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HomeMy WebLinkAboutMINUTES-05/01/1979-Regular1 May 1, 1979 3. The water rights in the amount of 0.85 acre feet per dwelling unit shall be provided to the City by the Petitioner. This would permit the average annual use of 276,973 gallons of water for domes- tic or irrigation purposes. Significant usage be- yond this amount would subject the dwelling owner to the requirement of providing additional raw water rights. 4. The above provisions be incorporated into a legal agreement binding on all future property owners. Councilmembers questioned if this proposal fell under the State plan, and the obligation of the City to provide for other taps. Mr. Glen Farnham representing Mr. Yelek spoke in support of the request. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to approve the Out -of -City Water Request. Yeas: Councilmembers Bowling, Kross, St. Croix, Wilkinson and Wil- marth. Nays: Councilmembers Gray and Reeves. THE MOTION CARRIED. Regular Meeting Community Development Public Hearing Mayor Bowling declared the hearing open at.5:20 p.m. Following is the City Manager's memorandum on this item: "The Community Development Block Grant program requires two public hearings after considerable citizen involvement. Coun- cil reviewed the citizen task force recommendations as well as Staff recommendations at the first hearing held on April 17th. Council may want to follow this procedure: 1. Hear any new ideas about funding. 2. Hear any public comments about original requests. 3. Allow a brief comment from Staff. -410- May 1, 1979 4. Hear Council questions and comments. ' 5. Decide on the allocation of funds to be requested. A memo is attached from Jim Woods that answers a Council question asked during the first hearing. Also attached is a letter from the Northeast Parks and Recreation Advisory Board, recommending against funding the second phase of the Riverside Park Development. Al.so attached are basic materials of the two sets of recom- mendations. Staff's recommendations differ with the Citizens in only three areas. Addin Riverside Park, deleting the Traffic Study, and adding t e art in the park_scure. Riverside Park: Holding off on this project is to deny Phase II, which is the development and usable phase. Phase I -- to be done this year, the playground, ballfields, and usable areas would be added. Most of the operational disagreements at the Center are com- munication problems. Some are even inexperience in running the Center problems. But the holding up of this project would not be in the community's interest -- whether that's considered to be Northside Community or community as a whole. Traffic Study: Our Staff can do the study. Maybe it will take a little longer, but we can do it. There are higher priorities, in my judgment. Art in the Park: $2,500 for a scuplture is not much for the benefit. For many people, sculpture is the only appreciated art form. We should encourage this kind of activity, if only minimally. This is how our recommendation looks for the 1979 budget year as contrasted to the Citizen's Steering Committee's recommendations: -411- 1 �J May 1, 1979 1979 Proposals Committee City Housing/Redevelopment Proposals Housing Rehabilitation $195,000 $195,000 Neighborhood Improvements 50,000 50,000 Acquisition and Redevelopment 20,000 20,000 Rental Inspection Program 20,000 20,000 Handicapped Advisory Committee 25,000 25,000 Seed Money, Housing Services 35,000 35,000 Water and Sewer 33,200 19,000 Downtown Parking and Improvements 75,000 75,000 Design Plan, Triangle 8,000 8,000 Facade Renovation Seed Money - - Housing Authority Land Set Aside 50 000 50,000 Sub -Total 511:200 497,000 Other City Proposals Buckingham Greenbelt 31,400 - Mountain Avenue Center (restroom only) 5,000 5,000 Alta Vista Playground 6,000 - Andersonville Vest Pocket Park 10,000 - Riverside Park, Phase II - 58,000 Art in the Parks Demonstration Project - 2,500 Northside Community Center Addition - Parking and Circulation Study 20 000 - Sub -Total 72:400 90,600 Nonprofit Agency Proposals Fort Collins Food Co -Op 25,300 25,300 Neighbor -to -Neighbor 31,300 31,300 Volunteers Clearing House (Renovation) 8,000 8,000 Community Crisis Center (Renovation) 7,000 7,000 Battered Women's Task Force (Rent) 19,000 19,000 Sub -Total ­9 ,666 _79F 06 Held for New/Revised Requests 800 - Contingency - 21,900 Administration 75 000 75 000 TOTAL 0,000 -412- May 1, 1979 Jim Woods spoke to a memorandum regarding the Food Co-op I proposal, and responded to Council inquires regarding the Safe Home for Battered Women. The Mayor then called for Citizen Participation 1. Ms. Jerry Hancock, Chair of the Board of Battered Women Task Force, presented copies of the amended funding plan and budget. Hearing no further public input Mayor Bowling declared the public hearing closed. Councilmembers indicated their personal preferences on in- dividual project allocations from among the twenty-two pro- jects. Staff and the Citizens Steering Committee were asked to pre- pare a new funding allocation based on Council comments for this hearing to be presented at the May 8, 1979 Work Session. Citizen PartiCipation (a). Mayor Bowling declared the Month of May as "Women in the Arts Month". (b). Mayor Bowling declared the 5th of May as "Cinco De Mayo Day". City/County Commissioners Joint Public Hearing on the Fort Collins Parkway Following is the City Manager's memorandum on this item: "The City Council and County Commission will hold a joint public hearing on the Parkway general route. This hearing will be an informational hearing, not a strictly legal hear- ing as