Loading...
HomeMy WebLinkAboutMINUTES-03/29/1977-AdjournedMarch 29, 1977 II COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Adjourned Meeting - 5:30 P.M. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, March 29, 1977 at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Staff Members Present: Brunton, Bingman, Kaplan, Ferluga, Holmes, Deibel, Liley and Lewis. Also: City Attorney Arthur.March, Jr. Minutes of the Regular Meeting of March 1, 1977 Approved Councilwoman Gray made a motion, seconded by Councilman Bowling to approve the minutes of the regular meeting of March 1, 1977 as published. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Ordinance Adopted on Second Reading Zoning the Suitts Second Annexation Following is the City Manager's memorandum on this item: "Ordinance No. 10, 1977, was adopted on first reading at the March 15, 1977, Council meeting. The Suitts Annexation is located on the west side of the Poudre River between Prospect Street and Highway 14. There were several differences of opinion with regard to the zoning of the Second Annexation. Mr. Suitts wanted I-G and I-P, and the Planning and Zoning Board and the Planning staff felt that I-G was adequate. At the present time the City is working on a new industrial zone including performance standards. Mr. Suitts and the staff feel that this new zone may be acceptable to both sides. In no way does this commit the City Council. Mr. Suitts agreed to l dedicate a 50-foot right of way along the Poudre River for a trail program. In his letter of understanding, he also gives 450 us an option for the purchase of some other land. Another copy of this letter from Mr. Suitts is included with this agenda. Because of the above situation, Ordinance No. 10, 1977, provides for the recommended T, Transition District zoning. This is a holding zone and will give the staff time to present some options to Council with regard to the new proposed industrial zoning ordinance amendment." Councilwoman Reeves made a motion, seconded by Councilman Russell to adopt Ordinance No. 10, 1977 on second reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. io , 1977 BEING AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE OF THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE SUITTS SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the Zoning District Map adopted by Chapter 118 of the Code of the City of Fort Collins, be and the same hereby is, changed and amended by including the property known as the Suitts Second Annexation to the City of Fort Collins, Colorado, in the T, Transition District. Section 2. The City Engineer is hereby authorized and directed to amend said Zoning District Map in accordance with this ordinance. Introduced, considered favorably on first reading, and ordered published this 15th day of march , A.D. 1977, and to be presented for final passage on the 29th day of march A.D. 1977. A-i TEST: ity Clerk, 451 1 1 Passed and adopted on final reading this 29th day of March, A.D. 1977. Al Mayor ATTEST: If City C er First Reading: March 15, 1977 (Vote: Yeas: 5, Nays: 0) Second Reading: March 29, 1977 (Vote: Yeas: 7, Nays: 0) Dates Published: March 20, 1977 and April 3, 1977 Attest; - City Clerk Other Business City Manager Brunton addressed the following: "The Larimer County Commissioners are conducting a public hearing on the Larimer County Policy Plan on the evening of March 29, 1977. It is uncertain if the Larimer County Planning Commission's adoption of the Plan as amended is final. Letters were sent to the Larimer County Planning Commission and the County Commissioners earlier this year. As there has been no meeting with the County Commissioners to defer any final action or endorsement pending a joint meeting with the City Council." Councilman Bowling made a motion, seconded by Councilman Suinn that Assistant City Attorney Liley be instructed to attend the meeting and ask the County Commissioners to hold final decision until they have entered into discussion with the Council of the City of Fort Collins. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 452 R Ordinance Adopted on Second Reading Zonine the Brune Annexation Following is the City Manager's memorandum on this item: "Ordinance No. 26, 1977, was adopted on first reading at the March 15, 1977, City Council meeting. The Brune Annexation was involuntarily annexed to the City by Ordinance No. 25, 1977 which was adopted at the March 15, 1977, Council meeting. The property consists of 14.45 acres located on the north side of Horsetooth Road immediately east of and contiguous to the Strachan Fourth Annexation. There was a difference of opinion concerning the zoning of this area. Mr. Russell S. Pugh, attorney for the Brune's, suggested T, Transition District, zoning until further study can be made of the zoning impact of the area. When the Planning and Zoning Board addressed the zoning for the Strachan Fourth Annexation to the west, they recommended H-B zoning for this area and some type of residential zoning for the Brune Annexation. The request for T, Transition District, zoning has never been discussed with the Board. When the Brune Annexation is brought up for final zoning, all background material including the recommendation from the Planning and Zoning Board will be included with the agenda." Councilwoman Gray made a motion, seconded by Councilman Bloom to adopt Ordinance No.26, 1977 on second reading. Yeas: Councilmembers Bloom, Gray, Reeves, Suinn and Wilkinson. Nays: None. (Councilmen Bowling and Russell out of room.) ORDINANCE NO. 26 , 1977 BEING AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE OF THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE BRUNE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO BE, IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the Zoning DistrictMapadopted by Chapter 118 of the Code of the City of Fort Collins, be and the same hereby is, changed and amended by including the property known as the Brune Annexation to the City of Fort Collins, Colorado, in the T, Transition District. 453 1 I 1 Section 2. The City Engineer is hereby authorized and directed to amend said Zoning District Map in accordance with this ordinance. Introduced, considered favorably on first reading, and ordered published this 15th day of March 1977, and to be presented for final passage on, ,the 29th day of March , 1977. ATTEST: C1 y Clerk ` Passed and adopted on final reading this 29th day of March, A.D. 1977. ayor ATTEST: City Clerk First Reading: March 15, 1977 (Vote: Second Reading: March 29, 1977 (Vote: Dates Published: March,_20, 1977 and April Attest: ZZ �� ✓�'/�� c�� City Clerk Yeas: 5, Nays: 0) Yeas: 5, Nays: 0) 3, 1977 Second Reading of Ordinance Zoning Part of the Horsetooth South Mesa Annexation Tabled to a Later Date Following is the City Manager's memorandum on this item: "Ordinance No. 27, 1977' zoning 24.,75 acres H-B located between'..,: the Coloado and Southern railroad- tracks and College Avenue,. is up for consideration on second -reading. The remaining 64.45 acres in this Annexation lies west of the tracks. The November 454 I 1976, Planning and Zoning Board meeting was included with the former Horsetooth South Mesa zoning. The recommendation is for R-P for the 10.68 acres in the south- east corner of the property, R-L-M for the 10.67 acres in the middle, and R-L-P for the remaining 43.1 acres located to the west and north." Councilwoman Gray made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 27, 1977 on second reading. Mr. George Holter, property owner in the area, reported that if this portion of the annexation is zoned H-B, their business (a plumbing and heating shop) would have to come in as a non- conforming 'use; and he would prefer to have some commercial uses in the annexation. City Attorney March reviewed the non -conforming entitlement as it has been construed in the past, which would allow what had been allowed in the County. Following extended discussion on this item, Councilman Bowling made a motion, seconded by Council- woman Gray to table second reading of this ordinance to April 19, 1977. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves and Wilkinson.. Nays: Councilmen Russell and Suinn. City Manager Brunton stated the administration would schedule a meeting with Mr. Holter and report back at the April 19, 1977 meeting. Ordinance Adopted on Second Reading Amending Sections of the Code Relating to Certain Penalties for Violations of Code Provisions and Providing for Said Penalties - Following is the City Manager's memorandum on this item: "Ordinance No. 30, 1977, was adopted on first reading at the March 15, 1977, Council meeting. This ordinance clarifies certain matters in the Code pertaining to our court procedures allowing the Municipal Judge to impose a fine or imprisonment (up to a maximum of $300 and ninety days). The wording of this provision is similar to that in most penalty provisions." Councilwoman Gray made a motion, seconded!by Councilman Suinn to adopt Ordinance No. 30,.1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 455 �i ORDINANCE NO. 30 , 1977 l.. BEING AN ORDINANCE AMENDING SECTIONS 1-23 AND 114-166 B OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO CERTAIN PENALTIES FOR VIOLATION OF CODE PROVISIONS AND PROVIDING THAT SAID PENALTIES MAY CONSIST OF BOTH A FINE AND IMPRISONMENT. BE IT ORDAINED BY THE COUNCIL OF`THE.CITY OF FORT COLLINS: Section 1. That Section 1-23 of the Code of the City of Fort Collins be and the same hereby is, amended to read as follows: "§ 1-23. General penalty for violations: Any person, firm or corporation who shall violate any provision of the Code, or any provision of any code or other regulation adopted by reference by this Code, by doing any act prohibited or declared to be unlawful there- by, or who shall engage in or exercise any business or occupation or do anything for which a license or permit is required, without having a valid license or permit therefor as required, or who shall fail to do any act required by any such provision, or who shall fail to do any act when such provision declares such failure to be unlawful or to be an offense or misdemeanor, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not exceeding three hundred dollars ($300.) or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment, in addition to the collection of any costs which may be provided for, unless a specific penalty •is provided for a particular misdemeanor. Each day upon which any violation shall continue shall constitute a separate misdemeanor unless some other specific time period is provided for any particular violation." Section 2. That Section 114-166 B of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "B. Unless another penalty is expressly provided herein, every person found guilty of a violation of any pro- vision of this chapter may be punished by a fine of not more than three hundred dollars ($300.) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment, and if in the 456 opinion of the Municipal Judge it is deemed advisable, the right to drive a vehicle upon the streets of the City of Fort Collins may.be revoked for a period not to exceed six (6) months." Introduced, considered favorably on first reading, and ordered published this 15th day of march , A.D. 1977, and to be presented for final passage on the 29th day of march , A.D. 1977. ATTEST: City Clerk Passed and adopted on final reading this 29th A.D. 1977. Mayor ATTEST: Ci y /C�erk First Reading: March 15, 1977 (Vote: Second Reading: March 29, 1977 (Vote: Dates Published: March 20, 1977 and April Attest: City Clerk 457 day of March, Yeas: 5, Nays: 0) Yeas: 7, Nays: 0) 3, 1977 1 1 I Ordinance Adopted on Second Reading Amending Chapter 84 of the Code Relating to Peace and Good Order and Prohibiting Disorderly Conduct Following is the City Manager's memorandum on this item: "At the March 15, 1977, meeting the City Council adopted Ordinance No. 31, 1977, on first reading. This ordinance provides more clearly than our existing ordinance for legal appropriateness. of an arrest and conviction for certain types of behavior." City Manager Brunton stated City Attorney March has arranged for monthly reports from the Court on this item. Councilman Suinn requested an additional facet of the report to include any relationship between the people who are being called in for harrassment and the officer, charging such individuals. Councilwoman Gray made a motion, seconded by Councilman Suinn to adopt Ordinance No. 31, 1977 on second reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. (Councilman Russell out of room.) ORDINANCE NO. 31 , 1977 BEING AN ORDINANCE AMENDING CHAPTER 84 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO PEACE AND GOOD ORDER AND PROHIBITING DISORDERLY CONDUCT! BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 84-1 of the Code of the City of Fort Collins be, and the some hereby is, amended by adding thereto. at the end thereof, an additional subsection F, to read as follows; "F.. Disorderly Conduct. (11 It is unlawful for any person to intentionally, knowingly or recklessly: (a) Make a coarse and obviously offensive utterance, gesture or display in a public place when such utterance, gesture or di. splay causes injury or tends to invite an immediate breach of the peace; 458 a JN t (b) Abuse or threaten a person in a public place in an obviously offensive manner; or (c) Fight with another in a public place except as a participant.in a sporting event. (2) It is an affirmative defense to prosecution under part (b) of subsection Cl) of this section where the actor has significant provocation for his abusive or threatening conduct." Introduced, considered favorably on first reading, and ordered published this 15th day of March , A.D. 1977, and to be presented for final .passage on the 29th day of March A.D. 1977. /fo ATTEST: Mayor I �� City Clerk Passed and adopted on final reading this 29thday of March. A.D. 1977. ATTEST: Mayor City Clerk First Reading: March 15, 1977 (Vote: Yeas:' 5, Nays: 0) Second Reading: March 29, 1977 (Vote: Yeas: 6, Nays: 0) Dates Published: March 20, 1977 and April 3, 1977 At/t/e/ss t : o City Clerk 459 Ordinance Adopted on Second Reading Amending the Ordinance on Grant of Water Rights Required Following is the City Manager's memorandum on this item: "Ordinance No.,32, 1977, was adopted on first reading at the March 15 City Council meeting. This ordinance increases from $500 to $800 the cash payment per acre-foot of water required - in lieu of providing water rights. The $800 figure is consis- tent with many of the recent sales of shares of Big T water." Councilman Bloom made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 32, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. `Nays: None. ORDINANCE NO.32, 1977 BEING AN ORDINANCE AMENDING SECTION 112-66 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE CITY WATER UTILITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 112-66A of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting therefrom the words and figures,.`. "five hundred dollars ($500)," as the same appear in the last sentence of *, said subsection A and by substituting therefore the words and figures, "eight hundred dollars ($800)." Introduced, considered favorably on first reading, and ordered published this 15th day of March,.A.D. 1977, and to be presented for final passage on the 29th day of March, A.D., 1977. r Mayor ATTEST: City Clerk 460 t, Passed and adopted on final reading this 29th day of March, A.D. 1977 0ay®rV ATTEST: 4CIy4llerk First Reading: March 15, 1977 (Vote: Yeas: 5, Nays: 0) Second Reading: March 29, 1977 (Vote: Yeas: 7, Nays: 0) Dates Published: March 20, 1977 and April 3, 1977 Attest: - r, City C er Ordinance Adopted on Second Reading I Authorizing the Issuance of a Bond Payable from Sales Tax Revenue Following is the City Manager's memorandum on this item: "At the March 15, 1977, meeting the City Council adopted Ordinance No. 33, 1977, on first reading. This ordinance provides for the time payment for purchase of property owned by Lorraine A. Quinn located on Lot 18, Block 133, in Fort Collins (on the southwest corner of Mathews and Olive). The City Attorney had previously given his opinion that the method of payment (issuance of bonds secured by sales tax revenue) is allowable under the City Charter. This is similar in principle to many of our other land transactions where we purchase property on a time basis." Councilwoman Reeves made a motion, seconded by Councilman Bowling to adopt Ordinance No. 33, 1977 on second -.,reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. (Councilman Russell out of room.) 461 1 1 1 ORDINANCE NO. 33 , 1977 BEING AN ORDINANCE AUTHORIZING THE ISSUANCE OF A BOND PAYABLE FROM SALES TAX REVENUES WHEREAS, the City of Fort Collins has contracted for the purchase of the following described real property situate in the County of Larimer, State of Colorado, to -wit: Lot 8, Block 133 in the City of Fort Collins, Colorado; and WHEREAS, said contract of purchase provides that payment for said property shall be by a bond to be issued by the City in the principal amount of $27,000.00, bearing interest at the rate of 6-2/3% per annum, payable ten years from date of issuance; and WHEREAS, Section 20.4 of Article V of the Charter of the City of Fort Collins provides as follows: "Section 20.4. Revenue securities. "The City, by Council action and without an election, may issue securities made payable solely from revenues derived from the operation of the project or capital. improvement acquired with the securities' proceeds, or from other projects or improvements, or from the proceeds of any sales tax, use tax or other excise tax, or solely from any source or sources or any combination thereof other than ad valorem taxes of the City." and r WHEREAS, the City Council desires to authorize the issuance of a bond pursuant to the foregoing provision of the City Charter, to be used as payment for the property described above. