HomeMy WebLinkAboutMINUTES-10/18/1977-Regular' October 18, 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, October 18, 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, Ferluga, Diebel, Kaplan,
Bingman, Krempel, Woods, Wood, Liley
and Lewis.
Also: City Attorney Arthur March, Jr.
Minutes of the Regular Meeting of
September 20, 1977 Approved as Published
Councilman Wilkinson made a motion, seconded by Councilman Suinn
to approve the minutes of the regular meeting of September 20, 1977
as published. Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted on Second Reading Annexing
the Lindenmeier First Annexation
Following is the City Manager's memorandum on this item:
"This ordinance was passed on first reading at the October 4, 1977,
Council meeting. This area consists of 17 lots which are directly
south of Lindenwood Estates and Lindenmeier Lake. At Council's
direction, the Administration prepared an agreement providing,
sanitary and electric service to the-Lindenmeier Subdivision. A
requirement of the Council -approved agreement stated that the
owner agreed to annex this property to the City when it became
eligible for such annexation."
I
Councilwoman Gray inquired whether this petitioner will be required
to pay parkland fees.
1917
October. 18, 1977
Interim City Manager Lanspery and City Attorney March stated they I
would be required to pay the parkland fees at the time of applying
for water service.
Councilman Wilkinson made a motion, seconded by Councilwoman Gray
to adopt Ordinance No. 117, 1977 on second reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson.
Nays: Councilman Suinn.
THE MOTION CARRIED
ORDINANCE NO. 117 , 1977
BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE
LINDENMEIER FIRST ANNEXATION TO THE CITY OF FORT COLLINS
WHEREAS, heretofore, a written petition, together with four prints
of an annexation map was filed with the City Clerk of the City of Fort
Collins requesting the annexation of certain territory more particularly
described below to the City; and
WHEREAS, the City Council has found and determined and does hereby
find and determine that said petition is in substantial compliance with
the provisions of Colorado Revised Statutes, 1973, Section 31-8-107 I
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.
October 18,.1977
' 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 Northwest 1/4 of Section
6, Township 7 North, Range 68 West of the Sixth P.M.,
which, considering Jhe West line of the said Northwest
1/4 as bearing N 00 09'30" W and with all bearings con-
tained herein relative thereto, is contained within the
boundary lines which begin at a point on the said West line
which bears S 00 09'30" E 1731.79 feet from the Northwest
corner of said Section 6, and run thence S 00 09'30" E
250.59 feet along said West line; thence N 88°58' E 501.18
feet; thence N 00°09'30" W 250.59 feet; thence S 88°58' W
501.18 feet to the point of beginning, containing 2.8828
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 Lindenmeier First 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 4th day of October , A.D. 1977, and to be presented for
final passage on the 18th day of C
ATTEST:
o„ . ,b _t.
sty clerk enuty
October. 18, 1977
Passed and adopted on final reading this 18th day of October
A.D. 1977.
ATTEST:
i y erk
First Reading: October 4, 1977
Second Reading: October 18, 1977
Dates Published: October 9, 1977
Attest:
,^ r
ity Cler
(Vote: Yeas:
(Vote: Yeas:
and October 23, 1977
Ordinance Adopted on Second Reading
Zoning the Lindenmeier First Annexation
4, Nays: 3)
6, Nays: 1)
Following is the City Manager's memorandum on this item:
"This Ordinance was passed on first reading at the October 4, 1977,
City Council meeting. It allows for R-L zoning of the property
included in the Lindenmeier First Annexation.
The Planning and Zoning Board did not recommend any zoning for
this parcel since they recommended against the annexation of the
property into the City. The Planning staff and the developer both
agreed to the recommended zoning of R-L, Low Density Residential."
Councilman Suinn made a motion, seconded by Councilman St. Croix
to adopt Ordinance No. 118, 1977 on second reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
THE MOTION CARRIED
;C Cf Rf .._ ..
October 18, 1977
ORDINANCE NO. 118 , 1977
' BEING AN ORDINANCE AMENDING CHTP—TER 118 OF THE CODE OF
THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING
ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE
PROPERTY INCLUDED IN THE LINDENMEIER FIRST 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 Lindenmeier
First Annexation to the City of Fort Collins, Colorado, in the R-L,
Low Density Residential Zoning District.
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 4th day of October , A.D. 1977, and to be
presented for final passage on the 18th day of October , A.D. 1977.
ATTEST:
City Clerk (Deputy)
Passed and adopted on final reading this 18th
A.D. 1977.
ATTEST:
City Clerk
W
day of October,
October. 18,. 1977
First Reading: October 4, 1977 (Vote: Yeas: 7, Nays: 0)
Second Reading: October 18, 1977 (Vote: Yeas: 7, Nays: 0)
' Dates Published: October 9, 1977 and October 23, 1977
Attest:
o
i
City Clerk
Ordinance Adopted As Amended on First Reading
Zoning the Lands Known as Harmony Annexation No. 3
'
Following is the City Manager's memorandum and recommendation on
this item:
"At the October 4, Council meeting, the Council passed on first
reading the Ordinance annexing the property known as Harmony
Third Annexation. The second reading of this ordinance is
scheduled for consideration at tonight's meeting and, if passed,
this annexation would be complete on October 28.
At the September 12 meeting of the Planning and Zoning Board, the
Board voted to recommend to Council that the Harmony Third Annexa-
tion be zoned as follows: 80 acres known as the Harmony Mobile
Home Park to be zoned M-M, Medium Density Mobile Home District;
'
160 acres to the north and west of the Mobile Home Park to be
zoned T-Transition; the zoning on the portion belonging to
Hewlett-Packard was an error on the annexation petition relating
to the Mobile Home Park Site and the zoning on this site was
considered again by the Planning and Zoning Board on October 10.
iAt
that time, the petitioners representing the Mobile Home Park
'area, requested that approximately 7 acres of that area (with a
quarter of a mile frontage on Harmony Road, 300 feet deep), be
zoned H-B, Highway Business, and the remainder in the M-M zone.
