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HomeMy WebLinkAboutMINUTES-03/14/1978-AdjournedMarch 14, 1978 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Adjourned Meeting - 5:30 P.M. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, March 14, 1978, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Coun- cilmembers: Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Absent: Councilman St. Croix. Staff Members Present: Arnold, Deibel, Kaplan, Bingman, Sanfilippo, McGraw, Lanspery, Liley and Krajicek. Also: City Attorney Arthur March, Jr. ' Consent Calendar Items These are items of a routine or non -controversial nature, on which a unanimous vote of approval is expected. Any- one 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: 3. Consider approving the minutes of the regular Coun- cil meeting of February 21, 1978. 1 In order to correct an error in these minutes as first distributed pages 110 through 117 have been revised and will be distributed at or before this meeting. This action of the Council shall be on these revised minutes. We recommend approval of these revised minutes. 130 March 14, 1978 4. Second Reading of Ordinance No. 20, 1978, being an ordinance amending Ordinance No. 128, 1977, and changing the description of the portion of the ease- ment vacated by such ordinance. This ordinance was passed on first reading at the February 21, 1978, Council meeting and corrects an error in the description vacating a part of an ease- ment in the original Ordinance No. 128, 1977. We recommend passage. 5. Second Reading of Ordinance No. 21, 1978, amending the Code including bars as a permitted use under certain circumstances in the B-P, Planned Business District. This ordinance was passed on first reading at the February 21, 1978, Council meeting. It would per- mit bars in the B-P, Planned Business District if it was specifically designated on the unit develop- ment plan and Council felt it was appropriate for the particular site. We recommend passage. 6. Contract Limiting the Uses of the Cunningham Corner Second Annexation. This contract limits the types of uses to which this property could be put, i.e. regional recreational uses plus accessory uses thereto as defined in the contract, and further that the property must be de- veloped as a P.U.D. within five years of approval of the rezoning. We recommend approval. 7. Second Reading of Ordinance No. 19, 1978, zoning property known as the Cunningham Corner Second Annexation. (Tabled from 2/21/78) This ordinance was passed on'first reading at the February 7, 1978, Council meeting. This ordinance zones the property known as Cunningham Corner Second Annexation and is for 12.6 acres zoned Conditional H-B (see contract above) and 26.2 acres zoned R-P. We recommend passage. 8. Canvass of Downtown Election of February 21, 1978. Council is to receive the official canvass of the Downtown Development Authority Election held Feb- ruary 21, 1978. 1 131 March 14, 1978 ' 9. Approval of Rates Relating to Release of Criminal Justice Records. The State law requires that charges for records checks and copies be approved by the governing body. Therefore, these are submitted for Council approval. We recommend passage. 10. Proposed Chaffee Ditch Agreement. This proposed agreement would acquire water rights, facilities, and easements for the Chaffee Ditch. There would be no money transferred by this ac- quisition, but certificates would be issued to the owners. Water Board recommends approval. 11. Amendment of a Part of the Landings P.U.D., First Filing (being a replat of Lots 50-54 and Tracts D, E, F, M, Landings P.U.D., First Filing.) This is a final plat for a 20-unit townhouse de- velopment on 2.5 acres zoned R-P, Planned Residen- tial District, located south of Horsetooth Road on Spindrift Court. Staff recommends approval. 12. Brown Farm Subdivision, Fourth Filing, Final Plans. This proposal is for 77 single-family lots on 29.6 acres zoned R-L, Low Density Residential District, located on West Drake Road, west of Taft Hill Road. We recommend approval. 13. Woodwest Subdivision, Seventh Filing, Final Plat. This is a final plat for 200 single-family lots on 64.57 acres zoned R-L, Low Density Residential District, located east of South Shields Street and south of West Swallow Road. We recommend approval. The following items were withdrawn from the Consent Calendar: Item No. 6 Item No. 7 Item No. 9 Item No. 13 132 March 14, 1978 The ordinances presented for adoption on second reading were read by title by Deputy City Clerk Wanda Krajicek as follows: 4. Ordinance No. 20, 1978, being an ordinance amending Ordinance No. 128, 1977, and changing the descrip- tion of the portion of the easement vacated by such ordinance. 5. Ordinance No. 21, 1978, amending the Code including bars as a permitted use under certain circumstances in the B-P. Planned Business District. Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Mayor Bloom stated Council would go back to the items which were removed from the Consent Calendar. ' 6. Contract Limiting the Uses of the Cunningham Corner Second Annexation Tabled. Second Reading of Ordinance No. 19, 1978, Zoning Property Known as the Cunningham Corner Second Annexation Tabled. City Manager Arnold asked that Items 6 and 7 be tabled to April 4, 1978. Councilwoman Gray made a motion, seconded by Council- man Bowling to table Items 6 and 7 to April 4, 1978. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 9. Rates Relating to Release of Criminal Justice Re- cords Approved. Following is the City Manager's memorandum on this item: 133 March 14, 1978 On January 1, 1978, House Bill 1597 pertaining to criminal justice records and their release became law. We have subsequently modified our Police De- partment's records policy to comply with this new State law. The State law, however, requires that charges for records checks and copies be approved by the gover- ning body. The charges for these requests set forth in our records policy are as follows: REOUEST AND'COPY COSTS 1. Request $1.25 2. Copy (per page) .50 3. Mail -in requests 2.00 4. Certified copies 2.00 5. Photographs Attendant Expenses 1. Whenever a person, other than a criminal justice agency, requests to view any record or report, there will be a charge of $1.25. 2. If the person then u reqests copies of any report, they will be charged 9 .50 per page. ' 3. Mail -in records checks will cost the requestor' $2.00. 4. Certified copies will be supplied at the cost of $2.00 per case. 5. If copies of photographs or other information which cannot readily be copied in Records are requested, the person shall be.charged the re- tail rate for this service. These charges are meant to offset actual clerical time, supply and equipment costs. They are in line with fees charged by other governmental agencies providing similar services." City Manager Arnold pointed out that what had been done with this particular policy tracks exactly what the State law provides and the only discretionary point is what to charge for the fees as provided. He noted that it did not cover any media (radios and newspapers) and that they would be treated the same way they have always been treated. Councilwoman Gray asked what the final disposition proce- dure was and how the cooperation with the judiciary is ' with regards to getting dispositions. 134 March 14, 1978 Division Chief Dave Feldman stated that they had had some ' difficulty getting dispositions and that what they do get are return booking sheets with some sort of a disposition written across them. They are not consistent and there is a tremendous time lag. Carolyn Dyer,, Assistant Professor of Journalism at Colorado State University, commented on the policy's intent not to apply to the news media, but asked that this provision be made a part of the content and that the media be specifically exempted. City Manager Arnold stated that there was no objection to the addition of such an exemption statement or clause. Assistant City Attorney Liley advised that no official action would need to be taken on the policy as it was an administrative prodecure. Councilwoman Gray made a motion, seconded by Councilman Bowling to approve the rates for the records checks and copies as set forth in the Police Department record in- spection policy. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. I THE MOTION CARRIED 13. Woodwest Subdivision, Seventh Filing, Final Plat Approved Conditionally. Following is the City Manager's memorandum on this item: "This is a revised proposal for 200 single-family lots on 64.57 acres zoned R-L, Low Density Residen- tial District, located east of South Shields Street and south of West Swallow Road. The applicant is Wood Brothers Homes, 2109 South Wadsworth Boulevard, Denver, Colorado, 80227. The Planning and Zoning Board originally approved a preliminary plan for the entire Woodwest Subdi- vision in July of 1971. Since that time six final plats generally comprising the area bounded by West Drake Road, West Swallow Road, the South Meadowlark Heights Subdivision, and South Shields Street have ' been approved. The applicant submitted a revised preliminary plan for the unplatted area south of 135 March 14, 1978 ' Swallow Road. This preliminary was approved by City Council in November, 1975. The final plat is in conformance with the approved preliminary. The conditions for preliminary appro- val have been met. Land Use Breakdown Total area ---------------------- 64.57 acres Total lots ---------------------- 200 lots Density ------------------------- 3.1 d.u.'s/acre Typical lot size ---------------- 7,700 sq. ft.„ City Manager Arnold noted that the subdivision agreement was not signed but that staff would like the plat ap- proved subject to having the subdivision agreement signed. Councilman Bowling made a motion, seconded by Councilman Wilkinson to approve the Woodwest Subdivision, Seventh Filing, final plat subject to the signing of the sub- division agreement. