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HomeMy WebLinkAboutMINUTES-02/06/1979-Regular' February 6, 1979 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, February 6, 1979 at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Absent: None. Staff Members Present: Arnold, Deibel, Gionfriddo, Krajicek, Balok, Davis, Nolte, Bingman, Lanspery, Straayer, Harmon, Lee, Deagle, Mabry, Wood, Ruggiero, Krempel, Liley and Lewis. Agenda Review: Citv Manager ' City Manager Arnold presented a review of the agenda. He noted the following changes: 1. Item, No. 6 should be removed from the agenda as it is a First Reading, 2. There is a request to table Items 7 and 8 relating to animal control, 3. No. 13 should be removed from consent for comment, 4. There is a correction to Item No. 20 relating to light and ventilation, 5. There is a new City Manager's memorandum for Item No. 28 relating to pension funds, 6. No. 39 has been withdrawn by the developer. He further noted that there were three items of Other Business to be discussed: 1. The certification of the initiative petition by the City Clerk, 2. Discussion of the south water and sewer districts, 3. Resolution on the expressway. -238- February 6, 1979 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: Items on the Consent Calendar are: 1) Ordinances on second reading; 2) Those of no controversy; and 3) Routine administrative actions. This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. 4. APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF JANUARY 2 AND JANUARY 16 AND THE ADJOURNED MEETING OF JANUARY 17. 5. SECOND READING OF ORDINANCE NO. 9, 1979, INCREASING COMPENSATION FOR ELECTION BOARD MEMBERS. This Ordinance passed unanimously on first reading at the January ' 16 Council meeting. It increases the hourly compensation for Election Board members from $2.65 to $2.90 based on the increase of the minimum wage to $2.90 per hour. Staff recommends adoption. 6. SECOND READING OF ORDINANCE NO. 13, 1979, AUTHORIZING THE CITY ATTORNEY TO SET THE SALARIES OF THE ASSISTANT CITY ATTORNEYS. This Ordinance passed unanimously on first reading at the January 16 Council meeting. It designates the Assistant City Attorneys as nonclassified service employees and the City Attorney is author- ized to set their salaries. Staff recommends adoption. 7. SECOND READING OF ORDINANCE NO. 10, 1979, REPEALING AND RE-ENACTING CHAPTER 35 OF THE CODE RELATING TO ANIMALS AND INSECTS. On January 16, Council passed this Ordinance on first reading request- ing certain modifications. Subsequent to this time, the Humane Society has requested time to review this Ordinance; therefore, Staff recommends tabling second reading until February 20. ` -239- 1 February 6, 1979 ' 8. SECOND READING OF ORDINANCE NO. 11, 1979, AMENDING SECTION 118-81 OF THE CODE BEING A PART OF THE ZONING ORDINANCE RELATING TO ACCESSORY USES AND PETS. This Ordinance passed unanimously on first reading at the January 16 Council meeting. It is a technical change to the zoning ordinance being consistent with the revisions made to the Animal Control Ordi- nance. Staff recommends tabling this second reading until the Feb- ruary 20 meeting pursuant to the Animal Control Ordinance being tabled until the February 20 meeting. 9. AGREEMENT ON EXCHANGE OF WATER RIGHTS. J. Gale Moody made an offer to the City to exchange two shares of Water Supply and Storage Company stock for water certificates. The City has previously entered into a similar agreement with Moody in April, 1978. Staff recommends approval. 10. RESOLUTION APPROVING AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY FOR RIGHT-OF-WAY PURPOSES. This Agreement is necessary for the construction, maintenance, and operation of an underground power line across Union Pacific property and under said railroad track to provide electric service to the Collindale Industrial Park. Staff recommends approval. ' 11. 1978 ANNUAL REPORT FOR THE LIQUOR LICENSING AUTHORITY. As per code requirement, the Liquor Licensing Authority has prepared their annual report for 1978. Staff recommends approval. 12. HEARING AND FIRST READING OF ORDINANCE NO. 7, 1979, AMENDING CERTAIN SECTIONS OF CHAPTER 118 OF THE CODE BEING A PART OF THE ZONING ORDI- NANCE AND RELATING TO SIGNS. At the January 16 meeting, this Ordinance was tabled because Council wanted to see the Sign Code as it presently reads and a copy with proposed changes. Staff recommends tabling this Ordinance to the February 20 meeting to allow Council more time for review. 13. RESOLUTION APPROVING REQUEST FOR PRELIMINARY LOAN OF $4,400 FROM HUD. The Housing Authority has applied to HUD for $4,400 of preliminary loan funds to begin the process that will result in 22 housing units for elderly and handicapped individuals. Staff recommends approval. 1 -240- February 6, 1979, 14. RESOLUTION APPROVING REQUEST FOR PRELIMINARY LOAN OF $21,000 FROM HUD. The Housing Authority has applied to HUD for $21,000 of prelimi- nary loan funds to begin the process that will result in 42 family housing units. Staff recommends approval. . o 15. SOLE SOURCE PURCHASE FOR ALUMINUM SULFATE FOR WATER TREATMENT PLANTS. Purchasing recently opened bids for chemicals needed in 1979; aluminum sulfate being included. Allied Chemical Company is the only known source servicing our region. Staff recommends approval. 16. RESOLUTION APPROVING LEASE AGREEMENT FOR PROPERTY AT 228-230 LaPORTE AVENUE, KNOWN AS THE "POLICE ANNEX." The Lease Agreement on the Police Annex expires February 28, 1979. A new Agreement has been prepared. Staff recommends approval. The following items were withdrawn from the Consent Calendar: Item No. 6 Second Reading of Ordinance No. 13, 1979, Authorizing the City Attorney to Set the Salaries of the Assistant City Attorneys. Item No. 7 Second Reading of Ordinance No. 10, 1979, . Repealing and Re -Enacting Chapter 35 of the Code Relating to Animals and Insects. Item No. 8 Second Reading of Ordinance No. 11, 1979, Amending Section 118-81 of the Code Being a Part of the Zoning Ordinance Relating to Accessory Uses and Pets. Item No. 12 Hearing and First Reading of Ordinance No. 7, 1979, Amending Certain Sections of Chap- ter 118 of the Code Being a Part of the Zoning Ordinance and Relating to Signs. Item No. 13 Resolution Approving Request for Preliminary Loan of $4,400 From HUD. The Ordinance presented for adoption on second reading were as follows: 5. Second Reading of Ordinance No. 9, 1979, Increasing Compensation for Election Board Members. -241- Councilman Bowling made a motion, seconded by Councilman Bloom, to adopt and approve all items not withdrawn from the Consent ' Calendar. Yeas: Councilmembers Bloom, Bowling, Gray, Rus- sell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Authorizing the City Attorney to Set the Salaries of the Assistant City Attorneys City Manager Arnold explained that there had been an error in publication and that this item was coming back on First Read- ing. Councilman St. Croix made a motion, seconded by Councilman Russell, to adopt Ordinance No. 13 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Repealing and Re-enacting Chapter 35 of the Code Relating to Animals ' and Insects and an Ordinance Amending Section 118-81 of the Code Being a Part of the Zoning__ Ordinance Relating to Accessory Uses and Pets - Tabled Until February 20 Councilmember Wilkinson made a motion, seconded by Councilwo- man Gray to table Ordinance 10 and 11 until February 20. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Amending Certain Sections of Chapter 118 of the Code Being a Part of the Zoning Ordinance and Relating to Signs Tabled Until February 20 Councilman Russell made a motion, seconded by Councilman Bowl- ing to table Ordinance No. 7 until February 20. Yeas: Coun- cilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. -242- February 6, 1979 Resolution Approvin Request for Preliminary Loan of 4,400 from HUD City Manager Arnold noted that the explantory memorandum t stated that this money was for rehabilitation when this was actually money for new construction on elderly and handicapped housing. Following is.the City Manager's memorandum on this item The Housing Authority has applied to HUD for $4,400 of preliminary loan funds to begin the process that will result in 22 housing units for elderly and handicapped individuals. This money would be used for site options, appraisals, a:d some initial architect fees. The loan funds advanced by HUD are repaid at the time of project completion as an allowable cost to the projent. The process to be follogod is to.locate aid purchase sites and construct new units. This project would provide critically needed housing for lav inoome elderly and handicapped persons. staff recommends approval. John McGraw, Community Services Director, addressed several questions from Council. Councilman Bowling made a motion, seconded by Councilwoman Gray, to adopt the Resolution as presented. Yeas: Coun- ' cilmembers Bowling, Gray, Russell and Suinn. Nays: Coun- cilmembers Bloom, St. Croix and Wilkinson. THE MOTION CARRIED. Councilman Bowling made a motion, seconded by Councilman St. Croix, to inform the Housing Authority that there will be no additional City funds available other than those obtained from H.U.D. Yeas: Councilmembers Bloom, Bowling, Russell, St. Croix, Suinn and Wilkinson. Nays: Councilwoman Gray. THE MOTION CARRIED. Ordinance Adopted on First Reading Amending the Uniform Building Code Relating to Sprinkler Systems Following is the City Manager's memorandum on this item: "As discussed with the Council at work session, the present Uniform Building Code requires buildings having floors used for human occupancy located more than 75 feet above the lowest level of Fire Department vehicle access are required by Code, to be compartmental or alternatively to have an ' -243- February 6, 1979 approved sprinkler system. This recommended Code change would require sprinklering and eliminate the alternative of compart- mentalization. We recommend this Code change for your consider- ation because: 1. The Fire Department does not have adequate staff to fight a fire in an unsprinklered highrise build- ing. 2. With the trade-offs permitted with the sprinkler system, the initial cost would be very nearly the same for either system. However, the long-term savings in insurance because of the sprinkler sys- tem would be significant. 3. We feel that sprinklered highrise buildings are much safer. Staff recommends approval." Councilman Wilkinson made a motion, seconded by Councilman Bloom, to adopt Ordinance No. 14, 1979, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED I Ordinance Adopted on First Reading Amending the Uniform Building Code Relating to Kitchen Ceiling Height Following is the City Manager's memorandum on this item: "As discussed with the Council at work session, the exist- ing Code requires a minimum of 7 feet 6 inches ceiling height for kitchens in residential occupancies. Many peo- ple wish to have suspended illuminated ceilings in their kitchens, but with standard construction, it is impossible to have such a ceiling and still maintain the 7 feet 6 inch head room. This Code change reduces the height requirement to 7 feet. Staff recommends approval." Councilman Bowling made a motion, seconded by Councilman Russell, to adopt Ordinance No. 15, 1979, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. 1 -244- February 6, 1979 Ordinance Adopted on First Reading Amending the Uniform Building Code Relating to Abolishment of Fire Districts t Following is the City Manager's memorandum on this item: "As discussed with the Council at work session, the concept of fire zoning has not kept pace with new trends in munici- pal planning. Originally, fire zoning or fire districting was intended to limit construction and uses so that fire would not spread from building to building over a large area of the City. The criteria used to establish fire zone areas generally dictates that the area of concern embraces highly concentrated built-up areas of commercial occupancies where the greatest possibility of conflagration exists. In prac- tice, however, establishing the fire zones does little to limit conflagrations since the mere application of the fire zone does not change the condition of the existing build- ings and such zoning is generally not applied until its need can be justified. In fact, the application of fire zoning in some cases has had a detrimental effect since it is of- ten not feasible to alter buildings and owners allow them to deteriorate and increase in hazard. Insurers have re- cognized that fire zoning or fire districting is not effec- tive and the Insurance Services Office no longer assesses penalty points if fire zoning is not applied. The proposed change recognizes that buildings constructed in ' accordance with the Code are limited in size and occupancy and where densely built up areas occur due to land values, the code requirements on type of construction come into play whether or not there