HomeMy WebLinkAboutMINUTES-07/05/1977-RegularJuly 5, 1977
COUNCIL OF
THE CITY OF
FORT
COLLINS, COLORADO
ICouncil
- Manager
Form
of Government
Regular Meeting - 5:30 P.M.
A regular meeting of the Council of the City of Fort Collins
was held on Tuesday, July 5, 1977 at 5:30 p.m. in the Council
Chambers in the City of Fort Collins City Hall. Roll call
was answered by Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix, Suinn and Wilkinson.
Staff Members Present: Lanspery, Bingman, Krempel, Liley,
Holmes, Kaplan, Case, Smith, Woods,
McGraw and Lewis.
Also: City Attorney Arthur March, Jr.
Minutes of the Regular Meetings of
June 7 and June 21, 1977 Approved
Councilman Wilkinson made a motion, seconded by Councilman
' Russell to approve the minutes of the regular meetings of
June 7 and June 21, 1977 as published: Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson.
Nays: None.
THE MOTION CARRIED
Ordinance Adopted on Second Reading
Relating to the Creation and Organization
of Sanitary Sewer Improvement District No. 59
Following is the City Manager's memorandum on this item:
"At its June 21., 1977, meeting the City Council adopted
Ordinance No. 46, 1977, on first reading. Sanitary Sewer
Improvement District No. 59 provides for the installation
of sanitary sewer on the south side of West Mulberry from
Crestmore west to Taft Hill Road.
Initially there were
At that time the Cit
y
reduction were: (1) the property at the southwest corner of
Crestmore and Mulberry is already receiving sanitary sewer '
and therefore, not only is not a part of the District, but
makes it more difficult for the sewer extension; and (2)
the normally benefiting property owner on the north half
of the Mulberry Street line is the City Park Nine Golf
Course. At the June 21st meeting there were no objections
to this District, and several people thanked the City for
making a reasonable solution to the problem."
Councilman Wilkinson made a motion, seconded by Councilwoman
Gray to adopt Ordinance No. 46, 1977 on second reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
ORDINANCE NO. 46, 1977
BEING AN ORDINANCE RELATING TO THE CREATION AND
ORGANIZATION OF SANITARY SEWER IMPROVEMENT DISTRICT
NO. 59, AND PROVIDING FOR THE CONSTRUCTION OF
IMPROVEMENTS THEREIN
WHEREAS, heretofore the necessary proceedings were '
instituted to create a special improvement district for the
purpose of installing the improvements described on Exhibit
"A" attached hereto (hereinafter sometimes referred to as
"the improvements") for the benefit of the property described
on Exhibit "A"; and
WHEREAS, the City Council received the necessary
reports, gave the required notice and held a hearing on the
creation of such district on May 3, 1977, and continued such
hearing to this date; and
WHEREAS, the City Engineer and Director of Engineering
Services have recommended changes in the proposed district
as the result of objections presented at the hearing, the
recommended changes being to increase the City cost in
recognition that a City golf course is located on the North
side of Mulberry Street adjoining portions of the sewer line
to be installed and to charge the City on the same basis as
other adjoining landowners and also to charge as a City cost
the share of a property at the corner of Crestmore Place and
Mulberry Street which is not to be assessed because it is
connected to a different sanitary sewer line; and
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WHEREAS, the City Council is of the opinion that the
recommendations of the City Engineer and Director of Engineering
' Services should be accepted and after the changes made to
accomplish these recommendations, the City Council is of the
opinion that it is in the best interests of the City of Fort
Collins to form said special improvement district.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Section 1. That there is hereby created and organized
an improvement district under and by virtue of the provisions
of Chapter 16 of the Code of the City of Fort Collins, to be
known as Sanitary Sewer Improvement District No. 59 (herein-
after sometimes referred to as "the district") comprised of
the property described on Exhibit "A" -attached hereto.
Section 2. That the improvements to be constructed
shall consist of the improvements described on Exhibit"A"
attached hereto, all as more fully set forth in the map,
plans and specifications heretofore submitted by the City
Engineer and accepted by the City Council by resolution.
Section 3. That the total cost of such improvements
shall not exceed by more than five per cent (58) the City
Engineer's estimate heretofore accepted of $23,900.00,
exclusive of the expense of collection, legal, advertising,
engineering, financing, interest during construction and
other incidentals. The City shall pay all of the cost of
construction of said line except that one-half of the cost
of construction of that portion of the line installed within
the right of way of West Mulberry Street from its intersection
with Taft Hill Road east to a point 867.81 feet east of the
northwest corner of Section 15, Township 7 North, Range 69
West of the 6th P.M., together with such expense of collection,
legal, advertising, engineering, financing, interest during
construction and other incidentals (17% of such assessable
costs) shall be assessed against the property in the district
described on'Exhibit A, in the manner set forth on Exhibit
A, in accordance with the provisions of Chapter 16 of the
Code of the City of Fort Collins.
Section 4. That the City Council has, pursuant to
notice duly mailed and published, all as provided in Chapter
16 of the Code of the City of Fort Collins, considered all
complaints and objections made and filed in writing by the
owners of any real estate to be assessed or any persons
interested; and the City Council further finds that all
requirements of the ordinances of the City of Fort Collins
respecting the organization of the district have been observed
' 322
and compiled with in all respects; and it is hereby ordered
that the improvements in the district as provided for in the
map, plans and specifications heretofore adopted by the City '
Council be and they hereby are ordered to be constructed.
Section 5. Upon the taking effect of this ordinance,
the Mayor is hereby authorized and empowered to advertise
for bids for the construction of the improvements in accord-
ance with the map, plans and specifications heretofore
adopted, which advertisement shall be twice published in an
official newspaper published in the City. Said publications
are to be at least a week apart, and the date for opening of
bids shall not be less than ten (10) days after first publica-
tion, and bids received under said advertisement shall be
submitted to the Council for approval'or rejection. Adver-
tisements for bids shall comply with the requirements and be
in accordance with the provisions of Chapter 16 of the Code
of the City of Fort Collins.
Section 6. When the improvements herein authorized
have been completed and the same approved and acepted by the
City. of Fort Collins, the costs as set forth above shall be
assessed upon the real property in said improvement district,
all as hereinbefore set forth.
Section 7. This ordinance shall be irrepealable until
the indebtedness herein provided for, whenever the same I
shall be created, shall have been duly paid, satisfied and
discharged as herein provided.
Introduced, considered favorably on first reading, and
ordered published this 21stday of June, 1977, and to be
presented .for final passage on the 5th dam of July, 1977.
ATTEST:
C ty Clerk
323 1
Passed and adopted on final reading this 5th
July, A.D. 1977.
ATTEST:
C ty clerk
EXHIBIT A
ORDINANCE NO. 46, 1977
SANITARY SEWER IMPROVEMENT DISTRICT NO. 59,
day of
A. Description of property specially benefited by the
improvements to be installed in the district and to be
assessed for a portion of the costs incurred in making said
' improvements as described and defined in Section 3 of the
ordinance:
Considering the North line of Section 15, Township 7
North, Range 69 West of the 6th P.M., Larimer County,
Colorado, as bearing due East and with all bearings
contained herein, relative thereto, commencing at the
NW corner of said Section 15, thence East 30 feet,
thence South 30 feet to the true point of beginning,
thence East 837.81 feet, thence South 190 feet, thence
Wast 837.81 feet, thence South 190 feet, thence West
837.81 feet, thence North 190 feet to the point of
beginning.
B. Improvements to be installed in the district consist
of:
Installation of sanitary sewer main.
C. The cost of making the improvements in the district
shall be assessed against the assessable property in the
district as follows:
1
324
The amount to be assessed as described and defined in
Section 3 of the ordinance shall be assessed upon all
of the real estate in the district, respectively, in '
proportion as the area of each piece of real estate in
the district is to the area of all of the real estate
in the district, exclusive of streets and alleys in
the district.
First Reading: June 21, 1977 (Vote: Yeas: 5, Nays: 0)
Second Reading: July 5, 1977 (Vote: Yeas: 7, Nays: 0)
Dates Published: June 26, 1977 and July 10, 1977
Attest:
City C er
Ordinance Adopted on Second Reading
Requiring a Franchise to Maintain
Electrical Facilities in the City Right of
Following is the City Manager's memorandum on this item
"At its June 21, 1977, meeting the City Council adopted
Ordinance No. 57, 1977, on first reading. This Ordinance
pertains to the installation and maintenance of utility lines '
in City rights of way by other utilities. Ordinance No. 57
will be of assistance to the City in relocating utilities
that are in the way of the street and other improvements in
public rights of way. Also, it will provide for some regu-
lation and control over specific locations.
Ordinance No. 57 will require a franchise to establish or
maintain electric facilities within the public rights of
way or other public areas. This franchise does not involve
service within the city, but contemplates facilities running
through the city to provide service to rural areas. Aside
from the fact that the City Charter contemplates such a
franchise requirement, the principle reasons for requiring
this Ordinance are as follows:
1. The need to be able to regulate the type of facilities
installed in the future within the public areas and the
manner of construction of such facilities.
2. The need to be able to require relocation and reconstruc-
tion of facilities within the public ways when such public
ways are renovated to City standards.
3. The need to be able to control conflicts between the '
various utility lines which need to be placed in the public
ways.
325
There have been several memos submitted to Council on this
subject, and we have also had several public meetings to
discuss the project."
Councilman Wilkinson made a motion, seconded by Councilman
Bowling to adopt Ordinance No. 57, 1977 on second reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix
and Wilkinson. Nays: Councilman Suinn.
THE MOTION CARRIED
ORDINANCE NO. 57 , 1977
BEING AN ORDINANCE RELATING TO THE MAINTENANCE
AND INSTALLATION OF WIRES, CABLE OR OTHER EQUIPMENT
FOR THE TRANSMISSION OF ELECTRIC CURRENT IMPULSES IN,
ON OR OVER STREETS, ALLEYS, SIDEWALKS AND OTHER PUBLIC
WAYS AND PLACES IN THE CITY AND REQUIRING A FRANCHISE
FOR THE SAME
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
' Section 1. General Provisions. It shall be unlawful
to maintain or install any wires, cables or other equipment
for the transmission of electric current impulses in, on,
under or over any street, alley, sidewalk or other public
place in the City; or to maintain or install any pole or
mast to support or hold such wires or equipment in any such
place without having fully complied with the provisions of
this ordinance.
Section 2. Franchise or Permit. After the effective
date of this ordinance, no such wire, cable, pole or other
equipment shall be installed or maintained over, on or under
any such place unless pursuant to Article XIII of the Charter
of the City of Fort Collins a franchise has -een granted for
such installation or maintenance. In order to permit the
necessary time to obtain a franchise pursuant to Article
XIII of the City Charter, any facilities described in Section
1 which exist on the effective date of this ordinance may
continue to be maintained for a period of one hundred eighty
(180) days after the effective date of this ordinance without
the requirement of a franchise.
326
Section 3. Any franchise granted pursuant to this
ordinance shall comply with all requirements of Article XIII
of the Charter of the City of Fort Collins and shall specify
the fee to be paid for the franchise, the purpose of the t
facilities to be maintained or constructed under the franchise,
and the manner in which any such facilities shall be installed
or maintained. The franchise shall also specify the location
in which any facilities may be installed or maintained and
may provide for areas annexed to the City after the date of
the franchise.
Section 4. Effect of Franchise. Any franchise granted
under this ordinance shall only permit the installation and
maintenance of lines and other facilities upon the -public
ways designated in the franchise and such franchise shall
not be construed to permit the furnishing of electric service
to properties within the City, but the furnishing of any
such service must be the subject of a separate franchise
granted in accordance with the applicable ordinances and the
Charter of the City of Fort Collins.
