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HomeMy WebLinkAboutMINUTES-06/28/1977-AdjournedI June 28, 1977 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Adjourned Meeting - 1:38 P.M. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, June 28, 1977, at 1:38 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, Suinn and Wilkinson. Staff Members Present: Brunton, Bingman, Deibel, Waldo, Case, Lanspery, and Lewis. Also: City Attorney Arthur March, Jr. I Ordinance Adopted on Second Reading Rezoning Part of the Miller -Wainwright Associates Evergreen Park Following is the City Manager's memorandum on this item: "Ordinance No. 69, 1977, was adopted on first reading at the June 71 1977, meeting. The Miller -Wainwright Associates Evergreen Park rezoning consists of 75.8 acres located between College and Redwood Street. The three properties involved are not contiguous. This request is to rezone 41.056 acres from R-P (Planned Residential District) to I-P (Industrial Park District). This property is located south of the propn�ed Central Fort Collins Expressway. The Planning and Zoning Board by a five to zero vote recommended for approval of the requested rezoning." City Attorney March stated that this matter and Items (d) and (e) on this agenda (Second reading of Ordinance No. 70, 1977, and Second reading of Ordinance No. 71, 1977), were all tabled to this date because of confusion over the development plans of the Developer with regard to the proposed expressway and the corridor that has been established for that expressway. -309- The concern was that the City has indicated favorable action on these rezoning requests based upon the fact ' that with the expressway installed, the previous zoning was not logical and the zoning in the area should be looked upon based on the established corridor. The owners And their attorney have indicated that they intend to reserve the corridor for the eventual location of the expressway and they will enter into an agreement to that effect. Councilman Wilkinson made a motion, seconded by Councilman Suinn to adopt Ordinance No. 69, 1977, on second reading with the understanding that Council's zoning action is predicated on the existence of the corridor and the corridor being reserved for eventual expressway location and a further understanding that an agreement will be reached by the second Council meeting in July. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED ORDINANCE NO. 69 , 1977 BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING ' CLASSIFICATION FOR CERTAIN PROPERTY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That the zoning district map of the City .of Fort Collins, Colorado, adopted by the zoning ordinance of the City of Fort Collins, is hereby amended by changing the zoning classification from RP, Planned Residential District to IP, Industrial Park District for the following described property in the City, to -wit: That portion of Section 1, Township 7 North, Range 69 West of the 6th P.M., more particularly described as follows: Beginning at the Southeast corner of Block 5, Replat (No. 1) Evergreen Park, as filed .in the office of the Clerk and Recorder,'Larimer, County; thence along the North right-of-way line of Conifer Street Fast 107.41 feet; thence South 80.00 feet to the TRUE POINT OF BEGINNING; thence along the South right-of-way line of Conifer Street West 635.41 feet; thence South 1067.73 feet; thence Nor89hS1°061'00'East 451347.20 feet to he beginning feet; thence South 57006158" E0 ofa4feet; thence curveconcaveto the ' -310- Southwest, having a central angle of 31°07'26" and a,radius of 358.85 feet; thence Northwesterly along the arc of said curve 194.93 feet to the end of ' said curve; thence North,30°01'26" West 62.81 feet to the beginning of a curve concave to the Northeast, having a central angle of 30°01'03" and a radius of 439.09 feet; thence Northwesterly along the arc of said curve 230.04 —.._ - - fret to a point of reverse curve, having a central angle of 89°43'59" and a radius of 15.00.feet; thence Northwesterly along the arc of said curve 23.49 feet to the end of said curve; thence North 89°44'22" West 0.52 feet to the beginning of a curve concave to the Southeast, having a central angle of 24000100" and a radius of 185.87 feet; thence Southwesterly along the arc of said curve 77.86 feet to the end of said curve; thence.South 66°15'38" West 325.35 feet to the beginning of'a curve concave to the Northwest, having a central angle of 23°44'22" and a radius of 540.00 feet; thence Southwesterly along the arc of said curve 223.74 feet to the end of said curve, said point being the TRUE POINT OF BEGINNING. 