Loading...
HomeMy WebLinkAboutMINUTES-09/21/1976-RegularSeptember 21, 1976 COUNCIL OF THE 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, September 21, 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, Russell, Suinn and Wilkinson. (Secretary's Note: Councilwoman Reeves arrived later in the meeting.) Staff Members Present: Brunton, Kaplan, Bingman, Deibel, Lanspery, Thexton, Smith, Liley and Lewis. Also: City Attorney Arthur March, Jr. Minutes of Regular and Special Meeting of September 7 and the Adjourned Meeting of ' September 8, 1976 Tabled to October 5, 1976 Mayor Wilkinson announced that since the minutes had not been received from the printers, they would not be considered until the October 5, 1976 meeting. Ordinance Adopted on Second Reading Amending the Zoning Ordinance Regulations Concerning Veterinary Medicine Facilities Following is the City Manager's memorandum on this item: "Ordinance No. 66, 1976, was passed on first reading at the September 8, 1976, adjourned meeting. In July 1976, the Planning and Zoning Board by a 5 to 1 vote recommended to the City Council the following changes in the Zoning Ordinance: (1) add definitions of "veterinary hospital", "small animal veterinary hospital", and "small animal veterinary clinic"; (2) amend the R-H Zone to allow only small animal veterinary clinics; (3) amend the BH, BP, HB, and BG Zones to allow both small animal clinics and hospitals, and (4) add regulations of external effects of veterinary facilities as suggested by staff. The Planning and Zoning Board further recommended that this use not be added as a permissable accessory use. At its August 3, 1976, meeting the City Council by__a 6_to 1 vote instructed the City Attorney to draw an ordinance in which changes 199 be made in a residential area; that clinics or hospitals be permitted —in the Planned Business_ or Highway Business Zones, and clinics only in Limited and General Business Zones; and that regulations of -external effects of the veterinary facilities be included as well as the definitions recommended by staff." Councilman Suinn made a motion, seconded by Councilman Russell to adopt Ordinance No. 66, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO% 66, 1976 BEING AN ORDINANCE AMENDING SECTIONS 118-11, 118-60, 118-61, 118-62, 118-63 AND 118-82 OF THE CODE OF THE CITY OF FORT COLLINS, BEING PORTIONS OF THE ZONING ORDINANCE AND RELATING TO VETERINARY FACILITIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 118-11 of the Code of the City , of Fort Collins be, and the same hereby is, amended by adding thereto (in appropriate alphabetical order) the following additional definitions: "VETERINARY FACILITIES, HOSPITAL --Any facility which is maintained by or for the use of a licensed veterinarian in the diagnosis, treatment and prevention of animal diseases. "VETERINARY FACILITIES, SMALL ANIMAL CLINIC --Any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment and prevention of animal diseases wherein the patients are limited to dogs, cats and other comparable household pets and wherein the overnight care of said patients is prohibited. "VETERINARY FACILITIES, SMALL ANIMAL HOSPITAL --Any facility which is maintained by or for the use of a licensed veterinarian in the diagnosis, treatment and prevention of animal diseases wherein the patients are limited to dogs, cats and other comparable household pets." 200 Section 2. That Section 118-60A(2) of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting therefrom subpart (v) and by adding thereto additional subparts (v), (w) and (x) as follows: "(v) Small animal veterinary clinic. "(w) Small animal veterinary hospital.. "(x) Shopping centers consisting of the above or similar uses." Section 3. That Section 118-61A,of the Code of the City of Fort'Collins be, and the same hereby is, amended by deleting therefrom subparts (8), (9), (10) and (11) and by adding additional subparts (8), (9), (10),.(11) and (12) as follows: "(8) Laundry and dry-cleaning outlets whose business consists primarily of serving retail customers. "(9) Limited indoor recreational uses, provided that all such activities are conducted entirely within an enclosed structures. "(10) Small animal veterinary clinic. "(11) Public utility installations, excluding repair and storage facilities. "(12) Accessory buildings and uses." Section 4. That Section 118-62A of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "A. Uses Permitted. The following uses shall be permitted in the H-B Highway Business District, provided that uses (4) through (11) inclusive are a part of a unit development plan as defined, processed and approved according to S 118-83 of this chapter, and provided further that any use permitted in this district shall be separated from abutting residential zoning districts by a fence or hedge at least six (6) feet in height which effectively screens the view on a year-round basis, and all uses shall provide adequate fencing to control blowing debris: 201 1,(1) Any use permitted in the R-M.Medium Density Residential District, provided any such use complies with all of the use requirements of such district, except that the miminum area of lot provision of this district shall be applicable. 11(2) Public utility installations, excluding repair and storage facilities. "(3) Any use permitted in.the B-L Limited Business Zone not located in a shopping center, subject to the following requirements: "(a) The yard and parking requirements of the B-L Limited Business District shall be applicable. .. "(b) A plot plan showing proposed landscaping and screening shall be presented to the Planning and Zoning Board and approved by the Planning and Zoning Board. In the event the Planning and Zoning Board fails to approve such plan,,the matter may be appealed to the City Council. "(4) Any use permitted in the B-G General Business District, except public utility installations. "(5) Automobile and mobile home sales. 1.(6) Drive-in or drive -through facilities as a principal use (restaurants,, theateasylecar-washes, banks, etc.) 1.:, :-a; ..ry c:;, cr.ov_..:.e ,.- " M Gas Stations. 11(8) Motels and motor hotels. "(9) Shopping centers. "(10) Other business uses which have environmental influences similar to uses (4) through (9) inclusive. "(11) Small animal veterinary hospitals. "(12) Accessory.buildings and uses.," 202 1 1 1 Section 5. That Section 118-63A of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting therefrom subpart (22) and by adding thereto additional subparts (22) and (23) as follows: "(22) Small animal veterinary clinic. "(23) Accessory buildings and uses." Section 6. That Section 118-82 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding thereto an additional subpart F as follows: "F.. Small Animal Veterinary Clinic and Hospital Regulations. "(1) All facilities of'a small animal veterinary - - -_- clinic or a small animal veterinary hospital, including all treatment rooms, cages, pens, kennels and exercise runs, shall be maintained within a completely enclosed, soundproof building. "(2) All such veterinary clinics and hospitals shall be designed and constructed in a manner that shall eliminate'any emission of odor offensive to persons in the area of such clinics or hospitals. "(3) All such veterinary clinics and hospitals ' shall be designed and constructed in a manner that shall reduce the sound coming from any such clinic or hospital to the level of sixty-five (65) decibels at any given adjacent property line. "(4) No such veterinary clinic or hospital shall board any animal for any length of ti:nexcept where such boarding is necessary to provide surgical or other medical care to the animals." Introduced, considered favorably on first reading, and ordered published this �tL day of , A.D. 1976, and to be presented for final passAge on the aio.K_ day of A.D. 1976. ATTEST: Mayor V y Clerk 203 Passed and adopted on final reading this aLj-day of - A.D. 1976. ATTEST RalTort, ity Clerk ` First Reading: September 8, 1976 Second Reading: September 21, 1976 Dates Published: September 12, 1976 Attest: City Cler (Vote: Yeas: 6, Nays: 0) (Vote: Yeas: 6, Nays: 0) and September 26, 1976 Ordinance Adopted on Second Reading Annexing the Hanna Second Addition Following is the City Manager's memorandum on this item: "At its September 8, 1976, adjourned meeting the Fort Collins City Council adopted Ordinance No. 70, 1976, on first reading. The Hanna Second Addition is an 8.5 acre site located on the southwest corner of West Vine Drive and North Shields Street. The requested zoning is for R-L, Low Density Residential District use. The Planning and Zoning Board recommended for approval of this annexation with R-L Zoning." Councilman Russell made a motion, seconded by Councilman Suinn to adopt Ordinance No. 70, 1976 on second reading. Yeas: Council - members Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None, 1 204 1 ORDINANCE NO. ' 70, 1976 BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE HANNA SECOND ANNEXATION TO THE CITY OF FORT COLLINS WHEREAS, heretofore,.a written petition, together with four prints of an annexation map was filed with the City Clerk of the City of Fort Collins requesting the annexation of certain territory more particularly described below to the City, and WHEREAS, the City Council has found and determined and does hereby find and determine that said petition is in substantial compliance with the provisions of Colorado Revised Statutes, 1973, Section 31-8-107 as amended, and WHEREAS, the owners of 100% of the property to be annexed have petitioned for said annexation, and WHEREAS; not less than one -sixth (1/6th) of the perim- eter of the area to be annexed is contiguous with the City of Fort Collins and a community of interest exists between the territory to be annexed and the City of Fort Collins and the territory to be annexed is urban or will be urbanized in the near future and such territory is integrated or is capable of being integrated with the City of Fort Collins, and WHEREAS, none of the provisions of Colorado Revised Statutes, 1973, Section 31-8-105 as amended, are violated by the annexation of this territory to the City, and WHEREAS, no election is required under the provisions of Colorado Revised Statutes, 1973, Section 31-8-107(2) as amended, and no additional terms and conditions are to be imposed in