The Planning and Zoning Board recommended that this property be
placed entirely in the M-M zone. Additionally, the Board recom-
mended that the H-P property be zoned I-L, Limited Industrial.
Hewlett-Packard is in agreement with this designation. The
attached memo from the Planning staff, as well as the attached
comments presented to the Planning and Zoning Board more fully
present the background and planning analysis of this property.
Recommendation: The Administration recommends that Council zone
the approximate 160 acres to the north and west of the Harmony
Mobile Home Park in the T-Transition Zone and the small portion
of Hewlett-Packard property in the I-L, Limited Industrial Zone.
The Administration further recommends, with.regard to the property
of the Harmony Mobile Home Park, that Council consider petitioner's
request (for approximately 73 acres zoned in the M-M, Medium '
Density Mobile Home District and 7 acres zoned in the H-B,
Highway Business District), and the recommendation of the Planning
and Zoning Board (all 80 acres in the M-M District) in light of the
series of Harmony Annexations and place that property in the most
appropriate zone." 206
October 18, 1977
' Planning Director Les Kaplan identified the area in question and
spoke to the rationale behind the Planning and Zoning Board and
staff recommendation. He concluded his remarks by stating that
the only contested area is the seven acre site which fronts on
College Avenue. The Planning and Zoning Board is recommending a
continuation of the Mobile Home Zoning and the petitioner is
requesting the Highway Business Zone.
Attorney David Wood, representing the owners of this parcel
Harmony Road Mobile Home Park, spoke to the petitioner's request
for a business related zoning and to the history of the property on
the front 300 feet which is( presently zoned "C" Commercial in
the County and has so been zoned since 1969. Attorney Wood
further stated that the way the streets are laid out and the
utilities are installed, it becomes a_ practical or economic
impossibility to develop as a mobile home area without a business
type zoning. He established that the owners were interested
in City services and "entered into an agreement for those City
services and agreed to join in annexation when the time came.
Councilmembers expressed concern to having the proposed Highway
Business area turned in rather than out; they then inquired is
the petitioners would consider a "T" zone in this area in order
that the plans for this site be developed. Attorney Wood stated
he would confer with his clients.
Mayor Bloom declared that further consideration of this item
would be deferred until after Citizen Participation on the
agenda. He then declared a half hour recess.
Citizen Participation
a. Mayor Bloom introduced Mr. John Arnold, City Manager who will
take office on October 20, 1977.
b. Proclamation for United Nations Day for October 24, 1977.
c. Mr. Loren Maxey, 615 South Loomis, spoke to the following
topics:
1. That the City crews trim the trees around existing street
lights.
2. Parking in the vicinity of Loomis and Myrtle,which is
occupied by students and staff members of the university,
not be allowed in ,'excess of.the 72 hour parking limit.
3. What is the City intending to provide for parking around
the Lincoln Community Center.
' Mayor Bloom requested that Interim City Manager Lanspery
review the (three above) situations and report directly to
Mr. Maxey.
,Jos'
October 18, 1977
Ordinance Adopted as Amended on First
Reading Zoning the Harmony Annexation No. 3
Attorney David Wood stated that after considerable deliberation
the petitioners "wished to amend petitions for zoning from Highway
Business to Planned Business and offer to enter into an agreement
with the City which would in all events limit the amounts of
buildings under cover to use for business purposes to not more
than 90,000 square feet which would have the effect of assuring
that the nature and purposes of any business development -within___
the area, would be, by size, necessarily limited to. serve the
immediate neighborhood."
Councilman Wilkinson made a motion, seconded by Councilman Russell
that the seven acres be zoned Planned Business, with a limit of
90,000 square feet under roof, and the balance of 73 acres be
zoned M-M Medium Density Mobile Home zone.
City Attorney March clarified that the pending motion is intended
to establish the feel of the Council; if this were to pass Council
would have to amend the ordinance to accomplish the motion.
Mayor Bloom ,put the motion with the following vote: Yeas:
Councilmembers Bloom, Russell and Wilkinson. Nays: Councilmembers
Bowling, Gray, St. Croix and Suinn.
THE MOTION WAS DEFEATED
Councilman Bowling made a motion, seconded by Councilman Russell
to adopt Ordinance No. 127, 1977 as recommended by the Planning
and Zoning Board. Yeas: Councilmembers Bloom, Bowling, Gray
and St. Croix. Nays: Councilmembers Russell, Suinn and Wilkinson.
'THE MOTION CARRIED
(Secretary's Note: This ordinance was amended under "Other
Business" at the end of the meeting and adopted as amended.)
Ordinance Adopted on Second Reading Annexing
Lands Known as Harmony Annexation No. 3
Following is the City Manager's memorandum. on this item:
"This Ordinance was passed on first reading at the October 4th
City Council meeting. This proposed annexation extends along
Harmony Road from the present City Limits on Lemay Avenue to,
and including a portion of the Hewlett-Packard site. The
annexation includes Harmony Road Mobile Home Park, the undeveloped
lands adjoining the park on the north and west, and both sides
of Harmony Road for the full length of the annexation. (This
prevents jurisdictional questions arising in connection with
traffic enforcement.)"
2."
1
October. 18,.1977
' Councilman Russell made a motion, seocnded by Councilman Bowling
to adopt Ordinance No. 116, 1977 on second reading. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn
and Wilkinson. Nays: None.
THE MOTION CARRIED
ORDINANCE NO. 116, 1977
BEING AN ORDINANCE ANNEXING PR(TP_ERTY KNOWN AS THE
HARMONY THIRD 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:
447
October.18, 1977
Section 1. That all of the territory more particularly described as '
situate in the County of Larimer, State of Colorado, to -wit:
Considering the West line of the Southwest Quarter of Section
32, Township 7 North, Range 88 West of the 6th Principal
Meridian as bearing North 00 04'44" East and with all bearings
contained herein relative thereto.
