HomeMy WebLinkAboutMINUTES-08/16/1977-Regular1
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August 16, 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, August 16, 1977 at 5:30 p.m. in the
Council Chambers in the City of Fort Collins City Hall.
Roll call was answered by the following Councilmembers:
Bloom, Gray, Russell, Suinn and Wilkinson.
Absent: Councilmembers Bowling and St. Croix.
Staff Members Present: Lanspery, Krempel, Kaplan, Wood, Deibel,
Lewis, Case, Sanfilippo and Smith.
Also: City Attorney Arthur March, Jr.
Minutes of the Adjourned Meeting of
of July 26, 1977 Approved as Published
Councilman Russell made a motion, seconded by Councilwoman Gray
to approve the minutes of the adjourned meeting of July 26, 1977
as published. Yeas: Councilmembers Bloom, tray, Russell, Suinn
and Wilkinson. ,Nays: clone.
THE MOTION CARRIED
Report from Citizens Tax Committee
(Secretary's Note: This report was started at 5:00 p.m. and
continued after call of the meeting to order at 5:30 p.m.)
Following is the Tax Committee's report:
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August. 16, 1977
The Citizens Tax Committee was appointed by you in early February, 1977,
and has been meeting since that time on a weekly basis. The original
tasks as set forth by you for the Committee are as follows:
1. Future capability to finance present service levels
2. Alternative sources that might be adopted in the event
of new reserves being required
3. Alternative revenue structures and programs to lessen
the tax burden on the elderly and the low-income persons
During this six-month period, the Tax Committee has had the opportunity
to meet with most of the department heads from the City of Fort Collins.
They are most helpful in giving us input and deciding the areas we should
be concentrating. We appreciate the time the city administration department
has been taking with us and assisting us to accomplish our goals. The
Committee has had a very enlightening educational experience.
The Committee, after much deliberation, decided to focus their attention
on three particular areas: 1) the payments in lieu of taxes for the
Utility Department 2) the property taxes impact on the city and 3) the
utility and property tax rebate programs.
The first recamendation that is in lieu of tax payment, the recarmendations
of the Committee are as follows:
1. Adopt a formula for calculating a payment equal to the amount
a private utility would pay in city taxes and franchise fees.
It is the feeling of the Committee that this should probably
not be adopted until 1980, at which time the expiration cores
about of the present city sales tax. Adopting this formally
at the present time would mean a decrease income to the general
fund, or approximately $779,000. Should this take place, the
offset would have to care from city sales tax. At the present
time, this would require approximately one third of a cent
increase in city sales tax. The sales tax approach would spread
the administrative costs over more areas than tacking it on
just to the utility users in the city of Fort Collins.
The second reccmTendation in the in lieu of taxes area, is that
the Committee feels its in lieu of tax payment right now is a
hidden tax that most utility users are not aware of. The Committee
is reoomending that this be shown as a separate item on the
present utility bills. Pie understand this requires a software
change as far as the computer application and preparation of
the utility bills. We feel that the utility users in the city
of Fort Collins should be aware of this additional tax.
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August 16,. 1977
We think the city council should review the alternative method
to determine the transfer payment to the general fund as outlined
in the now from Stan Case to Mr. Brunton, dated May 9, 1977. A
copy of such mano is attached.
2. The second recommendation is in the property tax area. The Committee
feels that the city should take the position that the funds received
from property tax assessment, based on the 1977 reassessaent values
to be received in 1978, should not exceed 10% of the income that was
derived in 1977 from 1976 property taxes. It is the feeling of the
Committee that this dollar amount should be established and then
back it into the mill rate, and establish the mill rate from that
point. The mill rate, as the Committee sees it, would fall between
8.10 and 9.30. The city will have received approximately $1,250,000
from the property tax payments in 1977, based on 1976 property taxes.
With the 10% increase, the city would receive approximately $1,380,000.
This is net of the 2% fee the county charges for handling the property
tax receipts.
3. The third recormendation of the Commiittee has to do with two phases,
A) utility rebate program and B) the food sales tax.
A. Utility Rebate Program
Existing city ordinance presently enables only senior citizens
using city water, sewer and electricity to receive any rebate.
The Committee recommends a complete review of the program and
' suggests that rebates be allowed on pro-rata share for individuals
that may use just one of the services, and not restrict it just
to users of all services. It is also recommended that the city
review the utility rebate program. As the Committee understands
it, the utility rebate program was based on the 1974 utility rates.
With the utility rate increases we've seen since 1974, it would
seem justified to be refunding more than $25 to those senior
citizens qualifying for the rebate.
B. Food Sales Tax
The Committee would recarmend a rebate program to be established
for senior citizens and low-income families for a rebate for city
sales tax paid on food purchases. It would seem appropriate to
use Chapter 106 of the Code of the City as the basis for this
refund. With this recarnrendation, we have particularly emphasized
that the rebate program include those people on the food stamp
program. Information derived from Tarilmer County Social Services
indicates that there are presently 372 old -age pensioners receiving
food stamps. It is our understanding that the payment of the
taxes carries from the food stamps, and thereby, reduces their
purchasing power for food at the grocery store. The Council
requests additional support in developing through proposals as
presented by the Committee, the Committee would be more than
happy to do so. We would recommend that after the completion of.
these proposals that the Ccny ttee be dissolved.
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August 16, 1977
The Citizens' Tax Committee members present were Roger Gunlikson,
Jack E. Cermak, M.S. McClaran and John Sundstedt who spoke to
their sub -committee reports.
Interim City Manager Lanspery stated concerning the budget process
that the administration will submit the budget on the first of
September with the revenue structure on the in lieu of taxes
being as it is and with the revenue structure for the mill levy
being at 9.5 mills.
Human Resources Director, John McGraw, addressed the utility
rebate to single utilities in his budget and the increase of.
the $25.00 was discussed. The only item which has not been
addressed to date is the rebate for city sales tax paid on food,
but it can be addressed as a human resource program.
Council took no further action on this item but expressed
appreciation to the committee for the timeless efforts on the
issue.
Light and Power Reserve
Following is the City Manager's memorandum and recommendation on
this item and a listing of ,the six options which Director of
Electric Utilities Stan Case had previously presented.
"During a July Council session, Stan Case presented various options
concerning Light and Power reserves for the next five years. At
that time, Council indicated that a decision on the level of.
reserves would be made after the Citizens' Tax Committee pre-
sented their report to Council.
The Light and Power budget reflects two reserves. The first is
an operating reserve and is maintained based on one/twelfth of
the current year operating budget. The second is a capital
budget reserve, and was maintained at varying levels over the
past years. This reserve is of greater magnitude and its level
is determined by several factors: (1) the level of capital
expenditures required in a given year; (2) the extent to
which rate increases are equalized over a period of time; and
(3) the need for a reserve to handle emergency situations.
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Council will have the opportunity to more thoroughly review
revenues and expenditures of the Light and Power Department
during budge deliberations in September.
Recommendation: The Administration recommends that Council
determine an agreed upon level of reserves and direct the
Administration to prepare the Light and Power Long Range -Plan of
Expenditures based upon those reserves."
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August 16, 1977
"Option No. 1 shows the financial position of Light and Power
if we were to follow the rate increases projected in the 1977
Rate Report. Due to unanticipated increased growth and kwh sales,
this would provide revenues in excess of actual needs.
0 tion No. 2 recognizes the unanticipated growth, takes into
consn the need to make rate changes effective January 1
tracking PRPA increases, and maintains the City Council's present
capital reserve policy.
0 tion No. 3 reflects no increase in rates in the five-year
perio wou d consume present capital reserves, and require debt
financing of $21,276,000 in that period. At some point, rates
would have to be raised considerably to cover debt service.
00tion No. 4 reflects a rate program aimed at reducing the Light
an Power capital reserve fund to zero at the end of the five-
year program.
Options No. 5 and 6 track actual cost of service with no attempt
to ease or spread —the burden over a period of years. No. 5
retains the present reserve policy, while No. 6 shows the Light
and Power financial position if we were to aim at a zero reserve
balance at the end of five years.
' It would be the recommendation of the Light and Power Department
that the capital reserve fund be varied based upon maintaining
competitive rates and a strong financial position over the long
term. It is our feeling that Option No. 2 best meets that goal."
Councilwoman Gray stated she wished to remind Council and the
administration that earlier in the year the establishment of a
committee to take a look at the rate structure had been recommended.
Director of Electric Utilities Stan Case stated a report would be
forthcoming.
Interim City Manager Lanspery stated the budget will be submitted
in this area under:present policy two.
