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HomeMy WebLinkAboutMINUTES-01/06/1976-RegularIJanuary 6, 1.976 COUNCIL OF CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Regular Meeting - 5:30 P.M. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, January 6, 1976, at 5:30 P.M. in the Council Chambers in the City of Fort Collins City Hall. Mayor Russell called the meeting to order noting the following Councilmembers present: Bowling, Gray, Russell, Suinn and Wilkinson. Absent: Councilmembers Bloom and Reeves. (Note: Councilwoman Reeves arrived at the meeting baiiediately after the minutes were approved.) Staff Members Present: Brunton, DiTullio, Bingman, Krempel, Kaplan, Cain and Lewis. Also: City Attorney Arthur E. March, Jr. Minutes of Adjourned Meeting of December 9, 197S and Regular Meeting of December 16, 197S Approved Councilman Bowling made a motion, seconded by Councilwoman Gray to approve the minutes of December 9, and December 16, 1975 as published. Yeas: Councilmembers Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. Report on 208 Area Wide Waste Water Management Study Received Regional Coordinator, Eric Eidsness, of the Larimer-Weld Council of Governments presented an oral report on the 208 Area Wide Waste Water Management Study. This is a two year planning process, which provides an opportunity for local government to get involved in the planning and implementation of water pollution control. Mr. Eidsness addressed the objectives and timetables of the two year plan. Mayor Russell acknowledged receipt of the report on behalf of the Council. 6 Ordinance Adopted on Second Reading Vacating Alley in Block 115 Councilwoman Reeves made a motion, seconded by Councilman W'ilki.nson to adopt Ordinance No. 82, 197S on second reading. Yeas: Counc_ilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 82 , 1975 BEING AN ORDINANCE VACATING CERTAIN ALLEYS LOCATED IN BLOCK 115 OF HARRISON'S ADDITION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, the owners of the property adjoining the same have petitioned the City Council to vacate the alleys in Block 115, Harrison's Addition to the City of Fort Collins, Colorado; and WHEREAS, such request was made to the City Council in order to accommodate construction proposed by the owners of property in said block; and WHEREAS, it appears to'the City Council that the alleys now existing in said block are not needed for public purposes nor are the same needed to service the owners of property in said block, and therefore the Council finds and determines that said alleys are not needed for municipal purposes nor will the same be needed for municipal purposes in the future and the rights of the citizens of the City of Fort Collins will in no way be prejudiced by the vacation of said alleys. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the alleys in Block 115, Harrison's Addition to the City of Fort Collins be, and the same hereby are, vacated, abolished and abated; provided, however, that there is hereby reserved unto the City of Fort Collins a right- of-way and easement over and across the following portions of said alleys, to -wit: Begin at the NW corner of Lot 8 of said Block 115, Harrison's Addition to the City of Fort Collins and run thence South 140.00 feet, thence West 20.00 feet, thence North 140.00 feet, thence East 20.00 feet to the point of beginning; ALSO: Beginning at the SW corner of Lot 1 of said Block 115, Harrison's Addition to the City of Fort Collins and run thence North 180.00 feet, thence West 20.00 feet, thence South 180.00 feet, thence East 20.00 feet to the point of beginning; ALSO: Beginning at the SW corner of Lot 10 of said Block 115, Harrison's Addition to the City of Fort Collins, thence East 190.00 feet, thence South 20.00 feet, thence West 190.00 feet, thence North 20.00 feet to the point of beginning. C^ for the installation, reinstallation, servicing and maintenance C� of utilities and utility lines.. Introduced, considered favorably on first reading, and ordered published this 91t1�— day of pecember A.D. 19750 and to be presented for final passage on the 6th day of January A.D. 1976. ATTEST: Mayor sty Clerk Passed and adopted on final reading this 6 tk day Of A.D. 197(,. ATTEST: Mayor ges y Glefk —44-4� Ij 11 First Reading: December 9, 1975 (Vote: Yeas: 5, Nays: 0) Second Reading: .January 6, 1976 (Vote: Yeas: 6, Nays: 0) ' Dates Published: December 14, 1975 and January 11, 1976 "Attest: `k a' City Clerk Ordinance Adopted on Second Reading Relating to the Zoning Board of Appeals Councilwoman Gray made a motion, seconded by Councilman Wilkinson to approve Ordinance No. 83, 1975 on second reading. Yeas: Councilmembers Bowling, Gray, Russell, Suinn and Wilkinson. Nays: Councilwoman