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HomeMy WebLinkAboutMINUTES-07/05/1977-RegularJuly 5, 1977 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO ICouncil - 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, July 5, 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, St. Croix, Suinn and Wilkinson. Staff Members Present: Lanspery, Bingman, Krempel, Liley, Holmes, Kaplan, Case, Smith, Woods, McGraw and Lewis. Also: City Attorney Arthur March, Jr. Minutes of the Regular Meetings of June 7 and June 21, 1977 Approved Councilman Wilkinson made a motion, seconded by Councilman ' Russell to approve the minutes of the regular meetings of June 7 and June 21, 1977 as published: Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on Second Reading Relating to the Creation and Organization of Sanitary Sewer Improvement District No. 59 Following is the City Manager's memorandum on this item: "At its June 21., 1977, meeting the City Council adopted Ordinance No. 46, 1977, on first reading. Sanitary Sewer Improvement District No. 59 provides for the installation of sanitary sewer on the south side of West Mulberry from Crestmore west to Taft Hill Road. Initially there were At that time the Cit y reduction were: (1) the property at the southwest corner of Crestmore and Mulberry is already receiving sanitary sewer ' and therefore, not only is not a part of the District, but makes it more difficult for the sewer extension; and (2) the normally benefiting property owner on the north half of the Mulberry Street line is the City Park Nine Golf Course. At the June 21st meeting there were no objections to this District, and several people thanked the City for making a reasonable solution to the problem." Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 46, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED ORDINANCE NO. 46, 1977 BEING AN ORDINANCE RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER IMPROVEMENT DISTRICT NO. 59, AND PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN WHEREAS, heretofore the necessary proceedings were ' instituted to create a special improvement district for the purpose of installing the improvements described on Exhibit "A" attached hereto (hereinafter sometimes referred to as "the improvements") for the benefit of the property described on Exhibit "A"; and WHEREAS, the City Council received the necessary reports, gave the required notice and held a hearing on the creation of such district on May 3, 1977, and continued such hearing to this date; and WHEREAS, the City Engineer and Director of Engineering Services have recommended changes in the proposed district as the result of objections presented at the hearing, the recommended changes being to increase the City cost in recognition that a City golf course is located on the North side of Mulberry Street adjoining portions of the sewer line to be installed and to charge the City on the same basis as other adjoining landowners and also to charge as a City cost the share of a property at the corner of Crestmore Place and Mulberry Street which is not to be assessed because it is connected to a different sanitary sewer line; and 321 1 WHEREAS, the City Council is of the opinion that the recommendations of the City Engineer and Director of Engineering ' Services should be accepted and after the changes made to accomplish these recommendations, the City Council is of the opinion that it is in the best interests of the City of Fort Collins to form said special improvement district. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That there is hereby created and organized an improvement district under and by virtue of the provisions of Chapter 16 of the Code of the City of Fort Collins, to be known as Sanitary Sewer Improvement District No. 59 (herein- after sometimes referred to as "the district") comprised of the property described on Exhibit "A" -attached hereto. Section 2. That the improvements to be constructed shall consist of the improvements described on Exhibit"A" attached hereto, all as more fully set forth in the map, plans and specifications heretofore submitted by the City Engineer and accepted by the City Council by resolution. Section 3. That the total cost of such improvements shall not exceed by more than five per cent (58) the City Engineer's estimate heretofore accepted of $23,900.00, exclusive of the expense of collection, legal, advertising, engineering, financing, interest during construction and other incidentals. The City shall pay all of the cost of construction of said line except that one-half of the cost of construction of that portion of the line installed within the right of way of West Mulberry Street from its intersection with Taft Hill Road east to a point 867.81 feet east of the northwest corner of Section 15, Township 7 North, Range 69 West of the 6th P.M., together with such expense of collection, legal, advertising, engineering, financing, interest during construction and other incidentals (17% of such assessable costs) shall be assessed against the property in the district described on'Exhibit A, in the manner set forth on Exhibit A, in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins. Section 4. That the City Council has, pursuant to notice duly mailed and published, all as provided in Chapter 16 of the Code of the City of Fort Collins, considered all complaints and objections made and filed in writing by the owners of any real estate to be assessed or any persons interested; and the City Council further finds that all requirements of the ordinances of the City of Fort Collins respecting the organization of the district have been observed ' 322 and compiled with in all respects; and it is hereby ordered that the improvements in the district as provided for in the map, plans and specifications heretofore adopted by the City ' Council be and they hereby are ordered to be constructed. Section 5. Upon the taking effect of this ordinance, the Mayor is hereby authorized and empowered to advertise for bids for the construction of the improvements in accord- ance with the map, plans and specifications heretofore adopted, which advertisement shall be twice published in an official newspaper published in the City. Said publications are to be at least a week apart, and the date for opening of bids shall not be less than ten (10) days after first publica- tion, and bids received under said advertisement shall be submitted to the Council for approval'or rejection. Adver- tisements for bids shall comply with the requirements and be in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins. Section 6. When the improvements herein authorized have been completed and the same approved and acepted by the City. of Fort Collins, the costs as set forth above shall be assessed upon the real property in said improvement district, all as hereinbefore set forth. Section 7. This ordinance shall be irrepealable until the indebtedness herein provided for, whenever the same I shall be created, shall have been duly paid, satisfied and discharged as herein provided. Introduced, considered favorably on first reading, and ordered published this 21stday of June, 1977, and to be presented .for final passage on the 5th dam of July, 1977. ATTEST: C ty Clerk 323 1 Passed and adopted on final reading this 5th July, A.D. 1977. ATTEST: C ty clerk EXHIBIT A ORDINANCE NO. 46, 1977 SANITARY SEWER IMPROVEMENT DISTRICT NO. 59, day of A. Description of property specially benefited by the improvements to be installed in the district and to be assessed for a portion of the costs incurred in making said ' improvements as described and defined in Section 3 of the ordinance: Considering the North line of Section 15, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, as bearing due East and with all bearings contained herein, relative thereto, commencing at the NW corner of said Section 15, thence East 30 feet, thence South 30 feet to the true point of beginning, thence East 837.81 feet, thence South 190 feet, thence Wast 837.81 feet, thence South 190 feet, thence West 837.81 feet, thence North 190 feet to the point of beginning. B. Improvements to be installed in the district consist of: Installation of sanitary sewer main. C. The cost of making the improvements in the district shall be assessed against the assessable property in the district as follows: 1 324 The amount to be assessed as described and defined in Section 3 of the ordinance shall be assessed upon all of the real estate in the district, respectively, in ' proportion as the area of each piece of real estate in the district is to the area of all of the real estate in the district, exclusive of streets and alleys in the district. First Reading: June 21, 1977 (Vote: Yeas: 5, Nays: 0) Second Reading: July 5, 1977 (Vote: Yeas: 7, Nays: 0) Dates Published: June 26, 1977 and July 10, 1977 Attest: City C er Ordinance Adopted on Second Reading Requiring a Franchise to Maintain Electrical Facilities in the City Right of Following is the City Manager's memorandum on this item "At its June 21, 1977, meeting the City Council adopted Ordinance No. 57, 1977, on first reading. This Ordinance pertains to the installation and maintenance of utility lines ' in City rights of way by other utilities. Ordinance No. 57 will be of assistance to the City in relocating utilities that are in the way of the street and other improvements in public rights of way. Also, it will provide for some regu- lation and control over specific locations. Ordinance No. 57 will require a franchise to establish or maintain electric facilities within the public rights of way or other public areas. This franchise does not involve service within the city, but contemplates facilities running through the city to provide service to rural areas. Aside from the fact that the City Charter contemplates such a franchise requirement, the principle reasons for requiring this Ordinance are as follows: 1. The need to be able to regulate the type of facilities installed in the future within the public areas and the manner of construction of such facilities. 2. The need to be able to require relocation and reconstruc- tion of facilities within the public ways when such public ways are renovated to City standards. 3. The need to be able to control conflicts between the ' various utility lines which need to be placed in the public ways. 325 There have been several memos submitted to Council on this subject, and we have also had several public meetings to discuss the project." Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt Ordinance No. 57, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: Councilman Suinn. THE MOTION CARRIED ORDINANCE NO. 57 , 1977 BEING AN ORDINANCE RELATING TO THE MAINTENANCE AND INSTALLATION OF WIRES, CABLE OR OTHER EQUIPMENT FOR THE TRANSMISSION OF ELECTRIC CURRENT IMPULSES IN, ON OR OVER STREETS, ALLEYS, SIDEWALKS AND OTHER PUBLIC WAYS AND PLACES IN THE CITY AND REQUIRING A FRANCHISE FOR THE SAME BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: ' Section 1. General Provisions. It shall be unlawful to maintain or install any wires, cables or other equipment for the transmission of electric current impulses in, on, under or over any street, alley, sidewalk or other public place in the City; or to maintain or install any pole or mast to support or hold such wires or equipment in any such place without having fully complied with the provisions of this ordinance. Section 2. Franchise or Permit. After the effective date of this ordinance, no such wire, cable, pole or other equipment shall be installed or maintained over, on or under any such place unless pursuant to Article XIII of the Charter of the City of Fort Collins a franchise has -een granted for such installation or maintenance. In order to permit the necessary time to obtain a franchise pursuant to Article XIII of the City Charter, any facilities described in Section 1 which exist on the effective date of this ordinance may continue to be maintained for a period of one hundred eighty (180) days after the effective date of this ordinance without the requirement of a franchise. 