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HomeMy WebLinkAboutMINUTES-12/19/1978-Regular' December 19, 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 Tuesday, December 19, 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. Absent: None. Staff Members Present: Arnold, Deibel, Bingman, Harmon, Waido, Polifka, Bott, Wood, Lee, Deagle, Mabry, Hays, Ruggiero, Liley and Lewis. 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 cal- endar is to allow Council to spend its time and energy on more important items.) The Consent Calendar presented was as follows: 3. CONSIDER APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 21, 1978. 4. SECOND READING OF ORDINANCE NO. 114, 1978, RELATING TO THE APPROPRIA- TION OF FUNDS FOR EXPENDITURE DURING 1978. This Ordinance passed unanimously on first reading at the December 5 Council meeting. It increases the appropriation of the General Fund, the Capital Improvement Fund, the Equipment Fund, the Transfort Fund, and the Revenue Sharing Fund in order to implement the 1978 revised Budget. Staff recommends approval. 5. SECOND READING OF ORDINANCE NO. 119, 1978, RELATING TO THE TELEPHONE UTILITY OCCUPATION TAX. This ordinance passed unanimously on first reading at the December 5 Council meeting. It provides a formula whereby $ .50 per account per month is charged for telephone utility occupational tax rather than ' a flat fee as in the past. Staff recommends approval. -lh�;- December 19, 1978 6. CONSIDER CERTAIN DEEDS AND EASEMENTS. ' Staff recommends that Council accept and approve the following: A. An easement across Tract B, Cedar Village, First Filing for storm drainage, bicycle path, pedestrian path and installation, operation and maintenance of utilities. Consideration: $10. B. A 20-foot easement across Southside Baptist Church property for installation and maintenance of Horsetooth Water Line. Consideration: $550. C. An easement across the Troutman, Collopy, Pexton property for Warren Sewer Trunk Extension. Consideration: $10. U. A standard right-ot-way agreement with C&S Railroad for Warren Trunk Sewer crossing. Consideration: $500. 7. CONSIDER PRELIMINARY AND FINAL PLAN OF PRESTON-KELLEY SUBDIVISION. This is a proposal to develop 158.14 acres north of Harmony Road and east of County Raod k9. This is a request to subdivide into a one - lot subdivision the parcel of land which is the Fort Collins facility of the Hewlett-Packard Company. All requirements have been met. Staff ' recommends approval. 8. CONSIDER FINAL PLAN OF GREENBRIAR P.U.D. This is a proposal for 199 dwelling units on 79.5 acres zoned "R-L-P" located on Willox Lane at Lemay Avenue. The applicants have met all conditions addressed on the Preliminary Plan. Staff recommends approval. The ordinances presented for adoption on second reading were read by title by City Clerk Verna Lewis as follows: 4. Second Reading of Ordinance No. 114, 1978, Relating to the Appropriation of Funds for Expenditure During 1978. 5. Second Reading of Ordinance No. 119, 1978, Relating to the Telephone Utility Occupation Tax. Councilman St. Croix made a motion, seconded by Councilman 14il- kinson, to adopt and approve all items on the Consent Calendar. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Mays: None. THE MOTION CARRIED. ' -150- December 19, 1978 Ordinance Tabled on First Reading ' Amending the Code Relating to Parkin Following is the City Manager's memorandum on this item "At the December 12 Work Session, Council discussed amending this Ordinance addressing the problems of businesses using the on -street parking for business purposes. The City Attorney's office has amended this Ordinance per Coun- cil's direction. Staff recommends approval." Mayor Suinn stated he understood there had been a request to have this item taken out of order. City Attorney Liley stated there had been a number of calls since the Work Session on this Ordi- nance, which prohibits parking for purposes of later repairing the vehicle, from property owners who feel this would adversely impact their businesses. The staff feels the impacts have not been fully investigated, therefore, the staff is recommending tabling of this Ordinance for 30 days. City Attorney Liley further stated there were a number of people in the audience who would prefer not to make statements tonight ' if Council is willing to table this Ordinance and have staff meet with them and bring it back. Councilman Russell made a motion, seconded by Councilman Wilkin- son, to table this Ordinance, No. 125, 1978, to January 16, 1979. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Plays: None. THE MOTION CARRIED. Ordinance Adopted on Second Reading Relating to Payments in Lieu of Water Rights Following is the City Manager's memorandum on this item: "This Ordinance passed unanimously on first reading at the Decem- ber 5 Council meeting. This Ordinance increases the current value for a cash -payment in lieu of water rights from $1,200 to $1,600. Subsequent to the first reading of this Ordinance, Staff received a letter from Gene Fischer, Attorney -at -Law, who suggests that the City Council only refer to "current market value" rather than setting a definite amount. December 19, 1978 The Water Board has considered this possibility on several oc- casions. The Board does have some problems with it. Staff feels that Mr. Fischer's memo should be brought to Council's attention. Staff recommends adoption." Councilmembers inquired who would set the rates if they were not set by Ordinances; if twice a year was sufficient time to make increases; whether the City is in fact losing money in not charging market rates; and whether the Water and Sewer staff had the flexibility to recommend changes when the market changed. Councilman Bowling made a motion, to adopt Ordinance No. 115, 1978 cilmembers