HomeMy WebLinkAboutMINUTES-06/21/1977-RegularI
June 21, 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, June 21, 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,
Gray, Russell, St. Croix, Suinn and Wilkinson.
Absent: Councilman Bowling.
Staff Members Present: Brunton, Parsons, Deibel, Thexton,
Lanspery, Krempel, Bingman, Kaplan,
and Lewis.
' Also: City Attorney Arthur March, Jr.
Ordinance Adopted on Second Reading Relating
to the Insulation Requirements to the Uniform
Building Code
Following is the City Manager's memorandum on this item:
"At its June 7 meeting the Fort Collins City Council adopted
Ordinance No. 59, 1977, on first reading. This ordinance,
dealing with proper insulation of buildings, has been discussed
on many occasions. The ordinance has been reviewed by staff
and the various boards and commissions."
Councilman Wilkinson made a motion, seconded by Councilman
Suinn to adopt Ordinance No. 59, 1977, on second reading.
Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn,
and Wilkinson. Nays: None.
THE MOTION CARRIED
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ORDINANCE NO. 59 , 1977
BEING AN ORDINANCE AMENDING THE UNIFORM
BUILDING CODE ADOPTED BY ARTICLE 1 OF
CHAPTER 38 OF THE CODE OF THE CITY OF FORT
COLLINS ADDING CHAPTER 53 RELATING TO
INSULATION REQUIREMENTS TO THE
UNIFORM BUILDING CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
That Section 38-2 of the Code of the City of Fort
Collins be, and the same hereby is, amended by adding thereto
an additional subsection R as follows:
"R. Chapter 53 is amended by deleting therefrom
the words: 'NO REQUIREMENTS', and by substituting
therefor the following:
"Chapter 53.
"INSULATION I
"Purpose
"Sec. 5301. The purpose of this chapter is to
provide standards and requirements for thermal insulation
for buildings in the City of Fort Collins in order to
conserve energy used in heating and cooling of such
buildings.
"Scope
"Sec. 5302. The standards set forth in this
chapter shall be minimum standards. Insulation meeting
or exceeding the minimum requirements contained in this
chapter shall be installed in all residential dwellings
(I and H occupancies) constructed within the City of
Fort Collins. All insulating material must conform to
the flame spread requirements of Uniform Building Code
Class I material.
"Definitions
"Sec. 5303. For the purpose of this Chapter 53,
the terms, phrases, words and thdir derivatives hereinafter '
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set forth shall have the meaning and be construed as
herein specified.
"A. B.T.U. or BRITISH THERMAL UNIT - the amount
of heat needed to raise the temperature of one pound
1°F. at sea level.
"B. 'K' VALUE - thermal conductivity is the
amount of heat (BTU's) transferred in one hour through
one square foot ofa homogenous material one inch thick
for a difference in temperature of 1°F.
"C. 'U' VALUE - this indicates the total or
overall transmission of heat (BTU's) in one hour per
square foot of area for a difference in temperature of
1°F. between the air on one side to the air on the
other side of any construction.
"D. A.S.H.R.A.E. - the initials for the American
Society of Heating, Refrigerating and Air Conditioning
Engineers.
"E. BUILDING - the term 'building' shall mean any
new structure built for occupancy of i or H as designated
in the Uniform Building Code.
"F. GLAZED OPENINGS - any openings covered with
transparent or translucent material.
"G. 'R' VALUE - this means the resistance of a
material to the passage of heat determined in accordance
with A.S.H.R.A.E. 'R' shall refer only to the insulating
material.
"H. ZONED - individual areas having their own
heat and control device.
"I. STORY - means the portion of a building
between a floor and another floor or roof.
"J. UNHEATED SPACE - any space which is not
provided with heat sufficient to raise the temperature
to 70°F. three (3) feet above the floor.
"K. HEATED SPACE - any space which is provided
with heat sufficient to raise the temperature to 70°F.
three (3) feet above the floor.
1
3
"Minimum Requirements of Insulation '
"Sec. 5304. Insulation installed pursuant to this
chapter shall meet the following minimum requirements.
"A. Walls.. Side wall insulation of a building
shall have an 'R' value of not less than R-11.
"EXCEPTION:
"l. Exterior foundation walls having no more
than 12" exposed above grade around the entire
perimeter need not be insulated.
"2. Walls above grade which are constructed
of wood, stone, adobe, brick masonry, or other
relatively dense materials having an installed
density in excess of 15 pounds per cubic foot
shall be deemed in compliance with this section.
"A-1. Walls of unheated spaces need not be insulated.
"EXCEPTION:
"l. Walls adjoining unheated spaces shall be
insulated as specified in A above.
"A-2. Foundation of slab on grade shall have a
perimeter insulation with a minimum 'R' value of 7 of a
material approved by the Chief Building Inspector.
This insulation material shall extend vertically two
(2) feet above grade on the side of the foundation
wall. Where the foundation wall comes in contact with
a concrete slab, there will be an expansion material of
not less than one-half (1/2) inch.
"B. Floors. Floors constructed over an unheated
crawl space shall be insulated with an 'R' value of not
less than R-11. This installation shall be made so
that the perimeter of the building at floor level will
comply with this requirement.
"B-1. Floors constructed over a garage and separating
the garage from living areas shall be insulated with an
'R' value of not less than R-11.
"B-2. Floors constructed over an unheated basement
shall be insulated with an 'R' value of not less than I
R-11.
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I "B-3. Floors separating living areas over heated
areas need not be insulated.
"EXCEPTION:
"1. It is recommended that floors separating
living areas and constructed over heated areas be
insulated with an 'R' value of not less than R-11
when the building is to utilize zoned heating.
"C. Ceilings. The roof ceiling of a building
shall have an 'R' value of not less than R-19.
"C-1. In cathedral, flat, and mansard roof/ceilings
where vapor barrier is used, there shall be one square
foot of ventilation space for every 300 square feet of
insulated area. Where there is no vapor barrier used,
the ventilation area shall be one square foot for every
one hundred fifty (150) square feet of insulated area.
"D. Openings. All glazed openings shall be
glazed with insulating glass as defined by A.S.H.R.A.E.
or shall be equipped with storm windows.
'
"EXCEPTION:
"l. Decorative windows shall not be required
to comply with this provision.,
"E. Caulking and Sealants. Exterior joints
around windows and door frames, between wall cavities
and window or door frames, between wall and foundation,
between wall and roof,.between wall panels, at penetration
or utility services through walls, floors, and roofs,
and all other openings in the exterior envelope shall
be caulked, gasketed, weather stripped, or otherwise
sealed.
"F. Vapor Barrier. No area requiring insulation
shall have more than one (1) vapor barrier.
"G. Installation. All insulating materials are
to be applied or installed in a workmanlike manner
complying with the manufacturer's recommendation.
Introduced, considered favorably on first reading, and
ordered published this 7th day of June, A.D. 1977, and to be
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presented for final passage on the 21st day of June, A.D.
1977.
ATTEST• Mayor
1
tyClerk
Passed and adopted on final reading this 21st day of
June, A.D. 1977.
ATTEST
� City Clerk 1
First Reading: June 7, 1977 (Vote: Yeas: 7 Nays: 0)
Second Reading: June 21, 1977 (Vote: Yeas: 6 Nays: 0)
Dates Published: June 12, 1977 and June 26, 1977
Attest:
City C er
Ordinance Adopted on Second Reading Designating
the Myron H. Akins Building as an Historic Landmark
Following is the City Manager's memorandum on this item:
"Ordinance No. 60, 1977, was adopted on first reading at the
June 7, 1977, Council meeting. This ordinance provides for
the Myron H. Akins Building located at 128-132 Laporte Avenue
to be designated as an historic landmark. The president of
the Grand American Fare has signed the consent to designate
this property as an historic landmark. It also has been
recommended for this designation by the Cultural Resources
Board."
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' Councilman Suinn made a motion, seconded by Councilman
St. Croix to adopt Ordinance No. 60, 1977, on second reading.
Yeas: Councilmembers Bloom, Gray, St. Croix, and Suinn.
Nays: Councilmembers Russell and Wilkinson.
THE MOTION CARRIED
ORDINANCE NO. 60 , 1977
BEING AN ORDINANCE DESIGNATING CERTAIN
PROPERTY AS A LANDMARK
WHEREAS, the Cultural Resources Board has recommended to
the City Council the designation of the property hereinafter
described as a landmark; and
WHEREAS, the owners of said property have consented to
the designation of the same as a landmark; and
WHEREAS, the City Council has reviewed the recommendation
of the Cultural Resources Board and desires to accept such
recommendation and designate said property as a landmark.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the structure known as the Myron H. Akins
Building, located on lands described as follows, to -wit:
East 12.50 feet of Lot 43, and all of Lots 44
and 45, in Block 22 of the City of Fort Collins;
be and the same hereby is, designated as a landmark in accordance
with the Ordinances of the City of Fort Collins.
Introduced, considered favorably on first reading, and
ordered published this 7th day of June, A.D. 1977, and to be
presented for final passage on the 21stday of June, A.D. 1977.
Mayor ,
ATTEST:
' City ler
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Passed and adopted on final reading this2lst day of June,
A.D. 1977. '
Mayor
ATTEST:
i
iyCer
First Reading: June 7, 1977 (Vote: Yeas: 5 Nays: 2)
Second Reading: June 21, 1977 (Vote: Yeas: 4 Nays: 2)
Dates Published: June 12, 1977 and June 26, 1977
Attest:
City Clerk
Ordinance Adopted on Second Reading Relating
to Zoning and Landscaping Requirements in R-H '
(High Density Residential), B-L (Limited Business),
and H-B (Highway Business) Zoning Districts.
Following is the City Manager's memorandum on this item:
"At its June 7, 1977, meeting the Fort Collins City Council
adopted Ordinance No. 61, 1977, on first reading. This ordinance
provides for the administrative review and approval of land-
scape plans. It also provides for appeals to the Planning
and Zoning Board and to the City Council. Before the ordinance
was adopted on first reading the administrative approval time
was changed from 5 to 14 days. It was also indicated that
there should be some manner of notifying the various developers
and builders. This approval is required prior to receiving
the Certificate of Occupancy."
Councilwoman Gray made a motion, seconded by Councilman
Wilkinson to adopt Ordinance No. 61, 1977, on second reading.
Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn,
and Wilkinson. Nays: None.
THE MOTION CARRIED
1
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z
' ORDINANCE NO. 61 , 1977
BEING AN ORDINANCE AMENDING ORDINANCE NO. 18,
1977, RELATING TO ZONING AND LANDSCAPE
REQUIREMENTS IN THE R-H (HIGH DENSITY
RESIDENTIAL), B-L (LIMITED BUSINESS) AND
H-B (HIGHWAY BUSINESS) ZONING DISTRICTS
I
I BE IT ORDAINED BY THE COUNCIL OF.THE CITY OF FORT
COLLINS:
Section 1. That Section 118-44I(1) of the Code of the
City of Fort Collins enacted by Section 2 of Ordinance No.
18, 1977, be, and the same hereby is, amended to read as
follows:
"I. Landscape requirements.
1ti "(1) Uses (5) through (20), inclusive, listed in
A above shall require that a landscape plan complying
with subparts (1) through (9), inclusive, of Section
118-83F(3)(b) of this Chapter shall be submitted and
approved by the City Administration. The City Administra-
tion shall take action to approve or disapprove of any _._.._
such plan within fourteen (14) days after the plan is subnitted
to the Building Inspection Department. Appeal from the
action of the City Administration may be taken by the
property owner to the Planning and Zoning Board by
filing a notice of appeal with the Building Inspection
Department. The property owner may further appeal the
decision of the Planning and Zoning Board to the City
Council by filing notice of appeal with the City Clerk.
Any notice of appeal shall be filed within seven (7)
days from the date the property owner is advised of the
final action of the City Administration or the date of
decision of the Planning and Zoning Board."
Section 2. That Section 118-61F(1) of the Code of the
City of Fort Collins enacted by Section 4 of Ordinance No.
18, 1977, be, and the same hereby is, amended to read as
follows:
"F. Landscape requirements.
"(1) Any use in this district shall require that
a landscape plan complying with subparts (1) through
(9), inclusive, of Section 118-83F(3)(b) of this Chapter
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shall be submitted and approved by the City Administra-
tion. The City Administration shall take action to
approve or disapprove any such plan within fourteen (14)
days after the plan is submitted to the Building Inspec-
tion Department. Appeal from the action of the City
Administration may be taken by the property owner to
the Planning and Zoning Board by filing a notice of
appeal with the Building Inspection Department. The
property owner may further appeal the decision of the
Planning and Zoning Board to the City Council by filing
notice of appeal with the City Clerk. Any notice of
appeal shall be filed within seven (7) days from the
date the property owner is advised of the final action
of the City Administration or the date of decision of
the Planning and Zoning Board."
