HomeMy WebLinkAboutMINUTES-02/01/1977-RegularFebruary 1, 1977 .
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council - Manager Form of Government
Regular Meeting - 5:30 P.M.
A regular meeting of the Council of the City of Fort Collins was
held on Tuesday, February 1, 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
and Wilkinson.
Absent: Councilman Suinn.
Staff Members Present: Brunton,Bingman, Deibel, LeValley, Holmes,
McGraw, Webber, Wood, Liley, Kaplan and -
Lewis.
Also: City Attorney Arthur March, Jr.
Approval of the Minutes of the Regular Meeting
' of January 18, 1977 Tabled to February 15, 1977
Mayor Wilkinson stated that since the minutes were not available
for review, consideration would be held over to the February 15,
1977 meeting.
Ordinance Tabled on Second Reading
Zoning the Suitts First Annexation =
Following is the City Manager's memorandum on this item:
"Ordinance No. 1, 1977, was adopted on first reading at the
January 4, 1977, City Council meeting. At the January 18, 1977,
meeting, the second reading of this ordinance was tabled until
February 1.
This ordinance provides for the zoning of 68.3 acres located on
the south side of the Poudre River between Highway 14 and Prospect
Street for I-P, Planned Industrial District Zoning. Mr. Suitts
agreed to dedicate the right of way along the Poudre River for a
trails program. The City is also negotiating with Mr. Suitts to
purchase a tract of land on the site for open space. However, the
owner has not yet received his appraisal of this land. Until the
appraisal is received, we cannot arrive at a final purchase price.
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The City Council indicated they did n'dt want this ordinance
passed on second reading until the right of way or dedication
of the Poudre River trail and acquisition of the additional
property was accomplished. It is highly unlikely that this will
be completed before February 1. However, this matter should be
brought up and officially tabled."
Attorney Timothy Hassler, representing the petitioner, stated the
petitioner has no objections to the tabling.
Councilman Russell made a motion, seconded by Councilwoman Reeves
to table the second reading of Ordinance No. 1, 1977 to the
regular meeting of February 15, 1977. Yeas:' Councilmembers
Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None.
Ordinance Adopted on Second Reading Amending the
Traffic Code Relating to Traffic and Parking Meter Rates
Following is the City Manager's memorandum on this item:
"At the January 18, 1977, meeting the City Council adopted
Ordinance No. 4, 1977, on first reading. This ordinance provides
for the increasing of parking meter rates.
At the present time the rate is 5 cents per hour. The new rate
would be 10 cents per hour and 5 cents per half-hour. The new
ordinance will not become effective until April 1, 1977."
Councilwoman Reeves made a motion, seconded by Councilman Russell
to adopt Ordinance No. 4, 1977 on second reading. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson.
Nays: None.
ORDINANCE NO, 4 , 1977
BEING AN ORDINANCE AMENDING SECTION 114-75(A)
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO TRAFFIC AND PARKING.METER RATES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Section 114-75(A) of the Code of the City of
Fort Collins be, and the same hereby is, amended'to read as follows:
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"A. No person shall park a vehicle in any parking space
upon a street alongside of and next to which a parking
meter has been installed during the restricted and
regulated time applicable to the parking meter zone
in which such meter is located unless a coin or coins
of United States currency as hereafter provided shall
have been deposited therein or shall have been pre-
viously deposited therein for an unexpired interval
of time, and said meter has been placed in operation.
The following coin or coins shall be required for periods
of time as follows:
Thirty (30) minutes . . . . .Five Cents (5�)
One Hour. . . . . . . . . . .Ten Cents (1W)
Two Hours . . . . . . . .Twenty Cents (20t)
Section 2. The effective date of this ordinance shall be April 1,
1977.
Introduced, considered favorably on first reading, and ordered
published this 18th day of January , A.D. 1977, and.to be
presented for final passage on the 1st day of February ,
A.D. 1977.
' Mayor
ATTEST:
Ci 41e rk
Passed and adopted on final reading this 1st day of
February A.D. 1977.
ATTEST:
City Clerk
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First Reading:
Second Reading:
Dates Published:
Attest:
City Clerk
January 18, 1977
February 1, 1977
January 23, 1977
(Vote: Yeas: 6, Nays: 0)
(Vote: Yeas: 6, Nays: 0)
and February 6, 1977
Ordinance Adopted on Second Reading Relating
to the Use of Plastic Drainage Systems
Following is the City Manager's memorandum on this item:
"At its ,January 18, 1977, meeting, the City Council adopted
Ordinance No. 5, 1977, on first reading.
This amendment has been recommended by the Plumbing Code
Committee of the Building Board of Appeals and allows the use of
ABS and PVC plastic drain systems on all residential construction
not more than two stories in height."
Councilman Bloom made a motion, seconded by Councilwoman Gray
to adopt Ordinance No. 5, 1977 on second reading. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson.
Nays: None. '
ORDINANCE NO. 5 , 1977
BEING AN ORDINANCE AMENDING SECTION 401 (a) (2)
OF THE UNIFORM PLUMBING CODE
RELATING TO THE USE OF PLASTIC DRAINAGE SYSTEMS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Section 401 (a) (2) of the Uniform Plumbing Code
heretofore adopted and incorporated into the Code of the City of
Fort Collins be, and the same hereby is, amended to read as follows:
"(2) ABS and PVC plastic drainage systems are limited
to residential construction not"more: than two (2)
stories in height,"
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Introduced, considered favorably: on first reading, and ordered
published this 18th day of January . , A.D. 1977, and to be
presented for final passage on the 1st day of February , A.D. 1977.
ATTEST:
Ci y. Clerk
Passed and adopted on final reading this 1st day of February
A.D. 1977.
yor
ATTEST:
City C erk ,,
First Reading: January 18, 1977 (Vote: Yeas: 6, Nays: 0)
Second Reading: February 1, 1977 (Vote: Yeas: 6, Nays: 0)
Dates Published: January 23, 1977 and February 6, 1977
Attest:
City Clerk
Ordinance Adopted on Second Reading Amending
the Traffic Code in Regard to Traffic and Speed Limits
Following is the City Manager's memorandum on this item:
"Ordinance No. 6, 1977, was adopted on first reading at the
January 18, 1977, City Council meeting.
The purpose of this amendment is to reduce speed limits in
certain residential areas of the city. The Code would be revised
by substituting 25_ miles per hour for 30 miles per.hour speed
228
limits for all streets in the city except, where otherwise posted.
Arterial and collective streets are posted."
Mrs. Linda Daniel, 2106 Constitution, speaking for the residents
of Village West/Lexington Green, spoke in favor of this ordinance.
Councilwoman Gray made a motion, seconded by Councilman Bowling
to adopt Ordinance No. 6, 1977 on second reading. Yeas: Council -
members Bowling, Gray, Reeves, Russell and Wilkinson. Nays:
Councilman Bloom.
ORDINANCE NO. 6 , 1977
BEING AN ORDINANCE AMENDING SECTION 114-19 (B)'(4)
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO TRAFFIC AND SPEED LIMITS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Section 114-19 (B) (4) of the Code of the City of Fort
Collins be amended, and the same hereby is, to read as follows:
"(4) On all other streets of the City not specifically
posted, the applicable speed limit shall be twenty- '
five (25) miles per hour."
.Introduced, considered favorably on first reading, and ordered
published this 18th day of January A.D. 1977, and to be
presented for final passage on the 1st day of February , A.D. 1977.
ATTEST:
Ci.y Clerk
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Passed and adopted on final reading this 1st day of February
A.D. 1977.
ATTEST:
City Clerk
First Reading:
Second Reading:
Dates Published
Attest:
January 18, 1977
February 1, 1977
January 23, 1977
r�c�r.� ;
City Clerk
(Vote: Yeas: S, Nays: 1)
(Vote: Yeas: S, Nays: 1)
and February 6, 1977
Ordinance Adopted on Second Reading Assessing
Cost of Improvements in Street Improvement District No. 70
Following is the City Manager's memorandum on this item:
"At its January 18, 1977, meeting, the City Council adopted
Ordinance No. 7, 1977, on first reading.
