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HomeMy WebLinkAboutMINUTES-07/05/1973-Regularv j July 1, 073 COUNCIL OF THE CITY OF FORT COLLINS, COiORP.T& Council -Manager Form of Government ,. Regular Meeting A regular meetinz of the Council of the City of Fort Collins, Colorado, was held on Thursday, July 5, 1973 at 0:30 N X :n <.he Council Chambers of the City Hail. savor Preble, called the a,n-ting to sKer, there were present: Council- men. asowiing, Sray, Lopez, Preble, Reeves and Russell. Absent: Councilman Faad. Staff members prosent• Boonton, Bingman, Liquin, rain, March and Lewis. Sportsman r-gtaurant recepient of Merchant of the Month Award Mayor Preble called on Fire Lieutenant James Hildred to explain why the S-,Pitsman's Restaurant had earned the award. Lieutenant Hildred stated Mr. Everitt Mayer had been chosen due to the cleanliness and fire prevention features at the Sportsman RestauaanL. Mayor Preble presented the award on behalf of the Council. Minutes of June 21, 1973 meeting approved as corrected Councilman P:e :: corrected her recorded vote from Nays to Yeas on the approval of the request from Goodrich Aviation. Mayor Preble stated hearing ,io other corrections, the minites stood approved, as corrected. Transfer of o­.-iership for 3.2 Fermented ;dart Beverage Lica,ise for :'-seen Onion, by Jane B. Drummond - Tabled City Attorney March stated the application was in proper form, that the necessary letters of rernmmendation were on file, but that the Police Department report on the background of the applicant had not been completed. Verna Lewis, City Clerk, s'tatea the- applicant had been informed of the Police Department requirement and had not responded to the request. Councilman Lopez made a motion, seconded by Councilman Bowling, to table.the application. Yeas: Councilmen Bowling, Gray, Lopez, Preble, Reeves and •Russell Nays: Non:. Ponewa.'.application for a 3.2% Fermented Malt Beverage License for William A. Reser dba Fonta's r! 7za Palace, 133 North College Averse T01nd City Attorney March read from the Pnlicc D^partment report rhich >ta':rc: in part, "we have no reason to recommend denial at this time". Also from .a memorandum from Director of .Finance, Charlie Cain, which stated F•onta's had io' :aid !heir sales tax for March, April or Nhy, and at the time of the writing o" its mem- nrandum, they also had delinquent licenses for pin ball machines and pool tables. Councilman Russell made a r oinn, seconded by Councilman :,.,,ves, to table zho renewal request. Yeas: CoulLci!men Bcwling, Gray, Lopez, Pre4e; Reeves and H Russell. Nays: Transfer of ownership and change of t.:r.de name for 3.2 Fermented Malt Beverage Outlet at 200 East 1•k)untain - Approved City Atto.ncy idaicb stated the application for transfer of ownership from Jawnita A. ",ch,:ilke to ularcnce E Smith. anu change of trade naaae from 5heloy's SP :+ to i ai ic' ru' I was in proper i'orn. trl c i epor of the Pol i e nepart^ ent stated in part, ', legal basis to recommend denial", had been found and that the necessary letters of recommendation wore im the file. O Councilman Gray made a motion, seconded ov Councilman Bowling, to approve the r transfer of ownership and change in trade nay . Yeas: CounciLnen Bow1Lg, r .. CC Gray, Lopez, Preble., Reeves and Russell. Nays: None. jRenewal application fora 3.2% Fermented 11a1t Beverage License for King Soopers, 2325 South Collq,; Fvenue - Approve:'. City Attorney Mare, reviewed the Pol-1-o Department's recommendation which recom- mended approval.. Councilman Bowling made a motion, recommended by Councilman Russell, to approve the rcnpivG'_ spp.1'_:2.ti-on --or King Soopers. Yeas: Co::aci.lmen Bowling, Gray; Lopez, i'reole, Reeves and Russell. Nays: None. Patrick Subdivisinn Plat - Approved Director of Community Development Roy Binrvman identified the area with IG,. General Industrial zoning and stated the Planning L.J Zuning Board had o commended approval. Councilman Bowling made a motion, seconded by Councilman Lopez, to approve the Patrick Subdivision Plat. Yeas: Councilmen Bowling, Gray, Lopez, Preble, Reeves and Russell. Nays: None. Indian Hills South Subdivl:=.-,n First Filing - Lj�x_oved Director of Cor nuni.t- Dovni^ntner.*.. Roy Bingman, id-T -ifi^d the area and spoke to the ,pedestr1an circulaci.ai, iatei uie de.aloper:had met with the •residents of Indian Hills and they had asreel on a location for a walk way. Councilman Bowlir:; 'ingi- red into what .