HomeMy WebLinkAboutMINUTES-02/18/1971-Regular65
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_Febr-uar-y l8—,=1-97-1_�_—_____
MINUTE'S OF A REGULAR MEETING OF THE COUNCIL OF Till"CITY OF FORT COLLINS, Held
Thursday, February 18, 1'971, at 1:30 o'clock P.M.
Present: Councilmen Carson, Troxell, Lopez, Fead and Kruchten. City idanagcr
Coffey, Ass:i.stant. City Attorney (larch, Jr., and Director of Public 11.7orks Liquin.
Motion was made by Councilman Lopez, seconded by Councilman Troxell, that the
reading of the minutes of the last regular meeting held February 11, 1971. be dispensed ivith.
Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lo ez, Fead and
Kruchten. Mayes: None. The Mayor declared the motion adopted.
Attorney Ward Fischer., the City's legal counsel in water acquisition, was present
and spoke at length regarding the exchange of rater rights. He stated that. this exchange
would provide the City with much needed mountain water storage. He stated that. the City
would acquire the Michigan Ditch System and Joe Wright Reservoir, that the irrigation company
water rights represented by capital stock in New Mercer Ditch Co., Larimer County No 2 and
Arthur Ditch is now owned by the City. Eventually the City transfer will involve 3,355
acre feet of water, and an immediate transferral by the City of 1,200 acre feet of water.
He stated the Michigan Ditch system captures headwaters from the Mi-chigan River, which is a
tributary of the Cache la Poudre, that Joe Wright Reservoir has a capacity storage of 800 acre
feet with a possible enlargement to 8,000-acre feet. He stated that the City's water
rights in the New Mercer, Larimer"ounty"No. 2 and Arthur ditch have not been useful because
very little land is irrigated by those -waters, stating that North Poudre Irrigation Company
can make use of those waters as soon as the point of diversion has been changed. He stated
that water acquired by the City is available in June and July, which is why it is desirable
to have the storage capacity to go with it. He stated the water exchange is a result of
work by a City committee appointed about a year and a half a go to study raw water supplies.
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The water exchange %•ras described as a milestone in that it is a cooperative effort between
the City and rural water users, that nearly all the Poudre River water users belong to the
Water Users Association which is agricultural in nature. Ile stated they have a contract
with North Poudre Irrigation Company on report of the City Attorney, Mr. Bittinger and Mr.
Ward Fischer, stating that the North Poudre Irrigation Company .is controlled by a Board which
we can work out, stating they would like to have the Council recess and make this agreement
today if possible.
After a short recess, Mr. Fischer was commer.ded by Mr. Alden Hill, Attorney, on
his report, stating that a great deal of time and effort has been put into this, and sure the
City can benefit from the North Poudre and they can benefit from you. He stated we need water
for the cities and a.griculture and would like to see the City prese,'ve as muc i/as possible as
we all like open spaces. Owen Moore and Fred Fei.t, members of the Water Board, both recom--
mended this and complemented the City in their interest in this matter. Bill Moore, an
interested citizen, appeared also recommended this, stating that acquiring the Michigan will
mean continual maintenance Dut sure we are willing to s'iare the cost. The Assistant City
Attorney stated lie had a resolution on this conract, that the contract is valid and would
recommended it highly. Motion was made by Councilman Kruchten, seconded by Councilman Troxell,
that this contract be approved. Roll was called resulitng as follows: Ayes: Councilmen
Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None. The Mayor declared the motion
adopted.
Mr. Morton Bittinger, Consulting Engineer, spoke stating that he had inspected
the Joe Wright Reservoir and the Michigan Ditch, that there would be general repairs to make
and he realized there will be expenses ahead of us in enlarging these reservoirs.
The folloi�.ing resolution was presented and read at length:
RESOLUTION 71-13
OF THE COUNCIL OF THE CITY OF' FORT COLLINS APPROVING AN AGREl"ME.NT TO BE ENTERED INTO WIT11
i�'ORTI1 POUGRE IRRITATION COXiPLNY
February 18.,_1.97.1
ii
!HRa AS, Tt'.j.T c .-.. ..pis 02 the City of Fort Collinn have
North
N
! i,Fz -�1c? with .._-� :a.... $.. Oi;it«W irrigation Company for who a.Caue Sil: C...
by the City of certain w at.. ` rights and water facilities owned by North
Poudre Irrigation Company; and
an. ' *J;=:�;;['cnt has Melt a.V'Y. :vV"d at t.t. u City
e +trC:i;i.?y t.73 t.7. Uy
will acquire the fallowing ditches, 7:ai;urvai.nn and wAtey rights:
and
MichiganThe i.':.:..1:::-irl its priority No.
319, its priority No. 25, and its priority No. 363,
in old Wator Distyict No. :1, no, being roiamberej
unjer the provisions of scantu Bill 61;
WHEREAS, the consideration Lv. such acquisition is the tognsfe,-
to t,'... North 1'Cndr: Irrigation Co4pary C, :. othcr waterrights eithor now
owned
:`1 or haS'o^.a:<`.0a to Q acquired by the City, which k]i tar rights in the
opinion of the City Council arc lesn us:•''1.l to the City than 'rhosa buin5
.ieiui>'t'Gy tyre..
WHEREAS, tV hater Eoard of The City h..3 reviewed the proposed
exchange of water rights and the agreement for the same which has beer,
negotiated =1 has to the City Council that said ia3e i; e It
be grf}t r d in u_➢ by th.. City; .awl
WHEREAS, AS, said u?rvame nt has fo rther been 'apprivel by the City
Managcr aild the Clay Aztor{oy.
NOW, T!MRl:P:;:i^L, BE IT RESOL:EO i:i' TdU COUNCIL OF TOnCITY OF
FORT COLLINS that the tC.:ms and conditions of said agrconvat be and the
.ac.,,.c• hereby are i,GCep te;i. and ?IJrQyi;dj <a:AC'
BE IT iURTITR i2.(:$:);:VED that the Mayor and City Clerk be and
they hereby are astaoriz:d and dirocted to execute szid agr x e=ii,::1t for
and on behalf of too City of Fort Collins.
Passed and adopted at a regular meeting of the City Council held this 18th day
of February, A. D. 1971.
ATTEST:
s/ John Bartel
ity Clerk
Karl F. Carson
Mayor
Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that this
resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez, Fead and Kruchten. Nayes: INone. The Mayor declared the motion adopted.
Councilman Kruchten stated that agriculture is closely entertwined with the City,
that a city depends on agrigulture.
The application of Morris Magie dba Town Pump, 124 North College, for a Malt Beverage
License, was presented. This being the date of hearing on this application, Mr. ?Orris
was present and asked that this be tabled for another seek as he was not prepared. Motion
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-- -- -- --- — -------- ----- -----February 18-1471-
was made by Councilman Lopez, seconded by Councilman Kruchten, that this hearing be tabled
for another week. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell,
Lopez, Fead and Kruchten. Nayes: None. The Mayor declared the motion adopted.
The following resolution was presented and read at length:
FINDINGS AND &SK571011;
OF THE COUNCIL OF THE CITY OF FORT COLLINS CONCERNING
AN APPLICATION FOR A GLASS C LICENSE FOR TaE SALE OF
3.2 FERMENTED MALT BEVERAGES
The application of Pizza King of Fort Collins, Inc. for a Class
�I C License for the sale of 3.2 fermented malt beverages at 308 West Prospect
Street, Fort Collins, Colorado, came on for hearing before the City Council
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on Thursday, February 11, 1971, and the City Council, having heard the
testimony produced and received the evidence offered at said hearing and
.I having considered and weighed the same, now takes the following findings:
1. The premises for which the license is applied for are proposed
to be operated by the applicant as a cafe, and no license, of the type ap-
plied for is within the neighborhood as previously defined for this
application.
2. The applicant presented letters of recommendation with the
'applicati.on and at the hearing presented petitions supporting the
application. No one appeared in opposition to the grant of the license
I
: and no petitions were presented opposing the granting of the license.
3. The evidence produced at the hearing shows that the
neighborhood needs the license appil-ed for and the desires of the
inhabitants of the neighborhood do not oppose the issuance of the
license.
RESOLUTION ;'71-14
OF THE- COUNCIL OF THE CITY OF FORT COLLINS CONCERNING
AN APPLICATION FOR A CLASS C LICENSE FOR THE SALE OF
3.2 FERMENTED MALT BEVERAGES
WHEREAS, the Council of the City of Fort Collins has heard the
application of Pizza King of Fort Collins, Inc. for a Class C License
for the sale of 3.2 fermented malt beverages; and
WHEREAS, the City Council has made its findings upon the
evidence presented at the hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the application of Pizza King of Fort Collins, Inc.
for a Class C License for the sale of 3.2 fermented malt beverages at
308 West Prospect Street, Fort Collins Colorado, be and the same hereby -
is granted in accordance with the iin0-..;s of the City Co=cil herein,
privided that no license shall be issued unti.i the applicant has completed
construction of the proposed facility in accordance wit! the plans and
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February=l8„19.7_� _
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specifications presented with the appi ica ion and the huild: ' code fire
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code and other applicable ordinances of the City.
