HomeMy WebLinkAboutMINUTES-06/07/1977-RegularJune 7, 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, June 7, 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, Russell, St. Croix, Suinn, and Wilkinson.
Staff Members Present: Brunton, Deibel, Thexton, Lanspery,
Bingman, Kaplan, and Lewis.
Also: City Attorney Arthur March, Jr.
Mayor Bloom called a five minute recess.
Minutes of the
and the Reg
A
Regular Meeting of May 3, 1977,
lar Meeting of May 17, 1977,
proved as Published
Councilman Russell made a motion, seconded by Councilman Suinn
to approve the minutes of the regular meeting of May 3, 1977,
and May 17, 1977 as published. Yeas: Councilmembers Bloom,
Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson.
Nays: None.
MOTION CARRIED
Ordinance Adopted on Second Reading Amending
the Zoning Ordinance and Defining and
Classifying Restaurants for Zoning Purposes.
Following is the City Manager's memorandum on this item:
"At the May 17, 1977, City Council meeting, Ordinance No. 48,
1977, was passed on first reading. This Ordinance clarifies
the City's zoning regulations concerning restaurants in
general and fast food restaurants in particular. The Ordinance
was initiated in response to the Planning and Zoning Board's
expressed concern regarding the increased number of applications
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for fast food restaurants and the ambiguity of the zoning
ordinance concerning the zoning districts in which fast
food restaurants are or should be permitted.
Therefore, this Ordinance provides for a detailed definition
for drive-in, fast food, and standard restaurants, as well
as clarifies in which zoning districts such restaurants
should be allowed."
Councilman Suinn made a motion, seconded by Councilman
Wilkinson to adopt Ordinance No. 48, 1977 on second reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn, and Wilkinson. Nays: None.
MOTION CARRIED
ORDINANCE NO. 4B :977
BEING AN ORDINANCE AMENDING SECTIONS 118-11,
118-44 A, 118-60 A (2), 118-63 A, 118-70 A
AND 118-81 OF THE CODE OF THE CITY OF
FORT COLLINS BEING SECTIONS OF THE
ZONING ORDINANCE AND DEFINING AND CLASSIFYING
RESTAURANTS FOR ZONING PURPOSES
WHEREAS, the City Council finds and determines that different
types of restaurants have different impacts on surrounding areas; and
WHEREAS, the City Council further finds and determines that
restaurants can best be classified into three distinct types and that
each type should be placed only in zoning districts with which such
type is compatible.
NOW, THEREFORE, 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 adding thereto the
following definitions in appropriate alphabetical order:
"RESTAURANT, DRIVE-IN - Any establishment whose principal
business is the sale of foods, frozen desserts, or
beverages to the customer in a ready -to -consume state,
and whose design, method of operation, or any portion of
whose business includes one or both of the following
characteristics:
A. Foods, frozen desserts, or beverages are served
directly to the customer in a motor vehicle either
by a carhop or by other means which eliminate the
need for the customer to exit the motor vehicle.
B. The consumption of foods, frozen desserts, or beverages
within a motor vehicle parked upon the premises, or
at other facilities on the premises outside the
restaurant building, is allowed, encouraged, or permitted.
Nil:I:11
RESTAURANT, FAST-FOOD - A fast-food restaurant is any
establishment whose principal business is the sale of
foods or beverages to the customer in a ready -to -consume
state for consumption either within the restaurant building
or for carry -out with consumption off the premises, and
whose design or principal method of operation includes both
of the following characteristics:
A. Foods, frozen desserts, or beverages are usually served
in edible containers or in paper, plastic or other
disposable containers.
B. The consumption of foods, frozen desserts, or beverages
within a motor vehicle parked upon the premises, or at
other facilities on the premises outside the restaurant
building, is posted as being prohibited and such pro-
hibition is strictly enforced by the restaurateur.
RESTAURANT, STANDARD - A standard restaurant is any establish-
ment whose principal business is the sale of foods or beverages
to the customer in a ready -to -consume state, and whose design
or principal method of operation includes one or both of the
following characteristics:
A. Customers, normally provided with an individual menu,
are served their foods or beverages by a restaurant
employee at the same table or counter at which said items
are consumed..
B. A cafeteria -type operation where foods, frozen desserts,
or beverages are consumed within the restaurant building."
Section 2. That Section 118-44 A of the Code of the City of Fort
Collins be and the same hereby is, amended by deleting the current sub-
section (10) therefrom, which subsection designates an indoor restaurant
as a permitted use, and substituting therefor the following:
"(10) Standard restaurant."
Section 3. That Section 118-44 G of the Code of the City of Fort
Collins be and the same hereby is, amended by deleting therefrom the
phrase, "for each indoor restaurant", and substituting therefor the
phrase, "for each standard restaurant"..
Section 4. That Section 118-60 A (2) of the Code of the City of
Fort Collins be and the same hereby is, amended by adding an additional
subsection (w) to read as follows:
"(w) Standard, fast-food and drive-in restaurants."
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Section 5. That Section 118-61 A of the Code of the City of Fort
Collins be and the same hereby is, amended by deleting the current sub-
section (2) therefrom, which subsection designates an indoor restaurant
as a permitted use, and substituting therefor, the following:
11(2) Standard and fast-food restaurants."
Section 6. That Section 118-63 A of the Code of the City of Fort
Collins be and the same hereby is, amended by deleting therefrom the
current subsection (15), said subsection designating restaurants, bars
and other eating and drinking places as a permitted use, and substituting
therefor the following:
"(15) Standard restaurants; bars."
Section 7.. That Section 118-70 A of the Code of the City of Fort
Collins be and the same hereby is, amended by deleting therefrom the
current subsection (22), said subsection designating restaurants, bars
and other eating and drinking places as a permitted use, and substituting
therefor the following:
"(22) Standard, fast-food and drive-in restaurants; bars."
Section 8. That Section 118-71 A of the Code of the City of Fort
Collins be and the same hereby is, amended by deleting the current sub-
section (8) therefrom and adding thereto the following:
"(8) Standard and fast-food restaurants.
(9) Accessory buildings and uses, including related retail
sales uses, when incidental and subordinate to any use
permitted in this district."
Section 9. That Section 118-73 A of the Code of the City of. Fort
Collins be and the same hereby is, amended by adding thereto an .additional
subsection (8). to read as follows:
"(8) Standard and fast-food restaurants."
Introduced, considered favorably on first reading, and ordered
published this 17th day of xay , A.D. 1977' and to be
presented for final pAaeaae on the 7th d of a .A.D. 1977.
MAY
ATTEST:
ty er
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r
Passed and adopted on final
A.D. 1977.
reading this: 7th _: day of june
ATTEST-
CIty ;
Clerk.
First Reading: May 17, 1977 (Vote: Yeas: 7 Nays: 0)
Second Reading: June 7, 1977 (Vote: Yeas: 7 Nays: 0)
Dates Published: May 22, 1977 and June 12, 1977
---- Attest
Ordinance Adopted on Second Reading Amending
the Building Contractor's Licensing Board
_ Ordinance
Following is the City Manager's memorandum on this item:
"Ordinance No. 56,. 1977, was adopted on first reading at
the May 17, 1977, City Council meeting.
This Ordinance deletes provisions for the Ordinance con-
cerning the Building Contractor's Licensing Board which
pertain to matters normally covered by Bylaws of the Board.
The minor procedural matters should be left to the Board's
discretion subject to Council review. The Board has
approved this change in the Ordinance."
Councilman Wilkinson made a motion, seconded by Councilman
Bowling to adopt Ordinance No. 56, 1977, on second reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix, Suinn, and Wilkinson. Nays: None.
MOTION CARRIED
ORDINANCE NO. 56, 1977
BEING AN ORDINANCE AMENDING CHAPTER 73
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO THE BUILDING AND CONTRACTOR'S
LICENSING BOARD AND THE ISSUANCE OF
CONTRACTORS' LICENSES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Section 73-119 of the Code of the City of Fort Collins
be, and the same hereby is, amended by deleting therefrom Subsection C
and relettering Subsections D and E in appropriate alphabetic order.
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Section 2. That Section 73-121 of the Code of the City of Fort Collins
be, and the same hereby is, amended to read as follows:
"73-121. Issuance of licenses.
A. The determination of eligibility for licenses, all
hearings for suspension or revocation of licenses or
other matters pertaining thereto shall be by the
Building Contractor's Licensing Board. Applications
for contractor's licenses shall be on such forms and
shall furnish such information as the Board may describe,
and shall be accompanied by an examination fee of ten
dollars ($10.00). If, in the opinion of a majority of
the Board the applicant is qualified by training and/or
experience to fulfill the obligations of a contractor,
it shall direct the Chief Building Inspector to schedule
-the applicant for the next examination for a license.
If the Board determines that the applicant is not so
qualified, the examination fee of ten dollars ($10.00)
shall be refunded to the applicant by the Finance
Department. If the applicant passes such examination,
the Chief Building Inspector shall direct the Director
of Finance to issue the appropriate license upon payment
of the annual license fee herein prescribed.
B. Any person who fails to pass any examination for a license
hereunder shall be entitled to take another examination,
provided that such person shall be required to wait a
period of time, not to exceed six (6) months, specified
by the Board in its rules and regulations, and provided
further that such person shall pay prior to the examination,
an examination fee of ten dollars ($$10.00) for each
examination taken.
Introduced, considered favorably on first reading and ordered
published this 17th day, of. May, A.D. 1977, and to be presented for
final passage on the 7th day. ofJime. A.D. 1977.
ATTEST:
r
Ci y R
V
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a
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1977. Passed and adopted on final reading this 7th day ofrune, A.D.
Mayor
ATTEST:
ty Clerk
First Reading: May 17, 1977
Second Reading: June 7, 1977
Dates Published: May 22, 1977
Attest:
City Clerk
(Vote: 7 Nays; 0)
(Vote: 7 Nays: 0)
and June 12, 1977
Ordinance Adopted on First Reading Relating
to the Insulation Requirements to the Uniform
Building Code
Following is the City Manager's memorandum on this item:
"The City Council has had several discussions on the pro-
posed Insulation Code. This Ordinance has been reviewed
by staff and various boards and commissions. It appears
to be in final form and acceptable to the various groups."
Councilwoman Gray made a motion, seconded by Councilman
Wilkinson to adopt Ordinance No. 59, 1977, on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix, Suinn, and Wilkinson. Nays: None.
MOTION CARRIED
Ordinance Adopted on First Reading Designating
the Myron H. Akins Building as an Historic
Landmark
Following is the City Manager's memorandum on this item:
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"The Cultural Resources Board has recommended that the
Myron H. Akins Building located at 128-132 LaPorte Avenue
be designated as an historic landmark. The president of
the Grand American Fare has signed the consent to designate
this property as an historic landmark."