326 Section 3. Any franchise granted pursuant to this ordinance shall comply with all requirements of Article XIII of the Charter of the City of Fort Collins and shall specify the fee to be paid for the franchise, the purpose of the t facilities to be maintained or constructed under the franchise, and the manner in which any such facilities shall be installed or maintained. The franchise shall also specify the location in which any facilities may be installed or maintained and may provide for areas annexed to the City after the date of the franchise. Section 4. Effect of Franchise. Any franchise granted under this ordinance shall only permit the installation and maintenance of lines and other facilities upon the -public ways designated in the franchise and such franchise shall not be construed to permit the furnishing of electric service to properties within the City, but the furnishing of any such service must be the subject of a separate franchise granted in accordance with the applicable ordinances and the Charter of the City of Fort Collins. Section 5. Supervision. It shall be the duty of the Director of Engineering Services or his designee to supervise all construction or installation work performed subject to any franchise granted under this ordinance and to make such inspections as may be necessary to insure compliance with the provisions of the franchise, this ordinance and other applicable ordinances of the City of Fort Collins. ' Section 6. City Electric Utility. The provisions of this ordinance shall not apply to the electrical utility of the City and that utility shall be authorized to install lines and facilities in accordance with the other applicable ordinances of the City of Fort Collins and the rules and regulations of the City electric utility. Section 7. Effective Date. This ordinance shall go into effect and be effective from and after the first day of August, 1977. Section 8. Penalty. Any violation of any provision of this ordinance shall be a violation of the ordinances of the City of Fort Collins, punishable as provided in Section 1-23 of the Code of the City of Fort Collins. Each day upon which any violation shall continue shall constitute a separate offense, punishable as such. 327 1 Section 9. Severability. If any section, subsection or provision of this ordinance or the application thereof to ' any person or circumstance is declared unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect the other sections, subsections, provisions or applications of this ordinance and the City Council hereby declares that it would have enacted each individual section, subsection, provision and application of this ordinance independently and without reference to the other provisions hereof. Introduced, considered favorably on first reading, and ordered published this .21st day of June , A.D.' 1977,, and to be presented for final passage on the 5th day of July , A.D. 1977.___._. July Passed and adopted on final reading this A.D. 1977. ATTES . CIty CletJc First Reading: Second Reading: Dates Published Attest: r ' ity C er June 21, 1977 July 5, 1977 June 26, 1977 5th day of (Vote: Yeas: 6, Nays: 0) (Vote: Yeas: 6, Nays: 1) and July 10, 1977 Ordinance Adopted on Second Reading Requiring a Franchise to Furnish Electrical Service Within the Citv Following is the City Manager's memorandum on this item: 1 328 "Ordinance No. 58, 1977, was adopted on first reading at the June 21, 1977, City Council meeting. This Ordinance requires the City to issue a franchise before ' any electric utility can provide service to customers within the city limits. Our City Attorney has indicated on several occasions that a franchise is required under our City Charter. The City of Fort Collins contemplates providing electric utility service to all customers within city boundaries except in a few rare cases. The two other electric utilities in the area -- namely, the Public Service Company of Colorado, and the Poudre Valley Rural Electric Association -- maintain that, as we annex land, we are moving into territory that has been certified to them by the Colorado Public Utility Commission. For many years the City has been discussing the issue of the take-over of the other companies' electrical customers at the time of annexation. These negotiations have always fallen short of any definitive solution because of the basic difference in the legal position of the City and the other electrical utilities. The City maintains it has a right to serve all electrical customers that are within city limits, especially 'if the other company has no franchise agreement to serve within the city. The two electric utilities maintain that we are moving into certificated areas and therefore, they .have rights. It is my personal feeling that, as we do take over customers, the other electrical companies should be ,reasonably compensated for this loss of customer load. ' The big issue was and still is to determine what is reasonable. It is hoped that negotiations will proceed on this matter at an accelerated pace with regard to arriving at final deter- mination. k The original Ordinance provided for a 90-day period within which to cease serving or obtain a franchise of all property within the city and upon annexation to the city. It did not appear that this time spent was realistic, and therefore, the Ordinance was amended to a 6-month period." Councilwoman Gray made a motion, seconded h.-y Councilman Russell to adopt Ordinance No. 58, 1977 on second reading,. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: Councilman Suinn. ,THE MOTION CARRIED 329 1 ORDINANCE NO. 58 , 1977 BEING AN ORDINANCE REQUIRING THE CONSENT BY ORDINANCE OF THE CITY OF FORT COLLINS FOR FURNISHING ELECTRICAL SERVICE TO ANY PROPERTY WITHIN THE CITY, PROHIBITING OBTAINING ELECTRICAL SERVICE FROM ANY PERSON OR OTHER ENTITY NOT HAVING SUCH FRANCHISE TO FURNISH ELECTRICAL SERVICE, AND ESTABLISHING PENALTIES FOR THE VIOLATION OF THE REQUIREMENTS OF THIS ORDINANCE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. Franchise Required. Except as otherwise provided herein, it shall be unlawful to furnish or offer to furnish to any property in the City any electrical service transmitted through wires installed or maintained in, on, under or over any street, alley, sidewalk, easement or other public place in the City unless the City Council has by. ordinance granted a franchise allowing such service. Any ' such franchise shall comply with all provisions of Article XIII of the Charter of the City of Fort Collins and shall specify the area of the City in which such service is permitted. Section 2. Obtaining Electrical Service. Except as otherwise provided herein, it shall be unlawful for any person to obtain electrical service from any person, firm, corporation or other entity which is not franchised pursuant to Section 1 of this ordinance to provide such electrical service. Section 3. City Electric Utility. The provisions of this ordinance shall not apply to the electrical utility of the City and that utility shall be authorized to furnish electric service to any property within the City. Section 4. Annexations. Properties within any annexa- tion to the City may continue to receive electrical service from any utility previously furnishing such service without complying with the provisions of this ordinance for a period of ninety (90) days after the effective date of the annexation. After the.expiration of such ninety -day period, all electrical service within any annexed area shall be provided in accord- ance with the provisions of this ordinahce. If a franchise 330 for the furnishing of electrical service within a duly annexed area is not granted within such ninety -day period, the City electrical utility shall provide electrical service to all property within the annexed area in accordance with the provisions -of the ordinances of the City and the rules and regulations of the City Electric Utility for the furnishing of such electrical service. Section 5. Penalty. Any violation of any provision of this ordinance shall be a violation of the ordinances of the City of Fort Collins, punishable as provided in Section 1-23 of the Code of the City of Fort Collins. Each day upon which any violation shall continue shall constitute a separate offense, punishable as such. Section 6. Severability. If any section, subsection or provision of this ordinance or the application thereof to any person or circumstance is declared unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect the other sections, subsections, provisions or applications of this ordinance and the City Council hereby declares that it would have enacted each individual section, subsection, provision and application of this ordinance independently and without reference to the other provisions hereof. Introduced, considered favorably on first reading, ordered published this 21st day of June , A.D. 1977, and to be present—ed-Tor final passage on the 5th July r A.D. 1977. ATTEST: Ci'Clerk and day of Passed and adopted on. final reading this 5th day of July. , A.D. 1977. ATTEST y C erk 331 1 1 R First Reading: June 21, 1977 Second Reading: July 5, 1977 Dates Published: June 26, 1977 Attest: ' City Cler (Vote: Yeas: 6, Nays: 0) (Vote: Yeas: 6, Nays: 1) and July 10, 1977 Ordinance Adopted on Second Reading Vacating a Portion of the Right of Way of Drake Road and Lemay Avenue Following is the City Manager's memorandum on this item: "At its June 21, 1977, meeting the City Council adopted Ordinance No. 77, 1977, on first reading. This Ordinance provides for the vacation of approximately 2-1/2 feet on the west side of Lemay or the east side of the Woodward Governor property and 4-1/2 feet on the north side of Drake Road or the south side of the Woodward Governor property. Woodward Governor would like to put a decorative fence on the property line immediately adjacent to the sidewalk. This vacation would help with the ground maintenance program and also resolve the liability question. This Ordinance was adopted conditionally at the June 21, 1977, meeting. There are some underground street lighting cables and other utilities in this vacated part. This would require the City to obtain an easement to the property for utility purposes. It is expected that we would have this easement situation resolved before the July 5, 1977, meeting. Woodward Governor has verbally agreed with these easement 1t agreements. Mayor Bloom declared he would turn the Chair over to Vice-. Mayor Suinn. Councilman Bowling made a motion, seconded by Councilman Russell to adopt Ordinance No. 77, 1977 on second reading. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Mayor Bloom out of room.) THE MOTION CARRIED 332 ORDINANCE NO, 77, 1977 ' BEING AN ORDINANCE VACATING A PORTION OF THE RIGHT OF WAY OF DRAKE ROAD AND A PORTION OF THE RIGHT OF WAY OF LEMAY AVENUE IN THE CITY WHEREAS, heretofore the owner of the property hereinafter described dedicated said property together with other property as a part of the right of way for Drake Road and the right of way for Lemay Avenue; and WHEREAS, it appears that the portion of said right of way hereinafter described is not needed for street, highway or other municipal purposes and the adjoining property owner who dedicated the same has requested that the excess portion not needed be vacated; and WHEREAS,.the City Council has considered such request, has made a determination that the portion of the right of way hereinafter described is not needed for any municipal purpose and should be vacated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: ' Section 1. That the following described portion of the property dedicated as a part of Drake Road in the City of Fort Collins, Colorado, to -wit: Considering the South line of Section 24, Township 7 North, Range 69 West of the 6th P.M. as bearing N 89*37130" W; commencing at a point which bears N 00*22130" E 30.00 feet from the SW corner of the SE 1/4 of the SE 1/4 of said Section 24, said SW corner of the SE 1/4 of the SE 1/4 bearing N 89037130" W 1321.36 feet from the SE corner of said Section 24, and running thence S 89037130" E 989.35 feet; thence along tha arc of a 221.00 foot radius curve to the right 117.64 feet, the long chord of which bears S 74°22130" E 116.26 feet; thence S 59007153.8" E 137.51 feet; thence along the arc of a 49.5 foot radius curve to the right 7.15 feet, the long chord of which bears N 70051141.8" W 7.14 feet; thence N 66043134" W 86.79 feet; thence N 68°18128.3" W 78.75 feet; thence along the arc of a 455.5 foot radius curve to the left 169.46 feet, the long chord of which bears N 78058102" W 168.48 feet; thence N 89*37130" W 894.35 feet; thence N 000221300 E 4.50 feet, to the point of beginning, containing 0.19343 acres (8,425.89 ' square feet), more or less; 333 ' be, and the same hereby is, abated, vacated and abolished, Section 2. That the following described portion of the property dedicated as a part of Lemay Avenue in the City of Fort Collins, Colorado, to -wit: Considering the East line of Section 24, Township 7 North, Range 69 West of the 6th P,M, as bearing N 00*13130" W; commencing at a point which bears N 89°37►30° W 40.00 feet from the SE corner of said Section 24 and running thence N 00013130" W 1324.20 feet; thence N 89*42100" E 2.5 feet; thence S 00*13130" E 1174.62 feet; thence S 01953145.9" W 54.04 feet; thence S 00013134.70 E 95.58 feet; thence South 22.13 feet; thence along the arc of a 49.5 foot radius curve to the right 7.04 feet, the long chord of which bears S 04004143.4" W 7.03 feet; thence