HomeMy WebLinkAboutMINUTES-08/19/1975-Regular�s
August 1.9, 1975
COUNCIL OF CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 5:30 P.M.
A Regular Meeting of the Council of the City of Fort Collins was held
on Tuesday, August 19, 1.975, at 5:30 P.M. in the Council Chamber in
the City of Fort Collins City.Hal.l.. Mayor Russell called the meeting
to order noting the following Councilmembers present: Bloom, Bowling,
Reeves, Russell, Suinn and Wilkinson, (Councilwoman Gray came in later).
Staff members present: Bnmton, DiTullio, Bingman, Kaplan, Smith,
Cain and Hoffman.
Also: Assistant City Attorney Ramsey Myatt..
Approval of minutes from August 5, 1975
meeting tabled
Mayor Russell stated that because the minutes from the meeting of.
August S, 1975 had not been received until the beginning of this
meeting, this item should be tabled to the next meetuig.
Councilman Bo -,,,,ling made a motion to table this item to the next reg-
ularly scheduled meeting, seconded by Councilman Bloom. Yeas:
Councilmembers Bloom, Bowling, Reeves, Russell, Suinn, and Wilkinson.
Nays: None.
Ordinance adopted on Second Reading zoning
tlne Griffin -West Prospect Street pro ep rt.},
Councilman Wilkinson made a motion, seconded by Councilman Bowling
to adopt Ordinance No. 46, 1975 on second reading. Yeas: Council -
members Bloom, Bowling, Reeves, Russell, Suinn, and Wilkinson.
Nays: None.
ORDINANCE NO. 46, 1975
BEING AN ORDINANCE M11 NDING THE ZONING ORDINANCE
OF THE CITY OF FORT COLLINS BY CHANGING TI'.E ZONING
CLASSIFICATION FOR CERTAIN PROPERTY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That the zoning district map of the City of Fort Collins,
Colorado, adopted by tine zoning ordinance of the City of Fort Collins,
is hereby amended by placing the following described property in
the City to -wit:
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Lot 1, of the Hauser Subdivision in the NE 1/3 of the
NE 1/4 of Section 23, 'Township 7 North, Range 69 West
of the 6th P.M., per plat of record; and part of the NE
1/4 of Section 23, Township 7 North, Range 69 West of
the 6th P.M., Fort Collins, Colorado, which, considering
the North line of said NE 1/4 as bearing East and West
and with all bearings contained herein relative thereto,
is all more particularly described as follows:
Begin at a point on the said North line which bears
East 1552.95 feet from the North 1/4 corner of said
Section 23 and run thence East 226.40 feet; thence S
00*20' E 708.30 feet; thence West 276.40 feet; thence N
00°20' W 478.30 feet; thence East 50.00 feet to the
Southwest corner of Lot 1 of the Hauser Subdivision;
thence N 00020' W 230.00 feet to the point of beginning,
being subject to a right-of-way over the northerly
30.00 feet thereof for West Prospect Street
in zoning districts as follows: the North 130.00 feet of
said property in the B-L, Limited Business District; and the
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remainder of said property in the C, Commercial District.
Introduced, considered favorably on first reading, and
ordered published this 5th day of August, A.D. 1975, and to
be presented for final passage on the l9t.h day of August, ,
A.D. 1975.
Mayor
ATTEST:
City "Clerk
Passed and adopted on final reading this 19th day of
August, A.D. 1975.
�[�lyoryor a
,a
ATTTE��S//T :
CvCG'U.�� --� utY)
0
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First Reading:
Second Reading:
Dates published
Attest:
August S, 1975
August 19, 1975
August 10, 1975
City C1.er c (Depu"
(Vote: Yeas: 6, Nays: 0)
(Vote: Yeas: 6, Nays: 0)
and August 24, 1975
Ordinance adopted on second reading regulating
the conduct of Going -Out -Of: -Business Sales
Councilman Suinn made a motion, seconded by Councilwoman Reeves to
adopt Ordinance No. 47, 1975 on second reading. Yeas: Councilmembers
Bloom, Bowling, Reeves, Russell, .Su um, and Wilkinson. Nays: None.
ORDINANCE N0, 47 1975
BEING AN OP.DINANCE REGULATING THE CONDUCT
OF GOING -OUT -OF -BUSINESS SALES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. Definitions. The following words and phrases
shall be considered to have the meaning hereinafter indicated:
A. "Going -out -of -business sale" is a sale held out
in such a manner as to reasonably cause the public to believe
that, upon the disposal of the stock of goods on hand, the
business will be discontinued and terminated. Going -out -of -
business sales include, but are not limited to, the following
sales: adjustors; adjustment; alteration; assignees; bankrupt;
benefit of administrators; benefit of creditors; benefit of
trustees; building coming dorm; closing; creditors committee;
creditors; end; executors; final days; forced out; forced out
of business; insolvent; last days; lease expires; liquidation;
loss of lease; mortgage sales; receivers; trustees; quitting
business.
B. "Goods" shall mean and include any goods, wares,
merchandise or other property capable of being the object of a
sale regulated hereunder.
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Section 2. License Required. A 'license issued by the
Director of Finance shall be obtained by any person before selling
or offering to sell any goods at a sale to be advertised or held
out by any means to be a going -out -of -business sale. Such
license shall be obtained by filing an application for a
license with the Director of Finance on a form furnished by
him. The application fee shall be Twenty -Five Dollars ($25.00).
Section 3. Eligibility for License.
A. Any person who has not been the owner of a business
advertised or described in the application for a license here-
under for a period of at least six (6) months prior to the date
OIL the proposed sale shall not be ;;ranted a license; provided,
however, that upon r_he death of a person doing business in the
City of Fort Collins, his or her heirs, devisees, legatees, or
personal representatives, shall have the right to apply at any
time for a license hereunder.
B. Any person who has held a sale regulated hereunder
at. the location stated in the application within one (1) year
prior to the date of application., shall. not be granted a license
for a sale of the same type of goods.
C. The provisions of this ordinance shall not apply
to or affect the following persons:
1. Persons acting pursuant to an order or process
of a court of competent jurisdiction.
2. Persons acting in accordance with their powers
and duties as public officials.
3. Duly licensed auctioneers selling at auction.
4. Persons conducting a sale of the type regulated
herein or, the effective date of this ordinance, unless such sale
is continued for a period of more than forty-five (45) days from
and after such effective date, in which event, such person at
the lapse of said ninety -clay period, shall comply with the
provisions of this article.
Section 4. Term of License. Any license granted hereunder
shall authorize.the sale described in the application for the
period of time requested by the applicant, not to exceed forty-
five (4.5) consecutive days, Sundays and legal holidays excluded.
Any license holder may apply for two extension;of the license
not to exceed an additional thirty (30) dayseach. An application
fee shall be charged by the Director of Finance on an applica-
tion for extension in the amount of Fifty Dollars ($50.00).
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Section 5. Application for License. •The license applica-
tion shall contain such information as required by the City
Manager and the Director of Finance, including the following:
A. The true name and address of the owner of the
goods to be the object of the sale.
B. A description of the place where such sale is to
be held.
C. The nature of the occupancy of such place, whether
by lease, sublease or otherwise, and the effective date of
r+, termination of such occupancy (if applicable).
p^ D. The date and period of time in which the sale is
r7 to be conducted.
E. A full and complete statement of the 'facts in
regard to such sale, including the reason for the urgent and
expeditious disposal of goods thereby and the.manner in which
the sale will be conducted.
F. An inventory or statement in such form and in such
detail as the City Manager may require setting forth the amount
and description and kind of goods to be sold at such sale and
' when required by the City Manager, the date of acquisition of
such goods, the persons from whom obtained, and the place from
which said goods were Last taken.
