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HomeMy WebLinkAboutMINUTES-09/16/1975-Regular162 �. September 16, 1975 C0 NCIL OF CITY of Fold' col'.LIN:S, col"ORA X) 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 OIL TUcSClay, September 16, 1975, at 5:30 P.M. in the Council Chambers in the City of Fort Collins City Hall. Mayor Russell called the moct.i.ng to order noting the Following Camcilmembers present: Bloom, Bowling, Gray, Reeves, Russell, Suisun and Wilkinson. Staff members present: Brunton, 13:ingman, Kaplan, Cain and Lewis. Also: City ,attorney Art March, Jr. MinuCes of September 2, :1.975 Reg_iiux Meet.ing, Alhorovat as_ Ublished _�_—_---- Councilman Bloom mride a motion, seconded by Councilman Wilkinson to apilCI)ve the minutes of the September 2, .1975 regular meeting as published. Yeas: Councilmembors Bloom, Bowling, Cray, Reeves, Russell., Suin:n and Wilkidiscnl. i'J;!ys: N:uul. Ordin:Iuce Adopted on Second Reading huendi.ng the Traffic Code Co"ncilwonmv Gray made a minion, seconded by CouIlcilman Bloom to adopt. Ordinance No. 53, 1975.on second reading. Yeas: Counc:i_lmembers Bloom, Bowling, Gray, Recves, Russell, Su.inn and Wilkinson. Nays: Nor,. O1Ml1Nth!Ch NO. S3, 1975 13I1.R, G AN ORDINANCE P.MENDTNG SEC110N '1.14-1.6 OF THE CODE. OF THTi CITY O'F FORT COLLINS REUVI'I.NG TO VF111CLES AND TRAFrIC 13F IT ORDAINED 13Y Ti-m COUNCIL OF T111i CITY OF FORT COLLINS: That Section 114-16 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "s114-16. Alleys, driveways, buildings or other entrances to streets. �-162 163 A. The driver of a vehicle emerging from any alley, driveway, building, parking lot or other entrance to a street or -- roadway shall stop such vehicle immediately prior to driving onto a sidewalk or into a sidewalk area extending across anv alleyway, driveway or other entrance: to the street and shall yield the right of way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right of way to all' vehicles approaching on such roadway. "B. The driver of a vehicle emerging from an alley, driveway, building, parking lot or other entrance to a street or � , roadway in a business district shall, except when entering r a one-way street, only turn such vehicle to the right if CL7 appropriate signs so indicating are posted in such alley. =i+ " 0 The driver of a vehicle entering an alley, driveway, harking lot, or other entrance to a street or roadway shall yield the right of way to any pedestrian within or about to enter the sidewalk area extending across such alley, driveway or entrance." Introduced, considered favorably on first reading, and ordered publYnhyd this 2nd day of September, A.U. 1975, and to be presented for final passage on the 16th day of September, A.D. 1975. Mayon— AZITIF: City Clerk Passed and adopted on final reading this 16th day of September A.D. 1975. ATTEST: avor C!'Ey C erk L� 163 16� First. Reading: September Z, 1975 (Yeas: 7, Nays: 0) Second Reading: September 16, 1975 (Yeas: 7, ;`lays: 0) Dates Published: September 7, 1975 and September 21, 1975 Ordinance adopted on Second Reading relating to wnt:ar main Improvement District No. 6 Councilwoman Reeves Made a motion, seconded by Coiuicilman Po.al:ing to adopt Ordinance No. 54, 1975 on second reading. Yeas: Cotmci.lmcmbers Bloom, Bowli.n";, Cray, Rccves, Russell, Su:i.nn and Wilkinson. Nays: None. ORDINANCE NO. 0 , 1975 BEING AN ORDINANCE RELATING TO PLATER MAIN IMPROVEMENT DISTRICT NO. 6 AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF CONSTRUCTION OR IMPROVEMENTS IN SAID DISTRICT, WHICH BONDS SHALL BE PAYABLI: FROM ASSESSMENTS TO BE MADE ON THE REAL PROPERTY IN THE DISTRICTT AND PRESCRIBING OTHER DETAILS CONCERNING SUCH BONDS VHE.RBAS, the City Council of the City of Fort Collins heretofore created by Ordinance no. 31, 1974, Water Main Improvement_ District No. G (hereinafter sometimes referred ' to as the "District") for the purpose of installing water mains to provide water service to properties in the District; and UBPEAS, the District was formed pursuant t.o the provi- sions of Chapter.16 of the Code of the City of Fort: Collins and the Charter of the City of Fort Collins; and WHEREAS, Chapter 16 of the Code of the City of Fort Collins and the Charter of the City of Port 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 ' 164 165 bonds have been paid and cancelled, and if the remaining assessments are not paid in time to redeem the 'final bonds .1 for the District, the City is required by Section 20.6 of Article V of the Charter of the City of Fort Collins to pay the bonds when due and levy additional ad valorem taxes necessary therefor; and WHE EAS, in order to pay the cost of tyre improvements c±� in.stal.l.ed and to be installed in said District, it is noses-- M 1 s:ary to issue and .sell special improvement bonds. NOW, THEREFORE, BE 'IT ORDAINED BY THE COUNCIL OF THE; CITY OF. PORT COLLINS: Section 1. Definitions. The terms of this ordinance define for all, purposes of this ordinance and of any o.t:dinance amendatory Hereto or supplemental hereto or rel.atinq ,`ir-_-reto or of any instrument or document appertaining hereto except where the context by clear implication otherwise requiras shall have tkre meanings herein specified. A. Bonds - means the bonds authorized and issued pursuant to this ordinance. B. Coupons - means those authorized andissued hereunder and evidencing the interest on the applicable borul or bonds. C. Hereby, Herein, Her.einabove, Here.inafter,. 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. 165 n � D. Heretofore - means before the adoption of this ordinance. E. Hereafter - means after the adoption of this ordinance. k'. Improvement District - means Water Main Improve- ment District No. 6., G. Project- or Improvement Project - means the improvements authorized and constructed pursuant to the ordinance creating Water Main Improvement District No. 6. H. Purchaser - means such person or persons as shall purchase the bonds from the City. Section 2. Construction. This ordinance, except where the coht.i:;cL- by clear implication herein otherwise requires, shall be construe? as follows. A. Definitions include both singular and plural. ' B. Pronouns include both singular and plural and Cover all ganders. C. Any percentage of bonds is t0 be figured oil LJvl unpaid j,rincipai amount thereof then Outstanding. Section i. Ratification. All action heretofove taken by the Ci.:_, 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 r_onfirmad. 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 $54,000.00 are hereby authorized to be issued, which bonds shall be 165 167 1 CY: Fj u 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 Ci.ty.of Fort Collins whenever three -fourths of said bonds have been paid and cancelled and if for any reason the remaining assessments are riot 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 it elf 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 51 bonds in the denomina•• tion of $1,000.00 numbered consecutively in regular numerical. order from one (1) to fifty-four (54), inclusive. They shall bear interest until maturity at the rate of six percent (6%) per annum evidenced by one set of coupons payable to hearer and attached to the bonds payable semi. -annually on the Ist 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 deduc- tion for exchange or collection charges at the office of the Director of Finance of the City of Fort Collins. m. 167 168 Section 6. Prior Redemption Option. Bonds shall he subject to prior redemption at the option of the City in numerical order oh any interest payment date, upon payment of par and accrued interest,of the bond so redeemed. Section 7. Notice of Prior Redemption. As provided in Chapter 1G 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 (1.0) days; after the publication required in A above. Such notice shall specify 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 shrill 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 ha_relnabove provided, the bond or bonds so called for redemption shall r--! become due and payable on the redemption date so designated' ' 168 J 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. Section ©. Negotiability. Subject to the provisions M r,: expressly stated or necessarily implied herein, the bonds hereby authoi:ized shall be fully negotiable and shall have all the quali.f.ies 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. Section ; Form and. Execution of Bonds and Coapona. Each of the bonds shall be executed in the name of and on behalf of the City and authenticated with the manual si"gno'Cure 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. 169 7(t) Section 1.0. S,pc.ci_al Assessment Obligation._. All- of the bonds, together with the interest accruing thereon, shall be payable and collectible solely out of the n,t proceeds received by the City from special assessments levied against property in the District. All of such in•^.olne of the City is so pledged. The holders of the bonds may not look to any general or other fund for the payment of princ9.pa:L and interest on such obligations except that as provided in Section 20.6 of Article V of the Charter of the City of fort n Collins, whenever three, --fourths of the bonds have been paid and cancelled and if for any reason the remain-inc are not paid in time to redeem the remaining bonds, tlwr shall pay the re.m rnrng bonds When due and levy additional ad valoreAl 'taxes neces Gary thtarefor and r_e:i.mburse i.tself by CC I.iLct. i.l]CJ tl]e unpaid assesrinents due the district. S,Ici"t bonds s.hal.l not constitute an indebtedness nor a debt within L1_,c meani.rg of any constitutional, chartar or. staff lrto*:.,, provision or limitation nor shall they be. considered c; hel.:, to be general obligations of the City. Section 11. Form of Bonds and COUDOr1S. The bonds and tire, rcu.pons ar-pertairu.ng thereto shall be in subs tant.i.all.y the following form: 1,0 171 UNITED STATES OF AMER ICA STATE OF COLORADO CITY OF FORT COLLINS WATER MAIN IMPROVEMENT DISTRIC.i NO. 6 BOND NO. $1,000.00 r- The City of Fort Collins, in the County of LaAmer 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 :.L 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. Charter 16 of the Code of the City of Fort Collins, with intece t. thereon from date until payment, payable on Ju:iy 1. 1976 and semi-annually, thereafter on January 1 and July Io f each. year at the office of the Director of Finance of do Cicy of Fort Collins, upon presentation and surrender of the anne;red coupons as they severally become due. This bond is issued for the purpose of paying the costs of local improvements constructed in Water Main Improvement. District No: 6 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 Fcrt 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) days from the 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 M address within ten (10) days after the date of publication.0 171 172 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 t.r:ti c l.e V of the. Charger of the City of Fort Collins whenever three -fourths of said bonds have been paid and cancel..led 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 he 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 puhlication of the assessing ordinance hereafter to be z,doptcd, constituL a first and prior lien over all other except general taxes, in the same manner as general Laves 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 - sent 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 offi_ccrs V said City and that all conditions roquired to exist and all things required to be done precede:rt 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 TEST.'IMONY WHEREOF, the said City of Fort Collins has caul _d 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 "�-----� 172 1 I 1 173 ATTEST: COUNTERSIGNED: City Clerk Director of Finance (Form Coupon) No. $30.00 On the day of 19 , unless the bond Mto which this coupon is attached has been called for prior i redemption, the City of Fort Collins will pay to bearer :.L THIRTY and Nn/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 Water Main improvement District No. ;.. (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 173 174 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't.he project. Fending 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 re3ult in the loss of exemption from fedoral 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 mater:ially,higher than the adjusted yield of the bonds and which results in the bonds constituting taxable "arbitrage. f' 174 175 1 1 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 he 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 thig ,9 day ofc p A.D. 19- and to be presented for final passage on the day of i a 2_t as t&Z61 1! . D . 19j*,. ATTEST: --v�,:�.-.�4:=ter Cr-y Mork. 175 rz Mayor i 17 v Passed and adopted on final reading this 1Gt.li day of SeYtem pr , A.D. 1975 �N�ayor ATTEST: 9 city G1.erk a C First Reading: September 2, 1975 (Yeas: 7, Nays: 0) Second Reading: September 16, 1975 (Yeas: 7, Nays: 0) Dates Published: September 7, 1975 and September 21, 1975 Ordinance Adopted on Second Reading Transferring the Sure of $6,359.73 from the Genera]- Fund to the Fire Station Construction Account of the Capital Lnin_ovement. Fetid Couili:l.LW0lltan Reeves made a motion, seconded by Councibitan I3'.i.00m to adopt. OidinalliQ No. 57, 1975 on Second reading. Yoas: Co.lnclilil:2llibers Bleem, Dowling, Gray, Reeves, Russell, Suinn and Wilkinson. Hays: None.. ORDINANCE NO. 57 , I975 " BEING AN ORDINANCE TRANSFERRING THE SUM OF $6,359.73 FROM THE GENERAL FUND TO THE FIRE. STATION CONSTRUCTION ACCOUNT OF THE CAPITAL IMPROVEMENT FUND WHERFAS, Leretofore the City of Fort Collins constructed a fire st.nVon headquarters at the corner. of Mulberry and Vararson in the City; and WHEREAS, such station was constructed with funds in what was then d.signated as the special capital. :improvement_ fund; and WHEREAS, the actual acquisition cost of such station enceeded the amount on hand in such fund for such purpose and therefore a. deficit account for fire station construction exists within the capital improvement fund in the amount: of. $6,359.73; and WHEREAS, it deficit and the CQy; and is necessary and desirable to eliminate such same should be paid by the general fund of: the 176 III Ll WHEREAS. actual revenue realized during the year 1975 exceeds the budget estimates for such year by more there :1;6.359.73 and Section 15 of Article V of the Charter of the C.tv of. "or, - Collins authorizes the: appropriation of such e:: c ass rc:=,I:r,nes by ordinance to any purpose recommended by the C:i.ty It<laasl, "' for expenditure during the budget year, and the City r^. Ilt.nnl a recommended the within approp):•i.ation. NOW, TIIEREF0RE, 15E IT ORDAINED BY TF1E C0UNICIL OF 'PIIi- CITY OF FORT COLLINS that there is hereby appropr'i._itod frog+ IJ,Ie p,ener. A fund for expenditure into the fire station construction account of: the capital. ilnprovemen.t fund the amount o1: r6,35,.7j. cy- Tntroduced, considered favorably on first r.eadi_u�;„ -uid v ordcr.ed published this �- ) day of Sr ;t .tuber. A.1i. :1975 h, Y _� L,._ ,._____�, and t_o be presented for final passage on the ._Clz_'_ d;-1y 012 - "i-r.