HomeMy WebLinkAboutMINUTES-08/17/1976-RegularAugust 17, 1976
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, August 17, 1976, at 5:30 P.M. in the Council
Chambers in the City of Fort Collins City Hall. Roll call was
answered by Councilmembers Gray, Reeves, Russell and Wilkinson.
Secretary's Note: Councilman Bloom arrived at the meeting
following the vote on Ordinance No. 60.
Absent: Councilmembers Bowling and Suinn.
Staff Members Present: Brunton, Bingman, Kaplan, Deibel, Kost,
Case, Liley and Lewis.
Also: City Attorpey Arthur March, Jr.
Minutes of Regular Meeting of August 3, 1976
Tabled to September 7, 1976 ,
Mayor Wilkinson stated he had received a request from the City
Clerk to have the Council table approval of the minutes until
the September 7, 1976 meeting for an addition to the minutes.
Councilman Russell made a motion, seconded by Councilwoman Reeves
to table the minutes of the regular meeting of August 3, 1976
to the regular meeting of September 7, 1976. Yeas: Councilmembers
Gray, Reeves, Russell and Wilkinson. Nays: None.
Ordinance Adopted on Second Reading Zoning
the Woodward Governor Annexation
Councilwoman Reeves made a motion, seconded by Councilwoman Gray
to adopt Ordinance No. 60, 1976 on second reading. Yeas: Council -
members Gray, Reeves, Russell and Wilkinson. Nays: None.
(Councilman Bloom out of room.)
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ORDINANCE NO. 60, 1976
BEING AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE OF
THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING
ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE
PROPERTY INCLUDED IN THE WOODWARD GOVERNOR 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 Woodward Governor Annexation to the
City of Fort Collins, Colorado, in the I-G, General Industrial
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 3rd day of August, A.D. 1976, and to
be presented for final passage on the 17th day of August,
A.D. 1976.
ATTEST:
City Clerk
Passed and adopted on final reading this 17th day of
August, A.D. 1976.
Mayor
ATTEST:
City Clerk
mm
First Reading:
Second Reading:
Dates Published:
Attest:
August 3, 1976
August 17, 1976
August 8, 1976
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a,
ty GLer
(Vote: Yeas
(Vote: Yeas
and August 22,
Ordinance Adopted on Second Reading
Relating to Storm Drainage
6, Nays: 0)
4, Nays: 0)
1976
Mr. Vic Weidmann of M & I Engineering, spoke in support of the
ordinance and requested clarification of technical aspects of
the application of the ordinance.
Councilwoman Gray made a motion, seconded by Councilman Bloom
to adopt Ordinance No. 61, 1976 on second reading. Yeas: Council -
members Bloom, Gray, Reeves, Russell and Wilkinson. Nays: None.
ORDINANCE NO. - 61 1976
BEING AN ORDINANCE RELATINGz,TOeSTORM DRAINAGE,
PROVIDING FOR CONSTRUCTION -AND INSTALLATION OF
STORM DRAINAGE LINES, DITCHES AND DETENTION PONDS,
ESTABLISHING A BASIS FOR PAYING FOR SUCH FACILITIES,
CREATING A STORM DRAINAGE BOARD AND ESTABLISHING
THE DUTIES OF THE STORM DRAINAGE BOARD.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. Declaration of Purpose. The City Council
hereby finds, determines and declares the necessity of
providing storm drainage lines and other facilities for the
drainage and control of flood and surface waters within the
City, including areas to be subdivided and developed, in
order that storm and surface waters may be properly drained -
and controlled and that the health, property, safety and
welfare of the City and its inhabitants may be safeguarded
and protected.
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Section 2. Property Owners to Provide Drainage Facilities.
The City Council further funds, determines and declares
under all attendant circumstances that the owners of property
within drainage basins in the City should provide the drainage
facilities necessary for the drainage and control of flood
and surface waters within drainage basins and also should
provide the facilities required to convey such waters from
the drainage basin to major drainage ways. Therefore, the
cost of installing drainage facilities in a drainage basin
should be assessed (in whole or in part) against the lands
in the drainage basin. The City Council further finds,
determines and declares that all real property within a
drainage basin will be benefited by the installation of
drainage facilities within the basin since the development
of elevated lands increases the runoff of storm waters from
such lands causing increased amounts of storm, water to flow
onto adjoining lands of lower elevation. The owner of such
elevated land has a duty to prevent such increased runoff
from doing damage to other lands, which duty will be met if
adequate storm drainage facilities are installed in the
drainage basin. To the extent possible the charges assessed
against lands in a drainage, basin for construction of drainage
facilities should take into account the amount of storm
water which will run off such lands after they have been
developed. --
Section 3.- Creation of Storm Drainage :'hard. In order
to assist in administering this ordir:acic chere is hereby
created a board of the City to be known as the Storm Drainage
Board (hereinafter referred to in this ordinance as the
"Board". The Board shall consist of from five to seven
members as determined from time to time by the City Council.
The City Council shall appoint all members of the Board.
The term of office of members of the Board shall be four
years except that the initial appointment shall be made in a
manner which will achieve overlapping of terms. The City
Council shall appoint persons to fill vacancies which may
exist on the Board,from time to time.'
Section 4. City Administration. The Department of
Engineering Services of the City Administration shall furnish
staff assistance to the Storm Drainage Board. Such department
shall be responsible for developing plans, establishing
proposed design and construction standards, and evaluating
proposals from subdividers and developers.
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Section 5. Duties of Storm Drainage Board. The Board
shall make recommendations to the City Council on all matters
concerning storm drainage facilities in the City. The Board
shall recommend to the Council appropriate divisions of the
City into separate drainage basins, which basins shall be
separately assessed for storm drainage facilities to be
installed to serve each basin. The Board shall also recommend
the facilities needed for each basin to provide adequate
storm drainage in the basin. Such recommendations shall
include the following for each drainage basin.
a. The facilities to be installed.
b. The time and schedule for installation of
facilities.
C. The method of assessing costs of facilities to
be installed against property in the basin.
d. The portion of the cost of facilities to be
assessed against property in the district and the
portion (if any) of such cost which should be paid by
the City as a whole. '
Before making recommendation for any project, the Board
shall analyze the project and compare the benefits to be '
achieved with the anticipated cost of the project. No
project shall be recommended if the analysis indicates that
the cost of the project is greater than the benefits to be
achieved.
The Storm Drainage Board shall also review and make
recommendations to the City Council on a master drainage
plan to be developed for city-wide facilities by the City
Administration, such recommendations to include proposed
methods of funding any master drainage plan as finally
approved.
Section 6. Establishment of Storm Drainage Basin.
After receiving the report and recommendation of the Storm
Drainage Board the City Council shall officially adopt by
resolution a Storm Drainage Map or Maps delineating the
boundaries of the storm drainage basin in the City and in
areas which may hereafter be annexed to the City. Such map
may also indicate existing development of properties within
the basin, zoning of properties and such other information
as may be determined to be advisable. Such map shall, after
adoption by the Council, serve as official designation of
the respective drainage basins of the City, but such map may
be revised from time to time by the City Council to conform
with existing conditions.
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Section 7. Storm Drainage Fees. After establishing
the Storm Drainage Basins and after receiving the report
from the Storm Drainage Board on a particular Storm Drainage
Basin, th--� C'--1 Council may establish by ordinance a storm
drainage fe c.• be paid by the owners of property in the
Storm Drainage Basin. Such storm drainage fee shall be
established in amounts which will provide sufficient funds
to construct the facilities which need to be installed in
the basin. The amount of the fee assessed against individual
properties and the method of collecting the same shall be
established by the ordinance. Assessments against individual
properties shall be on a per square foot basis but the
amount of the fee assessed per square foot against individual
properties in a basin shall not necessarily be equal in all
cases and the City Council may vary such amount dependent
upon the type of improvements which are on the property or
which may be placed on the property under the existing
zoning as such improvements relate to the storm water which
will be discharged from the property. It shall be proper
for the City Council to provide for the collection of the
storm drainage fee against property which has been developed
by a monthly charge to be added to the utility bills for
such property. In the case of undeveloped property, the
City Council may require the payment.of the storm drainage
fee as a condition of approving subdivision plats, building
permits, utility taps or other permits required for the
development of the property. Any fees not otherwise collected
' may be collected through special assessments levied in a M
local assessment district created pursuant to Chapter 16 of
the Code of the. -City of Fort Collins.
Section 8. Re-establishment of Storm Drainage Fees.
The City Council may from time to time by ordinance change
the amount of the storm drainage -fee for a storm drainage
basin based upon revised estimates of the cost of installing
facilities in the basin. Any such change shall be effective
only as to properties in a storm drainage basin which have
not paid any portion of the storm drainage fee assessed
against the property. After collection of the storm drainage
fee is commenced as to a particular property, the amount of
the fee shall not be increased.
Section 9. Storm Drainage Fund. All storm drainage
fees collected by the City shall be paid into a special fund
which is hereby created to be known as the Storm Drainage
Fund. Such fund shall be used only for the purpose of
paying the cost of storm water facilities to be constructed
in the various storm drainage basins, but it shall not be
necessary that expenditures from the fund relate to the
particular basin from which the fees were collected. To the
extent that the fees collected are insufficient to construct
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the needed storm water facilities, the cost of the same may
be paid from the General Fund of the City, but the City
Council may order the reimbursement of the General Fund if
additional fees are thereafter collected. All amounts on
hand in such fund from time to time shall be invested by the
Director of Finance in investments proper for City funds.
Section 10. Subdivisions - Storm Drainage Facilities
Required. Prior to the final approval of the plat of any
subdivision, the owners of the property being subdivided
shall at such owners' cost prepare detailed plans and speci-
fications for the construction and installation of all storm
water facilities required for such subdivision, including
the facilities required to convey storm water to existing
drains, retention ponds or other existing discharge point,
all in conformity with the master plan of the Storm Drainage
Basin adopted by the City Council. Such plans and specifica-
tions shall include an engineer's estimate of the cost of
constructing all such facilities. The Director of Engineering
Services shall review such plans, specifications and cost
estimates and after his approval of the same, the plat of
the subdivision may be approved by the City Council subject
to the City being furnished with acceptable assurance (by
bond or otherwise) that such facilities will be constructed
and installed as indicated and approved.
