HomeMy WebLinkAboutMINUTES-03/21/1974-RegularMarch 21, 1974
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 P.M.
Council members present: Fead, Gray, Preble, Reeves, Russell and Wilkinson.
Absent: Councilman Bowling.
Staff members present: Brunton, DiTulli.o,' Bingman, Kane, Parsons, Cain
March and Lewis.
Proclamation
Mayor Preble .signed a proclamation proclaiming March 31 - April 6, 1974, The
Week of the Young Child, in Fort Collin and urged all citizens to lend their
concern and support to the task of meeting the need of young children. A
representative of the Larimer County Advocates spoke to the purposes of the
organization.
Minutes of March 7,1974 regular meeting approved ,
as published
Mayor Preble stated copies of the minutes of the March 7, 1974-neetinr
had beer received; hearing no corrections, they stood approved as _:Yoli:hed.
Earl Wilkinson appointed to fill unexpired term of
former Council mp—nber, William Lopez
Councilman Fead made a motion, seconded by Ccunc Urun Russell., to appoint
Mr. Earl YJiik:inson to fill the izicxpired tein. of fontaer Council member
William Lopez. Yeas: Council members Fead, Gray, Preble, Reeves,and Russell.
Nays: None.
City Clerk, Venn Lewis, administered the oath of office to Councilman
Wilkinson. At this time his name was added to the roil call.. Couticil;n�n
'X'i.i.kitlson introduced his mother, Mrs. Ben Wilkinson and his wife, Betty
Wilkinson.
Final Unit Development Plan and Plat rcr University
gquare Planned Unit Development
This item had been tabled at the March 7, 1974 meeting.
Councilr.wfi F :.1 made a motion, seconded by Cow-tcilw)ran Gray, to reziove this
item iron: the table. Yeas: Council members Fead, Gray, Preble, Reeves, .
Russell: and Wilkinson. Nays: None.
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Director of Community Development, Roy A. Bingnan, identified the area in
question; spoke to the existing traffic lights, the proposed traffic lights
and the difficulties which would be incurred if Mason Street were extended
into the University Campus area. `The recommendation from Staff was that
Mason Street not be dedicated street, but revert to a driveway that would
be a two-way driveway to provide limited access to Prospect Street. The
City has requested the Developer to provide a traffic signal at Lake Street
and College, subject to State Highway approval.
00 Planning Director, William Kane, spoke to the plan in detail and the pro-
JO posal for landscaping.
AD
r� Council discussed at length the traffic problems connected with this devel-
opment and the need to improve traffic flow on College Avenue in general.
Traffic Engineer, Joe Rice, addressed the traffic counts and progression
patterns.
Attorney Garth Rogers, representing the owner of the property, spoke in
favor of approving the Plan,
City Manager Brunton spoke to the knowns in this area:
1. ;'i:erc is less traffic on college south of Pitkin than there is
north of Pitkin.
2. Parts of college only have two lanes of traffic. The area in
this case has three lanes.
3. Traffic signals are being installed at the corner of Lake and
College.
4. The City plans to install traffic sigals at the corner of
Center and Prospect. -We believe a great deal of traffic west of
College c7i.li come in this way rather than come into co11Ege Avenue
and then to the project.
Mr. Jan Scarboro, Director of the Contractor's Association, spoke to the
considerations of the traffic circulation given by the Staff and the developer.
Councilman' Fead made a motion, seconded by Councilman Russell, to approve
the final unit development plan and plat for University Square Planned Unit
Development, subject to detailing with more clarity the dedications indicated,
the dedication of the right-of-way for the deceleration lane and the inclusion
of the traffic signal in the utility agreement. Yeas: Council members Fead,
Preble, Russell and Wilkinson. Nays: Councilwomen Gray and Reeves.
P
Ordira.ncc adopted on first reading rezoning property
of Snip Aranci et ux
City Manage- Branton sncke to his concern of the procedure in bringing r`ecom-
mendatiuns from the Planning and Zoning Board to the Council without any
instructiun to tice City Attorney on how to draft the ordinance.
171
City Attorney March stated Council could go ahead and discuss the matter, '
then if they desired to go ahead with the ordinance, the ordimnice would be
in the Form requested by the pctitioner; if. Council desiral to .upend tho
ordinance, the cluinge could be made at that time.
(This required notice; hearing and first reading of an ordinance has been
correctly given. Fort Collins Coloradoan 43-G, March 12, 1974).
Mayor Preble stated the rezoning petition would be considered, then if it
was approved, the ordinance would be considered.
Director of Comity Development, Roy A. Bingman, identified the area,
adjacent to the property the City has purchased for a park site. The
request is for a rezoning from R-L to R-P. - Director of Planning, William
Kdne, stated it was an island. area.
Councilman Russell made a motion, seconded by Councilwoman Gray, to approve
the petitioner's request. Yeas: Council members Fead, Gray, Preble,
Reeves, Russell and Wilkinson. Nays: None.
City Clerk, Verra Lewis; read Ordinxace No. 16, 1974 by title.
Councilman Russell made a motion, seconded by Councilwoman Gray, to adopt
Ordinance No. 18, 1974 on first reading. Yeas: Council members Fead.,
Gray, Preble, Reeves, Russell and Wiikirson. Nays: None.
Rezoning petition of Roger A. Rikli et ux denied
Director of Community Development, Roy A. Bingmmi, identified the a-rea in
question located on the north side of East Elizabeth Street, west of. Lemay
Avenue, between Robertson and Morgan Streets. The request is for rezoning
from RL to F44 zone.
Planning Directoi, William Kane, presented slides of the area, and spoke to
the following recommendations:
RECOIIME NDATION:
This is a rezoning proposal for the purpose of development of medical
office space and higher density residential zoning on fast .Elizabeth
Street. In reviewing the request the Staff felt that:
1. The hospital area will continue to expand and exert
greater pressure for the development of office space
and commercial services.
2. The demand for these services is legitimate End the
hospital growth plans and concomitant land use is the
area.should be included in our Comprehensive Plan for 1990.
3. The essentially residential character of East Eliza- ,
beth Street shJllid not be disrupted.
4. The rezoning request should riot be included for any
property west of the existing C, commercial zone on the
north and R-H, high residential. zone on the south.
The Planning and Zoning Board voted 4-11 for dental of the regtast.
Councilman Wilkinson inquired into the relationship of the site to a
proposed school site, and a suggestion that a better zoning would be B-P
zone.
Director of Planning, William Kane, stated the B-P zone would force a PUD
and a minimum two acre development.
Speaking in opposition to the rezoning as requested by the petitioner were
the following:
00 Mr. Sanford Kern, 804 East Elizabeth
,00 Mr. Richard flays, 700 East Elizabeth
X Dr. Robert M. Conlon, 1032 Luke
Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, to
G deny -,the rezoning petition. Yeas: Council members Fead, Gray, Preble,
Reeves,.Russell and Wilkinson. Nays: None.
(This required notice; hearing and first reading of an ordinance has been
correctly given; Fort Collins, Coloradoah, March, 12, 1974;.:46G)
Final unit Development Plans for Evergreen
Park Shopping Center PUD approved
Director of Community Development, Roy A. Bingman, identified the area in
question. Planning Director, William Kane, spoke to the plans in detail and.
.the three major design constraints suggested by Staff as follows:
1. Adequate landscaping
2. Adequate vehicular circulation
3. Adequate pedestrian circulation
Councilwoman Gray made a motion, seconded by Councilman Russell, to approve
the final unit development plans for Evergreen Park Shopping Center PUD.
Yeas: Council members Fead, Gray, Preble, Reeves, Russell and Wilkinson.
Nays: None.
Replat of Lots 88 through 101 and Tract "I" of
Southmoor Village Third riling approved
Director of Community Development, Roy A. Bingman , identified the area in
question stating this would be a replat of an area that is already an exist-
ing subdivision in the City. Planning Director, William Kane, stated
the proposal involved several steps; several meetings with the Planning and
Zoning Board, the Zoning Board of Appeals and nbw the City Council; the
proposal is to replat14 low density residential lots into 24 lots, with
"zero lot line" - zero side yard construction.
