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HomeMy WebLinkAboutMINUTES-10/21/1975-RegularOctober 21, 1975 COUNCIL OF CITY OF FORT COLLINS, COLORADO Council -Manager Form of Goverment Regular Meeting - 5:30 P.M. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, October 21, 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 Councilmembers present: Bowling, Bloom, Gray, Reeves, Russell, Suinn and Wilkinson. Staff members presents Brunton, Bingman, Cain; Case, DiTullio, Kaplan, Smith, Lewis Also: City Attorney Arthur March, Jr. Minutes of the Regular Meeting of October 7, 1975 Approved On motion by Councilman Suinn, seconded by Councilwoman Reeves the minutes of the regular meeting of October 7,_1975 were approved as published. Yeas: Councilmembers Bowling, Bloom, Gray, Reeves, Russell, Suinn and Wilkinson. . Nays: None. Continuation of Hearing on 1976 Budget Mayor Rilssell requested public input on the 1976 budget. Ms. Lee McDavid, Co -chairperson of N.O.W., spoke to the Affirmitive Action portion of the budget. Her specific concern was that -there be funds available to enforce the plan and that money was not appropriated for a full time Affirmative Action officer. City Manager Brunton stated that he believes that a half time officer can do a good job in implementing the program. A report on implementation will be given to the Council as it becomes available. Ordinance Adopted on Second Reading. Vacating a Portion - of an Alley Located in Block 22 in the City Councilwoman Reeves inquired if the agreement had been signed by the petitioners on the alley vacation request. City Attorney March stated that it was, and now becomes part of the record. t 268 1 1 269 Councilman Bowling made a motion, seconded by Councilman Bloom to adopt ' Ordinance No. 68, 1975 on second reading. (� ORDINANCE NO. 68, 1975 BEING AN ORDINANCE VACATING A PORTION OF AN ALLEY LOCATED IN BLOCK 22 IN THE CITY OF FORT COLLINS WHEREAS, the owners of property adjacent to the same have requested that a portion of an alley in Block 22, hereinafter described, be vacated; and WHEREAS, such portion of the alley has for many years been occupied by a part of a building constructed on Lots 44, 45 and the East 12.6 feet of Lot 43, in said Block 22; and WHEREAS; because of the building on the same this portion of the alley has not been open nor has the same been used as an alley; and WHEREAS, this portion of this alley is not needed for municipal purposes nor will the same be needed for municipal ' purposes in the future, and the rights of the citizens of the City of Fort Collins will in no way be prejudiced by the vacation i of the same. .NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the following described portion of the alley in Block 22 in the City, to -wit: Commence at the NE corner of Lot 45,'in said Block 22, thence North 5 feet, thence West 67.6 feet,. thence South 5 feet, thence East 67.6 feet to the point of beginning; be, and the same hereby is, abolished, vacated and abated. Section 2. By virtue of the above vacation, the title to the vacated portion of the alley shall vest in the owners of the property adjoining the same on�the South, which property is described as follows: Lots 44 and 45 and the East 12.6 feet of Lot 43, in said Block 22, City of Fort Collins, ' Colorado. 269 Introduced, considered favorably on first -reading, and ordered published this 7th day of October, A.D. 1975, and to be presented for final passage on the 21st day of October•, A.D. 1975. ATTEST tTayor ity Clerk Passed and adopted on final reading this 21st day of October, A.D. 1975. ATTEST: (21 ity Clerk First Reading: October 7, 1975 (Vote: Yeas,: 5, Nays: 0) Second Reading: October 21, 1975 (Vote: Yeas: 7, Nays: 0) Dates Published: October 12, 1975 and October 26, 1975 Attest: City Clerk Ordinance Adopted on Second Reading Amending Section 99-5 of the Code of the City of Fort Collins Councilwoman Gray made a motion, seconded by Councilman Suinn to adopt Ordinance No. 69, 1975 on second reading. Yeas: Councilmembers Bloom,_ Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 69 , 1975 BEING AN ORDINANCE AMENDING SECTION 99-5 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE SUBDIVISION OF LANDS 7 270 1 1 27 1 1 77 1 BE IT,ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 99-5B(10) of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting there- from the following: "The minimum right-of-way width above required shall not be required in the case of any highway in the city designated as a federal highway, provided that this exception shall not apply in the case of frontage roads for any such highway." Introduced, considered favorably on first reading, and ordered published this 7th day of October , A.D. 1975, and to be presented for -final passage on the 21st ay of October , A.D. 1975. ATTEST: ity C erk .Passed and adopted on final reading this 21st day of October A.D. 1975. - p ATTEST: mayor ty Clerk First Reading: October 7, 1975 (Vote: Yeas: 6, Nays: 0) Second Reading: October 21, 1975 (Vote: Yeas: 7, Nays: 0) Dates Published: October 12, 1975 and October 26, 1975 Attest: City Clerk 271 E cp 7 2, U Ordinance Adopted on Second Reading Vacating Easements at Drake Park'Subdivision Councilwoman Reeves made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 70, 1975 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. �Q 1975 BEING AN ORDINANCE VACATING CERTAIN STREETS AND OTHER EASEMENTS IN DRAKE PARK SUBDIVISION IN THE CITY OF FORT COLLINS COLORADO WHEREAS, heretofore there was approved by the City Council the plat of Drake Park Subdivision in the City of Fort Collins which was recorded in the office of the Larimer County Clerk and Recorder on January 30, 1974; and WHEREAS, thereafter the owner of said lands submitted to the City a replat of said subdivision known as Replat of Drake Park, which was accepted by the City Council and recorded with the Larimer County Clerk and Recorder on October 2, 1975; and WHEREAS, to the extent the same are relocated by the Replat of Drake Park, the streets and other public easements - in the original plat of Drake Park are not needed for municipal purposes nor will the same be needed for municipal purposes in the future since adequate streets and easements were dedicated to the City in the Replat of Drake Park Subdivision; and WHEREAS, it appears the rights of the citizens of the City of Fort Collins will in no way be prejudiced by the vacation of said streets and easements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That all streets and easements as shown on the original Plat of Drake Park Subdivision recorded January 30, 1974, with the Larimer County Clerk and Recorder be, and the same hereby are, abolished, vacated and abated. Section 2. It is the intent of the City Council in passing the within ordinance to vacate the streets and other public easements shown on the original plat of Drake Park because the same are replatted and rededicated in the Replat of Drake Park and nothing herein contained shall affect the streets and other public easements as shown in the Replat of Drake Park and the same shall continue in full force and effect. 