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HomeMy WebLinkAboutMINUTES-11/09/1976-AdjournedNovember 9, 1976 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Adjourned Meeting - 5:30 P.M. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, November 9, 1976, at 5:30 p.m. in the Council Chambers in the'City Hall. Roll call was answered by Councilmembers Bloom, Gray, Reeves, Russell, Suinn and Wilkinson. Absent: Councilman Bowling. Staff Members Present: Brunton, DiTullio, Kaplan, Bingman, Krempel, Case and Lewis. Councilwoman Gray introduced a student from Boltz Junior High School who is interviewing City officials as a part of a class project. Minutes of Special Meetings on the Budget of - October 11, 1976 and October 12, 1976 Approved as Corrected Councilman Suinn stated that there should be an amendment to page 306 of the October 12 minutes to reflect that the low income recreation program be absorbed within the recreation budget, rather than from revenue sharing. Also, the vote on page 312 of the October 12, 1976, meeting should reflect all nays on the motion to'drop membership in the Colorado Municipal_ League. Mayor Wilkinson declared the minutes of the October 11, 1976 and October 12, 1976 special meetings approved as corrected. Ordinance Tabled on Second Reading Annexing the Vance First Annexation to the City of Fort Collins Following is the City Manager's memorandum and recommendation on this item: 7 At the October 19, 1976, meeting the City Council tabled the. second reading of Ordinance No. 46. At the time the Ordinance was adopted on first reading, there were objections by the property owner because the owner had not determined what zoning he desired. The Administration recommended that the ordinance be passed on first reading, but that the City table the second reading if the zoning issue had not progressed at the time of second reading. The owner is still meeting with interested parties and has not yet determined what zoning is desirable. We will have more staff discussion on this matter, and we will be in concertation with the owner and his attorney to determine if they have come to a more definite conclusion with regard to zoning. It may be necessary to table this ordinance again. We should, however, try to bring it to a final conclusion in the near future. It should also be recognized that we have up to three months after annexation to resolve zoning issues. Recommendation: The Administration recommends that the City Council consider either passing ordinance No. 46, 1976, on 'second reading, or again tabling it pending further discussion at the November 9, 1976, meeting. City Attorney March stated the zoning is not yet determined and he would assume that this could be tabled to another meeting. The Administration should be directed to contact Attorney Ralph Harden and inform him of any action on this item. Councilman Russell made a motion, seconded by Councilwoman Reeves to table the second reading of Ordinance No. 46, 1976 to November 23, 1976. Yeas: Councilmembers Bloom, Gray, Reeves, Russell,'Suinn and Wilkinson. Nays: None. Ordinance Adopted on Second Reading Relating to the Salary of the Municipal Judge Following is the City Manager's memorandum on this item: At its October 19, 1976, meeting the Fort Collins City Council adopted Ordinance No.-84, 1976, on first reading'. The City;Council decided,that the municipal judge should have the same salary increase as the other City employees; namely, 5 percent (excluding any range adjustments). Therefore, the new salary of the judge effective January 1, 1977 will.be twenty-six thousand, two hundred fifty dollars ($26,250). Councilwoman Peeves made a motion, seconded by Councilman to adopt Ordinance No. 84, 1976 on second reading. Yeas: members Bloom, Gray, Reeves, Russell, Suinn and Wilkinson None. 2 4 Suinn Council - Nays: r. _ ORDINANCE NO. 84, 1976 BEING AN ORDINANCE AMENDING SECTIONS 2-24 RELATING TO THE SALARY OF THE MUNICIPAL JUDGE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 2-24 of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting therefrom the words and figures, "twenty-five thousand dollars ($25,000)," and by substituting there- fore the words and figures, "twenty-six thousand two hundred and fifty dollars ($26,2504." Introduced, considered favorably on first reading, this 19th day of October A.D. 1976, for final passage on the 9th day of November Attest: City Clerk Deputy Passed and adopted on final reading this A.D. 1976. Attest: City Clerk Dr." and ordered published and to be presented A.D. 1976. day of November First Reading: October 19, 1976 (Vote: Yeas: 7, Nays: 0) Second Reading November 9, 1976 (Vote: Yeas: 6, Nays: 0) Dates Published: October 24, 1976 and November 14, 1976 Attest: City Clerk Ordinance Adopted on Second Reading Relating to Political Signs Following is the City Manager's memorandum on this item: Ordinance No. 85, 1976, was adopted on first reading at the October 19, 1976, meeting. During the last political campaign there was some question and challenging of the legality of various political signs in the City of Fort ,,,... Collins. To clarify this matter the Administration and Council felt that an amendment to the Zoning Ordinance should be made. Councilwoman Gray made a motion, seconded by Councilman Bloom` to adopt Ordinance No. 85, 1976 on second reading. Yeas: Councilmembers Bloom, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 85 , 1976 BEING AN ORDINANCE AMENDING SECTIONS 118-91 AND 118-97 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO POLITICAL SIGNS AND ZONING t- BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 118-91 of the Code of the City of Fort Collins be amended and the same hereby is, by adding the following thereto: "G. One (1) political sign per lot, provided such sign does not exceed eight (8) square feet in area per face and is unlighted." Section 2. That Section 118-97A of the Code of the City of Fort Collins be amended, and the same hereby is;.,to read as follows: "A. All signs shall be located on the premises to which they relate, and all exterior signs shall be permanent in nature, except for "for sale" or "for rent" signs and political signs,which shall not exceed six (6) square feet and eight (8) square feet respectively in a residential zone and which shall not exceed thirty-two (32) square feet in all other zones; provided that no political sign shall be allowed on a lot in any zone for longer than ninety (90) days in any twelve month period•, provided further that any person desiring a political sign to remain on a lot in any .zone longer than ninety (90) days, may apply to the Zoning Board of Appeals for a variance to extend the ninety day time period. The Board shall determine, based upon factors other than agreement or disagreement with the contents of the particular political sign,rwhether there is sufficient reason for an extension of time and the exact amount of time to be extended, taking into consideration the purpose for which the sign was erected, whether or not that purpose would still be served by allowing the sign to remain on the lot for an additional period of time, and the appropriate amount of time necessary to effectuate that purpose. Introduced, considered favorably on first reading, and ordered published this 19th day