%,as to be done with the land around the . ditch. Mr. Bingman responded it was under the control of the home owners assoc.katio:r, and nuu a City obligati:;n 'to maintain. Mayor rre.ule spoke to similar s�reet names acid Councilman Reaves inquired if.. there had been any comments from the school system. Mr. Bincpan again responded .that a school representative had attended the Planning.and Zoning meeting .and had voiced no objection. Councilman Bowling made a motlon, seconded by CowlciLnan'Lo,,cz, to pprove the plat of. the India-)-Ifills fou:h Subdivision first Filing. Yea:;: ':ouncilmen Bowling,. GTa`/; Loper_, Profile, Reeves and Russell. Nays: None, soutimioor Village East Subdivision First Filing ........... .....Plat .. Tabled .... ....... Director of Community Development ideitified the area and spoke to the cle,relopers tentative agreement with the School district for the location of a school. Councilman Russell requested the Community -Development Director to explain the recommendation of the Planning and Zoning Board. Mr. Bingman stated the entire area was zoned RLP, that the developers proposed developing an RI, subdivision and there was some question of their proposal to shift density; they had not submitted their -ull unit Development Plan and that perhgrs *hp City Attorney wished to comment on the legal aspects of the proposal. City Attorney March stated the intent was to shift from the single family area to the area prohoE.t for apartments and toirsihouses, and he could still see a problem if the developer sold off lots before he got final approval. He felt there should _uo a full anderstandi.o cf what was proposed. Mr. Gary Haxton stated he had submitted a preliminary plan which showed the location of the buildings, the density, a preliminary landscape plan and every - Thing needed to approve a Unit Development Plan. Mr. Haxton reviewed the developed areas which had been planned over the past 15.years and which he stated had been discussed with the Council at a work session, and spoke to the. drainage basin problem in the area. Councilman Bowling inquired into the density of the two areas. Mr. !Iaxton stated the overall area for the 100 acres was three per acre. Councilman Reeves stated the problem she saw with it, if it was a PUD instead oY an isolated;'ANivision, is that the higher density areas appeared to be isolated from the lower density areas instead of.,.having,,a mix;, and •,:,, .., also, that the higher density areas are isolated from the open space area. Mr. Haxton stated he had worked with _h,: Planning and Zoning Board since last November and they had rearrangethe plat in accordance with the recommendation of the Planning and Zoning Board and the Conceptual Review Committee , and this had been under discussion for six to seven months. After intern rtkn to consider a;ro*_lier item on the agenda, the Community Development Director reviewed the formal submittal on this plat as those of tho RL lots of overall plan approved by the Planning and Zoning Board, and that the developers had been cautioned because the density shift. Further, the conceptual plan was presented to the Planning and Zoning Board. City Attorney March expressed concern of not getting final approval before the lots were Sold, that a Unit Development Plan does tie down the use of an area and it should be a finally approved document before the sale of lots. Councilman Reeves expressed concern over the use of the functional open space; Councilman Bowling spoke to the -Langes required due to the drainage problem; Mayor Preble stated she not only wa.t;;d tc sac t;.e entire plat, she wanted to act, on the entire plait. Councilman Bowling made a motion, seconded by Councilman Lopez, to approve the plat for tho single family lots and refer the entire development back to the Planning and Zonin`a, for final action of the PUD at their next meeting. Yeas: Councilmen Bowling, Lopez and Preble. Nays: Councilmen Graz, Reeves and Russell. r;, ; 3 91 Counciljwin Bkwl i"g made a motion, seconded by CouaciUman Russell, to table the item rn the next. Council meeting. Yeas: Councilmen Bowling, Gray, Lopez, Preble, Reeve: and Russell. Nays: None. Second readirg of Ordinance requiring the disclosure of private interest by public officials and requiring open meetings - __ Tabled Discussion on the second reading of the Ordinance continued for over one hour. Speaking in opposition to the Ordinance as presented on hearing and first reading, and recommending the abolishment, modification or tabling of the Ordinance were the following: 1. Dr. Karl E. Carson 1515 South Shields (read into the minutes prepared statement in central files) 2. Robert M. Sears 1414 Whedbee 3. Alvin J. Kruchten 1305 Green 4. Jerry Soukup - Representing