings due to vacancies throughout 1979. FIRE Administration $ 4,354 Salary savings due to the elimination of the Deputy Fire Chief position. PLANNING AND DEVELOPMENT Planning $ 2,731 Salary savings due to vacancies. SPECIAL ITEMS Contingency Money was budgeted for implementation of the $ 585,746 . 19'79 pay plan ($425,000) and for emergency items to be distributed to Departments throughout the year.. Transfers $ 454,276 Money was budgeted for additional pension contributions and needs to be distributed in accordance with City Council action during 1979. The total amount to be transferred from departments is: $1,079,004 II. Transfers to accounts: BOARDS AND COMMISSIONS $ 2,721 Required for the additional activity in 1979. CITY ATTORNEY $ 5,441 Required for supplementation of books ' and periodicals for the legal library and personal services. CITY CLERK Required for the addition of the Word Processing and Central Copying Programs in the City Clerk's Office. CITY MANAGER Administration Required for Personal Services and consulting assistance. Management Information Systems Required for additional programmers to complete utility billing system. Management Services Required for outside consultants on the Capital Project Management/Control System. December 4, 1979 $ 2,232 $ 21,882 $ 11,162 $ 11,732 Word Processing $ 51,543 Required for the purchase of the Vydec Word Processing equipment and its operation in 1979. COMMUNITY SERVICES Cultural Affairs $ 9,007 Required for Personal Services. Human Resources $ 1,580 Required for Personal Services. Library $ 37,688 Required for Personal Services and book purchases. EMPLOYEE DEVELOPMENT $ 3,100 Required for Personal Services FINANCE Administration $ 41,578 Required for new Deputy Finance Director position and reorganization, consulting services for project tracking and encumbrance systems, and purchase of micro -fiche readers. Accounting $ 12,500 Required for one (1) Accountant position added during the reorganization. 1 December 4, 1979 Budget $ 16,498 Required for two (2) Budget Technician positions and reorganization related expenses. Revenue $ 11,937 Required for Personal .Services. FIRE Fire Prevention $ 11,685 Required for Personal Services. . Operations $ 191,597 Required for Personal Services (pension costs are $130,000), equipment surcharge, and garage door repairs to Station 1. Training $ 2,883 Required for Personal Services. MUNICIPAL_ COURT $ 812 Required to pay for the cost of lodging sequestered juries in accordance with an agreement with the County. PARKS AND RECREATION Administration $ 7,470 Required for the new Administrative Assistant position. Cemeteries $ 2,356 Required for Personal Services. Forestry $ 21,046 Required for Personal Services (including seasonal help), and tree removal. Parks Maintenance and Construction $ 9,985 Required for Personal Services and equipment surcharge. Planning and Open Space $ 24,791 Required for Personal Services. Recreation $ 22,231 Required for Personal Services, outside reproducti n, office supplies, and increased utility expenses. C- 27.9� December 4, 1979 PLANNING AND DEVELOPMENT $ 5,071 Administration Required for Personal Services. Building Inspection $ 16,495 Required for cashier position and temporary help and equipment following the hail storm. POLICE Office of the Chief $ 12,415 Required for Personal Services and radio and telegraphic equipment. Investigative Services and Support $ 64,662 Required for Personal Services, car allowances, equipment fund rents, and photography services. Planning Budgeting & Administration $ 37,937 Required for Personal Services, telephones and outside reproduction expenses. Uniformed Services $ 185,273 Required for Personal Services ($96,805 for pensions), overtime, increased cost of office rental, and utilities. PUBLIC WORKS Administration $ 12.775 Required for Personal Services and the costs associated with the reorganization. Engineering $ 22,552 Required for Personal Services and overtime. Facilities $ 93,047 Required for Personal Services, overtime, utilities, energy conservation program, unanticipated building repairs, and janitorial supplies. Streets $ 16,649 Required for additional labor and equipment due to snow storm. Traffic $ 23,134 Required for,Personal Services, telephone and office equipment expenses. 82 0 December 4, 1979 SPECIAL ITEMS Insurance Required for increased premium costs for Employee Liability and Physical Property Insurances and unanticipated Workmen's Compensation expenses. The total amount to be transferred to departments is: Ordinance Adopted on First Reading, Providing for the Master Planning of Phased Developments Following is the City Manager's memorandum on this item. 53,537 $1,079,004 Attached please find proposed modifications to the P.U.D. ordinance concerning phased developments. As our ordinance presently stands, phased developments can only be approved in conjunction with an approved preliminary .plan. The difficulty with this approach has been that developers are rarely prepared to specify the det�;Jl s required in a.preliminary plan for the later phases of multi -phased projects. Moreover, in those few cases in which developers actually. do provide preliminary plans for the