HomeMy WebLinkAboutMINUTES-03/17/1976-AdjournedMarch 17, 1976
COUNCIL OF CITY OF PORT 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
Wednesday, March 17, 1976, at 5:30 P.M. in the Council Chambers in the Citv
of Fort Collins City Hall. Mayor Russell called the meeting to order noting
the following Councilmembers present: Bowling, Reeves, Russell, Suinn and
Wilkinson.
Absent: Councilmembers Bloom and Gray.
Staff Members Present: Brunton, DiTullio, Kaplan, Bingman, Krempel and Lewis.
Also: City Attorney Arthur H. March, Jr.
Minutes of Regular Meeting of March 2, 1976
Approved
Councilman Bowling made a motion, seconded by Councilman Suinn to approve the
minutes of the regular meeting of March 2, 1976. Yeas: Councilmembers Bowling,
Reeves, Russell, Suinn and Wilkinson. Nays: None.
Ordinance Tabled on Second Reading Relating
to Street Improvement District No. 71
Councilwoman Reeves made a motion, seconded by Councilman Suinn to adopt the
ordinance on second reading.
City Attorney March requested this item be tabled until there is a full Council.
(Secretary's note: Councilwoman Gray arrived at the meeting.)
Councilman Bowling made a motion, seconded by Councilman Suinn to table the
second reading of Ordinance No. 1, 1976 to later in the meeting. Yeas: Council -
members Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Ordinance Adopted on Second Reading Relating
to the Building Code
Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt
Ordinance No. 6, 1976 on second reading. Yeas: Councilmembers Bowling, Gray,
Reeves, Russell, Suinn and Wilkinson. Nays: None.
137
ORDINANCE NO. 6 , 1976
BEING AN ORDINANCE AMENDING THE UNIFORM
BUILDING CODE ADOPTED BY THE ARTICLE
OF CHAPTER 38 OF THE CODE OF THE CITY OF
FORT COLLINS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Tha: Section 204 of the Uniform Building Code adopted by
Article I of Chapter 38 of the Code of the City of Fort Collins
be, and the same hereby is, amended by adding to said Section
204 at the end thereof the following:
"In addition to the power to determine the suit-
ability of alternate materials and methods of
construction and to provide interpretations of
the Code, the Board of Appeals shall have the
power upon application of a property owner to
authorize a variance from the requirements of
Section 104 of this Code where the Board deter-
mines that the strict application of such require-
ments would result in peculiar and exceptional
practical difficulties or exceptional and undue
hardship upon the owner of the property, provided
that the Board further determines that the vari-
ance applied for is reasonable in view of all of
the circumstances considered by the Board and
the construction pursuant to the variance would
not materially increase any hazard to life or
property. In considering a request for such a
variance, the Board shall consider the feasibility
of following the strict requirements of the Code;
the use made or proposed to be made of the property;
if applicable, the historic significance of the
property; economic factors relating to the cost
of construction; and any other factors which the
Board determines are of significance in connection
with the application for variance. The overriding
consideration in all cases shall be the danger to
life or property, and the Board shall not approver
a variance in cases where significant hazards to
life or property will continue or be created."
Introduced, considered favorably on first reading, and
ordered published this 2nd day of March , A.D. 1976,
and to be presented for final passage on the 17th day of
March , A.D. 1976.
ATTEST:
��...Mayor
Passed and adopted on final reading this 17th day of
March A.D. 1976.
ATTEST: ;
ayor
C y ler k/
First Reading: March 2, 1976 (Vote: Yeas: 7, Nays: 0)
Second Reading: March 17, 1976 (Vote: Yeas: 6, Nays: 0)
Dates Published: March 7, 1976 and March 21, 1976
Attest:
City Cler
Ordinance Adopted on Second Reading Relating
to Funds to Special Assessment Funds
Councilman Suinn made a
motion,
seconded by Councilman Wilkinson
to adopt
Ordinance No. 16, 1976
on second
reading. Yeas: Councilmembers
Bowling,
Gray, Reeves, Russell,
Suinn and
Wilkinson. Nays: None.
ORDINANCE NO. 16 , 1976
BEING AN ORDINANCE APPRO RIATING THE SUM OF
$1,114.71 FROM THE SURPLUS AND DEFICIENCY
ACCOUNT OF THE SPECIAL ASSESSMENT FUND
WH17REAS, the City Administration has reported to the City
Council that excess assessments were made against some properties
in the 3rdinance assessing costs for Street Lighting Improve-
ment District No. 4, which excess assessments were caused by
failure to take into account previous lighting improvements
paid for by the property owner which should have been credited
against the assessment; and
WHEREAS, the total amount of such excess assessments is
$131.70; and
1 139
WHEREAS, the City Administration has further recommended
to the City Council that the assessments made in Sanitary Sewer
Improvement District No. 57 be reduced because of additional
property which was connected to the sanitary sewer line installed
in such district but not assessed but should have been assessed;
and
WHEREAS, the total amount of the recommended reduction in
Sanitary Sewer Improvement District No. 57 is $983.01; and
WHEREAS, the reduction of the assessments in these two
districts will create a deficiency in the revenues of the two
districts; and
WHEREAS, there are funds in the Surplus and Deficiency
Account of the Special Assessment Fund which can be used to
make up the deficiency so created.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS:
Section 1. That there is hereby appropriated from the
Surplus and Deficiency Account for the Special Assessment Fund
the sum of $1,114.71 for payment as hereafter described.
Section 2. From the funds so appropriated, the amount
of $131.70 shall be paid out to reduce excess assessments in
Street Lighting Improvement District No. 4 and the sum of
$983.01 shall be paid out to reduce excess assessments in
Sanitary Sewer Improvement District No. 57. A description
of the excess assessments in such districts is attached to
this ordinance as Exhibit A and made a part hereof.
Introduced, considered favorably on first reading, and
ordered published this 2nd day of March A.D. 1976,
and to be presented formal passage on t e 17th day of
March , A.D. 1976.
