Loading...
HomeMy WebLinkAboutMINUTES-09/06/1977-RegularSeptember 6, 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, September 6, 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, Bowling, Gray, Suinn and Wilkinson. Absent: Councilmembers Russell and St. Croix. Staff Members Present: Lanspery, Wood, Bingman, Krempel, Liley, Ferluga, Polifka, Deibel and Lewis. Also: City Attorney Arthur March, Jr. Minutes of the Regular Meetings of August 2, 1977 and August 16 1977 Approved as Published Councilwoman Gray made a motion, seconded by Councilman Suinn ' to approve the minutes of the regular meetings of August 2, 1977 and August 16, 1977 as published. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Adjournment Mayor Bloom then declared the meeting adjourned, to be reconvened after the General Improvement District Board. 49- September 6, 1977 Re -Convene the Regular Meeting of City Council Mayor Bloom reconvened the Council meeting:at5:40 p.m. ' City Attorney March requested Council go into an executive session to discuss potential litigation involving the former contract (Western States Concrete, Inc.) in the Special Improvement District. Councilman Wilkinson made a motion, seconded by Councilwoman Gray to go into executive session to discuss potential litigation. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Upon reconvening (5:50 p.m.), City Attorney March reported the Council is aware of the problems with the contractor (Western States Concrete, Inc.) in the downtown project. They were behind on the phasing required under the contract; completion on the first phase was scheduled for June 21, and they are not completed yet. Also, they are behind on the second phase and there are substantial deficiencies in the work. Therefore, the administration has given notice to the contractor on September 2, 1977 terminating their contract. (Notices have been given to the contractor, sent to the principal of the contractor, to their home offices and their bonding company.) ' The administration, therefore, is requesting approval and ratification of their action terminating the contract. Councilwoman Gray made a motion, seconded by Councilman Bowling to approve and ratify the action of the administration in terminating the contract with Western States Concrete, Inc. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED City Attorney March stated that once the contract is terminated the downtown project must be restored and the administration his not followed normal procedures in looking for a new contractor. It has not been put out to bid but has been negotiated. City Attorney March further informed the Council that the admini- stration has received notice from the bonding company of Western States, that they are not going to honor their bond. Litigation against the bonding company is anticipated. 50 September 6,. 1977 Councilman Bowling stated the Council should recognize the emergency status of this project. ' Assistant City Attorney Liley spoke to the changes in the contract with Thor Construction, which had previously been provided to Council. Additionally, Assistant City Attorney Liley addressed the contract with Flatiron Paving for concrete for the project and.the sandblasting contract with Dream Homes. Councilman Wilkinson made a motion, seconded by Councilwoman Gray to approve the contract with Thor Construction Company with the insurance sums to be properly reported and with the under- standing that the insurance requirements will comply with the City's legal requirements and to authorize the City Manager and City Clerk to execute the contract. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Councilman Bowling made a motion, seconded by Councilwoman Gray to approve the contract with Flatiron Paving Company for furnishing concrete for the project and authorize the City Manager and City Clerk to execute the contract. Yeas: Council - members Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED ' Councilman Bowling made a motion, seconded by Councilman Wilkinson to approve the contract with Dream Homes for sandblasting in the amount of $4,250.00 and authorize the City Manager and City Clerk to execute the contract on behalf of the City. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Interim City Manager Lanspery introduced Mr. Rohrbacker from Thor Construction Company. Ordinance Adopted on Second Reading Changing Setback Requirements in R-L and R-L-M Districts Following is the City Manager's memorandum on this item: "Ordinance No. 99, 1977, was passed on first reading at the August 16, 1977, City Council meeting. This ordinance establishes the minimum front -yard setback of 20 feet and a minimum side yard setback of five feet. The proposed ordinance also estab- lishes a minimum side yard setback on a corner lot of 10 feet on th t 'd it ' e s reet si e. -- — 51 September 6,. 1977 Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 99, 1977 on "second reading. Yeas: Council - members Bloom, Bowling, Gray and Wilkinson. Nays: Councilman I Shinn. THE MOTION CARRIED ORDINANCE NO. 99, 1977 BEING AN ORDINANCE AMENDING SECTIONS 118-11, 118-41 AND 118-42 OF THE CODE OF THE CITY OF FORT COLLINS (A PART OF THE ZONING ORDINANCE) RELATING TO THE DEFINITION OF A LOT AND MINIMUM FRONT YARD AND SIDE YARD REQUIREMENTS IN THE R-L AND R-L-M ZONING DISTRICTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 118-11 of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting therefrom the definition of the word "lot" and by substituting therefor the following definition: "LOT - A parcel of land having at least twenty (20) feet of frontage on a public street, occupied or designed or to be occupied by one (1) or more buildings, structures I or uses, together with such open areas as are required by this chapter." Section 2. That Section 118-41D of the Code of the City of Fort Collins be, and the same hereby is, amended to read,as follows: "D. Minimum front yard. Minimum depth of a front yard shall be twenty (20) feet." Section 3. That Section 118-41F of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "F. Minimum side yard. Minimum side yard width shall be the equivalent of one (1) foot for each three (3) feet or fraction thereof of building height, except that for residential uses no side yard on the street side of any corner lot shall be less than fifteen (15) feet wide and no interior side yard shall be less than five (5) feet wide, and for school or church uses no side yard shall be less than twenty-five (25) feet wide." 52 1 September 6, 1977 Section 4. That Section 118-42D of the Code of the City of Fort Collins be, and the same hereby is, amended to ' read as follows: "D. Minimum front yard. Minimum depth of the front yard shall be twenty (20) feet." Section 5. That Section 118-42F of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "F. Minimum side yard. Minimum side yard width shall be the equivalent of one (1) foot for each three (3) feet, or fraction thereof, of building height, except that for residential uses no side yard on the street side of any corner lot shall be less than fifteen (15).feet wide and no interior side yard shall be less than five (5) feet wide, and for school or church uses no side yard shall be less than twenty-five (25) feet wide." Introduced, considered favorably on first reading, and ordered published this 16th day of August, A.D. 1977, and to be presented for final passage on the 6th day of September, A.D. 1977. ' ATTEST City Clerk Passed and adopted on final reading this 6th day of September, A.D. 1977. A EST City Clerk -53 September 6, 1977 First Reading: August 16, 1977 Second Reading: September 6, 1977 Dates Published: August 21, 1977 Attest:-- +J City Clerk (Vote: Yeas: 3, Nays: 1) (Vote: Yeas: 4, Nays: 1) and September 11, 1977 Ordinance Adopted on Second Reading Vacating a Portion of an Easement in the Campus West Shopping Center Following is the City Manager's memorandum on this item: "Ordinance No. 102, 1977, was passed on first reading at the August 16, 1977, City Council meeting. This ordinance became necessary when a portion of the Campus West Shopping Center was replatted as Town Square Subdivision. This replatting furnished alternate easements and was the reason for the vacation request." Councilman Suinn made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 102, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED ORDINANCE NO. 102 , 1977 BEING AN ORDINANCE VACATING A PORTION OF AN EASEMENT IN THE CAMPUS WEST SHOPPING CENTER WHEREAS, the portion of the utility easement hereinafter described and vacated was dedicated to the City on the plat of the Campus West Shopping Center; and WHEREAS, the land which includes the location of such easement has been replatted as the Town Square Subdivision; and WHEREAS, that portion of the easement hereinafter described and vacated on the Campus West Shopping Center plat is not needed for municipal purposes and adequate easements have been dedicated for utilities on the plat of the Town Square Subdivision; and 1 1 5/,-- 1 WHEREAS, the owners of the lands encompassed within the plat of the Town Square Subdivision have requested the vacation of that portion of the easement hereinafter described and the City Council desires to vacate the same. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That the following described portion of the utility easement shown on the plat of Campus West Shopping Center, to -wit: A ten foot wide utility easement whose centerline begins at a point which bears North 81 feet and again N 89*34' W 1011.96 feet from the East 1/4 corner of Section 15, Township 7 North, -Range 69 West of the 6th P.M. and run thence North 278.70 feet; be, and the same hereby is, vacated, abated and abolished. Introduced, considered favorably on first reading and ordered published this 16th day of August , A.D. 1977, and to be presented for final passage on the 6th day of September , A.D. 1977. 2ESTle, City Passed and adopted on final reading .this 6th September A.D. 1977. ATTEST: Cl y C erk -55— day of First Reading: August 16, 1977 Second Reading: September 6, 1977 Dates Published: August 21, 1977 ity Cler September 6, 1977 (Vote: Yeas: 4, Nays: 0) (Vote: Yeas: 5, Nays: 0) and September 11, 1977 Ordinance Adopted on Second Reading Vacating an Alley in Block 3, City Park Heights Following is the City Manager's memorandum on this item: "Ordinance No. 103, 1977, was passed on first reading at the City Council meeting on August 16, 1977. This ordinance was necessary since building improvements now on the adjoining property encroach on the alley." Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 103, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED ORDINANCE NO. 103 , 1977 BEING AN ORDINANCE VACATING A PORTION OF THE ALLEY ADJOINING LOTS 11 AND 12, BLOCK 3, CITY PARK HEIGHTS, IN THE CITY OF FORT COLLINS WHEREAS, the owners of the property adjoining the same have petitioned the City Council to vacate the following described portion of the alley adjoining Lots 11 and 12, Block 3, City Park Heights addition to the City of Fort Collins; and WHEREAS, a building constructed on said property encroaches onto the portion of the alley requested to be vacated; and WHEREAS, such portion of the alley is not now open for public travel and the same is not needed for municipal purposes, the remaining portion of the alley being adequate to serve the properties in such block. 