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HomeMy WebLinkAboutMINUTES-11/15/1977-RegularNovember 15, 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, November 15, 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, Suinn and Wilkinson. Absent: Councilman St. Croix. Staff Members Present: Arnold, Lanspery, Deibel, Ferluga, Sanfilippo, Kaplan, Roesser, Bingman, Liley and Lewis. Also: City Attorney Arthur March, Jr. Minutes of the Regular Meetings of October 18 and November 1, 1977 Approved as Published Councilman Bowling, made a motion, seconded by Councilman Wilkinson to approve the minutes of the regular meetings of October 18 and November 1, 1977 as published. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Adjournment of City Council Meeting of December 6 to December 13, 1977 Following is the City Manager's memorandum and recommendation: As Council menbers Bawling, Cray, Bissell, St. Croix, and Wilkinson will be attending the National League of Cities Congress of Cities in San Francisco, California,fram December 3 through December 7, 1977, it is necessary to adjourn the Council meeting of December 6, 1977, due to lack of a quorum. ration: The Administration recacmends that the City Council by motion adjourn the Ling of December 6, 1977, until December 13, 1977. 9 275 November 15, 1977 Councilman Russell made a motion, seconded by Councilman Wilkinson to adopt the recommendation of the administration. Yeas: Council_ members Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Mayor Bloom then declared the meeting adjourned to convene the General Improvement District Board meeting. Reconvene Meeting Mayor Bloom declared the Council meeting reconvened at 6:05 p,m. Downtown Paving Contract Awarded Priorities Approved Following is the City Manager's memorandum and recommendation'on this item: The approved EDA grant calls for $65,000 to be spent on a 2-inch overlay of College Avenue in the Downtown Project area. Last week the City opened bids on this proposed work. The law bidder was Flatiron Paving with a unit cost of $18.70 per ton. The attached map illustrates the paving priorities on which we will utilize the entire $65,000. Priority Street 1 College from Olive to Laporte & west Magnolia/College intersection 2 College from Hagnolia to Olive 3 Pine Street, College to Jefferson 4 Oak east from College to the Reningtcn/oak parking lot The paving is scheduled to take place before Thanksgiving (weather permitting) and will be done during the evening hours so as to cause minimum disruption in the downtown area. Fecamiendation: The Administration recoamends that the Council approve the idi istratinn's navina priorities and award the bid to Flatiron Paving Company. Council requested City Manager Arnold call the President of Flatiron to discuss the paving schedule. Councilwoman Gray made a motion, seconded by Councilman Russell to adopt the recommendation of the administration. Yeas: Council - members Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. 276 November 15, 1977 Agreement with Poudre Valley Creamery It Company/Pine Street Parking Lot Approved Following is the City Manager's memorandum and recommendation on this item: Staff has been working on an Agreenent with Poudre Valley Creamery to allow for the necessary modifications to Pine Street desired by Council. The improvements intended will include a sidewalk which will allow for a truck - access lane to be created as part of our parking improvements on Pine Street. The sidewalk will be built at their expense: $3,065. Poudre Valley Creamery has agreed to the terms of the contract, and we feel it is in the best interest of both parties to approve this Agreement. Recommendation: The Acb i.nistration recamends that the City Council approve the Attached Agreement with Poudre Valley Creamery Company and authorize the City Manager and City Clerk to sign it on behalf of the City. Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt the recommendation of the administration. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. it Nays: None. THE MOTION CARRIED Parking Regulations for Remington/Oak Lot Approved Following is the City Manager's memorandum and recommendation on this item: During the week of November 19-18, 1977, the Remington/Oak parking lot (Phase I) will be ready for public parking. The Traffic Committee suggested that a 2-hour parking limitation be placed on all parking in the new lot. Short of installing parking meters at $100 per meter, this is the most manageable short-term limitation which is enforce- able as a customer service lot. Recc mendation: The Administration recommends that the City Council limit uc par ing in the Re=gton/Oak parking lot to a maximum of two hours. A 277 November 15, 1977 Councilman Wilkinson suggested the parking lot behind the DMA Plaza be completed as 8 hour parking, that the America Building be 8 hour parking, and that this lot be the lot with 2 hour parking. Attorney Paul Valentine, 322 E. Oak, recommended that for the immediate future this lot be left open until another lot for employee parking can be provided. Councilwoman Gray made a motion, seconded by Councilman Wilkinson that public parking be limited in the Remington Parking Lot to a maximum of 2 hours and that the America Parking Lot and the parking lot behind the DMA Plaza be 8 hour marking. Yeas: Councilmembers Bloom, Gray, Russell and Wilkinson. Nays: Council - members Bowling and Suinn. THE MOTION CARRIED City Manager Arnold was directed to send a letter to the DMA requesting they use the lot behind the DMA Plaza for employee/ employer parking. Location of Downtown Restroom Facility Approved Following is the City Manager's memorandum and recommendation on this item: $20,000 of EDA funds were allocated by Council for a downtown restroom. There may be some confusion about its location; so to clarify, we'd like Council direction. There are two sites that seem suitable. Both are on the Remington/Oak site: One is on the north side of Oak, and the other on the parking lot side. The Elks Club objects to the location on the north side of Oak. The south side location might rennve one more parking space. On the whole, however, the south side location looks to be rmre desirable. (We will minimize the impact in parking and beautification.) RecomTendation: The Administration recommends approval of the south -side site. 278 1 November 15, 1977 A Councilman Russell made a motion, seconded by Councilwoman Cray to adopt the recommendation of the administration. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Tabled on First Reading Calling a Special Election to Form a Downtown Development Authority Mayor Bloom stated that when this item had been scheduled on�the agenda, Council had been unaware that the December 6, 1977 meeting would have to be adjourned to December 13, 1977 causing changes in proposed dates to accomplish certain things, such as the election date of December 20, 1977. City Manager Arnold stated meetings with affected parties had been recommended. City Attorney March added thaat in view of a lack of understanding of the project these meetings are deemed desirable; as a general statement "no one who is proposing, this program is proposing that the Authority actually assess a tax. A request is made in order to allow the City of Fort Collins to use tax increment financing, for the purpose of redeveloping areas of the downtown." The Administration will set up these meetings as soon as possible. Councilman Wilkinson made a motion, seconded by Councilwoman Gray to table Ordinance No. '.34, 1977 on first reading to December 20, 1977. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on Second Reading Adding Warehouse Uses to the Highway -Business Zone Under Certain Conditions Councilman Wilkinson announced that due to a possible conflict of interest he wished to withdraw from consideration of this item. Following is the City Manager's memorandum on this item: 279 November 15, 1977 This Ordinance was adopted on first reading at the November 1, 1977, Council meeting. The Ordinance was initiated after discussion indicating need for warehouse uses in the H-B District during the tore we annexed the area around the intersection of College Avenue and Horsetooth Road. This Ordinance will accomplish this change provided the use is specifically shown on the unit development plan and the area to be devoted to this use is designated. Councilwoman Gray made a motion, seconded by Councilman Russell to adopt Ordinance No. 130, 1977 on second reading. Yeas: Counciimembers Bloom, Bowling, Gray, Russell and Suinn. Nays: None. (Councilman Wilkinson out of the room.) THE MOTION CARRIED ORDINANCE NO. 130 . 