HomeMy WebLinkAboutMINUTES-06/03/1971-RegularMINUTES OF MEETING
June 3, 1971
The City Council of the City of Fort Collins met in regular session at 1:30 P.M. in the
Council Chambers of the Municipal Building on Thursday, June 3, 1971.
Present: Councilmen Carson, Lopez, Councilwoman Preble,
Councilmen Peterson and Fead.
Also present: Tom Coffey, City Manager
Arthur March, Assistant City Attorney
Charles Liquin, Director of Public Works.
Mayor Carson presided.
DISPENSING OF MINUTES
Motion was made by -Councilman Fead, seconded by Councilman -Peterson, that the.reading of the
minutes of May 27, 1971, be dispensed with. Upon a roll call, all members voted in the
affirmative.
AGENDA ITEM 2A
LIQUOR AND BEER OCCUPATIONAL TAX
The action of Mr. Ralph Hardin, Attorney, relating to Liquor and Beer Occupational Tax, was
tabled May 27, 1971, to this date. Motion was made by Councilman Lopez, seconded by
Councilman Fead, that this be removed from the table. Upon a roll call, all members voted
in the affirmative.
Mr. Hardin was present, stating he had an opportunity to study the analysis provided by
Mr. Doyle, Director of Systems and Information, and did not agree with the figures of
$2,166 indicated as the expense of the City for 3.2 establishments, while the maximum
license fee is $200.00 and the expenses related to liquor establishments were figured at
$1,530 per year, which,is about the same as the occupational tax for restaurant -lounges,
he stated this was not fair or uniform, that the beer outlets are costing the City more than
the liquor outlets. He said his clients do not object to paying for law inforcement but
felt that some of the administrative costs included in the cost analysis should be deleted.
He brought up the amount of time spent by the administrators and the Council on Planning
and zoning matters and asked if anyone had suggested an occupational tax for subdividers.
He said Mr. Doyle's report is based on 2 1/2 police checks a week for Liquor outlets,
stating hisclients records do not show that many and suggested the hearing cost be charged
to the hearing and not each licensed holder and should apply more to those places that are
not well managed. Wm. Doyle was present and explained the figures he arrived at in his
report. Mr..Fred Norstock"of 1933 Yorktown.Court, was present and commented on the number
of police calls, stating that as long as Fort Collins is no better than any other town to
drink, that the litter of bottles should be cleaned up. Mayor Carson stated that a review
of the occupational tax situation is needed and that it appears that some adjustments may
be needed in other categories. After considerable discussion, motion was made by Councilman
Lopez, seconded by Councilman Fead, that this item be considered anda decision made on the
matter later. Upon a roll call, all members voted in the affirmative.
Motion was made by Councilwoman Preble, that the occupational tax be reconsidered and a
hearing be held The Ass}stant City Attorney advised the Council that a date be set and
notify all the 3.2 Beer license holders of this hearing. This motion was seconded by
Councilman Lopez, and June 24th, 1971, was set as the hearing date and the City Clerk notify
the people of this hearing date. Upon Roll call, all members voted in the affirmative.
Councilman Fead asked that these notices be sent by certified mail
AGENDA ITEM 2B
TRANSFER OF OWNERSHIP OF THE GREEN ONION,
162 Linden
Mr. John Kearns, Attorney, representing Michael Pierce and Ronald Sumner of Astro Enterprises,
Inc., was present, stating that thetransferralof the establishment known as the Green Onion
is to be to this Incorporation. Mr. Sumner explained that the establishm ent, to be known
as the City Dump, will be remodeled into two sections, one for beer consumption and the other
for dancing. They agreed to maintain a direct alarm system to the Police Department, a matter
which had caused delay in license renewal when the Green Onion was operated by Elmer Peil.
They explained that the name, also used for a similar establishment in Denver, is designed
to be remembered easily and to lure customers and does not connote the type of operation.
Mayor Carson asked if they were familiar with the rules and regulations, that the Council
welcomes anyone that ha's .-i legitimatg business, but frown on anything -else. Councilman
Lopez stated that they will have a young crowd and asked about checking ID's. The prospective
owners stated they will have a man that checks ID's only. The Mayor declared this hearing
closed and asked the Council if they wanted to make a decision not,,. or at a later date.
Councilman Fead suggested they render a decision now, whereas the Council recessed to the
executive room for a decision. After reconvening for further consideration of the matter,
191
motion was made by Councilman Fead, seconded by Councilman Peterson, that this application
be approved. Upon a roll call, all members of the Council voted in the affirmative.
AGENDA ITEM 2C
APPLICATION FOR RENEWAL OF FERMENTED MALT BEVERAGE
BY CAMPUS BOWL LOUNGE, 830 North College
Report of Ralph M. Smith Chief of Police:
Sir:
I have checked our records regarding the above captioned place of business, and find that
according to our case number 92042 a disturbance occurred there on May 7, 1971, which was not
reported to this Department. Mr. Doty was contacted concerning this matter, and he advises
that the bartender on duty at the time of the disturbance had only been employed there one
week, and due to his failure to properly report the incident has since been fired. Mr.
