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HomeMy WebLinkAboutMINUTES-05/16/1978-Regularr May 16, 1978 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Regular Meeting - 4:30 P.M. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, May 16, 1978, at 4:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Bloom, Bowling, Gray, Russell, St. Croix and Suinn. Absent: None. (Secretary's note: Councilman Wilkin- son arrived at the meeting at 4:45 p.m.) Staff Members Present: Arnold, Lanspery, Kaplan, Bing - man, Polifka, Phillips, Harmon, Sanfilippo, Deagle, Wood, Woods, McGraw, Ward, Krempel, Krajicek, Liley and Lewis. Also: City Attorney Arthur March, Jr. Community Development Act Proposals and Budgets Approved Following is the City Manager's memorandum on this item: "Council discussed 1978 Cc mnuuty Development proposals on May 9, and now needs to formalize the list of recam ended projects and budgets.so they can be submitted to H.U.D. for review. Council, however, requested some clarification on several projects: (1) Housing Authority Land Bank: We are approaching a critical juncture in providing low-income housing under the HUD performance evaluation system. During the three years we received Community Development funds, there was no construction of low-income family units in the City other than Northwood Apartments. Only 20% of this complex (36 units) need be allocated to low-income persons. Although we have a very active rehabilitation program, our record in providing low-income rentals is not very good compared to other cities. The problem is complicated by the fact that we had no family rental program at all prior to 1975. Other comparable cities have had programs for several years. 287 May 16, 1978 The Land Bank Concept would not be limited to the purchase of undeveloped land. We could also purchase and renovate older properties in the City. Our goal is to give the Housing Authority some options other than simply reacting to proposals from private developers. Our future participation in the Community Development Grant Program may depend on our providing housing. We estimate that the rehabilitation program can't satisfy more than 30% of the total lac -income housing need in Fort Collins. We need to work out administrative and operating details, but we feel the housing need is critical and think the Land Bank Concept is an innovative response to that need. (2) paving from Third to Ninth Street: vie were asked if CD funds could be used to match assessment funds to install curb and gutter along the strip from Third Street to Ninth. Art March indicates that an assessment district is probably not feasible until development of the property fronting along Bucking- ham St. We are proposing a minimum improvement of a thin asphalt mat that should eliminate dust problems and create a bike path. A full Inprovement District can be established when the area develops. (3) Historic Renovation: It was suggested that this money should be spent on a specialist in the building inspection department who would advise individuals trying to renovate older buildings. This and other options can be evaluated after H.U.D. has approved the funds. Right now we don't have to indicate how the program will be operated. (4) Reallocation of 1977 Fluids: A discussion of unencumbered 1977 funds can be scheduled for a work session sometime in June. We think we'll have some new information regarding parking in the downtown at that time." City Manager Arnold stated the staff had additional in- formation on the Housing Authority Land Bank. This in- formation was provided by Jim Woods, Rehabilitation Di- rector. Council discussed the possibility of moving the $50,000 from this program to the Contingency Fund. Councilman Bowling made a motion, seconded by Councilman St. Croix to approve the staff recommendation for Communi- ty Development Funding for a total of $721,000, with the exception of Item No. 11 (Housing Authority Land Bank), and that Item No. 11 be deleted and the $50,000 be placed in the Contingency Fund, making that Fund's budget $62,190. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: Councilman Bloom. THE MOTION CARRIED 288 May 16, 1978 Following is the listing of approved projects and budgets: Priori ty iaodmrended Number. Project Description Budget 1 Community Development Administration $ 70,000 This will continue the existing A persons currently involved in administration of the CD Program. 2 Housing Rehabilitation 175,000 In addition to the standard loan and grant program, this year the staff will attempt to develop demonstra- tion projects for solar or energy conservation for low- income folks. Also planned is a demolition and clearance program that will combine neighborhood upgrading with increasing employment opportunities for neighborhood residents. About 15 dilapidated structures are planned to be demolished. Solar (conservation) $ 10,000 Standard 150,000 Demolition 15,000 3 Handicapped Programs 24,700 Projects to improve living conditions in the community for handicapped persons would include the following: Installation of audible signals at $ 2,200 downtown intersections Assistance in removal of architectural barriers for the following: Businesses (to comply with Code: 7,500 matching) Residential (in handicapped homes) 7,500 Public (curbs, etc.) 7,500 L� one of the problems that we find is that many businesses attempt to renovate older homes for offices. They find it extremely expensive to comply with codes that require eliminating architectural barriers for the handicapped. lie would like to suggest a fifty-fifty matching program on a first-corTe, first -served basis for $7,500 as an incentive to these businesses. Many handicapped live in apartments or homes unadaptel for their needs. Architect- ural barriers exist that the City would like to assist in removing. This program would provide a total of $7,500 for a number of grants to eliminate those barriers. Curbs near handicapped parking stalls need handicapped ramping throughout the city. Other barriers on public property need to