Loading...
HomeMy WebLinkAboutMINUTES-07/03/1979-RegularJuly 3, 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, July 3, 1979 at 5:30 p.m. in the Coun- cil Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson. . Absent: Councilman Wilmarth. Staff Members Present: Arnold, Bingman, Deagle, Hays, Krajicek, Lanspery, Lee, Lewis, Liley, Mabry, Mills, Parsons, Ruggiero, Rupel, Smith, Straayer, Webber, Wood, Curt Smith and Ralph Smith. Agenda Review: City Manager City Manager Arnold stated that he would respond to audit comments after the public hearing. He then stated the City Attorney would review the procedures prior to the rezoning hearings. Consent Calendar: These are items of a routine or non -controversial nature, on which a unanimous vote of approval is expected. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. (The purpose of this calendar is to allow Council to spend its time and energy on more important items.) The Consent Calendar presented was as follows: -490- u July 3, 1979 4. CONSENT -CALENDAR ITEMS. A. Consider Approval of the Minutes of the June 5 1979 Regular Meeting. 0 C. 9 rst Keadin a nce No. 64, 1979, Ame the Code and Pro- nances to be Placed This Ordinance passed unanimously on first reading at the June 5th Council meeting. It amends the Code to allow non -controversial ordin- ances on first reading to be placed on the Consent Calendar portion of Regular Council Meeting agendas. q of Ordinance No. 62, 1979, Amending the Code and Pro - ointment of Two Alternate Members to the Building rs Licensina Board. Tabled 5/15/79 . This Ordinance passed unanimously on first reading at the June 5th Council meeting. Due to the difficultly of getting a quorum for a meeting, staff recommends establishing two alternate members to serve in the absence of the five members of the Building and Contractors Licensing Board. 63, 1979, Amendi lternate Members the Code and Pro - Board of Appeals.. (Tabled 5/15/79).: This'Ordinance.passed unanimously on first reading at the June 5th. Council meeting'.. This is.a companion Ordinance.to the previous . _Ordinance in,that:it.provides for.two:alternate members...to. the 'Building Board;of.Appeals for -the, same. reasons... E: 'Second Reading of Ordinance No. 67, 1979, Permitting the Trustees - of the Police; Fire, and General Employees Pensions to Meet in Exec- utive Session. This Ordinance passed unanimously on first reading at; the. June 5th • Council. meeting. This Ordinance modifies the code relating to open meetings .and could permit the different pension- boards -to'meet in executive session for the purpose of reviewing pension applications, medical records, personnel records and'reports, and discussing pending as well as previously granted pensions" 'including disability pensions, with board attorneys. F. Second Readinq of Ordinance No. 68, 1979. Amending the Code Relatino to This Ordinance passed unanimously on first reading at the June 5th Council meeting. It provides for changes to standard street width revisions. ' -491- July 3, 1979 G. Second Reading of Ordinance No. 69, 1979, Amending the Zoning Ordinanc ' to Provide for Site Plan Review for Uses in the "I-L" District. This Ordinance passed unanimously on first reading at -the June 5th Council meeting. It amends the zoning code by requiring site plan re - View and approval by the Planning and Development Director of all uses in the "I-L" District.. H. Second Reading of Ordinance No. 72, 1979, Appropriating Funr ds From Reserves on Hand in the Seven -Year -Capital Improvements Fund fo Expenditure During 1979. This Ordinance passed unanimously on first reading at the June 5th Council meeting. It appropiates $22,300 from reserves on hand in the Seven -Year Capital Improvements Fund for expenditure during 1979 to Clifton, Gunderson & Company for payment of their fee for this audit. I. Second Readinq.of Ordinance No. 44, 1979, Annexing Properties --known -- as the ,)outn uoiiege rroperLies Annexation. Iiaoiea:. 5/i5/iy). This"is a "super block" proposal to annex 190 acres located,on'the northeast corner of the intersection of .South College Avenue -and _Harmony ,Road. -::Staff. --recommends tabling this item_ until August 7. J. Second'Readin of Ordinance No. 45, 1979, Z . oni ng Properties known as South College Properties Annexation._ Tabled: 5/15/79) - This Ordinance tzo,nes the property in!the,previous.item „ Staff re-, commendstabl-ing until._August 7.:- ;,K._Deeds , Easements, and'` Agreements. vm This item -on the agenda brings to Council for consideration by 'summary only -routine deeds,:..,easements,'and agreements.:.. They- have -already_been reviewed andlapproved`by the City Attorney's staff and other. departmental, staff. involved with each project.. . 1.;.Grant of Right -of -Way and Easement from Warren Funeral Chapel Inc., Milo Bohlender, and Gwendolyn Bohlender .for a.uti,lity easement,.which ratifies-Coun61l'is earlier intent. -.Consideration:,. $1,187.00 2.:: Easement.dedication from Great Plains Cor — poration for utility, fence line, parking,. walkways and driveways in the Taft Hill - Elizabeth P.-U.D. Consideration: None. -492- L. M. RT July 3, 1979 `.3. Easement Agreement with E. John Clarke and Lorene K. Clarke in connection with the trails system north.of Spring Creek.: .. Consideration:- $500.00 4:" Agreement with Colorado & Southern Railroad for installation of a water line on Lemay Avenue as part of the Andersonville-Alta Vista water project.:* Consideration: $500.00 5. Agreement with Larimer County Canal No. 2 for crossing .in connection with the Horsetooth Water Line. - Consideration: $250.00 :.6:. Easement agreement with Larimer County for property in connection with the Poudre Trails System.- Consideration: ;310,00_ 7 Amended Lease Agreement with Colorado & Southern Railway Company. .for the Recycle Something Center. property at -Sherwood and Elm. -.:..This amendment.. _. involves.a.small change.in-the.lease area .as re .:quested by Colorado &.Southern. , . Consideration -.`Paid with originallease. Staff+recommends Council authorize the City.Attornev:to prepare such .agreements.and also authorize City Manager.;and City.Clerk:to execute the same. , Setting'Date for Special: Sales Tax Election. Staff is -now requesting Council set..the date.for. the sales ,tax election on Tuesday, October 9. Resolution Re -appointing' Judge Tobin as Municipal.Judge. This resolution provides for the re -appointment of the municipal judge .for a term of two years as required by charter. City Hall Parking Lot.' " Council directed the administration to secure bids for the paving and concrete work on the City Hall parking lot. The City received two bids for this work and Flatiron was the low bidder and has been authorized to proceed with the work based on Council's previous action. 1 -493- 1 July 3, 1979 0. Resolution Supporting the Recommendations of the Capital Improvements Committee of the Chamber of Commerce Concerning Open Space and. Trails. This.resolution was requested by Council to adopt Open Space and Trail priorities as recommended by the Chamber of Commerce Capital Improvements Committee at the June 26 work session. P. Resolution authorizing the submission of a Family Unit Grant Application To the State Division of Criminal Justice. The Fort Collins Police Department has prepared a grant application for the establishment of a family conflict unit. The total grant is for $63,335, 90% with LEAA funds and 10% with City share. 