272 J 273 Introduced, -considered favorably on first reading, and ordered published this 7th day of October, A. D. 1975, and to be presented for final passage, on the 21st day of October, A.D. 1975. ATTEST: Mayor 1ty Clerk Passed and adopted on final reading this 21st day of October, A.D. 1975. M vi ATTEST: ayor i`" 41y4ercks- First Reading: October 7, 1975 (Vote: Yeas: 6, Nays: 0) ' Second Reading: October 21, 1975 (Vote: Yeas: 7, Nays: 0), Dates Published: October 12, 1975 and October 26, 1975 Attest:, City Clerk Ordinance Adopted on Second Reading of Assessing the Cost of Repairs and Reconstruction of Certain Sidewalks in the City Mayor Russell inquired if there were any Protestants in attendance. No opposition was voiced and no -written protests were filed. Councilman Suinn made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 71, 1975, on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 71 , 1975 BEING AN ORDINANCE ASSESSING THE COST OF REPAIR AND RECONSTRUCTION OF CERTAIN SIDEWALKS IN THE CITY AGAINST THE PROPERTY ADJOINING THE SAME 273 274' WHEREAS, heretofore the City Council, by Ordinance No. 86, 1973, ordered that certain sidewalks, curbs and gutters in the City of Fort Collins be repaired and reconstructed in order to protect the public; and WHEREAS, in accordance with said ordinance in cases where the owners of the property adjoining such sidewalks, curbs and gutters failed to perform the required work, the City Engineer caused said work to be done; and WHEREAS, the repairs and reconstruction of such sidewalks, curbs and gutters have been completed and the City Engineer. has made a report to the City Council setting forth the total cost of the work done, the portion thereof chargeable to the City of Fort Collins, and the portion thereof to be assessed against the properties adjoining the sidewalk, curb or gutter which was repaired or reconstructed; and WHEREAS, the City Engineer has heretofore mailed to the property owners affected notice that the City Council will hold a hearing on this date to consider his report and to determine the assessments -to be made against the properties adjoining the sidewalks, curbs and gutters repaired or recon- structed; and WHEREAS, the City Council has reviewed the report of the City Engineer and has considered all complaints presented in , j person or in writing and has determined that the assessments hereinafter made should be made in order to pay for the cost of repair and reconstruction of the sidewalks, curbs and gutters adjoining the properties assessed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the report of the City Engineer be, and the same hereby is, accepted and approved. Section 2. That the remaining unpaid costs of such repair and reconstruction work, to -wit: $12,646.30; together with an additional 10% to cover the cost of engineering and other incidentals in accordance with the provisions of Section 95-43 of the Code of the City of Fort Collins., is hereby assessed upon the respective properties adjoining the sidewalks, curbs and gutters repaired and reconstructed and the amount assessed against each lot or tract of land is as follows: NAME AND ADURESS SIDEWALK fYt'I:GI'li>BiN-CT. `!o. 4 ASSESS?IINIB'lRl E3"34 Page I DESCRIPTION RE?IOVAL .S, DEI•.ALK A"k7UNT REMOVAL CURB A!rLNT RE?.OVAL AND 6" AMOUNT CONCRETE FOR 6" TOTAL AND ASSESS. FOR 101'I'E PER SIUI'.I':ALK AND R).PLACE- ASSESS. FOR RAI'1: CURB REPLACE- ASSESS. CONCRETE .ASSESS. REPLACL- LENT OF SQ. FT. RENT OF PER LIN. PENT OF RATE PER SIDD.'ALK CURB IN FT. 6" SQ. FT' IN SQ. Fr. LIN. FT. CONCRETE IN SQ. FT. Home Federal Savings � Lot 13, Block 18 6 Loan 146 North College c/o Downtown Enter- prises. Inc. P.O.,Box 2003 Fort Collins, Colorado Parcel 197123-07-013 Avery Block Lots B,C,D,E;F,G,H,I,J82 c/o Frank G. Avery, Block 18 Manager 112 North College Fort Collins, Colorado , Parcel 197123-07-005 4 197123-07-031 BLOCK 18 92.0 1.54 $141.68 17.0 9.90 $168.30 ---- ---- ---- $309.98 i 110.0 1.54 $169.40 65.0 9.90 $643.50 ---- ---- ---- $812.90 BLOCK 21 -. N __-_ ---- - ---- j 73.92 'V ---- ---- ---- N Nilson, Jess Lots 1 6 2 8 S 10' of Lot 48.0 1.54 S 75.92 c/o F. W. Woolworth 6 3, - Company Block 21 Box 1665 107 North College / , ltilwaukee, Wisconsin Parcel 197114-05-001 6 197114-05-002 8 197114-05-OS1 , Bejmuk, Alex N 6 in. of Lot 11,12,13, ---- ---- ---- P.O. Box 614 5 6 in. of Lot 14,,Block 21 Fort Collins, Colorado 149 6 145 North College . Parcel 197114-05-012 6 - 197114-05-013 11.0 9.90 $108.90 ---- ---- ---- $108.90 NAME AND ADDRESS DESCRIPTION Briggs Corporation Lots 18 • N 22 feet of 232 Pine Lot 17, Fort Collins, Colorado Block 21 Parcel 097114-OS-017 8 167-169 North College a97114-05-018 Lamle, Kenneth C. 6 Lot 19, ' Dorothy A. Block 21 R.R. it 171-173 North College Wiley, Colorado 81092 Parcel #97114-05-019 Briggs, Mary Alice Lot 21, c/o Briggs Building Block 21 169-1/2 North College 151 North College N Fort Collins, Colorado Parcel 197114-05-021 McCarty, Don 8 Luan Lot 12, 6 Sharon Bzdek Block 111 C/o Brush News Tribune Brush, Colorado 80723 Parcel 197114-14-012 ' SI UE I':ALR I!fi`ROl'I'.?1:C11���1'I:; CI' No. 4 ,155cS5'NT BOLL Page 2 RLE LOYAL SIDLI•:AI.A A,V.U.N'F RC F(11511. CURB A:kIUNT RC>IDVAC 6" AMOUNT - TOTAL AND ASSESS. FOR AND ASSESS. FOR AND CONCRETE FOR 6" ASSESS. PEPLICF- RATE PER SiDEP:ALK REPLACE- RATE CURB REPLACE- ASSESS. CONCRETE MNT OF SQ. FT. MENT OF PER LIN. VENT OF RATE PER SIDIiL:ALK CURB IN 17I'. - 6" ' . SQ. FT. 1N SQ. FT. LIN, FT. CONCRETE IN SQ. FT, BLACK 21 (Cont.) 75.0 1.54 9115.SO ---- -___ S11S.50 i ---- ---- --- 25.0 9.90 $247,50 ---- ---- $247.50 7S.0 ,1.54 $115.50 ---- ____ ____ ____ _-__ ____ 5115.SO BLACK III 32.0 1.54 S 49.28 25.0 9.90 $247.SO ---- -__- _-__ $296.78 FH E 334 .. SIrjLt*AL9 VIPROCLs5-MCI No. 4 ASSESS'•S:NT HULL Page 3 NAME AND ADDRESS DESCRIPTION RE3KIPAL SIDEI'.ALK Ih GU.':T RE%'0VAL CURB AIMINT REMOVAL 6" A••7UST TOTAL AND ASSESS. FOR AND ASSESS. FOR XVD CONCRETE FOR 6" ASSESS. REPLACE- R.•\1'E PER SIUEY:ALK REPL\CE- RATE CURB REPLACE- ASSESS. CONCRETE ►O:NT OF SQ. FT. MENT OF PER LIN. 1ENT OF RATE PER - SIDEKALK CURS IN FT. 6" SQ. FT. ' I\ SQ. M LIN. FT. CONCRETE ' . I\ SQ. FT. Risner, Milford et al Lots 13 6 14, C/o Regency Inn Office Block III 159 Trimble Building 3900 Elati Street Denver, Colorado 80216 Parcel 497.114-14-013 197114-14-014 Grovert, Arthur R. 6 Lots 15 6 16, Harold J. Block Ill :328 Green Street Fort Collins, Colorado Parcel f97114-14-015 4 097114-14-016 tJ 4 United Bank of Fort Lot 3, Block 113 Col:ins 323 South College National Association United Bark Buildings Fort C011115, Colorado Parcel 09%1'4-14-003 BLOCK 111 (Cont.) . 50.0 1.54 $77.00 ---- ---- ---- ---- ---- ---- = 77.00 S7.0 1.S4 $87.78 14.0 9.90 $138.60. ---- ---- ---- $226.38 BLOCK 113 30.0 1.S4 $46.20 6.0 9.90 $ 59.40 ---- ---. ---- $105.60 r i NME AND ADDRESS DESCRIPTIOX United Bank of Fort Lot 4, Block 113 Collins 319 South College National Association United Bank Buildings Fort Collins, Colorado .Parcel 097114-24-004 United Bank of Fort Lot 5, Collins Block 113 National Association United Bank Buildings Fort Collins, Colorado -Parcel #97114-24-OOS N V OD a& tl.:) SIULI:ALK 1HPRMO!::Ni So. 4 ASSESS11NT RULL 161RICI Page 4 ra,8 REMOVAL SIOP.I:AI.K A181II.NT RI:p01'A1. 011R ,V1)IINT RENOVAL 6" AAK)UST TOTAL ANU REPLACE- ASSl:55. RATE PER P01: SIDEEALK ;ti.NU REPLACE- A5SLSS. RATE FOR CURB AN CONCRETE FOR 6" ASSESS. h7:DT OF SQ. FT. NENI' OF PER LIN. REPLACE- ?ENT OF ASSESS. RATE PER CONCRETE SIUEh:ALK CURB IN FT. 611 SQ. FT. IN SQ. FT. LIN. FT. CONCRETE • IN Sq. FT. BLOCK 113 (Cont.) - 72.0 1.S4 $110.88 18.0 9.90 $178.20 ---- '-- ---- j289.08 i 132.0 . 1.54 $203.28 20.0 9.90 $198.00 ---- ---- $307.S9 Less $30.69 credit for sidewalk removed only , y v SIDIir:ALK 1: TI:01"L YLX'E So. 4 .ASSL.S.;"c:: l' Ri:LL Page S NAME AND ADDRESS DESCRIPTION REMOVAL Slhi.1, AI.K A`KIUNT REPOVAL CURB AIMUNT RE:•C13'AL - 6" AMOUNT TOTAL AND ASSESS. FOR AND ASSESS. FOR AND CONCRETE FOR 6" ASSESS. PJiPLACE- RATE PER SIDEI-'ALK REPLACE- RATE CURB REPLACE- ASSESS. CONCRETE $ENT OF SQ. FT. MENT OF PF.R I.IN. MENT OF RATE PER SIDI!I:AI.K CURB 1\ 1-1 . 6" SQ. FT. IS SQ. IT. U.N. FT. CONCRETE IN SQ. Fr. BLOCK 114 Metropolitan Life Lots 1,2,3,4,13,14,1E 6 16, 2330.0 1.S4 $3588.20 21.0 9.90 $207.90 ---- ---- ---- $3796.10 Insurance Company Block 114 . c/o Safeway Stores, Inc. P.O. Box 5927, Terminal - Annex Denver, Colorado Parcel 197114-25-001 BLOCK 116 Redding, Joe D. 6 S 57 ft. of Lot 5, 25.0 1.54 $ 38.SO 10.0 9.90 $ 99.00 ---- ____ __.. $ 137.SO Violet W. Block 116 - - 613 S. College Fort Collins, Colorado Parcel 997141-14-016 I N I Falk, Martin E. 8 S I/' of Lot 4 6 N 10 ft. 240.0 1.54 $ 369.60 ---- ---- ---- 42.0 2.2S5 $94.71 $ 464.31 ko Dale 1I. of Lot 3, P.O. Box 1096 Block 116 Fort Collins, Colorado . 1 Parcel 097141-14-014 BLOCK 122 Williams, Rhodes 6 Lot 16 ex. N 2 ft. 4 Lot 170 42.0 1.54 $ 64.68 ---- ---- _--- ..-- .... .___ $ 64.68 Loa J. Block 122 - 216 South College - Fort Collins, Colorado , .Parcel 997123-19-016 6 . 097123-19-017 } � - 1�! � 51 DE l:A LK 1!li'R01'ESSiNi� ifRi Cl N0. 4 :15 �ic55'7L\T. nU LL .... ' Page 6 W, XXtT MD ADDRESS DESCP.IPTIOY REWIPAL SIM.1-*ALK M:OONT R11111VAL MIM A!1)11.NT U.NM'AL 6" , %'I N AEU. T TOTAL AND REPLACE- ASSLSS. FOR RATE PFR SIDEP:,ILK REPLACE- R�Tl:eS. CONCRETE FOR 6" ASSESS. LENT OF SQ. FT. HLNT OF VER I.M. CURB REPLACE- ASSESS. CONCRETE SIDEh''ALK CURD IN FT. ► NT OF 6" RATE PER SQ. FP. IN SQ. FT. LIN. FT. CONCREM. 