HomeMy WebLinkAboutMINUTES-05/18/1976-RegularMay 13, 1976
COUNCIL OF CITY OF FORT COLLINS, COLORADO
Council - Manager Form of Government
Regular Meeting - 5:30 P.M.
A regular meeting of the Council of the City of Fort Collins
was held on Tuesday, May 18, 1976 at 5:30 P.M. in the Council
Chambers in the City of Fort Collins City Hall. Roll call
was answered by Councilmembers Bloom, Bowling, Gray, Reeves,
Russell, Suinn and Wilkinson.
Staff Members Present: Brunton, Kaplan, Bingman, Deibel,
Holmes, Krempel, Harding and Lewis.
Also: City Attorney Arthur E. March Jr.
Minutes of Regular Meeting of May 4, 1976
Approved as Published
Councilman Suinn made a motion, seconded by Councilwoman Gray
to approve the minutes of the regular meeting of May 4, 1976
' as published. Yeas: Councilmembers Bloom, Bowling, Gray,
Reeves, Russell, Suinn and Wilkinson. Nays: None.
Ordinance Adopted on Second Reading Vacating
an Alley in Block 52 of the City of Fort Collins
Councilwoman Reeves made a motion, seconded by Councilman Suinn
to adopt Ordinance No. 36, 1976 on second reading. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and
Wilkinson. Nays: None.
ORDINANCE NO. 36, 1976
BEING AN ORDINANCE VACATING AN ALLEY IN LOT 2,
BLOCK 52, IN THE CITY OF FORT COLLINS, COLORADO
WHEREAS, the owners of property adjoining the same have petitioned the
City of Fort Collins to vacate an alley in Lot 2, Block 52, in the Citv of
Fort Collins, Colorado; and
WHEREAS, said alley was conveyed and dedicated to the City by quit
claim deed recorded in Book 171 at Page 457 of the Larimer County records;
and
283
WHEREAS, said alley is not open to the public and no public purpose
will require the opening or use of this alley in the future; and
WHEREAS, it appears that the rights of the residents of the City will
in no way be prejudiced by the vacation of said alley_
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS,
that that certain alley over, and across the following described property,
to wit:
The North 15 feet of Lot 2, Block 52, in the City of Fort Collins,
Colorado;
be, and the same is, abolished, vacated and abated, provided that thereis hereby
reserved unto the City of Fort Collins an easement for the installation, rein-
stallation, maintenance,jervicing, removal and replacement of utility lines
and appurtenances over WiRfracross the strip of land previously occupied by
such alley.
Introduced, considered favorably on first reading, and ordered published
this 4th day of May , A.D. 1976, and to be presented for final
passage on the 18th day of May , A.D. 1976.
ATTEST:
( L s(/L.tA..O ^� t:4atstf
City Clerk
a
Mayor ✓
Passed and adopted on final reading this 18th day of
A.D. 1976.
ATTEST:
City Clerk
First Reading:
Second Reading:
Dates Published
Attest:
ty Cler
May 4, 1976
May 18, 1976
May 9, 1976
(Vote: Yeas
(Vote: Yeas
and May 23, 1976
284
6, Nays: 0)
7, Nays: 0)
1
1
Ordinance Adopted on First Reading
, 4 Amending the Traffic Code
Following is the City Manager's memorandum on this item:
"Ordinance No. 40, 1976, amends the basic speed laws in the
city to make them more enforceable. The enclosed ordinance
amends the Traffic Code doing away with the former system
which established a prima facie speed limit with a system
establishing a fixed speed limit. A prima facie system
allows individuals issued citations to contend that despite
the posted speed of 30 miles per hour a higher speed was
reasonable.
Besides taking out all reference to prima facie systems, this
ordinance adds and takes away some speed limits in the present
ordinance. The present ordinance only calls for a 25-mile
per hour speed limit in the business district and a 30-mile
per hour speed limit in the residential district. It goes
.without saving that the 20-mile per hour speed limit exists
in front of all schools.
The proposed ordinance provides speed limits in school zones,
alleys, on the CUS campus and the city in general. It deletes
the speed limit in business areas."
