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HomeMy WebLinkAboutMINUTES-06/21/1977-RegularI June 21, 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 21, 1977, at 5:30 P.M. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Absent: Councilman Bowling. Staff Members Present: Brunton, Parsons, Deibel, Thexton, Lanspery, Krempel, Bingman, Kaplan, and Lewis. ' Also: City Attorney Arthur March, Jr. Ordinance Adopted on Second Reading Relating to the Insulation Requirements to the Uniform Building Code Following is the City Manager's memorandum on this item: "At its June 7 meeting the Fort Collins City Council adopted Ordinance No. 59, 1977, on first reading. This ordinance, dealing with proper insulation of buildings, has been discussed on many occasions. The ordinance has been reviewed by staff and the various boards and commissions." Councilman Wilkinson made a motion, seconded by Councilman Suinn to adopt Ordinance No. 59, 1977, on second reading. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED -241�— ORDINANCE NO. 59 , 1977 BEING AN ORDINANCE AMENDING THE UNIFORM BUILDING CODE ADOPTED BY ARTICLE 1 OF CHAPTER 38 OF THE CODE OF THE CITY OF FORT COLLINS ADDING CHAPTER 53 RELATING TO INSULATION REQUIREMENTS TO THE UNIFORM BUILDING CODE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 38-2 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding thereto an additional subsection R as follows: "R. Chapter 53 is amended by deleting therefrom the words: 'NO REQUIREMENTS', and by substituting therefor the following: "Chapter 53. "INSULATION I "Purpose "Sec. 5301. The purpose of this chapter is to provide standards and requirements for thermal insulation for buildings in the City of Fort Collins in order to conserve energy used in heating and cooling of such buildings. "Scope "Sec. 5302. The standards set forth in this chapter shall be minimum standards. Insulation meeting or exceeding the minimum requirements contained in this chapter shall be installed in all residential dwellings (I and H occupancies) constructed within the City of Fort Collins. All insulating material must conform to the flame spread requirements of Uniform Building Code Class I material. "Definitions "Sec. 5303. For the purpose of this Chapter 53, the terms, phrases, words and thdir derivatives hereinafter ' -242- set forth shall have the meaning and be construed as herein specified. "A. B.T.U. or BRITISH THERMAL UNIT - the amount of heat needed to raise the temperature of one pound 1°F. at sea level. "B. 'K' VALUE - thermal conductivity is the amount of heat (BTU's) transferred in one hour through one square foot ofa homogenous material one inch thick for a difference in temperature of 1°F. "C. 'U' VALUE - this indicates the total or overall transmission of heat (BTU's) in one hour per square foot of area for a difference in temperature of 1°F. between the air on one side to the air on the other side of any construction. "D. A.S.H.R.A.E. - the initials for the American Society of Heating, Refrigerating and Air Conditioning Engineers. "E. BUILDING - the term 'building' shall mean any new structure built for occupancy of i or H as designated in the Uniform Building Code. "F. GLAZED OPENINGS - any openings covered with transparent or translucent material. "G. 'R' VALUE - this means the resistance of a material to the passage of heat determined in accordance with A.S.H.R.A.E. 'R' shall refer only to the insulating material. "H. ZONED - individual areas having their own heat and control device. "I. STORY - means the portion of a building between a floor and another floor or roof. "J. UNHEATED SPACE - any space which is not provided with heat sufficient to raise the temperature to 70°F. three (3) feet above the floor. "K. HEATED SPACE - any space which is provided with heat sufficient to raise the temperature to 70°F. three (3) feet above the floor. 1 3 "Minimum Requirements of Insulation ' "Sec. 5304. Insulation installed pursuant to this chapter shall meet the following minimum requirements. "A. Walls.. Side wall insulation of a building shall have an 'R' value of not less than R-11. "EXCEPTION: "l. Exterior foundation walls having no more than 12" exposed above grade around the entire perimeter need not be insulated. "2. Walls above grade which are constructed of wood, stone, adobe, brick masonry, or other relatively dense materials having an installed density in excess of 15 pounds per cubic foot shall be deemed in compliance with this section. "A-1. Walls of unheated spaces need not be insulated. "EXCEPTION: "l. Walls adjoining unheated spaces shall be insulated as specified in A above. "A-2. Foundation of slab on grade shall have a perimeter insulation with a minimum 'R' value of 7 of a material approved by the Chief Building Inspector. This insulation material shall extend vertically two (2) feet above grade on the side of the foundation wall. Where the foundation wall comes in contact with a concrete slab, there will be an expansion material of not less than one-half (1/2) inch. "B. Floors. Floors constructed over an unheated crawl space shall be insulated with an 'R' value of not less than R-11. This installation shall be made so that the perimeter of the building at floor level will comply with this requirement. "B-1. Floors constructed over a garage and separating the garage from living areas shall be insulated with an 'R' value of not less than R-11. "B-2. Floors constructed over an unheated basement shall be insulated with an 'R' value of not less than I R-11. -244- I "B-3. Floors separating living areas over heated areas need not be insulated. "EXCEPTION: "1. It is recommended that floors separating living areas and constructed over heated areas be insulated with an 'R' value of not less than R-11 when the building is to utilize zoned heating. "C. Ceilings. The roof ceiling of a building shall have an 'R' value of not less than R-19. "C-1. In cathedral, flat, and mansard roof/ceilings where vapor barrier is used, there shall be one square foot of ventilation space for every 300 square feet of insulated area. Where there is no vapor barrier used, the ventilation area shall be one square foot for every one hundred fifty (150) square feet of insulated area. "D. Openings. All glazed openings shall be glazed with insulating glass as defined by A.S.H.R.A.E. or shall be equipped with storm windows. ' "EXCEPTION: "l. Decorative windows shall not be required to comply with this provision., "E. Caulking and Sealants. Exterior joints around windows and door frames, between wall cavities and window or door frames, between wall and foundation, between wall and roof,.between wall panels, at penetration or utility services through walls, floors, and roofs, and all other openings in the exterior envelope shall be caulked, gasketed, weather stripped, or otherwise sealed. "F. Vapor Barrier. No area requiring insulation shall have more than one (1) vapor barrier. "G. Installation. All insulating materials are to be applied or installed in a workmanlike manner complying with the manufacturer's recommendation. Introduced, considered favorably on first reading, and ordered published this 7th day of June, A.D. 1977, and to be -245- presented for final passage on the 21st day of June, A.D. 1977. ATTEST• Mayor 1 ty­Clerk Passed and adopted on final reading this 21st day of June, A.D. 1977. ATTEST � City Clerk 1 First Reading: June 7, 1977 (Vote: Yeas: 7 Nays: 0) Second Reading: June 21, 1977 (Vote: Yeas: 6 Nays: 0) Dates Published: June 12, 1977 and June 26, 1977 Attest: City C er Ordinance Adopted on Second Reading Designating the Myron H. Akins Building as an Historic Landmark Following is the City Manager's memorandum on this item: "Ordinance No. 60, 1977, was adopted on first reading at the June 7, 1977, Council meeting. This ordinance provides for the Myron H. Akins Building located at 128-132 Laporte Avenue to 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. It also has been recommended for this designation by the Cultural Resources Board." -246- ' Councilman Suinn made a motion, seconded by Councilman St. Croix to adopt Ordinance No. 60, 1977, on second reading. Yeas: Councilmembers Bloom, Gray, St. Croix, and Suinn. Nays: Councilmembers Russell and Wilkinson. THE MOTION CARRIED ORDINANCE NO. 60 , 1977 BEING AN ORDINANCE DESIGNATING CERTAIN PROPERTY AS A LANDMARK WHEREAS, the Cultural Resources Board has recommended to the City Council the designation of the property hereinafter described as a landmark; and WHEREAS, the owners of said property have consented to the designation of the same as a landmark; and WHEREAS, the City Council has reviewed the recommendation of the Cultural Resources Board and desires to accept such recommendation and designate said property as a landmark. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the structure known as the Myron H. Akins Building, located on lands described as follows, to -wit: East 12.50 feet of Lot 43, and all of Lots 44 and 45, in Block 22 of the City of Fort Collins; be and the same hereby is, designated as a landmark in accordance with the Ordinances of the City of Fort Collins. Introduced, considered favorably on first reading, and ordered published this 7th day of June, A.D. 1977, and to be presented for final passage on the 21stday of June, A.D. 1977. Mayor , ATTEST: ' City ler - 247' Passed and adopted on final reading this2lst day of June, A.D. 1977. ' Mayor ATTEST: i iyCer First Reading: June 7, 1977 (Vote: Yeas: 5 Nays: 2) Second Reading: June 21, 1977 (Vote: Yeas: 4 Nays: 2) Dates Published: June 12, 1977 and June 26, 1977 Attest: City Clerk Ordinance Adopted on Second Reading Relating to Zoning and Landscaping Requirements in 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 June 7, 1977, meeting the Fort Collins City Council adopted Ordinance No. 61, 1977, on first reading. This ordinance provides for the administrative review and approval of land- scape plans. It also provides for appeals to the Planning and Zoning Board and to the City Council. Before the ordinance was adopted on first reading the administrative approval time was changed from 5 to 14 days. It was also indicated that there should be some manner of notifying the various developers and builders. This approval is required prior to receiving the Certificate of Occupancy." Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 61, 1977, on second reading. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED 1 -248- z ' ORDINANCE NO. 61 , 1977 BEING AN ORDINANCE AMENDING ORDINANCE NO. 18, 1977, RELATING TO ZONING AND LANDSCAPE REQUIREMENTS IN THE R-H (HIGH DENSITY RESIDENTIAL), B-L (LIMITED BUSINESS) AND H-B (HIGHWAY BUSINESS) ZONING DISTRICTS I I BE IT ORDAINED BY THE COUNCIL OF.THE CITY OF FORT COLLINS: Section 1. That Section 118-44I(1) of the Code of the City of Fort Collins enacted by Section 2 of Ordinance No. 18, 1977, be, and the same hereby is, amended to read as follows: "I. Landscape requirements. 1ti "(1) Uses (5) through (20), inclusive, listed in A above shall require that a landscape plan complying with subparts (1) through (9), inclusive, of Section 118-83F(3)(b) of this Chapter shall be submitted and approved by the City Administration. The City Administra- tion shall take action to approve or disapprove of any _._.._ such plan within fourteen (14) days after the plan is subnitted to the Building Inspection Department. Appeal from the action of the City Administration may be taken by the property owner to the Planning and Zoning Board by filing a notice of appeal with the Building Inspection Department. The property owner may further appeal the decision of the Planning and Zoning Board to the City Council by filing notice of appeal with the City Clerk. Any notice of appeal shall be filed within seven (7) days from the date the property owner is advised of the final action of the City Administration or the date of decision of the Planning and Zoning Board." Section 2. That Section 118-61F(1) of the Code of the City of Fort Collins enacted by Section 4 of Ordinance No. 18, 1977, be, and the same hereby is, amended to read as follows: "F. Landscape requirements. "(1) Any use in this district shall require that a landscape plan complying with subparts (1) through (9), inclusive, of Section 118-83F(3)(b) of this Chapter -249- shall be submitted and approved by the City Administra- tion. The City Administration shall take action to approve or disapprove any such plan within fourteen (14) days after the plan is submitted to the Building Inspec- tion Department. Appeal from the action of the City Administration may be taken by the property owner to the Planning and Zoning Board by filing a notice of appeal with the Building Inspection Department. The property owner may further appeal the decision of the Planning and Zoning Board to the City Council by filing notice of appeal with the City Clerk. Any notice of appeal shall be filed within seven (7) days from the date the property owner is advised of the final action of the City Administration or the date of decision of the Planning and Zoning Board." . Introduced, considered favorably on first reading and ordered published this 7th day of June, A.D. 1977, and to be presented for final passage on the 21st day of June, A.D. 1977. A ST- ty Clerk s L I -� 1 . `._ Passed and adopted on final reading this 21st day of June, A.D. 1977. ATTEST ity Cler / First Reading: Second Reading: Dates Published: Attest: June 7, 1977 June 21, 1977 June 12, 1977 (Vote: (Vote: and June 26, 1/71 / i r � . --_ City Cler Yeas: Yeas: 1977 7, Nays: 0) 6, Nays; 0) 1 -250- Ordinance Adopted on Second Reading Relating Ito Fees and Charges in Connection With Improvement Districts Following is the City Manager's memorandum on this item: "Ordinance No. 62, 1977, was adopted on first reading at the June 7, 1977, meeting. The present ordinance provides for a 7% maximum fee to be charged for engineering in connection with a special improvement 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 this work. We are receiving estimates on the cost of various projects from 10 to 15%. This ordinance provides for increasing the cost of engineering not to exceed 15%. The maximum fees for legal, publication, the cost of interest during construction, and cost of collection remain the same. It is not mandatory nor do we charge the maximum amounts." Councilman St. Croix made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 62, 1977, on second reading. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. I THE MOTION CARRIED ORDINANCE NO. 62 , 1977 BEING AN ORDINANCE AMENDING SECTION 16-17 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO LOCAL PUBLIC IMPROVEMENTS AND IMPROVEMENT DISTRICTS AND FEES TO BE CHARGED IN CONNECTION THEREWITH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 16-17A of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "A. Upon the completion of any local improvement and acceptance thereof by the City Council, upon the recommendation of the City Engineer, the City Engineer shall prepare a statement showing the whole cost of the improvement, including not to exceed fifteen percent (15%) for engineering, five percent (5%) for legal and publication, six percent (6%) for cost of interest during construction and seven percent (7%) additional -251- for cost of collection and of making the assessment and certifying the same to the County Treasurer for collection, and other incidentals, and including interest to the next succeeding date upon which general taxes or the first installment thereof are by the laws of the State of Colorado made payable." Introduced, considered favorably on first reading, and ordered published this 7th day of June, A.D. 1977, and to be presented for final passage on the 21st day of June, A.D. 1977. ATTES r: ity Clerk Passed and adopted on final reading this 21st day of June, A.D. 1977. ATTEST Ci y Clerk First Reading: Second Reading: Dates Published: Attest: ty Cler June 7, 1977 June 21, 1977 June 12, 1977 .! FNW-M, � FOR (Vote: Yeas: 7, Nays: 0) (Vote: Yeas: 6, Nays: 0) and June 26, 1977 Ordinance Adopted on Second Reading Regarding House Number Painting Permits Following is the City Manager's memorandum on this item: "Ordinance No. 63, 1977, was adopted on first June 7, 1977, Council meeting. This ordinance the Administration to issue the curb painting of City Council approval. The petitioner has to appeal to Council if the permit is denied." reading at the provides for permits in lieu the ability 1 -252- ' Councilman Wilkinson made a motion, seconded by Councilman Suinn to adopt Ordinance No. 63, 1977, on second reading. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED ORDINANCE NO. 63 , 1977 BEING AN ORDINANCE AMENDING SECTIONS 95-78 AND 95-79 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO PAINTING OF HOUSE NUMBERS ON CURBS ON PUBLIC STREETS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 95-78 of the Code of the City of Fort Collins be, and the same hereby is, amended by ' deleting therefrom the words "the Department of Community Development" and by substituting therefor the words "the Department of Engineering Services". Section 2. That Section 95-79 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "§ 95-79. Application for permits. "Any person desiring to obtain a permit to paint house numbers on curbs pursuant to this article shall make application for such permit to the Department of Engineering Services on a form to be supplied by that department. Such form shall indicate the disposition of any proceeds realized from the painting of house numbers on curbs and the method of soliciting for such work. The Depart- ment of Engineering Services shall grant or deny such application upon such conditions as it deems proper. In acting upon applications for a permit, the Department of Engineering Services shall give first preference to organizations which use the proceeds realized for charitable or eleemosynary purposes. If any applicant for a permit under this article is dissatisfied with -253- the action taken by the Department of Engineering ' Services, such applicant may appeal the decision of the Department of Engineering Services to the City Council by filing notice of appeal with the City Clerk within ten (10) days after the Department of Engineering Services notifies the applicant of its action on the application." Introduced, considered favorably on first reading and ordered published this 7th day of T,,,,p , A.D. 1977, and to be presented for final passage on the 21st day of June A.D. 1977. ATTEST 112 Mayor City Clerk Passed and adopted on final reading this 21st day of June , A.D. 1977. ' AV ST Mayor City Clerk First Reading: June 7, 1977 (Vote: Yeas: 7, Nays: 0) Second Reading: June 21, 1977 (Vote: Yeas: 6, Nays: 0) Dates Published: June 12, 1977 and June 26, 1977 Attest: City Clerk Ordinance Adopted on Second Reading Relating to Water Meters Following is the City Manager's memorandum on this item: -254- "Ordinance No. 64, 1977, was adopted on first reading at ' the June 7, 1977, meeting. This Ordinance provides that all new connections should have service lines, a meter box, and meter yoke regardless of whether the particular services require a water meter. The cost of providing this type of service is considerably less at this time than it would be if installed later. At some stage in the future the City will have to address the entire water meter issue." Councilman Russell made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 64, 1977, on second reading. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED ORDINANCE NO. 64 , 1977 BEING AN ORDINANCE AMENDING SECTION 112-33 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO WATER METERS AND THE CITY WATER UTILITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 112-33 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding thereto an additional subsection E as follows: "E. For all connections made to the City water utility after July 15, 1977, there shall be installed in the service line a meter box and meter yoke, regardless of whether the particular service requires a water meter. Such meter box and meter yoke shall meet the specifications required for installation of water meters where such meters are required by this article." Introduced, considered favorably on first reading, and ordered published this 7th day of June, A.D. 1977, and to be presented for final passage on the 21st day of June, A.D. 1977. -.a& xvo� ATTES Mayor ity Clerk -255- Passed and adopted on final reading this 21st day of June, A.D. 1977. A ES . City Clerk First Reading: June 7, 1977 (Vote: Yeas: 7, Nays: 0) Second Reading: June 21, 1977 (Vote: Yeas: 6, Nays: 0) Dates Published: June 12, 1977 and June 26, 1977 Attest: r lty Ulerk Ordinance Adopted on Second Reading Relating to Water and Sewer Repay Agreements Following is the City Manager's memorandum on this item: "At its June 7, 1977, meeting the City Council adopted Ordinance No. 65, 1977, on first reading. This ordinance will provide for a repay agreement in connection with developers who extend water and sewer lines across or pass 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 pro- rata share of the cost of the improvements. There will be a provision for a recovery above the actual cost due to inflation. The Administration contemplates that the actual factors will be established by rules and regulations to be adopted by the Water Utility." Councilman St. Croix stated that he was opposed to the provision for recovery above actual cost due to inflation, to be made to the developer. Councilman Suinn made a motion, seconded.. by Councilman Wilkinson to adopt Ordinance No. 65, 1977, on second reading. Yeas: Councilmembers Bloom, Gray, Russell, Suinn, and Wilkinson. Nays: Councilman St. Croix. THE MOTION CARRIED 11 1 -256- ORDINANCE NO. 65 , 1977 ' BEING AN ORDINANCE MIENDING CHAPTER 112 (ARTICLES I ANDJI) OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE WATER AND SEWER UTILITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 112-43 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "When any person constructs a water line through undeveloped areas to serve his property or constructs lines on the perimeter of his property, the entire cost of such water lines shall be paid by such person. If he has furnished the city a recapitulation of the construction costs and has entered into an agreement with the city within ninety (90) days of the completion of such water lines, then, at the time the property abutting such water line is developed and connections are made to the water line, the city may collect a charge per front -foot, and if so collected shall reimburse the original installer to the extent of the collection so made. The amount to be repaid to the person may be the original cost to the person of the excess extension plus -any amount added pursuant to the agreement ' with the person to recognize the effects of inflation. However, in no event shall the amount to be collected be less than the original construction cost. A person's right to reimbursement under the provisions of this section shall not exceed a period of ten (10) years from execution of the agreement. The City Council may approve an extension to the agreement exceeding ten (10) years." Section 2. That Section 112-72G of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "G. When any person constructs a sewer through undeveloped areas to serve his property or constructs lines on the perimeter of his property, the entire cost of such sewer lines shall be paid by such person. If he has furnished the City a recapitulation of the construction costs and has entered into an agreement with the city within ninety (90) days of the completion of such sewer lines, then, at the time the property abutting such sewer is developed and connections are made to the sewer, the city may collect a charge per front -foot, and if so collected shall reimburse the original installer to the extent of the collection so made. The amount to be repaid to the person may be the original cost to the person -257- of the excess extension plus :iuy amount added pursuant to the agreement with the person to recognize the effects of inflation. However, in no event shall the amount to be collected by less than the original construction cost. A person's right to reimbursement under the provisions of this section shall not exceed a period of ten (10) years from execution of the agreement. The City Council may approve an extension to the agreement exceeding ten (10) years." Introduced, considered favorably on first reading, and ordered published this 7th day of June , A.D. 1977, and to be presented for final passage on the 21st day of June , A.D. 1977. ATTEST: et ''. City Clerk Passed and adopted on final reading this 21st day of June, A.D., 1977. Mayor ATTEST: Citv Clerk First Reading.: Second Reading: Dates Published Attest: City Clerk June 7, 1977 (Vote: Yeas: 7, Nays: 0) June 21, 1977 (Vote: Yeas: 5, Nays: 1) June 12, 1977 and June 26, 1977 1 -258- Ordinance Adopted on Second Reading Relating to Plant Investment Fees and Tap Charges in the Water Utility Following is the City Manager's memorandum on this item: "At its June 7, 1977, meeting the Fort Collins City Council adopted Ordinance No. 66, 1977 on first reading. This ordinance provides for a 50% increase in the water investment fee. This would place the City's rapid growth on a very nearly self-sustaining basis with an estimated $8 million in projected income over the next five and one-half years to cover an estimated $10,578,000 in capital expenditure relating to growth. This proposed increase has been reviewed with representatives of 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, districts, and larger cities in the state changed the Fort Collins fee from just below average to just above average. A number of intermediate -size cities near Denver have higher fees." Councilwoman Gray made a motion, seconded by Councilman St. Croix to adopt Ordinance No. 66, 1977, on second reading. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED ORDINANCE* NO. 66 , 1977 BEING AN ORDINANCE AMENDING SECTION 112-64 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO PLANT INVESTMENT FEES AND TAP CHARGES REQUIRED TO CONNECT TO THE CITY WATER UTILITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 112-64 of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting therefrom the table contained therein and by substituting therefor the following: .259- "Size of Tap at Main Exclusive of Demand for Metered Users Flat Rate Users Fire Plant Plant Protection Investment Investment (inches) Fee Fee Tap Charge 3/4 $ 1,275.00 $ 1,100.00 $145.00 1 2,115.00 1,840.00 180.00 1-1/2 4,044.00 320.00 2 6,440.00 450.00 3 12,100.00 475.00 4. 20,250.00 475.00 6 43,925.00 650.00" Introduced, considered favorably on first reading, and ordered published this 7th day of June, A.D. 1977, and to be presented for final passage on the 21st day.of June, A.D. 1977. ATTEST - City C erk Mayor Passed and adopted on final reading this 21st day of June, A.D. 1977. ATTES Mayor ity Clerk First Reading: June 7, 1977 (Vote: Yeas: 7, Nays: 0) Second Reading: June 21, 1977 (Vote: Yeas: 6, Nays: 0) Dates Published: June 12, 1977 and June 26, 1977 Attest: City Clerk 1 L -260- Ordinance Adopted on Second Reading Relating to Construction Rates for Water and Sanitary Sewer Service Following is the City Manager's memorandum on this item: "Ordinance No. 67, 1977, was adopted on first reading at the June 7, 1977, meeting. This 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 Department. This action will make billing more equitable. In February, 1973, by Resolution 73-90, the City Council initiated a policy whereby the minimum charge established in the rate structure for utilities shall be imposed from the date of granting any tap regardless of the time of connection to the utility by the customer. This charge applies to both water and sewer service. The intent of the Resolution would discourage the wholesale purchase of taps prior to an increase in the utility investment fee. The payment of these fees is now timed to the taking of building permits and the taps are purchased individually." Councilman Suinn made a motion, seconded by Councilman Russell to adopt Ordinance No. 67, 1977, on second reading. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED ORDINANCE N0. 