Loading...
HomeMy WebLinkAboutMINUTES-04/29/1980-AdjournedApril 29, 1980 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Adjourned Meeting - 8:00 P.M. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, April 29, 1980, at 8:00 p.m. in the Council Chambers in the City of Fort Collins City Hall. Rollcall was answered by the following Council - members: Bowling, Gray, Reeves, St. Croix, and Wilmarth. Absent: Councilmembers Kross and Wilkinson. Staff Members Present: Arnold, Liley, Lewis, Lanspery, C. Smith, Mabry, Case, Bunting, O'Neill, R. Balok, Herzig, Botteron, M. Smith, Sanfilippo, Wood, and Bingman: ' Resolution Adopted Authorizing the City.to Enter into a Modified Intergovernmental Agreement with Larimer County, Creating the Fort Collins Urban Growth Area Mayor Gray called on Chief Planner Curt Smith to address this issue. Mr. Smith reported that the County Planning Commission had approved the Land Use Plan portion of the Urban Growth Area document, and this morning the County Commissioners had approved the regulations and authorized the Chairman to sign the Intergovernmental Agreement. He then reviewed the key changes in the agreement. City Clerk Verna Lewis then read the Resolution at length. County Commissioner Chairman Hotchkiss expressed his 'support of the agree- ment. Councilman Bowling made a motion, seconded by Councilwoman Reeves to adopt the Resolution. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, and Wilmarth. Nays: None. THE MOTION CARRIED. 119 April 29, 1980 Councilman Bowling made a motion, seconded by Councilman St. Croix to request the legal staff to draw a resolution of appreciation for the assistance rendered by Chief Planner Curt Smith in bringing this agreement to fruition. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, and Wilmarth. Nays: None. THE MOTION CARRIED. Aaenda Review City Manager Arnold stated that Item #25 Award of Bid for Construction Contract on West Mulberr Street Im rovement District No. would e requested o e a e to ay e City Manager also stated he had an item of other business. Consent Calendar This Calendar is intended to allow the City Council to spend its time;and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. ' 4. Consider approval of the Minutes of the Regular Meeting of April 15, 5. Routine Deeds and Easements A. Easement from Foothills Park Associates and Court-S uare InVest- ment for utilities to replace the easement vacate n tie oot - hiTTs Park Resubdivision by Ordinance No. 46, 1980. This new easement is required before second reading of the vacation ordi- nance. There is no consideration. B. Waterline crossing agreement with Harold R. Webster located on the south side of Horsetooth Road near the Union Pacific Railroad crossing. This 20" waterline easement is needed for Phase C.of the Horsetooth Water Line Project. The easement is being donated to the City. C. Easement agreement with Marvin D. Strachan needed for construc- tion to replace an existing irr ga on syphon crossing County Road 9 north of Harmony Road. .The City and Hewlett-Packard are removing the existing irrigation syphon on property owned by Strachan and on City right-of-way so that it meets the City's arterial. standards. There is no consideration. 120 April 29, 1980 6. Second Readin of Ordinance No. 46, 1980, Vacating a Utility Easement in the FootFii s arc esu ivision. This Ordinance was unanimously adopted on First Reading on April 15th and would relocate a utility easement at 3331 Colony Drive. 7. Second Readinq�of Ordinance No. 47, 1980, Authorizing the Issuance of a e$ es aTx �evenue�onds�or� remain enance urposes. This Ordinance was adopted on First Reading on April 15th and would authorize the issuance of sales and use tax revenue bonds in the amount of $1,035,000 to be used for constructing and installing street improvements in the City. 8. Second Reading of Ordinance No. 48 1980 Appropriating Funds from Accumu a� ted Deserves iniTie�even- ear ap a ung This Ordinance was adopted on First Reading on April 15th and would appropriate $27,900 from reserves for expenditure on the Olive and Mathews Parking Lot and the Transfort bus system. 9. Second Read�inof Ordinance No. 49, 1980, Appropriating Unanticipated even noes g 16e Transfort Fund. This Ordinance passed favorably (with one abstention) on First Reading on April 15th and would appropriate $5,400 to the Transfort Fund for operation of the peak hour bus in 1980. 