later phases of a given project, changing conditions between the first and the later phases usually require that the preliminary plan for the later phases be substantially amended. In the last few years, we have developed the custom of requesting "master plans" for phased projects. From the City's point of view, this was desir- able because it enabled us to provide for transportation planning,park and recreational facility location, etc. Unfortunately, our present zoning ordinance has no provision for master plans. We propose that master plans be required for all multi -phased projects and that no development be permitted .i1n,an area which is inconsistent with the approved master plan. The master plan would be less detailed than a pre- liminary plan but would permit us to.provide for such essentials as trans- portation planning, open'space development, school site selection, etc. In order to discourage speculative activity, we would provide that the prelimin- ary plan for the first phase of any proposed development be submitted along with the master plan for the entire development. By way of summary, we feel these proposed changes will merely legitimatize the practice which already exists of requiring master plans while at the ' same time, giving both the developer and the City the necessary tool to accurately predict future developments in any given area. - - (281 - December 4, 1979 Recommendation At their regular business meeting on November 15, 1979, the Planning and Zoning Board recommended approval of the amendment to the P.U.D. regula- tions to allow for Master Plans and Phasing of Preliminary P.U.D. plans. Councilman Kross made a motion, seconded by Councilaro'man Reeves, to adopt Ordinance No. 172, 1979, on First Reading. YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Kross, llilr.;arth. !LAYS: None. THE "40TIOd CARRIED. First Christian Church, Haster Plan and First Phase Preliminary Plan Approved. Following is the City Manager's memorandum on this item. I. Land Use Data The petitioners are seeking Master Plan annroval for a 25.25 acre site, consisting of a 136,293 sq. ft. church building and accessory recreational facilities and parking. The site is located on the south- east corner of the intersection of Lemay Avenue and Drake Road, all with- in the municipal limits. The property is zoned R-L-P, Low Density Planned Residential, and R-P, Planned Residential, and is presently vacant.. The surrounding.zoning and land uses are as follows: N: RL Existing water body (Lake Parkwood) S: RP and RLP Existing single family residences (Eastborough Subdivision) E: RL Existing single family residences (Eldorado Springs 2nd Subdivision) W: BP Under construction (Scotch Pines Shopping Center) Land Use Land area . . . . . . . . . . . 1,100,000 sq. ft. (25.25 acres) Total floor area . . . . . 136,293 sq. ft. Floor area ratio . . . . . . . .12 Coverage Building coverage Driveway and parking Public Street R.O.W. Landscaped area Active open space 100,279 sq. ft. ( 9.12%) 546,644 sq. ft. (49.69%) 66,800 sq. ft. ( 6.07%) 294,253 sq. ft. (26.75%) 92,024 sq. ft. ( 8.37%) - 282 - 11 December 4, 1979 Parking required (1 space/5 seats) 840 spaces Parking provided (1 space/2.5 seats) 1,047 spaces Phases Phase I - 50,000 sq. ft. of multi -purpose area: Worship area (seating up to 1200 people), recreation and kitchen; education area, (approximate 700 seating capacity), and; gallery for meetings, exhibits, etc. Other: Parking. (385 spaces) and volleyball and playing field. Scheduld: Construction begins; April, 1980. Construction completed, January, 1982. " Chief Planner, Curt Smith, presented slides of the model of the proposed church and called Council's attention to the following memorandum from the City Attorney's office regarding their concerns. TO: The Honorable Mayor and City Council FM: Donald C. Deagle, Assistant, City Attorneyb kg ' DT: November 29, 1979 SJ: First Christian Church; Master Plan Phasing The First Christian Church P.U.D. represents the first opportunity the Council will have to implement the new "master plan" amendment to the P.U.D. Ordinance. With this filing First Christian is requesting prelimi- nary approval of Phase One and master plan approval for the entire site. Phase Two calls for the construction of an 85,000 square foot administra- tion building/sanctuary/community center. The justification for master planning is to provide a mechanism for planning transportation schemes, school sites, etc., while leaving the more detailed elements of a development (building envelopes, elevations, etc.) to the preliminary and final plans. It was believed a developer needed to be able to know and rely upon such things as road location, school sites, etc. in planning the later phases of a development. We purposely placed no time limitations on the validity of a master plan because we felt the elements covered by a master plan were of an enduring nature. However, we did not intend to alter the code provisions which discourage speculative planning by placing two year limitations on the validity of final plans. I - 283 - December 4, 1979 First Christian does ' not fit squarely with the master plan concept for two significant reasons: First, it is