HomeMy WebLinkAboutMINUTES-12/07/1976-RegularDecember 7, 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, December 7, 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, DiTullio, Kaplan, Bingman, Parsons,
Deibel and Lewis.
Also: City Attorney Arthur March, Jr.
Minutes of the Adjourned Meeting of November 23, 1976
and the General Improvement District Board Meeting of
November 23, 1976 Deferred to December 21, 1976
Mayor Wilkinson announced the minutes were not available and
consideration for anDroval would be deferred to the December 21,
1976 meeting.
Ordinance Adopted As Amended on Second Reading Relating
to the Amount of City Contribution to the City's
Policemen's Pension Fund
Following is the City Manager's memorandum and recommendation on
this item:
"Council adopted this ordinance on first reading at the last meeting.
The effect of the ordinance is to increase the City's contribution
to the Policemen's Fund from 5% to 6% which automatically causes
a similar increase from the individual contributions. Inadvertently,
a section was left out of the ordinance establishing the effective
date as January 1. This is necessary since no funds are budgeted
for the increase until that date.
Recommendation: The Administration recommends the following:
(1) Council amend the ordinance by titling the portion already
adopted as Section 1 and by adding a Section 2 as follows:
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The effective date of this ordinance shall be January 1,
1977, and the same shall apply to salaries accruing after
that date.
(2) Adoption of the ordinance as amended."
Councilman Bloom made a motion, seconded by Councilman Bowling
to amend the ordinance as recommended by the administration.
Yeas: Councilmembers Bloom, Bowling, Reeves, Russell, Suinn and
Wilkinson. Nays: None.
Councilman Bloom made a motion, seconded by Councilman Bowling
to adopt Ordinance No. 90, 1976 as amended on second reading.
Yeas: Councilmembers Bloom, Bowling, Reeves, Russell, Suinn and
Wilkinson. Nays: None.
ORDINANCE NO. 90, 1976
BEING AN ORDINANCE AMENDING SECTION 2-39 D
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO THE AMOUNT OF THE CITY'S
CONTRIBUTION TO THE POLICEMEN'S PENSION FUND
BE IT ORDAINED BY THE COUNCIL bF �HEICIT� OF FORT
COLLINS:
Section 1. That Section 2-39 D of the Code of the
City of Fort Collins be amended, and the same hereby is, to
read as follows:
"D. An amount equal to six percent (6%) of the
total monthly salaries of members of the
Police Department eligible to be members of
the Policemen's Pension Fund, which amount
the Director of Finance is hereby authorized
and directed to pay from the general fund of
the City of. Fort Collins into the Policemen's
Pension Fund monthly."
Section 2. The effective date of this ordinance shall
be January 1, 1977 and the same shall apply to salaries accruing
after that date.
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Introduced, considered favorably on first reading, and
ordered published this 23rd day of November, A.D. 1976, and to be
presented for final passage on the 7th day of December, A.D. 1976.
Mayor
ATTEST:
City Clerk Deputy
Passed and adopted as amended on final reading this
7th day of December A.D. 1976.
Mayor i o
ATTEST:
City Clerk
First Reading: November 23, 1976 (Vote: Yeas: 6, Nays: 0)
Second Reading: December 7, 1976 (Vote: Yeas: 6, Nays: 0)
Dates Published: November 28, 1976 and December 12, 1976
Attest: r
City Clerk
Ordinance Adopted As Amended on Second Reading Relating
to the Amount of the City's Contribution to the
Firemen's Pension Fund
Following is the City Manager's memorandum and recommendation on
this item:
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"This is the companion ordinance to Ordinance No. 90 and effects
a similar increase for the Firemen's Pension Fund. For the same
reasons as given under Ordinance No. 90, the effective date should
be January 1, 1977.
Recommendation: The Administration recommends the following: '
(1) Council amend the ordinance by titling the portion
already adopted as Section 1 and by adding a Section 2
as follows:
The effective date of this ordinance shall be January 1,
1977, and the same shall apply to salaries accruing after
that date.
(2) Adoption of the ordinance as amended."
Councilman Suinn made a motion, seconded by Councilman Bowling
to amend the ordinance per the recommendation. Yeas: Council -
members Bloom, Bowling, Reeves, Russell, Suinn and Wilkinson.
Nays: None.
Councilman Russell made a motion, seconded by Councilman Bloom to
adopt Ordinance No. 91, 1976 as amended on second reading.
Yeas: Councilmembers Bloom, Bowling,3ray, Reeves, Russell, S-uinn and
Wilkinson. Nays: None.
ORDINANCE NO. 91, 1976
BEING AN ORDINANCE AMENDING SECTION 2-33
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO THE AMOUNT OF THE CITY'S
CONTRIBUTION TO THE FIREMEN'S PENSION FUND
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
Section 1. That Section 2-33 of the Code of the
City of Fort Collins be amended, and the same hereby is, to
read as follows:
"§ 2-33 Contribution from general fund.
The Director of Finance of the City o*,,Fort Collins,
Colorado, is hereby authorized and directed to pay
from the general fund of the City of Fort Collins into
the Firemen's Pension Fund of the City of_'Fort Collins
such sum monthly as shall equal six percent (6'/)rr;of
the total monthly salaries of the Fire Department of
the City of Fort Collins."
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Section 2. The effective date of this ordinance shall
be January 1, 1977, and the same shall apply to salaries accruing
after that date.
Introduced, considered favorably on first reading, and
ordered published this 23rd day of November, A.D. 1976, and to
be presented for final passage on the 7th day of December, A.D.
1976.
