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HomeMy WebLinkAboutMINUTES-09/05/1974-RegularSeptember 5, 1974 ' 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 Thursday, September 5, 1974 at 5:30 P.M. in the Council Chambers in the City Hall. Mayor Fead called the meeting to order and roll call was answered by Council members Bowling, Fead, Gray, Reeves, Russell and Wilkinson. Absent: Councilwoman Preble. Staff members present: Brunton, DiTullio, Bingman, Rodenbeck, Myatt, y Parsons and Lewis. x �j Minutes of Regular meeting of August 15, U 1974 Approved ;Q Mayor Fead stated copies of the minutes had been received. Hearing no corrections, he stated the minutes stood approved as published. Ordinance adopted on second reading Vacating Certain Easements in Drake Park Subdivision Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 47, 1974 on second reading. Yeas: Council members Bowling, Fead, Gray, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO. 47, 1974 BEING AN ORDINANCE VACATING A PORTION OF AN EASEMENT IN DRAKE PARK, A SUBDIVISION IN THE CITY OF FORT COLLINS WHEREAS, the owners of the property which the same crosses have requested that a portion of an easement in Drake Park, more particularly described below, be vacated, and WHEREAS, such easement was originally taken for the purpose of the instal- lation of utilities, and WHEREAS, no utilities have been placed in the portion of the easement to be vacated, and the owners of such property have provided an alternate easement for the installation of such utilities, and WHEREAS, the portion of the easement to be vacated is not needed for municipal purposes, nor will the same be needed in the future for municipal purposes, and WHEREAS, the rights of the residents of the City of Fort Collins will in no way be prejudiced by the vacation of said easement. ' NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the following described portion of an easement in Lot 3 of Drake Park, a Subdivision in the City of Fort Collins, Colorado, to -wit: 76 n 7'7 Considering the most westerly line of said Lot 3 as bearing North 00°00100" East and with all bearings herein relative thereto com- mence at the most southerly corner of said Lot 3, thence North 45° 00100" East 6.00 feet; thence North 45000100" West 6.00 feet to the true point of beginning; thence North 45000'00" 142.13 feet; thence North 00000100" East 5.66 feet; thence along the North line of an existing easement South 45000' East 146.13 feet; thence South 45° 00' West 4.00 feet to the true point of beginning; be, and the same hereby is, abolished, vacated and abated. Introduced, considered favorably on first reading, and ordered published this fifteenth day of August, A. D. 1974, and to be presented for final passage on the fifth day of September, A. D. 1974. ATTEST: wand ado on final reading this fifth day of September, A. D. 1974. ATTEST: /s/ Verna Lewis City Clerk /s/ J. W. N. Fead ' Mayor First reading: August 15, 1974 CVote: Yeas: 6, Nays: 0) Second reading: September 5, 1974 CVote:. Yeas: 6, Nays: 0) Published: August 20 and September 10, 1974 Attest: (/��� o City C1 rk Ordinance adopted on first reading relating to Amending the Zoning Ordinance Director of Community Development, Roy A. Bingman, stated this was a request by the Drake Park Development at Drake Road, to allow barber shops in the RH zone. This item has beer. before the Planning and Zoning Board. Acting City Planner, Ted Rodenbeck, spoke to the staff investigation in allowing personal services, such as barber shops and beauty parlors in the RH zone. Councilwoman Reeves expressed concern relating to laundry and dry cleaning establishments, terming them auto related businesses. Councilman Bcwling stated it was the intent of the suggested change to keep the personal services in a neighborhood. n 11 1 77 r� c 1 Director of Community Development, Roy A. Bingman, stated this possibility had been considered but it was felt it would be a situation that would create a lot of traffic. Councilwoman Gray made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 48, 1974 on first reading. Yeas: Council members Bowling, Fead, Gray, Reeves, Russell and Wilkinson. `' Nays: None. CV 00 Ordinance adopted on first reading amending t.) the City's Dog Ordinance W City Manager Brunton stated there were some minor changes to clarify the ', situation about disturbing the peace (barking dogs) and a change that I Police officers T�y impound animals running at large. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. .49, 1974 on first reading. City Manager Brunton stated that at the work session of the Council, the retention of the one year rabies innoculation had been discussed; rather than a three year vaccination. Councilman Bowling made a motion, seconded by Councilman Russell, that Council retain the one year requirement on vaccination. Yeas:, Council members Bowling, Gray, Reeves and Russell. Nays: Councilmen Fead and Wilkinson. Mayor Fead stated he is opposed to anything that is done simply for easy regulation. I Ordinance adopted on first reading zoning the klorsetooth South Third Annexation i City Manager Brunton reviewed the staff recommendation .for RP zoning as Opposed to the Planning and Zoning Board recommendation for BP zoning. Councilman Wilkinson algain spoke in favor of the BP zoning, adding that a buffer was needed between the Highway Business 11B and the residential area. Councilman Bowling stated this BP zoning is consistent with Council's already stated policy on the South College Plan. Councilwoman Gray expressed her concern that the County Commissioners may not "do along" with the plan. Councilwoman Reeves stated Council ' could rezone from RP to BP when the area was decided upon. Attorney Gene Mitchell spoke to the problems of the developers if they accepted any zoning, knowing they would ask for rezoning. 