HomeMy WebLinkAboutMINUTES-04/06/1976-RegularApril b, 197b
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, April 6, 1976, at 5:30 P.M. in the Council Chambers in the City
of Fort Collins City Hall. Mayor Russell called the meeting to order noting
the following Councilmembers present: Bloom, Bowling, Gray, Reeves, Russell,
Suinn and Wilkinson.
Staff Members Present: Brunton, DiTullio, Kaplan, Bingman, Holmes, Krempel,
Phillips, Cain and Lewis.
Also: City Attorney Arthur E. March, Jr.
Minutes of Adjourned Meeting of March 17, 1976
' Councilwoman Reeves made a motion, seconded by Councilwoman Gray to approve
the minutes of the adjourned meeting of March 17, 1976 as published. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson.
Nays: None.
Election of Mayor and Vice Mayor
Mayor Russell stated nominations were in order for the Office of Mayor.
Councilman Bloom nominated Councilman Wilkinson as Mayor.
Councilwoman Gray stated, "I think the position of Mayor should be held only
by an elected Councilperson and 1 nominate Chuck Bowling." Councilman Bowling
requested his name be withdrati,ai from nomination as he was not certain as to
what his plans would be. Mayor Russell then called for further nominations.
Councilman Suinn made a motion, seconded by Councilwoman Reeves that nominations
be closed. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn
and Wilkinson. Nays: None.
Councilman Bloom made a motion to elect Councilman Wilkinson as Mayor by
acclamation. This motion died for a lack of a second.
Mayor Russell then called for a roll call vote on the nomination, with the
following vote:
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Councilman Bloom - Wilkinson;
Councilman Bowling - Wilkinson
Councilwoman Gray - No
Councilwoman Reeves - Wilkinson
Councilman Russell - Wilkinson
Councilman Suinn - Wilkinson
Councilman Wilkinson - Yea (Abstain)
Mayor Russell then stated nominations were in order for the Office of Vice Mayor;
he then nominated Peggy Reeves. The nomination was seconded by Councilwoman Gray.
Mayor Russell then inquired if there were other nominations for Vice Mayor.
Hearing none, he called for a roll call vote.
Councilman Bloom - Reeves
Councilman Bowling - Reeves
Councilwoman Gray - Reeves
Councilwoman Reeves - Okay
Councilman Russell - Reeves
Councilman Suinn - Reeves
Councilman Wilkinson - Reeves
Mayor Wilkinson assumed the Chair and thanked Former Mayor Russell and Former
Assistant Mayor Bowling for the "excellent job they did during the past year."
Mayor Wilkinson then called for nominations for a representative to COG.
Councilwoman Reeves nominated Councilman Bowling. The nomination was seconded '
by Councilwoman Gray. Mayor Wilkinson; called for further nominations.
Councilman Russell made a motion, seconded by Councilman Bloom that nominations
cease and Councilman Bowling be appointed as a representative to COG by
acclamation. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell,
Suinn and Wilkinson. Nays: None.
Mayor Wilkinson then called for nominations for the alternate to COG.
Councilman Bowling nominated Peggy Reeves. The nomination was seconded by
Councilwoman Gray.
Councilman Suinn made a motion, seconded by Councilman Russell that nominations
be closed. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn
and Wilkinson. Nays: Nonc.
Mayor Wilkinson then called for a vote on the nomination.
Councilman Bloom - Reeves
Councilman Bowling - Reeves
Councilwoman Gray - Yes
Councilwoman Reeves - Yes
Councilman Russell - Yes
Councilman Suinn - Yes
Councilman Wilkinson - Yes
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Ordinance Adopted on Second Reading Relating
to Surety for Sewer Contractors
Councilman Bowling made a motion, seconded by Councilman Bloom to adopt
Ordinance No. 23, 1976 on second reading. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. ?lays: None.
ORDINANCE NO. 23, 1976
BEING AN ORDINANCE RELATING TO THE
INSTALLATION OF UTILITY LINES IN
PUBLIC RIGHTS OF WAY AND REQUIRING
I A LICENSE TO INSTALL OR CONTRACT FOR
THE INSTALLATION OF SUCH LINES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. License required. No person shall install or
contract to install in any public right of way in the city
utility lines which will connect to and become a part of any
city utility without first obtaining from the city a license
to perform such work.
Section 2. Application for license.
A. Applications for a license under this ordinance
shall be made to the Director of Engineering Services. The
Director of Engineering Services is hereby authorized to estab'
lish forms for application and to require such information from
applicants as may be necessary to accomplish the purposes of
this ordinance.
B. Any license application shall be accompanied
by a bond executed by a reliable surety company in the sum of
Ten Thousand Dollars ($10,000.00), which bond shall be condi-
tioned upon compliance with all of the provisions of this
ordinance and the ordinances of the City of Fort Collins relating
to installation of utility lines in public rights of way.
C. Any license application shall also be accompanied
by a license fee which is hereby established in the amount of
Twenty Five Dollars ($25.00).
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Section 3. Issuance of license. The Director of Engineering
Services shall consider all license applications filed hereunder
and shall determine whether the applicant is qualified to per-
form such work. If he determines that the applicant is so
qualified, he shall approve the issuance of the license and
shall forward the license application with his approval endorsed
thereon and all supporting papers to the Director of Finance,
who shall issue the license.
Section 4. Guarantee of work.
A. Any person licensed hereunder shall guarantee the
improvements installed by him for a period of one. (1) year after
the �:ompletion of such improvements and acceptance thereof by
the <:ity. The licensee shall be required to maintain and make
all necessary repairs to utility lines installed by him during
such one-year period without additional charge or cost to the
City of Fort Collins or to the person for whom the improvements
were installed. This guarantee shall include all repairs required
because of imperfections in materials used or unsuitability of
materials used and all repairs required because of defects of
workmanship. It shall also include defects consisting of settling
of trenches or other fills or excavations. The determination of
the necessity for repairs shall be exclusively in the City Director
of Engineering Services and his decision upon such matters shall
be final and binding upon any contractor licensed hereunder.
B. If at any time within the period of the guarantee
required under this ordinance the Contractor shall fail or refuse
to make the repairs required by the guarantee, then the city may
proceed to cause the repairs to be made and to recover the cost
of the same by action against the bond of the contractor.
Section 5. Suspension and revocation of license. The City .
Director of Engineering Services may suspend or revoke any
license issued under this ordinance upon determining that the
licensee has failed to abide by the requirements of the ordi-
nances of the City of Fort Collins, including this ordinance,
relating to work done under the license. Upon taking action
to suspend or revoke a license, the City Director of Engineering
Services shall give written notice to the licensee of such action.
The licensee may appeal the decision of the Director of Engineering
Services to the City Council by filing a notice of such appeal
with the City Clerk within ten (10) days after the notice is
mailed to the licensee. In the event of such appeal, the City
Council shall schedule a hearing on the question and the action
taken by the City Council at the hearing shall be final.
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Section 6. Exception. The requirements of this ordinance
shall not apply to any party contracting with the City of Fort
Collins for the installation of utility lines.
Introduced, considered favorably on first reading, and
ordered published this 17th day of March, A.D. 1976, and to be
presented for final passage on the 6th day of April, A.D. 1976.
NZ FAt PON RON" 0' MO*
ATTEST:
ty rierlt.
Passed and adopted on final reading this 6th day of April,
A.D. 1976.
I
ATTE {T : Mayorl
?34.4tyClerk
First Reading: DIarch 17, 1976 (Vote: Yeas: 7, Nays: 0)''%
Second Reading: April 6, 1976 (Vote: Yeas: 7, Nays: 0)"'
Dates Published: March 21, 1976 and April 11; 1976
Attest:
City Clem
Ordinance Adopted on Second Reading Relating
to Surety for for PavingContractors
Councilman Suinn made a motion, seconded by Councilwoman Reeves to adopt
Ordinance No. 24, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
170
ORDINANCE N0. 24, 1976
BEING AN ORDINANCE RELATING TO THE
INSTALLATION OF ASPHALT STREET PAVEMENT
ON CITY STREET RIGHT OF WAYS AND REQUIRING
A LICENSE TO INSTALL OR CONTRACT FOR THE
INSTALLATION OF SUCH PAVEMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. License required. No person shall install or
contract to install asphalt street pavement on a city street
right of way without first obtaining from the city a license
to perform such work.
Section 2. Application for license.
A. Applications for a license under this ordinance
shall be made to the Director of Engineering Services. The
Director of Engineering Services is hereby authorized to estab-
lish forms for application and to require such information from
applicants as may be necessary to accomplish the purposes of
this ordinance.
B. Any license application shall be accompanied by '
a bond executed by a reliable surety company in the sum of Ten
Thousand Dollars ($10,000.00), which bond shall be conditioned
upon compliance with all of the provisions of this ordinance
and the ordinances of the City of Fort Collins relating to the
installation of pavement on city streets.
C. Any license application shall also be accompanied
by a license fee which is hereby established in the amount of
Twenty Five Dollars ($25.00;.
Section 3. issuance of license. The Director of Engineering
Services shall consider all license applications filed hereunder
and shall determine whether the applicant is qualified to per-
form such work. If he determines that the applicant is so
qualified, he shall approve the issuance of the license and
shall forward the license application with his approval endorsed
thereon and all supporting papers to the Director of Finance,
who shall issue the license.
Section 4. Guarantee of worn.
A. Any person licensed hereunder shall guarantee the
improvements installed by him for a period of one (1) year after
171
the completion of such improvements and acceptance thereof by
the city. The licensee shall be required to maintain and make
all necessary repairs to pavement installed by him during such
one-year period without additional charge or cost to the City
of Fort Collins or to the person for whom the improvements were
installed. This guarantee shall include all repairs required
becaui;e of imperfections in materials used or in stability of
materials used and all repairs required because of defects of
workmanship. It shall further include any defects in the con-
strucltion of the street under the pavement which was installed
by thin licensee.
The determination of
the necessity for repairs shall be exclusively in the City Director
of Engineering Services, and his decision upon such matter shall
be final and binding upon any contractor licensed hereunder.
B. If at any time within the period of theuarantee
required under this ordinance the contractor shall fail or refuse
to make the repairs required by the guarantee, then the city may
proceed to cause the repairs to be made and to recover the cost
of the same by action against the bond of the licensee.
Section 5. Suspension and revocation of license. The City
Director of Engineering Services may suspend or revoke any
license issued under this ordinance upon determining that the
licensee has failed to abide by the requirements of the ordi-
nances of the City of Fort Collins, including this ordinance,
relating to work done under the license. Upon taking action
to suspend or revoke a license, the City Director of Engineering
Services shall give written notice to the licensee of such action.
The licensee may appeal the decision of the Director of Engineering
Services to the City Council by filing a notice of such appeal
with the City Clerk within ten (10) days after the notice is
mailed to the licensee. In the event of such appeal, the City
Council shall schedule a hearing on the question and the action
taken by the City Council at the hearing shall be final.
Section 6. Exception. The requirements of this ordinance
shall not apply to any party contracting with the City of Fort
Collins for the installation of pavement on city streets.
Introduced, considered favorably on first reading, and
ordered published this 17th day of March, A.D. 1976, and to be
presented for final passage on the 6th day of April, A.D. 1976.
ATTEST:
Fiayo;
t lerc
y 272
!Passed and adopted on final reading this 6W day of April,
A.D. ;1976.
r
I
ATTEST:
yor
ty ulerr—� j
First Reading: March 17, 1976 (Vote: Yeas: 5, Nays: 2)
Second Reading: April 6, 1976 (Vote: Yeas: 7, Nays: 0)
Dates Published: March 21, 1976 and April 11, 1976
ttest:
sty Clerk
Ordinance Adopted on Second Reading Relating
to Sewer Use
Councilwoman Gray made a motion, seconded by Councilman Suinn to adopt I
Ordinance No. 25, 1976 on second reading. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
ORDINANCE NO. 25 , 1976
BEING AN ORDINANCE AMENDING ARTICLE II,
CHAPTER 11.2 OF THE CODE OF THE CITY OF
FORT COLLINS RELATING TO THE SANITARY
SEWER UTILITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
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Section 1. That Article II of Chapter 112 of the Code of the City of
Fort Collins (Sections 112-67 through 112-116, inclusive) be, and the
same hereby is, amended ti read as follows:
ARTICLE II
Sanitary Sewers
112-67. Definitions.