Bloom, Bowling, Gray, Nays: Councilman Russell. THE MOTION CARRIED. seconded by Councilman Bowling, on second reading. Yeas: Coun- St. Croix, Suinn and Wilkinson. Ordinance Adopted on Second Reading Prohibiting Smoking in Certain Public Places Following is the City Manager's memorandum on this item: "This Ordinance passed unanimously on first reading at the Decem- ber 5 Council meeting. This Ordinance, in essence, prohibits smoking areas. However, any establishment may elect not to be covered by this Ordinance merely by posting signs to the effect that separate non-smoking areas are not provided. Staff recommends adoption." City Manager Arnold stated Council has received a number of letters both pro and con on this issue. The following persons spoke in support of the passage of the Ordi- nance: 1. Pauline Franz, 420 Circle Drive 2. Donna Winter, 1712 Clearview Court 3. Jesse Ault, 1405 Shamrock 4.' Chet Ellenberger, 527 South Bryan 5. Larry Odgaard, Volunteer for Fort Collins Cancer Society 6. Donna North, Smoking Control Office Facilitator for Larimer County 7. Shirley Lindquist, representing American Lung Association of Colorado 8. Dr. Sherwood, Director of Larimer County Health Department -152- December 19, 1978 ' Councilman Bloom made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 116, 1978 on second reading. Yeas: Coun- cilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on Second Reading Creating and Establishing Street Lighting Improvement District No. 5 Following is the City Manager's memorandum on this item: "This Ordinance passed unanimously on first reading at the Decem- ber 5 Council meeting. This District is located on Prospect Street between Robertson Street and Lemay Avenue extending westerly to the area of Circle Drive. The total cost is $10,517. There was an inconsistency in one of the attachments relating to front footage assessments and this amendment is simply to bring it into line with the other assessments Council passed at the last meeting. Staff recommends adoption." ' Councilman St. Croix made a motion, seconded by Councilman Russell, to adopt Ordinance No. 117, 1978. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Resolution Adopted Relating to the Holding of Executive Sessions by Urban Renewal Authority Following is the City Manager's memorandum on this item: "As discussed at the December 5 Council meeting, the City Attorney's office has revised the Ordinance permitting the Urban Renewal Au- thority to hold executive sessions regarding the following: 1. For meetings with attorneys representing the City or the Urban Renewal Authority pertaining to legal matters. 2. To consider real property acquisition. Staff recommends approval of this Resolution." -153- December 19, 1978 Councilman Bloom stated, for the record, that he would oppose ' the resolution because he felt it was premature. Councilwoman Gray made a motion, seconded by Councilman Bowling, to adopt the Resolution. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: Councilmen Bloom and Suinn. THE MOTION CARRIED. Resolution Adopted, Adopting Rules and Regulations for the Operation of Municipal Cemeteries Following is the City Manager's memorandum on this item-: "The City presently has two sets of cemetery regulations. One set is for Grandview Cemetery which was approved in April of 1973; the other for Roselawn Cemetery which was approved in April of 1975. We are consolidating the regulations into one document and making a number of minor changes to up -date the regulations. The highlights of these changes are as follows: 1. We have made some small organizational changes concerning ' the operation of monetary matters within the City organ- ization. 2. There will no longer be Saturday morning funerals except on those Saturday mornings preceding or following a Holiday. 3. We have clarified our disinternment policy. 4. We have developed a policy concerning the buy-back of grave spaces. 5. We have made some changes to our monument policy. 6. We have also added a provision for emergency operations at the cemetery. Funeral Directors have reviewed the documents and concur with these regulations. Staff recommends approval." -154- 1 December 19, 1978 Councilman Russell stated for the record, "an obvious conflict exists", and requested he be excused from participation or v9te on this item. Councilman Bloom reminded the administration of the need to re - look at some of the contracts on lots purchased on which pay- ment has not been received. The administration responded this study is under way. Councilman Wilkinson made a motion, seconded by Councilman St. Croix to adopt the Resolution. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Russell out of room). THE MOTION CARRIED. Resolution Adopted Establishing and Revising Fees to be Charged at the Municipal Cemeteries Following is the City Manager's memorandum on this item: "Each year, we look at our rates at the cemeteries as with other fees through- out the City organization and make necessary changes. These changes have been reviewed with the Funeral Directors of the community who appear to be in agreement concerning the majority of these recommended changes. As noted below, we have adjusted a number of fees at the cemetery operation. Present Proposed Structure Structure GRANDVIEW Adult Grave . . . . . . . . . . . . . . $ 190.00 $ 210.00 Perpetual Care . . . . . . . . . . . . . $ 50.00 $ 50.00 ROSELAWN Adult Grave . . . . . . . . . . . . . . $ 150.00 $ 150.00 Perpetual Care . . . . . . . . . . . . . $ 50.00 $ 50.00 Indigent Grave . . . . . . . . . . . . . $ 20.00 $ 10.00 Perpetual Care . . . . . . . . . . . . . $ 40.00 $ 50.00 Infant Grave . . . . . . . . . . . . . $ 20.00 $ 00 Perpetual Care . . . . . . . . . . . . . $ 20.00 $ 50.00 Cremains Grave . . . . . . . . . . . . . $ 00 $ 25.00 Perpetual Care . . . . . . . . . . . . . $ 00 $ 50.00 -155- December 19, 1978 Open and Close Adult . . . . . . . . . . . . $ 125.00 $ 200.00 Crypt . . . . . . . . . . . . . . . $ 115.00 $ 140.00 Indigent . . . . . . . . . . . . . . $ 125.00 E 125.00 Infant . . . . . . . . . . . . . . . $ 40.00 $ 55.00 Creami ns . . . . . . . . . . . . . . $ 50.00 E 55.00 Extra Saturday Charge . .. . . . . . . .