Doty has been informed by this Department that a letter of warning will be issued to him
regarding this incident.
I have checked with our Juvenile Division, and they have received no complaints of this
establishment selling beer to minors.
In view of the fact that Mr. Doty has cooperated with this Department in correcting the
cause of the above referred to incident, I know of no reason why this license should not,
be renewed.
REspectfully submitted,
/s/ RALPH M. SMITH
Chief of Police
/s/ By Daniel E. Eychner
Assistant Chief
Motion was made by Councilman Lopez, seconded by Councilman Fead, that this application
be approved. Upon a roll call, all members voted in the affirmative.
AGENDA ITEM 3A
ORDINANCE NO. 24, 1971 - SECOND READING - BROWN FARM FIRST
BEING AN ORDINAMCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS
COMMUNICATIONS:
2924 Goodell La
May 27, 1971
Dear Sir:
I wish to express my opinion concerning the rezoning of the area around Blevins School. We
realize the problems it could create for our community. We are a new family in this area
and we are fully aware of the ecology problems. We came from the east to Fort Collins
.to be free d= these problems. The_RiehL report so states that this area would be unsuited for
such a development in so much that it would cause an air pollution problem.
We are strongly againstany such development that could destroy the beauty and cleanliness
of -this city. We hope that you will take the proper measures to keep this City a truly
beautiful one.
--- -
You.'s truly, ,
Mr. 6 Mrs. John Cronsell
Gentlemen:,
This letter is written concerning a hearing in the Brown Farm Annexation, i
Ordnance 27, 1971. I virite as a private citizen with expertise in the
area of air pollution, and concerned about air pollution potentials in
Ft. Collins. i
In a study of Larimer County air pollution potential, Professor Riehl
of the Atmospheric Science Department, Colorado State University,
pointed out that air pollution dispersal becomes increasingly less
efficient as one goes westward toward the foothills. The foothills
region then offers the major air pollution hazard. The Brown Farm
Annexation will eventually bring high density of automotive traffic
into precisely that region of Ft. Collins in which the pollution
build-up will be a maximum. During the winter of 1969 we conducted
a series of nitrogen dioxide measurements at the Colorado State
University weather station on the main campus. These measurements
were made from February 10, 1969, to Parch 12, 1969. The observed
19�
June 3, 1971
concentrations ranged between .041 and .008 parts per million of" W
nitrogen dioxide. The 17 measurements yielded an average value of
0.05 parts per million (100 micrograms per cubic meter). The primary
I and secondary standards for nitrogen dioxide as adopted by EPA are
100 micrograms per cubic meter as the annual arithmetic mean. Thus
in the Colorado State University parking lot we have already reached
the maximum NO2 concentration now permitted.
As the Brown Annexation produces a traffic density equivalent to that
observed on the Colorado State University campus the air pollution
level would be expected to be higher since the dispersal conditions
are poorer. This, in my mind, would lead directly not only to an
unpleasant situation but one in violation of both federal and state
ambient air quality standards.
I strongly urge you consider these factors in reaching a decision.
Yours sincerely,
Myron L. Corrin
1312 Morgan Street
May 28, 1971
Re: Agenda Item concerning
Brown fa.rrr. annexation
This is re_ cst for modification of development plans for
recently, annexed land knor;n as the Bro rn farm. i•iy request 1s
based on the follo:,ing information, much of It unknown at the
time annexation took place.
Air nollution. !ditn the recent release of La.rime'r County,
Colorado, Air Pollution and Outlook, by
Kiehl and Herkhof ofthe Department of Atmospheric Science,
we novr know that we no longer can blame our smoggy days on
Denver. You are familiar with the report, so there is no
need to reiterate its recommendation to expand east;-zard rather
than westward.
In testimony before the Colorado �vironment Com:aissio'r., 1.,ay
24, 1971, we learned that the presence of nitrogen oxides 1n
the air of .05 parts per million puts us well Into the Chicago
class. Although we knew our carbon monoxide level was nigh,
the, high nitrogen oxides level came as a surprise.
Another recent surprise, of a more general character, came
vrith an article in the i•arch 1971 Issue of Science, entitled
"Carbon'i:onoxide: Its Role in Photochemical Smog Formation."
Previously nitrogen oxides were thought to be the principal
cause of photochemical slog. Now we know these tyro deadly
poisons play a related role.
Urban Hvdroloxv. In terms.of cubic feet per second of stream
flow, we haven't had a flood of great -magni-
tude since 1904. To assume that .the Spring Creek watershed
won't be affected because it has not been in the recent past
is to iinor: the statistics of increase$ runoff due to urbaniza-
tion, and the imminence of 50 to 100-year floods, or even
greater ones. A Preliminary Environmental Geology Study of a
Portion of Larimer County, Colorado in 1909 covers the annexed
area generally, and warns tna.t` "minor flooding Is to be
expected along the `lood Dlalns of the small streams that
traverse the area" [p. 4)1 It refers to erosion and smelling
soils as major problems, and with respect to.the latter recom-
mends "special foundation designs... to counteract s;•relling
pressures." And it mentions that "the watertable lies close
to the surface" in much of the area and that "special founda-
tion designs are required."