ATTEST:
,12ty clerk
140
i
1
Passed and adopted on final reading this 17th day of
March A.D. 1976.
ATTEST: Mayor
ty C16rk
First Reading: March 2, 1976 (Vote: Yeas: 7, Nays: 0)
Second Reading: March 17, 1976 (Vote: Yeas: 6, Nays: 0)
Dates Published: March 7, 1976 and March 21, 1976
Attest:
City Clerk
Ordinance Adopted As Amended on First Reading
to Sureties for Sewer Contractors
7
Following is the City Manager's memorandum on this item:
This ordinance will establish licensing procedure for contractors who install
utility lines in public easements and rights of way. It will also require a
bond of $10,000 to help guarantee compliance with City requirements. This
licensing requirement will apply to contractors installing these improvements
for subdividers and to the private parties, but will not apply to contractors
who install directly forthe:City since we would have a performance bond on
these contracts.
City Attorney March stated that in regard to the ordinance, Director of Engineering
Services Roy A. Bingman had indicated that there was a question as to whether
the guarantee period should be one year or two years . The specifications
currently call for a one year guarantee on City jobs; the reason two years had
been used was because the current licensing ordinance on concrete contractors
has a two year guarantee.
Director of Engineering Services, Roy A. Bingman stated that to be consistent
With the present specification, it should be one year on water, sewer, and paving
contractors; the two year is a stipulation that goes back some time in an existing
ordinance on curb construction.
Councilman Bowling made a motion, seconded by Councilwoman Reeves to amend the
ordinance by substituting the words "two (2) years" to 'one (1) year" in the
last line on the first page and by substituting the words "two years" to "one
year" in the fourth line on the second page.
141
Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn. Nays: Councilman
Wilkinson. (Secretary's Note: Councilman Bloom arrived at the meeting at this ,
time.)
Councilwoman Reeves inquired who was responsible for the condition of a street
when cutting is done to existing pavement. City Attorney March responded
that this is provided by an existing ordinance (Section 95-1 through 95-14)
which covers that area; to the extent that a contractor fails to meet the
requirenmt of that ordinance, the City might revoke his license under this
ordinance.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves to adopt
Ordinance No. 23, 1976 as amended on first reading. Yeas: Councilmembers
Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Ordinance Adopted on Second Reading Relating
to Street Improvement District No. 71
Councilman Suinn made a motion, seconded by Councilman Wilkinson to remove
this item from the table. Yeas: Councilmembers Bloom, Bowling, Gray,
Reeves, Russell, Suinn and Wilkinson. Nays: None.
Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt
Ordinance No. 1, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
ORDINANCE No. 1 , 1976
BEING AN ORDINANCE RELATING TO THE CREATION AND
ORGANIZATION OF CONSOLIDATED STREET IMPROVEMENT
DISTRICT NO. 71; PROVIDING FOR THE CONSTRUCTION OF
IMPROVEMENTS THEREIN, AND AUTHORIZING THE ISSUANCE
OF BONDS TO PAY THE COSTS OF CONSTRUCTION THEREOF
WHEREAS, heretofore the necessary proceedings were
institu:ed to create a special improvement district for the
purpose of installing the improvements described on Exhibit
"A" attached hereto (hereinafter sometimes referred to as
"the improvements") for the benefit of the property described
on Exhibit "A"; and
WHEREAS, the City Council has received the necessary
reports, given the required notice and held a hearing as
required by the Ordinances of the City; and
WHEREAS, the City Council is of the opinion that it is
in the best interests of the City of Fort Collins to form
said special improvement district.
142
I
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Section 1. That there is hereby created and organized
an improvement district under and by virtue of the provisions
of Chapter 16 of the Code of the City of Fort Collins, to be
known as Consolidated Street Improvement District No. 71
(hereinafter sometimes referred to as "the district") comprised
of the property described on Exhibit "A" attached hereto.
Section 2. That the improvements to be constructed
shall consist of the improvements described on Exhibit"A"
attached hereto, all as more fully set forth in the map,
plans and specifications heretofore submitted by the City
Engineer and accepted by the City Council by resolution.
Section 3. That the total cost of such improvements
shall not exceed by more than five per cent (5%) the estimate
of the City Engineer as follows:
A. For improvements on Taft Hill Road, $234,123.00;
B. For improvements on Springfield Drive, $7,050.00;
which accounts are exclusive of the expense of collection,
legal, idvertising, engineering, financing, interest during
construction and other incidentals, and that said total cost
together with such expense of collection, legal, advertising,
engineering, financing, interest during construction and
other incidentals (17% of the.cost of such improvements)
shall bct assessed against the property in said district in
the manger set forth on Exhibit "A" attached hereto in
accordance with the provisions of Chapter 16 of the Code of
the Cite of Fort Collins.
Section 4. That the City Council has, pursuant to
notice duly mailed and published, all as provided in Chapter
16 of the Code of the City of Fort Collins, considered all
complaints and objections made and filed in writing by the
owners of any real estate to be assessed or any persons
interested; and the City Council further finds that all
requirements of the ordinances of the City of Fort Collins
respecting the organization of the district have been observed
and compiled with in all respects; and it is hereby ordered
that the improvements in the district as provided for in the
map, plans and specifications heretofore adopted by the City
Council be and they hereby are ordered to be constructed.