be addressed. M May 16, 1978 Priority Recommended Number Project Description Budget 4 Neighbor. to Neighbor, Inc. $ 26,410 Neighbor to Neighbor directly supports the City's rehabilitation program with both a housing production crew and housing counselors. The proposal is to fund the construction supervisor and one housing counselor. The staff feels that the program has been very success- ful in supporting the city's housing programs as well as creating employment and training opportunities for low- income, unskilled persons. This is also the minimiun level at which Neighbor to Neighbor can maintain its program. Riverside Park 86,000 This project will benefit all the northside neighborhoods as well as create a desirable environment for the new recreation center. Phase I would be funded this year and will be designed to reduce irrigation requirenents. It is a 2-year project and would be completed with approximately $36,000 in improvements for Phase II. Paving in Andersonville/Alta Vista 49,500 This project is badly needed to improve the general environment and drainage problems in the area. In addition to the original request, the length of Buckingham street between Third street and Ninth is also recommended to be paved at an estimated cost of $21,000. . Historic Renovation 15,000 Tne goal of the City is to stimulate interest in and support private investment in the restoration of historic areas and buildings in the community. It would be done through a feasibility study on a facade easement program and grant or loan assistance to building owners who may encounter extraordinary expenses due to code compliance, etc. The facade study could provide design concepts and elevation drawings for approximately 25 buildings if there is sufficient interest among property owners. The grant/loan program is intended to address the problems of adapting older buildings to m dern uses while insuring an adequate level of safety and health measures. We're aiming at increasing usage of the downtown. Facade easement study Grant/loan assistance $ 5,000 10,000 Community Education/Citizen Participation As the City w.Lll be required to .institute a greatly expanded citizen participation program by August 1, 1978, it is proposed to utilize the existing outreach and neigh- borhood development program being conducted by the Poudre Valley Community Education Association. A pilot project at Fullana and Laurel Schools is recommended. This is less than the request of. $15,000. 290 5,000 1 i� J May 16, 1978 Priority Recommended Number- project Description Budget 9 Irovemnts to North College Avenue $ 48,000 The project would match General Fund, Special Improvement District Funds, or Capital Improvement Street Funds with CD Funds to provide curb, gutter., medians, and landscaping along North College from Vine to Willox Lane. The project will greatly enhance the environment of the area as well as support the City's goal of encouraging future growth and develop ant to the north. 10 Andersonville/Alta Vista Water Main 79,200 is project wo provr e standard pressure to the two neighborhoods involved as well as a loop system that can tie into future development north of Vine Drive. It will directly benefit a number of very low-income families while again, as with the North College improverients, supporting the City's broad strategy of creating opportunities for new development to locate in the north area of the city. *11 Housing Authority Land Bank 50,000 By purchasing and holding property for future develolxnent, the Housing Authority will realize some protection from increasing land prices in addition to giving the City a greater voice in the location, density, and design of subsidized projects. 12 Local Development Cooration 50,000 IF, s rs a continuatirpon or the 1977 proposal to provide seed money for loans to stimulate comrercial renovation and economic development in older areas of the city. Through this program, we are able to achieve a leverage ratio of five to one with private investment, and support the creation of new jobs and economic activity. 13 Bikeways 30,000 In awn ee fort to promote energy conservation and better air quality, portions of. the City's bikeway system serving older, low-income neighborhoods (the only eligible areas) would be developed. The project will also support the City's long-range goal of developing a total transportation system in the oommunity, in the only way CD funds are eligible. **14 Contingency FwA 12,190 We are requesting this arount be designated as a contingency fund principally to allow us to consider a joint effort with the Chamber of Commerce or Local Development Company, or to fund a staff position for economic development projects. A contingency designation will provide the flexibility to utilize the funds in tine must effective manner. As with several other recommended projects, one of the City's major goals is to maximize the impact of public funds through seed money or joint projects with the private sector to achieve braod coarunity goals and objectives. * This item deleted and the budget transferred to Contingency Fund. ** This budget increased to $62,190 by transfer of budget from the Contingency Fund. 291 4 5 0 7 N 0 May 16, 1978 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: CONSIDER APPROVING THE MINUTES OF THE AWOUI;TM MELTING OF MAY 1, 1978, AND THE REGULAR MEETING OF May 2, 1978, AND THE SPECIAL MEETING OF MAY 9, 1978. SECOND READING OF ORDINANCE NO. 47, 1978, ANNEXING PROPERTY KNOWN AS THE EAST VINE DRIVE FIFTH ANNEXATION. This ordinance passed favorably on first reading on May 2. This is a proposal to annex 201.97 acres located on East Vine Drive west of North isnay Avenue. This is a staff -initiated annexation. Staff recomends approval. SECOND READING OF ORDINANCE No. 48, 1978, ANN aNG PROPERTY KNOWN AS THE FAST VINE FOURTH ANNEXATION. This ordinance passed favorably on first reading on May 2. This is a proposal to annex 6.89 acres located north of East Vine Drive and east of North College Avenue. This is a staff -initiated annexation. Staff recomiends approval. SECOND READING OF ORDINANCE NO. 49, 1978, MsEX NG PROPERTY KNOWN AS THE DREHER FIRST ANNEXATION. This ordinance passed favorably on first reading on May 2. This is a proposal to annex 28.52 acres located south of Conifer Street and east of North College Avenue. This is a staff -initiated annexation. Staff recc miends approval. AppoiNTmEar OF CHAIRMAN OF SISTER CITIES CCPWTrEE Romerta Cook has resigned as Chairman of the Sister Cities Committee. The cc mdttee elected Buford Plemrons Chairman at their meeting on May 8. Council now needs to approve this election. Staff reed mi?x0s approval. RFSOII.TTICN APPROVING SOLE SOURCE pUR:HASE FOR ONE 115KV CIRCUIT SWTICHER. This is a request for a sole source purchase for a circuit switcher. This particular switcher is the only switcher with certain capabilities that are important to our electric utility. We recc miend approval of this Resolution. 