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HomeMy WebLinkAboutMINUTES-10/07/1975-RegularOctober 7, 1975 COUNCIL OF CITY OF FORT COLLINS, COLORADO 'Council -Manager Form of Government Regular Meeting - 5:30 P.M. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, October 7, 1975, at 5:30 P.M. in the Council Chambers in the City of Fort Collins City Hall. Mayor Russell called the meeting to order noting the following Council members present: Bowling, Reeves, Russell, Suinn, and Wilkinson. Absent: Council members Bloom, Gray (Councilwoman Gray attended the latter portion of the meeting.) Staff members present: Brunton, DiTullio, Bingman, Kaplan, Cain and Lewis. Also: City Attorney Arthur March, Jr. Minutes of the Regular Meeting of September 16, 1975, and the Special Meeting of September 23 1975 Approved Councilman Suinn made a motion, seconded by Councilwoman Reeves to approve the minutes of the regular meeting of September 16, 1975, and the Special meeting of September 23, 1975 as published. Yeas: Council members Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. Ordinance Adopted on Second Reading Annexing the Willox Heights Annexation Councilman Bowling made a motion, seconded by Councilman Suinn to adopt Ordinance No. 61, 1975, on second reading. Yeas: Council members Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 61 1975 BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE ` WILLOX HEIGHTS ANNEXATION TO THE CITY OF FORT COLLINS WHEREAS, heretofore, a written petition, together with four prints of an annexation map was filed with the City Clerk of the City of Fort Collins requesting the annexation 246 247 of certain territory more particularly described below to the City, and ' WHEREAS, the City Council has found and determined and does hereby find and determine that said petition is in substantial compliance with the provisions of Colorado Revised Statutes, 1973, Section 31-8-107 as amended, and WHEREAS, the owners of 100% of the property to be annexed have petitioned for said annexation, and �r WHEREAS; not less.than one -sixth (1/6th) of the perim- eter of the area to be annexed is contiguous with the City .of Fort Collins and a community of interest exists between the territory to be annexed and the City of Fort Collins and the territory to be annexed is urban or will be urbanized in the near future and such territory is integrated or is capable of being integrated with the City of Fort Collins, and ` WHEREAS, none of the provisions of Colorado Revised Statutes, 1973, Section 31-8-105, as amended, are violated by the annexation of this territory to the City, and WHEREAS, no election is required under the provisions of Colorado Revised Statutes, 1973, Section 31-8-107(2), as amended, and no .additional terms and conditions are to be imposed in connection with this annexation, and WHEREAS, the territory is eligible for annexation and the City Council desires to annex the same to the City of Fort Collins. 247 248, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF'THE CITY OF FORT COLLINS: Section 1. That all of the territory more particularly described as situate in the County of Larimer.,'State.of ' Colorado,. to -wit: A tract of land situate in the .East 1/2 of the Southeast 1/4 of the Southwest 1/4 of .Section 36, Township 8 North, Range 69 West of the Sixth P.M., Larimer County, Colorado, which considering the South. line of the Southwest 1/4 as bearing N 89*50' E and with all -bearings contained herein relative thereto, is contained within the boundary lines which begin at the South 1/4 corner of said Section 36, and run thence N 00021' W 1167.74 feet along the East line of the said Southwest 1/4; thence S 89*35' W 375.00 feet; thence N 00*21' W 155.64 feet; thence S 89035' W 283.58 feet to the West line of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of said Section 36; thence along said West line, S 00016' E 1320.50 feet to the South line of the said Southwest 1/4; thence along the said South line N 89050' E 660.50 feet to the point- of beginning, containing 18.6755 acres, more or less be and it hereby is annexed to the City of Fort.Collins'and ' made a part of said City to be known as the Willox Heights Annexation to the City of Fort- Collins. Section 2. That in annexing said territory to the City of Fort Collins, the City does not assume any obligation respecting the construction of water mains, sewer lines. aas mains, electric service lines, streets or any other services or utilities in connection with the territory hereby annexed except as may be provided by the ordinances of the City of Fort Collins. 