HomeMy WebLinkAboutMINUTES-10/04/1977-RegularOctober 4, 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 October 4, 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: Lanspery, Kaplan, Thexton, Bingman, Sanfilippo,
Liley, DiTullio and Dowell. (City Attorney
March arrived at about 9:00 p.m.)
Minutes of the Adjourned Meeting of September 13, 1977
Approved as Published
Councilman Suinn made a motion, seconded by Councilman Wilkinson to
approve the minutes of the adjourned meeting of September 13, 1977
' as published. Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted on Second Reading Amending the
_Code Relating to the Salary of the City Manager
The City Manager's memo regarding this item is as follows:
"This Ordinance amending the Code relating to the salary of the City
Manager was passed on first reading at the September 20, 1977, Council
meeting. This Ordinance was prepared based upon the contract agree-
ment signed by John E. Arnold and the Council on August 23, 1977."
Councilman Wilkinson made a motion, seconded by Councilman Suinn to
adopt Ordinance No. 112, 1977 on second reading. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays:
None.
THE MOTION CARRIED
1
161
October 4, 1977
ORDINANCE NO. 112 , 1977
BEING AN ORDINANCE AMENDING SECTION 2-22 OF THE CODE
OF THE CITY OF FORT COLLINS RELATING TO THE SALARY OF
THE CITY MANAGER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COL -
LINS:
That Section 2-22 of the Code of the City of Fort Col-
lins be, and the same hereby is, amended by deleting there-
from the words and figures; "Thirty-three Thousand Six
Hundred Dollars ($33,600.00) per annum", and by substituting
therefor the words and figures: "Thirty-eight Thousand
Dollars ($38,000.00) per annum".
Introduced, considered favorably on first reading,
and ordered published this 20th day of September, A.D. 1977,
and to be presented on the 4th day of October
A.D. 1977.
r
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this
October A.D. 1977.
ATTEST:
City Clerk(Deputy)
162
4th day of
1
October 4
1977
1
First Reading: September 20, 1977 (Vote: Yeas: 7,
Second Reading: October 4, 1977 (Vote: Yeas: 7,
Dates Published: September 25, 1977 and October 9, 1977
Attest:
y( o o 494: .. _ � f)
Deputy City Clerk
Ordinance Adopted on Second Reading Relating
to Water Utility Rules Regulations and Policies
The City Manager's memo regarding this item is as follows:.
Nays: 0)
Nays: 0)
"This Ordinance was passed on first reading at the September 20,
1977, City Council meeting. Ordinance No. 113, 1977, deals with
administrative procedural changes in the water utility concerning
the installation of meter set devices and potable water complaints
procedure."
Councilman Bowling made a motion, seconded by Councilwoman G.-ay
to adopt Ordinance No. 113, 1977 on second reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
THE MOTION CARRIED
ORDINANCE NO. 113 , 1977
BEING AN ORDINANCE AM' —ENDING SECTIONS 112-29
AND 112-33 OF THE CODE OF THE CITY OF
FORT COLLINS RELATING TO THE CITY WATER UTILITY,
PROVIDING FOR THE PROMULGATION OF RULES,
REGULATIONS, POLICIES AND PROCEDURES FOR THE
CITY WATER UTILITY AND PERTAINING TO THE
INSTALLATION OF I✓ETERS AND DIETER SET DEVICES
FOR CONNECTIONS TO THE WATER UTILITY
AND REPEALING SECTION 112-37 OF THE CODE
OF THE CITY OF FORT COLLINS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. That Section 112-29 of the Code of the City
of Fort Collins be, and the same hereby is, amended to read
as follows:
163
October 4, 1977
"S 112-29. Rules, regulations, policies and procedures.
"The Director of water and Sewer Utilities ma_,, promulgate '
such rules, regulations, policies and procedures not in
conflict with the provisions of this article as he may
deem necessary for the proper administration of the
water utility. Such rules, regulations, policies and
procedures shall be effective upon approval of the same
by the City Council by resolution and filing a copy of
the same with the City Clerk. Any person served with
water from the City water utility shall abide by all
effective rules, regulations, policies and procedures,
and the failure to abide by the same shall be a violation
of this article, punishable as a violation of the Code
of the City of Fort Collins or by discontinuing water
service -until the violation is corrected."
Section 2. That Section 112-33B of the Code of the
City of Fort Collins be, and the same hereby is, amended to
read as follows•
"B. All meters shall be of a type, size and
design approved by the Director of Eater and Sewer
Utilities and shall be installed as required by the
rules, regulations, policies or procedures for the
water utility. Each meter shall be inspected by the '
City and shall be properly adjusted before installation."
Section 3. That Section 112-33E of the Code of the
City of Fort Collins be, and the same hereby is, amended to
read as follows:
"E. For all connections made to the Cite water
utility there shall be installed in the service line a
meter set, regardless of whether the particular service
requires a water meter. Such meter set shall be installed
in accordance with the provisions of the rules, regula-
tions, policies or procedures of the water utility."
Section 4. That Section 112-37 of the Code of the City
of Fort Collins be, and the same hereby is, repealed.
Introduced, considered favorably on first reading, and
ordered published this 20th day of September , A.D. 1977,
and to be presented for final passage on the 4th day of
October , A.D. 1977.
164 1
October 4, 1977
ATTEST•
City Clerk
Passed and adopted on final reading this 41th
October , A.D. 1977.
ATTEST:
City Clerk Deputy
day of
First Reading: September 20, 1977 (Vote: Yeas: 7, Nays: 0)
Second Reading: October 4, 1977 (Vote: Yeas: 7, Nays: 0)
Dates Published: September 25, 1977 and October 9, 1977
Attest:
Deputy City Clerk
Ordinance Ado
the Ne
ted on Second Reading Zoning
son Second Annexation
The City Manager's memo regarding this item is as follows:
"This Ordinance was passed on first reading at the September 20,
1977, City Council meeting. It provides for zoning of 42.27 acres
located on Timberline Road north of East Horsetooth Road. The
north 22 acres of the site are to be zoned R-L-P (Low Density
Planned Residential District) and R-H (High Density Residential
District for the south 20 acres.)"
Councilwoman Gray made a motion, seconded by Councilman Wilkinson
to adopt Ordinance No. 114, 1977 on second reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
THE MOTION CARRIED
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165
October 4, 1977
ORDINANCE N:. --- - 1: ,
5E1N( AN _IP.C.iNAN'CE, AMEN-U]N`C .aPT= i1> 0= THE CODE O` '
7HE C;T` OF FOR7 COLLINS. COMn10NL''KNOWN AS THE ZONING
OROINA!vCE AND CLASSIFYJN: FGP: ZONING PURPOSES THE
PROPERT`' INCLUDE, IN THE NE -'SON SECOND .ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
BE I7 ORDAINED E.l' THE COUNCIL OF THE CTTY OF FORT COLLINS:
Section 1. That the Zoning District Viap 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 Nelson Second Annexation to
the City of Fort Collins, Colorado, in zon�nc districts as foliowc:
A. R-L-P, Low Density Planned Residential Zoning District.
A tract of land situate in the Southeast 1/4 of Section 39.
