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HomeMy WebLinkAboutMINUTES-10/04/1977-RegularOctober 4, 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 October 4, 1977 at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Staff Members Present: Lanspery, Kaplan, Thexton, Bingman, Sanfilippo, Liley, DiTullio and Dowell. (City Attorney March arrived at about 9:00 p.m.) Minutes of the Adjourned Meeting of September 13, 1977 Approved as Published Councilman Suinn made a motion, seconded by Councilman Wilkinson to approve the minutes of the adjourned meeting of September 13, 1977 ' as published. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on Second Reading Amending the _Code Relating to the Salary of the City Manager The City Manager's memo regarding this item is as follows: "This Ordinance amending the Code relating to the salary of the City Manager was passed on first reading at the September 20, 1977, Council meeting. This Ordinance was prepared based upon the contract agree- ment signed by John E. Arnold and the Council on August 23, 1977." Councilman Wilkinson made a motion, seconded by Councilman Suinn to adopt Ordinance No. 112, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 1 161 October 4, 1977 ORDINANCE NO. 112 , 1977 BEING AN ORDINANCE AMENDING SECTION 2-22 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE SALARY OF THE CITY MANAGER BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COL - LINS: That Section 2-22 of the Code of the City of Fort Col- lins be, and the same hereby is, amended by deleting there- from the words and figures; "Thirty-three Thousand Six Hundred Dollars ($33,600.00) per annum", and by substituting therefor the words and figures: "Thirty-eight Thousand Dollars ($38,000.00) per annum". Introduced, considered favorably on first reading, and ordered published this 20th day of September, A.D. 1977, and to be presented on the 4th day of October A.D. 1977. r Mayor ATTEST: City Clerk Passed and adopted on final reading this October A.D. 1977. ATTEST: City Clerk(Deputy) 162 4th day of 1 October 4 1977 1 First Reading: September 20, 1977 (Vote: Yeas: 7, Second Reading: October 4, 1977 (Vote: Yeas: 7, Dates Published: September 25, 1977 and October 9, 1977 Attest: y( o o 494: .. _ � f) Deputy City Clerk Ordinance Adopted on Second Reading Relating to Water Utility Rules Regulations and Policies The City Manager's memo regarding this item is as follows:. Nays: 0) Nays: 0) "This Ordinance was passed on first reading at the September 20, 1977, City Council meeting. Ordinance No. 113, 1977, deals with administrative procedural changes in the water utility concerning the installation of meter set devices and potable water complaints procedure." Councilman Bowling made a motion, seconded by Councilwoman G.-ay to adopt Ordinance No. 113, 1977 on second reading. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED ORDINANCE NO. 113 , 1977 BEING AN ORDINANCE AM' —ENDING SECTIONS 112-29 AND 112-33 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE CITY WATER UTILITY, PROVIDING FOR THE PROMULGATION OF RULES, REGULATIONS, POLICIES AND PROCEDURES FOR THE CITY WATER UTILITY AND PERTAINING TO THE INSTALLATION OF I✓ETERS AND DIETER SET DEVICES FOR CONNECTIONS TO THE WATER UTILITY AND REPEALING SECTION 112-37 OF THE CODE OF THE CITY OF FORT COLLINS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 112-29 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: 163 October 4, 1977 "S 112-29. Rules, regulations, policies and procedures. "The Director of water and Sewer Utilities ma_,, promulgate ' such rules, regulations, policies and procedures not in conflict with the provisions of this article as he may deem necessary for the proper administration of the water utility. Such rules, regulations, policies and procedures shall be effective upon approval of the same by the City Council by resolution and filing a copy of the same with the City Clerk. Any person served with water from the City water utility shall abide by all effective rules, regulations, policies and procedures, and the failure to abide by the same shall be a violation of this article, punishable as a violation of the Code of the City of Fort Collins or by discontinuing water service -until the violation is corrected." Section 2. That Section 112-33B of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows• "B. All meters shall be of a type, size and design approved by the Director of Eater and Sewer Utilities and shall be installed as required by the rules, regulations, policies or procedures for the water utility. Each meter shall be inspected by the ' City and shall be properly adjusted before installation." Section 3. That Section 112-33E of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "E. For all connections made to the Cite water utility there shall be installed in the service line a meter set, regardless of whether the particular service requires a water meter. Such meter set shall be installed in accordance with the provisions of the rules, regula- tions, policies or procedures of the water utility." Section 4. That Section 112-37 of the Code of the City of Fort Collins be, and the same hereby is, repealed. Introduced, considered favorably on first reading, and ordered published this 20th day of September , A.D. 1977, and to be presented for final passage on the 4th day of October , A.D. 1977. 164 1 October 4, 1977 ATTEST• City Clerk Passed and adopted on final reading this 41th October , A.D. 1977. ATTEST: City Clerk Deputy day of First Reading: September 20, 1977 (Vote: Yeas: 7, Nays: 0) Second Reading: October 4, 1977 (Vote: Yeas: 7, Nays: 0) Dates Published: September 25, 1977 and October 9, 1977 Attest: Deputy City Clerk Ordinance Ado the Ne ted on Second Reading Zoning son Second Annexation The City Manager's memo regarding this item is as follows: "This Ordinance was passed on first reading at the September 20, 1977, City Council meeting. It provides for zoning of 42.27 acres located on Timberline Road north of East Horsetooth Road. The north 22 acres of the site are to be zoned R-L-P (Low Density Planned Residential District) and R-H (High Density Residential District for the south 20 acres.)" Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 114, 1977 on second reading. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 1 165 October 4, 1977 ORDINANCE N:. --- - 1: , 5E1N( AN _IP.C.iNAN'CE, AMEN-U]N`C .aPT= i1> 0= THE CODE O` ' 7HE C;T` OF FOR7 COLLINS. COMn10NL''KNOWN AS THE ZONING OROINA!vCE AND CLASSIFYJN: FGP: ZONING PURPOSES THE PROPERT`' INCLUDE, IN THE NE -'SON SECOND .ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO BE I7 ORDAINED E.l' THE COUNCIL OF THE CTTY OF FORT COLLINS: Section 1. That the Zoning District Viap 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 Nelson Second Annexation to the City of Fort Collins, Colorado, in zon�nc districts as foliowc: A. R-L-P, Low Density Planned Residential Zoning District. A tract of land situate in the Southeast 1/4 of Section 39. Township 7 North, Range 68 West of the Sixth P.M., Larimer County, Colorado, which consigering the East line of said Southeast 1/4 as bearing S OGc25'30" 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 00026'30" W 795.00 feet; thence N 89 49'59" W ' 1206.25 feet to a point on the West right-of-way line of the Union Pacific Railroad. thence along said 'Jest right- of-way line, N 00024'43" E 794.32 feet to a point on the East-West centerline of saad Section 30; thence along said East-West centerline, S 89 51'55" E 1206.67 feet to the point of beginning, containing 22.01 acres, more or less. R-H, Hiqh Density Residential Zor.ing District. A tract of land situate in the Scutheast 1/4 of Section 30, Township 7 North, Range 68 West of the Sixth P.M., Larimer County, Colorado, which consi8ering the East line of said Southeast 1/4 as bearing S 00 26'30" W and with all bearings contained herein relative thereto, and beoinnina at the East 1/4 corner of said Section 30, .thence S 00°26'30" ' 795.00 feet to the true point of beginning, thence S 00 26'30" W 732.80 feet; thence N 89044'29" W 1205.87 feet to a point on the West right-of-way line of the Union Pacific Railroad, thence along said West rioht-of-way line, N 00 24'43" E 730.87 feet; thence S 89049'59" E 1206.25 feet to the true point of beginning, containing 2C.2615 acres, more or less. 166 1 October 4,. 