Section 11. Subdivisions — Credit For Storm Drainage ,
Fees. Prior to final approval of a subdivision plat the
developer shall make satisfactory arrangements for payment
of storm drainage fees due for the subdivision. The amount
of the fee payable shall be reduced by the estimated cost of
constructing the storm water facilities to be installed by
the developer. Upon completion of installation of all such
facilities, the amount of such reduction shall be adjusted
to reflect the actual cost of the facilities. To the extent
that fees have not been paid but are still evidenced by an
agreement to pay storm drainage fees, the adjustment shall
be made by an amendment or endorsement to such agreement.
If all fees provided for have been paid then any adjustment
shall be made by cash payment.
Section 12. Subdivisions - Excess Cost of Constructing
Facilities. In the event facilities required to be constructed
by the developer for a subdivision cost more than the storm
drainage fees payable for the land in the subdivision, the
City shall pay the excess cost out of the storm drainage
fund. Such amount shall be payable upon completion of all
required storm water facilit..;es and approval of the same by
the City.
E.E.
Section 13. City Responsible for Accepted Facilities.
All storm water facilities constructed, installed or provided
hereunder shall upon acceptance of the same by the City
become the property of the City; and the City thereafter
shall be responsible for the operation and maintenance of
the same.
Section 14. City to Cooperate with Larimer County.
The City shall in all ways and within the limits of its
powers, solicit the County of Larimer to cooperate in providing
drainage facilities in drainage basins, or parts thereof,
extending outside the City limits and in general to carry
out the drainage plan developed therein. Maps showing all
drainage basins and proposed facilities shall be furnished
to the Larimer County Commissioners for their use in this
matter.
Introduced, considered favorably on first reading, and
ordered published this 3rd day of August , A.D.,
1976, and to be presented for final passage on the 17th day
of August A.D.,1976. �----�
ATTEST: Mayor
City Clerk
Passed and adopted on final reading this 17th day of
August , A.D., 1976.
ATTEST:
City Clerk
First Reading: August 3, 1976
Second Reading: August 17, 1976
Dates Published: August 8, 1976
Attest:
f ��r✓; �2� rl '
City Clerk
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(Vote: Yeas: 7, Nays: 0)
(Vote: Yeas: 5, Nays: 0)
and August 22, 1976
Ordinance Adopted on Second Reading Vacating
Easements in the Bruce E. Miller Cedarwood
Subdivision
Councilwoman Gray made a motion, seconded by Councilwoman Reeves
to adopt Ordinance No. 62, 1976 on second reading. Yeas:
Councilmembers Bloom, Gray, Reeves,' Russell and Wilkinson.
Nays: None.
ORDINANCE NO. 62 , 1976
BEING AN ORDINANCE VACATING CERTAIN EASEMENTS
DEDICATED TO THE CITY ON THE PLAT OF BRUCE E.
MILLER CEDARWOOD SUBDIVISION, SECOND FILING,
AND THE PLAT OF BRUCE E. MILLER CEDARWOOD
SUBDIVISION, FOURTH FILING
WHEREAS, heretofore the City Council approved the plats
of the Bruce E. Miller Cedarwood Subdivision, Second Filing,
and the Bruce E. Miller Cedarwood Subdivision, Fourth Filing,
and by such approval accepted the dedication of easements
set forth on such plats; and
WHEREAS, thereafter Lots 24, 25 and 26 of the Bruce E.
Miller Cedarwood Subdivision, Second Filing, and Lots 30,
31, 42, 43 and 44 of the Bruce E. Miller Cedarwood Subdivision,
Fourth Filing, were replatted as a part of the Bruce E.
Miller Cedarwood Subdivision, Fifth Filing; and
WHEREAS, the easements dedicated across the lots in the
Bruce E. Miller Cedarwood Subdivision, Second Filing, and
the Bruce E. Miller Cedarwood Subdivision, Fourth Filing,
which were replatted in the Bruce E. Miller Cedarwood Subdivi-
sion, Fifth Filing, are no longer needed because of new
easements dedicated and accepted by the plat of the Bruce E.
Miller Cedarwood Subdivision, Fifth Filing; and
WHEREAS, the owner of the property has requested that
the utility'easements as shown on the original plat of the
replatted lots be vacated.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF FORT COLLINS, that all easements across Lots 24, 25
and 26, Bruce E. Miller Cedarwood Subdivision, Second Filing,
and Lots 30, 31, 42, 43 and 44, Bruce E. Miller Cedarwood
Subdivision, Fourth Filing, be, and the same hereby are,
vacated, abated and abolished; provided, however, that
nothing herein shall in any way affect or change any easement
dedicated by the plat of Bruce E. Miller Cedarwood Subdivision,
Fifth Filing. 90
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Introduced, considered favorably on first reading, and
ordered published this 3rd day of August , A.D. 1976,
and to be presented for final passage on the 17th day of
August , A.D. 1976.
ATTEST:
CTy Clerk
Passed and adopted on final reading this 17th day of
August , A.D. 1976.
I/Y'lIL/
ATTEST
City Clerk
' First Reading: August 3, 1976 (Vote: Yeas: 7, Nays: 0)
Second Reading: August 17, 1976 (Vote: Yeas: 5, Nays: 0)
Dates Published: August 8, 1976 and August 22, 1976
Attest:
City Clerk
Ordinance Adopted on First Reading Relating
to Sidewalk Improvement District No. 5
This is the date for the hearing as set out in the notice properly
given on July 11, 18, 25, 1976.
City Clerk Verna Lewis stated a protest had been received which
was read into the record.
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OBJECTIONS TO
PAVING DISTRIC9ASSESSMENT
Shields Farms, Inc. hereby protests the assessment of
Three Thousand Six Hundred Ninety -Seven Dollars and Thirty -
Six Cents ($3,697.36) for Side Walk Improvement District
No. 5 and as grounds therefore states as follows:
1. That the procedural requirements regarding notifi-
cation of property owners are improper.
2. That the ordinance creating Side Walk Improvement
District No. 5 is unconstitutional in that procedural and
substantive due process has been denied the property owner,
Shields Farms, Inc.
3. That the City of Fort Collins has sought to take '
title in fee simple to fifty feet (50') from the middle
of Shields Street for public use as a bicycle path and
other uses and should be the party responsible for all
such costs of sidewalk paving. (See attached petition.)
4. That there is no benefit to the property owned by
Shields Farms, Inc. (See statement by Wilson Wampler, who
was hired by the City to do an appraisal.) Further, the
City forced the property, by annexation, into the City,
rezoned the property in a R-P zone, has taken possession
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of the Shields Farms, Inc. property by condemnation and
now seeks to impose an intolerable burden on said property
by taxation. Where does it all end?
Respectfully submitted,
City Attorney March summarized the attachments being, (a) a
petition filed by the City in eminent domain initiating the
condemnation action to acquire a portion of the petitioner's
property, part of which was used to install the improvements,
(b) a copy of page 35 of an appraisal stating as follows:
"APPRAISAL "AFTER" THE TAKING
Since two mobile home pads were considered within the
taking, two remain after the taking. There is no damage to
the remaining two since the street will be no nearer for all
practical purposes than it was before, and rents should not
be decreased. Because the city has stated its intent to
relocate the arena; access points and various other items
as required in a satisfactory manner, and we have so assumed,
the taking causes no damage.
When the widening of Shields Street is complete, there
will be a new seven -foot walkway within the part that was
acquired. This might be of some general benefit to the
property but is not measurable as a specific benefit.
(However inasmuch as there is no damage to the remainder,
a specific benefit, if it existed, would have nothing to offset
and so these remarks are merely advisory.)"
Attorney Elery Wilmarth, speaking on behalf of Shields Farms.Inc.,
requested the City Council delete the property of Shields Farms
Inc. from the district and determine that this assessment be
paid for by the City at large.
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Councilmembers heard the request and discussed the hardship
aspect for possible relief.
Councilman Bloom made a motion, seconded by Councilwoman Reeves
to deny the request of Shields Farms Inc. Yeas: Councilmembers
Bloom, Reeves, Russell and Wilkinson. Nays: Councilwoman Gray.
City Clerk Verna Lewis then read the ordinance by title.
Councilman Bloom made a motion, seconded by Councilwoman Reeves
to adopt Ordinance No. 63, 1976 on first reading. Yeas: Council -
members Bloom, Gray, Reeves, Russell and Wilkinson. Nays: None.
Ordinance Adopted on First Reading Relating
to Street Improvement District No. 68
This is the date of the hearing as set out in the notice properly
given on July 11, 18, 25, 1976.
City Clerk Verna Lewis stated she had received no protests on
this district. Mayor Wilkinson again inquired if there were any
objections to the ordinance. Hearing none, City Clerk Verna Lewis
read the ordinance by title.
Councilwoman Reeves made a motion, seconded by Councilwoman Gray ,
to adopt Ordinance No. 64, 1976 on first reading. Yeas: Council -
members Bloom, Gray, Reeves, Russell and Wilkinson. Nays: None.
Ordinance Adopted on First Reading Relating
to Local Public Improvements and Improvement Districts_
Following is the City Manager's memorandum on this item:
"On March 18, 1971, the City Council adopted an ordinance relating
to changes in the ordinance creating special improvement districts
and the assessment of the cost of local improvements against
property owners specifically benefiting thereby. Section 16-7
of the Code deals with objections and remonstrances and Section
C states, "In the event the owners of more than fifty percent
(50%) of the frontage, area or whatever other dimension constitutes
the basis for the computation of the proposed assessments present
objections to the proposed improvements in the manner provided
in this section, the improvements shall not be ordered unless
the City Council by an affirmative vote of all of its members
finds and determines that the public interest requires the
making of acquisition of the proposed improvements or any part
thereof."