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Vacati a Portion of Buckeye Street in Moore's First A Following is the City Manager's memorandum on this item: "During consideration of rezoning the Chenoweth, Smith, Sibelrud South College property on January 17, Council discussed vacating a portion of Buckeye Street as re- quested by the petitioner. The west portion of Buckeye Street, which we are re- questing be vacated, has never been opened as a public street, nor do we anticipate the need to do so in the future. If Council approves this ordinance, ownership of one-half of the street (that portion adjacent to Lot 6 in the alley in Moore's First Addition) would revert to Chenoweth, et al. The City would retain ownership of the remaining portion because of its own- ership of the park adjoining that portion." ' Councilman Russell asked for a clarification on this matter. 136 March 14, 1978 City Attorney March stated that Buckeye was platted as a full street connecting Remington to College Avenue, but .that only half had ever been installed. This would vacate the portion that has never been put in from the alley west to College Avenue. As a result, the north half will revert to the adjoining property (log cabin property) and the other half will revert to City owner- ship. Mr. Nick Chenoweth, owner of the log cabin and petitioner, pointed out that there was a utility agreement on the pro- perty that would not allow building and that at the time of the rezoning he was allowed one curb cut. If Buckeye is supposed to be a street, he could request .that it be put in, but instead had petitioned for the vacation. Councilman Wilkinson made a motion, seconded by Council- man Bowling to adopt Ordinance No. 22, 1978, on first reading. Yeas: Councilmembers Bloom, Bowling, Suinn and Wilkinson. Nays: Councilmembers Gray and Russell. THE MOTION CARRIED Ordinance Adopted as Amended on ' First Reading Providing that the Human Relations Commission May Hold Closed Meetings Following is the City Manager's memorandum on this item "At the February 9, 1978, Work Session the City Council discussed a proposed citizen complaint procedure which would establish a detailed administrative guideline for handling citizen complaints filed against Police Officers. In order to implement this procedure, the Human Relations Commission needs authority to hold closed meetings for .the exclusive purpose of considering confidential information relating to complaints filed against Police Officers. The ordinance would accomplish this. The proposed administrative complaint procedure is pre- sented to Council for informational purposes only and does not require official action. The proposed ordinance would, however, have to be adopted by the Council." 1 137 March 14, 1978 ' City Manager Arnold noted that this was a follow-up to the Police Complaint Procedure and that Assistant City Attorney Liley had some new language to add to the ordi- nance to "tighten up", as it was felt that the ordinance allows too much discretion in terms of closed meetings. Assistant City Attorney Liley made the following sug- gested amendments: "Section A - add the.word 'and' following the phrase 'the Building and Contractor's Licensing Board' and eliminate the phrase 'and the Human Relations Commission' which follows also the phrase 'the Building and Contractor's Licensing Board'; and then add a section at the end of the paragraph which would read 'Further, the Human Relations Commis- sion shall have the authority to hold closed meetings for the purpose of receiving and considering evidence relating to a citizen complaint against a member of the. Fort Collins Police Department.' This amendment would have the effect of limiting their ability to hold closed meetings to that particular circumstance --considering the personnel folder of the Police Officer." Councilwoman Gray made a motion, seconded by Councilman ' Wilkinson to approve the amendment as stated above. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Councilman Wilkinson made a motion, seconded by Council- man Suinn to adopt Ordinance No. 23, 1978, as amended on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Repealing Chapter 53 of the Code of the City of Fort Collins Pertaining to Food Following is the City Manager's memorandum on this item: "In December, the Assistant City Attorney investigated the usefulness of a contract between the City and CSU ' in which the City is required to pay CSU for testing 138 March.14, 1978 water and milk samples. In pursuing this matter, we , discovered that the provisions of Chapter 53 are no longer being observed or enforced by the City. This chapter entitled 'Food,' contains three articles deal- ing with milk, meat and perishable foods, and ice. A City Food Inspector is required to make inspections and pursue enforcement in all three areas. We have not had a Food Inspector for some time, and are not attempting to enforce Chapter 53. All areas within Chapter 53, however, are regulated by State law and are enforce- able by the County Health