Street Improvement District No. 70 is located on Swallow Drive from
College Avenue west to the Colorado and Southern railroad tracks.
The public hearing on this District was also held at the January 18
meeting, and there were no objections to the assessment costs."
Councilwoman Reeves inquired into the anticipated date that Frontage
Road would be completed in that area. City Attorney March stated
it is progressing and to a large degree it has been a question of
waiting for building permits to be applied for and having the
road put in, in connection with that. City Manager Brunton stated
that at some stage special assessment might be required, because
voluntary compliance does not get the job done.
Councilwoman Gray made a motion, seconded by Councilman Russell
to adopt Ordinance No. 7, 1977 on second reading. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson.
Nays: None.
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ORDINANCE NO. 7 , 1977
BEING AN ORDINANCE ASSESSING THE COST OF IMPROVE-
MENTS IN STREET, WATER AND SANITARY SEWER DISTRICT
NO. 70 AND PROVIDING FOR THE PAYMENT AND COLLECTION
THEREOF
-WHEREAS, heretofore by appropriate ordinances and
resolutions duly adopted by the Council of the City of Fort
Collins, there was established Street, Water and Sanitary -
Sewer District No. 70 for the purpose of installing water
mains, sanitary sewer mains, and street improvements to
benefit certain property in the City, all pursuant to Chapter
16 of the Code of the City of Fort Collins; 'and
WHEREAS, pursuant to said ordinances and resolutions,
said improvements have been installed and accepted by the
City of Fort Collins, Colorado; and
WHEREAS, upon accepting said improvements, the City
Council adopted the report of the City Engineer respecting
the cost of such improvements and the schedule of assessments
prepared by the City Engineer and ordered notice to be
published as provided in Chapter 16 of the Code of the City
of Fort Collins, which said notice was duly published as
therein provided; and
WHEREAS, January 18, 1977, is the date set for the
hearing of complaints and objections and the determinations
of the same and for acting upon an ordinance assessing the
cost of such improvements; and
WHEREAS, all .complaints and objections in writing filed
by property owners within the District have been considered
by the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Section 1. That the total cost of the improvements in
Street, Water and Sanitary Sewer District No. 70, including
the cost of engineering, legal, publication, interest during
construction and collection, to -wit: $66,.073.67, less the
portion of said cost to be paid by the City; of Fort Collins,
to -wit: $6,762.57, is hereby assessed upon the real estate
in said District in accordance with the provisions .of Chapter
16 of the Code of the City of Fort Collins, and'the proportion
of said costs assessed upon each lot or tract of land in
said District shall be as follows:
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• - CCNSOLIDATED IMPROVEI=T DISTRICT NO. 70 ASSESSMENT ROLE -
NAME AND ADDRESS
DESCRIPTICN
MWAGE ASSESSMENT
TOTAL 1
IN FEET RATE PER
FOOT
ASSESSMENT
Williams, Edna P/Jack H
Lot 1, Swallow Replat, Fort Collins.
200.00 $44.13804
$ 8,827.61
Box 930
Fort Collins, Colorado 80522
Credit existing curb & gutter
-1,320.00
97261-25-001.
=
$ 70507.61
Williams, Edna P'
.Lot 3, Swallow Replat, Fort Collins.-
493..41 $44.13804 —
$21,778.15
Box 930
Fort Collins, Colorado 80522,
97261-25-003
_
Call ll,'Edward P/Karen L
Tr in NFr, 26-7-69 Begat pt wh is inter of
680.26 $44.13804
$30,025.34'
3003 S. College
S In of sd NF% and wrly R/W In of Colo St Hwy
-
Fort Collins, Colorado 8052i
4I also known as US Hwy #287; th nrly alg sd
M
97260-00-029
wrly M1 In 210 ft to POB; th nrly alg sd
-
{I
wrly P,/W In 202 ft; th wrly para with S In of
sd M4 450 ft; th srly on In para with sd wrly
R/W In 202 ft to pt 210 ft N of sd S In of
sd N5-4; th erly alg In pars with S In of sd
.I'
NE; 450 ft to POB. Also tr in NE; 26-7-69
beg at E 1/4 cor of said section.26; t2i_
^
N 0 19' 0" E 210 ft, N 89 43' 0" W 500 ft to
iJ
POB; th N 0 19' 0" E 202 ft, N 89 43' 0" W
1
343.29 ft, S 02 02' 0" W 373.21 ft,.N 64 39'
_.
40" E 393.20 ft to POB.
TOTAL
$59,311.10
City
of Fort Collins
:
$ 6,762.57
TOTAL PROJECT cG,rsmucrlav COST
$668013.67
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Section 2. All assessments herein provided for shall t.
be due and payable within thirty (30) days after the final
publication of this ordinance, without demand, provided.that
all such assessments may, at the election of the owners of
the property assessed, be paid in ten (10) equal installments,
the first installment being due on the first day of February,
1978, and on the first day of February of each year there-
after until the full amount thereof has been paid, together
with interest on the unpaid principal at the rate of six
percent (68) per annum, said interest to be payable at the
time of the principal payments. Failure to pay the whole of
such assessment within thirty (30) days as aforesaid shall .
be conclusively considered and held as an election on the
part of the persons interested, whether under disability or
otherwise, to pay in such installments.
Section 3. In the case of election of any person to
pay in installments as aforesaid, the failure to pay any
installment when due, whether on principal or .interest_,
shall cause the 0whole of the unpaid principal to become due
and payable immediately and the whole amount of unpaid prin-
cipal and accrued interest shall thereafter draw interest at
the rate of one percent (1%) per month until the date of.
sale as hereinafter provided; provided, however, that at any
time prior to the date of sale, the owner of the property
assessed may pay the amount of all unpaid and due install-
ments, together with all interest that has accrued as afore-
said, and all penalties accrued, and upon such payment shall
be restored to the right to pay the installments in the same
manner as if the default had not occurred. The owners of
any property not in default as to any installments or payments
may at any time pay the entire unpaid balance of principal,
together with interest accrued thereon, to the first day of
the month following such payment.
Section 4. Payments may be made to the Director of
Finance at any time within thirty (30) days after the final
publication of this ordinance and.in such event .an allowance,
of five percent (5%) as a discount shall be made on all
payments during such period only.
Section 5. In case of the default in the payment of
any installment of principal or interest when due, all
property concerning which such default is suffered shall be.
advertised by the County Treasurer and sold for the payment .
of the entire unpaid assessment thereon at the same -,.time or
times and in the same manner under all the same conditions.
and penalties and with the same effect as provided bylaw
for the sale of real estate in default of the payment of
general taxes, all as provided by Chapter 16'of the Code of
the City of Fort Collins.
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Section 6. The Director of Finance shall -_prepare the
foregoing assessment roll in proper form as provided in
Chapter 16 of the Code of the City of Fort Collins, and
shall keep a record of all payments made during the thirty -
day period after the final publication of this ordinance and
upon the expiration of said thirty -day period, he shall
deliver said assessment roll to the County Treasurer of
Larimer County with his warrant for collection of the same,
all as provided in Chapter 16 of the Code of the City of
Fort Collins.
Section 7. All collections made by the County Treasurer
on said assessment roll in any calendar month shall be
accounted for and paid over to the Director of Finance on
the first day of each and every month with of
statements
for all such collections for each month in the same manner
as general taxes are paid by the County Treasurer to the
City.
Section 8. The owner of any divided or undivided
interest may pay his share of any assessment upon producing
evidence of the extent of his interests satisfactory to ,the
officers having the roll in their charge.