Beginning at a point on the West line of the Southwest
Quarter of said Section 32 from which thS West Quarter
corner of said Section 32 bears North 00 04'44" East 2629.00
feet, said point being on the Northerly right-of-way line of
State Highway No. 68; thence departing from said Weat line
and along said Northerly right-os-way line North 89 40'53"
West 28.93 feet8 thence North 89 40'53" West 151.00 feet;
thence North 89 40'53" West 145.00 feet; thence departing
from said Northerly right-of-way line and along the Easterly
lige of Harmony Annexation to the City of Fort Collins South
00 17'33" East 168.00 feet to a point on the Southerly line
of said right-of-way; thence departing from said Easterly
lige and along the Southerly line of said right-of-way North
82 35'52" East 134.02 feet; hence South 89 40'53" East
112.90 f8et; thence South 45 01'08" East 71.10 fSet; thence
South 89 40'53" East 29.00 Seet; thence South 89 37'06" East
30.00 fe8t; thence North 45 00'09" East 70.20 feet• thence '
South 89 37'06" East 1381.60 feet; thence South 89 37'06"
East 1188.40 fe8t; thence South 89°37'06" East 1656.90 f8et;
thence South 87 05'06" East 113.2g feet; thence North 87 30'54"
East 581.10 fee; thence North 83 49'54" East 218.60 fe8t;
thence South 48 51'36" East 66.39 feet; thence North 83 50'12"
East 30.78 feet• thence North 83 50'12" East 26.10 feet•
thence North 41d22'12" East 73.20 feet; thence North 87�25'57"
East 500.70 fee; thence South 89°39'48" East 613.00 feet;
thence South 89 50'03" East 1000.00 feet; thence South
89 39'48" East 350.00 feet; thence departing from said
Southerly right -of -wad line North 00 20'12" East 295.36
feet; thence North 89 39'48" West 2542.30 feet to a point on
the West line of the Southwest Quarter of Section 33, Township
7 North, Range 68 West of the 6th Principal Meridian; thence
along said West line South 00000'll" West 126.24 feet to a
point from which the Southwest corner of said Section 33
bears South 00 00'll" West 143.8 feet, said point being on
the Northerly right-of-way line of State Highway No. 68;
thence departing from said West line and along the Northerly
right-of-way line of State Highway No. 68 South 83°49'54"
West 29.20 feet• thence South 41 54'54" West 74.40 feet;
thence South 83849'54" West 232.32 feet; thence South 87°30'54"
West 565.60 feet: thence South 89 34'54" West 143.10 feet:
=4 '.2 b�
October 18, 1977
thence North 88033'51" West 163.02 feet; thence North 89037'06"
' West 145.50 fee; thence North 89 37'06" West 461.50 fee;
thence North 89 30'06" West 500.02 feet; thence North 89 37'06"
West 153.00 feet; thence South 89 49'39" West 206.35 feet to
a point on the North -South centerline of said Section 32
from which the South Quarter corner of said Section 32 bears
South 00 00'24" West 29.72 feet; thende along said North -
South centerline North 00 00'24" East 2623.64 feet to the
center of said Section 32; thence continuing along said
North -South centerline North 00 00'24" East 1327.50 feet to
the Northeast corner of the South Half of the Northwest
Quarter of said Section 32; thence along the North line of
the South Half of the Northwest Quarter of said Section 32
North 89027'57" West 2616.52 feet to a point from which the
Northwest corner of the South Hal' of the Northwest Quarter
of said Section 32 bears North 89 27'57" West 30.00 feet,
said point being on the East line of the Harmony Annexation
No. 2 to the City of Fort Collins; thence along the East
line of said Harmony Annexation No. 2 to the City of Fort
Collins South 00 U01'49" East 1330.16 feet to a point on the
East-West centerline of said Section 32; thence departing
from said East-West centerline and continuing along the East
line of armony Annexation No. 2 to the City of Fort Collins
South 00 04'44" West 2627.93 feet to the Southeast corner of
said Harmony Annexation No. 2; thence along ' the Southerly line of said Harmony Annexation No. 2 South 88 25'50" West
30.01 feet more or less to the Point of Beginning.
be and it hereby is, annexed to the City of Fort Collins and made a part
of said City, to be known as the Harmony Third 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 4th day of October , A.D. 1977, and to be presented for final
passage on the 18th day of October .D 197
' Mayo
i�
�cq
October.18, 1977
ATTEST:
City Clerk Deputy
Passed and adopted on final reading th* 18th day of October ,
A.D. 1977. / A „ „
^ P
ATTEST: -
ity Clerk
First Reading: October 4, 1977 (Vote: Yeas: 5, Nays: 2)
Second Reading: October 18, 1977 (Vote: Yeas: 7, Nays: 0)
Dates Published:.. October 9, 1977 and October 23, 1977
Attest,,:
City Clerk
Ordinance Adopted on First Reading Vacating
Johnsmith Street and a Ditch Easement Dedicated
in the Strachan Subdivision, First Filing
Following is the City Manager's memorandum on this item:
"The owners of the Strachan Subdivision, First Filing, have
requested that the easement for Johnsmith Street as shown on
the plat of that subdivision be vacated and that an easement
for an irrigation ditch shown on the plat also be vacated.
This request is made because of the re -subdivision of this
land and other land in order to reflect a different develop-
ment concept. The Council has approved the re -subdivision
plat and, therefore, these easements on the original plat
should be vacated. The enclosed Ordinance will accomplish
this."
October 18, 1977
' Councilman St. Croix made a motion, seconded by Councilwoman
Gray to adopt Ordinance No. 123, 1977 on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted on First Reading Vacating a
Portion of an Easement in the Harvard Subdivision, Second Filir
Following is the City Manager's memorandum on this item:
"At the adjourned meeting of October 11, 1977, the City Council
considered a request for the vacation of a portion of a utility
and irrigation easement in Lot 1 of the Harvard Subdivision,
Second Filing.
The Owners of the lot are in the process of constructing a
building on the north 80 feet of the property and footings for
the building have been placed some four feet to the north of
their intended location.
The attached Ordinance vacates four feet of the easement and
' this vacation will in no way adversely affect the public interest.