Passed and adopted at the 'regular meeting of the City Council
held this firth day of February, A. D. 1971.
Mayor
ATTEST:
City Clerk i
Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that this
resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen
Carson, Troxell, Lopez, Fend and Kruchten. Nayes: None. The Mayor declared the motion
adopt ed.
The following ordinance was presented on second reading:
ORDINANCE NO. 3, 1971
BEING AN ORDINANCE ASSESSING THE COST OF IMPROVEMENTS IN STREET IMPROVEMENT DISTRICT NO. 63
AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF.
Motion was made by Councilman Lopez, seconded by Councilman Troxell, that Ordinance
No. 3, 1971, be adopted. Roll was called -resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez, Pend and Kruchten. Nayes: None. The Mayor declared the motion adopted.
The following ordinance was presented on second reading:
ORDINANCE NO. S, 1971
BEING AN ORDINANCE RELATING TO DOGS IN THE CITY
Mrs. Shamberger, represati.ng the Humane Society of Larimer County, was present
and recommended changes to the ordinance.. She stated with the vacinated, should be inserted
"and properly taged", $20.00 instead of $S0.00 deposit and insert unlicensed dogs only that
can be trapped. She was advised if a dog was running loose; it was against the lay,, whether
it was licensed or not, and livable to be trapped. She stated she did not believe in this
ordinance and would like to have it tabled. After considerable discussion, motion was made
by Coun cilman Lopez , seconded by Councilman Kruchten, that Ordinance No. S, 1971, be adopted.
Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Paid and
Kruchten. Nayes: None. The Mayor declared the motion adopted.
The following ordinance was presented on second reading:
ORDINANCE NO. 6, 1971
BITING AN ORDINANCE AMENDING SECTION 18-33.2 OF THE
Motion was made by Councilman Troxell,seconded by Councilman Fead, that Ordinance
No. 6, 1971, be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez, Fead and Kruchten. Nayes: None. The Mayor declared the motion adopted.
The second reading of Ordinance No. 7, 1971, pertaining to the offense of Loitering
was presented. Mayor Carson asked that this ordinance be re -written. The Assistant City
Attorney- stated that this was drawn up because of the comments made, that it has been approved
by the Supremen Court of Washington also similar to the Penal Code. He stated it attempts
in a very difficult area to define an offense that is hard to define. The purpose of this
ordinance is to prevent a crime from happening, rather than after it has happened. There was
considerable discussion relating to this ordinance. Jim Bergen and Jim Pruda spoke at
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length objecting to this ordinance, stating that it was easy for a COUnQ 02n to ;ass an
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---.-.-_. Eebruary 18:,_19.71—.-----
ordinance and leave it up to the courts.to say whether we are guilty or not. After further
discussion, motion was made by Councilman Tro:.cll, that this ordinance be to fled to take
a better look at it. This was seconded by Councilman Lopez. Roll was called resulting as -
follows: Ayes: Councilmen T'roxcll, Lopez, Fead and KTUChten. Nayes: Councilman Carson.
The Mayor declared the motion adopted.
The following ordinance was presented on second reading:
ORDINANCE NO. 8, 1971
BEING AN 01'DINANCI'. AMENDING SECTION 18-33.2 (b) OF THE CODE OF ORDINANCES OF THE CITY OF FORT
COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO THE OFFENSE OF INTOXICATION.
Motion was made by Councilman Lopez, seconder by Councilman 'Troxell, that Ordinance
No. 8, 1971, be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez, Fead and Kruchten. Hayes: None. The Mayor declared the motion adopted.
The following ordinance was presented on second reading:
ORDINANCE NO. 9, 1971
BEING AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS,
COLORADO, 1958, AS AMENDED, RELATING TO OFFENSES.
Motion was made by Councilman Fead, seconded by Councilman Troxell, that Ordinance
No. 9„ 1971, be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez, Fead and Y.ruchtcn. Nayes: None. The Mayor declared the motion adopted.
The matter of the letter from Mr. Ralph Hardin, Attorney, presented February 11,
relating to the Liquor and Beer occupational tax, was considered. Mr. Hardin was present
stating that he felt that there were inequities in the occupational tax. Assistant City
Attorney March stated that there had been a study made of this matter and he felt this tax
is justified, that there has to be a police report on all beer licenses and they have more
trouble with places that sell beer than. liquor. Mayor Carson recommended further study be
made in this area. Councilman Troxell stated that a review be continued and an
analytical study made of this tax...
Ordinance No. 16, 1971, was read at lenght on first reading by the City Manager:
ORDINANCE NO. 16, 1971
BEING AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE. CITY OF PORT COLLINS,
COLORADO, 1958, AS EMENDED, RELATING TO LOCAL PUBLIC IMPROVEMENTS, THE CREATING OF SPECIAL
IMPROVEMENT DISTRICT'S, AND THEtASSESSMiNT 01: THE COST 01: LOCAL PUBLIC IMPROVEMENTS AGAINST
PROPERTY SPECIALLY BENEFITT'ED THEREBY __ . _ ........_ - ._ .................................-
After discussion, motion was made by Councilman Lopez, seconded by Councilman Fead,
that Ordinance No. 16, 1971, be tabled to February 25, 1971. Roll was called resulting as
follows: Ayes: Councilmen Carson, Troxcll, Lopez., read and Kruchten. Nayes: None.
The Mayor declared the motion adopted.
The Assistant City Attorney stated the proposed ordinance acoomplishes in the
special improvement area the changes that have been made, which are; 1, will establish a
different way to initiate a district; 2, no contract for improvements exceeding more than
5% of the estimate ; and 3, Remonstration now SO% of people effected by it' this ordinance
takes an affirmative vote of four members of the Council to approve any objections.
The following ordinance was presented and read at length on first reading:
ORDINANCE NO. 17, 1971
BEING AN ORDINAMCE RELATING TO THE CREATION AND ORG.ANI7ATION OF SANITARY SHIVER IMPROVEMENT
DISTRICT NO. 5S, PROVIDING FOR THE. CON'STRUCIION OF IMPROVO4ENTS THEREIN, AND AUTFIORI-l:NG
THE ISSUANCE. OF BONDS TO PAY THE COSTS OF CONSTRUCTION -THEREOF
Attorney ',John To bin, -representing Mr. and Mrs. Michael' was present and
presented the following objection:
OBJECTION TO
INCLUSION IN SANITARY SEWER IMPROVEMENT DISTRICT, No. 55
COIuS NOW MARION D. MICHAEL and ERMA I. MICHAEL and petiticn
the Ci;.y Council of the City of Fort Collins, Colorado for exclusion
of the hereinafter described property from Sanitary Sewer Improve-
ment District No. 55. .The Petitioners afe Purchasers under
contract, recorded in Larimer County Colorado of the following
described real property, to -wit:
A tract of land situate in the Southeast ; of Section 9, Township
7 North, Range 69 West of the 6th P.M., which, considering the
South line of said Southeast c as bearing S.29135'30" E. and with
all bearings contained herein relative thereto, is contained with
in the boundary lines which begin at a point on said South line
which bears S. 89135,30" E. 1027.80 feet from the South 4 corner
of said Section 9, and run thence N.00°24'30" E. 138.80 feet;
thence S. 89*08' E. 100.00 feet; thence S.00°24'30" W. 138.00 feet
to a point on said South line' thence N.89°35'30" W. 100.00 feet
to the point of beginning, said tract being subject to a right-of-
way for West Mulberry Street over the Southerly 30 feet thereof,
known as 2318 West Mulberry, Fort Collins, Colorado.
The.Petitioners represent that the aforementioned Sanitary
Sewer Improvement District is designed to include the above described
land; that the Petitioners were granted the right to attach to the
existing Sanitary Sewer at the beginning point of the proposed
.District prior to the time that said District was planned; that the
existing Sanitary Sewer line abutts the property of Petitioners on
the South and service to the above described land has been available
from the existing Sanitary Sewer.
Petitioners therefore object the inclusion of the above described
land in said Sanitary Sewer District and request exclusion of said
land therefrom.
Dated at Fort Collins, Colorado, this 18th day of February, 1971.
Ix �C �, ct�
Marion D. Michael
Erma I. Michael _
2318 West Mulberry
Fort Collins, Colorado
Mr. Tobin drew a sketch of the existing sewer line. Roy Bingman, City Engineer,
stated that the West 1/2 of this property requires the property owner to take the farthest
point. The Assistant City Attorney advised him that this is consistent with the policy.