Section 9. If any property owner eligible therefor is
granted a deferment from the assessments made by this ordin-
ance pursuant to the provisions of Ordinance No. 106, 1973,
then the lien created on such owner's property by this
ordinance shall remain in full force and effect, but the
' same shall not be due or payable until the deferment granted
pursuant to Ordinance No. 106, 1973 has expired.
Introduced, considered favorably on first reading, and
ordered published this 18th day of January, A.D. 1971, and ..
to be presented for final passage on the 1st day of February,
A.D. 1977.
Mayor
ATTEST:
Ci'ry Clerk
Passed and adopted on final reading this 1st day of
February, A.D. 1977.
Mayor
ATTEST•
' City' -Clerk 234
First Reading:
Second Reading:
Dates Published
Attest:
City Clerk
January 18, 1977
February 1, 1977
January 23, 1977
,(Vote: Yeas:
jVote: Yeas:
and February 6,
6, Nays: 0)
6, Nays: 0)
1977
Ordinance Adopted on Second Reading Amending
the Zoning Ordinance to Provide for an Additional
New Transition Zone
Following is the City Manager's memorandum on this item:
"Ordinance No. 8, 1977, was adopted on first reading at the
January 18, 1977, City Council meeting.
The purpose of this new T, Transition Zone is to provide a type
of interim zoning prior to the time when the property is ready
for development. Under present regulations, any property annexed
to the city must be zoned within ninety days. This requires the
property owner to request a designation before such owner is
prepared to begin development or before alternate development
plans are known. It also requires the City to forecast the proper
development to such area before they are ready for development.
The Planning and Zoning Board, after reviewing the matter, recom-
mended for approval of the ordinance."
Councilwoman Reeves made amotion, seconded by Councilwoman Gray
to adopt Ordinance No. 8, 1977 on second reading. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson.
Nays: None.
ORDINANCE NO. 8 , 1977
BEING AN ORDINANCE AMENDING CHAPTER 118 OF THE
CODE OF THE CITY OF FORT COLLINS (THE ZONING
ORDINANCE) BY ADDING AN ADDITIONAL ZONE
BE IT ORDAINED BY THE COUNCIL OF THE CITY•OF FORT
COLLINS:
Section 1. That Section 118-31 of the Code of,, the City
of Fort Collins be, and the same hereby is,•amended`',by
adding thereto an additional subpart "S" as follows.
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"S. T Transition District."
Section 2. That Chapter 118 of the Code of the City of
Fort Collins be, and the same hereby is, amended by adding
thereto an additional Section 118-74 after the existing
Section.118-73, as follows:
"S 118-74. T Transition District.
"This designation is for properties which are in a
transitional stage with regard to ultimate development.
"A. Uses permitted. No use shall be permitted of
properties in this district except such use as existed
on the date the property was placed in this zoning
district. No permanent structures shall be constructed
on any land in this zoning district, provided that the
Zoning Board of Appeals may give a variance permitting
installation of a permanent structure to be used in
connection with the use of the property at the time the
property was placed in this zoning district.
"B. Change of zoning. The owner of any property
in this zoning district may at any time petition the
City to remove the property from this zoning district
and place it in another zoning district under the
zoning ordinance. Any such petition shall be referred
to the Planning and Zoning Board to be considered at
the next regular meeting of such board which is scheduled
at least fifteen (15) days from the date the petition
is filed with the City Clerk. Within sixty (60) days
from the date the matter is considered by the Planning
and Zoning Board, the City Council shall change the
zoning for the property in question to another zoning
district authorized under this ordinance."
Introduced, considered favorably on first reading, and
ordered published this 18th day of January, A.D. 1977, and to
be presented for final passage on the 1st day of February,
A.D. 1977. -"—
ATTEST:
City Clerk
M I'll M
R/Mr-w �
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Passed and adopted on final reading this 1st day_of
February, A.D. 1977.
ATTE
City Clerk
First Reading:
Second Reading:
Dates Published
Attest:
ity Clerk
January 18, 1977
February 1, 1977
January 23, 1977
(Vote: Yeas: 6, Nays: 0)
(Vote: Yeas: 6, Nays: 0)
and February 6,. 1977
Ordinance Adopted on First Reading Annexing
the Suitts Second Annexation
Following is the City Manager's memorandum on this item:
"At the January 4, 1977, meeting, the City Council adopted the
ordinance annexing the Suitts First Annexation on second reading.
This First Annexation consists of 68.3 acres. The Second Annexa-
tion consists of 71.2 acres. The second reading of the zoning
of the Suitts First Annexation is being held up pending the final.
acquisition of the right of way,for the trails program along
the Poudre River and the purchase of a piece of land for part
of the trails in the Poudre River development program. Mr. Suitts,
however, has requested that we proceed with the annexation of the
second part of his property.
Mr. Suitts originally requested I-G, General Industrial District
Zoning. He subsequently revised his request to I-P, Planned
Industrial District Zoning, for the First Annexation. He would
still prefer I-G Zoning for the Second Annexation parcel.
The Planning and Zoning Board recommends I,P''Zoning on both
pieces of property."
Councilman Russell made a motion, seconded by Councilwoman Reeves
to adopt Ordinance No. 9, 1977 on first reading.'' Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson.
Nays: None.
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Ordinance Tabled on First Reading
Zoning the Suitts Second Annexation
Following is the City Manager's memorandum on this item:
"At the December 21, 1976, meeting, the City Council passed
Ordinance No. 103, 1976, annexing the Suitts First Annexation.
At that time they received a report from the Planning and
Zoning Board with regard to the requested and recommended zoning
for both the First and Second Annexations. There was no difference
between the petitioner's request and the Planning and Zoning
Board's recommendation for I-P zoning on the First Annexation.
The second reading of this Annexation is being held up pending
the land acquisition along the Poudre River.
The question of the requested zoning has been advertised for
the February 1 Council meeting. The petitioner requested C,
Commercial, and I-G, General Industrial Zoning. At the December 10,
1976, meeting, the petitioner revised his request verbally to
request I-G zoning with an I-P strip contiguous to Suitts First
Annexation. Both the Planning Staff and Planning and Zoning
Board recommended for I-P zoning for both areas.
The first form of Ordinance No. 10 .presents the zoning -as
recommended by the Board. The second form of this Ordinance,
designated "A" in the upper right-hand corner, presents the
zoning as originally requested by the owner. The zoning ordinance
for the First Annexation is to be tabled to the meeting of
February 15 and it would appear appropriate to also table this
ordinance to the same day."
Attorney Tim Hasler stated this tabling was also satisfactory
to the petitioner.
Councilman Russell made a motion, seconded by Councilwoman Gray
to table Ordinance No. 10, 1977 on first reading to February 1S,
1977. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell
and Wilkinson. Nays: None.
Ordinance Adopted on First Reading
Calling for a General Election
Following is the City Manager's memorandum on this item:
"The Charter requires the City to hold its general election on
the first Tuesday after the first Monday in April of the odd
number years. The Charter further provides that the Council
must provide by ordinance for the manner of holding said election.
ME
This Ordinance provides for the April'S, 1977, election. At
such election four City Council members nominated by district
shall be.elected for 4-year terms. The Ordinance also provides
for any special Charter amendments to be voted on."
Councilman Russell made a motion, seconded by Councilman Bloom
to adopt Ordinance No. 11, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson.
Nays: None.
Ordinance Adopted on First Reading
Submitting Charter Amendments
Following is the City Manager's memorandum and recommendation
on this item:
"This Ordinance provides for five proposed Charter amendments
as follows:
1. The redefinition of the scope of the Library Board.
2. The deletion of the requirement of the City Manager to come _
before a vote of confidence.
