HomeMy WebLinkAboutMINUTES-07/17/1979-Regular1
7,
July 17, 1979
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council - Manager Form of Government
Regular Meeting - 5:30 P.M.
A regular meeting of the Council of the City of Fort Collins
was held on Tuesday, July 17, 1979 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: Bowling, Gray, Kross,
Reeves, St. Croix and Wilkinson.
Absent: None. (Secretary's Note: Wilmarth arrived at 5:35 p.m.)
Staff Members Present: Arnold, Bingman, Dick, Dallow, Deagle,
Kreinpel, Lanspery, Lee, Lewis, Liley,
Mabry, Mills, Parsons, Rupel, Smith,
Taylor, McGraw, Hays, Frazier and Wood.
Agenda Review: City Manager
City Manager Arnold reported there were three items of other
business that needed discussion and two items of business to
discuss in Executive Session.
Consent Calendar
These are items of a routine or non -controversial nature on
which a unanimous vote of approval is expected. Anyone may
request an item on this calendar be "pulled" off the Consent
Calendar and considered separately. (The purpose of this
calendar is to allow Council to spend its time and energy on
more important items.)
The Consent Calendar presented was as follows:
4. CONSENT CALENDAR ITEMS.
A. Consider .Approval of the Minutes of the June 26, 1979 Special Meeti
and July 3, 1979 Regular Meeting..
B. 14earin_q and First Reading of Ordinance No. £32,.1979, Approving an
Agreement P acing imita lions on the Sunstone Rezoning.
Council unanimously approved this Sunstone Rezoning at the July 3rd
meeting, With the understanding that all uses in this zone be per-
mitted only as part of a P.U.D. This agreement provides for this
limitation.
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July 17, 1979
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E
F
Second Reading of Ordinance No. 78, 1979, Rezoning Sunstone Properties.
This Ordinance passed unanimously on first reading at the July 3rd '
Council meeting. It is a rezoning request for a 151 acre parcel from
T-Transition to R-L-P, located on the northeast corner of Harmony and
Timberline Road.
Second Reading of Ordinance No. 79, 1979, Rezoning the Silverplume
This Ordinance passed unanimously on first reading at the July 3rd
Council meeting. This is a proposal to rezone 29.5 acres from
R-L-P and B-P to R-P, located on Swallow Road east of Dunbar.
Resolution Authorizing Street Name Change.
This resolution authorizes a street name change in Wildwood Second Subdivision.
Due to a duplication within the Overland Trail Farm Subdivision.which lies
directly to:the west of..'the Wildwood Second Subdivision.
Hearing and First Reading of Ordinance No. 83, 1979, Vacating a Utility
Easement in Indian Hills Subdivision, 8th filing.
In 1977 a utility easement was vacated incorrectly and this ordinance
provides for a correction -to this vacation.
G. Hearing and First Reading or Ordinance No. 84, 1979, Vacating a Portion
of an Alley in Block 19.
This is a request to vacate a portion of the alleyiin Block 19. This
portion of the alley is not needed for municipal or public travel
purposes.
H. Resolution Authorizing the City to Enter into an Agreement with C.S.U.
for Water Testing.
i
This resolution provides for an agreement with C.S.U. to make 30 water
sample tests per month at an annual cost of $1,600.
I. Pinewood Townhomes, P.U.D. Final.
This is a final proposal for a 42-unit townhome P.U.D. on 3.57 acres
located west of Stover Street, east of Stanford Drive, zoned R-M-P.
The applicant has addressed all conditions from preliminary plan approval
on the final plan.
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iuly 17,.1979
J. Deeds, Easements, and Agreements.
This item on the agenda brings to Council for consideration by summary
only deeds, easements, aid agreements.
' They have already been reviewed and approved by the City Attorney's staff.
and departmental staff involved in each project.
1. Lease agreement with the Public Service Company for
the Overland Trail pump station site.
Consideration: $100
2. Agreements of sale of purchase:
a. John and Dorothy hleutze for property needed
in connection with the Poudre Trails System.
' Consideration: $9,000
b. Samuel Webster for the final piece of
! property needed for the Lemay Avenue
extension located on the northeast
corner of Lemay and Lincoln.
Consideration:, $6,500
c: Easement agreement for a water line
through.the.south unplatted half of
Park South Subdivision.
' No Consideration.
Staff recommends Council authorize the City Attorney to prepare such
agreements and also authorize City manager and City Clerk to execute
the same.
K. Resolution Adopting Rules and Regulations for Fort Collins/Loveland Airport.
These rules and regulations are necessary to provide for the safe and
efficient management of airport operations and are similar to those
adopted by other regional airports in the area.
' L. Traffic Signal Lemay/Pitkin/Lory.
To address the traffic problem in this area, staff is recommending the,
following:
a. Remove parking and install two-way left turn
lane on Lemay Avenue;
b. Install Flashing yellow school crossing light
at the existing cross walk;.and
c. Install a pedestrian crossing signal at Prospect
Street and Lemay Avenue.
' M. Resolution Authorizing the City to Enter into a Funding Agreement with
the State Department of Highways fora master Signal Control System.
The City has applied and received funding assistance from the State
Highway Department in connection with the master signal control system
for City streets, totaling $485,462.
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July 17, 1979
The following items were removed from the
Consent Calendar:
Item K.
Resolution Adopting Rules and Regulations
for Fort
'
Collins/Loveland Airport.
Item L.
Traffic Signal Lemay/Pitkin/Lory.
City Clerk Verna Lewis read the following
ordinances by title:
Item No.
4B. Hearing and First Reading of
Ordinance No. 82,
1979, Approving an Agreement
Placing Limitations
on the Sunstone Rezoning
Item No.
4C. Second Reading of Ordinance
No. 78, 1979, Rezoning
Sunstone Properties.
'
Item No.
4D. Second Reading of Ordinance
No. 79, 1979, Rezoning
the Silverplume Property.
Item No.
4F. Hearing and First Reading of
Ordinance No. 83, 1979,
Vacating a Utility Easement
in Indian Hills Subdivi-
sions. 8th Filinz.
Item No. 4G. Hearing and First Reading of Ordinance No. 84, 1979,
Vacating a Portion of an Alley in Block 19.
Councilman Wilkinson made a motion, seconded by Councilwoman Gray, '
to approve and adopt all items on the consent calendar with the
exception of items K & L.
Item K. Resolution Adopting Rules and Regulations for Fort Collins/
Loveland Airport.
Item L. Traffic Signal Lemay/Pitkin/Lory.
Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix and
Wilkinson. Nays: Councilman Wilmarth.
City Manager Arnold reminded Council that it must be a unanimous '
vote to approve items on consent.
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves,
to reconsider the consent calendar. Yeas: Councilmembers Bowling,
Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None.
Councilman Wilmarth requested item J2, (a & b) be removed from the
consent agenda.
Item J. 2.
a. John and Dorothy Neutze for property needed in '
connection with the Poudre Trails System.
Consideration: $9,000.
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July 17 , 1979
1
Item J. 2.
b. Samuel Webster for the final piece of property
needed for the Lemay Avenue extension located
on the northeast corner of Lemay and Lincoln.
Consideration: $6,500.
Councilwoman Gray made a motion, seconded by Councilman Wil-
kinson, to adopt and approve items on the Consent Calendar
with the exception of K, L, J2 (a & b). Yeas: Councilmem-
bers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and
Wilkinson and Wilmarth. Nays: None.
THE MOTION CARRIED.
Purchase of Property from John and Dorothy Neutze
for Poudre Trail Svstem Approved
Following is the City Manager's memorandum on this item:
"Agreements of Sale and Purchase:
a. John and Dorothy Neutze for property needed in connection
with the Poudre Trails System. Area of acquisition is
1.75 net acres (excluding river area). Purchase price
negotiated is $5,000 per acre for a total of $9,000. The
Right -of -Way Agent has researched sales in the area and
feels the price is reasonable.
Consideration: $9,000."
Councilman Wilmarth expressed concern regarding what the City
is doing regarding guidelines for values set to purchase pro-
perty and added concern that monies are available for pur-
chases.
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July 17, 1979
Right -of -Way Agent Ron Mills reported on the comparable prices
used in negotiation for this purchase. '
Councilman Wilmarth inquired into the previous discussion regarding
the involvement of the Chamber of Commerce in the Trails System.
City Manager Arnold stated he had not envisioned that the admini-
stration would stop and wait for the Chamber to make the contacts
and try to get a donation.
Councilwoman Reeves made a motion, seconded by Councilman St. Croix,
to approve the purchase from John and Dorothy Neutze for property
needed in connection with Poudre Trails System with the stipulation
that in the future we (City Council) have a running account of
costs for acquisition of the Poudre Trail System as individual
parcels come in. Yeas: Councilmembers Bowling, Gray, Kross,
Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None.