Section 6. Issuance of License. Upon the filing of an
application, the Director of Finance shall refer the same to
the City Manager, who shall make or cause to be made an investiga-
tion, examination or audit of the applicant and his affairs in
relation to the proposed sale. The incestigaftojj of the City Nmiager
shall he con.pletcd and action t:ai-.en on the apglicati.on uy tho City iaithi.n
seven (7) days after films; of ti:e apnlic::Ci.on. If the O: ty (tanager hods the
statements in the application are true and complete and the
proposed method of conducting the sale is not such as to work
a fraud on purchasers by misrepresentation or deception, then
he shall direct the Director of Finance to issue a license;
otherwise, the license shall be denied. The City Manager may
deny a license on insufficiency of information in the applica-
tion, statement or inventory, but in that event he shall notify
the applicant in writing of the specific grounds of insufficiency
and shall grant the applicant time within which to file an amended
or supplemental application, statement or inventory. No applica-
tion shall be denied unless an opportunity is given to the
applicant for a hearing within five (S) days after written
notice of Intent; to Deny.
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Section 7'. Duties of Licensee. Any licensee hereunder
shall:
A. Refrain from employing any untrue, deceptive or
misleading advertising.
B. Limit the sale of goods under such special sale
to those goods on hand or on order as of the license application
date, unless and until the applicant has filed a supplemental
application and inventory or statement for said additional goods
with the City Manager, and the City Manager has found that said
additions'are required or desirable to aid in the conduct of
the sale of goods in the original inventory. Said supplemental
inventory or statement shall be in such form and detail as
may be required by the City Manager. If said supplemental
inventory or statement is found to be insufficient, written
notice thereof shall be given to the applicant and he shall be
granted permission to amend the same. The applicant shall not
be denied the right to add .iddi.tional goods unless he is given
an opportunity for a hearing within five (5) days after written
notice of intent to deny the application.
C. Conduct the licensed sale in strict conformity
with any advertising or holding out incident thereto.
D. Cease all advertising or such special sale on the '
expiration date of the license or any renewal thereof.
E. Post conspicuously in the place of business the
license document issued by the Director of. Finance.
F. Keep any other goods separate and apart from the
goods listed in the filed inventory as being the objects of
sale and make such distinction clear to the public by placing
tags on all inventoried goods in and about the place of sale
advising the public of the status of all such goods.
Section 8. License Not Transferable. No license issued
hereunder shall be assignable or transferable.
Section 9. Power to Suspend or Revoke. In addition to
any other penalties herein provided, the City Manager shall have
the power to suspend or revoke at any time any license granted
under this ordinance whenever any such sale is conducted in
violation of the provisions of this ordinance or the licensee
breaches any duty imposed upon him by the terms hereof. No
license shall be suspended or revoked without granting the
licensee an opportunity for a hearing after at least five (5)
days written notice of the date set for such hearing and a
concise written statement of the alleged violation.
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Section 10. Penalty. Each day that a person shall violate
any of the provisions or this ordinance shall be deemed and
considered to constitute and shall constitute a separate offense
and shall be punishable as such. Any violation shall be con-
sidered a misdemeanor and shall be punishable as any other
violation of the Code of the City of Fort Collins.
Introduced, considered favorably on first reading, and
ordered published this 5th day of August, A.D. 1.975, and -to be
presented for final passage on the 19th day of August, A.D. 197:.
r l/ I /IZ14
�r ATTEST y iayor
GL-1
-T IC Let-
-city Clerk
Passed and adopted on final reading this 19th day of
August, A.D. 1975.
ATTEST: )n'(1C5fi
i 'Mayor
1 � /�
City Clerk utY)
1
First Reading:
August 5, 1975
(Vote: Yeas:
6, Nays: 0)
Second Readv.g:
August 19, 197S
(Vote: Yeas:
.
6, Nays: 0)
Dates Published:
August 10, 1975
and August 24,
197S
Attest:
Crty Clerk (Del>uf,
Ordinance adopted on second reading
annexing the Excellart Annexation
ColL ilman Bowling made a motion, seconded by Councilman Wilkinson
to adopt Ordinance No. 48, 1975, on second reading. Yeas: Council -
members Bloom, Bovli.ng, Reelres, Russel]., Sui:nn, and Wilkinson. Nays:
None.
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• ORDINANCE NO. 48 , 1975
BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE
EXCELLART ANNEXATION TO THE CITY OF FORT COLLINS
WHEREAS, heretofore, a written petition., together with
four prints of an annexation map was filed with the City
Clerk of the City of Fort Collins requesting the annexation
of certain territory more particularly described below to
the City, and
WHEREAS, the City Council has found and determined and
does hereby find and determine that said petition is in
substantial compliance with the provisions of Colorado
Revised Statutes, 1973, Section 31-8-107 as amended, and
WHEREAS, the owners of 100% of the property to be '
annexed have petitioned for said annexation, and
WHEREAS, not less than one -sixth (1/6th) of the perim-
eter of the area to be annexed is contiguous with the City
of Fort Collins and a community of interest exists between
the territory to be annexed and the City of Fort Collins and
the territory to be annexed is urban or will be urbanized in
the near future and such territory is integrated or is
capable of being integrated with the City of Fort Collins,
and
anal
s
WHEREAS, none of the provisions of Colorado Revised
Statutes, 1973, Section 31.-8-105 as amended, are violated by
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the annexation of this territory to tho City, and
WHEREAS, no election is required under the provisions
of Colorado Revised Statutes, 1973, Section 31-8-107(2), as
amended, and no additional terms and conditions are to be
imposed in connection with this annexation, and
WHEREAS, the territory is eligible for annexation and
ezt the City Council desires to annex the same to the City of
Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
Ci.
CITY OF FORT COLLINS:
Section 1. That all of the territory more particularly
described as situate in the County of Larimer, State of
Colorado, to -wit:
' A tract of land situate in the Southwest 1/4 of Section
1, Township 7 North, Range 69 West of the Sixth P.M.,
Larimer County, Colorado, which considering the West
line of said Southwest 1/4 -as bearing due North, and
with all bearings contained herein relative thereto, is
contained within the boundary lines which begin at a
point which bears North 948.20 feet, and again East
230.00 feet from the Southwest corner of said Section
1, and run thence North 94.70 feet; thence N 89054150"
E 200.00 feet; thence South 94.70 feet; thence S 89054150"
W 200.00 feet to the point of beginning, containing
0.4348 acres, more or less.
C'
be and it hereby is annexed to the City of Fort Collins and
made a part of said City to be known as the EXCELLART Annexa-
tion to the City of Fort Collins.
Section 2. That in annexing said territory to the City
of Fort Collins, the City does not assume any obligation
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respecting the construction of water mains, sewer lines, gas
mains, electric service lines, streets or any other services
or utilities in connection with the territory hereby annexed
except as may be provided by the ordinances of the City of
Fort Collins.
Introduced, considered favorably on first reading, and
ordered published this 5th day of August,_A.D. 1975, and to
be presented for final passage on the 19th day of August,
A.D. 1975.
Mayor
ATTES,2i:
City Cleric
Passed and adopted on final reading this 19th day of
August, A.D. 1975.
Mayor
ATTEST:
City Clerk utyj—
First Reading:
August 5, 1975
(Vote: Yeas:
6, Nays: 0)
Second Reading:
August 19, i975
(Vote: Yeas:
6, Nlays: 0)
Dates Published:
August 1.0, 1.975
and August 24,-1975
Attest:
IF "—
City Clerk Depi
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Ordinance adopted on second reading
zoning the Excel.lart Annexation
Councilman Wilkinson made a motion, seconded by Councilman Suinn to
adopt Ordinance No. 49, 1.975, on second reading. Yeas: Council -
members Bloom, Bowling, Reeves, Russell, Suinn, and Wilkinson.
Nays: None.
ORDINANCE NO. 49, 1975
BEING AN ORDINANCE AMENDING CHAPTER 1.18 OF THE CODE OF
h- THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING
`^ ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE
cy: PROPERTY INCLUDED IN THE EXCELLART ANNEXATION TO THE
C CITY OF FORT COLLINS, COLORADO
:3r
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS: I
Section 1. That the Zoning District Map adopted by
' Chapter 118 of the Code of the City of Fort Collins, be and
the same hereby is changed and amended by including the
property known as the Excellart Annexation to the City of
Fort Collins, Colorado, in the C, Commercial District.
