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HomeMy WebLinkAboutMINUTES-10/05/1976-RegularOctober 5, 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, October 5, 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, Reeves, Russell, Suinn and Wilkinson. (Secretary's Note: Councilwoman Gray arrived later in the meeting.) Staff Members Present: Brunton, Kaplan, Bingman, Deibel, DiTullio, Krempel and Lewis. Also: City Attorney Arthur March, Jr. Minutes of* the Regular Meeting of September 7, 1976 -Approved as Corrected and the Adjourned Meeting of September 8,1976 Approved as Published Councilman Bloom stated that on page 183 he was recorded as voting twice on one issue and he had voted in the negative. Councilman Russell made a motion, seconded by Councilman Suinn to "approve the minutes of the regular meeting of September 7, 1976 as corrected and the adjourned meeting of September 8, 1976 as published. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. Ordinance Adopted on Second Reading Establishing the Mill Levy for the City Following is the City Manager's memorandum on this item: "At its September 21, 1976, meeting the Fort Collins City Council adopted Ordinance No. 75, 1976, on first reading. The State Statutes require that the tax levy be certified to the County Commissioners no later than November 1st. Unfortunately, this is an earlier date than the dates for the approval of the total budget. If we do not change the tax rate, this does not make much difference. The proposed budget for 1977 calls for the same ten mill levy." 266 1 Councilman Bowling made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 75, 1976 on second reading. Yeas: Council - members Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: Councilman Bloom. ORDINANCE N0. 75, 1976 BEING AN ORDINANCE ESTABLISHING THE MILL LEVY FOR THE CITY OF FORT COLLINS FOR THE YEAR 1977 AND DIRECTING THE CITY CLERK TO CERTIFY SAID LEVY TO THE BOARD OF COUNTY COMMISSIONERS WHEREAS, Section 39-5-128, C.R.S. 1973, requires municipalities to establish the mill levy for the municipality for the coming year and certify the same to the Board of County Commissioners of the county no later than the 1st day of November of each year; and WHEREAS, the mill levy for the City of Fort Collins for the past year has been ten (10) mills; and WHEREAS, the Charter of the City of Fort Collins (Section 7, Article V) provides that the mill levy for the City cannot exceed fifteen (15) mills; and �d WHEREAS, the City Council has duly considered this matter and has determined that the mill levy for the City of Fort Collins for the year 1977 should be ten (10) mills. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the mill levy for the City of Fort Collins for the year 1977 be, and the same hereby is, established at ten (10) mills on each dollar of assessed valuation of taxable property within the City of Fort Collins. Section 2. The City Clerk is hereby directed to certify this mill levy to the Board of County Commissioners of Larimer County no later than November 1, 1976. Introduced, considered favorably on first reading, and ordered pub- lished this 21st day of September, A.D. 1976, and to be presented for final passage on the 5th day of October, A.D. 1976. ATTEST: k%%_ 's City Clerk Mayor Passed and adopted on final reading this 5th day of October, A.D. 1976. ATTEST: City Clerk Mayor 267 First Reading:, September 21, 1976 (Vote: Yeas: 6, Nays: 1) Second Reading: Octobei_5, 1976 (Vote: Yeas: 5, Nays: 1) Dates Published: September 26, 1976 and October 10, 1976 Attest: City Clerk Ordinance Ad the Human Ri ted as Amended on Second Reading Ai is Ordinance Relating to the Handi4 Following is the City Manager's memorandum on this item: "This matter was considered on first reading at the meeting of September 21st, 1976. After considerable discussion, the Council amended the ordinance as proposed by the Human Rights Commission and then adopted the ordinance in the amended form. In view of the amendments, a complete copy of the ordinance as amended is included in this agenda." City Attorney March stated a portion was left out in the retyping of the ordinance; in Section 1 in the third line, after the last word, the words; "reason or reason of discrimination." Councilman Russell made a motion, seconded by Councilwoman Reeves to amend the ordinance by adding the above. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Councilman Bloom made a motion, seconded by Councilman Russell to amend th'e ordinance by striking the word "psychological" in the third line in Section 2.A. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Councilman Suinn made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 54, 1976 as amended on second reading. Yeas: Councilmembers Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: Councilmembers Bloom and Russell. 268 1 1 ORDINANCE NO. 54, 1976 BEING AN ORDINANCE AMENDING SECTION 45-1 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO DISCRIMINATION .-AND: HUMAN RIGHTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 45-1 of the Code of the City of Fort Collins, be, and the same hereby is, amended by adding to the definition of DISCRIMINATE and DISCRIMINATE AGAINST; DISCRIMINATORY REASON or REASON OF DISCRIMINATION, the following: "Further, the foregoing shall include discrimination against a 'handicapped individual' as defined herein, when used in the areas of housing under Section 45-2, employment under _Section 45-3, and public accommodations under Section 45-4 of the Code of the City of Fort Collins." Section 2. That Section 45-1 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding thereto the following additional definitions: "A. 'HANDICAPPED INDIVIDUAL' means any person who has, has had, or is regarded as having, a physical impairment or is developmentally ' disabled, as defined herein, from physiological, or neurological condition which prevents the exercise of a normal physical function." "B. In reference to employment, HANDICAPPED INDIVIDUAL means a handicapped individual as defined above who is capable of performing a particular job, with reasonable accommodation to his handicap, at the level of productivity applicable to a nonhandicapped employee." "C. 