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HomeMy WebLinkAboutMINUTES-01/03/1978-Regular' January 3, 1978 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Regular Meeting - 5:30 P.M. A regular meeting of the Council of the City of Fort Collins was held on Tuesdav, January 3, 1978 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: Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Staff Members Present: Arnold, Deibel, Kaplan, Bingman, Krempel, Wood, Liley and Lewis. Also: City Attorney Arthur March, Jr. Consent Calendar Items These are items of a routine or non -controversial nature, on which a unanimous vote of approval is expected. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. (The purpose of this calendar is to allow Council to spend its time and energy on more important items.) Mayor Bloom inquired if there were items to be withdrawn from the consent calendar. City Manager Arnold requested item "B6,'Second Reading of Ordinance No. 147, 1977 be withdrawn at the.request of the petitioner. City Attorney March requested item'I" be withdrawn and referred back to the legal staff for clarification. City Clerk Verna Lewis then read the ordinances by title. Following is the consent calendar: A. Minutes of the Special Council meeting of November 28, 1977 and the Regular meeting of December 13, 1977. 1 1 T January 3, 1978 B. Ordinances Adopted on Second Readin C (1) Ordinance No. 139, 1977 Being an Ordinance Calling ' a Special Municipal Election on April 18, 1978, and Submitting to the Qualified Electors of the City a Proposed Initiated Ordinance. (2) Ordinance No. 143, 1977 Being an Ordinance Repealing Section 42-4 of the Code of the City of Fort Collins Relating to a Cemetery Fund. (3) Ordinance No. 144, 1977 Being an Ordinance Amending Section 2-23 of the Code of the City of Fort Collins. (4) Ordinance No. 145, 1977 Being an Ordinance Amending Section 2-24 of the Code of the City of Fort Collins. (5) Ordinance No. 146, 1977 Being an Ordinance Vacating a Portion of an Easement in the Silverwood Village, First Filing. (7) Ordinance No. 148, 1977 Being an Ordinance Appropriating Funds for Expenditure During 1977. (8) Ordinance No. 149, 1977 Being an Ordinance Amending Section 52-8 of the Code of the City of Fort Collins Relating to Nonconforming Uses in Flood Hazard Areas. Schedule Appeal of Liquor Licensing Authority to the January 17, 1978 meeting. Following is the memorandum from the City Clerk on this item: "The Fort Collins Liquor Licensing Authority received an application from RCP Enterprises, (Richard C. Peterson Sr. and Richard C. Peterson Jr.) dba Goode Taste Crepe Shoppe a Beer and Wine License at 400 East Olive. Two public hearings were held on this matter on October 19, 1977 and on November 16, 1977; the premises were duly posted and publication given in the newspaper as required. On December 14, 1977 the Liquor Licensing Authority granted this license. I have received the attached request for a public hearing before the City Council to appeal the decision of the Liquor Licensing Authority, as provided in the Code. We have notified the appellant that they are responsible for obtaining a reporter's transcript of the hearing and they have advised us that they cannot obtain this trans- cript prior to the January 3, 1978 meeting. 1 January 3,. 1978 Therefore we are recommendingthat the City Council receive the appeal and set the matter for hearing at the next regular meeting of January 17, 1978." D. Approve Easements in Brown Farm, Second and Third Filings. Following is the memorandum from the City Manager on this item: "In order to clarify the legal situation concerning bike path and holding pond easements in the Brown Farm 2nd and 3rd Filings, it is necessary for the City Council to formally approve the attached dedication deeds, which were recorded by Wheeler Realty before official City action was taken. Approval of these easements is recommended since they are already recorded and since they could be vacated at a later date if necessary." E. Approve Resolution Designating Museum, Stone Cabin and Janis Cabin as Historic Landmarks Following is the City Manager's memorandum on this item: "The Cultural Resources Board has recommended that the Museum, Stone Cabin and Janis Cabin be designated as historical landmarks. There has been some question raised that since said site is City -owned property that this designation is not necessary. However, the Board's main concern is that this designation would open up several additional avenues for grant monies at the State and National levels. The specific concern for grants at this time are for (1) courtyard improvement and (2) climate control in the Museum." RESOLUTION 78-1 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING CERTAIN LANDS OWNED BY THE CITY AS A LANDMARK DISTRICT. WHEREAS, the City of Fort Collins is the owner of certain real property situate in the City of Fort Collins, County of Larimer, State of Colorado known as the "Museum", the "Stone Cabin" and the "Janis Cabin" which property is more particularly described as follows: Lots 2 and 3, Block 142, City of Fort Collins, Colorado: 3 January 3, 1978 and WHEREAS, the City of Fort Collins Historic Landmark Preservation Commission has recommended that such site be designated as a landmark district in accordance with the provisions of Sections 19-66 through 19-76 of the Code of the City of Fort Collins, Colorado; and WHEREAS, the City Council has considered such request and is in agreement that such site should be designated as a landmark district. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that that certain parcel described above, owned by the City of Fort Collins, be and the same hereby is designated as a landmark district; and BE IT FURTHER RESOLVED that the procedure set forth in Section 19-71 of the Code of the City of Fort Collins, shall be applicable to said site and shall be followed before any changes or alterations are made on such tract of land. , Passed and adopted at a regular meeting of the City Council held this 3rd day of January A.D. 197A . ATTEST: Ci y Clerk F. Approve Resolution Transferring $10,000 for Special Election Following is the City Clerk's memorandum on this item: "During the 1978 Budget Sessions, we advised the City Council that we had not budgeted funds for any election in 1978. The attached Resolution transfers $10,000 from the Contingency Account to the City Clerk's Election Budget." 