Township 7 North, Range 68 West of the Sixth P.M., Larimer
County, Colorado, which consigering the East line of said
Southeast 1/4 as bearing S OGc25'30" 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 00026'30" W 795.00 feet; thence N 89 49'59" W '
1206.25 feet to a point on the West right-of-way line of
the Union Pacific Railroad. thence along said 'Jest right-
of-way line, N 00024'43" E 794.32 feet to a point on the
East-West centerline of saad Section 30; thence along said
East-West centerline, S 89 51'55" E 1206.67 feet to the
point of beginning, containing 22.01 acres, more or less.
R-H, Hiqh Density Residential Zor.ing District.
A tract of land situate in the Scutheast 1/4 of Section 30,
Township 7 North, Range 68 West of the Sixth P.M., Larimer
County, Colorado, which consi8ering the East line of said
Southeast 1/4 as bearing S 00 26'30" W and with all bearings
contained herein relative thereto, and beoinnina at the
East 1/4 corner of said Section 30, .thence S 00°26'30" '
795.00 feet to the true point of beginning, thence S 00 26'30"
W 732.80 feet; thence N 89044'29" W 1205.87 feet to a point
on the West right-of-way line of the Union Pacific Railroad,
thence along said West rioht-of-way line, N 00 24'43" E 730.87
feet; thence S 89049'59" E 1206.25 feet to the true point
of beginning, containing 2C.2615 acres, more or less.
166 1
October 4,. 1977
Jec tlGn 2. Tne _nvl.ieEr is nerebv author4.2eu and directed to amet;c
said Zoninc District Mia. ir: accordance v;,tr this ordinance.
' introduced, considered favorab y on first reading, and ordered publisned
tnis 20tn day or SepreIDber , A.D. 1977, and to be presented for final
passage on the Ott: day of Gctober , A.D. 1977.
ATTEST:
City erk
Passed and adopted on final read ^^ + ^ _L ^
1977.
ATTEST:
City Clerk (Deputy)
First Reading: September 20, 1977 (Vote: Yeas: 5, Nays: 1)
Second Reading: October 4, 1977 (Vote: Yeas: 7, Nays: 0)
Dates Published: September 25, 1977 and October 9, 1977
Attest:
Deputy City Clerk
167
October 4, 1977
Ordinance Adopted on First Reading Annexing
Lanais Known as the Harmony Annexation No.-3
Following is a memo from the City Manager and the City Attorney:
"The proposed annexation extends along Harmony Road from the
present City limits on Lemay Avenue to and including a portion
of the Hewlett Packard site. There will be one more annexation
which will result in annexation of the Hewlett Packard site to
the City. This annexation includes both sides of Harmony Road.
for the full length of the annexation. This is in order to
prevent jurisdictional questions arising in connection with
traffic enforcement. Some of the lands in this annexation are
presently served with City utilities, and the City has committed
to extend utilities to the remaining lands in the immediate
future. The zoning for these lands will be brought up for
discussion and decision after the annexation ordinance is passed
on first reading.
A portion of the annexation consists only of Harmony Road as it
adjoins a farm owned by Spring Creek Farms. Apparently there
was some question about this at the time the petition for
annexation was presented to the Planning and Zoning Board.
Subsequent conversations with the owners of that property indicate
that they will join in the contemplated annexation which will
bring in the balance of the Hewlett Packard site and will ask
that 300 feet of their property adjoining Harmony Road be
included in that annexation. This is with the expectation that
their property would be placed in the T-Transition zone and
further that the City would commit not to assess their property
for subdivision improvements, including street improvements for
the like, until such time as they cease farming the property and
it develops in an urban configuration.
Administration feels that the annexation of these lands is
consistent with City policies that have been established for
this area, including policies relating to extension of City
utilities. In addition, it is desirable from a tax standpoint
to incorporate these lands and the Hewlett Packard site within
the City limits.
Recommendation: Administration recommends that the City Council
pass this ordinance annexing the property on first reading.
It is further recommended that the Council indicate willingness
to annex the Spring Creek Farms property with the understanding
that there would be no assessments against that property until
it developed."
1
The recommendation from the Planning and Zoning Board is as
follows: ,
168
October 4, 1977
"Planning and Zoning Board Recommendation:
' At its September 12, 1977, meeting, the Planning and Zoning Board
considered the annexation and zoning for the Harmony Third Annexa-
tion and acted as follows:
Annexation: 5 to 1 vote for Approval
The majority of the Board voted to recommend in favor of
annexation for the following reasons:
- The approval of the Hewlett-Packard location has determined
the pattern of growth for the area;
Development of this area is inevitable and, therefore, should
occur through local control;
- The cost to the taxpayer of development at this location of
the urban fringe will in the long -run be lower if annexa-
tion to the City occurs.
Although supportive of the annexation, the Board was general=.y
concerned about the "flagpole" approach utilizing the State
Highway for accomplishing annexation. Additionally, the Board
was concerned with ihe service obligations to the City resulting
' from this annexation. The one opposing vote held that the
service problems could be more extensive than the benefits gained
through annexation."
Councilman St. Croix made a motion, seconded by Councilman Wilkinson
to adopt Ordinance No. 116, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Russell, St. Croix and Wilkinson. Nays:
Councilmembers Gray and Suinn.
THE MOTION CARRIED
Assistant City Attorney Lucia Liley requested that Council make
an additional motion indicating willingness to annex the 300 foot
strip of property adjoining Harmony Road with the understandne
that there be no further assessments against that property until
it is developed and authorize the Administration to draw up such
an agreement. Councilman Russell made a motion, seconded by
Councilman Bowling to authorize the above as stated by Assistant
City Attorney Lucia Liley. Yeas: Councilmembers Bloom, Bowling,
Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
' Assistant City Attorney Lucia Liley stated for the record that in
terms of the configuration of the property being annexed the
169
October 4, 1977
legal justification for the annexation would be the acquiring of
continuous jurisdiction over that portion of the highway in that I
this is one of a series of annexations along Harmony Road.
Ordinance Adopted on First Reading Annexing
the Lindenmeier First Annexation
Following is the memo from Les Kaplan, Planning Director:
Background
This is the first of two annexations which propose to annex an approxi-
mately 9.5 acre site east of Lindenmeier Road, between East Willox Lane
and East Vine Drive. Presently, the city limits do not extend east of
this mile of Lindenmeier Road (see attached map).
At its April meeting, the Planning and Zoning Board discussed the 9.5
acre site as a County Referral to rezone the property from the FA1,
Farming District to the R-1, Residential District, which would allow
single-family development on a minimum of 10,000 sq. ft. provided that
both public water and public sewer facilities are utilized. Although the
Board recommended the County zoning district which would limit the mini-
mum lot size to 15,000 sq. ft., the requested R-1 district was granted by
the County.
At its May meeting and again as a County Referral, the Board reviewed the '
preliminary subdivision plat for the site. Both the staff and the Board
recommended approval of the proposed plat, subject to the provision of
curbs, gutters, sidewalks, street lighting, and arterial improvements along
Lemay, including a seven -foot bike/pedestrian path. The County Commis-
sioners have approved the final plat, retaining only the condition concerning
the bike path.