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At one of the recent work sessions, it was requested that we
at least consider the repealing of the Section requiring the
affirmative vote of all Council members. In the majority of
cases, the City of Fort Collins or any other City should not
want to force through any improvements if the majority of the
benefiting property owners object. However, requiring the
affirmative vote of all Council members has and will constitute
a major problem for some improvements. If a Council seat is
vacant or a member is out of the city for an extended period
or ill, this absence could stop any needed improvement district.
Also, if a Council member is opposed to a project, it could be
effectively prohibited by a minority vote. It appears that
something more than a simple majority vote should be required
to pass a special assessment project when more than 50% of
the people object. Certainly the City should not be considering
projects where the affected property owners are objecting and
there is no determined public need and benefit.,.
Ordinance No. 67, 1976, states that the improvement with 50%
remonstrances requires an affirmative vote of two-thirds of
all the City Council members. This would, therefore, require
five affirmative votes before any project of this nature can
proceed."
Councilman Russell made a motion, seconded by Councilwoman Gray
' to adopt Ordinance No. 67, 1976 on first reading. Yeas:
Councilmembers Bloom, Gray, Reeves, Russell and Wilkinson.
Nays: None.
Ordinance Adopted on First Reading Amending
the Code Relating to Districts for Election of Council Members
Following is -'the City Manager's memorandum on this item:
"At a special City election on February 20, 1973, our City Charter
was amended to provide for four City Council members to be
nominated from four Districts in the city and elected at large.
The Charter further provides that each district shall consist
of approximately the same number of electors.
On March 15, 1973, the City Council adopted Ordinance No. 22, 1973,
establishing the four districts for the first time. The ordinance
spelled out the various County precincts in the districts, but
also stipulated that it should be based on the City Council
district map dated February 21, 1973.
Earlier this year I requested the City Clerk and Planning
Department to come up with a new proposed district map with
approximately the same number of electors. This task is difficult
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to do in a growing and expanding city. At the time the map
was issued, I indicated to Council that I wanted to do some
more review work and did not like the major shifts in various '
precinct boundaries. After that time, it was discovered that
two district Council members were in the same district. For
this and other reasons, it was reviewed by the Administration.
At the work session on August 10 a revised map was shown
listing revised districts. In my opinion, this map is better
than the one originally submitted. It had been suggested that
two present Council members were too close. This argument
is ridiculous as the boundaries of the districts have nothing .
to do with the distance between people's homes. The only way
to avoid having Council members live close together is to
allow only those people living in the geographical center of
each area to run for office.
The new ordinance spells out the acceptance of the new districts
based on the County district map that will be dated at the time
this ordinance will be approved by the City Council. At this
stage it follows precinct lines, but this could change as the
County changes some of the precinct boundaries."
Councilwoman Reeves made a motion, seconded by Councilman Bloom
to adopt Ordinance No. 68, 1976 on first reading. Yeas:
Councilmembers Bloom, Gray, Reeves, Russell and Wilkinson. I
Nays: None.
Ordinance Tabled to October 5, 1976 Relating
to the Vance Annexation
Following is the City Manager's memorandum on this item:
"This is the date scheduled for the hearing on the question
of annexing this property. For more than three years this property
has had an excess of two-thirds of its boundary contiguous with
the City. In order to annex this property without petition,
Council must first make a determination that the the property
has had two-thirds of its boundary contiguous with the City for
more than three years and that the annexation complies with the
requirements of Section 31-12-105 of the Colorado Statutes.
A copy of that section is attached. The enclosed resolution
will make the required findings. After adoption of the resolution
the ordinance annexing,the property can be adopted.
At this time, the property in the annexation is not being zoned
and under the terms of the annexing ordinance there will be a
period of 90 days within which this zoning can be accomplished.
The Planning and Zoning Board has previously considered the
zoning, but more discussion with the property owner and affected '
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parties should take place before the zoning is decided on."
' Director of Planning Les Kaplan spoke to the history of the
petition for annexation and presented recommendations on the
zoning for the property.
City Attorney March requested, for the record, a statement
from the Planning staff that the property has had two-thirds
of its boundaries contiguous to the city limits for more than
three years. The Planning staff made such a required state-
ment.
Attorney Ralph Harden appeared on behalf of Ed Vance and
requested that the Council table action on this annexation
until the owners have undertaken a sale and a proposal has
been made so that a use and a division of the area into a zoning
district can be determined based on specific proposal. Further,
he was prepared to present testimony that the area does not
have the necessary contiguity required by the statute.
This question will be discussed with staff.
Councilman Russell made a motion, seconded by Councilwoman Reeves
to table consideration on this annexation to October 5, 1976.
Yeas: Councilmembers Bloom, Gray, Reeves, Russell and Wilkinson.
Nays: None.
' Ordinance Adopted on First Reading Amending
Ordinance No. 25, 1976, Relating to the Sanitary Sewer Utility
Following is the City Manager's memorandum on this item:
"At the recommendation of the Administration and in order to
comply with requirements connected to the grant for the sewer
improvements, the City Council adopted a new sewer ordinance
which was Ordinance No. 25, 1976. Review of the Environmental
Protection Agency has also required some minor changes. The
attached Ordinance will accomplish this."
Councilman Bloom made a motion,, seconded by Councilwoman Reeves
to adopt Ordinance No. 69, 1976 on first reading. Yeas:
Councilmembers Bloom, Gray, Reeves, Russell and Wilkinson.
Nays: None.
Resolution Adopted Approving Revisions to Administrative
Policies and Procedures for the Sewer Utility
Following is the City Manager's memorandum on this item:
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"Along with the revisions to the sewer ordinance, minor changes
are needed for the Administrative Policies and Procedures for I
the sewer utility. These have been prepared and are recommended
by the Water and Sewer Utilities Department. The enclosed
Resolution is required to approve these changes."
Councilwoman Gray made a motion, seconded by Councilwoman Reeves
to adopt the resolution. Yeas: Councilmembers Bloom, Gray,
Reeves, Russell and Wilkinson. Nays: None.
RESOLUTION 76-46
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING
AND ADOPTING REVISIONS TO THE ADMINISTRATIVE POLICIES
AND PROCEDURES FOR THE CITY SEWER UTILITY SUBMITTED BY
THE CITY WATER AND SEWER UTILITY DEPARTMENT
WHEREAS, Ordinance No. 25, 1976, authorizes the promul-
gation of administrative policies and procedures for the
City Sewer Utility; and
WHEREAS, heretofore the City Council has approved ,
administrative policies and procedures which were prepared
and submitted by the City Water and Sewer Department; and
WHEREAS, the City Water and Sewer Department has submitted
recommended changes to the administrative policies and
procedures for the approval of the City Council; and
WHEREAS, the City Council has reviewed such revisions
to the administrative policies and procedures and desires to
approve the same.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS that the revisions to the administrative
policies and procedures of the City Sewer Utility submitted
by the City Water and Sewer Utility Department be, and the
same hereby are, approved, authorized and adopted effective
the date of passage of this resolution.
98 1
1
Passed and adopted at a regular meeting of the City
Council held this 17th day of August, A.D. 1976.
ATTEST:
City Clerk
Hanna Second Annexation Referred to City Attorney
for Ordinance Preparation
Following is the City Manager's memorandum and recommendation
on this item:
"The proposed annexation is 8-1/2 acres located on the southwest
corner of West Vine Drive and North Shields Street. The requested
' zoning is for R-L, Low Density Residential District use. We
have always felt that it would be good to encourage residential
development in the northwest portion of the City. One of the
problems, however, is the safety of children going to the new
Lincoln Junior High School on Vine Drive. Vine Drive is at the
present time outside the City Limits and under County control
and responsibility. I think, however, by requiring sidewalks
on Vine Drive and working with the County toward continuing
better safety protection for the school children we can arrive
at an equitable solution. At its August 9, 1976, meeting, the
Planning and Zoning Board recommended approval of this annexation
with R-L Zoning.
Recommendation: The Administration recommends that the City
Council approve the Hanna Second Annexation and instruct the
City Attorney to prepare the necessary annexation ordinance."
Councilwoman Gray stated for the record, that she had been
contacted by Mr. Diebert who lives in the area and objects to
the annexation. Councilwoman Reeves also requested the Council
look into the sidewalks at the time the area is annexed.
Councilwoman Reeves made a motion, seconded by Councilman Russell
to approve the annexation request and instruct the City Attorney
' to prepare the annexation ordinance.
99
Resolution Adopted Authorizing Application for State Grant
for Water Treatment Plant No. 1 Wastewater System
Following is the City Manager's memorandum on this item:
"To comply with State and National regulations, the City of
Fort Collins is required to construct a wastewater discharge
collection and treatment system for our Water Treatment Plant
No. 1 located on the Poudre River. In February 1, 1976, we
received a tentative commitment of 25% of the cost of the
project from the Colorado Water Quality Control Committee.
It is estimated that this project will cost $300,000, and
therefore, the grant request is for $75,000.
The bids on this proposed work will be opened on August 30, 1976.
We hope to have the final tabulation and request into the State
for their September 7 meeting. The enclosed Resolution authorizes
the City Manager to execute and file an application on behalf
of the City of Fort Collins."
RESOLUTION 76-47
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY NIANAGER TO APPLY FOR A
GRANT AND TO EXECUTE A GRANT AGREEMENT IN
CONNECTION WITH CONSTRUCTION OF A WASTEWATER
COLLECTION AND TREATMENT SYSTEM AND RENOVATIONS
BEING MADE TO WATER TREATMENT PLANT NO. 1 OF THE
CITY OF FORT COLLINS
WHEREAS, under the Laws of the State of Colorado the Colorado
Department of Health has been authorized the making of grants to
authorized applicants to aid in the construction of wastewater
treatment systems; and
WHEREAS, the City of Fort Collins will make modifications to
and construct a wastewater treatment system at Water Treatment Plant
No. 1,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Robert L. Brunton, City Manager, is hereby
authorized to execute and file an application on behalf of the
City of Fort Collins, Colorado for a grant to aid in the construc-
tion of a wastewater treatment system and such plant modification
as may be necessary to accommodate such a system is hereby authorized
and directed to furnish such information. as the State may reasonably
request in connection with such application and to sign all necessary
documents and receive payment.