Section 2. The City Engineer is hereby authorized and
directed to amend said Zoning District Map in accordance
with this ordinance.
Introduced, considered favorably on first reading, and
ordered published this 5th day of August, A.D. 1975, and to
be presented for final passage on the 19th day of August,
A.D. 1975.
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,106
Nayor
ATTEST:
Z4 Clerk
Passed and adopted on final reading this 19th day of
August, A.D. 1975.
ZI
Mayor
ATTEST:
City Clerk, gpiputy)
First Reading: August S, 1975 (Vote: Yeas: 6, Nays: 0)
Second Reading: August 19, 1975 (Vote: Yeas: 6, Nays: 0) '
Dates Published: August_10, 197S and August 24, 197S
Y
Attest:
Ci� k (Depi
Ordinance amended, and adopted on second reading
relating to establishing the Enterprise Fund
City Manager, Robert Brunton, spoke at length explaining the following
memo and the need to aanend this ordinance before it is adopted on
second reading.
At the August 5, 1975; Council. meeting, Ordinance No. 50, 1975, was passed
on first reading. Since that time we have bean more concerned about our
cash flow and cash crunch. Although all of the special funds and
accounts recommended 'are valuable, after review and analysis, we feel it,
would not be advanLageous to implement all of them at this time.
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The Golf Course Fund should be separate because to a large degree it is self-
contained. It does not require any revenue from the General Fund to provide
for the operation of. the Course. 'Mis is one of our few self-supporting
operations. The only deviation f.ron this is that we have used Revenue Sharing
money for some of the capital programs, we hope to do a bit more in capital
improvements at the Golf Course with Revenue Sharing funds.
The Equipment Fund is already a special fund and is self-contained from a
financial standpoint.
Although it would be good to establish a P,u:i.lding and Grounds Fund and a
Ccm,�tery Fund, we feel these should be delayed. Both account., are now in the
Gen._ral Fund. If these accounts were separated, we would need to transfer
more money as operating cash than the normal amount of addi.ti.onal revenue
needed to make up the amount between revenue received and operating expendi-
tures. In other words, if our operating loss in the Cemetery was $50,000,
we would have to transfer considerably more than $50,000 into a special
fund to build up working cash. The. money we try to retain in the General.
Fund as unencumbered cash is used to take care of our working or operating
cash money on a total basis for all accounts in the General Fund. In spite
of his recommendation, it should be fully understood that we are preparing
to male more complete reports for you in both of these areas and other areas
as to the total operating costs of these operations.
Rey :::mendsaioi;: T'he Admi.nist:-, cion r.econrends that the Cniincil amend Ordinnncc
No. 50, i.975, ? follows:
A. Delete Section 1.
B. Amend Paragraph H-1 in Section 2 to read as follows:
(1) Assets in such fund shall be segregated into separate accounts
which shall describe the purpo-;i:.. :.>r which such accounts were.
placed in the Enterprise Fund. :'.uch account -shall initially
i.ncluda a Golf Course Account. ':'he Golf Course Account shall
consist of all golf course assets in the General Fund as of the
effective date of this ordinance. The Director of Finance is
directed to identify -nd segregate such assets and to place the
same in the fund her.ehy created. To tie incli:ded in the
to be appropriated to this fund shall be all amounts appropriated
into the General Fund for the year 1975 related to the golf
courses of the city.
After amending the ordinance as specified above, the Administration recommends.
passage of the amended ordinance on second reading.
Cowicilman Bowling made a motion, seconded by Councilwoman Reeves to
amend the ordinance as reconmiended above by the administration. Ycas:
Councilmembers Bloom, Bowling, Reeves, Russell, Suinn and Wilkinson.
Nays: None.
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Councilman Bowling node a motion, seconded by Councilwoman Reeves to
adopt Ordinance No. 50, 1975, as amoncled on second reading. Yeas:
Bloom, Bowling, Reeves, Russell, Suiml and Wilkinson. Nays: None.
ORDINANCE NO. SO, 197S
BEING AN ORDINANCE AMENDING SECTION 30-2
OF THE CODE OF THE CITY OF FORT COLLINS
BE IT ORDAINED BY T11 COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Section 30-2 of the Code of the City of Fort
Collins be, and the sync hereby is, amended by adding thereto an
additional Subsection ll as follows:
"H. Enterprise Fund. There is hereby created a special fund to
be knownt as the "Enterprise Fund". Such finer -,Ball consist of
accounts representing revenue producing enterprises of the City
which the City Council desires and directs be maintained as
separate accouults.
"(I) Assets in such fund shall be segregated into separate
accounts thick shall describe the purposes for which such
accouLs were placed in the Wurprise Fund. Such accounts
sill G init illy include a Golf Course Account. The
Golf Coutse Aaccount shall consist of all q>lf course
assets in the General Fund as ct the effective date of
this ordinance. The. Director of Finance is directed to
identify y ai.c.l segregate such assets and to place the same
in the fain hereby created. 10 be included in the assets
to to .appropriated to this fund shall be all amounts
appropriated into the General Fund for the year 197S
related to the golf courses of the city.
"(2) Sitore shall be deposited to such fund such amounts as
tine City Council may from time to ti!:�e appropriate to
this fund, aril in addition, all incomo fro:n the assets
of the accounts in this fund shall become an asset of the
appropriate account in the fluted.
"(3) ILxpenditures may be made from such fund from time to time
to satisfy the purposes for which such anuunts were
received or appropriated and disbursanonts from accounts
within the fund shall be wad; only for the purpose for
which such account was created; provided, however, that
if there are aehounts in any aa:w.ntt in excess "f the an,o.::.t
rcgaircd to satisfy oche purpose o1 such account., the Wi vicil
may, by ordaoLaw, authorize the transfer of such excess
amount to any other account or any other fund of the City."
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Introduced,
published this 5th
for final passage
ATTEST:
Ci,,y C er
considered favorably on first
day of August, A.D. 1975, an
on the 19th day of August, A.
reading and ordered
d to be presented
D. 1975.
2�' / 1 ", ��" � 'e, � f '2' L �' 6, Z-/
Mayor
Passed and adopted on final reading this 19th day of
August,.A.D. 1975.
j-2
ATTEST: Mayor
City �Uty)
First Reading: August 5, 1975 (Vote: Peas: 6, Nays: 0)
Second Reading:. August 19, 1975 (Vote: Yeas: 6, Nays: 0)
Dates Published: August 10, 1975 and August 24, 1975
Attest:
A��
Ordinance adopted on second reading authorizing
the Insurance of Bonds to Pay the Cost of Construction
or ➢Rprovements in Streit Improvement District No 69
Councilman Wilkinson made a motion, seconded by Councilman Bowling to
adopt Ord uiance No. 51, 1975, on second reading. Yeas: Councilmembers
Bloom, Bowling, Reeves, Russell, Sui n and Wilkinson. Nays: None.
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ORDINANCE N0. 57 , 1.975
BEING AN ORDINANCE RELATING TO STREET IMPROVEMENT
DISTRICT NO. 69 AUTHORIZING THE ISSUANCE OF BONDS TO
PAY THE COST OF CONSTRUCTION OR IMPROVEMENTS IN SAID
DISTRICT, WHICH BONDS SHALL BE PAYABLE FROM ASSESSMENTS
TO BE MADE ON THE REAL PROPERTY IN THE DISTRICT AND
PRESCRIBING OTHER DETAILS CONCERNING SUCH BONDS
WHEREAS, the City Council of the City of Fort Collins
heretofore created by Ordinance no. 29, 1974, Street Improve-
ment District No. 69 (hereinafter sometimes referred to as
the "District") for the purpose of improving streets in the
district with curb, gutter, sidewalk, asphalt pavement and
4. street lighting for the benefit of the properties comprising
the district; and
WHEREAS, the District was formed pursuant to the provi-
sions of Chapter 16 of the Code of the City of Fort Collins
and the Charter of the Citv of Fort Collins;.and
WHEREAS, Chapter 16 of the Code of the City of Fort
Collins and the Charter of the City of Fort Collins provide
for the issuance of bonds to pay the cost of improvements in
special assessment districts, which bonds are to be repaid
through special assessments levied against the property in
the District, except that whenever three -fourths of the
bonds have been paid and cancelled, and if the remaining
assessments are not paid in time to redeem the final bonds
for the District, the City is required by Section 20.6 of
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Article V of the Charter of the City of Fort Collins to pay
the bonds when d,ie and levy additional ad valorem taxes
necessary therefor; and
WHEREAS, in order to pay the cost of the improvements
installed and to be installed in said District, it is neces-
sary to issue and sell special improvement bonds.
c+
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
L_
...... CITY OF FORT COLLINS:
Section 1.