ATTEST:
City Clerk Deputy
Passed and adopted as amended on final reading this
7th day of December, A.D..1976.
ATTEST:
City Clerk
First Reading: November 23, 1976 (Vote: Yeas: 6, Nays: 0)
Second Reading: December 7, 1976 (Vote: Yeas: 7, Nays: 0)
Dates Published: November 28, 1976 and December 12, 1976
Attest:
;ity Clerk
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Ordinance Adopted on Second Reading Authorizing
the Withdrawal and Repayment of Amounts Paid
into the Fund by a Fire Fighter Who Terminates
Service in the Department
Following is the City *tanager's memorandum on this item:
"At its November 23, 1976, meeting, the City Council adopted the
aforementioned ordinance on first reading. At the present time
a Fire Fighter who terminates service other than for retirement
or disability is not eligible to obtain a refund of his past
contributions to the Fund. This ordinance provides for the Fire
Fighter to get such a refund of his past contributions without
interest upon termination of employment. It further allows any
such Fire Fighter to re-enter service in the Fire Department and
pay back the amount previously refunded to him in order to allow
him to be credited with his previous years of service for retire-
ment purposes. This ordinance parallels an existing ordinance
to the same effect for City Police personnel participating in the
Policemen's Pension Fund."
Councilman Suinn made a motion, seconded by Councilman Bloom'to
adopt Ordinance No, 92, 1976 on second reading. Yeas: Council -
members Bloom, Bowling, ;ray,_Reeves, P.ussell, Suinn and_Wilk_in_son.
hiays: None.
ORDINANCE NO. 92 , 1976
BEING AN ORDINANCE AMENDING SECTION 2-34
OF THE CODE OF THE CITY OF FORT COLLINS
AUTHORIZING THE WITHDRAWAL AND REPAYMENT
OF AMOUNTS PAID INTO THE FUND BY A FIREMAN
WHO TERMINATES SERVICE IN THE DEPARTMENT
WHEREAS, heretofore on May 14, 1970, the Firemen's Pension Board
by motion adopted the rule that all contributions to the Firemen's
Pension Fund after July 1, 1970, by members of the Fire Department are
eligible to be withdrawn by any fireman to the extent of his contribution,
upon termination of his services in the Department other than by retirement
or disability; and
WHEREAS, on June 4, 1975, pursuant to a decision of the Colorado
Court of Appeals, which -held that no portion of the employee's contributions
to pension funds upon termination is refundable, the Board voted to rescind
its action of May 14, 1970, which allowed such refunds; and
WHEREAS, the Supreme Court of Colorado has recently reversed the
above decision of the Court of Appeals and held that refunds of firemen's
pension contributions are legally permissible if such refunds are properly
authorized; and
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WHEREAS, the Firemen's Pension Board on November 3, 1976, adopted
a resolution,
subject to approval by the City Council of the City of Fort
Collins,
to authorize the withdrawal and repayment of amounts paid into
the fund
by any fireman.who terminates service in the Fire Department;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
That Section 2-34 of the Code of the City of Fort Collins be amended,
and the
same hereby is, to read as follows:
"2-34. Contributions from Salaries; Refund of Contributions.
A. The members of the Fire Department of the City of Fort Collins
shall from their respective monthly salaries contribute into the
Firemen's Pension Fund of the City of Fort Collins identical
percentages monthly of their respective monthly salaries so that
the contribution of the Fire Department as a whole shall match
he contribution of the City of Fort Collins as provided for under
2-33 of this Article. In order to effect such contribution,. the
Director of Finance is hereby authorized and directed to deduct
the appropriate amounts, as are hereinabove described in this
section, from the respective monthly salaries of the members of
the Fort Collins Fire Department and to deposit the same in
the Firemen's Pension Fund of the City of Fort Collins.
B. Any member who leaves the service of the Fire Department of the
City of Fort Collins prior to becoming eligible for a pension here-
under for any reason other than such member's death or disability,
shall receive, upon demand by such member, a refund of all funds
that shall have been paid into such fund by that member, provided'
that such demand be made within one year from date of termination
of employment. Such refund shall not include accumulated interest
on the member's contributions or any portion of the City's contribu-
tions to the Firemen's Pension Fund.
C. If any member has left the service of the Fire Department of the
City and has received a refund of his contributions to the fund, and
if thereafter such member reenters the service of the hire Department
of the City, such member shall be entitled to pay back the amount
refunded to him, together with interest thereon at the rate of three
percent (3%) per annum from the date the refund was made. Such
amount may be paid in a lump sum or in installments as the Board
of Trustees of the Firemen's Pension Fund may determine. To the
extent that such amount is paid back into the Firemen's Pension
Fund, previous years of service shall be credited toward such
member's eligibility for retirement.
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Introduced, considered favorably on first reading, and ordered
published this 23rd day of November , A.D. 1976, and to be presented
for final passage on the 7th day.of December A.D. 1976.
Mayor
ATTEST:
City Clerk Deputy
Passed and adopted on final reading this 7th day of December
A.D. 1976.
ATTEST:
City C erk---
:'first Reading: November 23, 1976
Second Reading: December 7, 1976
Dates Published: November 28, 1976
Attest:
City Clerk
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(Vote: Yeas: 6, Nays: 0)
(Vote: Yeas: 7, Nays: 0)
and December 12, 1976
Ordinance Adopted on Second Reading Rezoning Lots
173 and 174 in Southmoor Village Third Filing
Following is the City Manager's memorandum on this item:
"This ordinance changes the zoning on two lots in Southmoor Village
Third Filing in order to make the zoning for these lots compatible
with the adjoining area which was previously rezoned. This change
has been approved by the Planning and Zoning Board and the
Planning Staff."
