HomeMy WebLinkAboutMINUTES-01/18/1977-RegularJanuary 18, 1977
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, January 18, 1977 at 5:30 P.M. in the Council
Chambers in the City of Fort Collins City Hall. Roll call was
answered by Councilmembers Bloom, Bowling, Gray, Russell and
Wilkinson. (Secretary's Note: Councilwoman Reeves arrived
later in the meeting.)
Absent: Councilman Suinn.
Staff Members Present: Brunton, DiTullio, Lansnerv, Bingman,
MCDill, Parsons, Kaplan, Deibel, Holmes
and Lewis.
Also: City Attorney Arthur March, Jr.
Minutes of the Adjourned Council Meeting of
December 21, 1976, the Regular Council Meeting
of December 21, 1976 and the Regular Council
Meeting of January 4, 1977 Approved as Published
Councilman Bloom made a motion, seconded by Councilman Russell _
to approve the minutes of the Adjourned and Regular Council Meetings
of December 21, 1976 and the Regular Council Meeting of January 4,
1977 as published: Yeas: Councilmembers Bloom, Bowling, Cray,
Russell and Wilkinson. Nays: None.
Ordinance Adopted on Second Reading, Rezoning
Foothills Anartments on Shields Street
Following is the City Manager's memorandum on this item
At the January 4, 1977, meeting the City Council adopted Ordinance
Mo. 99, 1976, on first reading. The Foothills Apartments -Shields
Street rezoning consists of 2.3 acres located on the west side of
South Shields Street between Stuart Street and Spring Creek. The
rezoning is from R-M, Medium Density Residential District, to B-P,
Planned Business District."
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Councilman Bowling made a motion, seconded by Councilman Bloom
to adopt Ordinance No. 99, 1976 on second reading. Yeas:
Councilmembers Bloom, Bowling, Russell and Wilkinson. Nays:
Councilwoman Gray.
ORDINANCE NO. 99 , 1976
BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF FORT COLLINS BY CHANGING THE TONING
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-M, Medium Density Residential
District to B-P, Planned Business District for the following
described property in the City, to -wit:
A tract of land situate in the Northeast 1/4 of Section,
22, Township 7 North, Range 69 West of the Sixth P.M.,
Fort Collins, Colorado, which considering the East line
of the said Northeast 1/4 as bearing S 00010'30" E, and
with all bearings contained herein, relative thereto,
is contained within the boundary lines which be-;ij.
the Northeast corner of the Southeast 1/4 of ties > +
Northeast 1/4 which bears S 00010'30" E 1323.35 feet
from the Northeast corner of said Section 22, and run
thence N 89036' W 256.00 feet along the centerline of
West Stuart Street; thence S 00010130" E 403.82 feet' -
thence S 89*44' E 255.99 feet to a point on the East
line of the said Northeast 1/4; thence N 00°10'30" W
403.22 feet to the point of beginning.
Introduced, considered favorably on first readin , and
ordered published this 4th day of January A.D. 19774, and
to be presented for, final passage on thel8th day of January,
A.D. 1977.
Mayor
ATTESS j
ty Clerk
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Passed and adopted on final reading this 18thday of
January, A.D. 1977.
ATTES
Mrl
ayo
City Clerk
First Reading: January 4, 1977 (Vote: Yeas: 4, Nays: 3)
Second Reading: January 18, 1977 (Voter Yeas: 41 Nays: 1)
Dates Published: January 9, 1977 and January 23, 1977
Attest:
City C erk
Ordinance Tabled on Second Reading
Zoning the Suitts First Annexation
' Following is the City Manager's memorandum and recommendation
on this item:
"Ordinance No. 1, 1977, was adopted on first reading at the
January 4, 1977, Council meeting. This ordinance provides for
the zoning of 68.3 acres of land located on the south side of
Poudre River between Highway 14 and Prospect Street to IP,
Planned Industrial District Zoning.
Mr. Suitts has agreed to dedicate the right of way along the
Poudre River for the Trails Program. The City is also negotiating
with Mr. Suitts to purchase a tract of land on this site for oven
space. However, the owner has not received his appraisal at the
present time. Until the appraisal is received, we cannot arrive
at a final purchase nrice. The City Council indicated that it
did not want this ordinance passed on second reading until the
right of way or dedication on the Poudre River for the Trails
Program and the acquisition of this additional property was
accomplished. It is highly unlikely that this will be comnleted.
before this meeting. The matter does, however, have to be
brought up and officially tabled.
Recommendation: The Administration recommends that if the final
plats of dedication and acquisition on the property are not
accomplished that Ordinance No. 1, 1977, be tabled until the
February 1, 1977, meeting."
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City Manager Brunton stated the final dedication is not complete
at this time, therefore, he recommended tabling to February 1,
1977. (Secretary's Note: Councilwoman Reeves arrived at the
meeting at this time.)
Councilwoman Gray made a motion, seconded by Councilwoman Reeves
to table the second reading of Ordinance No. 1, 1977 to February 1,
1977. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell
and Wilkinson. Nays: None.
Ordinance Adopted on Second Reading
Amending the Zoning Ordinance With Regard
to Requirements for'Dav Care Centers
Following is the City Manager's memorandum on this item:
"At its January 4, 1977, meeting, the City Council adopted
Ordinance No. 2, 1977, on first reading. This ordinance provides
for a required 1,500-foot separation by direct pedestrian access_
between day care centers in the R-M, Medium Density Residential
District Zone."
Councilwoman Gray made a motion, seconded by Councilman Bowling
to adopt Ordinance No. 2, 1977 on second reading. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson.
Nays: None. '
ORDINANCE NO. 2 , 1977
BEING AN ORDINANCE AMENDING SECTION 118-43
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO USES PERMITTED UNDER THE ZONING
ORDINANCE IN THE R-M, MEDIUM DENSITY
RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT �>
COLLINS:
That Section 118-43A(8) of the Code of; the City of Fort
Collins be, and the same hereby is, amended; -to read as
follows:
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"(8) Children's centers, provided that no children's
center shall be permitted to lie located in this zoning
district on property which is within one thousand five
hundred (1,500) feet from any any existing children's
center within the city. For the purpose of this pro-
vision, the distance between an existing children's
center and property on which a children's center is
proposed to be built shall be measured in a straight
line from the closest point on the boundary line of the
property on which the existing children's center is
located to the closest point on the boundary of the
property on which the proposed children's center is to
be located."
Introduced, considered favorably on first reading, and
ordered published this 4th day of January, A.D. 1977, and to
be presented for final passage on the 18th day of January,
A.D. 1977.
1 �r
ATTES � Mayor
City Clerk
' Passed and adopted on final reading this 18th day of
January, A.D. 1977.
ATTES Mayor
City Clerk
First Reading,: January 4, 1977 (Vote: Yeas: 7, Nays: 0)
Second Reading: January 18, 1977 (Vote: Yeas: 6, Nays: 0)
Dates Published: January 9, 1977 and January 23, 1977
Attest:
City Clerk
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Ordinance Adopted on Second Reading
Relating to the City Arborist
Following is the City Manager's memorandum on this item:
"At the January 4, 1977, meeting the City Council adopted
Ordinance No. 3, 1977, on first reading. At the present time
the City Arborist position is employed by the City Manager.
Under Ordinance No. 3, 1977, the City Arborist would be a
division head supervising the Forestry. Division in the Parks
and Recreation Department. The Forestry Division consists of
four other persons."
Councilwoman Gray made a motion, seconded.by. Councilwoman Peeves
to adopt Ordinance No. 3, 1977 on second reading. .Yeas: Council -
members Bloom, Bowling, Gray, Reeves and Wilkinson. Nays: Council-
man Russell.
ORDINANCE NO. 3 , 1977
BEING AN ORDINANCE AMENDING SECTIONS 109-1
AND 109-2 OF THE CODE OF THE CITY OF FORT
COLLINS RELATING TO THE CITY ARBORIST
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Section 109-1 of the Code of the City of
Fort Collins be, and the same 'hereby is, amended to read as
follows:
"§109-1. Creation of position of City Arborist.
"The City of Fort Collins shall employ or contract
for the services of a person to be known as the
City Arborist, whose powers and duties are here-
after specified.
Section 2. That Section 109-2 of the Code of the City of
Fort Collins be, and the same hereby is, amended to read as
follows:
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"§109-2. Powers and duties of City Arborist.
' The City Arborist shall be the supervisor of the
Forestry Division of the Parks and Recreation
Department. The City Arborist shall be responsible
to the Director of Parks and Recreation in carrying
out his duties. He shall have the power to promul-
gate and enforce'rules, regulations and specifica-
tions concerning the trimming, spraying, removal,
planting, pruning and protection of trees, shrubs,
vines, hedges and other plants upon the public
right -of. -way of any street, alley, sidewalk or
other public place in the city. Such rules,
regulations and specifications shall be in writing
and shall not be effective until approved by the
City Manager. Copies of such rules, regulations
and specifications shall be available to the public
through the office of the City Clerk."