7zs 79 Councilman Wilkinson nude a motion, seconded by Councilman Bowling, to ' amend the Ordinance by striking RP, Planned Residential District and substituting BP, Planned Business on Page 2 of the Ordinance. Yeas: Council members Bowling Fead, Russell and Wilkinson. Nays: Councilwomen Gray and Reeves. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 50, 1974 on first reading, as amended. Yeas: Councilmen Bowling, Fead, Russell and Wilkinson. Nays:, Councilwomen Gray and Reeves. Consideration of objection of West Fort Collins Water District to Water Rate Increase rescheduled to October 3, 1974 City Manager Brunton stated Attorney Alden V. Hill could not attend this evenings meeting; therefore, this would be rescheduled to October 3, 1974 at his request. No further action taken on this item. Christmas decoration project on College Avenue denied ' Earlier this year the Downtown Merchants Association notified the City that they would no longer be in a position to provide the Christmas decorations on College. The City Council referred this master to the Fort Collins Area Chamber of Commerce. Merle Goddard, President of the Chamber of Commerce, appeared before the City Council at its August 22, 1974 Work Session. Mr. Goddard said this matter had been discussed by the Chamber Board. The Chamber Board felt they were not in a posi- tion to participate in a Christmas decoration program. In the first place, they have no funds earmarked for this project; and, also, the Chamber serves all of the business community in the City, not just the ones in the downtown area. If they did participate, they would have to give equal treatment to all of these aforementioned business areas. After some discussion, the City Council decided that since the nMA and Chamber of Commerce both said they cannot financially participate in this project, that the City could not take over the entire project. Councilman Russell made a motion, seconded by Councilman Wilkinson, that the Council deny the request of the Downtown Merchants Association to provide Christmas decorations on College Avenue and instruct the Admin- istration to notify.the DMA in writing, as to this decision. Yeas: Council members Bowling, Fead, Gray, Reeves, Russell and ' Wilkinson. Nays: None. �y - 1 1 1 Charles Bowling appointed as alternate and official representative to DT2 Steering Committee At its August 29, 1974 Work Session, the Mayor discussed his role on the DT2 Steering Committee. The Mayor is designated as the official member of the Steering Committee of DT2. Because of his work schedule, the Mayor indicated that he could not attend these meetings. He, therefore, said that he would like'to appoint Charles Bowling, Council member, as his official alternate. Councilman Russell made a motion, seconded by Councilwoman Reeves, that Council approve the appointment of Charles Bowling.to serve as alternate and official representative to DT2 Steering Committee and that appropriate reports be made after each meeting to the Council. Yeas: Councilmembers Bowling, Fead, Gray, Reeves, Russell and Wilkinson. Nays: None. Request of Triangle Review to perform the City's Legal Advertising schedule for September 19, 1974 City Manager Brunton stated an opinion from the City Attorney had been received in which he recommended the following: "it is our recommendation that the City Clerk and the Purchasing Agent analyze the legal advertising requirements of the City and make a deter- mination whether such requirements can reasonably be satisfied by a weekly newspaper which is distributed on the date the Triangle Review is distrib- uted. If it is determined that the City's requirements cannot be satisfied by such newspaper, then the procedure set forth in the ordinance for sole source justification should be followed. In the event it is determined that such newspaper will meet the City's needs it is cur recommendation that specifications for the publication of legal adver- tising be drawn and the matter be submitted to bids by both newspapers." Mr. Don MoMillen inquired into the Purchasing Ordinance requirements. Assistant City Attorney Myatt responded to the inquires. This matter will again be placed on the agenda for the September 19, 1974 meeting. Nine -Month Progress Report on Implementation of Police Study Reviewed City Manager Brunton stated this would be discussed at the Budget.Hearings with the Police Department. Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to receive the report. Yeas: Council members Bowling, Fead, Gray, Reeves, Russell and Wilkinson. Nays: None. $0 Recommendation of the Administration approved ' on Bids on Water Main Improvement District No. 6 City Manager Brunton stated the City had earlier bid the major 12" pipe on hand. Director of Community Development, Roy A. Bingman, stated only two bids were received after sending out a large number of invitations to bid. One bid is apparently too high and one too low. City Engineer, Don Parsons, summar:.zed the bids and the City Engineer's estimate. Councilman Wilkinson inquired into where the patching would. be required. City _Engineer, Don Parsons, responded and added that the bid price is higher with patching. Councilwoman Reeves inquired if the City could advertise for bids with a paving alternate. City Engineer, Don Parsons, reviewed the staff decision to accept the bid of Iverson Construction Company. If he precedes with his intent of pulling out and forfeiting his bid cash deposit, it is recommended that the City readvertise immediately for the project. Recommendation: The Administration recommnends that the bid for instal- ling the water main in connection with Water Main Improvement District No. 6 be awarded to the Iverson Construction Company for the sum of ' $24,825. The Administration further recommends that if the Iverson Construction decides, as previously indicated, that they will not execute the contract, that the City immediately readvertise this project. Councilman Bowling made a motion, seconded by Councilwoman Gray, to approve the above recommendation of the Administration. Yeas: Council members Bowling, Fead, Gray, Reeves, Russell and Wilkinson. Nays: None. Final Site Plan for the property at 2633 South College Avenue Denied Director of Community Development, Roy A. Bing win, stated this item had been presented to Council previously on the question of whether or not there should be a frontage road dedicated on this property. The informal reply of the Council was that there should be a frontage road dedicated at the property in keeping with the policy. The developers have now proposed a frontage road configuration which differs from the standard configuration in that area. The plan includes a continuous curb cut with pull -in parking immediately off the frontage road on one side. Attorney William Allen, representing Mr. Walters, spoke in favor of the I plan. Mr. Clarence Walters presented slides of the area. IF Director of Community Development, Roy A. Bingman, stated there was a joint curb cut, half on Hurrays and half on the Walter's property; that question should be addressed also, the staff feels that should be closed off. Councilwoman Reeves made a motion, seconded by Councilman Russell, that this plan be required to develop the standard frontage road as it is required for new developments. Yeas: Council members Bowling, Fead, Gray, Reeves, Russell and Wilkinson. Nays: None. ,y Resolution adopted approving an Agreement 00 with the Colorado and Southern Railway Company City Manager Brunton stated this was a routine agreement to obtain a water main to Evergreen Park. . W Councilman Russell made a motion, seconded by Councilwoman Reeves, to adopt the resolution. Yeas: Council members Bowling, Fead, Gray, Reeves, Russell and Wilkinson. Nays: None. RESOLUTION 74-76 I OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH THE COLORADO AND SOUTHERN RAILWAY COMPANY WHEREAS, in connection with the installation of a water line for the City's water utility, it is necessary that the City of Fort Collins acquire from the Colorado and Southern Railway Company a license to install a water line within the right of way of said railway company; and WHEREAS, an agreement granting said license has been prepared and presented by the Colorado and Southern Railway Company, which agreement has been reviewed by the City Manager and the City Attorney and approved by them; and WHEREAS, the City Council desires to approve said agreement and authorize its execution. 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 Mayor 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. N Passed and adopted at held this 5th day of September, ATTEST: City Clerk a regular meeting of the City Council A.D. 1974. 1 Second reading of Ordinance designating the Avery House Carriage House as an Historic Landmark Tabled" " City Manager Brunton stated the Administration was recommending this be tabled. Approval of the 180 day provision had not been received from the property owners. Councilman Russell made a motion, seconded by Councilwoman Reeves, to table the second reading of Ordinance No. 45, 1974 until written per- I mission had been obtained. Yeas: Council members -Bowling, Fead, Gray, Reeves, Russell and Wilkinson. Nays: None. Citizen Participation 1. Valerio Miranda, 323 North Howes, read from a proposed proclamation in which Mayor Fead _declared September 14, 15 and 16 as Chicano Awareness Days and urged the Cormmunity to participate in the various festivities of the September 16th Committee. Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to approve the proclamation. Yeas: Council members Bowling, Fead, Gray, Reeves and Wilkinson. (Couancilnwn Russell out of room) Nays: None. 2. Carl. Maxey from Lincoln Junior High School, representing himself and a few other students, inquired into the following: (a) Construction and color of the new swimming pool. (b) Rates to be charges at the pool. (c) Parking in downtown. , City Manager" Branton responded to the inquires. 