HomeMy WebLinkAboutMINUTES-04/19/1977-RegularApril 19, 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, April 19, 1977 at 5:30 p.m. in the Council
Chambers in the City of Fort Collins City Hall. Roll call was
answered by the following Councilmembers: Bloom, Bowling, Gray,
Russell, St. Croix, Suinn and Wilkinson.
Staff Members Present: Brunton, Bingman, Kaplan, Deibel, Smith,
Liley, Krempel and Dowell.
Also: City Attorney Arthur March, Jr.
Ordinance Adopted on Second Reading Zoning
Part of the Horsetooth-South Mesa Annexation
The City Manager's memo regarding this item states in part:
' At the March 29, 1977, meeting, the City Council tabled the second
reading of Ordinance No. 27, 1977, zoning to Highway Business the
24.75 acres of the Horsetooth-South Mesa Annexation between the
Colorado and Southern railroad tracks and College Avenue.
Mr. George Holter, property owner of a business located on South
Mason Street, reported that, if this portion of the Annexation is
zoned H-B, his business would be a nonconforming use. He would
prefer Commercial zoning of this area."
Les Kaplan, Director of Planning, reviewed the uses available to
Mr. Holter if the area is zoned H-B Highway Business and he is
given the "non -conforming" status. Following is a copy of a memo
regarding this matter from Les Kaplan dated April 13, 1977:
At its March 29. 1977, meeting the City Council tabled the Second
Reading of Ordinance No. 27, zoning to Highway Business the 24.75 acres
of the Horsetooth-South Mesa Annexation between the Colorado and Southern
railroad tracks and College Avenue. At this meeting, Mr. George Holter
who owns a plumbing and heating contracting business within this area
spoke in opposition to the Highway Business zoning district. The existing
land use on Mr. Holter's property is predominantly warehousing. The H-B
district does not permit warehousing other than as an accessory use to a
permitted use in the H-B district. If the subject area were zoned-H-B,
' Mr. Holter's property would be a legal non -conforming use in the City and
subject to the City's regulations for such, Section 118-24 of the City's
codes.
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The City's regulations concerning non -conforming uses are quite permissive,
allowing not only for the continuation of the use but also for its
restoration, enlargement, alternation and structural change. Additionally, '
the regulations allow for change of use to any conforming use or to any
use permitted in the zoning district with a preceding letter to the
district in which the existing use would be allowed in the City. In this
particular case, Mr. Bolter's use would be allowed in the C-Commercial
zoning district of the City and, therefore, the use could be changed to
any use permitted in the BG-General Business zoning district.
Nonetheless, Mr. Bolter is wary of the alleged stigma of a "non -conforming"
status. In addition, he feels that the entire subject site should be zoned
so as to allow warehousing activities as a complimentary use to the extensive
amount of H-B uses along S. College Avenue.
The Planning and Zoning Board, Planning Office and City Administration have
recommended the H-B zoning district for this portion of the Horsetooth-South
Mesa Annexation, and the City Council has already approved Ordinance No. 27,
1977, on first reading. The logic behind the H-B district is based largely
upon the following considerations:
1. The area is approximately 75 percent developed. With the exception
of Mr. Bolter's lot and a portion of the lot to the north (see
attached map), all the developed uses are permitted uses in the
H-B district. As a practical matter, the City's regulations
concerning non -conforming uses should not impose a hardship to
owners of these properties.
2. The H-B zoning district does not increase the opportunity for
additional vehicular -oriented uses in this vicinity, in that the
subject area is mostly developed with such uses already. Both the
opportunity for site plan and landscape plan review in the H-B
district and the less intense commercial uses allowed in this
district compared to the C-Commercial district would help assure
capability with eventual residential development to the west. Also,
such City review would support the City's frontage road and Mason
Street improvement projects.
3. This eventual improvement of South Mason Street between Horsetooth
Road and Drake Road has been accepted by the City and is a desired
undertaking by the owners of property backing onto this street. An
important reason for this improvement is to allow greater utilization
of H-B property along this mile of S. College Avenue. C-Commercial
zoning for the subject site would be inconsistent with a rationale
behind the intended improvement of South Mason Street.
In response to Mr. Bolter's contention that warehouse uses are needed in
this.vicinity, it should be noted that the existing development on the
subject area would preclude a significant utilization of this area for
that purpose. Also, the city area along E. Prospect Street and east of
the Union Pacific railroad tracks is mostly undeveloped and affords
extensive opportunity for warehouse uses accessible to College Avenue
businesses. ,
The attached map illustrates the existing uses in the subject area and
notes the two locations which would contain non -conforming uses within
the H-B zone.
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Mr. George Holter spoke to his property and the proposed uses
' and his concerns if the H-B zoning is designated for this area,
keeping tenants and prospective tenants who would not be allowed
in an H-B zone.
Mr. Jerry Nix, realtor and business owner in the affected area
spoke in support of the H-B, Highway Business zoning for this
annexation. Mr. Ross Zahller, part owner of Wyco, Inc., spoke
in support of the requested C - Commercial zoning.
Councilman Bowling made a motion, seconded by Councilwoman Gray
to adopt Ordinance No. 27, 1977 on second reading. Yeas: Council -
members Bloom, Bowling, Gray, St. Croix and Suinn. Nays: Council-
man Wilkinson. Councilman Russell abstained. (Secretary's Note:
An abstention is counted as an affirmative vote.)
ORDINANCE NO, 27 , 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 A PART OF
THE PROPERTY INCLUDED IN THE HORS ETOOTH-SOUTH MESA
ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO
rt
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 a part of the property known as the
Horsetooth-South Mesa Annexation to the City of Fort Collins,'
Colorado, in the H-B, Highway Business District, said part of the
Horsetooth-South Mesa Annexation being described as follows:
Bounded on the West by the right-of-way of the Colorado
and Southern Railway Company, on the East by College
Avenue, on the South by Horsetooth Road, and on the
North by the North boundary of the annexation.
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 15th day of March , A,D. 1977, and to be presented
for final passage on the 19th day of April , A,D. 1977.
-sal �.ltlil���
Mayor
ATTEST:
1
,ty C er
0
Passed and adopted on final reading this 19th day of April
A.D. 1977.
ATTEST:
City Clerk d
First Reading:
Second Reading:
Dates Published
Attest:
March 15, 1977
April 19, 1977
March 20, 1977
Deputy City Clerk
(Vote: Yeas: 4, Nays: 1)
(Vote: Yeas: 6, Nays: 1)
and April 24, 1977
Ordinance Tabled on Second Reading
Amending the Electrical Code
City Manager Robert Brunton stated that since the meeting with
the contractors the staff would like to make further studies
and request that this matter be tabled to May 3, 1977.
Councilman Bowling made a motion, seconded by Councilman Russell
to table the second reading of Ordinance No. 28, 1977 to the
May 3, 1977 regular Council meeting. Yeas: Councilmembers
Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None.
Councilman Russell out of room when question was called.
Ordinance Tabled on Second Reading
Imposing an Occupation Tax on Electrical
Contractors
This being the companion ordinance to Ordinance No. 28, 1977 the
request is to likewise table this ordinance.
Councilman Bowling made a motion, seconded by Councilwoman Gray
to table second reading of Ordinance No. 29, 1977 to the May 3, 1977
regular Council meeting. Yeas: Councilmembers Bloom, Bowling,
Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman
Russell out of room.)