Introduced, considered favorably on first reading, and
ordered published this .9th day of January, A.D. 1977, and to
be presented.for final passage on the.18th day of January, A.D.
1977.
ATTEST
' .. City Clerk
Passed and adopted on final reading this 18th day of
January, A.D. 1977.
ATTEST:
Clerk
First Reading: January 4, 1977
Second Reading: January 18, 1977
Dates Published: January 9, 1977
Attest: -
City Clerk 186
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(Vote: Yeas: 6, Nays: 1)
(Vote: Yeas: 5, nays: 1)
and January 23, 1977
Ordinance Adopted on First Reading Amending
the Traffic Code Relating to Traffic
and Parking Meter Rates
Following is the City Manager's memorandum on this item:
"At its January 11, 1977, work session the Fort Collins City
Council discussed the possible adoution of additional ordinances
in the City of Fort Collins. One of the proposals was for the
setting of the rates on parking meters. At the present time
the rate is only 5 cents an hour. The Traffic Committee feels
that this is a low sum for an hour's parking,.• They recommended
that the rates be increased to 10 cents an hour and 5 cents for
a half an hour.
The new ordinance if passed by the Council will not become
effective until April 1, 1977. This will give our traffic personnel
time to change the dials or to convert the existing narking meters."
Councilman Bowling made a motion, seconded by Councilman Russell
to adopt Ordinance No. 4, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson.
Nays: None.
Ordinance Adopted on First Reading Amending
the Uniform Plumbing Code Relating to the
Use of Plastic Drain Systems
Following is the City Manager's memorandum on this item:
"At its January 11, 1977, Council work session, the City Council
unofficially authorized the consideration of this ordinance on
first reading at the January 18, 1977, meeting. This amendment
has been recommended by the Plumbing Code Committee of the Building,
Board of Appeals. This amendment would allow the use of the ABS
and PVC plastic drainage systems on all residential construction
not more than two stories in height."
Councilwoman Reeves made a motion, seconded by Councilman Bloom
to adopt Ordinance No. 5, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson.
Nays:. None.
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Ordinance Adopted on First Reading Amending
the Traffic Code with Regard to Traffic
and Sneed Limits
Following is the City Manager's memorandum on this item:
"At its January 11, 1977, work session the Fort Collins City
Council discussed several DroDosed additional ordinances in the
City Code. One of the recommendations was to revise the speed
limits in certain residential areas of the City. The code
would be revised by substituting 25 miles Der hour for 30 miles
per hour speed limits for all streets in the•City except where
otherwise posted. Our arteiial and collector streets are posted.
It is our feeling that we should try to control the speed as much
as possible in the residential areas within the City limits.
We are also concerned however, about the speed limits on streets
where there are sneed limit postings."
City Attorney March and Director of Engineering Services Roy A.
Bingman stated the administration contemnlated Dosting the
speed limits on the City Limit signs.
Councilwoman Cray made a motion, seconded by Councilman Bowling
to adopt Ordinance No. 6, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Cray, Reeves and Wilkinson. Nays:
Councilman Russell.
Ordinance Adopted on First Reading Assessing
Cost of Improvements in Improvement District No. 70
Following is the memorandum from the City Manager on this item:
"The City Council Dreviously-received a report from the City
Engineer recommending that the improvements in District No. 70
(Swallow Drive from College Avenue west to the railroad tracks)
be accepted. Pursuant to this report the Council passed a
Resolution acceDting the improvements and scheduled a hearing
date on the DTODOsed assessing ordinance."
City Clerk Verna Lewis stated, for the record, that no Drotests
or objections had been received.
Councilman Russell made a motion, seconded by Councilwoman Reeves
to adopt Ordinance No. 7, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson.
Nays: None.
Ordinance Adopted on
Zoning Ordinance to
Additional New
First Reading Amending
Provide for an
Transition Zone
Following is the City Manager's memorandum on this item:
"At the January 4, 1977, meeting the City Council received _a
recommendation from the City Administration to consider a
proposed amendment to the zoning ordinance to provide for a
new T, Transition Zone. The purpose of this new zone is to
provide 'a type of interim zoning _prior to the time when
property is ready for development. Any property annexed to the
city must be zoned within ninety days. This requires that the
property owner request a designation before such owner is
prepared to begin development or before ultimate development
plans are known. It also requires that the City forecast the
Droner development to such area before they are ready for
development. At the time this matter was discussed with the ..
Council, several examples of problems that could be alleviated_
were presented. The Administration recommended that this
proposal be submitted to the Planning and Zoning Board for their
consideration.
At a special meeting on Thursday, January 13, 1977, the Planning
and Zoning Board reviewed the proposed new amendment to the
zoning ordinance. City Attorney Art March, Jr., explained in
detail the ramifications and objectives of this amendment.
After discussion, the Board recommended for approval of this
Ordinance."
Councilman Bowling made a motion, seconded by Councilwoman Gray
to adopt Ordinance No. 8, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson.
Nays: None,
Resolution Adopted Initiating Annexation
Proceedings for the Horsetooth-South Mesa
Annexation
Following is the City Manager's memorandum on this item:
"The.ordinance annexing -the area known asrthe Horsetooth-South
Mesa Annexation was scheduled for this meeting. However, there
was an error in the Resolution initiating annexation proceedings
for this annexation. Therefore, the Resolution.and notice has
been redone and is included in this agenda for adoption by the
Council. This will result in the hearing on the ordinance being
delayed until March 1, 1977."
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Councilwoman Gray made a motion, secdnded by Councilwoman Reeves
to adopt the resolution. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell and Wilkinson. Nays: None.
RESOLUTION 77-2
OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING
FORTH THE INTENT OF THE CITY COUNCIL TO ANNEX CERTAIN
AREA TO THE CITY
WHEREAS, the property hereinafter described has had for more than
three •(3) years prior to this date two-thirds (2/3) of its boundary con-
tiguous to the boundary of the city of Fort Collins; and
WHEREAS, the City Council of the City of Fort Collins desires to
annex said area to said city.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
1. That the City Council hereby sets forth its intent to annex the
following described property, situate in the County of Larimer, State of
Colorado, to -wit:
A tract of land situate in the S 1/2 of .Section 26, Township 7
North, Range 69 'Test of the 6th P.M., Larimer County, Colorado,
which considering the Scvth line of the ';E 1/4 of said'Section 26
as bearing N 89054' W and with a H bearings contained herein
rol-:tive thereto which bears N 89 54' W and with all hearings
con; ined herein relative thereto is contained within the
bounaaCll Lines which be, in at a point which bears N 89054' W
38.','0 feeu from the SE corner of said SE 1/4, thence N 890541 W
along said south line 604.82 feet, thence N 00005' W 230.00 feet,
thence N 119 54' W 76.13 Feet, thence N 00054' E 106.01 feet,
thence S 89055' W 120.00 feet, thence S 00054' W 335.66 feet,
thence N 89054' W 1,801.79 feet to the SW corner of the SE 164
of Section 26, thence N 39054'84" V 366.30 feet, thence N 00
06'55" E 660 feet, thence S 89 54134" E 366.30 feet, thence N
00006'56" E 917.48 feet, thence S 89049105" � 1,625.48 feet,
thence S O1012125" W 21.23 feet, thence N 88 33'38" E 987.72 feet,
thence N 88032'01" E 49.3 feet, thence S 02019' W 226.61 feet,
thence N 8954' W 456.09 feet, thence S 02 05' E 250.00 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, Ae long chord of which bears S 44059'30"
E 21.18 feet, thence N 89 54' W 74.95 feet, thence S 00°05' E
309.21 feet, thence S 88042' E 188.67 feet, thence N 8803g' E
41.02 feet, thence N 63 41'30" E 176.28 feet, thence N 48 25130"
E 157.56 feet, thence S 00 05' E 602.61 feet to the point of
beginning, containing 89.1517 acres, more or less.
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2. The City Council hereby adopts as a part of this resolution the
notice attached hereto and establishes as the date, time and place when it -
will hold a hearing to determine if the proposQd annexation complies with the
provisions of tl.e laws of the State of Colorado the date, time, and place set
forth in such notice and directs the City Clerk to publish a copy of this
resolution and said notice as provided in C.R.S., 1973, Section 31-8-108.
Passed and adopted at a regular meeting of the City Council held
this 18th day of January, A.D. 1977.
ATTEST:
City Clerk
- NOTICE -
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort Collins
has adopted a resolution of intent to annex certain real property more par-
ticularly described in said resolution, a copy of which precedes this notice. ---
THAT for more than three (3) years more than two-thirds (2/3) of the
boundary of said territory has been contiguous with the boundary of the City
of Fort Collins.