of October , A.D. 1976. and to be presented for final passage on the 9th day of November A.D. 1976 Mayor ATTEST: City Clerk (Deputy) Passed and adopted on final reading this 9th day of November . A.D. 1976. N ATTEST: City Clerk 5 III �Lf'.A, First Reading: October 19, 1976 (Vote: Yeas: 6, Nays: 0) Second Reading: November 9, 1976 (Vote: Yeas: 6, Nays: 0) Dates Published: October 24, 1976 and November 14, 1976 Attest: City rClerk Ordinance Adopted on Second Reading Concerning the Annual Appropriation Ordinance for the 1977 Calendar Year Following is the City Manager's memorandum on this item: At its October 19, 1976, meeting the Fort Collins City Council adopted xi Ordinance No. 86 on first reading. The Appropriation Ordinance is a require - went of State Law in the City Charter. The City makes its expenditures on the basis of the Appropriation Ordinance. Only under certain conditions and with Council approval can -these appropriations be ordered. The Ordinance allows for expenditures of $37,050,706 forthe1977 calendar year. Councilwoman Gray made a motion, seconded by Councilwoman peeves to adopt Ordinance No. 86, 1976 on second reading. Yeas: Council members Gray, Reeves, Russell, Suinn and Wilkinson. Nays: Counci man Bloom. ORDINANCE NO. 86, 1976 BEING THE ANNUAL APPROPRIATION ORDINANCE RELATING TO THE ANNUAL APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1977 x AND ENDING DECEMBER 31, 1977, AND MAKING THE MILL LEVY FOR SAID FISCAL YEAR BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That there be, and is hereby, appropriated outrof the revenues of the City of Fort Collins for the fiscal year beginning January 1, 1977, and ending December 31, 1977, the sum'of $37,050,706 to be raised by taxation and otherwise, which sum is hereby divided and appropriated for the following purposes, to -wit: i Disbursements by Appropriations: GENERAL FUND: City Council ....................................... $ 48,861 City Manager ....................................... 128,330 City Clerk ......................................... 103,761 CityAttorney ..................................... 74,19'. Boardsand Commissions ............................. Municipal Court ..................................... 66,782 G.A.S. Administration.. ................................. 48,407 Personnel....................................... 93,433 Purchasing .. ................ .............. 63,488 Management Information Services ................. 198,527 Buildings and Grounds ........................... 236,579 Employee Health and Safety ...................... 41,424 Stock Control ................................... 176,872 Transportation .................................. 154,568 Finance ............................................ 260,519 Utility Billing .................................... :.. 470,851 Insurance and Retirement ........................... 88,000 Comm. Projects and Open Space ...................... 53,014 Planning ........................................... 148,659 Police...........r.................................. 1,715,616 Fire............................................... 1,202,3:_8 g Human Resources .................................... 220,635% Engineering Services ' Administration .................................. 47,6,i7 Engineering ..................................... 290,569 Building Inspection ............................. 194,750 Traffic and Street Lights ....................... 473,790 Streets and Alleys .............................. 610,273 Parks and Recreation Administration .................................. $ 44,716 . Recreation .....................`......,.......... 369,386 Outdoor Pool ................................... 46,943 IndoorPool .................................... 144,144 Senior Citizens ................................ 35,252 Youth Centers .................................. 44,832 Parks a .......................................... 438,074 Forestry ....................................... 106,637 Grandview ...................................... 143,021 Roselawn....................................... 44,158 Library........................................... 434,308 Cultural Affairs .................................. 45,597 Transfers......................................... 10,000 Contineencv....................................... 100,000 Total. ............................................. $ 9,222,463 5q. LESS INTER -FUND TRANSFERS 647,723 TOTAL GENERAL FUND ................................ $ 8,574_,740 Total Capital Improvements ........................ 5,630,392 LESS INTER -FUND TRANSFERS ......................... 260,770 TOTAL CAPITAL IMPROVEMENTS $ 5,369,622 Revenue Sharing ................................... $ 914,928 LESS INTER -FUND TRANSFERS 830,883 TOTAL REVENUE SHARING ....... Housing Rehabilitation ............................ $ 383,216 LESS INTER -FUND TRANSFERS ......................... 10,000 TOTAL.HOUSING REHABILITATION ...................... $ 373,216 Equipment ......................................... 993,723 1 LESS INTER -FUND TRANSFERS ......................... $ 993,723 TOTAL EQUIPMENT ................................... $ -0- Golf ......... $ 316,394 LESS INTER -FUND TRANSFERS ......................... 26,234 TOTAL GOLF ......................................... $ 290,160 Water Fund ., Sour0- of Supply ................................. $ 123,520 Purification and Treatment ...................... 349,955 Transmission and Distribution ................... 387,382 Administration and Billing ...................... 477,318 Transfers ....................................... 1,255,850 Water Capital Improvements 8,517,000 Water Bond Payment .................;.............. 355,850 Total .............................................. $11,466S875 LESS INTER -FUND TRANSFERS 1,444,635 TOTAL WATER FUND ................................... $10,022,240 Sewer Fund Trunk and Collection ........................... Sewage Treatment ............................... Administration and Billing ..................... Transfers...................................... Sewer Capital Improvements .....I ............... SewerBond Payment ............................. Total............................................. $ 215,038 757,550 300,375 461,505 703,000 391,505 $ 2,828,973 LESS INTER -FUND TRANSFERS ......................... 587,525 %TOTAL SEWER FUND ..................................... $ 2,241,448 Light and Power Fund Purchase Power ................................. $ 5,534,023 Transmission and Distribution 743,794 'Administration and Billing ..................... 715,574 Transfers...................................... 1,392,260 Light and Power Capital 3,1012844 Total............................................. $11,487,495 LESS INTER -FUND TRANSFERS ......................... 1,392,260 TOTAL LIGHT AND POWER FUND ......................... $10,095,235 GRAND TOTAL EXPENDITURES .......................... $37,050,706 Section 2._ That for the purpose of providing necessary funds for meeting the appropriations set forth in Section 1 of this ordinance a levy of ten mills upon each dollar of the assessed valuation of all taxablc ;,roperty within the corporate limits of the city of Fort Collins is hereby made and assessed. Such levy represents the amount of taxes for City purposes necessary to provide for payment during the ensuing budget year of all properly author- ized demands against.the City, taking into account all of the revenues and funds to be received by the City. Said mill.levy of ten mills shall be certi-. fied to the County Assessor and the Board of County Commissioners of Larimer County, Colorado, by the Director of Finance as provided by the Charter of the City of Fort Collins. 