The knowledge that flood plain regulations can help us solve
urban draina e problems is not nevr. Boulder, after a severe
flood in 1910; sou.Eht professional advice and ..,as told to
adopt flood plain regulations; sixty years passed before they
were enacted. Fort Collins, in three hours during the i%ay.,
1904 flood, lost about 150 hones in the to;glands along the
Poudre. 'rdill it be seventy years before ;•re get our flood
..N_aL�e Ala t_. nns7. ... . ._. ._.. ........ ..y ... _.
June 3, 1971
That the taking of land for open space is unconstitutional
Is an excuse which is unaccentable in vies of recent court
decisions. There are flood plain regulations such as that
of The urban Drainage cc Flood Control District in Denver I
which are carefully .-orded to avoid litigation. T^:e Distric�i's
Flood Plain Fegulation deserves careful reading before pro-
ceeding further with existing development plans for the 3ro*�m
Farm.
Design Plans. Although the development plan::for the 3rown
" Farm is not unattractive, it offers little
open space and provides nothing new. Tip �igeajooTs will
rec.uire fertilizers and precious *.•rater<axLu-r5,. X pollute
the Poudre. Far better to -utilize cluster development,
leaving large 'areas open for drainage. The kind of farming
now present could continue and add charm and a rural character
to the surrounding buildings. (i•lany of us left other parts
of the country for this semi -arid region with its flavor of
the old 'west.) With the cluster concept In mind, our plan-
ning department should rake recoisn-�ndations that fit into
the parameters representing capacity of air to accommodate
a given number of people, and of lard to accommodate rainfall
runoff clue to urbanization. That Spring Creels lies below
the proposed development is no guarantee that flooding problems
will not take place, in the swales which constitute a large
portion of the annexed area.
Respectfully submitted,
(hrs.) Doris Dawdy -
Department of Microbiology
Colorado State University
Fort Collins, Colorado
June 1, 1971
Gentlemen:
My wife and I, as an educator and water pollution researcher
respectively, are vehemently opposed to the present zoning
proposal you are about to review concerning a regional shopping
center southwest of Fort Collins.
First, schools in this area are filled to capacity for the
1971-72 school year --present construction included. In fact,
Bauder Elementary had classes in the halls this year and increased _
enrollment will require a repeat next year. Generally, apartment
dwellers do not pay an equitable amount of the cost for educating
their children.
As a microbiologist who is familiar with the problems of the
city waste disposal facility on Drake Road, I cannot see how
such an increase in population can be handled by the plant and
continue to meet water quality standards. Are the developers
offering to update the Drake Road facility --I think not.
Esthetically, why not limit commercial enterprises to
downtown or South College Avenue and maintain single family
dwellings since they are a better tax asset than multiple
family dwellings. Personally, we cannot see why a realtor.is
allowed to have an area rezoned for his own finacial gain
(and does not live in this area) and then present the city with
a continuing educational sanitary and ever-present tax dilemma. .
Gentlemen, you're being taken for a ride: i
Sincerely,
194
June 3, 1971
Dear Council Members,
Please accept this letter as a protest to the concentrated building program and plan now
under consideration for the Blevins Junior High area. - more specifically, I am referring to
the rezoning request to be considered this Thursday afternoon at 1:30.
To me, the-.en-Ar onmental disadvantages plus t;;e ccngestior. generated by such a development
faro outweigh any conceivable advantages of such an area. - Development on the eastern fringe
of Ft. Collins would seem to be a logical way to go and leave our foothills area somewhat
scenic.
Sincerely,
Mr. E Mrs. Ronald H. Stoll
Don Reynolds, Planning Director, reviewed this matter and read the following memo:
SUBJECT:. Planned Business Zoning request on the 3roJ'. Fay.
There has bee-, co ns eer able h sc: Or, and CO-.-ent On -..2 p"t. Of
fo P1G..nad Business or. the nort`.:•:2s:
City Council on the requested zo s -y
corner of South Taft•Hill Roar and Dra a Road. I would :ike to preset .
V1eW5 On this question. for your cons. at iOn dii2 t0 t:.e fdC: that i D2ii2V2-
that there are some very basic questions of .and use and zoning policy at
issue here,
We.'.t1St, I believe;-, sta"t Off on ,the •pr2zise Lhat t..a need for bi:Si-.255
space, and thus business zoning, -..creases as the POpulatio: creases.
The policy question there arises as CO where. this business zoning snO:ad b2
located Within the City and how it should be spread geographically i-.o=C=
to bast serve the needs of the areas of population concentration and -utu.ee
population concentration.
