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HomeMy WebLinkAboutMINUTES-04/18/1978-RegularApril 18, 1978 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Regular Meeting - 5:30 P.M. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, April 18, 1978, at 5:30 (p.m. in the Council Chambers in the City of Fort Col- lins City Hall. Roll call was answered by the follow- ing Councilmembers: Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Absent: None. Staff Members Present: Arnold, Deibel, Kaplan, Smith, Bingman, Sanfilippo, Lanspery, Frazier, 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 MTN=S OF THE REGULAR )=TNG OF APRIL 4, 1978. 4. SECOND READING OF ORDINANCE NO. 33, 1978, ANNEXING PARRWOOD EAST. This ordinance passed favorably on first reading at the April 4, 1978 Council meeting. This will annex 119 acres located north of East Drake Road and west of the U.P. Railroad tracks. Staff recommends Adoption on second reading. 5. SECOND READING OF ORDINANCE NO. 34, 1978, ZONING PAWVW EAST ANNEXATION. , This ordinance passed favorably on first reading at the April 4, ' 1978 Council meeting. This ordinance zones 31.4 acres R-P and 87.6 acres R-L-P. Staff recommends adoption on second reading. 229 April 18, 1978 6 7 9 10 11 12 SECOND READING OF ORDINANCE NO. 35, 1978, VACATING A PORTION OF MASON STREET IN EVMCLTTTER SQUARE, FMST FILING. ' This ordinance passed favorably on first reading at the April 4, 1978, Council meeting. It accomplishes the necessary vacation of Mason Street .in Bankcenter Square, First Filing. Staff recommends adoption on second reading. SECOND READING OF ORDINANCE NO. 36, 1978, REZONING BETZ-EASTGATE PROPERTY. This ordinance rezones 2.27 acres located on Riverside Avenue between Montganery Street and Pitkin Street from R-M-P to B-P. This ordinance passed favorably at the April 4, 1978, meeting. Staff reconTends approval; SECOND RFADING OF ORDINANCE NO. 37, 1978, REZONING BUCKEYE - BUC:KINGHAM PROPERTY. This ordinance rezones 14 acres located east of Third Street and south of Buckingham Street from R-M to I-P. This ordinance passed favorably at the April 4, 1978, meeti.nq. Staff. recommends adoption on second reading SECOND READING OF ORDINANCT NO. 38, 1978, REZONING ME MILLER - SOUTH OVERLAND TRAIL PROPERTY. This ordinance [xIssed favorably on first reading at the April 4, 1978, Council meetinq. it rezones 2.77 acres located on Overland Trail ' south of Prospect Street from B-L to R?M. Staff recomTends adoption on second reading. RESOLUTION APPROVING AN AMENDMENT TO THE BY-LAWS AND RULES OF PROCEDURE FOR T11E ZONING BOARD OF APPEALS.. . Presently, the Zoning Board of Appeals consists of five members. Any decision requires unanimous approval. This amendment would provide for a concurring vote of a majority present to grant a variance or make an interpretation of the Zoning Ordinance. Staff reOMTrends approval. RESOLUTION APPRCVTNC, FI}ED ASSET AND PROPERTY OONTROL MANUAL AND PRO- C14DURES. This manual set:; out procedures for identifying, controlling, and re- cording all fixed asset transactions in the City and is an attempt to solve so4ie record keeping problems in recording fixed asset trans- actions. This will also enable the independent auditors to render an opinion on the Fixed Asset section of the City's Financial Report. Staff recarniends approval of this Resolution. RE.SOLU'I'I0.N APPROVING TIC BY-LAWS OF THE WATER BOARD. The Water Board is requestingapproval of their revised By-laws. Staff recommends approval. ' 230 April 18, 1978 13, TENNIS RESERVATION SYSTITN. In .response to several requests from the public, the Parks and Recrea- tion Department developed a new tennis reservation system. The new system is designed to address past problems. The Parks and Recreation Board and City staff recommend implementation of this new system. 14. GOLF PRO CONTRACT AT CITY PARK NINE. ghis contract would assign James H. Greer as Golf Professional at City Park Nine. Ile would replace Tom Peck who has resigned. Staff recom- mends approval. of this contract. 1 J`'i. SUPPLEMEM'S'M CITY CODE. The current: contract with General Code Publishers Corporation expires on July 22. They are submitting a new contract,which has been approved by the City Attorney,to Council for approval. The price of supplements remains the same. Staff recommends approval. 16. RESOLUTION APPRDVTNG RENEWAL OF F40CKWELL RANCH LEASE. This Resolution would extend the existing lease of the Rockwell Ranch to the trustee for an additional year with automatic renewals for two more years unless the parties elect to terminate the lease. Staff recommends approval. f 17. CONTRIBUTION TO FORT COLLINS-LOVERAND CORRIDOR PROGRAM. . Staff recommends that Council pass a motion authorizing the expendi- ture of up to $15,000 to the Fort Collins -Loveland Corridor Program as discussed at the April 11, 1978, work session. 18. APPROVAL. OF WARRANTY DEED CONVEYING TRACT "A" IN OVERIAND SUBDMSION. TO THE CITY. This area is designated for utility and drainage purposes on the plat of Overland Subdivision. The City Engineer's offices have inspected and approved this area for acceptance.by the City. Staff recommends approval.. 19. REPLAT OF IM'S 1, 2, AND 3 OF MAXWELL, SUBDIVISION. This is a proposal to replat three lots into a single lot on .76 acre zoned R-L-M, located on Impala Drive north of West Mulberry Street. The plat as proposed is in conformance with City requirements, and staff recrommends approval. 20. REPIAT OF PART OF WILLOW LANE P.U.D. This is a proposal to replat 17 lots and 4 tracts in the Willow Lane P.U.D., located on Overland Trail at Ross Drive. This replat makes minor changes in the Ill lots in this P.U.D. and staff feels this ' would not significantly change the plan as it is now submitted. Staff recommends approval. 231 April 18, 1978 21. njE LANDINGS SUBDIVISION, THIRD FILING, FINAL PLAN. This is a proposal for 35 single-family lots on 21.9 acres located south of Warren Lake. The proposed zoning is R-L-P as a part.of ' the Landings First Annexation. Council approved the preliminary plan in September of 1977. Staff recommends approval. City Manager Arnold asked that Item 9 be tabled until July 3, 1978, and that Items 13, 20 and 21 should be pulled for discussion. He asked that Item 17 (Fort Collins -Loveland Corridor Contribution) be clarified and that the staff recommendation be amended to reflect Council's comments at the Work Session by adding the sentence As discussed at the April 11, 1978, Work Ses- sion, based upon the interim guidelines proposed, feed- back from some members of Council indicated that we needed to have some reflection in the record that the interim guidelines were part of the authorization." Councilwoman Gray asked that Item 19 be pulled. Mayor Suinn asked that Item 10 be removed from the Consent Calendar. Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt the Consent Calendar, withdrawing Items 9, 10, 13, 19, 20, and 21. Yeas: Councilmembers Bloom, Bowling, I Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 9. Second Reading of Ordinance No. 38, 1978, rezoning Miller - South Overland Trail property tabled Councilman Wilkinson made a motion, seconded by Council- man Russell to table Item 9 to July 3, 1978, at the re- quest of the developer. Hubert Krug, 2209 Vassar, spoke from the audience re- questing Item 17 be withdrawn to speak to that issue. Councilman Russell made a motion, seconded by Councilman Bowling to rescind the first Consent action vote. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 232 1 April 18, 1978 The following items were withdrawn from the Consent Calendar: Item 9 Item 10 Item 13 Item 17 Item 19 Item 20 Item 21 The ordinances presented for adoption on second reading were read by title by Deputy City Clerk Wanda Krajicek as follows: 4. Ordinance No. 33, 1978, being an ordinance annexing property known as the Parkwood East Annexation to the City of Fort Collins. 