basically a master plan for a structure as opposed to a development. (roads, parks, school sites, etc.), and secondly, it provides for the construction of Phase Two over a twenty- year period. In approving the master plan the Council would, in essence, be authorizing the construction of Phase Two to take place sometime within the next twenty years under today's codes and standards. This strikes me as coming very close to authorizing speculative development under the guise of master planning. In my opinion, few, if any, of the master plan goals are achieved by the First Christian Church master plan. It can be argued the Church is seeking to "lock in" the City to a specific plan which may not come to function for twenty years, if at all. -- In effect, defeating the anti -speculative feature of the P.U.D. Ordinance. While we believe the First Christian Church master plan is legally sufficient, we are concerned about the twenty-year period. In our minds the more appropriate procedure would be for the Church to come back with the plans for Phase Two when they are ready to proceed with Phase Two. In that manner, the plan would then be evaluated and approved under .the then existing standards.!, Curt Smith then responded to Council inquiries regarding the Master Plan which would grant.the applicant a variance on the height, and permission ' to exceed city standards on the entrance and exit drives, delay of construction of privacy fencing until those areas are developed. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to approve the First Christian Church, Plaster Plan and First Phase Preliminary Plan. YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilmarth. NAYS: Councilman Kross. THE MOTION CARRIED. (Secretary's note: Because a person wishing to speak on this item was not given an opportunity to speak the following action was taken). Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to re- consider the action taken on this plan. YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilmarth and Kross. NAYS: "Done. THE MOTION CARRIED. Mr. Gordon Warrington, 2611 Dorado Ct., expressed his concern regarding the ' street alignment, the landscaping phasing, buffering between the site and the adjoining residential properties, dust and noise pollution during con- struction and sought assurances that the adjoining properties would not be adversely impacted by storm drainage. December 4, 1979 ' The Architect for the Church reported they would meet again with adjoining property owners and attempt to minimize the problems. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to aoprove the First Christian Church, Master Plan 'and First Phase Preliminary Plan. YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilmarth NAYS: Councilman Kross. THE MOTION CARRIED. Amendments to 1415 - 1417 South College P.C.D. Approved. Following is the City Manager's memorandum on this item. Proposal The applicant requests an amendment to an approved P.U.D. for 1415 - 1417 S. College. The amendment consists of three parts: 1. Increase to the useable square footage of the building from 1400 sq. ft. to 3000 sq. ft.; 2. Delete the condition for the removal of the concrete driveway on ' the north side of the building; 3. Delete the construction of a fence between the property to the north. Background The original P.U.D. for 1415 and 1417 S. College was recommended for .approval by the Planning and Zoning Board August 14, 1978, and by the City Council on September 19, 1978. The approval,�aas based on previous actions in the area and upon the policies outlined ih'a memo dated May 25, 1977, from the Planning Director to the City Manager. (Copy attached). The limitation on the useable footage was also based upon,the space available for parking and the parking requirements of the zoning ordinance of one (1) space per 200 sq- ft. Recommendation The Planning and Zoning Board recommended to City Council the following: A. The request to amend the increase from 1400 sq. ft. to 3000 sq. ft. be approved; B. The request to delete removal of the driveway be denied. However, the part of the driveway to be used as a walkway and for landscaping purposes be retained. ' C. The request to delete the fence be denied. This recommendation is subject to the following conditions: 1. The allowable uses be limited to professional offices excluding medical and dental offices and clinics and real estate offices; - 235 - December 4, 1979 2. The notes on the site plan be clarified on the final; 3. The other conditions of approval of P.U.D. #113-78 are still appli- cable to this parcel. The Planning and Zoning Board members expressed concern about the condition of the alley behind the subject property. Board members felt that the City should improve the alley. There was neighborhood opposition present at the. Planning and Zoning Board hearing. Letters in opposition were submitted to the Planning and Zoning Board (attached). However, there are no variances renuested as Dart of this proposal as suggested by the letters. The dDDlicant has submitted a letter agreeing to the Planninc, and Zoning Board recommendation. Mr. Doug Anderson, of Brothers Three Realtors, spoke to the number of parking sites and the traffic