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HomeMy WebLinkAboutMINUTES-08/01/1978-Regular' August 1, 1978 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Regular Meeting - 6:30 P.M. Mayor Suinn appeared at 5:30 p.m. to explain to the assembled audience that there was not a quorum of Councilmembers present but that the fourth member was expected by 6:30 p.m. and that the Council meeting would convene at 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Wednesday, August 1, 1978 at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Council - members: Gray, Russell, Suinn and Wilkinson. Absent: Bloom, Bowling, and St. Croix. ' Staff Members Present: Arnold, Deibel, Bingman, Case, Harmon, Sanfilippo, Lanspery, Deagle, Liley, Ward, Mabry, and Krajicek. Also: City Attorney Arthur March, Jr. Consent Calendar Items These are items of a routine or non -controversial nature, on which a unanimous vote of approval is expected. Any- one may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. (The purpose of this calendar is to allow Council to spend its time and energy on more important items.) The Consent Calendar presented was as follows: 3. CONSIDER APPROVING THE MINUTES OF THE REGULAR MEETING OF JULY. 18. 1978. 1 - 399- August 1, 1978 4. SECOND READING OF ORDINANCE NO. 60, 1978, ADOPTING BY REFERENCE THE COLORADO STANDARDS FOR NONRESIDEN- ' MODEL ENERGY EFFICIENCY CONSTRUCTION AND RENOVATION TIAL BUILDINGS OF THE STATE OF COLORADO AND THE COLORADO RECOMMENDED ENERGY CONSERVATION "PERFORMANCE" CODE FOR NEW CONSTRUCTION AND RENOVATION OF RES17 DENTIAL BUILDINGS. This ordinance passed on first reading at the June 20 Council meeting. We are this item be tabled having trouble obtaining the secondary codes and request until September 5. 5 OF 1978, AN NANCE ING CHAPTER 47COFDTHEADING CODE COLLINSBEING OF THE CITYEOFOFORT,ADOPTING ANIELECTRICALDCODE. This ordinance passed on first reading at the June 20 Council meeting. The tabling this item until September publication is not completed. Staff recommends 5th. 6. SECOND READING OF ORDINANCE NO. 69, 1978, RELATING TO THE PLACEMENT OF FENCES. This ordinance passed favorably on first reading at the July 18 Council meeting. This ordinance amends our fence code to comply with a reduced front setback for single-family residences from 30 to 20 feet. Staff recommends approval. 7. SECOND READING OF ORDINANCE NO. 70, 1978, AMENDING THE UTILITY REBATE PROGRAM. This ordinance passed favorably on first reading at the July 18 Council meeting. ' It provides for a change in the utility rebate program to senior citizens. It allows a pro-rata share for individuals who use just one of the services. Staff recommends approval. 8. SECOND READING OF ORDINANCE NO. 71, 1978, RELATING TO THE PROPERTY TAX REFUND PROGRAM. This ordinance passed favorably on first reading at the July 18 Council meeting. It amends the elderly pro ertax rebate program by extending the acceptance - - of applications from October 15 to December 31. It also sets forth that the applicant must be a resident of the City as of August 1 of the year in which the application is submitted. Staff recommends approval. 9. SECOND READING OF ORDINANCE NO. 73, 1978, RELATING TO CATV FRANCHISES. This ordinance passed favorably on first reading at the July 18 Council meeting. It establishes procedures for granting franchises for cable TV. Staff recom- mends approval. 10. HEARING AND FIRST READING OF ORDINANCE NO. 72, 1978, AMENDING CHAPTER 118 OF THE CODE OF THE CITY OF FORT COLLINS BEING A PART OF THE ZONING ORDINANCE RELATING TO INDUSTRIAL ZONES AND SETTING FORTH CERTAIN PARKING, LANDSCAPING, AND PERFORMANCE STANDARDS THEREFOR. (TABLED: 7/18/78) t - .400- August 1, 1978 ' This ordinance was referred to a Council committee for review. This review has been completed; however, further work needs to be done on condensing some of the State regulations pertaining to smoke and other noxious materials. Staff recommends tabling this item until September 19. 11. RESOLUTION APPROVING PROPOSED REUSE AGREEMENT WITH PLATTE RIVER POWER AUTHORITY. Under this agreement the City will first use water through its system in the normal way. The discharge from the wastewater treatment plant will then be pumped by Platte River to the Rawhide site and used by it for the generation of electricity. The Water Board has recommended approval. Staff concurs. 12. RESOLUTION ESTABLISHING A CITIZEN'S ADVISORY COMMITTEE ON ELECTRIC RATE FORMS. As discussed at the July 25 work session, this resolution establishes a citizen's committee to study electric rate forms. Staff recommends approval. 