conducted by the Highway Department for purposes of the Environmental Impace Analysis. Since the Highway Department has held all the public hear- ings on the route west of 287, this hearing will concentrate on the portion of the Parkway between 287 and Highway 14. City and County have held a joint work session and agreed on the route. But public input is sought before a decision is to be made. -413- May 1, 1979 ' Staff recommends Council and Commission jointly hear public comments about the Parkway route and Council take official action." City Attorney Liley advised Council that the hearing set by the City Council and County Commissioners, is not one re- quired by law before a corridor can be designated. There will not be a formal presentation; the purpose of the hearing is to get additional public input on the proposed corridor to aid the Council and the County Commissoners to make re- commendations to the State Department of Highways. City Attorney Liley then detailed the history of the required public hearing already held by the State. Director of Public Works, Roy A. Bingman, spoke about the pro- cess of arriving at a recommended route made to the City Coun- cil and Traffic Engineer, Bob Lee, made additional general com- ments on the parkway routing. Mayor Bowling then requested those persons who had signed up to speak concerning the Fort Collins Parkway Eastern portion (from North College Avenue, southeast to Colorado 14). City Clerk Verna Lewis called on the following persons who gave comments: 1. Dolores Williams, 1520 Hillside Drive. ' 2. Lou Stitzel, representing Neighbor to Neighbor. 3. Loren Maxey, 615 South Loomis. 4. Mel Schamberger, 1 Steeple Chase Ct. 5. Gene Barker, 142 N. Summitview. 6. Dan Livinghouse, 126 S. Colorado Road 9E. 7. Mrs. William Youder, 2934 E. Mulberry. 8, William Lauer, 2206 Hiawatha Ct, representing the transpor- tation Committee of the Chamber of Commerce. 9. Bill McCambridge, 1905 Richards Lake Road. 10. Paul Gresky, 2351 Ridgecrest Road. Their major concerns were that the route should be moved further north, providing for a true bypass for through traffic, safety concerns for at -grade intersections, a recommendation for a Vine Drive alternative, and bicycle safety along the corridor. Traffic Consultant, Dick Bauman, of Transplan Associates of Denver and Traffic Engineer, Bob Lee, responded to points raised by the Citizens making comment. -414- May 1, 1979 County Commissioners Nona Thayer and Courtlyn Hotchkiss also ' posed questions to the Traffic Consultant. County Commissioners Thayer and Hotchkiss commented on the proposed alignment. At the conclusion of the hearing; Councilman St. Croix made a motion, seconded by Councilman Wilkinson that the City Coun- cil recommend to the State Highway Department alignment 2-B. (Alignment 2-B crosses Lemay Avenue, dips over the railroad tracks, over Vine Street goes between the airstrip and the rail- road track, continuing along Timberline and connecting with Colorado 14 to the east of Summitview.) Yeas: Councilmem- bers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Commissioner Hotchkiss made a motion, seconded by Commissioner Thayer that the County Commissioners concurr with the unanimous vote of the City Council and reluctantly support the 2-B align- ment. Chairman Thayer put the motion which was unanimously adopted. Mayor Bowling then presented a plaque of appreciation to Mr. ' Dwight Miller for a donation of land to the Poudre Trail. Mayor Bowling then announced a ten minute recess to be fol- lowed by a hearing on the western section of the parkway to be conducted by the County Commissioners. At the conclusion of the hearing .by the County Commisssioners; Commissioner Hotchkiss made a motion, seconded by Commissioner Thayer that the County Commissioner recommend to the State Highway department, the adoption of the orange route, with one condition; that the State Highway Department be requested to reconsider placing the route away from the Stengner Property (where the route passes Shields Street going west to possibly swing north and cross 287 east of the intersection of Taft Hill and 287). The chairman put the motion which was unanimously adopted. -415- May 1, 1979 Resolution Adopted ' Authorizing the Acceptance of a Gift of Land from Dwight S. and Dorothy Miller Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wil- marth. Nays: None. THE MOTION CARRIED. Replat of a Part of Block 1, Thunderbird Estates, Ninth Subdivision, Approved Following is the City Manager's memorandum on this item: "This is a preliminary plan proposal for a four -lot subdivision on 1.9 acres zoned "H-B," Highway Business District, located on South College at Del Clair Road. The applicant is Eagle Enter- prises. The Planning and Zoning Board discussed this item at tis April 9th meeting. It was the Board's unanimous recommendation to approve the proposed plan subject to the following conditions ' being met: 1. A note be added to the plat which eliminates all vehicu- lar access from Lots 2, 3, and 4 to Remington Street except for one common access easement between Lots 2 and 4. 2. The utilities plans include sidewalks for streets and landscaping in the public right-of-way and show the placement of curb cuts along Del Clair Road and the access road. 3. Engineering Department will require drainage informa- tion to the final plat approval. 4. A 10' public utility easement be provided along the perimeter. 