Councilman Bowling made a motion, seconded by Councilwoman Gray to
adopt Ordinance No. 93, 1976 on second reading. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson.
Nays: None.
. ORDINANCE NO. 93 , 1976
BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING
CLASSIFICATION FOR CERTAIN PROPERTY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
That the zoning district map of the City of Fort
Collins, Colorado, adopted by the zoning ordinance of the
City of Fort Collins, is hereby amended by changing the
zoning classification from R-P, Planned Residential District
to R-L-M, Low Density Multiple Family District for the
following described property in the City, to -wit:
Lots 173 and 174, Southmoor Village Subdivision
Third Filing, in the City of Fort Collins,
Colorado.
Introduced, considered favorably on first reading, and
ordered published this 23rd day of November A.D. 1976 and to
be presented for final passage on the 7th day of December
A.D., 1976.
yor
ATTEST:
City Clerk (Deputy)
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Passed and adopted on final reading this 7th day of
December, A.D. 1976.
Rayolf
ATTEST•
City Clerk
First Reading: November 23, 1976 (Vote: Yeas: 6, Nays: 0)
Second Reading: December 7, 1976 (Vote: Yeas: 7, Nays: 0)
Dates Published: November 28, 1976 and December 12, 1976
Attest:
City Clerk
Ordinance Adopted on First Reading Relating
to Elections
Following is the City Manager's memorandum on this item:
"As part of the proceedings to gear up for the general City
election, it is necessary to update some of our election ordinances:
The enclosed ordinance will accomplish the following:
1. Raise compensation for election judges from $25 to $30 per day.
2. Change and correct polling places for some of the precincts in
order to conform with the polling places established most
recently by the County.
3. Adopt a new precinct map which conforms with County precincts
and extends to the current city boundaries. The new precinct
map adopted by this ordinance will be available at the Council
meeting."
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City Attorney March stated for the record the new precinct
map is available and is consistent with the County precinct
boundaries and is an extension of the former map_ to fit the
enlarged boundaries of the City since 1975. It was also
established that the proposed increases in compensation for
judges was anticipated in the 1977 budget.
Councilwoman Reeves made a motion, seconded by Councilwoman Gray
to adopt Ordinance No. 94, 1976 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson.
Nays: Councilman Russell.
Ordinance Adopted Amending Procedural Ordinance For
General Improvement Districts Relating to Sale of Bonds
Declaring an Emergency
Following is the City Manager's memorandum on this item:
"Further discussions between the City Attorney and William Lamm,
the special bond counsel, dealing with the improvement districts
for downtown have raised some question whether bonds of the,
general improvement district can be sold through a negotiated sale.
The Charter of the City permits sale of bonds on a negotiated
basis, and it has been the intention of all parties working on
this project that the general improvement district could also sell
its bonds through a negotiated sale. The advantages of a negotiated
sale were presented to the City Council acting as the board of the ....
general improvement district at the last Council meeting. In
order to eliminate any question as to this procedure, the attached
ordinance has been prepared by the City Attorney and is presented
for adoption as an emergency measure."
Councilwoman Gray made a motion, seconded by Councilman Suinn to
adopt Ordinance No. 95, 1976 as an emergency measure. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and
Wilkinson. Nays: None.
ORDINANCE NO. 95 , 1976
BEING AN ORDINANCE AMENDING SECTION 15-4
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO THE ISSUANCE OF BONDS IN LOCAL
PUBLIC IMPROVEMENT DISTRICTS
WHEREAS, heretofore by Ordinance No. 45, 1976, the City
Council enacted Chapter 15 of the Code of the City of Fort
Collins, Colorado; and
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1.
WHEREAS, such chapter was enacted to provide greater
flexibility in the methods of creating local public improve-
ment districts, constructing improvements therein and paying
for such improvements; and
WHEREAS, the Charter of the City of Fort Collins permits
the sale of bonds either by bid or at private sale; and
WHEREAS, in the opinion of the City Council it is
necessary and desirable that bonds in a local improvement
district organized pursuant to Chapter 15 of the Code of the
City of Fort Collins be permitted to be sold either by bid
or at private sale; and
WHEREAS, it was the intention of the City Council in
adopting Ordinance No. 45, 1976, that bonds of the district
would be saleable either on bid or at private sale; and
WHEREAS, a question of construction has arisen whether
sale of bonds at private sale is permitted and the City
Council desires to clarify its intent in enacting Chapter 15
of the Code of the City of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Section 1. That Section 15-4 of the Code of the City
of Fort Collins be, and the same hereby is, amended by
adding thereto at the end thereof the following:
"Any such bonds authorized by the Board of Directors
may be sold on such terms and conditions as determined
by the Board of Directors either by public bid or at
private sale."
Section 2. Inasmuch as it is necessary to market the
bonds in General Improvement District No. 1, a district
formed under the provisions of Chapter 15 of the Code of the
City of Fort Collins, as soon as possible, in order that the
district can undertake the construction of the project
contemplated in the district, the City Council hereby finds
and determines that the passage and adoption of this ordinance
is for the immediate preservation of the public health,
safety and welfare, and that the ordinance should be passed
as an emergency ordinance and become effective upon its
passage.
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Introduced and finally passed and adopted this 7th day
of December, A.D. 1976.