Chamber of Commerce 5. Dr. Thomas W. Bennett 1513 Lakeside 6. Dr. Charles Wilbur 900 Edwards 7. Bill Keck 2220 Loyola - representing DMA 8. Arnie Newton 716 Peterson 9. David Brown 301 Olive Street 10. Dr. Charles Shepardson 421 South Howes 11. Andy Anderson 1421 Skyline Speaking in favor of the adoption of the Ordinance on Second reading were the following: 1. Jeff Aardrup CSU Stp-lent Lobby 2. Steva Smith CSU Student Lobby 3. judy Lomas 304 East Myrtle Each Council menbe, spoke to the ques'ion. Councilman Russellmade a motion, seconded by Councilman Bowli,ig, to tabie Ordinance No. 53, 1973. Yeas: Councilmen Bowling, Lopez, Preble and Russell. Nays: Councilmen Gray and Reeves. The Council established they would hold public hearings on the Ordinance and have one more work ses=ion on i`. No does were set fo: either meeting. Ordinance authorized Annexing Fourth Foothills Annexation I D?inictor of Community Development, Roy Bing nan, identified the area; stating it was a concept, of the FTeliminary wesigate Subdivision approved by the Plapring and Zoning Board in December, 1970, and pointed out the s,_�bsequent annexations and subdivision, also identified the line beyond which the City cannot supply water.. Mr. Bingman stated last fall the Fourth Foothills Annexation went before the Planning and Zoning Board with a requested RM.zoning. The Planning and Zoning Board rccolm;?ended RLP zoning; the annexation request was tabled by the Council and had not been considered again since that time. City Attorney March clarified the procedure on establishing hearing dates for. annexations and zonings and City M.ana.ger.Brunton spoke to the need to stream line the process,...,: Councilman Bowling made a motion, seconded by Councilman Lopez,.to refer the reques'� to thn City Attorney for preparation of an ordinance startina :aiureYat on " gild the preparation of resolution giving notice of hearing on the zoning. Yeas:. Councilmen Bowling, Gray, Lopez, Preble, Reeves and Russell.- Nays: None. . Ordinance adopted on %firsf reading zoning South Mesa Third Annexation Director of Co:mmanity Development, Roy Bingntivi, identified the.area and stated the HB zoning was.recommended by the Planning and Zoning Board. Councilman Reeves inquired into the problem of strip development on College .given, ie . City Attorney March responded that this was in the middle of a corunercial area and Mr. Binginwi identified the frontage. -.-.,au, Councilman Bowling made a motion, seconded by Councilman Lopez, to adopt Ordi- nance No. 55, 1973 on f-rs:. reading. Yeas: CounciLmen ?fowling, Gray, Lopez, Preble, Reeves and Russell. Nays: None. Considerable discussion followed on the containment of the strip development of South College Avenue and the recon nendation by the City Manager for the need .to work with the County on this proposal. Councilman Lopez stated the need to ." pro•:�e_', L :t also the need to coordinate. Councilman Bowling made a motion, seconded by Councilman Russell, to direct the Planning and ',onir,g Board to initiate public hearing immediately on the con- tainment of strip development on South College avenue. Yeas: Councilmen Bol;rling, Gr.^y, Lopez, Preble, Reeves and Russell. Nays: None. Sta'-us report of For;: Cclii;is-Loveland Airport Mayor Preble stated this item woul,I be considered ahead of sequence and called on Bob Ocheltn e, Airport Board me,a r,::ho is tr __aced Mr. Harvey Iol,nson, an.l Mr. Kosta Constantuie, who g,.ve the report. (trans ipt in Central Files; Ordinance adopted on first reading annexing the Village Fast 'pirst A Tiexation Director of Cdhnunity Development, Roy Bingman, identified the area, and stated it ,vas an asland in the C'-ty. Councilman Lopez imide a motion, seconded by Councilman Gray, to adopt Ordinance No. 56, 1973 on first reading, Yens: ,_nimrilmen Bowling, Gray, Lo-^"^z, Preble, Reeves and Russell.. Nays: Prone 5 Resolution a"opted giving notice of public hearing on proposed zoning of Village East First Annexation Councilman Bowling made a motion, seconded by Councilman Lopez, to adopt the resol- ution. Yeas: .Councilmen Bowling, Gray, Lopez, Preble, Reeves and Russell. Nays: None. RESOLUTION 50-73 OF THE COUNCIL OF T11C CITY OF FORT COLLINS GIVING NOTICE CONCERNING A PROPOSED ORDINANCE AMENDING QF1pTER 118 OF THE CODE OF THE CITY OF FORT COLLINS, CCM[,4ONLY KNOWN AS T11E ZONING ORDINANCE, IN ORDER TO CLASSIFY FOR ZONING PURPOSES CERTAIN PROPERTY BEING ANNEXED TO THE CITY OF FORT COLLINS 1gfERIAS, heretofore the City Council of the City of Fort Collins initiated annexation procedures for certain property laiown as the Village Fast First Annexation to the City of Fort Collins more particularly described in the "Notice of Public Hearing" attached hereto; and WHEREAS, the Planning and Zoning Board has made a study concerning the prover zoning for said land and has held a hearing and considered the. request it has received regarding such zoning, and has made a report and recommendation thereon all in accordance with the Ordinances of the City of Fort Collins; and ''..'