292 May 16, 1978 10. CONSIDERATION OF CONTRACT CONCERNING ZONING OF CSURF PROPERTY. This 7-acre tract is owned by CSURF and was zoned by Council as B-P, Planned Business District on April 18. CSURF officials have signed an agreement with the City which stipulates that only a hotel -motel complex is to be developed on that property. Staff reoomnends approval of this agreement. 11. CONSIDER VARIOUS DEEDS AND EASEMENTS. Various easements and deeds are submitted for Council's consideration involving a total expenditure of $2.00. Staff recommends approval. 12. GRANT OF RIGHT OF WAY AND EASEMENT FORA SEWER ALONG SPRING CREEK. This is a request for approval of an easement along Spring Creek from a Mr. LaConte at an expenditure of $2,494.91. Staff recommends approval. 13. THIRD AMENDMENT OF EASTGATE P.U.U., PRELIMINARY PLAN. This is a proposal for 44 residential units and 12 commercial uses on 6.2 acres zoned R-M-P and B-P, located on Riverside Drive between Montgomery and Pitkin Streets. Staff recommends approval. 14. 2000 PARK CENTER P.U.D., PRELIMINARY PLAN. This is a proposal for a conmmercial P.U.D. with retail uses on .97 acres zoned H-B and located on College Avenue north of the Sherwood Ditch. Staff is recommending approval subject to staff comments being handled on the final plans. 15. TRAIISIDE SUBDIVISION, PRELIMINARY PLAN. This is a proposal for 29 nulti-family lots on 10.8 acres zoned R-L-M and R-L, and located on West Elizabeth Street at Overland Trail. Staff reccnrends approval conditional upon staff concerns being met on the final plans. 16. RFSCLUTION INITIATING ANNEXATION PROCEEDINGS FOR THE HORSE7IWTH- HARMONY ANNEXATION. This Resolution will initiate the annexation proceedings and estab- lish June 20 as the hearing date for this annexation. This Petition for Annexation includes the Troutman property, various existing com- mercial properties on College Avenue, and the Park South Development. This meets the required 30 days' notice. Staff recommends adoption of this resolution. The following items were withdrawn from the Consent Cal- endar: 8. Appointment of chairman of Sister Cities Committee. 10. Consideration of contract concerning zoning of CSURF property. 293 May 16, 1978 13. Third amendment of Eastgate P.U.D., preliminary plan. 14. 2000 Park Center P.U.D., preliminary plan. 16. Resolution initiating annexation proceedings for the Horsetooth-Harmony Annexation. The ordinances presented for adoption on second reading were read by title by City Clerk Verna Lewis as follows: 5. Ordinance No. 47, 1978, being an ordinance annexing certain territory to the City of Fort Collins, Colo- rado (East Vine Drive Fifth Annexation) 6. Ordinance No. 48, 1978, being an ordinance annexing certain territory to the City of Fort Collins, Colo- rado (East Vine Drive Fourth Annexation) 7. Ordinance No. 49, 1978, being an ordinance annexing certain territory to the City of Fort Collins, Colo- rado (Dreher First Annexation) The resolution presented for adoption was as follows: 9. Resolution 78-46 of Collins authorizing the the Council of the City of Fort purchase of certain electri- cal equipment on a sole source basis. Councilwoman Gray made a motion, seconded by Councilman Russell to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Mayor Suinn stated Council would go back to those items withdrawn from the Consent Calendar. 8. Appointment of Chairman of Sister Cities Committee ADDroved Mayor Suinn stated he had asked this item be with- drawn in order to provide the Council with the op- portunity to send a letter of appreciation to Mrs. Cook and to indicate Council's pleasure in Mr. Plem- mons' willingness to serve on the Sister City Com- mittee. i 294 May 16, 1978 Councilman Russell made a motion, seconded by Councilman Bowling to approve the election of Buford Plemmons as chairman of the Sister Cities Committee. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 1 10. Contract Concerning Zoning of CSURF Property Approved Following is the City Manager's memorandum on this item: "On April 18, Council approved on second reading the zoning ordinance placing approximately 7 acres of property owned by CSURF into the B-P, Planned Business Zoning District.' Officials of CSURF have signed an agreement between the City and CSURF which stipulates that only a hotel-irotel complex is to be developed on that property. We believe that this agreement meets the concerns expressed by Council during discussion of the zoning ordinance. We recommend that Council authorize the City Manager and City Clerk to execute this agreement conditioning zoning on a particular use:' City Manager Arnold stated there had been a request by the Innkeepers' Association to discuss this matter. Mr. Barry McFall, 112 East Stuart Street, President of the Fort Collins Innkeepers' Association, dis- tributed a letter requesting that this item "be post- poned for public discussion until the next regular meeting of this Council." Councilman Bowling stated he had a copy of the letter but wished to know on what basis they are asking that this item be postponed, as there have already been two public hearings on this matter. Mr. McFall stated he had attended both meetings and there had been discussion of the contract at the April 4th meeting, but not at the April 18, 1978 meeting. Assistant City Attorney Liley responded that a copy of the contract was on the agenda at the April 18th meeting; in fact, this was more of a technical mat- ter, as she thought that Council had intended at the time of the motion (on second reading of the ordinance) that they were approving the contract. 