Date Published: December 12, 1976 (Vote: Yeas: 7, Nays: 0)
Attest:
r,
City Clerk
Resolution Adopted As Amended Initiating Annexing
Proceedings for the Horsetooth-South Mesa Annexation
Following is the City Manager's memorandum on this item:
"At its November 23, 1976, meeting the Fort Collins City Council
authorized the proceeding with the involuntary annexation of
89.2 acres of land located immediately west of College Avenue
and north of Horsetooth Road. This land has been surrounded for
more than three years on two-thirds of the contiguous property.
Involuntary annexation is consistent with the City's overall
policy in regard to annexation. Since this is not completely
surrounded, we have to have an official public hearing prior to
the passage of the annexation ordinance. The enclosed resolution
establishes the public hearing at 5:30 p.m. on January 18, 1977.
We will provide for the advertising and for the preparation of the
necessary zoning ordinance for the City Council after the annexa-
tion matter has been completed."
City Attorney March advised the Council that there is an error in
the description; starting in the fifth line after the words, "which
bears N 89° 54' W", the following should be inserted "is contained
within the boundary lines which begin at a point", striking the
remainder of lines :five, six and seven. Also adding in the
sixteenth line the letter "E" after the words "660 feet" and by
adding in the 20th line a "2" at the end of the sentence.
Councilman Bowling made a motion, seconded by Councilman Bloom
to amend the resolution in the above particulars. Yeas: Council-
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members Bloom, Bowling, Gray, Reeves, Russell, Suinn and
Wilkinson. Nays: None.
Councilwoman Gray made a motion, seconded by Councilman Russell
to adopt the resolution as amended. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None
RESOLUTION 76-78
OF THE COUNCIL OF THE CITY OF FORT COLLINS
INITIATING ANNEXATION PROCEEDINGS FOR THE
HORSETOOTH-SOUTH MESA ANNEXATION
WHEREAS, heretofore a written petition together with
four prints of an annexation map was filed with the City
Clerk requesting the annexation of certain property more
particularly described as situate in the County of Larimer,
State of Colorado, to -wit:
A tract of land situate in the South 112 of Section 26,
Township 7 North, Range 69 West of the Sixth P.M.,
Larimer County, Colorado, which.considering the South.
line of the SE 114 of said tirction 26 as bearing
N 890 54' W and with all boring contained herein rela-
tive thereto is contained within the boundary lines
which begin at a point which bears N 890 54' W - 38620
feet from the SE corner of said SE 1/4, thence N 89 54'
W, along said South line, 604.82 feet, thence N 000 05,
W - 230.00 feet, thence N 890 54' W - 7g.13 feet, thence
N 000 54' E - 106601 feet, thence, S 89 55' W - 1200.00
feet, thence S 00 54' W - 33S.66 feet, thence 89 54'
W - 1801.791, to the SW corner of the SE 1/4 of Section
26, thence N 890 54' 34" W - 366.30 feet, thence N 000
06' 55" E 660.00 feet, thence S 890 54' 34" E - 366.30
feet, thence N 000 06' 55" E - 917.48 feet, thence S 890
49' 05" E - 1625.48 feet, thence S 010 12' 25" W -
21.23 feet thence N 88° 33' 38" E - 987.72 feet
thence N 880 32' 01" E - 49.32 feet, thence S 00 19'
W - 226.61 feet, thence N 890 54' W- 456.09 feet,
°
thence S 00 05' E - 25g.00 feet, thence N.89. 54' W -
36.50 feet, thence S 00 05' E - 335.05 feet,.thence
along the arc of a 15 foot radius curve to'the left
a distance of 23.51 feet, the long chord of which
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bears S 44 59' 30" E - 21.18 feet, thence N 89 54"
W - 74.9S feet, thence S 000 05' E - 329.21 feet, thence
S 840 42' E - 188667 feet, thence N 88 35' E - 41.02
feet thence N 63 41' 30" E - 176.28 feet thence
N 48 25' 30" E - 157.56 feet, thence S 00 OS' E -
602.61 feet to the point of beginning, containing
89.1517 acres, more or less.
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to the City of Fort Collins, Colorado; and
. WHEREAS, the City Council desires to initiate annexation
proceedings in accordance with law.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
.Section 1. That the City Council hereby finds and
determines that the annexation petition and accompanying map
are in substantial compliance with Section 139-21-6, Colorado
Revised Statutes, 1963, as amended.
Section 2. That January 18, 1977, at the hour of 5:30
P.M., or as soon thereafter as the matter may come on for
hearing, in the Council Chambers of the City of Fort Collins
is hereby set as the date, time and place where the City
Council will hold a hearing to determine if the proposed
annexation complies with the provisions of Sections 139-21-3
and 4, Colorado Revised Statutes, 1963, as amended, or such
parts thereof as may be required.
Passed and adopted at a
Council held this 7th day of
ATTEST:
City Clerk
regular meeting of the City
December A.D., 1976.
Al
yor,
Resolution Adopted Accepting Improvements in
Consolidated Improvement District No. 70,
Adopting the Report of the City Engineer
Respecting the Cost of Improvements in Said
District and the Schedule of Assessments, and
Ordering Notices to be Published
Following is a portion of the City Manager's memorandum on this
item:
"Consolidated Improvement District No. 70 consists of the construc-
tion of water main, sewer main, and street improvements on Swallow
Road. This District was established late in 1974, and initially,
was going to be a 60-foot wide street, including sidewalk and
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street lights, connecting the existing Swallow Road intersection
at College Avenue with the existing Swallow Road in South Meadow-
lark Heights.
The Colorado and Southern Railroad Company would not allow the
City to have a railroad crossing at this location based on the
close proximity of the railroad intersection crossing at Drake
Road. Also, there was a double track for sidetracking purposes
at this location. It appeared unlikely that the City could get
a reversal of this denial from the Public Utility Commission.