0. Resolution Authorizing the City to enter into an Agreement with the Colorado State Library Department of Education State of Colorado. The Library has been awarded.a grant to provide library.services to individuals in correctional facilities .in Larimer County. .Total ..funds are $18,900 with $14,800 coming from LSCA _funds,-$2,700 in - kind, and $1'4001from Larimer.County.'c R. Resolution Authorizin .a Lease Agreement with Ms. Eleanor Gale at the very House. This is*a ease.agreement for approximately 950 square feet of space at the -Ave I ryHouse.` The agreement provides also for income to help offset operating and maintenance costs at the facility. S. Out -of -City Utility Service request--for.Richard Pitner This'':reques.t is to extend'a.sewer line to ,serve approximately'six lots owned by.Richard Pitner'just south of 'the Warren Lake Trunk Sewer approximately 2 mile east of College Avenue. T. Out -of -City Utility Service Request for 2715 West Vine Drive. Mr. Paul Enockson has requested to tap onto the.City's 27 inch water main which crosses Vine Drive approximately 100 feet west of his house on West.Vine. .. U. Agreement on Exchange of Water Rights., Under this agreement, the City would acquire shares of stock in exchange for 81.75 water certificates issued by the City entitling the owner upon annexation-of..property or development of property to fulfill any re- qui'rement for furnishing of water imposed by the City. .. -494- July 3, 1979 V. Negotiated Sole Source Purchase of One 1974 Autocar Tractor. Request is made to purchase one 1974 autocar tractor from White Truck ' Sales of Denver, Colorado for $19,300. W. Wagon Wheel Subdivision Final, Filing No. 1. -- -- This proposal includes 80 single family lots on 45.7 acres. The pre- liminary plan for this entire subdivision was approved by Council unanimously on April 10. All conditions imposed at the preliminary plan stage have been met on the final plan. X. Whalers Cove .P.U.D. lst Replat, Final.:-, This final., proposal is,to replat 27,1ots.in Whalers Cove P.U.D. -located at Harmony Road and.Lemay Avenue. . Y. Whalers Cove P.U.D. 2nd Replat, Final This is a final proposal to replat 10 lots in Whalers Cove .P.U.D., located at Harmony Road and Lemay. Avenue. Changes to this replat-were requested.by the builder in order. that.the houses planned would fit better on the lots. Z. ..Replat of Lots 13 14 15 16 and 18 Golden Meadows Industrial Park Subdivision 1st Filing. ' ,This ,is..A proposal to replat.five lots into four new lots in Golden Meadows 1st filing....;This action is requested in order to eliminate intermediate lot lines and a portion -of Innovation Drive in order to consolidate lots for one user. " The following items were withdrawn, from the Consent Calendar; L. Setting Date for Special Sales Tax Election, — M. Resolution Re -appointing Judge Tobin"as Municipal Judge. 0. Resolution Supporting..the Recommendations of -the Capital Improvements Committee of the "Chamber of Commerce Concern- ing Open Space and Trails. P. Resolution Authorizing the submission of a Family Unit. Grant Application to the State Division of Criminal Justice. Ordinances on Second Reading were read by title by City Clerk Verna Lewis: 1 -495- July 3, 1979 B. Second Reading of Ordinance No. 64, 1979, Amending the Code and Providing for First Reading of Non -Controversial Ordinances to be Placed on the Consent. C. Second Reading of Ordinance No. 62, 1979, Amending the Code and Providing for Appointment of Two Alternate Mem- bers to the Building and Contractors Licensing Board. D. Second Reading of Ordinance No. 63, 1979, Amending the Code and Providing for Appointment for Two Alternate Mem- bers to the Building Board of Appeals. E. Second Reading of Ordinance No. 67, 1979, Permitting the Trustees of the Police, Fire, and General Employees Pen- sions to Meet in Executive Session. F. Second Reading of Ordinance No. 68, 1979, Amending the Code Relating to Right -of -Way and Pavement Widths for Streets and Subdivisions. G. Second Reading of Ordinance No. 69, 1979, Amending the Zoning Ordinance to Provide for Site Plan Review for Uses in the "I-L" District. H. Second Reading of Ordinance No. 72, 1979, Appropriating Funds from Reserves on Hand in the Seven -Year -Capital Im- provements Fund for ExpenditureDuring 1979. I. Second Reading of Ordinance No. 44, .1979, Annexing Pro- perties known as the South College Properties Annexation. J. Second Reading of Ordinance No. 45, 1979, Zoning Properties known as South College' Properties Annexation. Councilwoman Gray made a motion, seconded by Councilman Wilkinson, to adopt and approve all items not withdrawn from the consent calendar. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. -496- 1 July 3, 1979 Resolution Adopted Re -appointing Judge Tobin as Municipal Judge. Following is the City Manager's memorandum on this item: "This resolution provides for the re -appointment of the mun- icipal judge for a term of two years as required by charter." Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt the resolution. Yeas: Councilmembers _ Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. Resolution Adopted Supporting the Recommendations of the Capital Improvements Committee of the Chamber of Commerce Concerning Open Space and Trails Following is the City Manager's memorandum on this item: "This resolution was requested by Council to adopt Open Space and Trail priorities as recommended by the Chamber of Commerce Capital Improvements Committee at the June 26 work session." Councilwoman Reeves inquired into the bidding for asphalt or concrete for the trail program. City Manager Arnold replied that the City will bid both. Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. Resolution Adopted Authorizing the Submission of a Family Unit Grant Application to the State Division of.�Criminal Justice Following is the City Manager's memorandum on this item: -497- 1. July 3, 1979 "The Fort Collins Police Department has prepared a grant application for the establishment of a family conflict unit. The total grant is for $63,335(90%) with LEAA funds and 10% with City share." Councilman St. Croix stated he felt this resolution forces Council to make 1980 budget decision. Councilwoman Gray spoke to the importance of appylingfor the grant. City Clerk Verna Lewis read the resolution at length. Councilwoman Gray made a motion, seconded by Councilman Wil- kinson, to adopt the resolution. Yeas: Councilmembers Bowl- ing Gray, Kross, Reeves and Wilkinson. Nays: Councilman St. Croix. THE MOTION CARRIED. Ordinance Adopted Amending Article IV of Chapter 54 Relating to the Collection and Removal of Garbage Following is the City Manager's memorandum on this item: ' "This Ordinance passed favorably on first reading at the June 5th Council meeting. The ordinance before you proposes a number of changes to the, City's trash hauling collection ordinance. 1. It recognizes the fact that the Public Utilities - Commission has the responsibility and authority to regulate trash haulers throughout the state. 