Ordinance Adopted on Second Reading
Annexing the Herring Annexation
Following is the City Manager's memorandum regarding this matter:
At its March 29, 1977, meeting, the City Council adopted Ordinance No. 34,
1977, on first reading. The Herring Annexation consists of 103.07 acres
located on the north side of West Drake Road between the Brown Farm Subdi-
vision and Willow Lane PUD. The requested zoning is R-L, Low Density
Residential District.
At the Council meeting the staff described in detail the utility problems
in connection with this Annexation. At the present time the City cannot
adequately serve this area with either water or sewer. At the March 14,
1977, meeting the Fort Collins Water Board indicated that they believe the,
City will eventually be able to provide adequate water service to this area.
The developer presented two counter -proposals: 1) to only annex 15 acres
in the northeast portion of the property, and 2) to annex the entire area
with the understanding that the City would work on the utility problems.
At this same meeting the Council reviewed a draft of an agreement with
Wheeler Realty Company, the developers of the property. Enclosed is a
final agreement with the developer, which has been reviewed by our Planning
staff, the City Attorney's office, and the Water Utility Director_
Art March, City Attorney, advised Council that the administration
needed authorization to execute the agreement regarding water
service to the annexation.
Councilman Russell made a motion, seconded by Councilman Wilkinson
authorizing the City Manager and City Clerk to execute said agree-
ment. Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix, Suinn and Wilkinson. Nays: None.
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Ordinance Adopted on Second Reading
Zoning the Herring Annexation '
The City Manager's memo regarding this states in part:
"The requested zoning is R-L, Low Density Residential District.
The Planning and Zoning Board recommended for approval of both
the annexation and R-L zoning, conditioned upon an agreement
whereby the developer forgoes the right to demand provisions of
City utility service."
Councilman Wilkinson made a motion, seconded by Councilman Bowling
to adopt Ordinance No. 35, 1977 on second reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
ORDINANCE NO. 35 . 1977
BEING AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE OF
THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING
ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE
PROPERTY INCLUDED IN THE HERRING 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 Herring Annexation to the City of Fort Collins, Colorado, in
the R-L, Low Density Residential District.
Section 2. The City Engineer is hereby authorized and
directed to amend said Zoning District Map in accordance with
this ordinance.
Introduced, considered favorably on first reading, and ordered
published this 29th day of March, A.D. 1977, and to be presented
for final passage on the 19th day of April, A.D. Keel
Mayor
ATTEST:
Cit Clerk
y 1
11
Passed and adopted on final reading this 19th day of April,
A.D. 1977.
Mayor
ATTEST:
City Clerk (Deputy)
First Reading: March 29, 1977 (Vote: Yeas: 6, Nays: 1)
Second Reading: April 19, 1977 (Vote: Yeas: 7, Nays: 0)
Dates Published: April 3, 1977 and April 24, 1977
Attest:
Deputy City Clerk
Ordinance Adopted on Second Reading Zoning
' Part of the Horsetooth-South Mesa Annexation
The City Manager's memo regarding this matter states as follows:..
"At the March 29, 1977, meeting the City Council adopted Ordinance
No. 36, 1977, on first reading. This 64.4 acre tract, located
immediately north of Horsetooth Road and contiguous and west of
the Colorado and Southern railroad tracks, was recently annexed
to the City.
The Ordinance provides for R-P zoning for the 10.6 acres in the
southeast corner of the property, R-L-M zoning for the 10.67 acres
in the middle, and R-L-P zoning for the remaining 43.1 acres
located to the west and north."
Councilwoman Gray made a motion, seconded by Councilman Suinn to
adopt Ordinance No. 36, 1977 on second reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
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ORDINANCE NO. 36 , 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
REMAINING PROPERTY COMPRISING A PART OF THE HORSETOOTH
SOUTH MESA 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 comprising a part of the Horsetooth
South Mesa Annexation to the City of Fort Collins, Colorado, in the
R-L-P, Low Density Planned Residential District, and in the R-L-M, Low
Density Multiple -Family District, and in the R-P, Planned Residential
District, as follows:
(a) R-L-P, Low Density Planned Residential District.
A tract of land situate in the South ? of Section 26,
T7N, R69W, and considering the sou�h line of the SE',
of said Section 26 as bearing N 89 54' W and with all
bearings contained herein relative thereto is contained
within the boundary lines as follows: '
Begin at a point which bears N 89054' W - 2208.09 fret
from the SE corner of said Section 26, thence, N 89 54'
W - 436.79 feet to the SW corner of the SE ', of Sect on
26, thence N 89054'34" W - 366.30 fegt, thence, N 00
06'55" E - 660.00 �eet, thence, S 89 54'34" E - 366.30
fe8t, thence, N 00 06'55" E - 917.48 fee, thence S
89 49'05" E - 1625.48 felt, thence, S O1 12'25" W -
21.23 feet, thence, N 88 33'38" E - 199.89 fee. To the
east R.O.W. of the C & S Railroad, thence S 20 54' W,
along said R.O.W., 559.38 feet, thence, N 89 54' W -
878.$6 feet, thence S 00 06' W - 225.gO feet, thence,
S 45 06' W - 707.11 feet, thence, S 00 06' W. - 275.00
feet to the point of beginning. Containing 45.0262 acres
more or less.
(b) R-L-M, Low Density Multiple -Family District.
A tract of land situate in the South i of Section 26,
T7N, R69W, and considering the sou8h line of the SE
of said Section 26 as bearing N 89 54' W and with all
bearings contained herein relative thereto is contained
within the boundary lines as follows:
13 '
Begin at a point which bears N 89054' W - 1508.09 fret
from the SE corner of said Sectiog 26, thence, N 89
54' W - 700 00 feet, thence, N 00 06' E - 275.00 feet,
thence N 45606' E - 707.1b feet, thence N 000 06' E -
225.20 feet, thence, S 89 54' E - 200.00 feet, thence,
S 00 06' W - 1000.00 feet, to the point of beginning.
Containing 10.6175 acres more or less.
CO R-P, Planned Residential District.
A tract of land situate in the South ? of Section 26,
T7N, R69W, and considering the sNhline of the SE 4
of said Section 26 as bearing N 89 54' W and with all
bearings contained herein relative thereto is contained
within the boundary lines as follows:
Begin at a point which bears N 89054' W - 843.09 felt
from the SE corner of said Section 26, thence, N 89
54' W - 665.K feet, thence, N 00006' E - 1000.00 feet,
thence, S 89 54' E - 678.96 feet to the east R.O.W. of
the C & S Railroad, thence, S 00054' W, along said R.O.W.
1000.10 feet, to the point of beginning. Containing
15.4265 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 29th day of March, A.D. 1977, and to be presented for
final passage on the 19th day of April, A.D. 1977.
Mayor
ATTEST:
Ci y Clerk
Passed and adopted on final reading t is 19th day of April, A.D. 1977.
ATTEST: Mayor
City Clerk Deputy '
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First Reading: March 29, 1977 (Vote: Yeas: 7, Nays: 0)
Second Reading: April 19, 1977 (Vote: Yeas: 7, Nays: 0)
Dates Published: April 3, 1977 and April 24, 1977 '
Attest:
Deputy City Clerk
Ordinance Adopted on Second Reading Rezoning
Geriatrics, Inc., and Harling-East Elizabeth Street
The City Manager's memo regarding this matter is as follows
"The Geriatrics, Inc., and Harling - East Elizabeth Street rezoning
consists of 2.75 acres located on the north side of the East
Elizabeth Street east of Lemay. This Ordinance was passed on first
reading at the March 29, 1977, City Council meeting.
Previously at the March 15, 1977, meeting the Council voted to
approve the preliminary plan for the East Elizabeth Street PUD.
