HomeMy WebLinkAboutMINUTES-11/01/1977-RegularNovember 1, 1977
' COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council - Manager Form of Government
Regular Meeting - 5:30 p.m.
A regular meeting of the Council of the City of Fort Collins was
held on November 1, 1977 at 5:30 p.m, in the Council Chambers in
the City of Fort Collins City Hall. Roll call was answered by the
following Council members: Bloom, Bowling Russell, St. Croix,
Suinn and Wilkinson.
Secretary's Note: Councilwoman Gray arrived at 5:35 p.m.
Staff Members Present: Arnold, Lanspery, Kaplan, Thexton, Bingman,
Deibel, Wood, Liley and Lewis.
Also: City Attorney Arthur March, Jr.
Minutes of the Regular Meeting of October 4,
1977, Approved as Published.
' Councilman Suinn made a motion, seconded by Councilman Wilkinson to
approve the minutes of the regular meeting of October 4, 1977 as
published: Yeas: Councilmembers Bloom, Bowling, Russell, St. Croix,
Suinn and Wilkinson. Nays: None
THE MOTION CARRIED
Ordinance Adopted on Second Reading Assessing
the cost of Sidewalk Improvement District No. 6.
Following is the City Manager's memorandum on this item:
"This ordinance was passed on first reading at the October 18th regular
Council meeting and provides for installing sidewalk improvements in
the following locations:
1. Stuart Street, south side between Busch Court and Lemay
Avenue.
2.
Locust Street,
north
side
between Peterson Street and
Stover Street.
3.
Locust Street,
south
side,
from Stover Street one-half
block east.
4.
Pitkin Street,
south
side
between Peterson Street and
Stover Street.
'
S.
Stover Street, east
Elizabeth Street.
side between
Locust Street and
6.
Stover Street,
east
side,
from Stuart Street, one-half
block north."
X31
November 1, 1977
Councilman Wilkinson made a motion, seconded by.
adopt Ordinance No. 122, 1977 on second reading.
Russell, St. Croix, Suinn and Wilkinson. Nays:
THE MOTION CARRIED
ORDINANCE NO. 122, 1977
BEING AN ORDINANCE ASSESSING THE COST
IN SIDEWALK IMPROVEMENT DISTRICT NO. 6
FOR THE PAYMENT AND COLLECTION THEREOF
Cquncilman.Su3nn.to
Yeas: Bloom, Bowling,
None
OF IMPROVEMENTS
AND PROVIDING
WHEREAS, heretofore by appropriate Ordinances and
resolutions duly adopted by the Council of the City of Fort
Collins, there was established Sidewalk Improvement District
No. 6 for the purpose of installing sidewalks on certain
streets in the City of Fort Collins, Colorado, all pursuant
to Chapter 16 of the Code .of the City of Fort Collins; and
WHEREAS, pursuant to said ordinances
said improvements have been installed and
City of Fort Collins, Colorado; and
and resolutions,
accepted by the
WHEREAS, upon accepting said improvements, the City
Council adopted the report of the City Engineer respecting
the cost of such improvements and the schedule of assessments
prepared by the City Engineer and ordered notice to be
published as provided in Chapter 16 of the Code of the City
of Fort Collins, which said notice was duly published as
therein provided; and
WHEREAS, October 18, 1977, is the date set for the
hearing of complaints and objections and the determinations
of the same and for acting upon an ordinance assessing the
cost of such improvements; and
WHEREAS, all complaints and objections in writing filed
by property owners within the District have been considered
by the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Q"
2.3Z
1
Section 1. That the total cost of the improvements in
Sidewalk Improvement District No. 6, including the cost of
engineering, legal, publication, interest during construction
and collection, to -wit: $7,582.76, less the portion of said
cost to be paid by the City of Fort Collins, to -wit: $1,315.30,
is hereby assessed upon the real estate in said District in
accordance with the provisions of Chapter 16 of the Code of
the City of Fort Collins, and the proportion of said costs
assessed upon each lot or tract of land in said District
shall be as follows:
3E' ST 11
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7$'89
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3d'00
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SIDEWALK IMIPFmVFSESTT DISTRICT NO. 6
Stoner, S. Edward/Phyllis A. iot 14, Dian Hills First, FTC.
701 Cherokee
Fort Collins, Colorado 80521
Parcel No. 97241-10-014
Zienholz, Eldon W./Barbara S. lot 43, Indian Hills Second, FI'C.
'33 Stuart
Fort Collins, Colorado 80521
Parcel No. 97241-10-043
Laconte, Joe/Rose Beg at NE cor of SE of NW 24-7-69 wh sd
1690 W. 71st Avenue cor bears S 7�' W 1321.10 ft from N
kivada, Colorado 80004 cor of sd sec; th S 7'' W 1262.40 ft, N
arcel No. 97242-04-004 71 14' W 129.80 ft, N 42 55' W 188.80
ft, N 64 26' W 116.20 ft, N 72 36' W
78.50 ft, S 73 38' W 57.60 ft, N 7'h' E
1024.30 ft, N 89 56' E 486.60 ft to PO$,
FTC.
Thomas, William A.
1630 S. College .
Fort Collins, Colorado 80521
Parcel No. 97131-23-023
lot 23, Roy E. West's, FIC.
FRONTAGE ASSESSMENT TOTAL
IN FEET RATE ASSESSMENT
135.00 $5.382 $ 726.57
Plus: Cost of sprinkler relocation + 234.00
Less: Credit for 130.02 sq. ft. of - 17494
existing walk
$ 785.63
129.95 $5.382
Less: Credit for 86.68 sq. ft. of
existing walk
Plus: Additional 51.65 sq. ft. of
work on Stover
486.60 $5.382
Plus: Cost of new driveway
Less: Credit for 290.40 sq. ft
of walk not built
210.00
$5.382
Plus: Cost of tree root pruning
Less: Credit for 119.34 sq. ft.
of existing walk
a
$ 699�39
- 116.63
+ 69.49
$ 65Z.=
$ 2,618.88
+ 266.76
- 390.73
$ 2,494.91
a
c
a
$ 1,130.22 ,
+ 36.56 :
- 160.57
$ 1,006.21
'
SIDE TALK IMPRDVR7E UjMCT
NO. 6
DESCRIPTION
FRONTAGE ASSESSMENT.
TOTAL
IN FEET - RATE ASSESSMENT
Dale M./Linda M.
Lot 3, Roy West's of Blk 188, FTC.
80.00 $5.382
$ 430.56
I
ocust
Collins, Colorado 80521
Plus: Cost of tree root pruning
+ 36.56
1 No. 97131-23-003
Less: Credit for 196 sq. ft. of
- 263.72
,
existing walk
$ 203.40
H
sn.
Richard O./Carol B.
lot 21, Roy West's of Blk 188, FTC.
190.00 $5.382
$ 1,022.58
Elizabeth
Plus: Cost of removing 24 SF of
+ 11.23
Collins, Colorado 80521
walk
1 No. 97131-23-021
Plus: Cost of tree root pruning
+ 73.13
N
Plus: Additional 7.93 sq. ft. at
+ 10.67
W
S. drive
J
h
Less: Credit for 112.97 sq. ft of
- 152.00
existing walk
$ 965.61
Billy Lee/Gisela K.
Lot 25, Roy West's of Blk 188, FTC.
60.82 $5.382
$ 327.33
ocust
Less: Credit for 85.28 sq. ft. of
- 114.74
Collins, Colorado 80521
walk
0
e
1 No. 97131-23-025
m
Less: Credit for 1 ft. of walk
- 53.14
0,
width
$ 159.95
N•
yi
Total Assessable Cost
$ 6,267.46
v;
City Cost
1,315.30
Total Cost of Project
$ 7,582.76
Section 2. All assessments herein provided for shall
be due and payable within thirty (30) days after the final
publication of this ordinance, without demand, provided that
all such assessments may, at the election of the owners of
the property assessed, be paid in ten equal installments,
the first installment being due on the first day of November,
1978, and on the first day of November of each year thereafter
until the full amount thereof has been paid, together with
interest on the unpaid principal at the rate of six percent
(68) per annum, said interest to be payable at the time of
the principal payments. Failure to pay the whole of such
assessment within thirty (30) days as aforesaid shall be
conclusively considered and held as an election on the part
of the persons interested, whether under disability or
otherwise, to pay in such installments.
Section 3. In the case of election of any person to
pay in installments as aforesaid, the failure to pay any
w
installment when due, whether on principal or interest,
shall cause the whole of the unpaid principal to become due
and payable immediately and the whole amount of unpaid prin-
cipal and accrued interest shall thereafter draw interest at
the rate of one percent (18) per month until the date of
sale as hereinafter provided; provided, however, that at any
time prior to the date of sale, the owner of the property
z
assessed may pay the amount of all unpaid and due install-
g
ments, together with all interest that has accrued as afore-
said, and all penalties accrued, and upon such payment shall
be restored to the right to pay the installments in the same
manner as if.the default had not occurred. The owners of
y
any property not in default as to any installments or payments
may at any time pay the entire unpaid balance of principal,
14
together with interest accrued thereon, to the first day of
the month following such payment.