13. RESOLUTION APPROVING LARIMER COUNTY/FORT COLLINS JAIL AGREEMENT. On May 2nd, Council authorized the City to enter into an agreement with the County to house City prisoners in the County jail. The County Commissioners have requested some amendments to this agreement. This agreement reflects those changes. Staff recommends approval. ' 11, CITY ATTORNEY TRANSITION. Under this proposed transition, Lucia Liley would be appointed City Attorney effective August 31, and Art March would be appointed as Special Counsel. Staff recommends approval. 15. RIVERSIDE COMMERCIAL P.U.D., PHASE II, FINAL PLAN. This is the second phase of a P.U.D. for a 4.5 acre site on Riverside Avenue. Staff recommends approval. 16. CONSIDER DEDICATION DEED. This is a dedication of a 60-foot right of way for Riverside Avenue. Staff recommends approval. The following items were withdrawn from the Consent Cal- endar: Item No. 11 Resolution Approving Proposed Water Reuse. Agreement with Platte River Power Authority August 1, 1978 Item No. 13 Resolution Approving Larimer I County/Fort Collins Jail Agreement The ordinances presented for adoption on second reading were read by title by Deputy City Clerk -Wan a a,7icek as follows: 6. Ordinance No. 69, 1978, Relating to the Placement of Fences. 7. Ordinance No. 70, 1978, Amending the Utility Rebate Program. 8. Ordinance No. 71, 1978, Relating to the Property Tax Refund Program. 9. Ordinance No. 73, 1978, Relating to CATV Franchises. Councilman Wilkinson made a motion, seconded by Council- woman Gray to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Gray, Russell, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Resolution Approving Proposed Reuse Agreement with Platte River Power Authority Following is the City Manager's memorandum on this item: This agreement has previously been considered by the Water Board on two occasions. Most members of the Council were present at both these meetings when all of the details of the plan were analyzed and explained. The Water Board has recommended that the Council approve this agreement. Under the plan the City will first use water thru its system in the normal way. The discharge fran the wastewater treatment plant will then be pumped by Platte River to the Rawhide site and used by it for the generation of electricity. Ultimately the plan will result in a new water source (from Windy Gap) for the City without additional cost. This new water source is projected at about 2310 acre feet of water. On the basis of Big T units priced near $1500 per unit and yielding .75 acre foot per unit, this new source could have a value of $4,620,000. The plan provides this substantial benefit for the City and also provides a necessary firm and timely water supply for Platte River Power Authority. Moreover, it acoorrplishes this by reuse of effluent from the City's wastewater treatment ' -402- August 1, 1978 discharge and represents a significant conservation of water resources. The plan has 'been reviewed by the Poudre Water Users Association and has the general concurrence of cost of the major water users in this area. Staff will be prepared to answer any questions Council may have on this proposal. Marvin Hoover, former Forest Service employee in water- shed management research, spoke to his concerns about the speed the agreement is being consumated. He felt the agreement needed further study before adoption and suggested the item be tabled or postponed at least until the hydrology study commissioned by Platte River Power Authority is completed. He also inquired into the Michigan Ditch recon- struction and operation costs. He noted that the environ- mental assessment study now being undertaken by Thorn Ecological Institute might also be of assistance. He again asked Council to defer their final consideration on this for at least a month until the new information is available. City Attorney March addressed Mr. Hoover's concerns relative to the costs incurred in connection with the Michigan Ditch and to the speed the City is acting. He noted that the City was only committing itself to what it could make in the way of new water out of the Michigan Ditch - Joe Wright system up to the volume specified as the City's contribution, if we can make it, and that is 3,055 acre feet of water from our system. If the City makes no water and has no water available, then there is no obligation under the agreement. Brian Blakely, staff attorney for Platte River Power Authority, stated that he felt Platte River Power Authority was bearing the main risk in that if the City falls short of their con- tribution, Platte River Power Authority suffers, and will be where they were prior to the agreement, looking for another source of water - Windy Gap. Bruce