is a fire zone. Where large one- and two-story buildings of low fire resistance are allowed by the Code, open spaces are required around those buildings and these open spaces would impede fire spread over large areas of the City. For the foregoing reasons, Staff recommends approval." Councilman Russell made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 16, 1979, 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 Uniform Building Code Relating to Light and Ventilation Following is the City Manager's memorandum on this item: "As discussed with the Council at work session, this Code ' change would permit the substitution of artificial light for natural light in basements. The rationale is that even if wi.n- -245- February 6, 1979 dows with adequate glazing area are installed in basement walls, they do not afford adequate natural light because, gen- erally, the major portion of the windows are located below grade. ' Secondly, the window wells can create moisture problems because they collect rain water and snow. Finally, many basement rooms were laid out in such a fashion that it is difficult to place a window in the exterior wall because it will fall in a patio area or an entry wall area or a garage area. Staff recommends approval." Councilman Bloom made a motion, seconded by Councilman Bowl- ing, to adopt Ordinance No. 17, 1979, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading. Authorizing Police, Fire, and Emergency Medical Personnel to Enter Private Residences without Invitation During Medical Emergencies Following is the City Manager's memorandum on this item: "At a recent Council worksession, Council requested that ' necessary police, fire and medical personnel be allowed to enter private residences during medical emergencies without invitation. City Attorney's staff has prepared an Ordinance .to address this concern. Staff recommends approval." Councilman Russell made a motion, seconded by Councilman Bloom, to adopt Ordinance No. 18, 1979, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Rezoning HCI-Mitchell/East Horsetooth Road Property Following is the City Manager's memorandum on this item: "This is a proposal to zone 10.0 acres located on the north- west corner of Plaza Drive and Horsetooth Road, from T-Tran- sition to BP -Planned Business. ' The Planning and Zoning Board and planning staff recommend approval of this rezoning. -246- February 6, 1979 Councilwoman Gray expressed her intent to vote against this ' rezoning as she objected to the gradual encroachment east on Horsetooth Rd. on the grounds that more commercial devel- opment added to the problem of services in that area. Councilman Bowling made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 19, 1979, on first reading. Yeas: Councilmembers Bloom, Bowling, Russell, St. Croix, Suinn and Wilkinson. Nays: Councilwoman Gray. THE MOTION CARRIED. Ordinance Tabled on First Reading Amending the Zoning Ordinance of the City by Changing the Zoning Classification for Certain Property Known as the Landings- Horsetooth Road Rezoning Following is the City Manager's memorandum on this item: "This is a proposal to rezone 2.2 acres located on Landings Drive at Horsetooth Road from "R-P" to "B-P." At their meeting on January 8, the Planning and Zoning Board recommended approval of the petition for rezoning to "B-P" on ' this site. The Staff, at the request of the Petitioner, is initiating a rezoning of a comparable sized parcel immediately south of this parcel from "B-P" to "R-P" that will provide the same mix of planned business and planned residential in this area. Staff recommends approval." Councilman Bloom asked that the record show he did not parti- cipate or vote on this item due to a possible conflict of in- terest. Councilman Wilkinson made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 20, 1979 on first reading.' Mayor Suinn stated that he was uncomfortable with this motion and asked for further staff comment. Chuck Mabry, Planning and Development Director, noted that the two parcels mentioned in the City Manager's memorandum will be considered separately. Mayor Suinn asked if there was any reason that this item could not be tabled and have the two items come back together. -247- February 6, 1979 ' Mabry replied that staff saw no reason to hold the first parcel up to await the second one. He noted that the developers had some early development plans for the first parcel and would like to be able to proceed and further noted that the second parcel would be coming to Council at the first meeting in March. Councilman Suinn made a motion, seconded by Councilman Rus- sell, to table Ordinance No. 20, 1979, on first reading until March 6, 1979. Lester Kaplan explained that the reason the developers would not like to see this item tabled, was'that the Fort Collins National Bank would like to begin their site planning on it and are unwilling to begin this until the property is in a' zone that will allow the use planned for the property. City Attorney Liley stated.that Council could not rely on zoning when the public hearings have not been held. She noted that Council could table the item or pass it on its merits but could not assume the second parcel will be zoned that way prior to the public hearings. The following is the vote on the motion previously made to table Ordinance No. 20, 1979. Yeas: Councilmembers Gray, Russell, St. Croix and Suinn. Nays: Councilmembers Bowling and Wil- kinson. (Bloom not participating) THE MOTION CARRIED. Viking I Subdivision Preliminary - Approved Following is the City Manager's memorandum on this item: "This is a proposal to replat 1.44 acres into four lots located at the intersection of Riverside and McHugh, zoned "I-G" and "B-L." There were two suggestions that the Petitioner agreed to meet on the final plan. 1. That the developer provide a commitment for landscap- ing along Riverside Avenue; and 2. That the developer place a covenant on Lots 1 and 2, requiring parking at one space per 200 square feet. Staff recommends approval." 