143
Section 5. For the purpose of paying the costs of said
improvements, bonds of the City of Fort Collins in the
aggregate principal amount not to exceed by more than five
per cent (5%) the City Engineer's estimate above set forth,
plus the amount authorized by ordinance to be added to cover
the expense of collection, legal, advertising, engineering,
financing, interest during construction and other incidentals
(such amount to be seventeen per cent (17%) of the cost of
such improvements), are hereby authorized to be issued by
the Director of Finance of the City of Fort Collins, which
bonds shall bear the date of their issuance. Said bonds
shall bear the name of the district and shall bear interest
at the rate of six per cent (6%) per annum, payable semi-
annually; said interest to be evidenced by coupons attached
to the principal bond and attested by the facsimile signature
of the City Clerk which said bonds shall be in denominations
of not more than One Thousand and N0/100 Dollars ($1,000.00)
each, and each of said bonds shall be subscribed by the
Mayor, countersigned by the Director of Finance and shall
have the corporate seal of the City affixed thereto, attested
by the City Clerk and said bonds shall be registered with
the Director of Finance and shall be sold to the highest and
best bidders for cash, but in no event for less than par,
and in all cases to the best advantage of the City in order
to pay the costs of the.work.herein provided. Such bonds
shall be payable out of moneys collected on account of the
assessments made for such improvements, as provided in
Chapter 16 of the Code of the City of Fort Collins. Said
bonds stall be numbered consecutively and shall be redeemable
consecutively according to number and in the order of issuance
and the Director of Finance shall preserve the records
concerning the issuance of said bonds in a suitable book
kept fo- said purposes. All of said bonds shall be absolutely
due and payable ten years from the date of issue, and shall
be subject to call and payment at any time prior thereto.
All assessments made pursuant to this ordinance, together
with all interest thereon, penalties for default in payment
thereof, and all costs of collecting the same shall, from
the date of final publication of the assessing ordinance
hereafter to be adopted, constitute a perpetual lien on the
property therein assessed on a parity with the tax lien for
general State, County, City, Town or School taxes, and no
sale of such property to enforce any general State, County,
City, Town or School tax or other lien shall extinguish the
perpetual lien of such assessments herein provided to be
made.
144
t
Section 6. Said bonds and coupons attached thereto
shall be substantially in the following form:
UNITED STATES OF AMERICA
STATE OF COLORADO CITY OF FORT COLLINS
CONSOLIDATED STREET IMPROVEMENT DISTRICT NO. 71
BOND
No. $1,000.00
The City of Fort Collins, in the County of Larimer and
State of Colorado, for value received, acknowledges itself
indebted and hereby promises to pay to the bearer hereof,
the sum of
ONE THOUSAND and No/100 DOLLARS
in lawful money of the United State of America, at the
office of the Director of Finance of said City, ten years
from the date hereof, subject to call and payment, however,
at any time prior thereto, as provided in the City Charter
and Chapter 16 of the Code of the City of Fort Collins, with
interest thereon from date until payment, payable semi-
annually, at the office of the Director of Finance of the
City of Fort Collins, upon presentation and surrender of the
annexed coupons as they severally become due.
Th:.s bond is issued for the purpose of paying the costs
of loca:. improvements constructed in Consolidated Street
Improvement District No. 71 in said City.
Th:.s bond shall be callable at any time by the Director
of Finance of the City of Fort Collins as provided in Section
16-29 o: the Code of the City of Fort Collins, which provides
as follows:
"Whenever there are available funds in the City Treasury
therefor, it shall be the duty of the Director of Finance to
call in and pay a suitable number of any bonds outstanding,
by giving notice for five (5) days in an official newspaper
published in the City. At the expiration of thirty (30)
days from the first publication of such notice, interest on
the bonds so called shall cease. The notice shall specify
by number the bonds called, and all such bonds shall be paid
in numerical order. The holder of any such bonds may at any
time furnish his post office address to the City Clerk and
in such event, a copy of the publication shall be mailed by
the City Clerk to the bondholder at such address within ten
(10) days after the date of publication."
145
This bond is payable out of the proceeds of special
assessments to be levied upon the real property situate in
said improvement district especially benefited by said
improvements, and the amount of the assessments so to be
made upon the real estate in said improvement district for
the payment thereof, with accrued interest, is a lien upon
the said real estate in the respective amounts to be appor-
tioned to said real estate and to be assessed by an ordinance
of said City, and the lien created by said assessing ordinance,
together with all interest thereon, penalties for default in
the payment thereof, and all costs in collecting the same,
shall, from the date of the final publication of the assess-
ing ordinance hereafter to be adopted, constitute a perpetual
lien on a parity with the tax lien for general State, County,
City, Town or School tax, and no sale of such property to
enforce any general State, County, City, Town or School tax
or other lien shall extinguish the perpetual lien of such
assessments herein provided to be made.
It is hereby certified and recited that the total issue
of bonds of said City for said improvement district, includ-
ing this bond, does not exceed the amount authorized by law;
and it is further certified and recited that every require-
ment of law relating to the creation of the district, the
making of local improvements therein and the issuance of
this bond, have been fully complied with by the proper
officers of said City and that all conditions required to
exist and all things required to be done precedent to and in
the issuance of this bond to render the same lawful and
valid h<Lve happened and been properly done and performed and
did exi!;t in regular and due time, form and manner as required
by law.
IN TESTIMONY WHEREOF, the said City of Fort Collins has
caused this bond to be subscribed by its Mayor, countersigned
by its Director of Finance, and attested by its City Clerk,
under the seal of said City, and the interest coupons hereto
attached to be attested by the facsimile signature of the
City Clerk as of the day of , 1976.
SEAL:
ATTEST:
Mayor
COUNTERSIGNED:
City Clerk Director of Finance
146
1
1
[1
1
(Form Coupon)
No. $30.00
On the day of 19 , unless the
bond to which -this coupon is attached has been called for
prior redemption, the City of Fort Collins will pay to
bearer
THIRTY and No/100 DOLLARS
in lawful money of the United States of America, at the
office of the Director of Finance of Fort Collins, Colorado,
being six (6) months' interest on its local improvement
bond, dated , 19 , issued for paying the costs
of improvements in Consolidated Street Improvement District
No. 71.
(Facsimile Signature)
City Clerk
Section 7. Whenever considered prudent by the Director
of Finance, he is hereby authorized and empowered, whenever
sufficient funds may be in his hands to the credit of said
improvement district, incl.uding^)six (6) months' interest on
the unpaid principal, to advertise for five (5) days in an
official newspaper of said City and call in a suitable
number .)f bonds of said district for payment, and at the
expiration of thirty (30) days from the first publication,
interes= on said bonds so called shall cease. The notice
shall s:3ecify the bonds so called by number and all bonds so
issued ;hall be called and paid in their numerical order.
