HomeMy WebLinkAboutMINUTES-03/02/1976-RegularMarch 2, 1976
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, -March 2, 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: Gray, Reeves, Russell and
Wilkinson.
Absent: Councilmembers Bloom, Bowling, and Suinn.
Staff Members Present: Brunton, DiTullio, Bingman, Kaplan, Parsons, Deibel,
Cain and Lewis.
Also: City Attorney Art March, Jr.
Minutes of the February 17, 1976 Regular Meeting
Approved As Published
Councilwoman Reeves made a motion, seconded by Councilman Wilkinson to approve
the minutes of the February 17, 1976 regular meeting as published. Yeas:
Councilmembers Gray, Reeves, Russell and Wilkinson. Nays: None. (Councilman
Bowling, Councilman Bloom, and Councilman Suinn arrived at the meeting at this
time.)
Ordinance Relating to Sales Tax of Industrial
Machinery Defeated on Second Reading
Mayor Russell stated this item had been tabled at the January 6, 1976 meeting.
Councilwoman Reeves made a motion, seconded by Councilwoman Gray to remove this
item from the table for consideration. Yeas: Councilmembers Bloom, Bowling, Gray,
Reeves, Russell, Suinn and Wilkinson. Nays: None.
Councilman Wilkinson made a motion to adopt Ordinance No. 85, 1975 on second reading.
This motion died for a lack of a second.
Councilwoman Reeves made a motion, seconded by Councilwoman Gray to defeat
Ordinance No. 85, 1975 on second reading. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves,Rudsell and Suinn. Nays: Councilman Wilkinson.
1 107
Ordinance Adopted on Second Reading Relating
To Drainage Easements and Bicycle Paths in,
the Brown Farm Subdivision
Councilwoman Reeves made a motion, seconded by Councilwoman Gray to adopt
Ordinance No. 3, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell, Shinn and Wilkinson. Nays: None.
ORDINANCE NO. 3 , 1976
BEING AN ORDINANC VACATING
CERTAIN EASEMENTS
WHEREAS, heretofore the City of Fort Collins obtained
from Brown Farm Homeowners' Association an easement for a
bicycle/pedestrian route, said easement being recorded July 9,
1974, in Book 1608 at Page 796 of the Larimer County records,
the route of said easement being more specifically described
therein; and
WHEREAS, the proposed bicycle/pedestrian route through
this area has been located on other lands and appropriate
easements for this route have been granted to the City; and
WHEREAS, because of the location of the bicycle/pedestrian
route on other lands, the easement recorded in Book 1608 at
Page 796 is not needed for municipal purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that that certain easement of the City of Fort
Collins recorded in Book 1608 at Page 796 of the Larimer County
records, said easement being 20 foot in width with centerline
described as follows:
Beginning at the NE corner of Section 21, Township
7 North, Range 69 West of the 6th P.M., thence
S 00*20' E along the east line of Section 21,
757.21 feet; thence S 54*54' W 60.72 feet to the
true point of beginning, said point being on the
West right-of-way of South Taft Hill Road; thence
continuing S 54*54' W 382.44 feet; thence S 83*39'
W 842.09 feet; thence S 76°15' W 607.15 feet;
thence S 72*21' W 884.71 feet; thence S 35°09'
W 627.37 feet; thence N 80*39; W 463.67 feet;
thence S 63°11' W 527.00 feet to the point of
terminus on the West line of the East 1/2 of the
NW 1/4 of"Section 21;
108
1
be, and the same hereby is, vacated, abolished and abated.
Introduced, considered_�favorabl on first reading, and
ordered published this GG/7 ss��.•day of , A.D. 1976,
and to be presented for nal passagd on the ay of
"�MXA,c _ A.D. 1976.
ATTEST: �Y"�j
or
City Clerk
Passed and adopted on final reading this 2nd day of
March A.D. 1976.
ATTEST:��
yor ,
ON
ty Clerk
First Reading: February 17, 1976 (Vote: Yeas: 6, Nays: 0)
Second Reading: March 2, 1976 (Vote: Yeas: 7, Nays: 0)
Dates Published: February 22, 1976 and March 7, 1976
At est:
City Clerk
Ordinance Adopted on Second Reading Relating
to the Repealing of Vagrancy Provisions
Councilwoman Gray made a motion, seconded by -Councilman -Bowling to adopt Ordinance
No. 13, 1976 on•second reading. Yeas: Councilmembers Bloom, Bowling, Gray,
Reeves, Russell, Suinn and Wilkinson. Nays: Nome.
109
ORDINANCE NO. 13 1976
BEING AN ORDINANCE REPENEI-NG SECTION 84-1B
OF THE CODE OF THE CITY OF FORT COLLINS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Section 84-1B of the Code of the City of Fort Collins
be, and the same hereby is, repealed.
Introduced, considVpd favora ly n first reading, and
ordered published this day of D. 1976,
and to be resented for anal passag on -the ay of
A.D. 1976.
ATTEST: Rayor.
C iv- .. e r
Passed and adopted on final reading this end day
of March A.D. 1976.
ATTEST: Mayor
� '
City Clerk
First Reading: .February 17, 1976 (Vote: Yeas: 6, Nays: 0).
