HomeMy WebLinkAboutMINUTES-09/20/1977-RegularSeptember 20, 1977
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council - 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, September 20, 1977 at 5:30 p.m. in the
Council Chambers in the City of Fort Collins City Hall. Roll
call was answered by the following Councilmembers: Bloom,
Bowling, Gray, Russell, Suinn and Wilkinson.
Absent: None. (Secretary's Note: Councilman St. Croix arrived
at 5:35 p.m.)
Staff Members Present: Lanspery, Krempel, Bingman, Wood, Smith,
Kaplan, Lewis, Liley, and Sanfilippo.
Also: City Attorney Arthur March, Jr.
Minutes of the Adjourned Meeting of
August 23, 1977 and the Regular Meeting
September 6. 1977 ADDrbved as Publishe
Councilwoman Gray made a motion, seconded by Councilman Suinn to
approve the minutes of the adjourned meeting of August 23, 1977
and the regular meeting of September 6, 1977 as published.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and
Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted on Second Reading Zoning
the Timberline-Horsetooth Annexation
Following is the City Manager's memorandum on this item:
"This Ordinance zones the Timberline-Horsetooth Annexation which
consists of 36 acres. At the September 6, 1977, Council meeting
the Ordinance was amended to zone the west 529.27 feet of the
Annexation as measured parallel to the west line of the annexa-
tion in the R-H, High Denisty Residential District, and the
remainder of the annexation in the T-Transition District. As
amended, the ordinance was adopted on first reading.
120
September 20, 1977
Councilman Russell made a motion, seconded
to adopt Ordinance No. 98, 1977 on second
members Bloom, Bowling, Gray, Russell and
man Suinn.
THE MOTION CARRIED
by Councilman Wilkinson
reading. Yeas: Council -
Wilkinson. Nays: Council- '
ORDINANCE NO. 98 , 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 TIMBERLINE-HORSETOOTH
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 placing the property
known as the Timberline-Horsetooth Annexation to the City of
Fort Collins, Colorado in zoning districts under the zoning
ordinance as follows:
The [Jest 529.27 feet of said annexation as measured '
parallel to the West line of said annexation, in the
R-H, High Density Residential district, and
The remainder of said annexation in the T, Transition
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 6th day of September, A.D. 1977, and
to be presented for final passage on the 20th day of September
A.D. 1977.
ATTEST• Mayor \
City Clerk
121 1
September 20, 1977
' Passed and adopted on final reading this 20th day of
September, A.D. 1977.
ATTEST:
May
City Clerk
First Reading: September 6, 1977
Second Reading: September 20, 1977
Dates Published: September 11, 1977
Attest:
ity Clerk
(Vote: Yeas: 5, Nays: n)
(Vote: Yeas: 5, Nays: 1)
and September 25, 1977
Ordinance Adopted on Second Reading Zoning
the Landings First Annexation
Following is the City Manager's memorandum on this item:
"This Ordinance zones 167.8 acres located south of Warren Lake
and west of Lemay Avenue R-L-P, Low Density Planned Residential
District, and was adopted on first reading at the September 6,
1977, Council meeting."
Councilman Wilkinson made a motion, seconded by Councilwoman Gray
to adopt Ordinance No. 107, 1977 on second reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays:
None.
THE MOTION CARRIED
122
September 20, 1977
ORDINANCE NO. 107 , 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 LANDINGS FIRST 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 the property known as the Landings
First Annexation to the City of Fort Collins, Colorado, in the R-L-P,
Low Density Planned Residential 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 6th day of September, A.D. 1977, and to be
presented for final passage on the 20th day of September A.D. 1977.
Mayor '
ATTEST:
City Clerk
Passed and adopted on final reading this
A.D. 1977.
ATTEST:
City Clerk
123
20th day of September
September 20, 1977
First Reading: September 6, 1977
' Second Reading: September 20, 1977
Dates Published: September.11, 1977
Attest: 7
City ClerlF
(Vote: Yeas: 5, Nays: 0)
(Vote: Yeas: 6, Nays: 0)
and September 25, 1977
Ordinance Adopted on Second Reading Zoning
the Harmony Second Annexation
Following is the City Manager's memorandum on this item:
"This Ordinance zones the Harmony Second Annexation consisting of
69.2 acres R-P, Planned Residential District, with the under-
standing, that the plans for development of this property would
be approved at less than the maximum density allowable for this
zoning district. The Ordinance was adopted on first reading at
the September 6, 1977, Council meeting."
Councilman Suinn made a
to adopt Ordinance No.
members Bloom, Bowling,
' Nays: None,
THE MOTION CARRIED
motion, seconded by Councilman Wilkinson
108, 1977 on second reading. Yeas: Council-
Gray. Russell. Suinn and Wilkinson.
ORDINANCE NO. 108 , 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 HARMONY SECOND 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 the property known as the Harmony
Second Annexation to the City of Fort Collins, Colorado, in the
R-P, Planned Residential district.
Section 2. The City Engineer is hereby authorized and directed
to amend said Zoning District Map in accordance with this ordinance.
1 124
September 20, 1977
Introduced, considered favorably on first reading, and ordered
published this 6th day of September, A.D. 1977, and to be presented
Passed and adopted on final reading this
A D 1977
Mayor
ATTEST:
Z��L — - —d -./ /� I ,
'City CTerk
First Reading: September 6, 1977
Second Reading: September 20, 1977
Dates Published: September 11, 1977
Attest:-r �y
City Cler
20th day of September
(Vote: Yeas: 5, Nays: 0)
(Vote: Yeas: 6, Nays: 0)
and September 25, 1977
Ordinance Adopted on Second Reading
Increasing the In Lieu of Water Rights Payment
Following is the City Manager's memorandum on this item:
"At the September 6, 1977, Council meeting, the Council adopted
this Ordinance on first reading.
This ordinance changes the in lieu of water right payment from
$800 to $1,000 per acre foot based on a report and recommendations
from the staff.
125
September 20, 1977
Councilman Suinn made a motion, seconded by Councilman Bowling
' to adopt Ordinance No. 110, 1977 on second reading. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn
and Wilkinson. Nays: None.
THE MOTION CARRIED
ORDINANCE NO. 110 , 1977
BEING AN ORDINANCE AMENDING SECTION 112-66 A
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO WATER RIGHTS REQUIREMENTS AND
INCREASING THE PAYMENT IN LIEU OF SUCH WATER
RIGHTS FROM EIGHT HUNDRED DOLLARS ($800.)
TO ONE THOUSAND DOLLARS ($1000.)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Section 112-66 A of the Code of the City of Fort Collins
be amended, and the same hereby is, by deleting therefrom the
' words and figures "eight hundred dollars ($800 j and substituting
therefor the words and figures "one thousand dollars ($1000.)".
Introduced, considered favorably on first reading and ordered
published this 6th day of September A.D. 1977, and to be presented
for final passage on the 20th day of September , A.D. 1977.
ATTEST:
41y4er�
1126
September 20, 1977
Passed and adopted on final reading this
A.D. 1977.
ATTEST:
City Clerk
`
First Reading,: September 6, 1977
Second Reading: September 20, 1977
Dates Published: September 11, 1977
City Clerk
Ordinance A
20th day of September
(Vote: Yeas: 5, Nays: 0)
(Vote: Yeas: 7, Nays: 0)
and September 25, 1977
ted on Second Reading Vacating
Alley in Block 305
Following is the City Manager's memorandum on this item:
"This Ordinance was adopted on first reading at the September 6,
1977, Council meeting.