1 -248- February 6, 1979 Councilwoman Gray made a'motion, seconded by Councilman Bowl- ' ing to approve the Viking I Subdivision. Yeas: Councilmem- bers Bloom, Bowling, Gray and Wilkinson. Nays: Councilmem- bers Russell and St. Croix. THE MOTION CARRIED. West Elizabeth - Taft Hill P.U.D. Preliminary Plan and Request for Approval of Variance - Approved Following is the City Manager's memorandum on this item: "This is a proposal for a four -lot commercial P.U.D. on 1.85 acres zoned "B-P," Planned Business, located at West Eliza- beth and South Taft Hill Road. The Petitioner is also re- questing a variance from the two -acre minimum for a P.U.D. At the January 8 Planning and Zoning Board meeting, the Board voted unanimously to recommend approval of the variance re- quest. The Board also considered the preliminary site plan and voted unanimously to recommend approval subject to a num- ber of conditions being addressed as noted in the Staff report. The major concerns of both the Staff and the Planning and Zon- ing Board concerning this project have been addressed by the applicant as noted in the Staff report. It is recommended that the preliminary plan be approved and that the Council approve the variance allowing for a P.U.D. development to take place on the 1.85 acre site." Councilwoman Gray questioned what happens if the developer agrees to conditions and then somehow doesn't produce what are the City's abilities to enforce these conditions? City Attorney Liley explained that typically there is a cov- enant that runs in favor of the City and the City can sue to enforce the Covenant provisions. The covenants are recorded documents so all future property owners have notice that these are conditions of development if they do not comply, the City has recourse against them. Councilwoman Gray made a motion, seconded by Councilman Wilkin- son, to approve Preliminary Plan and Variance. Yeas: Coun- cilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: Councilmembers Russell and St. Croix. THE MOTION CARRIED. -249- February 6, 1979 I Report Received on Pool and Ice Rink Project Following is the City Manager's memorandum on this item "The original Year Capital Program, adopted in 1973, was for an indoor rink and an outdoor pool. $550,000 was bud- geted for the rink and $200,000 for the pool. Today's cost for that package - if the pool is only 25 meters - is $1.5 * million. That amount is budgeted in the program, as reviewed by Council during budget hearings last year. The questions that need answering are: 1. What size pool do we need? 2. Whether the pool should be indoor or outdoor. 3. How we can best operate that pool in terms of cost and efficiency. 4. How we can finance what best fits the above. It might be useful to take a look at our present community pool and see how it's working. As you know, it's a 25 meter, U-shaped pool, with each leg of the U handling either shallow areas for lessons or deep areas for diving. Our present pool is not sufficient for all the learning activities that go on. ' The need at the school level is for an even larger pool for learning. In fact, we feel that the most efficient way to use a pool is to be heavily coordinated with the school system - hopefully obviating the need for the school system to build pools and therefore providing the cheapest service to the tax- payers. Another indication of need is our recent recreation survey, where the number one need in the community identified by those people surveyed was for pools. Then too, when you look at the purpose of pools, you find that the top three needs are re- creation, learning, and competition. That's pretty well simi- lar for gymnasiums, tracks, tennis courts, ice rinks, ball fields, and all other kinds of physical facilities with the exception of open space. Another point to consider is that a 25 meter pool without the U shape is only a neighborhood pool. That's smaller than the pools constructed recently in Wood West, Lexington Green, and other such subdivisions. It wouldn't seem to make a great deal of sense to build a neighborhood pool in a community center. Edora Park is a community park and the ice rink will be a com- munity rink. The pool probably needs to fit that same scale. * The City staff has projected costs of the facility at $2.2 million. -250- February 6, 1979 The hardest task and the most important task for City Coun- cil is to do what needs doing now as well as for the future.' Meeting tommorrow's needs with today's resources has always been the challenge in government. And there is no question but that a 50 meter indoor pool, or a 25 meter U-shaped in- door pool is our need for the future. As Council will recall, the original program has been completed except for this indoor rink and outdoor pool. We have always felt that our credibility was on the line to build what was originally planned for. It just so happens that the original planning didn't provide enough money to do what we really need to do. At least that is true given today's costs. It is important not to be penny-wise and pound-foolish, so if we can't do exactly what the original program called for, then we should fee to -use o use our judgment to do what we can do as well as we can, given economics and what meets our needs west. We could use debt financing for the increased cost of the pool. Council has been strong that it doesn't want to borrow money for physical facilities. Even though it would be very well justified in this particular case, that policy from Council is clear. That leaves us with the alternative of cutting back from the original concept in some way. It appears that the closest we ' can get to the original concept to build the indoor rink now, design the complex to include at least a 25 meter U-shaped indoor pool to be completed some time in the future when money is available. (The Council may want to commit to that add -on phase of the facility at the time that the sales tax extension is approved.) But as we on the staff look, at the information, to build a 25 meter outdoor pool would just not do anything on a community scale and would therefore be wasted money. Our architects, Hastings & Chivetta, and our construction manager, Reid Burton, Inc., have developed a number of alternatives and can talk about the cost of each of those. We've also held two public information meetings concerning the project, and have obtained a good deal of public input. Tom Frazier's report summarizing that input is attached. The architects, construc- tion manager, and project manager will attend the City Council meeting Tuesday and brief Council concerning the various al- ternatives and cost. It's likely that there will be a good deal of public input also. Council will need to decide which alternative to follow so that we can proceed with construction as soon as possible." -251 February 6, 1979 Tom Frazier, Recreation Superintendent, presented on oral ' report of the input received during the public forums and Mr. Brice Hastings, of Hastings and Chivetta explained the various alternatives the firm had explored, regarding pool configuration, and various design concepts for the pool and rink facility. The following persons spoke to the needs and the requirements for the Pool and Ice Rink and the impact such a facility will have on the adjacent property: 1. Peter Jacobs, President of the Fort Collins Ice Skating Association. 