0 Introduced, considered favorably on first reading, and ordered published this 19th day of October A.D. 1976, and to be presented for final passage on the 9th day of November A.D. 1976. WE MJI - PHONE ATTEST: City Clerk Deputy Passed and adopted on.final reading this 9th day of November A.D. 1976. a ATTEST: s} f ',w. y' City Clerk r First Reading: October 19, 1976 (Vote: Yeas: 5, Nays: 2) Second Reading: November 9, 1976 (Vote: Yeas: 5, Nays: 1) Dates Published: October 24, 1976 and November 14, 1976 Attest: City Clerk ' 10 N Ordinance Adopted on First Reading Relating to the Salary of the City Manager Following is the City Manager's memorandum on this item: At its October 26, 1976, executive session to discuss the periodic evalua- tion of the City Manager, the City Council discussed the salaries for 1977.. .At that time they decided to keep the City Manager's salary increase the same as other City employees; namely, 5 percent. Therefore, the salary of the City Manager wou._d be increased from its present thirty-two thousand dollars'($32,000), to thirty -'three thousand, six hundred dollars ($33,600), effective January 1, 19*17. Councilman Suinn made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 87, 1976 on first reading. Yeas: Council - members Bloom, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Ordinance Adopted on First Reading Concerning the Building Code and Permitting Reduction of Fire Zone Requirements Following is the memorandum from the City Attorney on this item Enclosed is a proposed ordinance which would allow the Building Board of Appeals to vary the additional requirements imposed by Fire Zones 1 and 2 down to the requirements of Fire Zone 3. Fire Zone 1 is presently most of the downtown area of Fort Collins and the area of the Century Mall. Fire Zone 2 generally surrounds Fire Zone 1 in the downtown area. The additional requirements imposed by these fire zones result in significantly greater construction costs in the downtown area. It is felt that this may be an impediment to new construction,or remodeling of existing improvements. For some period of time there has been indications that the requirements of the fire zones were not accomplishing the desired purpose and might actually be deterring building improvements which would increase the safety to life and 11 property. Recently I met with Don Hisam and Bill Waldo to discuss the possibility of removing the additional requirements of fire zones. From our discussion it was concluded that fire investigation aiming towards the possibility of elimi- nating fire zones was in order. Since then Don and Bill have met with representatives of the insurance underwriting industry and have been informed that the elimination of fire zones would not adversely affect the City's fire rate. The International Conference of Building Officials is currently considering revisions to the Building Code which would eliminate fire zones. It is our understanding that many cities have already eliminated Zones 1 and 2 and }eft only Zone 3 which requires no additional requirements over and above the normal Building Code requirements. Although all of us feel that the ultimate result will be the removal of the fire zone restrictions, it is also felt that we should not move too fast in this area but should investigate further and should possibly await further developments from the International Conference of Building Officials in code revision. Even though we desire to study this matter further, we all recognize that there are many cases where the fire zone requirements unreasonably impose requirements which substantially increase building costs without any real relation to safety. Therefore, it is felt , that there should be an ability to vary the fire zone require- ments. This ordinance would give the Building Board of Appeals that authority. It is requested that this matter be placed on the r Council agenda for their consideration. :s Councilwoman Reeves made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 88, 1976 on first reading. Yeas: Council - members Bloom, Cray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Ordinance Adopted on First Reading Amending the Park Land Fee i Following is the City Manager's memorandum on this item: 12 At its October 19, 1976, meeting the Fort Collins City Council approved an increase in the Park Land Fees from $195 to $235. The Park Land Fee was last increased in 1972 when the fee was increased from 110 to $195, Because of this large percentage increase at that time, the Administration did not feel that in the interim the Park Land Fee should be adjusted. We tried to analyze our justification for Park Land Fee increase based on Consumer Price Index, the Handy Whitman Index, the Engineering News -Record Index, and several real estate report indexes. None of these indexes met our needs. We will bring the Park Land Fee up for consideration at our budget time each year, and at that time decide whether the fees should be increased. We will try to get a summary or index that can be used as a definite guideline. t Councilwoman Reeves requested this be presented in the spring when the tap fees are to be reviewed yearly. Councilwoman Gray requested a report outlining., the difference in cost in develop- ment of a similar unit within the city and out of the city. Councilman Bloom made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 89, 1976 on first reading. Yeas: Council - members Bloom, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Resolution Adopted Amending the Organic y Contract Establishing Platte River Power Authority as a Separate Governmental Entity Following is a portion of the City Manager's memorandum on this , item: :It At its October 27, 1976, meeting, the Platte River Power Authority Board,adopted a Resolution Amending the Organic Contract Establishing Platte River Power Authority as a Separate Governmental Entity by providing for the addition of four members to the governing board. The proposed Amendment provides that the mayor of each municipality would auto- matically be appointed to serve as a member of the Board of Directors, and that the other member would be selected from the governing body of each municipality experience, and expertise, which makes them par - based -on the person's judgment, ticularly qualified to serve as a director of electric utility. The Amendment further provides that the mayor may select some other member of the governing board of the municipality to serve as the mayor's voting representative. 