This alley vacation was requested by the owner of property
immediately west of the existing unused alley in the 900 block
of Sycamore. The Planning staff approved the request providing
a 6-foot utility easement for the existing power line as required."
Councilman Suinn made a motion, seconded by Councilwoman Gray
to adopt Ordinance No, 111, 1977 on second reading. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn
and Wilkinson. Nays: None,
THE MOTION CARRIED
127 1
September 20,. 1977
' ORDINANCE NO. 111,1977
BEING AN ORDINANCE VACATING THE ALLEY
ADJOINING LCTS 17 and 18, BLOCK 305,
CAPITOL HILLS ADDITION, IN THE
CITY OF FORT COLLINS
WHEREAS, the owners of the property adjoining the same have peti-
tioned the City Council to vacate the following described alley adjoining
Lots 17 and 18, Block 305, Capitol Hills Addition to the City of Fort
Collins; and
WHEREAS, such alley is not now open for public travel and the same
is not needed for municipal purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
That the following described alley, to -wit:
The alley located in the 900 Block of Sycamore
Street, adjoining Lots 17 and 18, Block 305 of
the Capitol Hills Addition to the City of Fort
Collins, Colorado; reserving, however, to the City
of Fort Collins an easement for utility lines six
feet in width, the center line of said easement being
the center line of the paver line now located in said
alley;
be, and the same hereby is, vacated, abated and abolished.
Introduced, considered favorably on first reading, and ordered pub-
lished this 6th day of September , A.D. 1977, and to be presented for final
passage on the 20th day of September, A.D. 1977.
ATTEST:
City Clerk
128
September 20, 1977
Passed and adopted on final reading this 20th day of September,
A.D. 1977.
ATTEST:
V
City Clerk
First Reading: September 6, 1977
Second Reading: September 20, 1977
Dates Published: September 11, 1977
Attest -
City Cler
(Vote: Yeas: 5, Nays: 0)
(Vote: Yeas: 7, Nays: 0)
and September 25, 1977
Ordinance Adopted on First Reading
Amending the Code Relating to the
Salary of the City of the City Manager
Following is the City Manager's memorandum on this item:
"The attached Ordinance provides for ;•the City Manager's annual
salary to be set at $38,000. This Ordinance has been based upon
the contract agreement signed by John E. Arnold and the City
Council on August 23, 1977."
Councilwoman Gray made a motion, seconded by Councilman Wilkinson
to adopt Ordinance No. 112, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
THE MOTION CARRIED
129
September 20, 1977
Ordinance Adopted on First Reading Relating
' to Water Utility Rules, Regulations and
Policies; Resolution Adopted Approving
Policies and Procedures for the Water Utility
Following is the City Attorney's memorandum on this item:
"In accordance with recent discussions with Roger Krempel, I
have prepared the enclosed ordinance. This ordinance provides
for the adoption of rules, regulations, policies and procedures
for the water utility and also changes the requirements for
locations of meters and meter sets.. Presently, meters are
required to be installed in a meter pit. This entails more
expense than the installation of a meter within the building
structure which it services. Installation in a meter pit was
formerly required in order to allow the.meter reader access to
the meter without having to enter the premises. Remote readers
are now available which can be installed separate from the meter
in a location on the side of the structure. This will permit
a less expensive installation and also should reduce the City's
costs in reading the meter since it will be easier to read a
remote reader on the side of the structure than to open the
meter pit and read the meter in the pit. Mechanically the
change is accomplished by deleting the specific requirements
in the ordinance relating to installation of meters and
making the same the subject of rules, regulations, policies
and procedures to be adopted by the Water Department.
I understand the Water Department will have proposed policies
and procedures available for adoption;,. by the City Council
relating to this and possibly other subjects, and the enclosed
resolution will accomplish this."
Councilman Bowling made a motion, seconded by Councilman Suinn
to adopt Ordinance No. 113, 1977 on first reading. Yeas:
Councilmem hers Bloom, Bowling, Gray, Russell, St. Croix, Suinn
and Wilkinson. Nays: None.
THE MOTION CARRIED
Resolution Adopted Approving Policies
and Procedures for the Water Utility
Councilwoman Gray made a motion, seconded by Councilman Wilkinson
to adopt the resolution. Yeas: Councilmembers Bloom, Bowling,
Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
130
September 20, 1977
RESOLUTION 77-58 '
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING POLICIES AND PROCEDURES PROMULGATED
BY THE DIRECTOR OF WATER AND SEWER UTILITIES
FOR THE WATER UTILITY
WHEREAS, the Director of the City Water and Sewer
Utility Department has promulgated certain policies and
procedures for the water utility and has presented the same
to the City Council for approval; and
WHEREAS, the City Council has reviewed such policies
and procedures and is of the opinion that the approval and
adoption of the same are required for the proper administration
of the water utility.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS that the policies and procedures promul-
gated by the Director of Water and Sewer Utilities for the
Water Department and presented to the City Council, copies
of which are attached hereto, be, and the same hereby are,
accepted and approved.
Passed and adopted at a regular meeting of the City
Council held this 20ch day of co rom�or a io77
ATTEST•
City Clerk
131 1
September 20,.1977
1. For new residential construction, water service lines shall be
' brought on a horizontal plane under the foundation of the residence.
A minimum of 4� feet of cover shall be maintained over the water
service line between the street and the foundation. A minimum
of 4 inches of concrete or 2 feet of earth cover under the
residence shall be maintained to a point where a vertical riser
shall be installed. The vertical riser shall be installed under
the utility room or another heated portion of the residence.
The riser shall be insulated from its lower extremity to the
floor of the utility room or other heated space. The insulation
shall be of a type approved by the Building Inspection office
and shall provide a minimum of 4 inches of cover on all sides
of the water main.
2. The meter set device (copper horn) shall be installed not more
than 12 inches from the point where the vertical riser passes
through the floor.
3. The meter setting device shall be installed by a licensed plumber
at the time the house plumbing is installed except as provided
in the Building Code.
4. The meter set device shall be installed so that the meter shall
be in its normal position when it is in place.
' 5. A clear and unobstructed access of not less than 18" x 24" shall
be provided so that the meter set device and the valves can be
easily reached when not installed in a basement or utility room.
6. A connector to bridge between the ends of the meter set device
will be issued with the meter set device for installation in
the device until meters are required.
7. A valve shall be installed in the service line on each side of
the meter set device so that the meter or the connector can be
installed or removed without draining the house plumbing.
8. No connection will be made to the water service line between the
water main and the meter set device unless provision is made for
setting another meter for such connection. For instance, sprinkler
lines which are connected to the water service line between the
curb stop and the house, provision must be made to set another
meter for the sprinkler line.
9. In order to facilitate the installation of remote reading water
meters at a future date, wire shall be installed in new construction
at the time of construction from the meter set device to the
remote reading point.
1
132
September 20,.1977
10. The wire shall be two conductor, #14 guage, insulated non-metalic '
sheathed cable.
11. The wire shall terminate at the meter set device with at least
12 inches of extra wire. The other terminus of the wire shall
be on the outside wall of the building, 5' feet above the ground
and 4 feet (+) from the electrical meter. This wire shall terminate
in a recessed, weather -tight electrical box with a weather -tight
blank cover.
12. Meter set devices shall be provided at cost by the City and may
be picked up at the Utility Billing office at the time water
permit fees are paid.
13. Exceptions to these policies may be granted on an' individual
basis by the Water Utilities Director.