1977 BEING AN ORDINANCE AMENDING SECTION 118-62 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO PERMITTED USES IN THE H-B, HIGHWAY BUSINESS DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 118-62A of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting therefrom the following phrase: "provided that uses (4) t}irough (11), inclusive, are a part of a unit development plan as defined, processed and approved, according to Section 118-83 of this Chapter," and by substituting therefor the following: "provided that uses (4) through (12), inclusive, are a part of a unit development plan as defined, processed and approved, according to Section 118-83 of this Chapter," Section 2. That Section 118-62A(4) of the Code of the City of Fort Collins be, and the same hereby is, amended by adding a new subsection numbered (12) after subsection (11) and by renumbering the previous subsection (12)ito (13). The additional subsection added shall read as follows: "(12) Warehouses provided the unit development plan approved for the property specifically identifies the warehouse use to be made and the portion of the property to be devoted to such use." 280 a November 15, 1977 r F l Introduced, considered favorably on first reading, and ordered published this 1st day of November, A.D., 1977, and to be presented for final passage on the 15th day of November, A.D., 1977.. i, ATTEST: Ca y .lerk Passed and adopted on final reading this 15th day of November, A.D., 1977. ATTEST: ZyClerk First Reading: November 1, 1977 Second Reading: November 15, 1977 Dates Published: November 6, 1977 At s City Cler (Vote: (Vote: and November Yeas: 7, Nays: 0) Yeas: 5, Nays: 0) 20, 1977 Ordinance Adopted on Second Reading Repealing Section 73-83 of the Code, Relating to Hours and Days of Operation of Pawnbrokers Following is the City Manager's memorandum on this item: F3:11 November 15, 1977 This Ordinance was adopted on first reading at the November 1, 1977, Council meeting. After receipt of a request from the owner of Mister Pawn Shop to be able to operate his business during approximately the same hours and on the same days as other downtown businesses, this Ordinance was drawn up eliminating the section placing restrictions on the hours and days of operation. Previously, the ordinance provided that pawn shops not be open between the hours of 6 p.m. and 8 a.m. on Sundays and on certain holidays. Councilman Bowling made a motion, seconded by Councilman Suinn to adopt Ordinance No. 131, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell and Suinn. Nays: None. (Councilman Wilkinson out of the room.) THE MOTION CARRIED ORDINANCE NO. 131 , 1977 BEING AN ORDINANCE REPEALING SECTION 73-83 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO PROHIBITED BUSINESS HOURS AND DAYS FOR PAWNBROKERS AND ELIMINATING SUCH PROHIBITIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 73-83 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 1st day of November , A.D. 1977, and to be presented for final passage on the 15th day of November , A.D. 1977. ATTEST: / Ci y Clerk 282 41 !7 November 15, 1977 G 9 Passed and adopted on final reading this A.D. 1977. ATTEST: Ze� City Clerk 15th day of November, First Reading: November 1, 1977 (Vote: Yeas: 7, Nays: 0) Second Reading: November 15, 1977 (Vote: Yeas: 5, Nays: 0) Dates Published: November 6, 1977 and November 20, 1977 Attest: ity Clerk Ordinance Adopted on Second Reading Relating to Renewal of Pawnbrokers' Licenses Following is the City Manager's memorandum on this item: This Ordinance was adopted on first reading at the November 1, 1977, City council meeting. This Ordinance provides for procedures to renew a pawnbroker's license which will take approximately 45 days after receipt of an application for renewal. Previously, the City Code had no provisions for such renewals of pawnbrokers' licenses. Councilman Russell made a motion, seconded by Councilman Suinn to adopt Ordinance No. 133, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 283 November 15, 1977 ORDINANCE NO. 133 , 1977 BEING AN ORDINANCE AMENDING SECTION 73-71 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO PAWNBROKERS AND PROVIDING FOR RENEWAL OF A PAWNBROKER'S LICENSE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 73-71 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: 173-71. Investigation and approval of applicants required.. No license shall be issued by the City Clerk until the application for a license shall have been approved by the City Council upon recommendation of the Chief of Police. No license shall be approved unless the City Council after investigation shall have found that the applicant possesses financial responsibility, character and general fitness, so as to command the confidence of the public and to warrant belief that the business will be operated lawfully, honestly, fairly and efficiently for the purpose of this Article. Within forty-five (45) days of receipt of an application to renew a license issued hereunder, the City Clerk shall renew such license provided that the Chief of Police after invest- igation shall have determined that the applicant has operated the business in such a manner as to fully effectuate the purposes of this Article. Licenses shall be limited to use at the premises specified in the application. Such license shall not be transferable." Introduced, considered published this 1st day of presented for final passage 1977. AT City Clerk ` favorably on first reading, and ordered November , A.D. 1977, and to be on the 15th day of November , X.D. Passed and adopted on final reading this i day of IVa „ePt L e 1 November. 15, 1977 First Reading: November 1, 1977 (Vote: Yeas: 7, Nays: 0) Second Reading: November 15, 1977 (Vote: Yeas: 6, Nays: 0) Dates Published: November 6, 1977 and November 20, 1977 Atte City Clerk Agreement Adopted Relating, to Subdivision Improvements For Lands of Spring Creek Farms, Inc. Following is the City Manager's memorandum on this item: The Harmony Annexation No. 4 includes some of the lands of Spring Creek Farms, Inc., adjoining Harmony Road. This is only a small portion of the lands of this owner, and the owner has expressed concerns that he might be assessed for street improvements or similar subdivision improvements prior to the time he develops his lands and while they are still occupied as a farm. The Council has indicated that it was willing to enter into an agreement that assessments for such improvements would be deferred until such time as these lands were developed. The enclosed agreement has been prepared to express this understanding. The agreement provides that although the City may install such improvements ahead of the development of this property, the amount to be. assessed against the Owner would be deferred until development of these lands be4ins. Councilwoman Gray made a motion, seconded by Councilman Wilkinson to approve the agreement and authorize the City Manager and City Clerk to execute the same on behalf of the City. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Zoning the Harmony Fourth Annexation Following is the City Manager's memorandum on this item: 285 November 15, 1977 This is the Ordinance establishing zoning for the annexed property of Hewlett- Packard et al. The zoning is apparently industrial. The issue is which category of industrial. - The petitioner originally requested I-G, General Industrial, zoning. - Later this request was modified to be I-L, Limited Industrial, zoning. - The Planning and Zoning Board discussed with the petitioner the I-P, Industrial Park, zoning because it had more extensive setback and landscaping requirements. i The Board voted for the I-L zoning on a five to two vote on the issue. Councilwoman Gray made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 135, 1977 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. (Councilman Russell out of the room.) THE MOTION CARRIED Ordinance Adopted on Second Reading 41 Annexing Property Known as Harmony Fourth Annexation Following is the City Manager's memorandum on this item: This Ordinance was adopted on first reading at the November 1, 1977, Council Greeting. This Annexation is the last in a series along Harmony Road. This Annexation consists primarily of the Hewlett-Packard site as well as a portion of Harmony Road adjoining the H-P site which was not previously annexed and a strip of land approximately 300 feet in depth adjoining Harmony Road and lying between the H-P site and the Harmony Mobile Home Park. This latter por- tion is awned by Spring Creek Farms, Inc., and is a portion of the Spring Creek Farces property. Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt Ordinance No. 132, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling and Wilkinson. Nays: Councilmembers Gray and Suinn. (Councilman Russell out of the room.) THE MOTION CARRIED rA November 15, 1977 ORDINANCE N0. 132 1977 BEING AN ORDINANCE ANNEXING PROPERTY KNOW14 AS THE HARMONY ANNEXATION NO. 9 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 perim- eter of the area of Fort Collins to and be annexed is contiguous with the City a community of interest exists between the territory to be annexed and the City of Fort Collins and the territory to be annexed is urban or will be urbanized in the near future and such territory is integrated or is capable of being integrated with the City of Fort Collins, and WHEREAS, none of the provisions of Colorado Revised Statutes, 1973, Section 31-8-105, as amended, are violated by the annexation of this territory to the City, and WHEREAS, no election is required under the provisions of Colorado Revised Statutes, 1973, Section 31-8-107(2), as amended, and no additional terms and conditions are to be imposed in connection with this annexation, and WHEREAS, the territory is eligible for annexation and the City Council desires to annex the same to the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That all of the territory more particularly described as situate in the County of Larimer, State of Colorado, to -wit: 287 November 15,. 