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HomeMy WebLinkAboutMINUTES-03/02/1976-RegularMarch 2, 1976 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, -March 2, 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: Gray, Reeves, Russell and Wilkinson. Absent: Councilmembers Bloom, Bowling, and Suinn. Staff Members Present: Brunton, DiTullio, Bingman, Kaplan, Parsons, Deibel, Cain and Lewis. Also: City Attorney Art March, Jr. Minutes of the February 17, 1976 Regular Meeting Approved As Published Councilwoman Reeves made a motion, seconded by Councilman Wilkinson to approve the minutes of the February 17, 1976 regular meeting as published. Yeas: Councilmembers Gray, Reeves, Russell and Wilkinson. Nays: None. (Councilman Bowling, Councilman Bloom, and Councilman Suinn arrived at the meeting at this time.) Ordinance Relating to Sales Tax of Industrial Machinery Defeated on Second Reading Mayor Russell stated this item had been tabled at the January 6, 1976 meeting. Councilwoman Reeves made a motion, seconded by Councilwoman Gray to remove this item from the table for consideration. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Councilman Wilkinson made a motion to adopt Ordinance No. 85, 1975 on second reading. This motion died for a lack of a second. Councilwoman Reeves made a motion, seconded by Councilwoman Gray to defeat Ordinance No. 85, 1975 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves,Rudsell and Suinn. Nays: Councilman Wilkinson. 1 107 Ordinance Adopted on Second Reading Relating To Drainage Easements and Bicycle Paths in, the Brown Farm Subdivision Councilwoman Reeves made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 3, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Shinn and Wilkinson. Nays: None. ORDINANCE NO. 3 , 1976 BEING AN ORDINANC VACATING CERTAIN EASEMENTS WHEREAS, heretofore the City of Fort Collins obtained from Brown Farm Homeowners' Association an easement for a bicycle/pedestrian route, said easement being recorded July 9, 1974, in Book 1608 at Page 796 of the Larimer County records, the route of said easement being more specifically described therein; and WHEREAS, the proposed bicycle/pedestrian route through this area has been located on other lands and appropriate easements for this route have been granted to the City; and WHEREAS, because of the location of the bicycle/pedestrian route on other lands, the easement recorded in Book 1608 at Page 796 is not needed for municipal purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that that certain easement of the City of Fort Collins recorded in Book 1608 at Page 796 of the Larimer County records, said easement being 20 foot in width with centerline described as follows: Beginning at the NE corner of Section 21, Township 7 North, Range 69 West of the 6th P.M., thence S 00*20' E along the east line of Section 21, 757.21 feet; thence S 54*54' W 60.72 feet to the true point of beginning, said point being on the West right-of-way of South Taft Hill Road; thence continuing S 54*54' W 382.44 feet; thence S 83*39' W 842.09 feet; thence S 76°15' W 607.15 feet; thence S 72*21' W 884.71 feet; thence S 35°09' W 627.37 feet; thence N 80*39; W 463.67 feet; thence S 63°11' W 527.00 feet to the point of terminus on the West line of the East 1/2 of the NW 1/4 of"Section 21; 108 1 be, and the same hereby is, vacated, abolished and abated. Introduced, considered_�favorabl on first reading, and ordered published this GG/7 ss��.•day of , A.D. 1976, and to be presented for nal passagd on the ay of "�MXA,c _ A.D. 1976. ATTEST: �Y"�j or City Clerk Passed and adopted on final reading this 2nd day of March A.D. 1976. ATTEST:�� yor , ON ty Clerk First Reading: February 17, 1976 (Vote: Yeas: 6, Nays: 0) Second Reading: March 2, 1976 (Vote: Yeas: 7, Nays: 0) Dates Published: February 22, 1976 and March 7, 1976 At est: City Clerk Ordinance Adopted on Second Reading Relating to the Repealing of Vagrancy Provisions Councilwoman Gray made a motion, seconded by -Councilman -Bowling to adopt Ordinance No. 13, 1976 on•second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: Nome. 109 ORDINANCE NO. 13 1976 BEING AN ORDINANCE REPENEI-NG SECTION 84-1B OF THE CODE OF THE CITY OF FORT COLLINS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 84-1B of the Code of the City of Fort Collins be, and the same hereby is, repealed. Introduced, considVpd favora ly n first reading, and ordered published this day of D. 1976, and to be resented for anal passag on -the ay of A.D. 1976. ATTEST: Rayor. C iv- .. e r Passed and adopted on final reading this end day of March A.D. 1976. ATTEST: Mayor � ' City Clerk First Reading: .February 17, 1976 (Vote: Yeas: 6, Nays: 0). Second Reading: March 2, 1976 (Vote: Yeas: 7, Nays: 0) Dates Published: February 22, 1976 and March 71 1976 Attest: City'Cler 110 I Ordinance Adopted on Second Reading Relating to the Repealing of Spitting Prohibition Provisions Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 14, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE N0. 