Resolution Adopted on 208 Report
Following is the memorandum from Water and Sewer Utilities Director
Roger Krempel on this item: '
"In regards to the continuation of the 208 program there are two
concerns to be addressed, short term and long term.
The long term financial and institutional aspects of the plan
are being addressed by the committee Councilman Suinn serves on.
It is anticipated work of this committee will be completed later
this fall and will become part of the plan to be acted on near
the end of this year or early next year.
In the short term the concern is to assure that there are funds
appropriated by budgets presently being developed to hold together
a very competent staff. Without funds being made available for
1978 salaries, staff can not be expected to stay on the job to
see the plan implemented.
Attached you find copies of information pertinent to the 208
program. The letter from Bill Farr to the Greeley Tribune
becomes self explanatory as you read it. The staff information
relates to the letter.
With this information the City Council upon recommendation from
the Water Board, can do as they determine to be in the public
interest in continuation of the 208 program, first in the short
term and later in the long term." '
133
September 20, 1977
' As you know, I am the Chairman of the local 208 Committee and have been
since the program started. In the past few days, there have been two or
three articles in the Tribune concerning the 1978 budget of Latimer and
Weld COG. On August 25, your Opinion and Analysis column questioned
whether the program was still necessary.
The purpose of this letter is to clarify the problem.
The Congress passed the Clean L:ater Act in 1972. This is a Federal Law
which states that by 1933 all waters in the United States will be fishable
and swimable. The law is quite plain that either the states and the local
communities will meet the provisions of the law, or the Federal Government
through EPA, will supercede the state and local governments and do the job
of cleaning up the waters. This is probably the most far reaching piece
of legislation that the Congress has ever passed. Section 208 of this law
gives the counties the opportunity to plan how they can best comply to
follow the law. The Larimer-Weld Council of Governments was formed to act
as a liason between Federal Government, the State of Colorado and the two
counties in areas where federal funds are involved. Any town, city, or
fa—er who receives funds from the Federal Government, must receive them
through the local Council of Governments. There is nc question that it
is another layer of government. However, the directors of the Larimer
and Weld COG are the mayors of the principal cities plus the County Commis-
sioners. The reason for this type of organization is to have the two count-
ies work together on common problems.
The Federal Government granted the Larimer S Weld COG $779,000 for a
complete study of how best to comply with the Clean Hater Act of 1972.
This is the effort implemented by the 203 Committee aopoinred by the
Larimer and Weld COG. Their report must be completed and filed by
February 1, 1978. The plan is first approved by the 208 committee, then
by the Larimer and Weld COG, who forwards the report to the Colorado
Water Control Commission. The Commission also must approve the plan. If
they have any questions or hangups about the plan, they have to come back
to the local co=ittee and be satisfied. After approval by the Water
Control Commission, the Governor of Colorado has to approve the plan.
The plan then goes to the Region #8 EPA office in Denver for approval.
Finally, the plan is sent to EPA in Washington for approval. All of
these approvals will take at least six months.
upon final approvai it wiii be the responsibility of the State of Colorado
through the Governor, to see that the local people carry out the plan.
They will hav2 to see that the necessary sewer plants are built, that
the water systems are improved, that the farmers start practicing better
management practices on their farm land and all of the other things that
will be in the plan, must be implemented on schedule. The law requires
yearly assessment and certification by the Governor that the plan is
' progressing.
134
September 20, 1977
The public does not realize that with the Clean Water Act and the Clean
Air Act, the Federal Government is permanently involved in everybody's
daily affairs. These massive laws are basically federally funded. In '
the case of the Greeley Sewer Plant, it is 75% federal, 25 local.
If a farmer has to install retention ponds for the runoff from his irri-
gated field,aad pump this water back to the head of the farm and use it
over again.or whatever the rules may be, there will be federal programs
that will help the farmer pay for this. This will probably be administered
through the Soil Conservation Service ender the guidance of the Lorimer -
Weld COG.
Whether we in Weld County like it or not, our only two options are either
to yeen a local Cou-ci.' of Governmen`s ano have them serve as the liason,
or let rthe Federal Government through the mandate of the law, move in and
make the rules and force our people to work with their mandates. Recently
with the new proposals for the use of water, it is easy to see that we do
not want federal intervention.
The request to the.County Commissioners for the $56,000 to be split
between the two counties, is the cost to continue the planning office
through 1978. That is assuming that it will take the full year to have
the 208 plans finished, approved and in operation. To date, the Federal
Government has financed it completely. As we go into the next period,
the Federal Government should finance it. Because our Larimer-Weld 208 '
program is ahead of most 208 programs, it is not absolutely guaranteed
to be'funded. The requests for monev in the budget are, you might say,
on an emergency basis. If the Federal Government shouldn't finance it,
then the counties would furnish the $56,000 in order to complete the year
and get the plan approved. A year from now, permanent financing of the
COG office and final approval will have to be assessed.
You �.annot estimate beyond 1978 because we have no idea what is going
to be approved. It is obvious to me that a plan like this will tare
10 to 20 years to implement. Somebody is going to have to manage it
and see that the plan is put into effect and operated according to plan.
The law is very plain that the plan has to be reviewed yearly and certified
to the Governor that progress has been made and items that were in the
plan have been built. For example, the Greeley -Delta sewer plant is part
of this total 208 plan. Eventually it will be certified to EPA that the
new plant is built and their discharges are meeting the requirement of
i
the act.
135 1
September 20, 1977
When the Clear Water Act was passed in 1972, I was serving as President
of the American National Cattlenens Association. I was asked by Presi-
dent Nixon to serve a three year tern as a member of the water pollution
control advisory beard to start to get this legislation motivated. That
experience convinced me what _ tremendcus problem tie irrigated hest
faced in complying with the law to make all the streams fishable and
swimable. I took the job of Chairman of the 208 Committee as a defensive
measure to protect the best possible use of our waters for Larimer and
Weld Counties.
I want to hold Weld County tares as low as possible. The point here is
that the dollars that are being talked about are nothing compared to
the costs that this area would incur if it were not for the 203 program.
I as'-_e3 Eric Eidsness Zo Frepare'some material for rue. I enclose a
copy of this material. If you or any of your reporters need further
information or would like to discuss this matter personally at any time,
I will certainly be glad to do so.
Yours) truly', �_ J
' Encl. h
Encl.
City Clerk Verna Lewis read the resolution at length.
Councilman Suinn made a motion, seconded by Councilman Bowling
to adopt the resolution and transmit the same to the Larimer
County Commissioners, the COG Board and Staff. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
THE MOTION CARRIED
1
136
September 20,.1977
RESOLUTION 77-59
OF THE ODUNCIL OF THE CITY OF FORT COLLINS
SUPPORTING AND REQUESTING THE CONTINUANCE '
OF THE L.ARIMER-WELD 208 PROGRAM
WHEREAS, the Larimer-Weld COG has received a Federal Grant to fund a
complete study on how best to comply with the Clean Water Act of 1972 by develop-
ment and adoption of a Regional Wastewater Management Plan and Water Quality
Program; and
WHEREAS, this study and plan is to be completed and filed with the Colorado
Water Quality Control Commission by February 1, 1978; and
WHEREAS, the future water quality, wastewater management and economy of
the entire rural and urban areas of the two counties is dependent on the data and
documentation gathered through the 208 Program and submitted to the Colorado
Water Quality Control Commission being accepted and approved; and
WHEREAS, necessary finding for the continuance of the 208 Program through
1978 may not be available.