Department. For this reason, we recommend that Chapter 53 be repealed." City Manager Arnold stated that this was a house -keeping item. The ordinance is on the books but there no longer is that function. Councilman Wilkinson made a motion, seconded by Council- woman Gray to adopt Ordinance No. 24, 1978, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED ' Ordinance Adopted on First Reading Annexing Property Known as the Trend Homes Second Annexation Following is the City Manager's memorandum on this item: "This annexation would annex 82.95 acres at the north- east corner of Horsetooth Road and South Taft Hill. The requested zoning is R-L. Council previously approved Trend Homes First Annexation which annexed 73.85 acres on Horsetooth Road just east of South Taft Hill. The Trend Homes First Annexation provides the necessary legal contiguity for this annexa- tion. . In the area included in Trend Homes Second Annexation, there are available City utility services, as well as commercial services, employment centers, schools, and collector and arterial streets. All these services provide an urban orientation for the area. 1 139 1 I March 14, 1978 As Planning notes, annexation of this area would ba- lance our southern growth pattern which has recently taken a southeastern orientation. We do recommend, however, that the zoning of this par- cel be R-L-P (as opposed to R-L), in order to encourage City site plan review. R-L uses and single-family sub- divisions are allowed in the R-L-P zoning district. Planning and Zoning Board unanimously recommended ap- proval of this annexation with R-L-P zoning." Councilwoman Gray asked if the urban service area had discussed this. Councilman Wilkinson replied that it had been OK'd by them. Councilman Bowling made a motion, seconded by Council- man Wilkinson to adopt Ordinance No. 25, 1978, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Zoning Property Known as the Trend Homes Second Annexation Following is the City Manager's memorandum on this item: "This is the ordinance zoning the property known as Trend Homes Second Annexation. The petitioner requested R-L zoning. Both staff and the Planning and Zoning Board recommend that the zoning be R-L-P in order to encourage City site plan review. This zoning should be acceptable to the petitioner. Included for Council's consideration is an ordinance zoning this property R-L and an ordinance zoning the property R-L-P. We are recommending approval of the ordinance zoning the property R-L-P." Councilman Russell stated that the R-L-P is the proper zoning; therefore, version "B" is the ordinance to be adopted. 140 March 14, 1978 Councilman Russell made a motion, seconded by Council- woman Gray to adopt Ordinance No. 26, 1978, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell., Suinn.and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Tabled on First Reading Regarding Electrical Contractors and Electricians -- Registration and Registration Fees Councilman Wilkinson voiced the opinion that businesses are already loaded with paperwork and this adds a further burden and that he felt it was not necessary. Instead, he suggested that businesses be allowed to give an average for the year, based on yearly average of employees and pay at the time they pay their license fee. City Attorney March noted that a report would only be made if there was a change in personnel. Councilman Bowling agreed with Councilman's Wilkinson's statements and reported that he had had angry calls con- cerning this. He recommended tabling this item to allow staff to come up with the simplest system for administer- ing this that can be arrived at after checking with the small business people. City Attorney March stated that he felt he could refine the ordinance during the meeting and recommended that it be tabled until then. Councilman Wilkinson made a motion, seconded by Council- man Bowling to table Ordinance No. 27, 1978, on first reading until later in the meeting. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED (Secretary's note: This item was not considered again at this meeting.) 141 March 14, 1978 Ordinance Tabled on First Reading Amending the Uniform Mechanical Code Following is the City Manager's memorandum on this item: "Ordinance No. 28 amends the 1976 Uniform Mechanical Code. Included is a report from Bill Waldo, Chief Building In- spector, outlining reasons for the most significant changes. These changes were compiled after many discussions with the Code Committee, and Building Board of Appeals. A brief description of the significant amendments follows: 1. Section 2215-6: Amended to prohibit any appli- ance utilizing liquified petroleum gas from be- ing installed in a pit, basement, or below grade. 2. Section 2222: Amended to provide that any appli- ance depending on the combustion of fuel for heat be prohibited from installation in sleeping rooms, bathrooms and clothes closets. 