Jones, President of Resource Consultants, noted that his firm was in charge of looking into the hydrology for Platte River Power Authority. He noted the finished report would be ready in approximately 20 days but that the pre- liminary conclusions indicated no problems. City Attorney March noted the Resolution was not the final product and that there would be further discussions with water users. He added that the desire was to get the proposal before the water court as soon as possible as - 403- August 1,1978 there is going to be a reorganization in the court and we ' could face long delays because of this. Chuck Leaf, consulting hydrologist, spoke to the hydrology issue stating the problems connected with .the upgrading of the Michigan Ditch. Stan Case, Electrical Utilities Director and Platte River Power Authority Boardmember, pointed out that this plan (water reuse agreement) was an alternative to Windy Gap in the event it was not developed and that he was very supportive of it. Bob Thompson, research committee of the North Colorado Research Council, noted that his committee is studying water problems in this county and this end of the state and conveyed his committee's concerns about the project. Justus Wilkinson, local attorney, voiced his concerns about this project and the Michigan Ditch upgrading costs. Councilman Wilkinson made a motion, seconded by Council- woman Gray to adopt the Resolution on the proposed reuse agreement with Platte River Power Authority. Yeas: Councilmembers Gray, Russell, Suinn, and Wilkinson. ' THE MOTION CARRIED Ordinance Tabled on First Reading Rezoning Buckeye -North Lemay Property Steve Lauer, attorney for the petitioner, appeared to note that the groups opposing the rezoning have all been contacted and approve their request to table this item until September 5, 1978. Councilwoman Gray made a motion, seconded by Councilman Wilkinson to table Ordinance No. 82, 1978 on first read- ing until September 5, 1978. Yeas: Councilmembers Gray, Russell, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Tabled on First Reading Relating to the use of Streets, Alleys, ' Sidewalks, Plazas, and Malls. - 4 Q'4 August 1, 1978 ' City Manager Arnold noted that the request to table this. item had come from the Downtown Merchants Association. Councilman Wilkinson made a motion, seconded by Council- woman Gray to table Ordinance No. 75, 1978 on first reading until September 5, 1978. Yeas: Councilmembers Gray, Russell, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Tabled on First Reading Repealing of City Code Section Relating to Hawkers and Peddlers City Manager Arnold noted that the request to table this item had come from the Downtown Merchants Association. Councilman Wilkinson made a motion, seconded by Council- woman Gray to table Ordinance No. 83, 1978 on first reading until September 5, 1978. Yeas: Councilmembers Gray, Russell, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Resolution Approving Larimer County/Fort Collins Jail Agreement Following is the City Manager's memorandum on this item: "On May 2nd, Council passed a resolution authorizing the City to enter into an agreement with Larimer County for the conversion of the City Jail into a holding facility for juvenile offenders and for the housing of City prisoners at the Larimer County Jail. The County Commissioners objected to some terms of that agreement and requested the following amendments: (1) That the City pay the County the fee of $1.50 for every meal served to a City prisoner prior to that prisoner's arraignment; (2) That the City pay the costs of any pre -arraignment ambulance, hospital or other medical care. 1 -405- August 1, 1978 Those requested amendments are incorporated in the revised ' agreement. The County Commissioners also requested we include a paragraph concerning the City's obligation for payment of costs in connection with the renegotiation of the agreement after its expiration. We opposed this on the basis that it would place limitations on the scope of our future negotiations. This provision does not appear in the revised agreement. We have attached a letter from Commissioner Thayer concerning that omitted paragraph. We recommend approval of the resolution." Mayor Suinn noted that he had asked that this item be removed from the consent calendar. He asked for clarifi- cation on several items. Assistant City Attorney Don Deagle spoke to Mayor Suinn's concerns and noted that the attempt was to prevent dupli- cation of facilities. Councilman Wilkinson made a motion, seconded by Councilman Russell to adopt the Resolution approving Larimer County/ Fort Collins jail agreement. Yeas: Councilmembers