A look at the present City zoning map and an analysis of the policies
which it implies leads me to the Conclusion that the City's.zoaiag policy
has been very tight-fisted with respect to providing zoning away frog
College Avenue of parcels which are of sufficient size to allow for effec-
tive development of smaller centers to serve the needs for "neighborhood"
and "community" shopping areas. With four exceptions, which I shall dis-
cuss later, the only business zoning which has been granted ir. locations .
off College Avenue have been too small to encourage planned .development of
shopping facilities and generally have been located on one or =ore inter -
it arterial or collector streets. One result of this, though
unintentional, has been the development of "filling stations at every
corner This is due to the fact that businesses which cater to providing
convenience and shopping goods need to be clustered together so t.at each
one benefits from the drawing power of the other. Fill-ng stations, on
the other hand, are one of the very few businesses who don't require this
strength of other nearby businesses to draw from, though they car. certainly
benefit by it. The other notable ex of this type of business would
be the 7-11 type store. The other result, though unintentional again,
has beer. that virtually all business development has been forced onto
College Avenue, a one-streat "strip" which is forced to serve virtually
all of the "neighborhood", "co —.....unity", and "regional" business needs _o+
—��.. iS has started a VisC2ous, cir Cie w:.er2by t'.e .
the Fort Collins area. .
increased traffic On, College w::ich is generated by the extensive :,us:ness
facilities adds fuel t0 the fire becau tnaC increased troffiC Makes
College Avenue an even -..Ore desir.ble plact to IOCoCe a business i:.+ e
eyes Of the `'-.'•'.�•'SS'hn• :t is �:•y Opinion t:.at W2 haVe therefOre,
adverte-rtly festered "the -very .ings wiicc.ost of us seen to abncr,
' "fillingsstionitis'! of every zajor -nterseczlon and the
namely -
cos.-.ercicl develop-memt of College Avenue.
I would propose that a policy wit`. res-
As an alternative to this, _ „. .
zo-' be instituted aiO ng tha following• ��-.es: ei,',,:•-
pect to bus-. 3 i_
borhood" and "crm-munity" shopping facilities should be located areas
away fro^ College Avenue and near the "neighborhood" ane "com unity
areas they are intended to serve. Cray "regional" and h io :way oriented
business should be located on College Avenue. 'teigh!orhood Shoo :ins
Centers would be zoned B?, Planned Business and s:.ould :.ave a service
radius of ;I rmile. The size of the zoned area would vary fro: four to
eight acres depending On population. density. These centers e
s`.ouid b
located so as to encourage "walk -to" traffic, preferably near the center
of the neighborhood they are designed to serve. Pr. -nary tenants 17. SUCn
a center would be a supermarket and drugstore. A filling station
be recuired as part of the plan of the center and all furt..ar requests
for smai. Zoning areas in th6 area served by t:-.e .e:aht.+o: rood Center _-
195
should be denied. Community Shopping Centers should be zoned BP, Planned
Business and should :have a service radius of one to two miles and a site
area of 10 to 30 acres depending o3 density of population. These centers
should be located at the intersection of arterial streets and should in-
clude as their major tenants, a variety store and perhaps a junior depart-
ment store. Again, a filling station should be a required Dart of the
plan for such centers and all further zoning of small business parcels
should be denied in the area served by the center, except the neighborhood
center, should be denied.
The four existing business areas which I alluded to earlier as ex-
ceptions to past practice are:
1. The Campus West Shopping Center
2. The Le -may Medical Center
3. The area at the corner of Drake and Shields
4. The area at the corner of Elizabeth and Taft Fill
The first two of these are :highly specialized areas in that Campus
West serves primarily as a specialty shop area catering to the Universit;'
students, though it does have some aspects of a neighborhood center as
described above. The Lemay Medical Center is primarily occupied by
medical and dental offices relati.g to the "o3pital area. .'he other -
sites are well located and are of approxi-mately the pro?ar size to se:;e
as neighborhood shopping centers and : would assume that they will develGe
as such as soon as the population in t:.e• surroundlnz area reaches a 2oia
Where development is feasible.
We currently have no areas off College Ave.n*,;e for Co unity S'ccppi g
Centers. It is my opinion that the proposed location on the Broo.:. Co:
property is ideally located to serve t:.is function. for the area f:G„ the
foothills to Shields Street and fro,: Elizabet`. to i:or�etooz::.2oad.
analysis 'leads me to believe that it.Wol:ld be a serious :..iatake :hot to 4
institute the above policy and to thus deny the rCluest-for 16.5 acrez -
of Planned Business zoning at this location. 'Ic is only throuor. .nstit-it -
ing this kind of policy that We can reduce the pressure for 'IStrippi .o"
College Avenue and provide su:.stantial basis for the 4eniai of zoni-.g
,:` requests Which are. too Smolfi
l t0 serve as any�inb but lllii..g Slot iO: Sites.
E - Don Reynolds
. Director of Planning
Mayor Carson opened the discussion of this matter to the audience.