2. It allows the trash haulers to enter into agreements with individual property owners for the type of service that they request and will be billed for accordingly. The revised ordinance allows placement�-of trash con- tainers at the curb; present regulations require. cans to be placed within five (5) feet of the house, while plastic bags may be placed at the'curb. For example, under the new ordinance, a property owner could re- quest curbside pickup of the garbage containers and thus be charged an appropriate monthly rate for that service. This type of service is presently not allowed for in the existing ordinance. The new ordinance does however contain a section which deals with the property owner's responsibility concern- �, -498- July 3, 1979 ing the appearance of trash containers on private property or the public right-of-way including alleys. Staff recommends adoption of this ordinance on second read- ing. it Councilman St. Croix stated he had opposed the Ordinance three different times and he is still opposed to it. Councilwoman Gray made a motion, seconded by Councilman Wil- kinson, to adopt Ordinance No. 65, 1979. Yeas: Councilmem- bers Bowling, Gray, Kross and Wilkinson. Nays:- Councilmem- bers Reeves and St. Croix. THE MOTION CARRIED. Ordinance Adopted on Second Reading Adopting the Uniform Code for the Abatement of Dangerous Buildings Following is the City Manager's memorandum on this item: "This Ordinance passed favorably on first reading at the June 5th City Council meeting. However, during the discussion of this item, Council raised some questions .as to the appeal_pro- cess contained in the Code and the protections it offered the I public from abuse. Under the Code, the existing Building Board of Appeals pro- vides interpretations of the Code and considers appeals. This is the same procedure which is utilized presently under the Uniform Building Code. In non -emergency situations, an indivi- dual has thirty (30) days following the receipt of a notice from the Chief Building Official which orders the repair, vaca- tion or demolition of a dangerous building or structure within which to file an appeal with the Building Board of Appeals. During the pendency of that appeal, the order of the Building Official is stayed. Thus; in non -emergency situations, an in- dividual may have his rights fully adjudicated prior to the City's taking any action. In emergency situations, the Code provides: "If the building or structure is in such condition as to make it immediately dangerous. to the life, limb, property or safety of the public or its oc- cupants, it shall be ordered to be vacated." Such an emergency vacation order is not stayed pending appeal. But, such a procedure would be used only in extreme circum- stances. Even then, the appellant would have an opportunity to request a special meeting of the Building!Board of Appeals ' which, if the Appellant is willing to waive the 10-4day notice requirement, could be held immediately. -499- July 3, 1979 Examples of situations in which the emergency vacation pro- cedure could be utilized are as follows: (1) Serious foundation deterioration of a build- ing or structure as a result of flooding which threatens the collapse of the structure. (2) Damage to major structural support of a build- ing as a result of fire. (3) The threatened collapse of a major stairway. (4) The permanent obstruction of major fire exits with the result that a building could not be evacuated in the event of an emergency. Any time broad discretionary powers are granted to local government, the potential for abuse exists. However, when the exercise of those powers is necessary to protect life and pro- perty.and no other reasonable alternatives exist, the risk of abuse is outweighed by the more compelling interest in - public safety. Finally, we believe the Chief Building Official of the City is a talented and dedicated individual. He would most certainly be held accountable for any abuses of the powers granted by this Code. ' Staff recommends adoption." Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 66, 1979. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix and Wilkinson. Nays: Coun- cilmember Kross. THE MOTION CARRIED. 1 -500- July 3, 1979 Ordinance Tabled on Second Reading Relating to Flood Hazard Areas and Providing for Penalties for Violations of this Ordinance to July 10, 1979 ' Following is the City Manager's memorandum on this item: "This Ordinance was favorably approved on first reading at the June 5th meeting. It set forth regulations and enforce- ment relating to flood hazard areas. Council voted at the meeting to amend the ordinance in two ways: Section 52-4 (C) (2), page 9. This section is to be amended by the addition of the.following language: "Obtaining evidence prior to the issuance of a flood plain use permit that all necessary permits have been obtained from those federal, state, or local govern- ment agencies from which prior approval is required, provided that a conditional floodplain use permit may be issued contingent on the receipt of all necessary federal, state or local.government permits." The amendment places the burden on the applicant to deter- mine which permits are required. Though the applicant ' must determine which permits are necessary, the Depart- ment of Public Works will be able to assist an applicant in that determination. This language is, also, consistent with the.provisions of the model ordinance. 2. Section 52-6 (A) (2) (b), page 14. That the word "less" be substituted for the word "more". This change is neces- sary to make that subsection consistent with Section 52-6 (A) (2) (a) and the model ordinance. Further reading of the language of the subsection indicates that the word "less", as used in the original ordinance was correct. Staff recommends adoption." Councilman Kross. expressed concern regarding the data base, which appears to be in question. He requested the City Manager respond to whether, at this point it is possible to adopt the ordinance, but suggest that a new study be performed to de- fine a more accurate flood plain. -501- The City Manager gave an oral report on vast ranges of measurements which have been incorporated into various studies. The City Manager also stated the City must be in compliance by July 16, otherwise, the Federal Insurance Administration will send letters to all the financial insti- tutions and those persons who are in the flood plain -now will be unable to get any financing on any kind of develop- ment. He recommended that Council pass the Ordinance now and then amend as necessary. City Attorney Liley stated that as soon as the City has new data available it can contact the Federal Insurance Admini- stration and make recommendations for changes and if they are approved then they come back to Council for implementation. Councilman Wilkinson made a motion, seconded by Councilman Kross to table second reading of Ordinance No. 70, 1979 to July 10, 1979. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: None. (This meeting was adjourned to July 10, 1979.) City Manager Arnold will meet with Councilmember Kross and Wilkinson prior to the July 10, 1979 adjourned meeting. Ordinance Tabled on Second Reading ' Amending the Code Giving Authority to the Storm Drainage Board to Consider Variances and Appeals Relating to Flood Hazard Areas to July 10, 1979 Following is the City Manager's memorandum on this item: "This Ordinance passed favorably on first reading at the June 5th Council meeting. It provides for the Storm Drainage Board to consider all variances and appeals, on provisions of the Flood Hazard Ordinance. According to the Ordinance, a per- son may appeal.a decision of the Public Works Director by paying a docket fee of $25 to appear before the Storm Drain- age Board. This person shall have the right to appeal the Board's decision to the Council. At their June 13th meeting, the Storm Drainage Board voted unanimously'to act as the Variance Board for a one-year trial period, after which time a re-evaluation will take place. Staff recommends adoption." Councilwoman Gray made a motion, seconded by Councilman St. Croix, to table Ordinance No. 71, 1979 on second reading tc July 10, 1979. Yeas: Councilmembers Bowling, Gray, Kross, ' Reeves, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. -502- July 3, 1979 Resolution Appointing a Representative to the Larimer County Community Action Board - Deferred Following is the City Manager's memorandum on this item; ' "The Mayor received a letter from the County Commissioners seeking participation of elected local public officials on the Larimer County Community Action Board, which is an ad- visory body to the Larimer County Department of Human Devel- opment. Council needs to consider an appointment to this Board, and then appoint a member to serve." Councilwoman Gray reported that according to the guidelines a staff person could be appointed, and suggested that the Council request that City Manager Arnold recommend an ap- propriate staff person.'