Se,:tion 8. Upon the taking effect of this ordinance,
the Mayer is hereby authorized and empowered to advertise
for bid3 for the construction of the improvements in accord-
ance wish the map, plans and specifications heretofore
adopted, which advertisement shall be twice published in an
official newspaper published in the City. Said publications
are to be at least a week apart, and the date for opening of
bids shall not be less than ten (10) days after first publica-
tion, and bids received under said advertisement shall be
submitted to the Council for approval or rejection. Adver-
tisements for bids shall comply with the requirements and be
in accordance with the provisions of Chapter 16 of the Code
of the City of Fort Collins.
147
Section 9. When the improvements herein authorized
have been completed and the same approved and acepted by the
City of Fort Collins, the costs as set forth above shall be
assessed upon the real property in said improvement district,
all as hereinbefore set forth.
Section 10. This ordinance shall be irrepealable until
the indebtedness herein provided for, whenever the same
shall be created, shall have been duly paid, satisfied and
discharged as herein provided.
introduced, considered
ordered published this 2nd
presented for final passage
1976.
ATTEST:
C'Ity Clerk
favorably on first reading, and
day of March, 1976, and to be
on the 17th day of March,
/ /�
Passed and adopted on final reading this 17th day of
March, A.D. 1976.
ATTEST:
/-;�4 'OeL
L;rty clerk
1
1
1
EXHIBIT A
ORDINANCE NO. 1 , 1976
CONSOLIDATED STREET IMPROVEMENT DISTRICT NO. 71
A. Des:ription of property specially benefited by the
improvements to be installed in the district and to be
assessed for the costs incurred in making said improvements:
All lota and lands abutting upon the streets to be improved,
to -wit: Taft Hill Road from Laporte Avenue to Prospect
Road, except that portion of the east one-half of Taft Hill
Road from Laporte Avenue to Mulberry Street previously
improved; Springfield Drive from Taft Hill Road westerly a
distance of 270 feet;
B. Improvements to be installed in the district consist of:
Installation of curb, gutter, sidewalk, asphalt street
pavement and street lighting.
C. The cost of making the improvements in the district
shall be assessed against the assessable property in the
district as follows: Upon all of the lots and lands abutting
on the streets improved in proportion as the frontage of
each lot or tract of land is to the frontage of all lots and
lands so improved.
First Reading: March 2, 1976 (Vote: Yeas: 7, Nays: 0)
Second Reading: March 17, 1976 (Vote: Yeas: 7, Nays: 0)
Dates Published: March 7, 1976 and March 21, 1976
Attest:
City Clerk
Ordinance Adopted on First Reading Relating
to Sureties for Paving Contractors
Following is the City Manager's memorandum on this item:
This ordinance is similar to the preceding Ordinance No. 23 and requires a
license and bond of $10,000 for persons installing pavement on public streets.
149
City Attorney March stated the problem was present in this ordinance, as in
the previous one, an additional problem was contained in Section 4.; which was
drafted to make the paving contractor responsible for settling the trenches
and fill, and this had already been done by making the sewer and water
contractor responsible. lie therefore suggested that in the next to the last
sentence in paragraph one, page two, a period be placed after the word
"licensee"and strike the rest of the sentence; also to change the two year
period to one year.
Councilman Bowling expressed concern with the problems of backfill in the
asphalt sections. Roy A. Bingman stated the present specifications call
for one year --the staff could look at the question of whether this should be
extended to two years, consider it as a separate issue and report back.
Councilman Suinn then inquired if perhaps this ordinance should be tabled
pending a report.
Councilman Wilkinson stated that Ordinance 23, 1976 should have contained
the two year provision; the water and sewer contractor is the person who
should be responsible, not the paving contractor. Roy A. Bingman stated
the staff is in the process of revising water and sewer specifications in
conjunction with the Water Department and anticipate dealing with the
contractors to explain the changes and perhaps that would be a more appro-
priate time to bring that up. Councilwoman Gray suggested that Council
approve this ordinance because "that won't preclude us from amending it
in a few weeks." Roy A. Bingman stated it would probably be a matter of
months before a report would be forthcoming because of the workload.
Councilman Wilkinson requested that the report contain the estimated cost
difference to the City between the one year guarantee and the two year
guarantee.
Mr. Bill Lauer, Sterling Paving Company, stated he had been unaware of the
proposed ordinance until approximately 3:00 P.M. this afternoon and had
not had time to provide input into it, he did agree with Councilman Wilkinson
that it would cost the City for a one year period verses a two year period,
because a paving contractor cannot be held responsible for work done by
other contractors.
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to amend
the ordinance by changing the time period from "two years" to "one year" and
by striking the remainder of the sentence after the word "licensee':' in the
next to the last sentence in paragraph one, page two. Yeas: Councilmembers
Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Councilwoman Reeves made a motion, seconded by Councilwoman Gray to adopt
Ordinance No. 24, 1976 as amended on first reading. Yeas: Councilmembers
Bloom, Bowling, Gray, Reeves and Russell. Nays: Councilmembers Suinn and
Wilkinson.
150
I
I
Ordinance Adopted on First Reading Relating
to Sewer Use
Following is a portion of the City Manager's memorandum on this item:
This ordinance is the revision of the ordinance governing the sanitary sewer
utility which has previously been presented to Council in work session. The
ordinance is a complete revision of the sewer utility ordinance, but the
principal change is in the rate schedule which has been changed to conform
with EPA requirements. Primarily, the rate revisions relate to industrial
users. Although we anticipate many difficulties in -acting under the proposed
rates, we have little choice since we have accepted the Federal grants.