56 1 1 September 6,.1977 1 I NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That the following described portion of said alley, to -wit: The South .6 feet of the West 75 feet of the alley in Block 3, City Park Heights addition to the City of Fort Collins, Colorado; be, and the same hereby is, vacated, abated and abolished. Introduced, considered favorably upon first reading, and ordered published this 16th day of August , A.D. 1977, and to be presented for final passage on the 6th day of September , A.D. 1977. ATTEST;-" City Clerk Passed and adopted on final reading this September , A.D. 1977. ATTEST• City Clerk 6th day of First Reading: August 16, 1977 (Vote: Yeas: 5, Nays: 0) Second Reading: September 6, 1977 (Vote: Yeas: 5, Nays: 0) Dates Published: August 21, 1977 and September 11, 1977 Attest -- City Clerk 57 September 6,.1977 Ordinance Adopted on Second Reading Amending the PUD Ordinance Following is the City Manager's memorandum on this item: ' "Ordinance No. 104, 1977, was passed on first reading at the August 16, 1977, City Council meeting. This ordinance requires 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." Councilwoman Gray made a motion, seconded by Councilman Bowling to adopt Ordinance No. 104, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED ORDINANCE NO. 104 , 1977 BEING AN ORDINANCE AMENDING SECTION 118-83 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO UNIT DEVELOPMENTS UNDER THE ZONING ORDINANCE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 118-83 E (2) (b) /TDT of the Code of the City of Fort Collins be and the same hereby is amended to read as follows: "/TO% A vicinity map of the area surrounding the site within a distance of at least one mile showing at least the following: /A T Zoning classifications /B T Traffic circulation systems /C_% Major public facilities (schools, parks, and the like)." Section 2. That Section 118-83 E (2) (b) /T17 of the Code of the City of Fort Collins be and the same hereby is amended to read as follows: "/T17 The site plan shall include at the same scale the area surrounding the site within 150 feet and shall show for such area at least the following: 58 September 6, 1977 1 1 1 Land uses and location of principle structures and major existing landscaping features /B_% Densities of residential uses /f % Traffic circulation systems /D % Natural features of the landscape /E T General topographic mapping at two street intervals The site plan shall further indicate the proposed treatment of the perimeter of the planned unit development including materials and techniques used such as screens, fences, walls, and other land- scaping." Section 3. That Section 118-83 J (5) of the Code of the City of Fort Collins be and the same hereby is amended to read as follows: "/5 / Planned unit development perimeters. Where planned unit developments adjoin public streets or lands with a different zoning classification, installation and maintenance of a landscape area at such perimeter may be required. The detailed landscape plan for any such buffer required shall be a part of the landscape plan filed in conjunction with the final unit development plan." Introduced, considered favorably on first reading and ordered published this 16th day of August A.D. 1977, and to be presented for final passage on the 6th day of September , A.D. 1977. ATTEST: i ty er 59 September 6,.1977 Passed and adopted on final reading this 1977. ATTEST: y Clerk First Reading: August 16, 1977 Second Reading: September 6, 1977 Dates Published: August_21, 1977 Attest:•., ity Gler 6th day of September, A.D. (Vote: Yeas: 5, Nays: 0) (Vote: Yeas: 5, Nays: 0) and September 11, 1977 Resolution Adopted Awarding the Bid on General Obligation Bonds Following is the City Manager's memorandum and recommendation on this item: "On Tuesday, September 6, 1977, the City will recieve bids on $5,000,OOO of general obligation bonds which will be used to finance our 5-year water capital improvement program. Attached are copies of the Resolution accepting the bid for sale of the bonds and ordinance which Council will be asked to approve at the September 6, 1977, meeting. The interest rates submitted by the best bidder, together with the net effective interest rate, will be inserted after their review by staff and approval by City Council. This has been prepared as an emergency ordinance which requires one reading and is the standard procedure in a City sale of bonds by bid (as opposed to negotiation). b0 1 1 1 September 6, 1977 Recommendation: The Administration recommends that Council take t e o owing action: ' 1. by motion, insert the necessary material in the blanks in the Resolution; 2. adopt the Resolution; 3. by motion, insert the appropriate material in the blanks in the Ordinance; and 4. adopt the ordinance as an emergency ordinance which will take effect upon such adoption." City Attorney March stated there were some insertions to be made on this resolution prior to adoption as follows: 1. insert title; 2. insert in the first blank the name "First National Bank of Oregon"; 3. insert in the next blank after "premium of" the figures 4. insert in the last blank the name "First National Bank of Oregon". Councilman Wilkinson made a motion, seconded by Councilman Bowling to amend the resolution by making the insertions recommended by the City Attorney. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Interim City Manager Lanspery reported First National Bank of Oregon was the low bidder from 10 bids with an average interest rate of 4.845% the high bid was 4.95%. Finance Director Ronald Wood reported the City's bid is below the AAA rated bond. Councilman Bowling made a motion, seconded by Councilman Suinn to adopt the resolution as amended. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED September 6,. 1977 RESOLUTION NO. 77-55 OF THE COUNCIL OF 1iw CITY OF FORT COLLINS ' AWARDING I E-niD F8' GE'H °i—OnLI6ATi0': BONDS OF THE CITY FOR THE PURPOSE OF EXTENDING AND IMPROVING THE MUNICIPAL WATERWORKS SYSTEM WHEREAS, the City Council of the City of Fort Collins, Colorado, has determined to issue general obligation bonds of the City in the principal amount of $5,000,000, for the purpose of extending and improving the municipal waterworks system; and WHEREAS, the City Council has authorized and directed the notice of sale of bonds in the principal amount of $5,000,000 to be published in the Fort Collins Coloradoan, and also mailed to investment banking firms, banks and others who might submit a bid for the purchase of the Bonds; and WHEREAS, bids were received in response to said Notice, and, it appearing that the bid of First National Bank of Oregon , said bid being for not less than par, accrued interest and a premium of $ -0- is the best bid for cash in accordance with the Notice of Sale; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 'FORT COLLINS, COLORADO: 1. That $5,000,000 of General Obligation Water Bonds, Series 1977, dated October 1, 1977, heretofore duly offered for sale by the City of Fort Collins, are hereby awarded to First National Bank of Oregon , the best bidder therefor, in substantial compliance with the terms and conditions of the Notice of Sale, dated August 2, 1977, and including the details stated in the bid of said bidder. 2. That the City Council and the officers of the City are authorized to do any and all things necessary to complete the delivery of the bonds to said bidder. --62 - I September 6, 1977 1 RESOLUTION ADOPTED AND APPROVED This 6th day of Sep- tember, 1977. ( S E A L ) ATTEST - City Clerk Ordinance Adopted on First Reading Relating to the Issuance of General Obligation Water Bonds City Attorney March stated the Ordinance also required insertions as follows: 1. insertion of the name of "First National Bank of Oregon" on the first page of the ordinance listed as page 14 of the proceedings; 2. in the first blank on the second page,numbered 15;, of the proceedings the figure "4.84". 3. The interest rates are as follows: Amount Maturity Interest Rate $ 50,000 1979 5.00 50,000 1980 5.00 50,000 1981 5.00 50,000 1982 5.00 50,000 1983 5.00 50,000 1984 5.00 175,000 1985 5.00 250,000 1986 4.50 275,000 1987 4.50 300,000 1988 4.50 -- -63— September 6, 1977 Amount Maturity Interest Rate $325,000 1989 4.60 % 350,000 1990 4.75 375,000 1991 4.75 400,000 1992 4.75 400,000 1993 4.90 425,000 1994 4.90 $450,000 19.95 5.00 475,000 1996 5.00 500,000 1997 5.00 Councilman Bowling made a motion, seconded by Councilman Wilkinson to amend the ordinance by making the insertions recommended by the City Attorney. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt Ordinance No. 109, 1977 on final reading as amended. Yeas: Councilmembers Bloom, Bowling, Gray Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 64 — 1 September 6,.1977 ORDINANCE NO. 109, 1977 AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE CITY OF FORT COLLINS, COLORADO, AND UPON THE CREDIT THEREOF BY ISSUING GENERAL OBLIGATION BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF $5,000,000, FOR THE PURPOSE OF EX- TENDING AND IMPROVING THE MUNICIPAL WATERWORKS SYSTEM OF THE CITY; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE LEVY OF TAXES AND THE PLEDGE OF THE NET INCOME AND REVENUE OF THE SYSTEM TO PAY THE BONDS AND THE INTEREST THERE- ON, PROVIDING OTHER DETAILS IN CONNECTION THEREWITH, AND DECLARING AN EMERGENCY. WHEREAS, the City of Fort Collins presently owns and operates a municipal waterworks system (sometimes referred to as the "system") for the City and its inhabitants; and WHEREAS, the City Council has determined that it is necessary to extend and improve the system; and WHEREAS, the estimated cost of such improvements is approximately $5,000,000, and the City Council has determined that general obligation bonds of the City in the amount not exceeding $5,000,000 should be issued for such purpose; and WHEREAS, Section ?0.3 of the City Charter. provides in part that securities issued for water purposes may be issued by Council action without an election and shall not be included in the determination of the debt limitation; and WHEREAS, the City Council has determined that the proposed issue of general obligation bonds will be for the purpose of improving or extending the municipal waterworks system of the City, and therefore pursuant to the City Charter, no election is required prior to the issuance thereof; and WHEREAS, by a resolution previously passed and adopted by the City Council, notice of sale of bonds has been published in accordance with law, and all bids received prior to 10:00 A.M. on Tuesday, September 6, 1977, have been opened and tabulated; and September 6,. 1977 WHEREAS, the City Council has awarded the bonds to First National Bank of Oregon the highest and best bidder for the purchase thereof; and WHEREAS, the City Council has determined at this time to authorize the issuance of bonds in the principal amount of $5,000,000; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO: Section 1. Bond Details_ That for the purpose of extending and improving the municipal waterworks system of the City, the City shall issue its general obligation negotiable coupon bonds in the principal amount of $5,000,000, each to be designated "General Obligation water Bond, Series 1977", (referred to herein as the "1977 Bonds" or the "bonds"). The City Council has determined that the 1977 Bonds authorized herein, in the principal amount of $5,000,000, are not included within the debt limitation of the City, in accordance with Section 20.3 of the City Charter, which exempts from the debt limitation bonds issued for water purposes. The 1977 Bonds shall be dated October 1, 1977 and consist of 1,000 bonds in the denomination of $5,000 each, num- bered 1 to 1,000, inclusive. The net effective interest rate of this issue of bonds is 4.84 % per annum. Interest shall be payable on April 1, 1978, and semi-annually thereafter on the 1st day of April and the 1st day of October each year, as evidenced by interest coupons attached to said bonds at the rates set forth below, and the bonds shall mature serially on October 1, as follows: September 6, 1977 1 1 0 Amount Maturity Interest Rate $ 50,000 1979 5.00 % 50,000 1980 5.00 50,000 1981 5.00 50, 000 1982 5.00 50,000 1983 5.00 50,000 1984 5.00 175,000 1985 5.00 250,000 1986 4.50 275,000 1987 4.50 300,000 1988 4.50 $325,000 1989 4.60 350,000 1990 4.75 375,000 1991 4.75 400,000 1992 4.75 400, 000 1993 4.90 425, 000 1994 4.90 $450,000 1995 5.00 475,000 1996 5.00 500,000 1997 5.00 Bonds maturing on or before October 1, 1988, shall not be redeemable prior to their respective maturity dates. Bonds maturing in the years 1989 and thereafter, shall be re- deemable at the option of the City on October 1, 1988, and on any interest payment date thereafter, in inverse numerical order, upon payment of par, accrued interest and the following redemption premium: 28 of principal, if redeemed from October 1, 1988 to April 1, 1990, inclusive; 1% of principal, if redeemed from October 1, 1990 to April 1, 1992, inclusive; at par and accrued interest only if redeemed on or after October 1, 1992. 