North 29.14 feet, to the point of beginning, containing 0.07063 acres C3,077.39 square feet) more or less; be, and the same hereby is, abated, vacated and abolished. Section 3. Pursuant to law, the portions of the rights of way hereinabove vacated shall revert to the owner of the ' premises adjoining the same. Introduced, considered favorably on first reading and ordered published this 21st day of June, A.D, 1977, and to be presented for final passage on the 5th day of July, A.D. 1977. ATTEST• City Clerk Passed and adopted on final reading this 5th day of July, A.D. 1977. ATTEST ' City Clerk 334 First Reading: June 21, 1977 (Vote: Yeas: 5, Nays: 0) Second Reading: July 5, 1977 (Vote: Yeas: 6, Nays: 0) Dates Published: June 26, 1977 and July 10, 1977 ' Attest: / City Cler Ordinance Adopted on Second Reading onina the Greenwalt Tenth Annexation Following is the City Manager's memorandum on this item: "At its June 21, 1977, meeting the City Council adopted Ordinance No. 78, on first reading. The Greenwalt Tenth Annexation consists of 73.3 acres located on the southwest corner of East Drake and Timberline Road. The zoning is R-L-M, Low Density Multiple -Family District." Councilman Russell made a motion, seconded by Councilman St. Croix to adopt Ordinance No. 78, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED I ORDINANCE NO. 78 , 1977 BEING AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE OF THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE GREENWALT TENTH ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the Zoning District Map adopted by Chapter 118 of the Code of the City of Fort Collins, be and the same hereby is changed and amended by including that portion of the Greenwalt Annexation to the City of Fort Collins described as follows: 335 1 1 A tract of land situate in the Northeast 1/4 of Section 30, Township 7 North, Range 68 West of the Sixth P.M., Larimer County, Colorado, which begins at the Northeast corner of said Section 30,.and run thence S 000 25' W 430.00 feet; thence N 890 35' W 390.00 feet; thence S 000 25' W 425.00 feet; thence S 820 52' 24" E 171.17 feet; thence S 890 35' E 220.00 feet; thence S 00o 25' W 290.00 feet thence N 890 35' W 550.00 feet; thence N 000 25' E 1159.64 feet; thence N 890 51' 30" E 550.03 feet to the point of beginning, in the R-L-M, Low Density Multiple Family District, and by including the remainder of the said Greenwalt Annexation in the R-L, Low Density Residen- tial District. Section 2. The City Engineer is hereby authorized and directed to amend said Zoning District Map in accordance with this ordinance. Introduced, considered favorably on first reading, and ordered published this 21st day of June, A.D. 1977, and to be presented for final passage on the 5th day of July, A.D. 1977. ATTEST: City Clerk Passed and adopted on final reading this 5th day of July, A.D. 1977. 336 First Reading: June 21, 1977 (Vote: Second Reading: July 5, 1977 (Vote: Dates Published: June 26, 1977 and July Attest: City Clerk Yeas.: 5, Nays: 0) Yeas: 7, Nays: 0) ' 10, 1977 Ordinance Adopted on Second Reading Rezoning M.E.E.S. II, Ltd. Stonehenge PUD.Property Following is the City Manager's memorandum on this item: "Ordinance No. 80, 1977, was adopted on first reading at the June 21, 1977, meeting. The Stonehenge PUD consists of 10.25 acres located east of Lemay and south of East Stuart Street. This Ordinance provides for the rezoning of property from R-L, Low Density District, to R-L-P, Low Density Planned Residential District. The Planning and Zoning Board recommended unanimously for approval of this rezoning." Councilman Suinn made a motion, seconded by Councilman Wilkinson I to adopt Ordinance No. 80, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED ORDINANCE NO. 80 , 1977 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 C7TY 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-L, Low Density Residential District to R-L-P, Low Density Planned Residential District for the following described property in the City, to -wit: 337 1 A tract of land situate in the Southwest 1/4 of the Northwest 1/4 of Section 19, Township 7 North, Range 68 West, of the Sixth P.M., City of Fort Collins, County of. Larimer, State of Colorado, which, considering the west line of said Northwest 1/4 as bearing North and with all bearings contained herein relative thereto, begins at a point which bears East 505.00 feet from the Northwest corner of said Southwest 1/4 of the Northwest 1/4, and run thence South 170.00 feet; thence along the arc of a 180.30 foot radius curve to the right a distance of 97.55 feet, the long chord of. which bears S 15030'. W 96.37 feet; thence S 31000' W 308.00 feet; thence N 59000' W 158.96 feet; thence West 184.36 feet; thence South 453.00 feet; thence East 380.00 feet; thence North 98.00 feet; thence along the arc of a 248 foot radius curve to the right a distance of 282.93 feet, the long chord of which bears N 32041' E 267.84 feet; thence N 65022' E 325.60 feet; thence along the arc of a 467.42 foot radius curve to the left a distance of 155.28 feet, the long chord of which bears N 55051' E 154.56 feet; thence N 43040' W 30.00 feet; thence along the arc of a 1065 foot radius curve to the left a distnace of 303.46 feet, the long chord of which bears N 39047'05" E 302.43 feet; thence along the arc of a 15 foot radius curve to the left a distance of 25.24 feet, the long chord of which bears N 16035'30" W 22.37 feet; thence N 25°11'42" E 40.00 feet; thence along the arc of a 424.14 feet foot radius curve to the left a distance of 186.51 feet, the long chord of which bears N 7.7024'08" W 185.01 feet; thence West 446.41 feet to the point of beginning." Introduced, considered favorably on first reading, and. ordered published this 21st day of June, A,D. 1977, and to be presented for final passage on the 5th day of July, A.D. Passed and adopted on final reading this 5th day of 338 First Reading: June 21, 1977 (Vote: Yeas: 4, Nays: 0) Second Reading: July 5, 1977 (Vote: Yeas: 7, Nays: 0) ' Dates Published: June 26, 1977 and July 10, 1977 Attest: City Cler Ordinance Adopted on Second Reading Rezoning the Jones -Impala Drive Property" Following is the City Manager's memorandum on this item: "The Jones - Impala Drive rezoning consists of 4.3 acres located on the west side of Impala Drive north of West Mulberry and south of Olive Street. This Ordinance provides for the rezoning from R-L, Low Density Residential District to R-L-M, Low Density Multiple -Family District. The Planning and Zoning Board recommended unanimously for approval of this rezoning." Councilman Suinn made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 82, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn ' and Wilkinson. Nays: None, THE MOTION CARRIED ORDINANCE NO. 82 , 1977 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-L, Low Density Residential District to R-L-M, Low Density Multiple Family District for the following described property in the City, to -wit. 339 1 A tract of land located in the SE 1/4 of Section 9, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, Larimer County, Colorado, being more particularly described as follows: Considering the South line of the SE 1/4 of said Section 9 as bearing S 89*35130" E, and with all bearings contained herein relative thereto: Commencing at the South 1/4 corner of said Section 9; thence along the said South line S 89*35130" E 997.80 feet; thence N 00024130" E 407.00 feet to the True Point of Beginning; thence along the arc of a curve to the left a distance of 52.36 feet, radius of 200.00 feet, the long chord of which bears N 07*0513011 W 52.21 feet; thence N 14035130" W 49.66 feet; thence along the arc of a curve to the left a distance of 50.67 feet, radius of 200.00 feet, the long chord of which bears N 07*20' W 50.54 feet; thence N 00024130" W 178.25 feet; thence S 89*55130" W 383.67 feet; thence S 00*07' E 335.84 feet; thence S .89035130".E 180.73 feet; thence S 00*24130" W 185.00 feet; thence S 89035130" E 100.00 feet; thence S 00024130u W 63.50 feet; thence S 89*35157" E 127.80 feet; thence N 00024130". E 259.51 feet to the True Point of Beginning. Introduced, considered favorably on first reading, and ordered published this 21st day of June, A.D. 1977, and to be presented for final passage on the 5t ay�%ooff July, A.D. 1977. .. / AT EST• 7 CiyC er Passed and adopted on final reading this 5th day of July, A.D. 1977. ATTEST• Mayor Ci y Clerk , 1 340 First Reading: June 21, 1977 (Vote: Yeas: 4, Nays: 0) Second Reading: July 5, 1977 (Vote: Yeas: 7, Nays: 0) ' Dates Published: June 26, 1977 and July 10, 1977 Attest: City ClerkT.. Ordinance Adopted on Second Reading Vacating a Portion of Heatheridge Road in the Foothills Village First Filing Following is the City Manager's memorandum on this item: "Ordinance No. 84, 1977, was adopted on first reading at the June 21, 1977, City Council meeting. This vacation is requested pursuant to the agreement between the developer of Village West and the Homeowners Association as well as other interested parties." Councilman Suinn made a motion, seconded by Councilman St. Croix to adopt Ordinance No. 84, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. ' THE MOTION CARRIED ORDINANCE NO. 84 , 1977 BEING AN ORDINANCE VACATING A PORTION OF HEATHERIDGE ROAD IN THE FOOTHILLS VILLAGE FIRST FILING BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That the following described portions of Heatheridge Road in Foothills Village First Filing be, and the same hereby are, vacated, abated and abolished: 341 1 A part of Heatheridge Road as platted in Foothills ' Village, First Filing, Fort Collins, Colorado, begin at the most Southerly corner of Foothills Village, First Filing, and run thence N 69028' E 43.34 feet; thence along the arc of a 308.00 foot radius curve to the left a distance of 37.55 feet, the long chord of which bears N 02058'50" W 37.32 feet; thence N 54034' W 57.42 feet; thence along the arc of a 268.00 foot radius curve to the right a distance of 86.52 feet, the long chord of which bears S O5025115" E 86.15 feet to the point of beginning. ALSO begin at a point on the Westerly line of Heatheridge Road which bears N 05*25115" W 86.15 feet from the most Southerly corner of Foothills Village, First Filing, and run thence along the arc of a 268.00 foot radius curve to the left a distance of 40.37 feet, the long chord of which bears N 18159105" W 40.33 feet; thence N 23018' W 15.00 feet; thence N 66*42' E 55.00 feet; thence along the arc of a 15.00 foot radius curve to the left a distance of 23.56 feet, the long chord of which bears S 21*42' W 21.21 feet; thence along the arc of a 308.00 foot radius curve to the right a distance of 90.59 feet, the long chord of which bears S 14*52125" E 90.27 feet; thence N 54*00' W 57.42 feet to the point of beginning. ' Introduced, considered favorably on first reading and ordered published this 21st day of June , A.D. 1977, and to be presented for final passage this 5th day of July , A.D. 1977. ATTEST: D Cly Clerk Passed and adopted on final reading this 5th July , A.D. 1977. ATTEST: City C erk dd 1 342 Y day of First Reading: June 21, 1977 Second Reading: July 5, 1977 Dates Published: June 26, 1977 Attest: r r-� City Clerk (Vote: Yeas: 5, Nays: 0) (Vote: Yeas: 7, Nays: 0) and July 10, 1977 Ordinance Adopted on Second Reading Relating to the Utility Investment Fees and Tap Charges Required to Connect to the City Sewer Utility Following is the City Manager's memorandum on this item: "Ordinance No. 85, 1977, was adopted on first reading at the June 21, 1977, meeting. This Ordinance provides for a 15.27% increase in the investment fees and tap charges required to connect to City sanitary sewer. The plant investment fees and tap charges are reviewed and analyzed annually. The developer's committee of the Fort Collins Water Board and the Board as a whole reviewed the staff recommendations with regard to the increase in the sewer investment fee and recommended passage of the rate increase." Councilman Suinn made a motion, seconded by Councilman Bowling to adopt Ordinance No. 85, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: Councilman St. Croix. THE MOTION CARRIED ORDINANCE NO. 85, 1977 BEING AN ORDINANCE AMENDING SECTION 112-83 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO UTILITY INVESTMENT FEES AND TAP CHARGES REQUIRED TO CONNECT TO THE CITY SEWER UTILITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 112-83 C of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting therefrom the table contained therein and by substituting therefor the following: 1 343 1 1 Category Utility Investment Fee i Tap Charge A $919.00 $190.00 B and C $919.00(for first dwel- ling unit) $190.00 $669.00 (for each addi- tional dwelling unit) D,E and F Nonresidential Water Meter Size (inches) 3/4 $ 919.00 $190.00 1 1,536.00 190.00 1-1/2 3,056.00 190.00 2 4,901.00 215.00 3 9,193.00 215.00 4 15,339.00 215.00 6 30,517.00 225.00 G (same as equivalent Cate- gory, plus any special sanitation district fees) H Negotiated Introduced, considered favorably on first reading, and ordered published this 21st day of June, A.D. 1977, and to be presented. for. final passage on the 5th day of July A.D. 1977. ATTEST: City Clerk 344 Passed and adopted on final reading this 5th day of July, A.D. 1977. ATTEST: D City Clerk First Reading: June 21, 1977 (Vote: Second Reading: July 5, 1977 (Vote: Dates Published: June 26, 1977 and July Attest: City Cler Yeas: 6, Nays: 0) Yeas: 6, Nays: 0) 10, 1977 Ordinance Adopted on First Reading Relating to Licenses for Auctioneers and Peddlers Following is the City Manager's memorandum on this item: "Ordinance No. 86, 1977, provides for the elimination of the different types of auctioneers' and peddlers' licenses and allows quarterly licenses for peddlers. The whole question of peddlers' licenses has been discussed at recent City Council meetings. We had received a request from an individual who had to pay $200 for a hawker's or peddler's license to sell balloons in City parks. At Uhe same time he was requested to pay a concession fee to the Parks and Recreation Department. This individual questioned the double charging and also the equity of charging a $25 fee to peddle food items and $200 to peddle other goods, wares, or merchan- dise within the corporate limits of the city. He also asked if this license could be paid on a quarterly basis. The individual matter was resolved by rebating the peddler's license since the selling would only go on in the City parks. Other concessionaires in City parks only pay a percentage of their gross sales. However, we did want to also resolve this matter on a long-term basis. 