13 Director of Utilities, Stan Case, stated all the cities must take action on this proposal. Councilman Russell made a motion, seconded by Councilwoman Reeves to adopt the resolution and authorize the Mayor and City Clerk to sign the amendment on behalf of the City. Yeas: Council - members Bloom, Gray, Reeves, Russell and Wilkinson. Nays: Councilman Suinn. RESOLUTION 76-71 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH THE CITY OF LOVELAND, CITY OF LONGMONT, AND TOWN OF ESTES PARK, COLORADO AMENDING THE ORGANIC CONTRACT ESTABLISHING PLATTE RIVER POWER AUTHORITY AS A SEPARATE ENTITY WHEREAS, the Directors of Platte River Power Authority have adopted - a Resolution recommending to the Councils of its constituant municipalities the amendment of the organic contract establishing the Authority; and WHEREAS, such proposed amendment would reconstitute the Board of - Directors of the Authority so that the Board of Directors of the Authority would consist of eight members, two from each constituant municipality, each municipality's representatives to be the mayor or his designated representative, and another member selected by the Council of each municipality based on such person's qualifications; and WHEREAS, the City Council has reviewed the Resolution of the Authority and the proposed amendment which would accomplish that change to the governing =^ board of the Authority, and it is the opinion of the City Council that the proposed amendment is in the best interests of the cities constituting the . Authority; and T WHEREAS, the City Manager and the City Attorney have approved such amendment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and. conditions of the .agreement with the City of Love- land, Colorado, the City of Longmont, Colorado, .and' the Town of Estes ,Park, Colorado, amending the organic contract establishing Platte River Power Authority be, and the same hereby is accepted and approved; and i. 14 4 r, F BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby author- ized to execute said amendment for and on behalf of the City of Fort Collins. Passed and adopted at;an_adjourned meeting of the City Council held this 9th day of November A.D. 1976. Mayor ATTEST: aZZ,24-'e - City Clerk Resolution Defeated Approving an Agreement with the Colorado and Southern Railway Company for an Underground Electric Cable Right of Way Following is the City Manager's memorandum on this item: The Electric Utility Department requires a line under the Colorado and Southern right of way extending from the new substation at Timberline and w Prospect to the new Sewer Plant No. 2. The City Attorney's office had some minor objections to the former agreement which have been resolved. Councilmembers inquired into the basis for the one time charge of $1,300.00 for this right of way. Staff members could not factually answer this question as this fee had been set by the Colorado and Southern Railway Company. Councilwoman Reeves made a motion, seconded by Councilman Suinn to adopt the resolution and authorize the City Manager and City Clerk to execute the agreement on behalf of the City. Yeas: Councilmembers Reeves and Russell. Nays: Councilmembers Bloom, Gray, Suinn and Wilkinson. (Secretary's Note: This item was rescheduled for further action later in the meeting.) 15 Request from Downtown Merchants Association for City to Assist in Installation of Christmas Decorations in the Downtown Area Approved Following is the City Manager's memorandum and recommendation on this item: Enclosed is a letter from R. F. Juvan, President of the DMA, requesting the City to assist in the hanging and electrical connecting of the Christmas decorations. In 1975 the City Council decided not to participate in any major way in the downtown Christmas program including purchasing decorations, storing equipment from year to year, and furnishing any equipment or decorations. The Council, did, however, authorize the City to assist with manpower and equipment to install decorations as long as it is in a central location with a central theme. Recommendation: The Administration recommends that the Council authorize the Administration to cooperate with the Downtown Merchantes Association by providing manpower and equipment to assist with the Christmas decorations on public property in the downtown area. City Manager Brunton stated the City had provided electricity for the lights in 1975. ScottLarrabee, representing the DMA, stated additional decorations had been purchased for this year; the display will run from '' LaPorte Avenue to Mulberry Street on College Avenue and on gx Mountain from Remington to Mason Street. Councilwoman Reeves made a motion, seconded by Councilwoman Gray to authorize the administration to cooperate with the Downtown Merchants to provide manpower, equipment and electricity for the Christmas decorations and that the hookup occur at the convenience of the City. Yeas: Councilmembers Bloom, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Elliott -Miller Foothills West Subdivision; Fifteenth Filing Following is the City Manager's memorandum on this item.:. 16 44 4 0 The Fifteenth Filing of this Subdivision consists of three lots on a 1.1 acre site zoned R-M, Medium Density Residential District. The site is located on ' the east side of Overland Trail between Palm and Azalea Streets. The developer plans to construct a four-plex on each of the three lots. Our Planning staff reports that part of Prospect Street and Overland Trail in the area are not completely improved. In this case, the owner of the plat and the owner o.E the land funding the additional street improvements are not the same. Because of the impact of any subdivision like this, the City should have required the full improvement of Overland Trail and Prospect Street in the area as a condition of approving the subdivision. The entire subdivision impacts the major arterial street and some of the costs should be spread in such a fashion. In the last few years, the City has been more concerned about requirements of improvements to its collective and arterial streets in conjunction with major subdivision approvals. F a Councilwoman Gray made a motion, seconded by Councilman Bloom to approve the Elliott -Miller Foothills [Jest Subdivision, Fifteenth Filing. Yeas: Councilmembers Bloom, Gray, Reeves, Suinn and Wilkinson. Nays: None. (Councilman Russell out of room.) Change in Authorization for Purchase of Shares in Larimer County No. 2 Irrigation Company Approved Following is the City Manager's memorandum and recommendation on this item: At its meeting oWbctober 5, 1976, the City Council considered authorizing limited purchases of New Mercer Ditch stock. This was authorized at a price of $1,500 per share. At the same time, the Administration. requested permission to purchase limited amounts of No. 2 stock based on the same calculations which resulted in the $1,500 per share price for New Mercer. This was authorized by the Council; however, the minutes reflect that the purchase would be at the same price as New Mercer instead of based on the same calcu- lations. Actually, the No. 2 stock would calculate a purchase price of $2,300. Recommendation: The Administration recommends that Council consider this matter and correct the authorization contained in the minutes of the October 5 meeting so as to permit purchase of capital stock in the Larimer County No. 2 Irrigation Company at a price not to exceed $2,300 per share. 