Gray, Russell, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED ' Mayor Suinn polled the audience to see if anyone objected to considering changing the order of the agenda. Bill Brenner, Robb & Brenner, stated that he was present for Item No. 19 and would prefer it not be postponed. Ordinance Adopted on First Reading Amending Maximum Coverage Requirements in the R-L-P Zone Following is the City Manager's memorandum on this item: "The attached ordinance removes the building coverage restrictions for P.U.D.'s in the R-L-P zone. This restriction was initially enacted to ensure the pro- vision of adequate open space. Subsequent amendments made in the P.U.D. ordinance, however, specify the amounts of open and actual recreational space required for all I P,.U.D.'s. The coverage restriction in the R-L-P zone is thus no longer necessary. NEW: August 1, 1978 The Planning and Zoning Board voted unanimously in favor of removing this restriction. We recommend approval." Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt ordinance No. 78, 1978 on First Reading. Yeas: Councilmembers Gray, Russell, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted as Amended on First Reading -Amending tfie-Code Relating to the Deferment of Payment of Assessments Esther Oakes, 912 West Mountain, appeared to voice her concerns regarding the removal of diseased elm trees from public right-of-way. She discussed the time limitations for removal imposed on each property owner, the costs in- volved and stated it was her opinion that the City should pay for the removal. She further noted Her concerns about the use of pine beetle infested trees for firewood. ' Justus Wilkinson, local attorney, expressed the opinion that it was discrimination in that only a certain class of people, who by chance happened to have elm trees planted in front of their homes years ago, were now being forced to bear the expense of having them removed. Council discussed the ramifications and consequences of providing tree removal at City expense and just where the services would stop once the City begins. City Manager Arnold was instructed to explore the various solutions to the problem, bring back cost estimates to Council at a later date and investigate the possible ramifications of accepting such responsibility as it might affect the City in other past and future actions. Councilman Wilkinson made a motion, seconded by Councilman Russell to adopt Ordinance No. 81, 1978 on first reading amending it by adding the word "of" after the phrase "Sections 95-37 through 95-46 inclusive." Yeas: Council - members Gray, Russell, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED -•:407 August 1, 1978 Highland Plaza Subdivision, Preliminary Plat Approved with Provisions Following is the City Manager's memorandum on this item: This is a proposal for 7 camiernial lots on 43.6 acres located on College Avenue north of Harmony FcM. The major concern here is the possible need for a collector street connection from South College to the west across the C&S tracks. Flor this reason, staff reccauends that provisions be made to extern Troutman Parkway to the west. The applicants have agreed to this. Staff also recommends that no private curbcuts onto South College Avenue be allowed. Planning and Toning Board voted unanimously to approve the plat with staff comments being addressed on the final. We concur and recommend approval on this basis. Lloyd McLaughlin, M & I Consulting Engineers, representing the applicant, spoke to the curb cut onto College Avenue and noted a site plan was being prepared to justify that curb cut and asked that it not be ruled out until the site plan can be considered by Council. He next spoke to the extension of Troutman Parkway stating that the applicant has no objections to that. Their concern is that the rail- road would hold up the development of the west side of McClelland creating a slow up in the development of that tract of land and requested that the City pursue that crossing with the Railroad. Marc Middell, Fort Collins Assemblage, Ltd. requested written assurance from Council that there would be some equitable distribution of the costs involved in extending and implementing Troutman Parkway to the west rather than having to absorb the entire cost themselves. City Manager Arnold noted that Mr. Middell's problem could be addressed after annexation in several ways: a general improvement district, a provision of the subdivision regulations that would give a border around the dedicated. street so no one could use the street without participating in the cost or a self -financed joint venture between the neighbors pending the outcome of their design study on frontage roads and streets. 