°A>> A.D. 1975. ) "sty U cri, Passed and adopted on final reading this 16 L-, cf A.D. 1975. _. a.ty Pit'st Reading: Scpt:emi;er 2, 1975 (Yeas: 7, Na)Is: 0) Second Readi.0 S_cptewber 16, 1975 (Yeas: 7 D;', Q) Dates Published: September 7, .1975 and Septeber 11, i975 Ordiliance adopted on Second Reading !,ppropr:iat.:i.rlg 1'10,111 Ill,-, General.. Fund the Siun of $1Q,Ol)0 CoT rcl ald i::-,-penditure frolll the Ceinll!illlity 1',dllt;,it1'Jn fi(CUU"t of the Ti us t P1111d (,Ol.11liallnall SUlllll 111.1CIe a motion` lscclndcd 1)), Coi.incllilarl IV1ikins01 1:0 adopt 11975 O71 $'CGl1C1d:U7 , YCflS: l.Cii lliC.l. hi!91,i1,e l';S tl t'Jia, Bolding, Gray, Reeves, Russell, Suinn eld iYil.kinson. Nays: None, ORDINANCE NO. 58 1975 $EINC Al'! ORDINANCE APPf?(TPRIATfNG I-PON Till; GENEL.AL FUND THE SUM OF $10, 000. 00 FOR TO AND EXP :NDITTIRE FROcl THE C0HHUNITY EDUCATION ACCOUNT OF THE TRUS'C FUND t.� 1''/ 7 17R rr� WliEREASv the City Council has authorized a joint program t` to be conducted by the City in cooperation with Poudre School. District R-1 for community education; and WHEREAS, the City Cbunci1 desires to allocate funds for such program to an account for such purpose to be established in the trust fund; and WHEREAS, actual revenue received by the City of Fort Collins during the year 1975 exceeds the budget estimate for such year by more than the amount herein appropriated, and. Section 15 of Article V of the Charter of the City of Fort Collins authorizes the appropriation of such excess funds by the Council to any purpose recommended by the City Manager for expertditute rlur.ing the budget year; and WHEREAS, the City Manager has recommended the within appropriation. NOW, THEREFORE, BE IT ORDAINZD BY TEE COUNCIL OF THE CITY OF FORT COLLINS that the sum of $10,000.00 be, and the same hereby + is, appropriated from the general fund for expenditure and transfer into an -account in the trust fund to be dennwi=.Wd Ph c':rv'.11UnitY education account.. Introduced, considered favorably on first reudi.nr, and ordered published this �? .,� by of-_Si:ptembcr A 1). 1975, a.0 to be presented for. final passage on the � r�ti day of ��/ r � A.D. 1975. / X'_% Mayor City Clerk Passed,and adopted on final reading this i�,111 day of S ,t:cm r A.D. 1975. ATTEST: � ay'or Ctit:y Clerk First Reading: September 2, 1975 (Yeas: 7, Nays: 0) Second Reading: September 16, 1975 (Yeas: 7, Nays: 0) Dates Published: Septcmber 7, 1975 and September 21, 1975 Ordinance Adopted on Second Reading Transferring the Sum of $266,375 from the Seven Year Capital Improve - Mont Fund to the General hind `.. 178 III 1 179. Councilwoman Reeves made a motion, seconded by Councilman Bloom to adopt Ordnance No. 59, 1975 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 59 , 1975 BEING AN ORDINANCE TRANSFERRING THE SUM OF $266,375.00 FROM THE SEVEN-YEAR CAPITAL. IMPROVEMENT PROGRAM ACCOUNT OF THE. CAPITAL IMPROVEMENT FUND TO THE GENERAL FUND TV WHEREAS, heretofore the City of Fort Collins has received r from the Department of Housing and Urban Development of the Federal M Government a grant in the amount of $300,000.00 in connection with the City's acquisition and construction of an indoor municipal swimming pool; and WHEREAS, said amount when received was placed in the seven- year capital improvement program accotuit of the capital improve- ment fund; and C WHEREAS, the payments for such indoor swimming pool by 'he City were made primarily from moneys appropriated from th eneral fund of the City; and WHEREAS, the sum of $266,375.00 remains on hand in the seven- year capital improvement program account of the capital improve- ment fund, which amount represents funds received from the IiUD grant for the swimming pool and which amount should be transferred to the general fund to reimburse the general fund for expenditures made by that fund in the acquisition of the swimming pool. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the sum of $266,375.00 be, and the same hereby is, transferred from the seven-year capital improvement program account of the capital improvement fund to the general fund. Introduced, considered favorably n first reading, and ordered published this day of 1975, 14 d to Be presented for anal passage oigTffe-,��U day of A.A. 1975. ATTEc-T- City Clerk Mayor 179 F8o Passed and adopted on final reading this %` day of September A.D. 1975. 9 ATTE%T: O Mayor itC'" y-G�`le�rk First Reading: September 2, 1975 (Yeas: 7, Nays: 0) Second Reading: September 16, 1975 (Yeas: 7, Nays: 0) Dates Published: September 7, 1975 and September 21, 1975 Ordinance adopted on Second Reading Relating to the Surplus and Deficiency Funds for S2ccial Improvements Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 60, 1975 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 60 , 1975 BEING AN ORDINANCE TRANSFERRING SURPLUS FUNDS NOW ON HAND IN THE ACCOUNTS OF CERTAIN SPECIAL IMPROVEMENT DISTRICTS TO THE SURPLUS AND DEFICIENCY ACCOUNT OF.THE SPECIAL ASSESSMENT FUND WHEREAS, Section 20.6 of Article.V of the Charter of the City of Fort Collins provides in part (b) thereof that when all outstanding securities for a special or local improvement district have been fully paid and money remains to the credit of the district, such surplus funds shall be transferred to a surplus and deficiency fund; and WFU:REAS, the outstanding securities for the imprave:me•ar- districts hereinafter set forth have been paid and such spec!�� improvement districts still have to their credit the amounts of cash hereinafter indicated, to -wit: Name of Improvement District Surplus Cash On Hand and Street Improvement District No. 55 _ $28,316.19 Street Improvement District No. 56 12,019.34 Street Improvement District No. 57 11,814.72 Sidewalk District No. 1 757.75 Sidewalk District No. 2 214.92 Weed District No. 1 1,343.97 181 c*: 1 1 tTHEREAS, such surplus funds should be transferred to the surplus and deficiency fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the amounts set forth above be, and the same hereby are, transferred from the particular i_mprovemenr_ district- in which such funds are now located to the surplus and deficiency account of.the special improvement fund. Introduced, considered favorably on first reading, and ordered published this �7. day of A.D. 1975, and to be presented for final reading on the al C_? day of. A.D. 1975. ATTESTi Mayor'' IZz City Cberk Passed and adopted on final reading this 16th day of September . A.D. 1975. ATTEST: City Clerk Mayor First Reading: September 2. 1975 (Yeas: 7, Nays: 0) Sccond Reading: September 16, 1975 (Yeas: 7, Hays: 0) Dates Published: September 7, 1975 and September 21, 1975 Ordinance Adopted on First Reading Annexing to the City of Fort Collins the Willox Heights Annexation At its September 2, 1975, meeting the Fort Collins City Council discussed the question of the annexation of the Willox Heights property. This yopeyty consists of 18.6 acres located north of W.illox Lane between North Colluge Avenue and LindeHmeier Road. The property owners already have C-Conmrerc.ial zoning in the County. They had petitioned the Larimer County planning Commission for an approval of a subdivision plat. Both the Fort Collins Planning and Zoning Board and the Fort Collins City Council recommended for denial of this subdivision. At its July hearing, the Larimer County Planning Commission voted to deny this subdivision proposal stating that: the properly should be annexed W developed in the City. It was further recommended by the Larimer County planning Commission that this property be zoned C-Commercial as it now is zoned in the County. The small piece 181 Id M in the southeast area of the City that is on the south side of the ditch would be zoned H-B Highway -Business zoning. There were several suggestions from the Council members including the possi- bility of including a landscaped buffer strip around the south and east sides of the property. '!Tie owners said they would look into this matter. The City Council voted for approval of the annexation of this property with C-Commercial zoning and requested the City Attorney to prepare the necessary annexation and zoning ordinances. Councilman Wilkinson made a motion, seconded by Councilman Suinn to adopt Ordinance No. 61, 1975 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Ordinance Adopted on First Reading Zoning the Willox Heights Annexation The zoning for this annexation is C-Commercial with the exception of a small piece on the southeast, south of the ditch which is zoned 11-B 1iighway.-Business. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 62, 1975 on first reading. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: Councilwoman Gray. Ordinance Adopted on First Reading Creating an Account Within the Trust Fund to be Known as the Community Devel- opment Block Grant Account 11x City of Fort Collins was recently the recipient of,a $200,000 grant from the Department of Housing and Urban Development. When this money was.t1rantod,wider the Community Development Program Discretionary Funds, "it W-as oar-maikbd for a housing rehabilitation program in the Andersvnvillc, Alta Vista area. We are hoping to receive additional funding from the Colorado State Division of !lousing. It is necessary to place this money in a separate fund. We have recently assigned on a leave basis one of'our senior planners, Jim Woods to be project director. Mr. Woods has been spending most of his time in the Planning Department on various aspects of our housing studies. He will be reporting to John McGraw, Ihmian Resources Director. We do not expect to be spending any City funds on this project at the present time. In fact we expect to get a pro-rata share of John McGraw's salary transferred to the General Fund and the other salaries will be paid directly from the Coimiunity Development Block Grant Fuiui. Councilmembers expressed concern in the area of administrative costs and recommended that they be kept as low as possible. Councilman Suinn made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 63, 1975 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson.. Nays: None. 182 183 1 so cY' t._] 1 1 n Recojmuendati.on of Administration Regarding Changes in Surety (Fidelity) Bonds for Cit,, EmplaKees approved Several months ago, our City Auditor requested that we update and improve our Fidelity Bond and Surety Pond Program. There has been a great deal of confusion and ineg0ti.es in our entire Fidelity Bond Program. Part of our programs are wiltten by three different underwriters with no correla- Lion be'l-- eon coverages. .in other cases, there is no relationship between. the eunount of financial exposure and the. amount of coverage. In order to correct this, we are proposing a new blanket fidel.i.ty insurance program for all City employees. Prinarily, this new coverage would include $25,000 coverage For all. employees plus additional $100,000 for the areas of highest exposure; namely, the Director of Finance, the Assistant. Director of Finance, and the Utility Office Manager, and an additional $2S,000 coverage for the Purchasing Agent, City Attorney, and City Manager. 'Phis insurance would be written as a part of our general :insurance package. Since L.C. lvilson already has our insurdree package, we are: recoinunending that we proceed with than until the next time this item is bid. It is estimated that this additional coverage will cost the City between $1,500 and $2,000 more per year. If the Council accepts our proposal, we would have to pass two ordinances repealing sections in our present Code. Ordinance No. 65 repesnls a sccaien relating to Surety Bond requirements for public municipal and public: ut.ilivy employees and Ordinance No. fib repeals the; section requiring specific cover- age for the City C1ork. In the case of utility personnel, no spowif r.. coverage is required. In the case of the City Clerk, the present ordin:dnco requires coverage in the amount: of $7,500. It. will take considerable time to review our general surety bond requi_rr,- ments relating to licensed occupation and the like. This would regnire possible changes in many ordinances. Ile will have a progress report 'Co you on l.his subject by the first meeting in ja naary 1970. Reconncndation: The A(bid ni.stration recommends that the City Council zipprme, ti,c.7— V insurance coverage; namely, a $25,000 blanket policy on all. City employees plus an additional $100,000 coverage for the: Finance Director, Assistant Finance Director, and Utility Office Manager and an additional $25000 coverage for the Purchasing Agent, City Attorney, anti City bhwager, and authorizes the City Administration to implement this coverage through L. C. Wilson Agency. The Administration further recommends that Ordinance No. A 1975, be adopted on first reacli.ng and that Ordinance No. Q, 1975, be adopted on first reading. Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve the recommendation of the administration. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell. Suinn and Wilkinson. Nays: None. Ordinance Adopted on First Reading Repealing Section 11-3 of the Code of Ordinances 183 18 Councilman Rowli.ng made a motion, seconded by Councilwoman Cray to adopt Ordin(ancc No. 65, 1975 on first reading. Yeas: Councilniembers Bloom, Bowling, Gray, Reeves, Russell, Suirm and }JI'Xinson. Nays: None. Ordinance Adopted on First Reading Repealing Section 2-2_of the Code of Ordi^nauces _! COLUACillilan Wilkinson made a motion, seconded by Councilman Bowling to adopt Ordinance No. 66, 1975 on first reading. Yens: Counc:iinombers Bloom, Bowling, Gray, Reeves, Russell, Suirm and Wilkinson. Nays: None. Ordinance Adopted on Second Reading Amending Section 118-83 of the Code of the City of Fort Collins Relating to Unit Devc1-_axnelrt> ^_---_---- --- At its September 2, 1975, meeting the Fort Collins City Council adopted Cho PUD ordinance on first reading. A question was raised as to the possible conflict in the various sections of the open space requirements found in. item d. (1) on Page 16, Part (a) requiring that open space shall comprise at least 30 percent of: the total gross area of the planned unit development. I111d.C1' I'cf1'i,: (d), it states that recreational facilities or structures and their accessory use located .in common recreational areas sh&l be considered open sp:ac:e as long as the total impervious surface coast_ Cotes no l;nor'e than 5 percent of the total open space. It. was Celt that this could he clarified if we delete the words "cannon recreation" from Part (d) and :insert the word 11pproved." , After additional study, we w)uld further recommend that the allowable credit for such facilities be increased from 5 percent to 10 percent. one final would be to insert the words "arty residential" bPi:oro du' words jimi led unit development" in subsection (1.) (a) oil page 16 of the ordinance. This is necessary because open space require- monts do not apply to other than residential developments. Cot ci.livin KLIkinson made a motion, seconded by Councilman Bolling, to AiIICnCi. Orinince No. 39, 1975 by deleting the words "canmoIl recr CJ.tloil" aliCl iU[intitut:.11,:_ the word, "approved" in paragraph (d) on page 1.6; by ,Substituting "ten percent (10%)" for "five percent (✓o)" in paragraph (d) on page 16 and by inserting the words "any residciti.a " before the words "Planned writ development" in subsection (1) (a) on page 16 of the ordinance. Collneilinan Wilkinson made a motion, seconded by Cowlcilinan Bowling to adopt: Ordinance No. 39, 1975 as amended on second reading. Yeas: Council - members I3locm, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. UR11INYV,!CE NO. 39, 1975 BEING AN ORDINANCE AD1 NDING SECTION 11.8-83 OF Tll% CODE OF 'I11E CITY OF FORT COLLINS RtiViTING TO UNIT DF.VELOPML:N1'S UNDER 'IME, T ZONING ORDINANCE: ``�� 184 185 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section. 1. That Section 118-83 of the Code of the City.of Fort Collins be, and the same hereby is, amended to react as follows: "511.8-83. Unit Developments. "A. Definition and Purpose of Unit Developments. "l. Definition. A Unit Development is a project located on at least. two (2) acres of land rr including usable open space for the mutual benefit of the entire tract designed to provide: M variety and diversity through the variance of normal zoning and subdivision standards so that :i. maximum long-range benefits can be gained and the unique features of the development or site preserved and enhanced while still being in harmony with the surrounding neighborhood. "2. Purpose. The purpose of these provisions regarding unit development is to encourage flexibility, innovation, and variety in tl e: development of land in order to promote its most appropriate use; to improve the design, character and quality of new development; to facilitate the adequate and economic provi.siou, of streets, uti.lities.and government services: to achieve beneficial land use relationships with the surrounding area; to preserve the unique, natural and scenic features of the landscape; and to preserve open space as development occurs. This section shall be interpreted :in order. Co achieve these purposes. "B. Special Requirements. The following special requirements shall apply to any unit development. "l. The tract or parcel of. Land involved shall be either in one (1) ownership or the subject: of an application filed jointly by the owners of all the property to be included. "2. Residential unit developments in the R-P, Planned Residential District, may have a maximum density not to exceed twelve (.12) units per acre, provided that the :Lot area shall be at least three times the total floor area of: residential development:. The maximum overall density of residential unit developments in all other residential zones shall t� 135 be based upon the minimum area of lot requirements set forth for the applicable coning district. The Planning and Zoning Board and the City Council shall have the right to establish general design standards which shall apply to any unit devel.op-- ment plan based upon such factors as. height, proposed housing type, unique features of the site and the surrounding neighborhood. The maximum density in any district shall not be allowed as a, matter of course and the actual density for any unit development shall be as determined in the unit development plan finally approved in accordance with the purposes and requirements of this section. "3. The final approved unit development plan shall specify the manner of holding title to areas and facilities of joint use. Normally such areas and facilities shall be retained in title by the developers of the unit development or deeded to an organization composed of all owners in the development. "C. Procedure. A unit development plan shall be processed in uhree stages: (1) conceptual review, (2) preliminary plan, and (3) final plan. Each stage shall be processed through the authorities in the order indicated in the following table. Conceptual Review Preliminary Plan Final Plan i1 ility Plans Final Plan Staff P&Z Board c ty Council X X K X — X X _ t X "I. Conceptual Review. This stage of processing is designed to allow exchange of information between proposed developer and City staff. Each applicant shall confer with the Director. of. Engineering Services, the Planning Director and other depart- ment heads involved in connection with the prepara- tion of the planned unit development application. It shall be the responsibility of the Planning Director to contact and invite these department heads to a joint meeting_ The general outlines of the proposal, evidenced schematically by r" 4- 185 1 1 1 S sketch plans, shall be considered before sub- mission of the planned unit development applica- tion. Thereafter, the Planning Director shall furbish the applicant with his written comments regarding such conference, including appropriate recommendations to inform and assist the applicant prior to preparing the components of the planned' unit development: application. "2.. Preliminary plan. Upon completion of the con- ceptual review meeting, and after the recommenda- tions from the Planning Director have been made, application may be filed for a planned unit develop- ment on a preliminary basis. Materials pertaining rr to the preliminary plan must all be submit Led to the L;7 Planning Department by the administratively designated deadline at least two weeks prior to the meeting of i' the Planning and Zoning Board at which the preliminary plan will be considered. After. the Planning Depart- ment -has received the preliminary plan application in the form required herein, the matter will be placed on the agenda for the appropriate meeting of the Planning and Zoning Board. ' Th." appl .ca"lon for O'ho preliminary plan ""all be in :accordance with and include the following: "a. Written Documents. (1) A legal description of the site proposed for development which shall separately describe present and proposed ownership and present and proposed zoning districts. (2) A statement of the planning objectives to be achieved by the planned unit develop- ment through the particular approach pro- posed by the applicant. This statement shnoVt include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant, including the specific advantages the planned unit development offers as opposed to a conventional subdivision. "(3) A development schedule indicating the approximate date when construction of the planned unit development or stages of the same can be expected to begin and be completed, including the proposed phasing of construction of public improvements and recreational and common spare areas. 187 d 1 88 "(�+) A statement of the applicant's intentions with regard to future ownership of all or portions of the planned unit development. "(5) Site data, including the following: "(a) Total number and type of dwelling units showing number of rooms and bedrooms for each. "(b) Parcel size. "(c) Proposed coverage of buildings and structures for the purpose of calcu- lating storm drainage runoffs and storm drainage retention requirements. Such calculations shall also be sub- mitted by the applicant and shall have previously been submitted to the Director. of Engineering Services for his consideration. "(d) Gross and net residential densit:ios. "(e) For commercial planned unit develop- ments, estimated total floor area ' and estimated ratio of floor area to lot size. "if) Total area of open space. "(g) Total area of open space which is suitable for active recreation. (h) Total area and description of ncn•- resi.dential construction. "(6) Physiographic data to include a descri.pi:i.on of: "(a) Soils existing on the site accom- panied by analysis as to the suit- ability of such soils for the intended construction and proposed landscaping. "(b) A map showing all permanent and temporary streams and a sketch showing the 100-year flood plain for each. 18S "(c) 1, description of the groundwater hydrologic conditions of the site with analysis of water table fluctu- ation and a statement of site suit- �bili_ty for the intended construction and proposed landscaping. "b. Site Plan and Supporting Maps. A site elan and such additional. maps as necessary shall also be submitted showing the major details of the proposed planned unit development and containing the following minimum information: V =� "(1) The existing site conditions including contours at two (2) foot intervals; all �.. water courses; flood plains; unique .r natural features and vegetative cover, including all trees and shrubs having greater than a 2-1/2 inch diameter by species. "(2) Proposed lot lines and plat designs. "(3) The tentative location and floor area of all existing and proposed buildings, structures and other improvements, irl- cluding maximum heights, types of dwelling units, density per type, nonresidential structures, including commercial facilities. "(4) Preliminary architectural elevations (prospectives) sufficient to relay the basic architectural intent of the proposed improvements. "(5) The location and size in acres or square feet of all. areas to be conveyed, dedicated, reserved or otherwise used as common open space, public park, recreational areas, school. si.tos and similar public and semi- public uses. "(6) The exi.sti.ng and proposed circulation system of arterial, collector and local streets, including off-street parking areas, service areas, loading zones and major points of access to public rights - of -way (including major points of ingress and egress to the development). Notations of proposed ownership --public or private --- should be included where appropriate. Rights -of -way and paved surfaces for '1 lA9 each street shall be shown in accordance with the minimum design standards outlined in this: ordinance. "(7) The existing and proposed pedestrian circulation system, including its inter -- relationships with the vehicular circula- tion system, indicating proposed treatment of points of conflict. "(8) The existing and proposed utility systems, including sanitary sewers, storm sewers, water., electric, gas and telephone lines, fire hydrants and trash collection areas. "(9) A general landscaping plan indicating the treatment of materials used for private and common open spaces, including: "(a) A1.1 existing vegetation with identification of all- trees by size and species. "(b) Specific proposals to protect and preserve existing trees during and after construction. The details of size and species for ' intended plantings of vegetation will be required at the final plan phase. "(10) A loan of the area which surrounds the site within a distance of at least three hundred (300) fee,, showing at least: the following: "(a) land uses. "(b) 7_oninF classifications. "(c) Densities. (d) Circulation systems "(e) Public facilities. "(f) Unique natural features of the landscape. "(g) General topogr-a;Dh:ic mapping at ten (1.0) foot intervals. 190 191 "(11) the proposed treatment of the perimeter J of the planned unit development, including materials and techniques used, such as screens, fencing, walls and other laud- scapinj. "(12) Street cross-section schematics shall be submitted for each general category of street to be included within the proposed development (one (1) for local, sub -collector, collector streets) to rlo include proposed width, treatment of :^ curbs and gutters, sidewalk systems and bikeway systems. Street designs must be consistent with the minimum street standards contained in this section. "(13) Any additional information as required by the review authority necessary to evaluate the character and impacts, both fiscal and environmental, of the proposed planned unit development. ' "c. Project Phasing. All information and data required at the preliminary plan phase must include the entire development site. Applica- tions for a final planned unit development may be made for any portion of the overall approved preliminary plan. Phased projects shall include a proportional amount of the proposed recreational and.open space amenities for the entire site, such that the project as it is built will comply with the overall density and design standards of this ordinance at all times, regardless of please. Requirements may be made for off -site public improvements on a phased project. 1 "d. Review acid Approval. The prel.im.inar.y plans shall be reviewed by the Planning and Zoning Board which shall make recommendations to the City Council either approving, approving conditionally, or rejecting the plan. The matter shall then be scheduled on the agenda for the City Council which shall take final octioh on the preliminary plan. l91 9� "e. Time Limit for Action Upon a Preliminary Plan. Within a maximum of twelve (12) months fol- lowing the approval of a preliminary plan, the applicant: shall proceed by filing with the Planning Department a final plan in detailed form covering all or a part of the planned i,�nit development. Upon applica-- tion and for good cause, the Planning and Zoning Board may extend the period 'for filing a final development plan for successive six (6) month periods. If no final plan is filed within such time, the right to proceed under the preliminary plan shall expire. "3. Final Development Plan'. After approval. by the City Council_ of a preliminary plan, application may be. made for approval of a final plan. Applica- tion for a final t;nit development plan shall be in substantial compliance with the requirements of the approved preliminary plan. The final plan shall be deemed in substantial compliance with the prelirinaary plan, provided the: final plan does not violai:e any provision of the zoning ordinance and does not: a. Involve a reduction of more than five percent ' ( %) of Lh.e irca reserved for common op; n space and/or usable open space; "b. Increase the floor area proposed for non- residential use by more than five percent (5°/;); C. inrrease -residen.t,:ial densities by more than one percent: (1%); or "d. Increase the total ground area covered by buildings by more than fire percent (5%). If the final plan is not in substantial. compliance with the approved preliminary plan, the revisions shall require the same review and public hearing process required for approval of preliminary plans. The following LnEormation and materials shall be required for approval of a final. plan: "a. Final Site Plan. The final site plan shall provide sufficient detail to facilitate recording, engineering and ease of building permit administration. The final site plan shall, where possible, locate the exact position of proposed buildings and structures. If this is not possible, a building envelope 192 193 range of possible locations shall"be shown. building envelopes are used, design specifics '°all be coordinated with the Chief Building :;spector, arod such specifics shall be shown the final site plan when determined. The i al site plan and subdivision plat shall be ;_,Smitted on 24-inch by 36-inch sheets at a ;,,ale of 1 ir,;ch to 50 feet, or less, and shall .