5. Ordinance No. 34, 1978, being an ordinance amending Chapter 118 of the Code of the City of Fort Collins, commonly known as the Zoning Ordinance and classi- fying for zoning purposes the property included in the Parkwood East Annexation to the City of Fort Collins, Colorado. ' 6. Ordinance No. 35, being an ordinance vacating a por- tion of Mason Street in Bankcenter Square, First Filing. 7. Ordinance No. 36, 1978, being an ordinance amending the Zoning Ordinance of the City of Fort Collins by changing the zoning classification for certain pro- perty. (Betz - Eastgate) 8. Ordinance No. 37, 1978, being an ordinance amending the Zoning Ordinance of the City of Fort Collins by changing the zoning classification for certain pro- perty. (Buckeye - Buckingham) The resolution presented for adoption were as follows: 11. Resolution 78-31 of the Council of the City of Fort Collins approving the Fixed Asset and Property Con- trol Manual and Procedures promulgated by the Direc- tor of Finance. 12. Resolution 78-32 of the Council of the City of Fort Collins approving By-laws of the Water Board. 233 April 18, 1978 16. Resolution 78-33 of the Council of the City of Fort Collins approving an agreement extending a lease be- tween Charles Bishopp, as Trustee for the Cities of I Fort Collins and Greeley, and Jesse E. Greer and Virlon G. Parker. Councilman Wilkinson made a motion, seconded by Councilman Russell to adopt and approve all items not withdrawn from the Consent Calendar, pulling Items 9, 10, 13, 17, 19, 20, and 21. Yeas: Councilmembers Bloom, Bowling, Gray, Rus- sell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Mayor Suinn stated Council would be back to the items which were removed from the Consent Calendar: 9. Second Reading of Ordinance No. 38, 1978, rezoning the Miller - South Overland Trail property tabled. (Secretary's note: At this point Council went back to take action on a motion made by Councilman Wilkinson, seconded by Councilman Russell, to table Item 9 to July 3, 1978.) The vote was taken. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. ' THE MOTION CARRIED 10. Resolution approving an amendment to the By-laws and Rules of Procedure for the Zoning Board of Appeals adopted City Manager Arnold made note of Assistant City Attorney Liley's memorandum addressing the question of quorum con- cerning the Zoning Board of Appeals. Mayor Suinn stated that he felt uncomfortable about two members of the five member Board constituting the majority of a quorum and therefore being able to pass an item. Assistant City Attorney Liley stated that it was not an unusual position. She noted that it is becoming in- creasingly difficult to get Board members together with the requirement for three affirmative votes; it is im- possible to take action and many items are being tabled and much time is lost. ' City Attorney March noted that all other City commissions ' act in the same manner that the Zoning Board of Appeals is requesting to act. 234 April 18, 1978 Councilwoman Gray inquired into the possibilities of en- larging the Board by two members. City Attorney March replied that the Zoning Board of Ap- peals was a Charter board specifically set up with five members and would require Charter amendment to change this. Councilman Bowling suggested that perhaps the Zoning Board of Appeals should meet in the evening as other boards do so that the attendance would be better. Councilman Wilkinson made a motion, seconded by Council- man Russell to adopt the resolution. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: Mayor Suinn. THE MOTION CARRIED Council reaffirmed their desire to have the possibility of changing the meeting time of the Zoning Board of Ap- peals studied, and also to have the question of increas- ing the number of members to seven placed on the April 1979 ballot. 13. Tennis Reservation System Adopted as Amended Mayor Suinn recommended a change in the wording of Sec- tion 8 to delete the phrase "if another party has re- served the next time slot" and also under Section 10 to add the phrase "or a refund" after the word "rain - checks" in the first line. Mayor Suinn made a motion, seconded by Councilwoman Gray to approve the above two amendments for inclusion in the tennis reservation system. Bob Crockett of the Parks and Recreation Board answered questions from Council relative to the proposed amend- ments. He noted that cash refunds will be available but were to be discouraged. Rainchecks are the prefer- able alternative. Concerns were also raised by Council regarding Section 9, which precludes cancellations by telephone. Mr. Crockett and Tom Frazier, Recreation Supervisor, spoke to this issue. Mr. Frazier noted that unless the reservation slip is returned in person prior to the scheduled playing time, it can be used at another time and still could be returned for a refund. ' Mayor Suinn withdrew the portion of his motion pertain- ing to refunds with the understanding that refunds will be made in hardship cases. 235 April 18, 1978 Councilman Russell made a motion, seconded by Council- woman Gray amending Mayor Suinn's motion to add under Section 9 "Cancellations must be made in person or by ' phone twenty-four hours in advance of the scheduled playing time." Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. The amended motion read: Change the wording of Section 8 to delete the phrase if another party has reserved the next time slot" and under Section 9, the first sentence shall read Cancellations must be made in per- son or by phone at the Parks and Recreation office be- tween 8:00 a.m. and 6:00 p.m., Monday through Friday, twenty-four hours in advance of the scheduled playing time." Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 17. Contribution to Fort Collins -Loveland Corridor Program Authorized. Hubert Krug, 2209 Vassar, questioned the Council as to the wisdom of the City's contribution to the Corridor. ' study. He felt the County should pay for the study. Council responded that the Corridor area was of great interest to both the Cities of Loveland and Fort Col- lins, as the area will be inherited by them very soon. The area should be planned for now so it can be con- trolled at a later date. Councilman Bowling made a motion, seconded by Council- woman Gray to authorize the expenditure of up to $15,000 to the Fort Collins -Loveland Corridor Program. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 19. Replat of Lots 1 2 and 3 of Maxwell Subdivision Approved Councilwoman Gray asked for an explanation of the con- figuration of the neighborhood. City Planning Director Kaplan explained the approach to developing this parcel of land, noting that the density will not be increased by this approach. ' 236 April 18, 1978 Councilman Wilkinson made a motion, seconded by Council- man Bowling to approve the replat of Lots 1, 2, and 3 ' of Maxwell Subdivision. Yeas: Councilmembers Bloom, Bowling„ Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 20. Replat of Part of Willow Lane P.U.D. Approved City Manager Arnold explained that this replat needs a minor revision to the utility plan and recommended con- 1ditional approval. Alec Garbini, architect representing the developer, voiced his concerns relative to several items in the interpreta- tion of the Building Code that he felt were inconsistent and wasteful policies. The City has no policy covering townhouses and they are therefore treated as single- family dwellings. City Attorney March noted that meetings have been held on this issue and he felt that the problem had been resolved in favor of Mr. Garbini's position. The utility service problem must be solved on these units in regards to com- mon or individual service. Bob Mooring, of Norman, Oklahoma, requested the Council not delay this project any longer and expressed willing- ness to do whatever is required by the City. Councilman Russell made a motion, seconded by Councilman Wilkinson to approve the replat conditional on a minor revision to the utility plan. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wil- kinson. Nays: None. THE MOTION CARRIED 21. Landings Subdivision, Third Filing, Final Plan Approved City Manager Arnold pointed out two conditions that the plat should be approved subject to: 1. Approval by the ditch company on an inlet, and 2. Bridge width item. Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve the Landings Subdivision, Third Filing, final plan with the above two conditions. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn ' and Wilkinson. Nays: None. THE MOTION CARRIED 237 April 18, 1978 Ordinance Adopted on First Reading Vacating a Utility Easement in Lot 5, Harvard Subdivision, First Filing ' Following is the City Manager's memorandum on this item: "This request concerns lot 5 of the Harvard Subdivision, First Filing, which is located on the northeast corner of Harvard Street and Mason. The request is to vacate a 6-foot utility easement on the west side of the lot (along Mason Street) and to replace it with an easement on the east side of the lot (between lots 4 and 5). (See attached letter from applicant.) The easement was intended for electrical utilities. The Light and Power Department, however, does not require the use of the easement (nor have we received comments in opposition to vacation from any otter utility.) The owners of Lots 4 and 5 have provided an alternate easement between these lots as requested by the Light and Power Department. We recommend approval." Councilwoman Gray made a motion, seconded by Councilman Bowling to adopt Ordinance No. 42, 1978, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Amending ' the Zoning Ordinance Allowing Limited Pet Shops "Aouarium Shops") in the B-L and H-B Zoning Districts Following is the City Manager's memorandum on this item: "Recently the City staff has been confronted by several interested parties regarding an apparent lack in the City's Zoning Ordinance with regard to pet shops. Specifically, the Code fails to differentiate between types of pet shops (limited or aquarium shops versus full -line shops) which now exist and thus does not make provision for them in certain business districts which permit other retail uses. Attached is a copy of a memo from Jiro Gionfriddo, the City's Zoning Officer, which more fully explains the situation, as well as a proposed ordinance which would do the following: 1. Create two types of pet shops, one being an "aquarium shop" which would only allow the sale of fish and rodents under ten (10) pounds and a "full -line pet shop" which would allow the sale of any type of animal. 2. Allow aquarium shops in the B-L, Limited Business, zoning district. 3. Allow full -line pet shops not containing boarding facilities ' in the H-B, Highway Business, and B-G, General Business, districts. 4. Allow full -line pet shops in the C, Commercial, zoning district." 238 April 18, 1978 Councilwoman Gray made a motion, seconded by Council- man St. Croix,to adopt Ordinance No. 43, 1978, on first ' reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Amending Section 82-3 of the Code Relating to Park Acquisition Fees Following is the City Manager's memorandum on this item: " At the time park land fees were established, they were made payable with original'oonnection to City utilities. This was done so that we would be able to collect the park lard fees for property outside of the City served with City utilities. Occasionally, an existing property which is already connected to City utilities is renodeled and additional units are added to the existing structure. A park fee probably should be collected for the additional units added at that time. Under the current ordinance, this is not possible. nerefore, we have prepared the attached ordinance which will amend the ordinance concerning collection of park land fees so that additional fees will be due in the event of such remodeling. We reccmnend approval." Councilman Russell made a motion, seconded by Councilman St. Croix to adopt Ordinance No. 44, 1978, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Special Assessment Bond Issue Approved Following is the City Manager's memorandum on this item: " At the April 11 work session, Council reviewed several alternatives for issuinq bonds for financing Special Assessment Districts. Council instructed our Finance Director, Ron wood, to get further information on issuing bonds to local financial institutions. This information is currently being gathered and will be presented to Council at the April 18 meeting." Director of Finance Wood spoke to the bond issue. He noted that he had received a final proposal from local banks to accept the total bond issue at a rate of 6k%. His recommendation was to issue to the local market, as it would stimulate the local economy and simplify future bond issues. He recommended Council approve Alternative ' #3, second offer as outlined in the proposal. 239 April 18, 1978 Dunn Krahl of Boettcher & Company gave Council his views and explained the advantages of issuing to the local in- stitutions in that they are more familiar with property ' in the district than out-of-town institutions. Councilman Wilkinson made a motion, seconded by Council- man Bowling to approve Alternative #3, second offer in the Special Assessment Bond Issue. Yeas: Councilmembers Bowling, Suinn and Wilkinson. Nays: Councilmembers Bloom, Gray, Russell and St. Croix. THE MOTION FAILED Councilwoman Gray made a motion, seconded by Councilman Russell to approve Alternative #2. Yeas: Councilmembers Bloom, Bowling Gray, Russell, St. Croix and Suinn. Nays: ,Councilman Wilkinson. THE MOTION CARRIED Trailside Subdivision, Preliminary Plan Referred to 1041 Steering Committee Following is the City Manager's memorandum on this item "Phis is a proposal for 29 multi -family lots on 10.8 acres zoned R-L-M and R-L, and located on West Elizabeth Street at Overland Trail. The Planning and Zoning Board reviewed the plans on March 13 and voiced ' concerns regarding utility service, on -site detention, bike/pedestrian access and Driveway access. Their specific comments are outlined on the attached memorandum. Planning and Zoning Board did recommend approval subject to several conditions being addressed on the final plans. (Again, please note attached memo.) The applicant has indicated a willingness to comply with all these conditions. The major concern for Council, however, involves the Urban Service Area Steering Committee recommndation. This committee recommended that we table this item because there is some doubt as to who would serve the project, the City or the Water District. Although there are no particular problems with the preliminary plan that cannot be addressed on the final, we feel the Council should uphold the Steering Ccmmi.ttee's recommendation." Planner II Deibel stated that the Planning Department's ,recommendation was for approval subject to the detailed conditions listed above and that the Planning and Zoning Board concurs in the recommendation by the Urban Service Area Steering Committee to table this item until the doubt as to whether the City or the district will be serving this area is resolved. Councilman Bloom made a motion, seconded by Councilwoman ' Gray to table the Trailside Subdivision preliminary plan until the completion of the Urban Services Study. 