Therefore, the City elected to terminate this roadway at the
extension of Mason Street if and when it was constructed in the
area. This reduced the design standards and overall cost of the
project.
...The total construction cost is $59,129.53. When the City's
participation is subtracted and the percentage added for engineering,
legal, and administrative services, the total assessment cost is
$59,311.10. The total assessment rate per frontage foot is $44.14
as compared to the original estimated assessment of $61.45. At
this point, the City Council should accept the improvements in
Consolidated Improvement District No. 70, adopt the report of the
City Engineer respecting the costs and schedule of assessments, --
and order notices to be published by the City Clerk of the assess-
ments to be made in the District."
Councilman Bowling requested the administration report at the
next Council meeting on further contact with the Colorado and
Southern regarding the crossing at Drake Road.
Councilman Bloom inquired if the administration was pursuing a
revision for street lighting standards, and if the new standards
would be included in this district. Director of Engineering
Services, Roy A. Bingman stated the staff was working on the new
standard but they would not be included in this district since it
is already completed.
Councilwoman Gray made a motion, seconded by Councilman Suinn to
adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray,
Reeves, Russell, Suinn and Wilkinson. Nays: None.
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RESOLUTION 76-79
OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING
THE IMPROVEMENTS IN CONSOLIDATED IMPROVEMENT DISTRICT
NO. 70 ADOPTING THE REPORT OF THE CITY ENGINEER RESPECTING
THE COST OF THE IMPROVEMENTS IN SAID DISTRICT AND THE
SCHEDULE OF ASSESSMENTS AND ORDERING NOTICE TO BE
PUBLISHED BY THE CITY CLERK OF -THE ASSESSMENTS TO BE
MADE IN SAID DISTRICT, ALL IN ACCORDANCE WITH THE
ORDINANCES OF THE CITY
WHEREAS, the City Engineer has reported to the City
Council that the improvements in Consolidated Improvement
District No. 70 have been completed and has "recommended that
the same be accepted, and
WHEREAS, the City Engineer has prepared a statement
showing the whole cost of the improvements in said District.
and has further prepared an assessment roll, and
WHEREAS, the City Council has reviewed such reports and
desires to accept the same and advertise and give notice of
assessment in accordance with the Ordinances of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS, that'the report of the City Engineer
regarding the completion of the improvements in Consolidated
Improvement District No. 70, be and the same hereby is
accepted and the improvements in said district are hereby
accepted_by the City Council, and
BE IT FURTHER RESOLVED that the report of the City
Engineer regarding the whole cost of the improvements and
the assessment roll be and the same hereby are accepted and
the City Clerk is directed to notify the owners of property
to be assessed and all persons interested generally that
such improvements have been completed and accepted. Such
notice shall be made as required by the ordinances of the
City.
Passed and adopted at a regular meeting of the City
Council held this 7th day of December, A.D. 1976.
a
ATTEST- I gay.r
City Clerk
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United States Civil Service Commission Intergovernment
Personnel Agency Discretionary Grant Application Approved
Following is the City Manager's memorandum and recommendation on
this item:
"Enclosed is an application for a $2,500 grant from the U.S.
Civil Service Commission Intergovernment Personnel Agency. This
grant would provide for the personnel inventory of human skills
designed to improve opportunities for job enrichment and upward
mobility of the City of Fort Collins' employees in salary ranges
1 through 12. The majority of the City's cost or match for these_
services of the Equal Employment Opportunity Officer and the
Personnel Technician.
I have discussed this with Rosita_Bachmann,Aff_irmative Action Officer,
and Ann Sachs, Personnel Officer, who believe the intent of this
grant is consistent with our overallin-service training program
and career development program. The application has to be submitted
by December 17, 1976.
Recommendation: The Administration recommends that the City Council
authorize the submission of the enclosed application for Federal
assistance, and authorize the Mayor to sign the application on
behalf of the City."
Affirmative Action Officer, Rosita Bachmannresponded to individual
Council questions regarding the proposed grant, the funding portions.
It was established in the course of the discussion that this is a
one year grant application, that the City's cash match is $250.00
and that this amount was not anticipated in the 1977 budget.
Council members also requested a follow-up report on the progress
of the accomplishments made under the grant.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves
to authorize the submission of the application for Federal assistance
and authorize the Mayor to sign the application on behalf of the
City. Yeas: Councilmembers Gray, Reeves, Suinn and Wilkinson.
Nays: Councilmen Bloom, Bowling and Russell.
Replat of Lots 1-13, Block 5, Woodwest
Subdivision, Fourth Filing, Approved
Following is the City Manager's memorandum on this item:
"This Replat consists of thirteen lots adjacent to the west side
of the New Mercer Canal, south of MorsemanDrive on Rocky.Mountain
Way and Rocky Mountain Court in Woodwest Subdivision. ,This
technical replat is required to change the designation•of the 20
foot wide ditch access road from an access easement to•a separate +
84
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lot deeded to the Ditch Company, and also
approval for development. Although this
adopted by the Planning and Zoning Board
meeting, the actual deed transfering the
the Ditch Company only took place in the
to receive FHA
matter was unanimously
at its July 12, 1976,
ground from Woodwest to
last several weeks."
Councilman Bloom expressed concern again regarding "covered ditches"
and his feeling that the City should be pursuing this with new
annexationsor subdivisionsto require the developersto install
covers for ditches in residential areas. City Attorney March
reported that the administration has on -going discussions with
the ditch companies regarding this and allied problems.