1\ SQ. FT. BLACK 122 (Cont.) At's 8 Ruth's, Inc. Lot 20 8 S 1/2 of Lot 19, __-- P.O. Box 128 Block 122 ---- --�� 17.5 9.90 $373.25 "'- ---- ---- $173.25 Ouray, Colorado 81421 - - Parcel 197123-19-019 fi - 097123-19-020 Carroll, Roma M. fi ' Lots 21,22,23, fi 24. _.__ -___ Rubert H. Hutchason Block 122 - . - -- - "" 9.0 ..2,2S5 $ 20.29 -$-20t29••' $517 Overdale Drive Los Angeles, California Parcel 197123-19-U21 197123-19-022 BLACK 123 Hotel Center Properties Lot :3, 180.0 1.54 $277.20 Limited Block 123 ---- .__-- ---- --_- ---- -_-- $277.20 ro United Bank Building 316 S., jch College 00 Fort Collins, Colorado c Parcel 497L23-29-013 . 1h1teman, C,uinton D. N 40' of Lot 13, Lot 14, 55.0 1.S4 S 84.70 1715 Yentu Lane Block 123 ---- 8/.70 S Fort Collins, Colorado - Parcel 197123-29-014 fi ` 197123-29-OIS _ SIDEI'.ALK L'IP ROiC:'i..`-II:fSo, i ASSc SS>STjRQ4L' 33-r Page 7 AND ADDRESS DESCRIPTION RDIOVAL SIDEWALK A?17UST REXOCAL CURB A110UNT RDMAL AND 6" = UST CONCRETE FOR 6" TOTAL ASSESS. NAME AND REPLACE- ASSESS. FOR RATE PER SID171VALK AND REPLACE- ASSESS. FOR RATE CURB REPLACE- ASSESS. CONCRETE 1tENT OF SQ. FT. HEST OF PER LIN. ![EST OF RATE PER SIDEWALK CURB IN FT. 6" SQ. FT. 11, SQ. FT, LIN. FT. CONCRETE . - IN SQ. FT. ' BLOCK 124 216.0 1.54 $332. 64 ____ ____ ---- 1149 2.2SS $2591.00 $2923.64 Nanny, Inc. Lots 3,4,5,6,11 ,12,13 less 1000 Travis Street 5 8 in. of W 105 ft. 6 S Plainview, Texas 79072 6-1/6 ft. of E 35 ft. of .. Parcel 097123-I0-003 Lot 14, Block 124 BLOCK 12S - ---- ---- i 456.SO Stout, William M. Lot 30, 335.0 1.54 S5IS.90 ---- ---- ---- ---- f Louise Block 125 506 S. College Less $59.40 credit for sidewalk removed only Fort Collir.s, Colorado Parcel 097152-09-010 ---- i 29.76 ____ 3.0 9.90 S 29.70 ---- ----. Nuklow, James V. 6 Lot 13, Sylvia.M. Block 125 612 South College Fort Collins, Colorado _ N Parcel #97132-09-013 00 r i Awk "� _./ J. • SIUI:CALA 17:1'RM.ViAt"� 1-IUCINo. J AS $i..`.•i'7i\'r RULL a-� Page 8'( NAME AND ADDRESS OF5CR: PT I ON REMOVAL SI DP I'::LR A`Y-UNT REYOA'AL 011M.. A!:0UNIT REM'AL 6" A )UNT TOTAL AND ASSESS. FOR AND X';SESS. FOR AND CONCRETE FOR"6" ASSESS. REPLACE- RATE PER SIDEI',ALR REPLACE- RATE CURB REPLACE- ASSESS. CONCRETE 1ENT OF SO. FT. MHNT OF PER LIN. LENT OF RATE PER SI DEVALR CIIRI; IN FT. 6" SQ. FT. ' 1\ SQ. FT. , LAN. FT. CONCRETE - Ili SQ. FT. BLOCK 126 Speisc:, Alfred T. 6 -S 20 ft. of Lot 7 6 Y 30 ft. 64,0 1.S4 $ 98.56 3.0' 9.90 S 29.70 Virginia M. of Lot 8, Block 126 ---- ____ ____ $128.26 c/o J. D. Loucks M. A. Daugaard 608 South College " Fort Collins, Colorado - Parcel 197132-10-015 Landenpera, Peter J. 6 S :/= of Lot 10, Susanne B. - Block 126 628 South College Fort Collins, Colorado N Parcel 197132-10-020 00 . tv Goss, E. Garrett 6 N 42 ft. of Lot 12, N Laa E. Block 126 623 West Mountain Fort Collins, Colorado Parcel 997132-10-02) Flare, David J. N 4S feet of S 95 feet of c/o Briar Ltd. Lot 12, 648 South -College Block 126 Fort Collins, Colorado Parcel 897132-10-022 - 0 r � ---- - "'- ---- 16.0 9.90 $1S8.40 ---- ---- -_-- $158.40 120.0 1.54 $184.80 ---- ---- --__ _:._ $184.80 90.0 I.S4 $133.60 ____ --__ _.__ ____ ____ $138.60 SIDLt..ALK INI'ROCLY..NT DISTRILI No. 4 ,ASSESS.•::CT RULL Pape 9 NAME AND ADDRESS DESCRIPTION REMOVAL S11TV.ALK A>IOL•NT REPOVAL CURP. A?SIUNT REMOVAL 6" AV I) REPLACE- ASSESS. FOR RCfE PER SIOEI':ALK AND AtitiI:SS, FOR AN AMOUNT CONCRETE FOR 6" TOTAL ASSESS. l'.ENT OF SQ. FT. REPLACE- I4f4T OF RATE CURB REPLACE- ASSESS. CONCRETE SI MIKALK CIIRI; IN PER LIN. 11'. NEST OF RATE PER - IN SQ. FT.LIN. FT. 6" CONCRETE SQ. FT. ' IN SQ. FT. BLOCK 126 (Cont.) r Village Shoe Shoppe, S SO ft. of Lot 12, 49.0 1.54 $ 15.46 Ltd. Block 126 - ---- ""-- -"- - - 102 East Laurel Fort Collins, Colorado Parcel 197132-10-623 BLOCK 18 (Cont.) Starke, William R. 2715 Grinnell Lots A 6 18 to 22 Block l8 604.0 1.54 5930.16 72.5 9.90 $717.75 ---- ---- ---- $1647.91 Lor6mont, Colorado Parcel 097123-07-002 6 a 97123-07-018 . thru 022 N - 00 W r 1 TOTAL ASSESSM14TS - - $13910.93 00 r, rwo - i) s+ 8 Section 3. All assessments herein provided for shall be due and payable within sixty (60) days after the effective date of this ordinance (ten days after final passage) without demand and shall be payable at the office of the Director of Finance of the City. The amounts herein assessed shall bear interest from the effective date of this ordinance at the rate of 6% per annum. Section 4. The Director of Finance shall prepare an assess- ment roll in proper form and shall keep -a record of all payments made during the sixty-day period from the effective date of this ordinance, and upon the expiration of said sixty-day period, he shall deliver said assessment role to the County Treasurer of Larimer County with his warrant for collection of the same. On such date there shall be added to the amount hereby assessed an.additional 10% �of the amount assessed to defray the cost of collection, all as provided in Section 95-45 of the Code of the City of Fort Collins. Section 5. All collections made by the County Treasurer on said assessment roll in any calendar month shall be accounted for and paid over to the Director of Finance on.the first day of each and every month with separate statements for all such collections for each month in the same manner as general taxes are paid by the County Treasurer to the City. Introduced, -considered favorably on first reading, and ordered published this 7th day of October, A.D. 1975, and to be presented for final reading on the 21st day of October, A.D. 1975. ATTEST: 2/', a Z�" City C er Passed and adopted on final reading this 21st day of October, A.D. 1975. ATTES . ity C er ' 284 1 1 1 s CY. LL; 1 First Reading: October 7, 1975 (Vote: Yeas: 6, Nays: 0) Second Reading: October 21, 1975 (Vote: Yeas: 7, Nays: 0) Dates Published: October 12, 1975 and October 26, 1975 Attest: City Clerk Ordinance Adopted on Second Reading Rezoning the Hoffman Property Councilwoman Reeves made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 72, 1975 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 72, 1975 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-M-P, Medium Density Planned Residential District to M-L, Low Density Mobile Home District for the following described property in the City, to -wit: A tract of land situate in the Northeast 1/4 of Section 16, Township 7 North, Range 69 West of the.6th P.M., County of Larimer, State of Colorado, being more particularly described as follows: .commencing at the northeast corner of said Section 16, thence along said east line of the northeast 1/4 of said section 16 S 00°00'00" E, 1320.00 feet, thence N 90000100" W 173.50 feet to the point of beginning, thence continuing N 90°00'00" W 156.50 feet, thence S 00000100" E 132.00 feet, thence S 90000'00" E 156.50 feet, thence N 00°00'00" W 132.00 feet more or less to the point of beginning. Introduced, considered favorably on first reading, and ordered published this 7th day of October, A.D. 1975, and to be presented for final passage on the 21st day of October; A.D. 1975. MiR LA U 9-6 4gi �. y of ATTEST 74? C> y Clerk Passed and adopted on final reading this 21st day of October, A.D. 1975. M �� �. Mayor7. ATTEST: 01 S, City Clerc First Redding: October 7, 1975_. (Vote: Yeas: 6, Nays: 0) Second Reading: October 21, 1975 (Vote: Yeas: 7, Nays: 0) Dates Published: October 12, 1975 and October 26, 1975 Attest: City Clerk Ordinance Adopted on Second Reading Vacating Easements in the Evergreen Park Subdivision Councilwoman Gray made a motion, seconded by Councilman Bowling to adopt Ordinance No. 73, 1975 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE N0. , 1975 BEING AN ORDINANCE VACA INC N THE STREETS AND OTHER PUBLIC EASEMENTS IN EVERGREEN PARK SUBDIVISION WHEREAS, heretofore the City Council of the City of Fort Collins approved the plat of Evergreen Park, a Subdivision in the City of Fort Collins, Colorado, which plat was filed with the County Clerk and Recorder of Larimer County on May-2, 1973; and 286 1 WE 1 1 1 WHEREAS, thereafter the owner of said lands submitted to the City a replat of said subdivision designated as Replat (No. 1) of Evergreen Park, which said replat was approved by the City Council and filed with the County Clerk and Recorder of Larimer County on April 16,-1974; and WHEREAS, to the extent the same are relocated on the replat, the streets and other easements shown and dedicated on the original plat of Evergreen Park filed May 2, 1973, are not needed for municipal purposes nor will the same be needed for municipal purposes in the future since other streets and easements were dedicated to the City in.the Replat (No. 1) of Evergreen Park; and WHEREAS, it appears that the rights of citizens of the City of Fort Collins will in no way be prejudiced by this vacation of 'said streets and easements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That all streets and other easements which are designated and dedicated by the plat of Evergreen Park be, and the same hereby are, abolished, vacated and abated. It is the intention of the City Council in passing the within ordinance to vacate all of the streets and other public ease- ments shown on the plat of Evergreen Park to the extent the same are relocated on the Replat (No-. 