Second Reading: March 2, 1976 (Vote: Yeas: 7, Nays: 0)
Dates Published: February 22, 1976 and March 71 1976
Attest:
City'Cler
110
I
Ordinance Adopted on Second Reading Relating
to the Repealing of Spitting Prohibition
Provisions
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to adopt
Ordinance No. 14, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
ORDINANCE N0. 14 , 1976
BEING AN ORDINANCE REPEAG SECTION 79-10
OF THE CODE OF THE CITY OF FORT COLLINS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Section 79-10 of the Code of the City of Fort Collins
be, and the same hereby is, repealed.
Introduced, considered,favorably on first reading, and
ordered published this /�� day of , A.D. 1976, and
to be presented for fin- paassage on —the 4— .day of y,
A.D. 1976.
ATTEST:
City Clerk
`
W'00 V M"', � ME WAN A 1 //0 � � - X, W/
Passed and adopted on final reading this 2nd day of
March A.D. 1976.
ATTEST: yMg or
ty C er
tk-
111
First Reading: February 17, 1976 (Vote: Yeas: 6, Nays: 0)
Second Reading: March 2, 1976 (Vote: Yeas: 7, Nays: 0)
Dates Published: February 22, 1976 and March 7, 1976
Attest.
City Clerk
Ordinance Adopted on Second Reading Relating
to Licenses for Public Dance Halls
Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt
Ordinance No. 17, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
ORDINANCE NO. 17 , 1976
BEING AN ORDINANCE AMENDING SECTION 73-38M(3)
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO LICENSES FOR PUBLIC DANCE HALLS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Section 73-38M(3) of the Code of the City of Fort
Collins be, and the same hereby is, amended by deleting there-
from the following words and figures:
"and who shall execute to the City of Fort Collins
a corporate surety bond, to be approved by the
Director of Finance in the penal sum of five
hundred dollars ($500.), conditioned that the
individual or firm so licensed shall observe and
keep all of the ordinances of the City of Fort
Collins in force at the time of issuing of said
license or that may be passed or adopted during
the term of said license."
Introduced, considered favorably on first reading, and
ordered published this 17th day of February, A.D. 1976, and to
be presented for final passage on the 2nd day of March, A.D.
1976.
112 1
mayor
City Cle
Passed
and adopted
on final reading this
2nd day of
March, A.D.
1976.
I
^
/J
ATTEST :
Mayor
City Cler
First Reading:
February 17, 1976 (Vote: Yeas: 6, Nays: 0)
Second Reading:
March 2, 1976
(Vote: Yeas: 7, Nays: 0)
Dates Published:
February 22,
1976 and March 7, 1976
Attest:
CJ
City Clerk
Ordinance Adopted on Second Reading Relating
to Permits for Moving Buildings on Public
Streets
Councilman Suinn made a motion, seconded by Councilwoman Gray to adopt
Ordinance No. 18, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
ORDINANCE NO. 18 1976
BEING AN ORDINANCE AMENDING SECTION 95-30
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO PERMITS FOR MOVING BUILDINGS
ON PUBLIC STREETS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Section 95-30 of the Code of the City of Fort Collins
be, and the same hereby is, amended to read as follows:
113
"§ 95-30. Permit required for moving buildings on
streets; conditions.
"A. It shall be unlawful for any person, persons or
corporation to use or occupy any street, alley
or other public ground in the city for the purpose
of moving a building or other structure across or
thereon without first having obtained a permit
therefor from the Director.of Engineering Services.
"B. Application for a permit hereunder shall be made
upon forms to be furnished by the Director of
Engineering Services and shall set forth such
information as may be required thereon. At time
of making application, the applicant shall pay the
permit fee in the amount of twenty-five dollars
($25.) and shall file the bond required herein.
"C. Application for a permit hereunder shall be
accompanied by a corporate surety bond in the
amount of two thousand dollars ($2,000.), condi-
tioned upon compliance with all requirements of
the ordinances of the City of Fort Collins relating
to activities under the permit.
"D. Any person using the streets, alleys, or other
public ground for the purpose of moving buildings
and other structures across or thereon shall be
responsible for any damage done to such street,
alley or public ground or any improvements situated
thereon including, without limitation, trees and
other plantings, signs, utility poles and utility
lines, traffic signals, and the like. Any such
persons shall also be responsible for any damage
caused to any private property by virtue of use
of the streets, alleys and other public ground
of the city for the purpose of moving such buildings
or other structures.
"E. The Director of Engineering Services shall deter-
mine whether the applicant possesses the technical
qualifications and the necessary equipment for the
moving of buildings and structures and shall issue
or deny the permit based upon such determination.
114 1
"F. Any permit granted hereunder may be revoked by
the Director of Engineering Services upon written
notice to the holder of the permit, if the permit
holder fails to comply with the requirements of
the ordinances of the City of Fort Collins relating
to the permit or for other good cause relating
thereto. In the event of such revocation, no fee
paid hereunder shall be refunded. If any permit
holder objects to the revocation of a permit by
the Director of Engineering Services, he may request
a hearing on the question of revocation before the
Building and Contractors' Licensing Board, which
shall make the final determination on the question.
"G. Any permit granted hereunder shall be valid for one
year unless sooner revoked."
Introduced, considered favorably on first reading, and
ordered published this 17th day of February, A.D. 1976, and to
be presented for final passage on the 2nd day of March, A.D.
1976.
ATTEST:
ty Clerk
Passed and adopted on final reading this 2nd day of
March, A.D. 1976.
