HomeMy WebLinkAboutMINUTES-06/22/1976-AdjournedJune 22, 1976
COUNCIL OF CITY OF FORT COLLINS, COLORADO
Council - Manager Form of Government
Adjourned Meeting - S:30 P.M.
An adjourned meeting of the Council of the City of Fort Collins
was held on Tuesday, June 22, 1976, at S:30 P.M. in the Council
Chambers in the City of Fort Collins City Hall. Roll call was
answered by Councilmembers Bloom, Bowling, Reeves, Suinn and
Wilkinson.
Absent: Councilmembers Gray and Russell.
Staff Members Present: Brunton, Kaplan, Chief Smith, Holmes,
Bingman and Lewis.
Minutes of Regular Meeting of
June 1 1976 approved as Published
Councilman Bowling made a motion, seconded by Councilman Suinn
' to approve the minutes of the regular meeting of June 1, 1976
as published. Yeas: Councilmembers Bloom, Bowling, Reeves,
Suinn and Wilkinson. Nays: None.
Ordinance Adopted on Second Reading Relating
to Gross Weight of Vehicles
Councilman Bloom made a motion, seconded by Councilman Bowling
to adopt Ordinance No, 39, 1976 on second reading. Yeas: Council -
members Bloom, Bowling, Reeves, Suinn and Wilkinson. Nays: None.
ORDINANCE NO. 39 , 1976
BEING AN ORDINANCE AMENDING SECTION 114-132
OF THE CODE OF THE CITY OF FORT COLLINS
BEING PART OF THE TRAFFIC CODE RELATING TO
THE GROSS WEIGHT OF VEHICLES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. That Section 114-132 of the Code of the
City of Fort Collins be, and the same hereby is, amended by
changing Part C thereof to read as follows:
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"C. Subject to the limitations prescribed in
§ 114-131, the gross weight of any vehicle or
combination of vehicles having three or more axles
shall not exceed forty six thousand (46,000)
pounds."
Section 2. That Section 114-132 of the Code of the
City of Fort Collins be, and the same hereby is, amended by
changing Part D thereof to read as follows:
"D. The limitations set forth in part C above
shall not apply to vehicles operated on streets
designated as federal or state highways within the
city. On such highways the limitations prescribed
by the laws of the State of Colorado shall apply."
Section 3. That Section 114-132 of the Code of the
City of Fort Collins be, and the same hereby is, amended by
adding thereto a subsection E as follows:
"E. The limitations of this section shall not apply
to any vehicle which is actually making deliveries
of its cargo within the city limits of the City of
Fort Collins."
Introduced, considered favorably and ordered published ,
this 1st day of June, A.D. 1976, and to be presented for
final passage on the 22nd day of June, A.D. 1976.
ATTEST: yor
City Clerk
Passed and adopted on final reading this 22nd day of
June, A.D. 1976.
ATTEST• Mayo
City Clerk
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First Readiri' :',- June I, 1976 (Vote: Yeas: 7, Nays: 0)
Second Reading: .June 22, 1976 (Vote: Yeas: S, Nays: 0)
Dates Published: June 6, 1976 and June 27, 1976
Attest:
ty Cier
Ordinance Adopted on Second Reading
Relating to Carnivals
Councilman Suinn made a motion, seconded by Councilwoman Reeves
to adopt Ordinance No. 42, 1976 on second reading. Yeas:
Councilmembers Bloom, Bowling, Reeves, Suinn and Wilkinson.
Nays: None.
ORDINANCE NO. 42 , 1976
BEING AN ORDINANCE AMENDING ARTICLE VII
(SECTION 73-36 THROUGH 73-40, INCLUSIVE)
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO LICENSED OCCUPATIONS AND
' PLACES OF ENTERTAINMENT
E
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
That Article VII (Section 73-36 through 73-40, inclusive)
of the Code of the City of Fort Collins be, and the same
hereby is, amended to read as follows:
"ARTICLE VII
Places of Entertainment
"§ 73-36. License required.
"It shall be unlawful for any person or persons to
produce, conduct or carry on any public exhibition,
show, circus, menagerie, carnival, public dance or
other form of public amusement wherein an admission fee
is charged, without first having procured a license
therefor from the Director of Finance in the manner
hereinafter provided.
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"§ 73-37. License application and issuance. '
"Applications for licenses hereunder shall be made
through the Director of Finance and the Director of
Finance shall issue licenses upon approval of the
application by the City Manager. Any person desiring a
license hereunder shall file with the Director of
Finance an application therefor on forms to be provided
by the City setting out such information as may be
required by the City Manager, including the following:
The full name of the applicant, the name and business
address of the show operator if different from the
applicant, the kind of show or public entertainment to
be conducted, the place where the same is to be given,
the time for which the license is sought and, in the
case of carnivals or similar forms of public amusement,
the number of attractions to be presented. The applica-
tion shall be accompanied by a corporate surety bond in
the amount of Five Thousand Dollars ($5,000.), conditioned
on the applicant's compliance with all requirements of
this ordinance and any conditions imposed on the license
pursuant to this ordinance'. Such application shall be
submitted at least ten (10) days before the place of
amusement will be open to the public and shall be
accompanied by the appropriate license fee required. '
The City Manager shall investigate the character of the
applicant and the show operator, if different from the
applicant, and shall order the license issued
if he determines that such parties are of good moral
character and financially responsible and that the
other requirements of this ordinance have been met.
"§ 73-38. License fee.
"License applications shall be accompanied by the
appropriate license fees which shall be as follows:
"A. For all theaters, opera houses, moving picture
shows and other similar facilities where shows are to
be produced for the public, the fee shall be in the
amount of seventy-five dollars ($75.) per annum.
"B. For drive-in theaters the fee shallbe fifty
dollars ($50.) per annum.
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"C... For all circuses, menageries and carnivals
' the fee shall be fifty dollars ($50.) for each day that
such entertainment is presented in the City, provided
that for carnivals, if more than forty (40) attractions
are presented, an additional fee of two dollars and
fifty cents ($2.50) per day for each attraction over
forty shall be paid._
"D. For public dance halls the fee for the license
shall be fifty- dollars ($50.) per year.
"E. In case of any attraction for which an annual
fee is provided, the license shall be issued for the
period January 1 through December 31. In case.of an
application for license after January 1 of any year,
the license fee shall not be prorated and the full fee
shall be charged for a partial year.
"§ 73-39. Conditions of license.
"A. The license for any circus, menagerie or
carnival shall be issued subject to the following
additional requirements:
"l. A representative of the fire department
' and/or the building inspection department shall make an
inspection of the area and the equipment in order to
determine that adequate fire lanes are provided, that
adequate fire hydrants':or other means of extinguishing
fires are available, that electrical connections are
made in a safe manner, and that electrical equipment
appears to be in good working order.
0
"2. A representative of the police department
shall inspect the area in order to verify that no
unreasonable noise or light condition will adversely
affect any adjoining residential areas.
"3. A representative of the City Engineer's
office shall inspect the area in order to verify that
adequate arrangements have been made in order to prevent
trash and litter blowing onto adjoining premises or to
collect any trash or litter which does blow onto adjoining
premises and to verify that adequate restroom facilities
are available for the public at any time the attraction
is open to the public.
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"All of such inspections shall be completed after the
attraction is set up but before the same is opened to
the public and the City representatives making the
inspection shall have the power to require reasonable
corrections to be made in order to protect the public
and adjoining premises.
"In addition to the foregoing requirement, any applicant
for a circus, menagerie or carnival license shall
deposit with the Director of Finance at the time of
making the license application an amount equal to
$ 50.00 for each day the attraction will be available
to the public, which deposit shall be made to cover
anticipated sales tax from the attraction. Within
forty-five (45) days after the expiration of the license,
the licensee shall file the necessary sales tax return
with the Director of Finance and pay any additional
sales tax owing or receive a refund from the deposit if
the deposit is more than the sales tax. In the event
no sales tax return is filed within such time, the
amount deposited shall be deemed to be the amount of
the sales tax and no refund will thereafter be available.