THE MOTION CARRIED
Purchase from Samuel Webster
for Lemay Avenue Extension
Approved
Following is a portion of the City Manager's memorandum on this item: I
"Agreements of Sale and Purchase:
b. The City's first offer was $4300 for 3920 square feet of
industrially zoned land. The counter offer from property
owner's attorney was $9800, including perceived damages
to the residence; with further negotiation, price was
agreed at $6500 for the parcel. The contractor on the
Lemay Avenue extension has received permission to enter
the property in order to keep the project on schedule.".
Councilman Wilmarth inquired into the purchase price
Councilman Wilkinson made a motion, seconded by Councilwoman Gray,
to approve the purchase from Samuel Webster for the Lemay Avenue
Extension. Yeas: Councilmembers Bowling, Gray, Kross, Reeves,
St. Croix and Wilkinson. Nays: None. (Wilmarth abstained.)
THE MOTION CARRIED
Resolution Adopting Rules and Regulations
for Fort Collins/Loveland Airport
Following is the City Manager's memorandum on this item: '
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July 17, 1979
1
"The Council Ad Hoc Committee has reviewed the Rules and
Regulations for the Fort Collins/Loveland Municipal Airport
and recommends their adoption. These Rules and Regulations
are necessary to provide for the safe and efficient management
of airport operations and are similar to those adopted by other
regional airports in the area. Because of the length of the Rules
and Regulations, they will be sent under separate cover prior
to the meeting."
Councilman St. Croix stated he had reviewed the rules and
regulations and requested they be referred back to the ad hoc
committee for revisions.
Councilwoman Gray made a motion, seconded by Councilman Wilkinson,
to table the resolution until the ad hoc committee reviews the
rules and makes a recommendation. Yeas: Councilmembers Bowling,
Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays:
None.
THE MOTION CARRIED
Staff Recommendation for Traffic Signal
Lemay/Pitkin/Lory Approved
Following is the City Manager's memorandum on this item:
"1. TRAFFIC SIGNAL - LEMAY/PITKIN/LORY
The Traffic Division for the last year and one half has
received considerable citizen input regarding the installation
of traffic control devices near the intersection of Pitkin,
Lory, and Lemay. In 1978, CH2M Hill completed a traffic safety
study that showed a pedestrian crossing signal was warranted.
However, after evaluating this crossing signal installation
and past commitments to the surrounding community, the Traffic
Committee.felt the community would be better served by a
semi -activated traffic signal in the vicinity.
In April, the Traffic Division started their installation, the
citizens in this area voiced strong objections, and the work
was stopped. On May 31, a public hearing on this issue was
held and the Traffic Division considered all citizen concerns.
After this hearing, additional data was collected daily traffic
volumes, turning movements, pedestrian counts and accident
records.
Normally, traffic control signals should not be installed unless
they meet one or more of the eight signal warrants as outlined
in the "Manual on Uniform Traffic Control Devices", established
by the U.S. Department of Transportation Fe era Highway
Administration. These warrant considerations are more fully
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July 17, 1979
detailed in the attached report. Of these warrants, the only
warrant partially satisfied is the School Crossing Warrant. '
This warrant is where delay may be considered excessive when
the number of adequate gaps in the traffic stream during the
period when children are using the crossing is less than the
number of minutes in the same period. Other items considered
with the particular Warrant in mitigating the gapping problem
are:
1. The availability of a safe route to school utilizing
existing City traffic control facilities (in -direct,
longer distance to school using existing signals);
2. Removal of parking on Lemay Avenue and installing a painted
two-way left turn lane. This would serve as a shelter area
and provide acceptable gaps in the traffic flow for crossing.
The two-way left turn lane with parking removed would also
serve ingress/egress problem that the Hospital currently
has. This has been discussed with the administrative staff
at the Hospital.
After evaluating all data, the following alternatives are
available:
Alternative I (Approximately $3,000)
a) Remove parking and install two-way left turn lane on I
Lemay Avenue.
b) Install flashing yellow school crossing light at the
existing crosswalk.
c) Install pedestrian crossing signals at Prospect Street
and Lemay Avenue.
Alternative II (approximately $20,000)
Install a semi -actuated traffic signal at the south leg of
Pitkin Street and Lemay Avenue as proposed.
Alternative III (approximately $10,000)
Install a pedestrian actuated traffic signal 150 feet north
of the Pitkin/Lory intersection on Lemay Avenue.
Staff recommends Alternative I above and plans to start the
work immediately with completion before the new school year.
There is money in the Traffic budget for the work.
Background note:
This kind of item normally would not come to Council. Staff '
would analyze and decide what best met technical needs. The
public was much involved and concerned, and as a result staff
changed its plan of attack and we think you should be informed.
It is only "information" for Council."
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July 17, 1979
City Manager Arnold identified the area in question and outlined
the alternatives available.
tThe following persons spoke on this issue:
1. Ms. Tomiko Takeda, 1605 E. Pitkin, requested Council
reconsider priority 1, alternative I.
2. Ms. Lila Vilms, 1500 Patton, expressed concern regarding
safety aspects at the corner of Lory Street and Lemay Avenue,
and Pitkin Street at Lemay Avenue.
3. John David Sullivan, 1320 Lemay, speaking on behalf of the
people living along Lemay Avenue, spoke in support of the
staff recommendation.
4. Jaak Vilms, 1500 Patton, spoke in opposition to the staff
recommendation.
Traffic Engineer Bob Lee spoke to the reasons behind the'
recommendation.
Councilman Wilkinson made a motion, seconded by Councilman
St. Croix to adopt the staff recommendation (Alternative I).
Yeas: Councilmembers Bowling, Reeves, St. Croix and Wilkinson.
Nays: Councilmembers Gray, Kross and Wilmarth.
' THE MOTION CARRIED
Ordinance Adopted on Second Reading
Zoning CSURF Properties
Following is the City Manager's memorandum on this item
"This ordinance passed favorably on first reading at the July 3rd
Council meeting.
This is a City - initiated zoning request for approximately
242.1 acres of land owned by the Colorado State University
Research Foundation.
The properties included within this application are:
1. Hahn Farm at the northeast corner of Shields and Drake,
approximately 153 acres.
2. Bay Farm, an irregular shaped parcel on the south side
of west Prospect between the Colorado and Southern
railroad tracks and Whitcomb Street. This tract also
includes a small wedge-shaped parcel on the east side of
the railroad tracks; approximately 87.6 acres.
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July 17, 1979
3. Bunts Tract, located south of West Prospect and west of '
the C & S railroad tracks; approximately 1.3 acres.
4. Jones Tract, located north of Lake Street, west of the
C & S railroad tracks; approximately .2 acres.
This land was previously annexed to the City but remains unzoned.
During the recent lawsuit it was learned such land was no longer
owned by the State of Colorado and the City would like to place
the unzoned land in T-Transition zone, which will require further
zoning to an appropriate district prior to the issuance of a
building.
At their June 11 meeting, the Planning & Zoning Board voted
unanimously for.approval.
Staff recommends adoption."
Mayor Bowling and Councilman Wilkinson withdrew from discussion
and voting on this issue due to a conflict of interest.
Councilman Wilmarth stated it had come to his attention that
perhaps all of the CSURF property was not included in this zoning
ordinance. City Attorney Liley stated this item had been referred
to the City Engineering and Planning Departments for investigation. '
Chief Planner Curt Smith reported the staff is investigating
this issue and if it is found that parcels belonging to CSURF are
found to be unzoned, an ordinance will be prepared to accomplish
zoning.
Councilwoman Reeves made a motion, seconded by Councilman St. Croix
to adopt Ordinance No. 81, 1979, on second reading. Yeas:
Councilmembers Gray, Peeves, St. Croix and Wilmarth. Nays:
Councilman Kross. (Bowling and Wilkinson out of room.)
THE MOTION CARRIED
Ordinance Adopted on First Reading
Approving an Agreement Placing Limitations
on the Raintree Rezoning
Following is the City Manager's memorandum on this item:
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July 17, 1979
"Council approved (4-2 vote) the Raintree Rezoning at the
July 3rd meeting with the understanding that all uses in the
zone be permitted only as part of a P.U.D.
This agreement provides for this limitation and needs to be
considered prior to final rezoning approval for Raintree
properties, which appears in the next item."
Councilman St. Croix made a motion, seconded by Councilman
Wilkinson to adopt Ordinance No. 85, 1979 on first reading.
Yeas: Councilmembers Bowling, Kross, St. Croix, Wilkinson
and Wilmarth. Nays: Councilmembers Gray and Reeves.
THE MOTION CARRIED.
Ordinance Adopted on Second Reading
Rezoning, Raintree Properties
Followingiis the City Manager's memorandum on this item:
"This ordinance passed favorably on first reading at the July 3rd
Council meeting.
This is a proposal for a rezoning request for a 37.3685 acre parcel
at the Northwest corner of Shields and Drake Streets, south of
Rolland Moore Park.
The zoning breakdown is as follows:
Existing Zonine
R-L:
4.574
acres
R-P:
12.7012
acres
R-M:
8.1561
acres
R-H:
11.9372
acres
B-P:
8.1455
acres
Proposed Zoning
RMP - 30.36 acres
BP - 7.0 acres
(not included in the rezoning)
The subject property was rezoned from R-L to the existing zoning,
in 1966. City Council approved a PUD known as Parkview Estates
PUD in May of 1978 which included 24 acres occupying the R-H,
R-M, and R-L zones. The remaining R-P and B-P were not included
at that time.