Water and Sewer Director Roger Krempel, responded to Council inquiries regarding
the desirability of accepting federal grants in the future, the charges to be
imposed on new industries, the requirement to hook on to sewers and the storm
water discharge provisions.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves to adopt
Ordinance No. 2S, 1976 on first reading. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Ordinance Adopted on First Reading Providing
for Occupation Tax for Extended Hours Beer
and Wine Licenses
Following is the City Manager's memorandum on this item:
The 1975 amendment to the Liquor Code allows an extended hours license for
beer and wine sales. Since this was previously not allowed, we have no
occupation tax for such licenses. The enclosed ordinance will provide for
such a tax.
Councilwoman Gray made a motion, seconded by Councilman Bloom to adopt
Ordinance No. 26, 1976 on first reading. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Suinn and Wilkinson. Nays: Councilman Russell.
Vacation of Utility Easement on Brown Farm
First Filing Referred to City Attorney for
Ordinance Preparation
Senior Planner Paul Deibel stated this is a proposal to vacate a 16 foot
easement on lot 235 of the Brown Farm First Filing. The developer has
requested the easement be vacated because they constrain placement of a
house on the lot.
The staff and the Planning and Zoning Board have recommended that the
easement be vacated along the side yard but that it be preserved at the
rear of the lot where it is needed by the telephone company.
151
Councilman Bloom made a motion, seconded by Councilman Bowling to refer this
matter to the City Attorney to prepare the necessary ordinance to vacate the
side yard easement. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves,
Russell, Suinn and Wilkinson. Nays: None.
Replat of the Replat of Southmoor Village
Third Filing, Approved
This proposal is to re -subdivide 13 lots into 11 lots on the south side of
Parkview Drive and the west side of Camelot Drive north! of Boltz Junior High
School. The staff and the Planning and Zoning Board recommend approval.
Councilman Bowling made a motion, seconded by Councilman Bloom to approve
the replat of the replat of Southmoor Village Third Filing. Yeas: Councilmembers
Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Maxwell Subdivision Final Plat Approved
The proposal is for four single family lots zoned R-1. low density residential
on the west side of Impala Drive north of Mulberry Street. The Planning Staff
and the Planning and Zoning Board recommended approval.
Councilman Wilkinson made a motion, seconded by Councilman Bloom to approve
the Maxwell Subdivision Final Plat. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Transfer from Capital Improvement Fund to
Parkland Fund Approved
Following is the City Manager's memorandum on this item:
In 1975 the City purchased approximately 20 acres of land contiguous to and
south of Edora Park. The purchase price for this land was.$164,004. As a
bookkeeping matter, the purchase was charged to the Parkland Fund. This was
not correct and it was our intention to charge this to the Open Space portion
of the Capital Improvement Fund. This purchase was reported in this way in
the Open Space Report that was previously submitted to the City Council.
Charging this portion to the Parkland Fund has resulted in an excess depletion
of that fund which severely restricts our ability to deal with park developments.
In order to correct this, a transfer should be made from the Capital Improve-
ment Fund to the Parkland Fund for the amount of this purchase. The City
Attorney has advised that such a transfer can be made only if authorized by
the City Council since the books for 1975 have been closed.
City Manager Brunton stated the purchase price was $130,004 not $164,004 as
listed in the memorandum.
152
Councilman Bloom stated the heading as listed is to transfer from the Capital
Improvement Fund to the Parkland Fund, but the recommendation stated the
transfer to be from Parkland Fund to Capital Improvement Fund.
City Attorney March clarified that the money transfer will work the way the
heading is, the expenditure transfer will work the way the recommendation is.
Councilwoman Gray stated "it seems to me that when we bought this, we were
talking as that part of the swimming pool, but we seem to be talking, about this
now as the Open Space Fund --I don't remember this coming from the Open Space
Fund."
City Manager Brunton stated it was put in Bill Holmes' Open Space report this
way. He did not think it was discussed, regarding what fund it would be
charged to. Councilman Bowling stated this had been purchased from the
Parkland Fund.
City Manager Brunton explained that if the transfer was not made, more work on
Martinez Park could not be accomplished without a cash flow. Councilwoman
Reeves inquired if the Manager was counting on the funds being transferred as
per the budget that was approved. City Manager Brunton responded he was
counting on the revised Parkland Fund Budget which was presented to Council.
Councilwoman Gray stated she did not want the park construction to stop but
"I have some very severe reservations about this whole thing; I think that it
has been very arbitrary that we pull this out of open space. I thought that
when we bought the Aranci property it was clear where the funds were coming
from, some out of open space, some out of storm sewer and I might say that at
that time when we talked about Edora Park do I ever remember of it coming out
of open space fund. I certainly am willing to apologize to anyone if I am
wrong, but I don't remember that and I don't think this is right and I don't
want to be put into a position of drying up the Park development, but 1 just
hope this sort of thing doesn't happen again and that when we make a purchase
that we will know where the funds are coming from rather than transferring
later because it's convenient. Now in the event that we need these funds
for open space, will we have the same kind of ability if there is money in
our Parkland Fund at that time, to transfer money back for the use of (den
Space?"
The City Manager stated that Council can increase or decrease Open Space directly
in the Capital Program.
Councilman Suinn stated he also did not like the dilemma. "I think the transfer
means more than just simply a budgetary balancing sheet system, you are taking
from one pocket in order to pay into something and what you are taking out of
that one pocket is no longer available. In the long run we will be faced with
a ceiling in the amount of money so it isn't going to be a matter of dividing
to increase the amount of allocation to open space, unless we have more money
somehow. I will vote for this on the premise that the discussion has made it
very clear that we don't want to block the parkland area but that we also do
not want to deplete from the open space area and that in the future we will
153
have to be looking for ways of transferring funds into another category.
If the building picks up, then instead of it going continuously into
parkland, then maybe some of the deficit has to be transferred back."
Councilmen Bowling and Wilkinson addressed the need to encourage and stimulate
residential construction or the Parkland Fund will be in serious trouble.
Councilwoman Reeves inquired if any portion of this could be attributed to
storm drainage.
City Manager Brunton and City Attorney March stated they did not think so.