Use of Citv Jail Facilitv
Following is the City Manager's memorandum and recommendation
and the Police Chief_'s memorandum on this item:
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"Attached is a memo from Ralph Smith, Police Chief, concerning a
proposal from Larimer County on the use of our jail as a juvenile
detention facility. Representatives from the County Sheriff
Department will be present at the Tuesday, August 16, 1977, Council
meeting to discuss this topic with you.
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August 16, 1977
Recommendation: The Administration recommends that the City
Council direct the Administration to proceed with the drafting
of a contract which would allow for the County's use of our jail
as a juvenile detention facility. It is understood that Council,
will approve the final recommended contract."
"I would like to schedule a presentation to Council at their
meeting August 16, concerning the jail consolidation.
This proposal has been presented to the County Commissioners and
they have requested that a contract be drawn between the City and
County. This is being prepared, but we do not have the draft as'
yet.
We would like the Council to be aware of these proposed changes so
that they can be better informed when the final presentation is
made."
Police Chief Smith spoke to the near crisis situation in the short
term detention of juveniles, which must now be housed in the
Larimer County Jail. Sheriff Robert Watson and Jack Colwell,
Jail Administrator: for Larimer County, also addressed the problem.
Councilwoman Gray expressed concern that if the City'.s jail was
converted into a temporary holding facility that it would not
develop into a longer term facility for detention. t
Ms. Linda Brubaker, representing the League of Women Voters, spoke
in support of the proposal.
Councilman Wilkinson made a motion, seconded by Councilman Suinn
to adopt the recommendation of the administration. Yeas: Council -
members Bloom, Gray, Russell, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Computer Contract Settlement
Following is the City Manager's memorandum and recommendation on
this item:
"Attached is a report from Mike DiTullio, General Administrative
Services Director, concerning a proposed computer settlement with
Larimer County.
Since our decision to purchase our own computer, we have been
working on closing out our arrangement with the County and our use
of the PDP-10 computer. One area of disagreement between the City
and the County has been on the exact timing (both starting and '
ending dates) of our 60-month contract with the County and Digital
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August 16,. 1977
Equipment Corporation. Essentially, we contend that our obligations
' ended on March 31, 1977, while the County contends they will end
in September of 1977.
The proposed settlement establishes our contract termination date
on June 30, 1977, which is a 50/50 compromise on the issue.
Recommendation: The Administration recommends that the City Council
approve the proposed compromise agreement to terminate our computer
arrangement with Larimer County."
General Administrative Services Director Mike DiTullio spoke to
the attempt made.to arrive at;a compromise agreement.
Mayor Bloom stated he did not feel the compromise was equitable
to the City taxpayers. Councilman Wilkinson inquired if the
administration had contacted Poudre R-1 or.others to ascertain
whether they would be interested in purchasing the City's share
of the computer, and if not that this be done.
Councilwoman Gray made a motion, seconded by Councilman Russell
to approve the compromise agreement to terminate our (the City's)
computer arrangement with Larimer County. Yeas: Councilmembers'
Gray and Russell. Nays: Councilmembers Bloom, Suinn and Wilkinson.
' THE MOTION 14AS DEFEATED
Councilman Suinn recommended the staff go back and re -negotiate
with the County Administration; the staff will also explore selling
its share to other users.
Recent Rain Storm
Following is the City Manager's memorandum on this item and also
the written report prepared by Director of Engineering Services
Roy A. Bingman follows:
"Roy A. Bingman, Engineering Services Director, would like to
take about fifteen minutes at the Council meeting to update you
on the impact of the recent rain storm in the city. Information
will be distributed to Council at the August 16, 1977, meeting."
"I. Purpose
The purpose of this report is to describe some of the problem areas
which were encountered in the recent heavy rains, and to emphasize
the need for a drainage program which will enable us to deal with
' these problems and keep up with drainage as the City continues to
grow.
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August 16, 1977
There is obviously little we can do in the middle of a rainstorm '
to correct drainage deficiencies. The staff of the Engineering
Office and the Street Department did as much as possible to
correct problem areas. The emphasis must now be on developing
solutions to problem areas, and creating an.overall drainage
system which will drain each sub -basin to Spring Creek or the
Poudre River.
II. General
A. The storm was of moderate intensity over a period of several
days. The peak rainfall for a 24-hour period during the storm was
4.3 inches. The storm appeared to be concentrated in the south-
east portion of the City. We have not assigned a frequency to
the storm because of the relatively long duration of the rain.
The storm was significant by virtue of the amount of rain which
fell, and by the fact that the ground became saturated, resulting
in a large amount of runoff.
III. Problem Areas
A. E. Drake Road
Lemay and Drake intersection was flooded; Parkwood Lake was full
and threatening one of the homes; the Lake outlet is a headgate '
which must be operated by hand and drains through the farm on the
east side of Parkwood Subdivision.
B. Riverside Drive
The area behind N. 0. Nelson was three feet deep with runoff; the
water from the Water Pik parking lot was running across Riverside
Drive; the outlet pipe under the railroad tracks is buried in
sawdust on Cook Lumber.
C. CSU Stadium
Water from the stadium site ponded on the parking lot area, and
finally overtopped the embankment along the north side; flooding
several apartments on Alvin Miller's development. The City staff
met with CSU officials and Mr. Miller and is attempting to develop
a solution to the problem.
D. Woodwest Subdivision
The detention pond was filled to capacity; the temporary pump
system could not operate because of the water level in the New
Mercer Canal.
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August 16, 1977
E. Other problem areas
' Attached to this report are notes of all the problem areas and
observations of high water which were made by the staff and by
Bittinger and Associates. The notes are not intended to be a com-
plete list of all problems in the City, and observations may have
been made after the worst of the storm had passed.
IV. Drainage Program
A. Staff
The City staff and the Storm Drainage Board have recommended
a program for 1978 which would include addressing many of the
problems which occurred during the recent storm.
The budget proposals which are presently under consideration
included a request for additional staffing for 1978. This
staffing is necessary for the completion of drainage basin plans
in various parts of the City.
B. Financing
A storm drainage program is difficult to develop for several
reasons:
' 1. The analysis of problems and design of facilities is complex
and time consuming; it is easy to relegate storm drainage to the
bottom of the priority list in the press of day-to-day business.
2. It is difficult to finance storm drainage improvements, both
in the area of design, and in the construction of the facilities."
Director of Engineering Services Roy A. Bingman identified the
areas on a city map and responded to Council questions on this
subject.
Ordinance Adopted on Second Reading
Annexing the Timberline-Horsetooth Annexation
Following is the City Manager's memorandum on this item:
"Ordinance No. 96, 1977, was adopted on first reading at the adjourned
meeting of the City Council on July 26, 1977.
The Timberline-Horsetooth Annexation consists of 36.8 acres located
at the southwest corner of Horsetooth Road and Timberline Road
immediately south of the new building site for Platte River Power
Authority. This is a voluntary annexation recommended by the
' Planning staff and Planning and Zoning Board."
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August 16,.1977
Councilman Russell made a motion, seconded by Councilman Wilkinson
to adopt Ordinance No. 96, 1977 on second reading. Yeas: Council-
membersI
Bloom, Russell and Wilkinson. Nays: Councilmembers Gray
and Suinn.
THE MOTION CARRIED
ORDINANCE NO. 96 , 1977
BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE
TIMBERLINE-HORSETOOTH ANNEXATION TO
THE CITY OF FORT COLLINS
WHEREAS, heretofore, a written petition, together with four prints
of an annexation map was filed with the City Clerk of the City of Fort
Collins requesting the annexation of certain territory more particularly
described below to the City; and
WHEREAS, the City Council has found and determined and does hereby
find and determine that said petition is in substantial compliance with
the provisions of Colorado Revised Statutes, 1973, Section 31-8-107 as
amended; and
WHEREAS, the owners of 100% of the property to be annexed have
petitioned for said annexation; and
WHEREAS, not less than one -sixth (1/6th) of the perimeter of the '
area to be annexed is contiguous with the City of Fort Collins and a
community of interest exists between the territory to be annexed and
the City of Fort Collins and the territory to be annexed is urban or
will be urbanized in the near future and such territory is integrated
or is capable of being integrated with the City of Fort Collins; and
WHEREAS, none of the provisions of Colorado Revised Statutes, 1973,
Section 31-8-105 as amended, are violated by the annexation of this
territory to the City; and
WHEREAS, no election is required under the provisions of Colorado
Revised Statutes, 1973, Section 31-8-107 (2) as amended, and no additional
terms and conditions are to be imposed in connection with this annexation;
and
WHEREAS, the territory is eligible for annexation and the City Council
desires to annex the same to the City of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. That all of the territory more particularly described as
situate in the County of Larimer, State of Colorado, to -wit:
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A tract of land situate in the Northeast 1-4 of Section 31,
Township 7 North, Range 68 West of the Sixth P.M.,
' Larimer County, Colorado, which, considering the North
line of said Section 31 as bearing N 890 57' E and with
all bearings contained herein relative thereto, is con-
tained within the boundary lines which begin at the North-
east corner of said Section 31 and run thence South 1329.85
feet along the East line of the Northeast ', of said Section
31; thence N 89058' W 1208.54 feet to a point on the
Westerly right of way line of the Union Pacific Railroad;
thence along said right of way line, N 00005'20" E 1328.10
feet to a point on the North line of said Section 31; thence
N 89057' E 1206.48 feet to the point of beginning, containing
36.8399 acres, more or less.
be and the same hereby is, annexed to the City of Fort Collins and made
a part of said City, to be known as the Timberline-Horsetooth Annexation.