"B. Any public dance hall shall be operated in
compliance with all requirements of the ordinances of '
the City of Fort Collins relating to occupancy limits,
required restroom facilities, and other requirements
pertaining to customer facilities.
"C. In authorizing the issuance of a license
hereunder, the City Manager may specify special conditions,
including hours of operation or manner of operation,
which are intended to insure that the place of amusement
will not be unduly annoying to any residential areas in
the vicinity. In case of circuses, menageries and
carnivals, the City Manager may deny the application if
he determines that such attraction in the location
requested will unreasonably disrupt the peace and quiet
of any residential neighborhood in the City.
339
I
1
1
73-4,0,.. _Appeal to'Council.
"In the event any applicant for a license hereunder is
denied such an application by the City Manager or if
the City Manager will issue the license only upon
conditions which are not acceptable to the applicant,
then the applicant may appeal the decision of the City
Manager to the City Council, provided that notice of
such appeal is filed at least five (5) days before the
meeting of the City Council at which the applicant
requests that the appeal be heard. At the time of
hearing the appeal, the applicant may submit to the
City Council any material evidence relating to the
application, and the City Council shall consider the
same together with the report of the City Manager and
make a final determination upon the application.
Introduced, considered favorably on first reading, and
ordered published this 1st day of June , A.D. 1976,
and to be presented for final passage on the 22nd day of
June , A.D. 1976.
ATTEST:�
c;1 v e/lo x�
City Clerk
Passed and adopted on final reading this 22nd day of
June A.D. 1976.
ATTEST:
Mayo
Ci C erk
First Reading: June 1, 1976 (Vote: Yeas: 7, Nays: 0)
Second Reading: June 22, 1976 (Vote: Yeas: 5, Nays: 0)
Dates Published: June 6, i976 and June 27, 1976
Attest:
ty Cler
340
Ordinance Adopted on Second Reading
Relating to Sidewalk Improvement
District No. 6
Councilwoman Reeves made a motion, seconded by Councilman Bowling
to adopt Ordinance No. 44, 1976 on second reading. Yeas: Council -
members Bloom, Bowling, Reeves, Suinn and Wilkinson. Nays: None.
ORDINANCE No. 44, 1976
BEING AN ORDINANCE RELATING TO THE CREATION AND
ORGANIZATION OF CONSOLIDATED SIDEWALK IMPROVEMENT
DISTRICT NO. 6, PROVIDING FOR THE CONSTRUCTION OF
IMPROVEMENTS THEREIN, AND AUTHORIZING THE ISSUANCE
OF BONDS TO PAY THE COSTS OF CONSTRUCTION THEREOF
WHEREAS, heretofore the necessary proceedings were
instituted to create a special improvement district for the
purpose of installing the improvements described on Exhibit
"A" attached hereto (hereinafter sometimes referred to as
"the improvements") for the benefit of the property described
on Exhibit "A"; and
WHEREAS, the City Council has received the necessary '
reports, given the required notice and held a hearing as
required by the Ordinances of the City; and
WHEREAS, the City Council is of the opinion that it is
in the best interests of the City of Fort Collins to form
said special improvement district.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Section 1. That there is hereby created and organized
an improvement district under and by virtue of the provisions
of Chapter 16 of the Code of the City of Fort Collins, to be
known as Consolidated Sidewalk Improvement District No. 6
(hereinafter sometimes referred to as "the district") comprised
of the property described on Exhibit "A" attached hereto.
Section 2. That the improvements to be constructed
shall consist of, the improvements described on Exhibit"A"
attached hereto, all as more fully set forth in the map,
plans and specifications heretofore submitted by the City
Engineer and accepted by the City Council by resolution.
341
1
Section 3. That the total cost of such improvements
shall not exceed by more than five per cent (5°%) the City
Engineer's estimate heretofore accepted of $35,026.00,
exclusive of the expense of collection, legal, advertising,
engineering, financing, -interest during construction and
other incidentals, and that said total cost together with
such expense of collection, legal, advertising, engineering,
financing, interest during construction and other incidentals
(17% of the cost of such improvements) shall be assessed
against the property in said district in the manner set
forth on Exhibit "A" attached hereto in accordance with the
provisions of Chapter 16 of the Code of the City of Fort
Collins.
Section 4. That the City Council has, pursuant to
notice duly mailed and published, all as provided in Chapter
16 of the Code of the City of Fort Collins, considered all
complaints and objections made and filed in writing by the
owners of any real estate to be assessed or any persons
interested; and the City Council further finds that all
requirements of the ordinances of the City of Fort Collins
respecting the organization of the district have been observed
and complied with in all respects; and it is hereby ordered
that the improvements in the district as provided for in the
map, plans and specifications heretofore adopted by the City
Council be and they hereby are ordered to be constructed.
Section 5. For the purpose of paying the costs of said
improvements, bonds of the City of Fort Collins in the
aggregate principal amount not to exceed by more than five
per cent (5%) the City Engineer's estimate above set forth,
plus the amount authorized by ordinance to be added to cover
the expense of collection, legal, advertising, engineering,
financing, interest during construction and other incidentals
(such amount to be seventeen per cent (17%) of the cost of
such improvements), are hereby authorized to be issued by
the Director of Finance of the City of Fort Collins, which
bonds shall bear the date of their issuance. Said bonds
shall bear the name of the district and shall bear interest
at the rate of six per cent (6%) per annum, payable semi-
annually; said interest to be evidenced by coupons attached
to the principal bond and attested by the facsimile signature
of the City Clerk which said bonds shall be in denominations
of not more than One Thousand and No/100 Dollars ($1,000.00)
each, and each of said bonds shall be subscribed by the
342
Mayor, countersigned by the Director of Finance and shall
have the corporate seal of the City affixed thereto, attested
by the City Clerk and said bonds shall be registered with
the Director of Finance and shall be sold to the highest
and best bidders for cash, but in no event for less than
par, and in all cases to the best advantage of the City in
order to pay the costs of the work herein provided. Such
bonds shall be payable out of moneys collected on account of
the assessments made for such improvements, as provided in
Chapter 16 of the Code of the City of Fort Collins. Said
bonds shall be numbered consecutively and shall be redeemable
consecutively according to number and in the order of issuance
and the Director of Finance shall preserve the records
concerning the issuance of said bonds in a suitable book
kept for said purposes. All of said bonds shall be absolutely
due and payable ten (10) years from the date of issue, and
shall be subject to call and payment at anv time prior
thereto. All assessments made pursuant to this ordinance,
together with all interest thereon, penalties for default in
payment thereof, and all costs of collecting the same shall,
from the date of final publication of the assessing ordinance
hereafter to be adopted, constitute a perpetual lien on the
property therein assessed on a parity with the tax lien for
general State, County, City, Town or School taxes, and no
sale of such property to enforce any general State, County,
City, Town or School tax or other lien shall extinguish the ,
perpetual lien of such assessments herein provided to be
made.
Section 6. Said bonds and coupons attached thereto
shall be substantially in the following form:
UNITED STATES OF AMERICA
STATE OF COLORADO CITY OF FORT COLLINS
CONSOLIDATED SIDEWALK IMPROVEMENT
DISTRICT NO. 6
No. $1,000.00
The City of Fort Collins, in the County of Larimer and
State of Colorado, for value received, acknowledges itself
indebted and hereby promises to pay to the bearer hereof,
the sum of
343
n r:�
ONE THOUSAND and No/100 DOLLARS
in lawful money of the United State of America, at the
office of the Director of Finance of said City, ten (10)
years from the date hereof, subject to call and payment,.
however, at any time prior thereto, as provided in the City
Charter and Chapter 16 of the Code of the City of Fort
Collins, with interest thereon from date until payment,
payable semi-annually, at the office of the Director of
Finance of the City of Fort Collins, upon presentation and
surrender of the annexed coupons as they severally become
due.