4 1 1 jJanuary 3, 1978 RESOLUTION 78-2 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXPENDITURE OF A PORTION OF THE'AMOUAT HERETOFORE BUDGETED AND APPROPRIATED FOR EXPENDITURE DURING THE YEAR 1978 FOR CONTINGENCIES WHEREAS, the general fund budget for the year 1978 and the appropriation based on that budget include an item for contingencies; and WHEREAS, a special City election has been called for April 18, 1978, in order to submit to the qualified electors of the City a proposed initiated ordinance; and WHEREAS, it is estimated that such election will cost approximately $10,000.00 and no specific expenditure for elections in 1978 was budgeted; and WHEREAS, the City Council desires to provide for such expenditure. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the sum of $10,000.00 budgeted and appropriated in the general fund for 1978 for contingencies is hereby assigned to cover the expense of conducting the election on April 18, 1978, and the Director of Finance is. authorized to expend this portion of the amount budgeted for contingencies for such purpose. Passed and adopted at a regular meeting of the City Council held this 3rd day of January, A.D. 1978. A EST: Ci-ty Clerk 1 January 3, 1978 G 11 J Review and Ratify Joint Fort Collins -Loveland Study Committee Following is the City Manager's memorandum on this item The Larimer County Commissioners, three Loveland Council members, and five Fort Collins Council members net last week to discuss the area between Fort Collins and Loveland. All agreed the projected growth made traffic, land use, and jurisdiction something of a problem. The County has budgeted $15,000 for a study of the area. County Planner Timm reviewed a projected scope of study for the area and all discussed where the area boundaries would lie. It was agreed after much discussion that an ad hoc study committee would be created consisting of two Commissioners and two Council members from each of the two Cities. The committee's tasks would be to supervise the study, review the work scope, set the boundaries, and do whatever else was necessary to trove us all toward solution. This was agreed upon by members present, subject to review and support by respective City Councils. Receive and Review Communitv Development Block Grant Audi Following is the City Manager's memorandum on this item Kruchten and Company have ompleted an audit of the Community Development Block Grant funds. in their letter which is attached they suggested certain improve- ments in our accounting system on this Program. The Finance Department is currently working on these improvements and suggestions. This is for your infor- mation mainly, but needs to be received and filed formally. Agreement with the Colorado & Southern Railway Company for Installation of Grade Crossing Protective Devices Following is the City Manager's memorandum and recommendation on this item: E 1 1 11 January 3,. 1978 1 The C & S crossing at Lemay Avenue just south of Vine Drive meets the necessary requirements for installation of crossing protective devices. Under the Federal law the cost of such devices is borne 90% by the State and 10% by the City. The protective devices are installed by the Railway Company. It is estimated that the City's share of the cost will be $7,500. The agreement with the State for funding the project has previously been approved and executed. This agreement with the C & S will provide for the installation of the protective devices. Recommendation: The Administration recormiends that the City Council approve the proposed agreement and authorize the City Manager and City Clerk to execute it on behalf of the City. Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve items A, BY, B2, B3, B4, B5, B7, B8, C, D, E, F, G, H and J. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED B6. Ordinance Tabled on Second Reading Vacating Alleys A, B and C in Grandview Addition to the City of Fort Collins and Those Alleys East of Pearl Street in the Hensel Subdivision Assistant City Attorney Liley stated the petitioners had requested this item be tabled for approximately one month. Councilman Bowling made a motion, seconded by Councilwoman Gray to table second reading of Ordinance No. 147, 1977 to February 7, 1978. -Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None THE MOTION CARRIED I. Resolution Approving, an Agreement with the Union Pacific Railroad Companv Tabled City Attorney March stated this item should be referred to the legal staff for clarification of dates. Councilwoman Gray made a motion, seconded by Councilman Suinn to table this item and refer it to the City Attorney with instructions to report back. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 7 January 3, 1978 4. Ordinances on First Reading A. Ordinance Adopted on First Reading, Appropriating $235,000 from the General Fund Unappropriated Surplus for Contribution to the Pension Reserve Fund for Fire and Police. Following is the City Manager's memorandum on this item: The City Council at its November 29, 1977, work session reviewed the unfunded liabilities of the Firemen's and Police Pension Funds with the City staff and Thomas McComb, FCA. In his letter of November 10, 1977, to Mr. Ron Wood, Mr. McComb reeoimiended annual contributions of $80,000 per year for the Police Pension Fund and $155,000 for the Firemen's Pension Fund to be paid into a special reserve fund in order to maintain the unfunded liabilities of those two funds at their present levels. These contributions are to be placed in a special fund to protect Ironies contributed to the reserve fund in the event that the State legislature passed legislation that would partially or completely fund unfunded liabilities. These amounts are annual contributions and will need to be reviewed and approved by the City Council on an annual basis. Councilwoman Gray made a motion, seconded by Council- man Bowling to adopt Ordinance No. 1, 1978 on first ' reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED B. Ordinance Adopted on First Reading Appropriating $118,000 from the General Fund Unappropriated Surplus for the Contribution to the Employees' Retirement Fund Following is the City Manager's memorandum on this item: The City Council at its November 29, 1977, work session also reviewed the IInployees' Pension Fund with staff and Mr. McComb, FCA. Mr. McComb also recommended at that tun=_ an annual contribution of $118,000 over a 20-year period to be _paid into the City Ernployees' Pension Fund in order to completely amortize the unfunded liability. This amount is an annual contribution also and will need to be reviewed and approved by the City Council on an annual basis. 