Councilman Suinn made a motion, seconded by Councilman Bloom
to adopt Ordinance No. 40, 1976 on first reading: Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves,Russell, Suinn
and. Wilkinson. `Nays: None.
Ordinance Adopted on First Reading
Relating to Loading Zones
Following is the City Manager's memorandum on this item:
"Under our present regulations an individual may obtain a
loading zone by making application, paying a $5 permit fee,
and receiving approval from the Traffic Engineer. These permits
are on a one-year basis and may be renewed if both parties
agree for another year.
Although an individual or business applying for and receiving
a permit may feel the loading zone is for their own private
use, in effect it is there for the use of all people using the
loading zone function. It is not meant to be a private parking
lot or space for an individual business. The public street
' should not be used by any one individual, but used on an
equitable basis by all the using publics under the rules and
regulations of the City.
285
Ordinance No. 38, 1976, would repeal the present ordinance
provision on loading zone permits and in its place permits
the Traffic Engineer to install loading zones to be used \
by anyone needing the same.
The existing loading zone permits are valid through December
31st of this year. If the City Council adopts this ordinance,
I assume that we should make the effective dates of enforcing
the new general area public use loading zones on January 1,
1976. This would give us time to prepare a comprehensive
loading zone plan in the downtown area which would be reported
to the City Council at a future work session."
City Manager Brunton stated that if Council adopted the
Ordinance, the present permits would be kept until December 31,
and he would bring a map depicting all the loading zones to
the Council for review. Councilman Bloom stated he felt the
plan should be presented and reviewed prior to enactment of
the ordinance.
Councilwoman Gray made a motion, seconded by Councilman Bowling
to adopt Ordinance No. 38, 1976 on first reading. Yeas:
Councilmembers Bowling, Gray, Reeves, Russell, Suinn and
Wilkinson. Nays: Councilman Bloom.
Councilwoman Gray made a motion, seconded by Councilman Bloom '
to instruct the administration to bring back a master plan
on loading zones to the Council for approval. Yeas: Councilmembers
Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson.
Nays: None.
Ordinance Tabled on First Reading Designating
the Andrews House as an Historic Landmark
Following is the City Manager's memorandum on this item:
"Mr. Richard L. Anderson, owner of the Andrews House located
at 324 East Oak (Lot 22, Block 41) has requested that the
house be designated as an historic landmark. The consent
form was referred to our Cultural Resources Board who recom-
mended that this designation take place."
Councilmembers Russell and Suinn expressed a desire to have
further backup information regarding the reason for designation.
Councilman Suinn made a motion, seconded by Councilman Russell
to table Ordinance No. 43, 1976 on first reading to the June 1,
1976 meeting, with further discussion from the Landmarks
Committee on the designation. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
286
Ordinance Adopted on First Reading Relating
to Vacation of Alley in Block 1S4 in the
City of Fort Collins, Colorado
Following is the City Manager's memorandum on this item:
"Block 1S4 is located between Magnolia and Whedbee, and Mulberry
and Peterson. At.the present time a house is encroaching on
the alley. The owners have agreed to rededicate this strip
upon the demolition of the existing house."
City Attorney March stated for the record, that he assumed
Council would adopt the Ordinance only with the agreement;
the signed agreement has not been received but is anticipated
that it will be received prior to second reading of the
ordinance.
Councilwoman Gray made a motion, seconded by Councilwoman
Reeves to adopt Ordinance No. 41, 1976 on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell,
Suinn and Wilkinson. Nays: None.
Amendment to Harvard Subdivision,
Second Filing P.U.D. Preliminary Plan Approved
' Planner II Paul Deibel identified the area in question and
stated the original Harvard Subdivision consisted of three
lots located on the southwest corner of South College Avenue
and Harvard Street. Only one lot was developed. The present
owners of the undeveloped lots do not plan to develop their
lots exactly according to the originally approved P.U.D..
Both the staff and Planning and Zoning Board recommended
approval.
Councilwoman Gray made a motion, seconded by Councilman Bowling
to approve the amendment to the Harvard Subdivision, Second
Filing P.U.D. Yeas: Councilmembers Bloom, Bowling, Gray,
Reeves, Russell, Suinn and Wilkinson. Nays: None.