Councilman Russell inquired into the maintenance responsibility of the
green area? Planning Director, William Kane, stated this would be the
responsibility of the owner, Everitt Faiterprises; the 20' easement would be
the responsibility of the City. Councilman Wilkinson indicated his desire
to see some assurance that the green area will not become a weed area.
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City Attorney March stated this replat request is not a PUD, it is being I
handled as a variance matter on a conventional subdivision.
Mr. Mike Keleher and Mr. John Clopton representing the developer, responded
to questions on the price ranges, the open area and zero lot lines.
Councilman Russell made a motion to table this request with direction that
the Administration and the developer, work out some definite ways of main-
tenance on the green area. This motion died for a lack of a second, and
later withdrawn by Councilman Russell.
City Attorney March stated that on any open area, the public usually calls
to see why the City is not maintaining the area. This is a problem that
the City is going to have generally, with plats that include storm retention
facilities not dedicated to the public; if these are not maintained by
home owners associations, these will in all probability become weed patches.
Councilimman Cray made a motion to approve the replat. This motion died
for a lacy of a second.
Councilman Wilkinson stated that if Council did not approve the replat, the
area could still develop as 14 lots and the problem would be still there.
City Attorney March stated Council could refer this matter back to the Admin-
istration to see if some agreement could be reached.
Councilman Russell made a motion to table this item. 11as motion died
for a lack of a. second.
Councilwrxnan Cray made a motion, seconded by Councilwoman Reeves, to approve
the replat and direct the Administration to meet more with the developers and
try to resolve the problem of maintenance (Tract I) and report back to the
Council in 30 days on the entire drainage system. Yeas: Council members
Gray, Preble, Reeves and Wilkinson. Nays: Councilmen Fead and Russell.
Amendment to the final unit development plan of
Foothills Village Planned Unit Development and
replat of Lots 16 through 30, Tract "G" and a portion
of Tract "B" of •tte Foothills Village First Filing
approved
Director of Community Development, Roy A. Bingman, identified the area and
stated the petitioners are requesting the development of seven patio houses
in exchange for fifteen town house units. Planning Director, William Kane,
stated the staff recommendation was for approval, a detailed landscape plan
has been received.
Council man Russell made a motion, seconded by Councilman Fead, to approve
the amendment to the final unit development plan of Foothills Village First
Filing. Yeas: Council members Fead, Gray, Preble, Reeves, Russell and I
Wilkinson. Nays: None.
IT
Final site and landscape plan for 1413 South College
Avenue unit Development approved
Director of Community Development, Roy A. Bingman, identified the area and
stated this matter had been before the Zoning.Board of Appeals and the
petitioners had obtained a variance for'le'ss than 2 acre, requirement for a
PUD. Director of Planning, William Kane, stated a hedge that would even-
tually reach 10 feet had been recommended on the north side, and more park-
ing in the rear.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to approve
the site and landscape plan for 1413 South College Avenue Unit Development.
Yeas: Council members Fead, Gray, Preble,. Reeves, Russell, and Wilkinson.
Nays: None,.
Final plat and landscape plan for Arthur Subdivision
Approved
Director of Cohnunity Development, Roy A. Bingman, identified the area;
there is a semblance of a frontage road which has been installed in front
of the property, . . .. t , ,
Plaiting Director, William Kane, presented slides and spoke to the staff
' 'recommendations and Planning and Zoning recommendation below;.
1. The Staff recortiands thaL fieca curb coat on College is
under;irable due to the size of the site and at+il.ity
for sough bound automobiles' to make left hand turns into
the alto at an unsignalived interseeL:ion. It is felt that
such turning moverants would present an unfair traffic
hazard on an already critically overlonded street.
2. The Staff has recanr,.cnded that a frontage road be constructed
:in cu!a.junction with this site. lire necess would be vattual.l.y
impossible to the rear building of this site without a
front;%a road. Turn around space for fare access vollicles
is not avn:ilabl.c on the site and the frontage road would be
necassary to give access within the required 200 feet. The
fronLay,.: road shoul.cl be a dedicated 40' with a lb' paved surfncr
and a l.nrndsca!ped V t:adi.aui.
'the St.:Jf rcecur•.:and:!t ion turn:: on t.hc question of an exclw%lve curb cut for
tills- sife. The St:nff rcc:omm-nidr; denial of the site and .landscape plan as shown.
Pl._nniu;, and Zoninit Board Vote: Rc.covzvmdat'ion for approval. with the understandhig
— that a frontage rowel be built. ns per City rp.:cirir
cati .ns when fc.asi.ble.
Mr. Bill Tiley, one of the developers in this area, reviewed the proposal and
presented slides of the road,elevations.
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Councilman l:uss^ll. made a motion, seconded by Councilman Fead, to approve '
the final plat and landscape plan for Arthur Subdivision to include, in
writing, a dedication of the right -of: -way and an agreement to do away with
the curb cut at such time as it is possible to do so and approval of Utility
Plans. Yeas: Council members Fead, Preble, Russell and Wilkinson. Nays:
Counciii,vmen Gray and Peeves.
Petitions for Storm Serer Improvement District.
Referred to Administration
Mayor Preble stated Council needed to accept the petitions and refer them
to the Admiliistration.
Councilman Russell made a motion, seconded by Councilwoman Reeves, to refer
the petitions to the Administration. Yeas: Council, members Fead, Gray,
Preble, Reeves, Russell and Wilkinson. Nays: None.
Ordinance authorized to amend the Code regulating
the hours of operating certain licensed, occupations
and amusement devices
Mayor Preble stated this was a request to change the hours for billiard
and pool tables, as the Council d1d for bowl Lng alleys, llie rezonnendation
from the Alainistraiion was that the City Attorney be authorized to prepare
the necesnarr > Grdinance eliminating the time restrictions. '
Mr. Ruben Ramirez and Mr. Frank H. Pino, petitioners, owners of the Culdk�n
Ram, spoke in favor of the request. Mayor Preble stated the length of time
necessary to make ordinance effective.
Coui, ii discussed the times of closing of liquor establishments.
COli7ici.lwoTan Reeves made a motion, seconded by Courcl1i+.nman Gray, to refer
the matter to th'e City Attarne)> to draw an ordinal -ice reflecting thy:` times
to coincide with Liquor Licenses. Yeas: Council men.ber Fead, Gray, Preble,
Reeves and Wilkinson. Nays: Councilman Russell
Request of Frank Sara.cino for City to pay
legal fees denied
Councilman Russell asked to be excused because of a possible conflict of interest.
City Attorney March reviewed the dispute brought to the City Counc.il's
attention, as to who owned some Cemetery grave spaces. Administratively,
no determination had been made, at that time the City Attorney had recommended,
and at request of one of the parties, the City instituted a suit, to let the
courts decide the ownership. The court rendered a deci.sion which did not
change the ownership of the lots. Now Mr. Saracino is requesting that the
City pay his Attorney's fees, and if Council agreed, it would be setting
a precedent. 1
C.l.ty Attorney March (advised the Council further that a motion for a new trial
has been filed.
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' Mr. Andy Anderson, 1421 Skyline Drive, representing Mr. Saracino, spoke in
favor of the request.
Councilurman Reeves made a motion, seconded by Councilman Fead, to deny the
request for payment of legal fees. Yeas: Council members Fead, Gray,
Preble, Reeves and Wilkinson. Nays: None. (Councilman Russell out of
room)
Ordinance adopted on second reading amending the Code
relating to assessments for local improvements
00 Mayor Preble stated this ordinance provides for flexibility in the assess-
00 ment procedure, and for the removal of, limitation against assessing for
00 more than one-half of the property value with the property owners approval.
U
Councilwoman Reeves made a motion, seconded by Councilman Russell, that
Ordinance No. 14, 1974 be adopted on second reading. Yeas: Council
members Fead, Gray, Preble, Reeves. Russell and Wilkinson. T`ayS: *lone.