The City will retain 16 feet of this easement for irrigation and
drainage purposed."
Councilman Wilkinson made a motion, seconded by Councilwoman Gray
to adopt Ordinance No. 128, 1977 on first reading. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn
and Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted on First Reading Designating
the Montezuma Fuller House as an Historic Landmark
Following is the City Manager's memorandum on this item
"The Cultural Resources Board has recommended that the
Montezuma Fuller House located at 226 West Magnolia be designated
as an historic landmark. The owner, Gary E. Hixon, has signed
the consent to designate this property as an historic landmark.
The Administrative Procedures now provide that after Council
approval of this Ordinance, the City Clerk will notify the
Engineering Services Department (i.e., Building Inspection
' that this structure is now a designated historical landmark.y'
,Lll
October 18, 1977
Councilwoman Gray made a motion, seconded by Councilman Bowling '
to adopt Ordinance No. 124, 1977 on first reading. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn
and Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted on First Reading Assessing
the Cost of Sidewalk Improvement District No. 6
Following is the City Manager's memorandum on this item:
"This is the Council meeting scheduled for the hearing on the
assessments to be made because of Sidewalk Improvement District
No. 6. This district was formed to install sidewalk improvements
in the following locations:
1. Stuart Street, south side between Busch Court and Lemay.
2. Locust Street, north side between Peterson Street and
Stover Street.
3.
Locust Street,
south
side, from Stover Street one-half
block east.
4.
Pitkin Street,
south
side between Peterson Street and
Stover Street.
5.
Stover Street,
east
side between Locust Street and
Elizabeth Street.
6.
Stover Street,
east
side, from Stuart Street, one-half
block north.
The Council should receive any written objections to the property
assessments and any presentations which any interested parties
desire to make at the hearing. After the close of the hearing,
a determination should be made whether to make any adjustment
to the property assessments. If adjustments are to be made,
these can be inserted in the ordinance at that time. Assuming
no adjustments, the ordinance should be passed in the form
presented.
Recommendation: The Administration recommends that the Council
consider any objections, make any changes it feels proper, and
pass the ordinance assessing the costs under this district."
Mayor Bloom declared the public hearing on the ordinance open.
City Clerk Verna Lewis declared there were no written remon-
strances filed with the City. Mayor Bloom inquired if there
was anyone wishing to speak on this item; hearing none, he
declared the hearing closed.
1
October. 18, 1977
' Councilwoman Gray made
to adopt Ordinance No.
Councilmembers Bloom,
Suinn and Wilkinson.
THE MOTION CARRIED
a motion, seconded by Councilman Suinn
122, 1977 on first reading. Yeas:
Bowling, Gray, Russell, St. Croix,
Nays: None.
Street Liphtina Standard Tabled
Following is the City Manager's memorandum on '.this item:
"Attached is a memorandum from Roy A. Bingman, Director of
Engineering Services, recommending the adoption of a standard
for street lighting.
This was discussed at a recent budget session and referred
to the next regular meeting of the Council for adoption."
Councilwoman Gray stated that at the work session she had
requested that the Police Department and especially the
Prevention Bureau be contacted regarding the standard and
how they related to crime prevention particularly in resi-
dential areas.
Director of Engineering Services Roy A. Bingman stated this
had not been done. Chief Smith stated he had not reviewed
the standards.
Councilman Bowling made a motion, seconded by Councilwoman Gray
to adopt the proposed standards.
Interim City Manager Lanspery stated this item could be tabled
to the November 1, 1977 meeting after consulting with the
Police Department.
Councilman Bowling made a motion, seconded by Councilwoman Gray
to table this item to November 1, 1977. Yeas: Councilmembers
Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays:
None. (Councilman Russell out of the room.)
THE MOTION CARRIED
113
October 18, 1977
Saddleback Subdivision Water I
Sewer Request Approved
Following is the City Manager's memorandum and recommendation
on this item:
"This is a request by Deines Homes, Inc., for City utility
service for a 50-acre subdivision located on Taft Hill Road
one-half mile north of Vine Drive. When fully developed, the
subdivision will contain 99 single-family units. The Water
Board and Planning and Zoning Board have favorably reviewed
the proposed development on the premise that City utility
service would be required.
Recommendation: The Administration agrees with the conclusions
reached y t e Planning and Zoning and Water Boards and recom-
mends approval of the request for City water and sewer utility
service extension."
City Attorney March clarified that parkland fees would be
collected on this subdivision at the time of first connection
to any City utility, in or out of the City.
Mr. Mike Jones, representing the developer, stated he would '
answer any questions.
Councilman Bowling made a motion, seconded by Councilman
Wilkinson to approve the request for the water and sewer
extension. Yeas: Councilmembers Bloom, Bowling, Gray,
St. Croix, Suinn and Wilkinson. Nays: None. (Councilman
Russell out of the room.).
THE MOTION CARRIED
Various Deeds and Easements Accepted
Following is the City Manager's memorandum on this item:
1. Easement from Armory Realty Company for the installation
and continued operation, maintenance, repair, alteration,
inspection, and replacement of the underground and/or.
overhead electric transmission and distribution lines
along the west side of the old Post Office building at
Oak and College, to permit electrical service to be
installed to the above building.
Consideration: $1.00 '
ivy
October.18,.1977
' 2. Easement Grant from Elmer L. and William J. Brune for a
sanitary sewer line on the north side of Horsetooth to
Stover, to serve the Foothills Square development.
Consideration: None.
Easement from Hewlett-Packard Company for the installation
and continued operation, maintenance, repair, alteration,
inspection, and replacement of underground electric trans-
mission and distribution lines along the west and south
edges of the Hewlett-Packard property on East Harmony
Road, to provide electrical service to the Hewlett-Packard
facility and adjacent areas.
Consideration: $1.00"
Councilwoman Gray made a motion, seconded by Councilman Bowling
to accept the above deeds and easements. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson.
Nays: None.