1977 Jec tlGn 2. Tne _nvl.ieEr is nerebv author4.2eu and directed to amet;c said Zoninc District Mia. ir: accordance v;,tr this ordinance. ' introduced, considered favorab y on first reading, and ordered publisned tnis 20tn day or SepreIDber , A.D. 1977, and to be presented for final passage on the Ott: day of Gctober , A.D. 1977. ATTEST: City erk Passed and adopted on final read ^^ + ^ _L ^ 1977. ATTEST: City Clerk (Deputy) First Reading: September 20, 1977 (Vote: Yeas: 5, Nays: 1) Second Reading: October 4, 1977 (Vote: Yeas: 7, Nays: 0) Dates Published: September 25, 1977 and October 9, 1977 Attest: Deputy City Clerk 167 October 4, 1977 Ordinance Adopted on First Reading Annexing Lanais Known as the Harmony Annexation No.-3 Following is a memo from the City Manager and the City Attorney: "The proposed annexation extends along Harmony Road from the present City limits on Lemay Avenue to and including a portion of the Hewlett Packard site. There will be one more annexation which will result in annexation of the Hewlett Packard site to the City. This annexation includes both sides of Harmony Road. for the full length of the annexation. This is in order to prevent jurisdictional questions arising in connection with traffic enforcement. Some of the lands in this annexation are presently served with City utilities, and the City has committed to extend utilities to the remaining lands in the immediate future. The zoning for these lands will be brought up for discussion and decision after the annexation ordinance is passed on first reading. A portion of the annexation consists only of Harmony Road as it adjoins a farm owned by Spring Creek Farms. Apparently there was some question about this at the time the petition for annexation was presented to the Planning and Zoning Board. Subsequent conversations with the owners of that property indicate that they will join in the contemplated annexation which will bring in the balance of the Hewlett Packard site and will ask that 300 feet of their property adjoining Harmony Road be included in that annexation. This is with the expectation that their property would be placed in the T-Transition zone and further that the City would commit not to assess their property for subdivision improvements, including street improvements for the like, until such time as they cease farming the property and it develops in an urban configuration. Administration feels that the annexation of these lands is consistent with City policies that have been established for this area, including policies relating to extension of City utilities. In addition, it is desirable from a tax standpoint to incorporate these lands and the Hewlett Packard site within the City limits. Recommendation: Administration recommends that the City Council pass this ordinance annexing the property on first reading. It is further recommended that the Council indicate willingness to annex the Spring Creek Farms property with the understanding that there would be no assessments against that property until it developed." 1 The recommendation from the Planning and Zoning Board is as follows: , 168 October 4, 1977 "Planning and Zoning Board Recommendation: ' At its September 12, 1977, meeting, the Planning and Zoning Board considered the annexation and zoning for the Harmony Third Annexa- tion and acted as follows: Annexation: 5 to 1 vote for Approval The majority of the Board voted to recommend in favor of annexation for the following reasons: - The approval of the Hewlett-Packard location has determined the pattern of growth for the area; Development of this area is inevitable and, therefore, should occur through local control; - The cost to the taxpayer of development at this location of the urban fringe will in the long -run be lower if annexa- tion to the City occurs. Although supportive of the annexation, the Board was general=.y concerned about the "flagpole" approach utilizing the State Highway for accomplishing annexation. Additionally, the Board was concerned with ihe service obligations to the City resulting ' from this annexation. The one opposing vote held that the service problems could be more extensive than the benefits gained through annexation." Councilman St. Croix made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 116, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Russell, St. Croix and Wilkinson. Nays: Councilmembers Gray and Suinn. THE MOTION CARRIED Assistant City Attorney Lucia Liley requested that Council make an additional motion indicating willingness to annex the 300 foot strip of property adjoining Harmony Road with the understandne that there be no further assessments against that property until it is developed and authorize the Administration to draw up such an agreement. Councilman Russell made a motion, seconded by Councilman Bowling to authorize the above as stated by Assistant City Attorney Lucia Liley. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED ' Assistant City Attorney Lucia Liley stated for the record that in terms of the configuration of the property being annexed the 169 October 4, 1977 legal justification for the annexation would be the acquiring of continuous jurisdiction over that portion of the highway in that I this is one of a series of annexations along Harmony Road. Ordinance Adopted on First Reading Annexing the Lindenmeier First Annexation Following is the memo from Les Kaplan, Planning Director: Background This is the first of two annexations which propose to annex an approxi- mately 9.5 acre site east of Lindenmeier Road, between East Willox Lane and East Vine Drive. Presently, the city limits do not extend east of this mile of Lindenmeier Road (see attached map). At its April meeting, the Planning and Zoning Board discussed the 9.5 acre site as a County Referral to rezone the property from the FA1, Farming District to the R-1, Residential District, which would allow single-family development on a minimum of 10,000 sq. ft. provided that both public water and public sewer facilities are utilized. Although the Board recommended the County zoning district which would limit the mini- mum lot size to 15,000 sq. ft., the requested R-1 district was granted by the County. At its May meeting and again as a County Referral, the Board reviewed the ' preliminary subdivision plat for the site. Both the staff and the Board recommended approval of the proposed plat, subject to the provision of curbs, gutters, sidewalks, street lighting, and arterial improvements along Lemay, including a seven -foot bike/pedestrian path. The County Commis- sioners have approved the final plat, retaining only the condition concerning the bike path. At the time the Board reviewed the subdivision plat, the applicant had indicated to the County that sewer service would be provided by the Cherry Hills Sanitation District. In June of this year, the applicant approached the City Administration claiming to have learned that the sewer trunk line serving the subject site was not controlled by Cherry Hills, but was a Fort Collins sewer line. Having rezoned and subdivided the property in the County, the petitioner then approached the City with an out -of -city request for sanitary sewer. The City Council has approved this request for sewer service subject to the provisions of Ordinance No. 96, 1972. As part of the utility extension agreement, the applicant has agreed to initiate annexation and to meet City Building Inspection requirements for all construction begun after annexation. No requirements of the City's subdivision ordinance were imposed by the City Council as a condition for out -of -city utility service. 