Section 2. That in annexing said territory to the City of Fort
Collins, the City of Fort Collins does not assume any obligation respecting
the construction of water mains, sewer lines, gas mains, electric service
lines, streets or any other services or utilities in connection with
territory hereby annexed except as may be provided by the ordinances of
the City of Fort Collins.
Section 3. Within ninety (90) days from the date this ordinance
' becomes effective, no building permit shall be issued for any of the lands
herein described unless said lands have been zoned under the zoning
ordinances of the City.
Introduced, considered favorably on first reading and ordered
published this 26th day of July A.D. 1977, and to be presented for
final passage on the 16th day of August A.D. 1977.
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May
ATT ST: /�/
City Clerk
Passed and adopted on final reading this 16th day of August
A.D. 1977. /7 - —
ATTEST:
City Clerk
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August 16, 1977
First Reading: July 26, 1977 (Vote: Yeas:
Second Reading: August 16, 1977 (Vote: Yeas:
Dates Published: July 31, 1977 and August 21, 1977
Attest::
City Clerk
Ordinance Adopted on Second Reading
Zoning the Harmony Annexation
3, Nays: 2)
3, Nays: 2)
Following is the City Manager's memorandum on this item:
"Ordinance No. 97, 1977, was approved on first reading at the
August 2, 1977, City Council meeting.
The Harmony Annexation consists of 234.8 acres located on Harmony
Road east of County Road 45 (Lemay Avenue). The petitioner has
requested T-Transition zoning which was approved unanimously by
the Planning and Zoning Board at their July 11, 1977, meeting."
Councilman Wilkinson made a motion, seconded by Councilwoman Gray
to adopt Ordinance No. 97, 1977 on second reading. Yeas: Council -
members Bloom, Gray, Russell, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
ORDINANCE NO. 97 , 1977
BEING AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE OF
THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING
ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE
PROPERTY INCLUDED IN THE HARMONY ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That the Zoning District Map adopted by Chapter 118
of the Code of the City of Fort Collins, be and the same hereby is,
changed and amended by including the property known as the Harmony
Annexation to the City of Fort Collins, Colorado, in the T, Transition
District.
Section 2. The City Engineer is hereby authorized and directed
to amend said Zoning District Map in accordance with this ordinance.
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August 16, 1977
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Introduced, considered favorably on first reading and ordered
published the end day of August A.D. 1977, and to be presented
for final passage on the 16th day of August , A.D. 1977.
ATTEST:
City Clerk (Deputy)
Passed and adopted on final reading this
A.D. 1977.
ATTEST:
City Clerk
16th day of Au¢ust
First Reading:! August 2, 1977' (Vote: Yeas: 5, Nays: 0)
Second Reading: August 16, 1977 (Vote: Yeas: 5, Nays: 0)
Dates Published: August 7, 1977 and August 21, 1977
Attest:
City Cler
Ordinance Adopted on Second Reading
Amending the Subdivision Ordinance
Following is the City Manager's memorandum on this item:
"Ordinance No. 100, 1977, was approved on first reading at the
August 2, 1977, City Council meeting.
The changes accomplished by this Ordinance will allow for greater
flexibility in the development of subdivisions while our entire
Subdivision Ordinance is being reviewed and revised. Primarily,
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August 16, 1977
this Ordinance will create a new street classification for the
Subdivision Ordinance known as a "place" which is limited in
its maximum length and number of lots. This place street will I
allow for no greater than a 50-foot right.of way and a 32-foot
pavement."
Councilwoman Gray made a motion, seconded by Councilman Russell
to adopt Ordinance No. 100, 1977 on second reading. Yeas: Council -
members Bloom, Gray, Russell, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
ORDINANCE NO. 100 , 1977 .
BEING AN ORDINANCE AMENDING
SECTION 99-1 B AND SECTION 99-5 B (10)
OF THE CODE OF THE CITY OF FORT COLLINS
BEING PARTS OF THE SUBDIVISION
ORDINANCE AND RELATING TO STREETS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Section 99-1 B of the Code of the City of '
Fort Collins be, and the same hereby is, amended by adding thereto
in appropriate alphabetical order an additional subsection F under
the definition of the word, "STREETS", said subsection to read as
follows:
"F. PLACES - Minor ways used primarily for vehicular
access to the abutting properties, provided
that no place shall have a length greater than
three hundred and fifty (350) feet and provided
further that no place shall have more than eleven
(11) abutting lots."
Section 2. That Section 99-5 B (10) of the Code of the City
of Fort Collins be, and the same hereby is, amended to read as follows:
"(10) Street, alley and easement right-of-way widths
and grades shall meet the following standards:
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August 16, 1977
Minimum Right-
Minimum
Maximum
of -Way Width
Grade
Grade
Classification
(feet)
(percent)
(percent)
Major arterial streets
100
0.4
5
Collector streets
80
0.4
8
Local streets
60
0.4
8
Marginal access streets.
40
0.4
8
Places
50
0.4
8
Alleys (where permitted)
20
None
None
Side yard easements
10
None
None
All other easements
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None
None
The full width of any street shall be dedicated and
half streets shall not be permitted."
Introduced, considered favorably on first reading, and ordered
published this end day of August , A.D. 1977, and to be
presented for final passage on the 16th day of August , A.D. 1977.
IATTEST:
City Clerk Deputy
Passed and adopted on final reading this
A_fl_ 1977_
ATTEST:
City Clerk
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16th day Of August,
August 16, 1977
First Reading: August 2, 1977 (Vote: Yeas: 4, Nays: 1)
Second Reading: August 16, 1977 (Vote: Yeas: 5, Nays: 0)
Dates Published: August 7, 1977 and August 21, 1977
Attest:
City Clerk
Ordinance Adopted on Second Reading
Zoning the Cunningham Corner Second Annexation
Following is the City Manager's memorandum on this item:
"Ordinance No. 101, 1977, was adopted on first reading at the
August 2, 1977, City Council meeting.
The Cunningham Corner Second Annexation consists of 39 acres
located on the northeast corner of South Shields Street and
Horsetooth Road. The petitioner has requested T-Transition
zoning for this property to allow additional time to decide
on which City zoning district classification will best accom-
modate the contemplated uses."
Councilman Wilkinson made a motion, seconded by Councilman Suinn I
to adopt Ordinance No. 101, 1977 on second reading. Yeas:
Councilmembers Bloom, Gray, Russell, Suinn and Wilkinson. Nays:
None.
THE MOTION CARRIED
ORDINANCE NO. 101 , 1977
BEING AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE OF
THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING
ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE
PROPERTY INCLUDED IN THE CUNNINGHAM CORNER SECOND
ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That the Zoning District Map adopted by Chapter 118
of the Code of the City of Fort Collins, be and the same hereby is,
changed and amended by including the property known as the Cunningham
Corner Second Annexation to the City of Fort Collins, Colorado, in
the T, Transition District.
Section 2. The City Engineer is hereby authorized and directed
to amend said Zoning District Map in accordance with this ordinance.
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August.16, 1977
Introduced, considered favorably on first reading, and ordered
published this end day of August' A.D. 1977, and to be presented
for final passage on the 16thday of August A.D. 1977.
ATTEST:
a i►.. �,
City Clerk eP
Passed and adopted on final reading this 16th
A.D. 1977.