100
1
[A
1
Passed and adopted at a regular meeting of the City Council held
' this 17th day of August, A.D. 1976,
Mayor _
ATTEST:
City Clerk
Sewer Utilities Director Roger Krempel gave an oral description
of the project.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves
to adopt the resolution. Yeas: Councilmembers Gray, Reeves and
Russell. Nays: Councilmembers Bloom and Wilkiuson.
Evergreen Park Subdivision
Second Filing, Final Plat Approved
Following is the City Manager's memorandum on this item:
"The Second Filing of Evergreen Park Subdivision consists of
166 lots on 64.4 acres zoned R-L-P, located between Lindenmeier
Road and Redwood Street to the north of East Vine Drive.
A considerable number of problems have occurred concerning this
development. One of the more critical ones is the location of
the Central Fort Collins Expressway. On July 12, 1976, we
received a letter from the State Department of Highways stating
that the corridor for the Expressway will be south of Conifer
Street. On July 26-, 1976, we received a copy of a letter stating
that the BA corridor would be designated for the Expressway.
We will continue to monitor this problem, but some problems
will exist while trying to get all issues resolved until the
State has the final right of way for the Expressway designated.
It appears that the earliest this will be known is late spring
of 1977.
At its July 12 meeting, the Planning and Zoning Board unanimously
recommended approval of the Second Filing with the understanding
that the utility plans would be prepared and approved by the
' City Engineer and that there would be a long-term maintenance
agreement for the BOR easement."
101
Councilwoman Gray made a motion, seconded by Councilwoman Reeves
to approve the Evergreen Park Subdivision, Second Filing, -Final '
Plat subject to filing of a utility plan and a long term main-
tenance agreement for the BOR easement. Yeas: Councilmembers
Gray, Reeves and Russell. Nays: Councilmembers Bloom and
Wilkinson.
Appeal from Decision of Zoning Board of Ap:
Variance Request for 818 West Oak Street Set
is on
Following is a portion -of the City Manager's memorandum on this
item:
"A petition was presented to the Zoning Board of Appeals to
reduce the lot size from 9,000 square feet to 8,000 square feet
and the lot width from 75 feet to 40 feet for the property at
818 West Oak Street. The property is presently a two-family
residence, and the request was made in order to allow construc-
tion of a third living unit in the basement. The Zoning Board
of Appeals first considered the matter on July 20th and tabled
it on that date in order to allow the City Attorney's office
to research the question of whether the grant of the variance
could be conditioned on the owner living on the premises.
The matter was again considered at the Board's meeting on
August 10 at which time the City Attorney's office gave their
opinion that this would not be a proper condition to attach
to the variance. On a motion to deny the variance the four
members of the Board present reached a tie vote. No other
action was taken and, therefore, the variance request in effect
was denied.
The applicant has requested that the City Council reconsider the
decision of the Zoning Board of Appeals."
City Attorney March recommended Council set a hearing date on
this item.
Councilwoman Reeves made a motion, seconded by Councilman Bloom
that Council -set the hearing date for September 7, 1976 and
instruct the City Clerk to give notice to all interested parties
on the hearing date. Yeas: Councilmembers Bloom, Gray, Reeves,
Russell and Wilkinson. Nays: None.
Clearview Apartments Subdivision Final Plat
Approved'
Following is the City Manager's memorandum on this item:
102
"The Clearview Apartments Subdivision consists of 8.2 acres
zoned R-M, Medium Density Residential located at 2404, 2412,
2416, and 2420 Clearview Avenue. This request is to simplify
the legal descriptions and to facilitate future transfers of
the property since there are already four apartment buildings
on the site. The building permits were issued in 1965 prior
to the adoption of the current zoning ordinance. At its
July 12 meetingthe Planning and Zoning Board recommended for
approval subject to the petitioner receiving the necessary
variances from the Zoning Board of Appeals. At its meeting
on August 10 the Zoning Board of Appeals approved the requested
variance."
Councilwoman Gray made a motion, seconded by Councilwoman Reeves
to approve the Clearview Apartments Subdivision Final Plat.
Yeas: Councilmembers Bloom, Gray, Reeves, Russell and Wilkinson.
Nays: None.
Cottonwood P.U.D. Final Plat Approved
Following is a portion of the Planning Department's memorandum
and recommendation on this item:
"Planning and Zoning Board Recommendation: Approval
At its August 9 meeting, the Planning and Zoning Board voted
unanimously to recommend- approval of the final plat with the
following conditions recommended by staff:
1. The project should be phased so that at no time will
the cumulative density of the project exceed six (6)
units/acre. Similarly, the nonresidential uses should
be developed only after the dwelling units upon which
they are proportionately based under the P.U.D. ordinance
are developed.
2. Several technical revisions of the plat and unit
development plan concerning locations of sidewalk,
swimming pool and fences, the apartment unit numbering
system, and utility easements.
Additional Comments:
Because of severe time constraints to the developer's option on
this site, he has asked that the final plan be considered by the
City Council at its August 17 meeting even though utility plans
have not been approved and minor technical changes to the unit
development plan recommended by the staff and Board have not as
yet been made.
103
In light of this the staff recommendation would be for the
Council to approve the final unit development plan subject
to the following conditions:
'
1. Approval of utility plans by the City Engineer.
2. Technical revisions of he unit development plan as
per staff and Planning and Zoning Board recommendations.
3. Approval by the City Attorney of a legal instrument
setting forth a plan providing for the permanent care
and maintenance of open spaces, recreational areas,
and communal facilities within the P.U.D. as required
by the P.U.D. ordinance.
4. Compliance with the landscape installation guarantee
(bond or contract approved by the City Attorney) as
per the P.U.D. ordinance."
Developer, Maurice Deines, spoke to the delays in this project
and requested Council waive the sidewalk separation and allow
the sidewalk at curb line.
Councilwoman Reeves made a motion, seconded by Councilman Russell
to approve the Cottonwood P.U.D. Final Plat subject to the staff
recommendations, with the sidewalk to be five feet at curb line,
the extra foot to be paid for by the developer. Yeas: Council -
members Bloom, Gray, Reeves, Russell and Wilkinson. Nays: None.
Platte River Power Authority P.U.D.
Preliminary Plan Approved
Jz Following is the City Manager's memorandum on this item:
"The Platte River Power Authority owns a tract of land located
on the northwest corner of Horsetooth Road and Timberline Road.
This 12-1/2 acre tract is zoned I-P, Industrial Park District,
and I-G, General Industrial District. This development will be
for the P.R.P.A. headquarters building, warehouse and storage
yard. At its August 9, 1976, meeting the Planning and Zoning
Board recommended unanimously for approval of the preliminary
plan. The P.R.P.A. agreed to all the recommendations that
were made by the planning staff."
Councilwoman Reeves made a motion, seconded by Councilwoman Gray
to approve the Preliminary Plan of the Platte River Power Authority
P.U.D. Yeas: Councilmembers Gray, Reeves, Russell and Wilkinson.
Nays: None. (Councilman Bloom out of room.)
104 1
Citizen Participation
a. Justus Wilkinson, 429 South Whitcomb, requested that Council
not increase the mill levy for 1977. The second request was
that the Police Department not discontinue the practice of
providing police escorts for funerals.
b. Jim Bailey, north of Fort Collins, spoke to the priorities f
the Capital Improvements Program and recommended that the Op
Space Program be given the highest of priorities.
C. Andy Anderson, President of the Concerned Citizens for Choic
City Government, spoke to the following:
1. The one-to-one police car plan.
2. The time when Council will act on items to be placed on
the April, 1977 General Election Ballot.
3. The possibility of reconvening the Charter Review Committ
d. Lupe Carbajal, representing the task force on Police-Communi
Relations, inquired when Council will be hearing a report on
the Police -Community Relations.
e. Proclamation for National Cancer Day was read by Verna Lewis
City Clerk, proclaiming September 8, 1976 as "National Cance
Day."
' f. City Manager Brunton read the following letter of commendati
into the record:
CITATION OF COK ENDATION
TO
or
en
e
ee.
ty
r
on ,
BEN ALEXANDER, SUPERVISOR
POUDRE WATER TREATMENT PLANT
CITY OF FORT COLLINS, COLORADO
On the night of July 31, 1976, the area experienced one of the most
intense rainfalls of the 20th Century.. This resulted in the Poudre
River rising to a flood flow of 8150 cubic feet a second which has
been exceeded only three times previously, in 1893, 1904, and 1930.
In 1951 during a lesser storm, two people lost their lives during
flooding conditions which washed out the spillway on the Seaman
Reservoir, owned by the City of Greeley, which is located on the
North Fork adjacent to our Poudre Water Plant.
105
On the occasion of the flood on Saturday night, July 31, 1976, Ben
Alexander volunteered to cross the Poudre River during flood stage
over a light duty wooden bridge to check on the water level in the
Seaman Reservoir so as to provide area water officials with needed
information on the ability of the -Seaman Reservoir to store flood
waters coming down the North Fork. With the water rising at an un-
precidented rate, there was no assurance that there would be a
wooden bridge remaining to return to our Poudre Water Works.
For this action, above and beyond his supervisory responsibility,
and solely in the interest of providing needed information to the
River Commissioner in a time of extreme emergency, we commend Ben
Alexander for his unselfish action on behalf of the people of Fort
Collins and Poudre River Basin.
Water & Sewer Utilities.
August 9, 1976
Report from City Manager I
a. City Manager Brunton announced the Library construction is
on schedule; anticipated move to date is the first week in
September.
b. City Manager Robert L. Brunton expressed appreciation to
Woodward Governor in putting in sod at the Library at the
company's expense.
C. Negotiations are being held with CSU for 24 acres at the
Soldier Canyon area and one acre at the Bull Farm in connection
with the Maxwell property purchase.
d. HUD has given permission for the City to extend the Housing
Rehabilitation Program until February 3, 1977.
e. The taxrefundsnd utility refund notices have gone out printed
in both English and Spanish.
f. Permission has been received for the demolition of delapidated
housing as part of the City's Housing Redevelopment Program.
g. National League of Cities registration forms were distributed
for Council use for the meeting November 28 to December 1, 1976
in Denver.