67, 1977 BEING AN ORDINANCE AMENDING CHAPTER 112 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO RATES FOR WATER AND SANITARY SEWER SERVICE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Article I of Chapter 112 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding thereto after Section 112-56 an additional Section 112-56A as follows: "S 112-56A. Construction rate. "A construction rate for water service shall be charged in connection with any new tap issued, which rate shall apply from the time a water tap is granted in connection with new construction until the time that occupancy of the structure being constructed is permitted by the Building Department. The construction rate shall be -261- one-half (1/2) of the applicable flat rate or minimum metered rate unless the water delivered through the meter for any billing period is in excess of the amount allowed for the minimum charge, in which case the normal meter rate will be the construction rate for that billing period." Section 2. Article II of Chapter 112 of the Code of the City of Fort Collins is changed by adding after Section 112-82 an additional Section 112-82A as follows: "S 112-82A. Construction rate. "During the construction period for any structure for which a sanitary sewer tap is issued, there shall be no charge for the sewer tap and charges for sanitary sewer service shall commence on the date occupancy of the structure is permitted by the City Building Department. (Exception - For any billing period during the time before occupancy of the structure is permitted by the Building Department when a charge for water service in excess of the applicable minimum is made as provided in S 112-56A, the applicable charge as provided in S 112- 82.tor sanitary sewer service shall be made." - introduced, considered favorably on first reading, and ordered published this nth day of June , A.D. 1977, and to be present�or final passage on t 21st day of June , A.D.4977. ATTEST ty Ciler Passed and adopted on final reading this June , A.D. 1977. . ATTES C ty C 21st day of 1 1 -262-- 1 First Reading: Second Reading: Dates Published Attest: i ity cler June 7, 1977 June 21, 1977 June 12, 1977 (Vote: Yeas: 7, (Vote: Yeas: 6, and June 26, 1977 Ordinance Adopted as Amended on Second Reading Relating to Rates For Water Service Nays: 0) Nays: 0) Following is the City Manager's memorandum on this item: "At its June 7, 1977, meeting the City Council adopted Ordinance No. 68, 1977, on first reading. This Ordinance provides for an approximate 25% increase in City water rates. 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 proposed increase is due to the Joe Wright Reservoir and other necessary capital projects coupled with the increasing costs of treating and delivering water. This entire matter was discussed extensively at the May 24, 1977, Council work session. The Ordinance and the 6-year projected budget are based upon a 3-month reserve." City Attorney March stated that there had been a request in the Water Utility to amend the Ordinance to correct some figures. Director of Water and Sewer Utilities, Roger Krempel, explained that the figur.4e $4.50 in Section 1, Paragraph E, should be changed to $50 and affects only small lots in the City. The second change would amend Section 2 A (1) (b) by changing the first figure in the Monthly Minimum Charge column from $4.70 to $4.65. Councilman Suinn made a motion, seconded by Councilwoman Gray to amend the Ordinance as proposed. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED -263- Councilwoman Gray made a motion, seconded by Councilman ' Russell to adopt Ordinance No. 68, 1977, as amended on second reading. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED ORDINANCE NO. 68 , 1977 BEING AN ORDINANCE AMENDING SECTIONS 112-52 AND 112-55 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO RATES FOR WATER SERVICE THROUGH THE CITY WATER UTILITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 112-52 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "J 112-52. Flat rates for unmetered water use. "The following flat rates shall be charged on a monthly basis for the use of water from the water utility when the use is not metered. ' "A. For each family living unit, four dollars and sixty- five cents ($4.65). "B. For each lot having an area between six thousand (6,000) and nine thousand (9,000) square fee, an additional four dollars ($4.00). "C. For each lot having an area over nine thousand (9,000) square feet, an additional eight cents ($0.08) per one hundred (100) square feet in excess of nine thousand (9,000) square feet. "D. For each lot having an area under six thousand (6,000) square feet, a deduction of eight cents ($0.08) per one hundred (100) square feet under six thousand (6,000) square feet. "E. The rate to be charged for such flat rate use shall be the sum of the amounts determined pursuant to the applicable portions of Subsections A through D above, except that no flat rate user shall be charged less than the monthly minimum charge per family living unit, which minimum shall be,five dollars and forty cents. . ($5.40). -264- Section 2. That Section 112-55A of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "S 112-55. Meter rate schedules. "A. Schedule A: Inside City Metered Rates. "(1) Minimum charge. The monthly minimum charge for all metered users shall be as follows: "(a) Residential customers, four dollars and sixty-five cents ($4.65) for the first dwelling unit, and two dollars and eighty cents ($2.80) for each additional dwelling unit. "(b) Nonresidential customers: Meter Size Monthly (in inches) Minimum Charge 3/4 $ 4.65 1 7.80 1 1/2 15.60 2 25.00 3 46.90 4 78.15 6 156.25 8 250.00 "(2) The minimum charge determined pursuant to Subsection A(1) above will entitle any nonresidential user to two thousand (2,000) gallons of water per month without additional charge and will entitle any residential customer to two thousand (2,000) gallons of water per month times the number of dwelling units served. The charge to be made for all water taken through the meter after the allowance for the minimum charge shall be charged for at the rate of thirty-eight cents ($0.38) per one thousand (1,000) gallons." Introduced, considered favorably on first reading and ordered published this 7th day of June, A.D., 1977, and to be presented for final passage on the 21st day of June, A.D., 1977. ATTEST: City Clerk , -265- Passed and adopted on final reading this 21st day of June, A.D., 1977. ATTEST: OIZ6� -Z' City Clerk wo"101 _�•�i NA First Reading: June 7, 1977 (Vote: Yeas: 7, Nays: 0) Second Reading: June 21, 1977 (Vote: Yeas: 6, Nays: 0) Dates Published: June 12, 1977 and June 26, 1977 Attest: 1. City Clerk Ordinance Tabled on Second Reading Rezoning Part of the Miller -Wainwright Associates Evergreen Park Following is the City Manager's memorandum on this item: "Ordinance No. 69, 1977, was adopted on first reading at the June 7, 1977, meeting. The Miller -Wainwright Associates Evergreen Park rezoning consists of 75.8 acres located between College and Redwood Street. The three properties involved are not contiguous. This request is to rezone 41.056 acres from R-P (Planned Residential District) to I-P (Industrial Park District). This property is located south of the proposed Central Fort Collins Expressway. The Planning and Zoning Board by a five .to zero vote recommended for approval of the requested rezoning." City Manager Brunton stated that the whole Council had received two letters from the Millers regarding development in the north part of town. City Attorney March stated, for the record, that as he understood the situation, the Council was agreeable to the rezonings requested by the Millers because of the establishment of the corridor. He stated further, "If I understand their letter correctly, and some statements that have been attributed to them, it would appear that they intend to ignore the corridor and to go ahead and press for development throughout the site, including -266- ' the corridor. It would not seem to make sense to grant them zoning which is premised on the expressway corridor being located as it has been, and at the same time leave them free to press for development of the corridor as well... and I think they would have the right to press for development until the state actually acquires that corridor for the expressway. So, to the extent that your (City Council's) action on these rezonings in the past was based on an under- standing that the corridor was fixed, I think this matter should be tabled until we reach an agreement setting out the perimeters of the entire problem so that everybody knows what we are doing and why we are doing it." City Manager Brunton recommended that this item be tabled to the June 28, 1977, work session. Mayor Bloom declared that he would call a Special Meeting for June 28, 1977. Councilwoman Gray made a motion, seconded by Councilman Wilkinson to table the second reading of this Ordinance to the June 28, 1977, Adjourned Meeting. Yeas: Council - members Bloom, Gray, Russell, St. Croix, and Wilkinson. Nays: Councilman Suinn. THE MOTION CARRIED Ordinance Tabled on Second Reading Rezoning a Portion of the Miller -Wainwright Associates Evergreen Park Councilman Wilkinson made a motion, seconded by Councilwoman Gray to table Ordinance No. 70, 1977, on second reading to the Adjourned Meeting of June 28, 1977. Yeas: Council - members Bloom, Gray, Russell, St. Croix, and Wilkinson. Nays: Councilman Suinn. THE MOTION CARRIED Ordinance Tabled on Second Reading Rezoning Part of the Miller -Wainwright Associates Evergreen Park Councilwoman Gray made a motion, seconded by Councilman Wilkinson to table Ordinance No. 71, 1977, on second reading to the Adjourned Meeting of June 28, 1977. Yeas: Council - members Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED -267- Ordinance Adopted on Second Reading Annexing ' the Greenwalt Tenth Annexation Following is the City Manager's memorandum on this item: "At the June 7, 1977, meeting the City Council adopted Ordinance No. 72, 1977, on first reading. This Annexation consists of 73.3 acres located at the southwest corner of East Drake and Timberline Road. The requested zoning is R-L (Low Density Multiple -Family District). The Planning and Zoning Board's major concern is over the City's overall annexation policy. The Board voted three to three on the issue of annexation and zoning." Councilman Wilkinson made a motion, seconded by Councilman St. Croix to adopt Ordinance No. 72, 1977, on second reading. Yeas: Councilmembers Bloom, Russell, St. Croix, and Wilkinson. Nays: Councilmembers Gray and Suinn. THE MOTION CARRIED ORDINANCE NO. 72 , 1977 BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE ' GREENWALT TENTH ANNEXATION TO THE CITY OF FORT COLLINS WHEREAS, heretofore, a written petition, together with six prints of an annexation map was filed with the City Clerk of the City of Fort Collins requesting the annexation of certain territory more particularly described below to the City; and WHEREAS, the City Council has found and determined and does hereby find and determine that said petition is in substantial compliance with the provisions of Colorado Revised Statutes, 1973, Section 31-8-107 as amended; and WHEREAS, the owners of 100% of the property to be annexed have petitioned for said annexation; and WHEREAS, not less than one -sixth (1/6th) of the perimeter of the area to be annexed is contiguous with the City of Fort Collins and a community of interest exists between the territory to be annexed and the City of Fort Collins and the territory to be annexed is urban or will be urbanized in the near future and such territory is integrated or is capable of being integrated with the City of Fort Collins; and ' WHEREAS, none of the provisions of Colorado Revised Statutes, 1973, Section 31-8-105 as amended, are violated by the annexation of this territory to the City; and WHEREAS, no election is required under the provisions of Colorado Revised Statutes, 1973, Section 31-8-107(2) as amended, and no additional terms and conditions are to be imposed in connection with this annexation; and WHEREAS, the territory is eligible for annexation and the City Council desires to annex the same to the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That all of the territory more particularly described as situate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the Northeast 1/4 of Section 30, Township 7 North, Range 68 West of the Sixth P.M., Larimer County, Colorado, which is contained within the boundary lines which begin at the Northeast corner of said Section 30, an$ run thence along the East line of said Northeast 1/4, S 00 25' W 2648.49 feet to the East 1/4 corner of said Section 30; thence along the South line of said Northeast 1/4, N 89 15'55" W 1206.67 feet to the West right-of-way line of the Union ' Paci�ic Railroad; thence along said West right-of-way line, N 00 25'15" E 2642.67 feet to the North line of said Northeast 1/4; thence along said North line, N 89°51'30" E 1206.50 feet to the point of beginning, containing 73.2787 acres, more or less. be and the same hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Greenwalt Tenth. Annexation. Section 2. That in annexing said territory to the City of Fort Collins, the City of Fort Collins does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or, utilities in connection with territory hereby annexed except as may be provided by the ordinances of the City of Fort Collins. Section 3. Within ninety (_901 days from the date this ordinance becomes effective, no building permit shall be issued for any of the lands herein described unless said lands have been zoned under the zoning ordinances of the City. -269- Introduced, considered favorably on first reading and ordered published this 7th day of June, A.D, 1977, and to be presented for final passage on the 21st day of June, A.D. 1977. ATTEST: City Clerk Passed and adopted on final reading this2lst ATTEST: City Clerk First Reading: June 7 Second Reading: June Dates Published: June Attest: Aty cle , 1977 (Vote: 21, 1977 (Vote: 12, 1977 and June of June, A.D. 1977. Yeas: 5, Nays: 2) Yeas: 4, Nays: 2) 26, 1977 Ordinance Adopted on Second 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 located on the west side of Timberline Road immediately south of the