Reeves. ORDINANCE NO. 83, 1975 BEING AN ORDINANCE AMENDING SECTION 118-20 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO ZONING AND THE ZONING BOARD OF APPEALS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF.FORT COLLINS: That Section 118-20 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "§118-20. Zoning Board of Appeals; duties and powers. "Subject to being overruled by the City Council, the Zoning Board of Appeals shall have the following powers and duties, all of which shall be in compliance with the Charter of the City of Fort Collins, in harmony with the purpose and intent of this chapter and in accordance with the public interest and the most appropriate development.of the neighborhood: "A. To hear and decide appeals from, any order, requirement, decision tion made by, an administrative charged with enforcement of the established by this chapter. n and review or determina- official regulations 1 5 LJ 1 1 "B. To authorize, upon appeal in specific cases, variances from the terms of this chapter where, by reason of exceptional narrowness, shallow- ness or slope of a specific piece of property at the time of the enactment of this chapter, or by reason of exceptional topographic condi- tions or other extraordinary and exceptional situations or conditions of such piece of property, the strict application of any regulation enacted herein would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, provided such relief may be granted without sub- stantial detriment to the public good and without substantially impairing the intent and purposes .of this chapter, provided that no variance shall authorize any use in a zoning district other than a use specifically permitted in such zoning district, except that a use variance may be permitted for the extension of a non- conforming use located or to be located on land owned by the person, firm or corporation having title to the nonconforming use at the time of passage of this chapter. The extension of the nonconforming use shall be permitted only.within a conforming building. "c. To adopt by-laws governing the operation of the Zoning Board of Appeals and said board is specifically given the power to determine by said by-laws the number of members needed for a quorum of the board,and the number of affirma- tive votes needed to grant a variance from the zoning ordinance or to take any other action which said board may be authorized to take. Before any such by-laws become effective, the same shall be submitted to and approved by the City Council." Introduced, considered favorably on first reading, and ordered published this 9th day of D A.D. 1975, and to be presented for�inal passage on the 6th day of January , A.D. 1976. ATTEST: f y Clerk de?,_,�,zZa A _L_a__e4 Mayor Passed and adopted on final reading this day of ' _, A.D. 197 L O a ATTEST: Mayor V City Clerk First Reading: December 9, 1975 (Vote: Yeas: 5, Nays: 0) Second Reading: January 6, 1976 (Vote: Yeas: 5, Nays: 1) Dates Published: December 14, 1975 and January 11, 1976 Attest: rid' City Clerk Ordinance Tabled to March 2, 1976 on Second Reading Relating to the Sales Tax on Industrial Machinery Councilman Bowling stated he would like to table second reading of this ordinance until Council has more information. Councilwoman Reeves stated she would like to sde the ordinance defeated because; number one, the Council will be looking at the total revenue and expenditures for the City, and number two, she is generally opposed to special tax benefits. Councilwoman Gray also desired to see the total revenue package. Councilman Suinn commented that he was not convinced the ordinance provided a + means for attracting industries. Councilman Wilkinson again stated he.favored the ordinance as a means of locating industry inside the city limits. Mayor Russell addressed the difficulty of administering the ordinance. Councilwoman Gray.made a motion, seconded by Councilwoman Reeves to deny Ordinance No. 85, 1975 on second reading. Yeas: Councilmembers Gray, Reeves, and Suinn. Nays: Councilmembers Bowling, Russell and Wilkinson. City Attorney March advised the Council that the motion failed, but did not dispose of the problem. Councilman Bowling made a motion, seconded by Councilman Wilkinson to table the second reading of Ordinance No. 85, 1975 to March 2, 1976. Yeas: Councilmembers Bowling, Gray, Russell and Wilkinson. Nays: Councilmembers Reeves and Suinn. 