14 , 1976 BEING AN ORDINANCE REPEAG SECTION 79-10 OF THE CODE OF THE CITY OF FORT COLLINS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 79-10 of the Code of the City of Fort Collins be, and the same hereby is, repealed. Introduced, considered,favorably on first reading, and ordered published this /�� day of , A.D. 1976, and to be presented for fin- paassage on —the 4— .day of y, A.D. 1976. ATTEST: City Clerk ` W'00 V M"', � ME WAN A 1 //0 � � - X, W/ Passed and adopted on final reading this 2nd day of March A.D. 1976. ATTEST: yMg or ty C er tk- 111 First Reading: February 17, 1976 (Vote: Yeas: 6, Nays: 0) Second Reading: March 2, 1976 (Vote: Yeas: 7, Nays: 0) Dates Published: February 22, 1976 and March 7, 1976 Attest. City Clerk Ordinance Adopted on Second Reading Relating to Licenses for Public Dance Halls Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 17, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 17 , 1976 BEING AN ORDINANCE AMENDING SECTION 73-38M(3) OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO LICENSES FOR PUBLIC DANCE HALLS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 73-38M(3) of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting there- from the following words and figures: "and who shall execute to the City of Fort Collins a corporate surety bond, to be approved by the Director of Finance in the penal sum of five hundred dollars ($500.), conditioned that the individual or firm so licensed shall observe and keep all of the ordinances of the City of Fort Collins in force at the time of issuing of said license or that may be passed or adopted during the term of said license." Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 1976, and to be presented for final passage on the 2nd day of March, A.D. 1976. 112 1 mayor City Cle Passed and adopted on final reading this 2nd day of March, A.D. 1976. I ^ /J ATTEST : Mayor City Cler First Reading: February 17, 1976 (Vote: Yeas: 6, Nays: 0) Second Reading: March 2, 1976 (Vote: Yeas: 7, Nays: 0) Dates Published: February 22, 1976 and March 7, 1976 Attest: CJ City Clerk Ordinance Adopted on Second Reading Relating to Permits for Moving Buildings on Public Streets Councilman Suinn made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 18, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 18 1976 BEING AN ORDINANCE AMENDING SECTION 95-30 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO PERMITS FOR MOVING BUILDINGS ON PUBLIC STREETS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 95-30 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: 113 "§ 95-30. Permit required for moving buildings on streets; conditions. "A. It shall be unlawful for any person, persons or corporation to use or occupy any street, alley or other public ground in the city for the purpose of moving a building or other structure across or thereon without first having obtained a permit therefor from the Director.of Engineering Services. "B. Application for a permit hereunder shall be made upon forms to be furnished by the Director of Engineering Services and shall set forth such information as may be required thereon. At time of making application, the applicant shall pay the permit fee in the amount of twenty-five dollars ($25.) and shall file the bond required herein. "C. Application for a permit hereunder shall be accompanied by a corporate surety bond in the amount of two thousand dollars ($2,000.), condi- tioned upon compliance with all requirements of the ordinances of the City of Fort Collins relating to activities under the permit. "D. Any person using the streets, alleys, or other public ground for the purpose of moving buildings and other structures across or thereon shall be responsible for any damage done to such street, alley or public ground or any improvements situated thereon including, without limitation, trees and other plantings, signs, utility poles and utility lines, traffic signals, and the like. Any such persons shall also be responsible for any damage caused to any private property by virtue of use of the streets, alleys and other public ground of the city for the purpose of moving such buildings or other structures. "E. The Director of Engineering Services shall deter- mine whether the applicant possesses the technical qualifications and the necessary equipment for the moving of buildings and structures and shall issue or deny the permit based upon such determination. 114 1 "F. Any permit granted hereunder may be revoked by the Director of Engineering Services upon written notice to the holder of the permit, if the permit holder fails to comply with the requirements of the ordinances of the City of Fort Collins relating to the permit or for other good cause relating thereto. In the event of such revocation, no fee paid hereunder shall be refunded. If any permit holder objects to the revocation of a permit by the Director of Engineering Services, he may request a hearing on the question of revocation before the Building and Contractors' Licensing Board, which shall make the final determination on the question. "G. Any permit granted hereunder shall be valid for one year unless sooner revoked." Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 1976, and to be presented for final passage on the 2nd day of March, A.D. 1976. ATTEST: ty Clerk Passed and adopted on final reading this 2nd day of March, A.D. 1976. ATTEST: City Clerk First Reading: February 17, 1976 (Vote: Yeas: 6, Nays: 0) Second Reading: March 2, 1976 (Vote: Yeas: 7, Nays: 0) Dates Published: February 22, 1976 and March 7, 1976 Attest: iLy Cler 115 Ordinance Adopted on Second Reading Relating to Licensing for Sidewalk, Driveway, and Curb and Cutter Contractors Councilman Wilkinson made a motion, seconded by Councilman Bloom to adopt Ordinance No. 19, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None, ORDINANCE NO. 19 , 1976 BEING AN ORDINANCE AMENDING SECTION 73-128 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO LICENSES FOR SIDEWALK, DRIVEWAY, CURB AND GUTTER CONTRACTORS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 73-128 of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting therefrom the following words and figures: "and a bond shall be required to be signed by some reliable surety company, to be approved by the Director of Finance, in the sum of two thousand dollars ($2,000.)," and by substituting therefor the following words and figures: "and a bond shall be required to be signed by some reliable surety company, to be approved by the Director of Finance, in the sum of ten thousand dollars ($10,000.)," Introduced, considered favorably on first readingg, and ordered published this 17th day of February, A.D. 1976, and to be presented for final passage on the 2nd day of March, A.D. 1976. ATTES" : My Clerk I 116 1 1 I Passed and adopted on final reading this 2nd day of March, A.D. 1976. ATTEST: � yo r��� y �ihll� City Clerk First Reading: February 17, 1976 (Vote: Yeas: 6, Nays: 0) Second Reading: March 2, 1976 (Vote: Yeas: 7, Nays: 0) Dates Published: February 22, 1976 and March 7, 1976 Attest: City Clerk Ordinance Adopted on Second Reading Relating to Blue Law Statutes Councilwoman Reeves made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 20, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 20 , 1976 BEING AN ORDINANCE REPE LING SECTION 73-46D OF THE CODE OF THE CITY OF FORT COLLINS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 73-46D of the Code of the City of Fort Collins be, and the same hereby is, repealed. Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 1976, and to be presented for final passage on the 2nd day of March, A.D. 1976. 117 ATTES J-��'a'—�•-�'-1'-L.s(L�d� Mayor ty C er Passed and adopted on final reading this 2nd day of March, A.D. 1976. A4tyereVn— o Mayor First Reading: February 17, 1976 (Vote: Yeas: 6, Nays: 0) Second Reading: March 2, 1976 (Vote: Yeas: 7, Nays: 0) Dates Published: February 22, 1976 and March 71 1976 Attest: y� City Clerk Ordinance Adopted on Second Reading Relating to Executive Sessions of the City Council Mr. Herb Brauer, 421 S. Howes, spoke at length in opposition to the ordinance and specifically to Section B, (i), "a", Matters involving the hiring, appointment, dismissal, demotion, promotion, assignment, disicipline of City personnel, and the review of the performance of the City Manager, the City Attorney or other direct Council employees. Councilman Suinn made a motion, seconded by Councilman Bowling to adopt Ordinance No. 21, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 118 ORDINANCE NO. 21, 1976 BEING AN ORDINANCE AMENDING SECTION 2-2B OF THE CODL OF THE CITY OF FORT COLLINS RELATING TO MEETINGS OF THE CITY COUNCIL BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That. Section 2-2B of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "B. Executive Sessions. The Council, by majority vote of its members, may go into executive session for the purpose of considering matters when the Council determines that the release of the information to be discussed would be contrary to the best interests of the City of Fort Collins. No executive session shall be held for the purpose of discussing any matter except those involving the following subjects: "(i) Personnel matters restricted to the following areas: "a. .Tatters involving the hiring, appointment, dismissal, demotion, promotion, assignment, discipline o_f City personnel_, and _the review _,_ of -the .perform_ance of the City Manager, the City Attorney or other direct Council employees. "b. Consideration of complaints or charges against individual City personnel, provided that such matter shall not be considered in executive session if the individual concerned requests that the matter be considered in open session. "c. Consideration and discussion of strategy matters relating to negotiations with employee groups, including unions. "(ii) Meetings with the City Attorney or other attorneys representing the City for the purpose of discussing strategy and to receive legal opinions in connection with an adversary situation. "(iii) Consideration of water and real property acquisitions by the City restricted to considera- tion of appraisals and other value estimates and consideration of strategy for the acquisition of such property. i No final legislative action shall be taken by the City in executive session, and such final legislative 119 action may be taken only in open meeting. Executive sessions shall be