.` 191EREAS, the City Council desires to hold a hearing on an ordinance zoning said lands. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that. August 2, 1973, at 6:30 P.M., or as soon thereafter as the matter .:ay come on for hearing, in the Council Chambers of the City Hall of the Cit-/ of•Fort Co]lins, is hereby set as the time and place for a public hearing on an Ordinance zoning said lands; and BE IT FURTI-IER RESOLVED that the City.Clerk is hereby instructed to publis;, a rioti�e of said hearing as provided in Chapter 118 of the Code of the City of Fort Collins, in the form attached hereto. Passed and adopt--" at a vegular r,:eting of the City CoLmcil held this Sth day of July, 1973 ATfESJT///{/_ A City Clerk—� Pryor -- _ Resolution adopted initiating, annexation proceedings for the East Prospect Street First Annexation Cowncilman Russell made a motion, seconded by Councilman Gray, to adopt the resolution. Yeas: Councilmen Bowling, Gray, Lopez, Prebie, Reeves and Russell. Nayes: None. RESOL TION 73-51 OF 11IE COUNCIL OF 711i CI,'; OP FORT COLLINS INII IATING AN?g:\ATIO:J PmCLLDINGS FOR TILE EAST PROSPECT STREET FTRST ANNEXA1'lON M--=- S, heretofore a written petition together with four prints of an annexation map was filed with the City Clerk requesting the annexa- tion of certain property more particularly described as situate in the County of Larimer, State of Colorado, to -wit: I :1 tract of land situate in the Southwest 1/4, Section 17, the Southeast 1/4 Section 13, the North 1/2 Section 19, and irl Section 20, Townshi? 7 North, Range 68 %Vest of .the 6th' P. 31. , Larimer Couny, Colorado, which, con- sidering the South line of said Section 13 as bearing N SS° 59' 40" E and with all bearin s contained iic_ein rel:oive thereto is cuniainod within the boundary lines v::iich begin at a point on the said South line which bears N 880 59' _0" E 1050. 95 feet from the South 1/4 corner of said Section 18, and run thence alon; the Easterly line of Riverside Avenue N 000 03' 201r tV Id•17.. 3 feet, and ae4in Llong the arc of'a 095 foot radius curve o the left a distance of 11.C2. 16 Le-t, the long chord of..,hich `nears N 31° 47' 20" W 1016.63 meet; and again N 630 31' =o' W 559.49 feet ro the Nest line of tl,e Southeast V4 of said Section 18, thence 'N 000 03' 50" �r 2•13. 17 IVUL iu the Sout:vtv^sterl? right-of-w:-y line of the -nlon Paciiic Railroad; t ence along said Southwester:: 'line: S 6 1 a 32' 20 n E 730. 24 feet, anti again along tae arc of a 1587. 23 foot radius curve to the rir;ht 7 a distanc • of 1703.30 feet, the ion; chord of Nvnich bears S 30° 4750" E 1622.71 feet, and again S 00' 03' 20" E 630.43 feet to the South line of said Section 1S; thence along said South line, N 38° 59' 40" E 1133. 40 feet to the Southeast corner if said Section 1,; thence N 00° 07' E 759. 00 I along the Wcst line -of the Southwest 1/,, of said Section hi; thence S 8,1 49' is 2G56. GS feet to the East line of the Southv:est 1/4 of said Suction 17; thence along said East line, S 00° 02130" E 547.40 feet to the South 1/4 corner of said Section 17; thence S 00- 33' 30" E 660.73 feet; thence S 44° 12' 30" L 962. 28 feet; thence S 88° 12' 30" E 629. 92 feet to the Northeast corner of the Southwest 1/4 of the Northeast 1/4 of said Section 20; thence S 00° 19' W 1289. 10 feet to the Southeast corner of the South- west 1/4 of the Ncrtheast 1/4 of said Section 20; thence S 83° 00' E 1318.00 feet to the cast 1/4 corner of said Section 20; thence S 00° 26' -17" W 2671, 64 feet to the Southeast corner of said Section 20; thence N 880. 52' W 41, 80 feet to a point on the centerline of .the Colorado and Southern railroad; thence along said centerline, N 49° 06' 20" W 5147. 00 feet; thence Ni 00° 02' 24' W 694, 91 feet; thence N 890 22' 30" W 812. 17 feet to a point on the said center line;thence N 49° OG' 20" W 255.00 feet; thence N 449 23' W 438. 81 feet to a point on the Nest line of the North-west 1/4 of said Section 20; thence •S 00.0 02> 24" E 730. 53 feet; thence S SS- 16' 36" W 526. 94 feet; thence S 14° 05' 36" W 110.27 feet; thence S 830 08' 36" W 379.23 feet; thence N &50 19' 10" W 400.71 feet; thence N Z9. 