THAT on March 1, 1977, at the hour of 5:30 o'clock P.M., or as soon
thereafter as the matter may come on for hearing, before the City Council in.
the Council Chambers of the Citv Hall of the City of Fort Collins at 300 LaPorte
Avenue, Fort Collins, Colorado, the City Council will hold a hearing upon said
resolution for the purpose of determining and finding whether said territory
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projK:sed to be annexed meets the applicable re4uirements of Colorado law
and is eligible for annexation. At such hearing; any person living within
the area proposed to be annexed, and any landowner of lands therein, and any -
resident of the City of Fort Collins, and all other interested persons may appear
and present such evidence as they may desire.
City Clerk .
Secretary's Note: Additional discussion on this item was allowed
by the Mayor as follows:
Mr. Jerry Nix, 1705 Heatheridge Road, requested that the Council
zone the property upon the second reading of the annexation
ordinance to H-B Highway Business as not to do so would present
a hardship to the owner of the property.
City Attorney March suggested that Council could schedule the
hearing on the zoning on the College Avenue frontage at the time
of second reading of the annexation ordinance. The rest might
take a little longer. Council supported the recommendation.
Resolution Adopted Initiating Annexation
Proceedings for Brune Annexation
Following is the City Manager's memorandum on this item:
"The Brune Annexation consists of 14.45 acres located on the
north side of Horsetooth Road immediately east and contiguous
to the Strachan Fourth Annexation which was annexed to the City
on second reading at the January 4, 1977, Council meeting.
At the December 21, 1976, meeting, the Council adopted Ordinance
No. 101, 1976, on first reading, annexing the Strachan Fourth
Annexation. This was a 7.1 acre tract which was part of a larger
tract which was eligible for involuntary annexation. The Council
decided to accept the voluntary annexation by ordinance, but
further requested the Administration to take the necessary legal
steps to involuntarily annex to the City the remaining property.
ESYIA
s
Zoning of both of these pieces of property was discussed at
the January 10, 1977, Planning and Zoning, Board meeting. Zoning
recommendations will be submitted to the Council at the February 1,
1977 meetins*.
Involuntary annexation is consistent with the City's overall
annexation policv. Since this property is not completely
surrounded, we have to have an official public hearing prior
to passage of the annexation ordinance. The enclosed Resolution
establishes the public hearing at 5:30 p.m., Tuesday, March 1,
1977. We will provide the advertising and preparation of the
necessary zoning ordinance for the City Council after the
annexation matter is comnleted."
Councilwoman Cray made a motion, seconded by Councilman Bloom
to adopt the resolution. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell and Wilkinson. Nays: LIone.
RESOLUTION 77-3
OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING
FORTH THE INTENT OF THE CITY COUNCIL TO ANNEX CERTAIN
AREA TO THE CITY
WHEREAS, the propery hereinafter described has had for more than
three (3) years prior to this date two—thirds (2/3) of its boundary
contiguous to the boundary of the City of Fort Collins; and
WHEREAS, the City Council of the City of Fort Collins desires
to annex said area to said city.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
1. That the City Council hereby sets forth its intent to annex
the following described property, situate in the County of Larimer, State
of Colorado, to -wit:
A tract of land situate in the South 112 of Section 25,-
Township 7 North, Range 69 West of the Sixth P.M., Larimer
County, Colorado, which considering the South line of said
Section 25 as bearing N 89°45'30" E and".with all bearings
contained herein, relative thereto, is contained within the
boundary lines which Begin at a point on the said South
line which bears N 89 45130" E 980.00 feet fromAhe South-
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west corner of said Section 25, and run thence N 00"14'30"
W. 205.83 feet, thence along the arc of a 460.00 foot radius
curve to the left, a distance of 183.47 feet, the long
chor$ of which bears N 11 40'05" W 182.26 feet, thence
N 2.3 05'40" W 114.42 feet, thence along the arc of a 494.77
foot radius curve to the right a distance of 97.08 feet, the
long chord of which bears N 17028'25" W.,96.92 feet, thence
S 89002'00" E 77.02 feet, thence S 77054'30" E 78.95 feet
thence S 63017'00" E 196.06 feet, thence S 77005'30" E 168.21
feet, thence N 85026'00" E 58.98 feet, thence N 67037'30" E
143.55 feet, thence S 85014'00" E 87.48 feet, thence S 690
2410211 E 595.64 feet, thence S 62036'30" E 381.80 feet, thence
S 69 12'30" E 100.05 feet, thence S 750OW 3Q" E 241.23 feet,
thence S 89045'30" W 1883.55 feet to the point of beginning.
Containing 14.4555 acres, more or less.
2. The City Council hereby adopts as a part- of this resolution the
notice attached hereto and establishes as the date, time, and place whAn it -
will hold a hearing to determine if the proposed annexation complies with the
provisions of the laws of the State of Colorado the date, time, and place
set forth in such notice and directs the City Clerk to publish a copy of
this resolution and said notice as provided in C.R.S., 1973, Section 31-8-108.
Passed and adopted at a regular meeting of the City Council held =-
this 18th day of January, A.D. 1977.
ATTEST:
City Clerk
NOTICE _
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of City of Fort Collins
has adopted a resolution of intent to annex certain real property more
particularly described in said resolution, a copy of which precedes this
notice.
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THAT for more than three (3) years more than two-thirds (2/3) of
the boundary of said territory has been contiguous with the boundary of ..
the City of Fort Collins.
THAT on March 1, 1977, at the hour of 5:30 o'clock P.M., or as soon
thereafter as the matter may come on for hearing, before the City'Council in
the Council Chambers of the City Hall of the City of Fort Collins at 300
LaPorte Avenue, Fort Collins, Colorado, the City Council will hold a hearing
upon said resolution for the purpose of determining and finding whether said
territory proposed to be annexed meets the applicable requirements of Colorado
law and is eligible for annexation. At such hearing, any person living
within the area proposed to be annexed, and any landowner of lands therein,
and any resident of the City of Fort Collins, and all other interested persons
may appear and present such evidence as they may desire.
City Clerk
Resolution Adopted Approving Bylaws and
Rules of Procedure of the Planning and Zoning Board
Following is the portion of the City Manager's memorandum on
this item:
"New Bylaws have been prepared for the Planning and Zoning Board
and"apnroved by that Board. Before these,,`,can become effective,
Council approval is necessary."
Councilwoman Reeves expressed her desire that "terms of _
people chairing the committee should be limited" and .
is one of "the criteria in the Boards and CommissionsManual is
that new leadership should be constantly emerging within the Boards."
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Councilman Bloom made a motion, seconded by Councilman Bowling
to adopt the resolution. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell and Wilkinson. Nays: None.
RESOLUTION 77-4
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING BY-LAWS AND RULES OF PROCEDURE
FOR THE PLANNING AND ZONING BOARD
WHEREAS, the Planning and Zoning Board -has prepared and
approved revised by-laws and rules of procedure for said
Board; and
WHEREAS, the Planning and Zoning Board has submitted
the revised by-laws and rules of procedure to the City
Council for its zEpproval; and
WHEREAS, the City Council has received such by-laws�and
rules of procedure and desires to approve the same.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FO'_:T COLLINS that the by-laws and rules of procedure
for the Ci-y of Fort Collins Planning and Zoning Board
presented _o the City Council be, and the same hereby are,
accepted and approved.
Passed and adopted at a regular meeting of the City
Council held this 18th day of January, A.D. 1977.
ATTEST: Mayor
C'rty clerk:
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City Grants Management Procedure
Following is the City Manager's memorandum on this item:
"Attached for your information is an administrative grants
management procedure which has been developed with staff over
the past two months.
The purpose of this procedure was to formalize our grants
detection and administrative process to insure maximum grant
participation (when cost .justified) and to improve the admini-
stration of all grants the City is awarded.
No action is required by Council concerning this procedure, however,
improvement suggestions are certainly welcomed."
The procedure_ is_ inserted herewith and made.a_par_t_of_these_minute;:
GRANTS MANAGEMENT PROCEDURE
The following diagram represents the grants coordination procedure
and outlines responsibilities and participants. This procedure must be
followed when formulating grant applications as well as during the adminis-
tration of any ongoing grant program.
Activity Responsible Agency
Grant Detection,
Planning, Departnent
Draft Proposal of Budget R Research Division
Application
Financial Review
of Grant Proposal ) Fipance Department
Administrative
Approval � City Manager
(Council Approval-I.f.Necessary)
Transmittal of Grant i) Department
Proposal to Agency A-95 Review (If Necessary)
Approval of Grant
197
Contract Approved City Manager
Council (if necessary)
Distribution of Signed
Approved Grant to Department
& Research,
City Clerk, Finance
Administration of GrantDepartment--Budget & Research
1. Grant detection and initial draft requests are a combined effort
of the Department and the Budget and Research Division. If a department
wishes to prepare a grant application, this should be undertaken jointly
with the Budget and Research Division. As City revenue sources become more
stringent, it is essential that the City maximize its efforts in the area
of grants procurement:
2. Before a grant is sent to any agency or the City Manager, it
must be reviewed for fiscal consistency by the Finance Department.