345 LI 1 Ordinance No. 86, provides for $100 per year license fee for auctioneers, and $50 per quarter or $150 per year for ' hawkers and peddlers." Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 86, 1977 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Vacating the Street in the Citv Hall Block Following is the City Manager's memorandum on this item: "The City of Fort Collins now owns all of the property in Block 42 of Fort Collins which is known as the City Hall block. The alley is actually a dedicated street recorded as Washington Place. To clarify the situation and to have a clear building permit, the City Council should vacate this street, or part of the present new City Hall building will be protruding into the street right of way." Councilman Suinn made a motion, seconded by Councilman ' Wilkinson to adopt Ordinance No. 89, 1977 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading as Amended Amending the Occupational Tax for Mountain Bell Following is the City Manager's memorandum on this item: "Prior to 1976, Mountain Bell paid the City 2'/ of its gross revenues to the City as an occupational tax. In the summer of 1976, the State Supreme Court ruled that an occupational tax based on a percentage of gross receipts is an income tax. This decision necessitated a revision in the methods used by Colorado municipalities to derive the amount of occupational tax due the City. Pursuant to this ruling Council passed Ordinance No. 56 on August 31, 1976, which levied an annual tax of $90,000 on the telephone utility, subject to revision. Ordinance No. 90 would raise this annual fee to $100,000. ' The increase of $10,000 is suggested to adjust the fee in line with our current rate of growth." 346 Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt Ordinance No. 90, 1977 on first reading. ' City Attorney March requested Council defer consideration of this matter until later in the meeting, as the ordinance needed revisions to eliminate the old occupation tax. Councilman Russell made a motion, seconded by Councilman Suinn to table this item until later in the agenda. Yeas Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Resolutions Adopted Pertaining to the Retirement Plan Following is the City Manager's memorandum on this item: "At the executive session at 4:00 p.m. on Tuesday, July 5, the City Council will review several recommendations from the Administration regarding minor changes in the City Employees' Retirement Fund, In one case, the Administration feels that some employees should have an increase in the years of service they have under the Retirement Fund, and in the other case there are several employees that are ' recommended for exclusion from the Retirement Fund. The Council will receive memorandums and drafts of the Resolu- tions in connection with these proposed changes. If the Council agrees with these recommendations, the Resolutions, which are fairly short, can be introduced and read in full at the July 5th meeting." Councilman Suinn made a motion, seconded by Councilman Wilkinson to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: Councilman Russell. THE MOTION CARRIED 347 1 ir I RESOLUTION 77-42 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE GRANTING OF RETIREMENT CREDIT TO H. R. PHILLIPS AND GLORIA WHITE FOR THE YEARS OF SERVICE ON THE RECREATION COMMISSION (1962 - 1965) Y WHEREAS, between 1-1-62 and 1-1-66 H9 R. Phillips was employed by the Recreation Commission; and WHEREAS, between 6-1-62 and 1-1-66 Gloria White was employed by the Recreation Commission; and WHEREAS, the City Council recognizes that during those years (1962 - 1965) the City contributed funds to said Recreation Commission; and WHEREAS, the City Council recognizes that.no retirement credit was granted H. R. Phillips and Gloria White while employed by the Recreation Commission; and I WHEREAS, the City Council recognizes that the Recreation Commission performed a quasi -municipal function and was eventually incorporated into the City organization. ' NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: i 1 1. That the City grant H. R. Phillips and Gloria White retirement � credit for their service on the Recreation Commission from 1-1-62 to 1-1-66 and 6-1-62 to 1-1-66, respectively. Passed and adopted at a regular meeting.of the City Council held the. 5th day of July . A.D. 1977. ATTEST: City Clark 30 City Clerk Verna Lewis read the next resolution by title. Councilman Bowling made a motion, seconded by Councilman I Wilkinson to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Russell,St. Croix, Suinn and Wilkinson. Nays: None. (Mayor Bloom out of room.) THE MOTION CARRIED RESOLUTION 77-43 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE WITHDRA1,1AL OF PAUL A. LANSPERY FROM THE CITY RETIREMENT PLAN AND SUBSTITUTING PARTICIPATION ON BEHALF OF PAUL LANSPERY IN THE IGIA RETIREMENT CORPORATION'S DEFERRED CCMPMT WHEREAS, heretofore on March 4, 1971, the City Council established a retire- ment plan for employees of the City; and WHEREAS, the Assistant City Manager is included as a participant in that retirement plan; and WHEREAS, the City Council recognizes that this aforementioned position is unique among City employees and normally involves employment of individuals with previous experience in other municipalities; and WHEREAS, because of these unique aspects of this position, it is the opinion ' of the City Council that retirement benefits for the Assistant City Manager should not be provided through the City retirement but would better be provided through participation in the Deferred Compensation Plan of the ICMA Retirement Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: 1. That the City retirement plan adopted by resolution of the City Council on March 4, 1971, is amended to delete the Assistant City Manager as a participating City employee in such plan. 2. Any amounts which would have been payable by the City into the City retirement plan on the behalf of the Assistant City Manager, if he was a participant in such plan, shall instead be paid into the Deferred Compensation Plan established for this individual with the IM Retirement Corporation. 3. All amounts heretofore paid into the City retirement plan an behalf of Paul Lanspery shall be withdrawn from the City retirement plan and paid into the Deferred Compensation Plan established for the Assistant City Manager with the ICMA Retirement Corporation. The amounts to be so withdrawn shall be only the amounts paid in and not any increases which have been earned on such amount. 349 1 '4. This resolution shall be effective at such time as the Assistant City Manager executes a waiver of all claims to benefits or rights under the City Retire- ment Plan. Passed and adopted at a regular meeting of the City Council held the Sth day of July , A.D. 1977. ATTEST: City Cler Resolution Adopted Providing, for the Use of Urban Systems Funds in Connection with the Improvements for Drake Road and Lemay Avenue ' Following is the City Manager's memorandum on this item: "On March 1st, 1977, the Fort Collins City Council adopted Resolution No. 77-12 pertaining to the improvement of Drake Road from Stover east to Lemay and on Lemay from Drake south to Horsetooth Road. At that time the Resolution did not include a section on the commitment of the local share of the project cost." Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Mayor Bloom out of room.) THE MOTION CARRIED 1 350 RESOLUTION 77-44 OF. THE COUNCIL OF THE CITY OF FORT COLLINS ACKNOW- LEDGING THE OBLIGATION OF THE CITY TO PROVIDE ITS SHARE OF THE COST OF STREET IMPROVEMENTS ON DRAKE ROAD AND LEMAY AVENUE TO BE INSTALLED BY THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, UNDER URBAN SYSTEMS PROGRAM PROJECT NO. M 5000(1) AND AGREEING TO PROVIDE SUCH FUNDS WHEREAS, heretofore on March 1, 1977, the City Council adopted a resolution authorizing an agreement between the City of Fort Collins and the State Department of Highways, Division of Highways, State of Colorado, for the construction of street improvements on Drake Road and Lemay Avenue under Federal Urban Systems Program Project No. M 5000(1); and WHEREAS, the maximum funding available through the Federal Urban Systems Program will be $190,000.00, or a pro rata share of 74% of the final costs of the project, whichever dollar amount is less; and WHEREAS, the estimated cost of the project is $433,000.00, and the City of'Fort Collins will be required to provide the funds to pay all costs of the project over the amount paid through federal aid funds; and WHEREAS, it is necessary that the City Council acknow- ledge its responsibility to pay its share of the costs of such program and agree to pay the same; and WHEREAS, adequate funds for payment of the City's share of the project are available and to the extent required have been previously appropriated for expenditure by the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the City Council hereby acknow- ledges its responsibility to provide the necessary funds to pay all costs of Project No. M 5000(1) for installing street improvements on Drake Road and Lemay Avenue in excess of the federal aid funds available for expenditure on this project and that the City Council hereby agrees to provide its share of the cost of such project. Passed and adopted at a regular meeting of the City Council held this 5th day of J ATTEST: c Ci y Clerk 1 1 351 1 1 1 Recommendation of Administration Approved Regarding Location of Trolley Car in the Downtown Area Following is the City Manager's memorandum and recommendation on this item: "Consideration of the trolley location in the downtown area was tabled at the June 28, 1977, adjourned meeting. Enclosed is a memorandum from Ellen Thexton, Cultural Affairs Director, on this subject. The historic trolley which was formerly used in Fort Collins was previously located behind the old Pioneer Museum. It was temporarily relocated to a site around the new Fort Collins Museum. However, it was never felt to be appropriate at this location. This is especially true now that we will be receiving an old school house to locate with the two cabins in the courtyard area to the east and south of the Museum. Many of us feel the ideal location is someplace in the downtown area. In the first place, that is where the trolleys were used. Also, the trolley could be a focal point and utilized to advertise and sell tickets for various events in . the City including programs at the Lincoln Community Center. The Fort Collins Junior Women's Club volunteered to move and restore the trolley at no cost to the City. This is an exceptional opportunity for the City to make the change. Recommendation: The Administration recommends that the City Councilapprove the relocation of the trolley car to someplace in the downtown area, accept the gracious offer of the Fort Collins Junior Women's Club, and direct the staff to make final arrangements as to the location and other necessary arrangements in connection with this move." Councilman Bowling again expressed appreciation to the Fort Collins Junior Women's Club for this civic effort. Councilman Russell expressed concern relating to who would have ultimate jurisdiction over use, refurbishing, priorities for ticket sales, etc. City Attorney March stated these items will be solved by means of a contract to be presented later. Mayor Bloom and Councilman Wilkinson expressed concern relating to the placing of the school house at the Library site relating to the 5% open space limitation. Acting City Manager Lanspery will report on this aspect. 