5S' 50" W 13o5. 95 feet; thence N 860 57' 52" W 166.04 feet; thence N 010 31' 4U" E 453.30 feet.; thence N 800 25' 'D" E 1,179.4 feet to a point on the Westerly right-of-way line of the u1,u,n Pacific Railroad; thence N 000 03' 20" W 996. 64 feet to a point on the North line of the Northeast 1/4 of said Section 19; thence S 880 59, 40" W G'l v. 'i 8 feet to the point of beginning, containing 389. 9085 acres, more or less. to tale City of Fort Collins, Colorado; and P+1lL-2FAS, th. City Coullcil desires to initiate annexation proceedings In aCCQrd Ln1CU Wltil laW. COLLINS: T' =-ORE, 13E IT RESOlVEO By 'DIE COUNC-�L OF THE CITY OF FORT Section 1. That: the City Council hereby finds and determines ti.at the annexa:Cion pet-itio',1 and acconq„u yi.ng map are in substantial compliance with Section 139-21-6,'Colorado Revised Statutes, 1963, as amended. 9 Section 2. That August 16, 1973* at the hour of 6:30 P.M., or as soon thereafter as the platter may come on for hearing, in the Council ---- �-1401ambers of .the City of Fort Collins is hereby set as the date, time and place where the City C'oumcii will hold a hearing to dcterm ne if the proposed . annexation complies with the provisions of Sections 139-21-3 and 4, Colorado Revised Statutes, 1963, as amended, or such parts thereof as may be required. Passed and adopted at a regular meeting of the City Council held this Sth day o£ July A.D., 1973. Mayor - ; ATTEST: ...zl ® City Clerk Ordinance adopted on first -reading vacating a portion of Tulane Street " Director of Community Development Roy Bingman identified the area. Councilman. Lopez inqui_c1 what happened to the vacated street land. City Attorney Maich stated it reverted back one-half to each lot. Councilman Reeves inquired bit. tho passibility of reserving a portion ur the vacation for a foot path. Councilman Russell made a motion, seconded by Councilman Reeves, to adopt Ordinance No. 58, 1973 on first reading. Yeas: Councilmen Bowling, Gray, !opez, Preble, Reeves and Russell, Nays: None. Ordinance adopted on first reading vacating a utility easement for Lots 5 and 6, Thunderbird Estates Subdivision Sixth Filing Director of Cote„unity evelopment, Roy Bing -an, id ntified the area. Councilman, Russell made a motion, seconded by Councilman Lon^z, to adopt Ordinance No. 59, 1973 on first reading. Yeas: Councilmen Bowling; Gray, Lopez, Preble, Reeves and Russell. Nays: Non^ . Or,'ivance adopted -.acz, . ng a 16 foot Utility easement anti a rededication of same easement as 8 feet on Lots 163 and 164 of Brown Farm First Filing Director of k - unity Development, Roy Bingman, identified the area. City Attor;-, ; Mardi stated if the City had 1,ut recr i'.'ed the rededication for 8 feet, the staff should obcain'dt between the first and 'second reading of this ordinance. e a r �?s t t lAllncllm nl Bowling made a motion,seconded by Councilman Lopez, to adopt Oidiinance No. 60, 1973 on first reading. Yeas: Councilmen Bowling, Gray, Lopez, Preble, Reeves and Russell. Nays: None. Resolution adopted giving public notice rezoning property by Hamilton and Wilson Motion was made by Councilman Russell, seconded by Councilman Bowling, to adopt the resolution. Yeas: Councilmen Bowling, Gray, Lopez, Preble, Reeves and Russell. Nays: None. , RESOLUTION 73-K OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING A HEAR- ING DATE ON A PROPOSED ORDINANCE, CHANGING THE ZONING CLASSI- FICATION FOR CERTAIN PROPERTY IN THE CITY AND DIRECTING THAT NOTICE BE GIVEN AS TO SUCH HEARING 1%'HEREAS, a written petition has been presented to the City Coiuici! requesting that the zoning classification far the property described in the Notice of Public hearing attached hereto, be changed from R-L Low Density Residential District to B-P Planned Business District. and IWEREAS, the Planning and Zoning Board has made a study of said rezoning request and has held a hearing and made a report and recommenda- tion thereon, all in accordance with the provisiuns of the City Zoning Ordinance, and WEREAS, the City Council desires to hold a public hearing on said rezoning request and the recommendation of the Planning and Zoning Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that at on the Znd day of August, 1973, at 6:30 P.M. or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City 11all in the City of Fort Collins is hereby set as the time and place for a public hearing on the Ordinance changing the zoning classification for said property, and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to p '.)lisii a notice of said hearing as provided in the Zoning Ordinr,-ice Of the City of Port Collins in the form attached hereto. 