170 1 October 4. 1977 Staff Comments ' The Lindenmeier First Annexation exemplifies the many problems with the existing city procedure for considering requests for out -of -city utility service. The existing procedure often places the Planning and Zoning Board in a position of considering issues after prior commitments have been made by City of after the item had been reviewed in the context of a County Referral. Because of the requirements of Ordinance No. 96 that out -of -city utility service carry the requirement of annexation when possible, the decision to approve such utility service is tantamount to annexation. Ordinance No. 96 does not require compliance with any city subdivision requirements as a condition for service, but only with the city's electrical, plumbing, and mechanical codes. Consequently, annexation can occur with significant design incompatibilities with the city, which could have been avoided at the time the question of utility service was considered. The City Attorney's Office, Planning Office, and Water and Sewer Department are presently working on proposed revisions to Ordinance No. 96. The Urban Service Area Designation Program could result in a major rethinking of ordinances dealing with fringe area development. Staff Recommendation: Approval The Planning staff has recommended in favor of both Lindenmeier First and ' Lindenmeier Second Annexations for several reasons. First, the city is proceding with the involuntary annexation of approximately 250 acres in the vicinity of Evergreen Park which should lead, to considerable encourage- ment for development in this area. Secondly, annexation of the subject area would increase the city options for implementing a growth strategy to the north and to the east. Finally, the city had made a commitment for annexation of this area at the time out -of -city utility service was approved by the City Council. Planning and Zoning Board Comments At its September 12, 1977, meeting the Planning and Zoning Board considered the annexation of both the Lindenmeier First and the Lindenmeier Second Annexations. The Board felt that the annexation of this site had been predetermined via the utility agreement for out -of -city utility service.. Additionally, the Board felt that the question of zoning had already been decided by the County Commissioners and sanctioned by the City Council. Apart from the concern of the Board that the annexation and zoning issues had already been decided, the Board was concerned with the justification for annexation for the following reasons which are more fully described in the minutes of this meeting: -Without the granting of out -of -city utility service, development of this site in the County is not imminent, -There is not a demonstrated need for the addition of residentially ' zoned land to the city, 171 October 4, 1977 -There is no articulated City policy to establish contiguity in this vicinity in order to facilitate additional annexations, ' -The annexation represents an illogical City expansion which would be costly and difficult to serve with police and fire facilities, -The impact of annexation would be less of a concern had City subdivision regulation been required as a condition for out -of -city utility service, -Annexation solely for the sake of annexation can be counterproductive to the City. Planning and Zoning Board Recommendation: Denial For the above -stated reasons and on a 5 to 1 vote, the Planning and Zoning Board at the September 12, 1977, meeting voted to recommend denial of both the Lindenmeier First and the Lindenmeier Second Annexations. Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 117, 1977 on first reading. Yeas: CDunCil- members Bloom, Bowling, St. Croix and Wilkinson. Nays: Covncil- members Gray, Russell and Suinn. THE MOTION CARRIED ' Ordinance Adopted on First Reading Zoning the Lindenmeier First Annexation Following is the City Manager's memo regarding this item: "This ordinance would allow for R-L zoning of the property included in the Lindenmeier First Annexation (preceding Council item). The Planning and Zoning Board did not recommend any zoning for this parcel since they recommended against the annexation of the pro- perty into the City. The Planning staff and the developer both agree to the recommended zoning of R-L, Low Density Residential." Councilman St. Croix made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 118, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 172 1 October 4, 1977 Ordinance Tabled on First Reading Rezoning ' the Fischer West Stuart Street Property Interim City Manager, Paul Lanspery, advised Council that the staff and the developer desire to table this matter to the November 1, 1977 meeting. Councilman Bowling made a motion, seconded by Councilman Russell to table Ordinance No. 119, 1977 to the November 1, 1977 meeting. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Denied on First Reading Rezoning the Smith - West Pros ect Street Pro'ert (Note: This item was consi ere later in t e meeting.) Following is the memo from Les Kaplan, Planning Director, dated September 23, 1977: Reasons for Rezoning Request (Per August 15, 1977 Rezoning Request) 1. Because of some extreme over -lot grades and the fact that the New Mercer Canal crosses the property in two places, an extreme eceno- mical hardship has been imposed on this property. It is anticipated that the canal would have to be crossed in at least two places which would add significantly to the cost of development. Additionally, due to terrain canal easements and lot configuration, approximately 2.6+ acres are undevelopable. 2. R-P zoning would be more compatible with existing development and zoning in the area and would give the City and surrounding property owners closer control of the properties development. 3. Canals on the south of the property and Prospect Street to the north form natural boundaries to the requested zone. 4. Lesser amounts of street pavement per unit would be allowed reducing the city maintainance costs and broadening the tax base for such costs. Less pavement widths as allowed by P.U.D. would also reduce the costs and help to slow automobile traffic more naturally. 5. R-P zone would manditorily require the creation of active recreation space within the development, thus, reducing the load on city parks. Additionally, smaller children would then have a place to play away from automobiles. 1 173 October 4,. 1977 6. The impact on the immediate area would be favorable by providing more landscaped open area in a relatively low -density area. Pedestrian access into the development could further be enhanced through these landscaped areas. This would be important in terms of circulation between the University Campus and the property. 7. It is believed that utilities, recreation, educational and other needs are adequate in the area to support the added increase in density. 