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE.. CITY OF FORT COLLINS: Section 1. For the purpose of acquiring the following described real property situate in the County of Larimer, State of Colorado, to -wit: .Lot 81 Block 133 in the City of Fort Collins, Colorado; 462 ='A a bond of the City of Fort Collins payable only out of the revenues of the sales tax imposed by Chapter 104 of the Code of the City of Fort Collins is hereby authorized to be issued by the Director of Finance of the City of Fort Collins. Such bond shall be in the principal amount of $27,000.00, shall bear interest at the rate of 6-2/3% per annum payable quarterly, and shall be due and payable ten years from date of issuance. The interest accruing under said bond shall be evidenced by coupons attached to the principal bond, attested by the facsimile signature of the City Clerk. The bond shall be subscribed by the Mayor, countersigned by the Director of Finance and shall have the corporate seal of;the City affixed thereto, attested by the City Clerk. Section 2. Said bond and coupon attached thereto shall be substantially in the following form: UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS SALES TAX REVENUE BOND $27,000.00 The City of Fort Collins, in the County of Larimer and ' State of Colorado, for value received, acknowledges itself indebted and hereby promises to pay to the bearer hereof (but only out of revenues referred to in said bond), the -sum of TWENTY SEVEN THOUSAND and N0/100 DOLLARS in lawful money of the United States of America, at the office of the Director of Finance of said City, ten years from the date hereof, with interest thereon from date until payment, payable quarterly at the office of the Director of Finance of the City of Fort Collins, upon presentation and surrender of the annexed coupons as they severally become due. This bond is payable solely out of the proceeds of the sales tax of the City of Fort Collins imposed by Chapter.104 of the Code of the City of Fort Collins, and in no event shall any part of this bond be payable from the proceeds.of ad valorem taxes of the City. By the issuance of this bond, the City of Fort Collins covenants and agrees not to repeal the sales tax from which this bond is to be paid below the ' level required to pay this bond upon its maturity but'to keep such sales tax in full force and effect to the extent required to pay this bond in full when due. 463 IN•TESTIMONY WHEREOF, the said City of Fort Collins has caused this bond to be subscribed by its Mayor, countersigned by its Director of Finance, and attested by its City.Clerk, under the seal of said City, and the interest coupons hereto attached to be attested by the facsimile signature of the• City Clerk as of the day of 1977. SEAL .ATTEST: City Clerk No. Mayor COUNTERSIGNED• Director.of Finance (Form Coupon) $450.00 On the day of 19_, the City of Fort Collins will pay to bearer FOUR HUNDRED FIFTY and N01100 DOLLARS in lawful money of the United States of America, at the 3;'K office of the Director of Finance of Fort Collins, Colorado, being three (3) months' interest on its sales tax revenue bond dated , 1977, to which this coupon is attached. (Facsimile Signature) City Clerk Section 3. The Director of Finance is authorized to. exchange said bond for the property described in Section 1 of this ordinance. Introduced, considered favorably on first reading, and ordered published this 15th day of March,, A.D. 1977, and .to be presented for final passage on the29th day of March , A.D. 1977. ATTES M yor City Clerk 464 Passed and adopted on final reading this 29th day of March A.D. 1977. ATTEST: Arolr4 City Clerk First Reading: March 15, 1977 (Vote: Yeas: 5, Nays: 0) Second Reading: March 29, 1977 (Vote: Yeas: 6, Nays: 0) Dates Published:. March_ 20, 1977 and April.3, 1977 Attest: City Clerk Resolution Adopted Expressing Appreciation to Designing Tomorrow Today and the Planning and Zoning Board in Developing the Goals and Objectives of the Comprehensive Plan Following is the City Manager's memorandum on this item: "The Goals and Objectives Task Force consisted of membership from both the Designing Tomorrow Today Steering Committee and the Planning and Zoning Board. A co-chairman for each sub= committee was selected from both groups. They and a lot of citizens worked long hours in preparing our. goals and objectives statement. At its March 1, 1977, meeting the City Council voted unanimously to instruct the Administration to prepare a resolution of appreciation to the Designing Tomorrow: Today Steering Committee, the Planning and Zoning Board, and all the citizens who worked on the development of the long-range planning goals and objectives This is an excellent document prepared by the,citizens." Councilman Suinn made a motion,. seconded by Councilman Bowling to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. (Councilman Russell out of room.) 465 s 'RESOLUTION 77-23 !OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPRESSING APPRECIATION TO DESIGNING TOMORROW TODAY AND THE PLANNING AND ZONING BOARD IN. DEVELOPING THE GOALS AND OBJECTIVES OF THE COMPREHENSIVE PLAN WHEREAS, the Planning and Zoning Board .of the City of Fort Collins and Designing Tomorrow Today joined forces in forming and working with the• Citizens' Task Force on Comprehensive Planning; and WHEREAS, this Task Force enabled many citizens to voice their opinions on key issues in developing the goals and objectives of the Comprehensive Plan; and WHEREAS, the goals and objectives of the Comprehensive Plan are an essential element in guiding the growth and development of the .City of Fort_Collins. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS that the City express its appreciation and sincere gratitude to Designing Tomorrow Today, the Planning and Zoning Board, and those citizens who worked countless hours and devoted considerable talent in providing the City of Fort Collins with this fine statement of goals and objectives. Passed and adopted at an adjourned meeting of the City Council held this 29th day of March, A.D. 1977. ' v. ATTEST: City Clerk. 466 µtiff �1. Lease Agreement with Bishopp Farms at Fort Collins -Loveland Airport Approved Following is the City Manager's memorandum on this item: "Bishopp Farms has the present lease for doing the farming work. at the Fort Collins -Loveland Airport. Recently the Airport Board terminated the farm management agreement with Farmers National, Inc. Robert Zimdahl, a botany professor and weed expert at Colorado State University, is assisting us with the weed problems at.the Airport. Bud Bishopp has agreed to increase the Airport's share of the crop sales from 30% to 33-1/3%. The new lease with Bishopp Farms was approved by the Airport Board. This lease is for a term of three years commencing March 1, 1977, and ending August 31, 1980." Councilman Bowling made a motion, seconded by Councilwoman Gray to approve the lease agreement with Bishopp Farms and authorize the Mayor and City Clerk to sign the agreement on behalf of the City. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. (Councilman Bloom out of room.) Resolution Adopted Approving an Agreement for the Collindale Golf Course Concession Following is the City Manager's memorandum on this item "Recently the City of Fort Collins took -bids on providing the concessions at the Collindale Golf Course. Floriene and Jack Whitt's bid was highest at 15% of the gross sales. Our former agreement with Vern Hackbarth was only for 7% of gross sales. Floriene and Jack Whitt are planning to provide a more diversi- fied food service for longer hours during the day. This should benefit the golfing public as well as bring in more revenue to the City. The Whitt's have considerable background in operating restaurants. Our Fort Collins Golf Board recommended approval of the agreement with the Whitt's for the concessions at the Golf Course." Councilwoman Gray made a motion, seconded by Councilman Bowling to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson.. Nays: None. (Councilman Bloom out of room.) 467 RESOLUTION 77-24 OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO APPROVING AN AGREEMENT FOR THE. COLLINDALE GOLF COURSE CONCESSION. WHEREAS, the City is the owner of the Collindale Golf Course, located at 1441 East County Road #40; and WHEREAS, in connection with such golf course the City has established a clubhouse which includes a lounge, kitchen and snack . bar area; and WHEREAS, the City desires to enter into an agreement granting - a concession to Jack and.Floriene Whitt as concessionaires to operate the lounge, snack bar and kitchen area for the calendar year of 1977. NOW, THEREFORE, in consideration of the above premises, the City Council hereby approves the agreement for the Collindale-Golf Course- concession and authorizes the City Manager to sign said agree ment on behalf of the City of Fort Collins. Passed and adopted at an adjourned meeting of the City Council -held this 29th day of March, A.D. 1977. ATTEST: Ciy-Clerk 468 Resolution Adopted Extending a Lease on the Rockwell Ranch Following is the City Manager's memorandum on this item: "The Rockwell Ranch consists of six separate and scattered parcels of -approximately a thousand acres located up the North Poudre River. The land is owned jointly by the Cities of Fort Collins and Greeley. Ronald 0. Roberts, who has been the Trustee for this land since 1958, recently announced that he is resigning. During the last several months we have had several meetings and have been talking with the Poudre District Ranger about the possibility of consolidating the Cities' holdings on the Poudre River. This appears to be advantageous to the Forest Service and.may be,advantageous to the two Cities. Also, we have again discussed the projected short- and long-range value of this property to the Cities of Fort Collins and Greeley. Because of the resignation of Mr. Roberts as Trustee, our negotiations with the Forest Service to possibly consolidate the land, and because we are reviewing the overall value of the land to the two Cities, it would be advantageous to extend the lease on the property. The City of Fort Collins has a lease with Jesse C. Greer and Virlon G. Parker on this land. The present lease was signed on April 6, 1972, and is in effect until April 1, 1977. Mr. Greer and Mr. Parker have agreed to a year's extension on this lease with the same terms as before; namely, $1,220 per year paid in two installments. The City of Greeley has unofficially agreed to this extension." City Manager Brunton responded to Council inquiries regarding the year's extension, and stated the Administration proposes to schedule a meeting with the two City Councils and two Water Boards to discuss the Rockwell Ranch. Councilman Suinn made a motion, seconded by Councilman Bowling to adopt the resolution subject to approval of the City of Greeley. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. (Councilman Bloom out of room.) 469 71 L RESOLUTION 77-25 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT EXTENDING A LEASE BETWEEN RONALD 0. ROBERTS AS -TRUSTEE FOR THE CITIES OF FORT COLLINS AND GREELEY, AND JESSE C. GREER AND VIRLON G. PARKER. WHEREAS, the City of Fort'Collins and the City of Greeley are the owners of certain real property known as the Rockwell Ranch; and WHEREAS, Ronald 0. Roberts has previously been the - trustee for said cities in connection with such property and - although he has submitted his resignation as such trustee; he is still acting.in that capacity until his successor -is appointed; and WHEREAS, the present lease of said property will expire,, on April 1, 1977; and WHEREAS, it is desirable to extend the existing lease for one additional year in order to afford the cities time 14 to appoint a new trustee and arrange for new leases of the1 Rockwell Ranch; and WHEREAS, the present lessees have agreed to continue the existing lease for an additional year on the same terms and conditions as provided for the lease which will expire on April 1, 1977; and . WHEREAS, in the opinion of the Council of the City -of Fort Collins, it is to the best advantage of the City to extend the existing.lease for an additional year period.. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City hereby approves the . extension of the present lease for the Rockwell Ranch with the present lessees for one additional year upon the same terms and conditions as the existing lease; and BE IT FURTHER RESOLVED that the Mayor and City Clerk, be, and they hereby are, authorized and directed to execute a consent to such extension of lease for and on behalf of the City of Fort Collins. I • 470 Passed and adopted at an adjourned meeting of the City Council held this 29th day of March, 1977. i ATTES Mayor City Clerk City Manager Brunton stated the administration is recommending that Mr. Bud Bishopoibe appointed as Trustee for the Rockwell Ranch, subject to the City of Greeley approving the appointment. Councilman Russell made a motion, seconded by Councilwoman Reeves to refer this item to the City Attorney for preparation of a resolution making the appointment. Yeas: Councilmembers.Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Out -Of -City Utility Services Approved Following is the City Manager's memorandum on this item: "At its March 11, 1977, meeting the Fort Collins Water Board reviewed the request of Nancy Bartran and Bernard Cain for sanitary sewer service to a 40-acre tract north of Willox.and west of College Avenue. The above property is not contiguous to the city limits and is within the original boundaries of the West Fort Collins Water District. Therefore, Nancy Bartran and Bernard Cain are only requesting sewer service with the understanding that they will be annexed to the City when their property is contiguous. The Water Board recommended for approval of sewer service, subject to the provisions of Ordinance No. 96, 1972, and the waiver of water service." Councilwoman Reeves made a motion, seconded by Councilwoman Gray to approve the sewer service to this 40-acre tract north of the city limits. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 471 Amendment to Engineering Contract �,• at Fort Collins -Loveland Airport Approved Following is the City Manager's. memorandum on this item: "The Fort Collins -Loveland Airport Board has recommended that M & I, Inc., Consulting Engineers of Fort Collins, Colorado, be retained to do the engineering work on the expansion of the apron parking facilities and the reconstruction of a portion of the existing runway. The expansion of the apron parking facilities was supposed to have been completed with the initial project, but because of a shortage of federal funds the program had to be cut back. The engineering contract is in the form required by the FAA." Mr. Jim Nicols of M & I, Inc. spoke to, the need for the amend- ment. Councilman Bowling made a motion, seconded by Councilwoman Gray to approve the amendment to the Engineering contract with M & I, Inc. and authorize the Mayor and City Clerk to sign the agreement on behalf of the City. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Various.Bid Items in Downtown Redevelopment Project Approved a. Concrete U City Manager Brunton stated two bids were received. The recom- mendation of the staff is to award the bid to Western States Concrete. Councilman Russell made a motion, seconded by Councilman Bowling to award the bid to Western States Concrete. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. b. Mechanical City Manager Brunton stated the low bidder. ,for the mechanical work was George Bargelt of Greeley; the City has .had two previous contracts with Mr. Bargelt. The work on remodeling at the Lincoln Community Center had been a "good job" and the work at Water Treatment Plant No. 2 had been "a very poor job." The City Manager stated further that since the City has a full-time resident engineer and a full- time construction manager on the project, the staff would recom- mend George Bargelt at a sum of $58,455.00. 472 4 a r. 1 c. Asphalt Paving City Manager Brunton stated the low bidder was Flatiron Paving. Councilman Bowling made a motion, seconded by Councilman Bloom to approve the low bid. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and :•7ilkinson. Nays: None. d. Tree Grates City Manager Brunton stated the low bidder was Neenah. Councilman Bowling made a motion, seconded by Councilwoman Reeves to approve the low bid. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. f. Approval of "force account" projects being done by various City Departments City Manager Brunton stated City crews; Light and Power is putting. - in street lights, Parks and Recreation is putting in trees, and Water and Sewer is doing work on connections and Engineering is _ also doing work. The total amount of the project is $175,305.00. Councilman Bowling made a motion, seconded by Councilman Bloom to approve the work by City crews in the amount of $175,305.00. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Citizen Participation a. Dr. Karl Carson of the Lincoln Center Support Group reported that they had been successful in their fund raising project and are able to provide $200,000 for the Lincoln Community Center. b. Andy Anderson, 1401 Skyline Drive, requested Council change its per diem policy and spoke against proposed Charter Amendment No. 5 which would increase Council salaries. C. A proclamation for Pan American Week for the week of April 10, through April 16, 1977 was presented. d. Mayor Wilkinson presented a plaque of appreciation to retiring Trustee of the Rockwell Ranch, Ronald 0. Roberts for 19 years of dedicated service. 473 Report from City Manager a. City Manager Brunton reported the City has been notified' that it will receive an additional $468,000.00 entitlement money from HUD under Community Development Funds.. b. City Manager Brunton stated the City staff will be scheduling two more public hearings on Community Development Funds prior to April 12. C. Word has been received from the U.S. Environmental Protection Agency that under Contract No. 2 a change order has been awarded . for Sewage Treatment Plant No. 2 in the amount of $39,849.00. d. City Manager Brunton advised Council that the old museum has-been fumigated as well as the new museum. The exhibits will be moved by April 10; bids for demolition will be received on April 15 with the opening of the new museumthe first part of June. e. City Manager Brunton complimented Street Superintendent Frank Fisch for the demolition project on the new City Hall site. f. Cost estimates of $44.30 per gross square foot without contingency has been received from the construction manager for the new City Hall from Construction, Inc. Ground breaking is< anticipated for April 18. g. Groundbreaking for the Lincoln Community Center is anticipated forJune 20, 1977. h. The parking lot for Martinez Park is being bid; dedication is anticipated to be the second week in June. i. An all day session has been scheduled at the Holiday Inn --on April 4 on Water Conservation. This meeting is sponsored by the Cities of Fort Collins, Greeley and Loveland. j. The staff has met with _a committee interested in electrical rates; a progress report will be given to the Council in the near future. k. A letter of resignation has been received from Mr. Art Jackson from the Human Relations Commission. 1. The City is advertising for an internal auditor. M. City Manager Brunton presented the award received from -the American Concrete Institute in recognition of architectural concrete achievement for the library. n. City Manager Brunton reported Director of Special Projects Bill Holmes -has received word that the State Board of Agriculture has approved the proposed bike path between Shields and College Avenue. 474 o. City Manager Brunton requested a Council work session on April 12 in the afternoon. Report from City Council on Committees a. Councilman Bowling reported the COG had received word from the Governor that the COG is officially designated as the drought relief Council for Northern Colorado. b. Councilman Bowling reported that the Platte River Power Studyj Committee is charged by the COG to ascertain the validity of i the request of Platte River for a site selection. Public hearings will take place at the COG. c. Councilman Russell reported the annual meeting of the Platte River Power Authority will be held April 21 at the Holiday Inn. d. Councilman Russell read the Provisions of S.B. 76 which address the in lieu of taxes provisions; this proposed amendment would have serious implications for the City. This item might be discussed further at a work session. e. Councilman Suinn reported on a meeting of the 203 Physical Sub-� Committee of the COG. Ordinance Adopted -on Second Reading Amending the Electrical Code *Secretary's Note: This item was reconsidered and tabled later in the meeting. Following is the City Manager's memorandum on this item: "At the March 15, 1977, meeting the City Council adopted Ordinance No..28, 1977, on first reading. Recently the courts held that our present licensing requirement is invalid. Therefore, it is necessary to change our procedures to require registration. The proposed ordinance makes the necessary changes. The City Council decided that the registration fee should;be $15 per year." City Attorney March summarized the ordinance provisions as follows: "The background on this, there was a change in the state law which stated that the legislature determined.that the licensing of electrical contractors was a matter of state-wide concern. There were cases, the first one involving .the City of Denver, the second one involving all home rule cities in state, that were brought by different parties including the State Electrical Board for the purpose of determining whether or not that'decision of the'. legislature was valid. Those cases are now on appeal, but the 475 lower court ruling was that the legislation was valid and that licensing of contractors was a matter of state-wide concern and municipalities could no longer license. This ordinance is a•result of that; one more point, the state law specifically allows registration of electrical contractors and electricians within the municipalities, so this ordinance does -away with the City's former requirements for licensing of electricians in the City and substitutes a provision that all electricians must be . registered with the City. It does away with the old licensing fees that the City had, it substitutes a registration fee in the amount of $15.00 for each class of electrician, it also requires that electrical contractors, and that is defined as a person who contracts for electrical installation, as opposed to. an electrician on the job, all reputable contractors are required to have in..their employ, or be, a licensed master electrician. They are required to file a surety bond in the amount of $5,000. to guarantee that their work will be in accordance with City requirements and they are required to maintain a list of the electricians working on their job with the Building Inspector's Office. There is a companion ordinance that goes with it having to do with occupation tax assessed against electricians in another way,- but that is a different issue." Mr. Kemper Rieffe, spoke in opposition to the ordinance terming it a "tax to work within the City" and added further that he felt this ordinance had been initiated as a revenue raising measure. City Attorney March responded that it is the municipality's job - to keep track of the jobs and make sure that licensed personnel are working on them and that the state will not do that; and that it is not a revenue raising measure, but rather relates to. the cost of monitoring. Councilwoman Reeves made a motion, seconded by Councilman Bloom to adopt Ordinance No. 28, 1977 on second reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves and Suinn. Nays: Council- man Wilkinson. (Councilman.Russell out of room.) Ordinance Tabled to April 19, 1977 Imposing an Occupation Tax on Electrical