Councilman Bowling made a motion, seconded by Councilman
Suinn to adopt Ordinance No. 60, 1977, on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, and
Suinn. Nays: Councilmembers Russell and Wilkinson.
MOTION CARRIED
Ordinance Adopted as Amended on First Reading
Relating to Zoning and Landscape Requirements
in the R-H, High Density Residential, B-L,
Limited Business, and H-B, Highway Business
Zoning Districts
Following is the City Manager's memorandum on this item:
"At its May 17, 1977, meeting the City Council reviewed
a request for clarification of intent concerning Ordinance
No. 18, 1977. The only change that the City Council wanted
to include concerned the Administration's authority to
review and approve the landscaping plans. Ordinance No. 61,
1977, provides for administration approval of plans within
five days after the plan is submitted. It also provides
for appeals to the Planning and Zoning Board and to the
City Council."
City Attorney March reported the staff had met prior to the
Council meeting and they recommend that the Ordinance be
amended by changing the five day landscape approval require-
ment to fourteen days.
Councilman Bowling made a motion, seconded by Councilman
Wilkinson to amend the Ordinance by changing the five day
requirement to fourteen days on pages 1 and 2 of the Ordinance.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None. MOTION CARRIED
Councilman Wilkinson made a motion, seconded by Councilman
Russell to adopt Ordinance No. 61, 1977, on first reading as
amended. Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix, Suinn, and Wilkinson. Nays: None. MOTION CARRIED
Ordinance Adopted on First Reading Relating
to Fees to be Charged in Connection with
Improvement Districts
Following is the City Manager's memorandum on this item:
j
"The present ordinance provides for a 7% maximum fee to be
charged for engineering in connection with the special improve-
ment district. This amount was adequate providing City
forces were doing the engineering work. However, because
of the work load and the urgency of some of the property
owners, we will have to go out and retain private engineering
consultants to do the work. We are receiving estimates
on the cost of various projects from 10 to 15'/ fees. This
ordinance provides for increasing the cost of engineering
not to exceed 15%. The fees for legal and publication, cost
of interest during construction, and cost of collection
remain the same. It is not mandatory nor do we charge the
maximum amounts. This is especially important in connection
with the Mason Street Improvement District."
Councilwoman Gray made a motion, seconded by Councilman
Bowling to adopt Ordinance No. 62, 1977, on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn, and Wilkinson. Nays: None.
MOTION CARRIED
Ordinance Adopted on First Reading Regarding
House Number Painting Permits
Following is the City Manager's memorandum on this item:
"At its May 17, 1977, meeting the City Council reviewed a
permit to paint house numbers on city curbs.. Several years
ago the Council elected to have these curb permits approved
by them due to several conflicting requests. This need
is no longer present. Therefore, the Council requested that
the City Attorney prepare an amendment to the ordinance to
permit the Administration to issue the curb permits subject
to the petitioner's ability to appeal to Council if the
permit is denied."
Councilman Bowling made a motion, seconded by Councilman
Wilkinson to adopt Ordinance No. 63, 1977, on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn, and Wilkinson. Nays: None. MOTION CARRIED
Ordinance Adopted on First Reading Relating
to Water Meters
Following is the City Manager's memorandum on this item:
"At its May 13, 1977, meeting the Fort Collins Water Board
discussed the entire issue of water meters. Although they
do not feel that there should be a requirement for water
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meters at this time, it was the consensus that all new
connections should have a service line, and meter box
and meter yoke in the service line regardless of whether
the particular service requires a water meter. The
cost of providing this type of connection is considerably
less at this time than if it had to be installed later. At
some stage in the future the City will have to address the
entire water meter issue."
Councilman Wilkinson requested
Sewer Department on starting a
ation for sections of the City
that a report would be made.
a report from the Water and
program of meter box install -
City Manager Brunton stated
Councilman Bowling made a motion, seconded by Councilman
Suinn to adopt Ordinance No. 64, 1977, on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix, Suinn and Wilkinson. Nays: None.
MOTION CARRIED
Ordinance Adopted on First Reading Relating
to Water and Sewer Repay Agreements
Following is the City Manager's memorandum on this item:
"A more consistent policy is necessary with regard to repay
agreements for developers who extend water and sewer lines
across or past another person's property. The City does not
guarantee that the developer extending utility service will
ever be repaid. We do, however, guarantee that, if anyone
else connects onto the service, the installing developer
receives a prorated share of the cost of the improvements.
The proposed Ordinance will retain the same provisions
regarding repay agreements as in the present ordinance, but
add a provision allowing recovery of a factor to recognize
the effects of inflation. The Administration contemplates
that the actual factor will be established by rules and
regulations to be adopted by the water utility."
Councilman Wilkinson made a motion, seconded by Councilman
Bowling to adopt Ordinance No. 65, 1977, on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
MOTION CARRIED
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Ordinance Adopted on First Reading Relating
to Plant Investment Fees and Tap Charges in
the Water Utility
Following is the City Manager's memorandum on this item:
"At the May 13, 1977, Water Board meeting, the Board discussed
the status of the plant investment fees. Chapter 9 of
the Water Utility Rate Study reviewed in considerable detail
the need for a 50% increase in the water investment fee.
(See attachment.) This will place the City's rapid growth
on a very nearly self-sustaining basis with an estimated
$8,000,000 in projected income over the next 5-2 years to
cover an estimated $10,758,000 in capital expenditure related
to growth.
This proposed increase has been reviewed with representatives
of the developers and received their concurrence. The
Water Board, at their regular May meeting, following a thorough
review recommended the increase to the Council.
This increase, when compared with the surrounding cities
and districts and the larger cities in the state, will change
the Fort Collins' fee from just below average to just above
average. A number of intermediate -sized cities near Denver
have higher fees."
Councilwoman Gray made a motion, seconded by Councilman
St. Croix to adopt Ordinance No. 66, 1977 on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
MOTION CARRIED
Ordinance Adopted on First Reading Relating
to Construction Rates for Water and Sanitary
Sewer Service
Following is the City Manager's memorandum on this item:
"In February; 1973, by Resolution 73-9 the City Council
initiated a policy whereby "the minimum charge established
in the rate structure for the utility shall be imposed from
the date of granting of any tap regardless of the time of
connection to the utility by the customer." This charge
applied to both the water service and the sewer service.
The intent of the Resolution was to discourage the whole-
sale purchase of taps prior to an increase in the utility
investment fee. The payment of these fees is now timed
to the taking of a Building Permit and taps are purchased
individually.
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The Ordinance will cause the developer to pay half the
applicable monthly water rate and no monthly sewer rate
prior to the issuance of an occupancy permit by the Building
Inspection Division. This action will make billing more
equitable, and it is recommended by the utility staff."
Councilman Wilkinson made a motion, seconded by Council-
woman Gray to adopt Ordinance No. 67, 1977 on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix, Suinn, and Wilkinson. Nays: None.
MOTION CARRIED
Ordinance Adopted on First Reading Relating
to Rates for Water Service
Following is the City Manager's memorandum on this item:
"The water rates were last increased in 1973 and 1974.
At that time the Council was informed that an additional
increase of approximately 50% would have to take place
in 1977 or 1978. The primary cause for the present or
proposed increase is due to the Joe Wright Reservoir and
other necessary capital projects. The entire matter of
water requirements and water rate increases was discussed
at the May 24th City Council work session. The staff
proposal was based on providing a 6-month unappropriated
fund balance. This plus all the other operating and
capital requirements require an approximate 30% rate
increase. The City Council asked that the reserve be
reduced to a three-month unappropriated fund balance in
the water utility. We could get by with a 25% increase
with this reduced reserve. The Water Board feels that
the six-month reserve is better. This is also the
feeling of staff with regard to meeting our short and
long-term requirements; however, the ordinance and the
six -year projected budget are based on the three-month
reserve with a 25% increase."
Councilman Wilkinson made a motion, seconded by Council-
woman Gray to adopt Ordinance No. 68, 1977 on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix, Suinn, and Wilkinson. Nays: None.
MOTION CARRIED
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Bid on Lincoln Community Center Awarded
Following is the City Manager's memorandum and recommendation
on this item:
"Council has recognized for some time now that our parking
facility plans at the Lincoln Community Center will not
meet zoning ordinance requirements. Since we will begin
construction of the facility in the near future, a parking
waiver for the facility is in order. Although the on -site
parking facilities are not at acceptable levels, the just-
ification for the waiver can be accommodated by the following
criteria:
The indoor swimming pool lot will be available with
activities coordinated between both facilities to
insure maximum use of all spaces available.
We have unofficial approval to utilize some of our
local bank parking facilities when events are
scheduled.
3. Our master agreement with Poudre R-1 on the use of the
old Lincoln School property does not allow us to expand
above any existing or planned paved areas for parking.
Recommendation: The Administration recommends that Council
determine that additional parking facilities for the pro-
posed Lincoln Community Center will not be required at this
time. The Administration further recommends that Council
instruct the staff to continue to monitor the area around
the Community Center with a view to acquiring land for
additional parking if some such land becomes available at
a reasonable price."
Councilwoman Gray requested that the Administration
immediately pursue obtaining official approval to utilize
some of the local bank parking facilities when events
are scheduled. Councilman Bowling made a motion, seconded
by Councilwoman Gray to adopt the recommendation of the
Administration. Yeas: Councilmembers Bloom, Bowling,
Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Council-
man Russell out of room.)
MOTION CARRIED
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City Manager Brunton then presented the following four
page memorandum:
Background
On June 2, 1977, we opened bids on the construction of the Lincoln Community
Center building. Copies of the initial tabulation were submitted with the
original June 7, 1977, agenda.
The original bid package consisted of a base bid and six add alternatives and
one deduct alternative. There were also six unit price bids for extra work.
Also, five bid packages were bid separately. There were twelve general -Oon-
tractors that bid on the construction package and one to four bidders on the
separate contracts. See Exhibits A and B.
The alternate bids consisted of the following:
1. Stage Lift
2. Concrete Floor - Art Gallery
3. HVAC and Electrical - Art Gallery
4. HVAC, Electrical, and Fire Sprinkler - Multi -Purpose Room
5. Precast Public Corridor
A. Masonry Public Corridor
6. Masonry Walls
7. 2' x 2' Exposed Grid Accoustical Ceiling
The separate bid package consisted of the following:
1. Carpeting
2. Seating
3. Sound System
4. Stage Specialties
5. Stage Lighting
1
The ranking of the five low bidders or base bid and total bid included alternates
1, 2, 3, 4, 5A, and 6. These are summarized in Exhibit C. (It should be noted
that alternates 1 and 6 were excluded from all of the architects, construction
estimates.)
On the basis of the base bid, the listing of the five low bidders is as follows:
Koch Construction, Inc.
Construction, Inc.
Reid Burton Construction, Inc.