ORDINANCE N0. ice, 1974
BEING AN ORDINANCE NAENUING SECTION 16-20
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO ASSESSMENTS FOR LOCAL IMPROVEMENTS
' BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Section 16-20 of the Code of the City of Fort Collins be,
and the same hereby is, amended to read as follows:
"No property in the district shall be assessed for
any improvement in an amount exceeding one-half (1/2)
of spch property's actual value. For the purpose of
.the within provision, the value of any property shall
be conclusively presumed to be three and. one-third
(3-1/3) times said property's valuation for assessment
for general taxes for the year preceding the assessing
ordinance as shorm on the records of the County Assessor,
Larimer County, Colorado. The foregoing limitation on
assessments shall not apply in tho case of any property
when all of the owners of such property expressly waive
the limitation in writing. In the event a street is
improved as an arterial or feeder street rather that:
as a residential street, the City Engineer shall compute
the extra expense caused by such streets being improved
as arterial or f odor rather than as residential, and
such portion of the cost shall be paid by the city at
large out of general revenues and shall not be assessed
against particular properties in the district. The
city at large, out or general rovenues, shall likewise
pay the cost of improving any street to a width greater
than forty (40) feet. The determination made by the
City Engineer and approved by the City Council as to
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the cost to be apportioned by reason of improving a '
street as arterial or feeder rather than as residential
or improving to a width of more than forty (40) feet
shall be conclusive and not subject to attack in the
-courts or otherwise."
Introduced, considered favor bly on first reading, and ordered
published this � day of ) 7.1 0t. , 4 , A.D. 1974, and to be
presented for final passage on the 1 . day of _ y}�,__,� , A.D.
1974. Y _
ATTEST: T �C
Mayor
City Clerk _
Passed and adopted on final reading this day ofA�,
A.C. 1974.
Mayor Y
1
ATTuST:
r/
C' y Clez•k
First reading: March 7, 1974 (Vote: Yeas: 6,;_Nays: 0)
Second reading: March 21, 1974 (Vote: Yeas: 6; Nays: 0)
Publishing dates: March 12 and 28, 1974
Attest:
Ordinance adopted on first reading vacating
an alley in Block 173
City Attorney"March stated this is an 'VI shaped alley that never has been
used.
Councilman Russell made a motion, seconded by Councilwoman Gray, to adopt
Ordinance No. 15, 1974 on first reading. Yeas: Council me-rbers Fead,
Gray, Preble, Reeves, Russelland Wilkinson. Nays: None.
It,
117 9:
Ordinance adopted-on.first.reading relating to -City -Par-
ticipation in oversized rater lines
City Attorney March stated more details are explained in the rules and
regulations.
Counc.i.aian Fead made a motion, seconded by Councilwoman Gray, to adopt
Ordinance No. 1.6, 1974 on first reading. Yeas: Council members Fead,
Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None.
_pp Ordinance adopted on first reading relating to City
00 Participation in oversized sewer lines
CX:
C7 Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to adopt
Ordinance No. 17, 1974 on first reading. Yeas: Council members Fead,
Gray, Preble, Peeves, Russell aiid Wilkinson. Nays: None.
Ordinance adopted as amended on first reading
amending the Water Plant Investment Pee
City Attorney Murch stated the ordinance needed to be amended by adding
after ".Section 112-64" the letter "A", it would be correct.
Councilman Russell made a motion, seconded by Councilwoman Reeves, to
' amend the ordinance by adding the letter "A" after Section 112-64. yeas:
Council members Fead, Gray, Prebla, Reeves, Russell and Wilkinson. ;Jays:
None.
Councilman Russell made a motion., seconded by Councilman Fead, to adopt
Ordinance No. 20, 1974 as amended on first reading. Yeas: Council
members Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
Ordinance adopted on first reading amending the
Sewer Plant Investment Pee
Councilman Fead made a motion, seconded by Councilwoman Gray, to adopt
Ordinance No. 21, 1974 on first reading. Yeas: Council members Fead,
Gray, Preble, Reeves, Russell. and Wilkinson. Nays: . None.
City Manager Brunton requested that Council pass by motion, the direction
that the Administration review the plant investment fees annually on or
about April first.
Councilwoman Reeves made a motion, seconded by Councilman Russell, to direct
the Administration to make an annual review on or about April first of
Plant Investment Fees. Yeas: Council members Fead, Gray, Preble, Reeves,
Russell and Wilkinson. Nays: None.
' Resolution adopted approving City Hngi.neer's report: on
General improvement District No. 69
City Manager Brunton stated the City is getting into fairly large improve-
ment districts and fairly large City contributions; the total cost for this
district is $961,860.00 with the City contribution of $435,667.00.
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Councilman Russell made a motion, seconded by Councilti+roman Reeves. to adopt I
the resolution. Yeas: Council members Fead, Gray, Preble, Reeves,
Russell and Wilkinson. Nays: None.
RESOLUTION 74 31:
OF THE COUNCIh OF THE CITY OF FORT COLLINS ADOPTING
THE REPORT OF THE CITY ENGINEER ON THE ESTIMATES, COSTS
AND ASSESSMENTS FOR STREET IMPROVEMENT DISTRICT NO. 69,
APPROVING THE DETAILS AND SPECIFICATIONS FOR SUCH PRO-
POSED DISTRICT, DETERMINING THE AMOUNT OR PROPORTION
01" THE TOTAL COST TO BE PAID BY A METHOD OTHER THAN
ASSESSMENTS AGAINST PROPERTY IN THE DISTRICT, THE NUM-
BER 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
W11EREAS, heretofore the City Council by resolution directed the
City Engineer to make a complete survey of hroposod Street Improverent
District No. 69, including the preparation of a map, plans and specifica-
tions, 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.
Section 2. The following amount or proportion of tho total
cost of such improvements shall be paid by the City at large and not by
assessments against property in the district,, to -wit: $425,667.00
Section 3: The property to be assossed for the improvements
shall be as follows: 'Those properties abutting upon the following streets
in the district, to -wit:
a Riverside Avenue from Mulberry Street to Lemay Avenue.
b. Riverside Avenue from Lemay Avenue to Prospect Road. ,
c. Prospect Road from Lemay Avenue to Timberline: Road.
d. Lemay Avenue from Elizabeth Street to Riverside Avenue.
00
e. Lemay Avenue from Stuart Street to Prospect Road.
f. The East half" of Lemay Avenue from Stuart Street to
Darmouth Trail.
Section 4.. Assessments for the cost of installing the improve-
ments in the district Will be made as follows: Upon all of the lots.and
lands abutting on the streets improved in proportion as the frontage of
each lot or tract of land is to the frontage of all lots and lands so
improved, with each street specifically itemized in Section 3 above to
00 be considered a separate unit for purposes of assessment.
00
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V► Section S. Said assessments shall be payable in ten equal
annual installments, with interest on the unpaid installments at, the rate
of six percent (6%) per annum.
Section 6. That on the 2nd day of May, 1974, at the hour of
6:30 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 com-
plaints and objections that may be made and filed in writing ccncerni.ng
the proposed improvements by the owners of any real estate to be assessed
' or :bny 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.
Passed and adopted at a regular meeting of the City Council
held this 21st day of March, A.D. 1974.
ATTEST:
Mayor
City Clerk
NOTICE
TO THE OWNERS OF PROPERTY TO BE ASSESSED IN STREET
IMPROVEMENT DISTINCT NO. 69 AND TO ALL INTERESTED
PERSONS OF THE KINDS OF IMPROVEMENTS PROPOSED, THE
NUMBED OF INSTALLMENT'S, AND THE TIME IN WHICH THE
COST OF SUCH IMPROVEMEN'iS WILL BE PAYABLE, THE
RATE; OF INTEREST TO BE PAID ON UNPAID AND DEFERRED
INSTALLMENTS, 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 CONCERN—
ING THE SAIL: ARE ON FILE AND CAN BE SEEN IN THE
CITY CLERK'S OFFICE
18`2
Public notice is hereby given to persons interested and
to owners of property to be assessed in Street Improvement
District No. 69 that the kind of improvements proposed for
said district is: the improvement of the streets within the
dist<r.ict by the installation of curbs, gutters, sidewalks,
asphalt street pavement and street lighting, and that the
cost of said improvements as assessed will be payable in ten
equal annual installments and that the rate of interest to
be paid on unpaid and deferred installments wi.11. be six
percent (61) per an -,nun and that the extent of the district
to be improved is as follows: those properties abutting
upon the following streets in the district, to -wit:
a. Riversiue Avenue from mulberry Street to Cernay
Avenue.
ib, Riverside: Avenue from I.,emay Avenue to Prospect
Road.
v.