3. Grant proposals may only he sent to grantee agencies after
review and approval by the City Manager.
4. It is the responsibility of the grantee department to forward
all necessary grant documents to an agency for consideration of ,., proposal. ,1
5. If .a grant is approved, steps 6 thru 8 must be followed.
6. The City Manager must execute the signed contract and may
request Council approval if necessary.
7. Copies of fully signed and approved grant contracts must be on
file with the City Clerk, Finance Department, and Budget and Research
Division. This is a departmental responsibility. No financial transactions
may take place -until, this procedure is completed.
8. Program administration of all grants is a responsibility of the'
department. However, no financial drawdown or request for funds may be
initiated without Finance Department approval. It will be the responsibility
of the Finance Department to report all revenue receipts to departments on
a timely basis. All grant closeouts should also be funneled through the _
Finance Department. Any major modifications in ongoing grant programs
should be brought to the attention of the Budget and Research Division.
* If a grant must be approved prior to its submission by City Council,
a minimum of one week is required for City Manager review.
198
Council took no action on this item 9'ince no action was required.
The Council requested that the administration apprise_the
Council of any grant annlication being., applied for.
Policy Statement - Role of Boards and Commissions
in Relationship to Budget and Financial Administration
Following is the City Manager's memorandum and recommendation:
"This memorandum is intended to clarify the role of City Boards
and Commissions in the area of budget and financial administration
.pursuant to Council's January 10, 1977, meeting with the Parks
and Recreation Board. We feel that this policy is applicable
to all our Boards and Commissions and should be forwarded to them
for their comment.
Under Section III-2b of the City Charter, the City Manager is
given the responsibility of preparing the "budget annually and
submitting it to the Council," and is "responsible for its
administration after adoption."
Boards and commissions are established by ordinance (or resolution)
as advisory to the City Council on various areas of City govern-
ment. The� are not, however, advisory to the City Administration,
although City staff serve as liaisons between the Council and
these advisory grouns.
Input of boards and commissions with regard to budgetary and
financial administration is thus limited by both Charter and
ordinance. Involvement of boards and commissions in the budgetary
process should occur at the request of the Council and comments
be reported to the City Council --not to the City Administration.
There are two times during the budget review nrocess where this
participation is appropriate:
1. During, nrebudget hearings with the City Council. (Scheduled
during June 1 through June 15, 1977)
2. During Council review sessions of the Manager's submitted
budget. (Scheduled for September 15 through November 30,
1977)
Because it is the Administration's responsibility to nrenare and
submit the initial budget to Council, it is inappropriate for
Counciladvisory bodies to attempt to imnact this original document.
A fter its submission to Council, however, innut'from those advisory
groups is welcomed. Final adoption of the budget, however, remains
a function of the City Council.
199
Similarly, with regard to setting rates for City services,.
boards' and commissions' comments should be submitted during
Council review of the Administration's proposals. Conies of the
proposals will be submitted to the appropriate boards and
commissions once they are received by Council. It is also
Council's policv that input from a Board and Commission on any
item is welcomed at any time during the year.
Recommendation: That Council request all our City Boards and
Commissions to review this policv and report back to Council
concerning its implementation."
No action was taken by the Council.
Cedarwood Subdivision, Sixth Filing:
Final Plat. Approved
Following is the City Manager's memorandum on this item:
"The Cedarwood Subdivision Sixth Filing is located on Deerfield
Drive north of ?lest Lake Street. The proposal is to have 27
single-family lots on a 6.5 acre tract zoned R-L, Low Density,
Residential District.
The Planning and Zoning, Board recommended unanimously for the
anproval of this -Subdivision subject to meeting certain conditions,
' all of which will be met."
Councilman Bowling made a motion, seconded by Councilman Bloom
to approve the Cedarwood Subdivision, Sixth Filing„ Final Plat.
Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and
Wilkinson. Nays: None.
lication Accepted for Pawnbroker's License
y Frank H. Bengford for 130 South Mason
Following is the City Manger's memorandum and recommendation on
this item:
"The City Ordinance (Sections 73-68 through 73-71) requires that
the Council approve the issuance of a Pawnbroker's License.
Encicsed is the annlication from Frank H. Bengford together with
other supporting documents and the report of the Police Department.
Recommendation: The Administration recommends that the City
Council approve the issuance of the license annlied for conditional
upon nothing derogatory apnearing when the CBI renort is received."
200
f:
Councilwoman Cray made a motion, seconded by Councilwoman Reeves
to approve the recommendation of the administration. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson.
Nays: None.
C & S Railroad.Lease for Storage Yard
at Car Barns ADbroved
Following is the City Manager's memorandum and recommendation on
this item:
"The City has for many years leased the area south of the car
barns on Howes Street from the C & S Railroad as a storage area.
Actually, there are different leases for different Dortions of the
area in question. One lease which originated in March of 1920 is
for the lot immediately adjoining the car barns on which a small
shed extension is located. This is a lot 180' x 50' or a total
of 9,000 square feet. The original lease in 1920 was for $66 per
year and has been raised Deriodically since that date. In 1974,
the rent for this lot was $165 per year and the railroad raised
the rent to $260, which translates to 2.89 cents Der square foot.
It is still a very desirable lease for the City. This revision
was overlooked and not presented to the Council for__approval in 1974.
Therefore, it is being presented at this time.
Recommendation: The Administration recommends that the rent increa
rider to the original lease increasing the rent to $260 Der year
be approved and its execution by the City Manager authorized."
Councilman Russell inquired if there was a Dossibility that the
City could purchase this property.' Other Councilmembers inquired
into the need to explore the needs of the City regarding Darking--
facilities on this site.
City Attorney March and City Manager Brunton stated they would
be meeting with the railroads and discuss this item with them.
Councilman Russell made a motion, seconded by Councilwoman Reeves
to approve the rent increase under the original lease with the
Colorado and Southern Railroad. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None.
201
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Change in Assistant City Manager Position
Following is the City Manager's memorandum on this item:
"Effective January 19, 1977, I am appointing Paul A. Lanspery
Budget and Research Director, as Assistant City Manager in
place of Michael DiTullio, General Administratrive Services
Director.
At the present time this position is not listed as a job classi-
fication in our Pay Plan. Since our last management study, the
position was a special appointment by the City Manager with
specific additional duties assigned to an existing department
head. We are recommending that this position be included as a
separate job classification. The reasons for this change are
twofold: 1) to strengthen the office of the City Manager with a
person without any line or operating responsibilities; and 2)
to release the General Administrative Services Director of
additional duties in an expanding department that requires more
and more time.
The annual budget and control of the budget are among the most
important of the City Manager's responsibilities. In 1976,
the position of the Budget Analyst and responsibility for the
budget expenditures were technically in the Finance Department.
However, these were moved to the City Manager's office unofficially
in June, 1976, and ' officially in 1977. Many medium-sized Colorado cities have a position of "Assistant City Manager -Budget and
Management Director." This individual works on the annual budget
and budget control throughout_ the year, requiring extensive work
with department heads on budget control and other related functions
The Assistant City Manager represents the City Manager and/or
the City on many occasions and is officially the Acting City
Manager when the City Manager is out of the city.
It should be clearly understood that, if the Council approves
this new job classification, it would not be a new, additional
position, but only a change in the title and duties of the Budget
and Research Director.` The only additional cost would be the
difference in uav ranges. At the present time the Budget and
Research Director is listed at Range 35, $1305-1747; Paul A.
Lanspery is presently at Sten F or $1747 Der month. For the
Assistant City Manager position, we propose Range 42, $1601-2143,
which presently includes the Finance and General Administrative
Services Director. If the change is made, Paul would go to Sten
of Range 42, or $1800 Der month for the remainder of 1977, an
additional expenditure (including fringe benefit costs) of $784
in the 1977 budget.
1 202
1'
The Department of General Administrative Services was created
in 1974. The primary purpose of this Department is to provide
those staff services that are common to most departments.
Recently, several functions including Management Information
Services and Personnel have required a significant amount of
the GAS Director's time and direct input. In addition, such
activities as the Equipment and Building Repair and Maintenance
operations have experiencedtremendous growth over the past two
vears, again requiring more and more direct supervision by the
Director. Mike DiTullio has administered a very difficult and
complex area while undertaking other Assistant City Manager
assigned responsibilities in a competent and capable manner.
Through this change in responsibilities, greater senior manage-
ment efforts will be channeled into those areas critical to
effective City administration."