Western Empire Constructors, Inc
Casson Construction Company, Inc
$1,486,438
1,496,755
1,499,000
1,502,000
1,497,850
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When the desired alternates are added, the ranking is as follows:
Construction, Inc. $1,685,666
Koch Construction, Inc. 1,810,624
Western Empire Constructors, Inc. 1,825,900
Reid Burton Construction, Inc. 1,827,200.
Casson Construction Company, Inc. 1,836,550
See Exhibit C for further information.
After their bid was opened, Construction, Inc., claimed that alternate 6 was
misinterpreted and there was a mistake. They indicated their bid on this item
should have been $130,955 instead of the $27,335 bid they submitted. After
discussing this item with staff including our City Attorney, it is recommended
that the bid of Construction, Inc., be accepted as submitted, or that they
be allowed to withdraw their bid. Since they will probably withdraw their bid,
Koch would be low bidder on both the base bid and the total bid with the desired
alternates. See Exhibit D.
Recommendation
1. Subsequent to the withdrawal of the Construction, Inc., bid, that the award
for the base bid and alternatives 1, 2, 3,'4, 5A, and 6 be given to Koch
Construction, Inc., of Longmont, Colorado, for 11,810,624. See Exhibit A
and C.
2. That the award for carpeting including base bid and alternates 2 and 38'be
given to Business Interiors of Denver, Colorado, for $32,762.85. See
Exhibit B.
3. That the seating contract be awarded to American Seating of Grand Rapids,
Michigan, for $62,170. See Exhibit B.
4. That the contract for the sound system be awarded to Denver Sound Specialists,
a division of Boulder Fire Control Products, Inc., Denver, Colorado, for
$31,700. See Exhibit B.
5. That the award for stage specialties be given to Stage Engineering and Supply,
Inc., Colorado Springs, Colorado, for $73,500. This award should be made
contingent upon review and approval from our theatre consultants, Jaffe
Accoustics. It should also be noted that we have rejected the low bidder
on this item based upon recommendations received on their past performance.
See Bahibit S.
6. That the one bid received for stage lighting be
materials were bid on this item. It would be in
the City.if the stage lighting package was rebid
rejected since only
the best interest of
See Exhibit B.
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Should Council approve these bid proposals, the Lincoln Communi.V Center
project budget would be as follows:
New Construction
Remodel
Construction Total
Construction Contingency
Design Fees
Equipment
Furnishing
Demolition
Survey 8 Test Service
Total
Financing
December 1, 1976 June 7, 1977
$1,618,650
$1,687,557
218,000
218,000
$1,836,650
$1,905,557
65,000
45,899
194,600
200,800
235,000
235,000
20,000
20,000
23,750
23,750
25,000
25,000
$2,400,000 $2,456,.006
During this week we also met with Dr. Karl Carson to discuss private donations
for the Lincoln Community Center. The special citizen committee has done an amaz-
ing job in raising revenue for the project. Listed below is a current report on
the revenue situation:
Special Gifts * $ 77,600
Seats 16,700
$500 Club 9,900
$1000 Club 96,000
Honor Roll 806
Hydraulic Lift 55,000
Sub -Total . $ 256,006
Approved City Allocation 2,200,000
Total Budget $2,456,006
* Special gifts are anything over $1,006.
Additional Needs
Since our contingency account has been reduced and should be restored to 5%
of construction costs, and there are additional facility needs such as outside
lighting, furnishings, and landscaping, it would be of great benefit to the
project if an additional $75,000-100,000 could be raised from the community.
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This in effect would put many of the finishing touches on the facility and
provide many ammenities toward a first class facility. It should also be
noted that our project cash flow will require scheduling around the donation
scheduled as outlined in Exhibit E.
Although the alternate bid on the hydraulic lift was submitted at $44,000 by
the apparent low bidder, the additional work in the base bid for this project
will more than add up to the $55,000 contribution. Also, no revenue is shown
for the catering kitchen. The committee has committed $10,000-15,000 for this
project. The roughing in of this area is included in the base bid. We believe
the equipment could better be obtained and installed under a separate contract..
Councilman Wilkinson stated that he could not.vote for
Koch Construction Company after their extremely poor per-
formance on the City's Service Center. Councilman Bowling
spoke in opposition to the request that the Lincoln Community
Center Support Group raise additional funds.
Councilman Bowling made a motion, seconded by Councilman
Wilkinson to award the bid to Reid Burton Construction, Inc.
(This motion was later withdrawn.)
City Attorney March stated that the Charter required that
Council award the bid to the lowest responsible bidder.
Councilwoman Gray spoke against the pending motion stating
that the bidding procedures should be adhered to. Council-
man Russell concurred in the comments of Councilwoman Gray
and added that he was in favor of the low bid. Councilman
St. Croix concurred with the bidding process and stated that
he would have to go with the low bid. Councilman Suinn
stated that he was inclined to "be supportive of the concern
based upon past performance".
Councilman Bowling withdrew his motion with the consent of
Councilman Wilkinson at this time.
Councilwoman Gray made a motion, seconded by Councilman
Russell to award the bid to Koch Construction, Inc., of
Longmont, Colorado for $1,810,624.00. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix. Nays: Council -
members Suinn and Wilkinson. MOTION CARRIED
Councilman Bowling made a motion, seconded by Councilwoman
Gray to adopt the recommendation of the Administration on
Items 2, 3, 4, 5, and 6. Yeas: Councilmembers Bloom, Bowling,
Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None.
MOTION CARRIED
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"2. That the award for carpeting including base bid and
alternates 2 and 3B be given to Business Interiors
of Denver, Colorado, for $32,762.85. See Exhibit B.
3. That the seating contract be awarded to American Seating
of Grand Rapids, Michigan, for $62,170. See Exhibit B.
4. That the contract for the sound system be awarded to
Denver Sound Specialists, a division of Boulder Fire
Control Products, Inc., Denver, Colorado, for $31,700.
See Exhibit B.
5. That the award for stage specialties be given to Stage
Engineering and Supply, Inc., Colorado Springs,
Colorado, for $73,500. This award should be made con-
tingent upon review and approval from our theatre con-
sultants, Jaffe Acoustics. It should also be noted
that we have rejected the low bidder on this item based
upon recommendations on their past performance. See
Exhibit B.
6. That the one bid received for stage lighting be rejected
since only materials were bid on this item. It would
be in the best interest of the City if the stage lighting
package was rebid. See Exhibit B."
Mayor Bloom declared the meeting recessed until 7:30 P.M.
for the Dinner break.
Citizen Participation
1) Mr. Gary DiGiorgio, Western Centennial Construction
Company, which is the Arthur Treacher's franchise in
this area, inquired into the finding made in which it
had been determined that they (Arthur Treacher's) were
not acceptable as an indoor restaurant in an R-H zone.
He also inquired into the allowance for a patio and
the drive-in allowance.
Mayor Bloom recommended that Mr. DiGiorgio schedule
a meeting with the staff and have them look into his
inquiry. City Manager Brunton concurred with this
recommendation.
Report from City Manager
a) City Manager Brunton reported that the.Finance Depart-
ment is going to start bidding for the bank depository
system.
1
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b) The Finance Department is working on the combined
utility billing. If the package is purchased, it will
go into effect on July 31, 1978; if the system is done
in house, it will go into effect on December 31, 1978.
c) City Manager Brunton reported that he had received a
memorandum from HUD on the financial reporting on the
Housing Authority Program. Their memorandum was a
favorable report on the accounting and reporting pro-
cedures.
d)
The City Manager reported that the Alministration has
entered into three contracts with CH M Hill to do
engineering work on the following:
1. Engineering work at Water Treatment Plant #2
Final design and specifications to convert the
sodium fluoride system;
2. Final design and specifications for modifications
to the existing chlorine system;
3. To install a records system.
e)
A complimentary letter of Jim Wood has been received
from HUD in regard to the Community Development Block
Grant Program.
f)
Michael Wade Powers has been named Personnel Director.
He will be on board on August 1, 1977.
g)
Henry H. Harmon has been named as the City's internal
auditor. He will be on board after July 1, 1977.
h)
Glenn Smith, Chief Accountant has resigned and has
accepted a position as Finance Director for the City
of Cortez, Colorado.
Report from City Council Members
a) Councilman Russell reported on the PRPA work session.
b) Councilwoman Gray reported that the Colorado Municipal
League Policy Committee will be meeting on June 10,
1977, to consider the Resolutions to be presented at
the June meeting.
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c) Councilman Bowling reported that the COG is making
a change in the format to the Air Quality Control
Board.
Councilman Bowling made a motion, seconded by Councilwoman
Gray to have the Council appoint Councilman St. Croix as
the representative of the City of Fort Collins on the Air
Quality Control Board. Yeas: Councilmembers Bloom, Bowling,
Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None.
MOTION CARRIED
Additional Funding for Cultural Affairs
Department Approved
Following is the City Manager's memorandum and.recommendation
on this item:
"The attached budget revisions detail the need for additional
funding to the Cultural Affairs Department for 1977, The
adopted 1977 department budget is $45,597. In order to
carry out department activities with the Pioneer Museum opening
August 1, 1977, and the Ludlow Room at the Lincoln Community
Center opening July 15, 1977, an additional $36,246 is needed.
It is also projected that an additional $13,239 in revenue
will be generated by the Department above its adopted revenue
estimate of $7,555. The net increase in funding for the
department therefore is $23,007 for fiscal year 1977.
The above increase does not include the possible need for
additional custodial requirements for both facilities which
may have to be addressed in the fourth quarter of 1977.
Recommendation: The Administration recommends that the Council
authorize t e expenditure of the additional funds indicated
for the Cultural Affairs Department in 1977. This will
create an overrun in that department's budget which will
require either a supplemental appropriation or a transfer
from other portions of the budget in which a surplus exists.
The funds are available in the contingency account. Formal
action to accomplish the transfer by Resolution will be
presented to the Council for approval at a later date if this
recommendation is approved."
Councilman Bowling made a motion, seconded by Councilwoman
Gray to adopt the recommendation of the Administration. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn, and Wilkinson. Nays: None.
MOTION CARRIED
-206-
Out of City Utility Tap Approved
Following is the City Manager's memorandum on this item:
"Mrs. Gertrude Giese has requested sanitary sewer service
for her property at 1030 West Vine Drive. This land is
currently served with City water, and the property is con-
tiguous to the city limits. At the May 13, 1977, meeting
of the Water Board, they recommended that this request be
granted subject to the filing of a petition for annexation
of the land to the city."
Councilman Bowling made a motion, seconded by Councilman
Wilkinson to approve the out of city utility tap. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn, and Wilkinson. Nays: None.
MOTION CARRIED
Bid Awarded on Brick Paving
Following is the City Manager's memorandum and recommendation
on this item:
"On Tuesday, May 31st, 1977, the City received the bids on
the brick paving in connection with the Downtown Redevelop-
ment Project. The base bid was for a bituminous base and
the alternate was on a masonry base. Listed below is a
tabulation of the bids that were received.