NOW, THEREFORE, BE IT RESOLVED BY TH�E ODUNCIL OF THE CITY OF FORT COLLINS
that the City Council hereby expresses its opinion that the continuance of the
Larimer-Weld 208 Program through the 1978 calendar year is essential in protect-
'
ing water quality and value for historical, present and future uses as well as
the economic welfare of the area.
BE IT FURTHER RESOLVED that the City of Fort Collins strongly recommends to
tiie Larimer-Weld COG that the necessary funding be provided to continue said 208
Program through the 1978 calendar year.
Passed and adopted at a regular meeting of the City Council this 20th day
of September, A.D. 1977.
ATTEST:
i
City ier
137
September 20, 1977
Resolution Adopted Adopting New Fees
' for Code of the City of Fort Collins
Following is the memorandum from the City Clerk on this item:
"Due to the rapid expansion of the Code of the Cit of Fort
Collins, it has become necessary to house t e Co a as a two
voIu—me set. The City Clerk's office has negotiated with
General Code Publishers to purchase additional binders to
facilitate this change and it will be necessary to charge
$6.75 each for the 3-inch binders.
Chapter 1, Section 16, of the Code of the Cit of Fort Collins
authorizes the payment of a fee or t is Co a Boo to be set
by resolution of the City Council. Thus, it will be necessary
to present to Council, a resolution replacing Resolution 72-136,
passed and adopted December 28, 1972, authorizing the Code Book
to be sold at a cost of $75.00. Section 1 of the new resolution
should read $81.75 per copy. Actual cost to each buyer will be
$85.84 including city and state tax of $4.09.
We request that this resolution be placed on the agenda of the
September 20, 1977, Council meeting for their consideration."
Councilman Wilkinson made a motion, seconded by Councilwoman Gray
' to adopt the resolution. Yeas: Councilmembers Bloom, Bowling,
Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
RESOLUTION 77-60
OF THE COUNCIL OF THE CITY OF FORT COLLINS
PROVIDING FOR THE SALE OF COPIES OF THE CODE
OF THE CITY OF FORT COLLINS AND THE SUPPLEMENTATION
OF SUCH SOLD COPIES
WHEREAS, heretofore, the City Council has had prepared by
General Code Publishers Corp., a
codification
of the
Ordinances
of the City of Fort Collins, and
WHEREAS, the City Council
desires to provide
for the sale
of copies of said code to the general
public
and for
the supple-
mentation of such sold copies.
NOW, THEREFORE, BE IT RESOLVED
BY THE
COUNCIL
OF THE CITY
OF FORT COLLINS:
Section 1. Copies of the
Code of the
City of
Fort Collins
shall be available in the office
of the City
Clerk for purchase
'
by the general public at a cost
of $81.75 per
copy.
138
September 20, 1977
Section 2. Copies of Chapters 99 and 118 of the Code of
the City of Fort Collins (the same dealing with subdivision of '
land and zoning) shall also be available in the office of the
City Clerk for purchase by the general public at a cost of $3.00
per copy.
Section 3. The said Code shall be supplemented from time
to time as designated by the City Council and until designated
otherwise, such supplementation shall be done quarterly.
Section 4. The charge to be made for purchase of said Code
(or the portion of the Code containing Chapters 99 and 118) shall
include regular supplementation at no additional cost to the pur-
chaser for the life of the Code.
Passed and adopted at a regular meeting of the City Council
held this 20th day of September, A.D. 1977.
ATTEST:
City Clerk
Request for Additional Plans Examiner I
Building Inspection Division Approved
Following is the City Manager's memorandum on this item:
"Attached is a request from Bill Waldo, Chief Building Inspector,
for an additional Plans Examiner I position. This request for an
additional position has not been included in our 1978 budget
requests. When we originally discussed Bill's budget requests
for 1978 in July, we felt that, with overtime and the addition
of our Permit Coordinator, we could handle the workload in the
plans checking area. This assumption has not held correct as
illustrated in the backlog statistics in the attachment.
The impact of hiring this additional Plans Examiner would be
an increase of $3,179 in 1977 and $14,137 in 1978. As shown on
the budget attachment, we will still be in a positive revenue/
expenditure position as it relates to the Building Inspection
Division if this position is approved.
139
September 20,.1977
Upon Council approval of this position, we expect that we could
' have an individual hired by October 15, 1977."
Councilman Bowling made a motion, seconded by Councilman Russell
to authorize the hiring of a Plans Examiner I position for the
Building Inspection Division. Yeas: Councilmembers Bloom,
Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays:
None.
THE MOTION CARRIED
Resolution Adopted Approving Amendment to
Bylaws for Building Contractors' Licensing
Board Relating to Examinations
Following is the City Manager's memorandum on this item:
"On August 25th, the Building and Contractors' Licensing Board
approved the attached amendment to its by-laws. This amendment
would extend the waiting period for retaking an examination after
two failures from two months to three months. Additionally,
it would allow an applicant to petition the Board for an oral
examination after the applicant had failed the written exam three
times."
' Councilwoman Gray made a motion, seconded by Councilman Suinn to
adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray
St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
1
140
September 20, 1977
RESOLUTION 77-61
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AMENDMENT TO THE BY-LAWS
AND RULES OF PROCEDURE FOR THE
BUILDING CONTRACTOR'S LICENSING BOARD
RELATING TO EXAMINATIONS
WHEREAS, the City Attorney's Office has prepared and the Building
Contractor's Licensing Board has approved certain amendments to the
by-laws and rules of procedure for said Board relating to the taking
of examinations for licenses; and
WHEREAS, the Building Contractor's Licensing Board has submitted
such amendments to the City Council for its approval; and
WHEREAS, the City Council has received such amendments and
desires to approve the same.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the amendments to the by-laws and rules of procedure
for the City of Fort Collins Building Contractor's Licensing Board
presented to the City Council be, and the same hereby are accepted and
approved.
Passed and adopted at a regular meeting of the City Council held
this 2Oth day of September, A.D. 1977.
141
September 20, 1977
BY-LAWS AND RULES OF PROCEDURE
of the
' BUILDING CONTRACTORS' LICENSING BOARD
CITY OF FORT COLLINS, COLORADO
ARTICLE IV
Section 7. Any person who fails to pass any examination for a
Contractor's License shall be required to wait a period of two (2) months
before he shall be allowed to retake the examination, provided that, upon
two failures to pass an examination for a particular license, a person
shall be required to wait a period of three (3) months before he shall be
allowed to retake such examination. If any person retakes an examination
within one (1) year, he shall not be required to submit a new application
to the Board for approval. He shall be required, however, to pay an
examination fee of ten dollars ($10.00) prior to the examination for each
' examination taken.
Section 8. Any person who has failed to pass an examination for a
particular Contractor's License after three (3) attempts, and who has
waited at least two (2) months since the last examination taken, may
petition the Board for an oral examination for the particular license.
Such application shall be submitted in writing, along with the ten dollar
($10.00) examination fee, to the Building Inspection Department at least
one (1) week prior to the next regularly scheduled meeting of the Board.
In conducting an oral examination hereunder, the Board shall use the
questions from the written examination on which the applicant received
the lowest score. The entire examination, including all instructions,
questions and answers, as well as the decision on the examination shall
142
September 20,.1977
be recorded and such recording preserved for at least one (1) year. '
Each question shall be worth a stated number of points and in grading
the examination, each Board member shall assign points for each answer
given. At the end of the examination, each Board member shall total .
the number of points given for each answer and the applicant's final
score shall be the average of all the totals from all the Board members
conducting the examination.