106
h. Registration forms were also distributed for the Colorado
Municipal League, District II Work Shop in Greeley on
September 10.
i. The Administration has prepared a list of pending items
for Council action. Council is requested to list the
priorities of the items.
j. The City is in receipt of an opinion from the Public
Utility Commission with regards to the telephone case.
k. The District Court has ruled in favor of the City in the
suit brought over the closing of Briarwood Road.
t from Citv Council Representatives on Committees
Mayor Wilkinson stated he was in receipt of two letters from
Buford Plemmons, Chairman of the Sister City Committee, introducing
Fort Collins residents who will be going to Limeira, Brazil.
Mayor Wilkinson stated Councilman Suinn had sent letters to the
County Commissioners offering the assistance of the Department of
Psychology at CSU to the flood victims of the Big Thompson area.
Resolution Adopted Expressing the Opposition
of the City Council to the Proposed Nuclear Initiative
Following is the 'City Manager's memorandum on this item:
"At its August 3, 1976, meeting the Fort Collins City Council
reviewed a recommended resolution opposing the proposed nuclear
initiative to appear on the ballot in November of 1976. There
were several interested parties that appeared before the City
Council in opposition to the resolution. At that time the City
Council tabled the matter until a future date. At the August 10,
1976, work session, Mayor Wilkinson asked that this resolution
be again placed on the agenda.
I asked Stan Case, our Electric Utility Director and recognized
leader and expert in the field of public power, to prepare a
position paper on this subject. Along with this position paper
is a xerox copy of the various scientists that speak out for
nuclear power and a statement of 32 scientists who signed an
energy manifesto including 11 Nobel Prize winners.
The proponents of nuclear energy or the opponents of Proposition
Three have asked for time to present their position. We have
also tried to notify the various people that were present at the
previous meeting about this being on the Council agenda.
107
It is the Administration's sincere opinion that the intelligent
safe and sane use of nuclear energy is critical and essential
to the future of our county. Certainly those in opposition ,
to the use of nuclear energy should be heard and their warnings
heeded. We have devised a nation and a style of living that
penetrates all areas of life based on high reliance on technology.
The severe energy crisis that will be with us in the foreseeable
future if positive steps are not taken. I personally feel it is
a City Council matter, especially when we are charged with the
responsibility of providing electrical energy to over 50,000
people, to speak out on this issue. Similar resolutions were
passed by a 7-0 vote in Loveland, by a 5-0 vote in Estes Park,
and a 5-1 vote in Longmont. Other cities and associations in
Northern Colorado that have signed resolutions urging a vote
against Proposition Three include the Homebuilders Association
of Northern Colorado, the Thompson Valley Chamber of Commerce,
the Windsor Town Board, the Milliken Town Board and the Johnstown
Town Board."
Mayor Wilkinson stated debate would be limited to one hour; one
half hour for those opposed to the resolution and one half hour
to those in favor of the resolution.
Speaking in opposition to the resolution and speaking for one
half hour was Jeffery V. Sutherland, Chairman, Coloradoans for
Safe Power.
Speaking in favor of the resolution were the following: '
1. Mr. Al Hamilton, Manager of the Platte River Power Authority
who introduced the following persons who spoke in support of
the resolution:
a. Dr. Beckman, Professor of Electrical Engineering at the
University of Colorado.
b. H.G. Olson, Professor of Mechanical Engineering, Colorado
State University.
c. Ward H. Fischer, 420 Jackson, Fort Collins,
d. Jim Valdez, member of the Local Union 68 I.B.E.W.
e. Manuel Pineda, a farmer in Larimer and Weld Counties.
Mayor Wilkinson then called for comments also limited to one half
hour.
Councilman Bloom made a motion, seconded by Councilman Russell
to adopt the resolution. Yeas: Councilmembers Bloom, Russell
and Wilkinson. Nays: Councilmembers Gray and Reeves.
108
RESOLUTION NO. 76-48
RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXPRESSING THE OPPOSITION OF THE CITY COUNCIL TO THE
PROPOSED NUCLEAR INITIATIVE
WHEREAS, the City of Fort Collins, Colorado and State of.Colorado
are dependent upon a vigorous, ongoing program of power development in
order to insure adequate supplies of useful energy necessary to support the
standard of living and the level of production we have come to expect; and
WHEREAS, one of the most promising ways of assuring that power in
the years ahead is through the continued use and expansion of clean, safe
and efficient nuclear power which has proved unquestionably reliable and safe;
and
WHEREAS, it is the development of our own resources wherein lies this
country's hope of achieving eventual self-sufficiency in the matter of fuel
supply; large-scale development of coal resources and uranium reserves
for nuclear power plants are the only two realistic approaches until at
least the year 1995; and
WHEREAS, the minimal environmental impact of nuclear power stations
points to the full and continued development of this type of electric genera-
tion as being a most highly desirable source of useable energy; and
WHEREAS, in the long term, generation of significant quantities of
electricity from other sources, such as solar energy and by nuclear fusion,
hold considerable promise, but a lengthy program of research and development
will be needed and at least 20 to 30 years of such development will be
required to bring these technologies to the point that commercial scale
installations are feasible. Although these programs should be pursued vigor-
ously, it should be recognized that they offer little prospect of helping to
solve the existing energy problems in this nation during the next 25 years,
and
109
WHEREAS, the Fort Collins City Council views with great disappoint-
ment and alarm the promotion of a nuclear initiative that could deter and
even strangle the development of this vital source of electrical energy and,
therefore, the progress of our city and state;
and
BE IT RESOLVED, by the Council of the City of Fort Collins, that.the
City Council hereby records its opposition to the nuclear initiative as a
shortsighted, regressive measure that will not promote the best interests
of the people of this state but will, in fact, work against the social and
economic well-being of the entire area in which we not only live but also seek
our livelihood; and
-- BE IT FURTHER RESOLVED that reasonable effort will be made by the City
Council to inform the general public of its position in this matter and
that the City Council sincerely presses for the overwhelming defeat of the ,
nuclear initiative by the people of Colorado when it is presented to them
at the polls on November 2, 1976.
Passed and adopted at the regular meeting of the City Council held
this 17th day of August, A.D. 1976.
yor
ATTEST:
r�
City Clerk
110
I
Creation of Downtown Improvement
District No. 1
Following is the City Manager's memorandum on this item:
"The Downtown Redevelopment Commission and staff have previously
recommended the creation of a special improvement district for
the purpose of constructing and financing the improvements to
College Avenue and the other public ways in the downtown area.
Attached is a recommendation from the Director of Engineering
Services which is required to begin implementing this special
improvement district. After the presentation of that recommenda-
tion, the adoption of the enclosed resolution initiating the
district will be in order. That resolution directs the City
Engineer to prepare the necessary estimates, plans and other
documents to consider for the district. In this case, these
plans have already been prepared by the landscape architects
who were retained by the Council for this purpose. Therefore,
the report of the Engineering Department is ready for presenta-
tion at this meeting. After this report is considered, the
adoption of the second resolution accepting the report and
scheduling the public hearing on the question of the formation„
of the districts will be in order.
The hearing date proposed is the same date on which the Council
will consider the formation of the general improvement district
for parking facilities. It is intended that both districts
will be conditioned on the formation of each other and on the
decision to finance the proposed bypass by revenues of the City
at large. This is in accordance with the previous recommendations
which have been made by the DRC and City staff."
Councilwoman Gray made a motion, seconded by Councilman Bloom
to receive the report of Engineering Services for the Special
ImprovementDistrict-Downtown Project. Yeas: Councilmembers
Bloom, Gray, Reeves and Wilkinson. Nays: None. (Councilman
Russell out of room.)
Councilman Bloom made a motion, seconded by Councilwoman Gray
to adopt the -resolution. Yeas: Councilmembers Bloom, Gray,
Reeves, Russell and Wilkinson. Nays: None.
ill
RESOLUTION 76-49
OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPT-
ING A RECOMMENDATION FROM THE DIRECTOR OF PUBLIC
WORKS REGARDING THE INITIATION OF A SPECIAL IMPROVE-
MENT DISTRICT, STATING THE NEED FOR, THE NATURE
OF, AND THE LOCATION OF THE IMPROVEMENTS TO BE
MADE, DESCRIBING THE AREA TO BE ASSESSED FOR THE
SAME, AND DIRECTING THE CITY ENGINEER TO PREPARE
AND PRESENT TO THE CITY COUNCIL THE NECESSARY
INFORMATION FOR THE FORMATION OF SAID DISTRICT
WHEREAS, the Director of Public Works has recommended
to the City Council that a special improvement district be
created for the purpose of.installing certain public improve-
ments in the City; and
WHEREAS, the City Council has received such recommenda-
tion and desires to continue with the formation of such
special improvement district.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE ,
CITY OF FORT COLLINS:
Section 1. That the recommendation of the Director of
Public Works is hereby received and accepted.
Section 2. The improvements to be constructed in the
District are improvements designed to improve the visual
appearance of streets and other public ways and to make such
streets and other public ways better accommodate pedestrian
and vehicular traffic within the District. Such improvements
will include construction and reconstruction of sidewalks,
curbs, gutters and streets; installation of planters and
landscaping; installation of canopies and benches in the
sidewalk areas; installation of plazas; installation of
street lighting, signalization for traffic; and other allied
improvements. Such improvements will be located on streets
in the District and principally upon College Avenue from the
vicinity of Magnolia Street to the vicinity of LaPorte
Avenue and extending along intersecting streets and Linden
Street. The need for such improvements is the need to
prevent deterioration of the aiea encompassed within the
district as the central core area of .the City of Fort Collins
to stabilize and increase property values and to achieve ■
better utilization of the commercial, business and residential
areas within the district.
112
1
Section 3. The City Engineer is hereby directed to
prepare and present to the Council the following:
A. Preliminary plans and specifications of the improve-
ments proposed.
B. An estimate of the total cost of such improvements,
including the cost of constructing the same, engineering,
legal and advertising costs, interest during construction
and until assessments are made by ordinance against the
properties benefited, and other incidental costs.