Greenwalt Tenth Annexation and north of the Platte River Power site. The requested zoning in this case is I-P (Industrial Park District). ' -270- The Planning and Zoning Board had a three to three split ' vote on this issue annexation and zoning. Their reasons are the same as for the Greenwalt Tenth Annexation." Councilman St. Croix made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 73, 1977, on second reading. Yeas: Councilmembers Bloom, Russell, St. Croix, and Wilkinson. Nays: Councilmembers Gray and Suinn. THE MOTION CARRIED BEING AN ORDONANCENCE ANNEOING ROPERTY7KNOWN AS THE NELSON SECOND ANNEXATION TO THE CITY OF FORT COLLINS WHEREAS, heretofore, a written petition, together with.four prints of an annexation map was filed with. the City Clerk of the City of Fort Collins requesting the annexation of certain territory more particularly described below to the City; and WHEREAS, the City Council has found and determined and does hereby find and determine that said petition is in substantial compliance with the ' provisions of Colorado Revised Statutes, 1973, Section 31-8-107 as amended; and WHEREAS, the owners of 100% of the property to be annexed have petitioned for said annexation; and WHEREAS, not less than one -sixth (1/6th) of the perimeter of the area to be annexed is contiguous with the City of Fort Collins and a community of interest exists between the territory to be annexed and the City of Fort Collins and the territory to be annexed is urban or will be urbanized in the near future and such territory is integrated or is capable of being integrated with the City of Fort Collins; and WHEREAS, none of the provisions of Colorado Revised Statutes, 1973, Section 31-8-105 as amended, are violated by the annexation of this territory to the City; and WHEREAS, no election is required under the provisions of Colorado Revised Statutes, 1973, Section 31-8-107(2) as amended, and no additional terms and 'conditions are to be imposed in connection with this annexation; and WHEREAS, the territory is eligible for annexation and the City Council desires to annex the same to the City of Fort Collins. I NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: -271- Section 1. That all of the territory more particularly described as I situate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the Southeast 1/4 of Section 30, Township 7 North, Range 68 West of the Sixth P.M., Larimer County, Colorado, which considering the East line of said Southeast 1/4 as bearing S 00 26'30" W and with all bearings contained herein, relative thereto, is contained within the boundary lines which begin at the East 1/4 corner of said Section 30 and run thence along said East line S 00 26'30" W 1527.80 feet; thence N 89 44'29" W 1205.87 feet to a point on the West right-of-way line of the Union Pacific Railroad; thence along said West right- of-way line, N 00°24'43" E 1525.19 feet to a point on the East- West centerline gf said Section 30; thence along said East-West centerline, S 89 51155" E 1206.67 feet to the point of beginning, containing 42.2715 acres, more or less. be and the same hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Nelson Second Annexation, Section 2. That in annexing said territory to the City of Fort Collins, the City of Fort Collins does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, ' streets or any other services or utilities in connection with territory hereby annexed except as may be provided by the ordinances of the City of Fort Collins. Section 3. Within ninety (90) days from the date this ordinance becomes effective, no building permit shall be issued for any of the lands herein described unless said lands have been zoned under the zoning ordinances of the City. Introduced, considered favorably on first reading and ordered published this 7th day of June, A.D. 1977, and to be presented for final passage on the 21st day of June, A.D. 1977. ATTES� .. City Clerk F -272- Passed and adopted on final reading this 2j#t days of June, A.D, 1977.. ATTEST: r tty er First Reading: June 7, 1977 (Vote: Yeas: 5, Nays; 2) Second Reading: June 21, 1977 (Vote: Yeas: 4, Nays: 2) Dates Published: June 12, 1977 and June 26, 1977 Attest: City Clerk Ordinance Adopted on Second Reading Annexing the Granada Heights Annexation Following is the City Manager's memorandum on this item: "Ordinance No. 74, 1977, was adopted on first reading at the June 7, 1977, Council meeting. This 23.8 acres is located on the north side of Vine Drive west of North Shields Street. The petitioner had requested R-M (Medium Density Residential District) and R-L-M (Low Density Multiple -Family District) 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. The Planning and Zoning Board voted in favor of the annexation and the staff recommendations concerning zoning designations." Councilwoman Gray made a motion, seconded by Russell to adopt Ordinance No. 74, 1977, on Yeas: Councilmembers Bloom, Gray, Russell, Wilkinson. Nays: Councilman Suinn. THE MOTION CARRIED Councilman second reading. St. Croix, and -273- 14 ORDINANCE NO. 74, 1977 BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE GRANADA HEIGHTS ANNEXATION TO THE CITY OF FORT COLLINS WHEREAS, heretofore, a written petition, together with four prints of an annexation map was filed with the City Clerk of the City of Fort Collins requesting the annexation of certain territory more particularly described below to the City; and WHEREAS, the City Council has found and determined and does hereby find and determine that said petition is in substantial compliance with the provisions of Colorado Revised Statutes, 1973, Section 31-8-107 as amended; and WHEREAS, the owners of 100% of the property to be annexed have petitioned for said annexation; and WHEREAS, not less than one -sixth (1/6th) of the perimeter of the area to be annexed is contiguous with the City of Fort Collins and a community of interest exists between the territory to be annexed and the City of Fort Collins and the territory to be annexed is urban or will be urbanized in the near future and such territory is integrated or is capable of being integrated with the City of Fort Collins; and WHEREAS, none of the provisions of Colorado Revised Statutes, 1973, Section 31-8-105 as amended, are violated by the annexation of this territory to the City; and WHEREAS, no election is required under the provisions of Colorado Revised Statutes, 1973, Section 31-8-107(2) as amended, and no additional terms and conditions are to be imposed in connection with this annexation; and WHEREAS, the territory is eligible for annexation and the City Council desires to annex the same to the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That all of the territory more particularly described as situate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the Southeast 1/4 of Section 3, Township 7 North, Range 69 West of the Sixth P.M., Larimer County, Colorado, which considering the South line of the said Southeast 1/4 as bearing due West and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the South line of the said Southeast 1/4 which bears West 314.00 feet from the Southeast corner of said Section 3 and run 8hence West 1017.00 feet along the said South line; thence N 00 06130" W 1240.63 feet along the West lone of the Southeast 1/4 of the said South- east 1/4; thence S 65 38' E 1460.37 feet along the Southerly right-of-way line of the Colorado and Southern Railroad; thence i -274- S 00016'30" E 15.00 feet abong the East line of the said So8theast 1/4; thence S 86 12' W b72.00 feet; thence N 73 25' W 198.35 feet; thence S 00 16'30" � 318.61 feet; thence S 35 00' E 75.00 feet; thence S 00 16'30" E 286.86 feet to the point of beginning, containing 23,8389 Acres, more or less.. be and it hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Granada Heights Annexation, Section 2. That in annexing said territory to the City of Fort Collins, the City of Fort Collins does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with territory hereby annexed except as may be provided by the ordinances of the City of Fort Collins. Section 3. Within ninety (90) days from the date this ordinance becomes effective, no building permit shall be issued for any of the lands herein described unless said lands have been zoned under the zoning ordinances of the City. Introduced, considered favorably on first reading and ordered published this 7th day of June, A.D. 1977, and to be presented for final passage on the 21st day of June, A.D, 1977. ATTEST: Passed and adopted on final reading this21st day of June, A.D. 1977, ATTEST- City Clerk First Reading: June 7, 1977 ' Second Reading: June 21, 1977 Dates Published: June 12, 1977 Attest: City Clerk -275- (Vote: Yeas (Votd: Yeas and June 26, 4 7, Nays: 0) 5, Nays: 1) 1977 Ordinance Adopted on Second Reading Zoning the Granada Heights Annexation ' Following is the City Manager's memorandum on this item: "This Ordinance accomplishes the zoning for the Granada Heights annexation. Although the petitioner originally requested R-M zoning for a portion of the tract, the petitioner agreed to R-M-P zoning for this portion at the Planning and Zoning Board hearing and this was recommended by the Board and the staff. On first reading the Council amended the ordinance to provide R-M-P Zoning for the portion originally requested for R-M. The remainder of the tract is zoned R-L-M." Councilman Wilkinson made a motion, seconded by Councilman Suinn to adopt Ordinance No. 75, 1977, on second reading. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED ORDINANCE NO. 75 , 1977 BEING AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE OF THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING ' ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE. PROPERTY KNOWN AS THE GRANADA HEIGHTS ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS; Section 1. That the Zoning District Map adopted by Chapter 118 of the Code of the City of Fort Collins, be and the same hereby is changed and amended by including the property known as the Granada Heights Annexation to the City of Fort Collins, Colorado, in the R-M-P, Medium Density Planned Residential District and. the R-L-M,_Low Density Multiple -Family District, as follows: Cal R-M-P, Medium Density Planned Residential District A tract of land situate in the Southeast 1/4 of Section 3, Township 7 North, Range 69 West of the Sixth P.M., Larimer County, Colorado, which considering the south line of the said Southeast 1/4 as bearing due West and with all bearings contained herein, relative thereto, is contained within the boundary lines which begin at a point on the said South line which bears West 314.00 feet from the Southeast corner of said Section 3 and run thence West 320.00 feet along said South line; thence N ' 00 16'30" W 925.90 feet; thence S 65 38' E 697.51 feet -276- along the Southerly line of the Colorado and Southern ' Railroad; thence S 00 16'30" E 15.00 feet along the East line of the said Rutheast 1/4; thence S 86 12' � 172.00 feet; thence N 73 25' W 19g.35 feet; thence S 00 16130" E g18.61 feet; thence S 35 00' E 75.00 feet; thence S 00 16'30" E 286.86 feet to the point of beginning, con- taining 6.5441 acres, more or less. (bl R-L-M, Low Density Multiple -Family District. A tract of land situate in the Southeast 1/4 of Section 3, Township 7 North, Range 69 West of the Sixth P.M., Larimer County, Colorado, which considering the South line of the said Southeast 1/4 as bearing due West and with all bearings contained herein, relative thereto, is contained within the boundary lines which begin at a point on the said South line which bears West 634.00 feet from the South- east corner of said Section 3 and run t�ence West 697.00 feet along said South line; thence N 00 06'30" W 1240.63 feet along the West line og the Southeast 1/4 of the said Southeast 1/4; thence S 65 38' E 762.86 feet along the Southerly right-of-wat line of the Colorado and Southern Railroad; thence S 00 16130" E 925.90 feet to the point of beginning. containing 17.2948 acres, more or less. Section 2. The City Engineer is hereby authorized and directed' to amend said Zoning District Map in accordance with this ordinance. Introduced, considered favorably on first reading and ordered published this 7th day of June, AD. 1977, and to 6e presented for Passed and adopted on final reading this2lst day of June, A.D. 1977. ATTEST: 1 City Clerk -277- First Reading: Second Reading: Dates Published Attest: City Clerk June 7, 1977 June 21, 1977 June 12, 1977 (Vote: Yeas: (Vote: Yeas: and June 26, 7, Nays: 0) 6, Nays: 0) 1977 Ordinance Adopted on Second Reading Creating and Organizing Consolidated Street Improvement District No. 72 Following is the City Manager's memorandum on this item: "Ordinance No. 76, 1977, was adopted on first reading at the June 7, 1977, Council meeting,. This Ordinance provides for the 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 is already improved to City specifications. At its May 3, 1977, meeting the City Council passed the necessary resolutions to initiate proceedings for formation of a Street Improvement District. In the meantime, staff met with Everitt Enterprises, Inc., the developer of a substantial portion of the lands abutting Lemay Avenue. Because of different ownerships within their lands and the difficulty of handling assessment districts in areas where subdivisions are being developed, it was agreed that the street adjoining these lands be excluded from the Improvement District. Instead, an agreement was negotiated under which the improvements adjoining the Everitt lands will be paid for and constructed at the same time as the District improve- ments, but the funding will be provided directly by Everitt on a cash basis." Mayor Bloom stated that he would like the record to show that on this item and the next, that he had turned the meeting over to Councilman Suinn. Councilman St. Croix made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 76, 1977, on second reading. Yeas: Councilmembers Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. (Councilman Bloom out of room) THE MOTION CARRIED 1 1 -278- ' ORDINANCE NO. 76 , 1977 BEING AN ORDINANCE RELATING TO THE CREATION AND ORGAN- IZATION OF CONSOLIDATED STREET IMPROVEMENT DISTRICT NO. 72, AND PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN WHEREAS, heretofore the necessary proceedings were instituted to create a special improvement district for the purpose of installing the improvements described on Exhibit "A" attached hereto (hereinafter sometimes referred to as "the improvements") for the benefit of the property described on Exhibit "A"; and WHEREAS, the City Council has received the necessary reports, given the required notice and held a hearing as required by the Ordinances of the City; and ° WHEREAS, the Director of Engineering Services has recommended to the City Council that portions of the proposed improvements be deleted from the district, such portions being the improvement of that portion of the West side of ' Lemay Avenue from the intersection of Lemay Avenue with the North line of Scotch Pines Fourth Filing, South to the intersection of Lemay Avenue with the South line of Replat of Tract N, Southmoor Village, Fourth Filing, and the improve- ment of the East side of Lemay Avenue from the West 1/4 corner of Section 30, Township 7 North, Range 68 West of the 6th P.M. to a point 1,313 feet South of such West 1/4 corner; and WHEREAS, the City Council is of the opinion that the recommendation of the Director of Engineering Services should be followed and that it is in the best interests of the City of Fort Collins to form said special improvement district for the purpose of installing the improvements on the remaining portions of the proposed district as hereinafter described. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That there is hereby created and organized an improvement district under and by virtue of the provisions of Chapter 16 of the Code of the City of Fort Collins, to be known as Consolidated Improvement District No. 72 (hereinafter ' sometimes referred to as "the district") comprised of the property described on Exhibit "A" attached -hereto. -279- Section 2. That the improvements to be constructed ' shall consist of the improvements described on Exhibit"A" attached hereto, all as more fully set forth in the map, plans and specifications heretofore submitted by the City Engineer and accepted by the City Council by resolution. Section 3. That the total cost of such improvements shall not exceed by more than five per cent (5%) the City Engineer's estimate heretofore accepted of $335,560.34 , exclusive of the expense of collection, legal, advertising, engineering, financing, interest during construction and other incidentals, and that said total cost together with such expense of collection, legal, advertising, engineering, financing, interest during construction and other incidentals (17% of the cost of such improvements) shall be assessed against the property in said district in the manner set forth on Exhibit "A" attached hereto in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins. Section 4. That the City Council has, pursuant to notice duly mailed and published, all as provided in Chapter 16 of the Code of the City of Fort Collins, considered all complaints and objections made and filed in writing by the ' owners of any real estate to be assessed or any persons interested; and the City Council further finds that all requirements of the ordinances of the City of Fort Collins respecting the organization of the district have been observed and compiled with in all respects; and it is hereby ordered that the improvements in the district as provided for in the map, plans and specifications heretofore adopted by the City Council be and they hereby are ordered to be constructed, except for that portion of Lemay Avenue no longer included in the district. Section 5. Upon the taking effect of this ordinance, the Mayor is hereby authorized and empowered to advertise for bids for the construction of the improvements in accord- ance with the map, plans and specifications heretofore adopted, which advertisement shall be twice published in an official newspaper published in the City. Said publications are to be at least a week apart, and the date for opening of bids shall not be less than ten (10) days after first publica- tion, and bids received under said advertisement shall be submitted to the Council for approval or rejection. Adver- tisements for bids shall comply with the requirements and be in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins. ' ' Section 6. When the improvements herein authorized have been completed and the same approved and acepted by the City of Fort Collins, the costs as set forth above shall be assessed upon the real property in said improvement district, all as hereinbefore set forth. Section 7. This ordinance shall be irrepealable until the indebtedness herein provided for, whenever the same shall be created, shall have been duly paid, satisfied and discharged as herein provided. 0 Introduced, considered ordered published this 7th presented for final passage 1977. ATTEST: City C erk favorably on first reading, and day of June, A.D. 1977, and to be on the 21st dAy of June, A.D. Passed and adopted on final reading this 21st day of June, A.D. 1977. ATTEST: - xoo�0-14rld City Clerk -281- EXHIBIT A ' ORDINANCE NO. 76_, 1977 CONSOLIDATED STREET IMPROVEMENT DISTRICT NO. 72 A. Description of property specially benefited by the improvements to be installed in the district and to be assessed for the costs incurred in making said improvements: All property abutting the streets to be improved in the district as follows: (1) The North 1/2 of Drake Road from -Stover Street East to the East boundary of the Cottonwood Subdivision. (2) The South 1/2 of Drake Road from the East boundary of Scotch Pines Subdivision, Sixth Filing, East to Lemay Avenue. (3) The West 1/2 of Lemay Avenue from the inter- I section of Lemay Avenue with the North line of Scotch Pines, Fourth Filing, North to Drake Road. (4) The East 1/2 of Lemay Avenue from Drake Road South to a point 1,596.64 feet North of the West 1/4 of Section 30, Township 7 North, Range 68 West of the 6th P.M. B. Improvements to be installed in the district consist of: Installation of concrete curb, gutter and sidewalk, asphalt street pavement, street lighting and storm drainage facilities. C. The cost of making the improvements in the district shall be assessed against the assessable property in the district as follows: Upon all of the lots and lands abutting on the streets improved in proportion as the frontage of each lot or tract of land is to the frontage of all lots and lands so improved, with each street specifically itemized in A above to be considered a separate unit for purposes of assessment. ' "W.I' :A First Reading: June 7, 1977 (Vote: Yeas: 7, Nays: 0) Second Reading: June 21, 1977 (Vote: Yeas: 5, Nays: 0) Dates Published: June 12, 1977 and June 26, 1977 ' Attest: City C er Ordinance Adopted on First Reading Vacating a Portion of the Right of Way of Drake Road and a Portion of Right of Way of Lemay Avenue Following is the City Manager's memorandum on this item: "At the June 7, 1977, meeting the City Council discussed the possible vacation of part of Drake Road and Lemay Avenue to Woodward Governor. Woodward Governor would like to put a decorative fence on the property line or immediately adjacent to the sidewalk. This would require a vacation of approximately two and one-half feet on Lemay Avenue and four and one-half on Drake Road. This vacation would help the ground maintenance program and also resolve the liability question. At the June 7 meeting the Council e directed the City Attorney to prepare an ordinance vacating the aforementioned property." City Attorney March reported that he had been informed that there may be some utilities now within the area being vacated. In any event, street lights will need to be installed. He therefore recommended passage of the Ordinance and that the required easement will be procured. Councilman Wilkinson made a motion, seconded by Councilman St. Croix to adopt Ordinance No. 77, 1977, on first reading. Yeas: Councilmembers Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Bloom out of room) THE MOTION CARRIED Ordinance Adopted on First Reading Zoning the Greenwalt Tenth Annexation Following is the City Manager's memorandum on this item: -283- "It is anticipated that the Council will adopt Ordinance No. 72, 1977, annexing the Greenwalt Tenth Annexation on second reading at the June 21, 1977, meeting. The requested zoning is R-L (Low Density Multiple -Family District)." Councilman St. Croix made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 78, 1977, on first reading. Yeas: Councilmembers Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Bloom out of room.) THE MOTION CARRIED Ordinance Defeated on First Reading Zoning the Nelson Second Annexation Following is the City Manager's memorandum on this item: "Ordinance No. 73, 1977, provides for the annexation of the Nelson Second Annexation. The requested zoning is for I-P (Industrial Park District). Again, the Planning and Zoning Board had a three to three split vote on this issue of annexation and did not pass on the zoning question." Councilman Suinn made a motion, seconded by Councilman St. Croix to adopt Ordinance No. 79, 1977, on first reading Yeas: Councilmembers St. Croix and Suinn. Nays: Council - members Bloom, Gray, Russell, and Wilkinson. THE MOTION WAS DEFEATED Ordinance Adopted on First Reading Relating to Utility Investment Fees and Tap Charges Required to Connect to City Sewer Utility Following is the City Manager's memorandum on this item: "The City Council previously directed us to annually review and make recommendations with regard to the sewer and water utility investment fees. Because of the substantial capital improvement program undertaken by the Water Utility Department, the water utility investment fee must be drastically increased. -284- ' There is less of a need at this time for a major increase in the sewer utility investment fee. Enclosed is a memo- randum from Roger E. Krempel, Water Utility Director, in regard to this matter. If and when the discharge provisions of Federal law go into existence, we will have to re-evaluate all fees and charges. The developer's committee of the Fort Collins Water Board and the Board as a whole both reviewed the staff's recommendations with regard to increases in sewer utility investment fee. We used the Engineering News Record Index in our analysis, and the recommended change is a 15.27% increase." Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 85, 1977, on first reading. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None THE MOTION CARRIED Change in Name of Public Property Approved ' Following is the City Manager's memorandum on this item: "At its June 5, 1977, meeting the Cultural Resources Board discussed the conflict between the Lincoln Park site of our new Library and Museum and the Lincoln Community Center (old Lincoln Junior High School site). The Cultural Resources Board recommended that Lincoln Park be changed to Pioneer Park, and that the site of the indoor swimming pool and Lincoln Community Center be changed to Lincoln Park." Councilman Suinn made a motion, seconded by Councilman Russell that the current site of the indoor swimming pool and the Lincoln Community Center be changed to Lincoln Square. Yeas: Councilmembers Bloom, Russell, St. Croix, Suinn and Wilkinson. Nays: Councilmember Gray. THE MOTION CARRIED Councilman St. Croix made a motion, seconded by Councilman Wilkinson that the site of the Library (Lincoln Park) be changed to Library Park. Yeas: Councilmembers Bloom, Russell, St. Croix, and Wilkinson. Nays: Councilmembers ' Gray and Suinn. THE MOTION CARRIED -285- Approval of Policies on Accepting Gifts and ' Loans at the Various Fort Collins Community Cultural Centers Granted Following is the City Manager's memorandum and recommendation and the memorandum from the Cultural Resources Board: "Enclosed is a memorandum from our Cultural Resources Board regarding the acceptance of gifts and loans for exhibits and artifacts. This is an excellent policy. We definitely need guidelines as to what gifts and loans should be accepted at the Lincoln Community Center, the Fort Collins Community Building, or other facilities under the advisory respons- ibility of the Cultural Resources Board. It should be remembered that the Cultural Resources Board is an advisory body and not an administrative board; however, in such areas they can accomplish a more thorough coordinated job. As: is our policy, everyone has a right to appeal to the City Council. Recommendation: The Administration recommends that the City Council approve the recommendations of the Cultural Resources Board establishing the policy with regard to the acceptance of gifts and loans." ' DATE: June 16, 1977 TO: Robert L. Brunton, City Manager Members of City Council of Fort Collins FROM: Ellen Perry Thexton, Cultural Resources Director RE: Proposal for Accepting Gifts and Loans wing emendinguof the motioneofiMay 25, 19771wasamadesbyrMarthaaTrimblefand olloseconded by Frank Johnson, to read: That the Cultural Resources Board reserve the privilege and right to accept, reject, or suggest a modification of any offer of a gift, a show, showing or exhibit, or an amenity for the Lincoln Community Center, the Fort Collins Museum, or any other facility under the aegis of the Cultural Resources Board, unless the proposal is submitted to the Cultural Resources Board and judged by the Board and/or appointed consultants to be appropriate and aesthetically harmonious to the facility. The g of bthe members he Ray Dixon,nFranktJohnson, Jack Curfman, CharleslHagemeister, MarthaeTrimble, ' Gary Hixon. ' Mayor Bloom spoke against the Cultural Resources Board being the sole body to have the right to accept, reject, etc., of gifts and he felt it should be an administrative responsibility. Cultural Resources Director Ellen Thexton spoke to the desired objectives of the policy. Councilwoman Gray made a motion, seconded by Councilman Suinn to approve the recommendation that the Cultural Resources Board and the Administration establish a policy with regard to the acceptance of gifts and loans, with the provision for appeal to the City Council. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Rate Schedule for Ludlow Room at Lincoln Community Center Approved Following is the City Manager's memorandum on this item: ' At its June 15, 1977, meeting the Cultural Resources Board discussed the rental rates for the Lincoln Community Center. This rate schedule and other financial matters at the Lincoln Community Center has been discussed with Ellen Thexton, our Cultural Affairs Director, and the administrative staff. We all concur that the rate schedule is equitable and in line with our cost figures. Since we will be opening the Ludlow Room in the near future, we have to adopt the rate schedule immediately. Also, by adopting the rate schedule now for the major auditorium and other facilities in the Lincoln Community Center, it will give groups a chance to evaluate and plan their programs for future years. Many programs of this type are planned and scheduled well in advance. At the same time, we discussed the Ludlow Room and Lincoln Community rates as they compare with the fees charged at our Library and the Fort Collins Community Building. The proposed rate is compatible to both of these buildings taking into account that this facility will cater to a different clientele and provide a different type of service." -287- City Manager Brunton pointed out changes in rental rates as follows: ' LINCOLN COMMUNITY CENTER RENTAL RATES Set -Up Fee -- Ludlow (Min. 2hr./Max. 4 hr.) Communit Rate Commercia Rate add 20%) Meeting Rooms Small $10.00 Medium 15.00 Lounge 20.00 All three 45.00 Conference -- per day Small, approx. 20 $ 30.00 Medium, approx. 70 60.00 Lounge, approx. 70 80.00 All three 170.00 Special Equipment, i.e. sound, lighting -- based on requirements Community: Any non-profit organization furthering social, ' educational, intellectual, cultural or recreational interests shall be considered a community group. Commercial: Profit making organization, which collects monies to be used for its own behalf. This includes business organizations, training conferences for private, corporate or business concerns, fund-raising functions. Individual: No part of Lincoln Community Center shall be rented to an individual. City Manager Brunton stated that the Chamber had requested that they be allowed to provide input into the rates. The Administration would like approval of the rates for the Ludlow Room but would be willing to wait for the rest of the rates until the July 19, 1977, meeting. Councilwoman Gray stated that she hoped that Community Organization would receive the deferential at this rate or maybe even a higher deferential. ' 1 Councilman St. Croix made a motion, seconded by Councilman Suinn to approve the rate schedule for the Ludlow Room, and that the recommendations as far as the Lincoln Community Center be tabled for 30 days. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Lincoln Community Center Policy Tabled City Manager Brunton requested that this item be tabled for 30 days as well as the previous item. Councilman Wilkinson made a motion, seconded by Councilman Suinn to table this item for 30 days. Yeas: Councilmembers Bloom, Russell, Suinn, St. Croix, and Wilkinson. Nays: Councilwoman Gray. THE MOTION CARRIED Bids on Planting, Excavation and Fill in Connection with the Downtown Redevelopment Project Following is the City Manager's memorandum and recommendation on this item: "On June 13, 1977, the City opened bids for the planting, excavation and fill in connection with the Downtown Redevelopment Project. Listed below is a tabulation of the four bidders including their total price and their additions or deletions for moving cubic yards of fill: Randall and Blake $48,362 $11.00 Owura Landscape 87,782 16.67 Valley Crest Land 62,964 14.50 Bath Landscape 47,000 10.55 The estimated cost for this work was $60,250. All bid items were in order. Recommendation: The Administration recommends that the City Council awar the bid to Bath Landscape, Inc., at a bid of $47,000 with an addition or deletion of $10.55 per cubic yard for either more or less fill in connection with the project." Councilman St. Croix made a motion, seconded by Councilman t Suinn to adopt the recommendation of the Administration. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix and Suinn. Nays: None. (Councilman Wilkinson out of room.) THE MOTION CARRIED Ordinance Adopted on First Reading Requiring a Franchise to Maintain Electrical Facilities in the City Right of Way Following is the City Manager's memorandum on this item: At its May 17, 1977, meeting the. City Council tabled consideration of first reading of Ordinance No. 57, 1977, until June 21, 1977. The staff was directed to prepare a report on meetings between the City, REA, and Public Service. On Monday, May 23, 1977, I met with Leon Wick , General Manager of Poudre valley REA, and Robert Moninger, Manager for the northern division of Public Service Company of Colorado. This meeting was requested by Moninger in order to express their positions and discuss their negotiations to date with Arthur March, Jr., City Attorney, Stan Case; Light and Power Director, and Bob Kost, ' Senior Electrical Engineer. For the May 31, 1977, Council work session, the Light and Power Department prepared a report entitled, "History on Electric Take -Over Agreements and Procedures. Mr. Case and Mr. Kost reviewed the report at this meeting. The purpose of this meeting was to provide the Council background information on the entire problem. It was not intended for public input, although both Mr. Moninger and Mr. Wick were notified about the meeting. On Monday, June 13, Art March, Bob Kost, and I met with Robert Moninger and two other representatives of Public Service Company. On Tuesday, June 14, 1977, the three of us met with Leon Wick , General Manager of Poudre valley REA, and Warren H. Price, Attorney representing REA. Although no final agreements were reached, the discussions with both REA and PSC were productive and the Administration feels that agreements for changing over service upon annexation may eventually be reached. This will undoubtedly require that both sides compromise somewhat their present positions. It has been and is the opinion of the City Attorney that this ordinance and the companion Ordinance No. 58 would be desirable, even if we already had work- ing agreements with REA and PSC. Ordinance No. 57 will require a franchise to establish or maintain electrical facilities within the public right of way or other public areas. This franchise does not involve service within the City but contemplates facilities running through the City to provide service to rural areas. Aside from the fact that the City Charter contemplates such a franchise ' requirement, the principal reasons for requiring this franchise are as follows: -290- ' 1. The need to be able to regulate the type of facilities installed in the future within the public areas and the manner of construction of such facilities. 2. The need to be able to require relocation and reconstruction of facilities within the public ways when such public ways are renovated to City standards. 3. The need to be able to control conflicts between the various utility lines which need to be placed in the public ways. It is felt that the franchise requirement is not oppressive to the other utili- ties, but is a safeguard of community needs, This ordinance does not actually determine the terms of any franchise, but rather is the enabling ordinance which establishes this requirement. The actual franchise would result from negotiations with each utility. The other issue of take-over agreements and franchises will be discussed in more detail with Ordinance No. 58. Donald D. Cawelli, Attorney for Public Service Company, presented the company's position and outlined their proposed take-over costs. He further requested this Ordinance not ' be adopted. Mr. Leon Wick, of REA spoke in opposition to this Ordinance and the one following. Councilwoman Gray made a motion, seconded by Councilman St. Croix to adopt Ordinance No. 57, 1977, on first reading. Councilman Suinn made a motion to table Ordinance No. 57, 1977 to July 5, 1977. Mayor Bloom declared the motion denied for a lack of a second. He then put the pending motion with the following vote. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Requiring a Franchise to Furnish Electric Service Within the City Following is the City Manager's memorandum on this item: -291- At its May 17, 1977, meeting the City Council tabled consideration of Ordinance ' No. 58, 1977, until the June 21, 1977, meeting. As was mentioned in the memo accompanying Ordinance No. 57, 1977, I met with Leon Wick and Robert Moninger on May 23, 1977; and Art March, City Attorney, Bob Kost, Senior Electrical Engineer, and I met with Moninger and other representatives of Public Service Company on Monday, June 13, and with Leon Wick and other Poudre Valley REA representatives on Tuesday, June 14, 1977. Ordinance No. 58, 1977, requires a franchise to furnish electrical service within the city. It has been the City's position that our Light and Power Department should provide electrical utility services to all customers within city limits. We do not normally serve customers outside the city limits unless there are unusual circumstances or prior service agreements. At the present time, we serve approximately 132 customers outside the City limits. Primarily, this results from territory which the City began serving at the time it acquired the municipal system from PSC. PSC has indicated they are now serving 52 customers within City limits. Presumably these customers are in recently annexed areas which would normally change over to City service within a short time period. To be compatible and consistent with the Charter, there should be no other electric utility providing service within the City limits, at least without a franchise. The proposed ordinance will state in ordinance form this basic premise. The issue of whether any franchise should ever be granted to another utility to serve within the City is a more complex issue but not an issue that is addressed at this time. ' Although Public Service Company, Poudre Valley REA, and the City are willing to negotiate, I think it is difficult to reach any meaningful agreement until some basic philosophical and legal arguments are resolved. Both REA and Public Service feel they have certificated areas that are theirs by right whether or not the City annexes them. Our City Attorney contends that once property is annexed to the City, the two aforementioned companies do not have legal rights to provide service to these customers unless franchised to provide such service. Unless an agreement can be negotiated, this issue can only be resolved by a court decision. It appears that both sides are now firm in their Position and unless this changes,a court decision will be the only solution. In any event, the proposed ordinance is desirable since it sets forth the City's position and establishes it in ordinance form. Without this ordinance, it is difficult to properly present the city's position if court action does occur and it is also difficult to negotiate. The foregoing is not intended to indicate that a negotiated solution is not Possible. At this time the parties are substantially apart, but this is not to indicate that compromise on both sides is not possible and we feel that a negotiated solution is feasible. The City has always recognized its obligation to pay for any facilities which it takes over in assuming the rights to serve ' an area. This agreement centers around the question of whether payment should -292- ' be made for loss of utility customers to the utility formerly providing the service. Legally stated, such a payment would be categorized as severance dam- ages to the remainder of the former utility's system. The amount of such damage is difficult to estimate even if one concedes that there should be payment for the same. The other two utilities are requesting that a payment be made based upon the revenue being received by them from service at the time of take over. From the City's standpoint if an agreement could be negotiated which assured the City that the systems taken over would be installed in accordance with the City's construction policies, this would substantially benefit the ultimate customer and justify some payment in addition to the cost of facilities. The figure to be applied to the revenue in order to determine the amount to be paid is the principal area of disagreement with requests ranging from six times annual revenue or $500 per acre to one year's annual revenue. Even at one year's annual revenue the cost to the City utility could be very substantial and very hard to justify if the City is correct in its position that it has the right to serve newly annexed areas. As indicated above, we anticipate that negotiations will continue on•ithisi issue but, in any event, the ordinance should be adopted in order to more clearly state the City's position and the basis for the same. The ordinance provides for a 90-day period within which to cease serving or obtain a franchise after annexation. This period of time may not be realistic and a six-month period would seem more appropriate. ' Recommendation: Since this ordinance was tabled until June 21, 1977, it is automatically on the agenda and does not need to be removed from the table. It is the Administration's recommendation that the Council amend the ordinance by changing the 90-day period set forth in Section 4 to 180 days. After such amendment, the Administration recommends that the ordinance be adopted on first reading. Councilwoman Gray made a motion, seconded by Councilman Suinn to adopt Ordinance No. 58, 1977, on first reading. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Various Deeds and Easements Accepted Following is the City Manager's memorandum and recommendation on this item: "(1) Easement Agreement with Everitt Enter rises for a sidewalk at the Lemay Avenue Ox Ord r Ln ae area in Southmoor Village, Third Filing in connection with ' Street Improvement Consideration: $1.00 District No. 72. 