Councilwoman Gray made a motion, seconded by Councilwoman Reeves
that Council approve the position of Assistant City Manager at
pay range 42. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves,
Russell and Wilkinson. Nays: None.
Request to State Highway Commission
Following, is the Citv Manager's memorandum and recommendation
on this item:
"The Colorado State Highway Commission will be meeting in Denver '
on January 28, 1977, to consider requests for projects for the
coming year. The presentations to the Highway Commission are
made by the various County officials. Release time is made for
other PeoDle including City officials to speak briefly on the
various topics. Larimer County has as its first priority the
continuation of the four-laning of Highway 287 between Loveland
and Fort Collins. Its second priority is to Proceed with the
preliminary engineering, and construction of the Central Fort
Collins Expressway. This is completely consistent with the
City's priority position. It is important that we continue to
support the continuation of the work on these and other projects.
If we and other cities want work done on our highway system, the
State is going to require additional funding. They have felt
for some time that there is a need for an increase in the State
gasoline tax to fund highway projects such asso:the Central Fort
Collins Expressway. Even if it is approved,' the Central Fort
Collins Expressway could take the next decade or longer to complete.
Therefore, there is need for additional funding. •TYe City Council
should consider either passing a resolution or endorsing a program
asking our representatives to provide for -additional gas tax
revenue for highway construction work.
203
Recommendation: The Administration recommends that the City
Council approve as priority items of the City of Fort Collins
the four-laning construction of 287 and the Central Fort Collins
Expressway. It is further urged that the Mayor and City Admini-
stration attend this meeting on behalf of the City. Other
Councilmembers might want to be at this meeting. We are only
officially before the group for approximately less than ten
minutes with the City's time being a minute or two."
Councilmembers expressed their desires for City/County cooperation
as they make presentations to the Colorado State Highway Commission.
Councilman Bowling made a motion, seconded by Councilman Russell
to adopt the recommendation of the administration. "Yeas: Council -
members Bloom, Bowling, Gray and Wilkinson. Nays: None.
(Councilman Russell out of room.)
Acceptance of Annual Report from the
Liquor Licensing Authority
Following is the Code section pertaining to this report:
"§33-2. (E). The Liquor Licensing Authority shall make
a report to the City Council at least annually setting
forth the number of applications for licenses acted upon,
the number of licenses granted and number denied, and any
other actions taken by the Authority during the past year."
Following is the Summary Report for 1976:
LIQUOR LICENSING AUTHORITY
SUMMARY REPORT - 1976
ACTION
1974
1975
1976
Regular Meetings
12
13
13
Special Meetings
0
3
3
3.2% Fermented Malt Beverage
License Renewals
31
29
38
Liquor License Renewals
20
19
24
1
204
New 3.2% Fermented Malt Beverage
License Applications
11
16
7
New Liquor Licenses
8
14
9
Special Events Permits
4
5
1
Transfers of Ownership
11
10
19
Expansions or Modifications of
Premises
5
6
4
Registration of Manager
0
0
1
Violations Processed
4
13
33
Licenses Denied
2
0
1
Show/Cause Hearings
0
1
9
Suspensions or Suspended
Suspensions
0
0
•5
Councilman Bloom made a motion, seconded by Councilman Bowling
to accept the Annual Report of the Liquor Licensing Authoritv
with appreciation. Yeas: Councilmembers Bloom, Bowling, Gray,
Reeves and Wilkinson. Nays: None. (Councilman Russell out of
room.)
Approval of Agreement to Purchase
Property at 307 Mathews
Following is the City Manager's memorandum on this item
"At its December 21, 1976, meeting the City Council approved a
lease agreement with DMA Plaza, Inc., for DroDerty located
directly east of the existing DMA Plaza Apartments between the
alley and Mathews Street. The land would be developed to provide
for partial fulfillment of the parking requirements in connection
with the new Library structure.
At the same time the City Council authorized the Administration
to proceed with the acculsition of the two pieces of private
property on the southwest corner of Mathews and Olive. Before
proceeding, however, the agreement required that "the validity
of this lease agreement is expressly conditioned upon DMA Plaza,
Inc., obtaining a variance from the Zoning Board of Appeals
with regard to anv decrease in -the parking lot space." A high-
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rise apartment for the elderly does riot require as many narking
spaces as the normal multi -purpose residential project.
Previously DMA Plaza, Inc., received a reduction in the overall
parking requirements from 151 to 77 narking snaces. At its
January 13, 1977, meeting the Fort Collins Zoning Board of
Appeals approved a variance to DMA Plaza, Inc., requiring only
38 Darking spaces. This releases the 39 snaces east of the alley
to provide for the combined parking lot.
We have been negotiating for some time with Mike Donaldson to
acquire his Droperty at 307 Mathews. The agreed upon Drice is
$24,500 which is our appraised price."
Councilwoman Gray made a motion, seconded by Councilman Bloom
to approve the agreement for the purchase of the Droperty at
307 Mathews for 524,500. Yeas: Councilmembers Bloom, Bowling,
Grav, Reeves and Wilkinson. Nays: None. (Councilman Russell
out of room.)
Various Easements and Deeds Accepted
Following is the City Manager's memorandum on this item
"(1)-"Easement for construction and maintenance of a power line
from DMR Investments, on K-Mart property just off Drake
Road to the west of service station property, for the
purpose of setting, a vault and Droviding service to a
proposed building near the service station at the corner
of Drake Road and South College Avenue.
Consideration: $1.00
(2) Street Dedication from Peoples Church of Fort Collins for
the right-of-way radius at the northeast corner of Drake
Road and Taft Hill Road, which was submitted by the Church
in order to obtain a building permit.
Consideration: None."
Councilwoman Grav made a motion, seconded by Councilman Bowling
to accept the above easement and dedication deed. Yeas: Council -
members Bloom, Bowling, Gray, Reeves and Wilkinson. Nays: None.
(Councilman Russell out of room.)
Report from City Manager
(a) City Manager Brunton reported that February 23, 1977 has
been tentatively scheduled for the Boards and Commissions
' Appreciation Banouet at the Holiday Inn.
2Q6
(b) The Manager reminded the Council'of the DT2 Town "Ieetiny
on January 29, 1977 at Blevins Jr. High School.
(c) Public hearingson the City's Community Development money
have been scheduled for the February 8, 1977 work session
(d) The following meetings will be held and dates are to be
established:
1.
Meeting
with
the
County Commissioners.
2.
Meeting
with
the
Housing Authority.
3.
Meeting
with
the
Municipal Judge.
4.
Meeting
with
the
City of Loveland to meet with the
Airport
Board.
Report from City Council on Committees
(a) Councilman Bloom reported on the CML Study Committee on
Police and Fire pensions. -
(b) Councilman Bowling announced that the Executive Board of the
COG has established a permanent meeting time on the third
Tuesdav of each month at the Coach House Inn at Greeley.
Also, the Regional Meeting of Transport Policy Committee on
Land Use will meet on Wednesday, January 19, 1977 at 7:30 p.m
in Loveland at the offices of the *TCT;?CD.,
Councilman Bowling announced that the League of Women Voters
will be conducting a public hearing on January 26 in
Loveland at the First National Bank on their study group of
the COG.
(c) Councilwoman Gray reported the Fort Collins Public Foundation
Executive Board had met to accept the deed from Flatiron
Company.
(d) Councilman Russell announced the PRPA will meet on January 20,
1977.
Mayor Wilkinson declared the meeting adjourned until 7:15 p.m.
• Citizen Participation
(a) Andy Anderson, 1421 Skyline Drive, inquired.'into the referred
Charter Amendments the Council would be submitting for the
April, 1977 election. i:,
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Mayor Wilkinson stated this item -.:will be on the February 1,
1977 agenda.
(b) Karl Carson and Charles Hagemeister of the Fort Collins
Centennial/Bicentennial Cotmnittee presented two official
Colorado Centennial/Bicentennial Outdoor Plagues to the
City; one is in recognition of_the Arboretum -Project and one is
for the Lee Martinez Park Project.
Resolution Adopted Accepting Improvements in
Street Improvement District No. 69
Director of Engineering Services Rov A. Bingman spoke to the
report of the City Engineer recommending that Council accept
the improvements and initiate the procedures to assess the
cost of the improvements.
Councilwoman Gray made a motion, seconded by Councilman Bowling
to adopt the resolution. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell and Wilkinson. Nays: None.
RESOLUTION 77-5
OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPT-
ING THE IMPROVEMENTS IN STREET IMPROVEMENT DISTRICT
' NO. 69 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 Street Improvement District
No. 69 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.
1 208
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 Street
Improvement District No. 69, 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 18th day of January, A.D. 1977.