Section 5. Supervision. It shall be the duty of the
Director of Engineering Services or his designee to supervise
all construction or installation work performed subject to
any franchise granted under this ordinance and to make such
inspections as may be necessary to insure compliance with
the provisions of the franchise, this ordinance and other
applicable ordinances of the City of Fort Collins. '
Section 6. City Electric Utility. The provisions of
this ordinance shall not apply to the electrical utility of
the City and that utility shall be authorized to install
lines and facilities in accordance with the other applicable
ordinances of the City of Fort Collins and the rules and
regulations of the City electric utility.
Section 7. Effective Date. This ordinance shall go
into effect and be effective from and after the first day of
August, 1977.
Section 8. Penalty. Any violation of any provision of
this ordinance shall be a violation of the ordinances of the
City of Fort Collins, punishable as provided in Section 1-23
of the Code of the City of Fort Collins. Each day upon
which any violation shall continue shall constitute a separate
offense, punishable as such.
327 1
Section 9. Severability. If any section, subsection
or provision of this ordinance or the application thereof to
' any person or circumstance is declared unconstitutional or
otherwise invalid by any court of competent jurisdiction,
such invalidity shall not affect the other sections, subsections,
provisions or applications of this ordinance and the City
Council hereby declares that it would have enacted each
individual section, subsection, provision and application of
this ordinance independently and without reference to the
other provisions hereof.
Introduced, considered favorably on first reading, and
ordered published this .21st day of June , A.D.'
1977,, and to be presented for final passage on the 5th day
of July , A.D. 1977.___._.
July
Passed and adopted on final reading this
A.D. 1977.
ATTES .
CIty CletJc
First Reading:
Second Reading:
Dates Published
Attest:
r
' ity C er
June 21, 1977
July 5, 1977
June 26, 1977
5th day of
(Vote: Yeas: 6, Nays: 0)
(Vote: Yeas: 6, Nays: 1)
and July 10, 1977
Ordinance Adopted on Second Reading
Requiring a Franchise to Furnish Electrical Service
Within the Citv
Following is the City Manager's memorandum on this item:
1
328
"Ordinance No. 58, 1977, was adopted on first reading at
the June 21, 1977, City Council meeting.
This Ordinance requires the City to issue a franchise before '
any electric utility can provide service to customers within
the city limits. Our City Attorney has indicated on several
occasions that a franchise is required under our City Charter.
The City of Fort Collins contemplates providing electric
utility service to all customers within city boundaries except
in a few rare cases. The two other electric utilities in the
area -- namely, the Public Service Company of Colorado, and
the Poudre Valley Rural Electric Association -- maintain that,
as we annex land, we are moving into territory that has been
certified to them by the Colorado Public Utility Commission.
For many years the City has been discussing the issue of the
take-over of the other companies' electrical customers at the
time of annexation. These negotiations have always fallen
short of any definitive solution because of the basic difference
in the legal position of the City and the other electrical
utilities. The City maintains it has a right to serve all
electrical customers that are within city limits, especially
'if the other company has no franchise agreement to serve
within the city. The two electric utilities maintain that
we are moving into certificated areas and therefore, they
.have rights. It is my personal feeling that, as we do take
over customers, the other electrical companies should be
,reasonably compensated for this loss of customer load. '
The big issue was and still is to determine what is reasonable.
It is hoped that negotiations will proceed on this matter at
an accelerated pace with regard to arriving at final deter-
mination. k
The original Ordinance provided for a 90-day period within
which to cease serving or obtain a franchise of all property
within the city and upon annexation to the city. It did not
appear that this time spent was realistic, and therefore, the
Ordinance was amended to a 6-month period."
Councilwoman Gray made a motion, seconded h.-y Councilman Russell
to adopt Ordinance No. 58, 1977 on second reading,. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and
Wilkinson. Nays: Councilman Suinn.
,THE MOTION CARRIED
329
1
ORDINANCE NO. 58 , 1977
BEING AN ORDINANCE REQUIRING THE CONSENT BY
ORDINANCE OF THE CITY OF FORT COLLINS
FOR FURNISHING ELECTRICAL SERVICE TO ANY
PROPERTY WITHIN THE CITY, PROHIBITING OBTAINING
ELECTRICAL SERVICE FROM ANY PERSON OR OTHER
ENTITY NOT HAVING SUCH FRANCHISE TO FURNISH
ELECTRICAL SERVICE, AND ESTABLISHING PENALTIES
FOR THE VIOLATION OF THE REQUIREMENTS
OF THIS ORDINANCE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. Franchise Required. Except as otherwise
provided herein, it shall be unlawful to furnish or offer to
furnish to any property in the City any electrical service
transmitted through wires installed or maintained in, on,
under or over any street, alley, sidewalk, easement or other
public place in the City unless the City Council has by.
ordinance granted a franchise allowing such service. Any
' such franchise shall comply with all provisions of Article
XIII of the Charter of the City of Fort Collins and shall
specify the area of the City in which such service is permitted.
Section 2. Obtaining Electrical Service. Except as
otherwise provided herein, it shall be unlawful for any
person to obtain electrical service from any person, firm,
corporation or other entity which is not franchised pursuant
to Section 1 of this ordinance to provide such electrical
service.
Section 3. City Electric Utility. The provisions of
this ordinance shall not apply to the electrical utility of
the City and that utility shall be authorized to furnish
electric service to any property within the City.
Section 4. Annexations. Properties within any annexa-
tion to the City may continue to receive electrical service
from any utility previously furnishing such service without
complying with the provisions of this ordinance for a period
of ninety (90) days after the effective date of the annexation.
After the.expiration of such ninety -day period, all electrical
service within any annexed area shall be provided in accord-
ance with the provisions of this ordinahce. If a franchise
330
for the furnishing of electrical service within a duly
annexed area is not granted within such ninety -day period,
the City electrical utility shall provide electrical service
to all property within the annexed area in accordance with
the provisions -of the ordinances of the City and the rules
and regulations of the City Electric Utility for the furnishing
of such electrical service.
Section 5. Penalty. Any violation of any provision of
this ordinance shall be a violation of the ordinances of the
City of Fort Collins, punishable as provided in Section 1-23
of the Code of the City of Fort Collins. Each day upon
which any violation shall continue shall constitute a separate
offense, punishable as such.
Section 6. Severability. If any section, subsection
or provision of this ordinance or the application thereof to
any person or circumstance is declared unconstitutional or
otherwise invalid by any court of competent jurisdiction,
such invalidity shall not affect the other sections, subsections,
provisions or applications of this ordinance and the City
Council hereby declares that it would have enacted each
individual section, subsection, provision and application of
this ordinance independently and without reference to the
other provisions hereof.
Introduced, considered favorably on first reading,
ordered published this 21st day of June , A.D.
1977, and to be present—ed-Tor final passage on the 5th
July r A.D. 1977.
ATTEST:
Ci'Clerk
and
day of
Passed and adopted on. final reading this 5th day of
July. , A.D. 1977.
ATTEST
y C erk
331
1
1
R
First Reading: June 21, 1977
Second Reading: July 5, 1977
Dates Published: June 26, 1977
Attest: '
City Cler
(Vote: Yeas: 6, Nays: 0)
(Vote: Yeas: 6, Nays: 1)
and July 10, 1977
Ordinance Adopted on Second Reading Vacating a
Portion of the Right of Way of Drake
Road and Lemay Avenue
Following is the City Manager's memorandum on this item:
"At its June 21, 1977, meeting the City Council adopted
Ordinance No. 77, 1977, on first reading. This Ordinance
provides for the vacation of approximately 2-1/2 feet on the
west side of Lemay or the east side of the Woodward Governor
property and 4-1/2 feet on the north side of Drake Road or
the south side of the Woodward Governor property. Woodward
Governor would like to put a decorative fence on the property
line immediately adjacent to the sidewalk. This vacation
would help with the ground maintenance program and also
resolve the liability question.
This Ordinance was adopted conditionally at the June 21,
1977, meeting. There are some underground street lighting
cables and other utilities in this vacated part. This would
require the City to obtain an easement to the property for
utility purposes. It is expected that we would have this
easement situation resolved before the July 5, 1977, meeting.
Woodward Governor has verbally agreed with these easement
1t
agreements.
Mayor Bloom declared he would turn the Chair over to Vice-.
Mayor Suinn.
Councilman Bowling made a motion, seconded by Councilman Russell
to adopt Ordinance No. 77, 1977 on second reading. Yeas:
Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None. (Mayor Bloom out of room.)
THE MOTION CARRIED
332
ORDINANCE NO, 77, 1977 '
BEING AN ORDINANCE VACATING A PORTION OF
THE RIGHT OF WAY OF DRAKE ROAD AND A PORTION
OF THE RIGHT OF WAY OF LEMAY AVENUE IN THE CITY
WHEREAS, heretofore the owner of the property hereinafter
described dedicated said property together with other property
as a part of the right of way for Drake Road and the right
of way for Lemay Avenue; and
WHEREAS, it appears that the portion of said right of
way hereinafter described is not needed for street, highway
or other municipal purposes and the adjoining property owner
who dedicated the same has requested that the excess portion
not needed be vacated; and
WHEREAS,.the City Council has considered such request,
has made a determination that the portion of the right of
way hereinafter described is not needed for any municipal
purpose and should be vacated.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF FORT COLLINS: '
Section 1. That the following described portion of the
property dedicated as a part of Drake Road in the City of
Fort Collins, Colorado, to -wit:
Considering the South line of Section 24, Township 7
North, Range 69 West of the 6th P.M. as bearing N
89*37130" W; commencing at a point which bears N 00*22130"
E 30.00 feet from the SW corner of the SE 1/4 of the SE
1/4 of said Section 24, said SW corner of the SE 1/4 of
the SE 1/4 bearing N 89037130" W 1321.36 feet from the
SE corner of said Section 24, and running thence S
89037130" E 989.35 feet; thence along tha arc of a
221.00 foot radius curve to the right 117.64 feet, the
long chord of which bears S 74°22130" E 116.26 feet;
thence S 59007153.8" E 137.51 feet; thence along the
arc of a 49.5 foot radius curve to the right 7.15 feet,
the long chord of which bears N 70051141.8" W 7.14
feet; thence N 66043134" W 86.79 feet; thence N 68°18128.3"
W 78.75 feet; thence along the arc of a 455.5 foot
radius curve to the left 169.46 feet, the long chord of
which bears N 78058102" W 168.48 feet; thence N 89*37130"
W 894.35 feet; thence N 000221300 E 4.50 feet, to the
point of beginning, containing 0.19343 acres (8,425.89 '
square feet), more or less;
333
' be, and the same hereby is, abated, vacated and abolished,
Section 2. That the following described portion of the
property dedicated as a part of Lemay Avenue in the City of
Fort Collins, Colorado, to -wit:
Considering the East line of Section 24, Township 7
North, Range 69 West of the 6th P,M, as bearing N
00*13130" W; commencing at a point which bears N 89°37►30°
W 40.00 feet from the SE corner of said Section 24 and
running thence N 00013130" W 1324.20 feet; thence N
89*42100" E 2.5 feet; thence S 00*13130" E 1174.62
feet; thence S 01953145.9" W 54.04 feet; thence S
00013134.70 E 95.58 feet; thence South 22.13 feet;
thence along the arc of a 49.5 foot radius curve to the
right 7.04 feet, the long chord of which bears S
04004143.4" W 7.03 feet; thence North 29.14 feet, to
the point of beginning, containing 0.07063 acres C3,077.39
square feet) more or less;
be, and the same hereby is, abated, vacated and abolished.
Section 3. Pursuant to law, the portions of the rights
of way hereinabove vacated shall revert to the owner of the
' premises adjoining the same.
Introduced, considered favorably on first reading and
ordered published this 21st day of June, A.D, 1977, and to
be presented for final passage on the 5th day of July, A.D.