1977 Considering the West line of the Southwest Quarter of �a Section 33, Township 7 North, Range 68 West of the 6th Principal Meridian as bearing South 0'00'11" West and with all bearings contained herein relative thereto. Beginning at a point on the West line of the Southwest Quarter of said Section 3.3.from which the Southwest corner of said Section 33 bears South 0000111" West 270.04 feet, said point also being on the North line of Harmony Annexation No. 3 to the City of Fort Collins; thence departing from said West line along the Northerly line of Harmony Annexation No. 3 to the City of Fort i Collins South 89°39'48" East 2542.30 feet; thence along the East line of Harmony Annexation No. 3 to the City of Fort Collins South 0020112" West 295.36 feet to the Southerly right-of-way line of Colorado State Highway No. 68; thence departing from the Easterly line of Harmony Annexation No. 3 to the City of Fort Collins and along said Southerly right-of-way line the following courses and distances: South 89039'48" East 86.40 feet; thence South 89°45'48" East 563.60 feet; thence South 89039148" East 467.00 feet; thence South 88051148" East 215.00 feet; thence North 89036112" East 156.00 feet; thence South 89039'48" East 119.55 feet; thence departing from said Southerly right-of-way line North 17057117" West 202.86 feet to a point on the Northerly right-of-way line of State Highway No. 68, said point being on the centerline of an easement and right-of-way for a ditch as described in Book 151, Page 309 from which point the Southeast corner of said Section 33, Township 7 North, Range 68 West of the 6th Principal Meridian bears South 17°57'17" East 176.13 feet, then again South 89039'53" East 1143.00 feet; thence along said centerline as described in Book 151, Page 309 the following courses and distances: North 17°57'17" West 209.25 feet; thence North 22008'08" West 500.00 feet; thence North 36053'08" West 200.00 feet; thence North 32°23'08" West 400.00 feet to a point on the North line of the South Half of the Southeast Quarter of said t Section 33 from which the Northwest corner of the South Half of the Southeast Quarter of said Section 33 bears North 89038151" '.,lest 850.00 feet; thence along the North line of the South Half of the Southeast Quarter of said Section 33 North 89038151" West 368.31 feet to the Southwest corner of that certain parcel of land described in Deed recorded in Book 1537, Page 397; thence along the West line of said described parcel North 54024'49" West 1628.35 feet; thence South 89050111" West 540.49 feet; thence North 45009149" West 70.71 feet; thence South 89°50'11" West 1215.00 feet to a ME November. 15, 1977 of n he West line of the Southwest Quarter of said point o t Section 33 from which the Northwest corner of the Southwest Quarter of said Section 33 bears North 0000'11" East 351.6 feet; thence along the West line of the Southwest Quarter of said Section 33 South 0°00'11" West 1997.91 feet; thence departing from the West line of the Southwest Quarter of said Section 33 and along a line that is 300 feet North of and parallel with the South line of the Southeast Quarter of Section 32, Township 7 North, Range 68 West of the 6th P.M. North 89°36'48" West 2647.16 feet to a point on the North - South centerline of said Section 32, said point also being the Easterly line of Harmony Annexation No. 3 to the City of Fort Collins; thence along the Easterly and Northerly lines of said Harmony Annexation No. 3 to the City of Fort Collins the following courses and distances: South 0°00°24' West 270.22 feet to a point from which the South Quarter corner of said Section 32 bears South 0°00'24" West 29.79 feet; thence along the Northerly line of said Harmony Annexation No. 3 to the City of Fort Collins the following courses and distances: North 89041139" East 206.35 feet; thence South 81037106" East 153.00 feet; thence South 89030106" East 500.00 feet; thence South 89037'060 East 461.50 feet; thence South 89037'06" East 145.50 feet; thence South 88033'51" East.163.00 feet; thence North 89034'54" East 143.10 feet; thence North 87030'54" East 565.60 feet; thence North 83049154" East 232.30 feet; thence North 41054154" East 74.40 feet; thence North 83049154" East 29.20 feet to a point on the East line of the Southeast Quarter of said Section 32 from which point the Southeast corner of said Section 32 bears South 0000111" West 143.80 feet; thence along the East line of the Southeast Quarter of said Section 32 and the West line of said Harmony Annexation No. 3 to the City of Fort Collins North 0000'11" East 126.24 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 Annexation No.. 4 to the City of Fort Collins. Section, 2. That in annexing said territory to the City of Fort Collins, the City 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 the territory hereby annexed except as may be provided by the ordinances of the City of Fort Collins. November 15, 1977 Introduced, considered favorably on first reading, and ordered published this 1st day of November, A.D. 1977, and to be presented for final passage on the 15th day of November, A.D. 1977. CT E S City Clerk v Passed and adopted on final reading this 15th day of November, A.D. 1977. ATTEST: Ci y Clerk First Reading: November 1, 1977 (Vote: Yeas: 6, Nays: 0) Second Reading: November 15, 1977 (Vote: Yeas: 3, Nays: 2) Dates Published: November 6, 1977 and November 20, 1977 Attest: City Clerk Resolution Adopted Approving Agreement with the Federal Government for Installation of Raw Water Transmission Line for Soldier Canyon Outlet Following is the City Manager's memorandum and recommendation on this item: I- I 290 1 November 15, 1977 Approximately a year and a half ago, the City entered into an agreement with the Federal Government to enlarge the Soldier Canyon outlet, which would provide additional raw water capacity to Water Treatment Plant I12. In order to accomplish this, the City now needs to install a new and larger transmission line from the outlet to the treatment plant. This new line would be laid partially across land belonging to the Federal Government and an easement from the Federal Government for the construction, maintenance, and operation of the line is therefore needed. The agreement accompanying this memorandum would grant such an easement to the City. The resolution is required since the agreement'is with another governmental entity. Recommendation: The Administration recommends that the Council adopt the resolution approving the agreement between the City and the Federal Government granting an easement to the City for the construction, maintenance, and operation of a 54 inch transmission line from the Soldier Canyon Outlet to Water Treatment Plant W2, and authorizing the City Manager and City Clerk to execute said agreement. Councilman Bowling made a motion, seconded by Councilwoman Gray 1P to adopt the recommendation of the administration. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. (Councilman Russell out of the room.) THE MOTION CARRIED RESOLUTION 77-71 OF THE COUNCI!_ OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE BUREAU OF RECLAMATION OF THE UNITED STATES DEPARTMENT OF THE INTERIOR FOR THE PURPOSE OF ACQUIRING A LICENSE FOR INSTALLATION OF A RAW WATER TRANSMISSION LINE ON PROPERTY OF THE UNITED STATES WHEREAS, the City has heretofore entered into an agreement with the Bureau of Reclamation of the United States Department of the Interior for the enlargement of Soldier Canyon Outlet; and WHEREAS, said enlargement would provide additional raw water capacity for the City's Water Treatment Plant No. 2; and WHEREAS, additional capacity is required in the transmission line , carrying raw water from the Soldier Canyon Outlet to said treatment plant; and 291 November 15, 1977 WHEREAS, in order to obtain such additional capacity, it is neccesary that a new fifty-four inch (54").line be installed across property belonging to the Federal Government; and WHEREAS, the City and the Federal Government desire to enter into an agreement whereby the City would acquire an easement from the Federal Government for the purpose of constructing, maintaining and operating such transmission line; and WHEREAS, the City Attorney has reviewed and approved said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreement be, and the same hereby are, accepted and approved, and BE IT FURTHER RESOLVED that the City Manager and City Clerk be, and they hereby are, authorized and directed to execute said agreement for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this 15th day of November A.D. 1977_ ATTEST:: � City Clerk Resolution Adopted Authorizing an Agreement Between the City and the Department of Highways for the State of Colorado for the Purpose of Conducting a Traffic Engineering Studv with the Citv Following i.s the City Manager's memorandum and recommendation on this item: In August of this year Council was apprised of a $40,500 State Department of Highways, Division of Highway Safety, grant awarded to the City. The purpose of the grant is to allow the City to hire a professional traffic consultant to study our traffic needs and recommend system improvements. The attached Agreement is the formal document required before we can proceed on this' program. The City will be matching the $40,500 grant with $4,500 of in -kind services. 