24 9,: Introduced, considered favorably on first reading, and - ' ordered published this 16th day of September, A.D. 1975, and to be presented for final passage on the 7th day of October A.D. 1975. i ATTEST: . "Yo yr M w �LW Passed and adopted on final reading this 7th day of October A.D. 1975.. ATTEST: yor ' Ci y Clerk First Reading: September 16, 1975 CVote: Yeas: 7, Nays: 0) Second Reading: October 7, 1975 CVote; Yeas: 5, Nays: 0) bates Published: September 21, 1975 and October 12, 1975 Attest: (w(.ua City Clerk Ordinance Adopted on Second reading, Zoning the Wil lox Heights Annexation Councilman Suinn made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 62, 1975, on second reading. Yeas: Council members Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. 250 CM ORDINANCE NO. 62, 1975 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 WILLOX HEIGHTS -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 the property known as the Willox Heights Annexation to the City of Fort Collins, Colorado, in the C, Commercial and H-B, Highway Business zoning Districts as follows:.. That portion of said annexation lying South and East of the Larimer and Weld Canal in the H-B, Highway Business. zoning district. All of the balance of said annexation in the C, Comimercial 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 16th.day of September, A.D. 1975, and to be presented for final passage on the 7th day of October,. A.D. 1975. L� C ' ATTEST: ayor City Clerk 250 I 1 1 251 Passed and adopted on October, A.D. 1975. final reading this 7th day of ATTEST: ayor Ci C erk . First Reading: September 16, f975 (Vote: Yeas: 6, Nays: 1) Second Reading: October 7, 1975 (Vote: Yeas: "5, Nays: 0) Dates Published: September 21, 1975 and October 12, 1975 `w Attest: :r City Clerk Ordinance Adopted on Second Reading, Creating an Account Within the Trust Fund to be Known as the Community Development Block Grant Account Councilwoman Reeves made a motion, seconded by Councilman Suinn to adopt Ordinance No. 63, 1975 on second reading. Yeas: Councilmembers Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 63, 1975 BEING AN ORDINANCE CREATING AN ACCOUNT WITHIN THE TRUST FUND TO BE KNOWN AS THE COMMUNITY DEVELOPMENT BLOCK GRANT ACCOUNT, AUTHORIZING THE DEPOSIT OF CERTAIN FUNDS TO BE RECEIVED BY THE CITY IN SUCH ACCOUNT, AND APPROPRIATING FUNDS FROM SUCH ACCOUNT FOR EXPENDITURE DURING THE YEAR 1975 WHEREAS, the City of Fort Collins has applied for a Community Development Block Grant from the Department of Housing and Urban Development; and WHEREAS, it appears that such grant will be made to the City; and WHEREAS, such grant was not anticipated at the time the 1975 budget was prepared,.but Section 15 of Article V of the Charter of the City of Fort Collins permits the Council to authorize the expenditure of such grant. 91 251 i 0 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That any amounts received under the Community Development Block Grant from the Department of Housing and Urban Development shall be placed in a special account within the Trust Fund known as the Community Development Block Grant Account.. Section 2. There shall be added to such account such amount as the City Council may from time to time determine, and in addition, all additional grants received from the Depart- ment of Housing and Urban Development and/or the Colorado State Division of Housing for the purposes identified in the Community Development Block Grant application shall be placed in such account. Section 3. The sum of $200,000.0o,being the amount to be received from the Department of housing and Urban Development under the grant, is hereby appropriated for expenditure during the year 1975 for the purposes for which such grant was made contingent only upon the receipt of such amount by the City of Fort Collins. Introduced, considered favorably on first reading, and ordered __published_this_ 16th day of September, A.D. 1975, and to be presented for final passage on the 7th day of October , A.D. 1975. ATTEST:' 1 yor ty C er Passed and adopted on final reading this 7th, day of OctohPr A.D. 1975. ATTEST: �� � e_ yor yCer da- 252, I 1 1 First Reading: September 16, 1975 (Vote: Yeas: 7, Nays: 0) Second Reading: October 7, 1975 CVote: Yeas: 5, Nays: 0) Dates Published: September 21, 1975 and October 12, 1975 Attest: L City Lierk I 1 Ordinance Adopted on Second Reading, Repealing Section 11-3 of the Code of the City of Fort Collins Councilwoman Reeves made a motion, seconded by Councilman Bowling to adopt Ordinance No. 65, 1975 on second reading. Yeas: Councilmembers Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE N0. 