Unless the context specifically indicates otherwise, the meaning of
terms used in this Article shall be as follows:
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BOD (denoting Biochemical Oxygen Demand) shall mean the quantity
of oxygen utilized in the biochemical oxidation of organic 0 matter
under standard laboratory procedure in five (5) days at 20 C,
expressed in milligrams per liter. Normal domestic strength BOD
shall be considered as 200 mg/l.
CITY shall mean the City of Fort Collins, Colorado.
COD (denoting Chemical Oxygen Demand) shall mean the measure of
the oxygen equivalent of that portion of organic matter in a
sample that is susceptible to oxidation by a strong chemical oxidant
under laboratory procedures.
DIRECTOR shall mean the Director of Water Utilities of the City
of Fort Collins or his authorized representative.
GARBAGE shall mean solid wastes from the domestic and commercial
preparation, cooking, and dispensing of food, and from the handling,
storage, and sale of produce.
INDUSTRIAL COST RECOVERY CHARGE shall mean that charge assessed
against certain industrial customers to recover their proportionate
share of the capital investment in new sewage treatment facilities
financed partly with federal funds.
INDUSTRIAL SUhCHARGE shall mean that charge assessed against industrial
customers based upon the amount that the strength of their discharged
sewage exceeds normal domestic' strength in the parameters of BOD, COD,
or SuspbWdo-d SolidL.
INDUSTRIAL WASTES shall mean the liquid wastes from the industrial
manufacturing processes, trade, or business as distinct from sanitary
sewage.
JTU (denoting Jacksor. Turbidity Units) shall be the measure of the
optical properties of a sample which causes light to be scattered
and absorbed rather than transmitted in straight lines.
LIVING UNIT shall mean living quarters for a family as herein
defined plus the space provided for rent of sleeping rooms only
without cooking facilities for not exceeding two (2) roomers.
In private residences where space is arranged to be rented to
more than two (2) roomers, space for each four (4) or less additional
roomers shall be considered as an additional "living unit". For
the purpose of the foregoing, a "family" shall be construed to
mean two (2) or more: persons related by blood or marriage. In
the event a residence is not occupied by a family, then a single
living unit shall be construed to be no more than five (5) persons
not related by blood or marriage, whether roomers or otherwise,
174
and the space for each four (4) or less additional residents shall
be considered as an additional "living unit".
NATURAL OUTLET shall mean any outlet into a water course, pond,
ditch, lake, or other body of surface or groundwater.
PERSON shall mean any individual, firm, company, association,
society, corporation, or group.
pH shall mean the logarithm of the reciprocal of the weight of
hydrogen ions in grams per liter of solution.
PLATINUM COBALT SCALE shall be the standard by which samples shall
be compared. A standard unit of color is produced by one (1)
milligram per liter of platinum in the form of chloroplatinate
ion in solution.
PRIVATE SEWAGE DISPOSAL SYSTEMS shall mean any septic tank, privy,
privy vault, cesspool or other device intended to hold or treat
sewage from an individual house or building or a limited number
of houses or buildings, constructed and operated in accordance
with applicable Larimer County Health Department regulations.
PROPERLY SHREDDED GARBAGE shall mean the wastes from the preparation,
cooking, and dispensing of food that have been shredded to such a
degree that all particles will be carried freely under the flow I
conditions normally prevailing in public sewers, with no particle
greater than one-half (;I) inch in any dimension.
PUBLIC SEWER shall mean a sanitary sewer which is a part of the
City sewer utility.
SANITARY SEWER shall mean a sewer which carries sewage and to which
storm, surface, and groundwaters are not intentionally admitted.
SEWAGE (Wastewater) shall mean a combination of the water carried
wastes from residente:>, business buildings, institutions, and
industrial establishments.
SEWAGE PRETREATMENT FACILITY shall mean any arrangement of devices
or structures used for treating sewage before it is discharged
into a public sewer which is not owned and operated by the City
sewer utility.
SEWAGE TREATMENT FACILITY (Wastewater Treatment Facility) shall
mean any arrangement of devices and structures used for treating
sewage, owned and operated by the City sewer utility.
SEWER SERVICE shall mean the extension from the public sewer to
the building or structure served.
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SEWER UTILITY shall mean all sanitary sewers, sewage treatment
works, pumping stations, equipment, materials and supplies used
by the City to collect and dispose of sewage from property in the
City and property served by City sewers outside the City.
STANDARD SPECIFICATIONS shall mean the current specifications used
by the City of Fort Collins in the construction of public sewers.
SUBDIVIDER (Developer) shall mean any person who plats and improves
undeveloped land for the purpose of industrial, commercial, or
residential use.
SUBDIVISION shall mean any undeveloped land which has been platted
and is improved for the purpose of industrial, commercial, or
residential use.
SUSPENDED SOLIDS shall mean solids that either float on the surface
of, or are in suspension in water, sewage, or other liquids, and
which are removable by laboratory filtering.
WATER COURSE shall mean any channel in which a flow of water occurs,
either continuously or intermittently.
WINTER QUARTER WATER USE shall mean the average monthly amount of "
water delivered through the meter of the user during the preceding
' months of December, January, and February. L'
DISPOSAL BY RELEASE INTO SANITARY SEWER SYSTEMS - Rules and Regulations
pertaining to Radiological Control, published by Colorado Department
of Health, State of Colorado.
STANDARD METHODS FOR THE EXAMINATION OF WATER AND WASTEWATER,
Fourteenth Edition, prepared and published jointly by the American ;
Public Health Association. American Water Works Association, and
the Water Pollution Control Federation, 1976.
1
6 112-68. General
A. It shall be unlawfII3 for any person to discharge to any natural
water outlet within the City of Fort Collins, or in any area
under the jurisdiction of said City, any sewage or other polluted
waters, except where. suitable treatment has been provided in
accordance with provision of this ordinance and local, state and
federal laws.
176
B.I It shall be unlawful for any person to in any way damage any
property, equipment -or appliance constituting or being a part
of the City sewer utility or for any person to trespass upon
the property of the 'City, to tap any sewer main or to make any
connections therewith, to deposit any type of refuse into manholes
or in any manner to'interfere with the City sewer utility or the
property, equipment,manholes, piping or appliances of the City
sewage collection system and treatment facilities.
C. Any person, firm or corporation who shall violate any provision
of this ordinance or other regulation adopted by reference by
this ordinance, by doing any act prohibited or declared unlawful
thereby, shall be guilty of a misdemeanor and shall be subject
to such penalties as are provided for in this Code.
D. The Director of the Water and Sewer Utility and the Director of
Finance shall keep such records and prepare such reports concerning
the sewer utility as the City Manager directs. The City Manager
shall keep the City Council advised of the operations, financial
conditions and future needs of the sewer utility, and shall prepare
and submit to the City Council each month a report covering the
activities of the sewer utility, including a statement of revenues
and expenditures of the preceding month.
E. The Director of the Water and Sewer Utility shall have the power
to formulate and promulgate rules and regulations for the administration ,
of this ordinance, such rules and regulations shall not be inconsistent
with provisions of this article and shall not be effective until
approved by the City Council.
® 112-69. Connection to Public Sewer Required
A. The owner of any horse or building used for human occupancy,
employment or activity, situate within the City may be required
at such owner's expense to connect such structure to a public
sewer, if such public sewer is within one hundred (100) feet
of the property line of the property upon which the structure
is located. Such connection shall be made within ninety (90)
1 days after notice from the Director of the City Water and Sewer
Utility is served on the owner of the property affected. Service
shall be considered complete upon delivery of the notice to the
owner of the property or by posting a copy of the notice on the
property in question in a conspicuous place and by mailing a
copy of such notice; registered mail, to the record owner of
the property as disclosed and at the address shown in the current
records of the Latimer County Assessor.
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B. If a public sewer is not available within one hundred (100) feet
of the property line of the property upon which a house or building
is located, a private sewage disposal system constructed in accordance
with applicable regulations of the Larimer County Health Department
shall be utilized to dispose of sewage.
C. In cases where a public sewer was not previously available within
one hundred (100) :feet of the property line of a property but a
public sewer later becomes available within such distance, the
owner may be required to connect with the public sewer as provided
in part A above. :in such event, after the connection is completed
the private sewage disposal system shall be emptied, cleaned and
filled with sand or dirt.
112-70. Private Sewage Disposal Systems
A. No private sewage disposal system may be constructed with the
City of Fort Collins: until a permit shall be secured from the
Chief Building Insp<!ctor of the City of Fort Collins for the
construction of the same. At the time of application, the applicant
shall present a perrdt for the private sewage disposal system
obtained from the Larimer County Health Department.
B. The owner or owners'of any private sewage disposal system shall
operate and maintain the system in a sanitary manner at all times
' at no expense to the City.
C. The contents of any private sewage disposal system within the
jurisdiction of the. City of Fort Collins shall not be removed
therefrom, nor shall the same be transported through any street,
alley or public place within the City, except by a person holding
a license from Larimer County for such activities. Said person
shall transport the contents in covered tanks in such a manner
as to prevent the escape of any noxious or offensive odors, liquids,
or solids and preserve such contents from sight or exposure during
transportation. Such material shall be disposed of in accordance
with State and County laws. All tools, appliances, and vehicles
used in such cleaning and removal shall be kept and maintained
in a clean and sanitary condition such as will not constitute
a danger to the public health.
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® 112-71. Sewer Services
A. No person shall uncover, make any connection with or opening
into, use, alter, or disturb any public sewer or appurtenance
thereof without filrE:t making application at the City Building
Inspection office ort forms furnished by the City and receiving
a written permit therefrom.
(1) The permit application shall contain the name of the property
owner, address'of the owner, description of the property,
address of theiproperty, the size of the sewer tap desired
and such otherlinformation as the City shall deem necessary.
(2) The permit shall contain such information as will identify
the owner, thqproperty involved, and any other information
deemed necessary by the City.
(3) The permit shall be signed and dated by the person or persons
authorized by the Director to issue such permits.
(4) No permit shall be issued until all fees due the City have
been paid as described hereafter or in accordance with special
agreements established by the City Council.
B. The City shall install sewer service lines from the sewer mains '
to the property line of the property to be served upon payment
of the proper fee by the property owner, except as provided
hereafter for subdivisions.
C. The sewer service line from the property line to the building
or structure to be served shall be installed by the property
owner at his expense. The owner shall hold the City harmless
for any loss or damage that may directly or indirectly be
occasioned by the installation of the sewer service line.
D. The owner of any property connecting to the City sewer utility
shall be responsible for the maintenance of the sewer service
line from the public sewer main to the structure to be served.
The owner shall keep the sewer service line for which he is
responsible in good condition and shall replace at his expense
any portions thereof which, in the opinion of the Director,
have become damaged or disintegrated as to be unfit for further
use. The owner shall be responsible for returning the public
right-of-way and the street to acceptable City standards.
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E. If the sewer user desires to disconnect his premises, he shall
not be permitted to take up that portion of the service line
between the main and the property line, but at his expense the
sewer service from the property line to the premises shall be
dug up, cut and tightly capped and all of the service line from
the main to such cap shall remain in the ground and remain the
property of the City. New services to replace existing services
shall not be approved by the City until old service lines are
dug up and properly capped. Such cap shall be sufficiently tight
to prevent the escaping of sewer gas or the infiltration of water.
F. Each property shall be served by its own sewer service line, and
no connection shall be made by extending the service from one
property or another property. Each separate building in a Planned
Unit Development shall have a separate sewer service line.
G. All filling stations, garages, and similar places having wash
or grease racks connected with the sewer utility shall be provided
with a sand and grease trap of suitable size and construction
to be determined bylthe Chief Building Inspector. Such sand
and grease traps shall be cleaned as needed but not less often
than annually.