83 FY 1 CV 00 Lf r U W W 1 3. Mr. Alex Fritzler, 312 Gordon, inquired into possible relief for people on fixed incomes. City Manager Brunton responded by enumerating the tax rebates given to senior citizens, the deferred payments made on improvement districts, transportation, etc. Mayor Fead stated Council is interested in finding ways of solving some of these problems and if Mr. Fritzler had some suggestions of a specific nature, he felt they should be transmitted to the City Manager's office so that they might be considered. . Paul's Lighting recipient of the Merchant of the Month Award Assistant Fire Chief, Don Hisam, presented the award to Mr. Ron Malara of Paul's Lighting for their efforts in Fire Prevention. Report of Bicentennial Community Award City Manager Brunton stated the DT2 Bicentennial Committee has tentatively established the award ceremony during the Fort Collins, Poudre Football game on September 20, 1974. No further action taken on this item. Resolution adopted making Findings and Determinations concerning Storm Sewer Improvement Distrht No. 15 and terminating said District. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to adopt the resolution. Yeas: Council members Bowling, Fead, Gray, Reeves, Russell and Wilkinson. Nays: None. RESOLUTION 74-77 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS AND DETERMINATIONS CONCERNING STORM SEWER IMPROVEMENT DIS- TRICT NO. 15 AND TERMINATING SAID DISTRICT WHEREAS, heretofore the City initiated proceedings to establish pro- posed Storm Sewer Improvement District No. 15, and WHEREAS, at the public hearing held pursuant to Ordinance for the pur- pose of considering the establishment of said District and ordering the proposed improvements various objections were raised by persons interested in the proposed District, and WHEREAS, further hearings were held by the City Council and the City Administration in an attempt to resolve the difficulties presented, and WHEREAS, additional information has been obtained through said public based the same the City Engineer has revised the plans and ' hearings and upon specifications for the proposed District, and the same have been presented to the City Council, and the City Council is familiar with the same, and WHEREAS, it appears to the City Council that the revised plans and specifications constitute a substantial change which necessitates the terminat- ing of proceedings under said proposed Storm Sewer Improvement District No. 15. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: 1. The City Council hereby finds and determines that the revised plans and specifications presented by the City Engineer are an improvement over the original plans and it is the opinion of the City Council that such revised plans will better accomplish the purposes of the District at less cost. 2. The City Council further finds and determines that the revised plans and specifications presented by the City Engineer represent a substantial change in the District, which change cannot be made at this time because of the provisions of Section 16-9 of the Code of the City of Fort Collins. 3. All proceedings under said Storm Sewer District No. 15 are, therefore, terminated. Passed and adopted at a regular meeting of the City Council held this fifth day of September, 1974. 9 ' ATTEST: G City Clerk Resolution adopted accepting report of the irector of Public Works on Storm Sewer Improvement District No. 16 Councilman Wilkinson inquired if the hospital was to be excluded from the district? Director of Community Development, Roy A. Bingman, stated the recommendation was that pending a complete agreement and working out the problem with the ditch, they will remain in the district. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to adopt the resolution. Yeas: Council members Bowling, Fead, Gray, Reeves, Russell and Wilkinson. Nays: None. I v85 1 1 1 \ RESOLUTION 74_78 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. That the improvements to be constructed are the following: the installation of storm sewer lines and that such improvements are needed in order to provide storm drainage for property in the District Section 3. The location of the improvements to be made is as follows: within the District as necessary to collect i and transport storm drainage waters and outside the District as needed to carry the same to a major drainage way. The boundaries of the District are described on the attached U ..Exhibit A. Section 4. The City Engineer is hereby directed to prepare and present to the Council the following: A. Preliminary plans and specifications of the improve- ments proposed. B. An estimate of the total cost of such improvements, including the cost of constructing the same, engineering, legaland advertising costs, interest during construction and until assessments are made by ordinance against the properties benefited, and other incidental costs. C. A map of the district to be assessed for the cost of the improvements. Section 5. Said improvement district shall be known as Storm Sewer Improvement District No. 16. Passed and adopted at a regular meeting of the City Council held this 5th day of September, 1974. Mg - ATTEST: City Clerk 1 1 7 L 87 ' EXHIBIT A A tract of land, situated in Section 18, Township 7 North, Range 68 West of the 6th P.M., City of Fort Collins, Countv of Larimer, State of Colorado, which considering the West line of said Section 18 as bearing North and South and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point on the South line of said Section 18 which bears East 553.01 feet from the South 1/4 corner of said Section 18, said point also being on the centerline of La Plata Avenue Right -of -Way; Thence North 384.7 feet; OCi Thence West 315.0 feet to the centerline of Pikes Peak Avenue Right-of-way; Thence South 171.87 feet to the Center line of East Lake Street Right -of -Way; Thence along the arc of a 301.37 foot radius curve to the right a