295 May 16, 1978 City Attorney March addressed the reasons stated in the letter from Attorney Accetta, on behalf of the Innkeepers' Association. Mayor Suinn then stated "Mr. McFall, apparently the question back to you is whether you feel as though you have another justification for asking for postponement." Mr. McFall responded, "No." Councilman St. Croix made a motion, seconded by Councilman Wilkinson to approve the contract and authorize the City Manager and City Clerk to exe- cute this agreement. Mr. McFall then distributed a list of questions which are included and made a part hereof.: I:Ay 16, 1978 TO NVIBERS OF CITY COUNCIL, FORT COLLIVS, COLO. In behalf of the Fort Collins Innkeepers Assoc., I , Barry McFall, request of the city council answers to the following questions pertaining to city ordinance 4301 and the CSURF contract related to sane. 1. Is the zoning ordinance (#39), passed at their Apr. 4th nectin„ this year, "con2:itional" upon this contract? 2. What is the city council's interpretation of the "Normal and Customary usage of a hotel"?? 3. Under that condition is the city council going to "loot; at" a Successor in Interest"?? 4. Where will the profits from this contract go? 5. liho is going to pay the taxes? J 296 May 16, 1978 6. Why isn't the contract specific as to clarifing ownership? 7. Why has the contract been left open for possible future alterations? Respectfully, ��l � 4/ City Attorney March responded to the (above listed) questions. Mr. McFall pursued his questions regarding the in- tent of the contract. Mayor Suinn stated "Let me suggest that if you do have some specific items, that you sit down with either of our attorneys, or if your attorney is here, that perhaps you and your attorney and our attorneys may wish to sit down and discuss the con- tract." Mr. Claire McMillen, owner of the Edge 0' Town Motel, inquired into the tax question, as to when a tax exempt property converts to a taxable status. Assistant City Attorney Liley reported that there are two Exhibits "A" in the agenda. The single paragraph "A" containing seven acres is the proper exhibit to be attached to this contract. Mayor Suinn then put the pending motion with the following vote. Yeas: Councilmembers Bloom, Bowl- ing, Gray, Russell, St. Croix and Wilkinson. Nays: None. (Mayor Suinn abstained from voting on this item.) THE MOTION CARRIED 9 297 May 16, 1978 13. Third Amendment of Eastgate P.U.D., Preliminary Plan Approved Following is the City Manager's memorandum on this item: .1This is a proposal for 44 residential units and 12 cam ercial uses on 6.2 acres zoned R-M-P and B-P, and located on Riverside Drive between Montganery and Pitkin Streets. Staff and Planning and Zoning Board see no problems with the preliminary plans and recommend approval as submitted. Planner II Paul Deibel identified the area in question. Councilwoman Gray made a motion, seconded by Coun- cilman Bowling to approve the third amendment of Eastgate P.U.D. preliminary plan. Yeas: Council - members Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell out of the room.) THE MOTION CARRIED 14. 2000 Park Center P.U.D., Preliminary Plan Approved Following is the City Manager's memorandum on this item: " This is a proposal for a commercial P.U.D. with retail uses on .97 acres zoned H-B and located on College Avenue north of the Sherwood Ditch. Staff comments basically concerned internal circulation and deficient parking. The applicant has agreed to (1) curve the main driveway to discourage through traffic, and (2) to reduce floorspace in the building from 5,170 square feet to 4,750 square feet in order to provide more parking. The proposal is still 58 short of meeting parking requirements. We feel this deficiency is acceptable because of the on -street parking available nearby on Remington Street. Planning and Zoning Board unanimously recanrtnnded approval subject to these staff comments being handled on the final plans." Planner II Paul Deibel identified the area in question, and spoke to the staff concerns. Councilman Bowling made a motion, seconded by Coun- cilwoman Gray to approve the 2000 Park Center P.U.D. preliminary plan, subject to staff concerns being handled on the final plat. Councilman Bloom stated he did not feel a reduction in parking area for the bank was wise. 298 May 16, 1978 Mayor Suinn put the pending motion with the following vote. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 16. Resolution Adopted Initiating Annexation Proceedings for the Horsetooth-Harmony Annexation Following is the City Manager's memorandum on this item: " The City has received a Petition for Annexation of the lam on South College Avenue extending from Horsetooth Road to Harmony Road for a distance of one-half mile from College Avenue. This includes the Troutman property, various existing com- mercial properties on College Avenue, and the Park South Development. Since the peti- tioners were not all of the landowners, it is required that the City initiate this annexa- tion by Resolution and advertise notice of the pending procedures for 30 days before proceeding further. This matter was considered by the Planning and Zoning Board at its meeting on May 8th, and although the Board expressed regret over some of the circumstances per- taining to this area on the fringe of the City, they unanimously recamnended that the City Council annex the property. The Board also considered the zoning proposals for some of the property but deferred making recamendations on all of the property until further study. In any event, the proposals on zoning cannot be presented to the Council until after 30 days'notice is given. The minutes of the Planning and Zoning Board meeting are not available at this time but will be oompleted before the Council meeting and will be distributed at that time. . Other issues such as utility service, development plans, and the like will also be appropriate for discussion after the 30 days' notice has been given!' Councilman Bowling made a motion, seconded by Coun- cilman Russell to adopt Resolution 78-47. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Rezoning East Vine Drive Following is the City Manager's memorandum on this item: " This is a staff -initiated item and would rezone approximately 45 acres between Evergreen Park and the Downtown from M-M (Medium Density Mobile Hord to R-M-P. 299 May 16, 1978 We feel the rezoning would upgrade this area and provide opportunity for additional higher density, lower cost housing near our Downtown area. This rezoning was discussed in the North Fort Collins Annexation and Rezoning Report that Council received May 2. Basically, the rezoning addresses the follow- ing concerns stated in that report: (1) The Downtown Redevelopment Program with the directly related need to supportively inter -relate surrounding land use; (2) The need to reinforce the Housing Rehabilitation Program in Andersonville, Alta Vista and Buckingham through surrounding land uses; (3). The desirability of addressing the aesthetic and traffic flaw problems on North College Avenue; and ultimately, (4) The necessity of -developing a city position on what constitutes a desirable pattern of growth for northeast Fort Collins. We recommend approval of the ordinance in order to promote our goals for North Fort Collins." Councilman Russell asked to be excused from discussion, as he might have a possible conflict of interest. Director of Planning Les Kaplan gave an oral presen- tation of the staff initiated annexations and recom- mended zonings. Ms. Lou Stitzel, representing Neighbor to Neighbor, requested that Council consider amending Ordinance No. 52, 1978, zoning East Vine Drive Fifth Annexation to place a portion now proposed for the I-P, Industrial Park District, to the R-M-P zone in the Alta Vista area. Councilman Bloom made a motion, seconded by Councilman Bowling to adopt Ordinance No. 50, 1978, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell out of the room.) THE MOTION CARRIED Ordinance Adopted on First Reading Rezoning North College Following is the City Manager's memorandum on this item: " This is a staff -initiated rezoning that would rezone to H-B the present commercially zoned property along North College between the old power plant and Hickory 300 May 16, 1978 Street. Also included in this rezoning is a 135-ft. strip of land zoned M-M which is pro- posed to be rezoned H-B. We feel this rezoning would upgrade this stretch of North College, and serve our goal of encouraging northern development. This rezoning was discussed in the North Fort Collins Annexations and Rezoning report that Council received May 2. As indicated in the preceding memo, the rezoning addresses our stated concerns regarding land uses and development in the North Fort Collins area. We recommend approval of this ordinance in order to promote our goals for North Fort Collins." Councilman Bowling made a motion, seconded by Council- man Wilkinson to adopt Ordinance No. 51, 1978, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Coun- cilman Russell out of the room.) THE MOTION CARRIED Ordinance on First Reading Zoning East Vine Drive Fifth Deferred This item was deferred until later in the meeting to allow City Attorney March to amend the ordinance as requested by Ms. Stitzel of Neighbor to Neighbor. Ordinance Adopted on First Reading Zoning the Dreher First Annexation Following is the City Manager's memorandum on this item: 'Phis ordinance would zone the property included in the Dreher First Annexation. Approximately 10.5 acres would be zoned H-B and 18 acres would be zoned I-P. The recommended I-P zoning is consistent with the existing I-P tract in that area. The H-B zoning would provide the properties facing North College some additional lot depth and perhaps promote redevelopment in that area. We recommend approval." 9 301 May 16, 1978 Charles Unfug, attorney representing Tom and Ron Dreher spoke to the proposed annexation. He noted that his clients were in agreement with the proposed zonings on the Dreher First Annexation. In regard to the East Vine Drive Fifth Annexation, whose owners he also rep- resents, he recommended that the area now proposed for R-M-P zoning should be zoned I-P so that at the time of development, all the land in that area may be treated the same, rather than breaking it up because of dif- ferent zoning classifications. He stated that the pro- posed R-M-P zoning is not suitable for residential de- velopment and that the surrounding area is primarily in- dustrial. Council questioned whether any developer would go into that area and build new units for residential use. Director of Planning Kaplan responded, saying that if the City provides the right incentives and considering the recent downtown redevelopment, the area will be viable for residential development; if not, it can be rezoned. He felt that the area should be "given a chance" in the market place before resigning it to industrial use, and that there is substantial unde- veloped industrial property in this northeast section of town. Councilman Wilkinson made a motion, seconded by Coun- cilwoman Gray to adopt Ordinance No. 53, 1978, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Coun- cilman Russell out of the room.) THE MOTION CARRIED Ordinance Tabled on First Reading Zoning East Vine Drive Fifth Annexation to June 6, 1978 City Attorney March suggested that this ordinance be tabled until June 6, 1978, to allow xhe.two proposed changes to be made. Councilman Bowling made a motion, seconded by Council- woman Gray to table Ordinance No. 52, 1978, on first reading to June 6, 1978. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell out of the room.) THE MOTION CARRIED 302 I May 16, 1978 Ordinance Adopted as Amended on First Reading Zoning the East Vine Drive Fourth Annexation Following is the City Manager's memorandum on this item: "This ordinance zones the property included in the East Vine Drive 4th Annexation. Approximately 4.3 acres are proposed for C-Ccnvercial zoning and 2.6 acres are reco Tended for H-B zoning. These zonings are consistent with existing uses in the area. We reco ryand approval. " City Attorney March noted that there were errors in the legal descriptions and gave the corrected versions. He suggested the ordinance be amended to reflect these cor- rections. Councilman Bloom made a motion, seconded by Councilwoman Gray to amend the ordinance as stated by .City Attorney March. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell out of the room.) THE MOTION CARRIED Councilman Wilkinson made a motion, seconded by Coun- cilman Bloom to adopt Ordinance No. 54, 1978, as amended on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell out of the room.) THE MOTION CARRIED Ordinance Adopted on First Reading Amending Section 118-62 of the Code Relating to Permitted Uses in the H-B Highway Business District Following is the City Manager's memorandum on this item: "This item was tabled on May 2nd due to a lack of quorum to vote on this change. The section of the Cade which relates to permitted uses in the H-B zone has been amended several times in the last few months and we have not received updates from General Code Publishers in several months. Consequently, the numbering and lettering is incorrect and we feel the simplest thing to do at this point is to redo the whole use provisions of this section of the Code. We recommend approval of this Ordinance to clear up any confusion the recent changes to the Ordinance might cause." 303 May 16, 1978 Councilmembers Bowling and Wilkinson asked to with- draw from the discussion of this item in light of possible conflicts. Councilwoman Gray made a motion, seconded by Coun- cilman Bloom to adopt Ordinance No. 45, 1978, on first reading. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix and Suinn. Nays: None. (Coun- cilmembers Bowling and Wilkinson out of the room.) THE MOTION CARRIED Ordinance Adopted on First Reading Consolidating Street Improvement Districts #70, 71, 72 and 73; and Authorizing Issuance of Special Assessment District Bonds in the Amount of $614,000 Following is the City Manager's memorandum on this item: " This is an ordinance prepared by Willson and Lamm, Bowl Attorneys, for the purpose of consolidating the above -named street districts and authorizing the issuance of Special Assessment District Bonds. We did not receive the ordinance in time to include it in the Agenda material. It was sent to Council under separate cover. These bonds are being issued to pay for the assessable portion or property owners share, of construction costs in each district. The table below shows the assessable portion, city costs, and total cost of construction per district. Assessable Cost City cost 7btal Bond Issue Dist. # 70 $ 59,311.10 $ 9,510.71 $ 68,821.81 $ 60,000.00 Dist. # 71 164,457.00 126,326.81 290,783.81 165,000.00 Dist. # 72 118,626.00 216,934.34 335,560.34 118,000.00 Dist. # 73 258,273.00 30,000.00 288,273.00 258,000.00 The principal amount of the bonds includes construction costs of $601,000 and financing costs of $13,000. The effective coupon interest rates on these bonds is 6.00%. We recommend approval on first reading. " I1 304 May 16, 1978 City Attorney March explained the change in figures from $571,000 to $614,000, as was discussed at the Work Session of April 11, 1978. He noted that the reason for the change was due to staff working on pre- liminary cost estimates, and now refining their esti- mates and becoming much more accurate, reflected in the larger figure. Councilman Wilkinson made a motion, seconded by Coun- cilwoman Gray to adopt Ordinance No. 55, 1978, on ' first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Lot 3 Bankcenter Square P.U.D., Final Plans Approved Following is the City Manager's memorandum on this item: "This item was tabled on May 2nd due to a lack of quorum. This is a proposal for a comnercial P.U.D. on 3.02 acres zoned H-B and located west of College Avenue north of the Century Mall. Council approved the preliminary plan for this proposal on April 4 subject to several conditions as outlined in the Planning memo. All these conditions have been addressed with the exception of the provision of remedial landscaping in front of the "Pop Shoppe." The problem the applicants face in this regard is that the. lot is not under their control. This condition, therefore, is one the City should take action to address as opposed to the applicants. We are currently examining actions. which can be takes by City to address this concern. There are no problems with these final plans. All conditions have been met satisfactorily, and we recommend approval. 11 Councilmembers Bowling and Wilkinson asked to be ex- cused from discussion because of a conflict of interest. Councilwoman Gray made a motion, seconded by Council- man Bloom to approve Lot 3, Bankcenter Square P.U.D. final plans. Yeas: Councilmembers Bloom, Gray, Rus- sell, St. Croix and Suinn. Nays: None. (Council - members Bowling and Wilkinson excused from vote.) THE MOTION CARRIED I 305 May 16, 1978 Ordinance Adopted as Amended on Second Reading Zoning Property Known as the Cunningham Corner Second Annexation Following is the City Manager's memorandum on this item: "Council passed this ordinance on first reading February 7th. The ordinance zones 12.6 acres of the Cunningham Corners Second Annexation Highway Business and 26.2 acres of the property R-P. We need to amend this ordinance to reflect new legal descriptions of the property that were received after the final survey. A copy .of this new description is attached. This amendment would change the acreage included in the H-B zone from 12.6785 to 12.3569 acres, and the acreage in R-P from 26.2 acres to 26.8085 acres. If it wasn't for the needed amendment, this item could have been _ placed on Consent. We recommend approval of this amended ordinance on second reading." Assistant City Attorney Liley noted that the ordinance needed amendments to the legal descriptions of Exhibit „ B" Councilwoman Gray made a motion, seconded by Council- man Wilkinson to amend the ordinance as suggested by Assistant City Attorney Liley. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Assistant City Attorney Liley suggested that the con- tract be considered prior to taking final action on the ordinance, as the contract would make the zoning condi- tional. Councilwoman Gray made a motion, seconded by Council- man Bloom to adopt Ordinance No. 19, 1978, as amended on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Contract Limiting Uses of the Cunningham Corner Second Annexation Approved Following is the City Manager's memorandum on this item: "After Council adopted the ordinance zoning the property known as Cunning- ham Corner Second Annexation, you considered a contract which gives the owners conditional highway business zoning. The contract prepared provided that the property can be used only for regional recreational uses plus accessory uses as defined. In addition, the 306 4 May 16, 1978 property must be developed as a P.U.D. within S years of approval of the zoning. The contract was signed by all owners of the Cunningham Corner property. Council never acted on the contract because the owner wanted to discuss some proposed uses of the property at a Council Work Session. These proposals were discussed on April llth. As a result of the discussion, the owners have decided to pursue adoption of the original contract. We see no problems with the contract and recommend approval. " Councilwoman Gray made a motion, seconded by Council- man Wilkinson to approve the contract limiting uses of the Cunningham Corner Second Annexation. Yeas: Coun- cilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None'. THE MOTION CARRIED Ordinance Tabled to July 18, 1978, on Second Reading Annexing Property Known as the Hiatt Annexation Following is the City Manager's memorandum.on this item: "council approved this ordinance on first reading on May 2. At that meeting we discussed the problem concerning use of that property by the existing owner. Basically, because of a change in ownership, the present property owner was not aware of the proposed annexation, and his stated plans for the property (greenhouses) are not allowed under our proposed R-IrP zoning. Council decided to refer this item back to the Planning and Zoning Board for a recamrendation. After consideration of several alternatives, the Planning and Zoning Board recommended that we postpone annexation of this property because the significance of the annexation was less than the hardship faced by the owner. Staff agrees with this recomiendation. We are therefore reoamending that this ordinance not be passed on second reading." — Director of Planning Kaplan outlined the various alter- natives available to Council on this matter. Bill Thomas, property owner, asked that his property re- main in the County until his greenhouse operation is ful- ly developed. Lou Stitzel of Neighbor to Neighbor made a public an- nouncement relative to Neighbor to Neighbor entering into non-profit sponsorship of housing development. She noted that eight sites are being developed for senior citizen Section 8 housing. Councilman Russell made a motion, seconded by Council- man Bowling to table Ordinance No. 46, 1978, on second reading to July 18, 1978, to allow staff time to bring 307 May 16, 1978 back an amendment to a zone it would fit into, or a contractual agreement with Mr. Thomas that would be acceptable. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Defeated on First Reading Zoning Hiatt Annexation Following is the City Manager's memorandum on this item: "If Council decides not to proceed with the Hiatt Annexation for the reasons outlined under Item No. 27, this ordinance should not be passed. However, if Council does proceed with the annexation, we recacmerd passage of this ordinance which zones the area R-L-P." Councilman Wilkinson made a motion, seconded by Coun- cilman St. Croix to deny Ordinance No. 56, 1978, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Collindale South Subdivision, First Filing, Preliminary Plat Tabled to June 6, 1978 Following is the City Manager's memorandum on this item: " The 1041 group, and the Urban Service Area Steering Committee discussed the Collindale Annexation in April. Discussion centered on the B-P zoning. In response, City Council persuaded the developer to change that zoning to T-Transition --- pending completion of the Urban Service Area Study. With that change, Council approved the zoning and master plan in February. In discussions with the County Commissioners concerning Park South, it became clear the County felt that approval was contrary to the Urban Service Area study recommendation. While staff suggested the Council's feeling about the Urban Service Area Steering Committee's concern was met with the T zoning, that didn't seen to satisfy the Commissioners. At the last Urban Service Area Steering Committee meeting the plat was reconrended to be tabled and the past misunderstanding was re -discussed. Our responsibility is to make our decisions as sound as is possible,' using all available information ---including the recommendations of the Urban Service Area Steering Committee. While the staff agrees that the development proposed is sensible, 308 May 16, 1978 there's a question of trust and support for the urban Service Area Steering Committee's work. We think it's reasonable to reocmmni tabling until completion of the Study. 2 months will not likely make a serious difference." City Manager Arnold stated that the developer, Mr Day, had requested that this item be tabled until the next Council meeting. Councilman Wilkinson made a motion, seconded by Coun- cilman Bowling to table the Collindale South Subdivi- sion, First Filing, preliminary plat until June 6, 1978. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Citizen Participation a. Deputy City Clerk Wanda Krajicek read the procla- mation on Crime Prevention Week, which was accepted by Crime Prevention Officer Jeff McConkey. b. Mayor Suinn presented a safe driving award to Police Officer Chuck Murphy in recognition of 50,000 accident -free miles. Dolph Simons, Jr., President of the World Company, Lawrence, Kansas, made a presentation to Council on a proposed cable television franchise. He described the franchise in detail, noting that it would provide strong reception for Denver Channels 2,4,7,9 and 6, and Channel 5 out of Cheyenne. In addition, they would apply for a construction per- mit for an earth receiving station to pick up satel- lite signals; i.e., channels out of Atlanta, and perhaps Chicago or San Francisco/Oakland. There would also be a local origination studio for re- mote programming, in addition to a myriad of other possiblilties. He gave a time -table on implemen- tation of his program once the franchise agreement has been revised and resolved. He asked Council to check the credentials of his company with persons in the Lawrence area. City Manager Arnold suggested that this item be discussed in further detail at a Work Session in early June, and was directed by Council to pro- ceed along these lines. M May 16, 1978 City Manager's Report a. City Manager Arnold reported on a letter from the Colorado Municipal League concerning the recent court case of Mountain Bell and the refund. b. Assistant City Manager Susan Sanfilippo gave an update on the closing of the Fort Collins -Loveland Airport. She noted that the airport is anticipated to reopen July 1, 1978. c.. City Manager Arnold announced that the County has concurred in Council's decision to hire the Toups Corporation for the Corridor study. d. City Manager Arnold noted that the joint School Board meeting has been set for Wednesday, June 7, 1978. e. City Manager Arnold stated that an appointment to the MESA group was needed and suggested Mr. Stan Case as the City's representative. Councilman Wilkinson made a motion, seconded by Councilman Russell to appoint Mr. Stan Case as the City's representative to MESA for a one year period. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. 4 THE MOTION CARRIED Report from City Council Members on Committees a. Councilman Bloom announced that he had been asked to serve on the Colorado Municipal League Pension Committee. b. Councilman Bowling announced that he was just in- formed that he is Chairman of the Land Use Commit- tee, and that there will be a meeting next week; also, that the Corridor Committee will meet on Friday, May 26, 1978. c.. Councilwoman Gray noted that the Colorado Municipal League's Resolution Committee will meet on June 2, 1978. 310 J May 16, 1978 d. Councilman Russell noted that Platte River Power Authority would meet on Wednesday, May 17, 1978, at 9:00 a.m. to discuss the allocation and impact damage to the Craig and Yampa Power Project. e. Councilman Wilkinson reported that the 1041 Steering Committee will meet on June 8, 1978. Resolution Adopted Making Appointment to the Planning and Zoning Board Following is the City Manager's memorandum on this item: "Due to, the resignation of William F. Dressel from the Planning and Zoning Board, a vacancy currently exists on the board. This vacancy has been advertised through the news media. Under separate cover the City Council will receive a summary along with copies of the applications submitted. Council has requested that we fill this earlier than originally scheduled due to the tremendous workload of the Board and various problems that arise when there is a vacancy." After reviewing the applicants for the vacancy on the Planning and Zoning Board, Council selected Charles S. Unfug by majority vote to fill the vacancy. The vote was as follows: Bloom - Muenzberg Bowling - Unfug Gray - Unfug Russell - Unfug St. Croix - Unfug Suinn - Muenzberg Wilkinson - Unfug Councilman Russell made a motion, seconded by Council- man St. Croix to adopt Resolution 78-48, appointing Charles S. Unfug to the Planning and Zoning Board. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Other Business Two Easements for Spring Creek Sewer Approved The easements under consideration were: 1. Trinity Lutheran Church, for a consideration of $999.16. 2. Keith M. Wear for loss of three mature trees-- $1000.00. 311 May 16, 1978 City Manager Arnold recommended approval of the ease- ments. Councilman Wilkinson made a motion, seconded by Coun- cilwoman Gray to accept both easements as proposed. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Land Acquisition for Tract C - Overland Trails Farms: Purchase Offer Authorized City Manager Arnold recommended that Council approve and authorize the City's offer of $57,500 for 10.59 acres to Kloberdanz, Dale, Day and Svoboda, to be used as a park. This will be matched by a $25,000 grant from the Bureau of Reclamation. Councilman Bloom made a motion, seconded by Council- man Bowling to authorize the above offer. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell out of the room.) THE MOTION CARRIED Request for City Council Attendance at Water Board Meeting It was requested that the City Council attend the Water Board meeting at 3:00 p.m. on Friday, May 19, 1978. Councilwoman Gray made a motion, seconded by Council- man Bowling to attend the above meeting. Yeas: Coun- cilmembers Bloom, Bowling, Gray, Russell, St. .Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Executive Session Authorized Councilwoman Gray made a motion, seconded by Councilman St. Croix to go into Executive Session following the ad- journment of the regular meeting. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wil- kinson. Nays: None. THE MOTION.CARRIED 312 May 16, 1978 Adjournment Councilwoman Gray made a motion, seconded by Council- man St. Croix to adjourn the meeting until May 23, 1978, at 1:00 p.m. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Mayor Suinn declared the meeting adjourned until May 23,. 1978, at 1:00 p.m. ATTEST: City er 313