293- (2) Dedication Deed from Joe M. Prosser for the install- ' ation, maintenance, servicing and reinstallation of utility lines and facilities along the north edge of Lot 184, Indian Hills Subdivision, Eighth Filing at the corner of Lemay and Dartmouth Trail. Consideration: None. (3) Easement from Poudre Valley Hospital District for the installation and continued operation, maintenance, repair, alteration, inspection, and replacement of underground and/or overhead electric transmission and distribution lines, along the south edge of the Poudre Valley Memorial Hospital parking lot and then north and west up to the building. Consideration: $1.00 (4) Right -of -Way Easement Agreement with the First National Bank in Fort Collins as Trustee under the Wil o Gor on M. Walker for'a utility right of way across the Arby's property, which was required by the City prior to the issuance of a building permit to Fulenwider Company. ' Consideration: $10.00 (5) Public Access Easement from Foothills Meadow for access to a sidewalk on the west side of Stover Street from Horsetooth Road to Monroe Drive, located in Lot 3 of Strachan Subdivision, First Filing. Consideration: $10.00 (6) Assignment of a Sanitary Sewer Easement from Foothills Park Associates, relating to the Foothills Par -sewer system located on Wood Bros. property. The easement was previously granted to Foothills Park Associates from Wood Bros. Homes and from the New Mercer Ditch Company. Consideration: None Recommendation: The Administration recommends that the City Council accept the above listed deeds and easements and authorize the Mayor and the City Clerk to execute the Sidewalk Easement Agreement with Everitt Enterprises." -294- Councilman Russell inquired into the easement with Poudre Valley Hospital. It was later determined that this ease- ment was an underground service. Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt the recommendation of the Administration. Yeas: Councilmembers Bloom, Gray, St. Croix, Suinn and Wilkinson. Nays: Councilman Russell. THE MOTION CARRIED Report on Arthur Treacher's Restaurant at 1302 South Shields Heard Following is the City Manager's memorandum on this item: "At the June 7, 1977, meeting Mr. Gary F. Digiorio, estimating designing for the Centennial Group representing Arthur Treacher Restaurants, addressed the City Council. Mr. Digiorio questioned the City's denial of a patio or drive -up restaurant in connection with this installation. Enclosed is a memorandum from Les Kaplan, Planning Director, on this subject together with some additional supporting material. It is felt that Mr. Digiorio was amply notified ' about the changes in the ordinance pertaining to various types of restaurants. According to our legal staff there is nothing else we can do. Mr. Digiorio has an approved set of plans for the facility with the elimination of the drive -through facilities and the patio. . It appears that Mr. Digiorio has three courses of action: 1. He can proceed with the restaurant without the drive -through facilities and patio. 2. He can decide not to build a facility at all. 3. He can petition for rezoning." Mr. Gary Digiorio stated that he did not agree with the decision that was made and requested City Council grant the drive -through window. Further, he inquired into the second to the last paragraph of Les Kaplan's memorandum which states as follows: "The proposed restaurant must now conform to the existing ordinance which allows only standard restaurants in the R-H zoning district. This would permit a patio as originally ' requested by Mr. DiGiorgio; however, disposable utensils and drive -through facilities are specifically prohibited." -295- City Attorney March stated that the restaurant would not ' conform under the current Ordinance. The Administration would treat their permit as vesting their rights and they are a non -conforming use. They are entitled to continue the operation that they have applied for, however, they cannot become more non -conforming. No action was taken on this item Changing Status of Designing Tomorrow Today Approved Following is the City Manager's memorandum and recommendation on this item: "The City Council made its first appointments to a Steering Committee for the total community improvement and development Council in August of 1970. This committee became known as the Designing Tomorrow Today Steering Committee. Over the years the City Council has made appointments to this Board. Initially, appointments were made for all members on a yearly basis. Later it was put in a staggered term basis. During the 1977 budget work sessions and subsequent budget approval, the City Council ' elected not to fund DTT. At its June 7, 1977, meeting the Fort Collins City Council made appointments to various boards and commissions. The City did not have any notice for appointments nor have any indication that the City Council would be appointing members to this Board. The City Attorney feels that the City Council, by motion, should take some definite action on this matter. The DTT committee and its various subcommittees have per- formed a tremendous service to the City. Their major function with regard to the Capital Improvement Program is over. There is and will remain a need for strong citizen participation in City government. Since the City is not funding or providing any staff assistance to this committee, it is suggested that the Council officially notify the organization that they should make their own appointments to the Steering Committee. Recommendation: The Administration recommends that the City Councrecommend to the Steering Committee of DTT that in the -future they should make their own appointments to the committee." Councilwoman Gray made a motion, seconded by Councilman ' Wilkinson to adopt the recommendation of the Administration. Yeas: Councilmembers Bloom, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell out of room.) THE MOTION CARRIED -296- Citizen Participation ' Attorney Robert Hiller, representing a group of citizens in the area of the Village West Ninth Filing, expressed concern for action taken by the City Council in granting variances for this preliminary plat. Attorney Hiller presented petitions concerning the variances and the plat. City Attorney March stated.thatihe felt it would be more productive if the Administration could meet with Mr. Hiller and discuss the points raised, then Council could set a time for further action if it desired. The following residents spoke in opposition to the plat and variances granted: 1. Robert Evans, 1942 Ridgewood Road. 2. Gerard Tryjankowski, 2001 Ridgewood Road 3. Mr. Johnson, 1828 Manchester Drive Mr. Bill Bartran, speaking on behalf of Bartran spoke to his desire to meet with the residents and inform them of the nature of the plans for the development. ' Mayor Bloom suggested that the neighbors in the immediate area, Mr. Bartran and the City staff meet and report back to the City Council at the July 5, 1977, regular meeting. This procedure was acceptable to all and City Manager Brunton will schedule the meeting. Report from City Manager (a) City Manager Brunton reported that the staff had met with Mr. David Lauer on his request for a rebate on his Hawker's License and had resolved the problem. The City Attorney will have an Ordinance prepared to make revisions in these licenses. (b) City Manager Brunton stated that the staff had pro- posed to meet with the Lake Sherwood East Group on Monday. Since that time, Everitt Enterprises has requested that this matter be tabled to August 16,1977. (This item was tabled later in the meeting.) (c) City Manager Brunton reported that the City's Internal Auditor, Jim Harmon will be on board on July 5, 1977. -297- (d) Steve Goodwin has been appointed Chief Accountant. ' Mr. Goodwin has been associated with Kruchten and Magnuson. (e) City Manager Brunton announced that Fire Chief Tom Fierce has requested that he be relieved of his duty as Fire Chief and that he be reinstated to the position as Deputy Chief. He has requested this for personal reasons. Tom will continue as Acting Fire Chief until his successor is appointed. Report from Citv Council Members on Committees (a) Councilwoman Gray reported on the meeting of the Policy Committee of CML. (b) Councilman Russell reported that four Councilmembers had attended the APPA meeting in Toronto. Also, that the Platte River Board is negotiating with the County Commissioners regarding a contract on Environ- mental Impact Studies. (c) Mayor Bloom reported on the City Council meeting attended in Toronto. He also reported that 65 ' applications have been received for the position of City Manager. (c) Councilman Suinn reported that there is a major decision pending before the 208 Committee of the COG. He also announced a regional meeting on Thursday in Greeley and a Work Session in July. Decision of the Zoning Board of Appeals (No. 755) Overruled Following is the City Manager's memorandum on this item: "An appeal has been filed with the City Clerk by William T. and Elizabeth A. Franklin requesting that the City Council reverse the decision of the Zoning Board of Appeals on Appeal No. 755. The specific variance requested was to reduce the minimum rear yard from 15 feet to 0 feet and to reduce the minimum side yard from 5 feet to 2 feet (Section 118-43E) in order to accomodate the expansion of the petitioner's garage at 707 West Mountain Avenue." MOI:11 ' Mr. William Franklin, appellant, presented signed statements from adjacent property owners indicating that they had no objection to his proposal to construct a new two car garage where the old garage exists. The Zoning Board of Appeals had denied the variance because of what they considered a fire hazard. Mr. Franklin stated that he was willing to fire proof his walls. Councilman Suinn made a motion, seconded by Councilwoman Gray to reverse the decision of the Zoning Board of Appeals and grant the variance. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Relating to the Creation and Organization of a Sanitary Sewer Improvement District No. 59. Following is the City Manager's memorandum on this item: ' "Ordinance No. 46, 1977, was placed on the agenda for consideration on first reading at the May 3, 1977, meeting. At that time the City Council conducted a public hearing, and several persons objected to this project. The Council tabled the hearing and first reading of the Ordinance until June 7, 1977. Ordinance No. 46 was again brought up for consideration at the June 7 meeting. At that time the City Administration had considerably revised the estimated cost and the public benefit part of the project. The cost of the project was reduced from the previous 17.54 per assessable square foot to 5.5¢ per square foot. The City, which originally was to make no contribution to the project, would now contribute $16,437.50. This addition was necessary because there were no benefiting property owners at the corner of Crestmore and Mulberry, and because the City Golf Course is the abutting property to the north. Also enclosed is another copy of my June 7 memorandum and a copy of a memo from Roger E. Krempel, Water Utility Director, concerning alternate means of installing public improvements. We on the staff feel that the sanitary sewer on Mulberry is important to the overall development of the City. Although some people might not benefit immediately, it will eventually benefit all the abutting property owners. The price will not get any more reasonable in the future. The Engineering Services Depart- ment is notifying all property owners about this item being on the June 21, 1977, Council meeting agenda." -299- Mayor Bloom reopened the hearing on this district and I inquired if there were any persons wishing to speak on this item. Mrs. Paul Hamilton, 2035 West Mulberry, inquired into the cost of the assessment against her property. Director of Engineering Services, Roy Bingman and Don Parsons responded to the Engineer's estimate on this project. Mayor Bloom declared the hearing closed. Councilman Suinn made a motion, seconded by Councilman Russell to adopt Ordinance No. 46, 1977, on first reading. Yeas: Councilmembers Bloom, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Councilwoman Gray left the meeting at this time. Ordinance Adopted on First Reading Rezoning the Stonehenge PUD Following is the City Manager's memorandum on this item: "The Stonehenge PUD consists of 10.25 acres located east of Lemay and south of East Stuart Street. The request ' is to rezone the property from R-L (Low Density Residential District) to R-L-P (Low Density Planned Residential District). Enclosed is an extensive memo from our Planning Department with regard to this rezoning petition including the justification for the rezoning. As stated in the staff recommendations, they feel the inclusion of 10.25 acres into the total 43 acres of the Stonehenge PUD provides an excellent opportunity to provide traditional single-family subdivision and low density PUD development into a well integrated residential district. The Planning and Zoning Board by a four to nothing vote recommended approval of the rezoning." Councilman Russell made a motion, seconded by Councilman St. Croix to adopt Ordinance No. 80, 1977, on first reading. Yeas: Councilmembers Bloom, Russell, St. Croix, and Suinn. Nays: None. (Councilman Wilkinson out of room.) THE MOTION CARRIED Ordinance Denied on First Reading Rezoning Nichols et. al. - Shields and Lake Street Following is the City Manager's memorandum on this item -300- ' "This petition is to rezone 1412, 1500, 1504, and 1508 South Shields and 924, 928, 934, and 1000 West Lake Street from R-L (Low Density Residential District) to R-H (High Density Residential District). Enclosed is an extensive memo from the Planning staff regarding this petition which includes the petitioner's reasons for the rezoning requests. Primarily, the City staff feels that the introduction of apartments and multiple -family residential units into a predominantly single-family dwelling unit area would be inconsistent with good planning practices. Therefore, staff recommended denial. The Planning and Zoning Board by a four to nothing vote recommended denial of the pro- posed zoning change." Councilman Russell made a motion, seconded by Councilman Suinn to deny Ordinance No. 81, 1977, on first reading. Yeas: Councilmembers Bloom, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Rezoning ' Impala Drive