352 Cultural Affairs Director Ellen Thexton and Director of Engineering Services Roy Bingman spoke to the proposed location which has not been determined as yet. Councilman Bowling made a motion, seconded by Councilman St. Croix to approve the concept as presented by the administration. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Oxford Lane in Eastborough Subdivision Changed to Oxborough Drive Following is the City Manager's memorandum on this item: "The staff has initiated that the name for Oxford Lane as platted in the Silverwood Subdivision and proposed in the Eastborough Subdivision by changed, because it will not connect to the existing Oxford Lane west of Lemay Avenue. Correct street naming is important to our Fire and Police Departments as well as to the Post Office. Various street names should not be spelled the same or phonetically sound the same. This is especially important when an emergency vehicle is being dispatched. The developer of Eastborough Subdivision has suggested that the name "Oxborough Lane" be designated. This name is acceptable to all parties affected." The consensus was to change the name of Oxford Lane to Oxborough Drive on the plat of the Eastborough Subdivision. Resolution Adopted Changing the Name of Oxford Lane to Oxborough Drive in the Silver -wood Village, First Filing Subdivision Councilman Wilkinson made a motion, seconded by Councilwoman Gray to amend the resolution by deleting the word "Lane" and substituting the word "Drive." Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 353 1 1 1 1 Councilman Bowling Wilkinson to adopt Councilmembers Bloo Suinn and Wilkinson THE MOTION CARRIED made a motion, seconded by Councilman the resolution as amended. Yeas: m, Bowling, Gray, Russell, St. Croix, . Nays: None. RESOLUTION 77-45 OF THE COUNCIL OF THE CITY OF FORT COLLINS CHANGING THE NAME OF OXFORD LANE, A STREET IN SILVERWOOD VILLAGE, FIRST FILING IN THE CITY OF FORT COLLINS, TO OXBOROUGH DRIVE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That the name of that certain street heretofore, known as Oxford Lane located in Silverwood Village, First Filing, a subdivision in the City of Fort Collins, Colorado, is hereby changed to Oxborough Drive. Passed and adopted at a regular meeting of the City Council held this 54-h A- ^F T-1- * ^ 1- ATTEST: City Cler 1 354 Authorization to Exceed Housing Rehabilitation Grant Limits Approved Following is the City Manager's memorandum and recommendation on this item: "Enclosed is a memo from Jim Woods, our Housing Rehabilitation Director, with regard to the Housing Rehabilitation Program. As indicated in Jim's letter, our maximum grant limits are $10,000 for very low-income persons and $7,500 for moderately low income. We are experiencing some problems with regard to these grant limits. This is especially true in connection with the unpredictable costs during remodeling and reconstruc- tion work, along with not knowing the complete extent of work until we actually start the repair. All the work performed must be in compliance with the Uniform Building Code. Although we do not expect to use it too often, it would be helpful if the Housing Rehabilitation Director could have a 10% overage from the grant limitation in unusual situations. If it exceeded this amount due to extremely unforseen conditions we would bring the entire matter back to the City Council. Recommendation: The Administration recommends that the City Council aut orize the Housing Rehabilitation Director, with the concurrence of the City Manager, to exceed the draft ' limits by 10% in unusual situations. The reporting of these overages should be brought to the City Council's attention. It is also understood that any amount that might go above this amount should be brought to the Council prior to doing any work." Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adopt the recommendation of the administration. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. THE MOTION CARRIED Airport Master Plan Tabled Councilman Bowling requested he be excused from consideration and vote on this item and the next due to a possible conflict of interest. Following is the City Manager's memorandum on this item: 355 1 "At the last meeting of the Airport Board, the Board discussed the Master Plan and recommended to the two City Councils that the plan be adopted. Only minor revisions were made in the plan at that'time. Representatives from the Board will be available to answer any questions you might have." Administrative Assistant Susan Jones stated the plan is basically the same as was presented two years ago. Councilman Russell made a motion, seconded by Councilwoman Gray to adopt the Airport Master Plan with revisions. Yeas: Councilmembers Bloom, Gray and Russell. Nays: Councilmembers St. Croix, Suinn and Wilkinson. (Councilman Bowling out of room.) THE MOTION WAS DEFEATED Mayor Bloom declared the motion dead. Councilwoman Gray requested clarification; "by not adopting the Master Plan, are we cutting off any possibility of any federal funding for the airport?" ' Administrative Assistant Susan Jones responded there was a possibility. Councilman Wilkinson made a motion, seconded by Councilwoman Gray to reconsider the previous action. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Bowling out of room.) THE MOTION CARRIED Councilman St. Croix made a motion, seconded by Councilwoman Gray to table this item to the next regular meeting in order to give Council adequate time to study. Yeas: Councilmembers Bloom, St. Croix, Suinn and Wilkinson. Nays: Councilmembers Gray and Russell. (Councilman Bowling out cf room.) THE MOTION CARRIED Airport Board Funding Tabled to July 19, 1977 Following is the City Manager's memorandum and recommendation on this item: 1 356 "For some time the equitable distribution of funding for the Fort Collins/Loveland Airport has been a point of con- tention between Fort Collins and Loveland. The point on which the two cities agree, however, concerns the fact that realistically the Airport should be a County -owned airport and not a City -owned airport. In view of the above, the Administration recommends that: 1. Steps be taken to investigate the possibility of County establishing an Airport District and transferring ownership of the Airport to the County. 2. Beginning in 1977 and continuing until the transfer of ownership that contributions to the Airport from Fort Collins and Loveland be made on a 50-50 split. Based on our approved allocation, this would mean that both Fort Collins and Loveland would contribute $10,000 to the Airport in 1977. 3. That Council agree to commit funds for Capital Improvements at the Airport to include runway and taxiways. The sponsor's share of these improvements would be split evenly between Fort Collins and Loveland. Recommendation: The Administration recommends that Council t instruct staff and the Airport Board to actively pursue the possibility of establishing an Airport district through the County. Further, the Administration recommends that Council endorse the capital improvements schedule attached (excluding taxiway lights) and provide funding to the Airport on a 50-50 match basis with Loveland." 357 1 A 1 Beginning Fund Balance Contributions: Sponsor's Share Federal ADAP Total Operating Revenue: FORT COLLINS/LOVELAND AIRPORT REVENUES - EXPENSES 1977-1981 (Estimate) Estimate Estimate Estimate Estimate Estimate 1977 1978 1979 1980 1981 139,637 50,362 53,362 53,862 51,862 22,500 35,000 110,000 110,000 34,000 @90% 410,808 @90% 315,000 @80% 440,000 @80% 440,000 @80% 136,000 433,308 350,000 550,000 550,000 170,000 1% Adj. Gross Income 3,600 5,000 5,000 5,000 5,000 Fuel 18,000 22,000 22,000 22,000 22,000 Rent 6,000 6,000 7,000 7,000 7,000 Farm 6,000 6,000 8,000 8,000 8,000 Interest 6,000 2,000 2,000 2,000 2,000 County Tax 5,000 5,000 5,000 5,000 5,000 Landing & Misc. Fees 3,000 5,000 6,000 6,000 6,000 Total 47,600 51,000 55,000 55,000 55,000 Total Resources 620,545 451,362 658,362 658,862 276,862 01 ting Expenses: Manager 8,000 12,000 14,000 16,000 16,000 Utilities 5,000 6,000 8,000 8,000 8,000 Maintenance 16,000 18,000 20,000 20,000 20,000 Miscellaneous 11,000 12,000 12,500 13,000 13,000 Total 40,000 48,000 54,500 57,000 57,000 Capital Improvements: Apron/VASI/Lighting 497,808 No. Parallel Taxi -way 550,000 So. Parallel Taxi- 550,000 Runway Leveling Course 300,000 Taxiway Leveling Course 50,000 No. & Y Taxi -way Lights 110,000 So. Taxi -way Lights 60,000 Water Utility 32,175 Engineering 200 Total 530,183 350,000 550,000 550,000 170,000 Total Expenses 570,183 398,000 604,500 607,000 227,000 Ending Fund Balance 50,362 53,362 53,862 51,862 49,862 ' 358 B (if more FAA funds become available) FORT COLLINS/LOVELAND AIRPORT REVENUES - EXPENSES 1977-1981 (Estimate) Estimate Estimate Estimate Estimate Estimate 1977 1978 1979 1980 1981 Beginning Fund Balance 139,637 50,362 53,362 53,862 51,862 Contributions: Sponsor's Share 22,500 90,000 110,000 34,000 Federal ADAP @90% 410,808 @90% 810,000 @80t 440,000 @80% 136,000 @80% Total 433,308 900,000 550,000 170,000 Operating Revenue: 18 Adj. Gross Income 3,600 5,000 5,000 5,000 5,000 Fuel 18,000 22,000 22,000 22,000 22,000 Rent 6,000 6,000 7,000 7,000 7,000 Farm 6,000 6,000 8,000 8,000 8,000 Interest 6,000 2,000 2,000 2,000 2,000 County Tax 5,000 5,000 5,000 5,000 5,000 Landing & Misc. Fees 3,000 5,000 6,000 6,000 6,000 Total 47,600 51,000 55,000 55,000 55,000 Total Resources 620,545 1,001,362 658,362 278,862 106,862 Operating Expenses: ' Manager 8,000 12,000 14,000 16,000 16,000 Utilities 5,000 6,000 8,000 8,000 8,000 Maintenance 16,000 18,000 20,000 20,000 20,000 Miscellaneous 11,000 12,000 12,500 13,000 13,000 Total 40,000 48,000 54,500 57,000 57,000 Capital Improvements: Apron/VASI/Lighting 497,808 No. Parallel Taxi -way 550,000 So. Parallel Taxi -way 550,000 Runway Leveling Course 300,000 Taxi -way Leveling Course 50,000 No. & Y Taxi -way Lights 110,000 So. Taxi -way Lights 60,000 Water Utility 32,175 Engineering 200 Total 530,183 900,000 550,000 170,000 Total Expenses 570,183 948,000 604,500 227,000 57,000 Ending Fund Balance 50,362 53,362 53,862 51,862 - 49,862 359 ' Councilmembers discussed various areas of the recommendation; the safety aspects of the airport improvements and the vote of the citizens which was held in 1963. Councilman Wilkinson made a motion, seconded by Councilman Suinn to table this item to July 19, 1977 and instruct the administration to request that members of the Airport 3oard be present. Yeas: Councilmembers Bloom, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Councilmembers Russell and Bowling out of room.) THE MOTION CARRIED Recommendation from Larimer County Ad Hoc Committee on Transportation Reviewed Interim City Manager Lanspery introduced Mr. Mathew J. Delich, Transportation Planning Project Manager, who reviewed the following "Recommendations of the Larimer County Ad Hoc Committee on Transportation": APPENDIX B ' Recommendations of the Larimer County Ad Hoc Committee on Transportation (As Amended by the Land Use & Transportation Committee 5/18/77) The Larimer County ad hoc Committee on Transportation has held seven meetings since October 1976. This committee was established by the Governing Board of the Larimer-Weld COG and is now in a position to make the following recommendations for the provision of transportation services in Larimer County. 1. We affirm that the elderly, handicapped, and low-income residents of Larimer County should be provided transportation for their needs such as medical, social services, nutrition, and shopping? In light of this, the following are descriptions f cl_ierLts to be,sQrved by.special'zed transportation in the county: ' , wwra P A. Handicapped: "Handicapped person" means any individual who by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, is unable without special facilities or special planning or design to utilize mass transportation facilities and services as effectively as persons who are not so affected. (This is the definition used by UMTA.) B. Elderly: Any person 60 years of age or older (unless a specific funding source provides for people over 55). 