Motion was made by Councilman Troxell, seconded by Councilman Fead, that this petition be
denied. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell Lopez,
Fead and Kruchten. Nayes: None. The Mayor declared the motion adopted.
The following communication was presented and read at length:
a sc.• in Di..._ca,
. ..r eL'.^.0 Ornunry 1G, 1J%i l:. v:�n _f^L
t0 ,.,.�t.^.� e': .-.. ".re :Oot or.. _=,,nris o.:tr 3oti . .._
_.• 1.� fr .�. ..ram . L.f ._.r.l J , .�:1� ... �r1^. c: ". �i�<: 1I, JJ. ..J:�� ....J
JT- 'rt o° nn !l ,)y "^ the I'_a 1!. ;� a ._ 'oral .:.._c...-
Y.i at a. ,.a^ �+ on :L• Ti;r 5i
ohoulrl re e...
7n the
sccoY r1'^.e) .4y Low --- when no are in such on inPla-1Aon,..r7 ... '_0'1 `.' ...iS
`..7r. "L`-' I • {J can't no up h not" 1. prices cone &own a little sO reopie tloce L'_
Yee _ ogle to co-v ..ith nn ing out more money' Vith the .axes and the co' , of liv-
inz so .'irgh,;to hn Ve. to unrr/ ^.bout this extra pavgcntis just too much. r..f net
:ink of the apple for n chan.Pe?
Sincerely)
_---_2 ",•�_......
Yrs. Vathleen 7, Tlaltz
A letter from Fred Jones also protesting the assessment was presented.
Mrs. Baltz stated they had an oversize septic tank and had had no trouble. Mayor Carson
advised her that they had a notice of time to object and even it is a burden that it is a
value to you. After discussion, motion was made by Councilman Kruchten, seconded by '
Councilman Lopez, that theserequestsbe disallowed. Roll was called resulting as follows:
Ayes: Councilmen Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None. The Mayor
declared the motion adopted.
Motion was made by Councilman Fead, seconded by Councilman Troxell, that Ordinance
No. 17, 1971, be considered favorably on first reading, and ordered published this 18th day
of February, 1971, and to be presented for final passage on the llth day of March, 1971.
Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and
Kruchten. Nayes: None. The Mayor declared the motion adopted.
The following resolution was presented and read at length:
RESOLUTION 71-15
OF VAL, Oai;;UIL O.P THE CITY 0111Fv'.F C0',' I;;S F: TiiililIiii .; r"u il
Alai•.: t.Ph:G 'CtI C i'f I•. GIi ,i,., TO .
dti:U Y ='AI: "ilia: I APS, PLANS PVU MCIPI( '+MOAS AND I;.SfI: i:C IS
OF COSTS FOR A Pi:' ;'•`_'=,. A' I: i:2sr: U ,)IST :IC:s TOG l' MA HIM
A SQ.;) LE OF t1a 5"•i ii'S 1011, IE`i3 IN SAID DISTRICT
ICJL T I'' Ptar'C,_E 01S;LEAT.* '; A F' UTSA :IGI'.
1i',IBIR <AS, ti3 c :r_ers of n :ore t.an ane (1) per cent of the property
to be assmod for the sm.have pkatiticned the City Cciuicil tz%d:r the
provisions of C2z:..to 15 of the Cosa of Ordinrnc s of Cie City of Fort
Collins, Colorado, 1958, as vranded, relating to local public in; rove ants
for the organization of a perm?;isnt irprcm;7%c.nt district within the pronorty
described on 1-1ibit A attacll.od h reto for tLe p4xpcso of installing a
sanitary simr line, and
i'",lui'f .S) said petitions wore duly received by the Caty Ccicxcil and
duly reforW to the City Engin__r for the purpose of chochiag the s=Tna
Vith rcNect to C0 Aisne: t khe the aL^ iir� a_i, s r f _ . ai p:ro',n�io.�s o.. s^ d
Ci ,17 } 5; aid
1' ,'1i1:,1S, V77e City LnZir_sr has itported that said puiticas do
mply with such azld prow sicus, and that the corers of the
rc_iuirwl z :wnt of property have Icza11y nod picp, ly sig ad such pati.tior s.
IT 15y 01i 'I'iM CITY OF FJ:1f
C.,1:uI..J, that CGa City � P:_ I.V al"' Lid nd
a$ c':'.. t`:3ri;.4 �., Ei�)�,iir
-Purom of oroysrinj -, pop, P?. -;3 end sycHfUntions 1:d an Let _ .t: of '
72
the +:.GsC;+ Of s:3Q .:if,rO'1'C.._:1%f. 3S: said .^,'u:3.:St:T1C.'i: i:i'Q' ... nn.cunt to
be
anSOSSW to th, pr', .. 1'ty 1G•.t.t l: L!i st:i is dolstrict, said
district to coyprise and in;.i:lLiE'.::: t;tt: lots, .'-n ?'a!'S is?:.. .._'sl witi;J!i ulf"
dascribod O:l Exhibit A £aLt-i<had hereto and with Zach ass .``nut tti'be
ail run ato ail said district i p •1nrti the t'1.raz o
.i .._ _, �. f:;i[c,tn .s. tl.. rv^^.. i.:i-t r...; i.>.. bs?li h;7
,act � joc,, of realR2i'C'.atn Lj ti'.9 G15 tT1c[. is to the area of all the real
i11 the district exclusive A ."-.:t"i:: t, S P;1i[ atll4y :, i'il11C:.i1 said
when L^ ).'2a;{ a Wall with all convcnienca ba repexte"I to s?.':Cityfca-
.. 'a =10n for the &.'O:i .. of .. rai_'sa'.731g Sa:Erj district
"' "a"ovid- t'' $... J}I' Aiw;?' ,lu Li;, Li �'.t. v.al'P for 1:::.e f:. i.ii;i;cc:aLS_ Ca %:i.^. ]?o`='f ilt.
_."il",i)ce with +' 'i1 i:] :i i_,... Ui. &1)° c:fi(I 5p5Cif'.i.C:..ii4"?S.
and x.i.. p. ,1 at it :.`vg'.2_3:; RT:ta.iTig of :.',1..^„ City l:Ounw!.1 held
lJt>.i ;: .r
_.. tj'dy of I'CiiI'1£1iy, {1.1l,, ljil.
Karl. E. Carson
Mayor
ATTEST:
/s/ John Bartel
City Clerk
Motion was made by Councilman Lopez, seconded by Councilman Troxcll, that this
resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez, Fead and Kruchten. Nayes: None. The Mayor declared the motion adopted.
The following resolution was presented and read at length:
;LJii!a±vh 71-16
4X' 1i1:OF, li:i: ..?'I„2 i1' S3 CLti'„Jv.r .. ,r.
V TIE li1`i L. lips IMPL& d) COSTS AIND
lT`h•:•n' N"
I.>. •a: SCI ,ti!> ::'ay
113N tit t,t s,
Yt i x 4 ' TIME •I ,tSI F t..vi,£:
Us` ...�a, y.:. ,._,,15 .) !-i. I.w i 1; C_i COSTS � �L L:.• I'. vA" ,
TIE "=:ii, OF a:It 11 :_:; ID BE rMMA ON UNPAID I;' w _.'iLLKI_:S AND TI
pi-; )ii'r 1-Il C:� pn s} i....7� .il:: i:'�': 1 :�.i \iC:1.! :�:U 111 ,11:
,..:,lu•.l�x liS _}.,' �i....,�.:�;i.;L aL<. '1::, S,S a.. ;li'i:]
PEi',T{ Sn ;'r C•i ?1I, . _1L
1" L J ,•:'JLi ;G t
T+11 1 d Y F S n t. DISTRICT
TO BE ASSESSED
:.'1;ittii+c11l.i Pao HXIIaG it: laf:d. t)' .J l4!dii lim
CITY S..!).JIi:.1'1, V^:i1 T• (f_!`. ;:i,~t I_'.i� TiYI.: .'.Y3 11K Ti�4ei;U � i `THi..
i''J��v_'ai ��:.J)}Jt__i''_'lLxJ>_...."..__.��_-�._...._...�..�.___��.....v_._•____.._.r.__...__..,_
herutofor: the City G. ncil, bi",esol-Cticn, ci.+.r add the City
.� .a in os
t'� L�:C'k�C i. COi"S:.(;SF) SI:iT':i:j' C•: 3. P �8',i
District No. JV UP Li:? PUI.r0>c Of p _p'i'ing :.1 map, PH= and ifi'CHICaitioa
<?S%:3mS'4 O;: t'.;i.. CcS it Cia �1_•1. �:ii. ,... ,..._r.,, in said 't": ,
aull
t".0 City Engincer 11E's ,.. 2Ct@ his ropoT. t of the estimated costs
and C sf ssxoats for said district and hos presented Zile details
snecifications for the sagw
', Tunni? E' :T tl ! '}
tall C' t 1 J
1
1 3' f C 1'�t
lit
(1 L_IiS that
he ._.la
> •Y'7s`.
too F . > 1.=1'i.i.y
+.. . a.-• :r`y's ...& cam. '"1`- Al
en-J,
� '
73
-- - - - ---- -- - --- ----- - ---- — ----- ----- -- -- ---Eebryary j.,-1.9,7.1
THAT, the asse:,sne^i1C5'fcr t`I^ costs i.: �, i:ell_D; 0i "� o
:.
in said district 1 bo rug-i:. UPD, the roal 00tse in ba.-sa uis4,a_L in
. proportion is thl: aro"a of onsh piece Of Seal estate its the district i'_: tC?
tJ:f2 1Yei. U-.t'C all Cl tsl.3 real estate 7.T3 tho district, exclusive of streets
21d alileyS, all an provided in Section 1.5-63(c) Of tha Code Of Ordinances
Of the 'City Of FOK C011i S, If k ad% 195S, Z_Z Mr;;7:?iit:Ld-, anC!