C. A map of the district to be assessed for the cost
of the improvements.
Section 4. Said improvement district shall be known as
Downtown Improvement District No. 1.
Passed and adopted at a regular meeting of the City
Council held this 17th day of August, 1976.
�1
ATTEST: ayor
City Clerk
Councilman Russell made a motion, seconded by Councilwoman Gray
to receive the report of the Director of Engineering Services
of Costs for Special Improvement District -Downtown Project.
Yeas: Councilmembers Bloom, Gray, Reeves, Russell and Wilkinson.
Nays: None.
City Clerk, Verna Lewis then read the resolution by title.
Councilwoman Reeves made a motion, seconded by Councilwoman Gray
to adopt the resolution. Yeas: Councilmembers Bloom, Gray, Reeves,
Russell and Wilkinson. Nays: None.
113
RESOLUTION 76-50
OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE
REPORT OF THE CITY ENGINEER ON THE ESTIMATES, COSTS AND
ASSESSMENTS FOR DOWNTOWN IMPROVE,',! DISTRICT NO. 1,
APPROVING THE DETAILS AND SPECIFICATIONS FOR SUCH
PROPOSED DISTRICT, DETERMINING THE AMOUNT OR PROPORTION
OF THE TOTAL COST TO BE PAID BY A METHOD OTHER THAN
ASSESSMENTS AGAINST PROPERTY IN THE DISTRICT, THE
NUMBER OF INSTALLMENTS AND THE TIME WITHIN WHICH THE
COST OF THE IMPROVEMENTS ASSESSED AGAINST PROPERTY IN
THE DISTRICT WILL BE PAYABLE, THE RATE OF INTEREST TO
BE CHARGED ON UNPAID INSTALLMENTS, THE PROPERTY TO BE
ASSESSED FOR THE IMPROVEMENTS, THE METHOD OF MAKING
SUCH ASSESSMENTS, AND THE DATE WHEN THE COUNCIL WILL
HOLD A HEARING AND CONSIDER THE ORDERING BY ORDINANCE
OF THE PROPOSED IMPROVEMENTS
WHEREAS, heretofore the City Council by resolution
directed the City Engineer to make a complete survey,of
proposed Downtown Improvement District No. 1, including the
preparation of a map, plans and specifications, and estimate
of cost of the improvements in said proposed district; and '
WHEREAS, the City Engineer has made his report and has
presented the details and specifications for the proposed
district.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Section 1. That the report, plans, specifications, map and estimate as presented by the City Engineer for said
district be and the same hereby are accepted and approved.
Section 2. The following amount or proportion of the
total cost of -such improvements shall be paid by the City at
large and not by assessments against property in the district,
to -wit: None.
Sectiort 3. The property to be assessed for the improve-
ments shall be as follows:, All property in the district, a
description of the boundaries of the district and the property
encompassed therein being attached hereto as "Exhibit A" and
by this reference made a part hereof.
Section 4. Assessments for the cost of installing the
improvements in the district will be made.as follows: The
property within the district shall be_'classified into five
zones to be designated as Zones 1, 2, 3, 4 and 5. The
114
property comprising each zone is descibed on „Exhibit Bf.
attached hereto and by this reference made a p
art her
The assessments to be made shall be made upon
all Of ortionthe
real estate in the district respectively in proportion
rp
as
the area of each piece of real estate in the district is t
exclusive
the area of all of the real estate in the district, exclusive
of streets and alleys, except that the area of each parcel
of real estate shall be adjusted based upon the zone in
which each parcel is located in accordance with the following:
FACTOR BY WHICH AREA
ZONE IS TO BE MULTIPLIED
1 1.00
2 0.70
0.30
3
3 0.15
5 0.08
The total adjusted area of the various parcels in the district
shall be considered as the total area of the district for
the.purpose of making assessments and each parcel shall be
assessed on the basis of its adjusted area.
Section 5. Said assessments shall be payable in ten
(10) equal annual installments, with interest on the unp id)
installments at the rate of not more than eight percent
per annum
Section 6. That the 21st day of September, 1976, at
the hour of 5:30 o'clock P.M., or as soon thereafter as the
matter may come on for hearing, in the Council Chambers of
the City Hall, City of Fort Collins, is the date on which
the Council of the City of Fort Collins
willcosider thear
he
ordering by ordinance of the proposedimprovements
all complaints and objections that may be made and filed in
writing concerning the proposed improvementsbytintereeted
rs
of any real estate to be assessed or an persons
generally.
Section 7. The City Clerk be and she hereby is directed
to give notice by publication and mailing to the owners of
property to be assessed and to all interested persons generally,
all as set forth in Chapter 16 of the Code of the City of
Fort Collins.
Passed and adopted at a regular meeting of the City
Council held this 17th day of. August, 1976.
ATTEST Mayor
;a�--'
City Clerk `
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EXHIBIT A
Description of Property within the District
Perimeter Description:
Beginning at the intersection of Maple and Meldrum, go
easterly on Maple to the intersection of Maple and
College; turn south-easterly onto Jefferson Street; and
proceed to the intersection of Whedbee and Jefferson;
turn southerly onto Whedbee and continue to the inter-
section of Oak and Whedbee; turn westerly on Oak Street
to the intersection of Oak and the north -south alley in
Block 152 bounded by Oak, Whedbee, Olive and Peterson;
turn southerly down said alley to the intersection of
the alley and Olive; turn west on Olive and continue to
the intersection of Olive and Peterson; turn south on
Peterson to the intersection of Peterson and the east -
west alley of Block 144 bounded by Magnolia, Peterson,
Mulberry and Mathews; turn west into said alley and
continue to the intersection with Mathews; turn south
on Mathews and continue to the intersection of Mathews
and Mulberry; turn west on Mulberry and continue to the
intersection of Mulberry and the north -south alley in
Block 94 bounded by Magnolia, Howes, Mulberry, and
Meldrum; turn north into said alley and continue to the
intersection with Magnolia; turn west on Magnolia and
continue to the intersection of Magnolia and Sherwood;
turn north on Sherwood and continue to the intersection
of Sherwood and Olive; turn east on Olive and continue
to the intersection of Olive and the north -south alley
of Block 82 bounded by Oak, Meldrum, Olive and Sherwood;
turn north on said alley and continue across Oak to the
southeast corner of the property owned by Ray and St.
Croix (the East 35 feet of Lots 9 and 10, Block 81 in
the City); turn west and continue along southern
property line of said property to the southwest corner,
turn north and continue along western property line of
said property and continue in a straight line to Mountain
Avenue; turn east on Mountain to the intersection of
Meldrum and Mountain; turn north on Meldrum to the
point of beginning;
Property Description
Blocks 83, 42, 41, 91, 92, 93,, 32, 31, 101, 102, 103,
104, 22, 21, 111, 112, 113, 114,.`121, 122, 123, 124,
131, 132, 133, 134, 141, 142, 143, 151, 11, 12, 13, 14,
18 and 19; ALSO the East 1/2 of Block 82, the East 1/2
of Block 81, the East 1/2 of Block 94, the West 1/2 of
Block 152 and the North 1/2 of Block 144; ALSO the East
35 feet of Lots 9 and 10, Block 81; all in the City of
Fort Collins, Colorado, according to Town Plat dated
January 16, 1873, and recorded January 18, 1873, in
the office of the Larimer County Clerk and Recorder.
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EXHIBIT B
Description of Zone 1:
Begin at the intersection of LaPorte Avenue and the
north -south alley of Block 21 bounded by LaPorte Avenue,
College Avenue, Mountain Avenue and Mason Street,
proceed east to the intersection of LaPorte Avenue and
College Avenue, turn southeast on Walnut and proceed to
the intersection of Walnut and the north -south alley in
Block 18 bounded by Walnut Street, Linden Street and
College Avenue, turn south into said alley and proceed
to the intersection of the alley and Trimble Court,
turn west on Trimble Court and proceed to a point
line with the eastern property line of the property
known as the Avery Block (30 feet east of the west line
of said block); turn south following such eastern
property line to the common line between Lot 6 and Lots
Z and J in said Block 18; turning in a southeasterly
direction and following said common line, proceed to a
point where an extension of said line intersects the
centerline of Linden Street; turn southwest on Linden
Street to the intersection of Linden Street and Mountain
Avenue and continuing along said line proceed to a
point which is north of a point 80 feet east of south
the
northwest corner of Lot 7 in Block 121; proceed
to said point and continue south across Lots 7, 8 and 9
of Block 121; turn west and proceed along the north
line of Ler_ 10 in Block 121 five feet; turn south and
proc-ed along a line which is 75 feet east of the west
line of Block 121 to the north line of Lot 12 in Block
121; turn east and proceed along the north line of Lot
11 in Block 121 to the centerline of the north -south
alley in Block 121; turn south along said alley and
continue south through Block 121 and 122 to the inter-
section with the centerline of Olive Street; turn west
on Olive Street and proceed to the north -south alley of
Block 112 bounded by Oak Street, College Avenue, Olive
Street and Mason Street; turn north on said alley,
cross Oak Street and continue northward to the inter-
section of said alley with the east -west alley in Block
Ill bounded by Mountain Avenue, College Avenue, Oak
Street and Mason Street; turn east on said east -west
alley to the intersection with the north -south alley
also in said Block Ill;,turn north and continue across
Mountain Avenue to the east -west alley of Block 21
bounded by LaPorte Avenue, College Avenue, Mountain
Avenue and.Mason Street; turn west and proceed to the
117
intersection of the east -west alley and the north -south
alley in said Block 21; turn north and proceed to the
point of origin at the intersection of the north -south
alley in Block 21 and LaPorte Avenue.
This zone contains the following described property, to -wit:
Lots 1 through 23, inclusive, in Block 21; Lots 1
through 16, inclusive, in Block 111; Lots 1 through 16,
inclusive, in Block 112; Lots 9 through 24, inclusive,
in Block 122; Lots 11 through 22, inclusive, and the
West 75 feet of Lot 10 and the West 80 feet of Lots 7,
8 and 9 of said Block 121; Lots 9 through 22, inclusive,
and Lots A, B, C, D, E, F, G, H, I, J and Z of Block
18; also that part of Lot 6 in Block 18 lying west of a
line parallel to the west line of said block and 30
foot easterly thereof; all in the City of Fort Collins
according to the map of said town dated January 16,
1873, and recorded January 18, 1873, with the Larimer
County Clerk and Recorder.