This rezoning request to BMP of 30.36 acres if developed to its
maximum density could create 607 residential units of multiple
family areas of medium density with a variety of housing types.
The request for an additional 7.O.acres of B-P is situated
' directly adjacent to the existing 8.1455 acre planned business
area. This total area would then house a "neighborhood/community
office oriented" complex. By increasing the B-P acreage the
developer is not so limited in design alternatives, and this would
allow a better planned commercial center.
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July 17, 1979
Planning staff recommended to the Planning and Zoning Board
approval conditional upon all uses being permitted only as
part of a P.U.D. The agreement in the preceding item addresses
this understanding. On June 11, the Planning and Zoning Board
approved the rezoning for the following reasons:
2
3
That the necessary utilities and public services are
available to service the proposed uses;
That the enlarged B-P area
bility leading to superior
size" commercial center;
would provide more flexi-
site design of a "community -
That the petition is in accordance with the City's
"Goals and Objectives".
Staff recommends adoption."
Councilman Wilkinson made a motion, seconded by Councilman
St. Croix to adopt Ordinance No. 75, 1979, on second reading.
Yeas: Councilmembers Bowling, Kross, St. Croix, Wilkinson
and Wilmarth. Nays: Councilmembers Gray and Reeves.
THE MOTION CARRIED.
Ordinance Adopted Repealing Article V,
Chapter 2, of the Code Relating to the
Regional Airport Board
Following is the City Manager's memorandum onthis item:
"This Ordinance passed unanimously on first reading at the July
3rd Council meeting.
For a number of years, the Cities of. Fort Collins and Loveland
have operated the Fort Collins -Loveland Regional Airport through
a 7-member Volunteer Airport Board.
An ad -hoc committee which was set up earlier this year, made up
of two members each from the'Cities of Fort Collins and Loveland,
recommends that the Airport Board be dissolved. They feel the
Board has fully served its purpose and feel that the increasing
complexity of the Airport operations have necessitated more
immediate day-to-day control of the Airport activities. With
the dissolution of the Airport Board, John Hurt, Airport Manager,
will report directly to the Fort Collins and Loveland City
Managers, and the ad -hoc committee will be advisory to the
City Manager."
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July 17, 1979
Councilwoman Gray made a motion, seconded by Councilman Wilkinson
to adopt Ordinance No. 74, 1979 on second reading. Yeas:
' Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson
and Wilmarth. Nays: None.
THE MOTION CARRIED
Ordinance Adopted on First Reading
Vacating a Utility Easement in Bankcenter
Square., First Filing
Following is the City Manager's memorandum on this item:
"This Ordinance provides for the vacation,of a utility easement
located in Bankcenter Square, First Filing, on part of Lot 3.
This easement is no longer needed for any municipal purpose now
or in the future.
Staff recommends approval of this Ordinance."
Mayor Bowling and Councilman Wilkinson withdrew from consideration
and voting, on this item.
1 Mr. Earl Wilkinson verbally identified the area in question.
Councilman St. Croix made a motion, seconded by Councilwoman
Reeves to adopt Ordinance No. 86, 1979 on first reading.
Yeas: Councilmembers Gray, Kross, Reeves, St. Croix and Wilmarth.
Nays: None. (Bowling and Wilkinson did not vote on this issue.)
THE MOTION CARRIED.
Ordinance Referred Back to Staff on First Reading
Vacating a Right -of -Way Dedicated on the
Plat of Village West, Eighth Filing
Following is the City Manager's memorandum on this item:
"This Ordinance provides for the vacation of a right-of-way
between Lots 17 and 18 on the,Plat of Village West Eighth
Filing, which connects Freedom Lane to Tract A.
Owners of the immediately adjoining property have petitioned
Council for this vacation. All other adjoining property owners
who might have potential use of this right-of-way have been
notified of this petition."
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July 17, 1979
Chief Planner, Curt Smith, stated the initial purpose of the I
easement was to provide public access. When the project was
approved the easement was not out to the street and therefore
goes to private property.
1. Mr. Bob Keller, 1330 Woodcrest Court, spoke in opposition
to this vacation, gave an oral history of events regarding
this easement.
2. An unidentified property owner of the area spoke to the
need to encourage foot and bike traffic rather than cars.
3. Mr. Larry Cline, property owner abutting the easement,
spoke in favor of the vacation.
4. John McGraw, Community Services Director, speaking on behalf
of the homeowner's association, stated the Board had voted
to support the vacation and added they would not be interested
in granting further right-of-way.
Councilwoman Gray made a motion, seconded by Councilman Wilkinson,
to adopt Ordinance No. 87, 1979 on first reading.
Councilman Wilmarth made a motion, seconded by Councilman
St. Croix to table this (ordinance) for a month to find out '
whether the homeowner's association will or will not cooperate
in some way to access. Yeas: Councilmembers St. Croix and
Wilmarth. Nays: Councilmembers Bowling, Gray, Kross, Reeves
and Wilkinson.
Mayor Bowling declared the motion had failed.
Mayor Bowling put the main motion with the following vote:
Yeas: Councilmembers Bowling, Gray and Reeves. Nays: Council -
members Kross, St. Croix, Wilkinson and Wilmarth.
THE MOTION FAILED
Councilman St. Croix made a motion, seconded by Councilman Wilkinson
to refer this ordinance back to staff for further negotiation on
the access. Yeas: Councilmembers Bowling, Gray, Kross, Reeves,
St. Croix, Wilkinson and Wilmarth. Nays: None.
THE MOTION CARRIED
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July 17, 1979
Ordinance Adopted As Amended on First
Reading Relating to Tree Assessments
Following is the City Manager's memorandum on this item:
"Council considered this ordinance on first reading on June 26th
and tabled it to this.meeting requesting a.report from staff on
our tree removal procedures. Attached are reports from Tim
Buchanan.
Also noted at the meeting was
1. That an appeal to an assessment may be made to the Parks
and Recreation Board, and
2. If the owner decides to do the work.himself, they may call
484-4220 ext. 215 for advice.
We are changingthe notices to include this information to
strengthen our procedures as suggested by Council.
Moreover, since the June 26th meeting, Mary Gore originally was
included to be assessed has made arrangements to pay for the
charge and has been removed from the ordinance.
Staff recommends approval."
Council requested that all levels of notification, the property
owners involved,be notified of the right of appeal..
Councilman Wilkinson made a motion, seconded by Councilman
St. Croix to adopt Ordinance No. 73, 1979 on first reading.
Yeas: Councilmembers Bowling, St. Croix and Wilkinson. Nays:
Councilmembers Gray, Kross, Reeves and Wilmarth.
THE MOTION WAS DEFEATED.
Councilwoman Gray made a motion, seconded by Councilman Kross, to
direct the administration to bring back a new ordinance which
allows for the City to bear (50%)fifty percent of the cost of
Dutch Elm disease tree removal off public right-of-way.
Councilman Wilmarth made a motion to table this ordinance.
Hearing no second to the motion, Mayor Bowling declared the
motion dead and put the previous motion with the following vote:
Yeas: Councilmembers Gray, Kross and Reeves. Nays: Council -
members Bowling, St. Croix, Wilkinson and Wilmarth.
THE MOTION FAILED.
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July 17, 1979
Councilwoman Reeves made a motion, seconded by Conncilman
Kross, to adopt Ordinance No. 73, 1979, on first reading with
the assessment in the current ordinance being amended to re-
flect one-half the cost. Yeas: Councilmembers Gray, Kross,
Reeves, St. Croix, and Wilmarth. Nays: Councilmembers Bowl-
ing and Wilkinson.
THE MOTION CARRIED.
Ordinance Adopted as Amended on First Reading
Creating and Organizing Street Improvement District
No. 74, Also Known as Consolidated Street Improvement
District No. 74
Following is the City Manager's memorandum on this item:
"This is the ordinance which would officially establish S.I.D.
#74. Originally the intention was to include specified portions
of Mulberry and Drake. At this point we want to separate the
two areas because of notification problems with the Drake
Road portion and immediately proceed to construct the more
critical Mulberry Street improvements. We do intend, however,
to establish a district for the Drake Road improvements in
order that construction begin in the spring of 1980.
The contract for the Mulberry improvements is scheduled to be '
awarded August 21, 1979; construction could begin about Septem-
ber 1, 1979, if right of way acquisition is complete, and the
majority of the work could be completed by late fall, depending
upon weather considerations. With any difficulties in right
of way acquisition, however, the project could be delayed and
completion of construction would be delayed until spring of
1980. The staff is making contacts with property owners now,
and will be able to present a schedule on Tuesday.