1977.
ATTEST•
City Clerk
Passed and adopted on final reading this 5th day of
July, A.D. 1977.
ATTEST
' City Clerk
334
First Reading: June 21, 1977 (Vote: Yeas: 5, Nays: 0)
Second Reading: July 5, 1977 (Vote: Yeas: 6, Nays: 0)
Dates Published: June 26, 1977 and July 10, 1977 '
Attest: /
City Cler
Ordinance Adopted on Second Reading
onina the Greenwalt Tenth Annexation
Following is the City Manager's memorandum on this item:
"At its June 21, 1977, meeting the City Council adopted
Ordinance No. 78, on first reading. The Greenwalt Tenth
Annexation consists of 73.3 acres located on the southwest
corner of East Drake and Timberline Road. The zoning is
R-L-M, Low Density Multiple -Family District."
Councilman Russell made a motion, seconded by Councilman
St. Croix to adopt Ordinance No. 78, 1977 on second reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED I
ORDINANCE NO. 78 , 1977
BEING AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE OF
THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING
ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE
PROPERTY INCLUDED IN THE GREENWALT TENTH ANNEXATION TO
THE CITY OF FORT COLLINS, COLORADO
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That the Zoning District Map adopted by Chapter 118
of the Code of the City of Fort Collins, be and the same hereby is changed
and amended by including that portion of the Greenwalt Annexation to
the City of Fort Collins described as follows:
335 1
1
A tract of land situate in the Northeast 1/4 of
Section 30, Township 7 North, Range 68 West of the
Sixth P.M., Larimer County, Colorado, which begins
at the Northeast corner of said Section 30,.and run
thence S 000 25' W 430.00 feet; thence N 890 35' W
390.00 feet; thence S 000 25' W 425.00 feet; thence S
820 52' 24" E 171.17 feet; thence S 890 35' E 220.00
feet; thence S 00o 25' W 290.00 feet thence N 890 35'
W 550.00 feet; thence N 000 25' E 1159.64 feet; thence
N 890 51' 30" E 550.03 feet to the point of beginning,
in the R-L-M, Low Density Multiple Family District, and by including the
remainder of the said Greenwalt Annexation in the R-L, Low Density Residen-
tial District.
Section 2. The City Engineer is hereby authorized and directed to
amend said Zoning District Map in accordance with this ordinance.
Introduced, considered favorably on first reading, and ordered
published this 21st day of June, A.D. 1977, and to be presented for final
passage on the 5th day of July, A.D. 1977.
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of July, A.D. 1977.
336
First Reading: June 21, 1977 (Vote:
Second Reading: July 5, 1977 (Vote:
Dates Published: June 26, 1977 and July
Attest:
City Clerk
Yeas.: 5, Nays: 0)
Yeas: 7, Nays: 0) '
10, 1977
Ordinance Adopted on Second Reading Rezoning
M.E.E.S. II, Ltd. Stonehenge PUD.Property
Following is the City Manager's memorandum on this item:
"Ordinance No. 80, 1977, was adopted on first reading at the
June 21, 1977, meeting. The Stonehenge PUD consists of 10.25
acres located east of Lemay and south of East Stuart Street.
This Ordinance provides for the rezoning of property from R-L,
Low Density District, to R-L-P, Low Density Planned Residential
District.
The Planning and Zoning Board recommended unanimously for
approval of this rezoning."
Councilman Suinn made a motion, seconded by Councilman Wilkinson I
to adopt Ordinance No. 80, 1977 on second reading. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn
and Wilkinson. Nays: None.
THE MOTION CARRIED
ORDINANCE NO. 80 , 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 C7TY 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 R-L, Low Density Residential
District to R-L-P, Low Density Planned Residential District
for the following described property in the City, to -wit:
337 1
A tract of land situate in the Southwest 1/4 of the Northwest 1/4
of Section 19, Township 7 North, Range 68 West, of the Sixth P.M.,
City of Fort Collins, County of. Larimer, State of Colorado, which,
considering the west line of said Northwest 1/4 as bearing North
and with all bearings contained herein relative thereto, begins at
a point which bears East 505.00 feet from the Northwest corner of
said Southwest 1/4 of the Northwest 1/4, and run thence South
170.00 feet; thence along the arc of a 180.30 foot radius curve
to the right a distance of 97.55 feet, the long chord of. which
bears S 15030'. W 96.37 feet; thence S 31000' W 308.00 feet; thence
N 59000' W 158.96 feet; thence West 184.36 feet; thence South 453.00
feet; thence East 380.00 feet; thence North 98.00 feet; thence along
the arc of a 248 foot radius curve to the right a distance of 282.93
feet, the long chord of which bears N 32041' E 267.84 feet; thence
N 65022' E 325.60 feet; thence along the arc of a 467.42 foot radius
curve to the left a distance of 155.28 feet, the long chord of which
bears N 55051' E 154.56 feet; thence N 43040' W 30.00 feet; thence
along the arc of a 1065 foot radius curve to the left a distnace of
303.46 feet, the long chord of which bears N 39047'05" E 302.43
feet; thence along the arc of a 15 foot radius curve to the left
a distance of 25.24 feet, the long chord of which bears N 16035'30"
W 22.37 feet; thence N 25°11'42" E 40.00 feet; thence along the arc of
a 424.14 feet foot radius curve to the left a distance of 186.51 feet,
the long chord of which bears N 7.7024'08" W 185.01 feet; thence
West 446.41 feet to the point of beginning."
Introduced, considered favorably on first reading, and.
ordered published this 21st day of June, A,D. 1977, and to
be presented for final passage on the 5th day of July, A.D.
Passed and adopted on final reading this 5th day of
338
First Reading: June 21, 1977 (Vote: Yeas: 4, Nays: 0)
Second Reading: July 5, 1977 (Vote: Yeas: 7, Nays: 0) '
Dates Published: June 26, 1977 and July 10, 1977
Attest:
City Cler
Ordinance Adopted on Second Reading Rezoning
the Jones -Impala Drive Property"
Following is the City Manager's memorandum on this item:
"The Jones - Impala Drive rezoning consists of 4.3 acres
located on the west side of Impala Drive north of West
Mulberry and south of Olive Street. This Ordinance provides
for the rezoning from R-L, Low Density Residential District
to R-L-M, Low Density Multiple -Family District. The
Planning and Zoning Board recommended unanimously for
approval of this rezoning."
Councilman Suinn made a motion, seconded by Councilman Wilkinson
to adopt Ordinance No. 82, 1977 on second reading. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn '
and Wilkinson. Nays: None,
THE MOTION CARRIED
ORDINANCE NO. 82 , 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 R-L, Low Density Residential
District to R-L-M, Low Density Multiple Family District for
the following described property in the City, to -wit.
339 1
A tract of land located in the SE 1/4 of Section 9,
Township 7 North, Range 69 West of the 6th P.M., City
of Fort Collins, Larimer County, Colorado, being more
particularly described as follows:
Considering the South line of the SE 1/4 of said Section
9 as bearing S 89*35130" E, and with all bearings
contained herein relative thereto: Commencing at the
South 1/4 corner of said Section 9; thence along the
said South line S 89*35130" E 997.80 feet; thence N
00024130" E 407.00 feet to the True Point of Beginning;
thence along the arc of a curve to the left a distance
of 52.36 feet, radius of 200.00 feet, the long chord of
which bears N 07*0513011 W 52.21 feet; thence N 14035130"
W 49.66 feet; thence along the arc of a curve to the
left a distance of 50.67 feet, radius of 200.00 feet,
the long chord of which bears N 07*20' W 50.54 feet;
thence N 00024130" W 178.25 feet; thence S 89*55130" W
383.67 feet; thence S 00*07' E 335.84 feet; thence S
.89035130".E 180.73 feet; thence S 00*24130" W 185.00
feet; thence S 89035130" E 100.00 feet; thence S 00024130u
W 63.50 feet; thence S 89*35157" E 127.80 feet; thence
N 00024130". E 259.51 feet to the True Point of Beginning.
Introduced, considered favorably on first reading, and
ordered published this 21st day of June, A.D. 1977, and to
be presented for final passage on the 5t ay�%ooff July, A.D.
1977. .. /
AT EST• 7
CiyC er
Passed and adopted on final reading this 5th day of
July, A.D. 1977.
ATTEST• Mayor
Ci y Clerk ,
1
340
First Reading: June 21, 1977 (Vote: Yeas: 4, Nays: 0)
Second Reading: July 5, 1977 (Vote: Yeas: 7, Nays: 0) '
Dates Published: June 26, 1977 and July 10, 1977
Attest:
City ClerkT..
Ordinance Adopted on Second Reading Vacating
a Portion of Heatheridge Road in the Foothills
Village First Filing
Following is the City Manager's memorandum on this item:
"Ordinance No. 84, 1977, was adopted on first reading at the
June 21, 1977, City Council meeting. This vacation is requested
pursuant to the agreement between the developer of Village West
and the Homeowners Association as well as other interested
parties."
Councilman Suinn made a motion, seconded by Councilman St. Croix
to adopt Ordinance No. 84, 1977 on second reading. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn
and Wilkinson. Nays: None. '
THE MOTION CARRIED
ORDINANCE NO. 84 , 1977
BEING AN ORDINANCE VACATING A PORTION OF
HEATHERIDGE ROAD IN THE FOOTHILLS VILLAGE
FIRST FILING
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
That the following described portions of Heatheridge
Road in Foothills Village First Filing be, and the same
hereby are, vacated, abated and abolished:
341 1
A part of Heatheridge Road as platted in Foothills
' Village, First Filing, Fort Collins, Colorado, begin at
the most Southerly corner of Foothills Village, First
Filing, and run thence N 69028' E 43.34 feet; thence
along the arc of a 308.00 foot radius curve to the left
a distance of 37.55 feet, the long chord of which bears
N 02058'50" W 37.32 feet; thence N 54034' W 57.42 feet;
thence along the arc of a 268.00 foot radius curve to
the right a distance of 86.52 feet, the long chord of
which bears S O5025115" E 86.15 feet to the point of
beginning.
ALSO begin at a point on the Westerly line of Heatheridge
Road which bears N 05*25115" W 86.15 feet from the most
Southerly corner of Foothills Village, First Filing,
and run thence along the arc of a 268.00 foot radius
curve to the left a distance of 40.37 feet, the long
chord of which bears N 18159105" W 40.33 feet; thence N
23018' W 15.00 feet; thence N 66*42' E 55.00 feet;
thence along the arc of a 15.00 foot radius curve to
the left a distance of 23.56 feet, the long chord of
which bears S 21*42' W 21.21 feet; thence along the arc
of a 308.00 foot radius curve to the right a distance
of 90.59 feet, the long chord of which bears S 14*52125"
E 90.27 feet; thence N 54*00' W 57.42 feet to the point
of beginning.
' Introduced, considered favorably on first reading and
ordered published this 21st day of June , A.D. 1977,
and to be presented for final passage this 5th day of
July , A.D. 1977.
ATTEST: D
Cly Clerk
Passed and adopted on final reading this 5th
July , A.D. 1977.
ATTEST:
City C erk dd
1 342
Y
day of
First Reading: June 21, 1977
Second Reading: July 5, 1977
Dates Published: June 26, 1977
Attest: r
r-�
City Clerk
(Vote: Yeas: 5, Nays: 0)
(Vote: Yeas: 7, Nays: 0)
and July 10, 1977
Ordinance Adopted on Second Reading Relating
to the Utility Investment Fees and Tap Charges
Required to Connect to the City Sewer Utility
Following is the City Manager's memorandum on this item:
"Ordinance No. 85, 1977, was adopted on first reading at the
June 21, 1977, meeting. This Ordinance provides for a 15.27%
increase in the investment fees and tap charges required to
connect to City sanitary sewer. The plant investment fees and
tap charges are reviewed and analyzed annually. The developer's
committee of the Fort Collins Water Board and the Board as a
whole reviewed the staff recommendations with regard to the
increase in the sewer investment fee and recommended passage
of the rate increase."