connection with this annexation, and WHEREAS, the territory is eligible for annexation and the City Council desires to annex the same to the City of Fort Collins. NOW, THEREFORE, BE IT'ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That all of the territory more particularly described as situate in the County of Larimer, State of Colorado, to -wit: t A tract of land situate in the Northeast one -quarter (1/4) of Section 10, Township 7 North, Range 69 West of the 6th P.M., which considering the North line of said Section 10 as bearing South 89028' East and with all bearings contained herein relative thereto is contained within boundary lines more particularly described as follows: Commence at the Northeast corner of said Section 10, and run thence North 89028' West 804.0 feet; thence South 461.88 feet; thence East 804.0 feet, thence North 454.40 feet, more or less, to the point of beginning; subject to right of way for West Vine Drive across the North 50.0 feet thereof and right of way for Shields Street along the East boundary as previously dedicated to Larimer County. be, and it hereby is, annexed to the City of Fort Collins _ and made a part of said City to be known as the Hanna Second Annexation to the City of Fort Collins. Section 2. That in annexing said territory to the City of Fort Collins, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the territory hereby annexed except as may be provided by the ordinances of the City of Fort Collins. Introduced, considered favorably on first reading, and ordered published this 7th day of September, A.D. 1976, and to be presented for final passage on the 21st day of September, A.D. 1976. ATTEST• City Clerk Passed and adopted on final reading this 21st day of September, A.D. 1976. Mayo ATTE'S/ . City Clerk 206 i/ 1 1 r 1 First Reading: Second Reading: Dates Published: Attest: September 8, 1976 September 21, 1976 September 12, 1976 a City Clerk (Vote: Yeas: 6, Nays: 0) (Vote: Yeas: 6, Nays: 0) and September 26, 1976 Ordinance Adopted on Second Reading Zoning the Hanna Second Addition Following is the City Manager's memorandum on this item "Ordinance No. 74, 1976, is the companion ordinance to Ordinance No. 70, 1976, annexing this property into the City. It was passed on first reading at the September 8, 1976, adjourned meeting. The requested zoning for this project is R-L, Low Density Residential Zoning." Councilwoman Gray made a motion, seconded by Councilman Bloom to adopt Ordinance No. 71, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and WiYkinson Nays: None. ORDINANCE NO.�71, 1976 BEING AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE -OF THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE G,r PROPERTY INCLUDED IN THE HANNA SECOND ANNEXATION TO THE CITY OF FORT.COLLINS, COLORADO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the Zoning District Map adopted by Chapter 118 of the Code of the City of Fort Collins, be and the same hereby is changed and amended by including the property known as the Hanna Second Annexation to the City of Fort Collins, Colorado, in the RL, Low Density Residential District. 207 Section 2. The City Engineer is hereby authorized and directed to amend said Zoning District Map in accordance with this ordinance. Introduced, considered favorably on first reading, and ordered published this 7th day of September, A.D. 1976, and to be presented for final passage on the 21st day of September, A.D. 1976. Mayor A� E S , City Clerk I\ Passed and adopted on final reading this 21st day of September, A.D. 1976. AA ayor ATTEST - City Clerk First Reading: September 8, 1976 (Vote: Yeas: 5, Nays: 1) Second Reading: September 21, 1976 (Vote: Yeas: 6, Nays: 0) Dates Published: September 12, 1976 and September 26, 1976 Attest: City Clerk 208 Ordinance Adopted on Second Reading, As Amended, Amending the Building Code to Provide Handicapped Provisions Following is the City Manager's memorandum on this item: "At its September 8,,1976, adjourned meeting the Fort Collins - City Council adopted Ordinance No.'72, 1976 on first reading. By.a 4 to 3 vote the Council amended the proposed ordinance by deleting the established minimum -maximum height for a water closet. The deletion of this provision necessitates other technical changes to the ordinance which were not made .on first reading. Attached is the original ordinance indicating the amendment;: made by the Council in Section 17-11-b and a revised ordinance which makes the additional changes required for consistency." Councilman Bloom made a motion, seconded by Councilman Bowling to amend the ordinance to correspond with the printed revised copy in the agenda packet. Yeas: Councilmembers Bloom, Bowling, Russell and Wilkinson. Nays: Councilmembers Gray, Reeves and Suinn. City Clerk Verna Lewis read the ordinance by title. Councilman Suinn made a motion, seconded by Councilman Russell ' to adopt Ordinance No, 72, 1976 as amended on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO..72 , 1976 BEING AN ORDINANCE AMHTDING CHAPTER 38 OF THE CODE OF THE CITY OF FORT COLLINS MAKING AM NDMEN'PS TO THE BUILDING CODE BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF FORT COLLINS: That the Building Code adopted by Section 38-1 of the Code of the City of Fort Collins be, and the same hereby is, amended and changed in the following particulars: A. Section 1711(b) of the Uniform Building Code (as previously. amended by Section 38-2G (2) of the Code of the City of Fort Collins) is amended to read as follows: 209 "Sec. 1711(b) Toilet Facilities. Toilet facilities and water closet compartments on the first floor and on floors served by a ramp or elevator shall have a clear and unobstructed access of not less than 32 inches. A clear space, unobstructed by door swing, grab bars and similar items, of not less than 32 inches, shall be provided in front of the toilet stool. Grab bars shall be provided on two sides, or one side and the back of each toilet compartment. Toilet facilities shall be identified by the universal symbol for the orthopedically impaired. "EXCEPTIONS: "1. In Group I and 7 occupancies and within individual units in apartments, the clear width of water closet compartments may be 30 inches; the clear space in front of the toilet stool may be 24 inches; grab bars shall not be required; and the facility need not be identified for the handicapped. "2. Where more than one water closet compartment is provided, only one such compartment within each toilet room for each sex need comply with the requirements of this subsection. For all other compartments, grab bars shall not be required; the access may be 30 inches; and clearances shall be as set forth in Exception No. 1 above. "3. Where more than one (1) one-half bath compartment (stool and wash basin) is provided on a floor served by a ramp or elevator, only one such compartment for each sex need comply with the requirements of this subsection, N . In hotels and motels of H occupancies, only four percent (4%) (but no less than one) of the total number of units shall be required to comply with the Toilet Facilities requirement of this subsection. "5. When only one water closet per building is required for each sex, grab bars shall not be required in the toilet facilities. B. Table 33-A is amended by adding a footnote No. 8 referring to hotels and apartments as follows: "8 Except for apartments, in all H occupancies where access is not at grade level, a ramp or elevator shall be provided for the floor closest to grade." 210- C. Section 3303 (i) is amended by adding the following sentence: "Where doors lead to potentially hazardous areas, a touch warning symbol shall be provided on doorknobs to warn the blind of such potentially hazardous area." D. Section 3306 (d) is amended to read as follows: "(d) Landings, Ramps having slopes greater than one vertical to 15 horizontal shall 'nave landings at the top and bottom and at least one intermediate landing shall be provided for each 5 feet of rise. Top landings and intermediate landings shall have a dimension measured in the direction of ramp run of not less than 5 feet, and the top landings shall extend one foot on each side of the doorway. Landings at the bottom of ramps shall have a dimension in the direction of ramp run of not less than 6 feet. Doors in any position shall not reduce the minimum dimensions of the landing to less than 42 inches and shall not reduce the required -width by more than 3-11 inches when fully open." Introduced, considered favorably on first reading, and ordered --° published this Eth day of Se^te..-:Ser , A,D. 1976, and to be presented for final passage on the 21st day of Sentenbp, A.D. 1976. AT FES Mayor Crty Clerk Passed and adopted .on final reading this 21st day of Seoter:.ber , ATTEST: Mayor Ci y Clerk First Reading: September..8, 1976 (Vote: Yeas: 6, Nays: 0) Second Reading: September 21, 1976 (Vote: Yeas: 7, Nays: 0) Dates Published: September 12, 1976 and September 26, 1976 Attest: City Clerk 211 Ordinance Adopted on Second Reading Amending the Code of the City of Fort Collins Relating to the Human Relations Commission - Following is the City Manager's memorandum on this item: "Ordinance No. 73., 1976, was adopted on first reading at the September 8, 1976, adjourned meeting. It primarily deals with the functions and duties of the Human Relations Commission. It had been referred back to the Human Relations Commission on one occasion for clarifications and change in the section regarding the Commission's involvement in recommending the expenditure of funds." Councilman Suinn made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 73, 1976 on second reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 73, 1976 BEING AN ORDINANCE AMENDING'ARTICLE VI (Sections 2-17 through 2-19 inclusive) OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE HUMAN!RELATIONS COMMISSION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 2-17 of the Code of the City of Fort Collins be, and the same hereby -is, amended by adding to such section at the end thereof the following: The commission membership shall consist of as broad a repre- sentation of the community as possible. Although residence in the City shall be considered desirable for commission members, it shall not be an absolute ..requirement. Section 2. That Section 2-19 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: 212 2-19. Functions of Commission. The Human Relations Commission shall have the following functions: A. To develop and promulgate an educational program to acquaint Fort Collins residents with all local, state and federal civil rights ordinances, statutes, and laws. B. To recommend to the City Council such action as may be necessary or advisable to achieve the following: l.