Contract with Management Science America
Computer Software Agreement Approved
Following is the City Manager's memorandum on this item:
"As discussed at the September 13 work session, the Finance
Department and Management Information Systems Division have
evaluated approximately forty vendors of financial system
packages. As a result of that evaluation, the staff is
recommending the purchase of Management Science America's '
(MSA) General Ledger and Accounts Payable systems at a cost
of $50,000. Funds are budgeted for this expenditure in the
1977 revised Finance and MIS budgets.
Attached is documentation concerning the evaluation process,
MSA, and the systems to be purchased. The estimated imple-
mentation time is four to six months.
MSA has delivered their standard contract to the City for
review and it is anticipated the City Attorney will add some
additional provisions to that contract for the full protection
of the City.
Recommendation: The Administration recommends that the Council
authorize the City Attorney to review and make the necessary
provisions to the contract and authorize the City Manager and
City Clerk to approve the revised contract not to exceed
$50,000."
Assistant City Attorney Liley added a recommendation that there
might be some additional travel expenses for the company to
come to Fort Collins initially. Director of Finance Wood stated
the addition would be for travel expenses on per diem expenses
for 120 hours of technical support. '
143
September 20, 1977
Councilman Wilkinson made a motion, seconded by Councilwoman Gray
to adopt the recommendation of the Administration plus reimbursable
' costs. Yeas: Councilmembers Bloom, Bowling, Cray, Russell,
St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Resolution Adopted Approving Application
for Preliminary Loan for Low -Rent Public Housing
Following is the City Manager's memorandum on this item:
"The Fort Collins Housing Authority has received authorization to
proceed with the development of thirteen units of public housing
allocated to Fort Collins by the United States Department of
Housing and Urban Development.
Funding for this project will be provided under the 1974 Housing
and Community Development Act. The Act requires that the appli-
cation for preliminary loans under the Act by local housing
authorities must be approved by the governing body of the locality
involved.
The Authority will need $2,600 (the full preliminary loan allowed
by HUD for this size project) in order to pay architect's fees
' for the development of developer bid packets, and for assisting
the Housing Authority in the selection of a qualified developer.
The preliminary loan will also be used to pay for housing site
appraisals. These preliminary activities are required by HUD
prior to authorization by HUD of a contract to fund the purchase
of the project under the turnkey method of construction. Repay-
ment of the preliminary loan is an allowable cost under the
HUD project purchase contract for "Annual Contributions Contract"
(A.C.C.). If for any reason the A.C.C. is not forthcoming, the
Authority will endeavor to repay the loan with other project
revenues.
The City Housing Assistance Plan and the Housing Authority waiting
list of eligible applicants for public housing indicate the need
and market for the additional housing. The Housing Assistance
Plan calls for the construction of 117 low to moderate income
family housing units. The current Housing Authority waiting
list statistics reflect the current existence of 321 eligible
applicant families. Recent CSU, City, and Housing Authority
surveys indicate that the need for the proposed public housing
is not being met by private enterprise."
144
September 20, 1977
Housing Authority Chairman Pete Sanchez spoke in favor of the
resolution and the intent to place these 13 units in diversified
areas of the city. Miss Agnes Lillev, Chairman for Housing of '
the League of Women Voters spoke to the League's committment
to the provision of decent housing for all citizens.
Councilman Russell made a motion, seconded by Councilman Suinn
to adopt the resolution. Yeas: Councilmembers Bloom, Bowling,
Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
RESOLUTION 77-62
OF THE ODU14CIL OF THE CITY OF FORT COLLINS
APPROVING APPLICATION FOR PRELIMLNARS LOAN
FOR LOW -RENT PUBLIC HOUSING
WHEREAS, it is the policy of this locality to eliminate substandard
and other inadequate housing, to Drevent the spread of slums and blight, and
to realize as soon as feasible the goal of a decent home in a suitable living
environment for all of its citizens; and
WHEREAS, under the provisions of the United States Housing Act of 1937,
as amended, the United States of America, acting through the Secretary of
Housing and Urban Development (herein called the "Government"), is authorized
to provide financial assistance to local public housing agencies for undertaking I
and carrying out preliminary planning of low -rent housing projects that will
assist in meeting this goal; and
WHEREAS, the Act provides that there shall be local determination of
need for low -rent housing to meet needs not being adequately met by private
enterprise and that the Government shall not make any contract with a public
housing agency for preliminary loans for surveys and planning in respect to any
low -rent housing projects unless the governing body of the locality involved has
by resolution approved the application of the public housing agency for such
preliminary loan; and
WHEREAS, the Fort Collins Housing Authority (herein called the "Local
Authority") is a public housing agency and is applying to the Government for a
preliminary loan to cover the costs of surveys and planning in connection with
the develovnent of low -rent housing;
NU , THEREFORE, BE IT RFSOLVED BY THE COUNCIL OF THE CITY OF FORT OOLLLNTS
as follows:
1. That there exists in the City of Fort Collins a need for such
low -rent housing which is not being met by private enterprise;
145 1
September 20, 1977
2. That the application of the Local Authority to the Goverrunent for a
' preliminary loan in an amount not to exceed $2,600 for surveys and planning in
connection with low -rent housing projects of not to exceed approxitely thirteen
ma
(13) dwelling units is hereby approved.
Passed and adopted at
20th day of September, A.D.,
ATTEST:
City Clerk
a regular meeting of the City Council held this
1977.
Purchase of Old Fuel Truck
' Following is the City Manager's memorandum on this item:
"Attached is a proposal from Max Hoffman of Falcon Air regarding
the old fuel truck currently owned by the Fort Collins/Loveland
Airport. Mr. Hoffman is proposing to purchase the old fuel truck,
repair and maintain it, and use it as a backup fuel vehicle.
The price quoted is $500.
The Loveland City Council has accepted the bid by Max Hoffman.
Recommendation: The Administration recommends that the City
Council accept the offer of Falcon Air and authorize the Airport
Board to sell the old fuel truck to Max Hoffman for $500 with
the understanding that it will be used as a backup fuel vehicle
and all future operation and maintenance costs will be absorbed
by Mr. Hoffman and not the Fort Collins/Loveland Airport."
Councilman Bowling stated, for the record, in the past he had
withdrawn from all discussion concerning the Fort Collins/Loveland
Airport, due to a consulting responsibility with Valley Air Park,
which has now been terminated, and he no longer felt he might
have a potential conflict of interest.
Airport Board Chairman Evan Stoll spoke in favor of the purchase.
' 146
September 20, 1977
Councilwoman Gray made a motion, seconded by Councilman St. Croix
to adopt the recommendation of the administration. Yeas: Council-
membersI
Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
THE MOTION CARRIED
Lease of Airport Premises to Nordic Construction Company
Following is the memorandum from the Assistant City Attorney on
this item:
"The attached lease has been approved by the Airport Board and
the Loveland City Council. The lease is with Nordic Construction
Company for therental of a portion of the airport premises for
the purposes of constructing forty "T" hangars. It is antici-
pated that there will be an assignment of this lease from Nordic
to Max Hoffman after approval of the lease and this assignment
is specifically approved in the lease.
The term of the lease is for twenty years with payment being
made on a monthly basis as follows:
1. First ten years - a sum of $101 a month ($1,215 per year)
2. Second ten years - a sum of $202 a month ($2,431 per year) '
These figures are based on a charge of $0.01 a square foot for
the first ten years and $0.02 a square foot for the second ten
years.