. Introduced, considered favorably on first reading and
ordered published this 7th day of June, A.D. 1977, and to be
presented for final passage on the 21st day of June, A.D.
1977.
A ST-
ty Clerk
s L I -� 1
. `._
Passed and adopted on final reading this 21st day of
June, A.D. 1977.
ATTEST
ity Cler /
First Reading:
Second Reading:
Dates Published:
Attest:
June 7, 1977
June 21, 1977
June 12, 1977
(Vote:
(Vote:
and June 26,
1/71
/ i r � . --_
City Cler
Yeas:
Yeas:
1977
7, Nays: 0)
6, Nays; 0)
1
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Ordinance Adopted on Second Reading Relating
Ito Fees and Charges in Connection With
Improvement Districts
Following is the City Manager's memorandum on this item:
"Ordinance No. 62, 1977, was adopted on first reading at the
June 7, 1977, meeting. The present ordinance provides for
a 7% maximum fee to be charged for engineering in connection
with a special improvement district. This amount was adequate
providing City forces were doing the engineering work. However,
because of the work load and the urgency of some of the
property owners, we will have to go out and retain private
engineering consultants to do this work. We are receiving
estimates on the cost of various projects from 10 to 15%.
This ordinance provides for increasing the cost of engineering
not to exceed 15%. The maximum fees for legal, publication,
the cost of interest during construction, and cost of collection
remain the same. It is not mandatory nor do we charge the
maximum amounts."
Councilman St. Croix made a motion, seconded by Councilman
Wilkinson to adopt Ordinance No. 62, 1977, on second reading.
Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn,
and Wilkinson. Nays: None.
I
THE MOTION CARRIED
ORDINANCE NO. 62 , 1977
BEING AN ORDINANCE AMENDING SECTION 16-17
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO LOCAL PUBLIC IMPROVEMENTS
AND IMPROVEMENT DISTRICTS AND FEES
TO BE CHARGED IN CONNECTION THEREWITH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
That Section 16-17A of the Code of the City of Fort
Collins be, and the same hereby is, amended to read as
follows:
"A. Upon the completion of any local improvement
and acceptance thereof by the City Council, upon the
recommendation of the City Engineer, the City Engineer
shall prepare a statement showing the whole cost of the
improvement, including not to exceed fifteen percent
(15%) for engineering, five percent (5%) for legal and
publication, six percent (6%) for cost of interest
during construction and seven percent (7%) additional
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for cost of collection and of making the assessment and
certifying the same to the County Treasurer for collection,
and other incidentals, and including interest to the
next succeeding date upon which general taxes or the
first installment thereof are by the laws of the State
of Colorado made payable."
Introduced, considered favorably on first reading, and
ordered published this 7th day of June, A.D. 1977, and to be
presented for final passage on the 21st day of June, A.D.
1977.
ATTES r:
ity Clerk
Passed and adopted on final reading this 21st day of
June, A.D. 1977.
ATTEST
Ci y Clerk
First Reading:
Second Reading:
Dates Published:
Attest:
ty Cler
June 7, 1977
June 21, 1977
June 12, 1977
.! FNW-M, � FOR
(Vote: Yeas: 7, Nays: 0)
(Vote: Yeas: 6, Nays: 0)
and June 26, 1977
Ordinance Adopted on Second Reading Regarding
House Number Painting Permits
Following is the City Manager's memorandum on this item:
"Ordinance No. 63, 1977, was adopted on first
June 7, 1977, Council meeting. This ordinance
the Administration to issue the curb painting
of City Council approval. The petitioner has
to appeal to Council if the permit is denied."
reading at the
provides for
permits in lieu
the ability
1
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' Councilman Wilkinson made a motion, seconded by Councilman
Suinn to adopt Ordinance No. 63, 1977, on second reading.
Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn,
and Wilkinson. Nays: None.
THE MOTION CARRIED
ORDINANCE NO. 63 , 1977
BEING AN ORDINANCE AMENDING SECTIONS 95-78 AND 95-79
OF THE CODE OF THE CITY OF FORT COLLINS RELATING
TO PAINTING OF HOUSE NUMBERS ON CURBS
ON PUBLIC STREETS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. That Section 95-78 of the Code of the City
of Fort Collins be, and the same hereby is, amended by
' deleting therefrom the words "the Department of Community
Development" and by substituting therefor the words "the
Department of Engineering Services".
Section 2. That Section 95-79 of the Code of the City
of Fort Collins be, and the same hereby is, amended to read
as follows:
"§ 95-79. Application for permits.
"Any person desiring to obtain a permit to paint house
numbers on curbs pursuant to this article shall make
application for such permit to the Department of Engineering
Services on a form to be supplied by that department.
Such form shall indicate the disposition of any proceeds
realized from the painting of house numbers on curbs
and the method of soliciting for such work. The Depart-
ment of Engineering Services shall grant or deny such
application upon such conditions as it deems proper.
In acting upon applications for a permit, the Department
of Engineering Services shall give first preference to
organizations which use the proceeds realized for
charitable or eleemosynary purposes. If any applicant
for a permit under this article is dissatisfied with
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the action taken by the Department of Engineering '
Services, such applicant may appeal the decision of the
Department of Engineering Services to the City Council
by filing notice of appeal with the City Clerk within
ten (10) days after the Department of Engineering
Services notifies the applicant of its action on the
application."
Introduced, considered favorably on first reading and
ordered published this 7th day of T,,,,p , A.D. 1977,
and to be presented for final passage on the 21st day of
June A.D. 1977.
ATTEST 112 Mayor
City Clerk
Passed and adopted on final reading this 21st day of
June , A.D. 1977. '
AV ST Mayor
City Clerk
First Reading: June 7, 1977 (Vote: Yeas: 7, Nays: 0)
Second Reading: June 21, 1977 (Vote: Yeas: 6, Nays: 0)
Dates Published: June 12, 1977 and June 26, 1977
Attest:
City Clerk
Ordinance Adopted on Second Reading Relating
to Water Meters
Following is the City Manager's memorandum on this item:
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"Ordinance No. 64, 1977, was adopted on first reading at
' the June 7, 1977, meeting. This Ordinance provides that
all new connections should have service lines, a meter box,
and meter yoke regardless of whether the particular services
require a water meter. The cost of providing this type of
service is considerably less at this time than it would be
if installed later. At some stage in the future the City will
have to address the entire water meter issue."
Councilman Russell made a motion, seconded by Councilman
Wilkinson to adopt Ordinance No. 64, 1977, on second reading.
Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn,
and Wilkinson. Nays: None.
THE MOTION CARRIED
ORDINANCE NO. 64 , 1977
BEING AN ORDINANCE AMENDING SECTION 112-33
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO WATER METERS AND THE
CITY WATER UTILITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
That Section 112-33 of the Code of the City of Fort
Collins be, and the same hereby is, amended by adding thereto
an additional subsection E as follows:
"E. For all connections made to the City water
utility after July 15, 1977, there shall be installed
in the service line a meter box and meter yoke, regardless
of whether the particular service requires a water
meter. Such meter box and meter yoke shall meet the
specifications required for installation of water
meters where such meters are required by this article."
Introduced, considered favorably on first reading, and
ordered published this 7th day of June, A.D. 1977, and to be
presented for final passage on the 21st day of June, A.D.
1977.
-.a& xvo�
ATTES Mayor
ity Clerk
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Passed and adopted on final reading this 21st day of
June, A.D. 1977.
A ES .
City Clerk
First Reading: June 7, 1977 (Vote: Yeas: 7, Nays: 0)
Second Reading: June 21, 1977 (Vote: Yeas: 6, Nays: 0)
Dates Published: June 12, 1977 and June 26, 1977
Attest:
r
lty Ulerk
Ordinance Adopted on Second Reading Relating
to Water and Sewer Repay Agreements
Following is the City Manager's memorandum on this item:
"At its June 7, 1977, meeting the City Council adopted
Ordinance No. 65, 1977, on first reading. This ordinance
will provide for a repay agreement in connection with developers
who extend water and sewer lines across or pass another
person's property. The City does not guarantee that the
developer extending utility service will ever be repaid.
We do, however, guarantee that if anyone else connects
onto the service the installing developer receives a pro-
rata share of the cost of the improvements.
There will be a provision for a recovery above the actual
cost due to inflation. The Administration contemplates that
the actual factors will be established by rules and regulations
to be adopted by the Water Utility."
Councilman St. Croix stated that he was opposed to the
provision for recovery above actual cost due to inflation,
to be made to the developer.
Councilman Suinn made a motion, seconded.. by Councilman
Wilkinson to adopt Ordinance No. 65, 1977, on second reading.
Yeas: Councilmembers Bloom, Gray, Russell, Suinn, and
Wilkinson. Nays: Councilman St. Croix.
THE MOTION CARRIED
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1
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ORDINANCE NO. 65 , 1977
' BEING AN ORDINANCE MIENDING CHAPTER 112 (ARTICLES I
ANDJI) OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO THE WATER AND SEWER UTILITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Section 112-43 of the Code of the City of Fort
Collins be, and the same hereby is, amended to read as follows:
"When any person constructs a water line through undeveloped
areas to serve his property or constructs lines on the
perimeter of his property, the entire cost of such water
lines shall be paid by such person. If he has furnished
the city a recapitulation of the construction costs and
has entered into an agreement with the city within ninety
(90) days of the completion of such water lines, then, at
the time the property abutting such water line is developed
and connections are made to the water line, the city may
collect a charge per front -foot, and if so collected shall
reimburse the original installer to the extent of the
collection so made. The amount to be repaid to the person
may be the original cost to the person of the excess
extension plus -any amount added pursuant to the agreement
'
with the person to recognize the effects of inflation.
However, in no event shall the amount to be collected be
less than the original construction cost. A person's right
to reimbursement under the provisions of this section shall
not exceed a period of ten (10) years from execution of the
agreement. The City Council may approve an extension to the
agreement exceeding ten (10) years."
Section 2. That Section 112-72G of the Code of the City of
Fort Collins be, and the same hereby is, amended to read as follows:
"G. When any person constructs a sewer through undeveloped
areas to serve his property or constructs lines on the perimeter
of his property, the entire cost of such sewer lines shall
be paid by such person. If he has furnished the City a
recapitulation of the construction costs and has entered into
an agreement with the city within ninety (90) days of the
completion of such sewer lines, then, at the time the property
abutting such sewer is developed and connections are made
to the sewer, the city may collect a charge per front -foot,
and if so collected shall reimburse the original installer
to the extent of the collection so made. The amount to be
repaid to the person may be the original cost to the person
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of the excess extension plus :iuy amount added pursuant to
the agreement with the person to recognize the effects of
inflation. However, in no event shall the amount to be
collected by less than the original construction cost. A
person's right to reimbursement under the provisions of
this section shall not exceed a period of ten (10) years
from execution of the agreement. The City Council may
approve an extension to the agreement exceeding ten (10)
years."
Introduced, considered favorably on first reading, and ordered
published this 7th day of June , A.D. 1977, and to
be presented for final passage on the 21st day of June ,
A.D. 1977.
ATTEST:
et
''. City Clerk
Passed and adopted on final reading this 21st day of June, A.D.,
1977.
Mayor
ATTEST:
Citv Clerk
First Reading.:
Second Reading:
Dates Published
Attest:
City Clerk
June 7, 1977 (Vote: Yeas: 7, Nays: 0)
June 21, 1977 (Vote: Yeas: 5, Nays: 1)
June 12, 1977 and June 26, 1977
1
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Ordinance Adopted on Second Reading Relating
to Plant Investment Fees and Tap Charges in
the Water Utility
Following is the City Manager's memorandum on this item:
"At its June 7, 1977, meeting the Fort Collins City Council
adopted Ordinance No. 66, 1977 on first reading. This
ordinance provides for a 50% increase in the water investment
fee. This would place the City's rapid growth on a very
nearly self-sustaining basis with an estimated $8 million
in projected income over the next five and one-half years
to cover an estimated $10,578,000 in capital expenditure
relating to growth.
This proposed increase has been reviewed with representatives
of developers and received their concurrence. The Water Board
at their regular May meeting following a thorough review
recommended the increase to the Council.
This increase when compared with the surrounding cities,
districts, and larger cities in the state changed the Fort
Collins fee from just below average to just above average.
A number of intermediate -size cities near Denver have higher
fees."
Councilwoman Gray made a motion, seconded by Councilman
St. Croix to adopt Ordinance No. 66, 1977, on second reading.
Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn,
and Wilkinson. Nays: None.
THE MOTION CARRIED
ORDINANCE* NO. 66 , 1977
BEING AN ORDINANCE AMENDING SECTION 112-64
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO PLANT INVESTMENT FEES AND TAP
CHARGES REQUIRED TO CONNECT TO THE
CITY WATER UTILITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
That Section 112-64 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:
.259-
"Size of Tap
at Main
Exclusive of
Demand for
Metered Users
Flat Rate Users
Fire
Plant
Plant
Protection
Investment
Investment
(inches)
Fee
Fee
Tap Charge
3/4
$ 1,275.00
$ 1,100.00
$145.00
1
2,115.00
1,840.00
180.00
1-1/2
4,044.00
320.00
2
6,440.00
450.00
3
12,100.00
475.00
4.