This bond is issued for the purpose of paying the costs
of local improvements constructed in Consolidated Sidewalk
Improvement District No. 6 in said City.
This bond shall be callable at any time by the Director
of Finance of the City of Fort Collins as provided in Section
16-29 of the Code of the City of Fort Collins, which provides
as follows:
"Whenever there are available funds in the City Treasury
therefor, it shall be the duty of the Director of Finance to
call in and pay a suitable number of any bonds outstanding,
by giving notice for five (5) days in an official newspaper
published in the City. At the expiration of thirty (30)
days from the first publication of such notice, interest on
the bonds so called shall cease. The notice shall specify
by number the bonds called, and all such bonds shall be paid
in numerical order. The holder of any such bonds may at any
time furnish his post office address to the City Clerk and
in such event, a copy of the publication shall be mailed by
the City Clerk to the bondholder at such address within ten
(10) days after the date of publication."
This bond is payable out of the proceeds of special
assessments to be levied upon the real property situate in
said improvement district especially benefited by said
improvements, and the amount of the assessments so to be
made upon the real estate in said improvement district for
the payment thereof, with accrued interest, is a lien upon
the said real estate in the respective amounts to be appor-
tioned to said real estate and to be assessed by an ordinance
of said City, and the lien created by said assessing ordinance,
together with all interest thereon, penalties for default in
the payment thereof, and all costs in collecting the same,
shall, from the date of the final publication of the assess-
ing ordinance hereafter to be adopted, constitute a perpetual
lien on a parity with the tax lien for general State, County,
344
City, Town or School tax, and no sale of such property to
enforce any general State, County, City, Town or School tax
or other lien shall extinguish the perpetual lien of such
assessments herein provided to be made.
It is hereby certified and recited that the total issue
of bonds of said City for said improvement district, includ-
ing this bond, does not exceed the amount authorized by law;
and it is further certified and recited that every require-
ment of law relating to the creation of the district, the
making of local improvements therein and the issuance of
this bond, have been fully complied with by the proper
officers of said City and that all conditions required to
exist and all things required to be done precedent to and in
the issuance of this bond to render the same lawful and
valid have happened and been properly done'and performed and
did exist in regular and due time, form and manner as required
by law.
IN TESTIMONY WHEREOF, the said City of Fort Collins has
caused this bond to be subscribed by its Mayor, countersigned
by its Director of Finance, and attested by its City Clerk,
under the seal of said City, and the interest coupons hereto
attached to be attested by the facsimile signature of the
City Clerk as of the day of 1976. '
Mayor
SEAL:
ATTEST: COUNTERSIGNED:
City Clerk Director of Finance
(Form Coupon)
No. $30.00
On the day of 19 unless the
bond to which this coupon is attached has been called for
prior redemption, the City of Fort Collins will pay to
bearer
345 1
THIRTY and N0/100 DOLLARS
' in lawful money of the
office of the Director
being six (6) months'
bond, dated
costs of improvements
District No. 6.
United States of America, at the
of Finance of Fort Collins, Colorado,
interest on its local improvement
, 19 , issued for paying the
in Consolidated Sidewalk Improvement
(Facsimile Signature)
City Clerk
Section 7. Whenever considered prudent by the Director
of Finance, he is hereby authorized and empowered, whenever
sufficient funds may be in his hands to the credit of said
improvement district, including six (6) months' interest on
the unpaid principal, to advertise for five (5) days in an
official newspaper of said City and call in a suitable
number of bonds of said district for payment, and at the
expiration of thirty (30) days from the first publication,
interest on said bonds so called shall cease. The notice
shall specify the bonds so called by number and all bonds so
issued shall be called and paid in their numerical order.
Section S. Upon the taking effect of this ordinance,
the Mayor is hereby authorized and empowered to advertise
for bids for the construction of the improvements in accord-
ance with the map, plans and specifications heretofore
adopted, which advertisement shall be twice published. in an
official newspaper published in the City. Said publications
are to be at least a week apart, and the date for opening of
bids shall not be less than ten (10) days after first publica-
tion, and bids received under said advertisement shall be
submitted to the Council for approval or rejection. Adver-
tisements for bids shall comply with the requirements and be
in accordance with the provisions of Chapter 16 of the Code
of the City of Fort Collins.
Section'9. When the improvements herein authorized
have been completed and the same approved and acepted by the
City of Fort Collins, the costs as set forth above shall be
assessed upon the real property in said improvement district,
all as hereinbefore set forth.
Section 10. This ordinance shall be irrepealable until
the indebtedness herein provided for, whenever the same
shall be created, shall have been duly paid, satisfied and
discharged as herein provided.
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Introduced, considered favorably on first reading, and
ordered published this 1st day of June, 1976, and to be
presented for final passage on the 22nd day of June, 1976.
Mayor
ATTEST:
"C;� f-�7 V Off-' r
City Clerk
Passed and adopted on final reading this 22nd day of
June, .A. D. 1976.
yor
ATTES
JA.A k--A 2,U IL
Ci y Clerk '
EXHIBIT A
ORDINANCE NO. 44, 1976
CONSOLIDATED SIDEWALK IMPROVEMENT DISTRICT NO. 6
A. Description of property specially benefited by the
improvements to be installed in the district and to be
assessed for the costs incurred in making said improvements:
The lots and lands abutting the following streets:
1. The south side of Stuart Street from Busch
Court east to Lemay Avenue.
2. The east side of Stover Street from Stuart
Street north to the existing sidewalk.
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3. The north side of Locust Street from Peterson
Street east to Stover Street.
4. Both sides of Locust Street from Stover Street
east to the existing sidewalk.
5. The east side of Stover Street from Locust
Street east to Elizabeth Street.
6. The south side of Pitkin Street from Peterson
Street east to Stover Street.
B. Improvements to be installed in the district consist of:
Concrete sidewalk.
C. The cost of making the improvements in the district
shall be assessed against the assessable property in the
district as follows:
Upon the lots and lands abutting the portion of the
right of way in which the sidewalk is installed in
proportion as the frontage of each lot or tract of land
is to the frontage of all lots and lands so improved.
Maxmimum assessment per abutting foot--$6.29. (Including
cost of collection, legal advertising, engineering,
financing, interest during construction and other
incidentals.)
First Reading: June 1, 1976 (Vote: Yeas: 7, Nays: 0)
Sccond Reading: June 22, 1976 (Vote: Yeas: 5, Nays: 0)
Dates Published: June 6, 1976 and June 27, 1976
\hest:
City Clerk
Report on Historical Landmark
Designation Procedures
Following is the City Manager's memorandum on this item:
"Attached is a report from the Cultural Resources Board
describing their procedures for establishing an historical
landmark. Since this is closely related to Ordinance No. 43,
1976, designating the Andrews House as a historical landmark,
the City Council should first determine if the procedures
are acceptable."
Mr. Gary Hixon spoke to the procedures for establishing
historical landmarks briefly. (Complete report in Central Files.)
Councilman Bowling made a motion, seconded by Councilwoman Reeves
to accept and approve the procedures set up by the Cultural
Resources Board for establishing historical landmarks. Yeas:
Councilmembers Bloom, Bowling, Reeves, Suinn and Wilkinson.
Nays: None.
Ordinance
Adopted on First Reading
Designating the
Andrews
House as a Landmark
Councilman Suinn made a
motion,
seconded by Councilwoman Reeves
'
to adopt Ordinance No. 43, 1976 on first reading. Yeas: Council
members Bloom, Boialing, Reeves, Suinn and Wilkinson. Nays: None.
Ordinance Annexing the Vance
First Annexation, Tabled
City Attorney March advised Council that there were some procedural
matters that needed to be accomplished and would they table the
hearing and first reading of this ordinance to the next meeting
on July 6, 1976.
Councilman Bowling made a motion, seconded by Councilman Bloom
to table Ordinance No. 46, 1976 on first reading to July 6, 1976.