$ 125.00 * No Saturday Morning Funerals (See Below) Present Proposed Structure Structure Disinterment Adult . . . . . . . . . . . . . . . $ 250.00 $ 300.00 Infant . . . . . . . . . . . . . . . $ 125.00 $ 150.00 Cremains . . . . . . . . . . . . . . $ 50.00 $ 50.00 Tent . . . . . . . . . . . . . . . . . . $ 7.50 $ 10.00 Lowering Device . . . . . . . . . . . . $ 4.50 $ 5.00 Border and Foundation Charges Minimum . . . . . . . . . . . . . . $ 20.00 $ 20.00 210" - 2' 10.. . . . . . . . . . . . . $ 30.00 $ 30.00 340" - 311011 . . . . . . . . . . . . $ 40.00 $ 40.00 4'0" - 4' 10" . . . . . . . . . . . . $ 50.00 $ 50.00 510" - 5' 10" . . . . . . . . . . . . $ 60.00 E 60.00 610" - 6-10.. . . . . . . . . . . . . $ 70.00 $ 70.00 710" - 7' 10" . . . . . . . . . . . . E 80.00 $ 80.00 8'0" - 8' 10" . . . . . . . . . . . . $ 90.00 $ 90.00 910" - 9' 10" . . . . . . . . . . . . $ 100.00 $ 100.00 Vase . . . . . . . . . . . . . . . . . . $ 12.50 $ 20.00 Bronze Medalion . . . . . . . . . . $ 5.00 $ 5.00 Remove Foundation . . . . . . . . . . . $ 25.00 $ 25.00 The new rates will enable the cemeteries to operate at a general fund subsi- dy rate of about 34%. If these rates were not increased, the subsidy from the general fund would be about 44%. Staff recommends approval. *There will be no Saturday morning funerals except on those preceded or followed by a Holiday.`' -156- 1 December 19. 1978 ' Councilmembers inquired into the need to subsidize the cemetery operations, and their desire for an annual review of fees. Cemetery Sexton, Rick Bott, responded that the City of Fort Col- lins did not charge perpetual care fees in a timely manner, there- fore, they have had to subsidize the operation; .fees will be reviewed on an annual basis. Councilman -Bloom made a motion, seconded by Councilman Bowling, to adopt the Resolution. Yeas: Councilman Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Russell out of room). THE MOTION CARRIED. Ordinance Adopted on First Reading Amending the Code Relating to the Firemen's Pension Fund Following is the City Manager's memorandum on this item: "This Ordinance would increase the contribution rate of both the City and its firefighters to the Firemen's Pension Fund from 6% to 7% annually. This increase is consistent with Senate Bill No. ' 46 which was discussed with Council during the 1979 Budget hearing. The City's firemen have approved this increase by vote. Staff -recommends approval." Councilman Wilkinson made a motion, seconded by Councilman Bowl- ing to adopt Ordinance No. 120, 1978 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Amending the Code Relating to the Policemen's Pension Fund Following is the City Manager's memorandum on this item: "This Ordinance provides for an increase from 6% to 7% on the part of both the City and its police officers to the Policemen's Pension Fund. This increase is consistent with the legislation concerning pension funding as contained in Senate Bill No. 46. An election will be held by the police officers to ratify this amount before the end of the year. I Staff recommends approval. -157- December 19, 1978 Councilman Bowling made a motion, seconded by Councilman Rus- sell, I to adopt Ordinance No. 121, 1978 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted as Amended on First Reading Amending the Code Relating to the Purchasing Division Following is the City Manager's memorandum on this item: "Staff is requesting three changes to this Section of the Code. All reference to "The General Administrative Services Department" is deleted and "Finance Department" is sub- stituted therefor. This section will be consistent with the present limita- tion on "sole source" purchases. Presently, we must bring sole source purchases to Council if they exceed $10,000 in value. We are recommending making the emer- gency procedures consistent with that Ordinance. Present departments can approve open market purchases up ' to $50 without going through Purchasing. The Finance De- partment wants to increase this to $200 giving departments more responsibility. Finance estimates a savings of 60% of clerical work on purchases under $200. We will be bringing other purchasing changes to Council for Char- ter amendment consideration in the coming months. Staff recommends approval." City Attorney Liley stated the staff, at this time, would like to have Council adopt only Section 3 of the proposed ordinance. The reason for not wanting.to go ahead with the other provisions, is that a number of Charter amendments are being proposed. City At- torney Liley spoke further to the desire of the staff to have Sec- tion 3 adopted prior to December 31, 1978. Councilwoman Gray made a motion, seconded by Councilman Wilkinson, to amend the title to read "Ordinance No. 122, 1978, being an Or- dinance Amending Section 2-65 of the Code of the City of Fort Col- lins, relating to the division of purchases and the Purchasing Agent", and deleting sections 1 & 2, and change the section number from 3 to 1. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: Councilmen Russell and St. Croix. THE MOTION CARRIED. ' -158- December 19, 1978 ' Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 122, 1978, as amended on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: Councilmen Russell and St. Croix. THE MOTION CARRIED. Ordinance Adopted on First Reading Amending the Ordinance Relating to an Assessment Deferment Program for Single Family and Two -Family Dwellings Located Within the Downtown Improvement District No. 1 Following is the City Manager's memorandum on this item: "The recently approved Special Improvement District program is somewhat different than the General Improvement District in that it is an assessment deferment program. A one-time application and contract are processed in order to participate in the program. Pay back provisions are, however, the same as the General Improve- ment District requirements. It is estimated that 30 properties are eligible for the deferment program at a total project cost of $15,000. This Ordinance would change the pay back requirements and make them consistent with changes which were recommended in ' the General Improvement District Rebate Program. Again, we feel that the administration of these programs is made easier through these ordinance changes and they are fiscally responsible amend- ments. Staff recommends approval." Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 123, 1978 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Executive Session Authorized Councilwoman Gray made a motion, seconded by Councilman St. Croix, to adjourn into executive session for the purpose of discussing legal matters. Yeas: Councilmembers Bloom, Bowling, Gray, Rus- sell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. 1 -159- December 19, 1978 Citizen Participation ' A. Mayor Suinn presented plaques of appreciation to represen- tatives of H.W. Rogers and Associates, and Sterling Sand and Gravel Company in recognition of their generous donation of land to the City's Poudre Trail System. B Mayor Suinn then read, at length, commendations for police officers Chuck Cross, Donn Hopkins and Ray Martinez for their recent efforts in subduing a person who had held police of- ficers at bay, threatening suicide. C. Police Chief, Ralph Smith, acknowledged receipt of a commen- dation presented to Police Officer Wayne Hall for 100,000 accident free miles. D. Mr. Moe Mekelburg, 2620 SE Frontage Road, spoke in support of the Fort Collins Police Department and of their efforts in returning over $20,000 of stolen merchandise back to him. E. Police Officer, Jim Warren, President of the Fort Collins, Lodge No. 3, of the Fraternal Order of Police, presented a position paper to the City Council requesting that Council adopt wage scales recommended for officers by the Police Department staff. The position paper also outlined various requests having to do with workloads and personnel strengths. City Manager's Report ' A. Settlement of Claim on Wastewater Treatment Plant #2 Construction Project. Following is the City Manager's memorandum on this item: "On February 10, 1976, the City executed a contract with Barcelt Construction Company for the remodeling of Wastewater Treatment Plant n2. An express provision of that contract was that the plant must have been operational as of June 1, 1976, with construction fully completed on July 1, 1976. Although the plant was operational as of June 1, the construction was not even substantially complete until November 4, 1976. -160- 1 December 19, 1978 ' Consequently, the City took two actions. First, it clamed approximately $20,000. in liquidated damages against the general contractor and secondly, it withheld the final payment due to the general contractor (approximately $22,000.) to satisfy any further liquidated damages which the City might have or, in the alternative, to satisfy any verified claims which could be filed on behalf of third parties who had supplied goods and services to the project. The City did, in fact, receive a lis pendens filed on behalf of one of the sub- contractors on the project, Utility Control Corp., asking the Ci.cy to withhold $26,000. which it claimed was due from a subcontractor of the general contractor. At this point the City, after claiming $20,000. in liquidated damages against the general contractor, is holding approxin!Ztely $2.2,000. which could be used to satisfy outstanding cl.aics. Neither of the two subcontractors of Bargelt have been fully paid. One of the subcontractors, Ut.i.lity Control Corp., filed suit against the general contractor, another subcontractor (Arrow Contracting), and the bonding company to recover the amount it claimed was oe:ing to it for work performed on the treatri:ent plant. We met with all of the parties, along Faith their legal. ' counsel, for many hours to go over the entire history of the Wastewater Treatment Plant and attempt to sort out the equities among the parties. In the discussion it was felt by all parties that the City and the city's agent, CH2b1 Hill, probably were liable to uti.l.i.ty Control. Corp. for some owner -furnished equipment which did not work properly. Utility Control had to send some people up to the plant and spend approximately three days of time proving that the equipment which they had installed was adequate and that the problem was with the owner. -furnished equipment. We felt this was a separate issue and offered to settle with Utility Control for the amount of time that they had lost with this problem. This worked out to be approximately $1500. The general and the subs wanted the City to forgive one month's liquidated damages ag,linst the general, Bargelt. This would have amounted to approximately $4500. and Bargelt could then have settled with his sub who in turn could have settled with its sub. Roger and I and the representative from CH2id Hill discussed this and decided that it was not acceptable since the liquidated damages which had been assessed were all legitimate and there was no reason the City should be in a position of contributing an extra $4500. so that the general could settle his claims with the two subcontractors. December 19. 