@ 112-72. Sewer Main Extensions
A. When the City extends a sewer line as a system improvement at
City expense, the City may require property owners to pay their
share of the cost of such line before connecting to the line.
The amount to be chz.rged shall be based upon the amount of connecting
property fronting upon the sewer line or some other basis established
or approved by the City Council. The charge shall be based upon
the original construction cost of the sewer line and the method
of assessment shall;be established at the time the installation
of the line is authorized.
B. In case sewer lines are installed through an improvement district,
the City may pay the cost attributable to any property which
cannot be assessed its full share of the cost of the line. In
such event before any property which has not paid its full share
of the cost of the line may connect to the sewer, the owner of
such property shall: reimburse the City for the connecting property's
share of the amount: paid by the City.
C. The existence of private sewers connected with the City sewer
utility shall not affect the assessability of the property for
sewers constructed by the City or sewers constructed by others
in accordance with City specifications. When private mains are
replaced by City mains, no credit shall be allowed for existing
mains.
1SD
D. Before any street or alley is paved, the City shall cause the
sanitary sewer system to be extended as it deems necessary, whether
immediate use thereof is required or not. Such sewer service
lines as desired by abutting property owners or as deemed appropriate
by the Director shall be installed from the public sewer to the
property line of abutting property. Until activated, sewer service
lines shall be tightly capped to prevent the escape of sewer gas
or the infiltration of water. A permit shall not be required
for such sewer service lines until such time as application is
made to connect and activate a service line. At that time, the
applicant shall pay all utility investment fees and tap charges
as hereinafter provided for.
E. The City may pay a portion of the cost of extending sewer mains
if the City requires that a main be installed larger than that
necessary to serve the property for which the main is extended.
The City Manager shall promulgate rules and regulations setting
forth the method of determining the portion of the cost of main
extension to be borne by the City, which regulations shall be
submitted to the City Council for approval.
F. The Director of the Water and Sewer Utility is hereby authorized
to promulgate rules and regulations establishing standard
specifications governing the depth, size, slope, alignment,
materials of construction of sewer lines and methods to be
used in the excavating, placing of the pipe, jointing, testing, ,
and backfilling the trench, and such other technical specifications
as may apply to the sanitary sewer utility. Such rules and
regulations shall be presented to the City Council for its
approval and after approval by the City Council by resolution,
the same shall be in full force and effect and a violation of
such rules and regulations shall be a violation of this ordinance.
The Director of the Water and Sewer Utility may amend such rules
and regulations from time to time, provided that such amendments
shall be presented to the City Council and approved by the City
Council by resolution before the same become effective. A copy
of the current rules and regulations shall be on file and available
in the office of the City Clerk at all times.
G. When any person constructs a sewer through undeveloped areas to
serve his property or constructs lines on the perimeter of his
property, the entire cost of such sewer lines shall be paid by
such person. If he has furnished the City a recapitulation of
the construction costs, and has entered into an agreement with
the City within ninety (90) days of the completion of such sewer
lines, then, at the time the property abutting such sewer is
developed and connections are made to the sewer, the City may
collect a charge per front -foot based upon the original construction
cost, and if so collected shall reimburse the original installer
181
1
to the extent of the collection so made; provided, however, that
in no event shall ,ouch reimbursement exceed the original cost
of the extension. A person's right to reimbursement under the
provisions of this section shall not exceed a period of ten (10)
years from executipn of the agreement unless the City Council
shall approve a contract for a period exceeding ten (10) years.
B 112-73. Pump Stations and Force Mains
A. When pumping stations are required, the cost of constructing
said stations shall be the responsibility of the property served
thereby. In those instances where it appears that more than one
platted subdivision may be served by the pump station, the City
may require a larger capacity than that necessary to serve the
initial development.' Where such larger capacity is required, the
additional cost maybe paid by the City; and thereafter collected
from other property owners or subdividers connecting to lines
served by the pump station. Such charges shall be paid prior
to the time any further connections are made.
B. Force mains required to serve an area not otherwise able to enter
the City's sewage system shall be constructed at the expense of
the owners of the property to be served thereby.
C. In those instances where pumping stations and force mains are
required, the sewage system shall be designed where possible so
as to permit an eventual connection into a gravity system with
a minimum of expense. Where practicable, easements shall be
provided and lines constructed to tie into the gravity system.
The City may require deposits from the property owners requiring
said force system, where deemed necessary, to pay for the eventual
construction of gravity lines.
1
112-74. Sewers in Subdi-7isiona
A. Except as otherwise provided in this article, a subdivider shall
install at his expense all sewer mains, sewer service lines, and
other sewer appurtenances to, in and through his subdivision.
The plans and specifications for the installation of sewer mains,
sewer service lines and other sewer appurtenances shall be a part
of the utility plan submitted for approval to the City and such
facility shall be installed in accordance with the approved plane
and specifications.
182
B. No permits shall be required of the subdivider for installation
of sewer mains and sewer service lines in his subdivision. At
the time a sewer service is activated, a permit for that service
shall be required and the permit shall be issued upon payment
of applicable fees as provided for hereinafter.
C. Sewer mains shall be extended to the furthest point or points
upgrade of the property to be served when in the opinion of
the Director such extension is desirable to provide for future
extensions of the sewer system.
§ 112-75. Prohibited Discharges
A. It shall be unlawful to discharge into the sanitary sewer system
of the City of Fort: Collins any water or wastewater as herein—
after described:
(1) Waters specifically prohibited are storm water drainage from
ground, surface, roof leaders, catch basins, or any other
source, subsurface drainage or ground water, water from
underground drains, sump pump discharges, natural springs
and seeps, wager accumulated in excavations or accumulated
as the result of grading, water taken from the ground by
well points, or any other drainage associated with construction.
(2) Water which has been used for cooling or heat transfer purposes I
without recirculation, discharged from any system of condensation,
air conditioning, refrigeration or similar use.
(3) Any waters or wastes having a pH lower than 6.0 or greater
than 9.0.
(4) Waters containing sand or other inorganic particulate matter
which will result in a settleable solids concentration greater
than 25.0 milliliters per liter in the discharge.
(5) Turbid water or waste which will have a turbidity level in
excess of 60 Jackson Turbidity Units.
(6) Any wastes theft contain concentrated dye wastes or other
wastes that are either highly colored or could become highly
colored by reacting with any other wastes. Waters or wastes
shall not have a color concentration in excess of 30 color
units based on the Platinum Cobalt scale.
(7) Wastes from septic tank pumpage or vaults unless pretreated
at an approved facility or delivered to an approved discharge
site and after payment of applicable fees.
183
1
(8) Waters containing garbage that has not been ground or comminuted
to such a degree that all particles will be carried freely
in suspension under conditions normally prevailing in public
sewers. Solid particles shall be less than one-half 00 inch
in any dimension.
(9) Any liquid or vapor having a temperature higher than 1500 F
(65.50 C), at the point of entrance to the public sewer.
(10) Any water or waste containing free, floating, or insoluable
oil.
(11) Any water or waste which contains grease or oil or any other
substances that will solidify or become discernably viscous
at temperatures between 32° F (00 C) and 1500 F (65.50 C).
(12) Any water or wa,3te containing emulsified oil, fats, or grease
exceeding 75 pacts per million of Hexane -soluble matter.
(13) Liquids, solids, or gases which, by reason of their nature
or quantity, ar-a capable of causing fire or explosion or are
injurious in an_7 other way to the sewer utility structures
or to the opera=ion of the sewage treatment facilities.
Examples of such wastes, but not limited to the following
are: gasoline, benzene, naptha, fuel oil, mineral oil,
lubricating oil', or other flammable or explosive liquid,
' solid or gas. Waters or wastewaters discharged into a
public sewer shall not have a flash point lower than 187° F
(86.1° C) as determined by the Tagliabue (Tag.) close cup
method.
1
(14) Any liquid or vapor which causes noxious or malodorus conditions
which either singly or by interaction with other wastes are
sufficient to be hazardous to personnel in the maintenance
and repair of the sewer utility.
(15) Solid or viscous wastes which cause obstruction to the flow
in sewers or other interference with the proper operation
of the sewer utility such as, but not limited to: ashes,
cinders, silt, sand, cement, concrete, plaster, mud, grass,
straw, hay, shavings, metals, glass, rags, tar, plastics,
wood, paunch manure, excessive manure, hair and fleshings,
blood, intestinal contents from horses, cattle, sheep or
swine, animal hoofs or toenails, animal intestines or stomach
casings, bones, hog bristles, hides or parts thereof, animal
fat or flesh in particles larger than will pass through a
quarter inch screen,poultry entrails, heads, feet or feathers,
lime slurry or sludge, acetylene generation sludge, stone
or marble dust, waste paper, asphalt residues, spent grain,
184
paints and similar substances, wax, paraffin, chemical residues,
alkali residues, plating solution residues, food processing
bulk solids, and the concentrated contents of chemical tanks
containing acids, alkalies or heavy metals.
(16) Any water or waste containing radioactive material when
such discharge is not in compliance with the provisions
for "Disposal by Release into Sanitary Sewer Systems" in
the latest edition of Rules and Regulations Pertaining to
Radiological Control, published by the Colorado Department
of Health, State of Colorado.
(17) Any water or wastes containing any of the following substances
with a grab sample concentration in excess of:
Phenolic compounds as Phenol 5.0 mg/l
Cyanide or compounds capable of 1.0 mg/1
liberating hydrocyanic acid gas
as Ctt
Hydrogen Sulfide 5.0 mg/l
Sulfur Dioxide 5.0 mg/1
Nitrous Oxide 5.0 mg/l
Ammonia Nitrogen as F 10.0 Ug/l
(18) Any water or wastes containing a toxic or poisonous substance
having a twenty-four hour proportionate composite
sample
concentration in excess of the following:
Hexavalent Chromium as Cr
0.25
mg/l
,
Copper as Cu
3.0
mg/l
Nickel as Ni
5.0
mg/l
Cadmium as'Cd
0.05
mg/l
Zinc as Zn
2.0
mg/l
Iron as Fe
15.0
mg/l
Lead as Pb
0.25
mg/1
Arsenic as!As
0.25
mg/l
Manganese as Mn
0.25
mg/l
Selenium as Se
0.05
mg/l
Silver as Ag
0.25
mg/l
Mercury as; Hg
0.025
mg/l
B. Any discharge of water, sewage, or industrial wastes which in
concentration of any given constituent or in quantity of flow
exceeds for any period of duration longer than fifteen (15)
minutes more than five (5) times the average twenty-four (24)
hour concentration or flows during normal operation shall be
defined as a "slug" and is hereby prohibited.
185
C. Any material or substance not specifically mentioned in this
section which in itself is corrosive, irritating, or noxious
to human beings and animals, or which by interaction with other
water or waste in the public sewer system could produce undesirable
effects or create any other condition deleterious to structures,
treatment processes, and quality of the receiving stream.
D. Any material or substance entering into the public sewer which
interferes with the treatment process even if it is within the
concentration limitations stated above may be prohibited upon
written notice by the Director.
E. The Director may grant a variance from the prohibited discharge
provisions of this article to those persons applying for such a
variance in accordance with the rules and regulations published
by the Director. Variances may be considered under the following
circumstances.
(1) Compliance with the prohibited discharge provisions
would impose an undue hardship on the person discharging
wastes to the public sewer, and;
(2) Acceptance of the discharge does not adversely affect the
public sewer oollection system or the treatment facilities
' of the City.
112-76. Monitoring of Wastewaters.
1
A. The owner of any property discharging industrial wastes into the
public sewer shall, within sixty (60) days of written notice by
the Director, install at his expense a manhole of a type in
conformance with des:ign drawings and specifications furnished
by the Water and Sewer Utilities Department.
B.i Said manhole as referenced in part A shall be used by the Water
and Sewer Utilities Department to monitor, sample and measure
wastewater discharge's for the purposes of assessing sewage treatment
charges, surcharges,lor industrial cost recovery charges or
any other purposes as may be applicable.