Section 4. Payments may be made to the Director of
N i
Finance at any time within thirty (30) days after the final
-' publication of ordinance and in such event an allowance
-
S
-this
of five percent -(58) as a.discount shall be made on all
payments during such period only.
ti
Section 5. In case of the default in the payment of
any installment of principal or interest when due, all
property concerning which such default is suffered shall be «
advertised by the County Treasurer and sold for the payment
of the entire unpaid assessment thereon at the same time or w
times and in the same manner under all the same conditions
and penalties and with the same effect as provided by law
for the sale of real estate in default of the payment of
general taxes, all as provided by Chapter 16 of the Code of
the City of Fort Collins.
Section 6. The Director of Finance shall prepare the
foregoing assessment roll.in proper form as provided in
Chapter 16 of the Code of the City of Fort Collins, and
shall keep a record of all payments made during the thirty -
day, period after the final publication of this ordinance and
updn the expiration of said thirty -day period, he shall
deliver said assessment roll to the County Treasurer of
Larimer County with his warrant for collection of the same,
all as provided in Chapter 16 of the Code of the City of
Fort Collins.
Section 7. 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• z
for all such collections for each month in the same manner
as general taxes are paid by the County Treasurer to the
City. o
Section 8. The owner of any divided or undivided
interest may pay his share of any assessment upon producing
evidence of the extent of his interests satisfactory to the
officers having the roll in their charge. �'
Section 9. If any property owner eligible therefor is
granted a deferment from the assessments made by this ordin-
ance pursuant to the provisions of Ordinance No. 106, 1973,
then the lien created on such owner's property by this
ordinance shall remain in full force and effect, but the
same shall not be due or payable until the deferment granted
pursuant to Ordinance No. 106, 1973 has expired.
Introduced, considered favorably on first reading, and
ordered published this 18th day of October, A.D. 1977, and
to be presented for final passage on the 1st day of November,
A.D. 1977.
A ST:
0 Ci y Clerk /
Passed and adopted on final reading this 1st day of
November, A.D. 1977.
ATTEST
City —Clerk
First Reading: October 18, 1977 (Vote: Yeas:
Second Reading: November 1, 1977 CVote: Yeas:
Dates Published: October 23, 1977 and November 6, 1977
Attest':
7, Nays: 0)
6, Nays: 0)
City Clerk
i78r ,i 'iei r, L.. :'G
November 1, 1977
Ordinance Adopted on Second Reading pacatkng
' Johnsmith Street and a Ditch Easement Dedi-
cated in the Strachan'Subdivision; First Filing.
Following is the City Manager's memorandum on this item:
"This ordinance was passed on first reading at the October 18th
regular meeting.
These vacations became necessary when the developer re -subdivided
for a different development concept which changed the Council -
approved original plat."
Councilman Suinn made a motion, seconded by Councilman Wilkinson
to adopt Ordinance No. 123, 1977 on second reading. Yeas: Bloom,
Bowling, Russell, St. Croix, Suinn and Wilkinson. Nays: None
THE MOTION CARRIED
' ORDINANCE NO. 123 , 1977
BEING AN ORDINANCE VACATING JOHNSMITH STREET
AND A DITCH EASEMENT D4DICATED IN THE
STRACHAN SUBDIVISION, FIRST FILING
. WHEREAS, the plat of the Strach;tn Subdivision, First Filing, dedicated
to the City Johnsmith Street as shown 'on said subdivision plat and an
easement for a ditch as shown on such plat; and
WHEREAS, Johnsmith Street as laid out and dedicated on said plat
has not been opened to the public and the owner of all property abutting
such. street has requested that the street be vacated and the street is
not needed for municipal purposes now or in the future; and
WHEREAS, the ditch for which the ditch easement was established
through said subdivision has been abandoned and, therefore, the easement
for such ditch is no longer needed nor will the same be needed for
municipal purposes in the future; and
WHEREAS, the City Council desires to vacate such street and ditch
easement.
�39
November 1, 1977
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that that certain street shown on the plat of Strachan Subdivision,
First Filing, designated as Johnsmith Street and that certain ditch
easement shown on said subdivision plat be, and the same hereby are,
vacated, abated and abolished.
Introduced, considered faborably on first reading and ordered
published this 18th day of October , A.D. 1977, and to be presented
for final passage on the 1st day of November , A.D. 1977.
ATTEST:
City Clerk
Passed and adopted on final readine this 1st day of November
A.D. 1977.
ATTEST•
ity Clerk
First Reading: October 18, 1977 (Vote: Yeas: 7, Nays: 0)
Second Reading: November 1, 1977 (Vote: Yeas: 6, Nays: 0)
Dates Published: October 23, 1977 and November 6, 1977
Att t•
City Clerk
Ordinance Adopted on Second Reading Desig-
nating the Montezuma Fuller House as an
Historic Landmark.
Following is the City Managers memorandum on this item:
"This ordinance was passed on first reading at the October 18, 1977 regular
Council meeting.
The Cultural Resources Board recommended that the Montezuma Fuller House
located at 226 West Magnolia be designated as an historic landmark, and the
owner has signed the consent."
1
�.4 0
November 1, 1977
Councilman Suinn made a motion, seconded by Councilman Wilkinson
' to adopt Ordinance No. 124, 1977 on second reading. Yeas: Bloom,
Bowling, St. Croix, Suinn and Wilkinson. Nays: Russell
THE MOTION CARRIED
ORDINANCE NO. 124 , 1977
BEING AN ORDINANCE DESIGNATING CERTAIN
PROPERTY AS A LANDMARK
WHEREAS, the Cultural Resources Board has recommended to
the City Council the designation of the property hereinafter
described as a landmark; and
WHEREAS, the owners of said property have consented to
the designation of the same as a landmark; and
WHEREAS, the City Council has reviewed the recommendation
of the Cultural Resources Board and desires to accept such
' recommendation and designate said property as a landmark.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the structure known as the Montezuma Fuller
House, located on lands described as follows, to -wit:
The south 100 feet of Lot 18, EXCEPT beginning
16 feet North of the Southwest corner of said
Lot 18, thence East 2 feet, thence North 16
feet, thence West 2 feet, thence South 16 feet
to the point of beginning; in Block 103, in
the City of Fort Collins, Colorado, according
to F.J. Spencer's Subdivision plat of Lots 14,
15 and 16 in Block 103 filed March 12, 1880;
Larimer County, Colorado;
be and the same hereby is, designated as a landmark in accordance
with the Ordinances of the City of Fort Collins.
299,
a-5�/
CC?t .1 f!>:,
November 1, 1977
Introduced, considered favorably
published this 18th day of October
presented for final passage on the is
1977.
ATTEST:
y Clerk
on first reading, and ordered
, A.D. 1977, and to be
t day of November , A.D.
Passed and adopted on fina1^' ,1'" of
A.D. 1977.
ATTEST:
ty Cler /
First Reading: October 18, 1977 (Vote: Yeas: 7, Nays: 0)
Second Reading: November 1, 1977 (Vote: Yeas: 6, Nays: 1)
Dates Published: October 23, 1977 and November 6, 1977
Attest:
L/ -t%?iG�a� �C goo
City Clerk
Ordinance Adopted on Second Reading Concerning
the Annual Appropriation Ordinance for the 1978
Calendar Year.
Following is the City Manager's memorandum for this item
"This ordinance, which allows for $40,669,123 in expenditures in the 1978
calendar year, was approved on first reading at the October 18th regular
Council meeting."
Councilman Suinn made a motion, seconded by Councilman St. Croix to adopt
Ordinance No. 125, 1977 on second reading. Yeas: Bloom, Bowling, Russell,
St. Croix, Suinn and Wilkinson. Nays: None
THE MOTION CARRIED
2SE
A Y2
November 1, 1977
' ORDINANCE N0.125, 1977
BEING THE ANNUAL APPROPRIATION ORDINANCE
RELATING TO THE ANNUAL APPROPRIATIONS FOR
THE FISCAL YEAR BEGINNING JANUARY 1, 1978,
AND ENDING DECEMBER 31, 1978, AND MAKING
THE MILL LEVY FOR SAID FISCAL YEAR
BE IT ORDAIM) BY THE COUNCIL OF b E CITY OF FORT COLS INS:
Section 1. That there be, and is hereby, appropriated out of the
revenues of the City of Fort Collins for the fiscal year beginning January 1,
1978, and ending December 31, 1978, the sum of $40,669,123 to be raised by
taxation and otherwise, which sun is hereby divided and appropriated for the
following purposes, to -wit:
Disbursements by Appropriations:
GENERAL FUND:
Boards and Commissions ........................
$ 2,260
CityAttorney .................................
115,825
City Clerk ...................................
118,025
City Council.....
58,285
City Manager
Administration .............................
70,645
Budget and Research :.......................
46,150
Public Information .........................
15,850
Internal Auditing ..........................
24,485
Community Projects and Open Space .............
56,990
Finance
Administration .............................
45,970
Research and Development ...................
22,680
Accounting .................................