20,250.00
475.00
6
43,925.00
650.00"
Introduced, considered favorably on first reading, and
ordered published this 7th day of June, A.D. 1977, and to be
presented for final passage on the 21st day.of June, A.D.
1977.
ATTEST -
City C erk
Mayor
Passed and adopted on final reading this 21st day of
June, A.D. 1977.
ATTES Mayor
ity Clerk
First Reading: June 7, 1977 (Vote: Yeas: 7, Nays: 0)
Second Reading: June 21, 1977 (Vote: Yeas: 6, Nays: 0)
Dates Published: June 12, 1977 and June 26, 1977
Attest:
City Clerk
1
L
-260-
Ordinance Adopted on Second Reading Relating
to Construction Rates for Water and Sanitary
Sewer Service
Following is the City Manager's memorandum on this item:
"Ordinance No. 67, 1977, was adopted on first reading at
the June 7, 1977, meeting. This ordinance will cause the
developer to pay half the applicable monthly water rate and
no monthly sewer rate prior to the issuance of an occupancy
permit by the Building Inspection Department. This action
will make billing more equitable.
In February, 1973, by Resolution 73-90, the City Council
initiated a policy whereby the minimum charge established
in the rate structure for utilities shall be imposed from
the date of granting any tap regardless of the time of
connection to the utility by the customer. This charge applies
to both water and sewer service. The intent of the Resolution
would discourage the wholesale purchase of taps prior to
an increase in the utility investment fee. The payment of
these fees is now timed to the taking of building permits
and the taps are purchased individually."
Councilman Suinn made a motion, seconded by Councilman
Russell to adopt Ordinance No. 67, 1977, on second reading.
Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn
and Wilkinson. Nays: None.
THE MOTION CARRIED
ORDINANCE N0. 67, 1977
BEING AN ORDINANCE AMENDING CHAPTER 112 OF
THE CODE OF THE CITY OF FORT COLLINS RELATING
TO RATES FOR WATER AND SANITARY SEWER SERVICE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. That Article I of Chapter 112 of the Code
of the City of Fort Collins be, and the same hereby is,
amended by adding thereto after Section 112-56 an additional
Section 112-56A as follows:
"S 112-56A. Construction rate.
"A construction rate for water service shall be charged
in connection with any new tap issued, which rate shall
apply from the time a water tap is granted in connection
with new construction until the time that occupancy of
the structure being constructed is permitted by the
Building Department. The construction rate shall be
-261-
one-half (1/2) of the applicable flat rate or minimum
metered rate unless the water delivered through the
meter for any billing period is in excess of the amount
allowed for the minimum charge, in which case the
normal meter rate will be the construction rate for
that billing period."
Section 2. Article II of Chapter 112 of the Code of
the City of Fort Collins is changed by adding after Section
112-82 an additional Section 112-82A as follows:
"S 112-82A. Construction rate.
"During the construction period for any structure for
which a sanitary sewer tap is issued, there shall be no
charge for the sewer tap and charges for sanitary sewer
service shall commence on the date occupancy of the
structure is permitted by the City Building Department.
(Exception - For any billing period during the time
before occupancy of the structure is permitted by the
Building Department when a charge for water service in
excess of the applicable minimum is made as provided in
S 112-56A, the applicable charge as provided in S 112-
82.tor sanitary sewer service shall be made." -
introduced, considered favorably on first reading, and
ordered published this nth day of June , A.D.
1977, and to be present�or final passage on t 21st day
of June , A.D.4977.
ATTEST
ty Ciler
Passed and adopted on final reading this
June , A.D. 1977. .
ATTES
C ty C
21st day of
1
1
-262--
1
First Reading:
Second Reading:
Dates Published
Attest:
i
ity cler
June 7, 1977
June 21, 1977
June 12, 1977
(Vote: Yeas: 7,
(Vote: Yeas: 6,
and June 26, 1977
Ordinance Adopted as Amended on Second
Reading Relating to Rates For
Water Service
Nays: 0)
Nays: 0)
Following is the City Manager's memorandum on this item:
"At its June 7, 1977, meeting the City Council adopted Ordinance
No. 68, 1977, on first reading. This Ordinance provides
for an approximate 25% increase in City water rates. The
water rates were last increased in 1973 and 1974. At that
time the Council was informed that an additional increase
of approximately 50% would have to take place in 1977 or
1978. The primary cause for the present proposed increase
is due to the Joe Wright Reservoir and other necessary capital
projects coupled with the increasing costs of treating and
delivering water.
This entire matter was discussed extensively at the May 24,
1977, Council work session. The Ordinance and the 6-year
projected budget are based upon a 3-month reserve."
City Attorney March stated that there had been a request in
the Water Utility to amend the Ordinance to correct some
figures.
Director of Water and Sewer Utilities, Roger Krempel, explained
that the figur.4e $4.50 in Section 1, Paragraph E, should be
changed to $50 and affects only small lots in the City. The
second change would amend Section 2 A (1) (b) by changing the
first figure in the Monthly Minimum Charge column from $4.70
to $4.65.
Councilman Suinn made a motion, seconded by Councilwoman Gray
to amend the Ordinance as proposed. Yeas: Councilmembers
Bloom, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays:
None.
THE MOTION CARRIED
-263-
Councilwoman Gray made a motion, seconded by Councilman '
Russell to adopt Ordinance No. 68, 1977, as amended on
second reading. Yeas: Councilmembers Bloom, Gray, Russell,
St. Croix, Suinn, and Wilkinson. Nays: None.
THE MOTION CARRIED
ORDINANCE NO. 68 , 1977
BEING AN ORDINANCE AMENDING SECTIONS 112-52
AND 112-55 OF THE CODE OF THE CITY OF FORT
COLLINS RELATING TO RATES FOR WATER SERVICE
THROUGH THE CITY WATER UTILITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Section 112-52 of the Code of the City of Fort
Collins be, and the same hereby is, amended to read as follows:
"J 112-52. Flat rates for unmetered water use.
"The following flat rates shall be charged on a monthly basis for
the use of water from the water utility when the use is not metered. '
"A. For each family living unit, four dollars and sixty-
five cents ($4.65).
"B. For each lot having an area between six thousand
(6,000) and nine thousand (9,000) square fee, an additional four
dollars ($4.00).
"C. For each lot having an area over nine thousand
(9,000) square feet, an additional eight cents ($0.08) per one
hundred (100) square feet in excess of nine thousand (9,000)
square feet.
"D. For each lot having an area under six thousand (6,000)
square feet, a deduction of eight cents ($0.08) per one hundred
(100) square feet under six thousand (6,000) square feet.
"E. The rate to be charged for such flat rate use shall be
the sum of the amounts determined pursuant to the applicable portions
of Subsections A through D above, except that no flat rate user
shall be charged less than the monthly minimum charge per family
living unit, which minimum shall be,five dollars and forty cents. .
($5.40).
-264-
Section 2. That Section 112-55A of the Code of the City of Fort Collins
be, and the same hereby is, amended to read as follows:
"S 112-55. Meter rate schedules.
"A. Schedule A: Inside City Metered Rates.
"(1) Minimum charge. The monthly minimum charge for
all metered users shall be as follows:
"(a) Residential customers, four dollars and
sixty-five cents ($4.65) for the first dwelling unit, and
two dollars and eighty cents ($2.80) for each additional
dwelling unit.
"(b) Nonresidential customers:
Meter Size Monthly
(in inches) Minimum Charge
3/4
$ 4.65
1
7.80
1 1/2
15.60
2
25.00
3
46.90
4
78.15
6
156.25
8
250.00
"(2) The minimum charge determined pursuant to Subsection
A(1) above will entitle any nonresidential user to two thousand (2,000)
gallons of water per month without additional charge and will entitle
any residential customer to two thousand (2,000) gallons of water per
month times the number of dwelling units served. The charge to be
made for all water taken through the meter after the allowance for
the minimum charge shall be charged for at the rate of thirty-eight
cents ($0.38) per one thousand (1,000) gallons."
Introduced, considered favorably on first reading and ordered published
this 7th day of June, A.D., 1977, and to be presented for final passage on the
21st day of June, A.D., 1977.
ATTEST:
City Clerk ,
-265-
Passed and adopted on final reading this 21st day of June, A.D., 1977.
ATTEST:
OIZ6� -Z'
City Clerk
wo"101
_�•�i
NA
First Reading: June 7, 1977 (Vote: Yeas: 7, Nays: 0)
Second Reading: June 21, 1977 (Vote: Yeas: 6, Nays: 0)
Dates Published: June 12, 1977 and June 26, 1977
Attest:
1.
City Clerk
Ordinance Tabled on Second Reading
Rezoning Part of the Miller -Wainwright
Associates Evergreen Park
Following is the City Manager's memorandum on this item:
"Ordinance No. 69, 1977, was adopted on first reading at
the June 7, 1977, meeting.
The Miller -Wainwright Associates Evergreen Park rezoning
consists of 75.8 acres located between College and Redwood
Street. The three properties involved are not contiguous.
This request is to rezone 41.056 acres from R-P (Planned
Residential District) to I-P (Industrial Park District).
This property is located south of the proposed Central Fort
Collins Expressway. The Planning and Zoning Board by a
five .to zero vote recommended for approval of the requested
rezoning."
City Manager Brunton stated that the whole Council had
received two letters from the Millers regarding development
in the north part of town. City Attorney March stated, for
the record, that as he understood the situation, the Council
was agreeable to the rezonings requested by the Millers
because of the establishment of the corridor. He stated
further, "If I understand their letter correctly, and some
statements that have been attributed to them, it would
appear that they intend to ignore the corridor and to go
ahead and press for development throughout the site, including
-266-
' the corridor. It would not seem to make sense to grant
them zoning which is premised on the expressway corridor
being located as it has been, and at the same time leave
them free to press for development of the corridor as well...
and I think they would have the right to press for development
until the state actually acquires that corridor for the
expressway. So, to the extent that your (City Council's)
action on these rezonings in the past was based on an under-
standing that the corridor was fixed, I think this matter
should be tabled until we reach an agreement setting out
the perimeters of the entire problem so that everybody knows
what we are doing and why we are doing it."
City Manager Brunton recommended that this item be tabled
to the June 28, 1977, work session.
Mayor Bloom declared that he would call a Special Meeting
for June 28, 1977.
Councilwoman Gray made a motion, seconded by Councilman
Wilkinson to table the second reading of this Ordinance
to the June 28, 1977, Adjourned Meeting. Yeas: Council -
members Bloom, Gray, Russell, St. Croix, and Wilkinson.
Nays: Councilman Suinn.
THE MOTION CARRIED
Ordinance Tabled on Second Reading Rezoning
a Portion of the Miller -Wainwright Associates
Evergreen Park
Councilman Wilkinson made a motion, seconded by Councilwoman
Gray to table Ordinance No. 70, 1977, on second reading
to the Adjourned Meeting of June 28, 1977. Yeas: Council -
members Bloom, Gray, Russell, St. Croix, and Wilkinson.
Nays: Councilman Suinn.
THE MOTION CARRIED
Ordinance Tabled on Second Reading Rezoning
Part of the Miller -Wainwright Associates
Evergreen Park
Councilwoman Gray made a motion, seconded by Councilman
Wilkinson to table Ordinance No. 71, 1977, on second reading
to the Adjourned Meeting of June 28, 1977. Yeas: Council -
members Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson.
Nays: None.
THE MOTION CARRIED
-267-
Ordinance Adopted on Second Reading Annexing '
the Greenwalt Tenth Annexation
Following is the City Manager's memorandum on this item:
"At the June 7, 1977, meeting the City Council adopted
Ordinance No. 72, 1977, on first reading. This Annexation
consists of 73.3 acres located at the southwest corner of
East Drake and Timberline Road. The requested zoning is
R-L (Low Density Multiple -Family District).
The Planning and Zoning Board's major concern is over the
City's overall annexation policy. The Board voted three
to three on the issue of annexation and zoning."
Councilman Wilkinson made a motion, seconded by Councilman
St. Croix to adopt Ordinance No. 72, 1977, on second reading.
Yeas: Councilmembers Bloom, Russell, St. Croix, and Wilkinson.
Nays: Councilmembers Gray and Suinn.