C. The location of the manhole referred to in parts A and B shall
be approved by the Director prior to its installation.
D. The City shall bill the respective owner for the expenses incurred
in monitoring, sampling, or measuring the wastewater discharge
of that owner's property. Said expenses shall be established
by resolution of tbeiCity Council.
186
® 112-77. Powers and Authority of Inspectors
A. The Director and other duly authorized employees of the City
bearing proper credentials and identification shall be permitted
to enter all properties for the purposes of inspection, obser-
vation, measurement,i sampling, and testing in accordance with
the provisions of this ordinance. The Director or his represent-
atives shall have no authority to inquire into any processes
including metallurgical, chemical, oil, refining, ceramic, paper,
or other industries beyond that point having a direct bearing on
the kind and sourcelof discharge to the sewers or facilities for
waste treatment.
B. While performing the necessary work on private properties, the
Director or duly authorized employees of the City shall observe
all safety rules applicable to the premises established by the
company.
C. The Director and other duly authorized employees of the City
bearing proper credentials and identification shall be permitted
to enter all private properties for the purposes of, but not
limited to, inspection, observation, measurement, sampling,
repair, and maintenance of any portion of the monitoring facility.
All entry and subsequent work, if any, shall be done in full accordance
with the terms of the duly negotiated agreement pertaining to '
the private property involved.
§ 112-'78. Pretreatment
Prutreatment of wastes before discharge into the public sewer may be
requ:red by the Director to bring user discharges within the limitations
described herein. Pretreatment may also be instituted by a user voluntarily
if he so chooses. In such cases, a monitoring point will be required
between the point of connection with the public sewer and the most down-
stream point of introductiwn of wastes into the sewer service line. Any
fees or surcharges shall a applicable only to the pretreated wastes as
monitored at the point of [introduction into'the public sewer.
1.87 1
§ 112-79. Protection from Accidental Discharge
A. All persons connecte,d to the public sewer shall take all measures
required to prevent the accidental introduction of prohibited
or hazardous substarces into the public sewer.
B. Persons accidentally discharging prohibited or hazardous substances
i into a public sewer Ishall be liable for all damages to the public
sewer, sewage treatment facility, treatment processes, damage to
private property, or injury to individuals caused by the discharge,
and/or any fines or ipenalties imposed upon the City for violation
of state and federal pollution control guidelines.
C. Users shall notify yhe City immediately upon the occurence or
discovery of an accidental discharge of wastes in violation of
this ordinance to enable countermeasures to be taken by the City
to minimize damage. !This notification shall be followed, within
15 days of the datelpf occurrence, by a detailed written statement
describing the cause(s of the accidental discharge and the measures
being taken to prevgat future occurrence.
§ 112-80. Confidential Information
A. All information and data on a user obtained from reports, question-
naires, permit applications, permits and monitoring programs and
from inspection shall be available to the public or any other
governmental agency without restriction unless the user specifi-
cally requests and is able to demonstrate to the satisfaction of
the Director that the release of such information would divulge,
information, processes or methods which would be detrimental to,
the user's competitive position.
B. When requested by the person furnishing a report, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public but shall
be made available to governmental agencies for use in making
studies; provided however, that such portions of a report shall
be available for use by the state or any state agency in judicial
review or enforcement proceedings involving the person furnishing
the report. Wastewater constitutents and characteristics will
not be recognized as confidential information.
C. Information accepted by the City as confidential shall not be
transmitted to any governmental agency or to the general public
by the City until and unless prior and adequate notification is
given to the user.
188
112-81. Classification of Sewer Users '
A person connected to the hewer utility shall be classed into one
of the following categories and billed for sewer use at the applicable
rate.
A. Category A —Single family residential user. (Either flat rate
or metered water use.)
B.' Category B--Duplex (two family) residential user. (Either flat
rate or metered water use.)
C. Category C--Multiple-family residential user. (More than two
living units.)
D. Category D--Minor non-residential user. A minor non-residential
user is a user who discharges only wastes of a type and strength
normally discharged by private residences. All non-residential
users not subject to the provision of Categories E and F shall
be classed as minor non-residential users, Category D.
E. Category E--Intermediate non-residential users. An intermediate
non-residential user is a user listed in Divisions A, B, D, E,
and I of the Standard Industrial Classification Manual who discharges
domestic type wastes with a strength in excess of any of the following '
parameters:
Chemical Oxygen Demand (COD) greater than 300 mg/l
5-Day Biochemical Oxygen Demand (BODO greater than 200 mg/l
Suspended Solids concentration greater than 250 mg/l
F. Category F--Major non-residential users. A major non-residential
user is a non -governmental user listed in Divisions A, B, D, E,
and I of the Standard Industrial Classification Manual who discharges
sanitary and/or industrial wastes.
G. Category G—Uaers outside the City limits.
H. Category H--Special. Users in this category shall include those
with whom the City has negotiated agreements to provide sewage
collection and/or treatment.
189
® 112-82. Sewer Use Charges
A. The Director shall analyze the previous calendar years Sewer
Utility operating and financial records and recommend to the
City Council not later than March 1 of each year user rates
or adjustments to be in effect -from April 1 to April 1 of the
following year.
B., The Director shall base his recommendation on the actual cost
i of serving each class of user, including in his consideration,
collection, treatment, administration, billing, and capital
improvement costs.
C. The rate for Categories A and B shall be a flat rate representing
a typical user in these categories as determined from the analysis
mentioned above.
D. The rate for Category C shall be based on the winter quarter
metered water use. Winter quarter metered water use shall mean
the average monthly amount of water delivered through the meter
of the user during the preceding months of December, January,
and February. In the event water service was not received during
such preceding months, the minimum charge shall apply. If any
metered customer connects to the sewer utility or makes a change
in the use of his premises or substantially expands such premises,
' the Director shall make an estimate of the water consumption on
said premises during an average winter month, based upon a count
of plumbing fixtures, consumption of similar customers or other
information.relevant to such determination, and such estimate,
when made, shall be the basis for the sewer service charge until
the actual winter water use for the premises can be determined.
1
E. The rate for Category D shall be based upon the following formula:
Cu - Vu C
Where:
Cu - Users charge per billing period.
Vu - Volume of water used per billing period.
C e A charge per unit volume of water used based upon
the cost of service per unit volume of normal, domestic
strength sewage established by the City Council upon
the recommendation of the Director.
190
P. The base rate for Categories E and F shall be determined by using
the same formula as for Categories C and D. However, in addition '
to the base rate, intermediate and major non-residential users
shall pay a surcharge for wastewaters of excessive strength.
This surcharge shall be based upon the following formulas:
(1) Ce - Vu Bc(B) + Sc(S) or
(2) Ce - Vu CODc(COD) + Sc(S)
Where:
Cs - User's surcharge for wastewaters of excessive
strength per billing period.
Vu - Volume of water used per billing period.
Bc - Cost of service for treatment of a unit of
5-Day Biochemical Demand.
B - Concentration of BOD5 from a user in excess of
200 mg/l.
Sc - Cost of service for treatment of a unit of
Suspended Solids.
S - Concentration of SS from a user in excess of
250 mg/l.
CODc - Cost of service for treatment of a unit of
Chemical Oxygen Demand (COD).
COD = Concentration of COD from a user in excess of
300 mg/l.
Which formula to be used shall be determined by the Director
based upon the ameanability of the discharge to testing by
one method or the other.
G. The rate for Category G shall be the applicable rate for users
of similar categories inside the City limits. In addition, users
in Category G shall pay a "capital investment recovery" charge
equal to one-half (11) the monthly charge.
H. The rate for Category H shall be determined by negotiation with
the party concerned. However, the rate shall be based upon cost
of service and shall not be less than that of in -city users.
Category H customers shall have to collect and pay to the City
any industrial surcharges and cost recovery charges that would
apply if the industrial customer were connected directly to the
City system. 191 1
I. The users in.Categories E, F, and G shall be billed upon the
basis of metered water consumption except where they can show
to the satisfaction of the Director that not all of the water
going through the meter is returned to the sewage system but
is consumed in process or otherwise diverted. A metering device
of a type, and installed in a manner approved by the Director,
may be used to measure the quantity of wastewater returned to
the public sewer for billing purposes. Any such device shall
be installed and maintained at the users expense.
J. Strength of sewage used in the calculation of charges for Categories E
and F shall be those submitted under the monitoring provisions
of this ordinance. For those users not required to continuously
monitor their sewage, the following table of strengths shall apply.
Category Average Concentration for Category (mg/l)
BOD Suspended Solids
Meat Packing
848
846
Slaughterhouses
1,420
1,367
Dairy Prods. Proc.
1,127
445
Fruit 5 Veg. Canning
537
306
Grain Mills
978
1,406
Bakeries
620
Sugar Processing
395
395
274
274
Fats b Oil Processing
403
343
Rendering Tallow
319
140
Beverage Bottling
536
192
Misc. Food Manuf.
2,961
563
Pulp Products
157
477
Inorganic Chemicals
89
3,249
Soap Manuf.
156
230
Paint Manuf.
481
1,039
Ink Manuf.
412
156
Leather Tanning
2,039
1,435
Drum Cleaning
503
974
Restaurants
820
905
Hotels
310
121
Commercial Laundries
596
367
Laundromats
219
87
Industrial Laundries
1,322
1,461
Hospitals
231
266
Domestic Waste (san.
200
250
strength wastewater)
1
192
Ke The rate for each category shall be: '
Category Class of Customer Rate
A Single-family residential $4.90 per month
user (either flat rate or
metered water use)
B Duplex (two-family) residen- $8.00 per month
tial user (either flat rate
or metered water use)
C Multiple -family residential $0.43 per 1,000 gallons
user (more than 2 living of winter quarter water
unite) use with a minimum charge
of $2.00 per month per
living unit served
Category Class of Customer Rate
D Minor non-residential $0.43 per 1,000 gallons
of water use with a
minimum charge as follows:
Size of ,
Water Meter Monthly
(in inches) Minimum
3/4 or smaller $ 2.00
1 2.66
1� 4.66
2 8.00
3 16.66
4 26.66
6 60.00
E Intermediate non-residential $0.43 per 1,000 gallons of
and F. Major non-residential water use or measured sewage
flow, whichever is applicable;
and $0.3517 per million gallons
for each mg/1 of suspended
solids in excess of 250 mg/l;
plus a surcharge of $0.2827
per million gallons for each
mg/1 of BOD in excess of 200 mg/1
or a surcharge of $0.1885 per
million gallons for each mg/1
of COD in excess of 300 mg/1,
whichever is applicable. A '
193 minimum charge would also be
made if applicable as follows:
1
1
G Outside City Limits Users
H Special
Size of
Water Meter Monthly
(in inches) Minimum
3/4 or smaller $2.00
1
2.66
13,
4.66
2
8.00
3
16.66
4
26.66
6
60.00
The rate shall be 11i times
that of similar users inside
the City limits.
The rate shall be negotiated.
L. The above charges are not applicable during the original construction
period of the building or structure to be served. At the time a
certificate of occupancy is issued for the building or structure,
the above charges will begin to be assessed.
§ 112—E:3. Connection Fees
A. Applicants desiring to connect to the City sewer utility shall
pay to the City, through the office of the Director of Finance,
a sewer utility investment fee for each individual service in
accordance with the schedule below. Such fee shall be paid prior
to the time that the connection permit is issued. Said fee shall
be in addition to all other charges required by the City Code.
B.: A tap charge shall be made in each case where the City makes a
connection to the sewer line in accordance with the schedule
below. Such charge shall be paid in full prior to the time
that the connection permit is issued.
C. The schedule of utility investment fees and tap charges shall
be:
Category Utility Investment Fee Tap Charge
A $710 $190
B and C $710 (for first $190
dwelling unit)
$515 (for each
additional dwelling
unit)
194
D, E, and F
Non-residential
Water Meter Size
;8
M
3/4
$ 710
$190
1
1,190
190
1'
2,350
190.