. Mayor Bowling asked for comments on the recommendation; hear- ing none he referred the matter to the City Manager. Ordinance Adopted on First Reading Repealing Article V of the Code Re- lating to the Regional Airport Board Following is the*City Manager's memorandum on this item: ' "For a number of years, the Cities of Fort Collins and Love- land have operated the Fort Collins -Loveland Regional Airport through a 7-member Volunteer Airport Board. An ad -hoc committee which was set up earlier this year, made up to two members each from the Cities of Fort Collins and Loveland, recommends that the Airport Board be dissolved. They feel the Board has fully served its purpose and feel that the increasing complexity of the Airport operations have necessitated more immediate day-to-day control of the Airport activities. With the dissolution of the Airport Board,, John Hurt, Airport Manager, will report directly to the Fort Collins and Loveland City Managers, and the ad -hoc committee will be advisory to the City Managers. Staff recommends approval of this Ordinance dissolving the Airport Board." Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 74, 1979, on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St, Croix and Wil- kinson. Nays: None. t THE MOTION CARRIED. B6Y1ICZ July 3, 1979 Resolution Adopted Authorizing the City to Enter into an Agreement with Loveland to Provide for Operation and Management of the Fort Collins/Loveland Airport Following is the City Manager's memorandum on this item: "After extensive negotiations, the ad -hoc Committee has ar- rived at an agreement which formalizes the relationship between the two cities in regards to the operation of the Airport.. This agreement provides for: 1. facilities to be operated by the two City Managers, consulting with the two City councils; 2. each city to be responsible for a 507 share of the operating expenses of the Airport. (This represents a change from the past in which the City of Fort Collins has been responsible for a two-third's share.) .. 3. the creation of a five-year plan for development at the airport. Staff recommends adoption." City Manager Arnold requested Council make a correction on Exhibit B of the agreement which describes property and equip- ment, to reflect 20 units of T hangars rather than 40 units. Councilman Kross inquired into the ad -hoc committee function in this agreement. Mayor Bowling stated that there is a ques- tion of need for an ad -hoc committee. Councilman Kross stated. - he would like to see citizen involvement perhaps at a later date. Councilwoman Reeves inquired into the master plan and it was clarified that it is an update of the existing master plan. Councilman Wilkinson made a motion.,.'seconded by Councilman St. Croix, to adopt the r'e'solution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St'.'•Croix and Wilkinson. Nays: None. THE MOTION CARRIED. 1 -504- July 3, 1979 Engineering Firm of Meurer, Serafini and Meurer Approved for Engineering Work at the Fort Collins/Loveland Airport 2. City Manager Arnold stated the ad -hoc committee on the Airport had met to discuss the Instrument Landing Systems and parallel taxi -way, grants, and construction projects. They are in the process now of receiving proposals for an update on the master plan, and the Airport Board had already received proposals for hiring an engineer to design the Instrument Landing System and taxi -way system. The Federal Aviation Administration will announce that the money is available. Due to the time table for bidding to construction, the committee felt the need to authorize the hiring of the engineer for the Instrument Landing Sys- tem and taxi -way. The firm of Meurer, Serafini and Meurer of Denver had been interviewed. The recommendation of the ad -hoc committee is that the committee be authorized to hire that firm with the quotation, subject to approval of the ad -hoc committee in terms of contract details. Seven firms. had been contacted by the Airport Board. The total project cost is roughly one million dollars with engineering fee being from $60,000 to $112,000 for the total. Councilman Wilkinson made a motion, seconded by Council- ' man St. Croix, to approve the selection of the firm of Meurer, Serafini and Meurer to do the engineering at the Airport for the Instrument Landing System and taxi -way, subject to approval of the Federal Aviation Administra- tion, the Loveland City Council and the ad -hoc committee in terms of contract details. Yeas:Councilmembers Bowl- ing, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. Mayor Bowling requested that appropriate letters of appre- ciation be sent to the Airport Board members for their past services. Easement for Spring Creek Trunk Sewer Accepted 2. Following is a memorandum from Tom Hays, Assistant Water: Utilities Director to the City Manager -on this,item: -505- , July 3, 1979 "We have been negotiating with Mr. Max R. Hoffman, owner of a parcel of land along the proposed line of the Spring Creek Trunk Sewer. We have reached agreement upon the easement and said easement is attached. We had intended to bring this to the Council on July 17 in it's normal order, however, when Mr. Hoffman returned the easement to us late on Monday, July 2nd, he indicated he would be selling the property effective July 5th, which is Thursday. Mr. Hoffman is asking no monetary compensation for the easement. Rather he wants the trench filled, compacted, and graded, all of which is within the normal practice of the work and hence should not cause the contractor or the City any additional expense. If we do not close the easement with Mr. Hoffman, we will be in the position of reopening negotiations with the new owner, whomever that may be. The result would be a con- �siderable delay. We would therefore request that this easement be considered by the Council, if possible, under other business at the Council meeting on July 3rd." Councilman St. Croix made a motion, seconded by Councilman ' Wilkinson, to accept the easement. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays': None. THE MOTION CARRIED. Resolution Adopted Approving a Temporary Use Permit with Northern Colorado Water Conservancy District 3. Following is a letter from Special Counsel, Arthur March Jr., on this item: Enclosed':i's a resolution authorizing the allocation of 105 units o`f;'Big T water to the City. These waters are being transferred to the City without charge under an agree- ment allowing the present owner to withdraw them from City use and have them allocated as he desires at any time after three year's use by the City. The only cost to the City will be the annual charges of the District. The present owner is also giving the City a right of' first refusal to 1 -506- July 3, 1979 purchase this water if he elects to sell it. The formal agreement should be available by the time of the Council meeting but it is not really necessary since the City is incurring no cost of acquisition." City Clerk Verna .Lewis read the resolution at length. Councilman Wilkinson made a motion, seconded by Council- man St. Croix, to adopt the resolution. Yeas: Council - members Bowling, Gray, Kross, Reeves, St. Croix and Wil- kinson.. Nays: None. THE MOTION CARRIED. Councilman St. Croix made a motion, seconded by Councilman Wilkinson, to approve a contract between the City and Hugo A. Anderson to assign 105 units of Northern Colorado Water Conservancy District water to the City for a term of 3 years, with the City to pay district charges on said units until reassigned and with the City to have a right of first refusal to purchase said units and authorizing the City Manager and City Clerk to execute said agreement for the City. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. THE MOTION CARRIED. Council Members' Reports ' (a). Councilwoman Gray requested that Councilmembers make their recommendation to Boards and Commissions, by Thursday for consideration. (b). Councilwoman Reeves reported on Council of Governments meeting which the Weld County Commissoners had agreed to fund the 208 Water Study. (c). Councilman Wilkinson reported the next meeting of Platte River Power Authority will be held July 27, 1979. City Manager's Report (a). City Manager Arnold reported Transfort is cooperating with KCOL and the Triangle review on four different promotions for July 4, 1979: -507- ' July 3, 1979 (b). On July 19 the Secretary of State has scheduled a hearing on the complaint against the City, on the handling of the Moderate Growth Initiative to be ' held at 2:00 p.m. in the Larimer County Court *House. (c). City Manager Arnold reported the City Attorney has written to those contractors involved in the City Hall masonry work, advising them that there are pro- blems which need correcting. (d). City Manager Arnold then reported that police officer Jeff McConkey has been requested to go to Florida and teach the Sexual Assault Awarness Program. This will be paid for by the State of Florida. Citizen Participation (A). Recognition of Volunteer Programs and Participants.. Following is the City Manager's memorandum on this item: "The City of Fort Collins has been awarded major recog- nition by the Alliance for Volunteerism in association with the United States Conference of Mayors. ' A plaque has been received and will be presented to the City Council on July 3 by Gail Woods, Volunteer Coordinator. After presentation of the award, the Mayor will present "Mayor for the Day" certificates to eleven volunteers who have been singled out for their outstanding con- tributions. Volunteer Coordinator, Gail Woods, presented a plaque to Mayor Bowling in recognition of volunteerism. (B). Recognition of Women in the Arts. Councilwoman Gray reported on the Exhibit held in the Lincoln Community :Center, introduced the Women in the Arts and'4presented plaques to each participant. (C). Mr. William Hansen, former tenant at the Avery House addressed the Council relating to a notice he has re- ceived from the City advising him his lease would not be renewed. I Council took no action on this item, however, the City Manager will report to the Council events leading to this decision. July 3, 1979 Decision Upheld on an Appeal of Zoning Board of Appeals Decision to Grant a Variance to Joyce and Robert Clayton ' Mayor Bowling again stated time limits would be assigned to each following item on the agenda. Following is the City Manager's memorandum on this item:. "Joyce and Robert Clayton are the owners of a vacant lot lo- cated at 1244 Maple Street in Fort Collins. Recently the Claytons contacted Richard Pitner, a local building contrac- tor, asking him to build a four-plex on this property. Mr. Pitner then made application to the City Building Inspection Office for a building permit for this four-plex and dis- covered that the Claytons' property does not meet all of the zoning regulations governing the construction of a multiple - family dwelling in the RM (medium density residential) zone. Although the lot area, parking, and setback requirements have all been satisfied, the property is deficient in its width. The Zoning Ordinance requires seventy-five (75) feet of lot width for a multiple -family dwelling in the R-M zone; the property at 1244 Maple Street is seventy-four and one-half (74k) feet wide. Mr. Pitner applied for a zoning variance in an effort to re- ' solve this problem, and the matter was heard by the Zoning Board of Appeals at. its regular meeting on June 14, 1979. The Board voted two to one in favor of granting the variance (with one board member absent and one abstaining). Dale Rushneck, of 1241 Maple Street, is appealing this Zoning Board of Appeals decision, and made a -presentation to the Board, expressing opposition to the variance. The issues. he raised related to the introduction of'a multiple -family dwelling in his neighborhood. None of his concerns related to the matter of lot width, which was the issue under consi- deration. Although the City staff sympathizes with Mr. Rushneck and the neighbors who signed 1�i`s petition, a multiple -family dwelling is a use by right in the'RM zone. The shortage of only six inches in lot width constitutes a true hardship for the pro- perty owners, and the construction of a four-plex on a lot which is six inches narrower than required by code will neither result in substantial detriment to the public good not impair the intent and purposes of the Zoning Ordinance. -509- ' July 3, 1979 Since this is an.appeal, the Council should not hold a new hearing on all the evidence. Rather it should review the record from the Zoning Board of Appeals, listen to limited oral argument by involved parties, and any new evidence not presented to the Zoning Board of Appeals, and then decide whether to uphold the Board's decision." City Attorney Liley stated this is not a new hearing, but a hearing on the record, Council has the transcripts of the hearing before the Zoning Board of Appeals, the parties should be allowed to make a brief oral argument and present any new evidence. Mr. Richard Pitner representing the Clayton's spoke in sup- port of the variance. Mr. Dale Rushneck, 1241 Maple.Street, the appellant presented - arguments relating to the Zoning Board of Appeals duties and powers, especially relating to "exceptional and undue hardships" Mr. Cliff Lob, 1238 Maple Street stated he felt there were other alternatives than a four-plex, and requested the var- iance be denied. Councilwoman Gray made a motion, seconded by Councilwoman Reeves that the decision of the Zoning Board of Appeals be overturned and that the variance be denied. Yeas: Council - members Gray, Reeves and St. Croix. Nays: Councilmembers Bowling, Kross and Wilkinson. City Attorney Liley stated there was a tie vote, and if this were in a court, the decision of the lower court, which is the Zoning Board of Appeals, would remain, unless it has been overruled: Unless Council wants to take another vote when a full Council. is in session, the decision will stand. The unofficial vote was again three/three to rehear the matter. Mayor Bowling then declared that the matter stands. r Appeal of ZoniilgiBoard'',of Appeals Decision to Grant a Variance'at 970 Bungalow Court - Withdrawn City Manager Arnold stated this item has been requested to be withdrawn. Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to allow the withdrawal of this item'. Yeas: Council - members Bowling, Gray, Kross, Reeves, St. Croix and Wilkin- son. Nays: None. ' THE MOTION CARRIED. -510- July 3, 1979 Public Hearing on the Independent Audit on the 7-Year Capital Improvement Program for Contractor and Citizen Response Following is the City Manager's memorandum on this item: "Time has been reserved on the Agenda at this time for public response to Clifton, Gunderson & Co.'s Audit on the 7-Year Capital Improvement Program. Contractors or other interested citizens are invited to respond at this time." Mayor Bowling requested those wishing to address the Council concerning this item to come forward. Hearing none, he then declared the hearing closed. Proposed Financial Program - Seven Year Capital Program - Continued Following is the City Manager's memorandum on this item: "We have updated (and sent to Council in a separate report) the budget for the Seven Year Capital Program based upon audit figures and project requirements for the balance of 1979 and 1980. We would like to review the recommended plan with Coun- cil, allow Council to make adjustments necessary, approve the I budget, and then prepare the necessary ordinances to implement the approved plan." City Manager Arnold stated that the item setting the date for Special Sales Tax Election had been withdrawn from the agenda to be discussed concurrently with this item. He would like to discuss this item first. He suggested that Council consider extending the sales tax until the election in 1981. Mr. Gary Cassell, President of the Chamber of Commerce read the following letter: My name is;Gary Cassell, President of the Fort Collins Area Chamber of Commerce. My comments this evening cover a number of areas, all related to the Capital Improvements Program, and are the thoughts of the Chamber's Executive Committee. -511- July 3, 1979 1. Recent Audit and City Management Report There would be no reason at this time to.discuss in detail the pros and cons of the audit and management response. .However, we would suggest Council and Staff ask the following question: In light of a tight financial situation within the City, is it necessary to hire additional personnel to solve the financial situation? In other words, will the increase solve the problem? That is our only question. Other than that, we shall be watching the next 90 days for implementation of recommended procedures. 2. Sales Tax Election Date We are adamantly opposed to the setting of a date in October for a sales tax election. We realize the mechanics involved for City Clerk to prepare for the election. We also realize that the proposed election date is one week after the 90-day period for - implementation of projects to strengthen the financial system. We cannot in good conscience support a sales tax election in October until Council is fully satisfied with these implementa- tions: Just as important, the question must be asked - sales tax for what?. n 1 —512— July 3, 1979 3. CIP Budget Revision Tied to the above two items is the proposed CIP Budget Revision. (A) We do not approve of the recommendation. (B) The Chamber has stated in a report to Council in 1976 and again in 1977 the following: "The sales tax should be continued beyond March of 1980 if it is required to complete the planned program." The Chamber strongly recommends that Council extend the sales tax to April, 1981. This would allow for additional 3 to 4 million dollars to complete the Capital Im- provements Program voted on by the people. It would allow: amore functioralremodeling program of old City Hall for the police department, rather than just additional phones, a dispatch center and new carpeting and paint; and the construction of the pool and rink, based on the figures in the report. In essence, it should allow for completion of the CIP. It would: not allow for the unfunded liability for street oversizing. This expenditure should not be authorized at this point in time until a decision is made on the above. It is our opinion that no additional dollars from the 1-cent sales tax voted for the CIP should be spent until completion of the pool, rink, old City Hall and open spaces and trails. 4. We realize that our recommendation of no election will make the budgeting process for 1980 more difficult. However, we believe at this point in time that it is absolutely necessary. For one thing, it will allow the systems to begin working properly; it will provide time for evaluation of the total financial picture during general budget hearings; and finally, it will allow the City time to establish a full study of,the�capital needs of the community. -513- July 3, 1979 Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, that the item of Sales Tax Extension be taken up on July 17, 1979. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. Councilmembers considered the two reports and further discus- sed holding any decision until the sales tax extension is considered. Councilwoman Reeves made a motion, seconded by Councilman St. Croix, Under Municipal Budget to approve attachment "A". Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. Following is attachment "A" from the Municipal Building Budget: MUNICIPAL BUILDING BUDGET Spent through May 30, 1979 ' New Building Additional outstanding bills Brickwork (solar tank) South Parking lot Site work (irrigation and low maintenance plantings) North lot (minimal treatment pavers, etc) Old Building Telephones Police dispatch Carpeting and paint Contingency 9 1 -514- TOTAL $2,269,931 57,440 5,000 63,000 55,000 " 5,000 22,000 30,000 8,000 16,500 $2,531,871 July 3, 1979 Ordinance Adopted on First Reading Rezoning Raintree Properties Prior to starting the hearing on the rezonings, City Attorney ' Liley reviewed the rezoning criteria below: REZONING CRITERIA I. Quasi -Judicial Hearing A. Evidence B. Findings C. Decision based on findings II. Criteria for Findings A.-" In the past, "had to be based on - changed conditions (e.g..traffic patterns, surrounding land uses) or - mistake (i.e..either that Council thought it was rezoning. ' property to different zone or that it based its findings on information which was materially false - not that the Council's decision in retrospect was inappropriate) B. In 1976, Colorado Supreme Court in King's Mill case enunciated new standard for rezonings 1. If proposed rezoning is in compliance with Master Plan or Comprehensive Plan or equivalent,. then only need to justify based on general welfare considerations, i.e. compatibility with adjacent land uses, traffic impact, need for additional zoning of that type, available facilities, etc.) 2. If rezoning is not in accordance with Master Plan, then must show changed conditions or,mistake as outlined above. -515- July 3, 1979 Following is the City Manager's memorandum on this item: "This is a proposal for a rezoning request for a 37.3685 acre parcel at the northwest corner of Shields and Drake Street, south of Rolland Moore Park. The zoning breakdown is as follows: Existing Zoning Proposed Zoning R-L: 4.574 acres RMP: 30.36 acres R-P: 12.7012 acres BP 7.0 acres R-M: 8.1561 acres R-H: 11.9372 acres B-P: 8.1455 acres (not included in the rezoning) The subject property was rezoned from R-L to the existing zoning in 1966. City Council approved a P.U.D. known as Parkview Estates P.U.D. in May of 1978 which included 24 acres occupying