'DEVELOPMENTAL DISABILITY' means a disability attributable to mental retardation, cerebral palsy, or epilepsy." Introduced, considered favorably on first reading, and ordered published this 21st day of September, A.D. 1976, and to be presented for final passage on the 5th day.of October, A.D. 1976. 24 ��e.0���_��-r..o� Ta'yor ATTEST: City Clerk Passed and adopted on final reading this 5th day of October, A.D. ' 1976. Mayor ATTEST: Ci y Clerk 269 First Reading: September 21, 1976 (Vote: Yeas: 6, Nays: 0) Second Reading: October 5, 1976 (Vote: Yeas: 5, Nays: 2) Dates Published: September 26, 1976 and October 10, 1976 Attest: City Clerk Ordinance Adopted on.First Reading Annexing the Gallegos Property to the City Following is the City Manager's memorandum on this item: "At its September 21, 1976, meeting the Fort Collins City Council discussed the recommendation to annex the one acre property to the City located at 720 Wood Street. This property has been totally surrounded by the City for three years. The City and the County decided that the City should take steps to annex it into the City rather than have it zoned in the County. The owner has asked the staff to initiate voluntary annexation of his property. The Planning and Zoning Board has recommended that this be annexed into the City with C-Commercial Zoning. At the September 21, 1976, meeting the Fort Collins City Council approved the proposed annexation and requested the City Attorney to prepare the necessary annexation and zoning papers." , City Attorney March stated, for the record, that he is advised that this property is, and has been for more than three years, totally surrounded by the City. Councilwoman Gray made a motion, seconded by Councilman Bowling to adopt Ordinance No..78, 1976 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Ordinance Adopted on First Reading Zoning the Property at 720 Wood Street Following is the City Manager's'memorandum on this item: "This ordinance is required as a companion ordinance to the annexa- tion ordinance of the Gallegos property at 720 Wood Street. The annexation and zoning were considered at the same time." Councilman Suinn made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 79, 1976 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 270 Ordinance Tabled on First Reading Rezoning the Seaman Subdivision to October 19, 1976 Following is the City Manager's memorandum on this item: "The proposed rezoning is for the six -lot Seaman Subdivision located on the south side of Prospect just East of Shields. The request is to rezone from R-L to R-M. The enclosed memo-- from Planning Staff sets forth the pros and cons on this application. The Planning and Zoning Board recommended against this rezoning. The enclosed ordinance would change the zoning as requested by the petitioner." City Manager Brunton stated he had received a request to table this item to a later date bacause the petitioner felt he did not have enough time to prepare; the staff has recommended against the rezoning. Mayor Wilkinson inquired if there was anyone in the audience wishing to address this item. No one appeared. Councilman Bowling made a motion, seconded by Councilman Suinn to table the hearing and first reading of Ordinance No. 80, 1976 to October 19, 1976. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: Councilman Russell. IOrdinance Adopted on First Reading Rezoning Southmoor Village, Seventh Filing Following is the City Manager's memorandum on this item: "Council has previously approved the plat of Southmoor Village, Seventh Filing, which was a Replat of a Portion of the Southmoor Village, Third Filing. Originally, this area was intended to be a planned unit development but has been replatted as a conventional subdivision anticipating 16 single-family lots and 10 duplex lots. The proposed rezoning is in accord with the plans presented at the time the Replat was approved. .-Staff and Planning and Zoning Board have recommended favorably on this rezoning." Councilwoman Reeves made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 81, 1976 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell, Suinn and -Wilkinson. Nays: None. 1 271 Resolution Adopted Approving Mutual Aid Agreement with Poudre Valley Rural Fire Protection District Following is the City Manager's memorandum on this item: "An agreement has been negotiated between the City and the surrounding Poudre Valley Fire Protection District. A copy of this agreement is enclosed The Administration feels this agreement is desirable since it insures that our fire personnel acting outside the City under the agreement will be protected by appropriate insurance and other coverage. The agreement also spells out jurisdictional determinations in advance so that each department will know where they stand in the event of a call. We have basically operated under this arrangement for some time but without a written agreement." Councilwoman Gray made a motion, seconded by Councilman Bloom to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. RESOLUTION 76-65 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A MUTUAL AID AGREEMENT ' WITH POUDRE VALLEY FIRE PROTECTION DISTRICT WHEREAS, the City Administration has recommended that a mutual aid agreement for fire protection be entered into between the City of Fort _Collins and the Poudre Valley Fire Protection District; and WHEREAS, a proposed agreement has been prepared and presented to the City Council, which agreement has been approved by the City Manager and the City Attorney; and WHEREAS, the City Council has considered said agreement and desires to approve and authorize the same. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of the proposed agreement with the Poudre Valley Fire Protection District, be and the same hereby are accepted and approved; and BE IT FURTHER RESOLVED that the City Manager and the City Clerk be, and they hereby. are authorized and directed to execute said agreement for and on behalf of the City of Fort Collins. 