1._____...___-:—_---- --- Introduced, considered favorably on first reading, and ordered published this 7th day of June, A.D. 1977 and to be presented for final passage on the 28th day of June A.D. 1977. 4Y May Y ATTEST ' gi'y�/Ilelr PARRP_d and adovted on final reading this 28th day of First Reading: June 7, 1977 (Vote: Yeas Second Reading: June 28, 1977 (Vote: Yeas Dates Published: June 12, 1977 and July 3, 1977 Attest: 'City Clerk 7, Nays: 0) 7, Nays: 0) -311- Ordinance Adopted on Second Reading Rezoning Part of the Miller -Wainwright Associates Evergreen Park Councilman Russell made a motion, seconded by Councilman Suinn to adopt Ordinance No. 70, 1977, on second reading with the understanding that Council's zoning action is predicated on the existence of the corridor and the corridor being reserved for eventual expressway location and a further understanding that an agreement will be reached by the second Council meeting in July. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED ORDINANCE NO. 70 , 1977 BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That the zoning district map of the City of Fort ' Collins, Colorado, adopted by the zoning ordinance of the City of Fort Collins, is hereby amended by changing the zoning classification from RP, Planned Residential District to RMP, Medium Density Planned Residential District for the following described property in the City,.to-wit: A portion of the East 1/2 of the West 1/2 of Section 1, Township 7 North, Range 69 West of the 6th P.M., described as follows: Beginning at a point whence the NE corner of Block 5 of Replat No. 1 of Evergreen Park bears South 200 feet; thence South along the East line of said Block 5 to a point on the centerline of Conifer St_ eet, said point bears South 40 feet from the Southeast corner of said Block 5; thence in a Northeasterly direction along the centerline of Conifer Street to the intersection of Conifer Street and Redwood Street as platted on Replat No. 1 of Evergreen Park; thence North following the centerline of Redwood Street to a point which bears S. 00000123" E 1,217.22 feet from the North 1/4 corner of said Section 1; thence leaving the centerline of Redwood Street along a course that bears N 69018130" W to the NE corner of Coachlight Plaza - Filing One; thence S ' 20041130" W 544.57 feet along the Southeasterly line of Coachlight Plaza - Filing One to a point that bears East 155.96 feet from the true Point of Beginning; thence West 155.96 feet to the Point of Beginning. -312- Introduced, considered ordered published this 7th r final passag 1977. presented fo ATTEST: C yCer e favorably on first reading, and day of June, A.D. 1977, and to be on the 28th day of June p A.D. Passed and adopted on final reading this 28th• day of June A.D. 1977. ATTEST: City First Reading: June 7, 1977 (Vote: Yeas: 7, Nays: 0) ' Second Reading: June 28, 1977 (Vote: Yeas: 7, Nays: 0) Dates Published: June 12, 1977 and July 3, 1977 Attest: City Clerk Ordinance Adopted on Second Reading Rezoning Part of the Miller -Wainwright Associates Evergreen Park Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 71, 1977, on second reading with the understanding that Council's zoning action is predicated on the existence of the corridor and the corridor being reserved for eventual expressway location and a further understanding that an agreement will be reached by the second Council meeting in July. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None THE MOTION CARRIED -313- ORDINANCE NO. 71 , 1977 BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That the zoning district map of the City of Fort Collins, Colorado, adopted by the zoning ordinance of the City of Fort Collins, is hereby amended by changing the zoning classification from MM, Medium Density Mobile Home District to HB, Highway Business District for the following described property in the City, to -wit: A parcel of land being a portion of the SW 1/4 of the SW 1/4 of Section 36, Township 8 North, Range 69 West of the 6th P.M., and a portion of Tract F of Replat No. 1 of Evergreen Park, said parcel of land being described as follows: Beginning at a point on the South line of the SW.1/4 of the SW 1/4 of Section 36, Township 8 