2
3,780
215
3
7,085
215
4
11,825
215
6
23,830
225
(Same as equivalent category)
Negotiated
D. In the event a user with an existing tap on the sewer utility
of the City requires an increase in the size of his tap due to
a change in the use of the property served by said tap, he shall
pay an additional sewer utility investment fee to the extent of
the difference between the fee for the existing tap, as prescribed
by the above schedule of fees. No refund, however, shall be made
to any person on account of a decrease in the size of tap.
E. Sewer utility investment fees and tap charges shall be reviewed
annually by the Director and recommendations made to the City
Council for any adjustment.
§ 112-134. Industrial Cost Recovery Charges
A. Users in Categories F and equivalent G shall pay an additional
annual charge to cover their proportional share of construction
costs for new sewage treatment facilities as required by federal
law.
B. Exempted from payment of the Industrial Cost Recovery Charge shall
1 be users in the above named categories if they discharge wastes
only from sanitary conveniences or are commercial establishments
which discharge only a type of waste normally discharged by private
residences.
C. The amount recovered from each industry shall be based upon the
following formula:
C - Qq+Bb+SE
195
1
1
Where:
C - Industrial capital recovery charge
Q - Capital cost for treatment of a unit of flow
B - Capital cost for treatment of a unit of BOD
S - Capital cost for treatment of a unit of SS
q - Quantity of flow from an industrial user
b - Quantity of BOD from an industrial user
s - Quantity of SS from an industrial user
The capital costa to be used in the above equation shall be as
follows:
Capital cost for treatment of a unit of flow (Q) - $281.02/
1000 gallons/day
Capital cost for treatment of a unit of BOD - $59.70/lb/day
Capital cost for treatment of a unit of SS - $37.06/lb/day
D. The industrial cost recovery period shall be 20 years.
E. The cost recovery charge shall be divided by the recovery period
to determine the annual charge. This annual charge shall be
prorated over the monthly billing of the industry.
F. All industries required to pay an industrial cost recovery charge
shall be required to monitor their flow in accordance with the
provisions of this ordinance. Quantities of flow, BOD, and
suspended solids used in computing the cost recovery charge
shall be determined from the data and reports obtained from
such monitoring.
G. The cost recovery charge shall not be changed except where
there is a significant change in the characteristics of the
contribution of the industrial user or when there is an increase
in the capital investment in the sewage treatment facilities.
H. Because the City sewage treatment plants are interconnected by
a 42 inch tie line, the treatment facilities shall be considered
as one system and industrial cost recovery shall be charged to
all eligible customers regardless of which plant they discharge
to.
I. The City shall recover upon only the federal share of the capital
costs as required by the industrial cost recovery federal guidelines.
H
J. The City shall retain 50 percent of the amount recovered from
industrial users which is allocable to the federal grant received '
by the City. The remainder of the amount allocable to the federal
grant shall be returned to the U.S. Treasury together with any
interest earned thereon on an annual basis in accordance with
40 CFR 35.9282 (a).
R. A minimum of 80 percent of the amount retained by the City, together
with interest earned thereon, shall be used soley for the eligible
costs for the expansion or reconstruction of treatment works in
accordance with 40 CFR 35.9282 (b).
L. Pending use of the retained funds for reconstruction or expansion,
the City shall invest the funds in (1) obligations of the U.S.
Government; (2) obligations guaranteed as to principal and interest
by the U.S. Government or any agency thereof; or (3) shall deposit
such funds in accounts fully collateralized by obligations of the
U.S. Government or by obligations fully guaranteed as to principal
and interest by the U.S. Government or any agency thereof.
M. The City shall comply with all federal regulations and guidelines
in administering and collecting all industrial cost recovery
charges.
N. Users subject to Industrial Cost Recovery charges may appeal to the
City Water Board decisions of the Director regarding the assessment '
of such charges and/or administration of the Industrial Cost Recovery
System. Such appeal shall be subject to policies and procedures
established by the Water Board. The decision of the Water Board
shall be final.
§ 112—ft5. Billing and Payment of Charges
A. All charges for sewer service provided for in this ordinance
shall be due and payable at the Utilities Office and become
delinquent thirty (30) days after the date of the bill.
B. Billing for sewer services and any other notices relating to
the sewer utility shall be effective upon mailing said billing
or notice to the last known address of the sewer user, as shown
on the records of the City sewer utility.
C. The sewer service charges provided for in this ordinance shall
be billed and paid in full with the water bill, and the City
shall not accept payment of the water bill unless the charges
for sewer services are included therewith. No partial payments
shall be accpeted.
197
1
D, If sewer rates are changed or users institute or terminate service
' other than on established billing dates, the bill shall not be
prorated. The applicable minimum charge for a month shall be the
minimum charge for any portion of a month.
E. Once the sewer service is connected to the building or premises
to be served, it shall be presumed to be on until the water service
is turned off.
F. No person shall be permitted to use water from the water utility
if the sewer charges provided for in this ordinance have not been
paid.
C. If any user fails to pay the charges for sewer service when due,
or fails to comply with the rules and regulations of the City
regarding the sewer utility or uses his service for purposes
not authorized, the City may discontinue or disconnect the sewer
service until the sewer user has paid the required charges or
is in compliance with said rules and regulations. Any user so
disconnected shall be liable for all expenses incurred by the
City in the disconnection and reconnection of the sewer service.
H. All sewer charges shall be a lien upon the property to which
sewers are connected from the date said charges become due
until said charges are paid. The owner of every building,
' premises, lot or house shall be liable for all sewer charges
for uses on his premises, which lien or liability may be enforced
by the City by action at law or suit to enforce the lien. In
case the tenant in possession of any premises or buildings shall
pay the sewer charges, it shall relieve the landowner from such
obligations and lien, but the City shall not be required to look
to any person whomsoever other than the owner for the payment of
sewer charges. No change of ownership or occupation shall affect
the application of this section, and the failure of any owner
to learn that he purchased property against which a lien for
sewer service exists shall in no wav affect his liability for
such payment in full. The amount due and in default shall, in
addition to said right of enforcement by disconnection of service,
become a lien on the property and premises so served to the amount
of sewer charges and other service charges due from the date the
same accrued and became due and payable, and said delinquent
payments shall be enforced by assessment upon the property and
premises so served and certification thereof to the County Treasurer
for collection under and in pursuance of the authority and procedure
as provided for in this Code.
198
Section 2. Each section of this ordinance is an independent section,
and the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
valicity or constitutionality of any other section or part thereof.
Section 3. This ordinance shall become effective ten (10) days
after its final passage, except that the rates established by amended
Sections 112-81, 112-82, and 112-84 enacted by Section 1 of this
ordinance shall not go into effect until October 1, 1976. Until such
rates go into effect, the rates established by Article II of Chapter 112
of the Code of the City of Fort Collins before the adoption of this
ordinance shall continue to apply.
Introduced, considered favorably on first reading, and ordered
published this 17th day or March, A.D. 1976, and to be presented for
final passage on the 6th day of April, A,D. 1976, to become effective
as stated in Section 3 above.
ATTEST:
1GIJA �
City Clerk
Passed and adopted on final reading this 6th day of April, A.D.
1976.
tii*M*WM
City Clerk
First Reading:
Second Reading:
Dates Published
Attest:
f.._. V���:.._.
March 17, 1976 (Vote: Yeas: 7, Nays: 0)
April 6, 1976 (Vote: Yeas: 7, Nays: 0)
March 21, 1976 and April 11, 1976
City Clerk
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Ordinance Adopted on Second Reading Providing for
the Occupation Tax For Extended Hours Beer and
Wine. Licenses
Councilwoman Reeves made a motion, seconded by Councilman Bowling to adopt
Ordinance No. 26, 1976 on second reading. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: Councilman Russell.
ORDPVANCE NO. 26 1976
BEING AN ORDINANCE AMENDING —SECTION 33-5 OF THE CODE
OF THE CITY OF FORT COLLINS RELATING TO LICENSE TAX
ASSESSED ON ALCOHOLIC BEVERAGES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Section 33-5.B.(5) 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:
"Extended hours hotel and restaurant license, the sum
of One Hundred Fifty Dollars ($150.00)."
and by substituting therefor the following words and figures:
"Extended hours hotel and restaurant license, and extended
hours beer and wine license, the sum of One Hundred Fifty
Dollars ($150.00)."
Introduced, considered favorably on first reading, and
ordered published this 17th day of March , A.D. 1976, and
to be presented for fin —al assage on time 6th
A.D. 1976. day of Aprij
ATTEST:
200
1 I /1 _1 fflno
Passed and adopted on final reading this 6th day of
April A.D. 1976. %
ATTEST:
Aayor g"!%
city Clerk
First Reading: March 17, 1976 (Vote: Yeas: 6, Nays: 1)
Second Reading: April 6, 1976 (Vote: Yeas: 6, Nays: 1)
Dates Published: March 21, 1976 and April 11, 1976
Attest:
A�
ity Clerk
Ordinance Adopted on First Reading Vacating a I
Utility Easement in the Brown Farm Subdivision,
First Filing
Following is the City Manager's memorandum on this item:
At its March 17, 1976, meeting, the City Council approved the vacation of a
utility easement in the Brown Farm Subdivision and directed the City Attorney
to prepare the necessary legal documents. Ordinance No. 28, 1976, vacates
the utility easement that is no longer needed.
Councilwoman Gray made a motion, seconded by Councilman Suinn to adopt
Ordinance No. 28, 1976 on first reading. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Resolution Adopted Regarding an Application for
Comprehensive Planning Assistance Funds (701 Funds)
Following is the City Manager's memorandum on this item:
The City of Fort Collins started to receive 701 funds directly in 1973. Our
first grant was for $48,775. In 1975, this was reduced to $30,680 and in 1976
to $20,000. Since that time, HUD has reversed its ruling in connection with
our direct funding for 701 money. The original direct funding was based on
the Colorado State Planning Department's projection that we were a city of over
201
50,000 in 1972. Subsequently, they ruled that the population projection should
revert back to the 1970 census. We, therefore, had to apply for our funding
directly to the COG. The Larimer-Weld Council of Governments does not expect
to receive a great deal of revenue from the 701 Comprehensive Planning Assis-
tance. This money has to be applied against the acquired area -wide planning
studies and the remaining distributed between the two counties and the other
governmental jurisdictions in the COG area. At best, we should anticipate
receiving several thousand dollars. COG indicates we have already assumed
that we would be paid one-third of the total cost relating to this project.
The enclosed resolution is a requirement of the state and the Larimer-Weld
Council of Governments.
Councilman Bowling made a motion, seconded by Councilwoman Reeves to adopt
the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves,
Russell, Suinn and Wilkinson. Nays: None.
RESOLUTION 76-22
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXPRESSING THE COMMITMENT OF THE CITY TO
PAY A SHARE 0'F THE COST OF CERTAIN ACTIVITIES
IN CONNECTION WITH AN APPLICATION FOR
COMPREHENSIVE PLANNING ASSISTANCE FUNDS
' WHEREAS, the Citv of Fort Collins has made application to
the Larimer-Weld Regional Council of Governments for compre-
hensive planning assistance funds (701 Funds) for citizen
participation and land use planning; and
WHEREAS, the Larimer-Weld Regional Council of Governments
requires that one-third of the cost of such activities.be pro-
vided by the applicant, either in cash or in services in kind;
and
1
WHEREAS, the City of Fort Collins is able to provide such
local share as specified in detail on the attached forms.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the City of Fort Collins hereby affirms
that it will provide ,one-third of the total cost related to
citizen participation in the comprehensive plan and land use
planning for the City of Fort Collins, as specified in the
attached forms and as required by the Larimer-Weld Regional
Council of Governments.
202
Passed and adopted at a regular meeting of the City Council
held this 6th day of April A.D. 1976.
ATTEST:
ty er
Facility Use Policy and Rental Fee for Swimming Pool Approved
Councilwoman Gray made a motion, seconded by Councilman Russell to approve
the Facility Use Policy and Rental Fee for the Swimming Pool. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays:
None.