-;»tain the following information: "(1) Lot lir,,es. •'(2) The location and floor area size of all existing and proposed buildings, structures M and oti,�er improvements, including maximum C:.1 heights, types of dwelling units, density per tnie and nonresidential structures =l+ including commercial facilities. All buildings shall be dimensioned with distances shown from clear reference points. :) The loq,ation and size in acres or square feet of all areas to be conveyed, dedicated, reservqd or used as common open spaces, public parks, recreational areas, school ' sites 4nd similar public and semi-public uses. The existing and proposed circulation system of arterial, collector and local streets, including off-street parking areas, service areas, loading zones, and major points of access to public rights - of -way. Notations of ownership (public or private) shall be included where appropriate. Rights -of -way and paved Widths for each street shall be shown in accordance with the minimum design standards of this ordinance. The existing and proposed pedestrian cir- cala•:1 n system, including its inter- relationships with the vehicular circula- tion system indicating the proposed treat- ment of points of conflict. I•''indscape Plan. A landscape plan shall ;c! indicating a well -designed treatment Brio- spaces which measurably improve "rc'ra11 quality of the project. The design 193 objective of the plan must be clear and supported by written statement. The plan ' must provide an ample quantity and variety of ornamental pliant species which are regarded as suitable for this climate. Landscape treatment must be balanced with both evergreen and deciduous plant material with sufficient use of upright species for vertical control. Plant material selections will be reviewed for adaptability to physical conditions indicated by site plan locations. The land- scape plan shall include the following: "(1) Extent and location of all plant materials and other landscape features. Plant material must be• identified by direct labeling on the plan or by a clearly understandable legend. "(2) Flower and shrub bed definition must be clear and drawn to scale with dimension:,. "(3) Proposed plant. material should be indicate(i at mature sizes and in appropriate relation to scale. "(4) Species and size of existing plant mat eri t a "(5) Proposed treatment of all ground surfaces must be clearly indicated (paving, turf, grave]., grading, etc.) "(6) Location of water outlets. If areas of planting are extensive, plans for an underground sprinkler system will be required. "(7) Plant material schedule with common and botanical names, sizes; quantities and method of transplant. Bareroot material will be permitted, but it is discouraged on all but the smallest sizes. I'M Plants must be sized according to the following table: TYPE SIZE Standard deciduous ' trees 1-3/4" - 2"'caliper f 194 195 TYPE SIZE Small ornamental and 1-1/2" to flowering trees 1-3/4" caliper Evergreen trees 5' 6' height Shrubs Adequate size to be consistent with design.intent "(9) All plant material must meet specifications of the American Association of Nurserymen `++ (AAN) for #1 grade. All trees must be :^ balled and burlaped or equivalent. r W 11(10) The final landscape plan shall be accom- panied by a bond or cash deposit in an amount equal to the estimated cost of the landscaping improvements proposed, plus twenty-five percent (25%). Such bond shall guarantee the installati6n of all land- scaping shown and the continued maintenance and replacement of the same for a period of two (2) years after installation. In the absence of an executed contract to ' install landscaping, landscape cost estimates shall be determined by the average of at lease two appraisals. Bonds or cash deposits shall be filed with the Director. of Finance and released upon certification by the Planning Director that the required land-•. scaping program has been completed in accor- dance with the approved plan and has been maintained in a satisfactory condition for two (2) years thereafter. "c. Subdivision Plat. An official subdivision plat of the site must accompany the final unit development plan. This plat must conform to the subdivision ordinance of the City, except a. waived by the approved preliminary plan for. Che planned unit: development. The subdivision shall contain proper dedications for public streets, utility easements and all other public rights required by the preliminary plan. Approval by the City Council of the final plan and subdivision plat shall be required before filing of the subdivision plat or issuance of building permits. ' "d. Final Utility Plans. Final detailed engineering for sewer, water, electrical, street improvements l 195 196 and other public improvements must be submitted to and approved by the City Engineer, and the developer shall execute an agreement in proper L, form providing for the installation of such ' improvements prior to submission of the final, plan to the Council. "e. Approval. The final plan shall be submitted to the Planning and Zoning Board, which shall recommend approval of the same to the City Council unless the final plan fails to conform to the approved preliminary plan and the require- ments of this ordinance. After review and recommendation from the Planning and Zoning Board, the final plan shall be submitted to the City Council for final action. "4. Amendments to Final Unit Development Plan. Minor changes in the location, sizing, height and sating of buildings and structures may be authorized by the Planning Director without additional public hearings, if required by engineering or other circumstances not foreseen at the time the final. plan was approved. The Planning Director shall no approve any of: the following changes: "a. A change in the use or character of the dc"111c, a "b. Ad increase in the overall coverage of structov "c. An increase in the problems of traffic circula- tion and public utilities. "d. A reduction by greater than three percent: (°!) of the approved open space "e. A reduction by greater. than one percent (IT ot: the off-street parking and loading space. "f. A reduction in required pavement widths or rights -of -way for streets or easements. "g. An increase of greater than two percent (21) in the approved gross leasable floor areas of commercial buildings in either residential or commercial planned unit development's. "h. An increase b, greater than one percent (IT in the approved residential density of the proposed development. All other changes in use or rearrangement- of lots, ' blocks and building tracts, or any changes other than listed above, may be made only by the City 196 197 ' Council after review and recommendation by the Planning and Zoning Board. Such amendments shall be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in community policy. Any changes approved in the final plan shall be recorded as amendments to the final plan in accordance with the procedures established foz- the filing of the initial approved plan documents. "5. Time Limit for Validity of the Final Plan. The applicant must begin and substantially complete tithe development of an approved planned unit development within two (2) years from the time of final approval. Extensions for successive periods of six (6) months may be granted by the Planning and Zoning Board. If the planned unit development is to be developed in stages, the approved plan shall contain a development schedule and the applicant must begin and substantially complete the development of each stage within two (2) years of the time provided for the ;tart of construction of each stage in the development schedule. Extensions may be granted by the Planning ' and Zoning Board on the same basis as for now - staged developments: Failure to develop within the time limit set forth herein shall cause a forfeiture of the right to proceed under tKe fins]. plan and require resubmission of all materials and reapproval of the same. "K Special Conditions for Planned Unit Developments. All planned unit developments shall meet the requirements herein set forth and no final plan shall be approved that does not meet these require- ments. "a. The Developer shall submit a legal instrument or instruments setting forth a plan providing for the permanent care and maintenance of open spaces, recreational areas and communally - owned facilities and private streets. The same shall be submitted to the City Attorney and shall not be accepted until approved by him as to legal form and effect. The same shall then be submitted to the Planning and Zoning Board for their approval as to suitability for the proposed use and maintenance of open ' areas. If the common open space is deeded to a homeowners' association, the applicant shall file the proposed documents governing the 197 association. Such documents shall meet the following requirements: "(1) The homeowners' association must be established before any residences are sold. 11(2) Membership in the association must be mandatory for each residence owner. 11(3) Open space restrictions must be permanent and not for a period of years. "(4) The homeowners' association must be made responsible for liability insurance, taxes and maintenance.of recreational and other facilities. "(5) The association must have the power to levy assessments which can become a lien on individual premises for the purpose of paying the cost of operating and main- taining common facilities. "(6) The governing board of any such associa- tio.,n shall consist of at least five (5) meiers who shall be owners of property in the planned unit development. "b. Open Space Maintenance Guarantee. In the event the organization established to own and main- tain common open spaces, recreational areas, communally -owned facilities and -private streets or any successor organization, shall. at any time fail to maintain the common facilities in reasonable order and condition in accordance with the approved plan, the City Council may cause written notice to be served upon such organization or upon the owners of property in the development setting forth the manner in which the common facilities have failed to be maintained in reasonable condition, which notice shall include the demand that the deficiencies noted be cured within thirty (30) days thereafter and shall state the date and place of a hearing to be held within fourteen (14) days of the notice. At the time of hearing, the City Council may modify the terms of't.he original notice as to.defi- ciencies and may extend the time within which the same may be cured. If the defici.c.xncies 198 199 1 Ttl M Cr LIZ :L 1 set forth in the original notice or modifica- tions are not cured within the time set, the City Council, in order to preserve the t_a;,able values of properties within the development and to prevent the common facilities from becoming a public nuisance, may enter upon such common facilities and maintain the same for a period of one (1) year. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. Before expiration of such year, the City Council shall, upon its own initiative or upon the written request of the organization theretofore responsible for maintenance,call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the planned unit development. At such hearing, the ort;anizs*- ti.on responsible for maintenance and/or the residents of the development may show cause why maintenance by the City of Fort Collins should not be continued for a succeeding year. If the City Council determines that it io not necessary for the City to conci:nue such mai.n•- tenance, the City shall cease such maintenance at the time established by the City Cuuricil. Otherwise the City shall continue maintenance for the next succeeding year, subject t-o a similar hearing and determination at the end of each year thereafter. The cost of main- tenance by the City shall be a lion against the common facilitie-s of the planned unit development and the private properties within the development. The City Council shall ha%t e the right to make assessments against, nrcipo ties in the development on. the same basis that the organization responsible for ma.int'enance of the facilities could make such assessrne:;it:s. Any unpaid assessment shall be a lien against the property responsible for the same., enforce- able the same as a morCga.ge against such property. The City may further foreclose its lien on the common facility by certifying; the same to the County Treasurer for collection_ as in the case of collection of general property taxes. "c. Guarantees for space shown on not be used for. Lures riot shown 199 Open Space Preservation. Open the approved final plan shall the construction of any struc_. on the final plan. 1206 "d. Substantive Design Standards. The following design standards shall apply to any planned unit development. "(1) Open Space. "(a) Required open space shall comprise at least thirty percent (30%) of the total gross area of anv residential planned unit development. "(b) Within such thirty percent (30%) one-half (1/2) of the same may be developed for planting, walkways and landscape elements. The remain- ing one-half (1/2) shall be developed for active recreational use and shall be developed in parcels of not less than six thousand (6,000) contiguous square feet and not leas than fifty (50) lineal feet in the smallest dimension. "(c) Areas devoted to natural or im.nroved flood control channels and areas encumbered by flowage, floodc.ay or drainage easements may be used to partially satisfy the total open space requirements. "(d) Recreational facilities or structures and their accessory uses located in approved areas sha11 be considbred open, space as long as the total impervious surfaces (paving, roofs, etc.) constitute no more than ten per cent (1016) of the total open space. "(e) Public dedications may not contribute to the open space requirement. "(2) S* --or. :.. The