If the lessee desires to transfer the ownership of the "T" hangars,
he may do so under certain conditions, but the Cities would have
the right of first refusal to purchase the hangars at specified
prices. Additionally, after three years, the Cities have the
right to purchase any hangars in place at a price of $400,000
if purchased during the first ten years and an additional increase
of $25,000 per year up to a maximum cost of $650,000 if purchased
during the twentieth year of the lease. These sums are based
upon forty hangars in place and would be adjusted for the actual
number of hangars in place. The lease would be terminated upon
the purchase of the hangars."
Chairman of the Airport Board Evan Stoll spoke in favor of the
Board's recommendation.
Council considered at length the charges and construction time
estimated for the 40 hangars.
147 1
September 20, 1977
Councilwoman Gray made a motion, seconded by Councilman Suinn
to approve the lease with Nordic Construction and authorize the
' Mayor and City Clerk to execute the agreement on behalf of the
City. Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Dedications from HCI, Inc., and Grant of
Easement from Colorado and Southern Railroad Accepted
Following is the City Manager's memorandum and recommendation on
this item:
"(1) Right -of. -Way Dedication from HCI, Inc. for public road,
pedestrian sidewalk and utilities at Lemay Avenue and
East Drake Road, required for construction in Street
Improvement District No. 72 and for the realignment of
Drake Road through Lemay to the west.
Consideration: None.
(2) Dedication of Easement from HCI, Inc. for the installation,
reinstallation, servicing and maintenance of utilities
along the east side of Edinburgh Street from Strachan
Drive to Drake Road, required to install a storm sewer
line.
Consideration: None.
(3) The attached agreement from the Colorado and Southern
Railroad is for the right of way for Mason Street from
Horsetooth Road north 1,550 feet. The agreement is
required in connection with the Mason Street Improvement
District between Drake Road and Horsetooth Road.
Consideration: $1,000 (one-time charge)
Recommendation: The Administration recommends that the City
Council approve the above dedications from HCI, Inc., and Grant
of Easement from the Colorado and Southern Railroad."
Councilman Wilkinson made a motion, seconded by Councilman Suinn
to approve the dedications from HCI, Inc. and Grant of Easement
from the Colorado and Southern Railroad. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson.
Nays: None.
THE MOTION CARRIED
1
148
September 20, 1977
Agreement Concerning Repainting Swimming Pool Approved
Following is the memorandum and recommendation from the City I
Manager and City Attorney on this item:
For some time the Administration has been trying to resolve
a dispute with Chester Products concerning the paint job on
the indoor swimming pool. The pool was completed about
November 15, 1974, and originally the warranty on the paint
job from Chester Products was for one year and expired
November 15, 1975. The original paint job failed,. apparently
because of changes in the chemical composition of the paint
furnished to Chester Products by its supplier. It further
appears that Chester Products was not aware of the change in
the paint composition. Pursuant to the warranty Chester
Products repainted the entire pool, grinding down all of the
bad spots and repriming. This was accomplished with paint
supplied by a new supplier. The paint job failed again and
Chester Products again repainted the pool, despite its claim
that its warranty period had expired. They further extended
their warranty for one additional year after this work. The
extension of the warranty was given because the City maintained
the area needing repair should be sandblasted down to the
metal, while Chester Products claimed it was sufficient to
use a grinder to remove the defective paint. There has
again been a substantial failure of the paint job and the '
City Administration has been negotiating with Chester Products
to try to achieve a satisfactory solution to this problem.
Chester Products has maintained that the failure was because
of the City's failure to adequately monitor the water chemistry
in the pool. They have also maintained that some touch-up
work must be expected in any painted pool. Since examining
the pool they have agreed that the present condition goes
beyond the type of touch-up work which might be anticipated.
The City's primary claim has been that the failure to remove
all of the old paint through sandblasting is the reason for
the paint job failure.
The City,holds $9,500.06 from the amount which was due to
Chester Products under the original pool contract. Although
there have been agreements in the past to release these
funds to Chester Products, the City has not released the
funds because of its claims on the paint failure question.
149
September 20, 1977
The attached agreement has been negotiated between City
' representatives and representatives from Chester Products.
The City Administration strongly recommends the approval of
this agreement to the City Council. Under the proposed
agreement, Chester Products will employ Plastall, Inc.,.to
repair and repaint the pool. This will involve sandblasting
in the areas which the City maintains should be treated in
this manner and repainting all areas which have failed. The
paint job will therefore include the customary touch-up work
which would normally be a City maintenance responsibility.
Plastall will also warrant the paint job to the City for one
year. In exchange for this, the City will release the funds
of Chester Products which it has been holding and will also
release Chester Products from all further responsibility
concerning the paint job on the pool. This means in effect
that we will rely on Plastall's warranty for the future.
Apparently everyone recognizes Plastall as the outstanding
paint contractor for swimming pools, and we ,feel that their
warranty is satisfactory.
Recommendation: Administration recommends that the City
Council approve the proposed agreement between the City,
Chester Products and Plastall, Inc., and authorize the City
Manager and City Clerk to execute the agreement on behalf of
the City.
Councilman Wilkinson made a motion, seconded by Councilwoman Gray
to adopt the recommendation of the administration. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
THE MOTION CARRIED
Computer Settlement with Larimer County Approved
Following is the City Manager's memorandum on this item:
"On Friday, September 16, 1977, representatives of the City and
Larimer County met with the express purpose of resolving the
computer contract issue. The following agreement was reached
and is presented for your approval.
Larimer County will pay the City of Fort Collins the sum of
$10,245 for the City's 20% share of the PDP-10, an 8-line
communication group, and a rebate of a $1,750 billing error.
This figure represents an equitable compromise for both agencies
and was arrived at in the following manner. The City's position
called for the County to pay $13,860; the County offered $6,630.
150
September 20, 1977
The compromise.proposal before you take one-half of the difference
between the two figures, added to the County's offer:
City's request:
County's offer:
Difference:
$13,860
- 6,630
$ 7,230 t 2 = $3,615
+6,630
$10,245
I would like to discuss this item on Tuesday, September 20, 1977,
under other business."
Councilman Wilkinson made a motion, seconded by Councilman Bowling
to approve the agreement and authorize the City Manager and
City Clerk to execute the agreement on behalf of the City.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
Report from the Interim City Manager
a. Interim City Manager Lanspery presented copies of
Duane Miller's Report Public Demand Survey for Parks and
Recreation.
b. A citizen summary of the 1978 Recommended Budget will be
available outside the Council Chamber, the City Clerk's
office and at the library.
C. The Lake Sherwood East Subdivision Preliminary Plan will
be back on the agenda on October 4, 1977. This item had
been tabled by the Council and will be presented in a revised
manner.
d. Interim City Manager Lanspery presented copies of the
Bond Rating Report from Moodys on the City's AA rating.
Report from City Council Members on Committees
a. Councilman Bowling reported the COG will have its annual
retreat this coming week -end in Estes Park.
b. Councilman Suinn reported on the meeting of the 1041 Commit-
tee, which had interviewed three firms to serve as consul-
tants for the 1041 plan.
Councilman Russell made a motion, seconded by Councilman ,
Wilkinson to award the contract for the 1041 plan to
Briscoe, Maphis, Murray & Lamont Inc. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson.
Nays: None. 151
September 20, 1977
THE MOTION CARRIED
Mayor Bloom declared the meeting adjourned until 7:15 p.m.
' Citizen Participation
a. Mayor Bloom presented an award for 50,000 miles of safe
driving to Dean McWilliams of the Fort Collins Police Department.
b. Mr. Frank Fonfara, President of the Senior Citizens'
Ecumenical GrouD spoke in opposition to allowing alcoholic
beverages in the Lincoln Community Center. He then presented
petitions signed by his group setting out this opposition.