-I Equal employment opportunity for all persons. 2. Equal housing opportunities for all persons. 3. Equal public accommodation opportunities for all persons. 4. The best possible Fort Collins government -community relations in all fields of governmental endeavor. C. To supplement the foregoing purposes by the following means: 1. Formation of special subcommittees, including non - Human Relation Commission member specialists; 2. To make a continuing study of ways to support the laws concerned. 3. To solicit aid from other social agencies: in educating the public. 4. To communicate with other similar commissions in order to share experiences and become more sensitive to potential problems. _ D. To make periodic reports to the City Council concerning the activities and recommendations of the Commission. E. To perform such functions ,as are committed to it by other ordinances or' resolutions of the City. F. To recommend to the City Council the expenditure of funds in the area of human resources through, membership on the Larimer Human Resources Board. 213 Introduced, considered favorably on first reading, and ordered published this 7th day of September, A.D. 1976, and to be presented for final passage on the 21st day of September, A.D. 1976. Mayor ATTEST: Z�� eve, City Clerk Passed and adopted on final reading this 21st day of September A.D. 1976. Mayor ATTEST: 7z 'r Z'4' j J."� City Clerk First Reading: September 8, 1976 (Vote: Yeas: 6, Nays: 0) Second Reading: September 21, 1976 (Vote: Yeas: 7, Nays: 0) Dates Published: September 12, 1976 and September 26, 1976 Attest: City Clerk 214 1 1 Ordinance Adopted on Second Reading Prohibiting Loitering in the Center Parking Area for the Downtown Business District Following is the City Manager's memorandum on this item: "Ordinance No. 74, 1976, was adopted on first reading at the September 7, 1976, meeting. The City Council has been receiving complaints and observing public nuisances in connection with the center parking area in the downtown business district. At the present time, we do not have an ordinance allowing our Police Department to enforce against this public nuisance. The proposed ordinance stipulates that no one shall park a vehicle in center parking, emerge from such parked vehicle and remain other than momentarily in the center parking area." Councilman Bowling made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 74, 1976 on second reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 74 , 1976 BEING AN ORDINANCE REGULATING THE USE OF CENTER PARKT':,, ON COLLEGE AVENUE AND MOUNTAIN AVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Those portions of College Avenue (between Olive Street and Maple Street) and Mountain Avenue (between Howes Street and Peterson Street) designated for parking in the center of the street shall be used only for parking purposes. Any person not remaining inside a vehicle in such center parking area shall immediately leave the center parking area by the safest direct route And no person shall remain outside of a vehicle in such center parking area. Introduced, considered favorably on first reading and ordered published this 7th day of September, A.D. 1976, and to be presented for final passage on the 21st day of September, A.D. 1976. 215 ATTEST City Clerk Passed and adopted on final passage this 21st day of September, A.D. 1976. ATTEST: Ci y Clerk 1R.; INI-nmewnw M First Reading: September 7, 1976 Second Reading: September 21, 1976 Dates Published: September 12, 1976 Attest: City Clerk (Vote: Yeas: 7, Nays: 0) (Vote: Yeas: 7, Nays: 0) and September 26, 1976 Ordinance Adopted As Amended on First Reading Establishing the Mill Levy for the City -Following is the City Manager's memorandum on this item: "The various budget dates are set out in the City Charter. The City Manager is required to submit a proposed budget prior to the first Monday in October. Within ten days after the City Manager submits the budget, the City Council is required to set the time and place for a public hearing or hearings. Prior to October-31, 1976, the budget must be approved by resolution. The major complication is that state statutes require the tax levy to be adopted and certified by the County Commissioners no later than October 16th. This means that we have to pass the tax levy ordinance prior to the adoption of the budget. This is not difficult because the ,City has maintained the ten mill levy since 1967. Prior to that=time the City mill levy was 15. The proposed budget for 1977 calls for the same ten mill levy." . --- ------ - -- 216' 1 1 City Attorney March stated Section 39-5-128 of the 1973, C.R.S. changed the date of October 16 for certifying the mill levy to the County Commissioners, to November 1. Councilwoman Reeves made a motion, seconded by Councilman Bowling to amend Ordinance No. 75, 1976 by substituting the words "1st day of November" for "16th day of October" in the first paragraph and in Section 2. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Councilman Bloom inquired how many City employees the City had? City Manager Brunton responded there were approximately 530 employees. Councilman Bloom made a motion that the Council direct the Administration to reduce the number of City employees from the current level of 530 by no less than 10 percent by December 31, 1977. Mayor Wilkinson stated "we are discussing establishing the mill levy for the City,Arvid --- I believe --wouldn't that come after that?" Councilman Bloom responded, "This, in my opinion, will directly affect the mill levy, because it affects the budget." Mayor Wilkinson countered, "but it doesn't affect the mill levy." Councilman Bloom stated "Okay, I'll withdraw that motion and ' substitute another motion. My motion is that we increase the mill levy by any necessary amount to produce a balanced budget." Councilman Bowling made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 75, 1976 as amended on first reading. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and, Wilkinson. Nays: Councilman Bloom. At this time Councilman Bloom handed Mayor Wilkinson an envelope and left the meeting. Resolution Adopted Approving an Application Report and Authorizing the Filing of an lication for a Loan From the Bureau of Reclamation Following is the City Manager's memorandum on this item: "At its January 20, 1976, meeting the Fort Collins City Council adopted Resolution 76-2 requesting a Federal appropriation requirement of $7,027,000 from the Bureau of Reclamation. We were recently advised by the Bureau that there has been a change in their recommendation as to the dollar amount that the Council should be authorizing by resolution. We have to add an estimated bureau loan -processing expense of.$30,000 and interest during construction of $198,OOO.making the loan obligation amount total $7,355,000." 217 RESOLOTION 76-61 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN APPLICATION REPORT AND AUTHORIZING THE FILING OF AN APPLICATION FOR LOAN UNDER PUBLIC LAW 84-984, AS AMENDED WHEREAS, the City Council of the City of Fort Collins desires to secure a federal loan under the Small Reclamation Projects Act, P.L. 84-894, as amended, and has authorized its consulting engineers, McCall -Ellingson & Morrill, Inc., to prepare a feasibility report in support of an application for said loan to finance construction of an enlarged Joe Wright Reservoir, together with an outlet works and an emergency spillway; and [WHEREAS, said consulting engineers have prepared a supporting loan application report as required under the Small Reclamation Projects Act entitled "Joe Wright Reservoir. Enlargement"; and WHEREAS, the City Council of the City of Fort Collins concurs in and approves said application report which proposes a project having a total estimated cost of $7,794,000.00, of which $7,355,000.00 would be obtained by a loan from the ' federal government under provisions of P.L. 84-894, as amended, to be repaid within a twenty-year period, and $439,000.00 would be a contribution by the City of Fort Collins. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager be, and he hereby is, authorized and directed to make application to the U.S. Depart- ment of the Interior, Bureau of Reclamation, for said loan and to pay to the Bureau of Reclamation the $1,000.00 filing fee required with such application and that he and the engineering consultants are further authorized and directed to perform any other acts necessary in connection with the filing of such application. BE IT FURTHER RESOLVED that a copy of this.resolution be transmitted to the U.S. Department of the Interior, Bureau of Reclamation, with the application report. Passed and adopted at'a regular meeting of the City Council held this 21st day of September, A.D., 1976. ATTEST: Mayor City Clerk 218 1 Councilwoman Reeves made a motion, seconded by Councilman Bowling to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Mayor Wilkinson declared a five minute recess. Bids for Street Improvement District No. 71 Following is a portion of the City Manager's memorandum on this item: "At the Adjourned Meeting on September 8, 1976, the Council reviewed the bids in connection -with Street Improvement District No. 71. At that time the Council authorized Concrete Construction and Placing, Inc., to do the concrete work for an amount of $84,794.85. The Council also authorized the City staff to install the storm sewer in connection with this project." A memorandum from Roy A. Bingman, Director of Engineering Services, is also made part hereof: The City Council has previously awarded a contract to Concrete Construction and Placing Inc. for the concrete portion of the construction of the Taft Hill Road street improvements. The following bids were received: Concrete Construction & Placing Inc. $93,869.85 C. G. & S. Co. $95,045.25 F & F Concrete Construction $96,607.00 Kiefer Concrete $97,974.75 The amount of the award was $84,794.85, deleting items 6, 16 and 17 from the contract. The bids received for the asphalt and storm sewer portion of the work were as follows: Sterling Paving Co. - Street Work Storm Sewer TOTAL Flatiron Paving Co. - Street Work Storm Sewer 0091 $142,841 118,587 $261,428 $145,153 121,122 $266,275 The estimate of cost for this portion of the work based upon the preliminary design (at the time of the public hearings) was $142,081. We have discussed at some length with Bill Lauer of Sterling Paving the possible reasons for the high bids. Our understanding of the situation is the following: 1. Storm Sewer A. The same subcontractor quoted the work to both Sterling and Flatiron. This, of course, is not a competitive situation and will not give the lowest possible price. B. Sterling Paving indicated that they attempted to obtain quotations from three other subcontractors, but were unsuccessful. C. The subcontractor that did bid was concerned about ground water, the depth of the line and conflicts with other utilities. our information indicates no ground water on the soils logs. Most of the storm sewer is installed at a depth of 5 - 6 feet; there is a section of several hundred feet that is as deep as 10 feet, but that is all. There will be conflicts with utilities and service lines but we do not foresee serious problems. D. We have estimated the cost of the storm sewer installation at about $47,000 by the'Street Department. on the basis of the bids, we recommend that the City proceed with the storm sewer installation in conjunction with the concrete work previously awarded. 2. Street Work A. Bill Lauer, in our discussions expressed concern about the conflict with traffic while working on the project. They had apparently included a significant amount of money for flag -persons for control of traffic. Sterling offered to reduce the bid by $5,000 if traffic could be detoured. B. The asphalt prices bid are based upon anticipated 1977 prices. We discussed the possibility of a reduced price for all asphalt actually installed during the remainder of 1976, but they did not feel they could do this. C. We discussed other items, such as the comparatively high price bid for gravel base (nearly twice the cost of other projects in the past several years) but the contractor indicated that the close working conditions and relatively narrow strip dictated this price. 220 r D. Our feeling is that the bids are higher than they should be for this project. We also indicated to the property owners that we would do all we could to keep the project costs to an absolute minimum. On this basis I recommend that we reject the bids received for the street work and rebid the project in January in order to obtain the most favorable bids. If the bids come in high again we still have the option of using street department personnel for all of the street construction work, except the asphalt mat. 3. Cost Summary A. The cost estimate for the construction of concrete work, storm sewer, and street work on the basis of the preliminary design was $234,123. B. Award for Concrete Work $84,794.85 Estimate of Storm Sewer Cost 47,000.00 $131,794.85 Estimated Cost $234,123.00 less concrete & storm sewer 131,794.85 $102,328.15 We anticipate that the final bids will cone in lower than the present bids. 'However, the City cost --for the project may still be $20,000 higher than originally estimated. This is one of the difficulties which we pointed out at the time of the hearings, when the contingency on the estimate was reduced from 15% to 5%. We recoTrend that -the bids for the asphalt and storm sewer work be rejected and the street department authorized to construct the storm sewer facilities and excavation for curb and gutter installation; we also recamexO that the project be rebid in January. Councilwoman Gray made a motion, seconded by Councilman Russell to reject the bids for the asphalt and storm sewer work for Improvement District No, 71. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Councilman Bowling made a motion, seconded by Councilwoman Reeves to authorize the street department to construct the storm sewer facilities and excavation for curb and gutter installation. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 221_ Councilman Suinn made a motion, seconded by Councilman Russell to authorize the City staff to rebid the street work in January, 1977. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Platte River Power Authority P.U.D.: Final Plat and Site/Landscape Plans Approved Following is the City Manager's memorandum on this item "The PRPA PUD is located on the northwest corner of Horsetooth Road and Timberline Road, and consists of a 12-acre site zoned I-G, General Industrial District, and I-P, Industrial Park District. The initial construction will include the easterly two-thirds of the 12-acre site. At the September 8, 1976, meeting, the Planning and Zoning Board unanimously recommended for approval subject to minor revisions. We have not as yet received all utility plans." Councilman Bowling made a motion, seconded by Councilman Suinn to approve the Platte River Power Authority P.U.D. Final Plat and Site Landscape Plans subject to receiving all utility plans to be approved by the City Engineer. Yeas: Councilmembers Bowling, Gray, Reeves and Suinn. Nays: None. (Councilmembers Russell ' and Wilkinson out of room.) Denney -Seaman Subdivision Rezoning and Everitt Enterprises Southmoor Village Subdivision Rezonings Referred to the Citv Attornev for Ordinance Preparation Councilwoman Gray made a motion, seconded by Councilman Bowling to refer the above two items to the City Attorney for ordinance preparation. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Edora Acres Second Filing P.U.D. Preliminary Plan Approved Following is the City Manager's memorandum on this item: "This PUD is located on the southwest corner of East Prospect Street and Riverside Drive, and is a mixed Commercial and Multi -Family Residential District. At its September 8, 1976, meeting, the Planning and Zoning Board recommended that the preliminary plan of this PUD be approved subject to meeting certain conditions. These conditions' require emergency access, the landscape buffer, and slopes in active recreation areas. The developer indicates that all of these conditions can be met." 222 1 1 1 Planner II, Paul Deibel, spoke to the Planning and Zoning Board recommendations. "Planning and Zoning Board Recommendation: Conditional Approval At its September 8 meeting, the Board voted unanimously to recommend approval of the preliminary plan subject to staff comments concerning fire emergency access, the landscape buffer, and slopes in the active recreational area. The developer has indicated that these conditions can be met." Mr. Morrie Deines, developer, spoke to the stipulation above. Councilwoman Reeves made a motion, seconded by Councilman Russell to approve the Edora Acres Second Filing PUD and Preliminary Plan with the Planning and Zoning Board recommend6d.condi.t•ions. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Requests for Formal Appeals from Decisions of Zoning Board of Appeals - Hearing Dates Set Following is a portion of the City Manager's memorandum on this= item: "We have received formal appeals from two petitioners -in regard to decisions of the Zoning Board of Appeals at their September 14, 1976, meeting. Enclosed are copies of the original Appeal for Modification of Zoning Ordinance from Margaret M. Wiedeman and Carl W. Mabry concerning property at 1300 West Mountain and from Steve Smith of Recycle Something concerning property at 700 West Mountain." Mr. Carl Meline, real estate agent for Mrs. Wiedeman, requested Council set the hearing date as October 5, 1976 Councilwoman Reeves made a motion, seconded by Councilman Bowling that the two appeals be heard at the October 5, 1976 Council meeting. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Hearing on Platte River Power Authoritv Generatine Plant Set Following is the City Manager's memorandum on this item "On Thursday, September 23, 1976, the Larimer-Weld Regional Land Use and Transportation Planning Committee will hold a meeting in the Nunn Town Hall. The change of date and location was made so 223 that the Land Use Transportation Committee could become involved in the public hearing concerning the Platte River Power Authority's coal -firing generating plant location. Councilman Suinn has suggested that we consider requesting the Larimer-Weld COG or the Platte River Power Authority to have a public hearing on this . proposed generating plant in Fort Collins which is the nearest population center." Councilman Bowling announced that the COG has set hearing dates for this item on October 14, 1976 at 7:00 p.m. in the Poudre R-1 Administration Building, Fort Collins. This will satisfy Councilman Suinn's request. No further action was taken on this item. Ordinance Adopted as Amended Making Amendments to Human Rights Ordinance Following is the City Manager's memorandum on this item: "At its July 20, 1976, meeting the Fort Collins City Council reviewed a recommendation from the Human Relations Commission to amend the Human Rights Ordinance. This amendment concerned discrimination against qualified handicapped individuals in connection with employment, housing and public accommodation. The Council made a motion to refer the ordinance back to the Human Relations Commission for additional study and to work with the City's legal staff on a draft of a revised ordinance. The Human Relations Commission held a meeting on this matter September 9, 1976'. Several guests were present including the chairman of the State Advisory Committee for the Handicapped. Enclosed is A copy of the recommended revised ordinance which was approved by unanimous vote." Margaret Batson, Chairman of the Human Relations Commission introduced Les Berkowitz, Chairman of the State Advisory Committee for the Handicapped, and Steve Zimmerman, President, Center for Legal Advocacy for the Disabled to speak in support of the ordinance. Dr. Larry Bloom, Clinical Psychologist, CSU, stated he had reservations about the inclusion of the term "mentally handicapped" in the proposed ordinance as a broad term. Human Rights Officer, Rosita Bachmann, 'spoke to other states which have similar legislation and definitions from the legislation in effect in Texas. 