2. Ken Axelsen, 1413 Kenwood Circle 3. Jaak Vilms, 1500 Patton. 4. Dave Whitham, 3225 Moore Lane. 5. George Angleton, 521 Cornell. 6. Sharie Range, representing Amateur Athletic Union. 7. Bob Finley, Member Fort Collins Figure Skating Assoc. 8. Bob Lee, Chairman of the CIP Committee of the Chamber of Commerce. 9. Jessie Tompkin, representing the Fort Collins Ice Skating Association. 10. Jack Luther. 11. Cliff Stewart. City manager Arnold recommended that the Council defer decis- ion on this item until after the sales tax extension election, and retain the 1.5 million dollars now allocated, for that purpose. City Manager Arnold articulated what he understood was the Council's consensus was to "wait for the money and do a first class job," Councilman Bowling stated "I think that most of us would support the larger pool, given that the funds are there; City Manager Arnold then stated "the 50 meter pool, into the design, and indoor for both facilities." Mayor Suinn then declared the dinner break. 'Ordinance Tabled on First Reading Setting Rates for 1979 Contributions to Pensions Funds Following is the City Manager's memorandum on this item: "When the City Council adopted the 1979 Budget, they directed Administration to pay for 100% of the normal cost of the Police and Fire Pension Funds. Additionally, City Council included $210,340 in contingency for all Pension Contributions in or- -252- der to ensure that the normal cost be funded and any remaining money unfunded liabilities. Attached is pension cost for each pension plan interim salaries effective January present and proposed contribution pension plans is as follows: February 6, 1979 for 1979 salaries could could be used to pay the a table showing total in all funds based on 8, 1979. The City's rate for Police and Fire Present Rate Proposed Rate Fire Pension Plan 6.000% 19.11% Police Pension Plan 6.000% 17.15% These contribution rates were recommended by Tom McComb as a result of actuarial studies. The total 1979 City Bud- get will provide 100% financing of normal cost and 37% of unfunded liabilities. Staff recommends approval." Councilman Wilkinson made a motion, seconded by Councilman Russell, to adopt Ordinance No. 21, 1979 on First Reading. Councilman Bloom stated he would recommend tabling this Or- dinance for one month. Director of Finance, Ron Wood, spoke to the requirement of applying the reserves set aside in 1978 to the Police and Fire Pension Funds, and stated that Councilman Bloom had recommended, not applying the reserves in order to fund 100% of normal cost. Councilman Bloom ques- tioned whether the City should comingle pension funds as there is a possibility the state will make additional funds avail- able for this purpose. Councilman Bloom made a motion, seconded by Councilman St. Croix, to table Ordinance No. 21, 1979, on first reading to March 6, 1979. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Resolution Setting Rates for 1979 Contributions to Pension Fund Approved Following is the City Manager's memorandum on this item: -253- 1 February 6, 1979 ' When the City Council adopted the 1979 Budget, they directed Administration to pay for 100% of the normal cost of the General Employee Pension Fund. Additionally, City Council included $210,340 in contingency for all Pension Contributions in order to ensure that the nornal cost for 1979 salaries could be funded and any remaining money could be used to pay the unfunded liabilities. Attached is a table shoo-:ing total pension cost for each pension plan in all funds based on interim salaries effective January 8, 1979. The City's present and proposed, contribution rate for the General Employee pension plan is as folIo;VS: f Present Rate I Proposed Rate General Employee Pension Plan 6.312% 1 9.68% This contribution rate tras recommended by Torn McComb as a result of actua- rial studies. The total 1979 City Budget will provide 100% financing of normal cost and = of unfunded liabilities. Staff recommends approval." Councilman Bloom made a motion, seconded by Councilman Bowl- ing, to adopt the Resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. I THE MOTION CARRIED. Resolution Making Appointment to Cultural Resources Board Approved Following is the City Manager's memorandum on this item: "On January 9, Council appointed Charles Hagemeister to fill the vacancy on the Cultural Resources Board. Mr. Hagemeister informs us he is unable to serve as he is taking night classes this semester, but still would like to be considered for the Board after May. Therefore, Council needs to reconsider the applicants and appoint someone else to serve on this Board. Council has again received all applications under separate cover." -254- February 6, 1979 Council made the following appointment to the Board James R. Weitz Councilwoman Gray made a motion, seconded by Councilman Wil- kinson, to adopt the Resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Citizen Participation 1. Ms. Becky Doane, member of the ASCSU Senate passed out a copy of a resolution adopted by the senate concerning land use. 2. Steve Smith of Recycle Something requested that City Council support a Bill pending before the State Legis- lature regarding funding for recycling centers. Councilmembers discussed the possibility that.:: a letter of support for Recycle Something be drafted and that Council members call in their comments, after they have had an opportunity to read the bill. 3. Mrs. Pat Moore, received a proclamation proclaiming February 3 to February 10 as American Association of University Women Week. City Manager's Report (a.) City Manager Arnold reminded Council of a meeting with the County Commissioners on February 13, 1979 at 3:00 p.m. (b.) He then reported on the water line break on Loomis street, and the actions of the City Crews in re- pairing this break. (c.) City Manager Arnold then called Council's attention to a report on air quality prepared by assistant City Attorney Don Deagle. (d.) City Manager Arnold then reported that Water & Sewer Superintendent, Ed Hilgenberg has been hospitalized, and he thought Council might want