'11-A" Said assoFsleents shall be ynyablo in ton (10) equal annual
ii2va luants !`i:.th interest = tho un'!i?a"2.id a..Tt$l,.i1.'A°;;5itS i the'. •^.a .e -r
:Y, t.i na.ta, Cl sl..
(t') per Cont p x F71;1LL'll; <'-d that he wt.inated costs and i'..'...,i`z::wJ1's, leap
of the ti_ s t"J'1L' , schedule; showing i 3 r' > -a" Y ! ass ec , d
.� ,C.: R� 4i �:.,. ;; xar. ltii`m... _� k:: 'aSl t Ji: .,.,. G.t:'L'
per square :foot L1F an the soveral prop^.02'f; Cas .in Viw :i::i. 4rlct, ;.I]. is pni .••
Se^.TiLo! by the City l;"ig'.,neer; be .anc, tiv,, sdin ;` he:.etJy are ;aC;;y`ytod and
7
:�' U t�,Gs and
April 1, 1971, at the haur K 1:30 a HO& P.N.,
or 13 soon thereafter as the matter may c n8 On for hearing in the council
ci a.-;,:✓"3r,5 Of tho City Hall, City of Fort t- Collins, 0 the date on which
the coinicil of the City Of Fort C011iw wKI cawider ordering by Ordinance,
t:;3 ? ld hCa. :tA' l CU.^:.fll£L RQ and Ci+ijeCtioaL that
pay be filed in writing conceri1Ms t:'.o i reposed by th'. G' ilars
of any a•.; M ost'ate to be assessed OT any pwso 1S if_'.:ore:ited All the some; ,'in -I
llli `? , the city Cl rblie and ].i:.s. la' r.^7ted to give n,�iC, by
:cC3Lt fi,. uil:i mc13117i ,. t0 t:}..J Ci'i...i `a'$ of ttY:;'.:.^.it't 1:0 be cs."i':: (::::>f:d and all
intor.95stcd rE3rw s generally, al.l as so �n Sect 1, -5 of ' '.d"-,
d -CJ-1 "$ fi'�tti Section J �7 r L[?'J C6 s:.
Or Ordinzuic s Of 1.13 City Of Fort Collins, Color2CllA. 1950, as tuiv^i.'Ced.
Passed and adopted at a 'a'ogula Of the. City Council hold
t,Us lEth day Of FoIDzu iy, A.D., 1971.
Mayor
ATTEST:
/ John Bartel
ty Clerk
l E. Carson
Motion was made by Councilman Troxell, seconded by Councilman Lopez, that this
resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez, Fead and Kruchten. Nayes: None. The Mayor declared the motion adopted.
The Traffic Engineer's report on Traffic Control Equipment, tabled to this date,
was again considered. Motion was made by Councilman Troxell, seconded by Councilman Lopcx,
that this be removed from the table. Roll was called resulting as follows: Ayes: Council-
men Carson, Troxell, Lopez, Fead and Kru c hten. Nayes: None. The Mayor declared the
motion adopted.
After discussion, motion was made by Councilman Fead, seconded by Councilman Lopez,
that No. 1, the intersection of South College $ Rutgers, be deleted and the next four
items of the report be approved. Roll was called resulting as follows: Ayes: Councilmen
74
Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None. The Mayor declared the motion
adopted..
The following report was presented by Rev. Keith Spahr:
-',s! l'r!Ti`.'ARY F-jQOFC TO THE FORT COLLINS CITY COLPNCIL:.
FROid: THE FORT COLLINS TEAM WORKING IN CONJUNCTION 4TITH Tra ROCKY 1:GU'rIAIii is YIC:G.
INSTITUTE Gii CCT24UI•IITY RELATIONS AND THE AD:iIi ISPR.TION OF JiILTICE
SPONSORED BY: OFPIC OF CONFERMCE AND INSTITUTES, COLORADO STATE UNIVE=uSTY ,'"D T:=L
NATIONAL CONFERENCE OF CHRISTIANS 111D JEt^7S.
PURPOSE OF TEFL INSTITUTE: To give opportunity to selected team rsrbers frcr. varir-aa
cormanitiou across the state of Colorado to '.cork togother for a con eentratec w
of three days to identify problems in their co-:anunities, particularly i . is ar_a
of Polico-Community Relations, to study the problems and their causes and t,;
suggest possible solutions to the problems, aad to pursue the solution of a
identified probler,-. .
TEAI4 PERSONNEL: Mr. Ron Anderson, Mr. Michael Ditullio, Mrs. Lups Giron, 1 -. P _c'r G.
Jaranillo, Ns. Patrick Kelly, Yr. David Maestas, ?:r. Santiago co`e
Martiniz, Mr. Valerie E. Miranda, Mr. Lee Ortiz, Mr. R.=.l ;• "•�
Rev. Keith W. Spahr, Mrs. Frances Thorp son .
REPORT:
Folloaring the identification of various problems in the area of Police-CC
Relations, discussion of same and possible solutions the follo.�_ng recorrenda��cns
are made:
1.) -THE ESTABLISr'JENT OF A COMPLAINT PROCEEDURE FOR MUNICIPAL GOVERIR r iT AND SERVICES
a. Make available the printed complaint forms at various community centers.
b. Provide instruction class for various community leaders, so they can be of assist-
ance to others in the filling out and filing of the complaint form. ,
c. Establish a time limit, perhaps thirty days, within which complaint .:oast be filed:.
d.'Four copies of a complaint to be made. ( One copy going to the party waking com-
pia nt, one copy to person against whom complaint is lodged, one copy to the app-
ropriato department head, one copy to the Human Relations Commission.
e. A follow up form explaininU action taken in regard to the complaint shall be sent
to the complaintant, and one copy to the Hun Relations Commission.
Human mon.
2.) SIIENGT'HEN AND MAKE EFFECTIVE THE HUMAN RELATIONS COMMISSION
a. Charge the Commission to act as an Appeal Board for written complaints.
b. appoint a Police Officer and a City Councilman to serve on the Commission.
c. Establish su!poena power for the Commission.
d. Provide the Commission with a paid Executive Director.
e. Charge the Conra ssion with the responsibility of insuring that adequate actic_:-: is
taken and proper disposal made of each complaint, and all complaintants cfficaily
notified of disposition. _• . u __•_
3.) PUBLICATION OF CRAIAZxES IN POLICE DEPAFGMENT POLICIES AIM PRCCEEDURES TH4 riAV B
AL1DE AS A RESULT OF THE POMEROY REPORT. ^_-c
4.) pTjBLICi�TION OF A COMMUNITY SERVICES DIRECTORY WITH CONTACT PERSO'_T:LL, nyu..,..rS:.,S
AyD IF:OiTE NUMBERS.
5,) HIRE I: FULL TI1E POLICE-COMMNITY RELATIONS OFFICER.
6.) PROVIDE MOPE' ADEQUATE HUMAN RELATIONS AND COF�LIUNITY ii,L&TIONS TRAINItiG FOR. POLICE
OFFICERS.
7.) EST;LBLISH 1-MITTEN GUIDELINES AND CRITERIA FOR GRANTING OF "FR° BONDS.
8.) PURSER DILIGENTLY THE RECUITMENT OF MORE ?iINORITY GROUP POLICE OFFICERS.
9.) E,,CGURP,GE POLICE OFFICERS AND PROVIDE FUNDS TO ENABIE OFFICERS TO ATTEND CLASSES
IN W7uCAN HISTORY, AND CULTURE AND LANGUAGE CLASSES.