292 1 41 a r F -1 1 November 15, 1977 Recarmendation: The Administration reccrrmends that the City Council adopt the ?lesolution authorizinq t`re attac',3 Agree ent and authorize the City !"anaaer and Citv Cler'- to execute the Agreement fOr and on behalf of the City of Fort Collins. Councilwoman Gray made a motion, seconded by Councilman Suinn to adopt the recommendation of the administration. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. (Councilman Russell out of the room.) THE MOTION CARRIED RESOLUTION 77-72 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN AGREEMENT BETWEEN THE CITY AND THE DEPARTMENT OF HIGHWAYS FOR THE STATE OF COLORADO FOR THE PURPOSE OF CONDUCTING A TRAFFIC ENGINEERING STUDY WITHIN THE CITY. WHEREAS, the Department of Highways for the State of Colorado is desirous of implementing a Comprehensive Traffic Safety Program to reduce traffic crashes; and WHEREAS, the implementation of Traffic Engineering Studies in the City will support the Colorado Traffic Safety Program and reduce crash experience within the City; and WHEREAS, the City has available the technical ability to properly complete said study within the time period established in the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreement be, and the same hereby are, accepted and approved, and BE IT FURTHER RESOLVED that the City Manager and City Clerk be, and they hereby are, authorized and directed to execute said agreement for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this 15th day of November , A.D. 1977. ATTEST: City Clerk 293 November 15, 1977 Street Lighting Standards Adopted Following is the City Manager's memorandum and recommendation on this item: Pursuant to Council's request, representatives from Engineering Services and the Police Department met to discuss the proposed street lighting standards. The Police Department had no objection to the standards prepared by Engineering Services. representatives from the departments did, however, decide to jointly establish a priority list which identifies future street lighting improvement districts. This action could help resolve any problems that currently exist in certain commercial areas with a high level of pedestrian activity. Feco�endation: The Administration recommends that Council adopt the street lighting standards as proposed by the Engineering Services Department. Councilman Bowling made a motion, seconded to adopt the Street Lighting Standards as Councilmembers Bloom, Bowling, Gray, Suin None. (Councilman Russell out of the roc THE MOTION CARRIED ►M, by Councilwoman proposed. Yeas: n and Wilkinson. m.) Gray Nays: 4 r November 15, 1977 PROPOSED STREET LIGHTING STANDARD AREA CLASSIFICATION STREET CLASSIFICATION Commercial Intermediate Residential Arterial 2.00 1.00 0.56 Collector 1.00 0.60 0.40 ** Local 0.60 0.30 0.20 *** (Figures in foot candles) * 150 watt High Pressure Sodium - 190 foot spacing ** 150 watt High Pressure Sodium - 240 foot spacing *** 250 watt Mercury Vapor - intersection and mid -block not to exceed 400 - 500 feet 9 295 November 15, 1977 RECOMMEFIDATION FOR AVERAGE MAINTAINED I. HORIZONTAL ILLUMINATIOtJ Area Classification Roadway and Walkway Commercial Intermediate I Residential Classification Footcandle JLux JFootcandle ILux IFootcandle I Lux Vehicular Roadways Freeway 0.6 6 0.6 6 0.6 6 11ajor & Exway 2.0 22 1.4 15 1.0 11 Collector 1.2 13 0.9 10 0.6 6 Local 0.9 10 0.6 6 0.4 4 Alleys 0.6 6 0.4 4 0.2 2 Pedestrian Walkways Si dewal ks . 10 .6 6 0. 2 Pedestrian Ways 2.0 - 22 -.,- 1 .0 - -- 11 0.5 5 4 dote: The recommended illumination values shown are meaningful only when designed in conjunction with other elements. The most critical elements, as described in Design of Roadway Lighting and Pedestrian Walkway Lighting, are as follows: (a) Illumination Depreciation (b) Quality (c) Uniformity (d) Luminaire Mounting Heights (e) Spacing (f) Transverse Location of Luminaires (g) Luminair^ Selection (h) Traffic Conflict Areas (i) Border Areas (j) Transition Lighting (k) Alleys (1) Roadway. Lighting Layouts 296 November 15, 1977 ROADWAY, WALKWAY, AND AREA CLASSIFICATIONS Roadway and Vlalky.:, y Classifications Major. The part of the roadway system that serves as the principal network for through traffic flow. The routes connect areas of principal traffic generation and. important rural highways entering the city. Collector. The distributor and collector roadways serving traffic between major and—Fo—c—aT roadways. These are roadways used mainly for traffic movements within residential, commercial, and industrial areas. Local. Roadways used primarily for direct access to residential, commercial, industrial, or other abutting' property. They do not include roadways carrying through traffic. Long local roadways will generally be divided into short sec- tions by collector roadway systems. Expressway. A divided major arterial highway for through traffic with full or partial control of access and generally with interchanges at major crossroads. Expressways for non-commercial traffic within parks and park -like areas are generally known as parkways. Freeway. A divided major highway with full control of access and with no cross- ings at grade. Alleys. A narrow public way within a block, generally used for vehicular access to the rear of abutting properties. Sidewalks. Paved or otherwise improved areas for pedestrian use, located within public street rights -of -way which also contain roadways for vehicular traffic. Pedestrian Ways. Public sidewalks for pedestrian traffic generally not within riqhts-of-way for vehicular traffic roadways. Included are skywalks (pedestrian overpasses), subwalks (pedestrian tunnels), walkways giving access to park or block interiors and crossings near centers of long blocks. Area Classifications Commercial. That portion of a municipality in a business development where ordin rily there are large numbers of pedestrians and a heavy demand for parking space during periods of peak traffic or a sustained high pedestrian volume and a continuously heavy demand for off-street parking space during business hours. This definition applies to densely. developed business areas outside of, as well as those that are within, the central part of a municipality. Intermediate. That portion of a municipality which is outside of a downtown area ut —generally within the zone of influence of a business or industrial develop- ment, characterized often by a moderately heavy nighttime pedestrian traffic and a somewhat lower parking turnover than is found in a commercial area. This defini- tion includes densely developed apartment areas, hospitals, public libraries, and neighborhood recreational centers. Residential. A residential development, or a mixture of residential and com- mercia establishments, characterized by few pedestrians and a low parking demand or turnover at night. This definition includes areas with single family homes, townhouses, and small apartments. Regional parks, cemeteries, and vacant lands are also included. 297 November 15, 1977 Amendment to the Bylaws of the Fort Collins Coordinating Commission for Senior Citizens Adopted Following is a portion of the City Manager's memorandum on this item: Amendments to the Bylaws of the boards and commissions require Council approval to assure their consistency with the Charter and ordinances of the City.' On September 21, 1977, the Commission amended its bylaws to reflect a quorum of five (as opposed to six) members. This change was made because the Commission feels a simple majority of five members is adequate to conduct official business. Councilwoman Gray made a motion, seconded by Councilman Bowling to approve the amendment to Item I, Article V of the Bylaws of the Coordinating Commission for Senior Citizens to reflect a five member quorum. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. (Councilman Russell out of the room.) THE MOTION CARRIED Grant Deed from Home Federal Savings and Loan Association Accepted Following is the City Manager's memorandum and recommendation on this item: The attached Grant Deed is for a public road and for the installation of a pedestrian sidewalk and bicycle path and for the installation, reinstallation, servicing, and maintenance of utilities in the Resubdivision of Tract "A" of South College Heights Fourth Subdivision. The dedication in in connection with removing bicycle traffic from South College Avenue, as directed by the City Council. The consideration for the Grant Deed is $1.00. Recommendation: The Administration recommends that the City Council accept the Grant Deed and authorize the Mayor and the City Clerk to sign the document. 298 81 November 15, 1977 Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt the recommendation of the administration. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. (Councilman Russell out of: the room.) THE MOTION CARRIED Executive Session Authorized Mayor Bloom stated it has been requested that the dinner break be used as an executive session. Councilman Bowling made a motion, seconded by Councilman Wilkinson to adjourn into executive session for the purpose of discussing property acquisition and litigation. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. (Councilman Russell out of the room.) Mayor Bloom declared the meeting adjourned until 7:30 p.m. Citizen Participation Mayor Bloom reconvened the meeting at 7:30 p.m. The following proclamations were read: FAMILY WEEK - for the week of November 20-26, 1977 FARM -CITY WEEK - for the week of November 18-24, 1977 Presentation by Mr. Andv Anderson Mr. Anderson stated he wished to call on Rev. James Baird to make this presentation. Dr. Baird presented petitions containing 1,730 signatures which read as follows: "PETITION FOR A PROPOSED ORDINANCE PROHIBITING THE CONSUMPTION OR SALE OF ALCOHOLIC BEVERAGES IN CITY FACILITIES COMES NOW the undersigned being qualified electors of the City of Fort Collins, State of Colorado, and pursuant to and'in accordance with Section 1, Article XVII, of the Charter of the City of Fort Collins, State of Colorado, hereby petition the City Council of the City of Fort Collins, State of Colorado, to pass the accompanying proposed ordinance without alteration prohibiting the consumption, sale or serving of any malt, vinous, spiritous liquors or fermented malt beverages at or within any building or facility owned or operated by the City of Fort Collins, within the time required by Section 2, Article XVII of the Charter of the City of Fort Collins, or that such proposed 299 November. 15,. 1977 Ordinance, a copy of which is attached hereto and by reference made a part hereof, be submitted to a vote of the people by calling a special City election." Mayor Bloom stated Council has already made its decision on this issue and now it will be up to the citizens to make their decisions. He, therefore, recommended Council proceed with the election procedure, and that Council continue with the rules and procedures for serving at the Lincoln Community Center. He then directed the City Clerk to certify the petitions, reporting that result at the December 13, 1977 meeting and directed the City Manager to place the rules and regulations and the question considering the election on that meeting date. He then requested a tentative time schedule for the Special Election. City Clerk Verna Lewis responded with a proposed schedule which would call for the Election on April 18, 1978: Report from Citv Manager a. City Manager Arnold stated Council had requested a report on down zoning. This report will take three to six months before it is completed. b. At the November 22, 1977 meeting, the City Manager will request Council to consider the County's Land Use Plan during the work session. 4 C. City Manager Arnold then presented the proposed plans for the Northside Community Center; bids were taken and the Neenan Company was the only bidder. The administration recommended the Council add $63,679.00 from the contingency fund for this project to the EDA amount of $352,000.00 for a total of $415,679.00. Councilwoman Gray made a motion, seconded by Councilman Russell to approve the additional money ($63,679.00) and to award the contract to the Neenan Construction Company. Yeas: Council - members Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED d. City Manager Arnold then reported on the Fire Chief applicants. There have been five candidates interviewed and it is expected that an offer will be made this week. e. City Manager Arnold reported he would be moving his family to Fort Collins. ' 300 November 15, 1977 It Report from City Council Members on Committees a. Councilman Wilkinson reported the 1041 Committee would be meeting on November 23, 1977 at 9:00 a.m., to attemnt to establish guidelines on the Urban Service Boundaries. b. Councilman Bloom reported on the Colorado Municipal League Study Committee meeting on Police and Fire Pensions. He felt it appropriate that Boardmembers contact Legislators Anderson and Strahle and request that Governor Lamm put the recommended Bill on his call for 1978. C. Councilman Russell reported on the Platte River Power Authority meeting in Loveland. The next meeting will be November 16, 1977. d. Councilwoman Gray reported the COG subcommittee will be meeting to discuss an equitable formula on the 208 funding. e. Councilman Bowling reported the COG had received over 100 applications for COG Director. f. Mayor Bloom stated Council needed to appoint a voting delegate and alternate to the National League of Cities Conference. By consensus Council appointed Councilwoman Gray as the voting delegate and Councilman Wilkinson as the alternate. Decision of Zoning Board of Appeals Relating to Sign Variar:ce for Goodrich Mortuary Upheld Councilman Russell requested permission to be excused from discussion on this item. Following is the City Manager's memorandum on this item: Goodrich Mortuary is appealing the decision of the Zoning Board of Appeals on the sign ordinance. Goodrich is requesting four variances: 1. Two identification signs rather than the allowed one. 2. A freestanding sign to continue to be internally illuminated rather than indirectly so. 3. A freestanding sign to be allowed at the property line rather than fifteen feet back. 4. The freestanding sign to remain 24 square feet rather than 20. The Zoning Board of Appeals denied all variances with the reasoning that the petitioner is no different than other sign owners required to remove valuable, but non -complying, signs. 301 November 15, 1977 Mr. David Brown, representing the petitioners, spoke to the intent of the sign code as it relates to their appeal. He spoke to the locations of the two signs and the four variances requested, but more specifically the freestanding internally illuminated sign. Councilman Suinn made a motion, seconded by Councilman Wilkinson to uphold the decision of the Zoning Board of Appeals and deny the variance. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. (Councilman Russell out of the room.) THE MOTION CARRIED Ordinance Adopted as Amended on First Reading Providing for a Consent Calendar in Citv Council Aeendas Following is the City Manager's memorandum on this item: The attached Ordinance allows for the implenentation of the consent agenda procedure which was discussed with Council at the November 1, 1977, meeting. The purpose of the consent agenda procedure is to expedite the approval of non-oontroversial items and allow Council more time to concentrate on policy matters. The consent agenda procedure will not be used for ordinances scheduled for first readings. Any Council member, the City Administration, citizen, or other interested party will be allowed to have an item removed from the consent aqenda for discussion as a separte item. City Attorney March suggested Council add a section 3 repealing a section which is repetitive. Councilman Bowling made a motion, seconded by Councilman Suinn to amend Ordinance No. 136, 1977 by adding the following language: "Section 3. Section 2-2A of the Code of the City of Fort Collins is hereby repe'aled." Yeas: Councilmembers Bloom, Bowling, Russell, Suinn and Wilkinson. Nays: None. (Councilwoman Gray out of the room.) THE MOTION CARRIED 302 I 1 November 15, 1977 Councilman Bowling made a motion, seconded by Councilman Suinn to adopt Ordinance No. 136, 1977 as amended on first reading. Yeas: Councilmembers Bloom, Bowling, Russell, Suinn and Wilkinson. Nays: None. (Councilwoman Gray out of the room.) THE MOTION CARRIED Ordinance Adopted on First Reading Amending Sales and Use Tax Following is the City Manager's memorandum on this item: The state has changed its brackets for sales tax collection and has issued a chart for use by retail vendors in collecting sales tax. This chart does not fit the brackets which presently exist in our ordinance and conflicts with the chart which the City has previously issued. In order to avoid confusion, it would be proper to change the City sales and use tax law to correspond with the changes which were made in the state law. The enclosed ordinance will accomplish this and will authorize the Director of Finance to establish the schedule for tax collections. The actual charge which will result from corresponding with the state's schedules will not appreciably change previous amounts of tax but will minimize confusion and conflicts between the state and City brackets and facilitate collection of tax by retail merchants in the City. Councilman Wilkinson made a motion, seconded by Councilman Russell to adopt Ordinance No. 137, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Russell, Suinn and Wilkinson. Nays: None. (Councilwoman Gray out of the room.) THE MOTION CARRIED Ordinance Adopted on First Reading Establishing Street Improvement District No. 73 Following is the City Manager's memorandum on this item: tlox] November 15, 1977 The Council has previously authorized the initiation of the , street improvement district to improve South Mason Street between Drake Road and Horsetooth Road. Also involved is the installation of a water line in a portion of the street. The plans for the improvements to be installed have previously been presented to the Council and will be available at this Council meeting. This meeting is the date previously estab- lished as the hearing date on the creation of this district and notices have been published and mailed giving notice of this hearing to property owners and other interested parties. Because the street abuts the railroad tracks on the west, it will benefit only properties on the east side of the street. Therefore, all of the cost of the improvements will be assessed against the properties on the east except that the City contemplates paying the cost of curb and gutter on then west side as a general City expense. Since this will open up the property in question from the Mason Street side, it should make this property substantially more valuable and it seems fair to assess all costs to this property. Mayor Bloom declared the public hearing open. City Clerk Verna Lewis stated for the record there have been no remonstrances filed and also that the notices by publication and mailing have been proper'y made. Hearing no participation, the Mayor declared the hearing closed. Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 138, 1977 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Acquisition of Gene Fischer Property Ditch #2 and Stuart Street Authorized City Council had considered this possible property acquisition at its executive session at 6:15 p.m, on this date. The Council had previously considered this purchase. City Manager Arnold addressed the City's offer of $2,000 per acre, which was rejected by the owner, and a counter proposal amounting to approximately $3,750 per acre was made. 304 November 15, 1977 Special Projects Coordinator Pat Polifka spoke to the use of the property for the open space program and drainage problems. Councilman Wilkinson made a motion, seconded by Councilwoman Gray to authorize the purchase at the $3,750 per acre figure and authorize the administration to close the purchase. Yeas: Councilmembers Bloom, Gray, Russell and Wilkinson. Nays: Councilmembers Bowling and Suinn. THE MOTION CARRIED Ordinance Tabled on First Reading Rezoning the Fischer -West Stuart Street Property Following is the City Manager's memorandum on this item: This is a request to rezone 11.0 acres located north of West Stuart Street between the New Mercer and Larimer No. 2 Canals from R-L to R-L-P. It was tabled on both October 4 and November 1, 1977. The petitioner's complete reasons for the rezoning are outlined in the attached Planning reports. Briefly, the petitioner contends that his property configura- tion and terrain constitute hardship conditions for development within the existing R-L zone. Council should consider this rezoning in light of the overall developability of the site. The City is reviewing the podsibility of using these ditches as an integral part of the stoup drainage system. Were this to occur, it would probably involve ditch bank Expansion onto the site. Also, accordinq to ditch companies, development between the two ditches could preclude proper ditch maintenance. Both the Planning and Zoning Board and Planning staff question the developability of the site on these grounds and recommend against the rezoning. The site, however, has excellent potential as a bike trail connection between residential development to the north and Rolland Moore Park to the south. Councilwoman Gray made a motion, seconded by Councilman Wilkinson to table Ordinance No. 119, 1977 on first reading to December 20, 1977. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Mayor Bloom declared a five minute recess. 9 305 November 15, 1977 Ordinance Withdrawn from Agenda Rezoning the Smith -West Prospect Street Property Following is the City Manager's memorandum and recommendation.on this item: This rezoning was tabled on October 4, 1977, to allow the petitioner to further develop the petition and define development objectives. The attached reports from Planning staff and the developer attempt to clarify the issue. Staff and the Planning and Zoning Hoard rend the site be rezoned R-LrP because the site development limitations such as grade conditions and the presence of the New Mercer Canal do warrant a zoning ordinance change to permit density shifts. Low -density, multi -family development, however, can be acccinplished with a change to R-L-P. The developer has agreed to amend the rezoning request from R-P to R-L-P. council's.previous concerns regarding the "intensity" of development on this site are addressed in the attached letter frrm the petitioner. The petitioner sites several advantages to such develop- ment on this site including: 1. That inner-city development minimizes the possibility of "leap -frog" development. 2. Existing utility systems are utilized which minimizes the need for costly extensions. 3. Traffic burdens on South College Avenue are lessened. 4. Consolidation of population facilitates mass transit. ihnfortunately, this letter was not received in time for staff comment. The petitioner requests that this rezoning be considered concurrently with the Anderson -West Prospect rezoning (also tabled to the November 15, 1977, Council meeting). The Anderson -West rezoning site is immediately east of the Smith - West Prospect site, and the petitioner feels that Council should consider the requests concurrently because 1) the entire 32 acres will be developed as one project, 2) the rezonings could involve "trade-offs" Letween the two sites,and 3) the surrounding residents are concerned about the character of development on the 32-acre area. Council should consider this rezoning in conjunction with the Anderson -West Prospect Street rezoning. Staff has no objection to the proposed R-LrP ' rezoning for the Smith -West site. The major issues surround the rezoning of the Anderson -West Prospect site. These issues are discussed under item #40. Planning Director Les Kaplan advised the agenda had been sent out, the petitioner and the subsequent request (Anderson -West contacted him and requested that they be their requests. 306 Council that since the for this rezoning request Prospect Rezoning), had allowed to withdraw 1 I November.15, 1977 Petitioner, Bob Sutter, reported on the meetings held with area residents and the newly discovered problems with having adequate sewer services to the area. He then requested they be allowed to withdraw their petition at this time to allow them to work with the residents in the area; with the understanding that the petitions will be resubmitted at the Planning and Zoning Board meeting in December. Councilmembers considered the density/intensity question and the additional traffic congestion which would be generated. Mr. Sanford Thayer, 1827 Michael Lane, and Mr. Andy Anderson, 1421 Skyline Drive, spoke against the withdrawal of the petition stating that the area residents had already attended numerous meetings and would have to attend still further meetings. They then recommended that Council deny the petition thereby giving the citizens of the area the relief of one year prior to resub- division. City Attorney March advised the Council that they had three options in this matter: 1, adopt the ordinance as proposed, 2. deny the ordinance, and 3. allow the withdrawal. Councilman Bowling made a motion to adopt Ordinance No. 120, 1977 on first reading. Mayor Bloom declared this motion dead for lack of a second. Councilman Wilkinson made a motion, seconded by Councilwoman Gray that Ordinance No. 120, 1977 be, withdrawn from the agenda. Councilwoman Gray made a motion, seconded by Councilman Bowling to amend the motion by adding that when the petitioner decides to repetition for a rezoning that he come back with all four areas as one parcel as one total development. Yeas: Councilmembers Bloom, Bowling, Gray, Russell and Wilkinson. Nays: Councilman Suinn. THE MOTION CARRIED Mayor Bloom put the motion with the following vote: Yeas: Councilmembers Bloom, Bowling, Gray, Russell and Wilkinson Nays: Councilman Suinn. THE MOTION CARRIED Ordinance Withdrawn on First Reading Rezoning __ the Anderson -West Prospect Property Following is the City Manager's memorandum on this item: 9 307 November 15, 1977 a is is a proposal to rezone 15.9 acres located on West Prospect Street frun R-L-P to R-P. The request was tabled at both the October 4 and November 1, 1977, Council meetings. The petitioner requests that the rezoning be considered concurrently with the rezoning for the Smith -West Prospect Street property because of the contiguity of the sites and the possibility for trade-offs between these two developments. The petitioner is requesting the rezoning because the existence of over lot grades, irregular property boundaries, and the crossing of New Mercer canal and Larimer No. 2 Ditch present severe economic hardships for development. Additionally, as the petitioner has outlined in his attached letter, multi- family development in such a location is beneficial because inner-city development minimizes the potential that leap -frog development will occur, utilizes existing utility systems as opposed to requiring costly extensions, lessens the burden of traffic