3. Section 2214: Amended to permit administrative authority to limit use of flexible gas connectors. Council previously expressed some concern regarding the requirement for ladders on one-story buildings. A memo from the Building Inspection Department addresses this issue. Council may want to reword Section 710(h) of the 1976 Uniform Mechanical Code to read, under exception No. 2: 2. For appliances on a single -story building or on a single -story portion of a building, a portable ladder may be used. An amendment to the ordinance would be necessary to accom- plish this change. In adopting a Code by reference, the official hearing is the second reading, and the first reading merely starts the process. The second reading of this ordinance is scheduled for April 4, 1978." Chief Building Inspector Waldo answered questions from Council relative to the use of combustion appliances and c fireplaces in sleeping areas. 142 March 14, 1978 City Attorney March stated that if Council wanted to add the section on the portable ladder, the ordinance wording would have to be changed. He recommended tabling this item until later in the meeting to allow time to write the. language. Councilwoman Gray made a motion, seconded by Councilman Wilkinson to table Ordinance No. 28, 1978, on first reading until later in the meeting. Yeas: Councilmem- bers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: Councilman Russell. THE MOTION CARRIED Ordinance Adopted on First Reading Amending the Uniform Plumbing Code Following is the City Manager's memorandum on this item: "Ordinance No. 29 amends the 1976 Uniform Plumbing Code. Bill Waldo's report included with the preceding item outlines reasons for the most significant changes. These changes were compiled after discussions with the Code Committee, and Building Board of Appeals. A brief description of the significant amendments follows: 1. Section 317D: Eliminates requirement that back - fill material in trenches be properly compacted. 2. Section 317E: Amendment would permit water lines to be layed in the same trench with sewer or drainange piping without complying with listed requirements if approved metallic pi- ping is used. 3. Section 409(a): Amendment deals with backwater valves. The necessity for backwater valves shall be the determination of the administrative autho- rity. 4. Section 912: New section requiring watersaving devices for plumbing fixtures. (This was ap- proved by the Water Board.) 5. Section 1007(b): Amendment would permit water pressure to increase to 100 pounds per square inch where local pressure exceeds 80 pounds per square inch. 143 1 1 0 In adopting a Code by reference, the second reading, and the first the process. The second reading scheduled for April 4, 1978." March 14, 1978 the official hearing is reading merely starts of this ordinance is Chief Building Inspector Waldo gave background information regarding the extensive review process that was involved in the drafting of this ordinance and noted that many compliments had been received in connection with this re- view process. He answered questions relative to the changes outlined in the City Manager's memorandum. Councilwoman Gray made a motion, seconded by Councilman Russell to adopt Ordinance No. 29, 1978, on first read- ing. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. ;Nays: None. THE MOTION CARRIED Ordinance Adopted as Amended on First Reading Amending the Uniform Mechanical.Code City Attorney March stated that the amendment should read as follows: "C. EXCEPTION to Section 710(h) is amended to read as follows: 'For appliances on a single -story building or on a single -story portion of a building, a portable ladder may be used.'" He further stated that all subsequent sections should be re -lettered accordingly. Councilman Suinn made a motion, seconded by Councilman Russell to add an amendment to Ordinance No. 28, 1978, as stated above. Yeas: Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 144 March 14, 1978 Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 28, 1978, as amended on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED P.U.D. Requirements for B-L Uses -in the H-B Zone Clarified Following is the City Manager's memorandum on this item: "The H-B zone allows the same uses which are permitted in the B-L zone without a P.U.D. and also allows uses per- mitted in the B-G zone. Formerly, the staff's interpre- tation of this requirement was to permit any use which was allowed as a B-L use with just requiring a landscape plan and not a P.U.D. on January 10, 1978, Gene Mitchell appeared before the Council and suggested that a more restrictive interpre- tation should be made which would require a P.U.D for any uses which are permitted in both the B-L and B-G zones. This more restrictive interpretation was based upon Section 118-12(b) which provides that the more re- strictive requirements of two provisions both applying to the same subject would control. The Council accep- ted Mr. Mitchell's recommendations. Since there are practically no B-L uses which are not also B-G uses, the effect of this interpretation