Reverend Spahr elaborated on this report considerably. It was the consensus of
opinion of the Council members that there were many things in this report that the City
could use, that there were people in this City that do want to be heard, that the Human
of this
Relations be improved, and that we place the responsibility on every citizen of Fort
Collins and try tc develop this 1pmgram to bring this about. Rev. Spahr stated there would
75
be'a meeting March 5, 1971, and that the Council designate someone to meet with the
Committee, that they do not want to lose site of these things.
,Mr. Tom Sutherland presented the following report:
I. This committee was appointed in January by the Xayor and City CounCi1
to advise the Planning and Zoning Board on a recommended City policy
with respect to the proposed Foothills Parkway. This Committee was
asked to answer four questions: Will the Fort Collins area need a
foothills parkway? If so, when? Where should it be located? low
should it be built? In considering these questions, the committee
felt compelled to proceed from three assumptions. These are (1) that
the population of greater Fort Collins will double by 1990 and contir:.:e
to grow thereafter; (2) that Fort Collins, Loveland, Longnont, Boulder
and other communities will continue to spread along the foothills pri-
marily by accretion to the edges of previously developed areas; and
(3) that people will continue to prefer private automobiles as their
primary transportation. While several committee members do not like.
what is happening to Fort Collins, all agreed that there is no st-•ong
evidence to contradict these assumptions.
This growth process has led to urban sprawl and increasingly unlive-
able cities - New York, Chicago, Los Angeles and Denver. There is
little evidence that people are demanding, voting for, or are willing
to pay for a change in the process. They have not outlawed 300 horse-
power passenger cars; instead they ask for ever larger ones, and have
with few exceptions turned down proposals for mass transit facilities
to replace them. Only the largest cities can presently support public
transportation and even they must subsidize them to keep then in opera-
tion. Until the attitude of the citizens changes, local, state and
federal governments'are relatively powerless to bring about the kinds
of basic changes that would be required to avert'the type of develop-
ment which many people have come to Fort Collins and other areas of
Colorado to escape.
These assumptions lead us to conclude that Larimer County will eventual-
ly need a foothills parkway. The committee recognized that such a Park-
way does not yet have a.broad base of citizen support. We also recognize,
however, that a project such as this seldom will have strong citizen
support until the need for it has reached an acute stage. In this in-.
stance, however, we believe that by the time the need is critical, the.,
only feasible locations for the roadway will be built upon and as a
result the costs will be much higher than if the need were anticipated
and the right-of-way protected. The need'for the parkway will result
from growth processes already underway. Redirecting this growth in
Larimer County is not the prerogative of this committee. Redirecting
the County's growth will require large and basic changes in methods and
philosophies. We do not believe that denying construction of a foot -
.hills parkway will control development along the foothills.
II. NEED FOR A PARKWAY
For people who are concerned about the predicted growth there are sev-
eral options related to planning for traffic and transportation that
might be explored. For citizens who believe that one answer may be in.
better planning for rapid transit and mass transportation., it is not too
early to push for a task force that will begin to plan in this direction.
It will require .widespread support of citizens, voting power, and r..orcy,
including planning for a right-of-way in connection with highways ar.d .
'parking. On the local level, many more citizens are r�:..cded at cou:..y,
city, and regional planning meetings to be ready to express their con-
cerns about planning decisions related to traffic, pollution, and other,
measures as they affect the entire community. For instance, citizens
can insist that other major traffic -carrying roads be protected for that
purpose by better access, service roads, and clustering of business de-
velopment near major intersections. Better approaches in land use and
planning can insure more long-range econo-mic benefits and more satis`yir,
living conditions. But they cannot be ir..ple.mented unless there are
citizens who are willing to study and work for them.
The primary consideration in the building of a par'. -:.:ay must be t o need.
The need clearly does not exist in 1971. We wish to emphasize in the
strongest terms that we are not advocating constructio.n of any suc`,
route in the near future; we are looking ahead 15-20 years. Projected
population growth is at the rate of 50% per decade, which would
over 100,000 people in the Fort Collins area by 1990. Sir:ilar Zro%:th
perhaps as far as Colorado Springs ar:d Pueblo. Every pxevious ? ojr•c-
tion of population growth and traffic in this area has been a gross
underestimate of what has materialized. We appear to be standing only
on the threshold of the period of greatest growth for the entire region.
Projections and forecasts are risky; but even conservative projections
of traffic flow to the south of Fort Collins as indicated in the attach-
ed analysis, predict that certainly within two decades all improved
existing routes will be used to capacity on a daily basis, and over-
crowded during peak hours of the day. Stopping and starting would, under
city street conditions, generate more pollution too than would a non-
stop parkway.
As regional population grows, so will travel between such cities as
Laramie, Fort Collins, Loveland, Longmont and Boulder. It.is the maj-
ority opinion of the committee, therefore, that planning for a parkway
between Fort Collins and its.southern neighbors is required now.
III. ALTERNATIVES TO CONSTRUCTING A PARKWAY
a. 1. Inhibition of growth. It is the opinion of at least some resi-
dents of the area that efforts should be made to control local ropula-
tion growth. But, within the framework of present local government,
there is no provision to "stem the tide" of growth, and people will con-
tinue to immigrate to the mountain states. Growth is., furthermore,
desirable in.the eyes of .many, since it would support such things as good
theater, shopping, etc. If growth is inevitable, planning is mandatory.
By planning we can assure proper green areas, proper traffic patterns,
proper residential areas and proper shopping centers.
a. 2. Directing growth eastward to utilize Interstate 25. Land devel-
opment between Loveland and Fort Collins is now proceeding more rapidly
along the foothills than along the eastern border of Larimer County.
The location of I-25 is not now directing land development away fro the
foothi.11s.. Directing growth away from the foothills is desirable for
avoiding potential air pollution problems and for permitting use of I-21E,
thus at least delaying the public expense of constructinS another highway.
However expansion in eastern Larimer County would mean loss of sore very
good agricultural land and would require a large initial capital invest-
ment in utilities and school facilities. The co=ittee reco-:-.ends t at
possibilities for directing urban expansion eastward from Fort Collis
be explored, but concludes that there is no evidence now that Larimer
County and Fort Collins are capable of controlling land development to
this degree. It is not even clear that the people of Larimer County
desire such control.
a. 3. Expansion of I-25. Some feel that further by-passes are unnec-
essary; traffic from the north, e.g. Laramie, can be funnelled to the
east via the Colorado 14 By -Pass to I-25. Additional lanes could be
added to I-25 more economically than they could be built in a now park-
way. In the not too distant future such addition to I-25 ;;ill in any
case become necessary. This appears to be a very valid argument, and
one which may deserve more consideration than we have yet given it. The
most serious drawback to this alternative is that it forces all traffic
for the west of the city to funnel across the entire city via X'ulber:y,
Prospect, Drake, or Harmony Road,. all of which are now busy thorough-
fares without much hope of great expansion, except Harmony Road, which
is scheduled for 4-laning.
b. Devpment of Existing Routes to the south. Many are of the
opinion theloat 114-laning" of Shields Street, Taft Hill, and Overland Trail
in addition to US 287 would solve the problems of south -bound traffic
for a long time, if not permanently. This solution generates several
problems; 1) All of these streets end in Fort Collins at the north and
in Loveland at the south causing through traffic to be funnelled through
the cities; 2) South of Loveland, fewer routes exist, at lease at
present, even to continue the traffic toward Boulder and the south; 3)
The state does not participate in improvement of local roads.and streets,
so that the entire cost. of modifying Shields, Taft Hill, and Overland '
Trail ,will have to be borne by the cities and the county; 4) Commerci-
al development would be virtually certain along both sides of four
roads each a mile apart from the other - we risk generating four
"Colfax Avenues." Even with.a parkway, this problem will be difficult
to, avoid, and will require strict controls.
c. Rapid Transit. The development of public mass -transport systerz is
seen by many as the ultimate solution to traffic problems. Our co--it-
tee whole-heartedly endorses the idea of rapid -transit planning , a;I
feels that the Northern Colorado region should be included in discuss -;---.-
for the greater Denver region. But experience in large population can-
7W
,naC WP.1ie s,,.c: ...
transport systems are invaluable, and in some cases a salvation from com-
plete chaos, they have by no means eliminated the need for adequate high-
ways. Addition of a parkway will contribute to a balance system.. trans-
portation. Furthermore the initial development in rapid -transit will
undoubtedly radiate from and to Denver. Inter -city cor..muting outside of
Denver will probably have to rely at least initially on the automobile.
And recreational traffic, not only to Rocky Mountain National Park, but
to all mountain recreation areas, would appear to continue to be by auto.
IV. POLLUTION GENERATED BY A PARKWAY
The recent report by Riehl and Herkhof (1970) raises very serious ques-
tions regarding the location of a parkway anywhere in the region of the
foothills. Some discussion of this report is included below: the res-
ult of a conversation by Bailey of our bommittee with Professors Riehl
and Narlatt of CSU.