This is the official hearing date for the creation of S.I.D. #74
and Council should consider all written objections which have
been filed with the City Clerk prior to the hearing. The Coun-
cil has the authority to exclude portions of the improvements
and to except particular properties from assessments or lower
the amount of assessment against any particular property. The
property of Mrs. Lillian Hamilton at the southeast corner of
Taft Hill and Mulberry has been previously assessed twice.
Staff suggests Council consider an adjustment to her assessment
in consideration of previous assessments."
City Attorney Liley reported a formal written protest had been
received from Attorney Ralph Harden, on behalf of the Foothills
Unitarian Church, however, that portion has been deleted from
this ordinance. This will be kept on file. '
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July 17, 1979
On the Ordinance, itself, City Attorney Liley stated an
' amendment was needed to change the figure of $351,642 to
$324,942.
Councilwoman Gray made a motion, seconded by Councilman St.
Croix, to amend the ordinance by substituting the figure of
$324,942 for $351,642. Yeas: Councilmembers Bowling, Gray,
Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays:
None.
THE MOTION CARRIED.
City Manager Arnold stated there was a letter from Twin
Spruce Farms, signed by Jess Fults, and Council has received
copies.
City Engineer, Donald Parsons, identified the improvements
to be made to accomodate four lanes of traffic, an on street .
bikeway, street lights, storm drainage improvements and a
traffic signal at Taft Hill and Mulberry.
The following persons spoke to this ordinance:
1. Don Chesnut, 2310 W. Mulberry, inquired into the right-of-
way for the improvements.
2. Rick Fletcher, 2025 West Mulberry, spoke to the financial
circumstances of the elderly and those on fixed incomes
along Mulberry and the loss of parking in front of homes.
3. Kathleen Baltz, 2416 West Mulberry, spoke in opposition
to the assessment.
4. Floyd Spelts, 517 Louise Ln., stated this improvement
should be paid for by the City at large, rather than being
assessed against the property owners.
5. Ms. Lillian Hamilton, 2035 West Mulberry spoke to the hard-
ships imposed on her,. by a triple assessment on this property.
6. Ray Pilkington, 2404 West Mulberry, spoke in opposition to
a four lane street plus two bike lanes in this area, due to
safety considerations.
7. Lloyd Baltz, 2416 West Mulberry, spoke in opposition to
elimination of parking on the street.
8. Elizabeth Wolf, 2301 West Mulberry, spoke to the increased
traffic in the area of the park.
` -550-
July 17, 1979
9. Dorothy Johnson, 2225 W. Mulberry, inquired into the
easement question.
Councilmembers inquired into alternate methods of financing '
rather than the improvement district method; and others spoke
to the need for the improvements.
Councilwoman Gray made a motion, seconded by Councilman St.
Croix, to adopt Ordinance No. 88, 1979, on first reading.
Yeas: Councilmembers Bowling, Gray, Reeves, St. Croix and
Wilkinson. Nays: Councilmembers Kross and Wilmarth.
THE 14OTION CARRIED.
Extension of Engineering Services
Contract for Joe Wright Reservoir Approved
Following is the City Manager's memorandum on this item:
"In 1977, the City contracted with McCall -Ellingson & Morrill
for General Engineering Administration ($60,000) and Resident
Engineering and Inspection ($378,000 with a range of $253,000
to $450,000 depending on job site conditions) at Joe Wright
Reservoir over a two-year construction period.
The contractor was held liable for costs incurred beyond a
'
two-year construction period. However in October of 1978,
the rim slide occurred which has precluded our holding the
contractor to the schedule. This in turn makes it necessary
to extend our Engineering Services contract with McCall -Elling-
son & Morrill, Inc., a minimum of one additional year for at
least a 50% overrun in Engineering costs. They have requested
increased amounts for General Engineering Administration of
$30,000 and $284,000 for Resident Engineering Services. These
increased amounts can be authorized and still keep the pro-
ject within the original $7,794,000 budget.
We will soon be finalizing a change order to cover the in-
creased construction costs in building the dam caused by the
necessary change in location of source material caused by the
slide. This change order will most likely put the project
over budget and we will be bringing that change order -and
authorization for request of additional funding to the City
Council soon.
We have authorized remedial work on the slide while still re-
maining within the original budgeted amounts.
Claims for extra work on the part of the contractor remain I
unresolved. We expect to bring a complete project cost update
to City Council soon.
-551-
July 17, 1979
Staff recommends extending the Engineering Services Contract
on Joe Wright for 15 months until July of 1980 for a total
' increased amount of $314,000.
Project engineers will be at the Council meeting to answer
any questions."
Public Works Director, Roger Krempel, and Mr. Lyman R. Flook,
Jr., of McCall -Ellingson & Morrill, responded to Council in-
quiries regarding the project.
Councilman Wilkinson made a motion, seconded by Councilwoman
Gray, to approve the extension of Engineering services con-
tract for Joe Wright Reservior. Yeas: Councilmembers Bowl-
ing, Gray, Kross, Reeves, Wilkinson and Wilmarth. Nays:
Councilmember St. Croix.
THE MOTION CARRIED.
Four Seasons P.U.D., No. 1
Preliminary Approved
Following is the City Manager's memorandum on this item:
"This is a preliminary proposal for a 75-unit PUD, located
' in the M-2 area of Chism Homes PUD, Master Plan generally
located at Horsetooth Road and Shields Street. The applicant
is Chism Homes.
The PUD is 10 acres, 59% in open space, 16% in parking and
driveways, and 25% in building coverage with 7.5 units per
acre, and is consistent with the Four Seasons Master Plan.
The project is to be built in three phases, Phase I and II
to include 35 patio homes and Phase III to include 40 town-
houses.
The Planning staff recommended approval to the Planning and
Zoning Board.
At their June 18 meeting, the Planning and Zoning Board recom-
mended approval subject to a series of minor conditions ad-
dressed by Planning staff.
The applicant has submitted a letter agreeing to all conditions
and there are no unresolved issues.
Staff recommends approval."
-552-
July 17, 1979
City Manager Arnold reported that he wanted to identify the
street oversizing cost when finally built out on this plan.
They would be $27,958, under the existing policies. '
Chief Planner, Curt Smith, identified the area in question,
and addressed the recommendation for approval.
City Attorney Liley reported that under the plan on oversizing
costs, to be presented later this evening the cost would
be tied to a building permit.
Councilman Wilkinson made a motion, seconded by Councilwoman
Reeves, to approve the Four Seasons P.U.D. No. 1, Preliminary
Plan. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St.
Croix, Wilkinson and Wilmarth. Nays: None.
THE MOTION CARRIED.
Overland Trail Farm, 2nd Filing,
Preliminary Approved
Following is the City Manager's memorandum on this item:
"This preliminary proposal is for six lots 1.47 acres located
east of Overland Trail, south of Pleasant Valley Road and west
of Touchdown Drive, zoned R-L. '
The Planning staff recommended conditional approval to the Plan-
ning and Zoning Board.
At their June 18, 1979 meeting the Planning and.Zoning Board
recommended approval subject to the following conditions:
1. That a suitable street name be selected;
2. That the developer share in the cost.of improv-
ing Overland Trail to arterial standards;
3. That a visual 'barrier be provided at the end of
the cul-de-sac;
4. That the developer provide a pedestrian access
easement, improved with sidewalks, from the
cul-de-sac to Overland Trail.
The petitioner understands and has submitted a letter agreeing
to these conditions. There are no unresolved issues and staff
recommends approval."
City Manager Arnold reported the oversizing cost on this pro-
ject would be $7,002.00.
Councilwoman Gray made a motion, seconded by Councilman St. '
Croix, to approve the Overland Trail Farm, 2nd Filing, Pre-
liminary Plan. Yeas: Councilmembers Bowling, Gray, Kross,
Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None.
THE MOTION CARRIED.
-553-
July 17, 1979.
Citizen Participation
' (A). Mayor Bowling congratulated Councilwoman Reeves on her
appointment to the Land Use Commission.
(B). Mayor Bowling presented the following plaque to Director
of Utilities, Stan Case.
"The City of Fort Collins joins the American
Public Power Association in presenting to you
a distinguished service award in recognition of
your exemplary contribution to better Electric
Utility Service, Municipal Government and the
welfare of the Fort Collins community."
(C). Request by Petition for Transfort Service to Foothills
Square Shopping Center.
The following persons spoke to this request:
1. Steve Watson, Promotion Manager of the Square,
who presented a petition containing 240 names
requesting that Transfort stop on a regular
basis at the Square.
2. Ms. Shirley Stouffer, 1313 Parkwood Drive, and Robin
' Le Blanc, owner of Delfannies.
3. Mr. Eugene Mitchell, Developer of the Square.
City Council referred this matter to the administration.
(D). Mr. Clark Shivley, 616 Columbia, spoke to the needs of
the soccer players. He read a letter from John Jamison
at length:
Dear Members:
The Fort Collins Soccer Club is concerned with meet-
ing the needs of our City's growing population in the
area.of recreation, but we are faced with the dilemma of
no fields for soccer. Last year over 1200 students were
involved in soccer either with Parks and Recreation or
with our Soccer Club. For the first time the Soccer Club
hopes to offer fall season for all ages.