At the time the Board reviewed the subdivision plat, the applicant had
indicated to the County that sewer service would be provided by the
Cherry Hills Sanitation District. In June of this year, the applicant
approached the City Administration claiming to have learned that the
sewer trunk line serving the subject site was not controlled by Cherry
Hills, but was a Fort Collins sewer line. Having rezoned and subdivided
the property in the County, the petitioner then approached the City with
an out -of -city request for sanitary sewer.
The City Council has approved this request for sewer service subject to
the provisions of Ordinance No. 96, 1972. As part of the utility extension
agreement, the applicant has agreed to initiate annexation and to meet
City Building Inspection requirements for all construction begun after
annexation. No requirements of the City's subdivision ordinance were
imposed by the City Council as a condition for out -of -city utility service.
170 1
October 4. 1977
Staff Comments
' The Lindenmeier First Annexation exemplifies the many problems with the
existing city procedure for considering requests for out -of -city utility
service. The existing procedure often places the Planning and Zoning
Board in a position of considering issues after prior commitments have
been made by City of after the item had been reviewed in the context of
a County Referral.
Because of the requirements of Ordinance No. 96 that out -of -city utility
service carry the requirement of annexation when possible, the decision
to approve such utility service is tantamount to annexation. Ordinance
No. 96 does not require compliance with any city subdivision requirements
as a condition for service, but only with the city's electrical, plumbing,
and mechanical codes. Consequently, annexation can occur with significant
design incompatibilities with the city, which could have been avoided at
the time the question of utility service was considered.
The City Attorney's Office, Planning Office, and Water and Sewer Department
are presently working on proposed revisions to Ordinance No. 96. The
Urban Service Area Designation Program could result in a major rethinking
of ordinances dealing with fringe area development.
Staff Recommendation: Approval
The Planning staff has recommended in favor of both Lindenmeier First and
' Lindenmeier Second Annexations for several reasons. First, the city is
proceding with the involuntary annexation of approximately 250 acres in
the vicinity of Evergreen Park which should lead, to considerable encourage-
ment for development in this area. Secondly, annexation of the subject
area would increase the city options for implementing a growth strategy
to the north and to the east. Finally, the city had made a commitment for
annexation of this area at the time out -of -city utility service was
approved by the City Council.
Planning and Zoning Board Comments
At its September 12, 1977, meeting the Planning and Zoning Board considered
the annexation of both the Lindenmeier First and the Lindenmeier Second
Annexations. The Board felt that the annexation of this site had been
predetermined via the utility agreement for out -of -city utility service..
Additionally, the Board felt that the question of zoning had already been
decided by the County Commissioners and sanctioned by the City Council.
Apart from the concern of the Board that the annexation and zoning issues
had already been decided, the Board was concerned with the justification
for annexation for the following reasons which are more fully described in
the minutes of this meeting:
-Without the granting of out -of -city utility service, development of
this site in the County is not imminent,
-There is not a demonstrated need for the addition of residentially
' zoned land to the city, 171
October 4, 1977
-There is no articulated City policy to establish contiguity in
this vicinity in order to facilitate additional annexations, '
-The annexation represents an illogical City expansion which would
be costly and difficult to serve with police and fire facilities,
-The impact of annexation would be less of a concern had City
subdivision regulation been required as a condition for out -of -city
utility service,
-Annexation solely for the sake of annexation can be counterproductive
to the City.
Planning and Zoning Board Recommendation: Denial
For the above -stated reasons and on a 5 to 1 vote, the Planning and
Zoning Board at the September 12, 1977, meeting voted to recommend
denial of both the Lindenmeier First and the Lindenmeier Second
Annexations.
Councilman Bowling made a motion, seconded by Councilman Wilkinson
to adopt Ordinance No. 117, 1977 on first reading. Yeas: CDunCil-
members Bloom, Bowling, St. Croix and Wilkinson. Nays: Covncil-
members Gray, Russell and Suinn.
THE MOTION CARRIED '
Ordinance Adopted on First Reading Zoning
the Lindenmeier First Annexation
Following is the City Manager's memo regarding this item:
"This ordinance would allow for R-L zoning of the property included
in the Lindenmeier First Annexation (preceding Council item).
The Planning and Zoning Board did not recommend any zoning for this
parcel since they recommended against the annexation of the pro-
perty into the City. The Planning staff and the developer both
agree to the recommended zoning of R-L, Low Density Residential."
Councilman St. Croix made a motion, seconded by Councilman Wilkinson
to adopt Ordinance No. 118, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
THE MOTION CARRIED
172 1
October 4, 1977
Ordinance Tabled on First Reading Rezoning
' the Fischer West Stuart Street Property
Interim City Manager, Paul Lanspery, advised Council that the
staff and the developer desire to table this matter to the
November 1, 1977 meeting.
Councilman Bowling made a motion, seconded by Councilman Russell
to table Ordinance No. 119, 1977 to the November 1, 1977 meeting.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Denied on First Reading Rezoning
the Smith - West Pros ect Street Pro'ert
(Note: This item was consi ere later in t e meeting.)
Following is the memo from Les Kaplan, Planning Director, dated
September 23, 1977:
Reasons for Rezoning Request (Per August 15, 1977 Rezoning Request)
1. Because of some extreme over -lot grades and the fact that the New
Mercer Canal crosses the property in two places, an extreme eceno-
mical hardship has been imposed on this property. It is anticipated
that the canal would have to be crossed in at least two places which
would add significantly to the cost of development. Additionally,
due to terrain canal easements and lot configuration, approximately
2.6+ acres are undevelopable.
2. R-P zoning would be more compatible with existing development and
zoning in the area and would give the City and surrounding property
owners closer control of the properties development.
3. Canals on the south of the property and Prospect Street to the north
form natural boundaries to the requested zone.
4. Lesser amounts of street pavement per unit would be allowed reducing
the city maintainance costs and broadening the tax base for such
costs. Less pavement widths as allowed by P.U.D. would also reduce
the costs and help to slow automobile traffic more naturally.
5. R-P zone would manditorily require the creation of active recreation
space within the development, thus, reducing the load on city parks.
Additionally, smaller children would then have a place to play away
from automobiles.
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October 4,. 1977
6. The impact
on the immediate area would be favorable by
providing more
landscaped
open area in a relatively low -density area.
Pedestrian
access into
the development could further be enhanced
through these
landscaped
areas. This would be important in terms of
circulation
between the
University Campus and the property.
7. It is believed that utilities, recreation, educational and other needs
are adequate in the area to support the added increase in density.
8. Economic conditions within the building industry are putting pressure
on the developer/builder to decrease his costs. By the increase of
density and controls of a P.U.D. development, costs may be spread out
over more units without reduction of quality. It is the intent of
the developer for this property to develop the parcel to a density of
around 10 units per acre through a mix of townhouse and multi -family
structures."
Staff Comments
The petitioner notes site -grade conditions and the presence of the New
Mercer Canal as causing economic hardships for development of this site.