Bidder Base Bid Alternate Bid
Ace Tile and Terrazzo $ 99,247 $ 90,872
Hastings Paving $115,000 $170,000
The engineering estimate on this part of the project was
$115,000. The large discrepancy between the bids is due
primarily to the different methods that each firm employs
for the base work. The budgeted amount is $115,000.
Recommendation: The Administration recommends that the City
Council awar the bid to the Ace Tile and Terrazo on the
alternate bid for $90,872."
Councilwoman Gray made a motion, seconded by Councilman
Bowling to adopt the recommendation of the Administration.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix, Suinn, and Wilkinson. Nays: None.
MOTION CARRIED
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Financial Consultant Continuing Agreement
Following is the City Manager's memorandum and recommendation
on this item:
"Attached is a proposal from Boettcher and Company to act as
the financial consultant for the City of Fort Collins for a
period of two years, unless extended by mutual agreement.
This proposal was discussed at the May 24th work session
and at the June 1st Finance Committee meeting.
This proposal does not provide for the method of issue for
any bond sale that the City may approve. The Finance Committee
discussed three alternative methods which would be decided.
upon at the time of sale.
1. The Financial Consultant would not be allowed
to participate in the underwriting.
2. The Financial Consultant would be required to
share the underwriting with one or more participating
underwriters.
3. The Financial Consultant would be allowed to under-
write 100% of the issue.
These alternatives, as well as the decision to issue through
bidding or a negotiated sale, may be dependent upon factors
concerning each specific sale.
Recommendation: The Administration recommends that City Council
accept the proposal from Boettcher and Company as submitted
providing financial consulting services to the City of Fort
Collins for a period of two years beginning June 71 1977,
and authorize the City Manager and City Clerk to execute
said proposal."
Councilman St Croix stated, "I have a problem with this..
cause I feel if they are allowed to be the financial con-
sultant on one hand, and on the other hand to issue bonds,
they are serving two masters and I think its very important
that we have a totally independent and objective consultant
in this matter. It seems to me that we have a conflict of
interest."
Mr. Dunn Krahlof Boettcher and Company responded to Council-
man St. Croix's concerns and elaborated on the contract and
how it was devised.
Councilman Bowling made a motion, seconded by Councilwoman
Gray to adopt the recommendation of the Administration. Yeas:
Councilmembers Bloom, Bowling, Gray, Suinn, and Wilkinson.
Nays: Councilman St. Croix. (Councilman Russell out of room)
MOTION CARRIED
OHM
Contract for Engineering
Services With Regard to Digested Sludge
Disposal Approved
Following is the City Manager's memorandum on this item:
"Enclosed is a memorandum from Roger E. Krempel, Water
Utilities Director, with regard to the disposal of digested
sludge at Wastewater Treatment Plant No. 2. From a cost-
effective standpoint this is an extremely important study.
The Environmental Protection Agency would provide 75% of
the cost of the engineering study. Black and Veatch have
done all of the engineering work on our Wastewater Treat-
ment Plants. The proposed cost of this work is $25,000,
of which $10,000 would go to Woodward -Clyde Consultants
for soils and environmental studies. It is estimated that
the additional sludge work would cost in the neighborhood
of $200,000 to $300,000. This construction work would also
be eligible for at least 75% Federal match.
Recommendation: The Administration recommends that the City
Council approve the contract for engineering services with
Black and Veatch as per their proposed contract."
Councilman Wilkinson made a motion, seconded by Councilwoman
Gray to approve the contract for engineering services with
Black and Veatch and authorize the City Manager and City
Clerk to execute the agreement on behalf of the City. Yeas:
Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn, and
Wilkinson. Nays: None (Councilman Russell out of room)
MOTION CARRIED
Report on Colorado Water Quality
Control Commission Action on Poudre
River Classification
Following is the City Manager's memorandum on this item:
"We are becoming concerned about the inaction of the Colorado
Water Quality Control Commission on our "C" Classification
request of the lower Poudre River. The July 1, 1977, dead-
line for compliance to the presently unreasonable permit
conditions is too close to be complacent. We feel that the
evidence and the facts overwhelmingly substantiated our
request. The hearing officer's findings were favorable to
the River reclassification.
-209-
At the last Commission meeting this matter was tabled until
the June 7 meeting. Ward Fischer, Chairman of the Water
Board, Roger Krempel, Water Utility Director, and Chuck Liquin,
Senior Water Engineer, will be at that meeting. If the
Commission grants us the "C" classification, we will not have
to proceed any further with this matter. If, however, they
either deny our request or table the matter, we will have
to decide our next course of action.
Staff will have a report ready for the Council after the
June 7 meeting of the Commission. Staff met on June 1, 1977,
to discuss an alternate course of action, and we will have
additional material on the subject at the meeting."
Water Board Chairman Ward Fischer appeared to advise Council
of the repeated attempts to obtain a Class "C" exception
for the classification of the lower Poudre River. Mr. Fischer
stated that the Commission had not granted the exception
because the City had only received a vote of 5 to 4 in favor
of granting it. The Assistant Attorney General had ruled
that a majority vote of the whole commission was necessary
before an exception could be granted. Mr. Fischer's recom-
mendation, as special Counsel and the recommendation of
the City Attorney and the Administration was that the Fort
Collins City Council instruct the City Attorney and himself,
as special Counsel, to take whatever legal action might be
deemed necessary depending upon what happens on the revote, 41
in order to avoid the special process.
Councilman Wilkinson made a motion, seconded by Councilman
Bowling to instruct the City Attorney and Special Counsel
to take whatever legal steps are necessary to protect the
City in this matter. Yeas: Councilmembers Bloom, Bowling,
Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Council-
man Russell out of room) MOTION CARRIED
1041 Land Use Supplemental Planning With
the State of Colorado Approved
Following is the City Manager's memorandum on this item:
"Late in 1976 the City of Fort Collins and Larimer County
jointly made application for a 1041 Planning Grant to study
urban services areas. Subsequently, the City was informed
that they were to be awarded $18,000 to be matched by a
similar amount from the City and County (soft -match) or in -
kind contribution. In the spring of this year, the City
Council and Larimer County Commissioners met to discuss
this grant and decided on the type of organization to be
used in making this study.
-210-
It is imperative that we approve this contract to avoid
1 standing in jeopardy of losing this grant. The State has sub-
sequently increased the grant amount to $20,000. Besides
the contract, enclosed is a list of the supporting data in
connection with the report. The contract does not bind the
City and/or the County to do this work by the addition of
a staff member, or by contract with the use of a consultant.
This matter can be decided at a subsequent date."
City Manager Brunton requested that the titles of the City
Manager and County Administrator be inserted in the contract
Councilwoman Gray made a motion, seconded by Councilman Suinn
to approve the contract for the urban service area study
and authorize the Mayor and City Clerk to sign on behalf of
the City. Yeas: Councilmembers Bloom, Bowling, Gray,
St. Croix, Suinn, and Wilkinson. Nays: None. (Councilman
Russell out of room)
MOTION CARRIED
Kruchten and Associates Retained to
Provide the Audit for Year Ending
December 31, 1977
Following is the City Manager's memorandum on this item:
"Enclosed is the proposal from Krutchen and Associates to
provide the audit and examination of financial statements
of the City of Fort Collins for the year ending December 31,
1977. Kruchten and Associates have provided the audit services
to the City for the past four years. The cost of the audit
for the last four years is as follows:
1973 - $22,750
1974 = $20,000
1975 - $23,000
1976 - $26,000
In 1976 we compared the audit costs of comparable Colorado
cities. On a cost per million dollars of budget, we have
a very favorable price. The proposal for the 1977 audit
is $25,000. When you consider inflation, the actual reduction
is more than $1,000. This reduction is due to the fact that
we have better financial reporting. It also is assuming that
we will have our Internal Auditor on board on or about July 1,
1977. About 30% of our audit cost is for our Light and Power
Department.
The selection of an auditor is one of the most important jobs
of the City Council. It is the auditor's responsibility to
examine the financial transactions of the entire Administration."
-211-
Councilman Wilkinson made a motion, seconded by Councilman
Suinn to retain Kruchten and Associates to provide the audit
for year ending December 31, 1977 and authorize the City
Manager to execute the contract. Yeas: Councilmembers
Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays:
None. (Councilman Russell out of room)
MOTION CARRIED
Proposed Policy Guidelines for 1400
Block of South College Avenue Discussed
Following is the memorandum from Les Kaplan, Planning Director
on this item:
Background
In January, 1977, the City Council instructed the City Administration to
prepare for City Council consideration an overall policy concerning
redevelopment and new development for the west side of S. College Avenue
between Prospect Street and Lake Street.and bordered by the railroad tracks
to the west. In general the Council felt that such a policy was necessary
due to the particular difficulties which would arise for the public as well
as for property owners, developers and users of this area when development
or use changes occur. This is due mainly to:
1. the single lot configuration of existing development in the
B-P, Planned Business District, which requires a minimum of
two acres for a project;
2. the procession of existing curb cuts along this block of South
College Avenue; and,
3. the difficulty of vehicular access to the northwest corner of the
Prospect Street - College Avenue intersection.
More specifically, the Council felt the need for Council direction concerning
1) a petition before the Zoning Board of Appeals for a variance to the two
acre P.U.D. requirement for 1415 and 1417 S. College Avenue and, 2) the then
anticipated development plans for two restaurants at the northwest corner of
S..College Avenue and Prospect Street. Since January, the variance petition
has been withdrawn. The owner of 1417 S. College Avenue intends to open a
public relations firm as a home occupation and the owner of 1415 S. College
Ave. will continue a beauty parlor establishment as a home occupation. The
original party inquiring about restaurant development at the corner is no
longer actively interested.
On February 3, 1977, the Administration met with the property owners of and
parties directly involved with the area at and near this northeast inter-
section. Then, on March 29, 1977, the property owners and interested parties
of the larger area to discuss alternative policy approaches.
I
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Several property owners on this block are particularly concerned about the
beauty parlor use at 1415 S. College Avenue contending that it is not in fact
a home occupation and that even if it were, the use is incompatible to sur-
nunding properties and has resulted in a dangerous traffic situation on S.
College Avenue due to frequent turning movements. The attention givenby property
owners to this use has been expressed in the context of larger concerns that
the area change from residential to commercial uses in an orderly and proper
manner. The City Building Inspection Division which 1s responsible for the
issuance of home occupation permits has inspected the use at 1415 S. College
Avenue and is satisfied that the letter of the law concerning home occupations
in the city is being met.