'Definitions.
The terms
of this
ordinance
define for.all
purposes of this
ordinance
and of
any ordinance
amendatory hereto or supplemental hereto or relating hereto
or of any instrument or document appertaining hereto except
' where the context by clear implication otherwise requires
shall have the meanings herein specified.
A. Bonds - means the bonds authorized and issued
pursuant to this ordinance.
B. Coupons - means those authorized and issued
hereunder and evidencing the interest on the applicable bond
or bonds.
C. Hereby, Herein, Hereinabove, Hereinafter,
Hereinbefore, Hereof, hereto, Hereunder - or any similar
terms refer to this ordinance and not solely -to the particular
portion thereof in which such word is used.
D. Heretofore - means before the adoption of this
ordinance.
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E. Hereafter. - means after the adoption of this
ordinance.
F. Improvement District - means Street Improvement
District No. 69.
G. Project or Improvement Project - means the
improvements authorized and constructed pursuant to the
ordinance creating street Improvement District No. 69.
H. Purchaser - means such person or persons as
shall purchase the bonds from the City.
Section 2. Construction. This ordinance, except where
the context by clear implication herein otherwise requires,
shall be construed as follows:
A. Definitions include both singular and plural.
B. Pronouns include both singular and plural and ,
cover all genders.
C. Any percentage of bonds is to be figured on
the unpaid principal. amount thereof then outstanding.
Section 3. Ratification. All action heretofore taken
by the City Council and the officers of the City directed
toward the project and the issuance of the bonds hereunder
be, and the same hereby is ratified, approved and confirmed.
Section 4. Authorization of Bonds. For the purpose of
paying the costs of the project, bonds of the City of Fort
Collins in the aggregate principal amount of $360,000.00 are
hereby authorized to be issued, which bonds shall be
112
113
payable both as to principal and interest solely out of the
proceeds from special assessments to be levied against,
property in the District, except that as.provided in Section
20.6 of Article V of the Charter of the City of Fort Collins
whenever three -fourths of said bonds have been paid and
cancelled and if for any reason the remaining assessments
ct
^� are not paid in time to redeem the remaining bonds, the City
r
L2 shall pay the bonds when due and levy additional ad valorem
1' taxes necessary therefor and reimburse itself by collecting
the unpaid assessments due the district. The City pledges
irrevocably such income from special assessments to the
payment of the bonds and the interest thereon.
Section 5. Bond Details. The bonds shall be payable
to the bearer, shall be dated July 1, 1975, and due July 1,
1986. The bonds shall consist of 360 bonds in the denomina-
tion of $1,000.00 numbered consecutively in regular numerical
order from one (1) to three hundred sixty (360), inclusive.
They shall bear interest until maturity at the rate of six
percent (6%) per annum evidenced by one set of coupons
payable to bearer and attached to the bonds payable semi-
annually on the 1st days of. Jauary and July of each year
commencing July 1, 1976. Both principal and interest shall
be payable in lawful_ money of the United States of America
without deduction for exchange or collection charges at the
' office of the Director of Finance of. the City of Fort Collins.
113
113
Section 6. Prior Redemption option. Bonds shall be
subject to prior redemption at the option of the City in
numerical order on any interest payment date, upon payment
of par and accrued interest of the bond so redeemed.
Section 7. Notice of Prior Red_empti_on. As provided in
Chapter 16 of the Code of the City of Fort Collins, notice
of any prior redemption shall be given by the Director of
Finance in the name of the City;
A. By publication of such notice for five (5)
days in an official newspaper published in the City of Fort
Collins; and
B• By sending a copy of such notice by first
class mail, postage prepaid to any bond holder who has
furnished his post office address to the City Clerk within
ten (10) days after the publication required in A above.
Such notice shall specifv the number or numbers of the
bonds to be so redeemed and the date fixed for redemption
and such notice shall further state that on such redemption
date there shall become due and payable upon each bond so to
be redeemed at the office of the Director of Finance the
principal amount thereof and accrued interest to the redemp-
tion date, and from and after such date interest shall cease
to accrue. Notice having been given in the manner hereinabove
provided, the bond or bonds so called for redemption shall.
become due and payable on the redemption date so designated
114
1
0
1
115
and upon
presentation
at the
office of
the Director
of
Finance
of such called
bond
or bonds,
together with
the
appurtenant coupons maturing subsequent to the redemption
date, the City shall pay the bond or bonds so called for
redemption.
0
Section 8. Negotiability.
Subject to
the provisions
expressly stated or necessarily
implied herein,
the bonds
hereby authorized shall be fully
negotiable
and shall have
all the qualifies of negotiable
coupon paper
and the holder
or holders thereof shall possess
all rights
enjoyed by the
holders of negotiable instruments
under the
provisions of
the Uniform Commercial Code.
I Section 1. Form and Execution of Bonds and Coupons.
Each of the bonds shall be executed in the names of and on
behalf of the City and authenticated with the manual signature
of the mayor, countersigned by the manual signature of.the
Director of Finance with the corporate seal thereto affixed
and attested by the manual signature of the City Clerk. The
interest coupons appertaining thereto shall be executed and
authenticated by the facsimile signature of the City Clerk.
Said bonds and coupons bearing the signatures of the officers
in office at the time of the signing thereof shall be valid
and binding obligations of the City, notwithstanding that
before the delivery thereof and payment therefor any or all
of the persons whose signatures appear thereon shall have
' ceased to fill their respective offices.
115
116 . _ .. I .
Section 10. Special Assessment Obligations. All of
a the bonds, together with the interest accruing thereon,
shall be payable and collectible solely out of the net
proceeds received by the City from special assessments
levied against property in the district. All of such income
of the City is so pledged. The holders of the bonds may not
look to any general or other fund for the payment of principal
and interest on such obligations except that as provided in
Section 20.6 of Article V of the Charter of the City of Fort
Collins, whenever three -fourths of the bonds have been paid
and cancelled and .if for any reason the remaining assessments
are not paid in time to redeem the remaining bonds, the City
shall pay the remaining bonds when due and levy additional
ad valorem taxes necessary therefor and reimburse itself by
collecting the unpaid assessments due the district.. Such
bonds shall not constitute an indebtedness nor a debt within
the meaning of any constitutional., charger, or statutory
provision or limitation nor shall they be considered or held
to be general obligations of the City.
Section 11. Form of Bonds and Coupons. The bonds and
the coupons appertaining thereto shall be in substantially
the following form:
116
1
1
t
4
UNITED STATES OF AMERICA
STATE OF COLORADO CITY OF FORT COLLINS
STREET IMPROVEMENT DISTRICT NO. 69
F.
NO.
$1,000.00
The City of. Fort Collins, in the County of Larimer and
State of Colorado, for value received, hereby promises to
pay to the bearer hereof out of the special fund designated
below, the sum of
ONE THOUSAND and No/100 DOLLARS
in lawful money of the United States of America, at the
office of the Director of Finance of said City, on July 1,
1986, subject to call and payment, however, at any time
prior thereto, as provided in the City Charter and Chapter
16 of the Code of the City of Fort Collins, with interest
thereon from date until payment, payable on July 1, 1976 and
semi-annually, thereafter on January 1 and July 1 of each
year at the office of the Director of Finance of the City of
Fort Collins, upon presentation and surrender of the annexed
coupons as they severally become due.