6 7 Ordinance Adopted on Second Reading Vacating Public Easements on a Portion of Tract .I Soutlmtoor Village, Tliird Filing Councilwoman Reeves made a motion, seconded by Councilman Bowling to adopt Ordinance No. 87, 197S on second reading. Yeas: Councilmembers Boieling, Gray, Reeves, Russell and Suinn. Nays: Councilman Wilkinson. ORDINANCE NO. 87 1975 BEING AN ORDINANCE VACATTT—NG A PORTION OF TRACT I, SOUTHMOOR VILLAGE THIRD FILING IN THE 'CITY OF FORT COLLINS, COLORADO � I C^ WHEREAS, heretofore by the filing of the plat of Southmoor Village Third Filing, Tract I, as shown on said plat, was dedicated to the City as open space and drainage area; and WHEREAS, the'owner of the adjoining Lot 195 has requested that the City vacate a portion of such Tract I which was dedicated to public use; and WHEREAS, this request has been made because a house was ' constructed on the portion of said tract for which the vacation is requested and such portion is not necessary to the public uses to be made of the balance of Tract I; and WHEREAS, this portion of Tract I is not needed for munici- pal purposes nor will the same be needed for municipal purposes in the future and the rights of the citizens of the City of Fort Collins will in no way be prejudiced by the vacation of the same. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that all public rights of the City of Fort Collins in and to the following portion of Tract I, Southmoor Village Third Filing, to -wit: Commence at a point on the East line of Lot 195, Replat of Lots 88 through 101 and Tract I, Southmoor Village Third Filing, in the City of Fort Collins, which is 30 feet South of the Northeast corner of said Lot 195, and run thence South 34 feet, thence East 5 feet, thence North 34 feet, thence West 5 feet to the point of beginning; be, and the same hereby is, vacated, abated and abolished an Introduced, considered favorably on first reading, and ordered published this 9th day of December A.D. 19750 and to be presented for anal passage on the nth= day of .January A.D. 1976•. ATTEST: Mayor Y Clerk Passed and adopted on final reading this 6th day of January A D. 197 6. ATTEST: First Reading: December 9, 1975 (Vote: Yeas: 4, Nays: 1) Second Reading: January 6, 1976 (Vote: Yeas: 5, Nays: 1) Dates Published: December 14, 1975 and January 11, 1976 Attest: City Clerk Ordinance Adopted on Second Reading Amending the Fire Code Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt Ordinance No. 88, 197S on second reading. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. n 1 9 ORDINANCE NO. 88 1975 BEING -AN ORDINANCE AMENDING THE UNIFORM FIRE CODE ADOPTED BY CHAPTER 50 OF THE CODE OF THE CITY OF FORT COLLINS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the Uniform Fire Code adopted by Chapter 50 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding to said Uniform Fire Code addi- t= tional subsections as follows: CC .w- "Section 11.106(b). Limits referred to in this section of the Uniform Fire Code in which storage of explosives and blasting agents is prohibited are hereby established as follows: All of the City of Fort Collins except any areas zoned I-G, General Industrial District, under the City zoning ordinance. "Section 15.201(f). The limits referred to in this section of t e Jniform Fire Code herein adopted in which storage of flammable liquids in above -ground ' tanks outside of buildings is prohibited are hereby established as follows: All areas in the City; pro- vided, however, that this prohibition shall not extend to any such tanks installed and in prior to the passage of this ordinance if such tanks otherwise meet the requirements of the Uniform Fire. Code. "Section 20.105(a). Limits referred to in this section oT the Uniform Fire Code in which bulk storage of liquefied petroleum gas is restricted are hereby established as follows: All of the City of Fort Collins except areas zoned C, Commercial, or in an industrial zone under the City zoning ordinance." Section 2. This ordinance shall become effective ten days after final passage in accordance with the provisions of the Charter of the City of Fort Collins. Introduced, considered favorably on first reading, and ordered published this 16th day of December , 1975, and to be presented for final passage on the 6th day of January , 197 6 . ' ATTEST: City Clerk Li � y��Llit?-l�f Mayor i-0 Passed and adopted on final passage this 6th day of ' January 1976.. ATTEST: Mayor Sty c er First Reading: December 16, 1975 (Vote: Yeas: 6, Nays: 0) Second Reading: January 6, 1976 (Vote: Yeas: 6, Nays: 0) Dates Published: December 21, 1975 and January 11, 1976 Att t f'�.. i City Cler " Various Deeds and Easements Accepted 1. Dedication of Easement from the First United Presbyterian Church of Fort Collins, Betty Asmus, Lawrence Kendall, and Patricia Kendall for ' the installation, reinstallation, servicing and maintenance of utilities and utility lines over, under, across and through.a parcel of land situate in Block 115, Harrison's Addition, in connection with the vacation of alleys in Block 115 (Ordinance No, 82, 1975). Consideration: None 2. Grant Deed from Richard L. and Suzanne Speth for street, pedestrian sidewalk, and the installation, reinstallation, servicing and maintenance ` of utilities on West Lake Street. Consideration: $594.00 3. Grant Deed from B. F. Van Sant and Homer Reed for street, pedestrian sidewalk, and the installation, reinstallation, servicing and maintenance of utilities on Willox Lane east of College Avenue. Consideration: $1.00 Councilwoman Reeves inquired into item number two above. Director of Engineering Services, Roy A. Bingman, stated this portion of right-of-way is necessary to complete Lake Street. 