1 360 C. Low -Income: The Committee preferred not to suggest a standard but to review work within the county on standarization of definitions, eligibility require- ments, intake forms, etc., now being considered by the Interagency Council and the Department of Human Development, with the hope that such standards will be usable throughout the county in many different social service programs, including transportat� D. Children: To qualify for public -supported transportation service, children would need to fit into the categories of handicapped or low-income. 2. Steps should be taken immediately to provide CONTINUING (5/18/77 LU&TP mtg.) local commitment of funds for operating expenses. A predominance of local funding is necessary for local control and flexibility of service. The local funding should be augmented by state and federal funds where and when available. A-m4:}-1ev}-9€-lese lhen-ene-mid-#e-reeemmendedT-bnp-a-sees-fax-s-aneEker-pass}b#��yr (5/18/77 LU&TP mtg.) This decision will have to be made by the local elected officials. 3. Transportation services should be coordinated and administered in two phases: Phase A: A transportation clearinghouse should be established with the purposes of establishing inter -community transportation as described in recommendation 6, allocating the responsibility of providing transportation, avoiding duplication of efforts, dealing with new requests for service or start-up of systems, coordinating expansion into new geographic or service category areas, and implementing the recommendations contained herein. The clearinghouse should consist of a coordinator (a COG staff member) and representatives of the County, the Cities, and the private transportation providers. The clearinghouse should continue monitoring and date collection, with the purpose of gaining a better understanding of transportation needs in Larimer County and finding tht; best method for establishing Phase B. t . Phase B: This phase should provide RECOMMENDATIONS TO APPROPRIATE POLITICAL BODIES (5/18/77 LU&TP mtg.) for a permanent commitment to public transportation (whether publicly or privately owned), based on analysis provided in Phase A, and coordinate specialized transportation with public transportation for the general public. This may include establishment of a county -wide Public Transportation Department or Agency. 4. Concerning transportation carriers for the general public in Larimer County, Transfort (City of Fort Collins) and Continental Trailways, the Committee feels that they (particularly Transfort) could take some of the burden off specialized transportation by being more accessible to people through route and schedule signs at bus stops, in stores, businesses, and other public places. People who are physically able and have reasonable access to these two systems should be encouraged to use public transportation to satisfy their particular transportation demands. 5. The City of Fort Collins, through the City Council, should be encouraged to increase Transfort's level of service in order to make it more accessible to all the citizens of Fort Collins. This can be done by reducing the length of time (headway) between buses on each route, which influences trip length and waiting time for the rider; increasing route coverage, which determines how far riders have to walk between bus routes and their origins and destinations; and reducing bus travel time with appropriate techniques, to reduce riders' overall trip time. 361 1 6. Specialized transportation service should be provided to Berthoud, Loveland, Fort Collins, Estes Park, Big Thompson Canyon, LaPorte, Bellevue, and Wellington; at a routing and frequency determined by need. The Committee prefers to make no recommendation on service to Poudre or Rist Canyons, as the need for service there still needs to be demonstrated. In some cases, the needs of the people and trip lengths may require going out of the County, such as transporting Berthoud residents to doctors in Longmont. Provision of these services and the subsidy thereof should be determined by the transportation clearinghouse. 7. Arrangements should be made with private carriers so that if a client cannot be served by the public system in an emergency and cannot pay the fare, the local government will subsidize the fare. 8. In order to reduce the need for a large back-up fleet of vehicles and since it is very unlikely that many of the in-service vehicles will. go down at the same time, cooperative agreements for back-up vehicles should be established between transportation agencies. 9. In order to contribute to operating revenues and encourage a feeling of responsibility among clients, consistent with state and federal funding and operation requirements, a fare system should be established with an anonymous system for those who cannot pay. 10. In order to reduce transportation and save energy, food stamp and other social service programs should be available in communities where warranted by the ' number of clients. 11. In order to conserve energy and to save all taxpayers money, social service organizations should educate those persons without transportation about the added costs of locating far from needed services. Council reviewed the recommendations but took no action on this item and decided instead to set this for a future work session. Planning Figure Set for Funds for Larimer Human Resources Board Following is the City Manager's memorandum and recommendation on this item: "At the June 28, 1977, work session, the City Council received a report from the Larimer Human Resources Board. This Board consists of three members from each of the Cities of Fort Collins and Loveland and Larimer County. In 1976, the City Council designated the Fort Collins Human Relations Commission to have three members serve in this capacity. It is helpful in the evaluation sessions if the various board members can have a tentative commitment from the three governmental jurisdictions 362 with regard to their next year's commitment. Ben Napheys, a member of our local Human Relations Commission and Vice Chairman of the Larimer Human Resources Board, made a presentation and request for each of the governmental jurisdictions to increase their 1978 allotment by 10% over 1977. This would make Fort Collins' contribution $93,500. Recommendation: The City Administration recommends that the City Council tentatively allocate the $93,500 from Revenue Sharing through the Human Resources Department for the 1978 social service agency contracts. The Administration further recommends that the Larimer Human Resources Board set a priority on the various projects in case the City of Fort Collins or other governmental jurisdictions have to cut back part of their 1978 commitment." Acting City Manager Lanspery stated the $93,500 is a recommended planning figure. Human Resources Director John McGraw spoke to the Human Resources Board's time- table for making funding requests. Councilman Suinn made a motion, seconded by Councilwoman Gray that City Council set a planning figure of $85,000 for Human Resources for the year 1978. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. ' Nays: None. (Councilman Russell out of room.) THE MOTION CARRIED Report on Section 8 Coachlight Housine Pro'iect Following is the City Manager's memorandum and recommendation on this item: "At the June 28, 1977, Council meeting the City Council reviewed the proposed Coachlight Section 8 Housing Project. It is not mandatory, but the City is invited to make comments on private Section 8 housing. This housing project is located on the south side of Prospect Street directly south of Riverside Avenue extended. The City Council expressed concern in the following three areas. 1. The adverse effect of the concentration of 48 units at one location. The City has with its public housing attempted to have housing on scattered sites with no more than 10 or 12 in one location. 363 I 1 1 1 2. The concern over design, construction and appearance of the various Federally -supported housing projects. Several of the projects that have been constructed to date do not add aesthetically to the neighborhood or to the City as a whole. 3. The desire to have the subsidized housing constructed on a non-profit basis. Enclosed is a draft letter that was prepared by Jim Woods, our Housing Rehabilitation Director, with regard to this subject. If the Council concurs, it.is recommended that they officially or tacitly authorize the Mayor to sign and send this letter to the Department of Housing and Urban Development. At the present time, the City of Fort Collins is embarking on a 701 Housing Study. It is hoped that this study will involve reviewing the entire housing situation, indicating the needs, and making alternate recommendations. It is necessary that the City Council give more direction on how they want the staff and other groups in the City to proceed with the various public and subsidized housing units. These issues include such things as (1) location, (2) concentration of units, (3) overall design and develop- ment, and (4) the future involvement of the City in providing low-income housing. Of equal importance is for the City again to address the issue of the possible adoption of a Housing Code. Recommendation: The Administration recommends that the City ounce approve the letter as submitted or amended, and then authorize the Mayor to send this letter to the Department of Housing and Urban Development on behalf of the City." Jim Woods, Housing Rehabilitation Director, spoke to the proposed letter. Council took no formal action on this item; the Mayor and the Housing Rehabilitation Director will amend the letter based on Council's concerns; and submit it to HUD. Report on Village West 9th Filing Subdivision Following is the City Manager's memorandum and recommendation on this item: "Mr. Arthur E. March, Jr., our City Attorney, attended a meeting of the property owners in the area of the proposed Village West 9th Filing Subdivision. Due to unfortunate 364 circumstances, no other staff person could be present at this meeting. Mr. Bill Bartran, the proposed developer of this subdivision, was also present, along with a substantial number of property owners. Mr. Bartran explained the proposed plan in some detail and a lengthy question and answer session followed his explanation. No agreement was reached at the meeting, nor was it anticipated that an agreement would be made. Towards the close of the meeting a substantial number of the property owners who attended expressed their continued opposition to the proposed deve- lopment. On the other hand, it appeared that some of the property owners expressed their general approval. It was our understanding that when the attorney and the various property owners appeared during the general citizens' portion of the June 21st, 1977, meeting that a report would be brought back to the City Council at the July 5th meeting. Again, according to our City Attorney, it is his opinion that the Council has granted the variances at an earlier meeting in so far as the variances apply to the subdivision requirements. The preliminary plan was also approved. It will be necessary for the developer to apply for variances before the Zoning Board of Appeals. .After the necessary engineering work has been done and the refinements to the preliminary plan made, this zoning variance petition will be presented. There should be ample time for the Zoning Board of Appeals and the City Council to discuss and ' review this matter. It is hoped that the City of Fort Collins will work on various amendments to the subdivision ordinance. We have put off doing this in the hope of completely rewriting the subdivision ordinance. It is my feeling that the various amendments should be adopted at this time and the overall subdivision ordinance be codified and be adopted at a later date. Mr. Art March will give a more detailed report on this subject at the Council meeting. Recommendation: The Administration recommends that the Council give direction to the Administration if they want to proceed any further on this matter. Under normal cir- cumstances, this matter would be brought back to the variousboards including the Building Board of Appeals, the Planning and Zoning Board and the City Council at the appropriate time for additional approvals." 