Dr. Riehl, Professor of atmospheric science at C.S.U., and co-author of an air pollution
study and outlook report, presented a chart showing the air currents around Fort Collins,
stating that this pattern showed that any activities producing heavy pollution should be
located east rather than west of the town. Wm. Allen, Attorney, representing the Brown's
was present and questioned Mr. Riehl concerning his report, asking if there would be less
pollution with less density. Mr. Riehl stated there would, but the location of the density
was more important. Mrs. Barbara Petit of 3635 Goodell Lane, was present and spoke at length
regarding her objections to this annexation. Hermain objections were violation of the
City's master plan; telephone service; the closeness of the proposed shopping center to
Blevins Junior High School and its possible status as an attractive nuisance; drainage, how
runoff is to be handled aad who would pay for storm sewers, concern about the developer based
on previc;;.a developments in Greeley and the Country Club Estates arealere and concern
about property values and aesthetics and airpollution, both health and visual aspects. She
presented a petition containing 145 signatures and a petition signed by teachers at Blevins,
also High School students. Dwayne Settle was present and asked that the shopping center be
clarified. He asked why this area should be annexed or rezoned until the Master plan is
shown, that the homeowners are concerned with taxes, traffic, etc. Don Reynolds stated that
a community shopping center, such as they planned, is a development containing a super-
market, variety store and perhaps a junior department store and should be located on a 10
to 30 acre plat , depending upon residential density and should serve a radius of one to two
miles. Mrs. Petit, in her arguments, stated•that area residents would not object to a
neighborhood shopping center, possibly located on the interior of the development and
would not object to reduced density with a cluster design, there by preserving open spaces and
the rural atmosphere.. Mayor Carson that the master plan was drawn so we could progress,
that the run off study has not been completed, but that it provides that the developer will
be liable for flood control. Douglas Mellott of the C.S.U. marketing department and Don
Reynolds had a difference of opinion as to the difference in a neighborhood and community
shopping Center. Mr. Mellott termed Century Mall a community shopping center. Attorney Wm.
June 3, 1971 _
Allen stated that when the farm was subject to a city initiated annexation, they asked to
be left alone and come in the City when ready and cooperate - with the City, but a recent
economic study .indicates that Fort Collins will experience the largest growth of any area
in the state, partly because of the farsightedness in planning. He stated that the Brown's
see the handwriting on the wall and realize the necessity of their property being developed
under city supervision. Auer further discussion, moti_nn was made by Councilman Lopez, that
the City's responsibility is for good planning. He said land to the east where it was
suggested be developed because of better pollution dispersal, is rich farm land while land
to the west is arid and not very productive and felt we are using the land in the best way
we possibly can, therefore this ordinance be adopted. This was seconded by Councilman
Peterson. Upon a roll call, all members voted in the affirmative with the exception of
Councilman Fead,-who voted no., stating that he vcted this way because he had reservations
about the business zoning in that area, that annexation is necessary for orderly growth, but
control of the business area is needed so that it does not create problems and suggested that
a definite criteria for shopping centers be made out by the Planning department. Mayor
Carson told the audience the Council has attempted to _ direct orderly growth, that we cannot.
build a wall around the city; stating there must be inevitible growth and added he hoped a
greenbelt could be provided and maintained. He asked those present to continue to express
themselves and contribute to the revision of the City's master plan.
AGENDA ITEM 3B
ORDINANCE NO. 25, 1971
BEING AN ORDINANCE ASSESSING THE COST OF IMPROVEMENTS IN STREET LIGHTING IMPROVEMENT DISTRICT
NO. 3, AND PROVIDING FOR THE PAYMENT AND COLLECTION THREROF
Motion was made by Councilman Fead, seconded by Councilwoman Preble, that Ordinance No. 25,
1971, be adopted. Upon a roll call, all members of the Council voted.in the affirmative.
AGENDA ITEM 3C
ORDINANCE NO. 26, 1971
BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS,
COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR
ZONING PURPOSES THE PROPERTY INCLUDED IN THE BROWN FARM FIRST ANNEXATION TO THE CITY OF
FORT COLLINS, COLORADO ..... .
After discussion, motion was made by Councilman Peterson, seconded by Councilwoman Preble,
that Ordinance No. 26, 1971, be adopted. Upon a roll call, all members voted in the
affirmative.
AGENDA ITEM 3D
ORDINANCE NO. 28, 1971
BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE
ZONING CLASSIFICATION FOR CERTAIN PROPERTY
Motion was made by Councilman Feed, seconded by Councilwoman Preble, that Ordinance No. 28,
1971, be adopted. Upon a roll call, all members of the Council voted in the affirmative.
AGENDA ITEM 3E
ORDINANCE NO. 29, 1971
BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS,
COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING ^OR
ZONING PURPOSES THE PROPERTY INCLUDED IN THE SPENCn FOURTH ANNEXATION TO THE CITY OF FORT
COLLINS. COLORADO
Motion was made by Councilman Peterson, seconded by Councilman Fead, that Ordinance No. 29,
1971, be adopted. Upon roll call, all members of the Council voted in the affirmative.