Description of Zone 2:
All property within the following described property:
Beginning at the intersection of Walnut Street and
Linden Street and proceeding southerly to a point which
is the intersection of the west line of Lot 13 in Block
19 in the City of Fort Collins and the right-of-way
line of Linden Street, and proceed southerly along the
west line of said Lot 13 and an extension of said line
southerly to the centerline of Magnolia Street; turn
west and proceed to the intersection of Magnolia Street
and Mason Street; turn north and proceed to the inter-
section of Mason Street and LaPorte Avenue; turn east
and proceed to the intersection of Walnut Street, Pine
Street, College Avenue and LaPorte Avenue; turn south-
easterly and proceed along Walnut Street to the point
of beginning; except any portion thereof previously
described as being within Zone 1.
This zone contains the following described property, to -wit:
Lots 7 and 8, and Lots 23*through 30, inclusive, in
Block 18, also all of Lot 6 in said Block 18 except
that portion lying west of a line which is parallel to
and 30 foot easterly of the west line of said Block 16;
MRV
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Lots 14 through 17, inclusive, in Block 19; Lots 1
through 6, inclusive, and Lots 23 through 32, inclusive,
in Block 121, also the East 60 foot of Lots 7, 8 and 9
and the East 65 feet of Lot 10, in said Block 121; Lots
1 through 8, inclusive, Block 122; all of Block 123;
all of Block 113; Lots 17 through 24, inclusive, Block
112; Lots 17 through 35, inclusive, Block 111; Lots 24
through 49, inclusive, Block 21; all in the City of
Fort Collins according to the map of said town dated
January 16, 1873, and recorded January 18, 1873, with
the Larimer County Clerk and Recorder.
Description of Zone 3:
Property bounded within the following perimeter, to -
wit: Commence at the intersection of Pine Street and
Jefferson Street and proceed in a southeasterly direction
along Jefferson Street to a point which is an extension
of the common line between Lots 13 and 15 in Block 13
in the City; thence turn southwesterly and proceed
along said line and the extension of said line south-
westerly to Walnut Strae, �r.nce turn southeasterly
and proceed along Walnu�_ street to the intersection of
Walnut Street with Mountain Avenue and Mathews Street;
' turn south and proceed on Mathews Street to the inter-
section with the east -west alley in Block 131 bounded
by Mountain Avenue, Mathews Street, Oak Street and
Remington Street; turn west and proceed to the inter-
section of the north -south alley in said Block 131;
turn south and proceed along said alley continuing
through Blocks 132, 133 and 134 to the intersection of
said alley with Mulberry Street; turn west and proceed
to the intersection of Mulberry Street and Mason Street;
turn north and proceed to the intersection of Mason
Street and Magnolia Street; turn west and proceed to
the intersection of Magnolia Street with Howes Street;
turn north and proceed to the intersection of Howes
Street with LaPorte Avenue; turn east and proceed to
the intersection of Laporte Avenue with Mason Street;
turn north and proceed to the intersection of Mason
Street with Maple Street; turn east and proceed to the
intersection of Mason Street, College Avenue and Jefferson
Street; turn southeasterly and proceed on Jefferson
Street to the point of beginning; except that portion
thereof previously described as being within Zones 1 or
2.
This zone contains the following described property, to -wit:
All of Block 19 extent Lots 14 through 17, inclusive;
Lots 1 through 22, inclusive, of Block 131; Lots 9
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through 16, inclusive, of Block 132; the West 1/2 of
Block 133; Lots 9 through 16-, inclusive, of Block 134;
all of Blocks 124, 114, 103, 102, 101, 31, 22, and 14;
and Lots 15 and 16 of Block 13; all in the City of Fort
Collins according to the map of said town dated January
16, 1873, and recorded January 18, 1873, with the
Larimer County Clerk and Recorder.
Description of Zone 4:
Commence at the intersection of Pine Street and Jefferson
Street and proceed in a southeasterly direction along
Jefferson Street to a point which is an extension of
the common line between Lots 13 and 15 in Block 13 in
the City; thence turn southwesterly and proceed along a
the common line between Lots 13 and 15, Block 13,
continuation of that line to Walnut Street; then turn
and proceed along Walnut Street to the intersection of
Walnut Street with Mountain Avenue and Mathews Street;
then turn and proceed south along Mathews Street to the
east -west alley in Block 141 bounded by Mathews Street,
Peterson Street, Mountain Avenue and Oak Street; then
turn and proceed east on said alley through Block 141
and Block 151 to the intersection with Riverside Drive;
then turn and proceed northwesterly along Riverside
Drive and continue along Jefferson Street to the point
of beginning, also beginning at the intersection of
Mason Street and Maple Street and proceed south on
Mason Street to the intersection of LaPorte Avenue;
then turn and proceed west to the intersection of
LaPorte Avenue and Howes Street; then turn and proceed
south to the intersection of Howes Street and Magnolia
Street; then turn and proceed east to the intersection
of Magnolia Street and Mason Street; then turn and
proceed south to the intersection of Mason Street and
Mulberry Street; then turn and proceed west to the
intersection of Mulberry Street and the north -south
alley in Block 94 bounded by Meldrum Street, Magnolia.
Street, Howes Street and Mulberry Street; then turn and
proceed north to the intersection of that a11ey. with
Magnolia Street; then turn and proceed west"to:the
intersection of Magnolia Street and Sherwood:Street;
then turn and proceed north to the intersection of
Sherwood Street and Olive Street;" then turn and proceed
east to the intersection of Olive Street and the north
-
,south alley in Block 82 bounded by Olive Street, Meldrum
Street, Oak Street and Sherwood Street; then turn and
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proceed north through Block 82 to the middle of Block
81 bounded by Oak Street, Meldrum Street, Mountain
Avenue and Sherwood Street; then turn and proceed west
along the south line of the property belonging to Ray
and St. Croix described as the East 35 feet of Lots 9
and 10, in said Block 81, to the southwest corner of
said property; then turn and proceed north along the
west line of said property to Mountain Avenue; then
turn and proceed east to the intersection of Mountain
Avenue and Meldrum Street; then turn and proceed north
to the intersection of Meldrum Street and,Maple Street;
then turn and proceed east on Maple Street to the point
of beginning.
This zone contains the following described property, to -wit:
All of Block 13 except Lots 15 and 16; all of Block 12
and 11; Lots 17 through 22, inclusive, of Block 151;
Lots 1 through 15, inclusive, of Block 141; all of
Blocks 32, 42, 41, 91, 92, 93, 104, and 83; the East
1/2 of Lot 94; Lots 1 through 4, inclusive, of Block
82; Lots 1 through 8, inclusive, of Block 81; and the
East 35 feet of Lots 9 and 10, in said Block 81; all in
Fort Collins according to the map of said town dated
January 16, 1873, and recorded January 18, 1873, with
the Larimer County Clerk and Recorder.
Description of zone 5:
Begin at the intersection of Riverside Drive and the
east -west alley in Block 151 bounded by Mountain Avenue,
Riverside Drive, Whedbee Street, Oak Street and Peterson
Street and proceed south to the intersection of Whedbee -
Street and Oak Street; then turn and proceed west to
the intersection of Oak Street and the north -south
alley in Block 152 bounded by Whed.e,; :=reet, Olive
Street, Peterson Street and Oak Street; then turn and
proceed south to the intersection of such alley and
Olive Street; then turn and proceed west to the inter-
section of Olive Street and Peterson Street; then turn
and proceed south to the intersection of Peterson
Street and the east -west alley in Block 144 bounded by
Mulberry Street, Peterson Street, Magnolia Street and
Mathews Street; then turn and proceed west to the
intersection of such alley and Mathews Street; then
turn and proceed south to the intersection of Mathews
Street and Mulberry Street; then turn and proceed west
to the intersection of Mulberry Street and the north -
south alley in Block 134 bounded by Magnolia Street,
121
Mathews Street, Mulberry Street and Remington Street;
then turn and proceed north on said alley through
Blocks 134, 133, 132 and part of 131 to the intersection
of the east -west alley in said Block 131 bounded by
Mountain Avenue, Mathews Street, Oak Street and Remington
Street; then turn and proceed east to Mathews Street;
then proceed southeasterly across Mathews Street to the
east -west alley in Block 141 bounded by Oak Street,
Peterson Street, Mountain Avenue and Mathews Street;
then proceed east on said alley through Blocks 141 and
151 to the point of beginning.
This zone contains the following described property, to -wit:
Lots 9 through 16, inclusive, Block 151; Lots 16 through
25, inclusive, Block 141; Lots 23 through 27, inclusive,
Block 131; Lots 1 through 8, inclusive, Block 132; Lots
1 through 8, inclusive, Block 133; Lots 1 through 8,
inclusive, Block 134; Lots 1 through 5, inclusive,
Block 144; Lots 5 through 12, inclusive, Block 152; and
all of Blocks 142 and 143; all in the City of Fort
Collins according to the map of said town dated January
16, 1873, and recorded January 18, 1873, with the
Larimbr County Clerk and Recorder.
Resolution Adopted Creating a General Improvement '
District Pursuant to Ordinance No. 45, 1976
Following is the City Manager's memorandum on this item:
"At its August 10, 1976, work session the City Council received
a final report from the Administration on the proposed improve-
ments of this general improvement district for the Downtown
Redevelopment Project.
The general improvement district is for the acquisition of property
and development thereon of parking facilities. There will be
provisions made for payments to property owners for maintaining
existing parking areas.
This resolution.is the first step in the legal requirements to
establish this district. There will be a public hearing on this
subject on September 21, 1'976, at 5:30 p.m. After, the public
hearing there will be the necessary ordinance creating the district.
Preston Davis, 1004 Comanche Drive; stated he wished to be assured
that the residences will receive notice; City Attorney March
stated -they would be notified.