distance of 156.60 feet the long chord of which bears N 69039'24" W 152.24 feet; Thence along the arc of a 241.37 foot radius curve to the left a distance of 147.33 feet the long chord of which bears N 72°30'48" W 145.05 feet; Thence West 78.5 feet to the centerline of Longs Peak Drive Right -of -Way; Thence North 176.3 feet; Thence West 180.0 feet to the Northwest corner of lot 19 of the Prospect Estates Subdivision; Thence North 144.82 feet to the Southwest corner of lot 21 of the Prospect Estates Subdivision; Thence West 180.0 feet to the centerline of the Meeker Drive Right -of -Way; Thence South 47.78 feet; Thence West 180.14 feet to the Southwest corner of lot 6 of the Prospect Estates Subdivision; Thence North 322.34 feet to the Southeast corner of lot 146 of Highlander Heights 7th Subdivision; Thence N 84025' W 139.97 feet along the South property line of said lot 146 to the centerline of Alford Street Right-of-way; Thence along the arc of a 110.0 foot radius, curve to the left a distance of 8.96 feet the long chord of which bears N 02023' E 8.92 feet; Thence North 178.43 feet; Thence S 86057140" W 149.64 feet to the Southwest corner of lot 153 of highlander Heights 7th Subdivision; Thence N 13006' W 61.71 feet to the southeast corner of lot 52 of Highlander Heights lst Subdivision; Thence S 61031' W 151.11 feet to the centerline of ' the Emigh Street Right -of -Way; Thence N 10055136" W 232.28-feet; .M Thence S 89°45'10" W 168.06 feet to the NW corner of lot 37 of Highlander Heights 1st subdivision; Thence S.89031' W 1264.30 feet to the West line of said Section 13, said West line also being the center line of the Lemay Street Right -of -Way; Thence North along said West line 832.37 feet to the center line of Doctors Lane; Thence: N 89°58'30" E 244.99 feet to the center line of Hospital Lane: Thence North 121.49 feet; Thence S 89115' W 245.00 feet to the West line of Section 18; Thence North along said West line 368.00 feet to the West 1/4 corner of said Section 18; Thence North along said West line 1334.12 feet to a point, said point being the intersection of said West line with the existing City Limits Line along the North- east side of Riverside Drive; Thence South 49024' East 369.5 feet along said City Limits Line; Thence along the arc of a 1121.00 foot radius curve to the left a distance of 314.84 feet, the long chord of which bears S 57026145" E 313.80 feet, along said City Limits Line; Thence along the arc of a 741.30 foot radius curve to the right a distance of 214.75 feet, the long chord of which bears S 57111'30" East 214.00 feet along said City Limits Line; Thence S 61032' E 2095.17 feet to a point, said point being the most westerly Northwest corner of the 1st Lemay Annexation to the City of Fort Collins and the most Northerly Northeast corner of the East Prospect Street lst Annexaton to the City of Fort Collins; Thence S 61032120" E 730.24 feet along the existing City Limits Line: Thence along the arc of a 1587.28 feet radius curve to the right a distance of 1703.30 feet, the long chord of which bears S 30°47'50" E 1622.71 feet, along said City Limits Line; Thence S 00003'20" E 680.43 feet to the South line of said Section 18, this point bears West 1183.40 feet from the southeast corner of said Section 18; Thence West along said South line 918.00 feet to the point of beginning. Resolution adopted accepting the report of the City Engineer giving Notice of the Creation of Storm Sewer Improvement District No. 16 Councilman Russell made a motion, seconded by Councilman Wilkinson, to adopt the resolution and change the hearing date on the notice from 6:30 P.M. to 7:30 P.M.. Yeas: Council members Bowling, Fead, Gray, Reeves, Russell and Wilkinson. Nays: None. 1 1 F 89;. RESOLTITION 74_79 OF THE COUNCIL OF'THE CITY OF FORT COLLINS ADOPTING 1NG THE REPORT OF 'iiit; GS1"IIY ENGINEER ON Till: ESTIMI TES', COSTS AND ASSESSMENTS FOR STORM SEWER IMPROVEMENT DISTRICT NO. 16, APPROVING THE DETAILS AND SPECIFI- CATIONS 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 IMPROVE- MENTS ASSESSED AGAINST PROPERTY IN THE DISTRICT WILL BE PAYABLE, THE RATE OF INTEREST TO BE CHARGED I, ON UNPAID INSTALLMENTS, THE PROPERTY TO BE ASSESSED U 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 Storm Sewer Improvement District No. 16, 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 90 large and not by assessments against property in the district, to -wit: $40,000 toward the construction cost and $20,000 for right-of-way acquisit. Section 3. The property to be assessed for the improve- ments shall be as follows: all property with the District boundaries except streets and alleys, said District boundaries being more particularly described on Exhibit A attached hereto 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: upon all of the real estate in the District respectively in proportion as the area of each piece of real estate in the District is to the area of all the real estate in the District exclusive of streets and alleys, except that the area of each parcel of real estate in the District shall be adjusted based upon the developed uses of such parcel (or if the parcel is not developed, upon the present zoning of such parcel) in accordance with the following: Developed Uses Factor by which Area or zoning) is Multiplied Single family residence 1 (R-L Zoning) Single family residence with lot area of .75. more than 16,000 square feet Two, three and four unit residential 1.25 