Yeas: Councilmembers Bloom, Bowling, Reeves, Suinn and Wilkinson.
Nays: None.
Downtown Merchants Association's Carnival Request
Robert Brunton, City Manager, gave a brief review as to how it
came to be that the DMA is requesting to use the America Building
parking lot for this ,year's carnival.
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Mr. Brunton's memo to the Council says in part the following:
The DMA has been involved in the parking lot for some time.
There is some land in the parking lot area that is privately
owned. Also, it is my understanding that the DMA paid for the
blacktopping of the parking lot. Since at least 1971, the DMA
has been reimbursing the City for the $30 annual rental charges.
We have received written permission from the Colorado and
Southern Railway Company in the form of a supplemental agreement
to our lease on this property. If the Council approves this
request, they should approve the supplemental agreement and
direct the Mayor and City Clerk to sign it on behalf of the
City.
The City has also received a petition bearing 70 signatures from
merchants in the area opposing any carnival in this location.
Recommendation: The Administration recommends that the Council
approve the DMA's request to hold their carnival in the America
Building parking lot and authorize the Mayor and City Clerk to
sign the supplemental agreement with the Colorado and Southern
Railway Company."
Mr. Rudy Juvan, President of the DMA was present to answer
questions from the Council regarding this matter. City Attorney
' March advised the Council that if the Council grants the request
from the DMA to use the America Building lot for the carnival,
that it be granted conditional upon the requirements set forth
in Ordinance No. 42, 1976 passed on second reading today even
though the ordinance does not go into effect for 10 days.
Councilwoman Reeves made a motion, seconded by Councilman Bloom
to approve the DMA request to have the carnival downtown and the
conditions set forth in Ordinance No. 42, 1976, be followed.
Yeas: Councilmembers Bloom, Bowling, Reeves, Suinn and Wilkinson.
Nays: None.
Mayor Wilkinson stated -for the record that the petition containing
76 signatures of persons in the 100 block of North College opposing
the carnival in the America Building parking lot has been received
and duly noted and that the DMA will make every effort during the
coming year to find another suitable site.
Report on Spring Creek Village Apartments
Section 8 Housing
City Manager, Robert Brunton, spoke briefly on this matter since
it had been discussed at the Council work session on .June 8, 1976.
(Complete report in Central Files.)
350
Mr. Brunton's memo to the Council says in part:
"As I indicated at that meeting, the Administration feels strongly
that 200 units of Section 8 housing in this area is not desirable;
of further concern was the entire question of the City becoming
involved in the management of public housing projects as well as
the reality that, if the Housing Authority is to become self-
sufficient, they need more units.
Enclosed is a copy of the revised letter sent at Council's
direction. The Administration will be prepared to discuss this
with you at the meeting."
Councilman Bowling made a motion that the Council rescind the
letter, reject the proposal and be definitely opposed to the
project going Section 8. Motion withdrawn. After further
discussion, Councilman Bowling made the following motion, seconded
by Councilman Suinn that there be no units approved for Section 8
housing in that particular project, however, Council does feel
that there could be low income housing allowed in that general
locale. Yeas: Councilmembers Bloom, Bowling, Suinn and Wilkinson.
Nays: Councilwoman Reeves.
(Note: Councilwoman Gray arrived at 6:00 p.m. during the discussion
of the proposed burglar and fire alarms ordinance.)
Consider Draft of Ordinance Relating
to Burglar and Fire Alarmswithin the City
Chief Smith gave a brief review as to why this ordinance was drafted.
City Manager Robert Brunton's memo to the Council regarding this
matter is as follows:
"This ordinance was precipitated by a request from Guardian Security,
Inc., concerning the City's involvement in the alarm business.
Specifically, they believe the City should not continue to monitor
and/or house alarms in its buildings for private enterprise.
The Administration has spent considerable time and effort working
with representatives of Guardian Security concerning this matter.
An administrative report to the Council recommended the City with-
draw from the alarm business. However, we believe this is a
policy decision and should be made by the Council.
In the event Council approves the City getting out of the alarm
business, the Administration recommends consideration of the alarm
ordinance. Enclosed is a draft of the ordinance along with a memo '
from the City Attorney. The memo is self-explanatory. Basically,
351
the ordinance seeks_to control the selling and installation
of burglar and f71re alarms within the city by the establishment
of licensing procedures and installation and maintenance criteria.
Recommendation: The Administration recommends that Council review
the draft ordinance and comments by the City Attorney. If the
Council agrees with this philosophy, they should instruct the
Administration to proceed with the preparation of the final
ordinance. Prior to coming to Council again, the standards
would again be held with private alarm companies."
No formal action taken, Council requested several changes and
Mr. Brunton advised Council that this item would be thoroughly
discussed at the work session scheduled on June 29 so an ordinance
can be prepared for hearing and first reading on July 6, 1976.
Consider Report on Avery House
City Manager Robert Brunton gave a brief review of the use of
Avery House to date. The following comments were read into the
record.
June 17, 1976
' Mr. Robert Brunton, City Manager
City of Fort Collins
300 LaPorte Avenue
Fort Collins, Colorado 80521
Dear Mr. Brunton:
The Poudre Landmarks Foundation feels that it now is in a position
to sign the contract with the City of Fort Collins. You will note
that this signed copy has been changed to include as Exhibit A the
corrected legal description.
The Foundation wishes to repeat the following points which restate
its initial position as to its role in the Avery House Restoration.
The success of this project depends heavily upon the City of Fort
Collins and its willingness to assist in the following areas:
1. care of the grounds; maintenance of the house;
2. security of the property, particularly the house
itself as valuables are moved in;
3. utilities;
4. insurance.
3S2
It is our understanding that the City will assume these responsi-
bilities, to be paid for out of City general funds, as long as it
occupies the building as City office space. It is our hope that
at the time when the City vacates the property for interior resto-
ration by the Foundation some form of continuing help will be
offered by the City.
It is extremely important that the Foundation have the ability to
determine that decisions relating to the character of the restora-
tion, interior and exterior, will be appropriate to the type of
restoration agreed upon. This project has been represented by us
as one of superior quality in grant applications and grants have
been received and promised with that understanding. We feel that
we can offer to the City the proper personnel to accomplish this
end. It is our hope that the process can be an amicable one. For
this reason the composition of the three-oersam-cDauaittee is of
utmost importance.
We understand that the task we have undertaken in this contract is
a long and complex one. It is our belief that the problems are not
insurmountable.
Please call on me if I can assist in some way.
Very truly yours,
% ,
Robert M. Dunn
President
dgr
cc Fort Collins City Council, Earl Wilkinson, Mayor
Eldon F. Holmes, Avery House
Ellen Wolfe Thexton, Cultural Resources Director
Ray Dixon, Cultural Resources Board
Karl Carson, Bicentennial Commission
Claude France, Designing Tomorrow Today
James A.Cox, Project Architect
Gerron Hite, State Historical Society
3 S 3
B ill Holmes spoke to the restoration program, the make-up of
the committee and''the Foundation Agreement. Mr. Brunton's memo
regarding this matter is as follows:
"You have been advised of our efforts to arrange for the transfer
of custody of the Avery House to the Poudre Landmarks Foundation.
You are also aware that the Foundation declined to accept this
transfer due primarily to the lack of funding capability and the
lack of an organizational structure to undertake this obligation.
Subsequent to the position established by the Foundation, we have
been endeavoring to work out a cooperative agreement between the
City and the Foundation whereby the restoration program would be
a joint effort between the City and the Foundation. The latest
to the City, but there are some exceptions on the part of the
Foundation; namely:
1. That the Foundation will have full responsibility for the
restoration program, i.e., the decision making responsibility
for how and what alterations, modifications, and restoration
activities will take place.
2. That the City will be responsible for and pay for all utilities,
maintenance, security, and yard work while the premises are
being occupied by the City.
' The C it y Administration is not in disagreement with item P2 above.