THE MOTION CARRIED
ORDINANCE NO. 72 , 1977
BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE '
GREENWALT TENTH ANNEXATION
TO THE CITY OF FORT COLLINS
WHEREAS, heretofore, a written petition, together with six prints
of an annexation map was filed with the City Clerk of the City of Fort
Collins requesting the annexation of certain territory more particularly
described below to the City; and
WHEREAS, the City Council has found and determined and does hereby
find and determine that said petition is in substantial compliance with the
provisions of Colorado Revised Statutes, 1973, Section 31-8-107 as amended;
and
WHEREAS, the owners of 100% of the property to be annexed have petitioned
for said annexation; and
WHEREAS, not less than one -sixth (1/6th) of the perimeter of the area
to be annexed is contiguous with the City of Fort Collins and a community of
interest exists between the territory to be annexed and the City of Fort
Collins and the territory to be annexed is urban or will be urbanized in the
near future and such territory is integrated or is capable of being integrated
with the City of Fort Collins; and
' WHEREAS, none of the provisions of Colorado Revised Statutes, 1973,
Section 31-8-105 as amended, are violated by the annexation of this territory
to the City; and
WHEREAS, no election is required under the provisions of Colorado Revised
Statutes, 1973, Section 31-8-107(2) as amended, and no additional terms and
conditions are to be imposed in connection with this annexation; and
WHEREAS, the territory is eligible for annexation and the City Council
desires to annex the same to the City of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That all of the territory more particularly described as
situate in the County of Larimer, State of Colorado, to -wit:
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 is contained within the boundary lines
which begin at the Northeast corner of said Section 30, an$
run thence along the East line of said Northeast 1/4, S 00
25' W 2648.49 feet to the East 1/4 corner of said Section 30;
thence along the South line of said Northeast 1/4, N 89 15'55"
W 1206.67 feet to the West right-of-way line of the Union
' Paci�ic Railroad; thence along said West right-of-way line,
N 00 25'15" E 2642.67 feet to the North line of said Northeast
1/4; thence along said North line, N 89°51'30" E 1206.50 feet
to the point of beginning, containing 73.2787 acres, more or less.
be and the same hereby is, annexed to the City of Fort Collins and made a part
of said City, to be known as the Greenwalt Tenth. Annexation.
Section 2. That in annexing said territory to the City of Fort Collins,
the City of Fort Collins does not assume any obligation respecting the
construction of water mains, sewer lines, gas mains, electric service lines,
streets or any other services or, utilities in connection with territory
hereby annexed except as may be provided by the ordinances of the City of
Fort Collins.
Section 3. Within ninety (_901 days from the date this ordinance becomes
effective, no building permit shall be issued for any of the lands herein
described unless said lands have been zoned under the zoning ordinances of
the City.
-269-
Introduced, considered favorably on first reading and ordered published
this 7th day of June, A.D, 1977, and to be presented for final passage
on the 21st day of June, A.D. 1977.
ATTEST:
City Clerk
Passed and adopted on final reading this2lst
ATTEST:
City Clerk
First Reading: June 7
Second Reading: June
Dates Published: June
Attest:
Aty cle
, 1977 (Vote:
21, 1977 (Vote:
12, 1977 and June
of June, A.D. 1977.
Yeas: 5, Nays: 2)
Yeas: 4, Nays: 2)
26, 1977
Ordinance Adopted on Second Reading Annexing
the Nelson Second Annexation
Following is the City Manager's memorandum on this item:
"The Nelson Second Annexation consists of 42.27 acres located
on the west side of Timberline Road immediately south of
the Greenwalt Tenth Annexation and north of the Platte River
Power site. The requested zoning in this case is I-P (Industrial
Park District). '
-270-
The Planning and Zoning Board had a three to three split
' vote on this issue annexation and zoning. Their reasons
are the same as for the Greenwalt Tenth Annexation."
Councilman St. Croix made a motion, seconded by Councilman
Wilkinson to adopt Ordinance No. 73, 1977, on second reading.
Yeas: Councilmembers Bloom, Russell, St. Croix, and Wilkinson.
Nays: Councilmembers Gray and Suinn.
THE MOTION CARRIED
BEING AN ORDONANCENCE ANNEOING ROPERTY7KNOWN AS THE
NELSON SECOND ANNEXATION
TO THE CITY OF FORT COLLINS
WHEREAS, heretofore, a written petition, together with.four prints
of an annexation map was filed with. the City Clerk of the City of Fort
Collins requesting the annexation of certain territory more particularly
described below to the City; and
WHEREAS, the City Council has found and determined and does hereby
find and determine that said petition is in substantial compliance with the
' provisions of Colorado Revised Statutes, 1973, Section 31-8-107 as amended;
and
WHEREAS, the owners of 100% of the property to be annexed have petitioned
for said annexation; and
WHEREAS, not less than one -sixth (1/6th) of the perimeter of the area
to be annexed is contiguous with the City of Fort Collins and a community of
interest exists between the territory to be annexed and the City of Fort
Collins and the territory to be annexed is urban or will be urbanized in the
near future and such territory is integrated or is capable of being integrated
with the City of Fort Collins; and
WHEREAS, none of the provisions of Colorado Revised Statutes, 1973,
Section 31-8-105 as amended, are violated by the annexation of this territory
to the City; and
WHEREAS, no election is required under the provisions of Colorado Revised
Statutes, 1973, Section 31-8-107(2) as amended, and no additional terms and
'conditions are to be imposed in connection with this annexation; and
WHEREAS, the territory is eligible for annexation and the City Council
desires to annex the same to the City of Fort Collins.
I
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
-271-
Section 1. That all of the territory more particularly described as I
situate in the County of Larimer, State of Colorado, to -wit:
A tract of land situate in the Southeast 1/4 of Section 30,
Township 7 North, Range 68 West of the Sixth P.M., Larimer
County, Colorado, which considering the East line of said Southeast
1/4 as bearing S 00 26'30" W and with all bearings contained
herein, relative thereto, is contained within the boundary lines
which begin at the East 1/4 corner of said Section 30 and run
thence along said East line S 00 26'30" W 1527.80 feet; thence
N 89 44'29" W 1205.87 feet to a point on the West right-of-way
line of the Union Pacific Railroad; thence along said West right-
of-way line, N 00°24'43" E 1525.19 feet to a point on the East-
West centerline gf said Section 30; thence along said East-West
centerline, S 89 51155" E 1206.67 feet to the point of beginning,
containing 42.2715 acres, more or less.
be and the same hereby is, annexed to the City of Fort Collins and made a part
of said City, to be known as the Nelson Second Annexation,
Section 2. That in annexing said territory to the City of Fort Collins,
the City of Fort Collins does not assume any obligation respecting the
construction of water mains, sewer lines, gas mains, electric service lines, '
streets or any other services or utilities in connection with territory
hereby annexed except as may be provided by the ordinances of the City of
Fort Collins.
Section 3. Within ninety (90) days from the date this ordinance becomes
effective, no building permit shall be issued for any of the lands herein
described unless said lands have been zoned under the zoning ordinances of
the City.
Introduced, considered favorably on first reading and ordered published
this 7th day of June, A.D. 1977, and to be presented for final passage
on the 21st day of June, A.D. 1977.
ATTES� ..
City Clerk
F
-272-
Passed and adopted on final reading this 2j#t days of June, A.D, 1977..
ATTEST:
r
tty er
First Reading: June 7, 1977 (Vote: Yeas: 5, Nays; 2)
Second Reading: June 21, 1977 (Vote: Yeas: 4, Nays: 2)
Dates Published: June 12, 1977 and June 26, 1977
Attest:
City Clerk
Ordinance Adopted on Second Reading Annexing
the Granada Heights Annexation
Following is the City Manager's memorandum on this item:
"Ordinance No. 74, 1977, was adopted on first reading at
the June 7, 1977, Council meeting.
This 23.8 acres is located on the north side of Vine Drive
west of North Shields Street. The petitioner had requested
R-M (Medium Density Residential District) and R-L-M (Low
Density Multiple -Family District) zoning. The staff recommended
for approval of the 17.3 acres for R-L-M zoning, but recommended
that the 6.5 acres be zoned R-M-P in lieu of the requested R-M.
The Planning and Zoning Board voted in favor of the annexation
and the staff recommendations concerning zoning designations."
Councilwoman Gray made a motion, seconded by
Russell to adopt Ordinance No. 74, 1977, on
Yeas: Councilmembers Bloom, Gray, Russell,
Wilkinson. Nays: Councilman Suinn.
THE MOTION CARRIED
Councilman
second reading.
St. Croix, and
-273-
14
ORDINANCE NO. 74, 1977
BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE
GRANADA HEIGHTS ANNEXATION
TO THE CITY OF FORT COLLINS
WHEREAS, heretofore, a written petition, together with four prints
of an annexation map was filed with the City Clerk of the City of Fort
Collins requesting the annexation of certain territory more particularly
described below to the City; and
WHEREAS, the City Council has found and determined and does hereby
find and determine that said petition is in substantial compliance with the
provisions of Colorado Revised Statutes, 1973, Section 31-8-107 as amended;
and
WHEREAS, the owners of 100% of the property to be annexed have petitioned
for said annexation; and
WHEREAS, not less than one -sixth (1/6th) of the perimeter of the area
to be annexed is contiguous with the City of Fort Collins and a community of
interest exists between the territory to be annexed and the City of Fort
Collins and the territory to be annexed is urban or will be urbanized in the
near future and such territory is integrated or is capable of being integrated
with the City of Fort Collins; and
WHEREAS, none of the provisions of Colorado Revised Statutes, 1973,
Section 31-8-105 as amended, are violated by the annexation of this territory
to the City; and
WHEREAS, no election is required under the provisions of Colorado Revised
Statutes, 1973, Section 31-8-107(2) as amended, and no additional terms and
conditions are to be imposed in connection with this annexation; and
WHEREAS, the territory is eligible for annexation and the City Council
desires to annex the same to the City of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That all of the territory more particularly described as
situate in the County of Larimer, State of Colorado, to -wit:
A tract of land situate in the Southeast 1/4 of Section 3,
Township 7 North, Range 69 West of the Sixth P.M., Larimer
County, Colorado, which considering the South line of the
said Southeast 1/4 as bearing due West and with all bearings
contained herein relative thereto is contained within the
boundary lines which begin at a point on the South line of
the said Southeast 1/4 which bears West 314.00 feet from the
Southeast corner of said Section 3 and run 8hence West 1017.00
feet along the said South line; thence N 00 06130" W 1240.63
feet along the West lone of the Southeast 1/4 of the said South-
east 1/4; thence S 65 38' E 1460.37 feet along the Southerly
right-of-way line of the Colorado and Southern Railroad; thence
i
-274-
S 00016'30" E 15.00 feet abong the East line of the said
So8theast 1/4; thence S 86 12' W b72.00 feet; thence N
73 25' W 198.35 feet; thence S 00 16'30" � 318.61 feet;
thence S 35 00' E 75.00 feet; thence S 00 16'30" E 286.86
feet to the point of beginning, containing 23,8389 Acres,
more or less..
be and it hereby is, annexed to the City of Fort Collins and made a part
of said City, to be known as the Granada Heights Annexation,
Section 2. That in annexing said territory to the City of Fort Collins,
the City of Fort Collins does not assume any obligation respecting the
construction of water mains, sewer lines, gas mains, electric service lines,
streets or any other services or utilities in connection with territory
hereby annexed except as may be provided by the ordinances of the City of
Fort Collins.
Section 3. Within ninety (90) days from the date this ordinance becomes
effective, no building permit shall be issued for any of the lands herein
described unless said lands have been zoned under the zoning ordinances of
the City.
Introduced, considered favorably on first reading and ordered published
this 7th day of June, A.D. 1977, and to be presented for final passage
on the 21st day of June, A.D, 1977.
ATTEST:
Passed and adopted on final reading this21st day of June, A.D. 1977,
ATTEST-
City Clerk
First Reading: June 7, 1977
' Second Reading: June 21, 1977
Dates Published: June 12, 1977
Attest:
City Clerk
-275-
(Vote: Yeas
(Votd: Yeas
and June 26,
4
7, Nays: 0)
5, Nays: 1)
1977
Ordinance Adopted on Second Reading Zoning
the Granada Heights Annexation '
Following is the City Manager's memorandum on this item:
"This Ordinance accomplishes the zoning for the Granada
Heights annexation. Although the petitioner originally
requested R-M zoning for a portion of the tract, the
petitioner agreed to R-M-P zoning for this portion at the
Planning and Zoning Board hearing and this was recommended
by the Board and the staff. On first reading the Council
amended the ordinance to provide R-M-P Zoning for the portion
originally requested for R-M. The remainder of the tract
is zoned R-L-M."
Councilman Wilkinson made a motion, seconded by Councilman
Suinn to adopt Ordinance No. 75, 1977, on second reading.
Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn
and Wilkinson. Nays: None.