1978 After taking into account the fact that the City had earn.rd approximately 8'. interest for a two year period on the $21,897. which was reL s.n rl on Lhe conLr.ic.L (over $3,000.), it was decided to propose a settlement as follows: $21,897. - Retainage key the City ocr d to Bare-elt 3,600. - PaymenL from the City representing 1) Settlement of $500. on the $1.500 claim of Utility Control Corp. against the City; 2) $2100. of the $3600. of interest on the ret:-iinaue. 1'0"AL $25,497. from the CiLy to PargelL (Of this total, $14,497. will. be paid by Bargelt to Utility Control Cocp. Arro-.r Contracting will then pay Utility Control $7,500. for a total of $21,597. tc Utility Control. to satis_y its $26,000. claim.) Since the City is only out $500. on this settlement, and the $500. is only a third of. the total. amount of the claim of Utility Control Corp. against the City and CH M Hill, we feel that this is a good settlement and would lR e to get Council approval at its Tuesday night meeting so that we can release the retainago and finally get this project terminaLeJ." City Attorney Liley stated the settlement would involve the City snendin2 $3,600 to pay the outstanding claims on the project. Councilwoman Gray made a motion, seconded by Councilman Bowling, to authorize the Settlement of Claim on Wastewater Treatment Plant #2 in the amount of $3,600. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. B. City Manager Arnold then reported on the Land Use Plan Advisory Group whose makeup is as follows: 1 2 3 4 5 Northern Colorado Resources Council George Wallace Chamber of Commerce Vic Meline Builders and Developers Reid Rosenthal Associated Students of Lee Roberts General Population Ward Fischer and Howard League of Women Voters Colorado State University Alden and Representative from the - Carolyn Haase -162- 1 1 1 December 19, 1978 6. Colorado State ' Charles Revier 7. Local Planning Bob Komives 8. County Planning Larry Timm 9. The Bankers of Larry Wall University Staff Member Firm Member Staff Member Fort Collins Report from City Council Members on Committees A. Councilman Bowling stated he trusted the City Manager had received a letter from Mayor Bill McNicols on behalf of the City of Denver,concerning Air Quality, as he had been ap- pointed by the Council of Governments to represent the Coun- cil of Governments, and requested that the Fort Collins City Council appoint another member to represent the City. Council, by acclimation, confirmed that Councilwoman Gray will represent the City of Fort Collins. B. Councilman Bowling reported further that the Nominating Com- mittee of the Council of Governments had met and their report ' will be presented in February. The Nominating Committee had made the following nominations: 1. Chairman - Irma Princic,Councilwoman from Greeley 2. Vice Chairman - Tom Noack, Councilman from Loveland 3. Secretary/Treasurer - Representative from the Board of County Comissioners from Larimer County. C. Councilman Russell reported on the Platte River Power Authority meeting, at which the recommendations of TEI Environmental Impact Study were acted on. Councilman Russell also reported that Councilman St. Croix had been his guest at the last Platte River Power Authority meeting, and he intended to in- vite the remainder of the Council to attend various meetings during the year. D. Councilman St. Croix reported that the Corridor Committee would be considering a revised contract with Curtis Smith, for the remainder of the Corridor Study. E. Councilman Bowling reported that the Council of Governments, through their A95 review had denied a request to have an ex- pansion at Stapleton Airport in the Larimer Weld Region and felt that the City of Fort Collins be mindful of proposals which would increase air traffic over the City. ' -163- December 19, 1978 Resolution Adopted Recognizing I Frank Johnson for His Service to the City and Community Mayor Suinn stated Council had copies of the resolution, which goes along with a nomination made by Radio Station "KIIX" to Channel Nine, for the "Nine Who Care" award. Councilman Bloom made a motion, seconded by Councilman Bowling, to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE 140TION CARRIED. Ordinance Adopted on First Reading Assessing Cost of Improvements in Street Improvement District No. 71 Following is the City Manager's memorandum on this item: "This item was tabled at the December 5 Council meeting to this date since it is a public hearing and the weather was very bad deterring any public participation. This District is located along South Taft Hill Road from LaPorte I Avenue to Prospect Street and on Springfield Drive from Taft Hill westerly 270 feet. Construction cost for the project totaled $332,611.51. Total City cost for the project is $174,830.40. The Council previously passed a Resolution accepting the Improve- ments and scheduled a hearing for this date on the proposed assess- ment role and giving a property owner a credit of $812.55. We have changed the assessment role to reflect that credit. If Coun- cil disagrees with the rationale behind the credit, we need to amend the Ordinance. Staff recommends approval." Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 118, 1978 on first readine. Yeas; Councilmembers Bowling, Gray, Russell. St. Crni_x, Suinn An.! TdlUiPson. 