Windmill Apartments P.U.D.
Preliminary Plan Approved
Planner II Paul Deibel identified the area in question. The
proposed P.U.D. is located on a 7.4 acre tract zoned R-M-P,
Medium Density Planned Residential District on the north side
of East Monroe between Stanford Road and Stover Street and
consists of 114 units. The Staff and.Planning and Zoning
Board have recommended approval.
2187
Councilman Russell expressed concern for the possibility
that this type of development might revert back to "Section 8"
programing.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves
to approve the Windmill Apartments P.U.D. Preliminary Plan.
Yeas: Councilmembers Bowling, Gray, Reeves, Suinn and Wilkinson.
Nays: Councilmen Bloom and Russell.
Bruce E. Miller Cedarwood, Fifth Filing,
Final Plat Approved
Planner II Paul Deibel identified the area in question located
on West Lake Street a half mile west of Taft Hill Road. The
Fifth Filing consists of 5.6 acres subdivided into 27 lots.
The subdivider was required to obtain and pay for the ease-
ment and development of a 220 foot section of Lake Street east
of his property. The Planning and Zoning Board had recommended
approval.
Councilwoman Reeves suggested that in the future that the staff
provide a map which would indicate a mile, to provide an idea
of the whole plan.
Councilman Bloom made a motion, seconded by Councilwoman Gray '
to approve the Bruce E. Miller Cedarwood, Fifth Filing, Final
Plat. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves,
Russell, Suinn and Wilkinson. Nays: None.
Bids for Street Improvement District No. 70
ADvroved
Following is the City Manager's memorandum on this item:
"The bids for the curb and gutter, sidewalk and street improve-
ments in connection with District 70 will be opened on Monday,
May 17, 1976. Most of our bids for various improvements do
not go to City Council since they are in compliance with our
purchasing ordinance. However, it is specifically required
that bids in connection with the special assessment district
be submitted to the Council for final approval. We will have
a tabulation and recommendation on this project available at
the Council meeting for consideration."
City Engineer Donald Parsons presented a tabulation of the bids
and recommended the bid be awarded to Flatiron Paving Company.
Councilman Bowling made a motion, seconded by Councilwoman '
Gray to award the low bid to Flatiron Paving Company for
$31,041.60. Yeas: Councilmembers Bowling, Gray, Reeves,
Russell, Suinn and Wilkinson. Nays: None. (Bloom out of room)
288
Various Easements and Rights of Way
Accepted
Following is the City Manager's memorandum on this item:
111. Easement agreement with Sam Webster, Jr. for a buried
sewer pipe line relating to the Alta Vista Sewer Project,
to replace existing easements. A permanent utility ease-
ment and a temporary construction easement are included
in this agreement.
Consideration: None.
2. Right-of-way agreement between the Jackson Ditch Company,
the LaPorte Water and Sanitation District, Sam Brunswig,
and the City of Fort Collins relating to a sewer line
crossing on the Jackson Ditch on the north side of
Highway 287 at the west side of LaPorte. The City is
a fourth party to this agreement because the City operates
and maintains the LaPorte Water and Sanitation District
lines.
Consideration: $100.00 (to be paid by"Sam Brunswig to
the Jackson Ditch Company)."
Councilman Russell made a motion, seconded by Councilman Bloom
to accept the above listed easement and right-of-way. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn
and Wilkinson. Nays: None.
Other Business
1. Mayor Wilkinson -called on Attorney Justus Wilkinson who
had requested time to speak.
Mr. Wilkinson commended Councilmembers for employing
William Robb and William Brenner to appraise costs for
the auditorium.
2. Resolution Adopted Authorizing Agreements with State
Department of Highways.
City Clerk Verna Lewis read the resolution at length.
Councilman Bowling made a motion, seconded by Councilman
Bloom to adopt the resolution. Yeas: Councilmembers
Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson.
Nays: None.