17 Councilwoman Reeves made a motion, seconded by Councilman Bloom that the administration be authorized to purchase Larimer County No. 2 Irrigation Company stock at a price not to exceed $2,300.00 per share. Yeas: Councilmembers Bloom, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 4 Consider Resolution Amending the America Parking Lot Agreement with the Colorado and Southern Railwav Company Following is the City Manager's memorandum and recommendation on this item: The City has leased the America parking lot for public parking purposes since 1948. The terms and conditions have been extremely advantageous to the City. At the present time the lease fee is $50 per year. The DMA has been reim- bursing the City for this amount. On several occasions the C-,I,�)rado and Southern Railway Company has talked about increasing this fee. .ow that they are part of the Downtown General Improvement District and Special Improvement District, they feel that they should be at least reimbursed for any of the charges in connection with this project. It would be extremely unfortunate for the community if we lost this lease. The Colorado and Southern Railway Company has agreed to an amendment in the lease based on the lease document dated January 1, 1951 and amended on February 15, 1961, providing that the City pay all taxes and license fees during the time we are using this lot for public parking purposes. We will give the City Council a report on Tuesday night as to the actual additional costs to,the City. We will also contact the DMA to discuss this matter with them. It is our feeling that the City and/or the District should carry these costs. Recommendation: The Administration recommends that the City Council adopt the resolution amending the lease with the Colorado and Southern Railway Company. Councilwoman Reeves made a motion, seconded by Councilwoman Gray to adopt the resolution and authorize the Mayor and City Clerk to execute the agreement for and on behalf of the City. Yeas: Councilmembers Bloom, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 18 i RESOLUTION 76-72 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING AN AGREEMENT WITH THE COLORADO AND SOUTHERN RAILWAY COMP,-yY b WHEREAS, heretofore the City entered into an agreement with the Colorado and Southern Railway Company whereby the City leased from the railway company a tract of land to be used A a municipal parking lot; and WHEREAS, this tract of land is in the core area and will be assessed for the improvements to be constructed pursuant to the proceedings in Downtown Improvement District No. 1 and City of Fort Collins General Improvement District No. 1; and WHEREAS, the Colorado and Southern Railway Company has requested that the lease for the parking lot be amended so as to require the City to pay all assessments accruing on the parking lot.property on account of the downtown improve- ments while the same is leased and used as a municipal parking lot; and WHEREAS, i_n the opinion of the City Council it is reasonable and proper that the City pay all such assessments during that time; and WHEREAS, .an agreement has been prepared and presented to the City Council which will amend the lease agreement for the municipal parking lot and require the City to pay all assessments accruing during the term of the lease, which agreement has been approved by the City Manager and the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of the agreement herein referred to be, and the same hereby are, accepted and approved; and BE IT FURTHER RESOLVED that the Mayor.and City Clerk be, and they hereby are, authorized and directed to execute said agreement for and on behalf of the City of Fort Collins. Passed and adopted at an adjourned meeting of the City Council held this 9th day of November, A.D. 1976. ATTEST •'r Mayor City Clerk' 19 Change to the Housing Rehabilitation Program Approved Following is the City Manager's memorandum and recommendation on this item: 4 At. our October 25, 1976, work session we discussed the overall housing project. At our future work sessions, we hope to. discuss the housing situation pointing out concisely the problems and our recommended solutions. One of the problems evolves around homes not occupied by the owner. Enclosed is a memo from Jim Woods, our Housing Rehabilitation Director, on the subject including the attach- ment with regard to the conditions of the loan. We also recommended at the work session that the grant level for very low income families be increased to $10,000. We indicated that due to the cost of bringing in utilities, there is very little left, for any meaninr_ful reconstruction under our existing program. We have decided to defer any decision on the relocation program until we receive a legal ruling from HUD. Recommendation:- The Administration recommends that the CityCouncil approve the amendment to our Housing Rehabilitation Program to provide for a plan up to $10,000 for very low income families and a loan program for the Andersonville, Alta -Vista and Buckingham areas based on the proposed provisions listed in Attachment B. Councilwoman Gray inquired when the administration would schedule discussion on the entire Housing Policy. Housing Rehabilitation Director Jim Woods stated it would be scheduled at a future work session. Mayor Wilkinson requested this be scheduled for a work session after the first of the year. - Councilwoman Gray made a motion, seconded by Councilwoman Reeves to adopt the recommendation of the administration. Yeas: Council - members Bloom, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. HE CITY OF FORT COLLINS 1. The City will loan money received as part.of Federal Community Devel- opment Funds to property owners in the Andersonville', Alta Vista, and Buckingham neighborhoods to assist in rehabilitating their properties. 2. Loans will be repaid at an annual rate of 3% to be amortized up to twenty years or to be repaid in full whenever the title is transferred. 3. IThe maximum loan amount will be based on the cost of bringing the property into compliance with FHA minimum rehabilitation standards, but when combined with a grant, may not exceed the replacement cost of the dwelling computed on a square footage basis. 4. Landlords receiving a loan may not increase the rental fee of the rehabed property by more than 5% annually, unless the need for a larger increase can be documented. 5. Loans up to $3500.00 will be secured by a promissory note. Loans over $3500.00 will be secured by a mortgage lien. 6. The applicant's income must qualify under the rehab program guidelines, or if the property owner has been refused a home improvement loan, from three"'lending institutions, then the application will be considered 7. Standard loan credit review procedures will be followed by the staff, and all loans will be approved by the City Manager. 8. Loan proceeds will go into a revolving fund to be used for additional loans. 