1 Nays: Councilman Bloom. THE MOTION CARRIED. -164- December 19, 1978 Ordinance Adopted on First Reading Annexing Property Known as the Ken - Mark Annexation Following is the City Manager's memorandum on this item: "This is a proposal to annex 60.46 acres located at the north- west corner of the intersection of Horsetooth and Taft Hill Road. The requested zoning is "R-L-P," Low Density Planned Residential. At its November 6 meeting, the Planning and Zoning Board re- commended approval of the Petitions for Annexation and Zoning to "R-L-P," subject to the Petitioners receiving adequate water to service the site. Staff feels that the annexation of this property may be premature at this time. Approximately 40% of the unincorporated territory in the southwest quarter of the City is either vacant and/or un- developed. This property is the first annexation south of Drake Road, north of Horsetooth Road, and west of Taft Hill Road, creat- ing a settlement pattern which could overburden the existing ur- ban services. The City, at the to service the subject property pressure limitations. Staff is ability to service the area wit Staff recommends denial." h Director of Planning and Development, Chuck Mabry, spoke to the Planning and Zoning Boards recommendation for approval, subject to the petitioner receiving adequate water service to the site, and subsequent information which has now caused the staff to also recommend approval. He outlined the City's "Blue Line" beyond which the City would have limited ability to serve. Mr. Les Kaplan, representing the petitioner identified the area in question and spoke in support of the annexation. Councilmembers spoke in favor of and opposition to the annexation, and Councilman Bloom inquired what effect this annexation would have on negotiations with the districts. Tom Hays of the [dater and Sewer Department, stated there is sewer service one mile away from this site and also spoke of the meet- ing with Mr. Dwayne Davis of the District in which the District had agreed, in concept, with proposals to work out areas such as this for the benefit of both the City and the Districts. -165- December 19, 1978 Councilman Bowling made a motion, seconded by Councilman Bloom, ' to adopt Ordinance No. 126, 1978. Yeas: Councilmen Bowling, Russell, St. Croix and Wilkinson. Nays: Councilmembers Bloom, Gray and Suinn. THE MOTION CARRIED. Ordinance Adopted on First Reading Zoning Property Known as the Ken - Mark Annexation Following is the City Manager's memorandum on this item: "This is a proposal to annex 60.46 acres located at the north- west corner of the intersection of Horsetooth and Taft Hill Road. The requested zoning is "R-L-P", Low Density Planned Residential. At its November 6 meeting„ the Planning and Zoning Board recom- mended approval of the Petitions for Annexation and Zoning to "R-L-P", subject to the Petitioners receiving adequate water to service the site. Staff recommends denial of this Ordinance based on their decision in the preceding item." ' Director of Planning and Development, Chuck Mabry, then stated the recommendation of the staff is for "R-L-P" zoning as requested by the petitioner. Councilman Bowling made a motion, seconded by Councilman Russell, to adopt Ordinance No. 127, 1978. Yeas: Councilmembers Bloom, Bowling, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Annexing Property Known as the Harmony- Lavaux Annexation Following is the City Manager's memorandum on this item: "This is a proposal to annex .86 acres located approximately one-half mile east of College Avenue on Harmony Road and bor- dered on the north and east by the Landings. The requested zoning is "R-H," High Density Residential. At its November 6 meeting, the Planning and Zoning Board recom- mended approval of the Petitions for Annexation and Zoning sub- . ject to the following conditions: -166- December 19, 1978 ' 1. That only non -retail uses be allowed. 2 That access be limited to one curb cut only. Staff recommends approval of the Annexation Ordinance." Chuck Mabry spoke to the recommendation of the Planning and Zoning Board that this petition for annexation and zoning be approved conditioned upon: 1. That only non -retail uses be allowed, 2. That access be limited to one curb cut, and the staff further recommends that, 3. A requirement be added that their be site plan review and, 4. That the buildings proposed to house the non -retail uses be residential in character and design,to blend with the design characteristics of the "Landings". Mr. Lester Kaplan, 528 South Howes, representing the petitioners, spoke to the "predicament" of this particular property. 1. This is the smallest tract of land on the north side of Harmony Road. 2. It is bounded to the North and East by property already annexed and planned. 3. It is bounded to the West by developed property, where there is no present incentive for annexation. 4. It fronts on Harmony Road where the City has required the type of berming and landscaping for residential developments, that if applied to this site, would make the front half of this site unusable. 5. Finally, .dater and Sewer Services are available to the site from the districts. Mr. Kaplan further stated that the petitioner has received word from the County Planning Staff that they would be supportive of "T" Tourist zoning on the property which would allow for office development. The petitioner has agreed to limit the uses to professional offices, he has agreed to limit access to one curb cut, where presently there are two and he will agree to site plan review. Councilman Wilkinson inquired if the petitioner objected to the condition that the non -retail uses be residential in design. Mr. Kaplan responded he had discussed this with the petitioner "and I guess it all depends on what we mean by residential character, if we are talking about shutters and flower pots and eagles over the doorway, yes, but I think a higher quality appearance, some- thing which blends in with the residential character of the 1 -167- December.19, 1978 "Landings," to the point that a subjective evaluation of that is t not unrealistic, yes,we do accept that as a condition." Councilmembers stated they found it difficult to discuss the annexation without also considering the zoning on the property. Councilman Wilkinson made a motion, seconded by Councilman Rus- sell to adopt Ordinance No. 128, 1978 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Zoning Property Known as the Harmony- Lavaux Annexation Following is the City Manager's memorandum on this item "This is a proposal to zone .86 acres located approximately one- half mile east of College Avenue on Harmony Road and bordered on the north and east by the Landings. The requested zoning is "R-H," High Density Residential. At its November 6 meeting, the Planning and Zoning Board recom- mended approval of the Petition for Annexation and Zoning sub- ject to the following conditions: 1. That only non -retail uses be allowed. 