on South College, and facilitates mass transit by consolidating population. \ As originally presented, Planning staff and the Planning and Zoning Board recommended denial of the rezoning because 1) the petitioner had not proven that flexibility of the P.U.D. approach and presently permitted low -density multi -family uses are inadequate to deal with the site planning challenges, 2) there currently exists extensive multi -family development and zoning to the east and south, and 3) additional high density development could result in traffic problems along West Prospect Street. As noted above, however, the petitioner has submitted a letter which provides 41) additional justification for the rezoning. The letter was not submitted in time for staff review. The Council should decide whether or not the additional information p by the petitioner in the attached letter addresses the above concerns additional justification for the rezoning. Councilman Russell made a motion, seconded by Councilman Bowling to withdraw Ordinance No. 120, 1977 from the agenda conditioned upon resubmission of all four parcels. Yeas: Councilmembers Bloom, Bowling, Gray, Russell and Wilkinson. Nays: Councilman Suinn. THE MOTION CARRIED 308 November 15, 1977 r� 1 Meadows East Subdivision First Filing Preliminary Plat Approved Following is the City Manager's memorandum and recommendation on this item: Attached is a metro from the Planning Department describing a proposal for 79 single-family and 27 triplex lots on 64.1 acres zoned R-L and R-Ir-M and located at the southeast corner of East Drake Road and Timberline Road. The major issue of concern here is how to handle the landscape treatment of detention ponds and areas along arterial streets adjacent to subdivisions. Planning staff has suggested a groundoover of native grasses that will require little maintenance and preclude weeds once it is established, but which would require irrigation at the outset. The Water Utility Department has indicated that providing a temporary water tap (without charging a Plant Investment Fee) would be workable. This issue is similar to that which was discussed in conjunction with Collindale P.U.D. at the last meeting. In light of Council's previous decision regarding this issue in connection with Collindale, the Administration recommends that the a set of Recormiendation: The Administration reccnvends approval of the preliminary plat with the condition that the final plat and utility plans conform with City soecifications to be established for landscape treatment of detention ponds and along arterial streets. Councilman Bowling made a motion, seconded by Councilwoman Gray to adopt the recommendation of the administration. Yeas: Council - members Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. (Councilman Russell out of the room.) THE MOTION CARRIED Kelger Park Subdivision, Preliminary Plat Approved Following is the City Manager's memorandum and recommendation on this item: 309 November 15, 1977 The attached report from the Planning staff addresses a proposal for seven multiple -family lots on 1.5 acres zoned R-M and located off Laporte Avenue west of North Shields Street. The Planning and Zoning Board considered the preliminary plat at its October 10 meeting and reaamiended approval. As indicated in the staff memo, residents of the area did protest the proposed project. This protest, however, stenme3 from a misunderstanding regarding the zoning and allowed uses of the site. The developer and residents have discussed building design and covenants to help assure compatibility of the project with the adjacent neighborhoods. A letter from the developer describing his responses to issues raised by residents is attached. Further staff caments regarding the development are addressed in the Planning menu. Of these comments Council should address the issue of granting the dev a variance from a 32-foot to 28-foot street pavement width. Reeocmmndation: The Administration recamends that the City Council approve the Kelger Park Subdivision, Preliminary Plat. Planning Director Les Kaplan advised Council that petitions had been received protesting the rezoning on this site, which is not the issue. Ms. Alice Milton spoke to a request from the area residents for a vacation of the alleys surrounding this proposed subdivision, and the objections based upon traffic patterns, and the desires to meet with the developers to lessen the impact on the neighborhood. Attorney Kelsey Smith, one of the developers of the property, spoke to the intent of the development, their willingness to meet with the area residents, and their desire for having a reduced street width. The developers also indicated they would work with the residents on protective covenants. Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve the preliminary plat of the Kelger Park Subdivision with the variance from a 32 foot to a 28 foot street pavement. Councilman Suinn made a motion, seconded by Councilwoman Gray to table this item to the December 13, 1977 meeting. Yeas: , Councilmembers Bloom and Suinn. Nays: Councilmembers Bowling, Gray, Russell and Wilkinson. THE MOTION WAS DEFEATED Mayor Bloom declared the motion had failed and put the main motion with the following vote: Yeas: Councilmembers Bloom, Bowling, Russell and Wilkinson. Nays: Councilmembers Gray and Suinn. THE MOTION CARRIED 310 November. 15, 1977 North Shore P.U.D. Preliminary Plan Approved Following is the City Manager's memorandum and recommendation on this item: The attached report from the Planning staff concerns a preliminary.plan for a proposed 76 multiplex units on 9.9 acres zoned R-P, located on East Horsetooth Road just west of Warren Park. The proposal raises an issue concerning the degree of flexibility in building placement on lots which can be acconmodated within a. planned unit development. I Building permits are issued for buildings on a lot in a standard subdivision subject to the applicable zoning setbacks. Building permits for buildings in a P.U.D. are issued subject to the approved site plan which normally shows exact building locations. Showing lots rather than buildings within a P.U.D. is ' workable as long as the specific criteria for issuance of permits for buildings on each of these lots is clearly specified on the site plan. The problem of "dwelling unit configuration" discussed in the attached memro frrxn Planning is not a problem with the design of the proposal, but with the lack of technical specificity that would govern the issuance of building permits for one of the two building types proposed (fourplexes arranged in pairs in- volving eight units on six lots). It is difficult for Building Inspection to administer building permits for this type of structure on a flexible lot -by -lot basis, because individual units do not correspond to individual lots. The Planning staff recommend., approval of the preliminary plan upon the condition that the final site plan indicate exact locations for the fourplex units (unless a set of criteria is developed which would allow this building type to be administered on a flexible basis over time.) ReconrTerdation: The Administration recommends approval of the preliminary plan with the condition that the final site plan indicate exact locations for the fourplex units (unless the criteria described above are developed). ' Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt the recommendation of the administration. Yeas: Council - members Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 9 311 November 15, 1977 Landings P.U.D., Second Filing, Final Plat and Plans Approved Mayor Bloom withdrew from consideration due to his consideration of a purchase of a home in this subdivision. Following is the City Manager's memorandum on this item: This proposal is for 47 single-family units on 18.5 acres zoned R-L-P and located on Landings Drive south of Horsetooth Pbad. Council approved a ' preliminary plan for this parcel and the area of the first filing on May 3, 1977. The attached report from Planning describes the project in detail. The Planning and Zoning Board recommended approval subject to several minor technical revisions. There are no major issues requiring Council consideration raised by the Landings P.U.D. It is anticipated that the applicant will adequately address the technical revisions by November 15, 1977. Councilman Bowling made a motion, seconded by Councilman Russell to approve the Landings P.U.D., Second Filing, Final Plat and Plans, subject to approval of the Landscape Maintenance Guarantee. Yeas: Councilmembers Bowling, Gray, Suinn and Wilkinson. Nays: Councilman Russell. (Mayor Bloom out of the room.) THE MOTION CARRIED South Shields P.U.D., Final Plat and Plans Tabled to December 13, 1977 Following is the City Manager's memorandum and recommendation on this item: This is a proposal for a Kentucky Fried Chicken fast-food restaurant on the former site of Scotti's Drive -In and for a separate one-story office building at the rear of the site. On July 26, 1977, Council approved the preliminary plan for this site with the condition that alternative means of ingress and egress be explored. The attached report from Planning discusses this question of traffic circulation, and staff feels that the proposal does minimize the impact on South Shields by separate entrance and exit driveways and an interior parking layout with angled spaces. A letter from the architect explaining the applicant's position concerning traffic circulation is also attached. The only concern of staff which has not been met is the submission of an open space maintenance guarantee. itconmendation: The Administration recormtends approval of the final plat of plans conditional upon the receipt of an acceptable open space maintenance guarantee. 