AGENDA ITEM 3F
ORDINANCE NO. 30, 1971
BEIN G AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS,
COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, SO AS TO PERMIT NURSING
HOMES IN THE R-P, PLANNED RESIDENTIAL DISTRICT, AND THE R-M-P, MEDIUM DENSITY PLANNED
RESIDENTIAL DISTRICT
Motion was made by Councilman Lopez, seconded by Counilman Lopez, seconded by Councilman
Peterson, that Ordinance No. 30, 1971, be adopted. Upon a roll call, all members voted
in the affirmative.
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197
AGENDA ITEM 4A
RESOLUTION 71-50
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING JACK L. MILLER AS A MEMBER OF THE BUILT
ING AND CONTRACTOR'S LICENSING BOARD
WHEREAS, Harry'Hepting has resigned as a member of the Building and Contractor's Licensing
Board; and
WHEREAS, the City Council desires to appoint Jack L. Miller to replace him on said Board
and Jack L. Miller has indicated he is willing to accept such appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE. COUNCIL OF THE CITY OF FORT COLLINS that Jack
L. Miller be and he hereby is appointed as a member of the Building and Contractor's
Board to fill out the unexpired term of Harry Hepting on said Board; and
BE IT FURTHER RESOLVED that Harry Hepting be and he hereby is commended for his
service to the City of Fort Collins in serving as a member of such Board from January 12,
1956 to July 1, 1971.
Passed and adopted at a regular meeting of the City Council held this 3rd day of
June, A. D. 1971.
Karl E. Carson
ATTEST:
/s/'John Bartel
City Clerk
Motion was made by Councilman Peterson, seconded by Councilman Fead, that this
resolution be adopted. Upon a roll call, all members voted in the affirmative.
AGENDA ITEM 4B - DELETED
AGENDA ITEM 5A
Report BY CITY ENGINEER ON OBJECTIONS TO SIDEWALK
REPAIR ASSESSMENTS BY OLIVAS, WOODWARD AND WILLIAMS
Tabled from May 27, 1971
Motion was made by Councilwoman Preble, seconded by Councilman Lopez, that this be removed
from the table. Upon a roll call, all members voted in the affirmative.
Woodward - Vance Phipps did not make a bid on his sidewalk repairs. Motion was made by
Councilman Lopez, seconded by Councilman Fead, that the bill remain as it is.
Upon a roll call, all members of the Council voted in the affirmative.
Olivas - The City Engineer stated Mr. Olivas said he had not been notified, but the walk
was marked, that we should have notified Mr. Olivas but time was short. Motion
was made by Councilman Fead, seconded by Councilman Peterson, that the original
cost be accepted. Upon a roll call, all 'members of the Council voted in the
affirmative.
Williams - Took out curb and gutter only and not driveway. aecommended the cost remain the
same. Motion was made by Councilman Lopez, seconded by Councilwoman Preble,
that the recommendation of the City Engineer be accepted. Upon a roll call, all
members of the Council voted in the affirmative.
St ner
Stoner - Mrs. contacted Kiefer to do the work, error on the part of the Engineering depart-
ment, and recommended the cost be reduced from $220.00 to $160.00. Motion was
made by Councilman Fead, seconded by Councilman Lopez, that this be approved.
Upon a roll call, all members voted in the affirmative.
Motion was made by Councilman Peterson, seconded by Councilman Lopez, that the City
Engineer's report be accepted and referred to the City Attorney to adopt the costs and continue
the hearing to next Council meeting.
=-
19{8
June 3, 1971
AGENDA ITEM 5B: DELETED
AGENDA ITEM 5C
BIDS -TENNIS COURT PAVING AT EDORA PARK- FIRST PHASE
A summary of the bids are as follows:
BIDDER
PROPOSAL
ALTERNATE
I ALTERNATE ii
TOTAL
Flatiron
Paving
$ 6,225.00
$1,340.00
$ 1,800.00
$ 9,365.00
Sterling
Paving
6,800.00
1,255.50
2000.00
10,055.50
Mr. H. R.
Phillips has
evaluated the.bids
and all
specifications have been
met by the low
bidder.
The recommendation is that Flatiron Paving be awardedthe contract in the amount of
$9,365.00.
Respeccfully submitted,
/s/ E. M. Kuppinger
Purchasing Agent
Motion was made by Councilman Fead, seconded by Councilman Peterson, that the recommendation
of the Purchasing Agent be approved. Upon a roll call, all members voted in the affirma-
tive.
AGENDA ITEM 5D
BIDS
TO: Tom Coffey, City Mana.,er I
THRU: Ed Kuppinger, Purchasing Agent
FROM: Roy A. Bingman, City Engineer
RE: Bid Tabulation of ,fay 28, 1971..