1 -40&- 1 August 1, 1978 ° Council consensus seemed to be that the City would ' attempt to solve Mr. Middell's problem . at time of annexation and after reviewing his plans ,,for the site. . Ed Zdenek, ZVFK Architects, stated that a solution would be to work in good faith with the City in the development of an improvement district on the east side of the road to achieve an equitable solution for an overall land use and road pattern in that area. Councilman Wilkinson made a motion, seconded by Councilman Russell to approve the Highland Plaza Subdivision, pre- liminary plat on first reading with the understanding that unless there is some proof that the crossing situation can be solved with the railroad by the time the final plat is presented for approval, that we not require the perpetual easement for a roadway and that the curb cut issue remain open and be based on the staff recommendation on the final plat. Yeas: Councilmembers Gray, Russell, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED ' Redwood Court, Preliminary Plan Approved Subject to Staff Comments. Following is the City Manager's memorandum on this item: "This is a proposal for 13 rental units on Redwood Street. Staff and the Planning and Zoning Board recommend approval of the plan subject to the following areas being addressed on the final plan: 1. Design of the turnaround to accommodate emergency vehicles. 2. Location of the Greeley water main easement on the site plan. 3. Design of the private drive to meet engineering specifications. We recommend approval of the preliminary plan subject to the above comments. 1 -409- August 1, 1978 Councilman Russell made a motion, seconded by Council- ' woman Gray to approve Redwood Court, Preliminary Plan subject to staff comments. Yeas: Councilmembers Gray, Russell, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Parkwood East Subdivision, Preliminary Plan Approved Subject to Staff Comments Following is the City Manager's memorandum on this item: "This is a proposal for 184 single-family lots and 3 multi- family tracts for the Parkwood East Annexation. Staff and Planning and Zoning Board have no major problems with this proposal. There are several areas, however, which need to be addressed on the final plan. These are: 1. Drainage Plans. 2. Assignment of local street names. 3. The Extension of Stuart Street. ' 4. Bike path intersection with Drake Road, and 5. Standard arterial improvements to Drake Road. We recommend approval of the preliminary providing staff comments are incorporated into the final plans." Councilwoman Gray made a motion, seconded by Councilman Wilkinson to approve the Parkwood East Subdivision, Pre- liminary Plan subject to staff comments. Yeas: Council - members Gray, Russell, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Sundance Hills P.U.D., Revised Preliminary Plan Approved Subject to Staff Comments Following is the City Manager's memorandum on this item: - 410- 1 August 1, 1978 ' "This plan calls for 38 four-plex units to be built around a loop street. There are no major problems with this pre- liminary plan, but before final approval is granted we need: 1. landscape maintenance documents, 2. sidewalks shown on both sides of the internal streets, and 3. a complete drainage report to engineering specifications. We recommend approval with the understanding that the above comments will be addressed with submission of the final plat." Councilman Wilkinson made a motion, seconded by Council- woman Gray to approve the Sundance Hills, P.U.D., Revised Preliminary Plan subject to staff comments. Yeas: Council - members Gray, Russell, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Village West Subdivision, 9th Filing, ' AND Aspen Knolls Subdivision, Final Plat Approved Pending Execution of the Utility Agreement Following is the City Manager's memorandum on this item - "These two plats are being considered under one item because they are adjacent to each other. Preliminary plans for both were approved on April 18. Final plats of both subdivisions are in conformance with the approved preliminary plats. The major issue with both susdivisions, however, concerns drainage. These are the facts: 1. The applicants have applied to the ditch company for the right to drain stormwater into the ditch adjacent to the development. The ditch company has established a moratorium on such requests in order to rework its standards. 