67 September 6, 1977 Notice of prior redemption shall be given by publication at least one time in a newspaper having general circulation in the City of Fort Collins, not less than thirty (30) days prior to the date of redemption, and notice shall also be given by mailing a copy of the notice by registered, first class mail, to the original purchaser of the bonds, at least thirty (30) days prior to the date of redemption. The bonds and the interest coupons attached thereto shall be payable in lawful money of the United States of America, at the office of the Director of Finance, in Fort Collins, Colo- rado. Section 2. Form and Execution of Bonds and Interest Coupons. The bonds shall be signed by the facsimile signature of the Mayor of the City, with the facsimile of the seal of the City appearing thereon, attested by the manual signature of the City Clerk and countersigned with the facsimile signature of the Director of Finance. The interest coupons attached to said bonds shall bear the facsimile signature of the Director of Finance, and when issued as aforesaid as part of said bonds, shall•be the binding obligations of the City according to their import. Should any officer whose manual or facsimile signature appears on said bond's or the interest coupons attached thereto cease to be such officer before delivery of the bonds to the purchaser, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes. The bonds and interest coupons attached thereto shall be in substantially the following form: September 6, 1977 (Form of Bond) it J 1 UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF LARIMER CITY OF FORT COLLINS GENERAL OBLIGATION WATER BOND, SERIES 1977 No. .$5,000 The City of Fort Collins, in the County of Larimer, State of Colorado, acknowledges itself indebted and promises to pay to the bearer hereof the principal sum of FIVE THOUSAND DOLLARS on the .1st day of October, 19 , with interest thereon at the rate of per centum ( %) per annum, payable on April 1, 1978, and semi- annually thereafter on the 1st day of April and the 1st day of October each year, both principal and interest being payable in lawful money of the United States of America, at the office of the Director of Finance, in Fort Collins, Colorado, upon presentation and surrender of said coupons and this Bond as they severally become due. Bonds of this issue maturing on or before October 1, 1988, are not redeemable prior to their respective maturity dates. Those bonds maturing in the years 1989 and thereafter, shall be redeemable at the option of the City on October 1, 1988, and on any interest payment date thereafter, in inverse numerical order, upon payment of par, accrued interest and the following redemption premium: 2% of principal, if redeemed from October 1, 1988 to April 1, 1990, inclusive; to of principal, if redeemed from October 1, 1990 to April 1, 1992, inclusive; at par and accrued interest only if redeemed on or after October 1, 1992. 69_ September 6, 1977 Notice of such prior redemption shall be given in the time and manner set forth in the ordinance authorizing the issuance of this Bond. This Bond is issued by the City Council of the City of Fort Collins, Colorado, for the purpose of extending and improving the municipal waterworks system of the City, under the authority of and in full conformity with the Constitution and Laws of the State of Colorado, the home rule Charter of the City, and pursuant to an Ordinance duly adopted, published and made a law of the City prior to the issuance of this Bond. It is hereby certified and recited that all the re- quirements of law have been duly complied with by the proper officers of the City in the issuance of this Bond; that the total debt of the City, including that of this Bond, does not exceed any limit of indebtedness prescribed by the Constitution or Laws of the State of Colorado or the Charter of the City; and that provi- sion has been made for the levy and collection of a direct annual tax (general ad valorem tax) on all the taxable property in the City and a pledge of the net revenue of the municipal waterworks system of the City, sufficient to pay the interest on and princi- pal of this Bond when the same become due. The full faith and credit of the City of Fort Collins, Colorado, are hereby pledged for the punctual payment of the principal of and interest on this Bond. IN TESTIMONY WHEREOF, the City Council of the City of Fort Collins, Colorado, has caused this Bond to be signed with the facsimile signature of the Mayor of the City, sealed with the facsimile of the seal of the City, attested by the manual sig- nature of the City Clerk and countersigned with the facsimile signature of the Director of Finance, and the interest coupons 70 1 1 I September 6„ 1977 1 attached hereto to be signed with the facsimile signature of the Director of Finance, as of the 1st day of October, 1977. (FACSIMILE S E A L ) ATTEST: (Manual Signature) City Clerk No. CITY OF FORT COLLINS, COLORADO By (Facsimile Signature Mayor COUNTERSIGNED: (Facsimile Signature) Director of Finance (Form of Interest Coupon) April, On the 1st day of October, 19 unless the Bond to which this coupon is attached, if redeemable, has been called for prior redemption, the City of Fort Collins, in the County of Larimer, State of Colorado, will pay to bearer the amount shown hereon in lawful money of the United States of America, at the office of the Director of Finance, in Fort Collins, Colorado, being interest then due on its General Obligation Water Bond, Series 1977, dated October 1, 1977, bearing No. (Facsimile Signature) Director of Finance September 6, 1977 Section 3. Disposition of Bond Proceeds. When the bonds have been duly executed, the Director of Finance is hereby directed to deliver the bonds to the purchaser thereof upon receipt of the agreed purchase price therefor. The proceeds of the bonds shall be used only for the purpose of extending and improving the municipal waterworks system of the City, and for paying the costs and expenses incurred incidental to the issuance of said bonds and for no other purpose whatever. All or any portion of the bond proceeds may be tem- porarily invested, or reinvested, pending such use, in securities or obligations which are lawful investments for such munic- ipalities in the State of Colorado. It is hereby covenanted and agreed by the City that the temporary investment or reinvestment of the bond proceeds, or any portion thereof, shall be of such nature and extent, and for such period, that the bonds of the"City shall not be or become "arbitrage bonds" within the meaning of Section 103(c) of the Internal Revenue Code, and pertinent reg- ulations, and such proceeds, if so invested or reinvested, shall be subject to the limitations and restrictions of said Section 103(c), as the same now exists or may later be amended, and shall further be subject to any applicable regulations of the Internal Revenue Service. Neither the purchaser of the bonds nor the subsequent holder of any of them shall be responsible for the application or disposal by the City, or any of its officers, of any of the funds derived from the sale thereof. Section 4. Payment of Principal and Interest. If necessary, the amount of interest due on said bonds on April 1, 1978 may be advanced from any available funds of the City, or from the proceeds of the bonds authorized by this Ordinance. For the purpose of reimbursing said funds and paying the interest on said bonds as it shall thereafter become due and providing for the September 6, 1977 ultimate payment of the bonds, there shall be levied on all the taxable property in the City, in addition to all other taxes, direct annual taxes (general ad valorem taxes) in each of the years 1977 to 1996, inclusive, without limitation as to rate or amount, sufficient to make such reimbursement and pay the in- terest on all of the bonds outstanding, and the principal thereof, as the same become due and payable, respectively. Said taxes, when collected, shall be applied solely for the purpose of the payment of the interest on and principal of the 1977 Bonds and for no other purpose whatever, until the bonds authorized by this Ordinance, both principal and interest, shall have been fully paid, satisfied and discharged. Nothing herein contained shall be so construed as to prevent the City from applying any available income or revenues of the municipal water- works system, or any other funds or revenues that may be in the City treasury and available for that purpose, to the payment of said bonds and the interest thereon. Upon the application of such funds or revenues as aforesaid, the levy or levies herein provided may thereupon to that extent be diminished. The sums herein provided to pay the interest on said bonds and to discharge the principal thereof when due, are hereby appropriated for that purpose, and said amounts for each year shall also be included in the annual budget and the appropriation bills to be adopted and passed by the City Council of the City in each year, respectively. It shall be the duty of the City Council of said City, annually, at the time and in the manner provided by law for levying other City taxes, if such action shall be necessary to effectuate the provisions of this ordinance, to ratify and carry out the provisions hereof with reference to the levying and collection of taxes; and such taxes, when collected, shall be kept 73 September 6, 1977 for pnd applied only to the payment of the interest on and prin- cipal of said bonds, as hereinabove specified. Section 5. Pledge of the Net Income and Revenue of the Municipal Waterworks System. By Ordinance No. 64, 1974, the City Council has authorized the issuance of its General Obligation Water Refunding Bonds, Series 1974, (hereafter referred to as the "1974 Bonds") in the principal amount of $1,935,000, dated De- cember 1, 1974. In addition to the provision for a tax levy for the payment of the 1974 Bonds, the Ordinance provides for a pledge of the net revenue of the municipal waterworks system for the payment of the principal of and interest on the 1974 Bonds. Similarly, the City hereby irrevocably pledges to pay the princi- pal of and the interest on the 1977 Bonds from the net revenues of the municipal waterworks system. The City hereby reserves the right to secure, without restriction, any water bonds and refund- ing water bonds of the City hereafter issued equally and ratably with the 1974 Bonds and the 1977 Bonds. The City also hereby commits itself to fix and annually to maintain rates and charges for water and services furnished by the system which, together with moneys on hand and available therefor, will be sufficient to pay operation and maintenance expenses of the system and the principal of and interest on all bonds and other obligations of the system, as they respectively become due, and for the other payments required by Art. IX, Section 6'of the City Charter. The term "net revenues" as used herein refers to the gross revenues of the system after the payment of operation and maintenance expenses. The term "operation and maintenance expen- ses" as used herein means all current reasonable and necessary expenses of operating, maintaining and repairing the system, but does not include any allowance for depreciation or capital re- placements and improvements. 