10 1 . Passed and a6opted at a regular meeting of the City Council held this 5th day or_ July, A.D. 1973.. h yor ATTEST: - City Clerk Resolution adonted giving public notice rezoning property by owners of the 600 block of Lesser Drive. Lesser Subdivision Motion was made by Councilman Lopez, seconded by Councilmmn Bowling, to adopt the resolution. Yeas: Councilmen Bowling, Gray, Lopez, Preble, Reeves and Russell. Nays: None. RESOLUTION .73-53 OF THE COUNCIL OF TI Ci'L`: Oi FORT COLLINS SETTING A HEAR- TNIG I)<'1TE ON A PROPOSED ORDINANCE, CHANGING T[IE ZONING CLASSI- FICA1'ION FOR CERTAIN PROPER'PY lid 111E CITY AND DIRECTING 'MAT NOTICE BE GIVEN AS TO SUCH HEARING hTIEREAS, a Britten petition has been presented to the City Council requesting that the zoning classification tnr the property described in the Notice of Public Hearing att:rc'_cd hereto, be changed from C Co mnercial District to R-M Medium Density Residential District, and R9T-REAS, the Planning and Zoning Board has made a study of said rezoning request and has held a hearing and made a report and recommenda- tion thereon, all in accordance with the provisions of the City Zoning Ordinance; and IYIIERIiAS, the City Council desires to hold a public hen-ing on said rezoning request and the recomnendatiun of the Planning and Zoning Board. NOW, T10REFORE, BE IT RESOLVED BY 1I-Tdi COUNCIL OF 'IIIE CITY ('? FORT COL.I.TNS; flint nr on the 2nA day of Ailmist, 1973, at 6:30 P.M. or as soon _ 11 • a� thereafter as the matter may come-on for hearing in the Council Chambers in the City Hall in the City of Fort Collins is hereby set as the time and place for a public hearing on the Ordinance changing the zoning classification for said property, and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a notice of said hear'.ng as provided in the Zoning Ordinance of the City of Fort Collins in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this 5th day of July, A.D. 1973. ATTEST: mayor City Lierk Resolution adopted giving public notice rezoning Rrerty by BarUara and Vance Phipps Motion was made by Councilman Bowling, seconded by Councilman Reeves, to adopt the resolution. Ayes: Councilmen Bowling, Gray, Lopez, Preble, Reeves and Russell. Nays: None. RESOLUTION 73-54 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING A HEAR- ING DATE ON A PROPOSED ORDINANCE, CMNGING ME ZONING CIASSI- FICAI'ION FOR CERTAIN PROPERTY IN TIIE CITY AND DIRECTING THAT NOTICE BE GIVEN AS TO SUCH HEARING WTIERFAS, a ivrit0n PO4MM has been presented to the City Council requesting that the zoning classification for the property described in the "40ce of P.b1ic Nearing attached hereto, be changed from R.-M McGium Density Residential District to R-H High Density Residential District, and WHEREAS, the Planning and Zoning Board has made a study of said rezoning request and has held a hearing and made a report and recommenda- tion thereon, all in accordance with the provisions of the City Zo&Rg Ordinance, and 141IEREAS, the City Council desires to hold a public hearing on said rezoning request and the recommendation of the Planning and Zoning Board. N0W, 'I1EREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that at on the 2nd day of August, 1973, at 6:30 P.M. or as soon thereaft-r as the matter may come on for hearing in the Council Cha;abers in the City Hall in the City of Fort Collins is hereby set as the time and place fora public hearing on the Ordinance changing the zoning class i.ficatien .for said property, and BE :IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a notice of said hearing as provided in the Zoning Ordinance of the City of Fort Collins in the form attached hereto. Passed and adopted at a regular meeting of the City CounriJ. held this 5th day of July, A.D. 1973. oL Mayor ATTEST: City (ler Resolution adrt rned_ initiating aauiexati.on` p�2ceedings for Stcwart Annexation Motion was made by Councilman Lopez, seconded by Councilman Bowling, to adopt the resolution. .eyes: Councilmen Bowling, Gray, Lopez, Preble, Reeves and Russell, Nays: None. -:. P SOI':T?ON 13-55 C? THE- COUNCIL OF '111F. C1'1Y OP fC'Rt COLI:I`iS INITIATING ANNEXATION PROCEEDINGS FnR 111E .kNNE-Yt\TION MIEKFAS, heretofore a written petition together w.Wi four prints of an annexation map was filed ,rith the City Clerk requesting the annexa- tior. of ._clay prc,.crty .