dwellings (R-P Zoning) Businesses permitted in City business zones 1.50 (B-P Zoning) Apartments -with more than four dwelling 1.625 , units, commercial and light industrial uses permitted in commercial and limited industrial zones (R-M-P, R-H, C and I-L Zoning) M 1 N 00 y W E 1 Industrial uses permitted in general industrial zones (I-Z Zoning) 1-875 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 equal annual installments, with interest on the unpaid installments at the rate of six percent (6%) per annum. Section 6. That on the 17th day of October, 1974, at the hour of 6:30 o'clock P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers of the City Hall, City of Fort Collins, is the date on which the Council of the City of Fort Collins will consider the ordering by ordinance of the proposed improvements and hear all complaints and objections that may be made and filed in writing concerning the proposed improvements by the owners of any real.estate to be assessed or any persons interested generally. Section 7. The City Clerk be and she hereby is directed to give notice by publication and mailing to the owners of property to be assessed and to all interested persons generally, all as set forth in Chapter 16 of the Code of the City of Fort Collins. Passed and adopted at a regular meeting of.the City Council held this 5th day of September, 1974. EXHIBIT A . A tract of land, situated in Section 18, Township 7 North, Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado, which considering the West line of said Section 18 as bearing North and South and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point on the South line of said Section 18 which bears East 553.01 feet from the South 1/4 corner of said Section 18, said point also being on the centerline of La Plata Avenue Right -of -Way; Thence North 384.7 feet; Thence West 315.0 feet to the centerline of Pikes Peak Avenue Right-of-way; Thence South 171.87 feet to the Center line of East Lake Street Right -of -Way; Thence along the arc of a 301.37 foot radius curve to the right a distance of 156.60 feet the long chord of which bears N 69039'24" W 152.24 feet; Thence along the arc of a 241.37 foot radius curve to the left a distance of 147.33 feet the long chord of which bears N 72030'48" W 145.05 feet; Thence West 78.5 feet to the centerline of Longs Peak Drive Right -of -Way; Thence North 176.3 feet; Thence West 180.0 feet to the Northwest corner of lot 19 of the Prospect Estates Subdivision; Thence North 144.82 feet to the Southwest corner of lot 21 of the Prospect Estates Subdivision; Thence West 180.0 feet to the centerline of the Meeker Drive Right -of -Way; Thence South 47.78 feet; Thence West 180.14 feet to the Southwest corner of lot 6 of the Prospect Estates Subdivision; Thence North 322.34 feet to the Southeast corner of lot 146 of Highlander Heights 7th Subdivision; 1 1 93 Thence N 84"25' W 139.97 feet along the souzn property line of said lot 146 to the centerline of Alford Street Right-of-way; Thence along the arc of a 110.0 foot radius curve to the left a distance of 8.96 feet the long chord of which bears N 02123' E 8.92 feet; Thence North 178.43 feet; Thence S 86057'40" W 149.64 feet to the Southwest corner of lot 153 of highlander Heights 7th Subdivision; Thence N 13006' W 61.71 feet to the southeast corner of lot 52 of Highlancicr :Nights lst Subdivision; Thence S 61031' W 151.11 feet to the centerline of the Emigh Street Right -of -Way; N 10055136" W 232.28 feet; v _Thence pp Thence S 89045110" W 168.06 feet to the NW corner _ in of lot 37 of Highlander Heights 1st subdivision; U Thence S 89°31' W 1264.30 feet to the West line of W said Section 18, said West line also being the center line of the Lemay Street Right -of -Way; Thence North along said West line 832.37 feet to the center line of Doctors Lane; Thence N 89°58'30" E 244.99 feet to the center line of Hospital Lane: Thence North 121.49 feet; Thence S 89015' W 245.00 feet to the West line of Section 18; Thence North along said West line 368.00 feet to ' the West 1/4 corner of said Section 18; Thence North along said West line 1334.12 feet to a point, said point being the intersection of said West line with the existing City Limits Line along the North- east side of Riverside Drive; Thence South 49024' East 369.5 feet along said City Limits Line; Thence along the arc of a 1121.00 foot radius curve to the left a distance of 314.84 feet, the long chord of which bears S 57°26'45" E 313.80 feet, along said City Limits Line; Thence along the arc of a 741.30 foot radius curve to the right a distance of 214.75 feet, the long chord of which bears S 57011'30" East 214.00 feet along said City Limits Line; Thence S 61032' E 2095.17 feet to a point, said point being the most westerly Northwest corner of the 1st Lemay Annexation to the City of Fort Collins and the most Northerlv Northeast corner of the East Prospect Street 1st Annexaton to the City of Fort Collins; Thence S 61032120" E 730.24 feet along the existing City Limits Line: Thence along the arc of a 1587.28 feet radius curve to the right a distance of 1703.30 feet, the long ' chord of which bears S 30047150" E 1622.71 feet, along said City Limits Line; Thence S 00003120" E 680.43 feet to the South line of said Section 18, this point bears West 1183.40 feet from the southeast corner of said Section 18; Thence West along said South line 918.00 feet to the point of beginning. 