ATTEST:
City Clerk
First Reading: February 17, 1976 (Vote: Yeas: 6, Nays: 0)
Second Reading: March 2, 1976 (Vote: Yeas: 7, Nays: 0)
Dates Published: February 22, 1976 and March 7, 1976
Attest:
iLy Cler
115
Ordinance Adopted on Second Reading Relating
to Licensing for Sidewalk, Driveway, and
Curb and Cutter Contractors
Councilman Wilkinson made a motion, seconded by Councilman Bloom to adopt
Ordinance No. 19, 1976 on second reading. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None,
ORDINANCE NO. 19 , 1976
BEING AN ORDINANCE AMENDING SECTION 73-128
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO LICENSES FOR SIDEWALK, DRIVEWAY,
CURB AND GUTTER CONTRACTORS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Section 73-128 of the Code of the City of Fort Collins
be, and the same hereby is, amended by deleting therefrom the
following words and figures:
"and a bond shall be required to be signed by some
reliable surety company, to be approved by the
Director of Finance, in the sum of two thousand
dollars ($2,000.),"
and by substituting therefor the following words and figures:
"and a bond shall be required to be signed by some
reliable surety company, to be approved by the
Director of Finance, in the sum of ten thousand
dollars ($10,000.),"
Introduced, considered favorably on first readingg, and
ordered published this 17th day of February, A.D. 1976, and to
be presented for final passage on the 2nd day of March, A.D.
1976.
ATTES" :
My Clerk
I
116
1
1
I
Passed and adopted on final reading this 2nd day of
March, A.D. 1976.
ATTEST:
� yo r��� y �ihll�
City Clerk
First Reading: February 17, 1976 (Vote: Yeas: 6, Nays: 0)
Second Reading: March 2, 1976 (Vote: Yeas: 7, Nays: 0)
Dates Published: February 22, 1976 and March 7, 1976
Attest:
City Clerk
Ordinance Adopted on Second Reading Relating
to Blue Law Statutes
Councilwoman Reeves made a motion, seconded by Councilwoman Gray to adopt
Ordinance No. 20, 1976 on second reading. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
ORDINANCE NO. 20 , 1976
BEING AN ORDINANCE REPE LING SECTION 73-46D
OF THE CODE OF THE CITY OF FORT COLLINS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Section 73-46D of the Code of the City of Fort Collins
be, and the same hereby is, repealed.
Introduced, considered favorably on first reading, and
ordered published this 17th day of February, A.D. 1976, and
to be presented for final passage on the 2nd day of March, A.D.
1976.
117
ATTES J-��'a'—�•-�'-1'-L.s(L�d�
Mayor
ty C er
Passed and adopted on final reading this 2nd day of March,
A.D. 1976.
A4tyereVn—
o
Mayor
First Reading: February 17, 1976 (Vote: Yeas: 6, Nays: 0)
Second Reading: March 2, 1976 (Vote: Yeas: 7, Nays: 0)
Dates Published: February 22, 1976 and March 71 1976
Attest: y�
City Clerk
Ordinance Adopted on Second Reading Relating
to Executive Sessions of the City Council
Mr. Herb Brauer, 421 S. Howes, spoke at length in opposition to the ordinance
and specifically to Section B, (i), "a", Matters involving the hiring, appointment,
dismissal, demotion, promotion, assignment, disicipline of City personnel, and
the review of the performance of the City Manager, the City Attorney or other
direct Council employees.
Councilman Suinn made a motion, seconded by Councilman Bowling to adopt
Ordinance No. 21, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
118
ORDINANCE NO. 21, 1976
BEING AN ORDINANCE AMENDING SECTION 2-2B
OF THE CODL OF THE CITY OF FORT COLLINS
RELATING TO MEETINGS OF THE CITY COUNCIL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That. Section 2-2B of the Code of the City of
Fort Collins be, and the same hereby is, amended to read as
follows:
"B. Executive Sessions. The Council, by majority vote
of its members, may go into executive session for
the purpose of considering matters when the Council
determines that the release of the information to
be discussed would be contrary to the best interests
of the City of Fort Collins. No executive session
shall be held for the purpose of discussing any
matter except those involving the following subjects:
"(i) Personnel matters restricted to the following
areas:
"a. .Tatters involving the hiring, appointment,
dismissal, demotion, promotion, assignment,
discipline o_f City personnel_, and _the review
_,_
of -the .perform_ance of the City Manager, the
City Attorney or other direct Council employees.
"b. Consideration of complaints or charges
against individual City personnel, provided
that such matter shall not be considered
in executive session if the individual
concerned requests that the matter be
considered in open session.
"c. Consideration and discussion of strategy
matters relating to negotiations with
employee groups, including unions.
"(ii) Meetings with the City Attorney or other
attorneys representing the City for the purpose
of discussing strategy and to receive legal
opinions in connection with an adversary
situation.
"(iii) Consideration of water and real property
acquisitions by the City restricted to considera-
tion of appraisals and other value estimates and
consideration of strategy for the acquisition
of such property.
i No final legislative action shall be taken by the
City in executive session, and such final legislative
119
action may be taken only in open meeting. Executive
sessions shall be closed to the general public, but
the Council may permit any person or group to attend
such sessions."
Section 2. If any section, subsection or provision of this
ordinance or the application thereof to any circumstance is
declared unconstitutional or otherwise invalid by any competent
court, such invalidity shall not affect the other portions or
applications of this ordinance if they can be given effect
without the invalid portion or application. The Council further
declares that by passage of this ordinance it is expressing in
the ordinance restrictions on the proper subjects for executive
sessions, but such restrictions are in accord with its previous
interpretation of the ordinance herein amended. The repeal or
a determination of invalidity of any portion of this ordinance
shall cause the original ordinance to again become effective
unless such repeal or determination specifically provides to
the contrary.