129,620
Revenue ....................................
482,350
G.A.S.
Administration .............................
47,965
Personnel ..................................
103,075
Purchasing ................... .............
96,060
Management Information Systems .............
295,275
Building Repair and Maintenance ...........
285,630
Employee Health and Safety .................
40,475
Stock Control ..............................
177,960
Municipal Court ...............................
70,725
Human Resources
Administration .............................
44,335
Social Services ............................
150,800
Human Rights and Affirmative Action ........
22,090
'
Housing Administration
36,170
Planning
165,200
259
A%3
November 1 , 1977
Fire
Administration ..............................
'
$ 112,130
O mmnications ..............................
67,070
Prevention ..................................
45,975
Training ....................................
32,695
Firefighting ................................
1,005,980
Police
Office of the Chief of Police ...............
70,530
Uniformed Services ...........................
1,066,235
Planning, Budgeting and Admunisfration ......
305,195
Investigative Division ......................
376,930
Engineering Services
Administration ..............................
62,390
Building Inspection .........................
243,650
Engineering.................................
380,010
Streets.....................................
697,920
Traffic .....................................
588,585
Cultural Affairs
Administration .............................
38,615
Lincoln Community Center ....................
90,775
Museum ......................................
53,005
Historic Landmarks ..........................
2,780
Library
Administration ..............................
129,395
Technical Services ..........................
68,625
Public Services .............................
324,055
'
Parks and Recreation
Administration ..............................
48,175
Recreation ..................................
666,330
Parks.......................................
527,505
Forestry....................................
109,100
Cemeteries ..................................
194,940
Special Items
Workmen's Compensation ......................
60,000
Salary and Fringe Benefit Improvements ......
450,000
Liability Insurance .........................
101,670
Airport Board Contribution ..................
17,500
Contingency .................................
100,000
Total ..........................................
$10,762,660
LESS IN1ER-FUND TRANSFERS ......................
177,960
TOTAL GENERAL FUND .............................
$10,584,700
Capital Improvements Fled
Severn -Year Capital Program ..................
3,000,053
Parkland_ Development Program ................
516,359
Conservation Trust Program ...................
14,330
Total ..........................................
'
$ 3,530,742
2f(i
Aq4
CEI ,t s:i: November 1, 1977
' LESS INTER -FUND TRANSFME S ....................... $ 323,779-
1= CAPITAL IWROVEMM FUND........ S 3,206,963
Revenue Sharing ................................. $ 1,381,350
LFSS INTIER-FM TRiAMFERS ....................... 1,381,350
TOTAL REVENUE SOARING ............................ $ -0-
TOTAL CONKR= DEVELOPMENT ..................... $ 622,000
TOTAL EMNOMLC DEVELOPMENT ACT .................. $ 756,000
Equipment Fund .................................. $ 1,508,347
LESS INTER --FUND TRANSFERS ....................... 1,508,347
TOTAL BWIPMENT FUND ............................ $ -0-
TOTAL GOLF FUND ................................. $ 313,615
TOTAL TRANSFORT FUND ............................ $ 156,835
Fund
' Water ......................................
operating $ 4,028,904
Capital 8,339,000
DebtService ................................. 254,100
Total ........................................... $12,622,004
LESS INTER -FUND TRANSFERS ....................... 2,716,803
TOTAL WATER FUND .........' ....................... $ 9,905,201
Sewer Fund
Operating .................................... $ 3,024,062
Capital 1,435,000
DebtService ................................. 361,075
Total ........................................... $ 4,820,137
LESS INTER -FUND TRANSFERS ....................... 1,745,378
TOTAL SZgER FUND ................................ $ 3,074,759
Licit and Power Fund
Operating .................................... $10,937,365
' Capital ........ ............................... 3,112,140
Total $14,049,505
i44i*
2q.r
November 1, 1977
LESS INTER -FUND TRANSFERS ........................ $ 2,000,455
TOTAL LIGHT AND POWER FUND ....................... $12,049,050 '
GRAND TOTAL EXPENDITURES ......................... $40,669,123
Section 2. That for the purpose of providing necessary funds for meet-
ing the appropriations set forth in Section 1 of this ordinance a levy of 9.1
mills upon each dollar of the assessed valuation of all taxable property within
the corporate limits of the City of Fort Collins is hereby made and assessed.
Such levy represents the amount of taxes for City purposes necessary to provide
for payment during the ensuing budget year of all properly authorized demands
against the City, taking into account all of the revenues and funds to be
received by the City. Said mill levy of 9.1 mills 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 the Charter of the City of Fort Collins.
Introduced, considered favorably on first reading, and ordered published
this 18th day of October, A.D. 1977, and to be presented for final passage on
the 1st day of November, A.D. 1977.
ATTEST
L'
Passed and adopted on final reading this 1st day of November, A.D.
1977.
ATTEST:
V
City erk
1
a.4 4
November 1, 1977
' First Reading: October 18, 1977 (Vote: Yeas: 7, Nays: 0)
Second Reading: November 1, 1977 (Vote: Yeas: 6, Nays: 0)
Dates Published: October 23, 1977 and November 6, 1977
Att
City Clerk
Ordinance Adopted on Second Reading
Amending the Parkland Fee.
Following is the City Manager's memorandum on this item:
"Ordinance No. 126, 1977, was passed on first reading at the October 18th
City Council meeting.
This ordinance raised the Parkland Fee from $235 per dwelling unit to
$250 per unit. This represents a 6% increase and is based upon an evaluation
of cost increases in the area of park construction which we feel is adequate
to cover our expenditures."
Councilman Russell made a motion, seconded by Councilman Bowling to adopt
' Ordinance 126, 1977 on second reading. Yeas: Bloom, Bowling, Russell,
St. Croix, Suinn and Wilkinson. Nays: None
THE MOTION CARRIED
ORDINANCE NO. 126 , 1977
BEING AN ORDINANCE AMENDING SECTION 82-3
OF THE CODE OF THE CITY OF FORT COLLINS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Section 82-3 of the Code of the City of Fort Collins be,
and the same hereby is, amended by deleting therefrom the words
and figures: "two hundred thirty-five dollars ($235.)" wherever
the same appears in said section and by substituting therefor
the words and figures: "two hundred fifty dollars ($250.)".
Ay>
November 1, 1977
Introduced, considered favorably on first reading, and ordered
published this 18th day of October , A.D. 1977, and to be
presented for final passage on the 1st day of November , A.D. 1977
ATTEST:
Z/,:
City Clerk
Passed and adopted on final reading this
A.D. 1977.
ATTEST:
i y Clerk
1st day Of November,
First Reading: October 18, 1977 (Vote: Yeas
Second Reading: November 1, 1977 (Vote: Yeas
Dates Published: October 23, 1977 and November 6, 1977
Attest* �
City Clerk
Ordinance Adopted on Second Reading Zoning
Property Known as Harmony Third Annexation.
Following is the City Manager's memorandum on this item:
7, Nays: 0)
6, Nays: 0)
11
"The Harmony Third Annexation extends along Harmony Road from the present
City Limits on Lemay Avenue to, and including a portion of the Hewlett-
Packard site. The annexation includes Harmony Road Mobile Home Park, the I
undeveloped lands adjoining the park on the north and west, and both sides
of Harmony Road for the full length of the Annexation.
2$#
XY-0
C\8i ,i .efmm,C'S
November 1, 1977
1
This ordinance zoning the Harmony Third Annexation was passed on first
reading at the October 18th Council meeting. At this time, the Council
placed approximately 160 acres to the north and west of the,Mobile Home
Park in the T-Transition Zone, and the small portion of Hewlett-Packard
property in the I-L, Limited Industrial Zone. Council further decided,
with regard to the Harmony Mobile Home Park, to place all 80 acres in the
M-M, Medium Density Mobile Home District."
Councilman Suinn made a motion, seconded by Councilman Wilkinson to adopt
Ordinance 127, 1977 on second reading. Yeas: Bloom, Bowling, Russell,
St. Croix, Suinn and Wilkinson. Nays: None
THE MOTION CARRIED
ORDINANCE NO. 127 , 1977
BEING AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE OF
THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING
ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE
PROPERTY INCLUDED IN THE HARMONY THIRD ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
BE IT ORDAINED BY THE COUNCIL, OF THE CITY OF FORT COLLINS:
Section 1. That the Zoning District Map adopted by Chapter 118
of the Code of the City of Fort Collins be, and the same hereby is,
changed and amended by including the property known as the Harmony
Third Annexation to the City of Fort Collins, Colorado, in the I -I.„
Liunted Industrial District, the T, Transition District and the
M-M, Medium Density Mobile Home District, as follows:
(a) I-L r;,,,ited Industrial District.
Commencing at a point on the West line of the Southwest
1/4 of Section 33, Township 07 North, Range 68 West of
the 6th P.M., which is N 00 00 11 E 143.8 feet from
the Southwest corner of said Section 33, thence N 00°
00'11" E 128 24 feet, thence N 89 39'48" W 2542.30 feet,
thence S 00 2O'l2" W 135.79 feet to the North line of
State Highway No. 68, thence Westerly along said North
line to the point of beginning.