10. Second Readin of Ordinance No. 50, 1980 Appropriating Unanticipated evenues in t e a to ro ects Fund. This Ordinance was adopted on First Reading on April 15th and'trans- fers money to the Capital Projects Fund for expenditure on the Olive and Mathews Parking Lot and the Service Center Expansion. 11. Second Rea din of Ordinance No. 51, 1980, A ro riatin Reserve Funds in the even- ear a ita un or a en nto an scrow Account to a o a rincipal and intereston ales and Use Tax on s u prize by r inanceT-33. 1977. This Ordinance was adopted on First Reading on April 15th and places $27,000 in an escrow account to pay principal and interest on sales and use tax revenue bonds authorized by a 1977 Ordinance. April 29, 1980 12. Hearin and First Rea�di�n �of Ordina eg�iptions in UrdinanceNoo 52, 1980, Ame�ndinI'h�e oninq t�ie�erner This new Ordinance sets out the correct legal description for the "RP" zone for the Werner Annexation. 13. Four Seasons. Second Filinq. Final This is a final proposal for the 2nd filing of Four Seasons P.U.D. This is a request for 49 single-family units on 14.8 acres south of Four Seasons 1st filing, located south of Horsetooth Road and east of Shields Street. 14. Stuart Hill P.U.D., Preliminary and Final The applicant is requesting preliminary and final planned unit de- velopment approval for a one acre site consisting of one fourplex, one sixplex, and one existing single family home. The site is located' north of Stuart Street and approximately 1,000 feet west of Lemay Avenue. 15. Resolution Establishing Rental Rates to be Charged for Surplus Water in Each year after the irrigation companies determine the annual assess- ment rates for water, the Water Board makes a recommendation to the City Council on rental rates to be charged for the City's surplus water. Council will consider their recommendations. END CONSENT Ordinances on Second Reading were read by title by City Clerk, Verna Lewis: Item #6. Second Readin g_of Ordinance No. 46, 1980, Vacating a Utilit) Easement in the Foothills Park Resu 1vision. Item #7. Second Readi�of Ordinance No. 47, 1980, Authorizing the Issuance of Sales Tax Revenue Bonds or Street Purposes. Item #8. Second Readin of Ordinance No. 48, 1980, A ro riatin Funds from ccumu ateReserves in the even- ear apita Fund. 122 April 29, 1980 Item #9. Second Reading of Ordinance No. 49, 1980, Appropriating Unanti- cipated Revenues in the Transfort un . Item #10. Second Reading of Ordinance No. 50, 1980, Appropriating Unanti- Mate evenues in the Capita rojeE s und. Item #11. Second Reading of Ordinance No. 51, 1980, Appropriating Reserve Funds in the Seven -Year Capital Fund for Payment into an Escrov Account to pay Total Principaland Interest on Sales and Use -Tar on s Authorized by Urdinance No. 33, Ordinances on First Reading were read by title by City Clerk, Verna Lewis: Item #12. Hearin and First Reading of Ordinance No. 52, 1980, Amendinc the ego escriptions in OrAinance No. 30, 190, Loning t o Werner Annexation. Councilwoman Reeves made a motion, seconded by Councilman St. Croix to adopt and approve all items not removed from the Consent Calendar.Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, and Wilmarth. Nays: None. ' THE MOTION CARRIED. Citizen Participation Mayor Gray made the following Proclamations: a. Proclamation naming May 7-9 as Senior Citizen Week. b. Proclamation naming April 27 and May 4 as Fort Collins Symphony Weeks. City Manager's Report a. City Manager Arnold distributed photographs of the city's Uni-Mog, in use on the Michigan Ditch. 123 April 29, 1980 b. City Manager Arnold then reported on the. paving work going on. c. City Attorney Liley reported the latest occurrence with Choice Care, and recommended the Council send a letter to Congressman James Johnson for his efforts. She reported further that HEW has acted with rapidity on this issue, and the joint effort of other entities to work toward a long term solution. Councilmember's Reports Mayor Gray reported on the Public Safety Transportation and Steering Committee meeting of the NLC, in Washington, D.C. Ordinance Adopted on First Reading Relating to the City Electric Utility and Rates for Service Following is the City Manager's memorandum on this