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HomeMy WebLinkAboutMINUTES-04/10/1979-Adjourned' April 10, 1979 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Adjourned Meeting - 1:00 P.M. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, April 10, 1979 at 1:00 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Council - members: Bowling, Gray, Kross, Reeves, St. Croix, Wilkin- son and Wilmarth. Absent: None. Staff Members Present: Arnold, Hays, Deibel, Parsons, Lee, Ruggiero, McGraw, Wood, Mulligan, Rupel, Bingman, Lanspery, Straayer, Harmon, Deagle, Mabry, Liley and Lewis. Agenda Review - City Manager City Manager Arnold stated item number 25 (Discussion Re- garding Scheduling at the Lincoln Center) has been withdrawn at the request of the people wanting to be on the agenda. Under other business, there is an item, concerning an appli- cation to the Federal Aviation Administration, for the Air- port. The City Manager then announced that this meeting needs to be adjourned to April 17, 1979 to 5:00 p.m., at which time a public hearing will be held from 5:00 p.m. to 7:00 p.m., on Community Development Block Grants. Mayor Bowling stated under item No. 21 (Resolution Making Appointment to the Platte River Power Authority) he would like to add the election of a Councilmember to the Larimer Weld Council of Governments. -336- April 10, 1979 Citizen Participation ' Mayor Bowling proclaimed April 15, 1979 to April 21, 1979 as "Private Property Week"; this proclamation was received by Mr. Bill Busch, President of the Board of Realtors and Mr. Orr Goodson, Public Relations Chairman of the Realtor's Association. Council Members' Report A). Mayor Bowling reported that the meeting date for the Council of Governments, has_ been changed to the fourth Thursday of each month. B). Councilman St. Croix reported on the Corridor Committee, held this morning, at which time the committee reviewed comments received on March 28, relative to the Corridor Plan. The report was then referred to the County Commis- sioners for review and approval. This report is expected to be brought back to the Steering Committee in a few weeks. Consent Calendar Items: These are items of a routine or non -controversial is expected. nature, on Anyone may , which a unanimous vote of approval 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: 7. SECOND READING OF ORDINANCE NO. 32, 1979, VACATING A PORTION OF A UTILITY EASEMENT ON LOT 188, SOUTHMOOR VILLAGE, SEVENTH FILING, CITY OF FORT COLLINS, COLORADO. This Ordinance passed unanimously on first reading at the March 13 Council meeting. It provides for the vacation of a portion of the utility easement on Lot 188, Southmoor Village, Seventh Filing. Staff recommends adoption. -337- 1 April 10, 1979 ' 8. SECOND READING OF ORDINANCE NO. 20, 1979, CHANGING THE ZONING CLASSI- FICATION FOR CERTAIN PROPERTY KNOWN AS THE LAND I NGS -HORSETOOTH ROAD REZONING. This Ordinance passed unanimously on first reading at the March 13 Council meeting. It proposes to rezone 2.2 acres located on the Landings Drive at Horsetooth Road from "R-P" to "B-P." Staff recom- mend-5-adoption. 9. SECOND READING OF ORDINANCE NO. 35, 1979, CHANGING THE ZONING CLASSI- FICATION FOR CERTAIN PROPERTY KNOWN AS THE WHARF PHASE II REZONING. This Ordinance passed unanimously on first reading at the March 13 Council meeting. It 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. Staff recommends adoption. 10. SECOND READING OF ORDINANCE NO. 36, 1979, VACATING ALLEY IN BLOCK 105 OF THE CITY OF FORT COLLINS. This Ordinance passed unanimously on first reading at the March 20 Council meeting. It vacates a portion of an alley on the west side of Mason between Mulberry and Myrtle. Staff recommends adoption. 11. SECOND READING OF ORDINANCE NO. 41, 1979, PLACING LIMITATIONS UPON THE LaCONTE-EAST STUART STREET REZONING AND PROVIDING FOR THE ABANDONMENT AND WAIVER OF A NON -CONFORMING USE ENTITLEMENT. This Ordinance passed unanimously on first reading at the March 27 Council meeting. This Ordinance was pending approval upon the rezon- ing of the LaConte-East Stuart Street Rezoning approved at the March 27 Council meeting. Staff recommends adoption. 12. SECOND READING OF ORDINANCE NO. 33, 1979, VACATING AN ALLEY IN BLOCK 102 OF THE CITY OF FORT COLLINS. This Ordinance passed unanimously on first reading at the March 13 Council meeting. It vacates.a twenty -foot alley in Block 102 owned jointly by the First National Bank and the Masonic Lodge running east from Howes Street. Staff recommends adoption. 13. RESOLUTION APPROVING BY-LAWS OF THE STORM DRAINAGE BOARD. Attached are the By-laws of the Storm Drainage Board for Council's approval. Staff recommends approval. 