Introduced, considered favorably on first readingg, and
ordered published this 17th day of February, A.D. 1976, and to
be presented for final passage on the 2nd day of March, A.D.
1976.
ATTE°
ayor
ty er
Passed and adopted on final reading this 2nd day of
March, A.D. 1976.
ATTES
CfEy Clerk
First Reading: February 17, 1976 (Vote: Yeas: 6, Nays: 0)
Second.Reading: March 2, 1976 (Vote: Yeas: 7, Nays: 0)
Dates Published: February 22, 1976 and March 7, 1976
Attest:
City Clerk
120
1
Ordinance Adopted on Second Reading Relating
to the Licensing to Operate Amusement Devices
Councilman Bowling made a motion, seconded by Councilman Bloom to adopt
Ordinance No. 22, 1976 on second reading. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
ORDINANCE NO. Z Z, 1976
BEING AN ORDINANCE AMEND NG SECTION 73-42 OF
THE CODE OF THE CITY OF FORT COLLINS RELATING
TO LICENSES TO OPERATE AMUSEMENT DEVICES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Section 73-42A of the Code of the City
of Fort Collins be, and the same hereby is, amended by deleting
therefrom the following words and figures:
"and shall execute to the City of Fort Collins a
good and sufficient bond with at least two (2)
good sureties or a surety company bond to be
approved by the Director in the penal sum of
five hundred dollars ($500.), conditioned that
the person or persons so licensed shall observe
and keep all of the ordinances of the City of
Fort Collins in force at the time of the issuing
of said license or that may be passed or adopted
during the term of said license."
Section 2. That Section 73-42C of the Code of the City
of Fort Collins be, and the same hereby is, amended by deleting
therefrom the following words:
"and then only upon the filing of a new bond by
the transferee as hereinabove provided,".
Introduced, considered favorably on first readingg and
ordered published this 17th day of February, A.D. 1976, and to
be presented for final passage on the 2nd day of March, A.D.
1976.
121
ATTEST:
Mayor
ty C er c
Passed and adopted on final reading this 2nd day of March,
A.D. 1976.
ATTEST: r�' L�
Ffayor
City Clerk
First Reading: February 17, 1976 (Vote: Yeas 6, Nays: 0)
Second Reading: March 2, 1976 (Vote: Yeas: 7, Nays: 0)
Dates Published: February 22, 1976 and March 7, 1976
Attest:
City Clerk
Lake Sherwood Subdivision, Fourth Filing
Conditionally Approved
Senior Planner, Paul Deibel identified the area in question stating this was
a proposal for twelve single family lots on the west side of Park Lake Drive
and South Drake Road. The Planning and Zoning Board had approved this
subdivision based on compliance with various conditions that were made during
review of the preliminary plat. The staff recommendation is for approval
subject to approval of the utility plan by the City Engineer.
Councilman Wilkinson made a motion, seconded by Councilwoman Gray to approve
the Lake Sherwood Subdivision, Fourth Filing upon condition of approval of the
utility plan submitted by the City Engineer. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None.
Village West Subdivison, Sixth Filing
Conditionally Approved
Senior Planner, Paul Deibel stated that.this is the final plat for 37 single
family lots located on 10.4 acres, zoned R-L low density residential. The
Planning and Zoning Board has recommended approval with several minor changes
which had been met. The staff recommendation is also for approval subject to
approval of the utility plan by the City Engineer.
122
Councilwoman Reeves expressed concern for the access of the future residents
to Rolland Moore Park.
City Attorney March stated this connection will make it much easier to get to
the park.
Councilwoman Gray inquired if this area would be part of a homeowner's associa-
tion.
City Attorney March responded that it would not.
Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve
the Village West Subdivision, Sixth Filing, subject to approval of the
utility plans to be approved by the City Engineer. Yeas: Councilmembers
Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
1413 South College, Planned Unit Development
Conditionally Approved
Following is the City Manager's memorandum on this item:
Ken Medearis has recently purchased the house at 1413-South College Avenue.
There was some delay and confusion due to the need for getting approval from
the Zoning Board of Appeals, Planning and Zoning Board, Building Division,
and the City Council.
Previously the house had a restricted variance that it could only be used as
a fraternity house. Recently the Zoning Board of Appeals gave Mr. Medearis
a variance from the 2-acre parking requirement of the P.U.D. Ordinance and
also a variance to restrict the use of the facility to his type of engineering
and research office.
At its March 1st meeting, the Planning and Zoning Board approved the P.U.D.
plat upon meeting two conditions: (1) that ingress only be allowed from
the College Avenue side and egress only be allowed from the alley side of
the property; (2) that there be ten parking spaces in lieu of the proposed
seven spaces.
City Attorney March spoke to the variance granted by the Zoning Board of
Appeals which made the variance contingent upon the specific use of the
building and the. letter submitted by Mr. Medearis which stated, in part,
that "KMA" has no intentions of expanding its staff or sub -leasing any of
the available space. "Ownership will be restricted to Kenneth G. and Mary G.
Medearis and/or members of our immediate family."
Councilwoman Gray made a motion, seconded by Councilman Suinn to approve the
1413 South College Avenue P.U.D. conditional upon meeting the two conditions:
(1) that ingress only be allowed from the College Avenue side and egress only
be allowed from the alley side of the property; (2) that there be ten parking
spaces in lieu of the proposed seven spaces.