At its March 29, 1977, work session the City Council heard a report from the
Administration regarding the development status of this area, including the
withdrawn variance and the discontinued interest for restaurant development
at the intersection. After this report the Council instructed the Administra-
tion to prepare a statement of policy guidelines relative to future development
and redevelopment for this area. The substance of this memo intends to propose
such guidelines based upon the above -mentioned meetings with property owners
and staff discussions about this area.
Proposed Policy Guidelines
Close city and private cooperation is necessary in order for this area to
develop in a manner which is mindful of the rights of all its property owners
and attentive to the public interest. The transition from residential uses in
single family houses to commercial uses is underway. The existing B-P, Planned
Business District, is the appropriate zone in that it assures city site and
landscape plan review and the opportunity for public input. However, it will
be necessary to vary the two acre requirement of this zone in certain cases and
with certain conditions in order to implement a general policy for this area.
Character of Development
While it is impractical to expect a continuation of residential uses on
this block, attention should be given to the preservation of its structurally
sound, architecturally significant older houses. In general the four houses
south of lot 1417 are of a lower quality than lot 1417 and the houses north of
it and, therefore, more conducive to removal and accommodating new commercial
development. Three other factors contribute to the potential for new construc-
tion on the area north of lot 1417: 1)lots 1419 thru 1435 are presently under
the same ownership; 2) this is a corner location; and 3) approximately one acre
of land contiguous to the west of these lots is presently available for sale and
development, thereby together comprising approximately two acres and developable
as a P.U.D.
The area including lot 1417 and north of it generally consists of houses
which should be preserved, provided that appropriate commercial uses can be
located within them. The suitability of such uses should be a function of
vehicular traffic generation to a large degree and of the compatibility between
various uses to a lesser degree. Commercial uses on these six lots should be
limited to non -retail and only low trip generating uses not to exceed twenty
(20) daily trips including those of employees.
-213-
Curbcuts on S. College Avenue
In order to avoid serious interruptions to the flow of traffic on S.
College Avenue, ingress and egress movements should occur on curbcuts that are
strategically located and limited in number. The incidence of curbcuts depends
largely on such market forces as the timing of new development and redevelopment
and the willingness of property owners to coordinate their planning through the
recognition of mutual ends. To the extent possible the city should limit
aad locate curbcuts on this block as follows:
- Maintain curbcut to lot 1413 which is an approved one lot P.U.D.
Encourage sharing of this curbcut with lot 1411 either through
revision to the P.U.D. or a cross easement agreement.. If a revised
P.U.D., then other benefits such as shared parking are available.
- Shared curbcut for lots 1415 and 1417 located at the south end of lot
1417, accomplished either through P.U.D. or a cross easement agreement.
- One curbcut for lots 1419 thru corner lot 1439, located at the north
end of lot 1419 and connected with lot 1417 curbcut. .
S. College Avenue - Prospect Street Intersection
In order to accommodate the additional congestion at this intersection
resulting in part from the addition of commercial.activities on the subject
block, at least the northwest corner should be widened to facilitate turning
movements. This could be a city requirement at the time of P.U.D. review.
The alley
Unless widened and improved, the alley can not accommodate two way traffic.
The cost of improving the alley as a dedicated street is prohibitive due to
the obstruction of utility poles and existing buildings. Presently the alley
serves minimally to provide access to several of the lots. The importance of
a second point of ingress and egress will increase with additional commercial
uses on this block. The city's official policy concerning the improvement of
Mason Street does not call for Mason Street to be improved in this vicinity.
Many of the property owners have complained that the alley presently functions
more as an intrusive "dragstrip" than as a benefit. Nonetheless, once additional
commercial development occurs, the alley has the potential to serve as an impor-
tant roadway, in that it will 1) help alleviate additional traffic on S. College
Avenue, 2) help reduce the number of turning movements off of and onto S.
College Avenue, and 3) serve to interconnect the commercial uses in the subject
area.
One method of improving the alley would be reroute it along the north
property line of "C" (see attached map) and north to Lake Street along the
west property line of "A". This would involve closing the existing alley from
"B" north to Lake Street. Such an improvement would be best accomplished at
the time of P.U.D. consideration for A, B, and.C.
J
-214-
LA
According to the City Traffic Engineer the alley should be maintained and
not interrupted. Ingress and egress turning movements from and onto Prospect
Street are difficult because of the configuration of curbcuts.for Fox Shopping
Center across the street. The City Administration should meet with the owners
of the Shopping Center to discuss ways of consolidating these curbcuts and
therefore, providing opportunity for greater utilization of the alley.
Variances
City response to requests to vary the two acre lot requirement in
the P.U.D. ordinance should be based upon the above -stated policy
guidelines.
I have not discussed the content of these proposed policy guidelines with
the property owners and suggest that copies of this memo be 'mailed to the
attached list of individuals in time for their review prior to any City
Council consideration of these proposed guidelines.
Those speaking in regard to the report were the following:
1. John Clarke, 1405 S. College Ave.
2. C.J. Streit, 3430 Surry Lane
3. E.M. VanSant, 119 W. Lake Street
No action was taken on this item.
-215-
OWNERSHIP MAP
Art March, Jr.
United Bank Building, Fort Collins, CO, 80521
C. J. Streit
3430 Surry Lane, Fort Collins, CO, 80521
First National Bank Trustee
208 W. Oak, Fort Collins, CO, 80521
1. C. G. Staver
139 Harvard, Fort Collins, CO, 80521
Public Service Company
P. 0. Box 840, Denver, CO, 80228
E. D. Schelhaas
124 N. Grant, Fort Collins, CO, 80521
L. M. Clark
131 W. Lake, Fort Collins, CO, 80521
�. R. T. Beck
1675 Carr St., Lakewood, CO, 80215
C. D. W. Acott, Trustee
117 W. Lake St., Fort Collins, CO, 80521
J. E. M. VanSant
119 W. Lake St., Fort -Collins, CO, 80521
C. G. E. Fischer
612 Elizabeth, Fort Collins, CO, 80521
E. J. Clarke
1405 S. College, Fort Collins, CO, 80521
M. Gladys Goostree
1407 S. College, Fort Collins, CO, 80521
N. K. G. Medearis
1413 S. College, Fort Collins, CO, 80521
0. Rolf M. Schwenninger
943 llth Street, Boulder, CO, 80302
P. Matilda Rowland
1417 S. College, Fort Collins, CO, 80521
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CiI
Seven -Year Capital Up -date
Following is the Project Status Statement on this item:
"Long Range Plan - completed.
Historic Facilities - The City's participation in the
physical restoration of the project is completed. $24,000
in grant funds supplemented the $100,000 spent from the
seven-year capital program.
Downtown Redevelopment - A total of $379,944 will be spent
on t e owntown project from the seven-year capital program
by the time it is completed in 1977. At the present, bond
funds are being used to finance the bulk of the project costs.
Seven-year sales tax funds will be scheduled for disbursement
in the latter months of the project.
Museum - The museum project will be completed by July of
1 77 with a total of $275,000 planned to be spent.
Lincoln Communit Center - Bids for construction of the
au itorium-art comp ex will be received on June 2, 1977.
Ground breaking is scheduled for late June. Occupancy of
the building will take place in September of 1978. $2,200,000
of City funds will be spent on the project, supplemented by
$200,000 in private contributions.
Fire Stations A & B - $24,000 is included in 1977 for land
acquisition costs for fire house locations.
Fire Training Center - No funds have been allocated for this
project to date.
Lincoln Junior High School - completed.
Outdoor Swimming Pool -No funds have been allocated for this
project to date.
Coloradoan Building - completed.
Munici al Buildin - Construction of the facility is on
sc e u e wit occupancy planned for July of 1978. Total
disbursements for 1977 will total $835,000.
0 S ace - Expenditures_ by year will vary as property
encomes available. The bulk of funds spent in 1977 will
be for easements on the Poudre River and Spring Creek Trail
systems.
-217-
Andersonville.Sewer - completed.
Storm Drainage - Some initial construction expenditures are
projected tor 1977 with the majority of work being done in
1978 to 1980.
Transportation Study - completed.
Transportation System - Present operational costs are projected
through the end or 196U.
Street Improvements - Nearly all street improvement funds will
e spent by the end of 1977.
Interest, Inflation and Administration - An annual charge of
0, 0 is projected or 1977 througH 1979.
Parkland Transfer - completed."
No action was taken on this item.
CETA Proposals
Following is the City Manager's memorandum on this item:
"As you know, the County recently was notified that it will
be receiving about $1,500,000 for public service employment
projects through the Comprehensive Employment Training Act.
Funds will become available for projects to operate for a
maximum of one year, to begin as soon as possible, and start
no later than September 12, 1977.
The attached information paper further outlines the details
and procedures required under the program.
Under previous funds available from the Public Service Employ-
ment Program, the City was successful in funding a sales tax
audit program, a Poudre River clean-up program, an oral tran-
scription history project and a Housing Authority beautification
project.
If you have any suggestions for projects which may be eligible
and of benefit to the City, I would appreciate your comments
by June 15, 1977."
No action was taken on this item.
I
NPABIM
Resolution Adopted Making Appointments
to Various Boards and Commissions
City Clerk Verna Lewis read the resolution at length.
Mr. James A. Nance, 704 West Mountain Avenue, applicant
for the Airport Board inquired into the criteria Council
uses for selecting members to various boards and commissions.
Mayor Bloom responded that he would contact Mr. Nance by
telephone in the morning and talk privately with him regarding
the various appointments.
Councilman Bowling made a motion, seconded by Councilman
Suinn to adopt the resolution. Yeas: Bloom; Bowling, Gray,
Russell, St. Croi;;, Suinn, and Wilkinson. Nays: None.
MOTION CARRIED
RESOLUTION 77-41
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO VARIOUS BOARDS &
COMMISSIONS OF THE CITY OF FORT COLLINS
WHEREAS, vacancies currently exist or shortly will exist on various
boards and commissions of the City because of resignations from board mem-
bership or the expiration of the terms of members of the boards; and
WHEREAS, the City Council desires to make appointments to fill the
vacancies which exist or will exist on the various boards and commissions.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, that the following named persons be, and they hereby are, appointed
as members of the boards and commissions hereinafter indicated, with terms
to expire as set forth after their names:
NAME OF BOARD: Airport Board
Name Expiration of Term
W. Dean Smith July 1, 1981
NAME OF BOARD: Building Board of Appeals
Name Expiration of Term
Harold H. Miller July 1, 1981
NAME OF BOARD: Building Contractor's Licensing Board
Name Expiration of Term
Marion T. Allen, Jr. July 1, 1981
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NAME OF BOARD: Coordinating Commission for Senior Citizens
Name Expiration of Term
Esther V. Stratton July 1, 1981
Virginia Dunford July 1, 1981
Darryl L. Farrington July 1, 1981
Edward Chilcott July 1, 1980
NAME OF BOARD: Cultural Resources Board
Name Expiration of Term
Pauline Birky July 1, 1981
Prank T. Johnson July 1, 1981
NAME OF BOARD: Election Board
Name Expiration of Term
Elizabeth B. Case July 1, 1981
NAME OF BOARD: Golf Board
Name Expiration of Term
Olen E. Gibson July 1, 1981
Ron Sisson July 1, 1981
NAME OF BOARD: Human Relations Commission
Name
Expiration of Term
Donald W. Lambert
July
1,
1981
Don D. Shoemaker
July
1,
1981
Pamela Lee Sysum
July
1,
1981
Robert L. Zimdahl
July
1,
1978
NAME OF BOARD: Library Board
Name Expiration of Term
Carolyn He July 1, 1981
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NAME OF BOARD: Liquor Licensing Authority
Name Expiration of Term
Clark M. Long JRly 1, 1981
Martha Jo Wilson July 1, 1981
NAME OF BOARD: Parks and Recreation Board
Name
Expiration
of Term
Robert P. Crockett
July
1,
1981
Eldon Ghent
July
1,
1981
Charles R. Mayhugh
July
1,
1981
NAME OF BOARD: Planning and Zoning Board ..,.