8. Economic conditions within the building industry are putting pressure on the developer/builder to decrease his costs. By the increase of density and controls of a P.U.D. development, costs may be spread out over more units without reduction of quality. It is the intent of the developer for this property to develop the parcel to a density of around 10 units per acre through a mix of townhouse and multi -family structures." Staff Comments The petitioner notes site -grade conditions and the presence of the New Mercer Canal as causing economic hardships for development of this site. The standard requirements for P.U.D. development are noted as desirable reasons for an ordinance change. Additionally, general economic pressures within the building industry are presented to justify the requested density increase. The municipal zoning ordinance is not intended, nor should it be used as a mechanism to assure the economic profitability of property development. ' Private sector factors, such as land costs and design innovation are more proper variables to broker the potential economic gains of development in light of existing site conditions and zoning. Granted, the opportunity for increased density could translate into the public benefit of lower housing costs; however, the appropriateness for such density increases and accompanying housing type changes should be justified on the basis of both city-wide and vicinity needs as well as the compatibility with surrounding neighborhoods. The site of the proposed zoning change does have difficult site planning conditions which could be dealt with more effectively through a P.U.D. development approach. While the existing R-L zoning district would allow single-family development through a P.U.D., approximately 20 percent of the site is undevelopable due to slope conditions and canal easement requirements. The opportunity for density shifts within the site through a P.U.D. would not seem adequate enough to promote the developability of the site, given the single-family limitations of the existing zoning district. In that promoting the opportunity for fill-in development is part of the Goals and Objectives of the City, an adjustment to the zoning ordinance would seem appropriate for this site. 174 1 October 4, 1977 The R-L-P zoning district would allow multi -family development through ' a P.U.D. at a density not to exceed 6 d.u./ac. This would remove the limitation of single-family uses as per the existing R-L zone, while at the same time assuring a density which is compatible with the existing neighboring development. Staff Recommendation: Denial Significant site development limitations exist to warrant a zoning ordinance change to promote the developability of this site. This could be accomplished through the opportunity for density shifts and low - density, multi -family development afforded through the R-L-P, Low Density Planned Residential District. For this reason, the staff recommends against the requested zoning change from the existing R-L, Low Density Residential district, to the R-P, Planned Residential District, and recommends a zoning change to the R-L-P, Low Density Planned Residential District, for this site. Planning and Zoning Board Recommendation: Denial, with alternative rezoning recommendation At its September 12, 1977, meeting the Planning and Zoning Board votc.d 6 - 0 to recommend denial of this rezoning request. Several area residents spoke in protest to the request. (See minutes of meeting.) However, the Board concurred with the staff recommendation that the R-L-P, Low Density Planned Residential District would be more approp- riate considering the site -grade problems and surrounding zoning. The petitioner concurs with the Planning and Zoning Board recommendation for the R-L-P, rather than the R-P district as petitioned. Mr. Bob Sutter, the developer, spoke to the reasons for the request and the geographical problems of the site. Mr. Michael Fosberg and Mr. Sanford Thayer spoke in opposition to the rezoning. Councilman Suinn made a motion, seconded by Councilwoman Gray to deny Ordinance No. 120, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix and Suinn. Nays: Councilman Wilkinson. (Secretary's Note: This item was reconsidered later in the meeting and action was tabled to the November 1, 1977 Council meeting.) THE MOTION CARRIED 175 October 4, 1977 Citizen Participation a. Presentation of Art Collect from Dale to Lincoln I Ellen Thexton, Director of Cultural Resources, introduced Libby Dale who made the presentation of a collection of art which was started back in 1966. b. Name De ut Cit Clerk LaVonne Dowell Mayor of the Octo er C. Proclamation for Toastmistress Month, October, 1977. Report from the Interim City Manager On Friday, September 29, 1977 applications closed for the position of Fire Chief. The City received over 75 applications. Report from City Council Members on Committees Councilman Bowling invited all interested persons to a meeting on October 5, 1977 on the 208 Wastewater Treatment program. Councilman Russell stated that at the last Platte River Power ' Authority meeting the action covered only routine items. Councilman Suinn stated that there was a meeting of the 208 Financial Committee Thursday. Councilman Wilkinson stated there would be a meeting of the 1041 Steering Committee next Thursday. Sale and Consumption of Alcoholic Beverages at Lincoln Community Center Approved At the introduction of this item Mayor Bloom stated that the following procedure would be followed: 1) Report from City Staff, Interim City Manager Paul Lanspery and Assistant City Attorney Lucia Liley. 2) Questions from Council. 3) Audience comments limit of 3 minutes for each one, start with con list, then pro list, and the freedom of choice. 4) Back to the Council for comments. ' 176 October 4, 1977 Report from Interim City Manager Paul Lanspery follows: The questions surrounding the sale and consumption of alcoholic beverages at Lincoln Community Center must necessarily be answered by the City Council. The Administration advises approval of a controlled use policy, and pursuant to Council's direction at the work session on September 13th, 1977, we have outlined pro- posed operating procedures for such use on the following pages. In addition, a report from the Assistant City Attorney is attached which explains how this policy can be implemented under a concessionaire's agreement using the appropriate license. Many arguments both pro and con have surfaced concerning the use of alcohol at Lincoln Center. Many of the positions against the availability of liquor at the Center are premised on the basis that the facility will operate like a tavern or bar, i.e. liquor would be served on a regular basis. This is, in fact, not what is proposed and any groups utilizing the facility will have the freedom to choose whether or not liquor will be served at their event. The fact that the use of liquor at the Center will be carefully controlled (as outlined in the operating procedures) should allay the fears of those who contend that the availability of liquor will cause disturbances or contribute detrimental:.y to the neighborhood. The fact does remain, however, that the use of liquor at the Center is contrary to our general City ' policy which forbids the use or distribution of alcohol in City facilities. In view of the fact that the facility is designed for the enjoyment of the public and is to be used for cultural events (and not official public business), an exception to our general policy is not so very inconsistent. On the positive side, availability of liquor at Lincoln Center will promote total utilization of the facility, e.g, conventions, and will no doubt generate additional revenue for operational purposes. The use of liquor at the facility can and will be controlled so as not to offend audiences, participants or the public. The availability of liquor merely means that groups will have the freedom of choice when planning their activities." SUMMARY OF PROPOSED OPERATING PROCEDURES 1. The use of alcohol at a City -sponsored event will be limited to intermissions. No alcohol will be served in the theatre/ concert area. No alcoholic beverages will be served at events which are oriented to younger audiences. ' 3. For conventions, balls, and meetings a policy of self deter- mination or freedom of choice will be utilized. If the serving of alcoholic beverages is desired by the organization 177 October 4,. 