Councilman Suinn made a motion, seconded by Councilman Bowling
to adopt Ordinance No. 85, 1977 on second reading. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, Suinn and
Wilkinson. Nays: Councilman St. Croix.
THE MOTION CARRIED
ORDINANCE NO. 85, 1977
BEING AN ORDINANCE AMENDING SECTION 112-83
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO UTILITY INVESTMENT FEES AND TAP
CHARGES REQUIRED TO CONNECT TO THE
CITY SEWER UTILITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Section 112-83 C of the Code of the City of Fort Collins be,
and the same hereby is, amended by deleting therefrom the table contained
therein and by substituting therefor the following:
1
343 1
1
Category Utility Investment Fee i Tap Charge
A $919.00 $190.00
B and C $919.00(for first dwel-
ling unit) $190.00
$669.00 (for each addi-
tional dwelling unit)
D,E and F
Nonresidential
Water Meter Size
(inches)
3/4
$ 919.00
$190.00
1
1,536.00
190.00
1-1/2
3,056.00
190.00
2
4,901.00
215.00
3
9,193.00
215.00
4
15,339.00
215.00
6
30,517.00
225.00
G
(same as equivalent Cate-
gory, plus any special
sanitation district fees)
H
Negotiated
Introduced, considered favorably on first reading, and ordered
published this 21st day of June, A.D. 1977, and to be presented. for. final passage
on the 5th day of July A.D. 1977.
ATTEST:
City Clerk
344
Passed and adopted on final reading this 5th day of July,
A.D. 1977.
ATTEST:
D
City Clerk
First Reading: June 21, 1977 (Vote:
Second Reading: July 5, 1977 (Vote:
Dates Published: June 26, 1977 and July
Attest:
City Cler
Yeas: 6, Nays: 0)
Yeas: 6, Nays: 0)
10, 1977
Ordinance Adopted on First Reading Relating
to Licenses for Auctioneers and Peddlers
Following is the City Manager's memorandum on this item:
"Ordinance No. 86, 1977, provides for the elimination of the
different types of auctioneers' and peddlers' licenses and
allows quarterly licenses for peddlers.
The whole question of peddlers' licenses has been discussed at
recent City Council meetings. We had received a request from
an individual who had to pay $200 for a hawker's or peddler's
license to sell balloons in City parks. At Uhe same time he
was requested to pay a concession fee to the Parks and
Recreation Department. This individual questioned the double
charging and also the equity of charging a $25 fee to peddle
food items and $200 to peddle other goods, wares, or merchan-
dise within the corporate limits of the city. He also asked
if this license could be paid on a quarterly basis. The
individual matter was resolved by rebating the peddler's
license since the selling would only go on in the City parks.
Other concessionaires in City parks only pay a percentage of
their gross sales. However, we did want to also resolve this
matter on a long-term basis.
345
LI
1
Ordinance No. 86, provides for $100 per year license fee
for auctioneers, and $50 per quarter or $150 per year for
' hawkers and peddlers."
Councilwoman Gray made a motion, seconded by Councilman
Wilkinson to adopt Ordinance No. 86, 1977 on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted on First Reading Vacating
the Street in the Citv Hall Block
Following is the City Manager's memorandum on this item:
"The City of Fort Collins now owns all of the property in
Block 42 of Fort Collins which is known as the City Hall
block. The alley is actually a dedicated street recorded
as Washington Place. To clarify the situation and to have
a clear building permit, the City Council should vacate
this street, or part of the present new City Hall building
will be protruding into the street right of way."
Councilman Suinn made a motion, seconded by Councilman
' Wilkinson to adopt Ordinance No. 89, 1977 on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted on First Reading as Amended
Amending the Occupational Tax for Mountain Bell
Following is the City Manager's memorandum on this item:
"Prior to 1976, Mountain Bell paid the City 2'/ of its gross
revenues to the City as an occupational tax. In the summer
of 1976, the State Supreme Court ruled that an occupational
tax based on a percentage of gross receipts is an income
tax. This decision necessitated a revision in the methods
used by Colorado municipalities to derive the amount of
occupational tax due the City. Pursuant to this ruling
Council passed Ordinance No. 56 on August 31, 1976, which
levied an annual tax of $90,000 on the telephone utility,
subject to revision.
Ordinance No. 90 would raise this annual fee to $100,000.
' The increase of $10,000 is suggested to adjust the fee in
line with our current rate of growth."
346
Councilman Wilkinson made a motion, seconded by Councilman
Bowling to adopt Ordinance No. 90, 1977 on first reading. '
City Attorney March requested Council defer consideration
of this matter until later in the meeting, as the ordinance
needed revisions to eliminate the old occupation tax.
Councilman Russell made a motion, seconded by Councilman
Suinn to table this item until later in the agenda. Yeas
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Resolutions Adopted Pertaining
to the Retirement Plan
Following is the City Manager's memorandum on this item:
"At the executive session at 4:00 p.m. on Tuesday, July 5,
the City Council will review several recommendations from
the Administration regarding minor changes in the City
Employees' Retirement Fund, In one case, the Administration
feels that some employees should have an increase in the
years of service they have under the Retirement Fund, and
in the other case there are several employees that are '
recommended for exclusion from the Retirement Fund. The
Council will receive memorandums and drafts of the Resolu-
tions in connection with these proposed changes. If the
Council agrees with these recommendations, the Resolutions,
which are fairly short, can be introduced and read in full
at the July 5th meeting."
Councilman Suinn made a motion, seconded by Councilman
Wilkinson to adopt the resolution. Yeas: Councilmembers
Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson.
Nays: Councilman Russell.
THE MOTION CARRIED
347 1
ir
I
RESOLUTION 77-42
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE GRANTING OF RETIREMENT
CREDIT TO H. R. PHILLIPS AND GLORIA WHITE
FOR THE YEARS OF SERVICE ON THE RECREATION
COMMISSION (1962 - 1965)
Y
WHEREAS, between 1-1-62 and 1-1-66 H9 R. Phillips was employed by
the Recreation Commission; and
WHEREAS, between 6-1-62 and 1-1-66 Gloria White was employed by
the Recreation Commission; and
WHEREAS, the City Council recognizes that during those years (1962 -
1965) the City contributed funds to said Recreation Commission; and
WHEREAS, the City Council recognizes that.no retirement credit was
granted H. R. Phillips and Gloria White while employed by the Recreation
Commission; and
I WHEREAS, the City Council recognizes that the Recreation Commission
performed a quasi -municipal function and was eventually incorporated into
the City organization.
' NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
i
1
1. That the City grant H. R. Phillips and Gloria White retirement
� credit for their service on the Recreation Commission from 1-1-62 to 1-1-66 and
6-1-62 to 1-1-66, respectively.
Passed and adopted at a regular meeting.of the City Council held the.
5th day of July . A.D. 1977.
ATTEST:
City Clark
30
City Clerk Verna Lewis read the next resolution by title.
Councilman Bowling made a motion, seconded by Councilman I
Wilkinson to adopt the resolution. Yeas: Councilmembers
Bowling, Gray, Russell,St. Croix, Suinn and Wilkinson.
Nays: None. (Mayor Bloom out of room.)
THE MOTION CARRIED
RESOLUTION 77-43
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE WITHDRA1,1AL OF PAUL A. LANSPERY
FROM THE CITY RETIREMENT PLAN AND SUBSTITUTING PARTICIPATION ON
BEHALF OF PAUL LANSPERY IN THE IGIA RETIREMENT CORPORATION'S DEFERRED CCMPMT
WHEREAS, heretofore on March 4, 1971, the City Council established a retire-
ment plan for employees of the City; and
WHEREAS, the Assistant City Manager is included as a participant in that
retirement plan; and
WHEREAS, the City Council recognizes that this aforementioned position is
unique among City employees and normally involves employment of individuals with
previous experience in other municipalities; and
WHEREAS, because of these unique aspects of this position, it is the opinion '
of the City Council that retirement benefits for the Assistant City Manager should
not be provided through the City retirement but would better be provided through
participation in the Deferred Compensation Plan of the ICMA Retirement Corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
1. That the City retirement plan adopted by resolution of the City Council
on March 4, 1971, is amended to delete the Assistant City Manager as a participating
City employee in such plan.
2. Any amounts which would have been payable by the City into the City
retirement plan on the behalf of the Assistant City Manager, if he was a participant
in such plan, shall instead be paid into the Deferred Compensation Plan established
for this individual with the IM Retirement Corporation.
3. All amounts heretofore paid into the City retirement plan an behalf of
Paul Lanspery shall be withdrawn from the City retirement plan and paid into the
Deferred Compensation Plan established for the Assistant City Manager with the ICMA
Retirement Corporation. The amounts to be so withdrawn shall be only the amounts
paid in and not any increases which have been earned on such amount.
349 1
'4. This resolution shall be effective at such time as the Assistant City
Manager executes a waiver of all claims to benefits or rights under the City Retire-
ment Plan.
Passed and adopted at a regular meeting of the City Council held the
Sth day of July , A.D. 1977.
ATTEST:
City Cler
Resolution Adopted Providing, for the Use of Urban
Systems Funds in Connection with the Improvements
for Drake Road and Lemay Avenue
' Following is the City Manager's memorandum on this item:
"On March 1st, 1977, the Fort Collins City Council adopted
Resolution No. 77-12 pertaining to the improvement of Drake
Road from Stover east to Lemay and on Lemay from Drake south
to Horsetooth Road. At that time the Resolution did not
include a section on the commitment of the local share of the
project cost."
Councilman Bowling made a motion, seconded by Councilman
Wilkinson to adopt the resolution. Yeas: Councilmembers
Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson.
Nays: None. (Mayor Bloom out of room.)
THE MOTION CARRIED
1
350
RESOLUTION 77-44
OF. THE COUNCIL OF THE CITY OF FORT COLLINS ACKNOW-
LEDGING THE OBLIGATION OF THE CITY TO PROVIDE ITS
SHARE OF THE COST OF STREET IMPROVEMENTS ON DRAKE
ROAD AND LEMAY AVENUE TO BE INSTALLED BY THE STATE
DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE
OF COLORADO, UNDER URBAN SYSTEMS PROGRAM PROJECT
NO. M 5000(1) AND AGREEING TO PROVIDE SUCH FUNDS
WHEREAS, heretofore on March 1, 1977, the City Council
adopted a resolution authorizing an agreement between the
City of Fort Collins and the State Department of Highways,
Division of Highways, State of Colorado, for the construction
of street improvements on Drake Road and Lemay Avenue under
Federal Urban Systems Program Project No. M 5000(1); and
WHEREAS, the maximum funding available through the
Federal Urban Systems Program will be $190,000.00, or a pro
rata share of 74% of the final costs of the project, whichever
dollar amount is less; and
WHEREAS, the estimated cost of the project is $433,000.00,
and the City of'Fort Collins will be required to provide the
funds to pay all costs of the project over the amount paid
through federal aid funds; and
WHEREAS, it is necessary that the City Council acknow-
ledge its responsibility to pay its share of the costs of
such program and agree to pay the same; and
WHEREAS, adequate funds for payment of the City's share
of the project are available and to the extent required have
been previously appropriated for expenditure by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS, that the City Council hereby acknow-
ledges its responsibility to provide the necessary funds to
pay all costs of Project No. M 5000(1) for installing street
improvements on Drake Road and Lemay Avenue in excess of the
federal aid funds available for expenditure on this project
and that the City Council hereby agrees to provide its share
of the cost of such project.