Prospect Road
from Lemay Avenue to
7"imberlina Road.
do'
Lemay Avenue
from Elizabeth Street
to Riverside
Avenue.
Cl. Lemay Avenue from Stuart Street to Prospect Road.
f. The East half of Lemay Avenue from Stuart Street to
Dartmouth Trail.
and that the probable cost of said improvements as shown by
the total estimate of the City Engineer is $961J 860.00,
exclusive of the cost of collection, legal, advertising,
engineering, financing, interest and other incidentals and
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' that to said cost will be added an amount equal to seventeen
percent (17%) of such cost to cover the expense of collection,
legal and advertising, engineering, financing, interest
during construction, and other incidentals and that assess -
meats for the cost of such improvements within the di.stri.ct
30 will.be made as follows: Upon all of the lots and lands
X
abutting on the streets improved in proportion as the frontage
of each lot or tract of land is to the frontage of all lots
and lands so improved; with each street specifically itemized
above to be considered a separate unit for purposes of
assessment; and that the maximum cost to be asscssed,le'cluslve
of the cost of collection, legal and advertising, engineering,
' financing, interest during construction, and other incidentals,
is as follows:
a. Riverside Avenue from Mulberry Street to Lemay
Avenue-$21..36 per front foot.
b, Riverside Avenue from Lemay Avenue to Prospect
Road •-$23.58 per front foot.
c. Prospect Road from Lemay Avenue to Timberline
Road-$25.86 per front foot.
d. Lemay Avenue from Elizabeth Street to Riverside
Avenue - $27.87 per front foot.
C. LcNnay Avenue from Stuart Street to Prospect Road -
$33.73 per front foot.
' f. The fast half. Of Lemay Avenue from Stuart Street to
Dartmouth Trail - $29.91 p!'r front foot.
and that on the 2nd dak! of May, 1974, at the hour of 6.30
1:8
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
Tha•c a map of the district and estimates .of cost,
schedules showing the approximate amount S536.193.00 to be
assassed upon the several lots or, parcels of land witIlin the ,
district and all proceedings of the City Council in the
premisus are on file and can ba seen and exan,i ned in th_:
City Clerk's office dining business hours: at and, time before
said hearing.
Dated at Fort Collins, Colorado, this 21s, day of
March, A.D. 1974.
City Cle:.k
Resolution adopted approving the City .imp iieer's
retort on Stonn Sewer Ir roveaient t)istzi.ct No_1_5
City Attorney Harch stated a report leas submitted at the last meeting; City
Manager Brunton called on Director of Coimunity Developnie}t, Roy A. L'ir..m',ar!, I
to suirsnarizc the revised report:
_44
I R_5
' It is reconnended that the assessment for each parcel be based upon its
share of the rainwater runoff which it contributes to the total storm eater for
the district. Calculations of runoff are based upon existing development for
those parcels with permanent improvements and upok ultimate development (existing
zone) for those parcels which are undeveloped or partially developed. In order
to determine proportionate runoff contributions, reference was made to a table
in an American Society of Civil Engineer's manual entitled "Design and Construction
of Sanitary and Storm Sewer". This table of runoff coefficients is used regularly
by engineers to calculate quantities of storm water runoff. City staff selected
LID a coe£fi.cient for each use and proposed use within the district from the range
00 given in the manual. These coefficients were then proportioned and used as a
00 multiplier to be applied to the area of each parcel in order to determine the
CJ assessment based on runoff. Using a single family residence as a basis (multiplier
of 1.00)
City Clerk Perna Lewis read the revised resolution at length:
Councilman Fdad made a motion, seconded by Councilwoman Reeves, to adopt the
resolution. Yeas: Council members Fead, Gray, Preble, Reeves, Russell
and 11ilkinson. Nays: None.
RESOLUTION 74-32
OE' THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING
' THE REPORT OF THE CITY ENGINEER ON THE ESTIMATES, COSTS
AND ASSESSMENTS FOR STORK? SEWER IMPROVEMENT DISTRICT NO. is
APPROVING THE DETAILS AND SPECIFICATIONS FOR SUCH PRO-
POSED DISTRICT, DETERMINING T14E AMOUNT OR PROPOICIJON
OF THE TOTAL COST TO BE PAID BY A METHOD OT= THAN
ASSESSMENTS AGAINST PROPERTY IN THE DISTRICT, THE NUK-
BER 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 IYHEN THE COUNCIL, WILL
HOLD A HEARING PhD 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 Storm Sewer
Improvement District No. 15, including the preparaticn 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 T11E COUNCIL OF THE CITY OF
FORT COLLINS:
16S
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, accented and approved.
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: None.
Section S. The property to be assessed for the improvements
shall be as follocls: All property within the district boundaries, except
streets and alleys.
Section 4. Assessments for the cost of installing the improve-
ments in the district will be made as follows: Upon all of the real
estate in the district respectively in proportion as the area of each
piece of real estate in the district is to the area of all the real
estate in the district, exclusive of :streets and alleys, except that
the area of each parcel of real estate in the district shall be adjusted
bas::d upon the developed uses of such parcel (or if the parcel is not
developed, upon the present zoning of such parcel) in accordance with
the following:
Developed Uses Factor by which Area
for ZoninR? is M1tultar?lied _ '
Single Family Residence
iR-L Zoning', 1
Single Family Residence
with Lot Area of more
th:.n 16,000 square feet .7S
2., 3 and 4 unit
kesWontial Dwellings
(R-P Zoning) 1.2.5
Businesses permitted in
City Businass 'zones
(B-P Zoning) 1.5
Apartments with ?Wore than
4 Dwelling Units, Conmierci.al
and Light industrial Uses
permitted in C-Commarcial and
Limited Industrial Zones
OMP, R-H, C and l-L Zoning) 1..625
Industrial Uses permitted ,
in General _industrial Zor,o
(1-G Zoning) 1.875
The total adjusted area of the various parcels ill the district shall be
considered as the ictal area of t'ne district for the purpose of making
as Se_'•SMM 5 and each parcel Sh311 be assessed upon the basis of its
a0usted area.
1'87.
' Section S. Said assessments shall be payable in ten equal
annual installments, with interest on the unpaid installments at the
rate of six percent (60) per annum.
Section 6. That on the 2nd day of May, 1974, at the hour of
6:30 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 improvc-ments.and hear all com-
plaints 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 OD any persons interested generally. _
Section 7. The City Clerk be, and she hereby is, directed to
Q give notice by publication and mailing to the owners of the 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.
Passed and adopted at a regular meeting of the City Council
held this 21st day of March, A.D. 1974.