Mr. Earnest Woodworth and Mr. Justus Wilkinson also voiced
their opposition.
C. Mr. Paul Wagner, owner of the Avery Building, stated that
when Council had considered this item (work session July 26,
1977) he had gone "away with the feeling that in front of the
old White's garage doors, that he was allowed access to those
doors. Council had informally agreed to plan "B" and he had
gone away under the assumption that Council had agreed to plan
"C" where the trolley car was going to be parallel with Mountain
Avenue and the two trees that are located at the top of plan "C"
were to have plugs that could be later planted as trees." He
therefore requested he have access to these three garage doors.
'
Downtown
Project
Engineer Joe Rosser, stated the street
car
that is
proposed
is a movable item, further when plan "B"
had
been approved,
it
was approved usin� the parameter that
if a
proposed
use of
the building (White s Store) were made,
that
at that
time, both
the tree and the street car could be
moved.
City Attorney March clarified tha- the street is a public
right-of-way and Council could not bind future Councils on a
committment for amounts of money i.e. the estimated cost of
moving the trolley in the amount of $300.00.
Councilman Suinn inquired of Mr, Wagner: "you are saying that
you are willing to accept plan "B" provided that this document
that we have (memo of September 20, 1977 included below) speaks
to the movability of the tree?"
Mr. Wagner responded,"yeah," then inquired into the time limit
for moving the trolley and the tree. Mayor Bloom stated Council
would reaffirm plan "B" with the adjustments should they become
necessary. No further action was taken.
152
1
September 20, 1977
Attached herewith are the three plans for the Linden Plaza, including Plan BE
approved by the City Council. In the course of the dialog, the Council in- '
formed Mr. Wagner, owner of the Avery Building, they would consider moving
the streetcar and tree if the blockage by these two, of the south half of
the doors, would make rental otherwise impossible. The Council then
questioned Mr. Ferluga about the magnitude of the movement. The streetcar
could be rotated into the Plan "C" position and the tree would simply be
dug uo. The Council recommended that Mr. Ferluga obtain a price on making
such an adjustment. Mr. Ferluga and Mr. Polifka are of the opinion that
the tree could be dug up and the car relocated for no more than S300.
d. Mayor Bloom then requested Council comment on the manner of
conducting the hearing on October 4, 1977 regarding the Lincoln
Community Center and where alcoholic beverages would be served.
It was the consensus that all those wishing to speak on the
subject will be asked to sign on a form in the custody of the
City Clerk declaring whether they will speak for or against
the proposal, the Mayor will then call speakers from the list
and each person will be limited to three minutes. No time
limit will be placed on the total discussion.
Ordinance Adopted on First Reading Zoning '
the Nelson Second Annexation
Following is the City Manager's memorandum on this item:
"This is a parcel of 42.27 acres located on Timberline Road
north of East Horsetooth Road. At the June 21, 1977, meeting
the City Council voted four to two against Ordinance No. 79
that would have zoned the property I-P, Industrial Park, as
originally requested by the petitioner.
The Planning and Zoning Board considered zoning this site for
the first time at its special August 23, 1977, meeting dealing
with the South Fort Collins General Land Use Plan. The Board
is recommending the R-L-P, Low Density Planne Residential
District, for the north 22 acres of the site and R-H, High Density
Residential District, for the south:120 acres. This Planning and
Zoning recommendation has good justifications as viewed by the
Planning staff and has received concurrence from the petitioner."
Councilman Bowling made a motion, seconded,by Councilman Wilkinson
to adopt Ordinance No. 114, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, St. Croix, Suinn and Wilkinson. Nays:
Councilwoman Gray. (Councilman Russell out of the room.)
THE MOTION CARRIED
153
Seutember 20, 1977
Ordinance Tabled Zoning the Cunningham Second Annexation
' Following is the City Manager's memorandum on this item:
"The Cunningham property is 39 acres located on the northeast
corner of South Shields Street and Horsetooth Road.
The petitioner's requested zoning of the parcel is 24 acres
of R-L-P, 10 acres of R-M-P, and 5 acres of H-B. This is
consistent with the staff and the Planning and Zoning Board's
recommended zoning with the major exception being the 5 acres
of H-B. The petitioner is interested in receiving a zoning
district on his site which would allow the construction of an
indoor recreational complex including a bowling alley and an
ice skating rink. Under the existing zoning ordinance, such
usages are allowed only in the C-Commercial, H-B, Highway
Business, B-G, General Business, and I-G, General Industrial
zoning districts.
The staff and Planning and Zoning Board are recommending a
mix of planned residential zoning districts for this site
with R-H, High Density Residential, district zoning for the
Shields-Horsetooth corner to allow for non -retail commercial
uses."
' Mr. Richard Elerby, petitioner, stated that he had had very
little opportunity to present his plan to the Planning and
Zoning Board for a recreational complex; he added that he
needs 6 acres to accomplish this.
Planning Director Les Kaplan stated perhaps the Council, could
consider, at a work session, more flexible methods for designating
zoning districts such as special review and more specific
zoning district classifications.
City Attorney March stated that if Council desired to accomplish
what the petitioner is requesting Council could table this
ordinance and refer the matter back to the administration to
attempt to tie the zoning into the petitioner's proposal.
This item will be readvertised when it is brought back.
Councilman St. Croix made a motion, seconded by Councilman Suinn
to refer this matter to the administration with the understanding
that readvertising would be required. Yeas: Councilmembers
Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays:
None. (Councilman Russell out of the room.)
THE MOTION CARRIED
154
September 20, 1977
Hanna Subdivision, Second Filing
Final Plat Approved
Following is the City Manager's memorandum on this item: '
"Attached is a report from Planning concerning a 33-lot, standard
single-family development on 8.5 acres of land located at the
southwest corner of West Vine Drive and Shields Street.
At its April 11 meeting the Planning and Zoning Board unani-
mously recommended approval of the Final Plat subject to the
condition that pedestrian/bikeway and low maintenance landscape
treatment be shown along West Vine Drive and Shields. The
applicant has agreed to the conditions and plans for low main-
tenance landscape should be available prior to the September 20
Council meeting."
Councilman Bowling made a motion, seconded by Councilman Russell
to approve the final plat of the second filing of Hanna Subdivi-
sion. Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Foothills Square PUD Final Plat and Plans Approved
Following is the City tanager's memorandum on this item: '
"The attached report from the Planning staff concerns final plat
and plans for a commercial PUD located on the northeast corner
of South College Avenue and East Horsetooth Road.
Final plans are based on the preliminary plans which were
approved by Council on August 2.
On August 8, 1977, the Planning and Zoning Board recommended'.
approval of the final plans subject to several technical revisions
suggested by staff. These details are outlined in the attached
memo and will be handled prior to the September 20 Council
meeting."
Councilman Wilkinson made a motion, seconded by Councilwoman Gray
to approve the final plat and plans of the Foothills Square PUD.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
155 1
September 20, 1977
Amendment to Foothills Plaza North PUD Final Plans Approved
' Following is the City Manager's memorandum on this item:
"Attached is a report from Planning concerning a proposal to
amend an existing Unit Development Plan on 5 acres located at the
northeast corner of South College Avenue and East Monroe Drive.
This item concerns an amendment to the final site and landscape
plan involving the addition of a tract north of the existing
development for construction of an office complex and a revision
of the shape of building envelopes.