10 Councilman Bo%-iling.made a motion, seconded by Councilman Wilkinson to accept the Various deeds and casements. Yeas: Coiuicilmonhors bowling, Gray, I:reres, Suiiui and Wilkinson. Nays: Councilman Russell. Resolution Adopted Alyroving an Amendment to a Contract With the Colorado and`Southern Railway Company Councilman Wilkinson made a motion, seconded by Councilman Suinn to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. CL I H �.I RESOLUTION 76-1 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AMENDMENT TO AN AGREEMENT WITH THE COLORADO AND SOUTHERN RAILWAY COMPANY WHEREAS, heretofore on July 7, 1965, the City of Fort Collins entered into a"license agreement with the Colorado and Southern Railway Company for the construction of a sewer line along or across certain premises owned by said railway company; and WHEREAS, the City has requested an amendment to said agreement permitting the installation of a sewer pipeline within the easement granted by such license agreement; and WHEREAS, the railway company has submitted to the City an amendment to said license agreement permitting the installa- tion of the necessary sewer line; and WHEREAS, such amendment has been approved by the City Attorney and the City Manager, and the City Council now desires to approve and accept the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of the amendment to Contract No. 7194 with the Colorado and Southern Railway Company be, and the same hereby is, accepted and approved; and 11 12 BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute said agreement for and on behalf of the City of Fort Collins. a Passed and adopted at a regular meeting of the City Council held this 6th day of January, A.D. 1976. C/til�� ATTEST: Mayor ity C er Citizen Participation 1. Mr. David Lipp, 623 South Grant, inquired into a recce -it ruling made by the Fire Marshal prohibiting candlelight ceremonies in churches. City Attorney March stated he had received inquiries from ministers and the Council of Churches and in each case the problem had been resolved to everyone's satisfaction. The ruling was not that you could not have candlelight services, but under the Uniform Fire Code adopted throughout the nation there are ways in which it can be held. Mr. March stated that it had been agreed that after this holiday season, meetings would be held with representatives of the various churches, the Fire Department and the City Attorney's Office to see if changes could be proposed that could be agreed upon. 2. Andy Anderson, 1421 Skyline Drive, requested that Council refrain from holding executive sessions until a declaratory judgement on the legality of the ordinance had been handed down. City Attorney March stated he had been in contact with the Attorney General's Office requesting that they act on the ordinance and had not received a reply. 3. Mayor Russell expressed his appreciation and that of the Council to Street Superintendent Frank Fisch for their excellent snow removal after the recent storm. Change Order in Construction of Waste Water Treatment Plant No. 1 Approved Following is the City Manager's memorandum on this item: r 12 13 At its March .18, 1975, meeting, the Fort Collins City Council awarded the bid to the Faith Contracting Corp., the low bidder for the remodeling and addition to Plant No. 1. This contract was in the amount. of $729,,887. The City of Port Collins had previously purchased $400,000 worth of equipment prior to the construction bid to provide for easier delivery schedules. At the time we awarded the bid, it was known by us and the various State agencies that we had not included the Prevailing Wage Law in this contract. None of us on staff including our City Attorney felt it was necessary to include a Prevailing Wage clause since the cash flow was entirely State money. We recognized that when we were dealing with a Federal grant we had to go to Prevailing Wages. .Several months ago, we received correspondence from the Department of Labor that we were in violation of the Prevailing Wage Law. Ile had a series of '. meetings with the various