Councilwoman Gray made a motion, seconded by Councilman Bloom to
adopt the resolution. Yeas: Councilmembers Bloom, Gray, Reeves,
Russell and Wilkinson. Nays: None.
122
RESOLUTION 76-51
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH THE INTENT OF THE CITY COUNCIL
TO CREATE A GENERAL IMPROVEMENT DISTRICT
PURSUANT TO ORDINANCE NO. 45, 1976
WHEREAS, heretofore the City of Fort Collins caused a
study to be made by Barton-Aschman Associates, Inc., of the
downtown area of the City; and
WHEREAS, such study was completed and received by the
City Council; and
WHEREAS, after public hearings on the report of Barton-
Aschman Associates, Inc., the City Council determined to
implement the recommendations contained in such report; and
WHEREAS, thereafter the City Council created the Downtown.
Redevelopment Commission for the purpose of developing a
program to implement the recommendations of the Barton-
Aschman study and also employed The Joint Venture of EDAW,
Inc. and Johnson, Johnson & Roy, Inc., landscape architects,
to develop plans to implement such recommendations; and
WHEREAS, the architects have completed the design
development stage for the project and the Downtown Redevelop-
ment Commission has considered the plans developed by the
architects and has held public hearings and made its report
to the City Council; and
WHEREAS, concurrently and in conjunction with the other
studies, the City Administration has also conducted studies
and has made a further report and recommendation on this
subject to the City Council; and
WHEREAS,. the City Council desires to continue the
project of renovating and redeveloping the downtown area of
the City; and
WHEREAS, the reports to the City Council include a
recommendation for the formation of a general improvement
district in order to acquire and construct the parking
facilities needed for the i.mprovement'of the downtown area
of the City; and
WHEREAS, the City Council desires to pursue such recom-
mendations and to take the necessary steps to form such
district.
123
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
1. Pursuant to the provisions of Ordinance No. 45,
1976, the City Council hereby declares its intent to form a
local improvement district for the purpose of acquiring
property and constructing thereon parking facilities to
serve the area encompassed within the boundaries of the
proposed district.
2. The estimated cost of the proposed improvements to
be acquired and constructed in the district is One Million
One Hundred Thousand Dollars ($1,100,000.00).
3. The name of the proposed district shall be City of
Fort Collins General Improvement District No. 1.
4. The boundaries of the proposed district are as
follows:
Beginning at the intersection of Maple and Meldrum, go
easterly on Maple to the intersection of Maple and
College; turn south-easterly onto Jefferson Street; and
proceed to the intersection of Whedbee and Jefferson;
turn southerly onto Whedbee and continue to the inter-
section of Oak and Whedbee; turn westerly on Oak Street '
to the intersection of Oak and the north -south alley in
Block 152 bounded by Oak, Whedbee, Olive and Peterson;
turn southerly down said alley to the intersection of
the alley and Olive; turn west on Olive and continue to
the intersection of Olive and Peterson; turn south on
Peterson to the intersection of Peterson and the east -
west alley of Block 144 bounded by Magnolia, Peterson,
Mulberry and Mathews; turn west into said alley and -
continue to the intersection with Mathews; turn south
on Mathews and continue to the intersection of Mathews
and Mulberry; turn west on Mulberry and continue to the
intersection of Mulberry and the north -south alley in
Block 94. bounded by Magnolia, Howes, Mulberry, and
Meldrum; turn north into said alley and.continue to the
intersection with Magnolia; turn west on Magnolia and
continue to the intersection of Magnolia and Sherwood;
turn north on Sherwood and continue to the intersection
of Sherwood and Olive; turn east on Olive and continue
to the intersection of Olive and the north -south alley
of Block 82 bounded by Oak, Meldrum, Olive and Sherwood;
turn north on said alley and continue across Oak to the
southeast corner of the.property owned by Ray and St.
Croix (the.East 35 feet of Lots 9 and 10, Block 81 in
the City); turn west and continue along southern
property line of said property to the southwest=corner,
turn north and continue along western property`1'ine of
124
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said property and continue in a straight line to Mountain
Avenue; turn east on Mountain to the intersection of
Meldrum and Mountain; turn north on Meldrum to the
point of beginning;
and consists of the following described property:
Blocks 83, 42, 41, 91, 92, 93, 32, 31, 101, 102, 103,
104, 22, 21, 111, 112, 113, 114, 121, 122, 123, 124,
131, 132, 133, 134, 141, 142, 143, 151, 11, 12, 13, 14,
18 and 19; ALSO the East 1/2 of Block 82, the East 1/2
of Block 81, the East 1/2 of Block 94, the West 1/2 of
Block 152 and the North 1/2 of Block 144; ALSO the East
35 feet of Lots 9 and 10, Block 81; all in the City of
Fort Collins, Colorado, according to Town Plat dated
January 16, 1873, and recorded January 18, 1873, in the
office of the Larimer County Clerk and Recorder.
5. September 21, 1976, at 5:30 P.M., or as soon there-
after as the matter may come on for hearing before the City
Council in the Council Chambers, City Hall, 300 LaPorte
Avenue, Fort Collins, Colorado, is hereby established as the
date, time and place for a hearing on the creation of the
proposed district. The City Clerk is hereby directed to
give notice of such hearing by publication of the notice
attached hereto and mailing of the same to each registered
elector of the district in the manner required by C.R.S.
1973, Section 31-25-606.
Passed and adopted at a re lar meet
Council held this day ofUA
ATTEST'
City Clerk
125
of the City
1976.
Doctor's Center Subdivision
Second Filing Final Plat Approved
Following is the City Manager's memorandum and recommendation
on this item:
"The First Filing of the Doctor's Center Subdivision consists
of 2.6 acres zoned R-H, High Density Residential District
located on the south side of East Elizabeth Street between Luke
Street and Patton Drive._ The petitioner proposes to construct
four new medical office buildings on the site. This is techni-
cally a replat of parts of the Humphrey Medical Center Subdivi-
sion and of lot 1 of the East Elizabeth Subdivision. At its
June 7, 1976, meeting the Planning and Zoning Board recommended
for approval subject to the revisions of the plat as recommended
by the staff. All the deficiencies as listed by the planning
staff have now been complied with.
Recommendation: The Administration recommends that the City
Council approve the final plat of the Doctor's Center Subdivision,
First Filing, which is technically a replat of parts of Humphrey
Medical Center Subdivision and of Lot 1 of the East Elizabeth
Subdivision."
Councilman Bloom made a motion, seconded by Councilwoman Cray
to approve the Doctor's Center Subdivision, Second Filing, '
Final Plat. Yeas: Councilmembers Bloom, Cray, Reeves and
Wilkinson. .Nays: None. (Councilman Russell out of room.)
Sole Source Purchase of Switchgear
Equipment for Substation 200 Approved
Following is the memorandum from the Director of Utilities on
this item:
"Requisition #301-4510 is for additions at Substation 200 which
are necessary in order to increase circuit availability. The
additions are to include a tie panel necessary for future
additions, a'feeder panel to provide more distribution circuits,
3 - 3 foot sections to be added to our existing metal building,
and necessary relaying and metering to provide protection for
new and existing circuits.
We present for Council action the purchase of the above items and
recommend that a Purchase Order be issued to Westinghouse Electric
Corporation, 55 West Fifth Avenue, Denver, Colorado 80204 for
these additions. Westinghouse is the manufacturer of the existing
switchgear and should be given the order for the following reasons:
126
a) Matching of the existing switchgear line-up by another
manufacturer would require special work and design by
the manufacturer which would be difficult and costly.
b) The additional relaying required will have to be
integrated into the existing relaying. Another manu-
facturer would require much time and expense to become
familiar with the existing relaying.
c) The additions will require much coordination between
the City and the manufacturer. Coordination will be
facilitated by manufacturer familiarity with the existing
switchgear panels.
The amount quoted by Westinghouse for the additions is $50,693
plus escalation."
Councilwoman Gray made a motion, seconded by Councilwoman Reeves
to approve the sole source purchase of switchgear equipment for
Substation 200. Yeas: Councilmembers Bloom, Gray, Reeves and
Wilkinson. Nays: None. (Councilman Russell out of room.)
Other Business
Resolution Adopted Authorizing the City Manager to
' Execute the Application for Disaster Assistance
City Clerk Verna Lewis read the resolution at length.
Councilwoman Gray made a motion, seconded by Councilman Bloom
to adopt the resolution. Yeas: Councilmembers Gray, Reeves,
and Wilkinson. Nays: Councilman Bloom. (Councilman Russell
out of room.)
127
RESOLUTION,76-52
OF THE COUNCIL OF THE CITY.OF FORT COLLINS
DESIGNATING THE CITY MANAGER AS THE CITY'S LOCAL
AGENT TO EXECUTE AN APPLICATION TO THE STATE AND TO
THE FEDERAL DISASTER ASSISTANCE ADMINISTRATION, DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT
BE IT RESOLVED by the City Council of the City of Fort Collins,
Colorado, that Robert L. Brunton, City Manager, Fort Collins, Colorado,
is hereby authorized to execute for and in behalf of the City of Fort
Collins, a public entity established under the laws of the State of
Colorado, this application and to file it in the appropriate State
office for the purpose of obtaining certain Federal financial assis-
tance under the Disaster Relief Act (Public Law 288, 93rd Congress)
., or otherwise available from the President's Disaster Relief Fund.
That the City of Fort Collins, a public entity established under
the laws of the State of Colorado, hereby authorizes its agent to
provide to the State and to the Federal Disaster Assistance Administra-
tion (FDAA), pertaining to such Federal disaster assistance the assurances
and agreements required by the disaster relief authority. '
Passed and approved this 17th day of August, A.D., 1976.
4
Mayor
ATTEST:
City Clerk
128
Mayor Wilkinson requested the Administration report on the
City's policy on refunding Utility Deposits. City Manager
Brunton stated the Administration would report on this item.
Adjournment
Mayor Wilkinson then declared the meeting adjourned to
August 24, 1976 at 1:30 P.M.
The meeting was declared adjourned at 10:20 P.M.
ATTEST:
r
Ci Clerk
129