fpllowin ; table presc-nts the minimum street design standards for planned unit developments: Place Local Collector Very Light Light Traffic Local and T;ru 0-10 dwelling 11-100 dwelling Thru Traffic units units 200 I Place Local Collector PAVEMENT WIDTH (in feet) No Parking 20* --- --- Parking one side 28 28** --- Parking two sides --- 36 44' RIGHT OF WAY WIDTH 50' 60' 80' SIDEWALKS At least One or Both Both sides one side sides SIGHT DISTANCE 75' 150' 350' M -�; MAXIMUM SPEED 15 mph 25 mph 30 mph UTILITY EASEMENTS - 6' utility easements will be required on each side of all streets * Not to exceed 100' in total length. ** Feasibility of parking on one side shall be establ.i.slied by the number of off street parking spaces provided. Orl. streets with two spaces per dwelling provided, the 28 foot street will be recommended. "(3) Private Streets. I "(a) Private streets not dedicated for public use shall be designed and developed in accordance with the foregoing minimum street design standards. This requirement: sha.11 not apply to accessways serving four (4) or fewer residences or less than one hundred (100) feet in total length. "(b) Access for emergency vehicles and other public vehicles shall he dedicated over all private streets. "(4) Parking Standards. "(a) Parking spaces shall be providad ' for residential developments as follows: 201 Number of Bedrooms Parking Spaces 1� Per Dwelli- ng Unit Per Dwelling Unit � One 1.5 Two 1.75 Three and above 2 All such parking spaces shall be off-street parking spaces and each space shall be accessible and usable. "(b) Parking spaces shall be provided for nonresidential developments appro- priate to ttie type of use as deemed adequate by the Planning and Zoning Board. "(c) Parking areas shall be arranged so as to drevent. through traffic to other parking areas. "(d) Parking areas shall be screened from adjacent structures., roads and traffic arteries with hedges, dense plantings, earth. berms, changes in grade or wa11s, ' or otherwise. "(e) No more than fifteen (15) parking spaces shall be permitted in a con- ti.nvous row without being interrupted by landscaping. "(f) No more than sixty (60) parking sTlaces shall be accommodated in any single perking area within a residential area. "(g) All parking areas and any off-street loading area shall be paved and the design thereof approved by the Planni.n, and Zoning Board. All areas shall be uiark.ed so as to provide for orderly and safe loading, parking and storage. "(h) All parking areas shall -be adequately lighted. Such lighting shall be so arranged so as to direct the light away from adjoining residences. " M All parking areas and off-street ' loading areas shall be graded and tr 202 203 1 drained so as to dispose of all surface water without erosion, flooding and other inconveniences. "(5) Planned Unit Development Perimeters. Where planned unit developments adjoin public streets or lands with a different zoning classification, a thirty (30) foot landscaped area shall be installed and maintained at the perimeter of the development. The detailed landscape plan for this buffer shall be a part of the landscape plan filed in conjunc- tion with the final unit development plan. "' ^� "(6) Signs. All proposed signs shall be sub- mitted as scaled drawings and must con- form to the provisions of this ordinance regarding signs. The Planning Director shall have the power to approve, signs conforming to this ordinance but where extensive signing is proposed, hemay submit the proposed signs for approval by the Planning and Zoning Board. "D. Commercial L'ae3 in Res .Gent;al Di.stri..Ct5. notwit':stam'inc any other provision of this ordinance, the come pcial wzos ' allowed in the B-L, Limited Business District, shall be er mitted in the R-H, High Density Residential District, and the commercial uses allowed in the R-H Figh Density Pesi-.. dential District, and the B-L, limited District, shall. be permitted in the R-L, Low Density Residential District, R-L-P, Low Density Planned Residential District, :r•-D), .Vedium Density Residential District, R-P, Planned Re.sidential District, and R-M-P, Medium Density Planned Residential District: provided that such uses shall be allowed onl`✓ if approved on the final development plan. Such nonrecsidentia use shall not exceed a ratio of forty (40) square fleet of floor area devoted to such use per dwelling unit within the development and all of such uses shall be primarily for the service and convenience of the residents of the development-. Section 2. If any section, subsection, sentence or part of this ordinance or the application thereof to any person or cir- cumstance is declared unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect the other sections, subsections, sentences and parts of this ordinance or any other application thereof, and the City Council hereby declares that it would have adopted each separate . part of this ordinance as a separate ordinance. 203 Introduced, considered favorably upon first reading, and ordered published this 2nd day of September, A. D., 1975 and to be , presented for final passage on the 16th day of Sei�t.�nber, A,D., 1975. 1 0 ATTEST: t ayor �fi C ty Glei c�— Passed and adopted on final reading this 16t.h day of 54)tesnUeir, A.D. 1975. J cl� ATTEST: `;layor. . r ' City l.er. <. ' Pi.rst Reading: September 2, 1975 (Yeas: 7, Nays: 0) Second Reading: September 16, 1975 (Yeas: 7, Nays: 0) Dates Published: September 7, 1975 and September 21, 1975 Petition to Vacate a Part of an Alley Referred to the City Attorney for Ordinance Preparation We, have been requested to vacate part of the alley north of the old Ted Carpenter building located at 132, 134 and 136 LaPorte ,'lvenue. :his building was built in the late 1800's and has encroached on the alley .for some tine. There is a five-foot building cncroaclmient in the 20-foot alley to the north plus a four -foot docking area to the north. There ara two minor encroachments on the alley to the east. Neither of these alleys are being used. We feel that the store dock to the north and the two winor cncioaclmients to the east can be handled by encroachment easements. lkne,- ever, to obtain a clear title, it is our feeling that the City should. vacate five feet of building encroachment in the alley to the north. In order to safeguard the City, we are asking the owners to sign an agreement agreeing tc re -dedicate that portion of the alley if and when the building is torn down and a new building is constructed. Recommendation: The Administration recommends that the City Council aLuthori_ze' the City Attorney to prepare a vacation ordinance of the five feet of boil ling ky encroachmont in the alley to the north. 204 205 Councilman Wilkinson made a motion, seconded by Councilman Buoiling to approve the r.econmendation of the administration. Yeas: CounciLnemhers Bloom, Bowling, Cray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Resolution Adopted Accepting the Improvements in Water Dlain Improvement District No. 6, Adopting the Report: of the City Engineer; Notice for Public Hearing _ City Attorney March stated there was an error in the notice to the properLy owners. Counci.lm_vi Bloom made a motion, seconded by Councilwoman Reeves to Nmeud the notice by deleting the figure "$90,317.63" and substituting the figure W ": 93,364.10"; and by deleting the figure " $38,935.40" and substituting the figure "$39,357.33:" W Councilwoman Gray made a motion, seconded by Councilman Wi.l.kinsoD to aanpt the Resolution. Yeas: Councilmembers Bloom, P>rndl.ing, Cray, Reeves, Russell, Suinn and Wilkinson. Nays: None. RESOLUTION 75-50 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPT_. ING THE IMPROVEMENTS IN WATER MAIN IMPROVEEENT DISTRICT NO. 6 ADOPTING THE REPORT OF THE CITY ' ENGINEER RESPECTING TIIE COST OF THE IMPROVEMENTS IN SAID DISTRICT AND THE SCHEDULE OF ASSESSMENT AND ORDERING NOTICE TO BE PUBLISHED BY TIME CITY CLERK OF THE ASSESSMENTS TO BE MADE IN SAID DISTRICT, ALL IN ACCORDANCE WITH THE ORDINANCES OF THE CITY WHEREAS, the City Engineer has reported to the City Council that the improvements in Water Main Improvement District No. 6 have been completed and has recommended that. the same be accepted, and WHEREAS, the City Engineer has prepared a statement showing the whole cost of the improvements in said District and has further prepared an assessment roll, and WHEREAS, the City Council has reviewed such reports and desires to accept the same and advertise and give notice of ' assessment in accordance with the Ordinances of the City. 205 r.. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL Of' TIIl? CITY Or FORT COLLINS, that the report of the City Engineer .regarding the completion of the improvements in Plater Main Improvement District No. 6, be and the same hereby is accepted and the improvements in said district are hereby accepted by the City Council, and BE IT FURTHER RESOLVED that the report of the City Engineer regarding the whole cost of the improvements and the assessment roll be and the same hereby are accepted and the City Clerk is directed to notify the owners of property to be assessed and all persons interested generally that such improvements have been completed and accepted. Sucl: notice shall be made as required by the ordinances of the - City. ' Passed and adopted at a regular meeting of the City Council held this 16th day of September,*A,D. 197/5. 1, == F.TTEST: f �, / r rk Resolution Adopted Accepting the Improvenerts in Strect :,fighting Iiiiprovemelt Di.stri.ct No. d Counciliaoar:iam Reeves made a motion, :seconded by Councilman Wilkinson to adopt the resolution. Yeas: Coimcihiienibers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Pilkinson. Nays: None. ry t206 �07 RESOLUTION 75-51 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING THE IMPROVEMENTS IN STREET LIGHTING IMPROVEMENT DISTRICT NO. 4 ADOPTING THE REPORT OF THE CITY ENGINEER RESPECTING THE COST OF THE IMPROVEMENTS IN SAID DISTRICT AND THE SCHEDULE OF ASSESSMENTS AND ORDERING NOTICE TO BE PUBLISHED BY THE CITY CLERK OF THE ASSESSMENTS TO BE MADE IN SAID DISTRICT, ALI, IN ACCORDANCE WITH THE ORDINANCES OF THE CITY r WHEREAS, the City Engineer has reported to the City Council that the improvements in Street Lighting Improvement District No. 4 have been completed and has recommended that the saute be accepted; and WHEREAS, the City Engineer has prepared a statement; showing the whole cost of the improvements in said District and has further prepared an assessment roll; and WHEREAS, the City Council has reviewed such reports and desires to accept the same and advertise and give notice of assessment in accordance with the Ordinances of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TIME CITY OF FORT COLLINS, that the report of the City Engineer regarding the completion of the improvements in. Street Lighting Improve- ment District No. 4 be, and the same hereby is, accepted and the improvements in said district are hereby accepted by ttze City Council; and BE IT FURTHER RESOLVED that the report of the City Engineer regarding the whole cost of the improvements and the assessment roll be, and the same hereby are, accepted and the City Clerk is directed to notify the owners of property to be assessed and all persons interested generally that such improvements have been completed and accepted. Such notice shall be made as required by the ordinances of the City. Passed and adopted at a regular meeting of the City Council. I:iel.d this 16th day of September, A.D. 1975. ATTEST - Cicy Clerk —I'f�' � avoL 207 s Resolution Adopted Approving the Application for Federal Financing Under the 'Small Reclaniat'ion Project. Act At. its September 2, 197S, meeting, Al, City Council nuthorizod the Admiu- jstratiwi to proceed t:.ith the final design of the Joe Wri.ght. Rescrvoir. At. the meeting, the Council was informed that the (:it), would have to issue $7-million in general obligation bonds (pledging revenue from t.ho operation of the water utility) with a projected 50% increase in wager ratios in 1978. we have peen exploring for some time the various means of receiving grants from :federal and state agencies. In some cases there is authorization for the various types of partial funding but no appropriation. In other eases, the :amount of money and red tape involved is not worth exploring further. Mr. Roger E. hrempel, Water and Sewer Utilities Director, 'requested At. Charles Liquin to investigate this matter. Enclosed is Mr. Liquin's memo to Mr. hrempel on this subject. It appears that our best solution is to obtain the loan :from the Bureau of Reclamation through the federal :financing wader the Small Rcc1.Jration Project Act of 19S6. However, we have to work fast if we want approval for money from the 1978 fe eral fiscal year. One of the first things we have to do is prove our eligibility as being, a subdivision of the state. Copies of the City At:torney's opinion aiat Inn letter to the Regional Director of the Bureau of Reclamation are enclosed. The current interest rate, under this Act is considerably lower than Lho general iilal''kE•t fate. The CUrTGIlt interest Y'c^.te is 5. 18 a. It 15 (:SiW1J.ted. that we '.'Would have to pay somewhere between 7% and IIn for the same financing on the private market. This represents a savings in excess of $2-mi_ilion to the City over the 2-year 'repayment schedule. The enclosed resolution authorizes our applying for federal fivancing iuid r the Small. Reclamation Project Act in 1956 and authorizes the City Wager to suhnit a notice of intent to the Regional Director of the Bureau of Reclluna- tion. A draft of this letter is enclosed. Recamrendetior.: The Administration recommends that die City Council adopt tile. rosointael and authorize the City Manager to submit the letter of intent to the Regional Director of the Bureau of Reclamation. Councilman Bewling:made a motion, seconded by Councilwoman Gray Co adopt the Resolution and authorize the City Manager to submit the letter of :intent to the Regional Director of the Bureau of Reclamation. Yeas: COULCilEICTI!berS I'.loom, Bowling, Gray, Reeves, Russell, Su:i. n and Wilkinson. Nays: None. 1 RESOIATION 75-52 01: THE, COUNCIL OF I IE Cl7°i OF FORE COLLINS APPROVING THE APPLICKFIi)N OF T'Ili'. CITY OF FORT COLLINS FOR FEDERAL FJ.KkN''CING UNDER THIi Si,L'11A, RP:CIJth1KFI0N PRO- JECTS ACT CF 1956 AS N11NE)ED ;0,'D AUT'HOPIZI 1G 'HE CITY MANGER 10 SIITVHT TO , THE R1iGIONAL DIRECTOR OF THF, BURJ�AU OF PtCLAMATION DENRIER, COiORADO, A NOTICE OF IWENI 1'O APPLY FOR SUCH FIN ?.K IN'G UNDER 111F. SM11LL RLCLJUTAT ION PRO,hICPS ACT 208 209 WHEREAS, the City Council of the City of Fort Collins has determined that it is necessary and in the best 4nter.est0 of: the City and its citizens that the City enlarge, extend, rehabilitate and improve the Joe Wright Reservoir which i5 owned by the City in connection with its water department, and e++ WHEREAS, it appears that federal financing for such ;r y project may be available under the Small Reclamation Projects Act of 1956 as amended, and WHEREAS, the City Manager and the Director of the City Water and Sewer Department have recommended to the City Council. that the City apply for such federal financing and in the opinion of the City Council such recorrLmendations should be adopted, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: 1. That the City of Fort Collins apply for federal financing under the Small Reclamation Projects Act of• 1956 as amended in connection with the proposed construction improvements on the Joe Wright Reservoir. 