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HomeMy WebLinkAboutMINUTES-03/13/1979-RegularMarch 13, 1979 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - :Tanager Form of Government Regular Meeting - 6:00 P.M. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, March 13, 1979 at 6:00 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Absent: Councilman Bowling. Staff Members Present: Arnold, Deibel, Krajicek, Mills, Ba- lok, Bingman, Lanspery, Straayer, Hays, Harmon, Lee, Deagle, Mabry, Wood, Liley and Lewis. AGENDA REVIEW City Manager Arnold stated that item No. 5 (Second Reading of Ordinance No. 19, 1979, Rezoning HCI-Mitchell/East Horse - tooth Road Property) and item No. 8 (Second Reading of Ordi- nance No. 22, 1979, Approving an Agreement Placing Restric- tions on Golden Meadows Center Rezoning) have already had se- cond reading and he would like to correct item No. 16 (Four Seasons P.U.D., 1st Filing, Final) to reflect that this is a 90 unit P.U.D. rather than a 30 unit P.U.D. on 26.311 acres rather than an 6.64 acres as printed. Consent Calendar Items: These are items of a routine or non -controversial nature, on which a unanimous vote of approval is expected. Anyone 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: -294- March 13, 1979 4. APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF FEBRUARY 6 AND ' FEBRUARY 20, AND THE ADJOURNED MEETING OF FEBRUARY 27. 5. SECOND READING OF ORDINANCE NO. 19, 1979, REZONING HCI-MITCHELL/EAST HORSETOOTH ROAD PROPERTY. This Ordinance passed unanimously on first reading at the February 6 Council meeting. It proposes to zone 10.0 acres, located on the northwest corner of Plaza Drive and Horsetooth Road, from "T" to "B-P." Staff recommends adoption. 6. SECOND READING OF ORDINANCE NO. 24, 1979, CALLING FOR AND PROVIDING FOR THE GENERAL CITY ELECTION ON TUESDAY, APRIL 3, 1979. This Ordinance passed unanimously on first reading at the February 20 Council meeting. It provides and calls for a General City Election for the purposes of electing three at -large City Council members and Submitting a citizens' initiative. Staff recommends adoption. 7. SECOND READING OF ORDINANCE NO. 25, 1979, APPROVING AN AGREEMENT PLACING RESTRICTIONS ON GOLDEN MEADOWS CENTER REZONING; AND PROTECTIVE COVENANTS WITH THREE ADJACENT PROPERTY OWNERS. This Ordinance passed unanimously on first reading at the February 20 Council meeting. These covenants and the agreement address the two I conditions to approval of the following item. Staff recommends adoption. 8. SECOND READING OF ORDINANCE NO. 22, 1979, AMENDING THE ZONING ON PROPERTY KNOWN AS GOLDEN MEADOWS CENTER REZONING. This Ordinance passed favorably on first reading at the February 6 Council meeting. It is a request for "B-P" zoning on 18.3 acres presently zoned "T," located on Harmony Road east of Lemay Avenue. Staff recommends adoption. 9. SECOND READING OF ORDINANCE NO. 26, 1979, APPROVING AN AGREEMENT FOR FINANCING OF LIBRARY COMPUTER TERMINALS. This Ordinance passed unanimously on first reading at the February 20 Council meeting. It approves an agreement for financing of Library computer terminals. Staff recommends adoption. 10. SECOND READING OF ORDINANCE NO. 27, 1979, AMENDING THE CODE RELATING TO UTILITY IMPROVEMENT AND TRUST FUNDS AND ESTABLISHING A POLICY FOR RETAINED EARNINGS FOR SUCH FUNDS. -295- ' March 13, 1979 This Ordinance passed unanimously on first readino at the February 20 Council meetinq. This Ordinance establishes accounting and reserve policies for the three utility -funds in response to specific problems. Staff recommends adoption. 11. SECOND READING OF ORDINANCE NO. 29, 1979, PLACING PEOPLE'S INITIATIVE NO. 2 ON THE BALLOT FOR THE APRIL 3, 1979, ELECTION. This Ordinance passed favorably on first reading at the February 27 Council meeting. City Clerk received an initiated measure relating to the decriminalization of marijuana. Staff recommends adoption. 12. DEEDS AND EASEMENTS. The following Deed and Easements are brought before Council for consideration: 1. Warranty Deed from Everitt Enterprises, Inc. for a detention pond; 2. Two power line easements from Venture Development, Inc, for construction of a duct bank; 3. Easement Agreement for installation and maintenance of underground storm sewer; and 4. Ditch Right -of -Way Agreement with Cache LaPoudre Irrigating Ditch Company for installation, operation, maintenance, and removal of water lines. IStaff recommends approval. 13. LEASE AGREEMENT WITH STERLING SAND AND GRAVEL CO. The City purchased property from Riverbend Farms who, in turn, had an existino lease for gravel mining -with Sterling Sand and Gravel Co. which will expire in September, 1979. Sterling would like to extend the lease through September of 1981. Staff recommends approval. 