to call, or stop and see him. -255- I Council Member's Report (a.) Councilwoman Gra) Committee of the held in February. February 6, 1979 reported on the Policy Colorado Municipal League (b.) Councilwoman Gray then reported on the Council of Governments meeting at which the airport issue was discussed. (c.) Mayor Suinr reported the Urban Services report which was presented to the Steering Committee had voted ,to accept the report. (d.) Councilman Bloom stated the next four or five items on the agenda had prompted him to recall a staff recommendation that plans, and zoning items, be brought to Council without a lengthy list of conditions. He felt Council was spending a dis- proportionate amount of time on these conditions. He further recommended that if there are conditions on either item, that these conditions be addressed either by a letter by the owners of the property or an officer of the corporation representing the item stating their agreement to the conditions. Councilman Bowling recommended perhaps an hour should be set aside at a work session for discus- sion of preliminary plans. Councilwoman Gray in- quired into the enforceability of the conditions imposed by City Council. Councilman Russell also stated he would like to have a work session on items with conditions. Councilman St. Croix also stated he was concerned about the length of Council meetings. Councilman Wilkinson stated he had no problem in reviewing the preliminary plans at a work session, but remind- ed Council that conditions are placed on the pre- liminary plan and they should be corrected on the final plan. Mayor Suinn stated that some of the meet- ings with other bodies are beyond Council control, and then spoke to his thinking on preliminary plans. He did support the work session for review of pre- liminary plans. City Manager Arnold stated he felt the comments helpful and the Administration will come back with recommended changes based on the comments made. 1 -256- February 6, 1979 Former City Planner, Les Kaplan, stated that perhaps if t plans were submitted earlier it would allow staff to pro- cess the plans more efficiently. Planning and Development Director, Chuck Mabry, concurred in this suggestion. Woodlands P.U.D., Preliminary Plan Approved Following is the City Manager's memorandum on this item: "This is a proposal for a 410 unit P.U.D. on 80.66 acres zoned R-L-P, Low Density Planned Residential, located at South Shields and Harmony Road. At the regular meeting of January 8, 1979, the Planning and Zoning Board recommended approval of this preliminary plan subject to the following conditions being addressed in the final plan: 1) That the corner side yard setback for the townhouse area in the plan be fifteen feet rather than the proposed six foot by the Petitioner. 2) That a twenty foot pedestrian and emergency vehicle ac- cess easement be provided between the Shields Street right-of-way and the open ended cul-de-sacs in the pro- t ject. 3) That sidewalks be provided along both sides of all streets. 4) That a paved walkway be provided between the two townhouse clusters and the shopping center. 5) That the north -south street which traverses the town- house area and intersects with Harmony Road have a R.O.W. and pavement with 60 feet and 36 feet respectively. We recommend approval of the preliminary plan subject to these conditions being met. Planning and Development Director, Chuck Mabry, stated all five recommendations made by the staff have been addressed by the developer. The staff recommends approval, recognizing that the petitioner has agreed to the conditions. Councilwoman Gray made a motion, seconded by Councilman Bowl- ing to approve the Woodlands P.U.D., Preliminary Plan. Yeas: Councilmembers Bowling, Gray, Russell, Suinn and Wilkinson. Plays: Councilman St. Croix. (Bloom out of room) -257- February 6, 1979 I Brown Farm 6th and 7th Filing, Preliminary A Replat of Tract B, 2nd Filing and Tract A 4th Filing Following is the City Manager's memorandum on this item: "This is a proposal for a 300-unit single-family subdivision on 89.23 acres zoned "R-L," Low Density Residential, located north of Drake Road between Taft Hill Road and South Overland Trail. At its January 8 meeting, the Planning and Zoning Board reviewed this plat and voted unanimously to recommend approval to the Council subject to a number of conditions being met. The major conditions are: 1. The adequacy of sewers internal to the Brown Farm development. The applicant will have to substanti- ate to the Water and Sewer Department prior to the final plat that no problems will be created by this development proposal. 2. That additional drainage information be provided to address City Engineering concerns in this area. In addition, the Staff is concerned about the plat indicating a recreation area when the City via its subdivision ordinances ' has no control over the building or location of such a use. We suggest that Council adopt a policy that would eliminate any use designation on subdivision plats so that no one can presume that the platting process in some way requires the use shown to actually be constructed. If Council adopts this policy, a third major condition would then be for the final plat to remove any use notations. Subject to these concerns and some other minor issues as noted in the Staff report, Staff recommends approval of this preliminary plat." Planning and Development Director, Chuck Mabry, stated that the staff recommended approval; the major concern was an in- dication on the plat which indicated a recreational area. The City does not have control over these recreation centers, and suggested that Council have a policy that eliminates use designation on the plat, so that no one is misled. Council- woman Gray and Councilman Bowling concurred in this recommen- dation. Councilman Bowling made a motion, seconded by Councilwoman Gray, to approve the Brown Farm 6th and 7th Filing, Pre- liminary A Replat of Tract B, 2nd Filing and Tract A, 4th Filing subject to the three conditions. Yeas: Councilmem- ' hers Bowling, Gray and Wilkinson. Nays: Councilmembers Russell, St. Croix and Suinn. (Bloom out of room) THE MOTION FAILED. -258- February 6, 1979 Councilman Russell made a motion, seconded by Councilman , Wilkinson, to reconsider the previous action of the Council on this item. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Bloom out of room) THE MOTION CARRIED. Councilwoman Gray made a motion, seconded by Councilman Wil- kinson, to approve the Brown Farm 6th and 7th Filing, Pre- liminary A Replat of Tract B, 2nd Filing and Tract A, 4th Filing with the following three special conditions: 1. The adequacy of sewers internal to the Brown Farm development. The applicant will have to substanti- ate to the Water and Sewer Department prior to the final plat that no problems will be created by this development proposal. 2. That additional drainage information be provided to address City Engineering concerns in this area. 3. That the recreational area not be designated on the plat. Yeas: Councilmembers Bowling, Gray, Russell, Wilkinson. Nays: ' Councilmembers St. Croix and Suinn. (Bloom out of room) THE MOTION CARRIED. Golden Meadows Second Filing Preliminary Plan Approved Following is the City Manager's memorandum on this item: "This is a proposal for a 149 unit single family subdivision on 51.4 acres zoned R-L-P, Low Density Planned Residential, located on Harmony Road east of Lemay Avenue. This application is the second filing of a subdivision for this area. The first filing was approved by the Planning and Zoning Board on November 6, 1978, and the City Council on December 5, 1978. The Planning and Zoning Board voted unanimously to recommend approval of this preliminary plat to the City Council subject to those conditions noted in the staff report. One of the major issues which needs to be addressed is the need for an agreement between the City and the developers of Golden Meadows guaranteeing construction of a collector I street between the industrial park and Lemay Avenue. This agreement should be signed prior to approval of the final plat. -259- February 6, 1979 ' We recommend approval of this preliminary plan subject to the developer meeting those conditions stipulated in the staff report." Planning and Development Director, Chuck Mabry, identified the area in question; the most significant issue is the street design. Mr. Bill Teller, with Medema Homes, stated they concurred with eight conditions recommended by the Staff. Mr'. Bill Tiley, Developer, stated there is no problem with the road- way recommendation. Councilman Wilkinson made a motion, seconded by Councilman Bowling, to approve the Preliminary Plan. Yeas: Council - members Bowling, Gray, Russell, St. Croix, Suinn and Wil- kinson. Nays: None. (Bloom out of room) THE MOTION CARRIED. Lake Street Townhomes P.U.D., Preliminary Approved Following is the City Manager's memorandum on this item: ' "This is a proposal for a 20-unit townhouse P.U.D. on 3.34 acres zoned "R-L," Low Density Residential, located south of West Lake Street and east of Shields Street. At this time, the only condition remaining is that the Pe- titioners show on the final plan a minimum 25-foot drive- way curb cut from Lake Street to the subject property. Staff recommends approval of this plat conditioned upon the above revision being addressed on the final plan." Mabry stated the staff recommended approval. Councilman Bowling made a motion, seconded by Councilman St. Croix, to approve the Lake Street Townhomes P.U.D., Prelimin- ary. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Bloom out of room) THE MOTION CARRIED. -260- February 6, 1979 Ordinance Adopted Amending the Zoning I on Property Known as Golden Meadows Center Rezoning Following is the City Manager's memorandum on this item: "This is a request for "B-P" zoning on 18.3 acres presently zoned in the "T," Transition zone, located on Harmony Road east of Lemay Avenue. The Planning and Zoning Board has recommended approval of the rezoning subject to seven conditions. Lucia Liley has includ- ed a memo summarizing a recent court case that would, in es- sence, make five of those conditions unenforceable. In light of this court case, Staff is recommeLiding the following al- ternatives for Council's consideration: Refer the matter back to the Planning and Zoning Board for reconsideration in light of the Court case. In order to do this, the applicants would have to agree to waive the 60-day requirement of the "T," Transition, Zone Ordinance. If the ap- plicants would not agree to waive this requirement, Council will have to take action on the request and could zone the property any zone they think appro- priate. ' Follow Staff's recommendation to revise the Golden Meadows Master Plan which would also require waiv- ing the 60-day requirement referred to above. This would allow not only a reconsideration of the loca- tion of the "B-P" zoning, but would allow the question of the commercial allocation on the other parts of Golden Meadows to be addressed. Additionally, the street requirement noted in another agenda item, Golden Meadows, Second Filing, could be settled by a revision to this master plan. 3. Approve the applicant's request considering only the two conditions not affected by the Court case re- ferred to in the City Attorney's memo." Chuck Mabry stated the staff recommended approval of the agreement to be executed on the conditions. City Attorney stated an agreement will be brought back at the time of second reading. Councilman Wilkinson made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 22, 1979, on first reading. -261- ' February 6, 1979 Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Bloom out of room) THE MOTION CARRIED. Replat of Part of Prospect Estates 3rd Filing, Preliminary and Final Plans Withdrawn Following is a request for this item to be withdrawn: Mr. Chuck Maybry Planning and Zoning Dept. City of Fort Collins Fort Collins, Colo. Re= Replat of Part of Prospect Estates 3rd Filing, Preliminary and Final Plans Dear Mr. Maybry: The above -referenced matter has been placed for hearing on the City Council's agenda February 6, 1979. This letter shall constitute a request to Withdraw the matter from the agenda. Very truly you , Charlene Dean Don Reed 1 -262- February 6, 1979 Council took no formal action on this item. Mayor Suinn ' announced the item had been withdrawn. Other Business (a). City Manager Arnold stated Council needed to review the report from the City Clerk regarding the initiative petition. City Clerk Verna Lewis presented the following certification: STATE OF COLORADO ) ) COUNTY OF LARIMER ) ss CITY OF FORT COLLINS ) We the undersigned, duly appointed members of the City of Fort Collins Election Board, do hereby certify that there ' are Sze signatures of persons qualified to register to vote in City elections on a citizens' petition submitted to the City Clerk's office on Friday, February 2, 1979 at 4:20 p.m., relating to the "moderate