94 NOTICE TO THE OWNERS OF PROPERTY TO BE ASSESSED IN STORM SEWER IMPROVEMENT DISTRICT NO. 16 AND TO ALL INTERESTED PERSONS OF THE KINDS OF IMPROVEMENTS PROPOSED, THE NUMBER OF INSTALLMENTS, AND THE TIME IN WHICH THE COST OF SUCH IMPROVEMENTS WILL BE PAYABLE, THE RATE OF INTEREST TO BE PAID ON UNPAID AND DEFERRED INSTALLMENTS, THE EXTENT OF THE DISTRICT TO BE IMPROVED, THE PROBABLE COST AND THE MAXIMUM COST TO BE ASSESSED, THE TIME WHEN THE CITY COUNCIL WILL CONSIDER ORDERING BY ORDINANCE THE PROPOSED IMPROVEMENTS AND HEAR COMPLAINTS AND OBJECTIONS, AND THAT A MAP OF THE DISTRICT AND DETAILS CONCERNING THE SAME ARE ON FILE AND CAN BE SEEN IN THE CITY CLERK'S OFFICE Public notice is hereby given to persons interested and to owners of property to be assessed in Storm Sewer Improve- ment District No. 16 that the kind of improvements proposed for said district is: installation of storm sewer lines, and that the cost of said improvements as assessed will be payable in ten equal annual installments and that the rate of interest to be paid on unpaid and deferred installments will be six percent (68) per annum and that the extent of the district to be improved is as follows: A tract of land, situated in Section 18, Township 7 North, Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado, which considering the West line of said Section 18 as bearing North and South and with all bearings contained herein relative thereto, i!; contained within the boundary lines which begin at a point on the South line of said Section 18 which bears East 553.01 feet from the South 1/4 corner of said Section .'_;:, said point also being on the centerline of La Plata Aver._,. Right -of -Way; Thence North 384.7 feet; 1 1 1 9S 16 1 Thence West 315.0 feet to the centerline of Pikes Peak Avenue Right-of-way; Thence South 171.87 feet to the Center line of East Lake Street Right -of -Way; Thence along the arc of a 301.37 foot radius curve to the right a distance of 156.60 feet the long chord of which bears N 69039'24" W 152.24 feet; Thence along the arc of a 241.37 foot radius curve to the left a distance of 147.33 feet the long chord of which bears N 72130'48" W 145.05 feet; M. Thence West 78.5 feet to the centerline of Longs WPeak Drive Right -of -Way; W Thence North 176.3 feet; Thence West 180.0 feet to the Northwest corner of lot 19 of the Prospect Estates Subdivision; Thence North 144.82 feet to the Southwest corner of lot 21 of the Prospect Estates Subdivision; Thence West 180.0 feet to the centerline of the Meeker Drive Right -of -Way; Thence South 47.78 feet; Thence West 180.14 feet to the Southwest corner of ' lot 6 of the Prospect Estates Subdivision; Thence North 322.34 feet to the Southeast corner of, lot 146 of Highlander Heights 7th Subdivision; Thence N 84025' W 139.97 feet along the South property line of said lot 146 to the centerline of Alford Street Right-of-way; Thence along the arc of a 110.0 foot radius curve to the left a distance of 8.96 feet the long chord of which bears N 02*23' E 8.92 feet; Thence North 178.43 feet; Thence S 86057140" W 149.64 feet to the Southwest corner of lot 153 of highlander Heights 7th Subdivision; Thence N 13006' W 61.71 feet to the southeast corner of lot 52 of Highlander Heights 1st Subdivision; Thence S 61031' W 151.11 feet to the centerline of the Emigh Street Right -of -Way; Thence N 10055136" W 232.28 feet; Thence S 89045110" W 168.06 feet to the NW corner of lot 37 of Highlander Heights 1st subdivision; Thence S 89031' W 1264.30 feet to the West line of said Section 18, said West line also being the center line of the Lemay Street Right -of -Way; Thence North along said West line 832.37 feet to the center line of Doctors Lane; ' Thence N 89058130" E 244.99 feet to the center line of Hospital Lane: Thence North 121.49 feet; Thence S 89015' W 245.00 feet to the west line of Section 18; 96 Thence North along said West line 368.00 feet to ' the West 1/4 corner of said Section 18; Thence North along said West line 1334.12 feet to a point, said point being the intersection of said West line with the existing City Limits Line along the North- east side of Riverside Drive; Thence South 49*24' East 369.5 feet along said City Limits Line; Thence along the arc of a 1121.00 foot radius curve to the left a distance of 314.84 feet, the long chord of which bears S 57026'45" E 313.80 feet, along said City Limits Line; Thence along the arc of a 741.30 foot radius curve to the right a distance of 214.75 feet, the long chord of which bears S 57011130" East 214.00 feet. along said City Limits Line; Thence S 61032' E 2095.17 feet to a point, said point being the most westerly Northwest corner of the 1st Lemay Annexation to the City of Fort Collins and the most Northerly Northeast corner of the East Prospect Street lst Arnexaton to the City of Fort Collins; Thence S 61032120" E 730.24 feet along the existing City Limits Line: Thence along the arc of a 1587.28 feet radius , curve to the right a distance of 1703.30 feet, the long chord of which bears S 30047'50" E 1622.71 feet, along said City Limits Line; Thence S 00°03'20" E 680.43 feet to the South line of said Section 18, this point bears West 1183.40 feet from the southeast corner of said Section 18; Thence West along said South line 918.00 feet to the point of beginning. and that the probable cost of said improvements as shown by the total estimate of the City Engineer is $229,848.22, exclusive of the cost of collection, legal, advertising, engineering, financing, interest