has caused the Building Department to refuse permits for any business uses in this zoning without a-P.U.D. This has caused substantial delays for proposed developments in the South College area. Also, many tracts exist in this area which are not two acres in size and, therefore, un der this interpretation development will require a vari- ance from the 2-acre limitation in almost every case. The University National Bank was in the process of de- veloping a new bank site on South College Avenue when the change in interpretation was made. They have re- quested time on this agenda to discuss this problem with the Council. We ask that Council hear the concerns of the interested parties on this subject and consider a different inter- pretation of the ordinance. 1 1 145 March 14, 1978 ' Both Building Inspection and Planning feel that site plan review for B-L uses in the H-B zone would be ade- quate. Staff for these departments will be present at the meeting to discuss this issue." City Manager Arnold asked that Council listen to comments from interested parties and then after discussion consi- der removing the restrictive interpretation on this is- sue that Council took action on in January. Jim Martel, representing William Franz, spoke to the is- sue as it applies to his client. He stated that Mr. Franz proposes to remodel the garage on his South College Ave- nue property and extend the garage to accomodate small offices and retail stores. Mr. Franz was recently in- formed that he could not do this remodeling or construct the stores because he now had to submit a P.U.D based on a new interpretation of H-B zoning. He felt that this interpretation might lead to serious problems in that a person who owns one building or one lot could not con- struct on that because he could not develop it as a P.U.D. A variance would have to be obtained because it ' is under two acres, an elaborate process including con- ceptual review, preliminary and final plans through Plan- ning and Zoning, and Council approval would have to be followed. He asked that Council reconsider their prior interpretation and to interpret in the opposite direction. Loyd K1emz, representing University National Bank, ex- pressed his feelings on what this restrictive interpre- tation does to them on their property at 2000 South Col- lege. It was purchased with the intent of building a new banking facility. Their architect has been meet- ing with City Building Inspection officials over the past nine nonths to comply with City zoning and building codes. The change caught them by surprise when on March 2, 1978, the architect and contractor were advised that they could not obtain a building permit to proceed. He noted that considerable time and money had been expended by the Bank on this project and asked that Council allow them to continue. Maurice Cady, 1803 Whedbee, stated that he and his wife had a similar problem. They have been planning an office building for some time and this interpretation has also prevented them from obtaining a permit. 146 City Attorney March stated that the was much more workable and really pretation; and that a motion to "so rect. He noted that this would be a Work Session. March 14, 1978 old interpretation was the correct inter - move" would be cor- discussed further at Councilman Wilkinson made.a motion, seconded by Council- woman Gray to remove the more restrictive interpretation requiring a P.U.D. for B-L uses in the H-B zone. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Resolution Adopted Making Appointments To Various Boards and Commissions Following is the City Manager's memorandum on this item: "Due to resignations of members, vacancies currently exist on the Airport Board and Human Relations Commis- sion. These vacancies have been advertised through the news media. Council has received a summary report and copies of the applications under separate cover along with recommendations from the Airport Board and Human Relations Commission." Councilwoman Gray requested that Mrs. Margaret McTaggert's name be added to the list of applicants for the Airport Board. After discussion on the qualifications and backgrounds of the various applicants, Herb Carlson was selected to fill the Airport Board vacancy. Janet Wengert and Paul Thayer were selected to fill the two vacancies on the Human Relations Commission. Councilman Wilkinson made a motion, seconded by Council- man Suinn to adopt the resolution naming Herb Carlson to the Airport Board, and Paul Thayer and Janet Wengert to the Human Relations Commission. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 147 March 14, 1978 RFSOLUPICN 78-19 ' OF = COLUCIL OF THE CITY OF FORT COLLINS MCING APPOINTHEWS TO VARIOUS BOARDS S M4IISSIONS OF THE CITY OF FORT COLLINS vffn .AS, vacancies currently exist on various boards and ccmnissicns of the City because of resignations from board manbership7 and WHEREAS, the City Council desires to make appointments to fill the vacancies which exist on the various boards and ccnmissicns. NOW, 14MFU�TORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT 0OLLINS, that the following named persons be, and they hereby are, appointed as manbers of the boards and camuissions hereinafter indicated, with terms to expire as set forth after their names: Name rb Carlson ' NAME OF BOARD: Hunan Relations Commission Name Paul Thayer Janet Wengert Expiration of Term July 1, 1979 Expiration of Term July 1, 1980 July 1, 1980 Passed and adopted at an adjourned meeting of the City Council held this 14th day of March, A ., 1978. ATTEST: a�'t" ity er 148 March 14, 1978 Citizen Participation ' A proclamation proclaiming March 12-19, 1978, as Inter- national DeMolay Week was read and presented to a member of the Order of DeMolay. He in turn presented the Coun- cil with framed copies of the Constitution and the Decla- ration of Independence as part of their government obser- vance of DeMolay Week. Mayor Bloom suggested that they be hung in the new Council Chambers of the new City Hall. Paul Valentine, 322 East Oak, appeared to respond to the Mayor's challenge to provide some proposals for the con- tinued viability of the downtown area. He suggested: 1. that the City rebate the 15 mill tax levy on personal property within the Downtown Develop- ment District, 2. that the City provide some relief from the City building code for remodeling of older structures, 3. that the City complete the Downtown Beautifica- tion Project as quickly as possible, 4. that the City complete the parking portion of ' the Redevelopment Project as quickly as possible, 5. that the City improve the procedures for the ap- proval of building plans, including authoriza- tions for variances within the City, 6. that the City establish clear lines of communi- cation between the City building inspection and approval authorities and the historical societies, 7. and that the City Council be reminded that it is not responsible for the success or failure of any private business within the City. Council merely. creates an environment in which private enter- prise can prosper. He asked that the City do as many of these things as pos- sible and leave the rest to private business. Mayor Bloom announced that a meeting with interested peo- ple in the downtown area would be held March 28, 1978, at 7:00 p.m. in the Ludlow Room, at which time the seven points would be discussed. 1 149 March 14, 1978 ' Geoffrey Gothelf, 316 South Washington, appeared on be- half of the Citizen's Association to Legalize Marijuana (CALM). He gave background information on CALM and asked the Council to consider adopting an ordinance eliminating the penalties for possession of marijuana, but maintain marijuana as an illegal substance subject to confiscation. Tony Massaro, 703 West Mountain, spoke as a CALM represen- tative. He addressed the medical effects marijuana has on the user, concluding that no proof exists certifying that marijuana has harmful effects. Ray Martinez, 4108 Cork Crive, of the Fort Collins Police Department spoke to his concerns regarding the legaliza- tion of marijuana. He questioned the validity of the sur- vey reported in the Coloradoan and the term "private use." Ken Bonetti, 216 Fishback, responded to Officer Martinez' questions and stated that he felt it would be a choice time for the Choice City to lead the state of Colorado in a movement which would rationalize marijuana legisla- tion and demonstrate how effective local decision -making can be in reflecting the preference of local citizens. ' Mayor Bloom asked that a Work Session be scheduled for the middle or end of April to discuss the pros and cons of this issue and spend the time necessary to do the evaluation and research necessary. Kemper B. Riffe, Chairman, Ad Hoc Committee to Retain the R-M zone in the area located west of Shields on Mountain Avenue, presented Council with a letter from his committee. This letter requested that the Planning and Zoning Board schedule a rehearing of its vote of March 6, 1978, and that Council postpone its considera- tion of the Planning and Zoning recommendation to rezone the aforementioned area. He also requested that his com- mittee be heard at the next Council and Planning and Zoning meetings. Attached to the letter was a petition of the owners of property in the area. Mr. Riffe stated that he felt they had not been given ample notice to organize an opposition to this issue and asked for a delay in consideration of this matter. City Manager Arnold responded that this item has been scheduled for the April 18th meeting rather than the April 4th meeting and this would allow Mr. Riffe's ' committee some extra time. 150 March 14, 1978 Mr. Riffe noted that they were thinking more in terms of 90 days, to allow them to communicate with residents of the area. After discussion, Council agreed to leave the item on the April 18, 1978, meeting as scheduled. City Manager's Report City Manager Arnold stated that several high public in- terest and controversial items are to be split between