THE MOTION CARRIED
ORDINANCE NO. 75 , 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 KNOWN AS THE GRANADA HEIGHTS 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 Granada
Heights Annexation to the City of Fort Collins, Colorado, in the
R-M-P, Medium Density Planned Residential District and. the R-L-M,_Low Density
Multiple -Family District, as follows:
Cal R-M-P, Medium Density Planned Residential District
A tract of land situate in the Southeast 1/4 of Section 3,
Township 7 North, Range 69 West of the Sixth P.M.,
Larimer County, Colorado, which considering the south
line of the said Southeast 1/4 as bearing due West and
with all bearings contained herein, relative thereto,
is contained within the boundary lines which begin at
a point on the said South line which bears West 314.00
feet from the Southeast corner of said Section 3 and run
thence West 320.00 feet along said South line; thence N '
00 16'30" W 925.90 feet; thence S 65 38' E 697.51 feet
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along the Southerly line of the Colorado and Southern
' Railroad; thence S 00 16'30" E 15.00 feet along the East
line of the said Rutheast 1/4; thence S 86 12' � 172.00
feet; thence N 73 25' W 19g.35 feet; thence S 00 16130"
E g18.61 feet; thence S 35 00' E 75.00 feet; thence S
00 16'30" E 286.86 feet to the point of beginning, con-
taining 6.5441 acres, more or less.
(bl R-L-M, Low Density Multiple -Family District.
A tract of land situate in the Southeast 1/4 of Section 3,
Township 7 North, Range 69 West of the Sixth P.M.,
Larimer County, Colorado, which considering the South line
of the said Southeast 1/4 as bearing due West and with all
bearings contained herein, relative thereto, is contained
within the boundary lines which begin at a point on the
said South line which bears West 634.00 feet from the South-
east corner of said Section 3 and run t�ence West 697.00
feet along said South line; thence N 00 06'30" W 1240.63
feet along the West line og the Southeast 1/4 of the said
Southeast 1/4; thence S 65 38' E 762.86 feet along the
Southerly right-of-wat line of the Colorado and Southern
Railroad; thence S 00 16130" E 925.90 feet to the point of
beginning. containing 17.2948 acres, more or less.
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 7th day of June, AD. 1977, and to 6e presented for
Passed and adopted on final reading this2lst day of June, A.D. 1977.
ATTEST:
1
City Clerk
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First Reading:
Second Reading:
Dates Published
Attest:
City Clerk
June 7, 1977
June 21, 1977
June 12, 1977
(Vote: Yeas:
(Vote: Yeas:
and June 26,
7, Nays: 0)
6, Nays: 0)
1977
Ordinance Adopted on Second Reading Creating
and Organizing Consolidated Street Improvement
District No. 72
Following is the City Manager's memorandum on this item:
"Ordinance No. 76, 1977, was adopted on first reading at
the June 7, 1977, Council meeting,. This Ordinance provides
for the formation of a Street Improvement District to
improve Drake Road from approximately Stover Street east to
Lemay Avenue, and Lemay Avenue from Drake Road south to the
point where Lemay is already improved to City specifications.
At its May 3, 1977, meeting the City Council passed the
necessary resolutions to initiate proceedings for formation
of a Street Improvement District. In the meantime, staff
met with Everitt Enterprises, Inc., the developer of a
substantial portion of the lands abutting Lemay Avenue.
Because of different ownerships within their lands and the
difficulty of handling assessment districts in areas where
subdivisions are being developed, it was agreed that the
street adjoining these lands be excluded from the Improvement
District. Instead, an agreement was negotiated under which
the improvements adjoining the Everitt lands will be paid
for and constructed at the same time as the District improve-
ments, but the funding will be provided directly by Everitt
on a cash basis."
Mayor Bloom stated that he would like the record to show
that on this item and the next, that he had turned the
meeting over to Councilman Suinn.
Councilman St. Croix made a motion, seconded by Councilwoman
Gray to adopt Ordinance No. 76, 1977, on second reading.
Yeas: Councilmembers Gray, Russell, St. Croix, Suinn, and
Wilkinson. Nays: None. (Councilman Bloom out of room)
THE MOTION CARRIED
1
1
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' ORDINANCE NO. 76 , 1977
BEING AN ORDINANCE RELATING TO THE CREATION AND ORGAN-
IZATION OF CONSOLIDATED STREET IMPROVEMENT DISTRICT NO.
72, 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 has received the necessary
reports, given the required notice and held a hearing as
required by the Ordinances of the City; and
° WHEREAS, the Director of Engineering Services has
recommended to the City Council that portions of the proposed
improvements be deleted from the district, such portions
being the improvement of that portion of the West side of
' Lemay Avenue from the intersection of Lemay Avenue with the
North line of Scotch Pines Fourth Filing, South to the
intersection of Lemay Avenue with the South line of Replat
of Tract N, Southmoor Village, Fourth Filing, and the improve-
ment of the East side of Lemay Avenue from the West 1/4
corner of Section 30, Township 7 North, Range 68 West of the
6th P.M. to a point 1,313 feet South of such West 1/4 corner;
and
WHEREAS, the City Council is of the opinion that the
recommendation of the Director of Engineering Services
should be followed and that it is in the best interests of
the City of Fort Collins to form said special improvement
district for the purpose of installing the improvements on
the remaining portions of the proposed district as hereinafter
described.
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 Consolidated Improvement District No. 72 (hereinafter
' sometimes referred to as "the district") comprised of the
property described on Exhibit "A" attached -hereto.
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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 (5%) the City
Engineer's estimate heretofore accepted of $335,560.34 ,
exclusive of the expense of collection, legal, advertising,
engineering, financing, interest during construction and
other incidentals, and that said total cost together with
such expense of collection, legal, advertising, engineering,
financing, interest during construction and other incidentals
(17% of the cost of such improvements) shall be assessed
against the property in said district in the manner set
forth on Exhibit "A" attached hereto 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
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,
except for that portion of Lemay Avenue no longer included
in the district.
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
shall be created, shall have been duly paid, satisfied and
discharged as herein provided.
0
Introduced, considered
ordered published this 7th
presented for final passage
1977.
ATTEST:
City C erk
favorably on first reading, and
day of June, A.D. 1977, and to be
on the 21st dAy of June, A.D.
Passed and adopted on final reading this 21st day of
June, A.D. 1977.
ATTEST:
- xoo�0-14rld
City Clerk
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EXHIBIT A '
ORDINANCE NO. 76_, 1977
CONSOLIDATED STREET IMPROVEMENT DISTRICT NO. 72
A. Description of property specially benefited by the
improvements to be installed in the district and to be
assessed for the costs incurred in making said improvements:
All property abutting the streets to be improved in the
district as follows:
(1) The North 1/2 of Drake Road from -Stover
Street East to the East boundary of the Cottonwood
Subdivision.
(2) The South 1/2 of Drake Road from the East
boundary of Scotch Pines Subdivision, Sixth Filing,
East to Lemay Avenue.
(3) The West 1/2 of Lemay Avenue from the inter- I
section of Lemay Avenue with the North line of Scotch
Pines, Fourth Filing, North to Drake Road.
(4) The East 1/2 of Lemay Avenue from Drake Road
South to a point 1,596.64 feet North of the West 1/4 of
Section 30, Township 7 North, Range 68 West of the 6th
P.M.
B. Improvements to be installed in the district consist of:
Installation of concrete curb, gutter and sidewalk,
asphalt street pavement, street lighting and storm
drainage facilities.
C. The cost of making the improvements in the district
shall be assessed against the assessable property in the
district as follows:
Upon all of the lots and lands abutting on the streets
improved in proportion as the frontage of each lot or
tract of land is to the frontage of all lots and lands
so improved, with each street specifically itemized in
A above to be considered a separate unit for purposes
of assessment. '
"W.I' :A
First Reading: June 7, 1977 (Vote: Yeas: 7, Nays: 0)
Second Reading: June 21, 1977 (Vote: Yeas: 5, Nays: 0)
Dates Published: June 12, 1977 and June 26, 1977
'
Attest:
City C er
Ordinance Adopted on First Reading Vacating
a Portion of the Right of Way of Drake Road
and a Portion of Right of Way of Lemay Avenue
Following is the City Manager's memorandum on this item:
"At the June 7, 1977, meeting the City Council discussed
the possible vacation of part of Drake Road and Lemay Avenue
to Woodward Governor. Woodward Governor would like to
put a decorative fence on the property line or immediately
adjacent to the sidewalk. This would require a vacation
of approximately two and one-half feet on Lemay Avenue
and four and one-half on Drake Road. This vacation would
help the ground maintenance program and also resolve the
liability question. At the June 7 meeting the Council
e
directed the City Attorney to prepare an ordinance vacating
the aforementioned property."
City Attorney March reported that he had been informed
that there may be some utilities now within the area being
vacated. In any event, street lights will need to be
installed. He therefore recommended passage of the Ordinance
and that the required easement will be procured.
Councilman Wilkinson made a motion, seconded by Councilman
St. Croix to adopt Ordinance No. 77, 1977, on first reading.
Yeas: Councilmembers Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None. (Councilman Bloom out of room)
THE MOTION CARRIED
Ordinance Adopted on First Reading Zoning
the Greenwalt Tenth Annexation
Following is the City Manager's memorandum on this item:
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"It is anticipated that the Council will adopt Ordinance
No. 72, 1977, annexing the Greenwalt Tenth Annexation on
second reading at the June 21, 1977, meeting. The requested
zoning is R-L (Low Density Multiple -Family District)."
Councilman St. Croix made a motion, seconded by Councilwoman
Gray to adopt Ordinance No. 78, 1977, on first reading.
Yeas: Councilmembers Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None. (Councilman Bloom out of room.)
THE MOTION CARRIED
Ordinance Defeated on First Reading Zoning
the Nelson Second Annexation
Following is the City Manager's memorandum on this item:
"Ordinance No. 73, 1977, provides for the annexation of the
Nelson Second Annexation. The requested zoning is for
I-P (Industrial Park District). Again, the Planning and
Zoning Board had a three to three split vote on this issue
of annexation and did not pass on the zoning question."
Councilman Suinn made a motion, seconded by Councilman
St. Croix to adopt Ordinance No. 79, 1977, on first reading
Yeas: Councilmembers St. Croix and Suinn. Nays: Council -
members Bloom, Gray, Russell, and Wilkinson.
THE MOTION WAS DEFEATED
Ordinance Adopted on First Reading Relating
to Utility Investment Fees and Tap Charges
Required to Connect to City Sewer Utility
Following is the City Manager's memorandum on this item:
"The City Council previously directed us to annually review
and make recommendations with regard to the sewer and water
utility investment fees. Because of the substantial capital
improvement program undertaken by the Water Utility Department,
the water utility investment fee must be drastically increased.
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' There is less of a need at this time for a major increase
in the sewer utility investment fee. Enclosed is a memo-
randum from Roger E. Krempel, Water Utility Director, in
regard to this matter. If and when the discharge provisions
of Federal law go into existence, we will have to re-evaluate
all fees and charges.
The developer's committee of the Fort Collins Water Board
and the Board as a whole both reviewed the staff's
recommendations with regard to increases in sewer utility
investment fee. We used the Engineering News Record Index
in our analysis, and the recommended change is a 15.27%
increase."
Councilman Wilkinson made a motion, seconded by Councilwoman
Gray to adopt Ordinance No. 85, 1977, on first reading.
Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn
and Wilkinson. Nays: None
THE MOTION CARRIED
Change in Name of Public Property Approved
' Following is the City Manager's memorandum on this item:
"At its June 5, 1977, meeting the Cultural Resources Board
discussed the conflict between the Lincoln Park site of
our new Library and Museum and the Lincoln Community Center
(old Lincoln Junior High School site). The Cultural
Resources Board recommended that Lincoln Park be changed
to Pioneer Park, and that the site of the indoor swimming
pool and Lincoln Community Center be changed to Lincoln
Park."
Councilman Suinn made a motion, seconded by Councilman
Russell that the current site of the indoor swimming pool
and the Lincoln Community Center be changed to Lincoln
Square. Yeas: Councilmembers Bloom, Russell, St. Croix,
Suinn and Wilkinson. Nays: Councilmember Gray.
THE MOTION CARRIED
Councilman St. Croix made a motion, seconded by Councilman
Wilkinson that the site of the Library (Lincoln Park) be
changed to Library Park. Yeas: Councilmembers Bloom,
Russell, St. Croix, and Wilkinson. Nays: Councilmembers
' Gray and Suinn.
THE MOTION CARRIED
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Approval of Policies on Accepting Gifts and '
Loans at the Various Fort Collins Community
Cultural Centers Granted
Following is the City Manager's memorandum and recommendation
and the memorandum from the Cultural Resources Board:
"Enclosed is a memorandum from our Cultural Resources Board
regarding the acceptance of gifts and loans for exhibits
and artifacts. This is an excellent policy. We definitely
need guidelines as to what gifts and loans should be accepted
at the Lincoln Community Center, the Fort Collins Community
Building, or other facilities under the advisory respons-
ibility of the Cultural Resources Board. It should be
remembered that the Cultural Resources Board is an advisory
body and not an administrative board; however, in such areas
they can accomplish a more thorough coordinated job. As:
is our policy, everyone has a right to appeal to the City
Council.