in the alley. Councilwoman Gray made a motion, seconded by Councilman Wilmarth, to approve the Amendments to 1415-1417 South College P.U.D. YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilmarth. NAYS: Councilman Kross. THE MOTION CARRIED. Ordinance Tabled To December 18, 1979, Relating to Conversions from Residential to Non -Residential Land Uses in the R-H Zone. "Following is the City Manager's memorandum on this item. The proposed ordinance change would establish a procedure any conversion of a residential to a non-residential land demolition of any residential land use located in the R-H change is requested to enable full evaluation of land use R-H zone and to assure such conversions are consistent wi objectives, and policies of the City. Refer to, the attac Smith concerning the purpose and need for this ordinance. for the review of use and for the zone. This ordinance conversions in the th adooted goals, ied memo from Curt December 4, 1979 ' The staff and the PTanning and Zoning Board recommend adoption of this ordinance. The motion of the Planning and Zoning Board recognized that this change is not the ultimate solution to the problem and should be considered only as a measure to give time to develop the long-range solution by requesting a review of the ordinance within one year° During the year the staff would be directed.to develop permanent solutions. The staff and the Planning and Zoning Board recommend adoption of this ordinance. The motion of the Planning and Zoning Board recognized that this change is not the ultimate solution to the problem and should be considered only as a measure to give time to develop the long-range solution by requesting a review of the ordinance within one year. During the year the staff would be directed to develop permanent solutions. " City Attorney, Lucia Liley, read a proposed amendment, intended to allow demolition without review, but if any non-residential use would be.deemed a conversion, which would require site plan review. Ms. Mary Harnett read a letter, signed by 59 residents of the Laurel School district, the letter is as follows: Dear City Council Member, Speaking as.resident_s ofcthe Laurel School Historic District. we wish to voice our opposition .to the proposed zoning ordinance amend- ment regarding off street parking. We feel that this amendment is entirely too broad in it's scope and that it's passage could endanger' the quality of life in cur neighborhood. This district is historically unique in it's residential character and is the core area which is essential to the health of the Ft. Collins 'inner city'. This amendment could lead to business conversion in a relatively short period of time, and this conversion process concerns us as residents for several reasons. We know from past experience that business concerns.do, in fact, reed space for the customers to park and that if business doesn't provide the space then the public does, and pays for it, both now and in the future. There is the problem of the displace--ent of persons, particularly low income citizens, who are forced to move in a time of housing shortages. We are concerned about the inevitable increase in urban decay which accompanies the spread of a commercial area. Rising crime rates and higher pollution levels will directly affect our health and welfare. We have already seen some of our city's most beautiful homes removed for the sake of plastic signs and blacktop. It is possible for business and residential uses to coexist with mutual satisfaction, however because of the vulnerability of our neighborhood we wish the city would adopt ' a "Proceed with Caution" attitude in this area. We feel that this amendment will end up causing more and severe problems than it will solve, especially for those of us who will literally have to live with it. - 287 - December 4, 1979 For many of the above reasons we support the conversion review ' in the RF Districts, perhaps this is the begirning for more nn ighboncccd input into the planning process. 77e are well aware of the problems of decay in the older residential areas, many of which nave oee_nbrought on by speculation. We recognize too, that these problems need immtdiatt attention. To that end we direct you to the City Plannitg Goals yo.'s 32-35 which call for a Core Area Dtvelopment Plan. When? lie don't want to be constantly on tat defensive of our riLat_ «s residents, with our options limited to band -aid measures, d cohesive plan will be to the benefit of all and we won't risk losing a valuable resource of historical places and varied life styles. We incite you to come take a walk and set for yourselves the unique character of this neighborhood and the need for positive action. You will notice the majority of sidewalks are in disrepair, that four houses are boarded up on as many blocks of Remington, and that a Rental Licensing Law is sorely needed. This is a sad trend and further delay can only mean further decay. We recuest your urgent attention to these matters and thank you for your consideration. Residents, Laurel School Neighborhood I Mr. Lester Kaplan spoke to concerns he had regarding the logistics of the review of a use change. Councilmembers expressed concern regarding