2. That the City Manager be and he hereby is authorized and directed to submit to the Regional Director, Bureau of Reclamation, United States Department of. Interior, Denver, Colorado, a notice of intent under the Small Reclamation ' Projects Act in the form authorized by the Bureau of Reclama- tion, United States Department of Interior. 209 Passed and adopted at a regular meeting of the City Council held this 16th day of September , 1975. , Mayor ATTEST: City Cleric Resolution Adopted Assigning Amounts Heretofore Appropriated for Expenditures During 1975 for Salary and Fringes ------------------------------ When the 1975 Budget was approved, all of the possible salary increases' were placed in a line item in the Insurance and Retirement Account. Also, money was placed in contingency for revisions in the Pay Plan due to, organi.. zational changes of the management study. The change,-; in positions were approved by the City Council when they adopted the 1975 Pay Plan. Subsequently, the City Council authorized a 10 percent increase :in the general city enloye:, pay positions and 12 percent to Police and Fire with sane other revisions to the ' Pay Plan inclllding an increase in fringe benefits. They also approved the ,.mount for the implementation of the management study. The estimated 197S -personal services and budgets reflect these: changes. Hov:eter, the original. 1975 Budget has not been modified. This resolution will make the necessary adjustments. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to adopt the resolution. Peas: Councilmernbers Bloom, Bowling, Gray, Reeves, Suinn and Vidikin on. Nays: None. RESOLUTION 75-53 OF' THE COUNCIL OF THE CITY OF FORT COLLINS ASSIGNING THE AMOUNT HERETOFORE APPROPRIATE!) FOR. EXPENiDITURE DURING THE YEAR 1975 FOR SALARY AND FRINGES UNDER THE INSURANCE: AND RETIREMENT ACCOUNT CLASSIFICATION AND CONTINGENCY ACCOUNT CLASSIFICATION TO SPECIFIC DEPARTMENTS WHEREAS, in approving the budget for the year 1975 the City Council approved a total expenditure for insurance and retire- ment amou.ntinto $350,000.00 and an expenditure for contingencies amounting to 175,000.00; and ' 210 WHEREAS, such amounts were budgeted in anticipation of increased salaries for general fund personnel to cover cost of living increases and to implement a management study made for the City, but the actual allocation of salary increases had not been determined at the time of adoption of the budget; and WHEREAS, the City Manager has now made his recommendation to the City Council for salary increases and the City Council has approved such increases and it is now necessary to direct: the expenditure of such funds to cover such salary increases. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the stun of $403,596.00 budgeted and appro- priated under the Insurance and Retirement Account and the Contingency Account is hereby allocated to departments for r salary increases within such departments, as follows: :L TOTAL. SALARIES ADWAJOl1AL DEPARTMENT OR DiVISTON REVISED ORIGINAL AI.I,O('A'['ION City Council $, 5,5()0 $ 4,800 $ 700,^ C.A.S. AdminlstraLion 37,200 33,816 3,04 Personnel 14,500 6,360 g tt,0 YurchasinE 46,400 40,357 6,043 Systems 6 Information 54,700 44,616 10,09`; Suildi.ngs & Grounds 72,750 60,726 12,024 CETA 9,00() 9,00() Employ e SnCctY 75,21.6 9,.11.0 6,106 llurcui Resources 3,550 37,438 34,062 3,550 '1,376 Land Acquisition 33,400 15,690 17,710 Public Information 16,970 - 16,970 City Clerk 37,850 34,095 3,155 Finance 131.,016 Ila,534 12,02 Municipal Court 40,100 38,933 1,16-1 Police Aire 918,706 820,828 91,818 Engineering 786,200 693,872 92,32t3 AdminisLrati.on 39,338 35,762 3,576 Engineering 172,140 156,491 15,649 Planning 98,989 09,990 a 99') Streets, Alleys, Seal 223,380 203,050 20,330 Parks. & Recren Lio❑ Administration 30,000 26,640 3,300 Park. 111,752 101,593 10,159 Recreation 74,.100 60,561 13,539 Senior Citizens 11,128 10,11,6 1,012 Indoor Pool 19,239 17,490 1.;749 Youth Centers 11.1075 10,068 1,007 . Grandview Cemetery 56,668 51.,516 5,157. 211 Ruselawn Cemetery Library 7,592 151� 552 $3,267,449 6,902 1.37,775 $2.,863,753 690 $ 403,696 Passed and adopted at a regular meeting of the City Council. held this 16th day of September, A.D. 1975. ATTEST: wayorvy� !e C � 4r4 Report on Official CeiisLys Figures Accepted Except for the U. S. Bureau of Census decade population figures, toe ]nave seen various yearly estimates of our population. The population estimated figures in the past are used for computation of various statistical data including t;}.e capit-1 cost of various operations. i'hc present: and future population figures are used ill publications and reports to va-rious organ:i- zations and agencies. Because of the discrepancies, the Planaiing Staff was requested to prepare some yei:ray populat.i.on figures fren 1960 throa,h 1980 and five-year estimated fiitires from 1985 Co 1990. Although no offi- cial action is required on this report, it would be advantageous if thu population t:igures were placed in the Coiutcil ndnutcs for official recop- n:iti.on of these. figo.ures that: should be used in the City for va.ri.ous reports and publications. It is obvious that these figures Will have to he updated from time to time and then tied into our 1.980 U. S. L'ureau of Census figures. Rv st:raight-line interpolating of the beginning and ending year figures for 1980, the population on April. 1st, 1980, is projected as 65,375. Rcconnnendation: The Adrninist:ration recommends that. the City Council. acknow- le ge ttie placing of these population figures in the minutes for safekeeping and official recognition. Se*:i.or Planner, Ted Rodcnbeck spoke to report and the 70.1 urban'areasused ir: pl.ai;ning preparations. Councilman Wilkinson made a motion, seconded by Councilwoman peeves to receive the report and officially recognize the population figures. Yeas: C:ounc.il- members Blooi:l, Bowling; Gray, Reeves, Russell, Suinn and Wilkinson. mays: None. 212 Ll 1 CITY OF FORT COLLINS OFFICIAL POPULATION PROJECTIONS CENSUS* YEAR BEGINNING ESTIMATE 1960 25,027 1961 1962 1963 1964 1965 1966 1967 1968 1969 19 70 1971 1972 1973 1974 1975 1976 1'1 i J , i . 1980 1985 1990 25,304 26,440 27,766 29,403 32,644 36,809 37,692 39,958 42,047 43,194 44,849 ..47,543 50,982 52,009 53,834 55,825 57.984 64,759 *Census data is collected on April 1. 213 43,337 YEAR-END 25,304 26,440 27,766 29,403 32,644 36,809 37,692 39,958 42,047 43,194 44,849 47,543 50,982 52,009 53,834 55,825 57,984 60,154 62,391 64,759 67,225 81,191 ' 97,796 $ 1. 4 �^ Roger Krempel Appointed as the Representative to the Iiorsetooth hater Service Commission t its April 15, 197S, meeting, the City Council approving an agreement joining the newly formed Horsctooth Water Service Commission. The Northern Colorado Water Conservancy District is acting as agent for this conmlission. Other members are the ToiNn of Windsor, EasUnan Kodak, Central Weld County Water District, East Larimer County Water District, and. port Collins -Loveland Water District. The purpose of the Commission is to explore: the possibilities of having another outlet from Horsetooth Reservoi.r and a new major water treatment plant. The Bureau of Reclamation is workin; on the study of the additional outlet, and M F I, Inc., Consulting Engineers, are working on the feasibility of the additional joint water treatment facilities. At the April 15th Council meeting, the City Manager was designated as repre- sentative to the Conunissi.on, and Chuck Liquin was designated as an alternate representative. 19itli tile reorganization of the City and the creation of a posit -ion of 6ikrter and Sewer. Utilities Director, it would be better to have a direct involve- ment from this department. Also, this is one of tho assigimients that can better be delegated to one of the operating departments. a Recommendation: The Administration recommends that the City C011llcil approve an amendment to the agreement designating Roger Krempel, 11"ater and Sewer Utilities Director, as the City's ofiici.al representative, and Charles Liquin, Senior Water and Sewer Engineer, as the alternate representative. Coiulcilinan Wilkinson nude a motion, seconded by Councilman Suium to approve the recommendation. Yeas: Councillnembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Various Dedication Deeds and asements Accepted Listed, below is a sunmary of easements or deeds for Street Improvement District. No. 69 en Lemay, prospect. -'aid Riverside; the Alta. Vista Sewer and power .111 is eas emen'ts. I. Improvement District No. 69. (a) Public Road, Sidewalk and Utilities Right -of -Way from R.M. Flinn, corner of Riverside and Lemay. This is for the purchase of a right-of-way for a public road, the installation of a pedestrian sidewalk and for the instaliation, reinstallation, servicing and maintenance of utilities over and across the above property. The cost of this right-of-way is $3,772.57. (b) Public Read, Sidewalk and Utilities Right -of -Way from Edwin Johnson, 1744 Lemay. This is for tile. purchase of a right-of-way for a public road, 214 215 the installation of a pedestrian sidewalk and for the instal.- lation, reinstallation, servicing and maintenance of utilities over and across the above property. The cost of this right-cf- way is $7,610,41. (c) Public Road, Sidewalk and Utilities Right -of -Way from E. P. Michaels, 726 Lemay. This is for the purchase of a right-of-way for a public road, the installation of a pedestrian sidewalk and for the instal- lation, reinstallation, servicing and maintenance of utilities over and across the above property. The cost of this right-of- way is $12,900.00. (d) PL.NiC Road, Sidewalk and Utili i.cs Right -of -Way from Ethan A. LLJ Miller, corner of Riverside and Lemay. This is for the purchase of a right-of-way for a public road, the installation of a pedestrian sidewalk and for the instal- lation, reinstallation, servicing and maintenance of utilities over and across the abocu pruperty. The cost of this right-of- way is $715.72. , (e) Public Road, Sidewalk and Utilities Right -of -Way from Warren and Ruth Pope, 837 Lemay. This is for the purchase of a right-of-way for a public road, the installation of a pedestrian sidewalk and for the instal- lation, reinstallation, servicing and maintenance of utilities over and across the above property. The cost.of this right-of-- way is $2,000.00. II. Alta Vista Sewer. (a) Sewer pipe line right-of-way from Edward T. Anderson, Alta Vista. This is an easement for the installation and maintenance of a buried sewer pipe line upon the Anderson property. The cost of this ri.ght-of-way is $1.00. (b) Sewer pipe line right -of. -way from Jimmie L. and Barbara E. Cagle, 261 East Vine Drive. This is an easement for the installation and maintenance of a buried sewer pipe line upon the Cagle property. The cost of this right-of-way is $1.00. (c) Sewer pipe line right-of-way from Julia E. Cox for property on Lindenmei.er Road. 215 216 This :is an casement, for the installation and maintenance of a ` buried sewer pipe line upon the Cox property. The cost of this right-of-way is $1.00. (d) Sewer pipe line right-of-way from Arnulfo and Marcella Lozano, and Jiimnie and Martha Padia for property on East Vine Wive. This is an easement, for the installation and maintenance of a buried sever pipe line upon the Lozano and Padia property. The cost of this right-of-way is $1.00. (e) Sewer pipe line right-of-way from Louie M. and Della C. Ortivez for property on East Vine Drive. This is an casement for the installation and maintenance of a buried sewer pipe K no upon the ortivez property. The cost of this right-of-wA is $1.00. (f) Sewer pipe line right -of -tray from David Valdez, 3S Alta Vista. This is an easement for the installation and maintenance of a buried sewer pipe line upon the Valdez property. The cost of this right-of-way is $1.00. (g) Sewer pipe line right -of -gray from Ferman Valdez, Harold L. and Margarita L. Chavez, 717 Undenmeier Road. This is an easement for the installation and maintenance of a buried sewer pipe line upon the Valdez property. The cost of this right-of-way is $1.00. (h) Sewer pipe line right-of-way from Louie and Mary Valdez and Ed,;axd Salazar, 35 Alta Vista. This is an easement for the installation and maintenance of a buried sewer pipe line upon the Valdez property. The cost of this right-of-way is $1,00. III. Power line easements. (a) Power line right-of-way from Phase Three, Inc., on South Taft Hill Road. .This is a right-of-way for the installation and continued operatiop, maintenance, repair, alteration, inspection and replacement of the underground and/or overhead electric transmission and distribution lines. The cost of this right- of-way is $1.00. (b) Power line right-of-way from Miller Prop. Inc., in the Cedarwood , Subdivision, 1st firing. 216 217 This is a right-of-way for the installation and continued r) operation, maintenance, repair, alteration, inspection, and Ly' replacement of the underground and/or overhead electric transmission and distribution lines. The cost of this right- of-way is $1.00. Councilman Wilkinson made a motion, seconded by Councilman Bowling to accept the above deeds and easements. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. T1ays: None. Citizen Participation I. Mayor Russell read a letter recieved from Steve Smith of the Recycling r Something Committee into the record. y, 2. City Clerk, Verna Lewis, read a Proclamation.in which Mayor Russell i' proclaimed September 12 through September 23, 1975 as Constitution Week. 3. Cotuicilman Wilkinson inquired into the bids for the Library 'sub -contracts. City Manager Brunton stated he would report at the next meeting on the tabulation of bids. Request from Downtown Merchants Association For ' Assistance in Christmas Lighting, Project. Denied Mr. Scott tarrabee, Chairman of the Christmas Lighting Committee spoke to the proposed installation of Christmas decorations on Collogc Avenue between LaPorte Avenue and Olive Street. It. Larrabee stated what the ENE would specifically request is that the City install and dismantle the decorations and furnish the electricity, and pay for one half of the purchase of the, decorations. Mayor Russell excused himself from voting on this issue at this time as he serves on the Board of the AYE. Councilman Wilkinson inquired if: any thought had been given to a central theme or decoration such as a centrally located Christmas tree. It. was stated that intersections might not be suitable due to traffic lights. Mr. Rudy Juvan, bIanager of the J.C. Penney Company, and Mr. Luther Hickman of Hiclaiann's for Men spoke in favor of tUe request of the DMA committee. Mr. Rod Hughey of the Jay Cees stated they were in favor of the li.ghti, of the downtown area. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves that the Traffic Co;Nmi.ttee meet at the earliest possible date along with the downtown merchants with the purpose of establishing one center theme. This motion was later withdrawn by the motion maker and seconder. 217 A y5 or Russell excused himself: entirely from the meeting and requested that Vice Mayor Bowling Chair the meeting on this item and the next item on the agenda. Ceouci_hnan 11,1oom made a motion, seconded by Counc:i.iwamur Reeves that the City not participate in this plan with the ClA stmas lighting; with the understanding that they come back with an alternate plan. Yeas: Counc.il- members Bloom, Bowling, Gray, Reeves and Wilkinson, Nays: None. ( Russe.Il and Swinn out of room; Councilman Suinn being gone since reconvening at recess.) City Manager Brunton requested clarification of specifically what the Council wishes in the following regard. 1. Ikoes tine Council, wish to participate in purchase of decorations? (Consensus was "No".) 2. Does the Council wish to assist with manpower and equipment? (Consensus was "Yes" as long as it was at one central location or with one central theme.) 3. oes the Council wish to store the equipment? (Consensus was "No".) 4. Does the Council Wish to furnish el.ec:tricity?' (Consensus was "No''.) Increase in Fees and Charges at the Cemeteries mrov ad City Manager Brunton stated this item had been discussed at the September 9, 1975 meeting, Mr. David Brown, 501. East 01ive, referred to the City Manager's reconnneuda- t.ion hated September 16, 1.975. Q. Brown raised a number oi: questions which the City.P'Lnagor stated he would note and answer. Basically,Mr. Brc,:u teas opposed to the :increases as recommended. Mr. Harold. Warren also spoke in opposition to the increases. Councilman Wilkinson made a motion, seconded by Counciltwmau Gray to approve the increase fees :.and charges at tin cemeteries effective January 1, 1976. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves and Wilkinson. Nays: None. (Russell and Suina out of room.) EXHIBIT B SUMMARY OF PRESENT 1975 RATES & RECOMMENDED 1976 RATES III 1 Present: 1.975 Recommended 1976 ADUIX GRAVE SPACE _._.._.._.._.. ..___ Grandview $140.00 $130.00 , Perpetual Cara 40.00 10.00 Total $180.00 $220.00 218 O19 Roselawn $100.00 Perpetual. Care 40.00 Total $140.00 INFANT GRAVE SPACE Grandview $ 55.00 Perpetual Care 20.00 Total $ %5.00 Roselawn $ 40.00 Perpetual Care 20.00 Total $ 60.00 OPEN ADULT GRAVE Grandview & Roselawn In 85.00 71 OPEN CRYPT -; Grandview & Roselawn $ 85.00 'L OPEN INFANT GRAVE Grandview & Roselawn $ 40.00 INTERMENT OF CREMAINS Grandview & Roselawn $ 50.00 BORDER & FOUNDATION CHARGES ' Border per running, foot $ 1.10 Foundation per square foot 1.65 Flat - Single 16.50 Flat •- Double 22.00 Vase 5.50 Bronze Medallions Remove Old Foundations TENT & RAIL Tent $ .5.00 Rail 3.00 DISINTERMENTS Adult $300.00 Infant '150.00 TNDTGENT GRAVE SPACE Grandview & Roselawn $ 10.00 Perpetual Care _40.00 'Dotal $ 50.00 EXTRA CHARGE FOR SATURDAY FUNERALS EXCEPT WHEN PRFGl':EDED BY MONDAY HOLIDAY S 75.00 219 $110.no _W.00 $190.00 $ 30.00 _20.00 $ 50.00 $ 30.00 20.00 $ 30.00 $1L5.00 $115.00 $ 40.00 $ 50.00 $ 1.10 1.65 20.00 27.50 10.00 3.00 25.00 $ 7.50 4.50 $350.00 200.00 $ 20.00 4n.n0 $$ 60.00 ^Inn.on i12t;� .�d ply . Increases in Golf Course Rates Approvrcd At its September 9, 197S, trark session, the Port Collins City- Council discussed the financial condition of Collindale and City Park Golf Courses. !Ve havo t,;ao e_Xcellent golf COUrses that arc well -managed and maintained. The golf Courses are in good financial. condition considering the inflationary increases and costs of. operation. Starting in 1974, the Golf Course Fund is repaying the principal and interest on the loan from Water Utility to finance the construction of tl:e Collindale Golf Course. Fccept for some transfers from revenue sharing for capital items, the golf courses have been and are financially self-supporting. Councilman Bowling made a motion, seconded by Councilman Bloom to approve the rate increases as recotmnended by the Golf Board. Yeas: C:ouncilmembers Bloom, Bowling, Gray, Reeves and Russell. Nays: None. (Wilkinson and Suinn out of _room.) EXH1B11 E-1 FORT COLLINS PARKS AND RECREATION DEPARTMENT GOLF COURSES GREEN FEE S MIARY - 1971 through 1975 and ' STAFF RECOMENDATION FOR 1976 `r 9 Bole - Weelu�s 1971 1972 1973 1974 1975 1976 -- --- -- -- -- --- Collindale $2.00 $2.00 $2.00 .$2.50 City Park Nine 1.50 2.00 2.00 2.50 9 Bole - Weekends 1, 1lo I id: 1.971 1972 1973 1974. 1975 1.976 Collindale $2.50 $3.00 (After 5:00 P.M.) City Park Nine $2.50 $2.50 $3.00 15 Holes - Weekdays 1971, 1972 1973..1974 1975 1976 Collindale $2.50 $3.00 $3.00 $3.50 $3.50 $4.00 City Park Nine; .. $2.00 $2.50 $2.50 $3.00 $3.00 $3.50 C 220 2 2 1 1 Collindale City Park Nine M " M LQ 18 Holes - Weekends and Ilolidays 1971. 1972 1973 1974 1975 1976 $3.50 $4.00 $4.00 $4.50 $4.50 $5.00 $3.00 $3.50 $3.50 $4.00 $4.00 $4.50 FOF' LLINS PARKS AND IIECRF,ATIO14 Dr- MENT GOLF COURSES MEMBERSHIP FEES - 197.1-1975 RECOMMENDED 1976 RATES MEMBERSHIP (Sin .le Course) Family (all children 18 6 Under) e ) 1971. 1.972 1973 1974 1.975 1976 125.. $ 00 $150.00 $150'0() $180.00 c�180.00 $200.00 Plan and Wife 90.00 11.0.00 110.00 130.00 130.00 150.00 Man 65.00 80.00 80.00 Woman 40.00 50.00 50.00 -0- -0- I U- Single Adult (Male or Female) -0- -0- -0- 90.00 90.00 10" 00 ' Student (Under age 24) 40.00 50.00 50.00 60.00 60.00 ;0 Junior (Under age 18) 20.00 25.00 25.00 35.00 35.00 45.00 Senior Citizens (Age 62 L Over) Man and Wife 70.00 85.00 85.00 90.00 90.00 90.V Plan 40.00 50.00 50.00 -0- -0- -0- Woman 40.00 45.00 45.00 -0- -0- -0- Single Adult (Male or Female) -0- -0- -0- 50.00 50.00 50.00 COMBINATION MEMB ERSHIT'S Family (a1.1 children 18 h under) $150.00 $180.00 $1-80.00 $210.06 $210.00 $130.00 Plan and Wife 125.00 150.00 1-50.00 170.00 170.00 119().00 Man 90.00 110.00 11.0.00 -0- -0- -0- Woman 60.00 75.00 75.00 -0- -0- -0- Si.npl.e Adult (Plan or Woman) -0- -0- -0- 120.00 120.00 130.00 Student (Under age 24) 60.00 75.00 75.00 85.00 85.00 90.00 Junior (Under age 18) 30.00 40.00 40.00 50.00 50.00 60.00 Senior Citizens (Age 62 S Over.) Man and Wife 105.00 120.00 120.00 120.00 120.00 120.00 Man 60.00 75.00 75.00 -0- Woman 50.00 60.00 60.00 -0- -0- -0- Single Adult (Male or Female)' -0- -0- -0- 75.00 75.00 75.00 221 222 Changes in the Subdivision Ordinance to Eliminate the Provision l: unpting Federal highways from the Standard RJ.ght-of-Way Dedication referred to City Attorney for Ord:inance. Preparation At its September 8, 1975, meeting the Planning and ironing Board reviewed the suggestion to eliminate the provision exempting federal highways from the standard right-of-way dedication requirements. This issue recently came into focus because of the annexation of the Excellart property on North College. At that time the City Council was informed by the City Attorney that the City does not require any additional right-of-way as a condition of annexation or improving the subdivision. The street design standards of the subdivison ordinance require that major arterial streets have a minkmon R.O.W. width of 100' to be dedicated on subdivision plats. This section of the ordinance goes on to state, however, that: "the minimum right of way width above required shall not be required in the case of any highway in the city designated as a federal highway, provided that this exception shall not apply run the case of frontage roads for any such highway.'' ,The no.mil procedure under existing ordinances is that wherever new development or redevelopment occurs all current subdivision and zoning requirements must be complied with. This means that approval of proposed redevelopment on an arterial street frontage having less ' than 100' R.O„Y. is contingent upon dedication of the additional R.O.W. The provision quoted above, however, exempts redevelopment on College Avenue :from this requirement. The natter has become an issue because of the recent Excellart Subdivision on North College Avenue for which the City could not require the needed R.O.W. dedication because of this exemption. Recommendation: Elvninate the exemption. of federal highways from standard R.O.W. dedication requirements. At its September 8 meeting the Planning and Zoning Board voted unanimously to recommend that this exemption be eliminated from the ordinance. The staff recommended that the exemption be eliminated from the ordinance for the following reasons: 1. As a general principle the standard requirements for R.O.W. dedication should apply uniformly for all arterial streets in the city without exception. 2. This exemption was originally included in the ordinance based on the faulty assLmrption that the State Division of Highways will buy R.O.W. on College Avenue. The State Highway Commission is highly unlikely, in our opinion, to approve funds for purchase of R.O.W. for ox-pannsion of an urban arterial street inside the city limits, especially when the city has allowed redevelopment without re- quiring additional R.O.W. 222 Z 62 'j. 3. When Evergreen Park Shopping Center and its surrounding areas are developed, it is.reasonable.to expect significant redevel- opment to take place on N. College Avenue. If the above quoted provision is not removed, then this redevelopment will occur without additional R.O.W. being dedicated. Significant additional traffic volwme will bc.generated on N. College Avenue making an already dangerous situation much worse, and necessitating improve- ment of the street. The city will then be faced with the prospect of acquiring R.O.W. for street improvements made critical by this redevelopment in the first place. (Even if the above quoted exemption is removed, the city will still have to acquire R.O.W. on frontages that have not redeveloped when the street improve- ment does take place.) r Councilwoman Reeves made a motion, seconded by Councilwoman Gray that the W City Attorney preparo an amendment to the subdivision ordinance to eliminate y this provision. Yeas: Councilmembers Bloom, Gray, Reeves and Russell. Nays: None. (Howling, Suinn, and Wilkinson out of room.) (Secretary's note: This item was considered prior to the break and voted on after Mayor Russell announced the item on the agenda.) Replat of Drake Park PUD Subdivision Approved; Vacation of Easements Referred to City Attorney for Ordinance Preparation ' Planner II, Paul Mabel identified the area and spoke to the following changes. This replat is being submitted to resolve several technical and minor design problems that have cropped up for Drake Park since the project was originally approved. The replat entails the following minor changes: 1. The shape of Lot 7 is changed on the plat and site plan to accommodate the building proposed. The change is based on the new building code requirement for a non -ambulatory access rump which is classified as part of the building. This change would involve no loss of landscaping but would reduce parking by two percent (2$). A conflict between the intent of the site plan and the height regulations for "lots" in the R-H zone has been resolved by (a) recording the language of the plat substituting the term "building envelopes" for "lots", and (b) eliminating a reference to building heights on the site plan which thereby makes building heights regulated by the building code as intended. 3. The replat corrects a labeling mistake made on t:he original plat concerning the Drake Road R.O.W. 4. The replat also eliminates several utility easements originally provided but since found to be unnecessary by the utility departments. 'N 223 224 Recommendation: Approval " The Planning and Zoning Board considered this replat at its September 8 meeting. The staff recommendation was for approval. The Board voted unanimously to recommend approval. Councilwoman Gray made a motion, seconded by Councilman Bloom to approve the replat of Drake Park PUD Subdivision. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. (Suinn out of room.) Councilwoman Reeves made a motion, seconded by Councilman Bloom to refer the item to the City Attorney for ordinance preparation to vacate the easements in the old plat. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. (Suinn out of room.) South Meadowlark Heights, 4th Filing and Replat of a Portion of the 3rd Filing, Approved The aforementioned subdivision plat consists of 3.6 acres of land zoned R-L Low Density Residential located off the south side of Eagle Drive between Robin Court and Killdeer Street. The thirteen lots, around the cul-de-sac represent the last remaining unplatted part of South Meadowlark Heights. This matter has been under consideration for some time. Part of the problem is the requirement to put in two bridge -like structures across the New Mercer Canal at South Meadowlark Drive and Swallow. We have received the necessary agreements and performance bonds to see that this ' work is completed. Councilman Wilkinson made a motion, seconded by Councilman Bloom to approve the South Meadowlark Heights, Fourth Filing and a replaet of a portion of the Third Filing and authorize the City Manager to execute the agreement. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinr. and Wilkinson. Nays: l�pne. ` Report on Capital Improvements Program and the -Space Requirements for Municipal Functions Presented City Manager Brunton read the following report into the record; made a part of the record without the exhibits. On August 5, 1975, wo submitled "An Analysis of the• Sevt•n fear Improvc•- ment Program." Prior to oar rrporl, various repro ovWa( i,,,.,; of Desirning Tomorrow Today suhmittcd a rowrrt on the proposed ncti :r:!iLorium :it the ok! Lincoln .Junior tiii;h School silo. 