ATTEST: I
City Clerk
day of August
First Reading: August 2, 1977 (Vote: Yeas: 5, Nays: 0)
Second Reading: August 16, 1977 (Vote: Yeas: 5, Nays: 0)
Dates Published: Augusty7, 1977 and August 21, 1977
Attest -
City Clerk
Stagecoach Subdivision Detention Pond
Maintenance Request Tabled to September 6 1977
Following is the City Manager's memorandum and recommendation on
this item:
"This matter was discussed by Council in January of this year. The
issue at hand concerns the amount of money that United Bank should
place into a Certificate of Deposit to provide interest money for
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August 16, 1977
yearly routine maintenance at the site. The bank and City staff
proposed a $5,000 Certificate of Deposit. City Council, however,
directed the Administration to negotiate a $10,000 Certificate
of Deposit with United Bank. We were asked by the bank that
Council reconsider their action and accept a $5,000 level.
Recommendation: The Administration recommends that the City
Council ear the representatives from United Bank concerning their
request and consider changing the Certificate of Deposit from
$10,000 to $5,000."
Mr. George Mock, Executive Vice President of the United Bank of
Fort Collins, spoke briefly to the prior negotiation with former
City Manager Brunton on this item and again requested Council
approve the agreement with the $5,000 figure.
Councilwoman Gray made a motion, seconded by Councilman Suinn to
approve the agreement in the form that is in the agenda. (This
motion was later withdrawn.)
Councilmembers inquired into the Director of Engineering Services'
recommendation and into the possibility of amending the agreement
to include a "disaster clause" which would be covered by the bank
should there develop any problems with the pond prior to annexa-
tion to the City. Mr. Mock responded that once the development is
completed, the bank would step out of the picture.
Councilwoman Gray made a motion, seconded by Councilman Russell to
table this item to September 6, 1977 to allow the administration
and the bank to work out a compromise. Yeas: Councilmembers
Bloom, Gray, Russell, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Mayor Bloom declared a recess to 7:50 p.m.
Citizen Participation
Mayor Bloom proclaimed the following:
Proclamation for August 26, 1977, as Fort Collins Women's
Equality Day.
Proclamation for September 4 through September 5, 1977, as
Jerry Lewis Muscular Dystrophy Telethon Weekend.
1
1
18 1
August 16, 1977
Report from City Manager
Interim City Manager Lanspery made the following reports and
announcements:
a. Thursday, August 18, 1977, Ron Wood, Roger Krempel, Dunn Krahl
and Interim City Manager Lanspery will fly to New York for
a meeting with the bond rating agencies on the Joe Wright Bond
Sale. It is hoped that the AA rating which the City now has
will be raised to AAA.
b. Woodward Governor has almost completed the landscaping at the
Library. Interim City Manager Lanspery is recommending that
when this is completed special recognition be given to
Ron Fulkrod's crew.
C. Bill Holmes has turned in his resignation; a reception at the
Ludlow Room for Mr. Holmes on August 29 is planned and City
Council is invited.
d. The City has been declared eligible under the EDA "Pocket of
Poverty" Program with a planning target amount of $945,000.
The problem is that the City must send the application in
within eight days.
' This item will be taken up at an adjourned meeting of the
Council to be scheduled for August 23, 1977.
e. Interim City Manager Lanspery distributed the preliminary
agenda.for the work sessions of August 23 and August 30.
f. Assistant to the City Manager Susan Jones has remarried and
her married name is Sanfilippo.
g. The Lake Sherwood East proposed developers have requested this
item be placed on the September 6, 1977 City Council agenda.
h. The Planning and Zoning Board will hold a special meeting on
August 23, 1977 at 7:00 p.m. to discuss the land use alterna-
tives in the southeast annexations of the City.
Report from the City Council Members on Committees
a. Councilman Russell requested Council, under "Other Business",
take up an item ratifying a resolution of an agreement
between the Platte River Power Authority and the County
Commissioners on the Rawhide Project.
b. Councilman Suinn requested Council review copies of the Final
Request for Proposal of the "1041" Urban Service Area Designa-
tion Program.
19
August 16, 1977
C. Mayor Bloom reported the City has received a plaque from
the Rocky Mountain Motorist, an affiliation of the American
Automobile Association, recognizing the City for not having
any pedestrian fatality accidents during the past year.
Fahrenbruch Leisure Village
Homeowner's Association Status
Following is the City Attorney's memorandum on this item:
"I have investigated the status of the homeowners' association
(club) for Fahrenbruch Leisure Village, Third Filing. Attached
hereto is a copy of the Declaration of Protective Covenants for
this subdivision which created the homeowners' association.
At the last meeting of the City Council it was indicated that
these covenants were not valid because they were not signed
and purported declarant (Stanford Triplex Home Owners Association,
Inc.) was not the owner of the lands made subject to the cove-
nants. My investigation indicates that this was based on a
misunderstanding with the title company and, in fact, this
corporation was the owner of the property at the time the
covenants were filed and the covenants were signed by the proper
officers on behalf of such owner. I further find that the
association has been declared defunct by the Secretary of
State because of failure to file annual reports; however, '
this can be corrected.
In view of this it is my opinion that the covenants relating
to the homeowners' association and the common properties can
be enforced by the owners of property in the subdivision.
Since the City is not a party to the covenants and the cove-
nants do not purport to run for the benefit of the City, it
would not be possible for the City to enforce the covenants
but it is feasible for owners of property to reactivate the
corporation and to enforce the provisions of the covenants."
City Attorney March further stated that if Council desired
they could direct the Administration to contact the property
owners in the area and determine what their wishes are in
regard to activating the Homeowners' Association.
Ms. Sandra Freeman, owner, spoke in support of reactivating the
association as did other property owners.
City Attorney March stated it would be questionable if the
City started furnishing legal services to this particular
subdivision but it would be proper for the City to schedule
a meeting to explain how the City suggests the homeowners
proceed.
20
August 16,. 1977
Mayor Bloom inquired if there was someone present that would,
take on the responsibility of being the contact to assist
the City in setting up a meeting of the homeowners.
Ms. Helen L. Freeman, 2725 Stanford, volunteered to take on
this responsibility.
Mayor Bloom stated the administration will schedule this meeting.
Replat of Fahrenbruch Leisure Village
Subdivision, Fourth Filing: Final Plans
And Plat Conceptually Approved
Following is the City Manager's memorandum and recommendation
on this item:
"At its August 2, 1977, meeting, the City Council tabled this
item for two weeks in order for the Administration to prepare
reports on 1) what might be done to improve the open space
maintenance situation in the greater portion of the Leisure
Village Subdivision, and 2) what opportunities exist for City
acquisition of land for a one-half to one -acre mini park within
the quarter -mile area of the proposed Fourth Filing.
t The first matter is covered in a separate item on the agenda
preceeding this item. On the question of locating a City park
in this quarter -mile section, the Planning Office has prepared
a map showing the available sites in the target area, and the
Land Acquisition Department has tentative cost information
for these sites.
The proposed subdivision consists of 2.1 acres zoned R-P located
at the south end of Leisure Drive. The developer proposes to
construct five 2-story rental townhouse apartment buildings
consisting of 22 units, as opposed to 16 units as approved on
the existing plan for the area approved in 1967. This proposal
was reviewed by Council at its June 21, 1977, meeting and
referred back to the Planning and Zoning Board with the under-
standing that certain conditions be met. All of these conditions
have been either met or the petitioner has agreed to meet them.
Both the Planning and Zoning Board and the Planning staff
consider the proposed approach to this site superior to what
could have been constructed under the original plat.
At its August 2, 1977, meeting the City Council appeared to
support the proposed design characteristics of the replat. The
petitioner is requesting that the City Council either make a
committment to the acquisition of a portion of this site or
approve the replat so that he can proceed with his plans.
21
August 16, 1977
Recommendation: The Administration recommends that the City
Council authorize the Administration to proceed with the pur-
chase of a portion of the site for a neighborhood park or
approve the final plat."
Interim City Manager Lanspery stated that in order .for the
establishment of a park in this area, access from Del Clair
would have to be obtained.
The following persons spoke to this issue:
1. Nancy Holmquist, 412 Del Clair Road
2. Tom Holmquist, 412 Del Clair Road
3. Sandra Freeman, 2725 Stanford Road
4. Owner of 2823 Stanford Road.
5. Applicant, Ted Gatteau.
Extended discussion on the purchase price for the proposed
park followed.
Councilman Wilkinson made a motion, seconded by Councilman
Russell that the City offer to pay $25,000 for the two lots
for the park. Yeas: Councilmembers Bloom, Gray., Russell,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED '
Councilman Russell made a motion, seconded by Councilman
Wilkinson to table consideration of the Replat of Fahrenbruch
Leisure Village, Fourth Filing until it is taken off the table.
Yeas: Councilmembers Bloom, Gray, Russell, Suinn and Wilkinson.
Nays: None.
THE MOTION CARRIED
Mayor Bloom requested the administration request a written
report which was prepared by Duane Miller regarding park location.
(This item was again considered later in the meeting.)