We would like to request that the City Council con-
sider the following for an immediate solution to the needs
of soccer in our city:
1. Permit use of Warren Shores Park for three junior
' fields that the Fort Collins Soccer Club would be
willing to help with field preparation.
-554-
July 17, 1979
2. velp arrange yhroucl: Po_u re A_ School District the use of the I
outlying area of Boltz Ji.uu.or High fur :"our soccer fiel s,
3. Accept the finds from t �oTt Colliers Suocer r1tLb for ga_-r_.ase
of goal poats at then . n vrly-rrc¢iee' fie
The enclosed list of ?a0 '1 i1'9 `: t- li:is lE:tteT t0 7e LTeS A
City Manager Arnold responded to the points in the letter
as reported by Parks and Recreation Director, H.R. Phillips.
The staff will work with this group along with the Parks and
Recreation Board.
1978 Audit Management Letter '
Set for Future Work Session
Following is the City Manager's memorandum on this item:
"The independent auditors hired by the City annually prepare
letters advising Council and staff of improvements the auditors
judge are needed to better manage City finances. One of those
letters is a Council Management Letter that addresses the im-
portant items of concern from a policy standpoint. The other
is a City Manager Management letter that addresses admini-
strative and detail concerns.
Staff responds typically to each with copies to the City Coun-
cil. Those letters and responses are attached. Representa-
tives from Kruchten will be present to discuss the letters."
Mr. Alvin Kruchten, inquired if there were questions regarding
the Council letter.
Councilmembers indicated that they would prefer to schedule
this item for a future work session for extended discussion.
Mayor Bowling stated this would be scheduled for an early work
session in August.
-555-
July 17, 1979
Street Oversizing Referred to
a Work Session
' Following is the City Manager's memorandum on this item:
"Staff is developing a street over -sizing fee to cover our
costs of arterial and collector streets in new developments.
The fee concept will work like the Plant Investment Fee of
Water and Sewer Utility, and like the Parkland Fund Fee. It
is consistent with the philosophy that growth should pay its
own way.
The fee structure needs to be set by ordinance. We will be
bringing to Council details of such a structure and an ordi-
nance at Tuesday's meeting. The concept is well developed,
but we need that time to prepare the documents."
Councilmembers again requested this item be scheduled for a
future work session.
Resolution Adopted Appointing Members to the
City Boards and Commissions
Following is the City Manager's memorandum on this item:
' "On July 10 Council appointed members to the City Boards &
Commissions to fill existing, vacancies.
Two of the vacancies remained open after the meeting:
1. One vacancy on the Cultural Resources Board which
Council requested be made by the Lincoln Center
Guild. The Guild has appointed Michael L. Griffith
to fill this position.
2. One vacancy on the Planning & Zoning Board where.
a tie vote of 3-3 occurred for Robert. Burnham and
Mabel Preble.
In other actions, the Retirement Committee vacancy was pulled
from appointments in order to allow re -advertising among City
employees for interested applicants; and the Urban Renewal
Authority was dissolved.
Council needs to reconsider the tie -vote and appoint an addi-
tional member to the Planning & Zoning Board."
Cultural Affairs Director, Ellen Thexton, reported that the
Guild has recommended the appointment of Michael L. Griffith
to fill a vacancy on the Cultural Resources Board. This
' was done via a telephone poll. A formal letter will follow.
-556-
July 17, 1979
Councilwoman Gray made a motion, seconded by Councilwoman
Reeves, to appoint Michael L. Griffith to the Cultural
Resources Board. Yeas: Councilmembers Bowling, Gray, I
Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays:
None.
THE MOTION CARRIED.
Mayor Bowling then called for nominations for a vacancy on the
Planning and Zoning Board.
The following names were placed in nomination:
1. Mabel Preble
2. Paul Eckman
Mayor Bowling then called for a vote of the Council with the
following vote:
Mabel Preble - Councilmembers Gray and Reeves.
Paul Eckman - Councilmembers Bowling, Kross, St. Croix, Wil-
kinson and Wilmarth.
Councilman Wilkinson made a motion, seconded by Councilwoman
Gray, to adopt the resolution as completed. Yeas: Council -
members Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson '
and Wilmarth. Nays: None.
THE MOTION CARRIED.
Sole Source Purchase of Microfloc Filter Media
Following is the City Manager's memorandum on this item:
"Section 2-59 of the Code states that any sole source purchase
over $10,000 must be approved by the City Council.
Request is made to purchase water filter media from Water
Control Corporation for a total price of $52,400. This filter
media is to be used for the Water Treatment Plant No. 2, 10 MGD
Expansion. During the preliminary bidding process for the
plant expansion, it became evident that the filter media should
be taken out of the contract and bid separately in order to ob-
tain more competitive bids on some of the other filter equip-
ment.
This filter media is a special media and is manufactured by
only one supplier, Neptune Microfloc Corporation, whose Colo-
rado representative is Water Control Corporation. Attached '
is a letter from CH2M Hill confirming a sole supplier. This
type of media was selected early in the design because it al-
lows high hydraulic loadings and produces a high quality efflu-
ent.
-557-
July 17, 1979
The cost of this media is covered in the original budgeting
for the plant expansion."
' Councilwoman Gray made a motion, seconded by Councilman Wil-
kinson, to approve the Sole Source Purchase. Yeas: Coun-
cilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkin-
son and Wilmarth. Nays: None.
THE MOTION CARRIED.
College Avenue Median Bid Approved
Following is the City Manager's memorandum on this item:
"Council authorized and budgeted for median improvements along
College. 4-6 medians were discussed, depending on bids com-
pared to the budget. A patterned concrete with shubbery was
desired.
Several bidders were contacted and asked to submit bids.
Partly because of work loads and partly because its a special-
ty, only one bid was received. That bid was Patterned Con-
crete of Colorado, Inc., out of Englewood.
We budgeted $50,000 for the medians and 4 medians would cost
$59,032. These four are:
1. Plum Street to Locust
2. Locust Street to Elizabeth
3. Elizabeth Street to Edwards
4. Lake Street to Prospect
We will need to transfer $9,032 from the Rolland Moore Park
budget this year. The transfer will not harm the work to
be done at Rolland Moore. Some site work and utilities were
budgeted this year, but will not be able to be done because
of other priorities and our work load."
City Manager Arnold stated the agenda indicated the Sole
Source bidder was Randal and Blake and it should read Patterned
Concrete of Colorado, Inc., which is the only bidder.
Acting Purchasing Agent, Opal Dick, and Parks and Recreation
Director, H.R. Phillips, responded to Council inquiries re-
garding the reasons attributed to only the one bid.
Councilwoman Gray made a motion, seconded by Councilwoman
Reeves, to award the bid to Patterned Concrete of Colorado,
Inc., in the amount of $59,032. Yeas: Councilmembers Bowling,
■ Gray, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: Coun-
cilman Kross.
THE MOTION CARRIED.
-558-
July 17, 1979
Report on Spring Creek Drainage
Referred to Work Session
Following is the City Manager's memorandum on this item: '
"Council asked for a report on the Final Spring Creek Drainage
Study schedule. There was concern that 18 months was too long.
Even though we scheduled a further discussion for an upcoming
work session, we wanted to report on the schedule.
We have reviewed the schedule and work program in detail and
have prepared the attached report as a summary.
Council may want to authorize an expedited schedule."
City Manager Arnold stated he would like to schedule this
for a future work session.
Seven -Year Capital Budget
Following is the City Manager's memorandum on this time and
a memorandum from July 16, 1979:
"Council approved at its last two regular meetings, changes to
the Seven -Year Capital Program. These were additions to the
City Hall project ($227,100) and Street Over -sizing ($333,283). '
Further Action is needed to finalize the total budget. The
decisions still pending action include:
1. Lincoln Community Center
The budgeted final figures for the LCC
total $3,031,708, This includes all pro.-
ject costs to date and a $10,000 contingency
for any unknown liabilities. We also need
to address the additional operating sub-
sidy of $123,765 that the LCC will need in
1979. The time has come to recognize the
operating expenditures of the seven-year
capital projects which the general fund
can't handle.
2. Streets
We've identified a street over -sizing un-
funded liability of about $975,000. With
last week's approval of $333,283 to pay
pending bills, we recommend that future
payments for street oversizing be financed '
through the street investment fee concept.
With the implementation of these recommendations the seven-
year program budget would be as follows:
-559-
July 17, 1979
TOTAL ESTIMATED INCOME: $19,813,899
TOTAL ESTIMATED EXPENDIURES
Project
Cost
Lincoln Community Center
$ 3,031,708
New Municipal building
2,531,871
Long Range Plan
62,892
Historic Facilities
167,978
Downtown Redevelopment
752,785
Library (2)
1,946,861
Fire Station T2 - Design
7,904
Fire Station -3 - Desion
1,611
Fire Station Training
Center Design
2,344
Fire Station - Residential
178,245
Lincoln Junior Hiah
Parkinq Lot/Misc. Equipment
368,818
Indoor Pool & Ice Rink
232,660
Recreation Center
459,256
Open Space/Trail System
2,350,000
Storm Drainage Projects
2,000,000
Transportation Study
26,555
Street Improvements
3,456,964
Museum
309,606
Andersonville Sewer
72,297
Audit of Seven Yr. Capital
22,300
SUB TOTAL
$17,982,655
S1Mom
July 17, 1979
Projects
TRANSFERS TO OTHER FUNDS
Transportation Sys. Subsidy
General Fund for Administration
Parkland Acquisition Fund
LCC Operating Subsidy
Council Reserve
TOTAL TRANSFERS..