1977 it will be done so under the following conditions: a. Hours, areas of consumption and service, and all other I restrictions will be agreed upon by the group and the City prior to the event. b. The City reserves the right to deny the use of alcoholic beverages to organizations when it is determined that such usage would not be in the best interest of the facility. C. All beverages will be served by the City's approved concessionaires. d. No alcoholic beverages may be brought into the -facility by individuals or organizations. 4. At fine arts events notsponsored by the City, (e.g. Symphony Ball), if the sponsoring group desires that alcohol be served, such beverages will only be available one hour before the main function, and at intermission. 5. If two events are simultaneously 5eing operated, the facility is designed and will be used so that the use of alcohol in the one area will not interfere with another function o.= group who does not feel the need to serve alcoholic beverages. Report from Assistant City Attorney Lucia Liley follows: "If the City Council decides on a policy at the Lincoln Community Center which would allow the sale and consumption of alcoholic beverages at the Center under certain specified conditions, it would best be able to implement that policy by the use of a concessionaire's agreement whereby the concessionaire would take out the appropriate liquor license but would be subject to all restrictions set forth in the agreement. Procedurally, the Council would then select a bidder based upon the quality of the bidder and the percentage of profits to be returned to the City. At that point, the concessionaire would apply to the Liquor Licensing Authority for the appropriate license and the City Attorney's office would prepare a Concession- aire's Agreement which Council would need to approve, and which would set forth the conditions under which the Concessionaire could operate his concession at the Lincoln Community Center. With regard to the content of the Concessionaire's Agreement, the Council would need to consider and decide upon the restrictions which would be imposed on any alcoholic beverages concession. These restrictions could encompass virtually any area of the ' concession operation. In meetings among various members of the City staff, we have come up with the following suggested cate- gories of restrictions: 178 October. 4, 1977 Areas of Service/Consumption. All sales would be through the concessionaire an no a coholic beverages could be ' brought into the Center to be given away. Alcoholic beverages in no case_would.he sold or consumed in the auditorium or stage areas. Additionally, the City would restrict the sale/consumption of alcoholic beverages to the areas for which the particular group contracted so that there would be a separation from any other scheduled event. Sale and consumption would also strictly be limited to the inside of the building. Events. Alcoholic beverages would not be sold or consumed at any events which were primarily for the benefit of younger audiences (e.g. puppet shows, children's theatre, etc.). At fine arts events sponsored by the City (e.g. Fort Collins Community Art Series), alcoholic beverages would be available an hour prior to the event and at intermission, but not at the conclusion of the event. Alcoholic beverages would be available to groups attending a conference or convention at the Center, but the hours, areas of consumption and service and all other desired restrictions would be taken care of in an agreement between the group and the City prior to the conference or convention. ' Patrons. Under no circumstances would an "open bar" be allowed. Sale of alcoholic beverages would be limited to patrons of the particular performance or production or persons attending a scheduled conference or convention at the Center. To insure that service is limited to these persons, an appropriate number of ushers for each event would be required. Advertisin . No exterior or interior advertising concerning t e sa e o alcoholic beverages on the premises would be allowed. Prices. The concessionaire would be required to submit a Tist of all proposed prices for sales under the concession which would have to be approved by the City. Other Concessions. The Center, at every fine arts event an conventions if desired), would make available to the patrons of the Center a food and soft drink concession and the alcoholic beverage concession would be completely separate from any other food or drink concession offered at the Center. ' In addition to any restrictions the Council would want placed in the Concessionaire's Agreement, there would be 179 October 4, 1977 provisions in the Agreement giving the City the right to terminate the Agreement if the concession did not strictly abide by all the terms of the Agreement limiting his concession operation. Any violation of liquor licensing laws would of course also be handled by the Liquor Licensing Authority which would have the power to suspend or revoke the concessionaire's liquor license. In summary, if the Council desires to make alcoholic beverages available at the Lincoln Community Center, this can legally and practically be accomplished by the granting of a concession to a person or group through the bidding process and through a Concessionaire's Agreement in which the Concessionaire would - obtain the liquor license and would be held to all restrictions in that Agreement pertaining to the sale and consumption of alcoholic beverages at the Center." Councilman Russell questioned the Freedom of Choice group wishing to speak. His understanding was that persons were either for or against and they should be one or the other. Consensus of Council's comments at this time was that the hearing was to determine if alcoholic beverages would or would not be served. The policy would be determined later. The following persons spoke against the serving of alcoholic beverages at the Lincoln Community Center: 1) Ernest Woodworth, 618 E. Myrtle 2) Roy E. Knuteson, 2550 S. Taft Hill Road of People's Church 3) Delbert Paulson, 1505 Whedbee, President of the Fort Collins Ministerial Alliance and Pastor of the First United Methodist Church 4) Doug Keasling, 516 Stover 5) George Drake, 5605 N. Taft Hill Road 6) Norma Beckstrand, 925 Cheyenne Dr. 7) Vance Willett, 1025 Azalea 8) Andy Anderson, 1421 Skyline Drive 9) Robert E. Taylor, Pastor of Church of Jesus Christ - Latter Day Saints 10) Robert Tueting, 916 Cheyenne Drive 11) Rev. Mark Carlson, Wellington 12) Gale Hamelwright, 4700 Cambridge 13) Pastor Leroy Grimm, 1601 W. Drake Free Church 14) Craig Miller, 2015 Spring Court 15) Karen Anderson, 1421 Skyline Drive 16) Gary Prewett, 4412 E. Mulberry 17) Mr. Joseph Turner, 2111 W. Lake 180 Road, Faith Evangelical 1 1 October 4, 1977 1 Mayor Bloom next called the "Freedom of Choice" persons to declare which side they would choose to speak. All chose to speak in favor and were added to the end of the pro list. 