THE MOTION CARRIED
' Foothills Square P.U.D. - Clarification
of Subdivision Plat Name Approved
Following is the City Manager's memorandum and recommendation
on this item:
"At the September 20th Council meeting, the Council approved the
final plan and plat for Foothills Square PUD. A question has
since arisen regarding the plat filed with this PUD since the
name on the plat is "Strachan Subdivision Second Filing."
Strachan Subdivision, Second Filing, is'not an approved sub-
division. There is nothing in the Council minutes of September
20th to tie the two together. Therefore, it is necessary to
make a record of the fact that the plat known as Strachan.Sub-
division Second Filing is the approved plat for the Foothills
Square PUD.
Recommendation: The Administration recommends that Council
clarify its previous action of September 20, 1977, approving
the Foothills Square PUD to include approval of the plat
entitled Strachan Subdivision, Second Filing."
City Attorney March stated this item is on the agenda so there
will be an official record made of it, in order to tie a PUD
2 is—
October 18,.1977
to a subdivision. Normally one would have the same name ,
for the subdivision as for the PUD.
Councilwoman Gray made a motion, seconded by Councilman
Wilkinson to approve the recommendation of the administration.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Councilman Wilkinson made a motion, seconded by Councilwoman Gray
to approve the plat of the Strachan Subdivision, Second Filing.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Change in Job Status From Interim
City Manager to Assistant City Manager
Following is the City Manager's memorandum and recommendation
on this item:
"John Arnold will begin his duties as City Manager on October 20, '
1977. As of that date my assignment as Interim City Manager
will end. While serving as Interim City Manager, I received
$2,143 per month, or an increase of $343. Effective October 20,
1977, my position should return to that of Assistant City
Manager with the monthly salary of $1,800.
Recommendation: The Administration recommends that Council
approve the--cTianges in job classification and pay for Paul. A.
Lanspery upon completion of assignment as Interim City Manager.
This action returns Mr. Lanspery to the position of Assistant
City Manager at the salary of $1,800 per month."
Report from Interim City Manager
a. Interim City Manager Lanspery reminded Council of the tour
and presentation by Hewlett-Packard at 12:00 Thursday,
October 20, 1977 at the Prime Minister Restaurant.
b. Interim City Manager Lanspery distributed the tentative
work session agenda for the following months.
C. Interim City Manager Lanspery distributed a packet of ' '
information on pending legislation regarding funding Social
Security. A letter from the Mayor will be sent opposing
� `
;ilfe
October 18, 1977
this legislation from a financial impact on the City and
the pension funds. The City Attorney will also prepare
a resolution to be presented November 1, 1977.
d_ Roger Krempel, Director of Water and Sewer Utilities, gave
an update report on the Joe Wright Reservoir.
e. Pat Polifka, Special Projects Coordinator, gave an oral:
report on the Lincoln Community Center and the new
City Hall.
Resolution Adopted Adopting the 1978 Budget
Following is the City Manager's memorandum on this item:
"Attached is a resolution in compliance with the provisions
of Section 2, Article V, of the City Charter adopting the 1978
Budget. The total budget is essentially the same as submitted
on September 9, 1977. Revisions to some general fund revenues
(payment in lieu of taxes, building inspection fees and Trans -
fort revenues) and minor expenditure reductions in general fund
utility line items were made. In preparing the Resolution,
we also found a transposition error in the budget summary page
B-1, which has also been corrected. As amended, the total
City Budget for 1978 will be $40,669,123.
We believe this budget adequately addresses the needs and demands
of City residents while at the same time maintains our solid
financial position.
Please note that we expect to end 1977 with a $2,314,093 general
fund balance. Pursuant to Council direction, in the next month
we will report back on possible uses for a portion of these
funds including signalization improvements on College Avenue,
extension of Lemay Avenue to Highway 14 and financing of some
pension fund liabilities. Council may appropriate monies from
our fund balance for a particular purpose any time during the
year.
We are also presently working on a more permanent funding
arrangement for Care -A -Van which may cause some adjustments in
the seven-year capital Transfort account after the budget is
approved."
October 18, 1977
Mayor Bloom declared the public hearing open on the 1978 I
Budget and Revenue Sharing; hearing no comments, he declared
the public meeting closed.
Councilman Wilkinson made a motion, seconded by Councilman
Bowling to adopt the resolution. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson.
Nays: None.
THE MOTION CARRIED
RESOU"ION 77-66
e• �• i i� •• v 24 u a a«a c �• a ••� Ohio'
WHEREAS, the City Manager has heretofore prior to the first Monday in
October, 1977, submitted to the Council a proposed budget for the next ensu=
ing budget year with an explanatory message pursuant to the provisions of
Section 2, Article V, of the City Charter; and
WHEREAS, the Council thereafter within 10 days after the filing of said
budget estimates set October 18, 1977, as the date for a public hearing thereon'
and caused notice of such public hearing to be given by publication pursuant
to Section 3, Article V, of the City Charter; and
WHEREAS, Section 4, Article V, of the City Charter provides that the
Council shall adopt the budget for the ensuing fiscal year and shall fix the
tax levy after said public hearing and before the last day of November of each
year,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY CF FORT CDUJNS,
that the budget prepared in detail by the said City Manager in compliance with
the provisions of Section 2, Article V, of the City Charter for the fiscal year
ending December 31, 1978, be and the same is hereby adopted as a basis for the
annual appropriations ordinance for the fiscal year ending December 31, 1978,
as follows:
DISBUR$EMENPS BY APPROPRIATIONS
GENERAL FUND:
Boards and Comnissions ......................... $ 2,260
City Attorney .................................. 115,825
City Clerk ..................................... 118,025:
City Council ................................... 58,285
City Manager '
;Lip
October. 18, 1977
Administration ..............................
70,645
Budget and Research
,50
'
Public Information
1515,850
Internal Auditing ..........................
24,485
Comunity Projects and Open Space ..............
56,990
Finance
Administration ..............................
45,970
Research and Development ....................
22,680
Accounting ..................................
129,620
Revenue .....................................
482,350
G.A.S.