item: ' "At the March 25th work session, the Finance Department submitted different scenarios of Light and Power financing. The attached Schedules 1 and 2 and Exhibit "A" show the financial position of Light and Power with no change in rates. Council at that work session indicated their preference for a leveliied rate increase program which was covered by the attached Schedules 3 and 4 and Exhibit "F". As directed by Council, staff has prepared a rate Ordinance which will. cause an across-the-board electric rate increase of 10% effective with the July, 1980 billings and would result in a financial position in line with that recommended by Council." Councilman St. Croix made a motion, seconded by Councilman Bowling to adopt Ordinance No. 53, 1980, on First Reading. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading . Changing the Zoning Classification for Certain Property Known as the Rothmeier Rezoning Councilman Bowling stated he represented the owners in this petition and. I asked to be excused since he had a conflict of interest. 124 April 29, 1980 Following is the City Manager's memorandum on this item: "Proposal: A request to rezone approximately 28 acres located on Timberline Road and East Prospect Road from H-B, Highway Business District, to I-P, Industrial Park District. Recommendation: The staff recommends approval of the rezoning request with the condi- tion the property be developed as a Planned Unit Development. Spring Creek runs through the property and the staff feels a P.U.D. site plan review will assure that appropriate measures will be taken to deal with the Spring Creek floodway. The Planning and Zoning Board at their meeting .of March 24 agreed unanimously (1 abstention) with the staff recommendation. 1 There was no public Staff memorandum to opposition to the Planning the rezoning request. and Zoning Board and the minutes of the P & Z meeting on the Rothmeier Rezoning (#10-80) are attached." . Councilman St. Croix made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 54, 1980, on First Reading, and to require that the property develop as a P.U.D. Yeas: Councilmembers Gray, Reeves, St. Croix, and Wilmarth. Nays: None (Councilman Bowling out of room). THE MOTION CARRIED. Ordinance Adopted on First Reading Changing the Zoning Classification for Certain Property Known as the Prospect Lemay Rezoning Following is the City Manager's memorandum on this item: "Proposal: A request to rezone 5.1 acres to B-P, Planned Business District, and 6.7 acres to R-H, High Density Residential District, from the R-P, Planned Residential District, located at the southeast corner of Prospect Road and Lemay Avenue. 125 April 29, 1980 Recommendation: The staff recommends approval of the rezonings with the following conditions: 1) The entire site (the 5.1 acres of B-P, the 6.7 acres of R-H, and the 6.6 acres of R-P) be planned under a single Master Plan; 2) The R-H zoned area be limited to only office uses; 3) The Master Plan of the entire site show that the neighborhood service center will fall into the 80,000 to 120,000 square foot range as per definition in the Land Use Policies Plan. The staff believes this is an appropriate location for a neighborhood center. It helps achieve primary goals and objectives of the City, and is supported by policies from the Land Use Policies Plan. The Planning and Zoning Board at their meeting of March 24 voted 5-2 to recommend the staff's recommendation for the rezoning to the City Council. The two dissenting votes felt the irregular zoning lines (which are based on a Preliminary P.U.D. design) could not be justi- fied, although they had no problem with the concept of rezoning. There was no public opposition to the rezoning request. Staff memorandum to the Planning and Zoning Board and the minutes of the P & Z meeting on the Prospect-Lemay;Rezoning (#221-79) are attached." Mr. Reid Rosenthal, representing the applicants, reported they had met with the area residents and explained the intent to construct a plaza, oriented to office use, not to retail. Councilman St. Croix made a motion, seconded by Councilwoman Reeves .to adopt Ordinance No. 55, 1980 on First Reading. Yeas: Bowling, Reeves, St. Croix, and Wilmarth. Nays: Mayor Gray. THE MOTION CARRIED. Ordinance Adopted on First Reading Changing the Zoning Classification for Certain