2"
2q9
November 1, 1977
[a]
T, Transition District.
Beginning at a point which is N 00000124" E 243.13 feet
from the center corner of Section 32, Town8hip 7 North,
Range 68 West of the 6th P.M., thence S 89 46'47" W
509.84 feet, thence S 41°38'02" W 314.89 feet, thence
N 89 31 26 W 604.32 feet, thence S 00 02'34" W 2624.82
feet to the North line of State Highway No. 68, thence
Westerly along said North line to the Western boundary
of the tract petitioned for annexation, thence along
said West boundary N 00°04'44" E 2627.93 feet and again
N 00°01'49" W 1330.16 feet to the North line of the
South 1/2 of the Nor�hwest 1/4 of said Section 32, thence
along that line S 89 27'57" E 2616.52 feet to the North-
east corner of the Sout� 1/2 of the Northwest 1/4 of said
Section 32, thence S 00 00'24" W 1084.37 feet to the
point of beginning.
(c) M-M Medium Density Mobile Home District.
Commencing at a point which is N 00000'24" E 243.13 feet
from the center corner of Section 32, Town8hip 7 North,
Range 68 West of the 6th P.M., thence S 89 46'47" W
509.84 feet, thence S 41°38'02" W 314.89 feet, thence
N 89 31'26" W 604.32 feet, thence S 00 02'34" W 2624.82
feet to the North line of State Highway No. 68, thence
Easterly along said North line to the Nort8 and South
centerline of said Section 32, thence N 00 00'24" E
along said North and South centerline 2866.77 feet to
the point of beginning.
Section 2. The City Engineer is hereby authorized and directed
to amend said Zoning District Map in accordance with this ordinance.
Introduced, considered favorably on first reading, and ordered
published this 18th day of October , A.D. 1977, and to be presented
for final passage on the 1st day of November , A.D. 1977.
Mayor ,
ATTEST: �—
iitf Cler
1
721 , 17sdr,:,
November 1, 1977
1
1
Passed and adopted on final reading this
A.D. 1977.
ATTEST:
ity C erk
1st day -,of November,
First Reading: October 18, 1977 (Vote: Yeas: 4, Nays: 3)
Second Reading: November 1, 1977 (Vote: Yeas: 6, Nays: 0)
Dates Published: October 23, 1977 and November 6, 1977
Attest,
City Clerk
Ordinance Adopted on Second Reading Vacating
a Portion of an Easement in the Harvard Sub-
division Second Filing.
Following is the City Manager's memorandum on this item:
"Ordinance No. 127, 1977, was passed on first reading at the October 18,
1977, City Council meeting.
This ordinance became necessary when the owners of Lot 1 in the Harvard
Subdivision, Second Filing, were in the process of constructing a building
on the North 80 feet of the property, and the footings were placed some
four feet to the North of the intended location.
This ordinance vacates four feet of the easement which will in no way
adversely affect the public interest."
Councilman Wilkinson made a motion, seconded by Councilman Russell to
adopt Ordinance No. 128, 1977 on second reading. Yeas: Bloom, Bowling,
Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None
THE MOTION CARRIED
2=
1b/
November 1, 1977
ORDINANCE NO. 128 , 1977
BEING AN ORDINANCE VACATING A PORTION OF
AN EASEMENT IN THE HARVARD SUBDIVISION, SECOND FILING
WHEREAS, the plat of the Harvard Subdivision, Second
Filing, dedicated to the City, of Fort Collins an easement
for utilities and irrigation over, across and under the
north 20 feet of Lot 1, Harvard Subdivision, Second Filing;
and
WHEREAS, such easement is of more width than needed and
the owner of the property across which the same is located
has requested that the City of Fort Collins vacate a portion
of the easement; and
WHEREAS, the portion of the easement for which request
is made for vacation is not needed for municipal purposes
nor will the same be needed for municipal purposes in the
future.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF FORT COLLINS that the following described portion of
an easement across Lot 1 of the Harvard Subdivision, Second
Filing, to -wit:
The Southerly four (4) feet of the Northerly twenty
' (20) feet, except the Easterly ten (10) feet and the
Westerly six (6) feet thereof, all in Lot 1 of Replat
of Lot 1 of Harvard Subdivision, Second Filing, in the
City of Fort Collins, Colorado;
be, and the same hereby is, abated, vacated and abolished.
Introduced, considered favorably on first reading and
ordered published this 18th day of October , A.D.
1977, and to be presented for final passage on the 1st day
of November , A.D. 1977.
ATTES �� DIayor
City Clerk
Passed and adopted on final reading this 1st day of
November , A.D. 1977.
ATTEST
City Clerk
1
1
� 2J z
C y Q [ , [ ",-3 1,.3VI)V
November 1, 1977
First Reading: October 18, 1977 (Voter Yeas:. .7, Nays: 0)
Second Reading: November 1, 1977 (Vote: _Yeas: 7, Nays: -0)
Dates Published: October 23, 1977 and November 6, 1977
Attest:
City Clerk
Resolution Adopted Creating Transfort
Enterprise Fund.
Following is the City Manager's memorandum on this item:
"The 1978 Budget provides for the City's Transfort operation to be
treated as an Enterprise Fund. This is consistent with the operation
itself and implements a similar recommendation from the City's in-
dependent auditor, Al Kruchten.
The Transfort operation is subsidized by a transfer from the Capital
Improvement Fund. In 1978, this subsidy is estimated to be $112,835.
Total expenditures for the program in 1978 including depreciation are
$171,835.
This change will allow Transfort to be treated more as a business opera-
tion and facilitate appropriate accounting along these lines."
Councilman Russell made a motion, seconded by Councilman Wilkinson to
adopt the resolution creating Transfort Enterprise Fund. Yeas: Bloom,
Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None
THE MOTION CARRIED
RESOLUTION No. 77-67
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DIRECTING THE DIRECTOR OF FINANCE TO
.ESTABLISH AN ACCOUNT WITHIN THE ENTERPRISE
FUND FOR THE CITY TRANSFORT SYSTEM
WHEREAS, Section 30-2H of the Code of the City of Fort
Collins established a special fund known as the Enterprise
Fund, which fund consists of accounts representing revenue
producing enterprises of the City which the City Council
directs be maintained as separate accounts; and
WHEREAS, the City of Fort Collins operates a municipal
transportation system known as Transfort; and
WHEREAS, the City Administration has recommended that a
separate account be established within the Enterprise Fund
for Transfort; and
WHEREAS, the City Council desires to accept and implement
the recommendation of the City Administration.
aqq Ages a53
November. 1, 1977
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS that pursuant to Section 30-2H of the
Code of the City of Fort Collins, a separate account for
Transfort shall be established within the Enterprise Fund;
and
BE IT FURTHER RESOLVED that all assets relating to
Transfort, including any amount appropriated into the General
Fund for the year 1978 for the operation of Transfort and
any revenues of Transfort after January 1, 1978, shall be
included within such special account.
Passed and adopted at a regular meeting of the City
Council held this 1st day of N
ATTE
City Clerk
Resolution adopted Setting Forth Financial
Policies of the City Light and Power Department.
Following is the City Manager's memorandum on this item:
"Attached is the Financial Policy Resolution for the Light and Power
Department which was discussed at the October 25, 1977, work session.
The Policy Resolution is an update of the existing Resolution which was
adopted by Council in January, 1974.
The major changes to the Resolution include the following:
1. A Reduction in the Present Level of Reserves. The depreciation and
Capital Improvements Fund will be maintained at an average level equal
to inventory plus the 6-month average of the approved 5-year Capital
Improvements Program.
2. Changes in the Payment In -Lieu of Tax Formula.
Year Formula
1978 7.5% of revenue
1979 3.75% of revenue plus 1.0381 mills/kwh
1980 1.15% of revenues plus .6 mills/kwh
3. Administrative Costs. These will be recovered at actual costs for
service starting in 1979."
ash
1
f:
C�C'1 ,_ •red:E-s
November 1, 1977
' Councilman Wilkinson made a motion, seconded by Councilman- St. Croix
to adopt the resolution setting forth financial policies of the City
Light and Power Department. Yeas: Bloom, Bowling, Gray, Russell,
St. Croix and Wilkinson. Nays: None
THE MOTION CARRIED
RESOLUTION 77-68
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH THE FINANCIAL POLICIES OF
THE CITY LIGHT AND POWER DEPARTMENT
WHEREAS, the Board of Directors for the Platte
River Power Authority, which furnishes power to the Light
and Power Department of the City of Fort Collins, is re-
quired by their General Bond Resolution to make annual rate
reviews and adopt rates necessary to meet the Bond covenants;
and
WHEREAS, the City of Fort Collins is notified of
these revised rates each year; and
WHEREAS, the City Charter requires that the Depart-
ment collect sufficient revenues to meet specified expenses;
and
WHEREAS, it is apparent that it will be necessary
to revise the rates for customers of the Fort Collins Light
and Power Department in order to meet changing expenses
which will be incurred by the City utility; and
WHEREAS, the City Council desires to set forth
certain policies of the City Council and requirements of
the City Charter and ordinances relating to the establish-
ment of rates for the City electric utility.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF FORT COLLINS:
Section 1. The Light and Power Department is
hereby directed to undertake rate studies for the City
electric utility and to make recommendations to the City
Council regarding the rates to be charged for service from
said utility.