2. The engineering staff has requested that consideration be given to carrying the stormwater from these sub- divisions past the irrigation canals to a natural ' drainage course. This is based on the fact that more stormwater has already been directed to the ditches than their capacity allows. The City has received re- '411 - August 1,,1978 quests from the ditch companies for help in controlling ' the problem. Since there are no other problems with these plats, we recommend that they be approved, but that development of the subdivision be staged to allow time to investigate alternative solutions. There are two alternatives immediately apparent: 1. To drain the water from the detention pond into the ditch at a controlled rate of flow, or 2. To divert the water from the detention pond under the ditch to land in the natural drainage course. We think we can decide on one of these solutions by November 15. Until that time, street work could be done and utility lines could be installed. No home construction, however, would be permitted. If Council agrees, this "staging" of development can be in- corporated into the subdivision agreement. We recommend approval of the final plats of both Village West 9th and Aspen Knolls, with the understanding that development will be staged to allow time to investigate ' drainage solutions." Councilwoman Gray made a motion, seconded by Councilman Wilkinson to approve the Village West Subdivision, 9'th filing. Final Plat AND the Aspen Knolls Subdivision,Final Plat conditioned on the execution of the utility agreement. Yeas: Councilmembers Gray, Russell, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Svitak - Missile Silo Road Out -of -City Utility Service Request,No Action Taken Following is the City Manager's memorandum on this item: We have received a request for water service to 6 proposed building sites located at the foot of Poudre Canyon off Colorado Highway 14, one mile west of Ted's Place at the intersection of Highway 14 and U. S. 287. This request was made in conjunction with a request for rezoning this site from County "Open" to the Forestry Zone. ' -412- Aggust 1, 1978 The County Planning Camdssion recommends approval of the rezoning request subject to provision of water to the site by the City. The Water and Sewer Department indicates that we do have the technical capability to provide the water. The Planning and Zoning Board reviewed this request from a lard use Point of view on July 24. The Board voted 4-1 to recamnend to the County that the rezoning request be denied. Further, the Planning and Zoning Board reco miended to Council that water service not be supplied to the site for any uses at a higher density than the current 0 Zoning would allow. Staff concurs with this position. request. We therefore recommend denial of the out -of -city utility service Jim Martel, attorney representing Mr. Svitak and the other owners, noted that the problem arose when the owners applied for a rezoning to the Larimer County Planning Commission. The Commission recommended approval of the rezoning conditional upon the owners obtaining City water. Mr. Martel noted that Mr. Svitak had received a letter from Tom Hays, Senior Water Engineer stating that their request for City water services had been approved subject to several conditions. He en- couraged the Council to approve his clients' request for out -of -city water service. Councilman Wilkinson expressed concerns relative to making decisions on property located so far from the City and expressed his desire to serve the area with water if that is the Water and Sewer Department recommendation. Councilwoman Gray stated that she felt the City has no business serving that area and that she did not feel bound by Mr. Hays' letter. Councilwoman Gray made a motion to deny the Svitak-Missile Silo Road out -of -City utility service. The motion died for lack of a second. Councilman Russell made a motion, seconded by Councilman Wilkinson to approve the Svitak - Missile Silo Road Out -Of - City Utility Service Request. Yeas: Councilmembers Wilkinson and Russell. Nays: Councilmembers Gray and Suinn. THE MOTION FAILED Citizen Participation -413- August 1,1978 Jim Graham, Foreign Student Advisor, Colorado State University, ' requested that Council consider amending the City's human rights ordinance by including the word "citizenship" as one of the tenets against which discrimination is prohibited. He noted that the Supreme Court had recently ruled that national origin and citizenship were not the same thing making en- forcement of the ordinance difficult in cases of alleged discrimination solely on the basis of citizenship. He stated foreign students and faculty at Colorado State University had encountered situations where landlords had refused to rent to or renew leases because the person involved was foreign. Councilman Wilkinson questioned whether these refusals were only on the basis