123
Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and
Wilkinson. Nays: None.
Public Service Company In Lieu of Taxes
Check -Received
Mr. Bob Moninger of the Public Service Company introduced Mr. Bruce Hansford,
the new Consumer Service Manager and presented the company's check to the
City for $75,028.17. Mr. Moninger responded to Council inquiries regarding
the natural gas situation.
Ordinance Relating to Distribution of
Handbills Tabled
Councilman Bloom inquired into the following sections of the ordinance:
1. § 73-58 - License required. Would this .pass -out material include
political material.
2. Licensees shall have the right of appeal of the decision bf the
Finance Director to the City Council.
3. Provision for enforcement.
City Attorney March stated that (1) would probably apply, (2) would go to
the City Manager and then to the Council should there be a problem, and
(3) there is a general penalty.section in the ordinances which provides that
a violation of any ordinance is a misdemeanor and punishable.
Councilwoman Gray stated handbills might be a use which will be increased due
to higher postage rates, and perhaps the licensing procedure should be deleted.
City Attorney March stated this area can only be handled through a licensing
procedure. Other Councilmembers stated they would like exemptions for chari-
table organizations.
Other suggestions for change were in the area of clean up @ 73-61; also
allowance for posting in a designated downtown area and to reduce or a1;m;nata
the fee and make the ordinance not applicable to political handbills.
Councilman Wilkinson made a motion, seconded by Councilman Bowling to table
this item with instructions to the City Attorney to redraft the ordinance.
Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and
Wilkinson. Nays: None.
Ordinance Relating to Funds to Special
Assessment Funds Adopted on First Reading
Following is the City Manager's memorandum on this item:
124
We have discovered two financial discrepancies in connection with Street
Lighting Improvement District No. 4 and Sanitary Sewer Improvement District
No. 57. The method whereby this can be corrected is by transferring money
from the Surplus and Deficiency Account to the individual special assessment
accounts.
The problem in Street Lighting Improvement District No. 4 was the over-
charging for street lights. This was caused by not giving some of the property
owners credit for existing lights, creating excessive assessment amounting
to $131.70, which will be reimbursed to the various property owners in the
assessment district.
The situation on Impala Drive in Sanitary Sewer Improvement District No. 57
has been more complicated and has taken longer to resolve. When the assess-
ment was spread in this district a piece of property on the corner of one of
the side streets was not includedin.this district. It was felt at that time
that this property would be served off of the side street; however, some years
later the property owner connected onto the Impala Drive section. This property
should have been rightfully included in the Special Assessment District on
Impala Drive. If it had initially been included, the cost per foot and total
assessment for each one of the property owners would have been somewhat less.
It is our feeling that this money should be rebated to the individual property
owners on this street. The total cost of this portion is $983.01.
Councilman Bloom made a motion, seconded by Councilwoman Gray to adopt
Ordinance No. 16, 1976 on first reading. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Resolution Adopted Assigning Amounts for
Expenditures in 1976
Following is the City Manager's memorandum on this item:
At the time that the 1976 Budget was adopted, the City had not agreed upon
the final Pay Plan for City employees for 1976. A total of $300,000 was
placed in the Insurance and Retirement Fund Account to cover salaries and
fringe benefit increases in 1976 which were approved by Council, and $50,000
was placed in the Contingency Account for other necessary adjustments in the
Budget.
At a special meeting on November 25, 1975, the City Council approved the 1976
Compensation Schedule with the understanding that the money would be trans-
ferred from the Insurance and Retirement Fund Account and from the Contingency
Account to the various operating department accounts. At its January 20,
1976, meetilig the City Council approved some minor changes in the Police and
Fire Departments. The longevity pay in the Fire Department was increased by
$1.00 for each year of service, and the police lieutenants were granted an
additional 3 percent salary increase in lieu of getting any overtime. The
aforementioned resolution makes all of these adjustments plus some other
adjustments- that were formerly placed in other accounts. We are now placing
125
all of the fringe benefits except workmen's compensation in their various
operating accounts in the General Fund.
Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt
the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell,
Suinn and Wilkinson. Nays: None.
RESOLUTION 76-19
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ASSIGNING THE AMOUNT HERETOFORE APPROPRIATED
FOR EXPENDITURE DURING THE YEAR 1976 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 1976 the City Council approved
a total expenditure for insurance and retirement amounting to $300,000.00 and an
expenditure for contingencies amount to $14,510.00; and
WHEREAS, such amounts were budgeted in anticipation of increased salaries and
fringes for general fund personnel to cover cost of living increases, but the actual
allocation of salary increases and fringes 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 fringes 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 and fringes.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS THAT
the sum of $314,510.00 budgeted and appropriated under the Insurance and Retirement
Account and the Contingency Account is hereby allocated to departments for salary
increases and fringes within such departments, as follows:
ADDITIONAL
DEPARTMENT OR DIVISION
ALLOCATION
City Council
$ 389 —
City Manager
5,047—
General Administrative Services
Administration
6,449
Personnel
8,340—
Purchasing
4,042
Management Information Systems
5,843
Buildings and Grounds
12,523
Health and Safety
1,124
Transportation
524
126
Boards and Commissions $ 431
Human Resources 569-
i
Land Acquisition 3,610
Finance 18,155
I
City Attorney 1,339
Police 87,931
Fire 71,001'
Engineering Services
Administration j 2,803'
Engineering 12,883-
Building Inspection 7,692.