14. FORT COLLINS NORTH SUBDIVISION, PRELIMINARY AND FINAL. This is a proposal for a one -unit subdivision on one lot zoned "H-B" on North College Avenue consisting of 0.71 acre. Staff recommends approval. ' -338- April 10, 1979 15. RESOLUTIONS APPROVING AGREEMENTS WITH GINGERY AND ASSOCIATES AND ' COLORADO WATER CONSERVATION BOARD FOR DRY CREEK FLOODPLAIN AND DRAIN- AGE STUDY. These Agreements are necessary in connection with a floodplain and drainage study of Dry Creek. Staff recommends approval. The following items were withdrawn from the Consent Calendar: Item #15 Resolutions Approving Agreements with Gingery and Associates and Colorado Water Conservation Board for Dry Creek Floodplain and Drainage The ordinances presented for adoption on second reading were read by title by City Clerk Verna Lewis as follows: Item #7 Second Reading of Ordinance No. 32, 1979, va- cating a Portion of a Utility Easement on Lot 188, Southmoor Village, Seventh Filing, City of Fort Collins Colorado. Item #8 Second Reading of Ordinance No. 20, 1979, Chang- ing the Zoning Classification for Certain Pro- perty known as the Landings-liorsetooth Road ' Rezoning Item #9 Second Reading of Ordinance No. 35, 1979, Chang - the Zoning Classification for Certain Property Known as the Wharf Phase II Rezoning. Item #10 Second Reading of Ordinance No. 36, 1979, Vacat- ing Alley in Block 105 of the City of Fort Col- lins. Item #11 Second Reading of Ordinance No. 41, 1979, Placing Limitations Upon the LaConte-East Stuart Street Rezoning and Providing for the Abandonment and Waiver of a Non -conforming Use Entitlement. Item #12 Second Reading of Ordinance No. 33, 1979, Vacat- ing an Alley in Block 102 of the City of Fort Collins. Councilwoman Gray made a motion, seconded by Councilman Wil- kinson, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. ' -339- April 10, 1979 Resolutions Adopted Approving an Agreement with Gingery and Associates for a Flood Plain Drainage Study of Dry Creek; and Approving an Agreement with Colorado Water Conservation Board for their obligation in the Study Following is the City Manager's memorandum on this item "A joint study of the Dry Creek floodplain and drainage is proposed by the Colorado Water Conservation Board, Larimer County and the City. The Dry Creek floodplain crosses North College in the vicin- ity of Jax Surplus and then proceeds eastward through Alta Vista and Valley Air Park. The attached map further delin- eates the Dry Creek floodplain. The Dry Creek floodplain is very difficult to define because of the flat topography. The Federal Insurance Administration recently completed a flood insurance study for the area. The purpose of the joint Dry Creek study is to complete a detailed definition of the floodplain and to provide an analysis of possibilities to minimize the flood hazards in the North Col- lege area, the area along East Vine Drive and the industrial area northeast of the City. The Storm Drainage Board has approved the proposed study and recommends approval. Of eleven firms, four firms were interviewed to perform the study. Gingery and Associates was selected for the project in view of their technical expertise and experience on past projects similar in magnitude to the proposed project, re- sumes of personnel to be working on the project, and overall knowledge of the project site. Funding for the project includes: City of Fort Collins ............... $15,000 Colorado Water Conservation Board... $13,000 Larimer County ..................... $ 2,000 Total Contract ............. $30,000 The City's portion will be paid from the Seven -Year Capital Storm Drainage Fund, which has a balance of $1 million. The City of Fort Collins will be the contracting agency on the project. Council is asked to (1) adopt the resolution 1 -340- April 10, 1979 approving the agreement with Gingery and Associates for a total of $30,000, and (2) adopt the resolution approving ' the contract between the City and the Colorado Water Con- servation Board for $13,000. No contract is necessary with Larimer County. Staff recommends approval." Councilman Wilmarth stated that it was his understanding that Gingery and Associates have already delineated the Dry Creek Flood Plain, adding that he was confused as to why they are doing what has already been done, and what the end result would be, specifically what the designation would mean. City Manager Arnold responded that this study goes beyond what has already been done. The proposal is designed to do two things, (1) to clear up the question on the data of the study done for the