However, with respect to item nl, the Administration believes
that, with respect to the restoration program, paragraph number
one of the agreement entitled, "Appointment and Function of
Committee" should be followed.
With respect to actual restoration activities, the roof is the
most critical item followed by replacement of the electrical
wiring, heating system replacement, and the replacement of the
plumbing.
Out of four roofing contractors who have examined the building,
only one elected to give us an estimate of the cost. Dale's
Roofing Service estimate of $46,000 is attached. The other three
contractors did not want to give an estimate.
Recommendation: The Administration recommends that the Council
approve part NI of the proposed agreement "Appointment and Function
of Committee," and also appoint a member from the City staff to
serve on the above committee.
The Administration also recommends that the Council take no action
on the roofing estimate at this time until other cheaper alterna-
tives may be found."
„4
City Attorney March advised the Council that it was his under-
standing that the restoration projects would be completed and/
or worked on as funds were made available for the work to be
accomplished, all expenditures would be Council approved.
Councilwoman Reeves made a motion to approve the agreement,
seconded by Councilman Bowling. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Suinn and Wilkinson.
Councilman Suinn made a motion, seconded by Councilwoman Reeves
to appoint Bill Holmes as the representative from the administration
to work on the committee to be formed for the restoration of
the Avery House. Yeas: Councilmembers Bloom, Bowling, Gray,
Reeves, Suinn and Wilkinson. Nays: None.
Consider Lease for Private Hangar at
Fort Collins -Loveland Airport
Following is the City Manager's memorandum on this item:
"At the May 12, 1976, Airport Board meeting, a request for a
private hangar space for Robert H. and Winola J. Gutchess was
presented for consideration. The Airport Board voted unanimously
to recommend approval to the two City Councils. The rental sum
is $198.40 and may be extended for one year unless terminated '
by either party prior to April 12, 1977.
The Loveland City Council has approved the agreement, and it
is now before you for consideration."
Councilwoman Reeves made a motion, seconded by Councilman Bloom
to approve the Lease and authorize the Mayor and City Clerk to
execute the agreement on behalf of the City. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson.
Nays: None.
Report of Costs for Street Improvement
District No. 68 Approved
Following is -the report of the City Engineer on this item
"The completion of this District has been delayed for some time
due to negotiations with the Union Pacific Land Company over
right-of-way on the north side of the Hickory Street portion of
the District. The improvements on Hickory include sidewalk,on
the north side of the street. In order to construct the side-
walk it was necessary for the Union Pacific to dedicate additional
right-of-way. Jack Ferguson in the right-of-way office has been. '
dealing with the Union Pacific through the Denver, Cheyenne and
Omaha offices on the basis thev did not see anv problems with
355
dedicating the additional right-of-way
the past several'weeks that they will
of -way on the condition that they will
sidewalk installation.
. We have learned in
only dedicate the right -
not pay the cost of
Rather than delay the district assessment any further, we
recommend that the sidewalk improvement on the north side of
Hickory Street be deleted adjacent of the Union Pacific property."
Citv Attornev March clarified that Council should approve the
report and refer it to staff to have it in proper form for
presentation at the next meeting.
Councilwoman Reeves made a motion, seconded by Councilwoman Gray
to approve the report and refer the matter to staff for presenta-
tion at the next meeting. Yeas: Councilmembers Bloom, Gray,
Reeves, Suinn and Wilkinson. Nays: None. (Bowling out of
room.)
Resolution Adopted Approving Urban Mass
Transportation Administration Grant for
Expansion of Transfort
Administrative Assistant to the City Manager, Susan Jones, stated
that at the May 2S, 1976 work session the Council had reviewed
this item and had directed the staff to review the proposal and
try to reduce the subsidy and keep operating costs as low as
possible. The recommendation is as follows:
"Recommendation: The Administration recommends the following:
1. That the City Council adopt the Resolution approving the
UMT.A grant and purchase of one bus.
2. That the City Council approve the attached CSU/Transfort
agreement.
3. That the.Administration be authorized to -
a. Cut back Transfort operating hours to start service at
7:15 a.m. and end service at 6:1S p.m. (see attached memo;
this will decrease our subsidy by approximately $4,200).
b. Utilize the additional. fifth bus weekdays only on a part-
time, peak -period basis."
Those speaking in favor of the resolution were as follows:
1. Mike Stratton, President of ASCSU and member of the State
Board of Agriculture.
2. Gerald Greenburg, General Partner Foothills Meadows Apartments.
356
3. William Wagner, Transportation Subcommittee Chairman of
the Growth Management Task Force.
4. Richard Hecker, member of the Saint Joseph's School
Education Committee.
S. Barbara Krebbs, League of Women Voters.
Councilwoman Gray made a motion, seconded by Councilman Bowling
to approve the recommendation. Yeas: Councilmembers Bowling,
Gray, Reeves, Suinn and Wilkinson. Nays: Councilman Bloom.
RESOLUTION 34-76
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING URBAN MASS TRANSPORTATION CAPITAL
GRANT CONTRACT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT CONTRACT IN
CONNECTION WITH THE PURCHASE OF A PASSENGER
DIESEL TRANSIT BUS UNDER THE PROVISIONS OF
THE URBAN MASS TRANSPORTATION ACT OF 1964,
AS AMENDED
WHEREAS, the City Council of the City of Fort Collins I
desires to secure a federal grant under the terms of the
Urban Mass Transportation Act of 1964, as amended; and
- WHEREAS, the Urban Mass Transportation Administration
has executed and forwarded to the City Council an offer of
an Urban Mass Transportation Capital Grant Contract, being
project No. CO-03-0009; and
WHEREAS, the City Council of the City of Fort Collins
approves the Urban Mass Transportation Capital Grant Contract
whereby the City of Fort Collins would obtain federal financial
assistance in the form of a capital grant to aid in the
purchase of one passenger diesel transit bus, one farebox,
one two-way radio, and contingencies.
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 execute the Urban Mass Trans-
portation Capital Grant Contract for Project No. CO-03-0009
and is further authorized and directed to perform any other
acts necessary in connection with the execution of said
contract.
3S7
BE IT FURTHER RESOLVED that a copy of this resolution
be transmitted to'Ehe Urban Mass Transportation Administra-
tion with the executed Urban Mass Transportation Capital
Grant Contract.
Passed and adopted at a regular meeting of the City
Council held this 22nd day of June, A.D. 1976.
i
ATTEST:
({ Mayor
City Clerk
Consider Suit Concerning Mountain Bell
Occupation Tax Referred to City Attorney
Following is the City Attorney's memorandum on this item
"Mountain Bell has brought suit against the City of Fort Collins
claiming the City's occupation tax is unlawful. This action comes
' about because of a recent Supreme Court decision involving an
occupation tax of the Town of Minturn. The Supreme Court decided
in effect that any occupation tax which was based upon the gross
revenues of the occupation was an'income tax and, therefore,
invalid. There are possible arguments which can be made that the
occupation tax charged to Mountain Bell is not in the same category,
and the Minturn case does not control in the case of this tax.
Since this is a substantial revenue item and also in recognition
of the fact that the telephone company operation does, on occasion,
severely disrupt use of City streets and other facilities, or
another. I suggest that this matter be put on the Council agenda
for the meeting of June 22, and that the Council be requested to
authorize me to defend this suit and also propose alternate means
of determining the tax. Such means might include a tax based
upon number of phones in the City, the amount of street occupied,
a tax based upon the number of employees of the company, or a
tax based upon any other measurable factor."
Councilman Suinn made a motion, seconded by Councilwoman Reeves
to authorize the City..,Attorney to enter an appearance in the
suit on behalf of the'City. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Suinn and Wilkinson. Nays: None.
358
Report on the Pioneer Museum
Accepted
Following is the City Manager's memorandum and recommendation
on this item:
"The City Council was briefed on May 25, 1976, with respect to
the Pioneer Museum programs and plans. Included in the briefing
was a presentation by the architect, Mr. Bill Robb, on the modi-
fications or alterations proposed for the old library building
to adapt it to museum use.