The standard requirements for P.U.D. development are noted as desirable
reasons for an ordinance change. Additionally, general economic pressures
within the building industry are presented to justify the requested density
increase.
The municipal zoning ordinance is not intended, nor should it be used as
a mechanism to assure the economic profitability of property development. '
Private sector factors, such as land costs and design innovation are more
proper variables to broker the potential economic gains of development in
light of existing site conditions and zoning. Granted, the opportunity
for increased density could translate into the public benefit of lower
housing costs; however, the appropriateness for such density increases
and accompanying housing type changes should be justified on the basis
of both city-wide and vicinity needs as well as the compatibility with
surrounding neighborhoods.
The site of the proposed zoning change does have difficult site planning
conditions which could be dealt with more effectively through a P.U.D.
development approach. While the existing R-L zoning district would allow
single-family development through a P.U.D., approximately 20 percent of
the site is undevelopable due to slope conditions and canal easement
requirements. The opportunity for density shifts within the site through
a P.U.D. would not seem adequate enough to promote the developability of
the site, given the single-family limitations of the existing zoning
district. In that promoting the opportunity for fill-in development is
part of the Goals and Objectives of the City, an adjustment to the zoning
ordinance would seem appropriate for this site.
174 1
October 4, 1977
The R-L-P zoning district would allow multi -family development through
' a P.U.D. at a density not to exceed 6 d.u./ac. This would remove the
limitation of single-family uses as per the existing R-L zone, while at
the same time assuring a density which is compatible with the existing
neighboring development.
Staff Recommendation: Denial
Significant site development limitations exist to warrant a zoning
ordinance change to promote the developability of this site. This could
be accomplished through the opportunity for density shifts and low -
density, multi -family development afforded through the R-L-P, Low
Density Planned Residential District. For this reason, the staff
recommends against the requested zoning change from the existing R-L,
Low Density Residential district, to the R-P, Planned Residential
District, and recommends a zoning change to the R-L-P, Low Density
Planned Residential District, for this site.
Planning and Zoning Board Recommendation: Denial, with alternative
rezoning recommendation
At its September 12, 1977, meeting the Planning and Zoning Board votc.d
6 - 0 to recommend denial of this rezoning request. Several area
residents spoke in protest to the request. (See minutes of meeting.)
However, the Board concurred with the staff recommendation that the
R-L-P, Low Density Planned Residential District would be more approp-
riate considering the site -grade problems and surrounding zoning. The
petitioner concurs with the Planning and Zoning Board recommendation
for the R-L-P, rather than the R-P district as petitioned.
Mr. Bob Sutter, the developer, spoke to the reasons for the request
and the geographical problems of the site.
Mr. Michael Fosberg and Mr. Sanford Thayer spoke in opposition to
the rezoning.
Councilman Suinn made a motion, seconded by Councilwoman Gray to
deny Ordinance No. 120, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix and Suinn.
Nays: Councilman Wilkinson. (Secretary's Note: This item
was reconsidered later in the meeting and action was tabled to
the November 1, 1977 Council meeting.)
THE MOTION CARRIED
175
October 4, 1977
Citizen Participation
a. Presentation of Art Collect
from
Dale to Lincoln I
Ellen Thexton, Director of Cultural Resources, introduced
Libby Dale who made the presentation of a collection of
art which was started back in 1966.
b. Name De ut Cit Clerk LaVonne Dowell Mayor of the
Octo er
C. Proclamation for Toastmistress Month, October, 1977.
Report from the Interim City Manager
On Friday, September 29, 1977 applications closed for the position
of Fire Chief. The City received over 75 applications.
Report from City Council Members on Committees
Councilman Bowling invited all interested persons to a meeting
on October 5, 1977 on the 208 Wastewater Treatment program.
Councilman Russell stated that at the last Platte River Power '
Authority meeting the action covered only routine items.
Councilman Suinn stated that there was a meeting of the 208
Financial Committee Thursday.
Councilman Wilkinson stated there would be a meeting of the
1041 Steering Committee next Thursday.
Sale and Consumption of Alcoholic Beverages
at Lincoln Community Center Approved
At the introduction of this item Mayor Bloom stated that the
following procedure would be followed:
1) Report from City Staff, Interim City Manager Paul Lanspery
and Assistant City Attorney Lucia Liley.
2) Questions from Council.
3) Audience comments limit of 3 minutes for each one, start with
con list, then pro list, and the freedom of choice.
4) Back to the Council for comments. '
176
October 4, 1977
Report from Interim City Manager Paul Lanspery follows:
The questions surrounding the sale and consumption of alcoholic
beverages at Lincoln Community Center must necessarily be answered
by the City Council. The Administration advises approval of a
controlled use policy, and pursuant to Council's direction at
the work session on September 13th, 1977, we have outlined pro-
posed operating procedures for such use on the following pages.
In addition, a report from the Assistant City Attorney is
attached which explains how this policy can be implemented under
a concessionaire's agreement using the appropriate license.
Many arguments both pro and con have surfaced concerning the use
of alcohol at Lincoln Center. Many of the positions against the
availability of liquor at the Center are premised on the basis
that the facility will operate like a tavern or bar, i.e. liquor
would be served on a regular basis. This is, in fact, not what
is proposed and any groups utilizing the facility will have the
freedom to choose whether or not liquor will be served at their
event. The fact that the use of liquor at the Center will be
carefully controlled (as outlined in the operating procedures)
should allay the fears of those who contend that the availability
of liquor will cause disturbances or contribute detrimental:.y
to the neighborhood. The fact does remain, however, that the
use of liquor at the Center is contrary to our general City
' policy which forbids the use or distribution of alcohol in City
facilities. In view of the fact that the facility is designed
for the enjoyment of the public and is to be used for cultural
events (and not official public business), an exception to our
general policy is not so very inconsistent.
On the positive side, availability of liquor at Lincoln Center
will promote total utilization of the facility, e.g, conventions,
and will no doubt generate additional revenue for operational
purposes. The use of liquor at the facility can and will be
controlled so as not to offend audiences, participants or the
public. The availability of liquor merely means that groups
will have the freedom of choice when planning their activities."
SUMMARY OF PROPOSED OPERATING PROCEDURES
1. The use of alcohol at a City -sponsored event will be limited
to intermissions. No alcohol will be served in the theatre/
concert area.
No alcoholic beverages will be served at events which are
oriented to younger audiences.
' 3. For conventions, balls, and meetings a policy of self deter-
mination or freedom of choice will be utilized. If the
serving of alcoholic beverages is desired by the organization
177
October 4,. 1977
it will be done so under the following conditions:
a. Hours, areas of consumption and service, and all other I
restrictions will be agreed upon by the group and the
City prior to the event.
b. The City reserves the right to deny the use of alcoholic
beverages to organizations when it is determined that such
usage would not be in the best interest of the facility.
C. All beverages will be served by the City's approved
concessionaires.
d. No alcoholic beverages may be brought into the -facility
by individuals or organizations.
4. At fine arts events notsponsored by the City, (e.g. Symphony
Ball), if the sponsoring group desires that alcohol be served,
such beverages will only be available one hour before the
main function, and at intermission.