Air pollution potential is greatest in areas having prolonged per-
iods with little or no wind. Periods of little wind are more
common near the foothills than eastward. Bear the foothills, per-
iods of little wind are more common between Loveland and Fort Col-
lins than to the north or, south of these cities. Furthermore,
whe,i light winds from the west pass over the foothills air can be
trapped in a turbulence near the foothills, preventing adequate
removal of air pollutants produced there.
During night and early morning periods of very little wind,
cold air will flow by gravity into low areas. Pollutants produc-
ed west of Fort Collins nay flow downward into the City, especia-
lly along the watercourses.
For dispersal of air pollutants, development should be located
east of Fort Collins, especially northeast. At present growth
rates and pollution rates per capita, the city should expect ten
air pollution episodes per winter in 1990. These episodes will
involve 25 percent of the winter days, on the average.
Two further points might be made: a. Pressure is mounting to convince
Detroit to build cars more pollution -free, if not completely so. The
immediate years ahead will. indicate how realistic this hope may prove to
be; b. Even with added pollution from an expressway, pollution which in
any case would not be greatly avoided by expansion of Shields, Taft Hill
and Overland Trail, the advantages 'of the Parkway are considered to out-
weigh the disadvantage of pollution, which the experts contend probably
will become a problem. It should be emphasized, however, that in these
days of consciousngss of the environment, this judgment is not taken
.lightly by the committee; many of us have very serious reservations on
this point.
IV. COORDINATION WITH OTHER AGENCIES
Discussions have been held with planners in Boulder County, who indicate
that planning for an expressway in that region is well under way as in
right-of-way acquisition. Denver, C.o.G. planners are discussing plans,
but no concrete steps have been taken thus far.
The State Highway Department Regional Office in,Greeley has encouraged
further planning: the routine for requesting action in the State Offic
is well documented, and needs no elaboration here. Loveland, whose City
Administration has been represented at all our meetings, understandably
feels that her position will be dictated by what action is taken by
Fort Collins and Boulder which indeed appear to be the key cities affect-
ed by the northern segment of the proposed parkway.
Vil. LOCATI iJ
Several possible routes have been discussed:
1. The "Hog -Back Route" and the "Toe Route."
Routing of the proposed Foothills Parkway west of Fort Collins should
be done so as to avoid any disturbance to the toe area of t;:e Dakota
hogback. The hogback consists of sandstone and underlying shale .inich
dip to the east at an angle of about 20 to 25 degrees. These strata_
are known to be unstable. Quarrying of rip rap materials frca the
sandstone during construction of Dixon Canyon Dam caused cover..en_ of
large masses of sandstone on the hogback. This quarrying ac'iv°ty had
to be terminated to protect the slope. Also, natural slippage of - -
massive sandstone stratum has occurred at several points aio.-.g the ----
back. The hogback immediately west of College Lake has been defog ed�
by this slippage.
78
February 18_1971_
---
If the proposed Foothills Parkway is routed near the toe area of the
hogback, design, construction - maintenance costs nay run many tines
the predicted amount. In addition, public safety could be endangered
by this route.
If the toe route must be considered, it should be done only after a
detailed geologic feasibility study of the route has been completed and
evaluated; planning any route in that region without a feasibility study
would, in our 01AIlion, be a Very serious mistake.
In addition to these geologic considerations, public opinion is united
against at least the hogback route for esthetic reasons - desecration
of the city's view of the mountains would likewise be a serious mistake.
2. The "Overland Trail Route."
This route is favored by the committee. It intersects conveniently
with the proposed Colorado 14 By -Pass to the north; it passes through .
little already -developed land, at least at this time; it is the most
direct route to the south avoiding costly cuts into the foothills; Over-
land Trail could be used effective)y as a frontage road; it would pro-
vide access to the Foothills Campus and, more urgently, to the entire
west side of the city, which will become the most important single rea-
son for this route. The committee feels strongly that the primary pur-
pose of the proposed parkway is to service inter -city traffic and Fort
Collins commuter traffic, and not to serve as a western by-pass for
Interstate traffic. It is not seen as a short-cut.for trucks from
Laramie to Denver or to Boulder. If at all possible, commercial traf-
fic should be restricted, but it is recognized that this may require
changes in present laws.
VIII. ' RECOMMENDATIONS
1. Planning for a Foothills Parkway should be undertaken immediately
by Fort Collins, even though construction is not expected in the near
future.
a
2. The route of the Foothills Parkway should parallel as closely as
possible that of Overland Trail.
3. Discussions should be initiated immcd.i.atcly with the Cc:r.aicaieslers
of Larimer County, Boulder County and Jefferson County, and with the
Councils of the Cities of Loveland, Longmont and Boulder, so that ef-
forts may be coordinated along the entire northern-segr..--nt.
4. Contact should be made with the Regional Office of the State Eigh-
way Department with a view to getting the proposed Par::way on the
agenda at the earliest possible date, because the period of "incubation"'
is a long one; the State will not take any steps toward acquisition of
right-of-way until the project is adopted.
5. In its own interests, the City of Fort Collins should establish and
purchase necessary right-of-way along the Overland Trail Route, so that
orderly growth of the entire west side of the city may proceed. Like-
wise, landowners will not be penalized by having to wait for t;,e State
to approve the actions through all its cumbersome machinery. RecoZnlz-
ing the stringency of the 1971 budget, we recor.,nend that negotiations
be initiated in the critical areas now, with funding to be provided in
next and ensuing years' budgets. Agreements might be worked out oath
the -State whereby our city might be reimbursed in kind by erchan i-,Z
right-of-way for land which could be used for parks.
6. We should begin now to explore the practical and legal aspects of
making this road a parkway, including elimination of commercial vehicles,
signs, commercial enterprises, etc. Planning will also be necessary to
integrate the road with developments in western Fort Collins. We should
be planning (1) for Parkway exits and adequate city streets running E-W,
(2) to assure that the road permits access to existing and proposed rec-
reational areas to the west of Fort Collins.
There was considerable discussion concerning this report. Mayor Carson stated
a road is a latent concern that is about to explode, that there must be some alternative,
to builO ag expressway in the foothills, that airholes have to be considered. He stated he
was not personally ready for an expresswayin the foothills, that he felt it too hazardous
and would affect the aesthetics.
79
1
_ ...�_ ....... ..r.��. ....ram......: '...:JvaL..�._-.s.
Mr. Chuck Boi(li.ng was present and spoke concerning this expressway, stating that
wo have a city that is far better than other cities, thereby should be a leader. He said
fie would like to have a statement from the State of Colorado regarding their views.
Alvin Miller was pr(,sai,L stating he was against the expressway in the Foothills
because of the smog it would create.
After considerable discussion, Mayor Carson stated thit it is imperative that wo
bring together representatives of the different committees for a planned transportation, that
he would like to see contact made with other government agencies to approach this problem
on another basis. That the City Manager be instructed to explore and bring about other
agencies to explore this. Motion was made by Councilman Lopez, seconded by Councilman
Fead that this report be accepted. Roll was called resulting as follows: Ayes: Council
-
ment Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None. The Mayor declared the
motion adopted.
The request: of Alvin Miller for a decision to develop in the Foothills was again
_presented. It was the consensus of opinion of. the Council that Mr. Miller be permitted to
go ahead with his plans for development. The Assistant City Attorney stated he agreed
that the Council cannot refuse someone from developing land unless it is condemned. ^:h
Sutherland stated he did not feel we can hold developments up. Mayor Carson stated that
we will call upon the committee from time to time as sure there is much more they can con-
tribute ,judging upon the commendable report that was given. Motion was made by Councilman
Lopez,- seconded by Councilman Troxell, that the Miller Development be approved. Roll was
called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and Kruchten.
Nayes: Nayes: None. The Mayor declared the motion adopted.
The Westgate Subdivision Plat, First Filing, tabled previously, was again presented.
Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that this matter be
removed from the table. Roll was called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez, Fead and Kruchten. Nayes: None. The Mayor declared the motion adopted.
Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that this
plat be approved. Roll was .called resulting as follows: Ayes: Councilmen Carson, Troxell,
Lopez, Fead and Kruchten. Nayes: None. The Mayor declared the motion adopted.
The following letter was presented and read by Mr. Herb Heineman:
City Manager Tom Coffey
and
Gentlemen of the Council:
May I discuss with you the possibility of re -activating the Fort Collins Croquet Club, and
use of City property in City Park, which was formerly used by this Club, until the organiza-
tion was disbanded a few years ago?
Yours truly,
/s/ herb Heineman
Mayor Carson told idr. Heineman he was sure the Parks and Recreation Department
would 'be glad to work with him.