0 1 January 3, 1978 Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 1, 1111 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. w THE MOTION CARRIED C. Ordinance Adopted on First Reading Concerning the Use of Voting Machines at City Elections Following is the City Manager's memorandum on this item: City ordinances now require that voting machines be used at each City election. The special election on April 18 is only for the purpose of submitting an initiated ordinance and such an issue can better be handled through paper ballots than through voting machines. Therefore this ordinance is proposed to allow the City Council to authorize the use of paper ballots at City elections when appropriate. Councilman Bowling made a motion, seconded by Councilman Suinn to adopt Ordinance No. 3, 1978 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED D. Resolution Adopted Approving the Use of Paper Ballots at the Election of April 18, 1978 Following is the City Manager's memorandum on this item: Since the April 18 election will only consider the adoption of an initiated ordinance, the City Clerk has recommended that paper ballots be used instead of voting machines. This resolution will authorize these paper ballots at this election. Councilman Bowling made a motion,.seconded by Councilman Wilkinson to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 1 January 3 1978 RESOLUTION 78-4 OF THE COUNCIL OF THE CITY OF FORT COLLINS DETERMINING THAT THE SPECIAL CITY ELECTION TO BE HELD ON APRIL 18, 1978, SHALL BE CONDUCTED WITH PAPER BALLOTS AND NOT WITH VOTING MACHINES WHEREAS, a special City election has been called for April 18, 1978, for the purpose of submitting to the qualified electors of the City a proposed initiated ordinance; and WHEREAS, the submission of such an item can better be handled through paper ballots than through the use of voting machines and the City Clerk has therefore recommended that paper ballots be used at that election. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Clerk be, and she hereby is, authorized and directed to use,paper ballots instead of voting machines at the special City election to be held on April 18, 1978. Passed and adopted at a regular meeting of the City Council held this 3rd day of January, A.D. 1978. ATTEST i ity Clerk 10 1 January 3,. 1978 1 5. 1 E. Ordinance Adopted on First Reading Regarding the Appropriation from the General Fund for the Lemay Avenue Extension Following is the City Manager's memorandum and recom- mendation on this item: The City Council at its November 29, 1977, work session reviewed the Lemay Avenue Extension Project with City staff. At that work session the staff recoma--nded we proceed with the project as soon as possible utilizing a con- sultant for design purposes and funding the project from Unappropriated General Fund Surplus. The estimated cost of completing preliminary and final design for the project to be completed by the consultants is $120,000. The total cost of the project will be more accurately projected upon completion of the consultants' work in the latter part of 1978. Recomuendation: The Administration recommends passage of the attached appro- priation ordinance appropriating- $120,000from General Find Unappropriated Surplus for the preliminary and final design of the Lemay Avenue Extension Project. Councilmembers spoke to concerns that funding for outside consultants or for consulting engineers might best be used to strengthen or develop in-house staff. City Manager Arnold stated he would report back on Council's concern on this item. Councilwoman Gray made a motion, seconded by Councilman Bowling to adopt Ordinance No. 4, 1978 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: Councilman Russell. THE MOTION CARRIED A. Spring Creek Interim Flood Hydrology Report Adopted Following is the City Manager's memorandum and recommendation on this item and the memorandum from the Director of Engineering Services: 11 January 3, 1978 this report was prepared by Resource Consultants, Inc., at the request of the Storm Drainage Board to establish the flood flows along Spring Creek channel. The information included in this report will be used by City staff for the review of designs and new development along the Creek until a final plan for Spring Creek is completed with a cost benefit analysis. This report was reviewed by the Stone Drainage Board and was recommended for adoption on an interim basis at the December 15 meeting. Recommendation: The Administration recom ends that the city Council adopt the Interim Flood Hydrology Report for Suring Creek and authorize the Enaineerina Services Department to use the report as the basis for establishing the required channel for Spring Creek. is k�Y*kic�Fic**�F*k�Y�F>Y*�'c**ic�Y* "Resource Constultants, Inc. of Fort Collins (formerly Bittinger and Associates) has completed a summary report on flood hydrology for Spring Creek within the City. The report establishes flood flows at four points along Spring Creek: 1. Colorado and Southern Railroad 2. Stover Street 3. Lemay Avenue 4. Timberline Road This is in addition to flows previously established at Shields Street, Drake Road, Taft Hill Road and farther west. The flood flows are based upon a 100-year storm on the Spring Creek watershed, and the addition of the flow from a 25-year storm for the westerly portion of the City. The purpose of this study was to establish flood flows for the Spring Creek channel for design purposes in connection with new development along the Creek. This plan is intended to be an interim plan for the 100-year flood channel (including an assumed 25-year flood flow imported along the irrigation canals), until a cost - benefit analysis can be completed on the question of importation of water from the west portion of the City. Once the cost - benefit analysis for the canals is completed, the flood flows for Spring Creek can be calculated more accurately and a final plan adopted for Spring Creek. At this point, we are making a "best guess" that it will be economically justi- fiable to import the 25-year flood flow from the westerly portion of the City to Spring Creek rather than letting it flow through the older part of the City. The 25-year flood flow is approximately one-half the volume of water of a 100-year flood flow. 12 1 1 1 January 3, 1978 1 1 The Storm Drainage Board recommended adoption of this report by the City Council on an interim basis, at the December 15, 1977 meeting. This report is consistent with the Goals and Objectives of the Board for the Storm Drainage program." Director of Engineering Services Roy A. Bingman introduced Messrs. David Frick, Victor Weidman and Bruce Jones of Resource Consultants Inc. Mr. Frick spoke to Council's concern regarding the interim status of the report and the cost - benefit analysis. City Attorney March spoke to the staff's desire to have a policy on which to make future determinations. This policy would be changing the right of way from 200 ft. to 301 ft. along Spring, Creek. Councilman Wilkinson made a motion, seconded by Council- man Bowling to adopt the recommendation of the administra- tion. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED B. Proposal to Study Irrigation Canal Capacities for Storm Water Diversion Authorized Following is the City Manager's memorandum and recommendation on this item: This proposal is for a study which will analyze the New Mercer, Larimer County No. 2 and Pleasant Valley and Lake Canals on cost benefit basis for possible diversion of storm waters to Spring Creek. his analysis should be capleted before a final plan is prepared for storm drainage inprovements along Spring Creek. The estimated cost of the study is between $16,000 and $24,000, and would be charged against the Storm Drainage Program in the Seven -Year Capital Budget. This proposal has been reviewed by the Storm Drainage Board and they recarrrended that we proceed with the analysis of the canals. ReccmTendation: The Administration reconu ends that the City Council approve the expenditure listed above for the analysis of irrigation canals for storm water diversion to Spring Creek. 13 January 3_ 1978 Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt the recommendation of the administra- tion. Yeas: Councilmembers Bloom, Bowling, Gray, ' St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED C. Two Out -of -City Water and Sewer Requests Referred to the 1041 Steerine Committee Following is the City Manager's memorandum and recommenda- tion on this item: We have received requests from Troutman Fauns (Attachment A) and Trend Homes (Attachment B) to annex and provide City water and sewer in the former case and sewer only in the latter. Both were reviewed by the Water Board and found consistent with Water Board policy ---to serve them and annex them if we can to avoid a more serious long-range problem. The Water Board discussed at length the Urban Service Area Study and expressed concern. The Board does not want to have any adverse effect on that activity. But the Water Board felt the relationship of the Steering committee is to Council. They didn't think it proper to add their review as another bureaucratic hurdle. So the Board's recomendation is for service "all other things equal." While saying that, the Water Board recognizes that all other things are not equal but trusts the Council to act in the best interests of the Steering Committee and the Urban Service Area. Reccnniendation: In the interest of serving long-term concerns best, we recomnend referring both to the Steering Crnmittee. Councilman Russell made a motion, seconded by Councilman Bowling to adopt the recommendation of the administration. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED D. Ordinance Adopted as Amended Pertaining to Election Precincts and Polline Places City Attorney March informed Council that since the location of polling places had been established, the City has been advised that two changes need to be made; one is a change of location and one is an address change. 14 January 3, 1978 1 1 Councilman Suinn made a motion, seconded by Councilman Wilkinson to amend Ordinance No. 140, 1977 as follows: Change Precinct No. 1 Louck's Realty, 1475 North College Avenue to: Louck's Realty, 1415 North College Avenue Change Precinct No. 11 Fort Collins Community Pool, 417 South Meldrum Street to: Fort Collins Community Pool, 420 South Sherwood. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Councilman Bowling made a motion, seconded by Councilman Russell to adopt Ordinance No. 140, 1977 as amended on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED E. Policy for Alcohol at Lincoln Center Tabled to January 17, 1978 Following is the recommended policy from the administra- tion: POLICY FOR ALCOHOL AT LINCOLN CENTER Alcoholic beverages will be available at the Center under the following restrictions: 1. All laws of the State and City are fully complied with. 2. The sponsor of the event requests alcoholic beverages and agrees to the terms of our contract. 3. The contract specifies hours, areas of consumption, and service with the following limits: a. No advertising of alcohol is allowed. b. Sale of alcohol would only be to patrons of the event. C. No alcohol would be consumed in the Concert Hall. d. Alcohol would be available only one hour before and during intermission of fine arts events. e. The alcohol would only be sold by a concessionaire - 15 January 3, 1978 (1) Selected by competitive bidding. (2). Possessing a formal contract. (3) With prices approved by the City. I (4) With adequate security provided. (5) Properly licensed. 4. The City reserves the right to refuse service when- ever judged in the best interest of the Center. At City -sponsored fine arts events, alcohol would be sold only during intermission. For conventions or conferences, alcohol would be available -if requested add handled by a special contract in -keeping with the spirit of this policy and the needs of the event. Food and soft drinks would be a separate concession. The .City may terminate the contract of the concessionaire at any time this policy, any law, or other rules to imple- ment this policy are not fully complied with. C'i,T.T.T.T � T.T::SfET.41T.T.FS:� T.T:T T T.i:T:ESS Councilmembers spoke individually to the policy and made numerous recommendations which they desired to be included. At the conclusion of the comments Councilman Wilkinson ' made a motion, seconded by Councilman Bowling to refer this item back to staff with a report to be made on January 17, 1978. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Executive Session Authorized City Manager Arnold requested an executive session of the Council for the purpose of discussingland acquisition. Councilman Bowling, made a motion,seconded by Councilman Russell to go into executive session for the purpose of discussing land acquisition. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Mayor Bloom then announced the Council meeting was adjourned until 7:15 p.m. 16 1 January 3, 1978 8. City Manager's Report a. City Manager Arnold introduced Mr. -Don Deagle who has been hired as the City's new Assistant City Attorney. b. City Manager Arnold reminded Council of the Joint City Council/Housing Authority meeting, at the Housing Authority Offices on January 9, 1978. C. City Manager Arnold next announced a meeting on January 10, 1978 with the Farmers' Home Administration concerning outside city limits concerns at 1:00 p.m. at the Post Office building. d. City Manager Arnold stated the City had received a petition for paving West Stuart Street east of Taft Hill Road. Money is available in the budget to seal coat this area; completion is expected in April. 9. Council's Reports on Various Committees a. Councilman Wilkinson reported the 1041 Steering Committee will meet on January 5, 1977. b. Councilman Russell announced the Platte River Power Authority is now allowing citizen participation at work sessions. C. Councilwoman Gray inquired when 208 funding would be back on the agenda. Director of Water and Sewer Utilities Roger Krempel responded that this item has been addressed but he would review the resolution already passed by Council. d. Councilman Bowling reported the 208 study would be completed in February. Also the next meeting of the COG will be held January 11, 1978. 10. A. Resolution Adopted Making Appointments to Various Boards and Commissions Following is the City Manager's.memorandum and recommendation on this item: . 17 January 3, 1978 Due to resignations of nembers, vacancies currently exist on several of the various boards and emissions. These vacancies have been advertised through the news media, and the Council has received a sunmary report and copies of the applications simitted for these vacancies under separate cover. RPromnendation: The Administration recommends that the City Council review the applications submitted to them and determine who they wish to fill the existing vacancies on the listed boards and commissions. The Administration further recommends that, after the members have been chosen, their names be included in the proposed Resolution and that the Resolution be adopted. City Attorney March read the resolution at length. Councilman Wilkinson made a motion, seconded by Councilman Suinn to insert the names as read and adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED RESOLUTION 78-5 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAY.ING APPOIN'LMh3Ti5 TO VARIOUS BOARDS & OY4IISSIONS OF THE CITY OF FORT OOLLIrZ WHEREAS, vacancies currently exist on various boards and cminissions of the City because of resignations from board menbership; and WHEREAS, the City Council desires to make appointments to fill the vacancies which exist on the various boards and carrdssions. NOW, THEREFORE, BE IT RESOLVED BY = COUNCIL OF THE CITY OF FORT COLS, that the following named persons be, and they hereby are, appointed as members of the boards and commissions hereinafter indicated, with terms to expire as set forth after their names: NAME OF BOARD: Coordinating Commission for Senior Citizens Name Chester E. Hommon Eleanor P. Hoae Louie LaRoche NAM OF BOARD: Golf Board Name Ken Rivers 18 Expiration of Term July 1, 1978 July 1, 1980 July 1, 1981 Expiration of Term July 1, 1979 1 1 January 3,. 1978 NAt,E OF BOARD: Human Relations Cormission Name Expiration of Term Paul Simon Salas July 1, 1978 NAME OF BOARD: Library Board Name - Expiration of Term J. Don Morgan July 1, 1979 NAC OF BOARD: Planning 6 Zoning Board Names Expiration of Term Gary L. Spahr July 1, 1980 Passed and adopted at a regular meeting of the City Cg Mcil held this 3rd day of January, A.D., 1978. // ATPF,ST: Mayor City Clerk B. Appointment to Sister Cities Committee Following is the City Manager's memorandum on this item: Attached is a letter of resignation from Buford Plemmons, chairman of Sister Cities Committee. A member of the committee, Mrs. Merta Cook, has offered to serve as chairman. She has been very active with Sister Cities, and we feel this appointment would be appropriate. 19 January 3, 1978 Councilman Bowling, made a motion, seconded by Councilman Suinn to appoint Romerta (Merta) Cook to serve in the Sister Cities Program. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED C. Appointment to Joint Coordinating Council on Community Education Following is the City Manager's memorandum on this item: The working Plan for Community Education was approved by the City Council at a regular meeting on January 7, 1975. This Plan calls for a Joint Coordinating Council consisting of three persons appointed by the School District and three persons appointed by the City Council. The three members appointed by the Council and the dates their terms expire are as follows: Joyce Matles - December, 1977 Fran Thompson - December, 1978 Thm Frazier - December, 1979 Due to the expiration of the term of Joyce Matles, the City Council needs to appoint a new member. The joint coordinating council has recomnended that a City Council mem>er be appointed to fill this vacancy. Councilman Russell made a motion, seconded by Councilman Wilkinson to appoint Councilwoman Gray to the Council. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Members Appointed to Joint Fort Collins -Loveland Study Committee Mayor Bloom stated he wished to recommend the appointment of Councilmembers Bowling and St. Croix to the Joint Fort Collins -Loveland Study Committee. Councilman Wilkinson made a motion, seconded by Council- man Russell to appoint Councilmembers Bowling and St. Croix to the Fort Collins -Loveland Study Committee. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 20 0 January 3, 1978 11. A. Brown Farm, Fifth Filing, Preliminary Plan Approved Following is the City Manager's memorandum and recommendation on this item: This is the preliminary plat for 80 single-family lots proposed as the fifth phase of the Brown Farm Subdivision, on 28 acres located on West Stuart Street between Taft Hill and overland Trail. Reoonvendation: The Administration recommends approval of the preliminary plat subject to the conditions of the Planning and Zoning Board recarnrendation for approval being addressed on the final plat. These conditions are: 1. Extension of Stuart Street to the west so it connects with Stuart Street in Trail West Subdivision when it develops. 