At the present time the 2.75 acre site is zoned I-G, General
Industrial District, C, Commercial, and B-L, Limited Business
District. Ordinance No. 38, 1977 provides for B-P, Planned Business
District Zoning, for this area."
Councilman Suinn made a motion, seconded by Councilman Wilkinson '
to adopt Ordinance No. 38, 1977 on second reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
ORDINANCE NO, 38 , 1977
BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING
CLASSIFICATION FOR CERTAIN PROPERTY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS;
That the zoning district map of the City of Fort Collins,
Colorado, adopted by the zoning ordinance of the City of Fort Collins,
is hereby amended by changing the zoning classification from B-L,
Limited Business District, and C, Commercial District, and I-G,
General Industrial District to the B-P, Planned Business District
for the following described property in the City, to -wit:
15
A tract of land situate in the Northwest 4 of
' Section 18, Township 7 North, Range 68 West of the
Sixth P.M., Fort Collins, Colorado, which begins
at a point on the North line of East Elizabeth
Street which bears N 89015' E. 200 feet from the
West ; corner of said Section 18, and runs thence
along said North line of East Elizabeth Street,
N 89 15' E. 398.08 feet; thence N 00 06' E, 300.80
feet; thence S 89 15' W 398.00 feet; thence S 00 06'
W. 300.00 feet to the point of beginning.
Introduced, considered favorably on first reading, and ordered
published this 29th day of March, A.D. 1977, and to be presented for
final passage on the 19th day of April, A.D. 1977.
Mayor
ATTEST:
V
City Clerk
Passed and adopted on final reading this �9th day of April, A.D. 1977.
.L�
ATTEST;
City Clerk (Deputy)
;'i2st Reading: March 29, 1977 (Vote: Yeas: 7, Nays: 0)
Second Reading: April 19, 1977 (Vote: Yeas: 7, Nays: 0)
Dates Published: April 3, 1977 and April 24, 1977
Attest:
D.
Depputut y City C erk
16
Ordinance Adopted on Second Reading Repealing
Section 118-82 B (5) of the Zoning Ordinance '
The City Manager's memo regarding this matter follows:
"Ordinance No. 39, 1977, was adopted on first reading at the
March 29, 1977, City Council meeting.
This ordinance deletes the section under Supplementary Yard
Regulations stating, "When a side yard is otherwise required
by this Chapter, the side yard along the street side of a reverse
corner lot shall be not less than the required front yard require-
ment for the district in which the lot is located." Under this
section, which is referred to as a "reverse corner lot," the house
would be required to have the same front yard set -back requirement
because houses of adjoining lots face the street on either side of
the corner lot. In the past, the Zoning Board of Appeals has been
approving a number of variances with regard to this matter. Recently
they denied one because they felt this condition should be taken
care of either be a remission to the ordinance or at the time of
the planning of the subdivision.
The Zoning Ordinance does not contain a description of a reverse
frontage lot. Our City Attorney feels the best way to resolve
this matter is to delete the aforementioned Section, since the
Zoning Ordinance defines the front lot line as the narrowest '
street lot line and that the house will face on the front line
as determined by this definition. The Administration feels that
the provisions of this Zoning Ordinance relating to reverse
frontage lots are not meaningful particularly since the Zoning
Ordinance requires a 15-foot set -back on a side street lot."
Councilman Bowling made a motion, seconded by Councilman Wilkinson
to adopt Ordinance No. 39, 1977 on second reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson.
Nays: None.
ORDINANCE NO. 39 , 1977
BEING AN ORDINANCE DELETING SECTION 118-82 B (5) OF THE
CODE OF THE CITY OF FORT COLLINS RELATING TO ZONING AND
SIDE YARD REQUIREMENTS FOR REVERSE CORNER LOTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that
Section 118-82 B (5) be, and the same hereby is, deleted, and,that
section 118-82 B (6) be renumbered to become 118-82 B (5).
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Introduced, considered favorably on first reading and ordered
published this 29th day of March, A.D., 1977, and to be presented for
final passage on the 19th day of April, A.D. 1977.
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of April, A.D.,
1977.
ATTEST:
� C� �
City Clerk (Deputy)
First Reading:
Second Reading:
Dates Published
Attest:
March 29, 1977
April 19, 1977
April 3, 1977
Deputy City Clerk
Mayor
a
(Vote: Yeas: 6, Nays: 1)
(Vote: Yeas: 7, Nays: 0)
and April 24, 1977
m
Ordinance Adopted on Second Reading Amending
the Zoning Ordinance Relating to Landscaping
Requirements for a Planned Unit Development '
The City Manager's memo regarding this item follows:
"At the March 29, 1977, meeting the City Council adopted Ordinance
No. 40, 1977, on first reading. This Ordinance pertains to the
landscaping bond requirements for PUD's. The amendment provides
for some relaxation of the bonding requirements without giving
up control.
The present Ordinance provides for 125% of landscaping bond require-
ment at the time of the approval of the PUB. This may not be
reasonable in cases where the actual development does not take
place until some time after the PUD is approved. The new amendment
provides that the bond would not have to be filed until time of
issuance of a building permit.
Also, the current Ordinance requires a bond in the amount of 125%
of the cost of the improvement. This bond is required to continue
through the installation of the improvements and for two years
thereafter to guarantee maintenance. This would appear to be
excessive so far as it pertains to maintenance and landscaping.
The new amendment requires a bond guaranteeing maintenance in the
amount of 25% of the cost of landscaping."
Councilman Bowling stated for the record he was withdrawing from '
the voting on this particular item due to a possible conflict.
Councilman Suinn made a motion, seconded by Councilwoman Gray to
adopt Ordinance No. 40, 1977 on second reading. Yeas: Council-
met-,bers Gray, St. Croix, Suinn and Wilkinson. Nays: Councilmembers
gloom and Russell.
ORDINANCE NO. 40 , 1977
BEING AN ORDINANCE APSENDING SECTION
118-831-' (3) (b) [).01 OF THE CODE or• THE CITY
OF FORT COLLINS BEING A PORTION Oif THE ZONING
ORDINANCE RELATING TO LANDSCAPING REQUIREMENTS
IN A PLANNED UNIT DEVELOPMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
That Section 110-83F (3) (b) [101 of the Code of the City
of Fort Collins be, and the same hereby is, amended to read
as follows:
19 '
" [101
construction
development
' landscape pl
equivalent i
conditioned
No building permit shall be issued for
of any building on any portion of a unit
until the landscaping required by the final
an is in place or a bond, cash deposit or
s deposited with the Director of Finance
on and guarantceing the installation of all
landscaping shown on the approved landscape plan. Such
bond, cash deposit or equivalent shall be in the amount
of one hundred twenty-five percent (1250b) of the estimated
cost of the landscaping improvements determined by an
executed contract to install such landscaping or by
adequate appraisals of such cost. Such bond, cash
deposit or equivalent shall further guarantee the
continued maintenance and replacement of the landscaping .
for a period of two (2) years after installation, but
the amount of the same shall be reduced after installa-
tion is completed to twenty-five percent (250) of the
actual cost of such landscaping. If the required
landscaping is already installed prior to application
for a building permit, a bond in the amount of twenty-
five percent (25%) of the actual cost of the landscaping
guaranteeing continued maintenance and replacement of
the same for a period of two (2) years shall beyrequired
as a condition of issuance of the building permit. Any
bond, cash deposit or equivalent deposited pursuant to
this requirement shall be released upon certification
by the Building Inspector that the required landscaping
program has been completed and maintained in accordance
with the requirements of the bond. If any landscaping
required pursuant to this section is not maintained in
accordance with the requirements of the final plan,
such failure to maintain the landscaping shall be a
violation of this ordinance enforceable by action -in:
the Municipal Court of .the City of Fort Collins or the
County or District Court of L'arimer County, Colorado."