5. If two events are simultaneously 5eing operated, the facility
is designed and will be used so that the use of alcohol in
the one area will not interfere with another function o.=
group who does not feel the need to serve alcoholic beverages.
Report from Assistant City Attorney Lucia Liley follows:
"If the City Council decides on a policy at the Lincoln Community
Center which would allow the sale and consumption of alcoholic
beverages at the Center under certain specified conditions, it
would best be able to implement that policy by the use of a
concessionaire's agreement whereby the concessionaire would take
out the appropriate liquor license but would be subject to all
restrictions set forth in the agreement.
Procedurally, the Council would then select a bidder based upon
the quality of the bidder and the percentage of profits to be
returned to the City. At that point, the concessionaire would
apply to the Liquor Licensing Authority for the appropriate
license and the City Attorney's office would prepare a Concession-
aire's Agreement which Council would need to approve, and which
would set forth the conditions under which the Concessionaire
could operate his concession at the Lincoln Community Center.
With regard to the content of the Concessionaire's Agreement,
the Council would need to consider and decide upon the restrictions
which would be imposed on any alcoholic beverages concession.
These restrictions could encompass virtually any area of the '
concession operation. In meetings among various members of the
City staff, we have come up with the following suggested cate-
gories of restrictions:
178
October. 4, 1977
Areas of Service/Consumption. All sales would be through
the concessionaire an no a coholic beverages could be
' brought into the Center to be given away. Alcoholic
beverages in no case_would.he sold or consumed in the
auditorium or stage areas. Additionally, the City would
restrict the sale/consumption of alcoholic beverages to
the areas for which the particular group contracted so
that there would be a separation from any other scheduled
event. Sale and consumption would also strictly be limited
to the inside of the building.
Events. Alcoholic beverages would not be sold or consumed
at any events which were primarily for the benefit of
younger audiences (e.g. puppet shows, children's theatre,
etc.).
At fine arts events sponsored by the City (e.g. Fort Collins
Community Art Series), alcoholic beverages would be available
an hour prior to the event and at intermission, but not at
the conclusion of the event.
Alcoholic beverages would be available to groups attending
a conference or convention at the Center, but the hours,
areas of consumption and service and all other desired
restrictions would be taken care of in an agreement between
the group and the City prior to the conference or convention.
' Patrons. Under no circumstances would an "open bar" be
allowed. Sale of alcoholic beverages would be limited to
patrons of the particular performance or production or
persons attending a scheduled conference or convention
at the Center. To insure that service is limited to these
persons, an appropriate number of ushers for each event
would be required.
Advertisin . No exterior or interior advertising concerning
t e sa e o alcoholic beverages on the premises would be
allowed.
Prices. The concessionaire would be required to submit
a Tist of all proposed prices for sales under the concession
which would have to be approved by the City.
Other Concessions. The Center, at every fine arts event
an conventions if desired), would make available to the
patrons of the Center a food and soft drink concession
and the alcoholic beverage concession would be completely
separate from any other food or drink concession offered
at the Center.
' In addition to any restrictions the Council would want
placed in the Concessionaire's Agreement, there would be
179
October 4, 1977
provisions in the Agreement giving the City the right to terminate
the Agreement if the concession did not strictly abide by all
the terms of the Agreement limiting his concession operation.
Any violation of liquor licensing laws would of course also be
handled by the Liquor Licensing Authority which would have the
power to suspend or revoke the concessionaire's liquor license.
In summary, if the Council desires to make alcoholic beverages
available at the Lincoln Community Center, this can legally and
practically be accomplished by the granting of a concession to
a person or group through the bidding process and through a
Concessionaire's Agreement in which the Concessionaire would -
obtain the liquor license and would be held to all restrictions
in that Agreement pertaining to the sale and consumption of
alcoholic beverages at the Center."
Councilman Russell questioned the Freedom of Choice group
wishing to speak. His understanding was that persons were
either for or against and they should be one or the other.
Consensus of Council's comments at this time was that the
hearing was to determine if alcoholic beverages would or would
not be served. The policy would be determined later.
The following persons spoke against the serving of alcoholic
beverages at the Lincoln Community Center:
1) Ernest Woodworth, 618 E. Myrtle
2) Roy E. Knuteson, 2550 S. Taft Hill Road of People's Church
3) Delbert Paulson, 1505 Whedbee, President of the Fort Collins
Ministerial Alliance and Pastor of the First United Methodist
Church
4) Doug Keasling, 516 Stover
5) George Drake, 5605 N. Taft Hill Road
6) Norma Beckstrand, 925 Cheyenne Dr.
7) Vance Willett, 1025 Azalea
8) Andy Anderson, 1421 Skyline Drive
9) Robert E. Taylor, Pastor of Church of Jesus Christ - Latter
Day Saints
10) Robert Tueting, 916 Cheyenne Drive
11) Rev. Mark Carlson, Wellington
12) Gale Hamelwright, 4700 Cambridge
13) Pastor Leroy Grimm, 1601 W. Drake
Free Church
14) Craig Miller, 2015 Spring Court
15) Karen Anderson, 1421 Skyline Drive
16) Gary Prewett, 4412 E. Mulberry
17) Mr. Joseph Turner, 2111 W. Lake
180
Road, Faith Evangelical
1
1
October 4, 1977
1
Mayor Bloom next called the "Freedom of Choice" persons to
declare which side they would choose to speak. All chose
to speak in favor and were added to the end of the pro list.
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
George Betz, 1101 Kirkwood
Richard Hays, 700 E. Elizabeth
Libby Dale, 737 Sandpiper
Bob Lee, 708 Cheyenne Drive
Mrs. Carol Hays, 700 E. Elizabeth, did not appear
Dr. Tom Bennett, 1513 Lakeside
Maurice Nelson, 301 E. Prospect
Doug. Markley, 1313 Buttonwood
Jim McIver, 3029 Ross Drive
Sheila Jennings, 1101 W. Oak
Mrs. Bill Morgan, 3131 E. Horsetooth
Father Edward Ostertag, 2000 Stover,
Frank Johnson, 144 N. McKinley
Mr. Bill Allen, 2408 N. County Rd. 9,
Road
St. Luke's Episcopal
did not appear
Council recessed for 10 minutes; upon reconvening the meeting
the Mayor asked for comments from the Council.
Councilman Wilkinson stated he was opposed to the open use of
liquor at the Lincoln Community Center; does favor controlled
limited use so that the most use possible can be derived from
the Center.
Councilman Suinn stated that he also favors the very controlled
and limited use of alcohol at the Lincoln Community Center
because it would afford the greatest use of the Center.
Councilman St. Croix stated that he would not support the serving
of alcoholic beverages at the Lincoln Community Center on a
financial basis; he does,however, support the use of alcoholic
beverages at the Center to afford the greatest possible use
of the Center.
Mayor Bloom spoke as a representative first from Woodward Governor
stating that Woodward has not nor would not take any stand on
this issue. As Mayor he stated there were four challenges
presented by the Center: 1) the approval of the Capital Improve-
ments program; 2) the planning; 3) the construction, and
4) the full utilization of the facility.