9. The City Finance Department will provide loan servicing. Various Deeds and Easements Accepted Following is the City Manager's memorandum on this item: 21 9 417) (1) Bartran Homes, Inc. Easement for the installation and continued operation, maintenance, repair, alteration, inspection, and replacement of underground and/or overhead electric transmission and distribution lines of the City, located in the Warren First Annexation, for the purpose of supplying electric service to the area and surround— ing areas. Consideration: $1.00 (2) R. C. Grayson Easement agreement with the City of Fort Collins for public road, the construction and installation of a pedestrian sidewalk and bicycle path, and the installation, reinstallation, servicing and maintenance of utilities, located in Lot 6, Maynard Subdivision. �x Consideration: $1.00 ,n q+ (3) R. C. Grayson ii Grant.Deed for public road, the construction and installation of a pedes= trian sidewalk and bicycle path, and for installation, reinstallation, servicing and maintenance of utilities in Lot 6, Maynard Subdivision. Councilwoman Gray made a motion, seconded by Councilman Bloom to accept the (above listed) deeds and easements. Yeas: Council - members Bloom, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. '8 Mayor Wilkinson declared a recess to 7:15 p.m. Citizen Participation a. Thrift Honor Award'from National Credit 'Union Administration presented y Roger Hanson to Mr. Brunton. Roger Hanson presented the following plaque to City_ Manager Brunton. This was received by the Manager on behalf of the City Employees. 22 li NATIONAL CREDi,r UNION ADMINISTRATION . Washington, D.C.20456 Ofre` of the Administrator To the Officers and Members of Poi-t Coiling FCII The National Credit Union Administration is pleased to inform you that your credit union has earned the THRIFT HONOR AWARD FOR 1976. The purpose of the THRIFT HONOR AWARD is to provide incentive for credit union officials to encourage members to save •regularly as an integral part of their family financial management planning. THRIFT HONOR AWARD CERTIFICATES are awarded annually to the top ten to fourteen percent of those Federally -chartered credit unions that have shown the largest average monthly rate of increase in total savings, taking into account additional factors reflecting conscientious effort by credit union officials to encourage thrift. These factors include: • an active thrift educational and counseling program • facilities, hours, and arrangements convenient to members • regular savings by a significant number of members. May I add my personal congratulations and "well done" to the management team of your credit union for ari outstanding record during the past year. 1 ADMINISTRATOR 0 23 Report from City Manager City Manager Brunton made the following report and announcements: a. The Administration has submitted the 1041 application for a study, between Fort Collins, Larimer County, and Loveland. b. The fire truck recently involved in a traffic accident has been shipped to Rialto, California for repair. The amount of repairs is $20,000, C. The City Administration has received complaints of the fish/ kill below the Water Treatment Plant No. 1. This was attributed to the City of Greeley draining Seaman Reservoir. d. The :City has awarded two major contracts at Water Treatment Plant No. 1. Robert Dougan Construction Company was the low bidder at $422,000 and Western States was the low bidder on the second contract at $230,900. e. The Corp of Engineers had estimated $55,000 for the erosion protection work below Water Treatment Plant No. 1. The low bidder was Pinello-Hefner Construction Company of Colorado Springs at $22,275.00. f. The state has tested all City vehicles for their dynamometers. A report will be received by the City fairly soon. g. The Administration has received the monthly. report from L.C. Wilson Agency on the status of claims. This is available for z Council review. {; h. Stan Case has served as Chairman of the City's United Way Program. The City's contribution for 1976 is $5,700. i. The Administration met today with the DRC and with the Task Force. A meeting will be held on Monday, November 15, 1976 at the new Public Library at 7:00 p.m. to explain the election procedure. j. The Administration has received a resignation from the Library Board. There is also one vacancy on :the Senior Citizen's Commission and a vacancy on the Parks and Recreation Board. Applications will be received through November 18, 1976. This item will appear on the November 23, 1976 Council agenda. k. City Manager Brunton distributed cost breakdowns on the Pine Ridge property purchase. 24 1. City Manager Brunton distributed the schedule of Council meetings for November and December. M. City Manager Brunton requested an executive session on personnel matters 4:00 to 5:00 p.m. on November 16, 1976. ort from City Council Members on Committees a. Councilwoman Gray stated the Labor Committee of the CML will%reconvene after two years. b. Councilman Russell stated there will be a PRPA meeting on Wednesday, November 10, 1976 to discuss site location. Request to Reconsider Amendment of K-Mart Plaza P U D.: Final Unit Development Plan Following is the City Manager's memorandum and recommendation on this item: _. At its June 22, 1976, _meeting the City Council approved an amendment of the K-Mart PUD Final _Unit_ Development Plan "based upon a landscaping bond of the improvement of the access road." We have been asked by Mr. Ralph Miller of K & M Associates '. to bring this matter back to City Council for reconsideration of the condition -^�- of the access road improvement. The problem concerns the access road between K-Mart and the Century Mall. The Planning and Zoning Board among its other recommended conditions for approval - stated, "a performance bond for the improvement of the south half of the access road (end of Century Mall) must be deposited with the City prior to the issuance of a building permit for the building in the L-shaped area." The developer believes all he is required to do is provide for the performance bond in the south half of the property. The minutes of the Council meeting indicate the intent of the Council's motion was to require the improvement of the entire access road. Mr. Miller would like a reclarification of this point. The Administration..believes that the access road improvement would basically do no good if only half was improved. . 25 'V It is unfortunate that K & M Associates do not have direct control over the access road. This road which runs behind McDonald's between K-Mart or K & M Associates and Century Mall is now owned by Messrs. Shockley and Simon of Century Mall. Mr. Shockley, owner of the south half of the road now says he will not allow the roadway to be installed unless the entire access is completed. Mr. John Brooks of King Soopers is trying to resolve the matter. Several weeks ago, on behalf of King Sooper, he contracted with Jim Stewart to come up with a finished plan and estimated cost for the roadway between these two developments imcluding some storm drainage. They will present this project to Messrs. Simon and Shockley for consideration after they know the final costs. Although it is unfortunate for K & M Associates, we believe it is not advisable to allow futher. development in this area without improvement of the access road. Recommendation: The Administration recommends that the Council re -affirm their position made by motion regarding the access road. The Administration further recommends that no further consideration be made on this matter until the access road is completed or that the conditions for completion of the access road are completed, and that they be requested to do everything possible to act as a r:catalyst to expedite completion. The access road is located entirely on private property. Mr. Bruce Keenan, representing K & M Associates spoke at length to the question of requiring this developer to place the improvements on "somebody else's property." City Attorney March stated that Council's action in requiring that the entire road be improved is legal; the justification being the traffic conditions are already more than the existing facilities can bear and putting more improvements on the land will create more traffic. Mr. Keenan stated that in that case, the developer should have some right of condemnation which he did not. +. City Attorney March stated that the developer had the right of private condemnation. Also, the City in this type of situation, in the past, has used it's powers of condemnation on behalf of the developer if necessary. In a recent similar action, the developer had paid the cost of the condemnation action. Mr. Keenan stated he would like to review the,,history of this request on behalf of the developer. 