240 April 18, 1978 Jim Scavo, 3315 South Taft Hill Road, representing the owner, voiced concerns about the length of time required ' for approval of the plat if the item is tabled pending completion of the Urban Services Study. Planning Director Kaplan noted that the City Council has consistently attempted not to approve something that was recommended in a contrary fashion by the Steering Com- mittee. If the Steering Committee can change their po- sition on it, then the Council can change their position too. 1 Councilman Bloom withdrew his earlier motion with Council- woman Gray's permission. Councilman Wilkinson made a motion, seconded by Council- man Bowling to refer the item back to the 1041 Steering Committee. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Cobblestone Shores Subdivision, Preliminary Plan Approved Following is the City Manager's memorandum on this item: "This is a proposal for 12 single-family lots on 8.1 acres zoned R-P, Planned Residential District, located on Parklane Drive east of Lake Sherwood. Land Use Breakdown Total area Total lots Typical lot size Density 8.078 acres 12 single family 16,000 sq. ft. 1.5 d.u./acre During the past two years City Council has reviewed two other plans for this site, a large lot single-family subdivision and a multi -family P.U.D. The pro- posal at hand is similar to the former. Although the staff feels this approach represents underutilization of R-P zoned ground, generally the plan works well. At its March 13, 1978, meeting the Board voted unanimously to recovend approval of the proposal subject to the following conditions being met on the final plans: 1. Tile Board saw no problem with the street pattern as proposed. However, it appears it Thvuld function better if not restricted to "one way" traffic; 2. The tract "island" within the turn around area should be enlarged to include the perpendicular parking; 241 April 18, 1978 3. The water line should be looped from the entrance around the center island and out to the water line in Parklake Drive between Lots 10 and 11 with provision of a 10' ' easement; and 4. The spillway should be sized and channelized to discharge along the railroad R.O.W. in conjunction with drainage in the Parkwood East area. we concur with Planning and Zoning Board's comments." Councilman Bowling made a motion, seconded by Council- woman Gray to approve the Cobblestone Shores Subdivision preliminary plan, subject to conditions set out above. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell out of the room.) THE MOTION CARRIED Amendment to Foothills Shopping Center, P U D • Final Plans Approved Following is the City Manager's memorandum on this item:. "This is the final plan of a proposal to add another 141,170 square feet to the Southeast end of the Foothills Fashion Mall. ' The final plans meet the coalitions specified by Council when the preliminary plan was reviewed. Staffs only comment concerned landscaping in the large parking area. planning staff felt the plan did not introduce enough shade trees in the parking area. The applicants, have agreed to provide some additional trees in this area. We expect the landscape maintenance guarantee to be approved by the City Attorney's Office by April 18." Councilman Bowling made a motion, seconded by Council- man St. Croix to approve the amendment to Foothills Shopping Center, P.U.D. final plans, subject to the approval of the landscape maintenance agreement by the City Attorney's office. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell out of the room.) THE MOTION CARRIED 242 April 18, 1978 Landings P.U.D., Phase IV, Preliminary Plans Approved Following is the City Manager's memorandum on this item: "Phis is a proposal for 152 dwelling units on 25 acres zoned R-L-P and located north of Harmony Road and west of Harmony Reservoir. Upon preliminary plan review, staff noted a number of concerns. These are discussed more fully in the staff meuno. The applicant has agreed to address these conditions on the final plans. Planning and Zoning Board unanimously recommiended approval subject to staff comments with the note that sidewalks should be required on both sides of the street for through streets only and not cul-de-sacs. often. " Staff is working on a sidewalk policy since the issue seems to come up Reid Rosenthal, developer, noted that he had agreed to put sidewalks on both sides of Breakwater Drive and the unamed through street; however, he was concerned about putting sidewalks on the cul-de-sacs, since he felt he had provided an extra amount of green space that pro- vided access to both Harmony Reservoir, the commercial site, and any other part of the project. His intent is to direct pedestrian traffic to the open spaces. Councilman Wilkinson made a motion, seconded by Council- man St. Croix to approve the Landings P.U.D., Phase IV. preliminary plan subject to sidewalks being required on both sides of the street for through -streets, not cul- de-sacs. Yeas: Councilmembers Bowling, St. Croix, Suinn and Wilkinson. Nays: Councilmembers Bloom and Gray. (Councilman Russell out of the room.) THE MOTION CARRIED Councilman Bowling made a motion, seconded by Councilman Wilkinson to go into Executive Session during the dinner break to discuss legal matters. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell out of the room.) THE MOTION CARRIED Elliott - Miller Foothills West Subdivision, 16th Filing Preliminary and Final Plat Tabled to July 3, 1978 243 April 18, 1978 0 Councilman Wilkinson made a motion, seconded by Council- man St. Croix.to table the Elliott - Miller Foothills West Subdivision, 16th Filing preliminary and final plat ' to July 3, 1978. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Cimarron Square P.U.D., Revised Preliminary Plan Approved Following. is the City Manager's memorandum on this item: "This is a proposal for 152 multi -family units on 13.2 acres zoned R-P and located at the Southeast corner of South Shields Street and West Drake Road. Upon review of the preliminary plan, Planning staff commented upon street width, off-street parking, fire access, open space and several technical details. Since the staff comments are quite lengthy, they are not listed again but are in the staff meno attached. The applicant has agreed to address all Planning staff convents on the final plans. The only issue we see is whether the proposed public street should be 28-feet wide with parking on one side or 36-feet wide with parking on both sides. ' (Sidewalks are on each side regardless.) The 28-foot width is consistent with the P.U.D. ordinance though Police and Fire have some concern. We need to live by our ordinances, however; staff will soon bring to Council a street width ordinance review." Bob Sutter, planner and architect representing Mr. Murphy, spoke to the street width issue and the other staff con- cerns. He asked if the City would pick up the cost of the additional three feet for the requested seven foot bike- ways, as there is already an existing four foot sidewalk on the Drake and Shields side of the property and this is the usual City practice. Council voiced concerns regarding the problems of emer- gency access that the Fire Department and Police Depart- ment have encountered with the twenty-eight foot streets and were told by staff that it has not been a problem. City Manager Arnold will be forthcoming been completed. noted that a street width ordinance within a month, after studies have 244 1 April 18, 1978 Councilman Bowling made a motion, seconded by Councilwo- man Gray to approve the Cimarron Square P.U.D., revised ' preliminary plan subject to the conditions as listed: twenty-eight foot streets and sidewalks on both sides and parking on one side. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: Councilman Russell. THE MOTION CARRIED Prospect Springs P.U.D., Final Plat and Plans Approved I Following is the City Manager's memorandum on this item: 'This is a proposal for 22 multi -family units on 2.6 acres zoned R-P, Planned Residential District, located on East Prospect Street, west of Iemay Avenue. The preliminary plan for this proposal was approved favorably by Council on February 7, 1978. It is the developer's intent to create a condominium project for retired persons. The only problem with the final plan concerns the design of the improve- ments for the private street serving the project. Attached is a report from Engineering Services pointing out the various alternatives for improvements on such streets. Staff feels that private streets should require no more maintenance in the long term than do ' dedicated streets. However, there is no existing policy and staff would appreciate guidance from Council on this matter. " Don Parsons, City Engineer, spoke tothe City Engineering staff's desire to have the street improvements include curb and gutter, or some kind of concrete pan, on both sides of the streets. Bob Sutter, architect representing Mr. Olson, responded to this issue and noted several inconsistencies in the advice they had been given. He stated that they would abide by Council's decision as to the treatment of the uphill side of the street. Councilman Bowling made a motion, seconded by Councilman Bloom to approve the Prospect Springs P.U.D., final plat and plans, subject to conditions as listed: curb and gutter on one side, railroad tie landscaping on the other side to City standards, and adequate provisions for main- tenance. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED ' South College Square P.U.D., Preliminary Plans Approved Following is the City Manager's memorandum on this item: 245 April 18, 1978 "This is a proposal for a canTiercial planned unit development on 1.82 acres zoned H-B and located on the northwest corner of South College Avenue and Horse - tooth Road. , The only major issue here concerns the applicant's request for a direct curb cut onto South College Avenue. When Council previously considered a preliminary plan for this site in 1974, they ruled against any curb cuts onto College at this loca- tion and stipulated that access from the north could be by frontage road only. Allowing the curb cut as proposed would alleviate the need for installation of the frontage road. Both staff and the State Highway Department advise against the curb cut. The frontage mad along here is scheduled for design in 1979 and con- struction in 1980. past City Council leadership in developing the frontage roads along College has contributed greatly to the good development of the area. Our position is to provide access fran Monroe and from Horsetooth, but none from College. The Planning and Zoning Board was split evenly (3-3) on a motion to reoomuend approval with the curb cut as proposed." Planner II Deibel explained the Planning staff's position in requesting a direct curb cut onto South College Avenue not be allowed on the basis that it is unnecessary, un- desirable, and that precedent has already been made: the decision set in 1974 said that there would not be direct access from this site onto South College Avenue. He stated that the State Highway Department recommendation was also against the curb cut. Jerry Nix, real estate broker representing the applicants, for had been amended ' pointed out that the appeal curb cuts to two separate curb cuts, one an ingress only and the other an egress only. He cited the study done by the professional traffic engineers of Allen -Voorhies and As- sociates in 1974 as the basis for this request. Tom Metcalf, attorney representing the applicant, Mr. Harris, added his support to Mr. Nix's proposal and pointed out that they were not asking for additional cuts, but were in fact giving up two existing cuts. Councilman Wilkinson asked that Council be provided in- formation on the completion of the frontage road on the west side of College Avenue, and that the City pursue the completion to alleviate these access problems. Councilman St. Croix made a motion, seconded by Council- man Wilkinson to approve the two curb cuts requested by the petitioners and approval of the preliminary plat. Yeas: Councilmembers St. Croix and Wilkinson. Nays: Councilmembers Bloom, Bowling, Gray, Russell and Suinn. THE MOTION FAILED 246 1 April 18, 1978 Councilman Bowling made a motion, seconded by Council- woman Gray to approve the South College Square P.U.D. ' preliminary plans with the standard frontage road method. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Suinn. Nays: Councilman Wilkinson. THE MOTION CARRIED Ordinance Adopted on Second Reading Rezoning HCI - Lemay Avenue Property Following is the City Manager's memorandum on this item: 1 "This is a proposal to enlarge an existing 5.4 acres B-P zone located at the Southwest intersection of Drake ]bad and lem.ay Avenue. This proposal is to rezone 5.4 acres of R-P to B-P zone, resulting in a doubling of the original site to 10.8 acres. The covenant limiting gross leasable retail sale space to 85,000 square feet is attached and will be appropriately recorded upon passage of the Ordinance on second reading. This Ordinance passed on a 6 - 0 vote, with Arvid Bloom withdrawing, at the April 4, 1978, Council meeting." Councilman Bloom asked that the record show that he with- drew from discussion and vote on this item. Councilwoman Gray made a motion, seconded by Councilman Russell to adopt Ordinance No. 41, 1978, on second reading. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Bloom did not vote on this item.) THE MOTION CARRIED Citizen Participation a. Resolution .78-34 of the Council of the City of Fort Collins commending Arvid R. Bloom and Richard M. Suinn for their services to the City as Mayor and Assistant Mayor during the past vear approved. Councilwoman Gray made a motion, seconded by Coun- cilman Wilkinson to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None. (Mayor Suinn ab- stained and Councilman Bloom was out of the room.) ' THE MOTION CARRIED Mayor Suinn presented Councilman Bloom with a plaque in appreciation of his year of service as Mayor and commended him for his leadership. 247 April 18, 1978 b. Mayor Suinnn then announced the unofficial results of the Special Election. The vote on the issue of al- cohol on City property was: 2876 in favor of the or- ' dinance and 3869 against the ordinance. He stated that the proposal had failed, meaning that the City of Fort Collins' use of specific guidelines for the use a alcohol at the Lincoln Community Center and other locations is now in effect. C. Deputy City Clerk Wanda Krajicek read a proclamation on Respect for Law Week, May 1-7, 1978, and it was accepted by Chief of Police Ralph Smith. City Manager's Report a. City Manager Arnold stated that 102 applications had been received for the position of Planning and Develop- ment Director and that number had been screened to twenty. b. City Manager Arnold noted that the City had been in- vited by Larimer County to participate in the study of the fiscal impact of the Rawhide Project, under- taken by Thorn Ecological Institute, and that Paul Lanspery would be the City's representative in that study. C. He reminded Council that the Community Development ' Fund Block Grant hearing would be one of the items on the Work Session agenda of April 25, 1978, and that Wednesday night (April 26, 1978) there would be a budget retreat. Another Community Development Fund Block Grant hearing is scheduled on Thursday, April 27, 1978. d. City Attorney March reported on his meeting with the South Fort Collins Sanitation District in connection with their consideration of annexing a part of the Troutman farm into their district. He requested the District not annex the territory at this time because of the 1041 Study and the City's feeling that fur- ther annexations by the District could not be in the interests of the Study. He has since learned that they did go ahead and annex the territory despite the City's request. Report from City Council Members on Committees a. Mayor Suinn spoke of his conversation with Senator Fred Anderson; as a result of that conversation, Sena- tor Anderson indicated his willingness to meet with ' members of Council to discuss items of mutual interest, in that he represents this area. He asked the City Manager to make arrangements for such a meeting. 