2. Design the detention area, ditch right of way, and storm drainage easements to tie to eventual improvement of the Pleasant Valley and Lake Canal as.a storm drainage channel. Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt the recommendation of the administration. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None, (Councilman Russell out of the room.) THE MOTION CARRIED B. Brown Farm, Fourth Filing, Preliminary Plan Approved Following is the City Manager's memorandum on this item: This is the preliminary plat for 77 single-family lots proposed as the fourth phase of the Brown Farm Subdivision, on 30 acres located on the north side of Drake Read, west of Taft Hill Road. The Planning and Zoning Board reconmended unanimous approval of the preliminary plat subject to detention area being indicated on the final plat. Staff also added the reccmTendation that this plat be approved subject to improvement of the north side of Drake Road (with sidewalk) between Taft Hill and the Fourth Filing. This can be addressed on the final plat. 21 c January 3,. 1978 Councilman Wilkinson stated he preferred to have a full street developed rather than a half of the street. Councilman Russell made a motion, seconded by Council- man Wilkinson to approve the Brown Farm Fourth Filing, Preliminary Plan subject to the conditions recommended by staff. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED C. Ordinance Tabled on First Reading Rezoning Property Known as the Chenoweth, Smith, Sibelrud South College Rezoning Following is the City Manager's memorandum on this item: This request concerns .83 acre located in the 1300 Block of South College. The request is to rezone from R-L (Ina Density Residential) to B-L (Limited Business). However, the request has been verbally amended to request R-H (High Density Residential). The Planning and Zoning Board unanimously recoamended the R-H zone as the best of the choices available. The Board recommendation also stipulated that entrances and exits be as follows:. 1. 1318 and 1312 South College shall have one curb cut for an entrance. 2. 1304 should not have an entrance from College. 3. 1318 and 1312 shall exit from the paved rear alley. 4. The City should vacate the easement for Buckeye Street between the alley and College. Staff would also like to recommend that the Certificate of Occupancy not be issued until the above stipulations are complied with. The Planning Report attached discusses this in detail. It shows that the R-H zone is a sound recommendation for the area, preserving its character as well as %.,e can, yet allowinq a more appropriate use. Attorney Tim Hasler, representing the three property owners, stated the rezoning aspect is no longer terribly controversial; new covenants have been negotiated with area residents which now proport to support the petition. He further requested that the rezoning not be tied to eliminating one of the two curb cuts. 22 January 3, 1978 Assistant City Attorney Liley stated that clarification of previous Council comments was in.order, specifically ' that there are two existing curb cuts under two separate ownerships serving two pieces of property. The staff recommendation is that the owners combine the use of one curb cut. Director of Planning Les Kaplan stated site plan review in the R-H zone would allow the looking at uses in zones. Councilwoman Gray made a motion, seconded by Councilman Suinn to table Ordinance No. 5, 1978 on first reading until February 7, 1978. Yeas: Councilmembers Bloom, Gray, Russell and St. Croix, Nays: Councilmembers Bowling and Wilkinson. THE MOTION CARRIED (Secretary's Note: This item was considered again at the end of the meeting and tabled to the January 17, 1978 meeting.) D. Oakbrook II, P.U.D. Preliminary Plan Approved Following is the City Manager's memorandum and recom- mendation on this item: ' Oakbrook II is a proposal for 100 units of elderly housing on a site adjacent to the existing Oakbrook Apartments building. The attached memo from the Planning Department discusses in detail the relatively minor conditions of the staff. The Planning and Zoning Board recommendation for approval was unanimous. Elderly residents of Oakbrook I are strongly in favor of this project, citing social advantages of having another 100 units of elderly housing right next door. The location of this building is in between Oakbrook I and Windn ll Apartments. If this project is not approved for elderly, it will later develop as some other kind of multi -family. Elderly housing has much less intensity of use than does conventional. The attached letter from the applicants responds to the social and procedural concerns raised by Council on HUD projects. Recommendation: The Administration recommends approval of the preliminary plan of Oakbrook II P.U.D. subject to the conditions of the Planning and Zoning Board recommendation for approval being addressed on the final plan. 23 January 3, 1978 conditions are: L Submission of legal documents like those for Oakbrook I ' providing for additional parking as indicated on the plan if the project ever converts to conventional use. 2. Relocation of Stanford drivewav entrance. ?. fy_,slgn of fire lanes for peoestrian use. Mr. Gordon Mickelson with American Development Corpora- tion spoke to the demand, design and impact of this project. The Resident Manager of Oakbrook I stated there were 171 persons on the waiting list and several residents of Oakbrook I spoke in support of the Oakbrook II P.U.D. Councilman Bowling made a motion, seconded by Councilman Russell to adopt Oakbrook II, P.U.D., Preliminary Plan subject to the conditions as proposed by the staff. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 12. A. Creger Plaza Subdivision, Preliminary Plan Tabled to January 10, 1978 Following is the City Manager's memorandum on this item: This is the preliminary plat of a proposal for 13 commercial lots of varying sizes located on 21 acres at the southwest corner of Horsetooth Foad and South College Avenue. The major points which should be noted by the Council concerning this proposal are: 1. The Urban Service Area Steering committee has considered the proposal and recar ends that it be tabled. 