Property Known as the Scenic Views Rezoning Following is the City Manager's memorandum on this item: "Proposal: A request to rezone 22 acres located east of Overland Trail and north of West Elizabeth Street from R-L, Low Density Residential District, to Conditional R-P, Planned Residential District. The major condition requested by the applicant is to limit the maximum density on, the site to 8.5 DU/acre. 126 April 29, 1980 11 Recommendation: The staff recommends approval of the rezoning request with the follow- ing conditions: 1) The maximum allowable density for the property will be 8.5 DIl/ acre; 2) The property be developed as a Planned .Unit Development; and 3) The 40 square foot per dwelling unit P.U.D. commercial allotment will not be utilized. The Planning and Zoning Board at their meeting of March 24, 1980 voted unanimously to recommend the staff's recommendation to the City Council. There was no public opposition to the rezoning request. However, several adjacent property owners were confused at the Planning and Zoning Board's request of the applicant to include adjacent single family dwellings on Overland Trail into the site plan of the P.U.D. Staff memorandum to the Planning and Zoning Board and the minutes of ' the P & Z meeting on the Scenic Views Rezoning #4-80 are attached. Councilman Bowling made a motion, seconded by Councilman Wilmarth to adopt Ordinance No. 56, 1980 on First Reading. Yeas: Councilmembers.Bowling, Gray, Reeves, St. Croix, and Wilmarth. Nays: None. 1 THE MOTION CARRIED. Ordinance Adopted on First Reading Changing the Zoning Classification for Certain Property Known as the Boardwalk Rezoning Following is the City Manager's memorandum on this item: "Proposal: A request to rezone 13 acres located at Boardwalk Drive and Whalers Way from R-L-P, Low Density Planned Residential District, to B-P, Planned Business District. 127 April 29, 1980 Recommendation: The staff recommends approval of the rezoning request. This rezoning would clarify the City's position of supporting a neighborhood center at this location. The Planning and Zoning Board at their meeting of March 24, agreed unanimously with the staff recommendation. There was no public opposition to the rezoning request. Staff memorandum to the Planning and Zoning Board and the minutes of the P & Z meeting for the Boardwalk Rezoning (#7-80) are attached." Councilman St. Croix made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 57, 1980, on First Reading. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, and Wilmarth. Nays: None. THE MOTION CARRIED. Collindale Patio Homes P.U.D., Third Filing Preliminary and Final Approved Councilwoman Reeves asked to be excused due to a conflict of interest. Following is the City Manager's memorandum on this item: "This is a preliminary and final proposal for a 37-unit P.U.D., located on 7.5 acres, zoned R-L-P, Low Density Planned Residential, located east of Lemay and north of Horsetooth Road. The Collindale Subdivision received Master Plan approval in September, 1977. To the west of the Third Filing is Collindale, First, 71 single family lots, and to the south is Collin - dale, Second, 58 townhome and apartment condominium units. Land Use Breakdown for Third Fili Area................. Dwelling Units . . . . . . . . . . . . Density . . . . . . . . . . . . . . . Average house size . . . . . . . . 7.54 37 Patio Homes 4.9 DU/acre (gross) 1,600 sq.ft. Minimum lot size . . . . . . . . . . . 4,500 sq.ft. Open space (includes patio area by lot and dedicated green area). . . . . . 33% 11. 1 l'. 128 April 29, 1980 Discussion: 1. The site plan shows streets with 28' pavement on a 40' R.O.W. with parking permitted on one side. The remaining 12' R.O.W. is provided on one side of the street where a 5' textured walk is separated from the street pavement by a 7' landscaped strip, maintenance of which will be made the responsibility of the adjacent homeowner. Landscape maintenance agreements need to reflect this fact. 2. Open space requirements, for the Third Filing, are met on lot areas and a dedicated green area. 3. Energy conservation characteristics are incorporated into the project. Lots are oriented north/south with floor. plans minimizing major openings on the north side of the units. 