14. RESOLUTION CHANGING THE NAMES OF CERTAIN STREETS IN OVERLAND TRAIL FARM SUBDIVISION. This is a request for two street name chanoes located within the Overland.Trail Farm Subdivision. Staff recommends approval. 15. AMENDMENT TO VILLAGE GARDENS, P.U.D. FINAL. This is a proposal for 40 multi -family units on 4.07 acres zoned "R-P," located on Swallow Road at Lemay Avenue. Staff.recommends approval. ■ -296- March 13, 1979 16. FOUR SEASONS P.U.D., lst FILING, FINAL. I This is a proposal for a 30-unit P.U.D. on 6.64 acres zoned "R-L-P," located on the southeast corner of Horsetooth Road"and South Shields Street. 17. BOARDWALK AT THE LANDINGS, FINAL. This is a proposal for a business development on 8.5 acres zoned "R-L-P," located north of Harmony Road and west of Lemay Avenue. Staff recommends approval. 18. GOLDEN MEADOWS, 3rd FILING, FINAL. This is a proposal for a 149-unit single family subdivision on 51.4 acres zoned "R-L-P," located on Harmony Road east of Lemay Avenue. Staff recommends approval. 19. RESOLUTION APPOINTING EARL WILKINSON AS CITY'S REPRESENTATIVE ON THE BOARD OF THE PLATTE RIVER POWER AUTHORITY. Jack Russell has announced his resignation from the Board and Earl Wilkinson was appointed in his place. Staff recommends adoption. 20. RESOLUTION RENEWING TEMPORARY USE PERMIT FOR COLORADO BIG THOMPSON WATER UNITS THROUGH NORTHERN COLORADO WATER CONSERVANCY DISTRICT. Each year, the Colorado -Big Thompson water units must be certified for temporary use by a resolution of Council. Staff recommends approval. The following items were withdrawn from the Consent Calendar: Item #6 Second Reading of Ordinance No_. 24, 1979, Cal- ling for and Providing for the General City Election on Tuesday April 3, 1979. Item #19 Resolution Appointing Earl Wilkinson as City's Representative on the Board of the Platte River Power Authority. -297- March 13, 1979 ' The ordinances presented for adoption on second reading were read by title by City Clerk Verna Lewis as follows: Item No. 7 Second Reading of Ordinance No. 25, 1979, Approving an Agreement Placing Restrictions on Golden Meadows Center Rezoning; And Protective Covenants with Three Adjacent Property Owners. Item No. 9 Second Reading of Ordinance No. 26, 1979, Approving an Agreement for Financing of Library Computer Terminals. Item No. 10 Second Reading of Ordinance No. 27, 1979, Amending the Code Relating to Utility Improve- ment and Trust Funds and Establishing a Pol- icy for Retained Earnings for such Funds. Item No. 11 Second Reading of Ordinance No. 29, 1979, Placing People's Initiative No. 2 on the Bal- lot for the April 3, 1979, Election. Councilman Wilkinson made a motion, seconded by Councilman St.,, Croix, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Bloom, Gray, Russell,. ' St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on Second Reading Calling for and Providing for the General City Election Following is the City Manager's memorandum on this item: "This Ordinance was passed unanimously on first reading at the February 20 Council meeting. This Ordinance provides and calls for a General City Election for the purposes of: 1. Electing three at -large City Council members to hold office for four years; and 2. Submitting a citizens' initiative, "Being an Ordi- nance to Promote Moderate Growth in Fort Collins," to the vote of the qualified electors. Staff recommends adoption." ' -298- March 13, 1979 Councilwoman Gray requested the City Attorney's office in- ' vestigate a charter change which might eventually lead to a run-off election, in cases where there are a large number of candidates. Councilman Bloom made a motion, seconded by Councilman Rus- sell, to adopt Ordinance No. 24, 1979 on second reading. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Resolution Adopted Appointing Earl Wilkinson as City's Representative on the Board of the Platte River Power Authority Following is the City Manager's memorandum on this item: "Jack Russell has announced his resignation from the Board and it was recommended that Earl Wilkinson be appointed in his place. Council appointed Earl as the City's representative to the Platte River Power Authority Board of Directors on February 27 and this is the official record of this action. I Staff recommends adoption." Councilman Bloom inquired if this appointment should be held in abeyance and made by the full, new Council. Council con- currence was to proceed with the resolution as drafted. Councilwoman Gray made a motion, seconded by Councilman St. Croix, to adopt the Resolution. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. New Operating Agreement with Northern Colorado .Water Conservancy District Approved Following is the City Manager's memorandum on this item: "The Soldier Canyon Outlet modifications to increase the capacity are on schedule, and we expect to take water through it on April 1, 1979. This requires a new Operating Agree- ment with Northern Colorado Water Conservancy District be- cause of substantially changed conditions." -299- 1 March 13, 1979 ' In May, 1962, the City entered into an original Agreement with the District to pay 40% of the costs of construction of the original outlet. The City also agreed to make annual payments for water alloted to the City by the District and, further, to partially reimburse the District for the cost of operation and maintenance of the outlet. The amount of payment was based on a formula and the water allotment of the previous year. This caused the payments to fluctuate widely. For example, we paid $17,738 in 1977 and $41,087 in 1978 following the drought year of 1977. Attached is the original Agreement and a tabulation of histor- ical charges through 1978. Note that the City paid 37.6% of the total charges over the period of time from 1962 to 1978. This becomes one of the factors in determining the new cost agreement. Also attached is the new proposed Agreement which when approved, will cancel the 1962 Agreement but retain all pertinent items, and in addition, take into account the modifications and provide for an equitable payment procedure which will result in more stable annual payments. Article 5 describes the method of determining the amortization and operation and maintenance payments. We do not involve current construction costs in this calcula- tion. By agreement of July 8, 1977, the City is paying 76% of current costs for 76% of the increased capacity. This, averaged with 40% of the original capacity, provides the City with 67% of the total enlarged capacity or 314 cubic feet of water per second, enough for any possible future growth dur- ing the next fifty years. Staff recommends approval." Councilman Bloom made a motion, seconded by Councilman Wilkin- son, to approve the agreement. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. 1 -300- March 13, 1979 Award Bid on Park South Water Line Approved ' Following is the City Manager's memorandum on this item: "On February 21, the City opened bids for one-half mile of 12-inch water line through the Park South PUD. This line will connect the Larkborough and Fossil Creek developments with the City's 24-inch water main at Horsetooth Road. The City agreed to front end the cost of this main since Park South was not ready for development yet. Part of the cost of this main will be recovered from Park South as it develops. The remainder is an oversizing cost of the City. We received two bids: Don Kehn Construction Co. $58,517.50 Barker Construction Co. $59,531.67 Engineer's Estimate $60,580.00 Both Kehn and Barker are local companies experienced in this type of construction. We recommend that the bid be awarded to the low bidder, Don Kehn Construction Co. Staff recommends approval." ' Councilwoman Gray made a motion, seconded by Councilman Bloom, to award the low bid to Don Kehn Construction Company. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Tabled on First Reading Amending Article IX of the Code of the City Relating to Firemen's and Policemen's Pension Funds and Increasing the City's Contribution Thereto Following is the City Manager's memorandum on this item: "This item came before Council on February 6 and was tabled. The original memo is attached. Staff recommends tabling this indefinitely until we hear from the State about additional funds which may be provided from legislative action." Councilwoman Gray made a motion, seconded by Councilman Bloom, to table Ordinance No. 21, 1979, on first reading. Yeas: Councilmembers Bloom, Gray,,Russell, St. Croix, Suinn and ' Wilkinson. Nays: None. THE MOTION CARRIED. -301- March 13, 1979 Resolution Adopted Approving Lease Agreement between the City and Colorado and Southern Rail- way Company for Land for Recycle Something Site Following is the City Manager's memorandum on this item: "For some time, the City has been trying to find a suitable site for Recycle Something. They have been hampered through- out their history by the lack of a permanent central storage, collection and handling facility. After several sites at Willow and Linden turned out to be temporary in nature, a search for a more permanent site began about a year ago. Sev- eral sites considered since that time have not worked out for some reason or another. However, at this time, we have found a site on C & S property at the corner of Sherwood and Elm Streets. It meets all of Recycle's criteria: 1. Convenient access location for use as a public col- lection center; 2. Sufficient size for current operations and future expansion; 3. Basic buffer against weather and elements; ' 4. Close or adjacent access to railroad