1. The developer has worked with the engineering deparjtment and the planning department. 2. There has been a building designed. 3. Construction bids on the building have been taken. 26 9 4. A construction contract has been issued. All on the basis that the south portion of the road was the only portion that required improvement, City Attorney March_ again reviewed the Council minutes which- state ---"to approve the amendment of K-Mart Plaza P.U.D., Final Unit Development Plan, based upon a landscaping bond and the improvement of the access road." City Manager Brunton and City Attorney March stated there are a numbeV of things the administration could have explored in this area short of condemnation which has not been ex-p17ai7ned yet. Councilwoman Reeves made a motion, seconded by Councilwoman Cray that the Council re -affirm its position that the entire access road be completed and that the staff work immediately to assist in seeing that the north half is completed. Yeas: Councilmembers Bloom, Cray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Betz Request --Riverside Drive Property Mayor Wilkinson announced he felt he had a conflict of interest on this item and would withdraw from consideration or voting on this issue. Following is the memorandum from the City Attorney on this item You have received a copy of a letter from Bill Dressel _ requesting that the Council review the status and claims of Mr. and Mrs. Betz regarding properties on Riverside Drive. This matter involves primarily improvements made to Riverside Drive in connection with District No. 69. The City originally had an 80-foot wide right of way for Riverside Drive. At the time of formation of District No. 69 we acquired from Rhoades, Inc., additional right of way for this,street. The right of way was also to be used for the installation of sidewalks and utility lines. The street improvements were installed in this district and som'c improve- ments were installed on the right of way which we thought had been acquired from Rhoades, Inc. It was later determined that Rhoades, Inc., was not the owner of all of the property 27 but was only a contract purchaser and the former property owner, Mr. and Mrs. Betz, have taken the property back because of default in making the required payments under the contract of purchase. Mr. Betz has refused to honor the right of way dedications made by Rhoades, Inc., and has demanded that the City purchase the property which was the subject of the additional dedication. After a review of this situation, I recommended to the appropriate City personnel involved that a determination be made of'the"amount of additional right of way actually being used in connection with the improvements installed and that we negotiate for the purchase of this additional right.of way. This would be less than the full additional right of way which was thought to be dedicated since not all of that right of way was not occupied by improvements. The additional property so occupied has been determined and the property acquisition department has made a determination that a price of $ 0.65 per square foot for utility easements and $ 1.25 per square foot for areas used for street and sidewalk is a reasonable price to pay for the ground in question. This would amount to a total payment for all of the. parcels in question of $ 15,964.96 My recommendation that to ''_-ty purchase this property was subject to the understanding that the City would require the property owner to repay any amount paid at the time of subdivision and development of the land in question. Because of this recommendation, I prepared dedication deeds for the signature of Mr. and Mrs. Betz which expressly set forth the a fact that the City maintained the right to collect the payments back in the event the property was subdivided and ^�A developed. Mr. Betz refused to accept.the settlement on this basis and we have been advised that he will only settle if the City gives up its claim of a right to demand repayment of the amount paid as a condition to approving a subdivision x plat or allowing development of the property. The offer which I recommended was consistent with settlements that were reached with other property owners in similar situations. (For example, the Highlander Heights settlement on District No. 69.) The City has consistently maintained a right to require dedicationsasa condition of development of property and if improvements are installed ahead of development, the City has maintained the'rfght to collect back the cost of such improvements as a condition to allow development or the property at a later date. To give up this cla=.m in connection with the Betz property would not be consistent with the way other property owners have been, 28 treated. (It is noted that of necessity a different treatment has been afforded property owners of developed properties; however, there is no basis to require dedications from the owners of property already developed.) In view of past established policy, it is my recommendation that the City adhere to the policy of maintaining the right to collect back any amount paid for right of way as a condition to approving subdivision and development of properties adjoining the right of way. *Total price includes additional right of way for Lemay Avenue at $3.00 per square foot. In connection with the above matter, it should also be noted that the City did not pay Rhoades, Inc., any amount for the dedication in question. Therefore, any payment made would not be a double payment for the right of way. The fact that the City has taken property which it did not acquire by valid dedication -would render it liable in an inverse condemnation to a judgment for the value of"the property as determined by a Court commission or jury. Additional problems undoubtedly will be raised involving the ability to collect the assessments for the improvements in view of the assessed value of the property. As in the case � of other properties with low assessed value and no waiver, �fF the City will maintain a right to collect the assessments as a condition of permitting subdivision and development of the property. Finally, it is my understanding that a portion of the property is being subdivided and the subdivision plat for the property has been presented to the Planning and Zoning Board and will be presented to the City Council. In negotiating on -this matter, we did raise the possibility of