This bond is issued for the purpose of paying the costs
of local improvements constructed in Street Improvement
District.No. 69 in said City.
This bond shall be callable on any interest payment
date by the Director of Finance of the City of Fort Collins
as provided in Section 16-29 of the Code of the City of Fort
Collins, which provides as follows:
"Whenever there are available funds in the City Treasury
therefor, it shall be the duty of the Director of
Finance to call in and pay a suitable number of bonds
outstanding, by giving notice for five (5) days in an
official newspaper published in the City. At the
expiration of thirty (30) drys from L-he first publication
of such notice, interest on the bonds so called shall
cease. The notice shall. specify by number the bonds
called, and all such bonds shall be paid in numerical
order. The holder of any such bonds may at any time
furnish his post office address to the City Clerk and
in such event, a copy of the publication shall be
mailed by the City Clerk to the bondholder at such
address within ten (10) days after the date of publication."
117
This bond is payable out of the proceeds of special
assessments to be levied upon the real property situate in
said improvement district especially benefited by said
improvements; except that as provided in Section 20.6 of
Article V of the Charter of the City of Fort Collins whenever
three -fourths of said bonds have been paid and cancelled and
if for any reason the remaining assessments are not paid in
time to redeem the remaining bonds, the City shall pay the
'bonds when due and levy additional ad valorem taxes necessary
therefor and reimburse itself by collecting the unpaid
assessments due the district. The amount of the assessments
so to be made upon the real estate in said improvement
district for the payment thereof, with accrued interest, is
a lien upon the said real estate :in the respective amounts
to be apportioned to said real estate and to be assessed by
an ordinance of said City, and the lien created by said
assessing ordinance, together with all, interest thereon,
penalties for default in the payment thereof, and all costs
in collecting the same, shall, from the date of the final
publication of the assessing ordinance hereafter to be
adopted, constitute a first and prior lien over all other
liens, except general taxes, in the same manner as general
taxes now provided by law.
It is hereby certified and recited that the total issue
of bonds of said City for said improvement district, includ-
ing this bond, does not exceed the amount authorized by law;
and it is further certified and recited that every require-
ment of law relating to the creation of the district, the
making of local improvements therein and the issuance of
this bond, have been fully complied with by the proper
officers of said City and that all conditions required to
exist and all things required to be done precedent to and in
the issuance of this bond to render the same lawful and
valid have happened and been properly done and performed and
did exist in regular and due time, form and manner as required
by law.
IN TESTIMONY WHEREOF, the said City of Fort Collins has
caused this bond to be subscribed by its Mayor, countersigned
by its Director of Finance, and attested by its City Clerk,
under the seal of said City, and the interest coupons hereto
attached to be attested by the facsimile signature of the
City Clerk as of the day of , 19__
SEAL Mayor
118
IATTEST:
COUNTERSIGNED:
City Clerk Tlleputy) Director of Finance
(Form Coupon)
No. $30.00
On the 19th day of August 19 75 unless the bond
to which this coupon is attached has been called for prior
redemption, the City of Fort Collins will pay to bearer
THIRTY and No/100 DOLLARS
in lawful money, of the United States of America, at the
Office of the Director of Finance of Fort Collins, Colorado,
being six (6) months' interest on its local improvement
bond, dated , 19 , issued for paying the costs
of improvements in Street Improvement District No. 69.
(Facsimile Signature) _
City Clerk
Section 12. Bond Preparation, Execution and Delivery.
The Mayor, City Clerk and Director of Finance are hereby
authorized and directed to prepare and execute the bonds as
herein provided. when the bonds have been duly executed and
sold, the Director of Finance shall deliver them to the
purchaser upon receipt of the agreed purchase price. The
bonds shall be sold at the highest price obtainable (either
above or below par) on competitive bid.
Section 13. Disposition of Bond Proceeds.
A. Accrued Interest and Premium. All moneys
received as accrued interest at the time of delivery of the
bonds from the sale thereof and any premium therefor shall
119
be deposited into the special assessment fund in an account
created for the District to apply on the payment of interest
next due on the bonds payable therefrom.
B. Capital Improvements Fund. All other proceeds
received from the sale of the bonds shall be deposited
promptly upon the receipt thereof in a separate,account
within the capital improvements fund earmarked for payment
of the expenses incurred in constructing the improvements to
be constructed in the District'.
C. Investment. Except as herein otherwise provided,
the proceeds derived from the sale of the bonds shall be
applied solely to the project. Pending such application,
the bond proceeds may be invested in such investments as
shall be proper for City funds, but the City hereby covenants
for the benefit of each holder of the bonds that,
1. Bond proceeds shall not be invested in
such manner as to result in the loss of exemption from
federal income taxation of interest on the bonds.
2. Such funds constituting in the aggregate
a major portion or more of the proceeds of the bonds shall
not be invested directly or indirectly in taxable obligations
so as to produce an adjusted yield (including permissible
adjustments for any premiums, discounts and costs) which is
materially higher than the adjusted yield of the bonds and
which results in the bonds constituting taxable "arbitrage
120
y
bonds" within the meaning of Section 103(d), Internal Revenue
Code of 1954, as amended, and the income tax regulations
issued thereunder.
3. The City shall make no use of the proceeds
of the bonds which will cause them to be such arbitrage
bonds.
4. The covenant in this section imposes an
obligation on the City to comply with the requirements of
Section 103(d) of. such Code and such income tax regulations;
but
5. Such sums may be otherwise invested if
and when such act and regulations permit the investment to
8 be made in the manner made without causing the bonds to
become such arbitrage bonds.
D. Purchaser Not Responsible. Any purchaser of
the bonds herein authorized however, shall in no manner be
responsible for the application or disposal by the City or
by its officers of the funds derived from the sale thereof
or of any other funds herein designated.
Introduced, considered favorably on first reading,
and ordered published this Sth day of. August A,D. 1975
and to be presented for final passage on the 19th day of
I August A.D. 19 7S
121
,x,z /
a or
Y
ATTEST:
CityClerk
Passed and adopted on final reading this 190h day of
August , A.D. 19 5
i>
C�z L _
NTayor
ATTEST:
City Clerk ( uty
Pirst Reading: August S, 197S (Vote: Peas: 6, Nays: 0)
Second Reading: August 1.9, 197S (Vote: Yeas: 6, Nays: 0)
Dates Published:' August 10, 1975 and August 24, 1975
Attest: er
City Clerk (Deput
Bid awarded on Sale of Bonds for Street
Improvement District No. fig
Mr. Owen Moore of Boettcher F Company, spoke at length regarding the
bonds sold for Street Improvement District No. 69. The bids were
as follows:
Boettcher $ Company, Inc.
Bosworth Sullivan $ Company, Inc.
Intorest Cost . . . . . . . . . . .$ 88,440.00
Less Premium . . . . . . . . . . . -0-
Plus Discount . . . . . . . . . . . 2S,963.00
Total Interest Cost . . . . . . . .$114,403.00
NET EFFECTIVE INTEREST RATE . . . . 7.7610
122
I
E. F. Mutton :; Couy>:111y, Inc.
Interest Cost . . . . . . . . . . .$ 88,4-W.00
Less Premium .. . . . . . . . . . . -0-
Plus Discount . . . . . . . . . . . 21,600.00
Total Interest Cost . . . . . . . .$110,040.00
NET EFFECTIVE INTEREST RATE . . . . 7.4654%
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves
to award the bid for the sale of the special assessment bonds for
Street Improvement District No. 69 to E. F. Hutton and Company, Inc.
Yeas: Councilmembers Bloom, Bowling, Reeves, Russell, Suinn, and
Wilkinson. Nays: None.
NOTE: (This was not a regularly scheduled agenda item).