Extension of West Stuart Street
Proposal Accepted
Following is the City Manager's memorandum and recommendation
on this item:
"The Police Department and Traffic Division have received
numerous complaints relating to the extension of Stuart Street
between Taft Hill Road and the end of the pavement on West
Stuart Street. This is the portion of Stuart Street which
will be dedicated by the plat of Village West Subdivision,
Ninth Filing, when the plat is finally approved. The access
22
August. 16, 1977
through this undedicated portion of the street is desirable
' since it relieves traffic congestion on other streets and
provides direct access to schools and other public facilities
for residents of the area. Unfortunately, having this street
open is also causing substantial problems consisting primarily
of uncontrolled speed and dust. The City has been unable to
do anything about this since it is not dedicated.
Discussions with the developer indicate that he will dedicate
the street independent of a subdivision plat at this time
providing it is understood that the street so dedicated will
be vacated whenever the final subdivision plan is approved.
This would be necessary since the plat might not agree with
the dedication made at this time.
The only other option to solve this problem would be for the
developer to close off the road.
Recommendation: The Administration recommends that the City
Council accept the proposed dedication with the understanding
that it will be vacated when the area is platted, if the
alignment of the street differs. It should also be understood
that reduced speed limits will be posted on this portion of
the road and that police enforcement of reduced speed limits
will be initiated."
' Councilwoman Gray made a.motion, seconded by Councilman Suinn
to adopt the recommendation of the administration. Yeas:
Councilmembers Bloom, Gray, Suinn and Wilkinson. Nays: None.
(Councilman Russell out of room.)
THE MOTION CARRIED
Ordinance Adopted As Amended On First Reading
Changing the Setback Requirements
in R-L and R-L-M Districts
Following is the City Manager's memorandum on this item:
"In accordance with the directions of the Council at the August 2
meeting, this ordinance has been redrafted. This draft estab-
lishes minimum front yard setback of 20 feet and minimum side
yard setback of five feet. No building envelope is required in
connection with the setbacks. The five foot side yard require-
ment is necessary in order to insure the minimum separation
between buildings required under the Building Code and Fire Code.
Any less minimum would present an impossible enforcement
situation. The proposed ordinance also establishes a minimum
side yard setback on a corner lot of ten feet on the street side.
' This is to provide adequate sight distance for vehicles at
street crossings.
23
August 16,. 1977
City Attorney March stated the staff recommended that in
Section 3, the 10-foot side yard setback on a street side
be changed to 15 feet and the same changed in Section 5. '
Councilwoman Gray made a motion, seconded by Councilman
Suinn to amend the ordinance as recommended. Yeas: Council -
members Bloom, Gray, Suinn and Wilkinson. Nays: None.
(Councilman Russell out of the room.)
THE MOTION CARRIED
Councilwoman Gray made a motion, seconded by Councilman
Wilkinson to adopt Ordinance No. 99, 1977 as amended on first
reading. Yeas: Councilmembers Bloom, Gray and Wilkinson.
Nays: Councilman Suinn. (Councilman Russell out of room.)
THE MOTION CARRIED
Ordinance Adopted on First Reading Vacat
a Portion of an Easement in the Campus West Sho
Following is the City Manager's memorandum on this item:
At the request of the owners of the.Town Square Subdivision,
the City Attorney previously prepared an ordinance vacating
an easement in the Campus West Shopping Center which has been '
replatted as the Town Square Subdivision. The replatting
furnished alternate easements and was the reason for the
vacation request.
While we reviewed this, we found that there were existing
utility lines in part of the easement and therefore, we did
not go forward with the ordinance vacating the easement.
The owners have now furnished a new description of that portion
of the easement which is not being used for utility lines and
which they want vacated."
Councilman Suinn made a motion, seconded by Councilman Wilkinson
to adopt Ordinance No. 102, 1977 on first.reading. Yeas:
Councilmembers Bloom, Gray, Suinn and Wilkinson. Nays: None.
(Councilman Russell out of the room.)
THE MOTION CARRIED
24 1
August 16, 1977
Ordinance Adopted on First Reading
' Vacating a Part of the Alley in Block 3,
City Park Heights
Following is the City Manager's memorandum on this item:
"Attached is a memo from the City Attorney and a petition on
behalf of the property owners requesting vacation of a portion
of an alley in Block 3, City Park Heights. The building
improvements now on the adjoining property encroach on the
alley, which is the reason for the vacation request. The
proposed action vacating the alley would be consistent with
Council action in similar situations which have arisen in the
past."
Councilman Suinn made a motion, seconded by Councilwoman Gray
to adopt Ordinance No. 103, 1977 on first reading. Yeas:
Councilmembers Bloom, Gray, Russell, Suinn and Wilkinson.
Nays: None.
THE MOTION CARRIED
Ordinance Adopted as Amended on First Reading
Amending the PUD Ordinance
' Following is the City Manager's memorandum on this item:
"The Planning staff has previously indicated a need to require
greater detail concerning adjoining areas in the material
submitted with a request for approval of a planned unit deve-
lopment. They have also indicated that the current ordinance
required in all cases a 30-foot landscape buffer between PUD's
and adjoining streets or lands with different zoning classi-
fications. This requirement is not reasonable in all cases.
The attached ordinance will require a developer to submit more
information about the surrounding area in connection with his
preliminary plan and will also make.the requirement of a
landscape buffer optional depending upon the need for the same.
City Attorney March stated there are several typographical
errors in the ordinance which should be amended as follows:
in Section 2, (11> insert the word "at" between the words
"include" and "the" and by striking the words "as the map
Of"; then after /E7 in the next paragraph, second line
substitute the word "planned" for the word "land"; then in
Section 3, Part /53insert a period after the word "perimeters";
capitalize the word "where", in the second line, change the
word "adjoining" to "adjoin"; add on "s" to the word "street"
insert the words "with a" after the word "levels"; strike the
' word "stating"; change the word "classifications" to "classi-
fication"; change the word "installations" to "installation"
and change the word "landscape" to "landscaped".
25
August 16, 1977
Councilman Wilkinson made a motion, seconded by Councilman
Russell to amend Ordinance No. 104 as (above) recommended.
Yeas: Councilmembers Bloom, Gray, Russell, Suinn and '
Wilkinson. Nays: None.
THE MOTION CARRIED
Councilman Russell made a motion, seconded by Councilman Suinn
to adopt Ordinance No. 104, 1977 as amended. Yeas: Council -
members Bloom, Gray, Russell, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Mayor Bloom then declared a five minute recess
Ordinance Adopted on First Reading
Annexing the Landings First Annexation
Following is the City Manager's memorandum on this item:
"This is a proposal to annex 167.8 acres located south of
Warren Lake and west of Lemay Avenue. The Annexation derives
its necessary contiguity from the Harmony Annexation (second
reading) which was approved by Council at the August 2, 1977,
meeting and is located east of this site.
Zoning on this site will be discussed at Council's September 6, '
1977, meeting."
Councilman Russell inquired if Council could annex this area with
the condition that a park be dedicated. City Attorney March
stated Council could condition annexation on anything they
wished; the Council has previously taken the attitude that the
best way of controlling a development is to annex it within
the City and the appropriate time to place development controls
on an area is in the subdivision stage.
Mr. Reid Rosenthal,representing the developer, stated the south
Fort Collins Sanitation District line was only 400 yards from
the annexation's southern boundary; and he would not necessarily
have to hook up to the Warren Trunk Line as had been mentioned.
Director of Water and Sewer Roger Krempel identified the City and
district lines.
Councilman Wilkinson made a motion, seconded by Councilman Russell
to adopt Ordinance No. 105, 1977 on first reading. Yeas:
Councilmembers Bloom, Russell and Wilkinson. Nays: Council -
members Gray and Suinn.
THE MOTION CARRIED 26 '
August. 16,.1977
' Ordinance Adopted on First Reading
Annexing the Harmony Second Annexation
Following is the City Manager's memorandum on this item:
"Attached is a.memo from the Planning Department concerning the
Harmony Second Annexation. This is a 69.2-acre voluntary
annexation and is the second of four possible annexations in
this area.
Planning staff recommended approval of the annexation on the
basis that it is important that land ready for development
located at the fringe of existing city limits develop in a
manner compatible with City standards and regulations. The
eventual extension of the Warren trunk line has prepared this
area for development, therefore, making annexation the next'
logical step.
The Planning and Zoning Board recommended approval, but has,
several concerns about the eventual significant increase in
land area to the southeast including the adequacy of police
and fire service and a reduction of development potential
of land presently within the city."
' Councilman Russell made a motion, seconded by Councilman
Wilkinson to adopt Ordinance No. 106, 1977 on first reading.