2. The street pattern is consistent with the policy of pro- viding a frontage road along South College Avenue as well as continuation of an interior north -south local street. 24 1 January 3, 1978 3. A raised median in the middle of South College Avenue t should be installed (by the City) opposite the proposed access to the frontage road from South College Avenue. 4. To avoid confusion, none of the interior north -south local streets which have been referred to in the past as extensions of Mason Street should actually be named Mason Street. The attached memo from the Planning Department discusses the first three of these points, and the mno from the Engineering Services Department discusses the third. Also attached is a su7trary of the City Council's November 22 work session dis- cussion of a street pattern for this vicinity. Revised Recommendation: This item is going back to the Steering Committee on January 5, 1978, because the tabling action may cause a hardship and not have any effect on the Urban Service Area Study. Representatives of the City and water district met and agree. A letter from Tom Hays and Duane Davis is attached. So we recommend everything as stated, except that it should be tabled until the January 10, 1978, adjourned meeting. This will allow the Steering Committee another review. ' Following is the memorandum from.Senior Water & Sewer Engineer Tom Hays: "Representatives of the City of Fort Collins Water and Sewer Utility, the Fort Collins -Loveland Water District, and the South Fort Collins Sanitation District met with the developers of Creger Plaza and Park South on December 28th to discuss concerns on providing water and sewer service to these develop- ments. It was mutually agreed that the City of Fort Collins should provide water and sewer service to Creger Plaza, and that Fort Collins -Loveland Water and South Fort Collins Sanitation Districts should provide water and sewer service to Park South. In that these developments have proceeded with plans and have made tentative agreements with the respective Districts and the City prior to the initiation of the Urban Service Area Study, we feel that approval of service as stated above would not jeopardize the intent nor limit the effectiveness of the ongoing Service Area Study. We therefore request the steering committee accept the recom- mendation presented, and so advise their respective governing bodies of their recommendations." 25 January 3, 1978 Mr. Reid Rosenthal spoke in opposition to the delay or tabling of this item, specifically since the interim policy stated that items which had been I submitted and/or approved prior to the formation of the steering committee be allowed to "follow their approval paths." Councilman Russell made a motion, seconded by Councilwoman Gray to table the Creger Plaza Subdivision Preliminary Plan to January 10, 1978 and refer the matter to the 1041 Steering Committee. Yeas: Council - members Bloom, Bowling, Gray, Russell,St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED B. Ordinance Adopted on First Reading Rezoning an Area Known as the Shepherd- Buckingham Rezoning Following is the City Manager's memorandum on this item: This is a rezoning request for 3.81 acres of land from R-M (Medium Density Residential) to I-G (General Industrial). The attached report from Planning details the issues and the concerns of the petitioner, neighbors, Planning and Zoning Board, and staff. Basically, it shows there is no data to justify any particular zoning at present. The staff is working on a comprehensive study of the area but that's two months awayent. ' So this becoms one of those gray issues that Council must use its judg on. (Judgment is sarething elected officials are supposed to use to make the right decision when there are no facts.) The petitioner wants I-G but would accept I-P. The neighbors want I-P. The staff suggests I-P as a nice transition ---if we can't wait for the study. The Planning and Zoning Bird split ---two wanting to wait and four going for I-P. Both an I-G and an I-P Ordinance are attached. Mr. Leon Shepherd, petitioner, stated that while he would agree to I-P zoning he felt he was entitled to I-G zoning as when he had purchased this ground it was purchased under the assumption that it was zoned I-G and his assumption was verified by his attorney. Since that time, he had proposed to sell the land, only to discover that the property was zoned R-M, Medium Density Residential. 26 1 January 3,. 1978 Attorney Charles Unfug, representing the Buckeye Land and Livestock Company, stated they owned the land immediately north of this parcel and they are. in the same situation. They have no opposition to the rezoning and intend to file a petition for rezoning of their property. City Attorney March spoke to the history of the meetings held when the area was rezoned from I-G to R-M. Councilman Russell made a motion, seconded by Councilman Bowling to adopt Ordinance No. 6, 1978 on first reading zoning the area to I-P. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. -Nays: None. THE MOTION CARRIED C. Ordinance Denied Rezoning the Wheeler -Brown Farm Following is the City Manager'-s memorandum and recommendation on this item: This is a proposal to rezone 18.13 acres located north of West Stuart Street and East Ross Court from R-L (low Density Residential District) and R-P (Planned Residential District) to R-L-M (Loa Density Multi -Family District). ' This rezoning was requested to enable this area to be developed in the same light as the adjoining Stadium Heights property. Previously Council expressed concern over extensive multi -family development occurring in the proximity of Overland Trail. The Planning and Zoning Board unanimously voted for denial of the Wheeler -Brawn Farm Rezoning for two reasons: 1. Adequate justification to change the zoning was not presented. 