Ordinance adopted on second reading regarding zoning
regulations on limited indoor recreation uses
Councilwoman Reeves made a motion, seconded by Councilman Wilkinson to
adopt Ordinance No. 52, 1.975, on second reading. Yeas: CounciLmembers
Bloom, Bowling, Peeves, Russell, Suinn, and Wilkinson. Nays: None.
ORDINANCE 4,10. • 52 , 1975
BEING AN ORDINANCE AMENDING CHAPTER 1.18
OF THE CODE OF THE CITY OF FORT COLLINS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Section 118-11 of the Code of the City of
Fort Collins be, and the same hereby is, amended by adding thereto
an additional definition, as follows:
"LIMITED INDOOR RECREATION USE -- Establishments
primarily engaged in the operation of such activities
as exercise and athletic facilities, amusement and
recreational services such as billiard and pool
parlors, dance studios, martial arts schools, arts
and crafts studios, and exercise and health clubs.,
but not including bowling alleys or establishments
which have large scale gymnasium -type facilities
for such activities as tennis, basketball and
123
competitive swimming. This definition is intended
to restrict the type of recrcntional use allo%'ed to "small
scale" facilities that would ! e :.; ..t i.b le with typical build
and uses in the Limited Business Zoning District in which this use
is allowed."
Section 2. That Section 118-61 of the Code of the City of
Fort Collins be, and the same hereby is, amended by adding to the
uses permitted in such zone under Subsection A thereof the
following:
"Limited indoor recreational uses, provided all
such activities are conducted entirely within an
enclosed structure."
Introduced, considered favorably on first reading, and ordered
published this 5th day of August, A.D. 1975, and to be presented
for final passage on the 19th day of August, A.D. 1975.
ATTEST:
j" Mayor
City Clerk
Passed and adopted on final reading this 19th day of
August, A.D. 1975,
i
ATTEST: � a
City Clerk ,puty)
First Reading:
August S, 1975
(Vote: Yeas:
6, Nays: 0)
Second Reading:
August 19, 1975
(Vote: Yeas:
6, Nays: 0)
Dates Published:
August 10, 1975
and August 24,
1975
Attest:
City Clerk (Depul x
Hearing and first reading of Ordinance No. 53, 1975.
relating to Vehicles and Traffic tabled
124
Councilman Bloom inquired into the intent of paragraph B. Chief Smith
replied to the inquiry.
Upon further examination by the City Attorney, Ramsey Myatt, it was
discovered that there was an omission in the wording of paragraph B.
Councilman Bloom made a motion, seconded by Councilman Wilkinson to
table the hearing and first reading of Ordinance No. 53, 1975. Yeas:
Councilmembers Bloom, Bowling, Reeves, Russell, Suinn, and Wilkinson.
Nays: None.
I]earing and first reading of Ordinance 5S, 1975
establishing a Pension Fund for the Police Department
City idanager, Mr. Brunton, spoke at length exTlaining the need for this
ordinance in the attached memo:
A short time ago, one.of our police officers resigned and was denied the
right of having returned to him his own personal contribution to the police
pension. The decision not to return the money was based on an appeals court
case in the State of Colorado, Members of our Police Association and Police
Department have indicated dissatisfaction with this new court ruling and
policy. Our City Attorney has been working with the Police Department
for some time trying to rectify the situation. We now feel we have come up
with a reasonable solution.
Enclosed is a copy of letter of August 7th, 1975, from our City Attorney
with regard to this ordinance. Mr. March's letter refers to an escalation
clause which has been deleted from the ordinance under consideration. Our
three pension boards are interviewing actuaries and actuarial ser✓ices to have
updated factual reports on all three pension funds. We do not feel .than: any
decision on an escalation clause should be considered until you receive
the final actuary reports. The proposed ordinance changes the composition
Of the police pension board from one police department representative to
three representatives. The Mayor, City Clerk, and Director of Finance
remain on die board as in the past. There are a number of other minor
changes, but primarily this ordinance spells out some of the State Statutes
and local ordinances in this area.
Recommendation: 'llne Administration recommends that Ordinance No. 55, 1975,
be adopted first reading.
NOTE: (For reference of Mr. March's letter of August 7, 1975,.see Central
Files).
4 125
City Attorney Ramsey Myatt, advised the Council that before the ordin-
ance is acted upon there were two blanks which needed to be filled in.
One on page 4 in the first paragraph and one on page 6 in the first
paragraph; these blanks should read "Section 14".
Councilman Bloom asked for:,l) Clarification of. Section 8-A regarding
the pension payment being one half of the salary of the retiring member
and is this consistent with the present plan? Is the fund actuarially
sowed? Mr. Cain responded that this is consistent with the current plan
and according to the last actuary report the fund is not sound.
2) Section 14-A--interest on members contribution not refundable.
City Attorney Ramsey Myatt responded that this is in conformance with
the State Statutes.
Councilman Bowling commented that not being able to refund the contri-
bution plus interest was not a problem in that one of the reasons for
a pension fund naas'to use it as an incentive to keep people on the job.
Councilwoman. Gray asked if there was a provision allowing for the
transfer of the police officer from one jurisdiction to another; the
State Statutes do allow for this.
Councilwoman }reeves inquired as to who would pay the fees involved when
a special examination was called for on a physical disability pension
request.
Councilman Suinn asked the following questions:
1) Page 2, 4th line, "All shall be voting members, including ex officio",
which means non -voting. Does this undo that stateinent?
2) Page 2, defining membership, another page has an exclusion clause
that says excluding civilian personnel, auxiliary police and cadets.
Are these three groups also excluded in the membership of this
board? Mr. Brunton stated that these persons are not members of
the fiend.
3) Page 6, Section 8-A, clarification of benefits to be equal to
monthly salary. P•layor Russell replied that disability benefits
would be paid equal to the .full salary for 6 months.
4) Page 7, Sections 9-A and 9-B--the reference to Section 14-A does
not apply. The City Attorney, Ramsey Myatt, replied that this
should be corrected to read Section 8-A.
5) Finally as a matter of reference, Section 11 has been put in twice,
one should be deleted.
126
Pj
Councilman Wilkinson inquired: 1.) into the composition of the Board
and the outcome in the case of a tie vote. Mayor Russell stated that
he casts the tie breaking vote; 2) page 7, Section 9-13, the provision
for a surviving spouse with several children and that possibility of
benefits being paid that would be greater than the member's original
salary. Mr. Cain responded that this was according to the State
Statutes.
Councilman Suinn made a motion, seconded by Councilman Bowling to
adopt Ordinance No. 55, 1975, on first reading. Yeas: Councilmembers
Bloom, Bowling, Gray, Reeves, Russell., Suinn, and Wilkinson.
Nays: None.
Hearing and first reading of Ordinance No. 56, 1975
relat:inj� to Pawnbrokers, tabled
After considerable discussion of this proposed ordinance, Councilman
Suinn made a motion, seconded by Councilwoman Reeves to insert "actin,
as an agent" following the words "law enforcement agent" in Section 1,
paragraph 73-72. Ycas: Councilmembers Bloom, Bowling, Gray, Reeves,
Russell, Suinn, and Wilkinson. Nays: None.
9
There was considerable additional discussion as to the handling and
delivery of records to the Police Department, and paragraph 73-85A,
relating to the location of the business.
Councilman Bowling :nude a motion, seconded by Councilman Bloom to
table the first reading of Ordinance No. 56, 1975. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Russell, Suinn? and Wilkinson.
.xcellart Subdivision Plat approved condi.tionaliy-
Paul Deibel of the Planning Office reviewed the plat for the Council.
The Planning staff recommendation is to approve this subdivision plat
conditioned upon approval of the utility plans.
The Planning and Zoning Board's recommendation is as follows:
Discussion:
This one -lot subdivision is made necessary by the Bxcellart Company's desire
to enlarge their N. College Ave. building in the rear. For a building permit to
be issued the rear half of the company's property must be annexed and the entire
lot made a one -lot subdivision. The ordinance requires a subdivision plat even
for the extension of an existing building to insure that any rights -of -way or
utility easements necessary to the public are established on a legally recorded
subdivision plat before construction activity takes place.