ATTFST: Mayor
�iTy G'ierk
NOTICE
TO THE OWNERS OF PROPERTY TO BE ASSESSED IN STORM
SEWER IMPROVEMENT DISTRICT NO. 15 AND TO ALL
INTERESTED PERSONS OF THE FINDS 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 INSTALLMENTS, 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 CLERIC'S OFFICE
Public notice is hereby given to persons interested and
' to owners of property to be assessed in Storm Sewer Improve-
ment District No. 15 that the kind of :improvements proposed
for said district is: installation of storm sewer lines,
187
and that the cost of said improvements as assessed will be
payable in ten equal annual installments and that the rate
of interest to be paid on unpaid and deferred installments
will be six percent (6%) per annum and that the extent of
the district to be improved is as follows:
A tract of Land, situated in Section 18,
Township 7 North, Range 68 West, of the 6th P.M.,
City of Fort Collins, County of Larimar, State of
Colorado, which considering the West line of said
Section 1.8 as bearing North and South and with all
bearings contained herein relative thereto, is
contained within the boundary lines which begin at
a point on the South line of said Section 18 which
bears Last 553.01 feet: from the South 1/0 co.rncr
Of sail Section 1.8, said point also being on the
centerline of La Plata Avenue: Right-of-way;
Thence North 384.7 feet;
Thence Piest 315.0 feet to the Centor.l..ine of
Pikes Peak Avenue Rjyht-of-Way;
Thencc South 171.87 feet to the Centerline of
East Lake Street Right-of-way;
Thence along the arc of a 301.37 foot radius
curve to the right a distance of'.156.Go feet along
the long chord of which bears N G9°3M O W 152.24
feet,
Thence along the arc of a 241.37 foot radi_z
curve to the left a distance of. 147.33 feet the
long chord of which bears N 72030'48" W 145.05
fact;
Thence West 78.5 feel: to the henterline of
Longs Peak Drive Right-of-way;
Thence North 176.3 feet;
Thence hest 180.0 feet to the Northwest
corner of lot 19 of the Prospect Estates Subdivi-
sion;
Thence North 144.82 feet to the Southwest
corner of lot 21 of the Prospect Estates Subdivision;
Thence West 180.0 feet to the centerline of
the Meeker Drive Right-of-way;
Thence South 47.78 feet;
:'hence West 180.14 feet to the 3outilwest
corner of lot 6 of the Prospect Estates Subdivision;
Thence North 322.31 feet to the Southeast
corner of lot 146 of Highlander 11nirhts 7th Subdi-
vision;
Thence Ni 34°25' West 1.39.97 feet along the
South property line of said lot 146 to the center-
line of Alford. Street iaght-oS' 4Jay;
1
III
1
Thence along the arc of a 110.0 foot radius
curve to the left a distance- of 8.96 feet:, the
'
long chord of which bears N 02023' E 8.92 feet;
Thence North .178.43 feet;
Thence S 86057140" W 149.64 feet to the
Southwest corner of lot 153 of Highlander Heights
7th Subdivision;
Thence N 13006' W 61.71 feet to the Southeast
corner of lot 52 of Highlander Heights 1st Subdivi-
sion;
Thence S G1031.' W 151.11 foot to tho center-
line of the Emigh Street Right--of-way;
r�
Thence North 13006'17" W 75.25 feet;
pp
Thence S 76053143" W 30.00 feet to the East
property .Line of lot 2G of Higt:laMer heights 1st
d
Subdivision;
Thence along the arc of a 15.0 foot radius
curve to the left a distance of 24.14 feet, the
.Long chord of which bears N 59012'17" West 21.62
feet;
Thence N 15018'17" W 30.0 feet to the center-
line of the Pitkin Street Right-of-way.
Thence along the arc of a 540.6.1 foot radius
curve to the right a distance of 139.S5 feet, the
Ion" chord of which boars S 82006'20" W 119,45
feet to a point said point bearing S 00029' E
'
140.00 feet from the Northeast corner of the
Southwest 1/4 of the Southwest 1/4 of said Section
18;
Thence S 89°31' W 1264.30 feet to the West
line of said Section 18, said West line also being
the center line of the Lemay Street Right -of --way;
Thence North along said West line 1,459.E feet
to the West 1/4 corner of said Section 18;
Thence North along said West line 1334.12
feet to a point, said point being the intersection
Of said West line with the existing City Limits
Line along the Northeast side of Riverside Drive;
Thence South 19024' East 369.5 feet along
said City Limits Line; ,
'Thence along the arc of a 1.121.00 foot radius
curve to the left a distance of 314.84 feet, the
long chord of which bears S 57026'45" E 313.80
feet, along said City Limits I,ir:e;
Thence along the arc of a 741.30 foot radius
curve to the right a distance of 214.75 feet, the
,Long chord of which bears S 57111'30" East 2.14.00
feet along said City Limits Line;
'
Thence South 1032' East 2095.17 feet to a
point, said point being the Nest westerly Northwest
corner of the lrt Lemay Annexation to the City of
Fort Collins and the most Northerly Northeast.
. corner of the Fast Prospect Street 1st Annexation
to the City of Fort Collins;
Thence South 61032'20" East 730.24 feet along
the existing City Limits Line;
189
1 9V
Thence along the arc of a 1.587.28 feet radius
curve to the right a distance of 1703.30 feet, the '
long chord of which bears South 30147'50" East
1622.71 feet, along said City Limits Line;
'Thence South 00003'20" East 680.43 feet to
the South line of said Section 18, this point
burs West 1183.40 feet from the Southeast corner
of said Section 18;
Thence West along said South line 918.00 feet
to the point of beginning.
and that the probable cost of said improvements as shown by
the total estimate of the City Engineer is $326,424.00,
exclusive of the cost of collection, legal, advertising,
englneeri.ng, financing, interest and other incidentals and
that to said cost will. be added an amount equal. to seventeen
percent (17%) of such cost to cover the expense of collection,
lecral and advcrti:'sing, engineering, finar.ciilg, interest
during construction, and other incidentals and that assess- '
mcnts for the cost of such improvements within the district
will be made as follows; upon ai.l of the real estate in the
district .respectively in proportion as the area of each
r,iece of real estate in the district is to the aroa of all
the real estate in the district, exclusive of streets and
alleys, except that the area of each parcel of .real estate
in the district shall be adjusted. based upon the developed
uses of: such parco.l (or if the parcel is not developcd, upon
the present zoning of such parcel) in accordanc4 with the
following:
^iv.^lapel Uses factor by ::hick Area
(or "z,o: ina) b:ult �licd
Singac: 1:.u:;il. 12esidence 1 ,
Single Family iosidence •75
wj ih 1.0t Area OK more
titan .16, 000 squarc feet
l r;n
1191;.
' 2, 3 and 4 unit 1.25
Residential Dwellings
(R-P Zoning)
Businesses permitted in 1.5
City Business Zones
(B-P Zoning)
pO Apartments wifh more than 1.625
00 4 Dwelling Units, Commercial
of and Light Industrial Uses
permitted in C-Commercial and
Limited Industrial Zones
(RP4P, R-H, C, B-L, I-L Zoning)
Industrial Uses permitted 1.875
in General Industrial Zone
(I-G Zoning)
The total adjusted area of the various parcels in the district
shall be considered as the total area of the district for
the purpose of making assessments and each parcel shall be
assessed upon the basis of its adjusted area; 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, based upon each
property adjusted area is as follows: $ 0.0411 per adjusted
square foot; and that on the 2nd day of May, 1974, at the
hour of 6:30 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 wri ti nit by the. o•::ners of any
property to be assessed or persons interested yo nerally.
191
All complaints or objections should be made in writing and '
filed in thc,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 $326,424.00 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 he seen and examined in the
City Clerk's office during business hours at any time before
said hearing.
Dated at Fort Collins, Colorado, this 21st day of
March, A.D. 1974.
City Clrrk
Resolution adopted repealing a resolution adopted
March 7,.1974
City Attorney March stated Council had received a report from the City
Engineer ':rhich established this distract. 'Ihe resolution, as adcpted,
did not include the water line on Lemav from Stuart north to Spring Creek.
Therefore, the Council needed to go back and repeal that resolution.
City Clerk, Verna Lewis, read the resolution at length.
Councilman FeaO, made a motion, seconded by Councilwoman Gray, to adopt the
resolution. Yeas: Council members Fead, Gray, Preble, Reeves, Russell
and Wilkinson. Na),s: None.
RESOLUTION 74-73
OP' THE COUNCIL OF TILE CITY OF FORT COLLINS ACCEPT-
ING A RL'COMUMENDi'TION FROM TfTE DIRrCTOI2 OF PUBLIC
WORKS REGARDING THE TNITIATION OF A SPECIAL I:-1PROVB-
MENT DISTRICT, STATIYG TIM PEED FOR, THE NATURE ,
OF, AIM THE LOCATION OF THE IMPROl'EI-IENTS 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. TIIE NECESSARY
INFO1MA'.:'ION FOR. THE FORMATION OF• SAID DISTRICT
1 !13
WHEREAS, 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 improve--
ments in the City; and
WHEREAS, the City Council has received such recommenda-
tion and desires to continue -with the formation of such
00
�0
00 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
Public Works is hereby received and accepted.