4. Residents in this project will have bike/pedestrian access to Shepard - son Elementary School by the 8' path dedicated as part of Collindale, First Filing. Recommendation: ' Staff recommends approval of the Collindale, Third Filing, Preliminary P.U.D. subject to the following: 1. The landscape maintenance agreements specify homeowner respon- sibility for maintenance of landscaped rights -of -way in front of their lots; 2. A fire hydrant be placed on the middle cul-de-sac; 3. Provision of ramps at all sidewalk intersections; 4. The developer will be responsible for payment of "no parking" signs to be placed on all 28' streets within the project. At their December 11, 1979 meeting, the Planning and Zoning Board voted unanimous approval of the preliminary plan subject to staff recommendations. The final plan as submitted does reflect these conditions and staff does recommend approval of Collindale Patio Homes P.U.D. Preliminary and Final (#209-79A). 129 April 29, 1980 Councilman Bowling made a motion, seconded by Councilman St. Croix to approve the Collindale Patio Homes P.U.D., Third Filing, Preliminary and Final plans. Yeas: Councilmembers Bowling, Gray, St. Croix, and Wilmarth. Nays: None. (Councilwoman Reeves out of room). THE MOTION CARRIED. Bid Award for Construction Contract on West Mulberry Street Improvement District No. 74, Tabled to May 13, 1980 Councilman St. Croix made a motion, seconded by Councilman Bowling to table the bid to May 13, 1980. Yeas: Councilmembers Bowling, Gray, Reeves, and St. Croix. Nays: Councilman Wilmarth. THE MOTION CARRIED. First Quarter of 1980 Capital Project Report Received Following is the City Manager's memorandum on this item: "The first quarter 1980 Capital Project Reports were provided to Council under separate cover. There are approximately 50 project reports. A project report, budget, work breakdown structure, and milestone schedule are provided for each project. Because of poor winter weather, construction activities on most projects were curtailed. Some project schedules have been amended to reflect these poor working conditions. A number of projects are nearing completion. Lemay Avenue, with help from the railroad, will be completed next month. The Residential Fire Station and Cemetery Maintenance Building will also be completed shortly. Paving activities related to a number of projects will. begin very shortly. Trail construction activity is gearing up again. We have scheduled a discussion on the remaining trail alignment issues for the May 13th Work Session. The Mulberry Street Improvement District is on schedule. The award for construction is scheduled for this evening's meeting. Staff will be available to answer any questions on the projects at the ' Council meeting." 130 April 29, 1980 n City Manager Arnold stated Council would discuss this report on May 13, at the Work Session. He then highlighted some of the projects. No further action was taken on this item. Ordinance Adopted on First and Final Reading Creating an Escrow Account for Payment of Presently Outstanding Sales and Use Tax Revenue Bonds Dated April 15, 1977 Following is the City Manager's memorandum on this item: "At the last regular meeting, the Council passed on first reading an ordin- ance which authorized the issuance of Sales and Use Tax Revenue Bonds to finance street repair. At that meeting, the Council was informed that an escrow account needed to be established by the City for the purpose of paying off a prior outstanding Sales and Use Tax Revenue Bond so that this prior bond issue would not affect the new issue. . This ordinance authorizes such an escrow and provides that $27,000.00 (the principal amount of the outstanding bond) will be placed in the escrow account. The interest on this amount will be sufficient to pay all inter- est due on the bond. An ordinance appropriating the $27,000.00 was approved on first reading at the last meeting and is scheduled for second reading tonight. This amount will come out of Seven Year Capital prior years reserve. Exhibit A references the actual escrow agreement which we will not receive until Tuesday. We will review it at that time to ensure that it is con- sistent with this ordinance, but it will not need to come .back to you for approval because the ordinance includes an authorization to execute the agreement." Councilman Bowling made a motion, seconded by Councilman