It was brought out at the briefing that $260,000 was the maximum
limit that could be expended for construction, architectual fees,
technical fee, inventory and cataloguing, equipment and facilities.
The remaining balance between the $260,000 and $275,000 allocation
would be expended toward exhibits, display and show case.
The proposed modifications or alterations include:
- New boiler and piping
- Air-conditioning on the first and mezzanine floors
- Central corridor on ground floor
- Installation of an elevator in center of building adjacent ,
to central corridor
- Additional toilet space
- Handicap ramps
- Stairway modifications and room modifications
- Closing in the north recess for additional display area,
fan room, and storage.
There seemed to be general agreement on the modifications or
alterations with the exception of the matter of a new boiler or
heating system. The question has been raised as to whether a
new boiler should be installed at this time and whether electrical
or gas energy should be used.
The present boiler is in use and is useable at the present time.
The question is how long will it be useable.
1. Boiler
1) It is now a steam boiler, This will have to be converted
to hot water. It is better'to have a new, more efficient
hot water boiler than a converted steam boiler.
359
b) Age of boiler:
Pipes show evidence of rust indicating possible rusting
of boiler as well as pipes.
The boiler probably will be ready to be replaced within the
next 5-10 ,Years anyway.
The Building Inspection Division recommends its replacement.
We could take a chance that it will last for a while which would
mean postponing the replacement and its cost. This will cost
more later and be more difficult.
c) Location of Boiler:
We will have to move the boiler if a new central corridor
is desired and if we wish to put the elevator in the
center of the building and provide ramps for the handi-
capped.
d) If the building is to last 30 to SO more years, a new
boiler is recommended.
2. Energy type (Gas V.S. Electricity)
a) Electric energy costs approximately three times as much as
gas at the present time.
b) Rates would have to be approximately one cent per K.W.
hr. to compete with gas. They are presently over 3 cents
per K.W. hr.
c) Bob Kost of the City Electric Utility recommends
definitely going to gas now as a net savings to the City.
d) Rates might go up disproportionately, gas faster than
electricity; but electricity rates will go up also
because of fuel costs to produce it.
e) The building is not the type to easily insulate completely
if electric heat is used. Also there is not enough in
the budget to accomplish this.
f) We are already using electricity to cool building for
electric motors, fans, compressors and other related
air handling equipment - SOa of building will be cooled.
g) If gas rates are too high at some future date, the boiler
can be replaced with an electric boiler.
h) Hot water radiation in the basement is the most economical
way to heat the basement now. Water has better mass and
is actually a better heat holding medium than electric
base -board heat.
i) Electric base board and no furnace is less in initial
cost. More required insulation will more than offset
this as well as an increased electrical service to the
building. High energy costs would be a continuing cost.
Recommendation: The Administration recommends that the Council
Authorize us to proceed with the modifications and alterations
360
as indicated in paragraph #3 above. This includes the new
boiler and piping, such modifications, alterations, equipment
and fees to not exceed $260,000."
Councilman Bowling made a motion, seconded by Councilwoman Reeves
to adopt the recommendation. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Suinn and Wilkinson. Nays: None.
Proposed Bylaws for Designing Tomorrow Today
Steering Committee Approved
Preston Davis, Chairman of the DT2 Steering Committee stated
Council had had for some weeks a recommended set of Bylaws.
Also, Council had a report stating the objectives and achievements.
Mr. Herb Brauer inquired if adoption of the bylaws at this time
committed the City to fund DT2 at this time. City Manager Brunton
and City Attorney March stated the Council has complete control
of the budget at all times.
Councilman Suinn made a motion, seconded by Councilman Bowling
that the Council express its acceptance and approval of staggered
terms concept for the DT2 Steering Committee. Yeas: Councilmembers
Bloom, Bowling, Suinn and Wilkinson. Nays: Councilmembers
Gray and Reeves. ,
Councilwoman Gray made a motion, seconded by Councilman Bowling
to appove the DT2 Steering Committee Bylaws. Yeas: Councilmembers
Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None.
Various Power Line Easements Ac
Following is the City Manager's memorandum on this item:
"The following power line easements requiring Council approval
are routine in nature. All four easements are needed for the
installation and continued operation, maintenance, repair,
alteration, inspection, and replacement of underground and/or
overhead electric transmission and distribution lines. The
City needs these easements in order to take over electric
service to areas which are annexed into the City but are still
on Public Service Company power.
1. Grantor: Lovina J. and James Wesley Brown
Location: South side of West Prospect Street, just west
of Bauder School.
Consideration: $1.00
2. Grantor: United Bank of Fort Collins
361
Location: 2S36.West Prospect Street
Consideration: $1.00
3. Grantor: John C. Anderson
Location: 2614 and 2S36 West Prospect Street
Consideration: $1.00
4. Grantor: Barbara Jo Hendricks
Location: 2614 West Prospect Street
Consideration: $1.00
Councilman Suinn made a motion, seconded by Councilman Bloom to
accept the above easements. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Suinn and Wilkinson. Nays: None.
Citizen Participation
1. Patricia Hoffman, 2211 West Mulberry, read at length a letter
setting out alleged abuses in the administration of zoning
and other ordinances, rules and regulations of the City,
perpetuated.by various administrative heads of departments.
City
Manager Brunton stated the administration would make
a report
on this item at the July
6, 1976 Council meeting.
'
2. Andy
Anderson, 1421 Skyline Drive
appeared before Council
and
requested Council not appeal
the decision handed down
from
the District Court regarding
the Charter Amendment,
City
Manager question.
City Attorney March responded that the City is not appealing
the decision and is not taking action in any other appeals.
3. Sandra Klug, 627 Whedbee, representing the Colorado Centennial
Bicentennial Commission presented checks in the amount of
$S,294.00 to be used at Lee Martinez Park and $800 for the
Fort Collins Symphonic Society.
Report from the City Manager
City Manager Brunton made the following announcements and reports:
a. Report on the APPA Conference with copies on file of all
major talks.
b. The City has made 18 grants totaling $62,000 for housing
rehabilitation work.
362
C. The purchases for the year to date are 2,679 purchases
including 149 bids with a total of $7,620,000.00.
d. The City is signing an agreement with the Department of
Local Affairs for $11,074.00 for a communication upgrade.
e. The Citv has been notified by the United States District
Court of a Temporary Restraining Order regarding the
suspension of a liquor license for the Country Politan
Restaurant.
f. The Administration has changed the sidewalk inspection
policy. The basic inspection will now be performed by
the Building Inspection personnel.
g. Calls have been received in opposition to the City's
closing the Poudre Canyon Water Plant to picnickers,
to bikers and kayakers. The Colorado Department of
Health requires these areas to be closed.
h. The City's Overlay Program will encompass the following:
Colorado Street - from Locust to the alley north of Laurel.
Magnolia Street - from Peterson Street to Riverside.
Olive Street - from Peterson to Riverside. '
Shields Street - from Elizabeth to Prospect.
Taft Hill Road from Elizabeth to Prospect.
Skyline Drive - from Elizabeth to Orchard Place.
Drake Road - from Meadowlark Avenue to the Larimer Canal #2.
i. The City took bids on the Service Center. The low bidder,
Cook Construction Company, will receive the award at
$544,248.00.
j. The Fire Department has reported that Gene Chantler has
been elected as a Trustee of the Fire Pension Board.
k. Sixty-eight trees have been lost due to winter kill in the
City's nursery.
1. Bids will be opened on August 16th for Street Improvement
District No. 71.
M. There has already been some slight peeling of the swimming
pool floor recently repainted.
n.. Mayor Wilkinson has received a letter from William Tietz,
Dean of the College of Veterinary :'Medicine, thanking the
363
City for its help in getting funding for the new Vet
Hospitalhere in Fort Collins.
o. The administration has received a complaint from a
citizen requesting enactment of a noise ordinance.
p. Extensive programs will be held on the 4th of July
at City Park. The park will be closed off completely
to vehicle traffic.
q. Revisions to Personnel Policies and Procedures have been
completed.
r. A summary is complete up through December 31, of the
Seven Year Capital Program.