the R-H, R-M, and R-L zones. The remaining R-P and B-P were not included at that time. This rezoning request to RMP of 30.36 acres if developed to its maximum density could create 607 residential units with a variety of housing types. The request for an additional 7.0 acres of B-P is situated directly ad- . ' jacent to the existing 8.1455 acre planned business area. This total area, would then house a "neighborhood/community office oriented" complex. By r increasing the B-P acreage the developer is not so limited in design al- ternatives, and this would allow a better planned commercial center. Planning staff recommended to the Planning and Zoning Board approval with the understanding that all uses in the zone be permitted only as part of a P.U.D. Staff will come back with a zoning agreement on the uses allowed at the time of second reading. On June 11, the Planning and Zoning Board approved the rezoning for the following reasons: 1. That the necessary utilities and public services are avail- able to service the proposed uses; 2. That the enlarged B-P area would provide more flexibility leading to superior site design of a "community -size" com- mercial center; 3. That the petition` is in accordance with the City's "Goals and Objectives". Staff recommends approval." 1 -516- July 3, 1979 Chief Planner, Curt Smith, identified the area in question and spoke to the Planning & Zoning Board and staff recommen- dations for approval. Mr. Carr Bieker, representing the petitioner, spoke, in sup- port of the rezoning request. Councilwoman Gray spoke against this rezoning request because she felt this was not intended as a neighborhood center. Councilman Wilkinson made a motion, seconded by Councilman Kross, to adopt Ordinance No. 75, 1979. Yeas: Councilmem- bers Bowling, Kross, St. Croix and Wilkinson. Nays: Coun- cilmembers Gray and Reeves. THE MOTION CARRIED. An agreement on the P.U.D. will be brought back to Council prior to second reading of the Ordinance. Ordinance Denied on First Reading Rezoning Property Known as the Hoffman Rezoning Following is the City Manager's memorandum on this item: " This is a petition to rezone approximately 14 acres from its existing R-M-P to R-L-P located west of Taft Hill Road, north of Elizabeth and south of Skyline Mobile Park. The property is presently improved with two existing single-family residences and Bethel Baptist Church, with the remaining area vacant. Planning staff recommended denial of this down zoning request to the Planning & Zoning Board. Reasons are outlined in the attached report. At their June 11 meeting the Planning & Zoning Board concurred with staff and voted unanimously to deny the rezoning for the following reasons: 1. That there is a need for medium density residential uses in the community as would be provided by the existing zone; 2. That the existing zone would be more compatible with the abutting medium density residential and high intensity commercial area; 3. That the property's location in relation to shopping, Colorado State University, and City Park makes it desirable for medium density residential uses; J -517- ' July 3, 1979 ' 4. That the necessary utilities and public services are available to accommodate medium density uses; and, 5. That the present R-M-P zoning is in accordance with the City's. Goals and Objectives. There was neighborhood input at the Planning & Zoning Board public hearing both forandagainst the proposed rezoning. Staff recommends denial. , Chief Planner, Curt Smith, identified the area in question and spoke to the recommendation for denial. Attorney William Allen, representing owners of property to the west spoke in opposition to the rezoning request. Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to deny Ordinance No. 76, 1979, on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wil- kinson. Nays: None. THE MOTION CARRIED. Ordinance Denied on First Reading Rezoning the American Baptist Church Properties Following is the City Manager's memorandum on this item: " This is a request to rezone two lots (1105 West Myrtle and 605 South Shields) from R-L to R-H. The applicant is the American Baptist Church. These two lots currently house two single-family residences and a parking lot. The church is.requesting this change to a higher intensity to provide office space, day care, and other uses which are currently not allowed in the R-L zone. Planning Staff recommended denial to ttie`':Planning & Zoning Board for the following reasons: 1. The proposed uses are not compatible with the surrounding existing single-family residences. 1 -518- July 3, 1979 2. .The higher intensity uses would substantially increase the traffic on one of the most congested areas of Shields Street 3. There is no additional need for R-H zoning in this area. 4. This could establish a precedent for future resoning requests along Shields Street. 5. Surrounding property owners feel that a parking problem already exists due to the close proximity of Colorado State University and other higher density residential areas. on June 11 the Planning & Zoning Board held their public hearing on this item. There was neighborhood opposition at the meeting. The Board agreed with staff comments and unanimously recommends denial for the staff reasons stated above. Staff recommends denial of this rezoning." Chief Planner, Curt Smith, identified the area in question and spoke to the recommendation for denial. Councilman Wilkinson made a motion, seconded by Councilman Kross, to deny Ordinance No. 77, 1979. on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and I Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Rezoning Sunstone Properties Following is the City Manager's memorandum on this item: " This is a rezoning request for a 151-acre parcel from T-Transition to R-L-P, located on the northeast corner of Harmony and Timberline Road. The applicant is TKG Investments, c/o ZVFK Architects, and they intend to develop this property as a P.U.D. with mixed residential densities and utilization of the commercial allotment. This property is part of a 275-acre annexation in 1977. known as the Harmony 3rd Annexation, which also includes Harmony Road Mobile Home Park. Council previously approved, zoning the Mobile Home Park to MM, Medium Density Mobile Home District, with"the remaining as T-Transition. The planning staff recommended to the Planning & Zoning Board `approval to zone the property to R-L-P, with the understanding that all uses;permittpd , be only as a P.U.D. -519- July 3, 1979 At their June 11 meeting, the Planning and Zoning Board recommended approval of the planning staff recommendation. The Board felt that the uses allowed would be compatible with those of surrounding uses. The petitioner under- stands and agrees to the Board's recommendation. Staff will come back with a zoning agreement on the uses allowed at the time of second reading. Staff recommends approval of this Ordinance on first reading. " Curt Smith identified the area in .question and spoke to the staff and Planning and Zoning Board recommendations for approval. Mr. Carr Bieker of ZVFK, representing the applicant, spoke in support of the rezoning request. Councilwoman Gray made a motion, seconded by Councilman Wil- kinson, to adopt Ordinance No. 78, 1979, on first reading. Yeas: Councilmembers Bowling, Gray,..Yross, Reeves, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Rezoning the Silverplume Property Following is the City Manager's memorandum on this item: liThis is a proposal to rezone 29.5 acres from R-L-P and B-P, to