Mayor
ATTEST:
City Clerk
NOTICE
TO: THE PROPERTY OWNERS IN STREET IMPROVEMENT DISTRICT
NO. 69, AND TO ALL PERSONS INTERESTED GENERALLY,
OF THE COMPLETION AND ACCEPTANCE OF THE IMPROVEMENTS
IN SAID DISTRICT, THE TOTAL COST THEREOF, THE
ASSESSMENTS TO BE MADE ON PROPERTY WITHIN SAID
DISTRICT TO PAY THE COST OF SAID IMPROVEMENTS, AND
THE DATE OF HEARING ON ANY OBJECTIONS THAT MAY BE
MADE IN WRITING BY OWNERS OF SUCH PROPERTY.
Notice is hereby given to the owners of .property to -be
assessed within the limits of Street Improvement District
No. 69, and to all persons interested generally, that the
improvements in said district have been completed and accepted.
'l 0 9
1
Notice is -fur ther gi_v_en—that_the whole_cost_of_said—
improvements, including the cost of collection, legal,
advertising, engineering, financing and other incidentals is
$894,522.78;;that the portion of said cost to be paid by. the
City is $494,134.64, of which amount.$54,634.36 represents
cost which would be assessed against the property except
that the assessed valuation of some of the property does.not.
allow this amount to be assessed; that the assessment roil
showing the share apportioned to each lot or tract of land
in the District is on file in the City Clerk's office and
can be seen and examined at any time during normal business
hours; and that any complaints or objections which may be
made in writing by the owner or owners of property in the
District and filed in the office of the City Clerk within 30
days from the publication of this.not ice will be heard and
determined by the Council before the passage of any ordinance
' assessing the cost of such improvements; and that on Tuesday,
1
March 1, 1977, at the hour of 5:30 o'clock P.M. or as soon ,
thereafter as the matter may come on for hearing in the
Council chambers of the City Hall, City of Fort Collins,
Colorado, the City Council will hear such complaints and
objections and determine the same and act upon an ordinance
assessing the cost of such improvments.
Dated at Fort Collins, Colorado this 18th day of January,
A.D. 1977.
. Ez L 0,1_1
City Clerk
210
Statement of Usage for Avery House
Following is the memorandum of the Cultural Resources Director
on this item:
"It is the proposal of the Avery House Planning Committee that
the following uses be allowed for Avery House:
1. Request a restoration permit and proceed with the
interior restoration as monies permit.
2. The ground floor will be a living Museum furnished by
the Poudre Landmarks Foundation with additional exhibits
revolving from the Fort Collins Museum.
Z
A. Living room, dining room, study and music rooms
to remain as is.
B. Eliminate the present kitchen, leaving water and
electricity stubbed in; this area then becomes a
bedroom exhibit.
3. Second floor to be rented as office space; income from
rentals to operate and maintain the building.
Recommendation: At the January 18, 1977 meeting the Administration
will make the recommendation:
Avery house usage be approved as stated above."
Councilmembers expressed the need to be selective in the rental
of office space on the second floor.
Councilman Bowling made a motion, seconded by Councilwoman Cray
to adopt the statement of usage for the Avery House. Yeas:
Councilmembers Bloom, Bowling, Cray, Reeves, Russell and Wilkinson.
Nays: None.
Additional Action on Lincoln Community
Center Project Approved
Following is the City Manager's memorandum and. recommendation
of January 18, 1977 and the Progress Reporti and recommendation
of January 10, 1977:
"On January 10, 1977, the City Council received a report on the
Lincoln Community Center. Another copy of this report with a
few minor revisions is enclosed. Stearns=R'oper,, the architect,
is preparing the working drawings at this time.' The present
211
1
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project time schedule calls for
documents by April 1, 1977. We
these documents done by March 1
after. It is important that we
and not getting in the base bid.
general way to list these items.
the completion of the contract
have asked them to try to get
or as soon as possible there -
understand what we are getting
The enclosed memo tries in a
It is necessary at this time to approve the Second Amendment to
the Architectural Service Agreement. The Second Amendment
includes various exhibits including the cost estimate, project
time schedule, and detailed list of materials and methods used
in construction. No bidding contingency is included. The only
contingency at the present time is one for construction change
orders. The architects feel we should have some leewav and
surplus in the base bid. The additive alternates could be
added if the bids could come in under estimate.
As the report indicates, we anticipate receiving the Ludlow trust
funds for a women's club room or rooms. It is understood that
the DAR. and other women's clubs will have priority for use —of
the room, but in all other cases it will be first -come, first -
served, based on the policv and regulations established by the
City. In any case, it is imperative that we start to work on
the Ludlow meeting room in the old library portion as soon as
possible. Even with the extension of our gas allocation, we
would need to be using some gas prior to the time that the
major construction was finished. The previously submitted
memo and attachments- explain this matter in more detail.
Recommendation: The Administration recommends that the City
Council approve the Second Amendment.tothe-Architectural Services
Agreement. The Administration further recommends that the Council
authorize the Administration to proceed with the remodeling_ of
the present library."
Following is the City .Manager's memorandum of the Progress
Report on the Lincoln Community Center:
"At its September 7, 1976, meeting the City Council voted to
"start construction of an auditorium -art complex at a cost not
to exceed S2.2-million." It was understood that the $2.2-
million was not adequate to complete the project. Anv_ additional
expenditures required would have to come from private or other
sources. It was also understood that the total project would
have to be a "viable project" at the time of completion and not
reouire additional capital expenditures from public sources
for an indefinite period.
212
A
On September 21, 1976, a letter was Sent'to Dr. Karl Carson
asking if his group could obtain $225,000 of private financing.
On October 15, 1976, Karl E. Carson and Maurice 0. Nelson wrote
a letter saving in part, "Our group is willing to commit itself
to a goal of $200,000 from citizen sources." It is our under-
standing that the citizen group has already raised approximately
$70,000 to $80,000 and feel confident that the remainder can be
raised when thev are assured the project is a reality. One
minor problem is that the commitments are for a 3-year period.
Besides the possibility -of shrinkage problems, the last payment
of one -quarter of the total project commitments are not due
until at least a vear after the final Davments are made to the
various contractors. We feel we have adequate funding to take
care of the interest charges. We have also applied for a
$400,000 grant from the National Fndowment for the Arts. We
have no assurance that this grant will be received. However,
there seems to be a strong possibility that we will recieve
some money from this source.
It has been clearly understood for some time that the $2.2
million, or even $2.4 million, would not pay for the complete
project as planned. The Reid Burton report of July, 1976,
indicated that the total estimated cost of the project, including"
new construction additives and remodeling„ would be approximately
$2,530,395. In April, 1976, the Administration had estimated
that the total project would cost $2,787',000. Since the
September authorization to proceed, the architects and the
Administration have been working on the preliminary drawings
and on the complete design and development stage. For all
intentional purposes, the design -development stage was completed
by about the first of December, 1976. Since that time the
architects have been working on the working drawings.
At this stage it is necessary to approve the second amendment
to the architect's service agreement. This second amendment
revises the fixed limit of construction cost for the project
and eliminates the bidding contingency. It is important that
everyone understands what we are and are not getting in the
fixed limit of construction cost budget. There is still the
construction contingency in the budget for change -orders.
However, because we are so close to the starting construction
date, the bidding contingency and the inflation contingency
have been placed in the base bids for the new construction and
remodeling. The architects want it clearly understood that they
still have an unofficial contingency or 'leeway in the base bid
budget. However, in order to proceed with the design on a
realistic basis, it is better to keep these things in the base
bid. This leeway is needed for at least two reasons: 1) there
is no assurance of how the bidding_ market will_'be at the time
the bids are open; and 2) possibly more important, it is
critical that we attempt to Drovide`"construction;items in the
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budget that will have a relatively low operating and maintenance
expense. The second amendment should be anproved by the City
Council. This.includes three attachments --the cost estimate,
the project time schedule, and the outline specifications. It
also includes reference to the six drawings that define the
design and development stage program.
Listed below are the items that we will or will not be receiving
in the fixed limit construction cost budget:
1. Auditorium - This will be an approximately 1,200-seat
auditorium. There will also be a basement under the stage
for storage and a rehearsal hall. However, this area gill
have no plumbing, and just adequate stage equipment and
lighting will be included.
2. Art alley (present auditorium)* - The present auditorium
wi ayeralevei concrete oor. The doorways will be
remodeled to accommodate this change in grade. However,
none of the other items such as the heating, ventilation;.
and air conditioning, will be included in the base bid. Also,
the additional lighting, the decorating, and the equipment
will not be included.
3. Multi -purpose room (presentgymnasium) - The multi -purpose
room willhave eating, vent ation, and air conditioning.
The base bid includes roof repair and painting. However,
no painting or work under the bleachers is included in the
base bid.
4. Dressin room area (present office and locker room area to
to south o. the present auditorium)- This area wil receive,
a separate heating_, ventilation, and air conditioning system
and will be completed for use by the various conductors,
guest artists, and stage performers.