2. The provisions for P.U.D. development on the larger portion as originally planned are more desirable. There was no one present to represent the petitioner. Councilwoman Gray made a motion, seconded by Councilman Bowling to deny Ordinance No. 7, 1978. Yeas: Council - members Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell out of the room.) THE MOTION CARRIED 27 A January 3, 1978 E. Amendment of K-Mart.Plaza P.U.D. Denied Following is the City Manager's memorandum and ' recommendation of the administration on this item: This is a request for an additional curb cut on South College Avenue at K-Mart Plaza in the area between the World Savings and Loan Building and the McDonald's Restaurant. As the attached memo fran the Planning Department indicates, this proposed curb it is unnecessary and undesirable from a traffic standpoint. Moreover it would .ndermine the layout of the plan for developent of this site which was approved by the City Council in August and which is oriented towards internal circulation rather than towards South College Avenue. The Administration, Planning and Zoning Board, and City Council have repeatedly indicated that no additional curb cut onto South College Avenue would be permitted at this location. ;e,=,mendation: 'pie Adninistration recomrends that the proposed ammemdnent to allot a curb cut be denied. No one was in the audience to represent the petitioner. Councilman Wilkinson made a motion, seconded by Councilman Suinn to deny the amendment to K-Mart Plaza P.U.D. Yeas: Councilmembers Bloom, Bowling, Gray, I St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell out of the room.) THE MOTION CARRIED F. Trail West Subdivision Preliminary Plan Tabled to January 10, 1978 Following is the City Manager's memorandum and recom- mendation on this item: This is a proposal for 62 multi -family lots on 18.4 acres located on Overland Trail at West Stuart Street. This preliminary plan was first showed to Council at the November 1st meeting. Council at that tune voted unanimrously to table action for the following reasons: 1. Water pressure problems at the site needed to be resolved. 2. Until staff could prepare a report on the possibility of down -zoning the site. KE 11 January 3, 1978 The attached rrieno fran the Planning Department contains information cn the above ' c,,,o items plus a description of proposed modifications to the original site plan presented to Council on No\nnber 1st. The Planning and Zoning Board recormended conditional approval subject to staff concerns. 'These concerns have been met. The big issue is the Urban Service Area. The Steering Committee reconmended unnninnusly not to approve this until the water issue for the larger area is resol%':d. we have worker] lord to avoid do:inq anything to jeopardize that coop- erative effort. r rne: t on: iae recommend tabling of Trail west SUbd.ivision Preliminary Plan. Director of Water and Sewer Utilities Roger Krempel spoke to the water pressure problem at the site. Petitioner Tom Dougherty spoke to the water question which had been addressed when the area was annexed. Also speaking for the petitioner was Mr. Dennis Pack who stated approval was desired as quickly as possible as the petitioner was seeking a H.U.D. Solar Demon- stration grant for this project. Mr. Bill Duff from CSU explained what was involved inthe solar project. The grant is to be submitted on January 11, 1978. Councilman St. Croix made a motion, seconded by Councilman Bowling to table the Trail West Subdivision Preliminary Plan to January 10, 1978 and refer this item back to the 1041 Steering Committee. Yeas: Councilmembers Bloom, Bowling, St. Croix, Suinn and Wilkinson. Nays: None. (Councilmembers Gray and Russell out of the room.) THE MOTION CARRIED 14. Other Business Ordinance Tabled on First Reading Rezoning Property Known as the Chenoweth, Smith, Sibelrud - South College Rezonine 29 r January 3, 1978 City Attorney March stated this item had been tabled to February 7, 1978. The owners of the property had met with staff and both parties are recommending this item be placed on the January 17, 1978 agenda. Councilman Wilkinson made a motion, seconded by Councilman Bowling to change the date to which this ordinance is tabled and have it back on the agenda on January 17, 1978. Yeas: Councilmembers Bloom, Bowling, St. Croix, Suinn and Wilkinson. Nays: None. (Councilmembers Gray and Russell out of the room.) THE MOTION CARRIED D. Ordinance Tabled on First Reading Rezoning, the Property Known as the Hamilton -West Mulberry Rezoning The Planning staff reported that the Attorney for the petitioner had requested this item be deferred to the end of the meeting or until he could be present. Councilman Wilkinson made a motion, seconded by Councilman St. Croix to table Ordinance No. 8, 1978 to January 17, 1978. Yeas: Councilmembers Bloom, St. Croix, Suinn and Wilkinson. Nays: None. (Councilmembers Bowling, Gray and Russell out of the room.) Other Business ' Access Easement Purchase Authorized Following is the memorandum from Capital Improvements Coordinator Pat Polifka: Pursuant to Council's decision on December 20, 1977 to purchase the Leisure Park Site contingent upon obtaining an access easement to the park site from Del Clair Road, I have negotiated with the property owner and have arrived at the following proposal. The current owner, Faith Realty Co. of Fort Collins, who owns lots 90 and 91 in Thundermoor Estates which adjoins the park site have agreed to grant a 3 foot r. 115 foot easement on each lot with the following stipulations: 30 1 January 3, 1978 (1) Compensation for the easement on each of the two lots of $750 ' each,or a total of $1,500. (2) Install a 6 foot high fence on both sides of the access path. (3) Install plantings on each side of the path for the first 15 feet from the Del Clair Road street entrance. (4) Install a permanent hard surface on the access path and maintain the path. The proposal agreed upon by the owner for the two easements is slightly above the average easement cost. However, the cost is not considered out of line since the owner will not be able to use the easement property, the easement property will be used by the public, and the effective lot widths will be reduced for locating improvements on the lot. Considering all the factors involved, I feel the City is getting a fair deal and the proposal should be presented to Council on January 3, 1978 for action. City Manager Arnold stated this item had been considered at executive session. ' Councilman St. Croix made a motion, seconded by Councilman Wilkinson to authorize the purchase of the 6 foot access easement from Faith Realty for $1,500. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 13 Adjourn Regular Meeting of January 3rd to January 10, 1978 Mayor Bloom declared the mee 1978 at 1:30 p.m. The meeti ATTEST: l % City Clerk 31 l r adjourned to January 10, s ,�Idjylurned at 11:00 p.m.