289
RESOLUTION 7 6 - 3 0
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING TILE CITY MANAGER TO ENTER INTO
AGREEMENTS WITH THE STATE DEPARTMENT OF
HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF
COLO RADO
WHEREAS, the City of Fort Collins is eligible for assistance
through the Federal Urban Systems Program; and
WHEREAS, the City has applied for such assistance in
connection with the following project:
Project No. Description
M8031(1) Engineering and installation of Traffic Signal
at intersection of College Avenue and Horsetooth
Road.
and
WHEREAS, it will be necessary for the City to enter into '
agreements between the City and the State Highway Department; and
WHEREAS, the City Council desires to authorize the City Manager
to execute such agreements.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Manager and the City Clerk be, and they
hereby are, authorized and directed to execute agreements between the City
and the State Department of Highways, Division of Highways, State of
Colorado, pertaining to the projects described above, after the form of
such agreement has been approved by the office of the City Attorney.
Passed and adopted at a regular meeting of the City Council
held this 18th day of May A.D. 1976.
1
ATTEST:
Mayor
City Clerk
290
1
1
3. Review of Proposed Carnival Ordinance.
City Attorney March stated what the ordinance effectively
has to do is to provide for the licensing of the types
of places of entertainment that are set forth in Section
73-36. Golf courses have been eliminated. The City
Attorney reviewed the application procedure and recommended
fees, the restructure provisions and.the sales tax provisions.
The provisions for requiring fire lanes,electrical
connections, and electrical equipment are in good order and
have been built into the ordinance. Also provision for
nuisances.
Councilmembers stated they would like a bonding provision
for clean up and perhaps some kinds of damage. This item
will be back on the Council agenda for June 1, 1976.
4. City Attorney March reported to the Council that the City
is being sued by Wood Bros. Homes, Inc. arising from their
development and having to do with the water right's obliga-
tion that they have to furnish. Therefore, he needed
authority to enter -an appearance on behalf of the City in
that action.
Councilwoman Reeves made a motion, seconded by Councilwoman
Gray to authorize the City Attorney to enter an appearance
on behalf of the City in the Wood Bros. Homes, Inc. matter.
Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell,
Suinn and Wilkinson. Nays: None.
S. Councilwoman Reeves stated, for the record, a request had
-
been received requesting an ordinance banning smoking in
public places.
Citizen Participation
1. Mr. Dick DeCicco, 1924 West Lake, requested Council consider
reviewing the decision of the Zoning Board of Appeals,
(appeal number 628).
City Attorney March stated there is an ability to appeal the
decisions of the Zoning Board of Appeals to the Council, if
they are timely.made. If a permit has been granted and steps
have been taken in compliance of that permit, then there is
another problem. Mr. DeCicco stated no permit had been taken
out.
City Attorney March stated that under these circumstances,
291
it would be proper if Council would schedule a hearing
date,and give notice to the petitioner. The proper way
this should have been done would be for Mr. DeCicco to
file a notice with the City Clerk, and then it would
come before the Council in the proper form.
On the basis that no permit has been issued, the City
Attorney stated Council should set a date for the
hearing and instruct the administration to give notice
to the other party.
Councilman Bowling made a motion, seconded by Councilwoman
Gray to set June 1, 1976 as the hearing date and instruct
the administration to give notice to the petitioner. Yeas:
Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson.
Nays: None.
2. City Manager Brunton received another appeal (appeal number
632) which has also been under discussion. Councilman
Bowling stated he had received a request for hearing on
this matter also. Councilman Bowling then requested that
the administration contact the protestants and determine
if they wished to have Council review the decision of the
Zoning Board of Appeals. City Manager Brunton stated this
would be done.
3. City Manager Brunton stated there had been a request
presented regarding the Curfew Ordinance. Human Rights
Officer, Rosita Bachmann had several persons she wished
to introduce. Ms. Bachmann stated that at a previous
Council Work Session, the Police Community Relations Task
Force had presented a report on their activities; she then
introduced Lupe Carbajal, Director of Equal Opportunity
at CSU and Chairperson of the Task Force on Police Community
Relations, and Attorney Paul Salas who presented the back-
ground of the activities of the Task Force and the request
for changes in the Curfew Ordinance.
Mayor Wilkinson stated this item would be on the agenda
for June 1, 1976.
4. Ms. Sandy Klug stated on behalf of the State Centennial/
Bi-Centennial Commission she wished to present a check
for $7,265.00 for the City Arboretum. Dr. Karl Carson
and City Arborist, Carl Jorgenson spoke to the location
and facilities at the Arboretum. Mr. Jorgenson stated
the dedication is July 4, 1976 at 12:00 P.M.