North, Range 69 West of 6th P. M., 275 feet East of the Southwest corner of said Section, thence North 182 feet, thence West 85 feet, thence North 148 feet, thence East 1130 feet more or less, to the East line of said SW 1/4 of SW 1/4, thence South 330 feet to the Southeast corner of said SW 1/4 of SW 1/4, thence West 1045 feet more or less to the point of beginning;. EXCEPT the South 30 feet thereof as dedicated on the Plat of Replat No. 1 of Evergreen Park for Willox Lane. Introduced, considered favorably on first reading, and ordered published this 7th day of June, A.D. 1977, and to be presented for final passage on the 28th day of June A.D., 1977. // A A 1z'o- ATTEST• Mayo City Clerk Passed and adopted on final reading this 28th day of June, A.D. 1977. ATTEST- /�; Mayo City Clerk 1 -314 First Reading: June 7, 1977 (Vote: Yeas: 7, Nays: 0) ' Second Reading: June 28, 1977 (Vote: Yeas: 7, Nays: 0) Dates Published: June 12, 1977 and July 3, 1977 Attest: 'e- trClerk Ordinance Adopted on First Reading Amending the Zoning Ordinance of the City of Fort Collins by Changing the .ing Classification for Certain Prope City Attorney March addressed the area on the eastern side of the development (Miller -Wainwright Associates Evergreen Park) and specifically the area between the corridor and the subdivision. He stated further that the staff had met and they recommended Council take zoning action on this parcel today, the reason being that the Planning and Zoning Board does not look at development plans until they meet the zone. Councilman Wilkinson made a motion, seconded by Councilwoman ' Gray to reconsider the Council action on Ordinance No. 83, 1977, taken on June 21, 1977. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Mayor Bloom stated that the only item before the Council at this time is the zoning question. The Planning and Zoning Board will consider the development plans at the July 11, 1977, meeting. Councilman Bowling made a motion, seconded by Councilman St. Croix to adopt Ordinance No. 83, 1977, on first reading and to be adopted on second reading on July- 19, 1977. Yeas: Councilmembers Bloom, Bowling, St. Croix. and Wilkinson. Nays: Councilmembers Gray, Russell, and Suinn. THE MOTION CARRIED Recommendation of Administration Adopted on 1041 Urban Service Area Studv Following is the City Manager's memorandum and recommendation ' on this item: -315- "Late in 1976, the City of Fort Collins and.Larimer County applied for a 1041 Grant to study urban service area problems I and solutions. Subsequently, the Department of Local. Affairs of the Colorado Division of Planning approved the grant. The City Council and the Larimer County Commissioners held a joint work session to discuss this grant. At that time an organizational chart was established showing a steering committee consisting of two County Commissioners and two City Council members only. Subsequently, the County Commissioners held a meeting with the various water and sewer districts. Apparently, at that time they decided that it would be more equitable not to include representatives from the water and sewer districts on the steering committee. Enclosed is a copy of a letter dated June 9th, 1977, that was sent by Dave Weitzel, Chairman, Pro-Tem to Mayor Arvid Bloom. Recently, I received a copy of the enclosed letter from Tom Laetz, Senior Planner for the Department of Local Affairs, Colorado Division of Planning. If this grant application is not accepted by June 30th, 1977, the grant offer will be voided. It would seem to me that although our original negotiations with the County were to the contrary, it would be better to include the water and sewer representation on the steering committee rather than lose the grant. In the first place, the steering committee has no authority since the authority ' rests in the unilateral action of the City Council and the County Commissioners. Hence the representation of two members from the County Commissioners, two members from the City Council, and one member each from a water and sewer district should be accepted to get started on this study. Recommendation: The Administration recommends that the City Council approve the concept of having both City, County, and special water and sewer district representation on the steering committee of the 1041 urban service area study, and should authorize the Mayor to sign the contract on behalf of the City." Councilwoman Gray stated she felt the