—Cre. particularly dcscribcd as situate in the County of: Larimer, Statc_of Colorado, to-}•rit: 29 Beinr a part of the Southeast ' of Section 26, and the Northeast ' of Section 35, Tni-aiship 7 Forth, Range 69 l%est of the 6th P.M. i.hich considering the North liiie of the Northeast '-s of said Section 35 as bearing, S S9°42'45" E and with all bearings contained herein relative tilereto is contained within the boundar}• lines -,;]rich begin at the ,brth -j corner of said Sectio;l 35, and run thenh-e S 89' 42'45" E 1503.30 feet alon7 the said Northh line; thence S 00°17' 15" '',' 30. 00 `cet th•e;hce S 35°4.4' 05" E 97. OS feet; thence [I°1 .Zq" ' iit i " right- 5 � 1S .3 106.22 feet to a i_0_1 °n tl:: i;es_erly r_�rt-gf- way liac of ti,e Colorado and Souchzhrn Failroad; thence X 01 04' . 334.05 feet; t:c;--e S SS E ISO. CO feet; thence S 01004' IV 165.00 feet to a ^oint on -Li,--`earth line of the said Northeast t}1Ci1cC .V S9°42'4J" 4'i J0.Gt7 feCt. along Su1Ci :'.ort}7 1111C to a - point an. the Easterly' 1 ;lt-of-::a;' line of th-- Colorado and So"tbcrn railroad; Silcace aloe, said Easterly rich*. of t•:av line, S 01 Od' IV 2-6,5.16 feet to a point on the Soutih line of the Northeast '. of said Section 35; hence N S9I.-,+: "9'13" 4V 1697.57 feet to the center Ii coi-nor of said -Section 35; thence N 00005' S3" W 2645.17 feet to tic point of beginning. to the City of Fort Collins, Colorado; and 1VMEAS, the City Council desires to initiate annexation proceedings 9 in accordance with law. NOIV, IIIEREFORL•, BE IT RESOLVED BY TIIE COUNCIL OF 71-IE CITY OF FORT COLLINS: Section 1. That the City Council hereby finds and determines that the annexation petition and accompanying map are in substantial compliance with Section 139-21-6, Colorado Revised Statutes, 1963, as amended. Section 2. That August 16, 1973* at the hour of 6:30 P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers of the City of Fort Collins is hereby set as the date, time and place where the City Council will hold a hearing to determine if the proposed annexation complies with the provisions of Sections 139-21-3 and 4, Colorado Revised Statutes, 1963, as amended, or such parts thereof as may be required. Passed and adopted at a regular meeting of the City Council held this Sth day.of July A.D., 1973. 14 `? 0 ATTEST: City Cle7 ` L trktyor Ordinance authorized establishing revised cl angel in plat fees And.. filing fees for Subdivisions and annexations. City Attorney March stated the draft ordinance had been provided, that if Council desired he could have a redraft for the meeting of July 19, 1973. Councilman Bowling made a motion, seconded by Councilman Russell, to direct the City Attorney to prepare the ordinance in final form. Yeas: Councilmen Bowling, Gray, Lopez, Preble, Reeves and Russell. Nays: None. City Manager's report on consulting, firm to study growth City Wagur Brunton stated all he could give Council at this time vas a progress report of the firms he had talked to. Councilman Bowling stated it was his understanding that the consulting firm was not to be retained only to do a growth study but to help bring the Planning Department up to date. City Manager Brunton stated this had noL oeen hits understanding, that a verbatim transcrip had been made and he would have to reread it, if he were in error, but it was his understanding that the consultant would look into the growth matter, but that they could do both. City Manager Brunton stated he had talked to the following people: 1. Mr. Bill Lamont, Cormm pity Development Director of Boulder, who stress1. ed the Council and/or County Cu;iumissioner should retain control of the work assigned' to a consultant. 2. NO. Andy Brisco, member of the Gorrth Commission in Boulder. 3. The Firm of Beardsley and Davis. 4. Aspo. 5. The American Society of P'_a;uning Officials. 6. Mr. Kieth Babcok, author of the Zoning Game. 7. 8. 9. 10 Jack Nobel, who writes the Zuni,_; Digest. The land use Commission of the Denver Technological Center. I Mr. Isreal Stolemen of the American Society for Planning Officials. ,(however, they are not consultants) The Firm-6f Iivingston and Blaney of San Franscisco, who had done the Santa Rosa# Optimum Growth Study, eras doing a coning Ordinance for Jail and a Study Oor Palo Alto, in w0ch t'lcv recommended that it was chow er for the City tc pay exorbitant prices for land, rather than to have it developed. Jf 11. „r. JimJ30-w-r, from Boulder, who is tlne Secretary for the Denver RID. 12. ivir. Larry Susl<ind of the Urban and Planning Department at MIT. 13. Mr. Ted Tedesco, City Manager of San Jose and former City Manager of Boulder,i,ho advised that the Boulder study was funded by HUD and the San Jose study through'1, the Rand Corporation. 