292
S. Proclamation for Older American Week.
City Clerk, Verna Lewis read the proclamation of the
week of May 23, 1976 to May 30, 1976 as Older American
Week.
Mr. Chester Hammon, Chairman of the Senior Citizens
Commission received the proclamation.
6. Commendations'to Police Officers.
Officers David Tomsick and Wayne Hall received awards
in recognition of 50,000 accident free miles.
7. Mayor Wilkinson presented Gladys Foster with the following
plaque:
GLADYS FOSTER
1953 through 1976
In Appreciation For_23 Years
of Dedicated Service to the
City of Fort Collins
Fort Collins City Administration
8. Mayor Wilkinson presented a plaque of appreciation to
Former Mayor Russell for his services to the City from
April. 15, 1975 to April 6, 1976.
9. Police Chief Ralph Smith then introduced the new Division
Chief in charge of the Investigative Division, David Feldman.
City Manager's Report
(a) The request to provide free water service to Lions Park
has been reviewed. The staff recommended against this as
charges are made to the City's-parks.
(b) On the complaint regarding ticketing for having trash cans
at the curb; Alley Inspector Frank Clack has not been
enforcing the regulation in an arbitrary fashion.
(c) The Administration has received a request from George Happ
who is a member of a non-profit corporation trying to raise
293
funds for a translator so that KVOD can be received
in this area. The City Manager stated this would
be discussed further at a work session.
(d) A letter had been sent to the new Highway Commissioner
expressing concern over the Highway Department's
interpretation for the use of Urban System's money.
(e) The adminstration has been informed that the Colorado
and Southern Railway has turned the City down on a grade
crossing for a bicycle/pedestrian path going between
Prospect and Drake.
(f) The administration is setting a new policy of providing
periodic physicals for all department heads.
(g) A request has been received from the DMA for a carnival
from July 1S through July 21. Also, the administration
has had on hand a petition signed by 76 businesses
requesting that the carnival be located elsewhere. This
item will be on the June 1, 1976 agenda.
(h) The City has received a letter of appreciation from the
Fort Collins Symphony for the $2,000 contribution.
(i) The City Council has received a letter from the Chamber '
of Commerce saying that the Chamber has two task forces;
one working on the Downtown Redevelopment and one working
on the Capital Improvement Program, with emphasis on the
auditorium.
(j) The City has received official notification regarding
a change in the grant with the EPA for additional work
with the prevailing wage law ---the addition totals
$24,545.00 for Sewer Plant No. I.
(k) Traffic Engineer Joe Rice would like to announce that
parking will be removed on Drake Road between South
College Avenue and Meadowlark Drive to continue the
bicycle path program.
(1) The administration has received a request for a "No
Smoking" ordinance. The administration is concerned over
enforcement.
(m) The administration has received a request from Ron Heard
to have some type of restrictive zoning between non-
residential and retail outlets when they are in close
proximity.
(n) The City has received official word that $25,000 has been
received from HUD for the 312 Program.
294
(o). The City has received a plaque from RSVP thanking
the City for providing space and money.
(p) Public Information Officer Eleanor Gale has resigned
rrj�
her position and has given to the City mounted
photographs to be placed in various parts of the City.
(q) The burglar and fire alarm issues have been postponed
being brought back.to the Council provided Guardian
receives UL approval. The administration would prefer
to have an ordinance in effect before new agreements
are negotiated.
(r) Roy A. Bingman has just received his MPA degree from
the University of Northern Colorado....
Downtown Redevelopment Project and Recommendation
Following is the City Manager's memorandum on this item:
"At a special work session on Tuesday evening,._May 11, 1976,
the Fort -Collins City Council reviewed a -report from the
Downtown Redevelopment Commission on the proposed downtown
project. It was brought out that a limited number of
financial solutions were open to the City and because of the
lack of Federal or State funding, various parts of the project
could not be financed by one method. The methods proposed
of financing include the following:
1. The parking lot program is to be paid for through
a general improvement district. The improvements
are to be paid for over 20 years through a mill
levy on the benefiting property owners. This
mill levy would be spread equally throughout the
entire district less parking credits for existing
parking.