Councilman Bowling made a motion, seconded by Councilwoman Gray
to approve the Replat of Lots 1-13, Block 5, Woodwest Subdivision,
Fourth Filing conditioned upon the New Mercer Ditch Company signing
the plat. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves,
Russell, Suinn and Wilkinson. Nays: None.
Purchase of Certain Property Upstream
from the Present Poudre River Water Treatment Plant Authorized
Following is the City Manager's memorandum and recommendation
regarding this item:
"Attached is a proposed agreement between the City and Maurice Deines
providing for the sale of a tract of land in the Poudre Canyon.
The City desires -,this land in order to protect the water supply
to Water Treatment Plant No. 1. Initially, the City desired to
acquire more land; but this land was also the subject to a proposed
contract of purchase from another party. We have now reached
an agreement that the other land will be sold to the third party
but that a protective covenant will be placed on the other land
limiting the use that can be made of it to one single-family
residence on each of two designated tracts. The Water Department
has indicated that this will be adequate to protect the City's
interest and, therefore, the City is accomplishing its result by
purchasing less land and expending a smaller amount.
This parcel consists of 13.32 acres and will cost $16,000. Enclosed
is a memo from Roger Krempel, our Water and Sewer Utilities Director,
on this matter.
Recommendation: The Administration recommends that the City Council
accept this agreement and authorize the Mayor and City Clerk to
sign on behalf of the City."
Councilwoman Gray made a motion, seconded by Councilwoman Reeves
to accept the agreement and authorize the Mayor and City Clerk
to sign on behalf of the City, and that a protective covenant
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be placed on the adjoining land limiting the use. Yeas: Council -
members Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: Council-
men Bloom and Russell.
Agreement with Bill Metier Company as Golf
Professional at Collindale Golf Course Approved
Following is the City Manager's memorandum on this item:
"Enclosed is a copy of the proposed agreement with the Bill Metier
Company in regard to professional golf instruction services at
Collindale Golf Course for the 1977 calendar year. The following are
the only changes from the previous year's contract:
1. 5.4 (page 3) Under our golf cart agreement, we have authorized
with the car company a senior citizens' rate of $3 per nine
holes. By contract we must pay 50% or $1.50 to the company
with the City retaining $1.50. By agreement the pro would
receive 75 cents per cart for this category only, and not the
$1 as per section 5.4.
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2. 12 (page 6) This would allow Bill Metier to have one PGA
tournament at Collindale free of charge. In other words, no
green fee would be charged to the pros for the use of f
Collindale for one day (usually on Monday) in the tournament.
Any cart rentals would be subject to the regular charge.
We believe this is a necessary part of the contract so that
other groups will know this is official.
The terms of the contract have been reviewed by the professional
and the Golf Board, and H.R. Phillips, our Parks and Recreation ..
Director. All are in agreement with the terms and conditions
of this contract. Mr. Metier is doing an excellent job at
Collindale Golf Course."
Councilman Russell requested the administration obtain a copy
of Mr. Metier's "business records, which include every aspect
of the golf course operation", as provided in section 6 on page
4 of the contract. City Manager Brunton stated he would obtain
this record and have it available in his office for review.
Councilman Bowling made a motion, seconded by Councilwoman Reeves
to approve the renewal of the agreement between,,the City of Fort
Collins and the Bill Metier Company and authorize,'the Mayor and
City Clerk to sign the agreement on behalf of the City. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and
Wilkinson. Nays: None.
86
Agreement with Thomas M. Peck to Act as Golf
Professional and Golf Instructor at City Park
Nine Golf Course for Calendar Year 1977 Approved
Following is the City Manager's memorandum on this item:
"Enclosed is a copy of the proposed agreement with Thomas M. Peck
to act as golf professional at City Park Nine Golf Course. The
terms and conditions of the contract are almost identical to those
for the present 1976 calendar year. The one change is section
5.4 on page 3. Under our golf cart lease policy, we have authorized
with the golf cart company a senior citizen rate of $3 for nine
holes. By contract we must pay 50% or $1.50 to the company with
the City retaining $1.50. By agreement the pro would receive
75 cents per cart rental for this category only, and not the
current'$1.
The Golf Board and our Parks and Recreation personnel have reviewed
the contracts and believe it is fair and equitable to Mr. Peck
and the City. Mr. Peck is doing an excellent job at the City Park
Nine Golf Course."
Councilman Bowling made a motion, seconded by Councilwoman Gray
to approve the agreement with Thomas M. Peck and authorize the;
Mayor and City Clerk to sign the agreement on behalf of the City.
Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn
and Wilkinson. Nays: None.
Consider Various Deeds & Easements
Following is the City Manager's memorandum on this item
(1) Robert T. and Catherine S. Smith
Easement for the construction, maintenance, servicing and
operation of an underground Sewer Line South of Prospect East of
Taft Hill.
Consideration - $1.00
(2) Evelyn Minatta
Easement for the installation, re -installation, servicing
and maintenance of storm drainage facilities and lines over the
property in the area of West Elizabeth near Overland Trail.
Consideration - none
Councilwoman Reeves made a motion, seconded by Councilman Bloom
to accept the above deeds and easements. Yeas: Councilmembers
Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays:
0 None.
87
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Report from City Manager
(a) City Manager Brunton announced that the City has received
word that the Water Quality Control Commission has granted the
City a separate hearing on the stream classification.
(b) The administration will sign a contract with Jack Curfman
for work on the Fort Collins Museum. Mr. Curfman is a member
of the Cultural Resources Board. The amount of the contract
is $2,000 for the design of the display cabinets for the museum. i
(c) The traffic signals have been installed at City Park Avenue 1
and Elizabeth Street.