272, Passed and adopted at a regular meeting of the City Council held this 5th day of October,.Al.D., 1976. M2ryor ATTEST: V � . City C erk Sole Source Proposal for.Modular Building for Office Space for Computer and Management Information Staff Approved Following is the City Manager's memorandum and recommendation on this item: "Our purchasing ordinance requires that any purchase of over ' $10,000 as a sole source must be approved by the City Council in open meeting. For several months the Administration has been exploring various alternative methods for obtaining additional office space for our computer staff and for our new computer. We discussed this problem with the Council at the September 7, 1976, Council meeting. As a result of our analysis, we feel that a modular constructed building would be the' -best expenditure for the City while satisfying our needs. Since Union Manufacturing of Fort Collins is the only company in our immediate area that can build a modular facility, we asked them to submit a proposal to us. Basically, we will have a structure containing 1,440 square feet which will have space for our staff and the computer. This structure can be installed and ready for occupancy within eight weeks after a contract is signed. The price of this building is $40,135. (See Attachment A.) We had originally estimated that the cost would be approximately $35,000; however, the cost for the special heating and air-conditioning requirements were higher than we expected. One of the advantages of the modular structures is the ability to easily move it to another location. The -possibility of us selling this structure after the new city addition is constructed has always been considered in our deliberations. Consequently, we have been meeting with Bob Everitt of Everitt Enterprises, Inc., 273 concerning the possibility of him guaranteeing to the City a firm re -sale price. Mr. Everitt was receptive to our proposal and Union Manufacturing has subsequently agreed to buy the structure from us for $25,000 at the end of three years. Further,.we have the option of trying to sell it at a higher price to someone else. (See Attachment B.) The $25,000 re -sale is considerably higher than we expected and thereby reduces our total cost for this project. Purchase Price $40,135 Re -sale 25,000 Net Cost After 3 $15,135 Years 15,135 3 years = $5,045/year _ 1,440 sq. ft. _ $3.50/sq. ft. The $3.50 per square foot reflects only capital costs and does not include maintenance and utility expenses. The amount, however, is very attractive and well below our original estimates. Recommendation: The Administration recommends that the City Council allow the sole source purchase of the structure from Union Manufacturing in the amount of $40,135: (Funds are available in the Capital Improvement Budget.) It is further recommended that the City Attorney be instructed to draw up a contract with Union Manufacturing & ' Supply Co., Inca for the guaranteed resale price of $25,000." Councilman Bloom inquired when the building would be installed, when would the equipment arrive and if the Council had made a selection on the computer equipment. Assistant City Manager Mike DiTullio stated the building would be constructed within eight weeks after the contract is signed, the computer committee is drawing up the request.for proposal to_be_sent to computer vendors advertisements for bids will be on October 10, with a pre -bidding conference on October 20, with proposals to be received on November 20, 1976. Evaluations will be made on the proposals prior to January 1, 1977 with installation proposed for the Spring of 1977. Councilman Bowling stated that in checking he had found that the present use of the Community Center in the basement is not well utilized, and inquired if the staff had thought about utilizing that space. City Manager Brunton responded that they had looked at other sites but felt proximity to City Hall was critical. Councilman Suinn inquired into the timing on reporting to the Council from the Computer Committee on steps already taken and building usage. A report will be made in approximately 30 days. 274 Councilwoman Gray made a motion, seconded. by Councilwoman Reeves to approve the sole source purchase from Union Manufacturing in I the amount of $40,135. Yeas: Councilmembers Gray, Reeves, Russell, Suinn and Wilkinson. Nays: Councilmembers Bloom and Bowling. Brown Farm Easements Accepted Following is the City Manger's memorandum on this item: "The owners of the Brown Farm dedicated two easements to the City which were recorded before they were approved by the City Council. These easements are attached and have been reviewed by Roger Krempel and Roy Bingman. Roy had some doubt whether the easement across Lots 20 and 21 is needed; however, it does not appear that owner- ship of this easement can cause any problems, :3na it can be vacated in the future if it is not needed." Councilwoman Gray made a motion, seconded by Councilwoman Reeves to accept the two easements from Brown Farm. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Decision of Zoning Board of Appeals Concerning Property at 700 West Mountain Reversed ' This is the date set for hearing on this item. The request considered by the Zoning Board of Appeals was to allow the collection center of Recycle Something to be relocated in the grocery store on this property as an accessory use. The decision of the Zoning Board of Appeals was to deny the request thereby determining that the Recycle Collection Center was not a proper accessory to a grocery store. Council has received the pertinent material from the Zoning Board of Appeals relating to this matter. Mayor Wilkinson inquired if there was someone to address this Peggy Melena, spokesperson _ issue. Ms. n for Recycle Something gave testimony regarding the steps taken by the group to clean up the collection and establish better relations with the neighbors in the area. City Attorney March stated that this is an interpretation question as opposed to a variance question. Council does not have the power and neither does the Zoning Board of Appeals to allow'a use variance, therefore, it is a question of whether or not the operation proposed is an accessory use as an accessory use is defined in the ordinance. Council considered the need to address the growing need to provide 275 for recycling centers, the almost complete lack of grocery stores in R-L zones and the willingness of this group to police and keep ' the area clean. Zoning Board of Appeals member, John Clarke, spoke to the opposition voiced at the hearing regarding the lack of tidiness in the area. Councilman Bowling made a motion, seconded by Councilwoman Gray to reverse the decision of the Zoning Board of Appeals. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Suinn. Nays: Councilman Wilkinson. Councilman Bowling requested that Council direct the administration to look into this (Recycling Centers) to study the proper type of containers, screeners, or whatever for Recycling Centers and report back to the Council. Mayor Wilkinson stated the Administration was so instructed. Decision of Zoning Board of Appeals for Property at 1300 West Mountain Upheld Following is the City Manager's memorandum and recommendation on this item: "Enclosed are the materials constituting the record of the Zoning , Board of Appeals relating to this matter. The application was technically for a one foot side yard variance and was an application by the proposed purchaser of the property. The application was made because of a desire to change the use of the property from its residential configuration to that of a day care center. As reflected in the variance board's records, there were substantial neigborhood protests to this change primarily based on the other day care centers already in this area. The Zoning Board of Appeals denied the variance request, and the applicant has appealed that decision to the City Council. After this hearing was scheduled by the City Council, it was learned that another variance would be required if the property would be usedfor the proposed purpose. This second variance would be a 7- foot variance on the side yard requirement on the street side of the property. A hearing before the Zoning Board of Appeals has been scheduled for October 4; and assuming a desire to appeal any decision of the variance board from the hearing; the Council has agreed to extend the purpose of the appeal hearing to include this later variance request. Therefore, the record from that hearing will be available at the hearing and should also be considered by the Council. 276 1 Recommendation: The Administration recommends that the Council ' consider the records from the Zoning Board of Appeals hearing and any additional evidence presented, and make a decision whether to affirm or reverse the decision of the variance board." City Attorney March stated that before Council considers this item, there are two questions and two appeals, the memorandum indicates that an appeal was heard yesterday (October 4, copies of the minutes were distributed). There was an understanding by all parties, and it was announced at the Zoning Board of Appeals hearing that Council would be requested to consider both variance requests from both hearings under this procedure. Attorney Tom Metcalf, representing the petitioner, stated he would attempt to capsulize both appeals. The first request had been a variance from the code requirement of a five foot setback on the side yard to a 4k foot setback; the second variance involved a 15 foot setback on a reverse corner lot, the variance sought was for an 8 foot setback. Attorney Metcalf then presented petitions which contained 579 signatures, two letters from adjoining property owners adjoining the ' existing day care center which the applicant has, in support of the applicant. Further, Attorney Metcalf explained the applicant does have an existing day care center on West Prospect and she is asking to purchase this property as an additional facility. Twelve letters from a list of 36 people on a waiting list who wished to have their children in the applicant's day care center were also presented. The area is properly zoned for a day care center and there are two existing day care centers in the immediate area. Mayor Wilkinson then asked for those speaking in opposition to this variance to come forward. Those speaking were as follows: 1. Linda Brubaker, 1246 West Mountain, spoke to neighborhood' opposition relating to the lack of off-street parking and the increased traffic in the area. 2. Phyllis Wells, 1426 West Mountain, spoke to the problems of old neighborhoods making a change from single family residences to more intense uses. Zoning Board of Appeals member, John Clarke, spoke to the Board's deliberations on this item. City Attorney March again stated for the record, that Council is considering a side yard variance; the question of use is only pertinent as it pertains to variance. ' Council then again heard testimony from area residents opposed to the variance and persons in support of the granting of the variance 277 to allow the day care center. Councilwoman Gray spoke to the transition in the neighborhood. ' Councilwoman Gray made a motion, seconded by Councilman Bowling that Council uphold the decision of the Zoning Board of Appeals and deny the variance. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Councilman Bloom requested that Council instruct the staff to study the zoning and re-evaluate the concentration of day care centers in the existing zoning and come back to the City Council with a report in 30 days. Mayor Wilkinson then declared a recess for the supper hour Councilwoman Gray left the meeting at this time. Ordinance Adopted on First Reading Annexing the Vance First Annexation to the City of Fort Collins Following is the City Manager's memorandum on this item: "The hearing on this involuntary annexation was originally scheduled for August 17, 1976. After opening the hearing and receiving the objections of the owner through his attorney, ' Ralph Harden, the Council continued the hearing to October 5. This was to provide more time for the Planning Staff and owner to discuss possible zoning for the property and for the owner to determine his zoning desires. Also, Mr. Harden raised legal objections to the proposed annexation. The City Attorney has discussed this further with Mr. Harden, and it is his opinion, the annexation is proper and in accordance with the requirements of State law. Under the proposed ordinance, there will still be a 90-day period after the annexation within which the zoning issues can be resolved." Councilman Bowling made a motion, seconded by Councilman Bloom to remove this item from the table for consideration. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. Mr. Bob Shield, representing the owners, requested Council continue this hearing to a later date, as the owners desired more time to work out their negotiations with prospective buyers.. City Attorney March again stated that Council would still have a 90 day period to discuss the zoning and if there were still problems Council could continue the ordinance on.second reading. If Council wished to move ahead on this item, the resolution should be considered first. 278 1 1 City Clerk Verna Lewis read the resolution at length. Councilman Bowling made a motion, seconded by Councilwoman Reeves to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. RESOLUTION 76-66 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACTS AND CONCLUSIONS REGARDING THE VANCE FIRST ANNEXATION WHEREAS, annexation proceedings were heretofore initiated for lands to be known as the Vance First Annexation; and WHEREAS, Pursuant to resolution after notice given as required by law, the City Council has held a hearing on said Annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the City Council hereby finds that the area to be annexed has had for more than three years more than two-thirds of its boundary contiguous with the City of Fort Collins. Section 2. The City Council further finds and determines that the proposed annexation complies with the provisions of Section 31-12-105, C.R.S. 1973, as amended. Section 3. That the City Council concludes that the territory embraced in the Vance First Annexation is eligible for annexation to the City of Fort Collins and should be so annexed. Passed and adopted at a regular meeting of the City Council held this 5th day of October A.D., 1976. ATTEST: City Clerk UTi1Y/% �// r • 279 Councilman Bowling made a motion, seconded by Councilman Russell to adopt Ordinance No. 46, 1976 on first reading. Yeas: Council - members Bloom, Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. Scotch Pines P.U.D., 6th Filing: Final Plat Following is the Planning and Zoning Board's recommendation on this item: "Planning and Zoning Recommendation: Conditional Approval After considerable discussion, the Board voted 4-3 to recommend approval of the final plans conditional upon all of the revisions suggested by the Planning Office, (i.e. including that the side- walk be brought back from the street curb.) The developer still disagrees with this and would like a decision from the City Council. At this point, the specific recommendation by the Planning and Zoning Board and staff is that the final plat and the plans be approved by Council with the following conditions: 1. The sidewalk along Drake be brought back from the street , curb to the edge of the parking lot on the site plan, with a corresponding public access easement shown on the plat. 2. Utility plans be approved by the City Engineer. (They have not been approved yet because of the sidewalk issue.) 3. The required landscape bond and maintenance agreement be submitted for approval by the City Attorney. (The developer has agreed to do this.)" City Manager Brunton stated he had received a letter from Mr. Russell Martin of Woodward Governor regarding this item, relative to the agreement between the City, Woodward Governor and HCI and in particular to the placement of its sidewalk. Developer -owner, Mr. Eugene Mitchell, spoke to the existing side- walks at curb line from College Avenue to Lemay and the previous negotiations on this item. Councilwoman Reeves made a motion that the,plat be approved subject to all of the recommendations with the stipulation that sidewalks be placed at the curb five feet in width. (This motion died for a lack of a second.) 280 Councilman Suinn made a motion, seconded by Councilman Bowling to approve the Scotch Pines P.U.D., 6th Filing, Final Plat with the stipulation of a four -foot curb sidewalk and other stipulations recommended by staff. Yeas: Councilmembers Bloom, Bowling, Reeves, Suinn and Wilkinson. Nays: None. (Councilman Russell out of room. City's Alternate Member on County Planning Commission Approved Following is a memorandum from the Director of Planning on this item: "The newly elected chairman of the Planning and Zoning Board, Robert Burnham, also serves as the Board's alternate to the Larimer County Planning Commission. The Chairman has appointed Planning and Zoning Board member William Dressel to replace him as alternate. In the past, the Fort Collins Larimer County Commissioners who in turn officially notified the County Planning Commission of the appointment. Mr. Burnham has indicated to me that he will continue to attend the Planning Commission meetings until Mr. Dressel is officially notified of his appointment. I have told Mr. Burnham that I would notify you of the need to appropriately act upon the appointment of his replacement. Thank you for attention to this matter." ' Councilwoman Reeves made a motion, seconded by Councilman Bloom that Bill Dressel be the alternate to the Larimer County Planning Commission. Yeas: Councilmembers Bloom, Bowling, Reeves, Suinn and Wilkinson. Nays: None. (Councilman Russell out of room.) Offer of Sale of Pineridge Property Following is the City Manager's memorandum on this item: "The Administration has received a formal offer to seli the Pineridge property to the City at a price of $550,000. A copy of the agreement offering this sale which has been signed on behalf of the property owners is included in the agenda. You will note (paragraph 15) that there is a contingency in the agreement requiring that the City obtain satisfactory financing arrangements for the property. This contemplates an arrangement whereby the property would actually be purchased by the Open Space Foundation or some other organization having similar objectives, and this organization would then grant an option to the City to purchase the property in installments over a period of five years. This would require that this third party be able to raise the funds for the purchase by mortgaging the property using the City's option to substantiate the value of the property. 