127
One of these conditions was for dedication of an additional 10' of public
F.O.W. along the frontage to allow for a 100' R.O.W. on N. College Avenue.
Although the subdivision ordinance requires a minimum right-of-way width of
100' for"major arterial streets," it also states that "The minimum right of way
width above required shall not be required in the case of any highway ft the
city designated as a federal highway . . ." (see code, CH. 99-3, B, (3)).
This provision would seem to preclude the legality of requiring the additional
R.O.W. dedication on this plat. This provision also seems to place a significant
hurdle in the way of eventual improvement of the very congested and dangerous
conditions on N. College Avenue.
This subdivision plat was considered in conjunction with annexation of the
site by the Planning and Zoning Board at its July 7, 1975, meeting. The Board
recommended approval of the subdivision conditional upon several changes recomm-
ended by staff. _ - _. . __ — _.
Recommendation:
Concerning the plat, the staff recommendation is for approval
conditional upon approval of utility plans and easements by the City
Engineer. (normally subdivisions are not put on Council agendas until
utility plans are approved. This plat was put on "prematurely" to allow
the R.O.W. issue to be heard.)
Concerning the subdivision ordinance, the planning staff would recommend
elimination of the provision exempting College Avenue from the minimum R.O.W.
standards for arterial streets.
Councilman Wilkinson made a motion, seconded by Councilman Blown to
approve tine Subdivision plat for the Excellart Subdivision conditioned
upon approval of the utility plans when they are submitted to the City
Engineer's Office. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves,
Russell, Suinn, and Wilkimson. Nays: None.
The Council also requested that the Planning and Zoning Board review
our current code requirements regarding major arterial streets and
their relationship to designated federal highways and then make recom-
mendations for change. (See Code, Chapter 99, Section 5, paragraph B-10).
City Manager, Mr. Brunton, recommended that the charge to the Planning
and Zoning Board should be "how to improve North College Avenue, what
steps should be taken, what changes to the ordinances will be needed."
Sole Source Purchase of Microfilming Equipment, approved
Councilman Blown made a motion, seconded by Councilman Wilkinson that the
purchase from Kodak for microfilm equipment in the amount of $11,994 be
approved. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell,
Suinn, and Wilkinson. Nays: None.
128
Sole Source Purchase of Electric Meters, approved
Councilwoman Reeves made a motion, seconded by Councilman Wilkinson
to approve the purchase of electric meters from the Westinghouse Electric
Corporation in the amount of: $20,279.60. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Russell, Suinn, and Wilkinson. Nays:None.
Citizen Participation
1. The Mayor recognized Mrs. Alice Tester from Rockford, Illinois visiting
with Mrs. Jane Tester.
2. Mr. Harold Engel, 1132 South Bryan, spoke of the storm drainage problem
in the area following the heavy rain on Tuesday. Mr. Roy Bingman,
Director of Engineering Services, suggested a meeting with Mr. Engel
to discuss the problem.
3. Mrs. Opal Sondburg, 1.20 South Grant, spoke of the new fences going up
in her neighborhood, the low tree limbs and the poor condition of
some of the sidewalks.
4. Mr. Bill Hanson, 1401 West Mulberry, representing the Sertoma Club.
The club is seeking permission to build a bus stop on the Northeast
corner of Prospect and 10iedbee. Mayor Russell suggested a meetin:-
between Mr. Brunton, Les Kaplan, and Mr. Hanson.
Final. site plan and Subdivision Plat of Northwood
Aparunents PUD approved conditionally
Associate Planner, Paul Deibel, described the area and review the history
of this development for the Council. The Planning Staff's recommendation
is approval. and conditioned upon the utility plans being approved. At the
Planning and Zoning Board meeting it was discovered that there is presently
an overload on the sanitary sewer trunk line which serves the drainage area.
The Public Works Department has informed the Plaiuiing and Zoning Department
that no certificates of occupancy will be issued until a relief line is in
service scheduled for the spring of 1976. The developer does not feel that
this is a problem to his construction time table.
Mr. Ralph Harden, representing the developer, Federal Projects, Inc., spoke
to the proposed project.
Mr. 'Perry Fillippi spoke to specific questions of the Council such as the
maintenance of the open spaces area.
Councilman Bloom made a motion seconded by Councilman Bowling to approve
the plat for Northwood Apartments PUD subject to final staff approval of
the utility plans, plat and site plans. Yeas: Councilnnembers Bloom,
Bowling, Gray, Reeves, Russell and Suinn. (Councilman Russell abstained)
Councilman Wilkinson out of room. 1�Tays: None.
Discussion of Master Plan for Park South PUD
Rr. Les Kaplan, Director of Planning, reviewed the action to}:en on this
plat by the Plamiing and Zoning Board, its recommendation to the County
Plaraiing Coamlission. Mr. Kaplan then explained in detail to the Council
the location of this PUD and the proposed project for the area. The
fol.lowuig is the County Planning Staff recommendation to the County
Conmlissioners:
Staff Comments
A. Impact
1) This development will be completely oriented toward the
City of Fort Collins in terms of employment, shopping, and recreation,
however, its development with district rather than City services
virtually insures it will become a hurden on l.he City and her
taxpayers in the Euture.
2) Development of this property with district services results
in a wasteful duplication of lines.
3) Development of this property will result in cost to the
County for widening Horsetooth Road, improving the existing railroad
crossing, widening the existing bridge, and improving the intersection
with shields.
Mr. Kaplan advised Council that the reason this item was before the Council
at the present time was not for review but for a recounnendation that the
City pursue any legal means to mine) this land into Fort Collins or in
some ikny to encourage the development of it to be consistent with City
design regulations. The Plaiuiing and Zoning Board recommend to the Larimer
County Planning Conmission is as follows:
Planning and Zoning Board Recommendation: Strongly unanimous for denial.
At its August 11, 1975, meeting, the City of Fort Collins Planning
and Zoning Board voted unanimously to make strong recommendation that the
master plan be denied and that the discussion of annexation of the site be
reopened with the city.
The Board is convinced that approval of the plan would not be in the
best interests of the citizens of Fort Collins and Larimer.County or of the
eventual residents of the proposal for the following reasons:
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1. The project would be a direct extension of the city's urbanized area,
which would not develop under the city's planning and engineering review
criteria. There is no guarantee, for example, that Horsetooth Road will be
improved as an arterial street as development occurs. The city likewise
would have no direct input on how the street layout of the proposal will
coalesce with the city's overall pattern. Moreover, if the area were
eventually to annex, the city would inherit any design or maintenance problems,
which the city's review requirements are geared to prevent. Residents of the
area will use city parks without ever having paid a parkland acquisition fee,
and so on.
2. The project would entail urban intensity development without the support
services required in an urban environment. The South Fort Collins. Sewer
District, by extending its lines northward, would make developmenr.at. urban._,
density possible on this site, but the County will be saddled with. the:,'; ;,
responsibility to provide urban support services, which it is ill-equipped:'"
to do. This is particularly critical in terms of police and fire protection.'
If, morever, the county is unable or unwilling to raise taxes to provide
the level of service demanded by eventual residents of the development,
the area would seek annexation, in which case the city would inherit develop-
ment with any possible design problems or less than complete public facilities.
3. Development of the project would set the precedent for additional
rezonings for urban density development in the surrounding unannexed area.
Extension of the district's sewer line into the area would make such develop-
ment feasible, :and the problems noted above would become critical, as this
pattern of development spread and was reinforced.
4. The extension of the sewer district's lines out of the Fossil Creek
drainage area and into an area already served by city sewer facilities
tends to undermine the potential for an agreement among the City, County,
and Utility Service Districts on an urban service district for the Fort Collins
area. The Planning and Zoning Board is concerned about the current situation,
in which a devloper can influence public land -use decisions by "playing
off" the City, County, and Utility Service Districts against each other.
Mr. Brwiton, City Manager, advised the Council that a meeting had been
arranged with Amos Allard and with Bill Lopez regarding this matter.