Federal Insurance Administration and (2) provide an analysis of the possibilities to minimize the flood hazard in the area. City Attorney Liley clarified that the staff has been attempting to determine the accuracy of the flood plain de- signations, therefore, the City study to attempt to amend the flood plain maps to show the results, and attempt to reduce the area of flood plain and flood way and have less ' area falling in the restrictive provisions. City Engineer, Don Parsons, spoke to the scope of the Study and City Manager Arnold, outlined the sanctions for not com- plying with the Flood Plain regulations. City Attorney Liley also addressed the non -conforming question. Councilwoman Gray made a motion, seconded by Councilman Wil- kinson, to adopt the two resolutions. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wil- marth. Nays: None. THE MOTION CARRIED -341- April 10, 1979 ' Ordinance Adopted on Second Reading Vacating a Right -of -Way for a Public Road Following is the City Manager's memorandum on this item: "This Ordinance passed favorably on first reading at the March 13 Council meeting. 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 bound- ed by City Park Avenue and Wagner Drive. These portions of the two right-of-ways are not needed for our purposes; and since this area is to be replatted, Staff recommends adoption." Councilman Wilkinson made a motion, seconded by Councilwo- man Gray, to adopt Ordinance No. 30, 1979, on second reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. ' Ordinance Adopted on Second Reading Vacating a Portion of Banyon Drive in the Citv of Fort Collins. Colorad Following is the City Manager's memorandum on this item: "This Ordinance passed favorably on first reading at the March 13 Council meeting. 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 adoption." Councilman St. Croix made a motion, seconded by Councilwo- man Gray, to adopt Ordinance No. 31, 1979, on second read- ing. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. I THE MOTION CARRIED. -342- April 10, 1979 Ordinance Adopted on Second Reading Amending Chapter 112 of the Code Relating ' to the Proration of Water and Sewer Fees Following is the City Manager's memorandum on this item: "This Ordinance passed favorably on first reading at the March 20 Council meeting. This Ordinance amends our water and sewer billing procedures on flat rates when only part of a month's service has been used. Currently, our Ordinance provides that if water and sewer rates are changed or water and sewer users start or ter- minate service other than on established billing dates, the minimum charge for the month is applied. The amendment provides that the minimum flat rate and metered water and sewer charges will be prorated on the basis of ac- tual number of days served for that portion of the billing period. It is proposed that this amendment be implemented with the new combined billing service. Staff recommends adoption." ' Councilman St. Croix made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 37, 1979, on second reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and Wilmarth. Nays: Councilman Wilkinson. THE MOTION CARRIED. Ordinance Defeated on Second Reading Relating to Amendments to City Trash Hauling and Collection Regulations Following is the City Manager's memorandum on this item: "This Ordinance passed favorably on first reading at the March 20 Council meeting. These proposed Ordinance changes are the result of discussions with City trash haulers as well as in response to City Coun- cil requested revisions. There are two proposed changes to our present Ordinance. The first deals with the placement of trash containers for pick- ' up and the second amends the section of the Code relating to regulation of charges. -343- April 10, 1979 TRASH PLACEMENT - The present Ordinance allows for the placement of bags five feet from the curb while cans and containers must be placed (on the day of pickup) five feet from the front corner of a residence. The proposed change would allow for covered trash cans and containers, as well as bags, to be allowed to place their containers near their house, and the trash haulers would provide different rate structures for the type of service requested or any other arrangement which would be mutually acceptable to the home- owner and the hauler. CHARGES - The present Ordinance sets forth rates for single- family household garbage pickup. The present rates have been out of date for some time and we recommend that this entire section of the Ordinance be repealed. City trash hauler rates are regulated by the PUC which is a more