HomeMy WebLinkAboutMINUTES-01/06/1976-RegularIJanuary 6, 1.976
COUNCIL OF CITY OF FORT COLLINS, COLORADO
Council - Manager Form of Government
Regular Meeting - 5:30 P.M.
A regular meeting of the Council of the City of Fort Collins was held on
Tuesday, January 6, 1976, at 5:30 P.M. in the Council Chambers in the City
of Fort Collins City Hall. Mayor Russell called the meeting to order noting
the following Councilmembers present: Bowling, Gray, Russell, Suinn and
Wilkinson.
Absent: Councilmembers Bloom and Reeves. (Note: Councilwoman Reeves arrived
at the meeting baiiediately after the minutes were approved.)
Staff Members Present: Brunton, DiTullio, Bingman, Krempel, Kaplan, Cain and
Lewis.
Also: City Attorney Arthur E. March, Jr.
Minutes of Adjourned Meeting of December 9, 197S and
Regular Meeting of December 16, 197S Approved
Councilman Bowling made a motion, seconded by Councilwoman Gray to approve the
minutes of December 9, and December 16, 1975 as published. Yeas: Councilmembers
Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None.
Report on 208 Area Wide Waste Water Management Study
Received
Regional Coordinator, Eric Eidsness, of the Larimer-Weld Council of Governments
presented an oral report on the 208 Area Wide Waste Water Management Study.
This is a two year planning process, which provides an opportunity for local
government to get involved in the planning and implementation of water pollution
control.
Mr. Eidsness addressed the objectives and timetables of the two year plan.
Mayor Russell acknowledged receipt of the report on behalf of the Council.
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Ordinance Adopted on Second Reading Vacating
Alley in Block 115
Councilwoman Reeves made a motion, seconded by Councilman W'ilki.nson to adopt
Ordinance No. 82, 197S on second reading. Yeas: Counc_ilmembers Bowling, Gray,
Reeves, Russell, Suinn and Wilkinson. Nays: None.
ORDINANCE NO. 82 , 1975
BEING AN ORDINANCE VACATING CERTAIN ALLEYS
LOCATED IN BLOCK 115 OF HARRISON'S ADDITION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, the owners of the property adjoining the same
have petitioned the City Council to vacate the alleys in Block
115, Harrison's Addition to the City of Fort Collins, Colorado;
and
WHEREAS, such request was made to the City Council in
order to accommodate construction proposed by the owners of
property in said block; and
WHEREAS, it appears to'the City Council that the alleys
now existing in said block are not needed for public purposes
nor are the same needed to service the owners of property in
said block, and therefore the Council finds and determines
that said alleys are not needed for municipal purposes nor
will the same be needed for municipal purposes in the future
and the rights of the citizens of the City of Fort Collins
will in no way be prejudiced by the vacation of said alleys.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF FORT COLLINS that the alleys in Block 115, Harrison's
Addition to the City of Fort Collins be, and the same hereby
are, vacated, abolished and abated; provided, however, that
there is hereby reserved unto the City of Fort Collins a right-
of-way and easement over and across the following portions of
said alleys, to -wit:
Begin at the NW corner of Lot 8 of said Block 115,
Harrison's Addition to the City of Fort Collins
and run thence South 140.00 feet, thence West 20.00
feet, thence North 140.00 feet, thence East 20.00
feet to the point of beginning;
ALSO:
Beginning at the SW corner of Lot 1 of said Block
115, Harrison's Addition to the City of Fort
Collins and run thence North 180.00 feet, thence
West 20.00 feet, thence South 180.00 feet, thence
East 20.00 feet to the point of beginning;
ALSO:
Beginning at the SW corner of Lot 10 of said Block
115, Harrison's Addition to the City of Fort
Collins, thence East 190.00 feet, thence South
20.00 feet, thence West 190.00 feet, thence North
20.00 feet to the point of beginning.
C^ for the installation, reinstallation, servicing and maintenance
C� of utilities and utility lines..
Introduced, considered favorably on first reading, and
ordered published this 91t1�— day of pecember A.D. 19750
and to be presented for final passage on the 6th day of
January A.D. 1976.
ATTEST: Mayor
sty Clerk
Passed and adopted on final reading this 6 tk day
Of A.D. 197(,.