Expenses to Outside Agency
1. Personnel plus 15%
2. Utilities and chemicals plus 150 '
3. 25% of the net receipts from any commercial sponsored event
4. Recovery guarantee of lost revenue - (750)
5. A $200 damage deposit.
Ball Field Usage Fees Approved
Councilwoman Gray made a motion, seconded by Councilman Bowling to adopt the
policy. Yeas: Councilmembers Bloom, Bowling, Gray, -'Reeves, Russell, Suinn
and Wilkinson. Nays: None.
I. Lighting
A. Cost of lights per hour
1. $8.31 high
2. $6.21 low
B. Personnel
1. $2.50/hour
C. $19.12 our cost at higher figure - for a maximum 2 hour usage.
203
III. Proposal for 1976
A. $20.00 for lights - 2 hour maximum
B. $10.00 per field preparation
Building Use Policies for Various Recreation Centers
Approved
Councilman Bowling made a motion, seconded by Councilman Russell to approve
the policy. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell,
Suinn and Wilkinson. Nays: None.
FORT COLLINS PARKS AND RECREATION DEPARTNENT
BUILDING USE POLICY
I. Philosophy
The primary purpose of the Recreation Centers are to provide the residents
of Fort Collins with a variety of programs to enrich their lives with suitable
outlets for self expression.
The Recreation Center shall:
A. Provide varied programs during leisure hours.
B. Provide skilled professional leadership.
C. Provide community recreations with other agencies.
D. Provide recreation for all age levels, regardless of race, sex, or
physical condition..
II. Priority of Use
A. Programs and activities initiated or sponsored by the Fort Collins
Parks and Recreation Department shall have first priority.
B. All other groups will be allowed usage on a first come, first serve
basis, regardless of interest.
III. Procedures for Obtaining Building Use
A. All persons or organizations desiring use of a room in the centers
must make application on a designated Building Use Form which can
be attained at the Parks and Recreation office, 145 E. Mountain.
B. Reservations shall be made no earlier than a month in advance and
no later than two weeks in advance of the desired date(s). The
contract must be signed no later than two weeks in advance of the
desired date(s). Requests submitted later are subject to availability
of room(s). 204
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C. Rooms may only be reserved for up to 3 hours a meeting unless
otherwise approved by the Recreation Supervisor.
D. Cancellations must be made two (2) working days in advance of
the use date or forfeit the fee. Damage deposit will be
returned. (Working days include Monday thru Friday, 8:00 A.M.
to 4:30 P.M.)
Areas Available for Use
A. Fort Collins Community Center
1. Senior Citizen Room with Kitchen Area
2. Game Room (No Food or Drink Allowed in this area)
3. Multi -Purpose Room
4. Class Rooms
5. Conference Room H2
6. Other - specified by Recreation Director only
B. City Park Center
1. Multi -Purpose Area/Kitchen
2. Guards Room
C. Community House
1. Activity Room/Kitchen '
D. School Building Facilities
Scheduling will be done through Poudre R-1 Business Services,
482-7420.
Building Use Regulations
A. Groups using the building are responsible for clean-up when they
are through or will be charged accordingly. (Cost will be taken
out of damage deposit to cover the clean-up.)
B. Groups will be charged for any damage incurred during their use
of an area.
C. Groups must confine their activities to the designated area.
The signee of the use contract is responsible for the group.
D. Smoking is permitted ONLY in the smoking lounge.
E. No keys will be given out to any groups. A Parks and Recreation
employee will open and close all facilities.
205
VI. Equipment Use Regulations
A. All building users will furnish their own equipment and materials,
unless specifically designated at time of contract signing.
B. Equipment that is not turned in or that is turned in damaged will
be charged to the person who checked it out.
C. All equipment must be checked out and in through the building
supervisor on duty.
D. No apparatus of furniture and equipment is to be moved into the
facility without approval in advance. These items must be removed
promptly after use.
VII. Payment of Fees - Refunds - Cancellations
A. All fees and damage deposits shall be payable at the time of
signing the contract. Checks are made payable to: Parks and
Recreation 'Department.
B. Under no circumstances will a group be allowed usage of a room
or rooms if the fee has not been received by the Recreation
Department.
' C. All fees and damage deposits will be refunded to the group if
notice of cancellation is received by the Recreation Department
two (2) working days in advance of the usage date.
D. If cancellation notice is not given by the group at least two
working days in advance, the use fee will be retained by the
Recreation Department. Any damage deposit fee shall be returned
to the group.
Fees:
Community - Any non-profit organization furthering social, intellectual,
or recreational interests shall be considered a community
group.
Commercial - Profit making organization - who collects monies to be
used for their own behalf.
1. Community Rates Fee Damage Deposit
A. Community Center
1. Senior Citizen Room $10.00 per use $50.00
with Kitchen $ 5.00 additional
2. Game Room $15.00 per use $50.00
No Food or Drink
206
Community Rates (cont'd.)
3. Multi -Purpose Room
4. Class Room
S. Conference Room k2
B. City Park Center
1. Multi-Purpose/Kitchen
2. Guards Room
C. Pottery Studio
1. Activity Room/Kitchen
2. Commercial Rates
A. Community Center
1. Senior Citizen Room
with kitchen
2. Game Room
No Food or Drink
3. Multi -Purpose Room
4. Class Rooms
5. Conference Room H2
B. City Park Center
1. Multi-Purpose/Kitchen
2. Guards Room
C. PotteryiStudio
1. Activity Room/Kitchen
VIII. Additional Costs
Fee
$10.00 per use
$ 5.00 per use
$ 5.00 per use
$10.00 per hour*
$ 5.00 per use*
$10.00 per use*
$20.00 per use
$10.00 additional
$30.00 per use
$20.00 per use
$10.00 per use
$10.00 per use
$20.00 per hour*
$10.00 per use*
$20.00 per use*
Damage Deposit
$50.00
$50.00
$100.00
$100.00
$100.00
$100.00
All profit -making commercial organizations using the facilities for any
type of money making activities must also pay 15% charge on all monies
taken in.
*Parks and Recreation Department also recommends the expense for supervising
personnel be included since these facilities do not have personnel assigned daily
207
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Councilwoman Reeves inquired of the fees to be charged for kitchen facilities
by the Golf Board. Parks and Recreation Director 11. R. Phillips stated that
these fees should have been included. City Manager Brunton stated this item
will be on the agenda on the April 20, 1976 Council meetin;..
Edora Park Tennis Court Reservation System Approved
As Amended
City Manager Brunton stated there was a proposed amendment to this item:
"At the end of item 6, the change was to add --the reservation is for a specific
time period. Therefore, if any of the ten minutes grace period is used, the
reserved play period will still end at the regularly scheduled half hour or
one hour period." Further, City Manager Brunton stated there possibly should
be an addition, that being, "during the timethatwe are using the reservation
system, there will be no play unless the fee is paid."
Councilmembers discussed their feelings regarding the reservation system.
Mr. Jake Jacobs, President of the Fort Collins Tennis Association, stated the
Board of the association would prefer to see a control system to be run on an
hourly basis and that a nominal rate per individual. be charged at all hours.
Councilman Suinn made a motion. seconded by Councilman Russell that the fee
schedule be $2.50 per court for 90 minutes. Yeas: Councilmembers Bloom,
Reeves. Russell and Suinn. Nays: Councilmembers Bowling, Gray and Wilkinson.
' Councilman Suinn made a motion, seconded by Councilman Russell that the rate
only be charged for the reservation system. Yeas: Councilmembers Bloom,
Russell and Suinn. Nays: Councilmembers Bowling. Gray, Reeves and Wilkinson.
Councilman Bowling made a motion,seconded by Councilwoman Gray to approve the
Reservation System recommended by the Administration with the amendment of
$2.50 per court for 90 minutes. Yeas: Councilmembers Bowling, Gray, Reeves,
Suitor and Wilkinson. Nays: Councilmembers Bloom and Russell.
Councilman Suitor requestea a report be made at the end of the season of the
revenue=..
FORT COLLINS PARKS AND RECREATION DEPAR'ITiL-1I'
F.dora Park Tennis Court- Reservation System
1. The court attendant will be on duty and courts may be reserved during
the following hours:
Saturday, May 1 - Monday. September 6
20S
Monday - Friday - 3 p.m. - 9:00 p.m.
Saturday - 9:00 a.m. - 9:00 p.m.
Sunday - Noon - 9:00 p.m.
Monday - May 31 (Memorial Day) 9:00 a.m. - 9:00 p.m.
Monday, September 6 (Labor Day) 9:00 a.m. - 9:00 p.m.
Hours are subject to change without notice depending on play.
2. Cost is $2.50 Per court for 90 minutes. There is a 1.5 hour maximum per
player any one day. The fee is the same for singles or doubles.
3. Reservations may be made beginning at 8:00 a.m. for that day or the
following day's play with the following exceptions: 1) reservations for
Saturday, Sunday, and Monday may be made on the Friday preceding;
2) reservations for Tuesdav, June 1 (following the Memorial Day holiday)
will be taken on the Friday preceding.
4. Reservations will be taken at the Parks and Recreation office,
14S F. Mountain, or by phone (484-4220 exL. 245 or 275) until 3:00 p.m.
on Monday -Friday. Reservations will also be taken by the attendant at
the courts on a first -come, first -serve basis as openings occur. The
fee must be paid at the Parks and Recreation office or at the courts
prior to playing. No free play during times established for reservations.
5. A ten-minute grace period will be given. Individuals not showing within
ten minutes of their reserved times will forfeit their right to the court,
and the court will be sold to anvone waitinw. The reservation is for a '
specific time period. Therefore, if any of the ten-minute grace period
is used, the reserved play period will still end at the regularly
scheduled 1/2 hour or 1 hour perio-.
6. No rain checks will be made extent in the case of inclement weather, in
which case a rain check will be granted. If more than one half (1/2)
of the playing time has passed, no rain checks will be granted.
7. Cancellations must be made one hour prior to scheduled time to avoid
paying the fee. If this is not done and the scheduled court is not sold
to someone else, the person cancelling late must pay the fee before he
can reserve again.
8. Individuals reserving courts must check in with the court attendant upon
arrival to find out their court assignments.
9. Parks and Recreation sponsored classes and events may be scheduled during
times normally reserved for play, and will have Prioritv.
209
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Request of the Fort Collins Housing Authority to
Exempt Them From Certain Water and Sewer Charges
Approved
Following is the City Manager's memorandum on this item:
For some time we have discussed the status of a minimum water and sewer
charge to the Housing Authority. During construction in December,,1975,
we received a memorandum from them on this subject. Subsequently, we received
a letter from James F. Wagonlander, Attorney Advisor for the Department of
Housing and Urban Development, stating that he also believes that the minimum
water and sewer charge during construction should be considered as an additional
tap cost and therefore, legitimate expense of the contractor.
During subsequent review of the various contracts and agreements, the situation
became more complicated. In fact, Mr. Wagonlander apparently now feels
this charge should be paid, but the fee abated by the City. Enclosed is some
background material on the subject.
For -your information, John McGraw has prepared some summaries of the financial
data on the project. At a special meeting on April 10, 1975, the City Council
authorized a loan to the Housing Authority in the amount of $2S,000 until the
Sales Tax refund becomes available. This loan is now being made. The City
also agreed to pay a sum not to exceed $21,623 to take care of any deficits in
the project. We still hope that the Colorado State Housing Authority will
provide for the grant of approximately $20,000 to take care of this amount.
The City has received some transfers to the General Fund to cover part of the
administrative and management costs provided to the Housing Authority.
Recommendation: 1'he Administration recommends that the City Council abate
the minimum water and sewer service charge from the time the taps were taken
out for the Housing Authority's project until April 1, 1976. It is estimated
the charge is approximately $7,000.
City Manager Brunton clarified that if the fee were to come in, it would go
into the Water and Sewer Utility Fund.