Section 2. The rate and finance policy for the
City of Fort Collins Light and Power Department shall be as
follows:
' A. Fundamental Purpose. The fundamental
purpose of the Fort Collins Light and Power Department shall be:
1. To supply electric energy in adequate
amounts, reliably, economically, in an environmentally accept-
able fashion, and with due regard to conservation of natural
resources.
ass
November 1, 1977
2. To provide ever higher standards of
electric service, utilizing progressive management techniques '
and business principles, to construct, operate and maintain
the Fort Collins energy supply system for the benefit of
the consumer and the community.
B. Rates. Electric rates will be based upon the
cost of service approach to reflect full distribution of costs
to appropriate rate classes in.order to effect equitable sharing
of costs. Rates will be established and maintained at a level
sufficient:
1. To pay the full cost of operation and
maintenance of the electric utility in good repair and working
order.
2. To pay the principal and interest on all
bonds of the City due and payable from electric revenue.
3. To provide and maintain an adequate working
capital for the day to day business operations.
4. To provide and maintain a depreciation and
capital improvement fund for the replacement of depreciated
and obsolete property and for the extension, improvement,
enlargement, and betterment of the electric utility. The '
depreciation and capital improvement fund will be maintained
at an average level equal toibventory plus the 6-month average of
the approved 5-year Capital ITprovements Program.
5. To pay into the genjeral fund of the City of
Fort Collins in lieu of taxes and franchise permits a percen-
tage of revenue from the sale of electric energy and/or
specified mils per kwh as defined below:
YEAR FORMULA
1978 7.5% of revenue
1979 3.75% of revenue plus
1.0381 mils/kwh
1980 and 1.15% of revenue plus
thereafter .6 mils/kwh
Payments will be made monthly on the basis of actual revenue
and kwh energy sales. The Department will submit to the
Council at budget time an estimate of the amount of taxes and
franchise fees that would be chargeable against the Light and
Power Department if the utility were privately owned.
-2rr2
asb
7U ;I reds
November 1, 1977
' C. Revenues. All net operating revenues
of the Light and Power Department shall be paid into the
Light and Power Depreciation and Capital Improvement Fund and
such funds shall be expended only for renewals, replacements,
extraordinary repairs, extensions, improvements, enlargements
and betterments of the electric utility.
D. Operating Records.
1. The Light and Power Department will
maintain a standard system of accounting which shall at all
times correctly reflect all financial operations of the system
and keep such other records and data as are generally used by
the electric utility industry.
2. The accounts of the Light and Power
Department shall be kept separate and distinct from all other
accounts of the City and shall contain proportionate charges
for all services performed by other departments as well as
proportionate credits for all services rendered to other
departments. The charge for administrative services shall
be based upon appropriate studies and may be determined
thereafter, until a new study is indicated, by an appropriate
formula which is designed to track the actual cost of such
services.
Passed and adopted at a regular meeting of the
City Council held this lst day of November
ATTEST:
City Clerk
Resolution Adopted Opposing Revisions to
the Federal Social Security Program.
Following is the City Manager's memorandum on this item:
A.D., 1977.
"As requested by Council on Tuesday, October 11, 1977, a Resolution
opposing proposed congressional amendments to the Social Security Program
was prepared.
aS1
� r n I . 1 :rs drct4+r
November 1, 1977
The proposed amendments increase the City's contribution rate on all '
employees as well as provide for the inclusion of our Police and Fire
personnel in the social security program. It is estimated that these
proposed changes mean an additional expenditure to the City in excess
of $100,000. Also note that our present Police and Fire Pension Programs
are designed specifically to provide benefits without support from social
security benefits.
We sent the attached Resolution under the Mayor's cover letter to
Senators Hart and Haskell as well as to Representative James P. Johnson."
Councilman Russell made a motion, seconded by Councilman Bowling to adopt
the resolution opposing revisions to the Federal Social Security Program.
Yeas: Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson.
Nays: None
THE MOTION CARRIED
RESOLUTION 77-69
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CONCERNING POSSIBLE REVISIONS TO THE FEDERAL
SOCIAL SECURITY PROGRAM
WHEREAS, the United States Congress is currently consider- '
ing measures which would expend and alter the Federal Social
Security Program; and
WHEREAS, one of such measures would extend the Social
Security Program to local government employees, and another
measure being considered would remove the taxable wage base
ceiling used to compute an employer's share of social security
taxes; and
WHEREAS, the City Council has reviewed the impact of
these measures on the City of Fort Collins and has determined
that either measure would have a substantial adverse impact
on the cost of City government; and
WHEREAS, it is the opinion of the City Council that the
proposal to eliminate the taxable wage base ceiling for the
purpose of computing an employer's share of social security
taxes is basically unfair and not consistent with the philosophy
of the Social Security Program under which employers and
employees have shared equally the taxes to fund the program;
and
WHEREAS, it is further the opinion of the City Council '
that the proposal to extend mandatory social security coverage
to all local government employees is not sound for many
reasons, including the following:
N
CChf ,i rsdRievo[3
November.1, 1977
' Existing retirement programs of many local governments,
including the City of Fort Collins, would be totally
disrupted by such mandatory extension;
The cost to local government for extending the Social
Security Program would severely adversely impact on the
taxpayers of local governments;
The mandatory extension of social security coverage on
local government employees would amount to the levying
of a tax on such local governments contrary to the
United States Constitution;
Such extension would result in fewer jobs being created
by local governments which would have an adverse effect
on the unemployment rate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FORT
COLLINS that the City Council hereby expresses its opposition
to the measures now being considered to extend the Social
Security Program to local government on a mandatory basis or
to change the allocation for sharing the cost of the Social
Security Program between the employer and the employee; and
' BE IT FURTHER RESOLVED, that the Mayor be, and he
hereby is, authorized and directed to communicate this
opposition of the City Council to United States senators and
representatives from Colorado.
Passed and adopted at a
Council held this day o
ATTEST:
C y Clerk
Resolution Adopted Approving an Extension
Agreement with the Union Pacific Railroad
Company for a Power Line.
Following is the City Manager's memorandum on this item:
"The attached resolution approves an extension to an agreement with the
' Union Pacific Railroad Company to October 8, 1987. This agreement was
originally entered into in 1952 to provide electric service to the area.
The location of this service is just north of the Ranchway Feed Mills and
there is no rental charge as the property served is leased by the Railroad
to private parties."
2575'
as9
November 1, 1977
Councilwoman Gray made a motion, seconded by Councilman Bowling to
adopt the resolution approving an extension agreement with the Union
Pacific Railroad Company for a power line. Yeas: Bloom, Bowling, Gray,
Russell, St. Croix, Suinn, and Wilkinson. Nays: None
THE MOTION CARRIED
RESOLUTION 77-70
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A LEASE AGREEMENT WITH UNION
PACIFIC RAILROAD COMPANY
WHEREAS, Union Pacific Railroad Company and The Mountain States
Telephone and Telegraph Company have tendered to the City of Fort Collins,
Colorado an agreement extending to and including October 8, 1987, the term
of contract dated November 14, 1952, whereby Union Pacific Railroad Company
grants to The Mountain States Telephone and Telegraph Company and City of
Fort Collins, Colorado, the right to construct, maintain and operate a
power wire line and a telephone wire line on the right of way and under
the scale track of the Railroad Company's Fort Collins Branch, Fort Collins,
Colorado; said agreement being identified as Railroad Company's C.D. No.
38879-E; and
WHEREAS, the Council of the City of Fort Collins has said proposed
agreement before it and has given it careful review and consideration; and
WHEREAS, it is considered that the best interests of said City of Fort
Collins, Colorado will be subserved by the acceptance of said agreement:
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS,
STATE OF COLORADO:
That the terms of the agreement submitted by Union Pacific Railroad
Company as aforesaid be, and the same are hereby, accepted in behalf of
said City;
That the Mayor of said City is hereby authorized, empowered and
directed to execute said agreement on behalf of said City; and that the City
Clerk of said City is hereby authorized and directed to attest said agreement
and to attach to each triplicate original of said agreement a certified copy
of this resolution.
Passed and adopted at a regular meeting of the City Council held this
1st day of November, A. D. 1977.
ATTEST:
City Clerk
Mar
abo
C�.2f .t asd, November 1, 1977
Ordinance Tabled on First Reading
' Rezoning Fischer -West Stuart Property.
Following is the City Manager's memorandum on this item:
"This proposal was previously on the Council agenda for the October 4
meeting. At that time consideration of the ordinance was tabled until
November 1. The reason for tabling was the negotiations which were
then taking place between the owner of the property and the City land
acquisition office for the possible purchase of the property as park
land. These negotiations have not concluded and, therefore, we are
recommending that this item again be tabled until the Council meeting
for November 15, 1977."