Introduced, considered favorably on first reading, and
ordered published this 29th day of March ,' A.D.
1977, and to be presented for final passage on the 19th day
of April , A.D. 1977.
ATTEST:
City Clerk 'Z-C4�1
1
20
Passed and adopted on final reading this 19th day of
A it
pr , A.D. 1977.
ATTEST:
Caty Clerk Deputy
First Reading:
Second Reading:
Dates Published:
Attest:
March 29, 1977
April 19, 1977
April 3, 1977
92,1t w
Deputy City Clerk
W, va I r
AA =110
(Vote: Yeas: 4, Nays: 3)
(Vote: Yeas: 4, Nays: 2)
and April 24, 1977
Ordinance Adopted on First Reading Amending
Chapter 33, Relating to 3.2% Fermented Malt
Beverage Licenses and Liquor Licenses
The City Manager's memo regarding this matter is as follows:
"The 1976 General Assembly enacted legislation relating to a license
which has been granted, but where such "facility has not been
constructed and placed in operation within two years of approval
of the license application or construction of t-he facility has not
commenced within one year of such approval."
This new provision places §33-14 B of the Code in conflict, as
the Code limits this time period to one year. At the Regular
Meeting of the Liquor Licensing Authority on April 6, 1977, the
Authority considered this provision and recommends the Council
change this provision to reflect the two year period as provided
by State Law. The Staff also recommends this provision be enacted
in the 3.2'/ Fermented Malt Beverage section and that a clarification
of Section 33-20 A be made to clarify the hours of sale and con-
sumption of a 3.2% Fermented Malt Beverage.
Current Section:
"§ 33-20. Regulation of sale and consumption (Amended 7-3-69
by Ord. No. 30, 1969)
A. It shall be unlawful for any person to sell
fermented malt beverages between the hours of
12:00 midnight and 6:00 A.M. or on Sundays
21
1
between the hours of 2:00 A.M. and 8:00 A.M.
or on any general or primary election day during
' polling or on the 25th day of December, commonly
called Christmas Day. (Amended 4-26-73 by
Ord. 42, 1973)"
Substitute:
A. It shall be unlawful for any person to sell
fermented malt beverages between the hours of
12:00 midnight and 6:00 A.M. or on Sundays
between the hours of 12:00 midnight Saturday
night and 8:00 A.M. or on any general or primary
election day during polling, or on the 25th day
of December, commonly called Christmas Day.
The Liquor Licensing Authority and the City Staff recommended that
the Ordinance be adopted."
Councilman Wilkinson made a motion, seconded by Councilman Bowling
to adopt Ordinance No. 41, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, St. Croix, Suinn and Wilkinson. Nays:
Councilmembers Gray and Russell.
Ordinance Adopted on First Reading Vacating
a Utility Easement in the Indian Hills Subdivision
Eighth Filing
Following is the City Manager's memo regarding this item:
"Because of the construction, the utility easement between Lots
184 and 185 of the Indian Hills Subdivision, Eighth Filing, was
never used. Therefore, this easement should be vacated. Prior
to adoption on second reading of this Ordinance, a new utility
easement will be submitted to the City."
Councilman Wilkinson made a motion, seconded by Councilman Suinn
to adopt Ordinance No. 42, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
Resolution Adopted Appointing Charles L. Bishopp
as Trustee of the Rockwell Ranch
Following is the City Manager's memo regarding this matter:
"At the March 29, 1977, meeting, the City Council approved the
appointment of Charles L. Bishopp as Trustee of the Rockwell Ranch
' to take the place of Ronald 0. Roberts. At the present time
Mr. Bishopp has the lease on the farm land at the Fort Collins-
22
Loveland Airport. Mr. Bishopp has agreed to serve as Trustee
and his appointment is subject to approval of the City of Greeley.
The appointment has to be adopted by Resolution." '
Councilman Wilkinson made a motion, seconded by Councilwoman Gray
to adopt the resolution. Yeas: Councilmembers Bloom, Bowling,
Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None.
RESOLUTION 77-27
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CONCERNING THE APPOINTMENT OF CHARLES L. BISHOPP
AS TRUSTEE TO MANAGE THE ROCKWELL RANCH OWNED
JOINTLY BY THE CITIES OF FORT COLLINS AND GREELEY
WHEREAS, the Cities of Fort Collins and Greeley, Colorado,
own what is commonly known as the Rockwell Ranch which was
obtained by said cities for the protection of a portion of
the water shed of the Cache la Poudre River which is a
source of domestic water for both cities; and
WHEREAS, Ronald O. Roberts was heretofore appointed
Trustee by appointment of both cities for the purpose of
managing such ranch property; and
WHEREAS, the said Ronald O. Roberts has tendered his '
resignation as Trustee to the Cities and it is therefore
necessary to appoint a successor trustee; and
WHEREAS, the City Councils of both Cities have agreed
on the appointment of Charles L. Bishopp to succeed Ronald
O. Roberts as Trustee of the Rockwell Ranch, and the said
Charles L. Bishopp has agreed to accept such appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS that Charles L. Bishopp be, and he
hereby is, appointed Trustee to represent the City of Fort
Collins in the management and control of the Rockwell Ranch
and to look after the Cities' interests in connection with
the same; and
BE IT FURTHER RESOLVED that the said Charles L. Bishopp
be authorized to enter into such lease or leases covering
said ranch as he may deem to be in the best interests of
both the City of Fort Collins and the City of Greeley and to
take such other action with relation to the ranch property
as he deems proper; and
23 '
BE IT
FURTHER RESOLVED that this
resolution and the
appointment
of Charles L. Bishopp as
Trustee shall be effective
'
at such time as both the City of Fort
of Greeley have adopted a similar resolution
Collins and the City
appointing
Charles L.
Bishopp as Trustee for the
Rockwell Ranch.
Passed and adopted at a regular meeting of the City
Council held this 19th day of
ATTEST:
City Clerk (Deputy)
Ordinance Tabled on First Reading Amending
the Zoning Ordinance with Regard to Regulating
Certain Adult Uses
The City Manager's memo regarding this item states in part:
"This Ordinance would provide that various adult uses would only
be allowed in the C, Commercial, District Zone. It also provides
' that any of these uses cannot be less than 500 feet from a resi-
dential district, a church, and/or a school, meeting all require-
ments of the compulsory education laws of the State of Colorado.
It further provides that these places should not be less than
1,000 feet from each other. The Assistant City Attorney informed
the Council that any of the existing uses would be "grandfathered"
in as nonconforming uses in the other zones."
The City Manager, Robert Brunton, also advised the Council that a —
meeting with the DMA had been held on Tuesday morning. There were
obvious concerns that areas of the C, Commercial zones will be
petitioned for the Historic zone and for redevelopment.
Council discussed their concerns with the limiting of these uses
to the one zone, C, Commercial. A suggestion was made to allow
this use in the H-B, Highway Business zone.
Councilman Bowling made a motion, seconded by Councilman Russell
to table Ordinance No. 43, 1977 to enable the City Attorney's
office to re -write the ordinance placing the listed uses in the
H-B Highway Business zone. Yeas: Councilmembers Bloom, Bowling,
Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None.
Jane Tester, a business owner in the downtown commercial zone,
' spoke in support of Council's action to reconsider the zones in
which the adult entertainment uses would be allowed.