Passed and adopted at a regular meeting of the City
Council held this 5th day of J
ATTEST:
c
Ci y Clerk
1
1
351
1
1
1
Recommendation of Administration Approved
Regarding Location of Trolley Car in the Downtown Area
Following is the City Manager's memorandum and recommendation
on this item:
"Consideration of the trolley location in the downtown area
was tabled at the June 28, 1977, adjourned meeting. Enclosed
is a memorandum from Ellen Thexton, Cultural Affairs Director,
on this subject.
The historic trolley which was formerly used in Fort Collins
was previously located behind the old Pioneer Museum. It
was temporarily relocated to a site around the new Fort Collins
Museum. However, it was never felt to be appropriate at this
location. This is especially true now that we will be
receiving an old school house to locate with the two cabins
in the courtyard area to the east and south of the Museum.
Many of us feel the ideal location is someplace in the
downtown area. In the first place, that is where the trolleys
were used. Also, the trolley could be a focal point and
utilized to advertise and sell tickets for various events in .
the City including programs at the Lincoln Community Center.
The Fort Collins Junior Women's Club volunteered to move and
restore the trolley at no cost to the City. This is an
exceptional opportunity for the City to make the change.
Recommendation: The Administration recommends that the
City Councilapprove the relocation of the trolley car to
someplace in the downtown area, accept the gracious offer
of the Fort Collins Junior Women's Club, and direct the staff
to make final arrangements as to the location and other
necessary arrangements in connection with this move."
Councilman Bowling again expressed appreciation to the
Fort Collins Junior Women's Club for this civic effort.
Councilman Russell expressed concern relating to who would
have ultimate jurisdiction over use, refurbishing, priorities
for ticket sales, etc. City Attorney March stated these
items will be solved by means of a contract to be presented
later.
Mayor Bloom and Councilman Wilkinson expressed concern
relating to the placing of the school house at the Library
site relating to the 5% open space limitation. Acting
City Manager Lanspery will report on this aspect.
352
Cultural Affairs Director Ellen Thexton and Director of
Engineering Services Roy Bingman spoke to the proposed
location which has not been determined as yet.
Councilman Bowling made a motion, seconded by Councilman
St. Croix to approve the concept as presented by the
administration. Yeas: Councilmembers Bloom, Bowling,
Gray, Russell, St. Croix, Suinn and Wilkinson. Nays:
None.
THE MOTION CARRIED
Oxford Lane in Eastborough Subdivision
Changed to Oxborough Drive
Following is the City Manager's memorandum on this item:
"The staff has initiated that the name for Oxford Lane as
platted in the Silverwood Subdivision and proposed in the
Eastborough Subdivision by changed, because it will not
connect to the existing Oxford Lane west of Lemay Avenue.
Correct street naming is important to our Fire and Police
Departments as well as to the Post Office. Various street
names should not be spelled the same or phonetically sound
the same. This is especially important when an emergency
vehicle is being dispatched.
The developer of Eastborough Subdivision has suggested that
the name "Oxborough Lane" be designated. This name is
acceptable to all parties affected."
The consensus was to change the name of Oxford Lane to
Oxborough Drive on the plat of the Eastborough Subdivision.
Resolution Adopted Changing the Name of
Oxford Lane to Oxborough Drive in
the Silver -wood Village, First Filing Subdivision
Councilman Wilkinson made a motion, seconded by Councilwoman
Gray to amend the resolution by deleting the word "Lane" and
substituting the word "Drive." Yeas: Councilmembers Bloom,
Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson.
Nays: None.
THE MOTION CARRIED
353
1
1
1
1
Councilman Bowling
Wilkinson to adopt
Councilmembers Bloo
Suinn and Wilkinson
THE MOTION CARRIED
made a motion, seconded by Councilman
the resolution as amended. Yeas:
m, Bowling, Gray, Russell, St. Croix,
. Nays: None.
RESOLUTION 77-45
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CHANGING THE NAME OF OXFORD LANE, A STREET
IN SILVERWOOD VILLAGE, FIRST FILING IN THE CITY
OF FORT COLLINS, TO OXBOROUGH DRIVE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
That the name of that certain street heretofore,
known as Oxford Lane located in Silverwood Village,
First Filing, a subdivision in the City of Fort
Collins, Colorado, is hereby changed to Oxborough
Drive.
Passed and adopted at a regular meeting of the
City Council held this 54-h A- ^F T-1- * ^ 1-
ATTEST:
City Cler 1
354
Authorization to Exceed Housing Rehabilitation
Grant Limits Approved
Following is the City Manager's memorandum and recommendation
on this item:
"Enclosed is a memo from Jim Woods, our Housing Rehabilitation
Director, with regard to the Housing Rehabilitation Program.
As indicated in Jim's letter, our maximum grant limits are
$10,000 for very low-income persons and $7,500 for moderately
low income. We are experiencing some problems with regard
to these grant limits. This is especially true in connection
with the unpredictable costs during remodeling and reconstruc-
tion work, along with not knowing the complete extent of
work until we actually start the repair. All the work
performed must be in compliance with the Uniform Building
Code. Although we do not expect to use it too often, it
would be helpful if the Housing Rehabilitation Director could
have a 10% overage from the grant limitation in unusual
situations. If it exceeded this amount due to extremely
unforseen conditions we would bring the entire matter back
to the City Council.
Recommendation: The Administration recommends that the City
Council aut orize the Housing Rehabilitation Director, with
the concurrence of the City Manager, to exceed the draft '
limits by 10% in unusual situations. The reporting of these
overages should be brought to the City Council's attention.
It is also understood that any amount that might go above
this amount should be brought to the Council prior to doing
any work."
Councilman Wilkinson made a motion, seconded by Councilwoman
Gray to adopt the recommendation of the administration.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson.
THE MOTION CARRIED
Airport Master Plan Tabled
Councilman Bowling requested he be excused from consideration
and vote on this item and the next due to a possible conflict
of interest.
Following is the City Manager's memorandum on this item:
355 1
"At the last meeting of the Airport Board, the Board discussed
the Master Plan and recommended to the two City Councils that
the plan be adopted. Only minor revisions were made in the
plan at that'time.
Representatives from the Board will be available to answer
any questions you might have."
Administrative Assistant Susan Jones stated the plan is
basically the same as was presented two years ago.
Councilman Russell made a motion, seconded by Councilwoman
Gray to adopt the Airport Master Plan with revisions.
Yeas: Councilmembers Bloom, Gray and Russell. Nays:
Councilmembers St. Croix, Suinn and Wilkinson. (Councilman
Bowling out of room.)
THE MOTION WAS DEFEATED
Mayor Bloom declared the motion dead.
Councilwoman Gray requested clarification; "by not adopting
the Master Plan, are we cutting off any possibility of any
federal funding for the airport?"
' Administrative Assistant Susan Jones responded there was a
possibility.
Councilman Wilkinson made a motion, seconded by Councilwoman
Gray to reconsider the previous action. Yeas: Councilmembers
Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays:
None. (Councilman Bowling out of room.)
THE MOTION CARRIED
Councilman St. Croix made a motion, seconded by Councilwoman
Gray to table this item to the next regular meeting in order
to give Council adequate time to study. Yeas: Councilmembers
Bloom, St. Croix, Suinn and Wilkinson. Nays: Councilmembers
Gray and Russell. (Councilman Bowling out cf room.)
THE MOTION CARRIED
Airport Board Funding Tabled
to July 19, 1977
Following is the City Manager's memorandum and recommendation
on this item:
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356
"For some time the equitable distribution of funding for
the Fort Collins/Loveland Airport has been a point of con-
tention between Fort Collins and Loveland. The point on
which the two cities agree, however, concerns the fact
that realistically the Airport should be a County -owned
airport and not a City -owned airport.
In view of the above, the Administration recommends that:
1. Steps be taken to investigate the possibility
of County establishing an Airport District and
transferring ownership of the Airport to the
County.
2. Beginning in 1977 and continuing until the transfer
of ownership that contributions to the Airport from
Fort Collins and Loveland be made on a 50-50 split.
Based on our approved allocation, this would mean
that both Fort Collins and Loveland would contribute
$10,000 to the Airport in 1977.
3. That Council agree to commit funds for Capital
Improvements at the Airport to include runway and
taxiways. The sponsor's share of these improvements
would be split evenly between Fort Collins and
Loveland.
Recommendation: The Administration recommends that Council t
instruct staff and the Airport Board to actively pursue the
possibility of establishing an Airport district through the
County. Further, the Administration recommends that Council
endorse the capital improvements schedule attached (excluding
taxiway lights) and provide funding to the Airport on a
50-50 match basis with Loveland."
357 1
A
1
Beginning Fund Balance
Contributions:
Sponsor's Share
Federal ADAP
Total
Operating Revenue:
FORT COLLINS/LOVELAND AIRPORT
REVENUES - EXPENSES
1977-1981 (Estimate)
Estimate Estimate Estimate Estimate Estimate
1977 1978 1979 1980 1981
139,637 50,362 53,362 53,862 51,862
22,500 35,000 110,000 110,000 34,000
@90% 410,808 @90% 315,000 @80% 440,000 @80% 440,000 @80% 136,000
433,308 350,000 550,000 550,000 170,000
1% Adj. Gross Income 3,600 5,000 5,000 5,000 5,000
Fuel 18,000 22,000 22,000 22,000 22,000
Rent 6,000 6,000 7,000 7,000 7,000
Farm 6,000 6,000 8,000 8,000 8,000
Interest 6,000 2,000 2,000 2,000 2,000
County Tax 5,000 5,000 5,000 5,000 5,000
Landing & Misc. Fees 3,000 5,000 6,000 6,000 6,000
Total 47,600 51,000 55,000 55,000 55,000
Total Resources 620,545 451,362 658,362 658,862 276,862
01 ting Expenses:
Manager 8,000 12,000 14,000 16,000 16,000
Utilities 5,000 6,000 8,000 8,000 8,000
Maintenance 16,000 18,000 20,000 20,000 20,000
Miscellaneous 11,000 12,000 12,500 13,000 13,000
Total 40,000 48,000 54,500 57,000 57,000
Capital Improvements:
Apron/VASI/Lighting 497,808
No. Parallel Taxi -way 550,000
So. Parallel Taxi- 550,000
Runway Leveling Course 300,000
Taxiway Leveling Course 50,000
No. & Y Taxi -way Lights 110,000
So. Taxi -way Lights 60,000
Water Utility 32,175
Engineering 200
Total 530,183 350,000 550,000 550,000 170,000
Total Expenses 570,183 398,000 604,500 607,000 227,000
Ending Fund Balance 50,362 53,362 53,862 51,862 49,862
' 358
B (if more FAA funds become available)
FORT COLLINS/LOVELAND AIRPORT
REVENUES - EXPENSES
1977-1981 (Estimate)
Estimate Estimate Estimate Estimate Estimate
1977 1978 1979 1980 1981
Beginning Fund Balance 139,637 50,362 53,362 53,862 51,862
Contributions:
Sponsor's Share 22,500 90,000 110,000 34,000
Federal ADAP @90% 410,808 @90% 810,000 @80t 440,000 @80% 136,000 @80%
Total 433,308 900,000 550,000 170,000
Operating Revenue:
18 Adj. Gross Income 3,600 5,000 5,000 5,000 5,000
Fuel 18,000 22,000 22,000 22,000 22,000
Rent 6,000 6,000 7,000 7,000 7,000
Farm 6,000 6,000 8,000 8,000 8,000
Interest 6,000 2,000 2,000 2,000 2,000
County Tax 5,000 5,000 5,000 5,000 5,000
Landing & Misc. Fees 3,000 5,000 6,000 6,000 6,000
Total 47,600 51,000 55,000 55,000 55,000
Total Resources 620,545 1,001,362 658,362 278,862 106,862
Operating Expenses: '
Manager 8,000 12,000 14,000 16,000 16,000
Utilities 5,000 6,000 8,000 8,000 8,000
Maintenance 16,000 18,000 20,000 20,000 20,000
Miscellaneous 11,000 12,000 12,500 13,000 13,000
Total 40,000 48,000 54,500 57,000 57,000
Capital Improvements:
Apron/VASI/Lighting 497,808
No. Parallel Taxi -way 550,000
So. Parallel Taxi -way 550,000
Runway Leveling Course 300,000
Taxi -way Leveling Course 50,000
No. & Y Taxi -way Lights 110,000
So. Taxi -way Lights 60,000
Water Utility 32,175
Engineering 200
Total 530,183 900,000 550,000 170,000
Total Expenses 570,183 948,000 604,500 227,000 57,000
Ending Fund Balance 50,362 53,362 53,862 51,862 - 49,862
359 '
Councilmembers discussed various areas of the recommendation;
the safety aspects of the airport improvements and the vote
of the citizens which was held in 1963.