1) of Evergreen Park, and particularly, that portion of Redwood Street so relocated. Section 2. Nothing herein contained shall in any way affect the dedications of the streets and other easements as shown on the Replat (No. 1) of Evergreen Park and the same shall continue in full force and effect. Introduced, considered favorably on first reading, and ordered published this 7th day of October, A.D. 1975, and to be presented for final passage on the 21st day of October, A.D. 1975. ATTEST: 287 �! _ I] 288 Passed and adopted on final reading this 21st day of October, A.D. 1975. ll ATTEST: Mayor ,r1� City Clerk First Reading: October 7, 1975 (Vote: Yeas: 4, Nays: 0) Second Reading: October 21, 1975 CVote: Yeas: 7, Nays: 0) Dates Published: October 12, 1975 and October 26, 1975 Attest: City Cler Ordinance Adopted on First.Reading Amending the Code Relating to Alcoholic Beverages Councilwoman Reeves inquired if these changes put the City in accord with the state statutes. , City Attorney March stated that the ordinance brought the City into accord with the state statutes and completes the transition to the Liquor Licensing Authority which has been in existence for some time. Councilman Bowling made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 75, 1975 on first reading. Yeas: Councilmembers Bloom, Bowling,' Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Resolution Adopted Approving Changes in Liquor Licensing Authority Rules of Procedure RESOLUTION 75-58 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING CHANGES IN THE LIQUOR LICENSING AUTHORITY RULES OF PROCEDURE WHEREAS, heretofore by Ordinance No. 72, 1973, the City Council established a Liquor Licensing Authority; and j 288 - ME 1 WHEREAS, pursuant to the terms of such ordinance, the Liquor Licensing -Authority has the power to promulgate rules and regulations concerning the procedures for hearings before it and the presentation of evidence at hearings, provided that all such proposed rules and regulations shall be presented to and approved by the City Council before they shall go in effect; and WHEREAS, the Liquor Licensing Authority has approved certain changes in the Liquor Licensing Authority Rules of Procedure heretofore established by the City Council; and WHEREAS, before such changes can be placed in effect, the City Council must approve such changes. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the changes in the City of Fort Collins Liquor Licensing Authority Rules of Procedure, as approved by the Liquor Licensing Authority, be, and the same hereby are, approved. Passed and adopted at a regular meeting of the City Council held this 21st day of October A.D. 1975. ATTEST: Mayor City Clerk ';Resolution Establishing the Plant Investment Fee for Sewer Utilities in Andersonville and Alta Vista In June of 1974, Andersonville and Alta Vista annexed to the City of Fort Collins. Prior to the annexation, the property owners were informed that they would have to pay a plant investment fee of $550. This money could be paid in monthly installments over a period of ten years with no interest. Since that time the plant investment fee has been increased to $710. The provision for payment without interest in monthly installments was provided in a separate resolution that was adopted by the City Council at its October 7, 1975, meeting. It was felt that there was a legal question if the City allowed one area to pay a lesser plant investment fee than other areas of the City. However, because of its commitments it was decided to provide for the difference between the $550 and $710 with revenue sharing money. A change in the revenue sharing budget has been made to provide for this condition. This payment provision is only for a period of five years 289 290, and with the proviso that Federal Revenue Sharing Funds can be used for this purpose. Councilmembers indicated their desire that those persons eligible for a plant investment fee of $550 be informed of the five year limitation specified in the resolution. Councilman Bowling made a motion,' seconded by Councilman Wilkinson to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson.- Nays: None. RESOLUTION 75-59 OF THE COUNCIL OF THE CITY OF FORT COLLINS- PROVIDING FOR PAYMENT BY THE CITY OF A PORTION OF THE PLANT INVESTMENT FEE PAYABLE AT TIME OF CONNECTION TO THE CITY SEWER UTILITY IN CONNECTION WITH PROPERTIES LOCATED IN CERTAIN DESIGNATED AREAS OF THE CITY WHEREAS, heretofore the City undertook to provide sanitary sewer service to the Andersonville Subdivision and Alta Vista Subdivision in the City; and WHEREAS, the necessary sewer mains have been or are being , installed to bring such service to these areas; and WHEREAS, at the time this program was initiated the plant investment fee'for connection to the sanitary sewer utility of the City for a single family residence was $550.00 and the City represented to residents of those areas that sanitary sewer service would be available upon payment of a plant investment fee in that amount; and WHEREAS, the City has since that date, by ordinance, increa,sed the plant investment fee to $710.00; and WHEREAS, in the opinion of the City Council it is necessary and desirable to provide sanitary sewer service to the area in question and the previous representations made by the City based upon the charge previously in effect should be honored by the City; and WHEREAS, the City has received from the Federal Government revenue sharing funds which could be used to defray a portion of the cost of providing sanitary sewer service to these areas. 290 - 291 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE,CITY OF FORT COLLINS: Section 1. That at sueh time as any property owner in the Andersonville Subdivision or Alta Vista Subdivision applies to the City for sanitary sewer service to such property, the City will pay from revenue sharing funds to the sanitary sewer utility the difference between the sum of $550.00 and the plant investment fee then payable in connection with such application for sanitary sewer service, which amount shall be credited to .the plant investment fee chargeable in connection with such application. M Section 2. The policy herein established shall continue in effect for a period of five years from the date of this resolution; provided, however, that such amounts shall be Cx. payable only to the extent that the City has on hand and available.revenue sharing funds from the Federal Government which can be used for this purpose. If for any reason such funds are not available or cannot be used for such purpose, then the provisions of this resolution shall not apply and the property owners shall be required to pay the full plant investment fee as established by the ordinances of the City. passed and adopted at a regular meeting of the City Council held this 21st day of October, A.D. 1975. ATTEST: Mayor City Agreement with Bill Metier Company as Professional at Collindale Golf Course, Tabled City Manager Brunton's memorandum of this item follows: - Mr. William H. Metier has been the golf professional and manager at'Collindale Golf Course since it opened. Mr. Metier has done an outstanding job. He works as a contract employee of the City under a yearly agreement. Mr. Metier has recently incorporated under the name of Bill Metier Company as a legal formality. Therefore, the Mayor and City Clerk should sign the assignment from William H. Metier to the new Bill Metier Company. Although the agreement is now in the name of the Company, it should be clearly under- stood that we are relying on Mr. Metier to continue as the professional at 291 f® 292, r Collindale Golf Course. The terms and conditions of the proposed agreement are substantially the same, except that the sum paid by the City is $525 per month in place of the former $450 per month. This agreement was reviewed by our Golf Board, and they unanimously recommended that it be approved. . Councilman Suinn stated his comment referred to this item and the following: (Tom Peck Pro -Agreement); specifically "the sum that is paid to the City by the professional for utilities and rent ---does that cover the utility bills?" City Manager Brunton stated these items have not been reviewed but could be reviewed and reported at the next regular council meeting. Councilwoman Gray made a motion, seconded by Councilwoman Reeves to table consideration of the agreements of William Metier and Tom Peck. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell and Suinn. Nays: Councilman ' Wilkinson. Participation in "Energy and Man's Environment" Education Program ADDroved City Manager Brunton requested Director of Utilities, Stan Case to speak briefly to the purpose of the program which would involve school children from Kinder- garten through the twelfth grade that would encompass energy's role in man's ' environment. The initial cost of the program to the Fort Collins Light and Power Department would be $1,650 for the first year. Councilman Suinn inquired if the funds would be used for personnel and materials to be used in the schools. Mr. Case responded that they would. Councilman Suinn expressed his concern that Mr. Case seek further coordination with the State Department of Education and that alternatives be sought; specifically as relates to teachers receiving credit in this program. Councilman Wilkinson made a motion, seconded by Councilwoman Gray to endorse participation in the "Energy in Man's Environment" Education Program and Mr. Case pursue methods of implementing the program. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: Councilman Suinn. Contribution to Social Service Agencies Approved At its October 14, 1975 work session, the City Council authorized the full contribution to various social service agencies as recommended by the Human Resources Board. Following is a summary of the amounts recommended. 292 293 FORT CGLLIRS AMOUNT A::OCNT APPROPRIATED RFCn:CfENDED FOR FOR :ENCIES 1975 1576 Care -A -Van $9,800 S6,600 onmunity Crisis and Information 10,400 10,400 :ommunity Education 10,000 12,000 ;:me Helps, Inc. 7,500 12,060 arico Home -0- 4,000 CC.ariner County Alcohol Services 7,500 3,875 Li '-dvo.ates 'for Handicapped Citizens -0- 2,561 :eighbor-To-Neighbor 4,000 7,200 Recreation Center for Low Income and Disadvantaged -Youth -0- 9,000 '?•tired Senior Volunteer Program 500 750 Elie Salvation Army 3,600 3,000 :sited Day Care Center 2,300 4,500 ' ':irginia Neal Blue Resource Center for :olorado Women -Fort Collins Branch -0= 2,250 irginia Neal Blue Resource Center for .olorado Women -Substitute Child Care .:crvices -0- 5,178 :ulunteers Clearing House 3,500 2,400 0 .ummunity Industries 3,375 -0- he Point 5,OQ0 -0- onthills Cateway Rehabilitation 1,000 -0- -CT . AL 68,475.00 85,774.00 Councilman Bloom expressed concern that the City of Loveland and Larimer County had indicated they would not fund some of the agencies and "if they -reduce their funding, as some of them have indicated, I think some of these agencies may be in some trouble." Councilman Bloom made a motion, seconded by Councilman Bowling to approve the allocations in the amount of $85,774 and that the administration be instructed to prepare the necessary agreements for the 1976 fiscal year. Peas: Councilmembers 293 9"94 Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Highway Improvement Priorities, Approved Director of Engineering Services, Roy A. Bingman, reviewed the following memorandum on this item. The Highway Commission meets in November to hear recommendations from the Counties and Cities on highway needs. Our requests must be transmitted to the County to be considered by the Commissioners for inclusion in one submission from Larimer County. The major project which we have recommended in the past is the Central Fort Collins Expressway. It is my understanding that this project stands the best chance of being funded if it is submitted as the highest priority project from Larimer County The initial funding would be used for engineering and right-of-way acquisition. The second project which we recommend for State Highway Funding is the traffic signal installation at the intersection of Horsetooth and College. Increasing traffic on Horsetooth Road coupled with the relatively high speed traffic on College, creates a safety hazard at this intersection. The third project is the continuation of the Route 287 widening between Fort Collins and Loveland. , The recommended priority is as follows: 1. Central Fort Collins Expressway 2. Traffic Signal Installation 3. Route 287 Widening. Councilman Wilkinson made a motion, seconded by Councilman Bowling to authorize s the City Manager to submit the recommended priorities to the County Commissioners. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Riverside Subdivision. 7th Filine Tabled The aforementioned subdivision consists of 12.8 acres located along the north side of Riverside Drive, east of Lemay Avenue and north of Prospect Street. This plat is for the industrial use of 41 lots and was reviewed at the October 6th meeting of the Planning and Zoning Board. Our staff had recommended that the number of curb cuts be limited and that the City Engineer be required to approve all curb cuts in this area. The staff also recommended that the landscaping covenants continue to cover the entire subdivison plat. . Both of these requirements have been made. The Planning and Zoning Board recommended for approval if the recommended conditions were adhered to. W. 294 - 295 c+- CY7 r 1 Planner I, Paul Deibel spoke to the above memorandum on this item.' Mr. Bob Martin, representing Riverside Ltd., a partnership which owns approximately one-third of the land, stated he could only speak for that portion, and they are in full agreement with the proposal. Councilmembers expressed their concern for the number of curb cuts which could be allowed in this area. City Attorney March stated that there is a limitation; despite the fact that the lots are platted at 30 feet, they could not be -used as 30 foot lots. It would require in the I-L zone a minimum of 100 feet in order to cbibply, with zoning requirements in order to obtain a building permit. Mr. Martin stated there were a total of eight ownerships and had been in the process of review for over two years. Councilman Bowling made a motion, seconded by Councilwoman Gray to table the Riverside Subdivision, 7th Filing. Yeas: Councilmembers Bowling, Gray, Reeves, Russell and Suinn. Nays: Councilman Bloom. (Councilman Wilkinson out of room.) Replat of Lot 1, Spring Court Subdivision Approved This replat involves the division of one large lot on the southwest 'corner of South College Avenue and Stuart Street into two lots. This will allow develop- ment of the area behind the Sherwin Williams Paint Store building located on that corner. The primary issue discussed by the Planning and Zoning Board at its October 8th meeting was street right-of-way for Mason and Stuart Streets. i The Board's recommendation was for approval contingent upon a definitive study on Mason Street to be completed by staff and adopted by the City Council, and upon agreement by the owner to dedicate the street rights -of -way for Mason and Stuart if they are required by this plat.. The owner has agreed to this approach, and we expect to have the details of this agreement worked out by Tuesday's meeting. Councilman Wilkinson made a motion, seconded by Councilman Bloom to approve the replat of Lot 1, Spring Court Subdivision. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: Ndne. Sole Source Bid for Light Pole Installation at City Park Approved Our 1975 Parks Capital Improvement Program scheduled the replacement of the 70' high wood light poles at the south ball field at City Park. The instal- lation of these poles is a difficult and complex task. On two separate occasions we solicited bids for this project. Because of the nature of the job, we were: unable to obtain a bid for the complete job. Consequently, we contacted Mr. Sam M. Neely of Commercial Lighting Equipment Company, Los Angeles, California, in an effort to negotiate a firm price. Although not in the installation business, Mr. Neely agreed to accept full 295 ?96' responsibility for the project for_�12,000.00. Mr. Neely is a highly com- petent lighting engineer and thinks very highly of our City and our program and is willing to help us out of this problem. Recommendation: Because of the unique nature of this project, we recommend that Commercial Lighting Equipment Company be awarded the contract.for $12,000.00. Councilwoman Gray made a motion, seconded by Councilman Wilkinson to approve the recommendation and award the contract to Commercial Lighting Equipment Company for $12,000.00. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Citizen Participation 1. Mayor Russell announced that Recycle Something will sponsor a community wide paper drive on October 25 and enumerated the locations for pickup. 2. City Clerk, Verna Lewis, read proclamations proclaiming October 24, 1975'as 'Right to Read Day"in Fort Collins and October 31, 1975 as "Unicef Day" in Fort Collins. 3. Mr.•David 0. Lipp, again appeared before the Council and requested Council go on record expressing their position in regard to the seizure by the Police Department of paraphernalia in local stores. City Attorney March stated that this is a matter now before the Courts, there has been a Supreme'Court decision on a portion of it. There is a case now filed in Federal District Court relating to this matter and he felt it would be improper to comment at this time in view of the fact that the Courts have a case involving this exact matter. No further action was taken on this item. Application for Pawn Brokers License Conditionally Approved City Manager Brunton stated there was an application for a Pawn Brokers License from Richard G. and Elizabeth M. Wilson at 112 Martha Avenue, dba the Three Balls Pawn Shop. They have submitted the $50.00 license fee and the surety bond in the amount of 42,500. The Police Department report has not been received but the administration would recommend approval subject to the Police Chief's approval as a result of his - investigation. The applicants were in attendance. 1 1 Councilman Bowling made a motion, seconded by Councilman Bloom to approve the application subject to the Police Chief's approval as a result of his investigation. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 296 i MY 297- Appeal from Ruling of the Zoning Board of Appeals 3 with Regard to Old Post Office Facility, Denied At the October 14th meeting of the Zoning Board of Appeals, the owners of. the Old Post Office building located at 201 South College Avenue requested'a.reduction in the required off-street parking. Several spoke in opposition to this petition. The Liquor Licensing Authority previously issued a liquor license for this building. By a 3-to-2 vote, the Zoning Board of Appeals recommended in favor of the petition. Our City Attorney, Arthur E. March, Jr., ruled that there must be 4 yea votes to pass the motion according to the laws of the aening Board of Appeals. Therefore, the motion c was defeated. Subsequently, Gene E. Fischer, Attorney for the owners, requested an appeal before City Council. The City Attorney informs us that we may hear this case and make a ruling on the basis of the record of the initial hearing and any other testimony that the City Council may deem necessary to rule on this appeal. Attorney Gene E. Fischer stated that as a procedural matter the applicants were before the Council in a two part situation, therefore, they requested; (1) that Council by it's affirmative and simple majority, approve the action of the Zoning Board of Appeals or (2) that the variance be granted by the City Council. Attorney Fischer and Mr. Weiszmann made a presentation of the facts as they perceive them, and their proposed plans for the _ structure,D-ec� f_ically the restoration of a historic building. - _ L Mr. Rudy Juvan, 2724 Alexander Court, appearing as a businessman and as a represen- tative of a group in attendance, spoke to the possible hardship to existing businesses if the parking variance were granted. Downtown Redevelopment Director, Robert Ferluga, suggested that Council withhold judgement on this request and move rapidly towards a comprehensive plan in the downtown area. Mr. Jerome Soukup, Chairman of the Downtown Redevelopment Commisssion read the following resolution into the record. R E S O L U T I O N At this morning's Downtown Redevelopment Commission meeting Commission members discussed the desirability of encouraging use of th4) old Post Office Building at this time. The unanimous decision was that the Post Office is located at a key intersection in the downtown and that the Commission should encourage the reuse.of the building by intergrading with ongo4ng plans for downtown redevelopmfnt. The attached 297 14 aA r� resolution reflects the Commission's concern and was adopted unanimou4y for City Council consideration. "The Commission recommends that the City Council refuse the variance requested at this time. In making this recommendation the Commission recognizes the desirability of using the Post Office site and further recognizes that a parking variance of some type may be needed if the building is to be used. However, it is felt that this particular use could not be accommodated with the parking that now exists and at this time the plans for downtown redevelopment have not developed to the extent necessary to assure that the necessary parking will be available in this area in the future." Resolution was passed unanimously. Downtown Redevelopment Commission Meeting of: October 21, 1975 @ 7:00am Councilman Wilkinson made a motion that this request be held in abeyance and that the problem of the downtown parking be referred to the Planning Office to report back in 30 days with a viable solution to the downtown parking which can be used in place of granting variances from time to time. (This motion died for lack of a second.) Councilman Bloom made a motion, seconded by Councilwoman Reeves that Council deny the variance. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell and Suinn. Nays: Councilmembers Gray and Wilkinson. Ordinance. Adopted on First Reading Assessing Costs in Water Main Improvement District No. 6 No written protests have been recieved by the City Clerk's Office on the assessment notices duly sent. Councilman Wilkinson made a motion, seconded by Councilman Suinn to adopt Ordinance No. 64, 1975 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. -- Ordinance Adopted on First Reading Assessing. Costs in Street Lighting Improvement District No. 4 No written protests have been received by the City Clerk's Office on the assessment notices duly sent. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 74, 1975 on first reading. ,Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 298 - 1 299 Resolution Adopted as Amended Approving the Boards and Commissions Membership Manual Councilmembers considered amendments to the resolution which would provide for unexcused or unjustified absences of four in one year, provided that Council would approve substantial changes in the manual and the possiblity of meeting informally with Boards and Commission members to discuss the manual. In order to amend the resolution in the desired areas, Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to table this item until after the dinner break. Yeas:. Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. c+- . Councilwoman Gray made a motion, seconded by Councilman Wilkinson to remove this item from the table for consideration. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Councilman Suinn made a motion, seconded by Councilwoman Reeves to amend the resolution by inserting the word "minor" between the words "future" and changes in the sixth line in Section 3, after the word "follows:" Section 3. The manual in Section VII B-1, provides as follows: "Upon acceptance of appointment, Board and Commission members ' demonstrate their intention and ability to attend meetings. Therefore, either of the following shall automatically cause a member's appointment to terminate: (a) .three consecutive absences from regularly scheduled meetings of the board not approved by the chairperson. (b) four absences from regularly scheduled meetings of the board in any calendar year not approved by the chairperson." Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt the resolution as amended. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 75-60 'OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AND ADOPTING A BOARDS AND COMMISSIONS MEMBERSHIP MANUAL WHEREAS, the Administration has prepared and presented to the Council for its approval a Boards and Commissions and Membership Manual; 299 1-1-711 r WHEREAS,'the'City Council has reviewed such manual and desires to accept the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the City -Council hereby approves and accepts the Boards and Commissions Membership Manual prepared by the City Administration. Section 2. The City Council recognizes that changes maybe necessary in such manual from time to time in order to reflect changes in ordinances or other policy changes which may be made from time to time. In adopting and approving the membership manual, the City Council does not intend to prevent such future minor changes by the City Adminis- tration as may be necessary to keep the same current, and such changes may be made without express approval of the City Council, except as provided in Section•3 below. Section 3. The manual in Section VII B-1, provides as follows: "Upon acceptance of appointment, Board and Commission members demonstrate their intention and ability to attend meetings. Therefore, either of the following shall automatically cause a member's appointment to terminate: (a) three consecutive absences from regularly scheduled meetings of the board not approved by the chairperson. (b) four absences from regularly scheduled meetings of the board in any calendar year not approved by the chairperson." . This provision establishes a policy which can only be established by the City Council. In adopting and approving the Boards and Commissions Membership Manual, the City Council does adopt the foregoing policy as , the policy of the City Council and the same shall not be changed without concurring action of the City.Council. Passed and adopted at a regular meeting of the City Council held this 21st day of October, A.D. 1975. ATTEST: jj_ iA.ALi . City Clark Weli; 1 1 301 Report from the City Attorney on the Legality 6f Funding Designing Tomorrow Today Received ' City Attorney.March stated an executive session had been held on this matter; for the present he thought it sufficed to say that he has studied and he does feel that the funding is legal, under the Charter. Further, as Council knows, an2action has been filed in Municipal Court questioning the legality of funding DT under the Charter and also questioning the legality of the Council's position in the City Manager Law Suit. He requested that Council; (1) authorize him (as City Attorney) to accept service of the process in those actions on behalf of the individual members of the Council, (2) authorize him (as City Attorney) to enter an appearance in Municipal Court on behalf of the defendants in order to defend that action, and, (3) he requested authority to employ an attorney as special counsel for the City to prosecute that action. �r Councilman Bowling made a motion, seconded by Councilman Wilkinson to authorize the City Attorney to defend the action and employ special Council for the purpose i, of prosecuting the action. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Resolution Adopted Adopting a Budget of the Estimated Amounts Required to Pay the Expenses on Conducting the Business of the City Government for the Fiscal Year Ending December 31, 1976, and Fixing the Mill Levy for Said Year Pursuant to the Provi- sions of Article V of the City Charter 4 Councilman Wilkinson made a motion, seconded'by Councilwoman Reeves to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. RESOLUTION 75-57- OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING A BUDGET OF THE ESTIMATED AMOUNTS REQUIRED TO PAY THE EXPENSES OF CONDUCTING THE BUSINESS OF THE CITY GOVERNMENT FOR THE FISCAL YEAR ENDING DECEMBER 31, 1976, AND FIXING THE MILL LEVY FOR SAID YEAR PURSUANT TO THE PROVISIONS OF ARTICLE V OF THECITYCHARTER. WHEREAS, the City Manager has heretofore prior to the first Monday in October, 1975, submitted to the Council a proposed budget for the next ensuing budget year with an explanatory message pursuant to the provisions of Section 2, Article V, of the City Charter, and WHEREAS, ithe Council thereafter within 10 days after the filing of said i ' budget estimates set October 4, 1975, as the date for a public hearing thereon 301 rI 302. and caused notice of such public hearing to be given by publication pursuant to Section 3, Article V, of the City Charter, and WHEREAS, Section 4 Article- V, of the City Charter provides that the Council shall adopt the budget for the ensuing fiscal year and shall fix the tax levy after said public hearing and before the last day of November of each year. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the budget prepared in detail by the said City Manager in compliance with the Provisions of Section 2, Article V, of the City Charter for the fiscal year ending December 31, 1976, be and the same is hereby adopted as a basis for the annual appropriations ordinance for the fiscal year ending December 31, 1976, as follows: DISBURSEMENTS BY APPROPRIATIONS GENERAL FUND: •. - . City Council ...... ................................... S 42,807 City Manager ...............' .•.. ............•............ General Administrative 815 r, Services Administration.46,7837 .......... Personnel .......................................... Purchasing.. 69,919 ................................ 63,912 Management Information Systems..,,,, ................ .... Buildings and Grounds........ ,665 ....... Health and Safety,,,,,,,,, 191,271Employee .......... Warehouse........... 40,921 .......................... Boards and Commissions 141,445 ....... ............... .:....... .... Human Resources ............................ 21,451 ........ Transportation, " - - _ 157,222 Land Acquisition " " " " " " " " ••• $ 127161 Public Information......... •.................... 56,916 City Clerk.. .................................... 27,274 Finance........................................................... 81,961 Utility Billing........ ,176 . ......................... . Insurance and Retirement " • " ••••••••••• 401,149 „ City Attorney....... 370,900 ... ......................... Municipal Court........ " " " " " •' ,442 Police.... ... .... ... 60,543 ......... .... ............ Fire.... " ' 1,559,438 ... • ...•.......•...•..••....'....'• Engineering 1,001,391 Services Administration ............ ..................................... ,982Engineering........................................ •••••• Inspection.. 255,869 ... ............... ...... Traffic and Street Lights ................. ' 167,131 Streets and Alleys .................. ..•. " " 386,744 ::' 542,321 303. Planning .......................................................... 156,870 Parks and Recreation F� Administration................................................. 830 31,449 4 ' Parks.. ... •. 331,449 Recreation....... 309,556 .Outdoor Swimming Pool .......................................... 60,050 Senior Citizens...... ....................................... 32,845 Forestry ....................................................... 82,929 'Indoor Swimming Pool......, ..................................... 3,1 13 63 Youth Centers .................................................. 36,546 Cemeteries Grandview Cemetery .............................................. 9,0 12 10 Roselawn Cemetery..... ......................................... 5,0 4 88 �+- Library....................................................... 