(d) The Pioneer Museum will be closed and will not be opened
until it is in its new facilities at the old library.
(e) The City will be displaying the first of the traveling
museum displays on December 8, 1976 at the Western Federal
Building on South College at 9:30 a.m. to exhibit antique toys
and dolls.
(f) The staff has worked with the school administration and
has established a uniform schedule on tennis court use and _
maintenance for the 37 courts throughout the City.
(g) The administration has received complaints regarding the
traffic situation on Prospect Street.
(h) Pat Polifka has been hired as the City's Coordinator for
Capital Programs.
(i) Governor Lamm is having a state-wide Energy Conservation
Plan hearing in Denver on Thursday, December 16 from 1:30 p.m. _
to 7:30 p.m.
(j) City Manager Brunton distributed copies of the tentative
schedule for the proposed 1978 Budget calendar.
(k) One hundred fifty three persons took the swine flu shots
offered to the City employees.
(1) The administration will institute a $5.00 service charge
on all returned checks.
(m) New officers in the Parks and Recreation Board are as
follows: President, Bob Hunt; Vice President, Bob .Crockett;
and Secretary, Donna Beard. „
i
(n) The Parks and Recreation Department will be closing the
Community Center and the Indoor Pool on Sunday evenings.
88
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(o) The administration has received a letter from Mr. Howard
Aldin on behalf of the Poudre Green Belt Association thanking
the Council for purchasing the Pine Ridge property.
(p) City Manager Brunton requested Council commence the Council
meeting of December 21, 1976 at 4:30 p.m. due to the lengthy
schedule.
(q) City Manager Brunton reminded Council of the joint meeting
with the Planning and Zoning Board to be held December 20,. 1976
at 7:00 p.m.
Report from Citv Council on Committees
(a) Councilman Bloom reported the CML Pension Review Committee
on Police and Fire pensions had met on December 2 and redrafted
the proposal and resubmitted it to the legal staff of the League
for rewrite. The rewrite will be completed this week and be
submitted next week to Policy Committee and the next day_ to the
Board of the League.
(b) Councilman Bowling announced the COG will meet on December.8
and reported on the proposed hearings to be held by the Water ."
Quality Control Commission which will be held in the near future.
(c) Councilwoman Gray reported the Labor Committee of the CML
will be meeting on Thursday.
(d) Councilwoman Reeves reported the Finance Committee of the
Council has met and had decided that reports from the Finance
Department would be made to the Council on a quarterly _ _
basis with the understanding that the staff would advise the
Council as to any drastic changes or trends occurring between
those quarterly periods.
(e) Councilman Russell reported on the meeting of the Platte
River Power Authority.
Mayor Wilkinson then announced a recess to 7:15 p.m.
Citizen Participation
(a) Ms. Patricia Peacock, Community School Coordinator at Laurel
and Riffenburg Schools spoke on behalf of the Community Education
Program, representing Juan Fullana, Laurel and Riffenburg Schools
and invited the Council to attend the first annual dedication of
Children's Tree on Saturday, December 11 at 4:30 p.m.
0 89
(b) Ms. Christine Case, Community School Coordinator at
Juan Fullana School expressed her thanks to all who attended
the Mexican Dance Program and reported further that the program
was a success.
(c) Ms. Val Ogden from Community Education reported that the
Information Referral Service now has a new name, called CAIR,
which stands for Coordinating Agencies Information Referral.
(d) Andy Anderson, 1421 Skyline Drive, inquired if the Council
would continue to fund Care -A -Van since he understood that they
were not properly licensed under the P.U.C. Mayor Wilkinson
stated that Council would continue funding.
(e) Stan Case, Director of Utilities, stated that earlier in
the fall a ground breaking ceremony had been held for the PRPA
and two shovels had been left over. The site development is
almost finished and therefore he wanted to present the two
remaining shovels to Mayor Wilkinson and Councilman Russell.
(f) Claude Franz, Executive Director of DT2,stated the organi-
zation had been working for the past six months to try and put
together a Town Hall meeting. This has been scheduled for -
January 29, 1977 at 9:00 a.m. to be held at Blevins Junior High
School.
(g) Mayor Wilkinson then introduced Fireman Steve Oliver and
read into the record an official citation. and commendation to
Fireman Oliver for saving a life. Mayor Wilkinson then read the
inscription on the plaque presented to Fireman Oliver as follows:
"Commendation to Firefighter Steve Oliver of the Fort Collins
Fire Department who on November 23, 1976 risked his life, above
and beyond the call of duty so that a young boy's life could be
saved."
Appeal from Excell-Art Advertising Corporation
of Decision of Zoning Board of Appeals Upheld
Following is the City Manager's memorandum on this item
"At its November 23, 1976, meeting the City Council established
a hearing on the appeal of the Excell-Art Advertising Corporation
for 5:30 p.m. on Tuesday, December 7, 1976. In"`the future, we
will publish the legal notice about the hearing and -place it on
the agenda without coming to the Council as an intermediate step.
At its November 9th, 1976, meeting the Zoning Board of:'Appeals
by a 2-3 vote denied approval of the variance requesting two
signs for Scavo Realty rather than the one allowed under the
90
ordinance and to allow internal illumination rather than indirect
illumination under the ordinance."
City Attorney March stated the minutes'of the Zoning Board of
Appeals regarding this item are in the agenda, the pertinent
part of the ordinance relates to signs in the R-H, M-L and
M-M districts; one provision of that is as follows: "One (1)
identification sign per principal use, other than a residential
use, provided such sign does not exceed sixty (60) square feet
in an area per face and has indirect illumination." It is this
"indirect illumination" that is the subject of the appeal.