3. The question of executive sessions
4. The clarification of the nomination position.
S. Setting of salaries of City Council members.
All of these items have been discussed on several occasions with
the City Council and have received their consensus approval. The -
library issue has been changed to hopefully clarify the situation --
with the Board. -
The status of the Council's salaries was again discussed at the
January 25 work session. At that time the Council presented
three alternatives -- 1) to tie the salary down to the cost of
living, 2) to just revise the amount of, salary in the Charter,
and 3) to eliminate the salary provisions in the Charter and
provide for salary by ordinance.
After, considerable discussion with the adminis;ttrative and legal
staff, it was decided that the most appropriate way to change this
is by setting a fixed amount in the Charter itself. Listed below
are salaries per month for the Mayor and Council of a selected
number of Council/Manager cities in Colorado:
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City
Mayor
Council
Greeley
$108
$ 65
Boulder
-
-
Lakewood
S00
250
Longmont
125
125
Englewood
1S0
100
Arvada
325
225
Aurora
500
400
Loveland
SO
40
Sterling
80
SO
Broomfield
200
100
Wheatridge
400
125
Westminster
250
17S
Littleton
1S0
100
Fort Collins
41.67
33.33
The amount paid our Mayor and Council'is considerably lower
than most Colorado Cities. Also, the cost -of -living index
has gone up well over 100o since 1954. Most other cities
provide this salary on a monthly basis. Therefore, we are
revising our monthly rate also.
The recommended amount is $100 per month for Council members and
$125 per month for the Mayor. In case the Council wants to
remove the salary provisions from the Charter and provide for the
salaries by ordinance, an alternate Charter Amendment No. 5 is
included. We will be happy to discuss this further with you at .
the Council meeting.
Recommendation: The Administration recommends that the Council
adopt Ordinance No. 12, 1977, on first reading. If the Council
prefers that the salaries of Council members not be specified
in the Charter, but be set by ordinance, Council should amend
the Ordinance by deleting referred Charter Amendment No. 5 and
substituting the alternate for this Charter Amendment. After
this motion is passed, the ordinance should then be passed as
amended.
Mayor Wilkinson then called for Council discussion on proposed
Charter Amendment No. S relating to Council salaries.
Councilwoman Gray again spoke in opposition to having a figure
in the Charter.
City' Manager Brunton read at length the following letter from
Sarah L. Bennett, President, Fort Collins Library Board (Proposed.
Charter Amendment No. 3):
"Last week the members of the Library Board held a work session,
at which time they studied the proposed Charter amendment pertaining
to the Board.
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Since the meeting was just a work session, no formal vote was
taken, but it was the consensus that the language of the latest
version. of the amendment prepared by Lucia Liley is satisfactory
and acceptable to the five members of the Library Board."
Councilman Bowling made a motion, seconded by Councilwoman Reeves
to adopt Ordinance No. 12, 1977 on first reading. Yeas:
Councilmembers Bloom, Bowling, Reeves, Russell and Wilkinson.
Nays: Councilwoman Gray.
Resolution Adopted Changing the Name of
Kenwood Circle to Kenwood Court
Following is the City Manager's memorandum on this item:
"This Resolution changing the name of Kenwood Circle to Kenwood
Court is a technical, legal revision to the Plat of the Stonehenge
Subdivision First Filing.
The cul-de-sac in question is legally designated as Kenwood Circle
on the official plat. The street name sign actually posted in
the subdivision, however, designates the street as Kenwood Court.
Most cul-de-sacs in the city of Fort Collins are designated as
courts. There is only one family residing on this cul-de-sac,
and they are desirous of this change. At the January 10, 1977,
meeting, the Planning and Zoning Board recommended unanimously
for approval of the name change."
Councilman Russell made a motion, seconded by Councilman Bloom
to adopt the resolution. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell and Wilkinson. Nays: None.
RESOLUTION 77-6
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CHA.'iGING THE NAME OF KEMWOOD CIRCLE
A STREET IN STONEHENGE SUBDIVISION
IN THE CITY OF FORT COLLINS
TO KENWOOD COURT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF,FORT COLLINS:
That the name of that certain street hereto`cre known as
Kenwood Circle located in Stonehenge Subdivision, a subdivision in
the City of Fort Collins, is hereby changed to Kenwood Court.
241
Passed and adopted at a regular': meetinc of the City Council
held this Ist day of February A.D. 1977.
t
m
ATTEST:
--zeec.4 .
City Clerk
Resolution Adopted Amending Organic Contract
with Platte River Power Authority
Following is the City Manager's memorandum on this item:
"Last fall the City Council approved a Resolution with PRPA
modifying the appointment to the Board of Directors. The new
proposal called for two official members from each City --one,
the Mayor, and one other director to be appointed by each City
Our City Council said it should be the Mayor and/or the person
he may designate.
Because the PRPA is at the present time in the market for a
considerable amount of financing, they feel it is important
that they have clean authorization for the existence of the
Board and the official designation of the Board members.
Therefore, they are requesting that each City re -adopt the
Resolution specifically spelling out that the Mayor and/or his
designee will be a voting member."
Councilwoman Gray requested the Council pass an additional
resolution stating that, the Mayor would make the appointments
with the consent of the Council.
Councilman Bowling made a motion, seconded by Councilman Bloom
to adopt the resolution. Yeas: Councilmembers Bloom, Bowling,
Gray„ Reeves, Russell and Wilkinson. Nays: None.
PX1%
C
RESOLUTION 77-7` OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING. AN AGREEMENT TO BE'_
•
ENTERED INTO WITH THE 'CITY OF LOVELAND, CITY OF LONGMONT, AND TOWN OF ESTES
PARK, COLORADO, AMENDING THE ORGANIC CONTRACT ESTABLISHING PLATTE RIVER POWER
AUTHORITY AS A SEPARATE ENTITY
WHEREAS, by Organic Contract dated June 17, 1975 (the "Organic Contract")
the Municipalities of.Fort Collins, Loveland, Longmont and Estes Park (the
"Municipalities") established a separate governmental entity to be known as
Platte River Power Authority (the "Authority"), to be used by the Municipalities
to effect the development of electric energy resources and the production and
transmission of electric. energy to supply the electric power and energy required
by the municipal electric distribution systems of the Municipalities;. and
WHEREAS, on November 18, 1976, the Municipalities amended said Organic
Contract to increase the number of members on the Board of Directors.of the
Authority (the "Board") by adding to the Board the Mayors of the respective. —.
Municipalities and made the incidental changes necessitated by such increase.
but in all other respects left the Organic Contract in full force and effect;
and
WHEREAS, the Municipalities now desire to authorize.the respective Mayors.
if they so desire, to designate some other member of the governing board of
that respective Municipality to.serve as a Director of the Authority in place
of the Mayor;
NOW THEREFORE BE IT RESOLVED by the Council of'.the City. of Fort Collins,
Colorado, that the amendment of Organic Contract ester-blish- -
ing Platte River Power Authority as a Separate Governmental Entity, in the form
presented to this meeting and a copy of which is on file with the city
Clerk, be and hereby is approved and adopted by the Council of the City_____
243
of Fort Collins, Colorado, and the Mayor and City Clerk are here _
by authorized and directed to execute said Amendment of Organic Contract on behalf
of the city of Fort Collins and to take such further action,
If any; as shall be necessary to effectuate such Amendment.
Passed and adopted at a regular meeting of the City 'Council
held this 1st day of February, A.D. 1977.
ATTEST: .
Agreement Approved with Salvation Army a:
Following is a portion of the City Manager's memorandum on this
item:
"At its December 21, 1976, meeting, the City Council referred
back to the Larimer Human Resources Board the recommendation for
the funding of the Salvation Army. There was some question about
possible duplication of services.
...The Larimer Human Resources Board recommended that the agree-
ment be modified to show additional participation in the plans
at the Salvation Army with the City's Parks and Recreation Depart-
ment. Captain Thomas World of the Salvation Army has some concern
about this new Agreement but apparently is willing to try and
see if it can work in practice."