Councilman Wilkinson made a motion, seconded by Councilman Bloom to authorize
the transfer of the $130,004 expenditure from the Parkland Fund to the
Capital Improvement Fund. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves,
Russell, Suinn and Wilkinson. Nays: None.
Settlement to Boska Aviation Approved
Following is the City Manager's memorandum on this item:
Action was brought by Boska Aviation against the City of Fort Collins and
the City of Loveland in 1975 because of damage to a propeller at the airport.
The amount claimed was $397.21. Negotiations with attorneys for Boska
Aviation have indicated we can settle the matter for $212.00. City Attorney
March has recommended that this settlement be accepted since it will
involve more cost in time to try the claim than the amount for which we
can settle.
This matter was presented to the Airport Board and they recommend that the
City Councils of the two cities approve the settlement offer and that
payment be made from airport funds.
Councilwoman Reeves made a motion, seconded by Councilman Bowling that
settlement be made from airport funds. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Consider Application for House Number Painting
Permit
Following is the City Manager's memorandum on this item:
Sections 95-77 through 95-79 of the Code of Ordinances require a Council -
authorized permit to paint house numbers on curbs. The enclosed application
has been received by the Engineering Department and complies with the require-
ments of the ordinance and the City specifications.
Mr. Loren Maxey requested clarification of the area involved in the permit.
Roy A. Bingman stated he had recommended Drake North and College West as being
a fairly large area and this would still leave the area east of College Avenue
154
I
and North of Drake for another organization. The Navigators had been granted
an area from Drake South to the City Limits. Mr. Maxey indicated that if the
weather permitted completion of the area, they would like to come in and
request a larger area.
Councilman Suinn inquired into the length of the request.
Councilwoman Gray made a motion, seconded by Councilman Bowling to approve the
request to paint house numbers on curbs from the Knights of the Round ''able.
Councilman Suinn made a motion, seconded by Councilwoman Reeves to amend the
motion by adding a termination date of July 3, 1976. Yeas: Councilmembers
Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Mayor Russell then put the amended motion with the following vote: Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson.
Nays: None.
Resolution Adopted Authorizing the Signing of
Addendum No. 3 to the Colorado State University
Light and Power Service Agreement
Following is the City Manager's memorandum on this item:
The City of Fort Collins has a contract for providing electrical service to
Colorado State University. Because of the budgetary problems, there is a
requirement that notice be given prior to any rate increase. Ordinance No. 4,
1976, provided for the general cost of service rate increases. Enclosed is
supporting material on this subject. This rate increase should be effective
for the period beginning July 1, 1976, and terminating June 30, 1977, unless
mutually extended.
Councilman Suinn made a motion, seconded by Councilwoman Reeves to adopt the
resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn
and Wilkinson. Nays: None.
15S
RESOLUTION 76-21
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN
ADDENDUM TO AN- AGREEMENT WITH THE STATE BOARD OF
AGRICULTURE
WHEREAS, the City of Fort Collins furnishes electrical power to
the State Board of Agriculture under an agreement dated June 18, 1973, as
amended by addendum No. 1 dated June 26, 1974, and addendum No. 2 dated
May 14, 1975, and
WHEREAS, said addendum provides that the said agreement shall not
extend beyond June 30, 1976, unless the parties mutually agree to extend the
agreement with rates agreed upon and satisfactory to both parties, and
WHEREAS, the City Council has by ordinance revised and increased
the rates established by ordinance for service from the City electric utility,
and
WHEREAS, addendum No. 3 to the agreement with the State Board of
Agriculture has been prepared which provides for the same rates as recently
adopted by ordinance of the City Council, and
WHEREAS, such addendum has been approved by the City Manager and
the City Attorney and the City Council desires to approve and authorize the
same.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the terms and conditions of said addendum No. 3 be and the same
hereby are accepted and approved and,
156
L✓J
i
IBE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they
hereby'aro authorized and directed to execute said addendum for and on behalf
of the Ci .y of Fort Collins.
Passed and adopted this 17th day of. March. A.D. 1976.
ayor
ATTEST:
IADDENDUM NO. 3
this is an addendum to that certain agreement between THE CITY OF
FORT COLL::NS, COLORADO, a municipal corporation, hereinafter referred to as
the "City," and THE STATE BOARD OF AGRICULTURE OF THE STATE OF COLORADO,
hereinafter referred to as the "Board," which agreement was entered into on
the 18th day of January, 1973, and provided for the sale of electrical power
by the City to the Board.
Said agreement of January 18, 1973, as previously amended by
addendum dated June 26, 1974, and addendum No. 2 dated May 14, 1975, is
further amended in the following particulars:
157
1. The rate ordinance of the City of Fort Collins, which is the
basis for the rates charged under the base agreement, has been amended by
the City Council of the City of Fort Collins and it is hereby agreed that
effective June 30, 1976, the rates to be paid by the Board for electric
service under the base agreement shall be in -accordance withthe revised
Schedule 5 established by Section 1 of Ordinance No. 4, 1976, of the City,
a copy of which is attached hereto as an exhibit.
2: The City anticipates the necessity of increasing electrical
rates in approximately one (1) year, the increase anticipated at this time
being an increase of approximately 17.0%, and it is therefore agreed that
the base agreement shall not extend beyond June 30, 1977, unless the parties
hereto mutually agree to extend such agreement with rates agreed upon and
satisfactory to the parties.
Except as herein changed, the base agreement is hereby ratified
and confil-med and shall continue in full force and effect.
A WITNESS WHEREOF, the City has caused its corporate name to
be hereunto subscribed by its Mayor, attested with its corporate seal by
its City Clerk, pursuant to resolution of the City Council passed and adopted
on the -L2day of 1976, and the said Board has caused this
addendum to be executed by its President, attested by its Secretary, with
its corporate seal hereunto affixed, pursuant to a resolution duly adopted
on the day of , 1976.