2. That access be limited to one curb cut only. If Council agrees on the above provisions and approves this Or- dinance on first reading, we will bring a contract back to Coun- cil at the time of second reading. Staff feels that "R-L-P," Low Density Planned Residential, would be more compatible with surrounding uses in the area. Staff recommends denial of the "R-H," High Density Residential zoning but recommends approval of the Harmony Road-Lavaux Annex- ation being zoned "R-L-P," Low Density Planned Residential. Council again considered the zoning requested for the area, the conditions for the contract and the desire of Council to review the site plan. -168- 1 December 19, 1978 ' Councilman Bowling stated the contract on the zone should include the following: 1. That only non -retail uses be allowed, 2. That access be limited to one curb cut, 3. That there be site plan review, (Council had expressed a desire to review the site plan) and, 4. That the building proposed to house the non -retail uses be residential in character. (Architectural Review) Councilman Bowling made a motion, seconded by Councilman St. Croix to adopt Ordinance No. 129, 1978 on first reading. Yeas: Councilmembers Bloom, Bowling, Russell, St. Croix, Suinn and Wilkinson. Nays: Councilwoman Gray. THE MOTION CARRIED. Ordinance Denied Annexing Property Known as Fourth Foothills Annexation Following is the City Manager's memorandum on this item: "This is a proposal to annex 3.89 acres located west of Overland Trail and beyond the Westgate Subdivision. The requested zoning is "R-M," Medium Density Residential. ' At its November 6 meeting, the Planning and Zoning Board voted unanimously to recommend denial of the annexation request. Rea- son for the Boards recommendation is as follows: 1. There are unresolved water problems in the area, speci- fically the inadequate water pressure to properly ser- vice this area. 2. The request is premature. This request does not conform to the intent of the adopted Foot- hills policy adopted by the Council on July 19, 1973. The Plan- ning and Zoning Board has suggested that the Foothills policy be studied for possible re-evaluation in light of this proposal. Staff recommends denial of this Ordinance." Director of Planning and Development, Chuck Mabry, stated that at the Planning and Zoning Board meeting the Board had recommend- ed denial because of the unresolved problem of water service to the site. Subsequent to that meeting the City of Fort Collins had reached a tentative agreement with the [Jest Fort Collins/ Loveland Water District to provide water pressure to that area. 1 -169- December 19, 1978 Attorney Ramsey Myatt, representing the petitioner, reviewed , the history of the area, commencing with the initial plan, which was approved by the City in 1971, and his contention ChaL the Foothills policy does not apply to this site. Attorney Myatt also reported that the land in question was not suitable for any other purpose but development. Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to deny Ordinance No. 130, 1978 on first reading. Yeas: Councilmembers Bloom, Gray, St. Croix, Suinn and Wilkinson. Nays: Councilman Russell. (Secretary's Note: Councilman Bowling had left the meeting at this time.) THE MOTION CARRIED. Ordinance Not Considered Zoning Property Known as Fourth Foothills Annexation Since the Annexation of this property had been denied, the zon- ing Ordinance was not considered by the City Council. Preliminary Plan of Cunningham ' Corners, P.U.D. Approved Following is the City Manager's memorandum on this item: "Council is familiar with this proposal which was originally annexed to the City in September of 1977 and zoned "T," Transition. Zoning for the site was approved by the Council in February of 1978 with 12.4 acres of "H-B," Highway Business Conditional Zoning, on the corner of Shields and Horsetooth; and 26.8 acres of "R-P," Planned Residential Zoning, to the remainder of the site. The conditions on the use of the "H-B" zoned parcel pertain to the limitations of uses to those of a regional recreation complex with accessory use. A contract Rezoning Agreement was approved in May of 1978 which is attached to this memo. The Preliminary Plan for development of this 40 acre site was first considered by the Planning and Zoning Board at its of November 6. The Board continued its hearing on the proposal to its November 20 Special Meeting. At that time, it voted 4 to 2 in favor of the Plan. This approval was subject to the following conditions being met: That traffic circulation improvements be made to the Preliminary Plan. -170- 1 December 19, 1978 2. That open space adjustments be considered in the Plan. 3. That the final site plans be submitted for Planning and Zoning Board's review. Since the November 20 Planning and Zoning meeting, the Petitioner has revised his Preliminary Plan. The major changes to this Plan include: The consolidation of two buildings along Horsetooth Road into a single 13,000 square foot building adjacent to the other principal uses on the site. 2. The provision of additional active recreational areas adjacent to the apartment condominium buildings at the southeast portion of the site. Staff feels