St. Ordinance No. 58, 1980, as an emergency Ordinance. Yeas: Bowling, Gray, Reeves, St. Croix, and Wilmarth. Nays: None. THE MOTION CARRIED. Croix to adopt Councilmembers 131 April 29, 1980 Resolution Adopted Accepting the Recommendation of the Director of Public Works Regarding the Initiation of Special Improvement District No. 8 Following is the City Manager's memorandum on this item: "A. Resolution Accepting the Recommendation of the Director of Public Works Regarding the Initiation of Special Improvement District No. 8. B. Resolution Adopting the Report of the City Engineer and Setting the Hearing Date for June 3, 1980. These actions are necessary to create Sidewalk Improvement District No. 8 on Shields Street from Prospect Street to Bennett School Road. The forma- tion of the district has been previouslydiscussed with Council. The setting of the public hearing for June 3, 1980 is essential to completing the project for school opening this fall. The total project estimate is $48,388. Of this amount, $14,111.00 is assessable to property owners affected by the project. The plan is to construct a 7' wide sidewalk in the lots abutting Shields Street. A 5' wide sidewalk will be constructed in the sidewalk route aligned away from the street (to avoid tree removal requirements). The assessable costs are based on land and construction costs of a 4' wide sidewalk. All the "oversizing" costs are paid for by the City. We recommend approval of the resolutions." City Manager Arnold stated that since condemnation is contemplated, the Council would set the costs, and those will not be known unti later in the year. Councilman St. Croix made a motion, seconded by Councilwoman Reeve's to adopt the Resolution. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, and Wilmarth. Nays: None. THE MOTION CARRIED. 132 April 29, 1980 Resolution Adopted Adopting the Report of the City Engineer and Setting the Hearing Date for June 3, 1980 Councilman Bowling made a motion, seconded by Councilman St. Croix to adopt the Resolution. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, and Wilmarth. Nays: None. THE MOTION CARRIED. Garth Commercial Plaza, Final Approved Following is the City Manager's memorandum on this item: "This is a final proposal for a 7 lot commercial subdivision on 14.23 acres, zoned H-B, located on the west side of South College Avenue between the Prime Minister site and the Fossil Creek Commercial Plaza. ' The applicant has requested that the name of this proposed development be changed from McClelland Commercial Plaza to Garth Commercial Plaza. Garth Commercial Plaza provides for the extension of South Mason which will eventually connect Horsetooth and Harmony Roads. The proposed Boardwalk Drive is consistent with the proposed access plan for South College Prop- erties. The intersection of Boardwalk Drive and South College Avenue will be signalized in the future. The McClelland Commercial Plaza, Preliminary, was approved by the Planning and Zoning Board June 18, 1979, and was approved by City Council July 17, 1979 (#103-79A)." Mr. Reid Rosenthal, representing Creger Plaza, inquired whether the drainage on this site is going to work, and "if in fact it is part of the Special Improvement District?" City Attorney Liley responded that it is not a part of the Special'Improve- ment District, that they (the petitioners) have entered into a repay and have agreed also in their subdivision improvement agreement to pay $39,000 of the district costs at the time of building permit issuance. Councilman Bowling made a motion, seconded by Councilman St. Croix to approve the Garth Commercial Plaza Final. Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix, and Wilmarth. Nays: None. THE MOTION CARRIED. 133 April 29, 1980 Other Business Resolution Adopted Authorizing the City to Purchase Right of Way for the Mulberry Street Widening Project from Husky Oil Company City Manager Arnold stated this is the final parcel for this project. City Clerk Verna Lewis read the Resolution at length. Councilman Bowling made a motion, seconded by Councilwoman Gray to adopt the Resolution. Yeas: Councilmembers Bowling, Gray, Reeves, St Croix, and Wilmarth. Nays: None. THE MOTION CARRIED. Adjournment Mayor Gray adjourned the meeting to May 13, 1980 12:00 p.m. The meeting adjourned at 9:15 p.m. ATTEST: 11 134