158
I
I
THE CITY OF FORT COLLINS,
COLORADO
STATE.OF COLORADO, By and through
the STATE BOARD OF AGRICULTURE
By
President
ATTEST: ATTEST:
ty Secretary
APPROVAL
Director, D v s on o urc as ng
ttorney beneral
Ci LY A ttorney ur the 1.1 ty o
Fort Collins
1S9
State Controller
ovenor, State of Colorado
EXHIBIT
SCIICINIIE N0. S
INDUSTRIAL POWER
!ULicabillity,
This schedule shalt be applicable within corporate limits of Fort
Collins and suburban fringe.
Availability
This rate Is intended to be available at the voltage of the City's
primary electric system at 13.800 volts for three-phase industrial power and
--ccon Ared lighting and power.
Rate The first 45 kwh used per month, per kw of billin
demand but not less than 5.625 kwh, per kwh l 1.016
The nut 15 kwh used per month, per kw of billing
demand but not less than 5,625 kwh, per kwh 0 .gel
The neat 500,000 kwh user per month, per kwh d .0096
Excess kwh 9 .0084
Hinfnum
The minimum charge shall be not less than S5DO per month for power
i--.
service provided that the connected lighting load used does not exceed twenty- ;
fire percent of the total connected load, and not less then 115,D0D per month
for combined lighting and power service where the connected lighting load - xx-
ceeds twenty -fire percent. t.
Service Charge;-.- 1
A sere Ice charge of $21.50 will be collected for the processing of a
request for electrical service under this Schedule.
Payment
The foregoing rate Is net. Bills for electric service are due and
payable within ten (10) days from date of billing.
81111ng Demand
The billing demand shall be the highest rate of use in kw during arty,
15-minute Interval of the 61111ng pe rlod, as determined at the light and Power '
Department's option by demand meter, or periodic load test, adjusted by the
Power factor adjustment, provided that It shell be not less than sixty percent1 8
(60%) of the highest billing demand occurring during any of the preceding
eleven months.
- Power factor Adjustment
If the power factor during the time the billing demand is established •-A
falls below 90 percent lagging, adjustment may be made by Increasing the
measured demand for each month by It for each It or major fraction thereof
by which the power factor during the billing period Is less than 90 percent
lagging.
Secondary Service
Where service is rendered under this schedule et secondary voltage and
the City owns and furnished the transformer and substation converting to the
Tower voltage desired by the customer, an additional charge shall be node each
month of two percent (2t) of the bill for service. If for any reason metering
is acconplished at secondary voltage, an additional one and one-half percent
(1-112%) shall be added to the monthly bill. A charge additional to the sche-
dule shah be made each month of two percent (2t) of the bill for service at
2.400 volts or 4,160 volts.
Contract Period
Service under this Schedule is available for a minimum period of
twelve months and thereafter until terminated by too (10) days' notice in
writing to the City.
Rules and Regulations
Serela under this Schedels 1s subJett to provisions of the Electric
SaMaa Reln and hgeletlem of the City, as approved kill the City Council.
Ordleann Ne.R, 194
160
Citizen Participation
A. Mr. Dick Power from McDonald's introduced Mrs. Nancv Larrew and
Mr. Gary McChesney and presented the City of Fort Collins a replica
of the Liberty Bell which will officially be presented to the City
on July 4, 1976 by the McDonald's Family Restaurant.
Dr. Karl E. Carson, Chairman of the Bicentennial Committee, thanked
Mr. Power for his contribution to the bicentennial effort. Two dates
Dr. Carson wished to advised Council of were the twelfth of June which
will be the Flag Day Parade and on June 26th, the Drums Along the Rockies
Program will be presented by about, nine service clubs and organizations
in the community, at French Field. Mayor Russell expressed the apprea-
ciation of the Council for this presentation.
B. Mr. Don Filkins, Business Manager of the First Christian Church, stated
lie had two items:
1. As Business Administrator, lie made out anDlications for tax refunds
and utility refunds for the church. The Colorado Property Tax refund
application blank and the City of Fort Collins follow along except
for one provision which does not include people under 65 years of
age that are totally disabled. He suggested the City might consider
this addition.
2. The previous request made that no parking provisions be waived on
Drake Street during church services. The church had been advised
by the Traffic Engineer that the request would be denied for various
reasons.
Mr. Filkins requested this decision be reconsidered.
City Attorney March will report back to the Council on the first
request after checking the state law regarding this matter.
City Manager Brunton stated a report at the March 23 Work Session
on the parking situation on Drake Street would be made.
C. Mr. Herb Brauer requested to give consideration to amending the Executive
Session Ordinance. Mr. Brauer made a number of suggestions in this regard.
Mayor Russell requested Mr. Brauer set his concerns down on paper and
that he then submit them to the City Manager for future Council review.
D. City Clerk, Verna Lewis read the proclamation proclaiming the month of
April as "Fort Collins Symphony Month."
161
Ordinance Tabled on First Reading Relating
to Rezoning Property at the Corner of
Mulberry and Taft Hill Road
City Manager Brunton stated there had been a request from the petitioner
that this item be tabled.
Councilman Bowling made a motion, seconded by Councilwoman Gray to table
this item to the April 6, 1976 regular meeting. Yeas: Councilmembers
Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Ordinance Tabled on First Reading Relating
to Hyder Rezoning
City Attorney March stated he did not think the ordinance needed to be
read as such, if the Council is disposed to follow the recommendation to
table this item to the April 20, 1976 regular meeting.
Councilwoman Reeves made a motion, seconded by Councilman Suinn to remove
this item from the table for consideration. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Councilwoman Gray stated it was her understanding that a special meeting
of the Planning and Zoning Board had been held to discuss this item.
Planning Director Les Kaplan reported the sequence of timing on meetings
on this petition; final action will be taken at the April 5, 1976 meeting.
Councilman Bloom made a motion, seconded by Councilman Bowling to table
hearing of Ordinance No. 89,1975 to April 20, 1976. Yeas: Councilmembers
Bloom, Bowling, Gray, Reeves, Russell and Suinn. Nays: None. (Councilman
Wilkinson out of room.)