ATTEST: Mayor
ges
y Glefk —44-4�
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First Reading: December 9, 1975 (Vote: Yeas: 5, Nays: 0)
Second Reading: .January 6, 1976 (Vote: Yeas: 6, Nays: 0) '
Dates Published: December 14, 1975 and January 11, 1976
"Attest: `k a'
City Clerk
Ordinance Adopted on Second Reading Relating
to the Zoning Board of Appeals
Councilwoman Gray made a motion, seconded by Councilman Wilkinson to approve
Ordinance No. 83, 1975 on second reading. Yeas: Councilmembers Bowling, Gray,
Russell, Suinn and Wilkinson. Nays: Councilwoman Reeves.
ORDINANCE NO. 83, 1975
BEING AN ORDINANCE AMENDING SECTION 118-20 OF
THE CODE OF THE CITY OF FORT COLLINS RELATING
TO ZONING AND THE ZONING BOARD OF APPEALS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF.FORT COLLINS:
That Section 118-20 of the Code of the City of Fort Collins
be, and the same hereby is, amended to read as follows:
"§118-20. Zoning Board of Appeals; duties and powers.
"Subject to being overruled by the City Council, the
Zoning Board of Appeals shall have the following
powers and duties, all of which shall be in compliance
with the Charter of the City of Fort Collins, in
harmony with the purpose and intent of this chapter
and in accordance with the public interest and the
most appropriate development.of the neighborhood:
"A. To hear and decide appeals from,
any order, requirement, decision
tion made by, an administrative
charged with enforcement of the
established by this chapter.
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and review
or determina-
official
regulations
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"B. To authorize, upon appeal in specific cases,
variances from the terms of this chapter where,
by reason of exceptional narrowness, shallow-
ness or slope of a specific piece of property
at the time of the enactment of this chapter,
or by reason of exceptional topographic condi-
tions or other extraordinary and exceptional
situations or conditions of such piece of property,
the strict application of any regulation enacted
herein would result in peculiar and exceptional
practical difficulties to, or exceptional and
undue hardship upon, the owner of such property,
provided such relief may be granted without sub-
stantial detriment to the public good and without
substantially impairing the intent and purposes
.of this chapter, provided that no variance shall
authorize any use in a zoning district other
than a use specifically permitted in such
zoning district, except that a use variance
may be permitted for the extension of a non-
conforming use located or to be located on
land owned by the person, firm or corporation
having title to the nonconforming use at the
time of passage of this chapter. The extension
of the nonconforming use shall be permitted
only.within a conforming building.
"c. To adopt by-laws governing the operation of the
Zoning Board of Appeals and said board is
specifically given the power to determine by
said by-laws the number of members needed for
a quorum of the board,and the number of affirma-
tive votes needed to grant a variance from the
zoning ordinance or to take any other action
which said board may be authorized to take.
Before any such by-laws become effective, the
same shall be submitted to and approved by the
City Council."
Introduced, considered favorably on first reading, and
ordered published this 9th day of D A.D. 1975,
and to be presented for�inal passage on the 6th day of
January , A.D. 1976.
ATTEST:
f
y Clerk
de?,_,�,zZa A _L_a__e4
Mayor
Passed and adopted on final reading this day of '
_, A.D. 197 L O a
ATTEST: Mayor
V
City Clerk
First Reading: December 9, 1975 (Vote: Yeas: 5, Nays: 0)
Second Reading: January 6, 1976 (Vote: Yeas: 5, Nays: 1)
Dates Published: December 14, 1975 and January 11, 1976
Attest: rid'
City Clerk
Ordinance Tabled to March 2, 1976 on Second Reading
Relating to the Sales Tax on Industrial Machinery
Councilman Bowling stated he would like to table second reading of this ordinance
until Council has more information. Councilwoman Reeves stated she would like to
sde the ordinance defeated because; number one, the Council will be looking at
the total revenue and expenditures for the City, and number two, she is generally
opposed to special tax benefits. Councilwoman Gray also desired to see the
total revenue package.
Councilman Suinn commented that he was not convinced the ordinance provided a
+ means for attracting industries. Councilman Wilkinson again stated he.favored
the ordinance as a means of locating industry inside the city limits. Mayor
Russell addressed the difficulty of administering the ordinance.
Councilwoman Gray.made a motion, seconded by Councilwoman Reeves to deny Ordinance
No. 85, 1975 on second reading. Yeas: Councilmembers Gray, Reeves, and Suinn.
Nays: Councilmembers Bowling, Russell and Wilkinson.
City Attorney March advised the Council that the motion failed, but did not dispose
of the problem.
Councilman Bowling made a motion, seconded by Councilman Wilkinson to table the
second reading of Ordinance No. 85, 1975 to March 2, 1976. Yeas: Councilmembers
Bowling, Gray, Russell and Wilkinson. Nays: Councilmembers Reeves and Suinn.