Councilman Wilkinson made a motion, seconded by Councilwoman Gray to
table Ordinance No. 119, 1977 on first reading to November 15, 1977.
Yeas: Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson.
Nays: None
THE MOTION CARRIED
Ordinance Tabled on First Reading
Rezoning the Smith -West Prospect
Street Property.
Following is the City Manager's memorandum on this item:
'
"At the October 4, 1977, City Council meeting this item was tabled until
the November 1, 1977, City Council meeting. At this time the petitioner
is requesting that this item again be tabled until November 15.
The administrative memo and background material was submitted to Council
at the October 4 meeting."
City Manager Arnold and City Attorney March pointed out that, by error,
Ordinance 121, 1977, rezoning the Anderson -West Prospect properties had
been tabled to the October 18, 1977 meeting and was not scheduled on the
agenda. This information is in the form of a report; therefore this item
will be readvertized and scheduled on the November 15, 1977 meeting also.
Councilwoman Gray made a motion, seconded by Councilman Russell to table
Ordinance 120, 1977 on first reading to November 15, 1977. Yeas: Bloom,
Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Street Lighting Standard Tabled.
Following is the City Manager's memorandum on this item:
"Council tabled adoption of the Street Lighting Standard from last meeting
to this meeting to allow the Police Department to review and comment upon
the Standard. The Police Department review identified some facts that differ
'
with the Street Lighting Standard proposed. I would like to hold off
adoption until a clear presentation and a recommendation can be made."
zbf
November 1, 1977
Councilman Bowling made a motion, seconded by Councilwoman Gray to table
the Street Lighting Standard. Yeas: Bloom, Bowling, Gray, Russell, St. '
Croix, Suinn and Wilkinson. Nays: None
THE MOTION CARRIED
Various Easements and a Right -of -Way
Accepted.
Following is the City Manager's memorandum on this item:
"(1) Easement from Billy B. and Vera B. Wyatt for the construction,
alteration, and maintenance of electrical lines, electrical sub-
stations and other equipment to allow electrical service to be
built at 222 West Magnolia.
Consideration: None.
(2) Easement from Oliver and Janet J. Nichols for the installation
and continued operation, maintenance, repair, alteration, in-
spection, and replacement of underground and/or overhead electric
transmission and distribution lines located at 1412 South Shields
Street, for the purpose of installing additional equipment to
correct a low voltage problem in this area.
Consideration: $53.00
(3) Right -of -Way Agreement with Warren Lake Reservoir Company from ,
Collindale Golf Course south along the west edge of the Union Pacific
right-of-way to Harmony Road in the vicinity of the Hewlett-Packard
facility, for the construction of a major underground electrical
duct bank.
Consideration: $150.00 (initial fee)"
Councilwoman Gray made a motion, seconded by Councilman Suinn to adopt
the recommendations of the Administration. Yeas: Bloom, Bowling, Gray,
Russell, St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Sidewalk Requirement in Industrial Zones
Reaffirmed.
Following is the City Manager's memorandum and recommendation on this item:
"At its September 6, 1977, meeting, the City Council (after consideration
of a Final Plat for the Centerpoint Park Subdivision) voted to refer the
issue of sidewalks within an industrial subdivision to the Planning and
Zoning Board. The Board considered this matter at its October 10, 1977,
meeting.
The attached report summarizes the review process. Both the Planning and
Zoning Board and Planning staff feel that the City requirements for side-
walks on both sides of the streets in industrial developments should be
maintained. Arguments in support of this position focus on the need for
pedestrian access to commercial, industrial, and restaurant facilities
2�
INEt ,r isd:asao'•
November 1, 1977
located in the industrial park, and the fact the sidewalks increase
safety. In specific instances where a subdivider feels that a hard-
ship exists, a request for variance during the preliminary review stage
of a development proposal is appropriate."
City Attorney March advised Council that unless they wanted to make some
change, the Administration will continue to administer the current
ordinance.
Councilman Wilkinson made a motion, seconded by Councilman Russell that
Council not require sidewalks in industrial zones. Yeas: Wilkinson.
Nays: Bloom, Bowling, Gray, Russell, St. Croix and' Suinn.
THE MOTION WAS DEFEATED
No further action was taken on this item.
Ordinance Adopted as Amended on First
Reading Adopting the 1976 Building Code.
Following is the City Manager's memorandum on this item:
"The City ordinances currently adopt as the City Building Code the 1973
Edition of the Uniform Building Code promulgated by the International
Conference of Building Officials. This Code is now out of date, and the
current Code is the 1976 Edition. A committee of the Building Board has
reviewed the Code and has recommended certain changes. These recommenda-
tions were then presented to the full Board and public hearings were con-
ducted. The changes in Section 2 of the attached ordinance are the result
of this procedure. In adopting a Code by reference, the official hearing
is the second reading, and the first reading merely starts the process.
The second reading of this ordinance is scheduled for December 6, 1977."
City Attorney March stated the Administration would recommend the following
changes:
Page S - E. 4. should read "In the indicated one -hour occupancy
separation between Group R, Division 3 and M Occupancy,..."
Page 11- P. (g) EXCEPTION should read "Glazed openings with a
minimum finished sill height of five feet above the tub
or shower base."
Councilman Russell made a motion, seconded by Councilwoman Gray to amend
the ordinance as outlined above. Yeas: Bloom, Bowling, Gray, Russell,
St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
City Manager Arnold requested consideration on this ordinance be deferred
until Chief Building Inspector Bill Waldo arrived at the meeting. The
Mayor granted this request.
X42
`;Gill [ .n_ d"'n. November 1, 1977
Ordinance Adopted on First Reading Adding
Warehouse Uses to the Highway -Business Zone
Under Certain Conditions.
Following is the City Manager's memorandum on this item:
"The discussion which took place at the time the City annexed the area
around the intersection of College Avenue and Horsetooth Road indicated
some need for warehouse uses in the H-B Zone. Subsequent to that, a
proposal was presented to the Planning and Zoning Board to include these
uses, provided the use was specifically shown on the unit development
plan, and the area to be devoted to this use was designated. The enclosed
ordinance will accomplish this change."
City Attorney March spoke to the combination of meetings which had led
the staff to propose this ordinance.
Councilman Wilkinson made a motion, seconded by Councilman Bowling to
adopt Ordinance No. 130, 1977 on first reading. Yeas: Bloom, Bowling,
Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None
THE MOTION CARRIED
Ordinance Adopted on First Reading Repealing
Section 73-83 of the Code, Relating to Hours '
and Days of Operation for Pawnbrokers.
Following is the City Manager's memorandum on this item:
"The article of the Code relating to pawnbrokers currently has a provision
that pawn shops shall not be open for business between the hours of 6:00 p.m.
and 8:00 a.m., on Sundays and on certain holidays.
The City has recently received a request from the owner of Mr. Pawn Shop to
have this provision changed by the Council so that he may operate his business
during approximately the same hours and on the same days as other downtown
businesses. The accompanying ordinance would accomplish this change by
eliminating the section which places restrictions on the hours and days of
operation."
Assistant City Attorney Liley stated there was a companion ordinance, which
makes a provision for renewal.
Assistant Chief Kelly stated the Police Department foresaw no problems with
this ordinance.
Councilman Suinn made a motion, seconded by Councilman Wilkinson to adopt
Ordinance No. 131, 1977 on first reading. Yeas: Bloom, Bowling, Gray,
Russell, St. Croix, Suinn, and Wilkinson. Nays: None.
THE MOTION CARRIED
\'= .4 t• November 1, 1977
' Ordinance Adopted on First Reading Relating
to Renewal Provision for Pawnbrokers.
City Clerk Verna Lewis read the Ordinance at length.
Councilman Wilkinson made a motion, seconded by Councilwoman Gray to
adopt Ordinance No. 133, 1977 on first reading. Yeas: Bloom, Bowling,
Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None
THE MOTION CARRIED
Ordinance Adopted as Amended Adopting
the 1976 Building Code.
This item had been discussed earlier in the meeting. Final consideration
was deferred awaiting the arrival of the Chief Building Inspector.
Chief Building Inspector Bill Waldo requested Section "U" on Page 12, which
states:
"U. Section 3303 (i) is amended by adding at the end thereof the
following sentence:
' 'Where a door leads to a potentially hazardous area, a touch
warning symbol shall be provided on the doorknob to warn the
blind of such potentially hazardous area."',
be deleted.
Council considered this request and discussed the merits of having some
provision.
Councilman Russell made a motion, seconded by Councilman Bowling to amend
the Ordinance by changing Section "U" to read as follows:
"U. Section 3303 (i) is amended by adding at the end thereof the
following sentence:
'Where a door leads to a potentially hazardous area, the door
shall be equipped with a locking device."'
Yeas: Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson.
Nays: None
THE MOTION CARRIED
Councilman Wilkinson inquired into requirements of fixed ladder on
commercial buildings. Chief Building Inspector Waldo clarified this is
covered in the Uniform Mechanical Code. He then addressed the two sig-
nificant changes in the Code.