Amendment to K-Mart P.U.D. Preliminary Plan
Approved
Following is the background on this item in a memorandum from the Planning
Office:
Prior to discussion of the specific proposal at hand, a brief recap of the
recent history concerning this site may be in order. The current unit devel-
opment plan governing the site was approved by the City Council in May of
1974. This plan was submitted by the owners, Naredel, to allow for expansion
of the then vacant grocery store adjacent to the K-Mart store for development
of a 4.6 acre tract between the existing K-Mart developed area and Century
Mall to the north. The site plan applies to a 16.0 acre area including the
11.4 acres already developed to the south and the 4.6 acre undeveloped tract
to the north. During the review of this plan in the Spring of 1974, the Board
and Council expressed their dissatisfaction with K-Mart's landscpaing program
162
as well as the need for paved extension of the access drive north to connect
with Century Mall. The landscape plan that was approved includes not only
proposed new landscaping in the undeveloped area but "remedial" landscaping
for the existing K-Mart parking lot. The site plan also indicated extension
of the access drive north so as to connect with the Century Mall access drive.
None of this proposed development has taken place, and ownership of the 4.6
acre undeveloped tract has since changed hands, although the site plan as
approved still applies unless and until it is amended. None of the "remedial"
landscaping has ever been installed in K-Mart's parking lot.
In January of 1975, the Council approved the relocation of a utility easement
to allow for expansion of the vacant supermarket. Again, the Board and Council
expressed dissatisfaction with Naredel's performance concerning landscaping and
made approval of the easement relocation conditional upon Naredel's posting a
performance bond for completion of the proposed landscaping. In February of
1975, Naredel posted a satisfactory bond with the City for $20,296.25 to cover
this landscaping. The bond comes due on January 2, 1977. The proposed market
expansion never took place (nor paved extension of the access drive north) and
the space is now divided among several retail tenants.
The First National Bank of Fort Collins now holds title to the north 4.6
acre undeveloped area, but an investment group called K-Mart Plaza North,
Ltd., has an option contract to buy this area which according to their
spokesman, Mr. Hugh Shockley, they intend to close at the end of April.
Senior Planner, Paul Deibel stated the staff recommendation was for approval
with the following conditions:
1. That none of the existing "to be landscaped" areas be reduced and that 26
additional spaces proposed be compensated for by replacement of 26 spaces
with landscaped islands in the interior of the K-Mart parking lot; and
2. That the paved access road be installed to the north boundary of K-Mart
Plaza in conjunction with any further development in K-Mart Plaza P.U.D.
The Planning and Zoning Board had also recommended approval with the conditions
as proposed by the staff.
Councilmembers expressed concern for traffic patterns, extension of the access
and road and provisions of the original landscaping bond.
City Attorney March clarified that because the previous improvements were not
completed, the owners could claim they did not have to meet the City's require-
ments because "they didn't get what they were getting requirements for."
Taking the action the administration recommends will put the requirement back
on Naredel to do the landscaping requirements.
Mr. Ralph Miller from Naradel Corporation spoke to the emranic considerations
which have affected this entire area, and the desires of the new owners of
adjacent properties to work on completion of the road. He further stated he
did not want to get involved with landscaping, beyond what was discussed on the
26 spaces.
163
Councilwoman Gray made a motion, seconded by Councilman Wilkinson to approve
the preliminary plan with the understanding that the final P.U.D. will contain
the following:
1. An agreement to add additional landscaping on the existing parking lot
in accordance with the Planning and Zoning Board recommendations;
2. the final design for the connecting portion of the interior access road
and an agreement supported by a bond to complete the installation of that
road, and
3. reaffirmation of the previous agreement to do the landscaping improvements
with such improvements to be completed in the summer of 1976.
Yeas: Councilmembers Bloom, Gray, Reeves, Russell, Suinn and Wilkinson.
Nays: Councilman Bowling.
Preliminary Considerations for New Sidewalk District
City Manager Brunton stated this matter had been discussed at the Council
Work Session in January. Director of Engineering Services Roy A. Bingman
stated he would like to present the preliminary recommendations for the
district prior to putting the complete report together. Slides of the
area were presented.
The recommendations are as follows:
1. Paint an 8' bike -pedestrian lane on north side of Stuart and eliminate
parking.
2. Move the crosswalk on Stuart Street west to Stover Street.
3. Construct new sidewalk at the following locations:
A.
Stuart
Street
- south
side,
from Stover to.Lemay.
B.
Stover
Street
- east
side,
from Stuart Street north to existing walk.
C.
Laurel
Street
- north
side,
from Stover Street to Endicott Street.
D.
Pitkin
Street
- south
side,
Peterson Street to Stover Street.
E.
Locust
Street
- north
side,
from Peterson Street to Stover Street.
F.
Locust
Street
- both
sides,
from Stover Street easterly to the existing
walk.
G.
Stover
Street
- east
side,
from Locust Street to Elizabeth.
Property owners in the area who appeared and spoke to various questions regarding
the sidewalk conditions were as follows:
1. Ed Stoner, 701 Cherokee, who requested the bike path to be placed on the
south side of Stuart.
2. Paul Mayhak, 1800 Stover spoke in opposition to the four foot sidewalks
rather than extending the 32 inch sidewalks which exists.
164
3. Steve Pickelner, 736 Stuart Street spoke in opposition to the placement
of the bike lane --adding that he considers trading one hazard for another
due to parking requirements.
4. Ron Zeleny, President of the Parent Advisory Board of Bartan School,
stated he had been requested by the Safety Council Committee of the
Parent Advisory Board to address the issued, especially the safety
considerations of new sidewalk installations, and realignment of the
cross walk on Stuart.
S. Preston Davis spoke to the probable boundaries for children in this area.
Mayor Russell accepted the report on behalf of Council. This item will be
back before the Council at the next meeting or following Council meeting.
Adjournment
Councilwoman Gray made a motion, seconded by Councilwoman Reeves to adjourn.
Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, &Suinn and Wilkinson.
ATTEST:
city clerk
1
Mayor
165