5. The subdivision agreement between the City and the Owner shall contain a provision which prohibits any other cross access easements except the one common driveway between Lots 2 and 4. The purpose of this provision is to eliminate traffic using Remington Street. The subdivision agreement shall also contain a provision addressing conditon #1. -416- May 1, 1979 The applicant has agreed to these conditons. Staff recommends ' approval." Attorney David Wood representing the applicant stated he was appearing only to confirm that all of the conditions indicated on the recommendation for approval are agreeable to the appli- cant. Councilwoman Gray made a motion, seconded by Councilman St. Croix, to approve the replat of a part of Block 1, Thunderbird Estates, Ninth Subdivision. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Regulations Governing the Use of Public Streets, Sidewalks, Malls, and Plazas by Street Vendors Adopted as Amended Following is the City Manager's memorandum on this item "At the last regular meeting, Council passed on first read- ing Ordinance No. 52 (the following Council item) which related to the use of public streets, alleys, etc., which would allow ' for certain street vendors and special events to take place on various public areas. Council directed Staff that prior to the second reading of this Ordinance, the rules and regula- tions governing the implementation of this Ordinance be approved by the Council. The attached Rules and Regulations are summar- ized as follows: Definition: This section of the Rules and Regulations clarifies terminology which is used in defining public streets, sidewalks, malls, and plazas to be used by street vendors. Vendor's Permit: This section of the Rules and Regula- tions sets forth a non-refundable fee of $25 which shall be charged for the issuance of each vendor permit. 3. Limitation on Number and Location of Permits: No more than three vendors shall e permitted to operate within any one block and no more than two vendors shall be al- lowed in the Oak Street Plaza. 4. Prohibited Locations: No permit shall be issued for any vending operation which would be in direct competi- tion with any established business located within one hundred feet of the proposed vending location. ' - 4,17 - May 1, 1979 5. Operating Rules: This section deals with health, noise, litter and other legal aspects required in regulating vendors in public areas. 6. Permit Suspension: This section sets forth policies governing the revocation of permits for cause and establishes hearing and appeal procedures. 7. Special Events Permit: This section deals with spec- ial events to non-profit, civic, or fraternal organ- izations who wish to utilize public streets, sidewalks, etc. for various activities. Staff recommends Council approve these Regulations as proposed." City Attorney Liley stated the staff has had discussion with some of the downtown merchants. Some of them would like to ad- dress Council and make some recommendations. Mr. Pete Sakala, president of Downtown Merchant's Association, made the following recommendation to change the regulations: 1. That the three month permit be changed to semi-annual or a six month permit. 2. That the fee be changed from $25 to $200, non-refund- able. 3. The inclusion of a Security Bond for each license. 4. Clarification of number of special events per year. 5. That vendors be dispersed rather than being all in one area. Ms. Carolyn Curto, proposing Hot Dogs from. Heaven, spoke against the increased fees and against requiring vendors to be located under canopys. Tony Tyson of Magnolia Street spoke in opposition to the $200 proposal of the Downtown Merchants Association. Mr. Mark Solano, News Editor of the Fort Collins journal also spoke against the $200 recommended by the Downtown Merchant's Association. Mr. Hugh Havers, Manager of J.C. Penney Co., recommended tabling "this to give us more time to look at it together." Mr. Debbie Bonner, owner of the Stone Lion Book Store, supported the ordinance as it stands and.against the $200 fee. Ms. Clair March of Points and Particulars, spoke to the Merchant's con- cern for quality. Mr. Chris McElroy of Accents and Images stated he was totally opposed to vendors. 1 -418= May 1, 1979 Councilmembers expressed divergent views from tabling to ' moving ahead on this item. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to adopt the regulations as written with the deletion of Section 7 and direct the admini- stration to work with the Downtown Merchant's and bring back any further recommendations they might have, and to substi- tute two vendors per block rather than three, in Section 3. Yeas: Councilmembers Bowling, Gray, Kross and Reeves. Nays: St. Croix, Wilkinson and Wilmarth. THE MOTION CARRIED. Ordinance Adopted on Second Reading Relating to the Use of Public Streets, Alleys, Sidewalks, Plazas, and Malls and Such Public Places Councilwoman Gray made a motion, seconded by Councilman Kross, to adopt Ordinance No. 52, 1979, on second reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves and St. Croix. Nays: Councilmembers Wilkinson and Wilmarth. THE MOTION CARRIED. Setting Date of Election for Sales I Tax Extension Following is the City Manager's memorandum on this item: "At Council's request, we have placed this item on the Agenda. By motion, Council can table the September 11, 1979, Sales Tax Extension Initiative indefinitely." Councilman Kross recommended that Council consider tabling the setting the date of the election for 45 days. Councilman Kross made a motion, seconded by Councilwoman Gray, to table setting the date for a Sales Tax Extension for 45 days. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None.. THE MOTION CARRIED. -419- ' Adjournment The meeting was adjourned at 10:20 p.m. ATTEST: City Clerk -420- May 1, 1979