65 1975 BEING AN. ORDINANCE REPEALING SECTION 11-3 OF THE CODE OF THE CITY OF FORT COLLINS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 11-3 of the Code of the City of Fort Collins be, and the same hereby is, repealed. - Introduced, considered favorably on first reading and ordered,published this 16th day of Se em �r A.D. 1975, and to be presented forinal passage on t e 7th day of October A.D. 1975. ATTEST: C ty er Passed and adopted on final reading this 7th day of October A.D. 1975. 253 253� t ATTEST: , ty er First Reading: September 16, 1975 (vote: Yeas: 7, Nays: 0). Second Reading: October 7; 1975 (Vote: Yeas: 5, Nays: 0) Dates Published: September 21, 1975 and October 12, 1975 Attest: 7 City Cler Ordinance Adopted�on Second Reading Repealing Section 2-20 of the Code of the City of Fort Collins Councilwoman Reeves made a motion, seconded by Councilman Suinn to adopt Ordinance No. 66, 1975 on second reading. Yeas: Councilmembers Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. V ORDINANCE NO. -66 1975 BEING AN•ORDINANCE REFF T, NG SECTION 2-20 OF THE CODE OF THE CITY OF FORT COLLINS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 2-20 of the Code.of the City of Fort Collins be„ and -the same'hereby is, repealed. Introduced, considered favorably on first reading and' ordered published this 16th day of Se tember "A.D. 1975, and to be presented for —final passage on the 7th aq of October A.D. 1975. i 254 y 1 255- Passed and adopted on final reading this 7th day of October A.D. 1975. 10 ATTEST: City Clerk First Reading: September 16, 1975 (Vote: Yeas: 7, Nays: 0) Second Reading: October 7, 1975 (Vote: Yeas: 5, Nays: 0) 7 Dates Published: September 21, 1975 and October 12, 1975 Attest: City Clerk Ordinance Adopted on Second Reading Establishing the Mill Levy t Councilman Wilkinson made a motion, seconded by Councilman Suinn to adopt Ordinance No. 67, 1975 on second reading. Yeas: Councilmembers Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. ,9, 1975 BEING AN ORDINANCE ESTABL I ING THE MILL LEVY FOR THE CITY OF FORT COLLINS FOR THE YEAR 1976 AND DIRECTING THE CITY CLERK TO CERTIFY SAID LEVY TO THE BOARD OF COUNTY COMMISSIONERS WHEREAS, Section 39-5-128, C.R.S. 1973, requires munici- palities to establish the mill levy for the municipality for the coming year and certify the same to the Board of County Commissioners of the county no later than the 16th day of October of each year; and WHEREAS, the mill levy for the City of Fort Collins for the past year has been ten (10) mills; and WHEREAS, the Charter of the City of Fort Collins (Section 7, Article V) provides that the mill levy for the.City cannot exceed fifteen (15) mills; and WHEREAS, the City Council has duly considered this matter and has determined that the mill levy for the City of Fort Collins for the year 1976 should be ten (10) mills.. 255 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the mill levy for the City of Fort Collins for the year 1976 be, and the same hereby is,established at ten (10) mills on each dollar of assessed valuation of taxable .property within the City of Fort Collins. Section 2. The City Clerk is hereby directed to certify this mill levy to the Board of County Commissioners of Larimer County no later than October 16, 1975. Introduced, considered favorably on first reading, and ordered published this 23rd day of September, A.D. 1975, and to be presented for final passage on the 7th day of October, A.D. 1975. : ATTTEE .S/T oCo 410W'' y°r city er c Passed and adopted on final reading this 7th day of October, A.D. 1975. ATTEST• Mayor ty Clerk First Reading: September 16, 1975 (Vote: Yeas: 7, Nays: 0) Second Reading: October 7, 1975 (Vote: Yeas: 5, Nays: 0) Dates Published: September 28, 1975 and October 12, 1975 Attest: City Clerk Ordinance Adopted on First Reading Vacating a Portion of an Alley Located in Block 22 in the City of Fort Collins At its September 16, 1975, Council meeting, the Fort Collins City Council author- ized the City Attorney to prepare a vacation ordinance for a building encroach- ment in the alley to the north of the old Ted Carpenter building located at 132, 134 and 136 LaPorte Avenue. This building was built in the late 1800's and has encroached on the alley since that time. We also will be granting several building encroachment easements in the area for some docking facilities. At the same, time, we prepared an agreement that would return the alley to the City if and when the. building was demolished and a new building constructed. 