Captain World., stated the Salvation Army agreed with the funding
of the Human Resources Board and the working out of that agreement
has already started to take place and they see no problem with
it at this time.
244
ty
Councilwoman Gray made a motion, seconded by Councilwoman Reeves
to approve the agreement with the Salvation Army for 1977 and
authorize the City Manager and City Clerk to sign the agreement
on behalf of the City. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell and Wilkinson. Nays: None.
Resolution Adopted Approving Agreement with Board
of County Commissioners of Larimer County
ReRardinR Library Facilities
Mayor Wilkinson stated this item had been tabled and requested
action to remove it from the table for consideration.
Councilman Russell made a motion, seconded by Councilwoman Reeves
to remove the item from the table. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None.
Following is the City Manager's memorandum on this item:
"At its January 4, 1977, meeting, the City Council reviewed the
proposed Resolution and Agreement with Larimer County for library
services and operation of the bookmobile. At that time the
motion was tabled and referred back to the Library Board for
their comments.
At a meeting of the Library Board on Tuesday, January 2S, 1977,
this Agreement was.discussed. The financial participation of the
County has substantially increased; in fact, the contribution to
the total library budget has increased from 11.6% to 16%. In a
random sample taken July, 1976, of 10% of the patrons of the
library, approximately 25% of those using the facilities lived
outside the city limits. We feel the County has taken progressive
steps to assist with the library services in Larimer County."
Councilman Bowling stated he did not feel his original question
regarding the cost to operate the bookmobile has been answered.
Library Director and City Manager Brunton spoke to the difficulty
in determining these costs.
Councilman Bloom made a motion, seconded by. ,.Councilwoman Reeves
to adopt the resolution.and authorize the.Mayor and City Clerk -
to sign the agreement in behalf of the City. Yeas: Councilmembers
Bloom, Bowling, Gray, Reeves, Russell and Wilkinson:,. Nays: None.
245
RESOLUTION 77-8 '
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AGREEMENT TO BE ENTERED INTO
WITH THE BOARD OF COTTNTY COMMISSIONERS OF
LARIMER COUNTY
WHEREAS, heretofore the City of Fort Collins and the
County of Larimer entered into an agreement regarding the
operation of the City and County libraries; and
WHEREAS, in the opinion of the Council of the City of
Fort Collins it is desirable to continue such agreement, and
a new agreement has been prepared to continue the same
arrangement for the year 1977; and
WHEREAS, said.agreement has been approved by the City
Attorney and the City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS that the terms and conditions of said
agreement be, and the same hereby are, accepted and annroved;
and
BE IT 'FURTHER RESOLVED that the Mayor and City Clerk
be, and they hereby are, authorized and directed to execute
said agreement for and on behalf of the City of Fort Collins
Passed and adopted at: -a regular meeting of the City
Council held this 1st day of February, A.D. 1977.
ATTEST:
City Clerk
246
City Attorney Authorized to Enter
an Appearance on Behalf of the City in the
United States Reserved Rights Claims
Following is the memorandum from the City Attorney and the
memorandum from Ward H. Fischer on this item:
The City of Fort Collins has.been one of the parties to
litigation involving claim of "reserved" water rights of the
United States. Reports have been made to the Council from
time to time as this matter.has progressed. Enclosed herewith
is a memo from Ward Fischer regarding recent filings of the
United States which could have an adverse effect on the
rights of the City of Fort Collins. As indicated, Ward will
defend against these claims on behalf of the Cache La Poudre
Water Users Association and through this the City's interests
will'be'protected; however, I agree with Ward's suggestion
that the City should file its own statement.of opposition
and protect its right to individually participate. Therefore,
I recommend that you authorize, me as City Attorney, to enter
an appearance on behalf of the City on these claims.
The United States of America has filed its application for its so-called
"reserved rights" affecting all of its forests, 'parks, monuments, and lands,
in Water Division 1. A copy of the application of'the United States is
attached. The United States, in its claim, asserts a priority date as of
the date of the creation,of the particular reservation; and it claims such
rights are superior to rights of appropriators who made their appropriations
subsequent to the date of the creation of the reservation. The most dan-
gerous of the claims, to water users of this division, are those claimed
for the United States forests, and the Rocky Mountain National Park, which
are detailed as marked on pages 2 through 4 of the summary.
Having been through this before concerning the claims of the United States
in Water Division #6 , .I believe I can rather accurately state the govern-
ment's position. The claim is for such waters as are•:on.or under; or which
flow through, the reservation, as shall be necessary for the many and:varied
uses to which the United States would like to put the water. The United
States then goes on to claim the "right to the maintenance of such continuous,
uninterrupted flows of water, and such adequate stream and lake levels as are
sufficient in quantity and quality" to assure fish life and preserve recrea-
tional, scenic and aesthetic conditions.
247
1
Recent cases of the United States Supreme Court.have rather clearly established
that the United States does have some "reserved" rights. It is really- just
as well that we find out what they are, and thus remove the cloud that now
threatens the rights of the members of the Association, and others. It is,
however, essential that the Association and its members participate vigorously
in defense of our own rights, because the United States is claiming far more
than the decisions thus far rendered would permit. The main dangers are these:
1. The United States claims.a priority date.as of the date the
park or forest was created, without regard to the rights of
existing appropriators.
2. The amounts of water claimed by the United States, under
these early priorities requested, are not minimal, but are,
on the contrary, substantial.
3. The future, and even the present, requirements are exceed-
ingly vague. The rights of the United States, as seen by it,
are not seemed to be limited to the amount of water used on `
the requested appropriation date, as is the law applied to other
water users, but is instead indefinite, and subject to enlarge-
ment. The government's needs will be an ever changing thing,
and the petition filed by the United States requests that all
water required for such classifications, from time to time, be
awarded to the United States. In short, the United States seeks
a completely open ended right to take such waters as it might
need in the future, as well as the waters which it claims now
to need.
The Cache La Poudre Water Users Association will at once file a protest on
behalf of all of its members. I do, however, suggest that each member of
the Association consider filing its own statement of opposition so that such
member will be kept advised, by such filing, of such amendments as the
United States might make to its filing; and to insure that any member who
wishes to participate in the proceedings in opposition to the. claims of the
United States will be afforded an opportunity to do. so. Statements of
opposition must be filed with the Water Court prior to the end of February,
1977.
City Attorney March also informed the Council that this is an
area not covered by the firm's retainer and there would be an
extra charge relating to water matters.
Councilman Bowling made a motion, seconded by Councilman Bloom
that the City Council authorize the City Attorney to enter an
appearance on behalf of the City with regard to the claims of
the United States Reserved Rights. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves and Wilkinson. Nays: None. (Councilman
Russell out of room.)
248
Closing of Myrtle Street at
College Avenue Reconsidered
Following.,isthe City Manager's memorandum on this item:
"At its November 23, 1976, meeting the City Council received_
a report from the Administration with regard to the parking and
traffic situation on College Avenue between Laurel Street and
Magnolia. At that time the staff recommended 1) that we not
remove the parking on this portion of College Avenue, and 2)
that we close the median on College at Myrtle Street. The justi-
fication of closing Myrtle Street was to eliminate left -turn
movements which are causing some of the congestion at the inter-
section. It was also felt that it would be unwise to add another
traffic signal at this intersection which would simply add to the
already difficult progressive problem we have.
Subsequent to this action we received from The First United
Presbyterian Church a letter stating that they do not feet they
had adequate notification and input into the process. Roy Bingman,
Engineering Services Director, and Joe Rice, Traffic Engineer,
met with officials of the Church on several occasions. Enclosed
is a report from Joe Rice to Roy Bingman on this subject including
some traffic counts. It was determined that the major problem
is not the left turns but the problem caused by the east -west
traffic. In fact, left turns, especially for the northbound
traffic, helps to relieve traffic congestion on College Avenue
at Mulberry.