24
Ordinance Adopted on First Reading Amending
the Peace and Good Order Ordinance Pertaining
to Offenses Against Public Decency '
The City Manager's memo regarding this follows:
"This Ordinance amends Section 84-2, Offenses Against Public
Decency, pertaining to minors. This Ordinance was requested
by our Police Department and reviewed by the Assistant City
Attorney at the April 12, 1977, Council meeting."
Councilman Bowling made a motion, seconded by Councilman Suinn
to adopt Ordinance No. 44, 1977 on first reading. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn
and Wilkinson. Nays: None.
Resolution Tabled Authorizing the Acceptance
of a Grant Offer from the United States
Government Relating to the Development of
the Fort Collins -Loveland Airport
City Manager Brunton stated that this item needs to be tabled at
this time and that an adjourned meeting be scheduled for April 26,
1977 at 1:15 p.m.
Councilman Wilkinson made a motion, seconded by Councilman Suinn '
to table the resolution to the adjourned Council meeting of April 26,
1977. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn,
and Wilkinson. Nays: None. (Councilman Russell out of room.)
Amendment to Engineering Contract Approved
for Fort Collins -Loveland Airport
The City Manager's memo regarding this item is as follows:
"At its March 29, 1977, meeting, the Fort Collins City Council
adopted an amendment to the engineering contract with M & I, Inc.,
to do the engineering work with regards to the expansion of the
apron parking facilities and the reconstruction of a portion of
the existing runway. The amendment passed at the March 29, 1977,
meeting was for an additional $6,600 which brought the total for
engineering services to $31,600. Subsequent to that, the FAA
decided not to fund the reconstruction of the runway. Therefore,
we have to approve an additional amendment superceding the amend-
ment that was passed at the March 29, 1977, meeting. This amend-
ment is for the additional engineering work in connection with
the apron only. It is in the amount of $2,290. We will be
coming back to the Council with a request for M & I, Inc:, to do
the engineering work in connection with the reconstruction of a
portion of the existing runway" '
25
Councilman Bowling made a motion, seconded by Councilman St. Croix
to approve the amendment to the engineering contract for the Fort
' Collins -Loveland Airport with M & I, Inc. deleting the previous
agreement to pay $6,600 and substituting the provision of $2,290
and changing the scope of work accordingly. Yeas: Councilmembers
Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None.
(Councilman Russell out of room.)
Application Approved for Pawnbroker's License
by Daniel E. and Shirley A. Zwetzig,
130 South Mason Street
The City Ordinances require that the Council approve the issuance
of a Pawnbroker's license.
Councilwoman Gray made a motion, seconded by Councilman Wilkinson
to approve the application for a pawnbroker's license submitted
by Daniel E. and Shirley A. Zwetzig dba City Pawn Shop at 130
South Mason Street. Yeas: Councilmembers Bloom, Bowling, Gray,
St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell
out of room.)
Commendations
Presentation of Commendations to Officer John Martinez, Se
i.arry Jillrh nnri Fraud Investigator Sandv Gibson
The commendation to John Martinez is as follows:
V11
t
OFFICIAL COMMENDATION
TO: John K. Martinez Date April 19 1977
FROM. Ra 1 ph M. Smi th , Chi efi of _Po i cc
I wish to commend Officer. Jchn!Kr MartineZ� .`
� � •..: ' --.
who is presently assigned to the C'r`ime Prevention�I)l, 15 nnDivision
rS
for the following: i � �'�; n�ljl � ��,;�if ' a _�,x t F
Outstanding Police Jtctfon _' _'' _ "\'Act Beyond 'the Call of Doty
Unusual Bravery .i ��, F'r ,X Unusual',Atention to Duty
_ Citizen Praise ort6ompliment iOther Meritor.11f` Act
�• !
WHEREAS ft is realized that the great bplk of police` work to done routinely by good police-
,
men, let it be known that the above -named officer displayed initiative and elertr�eae decidedly in
excess of the n rm. in this 'particular instance.
This Commendation is being, presented ,to you for the contri-
Fact SituatIon:
h 1 c--yOha V°ti'a d° P--hP R�St �3T..voa c•'n'ila ccrvin<
Crime Preventioh Officer for the City, of Fort ,Collins. =;t
When aopointed'�d this;�po.s ion',.crYme'pre5ention was A, r`e�atively new
TTe of interest to, the department and, little effort had:r bee+ynade to promote
the concept.. Hoy!) Y iIlCe__thL..t_tjme. Vour ron\irtinnc tb that rnnrpnt and
the energies you have.spent promoting;crimp prevention have iallowed the City of
"---�ro rams which you have ini.tlated .include Oper„ation,f,.u.; ouslness dno
resi den ti al security surveys; :"If -You-Park-dt -' L'ock' It;"; Women's Safety
presentations; shoplifting preventiop for businesses;=false alarm reductlon
rogra Lic sPrvi e-annoubremmlS �rr'im drPVP�tion displays and ores n ti
and, most recently, Neighborhood. Watch: r,
There is little doltht'that citizen 'involYei pn in crime prevention is the -
answer to an ever increasing.-crim, p.robUm=and,I'am sure that the impact you
to come. �' 1 f .'.'
r
AAA Chief of Police
27
The commendations for Sandy Gibson and Larry Julch are as follows:
FORT COLLINS POLICE DEPARTMENT
OFFICIAL COMMENDATION
TO: Fraud Investigator Sandra M. Gibson
Date April 7, 1977
FROM: Ralph M. Smith, Chief
I wish to commend ®gam Frat.. Investigator`Sandt`a M Gih�on
s I.. n�
�� Fraltd and For egy'tru eau-2iAvestiaative Division
who is presently assigned ,to thg 4 a
— 11 . a. + a tt r�
for the following: 41�kt,����I�II� IIIh "1 «.'� iy Y1
' �,IICI
Outstanding Police IAcaoW6 li t1�ct IHg�gond the call of Arty
(:
I, I t
Unusual Bravery'�� /, ..,�. �_�_ Umttlsual Aiteation to Duty
Citieen Praise or Compltmeat Otter Meritorious Act
ff I I I I 4 • .V '-�� �, r
WHEREAS of Is reallzed that the greet bulk ofIpoliee,work is dope!routinely by good police-
,. t r *, i it I I it il,ll '� ,. � •
men, let it be k>>own'that the abova named officer displayed initiativ9 ands alertness decidedly to
excess of the norm in'thie'parttcular instance
er .1975', the
Fact Situation: In SeptembDistrict Attorney s,Office conveyed
—, �
the responsibilit, for the,investigation of insufficient.checkscases to the
Fort Collins Police De artment. As a result`•of this •actioh ,tAe Fraud and
Forgery Bureaulwas.es'tablished to investigate,,not,l1only. ajI ,ifsufficient tuna
check incidents, s�1.Lfr�dS slad foroertei a� WP11
Th's conmendation is hei,g9.pre,sented;to you for the outstanding
work you have done rs a member of that Bureatf i' ''�
In 1976, you handled 1,9221,922.case.s�:or,approximately 75% of all
Part II crimes, involving adults, which receivedlfollOw-un investigation. Even
with this exceptional caseload, you were able :to achieve a 49% clearance on
the forgery cases and a 96" clearan'ce;on'A eh ,,feaud cases. These successes
allowed for a recoveryiof•approximatelyi�501000 to Fort Collins merchants and
. residents Figures for the firstAI ree ln6n;hsAjf0977 indicate that even the
T ,.
previous year's totals wil bedsurpassed:;.-�, F if
titi'cr:r,l:I•1/,'.eo
20 Chief of Polies
FORT COLLINS POLICE DEPARTMENT
e
OFFICIAL COMMENDATION
TO: Sergeant Lawrence H. Julch Date hril Z. 1977
Chieficif'POitcer
FROM: Ralph M. Smith,
M. n,
iLawrence H - Oul-ch'
1 wish to commend ®Rf7Xjt4f Ser eant
tl pcti ti\•o Division
to the Fr ud n r 9
who is presently assigned
, Q I tin
for the following:
outstanding Police' Action c Act Beyond the Call of Duty
dr ; • -::�-- : X Unusual 'Attention to Duty
Unusual Bravery Wt �— g
Iof l�ompliment Other Meritortcus Act
Citizen Praise
the bulk of Policelwork is done routinely by Good police-
WHEREAS t {8 realized that great
men, let it be lmown*that the above-�ed o��,aisplayed iative aad alertaeee decidedly in
l j 114 '
excess of the norm in 'this partieular instance.