other utility districts should be included as well as the water and sewer districts in providing input and that the coordinator or consultant should work for the two decision making bodies rather than for the steering committee. Councilmen Bowling, Russell and St. Croix also expressed their unhappiness with the proposed makeup of the steering committee. Mr. Duane Davis, Manager of the Fort Collins -Loveland Water District and South Fort Collins Water District, spoke to their desire to cooperate with the Council and the County on this ' issue, as did Mr. Harold Fisher of the Boxelder Sanitation District. Mr. Davis addressed the boundary changes which will -316- be required as the City annexes; and what Council forsees will be the result of the planning study. ' Councilman Bowling made a motion, seconded by Councilman Russell to adopt the recommendation of the administration. Yeas: Councilmembers Bloom, Bowling, Russell, St. Croix, Suinn and Wilkinson. Nays: Councilwoman Gray. THE MOTION CARRIED HUD 701 Grant for Housing Planning Approved Following is the City Manager's memorandum and recommendation on this item: "On March 1, 1977, the Fort Collins City Council adopted a resolution by a 5 to 2 vote to make this study. In order to have a person on staff to make this study, we would be using approximately $4,000 from our Community Development Housing Assistance Funds. Recommendation: The Administration recommends that the City Council approve the Contract with the Larimer-Weld Council of Governments and authorize the Mayor and City Clerk to sign on ' behalf of the City." Councilwoman Gray made a motion, seconded by Councilman Russell to approve the contract and authorize the Mayor and City Clerk to execute the contract on behalf of the City. Yeas: Council - members Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. (Councilman St. Croix out of room.) THE MOTION CARRIED Agreement with Hewlett-Packard for Electrical Service Approved Following is the City Manager's memorandum -a this item: "We are working with Hewlett-Packard on providing the electrical service to their new facility on Harmony Road. Most of the terms of the Agreement have been resolved. A copy of the Agreement has been sent to Hewlett-Packard's headquarters in Palo Alto. It is hoped that we will have this Agreement back on Monday or Tuesday prior to the meeting." City Attorney March stated the agreement before the Council ' has not actually been signed by Hewlett-Packard; the staff does have verbal assurance that they concur on the proposed agreement. This follows up on the earlier agreement that -317- Council approved for providing water and sewer to the site; this relates to providing electrical service to that site. The intention is that the City will construct the necessary facilities to bring power to that site if Hewlett-Packard will pay the normal undergrounding charges and the normal part of the construction cost, which is their share under standard electrical procedures. The agreement further contemplates that they will annex the property to the City and if it is later determined that the City cannot provide power to that site, for jurisdictional reasons, then the City will bear the cost of connecting them to whatever utility is supposed to be supplying them power. Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve the agreement and authorize the City Manager and City Clerk to execute the agreement. Yeas: Councilmembers Bloom, Bowling, Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Councilwoman Gray out of room.) THE MOTION CARRIED Other Business a. Mayor Bloom stated the administration has requested an executive session to discuss land and personnel matters on July 5, 1977. Councilman Wilkinson made a motion, seconded by Councilman Bowling to set 4:00 p.m., July 5, 1977 as the date to hold an executive session to discuss land acquisition and personnel matters. Yeas: Councilmembers Bloom, Bowling, Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Councilwoman Gray out of room.) THE MOTION CARRIED b. Mayor Bloom presented a plaque to the outgoing City Manager from the entire City. The inscription is az follows: "From All of Us To Robert L. Brunton a Truly Responsive Public Who Worked For and With the of Fort Collins. City Manager, Fort Collins., October 2, 1972 to July -318- Servant Citizens Colorado 5, 1977 1 1 I Mayor Bloom declared the meeting adjourned at 2:22 p.m. ATTEST: G7, L Z,,� -319-