appro- priate vehicle to insure that reasonable charges are being levied for City trash service. Staff recommends adoption." Councilman Wilmarth inquired whether the trash haulers are in fact ignoring the Ordinance provisions and charging higher rates than allowed by Ordinance. City Attorney Liley con- firmed that this was true as the rates are set by the P.U.C. ' Councilmembers St. Croix the provision of placing and Reeves, spoke trash at the curb. in opposition of Assistant City Manager Lanspery reported the rate increase had been approved in December, however, if the property owner elects to place trash at the curb, it is the City's understanding that there will be a reduction in rates. Councilwoman Gray supported the Ordinance, because of the flexibility allowed. Councilman Wilmarth inquired if the City did want to exercise control over rates. Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 38, 1979, on second reading. Yeas: Councilmembers Bowling, Gray and Wilkinson. Nays: Councilmembers Kross, Reeves, St. Croix and Wilmarth. THE MOTION CARRIED. This item was referred back to the administration for further review. 344- April 10, 1979 Ordinance Adopted on Second Reading Relating to the City Target Pay Plan ' Following is the City Manager's memorandum on this item: "This Ordinance passed favorably on first reading at the March 20 Council meeting. At its January 2, 1979 meeting, Council approved an Ordinance adopting the City's 1979 Interim Pay Plan. Council further passed a Resolution expressing its interest to implement a City "Target" or competitive pay plan at least by January 1, 1980. During first reading discussion, Council asked that we de- velop performance/productivity standards to accompany this merit plan. We expect to have a report back to Council within sixty days. The Ordinance would amend the pay plan and implement a com- petitive City pay plan on June 25, 1979. The plan is very similar to the original target plan presented to you in January. We have worked with a number of departments and employee organizations to insure that the plan is competi- tive. Competitive pay is based on salary data for similar positions from other front range municipalities. The plan sets pay at the average level of those municipalities sur- ' veyed for like positions. Next year, we intend to keep competitive and move to an upper third pay standard rather than average pay for our City employees. When we decide competitive, we use the top pay of the range --rather than, say, starting pay, mid -range pay, or some other calculation. The cost of implementing the Target Plan will be approximately $300,000. That expenditure is not budgeted but through tight budget management can be made up during the year. It is our intent to pay competitive salaries to recognize the impor- tance of our current employees. A little belt tightening will allow us to find the money. Specifically, we anticipate some turnover during the year. Currently, we have 28 vacancies. By not immediately filling those positions, we save money. We intend to find the $300,000 necessary by such tight budget management. In turn, the public should not feel an impairment of City services. The proposed pay plan is a fair one. It also provides in- centive for quality performance now and in the future. Staff recommends adoption." ' -345- April 10, 1979 ' Councilmembers expressed the following concerns regarding the adoption of the pay plan: 1. How the target plan can be accomplished? 2. The City's posture in being within the President's 7% guidelines? 3. What communities, along the front range will be used to compare salaries? 4. What is the top pay, and is that the competitive pay? 5. If we have 28 vacancies, and the public is not feeling an impairment of services, why do we have the positions? 6. How are the vacancies being monitored? 7. What makes up the total compensation package. 8. Are there any sanctions which can be imposed against the City by not staying within the 7% guidelines? Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 39, 1979, on second reading. Yeas: Councilmembers Bowling, Gray, Reeves, St.Croix, Wil- kinson.and Wilmarth. Nays: Councilman Kross. THE MOTION CARRIED. Resolution Adopted Making Appointment to the Platte River Power Authority Following is the City Manager's memorandum on this item: "Due to Jack Russell's resignation as the City's represen- tative to the Board of Directors of the Platte River Power Authority, Council needs to appoint a new representative. By contract, the Mayor is the City's representative. To appoint a representative, other than the Mayor, we need to adoot this Resolution." Councilwoman Gray made a motion, seconded by Councilman St. Croix, to appoint Councilman Earl Wilkinson as the City's representative to the Platte River Power Authority and to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. -346- r April 10, 1979 Appointment of City Representative ' to Larimer Weld Council of Governments Mayor Bowling called for nominations for the City's Re- presentative to the Larimer Weld Council of Governments. Councilman Wilkinson nominated Councilwoman Reeves. Coun- cilman St. Croix moved nominations be closed. Mayor Bowling called for a rollcall vote to designate Councilwoman Reeves as the City's representative to the Larimer Weld Council of Governments. The following is the vote: Yeas: Councilmem- bers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. This action will be confirmed by resolution at the April 17, 1979 Council meeting. Ordinance Adopted on First Reading Vacating a Portion of Finch Street in the Larkborough Subdivision Following is the City Manager's memorandum on this item: "This Ordinance provides for the vacation of Finch Street in the Larkborough Subdivision. This street is no longer necessary for use by the public. This area has been re - platted in the "Replat of Lot 1, Block 15, and Lot 8, Block 12, and Finch Street, all in the Larkborough Subdivision." Staff recommends approval." Councilwoman Gray made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 42, 1979, on first reading. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Vacating a Portion of a Utility Easement on Lot 44, Replat of the Landings First Filing, City of Fort Collins, County of Larimer, State of Colorado Following is the City Manager's memorandum on this item: -347- 0 April 10, 1979 ' "This Ordinance provides for the vacation of a portion of the utility easement on Lot 44, Replat of the Landings First Filing, commonly known as 3718 Mariner Lane, City of Fort Collins, Colorado, because due to a surveying error, building has already taken place above the 10 foot wide utility easement. There are no existing utilities in this easement Staff recommends approval." Councilwoman Reeves made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 43, 1979, on first read- ing. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Lemay Avenue Extension Approved Following is the City Manager's memorandum on this item: "The Lemay Avenue construction project consists of construct- ing a new road extending Lemay Avenue from Riverside Avenue northward crossing the Cache La Poudre River with a new bridge, through an intersection with Highway 14 and joining Ninth Street at Lincoln Avenue. City Council approved this project on March 27, 1978, and it was decided to take bids on two alternates. Alternate 1 and 2 are identical south of Highway 14: a four -lane roadway with curb, gutter, and a bikeway -width sidewalk. North of Highway 14, Alternate 1 would construct a two- lane roadway with bikeways on the asphalt shoulder. Alter- nate 2 would construct a four -lane roadway with curb, gut- ter and a bikeway -width sidewalk. Alternate 1 is considered an interim two-lane facility which would be widened when ad- ditional traffic capacity is necessary or as development occurs on the adjacent property. Alternate 2 is considered the ultimate design for a four -lane arterial street. On March 26, bids were opened for construction of this pro- ject. The bid amounts, the alternates, and reasons for our recommendation are discussed in detail on the attached memo. Staff recommends awarding the bid to Flatiron Paving for their low bid of $1,285,472 on Alternate 1. The total budget is estimated at $1,824,472 at this time. ' Problems with firming up the total figure are (1) the City's share of the cost of railroad signalization is estimated at -348- April 10, 1979 between $15,000 and $45,000, depending upon the final de- ' termination of the P.U.D.; (2) the land acquisition costs are still being negotiated, but we have included the apprai- sal value, and (3) 5% contingencies total $65,000. A problem is that while we have $1.77 million budgeted and appropriated, the above runs the estimates to $1,824,472. We want to avoid overexpending so we want the total authorized by Council. By Charter, though, appropriations cannot be increased until October. Yet, we have to know where money. is coming from to cover the expenditure. So we suggest that Council authorize, by Resolution, a trans- fer of $54,000 of General Fund Contingency money for this project. We currently have $178,008 in Contingency. Staff recommends that Council: 1. Authorize by resolution a transfer of $54,000 from General Fund Contingency to Seven -Year Capital for the Lemay Extension Project; 2. Authorize low bid award by motion to Flatiron Paving for $1,285,472 on Alternate No. 1; and 3. Approve a budget for Lemay of $1,824,472 by motion. ' City Engineer, Donald Parsons, addressed the right-of-way ques- tion, the bike path safety, and the optimum completion date. Resolution Adopted Transfering $54,000 from General Fund Contingency to Seven Year Capital for Lemay Avenue Extension Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Bid Awarded for Pav Councilman St. Croix made a motion, seconded by Councilwoman Reeves, to award the bid to Flatiron Paving for $1,285,472 on Alternate No. 1. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. ' THE MOTION CARRIED. -349- 1 1 April 10, 1979 Budget for Lemay Avenue Extension Approved Councilman St. Croix made a motion, seconded by Councilman Wilkinson, to approve a budget for the Lemay Avenue extension of $1,824,472. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Discussion Regarding Scheduling at Lincoln Center Withdrawn This item had been withdrawn at the request of the peti- tioner. Granada Heights Subdivision Preliminary Plat Approved Following is the City Manager's memorandum on this item: "This is a preliminary proposal for a 39-lot subdivision on 23.8 acres zoned "R-L-M" and "R-M-P," located on West Vine Drive. west of Shields and north of Vine Drive. The Planning Staff recommended conditional approval of this subdivision to the Planning and Zoning Board, and the Board voted to recommend approval subject to the conditions noted in the attached report. The Petitioners have submitted a revised preliminary plat that addresses all of the Board's conditions. There are no outstanding, issues or unresolved problems with this matter; and it, therefore, is unconditionally recommended for approval." Councilman St. Croix made a motion, seconded by Councilwoman Reeves, to approve the Granada Heights Subdivision Preliminary Plat. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. -350- April 10, 1979 Pinewood Townhomes, Preliminary I P.U.D. Approved Following is the City Manager's memorandum on this item: "This is a proposal for a preliminary P.U.D. consisting of 42 townhouse units on 3.573 acres zoned "R-M-P," located west of Stover Street, east of Stanford Drive, and 433 feet south of Drake Road. The Planning Staff recommended conditional approval to the Planning and Zoning Board, and the Board voted to recommend approval subject to the conditions noted in the attached report. The Petitioner has submitted a revised preliminary site plan that addresses all of the Board's conditions. There are no outstanding issues or unresolved problems with this matter; and it, therefore, is unconditionally recommend- ed for approval." Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to approve the Pinewood Townhomes, Preliminary P.U.D. Yeas: Councilmembers Bowling, Gray, Kross, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. ' Wagon Wheel Subdivision, Preliminary Plat Approved Following is the City Manager's memorandum on this item: "This is a proposal for 117.80 acres consisting of 291 single- family lots, 80 zero lot -line single-family residences, and a 20.37 acre out parcel located generally on the southwest corner of Swallow Road and South Shields Street, zoned "R- L-P." The Planning Staff recommended conditional approval of this preliminary plat 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 Peti- tioner has submitted a revised preliminary plat that ad- dresses all of the Board's conditions. It should be noted that the enclosed Petitioner's letter suggests the City might be involved in a repay agreement for the offsite im- provements to Bowie Avenue. The Petitioner needs to realize that the City will not be party to this repay agreement but must be a private agreement between the property owners. -351- ' J There are no outstanding issues this matter; and it, therefore, for approval." April 10, 1979 or unresolved problems with is unconditionally recommended Councilman Wilkinson expressed concern that this subdivi- sion does not provide for North/South traffic. City Mana- ger Arnold responded that the City's transportation plan is not complete at this time, which might answer some of the concerns. Other Councilmembers also spoke to the traffic circulation problem, and Mayor Bowling requested the City Manager sche- dule a work session to address the policy question of a grid versus neighborhood, traffic movement. Councilman Wilkinson made a motion, seconded by Councilman Kross, to approve the Wagon Wheel Subdivision, Preliminary Plat. Yeas: Councilmembers Bowling, Gray,,Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. T. Feeney Subdivision, Preliminary Plat Approved Following is the City Manager's memorandum on this item: "This is a proposal for six commercial lots, located east of College Avenue, south of Horsetooth, zoned "H-B." The Planning, Staff recommended conditional approval of this subdivision to the Planning and Zoning Board as follows: 1. That the 25' access easement be extended to College Avenue and that access to College Avenue be limited to one curb cut, with a provision for an acceleration/ decelleration lane; 2. That temporary turnarounds be provided at both ends of Mitchell Drive; and 3. That the right-of-way for Mitchell Drive be revised to the current accepted width. The Petitioner has submitted a letter agreeing to #2 and #3 above; however, he disagrees with condition #1 above. Staff feels that the one curbcut limit and acceleration/de- celleration lane condition is important and, therefore, re- commends denial." City Manager Arnold stated this item had been recommended for denial due to an unresolved curb cut question. This item has now been resolved and is now recommended for approval. -352- April 10, 1979 Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, to approve the T. Feeney Subdivision. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Tabled on First Reading Annexing the South College Properties Annexation Following is the City Manager's memorandum on this item: "This is a proposal to annex 190 acres located on the north- east corner of the intersection of South College Avenue and Harmony Road. This development was originally presented to Council at their January 16 regular meeting and discussed in detail at their Work Session on February 27. Attached is a lengthy compilation of information on the "South College Properties" that was prepared by staff for your review. Included among the items is the Planning Board's recommendation, staff review and recommendation, service im- pact study, and other pertinent information that we felt would be helpful to the Council in making their decision. One new item of particular interest included with the material is a study prepared by the property owners projecting the current and future revenues that the City might be expected to accrue from the annexation and zoning. Staff and the property owners are in the process of detail- ing information on the proposed Special Improvement District for the area. This item is tentatively scheduled for the Work Session on April 24. This annexation and the following zoning and master plan approval item are the only items for discussion today. Approval of the annexation, zoning and master plan, in no way, gives approval for the Special Improvement District is- sue. That is a separate item as one possible way to accom- plish overall improvements and it is up to the developers to put it together and it should be considered on its own merits. Staff recommends approval of this annexation." -353- 1 April 10, 1979 ' Joe Frank from the Planning Department presented a brief review of the project and what the petitioners are pro- posing and an overview of where the petition stands today, of the four items before Council; namely (1) annexation (2) zoning (3) conceptual approval of the master plan and (4) creation of the improvement district. He added that the improvement district would not be addressed today. Attorney Arthur March Jr. addressed the Ordinance on annex- ation and zoning; specifically on the zoning Ordinance, he stated that "the zoning ordinance will have in it, condi- tions that are difficult to perform", he more specifically addressed the requirement that the super block be approved before these developments; the petioners were agreeable to this, providing they can work out the improvement district question, therefore, they are requesting that Council take action today and assuming that it is favorable, the petioner would work with the staff to finalize the proposal and would expect to delay second reading of the annexation and zoning Ordinances until the plans are finalized. Mr. Carr Bieker of ZVFK also spoke in favor of the plan. Councilwoman Gray expressed her concerns regarding conditions on zonings, adding that she thought the annexation was pre- mature. Councilmembers Kross, Reeves and Wilmarth expressed concern over how this proposal would mesh with alternative X. Councilmembers St. Croix and Wilkinson spoke in support of the annexation. Mayor Bowling stated this annexation does round out the city boundaries. Councilman St. Croix made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 