224 1 1 Ernest Chavez, Clinical Psychologist, CSU, supported Dr. Bloom's concern. Rev. Edward Ostertag, member of the Human Relations Commission, requested Council take positive action on the proposed amendment to the ordinance. Council considered word changes to the proposed amendment regarding the mentally handicapped suggested by the Human Relations Commission. Councilman Suinn made a motion, seconded by Councilwoman Reeves to amend Ordinance No. 54, 1976 in the following particulars: Section 2. A. by deleting the words "mental or medical" after the word "physical"; by inserting the words "or is developmentally disabled, as defined herein," between the word "impairment" and the word "from" in the second line, by deleting the words "mental or" after the word "normal" and the word "physical" in the third line, and by adding a new paragraph "C" to read "Developmental disability means a disability attributable to mental retardation, cerebral palsy or epilepsy." Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ' Councilwoman Gray made a motion, seconded by Councilman Suinn to adopt Ordinance No. 54, 1976 as amended on first reading. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Y,. Hearing on Proposed Downtown General Improvement District Formation Created by Ordinance No. 77, 1976 Following is the City Manager's memorandum on this item: "This is the scheduled date for hearing on the proposed General Improvement District providing parking improvements in the down- town project. In previous action the Council indicated they would defer this hearing to October 5. The combined committee of the DRC and the merchants' group will be made and it appears very likely that a recommendation from this group will be made at this meeting. In order to preserve the continuity and meet the legal requirements for formation of the district, the ordinance which would create this district has been prepared and is included in the agenda. The Administration does -not anticipate that this ordinance will be passed." 225 Moderator,O.K. Sherwood, read the progress report into the record as follows: MODERATOR'S REPORT TO THE CITY COUNCIL Mr. Mayor and members of the city council, the downtown coalition group is pleased to submit the following report regarding downtown redevelopment. The primary concerns as distilled from public meetings with approximately 75 citizens opposed to the project and representing 471 petition signers were: 1. By -Pass - We recommend to the city council that they address themselves to the entire city traffic problem, and not to a four block area, with an eye toward removing much of the heavy traffic from College Avenue, but not necessarily the Highway 287 designation. 2. Beautification - We feel that before any real statements can be made on the subject of beautification an analysis of the costs of construction must be made. We feel that the stated z cost for beautification is too high and well might be reduced by the removal of certain items, or by finding ways of reducing the costs of what is proposed. At no time would we propose to lose the basic integrity of the program through deletions. 3. Parking - We feel that some parking must be acquired for the use of both customer and owner/employees. It is our feeling that parking lots should basically serve employees so that the street parking on College Avenue can be used for customers. To achieve this, a strict enforcement of parking laws.and possibly some revision of these -laws must be made by the city since self discipline on the part of the merchant seems to fail. We feel that parking lots of adequate size can be acquired on an "available" basis without putting existing merchants out of business. (This can be very damaging to the tenant). We feel that satisfactory parking can be acquired by this method at a considerably lower cost. 226 1 4. Financing - We feel that there are many inequities in the existing plan: We would suggest that some form of rebate be granted to owner occupied residences within the district. We also feel that the square footage method of spreading cost is inequitable and in many cases penalizes the people who have done the most to help themselves. We also think that some attention should be given to developing some type of program which would encourage the improvement of undeveloped properties; In summary, we feel that the present costs of the proposed downtown redevelop- ment are too high and can be reduced, and that many of the inequities in the financing plan can be resolved. In subsequent joint sessions a coalition of the Downtown Redevelopment Commission members and the merchants group met to address these specific issues. The concensus from these several meetings is reflected in the following resolutions as adopted by that group. 1. By -Pass - The coalition reiterates strongly the DRC position that downtown redevelopment be accomplished through three phases to include an alternative traffic flow; and that during the, first two phases all imaginable solutions to the alternative traffic flow be experimented with and tried during those first two phases ins, order to come up with a solution. ' 2. Beautification - To establish a premise of a one million dollar limit for the taxing district for beautification, without the 20% added cost, and that $3S0,000.00 additional be requested from the city for a beautification project of $1,350,000.00. 3. Pazking Establish $800,000.00 as top budget figure for acquisition and construction of parking; and that such parking be acquired as suitably and adequately as possible, and to serve as close in as possible. 4. Financing - The group endorse to the city council the "10-4-1 Plan" of financing the downtown project, which calls for a combined beautification and parking project of $1.8 million. The Special Improvement District would involve only Zones 1, 2, and 3 of the original district, paying for a $700,000.00 beautification plan, financed at 6 1/4 o interest for 15 years resulting in a charge of 10¢ per square foot in Zone 1, 44 per square foot in Zone 2, and 1¢ a square foot in Zone 3. The General Improvement District would encompass the original district boundary and would involve $1.1 million in parking and beautification, financed at 6% interest for a period of 20 years, involve a 15 mill assessment and use of parking credits and single family residence rebates. 227 From your vantage point, these may be imperfect solutions to some of the problems of downtown redevelopment. I would, however, ask you to be as positive in ,your deliberations as were those who have given their time in this effort. The road will always be blocked in some way or another. The challenge then is to remove the obstacles and proceed toward implementation. The message seems clear.. Do downtown businessmen want a program? Yes. Are they willing to pay for it? Yes. Can the program be scaled to the budget indicated without loss of integrity of design? Yes, by statement of your downtown redevelop- ment project manager. Yes, by concensus of the coalition group. Yes, by the architect responsible for the design. Do downtown businessmen desire help from the city? Yes. Do they want to proceed? Yes, as soon as possible. Additionally, the coalition makes the following observations and recommendations: 1. The maintence of beautification is properly a city function as in other areas where center islands are maintained. 2. The city should consider appointing a special task force on implementing the _ redevelopment program with strong emphasis on cost analysis. 3. The city should continue and expand efforts to encourage a program for store front rejuvination, i.e., code requirements. 4. The city should explore a means to include the old post office as a part of the ' Oak Street Plaza. I am satisfied in the commitment of downtown businessmen toward completion of this project. I am optimistic in regard to your ability to react to that impetus. I apprecaite the confidence placed in me by the city council and I share the view of all concerned when I say if this effort results in a forward step the time was well spent. 0. K. Sherwood 228 1 -<Z/7HZ5'3,V into r, Z F-- ark 1 —Y2 MAP II SPECIAL ASSESSMENT DISTRICT REVISED 8/6/76 Central FORT COLLINS, Colorado (The General Improvement District has the same outer boundary as th Special District, but without the zones.) 4 7:7j F---� -4 t; A6 MulbQ ry r till r=� Ed Myrtle"_-t� EE7 =0 1 7� NIP Laurel I -0009� 117 F1 77-77 I City Attorney March stated that if Council desired to proceed as this report indicates, then the initiation of the Special ' Improvement District is still all right and Council could act on that now or at a future time. He recommended Council act on that at a future time because of another factor. The General Improvement District as advertised was a district only to provide parking and therefore, it cannot be considered as a district to provide beautification, that requires that Council start that district over again and advertise as a district for both purposes. The+:City Attorney stated further he had talked to bond counsel on that subject and there is -just no way around that. Another reason is that there is still a need to come up with a plan, in some form, that gets down to the dollar amounts that are being talked about. The City Attorney recommended that Council table the hearing on the formation of the Special Improvement District until October 19, 1976 at 5:30 P.M. and that Council in addition pass a resolution reinstating the General Improvement District for both purposes, scheduling a hearing on October 19, 1976 as well. In order to arrive at a new plan, Moderator Sherwood recommended members to make up a new task force to arrive at':a plan. Council ' considered possible areas of relief for residents and single family homes. Attornev March recommended Council now get back to the formal hearing; that through. In connection ' the two ordinances and carry with Ordinance No. 77, 1976 and for the record, there have been some remonstrances filed which should be made a matter of record; they are as follows: 1. Red Dot Vending Co., Inc., 220 North Howes, as the owners of lots 29, 30, 31, 32 and 33 in block 32. 2. Marguerite Hugane, 4612 Terry Lake Road, as co-owner of 317 East Olive. 