Fact Situation: '�In SSeotemb r nP DlStr'rt Attnrna 's`nffire convoyed
to
the responsibility ,for the investigation of insufficieri,t;cn',%,
Fraud andses
Fort Collins Police' Department. As a -result 'of this•action-'
orgery ureau;was esca as e lnves lga e no ;on y lnsu lclen un
as well..--'''
check incidents, but all frauds and forgeries
commendation is being, presented, to you for the outstanding
is
work you have done as a member of that Eurea6.:''
aoproximitely 76% of all
In F 76, you handled 1,9.22.casps,or
investigation. Even
Part II crimes, inv lvinq adults, which receivedlfollow-up
caseload, you were abbe .tb achieve a 49% clearance on
with this exceptional
the forgery cases and a 96% clearance_'pn the fraud cases These successes
Fort Collins merchants and
allowed for a recovery-. of, approximately $50';Q00 to
ma the 1977 indicate that even the
residents. Figures for the first'Ithree ,6,f
previous year's totals wi i:,:b surpassed'.= •� ;.:,:
Thank you
0
1
^—' chief of Police
29
t
Citizen Participation
Becky Luallen, Pam Gustafson, Linda Hewett and Wendy Cameron of
Lincoln Junior High School addressed Council regarding class
discussions on child pornography and asked if there was anything
the Council could do to held in the passing of laws to help regulate
the sale of pornographic materials to minors.
The following letter from Osprey Homes was read at length by
Mayor Bloom:
Gentlemen:
I am writing this letter to express my satisfaction in my
dealings with the Planning and Engineering. staffs of the City of
Fort Collins.
Presently we are in the midst of planning several large develop-
ments constituting a total of close to 1,600 units. This amount of
planning and direction is, in itself, a tremendous amount of work.
Because these projects are being planned in a rather unique and
innovative fashion, and because they present several new concepts
in development, the amount of thought and time required is close
to doubled.
Without the guidance and assistance of Les Kaplan, Paul Diebel,
Roy Bingman, Lloyd McLaughlin, Don Parsons and Lynn Greenwood my
work could not have proceeded as smoothly as it has.. The input '..-
,of these people has been particularly gratifying in that they seem"
responsive to what must be considered progressive ideas and have
spent a great deal of time assisting me in planning for quality
developments. Their concern with the ,quality of development and
the practicability of development has impressed me. To be sure,
there have been differences of opinion. The differences, however,
have always been presented courteously and in many cases were well .
founded questions as to the practicability of my approach.
Roger Kremple, Chuck Liquin and John St. John have also been
involved in helping me plan water, sewer and electrical layouts,
and their concern not only for quality of development but its cost
to the developer is a pleasure.
All in all it has been a pleasure working with all of these
gentlemen. I look forward to working with all of them as subsequent
phases of development proceed over the next years.
Reid L. Rosenthal
RLR/ j rh
30
The following proclamations were read at length:
Secretaries Week - April 24-30, 1977 '
Respect for Law Week - May 1-7, 1977
Fort Collins Senior Citizen's Week - May 23-29, 1977
Ms. Addie Sobulsky was present and received the proclamation for
National Secretaries Week from Mayor Bloom.
Report from City Manager
The following items were reported:
1. Used Brick, Inc. of Denver low bidder on demolition of the
Pioneer Museum.
2. Ground breaking of the new City Hall on last Monday, first
bid on fencing the area awarded to Colorado Fence Company.
3.
Bidding major items on the Ludlow Building,
4.
Examined the final specs and plans for the Auditorium on
Tuesday, April 19, 1977; the bids will be out by April 22nd
and opened on May 17th and then brought to Council on May 24th
or 31st; ground breaking to be Monday, June 20.
5.
Statement from Les Kaplan on the County Policy Plan, two public
1
hearings on the document, this Thursday, April 21st at Rocky
Mountain High School and Tuesday, April 26th at Lesher Jr.
High School.
6.
May 4th, Eric Eidness and Larry Timm will be giving a briefing
on 208 Planning Alternatives to the Planning Board.
7.
Final agreement with the owner of the property of Cinema 35,
we will not own the building but we will be able to purchase
the property later at an agreed to price right now.
8.
Request Council to have their comments on the Goals and Objectives
back to City Manager by May 3rd and then the administration
will summarize them by May 17th or 18th and then discuss them
at the May 24th work session.
9.
Tax Committee met Tuesday, April 19th and will report to Council
on May 3rd.
10.
Resignations received from Ed Stoner on the Liquor Licensing
Authority and Nancy McComb on the Housing Authority.
_ 31
11. Complaint procedure policy regarding citizen complaints
filed against police officers and the police department
rules and regulations in handling the complaints against
officers were handed out to the Council for their review.
12. Secretary for the Department of Interior has signed the City's
loan application on Joe Wright and has been sent on to
Congress for the appropriation committee to be included with
the 1978 appropriations.
13. Add two items under other business:
A. Rental of surplus water for irrigation purposes.
B. Pawnbroker's license for Ralph "Ted" Will.
14.
Schedule an adjourned
meeting
on
April 26.
15.
Begin meeting on May
3rd at 4:30
p.m.
Report from Citv Council Members on Committees
Councilman Russell stated that there would be a Platte River Power
Authority meeting on April 21, 1977 at 4:30 p.m.
Councilman Suinn stated that there would also be a COG 208 meeting
' on Thursday, April 21st at 4:30 p.m.
Permit to Paint House Numbers on City Curbs Approved
The Code of Ordinances require that the Council approve all
applications for permits to paint house numbers on curbs.
Director of Engineering services, Roy Bingman, stated this is a
routine application.
Councilman Wilkinson made a motion to approve the application
from the Knights of the Round Table for a permit to paint house
numbers on City curbs during the month of May, 1977. Councilman
Suinn seconded the motion. Yeas: Councilmembers Bloom, Bowling,
Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None.
Termination of Active Status for
Inactive Development Proposals
Following is the City Manager's memo regarding this item:
"There is a need to clear our official records of various develop-
ment and zoning items that have been officially started. At the
present time these items are listed in the Planning and City Clerk's
32
offices as items pending final City Council action. We on .the
staff feel that once a subdivision has been initiated and
reviewed in preliminary form before the Council, or a zoning
petition requested, the Council minutes should indicate these
items are terminated.
Enclosed is a memorandum from our Planning Department with regard
to the following three items:
Lake Sherwood Subdivision, Fo
plan was approved
conditioned on st
plans were never
being pursued by
Final Plat. This
y the City Council on March 2, 1976,
aff approval of the utility plan. Utility
submitted and the proposal is no longer
the applicant.