Therefore, after review, it is the recommendation of the staff
that, instead of a complete closure of Myrtle at College,
there be a barrier median to allow left turns but not to allow
east -west traffic. We are enclosing a sketch of the final design."
Councilwoman Reeves made a motion, seconded by Councilwoman Gray
that Council rescind its motion of November 23, 1976, for the
complete closure of Myrtle Street at College Avenue and in -place
authorize the partial closure to allow left turns but no through
east -west traffic at this intersection and that the administration
report back after six months. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves and Wilkinson., Nays: None. (Councilman
Russell out of room.)
249
1
Various Easements Accepted
Following is the City Manager's memorandum on this item:
11(1) Easement from Everitt Enterprises, Inc. for installation
and continued operation, maintenance, repair, alteration,
inspection, and replacement of underground and/or overhead
electric transmission and distribution lines in Southmoor
Village East, First Filing east of Lemay and south -of Drake
for the purpose of installing a duct bank system for service
to this area and adjacent areas.
Consideration: $1.00
(2) Easement from Everitt Lumber Co., Inc. for installation
and continued operation, maintenance, repair, alteration,
inspection, and replacement of underground and/or overhead
electric transmission and distribution lines in Lot 8,
Block 22 (Everitt Lumber Company) for the purpose of
setting An electrical transclosure to bring power to the
above building.
Consideration: $1.00
(3) Easement from Fischer and Company Ltd. et al for the
installation and continued operation, maintenance, repair,
alteration, inspection, and replacement of underground
and/or overhead electric transmission lines in Lots 1-4,
Block 111, which is adjacent to the alley behind 151 South
College Avenue (LaCay Fabrics), in connection with construc-
tion in the Downtown Redevelopment Project.
Consideration: $1.00"
Councilwoman Gray made a motion, seconded by Councilwoman Reeves
to accept the above easements. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None.
Approval of Amendment to Revenue Sharing Agreement with Virginia
Neal Blue Resource Center, Inc., and Approval of New Agreement
with Virginia Neal Blue Resource Center, Inc., with Regard to
Use of HUD Housine Rehabilitation Funds
Folld.wing is the City Manager's memorandum and recommendation on
this item:
"In our work in the rehabilitation area in Andersonville, Alta
Vista, and Buckingham, it has become obvious that there is a
need for a bilingual, consumer financial counseling and educational
program. There has been some discussion with various parties
in regard to such a program. Housing Rehabilitation Director
250
A
Jim Woods has received approval from HUD 'to use $10,000 for
such a program.
In the Revenue Sharing contract for social services with
Virginia Neal Blue Resource Center, there was some mention of
doing counseling services, which should not have been included
in the Agreement. Enclosed is a memorandum from John McGraw,
Human Resources Director, explaining the situation.
We now need to amend the original Agreement with the Center and
authorize the signing of a second Agreement f'or contractual
services using HUD Housing Rehabilitation funds. We will discuss
this matter further with you at the Council meeting.
Recommendation: The Administration recommends that the City
Council approve the amendment to the Revenue Sharing contract
with the Virginia Neal Blue Resource Center, Inc. The Administra-
tion further recommends that the City Council authorize the
signing of a second Agreement with the Virginia Neal Blue Resource
Center, Inc., to provide consumer financial counseling and
educational services using Federal Government HUD Housing Rehabili-
tation funds."
Councilman Bloom inquired if the City was duplicating services _.
between the Housing Authority and this. Human Resources Director,
John McGraw responded that this is the same agency that is
providing the services for the Housing Authority.
Councilman. Bowling made a motion, seconded by Councilwoman Gray
to adopt the recommendation of the administration. Yeas: Council -.-
members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson.
Nays: None.
Report from City Manager
(a) City Manager Brunton announced that the public hearings -on
the Community Development Entitlement Funds will be scheduled
the afternoon in the Council Chambers and in the evening at
the Fort Collins Community Building on February 8, 1977.
(b) Appreciation to the Fort Collins Archaeological Society was
expressed for their donation of 16 volunteers to do the
'.cataloguing at the museum.
(c) The Service Center work is now a month ahead of schedule.
There is 83% completion at this time.
2S1
(d) A strategy meeting will be held at 9:00 a.m. on February 9,
1977 at -the Library to go over the presentation for the
Stream Classification presentation.
(e) Personnel.Director, Ann Sachs, has announced her resignation
to be effective May 1, 1977.
(f) Dennis Sinnett was the low bidder for the work at the
auditorium - Ludlow Room.
(g) The City has been notified, verbally, that the gas tap for
the auditorium portion has been extended to September 1, 1977.
(h) A hearing on the Ludlow estate has been scheduled on
February 14, 1977.
(i) City Manager Brunton announced that Chico Martinez has been
terminated.
(j) The administration is moving ahead on the Soldier Canyon
outlet.
(k) There is going to be an open house on February 2, 1977 of
the Larimer County Advocates for Handicapped Citizens at
103 West Mountain Avenue.
(1) The administration will be advertising for bids on Improve- "
ment District No. 71 on February 11; opening bids on March 3
and hope to have the bids ready for Council consideration
on March 15, 1977.
(m) The joint staff meeting with CSU will be held on February 14,
1977.
(n) City Manager Brunton announced the following meetings:
(1) Meeting with the Housing Authority Monday evening,
February 7, 1977.
(2) The Community Development hearings are on February 8,
1977.
(3) A joint Fort Collins/Loveland Airport Board meeting
' on Monday, February 28, 1977.
(4) The Boards and Commissions Appreciation Dinner will
be held on February 24, 1977.
252
Report from City Council` on`Committees
(a) Councilman Bloom announced a Colorado Municipal League
hearing on Police and Fire Pensions at Greeley on February 2,
1977 at 7:30 p.m.
(b) Councilman Bowling announced the COG will meet on February 2,
1977. The Airport Board has an item to be considered.
1. The development of a state wide rail plan will also be
discussed;
2. and lastly, the Platte River Power Authority will present
its application for its new proposed plant.
(c) Councilwoman Gray stated she would have copies of the CML
proposed legislation at the next Council meeting.
(d) Mayor Wilkinson reported on his meeting with the State
Highway Commission.
(e) Councilwoman Reeves reported the COG Human Resources Committee
has been meeting going over bylaws and goals and objectives
and within the next month they would like to come in with
a plan for each county.
(f) Councilman Russell reported on the PRPA meeting at which
contracts had been approved.
Citizen Participation
(a) Andy Anderson,1421 Skyline Drive, inquired into the "handling
of Revenue Sharing Funds in regards to our Golf Course, on the
Golf Fund." City Manager Brunton responded to Mr. Anderson's
questions.
(b) Mayor Wilkinson welcomed Mr. McGuire and his Public Affairs
Reporting class from CSU.
Appeal Decision of Zoning Board of Appeals for
Sien Variance at 1302 South Shields Street, Decision Upheld
Following is a portion of the City Manager's, memorandum and
recommendation on this item:
"On January 13, 1977, the Zoning Board of Appeals denied a
variance request to Gary DiGiorgio of the Western Centennial
Construction Corporation for an SS square foot internally lit
flush wall sign and a four-sided freestanding sign to be installed
253
at 1302 South Shields Street.
Recommendation: The City Council:should consider any additional
testimony presented at the Council meeting and make determination
as to whether to uphold the recommendation of the Zoning Board
of Appeals or to reverse it."
Mr. Gary DiGiorgio of Western Centennial Construction Corporation
and Centennial Foods of Colorado which is the Arthur Treacher's
franchise in this area, appeared before the Council and requested
the Council overrule the decision of the Zoning Board of Appeals
and allow the signs requested, which varied slightly from the
original request for a freestanding sign and 'an internally lit
flush wall sign.