3. Catherine S. Kob, 201 South Meldrum. Mayor Wilkinson inquired if there were other objections to this district. None were voiced. Councilman Bowling made a motion, seconded by Councilman Russell to kill this (General Improvement District) district. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. City Clerk Verna Lewis read the resolution at length. 230 ' 1 1 Councilwoman Reevesmade a motion, seconded by Councilwoman Gray to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. (Councilman Russell out of room.) RESOLUTION 76-63 OF THE COUNCIL OF THE CItY OF FORT COLLINS SETTING FORTH THE INTENT OF THE CITY COUNCIL TO CREATE A GENERAL IMPROVEMENT DISTRICT .PURSUANT TO ORDINANCE NO. 45, 1976 WHEREAS, heretofore the City of Fort Collins caused a study to be made by Barton-Aschman Associates, Inc., of the downtown area of the City; and WHEREAS, such study was completed and received by the City Council; and WHEREAS, after public hearings on the report of Barton- Aschman Associates, Inc., the City Council determined to implement the recommendations contained in such report; and WHEREAS, thereafter the City Council created the Downtown Redevelopment Commission for the purpose of developing a program to implement the recommendations of the Barton- Aschman study and also employed The Joint Venture of EDAW, Inc. and Johnson, Johnson & Roy, Inc., landscape architects, to develop plans to implement such recommendations; and WHEREAS, the architects have completed the design development stage for the project and the Downtown Redevelop- ment Commission has considered the plans developed by the architects and has held public hearings and made its report to the City Council; and WHEREAS, concurrently and in conjunction with the other studies, the City Administration has also conducted studies and has made a further report and recommendation on this subject to the City Council; and WHEREAS, the City Council on August 17, 1976, by resolu- tions, initiated a general improvement district and a special improvement district for the purpose of continuing the project of renovating and developing the downtown area of the City; and 231 WHEREAS, notices were given to interested parties of the intent to form such districts which resulted in additional recommendations and reports made to the City Council; and WHEREAS, the City Council desires to pursue the recommenda- tions made for the improvement of the downtown area of the City; and WHEREAS, the most recent recommendations made include the recommendation for the formation of a general improvement district as hereinafter described. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: 1. Pursuant to the provisions of Ordinance No. 45, 1976, the City Council hereby declares its intent to form a local improvement district for the purpose of improving the visual ao_oearance of streets and other public ways and to make such streets and other public ways better accommodate pedestrians and vehicular traffic within the district, such improvements to include generally construction.and reconstruc- tion of sidewalks, curbs, gutters and streets, installation of planters and landscaping, installation of street furniture, installation of plazas, installation of light signalization for traffic and other allied improvements, and for the purpose of acquiring property and constructing parking facilities thereon to serve the area encompassed within the ' district. 2. The estimated cost of the proposed improvements to be acquired and constructed in the district is One Million One Hundred Thousand Dollars ($1,100,000.00). 3. The name of the proposed district shall be City of Fort Collins General Improvement District No. 1. 4. The boundaries of the proposed district are as follows: Beginning at the intersection of Maple and:'Meldrum, go easterly on Maple to the intersection of Maple and College; turn south-easterly onto Jefferson Street; and proceed to the intersection of Whedbee and Jefferson; turn southerly onto Whedbee and continue to the4inter- section of Oak and Whedbee; turn westerly on Oak Street to the intersection of Oak and the north -south alley in Block 152 bounded by Oak, Whedbee, Olive and Peterson; turn southerly down said alley to the intersection of the alley and Olive; turn west on Olive and continue to the intersection of Olive and Peterson; turn south on Peterson to the intersection of Peterson and the east- ' 232 west alley of Block 144 bounded by Magnolia, Peterson, Mulberry and Mathews; turn west into said alley and ' continue to the intersection with Mathews; turn south on Mathews and continue to the intersection of Mathews and Mulberry; turn west on Mulberry and continue to the intersection of Mulberry and the north -south alley in Bloc): 94 bounded by Magnolid, Howes, Mulberry, and Meld -um; turn north into said alley and continue to the intersection with Magnolia; turn west on Magnolia and continue to the intersection of Magnolia and Sherwood; turn north on Sherwood and continue to the intersection of Sherwood and Olive; turn east on Olive and continue to the intersection of Olive and the north -south alley of Block 82 bounded by Oak, Meldrum, Olive and Sherwood; turn north on said alley and continue across Oak to the southeast corner of the property owned by Ray and St. Croix (the East 35 feet of Lots 9 and 10, Block 81 in the City); turn west and continue along southern property line of said property to the southwest corner, turn north and continue along western property line of said property and continue in a straight line to Mountain Avenue; turn east on Mountain to the intersection of Meldrum and Mountain; turn north on Meldrum to the point of beginning; ' and consists of.the following described property: Blocks 83, 42, 41, 91, 92, 93, 32, 31, 101, 102, 103, 104, 22, 21, 111, 112, 113, 114, 121, 122, 123, 124, 131, 132, 133, 134, 141, 142, 143, 151, 11, 12, 13, 14, , 18 and 19; ALSO the East 1/2 of Block 82, the East 1/2 of Block 81, the East 1/2 of Block 94, the West 1/2 of Block 152 and the North 1/2 of Block 144; ALSO the East 35 feet of Lots 9 and 10, Block 81; all in the City of Fort Collins, Colorado, according to Town Plat dated January 16, 1873, and recorded January 18, 1873, in the office of the Larimer County Clerk and Recorder. 5. October 19, 1976, at 5:30 P.M., or as soon there- after a�; the matter may come on for hearing before the City Council in the Council Chambers, City Hall, 360 LaPorte Avenue, Fort Collins, Colorado, is hereby established as the date, time and place for a hearing on the creation of the proposed district. The"City Clerk is hereby directed to give notice of such hearing by publication of the notice attached hereto and mailing of the same to each registered elector of the district in the manner required by C.R.S. 1973, Section 31-25-606., . 233 Passed and adopted at a Council held this day ATTEST - City Clerk reg ar meeting of the City of — 1976. Mayor Hearing on Proposed Special Improvement District Formation Created by Ordinance No. 76, 1976 Mayor Wilkinson announced that this is the public hearing on the formation of the Downtown Improvement District, that the notice was properly made and notices mailed. Council then considered the following remonstrances which were read at length and made a part of the record: 1. Red Dot Vending Co. -.Inc., 220 North Howes, objecting to their inclusion in the district as owners of lots 29, 30, 31, 32 and 33 in block 32. 2. The Colorado and Southern Railway Company, 500 Security Bank Building, Billings, Montana, protesting against the assessment of any of its right of way track and property for any part of "improvements." 3. Marguerite Hugane, 4612 Terry Lake Road, objecting as co-owner of 317 East Olive to the inclusion in the district. 4. Catherine S. Kob, 201 South Meldrum, protesting the inclusion in the district. 5. Janet G. Sheppard, 318 South Sherwood, objecting to inclusion of her property in the district. Mayor Wilkinson then inquired if there were further objections or remonstrances. Hearing none, Council then had extended discussion on reducing the improvements to be installed, the area which would encompass the district and the possible reduction of the total cost of the district at the conclusion of the hearing. Councilman Bowling made a motion, seconded by Councilman Russell to continue the hearing on the formation of the district to 5:30 p.m. on October 19, 1976 and to instruct the Administration to work with other interested parties to reduce the cost.and area of the district. 234 1 Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 1977 Budget Received; Dates Set for Public Hearings Following is the City Manager's memorandum and recommendation on this item: "On Tuesday evening September 21st, we will present a memo indicating the changes being recommended in the 1977 Preliminary Budget. We do not..propose to change the.body_.of the budget until.._.__ after Council has submitted its official input. The major change will be in the capital improvement program and will accommodate decisions made by the City Council at its September 7, 1976, meeting. The only other adjustments recommended are relatively minor. The City Council will still have to vote on a number of items introduced by the Administration or discussed at one of our official work -sessions. We will prepare..a-list of these items for Council. Also, we will present the list of items that the City Council requested be reported on and a list of long-range studies the administration will undertake in the near future. The Council should feel free to add or delete items on their lists.. Some of these reports will be available by Tuesday evening, September 21st. All items with regard to the 1977 Budget which require Council action will be available prior to the official public hearings. The two or more --public hearings will be official meetings and the Council may take official action at these times. We anticipate receiving the recommended allocation of the $85,000 for various social services that was previously approved by the City Council. The Council can vote on the individual recommendations at these official public hearings. The month of September was devoted to preparation of the Administration's budget recommendation. The month of October will be devoted to the Council's response and action on the budget. Hopefully our joint goal is to prepare and adopt the best possible balanced budget for the citizens of Fort Collins at the most reasonable, economical price for services. After Council completes its final recommendation concerning the 1977 Budget, we can incorporate these changes into a final budget document and officially adopt the 1977 Budget on October 19, 1976. Recommendation: The Administration recommends that the City Council receive the City Manager's recommended 1977 Budget and establish official public hearings for the evenings of October 11 and 12, 1176, ' at 7:30 p.m. in the Council Chambers."' 