S. The Manager attended, on behalf of the City, the dedication
of the Greeley Water Treatment Plant and the Longmont City
Hall dedication.
Report from City Council Representatives on Committees
No report from members.
Request Regarding Changes in Curfew Ordinance
Referred to City Attorney for Change
Following is the City Manager's report and recommendation on
this item:
"This item was considered by the City Council at their June 1, 1976
meeting. Council tabled any action until June 22, 1976, pending
input from PTO and PAB organizations. Changes in the ordinance
were requested by the Task Force on Police -Community relations.
In order to get more input, a public hearing was held by the
Task Force on June 15, 1976. Material prepared by the Task Force
Chairman is provided.
Recommendation: The Administration recommends that no changes
e made to the curfew ordinance."
Lupe Carbajal, Chairperson of the Task Force on Police Community
Relations gave an oral report on the June 15, 1976 public hearing.
The recommendation of the task force is that the Council suspend
the Curfew Ordinance for a period of one ,year in order to gather
data on this item.
Mayor Wilkinson inquired into the input received from P.T.O.'s
and P.A.B.'s. Judy Duran, a member of the Task Force stated
the chairpersons had been contacted but because of the ending of
364
terms, no position had been taken.
Others addressing the issue were as follows:
1. Velma Valdez who spoke in opposition to any change in the
ordinance.
2. Gil Carbajal spoke in support of the task force recommendation.
3. Margaret Batson, member of the Human Relations Commission,
voted to support the recommendation for the suspension of
the curfew ordinance for one year.
4. Bruce Hall, from CSU, spoke in opposition to any change in
the ordinance.
S. Eleanor Gale, member of the task force, spoke in support of
the recommendation.
6. Mary Jane Hall spoke in opposition to suspending the ordin-
ance prior to having a method established for gathering
statistics.
7. R.L. Bennett read at length a letter of opposition to
changing the Curfew Ordinance.
8. Police Chief Ralph Smith spoke in opposition to suspending '
the ordinance or changing it.
9. Sam Van Why, member of the Human Relations Commission, spoke
in favor of the task force recommendation.
10. Jim Weddel spoke in opposition to changing the ordinance.
11. Attorney Paul Salas spoke in support of the task force
recommendation.
12. Chief of Investigative Division, David Feldman, spoke to
the enforcement portion of the ordinance and the difficulty
in monitoring the affects of a suspension of the ordinance.
13. Gloria Newman spoke in favor of suspending the curfew.
14. Doug Keasling spoke in opposition to the task force
recommendation.
Mavor Wilkinson then called for Council comments on this item.
Councilman Bowling made a motion, seconded by Councilman Suinn
that the ordinance stand, with instruction to the City Attorney
to redraw the time from 11:00 p.m. to 12:00 p.m. Yeas: Council -
members Bloom, Bowling, Reeves, Suinn and Wilkinson. Nays:
Councilwoman Gray.
365
Councilman Suinn made a motion,.seconded by Councilwoman Reeves
that the administration be directed to change the ordinance
to read age IS. Yeas: Councilmembers Gray, Reeves and Suinn.
Nays: Councilmembers Bloom, Bowling and Wilkinson.
Mayor Wilkinson stated this motion died as it takes a majority
vote of the Council to take action.
Ordinance Denied Relating to West Mulberry,
Washington. Mvrtle Street Rezoning
Following .is a portion of the City Manager's memorandum on this
item:
"The proposed rezoning is for a 5-acre half -block located directly
east of Dunn Elementary School. The half -block .is currently
zoned and developed as R-L, low density residential in a single
family residential area. The owners of some houses have estab-
lished apartment rental units in the basements of their homes
which are now operating illegally. The zoning request to change
the zone to R-L-M, low density multiple family residential,
would legalize the duplex uses."
Planning Director Les Kaplan and Planning Technician Barbara Oglesby
addressed the arguments against the rezoning and stated the
recommendation was for denial. The item of having apartments
in basements of homes currently operating illegally should also
be made of record.
Citv Attorney March stated this does represent at least three
zoning violations in the block; no action has been taken pending
final action on the petition for rezoning. If the zoning is
not changed, the City must take action to have the basement
apartments or duplex apartment removed.
Petitioner Randy Pope spoke in favor of the rezoning request.
Those in opposition to the rezoning were as follows:
1. Don Barrett, 820
2. An unidentified
3. John Nicol, 610
West Mulberry.
area resident.
South Washington.
Councilwoman Reeves made a motion, seconded by Councilwoman Gray
to deny the request and not pass Ordinance No. 48, 1976. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson.
Nays: None.
366
Ordinance Adopted on First Reading Relating
to Deines East Prospect Street Rezoning
Following is a portion of the City Manager's memorandum on
this item:
"This proposal requests rezoning from R-M, medium density
residential for three acres located directly south of
Teledyne Water Pik. The rezoning request would permit the
development of office buildings and an indoor restaurant on
the site."
Councilman Bowling made a motion, seconded by Councilman Bloom
to adopt Ordinance No. 49, 1976 on first reading. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and
Wilkinson. Nays: None.
Ordinance Denied Relating to Miller,
Overland Trail at Prospect Street Rezonin
Following is a portion of the City Manager's memorandum on
this item:
"This is a request to rezone a 3,-acre site near the inter-
section of West Prospect and Overland Trail from B-L, limited ,
business district, to H-H, highway business district. The
requested rezoning would permit the development of a car -wash
upon the site."
The Planning and Zoning Board voted 2-2 on a motion to approve;
resulting in no recommendation. The staff recommends denial.
Attorney Tom Metcalf, representing the applicant, stated the
request is to be allowed to use the site as a car wash.
Councilmembers discussed the desirability of the H-B zone in
this area. Planning Director, Les Kaplan clarified this rezoning
should be described as a rezoning for highway business uses and
not rezoning for a car wash.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves
to deny the request and not pass Ordinance No. SO, 1976. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves and Suinn. Nays:
Councilman Wilkinson.
367
Cottonwood P.U.D. Preliminary Plan Approved
' Following is the City Manager's memorandum on this item:
"In this revision of the initial preliminary plan presented
to the City Council at its June 1, 1976, meeting, the petitioner
has responded to Council concerns about the originally proposed
placement of two commercial buildings at the corner of Stover
Street and East Drake Road. The City Council had referred
the initial plan back to staff to work out a more suitable
location on the site for the commercial uses permited by
review within the planned residential zone. The plan is for
312 units of single and multi -family development on S2 acres
at the northeast corner of Drake Road and LeMav Avenue.
The revised plan essentially reverses the locations of the
proposed day care center, and these two commerical structures.
Also, the revision relocates the swimming pool from a southeast
location to an area between the single-family and multi -family
development and provides an additional access path to the active
recreational area.
The new location for the day care center seems less appropriate
than initially proposed, and the other commerical uses seem
well suited for the corner, provided City controls concerning
commercial uses prevail. Because the City has review over the
nature of commercial uses within a PUD, retail commercial
activities can be prohibited while certain office uses allowed.
In that the Council and interested citizens at the June 1, 1976,
meeting appeared most concerned over the possibility of retail
uses on the corner, the City has the option to allay these
fears by imposing use restrictions for commercial structures
within the Cottonwood PUD.
Recommendation: The City Administration recommends that non -
retail, commercial uses allowed in the R-H, high density resi-
dential zone, be allowed for the non -day care commercial buildings
in the Cottonwood PUD, and that the Stover Street --Drake Road
corner for such commercial activities, as proposed, continue."
Petitioner Maurice Deines spoke in support of the plan. Adjacent
property owner, Attorney Eugene Mitchel, spoke in general to
the need or lack of it for commercial uses in the area, and the
need to have provision for maintenance of the common areas.