5. General meetin room ( resent library) - This room is not
inc u e in t e ase i t is contemplated that this room
will be remodeled with the Ludlow Estate money.
It is felt and hoped that the fixed limit of construction cost
bids will come in under estimate. Therefore, provisions are
made for alternates. Bids will be received on the following
additive alternates:
1. Items required to complete the library conversion to meeting
room use to the extent such items are not provided by the
Ludlow funds.
*The former Band Practice Room immediately east of the stage will
be used as the art gallery.
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2. Additional furnishings and theat;e equipment.
3. Hydraulic lift.
4. Completion of art exhibit area in the former existing
auditorium space.
5. .Catering kitchen.
We are also exploring the possibility, feasibility, and cost
of adding additional entrance ways between the planned multi-
use area and the art gallery area. This conceivably could be
included in the base bid or as an additive alternate.
There are several other problems in connection with this Droject.
These include the availability of gas and the possible use of
the Ludlow Estate money. At the present time we have a ga's-'
allocation for the Lincoln Community Center (former Lincoln
Junior High School) of 5,000 cfh. The former gas metering
service for this area was terminated on February 20, 1976.
It is required that the gas allocation be reutilized within -
one year. We have been told that we can in all probability
receive an extension. There is a request for a year's extension
from February 20, 1976, to February 20, 1977. However, the Public
Service Company does not like to give extensions of more than
six months. It is not required that we utilize our entire gas
allocation by that time, but only that we have at least one
appliance connected to the metered gas. Therefore, it is
critical that we expedite work on the remodeling of the general
meeting room (former library) as soon as possible.
We have been negotiating for some time with Mr. Leonard F. Banowetz,
who is Vice President of the First National Bank and Trust
Officer for the Ludlow Estate. In a letter dated December 17,
1976, Mr. Banowetz stated, "The Advisory Committee and the
trustees are in agreement that, subject to court approval, we
will provide the $75,000 together with their earnings to complete
this facility as a meeting place for women. Although this area
would be primarily known as a meeting. room for women, it will be
open to all groups. However, the DAR will have first priority
and will be allocated the room for the second Friday of each
month from October through May. Other women's groups will have
second priority for use of the room subject to, the City's reser-
vation policy. Other groups including mixed'.and men's groups
would -also be using this room. It is contemplated, that there
will be a $10,000 trust fund from the Ludlow Estatel,.,the interest
from which will assure the City of.revenue to eive 'the DAR free
use of the facilities. All other groups would pay the_regular_
nominal feo tto Inver op_eratin_
pcosts. It is our understanding
that -Mr. William Allen_ is petting a court annroval.o.f_ this trust
account allocation to the City.
215
However, we feel it is imperative that we proceed on this
project prior to final approval so that.we do not jeopardize
our gas allocation. To do this we would initially have to
use part of the Seven year Capital funds for this project.
If, under the worst of conditions, Ludlow funds did not become
a reality, we would have to come up with an alternate source
of financing this area. This, however, appears to be a remote
possibility.
Enclosed is a memorandum listing the following three exhibits:
Exhibit A is the proposed project time schedule; Exhibit B is the
library area remodeling and specifications; aid Exhibit C is the
proposed lbudget. The proposed budget includes some items that
should be allocated to the major project. However, this work
should be accomplished to utilize the library or meeting room
Space. At the present time we are taking bids for a construction
manager to complete the remodeling of the library area.
Recommendation: At the January 18, 1977, meeting the Administra-
tion will make the following recommendations:
1. That the Council approve the second amendment to the
architectural services agreement.
2. That the Council authorize the Administration to proceed with
the remodeling of the present library into the Ludlow .Memorial
Room."
Councilwoman Reeves inquired if the City Attorney was satisfied
with the contract. City Attorney March stated he had no problem
from a legal standpoint.
Mavor Wilkinson stated he felt the cost was extremely high for
painting, the precast wall panels and a maintenance problem. He
also voiced opposition to providing electric wall heaters in each
toilet and a unit heater in the corridor in the existing building.
Councilman Bloom stated he did not feel he could "support the
architectural service agreement for three major reasons: first
of all, I am unsatisfied with the performance of the architects
to date; I am also concerned with our ability to have a viable
facility regardless of whether it is 2.2 or 2.4 million dollars,
plus I think there is unanswered questions about parking and
operating and maintenance costs. Also, permitting the architects
to design a 2.4 million dollar facility when we've only 2.2 million
dollars committed comes close, in my opinion, to irresponsibility."
Councilman Bowling made a motion, seconded by Councilwoman Cray
to approve the second amendment to the architectural services
agreement with the changes as noted, (no painted sections, and
the duct work being brought out into the lobby area, eliminating
the electric heat). yeas: Councilmembers Bowling, Cray, Reeves,
Russell and Wilkinson. Nays: Councilman Bloom.
216
a
Councilwoman Reeves made a motion, seconded by Councilman Bowling
that Council authorize the administration to proceed with the
remodeling of the present library into the Ludlow Memorial Room.
Yeas: Councilmembers Bloom, Bowling, Cray, Reeves, Russell and
Wilkinson. Nays: None.
Additional Action on City Hall Addition
Following is the City Manager's memorandum and recommendation
on this item:
"At the January 11, 1977, work session, the City Council received
a progress report on the City Hall addition. At the same time,
Bill Robb, of Robb and Brenner, our architects, gave an extensive
report on the schematical layouts of the project. Extensive
architectural and staff time went into reviewing alternate plans .
and layouts for this project.
We have interviewed five firms to act as construction manager
for this project. Because of many variables in the bids, we are =
still working on the analysis and evaluating, the firms and checking
references. We may have a recommendation at Tuesday's meeting. .
If not, we would like to use a few minutes at the official meeting
or special or adjourned meeting on Tuesday, January 25, to consider
the approval of a construction manager.
Recommendation: The Administration recommends that the City
Council approve the general concept and plan as submitted to them
on January 11 and authorize the architect to proceed further with
the final design and concepts and working drawings."
Councilwoman Cray made a motion,•seconded by Councilman Bloom
to adopt the recommendation of the administration. Yeas: Council -
members Bloom, Bowling, fray, Reeves, Russell and Wilkinson.
Nays: None.
Consider the Creation of a Special
Citizens Tax Committee
Following is the City Manager's memorandum,and recommendation
on this item:
"At the January 11, 1977, work session of the City Council,
Mayor Wilkinson gave the Council a draft of an outline of a
proposal for a Citizens Tax Committee. At the present time the
City is considering a substantial increase in its electrical
rates. This will also be followed by a recommendation for
217
increases in the water utility. Last year most of our fees
and charges had to be revised\by necessity. Early in 1973,
theCity Council adopted Ordinance No. 97, 1972, establishing
a tax refund program for low-income elderly residents in
connection with the City's portion of the property tax assessed.
In 1975, Ordinance No. 15, was adopted establishing a program
of refunding to certain oualified residents of the City certain
amounts of their utility charges made by the City. In both
cases these three funds were only eligible to senior citizens.
The cost of this program has been funded through Revenue Sharing.
At this time there is a need to analyze our entire financial
structuring of the City. The purpose of thig special committee
would be to analyze the existing tax structure of the City in
order to achieve an equitv in balance in the current tax structure
and to look for potential revenue sources for the future. This
committee would also investigate the impacting, of the proposed
future utility rate increases on the community, specifically,
the low or fixed income people.
It was the Mavor's suggestion that this committee consist of
approximately seven people including one or two Council members.
The City Staff would serve as resource persons and secretary to
this group. Because of the extreme importance of a task of this
type, I would work on this project along with Paul LanSpery and
Ron Wood. This committee should report back to the Council prior
to or during prebudget public hearings (from June 1 through
June 15, 1977). After the report is completed the committee
should be abolished with thanks and appreciation.
Recommendation: The Administration feels that Mavor Wilkinson's
suggestion to establish a Special Citizens Tax Committee is
extremely important and recommends that the City Council consider
its adoption."
Mavor Wilkinson suggested a fist o£ proposed nersons to serve on;
this commitee i.e., one Councilmember, one senior citizen, etc.
Councilmembers stated they preferred to have broad base representa-
tion and their desire to use the same criteria for seeking
applicants as used for other Boards and Commissions. It was
determined that aonointments could be made at an adjourned Council
meeting, of February 8, 1977.
Councilman Bowling made a motion, seconded by Councilwoman Cray
that the Council solicit applications for this. committee with a
cut-off date of February 3, 1977. Yeas: Councilmembers Bloom,
Bowling, Cray, Reeves, Russell and Wilkinson. Nays: None.
218
S�?
Consideration of City Action on Proposed
Larimer County Policy Plan
Following is the City .Manager's memorandum and recommendation
on this item:
"Recently all Council members were provided with a copy of the
proposed Larimer County Policy Plan.