74 September 6, 1977 The terms "municipal waterworks system" or "system" as used herein shall include not only the property comprising the waterworks system of the City of Fort Collins at the present time, but all additions and betterments thereto and improvements and extensions thereto which may hereafter be constructed or acquired by the City. Section 6. Covenants of the City. The City hereby additionally irrevocably covenants and agrees with each and every holder of the 1977 Bonds that so long as any of said bonds remain outstanding: (a) It will continue to operate and manage the system in an efficient and economical manner and keep and maintain separate accounts of the receipts and disbursements thereof in such manner that the revenues thereof may at all times be readily and accurately determined. (b) It will not sell or alienate any of the property constituting any part or all of the system in any manner or to any extent as might reduce the security provided for the payment of the 1977 Bonds, but the City may sell any portion of such property which shall have been replaced by other similar property of at least equal value, or which shall cease to be necessary for the efficient operation of the system. (c) The rates for all services rendered by the system to the City and to its inhabitants and to all consumers within or without the boundaries of the City shall be reasonable and just, taking into account and consideration the cost and value of the system and the proper and necessary allowance for the depreciation thereof and the amounts necessary for the retirement of all bonds and other securities or obligations payable from the revenues of the system, and the accruing interest thereon. September 6, 1977 (d) There shall be charged against all purchasers of service such rates and amounts as shall be adequate to meet the requirements of this and the preceding sections hereof, and said rates and amounts from the system shall be sufficient to satisfy the requirements of Section 5 hereof. (e) The City shall cause all rates, fees and service charges appertaining to the system to be collected as soon as reasonable, shall prescribe and enforce rules and regulations for the payment thereof and for the connection with and the discon- nection from properties of the system, and shall provide methods of collection and penalties, including but not limited to denial of service for non-payment of such rates, fees and service charges, to 'the end that net revenues of the system shall be adequate to meet the requirements hereof. (f) At regular periods each year it will render bills for water services furnished. Until paid, all water rates, fees; tolls and charges shall constitute a lien on the property served, and the City shall take whatever action is legally permissible promptly to enforce and collect delinquent water rates, fees, tolls and charges, and to enforce said liens. (g) At least once each year it will furnish Boettcher and Company, Denver, Colorado, and the purchaser of the 1.977 Bonds,, with a complete statement of the receipts and disbursements of and for the system for the fiscal year immediately preceding such 'statements. (h) It will carry workmen's compensation, public liability and other forms of insurance on insurable system prop- erty, in such amounts as is customarily carried on prudently operated systems of like character. Section 7. Severability. That if any one or more sections or parts of this Ordinance shall be adjudged unen- forceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. __76— September 6, 1977 Section 8. Repealer. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 9. Ordinance Irrepealable. After the bonds are issued, this Ordinance shall be and remain irrepealable until said bonds and the interest thereon shall have been fully paid, sat— isfied and discharged. Section 10. Declaration of Emergency. That in order to take advantage of the favorable bond market and to complete the issuance and sale of the bonds to the purchaser thereof at the earliest possible date, so that funds will be available for the payment of the costs of the extensions and improvements, it is hereby declared that an emergency exists and that this ordinance is necessary for the preservation of public peace, health, safety and property, shall take effect upon passage, and be published within five (5) days following the passage hereof. Section 11. Publication. This Ordinance, after its passage, shall be numbered and recorded, and the adoption and publication shall be authenticated by the signature of the Mayor and the City Clerk, and by the Certificate of Publication. Introduced and finally passed and adopted this 6th day of September— A. D. 1977. ( S E A L First and Final Reading: September 6, 1977 Date Published: September 11, 1977 Attest-: City Cler (Vote: Yeas: 5, Nays: 0) September 6,. 1977 Ordinance Adopted on First Reading Increasing the In -Lieu -Of Water Rights Payments Following is the City Manager's memorandum on this item: "As directed by the City Council, the Water Utility staff and Water Board have considered and made recommendations to the City Council on the in -lieu -of water rights payments on a annual basis. In that water costs per -acre-foot have been increasing at a dramatic rate, the Water Board requested a staff report every six months on the current price of an acre foot of water. Accordingly, the Water Board at their August 12, 1977, meeting recommended an adjustment of the in -lieu -of water right pay- ment from $800 to $1,000 per acre foot based on the attached staff report." Councilwoman Gray made a motion, seconded by Councilman Suinn to adopt Ordinance No. 110, 1977 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Vacating an Alley in Block 305 Following is a memorandum from the Planning Department on this item: "The owner of the property immediately west of the existing unused alley in the 900 block of Sycamore has requested that the alley be vacated. The staff sees no problems with this request, as there is no need to maintain a public right-of- way at this location. However, a six foot utility easement for the existing power line should be required." Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 111, 1977 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 7$ - 1 September 6,.1977 1 1 Adjustments in Water Yield of South Side Ditches and Pleasant Valley and Lake Canal Approved Following is the City Manager's memorandum and recommendation on this item: "In August, 1975, the City Council last confirmed the City's Raw Water Policy. Section 2 of this policy establishes the accepted water yield of various shares of Ditch and Irrigation Company stock. At the Water Board meeting held on August 12, 1977, they considered the matter of ditch yields based on a recently adopted agreement with South Side Ditches and a pending agree- ment with the Pleasant Valley and Lake Canal Company. The recommended yields are reviewed in the attached staff memos to the Water Board. The Water Board recommends that the City Raw Water Policy be amended to reflect the following agreed upon yields: Arthur Irrigation Company Larimer County Canal No. 2 New Mercer Irrigation Co. Pleasant Valley & Lake Canal Company Present Recognized Agreement Yield Yield 2.145 AF 3.442 AF 27.210 AF 42.687 AF 18.465 AF 30.236 AF 55.55 AF 39.74 AF Recommendation: The Administration recommends that Council amend the City policy to reflect the recommended adjustment in water yield for various ditch stocks." Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt the recommendation of the administration. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED September 6, 1977 Water Storage Agreement with Water Supply and Storage Company for Water in Chambers Lake Approved Following is the City Manager's memorandum and recommendation I on this item: "Attached is a proposed Agreement between the Water Supply and Storage Company and the City of Fort Collins prepared by the~ Irrigation Company. This type of agreement is necessary .for the storage of water in Chambers Lake in the large amount presently held there for the City. Previously, when small amounts were held, no agreement was necessary. The exact amount will be filled in at the time of signing. Presently, the City has 2,800 acre feet of water in the Lake and the Districts have an additional 800 acre feet there. This is the maximum amount the Company will accept. Recommendation: The Administration recommends that Council authorize t e City Manager and City Clerk to execute this Agreement on behalf of the City." Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt the recommendation of the administration. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED ' Resolution Adopted Authorizing Acquisition of the Right of Way for a Sanitary Sewer Line Following is the City Manager's memorandum and recommendation on this item: "Property belonging to Mr. Pete Sanchez at 217 Buckingham Street is not able to connect to the City sewer because it has no access to the alley in which the sewer line is located. Both Mr. Sanchez and the City have attempted to negotiate a right of way across the adjoining property owned by Edward Moreno in order to have access to the sewer line, but we have not been able to receive any response from Mr. Moreno. In view of this, it appears that a right of way cannot be negotiated and can only be acquired by condemnation. Recommendation: The Administration recommends that the Council a opt t e enc osed Resolution authorizing acquisition of the right of way through condemnation." r-g0 — September 6, 1977 Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt the resolution. Yeas: Councilmembers Bloom, ' Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED RESOLUTION 77-56 . OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION OF AN EASEMENT FOR A SANITARY SEWER LINE ACROSS CERTAIN PROPERTY IN THE CITY BY EMINENT DOMAIN PROCEEDINGS WHEREAS, it is necessary that the City of Fort Collins acquire an easement for a sanitary sewer line across the property hereinafter described in.order to make sanitary sewer service on the City sanitary sewer utility available to a residential property in the City; and WHEREAS, the City has attempted to negotiate with the owner of the property for the acquisition of the necessary easement but has been unsuccessful in such negotiation and it appears it is necessary to acquire such property through ' proceedings in eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. The City Council hereby finds and determines that it is necessary that the City of Fort Collins acquire an easement for an underground sanitary sewer line across the following described property situate in the City of Fort Collins, County of Larimer, State of Colorado, to -wit: The West.10 feet of the South 1/2 of Lots 9 and 10, Block 7, Buckingham Place, a Subdivision in the City of Fort Collins, Colorado, according to the recorded Plat thereof. Section 2. The City Council hereby finds and determines that it is not possible to acquire such property by negotiating with the owner of the same and therefore authorizes the City Attorney and the other proper officials of the City to acquire such property for the City by eminent domain proceedings. September 6, 1977 Passed and adopted at a regular meeting of the City Council held this 6th day of Seutember . A.D. 1977. ATTEST - City Clerk Resolution Adopted Setting Hearing Date for Assessment Ordinance on Sidewalk Improvement District No. 6 Following is the City Manager's memorandum on this item: "Attached is the final report from Engineering Services on the costs for Sidewalk Improvement District No. 6 as required by ordinance. Total City cost for the project is $1,394.22. This district was established in response to a request from Poudre R-1 School District, parents and citizen groups. The groups requested that sidewalk be constructed along the north side of.Stuart Street from Stover to Spring Meadows Court and along Laurel from Stover to Endicott Street. Due to low pedestrian usage, the portion along Laurel Street was eliminated." Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED OZ- 1 September 6, 1977 ' RESOLUTION 77-57 OF THE COU14CIL OF THE CITY OF FORT COLLINS ACCEPTING THE IMPROVEMENTS IN SIDEWALK IMPROVEMENT DISTRICT NO. 6 ADOPTING THE REPORT OF THE CITY ENGINEER RESPECTING THE COST OF THE IMPROVEMENTS IN SAID DISTRICT AND THE SCHEDULE OF ASSESSMENTS AND ORDERING NOTICE TO BE PUBLISHED BY THE CITY CLERK OF THE ASSESSMENTS TO BE MADE IN SAID DISTRICT, ALL IN ACCORDANCE WITH THE ORDINANCES OF THE CITY WHEREAS, the City Engineer has reported to the City Council that the improvements in Sidewalk Improvement District No. 6 have been completed and has recommended that the same be accepted, and WHEREAS, the City Engineer has prepared a statement showing the whole cost of the improvements in said District and has further prepared an assessment roll, and WHEREAS, the City Council has reviewed such reports and desires to accept the same and advertise and give notice of assessment in accordance with the Ordinances of the City. ' NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the report of the City Engineer regarding the completion of the improvements in Sidewalk Improvement District No. 6, be and the same hereby is accepted and the improvements in said district are hereby accepted by the City Council, and BE IT FURTHER RESOLVED that the report of the City Engineer regarding the whole cost of the improvements and the assessment roll be and the same hereby are accepted and the City Clerk is directed to notify the owners of property to be assessed and all persons interested generally that such improvements have been completed and accepted. Such notice shall be made as required by the ordinances of the City. Passed and adopted at a regular meeting of the City Council held this 6th day of September, A.D. 1977. ATTEST City ClerkZoe September 6,. 