248 April 18, 1978 b. Mayor Suinn also indicated that the City Manager should make arrangements with Mr. Webber of Poudre R-1 to have the City Council meet with the School ' Board on items of mutual concern. Mayor Suinn then requested permission from persons sched- uled next on the agenda to consider Item 43, the Kotich- Mathew rezoning, out of order, as large numbers of per- sons were present for this item. All agreed except Jack Vahrenwald, attorney for property owners adjoining the Goode Taste Crepe Shoppe. He asked j to be heard next because of the age of his clients and the fact that they had been postponed once before. 1 from Decision of the Zoning Board of Appeals Re - the Goode Taste Crepe Shoppe, 400 East Olive Denied Following is the City Manager's memorandum on this item: "This is an appeal from the Zoning Board of Appeals regarding questions of a variance granted to the building at 400 East Olive on August 11, 1970. An adja- cent property owner contends the variance was granted conditional upon a restaurant use being in operation for limited hours and days. The Zoning Board of Appeals voted 3 - 1 that the variance was not granted conditionally, and thus the present use of the ' property is appropriate. This decision is being appealed." Jack Vahrenwald, attorney representing the adjoining pro- perty owners, called Council's attention to the Zoning Board of Appeals minutes of August 11, 1970. He noted that the owners at that time had represented the res- taurant to be a ladies tea room, with hours from 10:00 a.m. to 3:00 p.m. five days a week, Monday through Fri- day; the variance was granted on this basis. The new establishment, the Goode Taste Crepe Shoppe, is an en- tirely different operation and has a different type of clientele. He asked that the Council rule that the variance is being violated at the present time and that the violation stop, or the variance be removed. Guy Gelbron, Phoenix, Arizona, stated that he was the owner of the property in question, but that the res- taurant was owned and operated by his brother-in-law and father-in-law, the Petersons. He detailed the various hearings and procedures that the Petersons had gone through prior to opening the restaurant. He asked that Council uphold the Zoning Board of Appeals decision on this matter. 249 April 18, 1978 Richard Peterson, Sr., Clarendon Hills, Illinois, noted that he and his son were partners in the Goode Taste Crepe Shoppe. He gave background information on his ' son's education and work experience, and gave his reasons for helping in the financing of this venture. Charles Owens, originator of the Goode Taste Crepe Shoppe in Steamboat Springs testified that they had made many trips to the Building Department to ask what kind of spe- cifications they would need to abide by at this location, and also to the Health Department to learn their require- ments and regulations. He felt that the establishment had met all the City's requirements on all counts. Jack Vahrenwald asked that the variance continue in the same vein in which it was granted; i.e., a ladies tea room with 10:00 a.m. to 3:00 p.m. hours. Council asked Assistant City Attorney Liley for guidance on the term "existing primary uses." Councilman Bowling stated that he did not agree with Assistant City Attorney Liley's interpretation and that he felt that the term applied to the Golden Pear spe- cifically, and that the variance was granted with the restrictions and stipulations outlined by Mr. Vahrenwald. Councilman Bloom made a motion, seconded by Coundilwoman ' Gray to uphold the decision of the Zoning Board of Ap- peals, and thereby deny the appeal by the adjoining pro- perty owners. Yeas: Councilmembers Bloom, Gray, St. Croix, Suinn and Wilkinson. Plays: Councilmembers Bowling and Russell. THE MOTION CARRIED Ordinance Adopted on Second Reading Rezoning Kotich et al. - Mathews Street Property Following is the City Manager's memorandum on this item: "This is a request to rezone 3.54 acres located at the northwest corner of Mathews Street and Dartmouth Trail from H-B and B-P to R-M-P. This ordinance passed on first reading at the April 4, 1978, council meeting. After lengthy conments by petitioners and interested parties, and staff comrents, Council chose to zone this area B-P which is in line with the Planning and Zoning Board recamiendation for this area. Council vote was 4 - 2 with Council member Arvid R. Bloom withdrawing from the vote." Councilman Bloom asked that the record show he withdrew from discussion and vote on this item. I 250 April 18, 1978 John Kochenberger, attorney, stated that he had made his presentation at the last Council meeting and noted that the facts were as they had submitted them at that meeting. ' Jim Martell, attorney representing Bill Franz, the pro- perty owner, also asked that his previous presentation stand. He reminded Council that their previous action was a downzoning and pointed out that the law requires a change in circumstances or a mistake in the original zoning to downzone. He felt that Council's consensus at the first hearing was that neither had been the case, but that after the Planning and Zoning presentation, the dis- cussion seemed to move towards whether this zoning was appropriate for the property. He stated that appropri- ateness should not be a criteria when piecemeal down - zoning specific pieces of property. Jim Martell also discussed the term "to zone for the common and general welfare." He urged the Council to examine their earlier decision carefully and to possibly reconsider that decision. The following persons spoke to this issue: 1. Hubert Krug, 2209 Vassar, who felt that downzoning was unfair to any property owner; 2. Mrs. Conlon, 3501 S. Stover, who felt downzoning ' was a violation of a person's constitutional rights; 3. Paul Harder, who felt the H-B zoning was inap- propriate for this piece of property not with- standing the Skateboard Park issue, and that the property should be zoned B-P; and 4. Mr. Kruger, owner of the Empire Motel, who took issue with some of Mr. Harder's statements and questioned his motives for opposing the Skate- board Park. Councilman Wilkinson made a motion, seconded by Council- woman Gray to adopt Ordinance No. 40, 1978, on second reading. Yeas: Councilmembers Bowling, Gray, Russell, Suinn and Wilkinson. Nays: Councilman St. Croix. (Coun- cilman Bloom withdrew from voting.) THE MOTION CARRIED 251 April 18, 1978 Skate Park P.U.D. Preliminary Plans Withdrawn Following is the City Manager's memorandum on this item: , "Because of Council's decision on the Kotich, et. al.. rezoning, petitioners requested tabling of this item until this meeting. If Council approves the Kotich, et. al. rezoning to B-P on second reading, the Skate Park P.U.D. as presented would not be allowed under the