44, 1978 on first reading. Councilmembers then individually addressed the motion on the floor. Councilman Wilmarth made a motion, seconded by Councilman Kross, to table this Ordinance for one month. Yeas: Coun- cilmembers Bowling, St. Croix, Wilkinson and Wilmarth. Nays: Councilmembers Gray, Kross and Reeves. THE MOTION CARRIED. Councilman Wilkinson suggested this item be brought back at a work session. Mayor Bowling directed the administration to place this item on a work session agenda, and recommended that Council members wanting further information contact the ' City Manager. -354- April 10, 1979 Ordinance Tabled on First Reading ' Zoning the South College Properties Annexation Following is the City Manager's memorandum on this item: "This is the companion Zoning Ordinance to the South College Properties Annexation Ordinance. The Planning and Zoning Board recommended the following: "H-B" - 26.3090 acres more or less "R-P" - 33.6746 acres more or less "R-M-P" - 19.8363 acres more or less (Exhibit "A") "B-P" - 82.8913 acres more or less This is in contrast to the Petitioners' request for: "H-B" - 58.2734 acres more or less "R-P" - 23.3527 acres more or less "R-M-P" - 19.8363 acres more or less (Exhibit "B") "B-P" - 61.2488 acres more or less The Petitioners have submitted a revised zoning proposal in response to the comments of Council aired at the January 16 regular meeting and the February 27 Work Session. The zoning pattern is the same as originally petitioned; however, they ' would agree to the following conditions: 1. That any uses in the "H-B" and "B-P" zones would be permitted only as a part of a P.U.D. 2. That only residential uses be allowed in the "R-P" and "R-M-P" zoning districts. 3. That the following uses on the 10.3 acre parcel in the northeast corner of the intersection of John F. Kennedy and Harmony Road are not suitable and should not be allowed: a. Gas stations b. Supermarkets and grocery stores c. Hardware and paint stores d. Variety stores e. Sporting goods stores f. Drive-in restaurant g. Furniture stores h. Fast food restaurants i. Drugstores j. Gift shops k. Jewelry stores 1. Music stores m. Television sales ' n. Small animal veterinary hospitals o. Hotels and motels -355- April 10, 1979 4. That the six "super block" planning areas be mas- ter planned before any plat, site plan or building permit is considered. 5. That prior to any plat, site plan or building per- mit for the entire 190 acre parcel is considered, a unified storm drainage plan for the area must be submitted and approved. Staff recommends that the above conditions would address the comments concerning zoning that City Council made in earlier sessions. Staff, therefore, recommends approval of the Pe- titioners' rezoning request with the conditions addressed, and approval of the master plan with the conditions relating to traffic and access as recommended by the Planning and Zoning Board." Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to table Ordinance No. 45, 1979 to May 15, 1979. Yeas: Councilmembers Bowling, Kross, Reeves, St. Croix, Wil- kinson and Wilmarth. Nays: None. (Gray out of room) THE MOTION CARRIED. Other Business (a). City Manager Arnold stated Mr. Herb Carlson, chairman of the Airport Board is here, and the Board is requesting approval of a pre -application for Federal Assistance. Mr. Carlson spoke to the request of the Federal Aviation Administration to submit a preapplication for an (ILS) Instrument Landing System. The Cities would pay for site preparation only. Twenty Thousand Dollars have been budgeted for Capital Improvements. Councilman St. Croix explained the workings of an ILS system, adding that he felt that instead of being a posi- tive safety factor, that the ILS might have an adverse safety factor. Councilmembers expressed their reluctance to make ad- ditional contributions to any airport program, until the current status and direction the airport will take in the future is resolved. Councilman St. Croix made a motion, seconded by Coun- cilwoman Reeves, to table this item to April 17, 1979 ' and that the City Council of Fort Collins meets with -356- the City of Loveland Yeas: Councilmembers and Wilmarth. Nays: THE MOTION CARRIED. to decide on a policy Bowling, Reeves, St. Councilmembers Gray April 10, 1979 for the Airport. Croix, Wilkinson and Kross. (b). Mayor Bowling requested City Manager Arnold Schedule an item on the agenda for April 17, 1979 to set the date of the summer election. Adjournment Mayor Bowling declared the meeting adjourned to April 17, 1979 at 5:00 p.m. The meeting was adjourned at 4:15 p.m. ATTEST: dab City Clerk -357-