deferring collection of amounts paid beyond the time of subdivision to the time of actual sale of property or taking out a building permit or otherwise installing improvements on the property. This offer was made only if a lien was given to the City for the amount in question to be filed against the land. This offer was not accepted. The remainder of Mr. Dressel's letter pertains to the zoning on portions of the property. This is a matter which is not properly before the Council and should be,processed. through the Planning and Zoning Board in regular fashion. Possibly it would justify a request by the City Council that the Planning and Zoning Board consider it at the next meeting of the Board regardless of whether that meeting is normally open to rezoning requests. This would appear to be justified in view of the claims that the previous rezoning was accom- plished without Mr. Betz's knowledge or consent. ►E It should also be noted that the problems that have developed in connection with these properties have caused revision of our administrative procedures and we are now requiring a certification by an attorney or title company to ownership of. property which is the subject of any subdivision plat processed through the City. Attorney William Dressel stated the owners of the property are Ezra and Helen Betz, his relationship to the property is that there is a joint venture agreement which has been executed between several persons, members of which are Cary Ross, himself, Bob Montgomery and others in relationship to development of this property. Attorney Dressel stated, for the record, that he and Mr.�Ross are members of the Planning and Zoning Board and they do have direct financial interest in the property. City Attorney March stated one of the items requested by __ Mr. Dressel is the zoning matter which is"not properly_before the Council and must go before the Planning and Zoning Board for a recommendation. Attorney Dressel then addressed the payment for an easement along the front of Riverside Subdivision Eighth Filing. Further, if the payment were not made, Attorney Dressel stated the owners would have rights to go to the courts (inverse condemnation). City Attorney March responded to Mr. Dressel's comments and added the only dispute was whether or not the City has a right, as a condition to approving subdivisions plats or otherwise c( allowing development of these lands to require reimbursement for the amount that it pays for the right-of-way at that time. Owner, E. R. Betz, spoke to previous dedications made by himself for Lemay Avenue and McHugh Street. Councilman Suinn made a motion, seconded by Councilman Bloom that Council support the City's policy, asserting its right to require repayment of any amount paid fora right-of-way upon subdivision or development of property adjoining„the right-of- way. Yeas: Councilmembers Bloom, Gray, Reeves:', Russell and Suinn.' Nays:.None. (Councilman Wilkinson out of room.) . Consider Voting on the Official Ballot for the National League of Cities Following is the City Manager's memorandum and recommendation on this item: 30 At our October 26, 1976, work session the Fort Collins City Council informally discussed the proposed amendments to the bylaws on the National League of Cities. At that time the City Council asked Councilwoman Gray to review this matter further and to send the background material to each Councilmember to make recommendations at the regular meeting. Enclosed is a letter from Hans G. Tanzler, Jr., President of the National League of Cities,together with a copy of the official ballot and the background of the NLC Goals Program. It should be noted that the background on the NLC Goals Program includes the dues schedule for 1977 and 1978. At the present time we have been paying our dues on the basis of our 1970 official census. If the membership is open to all citizens with the sliding scale dues _schedule, I assume that we would be considereq under our estimated population. Councilwoman Gray will have more information available at the Council meeting on this subject. Recommendation: The Administration recommends that the City Council discuss the proposed amendments and authorize the mayor to sign the official ballot on behalf of the City.. Councilwoman Gray requested Council not take action in item A of the ballot in order to allow her time to speak with CML President Ruth Fountain. This item will be considered at the_• November 16 work session. Council, by consensus, agreed to vote "yes" on items B, C, D and E of the following ballot: - OFFICIAL BALLOT FOR MEMBER CITIES on Changes to the Bylaws of the National League of Cities as proposed by the Board of Directors On October 8, 1976 Do you favor amending the bylaws of the National League of Cities as proposed below in Amendments A through E? A. Membership and Voting YES NO Opening National League of Cities' membership ❑ ❑ to all cities and instituting a weighted voting system for all member cities and increasing state municipal league votes from 10 to 20. . 31 B. Board of Directors Membership Including on the National League of Cities' Board of Directors all past presidents of the League so long as they continue in elective city office. C. Fiscal Year Changing the National League of Cities' fiscal year ❑ ❑ to October 1 through September 30. D. Title Change Changing the title of the National League of Cities' ❑ ❑ Executive Vice -President to Executive Director.. E. Procedural Changes Clarifying National League of Cities' business �} ❑ meeting procedures and clarifying procedures for amending bylaws. �i Signature for member city: Mayor City Date 1976 Return: National League of Cities w Attention: Beverly Collins 1620 Eye Street, N.W. Washington, D.C. 20006 Your signed ballot must be received by November 24, 1976, if it is to be counted. Other Business a. City Clerk Verna Lewis read the proclamation proclaiming the week of November 19-25, 1976 as National Farm -City Week. b. City Attorney March requested Council go ,back to the Betz request; there is a final recommendation'in the City Manager's memorandum that Council refer the Zoning question to the Planning and Zoning Board to be considered at the'Board's next meeting with a report to the Council as soon as possible. 32 %1 Mayor Wilkinson again asked to be excused from participation or voting on this matter. Councilman Bloom made a motion, seconded by Councilwoman Gray to refer the Betz zoning matter to the Planning and Zoning Board at their next meeting. Yeas: Councilmembers Bloom, Gray, Reeves -and Suinn. Nays: None. (Councilmen Russell and Wilkinson out of room.) C. City Manager Brunton stated the administration would be meeting on Wednesday, November 10, 1976 with the merchants on College Avenue from Laurel Street north to Mulberry or Magnolia. The administration will report on this issue no later than November 23, 1976. d. Councilwoman Gray inquired when the day care center issue would be on the work session agenda. City Manager Brunton stated this item would be on the November 16, 1976 work session agenda. Adjournment Mayor Wilkinson declared the meeting adjourned until 1:30 p.m. on November 16, 1976 to discuss the resolution approving an agreement with the C&S Railroad for an underground electric cable right-of-way. ATTEST: VVAA AA - City nerk 33