Mr. John McDonald, SO1 Smith Street, was present stating that lie had 146 feet
of sidewalk and did not replace any of it, and hoped there would not any other Lein against it.
Roy Kingman, City Engineer, informed Mr. McDonald that his name would be crossed off the
list.
Mollie Carter was present protesting the amount of assessment of sidewalk repair
of her property at the Green Onion. . Mr. Bingman advised her that his department had.
talked to Mr. Kiefer who had no go ahead from Mrs. Carter on repairing her sidewalks, than
11
the City ;-.ent ahead and had it done, that they tried to keep it wi.t4reason and that it
was evidently a mi.sunderstanding between her, the City and Mr. Kiefer., but it i•;as assessed
in her name. and would have t_ pay it.
February 18, 1971
..,........., _...,_.... _..._.,__.w__�_.....,..-,,.-,-.._,..>.-....,,,�..,....,._._..-._.._....r...._., - ..... _.. ..-arm-_..-�.�.i�,��.
The following resolution was presented and read at length:
RESOLUTION 71-17
OF 'li{L COUNCIL OF TI[E CITY OF FORT COLLI\S ASSESSING Trio COST
OF REPAIR AND RECONSTRUCTION OF CERTAIN' SIDEtiALKS IN 11E CITY
AGAINST THE PROPER'N :,WOINING TFE SAV ;.
WHERE.,:;' :cretofore t:e City Council by resolution pursuant to the
provisions of Section 22-44.3 of the Code of Ordinances of the City of
Fort Collins, Colorado, 1958, as amended, ordered that certain sidewalks,
curbs and gutters in the City of Fort Collins be repaired and reconstructed
in order to protect the public; and
R'I-IEP.E.AS, in accordance with the provisions of Section 22-44.4 of the
Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended,
the City Engineer caused said work to be done in cases where the owners of
said property failed to perform the same; and
IIE EREAS, said repairs and reconstruction have been completed and the
City Engineer has made a report to the City Council setting forth the total
cost Of the work done,the portion thereof chargeable to the City of Fort
Collins, the portion thereof paid for by the property owners affected and
the portion remaining to be assessed against the property adjoining the
sidewalk, curb or gutter which was repaired or reconstructed; and
h11EREAS, the City Engineer in accordance with Section 22-44.6 of the
Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended,
has heretofore mailed to the property owners affected notice that the City
Council would hold a hearing on this date on his report and
MERF.AS, the City Council has reviewed the report of the City Engineer
and has considered all complaints presented in person or in writing
NON, Tf-]EREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS.
Section 1. That the report of the City Engineer be and the same
hereby is accepted and approved.
Section 2. That the remaining unpaid cost of such repair and reconstruction
work to -wit: $ ?r" together with an additional ten per cent to cover he
cost of engineering and other incidentals in accordance with provisions of
Section 22-44.7 of the Code of Ordinances of the City of Fort Collins,
Colorado, 1953, is hereby assessed upon the respective property adjoining
the sidewalks, curbs and g taa repaired and reconstructed and the a.:ount
assessed upon each lot or tract of land shall be as follows:
81
I7 --! D PDDFsSS
DESCBIFTIO17
COST
COST-10
ZJSY
Williamis, C. L.
262 E. Vountain
$1,275.63
$127.56
51,403.19
2100 Clcarvie;
Lots 1,2,3,1;, Block 19
Fort Colli:is, Colorado
O.'ountain Avenue Side)
Williams, C. L.
262•East Xountain
623.80
62.38
686.16
2100 Clearview
Lots 1,2,3,4, Block 19
,
Fort Collins, Colorado
(Walnut Side)
Williams, Ruth
LE02
402 Remington
109.08
10.91
119.99
ReminIf r:
Lots 9 and 10
Fort Collins, Colorado
Lesher, R.P.
Route 2, Box 233
212 Whedbee
48.48
4.85
53.3's
Lot 6-F, Block 162
Fort Collins, Colorado
Weakl.and, Rebecca
300 Smith
25.25
2.52
300 Smith
A' 1/2 of Lot 5, Block 173
27.77
Fort Collins, Colorado
Krumdick, Marie
526 Remington, Lot.11
72.72
7.27
79 gg
526 Remington
Fort Collins,.Colorado
Wait, Frank C. (Estate)
212 Walnut
84.45
8.44
212 Walnut
92.89
Fort Eollins, Colorado
Kelly, 0. J.
3259 Juniper
412 Peterson
48.46
4.85
5s.33
Lane
N 1/2 of Lot 6, Block 154
Falls Church, Virginia
Stark, Lee
1304 Lor
307 Mathews
24.24
2.42
26.66
Y
Lot 7, Block 133
Fort Collins, Colorado.
Smith, Roy D.
246 Pine Street
246 Pine Street.
Lot 15-X, Block 13
170.26
17.03
187.2 0
Fort C011-ins, Colorado
Scott, V. E.
331 Whedbee
331 Whedbee
88.88
8.88
97'�O
Lot A-1, Block 153
Fort Collins, Colorado
Savage, Vivian H.
325 East Mulberry
62.62
6.26
325 East 2ulberry
West 75 feet
.68.88
Fort Collins, Colorado
Johnson, C. B.
218 Whedbee
218 Whedbee
124.23
12.42
135.65
Lot 7-G, Block 162
Fort Collins, Colorado
Hostetler, D. H.
Box 647
500 Magnolia
133.32
13.33
146.65
Lot 9, Block 163
Fort Collins, Colorado
Cosch, W. G.
16OL; Richards Place-
406 Peterson
S 1/2 Lot
45.45
4.55
50.00
of 5, Block 154
Fort Collins, Colorado
Geist, Katie
326 Smith
273.29
27.33
300.62
•326 S-.uth
Block 173, N 1/2 W 100'
Fort Collins, Colorado
of Lot 8
Ross, Gary D.
325 A.yrtle'
325 Myrtle
44.31
4.43
48.74'
W 50' of Lot 6, Block 146
Fort Collins, Colorado
82
:. -ESS
DES I.:\iPL10.;
COST
CC)S -2.3
CGo,
r-trude
22i,
$ 169.68
$ 16.97
$ 185.65
22e,, Peterson
Lot 12, E;?c 152
t v2't COl dins, Colorado
?}vdri.ckson, 'r':crbert
_:' 2 Pi;.c
32.96
3.30
36.26
C/O J. P. Johnson
i.oL l0-!Block 13
First national .ar:k
Fort Colli:is, Colcr� o
Reingardt, D. L.
G21+ S:ri,th
.75.75
7.58
a3.33
624 Smith
Lot G, Block 170
Fort Coll.i:s, Colorado
Dusan, Miller, F:o':art
511 Whedboe
94.94
9.49
104.43
511 l?i cd;sc:e
Y 1/2 Lot 3, Block 155
Fort Col.., ins-, Colorado
Randolf, F. A.
216 Pine
119.60
11.96
131.56
210 Pine
Lot 16-D, Block 13
Fort Collins, Colorado_
Carter, Mollie
162 Linden Street
1,262.46
126.25
1,388.71
C/o Brax'= Shields
Lots 18,19,20,21, Block 19
1127 South Shields
Fort Collins, Colorado
Poudre Valley Nat'l Bank
334 East Mulberry
126.25.
12.63
138.88
C/O Geo_�ge and Bernice
Lot 10, less 50' x 90'
Donegan
NE corner, Block 144
401 S. College
Fort Collins, Colorado
iloback, John J.
522 Remington
40.L40
4.OLF
44.44
832 Cottonwood Drive
Lot 10, Block 125
Fort Collins, Colorado
Briggs, Corp.
232 Pine Street
273.75
27.37
301.12
1908 north College
Lot 15-D, Block 13
Fort Collins, Colorado
Bethel Baptist Church
201 Whedbee'
25.25
2.52
27.77
C/O Am. Ref. Church
1/2 Lot 4, Block 152
C/0 Rev. Savage
201 l-Ihedbee
Fort Collins, Colorado
_
Parker, Eugene
320 East Mulberry
20.20
-
20.20
320 East e:ulberry
Lot 8, Block 144
Fort Collins, Colorado
Osborne, J. R.
510 Whedbee
203.37
20.34
223.71
6695 N. King Street
N 1/2 Lot 6, Block 165
Denver, Colorado
Osborna hardware Company 222 Walnut
20.20
2.02
22.22
222 Walnut
Lot 10-E, Block 13
Fort Collins, Colorado
Yosher, Leo
113 West Myrtle
70.70
7.07
77.77
21.24 East 7000 South
Salt Lake City, Utah
brayer , Edna L.