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Ordinance Adopted on Second Reading Vacating
Public Easements on a Portion of Tract .I
Soutlmtoor Village, Tliird Filing
Councilwoman Reeves made a motion, seconded by Councilman Bowling to adopt
Ordinance No. 87, 197S on second reading. Yeas: Councilmembers Boieling,
Gray, Reeves, Russell and Suinn. Nays: Councilman Wilkinson.
ORDINANCE NO. 87 1975
BEING AN ORDINANCE VACATTT—NG A PORTION OF
TRACT I, SOUTHMOOR VILLAGE THIRD FILING
IN THE 'CITY OF FORT COLLINS, COLORADO
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C^ WHEREAS, heretofore by the filing of the plat of Southmoor
Village Third Filing, Tract I, as shown on said plat, was
dedicated to the City as open space and drainage area; and
WHEREAS, the'owner of the adjoining Lot 195 has requested
that the City vacate a portion of such Tract I which was
dedicated to public use; and
WHEREAS, this request has been made because a house was
' constructed on the portion of said tract for which the vacation
is requested and such portion is not necessary to the public
uses to be made of the balance of Tract I; and
WHEREAS, this portion of Tract I is not needed for munici-
pal purposes nor will the same be needed for municipal purposes
in the future and the rights of the citizens of the City of Fort
Collins will in no way be prejudiced by the vacation of the same.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that all public rights of the City of Fort
Collins in and to the following portion of Tract I, Southmoor
Village Third Filing, to -wit:
Commence at a point on the East line of Lot 195,
Replat of Lots 88 through 101 and Tract I, Southmoor
Village Third Filing, in the City of Fort Collins,
which is 30 feet South of the Northeast corner of
said Lot 195, and run thence South 34 feet, thence
East 5 feet, thence North 34 feet, thence West 5
feet to the point of beginning;
be, and the same hereby is, vacated, abated and abolished
an
Introduced, considered favorably on first reading, and
ordered published this 9th day of December A.D. 19750
and to be presented for anal passage on the nth= day of
.January A.D. 1976•.
ATTEST: Mayor
Y Clerk
Passed and adopted on final reading this 6th day of
January A D. 197 6.
ATTEST:
First Reading: December 9, 1975 (Vote: Yeas: 4, Nays: 1)
Second Reading: January 6, 1976 (Vote: Yeas: 5, Nays: 1)
Dates Published: December 14, 1975 and January 11, 1976
Attest:
City Clerk
Ordinance Adopted on Second Reading Amending
the Fire Code
Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt
Ordinance No. 88, 197S on second reading. Yeas: Councilmembers Bowling, Gray,
Reeves, Russell, Suinn and Wilkinson. Nays: None.
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ORDINANCE NO. 88 1975
BEING -AN ORDINANCE AMENDING THE UNIFORM
FIRE CODE ADOPTED BY CHAPTER 50 OF THE
CODE OF THE CITY OF FORT COLLINS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That the Uniform Fire Code adopted by Chapter
50 of the Code of the City of Fort Collins be, and the same
hereby is, amended by adding to said Uniform Fire Code addi-
t= tional subsections as follows:
CC
.w-
"Section 11.106(b). Limits referred to in this
section of the Uniform Fire Code in which storage
of explosives and blasting agents is prohibited
are hereby established as follows: All of the City
of Fort Collins except any areas zoned I-G, General
Industrial District, under the City zoning ordinance.
"Section 15.201(f). The limits referred to in this
section of t e Jniform Fire Code herein adopted in
which storage of flammable liquids in above -ground
' tanks outside of buildings is prohibited are hereby
established as follows: All areas in the City; pro-
vided, however, that this prohibition shall not
extend to any such tanks installed and in
prior to the passage of this ordinance if such tanks
otherwise meet the requirements of the Uniform Fire.
Code.
"Section 20.105(a). Limits referred to in this
section oT the Uniform Fire Code in which bulk storage
of liquefied petroleum gas is restricted are hereby
established as follows: All of the City of Fort
Collins except areas zoned C, Commercial, or in an
industrial zone under the City zoning ordinance."
Section 2. This ordinance shall become effective ten days
after final passage in accordance with the provisions of the
Charter of the City of Fort Collins.
Introduced, considered favorably on first reading, and
ordered published this 16th day of December , 1975, and
to be presented for final passage on the 6th day of January ,
197 6 .
' ATTEST:
City Clerk
Li � y��Llit?-l�f
Mayor
i-0
Passed and adopted on final passage this 6th day of '
January 1976..