the April 4, 1978, and April 18, 1978, meetings. Those are the HCI rezoning on April 4th; the Skateboard Park on April 4th; and the Mountain Avenue rezoning on April 18th. This is being done to provide seating for all interes- ted parties. City Manager Arnold noted that the Airport runway bids would be coming to Council next week and that the Boards and Commissions Banquet would be held on Friday, March 17, at the Ramada Inn. ' City Manager Arnold stated that at the Work Session of March 28, 1978, there will be a capital improvements update, a proposal for the Transfort program dis- cussion on community development funding schedule, and also housing needs that Council has expressed an interest in. Report from City Council Members on Committees Councilman Suinn reported that the Urban Services had met and will meet again on April 5, 1978. Councilman Wilkinson responded to Nona Thayer's letter regarding Collindale South, saying that he "understands her concern." He felt that Council had addressed the concerns of the 1041 Committee by lowering the density and putting the commercial property into the T-Transi- tion zone. 151 March 14,, 1978 Appeal Denied from Decision of Liquor Licensing Authority Following is the City Manager's memorandum in this item: "At its January 11, 1978, meeting the Liquor Licensing Authority voted three to two to grant tha application for a Retail Liquor Store license to M. W. and Shirley J. Kurtz dba Spring Creek Liquors at 1005 West Stuart. The Resolution granting the license was adopted on February 8, 1978. On February 9, 1978, the City Clerk received a request to appeal the decision of the Liquor Licensing Authority as provided in the Code: Copies of the transcript of the January 11, 1978, hearing were sent under separate cover. After hearing any presentations from either party, Council may: 1. sustain the decision of the Authority, 2. reverse the decision of the Authority and remand ' the matter back to the Authority with direction to deny the license, or 3. refer the matter back to the Liquor Licensing Authority for further proceedings to reconsi- der the application. To be consistent with past proceedings, Council's review should be based on the record and no new evidence allowed." City Attorney March stated that this hearing will be held "on the record" and no new evidence will be allowed. Jack Vahrenwald, attorney for the appellants, gave back- ground on the January llth hearing and asked the Council to allow him to pursue the various reasons given by the members of the Liquor Licensing Authority for granting this license by calling several persons present at the hearing to the stand. City Attorney March responded that the hearing chairman should rule on this question. Mayor Bloom ruled that he would not allow this testimony. Mr. Vahrenwald noted that there were several references to "free enterprise" in the record and that he felt that the granting of denial of a liquor license or the sale of li- quor by a store is a true free enterprise situation. He felt that these matters are regulated by Colorado State 152 March 14, 1978 law and that those regulations are necessary. The pre- ' sence of more stores makes certain unethical practices possible due to keener competition. He stated that he felt Fort Collins was reaching the saturation point which may lend itself to these unethical practices. He noted that there are two criteria to be met before a license can be granted: 1, the desires of the inhabitants of the area, and 2. the needs of the neighborhood as set by the Authority. lie stated that he felt neither of these criteria were met by the applicant and asked the Council to deny the grant- ing of the license. Mr. Gene Fisher, attorney for the applicants M. W. and Shirley Kurtz, stated that he felt the Liquor Licensing Authority had done its job without being arbitrary and capricious, and requested that their decision be sustained. Council reviewed the petitions presented and the Resolu- tion granting the license. Councilwoman Gray made a motion, decision seconded by Councilman the Liquor Licensing ' Bowling to uphold the of Authority and that the liquor license be granted. Yeas: Councilmembers Bloom, Bowling, Gray and Wilkinson. Nays: Councilmembers Russell and Suinn. THE MOTION CARRIED Appeal Tabled from the Decision of the Zoning .Board of Appeals Relating to a Non -conforming . Sian Owned by Wallace R. Noel City Manager Arnold asked that this item be tabled at the request of David Osborn, attorney for Wallace R. Noel. Councilman Bowling made a motion, seconded by Councilman Wilkinson to table the appeal until March 21, 1978. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 153 March 14, 1978 t Other Business Mayor Bloom announced that the election of the Mayor and Assistant Mayor would take place on April 4, 1978, at 5:30 p.m. rather than the previously announced April 11, 1978, at 10:00 a.m. time and date. Adjournment Mayor Bloom declared the meeting adjourned at 8:45 p.m. I ATTEST: City Clerk 1 154