Administration ..............................
47,965
Personnel ...................................
103,075
Purchasing ..................................
96,060
Management Information Systems ..............
295,275
Buildina Repair and Maintenance .............
285,630
Employee Health and Safety ................... $
40,475
Stock Control ................................
177,960
Municipal Court .................................
70,725
Human Resources
Administration ...............................
44,335
Social Services ..............................
150,800
Human Rights and Affirmative Action ..........
22,090
Housing Administration ......................:
36,170
Planning ........................................
165,200
Fire
Administration
112,130
Communications ...............................
67,070
Prevention ...................................
45,975
Training ......................................
32,695
Firefighting .................................
1,005,980
Police
Office of the Chief of Police ................
70,530
Uniformed Services ...........................
1,066,235
Planning, Budgeting and Administration .......
305,195
Investigative Division .......................
376,930
Engineering Services
Administration ...............................
62,390
Building Inspection ..........................
243,650
Engineering ..................................
380,010
Streets ......................................
697,920
Traffic ......................................
588,585
Cultural Affairs
Administration ...............................
38,615
Lincoln Community Center .....................
90,775
Museum .......................................
53,005
Historic Landmarks ...........................
2,780
Library
Administration .............................
129,395
Technical Services ......
68,625
'
Public Services .. ..................
324,055
z�9
October 18, 1977
Parks and Recreation
Administration ...............................
48,175
Recreation ..................
'
666,330
Parks........................................
527,505
Forestry. .....................................
109,100
Cemeteries ...................................
194,940
Special Items
Workmen's Compensation .......................
60,000
Salary and Fringe Benefit Improvements .......
450,000
Liability Insurance ..........................
101,670
Airport Board Contribution ...................
17,500
Contingency ..................................
100,000
Total ...........................................
$10,762,660
LESS INPER-FIND TRANSFERS ....................... 177,960
TOTAL GMERP.L FUND ....... .................... $10;584,700
Seven -Year Capital Improvements
Seven -Year Capital Program .................. $ 3,000,053
Parkland Development Program ................ 516,359
Conservation Trust Find ..................... 14,330
Total . .......................................... $ 3,530,742
LESS INTER -FUND TRANSFERS ...................... 323,779 '
TOTAL SEVEN-YEAR CAPITAL IMPROVRENI'S .......... $ 3,206,963
Revenue Sharing ................................ 1,381,350
LESS INTER -FUND TRANSFERS ...................... 1,381,350
TOTAL REVENUE SHARING .......................... -0-
TOTAL C(MMUNIY DEVELOPMENT .................... $ 622,000
TOTAL ECONOMIC DEVELOPMENT ACT ................. $ 756,000
Equipment Fund ................................. 1,508,347
LESS INTER -FUND TRANSFERS 1,508,347
TOTAL EQUIPMENT FUND .......................... -0-
TOTAL GOLF FUND ............................... $ 313,615
76EAL TRANSFERT FUND .......................... $ 156,835
ZL6 1
12d �
October.18,.1977
Water Fund
' Operating ................................... $ ,,0
Capital 8,339339,000
Debt Service 254,100
Total ......................................... $12;622,004
LESS INTER -FUND TRANSFERS ..................... 2,716,803 1
TOTAL WATER FUND .............................. 9,905,201
Sewer Fund
Operating .................................. $ 3,024,062
Capital .................................... 1,435,000
Debt Service ............................... 361,075
Total ......................................... $ 4,820,137
LESS INTER --FUND TRANSFERS ..................... 1,745,378
TOTAL SEWER FUND .............................. $ 3,074,759
Light and Pacer Find
Operhting................................... $10,937,365
Capital ..................................... 3,112,140
' Total .......................................... $14,049,505
LESS INTER -FUND TRANSFERS ...................... 2,000,455
TOTAL LIGHT AND POWER FUND ...................... $12,049,050
GRAND TOTAL EXPENDITURES ....................... $40,669,123
BE IT FURTYM RESOLVED that the mill levy rate for taxation upon all
the taxable property within the corporate limits of the City of Fort Collins
for the fiscal year ending December 31, 1978, shall be 9.1 mills, which levy
represents the amount of taxes for City purposes necessary to provide for pay-
ment during the ensuing budget year of all properly authorized demands against
the City. Said mill levy shall be distributed as follows:
General Expense .............................. 9.1 mills
being a total of 9.1 mills, which levy as so distributed shall be certified
to the County Assessor and the Board of County Commissioners of Tarimer County,
Colorado, by the Director of Finance as provided by law.
1 �
awl
October.18, 1977
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins this 18th day of October a-n_ 7977.
ATTEST:
City Clerk
Ordinance Adopted as Amended on First Reading Concerning
the Annual Appropriation Ordinance for the
1978 Calendar Year
Following is the City Manager's memorandum on this item: 1
"Ordinance No. 125, 1977, is the companion ordinance to the
Resolution adopting the Budget. The Appropriation Ordinance
is a requirement of State law and the City Charter. The
City makes its expenditures on the basis of the Appropriation
Ordinance. The ordinance allows for expenditures of
$40,669,123 in the 1978 calendar year."
Interim City Manager Lanspery requested an amendment to the
ordinance in the following fund titles.
1. On page 2; amend "Seven -Year Capital Improvements" to
"Capital Improvement Fund", and amend "Conservation Trust
Fund" to "Conservation Trust Program."
2. On page 3, amend "Total Seven Year Capital Improvements
Fund" to "Total Capital Improvements Fund."
Councilman Bowling made a motion, seconded by Councilman
Wilkinson to amend the ordinance as recommended. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
L
October 18, 1977
Councilman St. Croix made a motion, seconded by Councilman
Russell to adopt Ordinance No. 125, 1977 as amended on
first reading!. Yeas: Councilmembers Bloom, Bowling, Gray,
Russell, St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted on First Reading Amending
the Parkland Fee
Following is the City Manager's memorandum on this item:
"In 1976 we decided to review the Parkland fee on a yearly
basis to determine the need for increases due to inflation.