that the consolidation of the commercial uses into more of a com- plex unit improves the integration of commercial and residential uses on the site and strengthens the pedestrian orientation of the Plan by making the commercial pedestrian plaza more functionable. The Plan could still be improved by including within the pedestrian plaza the neighborhood commercial uses which are still proposed next to Shields Street. Despite this, it is felt that the revisions as shown on the revised Plan do answer sufficiently the Staff's concern over the lay -out of the "H-B" area. The original zoning of "H-B" provided for "regional recreational uses," as committed by the developer. Council may need to satisfy itself that the pro- posed uses meet the concerns expressed by Council at earlier discussions. Staff recommends approval of the revised Preliminary Site Plan as indicated subject to the conditions of the Planning and Zoning Board's recommendation. 04.r^_ctor of Planning and Development, Charles Mabry, stated there is a current Version, Version "C" which has not been seen by the Planning and Zoning Board, which addresses a number of the concerns and problems that staff had in Versions "A" and "B", also a number of concerns that the Planning and Zoning Board had with those versions. The staff recommendation is for approval of Version "C". Mr. Mabry stated that Council should satisfy themselves that the uses, indicated on this site, are consistent with the conditional zoning of Highway Business which Council had approved. Mr. Charles Mayhugh, CRM Architect, representing the owner, stated there was no problem with the Planning and Zoning Board reviewing the final plan, and see:no problem with the following techni- cal comments: -171- December 19, 1978 3. Other (More Technical). Comments. , A. Traffic Circulation a. R.O.W. for street connection to the east should be dedicated on final plat; b. H-B development should participate in cost of signalizing inter- section at Shields and Horsetooth; c. Acceleration/decelleration lanes and bus stops will be reviewed on . final utility plans; d. Internal pedestrian circulation should be tied into sidewalk/bikeways along arterials on final plan; B. Open Space. Technical comments in addition to general layout comments above are: a. The potential for reducing the size of the H-B parking lot should be examined. (This might also create potential for additional open space adjacent to apartment area.) b. R.O.W. for street connection to the east should not be counted as permanent open space. Active open space figures should be revised to exclude this as well as several other small areas which would not technically qualify. C. Landscape Treatment. Final landscape plan should indicate: . a. Layout, internal and exterior landscaping, and lighting for miniature golf course; b. Additional tree plantings in some areas along the arterial, in the multifamily area, and in some open space areas, and in H-B parking lot (existing trees to be preserved in the latter if feasible); The only other item which Mr. Mayhugh addressed was, "(3.F.. Apart- ' ments. Final item plan should indicated buildings in the apart- ment area with a relatively high degree of variety in exterior treatment (facade, rooflines, appertenances and other architect- ural details)." He felt this was unrealistic to design struc- tures where building envelopes are provided. Councilmembers indicated their desire to have the Pianning and Zoning Board review the Final Plan. Councilman St. Croix made a motion, seconded by Councilman Wil- kinson to approve the Preliminary Plan of Cunningham Corners, P.U.D. (Version "C"). Yeas: Councilmembers Bloom, Gray, Rus- sell, St. Croix and Wilkinson. Nays: Councilman Suinn. THE MOTION CARRIED. -172- December 19, 1978 Ordinance Adopted as Amended ' on First Reading, Amending the Code Relating to Placement of Fences Following is the City Manager's memorandum on this item: "For some time, a great number of people living on corner lots have called the City requesting permits for fences in front yards in order to alleviate the problem of people cutting across their lawns. The Code currently says that in all districts a fence can not be within 75 ft of the centerline intersection of the two streets. The only recourse for these people then is to allow them to apply for a variance which is costly and time consuming for both the City and the resident. This amended Ordinance allows these people to place a fence in the front yard without regard to setback so long as it is not taller than 42 inches and is made of split rail. Additionally, a hedge, not exceeding 32 inches in height may be used. The purpose of both limitations is for site distance safety. Staff recommends approval." ' Councilmembers inquired into the requirement for "split rail" fencing, as other material, such as picket fences or other mater- ial might be as suitable. This item, was deferred and brought back for action, after the dinner break. This item was then taken up again at the conclusion of the meet- ing. Councilman Bloom made a motion, seconded by Councilman St. Croix, to amend Ordinance No. 124, 1978 by adding "if over 32" inches in height, in the first of the Ordinance, after the word "and", and before the word "shall" and deleting the phrase at the end of the sentence "thereof, so as not to obstruct vision." Yeas: Councilmembers Bloom, Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Gray out of Room). rouncilman St. Croix ?Wade �. motion, seconded by Councilman Wilkin- son,to adopt Ordinance No. 124, 1978 as amended on First Reading. Yeas: Councilmen Bloom, Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Gray out of room) THE MOTION CARRIED. ' Adjournment The meeting was adjournment at 10:00 p.m. -173- a ATTEST: 2 City Cler December 19, 1978 -174- r