This Plan was reviewed by the Planning and Zoning Board at a
special work session, and they plan to send a letter to the
Larimer County Planning Commission in regard to their suggestions
on this proposed Plan. A meeting on this project will be held
on January 20, 1977; 7:30 p.m., at the Poudre R-1 Administration
Building_, Board Room.
At a sn_ecial meeting on Thursday, January 13, the Planning and
Zoning Board reviewed a proposed draft of a letter to .the Larimer
County Planning Commission. Many suggestions were made; one
concern was that we should face up to what type of county we
want. No clear picture exists indicating where the County is
headed. Also, guidelines for action should be strengthened.
Although the Board received many recommended changes, they feel _
the letter and position of the City of Fort Collins should be _
one of cooperation. We should basically have the same goals
and work together. Copies of the final letter that will be
submitted to the County will he provided to the Council as
soon as they are available. The Council may want to review
this statment and/or take official action _Prior to the January 20th
meeting.
This item is on the Council agenda for discussion and any possible
questions that may arise. Several members of the Planning and
Zoning Board will be available.
Recommendation: The Administration recommends that the Council -
review and cuss the proposed Larimer County Policy Plan.
The Council may want to refrain from taking, any official action
until a joint meeting can be arranged with the City Council and
Larimer County Commissioners. In any case, the Administration
requests direction on how the Council desires to proceed."
City Manager Brunton distributed a letter from the Planning and
Zoning Board to the Larimer County Planning Commission regarding
the plan.
219
1Y OF FORT CQLIiN$ P.O. Box 580 Fort Collins Colorado 80522 Telephone 303-484-42
NNING DEPARTMENT
18 January 1977
Larimer County Planning Commission
P. 0. Box 1458
Fort Collins, Colorado 80522
Dear Members:
The Planning and Zoning Board of the City of Fort Collins wishes to give its
support to the Larimer County Planning Commission's efforts at developing a
policies instrument for guiding growth in Larimer County. As the Planning
and Zoning Board of the largest city in the county and containing roughly half
the county's population, the Board members consider the development of a
County Policy Plan to be of vital importance to the Fort Collins community.
In the opinion of the Board, the development of the County Policy Plan
provides an excellent opportunity for each jurisdiction to consider its
long range goals relative to those of the other and then to cooperatively
lay the groundwork necessary for mutually -supportive legislative decisions.
1 The Board wishes to re -enforce the Planning Commission's efforts to develop
the County Policy Plan and intends its comments on the proposed January 7,
1977 draft of this document to perform a constructive service and to promote .
the adoption of a meaningful and effective policies instrument.
As you know, the Planning Board is completing the final stages of developing
a statement of long-range Goals and Objectives to be used as a basis for the
city's comprehensive plan. In that the planning programs of both the city
and county are each at the important foundational stages, we have an excellent
opportunity to coordinate our planning programs in order to strengthen our
respective planning efforts. The Board has carefully reviewed the proposed
Policy Plan and has met with County Planning Director Larry Timm who was helpful
in explaining the document's history and answering general questions. We asked
Mr. Timm to schedule the upcoming January 20 meeting between the Board and the
Planning Commission in order first, to discuss face-to-face with the Planning
Commission our specific concerns relative to the Policy Plan draft and, second,
to discuss any comments you might have on the draft of Goals and Objectives for
Fort Collins. In order to familiarize you prior to the meeting with the gist
of the Board's major concerns, we are listing these concerns as follows:
I. Taken as a whole the policy statements seem indefinite concerning the
central issue of what should be the definition of balanced growth in
..the county.
We believe that in order for the Policy Plan to accomplish its purposes
as a guiding statement on physical development in the county, considerably
more clarity is necessary concerning .the characteristics of the development
22Q
100% Recycled Bond
100% Recycled Bond
Page 2
17 January 1977
Larimer County Planning Commission
II
pattern which the county seeks to encourage. As you know,
considerable differences of opinion surround such questions as the
extent and character of development between Fort Collins and Loveland,
the use of agricultural lands for urban development, and the responsi-
bility of.the county to promote the financial security of the private
utility districts.
In our opinion, the proposed Policy Plan is vague on such key issues
and addresses them mainly through oblique statements on balancing
private property rights with the public interest. We believe that the
Policy Plan should certainly not be prescriptive, however, it also should
not be neutral or non -committal. Inasmuch as the policies originally
presented to the public did contain some specific measures and criteria,
the deleting of this material in the revised document seems to indicate a
lack of commitment to some of the original goals.
Additionally, the Board is concerned that wording the policies in general
terms could invite different interpretation from decision -makers, devel-
opers, administrators, and the general public. Decision -makers, then,
might use different criteria for evaluating different development pro-
posals. This lack of consistency could be unfair to the developer and,
the public. We do not believe this was intended and that more specific
policies will aid the public and the developer.
al the policy statement relegates the public interest to_
- of "nronerty riehts" and the Dromotion of private
investment."
In the opinion of the Board, this misplaced emphasis is perhaps the most
questionable aspect of the Policy Plan and could lead to a.challenge as
to whether or not the County may exercise its power in controlling land
use if the community welfare as a whole is not the paramount concern.
Although the Policy Plan is not a legal instrument, specific land use
regulations are based upon policy guidelines and can be formulated only
for the purpose of furthering the general welfare of the community.,
Although land owners and investors are members of the public, their
interests do not necessarily represent the interests of the community
as a whole.
The first policy listed in the policies statement exemplifies the
Board's concern:
"Land use decisions should preserve the rights of property
owners, while recognizing public responsibilities" (P.14).
We feel that it is the public interest which should require emphasis,
with other considerations having secondary importance.
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Page 3 .
17 January 1977
Larimer County Planning Commission
III. As a whole the policy statement seems to be an unclear guideline
for urban development in unincorporated areas of the county. Addi-
tionally, it appears to present an indefinite position on what is a
..rof orr.a ;nterntav hetween county and municipal Qrowth.
In the opinion of the Board, the relationship of existing municipalities
in the county to future development in unincorporated areas of the county
is major concern. It is difficult to determine after reading the
policies what is desired by the county. Is the city to furnish many
of the services required by new development or will the new developments
provide these services themselves, or will the county begin to enter the
business of providing urban services? Does the county desire to remain
predominantly agricultural or is it prepared to take on hundreds of
acres being developed for urban uses? Can new development occur in a
sprawling fashion throughout the county or must it be clustered? And
what types of development can be considered "cluster development?" The
plan mentions "urban service areas" around existing cities, but nothing
is mentioned about the pattern of development, development standards or.
the provision of utilities and other services. The plan indicates a
concern in .avoiding increased costs to the county created by new devel-
opment occuring in the county, but no mention is made of costs incurred
by the city to provide parks, roads, street lights, etc. to new devel-
opment occuring near but outside the city limits.
The Fort Collins Planning and Zoning Board does not have as extensive an
exposure to county problems and issues as does the County Planning Commission.
However, this works to the Board's advantage in being able to focus on those
particular aspects of the proposed Policy Plan which most directly affect the
Fort Collins community. The Board is not interested merely in directing
criticism, but rather in presenting its concerns and then in working with the
Planning Commission to develop a more meaningful and improved policy statement.
To a great extent, the future acceptance of planning as a method to better
integrate diverse desires and needs into the development pattern of Larimer
County depends on the acceptance and effectiveness of the County Policy Plan.
It is toward your efforts to develop a successful policies statement that
the Board offers its support.
Sinc rely
i'�'�-
Planning and Zoning Board
rBob Burnham, Chairman
222
i
Councilmembers expressed their individual concern regarding
the plan, the problems addressed in the letter from the
Planning and Zoning Board, and their desire to endorse the
letter requesting the County Commissioners to hear the concerns
of the City.
Councilman Bowling made a motion, seconded by Councilwoman Reeves
that Council accept the letter and authorize the Mayor to sign
on behalf of the Council. Yeas: Councilmembers Bloom, Bowling,
Grav, Reeves, Russell and Wilkinson. Nays: None.
This action was later clarified to mean that.the Mayor would
send a cover letter to accompany the letter of the Planning
and Zoning Board and endorsing it.
Other Business
1. Councilwoman Reeves announced that Langdon Norris of the
State Historic Preservation Commission will be in Fort Collins
on January 27, 1977 at 4:00 p.m. in the Community Building
on Mountain Avenue to give a presentation on restoration of
historic commercial buildings.
2. Councilman Bloom requested the City Clerk to remind the
City Manager that about mid October he had requested a
report on duplication of efforts on human rights with the
Greeley office opening for the state; this could be scheduled
for the February 8, 1977 work session.
Mayor Wilkinson also inquired into the procedures to follow
if one wishes to file a complaint relating to unfaii labor
practices,
Adjournment
Mayor Wilkinson declared the meeting adjourned.
Mayor
ATTEST:
City Jerk
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