Traffic and Street Lights i 2,414
Streets and Alleys 7,828-
Planning 6,398
Parks and Recreation
Administration 3,841
Parks j 11,549-
Recreation ,713713
Senior Citizens 839-
Forestry 2,217.
Indoor Pool 3,204.
Youth 836
Grandview 4,780
Roselawn 665
Library
12,531
$314,510
Passed and adopted at a regular meeting of the City Council held this
2nd day of March,. A.D. 1976.
ATTEST:
CrEy Clerk 127
Various Easement. Agreements
Accepted
Director of Engineering Services Roy A. Bingman, stated these easements
were in connection with the Alta Vista Sewer and are at the same rate
as the easements to the south from Mr. Harold Fischer. City Manager
Brunton stated these fees would be paid by the sewer utility.
1. Easement Agreement between Sam Webster, Jr. and the City of Fort
Collins relating to the Alta Vista Sewer line right of way.
Consideration: $2,402.00
2. Easement Agreement between Louis Garcia and Manuel Apodaca and the
City of Fort Collins relating to the Alta Vista Sewer line right of
way.
Consideration: $750.00
Councilman Bloom made a motion, seconded by Councilman Bowling to accept
the easements and authorize the Mayor and City Clerk to execute the agree-
ments on behalf of the City. Yeas: Councilmembers Bloom, Bowling, Gray,
Reeves, Russell, Suinn and Wilkinson. Nays: None.
Regular City Council Meeting from March 16, 1976
Adjourned to March 17, 1976
Following is the City Manager's memorandum on this item:
The next regular meeting of the City Council is scheduled for March 16, 1976.
Most members of the Council and the City Manager will not be available for
that meeting, and therefore, it is suggested that the the meeting be adjourned
to the 17th. In order to accomplish. this, the Administration recommends that
the City Council pass a motion on this meeting date recognizing that a quorum
will not be available for the meeting of March 16�h, and adjourning the meeting
until March 17th.
Councilman Bowling made a motion, seconded by Councilwoman Gray to adjourn the
regular meeting of Tuesday, March 16, 1976 to Wednesday, March 17, 1976. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson.
Nays: None.
Citizen Participation
1. Mir. David Neenan, 2013 Orchard Place, appeared before the Council and
praised the Council for clearing up its decision making process; praised
the City Manager for his leadership, and the Building Inspection Department,
under Bill Waldo, for being much improved.
128
2. Mr. Reginald Herin, 1404 Pikes Peak Drive stated he did not. agree'With
the route City Manager Brunton is taking on Hewlett Packard." City
Manger Brunton responded that he had requested department heads to
clear information through his office in order not to damage negotiations
in the utility area.
Councilwoman Gray requested that City Manager Brunton respond to specific
points as reported in the Sunday Coloradoan. (Secretary's note: Mayor
Russell asked to be excused from the meeting at this time. He returned
later in the meeting.)
3. Val Ogden, representing Community Education, presented brochures and
updated the Directory of Human Services as part of the Information Referral
program.
Report from City Manager
I. City Manager Brunton made an oral report and the following announcements:
(a) The City is proceeding with plans on the Service Center. The additions
are proposed to be let for bid in April or May of this year.
(b) The aerial platform for the Fire department has been repaired at a cost
of $25,00(.
(c) The administration will be starting a supervisory training course in
cooperation with CSU for first line supervisors.
(d) The first draft of the Administration Manual has gone out to department
heads.
(e) A course for department heads will start in the latter part of March
or first part of April called 'Tlanaging the Modern City."
(f) The next Council meeting will be on Wednesday, March 17, 1976.
(g) The next work session will be March 23, 1976--items will be the
auditorium, open space, fire alarm and burglar alarm systems.
(h) On March 22, in the afternoon, there will be a Six City Water Board
meeting in Loveland.
(i) On March 30, 1976 he is trying to schedule an evening work session
with the Downtown Redevelopment Commission and the City Council.
(j) On March 31, 1976, there will be the Appreciation Banquet for the
Boards and Commissions.
(k) On May 4, 1976, the administration will present a report on the museum.
129
(1) On April 21, 1976, the Platte River Power Authority will be
having their annual meeting with all the Councils of the
four cities.
(m) A meeting with all the ditch companies had been held on
March 1, 1976.
(n) In the Fire Area-- Fire Chief Fierce has requested a meeting
on the combination of the communications system. Also a request
for clarification of all the mutual aid agreements.
(o) In the Water Utility-- the administration has entered into an
agreement with George Bargelt and Company for work on Water
Treatment Plant No. 2.
(p) Major work at Water Treatment Plant No. I has almost been
completed.
(q) Work at Sewer Treatment Plants I & II are going along well.
Opening date is expected to be this summer.
(r) Harold Ellingson is working on studying the design capacity
of the outlet at Soldier Canyon.
(s) The City has been informed that more hydrology and more
information on drought cycles will be required by the Bureau
of Reclamation on the Joe Wright Reservoir.
II. City Manager Brunton requested that Director of Electric Utilities,
Stan Case brief the Council on the bond sales made by the Platte
River Power Authority.
Stan Case reported that the 60 million dollar bond issue with a 7.24
percent interest rate is expected to save Platte River Power Authority
$490,000 annually.
III. City Attorney March reported to the Council that about a month ago,
in connection with the closing of Briarwood Road, the City had
received notice of a suit. He had referred the matter to the insur-
ance carrier and they have indicated that this matter is not covered.