3,5 2 0 Cultural Resources ................................................ 31,682 Museum............................................................ 8,420 ---. Contingencies. ................ 50,000 Li.. Transfers ...................................... ................... 25,000 $8,273,611 Total ......... .................................................... LESSINTER -FUND TRANSFERS ............................ :............ 542,594 TOTALGENERAL FUND................................................070731,017 ' Total Capital Improvements.........................................$3,951,491 \` LESSINTER -FUND TRANSFERS......... ............................ 530,891 _ TOTALCAPITAL IMPROVEMENTS.........................................$3,420,600 848,002 Revenue Sharing ..................................................$ LESSINTER -FUND TRANSFERS.........................1.............. 702,064 145,938 TOTALREVENUE SNARING ............................................$ 5,5 63 q:......................................... Sousing Rehabilitation, i 805,471 Equipment$ 805,471 .. LESS INTER -FUND TRANSFERS ....................................... $ -0 ..............................• TOTAL EQUIPMENT........... •......• $ 278,997 Golf......................................... .................... 303 - � 0 4, ;ll LESSINTER -FUND TRANSFERS.: ..................................... 26,234 TOTALGOLF ...... ......... :....................................... i $ 252,763 i Water Fund Source of Supply ..................................:........... S 11 0,000 Purification and Treatment .................................... 321,673 Transmission and Distribution ................................. 358,672 Administration and Billing .................................... 279,469 Payment in lieu of Taxes ...................................... 135,825 Transfer Administration Expenses....' ........................:. 55,737 . Transfer to Bond Fund .......................................... 257,570. Transfer to Capital Fund ...................................... 500,000 water Capital improvements .................................... 8,393,360 Water Bond Payment....:.... ....... 504,825 Total......... ..................................... .. $10,9 7 1 1 31 LESSINTER -FUND TRANSFERS ............ ....... .:..................... 949,132 TOTAL WATER FUND ......... :......................... :............... $ 9,967,999 Sewer Fund -� Trunk and Collection ....... .................................$ 178,694 jSewage Treatment .............................................. 548,101 Administration and Billing .................................... 153,989 Payment in lieu of Taxes ...................................... 93,833 Transfer Administration Expenses.: ............................ 12,511 Transfer to Bond Fund ......................................... 235,170 Transfer to Reserve Fund ...................................... 19,275 Transfer to Capital Fund ...................................... 200,000 Sewer Capital Improvements .............................. ... 774,225 Sewer Bond Payment .................................:.......... 533,240 Total............................................................$ 2,749,038 LESSINTER -FUND TRANSFERS ........................................ 560,789 TOTALSEWER FOND.................................................5 2,188,249 Light and Power Fund — "- Purchase Power...... ........................................... $ 4,010,527 Transmission and Distribution ................................. 623,666 Administration and Billing .................................... 590,723 Payment in lieu of Taxes ............................. :........ 477,917 Transfer Administration Expenses .............................. 63,722 Transfer to.Capital Fund ...................................... 915,891 Light and Power Capital ........................................ ' .3,196,298 Total.............................................................. $ 9,878,744 304 :f 1 1 1 30 LESS INTER 6 INTEA-FUND TRANSFERS 1,457,530 TOTAL LIGHT AND POWER FUND $ 8,421,214 GRAND TOTAL EXPENDITURES $32,473,342 BE IT FURTHER RESOLVED that the mill levy rate for taxation upon all the taxable property within the corporate limits of the city of Fort Collins for the fiscal year ending December 31, 1976, shall be 10.00 mills, which levy �r represents the amount of taxes for City purposes necessary to provide for pay- ment during the ensuing budget year of all properly authorized demands against the City. Said mill levy shall be distributed as follows: General Expense...... .... 10.00 mills being a total of 10.00 mills, which levy as so distributed shall be certified to the County Assessor and the Board of County Commissioners of Larimer County, Colorado, by the Director.of Finance as provided by law. Passed and adopted at aregular meeting of the Council of the City of Fort Collins this 21st day of October, A. D., 1975. Mayor ATTEST:. City Clark Resolution Adopted Appointing Members to Fill Vacancies on City Boards and Commissions City Council met in executive session to make such appointments. ' 305 4 0 V9. Councilman Wilkinson made a motion, seconded by Councilman Bowling to accept the resignations of Tom Sutherland and Bonnie Titley from the Planning and �.: Zoning Board. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. City Clerk, Verna Lewis, read the resolution at length. Councilman Bloom made a motion, seconded by Councilman Suinn to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. RESOLUTION 7S-61 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING DaIBERS TO FILL VACANCIES ON CITY BOARDS AND COMMISSIONS WHEREAS, three vacancies presently exist on the City of Fort Collins Planning and Zoning Board because of the resigna- tions of Bonnie Titley, Tom Sutherland, and George Nock as members-` of such board; and WHEREAS, a vacancy further exists on the City of Fort Collins Housing Authority, the same being the position previously filled, by Irvine Wilson on such authority; and WHEREAS, a vacancy presently exists on the City of Fort Collins Coordinating Commission for Senior Citizens because of the death of.Charles N. Shepardson; and WHEREAS, the City Council desires to appoint persons to fill the vacancies existing on such board and commissions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Phyllis J. Wells be, and she hereby is, appointed as a member of the City of Fort Collins Planning and Zoning Board to fill out the unexpired term of Bonnie Titley on said board; that Donald J. Shannon be, and he hereby is, appointed as a member of the City of Fort Collins Planning and Zoning Board to fill out the unexpired term of George Mock on said board; and that F. L. "Jack" Fowler be, and he hereby is, appointed as a member of the City of Fort Collins Planning and Zoning Board to fill out the unexpired term of Tom Sutherland on said board. Section 2. That Mary Klopfenstein be, and she hereby is, appointed as a member of the City of Fort Collins Housing Authority to fill out the unexpired term of Irvine Wilson on such authority. 306 i 1 30T s Section 3. That Henry A. Gardner be, and he hereby is, appointed as a member of=the City of Fort Collins Coordinating Commission ' for Senior Citizens to fill out the unexpired term of Charles N. Shepardson on such commission. Passed and adopted at a regular meeting of the City:Council held this 21st day of October, A.D. 1975. LL. Ci. ATTEST: mayor i City C er c Other Business 19 City Attorney March stated that as Council also knows, there has been an action instituted in the Federal Court against members of the Police Department, the Mayor and the City generally, arising out of what is referred to as paraphenalia cases. Therefore he requested authority to enter an appearance in Federal District Court on behalf of the City and the City defendants to defend that action recog- nizing that the City's insurance company will also have counsel in that action. Councilman Bowling made a motion, seconded by Councilwoman Reeves to authorize the City Attorney's request. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.• Adjournment Councilman Bowling made a motion, seconded by Councilman Suinn to adjourn. Yeas:, Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ATTEST: 11ayor ' 307