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) George Betz, 1101 Kirkwood Richard Hays, 700 E. Elizabeth Libby Dale, 737 Sandpiper Bob Lee, 708 Cheyenne Drive Mrs. Carol Hays, 700 E. Elizabeth, did not appear Dr. Tom Bennett, 1513 Lakeside Maurice Nelson, 301 E. Prospect Doug. Markley, 1313 Buttonwood Jim McIver, 3029 Ross Drive Sheila Jennings, 1101 W. Oak Mrs. Bill Morgan, 3131 E. Horsetooth Father Edward Ostertag, 2000 Stover, Frank Johnson, 144 N. McKinley Mr. Bill Allen, 2408 N. County Rd. 9, Road St. Luke's Episcopal did not appear Council recessed for 10 minutes; upon reconvening the meeting the Mayor asked for comments from the Council. Councilman Wilkinson stated he was opposed to the open use of liquor at the Lincoln Community Center; does favor controlled limited use so that the most use possible can be derived from the Center. Councilman Suinn stated that he also favors the very controlled and limited use of alcohol at the Lincoln Community Center because it would afford the greatest use of the Center. Councilman St. Croix stated that he would not support the serving of alcoholic beverages at the Lincoln Community Center on a financial basis; he does,however, support the use of alcoholic beverages at the Center to afford the greatest possible use of the Center. Mayor Bloom spoke as a representative first from Woodward Governor stating that Woodward has not nor would not take any stand on this issue. As Mayor he stated there were four challenges presented by the Center: 1) the approval of the Capital Improve- ments program; 2) the planning; 3) the construction, and 4) the full utilization of the facility. Councilman Russell stated this was to be a multi -purpose center or facility and hopes for the most use possible for the Center. Councilwoman Gray stated she was in favor of use of alcoholic beverages at the Lincoln Community Center on a limited basis. 181 October 4, 1977 Councilman Bowling stated he was also in favor of the controlled use of alcoholic beverages at the Lincoln Community Center. ' Councilman Bowling made a motion that the Council approve the serving of alcoholic beverages at the Lincoln Community Center and that the questions remaining concerning the type of license and to whom issued, the rules and regulations concerning the serving of beverages and refreshments, and the areas of the Center where service will be allowed be referred to the staff and the Cultural Resources Board for their research, study and recommendations then be referred back to the City Council within 90 days for final determination. This motion was seconded by Councilman Wilkinson. Yeas: Councilmembers Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: Councilmembers Bloom and Russell. THE MOTION CARRIED East Prospect Traffic Situation Following is a report from Roy A. Bingman, Director of Engineering Services, regarding this item. "On September 13, 1977, the City Council reviewed the traffic problems on East Prospect. A final decision regarding the ' reduction of the traffic speed from 30 MPH to 25 MPH was delayed until October 4, 1977. However, additional issues were raised at the September meeting that we would like to . address at this time. 1. The slope of the sidewalk was mentioned by a member of the Rif fenburgh Parent Advisory Board. The request for the installation of a fence along the sidewalk was originally made in September, 1976. The Traffic Committee reviewed this request along with several other requests to improve the safety of children going to and from school. The Traffic Committee met on October 8, 1976, and approved all of the requests with the exception of the fence. The installation of a fence between the sidewalk and the street would not allow weeds to be cut or snow to be plowed in this area. In addition, the sidewalk was evaluated in terms of safety and it was determined that it was not a hazard. The Principal of Riffenburgh School was verbally notified of this decision. 2. The question was also raised regarding whether or not Teledyne Water -Pik could change the time of their shift changes. We contacted Teledyne and found that their afternoon shift terminates between 3:15 and 3:45 p.m. i The evening shift begins at this time and terminates between 11:45 p.m. and 12:15 a.m. If they changed the 182 October 4, 1977 hours of the day shift, then the night shift would get off work even later. Because of the late hours for the evening shift, they do not want their employees leaving later than the current schedule permits. 3. The Council approved a larger truck sign stating ALL TRUCKS TURN RIGHT on East Prospect, east of Riverside. A sign 30" by 36" has been made and was installed on Friday, September 30. We have included the August 5, 1977, letter sent to my office by Mr. and Mrs. Maciel. This letter summarized their concerns on East Prospect. In addition, we have included a copy of the Traffic Committee's report that was submitted to Council on September 13. The recommendations outlined in this report remain the same." Mr. Jerry Dunn, a resident of the area, addressed Council regarding the problems of traffic speed on East Prospect. He requested that the speed limit be dropped from 30 MPH to 25 MPH on Prospect between College Avenue east to the City limits. Mr. J. Williams, 1500 Patton, asked if other groups have addressed Council about reducing the speed on arterial streets on which there are schools or playgrounds located. He was answered that there had been at least one other group. Mr. Gary Maciel also addressed Council requesting that the speed limit be reduced on East Prospect. Councilman Wilkinson made a motion, seconded by Councilman Russell to reduce the speed limit on all arterial streets in Fort Collins to 25 miles per hour. Yeas: Councilmembers Bowling and Wilkinson. Nays: Councilmembers Bloom, Gray, Russell, St. Croix and Suinn. THE MOTION WAS DEFEATED Councilwoman Gray made a motion, seconded by Councilman Bowling to post a 25 mile per hour speed limit on Prospect Street from College Avenue east to the City limits on a trial basis for six months and then report back to Council with the results. Yeas: Councilmembers Bowling, Gray and Suinn. Nays: Council - members Bloom, Gray, Russell, St. Croix and Wilkinson. THE MOTION WAS DEFEATED Councilman Suinn made a motion, seconded by Councilman Bowling to set the speed limit on Prospect Street from College Avenue east to the City limits to 25 miles per hour and that the Administration look into a similar trial basis on other arterial streetswith other similar configurations and schools and report 183 October 4, 1977 back in six months. Yeas: Councilmembers Bowling and Suinn. Nays: Councilmembers Bloom, Gray, Russell, St. Croix and Wilkinson. THE MOTION WAS DEFEATED There was no further action taken on this item. Resolutions Adopted Initiating Street Improvement District No. 73 Following is the City Manager's memo regarding this item: "The Administration has been preparing toinitiate an improvement district to improve Mason Street between West Drake Road and West Horsetooth Road. James A. Stewart and Associates, Inc., have been employed as consulting engineers to design this improvement. Their report is now available and enclosed with the agenda. Also enclosed is a recommendation from Roy Bingman, ex officio Director of Public Works, that the proposed district be initiated. The City has received petitions from a subs-an- tial number of adjoining property owners for the formation of this district, but the district is being proposed as a Council initiated district pursuant to the recommendation of Mr. Bingman. In order to proceed it will be necessary that the City Council adopt the resolution enclosed which approves the recommendation to initiate the district, describes the improvements to be installed in the district and directs the City Engineer to prepare plans for the improvements and cost estimates. The Administration has anticipated that the Council would adopt this resolution and the report from James A. Stewart and Associates is presented as the City Engineer's report pursuant to this direction. Council should then adopt the second resolution which accepts this report and sets a date for hearing on the question of whether to actually form the district by ordinance. No extended discussion is necessary at this meeting since the hearing on November 15 is the time when any interested property owners will appear and the Administration will be prepared to go into any questions in detail at that time. Recommendation: Administration recommends the following: 1. The recommendation from Roy Bingman to initiate the district should be presented to the meeting. 