Recommendation: The Administration recommends that the
City Council approve the recommendations of the Cultural
Resources Board establishing the policy with regard to the
acceptance of gifts and loans." '
DATE: June 16, 1977
TO: Robert L. Brunton, City Manager
Members of City Council of Fort Collins
FROM: Ellen Perry Thexton, Cultural Resources Director
RE: Proposal for Accepting Gifts and Loans
wing
emendinguof the motioneofiMay 25, 19771wasamadesbyrMarthaaTrimblefand olloseconded
by Frank Johnson, to read:
That the Cultural Resources Board reserve the privilege and
right to accept, reject, or suggest a modification of any offer
of a gift, a show, showing or exhibit, or an amenity for the Lincoln
Community Center, the Fort Collins Museum, or any other facility
under the aegis of the Cultural Resources Board, unless the
proposal is submitted to the Cultural Resources Board and judged
by the Board and/or appointed consultants to be appropriate
and aesthetically harmonious to the facility.
The g of
bthe members
he
Ray Dixon,nFranktJohnson, Jack Curfman, CharleslHagemeister, MarthaeTrimble, '
Gary Hixon.
' Mayor Bloom spoke against the Cultural Resources Board
being the sole body to have the right to accept, reject,
etc., of gifts and he felt it should be an administrative
responsibility.
Cultural Resources Director Ellen Thexton spoke to the
desired objectives of the policy.
Councilwoman Gray made a motion, seconded by Councilman
Suinn to approve the recommendation that the Cultural
Resources Board and the Administration establish a policy
with regard to the acceptance of gifts and loans, with
the provision for appeal to the City Council. Yeas:
Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
THE MOTION CARRIED
Rate Schedule for Ludlow Room at
Lincoln Community Center Approved
Following is the City Manager's memorandum on this item:
' At its June 15, 1977, meeting the Cultural Resources Board
discussed the rental rates for the Lincoln Community
Center. This rate schedule and other financial matters at
the Lincoln Community Center has been discussed with Ellen
Thexton, our Cultural Affairs Director, and the administrative
staff. We all concur that the rate schedule is equitable
and in line with our cost figures.
Since we will be opening the Ludlow Room in the near future,
we have to adopt the rate schedule immediately. Also, by
adopting the rate schedule now for the major auditorium
and other facilities in the Lincoln Community Center, it
will give groups a chance to evaluate and plan their programs
for future years. Many programs of this type are planned
and scheduled well in advance.
At the same time, we discussed the Ludlow Room and Lincoln
Community rates as they compare with the fees charged at
our Library and the Fort Collins Community Building. The
proposed rate is compatible to both of these buildings
taking into account that this facility will cater to a
different clientele and provide a different type of service."
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City Manager
Brunton pointed out changes in
rental rates
as follows:
'
LINCOLN COMMUNITY CENTER
RENTAL RATES
Set -Up Fee --
Ludlow (Min. 2hr./Max. 4 hr.)
Communit Rate
Commercia Rate
add 20%)
Meeting Rooms
Small
$10.00
Medium
15.00
Lounge
20.00
All three
45.00
Conference -- per day
Small, approx. 20 $ 30.00
Medium, approx. 70 60.00
Lounge, approx. 70 80.00
All three 170.00
Special Equipment, i.e. sound, lighting -- based on requirements
Community: Any non-profit organization furthering social, '
educational, intellectual, cultural or
recreational interests shall be considered a
community group.
Commercial: Profit making organization, which collects monies
to be used for its own behalf. This includes
business organizations, training conferences
for private, corporate or business concerns,
fund-raising functions.
Individual: No part of Lincoln Community Center shall be
rented to an individual.
City Manager Brunton stated that the Chamber had requested
that they be allowed to provide input into the rates. The
Administration would like approval of the rates for the
Ludlow Room but would be willing to wait for the rest of
the rates until the July 19, 1977, meeting.
Councilwoman Gray stated that she hoped that Community
Organization would receive the deferential at this rate
or maybe even a higher deferential. '
1
Councilman St. Croix made a motion, seconded by Councilman
Suinn to approve the rate schedule for the Ludlow Room,
and that the recommendations as far as the Lincoln Community
Center be tabled for 30 days. Yeas: Councilmembers Bloom,
Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Lincoln Community Center Policy Tabled
City Manager Brunton requested that this item be tabled
for 30 days as well as the previous item.
Councilman Wilkinson made a motion, seconded by Councilman
Suinn to table this item for 30 days. Yeas: Councilmembers
Bloom, Russell, Suinn, St. Croix, and Wilkinson. Nays:
Councilwoman Gray.
THE MOTION CARRIED
Bids on Planting, Excavation and
Fill in Connection with the Downtown
Redevelopment Project
Following is the City Manager's memorandum and recommendation
on this item:
"On June 13, 1977, the City opened bids for the planting,
excavation and fill in connection with the Downtown
Redevelopment Project. Listed below is a tabulation of
the four bidders including their total price and their
additions or deletions for moving cubic yards of fill:
Randall and Blake $48,362 $11.00
Owura Landscape 87,782 16.67
Valley Crest Land 62,964 14.50
Bath Landscape 47,000 10.55
The estimated cost for this work was $60,250. All bid items
were in order.
Recommendation: The Administration recommends that the City
Council awar the bid to Bath Landscape, Inc., at a bid of
$47,000 with an addition or deletion of $10.55 per cubic
yard for either more or less fill in connection with the
project."
Councilman St. Croix made a motion, seconded by Councilman t
Suinn to adopt the recommendation of the Administration.
Yeas: Councilmembers Bloom, Gray, Russell, St. Croix and
Suinn. Nays: None. (Councilman Wilkinson out of room.)
THE MOTION CARRIED
Ordinance Adopted on First Reading Requiring
a Franchise to Maintain Electrical Facilities
in the City Right of Way
Following is the City Manager's memorandum on this item:
At its May 17, 1977, meeting the. City Council tabled consideration of first
reading of Ordinance No. 57, 1977, until June 21, 1977. The staff was
directed to prepare a report on meetings between the City, REA, and Public
Service.
On Monday, May 23, 1977, I met with Leon Wick , General Manager of Poudre valley
REA, and Robert Moninger, Manager for the northern division of Public Service
Company of Colorado. This meeting was requested by Moninger in order to
express their positions and discuss their negotiations to date with Arthur
March, Jr., City Attorney, Stan Case; Light and Power Director, and Bob Kost, '
Senior Electrical Engineer. For the May 31, 1977, Council work session, the
Light and Power Department prepared a report entitled, "History on Electric
Take -Over Agreements and Procedures. Mr. Case and Mr. Kost reviewed the
report at this meeting. The purpose of this meeting was to provide the
Council background information on the entire problem. It was not intended
for public input, although both Mr. Moninger and Mr. Wick were notified
about the meeting.
On Monday, June 13, Art March, Bob Kost, and I met with Robert Moninger and
two other representatives of Public Service Company. On Tuesday, June 14,
1977, the three of us met with Leon Wick , General Manager of Poudre valley
REA, and Warren H. Price, Attorney representing REA. Although no final
agreements were reached, the discussions with both REA and PSC were productive
and the Administration feels that agreements for changing over service upon
annexation may eventually be reached. This will undoubtedly require that both
sides compromise somewhat their present positions.
It has been and is the opinion of the City Attorney that this ordinance and
the companion Ordinance No. 58 would be desirable, even if we already had work-
ing agreements with REA and PSC. Ordinance No. 57 will require a franchise to
establish or maintain electrical facilities within the public right 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 principal reasons for requiring this franchise are as follows:
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' 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 reconstruction
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.
It is felt that the franchise requirement is not oppressive to the other utili-
ties, but is a safeguard of community needs, This ordinance does not actually
determine the terms of any franchise, but rather is the enabling ordinance
which establishes this requirement. The actual franchise would result from
negotiations with each utility.
The other issue of take-over agreements and franchises will be discussed in
more detail with Ordinance No. 58.
Donald D. Cawelli, Attorney for Public Service Company,
presented the company's position and outlined their proposed
take-over costs. He further requested this Ordinance not
' be adopted.
Mr. Leon Wick, of REA spoke in opposition to this Ordinance
and the one following.
Councilwoman Gray made a motion, seconded by Councilman
St. Croix to adopt Ordinance No. 57, 1977, on first reading.
Councilman Suinn made a motion to table Ordinance No. 57,
1977 to July 5, 1977. Mayor Bloom declared the motion denied
for a lack of a second. He then put the pending motion with
the following vote. Yeas: Councilmembers Bloom, Gray,
Russell, St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted on First Reading Requiring
a Franchise to Furnish Electric Service Within
the City
Following is the City Manager's memorandum on this item:
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At its May 17, 1977, meeting the City Council tabled consideration of Ordinance '
No. 58, 1977, until the June 21, 1977, meeting.
As was mentioned in the memo accompanying Ordinance No. 57, 1977, I met with
Leon Wick and Robert Moninger on May 23, 1977; and Art March, City Attorney,
Bob Kost, Senior Electrical Engineer, and I met with Moninger and other
representatives of Public Service Company on Monday, June 13, and with Leon
Wick and other Poudre Valley REA representatives on Tuesday, June 14, 1977.
Ordinance No. 58, 1977, requires a franchise to furnish electrical service
within the city. It has been the City's position that our Light and Power
Department should provide electrical utility services to all customers within
city limits. We do not normally serve customers outside the city limits
unless there are unusual circumstances or prior service agreements. At the
present time, we serve approximately 132 customers outside the City limits.
Primarily, this results from territory which the City began serving at the time
it acquired the municipal system from PSC. PSC has indicated they are now
serving 52 customers within City limits. Presumably these customers are in
recently annexed areas which would normally change over to City service within
a short time period. To be compatible and consistent with the Charter, there
should be no other electric utility providing service within the City limits,
at least without a franchise. The proposed ordinance will state in ordinance
form this basic premise. The issue of whether any franchise should ever be
granted to another utility to serve within the City is a more complex issue
but not an issue that is addressed at this time. '
Although Public Service Company, Poudre Valley REA, and the City are willing to
negotiate, I think it is difficult to reach any meaningful agreement until
some basic philosophical and legal arguments are resolved. Both REA and Public
Service feel they have certificated areas that are theirs by right whether
or not the City annexes them. Our City Attorney contends that once property
is annexed to the City, the two aforementioned companies do not have legal
rights to provide service to these customers unless franchised to provide such
service. Unless an agreement can be negotiated, this issue can only be
resolved by a court decision. It appears that both sides are now firm in their
Position and unless this changes,a court decision will be the only solution.
In any event, the proposed ordinance is desirable since it sets forth the
City's position and establishes it in ordinance form. Without this ordinance,
it is difficult to properly present the city's position if court action does
occur and it is also difficult to negotiate.
The foregoing is not intended to indicate that a negotiated solution is not
Possible. At this time the parties are substantially apart, but this is not
to indicate that compromise on both sides is not possible and we feel that a
negotiated solution is feasible. The City has always recognized its obligation
to pay for any facilities which it takes over in assuming the rights to serve '
an area. This agreement centers around the question of whether payment should
-292-
' be made for loss of utility customers to the utility formerly providing the
service. Legally stated, such a payment would be categorized as severance dam-
ages to the remainder of the former utility's system. The amount of such
damage is difficult to estimate even if one concedes that there should be
payment for the same. The other two utilities are requesting that a payment be
made based upon the revenue being received by them from service at the time
of take over. From the City's standpoint if an agreement could be negotiated
which assured the City that the systems taken over would be installed in
accordance with the City's construction policies, this would substantially
benefit the ultimate customer and justify some payment in addition to the cost
of facilities. The figure to be applied to the revenue in order to determine
the amount to be paid is the principal area of disagreement with requests
ranging from six times annual revenue or $500 per acre to one year's annual
revenue. Even at one year's annual revenue the cost to the City utility could
be very substantial and very hard to justify if the City is correct in its
position that it has the right to serve newly annexed areas.
As indicated above, we anticipate that negotiations will continue on•ithisi
issue but, in any event, the ordinance should be adopted in order to more clearly
state the City's position and the basis for the same.
The ordinance provides for a 90-day period within which to cease serving or
obtain a franchise after annexation. This period of time may not be realistic
and a six-month period would seem more appropriate.
' Recommendation: Since this ordinance was tabled until June 21, 1977, it is
automatically on the agenda and does not need to be removed from the table.
It is the Administration's recommendation that the Council amend the ordinance
by changing the 90-day period set forth in Section 4 to 180 days. After such
amendment, the Administration recommends that the ordinance be adopted on first
reading.
Councilwoman Gray made a motion, seconded by Councilman
Suinn to adopt Ordinance No. 58, 1977, on first reading.