Following is the City Manager's memorandum on this item: "The Jones -Impala Drive Rezoning consists of 4.3 acres located on the west side of Impala Drive north of West Mulberry and south of 0live Street. The petitioner is requesting rezoning from R-L (Low Density Residential District) to R-L-M (Low Density Multiple -Family District). Enclosed is a memo from the Planning staff stating the reasons for rezoning given by the petitioner. Planning staff recommends denial because they feel there is no substantive justification for changing from the single-family zoning. At its June 3, 1977, meeting by a four to nothing vote the Planning and Zoning Board recommended approval of the rezoning in that the requested change would permit an acceptable use of the site." Councilman St. Croix made a motion, seconded by Councilman Russell to adopt Ordinance No. 82, 1977, on first reading. Yeas: Councilmembers Bloom, Russell, St. Croix, and Wilkinson. Nays: None (Councilman Suinn out of room.) THE MOTION CARRIED -301- Ordinance Denied on First Reading Rezoning I Miller -Wainwright Conifer Street Following is the City Manager's memorandum on this item: "The Miller -Wainwright Conifer Street Rezoning consists of 10.8 acres located in Evergreen Park II on the west side of Lemay Avenue on the south side of Conifer Street. The request is to rezone from R-L-P (Low Density Planned Residential District) to R-L-M (Low Density Multiple - Family Residential District). The enclosed memo from the Planning staff indicates the justification given by the petitioner for this rezoning. Both the Planning staff and Planning and Zoning Board recommended denial. Our Planning staff received a telephone call from the petitioner requesting withdrawal from the Council review. As yet, we have not seen any letters on this subject." Director of Planning, Les Kaplan, stated that he had been asked by telephone to withdraw this item from City Council consideration. Councilman Russell made a motion, seconded by Councilman Wilkinson to deny Ordinance No. 83, 1977, on first reading. ' Yeas: Councilmembers Bloom, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Vacating a Portion of Heatheridge Road in the Foothills Village First Filing Following is the City Manager's memorandum on this item: "Enclosed is a petition for the vacation of part of Heatheridg,_e Road in the Foothills Village First Filing. This vacation is requested pursuant to agreements between the developer of Village West Eighth Filing, the Homeowner's Association of Village West First Filing, and other interested parties. Enclosed is a copy of the agreement. This agreement provides for the vacation and was arrived at pursuant to the request of the Planning and Zoning Board. Therefore, it does not appear that this has to again be reviewed by the Planning and Zoning Board." Councilman Wilkinson made a motion, seconded by Councilman ' Russell to adopt Ordinance No. 84, 1977, on first reading. Yeas: Councilmembers Bloom, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED M111YA I Mayor Bloom declared a five minute recess. Replat of Fahrenbruch Leisure Village Subdivision Fourth Filing - Final Plans and Plat Referred to Planning and Zoning Board Following is the City Manager's memorandum on this item: "This subdivision consists of 2.1 acres zoned R-P (Planned Residential District) located at the south end of Leisure Drive. The developer proposes to construct five 2-story rental townhouse apartment buildings consisting of 24 units. The current approved plan calls for 16 units. Planning staff recognized that although the density increase is substantial, it is still less than the 12 units per acre maximum allowed in the R-P zone. In addition the new proposal improves landscaping treatment and clarifies open space maintenance responsibilities. Staff, however, delineated several revisions which should be made by the applicant before the plan is approved (conditionally or otherwise). ' The Planning and Zoning Board was opposed to increasing the density from 16 to 24 units. There were also a number of residents of the area at the meeting who objected to the replat. The petitioner agreed to the revisions requested by the staff, but these changes have not yet been made." City Manager Brunton stated further that Council should consider whether they are in favor of the increased density from 16 to 24 units for the total acreage. Planner II, Paul Deibel, outlined the area in question. Mr. Bob Sutler, Architect Planner for the developers, spoke to proposed increased density, the proposed parking area and the usable open space. Attorney Jack Vahrenwald, representing a number of homeowners in the area, spoke in opposition to the increased density and minimum parking. He then presented petitions signed by residents in the area who are opposed to development being proposed. Mr. Ted Gateau, one of the developers, spoke in support of the proposal. MION Councilman Russell made a motion, seconded by Councilman ' Wilkinson to refer this item back to the Planning and Zoning Board. Yeas: Councilmembers Bloom, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Revision of Eastgate PUD Preliminary Plan Approved Following is the City Manager's memorandum on this item "The Eastgate PUD is located on the south side of Riverside Drive immediately north and slightly to the west of the Teledyne Aqua Tec property and north of Pitkin Avenue and east of Montgomery Street. The original site plan for this project was approved in 1972 and therefore, this is called a revision of the Eastgate PUD. (It would seem logical that any subdivision or PUD not acted on in a stipulated period of time -- namely one or two years -- should become null and void.) The developer proposed to construct 74 2-bedroom townhouses ' on the 6.21 acres (5.26 acres net) site. Therefore, the gross density is 11.9 units per acre and the net density is 14.1 units per acre. The staff had several recommendations concerning parking, ingress and egress, and storm drainage. With these conditions, the Planning and Zoning Board at its June 13, 1977, meeting unanimously voted for approval of the Preliminary Plan." Councilman Wilkinson made a motion, seconded by Councilman Suinn to approve the revision of Eastgate PUD preliminary plan. Yeas: Councilmembers Bloom, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell out of room.) THE MOTION CARRIED Spring Creek Plaza PUD Final Plan and Plat Approved Following is the City Manager's memorandum on this item: 1 -304- ' "The Spring Creek Plaza PUD consists of 2.37 acres located on the southwest corner of West Stuart Street and South Shields Street. The area is zoned B-P (Planned Business District). This PUD was previously submitted to the City Council excluding the street portion of the property on both the West Stuart and Shields Street side of the property. This made the PUD under the 2-acre minimum without receiving a variance. The City Attorney ruled that it is proper to include the portions of the street in the PUD. At its May 9, 1977, meeting the Planning and Zoning Board recommended approval of this site with conditions pertaining to private driveway, landscape plan, and landscape maintenance guarantee." Councilman Suinn made a motion, seconded by Councilman Wilkinson to approve the Spring Creek Plaza PUD final plan and plat. Yeas: Councilmembers Bloom, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell out of room) THE MOTION CARRIED Overland Trail Farm Residential Subdivision Revised Preliminary Plat Approved Following is the City Manager's memorandum and recommendation on this item: "This Subdivision consists of 67 single-family lots on a 30.5 acre tract zoned R-L (Low Density Residential District). It is located on the east side of Overland Trail north of West Prospect Street and south of West Elizabeth Street. There is also a designated 8.6 acre City Park site on the tract. Mr. Bill Holmes, Land Acquisition and Special Projects Director, has been working on acquiring a neighborhood park site in this area for some time. This is being coordinated with personnel from the Parks and Recreation Department. In the memo of June 15 several comments are made concerning such items as the extension of streets and design criteria. The two main reasons this Preliminary Plat is being brought to the City Council are (1) the proposed or recommended acquisition of the 8.6 acres for City Park purposes and -305- (2) the problem of adequate sanitary sewer facilities ' in the area. As indicated before, our utility personnel have informed us that there are some capacity problems both in the collector and the trunk sewers in this area. At the present time we are preparing a comprehensive study on the subject. There should be no final plat approval until this study is completed and steps are taken to alleviate the capacity problem." Planner II, Paul Deibel, presented the revised plan which depicts the park as being more accessible to the public. Councilman Wilkinson made a motion, seconded by Councilman Suinn to approve the Revised Overland Trail Farm Residential Subdivision preliminary plat and to direct the staff to take steps to acquire the 8.6 acre tract for City Park purposes, and to wait before giving final approval of this subdivision pending resolution of the sanitary sewer situation. Yeas: Councilmembers Bloom, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Wildwood Residential Subdivision Preliminary Plat I Approved Following is the City Manager's memorandum and recommendation on this item: "The Wildwood Residential Subdivision consists of 64 single- family lots on a 17.5 acre tract zoned R-L (Low Density Residential District). It is located on West Lake Street (extended) between Cedarwood Subdivision on the east- and VonVihl Heights Subdivision on the west. The total density of this project is 3.7 lots per acre. One of the major issues that was discussed at our Conceptual Review meeting and by the Planning and Zoning Board was the status of Lake Street. From a traffic standpoint, it would be better if Lake Street was not extended through the subdivision between Taft Hill Road and Overland Trail. It is relatively close to Prospect Street and having a parallel through street so close would encourage traffic to use a street that is not improved nor designed for high use. However, there is a 42-inch water main located on Lake Street, and from a utilities maintenance standpoint, it would be better to cut the street through the subdivision. Any repair on a major trunk line of this size will take considerable ' right of way and/or easement. -306- ' Of major concern to us at Conceptual Review and utility planning is the lack of adequate collector and trunk line sewers in the area. This is only one of several develop- ments in the whole area. Before any final approval is given to this plan or any other development in the area, an over- all capacity study should be made by the sewer utility. We hope our sewer utility personnel will bring a report on this matter to the Council in the near future. The other recommended changes in the area are minor. At its June 13, 1977, meeting the Planning and Zoning Board recommended approval of the Preliminary Plat of the Wildwood Residential Subdivision. Normally subdivision and preliminary plans of subdivision plats do not go to the City Council; however, because of Lake Street and the sanitary sewer capacity situation, we feel it is desirable to refer this matter to Council. Recommendation: The Administration recommends that the City Counci adopt the Preliminary Plat of the Wildwood Residential Subdivision with the knowledge that Lake Street will be the only through street in this area. It is further recommended that Council take no action on the final plat of this Subdivision or other subdivisions until they receive an overall comprehensive capacity ' study from the sewer utility personnel." Councilman St. Croix made a motion, seconded by Councilman Wilkinson to adopt the recommendation of the Administration. Yeas: Councilmembers Bloom, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Addition to Foothills Plaza North PUD Preliminary Plan Approved Following is the City Manager's memorandum on this item: "The Foothills Plaza North PUD is located on the east side of South College Avenue directly north of the Foothills Plaza Shopping Center. It consists of 1.5 acres zoned H-B (Highway Business District). The developer proposes to construct a 2-story office building on this site in addition to the building already on the property. The only major problem with this development is the lack of required total standard parking. The developer proposes to provide -307- a pedestrian bridge over the canal into the Foothills Fashion Mall. Our City Attorney is reviewing the agreement with the Foothills Fashion Mall to share parking. At its June 13, 1977, meeting the Planning and Zoning Board recommended for approval, providing the parking situation can be resolved." City Attorney March stated that the agreement for parking which had been proposed does not allow parking back and forth, as a practical matter. Mall ownerships are such that it is impossible to get that type of agreement, but the existence of the access agreement does imply the use of the parking. Attorney Eugene Mitchell concurred with the comments made by City Attorney March and spoke at length to the purpose of the access agreement. Councilman St. Croix made a motion, seconded by Councilman Russell to approve the Addition to Foothills Plaza North PUD Preliminary Plan. Yeas: Councilmembers Bloom, St. Croix, Suinn and Wilkinson. Nays: Councilman Russell. THE MOTION CARRIED Other Business City Manager Brunton stated that he had received a request from Everitt Enterprises to table consideration of the Lake Sherwood PUD to the August 16, 1977, meeting: Councilman Wilkinson made a motion, seconded by Councilman Russell to table consideration of the Lake Sherwood PUD to August 16, 1977. Yeas: Councilmembers Bloom, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Adjournment Mayor Bloom stated that the executive session would be continued and declared the meeting adjourned to June 28, 1977, at 1:30 P.M. The meeting was adjourned at 11:20 P. FZ149A rip P mayor ATTEST: / 7 /,,, City Clerk 1