235 Councilman Bowling made a motion, seconded by Councilwoman Gray to receive the 1977 Budget and to set the public hearing dates. I Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Recommended Name. Change for Auditorium/Art Complex Approved Following is the City Manager's memorandum on this item "At its September 7, 1976, meeting the City Council discussed the Seven Year Capital Improvements Program. Included in the material sent to Council was a recommendation from the Cultural Resources Board that the name of the Auditorium/Art Complex be changed to Lincoln Community Center. The group feels this change would more clearly define the multi -use complex." Councilman Bowling made a motion, seconded by Councilwoman Gray to designate as the Lincoln Community Center as the name for the Auditorium/Art Complex. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Approval of Name Change for Pioneer Museum Following is the City Manager's memorandum on this item: "At the September 7, 1976, meeting, the Council discussed the Capital Improvements Program. Part of the material sent to Council included the recommendation of the Cultural Resources Board to change the name of the Pioneer Museum to the Fort Collins Museum. The Board feels the name change will significantly change the philosophy in the overall use of the museum. They feel the museum should have a broader definition than just a pioneer designation. We concur with their recommendation." Councilman Suinn made a motion, seconded by Councilwoman Gray to officially name the new museum the Fort Collins Museum. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Approval of Statement of Purpose and Statement of Collecting Policy for New Museum Following is the City Manager's memorandum and recommendation on this item: "At the September 7, 1976, City Council meeting there was a 236 1 FJ discussion of the Seven -Year Capital Improvements Program. Included in the material sent to Council was recommendations from our Cultural Resources Board concerning Statement.of Purpose and Statement of Collecting Policy for the Fort Collins Museum. The City recently authorized Stinett Builders to be the construction manager for the museum complex. We hope to complete this work by March, 1977. We also are working on the cataloging and advance planning for new museum facilities. Therefore, it is important to acknowledge the Statement of Purpose and Statement of Collecting Policy. Both of these Statements are well prepared and thought out, and will help to give us guidance in our deliberations. However, I am sure there will be changes made from time to time. Recommendation: The Administration recommends that the Council initially adopt the Statement of Purpose and Statement of Co11_ecting. Policy for the Fort Collins Museum." Councilwoman Reeves made a motion, seconded by Councilwoman Gray to adopt the recommendation on this item. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None Acquisition of Properties in City Hall Block ' Following is a' portion of the City Manager's memorandum and the memorandum from the Special Projects Director, Eldon F. Holmes. "The Land Acquisition office has been negotiating for the acquisition of the remaining privately -owned properties in the City Hall block. We currently have condemnation pending for the acquisition of the Christensen property at 320 Laporte Avenue. We also have author- ization to bring condemnation proceedings for acquisition of the Quintana property at 321 Maple Street. There are three remaining properties which we have been negotatingto purchase which are the following: Property of Mrs. Charlotte White at 210 North Meldrum Property of Mike Ambriz at 214 North Meldrum Property of Donald L. Horak at 222 North Meldrum" 210 North Meldrum -- Mrs. Charlotte White This property was appraised by Don Shannon on March 12, 1975, at $31,400. In light of the date of this appraisal, we had Shannon reappraise this property. His reappraisal is $36,000. We have ' offered $36,000 for the property and that offer has been accepted. 237 214 North Meldrum -- Mike Ambriz This property was appraised Ty —Shannon, March 12, 1975, at ' $25,000 and was reappraised by him at $28,000. We have offered $27,500 for same. The owner has signed a sales agreement at that amount. 222 North Meldrum This property is owned by Donald L. Horak. Shannon appraised the property Match 12, 1975, at $20,000. The then owner sold the property to the present owners on or about December 31, 1975, for $21,200. The property is under lease at $291 per month, plus utilities, to college students. It is pretty good rental property. At our request, this property has been reappraised by Shannon; his reappraisal was $23,000. It looks like this price may be acceptable to the owner. We will know officially on Friday afternoon, September 17, 1976. Councilwoman Reeves made a motion, seconded by Councilman Bowling to authorize the administration to purchase all three pieces of property as listed in Mr. Holmes's memorandum; (210 North Meldrum, $36,000; 214 North Meldrum, $27,500 and 222 North Meldrum, $23,000) Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Camille Subdivision Second Filine ' Approved Following is the City Manager's memorandum on this item: "The Camille Subdivision consists of four, single-family residential lots located on the east side of Fuqua Drive at West Lake Street. The Planning and Zoning Board recommended approval of this final plat subject to meeting several recommendations for revisions concerning utility easements at their August 9, 1976, meeting. All of these revisions have now been made." Councilman Bowling made a motion, seconded by Councilwoman Gray to approve the Camille Subdivision, Final Plat. Yeas: Council - members Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Gallegos Annexation Referred to City Attorney for Ordinance Preparation Following is the City Manager's memorandum on this item "This annexation consists of one acre located:at 720 Wood Street. This property has been surrounded on three sides by the city limits for over three years. It was decided between the City and the 238 r County that the City should take steps to annex into the City rather than have it zoned in the County. The owner has asked ' the staff to initiate voluntary annexation of his property. At the September 8,1976, meeting, the Planning and Zoning Board recommended that -this property be annexed into the City with C, Commercial Zoning." Councilman Suinn requested that the administration write a letter of appreciation to the County Commissioners regarding having this property zoned in the City rather than in the County. Councilman Bowling made a motion, seconded by Councilman Russell to refer this item to the City Attorney for necessary ordinances annexing and zoning the property. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Consider Various Easements Following is the City Manager's memorandum on this item: 1. Easement from Wayne K_ Schrader for the installation and continued operation, maintenance, repair, alteration, inspection and replacement of the underground and/or overhead electric transmission and distribution lines of the City at 201 West ' Stuart (Schrader's Car Wash), for the purpose of installing electric service to that address. Consideration: $1.00 2. Easement from Lyle D. and Jerri H. Marcy for the installation and continued operation, maintenance, repair, alteration, inspection, and replacement of the underground electric transmission and distribution lines of the City at 1913 West Plum, for the purpose of a streetlight fee. Consideration: $1.00" Councilman Russell made a motion, seconded by Councilwoman Gray to accept the above easements. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Approval of Roof and Miscellaneous Repair Work at Avery House Following is the City Manager's memorandum and recommendation on this item: 239 "Since the City acquired the Avery House several years ago, very little has been done to start work on the restoration. We all , recognize the fact that initially we need to repair and/or replace the roof along with other outside work. The next level of work is in relation to the heating, electrical, and plumbing systems. Our major problem is the lack of funds for this project. The City Council has indicated to the Administration on several occasions that the City's contribution excluding any grants or outside revenue should not exceed $100,000. At the present time we have a tentative 88,000 grant for restoration work that can be used on a match basis for the roof repair work. June Bennett and the Poudre Landmark Commission have also been instrumental in obtaining a grant for $10,000 for restoration work including the plumbing, heating, and electrical systems. We may not have enough money to match both of these grants, but we will examine them carefully before authorizing any work above the $100,000 commitment. Initially, we talked about having authentic restoration. Some of this restoration seemed unreasonable, such as requiring lead gutter that had to be purchased from England. Since the work is fairly difficult, nobody will give us a firm bid, but only do it on a time and material basis. We are still trying to confirm that we can do this under the grant procedure. However, if we ' have to go to a firm bid, the prices will be considerably higher. On Wednesday, September 15, 1976, the committee working on this project consisting of June Bennett, Jack Curfman, and Bill Holmes, met with Ray Dixon, Chairman of the Cultural Resources Board, Ellen Thexton, Cultural Affairs Director, Chuck Burchfield from the Poudre Landmark Foundation, and me. We unanimously agreed to recommend awarding the contract to Al Hockett. Since this proposal is based on an