There is a question about this, however, the City cannot default,
therefore, he would like permission to enter an appearance on behalf
of the City in that case.
Councilman Wilkinson made a motion, seconded by Councilman Bloom to
authorize the City Attorney to enter an appearance on behalf of the
City in connection with the suit regarding the closing of Briarwood
Road. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and
Wilkinson. Nays: None. (Mayor Russell out of room.)
130
Ordinance Adopted on First Reading Creating
Street Improvement District No. 71
Assistant Mayor Bowling explained to the audience that Mayor Russell had been
called out of the meeting and Council would not vote on this issue until he
returned to the meeting.
City Attorney March informed Council that affirmative action of all members
of the Council is required in order to move the district forward, and in
addition to the resolution which Council has before it and the Ordinance,
Council will need to pass a motion determining that the public interest does
require making the improvements and requiring the improvements which are
proposed in this district.
Further; ata previous meeting, this ordinance was considered and tabled to this
date. Therefore, it is necessary to bring it off the table.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves to remove
the ordinance from the table for' consideration. yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Next, Attorney March stated the administration has anticipated, in the ordinance
that is before Council this evening, that Peterson Street would be deleted
and that there would be some other changes.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves to amend the
original ordinance to the form which is in the agenda. Yeas: Councilmembers
Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None.
This being the date for the hearing on the ordinance, the City Council should
proceed with the hearing.
City Manager Brunton spoke to the reallocation of the moneys and the entire
question of street lighting. Director of Electrical Utilities Stan Case and
his staff presented a report on the street lighting standards and an alternate
for consideration. City Manager Brunton spoke to the energy saving aspect of
the high pressure sodium lights, and the need for direction from the Council
on the lighting standard for Taft Hill Road.
The alternate proposed is for the same spacing of lights, the same physical
layout, but reduced from 250 watt high pressure sodium to 150 watt high pressure
sodium. City Attorney March advised Council that if they desired to adopt the
alternate the cost summary should be changed as follows:
Cost Suewar . The cost reduction in assessment for city participation in curb
ancL
si ewal , and the 8' parking area is as follows:
Original estimated assessment
(less 15% contingency) $22.89
Less City participation for side-
walk -2.50
-131 $20.39
Less City additional participation
for street
5% contingency
Street lighting
17% Administration
$20.39
- 4.09
1 .3
0.82
1.7.12
0.4
0.79
0
791
9
3.04
20.5
$2�5
Assistant Mayor Bowling then polled the Council on their desires on the alternate.
Councilmembers Wilkinson, Suinn, Reeves, Gray, Bowling and Bloom responded "yes"
on the question, "Do you favor alternate (e)?"
Council then opened the subject of the whole improvement for discussion.
Those speaking were as follows:
Mr. Keith Webb, 1455 South Taft Hill Road, inquired if there was an
ordinance which would prohibit trucks over 10 tons from driving on residential
streets. Roy A. Bingman stated the Traffic Engineer is working with one of
the Assistant City Attorneys to draft a general truck provision to allow
only local truck traffic in the City. Mr. Webb further inquired into what
provisions had been made for parking on the street. Roy A. Bingman stated
it had been previously recommended that in the interim period of from one
to three years, undetermined at this time, that parking could be allowed
on the street in front of the residences until it is necessary to use the
full four lanes because of the increasing traffic.
Mr. Jerry Arnold, 345 S. Taft Hill, read a written statement into the record
regarding the proposed improvements and informed the Council that '
Mrs. Skipworth, 325 South Taft Hill Road had written to Senator Gary Hart's
Office and from that conference it had been requested that federal funds
be made available for persons on fixed incomes in the district. Senator
Hart's Office had now informed the residents that funds were not available.
Mr. Arnold also requested that the administration send a letter to the
residents informing them of the whole improvement district proposal, costs,
and alternates in making payments. Councilwoman Gray endorsed the idea of
sending a letter to explain the whole improvement district to the area
residents. (Mayor Russell returned to the meeting at this time.)
City Attorney March suggested that Council advise Senator Hart, who has
taken an interest in this matter, tat Council has used Revenue Sharing
Funds to assist those persons on fixed income and hardship cases in regard
to payments required for improvement districts.
Mr. John Collier, 541 South Taft [Jill Road, spoke against the formation of
the district. Roy A. Bingman again presented the summary on rationalefor
forming the district.
4. Mr. Bill Collier, 49 South Taft Hill Road, supported an earlier suggestion
that an environmental impact statement be prepared for this area.
132
I
Councilman Bloom stated the administrative staff has responded to tjie
suggestion made by the residents but he is fearful that accommodation
have been to these area residents at the expense of the City at large.
City Attorney March stated the ordinances provide for special hardship
adjustments at the time the district is assessed.
5. Mr. Fred Whitaker, 920 South Taft Hill Road asked for a clarification
of what would be done with improvements already installed. Roy A.
Bingman stated these would be left in tact.
6. Attorney Gene Timmerman requested the City Administration look into
raising the amount of the funds for people on fixed income or a gra(!,:r 1-=a
scale for hardship cases that could be forgiven.
At the conclusion of the hearing, City Attorney March suggested the folloii;p
amendments to the resolution: change the dollar amount which is now $17.be
in part (d) of Section 1, to $17.91 and add wider that same Section 1, a
part (e) as follows: (e) The plans for street lighting in the district are
amended so that the luminairs shall be 150 watt high pressure sodium.