Councilman Russell stated this was to be a multi -purpose center
or facility and hopes for the most use possible for the Center.
Councilwoman Gray stated she was in favor of use of alcoholic
beverages at the Lincoln Community Center on a limited basis.
181
October 4, 1977
Councilman Bowling stated he was also in favor of the controlled
use of alcoholic beverages at the Lincoln Community Center. '
Councilman Bowling made a motion that the Council approve the
serving of alcoholic beverages at the Lincoln Community Center
and that the questions remaining concerning the type of license
and to whom issued, the rules and regulations concerning the
serving of beverages and refreshments, and the areas of the
Center where service will be allowed be referred to the staff
and the Cultural Resources Board for their research, study and
recommendations then be referred back to the City Council within
90 days for final determination. This motion was seconded
by Councilman Wilkinson. Yeas: Councilmembers Bowling, Gray,
St. Croix, Suinn and Wilkinson. Nays: Councilmembers Bloom
and Russell.
THE MOTION CARRIED
East Prospect Traffic Situation
Following is a report from Roy A. Bingman, Director of Engineering
Services, regarding this item.
"On September 13, 1977, the City Council reviewed the traffic
problems on East Prospect. A final decision regarding the '
reduction of the traffic speed from 30 MPH to 25 MPH was
delayed until October 4, 1977. However, additional issues
were raised at the September meeting that we would like to .
address at this time.
1. The slope of the sidewalk was mentioned by a member of the
Rif fenburgh Parent Advisory Board. The request for the
installation of a fence along the sidewalk was originally
made in September, 1976. The Traffic Committee reviewed
this request along with several other requests to improve
the safety of children going to and from school. The Traffic
Committee met on October 8, 1976, and approved all of the
requests with the exception of the fence. The installation
of a fence between the sidewalk and the street would not
allow weeds to be cut or snow to be plowed in this area.
In addition, the sidewalk was evaluated in terms of safety
and it was determined that it was not a hazard. The
Principal of Riffenburgh School was verbally notified of
this decision.
2. The question was also raised regarding whether or not
Teledyne Water -Pik could change the time of their shift
changes. We contacted Teledyne and found that their
afternoon shift terminates between 3:15 and 3:45 p.m. i
The evening shift begins at this time and terminates
between 11:45 p.m. and 12:15 a.m. If they changed the
182
October 4, 1977
hours of the day shift, then the night shift would get
off work even later. Because of the late hours for the
evening shift, they do not want their employees leaving
later than the current schedule permits.
3. The Council approved a larger truck sign stating ALL TRUCKS
TURN RIGHT on East Prospect, east of Riverside. A sign 30"
by 36" has been made and was installed on Friday, September 30.
We have included the August 5, 1977, letter sent to my office
by Mr. and Mrs. Maciel. This letter summarized their concerns
on East Prospect.
In addition, we have included a copy of the Traffic Committee's
report that was submitted to Council on September 13. The
recommendations outlined in this report remain the same."
Mr. Jerry Dunn, a resident of the area, addressed Council
regarding the problems of traffic speed on East Prospect. He
requested that the speed limit be dropped from 30 MPH to 25 MPH
on Prospect between College Avenue east to the City limits.
Mr. J. Williams, 1500 Patton, asked if other groups have addressed
Council about reducing the speed on arterial streets on which
there are schools or playgrounds located. He was answered that
there had been at least one other group.
Mr. Gary Maciel also addressed Council requesting that the
speed limit be reduced on East Prospect.
Councilman Wilkinson made a motion, seconded by Councilman Russell
to reduce the speed limit on all arterial streets in Fort Collins
to 25 miles per hour. Yeas: Councilmembers Bowling and
Wilkinson. Nays: Councilmembers Bloom, Gray, Russell, St. Croix
and Suinn.
THE MOTION WAS DEFEATED
Councilwoman Gray made a motion, seconded by Councilman Bowling
to post a 25 mile per hour speed limit on Prospect Street from
College Avenue east to the City limits on a trial basis for
six months and then report back to Council with the results.
Yeas: Councilmembers Bowling, Gray and Suinn. Nays: Council -
members Bloom, Gray, Russell, St. Croix and Wilkinson.
THE MOTION WAS DEFEATED
Councilman Suinn made a motion, seconded by Councilman Bowling
to set the speed limit on Prospect Street from College Avenue
east to the City limits to 25 miles per hour and that the
Administration look into a similar trial basis on other arterial
streetswith other similar configurations and schools and report
183
October 4, 1977
back in six months. Yeas: Councilmembers Bowling and Suinn.
Nays: Councilmembers Bloom, Gray, Russell, St. Croix and
Wilkinson.
THE MOTION WAS DEFEATED
There was no further action taken on this item.
Resolutions Adopted Initiating Street
Improvement District No. 73
Following is the City Manager's memo regarding this item:
"The Administration has been preparing toinitiate an improvement
district to improve Mason Street between West Drake Road and
West Horsetooth Road. James A. Stewart and Associates, Inc.,
have been employed as consulting engineers to design this
improvement. Their report is now available and enclosed with
the agenda. Also enclosed is a recommendation from Roy Bingman,
ex officio Director of Public Works, that the proposed district
be initiated. The City has received petitions from a subs-an-
tial number of adjoining property owners for the formation of
this district, but the district is being proposed as a Council
initiated district pursuant to the recommendation of Mr. Bingman.
In order to proceed it will be necessary that the City Council
adopt the resolution enclosed which approves the recommendation
to initiate the district, describes the improvements to be
installed in the district and directs the City Engineer to
prepare plans for the improvements and cost estimates. The
Administration has anticipated that the Council would adopt
this resolution and the report from James A. Stewart and
Associates is presented as the City Engineer's report pursuant
to this direction. Council should then adopt the second
resolution which accepts this report and sets a date for hearing
on the question of whether to actually form the district by
ordinance.
No extended discussion is necessary at this meeting since the
hearing on November 15 is the time when any interested property
owners will appear and the Administration will be prepared to
go into any questions in detail at that time.
Recommendation: Administration recommends the following:
1. The recommendation from Roy Bingman to initiate the
district should be presented to the meeting.
2. Council should adopt the resolution receiving this
report and directing the City Engineer to prepare plans and
cost estimates.
184
October 4, 1977
3. The report from James A. Stewart and Associates
should be presented to the meeting as the report of the City
Engineer in response to the resolution.
4. Council should adopt the resolution approving this
report, making other preliminary decisions and setting the
date for a hearing."
City Attorney March stated for the record that the recommendation
from Roy Bingman, Director of Engineering, has been received to
initiate the district.