and other incidentals and that to said cost will be added an amount equal to seventeen percent (17%) of such cost to cover the expense of collection, legal and advertising, engineering, financing, interest during construction, and other incidentals and that assess- 97 ' ments for the cost of such improvements within the district will be made as follows: upon all of the real estate in the District respectively in proportion as the area of each piece of real estate in the District is to the area of all the real estate in the District, exclusive of streets and alleys, except that the area of each parcel of real estate N` Op, in the District shall be adjusted based upon the developed LCV U uses of such parcel (or if the parcel is not developed, upon W C7 the present zoning of such parcel) in accordance with the following: Developed Uses Factor which Area (or zoning) is Multiplied Single family residence 1 ' (R-L Zoning) Single family residence with lot area of .75 more than 16,000 square feet Two, three and four unit residential 1.25 dwellings (R-P Zoning) Businesses permitted in City business zones 1.50 (B-P Zoning) Apartments with more than four dwelling 1.625 units, commercial and light industrial uses permitted in commercial and limited industrial zones (R-M-P, R-H, C and,I-L Zoning) Industrial uses permitted in general 1.875 industrial zones (I-Z Zoning) 1 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 E. assessed on the basis of its adjusted area. The maximum cost to be assessed, exclusive of the cost of collection, legal and advertising, engineering, financing, interest during construction, and other incidentals, is as follows: $0.0214 per adjusted square foot and that on the 17th day of October, 1974, at the hour of 7:30 o'clock P.M., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, Fort Collins, Colorado, is the date that the City Council will consider the ordering by ordinance of the proposed improvements and hear all complaints and objections that may be made and filed in writing by the owners of any property to be assessed or Fpersons interested generally. All complaints or objections should be made in writing and filed in the office of the City Clerk in the City Hall before said date; and That a map of the district and estimates of cost, schedules showing the approximate amount per adjusted square foot to be assessed upon the several lots or parcels of land within the district and all proceedings of the City Council in the premises are on file and can be seen and examined in the City Clerk's office during business hours at any time before said hearing. Dated at Fort Collins, Colorado, this Sth day of September, A. D. 1974 City Clerk 1 1 1 99 the 00 1 1 1 Resolution appointing member to Local Liquor Licensing Authority, Deferred One Meeting Mayor Fead stated action on this resolution will be postponed for another meeting. Ordinance authorized to adopt 1973 Building Code Chief Building Inspector, Gordon Clyde, introduced the following staff members who had worked on the code revision: 1 Bill Waldo 2. Bill DeVeny 3. Milford Hoffman Also Chairman of the Building Board of Appeals, L. L. Gibbons and Jan Scarboro of the Associated Contractors. Director of Community Development, Roy A. Bingman, stated this was intended to be an informal session. Recommended are fees for checking house plans, a re -inspection fee and ionization chambers to be used for fire detection and installed in all new residences. The Building Inspection office has conducted meetings with the staff and the contractors to go over the proposed changes. The Building Board of Appeals has also conducted a hearing. Councilman Wilkinson expressed his concern of rising costs in the construc- tion industry due to code requirements. Councilman Wilkinson made a motion,seconded by Councilman Bowling, that this item be referred to the City Attorney for ordinance preparation. Yeas: Council members Bowling, Fead, Gray, Reeves, Russell and Wilkinson. Nays: None. Other Business 1. City Manager Brunton stated he received a copy of a letter from City Manager Don Hataway of Loveland with regard to the airport and the action taken by their Council having to do with the application for additional federal funding. Also, the development schedules for Phase I and Phase II. A meeting with the airport has been scheduled for September 12, 1974. 2. City Manager Brunton also provided schedules of the Budget Hearings. 3. Councilman Bowling made a motion, seconded by Councilman Wilkinson, that the Administration be directed to immediately proceed towards the implementation of the accepted Frontage Road Plan of the Council on the west side of College Avenue from Drake Road south to the City limits. Yeas: Council members Bowling, Fead, Gray, Reeves, Russell and Wilkinson. Nays: None. 100 City Manager Brunton stated a report will. be ready ;vi the next 15 to 30 days. ' 4. Councilwoman Reeves requested a report on the meeting attended by the City Staff on the Community Housing Block Grant. 5. Councilwoman Reeves inquired into the Zoning Board of Appeals, Appeal No. 534; if the Board stands with that appeal, she would like to have that appeal come to the Council for consideration. Adjournment Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, that the Council adjourn. Yeas: Council members Bowling, Fead, Gray, Reeves, Russell and Wilkinson. .,Nays: Nays: None. or ----- ATTESr: City Clerk 1 1 i ni