B-P zone." Bill Vigor requested that this item be withdrawn due to the zoning change situation. Mr. Vigor presented petitions containing 1248 signatures in favor of the Skateboard Park for the Council's consi- deration. Appeal from Decision of the City Clerk Denying Renewal of Pawnbroker's License for the Citv Pawn Shop Continued Following is the City Manager's memorandum on this item "Mr. Zwetzig who is the owner of the City Pawn Shop at 130 South Mason was previously approved by the City Council and licensed as a pawnbroker under the Pawnbroker's ordinance. His license will expire on April 20, 1978. The Ordinance ' provides that the City Clerk can renew a pawnbroker's license only if the Police determine from their investigation that the applicant has operated the business in a manner which will fully effectuate the purposes of the Ordinance. The Police report on this application for renewal of the license recommended against renewing the license because of failure to conduct the business in a manner required by the Ordinance. Accordingly, the City Clerk denied the renewal application, and the owner has appealed this denial to the City Council. The City Council should hold a hearing and receive any evidence pre- sented by the Police Department and the applicant, and determine whether the license should be renewed." Assistant City Attorney Liley called James Miller, Fort Collins Police Department, as the City's first witness. Detective Miller was duly sworn before giving testimony relative to the problems and incidents the Fort Collins Police Department had encountered with Mr. Zwetzig and the operation of the City Pawn Shop. He cited several incidents of poor record -keeping practices and failure to properly fill out pawn tickets; he noted that repeated warnings had been necessary to force Mr. Zwetzig to com- ply with various ordinance requirements. He also detailed the summonses that have been issued to Mr. Zwetzig during his year of operation. 252 April 18, 1978 Mr. Alfred Johnson, attorney representing Mr. Zwetzig, cross-examined Detective Miller relative to the inci- dents and contacts he had had with Mr. Zwetzig. He al- so questioned Detective Miller about the letter he had written to Chief Smith and City Clerk Verna Lewis re- garding the renewal of Mr. Zwetzig's pawn shop license. City Attorney March suggested that due to the time this hearing might take to give all parties due process, it might be advantageous to have all parties involved get together to discuss the matter and come up with a joint recommendation that would dispose of it and allow Council to continue with the agenda in the meantime. Councilman Wilkinson made a motion, seconded by Council- man Bowling to recess the hearing to allow Mr. March, Mr. Johnson, the Police Department and Mr. Zwetzig to arrive at some joint recommendation to dispose of the matter. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Village West Subdivision, 9th Filing Preliminary Plan Approved Following is the City Manager's memorandum on this item: ' "These two adjacent projects have been redesigned by the developer of Village west since they are adjacent and involve some of the same issues. There are two separate decisions which Council will have to make on each project, one involving variances from the Subdivision Ordinance and the other involving preliminary plat approval. I. Variances A. Village West 9th - The Developer is requesting that the Council grant two variances as follows: 1. Allow 50-foot right of way on local streets rather than the required 60 feet. 2. Allow a reduction of the required lot depth of 150 feet to 121 feet for those lots backing onto Taft Hill Road. B. Aspen Knolls - The Developer is requesting a variance from the required 60-foot right of way down to 50 feet. C. Planning and Zoning Board Recommendation - The Planning and Zoning Board did not make a reconyrendation on the requested variances. Two motions were made, but neither was seconded. There was, however, a lot of dis- cussion relative to the hardship to the Developers in complying with the ' Ordinance. 253 April 18, 1978 D. Planning Staff Rec=mendation - The Planning staff is recommending that the variances be denied on the basis that no individual hardship relating ' to the sites of the development has been shown. E. City Manager's Rec.-omnmendation - We recommend that Council consider any hard- ship presented by the Developer and make a determination whether a sufficient hardship has been demonstrated to justify each variance requested. II. Preliminary Plat Approval A. Village West 9th - If the varianoes are granted, we recommend that the preliminary plat be approved conditional upon showing existing adjacent utilities and looping of the water line between the east cul-de-sac south of Stuart Street and the loop street to the west of the cul-de-sac. If one or both of the variances are not granted, the plat approval should also be conditional upon compliance with those ordinance requirements (i.e. 60-foot right of way and 150-foot lot depth). B. Aspen Knolls - If the requested right-of-way variance is granted, we recom- mend approval conditional upon copliance with the following requirements: 1. The local street onto Taft Hill Road should be relocated; 2. Coordination of street improvements with curb and gutter on Taft Hill Road adjacent to the Emmanuel Christian Reformed Church; 3. Showing existing adjacent utilities and easements. If the requested variance is denied, plat approval should also be conditional ' upon showing 60-foot rights of way for local streets." Bill Bartran, representing Nortran, one of the developers of the property, gave history on the Village 9th Subdi- vision. He also discussed the work of the task force committee and their recommendations that on a collector street, the right-of-way be changed back to fifty feet, and that paving width be thirty-six feet from flow line to flow line. Since the street width ordinance is prob- ably some time away, he requested the two variances be granted that will accomplish what the ordinance will most likely mandate. Marc Middell, representing the Northern Property Owners Taft Hill Development Corporation, reiterated Mr. Bar- tran's concern relative to the length of time until the street width ordinance is submitted to Council for ap- proval. Robert Evans, Planning and Zoning Board member, empha- sized the position of the Planning and Zoning Board in that they felt variances should not be granted unless hardship is shown, and that the developer should re -sub- mit this plan when the new street width ordinance becomes effective. I 254 April 18, 1978 Dr. Bonsall Johnson, 1828 Manchester, expressed a cer- tain lack of trust between the Council and himself. He voiced opinions regarding Mr. Bartran's subdivision (Vil- lage 9th) as opposed to Mr. Middell's subdivision (Aspen Knolls). He spoke of the percentage of land area de- voted to streets in the Bartran subdivision, and asked that Council carefully look at what they're being asked to do by the developer, and what the net value of their recommendation is. Councilman Wilkinson made a motion, seconded by Council- man Bowling to grant both variances as requested by the petitioner in Village West Subdivision, 9th Filing to allow fifty foot right-of-way on local streets rather than the required sixty feet, and to allow a reduction of the required lot depth of 150 feet to 121 feet for those lots backing onto Taft Hill Road. Yeas: Coun- cilmembers Bloom, Bowling, St. Croix and Wilkinson. Nays: Councilmembers Gray, Russell and Suinn. THE MOTION CARRIED Councilman Bowling made a motion, seconded by Council- woman Gray to approve the Village West Subdivision, 9th Filing preliminary plan. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. ' THE MOTION CARRIED Aspen Knolls Subdivision, Preliminary Plat Approved Following is the City Manager's memorandum on this item: Aspen Knolls: "Council should refer to our Agenda Item Summary for Item No. 40. In brief, there are tuv separate issues Council must consider for 1. a requested variance fmn the required 60-foot right of way down to 50-feet, and 2. preliminary plat approval. As with Village West 9th Subdivision regarding the variance issue, Council should consider any hardships presented by the developer and make a determina- tion on this basis whether the requested variance is justified. Regarding preliminary plat approval, if the right-of-way variance is granted, we reconmend approval conditional upon: 1. The local street onto Taft Hill Road should be relocated; 255 April 18, 1978 2. Coordination of street irriprovements with curb and gutter on Taft Hill Road adjacent to the nTmanuel Christian Reformed Church; 3. Showing existing adjacent utilities and easements. If the requested variance is denied, plat approval should alsobe conditional upon showing 60-foot rights of way for local streets." Councilman Bowling made a motion, seconded by Council- man Bloom to approve the variance requested by the peti- tioner for the Aspen Knolls Subdivision to allow the variance from the required sixty foot right-of-way down to fifty feet. Yeas: Councilmembers Bloom, Bowling, St. Croix and Wilkinson. Nays: Councilmembers Gray, Russell and Suinn. THE MOTION CARRIED Councilwoman Gray made a motion, seconded by Council- man Bowling to approve the Aspen Knolls Subdivision preliminary plat subject to conditions set forth in the City Manager's memorandum. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Appeal from Decision of the City Clerk Denying Renewal of Pawnbroker's License for the City Pawn Shop Continued Mayor Suinn declared the pawnbroker's license issue re- opened for'discussion. City Attorney March announced that an agreement had been reached with all parties involved that, subject to Council approval, the pawnbroker's license be re- issued upon the condition that after 90 days on the new license, there will be an evaluation of the per- formance of the licensee under the license, and if that performance includes any substantial failures to act in accordance with the requirements of the license, the matter will then be brought back to the Council for a hearing on revocation of the license. In essence, this is a 90 day probationary period. Councilwoman Gray stated that should make a decision on this feel a 90 day probation period she felt the hearing should be or completed at this meeting. 256 she felt that Council matter, that she did not was necessary, and that continued to another date April 18, 1978 Councilwoman Gray made a motion, seconded by Council- man Suinn to continue the hearing to the next Council ' meeting. Yeas: Councilmembers Bloom, Gray, St. Croix and Suinn. Nays: Councilmembers Bowling, Russell and Wilkinson. THE MOTION CARRIED Councilwoman Gray made a motion, seconded by Council- man St. Croix that the license remain in effect until the hearing is completed, and that the hearing date be determined in the next day or so and the attorney for Mr. Zwetzig be notified. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: Councilman Russell. THE MOTION CARRIED Mayor Suinn asked City Manager Arnold to schedule this hearing date and notify those involved, and also to schedule a court reporter to take a transcript of the hearing. Ordinance Adopted on Second Reading Zoning the CSU - West Prospect Property ' Following is the City Manager's memorandum on this item: ,,This is a proposal to zone 7 acres located on West Prospect Street east of Center Drive, B-P, Planned Business District. The Colorado State University Research Foundation has requested zoning of this parcel of land in order to permit the construction of a conference/hotel facility. This ordinance passed on first reading at the April 4, 1978, Council meeting by a vote of 4 - 2. Mayor Richard Suinn withdrew from the vote. Staff reconvends approval" Mayor Suinn asked that the record show he withdrew from discussion and vote on this item. John Walker, attorney representing the Fort Collins Inn- keepers' Association, asked that this matter be continued, as the State Board of Agriculture is meeting in Durango later this week; their decision might make the issue aca- demic. Council's consensus was that they felt they were obli- gated to hear the matter, as many persons were present ' and expected it to be heard. 257 April 18, 1978 George Olson, President of Colorado State University Research Foundation, stated that he had stated their comments at the last meeting and had nothing further ' to add. John Walker, attorney, stated that it was his opinion that this proposed ordinance constitutes spot zoning, or piece meal zoning, and should be denied, and that B-P is not an appropriate zoning classification for this property. He again asked that this item be tabled un-, til there is some plan for the eighty acres south of this site that CSURF has not requested to be zoned, as all of the area, not part, should be zoned at the same time. Mr. Walker spoke to the increased traffic on Prospect, and especially at the intersection of Prospect and Col- lege, that this hotel complex would create, and requested that the ordinance be denied or tabled until some other zoning is planned for the eighty acres immediately south of this proposed zoning. Claire McMillen, owner of the Edge O'Town Motel, 1638 East Mulberry, stated that he felt CSURF has been less than candid with the declaration of their lands to the Council and recommended tabling this item until a broad zoning on CSURF land is obtained, and then the zoning could be changed at a later date. Lyle Rudd noted that staff and Planning and Zoning both ' recommended against the zoning because of spot zoning and traffic hazards, and asked that Council give these two matters additional thought before making a decision. Planning Director Les Kaplan stated that after discussion with the Traffic Engineer and the Director of Engineering Services, they felt that with the anticipated improvements along Prospect Street, the traffic would not be a problem as a result of the hotel use on this site. Councilman Bowling made a motion, seconded by Councilman Bloom to adopt Ordinance No. 39, 1978, on second reading. Yeas: Councilmembers Bloom, Bowling, St. Croix and Wil- kinson. Nays: Councilmembers Gray and Russell. (Mayor Suinn withdrew from voting on this item.) THE MOTION CARRIED 258 1 April 18, 1978 1 Other Business Councilman Russell Selected as Platte River Power Authority Representative Mayor Suinn stated that he was not interested in being the designated representative to the Platte River Power Authority, and suggested that Mr. Russell continue as that representative. Councilman Bloom made a motion, seconded by Councilwo- man Gray that Councilman Russell continue as the desig- nated representative to the Platte River Power Authority. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED MESA Participation Discussed Councilman Russell asked for Council direction in Fort Collins participation and guidelines in the amount of funding contribution to MESA, which is the name of the organization formed by the four cities which will com- bine to form the energy conservation program. Council consensus was that either a budgetory amount be named or a maximum dollar amount be set before Council would allow Fort Collins to participate. Adjournment Mayor Suinn declared the meeting adjourned to April 25, 1978. The meeting adjourned at ATTEST: Ci y Clerk 259