Councilwoman Reeves made a motion, seconded by Councilman Bloom
to adopt staff recommendation approving the PUD with commercial
uses in the southwest corner restricted to non -retail (R-H type)
uses and with the understanding that the maintenance and upkeep
for the commercial portion of the development will be provided
for by appropriate covenants. Yeas: Councilmembers Bloom,
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Reeves and Wilkinson. Nays: Councilmembers Bowling, Gray
and Suinn.
Mayor Wilkinson declared the motion lost.
Councilwoman Reeves made a motion, seconded by Councilman Bloom
to re -move her previous motion. Yeas: Councilmembers Bloom,
Gray, Reeves and Wilkinson. Nays: Councilmembers Bowling and
Suinn.
Stonehenge Subdivision, Second Filing,
Final Plan Approved
Following is the City Manager's memorandum on this item:
"This final plat for the development of 22 single-family lots
on 7 acres zoned R-L lies between the first filing of the former
Spring Creek Village Subdivision (renamed Stonehenge Subdivision)
on the north and the Parkwood Subdivision on the south. The
proposed development has aroused concern among residents of
Parkwood, principally because of the possible connection of
Rollingwood Drive and Brookwood Drive in Parkwood with the
local street system in the Stonehenge Subdivision.
Some Parkwood residents fear that the extension of Rollingwood '
and Brookwood would undermine the character of the Parkwood
neighborhood and impose a safety hazard for the children. However,
the City staff feels that there are mitigating circumstances;
namely, the establishment of an additional school district and
City plans for a collector street east of Rollingwood, which
should allav the fears of Parkwood residents.
The proposed second filing shows only Rollingwood connecting
Stonehenge and Parkwood. This is a compromise response by the
petitioner to resident opposition. City policy requires that
there be at least two points of access to a residential develop-
ment, which would mean that at least one street in addition to
Stuart would have to connect with the second filing. On
June 7, 1976, the Planning and Zoning Board voted 2 to 1 with
one abstaining vote to approve the final plat.
Prior to the completion of a utility plan, the City Council
must resolve the question of Rollingwood and Brookwood extensions.
Recommendation: The Citv Administration does not feel that a
justification exists for changing the basic local street pattern
as approved in 1971. The present configuration of Rollingwood
and Brookwood within Parkwood, future transportation plans of
the city, and the plans for a new elementary school in the
southeast should mitigate the reasons for resident concerns."
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Attorney Jack Vahrenwald, representing MEES Ltd., the owner,
spoke in favor of the -plan. Those speaking in opposition
were are follows:
1. Albert Frank, 2013 Rollingwood Drive, spoke in opposition
to both streets going through.
2. Attorney Garth Rogers, representing the Parkwood Home Owners
Association, who are opposed to both streets going through.
3. Mrs. Floyd Peterson, 1301 Rollingwood, spoke to school
district boundary map.
4. Ken Ackelson, Lake Sherwood Subdivision, spoke in opposition
to Rollingwood emphasing moving the north -south traffic.
S. Mrs. Diane Hassett, 2114 Brookwood Drive, spoke in opposition
to Brookwood being a through street.
6. Dean Winkler, resident, who lives between the two subject
streets, stated traffic would be directed away from
signalized streets.
7. Charles Herrick, 2024 Brookwood Drive, spoke to the petitions
signed in favor of dead -ending both streets.
Developer, Reid Rosenthal, spoke to access to the subdivision
Councilwoman Reeves made a motion, seconded by Councilwoman Grav
to approve the plat of the -Stonehenge Subdivision, Second Filing
with both streets (Rollingwood BrReevded. Yes:
eS, Suinnnand Wilkinson.
Councilmembers Bloom, Bowling,Gray,
Nays: None.
Southmoor Village East Subdivision
Second Filing, Final Plat Approved
Following is the City Manager's memorandum on this item:
"This final plat is for five estate size lots, all over one acre
in size to be located on the east side of LeMay north of Horsetooth.
The existing Nelson farmhouse would be preserved on the northern-
most of these five lots. The plat also provides an access ease-
eational bike path through this site
ment for extension of a recr
as per the Bikeway Master Plan.
The Planning staff and Planning and Zoning Board (by unanimous
vote) recommend approval of this subdivision."
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Councilman Bowling made a motion, seconded by Councilman Suinn
to approve the Final Plat of the Southmoor Village East
Subdivision, Second Filing. Yeas: Councilmembers Bloom,
Bowling, Reeves, Suinn and Wilkinson. Nays: None. (Council-
woman Gray out of room.)
Amendment of K-Mart Plaza P.U.D.
Final Unit Development Plan approved
Following is the City Manager's memorandum and recommendation
on this item:
"A revision to the 1971 approved K-Mart Plaza PUD has been
prompted by the owner's desire to enlarge from 2,000 square
feet to 4,200 square feet the retail floor area within the
undeveloped L-shaped area of the original plan. The pre-
liminary plan for the PUD revision was approved by the City
Council at its March 17, 1976, meeting with conditions relating
to additional landscaping and paving that -.portion of the access
road between K-Mart Plaza and Century Mall, which is within
the K-Mart Plaza PUD.
At its June 7, 1976, meeting, the Planning and Zoning Board
approved a final unit development plan for the amended K-Mart
Plaza PUD. The principle conditions placed upon approval
were that appropriate landscape and performance bonds be I
posted with the City prior to the issuance of a building
permit of the proposed additional structure.
Recommendation: The Citv Administration recommends that the
final plan forthe amendment of K-Mart Plaza PUD be approved
by the City Council with the conditions itemized by the Planning
and Zoning Board and that the City Attorney approve all land-
scaping and road improvement agreements between the owner and
the City."
Following are the Planning and Zoning Board conditions for
approval:
"1. The proposed landscape plan must be approved by the City
Arborist;
2. A landscape bond for all required additional landscaping
must be deposited with the City prior to the issuance
of a building permit for the building in the L-shaped area;
3. A performance bond for the improvement of the south half
of the access road (end at the Century Mall) must be
deposited with the City prior to the issuance of a building
permit for the building in the L-shaped area;
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4. The angled kiosk must be positioned in a manner acceptable
to the City Traffic Engineer."
Mr. Don Kapity, General Manager of K-dart stated he had been
instructed to attend the meeting to point out several things:
1. The company has not been officially notified that there
is a change of ownership.
2. As foranv additional construction on that property,
accessibility to the new area is in violation of the lease
agreement; and
3. A proposed photo -mat in the parking lot is also in violation.
4. Parking as outlined belongs to K-Mart.
City Attorney March stated this is a private matter between the
two entities; it does,however, take both; it takes City action
and a private resolution to the problem.
Councilman Bloom made a motion, seconded by Councilman Suinn
to approve the amendment of K-Mart 'Plaza PUD, Final Unit
Development Plan, based upon a landscaping bond and the
improvement of the access road. Councilmembers Bloom, Bowling,
Gray, Reeves, Suinn and Wilkinson. Nays: None.
Falk-Seabera Subdivision Final Plat
Following is the City Manager's memorandum on this item:
"This final plat is for four standard sized (average lot size,
7,500 square feet) single-family lots on .7 acres located on
the west side of Locust Court opposite the new Laurel Elementary
School. Locust Court, the street upon which these lots would
front, is already in existence onadedicated street right of
way, having been built several years ago by the School District
to provide. access to Laurel School.
The Planning staff and Planning and Zoning Board (by unanimous
vote) recommend approval of this subdivision."
Councilman Bloom made a motion, seconded by Councilman Bowling
to approve the Falk-Seaberg Subdivision Final Plat. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson.
Nays: None.
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Adjournment
Mayor Wilkinson stated the Council will be making appointments
to Boards and Commissions on June 29, 1976.
Councilman Bloom made a motion, seconded by Councilman Suinn
to adjourn the meeting to 1:30 P.M. on June 29, 1976. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and
Wilkinson. Nays: None.
ATTEST: ' I
V '
City Clerk
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