Section 2. That the improvements to be'ccnst.ructcd are
the following: the. installation of waterlines t.o provide
' water. service .from the City water utility to properties in
the District.
section 3. The location of the improvements to be made
is as fol.lo,,cs: water lines to be installed in Riverside
Drive from Lemay Avenue to Prospect Street and in Lemay
Avenue from Stuart Street North to the north side of Spring
Creek.
Section 4. The city Engineer is hereby directed to
prepare ar:d present to the Council the following:
A. Frelimi.nary 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
193
B `9
and until assessments are made by ordinance against the
properties benefited, and 'other incidental costs..
C. 11 map of the district to be assessed for the cost
of the improvements
Section 5. Said improvement district shall be known as
Water Main Improvement District No. 6.
Section 6. This resolution repeals and replaces the
resolution adopted by the City Council on Marcie 7, 1974,
initiating said Water main Improvement District No. 6.
Passed and adopted at a regular meeting of the City
Council held this 21Stday of March, 1974.
ATTEST _
ri.t.y Clerk
Mayor
Resolution adopted as amended approving the City Engineer's
leport on 'Hater Main Imurov'ement District No. 6
City Attorney March stated an amendment to the resolution was necessary.
Councilwoman Reeves made a motion, seconded by Counci.lisoman GY:-1y, to L end
the resolution by substituting, in Section 3, the word "fronting" to
"abutting"; by adding at the end of the sentence "and on Lemay from Stuart
Street north to the north side of Spring Creek". In Section 4, by striking
"Riverside Avenue" and adding "the streets in i%hich water lines are
instaiied". Yeas: Council members Fead, Gray, Preble, reeves, Russell,
and Wilkinson. Nays: None.
Councilwoman Recves made a motion, seconded by Councilwoman Gray, to adopt
the rosolution as amended. Yeas: Council members Fead, Gray, Preble,
Reeves, Russell and ;Vilkinson. Nays: None.
1
1
194
195
' RESOLUTION 74-34
OF THE COUNCIL OF THE CITY OF FORT COLLI14S ADOPTING
THE REPORT OF THE CITY ENGINEER ON THE ESTIMATES, COSTS
AND ASSESSMENTS FOR WATER MAIN IMPROVEMENT DISTRICT NO. 6
APPROVING THE DETAILS AND SPECIFICATIONS FOR SUCH PRO-
POSED 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 NUM-
BER OF INSTALLMENTS AND THE. TIME WITHIN WHICH THE COST
OF THE IMPROV$Mi NTS .ASSESSED AGAINST PROPERTY IN THE
DISTRICT WILL BE PAYABLE, THE RATE OF INTEREST TO BE
CHAR"FD ON UNPAID INSTALLMENTS, THE PROPERTY TO BE
ASSESSED FOR THE. IMPROVFDIENTS, THE METHOD OF KM ING
SUCH ASSESSMENTS, AND THE DATE WHEN THE COUNCIL WILL
[j 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 Water Main
Improvement District No. 6, including the preparation of a map, plans
and specifications, and estimate of cost of the improvements in said
proposed district; and
' WHEREAS, rho 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
17ORT 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.
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: $30,230.40.
Section 3. The property to be assessed for the improvements
shall be as follows: All properties abutting on Riverside Avenue from
Prospect Road to Lemay Avenue and on Lemay Avenue from Stuart Street
North to the Borth side of Spring Creek.
Section 4. Assessments for the cost of installing the improve-
ments in the district will be made as follows: Upon all of the lots and
lands abutting the streets in which water lines are installed in the
district in proportion as the frontage of each such lot or tract of
land is to the frontage of all lots and lands so fronting on Riverside
Avenue.
Section 5. Said assessments shn11 be Payable in ten equal
annual installments, with interest on tlu• uup:,id installments at the rate
of six percent (6%) per annum.
Y9 (°
Section 6. That on the 2nd day of May; 1974, at the hour of ,
6:30 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 com-
plaints 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.
Passed and adopted at a regular meeting of the City Council held
this 21st day of March, A.D. 1974.
/s/ Mabel G: Prcble
ATTEST: Mayor — � —
si Verna T.,ewi_G
City clerk_
NOTICE ,
TO THE Oidfd:kS 0'r' i>12CP13i:1'Y TO BE 1lS:aiSSED IN 1•.':1TElt
MAIN IMPROVEMENT DISTRICT NO. 6 AND TO ALL INTER-
ESTED PERSONS OF THE KINDS OF IMPROVEMENTS PROPOSED;
THE ldiiiiBiE!: OF INSTALLMENTS, AND THE TIME IN WHICH
TEAS COST OF SUCH IMPROV.1 ,TENTS. WILL BE PAYABLE, T141E
RATE OF INTEREST TO BE PAID 014 UNPAID AND UEFFRRED
INSTALLMENTS, THE EXTENT OF THE DISTRICT1 TO SE
IMPROVIED, TYE PROBABLE COST AND THE MAXI:iUM COST
TO BE ASSESSED, THE TIME WHEN TYE CITY COUNCIL
WILL CONSIDER ORDERING BY ORDINANCE THE PROPOSED
IMPROVEMENTS AND HEAR COMPLAINTS AND OBJECTIONS,
AND THAT A MAP OF THE DISTRICT AND DETAILS CONCERN-
ING 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 assesscd.in water Main Improve-
ment District No. 6 that the kind of improvements proposed
for said district is: installation of water mains to serve ,
property in the district, and that the cost of said improve-
ments as assessed will be payable in ten equal annual :install-
ments and that the rcite of interest to be paid on unpaid and
6
-- deferred installments will be sir. percent (6%) per annuni and
that the extent of the district to be improved is as follows:
All properties abutting on Riverside Avenue from
Prospect Road to Lemay Avenue and all properties
abutting on Lemav Avenue from Stuart Street to
the North side of Spring creek
and that the probable cost of said improvements as shown by
7U
X the total estimate of the City Engineer. is $92,976.00,
exclusive of the cost of collection., legal, advertising,
G
engineering, financing, interest and other incidentals and
that to said cost will. be added an amount equal to seventeen
percent (17t) of such cost to cover the expense of collection,
legal and advertising, engineering, financ:i.ng, interest
during construction, and other incidentals and that assess•-
' ments for the cost of such improvements within the district
will. be made as follows: upon all of the lots and lands
abutting the streets in the district in which water lines
are installed in proportion as the frontage of each such lot
or tract of land is to the frontage of all lots and lands so
abutting such streets; and that the maximum cost to be
assessed, exclusive of the cost of collection, .legal and
advertising, engineering, financing, interest during construc-
tion, and other incidentals, is as follows: $6.60 per front
foot, and that on, the 2nd day of May, 1974, at the hour of
6:30 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
19,7
198
proposed improvements and hear all complaint's 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 $62,745.60 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 thra
City C.lerkts cffice during business hours at any time bc-fore
said hearing. '
Dated at Fort Collins, Colorado, this 21st day of
March, A.D. 1974.
City Clerk
Resolution adopted authorizing the hiring
an auditor for 1974
Coux:ilntan Russell made a notion, seconded by Councilman Fead, to adopt the
resolution. Yeas: Council members Fead, Gray, Preb.le, Peeves, Russell
and Wilkinson. Nays: None.
RESOLUTION 74--35
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AND AUTHORIZING; THE OIRING OF AN
AUDITOR FOR THE CITY FOR THE YEAR 1974
i 9c
' WHEREAS, it is necessary and desirable that the City of
Fort Collins retain the services of an auditor for the year.