Enclosed hcrewith is a tabulation of the bids which were received on
May 28, 1971, for the constriction of 20 inch Dartmouth Avenge and 6 inch
Welch Street rater iMalns, Sanitary Sewer Improve:?-ont District No. 55 and
for the construction of 12 inch water main in Drake Road.
All the bids received for Sanitary Sewer Improvement District No. 55
exceeded the estimate for the district. We have previously advartized and
received only one bid, which was over the estimate of $15,418. Two items
in the contract for asphalt repair totaled $7,400 and resulted in the bid
exceeding the estimate. Since this price is excessive for asphalt repair,
we have proposed to the low bidder that these two items be deleted from
the contract and a change order issued for asphalt repair at a negotiated
cost. The low bidder has agreed to the change, and the City Attorney has
advised that this is proper. One of the paving companies has been contacted
and indicates that this can be done with a paving machine for approximately
$2,000.
The following is a summary of bids for Sanitary Sewer Improvement
District No. 55 when items No. 5 and No. 6 are deleted:
Ja1ts_en Construction Company $11,159.94
Colorado-:9yomina Construction, Inc. 12,271.05
Colorado Pipe Lines, Inc. 11,435.30
Engineer's Estimate 11,736.00
The following is a summary of the grand total for the entire contract
(excluding items No. 5 and No. 6 of Sanitary Sewer Improver„ent District No
Jansen Construction Company $89 689.99
Colorado-i',yoming Construction, Inc. 95,930.73
Colorado Pipe Lines, Inc. 91, 027.60
`"' - Engineer's Estimate 79,900.00
55.)
199
Although the Jansen Cons tructi.on Company's, revised grand total (excludln
items No. S and No. G of Sanitary JC1Ser Improvement District Die. 55) exceeds
the Engineer's Estimate, ;-.c feel that the additional cost reflects hig'ner
costs of materials, labor and asphalt paveicnt repair; we therefore, reco::.mend
that the contral-L (less items No. 5 and No. G of Sanitary Se:;er Improvo.aent
District No. 55) be al•;arded to the low bidder Jansen Construction Company.
ResncctfullV UDMitted,
ill
V
Roy A. >ingman
......_ - - _ City Engineer - '......_
After discussion, motion was made by Councilman Fead, seconded by Councilman Peterson,
that the recommendation of the City Engineer be approved. Upon a roll call, all members
voted in the affirmative.
AGENDA ITEM 5E
DEDICATION OF EASEMENT
Dedicate, quit claim and convey to the City of Fort Collins..) a right of way and easement
20 foot in width to be used for storm drainage purposes by Donald Johnson. This easement
across this property is to drain Alvin Miller's property. Motion was made by Councilman
Lopez, seconded by Councilwoman Preble, that this be approved. Upon a roll call, all
members voted in the affirmative.
AGENDA ITEM 6A
REPORT OF PLANNING & ZONING BOARD
REZONING APPROXIMATELY 3.0 ACRES FROM RL TO RM ZONE
The Fort Collins Planning and Zoning Board considered this item at its June 1, 1971,
meeting and recommends denial.
Petitioners: Russell J. and -Helen M. Buck.
Location: NW 1/4 of Section 15, 300 feet south of Orchard Place, 380 feet north of
Plum Street and east of South Taft Hill Road.
Respectfully submitted,
/s/ Rick Cisar
Acting Secretary
Motion was made by Councilman Fead, seconded by Councilwoman Preble, that the recommendation
of the Planning and Zoning Board be approved. Upon a roll call, all members voted in the
affirmative.
AGENDA ITEM 6B - TABLED BY PLANNING AND ZONING BOARD
AGENDA ITEM 6C
REPORT OF PLANNING AND ZONING BOARD
SUBJECT: 72-71. Consider the Worthington Farm First Annexation Petition and zoning
involving 241.587 acres with RL, low Density Residential zoning (226.587
acres) and RP, Planned Residential zoning (15 acres).
The Fort Collins Planning and Zoning Board considered this item at its June 1, 1971,
meeting and recommends approval.
Petitioners: Mrs. Gladys R. Worthington and the Tri City Development Company,William R.
Collins, Vice President.
Location: West 1/2 of Section 26, bounded by hhe City Limits on the north and east
and south Shields Street on the west.
Respectfully submitted,
Rick Cisar
/s/ Acting Secretary
Motion was made by Councilman Peterson, seconded by Councilwoman Preble, that the recommen-
dation of the Planning and Zoning Board be approved and the matter referred to the City
Attorney to prepare the necessary ordinance. Upon a roll call, all members voted in the
affirmative.
AGENDA ITEM 6D
REPORT OF PLANNING AND ZONING BOARD
SUBJECT: 68-71. Consider revisions to the BG, General Business zone and HB, Highway
Business.zone to include pet shops as a permitted use.
June 3, 1971
I
The Fort Collins Planning and Zoning Board considered this item at its June 1, 1971,
meeting and recommends approval.