Councilman Wilkinson made a motion, seconded by Councilman
Suinn to table this item to July 19, 1977 and instruct the
administration to request that members of the Airport 3oard be
present. Yeas: Councilmembers Bloom, Gray, St. Croix,
Suinn and Wilkinson. Nays: None. (Councilmembers Russell
and Bowling out of room.)
THE MOTION CARRIED
Recommendation from Larimer County
Ad Hoc Committee on Transportation Reviewed
Interim City Manager Lanspery introduced Mr. Mathew J. Delich,
Transportation Planning Project Manager, who reviewed the
following "Recommendations of the Larimer County Ad Hoc
Committee on Transportation":
APPENDIX B
' Recommendations of the Larimer County
Ad Hoc Committee on Transportation
(As Amended by the Land Use & Transportation Committee 5/18/77)
The Larimer County ad hoc Committee on Transportation has held seven meetings
since October 1976. This committee was established by the Governing Board of the
Larimer-Weld COG and is now in a position to make the following recommendations for
the provision of transportation services in Larimer County.
1. We affirm that the elderly, handicapped, and low-income residents of
Larimer County should be provided transportation for their needs such as medical,
social services, nutrition, and shopping? In light of this, the following are
descriptions f cl_ierLts to be,sQrved by.special'zed transportation in the county:
' , wwra P
A. Handicapped: "Handicapped person" means any individual who by reason of
illness, injury, age, congenital malfunction, or other permanent or temporary
incapacity or disability, is unable without special facilities or special planning
or design to utilize mass transportation facilities and services as effectively as
persons who are not so affected. (This is the definition used by UMTA.)
B. Elderly: Any person 60 years of age or older (unless a specific funding
source provides for people over 55).
1
360
C. Low -Income: The Committee preferred not to suggest a standard but to
review work within the county on standarization of definitions, eligibility require-
ments, intake forms, etc., now being considered by the Interagency Council and the
Department of Human Development, with the hope that such standards will be usable
throughout the county in many different social service programs, including transportat�
D. Children: To qualify for public -supported transportation service, children
would need to fit into the categories of handicapped or low-income.
2. Steps should be taken immediately to provide CONTINUING (5/18/77 LU&TP mtg.)
local commitment of funds for operating expenses. A predominance of local funding
is necessary for local control and flexibility of service. The local funding should
be augmented by state and federal funds where and when available. A-m4:}-1ev}-9€-lese
lhen-ene-mid-#e-reeemmendedT-bnp-a-sees-fax-s-aneEker-pass}b#��yr (5/18/77 LU&TP
mtg.) This decision will have to be made by the local elected officials.
3. Transportation services should be coordinated and administered in two phases:
Phase A: A transportation clearinghouse should be established with the purposes
of establishing inter -community transportation as described in recommendation 6,
allocating the responsibility of providing transportation, avoiding duplication of
efforts, dealing with new requests for service or start-up of systems, coordinating
expansion into new geographic or service category areas, and implementing the
recommendations contained herein. The clearinghouse should consist of a coordinator
(a COG staff member) and representatives of the County, the Cities, and the private
transportation providers. The clearinghouse should continue monitoring and date
collection, with the purpose of gaining a better understanding of transportation
needs in Larimer County and finding tht; best method for establishing Phase B. t .
Phase B: This phase should provide RECOMMENDATIONS TO APPROPRIATE POLITICAL
BODIES (5/18/77 LU&TP mtg.) for a permanent commitment to public transportation
(whether publicly or privately owned), based on analysis provided in Phase A, and
coordinate specialized transportation with public transportation for the general
public. This may include establishment of a county -wide Public Transportation
Department or Agency.
4. Concerning transportation carriers for the general public in Larimer County,
Transfort (City of Fort Collins) and Continental Trailways, the Committee feels
that they (particularly Transfort) could take some of the burden off specialized
transportation by being more accessible to people through route and schedule signs
at bus stops, in stores, businesses, and other public places. People who are physically
able and have reasonable access to these two systems should be encouraged to use
public transportation to satisfy their particular transportation demands.
5. The City of Fort Collins, through the City Council, should be encouraged
to increase Transfort's level of service in order to make it more accessible to all
the citizens of Fort Collins. This can be done by reducing the length of time (headway)
between buses on each route, which influences trip length and waiting time for the
rider; increasing route coverage, which determines how far riders have to walk between
bus routes and their origins and destinations; and reducing bus travel time with
appropriate techniques, to reduce riders' overall trip time.
361 1
6. Specialized transportation service should be provided to Berthoud, Loveland,
Fort Collins, Estes Park, Big Thompson Canyon, LaPorte, Bellevue, and Wellington;
at a routing and frequency determined by need. The Committee prefers to make no
recommendation on service to Poudre or Rist Canyons, as the need for service there
still needs to be demonstrated. In some cases, the needs of the people and trip
lengths may require going out of the County, such as transporting Berthoud residents
to doctors in Longmont. Provision of these services and the subsidy thereof should
be determined by the transportation clearinghouse.
7. Arrangements should be made with private carriers so that if a client cannot
be served by the public system in an emergency and cannot pay the fare, the local
government will subsidize the fare.
8. In order to reduce the need for a large back-up fleet of vehicles and since
it is very unlikely that many of the in-service vehicles will. go down at the same
time, cooperative agreements for back-up vehicles should be established between
transportation agencies.
9. In order to contribute to operating revenues and encourage a feeling of
responsibility among clients, consistent with state and federal funding and operation
requirements, a fare system should be established with an anonymous system for those
who cannot pay.
10. In order to reduce transportation and save energy, food stamp and other
social service programs should be available in communities where warranted by the
' number of clients.
11. In order to conserve energy and to save all taxpayers money, social service
organizations should educate those persons without transportation about the added
costs of locating far from needed services.
Council reviewed the recommendations but took no action on
this item and decided instead to set this for a future work
session.
Planning Figure Set for Funds for Larimer
Human Resources Board
Following is the City Manager's memorandum and recommendation
on this item:
"At the June 28, 1977, work session, the City Council received
a report from the Larimer Human Resources Board. This Board
consists of three members from each of the Cities of Fort Collins
and Loveland and Larimer County. In 1976, the City Council
designated the Fort Collins Human Relations Commission to have
three members serve in this capacity. It is helpful in the
evaluation sessions if the various board members can have a
tentative commitment from the three governmental jurisdictions
362
with regard to their next year's commitment. Ben Napheys,
a member of our local Human Relations Commission and Vice
Chairman of the Larimer Human Resources Board, made a
presentation and request for each of the governmental
jurisdictions to increase their 1978 allotment by 10%
over 1977. This would make Fort Collins' contribution
$93,500.
Recommendation: The City Administration recommends that
the City Council tentatively allocate the $93,500 from
Revenue Sharing through the Human Resources Department
for the 1978 social service agency contracts. The
Administration further recommends that the Larimer
Human Resources Board set a priority on the various
projects in case the City of Fort Collins or other
governmental jurisdictions have to cut back part of
their 1978 commitment."
Acting City Manager Lanspery stated the $93,500 is a
recommended planning figure. Human Resources Director
John McGraw spoke to the Human Resources Board's time-
table for making funding requests.
Councilman Suinn made a motion, seconded by Councilwoman
Gray that City Council set a planning figure of $85,000 for
Human Resources for the year 1978. Yeas: Councilmembers
Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. '
Nays: None. (Councilman Russell out of room.)
THE MOTION CARRIED
Report on Section 8 Coachlight
Housine Pro'iect
Following is the City Manager's memorandum and recommendation
on this item:
"At the June 28, 1977, Council meeting the City Council
reviewed the proposed Coachlight Section 8 Housing Project.
It is not mandatory, but the City is invited to make comments
on private Section 8 housing. This housing project is
located on the south side of Prospect Street directly south
of Riverside Avenue extended. The City Council expressed
concern in the following three areas.
1. The adverse effect of the concentration of 48
units at one location. The City has with its
public housing attempted to have housing on
scattered sites with no more than 10 or 12 in
one location.
363 I
1
1
1
2. The concern over design, construction and
appearance of the various Federally -supported
housing projects. Several of the projects
that have been constructed to date do not add
aesthetically to the neighborhood or to the
City as a whole.
3. The desire to have the subsidized housing
constructed on a non-profit basis.
Enclosed is a draft letter that was prepared by Jim Woods,
our Housing Rehabilitation Director, with regard to this
subject. If the Council concurs, it.is recommended that
they officially or tacitly authorize the Mayor to sign
and send this letter to the Department of Housing and
Urban Development.
At the present time, the City of Fort Collins is embarking
on a 701 Housing Study. It is hoped that this study will
involve reviewing the entire housing situation, indicating
the needs, and making alternate recommendations. It is
necessary that the City Council give more direction on
how they want the staff and other groups in the City to
proceed with the various public and subsidized housing
units. These issues include such things as (1) location,
(2) concentration of units, (3) overall design and develop-
ment, and (4) the future involvement of the City in
providing low-income housing. Of equal importance is for
the City again to address the issue of the possible adoption
of a Housing Code.
Recommendation: The Administration recommends that the
City ounce approve the letter as submitted or amended,
and then authorize the Mayor to send this letter to the
Department of Housing and Urban Development on behalf of
the City."
Jim Woods, Housing Rehabilitation Director, spoke to the
proposed letter. Council took no formal action on this
item; the Mayor and the Housing Rehabilitation Director
will amend the letter based on Council's concerns; and
submit it to HUD.
Report on Village West 9th Filing Subdivision
Following is the City Manager's memorandum and recommendation
on this item:
"Mr. Arthur E. March, Jr., our City Attorney, attended a
meeting of the property owners in the area of the proposed
Village West 9th Filing Subdivision. Due to unfortunate
364
circumstances, no other staff person could be present at this
meeting. Mr. Bill Bartran, the proposed developer of this
subdivision, was also present, along with a substantial
number of property owners. Mr. Bartran explained the
proposed plan in some detail and a lengthy question and
answer session followed his explanation. No agreement was
reached at the meeting, nor was it anticipated that an
agreement would be made. Towards the close of the meeting
a substantial number of the property owners who attended
expressed their continued opposition to the proposed deve-
lopment. On the other hand, it appeared that some of the
property owners expressed their general approval.
It was our understanding that when the attorney and the
various property owners appeared during the general citizens'
portion of the June 21st, 1977, meeting that a report would
be brought back to the City Council at the July 5th meeting.
Again, according to our City Attorney, it is his opinion
that the Council has granted the variances at an earlier
meeting in so far as the variances apply to the subdivision
requirements. The preliminary plan was also approved. It
will be necessary for the developer to apply for variances
before the Zoning Board of Appeals. .After the necessary
engineering work has been done and the refinements to the
preliminary plan made, this zoning variance petition will
be presented. There should be ample time for the Zoning
Board of Appeals and the City Council to discuss and '
review this matter.