Further, the City Attorney stated the appeal in question was a
request for a modification of the zoning ordinance to allow
internal illumination rather than indirect illumination required.
Mr. Fred Franz presented a series of three photographs of internally
lighted displays and three photographs of indirectly illuminated
displays. The applicants again requested internal illumination
for one sign, because they claim it would reduce the probability
of a traffic hazard.
City Attorney March stated that the presentation just made related
more to the wisdom of the ordinance as it is on the books, rather
than the hardship as required.
Zoning Board of Appeals member John Reid spoke to Board action
relating to this appeal. Mr. John Clarke also a member of the
Zoning Board of Appeals presented the minority position of the
Board.
Councilwoman Cray made a motion, seconded by Councilman Suinn
that the Council uphold the decision of the Zoning Board of Appeals
and deny the variance. Yeas: Councilmembers Bloom, Cray, Reeves
and Suinn. Nays: Councilmembers Bowling, Russell and Wilkinson.
City Manager Brunton stated the administration would have the
staff report on the indirect verses internal.lighting no later,...,_.._..
than January, 1977.
Report on Construction Manager For Citv Hall Facilities
Following is the City Manager's memorandum and recommendation
on this item:
91
0
�q
"On Friday, November 26, 1976, the City received proposals for
the construction manager position for the City Hall construction.
This work consisted of adding a new building and remodeling the
present City Hall facilities. The estimated construction costs
of the new construction is $1,200,000 with the estimated construc-
tion budget for the remodeling site development work and demolition
being $290,000. Bids were received from (1) Howard DeLozier
Construction Company, Inc., (2) Petry CM, and (3) G. E. Johnson
Construction Co., Inc. The bid notice was advertised once in
the Triangle Review. Also, many of the eligible contractors on
our bidding list were individually notified of the proposed project.
Unfortunately, due to an unintentional oversight the Reid Burton
Construction Company was never sent a copy of the bid notice.
I have been informed by our Purchasing Department that a copy
of the bid notice was sent to Livingston Construction Company,
but they unfortunately did not receive it.
The City is in an unfortunate position on this matter. We have
met the legal requirements for notification of a bid letting
although it is minimal. We normally have a dual system of
notification. Unfortunately, two of our local contractors
did not know about the bid proposal and the bid opening date.
Under normal circumstances, our next step would be to interview
the top bidders for this project. In this case it would be all _
three that submitted bids. Before proceeding to this step we
would like clarification from the City Council. If the City
Council feels that we should at least make the bidding opportunity
available to our local contractors, it would be a waste of the
present bidders' and staff's time to proceed with the interviewing.
There appears to be only two courses of action; namely, (1) to
proceed with the present bidding list and make a final selection,
and (2) to reject all bids and rebid the entire program. There
are pros and cons involved either way. If we proceed with the
present bid proposals, at least two local contractors will feel
thay they have not had a justified opportunity to submit a bid.
If we reject all bids and proceed withthe bidding again, the
three construction companies that did bid will feel unhappy and
possibly not even submit a proposal.
Recommendation: The Administration recommends that the City
Council discuss this matter and then give;the Administration
instructions on how they wish us to proceed
Mayor Wilkinson suggested that all bids be rejected and that
the entire project be rebid and advertised in the°trade publica-
tion specifically the Daily Journal.
Andy Anderson, 1421 Skyline Drive, spoke in opposition to rebidding.
Mr. Ken Livingston, President of Livingston Construction and
Mr. John Baskett of Reid Burton Company stated that they had not
92
had an.opportunity to bid and that the media for the construction
industry is the Daily Journal. Mr. Baskett stated the administra-
tion could put together different specifications by adding or
deleting to the responsibilities of construction manager.
City Attorney March stated this is possible.
Councilman Bowling made a motion, seconded by Councilman Bloom
to reject all bids and rebid the entire project. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson.
Nays: None.
Architect, Bill Robb, stated that in this bid the administration
is looking for selecting a general contractor to get in the
process early.
Pre -Application for Federal Assistance
at Fort Collins -Loveland Airport Approved
Following is a portion of the City_Manager's memorandum on this
item:
"Enclosed is a draft of the pre -application for certain improves-,
ments at the Fort Collins -Loveland Airport. These improvements,
include the following:
1. Construct aircraft parking apron.
2. Construct and light new parallel taxiway. '.
3. Place leveling course and skid resistant rubberized seal
on runway 15/33.
4. Place leveling course on existing connecting taxiway.
The estimated total cost of this work is 82,274,300, The local'`
share of the cost would be 10%, or $227,430. In all probability
this work will be done over the next three fiscal years at least.
We will be obtaining more information on this project prior to
our Council meeting."
City Manager Brunton stated the pre -application and all letters
have to be signed by the mayors of the two cities.
Councilman Bowling stated he wished it understood that in approving
the pre -application that Council is not making moral committment
to Kosta (Airport Manager) or the Airport Board or anyone to
"vote funds that have not been set in the priority program."
Councilwoman Gray made a motion, seconded by Councilman Wilkinson
to approve the submission of the pre -application and authorize
the Mayor to sign the application and various letters on behalf
of the City. Yeas: Councilmembers Bowling, Gray, Reeves and
Wilkinson. Nays: Councilman Suinn. (Councilmen Bloom and Russell
out of room.)
93
Adjournment
Mayor Wilkinson declared the meeting adjourned to 4:30 p.m.
on December 21, 1976.
ATTEST:
City Clerk
Mayor
94
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