Amendment to Harvard Subdivision, First Filing, PUD. This
site plan was reviewed y the Planning and Zoning Board on
October 4, 1976, and was given a recommendation for conditional
approval. These conditions were never met because the proposal
is no longer being pursued by the applicant.
Replat of Lot 4, Tennyson Heights. At the March 14, 1977,
meeting, the Planning and Zoning Board recommended denial of
the replat and explained to the applicant that the replat
could not be approved because it did not meet the requirements
of the subdivision ordinance. The staff also explained that
replatting would not accomplish the applicant's objectives
anyway. The applicant has subsequently requested that the
replat be withdrawn from consideration.
Recommendation: The Administration recommends that the City Council
IT -officially deny the Final Plat of the Lake Sherwood Subdivision,
Fourth Filing, 2) deny the Amendment to Harvard Subdivision, First
Filing, PUD, and 3) accept the withdrawal of the Replat to Lot 4,
11
Tennyson Heights.
Councilman Bowling made a motion, seconded by Councilwoman Gray
to adopt the action as stated above in the staff recommendation.
Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and
Wilkinson. Nays: None. (Councilman Russell out of room.)
Stover - Drake Traffic Situation
Following is the City Manager's memo regarding this item:
"At the March 15, 1977, City Council meeting, Mrs. Pamela Sysum
made a presentation to request a traffic signal installation at
the intersection of Drake Road and Stover Street. A copy.of the
outline used by Mrs. Sysum is included with this report. The
City also received a petition signed by 760 citizens requesting
33
a traffic signal at this location. Mrs. Sysum indicated as the
basis of need for the traffic signal that the area of Drake Road
' in the vicinity of Stover Street had both congestion and excessive
speed by the vehicles in the east -west directions. She indicated
that the residents both north and south of Drake Road are affected
by the conditions at Stover and Drake, and that school children
are particularly a matter of concern.
Since the March 15, 1977, Council meeting, a complete study of
the intersection of Stover and Drake has been made and studies
have been completed for seven other intersections which we felt
were approaching warrants for traffic signalization.
In general, the warrants for traffic signal installation are
simply the criteria which have been developed over the years to
provide the rational basis on which to make the decision on
whether or not to install a signal. Without such criteria, the
installation of traffic signals could become a haphazard process.
and could result in signals being installed in locations that are
not justified. The system of warrants is used by the State Highway
Department and by the Federal Government for traffic signal installa-
tion. The State Highway Department will not allow a traffic signal
installation on a State Highway that does not meet warrants.
By way of background information, we have enclosed a list of
traffic signal installations over the past three years. In each
' case, a traffic study was made and the signal installation was
justified on the basis of these standard warrants.
On April 11, 1977, Roy Bingman, Engineering Services Director,
Joe Rice, Traffic Engineer, and I met with Mrs. Sysum, Mrs. Thompson,
Mrs. Machuga, Mrs. Andersen, and Mrs. Pastor, representing the
group petitioning for the traffic signal installation. We
explained the traffic study which had been completed on the
intersection and the background of traffic warrants used as the
rational basis on which to make a decision on traffic signal
installation.' We indicated that, although the Stover - Drake
intersection does not meet the minimum volume, interruption of
continuous traffic, and accident incident criteria, we are still
concerned about the problem of speed in the general area of Stover
Street on Drake, the problem of school children crossing Drake
between the marked school crosswalks, and the fact that vehicles
tend to stretch out in the mile between Lemay and College Avenue
rather than remaining in groups of vehicles."
Director of Engineering Services, Roy Bingman, reviewed in detail
the studies made concerning traffic counts and other criteria
for evaluating the corner for a traffic control device.
The following persons spoke in favor of some kind of control device
for the corner:
34
Mrs. Pamela Sysum
Mrs. Kathleen Thompson '
Mrs. Pastor
Mr. Al Wonch spoke to Council regarding a possible alternative,
a walkway.
Councilman Bowling stated he felt this particular corner had
special problems and needed to be treated as such; he compli-
mented staff on the extensive study which had been made on
this particular matter; supported the installation of a traffic
light.
Councilwoman Gray stated she would support the installation of
a light; she complimented staff on their hard work compiling
the traffic studies.
Councilman Russell supported the statements made by both Council-
man Bowling and Councilwoman Gray.
Councilman St. Croix stated he felt there were two problems:
1) children crossing the street and 2) a problem of automobiles
getting onto Drake at certain times. He felt an interrupter
light might be benificial.
Councilman Suinn complimented staff in their efforts regarding '
this matter; possibly need to change the priorities.
Councilman Wilkinson complimented staff on their efforts; feels
that something is needed to slow down the speed.
Mayor Bloom stated that he would support the recommendations
set forth from the administration.
Councilman Bowling made a motion that the City of Fort Collins
install full signalization on the corner of Drake and Stover
as soon as possible. The motion was seconded by Councilwoman
Gray. Yeas: Councilmembers Bowling, Gray, St. Croix, Suinn
and Wilkinson. Nays: Councilmembers Bloom and Russell.
Southmoor Village East, Third Filing,
Final Plat Approved
The City Manager's memo states in part:
"The Third Filing of Southmoor Village East consists of 136.2 acres
zoned R-L-P, Low Density Planned Residential District, and is
located east of Lemay and south of East Swallow Road. This Third
Filing has 323 single-family lots for a density of 3.5 units per ,
acre."
is
The following background was given:
' Background
This is the final plat of a proposal for 323 single family lots. As the
land use breakdown analysis below indicates, these lots cover the large
majority of the site, although substantial tracts remain for a school
site, storm runoff drainage and detention areas, and for possible multi-
family development under the P.U.D. ordinance.
Most of the area of this proposal was platted in 1972 (as Southmoor Village
East, First Filing) for quite large single family lots surrounded by sizeable
areas of open space. None of this proposed development ever took place. This
new proposal is for smaller lots without any large areas of open space which
would in general seem to be a more workable approach to development of this
area.
The proposal was considered twice by the Board in 1976, but the plat was not
finalized pending negotiations between the developer and Poudre R-1 School
District concerning the location of a new elementary school to be built in
this area. These negotiations have been finalized and the 7.5 acre school
site is included on the revised plan and indicated as "Tract F."
Land Use Breakdown
Total area . . . . . . . . .
Area platted into lots . . . .
Total lots . . . . . . . . .
Density (single family area)
Ave. lot size . . . . .
Ave. size "large lots"
Ave. size "medium lots"
Ave. size "small lots" .
Areas intended for future
P.U.D. development . .
136 acres
92 acres
323 single family
3.5 units/acre
8874 sq. ft.
10,800 sq. ft.
9,200 sq. ft.
7,500 sq. ft.
20 acres
(Tracts B, C, D)
Areas for drainage and storm
detention (open space). . . 11 acres.
(Tracts A and E)
Poudre R-1 Elementary School Site 7.5 acres
Street R.O.W. . . . . . . . . 5.5 acres
Planning_ and Zoning Board Recommendation: Conditional Approval
The Board considered the final plat at its January meeting and recommended
approval subject to a revision of the proposed street layout in the area
north of the school site so as to improve access to the local collector
street, Centennial Road; and also subject to a number of other technical
revisions as suggested by the staff.
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Staff Comments
The conditions of the Board's recommendation have been met. The developer t
has not signed the utility agreement as of this writing, but we expect this
to be done prior to the Council meeting.
Councilman Wilkinson made a motion, seconded by Councilman
Bowling to approve the Southmoor Village East, Third Filing,
Final Plat. Yeas: Councilmembers Bloom, Bowling, Gray,
Russell, St. Croix, Suinn and Wilkinson. Nays: None.