Yeas: Councilmembers Bloom, Russell and Wilkinson. Nays:
Councilmembers Gray and Suinn.
THE MOTION CARRIED
Amendment to K-Mart Plaza PUD Approved
Following is the City Manager's memorandum on this item:
"This is a proposal for a change to the currently approved plan
for the 4.6-acre undeveloped site between the existing K-Mart
parking lot on the south and the South College McDonald's
restaurant on the north. The proposal is for three one-story
buildings totaling 36,435 square feet.
A detailed Planning report is attached on the proposal. The
Planning and Zoning Board voted unanimously to recommend approval
of the proposal subject to the following conditions:
1. The curve in the main access drive should be more clearly
defined at the south end next to the K-Mart building.
' 2. Peripheral treatment should be clarified along the north
and west boundaries at the rear of the site.
27
August 16, 1977
3. Technical revisions of site and landscape plan detail."
Planner II Paul Deibel identified the area in question and '
clarified that the ownership of this site is different from
the ownership of the existing developed area to the south.
Councilwoman Gray made a motion, seconded by Councilman Wilkinson
to approve the amendment to K-Mart Plaza PUD conditioned upon
receipt of the landscape maintenance guarantee. Yeas: Council -
members Gray, Russell, Suinn and Wilkinson. Nays: None.
(Mayor Bloom out of the room.)
THE MOTION CARRIED
Foothills Parkway PUD - Final Plans Approved
Following is the City Manager's memorandum on this item:
"This is the final site and landscape plan for a large scale
multi -level retail shopping and office complex to be located
directly northeast of the.Foothills Fashion Mall.
Council approved the preliminary plan on June 7, 1977. The
Planning and Zoning Board voted unanimously to recommend
approval subject to comments suggested by the staff concerning
technical information to be shown on the site and landscape '
plan (building location dimensions, angle of parking spaces,
left turn bay in Foothills Parkway, clarification of traffic
accumulation at entrance, plant species and location)."
Councilman Wilkinson made a motion, seconded by Councilwoman
Gray to approve the final plans for Foothills Parkway PUD
conditioned upon receipt of the landscape maintenance guarantee.
Yeas: Councilmembers.Gray, Russell, Suinn and Wilkinson.
Nays: None. (Mayor Bloom out of the room.)
THE MOTION CARRIED
South College Commercial PUD - Final Plan Approved
Following is the City Manager's memorandum on this item:
"Attached is a memo from the Planning Department concerning
additional development of the Everitt Home Center site. Council
reviewed the preliminary plan in February and approved it with
conditions recommended by the Planning and Zoning Board.
This development involves a 50'/ expansion and a fast-food
restaurant with drive -through window service on the frontage '
road along South College. The proposal involves right-of-way
28
August 16, 1977
dedication for the frontage road and Mason Street at the rear
of the site. Utility plans have been approved."
' Councilman Wilkinson made a motion, seconded by Councilwoman
Gray to approve the final plan for the South College Commercial
PUD conditioned upon receipt of the landscape maintenance
guarantee. Yeas: Councilmembers Gray, Russell, Suinn and
Wilkinson. Nays: None. (Mayor Bloom out of the room.)
THE MOTION CARRIED
Fairview Shopping Center PUD - Final Plan
Following is the City Manager's memorandum on this item:
"Attached is a memo .from the Planning Department concerning
final plans for the first phase of the Fairview Shopping Center
PUD. Preliminary plans for this development were approved by
Council on August 2, 1977.
Planning staff recommends approval of the plan subject to
drainage detention plan approval by the Engineering Division.
As of this date, however, a drainage detention plan has not
been submitted to the Engineering Division.
' This item was placed on the agenda at the applicant's request."
Councilman Russell made a motion, seconded by Councilwoman Gray
to approve the final plan for the Fairview Shopping Center PUD
conditioned upon the receipt of the landscape maintenance
guarantee. Yeas: Councilmembers Gray, Russell, Suinn and
Wilkinson. Nays: None. (Mayor Bloom out of the room.)
THE MOTION CARRIED
M & G Subdivision, Final Plat Tabled
Following is the City Manager's memorandum on this item:
"Attached is a memo from the Planning Department concerning the
final plat of M & G Subdivision. This proposal creates two
long narrow subdivided lots out of what are two long narrow
unsubdivided tracts. Both tracts are developed with single-
family homes fronting on Taft Hill Road.
Neither the Planning staff nor other City departments see any
problems with changing these parcels from tracts to subdivided
lots."
' 29
August. 16, 1977
Director of Planning Les Kaplan stated the Fire Department
had made recommendations regarding fire access since the '
memorandum had been written, which recommended approval.
The Fire Department felt they could provide adequate fire
coverage to the rear of the lots provided that there be a
20' unobstructed width of access to the rear of the two
lots with adequate roadway turning radius. They would also
recommend an additional fire hydrant.
Councilmembers expressed concern that the final plat for the
subdivision might be premature as further development might
take place in this area fairly soon and a dedicated alley or
street might be a solution. Director of Engineering Services
Roy A. Bingman stated he did not forsee this happening soon.
Councilman Russell made a motion, seconded by Councilwoman Gray
to table this item until the Planning Staff communicates with
the subdivider Councils' concerns on the items. Yeas: Council -
members Gray, Russell and Suinn. Nays: Councilman Wilkinson.
(Mayor Bloom out of the room.)
THE MOTION CARRIED
Delgado -Trilby Corners Rezoning
Following is the report from the Planning Staff on this item: '
"This proposal to rezone 53.9 acres from FA1-Farming to R2-
Residential is located approximately 2.5 miles south of the
existing City limits. The FA1 zoning district allows single
family dwelling units on a minimum lot area of 100,000 square
feet; the R-2 zoning district allows for up to two-family
dwelling units on a minimum 7,500 square foot lot area. The
site in question is part of the Lynn Acres Subdivision, platted
in 1970 with lots ranging from 1.3 to 10 acres.
The petitioner intends to construct single-family dwelling units
on 10,000 sq. ft. lots within the $30,000 to $35,000 price
range and utilizing Farmer's Home Administration financing.
As a general policy, the Farmer's Home Administration boundary
for financing is roughly 2.5 miles south of Fort Collins City
limits, and financing is provided primarily for residential
lots between 7,500 to 10,000 sq. ft. Consequently, the
lending policies of the Farmer's Home Administration are i.
diametrically opposed to the City's policy position on urban
density development in the County.
The Planning staff has recommended against this rezoning
request for the reasons stated in the attached August 9, 1977,
Planning and Zoning Board recommendation letter to the County. '
30
August 16, 1977
Planning and Zoning Board Recommendation: Denial
At'its August 8, 1977, meeting the Planning and Zoning Board
' voted 5 to 0 to recommend to the County denial of the Delgado -
Trilby rezoning request. Because of the potential significance
to the City of such a rezoning the Planning and Zoning Board
voted to refer this item to the City Council for its consideration."
Councilwoman Gray made a motion, seconded by Councilman Wilkinson
that the City Council recommend to the County Commissioners that
they deny the request for rezoning. Yeas: Councilmembers
Bloom, Gray, Suinn and Wilkinson. Nays: None. (Councilman
Russell out of the room.)
THE MOTION CARRIED
Councilman Wilkinson recommended that the City Planner write a
letter to the FHA with copies to the City's Congressmen and
Senators explaining what their policy is doing in regard to
urban density development in the County.
CBC Subdivision: Preliminary Plat
Conditionally Approved
Following is the Planning and Zoning Board report on this item:
' Background
At its March 29,-1977, meeting the City Council unanimously approved out -of
city sanitary sewer service to a 60.3 acre site just north of the City limits
and southwest of U.S. 287. Prior to this approval, the Water Board had
recommended to the City Council approval of this sewer service, contingent
upon the provisions of Ordinance No. 96, 1972, which provides that "any
applicant for city utility service that is outside the city limits shall
obtain approval of the proposed use for the property to be served from the
City Planning Director' (Sec. 1, No. 16). As Planning Director, I refer
the question of the appropriateness of the "proposed use" to the Planning
and Zoning Board.
At the July 11, 1977, Planning and Zoning Board meeting the Board considered
the intended uses of this site as a County Referral item for a rezoning from
0-Open to R2-Residential, M-Multi-family and B-Business. At that meeting the
Board voted unanimously to recommend approval of this rezoning with the
proviso that the Board's full approval of the proposed land use would extend
to approval of the preliminary and final subdivision plats for this site. The
Board made this recommendation under the assumption that the city had the
leverage to deny sanitary sewer service in the event that the subdivision did
not meet with city approval.