growth" issue. The number of valid signatures required in order for the proposed ordinance to be placed on the April 3, 1979 election ballot is 10 percent of the total vote cast at the last general municipal election, which would be 519 signatures. (5193 votes were cast at the April, 1977 general election.) -263- 1 1979. February 6, 1979 Dated at Fort Collins, Colorado, this 6th day of February, Plizabakh Case, Board of Elections Pauline Steele, Board 4Cha Verna Lewis, City Cle of the Election Board City Manager Arnold recommended Council adjourn this meet- ing to February 13, 1979 and then go to a work session to discuss this initiative. (b). Resolution Adopted Requesting the Highway Department to Delay Reallocating Expressway Money Until March 1, 1979 Following is the City Manager's memorandum on this item: "State Highway Director, Jack Kinstlinger, called the Mayor on Monday and informed the Mayor that he was going to reassign the $5 million budgeted. for the expressway to another project. As the Mayor, myself and other staff members have followed up with the Highway Department to try to determine exactly what was meant, we found them indicating that our allo- cation for the expressway would only be "deferred". We feel that that means the money would be taken from the allocation this year and put back next year. We have asked for a letter from the Highivay Department explaining just what they intend. The Council will recall that when we last met with Andrea Schmidt, Kinst- linger, Haase, and Dwight Bower, vie indicated that we would begin imme- diately a two-part program to: -264- February 6, 1979 1. Do a long-range transportation study, estimated to take I six months; and 2. Do a "quick study" estimated to take 30 to 60 diys to determine tha, leg location. For your information, we have tentatively set February 20th as the date at which we would bring back to you our "Quick study" recommendations on the eastern -most leg of the expressway. Based on that information, I Mould like to recommend that Council adopt the attached Resolution asking the Highv,,ay Department not to reallocate the expressway money until at least March 1 when the Council has had .a chance. to complete the initial stage of the work that vie all agreed upon. if Councilman Bowling made a motion, seconded by Councilman Wil- kinson, to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. (c). Action Taken on District I Exclusion Act Following is the City Manager's memorandum on this item: Staff will be asking the City Council to authorize the filing of an exclusion action on the south borders of the city. That exclusion action will petition to remove all those parts of the South Fort Collins Sanitation District and the Fort Collins/ Loveland Water District that are presently inside the city limits. The Council adopted resolution of January 16, 1979, directed the staff to pursue service of utilities inside the city limits. This exclusion action would follow up on that direction. It might be important for me to summarize some of the events that have lead us to this point. The city negotiated over a long period of time with both southern districts trying to achieve some mutually advantageous agreement about the control of growth, joint service boundaries, and sensible operational changes. The city considered and agreed to every point discussed. In turn the city asked for a commitment on the part of the districts to assist in land use control kinds of decisions. The districts finally concluded they would not enter into any -265- 1 February 6, 1979 ' kind of an Since that agreement that would deal with land use control. was the only thing that we were asking for, and since the county, through the Urban Service Area Steering Committee, had requested that we reach a binding agreement that included land use control, there was therefore nothing more to negotiate or discuss. It is also significant to note that all during discussions, we indicated to the districts that we were going to negotiate in good faith and negotiate hard. We also indicated we would give them almost everything they wanted in turn for the one thing that we wanted. During that process, we indicated over and over again that while we were working hard to negotiate something that was good for the districts as well as good for us, should we not reach agreement, and not be able to conclude an agreement that made sense, then the districts should understand that we were going to fight hard to gain the kinds of control over growth that we thought were necessary and that we knew were certainly lacking in the entire city/county/state land use control process. This then would follow with that latter information. I guess it should be emphasized that we are in no way closing the door to further negotiations. We can stop the exclusion action move at any time. We can negotiate an agreement at any time. In fact, at the Urban Service Area hearing last Wednesday, I spoke with a couple of Fort Collins/Loveland water District members after the meeting and indicated that a fairly simple statement included in an agreement between the city and the district to the effect that all the districts would support the county and the city in determining "land use decisions" would probably be all that was needed. That, of course, would be subject to negotiation and exact wording, but the point was made, I think, that the door still could be open should the districts be interested. That point, I think, needs to be made again now. As we discussed earlier, in pursuing district exclusion, the city must satisfy the Court that all areas of the districts which are proposed for exclusion will continue to receive the same services for which the districts were set up. -266- u February 6, 1979 City Manager Arnold stated the administration is requesting ' the City Council to authorize the filing of an exclusion ac- tion on the south borders of the City, against the Fort Col- lins Sanitation District and the Fort Collins/Loveland Water District, of those areas within the City limits. This does not close the door to further -negotiations. Councilman Bloom made a motion, seconded by Councilwoman Gray, to authorize the administration to file under the Exclusion Act. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St Croix, Suinn and Wiikinson. Nays: None. THE MOTION CARRIED Adjournment Mayor Suinn then declared the meeting adjourned until Febru- ary 13, 1979 at 1:00 p.m. The meeting adjourned at 10:00 p.m. ATTEST: City Cler -267-