siding facilities; 5. Commitment to use site for at least two to five years. The cost to lease the site per year is $500. This money will come from Public Works for the first year, and continuance of the lease will be evaluated annually. In turn, the City will enter into an agreement with Recycle Something to sublease the site. (Copy attached). Basically, this agreement provides for: 1. Automatic one-year renewals unless either party terminates; 2. Recycle pays $1.00 to the City for rent; 3. Site used only for storage and pickup point; 4. Recycle shall install fencing to retain materials and for aesthetic purposes; 5. Recycle agrees to maintain $300,000/$100,000 personal in- jury and $50,000 property liability insurance; 6. Upon termination, Recycle agrees to restore the site to original condition. Staff recommends approval of the Lease Agreement between the City and C & S for land to be utilized for Recycle Something." ' -302- March 13, 1979 Councilman Bloom inquired if the area residents had been ' contacted, and who pays for facility removal if Recycle Something goes out of Business. IIe further commented that there is a review procedure for agencies that request assis- tance, and he feels this procedure is being bypassed; fur- ther he feels that the City is setting a precedent. Mr. Steve Smith of Recycle Something responded to these and other concerns on site cleanliness etc. Councilman St. Croix made a motion, seconded by Councilman Russell, to adopt the resolution. Yeas: Councilmembers Rus- sell, St. Croix, Suinn and Wilkinson. Nays: Councilman Bloom. (Gray out of room). THE MOTION CARRIED. Agreement With Recycle Something Approved City Attorney Liley stated there was also included a copy of an agreement with the City and Recycle Something and requested approval substantially as written. Councilman St. Croix made a motion, seconded by Councilman Wil- kinson, to approve, substantially, the contract as presented. Yeas: Councilmembers Russell, St. Croix, Suinn and Wilkinson. Nays: Councilman Bloom. (Gray out of room). THE MOTION CARRIED. Ordinance Adopted on First Reading Vacating a Right-of-way for a Public Road Following is the City Manager's memorandum on this item: "The owner has requested to vacate portions of Daisy Avenue and Columbine Avenue situate in the Penthouse Subdivision. They propose to replat a portion of this Subdivision bounded by City Park Avenue and Wagner Drive. These portions of the two rights -of -way are not needed for our purposes; and since this area is to be replatted, staff re- commends approval." Councilman Russell made a motion, seconded Councilwoman Gray, to adopt Ordinance No. 30, 1979, on first reading. Yeas: Coun- cilmembers Bloom, Gray, St. Croix, Suinn and Wilkinson. Nays: Councilman Russell. ' THE MOTION CARRIED. -303- March 13, 1979 Ordinance Adopted Vacating Portion of Banyon Drive in I the City of Fort Collins, Colorado Following is the City Manager's memorandum on this item: "This is an Ordinance vacating, a portion of Banyon Street between Sumac and Azalea Drive in Westgate, 2nd Filing. The property owner and the City Engineering Department are requesting this vacation. This right-of-way was required to provide access to the abutting property and is no longer needed. Part will be retained as a public utility drainage easement. Staff recommends approval." Councilwoman Gray made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 31, 1979, on first reading. Yeas: Councilmembers Gray, St. Croix, Suinn and Wilkinson. Nays: Councilmembers Bloom and Russell. THE MOTION CARRIED. Ordinance Adopted on First Reading Vacating a Portion of a Utility Easement on Lot 188, Southmoor Village, Seventh Filing, City of Fort Collins, Colorado Following is the City Manager's memorandum on this item: "This Ordinance provides for the vacation of a portion of the utility easement on Lot 188, Southmoor Village, Seventh Fil- ing. Mountain Bell is the only utility located in the easement, and has agreed to relocate their line to a point outside the ease- ment. Staff recommends approval." Councilman St. Croix made a motion, seconded by Councilman Rus- sell, to adopt Ordinance No. 32, 1979 on first reading. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wil- kinson, Nays: None, THE MOTION CARRIED, 1 -304- March 13, 1979 Ordinance Adopted on First Reading Vacating I an Alley in Block 102 of the City of Fort Collins, Colorado Following is the City Manager's memorandum on this item: "This is an Ordinance vacating a twenty -foot alley in Block 102 owned jointly by the First National Bank and the Masonic Lodge running east from Howes Street. The alley is no longer needed as a public thoroughfare and this access would be used only for an entrance to the parking lot. If the vacation is approved, an easement for existing utilities would be reserved to the City. Staff recommends approval." Councilwoman Gray made a motion, seconded by Councilman Wil- kinson, to adopt Ordinance No. 33, 1979, on first reading. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wil- kinson. Nays: None. THE MOTION CARRIED. Executive Session Authorized I Councilwoman Gray made a motion, seconded by Councilman St. Croix, to adjourn into executive session for the purpose of discussing land acquisition. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Citizen Participation A. Proclamation on "Youth Art Month." B. Curt Amason wishes to address Council on Parking in Historic Old Town. Mr. Curt Amason representing the members of the Downtown His- toric Old Town Merchants Association, stated their concern was parking in the downtown area. The following persons spoke to this concern also 1. Bob Widdows, 200 Linden 2. Debbie Bonner, Stone Lion Book Store , 3. Jane Tester, Old Corner Book Store -305- March 13, 1979 ' City Manager Arnold stated a staff report on parking would would be forthcoming within the next few weeks. C. Mr. Cliff Williams, Scout Master, requested informa- tion on projects for Boy Scout Troops. City Manager's Report (a). City Manager Arnold distributed a complimentary letter written by Chism Homes on behalf of Maurie Rupel, of the Engineering Staff. (b). Three other letters were distributed which were compli- mentary of the Lincoln Community Center. (c). City Manager then announced that Tom Frazier will be- come Facilities Coordinator of the City. (d). City Manager then reported on coordination of City Pro- jects, specifically in the Traffic and Public Works. (e). The City Manager then called Council's attention to Agenda changes -- particularly in the planning items where there is a letter from the developer, agreeing to the conditions imposed by City policies or actual changes made on plats to reflect these changes. Be- ginning on May 8 a new process will be started on items where there is disagreements going to a work session, other "clean" items will go to either Council Meet- ing. (f). City Manager Arnold then brought Council's attention to two letters relating to the Cooper Slough Intercepter Line. (g). City Manager Arnold then reported on the Lemay Project. Bids will probably come to Council in April. (h). City Manager then reported on the schedule for comple- tion of the Municipal Center Parking lot. (i), The City Manager then announced that the meeting with Senator Anderson, scheduled for March 14, has been can- celled, (j,) City Manager Arnold then called Council's attention to the Council Information Center and the items displayed there. ' (k). City Manager Arnold then called Council's attention to a -306- March 13, 1979 memorandum from the Building Inspection Division, re- gI arding Work Overload. Council Members' Report Councilman St. Croix reported that the Corridor Committee had met this morning at 7:00 a.m. and that the plan would go to public hearing on March 28, 1978. Ordinance Adopted on First Reading Rezoning Property Known as the LaConte- East Stuart Street Rezoning Following is the City Manager's memorandum on this item: "This is a proposal to rezone 12.5 acres from "R-L" to "R-H," located at the southwest corner of Stuart and Stover Streets, more commonly known as the present site of the Sunset Drive- in Theatre. Planning Staff and the Planning and Zoning Board both recom- mended denial of rezoning to "R-H" and recommended rezoning the property "R-P," subject to the petitioner entering into I an agreement with the City to discontinue the existing non- conforming use entitlement. The Petitioner understands the reasons for the recommended "R-P" rezoning classification as listed in the discussion on page 2 of the attached Planning memo and agrees to this change. As noted in the attachments and minutes from the Planning and Zoning Board, there are citizen concerns on this rezoning in the areas of: 1. They feel low -density, single-family residences are more consistent with the surrounding area; and 2. They feel the traffic generated on Stuart now has already increased and with the proposed development will worsen. Also, there are neighbors who are in favor of the proposed development. Staff recommends approval." -307- 1 1 March 13, 1979 City Manager Arnold stated he wished to correct the memoran- dum by clarifying that the staff recommendation was for R-P zoning not for R-L as written. Planning and Development Director, Chuck Mabry, reported that both the staff and planning and zoning Board had recommended denial of the petition for rezoning from R-L to R-H, but re- commended, in its place going to R-P, subject to the peti- tioners agreeing to enter into an agreement with the City that will remove the