134 Linden
60.60
6. 05
05.60
115 '-:es. :"-aZ olia
Lot 16
F ort Collins, Colorado
,
TOTAL: $5,850.60 $ $83.03 56,433.0"s
i
---- --- -- -- — —--------Febr-uar-.y-1-8,-1-97-1----- —
Sect-ion-J. All oassessments Herein provided for.
shall .,_-due a.-...�._�
Paya:310 v--ithin 60 days after the Gate hereof without demand i shall ' -
"J � Oia G ,.c.:.d wI:L S:i��� CC
payable at the office of the Direct of Finance of the City. The amour t=s
herein assessed shall bear interest from the date hereof at the rate of
6 per cent per annwn.
i
Section 4. The Director of Finance shall prepare an assessment
I
role in proper form and shall keep a record of all paymonts made during
the 60 day period from the date of this resolution and upon the expiration
of said 60 day period he shall deliver said assessment role to the County
Treasurer of Larimer County with his warrant for collcct:ion of t,-, sa e.'
On such date to the amount hereby assessed shall be added a 10 per cent
penalty to defray the cost of collection all as provided in Section 22-44.9
of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as
amended.
5--ction 5. All collections made by the County 'treasurer on said
assessment role in any calendar month shall be accounted for and Maid
over to the Director of Finance on the first day of each and every month
with separate statements for all such collections for each month in the
same manner as general ta\es are paid by the County Treasurer to the City.
i
i
Passed and adopted at a regular meeting of the City Council held this
18th da- of February, A.D., 1971.
/s/ Karl E. Carson
ATTEST:
/s/ John Bartel
City Clerk
Motion was made by Councilman Lopez, seconded by Councilman Troxell, that this
resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez, Fead and Kruchten. Nayes: None., The Mayor declared the motion adopted.
The following communication was presented and read at length:
February 17, 1971
To: Mayor and Council. Members
through Tom Coffey, City Manager
From: John Bartel, Chairman, Board of Elections
Subject: Certain Pees fur April 6, 1971 Election
In May of 1967 the State of Colorado Election Law increased the remuneration for Judges and
Clerks of a Government entity using voting machines to $25.00 for services on an election day.
The City of Fort Collins has rented the necessary number of voting machines from Latimer
County for each election since their inception into the County at the rate of $25.00 per
machine per day, and also has paid a rental fee of $12.00 per day for each polling place.
We respectfully request approval of
$2S.00 Remuneration for Judges and Clerks
$2S.00 Rental for each voting machine, and
$12.00 Rent for each of the polling places
for the General Election to be held April 6, 1971.
/s/ John Bartel
Chairman of Elections.
APPROVED BY COUNCIL February 18, 1971.
O
February 18, 1971
Motion was made by Councilman Lopez, seconded by Councilman Troye'lI, that this
be approved. Roll i:,as called resulting as follows: Ayes: Councilmen Carson, Trosell,
Lopcz, Fead and Kruchten. IN ayes None. The Mayor declared the motion adopted.
The following communication was presented and read at length:
Ci"t`i Council
Fort Collins, Coloi
80521
Sirs:
,.fteT' Uct'_6.^.tlj' h'cltln 1.i7 an+ic` c. :, on Of L I::.VO:
and exne--iencing no such Cha:: ;C', 4:e the residents of Louise Lane
and Kimball Drive ,..uSt now Voice a iOr:::ai co —1,1 int.
This letter concerns the Street uonditionS I^ 1101^`
l.. y
:u1 LErT'y -reet betpu,en TLft Eiil ✓ ivc, and OVe:--Ia:d _-
T-
street surface is cnaracteri7_ed by aneVc:n'leSs, `nd
holes (desuite periodic fining), d the stT'eEt itself 1s too
narrow to Gcco-iodate the heavy traffic it receives.
Since there is no c-Kit fro::'. Louise Lane and 1i :ball D='lve
ex ent. onto zlulberry, it is necessary that we use it to travel
e1-st. This constant. utilization of a rough, bu: py street
resulted in a depreciation Of our cars wh' ch iS ::,ino'v2
city d:ivin,�.
The ^ei" in ..`orst rep:-i.r is that between Taft :!i11 Drive ^h E an
1:'::P-.1ei Drive. This is the section whicn Serves as a ]lath access
to ?oudre Hioh School. In flddition, ':,est %;ulberry is used -as a
slain route to the we St campus Of CSJ and to the stadi.u.a.
r. serious concar'_7 to parents is the Jiff tcuity t hit tale Street
__,;'poses on bicycle riders. Since there is no surface on. Fihic_1 to
Tide ei:ce,)t in t_^_e narrow Strec;t, we have ur-e,: ou ch'Idre.n 'o
use a aved strip par4liel t0 .; -_ be,'r'y' on t_ e nOrt_: Side. tee:: ently,
however, p::trolmen have cautioned tll2it this is
noi; be used for biiie ridin.s. the children ":list
i
this street, l:':edi;'1� the IlOw Of Lral'f1C bcCa'uSc Of t_iE StrE ct's
ns.rrowness, and incre3Sin� the danger to themselves.
4iE are 45it1i1,-'� 0.11'J for , State consiaer�,alon tf--t other
afeas i:1 "Ort ( it ins Ve r2Ce7.Ved--- thO-Out u- t..at 15
adequate in terms of co;1Venie_:Ce and safety If there are Other
related items to be considered before the street can be improvea,
we strongly urge that these be dis.)osed of L:Lmediately.
Than- you.
This letter contained 21 names of residents living in that vicinity., Assistant
City Attorney March stated that bicycles can be ridden on the sidewalks in that area, unless
posted. otheriai_se.
The following proclamation was presented and read:
PROCLAMATION
1'iHEREAS, a program has been instituted in the State of Co:orado
known as COLORADO CARES: and
4di1EREAS, the purpose of said program is to protest the treat-
ment o` Amc-ican prisoners of i.:ar in North Vietna;e; and
1'"NEREAS, the Arnold "'ir Socl.ety and the Angel Flight of the Air
Force R.O.T.C. at Colorado State University are sponsoring the support of
said prograz in the City of Fort Coiii:hs; a',d
i
85
--- - -_- FEbrua_r_y 18,�19Z1
WHEREAS, under said program, letters and petitions are being
obtained requesting that the govermscnt of North Vietnam abide by the
provision; of the Geneva Convention, which letters and petitions will be
presented at the Paris peace talks; and
WHEREAS, petitions and letters to be signed by concerned citi-
zcns of the City are available at various designated places in the City;
and
WHEREAS, such letters and petitions need to be obtained by
February 19, 1971; and
WHEREAS, the program of COLORADO CARES is deserving of support
by the citizens of the City of Fort Collins.
NOW, THEREFORE, as Mayor of the City of Fort Collins, I do
hereby call upon the citizens of this City to support said program and
to participate in the same by signing letters and petitions requesting
that the government of North Vietnam abide by the provisions of the
Geneva Convention in its treatment of American prisoners of war.
Datcd at Fort Collins, Colorado, his 12th day of February,
i
A. D. 1971.
i 7 � 1
,�/ l i � �CCi�!✓iLz��
arl E. Carson
The following letter was presented:
Mr. Ro1,er,. ,".eavo,.
1305 Yount Street
Fort Collins, Colorado
Dear ?•'r. "ca ver:
!,am writing you in reply to year recent correspondence reyardin'-
the sonar problem at yolly adiress.
Frankly, we Ora not exactly $urr
what the problem out there. We do not foe'- that we should come in
and die up this sewer until we have detcynined Chat the problem is and
whore the problem is. This would be a 1:as;o o;: money and :also would un-
toccossari ly tear up your neighbors yards.
Wo have u contract with fir. Fred Gluier of the Denver area, to
come to For.. Collins a ound may 15 to pho:ol vaph the interiors of sev-
eral sewer lines; yours included so that we may detern_ine `chat the pro-
bleas are.
We are not asking him to come is befo-i' the l5th of May because scv-
oral of the problems that we have in town are infiltration caused by
irri-ation water and, of course, they will not be irrigating su`_ ic.'._
ently prior to that date to make any photographs monnin2ful.
in the meantime, we do have your area undcr constant surveillance,
ycu are being hushed out regularly, the last service call we have had
from your area was October 7, 1970, so apparently, we do have the sit-
uation under control and will make every effort to keep it under control
till .e can get your sewer photographed.
At the time we see the results of the photogriphing we will decide
gnat needs to be done to solve your problem and advise you, but in the
meantims we can only a si ycor patience as we believe it is cloul_ and
hotter to keep yaur sewer flushed cut, thao to pay Mr. Giltnez a special
=wvc-in charge just to pho ogzapi this one area.
Respectfully y;,ur,
'8V
Qbruar_y l8„_1,9J1
Tom Coffey
City Manager
Lotion was made by Councilman' Troxell, seconded by Councilman Kruchten, that the
Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Carson, TToxell,
Lopez, Fead and Kruchten. Nayes: None. The Mayor declared the motion adopted and the
Council adjourned.
n
ATTE S' :
Clerk //