Councilman Bowling made a motion, seconded by Councilman Bloom to adopt the
recommendation of the administration. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves to take the
funds from Revenue Sharing and put them in the Water and Sewer Fund. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves and Russell. Nays: Suinn and
Wilkinson.
210
Sole Source Justification for Purchase of Trenching
Machine Approved
Following is the City Manager's memorandum on this item:
The Purchasing Ordinance requires the City Council to approve any sole source
purchase over $10,000. The City uses trenching machines extensively in the
Utility and Park operations. We purchased this same machine in 1974 for the
Park Department, and it has proven to be an excellent piece of equipment.
There are only two manufacturers who make the size machine we need for
municipal applications. Attached are the memos explaining our request for
a sole source purchase. Funds have been budgeted for this equipment.
Councilwoman Gray made a motion, seconded by Councilman Suinn to approve
the sole source purchase of equipment from Vermeer Sales of Colorado.
Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and
Wilkinson. Nays: None.
Resolution Adopted Approving an Agreement with
the Union Pacific Railroad
Following is the City Manager's memorandum on this item:
This resolution provides for an extension rider for an easement for a power
line on and across the right of way of Union Pacific Railroad that was initiated
on March 19, 1946. The present extension rider expired on March 18, 1976.
This new extension rider extends the period to and including March 18, 1986. '
Councilwoman Reeves made a motion, seconded by Councilman Bowling to adopt
the resolution and authorize the Mayor and Citv Clerk to execute the agree-
ment on behalf of the City. Yeas: Councilmembers Bloom, Bowling, Gray,
Reeves, Russell, Suinn and Wilkinson. Nays: None.
RESOLUTION 76-23
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AGREEMENT WITH THE UNION
PACIFIC RAILROAD COMPANY
WHEREAS, Union Pacific Railroad Company has tendered to
the City of Fort Collins, Colorado, an agreement extending to
and including March 18, 1996, the term of contract dated April
12, 1946, covering a partly overhead and underground power wire
line on and across the right of way and track of the Railroad
Company at Fort Collins, Colorado, such agreement being identified
in the records of the Railroad Company as its C.D. No. 30657-F;
and
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WHEREAS, the Council of the City of Fort Collins has said
proposed agreement before it and has given it careful review
and consideration; and
WHEREAS, it is considered that the best interests of said
City of Fort Collins, Colorado, will be subserved by the accep-
tance of said agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the terms of the agreement submitted by
Union Pacific Railroad Company as aforesaid be, and the same
hereby are, accepted in behalf of said City; and
BE IT FURTHER RESOLVED that the Mayor of said City is
herebv authorized, empowered and directed to execute said
agreement on behalf of said City, and that the City Clerk of
said City is hereby authorized and directed to attest said
agreement and to attach to each duplicate original of said
agreement a certified copy of this resolution.
Passed and adopted at a
Council held this 6th day
ATTEST:
City Clerk
regular meeting of the City
of April A.D. 1976.
ayor
Various Easements and Dedication Deeds Accepted
Following is the City Manager's memorandum on this item:
Listed below are sixteen easements in connector ;with the Spring Creek
interceptor sewer line. The interceptor sewer will run parallel to the
existing sewer that is in a 20-foot right-of-way. However, an additional
ten feet is needed for this second sewer line. The cost of this sewer is
$1.75 per lineal foot.
1. For the purchase of right-of-way across the property of Clide Thompson
and Viola Thompson.
Consideration - $154.00
212
2. For the purchase of right-of-way across the property of Jean C. Locke.
Consideration - $302.75
3. For the purchase of right-of-way across the property of Caroline H.
Ostertag.
Consideration - $176.75
4. For the purchase of right-of-way across the property of the First
Baptist Church.
Consideration - $462.00
S. For the purchase of right-of-way across the property of the First
Baptist Church.
Consideration - $119.00
6. For the purchase of right-of-way across the property of the First
Baptist Church.
Consideration - $142.63
7. For the purchase of right-of-way across the property of Augusta McCrummen.
Consideration - $302.75 '
8. For the purchase of right-of-way across the property of Ray E.
and P.A. Griffin.
Consideration - $154.00
9. For the purchase of right-of-way across the property of Carl H. and
P.M. Sprick.
Consideration - $462.00
10. For the purchase of right-of-way across the property of Ben A. and
M. Wiedeman.
Consideration - $358.75
11. For the purchase of right-of-way across the property of Lavern J. Olson
and Dorothy M. Olson.
Consideration - $462.00
12. For the purchase of right-of-way across the property of Nellie A.
Talkington.
Consideration - $154.00
213
13. For the purchase of right-of-way across the property, of Duane K.
Johnson and Esther M. Johnson.
Consideration - $407.31
14. For the purchase of right -of -why across the property of Robert C.
Fugate and Helen L. Fugate.
Consideration - $255.50
15. For the purchase of right-of-way across the property of Hollis
Scott and Leah M. Scott.
Consideration - $140.00
16. For the purchase of right-of-way across the property of International
Investments.
Consideration - $1.00
B. The following two purchases of right-of-way complete the acquisition in
connection with the LeMay Avenue section of Special Assessment District
No. 69.
1. For the purchase of right-of-way across the property of Nelson E. and
Barbara G. Bachus.
Consideration - $1,500.00
2. For the purchase of right-of-way across the property of Paul Harder.
Consideration - $3,000.00
C. The easement from James K. Wise, and Stanley Henson, Jr. and Merle G.
Otteman is for the relocation of the Sherwood Lateral on LeMay. This is
needed in conjunction with the construction of the street improvements on
LeMay Avenue between Dartmouth and Drake that is being installed by private
agreement. Both of the three aforementioned owners and Woodward Governor
are donating the additional right-of-way needed on the west side of LeMay
Avenue for street purposes.
1. For easement adjacent LeMay Avenue between Dartmouth and Drake, for
Sherwood Lateral relocation.
Consideration - $1,812.50
D. This dedication deed is for a utility easement on Park and West Streets
north of Sycamore and south of Arthur Ditch, by the Fort Collins Housing
Authority. Consideration - none.
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Recommendation: The Administration recommends that the Council approve the
a ove easement agreements and dedication deeds and authorize the Mayor and City
Clerk to sign them on behalf of the City.
Councilwoman Reeves made a motion, seconded by Councilman Russell to accept
the various easements and dedication deeds and authorize the Mayor and City
Clerk to execute the deeds on behalf of the City.
Citizen Participation
A. City Clerk, Verna Lewis read the proclamation proclaiming the week of
April 19, 1976 thru April 25, 1976 as FORT COLLINS AMERICAN FIELD SERVICE
WEEP.
B. City Clerk, Verna Lewis read the proclamation proclaiming the month of
April as CANCER CONTROL MONTH.
C. Presentation of Microfilming Certificates of Achievement, Key Operator
Training completed by Leslie Mooney, Molly Jacobsen and LaVonne Dowell
of the City Clerk's Office.
Mayor Wilkinson presented certificates of ahievement to Leslie Mooney,
Molly Jacobsen and LaVonne Dowell.
D. Presentation to Officer David Tomsick for driving his patrol vehicle I
50,000 miles without an accident.
Chief Smith stated Officer Tomsick was unable to attend the meeting to
receive his certificate and perhaps Council would not want these in the
future.
Mayor Wilkinson stated he felt these were very meaningful and requested
the presentations to be continued.
Chief Smith read the Official Commendation:
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FORT COLLINS POLICE DEPARTMENT
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FROM:
OFFICIAL COMMENDATION
Sergeant Jerrold J. Haals
Ralph M. Smith, Chief of Police
Date April 6, 1976
I wish to commend ffif SAX Sergeant Jerrold J. Haals ,
who is presently assigned to the Patrol Division
for the following:
Outstanding Police Action
Unusual Bravery
Citizen Praise or Compliment
Act Beyond the Call of Duty
Unusual Attention to Duty
Other Meritorious Act
WHEREAS it is realized that the great bulk of police work is done routinely by good police-
men, let it be known that the above -named officer displayed initiative and alertness decidedly in
excess of the norm in this particular instance.
Fact Situation: On the 18th day of March 1976 at approximately 12:00 midnight,
while on patrol, you observed a man ram his fist through a plate glass window at
a downtown establishment. The man's arm immediately gushed blood as an arter
had been severed. You immediately called for an ambulance and after parking
your patrol vehicle rusled to the mans assistance. Through your knowledge of
first aid you were able to p_ply pressure which I am sure saved the man's life.
This commendation is being given to you for your alertness,
your quirk attention to duty, and your skillful application of first aid.
Conoratulations on a .lob well done.
Chief of Police
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City Manager's Report
City Manager Brunton made the following announcements.
1. The Administration is still waiting for an opinion with regards to the
financing on the downtown project.
2. Arbor Week will be April 19-23. Arborist Carl Jorgenson has prepared a
20 minute presentation.
3. The City Manger has received a report from Chief Building Inspector,
Bill Waldo --regarding the new rehabilitation code.
4. Seventeen copies of the Small Reclamation Project application have gone
into Denver for Joe Wright Reservoir.
5. The Planning2Department and the combined committee of Planning and Zoning
Board and DT are working on the comprehensive plan. One of the sub-
committees is working on a citizen questionnaire.
6. The Information Clerk has received 7,445 inquiries in a three month period.
7. A commendation for the Police Department; a letter received by Chief Smith
from the Assistant Superintendent of Police of Pittsburgh complimenting
the outstanding assistance of Police Officers.
8. A letter received from Chief Teegarden of CSU for the work with Division
Chief Seib and Detective Ken Murray for polygraph assistance.
9. The Administration has again written to Chief Engineer Haase of the
Department of Highways trying to ascertain the funding for the relocation
of Highway 14 near Joe Wright.
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Letters of appreciation have been received for the installation of
traffic signals at the corner of Jefferson and Linden Street.
A request has been submitted to proceed with the work on the Lincoln Street
Bridge.
The tour of the Sewage Treatment Plant has been postponed. It will be
rescheduled to April 20th.
Resolution Adopted Approving Agreement Assigning
Right-of-way Agreement with Union Pacific Railroad
Company from North College Avenue Sanitation District
to the City of Fort Collins
Following is the City Manager's memorandum on this item:
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The City recently took over the North College Avenue Sanitation District
in its entirety. This District had a right-of-way from the Union Pacific
Railroad Company for one of its sewer lines. This resolution will acquire
the easement of this right-of-way from North College to the City.
RESOLUTION 76-24
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AGREEMENT ASSIGNING A RIGHT OF
WAY AGREEMENT FROM NORTH COLLEGE AVENUE
SANITATION DISTRICT TO THE CITY OF FORT COLLINS
WHEREAS, Union Pacific Railroad Company has tendered to
the City of Fort Collins, Colorado, an agreement whereby the
North College Avenue Sanitation District, a corporation of the
State of Colorado, assigns to the City of Fort Collins, Colorado,
with the consent of the Railroad Company, all of its right,
title and interest in and to contract dated August 13, 1956,
between Union Pacific Railroad Company and North College Avenue
Sanitation District, covering 10-inch sanitary sewer pipe line
on, along and across the right of way and under the track,
Fort Collins, Colorado; such agreement being identified in
the records of the Railroad Company as its C.D. No. 42362-E;
and
WHEREAS, it is considered that the best interests of said
City of Fort Collins, Colorado, will be subserved by the acceptance
of said agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the terms of the agreement submitted by
Union Pacific Railroad Company as aforesaid be, and the same
are hereby, accepted in behalf of said City; and
BE IT FURTHER RESOLVED that the Mayor of said City is hereby
authorized, empowered and directed to execute said agreement on
behalf of said City, and that the City Clerk of said City is
hereby authorized and directed to attest said agreement and to
attach to each triplicate original of said agreement a certified
copy of this resolution.
Passed and adopted at a regular meeting of the City
Council held this 6th day of April, A.D. 1976.