2. Council should adopt the resolution receiving this report and directing the City Engineer to prepare plans and cost estimates. 184 October 4, 1977 3. The report from James A. Stewart and Associates should be presented to the meeting as the report of the City Engineer in response to the resolution. 4. Council should adopt the resolution approving this report, making other preliminary decisions and setting the date for a hearing." City Attorney March stated for the record that the recommendation from Roy Bingman, Director of Engineering, has been received to initiate the district. Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED RESOLUTION 77-63 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING A RECOMMENDATION FROM THE DIRECTOR OF ENGINEERING SERVICES EX OFFICIO THE DIRECTOR OF PUBLIC WORKS REGARDING THE INITIATION OF A SPECIAL IMPROVEMENT DISTRICT, STATING THE NEED FOR, THE NATURE OF, AND THE LOCATION OF THE IMPROVEMENTS TO BE MADE, DESCRIBING THE AREA TO BE ASSESSED FOR THE SAME, AND DIRECTING THE CITY ENGINEER TO PREPARE AND PRESENT TO THE CITY COUNCIL THE NECESSARY INFORMATION FOR THE FORMATION OF SAID DISTRICT WHEREAS, the Director of Engineering Services ex officio the Director of Public Works has recommended to the City Council that a special improvement district be created for the purpose of installing certain public improvements in the City; and WHEREAS, the City Council has received such recommenda- tion and desires to continue with the formation of such special improvement district. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the recommendation of the Director of Engineering Services ex officio the Director of Public Works is hereby received and accepted. 185 October 4, 1977 Section 2. That the improvements to be constructed consist of street pavement, curbs and gutters, street lighting and a water main. Such improvements are needed in order to ' provide all-weather access for vehicles and pedestrians to the properties abutting the street to be improved on the east and in order to provide water service to those properties abutting that portion of the street in which the water line is to be installed. Section 3. The location of the improvements to be made is as follows: Street improvements to be installed on South Mason Street between West Drake Road and West Horsetooth Road; water line to be installed within the Mason Street right-of-way between Swallow Road and Harvard Street. Section 4. The City Engineer is hereby directed to prepare and present to the Council the following: A. Preliminary plans and specifications of the improve- ments proposed. B. An estimate of the total cost of such improvements, including the cost of constructing the same, engineering, legal and advertising costs, interest during construction and until assessments are made by ordinance against the properties benefited, and other incidental costs. C. A map of the district to be assessed for the cost of the improvements. Section 5. Said improvement district shall be known as Street Improvement District No. 73. Passed and adopted at a regular meeting of the City Council held this 4th day of October, 1977. ATTEST: l�4 C/ Ii.-+. _Q City Clerk eputy 186 1 October 4, 1977 City Attorney March advised Council that there has been ' submitted by James Stewart and Associates a report and it has been adopted by the City Engineer as his report and it has been presented. Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED RESOLUTION 77-64 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE REPORT OF THE CITY ENGINEER ON THE ESTIMATES, COSTS AND ASSESSMENTS FOR STREET IMPROVEMENT DISTRICT NO. 73, APPROVING THE DETAILS AND SPECIFICATIONS FOR SUCH PROPOSED DISTRICT, DETERMINING THE AMOUNT OR PROPORTION OF THE TOTAL COST TO BE PAID BY A METHOD OTHER THAN ASSESSMENTS AGAINST PROPERTY IN THE DISTRICT, THE NUMBER OF INSTALLMENTS AND THE TIME WITHIN WHICH THE COST OF THE IMPROVEMENTS ASSESSED AGAINST PROPERTY IN THE DISTRICT WILL BE PAYABLE, THE RATE OF INTEREST TO BE CHARGED ON UNPAID INSTALLMENTS, THE PROPERTY TO BE ASSESSED FOR THE IMPROVEMENTS, THE METHOD OF MAKING SUCH ASSESSMENTS, AND THE DATE WHEN THE COUNCIL WILL HOLD A HEARING AND CONSIDER THE ORDERING.BY ORDINANCE OF THE PROPOSED IMPROVEMENTS WHEREAS, heretofore the City Council by resolution directed the City Engineer to make a complete survey of proposed Street Improvement District No. 73,.including the preparation of a map, plans and specifications, and estimate of cost of the improvements in said proposed district; and WHEREAS, the City Engineer has made his report and has presented the details and specifications for the proposed district. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the report, plans, specifications, map and estimate as presented by the City Engineer for said district be and the same hereby are accepted and approved. 1 187 October 4,. 1977 Section 2. The following amount or proportion of the total cost of such improvements shall be paid by the City at large and not by assessments against property in the district, ' to -wit: The cost of installing curb and gutter on the west side of the street to be improved (South Mason Street) and one-half of the cost of improvements in each street inter- section to be improved.. Section 3. The property to be assessed for the improve- ments shall be as follows: Property abutting the right-of- way for South Mason Street on the east will be assessed. Section 4. Assessments for the cost of installing the improvements in the district will be made as follows: All street improvement costs except those to be paid by the City at large shall be assessed upon the lots and lands abutting the street to be improved on the east side of the street in proportion as the frontage of each lot or tract of land is to the frontage of all lots and lands abutting the east side of the street. The cost of installing the water main to be installed within the right-of-way of South Mason Street between Swallow Road and Harvard Street will be assessed against the lots and lands abutting South Mason Street on the east between Swallow Road and Harvard Street in proportion as the frontage of each lot or tract of land abutting such portion of South Mason Street is to the frontage of all lots and lands abutting such portion of South Mason Street. ' Section 5. Said assessments shall be payable in ten (10) equal annual installments, with interest on the unpaid installments at the rate of eight percent (88) per annum. Section 6. That on the 15th day of November, 1977, at the hour of 5:30 o'clock P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers of the City Hall, City of Fort Collins, is the date on which the Council of the City of Fort Collins will consider the ordering by ordinance of the proposed improvements and hear all complaints and objections that may be made and filed in writing concerning the proposed improvements by the owners of any real estate to be assessed or any persons interested generally. Section 7. The City Clerk be and she hereby is directed to give notice by publication and mailing to the owners of property to be assessed and to all interested persons generally, all as set forth in Chapter 16 of the Code of the City of Fort Collins. 