365 1 City Attorney March stated as indicated there was a meeting held and from talking with Attorney Hiller (representing ' the protestants) the people in the area have requested that this matter be considered again by the Planning and Zoning Board from the standpoint of preliminary plat approval; therefore, he suggested Council consider referring this back to the Planning and Zoning Board at their August meeting. Councilmembers inquired into what would be accomplished if the preliminary plat were referred back to the Planning and Zoning Board. Also addressing the issue were: (a) Attorney Robert Hiller (b) William Bartran, Developer (c) Wendy Johnson, 1828 Manchester Drive. City Attorney March stated that assuming there is plat approval and the design is okay from a subdivision standpoint, on a preliminary basis, the developer would have to go to the Zoning Board of Appeals and obtain variances on setbacks, then the final plat, complete with utility drawings, street layouts, water lines, etc., which would then go to the staff, then the Planning and Zoning Board and then to the Council. Councilmembers considered the possibility of reconsidering their previous action, or setting a time in which new evidence might be heard and reconsideration decided at that time. Councilman Bowling made a motion, seconded by Councilman Wilkinson that Council establish a time on the next agenda to hear arguments whether or not to reconsider the action taken concerning the variances that were taken and direct the City Manager to set up meetings between the developer, the staff, the design architects and the residents prior to the next meeting. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Citizen Participation (a) Mr. Bob Everitt inquired into Ordinance No. 79, 1977 which was denied by the Council; and requested that Council reconsider its action and refer the matter back to the Planning and Zoning Board. He further stated the owners would like to request that only a portion of the 37k acres be zoned industrial and the remainder be planned residential. 366 City Attorney March stated the ordinance was denied and the ten day period has lapsed, therefore, there is no zoning on the land and Council could start all over again, I Council could send the item back to the Planning and Zoning Board for a recommendation. Councilman Wilkinson made a motion, seconded by Councilman Bowling to refer this item back to the Planning and Zoning Board for recommendations for zoning on that land. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED (b) Mr. Chuck Robinson, 319 South Grant, requested that Council consider repealing the provision which allows block parties. Police Chief Ralph Smith responded that the parade permits are given with stipulations and if the permits were not allowed, parties would be held without any stipulations. When disturbances are reported tickets will be issued if there is not compliance. No further action taken on this item. Report from City Manager ' (a) Acting City Manager Lanspery reported that the bid opening date for the carpentry contract for the Downtown Project had been extended from June 30 to July 8 due to inadequate submissions. (b) Former City Manager Brunton had signed a lease with the University of Colorado for the old missile site for $1.00 per year to be used for off site storage. (c) Jim Harmon, Internal Auditor, had reported for duty today Report from City Council Members on Committees (a) Councilman Wilkinson presented the agenda for Poudre R-1, which contains information on the increased tax levy which goes directly to the State Board of Education and not the local school district. (b) Councilman Suinn reported the 208 Subcommittee of the COG is having a work session on Thursday and recommended that Roger Krempel and other consulting firm members be invited. 367 (c) Councilman Russell reported the PRPA Board had met and had held a hearing on the plant site. ' (d) Councilwoman Gray reported the Public Safety Steering Committee of the National League of Cities will be meeting again and reported on the proposed goal regarding LEAA. funding. (e) Councilman Suinn stated the City Manager from Littleton has established priority listings for programs which were considered at the Colorado Municipal League meeting and requested a copy of that listing. (f) Councilman Bowling reported that Denver had passed their rehabilitation code and requested a copy. (g) Councilman Wilkinson also requested that the firm of Rohenkamp, Sachs, Wells and Associates be requested to make a presentation to the Council --- especially in the planning area. (h) Mayor Bloom reported that 101 applications had been received. Executive sessions starting July 11, 1977 will be scheduled to make a selection of a new City Manager. ' Ordinance Adopted on First Reading Amending Occupational Tax for Mountain Bell Councilman Bowling made a motion, seconded by Councilman Suinn to remove this item from the table for consideration. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. . THE MOTION CARRIED City Attorney March stated the proposed ordinance changes the figures from $90,000 to $100,000. City Clerk Verna Lewis read the ordinance at length. Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt Ordinance No. 90, 1977 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 1 368 Prebudget Meeting on Light and Power Department for 1978 Budget Following is the City Manager's memorandum and recommendation I on this item: "Because of time constraints, the City Council had to defer any action on the pre -budget meeting with the Light and Power Department at its June 28th, 1977, work session. Of particular concern to the Council has been the level of reserve balances in the various funds. It is important that the personnel in the Light and Power Department and on the City's Budget Committee discuss this matter with the City Council as soon as possible. The preparation of the 1978 Budget and the first reviews of the possible 1978 electrical rate increase are now in progress. The sooner the staff receives final direction from the Council, the easier it will be to put the budget and rate study material together. Enclosed is a copy of the background material prepared by our Light and Power Department personnel on this subject. It is hoped that the Council can spend 45 minutes to one hour with the Light and Power personnel and the City Budget Committee personnel on this subject. Recommendation: The Administration recommends that the City Council review the existing procedures on the 1978 Budget ' with special attention to the reserve balances and give the staff direction on how to proceed in future years." Director of Utilities Stan Case and Senior Engineer Bob Kost made the presentation and responded to Council questions on the proposed budget. Mayor Bloom stated this item would again be discussed at a future work session. Larimer County COG Rawhide Energy Issue Reviewed Following is the City Manager's memorandum on this item: "We originally scheduled a brief discussion on the Rawhide Energy Issue for the June 28, 1977, work session. However, because of the shortage of time, this matter was delayed until the July 5, 1977, meeting. Representatives of the Larimer-Weld COG will be present to discuss this issue." Councilman Bowling introduced Ms. Barbara Krebs who has chaired the needs section of the Platte River Study Committee. He then excused himself as he will have to vote on this issue when it comes before the COG. 369 Ms. Krebs inquired if Council was planning anything regarding the demand for power and also into conserva- tion measures. Councilwoman Gray responded the City does not have a formal energy policy. Eastborough Subdivision, Final Plat Approved Following is the City Manager's memorandum on this item: "Eastborough Subdivision is located on the east side of Lemay Avenue south of Drake Road. The Plat consists of 157 single-family lots on 46.1 acres zoned R-P, Planned Residential District, and R-L-P, Low Density Planned Residential District. The overall density is 3.4 units per acre. At the June 13, 1977, meeting, the Planning and Zoning Board voted unanimously to recommend approval of this Final Plat subject to the following conditions: 1. The development of Lemay Avenue along the Subdivision should occur in conjunction with the improvement district construction of Lemay taking place to the north and south. 2. A plan for the bike and pedestrian walk along Lemay with attendant low maintenance landscaping should be submitted. 3. "Oxford Lane" is a street name duplication and should be changed. 4. Maintenance access to the detention area at the northeast corner of the site should be provided. The above conditions have been agreed to or met as appropriate. The utility plans have been approved by our Engineering Services Department." Councilman St. Croix made a motion, seconded by Councilman Russell to approve the Eastborough Subdivision.Final Plat. Yeas: Councilmembers Bloom, Bowling, Russell, St. Croix and Suinn. Nays: None. (Councilmembers Gray and Wilkinson out of room.) THE MOTION CARRIED 1 370 Landings PUD, Final Plat and Plans Approved Following is the City Manager's memorandum on this item: "The Landings P.U.D. is located south of Horsetooth Road and west of Warren Lake and consists of 49 single-family lots and 20 multi -family units on 29.2 acres zoned R-P, Planned Residential District, and R-L-P, Low Density Planned Residen- tial District. The overall density is 1.85 units per acre. This is a proposal for zero lot line cluster single family and large lot single family development located at the west end of Warren Lake. The Planning and Zoning Board recommended for conditional approval subject to the developer making changes in the final plat. The final plat has been submitted and the various conditions met. The utility plans have been approved by the City staff." Planning Director Les Kaplan clarified the utility plans had not been approved as yet. Councilman Russell made a motion, seconded by Councilwoman Gray to approve the Landings P.U.D., Final Plat and Plans, subject to approval of the utility plans. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix and Suinn. , Nays: None. (Councilman Wilkinson out of room.) THE MOTION CARRIED Ordinance Tabled on First Reading Relating to Open Meetings of the Human Relations Commission Following is the City Manager's memorandum on this item: "At the present time all meetings of the City Council shall be open to the public in accordance with the requirements of the Charter of the City of Fort Collins. Also, all meetings of boards of the City at which any formal action is taken by such board shall be open to the public at all times. At present, the only exceptions to this are for the Water Board, Personnel Board, and Building and Contractor's Licensing Board who may have a closed meeting if such is in the best interest of the City or the public, or if an individual would be affected by the action of such board. 371 I For some time we have been working on a new Police Grievance Procedure. It has been my feeling and the prevailing feeling in the Police Department that we do not want or need a Police Citizen Review Board. Grievances against members of the Police Department should be handled as an internal administrative manner; however, it is important that the person with a grievance feel that they will have a fair hearing and review of the complaint review procedure and also working with a citizen committee and the Human Relations Commission for additional review into the process. Most of us feel the present regulations are good compromises in this entire situation. The Regu- lations continue the internal review procedure but also assure that there is some review so there is hopefully no possible "white -washing." In some cases, the Human Relations Commission which will be the review body only, might find it necessary to hold closed meetings to safeguard individuals. Therefore, this ordinance provides that the Human Relations Commission is included in that small group of Boards that may hold closed meetings." Assistant City Attorney Liley stated this item should be considered with the next item which is the Administrative Rules and Regulations. Mayor Bloom requested Council consider The Police Grievance Procedure; the flow chart is as follows: 1 372 COMPLAINT PROCEDURE STEP 1: Official Complaint should be filed within 30 (45) days of the Incident, unless good cause for delay. STEP 2: Complaint received in Police Department either by: a) Complainant caning in to Police Department and signing a formal complaint with signature witnessed by Investigator; or b) Complainant filling out and signing a formal complaint, having signatures notarized and bringiing in the form to the Police Department. STEP 4: Investigation by designated Investigator STEP 3: Copy of Complaint sent to: a) City Manager b) Division Chief c) Human Relations Commission - if It s0 desires d) Officer(s) - - j STEP 4A: If investigation is not complete within 3 weeks of receipt of Complaint, Investigator shall send status report to: a) Chief b) City Manager t Complainant d) Officer(s) STEP 5: When investigation is completed, report sent to: a) Chief b Human Relations [omission --If It so desfres c) Complaf.nant d) Offfcn_r(s) STEP 5A: Complainant shall have the right to -)STEP 56: Officer shall have the right to address Human Relations Commission address Police Review Committee regarding accuracy and sufficiency regarding accuracy and sufficiency of report. Human Relations Commission of report. Police Review Committee shall have 15 days from receipt of shall have 15 days from receipt of report to review report, talk with report to review report, talk with Complainant and/or Investigator Complainant and/or Investigator and make written comments to Chief. and make written convents to Chief. 