Respectfully submitted,
%s/ Rick Cisar
Acting Sec.ctary
Motion was made by Councilman Lopez, seconded by Councilman Fead, that the recommendation
of the Planning and Zoning Board be approved and the matter be referred to the City Attorney
for the necessary resolution and notice of hearing, and that this resolution exclude
boarding kennels. Upon a roll call, all members of the Council voted in the affirmative.
AGENDA ITEM 6E. TABLED BY P & Z BOARD
AGENDA ITEM 6F
REPORT OF THE PLANNING AND ZONING BOARD
SUBJECT:: #79-71. Consider plat of the Second Campi:; West Subdivision involving 1.4 acres
The Fort Collins Planning and Zoning Board considered this item at its June 1, 1971 meeting
and recommends approval.
Developer: Shamrock Land and Cattle Company.
Location: SE 1/4 of Section 15, south of West Elizabeth Street and 605 feet west of Shields
Street.
Respectfully submitted,
/s/ Rick Cisar
Acting Secretary
Motion was made by Councilman Fead, seconded by Councilman Peterson, that the recommendation
of the Planning and Zoning Board be accepted. Upon a roll call, all members of the Council
voted in the affirmative.
AGENDA ITEM 6i;
REPORT OF THE PLANNING AND ZONING BOARD
SUBJECT: #65-71. _Consider Unit Development Plan for Lot 173 through 182 andTract "M"
�, of- Southmoor Village, Third Filing, involving 7.36 acres with RP,
Planned Residential zoning
The Fort Collins Planning and Zoning Buard considered this item at its June 1, 1971,
meeting and recommends approval.
Developer: Everett Enterprises.
Location: E. 1/2 of Section 25, 1/2 mile south of East Drake Road and 800 feet west of
Lemay Avenue.
Respectfully submitted,
Rick Cisar
Acting Secretary
Motion was made by Councilman Fead, seconded by Councilman Peterson, that the recommendation
of the Planning and Zoning Board be approved, subject to the easement for utilities. Upon
a roll call, all members voted in the affirmative.
ITEM NOT ON AGENDA
REPORT OF PLANNING AND ZONING BOARD
SUBJECT: #75-71 and #76-71. Consider Plat and Unit Development Plan of an office
building for the G.S.A. Project involving approximately 5.3 acres with BP,
Planned Business zoning.
The Fort Collins Planning and Zoning Board considered this item at its June 2, 1971,
meeting and recommends denial.
Architect: Donald R. Roark and Associates.
Location: SE 1/4 of Section 22, north of Drake Road and 340 feet west of South Shields.
Respectfully submitted,
/s/ Rick Cisar
Acting Secretary
The Planning and Zoning Board recommends . denial of the plan because the planned business
zoning at the corner originally was meant for a neighborhood shopping center, that if an
office was built, there would be pressure for additional business, zoning at one of the other
three corners, also traffic would be a problem.
. , .,.« ..,,„:.,,.. _ ....� _....._ .. ._ ..- .. .:. _. ,... ,..� ter. -._. •.� _ ::>;... . _
201
----- --- ----------. -------June=3„_19.7..1.--
Donald Roark of the Donald R. Roark E Associates, architectural firm in Denver, hired by
owners of the land, said original plans for the business zoning were for a series of
convenience shops and a restaurant, not for a neighborhood shopping canter. Mr. Roark
said his client was more interested in a smaller scale business development with more
charm than a neighborhood center,with a green area. He said supermarkets are not interested
in the site because it is tco close to College Avenue and othar established grocery s,o103.
He said plans submitted to the General Services Administration for a National Forest
Service Finance office call for 5.31 acres of the 8 acre tract for the building and parking
and the remaining 2.7 acres for shopping facilities. He stated the building would be a one
story. building coTPatible with PH zone, that we have to give GSA a letter showing we can
get a building permit as we cannot acquire this if we'cannot stay on schedule with GSA.
Mr. Roark said a GSA decision on a site for the finance office should be known by September
and if his firm is not awarded the contract ,'he would return with another planned
development for consideration.
Mayor Carson stated that because a community shopping center had been approved one mile
west, the Council could deny any pressure for more business zoning in the immediate area.
Councilman Fead stated he found this proposed development rather attractive and moved to
reverse the decision of the Planning and Zoning Board and to continue with the plans of
GSA. This was seconded by Councilman Lopez. Upon a roll call, all members voted in the
affirmative. Mr. Roark said the ut'.lity plat will be furnished later.
Councilman Fead stated he had strong reservations about the zoning of the Brown farm and
suggested the Council get a core of Engineers from HUD do a flood plain study. The
Director of Public Works stated that this is being done, that Weld County is in the
study also. Councilman Lopez said we cannot keep Fort Collins from growing.
ADJOURNMENT
Motion was made by Councilman Fead, seconded by Councilman Lopez, that the Council adjourn
to June 17, 1971. Upon a roll call, all members voted ithe affirmative and the Council
adjourned.
F
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