Name
Robert G. Evans
Phyllis J. Wells
NAME OF BOARD: Retirement Committee
Name
John D. Hartman
NAME OF BOARD: Storm Drainage Board
Name
Fred W. Nussbaumer
NAME OF BOARD: Water Board
Name
Bernard L. Cain, Jr.
Glen A. Johnson
Mar¢aret Reeves
NAME OF BOARD: Zoning Board of Appeals
Name
John E. Reid
Expiration of Term
July 1, 1981
July 1, 1981
Expiration of Term
July 1, 1981
Expiration of Term
July 1, 1981
Expiration of Term
July 1, 1981
July 1, 1981
July 1, 1981
Expiration of Term
July 1, 1981
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passed and adopted at a regular meeting of the City Council held this
0-77
7th day o! June, A.D. , :--
ATTEST:
City Clerk .
Appointment to 1041 Study Committee
Mayor Bloom stated that appointments to the 1041 Study Committee
should be considered. Two representatives should be appointed
to represent the City, to work with the County Commissioners.
Councilman Bowling made a motion, seconded by Councilman
St. Croix that Councilmen Suinn and Wilkinson be appointed.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, and
St. Croix. Nays: Councilmembers Suinn and Wilkinson.
MOTION CARRIED
Request for Waiver of City Ordinance
Section 73-30 Relating to Hawker's
License Referred to Staff
Following is the City Manager's memorandum on this item and
Mr. Lauer's letter:
"Enclosed is a letter from David A. Lauer, 2613 Stanford Road,
requesting a proration of the Hawker's License fee for part
of 1977. In May 1977, Mr. Lauer purchased a Hawker's license
to sell balloons in City Park. This license is good through
December 1977. However, Mr. Lauer only plans to operate
up to September 15th. He, therefore, requested a refund of
half of the $133.34 that he paid for this license. The City
Attorney advised that the Ordinance does not permit pro-
rating of the annual license fee and, therefore, no refund
can be given to Mr. Lauer. A refund could be given only
if the Ordinance is changed to allow the same. Mr. Lauer's
request would, therefore, have to be treated as a request
to amend the Ordinance."
j
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r
may 27, 1977
City Council
City of Fort Collins
Re: request of a waiver of city ordinance section 73-30
that requires hawker's licenses to be prorated for the
remaining portion of the year - for consideration
during the June 7th City Council '.Testing,
Dear Council !dembers,
Earlier this month I purchased a hawker's licence to sell
balloons in City Park, The licence cost meo133,34 (plus
whatever price one wants to assess for the stigma of being
"hawker")
a and is good thru December of 1977. I will be
selling balloons only during the next few months.
When I went to get a Parks and Recreation permit to sell
in the parks I found that this department takes 10% of the
gross from all park concessions in addition to the city and
state sales taxes. These fees make it nearly impossible
for the business to pay f'or itself, let alone show a profit
during the few summer months ahead.
I asked the City Revenue Officer if he could refund half of
the 4133.34 if I agreed not to operate the concession after
September 15, He checked with the City Attorney who said
this could not be done administratively (see attached letter).
So I am requesting that City Council grant me a waiver under
these same conditions: 1) that the city refund me *66.67 and
2) that I ajree not to operate my concession after Sept. 15,
s ct 'idly,
jl
avid A, Lauer
2613 Stanford Rd, 1125
Fort Collins, Colorado
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Councilman Bowling made a motion, seconded by Councilman
Wilkinson that the request be denied. (This motion was
later withdrawn by the motion maker with the consent of
the second.)
Mr. Lauer appeared to pursue his request and requested an
explanation as to why one type of vendor is charged $25.
and another is charged $200. City Attorney March responded
that this is how the present ordinance is written and he
could not answer how it was established.
This item was informally referred to the staff and will be
brought back to the Council at a later date.
Ordinance Tabled on First Reading Relating
to the Creation and Organization of Sanitary
Sewer Improvement District No. 59
Following is the City Manager's memorandum on this item:
"Ordinance No. 46, 1977, was included with the May 3, 1977,
agenda material. However, after the public hearing, the
whole issue was tabled until the June 7, 1977, meeting
prior to reading the ordinance.
The major obJection to this Improvement District was the
excessive costs. The major reason for the high cost was
the property to the east could not be assessed since it
already had a sewer and the property on the north side of
Mulberry is the City Park Nine Golf Course. It was thus
decided that it would be more equitable for the City to
pick up the costs of the property on the corner of Crestmore
and Mulberry that already has service from a sewer line
and to also pick up the cost for the City Golf Course.
Enclosed is a copy of a memorandum from Roy A. Bingman,
Engineering Services Director, and a memorandum from Donald
M. Parsons, City Engineer, listing the new figures with
regard to this project. Listed below is a tabulation of
the present estimated and proposed construction cost figures.
Present Prod0
Total Estimated Construction Cost �0 2 'go
Assessable Area Per Square Foot 159,183.90 159,183.90
Estimated Construction Cost Per
Square Foot of Assessable Area 0.15 0.047
Estimated Cost Per Square Foot of
Assessable Area (including 17%) 0.175 0.055
Estimated City Expense none $16,437.50
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Initially, the City had no cost under the revised proposal;
now the cost to the City is $16,437.50. It is proposed
that this money be allocated from the surplus funds of the
Sewer Fund."
City Attorney March stated that the Council had a hearing
last meeting and that it would be proper to reopen the
hearing for further comments and for consideration of the
revised recommendations.
Mayor Bloom declared the hearing open. Councilman Bowling
stated that it was his understanding that the property
owners were to have been re -notified prior to this item
coming back before the Council. City Attorney March stated
that this item had been tabled to a time definite, being this
evening.
Councilman Bowling made a motion, seconded by Councilwoman
Gray to table Ordinance No. 46, 1977, on first reading,
to June 21, 1977 and re -notify the property owners of any
proposed changes in the district. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson.
Nays: None.
IMOTION CARRIED
Ordinance Defeated on First Reading Creating
and Organizing Water Main Improvement District
No. 7
Following is the City Manager's memorandum on this item:
"At its May 3, 1977, meeting the Fort Collins City Council
held a public hearing on Water Main Improvement District
No. 7. This district would provide for the installation
for a water main on West Elizabeth from Overland Trail to
Timber Lane. After the hearing the entire matter was tabled
until the June 7th meeting. The major objection to the
district was that there were several abutting property
owners that were already connected to the Fort Collins -
Loveland Water District and did not feel they should be
assessed or required to convert over to the Fort Collins
City water main. There was also a minor problem in con-
nection with a property owner at one of the intersections
being assessed twice. This property was deleted from the
project. Ordinance No. 47, 1977, was revised to add additional
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coverage in Section 3. This section provides for the
deletion of the district of those property owners already
connected to the Fort Collins -Loveland Water Main. Section
5 was also added to provide for pay back if and when any
of those affected property owners wanted to connect onto
the City lines. All the sections with regard to bonding
were deleted from the ordinance at this time.
Enclosed is a revised memorandum from Roy A. Bingman, Director
of Engineering Services, and from Donald M. Parsons, City
Engineer, in connection with this project. Listed below is
a comparison of the present and proposed cost break -down for
this project.
Present Proposed
Total Estimated Construction Cost �6 .55 _T_55
Assessable Frontage 5,096.35 4,164.87
Estimated Construction Cost per
Linear Foot of Assessable Frontage 10.15 8.34
Estimated Cost per Linear Foot of
Assessable Frontage (including 17%) 11.88 9.76
Estimated City Expense 10,937.00 27,930.00"
Mayor Bloom declared the hearing on this district reopened
and inquired if there were people desiring to speak on
this issue.
Mrs. Evelyn Minatta inquired into the assessment made for 41
undeveloped land. City Attorney March stated that there is
a limitation in the Ordinances that the City cannot assess
more than an amount equal to k the value of the land.
Mrs. Minatta spoke in opposition to being included in the
district.
Mayor Bloom inquired if there were others wishing to be heard.
Hearing none, he declared the hearing closed.
Councilman Suinn made a motion, seconded by Councilwoman
Gray to reject Ordinance No. 47, 1977. Yeas: Councilmembers
Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays:
Councilman Bloom.
MOTION CARRIED
Mayor Bloom declared a 10-minute recess.
a
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Ordinance Adopted on First Reading Rezoning
Part of the Miller -Wainwright Associates
Evergreen Park
Following is the City Manager's memorandum on this item:
"The Miller -Wainwright Associates Evergreen Park rezoning
consists of 75.8 acres located between North College and
Redwood Street. The three properties are not contiguous.
The request is to rezone 41.056 acres from R-P (Planned
Residential District) to I-P (Industrial Park District);
26.5 acres from R-P (Planned Residential District) to R-M-P
(Medium Density Planned Residential District); and 8.2
acres from M-M (Medium Mobile Home District) to H-B (Highway
Business District). The Planning staff prepared an extensive
study on the land use and zoning in the entire area. By
a five to zero vote, the Planning and Zoning Board recommended
approval of the requested rezonings. The portion of the pro-
perty that is being requested for rezoning from R-P to I-P
is located south of the proposed Central Fort Collins Express-
way."
Councilman Wilkinson made a motion, seconded by Council-
woman Gray to adopt Ordinance No. 69, 1977, on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
MOTION CARRIED
Ordinance Adopted on First Reading Rezoning
a Portion of the Miller -Wainwright Associates
Evergreen Park
Following is the City Manager's memorandum on this item:
"Ordinance No. 70, 1977, provides for the rezoning of one
of the three portions of the property in connection with
this request. The aforementioned memo discusses all three
requested rezonings. The 26.5 acres that is being requested
to be rezoned from R-P (Planned Residential) to R-M-P (Medium
Density Planned Residential) is located directly north of
the proposed Central Fort Collins Expressway. By a 5 to
0 vote, the Planning and Zoning Board recommended for
approval of this rezoning."