GRAND TOTAL
Cost
$ 796,784
459,581
175,000
123,765
276,114
1,831,244
19,813,899
We discuss our financial needs and solutions in pieces and occa-
sionally forget to keep all the pieces together. Partly that's
because some of the pieces are in rougher shape than others and
partly because there are so many pieces.
Let me review for you some of our needs. This is not new in-
formation, but needs re-emphasizing now.
Revenues
A 12 month extension of the sales tax would generate $4,565,000
while a 21 month extension would generate $8,600,000. The'12
month extension would go to April 1981 and the 21 month would go
through Dacember 1981.
Needs
We are following a course of reducing our Payments In Lieu of Taxes
(PILOT's) from the electric, water, and sewer utilities that will
cost the General Fund budget $475,000 in 1980 and in 1981.
$ 950,000
Our state -required funding of pension liability will cost $290,000 in
1980 and 1981.
$ ' 580,000
The 7 Year Capital service expansion costs will take from some source
$610,000 and $670,00 in those two budgets.
1
_ _$ 1;280,000 t
To continue to operate Transfort at the minimal levels of the
Present will require $200,000 each year.
-561-
$ 400,000
July 17, 1979
We need to maintain our streets better to protect that valuable
investment. The level of maintenance we consider essential will
cost $300,000 and $400,000 in 1980 and 1981.
$ 700,000
We have 23 street.,projects that we feel are needed. These would
total $18.9 million. The top 6 projects on our priority list would
cost almost $2 million.
$ 1,965,000
Traffic signal improvements are needed to move people conveniently
and to minimize fuel consumption. The projects for the next 2 years
would cost $175,000 and $150,000.
$ 325,000
Other Needs & Desires
There are many other projects and activities we value and want for our
quality of life. These include:
Bike Paths
Open Space & Trails
Community Parks
' Pool and Ice Rink
Storm Drainage
With the 21 month program there would be $2.4 million available for these
programs. With the 12 month program, we would be short $1.6 million.
Operation and Maintenance Costs
Before proceeding to construct new facilites, before expanding services
or programs, and before committing to new projects, we must understand
the total operational costs, build those costs into the budget, and pro-
vide thereby for the long term financing of those costs.
The Operating Budget
We need to provide sound financing for city government. That does not
mean necessarily enough money for everything; but it does mean funding the
important things completely and well. It does mean funding first
things first. And it does mean meeting the hard decisions on
revenues head on.
We cannot long trade the need for police officers,off, against the
' need for street maintenance. We need both.
We cannot either trade off the need for those basic services against
the desire for enhancements. We fund both or we chooser
The 1980 budget will bring these issues -.to the desks of the Council.
-562-
July 17, 1979
City Manager Arnold reviewed the points of the these memo-
randums, and responded to Council inquiries regarding the two
reports. '
The following persons spoke to this issue:
1. Attorney Bill Wyatt requested clarification on the fate
of the ice rink and swimming pool.
2. Mr. Robert Finley, 1106 Baker Street, requested the City
Manager outline the changes in the budget and addressed
the needs of the skaters.
3. Attorney Bill Wyatt requested guidance on how they (The
Tiderlders Swim Team) can work with the Steering Committee
of DT .
4. Mr. John Meadows inquired into the projected starting date
and completion date of the swimming pool and ice rink.
5. George Angleton, 521 Cornell, spoke to the extension of the
sales tax to be used for Capital Improvements only.
At this time Mayor Bowling recognized Mr. Maurie Nelson of the
DT2 Steering Committee, and inquired if the Committee had a
recommendation, regarding the extension of the sales tax.
Mr. Nelson read the following resolution at length: '
RESOLUTION
WHEREAS, the City of Fort Collins has heavy financial require-
ments for maintenance costs on the Library and other new facilities,
for maintenance and the subsidy to TRANSFORT, and for other items
related to the Capital Improvements Program, together with additional
expenses, some of which are mandated by new state laws, and to avoid
an increase in real estate or other taxes,
1
-563
F�
July 17, 1979
NOW THEREFORE, BE IT RESOLVED:
1. That the City Council of Fort Collins by ordinance extend
the 18 capital improvements sales tax until December 31, 1981.
2. That there be,a vote of the people in ITril of 1981 to
consider the question of extension of the 18 capital improvements sales
tax beyond 1981
0
3. That a detailed statement supporting and expanding upon
the above recommendations, and making suggestions for a citizens.group
.to study long-range capital and financial planning for the City, will
be delivered to the City Council before October 1, 1979.
The above Resolution was adopted by the Steering Committee of
Designing Tomorrow Today on the llth day of July, 1979.
Karl E. Carson, Co -Chairman
Maurice O. Nelson, Co -Chairman
Dr. Karl Carson, Co -Chairman of the Steering Committee, reported
the committee envisioned that Council would take action to
extend the sales tax for the purpose of preparing the budget
for 1980.
Mr. Bill Herr, 608 Park, Vice President for intercollegiate
and community affairs at Colorado State University, reported
that the students paid $1.00 per student per semester for
Transfort; in order for student fees to be increased in this
nature, it has to be voted on by the students at registration.
He did speak in favor of the sales tax extension.
Mr. H.L. Krug, 2209 Vassar, stated he did not feel sales tax
should be used for operation and maintenance.
-564-
July 17, 1979
Mr. Wayne Ude, 931 Vanderbilt Court, spoke in opposition to
the sales tax which did not go to a vote, adding he would
participate in a citizen initiative to put the sales tax on '
the ballot. He further stated that operation and maintenance
should not be charged to a Capital Improvements Program.
City Manager Arnold stated three decisions need to be made:
(1) to adopt the revised 1979 Budget for the Seven Year
Capital Improvements Program, (2) the extension on the sales
tax, and (3) Council needs to direct the administration on
the Pool and Ice Rink.
Councilman St. Croix made a motion, seconded by Councilman
Wilkinson, to approve the revised 1979 budget for the Seven
year Capital Improvements Program. Yeas: Councilmembers
Bowling, Gray, Reeves, St. Croix and Wilkinson. Nays: Coun-
cilmembers Kross and Wilmarth.
THE MOTION CARRIED.
Councilman Wilkinson made a motion, seconded by Councilwoman
Gray, to direct the staff to prepare an ordinance extending
the sales tax with the inclusion of provision for completion
of the Pool and Ice Rink. Yeas: Councilmembers Bowling,
Gray, Kross, St. Croix and Wilkinson. Nays: Councilmembers
Reeves and Wilmarth.
THE MOTION CARRIED. '
This Ordinance will be brought back at the adjourned meeting
of the City Council on July 24, 1979.
Ordinance Adopted as Amended Approving
an Agreement Placing Limitations on the
Prospect-Lemay Office Park Rezoning
Following is the City Manager's memorandum on this item:
"Council approved the Prospect-Lemay Office Park Rezoning
from R-L to R-H at the July 3rd meeting with the understanding
that all uses in the zone be permitted only as part of a
P.U.D.
This agreement provides for this limitation and provides fur-
ther that only the following uses of those allowed in the
R-H zone will be permitted on the property:
1. Medical and dental clinics, and
2. Professional office uses as defined in the City Code
This ordinance needs to be considered prior to final rezoning '
approval for the Prospect-Lemay Office Park property in the
next item."
-565-
July 17, 1979
City Manager Arnold reported this plan has no oversizing
cost. Chief Planner, Curt Smith, reviewed the proposal.
' Attorney Arthur March, Jr., representing the owners of the
residential property of the surrounding area, again stated
the property owners were opposed to a straight out rezoning,
but with the additional provisions, and the contract on
zoning restrictions and the provisions on the P.U.D. and
the final plan going back to the Planning and Zoning Board,
they are in concurrence.
He requested the contract be amended to include a require-
ment that this plan be developed as a P.U.D.
City Attorney Liley stated the administration would like to
amend the agreement on page 2 by adding a paragraph "C" to
read "The owners understand and agree that the subject pro-
perty shall be developed only as a Planned Unit Development
as that term is defined in the code of the City of Fort
Collins".
Mayor Bowling stated the Council will accept this as an amend-
ment.
Councilman Wilkinson made a motion, seconded by Councilman
Kross, to adopt Ordinance No. 89, 1979, on first reading.
' Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix,
Wilkinson and Wilmarth. Nays: None.
THE MOTION CARRIED.
Ordinance Adopted on Second Reading
Known as the Prospect-Lemay Office Park Rezoning
Following is the City Manager's memorandum on this item
"This ordinance passed unanimously on first reading at the
July 3rd Council meeting.