256 1. 257 Councilman Suinn made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 68, 1975 and authorize the execution of the agreement. Yeas: Councilmembers Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. Ordinance Adopted on First Reading Amending Section 99-5 of the Code of the City of Fort Collins At its September 16, 1975 meeting, the Fort Collins City Council received a recommendation from the Planning and Zoning Board to eliminate the provision exempting federal highways from'the standard right-of-way dedication require- ments. The City Council authorized the City Attorney to prepare an amendment to the subdivision ordinance to eliminate this provision from the Code. Councilwoman Reeves made a motion, seconded by Councilman Bowling to adopt Ordinance No. 69, 1975 on first reading. Yeas: Councilmembers Bowling, n Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. (Note: Council- woman Gray appeared at the Council meeting just prior to roll being called on the motion.) Ordinance Adopted on First Reading Vacating Easements in Drake Park Subdivision Because of errors in the original plat, the developer recently submitted a revised plat for the Drake Park Subdivision. This revised plat was accepted by the Council and has been filed with the County. It is necessary to vacate the public dedications on the original plat in order to conform to the revised plat. ' Councilman Wilkinson made a motion, seconded by Counnilman Reeves to adopt Ordinance No. 70, 1975 on first reading. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Resolution Adopted Approving an Agreement with the Colorado and Southern Railway Company This resolution will authorize a right-of-way agreement with the Colorado and Southern Railway Company for an underground power line needed by the Electric Utility Department. The location of this crossing is at the entrance to Sewer Plant No. 2. Councilwoman. Gray made a motion, seconded by Councilman Suinn to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. RESOLUTION 75-55 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH THE COLORADO AND SOUTHERN RAILWAY COMPANY 257 58 WHEREAS, the City of Fort Collins has requested from the Colorado and Southern Railway Company a license for the installation of an underground power line crossing under the right of way of said railway company at Mile Post 78.64 on the Greeley Branch of the railway company near Schumacher, Colorado; and WHEREAS, the Colorado and Southern Railway Company has agreed to grant a license for such crossing to the City; and WHEREAS, a contract setting forth such license has been prepared and presented to the City, which contract has been approved by the City Attorney and the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said contract be, and the same hereby are, accepted and approved; and BE IT FURTHER RESOLVED that the City Manager and City Clerk be, and they hereby are, authorized and directed to. execute said agreement for and on behalf of the City of Fort Collins.. Passed and adopted at a regular meeting of the City ' Council held this 7th day of October, A.D. 1975. ATTEST: Mayor City Clerk Citizen Participation 1. Ms. Carol Tunner, Chairman of the 1974-1976 Business for Beauty Program of the Fort Collins Junior Women's Club stated the purpose of the contest, a summary of the contest, and listed the following judges of the contest: 1. Clara Donahoe, Executive Director of the United Way 2. Richard Suinn, Councilman 3. Charles Drage, Columnist for the Coloradoan 4. William Robb, Architect A slide presentation of the entries was held. The winner was Don Davidson of the Davidson Professional Office. 258 259 B. Mayor Russell acknowledged the following Proclamations: 1. The week of October 5 to October 1t, 1975, to be "Fort Collins Fire Prevention Week." 2. The month of October as 'Toastmistress Month." 3. .The month of October to .be "National Restaurant Month." 