1977 NOTICE ' TO: THE PROPERTY OWNERS IN SIDEWALK IMPROVEMENT DISTRICT NO. 6, AND TO ALL PERSONS INTERESTED GENERALLY, OF THE COMPLETION AND ACCEPTANCE OF THE IMPROVEMENTS IN SAID DISTRICT, THE TOTAL COST THEREOF, THE ASSESSMENTS TO BE MADE ON PROPERTY WITHIN SAID DISTRICT TO PAY THE COST OF SAID IMPROVEMENTS, AND THE DATE OF HEARING ON ANY OBJECTIONS THAT MAY BE MADE IN WRITING BY OWNERS OF SUCH PROPERTY. Notice is hereby given to the owners of property to be assessed within the limits of Sidewalk Improvement District No. 6, and to all persons interested generally, that the improvements in said district have been completed and accepted. Notice is further given that the whole cost of said improvements, including the cost of collection, legal, ' advertising, engineering, financing and other incidentals is $7,582.76; that the portion of said cost to be paid by the City is $1,315.30; that the assessment roll showing the share apportioned to each lot or tract of land in the District is on file in the City Clerk's office and can be seen and examined at any time during normal business hours; and that any complaints or objections which may be made in writing by the owner or owners of property in the District and filed in the office of the City Clerk within 30 days from the publica- tion of this notice will be heard and determined by the Council before the passage of any ordinance assessing the cost of such improvements; and that on Tuesday, October 18, 1977, at the hour of 5:30 o'clock P.M. or as soon thereafter I -g 4-- September 6, 1977 1 FJ as the matter may come on for hearing in the Council chambers of the City Hall, City of Fort Collins, Colorado, the City Council will hear such complaints and objections and determine the same and act upon an ordinance assessing the cost of such improvments. Dated at Fort Collins, Colorado this 6th day of September, A.D. 1977. L-4 Ci—ty Clerk Report on New Southeast Elementary School City Participation in Gymnasium Addition Following is the City Manager's memorandum and recommendation on this item and the memorandum of May 16, 1977: "Attached for your information is a report I prepared for Robert Brunton on May 16, 1977, concerning this subject. On Wednesday, August 31, 1977, H. R. Phillips and I met with Jim Law, Business Manager of Poudre R-1 School District, (Mr. Don Webber is out of town all week.) to discuss the topic again. Most recent information substantiates my earlier memo; however, we did get some clarification on a use policy. Mr. Webber has informed the School Board that his recommended use policy would be as follows: 1. First preference would go to the Southeast Elementary School on a day and evening basis for use (weekends included). 2. Second preference would go the City of Fort Collins. 3. Third preference would go to other Poudre R-1 schools. II5 September 6,. 1977 The design for the new Southeast Elementary School will be reviewed by the School Board on September 12, 1977. Plans call for the project to go out to bid on September 21, 1977. ' As cited in my earlier memo, it would cost the City approxi- mately $250,000 to add a 11,214 square foot facility. This would allow for two full sized basketball courts to be built, but does not include funds for shower or locker facilities. It is also the size of structure which H. R. Phillips feels is the minimum size required for our program demands and needs. I have also checked with City Attorney, Art March, on the use of Parkland Acquisition and Development Funds for this purpose. Without ordinance changes in the program, this is not an eligible expenditure. It would then appear that an appropriation for this project would have to come from our general fund unappropriated fund balance. It should also be noted that upon approval of our EDA grant and the construction of the new Northside Community Center, additional gymnasium space will be provided to the community. Recommendation: Because there are other priority programs i.e. street Tmprovements, pension and insurance requirements) which our general fund unappropriated balance may be used for and since the Northside Community Center will reduce some of our needs for gymnasium space, it is recommended that we ' not participate in oversizing the gym at the New Southeast Elementary School at a cost of approximately $250,000. Additional Comments - It should be noted that we will be asking Council in the budget process to appropriate $15,000 from the Parkland Acquisition and Development Fund in 1978 to develop and build a playground at this new school facility." "On Wednesday, May 11, 1977, Mike DiTullio, H. R. Phillips, and I met with Jim Law of the Board of Education to discuss the City's participation in a gymnasium facility and Poudre R-1's new southeast elementary school. The following information was available from the school district on the matter: 1. To add a 11,214 square foot facility (this is approxi- mately twice the size of the Boltz Junior High gym which is 5,632 square feet) would cost the City approxi- mately $250,000. 2. Approximately $5,000 in additional utility expenses would be needed annually plus annual rate increase to maintain the facility,_ 86 September 6, 1977 3. No use policy (exclusive City use after a specified time period re: 4:00 daily) can be committed to the ' City at this time. 4. The School Board needs to know by May 23, 1977, whether or not the City is interested in participating in the project. 5. If the City did participate in the project, funds would have to be available by January 1, 1978, for half the cost with the remaining half due July 1, 1978. Based on the above criteria and additional comments below, we do not feel the City's participation in the project is desirable. 1. A more concrete use plan would have to be developed before making such sizable expenditures. 2. An expenditure of this magnitude in the Parkland Fund would delay planned development of Rolland Moore Park for approximately two years which is a higher priority project. 3. The minimum size structure which could accommodate two regulation basketball games would be 9,680 square feet. Reducing the structure to this size would not ' result in a sizable savings." After Council discussion, Mayor Bloom stated direction from the Council was not to participate in this project. Agreement with United Bank of Fort Collins Approved as Amended Following is the City Manager's memorandum on this item: "Council has previously considered a proposed agreement under which the City would take over maintenance of a detention pond for the Stagecoach Subdivision. The attached agreement has been prepared and is proposed by United Bank in reponse to the discussions with the Council when this was last presented. The agreement now calls for a deposit of $10,000.00 with 1/2 of the deposit to be taken by the City if the property annexes and the other half to be refunded to the bank at that time. In the interim all interest earned would be available to maintain the detention pond and the principal could be invaded if major expenditures were required." 87 - 1 September 6,. 1977 City Attorney March stated he felt there was an oversight *n the redrafting of the agreement. The original agreement had the following language in it: ' "5. If the property shall be annexed to the City, the detention pond shall then be conveyed to and accepted by the City, and the City shall assume full responsibility of main- tenance and ownership of the tract of land and the detention pond located thereon." He then recommended Council approve the agreement with the above language being substituted for paragraph number six in the current agreement. Councilman Bowling made a motion, seconded by Councilman Wilkinson to approve the agreement with the new language in paragraph six. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED New Municipal Building Contract Awards Following is the City Manager's memorandum and recommendation on this item: "As a result of a bid opening on August 23, 1977, for electrical ' and masonry subcontract work on the new Municipal Building Project, the two subcontractors mentioned in the attached memo from Pat Polifka are being submitted for Council approval to award contracts. Recommendation: Accept the bids and authorize contracts to be awarded to Burch Electric Company of Fort Lupton, Colorado for $101,995, and Dach Masonry Company, Inc. of Denver, Colorado for $175,972." Councilman Wilkinson made a motion, seconded by Councilman Suinn to adopt the recommendation of the administration. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Capital Improvements Coordinator Pat Polifka then distributed schedules for the City Hall Project and Lincoln Community Center. L September 6,. 1977 Report from the City Manager Interim City Manager Lanspery distributed a tentative agenda ' for the September 13th work session and the proposed budget work session dates. This schedule will be reviewed at the September 13, 1977 work session. Mayor Bloom declared the meeting adjourned to 7:30 p.m. Citizen Participation Dr. Bonsall Johnson, 1828 Manchester Drive, requested Council to consider the following items: 1. A study on the part of the City to see what the suitable balance is between residential and industrial growth. 2. A study to determine what resources the City has to support industry. Mayor Bloom recommended Dr. Johnson meet with Interim City Manager Lanspery on the studies already made in these areas. The following proclamations were presented: Proclamation for September 8, 1977 as National Cancer Day. ' Proclamation for September 24, 1977 as Fort Collins Annual Hunting and Fishing Day. Proclamation for September 11 - 17, 1977 as Fort Collins Symphony Week. Report from the City Council Members on Committees a. Councilman Bowling reported on the COG meeting and spoke briefly of the revenue sharing projections. b. Councilman Suinn reported on the meeting held with the C & S Railroad and topics of discussion at that meeting. C. Councilman Wilkinson reported on the 1041 Urban Services Designation. Three firms will be interviewed on September 19, 1977. September 6, 1977 Ordinance Adopted on First Reading Zoning Property Known as the Landings First Annexation Following is the City Manager's memorandum and recommendation I on this item: "This proposal is for the zoning of 167.8 acres located south of Warren Lake and west of Lemay Avenue. The petitioner has requested R-L-P, Low -Density Planned Resi- dential zoning. The Planning and Zoning Board unanimously recommended the R-L-P Zoning District and the Planning staff concurs. Recommendation: The Administration recommends that Council adopt Or nance No..107, 1977, on first reading approving R-L-P Zoning of the Landings First Annexation." Councilwoman Gray made a motion, seconded by Councilman Bowling to adopt Ordinance No. 107, 1977 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. Ordinance Adopted on Second Reading Annexing the Landings First Annexation Following is the City Manager's memorandum on this item: ' "Ordinance No. 105, 1977, was passed on first reading at the August 16, 1977, City Council meeting. This annexation involves 167.8 acres south of Warren Lake and west of Lemay Avenue. The Annexation derives its necessary contiguity from the Harmony Annexation located east of this site." Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt Ordinance No. 105, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling and Wilkinson. Nays: Councilmembers Gray and Suinn. THE MOTION CARRIED 1 ORDINANCE NO. 105, 1977 ' BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE LANDINGS FIRST 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: 91- - A tract of land situate in the southwest 1/4 of Section 31, Township 7 North, Range 68 West of the Sixth P.M., and in Section 36, Township 7 North, Range 69 west of the Sixth P.M., ' Larimer County, Colorado, which considering the east line of the southeast 1/4 of said Section 36 as bearing S00° 03'W and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the southeast corner of said Section 36 and run thence N890 g55' 30"W 34.70 feet; thence N00003'E 170.00 feet; thence S44 57'85"W 70.60 feet; thence N89055'30"W 1716.20 feet; thence S82 57'45"� 646.00 feet; thence S00005'10"E 7.60 feet; thence N89 42'W 11.40 feet; thence N00°d0'40"W 190.00 feet; thence N89°52'W 198.00 feet; thence �00 10'40"W 1103.68 feet; thence west 1325.57 feet; thence N00 04'15"W 822.23 feet; thence N82043'E 256.03 feet; thence N62003'E 163.30 feet; thence N39020'E 410.18 feet; thence N67034'E 182.80 feet; thence N89050'E 495.32 feet to the Center 1/4 corner of said Section 36; thence N00°06'lJ 155.10 feet; thence N56°29'W 137.30 feet; thence N72055'I4 251.80 feet; thence N75013'E 320.94 feet; thence N00006'W 787.56 feet; thence S50010'E 143.87 feet; thence S51005'E 165.72 feet; thence S13058'E 191.46 feet; thence S1g015'I4 165.00 feet; thence S19020'E 75.00 feet; thence S38 g6'E 218.00 feet; thence S62°15'E 110.00 feet; thence S23 WE 220.00 feet; thence S55050'E 364.00 feet; thence S32030'E 160.00 feet; thence S58012'E 195.00 feet; thence S73028'E 176.00 feet; thence S87042'E 253.00 feet; thence S68030'E 552.00 feet; thence ' S45050'E 168.00 feet; thence �7403o'E 80.00 feet; thence sou�h 196.94 feet; thence S86 12'30"E 157.67 feet; thence N67 27'E 165.20 feet; thence N88041'30"E 95.00 feet; thence Soo °03'1.1 60.17 feet; thence S85 41'3014 80.90 feet; thence S67°27'W 169.60 feet; thence N86°12'30"W 457.70 feet; thence N34037'W 60.53 feet; thence N63°83'W 121.20 feet; thence N62°09'W 135.29 feet; thence N59 30'30"W 97.47 feet; thence N64050'W 136.85 feet; thence SN 00'30"W 161.81 feet; thence S16026'E 66.62 feet; thence S40 53'F'E 210.01 feet; thence S3114'13"E 260.01 feet; thence S72 45'05"E 232.02 feet; thence east 784.14 feet; thence N00°03'E 720.03 feet; thence eas� 30.00 feet; thence S00 03'I4 a882.13 feet; thence N44 52'33"� 3.92 feet; thence N89 32'33"W 27.22 feet; thence S00 03'W 170.00 feet to the point of beginning. 