188 1 October 4, 1977 Passed and adopted at a regular meeting of the City Council held this 4th day of October, 1977. ATTEST: n 4'0- . l City Clerk (Deputy) NOTICE TO THE OWNERS OF PROPERTY TO BE ASSESSED IN STREET IMPROVEMENT DISTRICT NO. 73 AND TO ALL INTERESTED PERSONS OF THE KINDS OF IMPROVEMENTS PROPOSED, THE NUMBER OF INSTALLMENTS, AND THE TIME IN WHICH THE COST OF SUCH IMPROVEMENTS WILL BE PAYABLE, THE RATE OF INTEREST TO BE PAID ON UNPAID AND DEFERRED INSTALL- MENTS, THE EXTENT OF THE DISTRICT TO BE IMPROVED, THE PROBABLE COST AND THE MAXIMUM COST TO BE ASSESSED, THE TIME WHEN THE CITY COUNCIL WILL CONSIDER ORDERING BY ORDINANCE THE PROPOSED IMPROVEMENTS AND HEAR COMPLAINTS AND OBJECTIONS, AND THAT A MAP OF THE DISTRICT AND DETAILS CONCERNING THE SAME ARE ON FILE AND CAN BE SEEN IN THE CITY CLERK'S OFFICE Public notice is hereby given to persons interested and to owners of property to be assessed in Street Improvement District No. 73 that the kind of improvements proposed for said district is: street pavement, curbs and gutters, street lighting and a water main, and that the cost of said improvements as assessed will be payable in ten (10) equal annual installments and that the rate of interest to be paid on unpaid and deferred installments will be eight percent (8%) per annum and that the extent of the district to be improved is as follows: pit -Sol October 4,. 1977 South Mason Street between West Drake Road and West Horsetooth Road to be improved with pavement, curb, ' gutters and street lighting. Water main to be installed within the right-of-way of South Mason Street between Swallow Road and Harvard Street; and that the probable cost of said improvements as shown by the total estimate of the City Engineer is $207,803.00 for street improvements and $20,528.00 for water main improvements, exclusive of the cost of collection, legal, advertising, engineering, financing, interest and other incidentals and that to said cost will be added an amount equal to twenty- five percent (25%) of such cost to cover the expense of collection, legal and advertising, engineering, financing, interest during construction, and other incidentals and thac assessments for the cost of such improvements within the district will be made as follows: the cost of street improve- ' ments after first deducting the portion of the cost to be paid by the City at large for curb and gutter on the west side of Mason Street and one-half the cost of intersections will be assessed against the lots and lands abutting the portion of the street to be improved on the east in proportion as the frontage of each such lot or tract of land is to the frontage of all lots and lands so abutting this portion of South Mason Street; the cost of installing the water main will be assessed against the lots and lands abutting South Mason Street on the east between Swallow Road and Harvard Street where such line is installed in proportion as the 190 1 October 4, 1977 frontage of each such lot or tract of land is to the frontage ' of all lots and lands so abutting this portion of South Mason Street; and that the maximum cost to be assessed, exclusive of the cost of collection, legal and advertising, engineering, financing, interest during construction, and other incidentals, is as follows: $48.72 per abutting front foot for street improvement costs and $17.58 per abutting front foot for water main installation costs; and that on the 15th day of November, 1977, at the hour of 5:30 o'clock P.M., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, Fort Collins, Colorado, is the date that the City Council will consider the ordering by ordinance of the proposed improvements and hear all complaints and objections ' that may be made and filed in writing by the owners of any property to be assessed or persons interested generally. All complaints or objections should be made in writing and filed in the office of the City Clerk in the City Hall before said date; and That a map of the district and estimates of cost, schedules showing the approximate amount to be assessed upon the several lots or parcels of land within the district and all proceedings of the City Council in the premises are on file and can be seen and examined in the City Clerk's office during business hours at any time before said hearing. 191 October 4, 1977 Dated at Fort Collins, Colorado, this 4th day of October, A.D. 1977. ' City Clerk Z eputy Resolution Adopted Approving a Right of Way with Union Pacific Railroad Company Following is the City Manager's memo regarding this item: "Two rights of way for electric lines are provided for in the attached agreement with the Union Pacific Railroad Company. One crosses the Railroad right of way at Harmony Road and the other parallels the right of way north of Harmony Road. The memo from the Light and Power Department explains the need for I these rights of way." Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: Councilman Russell. THE MOTION CARRIED RESOLUTION 77-65 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH UNION PACIFIC RAILROAD ODMPANY M EREAS, Union Pacific Railroad Company has tendered to City of Fort Collins, State of Colorado, an agreement covering the maintenance and operation of an underground power wire line encroachment and crossing, Harmony, Larimer County, Colorado, such agreement being identified in the records of the Railroad Company as its C.D. No. 39850-11; and WHEEWAS, the Council of the City of Fort Collins has said proposed agreement before it and has given it careful review and consideration; and 192 October 4, 1977 WHEREAS, it is considered thatthe best interests of said City of Fort Collins, ' State of Colorado, will be subserved by the acceptance of said agreement: THEREIDRE, BE IT RESOLVED BY THE CDINCIL OF THE CITY OF FDRT COLLINS, STATE OF ODLDRADO, that the terns of the agreement submitted by Union Pacific Railroad Company as aforesaid be, and the same are hereby, accepted in behalf of said City; That the Mayor of said City is hereby authorized, enpowered and directed to execute said agreement on behalf of said City, and that the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this resolution. Passed and adopted at a regular meeting of the City Council held this 4th day of October, A.D. 1977. ATTEST: ' City Clerk (Deputy) Ordinance Tabled on First Reading Rezoning the Anderson - West Prospect Property Interim City Manager Paul Lanspery stated that the petitioner requested that this be tabled to the next Council meeting. Councilman Bowling made a motion, seconded by Councilwoman Gray to table Ordinance No. 121, 1977 to the October 18, 1977 meeting. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Suinn. Nays: None. (Councilman Wilkinson out of the room.) THE MOTION CARRIED 193 October 4, 1977 Drake Park PUD, Second Filing, Final Plat and Plans Tabled to October 18, 1977 ' Interim City Manager Paul Lanspery advised that the petitioner requested this be tabled to the next regular Council meeting. Councilman Bowling made a motion, seconded by Councilman Russell to table the Drake Park PUD, Second Filing, final plat and plans to the October 18, 1977 meeting. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Suinn. Nays: None. (Councilman Wilkinson out of the room.). THE MOTION CARRIED Reconsideration of Ordinance No. 120, 1977 Rezoning the Smith -West Prospect Street Property Ordinance Tabled to November I 1977 Mayor Bloom announced that there had previously been some discussion about reconsidering this matter. Council stated they would be willing to reconsider if there could be some kind of limitation or lowering of the number ,3f units in a R-L-P zone so that there could be a safeguard on the drainage area and the landscaping. ' Councilman Bowling made a motion, seconded by Councilman Russell to reconsider action on Ordinance No. 120, 1977. Yeas: Council - members Bloom, Bowling, Russell, St. Croix and Wilkinson. Nays: Councilmembers Gray and Suinn. THE MOTION CARRIED Councilman Bowling made a motion, seconded by Councilman St. Croix to table this item to the November 1, 1977 meeting. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: Councilman Suinn. THE MOTION CARRIED Adjournment The meeting was adjourned to 1:30 p.m. on October 11, 1977. ATTEST: Deputy Cityler 194