City Attorney March stated the code would allow, for this property,
60 sq. ft. of flush wall sign; the property has a total sign
allowance of 130 square feet. Those are the two requirements
that are in question here, the flush wall sign has a total square
footage of 210 square feet (the sign on the front of the building),
the freestanding sign would have a total square footage of 190,
and the two little signs which were granted by the Board as
additional signs, over the allowance, have a total of.24.3 square
feet. Ignoring the 24.3 sq. ft., the original application was
for approximately three times over what the sign allowance would
be, plus it would have been two signs instead of one.
Mr. DiGiorgio stated he had eliminated the freestanding sign and
requested the wall sign only.
Councilman Bowling made a motion, seconded by Councilwoman Gray
that the Council uphold the decision of the Zoning Board of Appeals
(appeal No. 695.). Yeas: Councilmembers Bloom, Bowling, Gray,
Reeves, Russell and Wilkinson. Nays: None.
Ordinance Adopted As Amended on First Reading Relating to the
City Electric Utility and Rates for Services from Such Utilit
Following is the City Manager's memorandum on this item:
"Early in 1977, the City Council received a copy of the electrical
rate report from our Light and Power Department personnel. This
report is based on a cost -of -service revenue program and shows a
projected 86% increase over a 4-year period ending December 31,
1980. However, the only'item being considered by the Council at
this time is the 1977 rate increase of 16.8%. Because this is
a cost -of -service based revenue program, the increases vary
between the different classes of customers.
254
The Administration presented this proposed rate increase to the
City Council at its January 11 meeting. At that time it was
suggested that the Council hold a second work session on
January 25 to receive public input. It was contemplated that
the ordinance on the rate increase should be up for consideration
on first reading at the February 1, 1977, meeting. The City
Manager suggested that the Council consider any questions .-
concerning future electric utility rates including the following:
1. What is the impact of the proposed increase on City customers?
2. What is the impact of the proposed increase on the City budget?
3. Should we continue cost -of -service criteria for rate
determinations?
4. Should we consider developing a life -line rate?
S. Should we charge the present in lieu of taxes and administra-
tive reimbursement policy? What impact would this have on
the City?
6. What alternate measures could be taken in the future to
reduce costs?
A. Operating maintenance costs.
B. Capital program policy.
C. Use of short or long term debt financing mechanisms
Prior to the January 25 work session and public hearing the
City Manager sent another memo to the Council with additional
supportive material including a comparison of electrical rates
of Colorado Springs, Estes Park, Fort Collins, Fort Morgan,
Longmont, Loveland, Public Service Company, Home Light and Power,
and Poudre Valley REA. Even with our 1977 rate increases, our
electric utliity rates are in a competitive position. On January 25
the Administration recommended that the City Council adopt the
1977 electric utility rate plan as presented.
During the meeting there was a great deal of concern and
interest in revising rate structures to encourage conservation
and assist low-income persons. The group, asked for a task force
to be created to review the rate procedure. The Council unoffi-
cially recommended that this committee be;",formed and considered
at the first work session in August. In the meantime, the staff
would get together position papers on various electrical rate
alternatives. It is important that our task force work on the
impact of electric rates on expenditures, the impact of the change
in the in lieu of taxes formula on the revenue in the General Fund,
and other related revenue problems...
255
At the end of the public hearing on January 25, 197.7, the
City Manager announced that.the new proposed rate ordinance
would be up for consideration on first reading at the February 1
Council meeting."
Edward Sparling, 2409 West Mulberry, requested that Council
appoint a committee to investigate alternative rate structures.
Mayor Wilkinson stated the Council is doing what Mr. Sparling
requested.
Councilwoman Reeves stated she would like to move ahead at an
early date on this request.
City Attorney March stated there was an amendment required in
the ordinance on page 12, the word "excluding" in part "J-(1)"
should be struck and the word "and" substituted.
Councilman Bowling made a motion, seconded by Councilman Russell
to amend the ordinance as above and adopt Ordinance No. 13, 1977
on first reading as amended. Yeas: Councilmembers Bloom, Bow -ling,
Gray, Reeves, Russell and Wilkinson. Nays: None.
Council held extended discussion on a public hearing on rate -
structures and City Manager Brunton recommended that staff come
back with a recommendation on various alternatives at the
February 22, 1977 work session.
Ordinance Adopted on First Reading Zoning
the Strachan Fourth Annexation
.Following is the City Manager's memorandum on this item:
"The Strachan Fourth Annexation consists of 7.1 acres located
at the northwest corner of East Horsetooth Road and John Smith
Street. This 7.1 acres is part of 21.5 acres which is at the
present time outside the city limits. The entire tract has
been two-thirds surrounded by the city for over three years and
is, therefore, eligible for involuntary annexation.
At the January 4, 1977, meeting, the City Council annexed the
7.1 acres to the city on second reading. At the time of the
first reading of the annexation, the Council requested that the
necessary legal steps be taken to involuntarily annex the
remaining 14.5 acres. At the January 18, 1977, meeting, the
Council passed a resolution setting forth its intent to annex
this 14.5 acres known as the Brune Annexation. The hearing on
this annexation and consideration of the annexation ordinance
on first reading will take place at the March 1 Council meeting.
255---
The memo from Les Kaplan, Planning Director, considers the entire
requested rezoning of the 21.5 acres. Both HCI and Mr. Elmer
Brune request H-B, Highway Business District Zoning. The memo
goes into considerable detail with regard to the zoning problems
and growth problems in the city.
The staff and Planning and Zoning Board are recommending for
approval of the H-B zoning for the Strachan Fourth Annexation
and R-M-P, Medium Density Residential District Zoning, for the
Brune Annexation. As indicated before, we are only considering
the Strachan Fourth Annexation at this time. Although it is
proper to consider the report of the Planning and Zoning Board
on the entire area in regard to the zoning on this piece of land,
care should be exercised by the Council not to prejudge the zoning
question for the remaining land designated as the Brune Annexation.
The zoning of those lands will be the subject of a hearing at a
later date at which time the property owners and other interested
persons should have an opportunity to be heard before a decision
is reached."
Attorney Eugene Mitchell spoke in favor of the ordinance.
Mr. Steve Robinson representing the "Evergreen Park People"
requested that Council "take into consideration some of the other.
long range ramifications of your considerations in these zonings,
and long range marketing economical situations; there are other
quadrants of the city, real estate wise, highway business zoned
that would in essence provide the services and facilities that
are in need --these quadrants, east, west, north, besides just
the southern part of Fort Collins."
Planning Director Les Kaplan summarized the history behind this
petition. Attorney Russell Pugh, representing the Brune brothers,
stated his comments would only be if Council were considering
the zoning for the Brune Annexation. City Attorney March referred
to the City Manager's memorandum in which City Manager Brunton
had stated that ---"care should be exercised by the Council not
to prejudge the zoning question for the remaining land designated
as the Brune Annexation."
Councilman Bloom made a motion, seconded by Councilman Bowling
to adopt Ordinance No. 14, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Reeves, Russell and;;Wilkinson. Nays:
Councilwoman Gray.
Councilwoman Reeves made a motion, seconded by Councilwoman Gray
that the Planning Staff come back with a report on,the eastern
half of the Strachan First Annexation with zoning alternatives
and that the entire H-B zoning in the area be studied. Yeas:
Councilmembers Gray and Reeves. Nays: Councilmembers Bloom,
Bowling, Russell and Wilkinson.
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Mayor Wilkinson declared the motion lost.
Ordinance Adopted on First Reading Rezoning
Matador Apartments
Following is a portion of the City Manager's memorandum and
recommendation on this item:
"The Matador Apartments -Elizabeth street Rezoning consists of
4.2 acres located on the south side of West Elizabeth Street
east of South Bryan Avenue. The requested rezoning is from
R-P, Planned Residential District, and B-L, Limited Business
District, to B-L, Limited Business District, to B-P, Planned
Business District.
...The Planning Staff is recommending denial. At the January 10,
1977, meeting the Planning and Zoning Board recommended unanimously
that this site be zoned.from R-P and B-L to B-P.