The attached Ordinance raises the fee from $235 per dwelling
unit to $250 per unit. This increase of 6% was discussed
during the budget hearings, and the figure of $250 was used
to project 1978 Parkland Fee revenues. The 6% increase was
based upon an evaluation of cost increases in the area of
park construction, and we feel it is adequate to cover our
expenditures.
The attached ordinance puts the increase into effect as of
' January 1, 1978."
Councilwoman Gray made a motion, seconded by Councilman Suinn
to adopt Ordinance No. 126, 1977 on first reading. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Section 8 Review - Windrift Apartments
Following is the City Manager's memorandum and the memo from
the Housing Rehabilitation Director on this item:
1 �
:La.3
October.18, 1977
Attached is a report fmn Jim Woods, Housing Rehabilitation Director, concerning
a proposal for 40 units of Section 8 housing at Fast Stuart and Sod<th Lemay I
Streets. Under HUD guidelines, we have until October 23, 1977, to conuent on
this proposal.
Because of Council's previous desire to analyze Section 8 proposals along with
specific design standards, we have also scheduled (in the next agenda item) the
preliminary plan for this proposed development.
The Housing Authority is supportive of this proposal from a housing need and
location standpoint. As noted in the next agenda item, the Planning and Zoning
Board has recommended approval of the preliminary plan with some revisions as
noted.
The City has received a request to review a Section 8 housing proposal for
40 units, of family housing at East Stuart and South Lemay Streets. The
project as proposed will have 12 two bedroom, 24 three bedroom, 4 four
bedroom apartments. The proposal has been reviewed by the Housing Autho-
rity and also the Planning Department under A-95 review. Letters from I
each are attached, as well as the supporting documentation from the
developer.
The site plans have been submitted as a P.U.D. and the preliminary plan
has received approval from the Planning and Zoning Commission. I attempted
to coordinate the HUD review with Planning and Zoning to give the Council
the opportunity to review the site plans and the financing request together,
as this has been a matter of some concern to them,Under HIID regulations,
we must comment upon the proposal within 30 days, and the deadline is
October 23. Therefore, it must be reviewed at the October 18 Council session.
A request was received from Mr, Harry L. McCabe, 1508 Buckeye Street, to
postpone the planning review until November 1, as he opposes the project
and desires additional time to discuss his feelings with other. S.E. area
residents. Our recommendation is that due to the time constraint imposed
by HUD, the Council should review both items at the October 18 meeting,
but may wish to table the site plan for action until November 1 if they
feel they do not receive adequate citizen input on the 18th.
aty
October. 18, 1977
' Interim City Manager Lanspery stated he would like to use the
following format: 1. overview of the project from Housing
standpoint by Jim Woods, Housing Rehabilitation Director, 2.
review by the Planning staff of the preliminary plan.
Director Woods stated this is a 40 unit family proposal which
will consist of 12 two bedroom, 24 three bedroom and 4 .four
bedroom apartments. The proposal has been reviewed by the Fort
Collins Housing Authority and the Planning Department under
A-95 Review. He then addressed the four market rents.
Planner II Paul Deibel then addressed the Planning and Zoning
Board consensus, specifically the active recreational open space:
The Planning and Zoning Board recommendation was for'approval
with the provision that an additional two percent of active
recreational area be provided. Director of Human Resources
John McGraw reviewed the current distribution of low income
housing in the City.
Mayor Bloom then inquired if there were persons in the audience
wishing to speak to this issue. Those speaking were as follows:
In favor of the project:
1. Charles Muenzberg, member of the Fort Collins Housing Authority
2. Charles Gathers, architect for the project
3. Richard McCoy, developer
4. Lou Stitiel, Neighbor to Neighbor
In opposition to the project
1. Donald Shannon, member of the Planning and Zoning Board
2. C. H. Newton, 1508 Teakwood Court
3. Harry McCabe, 1508 Buckeye
4. John Eckl, 1225 Buttonwood
5. Charles Wilber, 900 Edwards
6. Ken Ackleson, 1513 Kenwood Court
7. Jerry Dunn, 1501 Patton
8. George Betz, 1101 Kirkwood Drive
The following petition had been presented by various opponents
to this project containing approximately 943 signatures.
PETITION
TO: THE MEMBERS OF THE CITY COUNCIL IN AND FOR THE CITY OF FORT
COLLINS, COLORADO.
The undersigned, being residents of the City of Fort Collins,
Colorado, by signing this Petition, hereby wish to make known to
the above stated Council members their opposition to approval of
the proposal by C. Richard McCoy, Arvada, Colorado for 40 Federally
subsidized multi -family units on 3.35 acres zoned R-P Planned
Residential District, located at the Northeast corner of East
Stewart Street and South Lemay Avenue.
NAME: ADDRESS: PHONE NUMBER:
21.5
October.18, 1977
Councilmembers expressed their concerns for the dens itvlintensity '
ofthis'project--the need for rehabilitation of existing housing
versus new housing and the need to disperse low income housing
through the City.
Councilman Bowling made a motion, seconded by Councilman Suinn
that the City Council recommend to HUD that this project be
denied and all appropriate bodies be included in the notice and
that Council again request that the officials of HUD meet with
the Council to discuss Council's concern with Section 8 and
low income housing and that a letter be sent under the Mayor's
signature. Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix, Suinn and Wilkinson. Nays: None. 1.
THE MOTION CARRIED
Windrift Preliminary Plan Denied
Councilman Russell made a motion, seconded by Councilman Suinn
to deny the Windrift Preliminary plan. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson.
Nays: None.
THE MOTION CARRIED '
Mayor Bloom then declared a 1.0 minute recess.
Other Business
A. Ordinance Zoning Harmony Third Annexation Reconsidered, Amended
and Adopted as Amended
City Attorney March stated the action that Council had taken in
adopting Ordinance No. 127, 1977 had zoned the Hewlett-Packard
site in the I-G, General Industrial District. The petitioner and
the staff have now agreed they would prefer the I-L, Limited
Industrial District.