2. The landscaping program is to be paid for through
a special assessment district. The improvements
are to be paid over a ten-year period through a
per -square -foot special assessment tax against
the benefiting property owners.
3. Recommendation was made for the bypass to be paid
for through general City-wide financing. At the
present time, the State has indicated there is no
revenue for this type of project. Urban Systems
money cannot legally be used on a project of this
type. Also, the General Fund is already over-
committed.
29S
Therefore, there appears to be only two sources of
available revenue for the bypass: (a) the use
of remaining portion of the $500,000 that has ,
been tentatively committed for the project, and
(b) the use of community development entitlement
money if and when it becomes available. The
proposal was made that we use the initial money
to acquire property for right of way and then
build the bypass as money is available. However,
there should be some commitment if the project
is approved to commit various general City funds
for this project when they are available.
There was some discussion on tax increment financing. We
have received letters from the Fort Collins Area Chamber
of Commerce and the Downtown Merchants Association recommending
that we use tax increment financing. This form of financing
has many advantages and some disadvantages. It would require
that we establish an urban renewal district in downtown Fort
Collins. There is also some litigation on tax increment
financing at the present time. However, this could become a
future viable way of paying for some of the present and future
improvements and also paying for some of the increased operation
and maintenance expenses in connection with the project. We
will also keep in touch with the pending legislation creating '
a tax district in central business districts that also could
be of some help in maintaining the area.
We have a petition pending objecting to the Remington Street
bypass. The City Council on two former occasions and the
Downtown Redevelopment Commission has continually stated that
the bypass was an integral part of this project. The petition,
because it is signed by local citizens, is important; however,
it does not carry any legal implications since there is no
specific project at the present time for it to object to.
If the City Council wishes, it can acknowledge the petition
either by saying that the project proceed without the bypass
or that the project be dropped entirely. If the Council
authorizes us to proceed with the project, there are still
a great many details to be worked out from both a financial
and legal standpoint. We will do everything possible within
the .framework and integrity of the present plan to work out
detailed arrangements on some equitable basis. It should be
clearly understood that if the Council does authorize the
City to proceed, there will be ample time for the individuals
in the project area to receive detailed information as to
their costs and have ample time for objecting if they did
not like the final package. The present ordinance on special
assessment districts and the proposed ordinance on general
improvement districts will provide the framework for this to
take place.
296
Recommendation: The Administration recommends that the City
Council authorize the City to proceed with the downtown
redevelopment project as proposed by the Downtown Redevelop-
ment Commission. To implement this, the following specific
steps should be taken: (1) accept the report of the Down-
town Redevelopment Commission and adopt the same, (2) direct
the City Attorney to take steps to provide for tax increment
financing in the downtown area, (3) direct the administration
to proceed with the -general improvement district and special
assessment districts, and (4) direct the adminstration to
proceed with more specific short-range and long-range methods
of financing the bypass."
Mayor Wilkinson called first for discussion from the Council,
then called for audience participation.,.. Those speaking were
as follows:
1. Martha Trimble, 1909 Stover, who stated she felt it must
be very clear what steps are to be taken in what order.
2. Pete Shaw, owner of Coast to Coast, expressed concern
that the downtown area is made up of small businesses,
_.,. and additionally spoke .in opposition to -the recommendation
of the DRC.
3. Luther Hickman spoke in support of the DRC's recommendation
and urged Council to move ahead on the project.
4. Mr. Widger, Silver Grill Cafe, inquired when Council would
make a decision on this item as he feels.he is to be
forced out of business and wants to know when.
5. — Betty Peterson of Black's Glass again stated she is opposed
to the bypass and again wished to know the voting procedure
and who would vote.
City Attorney March addressed the voting procedure. "It is
proposed that a vote could be required in connection with formation
of the general improvement district to be formed for acquisition
of parking lots. If sufficient taxpayers in the district object
to formation of the district, the Council would either have to
scrap the project or hold an election on the question of continuing
with the district proceedings. Also the present provision in the
special improvement district ordinance requiring 100% concurrence
of the Council if a majority of the property in the district
objects will continue to apply for the beautification district."