ATTEST:
Mayor
Sty c er
First Reading: December 16, 1975 (Vote: Yeas: 6, Nays: 0)
Second Reading: January 6, 1976 (Vote: Yeas: 6, Nays: 0)
Dates Published: December 21, 1975 and January 11, 1976
Att t f'�..
i
City Cler
" Various Deeds and Easements Accepted
1. Dedication of Easement from the First United Presbyterian Church of
Fort Collins, Betty Asmus, Lawrence Kendall, and Patricia Kendall for '
the installation, reinstallation, servicing and maintenance of utilities
and utility lines over, under, across and through.a parcel of land
situate in Block 115, Harrison's Addition, in connection with the vacation
of alleys in Block 115 (Ordinance No, 82, 1975).
Consideration: None
2. Grant Deed from Richard L. and Suzanne Speth for street, pedestrian
sidewalk, and the installation, reinstallation, servicing and maintenance
` of utilities on West Lake Street.
Consideration: $594.00
3. Grant Deed from B. F. Van Sant and Homer Reed for street, pedestrian
sidewalk, and the installation, reinstallation, servicing and maintenance
of utilities on Willox Lane east of College Avenue.
Consideration: $1.00
Councilwoman Reeves inquired into item number two above. Director of Engineering
Services, Roy A. Bingman, stated this portion of right-of-way is necessary to
complete Lake Street.
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Councilman Bo%-iling.made a motion, seconded by Councilman Wilkinson to
accept the Various deeds and casements. Yeas: Coiuicilmonhors bowling,
Gray, I:reres, Suiiui and Wilkinson. Nays: Councilman Russell.
Resolution Adopted Alyroving an Amendment to a
Contract With the Colorado and`Southern Railway
Company
Councilman Wilkinson made a motion, seconded by Councilman Suinn to adopt
the resolution. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn
and Wilkinson. Nays: None.
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RESOLUTION 76-1
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AMENDMENT TO AN AGREEMENT WITH
THE COLORADO AND SOUTHERN RAILWAY COMPANY
WHEREAS, heretofore on July 7, 1965, the City of Fort
Collins entered into a"license agreement with the Colorado and
Southern Railway Company for the construction of a sewer line
along or across certain premises owned by said railway company;
and
WHEREAS, the City has requested an amendment to said
agreement permitting the installation of a sewer pipeline
within the easement granted by such license agreement; and
WHEREAS, the railway company has submitted to the City
an amendment to said license agreement permitting the installa-
tion of the necessary sewer line; and
WHEREAS, such amendment has been approved by the City
Attorney and the City Manager, and the City Council now desires
to approve and accept the same.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the terms and conditions of the amendment
to Contract No. 7194 with the Colorado and Southern Railway
Company be, and the same hereby is, accepted and approved; and
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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.
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Passed and adopted at a regular meeting of the City Council
held this 6th day of January, A.D. 1976.
C/til��
ATTEST: Mayor
ity C er
Citizen Participation
1. Mr. David Lipp, 623 South Grant, inquired into a recce -it ruling made by
the Fire Marshal prohibiting candlelight ceremonies in churches.
City Attorney March stated he had received inquiries from ministers and
the Council of Churches and in each case the problem had been resolved
to everyone's satisfaction. The ruling was not that you could not have
candlelight services, but under the Uniform Fire Code adopted throughout
the nation there are ways in which it can be held. Mr. March stated that
it had been agreed that after this holiday season, meetings would be held
with representatives of the various churches, the Fire Department and the
City Attorney's Office to see if changes could be proposed that could be
agreed upon.
2. Andy Anderson, 1421 Skyline Drive, requested that Council refrain from
holding executive sessions until a declaratory judgement on the legality
of the ordinance had been handed down.
City Attorney March stated he had been in contact with the Attorney General's
Office requesting that they act on the ordinance and had not received a
reply.
3. Mayor Russell expressed his appreciation and that of the Council to
Street Superintendent Frank Fisch for their excellent snow removal after
the recent storm.
Change Order in Construction of Waste Water
Treatment Plant No. 1 Approved
Following is the City Manager's memorandum on this item:
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At its March .18, 1975, meeting, the Fort Collins City Council awarded the bid
to the Faith Contracting Corp., the low bidder for the remodeling and addition
to Plant No. 1. This contract was in the amount. of $729,,887. The City of
Port Collins had previously purchased $400,000 worth of equipment prior to
the construction bid to provide for easier delivery schedules. At the time we
awarded the bid, it was known by us and the various State agencies that we
had not included the Prevailing Wage Law in this contract. None of us on
staff including our City Attorney felt it was necessary to include a Prevailing
Wage clause since the cash flow was entirely State money. We recognized that
when we were dealing with a Federal grant we had to go to Prevailing Wages.