4. The week of October 5 to October 11 to be "National Beauty Salon Week." C. Mr. Andy Anderson, 1421 Skyline Drive, inquired into funding of Dr for the 1976 budget. Mr. Anderson also read from the Charter provisions regarding appointive boards. City Manager Brunton stated that Budget Hearings were scheduled for next week and budget questions would be y answered at that time. D. Mr. David Lipp, 623 South Grant, appeared before Council regarding the closing of a store here. .City Attorney March stated this action had been taken by the District Court. Mr.Lipp requested that Council go on record as condoning or condemning this action. Ordinance Adopted on First Reading Assessing the Cost ' of Repair and Reconstruction of Certain Sidewalks in the City City Engineer, Donald Parsons, presented a report regarding the sidewalk repair district from LaPorte Avenue to Laurel. The property owners have been notified of the hearing date. There have been no written protests filed with the City Clerk on this assessment. No persons appeared regarding this item. Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt Ordinance No. 71, 1975 on first reading. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Removal of Parking on South College Avenue from Laurel to Prospect, approved Director of Engineering Services, Roy A. Bingman, spoke to the following recommendation on this item. Recommendation. With respect to the College Avenue parking situation we recommend the following: 1. That the parking be removed from Laurel to Prospect as soon as the metered parking can be implemented. 259 W 260 I 2. That metered parking be implemented on the following side streets: A. Laurel —parallel parking - already metered. B. Plum - diagonal parking - except several spots on north side adjacent College - install meters on north side from College to Remington; meter south side from College to alley. C. Locust - change from parallel to diagonal on north side; install meters on both sides from College to alley. D. Elizabeth - parallel parking - meter both sides from College to Remington. E. Garfield - diagonal parking - meter both sides from College to alley. F. Edwards - change parallel to diagonal parking -.meter from College to alley. The above steps will provide 79 metered parking spaces on the side streets where there had been 36 spaces on College. Parking on Pitkin and Lake would remain as it is. The College Avenue. parking removed would amount to 31 spaces from Edwards to Prospect (which is generally little used now). 3: That the fine for overtime parking be raised from the present $1 to $3. 4. That the question of the removal of parking from Laurel north to Magnolia be considered not later than 12 months from now. Ms. Ellen Holzman, Locust and College spoke in opposition to this proposed action. Mr. Bruce McMahon of the Town House Restaurant requested this item be delayed as long as possible. For the record, a letter.from Mr. Peter J. Landenpera of the Alpine Haus' was acknowledged opposing this action. Councilman Wilkinson made a motion, seconded by Councilwoman Gray to direct the administration to take steps 1, 2, and 4 to be implemented by January 1 and refer item 3 to the City Attorney. Yeas: Councilmembers Bowling, Gray, Reeves, Russell and Wilkinson. Nays: Councilman Suinn. Application for House Number Painting Permit approved Council authorization is required to permit the painting of house numbers on curbs. The permit received is from the Navigators; the area of the city requested is the city limits west of College Avenue, with the proceeds to help support the Navigator representative at CSU. Mr. Loren Maxey, past President of the Knights of the Round Table Services Club, ' informed the Council that this club had been doing the house numbering for several years with the proceeds being used to benefit the Gateway Rehabilitation Center. There is no permit now issued. Councilmembers discussed the possibility of the two groups working together, either as a joint effort or as separate agencies, and the desire to set a time limit on the permit. 260 1 1 1 261. City Manager, Robert L. Brunton, suggested that the Community Development Director could assist the Navigators in selecting a reasonable area that could be covered in the suggested time limit between now and November 17. Councilman Suinn made a motion to table this item --this motion died for lack of a second. Councilman Wilkinson made a motion, seconded by Couniclwoman Gray to grant the permit to the Navigators to November 17 the area to be worked out with the Community Development Director. Yeas: Councilmembers Bowling, Gray, and Wilkinson. Nays: Councilmembers Reeves and Suinn. (Russell out of room.) y+ Various Easements and Dedication Deeds Accepted M (a) y and t to construct cight of rian ride to athe nValley aCanal cditch ross over Pleasant and Lake ontthe BrowngFarm. This is for the purchase of a right of way