of non -citizenship or whether there were other factors involved. He requested further documentation on both sides of the question. Staff was directed to investigate the problem and bring it back to Council. Angus McNeil, appeared to discuss the City's Green River ordinance and the problems associated with it. He suggested several changes be made to the ordinance to allow certain I types of soliciting. Council's consensus was to leave the ordinance in its present form in order to protect the citizens' privacy. Executive Session Authorized Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adjourn into executive session to discuss land purchases. Yeas: Councilmembers Gray, Russell, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Vacating a Right of Way for a Public Road Following is the City Manager's memorandum on this item: "Ordinance No. 76 vacates a 100-foot right of way in Edora I Acres which we originally acquired for the possible extension of Riverside Avenue south of Prospect Street. Development 414- August 1, 1978 of Edora Park eliminated this possibility. Actual develop- ment of the land between Prospect Street and Edora Park involves a 60-foot right of way for Riverside on a different location than the original dedication. Owners of the adjoining land ask that the original dedication be vacated, and have supplied a dedication for the street in its present location. We recommend approval of this ordinance on first reading." Councilwoman Gray made a motion, seconded by Councilman Russell to adopt Ordinance No. 76, 1978 on first reading. Yeas: Councilmembers Gray, Russell, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Vacating an Easement in the Stadium Heights Subdivision Following is the City Manager's memorandum on this item: "The applicant is requesting the vacation of a utility easement originally platted between Lots 45, 46, and 47 in the Stadium Heights Subdivision. A new easement exists 20 feet to the south which will accommodate all necessary utilities. All concerned departments and agencies have no objections to the request. Staff recommends approval." Councilwoman Gray made a motion, seconded by Councilman Russell to adopt Ordinance No. 77, 1978 on first reading.' Yeas: Councilmembers Gray, Russell, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Amending the Code Relating to Jobbers Licenses Following is the City Manager's memorandum on this item: "Presently, our Code provides that those operating under a ' jobbers license can perform work valued up to $1,000. The Building Board of Appeals recommends that we increase this amount to $2,500. This provision has not been amended for some time, and inflation alone justifies this increase. - 415- August 1, 1978 We recommend approval of Ordinance No. 79." ' Councilman Suinn made a motion, seconded by Councilman Gray to adopt Ordinance No. 79, 1978 on first -reading. Yeas: Councilmembers Gray. Russell, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted on First Reading Relating to the Placement of Fences Following is the City Manager's memorandum on this item: "We need to amend our fence section of the Code dealing with the maximum size of the fence in relation to front -yard set- back so tKa t it reflects the recent reduction from 30 to 20 feet in setback requirements for single-family residences. (Council approved a similar revision at its last meeting, however, that amendment dealt only with minimum sizes of fences in relation to setbacks.) Ordinance No. 80 amends our fence code to comply with the reduced requirement. We recommend approval." ' Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 80, 1978 on first reading. Yeas: Councilmembers Gray, Russell, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Other Business City Manager Arnold called Council's attention to the tour of the National Cash Register facility in Colorado Springs scheduled for August 9th and to the expressway hearing to be held that evening at the Courthouse. He noted that Council had a copy of an agreement from Platte River Power Authority to amend their by-laws to allow them to call a regular meeting by unanimous consent rather than by Resolution. Platte River Power Authority needs Council's - 416- 1 August 1, 1978 indication that they support this amendment. Councilman Wilkinson made seconded by Councilman Suinn to indicate to Platte River Power Authority that the Fort Collins City Council supports the proposed amendment to their by-laws as described above. Yeas: Councilmembers Gray, Russell, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Adjournment Mayor Suinn declared the meeting adjourned at 12:30 a.m. ATTEST: City Clerk yzz�i� __J Ma r -417