Councilman Bowling made a motion, seconded by Councilman Wilkinson
to adopt the resolution. Yeas: Councilmembers Bloom, Bowling,
Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
RESOLUTION 77-63
OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING A
RECOMMENDATION FROM THE DIRECTOR OF ENGINEERING SERVICES
EX OFFICIO THE DIRECTOR OF PUBLIC WORKS REGARDING THE
INITIATION OF A SPECIAL IMPROVEMENT DISTRICT, STATING
THE NEED FOR, THE NATURE OF, AND THE LOCATION OF THE
IMPROVEMENTS TO BE MADE, DESCRIBING THE AREA TO BE
ASSESSED FOR THE SAME, AND DIRECTING THE CITY ENGINEER
TO PREPARE AND PRESENT TO THE CITY COUNCIL THE NECESSARY
INFORMATION FOR THE FORMATION OF SAID DISTRICT
WHEREAS, the Director of Engineering Services ex officio
the Director of Public Works has recommended to the City
Council that a special improvement district be created for
the purpose of installing certain public improvements in the
City; and
WHEREAS, the City Council has received such recommenda-
tion and desires to continue with the formation of such
special improvement district.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Section 1. That the recommendation of the Director of
Engineering Services ex officio the Director of Public Works
is hereby received and accepted.
185
October 4, 1977
Section 2. That the improvements to be constructed
consist of street pavement, curbs and gutters, street lighting
and a water main. Such improvements are needed in order to '
provide all-weather access for vehicles and pedestrians to
the properties abutting the street to be improved on the
east and in order to provide water service to those properties
abutting that portion of the street in which the water line
is to be installed.
Section 3. The location of the improvements to be made
is as follows: Street improvements to be installed on South
Mason Street between West Drake Road and West Horsetooth
Road; water line to be installed within the Mason Street
right-of-way between Swallow Road and Harvard Street.
Section 4. The City Engineer is hereby directed to
prepare and present to the Council the following:
A. Preliminary plans and specifications of the improve-
ments proposed.
B. An estimate of the total cost of such improvements,
including the cost of constructing the same, engineering,
legal and advertising costs, interest during construction
and until assessments are made by ordinance against the
properties benefited, and other incidental costs.
C. A map of the district to be assessed for the cost
of the improvements.
Section 5. Said improvement district shall be known as
Street Improvement District No. 73.
Passed and adopted at a regular meeting of the City
Council held this 4th day of October, 1977.
ATTEST:
l�4 C/ Ii.-+. _Q
City Clerk eputy
186 1
October 4, 1977
City Attorney March advised Council that there has been
' submitted by James Stewart and Associates a report and it
has been adopted by the City Engineer as his report and it
has been presented.
Councilman Bowling made a motion, seconded by Councilman
Wilkinson to adopt the resolution. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson.
Nays: None.
THE MOTION CARRIED
RESOLUTION 77-64
OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE
REPORT OF THE CITY ENGINEER ON THE ESTIMATES, COSTS AND
ASSESSMENTS FOR STREET IMPROVEMENT DISTRICT NO. 73,
APPROVING THE DETAILS AND SPECIFICATIONS FOR SUCH
PROPOSED DISTRICT, DETERMINING THE AMOUNT OR PROPORTION
OF THE TOTAL COST TO BE PAID BY A METHOD OTHER THAN
ASSESSMENTS AGAINST PROPERTY IN THE DISTRICT, THE
NUMBER OF INSTALLMENTS AND THE TIME WITHIN WHICH THE
COST OF THE IMPROVEMENTS ASSESSED AGAINST PROPERTY IN
THE DISTRICT WILL BE PAYABLE, THE RATE OF INTEREST TO
BE CHARGED ON UNPAID INSTALLMENTS, THE PROPERTY TO BE
ASSESSED FOR THE IMPROVEMENTS, THE METHOD OF MAKING
SUCH ASSESSMENTS, AND THE DATE WHEN THE COUNCIL WILL
HOLD A HEARING AND CONSIDER THE ORDERING.BY ORDINANCE
OF THE PROPOSED IMPROVEMENTS
WHEREAS, heretofore the City Council by resolution
directed the City Engineer to make a complete survey of
proposed Street Improvement District No. 73,.including the
preparation of a map, plans and specifications, and estimate
of cost of the improvements in said proposed district; and
WHEREAS, the City Engineer has made his report and has
presented the details and specifications for the proposed
district.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Section 1. That the report, plans, specifications, map
and estimate as presented by the City Engineer for said
district be and the same hereby are accepted and approved.
1
187
October 4,. 1977
Section 2. The following amount or proportion of the
total cost of such improvements shall be paid by the City at
large and not by assessments against property in the district, '
to -wit: The cost of installing curb and gutter on the west
side of the street to be improved (South Mason Street) and
one-half of the cost of improvements in each street inter-
section to be improved..
Section 3. The property to be assessed for the improve-
ments shall be as follows: Property abutting the right-of-
way for South Mason Street on the east will be assessed.
Section 4. Assessments for the cost of installing the
improvements in the district will be made as follows: All
street improvement costs except those to be paid by the City
at large shall be assessed upon the lots and lands abutting
the street to be improved on the east side of the street in
proportion as the frontage of each lot or tract of land is
to the frontage of all lots and lands abutting the east side
of the street. The cost of installing the water main to be
installed within the right-of-way of South Mason Street
between Swallow Road and Harvard Street will be assessed
against the lots and lands abutting South Mason Street on
the east between Swallow Road and Harvard Street in proportion
as the frontage of each lot or tract of land abutting such
portion of South Mason Street is to the frontage of all lots
and lands abutting such portion of South Mason Street. '
Section 5. Said assessments shall be payable in ten
(10) equal annual installments, with interest on the unpaid
installments at the rate of eight percent (88) per annum.
Section 6. That on the 15th day of November, 1977, at
the hour of 5:30 o'clock P.M., or as soon thereafter as the
matter may come on for hearing, in the Council Chambers of
the City Hall, City of Fort Collins, is the date on which
the Council of the City of Fort Collins will consider the
ordering by ordinance of the proposed improvements and hear
all complaints and objections that may be made and filed in
writing concerning the proposed improvements by the owners
of any real estate to be assessed or any persons interested
generally.
Section 7. The City Clerk be and she hereby is directed
to give notice by publication and mailing to the owners of
property to be assessed and to all interested persons generally,
all as set forth in Chapter 16 of the Code of the City of
Fort Collins.
188 1
October 4, 1977
Passed and adopted at a regular meeting of the City
Council held this 4th day of October, 1977.