281 It is our understanding that representatives of the property owners will be present at the Council meeting to make a presenta- tion in connection with this offer." Mike Donaldson, 705 Cheyenne Drive, representing the owners of Pine Ridge Ltd. addressed the proposed contract. Attorney Tim Hasler and Jeff Bowen, representing the owners spoke in support of the offer. Mr. Howard Alden spoke to the position of the Greenbelt Association and their willingness to seek funds to alleviate the City's cash flow problems. Councilman Suinn made a motion seconded by Councilman Bowling that Council not accept the contract. Yeas: Councilmembers Bloom, Bowling, Russell, Suinn and Wilkinson. Nays: Councilwoman Reeves. Ordinance Adopted on First Reading Relating to the Vacation of an Alley in Block 136 Following is the City Manager's memorandum on this item: "The enclosed petition requests that the City vacate a portion of an alley in Block 136 upon which a residence encroaches. This situation has come up several times in the past and the Council has vacated the portion of the alley affected by the encroachment at ; the request of the property owner, if the property owner signs an agreement agreeing to rededicate the alley if the improvements are ever removed. In addition to the petition, the agenda includes a drawing of a survey showing the encroachment and an agreement which the owner has accepted, agreeing to rededicate the alley if the improvements are removed. The enclosed ordinance would accomplish this vacation." Councilman Bloom made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 82, 1976 on first reading. Yeas: Council - members Bloom, Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. Consider Request for Out -of -City Sewer Tap at 427 West Willox Lane Following is the City Manager's memorandum on this item: "The owners of the property at 427 West Willox Lane have requested a tap on the City sewer utility in order to serve a proposed single- family residence. Under the requirement-; of City ordinances this request must be approved by both the Water Board and the City Council since the owners desire only sewer service and not water service. The Water Board has recommended that this tap be granted." 282 Councilman Russell made a motion, seconded by Councilman Bowling that Council approve and grant the request for the tap. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell and Suinn. Nays: None. (Mayor Wilkinson out of room.) Consider Request for Out -of -City Sewer Tap at 200 North Taft Hill Road Following is the City Manager's memorandum and recommendation on this item: "This is another request for a sewer tap outside the City Limits. In this case, however, the property is contiguous to the City and therefore eligible for annexation. The Water Board recommended that the tap be granted conditioned on the annexation of the property to the City. Recommendation: The Administration recommends that Council approve this tap provided the owner annexes the property to the City and converts electric utility to the City. Under current City policy it would not be necessary to convert the water service, and this should be left optional with the owner." Councilman Russell made a motion, seconded by Councilman Bowling ' to adopt the recommendation of the administration. Yeas: Council- l members Bloom, Bowling, Reeves, Russell and Suinn. Nays: None. (Mayor Wilkinson out of room.) i Ordinance Adopted on First Reading Transferring Surplus Finds in the Landmark Preservation Account and the Youth Center Construction Account of the Capital Improvements Fund to the Seven Year Capital Improvements Program Account of the Capital Improvements Fund Following is the City Manager's memorandum on this item: "The management letter from Al Kruchten recommends intergrating funds set aside for Landmark Preservation and Youth Center Construction into the Seven Year Capital Improvements Program. The Landmark Preservation project was accomplished by the acquisition of the Avery House, and the Youth Center Construction project was accomplished by the acquisition and remodeling program which are pending. Therefore, both of these accounts represent surplus funds, and the amounts in them should be transferred to the Seven Year Capital Improvements Program which fund these acquisitions. The present balance on hand in these accounts are as follows: Landmark Preservation Youth Center Construction Q:S] $ 180.57 76,547.00" Councilman Bloom made a motion, seconded by Councilman Russell to adopt Ordinance No. 83, 1976 on first reading. Yeas: Council - members Bloom, Bowling, Reeves, Russell and Suinn. Nays: None. (Mayor Wilkinson out of room.) Citizen Participation Vice Mayor Reeves inquired if there were any discussion on any item not on the agenda. Hearing none, Council moved on to the following items: a. Proclamatim on Poppy Sale. City Clerk Verna Lewis read the proclamation at length in which the mayor designated October 14, 15 and 16, 1976 as "Forget - Me -Not Week" in connection with the activities of the Disabled American Veterans. b. Police Plaque Presentation of Safe Driving Award Without an Accident in 50.000 Miles. Mayor Wilkinson presented a plaque and expressed Council appreciation to Officer Don Showalter. Officer Jim Warren was not present but was recognized. C. Police commendation to Officer James W. Black for 50,000 accident , free miles and a commendation for unusual attention to duty. d. Police presentation to Bill Wallen's services as Director of the Police Reserves. e. Presentation of Certificates of Appreciation to Former Board Members. Mayor Wilkinson presented the following: 1. Charles Mabry - Planning and Zoning Board. 