and easement for a bicycle - pedestrian bridge over the irrigation ditch. There is no consideration for this right of way and easement. (b) Pipeline construction right of way from Larimer County Canal No. 2, South College Avenue and Vicker's Gasoline Station. This is for the purchase of a right of way to construct a water pipe- line through the Larimer County Canal No. 2 ditch and right of way. The cost of this right of way is $100.00. (c) Installation and maintenance of a buried drainage pipeline from Martin Goble for Street Improvement District No. 69 on East Prospect Street and Riverside. This is for an easement for the installation and maintenance of a buried drainage pipeline in and upon the landsofMr. Goble. The cost of this easement is $1.00.. (d) Installation and maintenance of a buried sewer pipeline from Lyle Carpen- ter and Mariann McAleer on East Vine Drive. This is for the purchase of an easement for the installation and mainten- ance of a buried sewer pipeline in and upon the above named property. The cost of this easement is $710.00. (e) Dedication of street from Poudre School District No. R-1 for Cherry Street and a 10 foot wide utility easement south of and adjacent to said street. There is no consideration for this dedication. Councilwoman Reeves inquired into the cost of item (4) above. Roy A. Bingman, Director of Engineering Services stated this easement was in connection with 261 ` 62 the Andersonville sewer; the owners had wanted to trace one sewer connection, which cost is $$710.00, the negotiation was to pay them the fee rather than trading taps. -4Counclwoman Gray made a motion, seconded by Councilman Wilkinson to accept the various easements and dedication deeds. Yeas: Councilmembers Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. (Russell out of room.) Note: This item was considered prior to the break and voted on as it appears onthe agenda. Ordinance Adopted on First Reading Rezoning , the Hoffman Property Planner I, Paul Deible, stated this is a proposal to rezone approximately one-half acre located at the rear of the Skyline Mobile Home Park at 2211 West Mulberry from R-M-P Density Planned Residential to M-L Low Density Mobile Home. The rezoning is being requested because an accessory use must be zoned the same as the principal use to which it pertains. The tpetltioner desires to establish a parking garage and an area for the storage of campers; he has submitted a schematic layout for a fence that would screen the site. Mr. Hoffman, petitioner spoke to his plans for the area. It was the understanding of the Council that Mr. Hoffman would fence and screen the property. Councilman Bowling made a motion, seconded by Councilman Suinn to adopt Ordinance No. 72, 1975 on first reading. Yeas: Councilmembers Bowling, Gray, Reeves, ' Russell, Suinn and Wilkinson. Nays: None. Ordinance Adopted on First Reading Vacating Easements in Evergreen Park Subdivision In order to accommodate our substation needs and the Bureau of Reclamation's substation'.needs, the developer of Evergreen Park filed a revised plat of this subdivision which was accepted by the City Council and recorded with the County Clerk. It is necessary to vacate the easements on the original plat, in order to conform to the revised plat. Councilman Bowling made a motion, seconded by Councilman Suinn to adopt Ordinance No. 73, 1975 on first reading. Yeas: Councilmembers Bowling, Reeves, Russell, and Suinn. Nays: None. (Councilmembers Gray and Wilkinson out of room.) Mayor Russell announced that Council agenda item No. 21 has been deleted from the agenda. Resolution Adopted Permitting Payment of Plant Investment Fees Over 120 Monthly Installments Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt the resolution. Yeas: Councilmembers Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. (Councilwoman Gray out of room.) 262 263� 1 1 RESOLUTION 75-11 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING PAYMENT OF PLANT INVESTMENT FEES FOR WATER OR SANITARY SEWER SERVICE IN INSTALLMENTS WHEREAS, pursuant to Sections 112-64 and 112-115 of the Code of the City of Fort Collins, plant investment fees and tap charges are made in connection with connection to the City water and sanitary sewer utility; and WHEREAS, in some cases the imposition of such fees and charges results in a hardship to the property owner desiring water and sanitary sewer service; and WHEREAS, the Council desires to provide for the payment of such fees and charges in installments in order to relieve such hardship. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the plant investment fees and tap charges provided for in Sections 112-64 and 112-115 of the Code of the City of Fort Collins may be paid in not more than one hundred twenty (120) monthly installments if an application for such relief is made to the City demonstrating that the payment of such fees in a lump sum would represent a hardship to the applicant. In any case where such fees and charges are made in installments, the applicant shall execute and deliver to the City an agreement providing for the payment.of the fees in installments and creating a lien on the property to be served by the tap. Passed and adopted at a regular meeting of the City Council held this 7th day of October A.D. 1975. ATTEST: ty Clerk 263 264 Removal of Parking on East Drake Road Between College and Stover Approved This item had appeared on the agenda as two items, 1) removing the parking. on East Drake Road between College and Stover and, 2) restricting bicycles on College Avenue south of Laurel to Shallow. Traffic Engineer, Joe Rice, had recommended both actions; the Traffic Engineer has the authority .to remove parking and to restrict bicycles. from, designated streets. Ms'. Dawn Heflin, 1417 Meeker Drive, inquired if bicycles would be allowed in the area. City Attorney March clarified that if the street is posted against bicycles; then a bicycle that needsto be on College Avenue would be allowed to be on the sidewalk or the alley., Mr. Sanford Thayer, 1827 Michael Lane, contended that there are no side- . walks to Montgomery Wards that give an option to being on College Avenue. Councilwoman Reeves made a motion, seconded by Councilwoman Gray that,.. parking be removed on East Drake between College and Stover. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson Nays: None. Councilwoman Reeves made a motion, seconded by Councilman Wilkinson to refer restricting bicycles on College Avenue south of Laurel to Swallow to the traffic committee with a report :at the October 21, 1975 meeting. Yeas: Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays:, None. Recommendations on Auditorium Approved. The following is the City Manager's memorandum on this subject:.. *Enclosed is a memorandum from the Steering Committee of Designing Tomorrow Today with regard to the Auditorium -Art Complex. At its September 2, 1975, meeting the City Council by. a 5 to 2 vote recommended that the City consider the auditorium as the next priority item. There was some concern about the total estimated cost. The suggestion was also made that the City Hall and Auditorium be combined in one building. The Council received a memorandum with the pros and cons of combining the City Hall and Auditorium; and although we would like to have additional City administrative facilities, I . personally do not feel that it would be advantageous to combine these two facilities in one building. We have had considerable discussion with regard to the total estimated costs. The architects have informed us that we could get the basic facility as out- lined for $2,000,000 with an estimated $454,000 of additional work in Phase II to be completed at some later date. It is virtually impossible to .get detailed cost figures without getting more specific design studies by the architects:-.cThis matter was discussed at.our September. 23, 1975, work session. 264 []I 265 Designing Tommorrow Today has made three recommendations; namely: (1) that Stearns -Roger Architects, Ltd. be authorized to proceed into the design develop- ment stage on the Auditorium -Art Complex, (2) that the old Lincoln Junior High School classroom building be removed as soon as possible, (3) that the newer section of Lincoln Junior High School be winterized, secured, and maintained in its present inoperable condition to await the construction phase of this project. We concur in all three of these recommendations. The original contract that was negotiated with Stearns -Roger was on the basis' primarily of remodeling the, old auditorium. Therefore, their fees for this building were higher than for new construction. We feel that before we ask Stearns -Roger to continue with any of the work, we ought to have some minor amendments to the present architectural contract. -• Recommendations: The Administration recommends the following: (1) that the ,. �istration be authorized to negotiate amendments to the present contract J with Stearns -Roger Architects, Ltd., (2) that Stearns -Roger be authorized to proceed into