Councilman Suinn addressed the recommendations of the admini-
stration on this item specifically that financing would. come
297
back to the Council for action and secondly, that Council
would be accepting the report but not adopting the same
made by the DRC but rather adopting the three resolutions
passed by the DRC.
Councilwoman Reeves stated "Aren't we saying that the parking
will be paid for by an improvement district, the beautifica-
tion will be paid for by special improvement district or
assessment district and that the bypass, or the traffic from
College will be paid for by the general community through
some method of funding." City Attorney March stated this
is the proposal.
City Manager Brunton stated he would like the letter from
the Planning and Zoning Board regarding this project to be
read into the record:
May 18, 1976
The Honorable Mayor and City Council
Fort Collins, Colorado 80521
Re: Redevelopment Plan of Downtown Fort Collins
Dear Council Members:
The members of the Fort Collins Planning and Zoning Board
feel that the redevelopment of downtown Fort Collins is essential
if the downtown area is to remain a vital shopping and tax
producing area of the City of Fort Collins. The Planning and
Zoning Board is generally in agreement with the concept of the
three-phase plan presented by the Downtown Redevelopment Com-
mission. The three phases of the plan include purchasing
additional parking areas, beautification of the downtown area
and the Remington Street bypass to eliminate traffic congestion
in the downtown area.
The Planning and Zoning Board views the redevelopment of
the downtown area as being a part of the overall comprehensive
goal of making the downtown a more pleasant and convenient place
in which to shop, thus increasing its revenue generating potential.
If the redevelopment is properly executed, it will benefit a
majority of the merchants in the downtown area, the surrounding
residential neighborhoods, the North College Avenue commercial
strip and the citizenry of Fort Collins in general.
Respectfully submitted,
Chuck Mabry, Chairman
Planning and Zoning Board
298
1
1
Councilman Bowling made a motion, seconded by Councilwoman
Reeves to accept the recommendation of the administration
and move to the next step of this program. Yeas: Council-
members'Bloom, Bowling, Gray, Reeves, Russell, Suinn and
Wilkinson. Nays: None.
`Report on Auditorium Status
Following is the City Manager's memorandum on this item:
"There has been a great deal of discussion on the Auditorium.
Many reports and recommendations have been made. The major
problem is that the needs of all .the various groups cannot be
met within the budget limitation of $2,000,000 established
by the City Council.
At the May 4, 1976 meeting, an alternate proposal was submitted
to the City for a different configuration and having an
auditorium of only 1,000 seats. In this proposal, it was
:.suggested for the first time that the Art Museum be located
in the present auditorium at Lincoln Junior High School and
that the gymnasium be used as a multi -purpose room. The
present library would be used as a meeting room as planned
in the past, hopefully using the Ludlow Estate money.
One contention and conclusion of some people studying this
issue was that the 1,200-seat auditorium was the bare minimum
that could be developed to serve any use or purpose. In
fact some members felt the minimum number of seats should be
1,500., This point should be clarified before going to some
lesser number of seats.
It appears we are getting our likes, wants, needs, and ability
to afford co -mingled and out of focus. As indicated on
several occasions in the past, we feel that the Capital
Improvements Program has forced the City to impact many new
functions into the General Fund too fast. Not only do these
various services require additional operation and maintenance
expenses, but also there are many-intangible..start=up and
administrative costs. A good example of start-up costs would
be the approximate $240,000 worth of books for the new Library
that was taken from Revenue Sharing and not from the Capital
Program.
The City Council has not discussed the needs and priorities
of the various cultural resource services in the City. It
is important that the City Council have a work session in
the near future to discuss this entire problem. There has
299
been a great deal of material prepared by Designing Tomorrow
Today on this subject that could be summarized and analyzed
for the City Council's review.
At the May 4th meeting the City Council authorized "that the
City retain an estimator to ascertain the cost using the
concept previously presented for the remodeling of the existing
space and constructing either a 1,000-seat auditorium concert
hall as proposed at this meeting or, as an alternative, a
1,200-seat auditorium concert hall (fan -shaped) previously
proposed to the existing structure."