Kensington South Subdivision,
First Filing, Final Plat Approved
The City Manager's memo regarding this item follows
"The Kensington South Subdivision, First Filing, consists of
18.8 acres zoned R-L-P, Low Density Planned Residential District,
located on the south side of West Drake Road and east of
Constitution Avenue. The First Filing consists of 64 lots for a
density of 3.4 units per acre.
At the February 7, 1977, meeting, the Planning and Zoning Board '
recommended for approval providing that the utility plan includes
a landscape plan for the arterial street right of way. This
detention area would provide for low maintenance landscape treat-
ment with proposed fencing. The Planning and Zoning Board feels
the developer should agree to maintain the area for a 2-year
period until the planting material has been established. The
developer has agreed to this condition established by the Board."
The plat was reviewed by Paul Deibel of the Planning Office.
Councilman Bowling made a motion, seconded by Councilwoman Gray
to approve the Kensington South Subdivision, First Filing, Final
Plat. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix,
Suinn and Wilkinson. Nays: None. (Councilman Russell out of
room.)
Consideration of Purchase of Vance Property
Drake and Lemay Tabled to April 26
After a short discussion of this particular item, Councilman
Wilkinson made a motion, seconded by Councilwoman Gray to table
consideration of this matter to April 26, 1977. Yeas: Council -
members Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. '
Nays: None. (Councilman Russell out of room.)
37
Authorization to Proceed wth Resident Inspection
of Construction for Joe WriQht-Reservoir
' The City Manager's memo regarding this follows:
"If we are going to start construction on the Joe Wright Reservoir
this year, it is imperative to begin recruiting for resident inspec-
tion of the construction. On September 2, 1975, the City Council
authorized the Administration to enter into final design portion
of the engineering services contract with McCall -Ellingson and
Morrill, Inc. It is going to be difficult to recruit six full-
time people for four to six months and the three part-time people
for a month and a half in 1977. Enclosed is a memorandum from
Roger E. Krempel, Water Utility Director, with regard to this
subject. His memo is in response to the letter from Lyman R.
Flook, Jr., Vice President of McCall -Ellingson and Morrill, Inc.
Mr. Flock's letter gives considerable detail of the past action
with regard to this project.
The total estimated cost of the resident inspection will be in
excess of $500,000. The actual amount paid.to McCall -Ellingson
and Morrill will depend upon the number of people directly on
the City payroll. However, any City personnel working on this'`
project will be as much a cost as the McCall -Ellingson and
Morrill personnel. This is considerably higher than I would
like to see. According to Mr. Flook, the cost of resident
' inspection for Bureau of Reclamation earth dams is about 13%
to 30% of the project cost compared to our 9% to 12%. Since
the Teton Dam failure in Idaho, there has been a great deal
more emphasis on the need for complete inspection of these
projects. Reluctantly we feel that we have no alternative but -to
recommend that we proceed with the proposalof McCall -Ellingson
and Morrill to provide resident inspection.
Our Charter stipulates that no contracts for services should
be for a longer duration than two years. Neither the City
Attorney nor I feel that this was meant to include projects that
were underway but took several years to complete. The last
extension agreement was approved on April 1, 1975. To safeguard
the project, it would be advantageous to extend the contract
with McCall -Ellingson and Morrill until April 1, 1979.
As yet we have no assurance that we will be successful in
obtaining the Bureau of Reclamation loan. We have requested that
the loan be authorized for the Federal fiscal year beginning
October 1, 1977. Our application for this is now on the desk
of the Assistant to the Secretary of the Department of Interior.
Mr. Krempel, our Water Utility Director, and I testified in favor
of this application on April 4, 1977, before the Senate and
House Subcommittees on Public Works Appropriation..
1
38
We hope that our application will be approved. If it is,
expenditures after October 1, 1977, can be funded through the
loan but any amounts expended before that date cannot be '
covered by the loan. Because of the potential prolonged
water shortage and increased construction costs due to infla-
tion (estimated at $500,000 per year) we do not feel that the
project will be delayed till Federal fiscal year 1979.
Therefore, if the present application for funding in Federal
fiscal year 1978 is not approved, the Administration feels
that private financing for the entire project might be necessary.
It should be clearly understood that approval of our recom-
mendation to accept the McCall -Ellingson and Morrill proposal
is in _effect a committment to proceed with the project with
or without the Bureau loan.
There are several other items that we will have before the
Council subsequent to this action. We plan to have the plans
and specifications out for bid the week of May 16th. We hope
to open bids on June 1 or 2 and, if everything is in order, have
the construction contract ready for Council approval at the
June 7, 1977, meeting, During the month of May we will have
to discuss with the Council the necessary water rate increase
and the complete method of financing. We have adequate reserve
funds to begin this project and if necessary to complete the
first year's work. This, however, would cause a severe
drawdown on our necessary reserve capital."
Roger Krempel reviewed the process of financing and the work to I
be done by the inspectors.
Mr. Lyman F1ook, Jr. spoke briefly to the foundation problems
and the testing required.
Councilman Wilkinson made a motion, seconded by Councilman Suinn
to approve the resident inspection of the construction. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn
and Wilkinson. Nays: None.
Councilman Bowling made a motion, seconded by Councilwoman Gray
to approve the extension of the overall contract with McCall -
Ellingson and Morrill until April, 1, 1979. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson.
Nays: None.
Councilman Wilkinson made a motion, seconded by Councilman Bowling
to authorize the administration to proceed with the bidding on
the plans and specifications of the Joe Wright Reservoir project.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
39 '
Other Business
' The City Manager presented the following items:
1) A pawnbrokers license application for Mr. Ted Will dba
The Mister Pawnshop, 153 North College Avenue; the recom-
mendation from the Police Department is to approve the
application.
Councilwoman Gray made a motion, seconded by Councilman
Suinn to approve the application. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix and Suinn.
(Councilman Wilkinson out of room.)
2) Reports from the Water Board and Roger Krempel regarding
the raw water available to the City and the recommended
rates for leasing irrigation water. The recommendation
is as follows:
"NCWCD Assessment $5.00/share
Recommended Rental Rate $8.00/acre foot
North Poudre Irrigation Company
Assessment $45.00/share
Recommended Rental Rate $55.00/share
Water Supply and Storage Co. Annual
Assessment $270.00/share
Recommended Annual Rental Rate $850.00/share
Warren Lake Reservoir Company
Annual Assessment $100.00/share
Pleasant Valley and Lake Canal
Company Annual Assessment $110.00/share
Recommended Rental Rate $120.00/share
South Side Ditches:
Arthur Irrigation Company
Annual Assessment $6.00/share
Recommended Rental Rate $7.00/share
New Mercer Irrigation Company
Annual Assessment $70.00/share
Recommended Rental Rate $80.00/share
Latimer County Canal No. 2
Annual Assessment $50.00/share
Recommended Rental Rate $55.00/share"
40
Councilman Bowling made a motion, seconded by Councilwoman Gray
to authorize leasing of water for 1977 irrigation year in '
accordance with the recommendation of staff and the Water Board.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
Mayor Bloom stated he had talked to Mr. Dick Albrecht of the
Chamber of Commerce about the Mayor for the Day program and
the Chamber did request continued City participation. Most of
the Council was in favor of appointing a Chamber member as the
City's official representative instead of using a Councilmember
or a staff person due to the already heavy demand on their time.
Mayor Bloom adjourned the meeting to April 26, 1977 at 1:15 p.m.
The meeting adjourned at 10:40 p.m.
ATTEST:
Deputy City Clerk
May
41