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 Ci ty. -92 -- 1 1 1 Introduced, considered favorably on first reading and ordered published this 16th day of August , A.D. 1977, and to be presented for final passage on the 6th day of September A.D. 1977. Mayo ATTEST: City Clerk Passed and adopted on final reading this 1977. ATTEST: CityCer First Reading: August 16, 1977 Second Reading: September 6, 1977 Dates Published: August 21, 1977 Attest: City Clerk "" ' 93 - 6th day of September, A.D. (Vote: Yeas: 3, (Vote: Yeas: 3, and September 11, Nays: 2) Nays: 2) 1977 September 6, 1977 Ordinance Adopted as Amended on First Reading Zoning the Harmony Second Annexation Following is the City Manager's memorandum and recommendation ' on this item: "The City Council on August 16 approved the first reading of the ordinance annexing this property. The second reading of this ordinance is scheduled for the September 6 meeting. The Planning and Zoning Board at its July 11, 1977, meeting voted to recommend to the Council that this property be placed in the T-Transition Zone until the Board could discuss a general land use plan for the southern area of the City. The Board considered such a plan at a special meeting on August 23, 1977. At that meeting the Board also considered the petitioner's request for R-P, Planned Residential Zoning of the property and the Planning staff's recommendation for 28 acres of R-P, Planned Residential zoning and 41 acres of R-L-P, Low Density Planned Residential Zoning. The Board voted to table this item until October, not because of dis- agreement with the staff's recommendation or the petitioner's request, but to determine the Location of the Harmony trunk - line as a possible line for placing the property into two different zoning categories (R-P and R-L-P). However, it has subsequently been determined that that trunkline is located too far south on the property to serve as a useful zoning dividing line. ' Recommendation: The Administration recommends that Council zone this property R-P, Planned Residential with the understanding that the plans for development of this property would be approved at less than the maximum density allowable for the R-P, Planned Residential zoning district. In order to accom- plish the R-P Zoning, Council would need to amend the zoning ordinance by deleting the T-Transition Zone and substituting the R-P, Planned Residential zone, and approve the amended ordinance on first reading." Developer, Bill Tiley, spoke to the phasing proposed for this annexation. Councilman Wilkinson made a motion, seconded by Councilwoman Gray to amend Ordinance No. 108, 1977 on first reading by deleting the T-Transition Zone and substituting the R-P, Planned Residential zone and adopt the amended ordinance on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED —94- ' September 6, 1977 Ordinance Adopted as Amended on Second Reading Annexing the Harmony Second Annexation Following is the City Attorney's memorandum on this item: "The description for the referenced annexation should be changed. It appears that the engineers who prepared this plat construed the descriptions of the various parcels so as to create a gap between two properties which actually have a common boundary. I have had them prepare a revised annexa- tion plat which is enclosed, and I have revised the ordinance to reflect the correct description. In order to complete this annexation with the correct description, the Council should first pass a motion amending Ordinance No. 106, 1977, to use the description contained in the enclosed ordinance rather than the description that was in the ordinance pre- sented on first reading. After adoption of that motion, the Council can then adopt the ordinance on second reading as amended. The plat to be filed for this annexation should be the form of plat which is enclosed herewith." Councilman Bowling made a motion, seconded by Councilman Wilkinson to amend the ordinance to use the description con- tained in the revised ordinance rather than the description that was in the ordinance presented on first reading. Yeas: Councilmembers Bloom, Bowling, Suinn and Wilkinson. Nays: Councilwoman Gray. THE MOTION CARRIED Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 106, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling and Wilkinson. Nays: Council - members Gray and Suinn. THE MOTION CARRIED ORDINANCE NO. 106, 1977 BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE HARMONY SECOND 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 95 September 6, 1977 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 the 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: Considering the West line of the Southwest Quarter of Section 32, Township 7 North, Range.68 West of the 6th Principal Meridian as bearing North 00104'44" East and with all bearings contained herein relative thereto: Beginning at a point on the West line of the Southwest Quarter of said Section 32 from which the West Quarter corner of said Section 32 bears North 00°04'44" East 2629.00 feet, said point being on the Northerly right- of-way line of State Highway 68; thence departing from said West line along said Northerly right-of-way line North 88125150" East 30.01 feet; thence departing from said Northerly right-of-way line along a line that is 3 feet East of and parallel with the West line of the Southwest Quarter of said Section 32 North 00004'44" East 2627.93 feet to a point on the East-West centerline of said Section 32 from which point the West Quarter corner of said Section 32 bears North 89031135" West 30.00 feet; thence departing from said East-West center- 96 September 6,. 1977 line and along a line that is 30 feet East of and parallel with the West line of the Northwest Quarter of said Section 32 North 00001'49" West 1330.16 feet to a point on the North line of the South Half of the North- west Quarter of said Section 32; thence along said North line North 89028106" West 30.00 feet to the Northwest corner of the South Half of the Northwest Quarter of said Section 32; thence along the North line of the Southeast Quarter of the Northeast Quarter of Section 31, Township 7 North, Range 68 West of the 6th Principal Meridian North 89053116" West 1211.74 feet to a point on the Easterly line of the Collindale Golf Course Second Annexation to the City of Fort Collins, Colorado, said point being on the Westerly right-of-way line of the Union Pacific Railroad; thence along the Easterly line of said Collindale Golf Course Second Annexation and the Westerly line of the Union Pacific Railroad South 00006143" West 1327.23 feet to the Southeast corner of said Collindale Golf Course Second Annexation; thence departing from said Westerly right- of-way line of the Union Pacific Railroad and along the Southerly line of said Collindale Golf Course Second Annexation, said line being the South line of the Southeast Quarter of the Northeast Quarter of said Section 31 North 89°44'55" West 111.32 feet to the Northeast corner of the West Half of the Southeast Quarter of said Section 31, said point being the North- east corner of Harmony Annexation to the City of Fort Collins, Colorado; thence along the Easterly line of said Harmony Annexation South 00000'43" West 846.48 feet; thence departing from said Easterly line South 89056'06" East 264.98 feet to a point on the Easterly right-of-way line of the Union Pacific Railroad right- of-way, said point being the Southwesterly corner of that certain parcel of land described in deed recorded in Book 1521, Page 193, records of said County; thence along the Southerly line of said parcel South 69°12'06" East 181.37 feet; thence South 38'01106" East 135.20 feet; thence South 62051106" East 389.96 feet; thence South 70016'36" East 378.83 feet; thence South 83'34'26" East 103.94 feet to the Southeast corner of said described parcel; thence along the East line of the Southeast Quarter of said Section 31 South 00004144" West 1299.71 feet more or less to the Point of Beginning. EXCEPT that certain parcel of land described in deed recorded in Book 1735, Pages 333-335,.Exhibit B, records of Larimer County, Colorado. - 97 September 6, 1977 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 Harmony Second 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 ordered published this 16th day of August and to be presented for final passage on the September , A.D. 1977. AT EST: Ci y Clerk Passed and adopted on final reading this A.D. 1977. ATTEST* City Clerk reading and , A.D. 1977, 6th day of 6th day of September First Reading: August 16, 1977 (Vote: Yeas: 3, Nays: 2) Second Reading: September 6, 1977 (Vote: Yeas: 3, Nays: 2) Dates Published: August 21, 1977 and September 11, 1977 Attest: City Clerk 9F 1 1 1 September 6, 1977 Ordinance Adopted on First Reading Zoning the Timberline-Horsetooth Annexation Following is the City Manager's memorandum and recommendation on this item: "The annexation of this property was completed as of August 26, 1977. The Planning and Zoning Board considered zoning for this pro- perty at its July 11, 1977, meeting and voted to recommend to Council the T-Transition zone until a general zoning plan for the area could be considered by the Board. At a special meeting on August 23, 1977, the Board considered such a plan (the "South Fort Collins General Land Use Plan") and voted to recommend to the Council that 18 acres of the property be placed in the R-H, High Density Residential zoning district and 18 acres in the T-Transition zoning district (the peti- tioner is requesting B-P, Planned Business zoning and the Planning staff's recommendation is for 15 acres of R-H, High Density Residential zoning and 21 acres of R-P, Planned Residential Zoning). Recommendation: The Administration recommends that the Council consider the —petitioner's request, the recommendations of the Planning staff, and the recommendations of the Planning and Zoning Board and determine the appropriate zoning. If the Council decides to place all of the property in one zoning district, it will need to amend the zoning ordinance by deleting the T-Transition zone and substituting the appropri- ate zone. If the decision is to zone the property into different zoning districts and the division of the property is capable of being sufficiently described, the Council will need to amend the zoning ordinance deleting the T-Transition zone and placing described pieces of property in the appropriate zones. If the Council decides to place the property into different zoning districts and the property cannot be suffi- ciently described without a legal description, this item should be referred back to staff with instructions to bring back a zoning ordinance with appropriate legal descriptions." Councilmembers discussed the possible problems of having the entire 36 acres in the B-P zone. Councilman Suinn made a motion that the ordinance be amended to reflect the staff's recommendation. This motion was not seconded. Councilwoman Gray made a motion, seconded by Councilman Bowling to accept the recommendation of the Planning and Zoning Board and instruct the City Attorney to come back with the proper ordinance. Yeas: Councilmembers Bloom, Bowling, Gray and Wilkinson. Nays: Councilman Suinn. 99 September 6,. 