We have tentatively received confirmation that Reid Burton
of Reid Burton Construction Company, Inc., and Bill Robb of
Robb and Brenner, Architects, will assist us in the total
estimating process. Also, Stearns -Roger has received approval
to provide 24 hours of professional staff time to provide
the additional information needed for the estimating group.
At the present time our informal committee consists of
Mayor Earl Wilkinson, Bill Holmes, Special Projects Director,
Bill Robb, Reid Burton, and me. The City Council may want
additional representation on this committee. However, the
allocation of space and the decision on the size of the
auditorium should be discussed with the entire City Council.
We are tentatively estimating that the report plus an overall '
comprehensive revision of our analysis of the Capital Program
can be submitted to the City Council.
We are tentatively estimating that the report plus an overall
comprehensive revision of our analysis of the Capital Program
can be submitted to the City Council at the July 6, 1976,
meeting. We will work towards this date and keep the Council
informed of the progress."
Councilman Bowling stated that when Council "gave this charge,
in the pricing of the auditorium, in the resolution it said
to price a 1,000 or 1,200 seat auditorium or perhaps get prices
on both. I would like to suggest to the Council at this time
that we withdraw the pricing on the 1,000 seat auditorium
because it has been said by all the committees that a 1,000
seat auditorium is not what is desirable for this community,
it is not supportable. Therefore, I do not see why we should
take Mr. Brunton's time and Mr. Robb's time to work on a
1,000 seat."
Councilman Bowling made a motion, seconded by Councilwoman
Gray to remove from consideration the pricing of a 1,000 seat
auditorium. Yeas: Councilmembers'Bloom, Bowling, Gray, Reeves,
Suinn and Wilkinson. Nays: None.
300
Larimer County Policy Plan
Following is the City Manager's memorandum on this item:
"The Larimer County Policy Plan has been drafted and is
being considered by the Larimer County Commissioners at the
present time. Our Planning and Zoning Board held a special
work session on this plan Thursday evening, May 13th, which
did.not provide us sufficient time to prepare a summary to
accompany the agenda.
We will discuss any thoughts and recommendations they may
have on this subject at the May 18th meeting. Also, we will
have some staff comments. After.our discussion, the Council
may want to direct that some City partic-ipation be used in
this process."
City Manager Brunton stated the Planning and Zoning Board
has had two special work sessions on this item and they have
prepared their comments which will be. passed out to the Council.
Mayor Wilkinson stated it would take some time to review,and
other than thanking the County Planning Staff, the Council
will take it up at a later date.
' Planning Director Les Kaplan summarized the comments of the
Planning staff: Water and Sewer Utility Director Roger Krempel
spoke briefly regarding the metropolitan water and sewer district.
No further action taken on this item.
Other Business
1. Ordinance Adopted on First Reading Amending the Traffic Code.
City Manager Brunton spoke to the proposed ordinance which
would change the distance one may park a vehicle from the
railroad track from SO' to 51.
City Clerk Verna Lewis read -the ordinance at length.
Councilman Bloom made a motion, seconded by Councilwoman
Reeves to adopt Ordinance No. 37, 1976 on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell,
and Wilkinson. Nays: Councilman Suinn.
2. City Manager Brunton passed out the 1975 Audit.
Councilman Bowling made a motion, seconded by Councilwoman
Reeves to receive the audit. Yeas: Councilmembers. Bloom,
Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays:
None.
301
3. City Manager Brunton gave a brief report on the sales
tax as follows: "The sales tax for the first four months
of 1976 is running about 19% ahead of a year ago."
4. City Manager Brunton stated Councilman Bowling had presented
a memorandum from the COG in which the Older Americans
Organizations have requested that COG pass petitions for
removing the tax on food. Council consensus of four
alternates requested was recommendation number one:
"The COG staff is not authorized to participate in this
petition effort."
S. Councilwoman Reeves requested Council set a date for a
Review of the City Manager. This item was scheduled for
May 25, 1976 at 7:00 P.M.
Adjournment
Councilman Bloom made a motion, seconded by Councilman Bowling
to adjourn. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves,
Russell, Suinn and Wilkinson. Nays: None.
ATTEST:
V
City Clerk
302
bayor