estimated cost and not a bid, the Council's approval is required. Recommendation: The Administration recommended that the proposal to do the work on the Avery House roof and other outside work be awarded to Al Hockett for an estimated sum of $24,000, subject to receiving approval on this method of bidding from the State Historical Society. The contract should be drawn to protect against any major cost overruns, and the project should be closely monitored." Councilman Bowling made a motion, seconded by Councilwoman Reeves to adopt the recommendation of the administration. Yeas: Council - members Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 240 ' Change in Avery House Restoration Committee Approved Following is a memorandum from Ray Dixon, Chairman of the Cultural Resources Board on this item: As Chairman of the Cultural Resources Board, I would like to direct the follow- ing proposal to the City Manager and the City Council of the City of Fort Collins.. From the Minutes of the Cultural Resources Board meeting of August 25, 1976: MOTION by Mr. Hagemeister In view of the fact that Mr. Holmes stated during the June 23rd Cultural Resources Board meeting, that he no longer would be connected with Cultural Resources activities as staff representative and as Ellen Thexton is now in office as Cultural Resources Director, and is charged with the responsibility for Avery House, according to the job description, it is moved that Ellen Thexton be appointed as of this date, as City Staff Representative to the 3-member Avery House sub -committee. Mr. Loomis seconded the motion. ' Yeas: Unanimous. Nayes: none Councilman Bowling made a motion, seconded by Councilman Russell to appoint Ellen Thexton, Cultural Resources Director, as the City's representative on the Avery House subcommittee. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Cemetery Fees Approved Following is the City Manager's memorandum on this item: "In August the City Council held a work session on the cemetery fee schedule. The Administration had recommended that these fees be raised due to increased costs. At that work session, Councilman Russell brought up some questions about the operation procedures and expenditures at other cemeteries. Attached is a cemetery maintenance expense study comparing the costs at the various cemeteries that were mentioned. 241 Also, at that time, City Council requested that we meet with the Fort Collins funeral directors. On Wednesday, September 15, ' 1976, we met with the three directors. There was some disagree- ment as to the need for an increase and discussion on whether or not we had to continue the same maintenance level. The attached rate study indicates that we are in a relatively favorable position. However, we feel this operation, along with others, should be evaluated more carefully to determine the level of services the public and City Council want and are willing to pay for. Basically, the majority approved the revision to the pay plan and cemetery fee schedule. They did feel the increase at Roselawn was too high, and therefore, should be revised downward somewhat. They also feel perpetual care should be increased. As a result of our discussions, it was the consensus of the entire group that the following changes should be made in the adult grave space section: Original 1977 Fees Revised 1977 Fees 1976 Fees Recommended Recommended Grandview $180 $190 $190 Perpetual Care 40 40 50 Total 20 30 T40 Roselawn $140 $180 $150 , Perpetual Care 40 40 50 Total U-9 20 200 The group also feels we should charge Veterans for the border and foundation and keep the indigent grave space the same in the future since nobody makes any money on this type of program." Councilman Russell stated he would like to go on record as opposing the increases in the cemetery fees. He then asked permission to leave the room while this item is discussed. Councilwoman Gray made a motion, seconded by Councilman Suinn to approve the revised recommended fee schedule for 1977. Yeas: Councilmembers Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. (Councilman Russell out of room.) Resolution Adopted Opposing the Initiated Constitution Amendment No. 10 Requiring Elector Approval of Taxation The Colorado Municipal League, the Colorado Association of Counties and other groups are opposing Proposition No. 10 which reads as follows: 242 AMENDMENT NO. 10 -- INITIATED PROPOSAL Any other provision of this constitution, or of any statute, home rule charter, territorial charter, resolution or ordinance to the contrary notwithstanding, no tax may be instituted, im- plemented, imposed, restored or increased, by any method, by the state or any political subdivision thereof, without the prior affirmative vote thereon of a majority of the registered electors residing within the jurisdictional boundaries of the taxing authority imposing the tax in question, at a general or special election. .For the purposes of this section the term "tax" shall include any and all devices by which wealth in any form is transferred from persons, natural or artificial , to any level of government of the state or any political subdivision thereof. Any tax legally authorized prior to the effective date of this section shall be valid only to the extent and rates at which it is actually being imposed on the effective date hereof. The intent of this section is to require elector approval of governmental acts which result in new or increased taxes. This section is in all respects self-executing. ' Councilman Bowlingmade a motion seconded b Councilwoman Gray y y to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. (Councilman Russell out of room.) RESOLUTION 76-64 OF.THE COUNCIL OF THE CITY OF FORT COLLINS: OPPOSING THE INITIATED CONSTITUTIONAL AMENDMENT NO. 10 REQUIRING ELECTOR APPROVAL OF TAXATION WHEREAS, there is an intiated constitutional amendment which, if passed, would require elections on all new or increased taxes of state and local government; and WHEREAS, representative government is a fundamental part of the American system of self-government and elected officials are responsive to the needs and desires of concerned citizens; and WHEREAS, oassage of this amendment may freeze existing inequities in our system of state and local taxation even where tax adjustments are accompanied by off -setting tax reductions; and 243 WHEREAS, placing additional burdens on the power to tax would hamper the ability of municipalities to provide necessary services and improvements for their citizens and to fulfill the expanding obligations imposed on municipalities by federal and state governments; and WHEREAS, this amendment would require an election on every.tax adjust- ment necessary to meet increased revenue needs, thus imposing significant finan- cial and administrative burdens; and WHEREAS, this amendment defines tax so broadly as to possibly include non -tax items such as user fees and charges necessary to offset operating expenses for various government services. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City of Fort Collins opposes and urges defeat of theinitiated constitu- tional amendment requiring elector approval of taxation. Passed and adopted at a regular meeting of the City Council held this 21st day of September , A.D. 1976. Aayor ATTEST: , ?Z///la(io -City Clerk Citizen Participation Herb Brauer, 421 South Howes, spoke in opposition to Council funding DT for the 1977 budget. Report From City Manager City Manager Brunton made the following report and announcements: (a) The City Manager and City Attorney have met with the trash haulers; the trash haulers are planning to go to the Public Utilities Commission to seek a ruling and cost figures. (b) The Administration has been, informed that_the._Courts have ruled in favor of the City of Loveland,versus the Public Utilities Commission regarding the Electric Utility. 244 'q (c) The Airport Manager has informed the Administration that it will probably be Tuesday, September 28th before the Airport Board can get the bids on the apron construction and reconstruction at the airport. (d) The City Manager also announced the following personnel changes: (1) Barbara Oglesby of the Planning Office has resigned to accept a position in Greeley. (2) Terril Knight of the Planning Office has resigned to accept a position in Eagle County. (3) The City has just hired James David McClure as Equipment Superintendent. (e) The City Administration Staff went to Computer School on September 16, 1976. (f) The City will again give flu shots to the City employees wishing them on October 1 and October 8. (g) Mr. Abel Amaya has resigned from the Recreation Board. (h) The Police Department_ has monitored the speeding at Prospect ' and on Drake and have issued a total of 22 tickets in a week and a half. (i) The traffic signals are being installed eft Horsetooth and College and should be completed by the end of the first week in October. (j) Councilwoman Gray requested a report on traffic at City Park and Elizabeth. (k) The starling situation on Loomis Street is now under control. (1) The Airport Board has interviewed five different firms to do the overlay work at the airport. The committee has recommended to the Board that Gregg Isbill and Associates do the work. Report From Council Members on Committees 1. Councilman Bowling stated the COG has made their selection for Director. 2. Councilman Bowling also addressed an article from the Steamboat News. 245 3. Councilman Russell reported on the recent Tour of Bond Dealers arranged by the Platte River Power Authority. 4. Copies of the Mayor's Statement before the Land Use Commission were distributed to the Council_ 5. Mayor Wilkinson stated he would like to acknowledge receipt of a letter from Arvid R. Bloom which is dated September 21, 1976 stating as follows: "My resignation is effective immediately," signed Arvid R. Bloom. 6. City Manager Brunton distributed written sheets with recommended items to go into the time capsule at the Library Corner Stone. Adjournment Mayor Wilkinson declared the meeting adjourned to 1:30 P.M. on Tuesday, September 28, 1976 for the purpose of appointing a Task Force Committee on the Downtown Redevelopment and reviewing and approving bids for apron expansion at the airport. The meeting was adjourned at 9:50 P.M. ATTEST: z 1-el� 5, � e� City Clerk 246 1