' Councilman Wilkinson made a motion, seconded by Councilman Suinn to adopt
Ordinance No. 129, 1977 as amended. Yeas: Bloom, Bowling, Gray, St. Croix,
Suinn and Wilkinson. Nays: 'None (Russell out of room).
THE MOTION CARRIED
CiNi h3: i Jr,,. November 1, 1977
Ordinance Adopted on First Reading
Annexing Property Known as Harmony '
Annexation No. 4.
Following is the City Manager's memorandum on this item:
This is the final annexation in a series of annexations
along Harmony Road. Primarily this annexation consists of
the Hewlett Packard site. In addition to the HP site, this
annexation includes that portion of Harmony Road which
adjoins the HP site which was not previously annexed and a
strip of land approximately 300 feet in depth adjoining
Harmony Road and lying between the HP site and the Harmony
Mobile Home Park. This latter strip is owned by Spring
Creek Farms, Inc., and is a portion of the Spring Creek
Farms property.
At the time the Planning and Zoning Board reviewed this
annexation, the Spring Creek Farms property was not included.
One comment made by members of the Planning and Zoning Board
questioned the desirability of connecting these annexations
only through the use of Harmony Road. The addition of this
tract of land to this annexation appears to answer this
concern expressed by the Board.
The zoning of the lands which comprise this annexation will '
be scheduled for the next Council meeting. The proposal
will be to zone the HP site in the I-L District and the
Spring Creek Farms property in the T-Transition District.
In connection with the Spring Creek Farms property, the
Council previously indicated an acceptance of that property
owner's request that special assessment districts for the
purpose of providing improvements normally associated with
development of the land not'levy any assessments against
this land until development of the property takes place. We
anticipate we will have a proposed contract to accomplish
this to present to the Council'at the next Council meeting
before final reading of this annexation ordinance.11
Councilman Wilkinson made a motion, seconded by Councilman St. Croix to
adopt Ordinance No. 132, 1977 on first reading. Yeas: Bloom, Bowling,
Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Russell out of room).
THE MOTION CARRIED
Woodwest Subdivision Revised Preliminary
Plat Approved.
Following is the City Manager's memorandum on this item: '
2t2 246
I
"Attached is a revised proposal for 200 single-family lots on 64.35 acres zoned
R-L and located east of South Shields Street and south of West Swallow Road.
The entire Preliminary Plat for Woodwest Subdivision was reviewed and approved
in July of 1971. This revised Preliminary Plat concerns the area south of
Swallow Road and is conceptually the same as the Plan originally reviewed.
Modifications were made, however, to accommiodate a 2.8-acre detention area in
the southeast corner of the site and to delete the existing farm buildings on
the southeast corner.
On August 8, 1977, the Planning and Zoning Board recommended approval subject to
several conditions. These conditions included access to a neighborhood park,
elimination of the Worthington Street -Swallow Road intersection, the location
of utility lines, and local access to Worthington Farm.
Since that time, the applicant has addressed the conditions of the Planning
and Zoning Hoard. Only minor technical problaas with the dimensions of utility
lines remain and they can be addressed on the Final Plat for the site."
Councilmembers expressed concerns for increased traffic on Shields Street,
the dead -ending of Swallow Road at the railroad tracks, the absence of
neighborhood parks in this area, and the school impact which would indicate
this development would overload the elementary school.
Councilman St. Croix made a motion, seconded by Councilwoman Gray to table
the Woodwest Subdivision Revised Preliminary Plat on the grounds that the
community would be better served by having,adequate neighborhood parks.
Councilman Bowling stated if Council took this stance, then Council should
examine its entire park policy. Councilman Suinn asked for clarification
of the intent of the pending motion and Councilwoman Gray spoke to the.
"mini ghettos" caused by traffic patterns.
Mr. Rick Mattingly of M $ I Engineering, representing Wood Brothers, stated
he could not speak for the developers but he did not think they would be
receptive as this plan had been in the mill since 1971.
City Manager Arnold stated he had met earlier with Parks and Recreation
Director, H. R. Phillips and had been favorable impressed with the proposed
park development. He suggested the Administration put together a presentation
to be made at a work session on the entire parks program. Councilman St.
Croix stated that on this basis, he would withdraw his motion given establish-
ment of a place on the agenda to define the park policy. The seconder of the
motion consented to withdraw.
Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve
' the Woodwest Subdivision Revised Preliminary Plat. Yeas: Bloom, Bowling,
Gray, St. Croix and Wilkinson. Nays: Russell and Suinn.
THE MOTION CARRIED
%Ar
2.(,'?
November 1, 1977
Mayor Bloom then declared the meeting adjourned until 7:30 p.m.
The meeting reconvened at 7:30 p.m. The next 30 minutes were devoted '
to citizen participation.
Proclamation for Youth Appreciation Week
Mayor Bloom proclaimed the week of November 14-20, 1977, as Youth
Appreciation Week.
Mayor Bloom presented a plaque to Officer James Kyle for 50,000 accident -
free miles.
Mr. Vince Dechard, 1918 Hampshire Road and Mr. Ron Carlson, 2266 West
Stuart Street addressed the City Council regarding the Dog Ordinance,
dog enforcement, recent dog attack on a child, and the height of fences.
Their specific request was for a thorough review of the dog enforcement
ordinance and broaden then to include no breeding within the City,
immediate picking up of a dog as a result of an attack, and owner fencing
which would prohibit a dog from jumping over the fence.
Mayor Bloom referred this item to City Manager Arnold and City Attorney
March, who stated they would like to discuss this matter with the parties
concerned, as there appears to be some misunderstanding about the ordinance,
the budgetary enforcement problem, the trespassing on private property, and
kennel regulations. '
Mr. Andy Anderson, 1421 Skyline Drive requested information regarding costs
for any Special Election. He then inquired into the transfer of funds from
the Lincoln Community Center into the Seven Year Capital Improvements Fund.
Mayor Bloom stated that Mr. Anderson's questions will be answered by letter.
Councilman Bowling requested the Administration and legal staff look into
the discussions with the Railroad concerning the possible extension of
Swallow Road.
Collindale P.U.D., First Filing,
Preliminary Plan, approved.
Following is the City Manager's memorandum and recommendations on this item:
it This is the Preliminary Plan of the first phase of collindale P.U.D. It is
based on the conceptual master plan for all of Collindale recently reviewed by
the City Council. The first phase entails 71 single-family lots at the west
end of the site on the northeast corner of Horsetooth and lemay.
The attached memo from the Planning Department discusses the questions raised
by this proposal. The two most important of these questions concern whether '
"Pepperwood lane" should end in a cul-de-sac or be continued through the sub-
division,and the maintenance of the landscape treatment along the arterial
streets.
� d
i
C; -i ,t is:G. =•ro" November 1, 1977
>eoammndation: The Administration recanrends approval subject to the following
co bons
1. That Peppenuood lane be oontinued as a 36-foot wide local street from
Southmoor Village Fast through the patio -hare area of Collindale and
connect with the interior loop street of the first phase.
2. A low maintenance drought tolerant landscape treatment along the arterial
streets be provided by the developer and maintained by the homeowners'
association. The City should investigate providing a temporary water tap
(without charging the Plant Investment Fee) for irrigation until this land-
scaping is established.
3. That sidewalks be provided along both sides of all streets including
around the ends of cul-de-sacs.
4. That the City install part of the bikeway connecting this proposal with
the future elementary school to the east.
5. That the interior loop street be named Mansfield Drive.
6. other technical staff ccmTents:
a. That turning radii of curves on loop streets be verified with respect
to sight distance requirements; _
6. b. That gas line utility easecpnts be provided tsix feet along all
street rights of way and ten feet along west boundary of lots .31
and 41) ;
c. That the viability of 90-foot right of way for 80-foot cul-de-sac
turnarounds be verified."
Planner II Paul Deibel spoke to the six points which had been recommended
as conditions for approval. Mayor Bloom inquired if the developer wished
to address Item No. 1 at this time.
Mr. Bernie Cain representing the developer, spoke to the developer's desire
to have this street (Pepperwood Lane) end in a cul-de-sac, to keep this
street as a local street rather than a collector street. Council then
considered the next four items (listed in recommendations) at length with
Mr. Cain commenting on each.
Council considered also the fencing separating subdivision developments
from the major streets and the maintenance of these areas. Mr. Cain stated
that some of these rights -of -way have not been maintained and have created
eye -sores.
Councilman Bowling requested City Manager Arnold look into the maintenance
of City rights -of -way, specifically on Drake Road where the City has only
cut the weeds twice in a two year period.
Council considered establishing a policy regarding water taps and plant
investment fees for these kinds of developments.
25. 2L 9,
. "8i , r '1ndia, p.W
November 1, 1977
Councilman Suinn made a motion, seconded by Councilman Russell that
Pepperwood Lane be a cul-de-sac. Yeas: Bloom, Bowling, Gray, Russell, ,
St. Croix, Suinn and Wilkinson. Nays: None
THE MOTION CARRIED
Councilman Wilkinson made a motion, seconded by Councilman Bowling that
the City provide water without a plant investment fee for the irrigation
for the strips along Lemay and Horsetooth Road. Yeas: Bloom, Bowling,
Russell, St. Croix, Suinn and Wilkinson. Nays: Gray
THE MOTION CARRIED
Councilman Suinn made a motion, seconded by Councilwoman Gray that sidewalks
be provided on both sides of the streets and around the ends of the cul-
de-sacs. Yeas: Bloom, Bowling, Gray, Russell and Suinn. Nays: St. Croix
and Wilkinson.