2. Bill Osborn - Zoning Board of Appeals. 3. Lilla Hyder - Parks and Recreation.Board:. 4. Ormand Sherwood - Downtown Redevelopment Commission. Announcements by City Manager 1. The Senior Citizens Commission has changed their meeting place to the First Methodist Church, 1005 Stover Street. 2. Letters notifying all affected -residents have been sent to 284 residents that the street parking will be removed on College Avenue between Laurel and Magnolia; a work session with Joe Rice, Roy Bingman, Mr. Brunton and those residents will be held to outline the particulars on October 21st at 7:30 p.m. 3. Defensive driving classes have been scheduled for Oct. 12, 13, 29, 20, 26, 27 and November 2, 3, 9, 10, 16 and 17. 4. The City has been turned down by the Department of Transportation for the "bikeway demonstration program." 5. The City Administration has received a request from the DMA for the carnival to be held on College Avenue. The City Manager wrote to the State Highway Department and they replied "we regret we cannot give permission for this function ... our policy on road closure is limited to one to two hours for parades and special events." Joe Rice has notified the DMA on this. 6. Forty-six City employees attended the trenching and shoring three day class. 7. The Land Acquisition, Open Space and Assistant City Attorney have moved to 156 South College Avenue in the Downtown Redevelopment Office. The lease continues until August, 1977. 8. Senator Haskell is to be in Fort Collins Thursday, Oct. 7, ' to discuss the coal trains and related problems at 4:00 p.m. in the Community Building on East Mountain. 9. Dedication of Wastewater Treatment Plant #2 scheduled for Thursday, Oct. 14, 1976 at 10:30 a.m. The Mayor will make the dedication. Community "Open House" will not be until May, 1977. 10. The Light and Power Department is going to a new radio frequency because of the need to improve switching and operation procedures. The Fire Department will provide a dispatcher until such time as the Light & Power Department can provide their own. 11. HUD representatives have advised Les Kaplan that $234,000 from the Community Development Fund through "Entitlement City" will be received. Others around have received $544,000 in Boulder during 1975 and in 1976-77 $920,000; Greeley received $325,000 in 1975 and will get $325,000 in 1976. The City Manager requested the Mayor write to our Congress representatives asking for a re-evaluation of the situation. 12. A check has been received in the amount of $220,913 from revenue sharing, the first of two checks for the entitlement period, July 1, 1976 through December 31, 1976; the second part to be received in 1977. 285 13. The State Highway Department has offered federal _ funding to be considered for a crossing gate installation at Prospect Street and the C&S Railroad track. State contribution - $50,000; City contribution - $5,000. 14. A letter has been received from Jim Stewart's office regarding the Public Works Employment Act. Roy Bingman and Roger Krempel are monitoring this program. 15. A petition has been received from the residents in the area of Balsam Lane, Whitcomb Street and Blevins Court complaining about the cars from the University parking around their homes. They would like an ordinance creating parking for the residents and their guests only. This cannot be done, other alternatives are being looked at. 16. Traffic signals at City Parks and West Elizabeth included in the 1976 budget will be installed about November 1st and will be completed in about 4-6 weeks. 17. Robert Mitchell has advised that he is going ahead with the appraisal on the Barnes Meadow property. 18. A letter from HUD has been received stating that the American Development Corp. has received final approval for 106 units for housing for the elderly at Stanford and Stover. , 19. Roger Krempel has received word from the Regional Director of the Bureau of Reclamation that the City's application has been forwarded to the Commissioner of Reclamation in Washington. 20. A letter has been received from Governor Lamm giving approval to the Joe Wright Small Reclamation Loan Project. 21. Lincoln Street bridge is completely out; work is proceeding. 22. Asphalt has been installed on North Sherwood going into Martinez Park to improve the entrance. The parking lot is to be designed this winter and to be installed in the Spring. 23. Black top was installed on Mason Street between Mountain and Laporte last week. The City received a $1,000 contribution from Strang Elevator towards this project. 24. Progress on the Lemay and Drake Street projects are slow due to bad weather; hopefully they will make good progress now. 25. Horsetooth and College Avenue traffic signals will be opera- tional in about two weeks.. 286 26. Pipe for Street Improvement District #71 will be in next week so work can begin on the storm sewer. Curb and gutter will be in soon also. Resolution Adopted Making Appointments to Various Boards and Commissions of the City of Fort Collins Following isthe,City Manager's memorandum and recommendation on this item: "The City has received resignations from Victor Baez and Ann Azari of the Human Relations Commission, James L. MacNair of the Liquor Licensing Authority, and Abel C. Amava of the Parks and Recreation Board. These vacancies have been advertised through the news media, and several applications have been received for these positions. Along with the Resolution, attached is a summary of the membership on these three boards and the names of the applicants for the vacant positions. Copies of the letters of resignations and applications received will be sent out to the City Council under separate cover. Hopefully, the Council will have time to review the applications before the Council meeting on Tuesday. Recommendation: The Administration recommends that the City Council review the applications submitted to them and determine who they wish to fill the existing vacancies on the above -mentioned boards. The Administration further recommends that after the members have been chosen, their names be included in the proposed Resolution and that the Resolution be adopted." Councilmembers then made selections to the various boards. City Clerk Verna Lewis then read the resolution at length. Councilwoman Reeves made a motion, seconded by Councilman Suinn to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. 