14. Mr. Bob Lavine of the Rand Corporation who worked through National Founda- tion Researc,i Fury s. is. ICIMA, who recomaendecT the firm of.iHomer Green, Siler and Associates of Washington, D.C. Mr. Brunton stated further he had received a auotu from one firm already for from 40 to 50 'Thousand Dollars, that under the 701 Planning Grant, a new Zoning Ordinance and Subdivision. Orr inance would not be prep -red wi'il 19,5 or 1976, and if this is what Council wanted_ in addition to a PUD Ordinance, then the recommendation would be for Jack ? Nobel, Kieth Babcock or Livingston and Blaney. Council members spoke to the desire to insure quality growth. City Manager Brunton stated lie would have a report back in two to three weeks. Request for funding by North Central Comprehensive Health Planning Association, Inc. Denied City Attorney March stated the legal opinion submitted by Assistant City Attorney Ramsey Alyatt, was in the agenda packet. Councilman Reeves inquired if this would be discussed when revenue sharingwas.: addressed'. City Attorney March stated revenue sharing still came under the Charter provisions and became municipal. funds. Councilman Lopez inquired if this ruling would apply to other regional services requests. City Attorney March stated that it would, but the City could pur- chase services. Councilman Russell made a motion, seconded by Councilman Bowling, to deny the request at this time. Yeas: Councilmen Bowling, G_ay, Lopez, Preble, Reeves and Russell. Nays: None. Bid awarded on sprinkler System Installation for Beattie Park and City Park City Manager Brunton stated Council should be aware that the Beattie Park did not belong to the City, but the Cit ::•cold be installing the sprinkler system. It was being done under a cooperat_'.ve effort with the School District and had been handled administratively, but that he felt it should be reduced io writing. City Attorney March also urged the procure.:.ent of a w,•itt^n agreement. Councilman Russell made a motion, seconded by Councilman Bowling, to award the bid to Bath Landscaping in the amount of $18,183.00. Yeas: Councilmen Bowling, Gray, Lopez, Preble, Reeves and Russell. Nays: None. Bid awarded on Portable Air Compressor for T;«ht $ Power Department Councilman Bowling made a motion, seconded by Councilman Gray, to award the bid as recom-aended to Cobusco, Inc. , i . the L.me-w,t of $5,lZS.00. Yeas: Councilmmen Bowling, Gray, Lopez, Preble, Reeves and Russe"L' Nays: Noire. Communications and Comments by Members of the Council 1. Mayor Preble requested a letter from DT2 Environment:Task Force and Resources Committee. This was read into tI,e record, in wl•.i-.h they set out �7ariou:; recommendations. City Manager Brunton stated he felt these recomnnendations be digested by the Council and thenbe put on the agenda for action, and act on them one a time. 2 Pc; Dingman, Community Development Director, des ga:: t;_C representative, to attend a Federal and State Highway official meeting City Manager Brunton stated there would be the above mentioned meeting in Denver on Friday, July 6, 1973. Councilman Lopez spoke to the action taken by the previous Council as favoring Route "A". Councilman Bowling made a motion, seconded by Councilman Gray, that the City of Fort Collins have an official representative at the meeting. Yeas: Councilmen Bowling, Gray; Lopez, Preble, Peeves and Russell. Nays: 3. Councilman Reeves inauired if the City cou A recommend that onc-s.::-;--,tli of the gasoline stations be open on Sundays. City Ma-wge. Brunton stated he would meet with the Petroleum Dealers and express thal'.i Concern. 4. Councilman Reeves also inquired into the possibility of an employee blood bank, and was advised the Safety Committee of the City had such a program. S. Councilman Bowling inquired if the Administration could ss.ud» the problems in the Building Inspection Department, such as having a person do small things and not having a general contractor and report back at the next meeting. City Manager Brunton stated he would check with the City Attorney and I-ould ;.iy to have something back at the next meeting. 6.. Councilman Lopez stated he would like to complunent the County weed control off;r:er, and requested a letter be sent to him. City DTanajer .Tsrun.tcn stated the weed control Ordinance. had not been enforced in '71 and '72, and that he had talked to the City Attorney on new notices for engorcement. 7. Councilman Lopez also spoke to the dog control ordinance. .0 i v Adjournment Cauicillnal .Russell made a motion, seconded by Councilman Lopez, th4t the Councri adjourn. Yeas: Councilmen Bowling, Gray, Lopez, Preble, Reeves and Russell. Nays: None. yam% ATTEST:: City Clerk . 1S ,