THE MOTION CARRIED
Councilman Suinn made a motion, seconded by Councilman Russell that the
interior loop street be named Mansfield Drive. Yeas: Bloom, Bowling, Gray,
Russell, St. Croix, Suinn and Wilkinson. Nays: None
THE MOTION CARRIED
Councilman Suinn made a motion, seconded by Councilman Bowling that the City '
install the bikeway as a high priority and that the staff be instructed to
communicate with the school district about the possibility of collaborating.
Yeas: Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays:
None.
THE MOTION CARRIED
Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adopt
the Collindale P.U.D. First Filing Preliminary Plan subject to foregoing
conditions. Yeas: Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None
THE MOTION CARRIED
Trail West Subdivision, Preliminary
Plat. Tabled.
Following is the City Manager's memorandum and recommendation on this item:
Inhis is a proposal for 62 duplex and fourplex lots on 18.4.acres located on
Overland Trail where.it will intersect'with west Stuart Street.
The major issue raised by the proposal concerns the lack of sufficient water '
pressure in this general vicinity. Other issues concern access, street layout,
and lot width as discussed in the attached memorandum. The applicant indi—
cated that revisions of the proposal to accomrodate these concerns is not a
problem.
266Z
A740
November 1, 1977
' Rec=nendation: The Administration recannends approval_ of the Preliminary
Plat with the condition that no final plat be approved until._ -the availability
of water service is determined by the Water Utility Departmen£,.and the con-
ditions pertaining to access, street layout, and lot width are addressed.".
Council members expressed concern that this plan is too preliminary and .
the possibility of roll -back zoning.
t
Councilman Suinn made a motion, seconded by Councilman.Bowling to table
the Trail West Subdivision Preliminary Plat. Yeas: Bloom, Bowling, Gray,
Russell, St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Replat of Tract "B" Southmoor Village East
Third Filing, Preliminary Plan, approved.
Following is the City Manager's memorandum on this item:
"The replat of tract "B" in Southmoor Village East, Third Filing, is a
proposal for thirteen single-family lots on 7.4 acres zoned k-L-P and
located north of Springwood Drive and east of Lemay Avenue. It is pro-
posed that the area be developed similar to the design of Chippewa Court
with large lots facing a narrow street ending in cul-de-sacs. The area
will be buffered from a collector street by a landscaped open area.
The Planning and Zoning Board recommended approval of this replat."
Councilman Bowling made a motion, seconded by Councilman Russell to approve
the replat of tract "B" Southmoor Village East Third Filing, Preliminary
Plan. Yeas: Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkin-
son. Nays: None
THE MOTION CARRIED
Mayor Bloom then declared a 5 minute recess. Upon reconvening, Council
went on to the next item.
Report from the City Manager
City Manager Arnold reported on the following items:
a. On November 7, 1977 at 12:00 noon the Small Business Administration
will have a meeting in the Council Chambers to discuss disaster
loans which are available. The downtown businesses with damage
will be notified.
b. Because there
are
5 Tuesdays
in the
month
of November,
he is
'
recommending
that
there be no
Work
Session
on November
8.
2Er7
3 7/
November 1, 1977
c. He then distributed a copy of a letter of cgmmendation.,regarding '
a member of the Police Department.
d. He made mention of a memorandum regarding Police statistics con-
pared with the national average.
e. Lastly, that he had been meeting with the department heads,
identifying problems and getting ideas.
Report from City Council Members
on Committees.
Councilman Wilkinson reported on the 1041. A special meeting has been
called to review the Bill Vigor request for outside utility service and/or
annexation.
Councilman Russell reported on the Platte River Power Authority Board
meeting and the Rawhide Hearing and designation.
Councilman Bowling reported on the advertising for a new Council of Govern-
ments Director and on the Board consideration regarding 701 Planning Funds.
Consent Agenda Procedure
Following is the City Manager's memorandum on this item: I
A number of items appearing on the Council agenda are routine in nature, i.e.
they were discussed at a previous meeting or they require no discussion before
Council action.
A number of municipalities throughout the country and state utilize a consent
agenda procedure for these types of items. Attached are procedures from
Colorado Springs regarding the consent agenda as well as a report by the
International Institute of Municipal Clerks on the concept. The major benefit
of a consent agenda procedure is that it frees additional time for Council to
consider important policy matters during a meeting.
That. Tuesday's agenda illustrates the usefulness of a consent agenda format.
An example was prepared which shows that Council could consider second readings
of ordinances, routine resolutions and reports, and other miscellaneous actions
under the consent agenda format. Also note that prior to approving items on
the consent agenda, any Council member can request removal of the item from
the consent portion and have the item placed on the regular review section
which allows for discussion.
We would like Council approval to prepare the ordinances which would allow
Council to utilize the consent agenda procedure. we can have these revisions
made so that the second Council meeting in Decenber can be conducted using this I
concept.
Our goals in preparing this change are to eliminate redundant discussion of routine
items, free time for Council consideration of more in mrtant policy issues, and
reduce the length of Council meetings.,,
2" z 7z
CC2f ,i ssdres rid
November 1, 1977
' Councilmembers asked specific questions regarding the procedure of having
anyone, (Councilmember, staff or citizen) request that an item be with-
drawn from the consent agenda and in the main, concurred with the concept.
Councilman Suinn stated he would not like to see the following items on the
consent agenda:
1. A requirement that the Council vote to withdraw an item from the
consent agenda - rather that they be withdrawn on a single request
basis.
2. Approval of final tract maps, approval of annexations or approval
of unanimous recommendations of advisory committees. He also would
like to continue to have the background materials supplied.
Councilmembers directed the Administration to proceed in initiating this
process.
Change Order on Downtown Redevelopment
Project, approved.
Downtown Redevelopment Project Director Ferluga gave an oral report on the
following Change Orders for the project as of October 31, 1977:
BURCH ELECTRIC (ELECTRIC WORK)
' ORIGINAL BID $31,107.00
Change Order #1 $150.00
Change Order #2 4,312.00
Subtotal 4,462.00
TOTAL $35,569.00
LOVELAND TURF SPRINKLER (IRRIGATION)
ORIGINAL BID
Change Order #1
Change Order #2
Change Order #3
BARGELT (MECHANICAL WORK
$19,800.00
82.48
70.00
1,273.53
Subtotal 1,426.01
TOTAL $21,226.01
ORIGINAL BID $58,455.00
Change Order #1 (Pending)
Change Order #2 5,274.00
TOTAL $63,729.00
Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve
the Change Orders as of October 31, 1977. Yeas: Bowling, Gray, St. Croix,
Suinn and Wilkinson. Nays: None. (Bloom and Russell out of room).
THE MOTION CARRIED
Administration Authorized to Make up Deficit
in Special Improvement District from Capital
' Improvement Funds.
2=
.273
November 1 1977
"The major area requiring Council input concerns the Special Improvement Dis-
trict. %%been originally developed last year, the Special Inprcvenent District
Budget was programmmmed at $1,000,000. This expenditure plan was to be financed
by $700,OOO in special improvement bond proceeds and $300,000 in City funds.
Of the $300,000 in City funds, $166,000 is programmed in the capital improve-
ment fund with the remaining $134,000 anticipated from Community Development
Fbnds. During our preparation and submission of the 1978 Community Development
Program, $200,000 was provided for downtown parking but no additional funds
were available for the Special Improvement District Beautification Budget. As
shown in the attachment, we are projecting expenditures of $1,011,690 for the
completion of this program. Thus, we are facing a shortage of $145,690 in
revenues to cover expenditures.
Recovery of a substantial amount from the bonding company for the original con-
crete contractor is anticipated. Such recovery should partially cover the
anticipated deficit. Also, there may be other similar recoveries from this
project.
Reconuendation: It is recommended that Council authorize the Administration to
make up any deficit in the Special Improvement District of $145,690 from the
Capital Improvement Fund with the understanding that any funds advanced froam
the Capital Improvement EAnd will be repaid to the extent recovered from the
bonding company or similar services."
Councilman Bowling made a motion, seconded by Councilman Wilkinson that '
Council authorize the Administration to make up any deficit in the Special
Improvement District, up to, $145,690 from the Capital Improvement Fund with
the understanding that any funds advanced from the Capital Improvement Fund
will be repaid to the extent recovered from the bonding company or similar
services. Yeas: Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None.
(Bloom and Russell out of room).
Other Business
Councilman Bowling made a motion, seconded by Councilwoman Gray to adjourn
into executive session for the purpose of discussing Personnel matters,
following the General Improvement District Board Meeting. Yeas: Bloom,
Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Adjournment
Mayor Bloom declared the meeting adjourned at 9:55 p,m.
yor
ATTEST:
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