Yeas: Councilmembers Bloom, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Various Deeds and Easements Accepted
Following is the City Manager's memorandum and recommendation
on this item:
"(1) Easement Agreement
with Everitt
Enter rises for a
sidewalk at the Lemay Avenue Ox
Ord
r Ln ae area in
Southmoor Village,
Third Filing
in connection with
'
Street Improvement
Consideration: $1.00
District No.
72.
293-
(2) Dedication Deed from Joe M. Prosser for the install- '
ation, maintenance, servicing and reinstallation of
utility lines and facilities along the north edge of
Lot 184, Indian Hills Subdivision, Eighth Filing at
the corner of Lemay and Dartmouth Trail.
Consideration: None.
(3) Easement from Poudre Valley Hospital District for the
installation and continued operation, maintenance,
repair, alteration, inspection, and replacement of
underground and/or overhead electric transmission and
distribution lines, along the south edge of the
Poudre Valley Memorial Hospital parking lot and then
north and west up to the building.
Consideration: $1.00
(4) Right -of -Way Easement Agreement with the First National
Bank in Fort Collins as Trustee under the Wil o
Gor on M. Walker for'a utility right of way across the
Arby's property, which was required by the City prior
to the issuance of a building permit to Fulenwider
Company. '
Consideration: $10.00
(5) Public Access Easement from Foothills Meadow for access
to a sidewalk on the west side of Stover Street from
Horsetooth Road to Monroe Drive, located in Lot 3
of Strachan Subdivision, First Filing.
Consideration: $10.00
(6) Assignment of a Sanitary Sewer Easement from Foothills
Park Associates, relating to the Foothills Par -sewer
system located on Wood Bros. property. The easement
was previously granted to Foothills Park Associates
from Wood Bros. Homes and from the New Mercer Ditch
Company.
Consideration: None
Recommendation: The Administration recommends that the City
Council accept the above listed deeds and easements and
authorize the Mayor and the City Clerk to execute the
Sidewalk Easement Agreement with Everitt Enterprises."
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Councilman Russell inquired into the easement with Poudre
Valley Hospital. It was later determined that this ease-
ment was an underground service.
Councilwoman Gray made a motion, seconded by Councilman
Wilkinson to adopt the recommendation of the Administration.
Yeas: Councilmembers Bloom, Gray, St. Croix, Suinn and
Wilkinson. Nays: Councilman Russell.
THE MOTION CARRIED
Report on Arthur Treacher's Restaurant at
1302 South Shields Heard
Following is the City Manager's memorandum on this item:
"At the June 7, 1977, meeting Mr. Gary F. Digiorio, estimating
designing for the Centennial Group representing Arthur
Treacher Restaurants, addressed the City Council. Mr.
Digiorio questioned the City's denial of a patio or drive -up
restaurant in connection with this installation. Enclosed
is a memorandum from Les Kaplan, Planning Director, on
this subject together with some additional supporting
material. It is felt that Mr. Digiorio was amply notified
'
about the changes in the ordinance pertaining to various
types of restaurants. According to our legal staff there
is nothing else we can do. Mr. Digiorio has an approved
set of plans for the facility with the elimination of the
drive -through facilities and the patio. .
It appears that Mr. Digiorio has three courses of action:
1. He can proceed with the restaurant without the
drive -through facilities and patio.
2. He can decide not to build a facility at all.
3. He can petition for rezoning."
Mr. Gary Digiorio stated that he did not agree with the
decision that was made and requested City Council grant
the drive -through window. Further, he inquired into the
second to the last paragraph of Les Kaplan's memorandum
which states as follows:
"The proposed restaurant must now conform to the existing
ordinance which allows only standard restaurants in the
R-H zoning district. This would permit a patio as originally
' requested by Mr. DiGiorgio; however, disposable utensils
and drive -through facilities are specifically prohibited."
-295-
City Attorney March stated that the restaurant would not '
conform under the current Ordinance. The Administration
would treat their permit as vesting their rights and they
are a non -conforming use. They are entitled to continue
the operation that they have applied for, however, they
cannot become more non -conforming.
No action was taken on this item
Changing Status of Designing Tomorrow Today Approved
Following is the City Manager's memorandum and recommendation
on this item:
"The City Council made its first appointments to a Steering
Committee for the total community improvement and
development Council in August of 1970. This committee
became known as the Designing Tomorrow Today Steering
Committee. Over the years the City Council has made
appointments to this Board. Initially, appointments were
made for all members on a yearly basis. Later it was put
in a staggered term basis. During the 1977 budget work
sessions and subsequent budget approval, the City Council '
elected not to fund DTT. At its June 7, 1977, meeting
the Fort Collins City Council made appointments to various
boards and commissions. The City did not have any notice
for appointments nor have any indication that the City
Council would be appointing members to this Board. The
City Attorney feels that the City Council, by motion,
should take some definite action on this matter.
The DTT committee and its various subcommittees have per-
formed a tremendous service to the City. Their major
function with regard to the Capital Improvement Program
is over. There is and will remain a need for strong citizen
participation in City government. Since the City is not
funding or providing any staff assistance to this committee,
it is suggested that the Council officially notify the
organization that they should make their own appointments
to the Steering Committee.
Recommendation: The Administration recommends that the
City Councrecommend to the Steering Committee of DTT
that in the -future they should make their own appointments
to the committee."
Councilwoman Gray made a motion, seconded by Councilman '
Wilkinson to adopt the recommendation of the Administration.
Yeas: Councilmembers Bloom, Gray, St. Croix, Suinn and
Wilkinson. Nays: None. (Councilman Russell out of room.)
THE MOTION CARRIED
-296-
Citizen Participation
' Attorney Robert Hiller, representing a group of citizens
in the area of the Village West Ninth Filing, expressed
concern for action taken by the City Council in granting
variances for this preliminary plat. Attorney Hiller
presented petitions concerning the variances and the plat.
City Attorney March stated.thatihe felt it would be more
productive if the Administration could meet with Mr. Hiller
and discuss the points raised, then Council could set a
time for further action if it desired.
The following residents spoke in opposition to the plat
and variances granted:
1. Robert Evans, 1942 Ridgewood Road.
2. Gerard Tryjankowski, 2001 Ridgewood Road
3. Mr. Johnson, 1828 Manchester Drive
Mr. Bill Bartran, speaking on behalf of Bartran spoke to
his desire to meet with the residents and inform them of
the nature of the plans for the development.
' Mayor Bloom suggested that the neighbors in the immediate
area, Mr. Bartran and the City staff meet and report back
to the City Council at the July 5, 1977, regular meeting.
This procedure was acceptable to all and City Manager Brunton
will schedule the meeting.
Report from City Manager
(a) City Manager Brunton reported that the staff had
met with Mr. David Lauer on his request for a rebate
on his Hawker's License and had resolved the problem.
The City Attorney will have an Ordinance prepared
to make revisions in these licenses.
(b) City Manager Brunton stated that the staff had pro-
posed to meet with the Lake Sherwood East Group on
Monday. Since that time, Everitt Enterprises has
requested that this matter be tabled to August 16,1977.
(This item was tabled later in the meeting.)
(c) City Manager Brunton reported that the City's Internal
Auditor, Jim Harmon will be on board on July 5, 1977.
-297-
(d) Steve Goodwin has been appointed Chief Accountant. '
Mr. Goodwin has been associated with Kruchten and
Magnuson.
(e) City Manager Brunton announced that Fire Chief Tom
Fierce has requested that he be relieved of his duty
as Fire Chief and that he be reinstated to the position
as Deputy Chief. He has requested this for personal
reasons. Tom will continue as Acting Fire Chief until
his successor is appointed.
Report from Citv Council Members on Committees
(a) Councilwoman Gray reported on the meeting of the
Policy Committee of CML.
(b) Councilman Russell reported that four Councilmembers
had attended the APPA meeting in Toronto. Also,
that the Platte River Board is negotiating with the
County Commissioners regarding a contract on Environ-
mental Impact Studies.
(c) Mayor Bloom reported on the City Council meeting
attended in Toronto. He also reported that 65 '
applications have been received for the position of
City Manager.
(c) Councilman Suinn reported that there is a major
decision pending before the 208 Committee of the COG.
He also announced a regional meeting on Thursday in
Greeley and a Work Session in July.
Decision of the Zoning Board
of Appeals (No. 755) Overruled
Following is the City Manager's memorandum on this item:
"An appeal has been filed with the City Clerk by William
T. and Elizabeth A. Franklin requesting that the City Council
reverse the decision of the Zoning Board of Appeals on
Appeal No. 755. The specific variance requested was to
reduce the minimum rear yard from 15 feet to 0 feet and
to reduce the minimum side yard from 5 feet to 2 feet
(Section 118-43E) in order to accomodate the expansion
of the petitioner's garage at 707 West Mountain Avenue."
MOI:11
' Mr. William Franklin, appellant, presented signed statements
from adjacent property owners indicating that they had no
objection to his proposal to construct a new two car garage
where the old garage exists.
The Zoning Board of Appeals had denied the variance because
of what they considered a fire hazard. Mr. Franklin stated
that he was willing to fire proof his walls.
Councilman Suinn made a motion, seconded by Councilwoman
Gray to reverse the decision of the Zoning Board of Appeals
and grant the variance. Yeas: Councilmembers Bloom, Gray,
Russell, St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted on First Reading Relating
to the Creation and Organization of a Sanitary
Sewer Improvement District No. 59.
Following is the City Manager's memorandum on this item:
'
"Ordinance No. 46, 1977, was placed on the agenda for
consideration on first reading at the May 3, 1977, meeting.
At that time the City Council conducted a public hearing,
and several persons objected to this project. The Council
tabled the hearing and first reading of the Ordinance
until June 7, 1977. Ordinance No. 46 was again brought
up for consideration at the June 7 meeting. At that time
the City Administration had considerably revised the
estimated cost and the public benefit part of the project.
The cost of the project was reduced from the previous
17.54 per assessable square foot to 5.5¢ per square foot.
The City, which originally was to make no contribution
to the project, would now contribute $16,437.50. This
addition was necessary because there were no benefiting
property owners at the corner of Crestmore and Mulberry,
and because the City Golf Course is the abutting property
to the north. Also enclosed is another copy of my June 7
memorandum and a copy of a memo from Roger E. Krempel,
Water Utility Director, concerning alternate means of
installing public improvements. We on the staff feel that
the sanitary sewer on Mulberry is important to the overall
development of the City. Although some people might not
benefit immediately, it will eventually benefit all the
abutting property owners. The price will not get any more
reasonable in the future. The Engineering Services Depart-
ment is notifying all property owners about this item
being on the June 21, 1977, Council meeting agenda."
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Mayor Bloom reopened the hearing on this district and I
inquired if there were any persons wishing to speak on
this item.
Mrs. Paul Hamilton, 2035 West Mulberry, inquired into the
cost of the assessment against her property. Director of
Engineering Services, Roy Bingman and Don Parsons responded
to the Engineer's estimate on this project.
Mayor Bloom declared the hearing closed.
Councilman Suinn made a motion, seconded by Councilman
Russell to adopt Ordinance No. 46, 1977, on first reading.
Yeas: Councilmembers Bloom, Russell, St. Croix, Suinn
and Wilkinson. Nays: None.
THE MOTION CARRIED
Councilwoman Gray left the meeting at this time.
Ordinance Adopted on First Reading Rezoning
the Stonehenge PUD
Following is the City Manager's memorandum on this item:
"The Stonehenge PUD consists of 10.25 acres located east
of Lemay and south of East Stuart Street. The request '
is to rezone the property from R-L (Low Density Residential
District) to R-L-P (Low Density Planned Residential
District). Enclosed is an extensive memo from our Planning
Department with regard to this rezoning petition including
the justification for the rezoning. As stated in the
staff recommendations, they feel the inclusion of 10.25
acres into the total 43 acres of the Stonehenge PUD
provides an excellent opportunity to provide traditional
single-family subdivision and low density PUD development
into a well integrated residential district.
The Planning and Zoning Board by a four to nothing vote
recommended approval of the rezoning."
Councilman Russell made a motion, seconded by Councilman
St. Croix to adopt Ordinance No. 80, 1977, on first reading.
Yeas: Councilmembers Bloom, Russell, St. Croix, and Suinn.
Nays: None. (Councilman Wilkinson out of room.)
THE MOTION CARRIED
Ordinance Denied on First Reading Rezoning
Nichols et. al. - Shields and Lake Street
Following is the City Manager's memorandum on this item
-300-
' "This petition is to rezone 1412, 1500, 1504, and 1508
South Shields and 924, 928, 934, and 1000 West Lake Street
from R-L (Low Density Residential District) to R-H (High
Density Residential District). Enclosed is an extensive
memo from the Planning staff regarding this petition which
includes the petitioner's reasons for the rezoning requests.
Primarily, the City staff feels that the introduction of
apartments and multiple -family residential units into
a predominantly single-family dwelling unit area would be
inconsistent with good planning practices. Therefore,
staff recommended denial. The Planning and Zoning Board
by a four to nothing vote recommended denial of the pro-
posed zoning change."