ATTEST:
�P�C.t.vt�o
City Clerk
218
Resolution Adopted Approving an Extension of
Union Pacific Right -of -Way Agreement
Following is the City manager's memorandum on this item:
The right-of-way with the North College Avenue Sanitation District which is
assigned to the City with the preceding item on the agenda also needs to be
extended. This resolution would authorize an extension rider extending this
agreement to June 11, 1976.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves to adopt the
resolution and authorize the Mayor and City Clerk to execute the agreement.
Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and
Wilkinson. Nays: None.
RESOLUTION 76-25
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AGREEMENT WITH THE UNION
PACIFIC RAILROAD COMPANY
WHEREAS, Union Pacific Railroad Company has tendered to
the City of Fort Collins, Colorado, an agreement extending to
and including June 11, 1986, the term of contract dated August
13, 1956, with North College Avenue Sanitation District (City
of Fort Collins, Assignee), covering 10-inch sanitary sewer
pipe line on, along and across the right of way and under the
track, Fort Collins, Colorado, such agreement being identified
in the records of the Railroad Company as its C.D. No. 42362-F;
and
WHEREAS, the Council of the City of Fort Collins, Colorado,
has said proposed agreement before it and has given it careful
review and consideration; and
WHEREAS, it is considered
City of Fort Collins, Colorado,
acceptance of said agreement.
that the best interests of said
will be subserved by the
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the terms of the agreement submitted by
Union Pacific Railroad Company as aforesaid be, and the same
are hereby, accented in behalf of said City; and
BE IT FURTHER RESOLVED that the Mavor of said City is hereby
authorized, empowered and directed to execute said agreement on
behalf of said City, and that the City Clerk of said City is
hereby authorized and directed to attest said agreement and to
attach to each duplicate original of said agreement a certified
copy of this resolution.
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Passed and adopted at a regular meeting of the City Council
held this 6th day of April, A.D. 1976.
ATTEST:
City Clerk
wo-PIRIMEJ,
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Bruce Miller's Cedarwood Subdivision, Fourth Filing Approved
Following is the City Manager's memorandum on this item:
Bruce Miller's Cedarwood Subdivision is located north of Prospect on the west
side of the city. The Fourth Filing consisting of fifteen lots zoned R-L,
Low Density Residential, is located north of Lake Street and west of Cypress
Streei:.
This final Filing was reviewed and approved
and Zoning Board meeting. The extension of
property was discussed and agreed to in the
Filing. The City of Fort 'Collins agreed to
at the owner's and developer's expense with
is being taken care of by our City Attorney.
at the February 2, 1976, Planning
Lake Street off of the developer's
Utility Agreement with the Second
acquire the land by eminent domain
the Third Filing. This acquisition
Councilwoman Reeves made a motion, seconded by Councilman Russell to approve
the Bruce Miller's Cedarwood Subdivision, Fourth Filing. Yeas; Councilmembers
Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Ordinance Rezoning Property on the Corner of
Mulberry and Taft Hill Withdrai,m
This item had been tabled at the March 17, 1976 meeting.
Councilman Russell made a motion, seconded by Councilwoman Reeves to remove
this item from the table for consideration. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
City Attorney March stated the administration had received a letter from the
attorney representing the applicant requesting that they be permitted to with-
draw petition in that they anticipate submitting a request in a different form.
Councilwoman Gray made a motion, seconded by Councilman Bowling to allow the
applicants to withdraw their petition. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
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Ordinance Adopted on First Reading Relating
to Distribution of Handbills
This item had been tabled at the March 2, 1976 meeting.
Councilwoman Reeves made a motion, seconded by Councilman Bloom to remove
this item from the table for consideration. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Councilmembers discussed the fees and enforcement provision of the ordinance.
Councilman Suinn made a motion, seconded by Councilwoman Reeves to adopt
Ordinance No. 12, 1976 on first reading with a fee of $3.00. Yeas: Council -
members Bloom, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: Councilman
Bowling.
Ordinance Adopted on First Reading Amending Part
of the Electrical Code
This ordinance will repeal the requirement for an exterior main electrical
disconnect on commercial building. The Building Board of Appeals has recom-
mended the change to be made.
Councilwoman Gray made a motion, seconded by Councilman Bowling to adopt
Ordinance No. 29, 1976 on first reading. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Suinn and Wilkinson. Nays: None. (Russell out of room.) ,
Open Space Program
Councilman Suinn requested the foothills property be discussed first. Upon
concurrence by the Council, the Council then proceded to address the following:
Property Options
A. Purchase entire 331 acres.
Pine Ridge B. Purchase only the slope lands, 160 acres.
C. Do not purchase any.
A. Purchase entire 170 acres.
Maxwell B. Purchase only the slope lands, 92 acres.
C. Do not purchase any.
A. Purchase entire 291 acres.
Venture B. Purchase only the slope lands, 147 acres.
C. Do not purchase any.
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Director of Open Space and Special Projects, Eldon Holmes, stated the staff
has just found out by courthouse search, that the Venture property has again
been sold in the last three weeks. He has discussed the purchase with the
new owner who stated "no" to the sale, but did discuss the possibility of
a scenic easement for the slope lands.
Councilmembers reiterated their feelings on the open space program discussed
at the March 30, 1976 work session.
Mr. Andy Anderson, 1421 Skyline Drive, Mr. Burnell Held, 4769 Venturi Lane,
Mr. Frank Saracino, 2912 West Mulberry, spoke to previous DT recommendations
regarding the priorities for purchases of property for open space.
Mr. Saracino stated there was an existing easement between Sam Aranci's
property and the college that goes to the Foothills.
Barbara Krebs, representing the League of Women Voters, read a proposed
statement regarding the purchase of land for open space.
Mr. Bev Driver, 8020 South County Road 11, and Vice President of the Poudre
Valley Green Belt Association, stated the association does endorse the
purchase c?f the Pine Ridge and Maxwell properties. Preston Davis, Chairman
of the DT Steering Committee, referred to the recent report and recommendation
on the open space from the Environmental Task Force dated April 1, 1976.
Councilman Suinn made a motion, seconded by Councilman Bowling that the Pine
Ridge acreage (331 acres) be purchased by the City out of the Capital Improve-
ment Program Funds; subject to arriving at a negotiable price to be approved
by the .City Council. Yeas: Councilmembers Bowling, Gray, Reeves, Russell
and Suinn. Nays: Councilmembers Bloom and Wilkinson.
Councilman Bowling made a motion, seconded by Councilwoman Gray to proceed
to the purchase of the Maxwell property (170 acres) subject to the same
conditions. Yeas: Councilmembers Bowling, Gray, Reeves, and Suinn. Nays:
Councilmembers Bloom, Russell and Wilkinson.
Councilman Bowling made a motion, seconded by Councilwoman Gray that Council
express the interest of the Council in pursuing acquisitions of the Venture
lands of some sort and instructions to the administration to proceed to investi-
gate. Yeas: Councilmembers Bowling, Gray, Reeves and Suinn. Nays: Council -
members Bloom, Russell and Wilkinson.
City Manager Brunton stated the administration would come back with all three
properties as a package.
City Manager Brunton then requested confirmation of the following five parts.
1. That the City proceed as early as practical with the trails program. This
includes the acquisition of easements and the development of trails on the
Poudre River, Spring Creek, and the Foothills.
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2. The development costs for the above mentioned trails would be properly
chargeable against the Seven Year Capital Improvements Program under the
category "Open Space Land Acquisition."
3. The development capital costs for bike, hiking, and equestrian trails be
scheduled as we are financially able to accomplish the development consistent
with our case flow situation.
4. The first priority in trail easement acquisition and development would be
the Poudre River trail.
5. The scope of the trail easement and development would be limited to the
following:
Poudre River - From Taft Hill Road downstream to the CSU Nature Center
SPr—ink Creek - From the dam downstream to its confluence with the Poudre River.
Foothills - From Spring Creek north to the end of the Ridge near Claymore Lake.
Councilman Suinn again stated, "to me, the trail system comes after the
priority of the foothills." Councilwoman Reeves inquired who the main person
is for development of the trails. City Manager Brunton stated this would be
a joint effort with different responsibilities at different times. Council -
members Russell, Reeves and Gray expressed support for the trail,system.
Councilman Bowling supported Councilman Suinn's priority recommendation on the
foothills. Councilman Bloom reiterated his earlier statement, "my own personal
feeling is that the Poudre River and Spring Creek Trails are the most important
and I would place the priority there for several reasons. I think the avail-
ability to the entire community, and I like Earl's word of "people oriented'
and all of those things are one reason that make me question whether the
foothills really fit all of those qualifications."
Mr. Saracino stated what he felt was really needed was a bridle path in that
area to go up to Horsetooth, and again requested the administratirn investigate
the easement to Horsetooth.
Ms. Jamia Riehl, 1511 Lakeside Avenue, inquired the allocation of open space
development, the trail system development fund and further if the Council or
adminstration has ever determined a policy for the use of volunteer help in
developing the lands along the river. City Manager Brunton stated at the
stage where development is underway, volunteers would be welcome&
Councilman Bowling made a motion, seconded by Councilwoman Gray to accept
Plan 1 through S (above) as outlined by the administration. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays:
None.
Other Business
1. Mayor Russell stated there was a proposition to purchase property at
52S North Sherwood Street adjacent to Martinez Park. Following is the City
Manager's memorandum on the subject:
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Subject: The City purchase of the Hutton property adjacent to
Martinez Park
The City has been in negotiation for several months for the purchase of the
Hutton property at 525 North Sherwood Street. This is the last of three
properties badly needed by the City to round out Martinez Park. The Suniga
and Gallegos tracts were purchased by the City during late 1975. The Hutton
tract is urgently needed for parking space for the park.
In January, 1975, the property was appraised for us by Don Shannon at
$21,000. At that time it was appraised less some 2,500 square feet that was
shown as railroad ownership. This has now been straightened out by a deed
from the railroad to the Huttons for this 2,S00 square feet. The property
contains 16,500 square feet and has for improvements:
- modern 3 bedroom home
- fenced yard, shrubs, walks, etc.
- outbuildings, including cement boiler rooms,
garage
- metal storage shed
By reason of the additional property now added, appreciation in value that
has taken place since the appraisal, and the City's need for the property,
we have settled on a price of $27,500. This could be considered a very
favorable price to the City.
City Manager Brunton recommended the funds be from Parkland Funds. Councilman
Wilkinson inquired what use would be made of the improvements. City Manager
Brunton stated the house would probably be sold.
Councilwoman Reeves made a motion, seconded by Councilman Russell to approve
the purchase and authorize the administration to close it. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays:
None.
2. Councilman Bowling stated he felt Stearns -Roger has not fulfilled the
commitment given then by the Council regarding the auditorium project. He
then inquired into the legal question regarding the contract with Stearns -
Roger.
City Attorney March advised the Council that there were two things the Council
should look at, the contract itself and representations made to the Council
by the architect. Further, after extended discussion, City Attorney March
stated that if Council wished to resolve the problems within the context of the
current contract, then Council should schedule a work session with the archi-
tects. The other alternative would be to instruct the administration to meet
with the architects and set what steps can be taken regarding the contract.
City Manager Brunton listed the number of reports which indicated instructions
to the architects setting out 1200 seats.
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Preston Davis stated he felt this is a policy decision and thought the
Council is on line on the discussion that Council meet with the policy
making group of Stearns -Roger.
Councilman Bowling made a motion, seconded by Councilman Russell that a
meeting be arranged with the City Council, City Manager, City Attorney,
and the Executives and Architects of Stearns -Roger to discuss the situation.
Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and
Wilkinson. Nays: None.
3. Councilwoman Reeves stated she had read in the DT2 cover letter that
they were eager to meet with the Council to determine what to do on the
Capital Program. City Manager Brunton will schedule the time.
Councilwoman Reeves then requested the staff to come back with a proposal
or mechanism to work with Community groups who are interested in doing
volunteer projects for the City.
City Manager Brunton stated he would report back at the April 27, 1976
work session on this item.
Adjournment
Councilman Bloom made a motion, seconded by Councilman Suinn to adjourn. '
Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Shinn and
Wilkinson. Nays: None.
ATTEST:
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