'nic• City Council roquostod time to reviow Lho entire program and voted to have a :special work session on August V., 1975, to c;iscuss Lilo subject. On August 26, 1975, OTT again requoStcd that the auditorium CrnnpJoX ;It IJIIS ho Liu' next priority item. By consensus vote, t,ho Council supported Hit, raronr- mendation. At Lhe soma time Lila City Council requested the Administration Lopresont a program for implementing this rocommondnlion. The Adminislc:Iiol W;1.11 also roquost.ed to review alternate methods of mcol.ing the City "::II :;pare neri;s including the puSSihlo use of part of. tho Color:idonn I;uilding. Aflrr Lhal mcelinr, Lhc itcros we felt should be reviewed were Ilse following: 224 225 I. Since the auditorium complex is the next priority ticm, what is the best way of Implemc•utinn the program? 2. What are the advantages and disadvantages of an Auditorium -City pall building;? 3. If the auditorium complex .is built by iLarlf., a. Is the cost projection realistic? h. when should iI he built? c. what is the time schedule and cash flow? d. what .Is the chorL- and long-term use of Lincoln Junior High School? 11d 4. Uhni are alternate plans for City adminislrutivo facility..? M r S. Should part of the (A loradoan Building; be used for City adolnist ral lve 3] farllitivs? �.r A quirk review cal the entire Capital improvomonl.Program--the CounK I was Informed Thal it would take us at Icast three weeks to come up dill, an additional, relvrri. At the regular meeting, on Soptomher 2, 1975, the Council, hey n five -to -tuts We: I. Endorsed the audil" M, ''actlity as the numhvr one remaining: priorl y Ilem ' 2. Referred to OTT the question of the unfilled projvvin. 3. Asked them for roeommonded prioritles on those prnjrels with a sugtg.mtcd IimeLable for pulling the projects tugvLher and an analysis of eronumir conditions as My related to (base projects. To a large degree this nvgalod any additional administrative arlion on the Clt' pending the outcome of the OTT review. We, therefore, changed nor program to include only some preliminary comments on the C1P. it should be nolod, however, that the 1976 proposed CIP will he included in the 1476 Budget. A report on Lhe Coloradnan Building was submitted at the Seplember Illh work session. The major findings and recommendations of the rcpurl were: I. Bet'aUtie of We mmonnt of interfacing among; the existing staff at the Municipal Building, we would like to keep the various fnclltties in close proximity. 2. The originally approved purpose of Ilw Culornduan Building, should he kept intact. (See Exhibit A.) At We name time Lhc Council was informed about progress in establishing; a now CiLy Court facility at the Latimer County Court Houne. 225 'ins Therefore, our rev 1Bed progress report now includes the fit Iowl ng it"RI't: I. The role of the City Council, Administration, and Designing Tomorrow Todav in t.ho Cop ilnl Improvement Program. 11. Alternate plans for City adnh in i st rat ive faci l I ivq. III. Short- and long-term use of all or part of existing old l.Lneoln Jan -;or iliI'll School. IV. Some general comments about tilt, Capital Improvement Program. I. Role of the Cif Council, Administration_md_I)osiFninL: Tomorrow'I'day in the ('hjai f_al_l mprovement Prograoa _.----- --.. Tlu•se on -going, roles have not changed. The City CoonviI sl ill r.,loins fill - tilt (Plate responsibility for the enure (:Ill, both In estahlishlog priori- Ilc•s. budgols ;md limolablos, and in making the 4locisions regarding funding resources. I'ho City Adminis'lralion, reporling directly to tilt. City Council, retains the responsibility for develoil iill! IOeInit•;II d:ua on feasihilitios. costs, projected revenues. operating expenses ;ntd iill er- Face with other Citv programs, facilities and services; ror use by rr - City Council in their decision -making proc•csses as well as by in-r It assessing citizen desires regarding possible alternatives within t.h•, (;11'. DT'r retains Lhe resl+onsi.bllity for synthesizing the data produced h+ Administrative stnff In Iangaago and ways approprinlo for cvaluntlon by individual citizens and groups, and Hit, further rosponsibiIIty for presen- tation of: these alternal'Ives to the citizonS in it variety of vehicles (surveys, public meetings, presentations to sorviev clubs, auxiliaries, professional organizations and news media) in order to nssurc City Council of having a wide -spread citizen response incorporated into the DTT rocotmnendations to the Council. The recently created Cul.titral. Resources Board has emerged as ;mother element to be incorporated lrb'to the decision making processes regarding the CIP program. The first task to be taken on by this Board is to perform a broad evaluation of Cite Pioneer Muscum, making rcrommenda(Ions regarding conceptual uses, price allocaLion and a projected tLmctablc. As the City Council. has assigned the responsibility of coordinating ;all of the City's cultural activities to the Cultural Resources Board, we assume that this Board will also he working on the conceptual design of the Auditorium -Art complex. After DTT has completed Its study and recommen- dations regarding the Auditorium -Art complex, (to include conceptual design, construction vosts and time sehe(nle) this project also onl:hl to be turned over to the Cultural Resources Bo;u•d for its rec•ommondal ions. LI. Alternate Plans for City Facilities If our previous recommendations are accepted and approved, Clio following decisions have been made: a. The Cnloradoan mudding will he used as originally approved; nam. lv, as a community -recreation center. 226 227 b. The City court: facilities will be located in Hit, Latimer Cu,mty Court House. There have also been some significant changas in our space requLrcmaents including: a. The Forestry Division has moved out of the facility at 2011 North Meldrum into the new Park Building in City Park. b. The Human Resources Department, currently located at 220 North Moldrum, will he moving shortly to the Public llousing-Cummnnity Building located on Hountain Avenue in City Park. c. When the Rocroation Department moves to the Culoradonn Building, r the office garage on Laporte and the building on the corner of =� LaPorte and Meldrum will be surplus. .rr tt d. We will not be replacing one or two persons In our Building Inspection Division. e. One of our senior planners is on loan as Director of tilt, Housing; Rehabilitation Program and will be located in the Community Cenl.er In Buckingham. The four aforementioned buildings in Washington fart( (City Ila11) block are shown as Exhibit B, together wit li some detailed sketches of the foci Iit inti. We are proposing Lhat Lhe following faciLities go into these. buildings: a. Building A - 220 North Meldrum, to be used by the Rail listato and Land Acquisition offices (if Avery House is turned over, to the Poudre Valley landmarks Foundation). b. Building; IS - 206 North Meldrum, to be used by Itui.iding;s and Ground:;, and Health and Safety Divisions. C. Building C - 202 North Meldrum, to be used by the Planning Department d. Building p - garage on I.al'orto to be used by Enginooring Division. Depending on 1-he timetable for constructing addiiional permanent municipal building facilities, we will have to nagutiato to extend our lease on the property on the northeast corner of Howes. anti LaPorte. This facility is our Police annex, an(1 it is used by the Patrol Division. II1. Short- md Long_ Lerm Use of AI I or Part of Old I_Ineoln Junior Ilig;h School It was and is important that we cont lnuaI ly review and study nil conq+o- nests of Lila (:11). This is especga41y true with Iho old I..I11S. Knowing that the building would be vacated in the summer of 1975, it. was and still is important to know the ultimate use of these facilities. 227 r228 Originally tit(' facilities were to be nst,d as a cliniti fly rrcrrat inn renter. 111l(.n it bt,camc Obvious tint an auditorium could nol be brill in oon- .lunction wllh Colorado Slaty University or Pondry School Distrirl R-I, Ili(. ;Indltorlum Project had to be puL into mntltbnlls or ;In im;rlttnalivc program propos(.d. In .lilt,(. 1974, the original I•.IIIS plan was allcrt'rl Willi it proposal that lilt, old classroom facilities be demolished and :I new singe be added on the exisllog auditorium togclhcr with n balcony. 'rho coSl of lids projecl was eslima((.d a( Sl,070,0110. in Novcmher I974, at a oat session, lh(. Council requested that Iho ondilorinnt be ono tit' the priority hems. 1411b addfl i(nal 1IIVI`RI i);al ion ❑lid SItilt y, II hOCOPIt• o;Ivfonti 111.11 Ihr original proposal was not Ic.^:ililt, . The rnnl it, Ihr Inc•Ili1v bad hoer rsf im.Itt,d al S?,f100,000. Th., I inal Stearns -Rill,• r roport esi icnalyd I hat 41 Itrw and i l Ol'iWilli (local od in Ihr area of the old class roonur) work in the exislin)- gym ("i;lock Rox"),nu•(.Ling room:; in Ilse present I lirarv, and minimum work oiI the existing auditorium would Initially cost S1,997,201) with an eventual additional $11•54,500 cost to c•ompirit, a second phase. it is important Ihat fills be modified and firmed up and that a Iimviable for c•onstrurlinn It,, csinbllshrd. The critical Issue is what to Ili) with the oxiskinr strnelurv. Nr, have• had numerous groups requesting use of those Lti•flilics. If Il,o Ill-vscnl proposal Is followed, the old classroom buflcling will it, (It na•Ilshrd ;tad the remaining auditorium, gym, and library facilities remodu led nod improved for utilization. Although earls of the present facilities are uSeahlo,.thcrc Ore ;I )•rent tunny deffelt-ncles. With a chango in orc•upanc', Ihere Ore gre+tl many addi(ionnt Code violations. Enclosed nre Pr urinay' rroporls (Cxhihit C) from Don IIiSnm, Fire Marshall; and )lilt laldo, Chict' ;inilding Insp-clor, which wr previously reevived on Ihr, condition of tilt, bnftdin;•,. (:OSIR would lit, considcrab It, to in! ll;IiIy bring: part of Ihr Out Idinp np to Codc .full to operate the facility• The earIIost the new and IIorhim could be started is spring of 1976, and if we want flit, project to ho lilt a "p;Iv- ns-you-go" basis-;, the project should not skirl until early 0177. It duos not appear ndvantagoons to list, the prescni L.IIIS. (Ilelicnding (in tilt - types of r,onstruction and the tiltimaLe Iinu'Iable wo art, oxiloring ways lit' domollshing flit- old classroom facilities :Ind rrnovalinn of flit, rest of the building, if it fits into III(, master plan.) . The CLty (.'.,until cony want Lo refer this doc•fsion to U'I"I'. llowovvr, a rcc•ontmendation and clecision on this buildfnft muss he made irmlediatcly, so we can take the necessary prt'cnutionary steps In winlorir,e Iho hutid- Ing and minimize deterioration. IV. Sono, ConeraI Comments about. the (:aI+ilal Ilnprovr_nn.nI Program IJith the new (it rectionS and Just rnctlons from Ilic (:itv Counrit, wo hnve not finalized any of our investigations In tilt, C1P. tic have, howevor, evaluated ndditlonal factors including various cash -flow projections. All of this and other information should be shared with DTT as they I study nncl investigate the entire progrnm. I.Isrod below are some of our Initial additional findings and evaluations: tM 229 a. IF we want to start work on the auditorium immediately, we will l,av,• to pay over $100,000 in short -form interest. b. ProvidiIll, wo (lon't start any add it Tonal 1)rojorls or spe,-d up SpWnd- ing above our 1)roscnl projected IPVe1, we could SI:n-I runsIrut, tioil on the nod itorium In early 1977 nncl finnnet. it nn n "hay-as-yu,r,;o basis. c. IJo have• done soma 1nItial invcs1.1untion on lln• projected rust es i- mates for thr auditorium, but more study is noedcd. This is onr of the many items we will discuss with D'PT% ej+ d. Phase II of the auditorium project should not be ignored and :J conveniently put off to some future date. It will be at least r 1980 or 198.1 before the work can be done, providing the extra means of financing is continued. :Lt e. ntivantages and disadvantages of combining the City lfal] and Auditorium on the Lincoln Junior High School site (See Exhibit D) If this ,project becomes a reality, it is assumed that the Police Department would stay at the present City Hall in Washington Park. Although the present City Hall is larger than the 1980 police space requirements, it would be almost completely filled by 1990. The projected space needs of the municipal facilities is 38,000 to 40,000 square feet. The proposed budget would be estimated as follows: Auditorium $2,000,000 City Hall 1,600,000 Parking 2001000 Sub -Total S3,800,000 Remodeling Present City Hall 200,000 City Court Facilities 751000 Total $4,075,000 Pro's of Combining Facilities: 1. Better funding basis. 2. Sharing of cost and savings on joint facilities including mechanical equipment, central lobby, hallways, etc. 3. Possible amenities of LJHS site being greater than Washington Park site. It is readily accessible and is highly visible. 4. Substantial savings in operating costs and greater utilization of the facility. 5. Design would be cheaper under combination. 6. Conference rooms, etc., would be available for community and City use 229 230 Con's of Combining Facilities: �. i. More room aL Washington Park for expansion and parking. lie wouLd, however, have to purchase the remaining property in the biock. 2. Parking and scheduling would be major problems with the swimming pool, auditorium and City Hall. in same block. 3. The Municipal Building addition in Washington Park would t.•nd to stabilize the norLh end of the City. 4. 'I'hc LJH3 sit(, is small when you consider the swimming pool facility, the proposed facilities, and the requirements to kenl9 grovel space. Even by building a high-rise, the silo would still bo tight. 5. At the present time Robb and Brenner are the architects for the Municipal building, and Stearns -Roger are Lhr architects for the auditorium. In all probability one of these firms would have to be phased out with a combined faciliLy. 6. Approximately Vi,000,000+ for Lhc project at one time would place severe rest.rLO Lons on the CIP. If the facility wore constructed Immediately, it would cost approximalcly 5250,000 to S400,000 in Interest money. If it wore completed on a pay-ns-you-go basis, It could not bo started until Inie 1977 or 1975. Moro important, If we commit this much money to these two items, it would pince st•ver.e restrictions and limitations on our mach nocded storm sewer improvements and open space program. ' 7. lihon the deed to the old Lincoln Junior High School +4;ls given to the City, t.hore were two stipulationS affecting Lhis project. First, the property should roverL to the School if the "City censer to use the rite for parks and recreation purposes" and second the City must maintain no foss than 6n,000 square foot in green space plus 33,000 square focC in green space on the trcebank. 'I'hc entire program :should he articulated by I)TT to ihr cil olthis di.vorso community, whose wishes shooed then be incorjtoraiod inlu ihr 1)TT recommendation to City Council. Adjournment Councilman Suinn made a motion, seconded by Councilman Bloom to adjourn the meeting. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. ATTLST: y�$ or Lit .-Cr 230