1977 THE MOTION CARRIED (This item was brought back after the next item on the agenda.) Councilman Wilkinson made a motion, seconded by Councilwoman Gray to amend Ordinance No. 98, 1977 on first reading as follows: Section 1, line 3, substitute "including the property known as the Timberline-Horsetooth Annexation to the City of Fort Collins, Colorado, in the I-P, Planned Industrial District" for "placing the property known as the Timberline-Horsetooth Annexation to the City of Fort Collins, Colorado in zoning districts under the zoning ordinance as follows: The West 529.27 feet of said annexation as measured parallel to the West line of said annexation, in the R-H, High Density Residential district, and The remainder of said annexation in the T, Transition district." Yeas: Councilmembers Bloom, Bowling, Gray and Wilkinson. Nays: Councilman Suinn. THE MOTION CARRIED Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt the ordinance as amended. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED This item was again discussed under "Other Business". Replat of Edora Acres, Second Filing Approved Following is the City Manager's memorandum on this item: "Attached is a report from Planning Staff concerning the Replat of Edora Acres. This replat would void the Final P.U.D. approved by Council on February 1, 1977. On August 8, the Planning and Zoning Board unanimously recom- mended approval of the Replat subject to technical revisions. The Board did comment that the approved P.U.D. was more aesthetic, however, the current approach is in character with adjacent development, is legal and acceptable. The applicant has met the necessary requirements and made the technical revisions recommended by the Planning and Zoning Board. i !10 September 6, 1977 Councilman Bowling made a motion, seconded by Councilwoman Gray to approve the replat of Edora Acres, Second Filing. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Parkview Estates P.U.D. Preliminary Plan Approved Following is the Planning and Zoning Staff's memorandum on this item: Background This is a proposal for a total of 227 dwelling units on a 24 acre site at an overall density of 11.5 units/acre. Dwelling units consist of 104 townhouse and 173 apartment units. The site is zoned R-M, Medium Density Residential District, and R-H, High Density Residential District. The proposal is being submitted as a P.U.D. although this, is not required for multifamily development in these zones. Please see the attached statement of planning objectives submitted by the architect which describes the project in detail. Land Use Breakdown townhouse apartment total Area 15.5 ac 8.6 ac 24.1 ac Dwelling units 104 173 277 Density 6.70/ac 20.2/ac 11.5/ac Parking required 208 303 511 provided 208 299 507 Coverage buildings 18.7% 18.7% 18.7% pavement 38.7% 31.7% 24.0% active open 31.6% 25.6% 29.0% residual open 29.7% 24.0% 28.3% 100.0% 100.0% 100.0% Planning and Zoning Board Discussion The Planning and Zoning Board considered the preliminary plan of this proposal at its August 8 meeting. Discussion concerned the following general topics: A. Intensity of townhouse area. The staff pointed out that although the overall density of the proposal is below the maximums possible with a conventional subdivision in the R-H and R-M zones, the plan nevertheless entails highly intensive use in the townhouse area. Although the townhouse buildings have been carefully laid out in September 6, 1977 relation to each other, the intensity of use in this area was reflected on the preliminary plan submitted for Planning and Zoning Board review by building coverage of 25.2% (excluding open space separated from townhouse area by irrigation canal); building separation of 10 to 15 feet in several locations which lead to questions of privacy loss with this building type; dependence on all offstreet parking inside garages; access driveways which failed to meet P.U.D. requirements for private streets; problems of emergency access at two locations; and some garage entrances which did not provide sufficient sight distnace for safe backup movements. Nevertheless,the staff indicated that it did not feel that the density or intensity of this area per se was too great, but that these detailed problems should be resolved. The ,applicant expressed agreement with specific staff suggestions (as noted in condition 111 of Planning and Zoning Board Recommendation, below). B. Open Space and Irrigation Ditches. The staff questioned the function- ality of unimproved active open area along the north end of site separated from the rest of the site by an irrigation canal. Members of the Board were also concerned about safety along the ditchbanks. The applicant, however, pointed out that the P.U.D. ordinance was intended to allow open space development of areas unsuited for housing, but expressed agreement with staff suggestions that this area be fully landscaped and have improved access (see condition #2 of Planning and Zoning Board recommendation, below). C. Streets. The question of whether a public street connection from the interior of this site to the area adjacent on the northwest was discussed by the staff, Board and applicant. It was generally agreed upon that this would not be necessary because this area still would have sufficient frontage on Drake to obtain two points of access. The staff also noted that proposed street layout would conflict with an already platted local street intersection on the south side of Drake Road. The applicant agreed to revision of proposed street location as suggested by staff (see condition #3 of Planning and Zoning Board recommendation, below). D. Other topics of discussion involved location of the Spring Creek Bikeway through site (although it has since been determined that the bikeways master plan calls for this bikeway to go through Moore Park rather than along the north perimeter of this proposal as was discussed at the meeting); provision of utilities on the site; additional detail needed to be shown on the preliminary plat (see condition V4 below); and phasing of the project (condition #5, below). Planning and Zoning Board Recommendation: Conditional Approval The Planning and Zoning Board voted unanimously in favor of a motion to recommend approval of the plan subject to the following conditions as suggested by the staff and members of the Board: 1. Layout of townhouse area should be revised so that: a) townhouse buildings have 25' separation; b) access drives meet P.U.D. requirements for private streets; 102 September 6, 1977 c) problems of emergency access at two locations be eliminated; d) at least 8' of driveway be provided for garages for adequate backup sight distance; 2. Open space north of New Piercer Canal should be fully improved and landscaped for active recreational use; additional access bridges should be provided and specific emphasis should be given to treatment of ditch banks regarding safety and ditch company access; 3. Relocation of easternmost street intersection with Drake so as not to conflict with the location of Canterbury Street as platted in Kensington South First Filing on the south side of Drake. 4. Other revisions or additional detail including: a) minor redistribution of parking spaces in apartment area so that each lot provides spaces for units in adjacent buildings as per P.U.D. ordinance parking requirements; b) delineation on preliminary plan of areas which qualify as active open space; c) indication of trash pickup facilities; d) submittal of apartment building elevations; e) designation of sidewalk/bikeway along Drake Road; 5. Final plans should not be approved for any units farther than 660 feet from a single point of access. Subsequent Staff Comments: The staff recommendation is for approva.1 of the preliminary plan subject to the conditions of the Planning and Zoning Board's recommendation. The applicant has submitted a revised preliminary plan in response to the Board's recommendations. As of this writing, however, the staff has not had time to determine whether this revised plan adequately responds to these recommendations (particularly concerning separation of townhouse buildings P.U.D. ordinance requirements for private streets and treatment of ditch - banks through the site). We hope to have determined this by the Sept. 6 meeting, however. _-103 September 6, 1977 Mr. Bob Sutter, Architect and Planner for Parkview Estates, spoke to the Planning and Zoning Board recommendations, which have been accomplished with the exception of paragraph "C" regarding streets; and he added that they are willing to cooperate with the City if that need is there. City Attorney March stated the recommendation of the administration is approval of the plan, with a requirement that they have an access way to the other site from this site, with the under- standing that it be reviewed at the time of final approval. Councilman Bowling made a motion, seconded by Councilwoman Gray to approve the preliminary plans for Parkview Estates P.U.D. subject to the conditions as listed by the Planning and Zoning Board and reserving the discussion of the right of way until the final plat. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Landings Subdivision Third Filing Preliminary Plat Approved Following is the City Manager's memorandum and recommendation on this item: "This is a proposal for 35 single-family lots on 21.9 acres located south of Warren Lake. The Third Filing of the Landings Subdivision involves only single family lots and has been under the Subdivision Ordinance. On a 3-2 vote the Planning and Zoning Board approved the Preliminary Plan with the following conditions: 1. That Lemay Avenue be at least minimally improved (e.g. 2 lanes only) in conjunction with this deve- lopment. The 7 year capital street improvement program for 1978 contains $15,000 as a City share for a two-lane street improvement project on Lemay. The remainder of the project cost estimated at $15,000 should be paid by the developer. 2. That a street width variance to 28' be granted only for the north -south street at the west end of the site (extension of Skysail Lane, a 28' street in Landings, Second Filing, adjacent to the northwest) 3. That a final plat of this site specify the following provisions as suggested by the staff: inh September 6,. 1977 a. stabilization of Warren Lake inlet channel banks; b. dedication and improvement of public street across ' Warren Lake inlet channel between the Second and Third Filings; and C. indication of ownership and maintenance of common areas. Recommendation: The Administration recommends approval of the prelim nary plat subject to those conditions cited above. Council discussed, at length, the need to improve Lemay Avenue. Mr. Reid Rosenthal, developer, stated he had talked to Bill Tiley and Bill Day (other developers in the area) and they had agreed that the realignment of Lemay might be more economically feasible at this time rather than doing it as a temporary measure. He also spoke to his request that the 28' street width be granted for the east -west street as well as for the north -south street. Councilman Bowling made a motion, seconded by Councilwoman Gray to approve the Landings Subdivision Third Filing Pre- liminary Plat subject to conditions 2 and 3 above and a study of the realignment of Lemay to incorporate that now as a major arterial. Yeas: Councilmembers Bloom, Bowling, Gray and Suinn. Nays: Councilman Wilkinson. ' THE MOTION CARRIED Mayor Bloom declared a 15 minute recess. Collindale P.U.D., Conceptual Master Plan Approved Following is the City Manager's memorandum and recommendation on this item: "Attached is a detailed report from Planning staff concerning a proposal for 616 dwelling units on 103.1 acres located on West Horsetooth Road, east of Lemay Avenue. This is a multi -phased development and only a conceptual master plan for the development is being submitted at this time for approval by the City. Detailed preliminary plans will be sub- mitted for each phase of the project. At its August 8 meeting, the Planning and Zoning Board dis- cussed the plan at length and a summary of the Board's comments is included in the attached memorandum. Although the Board ' technically denied the proposal as a preliminary plan, it approved the plan as a conceptual master plan. A discussion 105- September 6,. 1977 of what this approval entails is also included in the Planning report. Planning staff concurs with the Planning and Zoning Board recommendation. Recommendation: The Administration recommends approval of the conceptual master plan for Collindale P.U.D. as per the Planning and Zoning Board recommendation." Mr. Bernie Cain, representing the developer, addressed the proposed development. Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve the conceptual master plan for Collindale P.U.D. Yeas: Councilmembers Bloom, Bowling, Gray and Wilkinson. Nays: Councilman Suinn. THE MOTION CARRIED Replat of Tract A of Eastgate Subdivision First Filing Final Plans and Plat Approved (Secretary's Note: This item was listed on the agenda as "Eastgate P.U.D. Final Plans and Plat"). Following is the City Manager's memorandum and recommendation on this item: "Attached is a report from Planning Staff on Eastgate P.U.D. final plat, site and landscape plans. The final plans are based on preliminary plans reviewed by Planning and Zoning and approved by Council on June 21, 1977. It should be noted that this is the first final plan to be reviewed according to the new ordinance which eliminates Planning and Zoning Board review of most final plats and plans. Staff recommends approval. Recommendation: The Administration recommends that Council approve the r1nal plat and plans of Eastgate P.U.D." Planner II Paul Deibel stated the recommendation is for approval conditioned upon a landscape maintenance guarantee. City Attorney March stated further that the utility agreement requires the developer to improve all of Pitkin Street from LaPlata Avenue east to Riverside. 106 1 1 September 6, 1977 Councilman Suinn made a motion, seconded by Councilwoman Gray to approve the replat of Tract A of Eastgate Subdivision ' First Filing subject to the two above conditions. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 1 M & G Subdivision: Final Plat Approved Following is the Planning Staff's memorandum on this item: This is a proposal to create two 66' x 622' subdivided lots for what is presently two unsubdivided tracts. Both tracts are currently developed with single family homes fronting on Taft Hill Road. These tracts are part of a row of several such tracts developed in the County prior to annexation. The purpose of the subdivision is that the applicant wishes to change the status of these parcels from "tracts" to "lots", therefore allowing rearlot development which otherwise could not legally occur. At its August 16, 1977, meeting the City Council tabled this item and instructed the City Administration to explore the feasibility of running a road from the east end of Oak Street north to Laporte Avenue. The major purpose of this road would be to provide emergency access to both the rears of the two lots included in the M & G Subdivision and also to the tracts north of this subdivision were they to subdivide also. The Fire Department has indicated that it can adequately serve development at the rears of these two lots provided that the following are provided: 1. a private access road twenty (20) feet wide, having an all-weather surface and turn -around capacity and; 2. a fire hydrant on Taft Hill Road within 600' of the proposed subdivision. Attached is a letter I sent to property owners who would be immediately affected by a street between Oak and Lemay inquiring about their potential interest in such a road. As of the date of this memo, three of these property owners have contacted the Planning Office. All were in opposition to the road primarily because they 1) view it as being unnecessary and 2) are against the anticipated high volume of traffic from Poudre High School and Ramblewood Apartments which would use this road. Construction of this road should not be considered a City priority, and unless there is strong property owner support, it is questionable if the City should initiate its construction. Concerning the question of fire access, the Fire Department has no problems with this subdivision or subsequent subdivisions for similar lots to the north, provided the above -listed conditions are met. 107 September 6, 1977 Director of Planning Les Kaplan, reported on the response received from property owners and a petition in opposition to having a street run through the rear of their property.' The staff is recommending a condition that there be a 60 easement for a road in the back third of the lot, in addition to the private access road and the placement of a fire hydrant on Taft Hill Road. Mrs. William H. Young spoke to the traffic problems now on LaPorte and if a road were built she would recommend it dead end at the last lot. Councilman Wilkinson made a motion, seconded by Councilwoman Gray to approve the final plat for M & G Subdivision without any requirement for an easement. Yeas: Councilmembers Bowling, Gray and Wilkinson. Nays: Councilmembers Bloom and Suinn. THE MOTION CARRIED Scarpella Subdivision: Final Plat Approved Following is the Planning and Zoning Board memorandum on this item: "Background ' This proposal is to divide a deep tract of land between Prospect and Lake Streets into three lots; two of which will front on Evergreen Drive (extended). Planning and Zoning Board Recommendation: Approval At its August 8 meeting, the Board unanimously voted to recom- mend approval of the proposed plat subject to the following conditions: 1. Lot areas must be shown on each lot; 2. The sanitary sewer is existing from Lake Street to Evergreen Drive through lots 1 and 2. The sewer should be accurately located so that the necessary easements can be shown. The Planning and Zoning Board's conditions for approval have been met by the applicant. The staff recommendation is for approval." Councilwoman Gray made a motion, seconded by Councilman Bowling to approve the final plat of Scarpella Subdivision. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 108 September 6,. 1977 Evergreen Park Residential Subdivision Third Filing: Final Plat ' Following is the Planning and Zoning memorandum on this item: Background This is the final plat based on the preliminary plan approved by the Planning and Zoning Board at the July meeting. The plan is for 10.8 acres recently rezoned from R-L-P, Low Density Planned Residential District, to R-L-M, Low Density Multiple -Family District. Planning and Zoning Board Recommendation: Conditional. Approval At its August 8 meeting the Board voted unanimously to recommend approval subject to the following technical comments: 1. A 45 foot rear yard setback on lots backing onto the Expressway R.O.W. should be required; either through building envelopes or a setback line indicated on the plat. 2. Lot area dimensions and curve description should be shonw on each lot. 3. Location of water lines should be checked with the Water and Sewer Department. 4. Provisions must be made for the seven foot bikeway on the Lemay R.O.W. and its connection with Evergreen Park, Fourth Filing. ' Although at this writing conditions 1 and 2 above have not specifically been indicated on the plat, the staff expects this to be accomplished before the September 6 City Council meeting. The staff recommendation is for approval pending those revisions. Councilman Suinn made a motion, seconded by Councilman Bowling to approve the Third Filing, Final Plat of Evergreen Park Residential Subdivision conditioned upon final approval of the subdivision agreement by the City Attorney's office and the posting of the appropriate bond. Yeas: Councilmembers Bloom, Bowling, Suinn and Wilkinson. Nays: None. (Councilwoman Gray out of the room.) THE MOTION CARRIED Center Point Park Subdivision - Final Plat Approved Following is the City Manager's memorandum on this item: "Attached is a Planning staff report on a proposal for 32 lots on 54.51 acres of land located at the southeast corner of East ' Prospect Street and Timberline Road. 10 9� September 6, 1977 When Planning and Zoning Board reviewed the preliminary plan and final plats of the subdivision on March 7 and April 11, respectively, the Board recommended approval subject to several ' technical conditions. These conditions were met; however, an issue has arisen concerning the utility plans which were recently submitted. This issue involves the provision of side- walks, and is discussed in the attached report. In summary, the applicant does not feel that sidewalks would be necessary on both sides of the streets in the development. Staff, on the other hand, feels that whereas sidewalks on both sides would not be necessary on every street, they should be required along the side of any street with industrial lots on that side of the street (i.e. sidewalk on both sides of the streets with lots on both sides). Justification for this position is included in the Planning memo. .Because the sidewalk question is pending, utility plans have been reviewed but not approved. Once the sidewalk issue is resolved, the utility plans will be approved without additional conditions. Council needs to resolve this issue and instruct the developer regarding the location of sidewalks." Mr. Gary Ross, agent for the developer, stated they had not understood that the recommendation from the Planning staff was that the sidewalk be on the south side of the road. Councilman Suinn made a motion, seconded by Councilman Bowling ' that this item be referred back to the Planning and Zoning Board for discussion of sidewalks, in not only this context but the general context of industrial park development. (This motion was later withdrawn.) Mr. Jim Rhoades, representing Rhoades Realty, spoke to the need to move ahead on this item prior to snowfall. Councilman Suinn made a motion, seconded by Councilman Bowling to approve the Center Point Park Subdivision, Final Plat conditioned upon a requirement that there be sidewalks on all roads on all sides, and refer the question back to the Planning and Zoning Board to consider the sidewalk issue, allowing the change to be made in the subdivision improvement agreement if a change in the requirements are made. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 110 1 September 6, 1977 Wyco P.U.D. - Final Plans Approved Following is the City Manager's memorandum on this item: ' "Attached is a Planning staff report concerning a proposal for 10,000 square feet of buildings intended for heavy commercial and light industrial uses. The final plat and landscape plan are based on the preliminary plan approved by Council on May 4, 1977. This proposal is to be located on Lots 24 - 27 of the Center Point Park Subdivision, the final plat of which is also an item on the September 6 Council agenda. The Planning and Zoning Board unanimously recommended approval of the final plans subject to the approval of Center Point Park Subdivision and several technical revisions of the site and landscape plan. The staff recommends approval subject to the conditions stated in the attached report. The applicant has agreed to these conditions; however, some of the technical revisions have not yet been made because they depend on the final configuration of the utility plans for Center Point Park Subdivision." Councilman Bowling made a motion, seconded by Councilwoman Gray to approve the Wyco P.U.D. Final Plans conditioned upon a requirement that there be sidewalks on all roads on all ' sides, and allowing that a change may be made in the sub- division improvement agreement should a change in the side- walk standards be made; approval of the landscaping agreement and refer the question back to the Planning and Zoning Board to consider the sidewalk issue. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Mission Hills, P.U.D., Final Plans and Plat Approved Following is the City Manager's memorandum on this item: "Attached is a.report from Planning Staff concerning a proposal for 90 multi -family units to be located on the southwest corner of Lemay and Columbia Road. Preliminary plans for this P.U.D. were reviewed by Planning and Zoning Board in April and approved by Council on May 3. 111 1 September 6, 1977 On May 9 the Planning and Zoning Board unanimously recommended approval of the final plan subject to the condition that set- back dimensions be clarified. The applicant has met this ' condition, and staff recommends approval." Councilman Suinn made a motion, seconded by Councilman Bowling to approve the final plans and plat for the Mission Hills, P.U.D., subject to the Landscape Maintenance Guarantee. Yeas: Councilmembers Bowling, Gray and Suinn. Nays: Councilman Bloom. (Councilman Wilkinson out of the room.) THE MOTION CARRIED Other Business Attorney Garth Rogers, requested Council reconsider its decision on the action taken on Ordinance No. 98, 1977 zoning the Timberline-Horsetooth Annexation. The petitioners still requested B-P, Planned Business zoning, for the 36 acre annexation. Council took no further action on this item. Adjournment Mayor Bloom declared the meeting adjourned to 1:30 p.m. on ' September 13, 1977. The meeting adjourned at 11:15 p.m. -112