It is hoped that the City of Fort Collins will work on
various amendments to the subdivision ordinance. We have
put off doing this in the hope of completely rewriting the
subdivision ordinance. It is my feeling that the various
amendments should be adopted at this time and the overall
subdivision ordinance be codified and be adopted at a
later date.
Mr. Art March will give a more detailed report on this
subject at the Council meeting.
Recommendation: The Administration recommends that the
Council give direction to the Administration if they want
to proceed any further on this matter. Under normal cir-
cumstances, this matter would be brought back to the
variousboards including the Building Board of Appeals,
the Planning and Zoning Board and the City Council at the
appropriate time for additional approvals."
365
1
City Attorney March stated as indicated there was a meeting
held and from talking with Attorney Hiller (representing
' the protestants) the people in the area have requested that
this matter be considered again by the Planning and Zoning
Board from the standpoint of preliminary plat approval;
therefore, he suggested Council consider referring this
back to the Planning and Zoning Board at their August
meeting.
Councilmembers inquired into what would be accomplished if
the preliminary plat were referred back to the Planning and
Zoning Board.
Also addressing the issue were:
(a) Attorney Robert Hiller
(b) William Bartran, Developer
(c) Wendy Johnson, 1828 Manchester Drive.
City Attorney March stated that assuming there is plat approval
and the design is okay from a subdivision standpoint, on a
preliminary basis, the developer would have to go to the
Zoning Board of Appeals and obtain variances on setbacks,
then the final plat, complete with utility drawings, street
layouts, water lines, etc., which would then go to the staff,
then the Planning and Zoning Board and then to the Council.
Councilmembers considered the possibility of reconsidering
their previous action, or setting a time in which new
evidence might be heard and reconsideration decided at that
time.
Councilman Bowling made a motion, seconded by Councilman
Wilkinson that Council establish a time on the next agenda
to hear arguments whether or not to reconsider the action
taken concerning the variances that were taken and direct
the City Manager to set up meetings between the developer,
the staff, the design architects and the residents prior
to the next meeting. Yeas: Councilmembers Bloom, Bowling,
Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Citizen Participation
(a) Mr. Bob Everitt inquired into Ordinance No. 79, 1977
which was denied by the Council; and requested that Council
reconsider its action and refer the matter back to the
Planning and Zoning Board. He further stated the owners
would like to request that only a portion of the 37k acres
be zoned industrial and the remainder be planned residential.
366
City Attorney March stated the ordinance was denied and
the ten day period has lapsed, therefore, there is no
zoning on the land and Council could start all over again, I
Council could send the item back to the Planning and
Zoning Board for a recommendation.
Councilman Wilkinson made a motion, seconded by Councilman
Bowling to refer this item back to the Planning and Zoning
Board for recommendations for zoning on that land. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
(b) Mr. Chuck Robinson, 319 South Grant, requested that
Council consider repealing the provision which allows block
parties.
Police Chief Ralph Smith responded that the parade permits
are given with stipulations and if the permits were not
allowed, parties would be held without any stipulations.
When disturbances are reported tickets will be issued if
there is not compliance.
No further action taken on this item.
Report from City Manager '
(a) Acting City Manager Lanspery reported that the bid
opening date for the carpentry contract for the Downtown
Project had been extended from June 30 to July 8 due to
inadequate submissions.
(b) Former City Manager Brunton had signed a lease with the
University of Colorado for the old missile site for $1.00
per year to be used for off site storage.
(c) Jim Harmon, Internal Auditor, had reported for duty today
Report from City Council Members
on Committees
(a) Councilman Wilkinson presented the agenda for Poudre R-1,
which contains information on the increased tax levy which
goes directly to the State Board of Education and not the
local school district.
(b) Councilman Suinn reported the 208 Subcommittee of the
COG is having a work session on Thursday and recommended that
Roger Krempel and other consulting firm members be invited.
367
(c) Councilman Russell reported the PRPA Board had met and
had held a hearing on the plant site.
' (d) Councilwoman Gray reported the Public Safety Steering
Committee of the National League of Cities will be meeting
again and reported on the proposed goal regarding LEAA.
funding.
(e) Councilman Suinn stated the City Manager from Littleton
has established priority listings for programs which were
considered at the Colorado Municipal League meeting and
requested a copy of that listing.
(f) Councilman Bowling reported that Denver had passed
their rehabilitation code and requested a copy.
(g) Councilman Wilkinson also requested that the firm
of Rohenkamp, Sachs, Wells and Associates be requested to
make a presentation to the Council --- especially in the
planning area.
(h) Mayor Bloom reported that 101 applications had been
received. Executive sessions starting July 11, 1977 will
be scheduled to make a selection of a new City Manager.
' Ordinance Adopted on First Reading
Amending Occupational Tax for Mountain Bell
Councilman Bowling made a motion, seconded by Councilman
Suinn to remove this item from the table for consideration.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix, Suinn and Wilkinson. Nays: None. .
THE MOTION CARRIED
City Attorney March stated the proposed ordinance changes
the figures from $90,000 to $100,000.
City Clerk Verna Lewis read the ordinance at length.
Councilman Wilkinson made a motion, seconded by Councilman
Bowling to adopt Ordinance No. 90, 1977 on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
1 368
Prebudget Meeting on Light and Power
Department for 1978 Budget
Following is the City Manager's memorandum and recommendation I
on this item:
"Because of time constraints, the City Council had to defer
any action on the pre -budget meeting with the Light and
Power Department at its June 28th, 1977, work session. Of
particular concern to the Council has been the level of reserve
balances in the various funds. It is important that the
personnel in the Light and Power Department and on the City's
Budget Committee discuss this matter with the City Council
as soon as possible. The preparation of the 1978 Budget and
the first reviews of the possible 1978 electrical rate
increase are now in progress. The sooner the staff receives
final direction from the Council, the easier it will be to
put the budget and rate study material together.
Enclosed is a copy of the background material prepared by
our Light and Power Department personnel on this subject.
It is hoped that the Council can spend 45 minutes to one
hour with the Light and Power personnel and the City Budget
Committee personnel on this subject.
Recommendation: The Administration recommends that the
City Council review the existing procedures on the 1978 Budget '
with special attention to the reserve balances and give the
staff direction on how to proceed in future years."
Director of Utilities Stan Case and Senior Engineer Bob Kost
made the presentation and responded to Council questions on
the proposed budget.
Mayor Bloom stated this item would again be discussed at a
future work session.
Larimer County COG Rawhide
Energy Issue Reviewed
Following is the City Manager's memorandum on this item:
"We originally scheduled a brief discussion on the Rawhide
Energy Issue for the June 28, 1977, work session. However,
because of the shortage of time, this matter was delayed
until the July 5, 1977, meeting. Representatives of the
Larimer-Weld COG will be present to discuss this issue."
Councilman Bowling introduced Ms. Barbara Krebs who has
chaired the needs section of the Platte River Study Committee.
He then excused himself as he will have to vote on this
issue when it comes before the COG.
369
Ms. Krebs inquired if Council was planning anything
regarding the demand for power and also into conserva-
tion measures.
Councilwoman Gray responded the City does not have a
formal energy policy.
Eastborough Subdivision, Final Plat
Approved
Following is the City Manager's memorandum on this item:
"Eastborough Subdivision is located on the east side of
Lemay Avenue south of Drake Road. The Plat consists of
157 single-family lots on 46.1 acres zoned R-P, Planned
Residential District, and R-L-P, Low Density Planned
Residential District. The overall density is 3.4 units
per acre.
At the June 13, 1977, meeting, the Planning and Zoning
Board voted unanimously to recommend approval of this
Final Plat subject to the following conditions:
1. The development of Lemay Avenue along the Subdivision
should occur in conjunction with the improvement
district construction of Lemay taking place to the
north and south.
2. A plan for the bike and pedestrian walk along Lemay
with attendant low maintenance landscaping should
be submitted.
3. "Oxford Lane" is a street name duplication and should
be changed.
4. Maintenance access to the detention area at the
northeast corner of the site should be provided.
The above conditions have been agreed to or met as appropriate.
The utility plans have been approved by our Engineering
Services Department."
Councilman St. Croix made a motion, seconded by Councilman
Russell to approve the Eastborough Subdivision.Final Plat.
Yeas: Councilmembers Bloom, Bowling, Russell, St. Croix
and Suinn. Nays: None. (Councilmembers Gray and Wilkinson
out of room.)
THE MOTION CARRIED
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Landings PUD, Final Plat and Plans
Approved
Following is the City Manager's memorandum on this item:
"The Landings P.U.D. is located south of Horsetooth Road and
west of Warren Lake and consists of 49 single-family lots
and 20 multi -family units on 29.2 acres zoned R-P, Planned
Residential District, and R-L-P, Low Density Planned Residen-
tial District. The overall density is 1.85 units per acre.
This is a proposal for zero lot line cluster single family
and large lot single family development located at the west
end of Warren Lake.
The Planning and Zoning Board recommended for conditional
approval subject to the developer making changes in the
final plat. The final plat has been submitted and the
various conditions met. The utility plans have been approved
by the City staff."
Planning Director Les Kaplan clarified the utility plans had
not been approved as yet.
Councilman Russell made a motion, seconded by Councilwoman
Gray to approve the Landings P.U.D., Final Plat and Plans,
subject to approval of the utility plans. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix and Suinn. ,
Nays: None. (Councilman Wilkinson out of room.)
THE MOTION CARRIED
Ordinance Tabled on First Reading
Relating to Open Meetings of the Human
Relations Commission
Following is the City Manager's memorandum on this item:
"At the present time all meetings of the City Council shall
be open to the public in accordance with the requirements of
the Charter of the City of Fort Collins. Also, all meetings
of boards of the City at which any formal action is taken by
such board shall be open to the public at all times. At
present, the only exceptions to this are for the Water Board,
Personnel Board, and Building and Contractor's Licensing
Board who may have a closed meeting if such is in the best
interest of the City or the public, or if an individual
would be affected by the action of such board.
371
I
For some time we have been working on a new Police
Grievance Procedure. It has been my feeling and the
prevailing feeling in the Police Department that we do
not want or need a Police Citizen Review Board. Grievances
against members of the Police Department should be handled
as an internal administrative manner; however, it is
important that the person with a grievance feel that they
will have a fair hearing and review of the complaint
review procedure and also working with a citizen committee
and the Human Relations Commission for additional review
into the process. Most of us feel the present regulations
are good compromises in this entire situation. The Regu-
lations continue the internal review procedure but also
assure that there is some review so there is hopefully no
possible "white -washing." In some cases, the Human Relations
Commission which will be the review body only, might find
it necessary to hold closed meetings to safeguard individuals.
Therefore, this ordinance provides that the Human Relations
Commission is included in that small group of Boards that
may hold closed meetings."
Assistant City Attorney Liley stated this item should be
considered with the next item which is the Administrative
Rules and Regulations. Mayor Bloom requested Council
consider The Police Grievance Procedure; the flow chart
is as follows:
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COMPLAINT PROCEDURE
STEP 1: Official Complaint should be filed within 30 (45) days of the Incident, unless
good cause for delay.
STEP 2: Complaint received in Police Department either by:
a) Complainant caning in to Police Department and signing a formal complaint
with signature witnessed by Investigator; or
b) Complainant filling out and signing a formal complaint, having signatures
notarized and bringiing in the form to the Police Department.