312 November 15, 1977 It Councilwoman Gray stated she would because of the intensity of use in Councilman Wilkinson stated he did agressively enough the possibility Street. not vote in favor of this this small area and not feel the staff had pursued of taking access off Elizabeth Mr. Doug Parker of Cox and Associates spoke to the attempts made to reach a financial agreement for access, which had not.been successful. Councilman Russell made a motion, seconded by Councilman Bowling to table the final plat and plans for South Shields P.U.D. to: December 13, 1977 and instruct the administration to prepare a report on the traffic situation. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Final Plat of East Elizabeth Medical P.U.D. Approved City Manager Arnold stated the City Clerk had requested a clari- fication of the minutes relating to the final approval of the East Elizabeth Medical P.U.D. A portion of this request follows: "The Council Minutes: reflect only that the preliminary plans for the P.U.D. were approved on February 15, 1977 and then on March 29, 1977. Apparently, the March 29, 1977 minutes should reflect that the final plans were approved. It would appear to be necessary that the Council confirm by motion that the final plans have been approved before we can process the plat." Councilman Wilkinson made a motion, seconded by Councilwoman Gray to confirm that the Final Plat of the East Elizabeth Medical P.U.D. was approved. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Sewer Line Easement by Duane K. Johnson Property Accepted Following is the memorandum from the Capital Improvements Coordinator on this item: 313 November 15, 1977 1 "As a result of an error in the legal description of an easement agreement made in 1976 and the physical alignment of the actual sewer line across the property of Mr. and Mrs. Duane Johnson, it is necessary to obtain an additional five foot easement across the mentioned property. Ordinarily an easement of this sort is of minor consequence for the property owner who is compensated with a minor consideration for the inconvenience and right-of- way; however, this easement has been dramatically complicated as a result of a combination of errors by the City. The facts are that the City did obtain an easement agreement in April of 1976 for installing a new sewer line across the property of Mr. and Mrs. Duane. K. Johnson at 1623 LeMay Avenue. As a� result of an error in defining the legal limits of the easement, the easement in fact resulted in being five feet short in width of the amount required to install the new sewer line. To complicate things more, the City Water Department made a change in alignment of the new sewer line based on the belief that they would still be within the obtained easement. All was thought to be fine until the new sewer line was actually installed, and the owner registered a complaint with the City about the sewer line encroaching beyond the agreed easement limits. Unfortunately, the matter of negotiating for the additional five foot easement is not a simple matter since the additional five foot easement will restrict the usage and development of the property for which the owner has plans. It seems that the easement agreement made in April of 1976 was based on limiting the sewer line easement boundaries so that it would not interfere with his planned improvements on the lot. Since the location of the new sewer line goes through the middle of the remaining lot, it would be reasonable to conclude that the development of this lot would be limited, and the owner would be entitled to compensation for his loss. I have attached a sketch of the property and sewer line locations to give a visual concept of the problem. Acting as the City's representative, I have carried on negotia- tions with the Johnsons in an effort to come to an agreeable ' settlement. Since the City made the error and the sewer line:is installed, negotiations for a fair settlement have been contingent upon deriving a figure for the potential loss the owners would bear by limiting the possible potential development opportunities as a result of the placement of the City's sewer line. Negotiations have included reimbursement for the additional five foot easement at the current rate for easements to purchase of title to the property. The owner has rejected the current rate for 314 November 15, 1977 easements alternative, and the City has no need or use for title to the property. The resulting negotiations were based on arriving at a lump sum consideration for the potential loss of the owners for granting the additional five foot easement. The settlement that is being submitted for approval was arrived at in the following manner. The fair market value for property within the same neighborhood with like zoning (RP), and no utility taps, was determined to be in the range of $10,000 to $15,000 per lot based on lot sizes of 7,500 sq. ft. to 24,000. sq. ft. The price range is based on comparable sales data. Using the pri.ce range as a basis for comparison, the Johnson's property was estimated to have a fair market value of $10,000 to $11,000 taking into account the zoning, lot size (65 ft. x 232 ft.), and the site amenity considerations, such as traffic noise, etc. It was agreed that the potential loss would not be total, and the City should not have to pay for the total loss without gaining title to the property. The outcome of consider- able deliberation resulted in the compromise of the City giving a settlement of half the current fair market value of the property, or $5,000. Considering the errors were made by the City, the use of condemna- tion proceedings could conceivably be more costly than the proposed settlement. Since no fixed cost can be determined for condemnation proceedings, the only reasonable way to estimate the cost is by comparison. Using the method of comparison, the legal fees and court costs could be approximately $1,000 in addition to a settlement to the owners, which has been historically very generous. Based on past cases, even though the City with very few exceptions wins the easement or right-of-way, it loses financially. Since the owners are willing to grant the easement with fair compensation, I see no reason, or logic, for condemna- tion proceedings. RECOMMENDATION: Request Council approval of the Easement Agreement between Mr. and Mrs. Duane K. Johnson and the City of Fort Collins for a sewer easement for a valuable consideration in the amount of $5 000. The City has made a mistake and has an obligation to mace -the appropriate restitution. Based on the given set of circumstances, the settlement is considered to be the most equitable for most parties. An investigation has been made within the City .to locate the cause of problems encountered in this matter and procedures have been initiated to eliminate future happenings." 315 November. 15, 1977 Councilman Wilkinson made a motion, seconded by Councilwoman Gray to accept the sewer line easement and authorize the expenditure of $5,000 to pay for the easement. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Urban Services Area Policy Distributed Councilman Suinn stated copies of the interim urban service area policy were being prepared to be discussed at the next 1041 . Committee, and requested comments regarding the policy be made to the two representatives. Settlement Authorized Relating to the Wood Brothers Water Case City Attorney March requested authority to proceed in the law suit- that is now in appeal between the Wood Brothers and the City having to do with their water rights., An offer has been made to settle this by Wood Brothers paying the City $10,000.00 and the City dismiss the appeal. Councilman Suinn made a motion, seconded by Councilwoman Gray to authorize the City Attorney to make a settlement with Wood Brothers for $10,000. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Condemnation of Watts Property Settlement Authorized City Attorney March stated that as a result of the City condemnation action to acquire the right-of-way for the street and bicycle path and sidewalk improvements on Shields Street, the case was tried and the verdict was $20,000 including damage to the rest of the Property and the value of the: right-of-way taken. Councilman Bowling made a motion, seconded by Councilman Wilkinson to approve the settlement ($20,000) and to state that the Council will not appeal or contest that decision. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 316 41 November.15, 1977 Adjournment Mayor Bloom adjourned the meeting to November 22, 1977 at 1:30 p.m. The meeting was adjourned at 11:50 p.m. i yor ATTEST: I, ty Clerk 9 317