Councilman Bowling made a motion, seconded by Councilman
Suinn to adopt Ordinance No. 70, 1977, on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix, Suinn and Wilkinson. Nays: None.
9 MOTION CARRIED
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Ordinance Adopted on First Reading Rezoning
Part of the Miller -Wainwright Associates
Evergreen Park
Following is the City Manager's memorandum on this item:
"Ordinance No. 71, 1977, is a companion part of an overall
rezoning of three parcels of property in the Evergreen
Park area. The 8.2 acres that are being requested to be
rezoned from M-M (Medium Mobile Home) to H-B (Highway
Business) is located north of Willox Lane. The memo mentioned
with Ordinance No. 69, 1977, describes this portion of the
property along with the other two. The Planning and Zoning
Board recommended 5 to 0 for this rezoning."
Councilwoman Gray made a motion, seconded by Councilman
Suinn to adopt Ordinance No. 71, 1977, on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn, and Wilkinson. Nays: None.
Ordinance Adopted on First Reading Annexing
the Greenwalt Tenth Annexation
Following is the City Manager's memorandum on this item:
"This annexation consists of 73.3 acres located at the south-
west corner of East Drake and Timberline Road. The requested
zoning is R-L, Low Density Multiple -Family District. The
property is contiguous to an integral part of the Nelson
Second Annexation which is listed under Ordinance No. 73,
1977.
Enclosed is an extensive memorandum from the Planning staff
on the Greenwalt Tenth Annexation and the Nelson Second
Annexation. The Planning and Zoning Board by.a split three
to three vote recommended denial of the proposed Greenwalt
Tenth and Nelson Second Annexations. There is some uncertainty
on the part of the Board with regard to the City's overall
annexation policy. Many of the issues are discussed. It
appears that the 1041 Urban Service Boundary Study will
help to answer some of these questions. In fact, it should
be stipulated that the entire annexation issue be a part of
the overall study."
j
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Mr. Gary Haxton, representing the petitioner spoke in favor
of the petition and stated that they could receive services
in the County, but preferred to be annexed into the City.
Councilman Bowling made a motion, seconded by Councilman
Wilkinson to adopt Ordinance No. 72, 1977, on first reading.
Yeas: Councilmembers Bloom, Bowling, Russell, St. Croix,
and Wilkinson. Nays: Councilmembers Gray and Suinn.
MOTION CARRIED
Ordinance Adopted on First Reading Annexing
the Nelson Second Annexation
Following is the City Manager's memorandum on this item:
"The Nelson Second Annexation consists of 42.27 acres. It
is located on Timberline Road, north of East Horsetooth
Road. It is directly contiguous to the property zoned for
the Platte River Power Authority. The Planning and Zoning
Board's discussion on the entire issue on annexation is
included with the Greenwalt Tenth Annexation Ordinance.
The requested zoning in this case is I-P, Industrial Park
Zoning. Also enclosed is a copy of a letter from the D.C.
Miller Company objecting to the I-P annexation and zoning
10 of the Nelson Second Annexation. It is their contention
that any additional annexation with the industrial zoning
will dilute the proposed growth to the north. Again, the
Planning and Zoning Board by a 3 to 3 split vote recommended
to deny this annexation."
11
Mr. Douglas Miller, developer of Evergreen Park, spoke in
protest to this annexation.
Councilman Bowling made a motion, seconded by Councilman
Russell to adopt Ordinance No. 73, 1977, on first reading.
Yeas: Councilmembers Bloom, Bowling, Russell, St. Croix,
and Wilkinson. Nays: Councilmembers Gray and Suinn.
MOTION CARRIED
Ordinance Adopted on First Reading Annexing
the Granada Heights Annexation
Following is the City Manager's memorandum on this item:
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"D & L Enterprises has requested annexation of 23.8 acres
located on Vine Drive at North Shields Street. The
petitioner has requested R-M, Medium Density Residential
Zoning, and R-L-M, Low Density Multi -Family Zoning. The
staff recommended for approval of the 17.3 acres for R-L-M
zoning, but recommended that the 6.5 acres be zoned R-M-P
in lieu of the requested R-M.
At its May 9, 1977, meeting the Planning and Zoning Board
voted five to two in support of the staff recommendation
concerning the zoning designation for the proposed Granada
Heights Annexation."
Councilman Suinn made a motion, seconded by Councilman
Wilkinson to adopt Ordinance No. 74, 1977, on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix, Suinn, and Wilkinson. Nays: None.
MOTION CARRIED
Ordinance Adopted as Amended on First Reading
Zoning the Granada Heights Annexation
Following is the City Manager's memorandum and recommendation
on this item:
"Ordinance No. 75, 1977, provides for the annexation of the
Granada Heights Annexation, and the annexation and zoning
memorandum from the Planning staff is included with the
aforementioned Ordinance.
The petitioner requested R-M, Medium Density Residential
Zoning, for the 6.5 acres and R-L-M, Low Density Multi -
Family District Zoning, for the 17.3 acres. The staff and
Planning and Zoning Board were in favor of the R-L-M zoning;
however, they feel that R-M-P would be better for the 6.5
acre site. The petitioner stated that there were no objections
to the R-M-P zoning.
Recommendation: The Administration recommends that the City
Council amen Ordinance No. 75, 1977, to read R-M-P District
zoning instead of R-M District zoning, and adopt the amended
Ordinance on first reading."
Councilman Russell made a motion, seconded by Councilman
Bowling to amend the ordinance by substituting the R-M-P
District. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix,
Suinn and Wilkinson. Nays: None.
MOTION CARRIED
1
41
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Councilman Wilkinson made a motion, seconded by Councilman
St. Croix to adopt Ordinance No. 75, 1977, on first reading
as amended. Yeas: Councilmembers Bloom, Bowling, Gray,
Russell, St. Croix, Suinn and Wilkinson. Nays: None.
MOTION CARRIED
Ordinance Adopted on First Reading Creating
and Organizing Consolidated Street Improvement
District No. 72
Following is the City Manager's memorandum on this item:
"At its meeting on May 3 the City Council passed the necessary
resolutions to initiate proceedings for formation of a
street improvement district to improve Drake Road from
approximately Stover Street east to Lemay Avenue and Lemay
Avenue from Drake Road south to the point where Lemay Avenue
is already improved to City specifications. Since that
time the staff has met with Everitt Enterprises, Inc., the
developer of a substantial portion of the lands abutting
on Lemay Avenue. Because of different ownerships within
their lands and the difficulty of handling assessment districts
in areas where subdivisions are being developed, it has been
agreed that the street adjoining these lands should not
be a part of the improvement district. Instead of that, an
agreement has been negotiated under which the improvements
adjoining the Everitt lands will be paid and constructed
at the same time as the district improvements but the
funding will be paid directly by Everitt as a cash project.
That contract is enclosed. This has caused a substantial
reduction in the area of the proposed district and the
overall cost of the district, but not any change in the cost
per foot to be assessed remaining within the district."
I
City Attorney March stated that Council should conduct the
hearing, then act on the staff recommendation that a sub-
stantial portion be deleted from the district as it is proposed
to enter into a contract with the property owners to be
deleted for the installation of the improvements which would
be paid for on a cash basis.
Mayor Bloom declared the public hearing open. City Attorney
March stated for the record that there were no remonstrances.
Mayor Bloom then declared the hearing closed.
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Councilman Wilkinson made a motion, seconded by Councilman
Bowling to approve the City Engineer's recommendations to
delete the properties described and install them by contract.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
MOTION CARRIED
Councilman Bowling made a motion, seconded by Councilman
Wilkinson to adopt Ordinance No. 75, 1977, on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
MOTION CARRIED
Foothills Parkway Commercial PUD,
Preliminary Plan Approved
Following is the City Manager's memorandum on this item:
"This PUD is located on Foothills Parkway west of Stanford
Road, and consists of 5.9 acres zoned B-P, Planned Business
District, and H-B, Highway Business District. Enclosed is
a memo from our Planning staff with regard to the additional
approval of the Planning and Zoning Board. The Board
recommended unanimously for approval with the following
conditions:
Pedestrian access should be provided from outside the
site to its interior. As proposed, provisions for
pedestrian access from the Fashion Mall and the adjacent
residential areas are lacking. Provisions
for bicycles should also be indicated.
2. The site plan should indicate more extensive landscaping
treatment considering the fact that the site is adjacent
to residential uses. Landscaped area should entail at
least 12% of total area. While peripheral landscape
area along Foothills Parkway and Stanford Road is good,
the large expanses of parking area should nevertheless
be improved with landscaped islands. Peripheral land-
scape treatment along west and north boundaries should'
also be clarified.
3. While vehicular access and internal distribution are
good, site plan should indicate dimensions of driveway
aisles and rows of parking spaces in parking lot. Also,
driveway access at west end of site should be recessed
from property line.
4
J
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9
4. A proposal of this scale would seem to warrant a more
detailed discussion of planning objectives than the one
paragraph submitted. A statement of planning objectives
which discusses the rationale of this particular layout
and its advantages over other alternatives should be
submitted prior to City Council review of the preliminary
plan. The statement of planning objectives should
also address the specific measures taken (architectural
materials, landscaping design, screening, etc.) to make
the project compatible with adjacent residential uses."
Councilman Wilkinson made a motion, seconded by Councilman
Suinn to approve the preliminary plan. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix, Suinn, and
Wilkinson. Nays: None.
MOTION CARRIED
Lake Sherwood East Residential PUD,
Preliminary Plat Tabled
Following is the City Manager's memorandum on this item:
"The Lake Sherwood East Residential PUD is located on Parklake
Drive east of Lake Sherwood. The developer proposes to
construct 44 multi -family units on a 6.2-acre tract zoned
R-P, Planned Residential District.
At its May 9, 1977, meeting the Planning and Zoning Board
voted unanimously for conditional approval of the Preliminary
Plan subject to two revisions: (1) emergency exits should
be improved to buildings at the southwest corner of the site,
and (2) additional parking should be provided. The applicant
has submitted a revised Preliminary Plan which fulfills the
above conditions."
City Manager Brunton stated that petitions containing
signatures of 224 people had been received objecting to
the project. City Attorney March stated that all of the
objections had come up after the Planning and Zoning Board
meeting. In addition, there was a letter addressed to
Councilman Bowling relating to what the signatories felt
were representations made by the developer as to what the
development would be in this area. City Attorney March then
stated that Council might want to consider tabling this
matter for two weeks in order to allow the protestants
and the developer to have a meeting to air their differences.