the design development stage on the basis of 35 percent of the total fees on a $2,000,000 structure, (3) that the Administration be authorized =�+ to proceed with the demolition of the old Lincoln Junior High School classroom building, (4) that the Administration be authorized to provide the winterizing and securing of the new sections of Lincoln Junior High School. * Memorandum not included in minutes but made part of the file. Andy Anderson, acting Secretary of the Concerned Citizens for Choice City Govern- ment, spoke in opposition to the DT recommendations. ' Councilman Wilkinson pursued at length the cost of the total facility, stating he could not approve a figure over two million dollars. City Manager Brunton stated that if Council followed Stearns-koger's report it would mean funding two million dollars for phase I. The Executive Director of DT2, Nona Thayer, stated it had been their understanding that Phase I would be a completed facility --that Phase I would take care of the heating and bring the building up to code. Councilman Suinn stated he shared the concern that everyone understood that there is a two million dollar ceiling and that everyone know what would be included in that price. Councilwoman Reeves stated she did think there was justification for raising to the two million dollars because the art center had been added, and that she favored proceedingwith the design work. Mayor Russell also.stated that he would be hesitant to approve any funding over two million dollars for the auditorium. Councilwoman Gray stated that she would hope that the design and development stage will take care of phase I and phase II and she also endorsed proceeding with the design and development stage. Councilman Bowling spoke in favor of the DT2 recommendations on the auditorium as presented in their report. 26S z -266 Councilman Bowling made a motion, seconded by Councilman Suinn to accept the recommendation of the administration with the understanding that it would be for the design of a viable building to be designed to a maximum of two million dollars. Mr. Anderson, at this point, stated that if Council proceeded with this item, "We'll take it to court." The Chairman put the motion with the following vote: Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Report on Library Project Received City Manager Brunton's memorandum on this item follows: In the past, the Fort Collins City Council approved Everett $ Zeigel as the architects for the Library. Later, Reid Burton Construction Co. was retained as the construction manager or negotiated general contractor on this project. At the same time, Mike Keefe of our staff was assigned the job as liaison 6r clerk of works for the projects. From our standpoint, we have had excellent results from all three parties. The conceptual design and function of the Library was the primary responsi- bility of the Library consultants, the Library Board and the Library staff. The architects prepared their schematical plans on the basis of the discussions and wishes of these groups. The final schematical plans were reviewed by the City Council at a work session. Enclosed is a copy of the total budget for the ' Library project. The construction phase was to be for $1,400,000. We were informed by the Council to stay within this budget. Under the negotiated general. contract and construction of manager concept, we were letting contracts for various major items before the totals plans and specifications were completed. Enclosed is a copy of a report from Mike Keefe on the status of the various contracts. We expect to have the entire project bid before the end of the year. The items that will not be bid before the end of the year are for such items as books, equipment, and furnishings, landscaping, etc. Council took no action on this item other than to establish that in each case the low bid was awarded. Other Business 1. Council acknowledged the resignation of Bonnie Titley and George Mock from the Planning and Zoning Board. Mayor Russell requested a.letter of apprecia- tion be sent to these members. 2.- Councilwoman Gray reminded Council members of the Distri.-t II Colorado Municipal League meeting October 24, in Loveland. 3. Councilwoman Reeves stated she had been contacted by someone from the Right to Read Program; the sponsors desire a proclamation for October 21. Also in regard to Care -A -Van there had been a request for an. exemption of the gasoline tax. City Manager Brunton stated he would investigate the request. .266 .4> No Text