Councilman Russell made a motion, seconded by Councilman
Suinn to deny Ordinance No. 81, 1977, on first reading.
Yeas: Councilmembers Bloom, Russell, St. Croix, Suinn
and Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted on First Reading Rezoning
' Impala Drive
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 0live Street. The petitioner is requesting
rezoning from R-L (Low Density Residential District) to
R-L-M (Low Density Multiple -Family District). Enclosed
is a memo from the Planning staff stating the reasons
for rezoning given by the petitioner. Planning staff
recommends denial because they feel there is no substantive
justification for changing from the single-family zoning.
At its June 3, 1977, meeting by a four to nothing vote
the Planning and Zoning Board recommended approval of the
rezoning in that the requested change would permit an
acceptable use of the site."
Councilman St. Croix made a motion, seconded by Councilman
Russell to adopt Ordinance No. 82, 1977, on first reading.
Yeas: Councilmembers Bloom, Russell, St. Croix, and
Wilkinson. Nays: None (Councilman Suinn out of room.)
THE MOTION CARRIED
-301-
Ordinance Denied on First Reading Rezoning I
Miller -Wainwright Conifer Street
Following is the City Manager's memorandum on this item:
"The Miller -Wainwright Conifer Street Rezoning consists
of 10.8 acres located in Evergreen Park II on the west
side of Lemay Avenue on the south side of Conifer Street.
The request is to rezone from R-L-P (Low Density Planned
Residential District) to R-L-M (Low Density Multiple -
Family Residential District). The enclosed memo from the
Planning staff indicates the justification given by the
petitioner for this rezoning. Both the Planning staff
and Planning and Zoning Board recommended denial. Our
Planning staff received a telephone call from the petitioner
requesting withdrawal from the Council review. As yet,
we have not seen any letters on this subject."
Director of Planning, Les Kaplan, stated that he had
been asked by telephone to withdraw this item from City
Council consideration.
Councilman Russell made a motion, seconded by Councilman
Wilkinson to deny Ordinance No. 83, 1977, on first reading. '
Yeas: Councilmembers Bloom, Russell, St. Croix, Suinn
and Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted on First Reading Vacating
a Portion of Heatheridge Road in the Foothills
Village First Filing
Following is the City Manager's memorandum on this item:
"Enclosed is a petition for the vacation of part of Heatheridg,_e
Road in the Foothills Village First Filing. This vacation
is requested pursuant to agreements between the developer
of Village West Eighth Filing, the Homeowner's Association
of Village West First Filing, and other interested parties.
Enclosed is a copy of the agreement.
This agreement provides for the vacation and was arrived
at pursuant to the request of the Planning and Zoning Board.
Therefore, it does not appear that this has to again be
reviewed by the Planning and Zoning Board."
Councilman Wilkinson made a motion, seconded by Councilman '
Russell to adopt Ordinance No. 84, 1977, on first reading.
Yeas: Councilmembers Bloom, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
THE MOTION CARRIED
M111YA
I
Mayor Bloom declared a five minute recess.
Replat of Fahrenbruch Leisure Village Subdivision
Fourth Filing - Final Plans and Plat
Referred to Planning and Zoning Board
Following is the City Manager's memorandum on this item:
"This subdivision consists of 2.1 acres zoned R-P (Planned
Residential District) located at the south end of Leisure
Drive. The developer proposes to construct five 2-story
rental townhouse apartment buildings consisting of 24
units. The current approved plan calls for 16 units.
Planning staff recognized that although the density
increase is substantial, it is still less than the 12
units per acre maximum allowed in the R-P zone. In
addition the new proposal improves landscaping treatment
and clarifies open space maintenance responsibilities.
Staff, however, delineated several revisions which should
be made by the applicant before the plan is approved
(conditionally or otherwise).
' The Planning and Zoning Board was opposed to increasing
the density from 16 to 24 units. There were also a
number of residents of the area at the meeting who objected
to the replat. The petitioner agreed to the revisions
requested by the staff, but these changes have not yet been
made."
City Manager Brunton stated further that Council should
consider whether they are in favor of the increased density
from 16 to 24 units for the total acreage.
Planner II, Paul Deibel, outlined the area in question.
Mr. Bob Sutler, Architect Planner for the developers,
spoke to proposed increased density, the proposed parking
area and the usable open space.
Attorney Jack Vahrenwald, representing a number of homeowners
in the area, spoke in opposition to the increased density
and minimum parking. He then presented petitions signed
by residents in the area who are opposed to development
being proposed.
Mr. Ted Gateau, one of the developers, spoke in support of
the proposal.
MION
Councilman Russell made a motion, seconded by Councilman '
Wilkinson to refer this item back to the Planning and
Zoning Board. Yeas: Councilmembers Bloom, Russell,
St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Revision of Eastgate PUD Preliminary Plan
Approved
Following is the City Manager's memorandum on this item
"The Eastgate PUD is located on the south side of Riverside
Drive immediately north and slightly to the west of the
Teledyne Aqua Tec property and north of Pitkin Avenue and
east of Montgomery Street.
The original site plan for this project was approved in
1972 and therefore, this is called a revision of the
Eastgate PUD. (It would seem logical that any subdivision
or PUD not acted on in a stipulated period of time --
namely one or two years -- should become null and void.)
The developer proposed to construct 74 2-bedroom townhouses '
on the 6.21 acres (5.26 acres net) site. Therefore, the
gross density is 11.9 units per acre and the net density
is 14.1 units per acre.
The staff had several recommendations concerning parking,
ingress and egress, and storm drainage. With these conditions,
the Planning and Zoning Board at its June 13, 1977, meeting
unanimously voted for approval of the Preliminary Plan."
Councilman Wilkinson made a motion, seconded by Councilman
Suinn to approve the revision of Eastgate PUD preliminary
plan. Yeas: Councilmembers Bloom, St. Croix, Suinn and
Wilkinson. Nays: None. (Councilman Russell out of room.)
THE MOTION CARRIED
Spring Creek Plaza PUD Final Plan and Plat
Approved
Following is the City Manager's memorandum on this item:
1
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' "The Spring Creek Plaza PUD consists of 2.37 acres located
on the southwest corner of West Stuart Street and South
Shields Street. The area is zoned B-P (Planned Business
District). This PUD was previously submitted to the City
Council excluding the street portion of the property on
both the West Stuart and Shields Street side of the property.
This made the PUD under the 2-acre minimum without receiving
a variance. The City Attorney ruled that it is proper to
include the portions of the street in the PUD.
At its May 9, 1977, meeting the Planning and Zoning Board
recommended approval of this site with conditions pertaining
to private driveway, landscape plan, and landscape maintenance
guarantee."
Councilman Suinn made a motion, seconded by Councilman
Wilkinson to approve the Spring Creek Plaza PUD final plan
and plat. Yeas: Councilmembers Bloom, St. Croix, Suinn
and Wilkinson. Nays: None. (Councilman Russell out of room)
THE MOTION CARRIED
Overland Trail Farm Residential Subdivision
Revised Preliminary Plat Approved
Following is the City Manager's memorandum and recommendation
on this item:
"This Subdivision consists of 67 single-family lots on a
30.5 acre tract zoned R-L (Low Density Residential District).
It is located on the east side of Overland Trail north of
West Prospect Street and south of West Elizabeth Street.
There is also a designated 8.6 acre City Park site on the
tract.
Mr. Bill Holmes, Land Acquisition and Special Projects
Director, has been working on acquiring a neighborhood
park site in this area for some time. This is being
coordinated with personnel from the Parks and Recreation
Department.
In the memo of June 15 several comments are made concerning
such items as the extension of streets and design criteria.
The two main reasons this Preliminary Plat is being brought
to the City Council are (1) the proposed or recommended
acquisition of the 8.6 acres for City Park purposes and
-305-
(2) the problem of adequate sanitary sewer facilities '
in the area. As indicated before, our utility personnel
have informed us that there are some capacity problems
both in the collector and the trunk sewers in this area.
At the present time we are preparing a comprehensive study
on the subject. There should be no final plat approval
until this study is completed and steps are taken to
alleviate the capacity problem."
Planner II, Paul Deibel, presented the revised plan which
depicts the park as being more accessible to the public.
Councilman Wilkinson made a motion, seconded by Councilman
Suinn to approve the Revised Overland Trail Farm Residential
Subdivision preliminary plat and to direct the staff to
take steps to acquire the 8.6 acre tract for City Park
purposes, and to wait before giving final approval of this
subdivision pending resolution of the sanitary sewer
situation. Yeas: Councilmembers Bloom, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Wildwood Residential Subdivision Preliminary Plat I
Approved
Following is the City Manager's memorandum and recommendation
on this item:
"The Wildwood Residential Subdivision consists of 64 single-
family lots on a 17.5 acre tract zoned R-L (Low Density
Residential District). It is located on West Lake Street
(extended) between Cedarwood Subdivision on the east- and
VonVihl Heights Subdivision on the west. The total density
of this project is 3.7 lots per acre.
One of the major issues that was discussed at our Conceptual
Review meeting and by the Planning and Zoning Board was the
status of Lake Street. From a traffic standpoint, it would
be better if Lake Street was not extended through the
subdivision between Taft Hill Road and Overland Trail. It
is relatively close to Prospect Street and having a parallel
through street so close would encourage traffic to use
a street that is not improved nor designed for high use.
However, there is a 42-inch water main located on Lake Street,
and from a utilities maintenance standpoint, it would be
better to cut the street through the subdivision. Any
repair on a major trunk line of this size will take considerable '
right of way and/or easement.
-306-
'
Of major concern to us at Conceptual Review and utility
planning is the lack of adequate collector and trunk line
sewers in the area. This is only one of several develop-
ments in the whole area. Before any final approval is given
to this plan or any other development in the area, an over-
all capacity study should be made by the sewer utility.
We hope our sewer utility personnel will bring a report on
this matter to the Council in the near future. The other
recommended changes in the area are minor. At its June 13,
1977, meeting the Planning and Zoning Board recommended
approval of the Preliminary Plat of the Wildwood Residential
Subdivision. Normally subdivision and preliminary plans of
subdivision plats do not go to the City Council; however,
because of Lake Street and the sanitary sewer capacity
situation, we feel it is desirable to refer this matter to
Council.
Recommendation: The Administration recommends that the
City Counci adopt the Preliminary Plat of the Wildwood
Residential Subdivision with the knowledge that Lake
Street will be the only through street in this area. It
is further recommended that Council take no action on
the final plat of this Subdivision or other subdivisions
until they receive an overall comprehensive capacity
'
study from the sewer utility personnel."
Councilman St. Croix made a motion, seconded by Councilman
Wilkinson to adopt the recommendation of the Administration.
Yeas: Councilmembers Bloom, Russell, St. Croix, Suinn
and Wilkinson. Nays: None.
THE MOTION CARRIED
Addition to Foothills Plaza North PUD Preliminary
Plan Approved
Following is the City Manager's memorandum on this item:
"The Foothills Plaza North PUD is located on the east side
of South College Avenue directly north of the Foothills
Plaza Shopping Center. It consists of 1.5 acres zoned
H-B (Highway Business District). The developer proposes
to construct a 2-story office building on this site in
addition to the building already on the property. The only
major problem with this development is the lack of required
total standard parking. The developer proposes to provide
-307-
a pedestrian bridge over the canal into the Foothills
Fashion Mall. Our City Attorney is reviewing the agreement
with the Foothills Fashion Mall to share parking.
At its June 13, 1977, meeting the Planning and Zoning Board
recommended for approval, providing the parking situation
can be resolved."
City Attorney March stated that the agreement for parking
which had been proposed does not allow parking back and
forth, as a practical matter. Mall ownerships are such that
it is impossible to get that type of agreement, but the
existence of the access agreement does imply the use of
the parking. Attorney Eugene Mitchell concurred with the
comments made by City Attorney March and spoke at length
to the purpose of the access agreement.
Councilman St. Croix made a motion, seconded by Councilman
Russell to approve the Addition to Foothills Plaza North
PUD Preliminary Plan. Yeas: Councilmembers Bloom, St. Croix,
Suinn and Wilkinson. Nays: Councilman Russell.
THE MOTION CARRIED
Other Business
City Manager Brunton stated that he had received a request
from Everitt Enterprises to table consideration of the
Lake Sherwood PUD to the August 16, 1977, meeting:
Councilman Wilkinson made a motion, seconded by Councilman
Russell to table consideration of the Lake Sherwood PUD to
August 16, 1977. Yeas: Councilmembers Bloom, Russell,
St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Adjournment
Mayor Bloom stated that the executive session would be
continued and declared the meeting adjourned to June 28,
1977, at 1:30 P.M.
The meeting was adjourned at 11:20 P.
FZ149A rip P
mayor
ATTEST: /
7 /,,,
City Clerk
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