ATTEST: n
4'0- . l
City Clerk (Deputy)
NOTICE
TO THE OWNERS OF PROPERTY TO BE ASSESSED IN STREET
IMPROVEMENT DISTRICT NO. 73 AND TO ALL INTERESTED
PERSONS OF THE KINDS OF IMPROVEMENTS PROPOSED, THE
NUMBER OF INSTALLMENTS, AND THE TIME IN WHICH THE COST
OF SUCH IMPROVEMENTS WILL BE PAYABLE, THE RATE OF
INTEREST TO BE PAID ON UNPAID AND DEFERRED INSTALL-
MENTS, THE EXTENT OF THE DISTRICT TO BE IMPROVED, THE
PROBABLE COST AND THE MAXIMUM COST TO BE ASSESSED, THE
TIME WHEN THE CITY COUNCIL WILL CONSIDER ORDERING BY
ORDINANCE THE PROPOSED IMPROVEMENTS AND HEAR COMPLAINTS
AND OBJECTIONS, AND THAT A MAP OF THE DISTRICT AND
DETAILS CONCERNING THE SAME ARE ON FILE AND CAN BE SEEN
IN THE CITY CLERK'S OFFICE
Public notice is hereby given to persons interested and
to owners of property to be assessed in Street Improvement
District No. 73 that the kind of improvements proposed for
said district is: street pavement, curbs and gutters,
street lighting and a water main, and that the cost of said
improvements as assessed will be payable in ten (10) equal
annual installments and that the rate of interest to be paid
on unpaid and deferred installments will be eight percent
(8%) per annum and that the extent of the district to be
improved is as follows:
pit -Sol
October 4,. 1977
South Mason Street between West Drake Road and West
Horsetooth Road to be improved with pavement, curb, '
gutters and street lighting. Water main to be installed
within the right-of-way of South Mason Street between
Swallow Road and Harvard Street;
and that the probable cost of said improvements as shown by
the total estimate of the City Engineer is $207,803.00 for
street improvements and $20,528.00 for water main improvements,
exclusive of the cost of collection, legal, advertising,
engineering, financing, interest and other incidentals and
that to said cost will be added an amount equal to twenty-
five percent (25%) of such cost to cover the expense of
collection, legal and advertising, engineering, financing,
interest during construction, and other incidentals and thac
assessments for the cost of such improvements within the
district will be made as follows: the cost of street improve- '
ments after first deducting the portion of the cost to be
paid by the City at large for curb and gutter on the west
side of Mason Street and one-half the cost of intersections
will be assessed against the lots and lands abutting the
portion of the street to be improved on the east in proportion
as the frontage of each such lot or tract of land is to the
frontage of all lots and lands so abutting this portion of
South Mason Street; the cost of installing the water main
will be assessed against the lots and lands abutting South
Mason Street on the east between Swallow Road and Harvard
Street where such line is installed in proportion as the
190 1
October 4, 1977
frontage of each such lot or tract of land is to the frontage
' of all lots and lands
so abutting
this portion
of South
Mason Street; and that
the maximum
cost to be
assessed,
exclusive of the cost of collection, legal and advertising,
engineering, financing, interest during construction, and
other incidentals, is as follows:
$48.72 per abutting front foot for street improvement
costs and $17.58 per abutting front foot for water main
installation costs;
and that on the 15th day of November, 1977, at the hour of
5:30 o'clock P.M., or as soon thereafter as the matter may
come on for hearing in the Council Chambers in the City
Hall, Fort Collins, Colorado, is the date that the City
Council will consider the ordering by ordinance of the
proposed
improvements
and
hear all complaints
and objections
'
that may
be made and
filed
in writing by the
owners of any
property to be assessed or persons interested generally.
All complaints or objections should be made in writing and
filed in the office of the City Clerk in the City Hall
before said date; and
That a map of the district and estimates of cost,
schedules showing the approximate amount to be assessed upon
the several lots or parcels of land within the district and
all proceedings of the City Council in the premises are on
file and can be seen and examined in the City Clerk's
office during business hours at any time before said hearing.
191
October 4, 1977
Dated at Fort Collins, Colorado, this 4th day of October,
A.D. 1977. '
City Clerk Z eputy
Resolution Adopted Approving a Right of
Way with Union Pacific Railroad Company
Following is the City Manager's memo regarding this item:
"Two rights of way for electric lines are provided for in the
attached agreement with the Union Pacific Railroad Company.
One crosses the Railroad right of way at Harmony Road and the
other parallels the right of way north of Harmony Road. The
memo from the Light and Power Department explains the need for I
these rights of way."
Councilman Wilkinson made a motion, seconded by Councilwoman Gray
to adopt the resolution. Yeas: Councilmembers Bloom, Bowling,
Gray, St. Croix, Suinn and Wilkinson. Nays: Councilman Russell.
THE MOTION CARRIED
RESOLUTION 77-65
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AGREEMENT WITH UNION PACIFIC
RAILROAD ODMPANY
M EREAS, Union Pacific Railroad Company has tendered to City of Fort Collins,
State of Colorado, an agreement covering the maintenance and operation of an
underground power wire line encroachment and crossing, Harmony, Larimer County,
Colorado, such agreement being identified in the records of the Railroad Company
as its C.D. No. 39850-11; and
WHEEWAS, the Council of the City of Fort Collins has said proposed agreement
before it and has given it careful review and consideration; and
192
October 4, 1977
WHEREAS, it is considered thatthe best interests of said City of Fort Collins,
' State of Colorado, will be subserved by the acceptance of said agreement:
THEREIDRE, BE IT RESOLVED BY THE CDINCIL OF THE CITY OF FDRT COLLINS, STATE
OF ODLDRADO, that the terns of the agreement submitted by Union Pacific Railroad
Company as aforesaid be, and the same are hereby, accepted in behalf of said City;
That the Mayor of said City is hereby authorized, enpowered and directed to
execute said agreement on behalf of said City, and that the City Clerk of said City
is hereby authorized and directed to attest said agreement and to attach to each
duplicate original of said agreement a certified copy of this resolution.
Passed and adopted at a regular meeting of the City Council held this
4th day of October, A.D. 1977.
ATTEST:
' City Clerk (Deputy)
Ordinance Tabled on First Reading Rezoning
the Anderson - West Prospect Property
Interim City Manager Paul Lanspery stated that the petitioner
requested that this be tabled to the next Council meeting.
Councilman Bowling made a motion, seconded by Councilwoman Gray
to table Ordinance No. 121, 1977 to the October 18, 1977 meeting.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix
and Suinn. Nays: None. (Councilman Wilkinson out of the room.)
THE MOTION CARRIED
193
October 4, 1977
Drake Park PUD, Second Filing, Final Plat and
Plans Tabled to October 18, 1977 '
Interim City Manager Paul Lanspery advised that the petitioner
requested this be tabled to the next regular Council meeting.
Councilman Bowling made a motion, seconded by Councilman Russell
to table the Drake Park PUD, Second Filing, final plat and plans
to the October 18, 1977 meeting. Yeas: Councilmembers Bloom,
Bowling, Gray, Russell, St. Croix and Suinn. Nays: None.
(Councilman Wilkinson out of the room.).
THE MOTION CARRIED
Reconsideration of Ordinance No. 120, 1977
Rezoning the Smith -West Prospect Street
Property Ordinance Tabled to November I 1977
Mayor Bloom announced that there had previously been some
discussion about reconsidering this matter.
Council stated they would be willing to reconsider if there
could be some kind of limitation or lowering of the number ,3f
units in a R-L-P zone so that there could be a safeguard on the
drainage area and the landscaping. '
Councilman Bowling made a motion, seconded by Councilman Russell
to reconsider action on Ordinance No. 120, 1977. Yeas: Council -
members Bloom, Bowling, Russell, St. Croix and Wilkinson. Nays:
Councilmembers Gray and Suinn.
THE MOTION CARRIED
Councilman Bowling made a motion, seconded by Councilman St. Croix
to table this item to the November 1, 1977 meeting. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson.
Nays: Councilman Suinn.
THE MOTION CARRIED
Adjournment
The meeting was adjourned to 1:30 p.m. on October 11, 1977.
ATTEST:
Deputy Cityler
194