R-P located on Swallow Road, east of Dunbar. The applicant is Bruce Miller, c/o ZVFK Archi- tects and Planners. This site is proposed to be developed as a P.U.D. The present R-L-P zoning at 6 dwelling units per acre would.permit 143 dwelling units. The B-P zoning would allow 740,520 square feet total floor area to be built at the R-H density. The justification for this rezoning is as follows: 1. The request conforms to the adopted Goals of the City; 2. There are adequate infrastructure facilities to support the request; 3. The request will not -'have an adverse or negative:. impact on the area. ' -520- July 3, 1979 The ordinance does not permit density shifting from the B-P zone into the R-L-P zone. The land uses and densities have strictly limited their prospective ' areas. This rezoning will not increase overall intensity but will spread the allowable density from one area into another.area.to achieve an overall density that's acceptable. The planning staff recommended to the Planning & Zoning Board approval of this request. At their June 11 meeting, the Board voted unanimously for approval. Staff recommends approval." Chief Planner, Curt Smith, identified the area in question and reviewed the recommendation for approval. Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 79, 1979, on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on--Firs-t Reading Rezoning Property Known as the ' Prospect Lemay Office Park Rezoning Following is the City Manager's memorandum on this item: "This is a proposal to rezone 3.88 acres from R-L to R-H, located on the northeast corner of Prospect Street and Lemay Avenue. The applicant pro- poses to develop the property as a P.U.D. for a medical office and pro- fessional office complex. Planning staff recommended approval of this request to the Planning & Zoning Board subject to the following conditions: 1.. That only medical and dental clinics and office uses be permitted on this parcel. 2. That any development be subject to a planned unit develop- menV application and review process of the City.of .Fort . Col l'i ns . 3. That the applicant record these restrictions' with County and submit proof of recording to the Planning Department. -521- July 3, 1979 ' At their June 18 Planning and Zoning meeting the Planning and Zoning Board held a public hearing and there was neighborhood opposition and support present. The Planning and Zoning Board unanimously recommended approval with the understanding that all uses in zone be permitted only as part of a P.U.D. Staff will come back with a zoning agreement on the uses allowed at the time of second reading. Staff recommends approval." Curt Smith, identified the area in question and reviewed the recommendation for approval. Attorney Arthur March Jr.., representing the neighbors stated for the record, that the neighbors were concerned with just a straight out rezoning to R-H without limitations. If the P.U.D. moves forward as proposed and with the conditions imposed, then they will withdraw their opposition. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 80, 1979, on first reading. ' Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. An agreement on this rezoning will come back at second read- ing of the ordinance. 1 Ordinance Adopted on First Reading Zoning CSURF Properties Following is the City Manager's memorandum on this item: This is a City -initiated zoning request for approximately 242.1 acres of land owned by the Colorado State University Research Foundation. The properties included wiih;n'.thislapplication are: I. Hahn Farm at the northeast corner of Shields and Drake, approximately 153. acres. -522- July 3, 1979 2. Bay Farm, an irregular shaped parcel on the south side of West Prospect between the Colorado and Southern ' railroad tracks and Whitcomb Street. This tract also includes a small wedge shaped parcel on the east side of the railroad tracks, approximately 87.6 acres.. 3. Bunts Tract, located south of West Prospect and west of the C & S railroad tracks, approximately 1.3 acres. 4. Jones Tract, located north of Lake Street, west of the C & S railroad tracks, approximately .2 acres. This land.was previously annexed to the City. During a rezoning of other property owned by CSURF, it was learned the above properties were owned by CSURF and not by the State of.Colorado. The City recommends the unzoned land be zoned T-Transition, which will require further zoning to an appropriate district rp for to the issuance of a building permit. At their June 11 meeting, the Planning and Zoning Board voted unanimously for approval. Staff recommends approval." Chief Planner, Curt Smith, identified the area in question ' and reviewed the recommendation for approval. Mayor Bowling and Councilman Wilkinson, at this point stated it had just been discovered thatthis property abutts property which they own, therefore, they would withdraw. Vice -Mayor Gray chaired the meeting. Councilman St. Croix made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 81, 1979, on first reading. Yeas: Councilmembers Gray, Reeves and St. Croix. Nays: Councilman Kross. (Councilman Bowling and Councilman Wil- kinson out of room). THE MOTION CARRIED. -523 ' 1 July 3, 1979 Feeney P.U.D., Preliminary Approved Following is the City Manager's memorandum on this item: "This is a preliminary proposal for a 2.2 acre commercial P.U.D. located east of College Avenue west of Mitchell Drive south of Horsetooth Road zoned H-B „Highway Business. The P.U.D. consists of a drive-in restau- rant, two commercial buildings and requisite parking. All surrounding zoning is also H-B. The land use breakdown is as follows: Land Area -------------------------- Building Area Building A Building B Building C (Drive -In Restaurant) - (Commercial)---------- (Commercial)---------- 93,733 sq. ft. 2,398 sq. ft. 6,000 sq. ft. 6,000 sq. ft. Total --- 14,398 sq. ft. Parking area --=--------------------- 52,436 sq. ft. Sidewalk area ----------------------- 6,202 sq. ft. Landscaped area --------------------- 20,687 sq. ft. Parking provided -------------------- 92 spaces area (2.15 acres) (15%) (56%) ( 6%) (23%) (156 sq. ft. floor per space) Planning staff recommended to the Planning & Zoning Board approval contin=- gent upon the developer agreeing to seven conditions as listed in the Planning Report. At their May 7th meeting, the Planning & Zoning Board voted 6 - 1 for approval attaching only IV - 2(a) of the Planning Report as a 'condition. Council considered this at the June 12th work session and concurred with the staff condition IV - 2(b), all other conditions have been mutually accepted by the applicant and the staff. Staff recommends approval subject to the applicant addressing the condition to allow for ingress and egress of the adjoining properties through the site, with access easements." -524- July 3, 1979 Curt Smith, Chief Planner, stated the petitioner has agreed to the conditions. Councilmembers again requested that the adjacent property. owners be put on notice that when Mitchell Drive is com- pleted twocurb cuts will be closed. Councilwoman Gray made a motion, seconded by Councilman Wilkinson, to approve the Feeney PAJ.D. Preliminary. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilkinson. Nays: None. THE MOTION CARRIED. Other Business Mayor Bowling requested a letter be sent to K-mart compli- menting them on the landscaping they have accomplished around the area. Adjournment The meeting was adjourned to July 10, 1979 at 1:00 p.m. The meeting was adjourned at 10:00 p.m. ATTEST: Mayor -525- '