the conversion process outlined in this ordinance. City Attorney, Lucia Liley, stated prior to second reading administrative guidelines would be prepared for Council review. Councilwoman Gray made a motion, seconded by Councilwoman Peeves, to table this Ordinance to December 18, 1979. YEAS: Councilmembers Bowling, Gray, Peeves NAYS: Councilmembers Kross, St. Croix, Wilmarth. THE MOTION FAILED. Councilman Kross made a motion, seconded by Councilman Wilmarth to deny the Ordinance. ' YEAS: Councilmembers Bowling, Kross, Wilmarth NAYS: Councilmembers St. Croix, Reeves, Gray THE MOTION FAILED. - 288 - December 4, 1979 t Ordinance Adopted on First Reading, Providing for Conceptual Review of Subdivision Plats. Following is the City Manager's memorandum on this item. "The attached Ordinance would implement development review procedures as discussed at recent work sessions. Insofar as the applicant is concerned, the changes in development review procedures would permit a developer to submit a consolidated preliminary and final plan or plat to the Council if that plan or plat had been approved by the Planning and Zoning Board without conditions. Staff has prepared a waiver form for the applicant to sign if he elects to follow this stream- lined procedure. A copy of the waiver is attached." Councilwoman Gray made a motion, seconded by Councilman Kross, to adopt Ordinance No. 175, 1979, on First Reading. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilmarth. NAYS: None. THE MOTION CARRIED. Ordinance Tabled to December 18, 1979 on First Reading, Creating Storm Sewer Improvement District #17. Following is the City Manager's memorandum on this item. 'Ihe attached Ordinance was tabled until this date and is the next step in the creation of this improvement district. The Resolutions accenting the recommendation of the Director of Public Works and adopting the report of the City Engineer, were adopted by Council on October 16th. For reasons set forth in the City Attorney's memo which is attached, the administration is recommending that consideration of this Ordinance be tabled until December 18th." Councilwoman Gray made a motion, secondedby Councilman Kross, to table Ordinance No. 166, 1979, to December 18, 19,7.9. YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilmarth and Kross. WAYS: None. THE MOTION CARRIED. - 289 - December 4, 1979 Ordinance Adopted on First Reading, , Deleting Parking Requirements from all Zones except the R-H zone. Following is the City Manager's memorandum on this item. This proposed ordinance would: 1.. Standardize off-street parking supply requirements for residential use in all zones and for institutional uses permitted in residential zones; 2. Eliminate off-street parking supply requirements for commercial uses, except for an employee parking requirement, and except for requirements in the R-H Zone which would.remain as presently adopted; 3. Establish design and performance standards for off-street parking areas. This ordinance simplifies and reduces the government regulations pertaining to development while assuring improvement in the quality of development. The attached memo from Paul Diebel to the Planning and Zoning Board presents background information and the rationale for this proposal. The staff and the Planning and Zoning Board recommend approval of the ordinance ' change. The City Parking Commission has also reviewed the proposal and supports the change with the recognition that the commission will be bringing forth proposed ordinance changes to address the downtown parking problem. Chief Planner, Curt Smith, addressed the requirements of the proposed Ordinance and presented slides of areas in the City. Mr. Arvin Lovaas, 304 East Myrtle stated he felt the parking needs are not met through the City with the current requirements. Councilwoman Gray made a motion, seconded by Councilman Wilmarth, to table this to a work session. YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Kross and Wilmarth. NAYS: None. THE MOTION CARRIED. - 290 - December 4, 1979 Other Business a. City Attorney, Lucia Liley, distributed a memorandum in response to a letter to the State Electrical Board, and requested Council authorization to respond, setting ;the two compromise positions, either replacement by attrition, or to.allow existing inspectors to take the exam and be given credit for their inspection experience. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to authorize the Legal Staff to draft the requested letter. YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Kross,and Wilmarth. NAYS: None. THE MOTION CARRIED. b. Mayor Bowling requested Council appoint an advisory Committee to review the updated Master Plan. He recommended Bernard Girouard, Larry Wall, Transportation Chamber Committee, and Howard Alden, County Open Space Committee,further, that the League of Women Voters appoint one member. Councilman Wilmarth, made a motion, seconded by Councilman Kross, to approve the appointments. YEAS: Councilmembers Bowling, Reeves, St. Croix, Wilmarth, Kross and Gray. NAYS: None. THE MOTION CARRIED. Adjournment The meeting was adjourned to 5:30 p.m, on December 11, 1979. The meeting was adjourned at 11:10 p.m. Mayor - 291 -