31
August 16, 1977
In his original letter requesting sewer service to this site, the applicant
stated the following: '
"All requirements.of the City ordinance will be met if the
permission to connect to the City's sewer utility is granted,
including annexation of the property, whenever possible and
conformance to City requirements in connection with the
subdivision and development of the lands."
Staff Comments
The Planning staff sees several problems with the preliminary plat as
proposed, primarily with access and storm water runoff, as specifically
as follows:
1. The estimated flow on Dry Creek during a major storm is 2600 cfs.
at the southerly portion of this subdivision. A floodway should
be designated and protection of proposed structures provided. Pro—
visions to pass the major storm through .the subdivision should be
provided.
2. Because of the existing problems on Dry Creek where it passes through
the City, on site detention for increased runoff generated by the
development should be provided.
3. Development under City standards precludes development in excess of
660 feet from a single point of access. This requirement is especially
important for this site, due to the existing problems with traffic on
the affected portion of U.S. 287. To provide a second point of access, '
extensive street improvements including a substantial structure on
Whitcomb Street at the Larimer and Weld canal would be necessary if
this plan is followed.
4. The area in the Northwest part of the single family area is laid out
to form an internal bottleneck, with some 45 lots service by a single
access. The street pattern in this area should be redesigned.
5. No direct access onto U.S. 287 from the Business area should be
allowed.
6. All final plats should be referred to the City Planning Office.
Final Utility Plans should be checked by the City Engineer, as
well as the Water and Sewer Department.
The Board's conditions for approval of the rezoning and the fact that the
city must approve utility plans for the site, coupled with the applicant's
agreement to conform to City requirements gives the City the deciding voice
in the disposition of this proposal.
32
August. 16, 1977
' Recent Planning and Zoning Board recommendations concerning sites in the
immediate vicinity would tend to substantiate the applicants contention
that there is a need for residential development on the north side of Fort
Collins. The site's proximity to the Central Business District would seem
to warrant some level of urban density residential development. It should
be noted, however, that the Utilities Department has stated the opinion
that the sewer system is capable of serving this parcel of land although
capacity to serve extensive growth in the vicinity is limited. Thus, this
vicinity could continue to be categorized as "fringe area development" for
some time to come.
The Planning Office has been contacted by attorney Ed Kochenburger, legal
counsel for several waterways which allegedly would be affected by the
proposed development. Mr. Kochenburger has major concerns with the loca-
tion of this project which are described in the attached letter.
Planning and Zoning Board Recommendation: Tabling
At its August 8, 1977, meeting the Planning and Zoning Board agreed with
all of the above -stated staff concerns and voted unanimously to table a
recommendation on the CBC preliminary subdivision plat until more defini-
tive information was presented on the storm water runoff issue. (The
' attached letter from Mr. Kochenburger should adequately address the
Planning and Zoning Board's questions on storm water runoff.)
Unless the City Council confirms that city approval of the subdivision
plat is a condition for approval of out -of -city utility service to this
site, then the above -stated concerns may not be addressed. For this
reason, the Planning and Zoning Board voted to refer this matter to the
City Council.
Attorney John Kochenburger, representing several irrigation
companies, spoke to the concerns of the companies regarding
Dry Creek and the Terry Lake Spillway.
Councilman Suinn made a motion, seconded by Councilwoman Gray
that the Council assert that the approval of out of city sewer
service is contingent upon the applicant being required to
meet City subdivision standards and regulations and that this
understanding be communicated to the County Commissioners.
Yeas: Councilmembers Bloom, Gray, Russell and Suinn. Nays:
None. (Councilman Wilkinson out of the room.)
THE MOTION CARRIED
1 33
August. 16,. 1977
Agreement Approved Concerning Sanitary
Sewer Service to Lindenmeier Subdivision I
Following is the City Manager's memorandum and recommendation
on this item:
"Council previously approved an agreement proposed for furnishing
sanitary sewer service to Lindenmeier Subdivision. When the
agreement, which was approved by Council, was presented to the
developer, further objections were raised and through the
resulting negotiations a revised agreement has been drafted.
This agreement is attached and has approval of the City staff.
The major change in the agreement involves the decision of the
developer to initially receive electric service from the City
electric utility. This would be provided under an arrangement
where the cost of underground facilities would be collected
back from the developer as electric service is furnished to
the individual lots in the subdivision.
Recommendation: The Administration recommends that the City
Council approve the revised agreement and authorize its
execution on behalf of the City by the Interim City Manager
and City Clerk."
Councilman Suinn made a motion, seconded by Councilwoman Gray
to adopt the recommendation of the administration. Yeas: '
Councilmembers Bloom, Gray, Russell and Suinn. Nays: None.
(Councilman Wilkinson out of the room.)
THE MOTION CARRIED
Requests .for Out -of -City Sanitary
Sewer Service Approved
Following is the City Manager's memorandum and recommendation
on this item:
"The City has received requests for out -of -city sanitary sewer
service from the Dare Company, owners of the Taft Hill Shoppette
at 4015 South Taft Hill Road, and Robert W. and Donna Davis at
1728 West Vine Drive.
The Water Board will consider the above requests at the meeting
on Friday, August 12, 1977. It is anticipated that a recom-
mendation for approval will be forthcoming for the consideration
of the Council on August 16, 1977.
Recommendation: The Administration recommends that, upon receipt
of a recommen ation from the Water Board for approval, the City '
Council approve the requests of the Dare Company and Robert W.
and Donna Davis for out -of -city sanitary sewer service."
34
August 16,.1977
Councilwoman Gray made a motion, seconded by Councilman Suinn
to adopt the recommendation of the administration. Yeas:
Councilmembers Bloom, Gray, Russell and Suinn. Nays: None.
(Councilman Wilkinson out of the room.)
THE MOTION CARRIED
Agreement Regarding Relationship of Joe Wright
Reservoir with Chambers Lake ADDroved
Following is the City Manager's memorandum and recommendation
on this item:
"Joe Wright Reservoir is upstream from Chambers Lake and the
water from the reservoir must pass through Chambers Lake into
the Poudre River. An agreement has been negotiated with Water
Supply and Storage Company, the owner of Chambers Lake,
concerning the relationship of the two reservoirs. This pro-
posed agreement will allow water from Joe Wright Reservoir
to pass through Chambers Lake and into the Poudre River from
the outlet works of Chambers Lake. The agreement provides
that the City's right to use the outlet works will be junior
to the rights of Water Supply and Storage; however, this
should not present any difficulties since the capacity of
' the outlet works is larger than necessary for Water Supply's
needs. The agreement also provides for sharing the cost of
operating and maintaining the outlet works based primarily
on the amount of water each entity passes through them.
The agreement also contains provisions relating to the possi-
bility of renting surplus water of the City to Water Supply
and Storage. Such provision is subject to all other obliga-
tions of the City to rent such surplus waters, and it is
felt _that this will be mutually advantageous to all parties.
The remaining provisions of the agreement are really
expressions of the parties' intent to use good faith efforts
to work out any problems that develop in the future.
Recommendation: Administration recommends that the Council
y motion approve the agreement and authorize the Acting
City Manager and City Clerk to execute the agreement on
behalf of the City."
Councilwoman Gray made a motion, seconded by Councilman Russell
to adopt the recommendation of the administration. Yeas:
Councilmembers Bloom, Gray, Russell and Suinn. Nays: None.
(Councilman Wilkinson out of the room.)
THE MOTION CARRIED
35
August 16, 1977
Agreement with Southside Ditches Approved
Following is the City Manager's memorandum and recommendation
on this item:
"You have previously received a memo from the City Attorney
addressed to the City Council and the Water Board concerning
a proposed agreement with the Arthur Ditch Company, the
Larimer County No. 2 Irrigating Company and the New Mercer
Ditch Company (the Southside Ditches). This matter was
presented to the Water Board at its meeting held on August S.
After discussion of this proposed agreement in depth, the
Water Board unanimously approved the proposed agreement and
recommended it to the City Council. The proposed agreement
would settle many areas of potential conflict and disagreement
between the City and the Southside Ditches. Since these
ditches serve property in the area of most rapid expansion
of the City, it is of considerable importance to reach an
agreement on these matters with these companies. It is felt
that the proposed agreement is fair to all interests and
represents a reasonable solution to the problems addressed.
Recommendation: Administration recommends that the City
Council approve the proposed agreement and authorize the
City Manager and City Clerk to execute the agreement on
behalf of the City." '
Councilman Russell made a motion, seconded by Councilman Suinn
to adopt the recommendation of the Administration. Yeas:
Councilmembers Bloom, Russell, Suinn and Wilkinson. Nays:
None. (Councilwoman Gray out of the room.)