STEP 4: Investigation by designated Investigator STEP 3: Copy of Complaint sent to:
a) City Manager
b) Division Chief
c) Human Relations Commission -
if It s0 desires
d) Officer(s)
- - j STEP 4A: If investigation is not complete within 3 weeks of receipt of
Complaint, Investigator shall send status report to:
a) Chief
b) City Manager
t Complainant
d) Officer(s)
STEP 5: When investigation is completed, report sent to:
a) Chief
b Human Relations [omission --If It so desfres
c) Complaf.nant d) Offfcn_r(s)
STEP 5A: Complainant shall have the right to -)STEP 56: Officer shall have the right to
address Human Relations Commission address Police Review Committee
regarding accuracy and sufficiency regarding accuracy and sufficiency
of report. Human Relations Commission of report. Police Review Committee
shall have 15 days from receipt of shall have 15 days from receipt of
report to review report, talk with report to review report, talk with
Complainant and/or Investigator Complainant and/or Investigator
and make written comments to Chief. and make written convents to Chief. 1
STEP 6: Chief shall review report and make written findings regarding the complaint. Unless
I� thief finds Complaint to be without validity, he shall send findings to the Division
Chief of officer involved for review and recommendations as to disciplinary action.
\ - -) STEP 6A: Division Chief reviews report and findings and makes
recommendations to Chief on disciplinary action.
STEP 7: Chief shall take appropriate disciplinary action and send copies of the findings
plus any disciplinary action to following:
a) City Manager
b) Complainant
c) Division Chief
d) Human Relations Commission
e) Officer(s)
(f) Police Review Camittee)
STEP 8: Complainant may, within 15 days from date -)STEP 8B: Officer may appeal decision to
i notice of findings sent, appeal to Chief Chief through City Grievance
to have Investigation reopened and/or Procedure.
the findings revised. Copies of Chief's I
decision sent to Complainant and to Officer. i
1k ,
STEP 9: Complainant, within 15 days from date STEP 98: Officer v may appeal final
I notice of Chief's decision sent, may decision rendered through the
appeal to City Manager, if dissatisfied Grievance Procedure to the
y with action or inaction taken by Chief. judicial system.
STEP 10: Complainant may pursue whatever remedies - z
he may have in the judicial system.
373 1
Councilmembers in turn expressed opinions regarding the need,
or lack of need, for Human Relations Commission involvement
and the point in time when they would be involved; thereafter,
it was referred back to the committee which had compiled the
procedure.
Councilman Bowling made a motion, seconded by Councilman
Wilkinson to table the hearing and first reading of Ordinance
No. 88, 1977. Yeas: Councilmembers Bloom, Bowling, St. Croix,
Suinn and Wilkinson. Nays: Councilwoman Gray. (Councilman
Russell out of room.)
THE MOTION CARRIED
Extending Utilities to Lindenmeier Subdivision
Referred to Administration
Following is the City Manager's memorandum and recommendation
on this item:
"On Wednesday, June 29th, we were informed of a problem or
possible problem in connection with the development of
Mr. William F. Vigor's property. Mr. Vigor is the developer
of the Lindenmeier Subdivision. This subdivision consists
of 17 lots which are directly south of Lindenwood Estates
and Lindenmeier Lake. Mr. Vigor was proceeding on the basis
of receiving his water from East Larimer County Water District,
the sewer from Cherry Hills Sanitation District, and the
electricity from Public Service Company. The plat prepared
by James H. Stewart supports this procedure. All the approvals
have been made through Larimer County in the various subdivisions
and agencies in the County. Mr. Vessey, the manager of the
Cherry Hills Sanitation District sign the sewer extension
on June 29th. Unfortunately, this sewer service is on the
part of the line that was acquired by the City on February 28,
1975. Mr. Vigor, therefore, apparently comes under the
jurisdiction of the City's utility extension regulations.
Mr. Vigor would like to have all these services provided by
the agencies that he has been negotiating with; however, in
accordance with Ordinance No. 96, 1972, Mr. Vigor, for the
privilege of receiving one utility service from the City must
agree to take all utility services from the City if and when
they are available and must also agree to annex to the City
when annexation is possible. (In all probability, this property
will be eligible for annexation in the latter part of this
year or the first part of next year.) The only group that
can make exception to our utility extension policy is the
City Council.
374
Because of the pressing problem and dilemma of Mr. Vigor,
we are canvassing the Water Board to obtain their approval
of the extending of our utility services.
It would seem.to me that Mr. Vigor ought to have permission
to connect onto our water and our sewer facilities at the
present time subject to all of the rules and regulations
of the City. When the property is annexed, he should make
provisions to connect onto the City's electric utility and
also annex to the City. Mr. Roy Bingman, Director of
Engineering Services, who is conversant with this subject
will give a more detailed report on this matter at the
July 5th meeting.
Recommendation: The Administration recommends that the
City grant sewer and water to Mr. Vigor's Lindenmeier
Subdivision in accordance with the agreements of Ordinance
No. 96, 1972."
City Attorney March gave an oral report and Mr. Vigor then
spoke to his request, and the financial hardship connected
with having to receive City approval at this late date.
City Attorney March then reported he felt it would be feasible
to structure an agreement which would require water service
from the City and require electric service from the City when '
the property annexes to the City and require annexation to
the City at a predetermined advance date; then the subdivision
approval could be made in the County and when it came into
the City it would be an approved subdivision.
Mr. Vigor indicated he would not object to annnexation when
eligible.
Director of Water and Sewer Utilities Roger Krempel reported
six members of the Water Board had been polled and had
concurred with the recommendation of the administration.
Councilman Suinn made a motion, seconded by Councilwoman
Gray to direct the administration to pursue providing
sanitary sewer service to this property, under an agreement
requiring annexation when eligible and requiring conversion
to the City electric utility and the provision for that as
required by the extension ordinance. Yeas: Councilmembers
Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson.
Nays: None. (Councilman Russell out of room.)
THE MOTION CARRIED
375 1
Transfer of Land in Downtown Redevelopment
Program Withdrawn From Agenda
Mayor Bloom stated this item has been withdrawn from the
agenda by request.
Funding for Community Education Program
Approved
Following is the City Manager's memorandum and recommendation
on this item:
"'Ihe City Council has received extensive material on the
Community Education Program. This Program is a joint effort
of the City of Fort Collins, Poudre School District R-1,
and Larimer County. The Community Education Board has been
receiving additional funds through various federal grants.
Cynthia Shelton, Director of the Community Education Center,
appeared before the Council on June 28, 1977. She talked
about community education in general, the 1978 proposed
budget, and the problem of funding their minimum programs
for the remainder of 1977. If federal funds are not forth-
coming, they will have drastic cutbacks in their present
programs and only a minimum amount of programming. To
maintain a minimum program for the remaining part of 1977
(August 1 through December 31, 1977) will require $9,986.
It would be unfortunate to discontinue this program which
has gotten off to such a good start. Apparently Poudre R-1
is in no position to fund any portion of this additional
needed revenue. Community Education has made a similar
request for funding to the County. To date no decision has
been made regarding this request.
Subject to Council approval, the City has the ability through
Revenue Sharing to provide this extra revenue for the
remainder of 1977. Of equal importance is the future of
the entire Community Education Program. It has been proven
that the Community Education Center and Program are an
extremely valuable addition and amenity to the community.
The main question is who should fund these facilities.
It is our suggestion that the Community Education Board,
especially the three representatives from the City of Fort
Collins, and the Larimer Human Resources Board both address
this major problem and come up with some recommendations by
the end of August.
At the present time there are ample surplus funds in our
Revenue Sharing Fund. When we initially established the
1977 budget in the summer of 1976, we anticipated receiving
$700,000 in Revenue Sharing Funds for 1977; it is now
estimated we will receive 0,000. Also, with initial
376
revenue and expenditures, a surplus of $113,428 was put
in under expenditures for appropriation for flexibility
purposes. If we only expend actual budgeted expenditures
excluding the reserve and if the revenue comes in as
rojected, we will have an ending fund balance of
473,378.
Recommendation: The Administration recommends that the
City Council approve an additional allocation to the
Community Education Board for $9,986 for the period of
August 1 through December 31, 1977. This money should
be transferred providing the Community Education Board
does not receive additional federal funding in the meantime.
Also, the Administration recommends that the Community
Education Board and the Larimer Human Resources Board
study the entire issue of community education; namely,
who should pay the costs of this type of program on a
sustaining basis."
Councilwoman Gray made a motion, seconded by Councilman
Bowling to adopt the recommendation of the administration.
Yeas: Councilmembers Bowling, Gray, St. Croix, Suinn and
Wilkinson. Nays: Councilman Bloom. (Councilman Russell
out of room.)
THE MOTION CARRIED
Other Business I
Mayor Bloom stated Council would act on appointments to
the Housing Authority.
Councilman Bowling made a motion, seconded by Councilman
St. Croix to appoint Raymond S. Hale, Kenneth Franzen
and Charles F. Muenzberg to the Housing Authority. Yeas:
Councilmembers Bloom, Bowling, St. Croix and Suinn. Nays
Councilmembers Gray and Wilkinson.
THE MOTION CARRIED
This item will be back on the Council agenda in the form
of a resolution on July 19, 1977.
Resolution Adopted Re -Appointing
John J. Tobin as Municipal Judge
City Clerk Verna Lewis read the resolution by title.
377 1
7'
Councilman Wilkinson made a motion, seconded by Councilman
St. Croix to adopt the resolution. Yeas: Councilmembers
Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson.
Nays: None. (Councilman Russell out of room.)
THE MOTION CARRIED
RESOLUTION 77-46
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING JOHN J. TOBIN AS MUNICIPAL JUDGE
WHEREAS, Article XIV of the Charter of the City of Fort Collins
requires that the City Council appoint a Municipal Judge for a two-year
term; and
WHEREAS, effective July 1, 1975, Judge Tobin assumed the
position of Municipal Judge on a full-time basis; and
WHEREAS, the City Council desires to re -appoint him as Municipal
Judge for a two-year term.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that John J. Tobin be, and he hereby is, appointed as Municipal Judge
of the City of Fort Collins for a two-year term beginning July 1, 1977.
Passed and adopted at a regular meeting of the City Council held
this 5th day of July, A.D. 1977.
ATTEST:
�l
C/L—)
City Clerk
378
Agreement with Falcon Air, Ltd.
to Conduct an Air Show Approved
City Attorney March stated an agreement for the air show
had been approved on March 15, 1977; the sponsors are
different at this time.
Following is the City Manager's memorandum of March 15:
"The Airport Board recently recieved a request from the
American Office Equipment Company to hold an air show at
our Fort Collins -Loveland Airport July 6-10, 1977. It
is anticipated that the Navy's precision jet team, the
Blue Angels, will be featured. All proceeds will be
donated to the American Cancer Society and the Big
Thompson Flood Relief, two very worthy causes. We
understand that this program is also being sponsored by
both the Fort Collins and Loveland Junior Chambers of
Commerce."
Councilwoman Gray made a motion, seconded by Councilman
St. Croix to authorize an agreement for the air show with
Falcon Air, Ltd. along the lines of the previous agreement
and authorize the Mayor and City Clerk to execute the
agreement on behalf of the City. Yeas: Councilmembers
Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson.
Nays: None. (Councilman Russell out of room.)
THE MOTION CARRIED
Executive Sessions Scheduled for
Selection of City Manager
Mayor Bloom requested July 11, 12, 13, 14, and 15th be set
as the dates to review the City Manager applications.
Councilman St. Croix
Gray to set July 11,
sessions at 7:00 p.m.
City Manager. Yeas:
St. Croix, Suinn and
Russell out of room.)
THE MOTION CARRIED
made a motion, seconded by Councilwoman
12, 13, 14, and 15th for executive
for the purpose of selection of. a
Councilmembers Bloom, Bowling, Gray,
Wilkinson. Nays: None. .(Councilman
379
1
Edited Version of Goals
and Objectives Distributed
Acting City Manager Lanspery distributed the edited comments
on the Goals and Objectives.
Mayor Bloom requested this item be scheduled for a work
session in August.
Adjournment
Mayor Bloom declared the meeting adjourned at 12:20 a.m.
' ATTEST:
Ci y C er
1 380