State agencies. On Friday, December 19, 1975, the Colorado Department of Public Health and the Colorado Department of Labor and Employment came to an agreement concerning the Prevailing Wage provisions. This agreement calls for the City to start paying Prevailing Wages effective Monday, December 22, 1975. It is estimated that this additional change order will cost the City of Fort Collins about $80,000 with 2S percent being reimbursed by the State of Colorado. For many reasons we feel we have to and should accept this offer and, therefore, immediately made the necessary amendment to notify the various State agencies that we were going to comply with.this requirement. However, we do feel it is necessary for this to be ratified by the City Council. ' Recommendation: The Administration recommends that the City authorize the change order with the Faith Contracting Corp. to pay the prevailing wages effective Monday, December 22, 1975, and terminating at the end of the construc- tion project. Director of Water and Sewer Utilities Roger Krempel stated the State order is contradictory to an earlier understanding with the department that lower wages could be paid on the project. Councilmembers expressed their displeasure of this requirement and requested the City Attorney to direct a letter to the State requesting a clarification, of the State's position on this matter.° This is change order number four to contract number three, for a total of $55,000.00. Councilwoman Reeves made a motion, seconded by Councilwoman Gray to authorize the change order with Faith Contracting Corporation, to pay the prevailing wages effective Monday, December 22, 1975, and terminating at the end of the construction project. Yeas: Councilmembers Bowling, Gray, Reeves and Russell. Nays: Councilmembers Suinn and Wilkinson. 13 1:4 Appointment to Six City Water Committee Following is the City Manager's memorandum on this item: .T The Six City Water Committee is an advisory committee to the Northern Colorado Water Conservancy District. Its iwijor project in r(-Vent years has been thr Windy Gap water project. Earlier this year, it was decided that the City of Fort Collins could not make a commitment to the Joe Wright Reservoir Dam project and the Windy Gap program at the same time. We, therefore, elected to withdraw from the Windy Gap program. At this time, it became known that the Platte River Power Authority was looking for water for cooling purposes for a possible additionally power -generating facility on the eastern slope. Over a period of time, we negotiated a contract to assign our interests in the Windy Gap program to the Platte River Power Authority with some revisionary or reuse privileges to the City of Fort Collins. Some members of the Six City Advisory Committee do not want or feel that it is necessary for the Platte River Power Authority to be directly involved in the activities. They feel City representation is adequate. At the recommendation of the Water Board and the Administration, the City Council removed Dr. Norman Evans from the Six City Committee and requested that Platte River Power Authority be allowed to make representation in his place. Chuck Liquin and I also went to and.served on the Six City Committee. Rather than raising an issue at this . time, we feel it is important that we get re -involved in the Six City activities. I personally feel the best representation for the City of Fort Collins would be by appointing Roger Krempel, Water and Sewer Utilities Director, and Stanley Case, Electric Utility Director to this Six City Committee. ' Recommendation: The Administration recommends that the City Council appoint "Roger Krempel, Water and Sewer Utilities Director, and Stanley Case, Electric Utility Director to the Six City Board. Councilman Bowling made a motion, seconded by Councilman Wilkinson to approve the recommendation. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Other°Business 1. City Manager Brunton stated Mr. Christopher S. McElroy has submitted an application for a Pawn Brokers_ License:. There is a negative Police report and Mr. McElroy has provided his bond as requested. Councilwoman Gray made a motion, seconded by Councilwoman Reeves to approve the application. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 14 ifs 1 1 2. Roy A. Bingman displayed a large "thank you" card from the children at Moore School for -tile installation of a bike lane. 3. City Manager Brunton rellliII&Xl (.otulCll of the 11100Ang on JMlUary 8, 1970, at the {tome federal Savings Building on Growth Di:nclgcmcnt. Adjournment Councilman Bowling made a motion, seconded by Councilman Suinn to adjourn. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Mayor ATTEST: Cit7z��; en— y Clprc 15