The Council members all expressed concern on the kinds of urban development
and the inherited problems, and that a meeting with the County Commissioners
be scheduled as soon as possible to find an equitable solution to these
problems.
Discussion on Consolidation of Qvertijne
Parking Areas
Director of rngineerinng Services, Roy Binmian, spoke to the discussions of
the Traffic Committee and the following problems and possible solutions.
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PARKING RESTRICTIONS AND ENFORCEISENT PROBLUIS
Problems
1. A budget issue is the possible elimination of an_additional motorcycle,: estimatedat:
$5000 per year (because of high maintenance costs).
2. The motorcycles could be eliminated only if there is consolidation of parking
restrictions in the downtown area to permit enforcement by officers on foot.
3... At present there is 2-hour, 1-hour, 30-minute and 20-minute parking. The 2-hour and
1-hour could be enforced pretty much as it presently is. However, the outlying and
,..scattered 30 minutes and 15 minutes could not be enforced effectively under this
system... -,
4. The parking restrictions in the area of Laurel and College, and farther south, could
not be enforced by the parking officers, but would have to be enforced by the patrols
the patrols are not able to mark tires; but can patrol metered parking.
5. Business people often request limited parking because of particular parking problems.
These requests will.not stop and we will have to cons.ider.each on its merits. .
Possible solutions
1. Go to foot patrol in downtown area for parking enforcement; outlying areas to be
enforced by motor patrols - recognizing th9t the level of enforcement will drop some
because of difficulty of identifying over -time parkers.
2..!Install meters where parking restrictions are necessary outside of the downtown -area,
to 'permit better enforcement:. Meters are generally self supporting in,terms of
"installation and operation.
3. Raise parking fines from the present $1 to some higher level (such as.$3).to.increase
compliance.
Chief Smith spoke of the installation of meters, downtown enforcement, and
cost of operation of equipment.
Councilman Wilkinson suggested as another possiile solution the elimination
of parking on South College which the Council has already discussed in
connection with the Downtown Redevelopment.
Councilman Suinn inquired into the proposed locations for new meters and
Division Chief Kelly advised Council that there has not been any definite
decision in this area.
Councilman Bowlin; advised that the merchants along= South College have
been meeting to discuss this problem and would be presenting their plan
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to the Council in the near future.
Councilman Bloom referred to the following letter from Scott Larrabee
and the Downtown Merchants Association:
The Board of Directors of the Downtown Merchants Association has
recently compiled data that we received on a questionnaire.tnat we sent
to all the businesses in toe downtown Port Collins area. This question-
naire centered on the parking and traffic problem that exists downtown.
Through our efforts we have discovered that the prime violators, of the
two hour parkins, are employees and some employers in the area. They insist
upon parking in front of businesses and attempt to move their cars every
two hours or feel that one or two dollars in fines is worth parking close
in. This practice of all day packers is a definite detriment to our
businesses and some action is needed.
We have formulated a possible solution and feel it would prove to be
a greater incentive for these offenders to park elsewhere. First, hire
another person, whose only job would be to mark the cars in the downtown
area. Second, along with the first, would be to make a revision in the
fining system. The 1st offense in 30 days would constitute a fine of 11.00,
the 2nd of vouid be 15.00, and the 3rd offense would be 010.00 and
the forth offense within the 30 day period would constitute a tow away.
We feel that this would prevent people from continually getting ;1.00
tickets and taking them off of their car. Ve also feel that the additional
cost of the tickets would help the City defray any additional cost for tag-
ging the cars and keeping track of their number of offenses.
::e will send you a copy of our compiled data, and we will enclose a map
of possible places where these employees might park in the future.
Your prompt attention to this matter will be greatly appreciated.
City Manager Brunton explained to the Council that it basically was an
administrative decision however, tacit approval from the Council was
needed.
Mayor Russell polled the Council and their consensus was to proceed with
the plan as outlined. I'011011-up report to be presented at 19ork Session
on September 9, 1975.
Discussion on Auditorium
Mr. Bill Holmes, City Land Acquisition Officer, introduced Mr. Doyle Snyder,
representing Stearns-noger, the architects involved with the proposed
Auditorium. Mr. Snyder talked at length about the conception of the Auditorium.
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Mr. Mel Berke, Senior Designer for Stearns -Roger, showed slides showing
the building design in coordination with the existing buildings, those
being the Lincoln Jr. High Auditoriumn Building and the Indoor Sivirmming
Pool. Mr. Berke also explained at length the design of the interior of
the building.
Mr. Jaffee from Christopher .Jaffee Accousti.cs, Inc., spoke of the program
needs and acoustics needed for this auditorium.
Mr. Jack Bartels, Production Manager from Stearns -Roger, reviewed the
probable costs for the proposed auditorium, (complete report in Central
Files), both for new construction and remodeling.
Mr. Preston Davis, Chairman of D'PZ spoke in support of the plans submitted
by Stearns -Roger.
Ntc. Bruce Freestone, Director of the Open Stage, asked for an explanation
regarding the amount set aside for equipment.
Dr. Harry Uiifug, a member of the Fort Collins Symphony, stated that the
first impression is very favorable.
Mr. W. A. Schwartz, Director of the Fort Collins Symphony, stated he could
see no major problems at the present.
Mr. Porter Moods of the University stated that this facility would. not help
the academic program at the University, but a good facility for the City.
Mr. Jim Doyle, Director and Producer of the Northern Colorado Experimental
Theater, complimented the architects in that this was one of the most
workable community theaters lie has ever seen.
Ms. Sheila .Jennings, Director of the Children's Theater, spoke to the "black
box" and its equipment.
Mr. Robert. Bratty from the University spoke to the requirements of the
University and the needed teaching space if this were to be a shared facil-
ity. Councilman Bowling inquired of Mr. Bratty if Colorado State University
would help to fund this facility? Council was informed that there were no
monies available to be applied to the Auditorium. Help would have to be
supplied in the form of services.
Mr. .Jaffee responded more in detail to the equipment and the "black box"
question.
Mayor Russell polled the Council for their comments:
Councilman Wilkinson address the problem of how to get an auditorium and
the possibility of a. City Hall Auditorium complex.
Councilman Suinn stated that having received the projections of revenue
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and projected expenses in the 7-year Capital Improvement Projects, the
Audi.toriun is not the only improvement that will be under consideration.
Counci.1iinn Suinn also inquired into the Phase l and Phase lI planning.
COUnCiN0111an Reeves inquired of. Stearns -Roger if all of Phase I were
needed immediately or if it would be spread out over a long period of
time,
Mayor Russell inquired into the design of the secondary lobbies and the
versatility of the air conditioning and heating units.
Councilwoman Gray inquired into the air conditioning and the phasing,
particularly in the "black box" area, Mrs. Gray stated that her concerns
Primarily are that the phasing has been well thought out, and are the
optional items really optional or are they necessary.
COu1Ci_lma11 howling stated be preferred not to address the budget or plans
as presented but rather when the f.i.inal plans were presented he would then
address the matter. lie did address the concept of the auditorium and the
7-Year Capital. Improvement Program..
Councilman Bloom addressed the on going cost of continuing the auditorium
after construction and the costs for continuing the Capital Improvement
Program adding that a very cautious approach be followed. Councilnman
Bloom asked the Architects if Phase I and Phase A could be reversed.
Mr. Frank Johnson thanked the representatives from Stearns -Roger and, Mr..
Jaffee for their tune and the presentation to the Council.
Other Business
Mayor Russell read into the record a letter :from Mrs. 1-- F. Monroe who is
desirous of giving to the City a memorial in honor of her late husband,
Mr. Edward F. Monroe. (Copy of letter in Central Files.)
adjournment
Councilman SuiTun made a motion, seconded by Councilman Bloom to adjourn tine
meeting. Yeas: Councilmem'oers Bloom, Bowling, Gray, Reeves, Russell, Suinn
and Wilkinson. Nays: None.
Myer -
ATTEST :
Deputy (':i t:y C (c, k "
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