1974 and
WHEREAS, Kruchten & Magnuson, P.C. have previously been
retained in such capacity for the year 1973 and in -the opinion
eJ
00 of the City Council it is in the best interests of the City
00
to continue the employment of such firm in such capacity for
C�
the year 1974, and the interests of the City will best be
served by retaining the service of such accountants at this
time so that periodic audit services will be available to the
City from time to time during the year, and
WHEREAS, Kruchten & Magnuson, P.C. have made a proposal
' to the City for audit services during the year 1974 which
proposal is acceptable to the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the proposal of Kruchten & Magnuson, P.C.
to furnish audit services to the City for the year 1974 be and
the same hereby is accepted and said firm is hereby employed
as the auditor for the City during the year 1974.
Passed and adopted at a regular meeting of the City
Council Feld this 21st day of March, 1974.
i
Mayor
ATTEST:
Czty Clerk
2i40
Resolution adopted appointing J.R. H.erbertson I
and Donald A. Pulliam to fill vacancies on
Personnel Board.
Councilwoman Gray made- a motion, seconded by' Councilman Fead, to adopt the
resolution. Teas: Council members Fead, Gray, Preble, Reeves, Russell
and Wilkinson. Nays: gone.
RESOLUTION 74-36
OF THE COUNCIL. OF THE CITY OF FORT COLLTN5 APPOINTING J. R. HERBERTSON
AND DONALD A. PULLIAM TO FILL VACANCIES ON THE PERSONNEL BOARD.
WHEREAS, two vacancies now exist on the Fort Collins Personnel Board,
and,
PIHEREAS, the City Council desires to appoint J. R. Herhertson and
Donald A. Pulliam to fill such vacancies and they have indicated they are willing
to accept such appointments,
NOW, TI11iR.EFORE, BE IT RESOLVED BY THE COUNCIL OP THE; CITY OF FORT COLLINS
chat J. R. Herhertson and Donald A. Pulliam he and they hereby are appointed
as members of the City of Fort Collins Personnel Board for terms to expire on
July 1, 1975, :and July 1, 1976, respectively.
Passed and adopted at a regular meeting of the City Council }field this 111
21st day of March, A.D., 1974.
C'
N,ayar. --- -----
ATTEST:
City Clerl;
Mayor Preble directed the Ad.uir-stration to send loiters of appreciation to
Air. A. 0. Farrar and Mr. Arnold Ntr;pei,t for their services on the Personnel
Board.
0.0
20'1
I
Resolution adopted appointing, Tom Fierce as
Civil Defense Director
Councilman Pead made a motion, seconded by Councilwoman Gray, to adopt the
resolution. Yeas: Council members Pead, Gray, Preble, Reeves, Russell.
and Wilkinson. Nays: None.
RESOLUTION 74-37
OF THE COUNCIL OF THE CITY OF FORT COLLINS
70 APPOINTING TOM FIERCE AS CIVIL DEFENSE DIRECTOR
�G
[7
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Wa
That Tom Fierce be appointed Director of the City of Fort Collins
Civil Defense Agency established by resolution adopted .Lune 22, 1967; that
appointee be hereby authorized and directed to act in accordance with the
provisions of the establishing resolution and that the appointment become
effective on .January 1, 1974, conditioned upon acceptance of the appointment
and execution of the loyalty oath required by the Federal Civil De£onse
Act of 19SO (Public Law 920), as amended.
' Passed and adopted at a regular meeting of the City Council
held this2lst day of March, A.D. 1974.
Mayor
ATTEST:
City Clerlc
Councilman 1?ussell asked if the emergency hospital supplies and equipment now
stored in City hail are under the jurisdiction of the Civil Defense
Director? City Mana;;er Brunton replied that it was and also that the City
Administration is currently in the process of trying to find another storage
place since it does take up needed space at the warehouse. Mr. Russell
also inquired if there was an assistant to help, and was unformed that
Sergeant Larry Julch & the Police Depar.t:;ert is the Assistant Civil nefen
Director.
Resolution adopted approving an agreement with
'
City
Attorney
Union pacific Railroad_Comnan'a
March explained to the Council that this was a routine cross-
ing
agreement
with the Railroad Company.
City
Manager
Brunton explained that this is to provide an underground elec-
tric
service
to property recently annexed and we need to cross the railroad
at a
crossing
located on Last Prospect Street.
201.
202
Council➢un Fead made a motion, soconded by Ceuncilmul Wi.lk.inson, that the
resolution be adopted. Yeas: . Councii r2embers Pead, Preble, Reeves,
Russell and Wilkinson. Nays: None. Gray out of: room)
RESOLUTION 74-33
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AGREEMENT TO DE ENTERED INTO
WITH THE UNION PACIFIC RAILROAD COMPANY
WHEREAS, Union Pacific Railroad Company has tendered to the City
of Fort Collins, State of Colorado, an agreement covering construction,
maintenance and operation of an underground wire line across property and
under the tracks of the railroad company near Port Collins, Larimer County,
Colorado, said agreement being identified in the records of the railroad
company as its C.D. R33379-3; and
lSdF.REAS, the Council of the City of Fort Collins has reviewed
said prcposcd agreement before it and has given it careful review and
consideration; and
WKREAS, it is considered that the, best interest of the said
City of fort Coilins, state of cojoradj, will be subser'ved by the acceptance
of said agreement.
NOW, 1'HLREFORE, BE IT RESOLVED 3Y THE COUNCIL OF THE CITY OF
FORT COLLINS that the terms of said agreement submitted by Union Pacific
Railroad Company as aforesaid be, and the same ho by,are, accepted on
behalf o�-' said City; and
BE IT FURTHER RESOLVED that the Mayor of said City is hereby
authorized, empowered 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 dupilcate
original of said agreement a cervizied copy of this resolution.
Passed and adopted at a regular meeting of. the City Council
held this 21st day of March, A.D. 1974.
ATTEST:
( it Cleric
Mayor
1
1
1
203
' Approval given for payment to the Six City Sub,
Corvri;.tee in conjunction with the WindX Gap program
.gram
City lixoger Brunton spoke to the importance of keeping active in this
program and continuing our participation with this payment at this time.
City Attorney March explained. that our participation in this program does
not mean that other projects will be stopped. Our activity with the Joe
Wright Reservoir will continue and Windy Gap program is a secondary source
of vaster.
00 x Councilman Fead made a motion, seconded by Councilwoman Gray, that the
on payment of $6,000.00 to Six City Subcommittee for the Windy Ga;n program
Qt� be approved. Yeas: Coancil members Fead, Gray, Preble, Reeves, Russell
c� and Wilkinson. Nays: None.
Rules and regulations regarding City participation
in the cost of extending water mains approved
City Manager Brunton explained that this is to implement Ordinance No. 16,
1974 adopted earlier so that it can be done through rules and regulations,
rather than by ordinance.
Councilman Russell made a motion, seconded by Councilwoman Reeves, that the
rules and rejr-lations be approved. Yeas: Council members Fead, Gray;
' Preble, Reeves, Russell, and Wilkinson. Nays: None.
Approval given in retaining a consultant to perform
engineering service on the Fast Drake Road Storm
Sewer District
City Manager Robert Brunton spoke to the need to have a consulting firm do
tho engineering service for the storm sewer district and the recommendation
is to hire ,JoTes H. S'tct.nr't and Associates for the job.
City Attorney March asked that there be an understanding that the project
can be stopped at any time if necessary. City Manager Brunton assured hum
thatthis would be taken care of and the cost could be $14,000.00,
Comcllman W11.1d.nson made a motion, seconded by Counclii:orio Gra;�, to aplircve
the hiring of James H. Stewart and Associates as a consulting firm to do
the engineering study on the East Drake Road Sewer District. Yeas: Cotmcil-
members Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
(Councilman Fead out of rooms
Councilwoman Reeves asked if the City could make some provision for future
property c m•ers so they will not be faced With the same problems of :>coni
sewer improvement districts as the people who are involved in The current
district City Attorney Ma.rel'n stated he w-)uld tn, to put som.e'thiing Loget.ber
si.milar to the 'Aurora Plan" to cove2' this.