1 287 RESOLUTION 76-67 OF THE COUNCIL OF THE,CITY OF FORT COLLINS MAKING APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS OF THE CITY.OF FORT COLLINS WHEREAS, vacancies currently exist or shortly will exist on. various boards and commissions of the City because of resignations from .board membership of members of the boards; and WHEREAS, the City Council desires to make appointments to fill the vacancies which exist or will exist on the various boards and commissions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the following named persons be, and they hereby are, appointed as members of the boards and commissions hereinafter indicated, with terms to expire as set forth after their names: NAME OF BOARD: Human Relations Commission Name Don D. Shoemaker Kelsey J. Smith NAME OF BOARD: Liquor Licensing Authority Name Martha Joe Wilson NAME OF BOARD: Parks & Recreation Board Name Edward (Ted) Johnston Expiration of Term July 1, 1977 July 1, 1980 Expiration of Term ' July 1, 1977 _ Expiration of Term July 1, 1978 Passed and adopted at a regular meeting of the -City Council held this 5th day of October, A.D., 1976. ATTEST: City Clerk Discussion of Proposed 1977 Budget Mayor Wilkinson announced this item would be for discussion purposes only. The Monday and Tuesday, October 11 and 12 dates will be the days when Council will take action at the public hearing. Councilmembers offered their specific recommendations for items to be reviewed orally and in writing. These comments were given to the administration. No further action was taken on this item pending the scheduled public hearings. Possible Items to be Considered for 1977 Election Mayor Wilkinson stated this is'a discussion item. Councilwoman Reeves stated the Governmental Task Force of DT2 had a list of items for consideration and Al Kruchten had mentioned some housekeeping things in his audit letter. Councilman Suinn stated if the state referendum on the food tax question passed, would the members of the community be willing to retain the food tax locally. Councilman Bowling inquired what would have to be done to combine the city election with the school board election ' (this would require a charter change.) Mayor Wilkinson stated the continuation of the one cent sales tax should be very clearly spelled out. Steve Smith, 815 Stover, announced a group was beginning a petition drive to place on the '77 ballot an issue of funding for the type of construction to go into the auditorium/art complex. The proposal is for a limit on the construction. City Manager Brunton stated the administration would have a series of position papers on the above and on other items at the October 19, 1976 meeting. Other Business A. City Manager Brunton stated the new Downtown Task Force has been meeting with City staff and they require additional information from the firms of EDAW and JJ&R; under the present agreement, there is a provision they can do additional work. The administration is requesting additional funding under the contract, not to exceed $2,000. City Attorney March clarified that the revisions that are now being requested are because of something that was not forseen in the original agreement; what is being requested is a time and materials contract for the firms to supply the additional information 289 as to rescaling the improvements and re -estimating the cost of the improvements to fit the things that have happened since the formation of the district started; with the cost not to exceed $2,000. City,Attorney March advised the Council that, additionally, he has contacted Bill Lamm (Bond Counsel) because of the time table, and requested a meeting with him on Tuesday, October 12, for the purpose of completing needed ordinances and resolutions to have the district move forward. Council took no formal action on this item; however, the administration will proceed as outlined above, based on a Council poll in agreement. B. City Manager Brunton stated he had received an offer for the City to purchase a small amount of New Mercer Ditch stock. City Attorney March stated this purchase was made available for New Mercer stock and Larimer County No. 2 and requested authorization to purchase limited amounts in both companies at $1,500 per share. Councilman Russell made a motion, seconded by Councilwoman Reeves to authorize limited amounts of New Mercer Ditch stock and Larimer County No. 2 Ditch stock at $1,500 a share. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. C. City Manager Brunton distributed a proposed ordinance which ' would amend the code by permitting the use of political signs. Councilman Bowling asked to be excused from discussion on this item. City Attorney March stated there was discussion regarding whether or not the City's zoning ordinance containing restrictions, as apply to political signs, are constitutional, and gave an overview of complaint procedure which would be used in this area. The legal staff had recommended against imposing a time limit on the signs.. This item will be brought back at the next meeting. D. Mayor Wilkinson stated he would like to have the staff review possible consumer's protection and code changes relating to solar housing. Adjournment'' Councilman Russell made a motion, seconded by Councilman Bloom to adjourn. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. 290 1 ATTEST: CiClerk 1 1 1101.40A Mel