non -conforming use entitlement on the northern part of the property, The petitioners have agreed to enter into this agreement, Mr. Mabry then addressed the Preliminary Plan for this site if Council approves the R-P zoning. City Attorney Liley advised Council that the rezoning has to be justified on its own merits, she also informed Coun- cil that the City would have jurisdiction over private streets. Lastly, City Attorney Liley stated that a rezoning could be justified in terms of (a) a charge of conditions, (b) a mis- take, (c) or.if it is in compliance with the City`s Compre- hensive plan, and (d) general welfare consideration. Attorney Arthur March Jr., representing George Betz and Dan Bailey, who have a contract for purchasing the property in ques- tion, spoke in support of the request for rezoning from R-L to R-H, due to a former agreement to request this zoning, then spoke to the characteristics of the Preliminary Plan. Attorney March, then presented letters in support of the rezoning re- quest submitted by area residents. Mr. Jim Cox; Cox, Parker and Associates then spoke to the plan- ning process on this proposed Preliminary Plan. Mayor Suinn then called for those speaking in opposition to this rezoning request to come forward. They were as follows: 1. Homer Bollinger, 1920 Mohawk. 2. Martin Coker, 1905 Stover. 3. Bee Marvel, 1610 Whedbee. 4. Walter Houston, 1908 Busch Ct. 5. Carolyn Wickersham, 2005 Stover. 6. Bob Tueting, 916 Cheyenne Drive. 7. Janice M. Painter, 900 Cheyenne Dr. 8. Elenor Thomas, 2017 Stover. Councilwoman Gray made a motion, seconded by Councilman Suinn to deny Ordinance No. 34, 1979 on first reading. Yeas: Coun- cilmembers Gray and Suinn. Nays: Councilmembers Bloom, Rus- sell, St. Croix and Wilkinson. Mayor Suinn declared the motion failed. fl- March 13. 1979 Councilman Wilkinson made a motion, seconded by Councilman ' St. Croix, to adopt Ordinance No. 34, 1979 on first reading zoning the property to R-P. Yeas: Councilmembers Bloom, Russell, St. Croix and Wilkinson. Nays: Councilmembers Gray and Suinn. THE MOTION CARRIED. Indian Hills West, P.U.D. Preliminary Approved Following is the City Manager's memorandum on this item: "This is a proposal for a 110-unit P.U.D. on the 12.5 acres known as the Sunset Drive -In property discussed in the pre- vious item, zoned "R-L," located at the southwest corner of Stover and Stuart Street. The Planning staff recommended conditional approval of this P.U.D. to the Planning and Zoning Board and the Board voted to recommend approval of the project subject to the condi- tions noted in the attached report. The petitioners submitted a revised preliminary proposal that addresses all of the Planning and Zoning Board conditions as evidence of their I agreement to and solution for the problems outlined by the Planning and Zoning Board. If Council approved rezoning this property to "R-P," Staff recommends approval." Councilman Bloom made a motion, seconded by Councilman Rus- sell, to approve the Indian Bills West, P.U.D. Preliminary. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix and Wilkinson. Nays: Councilmembers Suinn. THE MOTION CARRIED. Ordinance Adopted on First Reading Rezoning the Property Known as the Landings- Horsetooth Road Rezoning Following is the City Manager's memorandum on this item: "This is a proposal to rezone 2.2 acres located on the Landings Drive at Horsetooth Road from "R-P" to "B-P." This item came before Council on February 6 and was tabled in order to consider this request at the same time of a rezoning immediately south of this parcel. The succeeding item, Wharf, ' Phase II Rezoning, is the companion rezoning which the City -309- March 13, 1979 initiated at the petitioner's request rezoning 2.14 acres from "B-P" to "R-P." Basically, these rezonings provide the same mix of planned business and planned residential in this area. Planning Staff and the Planning and Zoning Board recommend approval of this rezoning request. Staff recommends approval." Councilman Bloom requested the record show he was withdrawing from consideration on this item and the next, due to a possi- ble conflict of interest. Councilman St. Croix made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 20, 1979, on first reading. Yeas: Councilmembers Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Bloom and Russell out of room) THE MOTION CARRIED. Ordinance Adopted on First Reading ' Rezoning the Property Known as the Wharf Phase II Rezoning Following is the City Manager's memorandum on this item: "This is a proposal to rezone 2.14 acres from "B-P" to "R-P" located west of Landings Drive and south of Larimer County Canal No. 2. As stated in the preceding item, this is a City -initiated re- zoning at the petitioner's request. Planning Staff and the Planning and Zoning Board recommend approval of this rezoning request. Staff recommends approval." Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 35, 1979, on first reading. Yeas: Councilmembers Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Bloom and Russell out of room) THE MOTION CARRIED. 1 -310- March 13, 1979 The Wharf, Phase II, at the Landings I Preliminary Plat Approved Following is the City Manager's memorandum on this item: "This is a preliminary plat proposal for a 21-unit town- house P.U.D. on 2.14 acres zoned "B-P," located west of Land- ings Drive and bordered on the south by the Larimer County Canal #2. The Planning staff recommended conditional approval of this P.U.D. to the Planning and Zoning Board and the Board voted to recommend approval of the project subject to the conditions noted in the attached report. The petitioners submitted a revised preliminary plat that addresses all of the Planning and Zoning Board conditions as evidence of their agreement to and solution for the problems outlined by the Planning and Zoning Board. If Council approved the preceding rezoning, Staff recommends approval." Councilman St. Croix made a motion, seconded by Councilwoman Gray, to approve the Wharf, Phase II at the Landing Prelimi- nary Plat. Yeas: Councilmembers Bloom, Gray, St. Croix, Suinn I and Wilkinson. Nays: None. (Russell out of room) THE MOTION CARRIED. Fox Meadows Preliminary, Approved Following is the City Manager's memorandum on this item: "This is a preliminary proposal for a 244 single-family sub- division on 65,68 acres, zoned "R-L-P," located at Horsetooth, east of Timberline. The Planning staff recommended conditional approval of this Subdivision to the Planning and Zoning Board and the Board voted to recommend approval of the project subject to the conditions noted in the attached report. The petitioners sub- mitted a revised preliminary proposal that addresses all of the Planning and Zoning Board conditions as evidence of their agreement to and solution for the problems outlined by the Planning and Zoning Board, There are no outstanding issues or unresolved problems with this matter; and it, therefore, is unconditionally recommended for approval," -311- March 13, 1979 ' Planning and Development Director, Chuck Mabry, spoke to the superior treatment of this plan along Horsetooth Road. Councilman Bloom made a motion, seconded by Councilman St. Croix, to approve the Fox Meadow Preliminary Plat. Yeas: 'Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Park Place at the Landings, Preliminary P.U.D. Approved Following is the City Manager's memorandum on this item: "This is a preliminary proposal for a 100 multi -family unit P.U.D. on 10.1 acres zoned "R-L-P," located on Boardwalk Drive and Troutman Parkway. The Planning staff recommended conditional approval of this P.U.D. to the Planning and Zoning Board and the Board voted to recommend approval of the project subject to the conditions noted in the attached report. The petitioners submitted a re- vised preliminary proposal that addresses all of the Plan- ning and Zoning Board conditions as evidence of their agree- ment to and solution for the problems outlined by the Plan- ning and Zoning Board. There are no outstanding issues or unresolved problems with this matter; and it, therefore, is unconditionally recom- mended for approval." Councilwoman Gray made a motion, seconded by Councilman Wil- kinson, to approve Park Place at the Landings, Preliminary P.U.D. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson, Nays: None. THE 140TION CARRIED. Whalers Cove at the Landings Preliminary P.U.D. Approved Following is the City Manager's memorandum on this item: "This is a preliminary proposal for a 186-unit single family P.U.D. on 41.55 acres zoned "R-L-P, located on Harmony Road and Lemay Avenue. -312- March 13, 1979 The Planning staff recommended conditional approval of this P.U.D. to the Planning and Zoning Board and the Board voted to recommend approval of the project subject to the condi- tions noted in the attached report. The petitioners submitted a revised preliminary proposal that addresses all of the Planning and Zoning Board conditions as evidence of their agreement to and solution for the problems outlined by the Planning and Zoning Board. There are no outstanding issues or unresolved problems with this matter; and it, therefore, is unconditionally recommended for approval." Councilwoman Gray made a motion, seconded by Councilman Rus- sell, to approve Whalers Cove at the Landings Preliminary P.U.D. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Replat of Part of Prospect Estates, 3rd Filing, Preliminary and Final Approved Following is the City 'tanager's memorandum on this item: "This is a proposal for a replat for seven lots in Prospect Estates, 3rd Filing, on 1 1/2 acres, zoned "R-L," located north of Prospect between Lemay Avenue and Riverside. This proposal was originally submitted as an 8-lot plan. The Planning and Zoning Board recommended denial and encouraged the applicant to replat into seven lots. The petitioner has redesigned the project into seven lots in conformance with the Planning and Zoning Board's recommendations. Staff recommends approval." Councilwoman Gray made a motion, seconded by Councilman St. Croix, to approve the Replat of part of Prospect Estates, 3rd Filing, Preliminary and Final. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays None. THE MOTION CARRIED. 1 -313- 1 March 13, 1979 Heritage Square Preliminary P.U.D. Approved Following is the City Manager's memorandum on this item: "This is a preliminary proposal for a 130-unit townhouse P.U.D. on 18.088 acres, located at the southeast corner of Heatheridge Road and Prospect Street. Staff has five conditions for approval of this request. 1. That the petitioner show a continuous roadway -park- ing from Heatheridge Drive, through the south'park- ing lot, to Prospect Avenue. 2. That the petitioner correct the very sharp angle for the turnaround in the northeast cul-de-sac. 3. That the "T" intersection from the Prospect Street curbcut be modified. 4. That the local street along the north property line be a minimum of 28' with curbs and gutters on both sides and be built to the same construction stan- dards as required for all local public streets. 5. That additional sidewalks be provided as shown on the ' attached drawing. On February 12, the Planning and Zoning Board held the public hearing on this item. There were four members present, how- ever, one member had a potential conflict and had to withdraw. Therefore, no official recommendation was made. The members present were polled, however, and their consensus was to re- commend approval subject to Staff's conditions being, met, except for #1 above concerning the continous roadway which they felt should be worked out between Staff and petitioner. The petitioner has agreed to items 2 and 4 above. He has also aveed to item 5, however, he did not show additional requested 7 bikeway/sidewalk along Prospect on his revised plan. For traffic flow, emergency access and adequate pedestrian cir- culation reasons as outlined in the attached report, Staff feels the unresolved conditions are important and significant. With- out the petitioner's agreement to these conditions, Staff re- commends denial." '1r. Clifford Buckley, renresentinR Prospect II ":orr., spoke in opposition to condition number one above, which is the only.item in question at this time. Councilwoman Gray made a motion, seconded by Councilman Wil- kinson, to approve the Heritage Square Preliminary without -314- item number one. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. I THE MOTION CARRIED. Other Business Acquisition of Property at Buckingham Approved Following is Redevelopment Director, Jim Woods, memorandum on this item: "Along with the Foster site acquisition, I would like to discuss the acquisition of two lots in Buckingham with the Council on Tuesday. We have put together a joint project involving the City, the Housing Authority, the State Division of Housing, and Home Federal Savings and Loan to purchase two lots in that area and build a four-plex rental unit for low income families. The plan calls for the City to acquire and clear the property, and assist with site improvements with c.d. funds. Then the Housing Authority, with a grant_ from the State Division of Housing and a loan from Home Federal, would build and manage the units. The two lots we have selected both pre- sently have dilapidated structures 'on them, and in fact r have asked the building department to declare one as an unsafe dwelling. . The other structure is merely a shack and unsightly pile of rubble. The budget for the project is as follows: City: $20,000 - Apppproximately $7,000 for the land, and 513,000 in site improvement State: 35,000 Home Federal: 55,000 TOTAL: $110,000 There will be no HUD rent subsidy for the project. We intend to pass along the benefit of the state and c.d. development write -down in the form of reduced rents to lower income families. Both the State Divi- sion of Housing and Home Federal have made a solid commitment to parti- cipate, and we have a firm bid on the construction. Primarily, we need authorization from Council to proceed with the acquisition of the pro- perty. Please contact me if you have questions. ' -315- 1 March 13, 1979 ' Councilwoman Gray made a motion, seconded by Councilman Bloom, -to approve the Purchase. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Adjournment The meeting adjourned at 11:15 p.m. ATTEST: CiyCer -316-