204
1
Purchase of Electronic Scoreboard 'naming
System for indoor swim ing ncol yEjo•, ed
City Manager Brunton explained that the scoreboard tinter budgeted, for is
a sole source purchase. The School Board was asked if they would like to
participate in the purchase of this, but they were not interested. The cost
will be $11,000.00.
Councilman Russell made a motion, seconded by Councilman Wilkinson, to
approve the purchase of the electronic scoreboard timing system from
Colorado Time Systems in Loveland. Yeas: Council members Fead, Gray,
Preble, Reeves, Russell and Wilkinson. Nays: None.
Hearing on the plan for acquiring and preserving
yen Space Pl_un apprc:%ed ---------------------
Director of Community Development, Roy A. Bingman, gave a brief introduc-
tinn of the Open Space Plan. Director of Fliuuung, Bill. :Cane, spoke
to t:hn question of haw it pas put together and all of the sources of
in_£eroati.on, etc. , and that this should not be confused with. the proposed.
Bike '_'rail flan.
Ted Rodenbeck of the Planning Department, showed slides illustrating tine ,
areas of proposed open space and the objectives of the plan.
Airs. Pat Mc)ore, Chairman of Community Affairs, of the fort Collins Branch
of the American Association of. University Mmer_, wisred to capnss their
support in general to the Open Space Plan Laid to commend the Planning Staff
for their excellent job i-n putting this plan together.
Directoz or cor.-^unity Development, Roy A. L'inFwn, stated that the written
report is avaiialle and that the complete financi.al breakdov:n and time table
is lncinied in the retort.
Coimci.lworf n Gray made a motion, seconders by Councilwoman Reeves, that the
Open Space Plan report be accepted and approves the implementation. Peas:
Colmcil members Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays:
None:.
Increase in fees for overdue books at the Library
Approved
City Manager Brunton explained that the Charter says this is an Administrative
decision, but Larry Webber; Director of the Library, would like Council to
confirm the Library Board's recommendation to increase the overdue book
fees from J.03 a day to $.05 a day and the nvnxinizri fees from $,SO to $1.00
per boor:. '
Councilman Wilkinson mane a notion, seconded by Councilman Fead, to
improve the increase, In overdue book fees. Yea.s: Council members read,
Gray, Prebic, Reeves, Russell and Wilkinson. Nays: None,
2 05
Consider Traffic 1n•oblems on Br _+nmod Road
Joe Rice, 'Traffic Director, spoke to the hazardous traffic problem on
Briarwood Road between mulberry and Laporte. City WLnager Brunton asked
for continents from some of the residents in the area and then see what
suggestions they may have regarding this problem.
00 Mrs. Charles Cunninghd_m, 220 Briarwood Court, spoke to many of the
x problems from 1970 to date, and stated, she would like to see the street
closed or the blocking the through traffic from Ramblev-�od apartments.
Lieutenant Larry Seib of the Police Department advised the Council that
in a year period, 275 tickets had been issued for various violations in
the area,
P;Lrs. Linda Bandhauer, 425 Briarwood Road, asked about making it a play
street. Joe Rice advised that this would not really help because it
would not cut off the traffic.
Councilvoman Gray asked if a temporary cul-de-sac could be made, or
fire break-avray posts put in to cut off the through traffic.
' Councilman Wilkinson inquired into the feasibility of speed traps -
speed bumps, and Mr. Rice replied that they were a -hazard due to the fact
that they ndght cause a car to lose control if it hit one.
Mx. Karl Bandhauer, 425 Brianaood, spoke to the evidence of the serer:ity
of the problem by calling attention to the turn over in families living
in the area and the number of real estate transactions that have taken
place in the past few years.
Mr. Ed Russell, 233 Briarwood Road, spoke also to the problems and asked
for some type of separation of the two types living areas - single families,
as opposed to apartment. dwellers.
Director of Community Development, Roy A. Bingnon, stated that his depart-
ment will study this and report back at the April 4th meeting, with the
best method of cutting down the traffic or closing the street.
Establishing hearing dates on Hzian Rights
Ordinance as h+ay 7.., 1974 `-- ----
Councilwoman Gray made a motion that. the Human Relations Commission be asked
to set tap public hearings on the Human Rights Ordinance and to make its
final recommendation to the Coimci.l by the end of April, seconded by
Cowlcill�:olnan Reeves. Yeas: Council members Fead, Gray, Preble, Reeves,
Russell and itiilkin-s.on. Nays: None.
The Council asked that minutes of this meeting be provided to them so that
they can consider this item at the meeting on May 2, 1974.
205
2n6
Bid awarded on Screw Pump to Passavant Corporation ,
� 1 re✓eci
Councilmen Russell made a motion, seconded by Councilwoman Reeves, that
the bid for the purchase of screw pumps be: awardel to Fassavant Co:toration,
the low bidder, subject to approval of State and Federal Government. Ycas:
Council members Fead, Gray, Preble, Reeves, Russell -and 1"lilkins=4 Nays:
None.
Resolution adopted expressing support for House
Bill 1156
Councilwoman Gray brought this before the Council, stating the Municipal
League was asking the Council to pass this resolution supporting House
Bill 1156, lali.ch .is being sat upon in the Rules Cemmi-ttco. City Clerk, Verna
Lewis, read the resolution at len?th. (�
C.ozmif_ilwoman Dray made a motion, seconded by Councij;'1onv.n Reeves, to adopt
the rosol.atlon and direct the Administration to send copies to n2mbers of
tlx: Rules Committee, anc! to our representatives and the �Unlcipal League.
V as: Co1:nci.1 members Gray, freble, Reeves, laisse11 and Wilkinson.
Nays: Nor:e. (CCuncilmen need out of rooms-
RESOLUTION 74 9'
OF THE COUNCIL OF THE CITY Or FORT COLLINS
EDRESSING SUPPORT FOP. HOUSE BILL 1156
NCl9 BEFORE THE COLORADO LEGISLATURE
WHEREAS, !louse Rill 1156 is now pending before the Colorado
Legislature; and
WH REAS, .such bill as proposed contains provisions desired to
alloy innic.ipaliti_es to plan orderly growth and to control the efiects of
growth in order to eliminate the many problems now confronting municipalities
associated with the growth now bang experienced, particularly among
communities along the Colorado Front Range; and
WHEREAS, such proposed bill would provide the means for estab-
lishing areas which will be incorporated into municipalities in the
future and maid grant some ability to control the development of these
areas to )unsure that such development is compatible with the plans of
such municipalities; and
IYaEREAS, tilt bill as proposed provides for Yoview of such
designated areas by other .interested governmental bodies, including
counties, regions and the State; and '
WHEREAS, the City Council has studied such bill and it of the
opinion that the provisions contained thovcin arc extremely necessary
in order to control growth and to enable government at the local level
to be able to develop and implement scund plans.
206
CRT
' NOW, THEREFORE, BE IT^RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City of Fort Collins hereby expresses its strong
support for House Bill 115E now before the State Legislature and recommends
that the Legislature enact such legislature.
Passed and adopted at a regular meeting of the City Council
held this a /Kday of )ita ,c�L A.D. 1974.
Ix
so
on
rot ATTEST: Mayor
G
City Clerk
Authorization requested by City Attorney
to bring Quiet: Title action approved
City .Attorney March informed the Council that there remained a s?r�all pi.oce
of property 11' x 11' x 21' .that. needed to be acquired to complete the
parking lot acquisition for the Lincoln Jr. High indoor swimming pool.
lie needed. authority to initiate a quiet title court action to acoulre title
to this small piece of property.
COUncilmaii Nilklnson made a ination, seconded by Courcilwcnan Reeves, to
authorize the City Attorney to proceed with the quiet title action to
acquire this property. Yeas: Council members Cray, PAeble, Reeves,
Fussell and Wilkinson. Nays: None. (Councilynan Fead out of room)
Ad j ournmetrt
Councilman Russell nude a motion, seconded by Councilman (fray, to adjourn
the 11!eetlng. Yeas: Council members Dead., Cray, PrCbl.C, Reeves, RussojI
and Wilkinson. Nays: None.
ATTEST :
i
f�+ayor
707