THE MOTION CARRIED
Constitutional Challenge to Federal
Unemployment Compensation Tax Program
Following is the City Manager's memorandum and recommendation
on this item:
"In 1976 the Federal Congress adopted legislation extending
the unemployment compensation tax program to the public sector.
This was accomplished by requiring, the states to extend unem-
ployment compensation coverage to state and local government
employees as a condition to continuing under the combination
federal/state unemployment compensation program available to
the private sector. In response to this requirement the State
of Colorado has amended the Colorado Employment Security Act
to include coverage of state and local government employees. '
36
August 16,.1977
Preliminary estimates of the cost of this program to the City
of Fort Collins indicate an initial annual cost in the neigh-
borhood of $20,000.00. This cost could substantially increase
in future years.
The National Institute of Municipal Law Officers (NIMI,O) plans
to institute court action to contest the constitutionality of
the federal law requiring unemployment insurance for state and
local government employees. Local governments have been asked
to join in this lawsuit and contribute toward its cost. If
the City of Fort Collins joins as a plaintiff in the suit, the
initial contribution to the trust fund established to fund the
suit would be $5,000.00. Discussions with officials of NIMLO
indicate that they expect a substantial amount of this deposit
to ultimately be refunded and do not expect the entire trust
fund to be used up in the litigation. There is also a possi-
bility of some slight saving if Larimer County and the City
of Loveland also participate in the lawsuit. In this event,
the County would be entitled to a deduction from its contri-
bution on the basis of the population represented by the two
cities who are also participating. Informally, the County
Attorney's office has agreed that this deduction would be
shared with the two cities.
If the litigation is successful, the result would be a
' ruling that the law was unconstitutional and the City would
not have to participate further in the program. This would
be true regardless of whether the City contributes and
participates in the lawsuit. The principal advantage to the
participating would be the possibility of a preliminary
injunction prohibiting enforcement of the requirements of
the law against participating plaintiffs in the suit. Such
an injunction would not be available to nonparticipating
cities and if this injunction is achieved, this would repre-
sent a substantial saving over the extended period of time
that the litigation will consume.
Recommendation: Administration recommends that the City
Council elect to participate as a plaintiff in the action
contemplated by NIMLO and authorize the expenditure of the
sum of $5,000.00 as the City's contribution to the trust
fund to finance this lawsuit."
Councilwoman Gray made a motion, seconded by Councilman Wilkinson
to approve the recommendation of the administration. Yeas:
Councilmembers Bloom, Gray, Russell, Suinn and Wilkinson.
Nays: None.
THE MOTION CARRIED
1 37
August 16, 1977
Other Business
Councilman Wilkinson stated he had requested a reply from the
administration regarding the bridge over the Poudre River at
Lemay Street. Interim City Manager Lanspery had responded...
"the City Council may want to consider using Urban Systems
Funds during 1978-79 to complete the final design of the
bridge and roadway." Councilman Wilkinson added that this
would mean that 1980 or 1981 would be the completion date
for this bridge on this schedule and he felt the City needed
to move much faster on this. This item will be placed on
the September 6, 1977 Council agenda.
Adjournment
Mayor Bloom declared the meeting adjourned to later in the
evening and convened the General Improvement District Board
meeting. At 11:35 p.m. the Mayor reconvened the Council meeting.
Replat of Fahrenbruch Leisure Village
Subdivision, Fourth Filing: Final Plans
and Plat Conceptually Approved
City Attorney March stated that Council had recommended that '
he meet with petitioner Tedd Gatteau and discuss City Councils'
offer of $25,000 for Parkland and Del Clair Road. He continued
by stating: "When we started the discussion, what I tried to
convey was my thought that the proper way to arrive at a price
was to compute what the owners of the property legitimately
computed their profit to be at the end of the project, and to
then take the changes that the acquisition would make in that;
both from a standpoint of how many lots they would sell and
from a standpoint of what costs they would bear in developing
those lots and the difference ought to be the price that the
City pays for the property. They (Mr. Gatteau, and his
associates) say that they have done that and they come up with
a figure of $27,000. Now that, of necessity, has to be a very
rough figure, but I think that is the approach to use, because
that is what the City is taking away from them, if we took
that piece of ground for a park. They have proposed that on
that basis the City pay $27,000 for lots 4 and 5, that
in addition to that the City pay the redesign costs of the
remainder of the land, not to exceed $500.00 and this would
be contingent on approval of the plan for the remaining proposed
13 units with the adjustments that are necessary because of
the establishment of the public park. Obviously, this plan
can't be any more than approved as a concept and we would then
have to go forward, we would have to do some verification of '
the figures on the thing and they would have to design out
38
August 16,. 1977
the actual project before the City could approve it.
Councilman Suinn made a motion, seconded by Councilman Wilkinson
to remove this item from the table for consideration. Yeas:
Councilmembers Bloom, Gray, Suinn and Wilkinson. Nays: None.
(Councilman Russell out of the room.)
THE MOTION CARRIED
Councilman Wilkinson made a motion, seconded by Councilman Suinn
that Council instruct the staff to follow the conceptual plan
outlined by the City Attorney which includes the purchase price
of $27,000 for parkland, no more than $500 for a redrafting of
the plat and the permitting of 13 units on the remaining land.
Yeas: Councilmembers Bloom, Gray, Suinn and Wilkinson. Nays:
None. (Councilmember Russell out of the room.)
THE MOTION CARRIED
Other Business
Mayor Bloom requested an executive session for discussion
of the City Manager contract and timetable for making an offer.
' Councilwoman Gray made a motion, seconded by Councilman Wilkinson
to go into executive session for discussion of a City Manager
contract and timetable. Yeas: Councilmembers Bloom, Gray,
Russell, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Upon reconvening, Mayor Bloom stated City Attorney March will
draft the proposed contract.
Mayor Bloom then requested an executive session of the Council
at 2:00 p.m. on August 20, 1977.
Councilman Suinn made a motion, seconded by Councilman Wilkinson
to convene an executive session on August 20, 1977 at 2:00 p.m.
for the purpose of selecting a City Manager. Yeas: Council -
members Bloom, Gray, Russell, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Resolution of the Platte River Power Authority
Adopted
Councilman Wilkinson made a motion, seconded by Councilman Russell
to adopt the resolution. Yeas: Councilmembers Gray, Russell and
Wilkinson. Nays: Councilmembers Bloom and Suinn.
39
August 16,.1977
THE MOTION CARRIED
RESOLUTION 77-54
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING,
RATIFYING, AND CONFIRMING AN INTERGOVERNMENTAL AGREE-
MENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER
COUNTY AND THE PLATTE RIVER POWER AUTHORITY RELATING TO
LOCAL LAND USE REVIEW OF THE RAWHIDE PROJECT
WHEREAS, a proposed Intergovernmental Agreement between
the Board of County Commissioners of Larimer County (the
"Board of Commissioners") and Platte River Power Authority
("Platte River") providing for review of the Rawhide Project
as a local land use matter before the Board of Commissioners
(the "Intergovernmental Agreement") has been presented to
this Council for its review;
WHEREAS, said proposed Intergovernmental Agreement also
provides, among other matters, for (i) Platte River reimburse-
ment to Larimer County and its local governments for cost
impacts resulting from the construction and operation of the
Rawhide Project;.(ii) review of related socio-economic impacts;
(iii) informing Larimer County of changes or discoveries which
may affect the siting of the Rawhide Project; and (iv) monitor-
ing energy requirements and the encouragement of energy
conservation;
WHEREAS, this Council has previously expressed its
preference that the Rawhide Project of Platte River be
reviewed as a local land use matter by the Board of Commissioners
without designation as an activity of state interest and this
is the review procedure provided for by this Intergovern-
mental Agreement; and
WHEREAS, this Council favors the execution of this Inter-
governmental Agreement and wishes to formalize its support
for said agreement and the procedure for review of the Rawhide
Project contemplated therein;
1
1
40 1
August 16, 1977
NOW, THEREFORE BE IT RESOLVED by the City Council of the
City of Fort Collins, Colorado that the Intergovernmental
Agreement and the procedure therein provided for review of the
Rawhide Project as a local land use matter by the Board of
Commissioners of Larimer County is hereby approved, ratified
and confirmed.
Passed and adopted at a regular meeting of the City
Council held this 16th day of August, A.D. )7977.
ATTEST:
City Clerk
' Mayor Bloom declared the meeting adjourned to August 23, 1977
at 1:30 p.m. The meeting was adjourned at 12:30 a.m.
ATTEST:
�7'G
C ty C er
1 41