At its August 8 meetingtlhe Planning and Zoning Board recommended
approval of the amendment to Foothills Plaza PUD subject to
several conditions concerning internal pedestrian circulation
and other minor technical revisions. These conditions are
outlined in more detail in the attached report. The applicant's
revised final plan conforms to the Planning and Zoning Board's
conditional recommendation."
Councilwoman Gray made a motion,
seconded by Councilman Bowling
to approve
the amendment to the
final plans of Foothills Plaza
Russell,
North PUD.
Yeas: Councilmembers
Bloom, Bowling, Gray,
St. Croix,
Suinn and Wilkinson.
Nays: None.
'
THE MOTION
CARRIED
Riverside
Commercial PUD, Phase I Final Plat and Plans Approved
Following
is the City Manager's
memorandum on this item:
"Attached is a report from Planning concerning a proposal for
two commercial buildings located on Riverside Avenue southeast
of Lemay, and a proposal to change building location and parking
layout on Lot 1.
The preliminary plan was reviewed and approved by Council on
August 2. The final plans for the first phase entail development
on Lots 1 and 6 of the seven lots shown on the preliminary plan.
Final plans were reviewed and approved by the Planning and Zoning
Board on August 8. On September 12, however, the Board considered
the revision of Lot 1. The Board voted unanimously to approve
the revised plan subject to several conditions which are outlined
in the attached memo. In addition, Planning staff recommends
two other conditions be met by the developer which concern the
subdivision plats and landscape maintenance guarantee.
We are meeting with the developer on Friday, September 16, to
' discuss the above conditions and will update Council regarding
their resolution at the September 20 meeting.
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September 20, 1977
Planner II Paul Deibel stated all of the conditions had been
met with the exception of a shared parking agreement. '
Councilman Wilkinson declared he would withdraw from consideration
or voting on this item due to a possible conflict of interest.
Councilman Bowling made a motion, seconded by Councilman Russell
to approve the final plat and plans for Riverside Commercial
PUD, Phase I subject to an agreement stating the parking will
be shared. Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix and Suinn. Nays: None. (Councilman Wilkinson out of
the room.)
THE MOTION CARRIED
Downtown Authority Authorized to Use
Tax Increment Financing
Following is the memorandum and recommendation from the City Manager
and City Attorney on this item:
Since the beginning of the downtown study, the tax increment
method of financing has been considered one of the better
alternatives for the downtown. At the time it was originally
considered, the original legislation in Colorado which
allowed such financing only in urban renewal districts had '
just been passed and this did not seem to fit our downtown
situation. Since that time the legislature has passed
another bill allowing this type of financing in connection
with a downtown redevelopment authority. The City Administra-
tion has continued to explore the possibilities of tax
increment financing and now feels that efforts should be
undertaken to utilize this method of financing in order to
attempt to strengthen the downtown core area.
Although the specifics of any tax increment proposal will
vary from jurisdiction to jurisdiction and depending upon
the type of a program involved, the essentials of'a tax
increment financing scheme are as follows: The taxes on
properties involved in the proposal are frozen at the current
levels. The various governmental entities which share in
the total tax payment continue to receive the same taxes
based on the frozen level which they had received in the
past. Property within the area is acquired by the City with
the intent that the property be redeveloped in a manner
which will enhance the downtown area. As an example, a
tract might be developed as a hotel -convention complex or as
a high rise apartment or as an area for new commercial
buildings which would house major tenants intended to draw
157 1
O
September 20, 1977
people into the downtown area. The acquisition of the
' property would be with funds acquired through the sale of
tax increment bonds. These bonds would pledge the receipts
from all taxes on the property in excess of the previous
level of taxes. This anticipates the redevelopment of the
area which would cause an increase in the total tax bill and
all increase in the taxes would go to the City to. pay off
the bonds. After the sale of the bonds and the acquisition
of the property, the property would normally be sold to a
developer under a contract requiring the construction of the
improvements intended on the property and usually there
would be a lease package for these improvements. The price
at which the property is sold would normally be substantially
below the acquisition price since the payment for the acquisi-
tion would be accomplished through the tax increment bonds.
This makes the property more attractive and enables it to
compete with properties in the fringe area which would not
normally command as high a price as properties in the downtown
area. As indicated, there can be variations on this general
scheme but the essentials would remain the same. Such a
scheme has been very successful in other areas such as
California, and apparently represents the only reasonable
solution to the major problem encountered in redeveloping
core areas; namely, the high cost of land acquisition because
of previous development on the property.
' The City Administration recently met with representatives
from Boettcher and Company and with Mr. Loring E. Harkness
III, an attorney with DeMuth & Eiberger of Denver. Mr.
Harkness has been involved in proposals now underway in
Grand Junction involving tax increment financing, and it is
anticipated that his firm will issue the bond opinions
required for any tax increment bonds which might be issued
in the proposed Grand Junction project. A copy of a letter
from Mr. Harkness which resulted from this conference is
attached. Other information which the Council desires can
be provided at the Council meeting.
Recommendation. Administration recommends that the City
Council authorize the Administration to proceed with the
necessary steps to form a downtown development authority
with the intention of utilizing tax increment financing to
effect desirable redevelopment in the core area. If Council
takes this action, it is the intention of the Administration
to work through Boettcher and Company and Mr. Harkness in
forming the authority and developing a plan of development
to utilize tax increment financing.
1
158
September 20, 1977
City Attorney March gave a further detailed report and responded
to Council inquiries regarding the two methods which might be
used. '
Councilman Wilkinson made a motion, seconded by Councilman Russell
to instruct the administration to proceed with Boettcher and
Company and Demuth and Eiberger to take the necessary step to
form a downtown development authority with the obligations of
tax increment financing. Yeas: Councilmembers Bloom, Bowling,
Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Recommendation for Additional Reimbursement
toi:EDAW/JJR For Construction Administration
Approved
Followingare the Project Director's memorandunson this item:
"On May 23, 1977, by memo, I informed the Joint Venture of EDAW/JJR
that no services should be performed and billed to the City without
my express authorization. EDAW/JJR subsequently, through a series
of letter and memos, requested a blanket authorization of approxi-
mately $10,000 for a series of activities including visits by
Clarence Roy and a staff member from Michigan at hourly rates plus
expenses. They originally contemplated administration of construc-
tion services in the amount of $15,000. As you know from my memo,
I suggested a $5,000 limit and even within these parameters,
services would be incurred only with my authorization. As of
this date, EDAW/JJR has submitted billings of $2,486.98 against
Construction Administration services.*
Having reviewed the quality and cost of their services, I can
only reiterate to the City Council my recommendation that we
continue with the limitations outlined in my memo of May 23, 1977.
*We understand that EDAW/JJR has accumulated an additional approxi-
mate $5,000 in Construction Administration Services not yet billed
to use. We attempted, with no success, to obtain a statement
beyond the July 8th billing that brought us to the $2,486.98
cited above."
*********************
After discussing the above captioned matter with the City Manager,
I have initiated a Purchase Requisition in the amount of $5,000
to cover these services. Allow me to reiterate our understanding
of April 4, 1977,"minut'e' of which were suBse2juently sent to y6u"`
that all items to be charged to the City by EDAW require my
prior approval. '
159
September 20, 1977
Project Director Robert Ferluga then gave an oral report on the
request not to use the services of EDAW et. al. henceforth.
' City Attorney March clarified that the administration is not
recommending terminating their services, just not recommending
that the City use their services any longer.
Councilmembers took no formal action on this item but concurred
in the recommendation.
Adjournment
Mayor Bloom declared the meeting adjourned at 9:10 P.M.
IATTEST:
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