Contractors Following is the City Manager's memorandum on this item: "Ordinance No. 29, 1977 was adopted on first reading at the March 15 Council meeting. This is a companion to Ordinance No. 28, 1977, repealing the licensing fees but establishing registra- tion fees for electricians. V In his memo to the Council, the City Attorney stipulated that the City could impose an occupation tax on electrical contracting 476 �i businesses in lieu of the licensing fee. The recommended tax of $250 per year was based on the estimated loss of revenue because of inability to license. At the March 15 meeting the Council established the occupation tax at $250 per year effec- tive April 15, 1977." City Attorney March summarized the provisions of this ordinance as follows: "This levies an occupation tax as such and is intended to be a revenue raising measure. It does relate to and the income will go against the operation of the Building Inspec- tion Department. The tax is $250.00 per year and applies to electrical contractors only. Mr. John Guiliano of Jack's Electric spoke in opposition to this ordinance on the basis that a sub -contractor has to pay $250.00 under the ordinance where a general contractor pays $150.00 for a license. Further this tax would be applicable to only electrical contractors and should be uniform for all the trades. Councilman Bloom recommended this item be tabled and that the administration make a report on all licensing provisions. City Attorney March stated this was an emergency measure and the request to have all licenses reviewed is valid. - Councilman Bloom made a motion, seconded by Councilman Bowling to table the second reading of Ordinance No. 29, 1977 to April 19, 1977. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. (Councilman Russell out of room.) Ordinance Adopted on First Reading Annexing the Herring Annexation Following is the City Manager's memorandum on this item: "The Herring Annexation consists of 103.07 acres located on the north side of West Drake Road between the Brown Farm Subdivision and and Willow Lane PUD. The requested zoning is R-L, Low Density Residential District. The enclosed memorandum from our Planning staff explains some of the problems in connection with this Annexation. At the present time the City cannot adequately serve this,area with either water or sewer. Most of this property is outside of the so-called "Blue Line area" where adequate water,pressure can be provided by our City's water utility. The proposed developers came up with two counter proposals. One is to only annex the 15 acres in the northeast portion of their property, and the other. is to annex the entire area with the understanding that the City would work on the utility problems. At its March 14, 1977, meeting, out 477 Fort Collins Water Board indicated that they believe the City would eventually be in a position to provide adequate water service to this area. At the present time any development in this area would be premature. The Planning and Zoning Board recommended for approval of annexation of the entire 103-acre site with R-L zoning conditioned upon the agreement whereby the developer foregoes the right to demand provisions of the City's utility service. The City Attorney's office is presently working with the attorney for the developer in order to formulate an agreement which will recognize that water service is not now available and provide a format for furnishing such service in the future. It is anti- cipated that this agreement will be ready by the time this ordin- ance is presented on second reading. A copy .of the draft of the proposed agreement which was submitted by the developer is enclosed with the agenda for your comments,. but this is not submitted as the final agreement." A representative of the Wheeler Realty Company and developer of the area stated they desired annexation and were willing to work with the City on water and sewer services. Director of Water and Sewer Utilities spoke -to the developer's indication that they would be willing to contribute toward a pumping system without elevated storage, and there are currently water pressure problems in that area. Councilmembers discussed the "Blue Line" area and the capacity of the existing sewers in the area, and the established Foothills Policy. City Attorney March pointed out the administration would'' propose to have the agreement finalized prior to second reading. Councilman Bowling made a motion, seconded by Councilman Bloom to adopt Ordinance No. 34, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Reeves, Russell and Wilkinson. Nays: Councilmembers Gray and Suinn. Councilman Suinn requested the administration initiate steps for defining the City Limits. City Manager Brunton stated this would be done. Ordinance Adopted on First Reading Zoning the Herring Annexation Following is the City Manager's memorandum on this item: "This Ordinance will zone the Herring Annexation R-L in accord- ance with the recommendation of the staff and the Planning and Zoning Board." 478 Councilman Bowling made a motion, seconded by Councilman Russell tb adopt Ordinance No. 35, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: Councilwoman Gray. Ordinance Adopted on First Reading Zoning Part of the Horsetooth South Mesa Annexation Following is the City Manager's memorandum on this item: "Ordinance No. 27, 1977, zoning 24.75 acres H-B located between the Colorado and Southern Railroad tracks and College Avenue, is up for consideration on second reading. The remaining 64.45 acres in this Annexation lies west of the tracks. The November 17, 1976, memorandum from our Planning staff describing the action taken at the November 8, 1976, Planning and Zoning Board meeting was included with the former Horsetooth South Mesa zoning. The recommendation is for R-P for the 10.68 acres in the south- east corner of the property, R-L-M for the 10.67 acres in the middle, and R-L-P for the remaining 43.1 acres located to the _ west and north." Councilwoman Reeves made a motion, seconded by Councilman Russell to adopt Ordinance No. 36, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Spring Creek Plaza PUD Preliminary Plan Approved Following is the City Manager's memorandum on this item: "At its March 15, 1977, meeting the City Council considered the - Preliminary Plan of Spring Creek Plaza PUD. This PUD was reported to be 2.3 acres zoned B-P, Planned Business District, located on the southwest corner of South Shields and West Stuart Streets. The Preliminary Plan was discovered to be less than two acres. This diminishing of acreage was caused by the exclusion of the surrounding streets (either in right of way or easements) that were included in the original rezoning. Therefore, at the present time this is not a legal PUD to be considered by the City of Fort Collins. Our City Attorney advises us that the petitioner canr,do one of two things: 1) revise the Preliminary Plan to include the:easements for the surrounding streets which would bring it above two acres; or 2) ask the Zoning Board of Appeals for a variance for the 2- acre requirement for a PUD. In either case the City cannot act on this Preliminary Plan.,'.' 479 -City -Attorney March stated the memorandum pointed out that the ' plan'as previously presented does not contain the necessary two acres and would require a variance, also the land.in question which was rezoned included some land which is the right of way for an adjoining street. City Attorney March stated he did feel the plan is valid. The petitioner had requested Council act on the revised plan. City Manager Brunton read a letter from Jerry Moore requesting withdrawal of the Heritage Square Rezoning petition. The architect and planner on this plan stated the gas.pump station has been deleted from the site. Councilman Bowling made a motion, seconded by Councilman Russell to approve the Spring Creek Plaza PUD Preliminary Plan. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Hearing and First Reading of Ordinance No. 37, 1977, Heritage Square - West =f_ Stuart Street Rezoning - Petition Withdrawn .Ater City Manager Brunton read the following letter into the record•` Subject: B-P Rezoning Petition ;4 6.02 Acre Site - Heritage Square, Ltd. Property , Fort Collins,'Colorado Dear Mr. Kaplan: Please consider this letter as official notification of my request to withdraw the captioned petition. truly Qyours, v Jer S. M re, General Partner Heritage Square, Limited iiayor Wilkinson stated this iten has officially been w_thdraw•n. 480 Highlander Heights Subdivision 13th Filing„ Preliminary Plat Approved Following is the City Manager's memorandum and recommendation on this item: "The. Geriatrics, Inc., and Harling - East Elizabeth Street Rezoning consists of 2.75 acres located on the north side of East Elizabeth Street east of Lemay. At its February 15, 1977, meeting the City Council voted unanimously to approve the preliminary plans. for the East Elizabeth Medical PUD. At this time the 2.75 acre site is zoned I-G, General Industrial District, C, Commercial, and B-L, Limited Business District. The request is to rezone all three of these former zones to B-P, Planned Business District. The Planning and Zoning Board again has reiterated that they would like the Council to consider the entire rezoning in the area that was discussed at the time of the Hyder rezoning request. They believe it would be better to handle this requested rezoning and other rezonings on an overall comprehensive basis rather than piecemeal. In any case, they feel this 2.75-acre site should be rezoned. Recommendation: The Administration recommends that Ordinance No. , 77 be adopted on first reading." 1 Attorney Tom Metcalf representing the applicant stated this item ' had been tabled at the applicants request so that the ownership of the area could be clarified; petitions had been circulated to the residents of Yount Street, which indicated they did not wish the reservation for access -on Yount Street. Mr. Stan Hoverfield, 1409 Yount Street, spoke in.opposition to a lot being reserved for a future street. Councilman Russell made a motion, seconded by Councilman Bowling to remove this item from the table for consideration. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. City Attorney March stated this land is now zoned R-L and there is no requirement that it be rezoned. Councilman Bloom made a motion, seconded by Councilman Russell to approve the Highlander Heights Subdivision, 13th Filing, Pre- liminary Plat as presented by the petitioner. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. I 481 Decision of Zoning Board of Appeals on 1531 Rolf Court Overruled Following is the City Manager's memorandum and recommendation on this item: "Included in the agenda is the application by Osprey Homes for a variance from the zoning ordinance in connection with a home being constructed on Lot 40 in the Stonehenge Second Filing at 1531 Rolf Court. The Building Inspector's office considered this. a reverse frontage lot because houses on adjoining lots face the street on either side of this corner lot. If this is a reverse corner lot, Section•118-82 B (5) would appear to require a 30- foot setback on both street sides of the lot. The Zoning Board of Appeals turned down this request for a variance apparently on the basis that they felt such lots should not be allowed to . be platted and this should be caught during the subdivision process. The zoning ordinance does not contain a description of a reverse frontage lot. The City Attorney feels that this is not a reverse corner lot since the zoning ordinance defines the front lot line as the narrowest street lot line, and this house will face on the front line as determined by this definition. After consideration, the Administration feels that the provisions of the zoning ordinance relating to reverse frontage lots are not meaningful particularly since the zoning ordinance requires a 15- foot setback on aside street lot.. The Administration. is., there- fore, recommending that the provisions of the zoning ordinance relating to reverse frontage lot requirements be repealed. An ordinance has been prepared which is the next item in the agenda which would accomplish this. In order to dispose of this matter.' it is the Administration's recommendation that the decision of. the Zoning Board_of_Appeals -be-reversed and the variance be granted so that construction on this lot can begin in accordance with the plans before the proposed ordinance change is completed." City Attorney March stated that the Administration might come back with a further recommendation on the "reverse corner lot" situation, but the recommendation now is to.delete that section of the ordinance. Mr. Frank Vaught, representing Osprey Homes, stated.he wished to appeal the decision of the Zoning Board of Appeals, because there were no protests from adjacent property owners, and that he felt that action should be taken to require that final plats show building envelopes especially on corner lots. Zoning Board of Appeals Boardmember, John Reid, stated he had voted -against the variance as he felt there was no hardship. Councilman Bowling made a motion, seconded. by Councilwoman Reeves to overrule the decision of the Zoning Board of Appeals and grant the variance. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn'.and Wilkinson. Nays: None. 482 Ordinance Adopted on First Reading Repealing Section 118-82 B (5) of 4 / the Zoning Ordinance Following is the City Manager's memorandum on this item: "This Ordinance is submitted as indicated in the previous memoran- dum relating to the appeal from the decision of the Zoning Board of Appeals." Councilman Bowling made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 39, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: Councilman Russell. Ordinance Adopted on First Reading Amending the Zoning Ordinance Relating to Landscape Requirements for a Planned Unit Development Following is the City Manager's memorandum on this item: •I "That portion of the zoning ordinance dealing.with Planned Unit Developments requires filing of a landscaping bond at the time of approval of the PUD. This may not be reasonable in cases where the actual development does not take place until some time after the PUD is approved. A more reasonable requirement would be to require the bond when construction of improvements begins. Such a requirement would adequately protect the City's concerns. Also, the current ordinance requires a bond in the amount of ' 125% of the cost of the improvements and for two years thereafter to guarantee maintenance. This would appear to be an excessive requirement insofar as it pertains to maintenance of landscaping. The enclosed ordinance will make the following changes: 1. The bond would not have to be filed until time of issuance of building permit. 2. The bond guaranteeing maintenance is reduced to 25% of. the cost of the landscaping." Councilman Bowling made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 40, 1977 on first reading. Yeas: Council - members Bowling, Gray, Suinn and Wilkinson. Nays: Councilmembers Bloom, Reeves and Russell. Ordinance Adopted on First Reading Rezoning. - Geriatrics, Inc., and Harling - East Elizabeth Street and Preliminary Plans Approved Following is the'City Manager's memorandum on"this item: "The Geriatrics, Inc., and Harling - East Elizabeth Street Rezoning consists of 2.75 acres located on the north side of East Elizabeth Street east of Lemay. At its February 15, 1977, meeting the City Council voted unanimously to approve the preliminary plans for the East Elizabeth Medical PUD. 483 At this time.the 2.75 acre site is zoned I-G, General Industrial _.District, C, Commercial, and B-L, Limited Business District. The request is to rezone all three of these former zones to B-P, ( Planned Business District. The Planning and Zoning-- Board again has reiterated that they would like the Council to consider the entire rezoning in the area that was discussed at the time of the Hyder rezoning request. They believe it would be better to handle this -requested rezoning and other rezonings.on an overall compre- hensive basis rather than piecemeal. In any case, they feel this 2.75-acre site should be rezoned." Petitioner, O.K. Sherwood, stated he was disappointed that the preliminary plans for the PUD did not appear on tonight's agenda. Director of Planning Les Kaplan stated the utility plans have not been submitted for approval. Councilman Suinn made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 38, 1977 on .first reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Council then considered the preliminary plan for the East Elizabeth Medical PUD. Planner II Paul Deibel stated -the Planning and Zoning Board had recommended approval with a list of conditions; one being the utility plans. Councilwoman Gray made a motion, seconded by Councilman Bloom to, approve the preliminary plans for the East Elizabeth Medical PUD: subject to all requirements. Yeas: Councilmembers Bloom, Bowling,:,z� Gray, Reeves., Russell, Suinn and Wilkinson. Nays: None.i Replat of Lot 2, Block 64 's .e City of Fort Collins, Approved fro Following is the City Manager's memorandum on this item: "Lot 2,.Block 64 is located at 3151,North Sherwood between Sycamore and Cherry Streets. It is zoned R-H. The Renlat is to divide the existing lot into two lots. Under our new adopted landscape ordinance, the developer is required to -provide a site landscaping plan for any development on the proposed lots. The Planning and Zoning Board at its March 14, 1977, meeting recommended unanimouslyT"k for approval subject to meeting several technical conditions. The developer has agreed to all of these requirements." Planner II Paul Deibel stated the recormendation was to approve the replat subject to having the attorney's signature on the plat. Councilman Bowling made a motion, seconded by Councilwoman Gray to approve the replat of Lot 2, Block 64, City of Fort Collins subject to the attorney signing the plat. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 484 19th Green PUD, Revised Master Plan Planning and Zoning Recommendation Endorsed Following is the City Manager's memorandum and recommendation on! this item: _.. "The 19th Green PUD consists of 510 units located on 160 acres east of Long Pond on County Road 11. This property is one and a half miles northeast of the city limits. At its March 7, 1977, meeting the Planning and Zoning Board recommended to the Larimer County Planning Commission that the property be down zoned. At its March 9 meeting the Commission, by a four to one vote, supported our Board recommendation for down zoning. They recommended that the property be rezoned from R-Residential to FA1-Farming zone. The R zone allows densities of four units per acre, and the FA1 zone allows one-half unit per acre. The FA1 zone would allow only approximately eighty units on the site rather than the requested 510. The Larimer County Planning Commission's initiated rezoning will be officially considered by the Commission at their April 13 regular meeting. Our Planning and Zoning Board recommended that this matter be referred to the City Council. Recommendation: The Administration recommends that the City Council endorse the recommendations of the Planning and Zoning Board and Larimer County Planning Commission and recommend that the Larimer County Planning Commission and the Larimer County Commissioners approve the rezoning of the aforementioned property from R to FA1." Councilman Suinn made a motion, seconded by Councilwoman Gray to strongly endorse the recommendation of the administration. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None, Amendment to Harvard Subdivision Second Filing PUD Approved Following is the City Manager's memorandum on this item: "The Harvard Subdivision Second Filing PUD consists of 0.7 acres zoned H-B, Highway Business District, located on the southwest corner of Harvard Street and South College'Avenue. The present Second Filing provides for a muffler shop and a fast-food chicken restaurant on this corner lot. The revision substitutes a donut shop instead of a muffler shop. In January the Planning and Zoning Board unanimously recommended denial of the original plan for reasons listed in'the attached memorandum. At their March 14 meeting,"the :Board recommended for approval with the revision subject to the conditions also listed in the attached memorandum. All of the conditions have been agreed upon by the applicant." 485 0 0 Councilman Bowling made a motion, seconded by Councilman Russell to approve the amendment to Harvard Subdivision, Second Filing PUD. Yeas: Councilmembers Bloom, Bowling, Gray,. Reeves, Russell, Suinn and Wilkinson. Nays: None. Other Business a. City Attorney March stated this item was previously adopted on second reading by the Council at this meeting;; (Ordinance No. 28, 1977).since Ordinance No. 29, 1977 had been tabled to April 19 he requested reconsideration of this item. 'Councilwoman Gray made a motion, seconded by Councilwoman Reeves to reconsider action on Ordinance No. 28, 1977. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Councilwoman Gray made a motion, seconded .by Councilwoman Reeves to table second reading of Ordinance No. 28, 1977 to April 19, 1977. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. b. Resolution Adopted Authorizing the City Manager to Enter Into Agreements With the State Department of Highways, Division of Highways, State of Colorado V Following is the City Manager's memorandum on this item: "Although we have not yet been assigned a project number, we would like to proceed with the engineering and environmental impact statement for the extension of Lemay Avenue north from Riverside Drive to Lincoln Avenue. We recommend that the Council adopt the enclosed resolution." City Clerk Verna Lewis read the resolution at length. Councilwoman Reeves made a motion, seconded by Councilman Russell to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 486 RESOLUTION 77-26 1 OF THE. COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO WHEREAS, the City of Fort Collins is eligible for assistance through the Federal Urban Systems Program; and WHEREAS, the City has applied for such assistance in connection with the following project: Project No. Description Preliminary engineering and environmental impact statement for the extension of Lemay Avenue north from Riverside Drive to Lincoln Avenue and WHEREAS, it will be necessary for the City to enter into agreements between the City and the State Highway Department; and WHEREAS, the City Council desires to authorize the City Manager to execute such agreements. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager and the City Clerk be, and they hereby are, authorized and directed to execute agreements between the City, and the State Department of Highways, Division of Highways, State of Colorado, pertaining to the projects described above, after the form of such agreement has been approved by the office of the City Attorney. Passed and adopted at an adjourned meeting of the City Council held this 29th day of March A.D. 1977.. ATTEST: Mayor , W City Clerk 487 0 1 Participation With Colorado Municipal League Disapproved Following is the City Manager's memorandum on this'item: "Inadvertently the request for consideration of the Colorado Municipal League to financially participate in the objection to the proposed Mountain Bell rate increase was left off the agenda. Enclosed is a copy of the March 14 memorandum. If we participate, the 4 cents per capita assessment would amount to between $2,000 and $2,500. It is recommended that we authorize participation in this action and fund it through the General Fund, Contingency Account." Councilwoman Gray made a motion, seconded by Councilwoman Reeves that -the Council participate with the Colorado Municipal League in the objection to the proposed Mountain Bell rate increases including the assessment. Yeas: Councilmembers Gray, Reeves and Suinn. Nays: Councilmembers Bloom, Bowling, Russell and Wilkinson. d. City Manager Brunton stated he has had an inquiry on the street light installation in District No. 71. The minutes of March 2, 1977 had been checked and the lights are being installed as directed by the Council. City Manager Brunton stated a 41 further.report would be made at the April 12, 1977 work session. t. e. Councilman Bowling inquired into the 30 day reservation requirement for using the Library facilities.. City Manager Brunton stated this report would come back at a future work session. f. Councilman Bowling inquired if the administration had met with the residents of;the 1400 block of South College concerning the possible rezoning of the area. City Manager Brunton stated this item would be presented on the April 12, 1977 work session. g. Councilwoman Gray stated the Colorado Handicapped Workers, Inc. are still operating in this community. She felt Council should talk about the level of enforcement on telephone solicitation. City Attorney March stated the legal staff would report back. 488 ,l Adjournment Mayor Wilkinson declared the meeting adjourned to April 12, 1977 at 1:30 p.m. The meeting adjourned at 10:30 p.m. ATTEST: Ci ler c ' 489