This is a proposal to rezone 3.88 acres from R-L to R-H, lo-
cated on the northeast corner of Prospect Street and Lemay
Avenue. The applicant proposes to develop the property as a
P.U.D. for a medical office and professional office complex.
Planning staff recommended approval of this request to the
Planning and Zoning Board subject to the following conditions:
1. . That only medical and dental clinics and office uses be
permitted on this parcel.
2. That any development be subject to a planned unit develop-
ment application and review process of the City of Fort
Collins.
Q•Y.�
July 17, 1979
3. That the applicant record these restrictions with the
County and submit proof of recording to the Planning
Department.
At their June 18 Planning and Zoning meeting, the Planning
and Zoning, Board held a public hearing and there was neigh-
borhood opposition and support present. The Planning and
Zoning Board unanimously recommended approval with the under-
standing that all uses in zone be permitted only as a part
of a P.U.D. The agreement in the preceding item addresses
this understanding.
Staff recommends adoption."
Councilwoman Reeves made a motion, seconded by Councilman
Wilkinson, to adopt Ordinance No. 80, 1979, on second read-
ing. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St.
Croix, Wilkinson and Wilmarth. Nays: None.
THE MOTION CARRIED.
Prospect-Lemay Office Park,
Preliminary P.U.D. Approved
Following is the.City Manager's memorandum on this item:
"This is a preliminary proposal for an office park P.U.D.
3.88 zoned R-L, and a parking variance
'
on acres currently
with a concurrent rezoning request for R-H, located at the
northeast corner of Prospect and Lemay. The applicant's
representative is Les Kaplan.
This P.U.D. consists of a medical office and office complex.
The land use breakdown is as follows:
Total land area - - - - - - - - - 169,057 sq. ft. - 3.881 acre
Total floor area - - - - - - - - 34,560 sq. ft.
Total building footprint - - - - 25,344 sq. ft. - 14.99%
Total parking & drive area - - - 65,440 sq. ft. - 38.72%
Total open area & landscaped area 78,272 sq. ft. - 46.29%
Total parking spaces - - - - - - 173 spaces
The major issue considered by the Planning and Zoning Board
was parking. Parking is provided in two separate parking
lots, one with 87 spaces and one with 86 spaces for a total
of 173 spaces. The R-H district requires one space per 150
'
-567-
July 17, 1979
square feet of floor area or 230 parking spaces for this
site. So the proposal doesn't conform. However, staff re-
commended a compromise variance that would require one space
for 175 square feet. The Planning & Zoning Board concurred
with the petitioners request of one space for 200 square feet.
At their June 18 meeting, the Board held a public hearing on
this P.U.D. and there was neighborhood opposition present.
The Board unanimously recommended approval of both the P.U.D.
request and the parking variance, subject to conditions noted
on page 1 (a) of the planning memo.
The applicant has submitted a letter addressing all the condi-
tions. There are no unresolved issues. Staff recommends
approval."
Attorney Arthur March, Jr. again requested this item again
go back to the Planning and Zoning Board as a final, prior
to it coming to the City Council.
Councilwoman Gray made a motion, seconded by Councilman Wil-
kinson, to approve the Prospect-Lemay Office Park, Preliminary
P.U.D. with the understanding it will go back to the Planning
and Zoning Board on final for review. Yeas: Councilmembers
Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wil-
marth. Nays: None.
' THE MOTION CARRIED.
Southglen P.U.D. Preliminary Approved
Following is the City Manager's memorandum on this item:
"This is a preliminary proposal for a 37-acre P.U.D. consisting
of 217 units zoned R-P and R-L-P. The site is generally lo-
cated west of the C & S railraod tracks, north of Larksborough
Subdivision, east of Chism P.U.D., and approximately 1/3 mile
south of Horsetooth Road. The applicant is Harry L. McCabe.
The 37 acres consists of 69 single-family lots, 22 four-plex
buildings, 5 twelve-plexbuildings, 11.2 acres of open space,
a 5.6 acre public park and local streets.
There are 84 units on the R-P zoned portion (maximum allowed -
110 units), and 133 units on the R-L-P portion which is the
maximum allowed.
Total open space is 30%, with 15% active and 15% public park.
Parking provided for multiple units is 284 spaces which meets
the 233 spaces required.
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July 17, 1979
The planning
staff recommended to the Planning and Zoning Board
approval
subject to the following conditions:
a.
That sidewalks be provided on both sides of all
'
streets;
b.
That street naming be coordinated with the City;
C.
That a gradual transition be provided from the 35'
pavement width of Manhattan Avenue in the Park South
P.U.D. to the required 44' in the South Glen develop-
ment;
d.
That the "eye brow" in the southeast corner of the
project be eliminated;
e.
That all entrances to the parking lot be a minimum of
24';
f.
That reference be made on the plan regarding two park-
ing spaces for each single family lot;
g.
That an additional full lot access point be provided
to the public park;
h.
That all buildings be within 150' of a street or ac-
cessway for fire equipment service;
i.
That intensive landscaping and screening be provided
along the east and south property lines as it abuts
the railroad tracks and proposed single-family resi-
dences.
At their June 18 meeting the Planning and Zoning Board recom-
mended unanimous approval subject to the above -listed conditions '
being addressed.
The developer and owner agree to all conditions and have sub-
mitted a revised site plan and a letter agreeing to these
conditions. Staff recommends approval."
City Manager Arnold reported street oversizing costs on this
plan would be $24,768.
Chief Planner, Curt Smith, identified the area in question.
Councilman Wilkinson made a motion, seconded by Councilwoman
Gray, to approve the Southglen P.U.D. Preliminary. Yeas:
Councilmembers Bowling, Gray, Kross, Re.ves, St. Croix, Wil-
kinson and Wilmarth. Nays: None.
THE MOTION CARRIED.
Spring Creek Condominiums P.U.D.,
Preliminary Denied
Following is the City Manager's memorandum on this item:
-569-
July 17, 1979
'This is a preliminary P.U.D. proposal for two 16-story high-rise buildings, with
'
approximately 244 units on 3.49
Creek Drive. The applicant is
acres, zoned B-P,
Bill Vigor..
located at Mathews
and Spring
The land use data consists of:
Dwelling units per acre -.----
69.9
Floor area ------------------
152,000 x 2----------
304,000
sq.
ft.
Coverage --------------------
51%------------------
7,858
sq.
ft.
Driveway & parking area -----
37.5%----------------
57,000
sq.
ft.
Open Space ------------------
9.5%----------------
14,524
sq.
ft.
The Planning staff recommended denial to the Planning & Zoning Board for the
following reasons:
1. The scale, mass, and height of the proposal will have a negative
impact upon the surrounding residential neighborhood;
2. The proposal will generate traffic which will create problems
and subsequently have a negative impact upon the residential
units in the area;
3. The proposal will reduce the vista of the mountain areas to the
west from the residential areas east of the project, thereby
reducing the livability of those areas;
4. The site cannot adequately handle the proposed scale of intensity
' of use;
5. The proposed setbacks, landscaping, and buffers, are inadequate to
buffer this proposal.
At their May 7th meeting the Planning and Zoning Board unanimously recommended
denial for the reasons noted by staff. There was neighborhood opposition and
support at the meeting.
ne applicant submitted a revised preliminary site plan addressing the issues
and reasons for denial. However, the changes did not address the major issue
of scale, mass, and height of the proposal.
On June 26, Council considered this height question and directed staff to work
with the developer in reducing the buildings to acceptable heights. The de-
veloper has elected not to reduce the building heights but to submit the plan
at 16 stories.
Staff recommends denial of the P.U.Dt'
-570-
July 17, 1979
City Manager Arnold stated there was no street oversizing
cost on this plan. Chief Planner Curt Smith spoke to the
two concerns relating to their recommendation for denial; '
(1) the incompatibles with the surrounding neighborhood; the
scale, mass and height, is inconsistent with the goals and
objectives of the City, (2) the proposal also blocks the
view and vistas to the mountains.
Mr. Lester Kaplan, representing the developer responded to the
staff's comments relating to the goals and objectives. Mr.
Stu Olson spoke to the design characteristics of the project.
The following persons spoke in opposition to the P.U.D.:
1. Fred Miranda, 1815 Remington Street, based on increased
traffic.
2. Bob Teegarden, 1824 Indian Meadows, representing the Spring
Creek Park Improvement Association, reported that the
residents had signed and he submitted a petition in
opposition to this proposal.
3. Tom McKenna, 2120 Brookwood, stated the height of this
proposal would cast shadows causing icing conditions on
College Avenue, and to the increased traffic generated
by this proposal.
4. Chuck Turner, 412 Dartmouth Trail, presented slides of I
the area in question.
Attorney Bill Wyatt rebutted the staff arguments relating to
height limitations, citing the code provisions. City At-
torney Liley related other sections of the code which she
interpreted as giving the City Council authority to consider
height.