1 STEP 6: Chief shall review report and make written findings regarding the complaint. Unless I� thief finds Complaint to be without validity, he shall send findings to the Division Chief of officer involved for review and recommendations as to disciplinary action. \ - -) STEP 6A: Division Chief reviews report and findings and makes recommendations to Chief on disciplinary action. STEP 7: Chief shall take appropriate disciplinary action and send copies of the findings plus any disciplinary action to following: a) City Manager b) Complainant c) Division Chief d) Human Relations Commission e) Officer(s) (f) Police Review Camittee) STEP 8: Complainant may, within 15 days from date -)STEP 8B: Officer may appeal decision to i notice of findings sent, appeal to Chief Chief through City Grievance to have Investigation reopened and/or Procedure. the findings revised. Copies of Chief's I decision sent to Complainant and to Officer. i 1k , STEP 9: Complainant, within 15 days from date STEP 98: Officer v may appeal final I notice of Chief's decision sent, may decision rendered through the appeal to City Manager, if dissatisfied Grievance Procedure to the y with action or inaction taken by Chief. judicial system. STEP 10: Complainant may pursue whatever remedies - z he may have in the judicial system. 373 1 Councilmembers in turn expressed opinions regarding the need, or lack of need, for Human Relations Commission involvement and the point in time when they would be involved; thereafter, it was referred back to the committee which had compiled the procedure. Councilman Bowling made a motion, seconded by Councilman Wilkinson to table the hearing and first reading of Ordinance No. 88, 1977. Yeas: Councilmembers Bloom, Bowling, St. Croix, Suinn and Wilkinson. Nays: Councilwoman Gray. (Councilman Russell out of room.) THE MOTION CARRIED Extending Utilities to Lindenmeier Subdivision Referred to Administration Following is the City Manager's memorandum and recommendation on this item: "On Wednesday, June 29th, we were informed of a problem or possible problem in connection with the development of Mr. William F. Vigor's property. Mr. Vigor is the developer of the Lindenmeier Subdivision. This subdivision consists of 17 lots which are directly south of Lindenwood Estates and Lindenmeier Lake. Mr. Vigor was proceeding on the basis of receiving his water from East Larimer County Water District, the sewer from Cherry Hills Sanitation District, and the electricity from Public Service Company. The plat prepared by James H. Stewart supports this procedure. All the approvals have been made through Larimer County in the various subdivisions and agencies in the County. Mr. Vessey, the manager of the Cherry Hills Sanitation District sign the sewer extension on June 29th. Unfortunately, this sewer service is on the part of the line that was acquired by the City on February 28, 1975. Mr. Vigor, therefore, apparently comes under the jurisdiction of the City's utility extension regulations. Mr. Vigor would like to have all these services provided by the agencies that he has been negotiating with; however, in accordance with Ordinance No. 96, 1972, Mr. Vigor, for the privilege of receiving one utility service from the City must agree to take all utility services from the City if and when they are available and must also agree to annex to the City when annexation is possible. (In all probability, this property will be eligible for annexation in the latter part of this year or the first part of next year.) The only group that can make exception to our utility extension policy is the City Council. 374 Because of the pressing problem and dilemma of Mr. Vigor, we are canvassing the Water Board to obtain their approval of the extending of our utility services. It would seem.to me that Mr. Vigor ought to have permission to connect onto our water and our sewer facilities at the present time subject to all of the rules and regulations of the City. When the property is annexed, he should make provisions to connect onto the City's electric utility and also annex to the City. Mr. Roy Bingman, Director of Engineering Services, who is conversant with this subject will give a more detailed report on this matter at the July 5th meeting. Recommendation: The Administration recommends that the City grant sewer and water to Mr. Vigor's Lindenmeier Subdivision in accordance with the agreements of Ordinance No. 96, 1972." City Attorney March gave an oral report and Mr. Vigor then spoke to his request, and the financial hardship connected with having to receive City approval at this late date. City Attorney March then reported he felt it would be feasible to structure an agreement which would require water service from the City and require electric service from the City when ' the property annexes to the City and require annexation to the City at a predetermined advance date; then the subdivision approval could be made in the County and when it came into the City it would be an approved subdivision. Mr. Vigor indicated he would not object to annnexation when eligible. Director of Water and Sewer Utilities Roger Krempel reported six members of the Water Board had been polled and had concurred with the recommendation of the administration. Councilman Suinn made a motion, seconded by Councilwoman Gray to direct the administration to pursue providing sanitary sewer service to this property, under an agreement requiring annexation when eligible and requiring conversion to the City electric utility and the provision for that as required by the extension ordinance. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell out of room.) THE MOTION CARRIED 375 1 Transfer of Land in Downtown Redevelopment Program Withdrawn From Agenda Mayor Bloom stated this item has been withdrawn from the agenda by request. Funding for Community Education Program Approved Following is the City Manager's memorandum and recommendation on this item: "'Ihe City Council has received extensive material on the Community Education Program. This Program is a joint effort of the City of Fort Collins, Poudre School District R-1, and Larimer County. The Community Education Board has been receiving additional funds through various federal grants. Cynthia Shelton, Director of the Community Education Center, appeared before the Council on June 28, 1977. She talked about community education in general, the 1978 proposed budget, and the problem of funding their minimum programs for the remainder of 1977. If federal funds are not forth- coming, they will have drastic cutbacks in their present programs and only a minimum amount of programming. To maintain a minimum program for the remaining part of 1977 (August 1 through December 31, 1977) will require $9,986. It would be unfortunate to discontinue this program which has gotten off to such a good start. Apparently Poudre R-1 is in no position to fund any portion of this additional needed revenue. Community Education has made a similar request for funding to the County. To date no decision has been made regarding this request. Subject to Council approval, the City has the ability through Revenue Sharing to provide this extra revenue for the remainder of 1977. Of equal importance is the future of the entire Community Education Program. It has been proven that the Community Education Center and Program are an extremely valuable addition and amenity to the community. The main question is who should fund these facilities. It is our suggestion that the Community Education Board, especially the three representatives from the City of Fort Collins, and the Larimer Human Resources Board both address this major problem and come up with some recommendations by the end of August. At the present time there are ample surplus funds in our Revenue Sharing Fund. When we initially established the 1977 budget in the summer of 1976, we anticipated receiving $700,000 in Revenue Sharing Funds for 1977; it is now estimated we will receive 0,000. Also, with initial 376 revenue and expenditures, a surplus of $113,428 was put in under expenditures for appropriation for flexibility purposes. If we only expend actual budgeted expenditures excluding the reserve and if the revenue comes in as rojected, we will have an ending fund balance of 473,378. Recommendation: The Administration recommends that the City Council approve an additional allocation to the Community Education Board for $9,986 for the period of August 1 through December 31, 1977. This money should be transferred providing the Community Education Board does not receive additional federal funding in the meantime. Also, the Administration recommends that the Community Education Board and the Larimer Human Resources Board study the entire issue of community education; namely, who should pay the costs of this type of program on a sustaining basis." Councilwoman Gray made a motion, seconded by Councilman Bowling to adopt the recommendation of the administration. Yeas: Councilmembers Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: Councilman Bloom. (Councilman Russell out of room.) THE MOTION CARRIED Other Business I Mayor Bloom stated Council would act on appointments to the Housing Authority. Councilman Bowling made a motion, seconded by Councilman St. Croix to appoint Raymond S. Hale, Kenneth Franzen and Charles F. Muenzberg to the Housing Authority. Yeas: Councilmembers Bloom, Bowling, St. Croix and Suinn. Nays Councilmembers Gray and Wilkinson. THE MOTION CARRIED This item will be back on the Council agenda in the form of a resolution on July 19, 1977. Resolution Adopted Re -Appointing John J. Tobin as Municipal Judge City Clerk Verna Lewis read the resolution by title. 377 1 7' Councilman Wilkinson made a motion, seconded by Councilman St. Croix to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell out of room.) THE MOTION CARRIED RESOLUTION 77-46 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING JOHN J. TOBIN AS MUNICIPAL JUDGE WHEREAS, Article XIV of the Charter of the City of Fort Collins requires that the City Council appoint a Municipal Judge for a two-year term; and WHEREAS, effective July 1, 1975, Judge Tobin assumed the position of Municipal Judge on a full-time basis; and WHEREAS, the City Council desires to re -appoint him as Municipal Judge for a two-year term. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that John J. Tobin be, and he hereby is, appointed as Municipal Judge of the City of Fort Collins for a two-year term beginning July 1, 1977. Passed and adopted at a regular meeting of the City Council held this 5th day of July, A.D. 1977. ATTEST: �l C/L—) City Clerk 378 Agreement with Falcon Air, Ltd. to Conduct an Air Show Approved City Attorney March stated an agreement for the air show had been approved on March 15, 1977; the sponsors are different at this time. Following is the City Manager's memorandum of March 15: "The Airport Board recently recieved a request from the American Office Equipment Company to hold an air show at our Fort Collins -Loveland Airport July 6-10, 1977. It is anticipated that the Navy's precision jet team, the Blue Angels, will be featured. All proceeds will be donated to the American Cancer Society and the Big Thompson Flood Relief, two very worthy causes. We understand that this program is also being sponsored by both the Fort Collins and Loveland Junior Chambers of Commerce." Councilwoman Gray made a motion, seconded by Councilman St. Croix to authorize an agreement for the air show with Falcon Air, Ltd. along the lines of the previous agreement and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell out of room.) THE MOTION CARRIED Executive Sessions Scheduled for Selection of City Manager Mayor Bloom requested July 11, 12, 13, 14, and 15th be set as the dates to review the City Manager applications. Councilman St. Croix Gray to set July 11, sessions at 7:00 p.m. City Manager. Yeas: St. Croix, Suinn and Russell out of room.) THE MOTION CARRIED made a motion, seconded by Councilwoman 12, 13, 14, and 15th for executive for the purpose of selection of. a Councilmembers Bloom, Bowling, Gray, Wilkinson. Nays: None. .(Councilman 379 1 Edited Version of Goals and Objectives Distributed Acting City Manager Lanspery distributed the edited comments on the Goals and Objectives. Mayor Bloom requested this item be scheduled for a work session in August. Adjournment Mayor Bloom declared the meeting adjourned at 12:20 a.m. ' ATTEST: Ci y C er 1 380