Councilman Russell made a motion, seconded by Councilman Bowling
to reconsider Ordinance No. 127, 1977. Yeas: Councilmembers
Bloom, Bowling,, Gray,and Russell. Nays: None. (Councilmembers
St. Croix, Suinn and Wilkinson out of the room.)
THE MOTION CARRIED
x
October 18, 1977
Councilman Russell made a motion, seconded
by Councilman Bowling
'
to amend Ordinance No.
the words"I-L, Limited
127, 1977 on first
Industrial" for the
reading by substituting
words "I-G, General
Industrial;' in Section
I and in subsection
(a) of the ordinance.
Yeas: Councilmembers
Bloom, Bowling, Gray
and Russell. Nays:
None. (Councilmembers
St. Croix, Suinn and
Wilkinson out ofithe
room.)
THE MOTION CARRIED
Councilman Russell made a motion, seconded by Councilman Bowling
to adopt Ordinance No. 127, 1977 as amended on first reading:
Yeas: Councilmembers Bloom, Bowling, Gray and Russell. Nays:
None. (Councilmembers St. Croix, Suinn and Wilkinson out of
the room.)i
(Ordinance No. 127, 1977 as amended reflects the Planning and
Zoning Board recommendation.)
B. M & G Subdivision Approval Clarified
Director of Planning Les Kaplan stated the staff is asking for
clarification of Council's intent in approval of this subdivision.
' (Approved September 1, 1977.1
There were three staff recommendations:
1. Fire hydrant installation.
2. 20' access road installation.
3. Easement to the rear of the property for street purposes.
Fire Marshall, Don Hisam spoke to the need to provide for fire
hydrants for any residential area and the question of who should
properly be charged for the installation.
Subdivider, Lynn Greenwood, stated that the road would be
required if there was going to be building at the rear of the lot.
Each of the four owners of the two lots would have to provide
for the all weather road.
Councilwoman Gray made a motion, seconded by Councilman Wilkinson
that final approval of the M & G subdivision be contingent upon
a special condition that an all weather road be provided by the
developer prior to development of. Taft Hill Road and that the
City pay for a fire hydrant. Yeas: Councilmembers Bloom, Bowling,
Gray, Russell and Wilkinson. Nays: None. (Councilmembers
St. Croix and Suinn out of the room.)
I
THE MOTION CARRIED
xll
October 18, 1977
C. Acquisition of Riverbend Lake Property Approved ,
Following is the memorandum from the Capital Improvements
Coordinator Pat Polifka on this item:
"Since September 20, 1977, when the City Council authorized me in
executive session to continue negotiations to a maximum price
per acre of $1,800.00 for the purchase of the Riverbend Lake
Property, I have consumated an agreement for the purchase of
the mentioned property within the Council's authorized price
limit.
The agreement is in the form of performance contract in which
the City has agreed to purchase the property for $1,800.00
per acre by placing $2,000.00 in an earnest money escrow
trustee account held by Hansen Realty, Inc., the seller's
broker, until closing. The City's contract commitment consists
of the following:
City
1. Purchase property at $1,800.00 per acre.
2. Provide survey to determine total acreage and total
cost.
3. Place $2,000.00 in earnest money in escrow trust
account which can be used towards purchase price '
at closing.
4. Accept all easements and rights -of -way with.property.
5. Pay balance of purchase price in cash at time of
closing.
The contract provides that the seller agrees to perform the
following before transfer of deed:
Seller
-T Agrees to sell property at $1,800.00 per acre.
2. Agrees to sell property defined by survey provided
by the City (Purchaser).
3. Accept the $2,000.00 in escrow as part of purchase
price.
4. Provide a dedicated access from the described land
to Highway 14, and also an access through seller's
remaining land to the lands being purchased.
5. Seller agrees to cooperate with the City of Fort
Collins in discussing and negotiating annexation
to the City of Fort Collins, of the remaining land
in this section owned by the seller including a
400 ft. x 400 ft. parcel bordering Highway 14.
6. Furnish a certified abstract of title or a title
insurance policy to said property at seller's expense.
7. Provide a free and clear and merchantable title. '
8. Execute and deliver a good and sufficient general
warranty deed to purchaser for said property.
2f
October 18, 1977
' 9. General taxes for 1977 shall be apportioned to date
of delivery of deed based on the most recent levy and
assessment.
10. Possession of premises shall t-e delivered to City on
delivery of deed.
The City has performed all contract requirements to date.
In order to complete the contract requirements, the City must have
the cash balance for closing which means the City Council must
authorize the purchase price to be paid with Open Space funds.
Please include this item of business in the agenda for the
October 18, 1977 City Council meeting so that this land acquisition
contract can be completed. The total cost, total acreage and
title check will be completed before the Council meeting."
********************************
City Attorney March, stated for the record, that he owned. -.a
five percent interest in a group that owns this property, He
had not participated in any executive session discussion with
the Council regarding the acquisition of this property, nor
negotiated on behalf of the City, and the owners of the property
have turned this over to a committee of three individuals who
' have negotiated on behalf of the owners.
Councilman Wilkinson questioned item 5 of the memorandum under
the "sellers." Capital Improvements Coordinator Pat Polifka
stated he felt the owners were willing to discuss annexation.
Councilwoman Gray made a motion, seconded by Councilman Bowling
that Council purchase the Riverbend Lake property under the
special condition that the sellers annex and authorize the
administration to close the purchase. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None.
(Councilmen St. Croix and Suinn out of the room.)
THE MOTION CARRIED
Executive Session Authorized
Councilman Wilkinson made a motion, seconded by Councilman
Bowling that Council adjourn into executive session for the purpose
of land acquisition. Yeas: Councilmembers Bloom, Bowling, Gray,
Russell and Wilkinson. Nays: None. (Councilmen St. Croix and
Suinn out of the room.)
THE MOTION CARRIED
z x.9
October.18, 1977
Mayor Bloom declared the meeting adjourned at 10:45 D.M. ,
ATTEST:
CtyCer
M,peyor
1
230