Councilman Bowling made a motion, seconded by Councilwoman Reeves to amend
the resolution as above. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves,
Russell, Suinn and Wilkinson. Nays: None.
Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adopt
the resolution as amended. Yeas: Councilmembers Bowling, Gray, Reeves, Suinn
and Wilkinson. Nays: None. (Secretary's note: Councilmen Bloom and Russel.i.
abstained with the understanding that the official records show this is an
affirmative vote.)
Councilwoman Reeves made a motion, seconded by Councilman Bowling that the
City Council find and determine that the public interest requires the making
and acquisition of the :proposed improvements in this district. Yeas: Council
members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays:
None.
RESOLUTION 76-20
OF THE COUNCIL OF THE CITY OF FORT COLLINS
NOTIFYING AND CHANGING SOME DETAILS HERETOFORE
APPROVED PERTAINING TO CONSOLIDATED STREET
IMPROVEMENT DISTRICT NO. 71
WHEREAS, heretofore the City Council by resolution directed
the City Engineer to prepare plans, specifications and other details
in connection with Consolidated Street Improvement District No. 71;
and
133
WHEREAS, the City Council then by resolution approved the
plans, specifications and other details and established the amounts
to be paid by the City toward the cost of the improvements to be
installed; and
WHEREAS, the City Administration has recommended to the Council
certain changes which the Council desires to adopt.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
SECTION 1. That the details heretofore approved in connection
with Consolidated Street Improvement District No. 71 are hereby changed
and amended in the following particulars:
a. The proposed improvements to be installed on Peterson Street
shall not be installed and the properties abutting such street are hereby
deleted from this district.
b. The City Engineer has amended his estimate for the improve-
ments on Taft Hill Road to $234,123 and suchamended estimate is hereby
approved and substituted for the previous estimate of such cost.
c. The proportion of the cost of the improvements on Taft Hill
Road to be paid by the City at large and not by assessments against
property in the district is hereby changed to $101,985.
d. The maximum assessment to be made on account of the improve-
ments to Taft Hill Road is hereby changed to $17.91 per front foot
exclusive of the amount to be added (17%) to cover the expense of collectiai,
legal, advertising, financing, interest during the construction, and oth.---
incidentals.
e. The plans for street lighting in the district are amended so
that the luminaires shall be 150 watt high pressure sodium.
SECTION 2. Except as amended above, all previous proceedings in
connection with the formation of Consolidated Street Improvement Distri,-
No. 71 are hereby ratified and confirmed.
134
f
Passed and adopted at a regular meetir g of the City
Council held this 2nd day of march ; A.D. 1976.
ATTEST:
City Clerk
Ordinance Adopted on First Reading Relating
to the Building Code
Following is the City Manager's memorandum on this item:
For some time, several Council members have been requesting some type of
rehabilitation code permitting reasonable redevelopment of existing buildings
in the City. Under our present codes, it is difficult for a developer or
owner to bring an existing building up to full compliance with the Code and
still have a financially feasible project.
Rather than adopting a whole rehabilitation code, it was suggested that we
pass an amendment to Section 204 of the Building Code to give discretionary
power to the Building Board of Appeals to make practical and reasonable adjust-
ments to the strict requirement of the Code. Initially, the Building Board or
Appeals felt that this would entail too much work. However, after further
discussion and study it was determined that most of the leg work would be done
by the City staff. At a meeting on Thursday, February 19, 1976, the Buildingo
Board of Appeals voted unanvrously to recommend the proposed ordinance to thu
City Council for adoption. It is now the feeling of many that this amendment
could possibly be better and more flexible than a more elaborate rehabilitation
code. In the next six to nine months, this entire project should be
Councilwoman Reeves requested a report in about six months on how this ordinance
is working out.
Councilman Bowling made a motion, seconded b
Ordinance No. 6, 1976 on first reading. Yea
Gray, Reeves, Russell, Suinn and Wilkinson.
135
y
Councilman Wilkinson to adopt
s: Councilmembers Bloom, Bowling,
Nays: None.
A�reement with Recycle Something Approved
Following is the City Manager's memorandum on this item:
The status of Recycle Something has been pending for some time. Initially,
the Recycle Something group had requested the use of certain property located
on what is commonly known asthe !old City Dump on the east side of North
College for a recycling center. The Planning and Zoning Board recommended
approval but the Cultural Resources Board recommended against, primarily
because this area was designated as an historic landmark. The staff does not
feel that the temporary use of this property for this purpose would do any
major damage to a piece of property that is not being developed or considered
for development in the near future, providing the necessary safeguards in the
agreement are met. Enclosed is the agreement signed by Recycle Something.
City Attorney March stated he had reviewed the agreement with the Cultural
Resources Board and they had recommended approval.
Councilman Suinn inquired into iten 9, whereby the City could repossess, for
reasons other than the stated ones, such as "the City wishes to re -utilize
it as an historical site." City Attorney March stated it would take either
negotiations or the expiration of the agreement.
Councilman Bloom made a motion, seconded by Councilman Wilkinson to approve
the agreement with Recycle Something and authorize the City Manager and Citv
Clerk to execute the agreement. Yeas: Councilmembers Bloom, Bowling, Gray,
Reeves, Russell, Suinn and Wilkinson. Nays: None.
Adjournment
Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adjourn.
Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and
Wilkinson. Nays: None.
ATTEST:
i C el r
Mydr
136