Councilwoman Gray made a motion, seconded by Councilwoman
Reeves, to deny the Spring Creek Condominiums P.U.D. Pre-
liminary P.U.D. Councilmembers Bowling, Gray, Kross, Reeves,
St. Croix and Wilkinson. Nays: Councilman Wilmarth.
THE MOTION CARRIED
-571-
1
July 17, 1979
South College Square P.U.D.,
Preliminary Approved
Following is the City Manager's memorandum on this item:
In April the Planning and Zoning Board voted unanimously to approve this
P.U.D. subject to the above conditions concerning access along with the
following conditions:
1.
The proposed floor area should be reduced to comply with
the H-B zone parking ratio requirement. (The plan as in-
itially submitted entails a parking space deficit of 18.5%)
2.
The site plan should indicate a 50' centerline R.O.W.
dedication along Horsetooth Road.
3.
The bridge over the canal on Horsetooth Road should be im-
proved in conjunction with the development of this site.
4.
The final landscape plan should provide additional trees
and screening along South College Avenue, and planter
islands with trees in the parking lot.
5.
Internal traffic circulation should be improved and edge
treatment indicated at the rear of the site.
6.
Improvements as indicated for both "Phase I" and "Phase II"
'
should take place in conjunction with any development on the
site.
7.
Other details to be addressed by final subdivision plat include:
a) drainage plan (the applicant should not assume that
the irrigation ditch of South College Avenue can be
used to carry storm runoff);
b) ditch company approval of projects;
c) installation of 12" water main along South College
Avenue;
d) dedication along Horsetooth Road;
e) fire hydrant at corner;
f) a 10' easement along the canal for light and power.
The applicant submitted a revised site plan addressing all concerns except
number 1 above. The revised site plan proposed a variation of 15 parking
spaces less than the standard off-street parking requirement of the H-B zone.
However, the applicant proposes to install a wider frontage road (36') than
normally required (28') so as to allow parking on both sides rather than only
on one side as per the standard requirement. The staff feels the variation
of the parking requirement is justified with the enlarged frontage road and
the uniqueness of the plan and location.
Staff felt this condition had to be addressed before approval of this pro-
posal. Another review was requested with the Planning and Zoning Board to
' address this issue.
-572-
July 17, 1979
This is a preliminary proposal for a one -unit PUD on 1.89 acres zoned H-B
located on South College north of Horsetooth Road. The applicant's representa-
tive is Jerry Nix of Mountain States Properties.
The land use data is -as follows:
ci+o n . +. .
Area - - - - - - - - - - - - - - - - -1 .83 acres +
Floor Area
existing building - - - - - - - - --3, 128 sq. ft.
proposed building - - - - - - - --20,349 sq. ft.
Parking Spaces
H-B standard requirement - - - - - -117 spaces
proposed on plan - - - - - - - - - -102 spaces
Coverage
building - - - - - - - - - - - - - -12%
parking lot & drive- - - - - - - - -73%
landscaping - - - - - - - - - - - -15%
In the past, several proposals have been considered for this site but never
have come to development.
The main issue of this proposal is that of access. After considerable study I
by planning and traffic engineering staffs of the entire block, we are
recommending:
a) elimination of any access to Horsetooth Road;
b) direct access to the site from southbound South College
Avenue by deceleration and acceleration lanes, and;
c) installation of a frontage road from the site north to
Monroe.
At their June meeting the Board voted 4-2 to approve the revised preliminary
except that the parking variation be allowed. The two Board members voting
against this motion have submitted a minority report which is attached.
Staff recommends approval. "
-573-
July.17, 1979
1
City Manager Arnold stated the street oversizing costs of
this proposal are $23,688.
Chief Planner, Curt Smith, identified the area in question
and stated that in addition to the problems related to park-
ing, a variance regarding the two acre requirement would
have to be given by the City Council.
Applicant's representative, Jerry Nix, spoke to the four year
length of time put in on this project.
Councilman St. Croix made a motion, seconded by Councilman
Kross, to approve subject to the conditions outlined, and the
granting of a variance of the two acre requirement. Yeas:
Councilmembers Bowling, Gray, Kross, St. Croix, Wilkinson and
Wilmarth. Nays: None.
THE MOTION CARRIED.
Other Business
(a). City Manager Arnold stated a meeting of the Corridor
Steering Committee has been set for August 28, 1979,
between the Cities of Fort Collins, Loveland and the
County to discuss_the.Corridor Plan.
(b). City Manager Arnold reported that two new employees
have been hired for the Water & Sewer Department:
One is Mike Smith from Colorado Springs and the other
is Duane Davis from the South Fort Collins Water Dis-
trict.
(c). The manager also reported that five Police Officers
had been sent to Cheyenne after the tornado.
(d). Special Counsel Authorized to Bring Suit Against
Federal Agencies.
Following is Special Counsel memorandum on this item:
TO: City Manager's Office
FROM: Arthur E. March, Jr., Special Counsel
SUBJECT: Construction Grant Funding - Sewage Treatment Works -
Innovative and Alternate Treatment
DATE: July 13, 1979
-574-
July 17, 1979
The City plans to use land application for sludge disposal
in connection with the operation of waste Water Treatment Plant
# 2 . Black and Veatch have done studies for this program, and I
understand the City is now ready to begin implementing the plan.
Under the Clean Water Act, the Federal government provides
grants to municipalities (through the State) to assist in paying
the cost of sewage treatment facilities. The normal Federal
qrant is 75 percent ofthecost of the project, with the municipal-
ity paying the remaining 25 percent. There is a provision in
the Federal law allowing an additional 10 percent grant if the.
treatment process utilizes innovative and/or alternative technology.
It has been and is our opinion that the sludge disposal program
planned for the City meets the definition of innovative technique
in the Federal regulations. Therefore, the City would be eligible
for the additional 10 percent funding on this project.
Despite the eligibility for the additional 10 percent
funding, there is little chance the City will actually receive
any assistance through this program. Under the State regulations,
the Federal grants are made available to municipalities based upon
the various municipalities' ranking on the priority point list.
The City's ranking on this list is the subject of a law suit now
pending between the Water Quality Control Commission and the City
in Larimer County District Court. Unless we are successful in
our position on that law suit, the City's ranking on the priority '
list will be in the mid 20's. (If we are successful in the law
suit, our ranking will move to one or two.) Because of inter-
pretation of the Federal law and regulations by EPA and OMB, there
are not sufficient funds available for the State to allocate within
this category to reach the City's position on the funding list.
The Federal interpretation of the applicable laws and regulations
restricts funding for the additional 10 percent grant to 2 percent
of the total grant funds available to the State. This results
in.a relatively small amount of grant funds. It is the State's
position that this Federal construction is incorrect and that
the 2 percent is really a minimum limitation, not a maximum
limitation. If the State interpretation is correct, there would
be funding available for the City's construction program.
-575-
July 17, 1979
Members of the Water Quality Control Commission have
' indicated that they would support the City, if we would contest
the Federal interpretation on this point. The State does not
feel it is a proper party in interest to allow it to bring any
action against EPA on this point. We have briefly reviewed the
law and regulations, and feel there is a reasonable chance that
the Federal interpretation can be upset. Since this would result
in substantially increased grants to the City on this program, we
recommend that we be authorized to negotiate with EPA concerning
this interpretation. Since EPA has already made its decision,
we.do not feel that such negotiations will be successful. Therefore,
we further recommend that %•;e be authorized to bring suit against
the proper Federal agencies to contest the Federal interpretation
of this 2 percent limitation. As indicated, we would expect the
State to asssist the City in such suit and to join in any action
which is brought in support of the City's position.
If the City desires to proceed on this matter, a presentation
should be made to the Water Quality Control Commission at their
meeting on July 24. Therefore, it will be necessary to have
Council authorization on this matter at the July 17 meeting. I
will be happy to attend that meeting, and hopefully will have
more detailed information by that time.
' Councilman Wilkinson made a motion, seconded by Councilman
Kross, to authorize Special Counsel to bring suit against
the proper federal agency. Yeas: Councilmembers Bowling,
Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays:
None.
THE MOTION CARRIED.
(e). Special Counsel Authorized to Defend Suit Brought
by Fort Collins Water District Againist the City.
Special Counsel, Arthur March, Jr.., stated a suit had
been brought against the City by the Fort Collins Water
District claiming that the City has no right to serve
in the South part of the City, the area which is in the
City and also with the boundaries of the district.
Councilwoman Reeves made a motion, seconded by Councilman
St. Croix, to authorize Special Counsel, Arthur March,
Jr., to defend the suit on behalf of the City. Yeas:
Councilmembers Bowling, Gray, Kross, Reeves, St. Croix,
Wilkinson and Wilmarth. Nays: None.
I
THE MOTION CARRIED.
-576-
July 17, 1979
(f). Councilwoman Reeves reported that the Council of
Governments retreat will be this weekend,.and
requested Council guidance on the funding.
The Council adjourned into executive session. '
ournment
The meeting was adjourned at 1:00 p.m.
FA
Mr, IMF,
ATTEST:
f
C y Clerk 1
-577-