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Attorney William H. Allen, representing the developer,
stated that he would rather Council didn't postpone the
hearing. Attorney Kenneth C. Wolf, representing the Lake
Sherwood Homeowner's Association, stated that they would
not have any objections to the postponement.
Councilman Bowling made a motion, seconded by Councilman
Wilkinson to table this item for two weeks and that the
Administration arrange for a meeting. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix, Suinn, and
Wilkinson. Nays: None.
MOTION CARRIED
Coachlight Plaza Residential PUD,
Preliminary Plan Approved
Following is the City Manager's memorandum on this item:
"Coachlight Plaza Residential PUD is located on Blue Spruce
Drive south of East Willox Lane. The developer proposes
to have 96 multi -family units located on an 8-acre tract
zoned R-P, Planned Residential District. The density is
12 units per acre.
The staff memo of May 27, 1977, lists the conditions for
approval by the Planning and Zoning Board. It appears that
the applicant can meet all various additional improvements.
On that basis, the Planning and Zoning Board recommended
unanimously for approval."
Councilman Bowling made a motion, seconded by Councilman
Suinn to approve the preliminary plan. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson.
Nays: None.
MOTION CARRIED
Amendment of
Spring Court PUD Approved
Following is the City Manager's memorandum on this item:
J
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"Spring Court PUD is located on the southwest corner of
South College Avenue and West Village Street. This
property consists of 1.5 acres zoned H-B, Highway Business
District. The proposal is to enlarge the approved building
site and change the layout for the storage building on the
site. The Planning and Zoning Board recommended unanimously
for approval providing the conditions listed in the May 26
memorandum from the Planning staff were complied with.
The applicant indicated that he would comply with these
conditions."
Councilman Wilkinson requested the record show that he would
like to be excused from consideration or vote.on this item.
Councilman Bowling made a motion, seconded by Councilwoman
Gray to approve the amendment to Spring Court PUD. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, and
Suinn. Nays: None. (Councilman Wilkinson out of room.)
MOTION CARRIED
North Forty Residential Subdivision,
Final Plat Approved
Following is the City Manager's memorandum on this item:
"The North Forty Residential Subdivision is located on
Rocky Road and Pear Streets between West Mulberry Street
and Orchard Place. The developer proposes to construct
21 single-family lots on 5.1 acres zoned R-L, Low Density
Residential District. The density is 4.1 units per acre.
The Planning and Zoning Board voted unanimously for approval
providing the developer met the conditions of having on -
site detention or arranging to share detention ponds with
the developer to the south, and that Lot 8 would not con-
flict with the existing house immediately adjacent. Both
of these conditions have been complied with."
Councilman Suinn made a motion, seconded by Councilman
Bowling to approve the final plat. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix, and Suinn.
Nays: None. (Councilman Wilkinson out of room.)
MOTION CARRIED
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Pinewood Residential PUD, Final Plans
and Plat Approved
Following is the City Manager's memorandum on this item:
"Pinewood Residential PUD is located south of Drake Road
between Stanford and Stover, and consists of 6.6 acres
zoned R-M-P, Medium Density Planned Residential District.
The developer plans to construct twenty duplex lots on this
tract for a density of 6.1 units per acre. The developer
indicates that he will comply with the various conditions
pending approval. On this basis, the Planning and Zoning
Board recommended unanimously for approval."
Planner II, Paul Deibel, stated that the applicant has not
submitted a signed subdivision plat as the closing will
not take place until next week and they have requested
that if the proposal is approved that it be done with the
condition that the plat be signed. Also the Open Space
Agreement has not been approved by the City Attorney.
Councilman Bowling made a motion, seconded by Councilwoman
Gray to approve the final plans and plat, subject to proper
signatures on the plat and approval of the Open Space Agreement.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
MOTION CARRIED
Highlander Heights Residential Subdivision,
13th Filing Final Plat Approved
Following is the City Manager's memorandum on this item:
"The Highlander Heights Residential Subdivision is located
on East Prospect Street east of Lemay. The 13th Filing
consists of 5.4 acres zoned R-L, Low Density Residential
District. There will be 17 single-family lots for a density
of 3.2 units per acre. At its May 9th meeting the Planning
and Zoning Board voted 5 to 1 to recommend approval subject
to the condition that the applicant make provisions for
landscape treatment in the right of way along the pedestrian -
bike path along Prospect Road."
Councilman Wilkinson made a motion, seconded by Councilman
St. Croix to approve the final plat. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
MOTION CARRIED I
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a
Village West Subdivision, 9th Filing
Preliminary Plat Approved
Following is City Manager's memorandum on this item:
"The Village West Subdivision, 9th Filing, consists of 85
single-family lots on a 20-acre tract zoned R-L, Low Density
Residential District. It is located on Stuart Street at
Taft Hill Road. There are several innovative changes in
this proposed plat that are not consistent with our present
subdivision ordinance.
As indicated in the supporting material with the agenda item,
the City recently conducted a meeting attended by local
design professionals to discuss the concepts set forth in
the proposed subdivision and other possible revisions to the
subdivision ordinance. The general feeling coming from this
meeting indicates a need for revision of the subdivision
ordinance to allow more innovative plans. We expect to draft
an ordinance making changes to the subdivision ordinance
and present it to the Council. However, this will take some
time to prepare and present. The subdivision as proposed
does not comply with the subdivision requirements as indicated
on page 2 of the attached memo from Les Kaplan. The sub-
division ordinance does contain a provision in Section 99-7
which would permit a variance to be issued by the Council
from the provisions of the subdivision ordinance. If the
Council desires to approve the subdivision plat as presented,
they should first grant a variance allowing .the following
deviations:
1. Reduction of "local" street width from 60 feet right of
way and 40 feet pavement to 40 feet right of way and 28
feet pavement.
2. Inclusion of "T" or rectangular cul-de-sac.
3. Reduction of frontage of lots onto the dedicated "T" cul
ends from 30 feet to 20 feet.
4. Omission of sidewalk on minor local streets.
5. Reduction of front yard setback for single-family
residences in the R-L zoning district from 30 feet to
18 feet.
6. Reduction of side yard setback for single-family residences
in the R-L zoning district from seven foot property line
to house to 3 foot property line to house.
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Following granting of such a variance, the preliminary plat
could be approved."
City Attorney March stated that he had written the above
memorandum and it should be amended, he continued as follows:
"As indicated, as a result of this petition and some talk we
have in staff for a long time, there was a meeting among
various developing interests to talk about the subdivision
ordinance, and I think everyone agreed that we need some
revisions to the subdivision ordinance in order to allow
some more innovative planning and possibly some lower cost
approaches to housing. Now, that is general, and one part
of our recommendation is that you instruct the staff to con-
tinue those discussions with those types of individuals to
bring back changes in the subdivision ordinance. That is
the easy part. On this particular subdivision, staff I
think as a result of that meeting, and you might as well
correct me if I get anything wrong, we are recommending
that you go ahead and grant some variances under your variance
powers in the subdivision ordinance but not the ones that I
list here specifically on the memo. Instead of those,
the recommendations are that you reduce local street widths
from 60 feet and 40 feet to 50 feet and 32 feet. The memo
says 40 and 28. That was the request, but the recommendation
is 50 and 32. The second one is not a recommendation, and
the reason for asking for the "T" was to be able to do a
couple of things. One was to be able to get.around the
requirement that you have radial lot lines radiating out
from the center of a cul de sac and the other was to be
able to get away from the requirement that you have a
certain frontage at the street line. When you get a pie
shaped lot, you don't get the right frontage at the street
line unless you make an awfully wide lot at the back, and
what we are really going to come down to probably is some-
thing that goes the building line as opposed to the street
line. But that isn't in the ordinance yet, so we are not
going to recommend the "T" cul de sacs, but I think the
same result would be accomplished by the recommendations
that come on down. The next one is to reduce the frontage
of lots onto a cul de sac, not a "T" cul de sac, but on to
a cul de sac from 30 feet to 20 feet, and then there should
be a proviso that, provided that that be with the building
envelope shown on the plat so that it can be reviewed where
the building would be. The next recommendation was omission
of sidewalks on minor local streets, and that the staff
is not recommending. The next one was in regard to reduction
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9
of front yard set -backs and the request was from 30 to
18 feet. The recommendation is for 30 to 20 feet, with
again the building envelope shown. The next one was a
reduction in side yard set -backs, and that again is
recommended as stated here, but with building envelopes
shown. And then finally, one that is not on.there, would
be to allow a variance from the radiating from the center
lot line requirement, so that it could go on a right
angle from a square drawn around the circle,..."
Mr. Ron Hoisington, Planning Consultant with THK spoke
in favor of the Preliminary plat with the requested waiver
of the subdivision regulations.
Director of Planning, Les Kaplan, addressed the street
width requirements, the parking on one side of the street
with probable problems, and added:
"The "T" cul de sacs which Mr. Hoisington is referring
to all empty out into drainage areas, which makes a big
difference. To say that a "T" cul de sac is feasible
because it doesn't have lots on the end of it isn't to
say anything about the feasibility of a "T" cul de sac.
So we have discussed the "T" cul de sac with the utility
department, with the Fire Department, with the Police
Department, and with the engineering department and they
all feel that there will be major problems in allowing
a "T" cul de sac. Many of the goals which would be achieved
with a "T" cul de sac could be achieved if we allow a
greater diversification of lot lines, side lot line
designations at the end of a round cul de sac. And that
is what we are suggesting. Now we would allow that as
opposed to a "T" cul de sac."
Mr. William Bartran, builder, stated that he had built all
of the properties in the Warren Shores area and those streets
were 28 feet.
Councilman Wilkinson made a motion, seconded by Councilman
Bowling to approve the preliminary plat of Village West
Subdivision 9th Filing, and grant the variances as listed,
and not changed, with the exception of the omission of
sidewalks; to require sidewalks; to eliminate the radial
requirements and to require a building envelope. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, and Wilkinson.
Nays: Councilman Suinn. (Secretary's Note: The following
variances were granted:
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1. Reduction of a "local street width from 60 feet right
of way and 40 feet pavement to 40 feet right of way and
28 feet pavement.
2. Inclusion of a "T" or rectangular cul-de-sac.
3. Reduction of frontage of lots onto the dedicated "T"
cul ends from 30 feet to 20 feet.
4. Reduction of front yard set -backs for single-family
residences in the R-L zoning district from 30 feet to
18 feet.
5. Reduction of the side yard set -back for single-family
residences in the R-L zoning district from seven foot
property line to house to 3 foot property line to house.
MOTION CARRIED
Other Business
a) Councilman Bowling stated that the Jr. Women's Club is
proposing to use the street car in the Downtown area,
along with the Chamber of Commerce for ticket sales, etc.
This item will be on the Agenda for June 21, 1977.
Adjournment
Mayor Bloom declared the meeting adjourned at 11:15 P.M.
ATTEST:
CiyCer
J
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