Recommendation: The City Council should weigh the arguments from
the Planning Staff and Planning and Zoning Board on this proposed
rezoning. If the Council concurs with the recommendation to
deny the rezoning, the ordinance should not be considered on
first reading. However, if the Council supports the recommendation
of the Planning and Zoning Board, the Ordinance should be adopted:.
on first reading." '.
Petitioner, William D. Bartran, spoke in favor of the rezoning
request and addressed the plans for the area.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves
to adopt Ordinance No. 1S, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Reeves and Wilkinson. Nays: Council-
man Russell.
Mayor Willkinson then declared a five minute break.
Edora Acres P.U.D. Phase I Final Plans and
Edora Acres Second Filing Subdivision Plat Approved
Following is the City Manager's memorandum on this item:
"The Edora Acres PUD, Phase I, consists of 60 unit multi -family
residential development of three acres zoned R-M located south-
west of East Prospect Street at Riverside Avenue adjacent to
Edora Park on the north side of Spring Creek.
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The Planning and Zoning Board voted unanimously for approval
subject to several revisions of the s'ite landscape plan including
relocation of several buildings. All of these revisions have
been made."
Councilwoman Reeves made a motion, seconded by Councilman Bloom
to approve the Edora Acres P.U.D., Phase I Final Plans and
Edora Acres Second Filing Subdivision Plat conditioned on a
landscape bond being posted. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell and Wilkinson. Nays: None.
Zoning Alternatives for Vance Annexation
Referred to City Attorney for Ordinance Preparation
Councilman Bloom made the following statement for the record:
"I have a letter from Mr. Harden concerning my interest as
a resident of Parkwood, or any resident of Parkwood including
myself, are members of the Parkwood Homeowner's Association
without any choice. I have no personal interest nor involvement
in Parkwood Homeowner's Association except to pay the annual
dues. If I had a choice, I wouldn't tell you what I would do,
but if any Council member or the City Attorney feel that there is =-
any potential conflict of interest, I'll be willing to withdraw
from any discussion or deliberation on this issue.".
Mayor Wilkinson inquired if there were any objections to
Councilman Bloom's continuing to hear this issue and vote on it.
Prior to receiving a response on this question, Attorney Ralph
Harden explained the basis of his having requested that Mr. Bloom --
excuse himself from participation in this matter; "it is based
primarily on the fact that the Parkwood Property Owners Association
has been one of the most strident advocates in this matter and
has appeared at all of the important hearings with their attorneys
in proposing an alternative to zoning which is not at all acceptable
to my client. I did not have any thought in mind that Mr. Bloom
had any innate prejudices or anything of that nature, but this
is what I would say the most articulate and persistent opponent
to my client's desire in connection with the zoning as he is a
member of the association, whether by choice or not, and so for
the City Attorney's behalf, I will explain my reasons for the
request."
Mayor" Wilkinson then stated no challenge had been made by any
member of the Council or by the City,;Attorney, therefore,
Councilman Bloom would continue to sit in judgement in this case.
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Mr. Harden then stated he represented Mr. and Mrs. Ed Vance
who are the principal owners of the 75 acre tract which is
involved in this zoning matter.
Planning Director, Les Kaplan, then presented the zoning
alternatives which are included herewith and made a part hereof:
"General Zoning Plan Alternatives
The Planning Department has developed three (3) alternative
zoning patterns for the area, differing primarily in the degree
of maximum allowable residential density., Each alternative
includes only zones which require the P.U.D.'approach to
development and, therefore, assure City review and opportunity
for public input. Additionally, each alternative excludes
zones which specifically designate commercial activity under
the permitted uses. Within each alternative, the east half of
the tract is designated RLP, Single -Family Planned residential.
A summary of the approximate zone acreages, maximum residential
densities and "trend densities" for each alternative is attached.
Alternative One directly represents the zoning preferences as
expressed by representatives of the above -mentioned homeowner's
associations -- no RMP zoning, not more than 20 percent of tract
for RP zoning and the remainder RL or RLP zoning.
Alternative Two is similar in pattern to Alternative One and
includes approximately twelve additional RP zoned acres. This -
alternative is proposed because of the large disparity between
the expressed preferences of the surrounding neighborhood
residents and the zoning recommendation made to City Council
(June 1, 1976) by the Planning and Zoning Board. Alternative
Two is a possible compromise between these two stated positions
on the issue of zoning.
Alternative Three is essentially the initial recommendation by
the Planning and Zoning Board, with important modifications in
the acreages of each zone. Specifically, the modification main-
tains the recommended zoning configurations but significantly
reduces the maximum permitted density through a 42 percent
increase in the RLP area and decreasing the RMP area 41 percent
and the RP area 22 percent. In the opinion of the Planning staff
this modification remains consistent with the intent of the
Planning and Zoning Board recommendation while, at the same time,
should help allay neighboring resident concerns about possibly
excessive residential density within the tract. The reasoning
behind the Board's recommended zoning pattern is essentially as
follows:
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1. The City should provide alternatives to the predominant
single-family development in this section of the community.
Both the RMP and the RP zones provide opportunity for multi-
family development and assure City site plan review and
opportunity for public input. Both the economic cost of
single-family home living and the apparent homogeneity of
housing in this area serve to help justify a position that
higher denisty multi -family housing alternatives are appropri-
ate for part of this tract.
2. The RMP zone is appropriate for the northwest corner of the
tract, in that,
a. it would be at the intersection of two (2) arterial
streets, where single-family might not be suitable,
b. it would be across the street from 17 acres of BP -Planned
Business zoning and would help provide a buffer transition
to single-family neighborhoods to the east and,
C. it would be more appropriate than a single-family zone
for the area immediately abutting the proposed new fire
station at this northwest corner.
3. The RP zone south and east within the tract would again allow --
for multi -family housing, but could develop in part with single-
family homes. This zone would be a logical extension of the RP
zone across Lemay Avenue and harmonize well with the RMP zone to
the north and the proposed RLP zone to the east."
Attorney Harden stated that proposed Alternative Three is the
only compromise acceptable to his clients and reminded Council
that the Vance annexation is a forced annexation and not of his
client's choosing.
Attorney Garth Rogers representing the Parkwood Homeowner's
Association, stated they preferred Alternative One. Mr. Jack
Goodrich, representing the First Christian Church, spoke to the
church's position adding that Alternative Three seemed to be the
most logical, as the church would propose to develop the northern
third of the area.
Council then had lengthy discussion,on the three alternatives
proposed for the zoning question.
Councilman Bowling made a motion, seconded?.by Councilwoman Reeves
to refer to the City Attorney for ordinance preparation the
zoning of this area to be RP, Planned Residential in the west
one-half of the annexation and the balance to be R-L-P Low Density
Planned Residential. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell and Wilkinson. Nays: None.
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Other Business
(a) Mayor Wilkinson requested a report from the administration
on the Emergency Medical Services response. City Manager
Brunton stated this item would be on the February 8, 1977
work session.
(b) Councilwoman Reeves made a motion, seconded by Councilwoman
Gray that Council consider only in terms of zoning alternatives
the Strachan First Annexation when looking at the Brune
Annexation. Yeas: Councilmembers Gray, Reeves and Russell.
Nays: Councilmembers Bloom, Bowling and Wilkinson.
Mayor Wilkinson declared the motion lost.
(c) Councilman Bowling made a motion, seconded by Councilwoman
Gray to adjourn to an executive session to discuss land
acquisition. Yeas: Councilmembers Bloom, Bowling, Gray,
Reeves, Russell and Wilkinson. Nays: None.
Adiournment
Mayor Wilkinson declared the meeting adjourned to 1:00 p.m. on
February 8, 1977 to discuss the construction manager for city hall
and make appointments to Boards and Commissions.-
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Ma or
ATTEST:
City. ler
262