.Several months ago, we received correspondence from the Department of Labor
that we were in violation of the Prevailing Wage Law. Ile had a series of
'. meetings with the various State agencies. On Friday, December 19, 1975, the
Colorado Department of Public Health and the Colorado Department of Labor and
Employment came to an agreement concerning the Prevailing Wage provisions. This
agreement calls for the City to start paying Prevailing Wages effective Monday,
December 22, 1975. It is estimated that this additional change order will cost
the City of Fort Collins about $80,000 with 2S percent being reimbursed by the
State of Colorado. For many reasons we feel we have to and should accept this
offer and, therefore, immediately made the necessary amendment to notify the
various State agencies that we were going to comply with.this requirement.
However, we do feel it is necessary for this to be ratified by the City Council.
' Recommendation: The Administration recommends that the City authorize the
change order with the Faith Contracting Corp. to pay the prevailing wages
effective Monday, December 22, 1975, and terminating at the end of the construc-
tion project.
Director of Water and Sewer Utilities Roger Krempel stated the State order is
contradictory to an earlier understanding with the department that lower wages
could be paid on the project.
Councilmembers expressed their displeasure of this requirement and requested
the City Attorney to direct a letter to the State requesting a clarification,
of the State's position on this matter.°
This is change order number four to contract number three, for a total of
$55,000.00.
Councilwoman Reeves made a motion, seconded by Councilwoman Gray to authorize
the change order with Faith Contracting Corporation, to pay the prevailing
wages effective Monday, December 22, 1975, and terminating at the end of the
construction project. Yeas: Councilmembers Bowling, Gray, Reeves and Russell.
Nays: Councilmembers Suinn and Wilkinson.
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Appointment to Six City Water Committee
Following is the City Manager's memorandum on this item:
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The Six City Water Committee is an advisory committee to the Northern Colorado
Water Conservancy District. Its iwijor project in r(-Vent years has been thr
Windy Gap water project. Earlier this year, it was decided that the City of
Fort Collins could not make a commitment to the Joe Wright Reservoir Dam
project and the Windy Gap program at the same time. We, therefore, elected
to withdraw from the Windy Gap program. At this time, it became known that
the Platte River Power Authority was looking for water for cooling purposes
for a possible additionally power -generating facility on the eastern slope.
Over a period of time, we negotiated a contract to assign our interests in
the Windy Gap program to the Platte River Power Authority with some revisionary
or reuse privileges to the City of Fort Collins.
Some members of the Six City Advisory Committee do not want or feel that it is
necessary for the Platte River Power Authority to be directly involved in the
activities. They feel City representation is adequate. At the recommendation
of the Water Board and the Administration, the City Council removed Dr. Norman
Evans from the Six City Committee and requested that Platte River Power Authority
be allowed to make representation in his place. Chuck Liquin and I also went
to and.served on the Six City Committee. Rather than raising an issue at this .
time, we feel it is important that we get re -involved in the Six City activities.
I personally feel the best representation for the City of Fort Collins would be
by appointing Roger Krempel, Water and Sewer Utilities Director, and Stanley
Case, Electric Utility Director to this Six City Committee. '
Recommendation: The Administration recommends that the City Council appoint
"Roger Krempel, Water and Sewer Utilities Director, and Stanley Case, Electric
Utility Director to the Six City Board.
Councilman Bowling made a motion, seconded by Councilman Wilkinson to approve
the recommendation. Yeas: Councilmembers Bowling, Gray, Reeves, Russell,
Suinn and Wilkinson. Nays: None.
Other°Business
1. City Manager Brunton stated Mr. Christopher S. McElroy has submitted an
application for a Pawn Brokers_ License:.
There is a negative Police report and Mr. McElroy has provided his bond
as requested.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves to approve
the application. Yeas: Councilmembers Bowling, Gray, Reeves, Russell,
Suinn and Wilkinson. Nays: None.
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2. Roy A. Bingman displayed a large "thank you" card from the children at
Moore School for -tile installation of a bike lane.
3. City Manager Brunton rellliII&Xl (.otulCll of the 11100Ang on JMlUary 8, 1970,
at the {tome federal Savings Building on Growth Di:nclgcmcnt.
Adjournment
Councilman Bowling made a motion, seconded by Councilman Suinn to adjourn.
Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson.
Nays: None.
Mayor
ATTEST:
Cit7z��; en—
y Clprc
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