closed to the general public, but the Council may permit any person or group to attend such sessions." Section 2. If any section, subsection or provision of this ordinance or the application thereof to any circumstance is declared unconstitutional or otherwise invalid by any competent court, such invalidity shall not affect the other portions or applications of this ordinance if they can be given effect without the invalid portion or application. The Council further declares that by passage of this ordinance it is expressing in the ordinance restrictions on the proper subjects for executive sessions, but such restrictions are in accord with its previous interpretation of the ordinance herein amended. The repeal or a determination of invalidity of any portion of this ordinance shall cause the original ordinance to again become effective unless such repeal or determination specifically provides to the contrary. Introduced, considered favorably on first readingg, and ordered published this 17th day of February, A.D. 1976, and to be presented for final passage on the 2nd day of March, A.D. 1976. ATTE° ayor ty er Passed and adopted on final reading this 2nd day of March, A.D. 1976. ATTES CfEy Clerk First Reading: February 17, 1976 (Vote: Yeas: 6, Nays: 0) Second.Reading: March 2, 1976 (Vote: Yeas: 7, Nays: 0) Dates Published: February 22, 1976 and March 7, 1976 Attest: City Clerk 120 1 Ordinance Adopted on Second Reading Relating to the Licensing to Operate Amusement Devices Councilman Bowling made a motion, seconded by Councilman Bloom to adopt Ordinance No. 22, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. Z Z, 1976 BEING AN ORDINANCE AMEND NG SECTION 73-42 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO LICENSES TO OPERATE AMUSEMENT DEVICES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 73-42A of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting therefrom the following words and figures: "and shall execute to the City of Fort Collins a good and sufficient bond with at least two (2) good sureties or a surety company bond to be approved by the Director in the penal sum of five hundred dollars ($500.), conditioned that the person or persons so licensed shall observe and keep all of the ordinances of the City of Fort Collins in force at the time of the issuing of said license or that may be passed or adopted during the term of said license." Section 2. That Section 73-42C of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting therefrom the following words: "and then only upon the filing of a new bond by the transferee as hereinabove provided,". Introduced, considered favorably on first readingg and ordered published this 17th day of February, A.D. 1976, and to be presented for final passage on the 2nd day of March, A.D. 1976. 121 ATTEST: Mayor ty C er c Passed and adopted on final reading this 2nd day of March, A.D. 1976. ATTEST: r�' L� Ffayor City Clerk First Reading: February 17, 1976 (Vote: Yeas 6, Nays: 0) Second Reading: March 2, 1976 (Vote: Yeas: 7, Nays: 0) Dates Published: February 22, 1976 and March 7, 1976 Attest: City Clerk Lake Sherwood Subdivision, Fourth Filing Conditionally Approved Senior Planner, Paul Deibel identified the area in question stating this was a proposal for twelve single family lots on the west side of Park Lake Drive and South Drake Road. The Planning and Zoning Board had approved this subdivision based on compliance with various conditions that were made during review of the preliminary plat. The staff recommendation is for approval subject to approval of the utility plan by the City Engineer. Councilman Wilkinson made a motion, seconded by Councilwoman Gray to approve the Lake Sherwood Subdivision, Fourth Filing upon condition of approval of the utility plan submitted by the City Engineer. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. Village West Subdivison, Sixth Filing Conditionally Approved Senior Planner, Paul Deibel stated that.this is the final plat for 37 single family lots located on 10.4 acres, zoned R-L low density residential. The Planning and Zoning Board has recommended approval with several minor changes which had been met. The staff recommendation is also for approval subject to approval of the utility plan by the City Engineer. 122 Councilwoman Reeves expressed concern for the access of the future residents to Rolland Moore Park. City Attorney March stated this connection will make it much easier to get to the park. Councilwoman Gray inquired if this area would be part of a homeowner's associa- tion. City Attorney March responded that it would not. Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve the Village West Subdivision, Sixth Filing, subject to approval of the utility plans to be approved by the City Engineer. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 1413 South College, Planned Unit Development Conditionally Approved Following is the City Manager's memorandum on this item: Ken Medearis has recently purchased the house at 1413-South College Avenue. There was some delay and confusion due to the need for getting approval from the Zoning Board of Appeals, Planning and Zoning Board, Building Division, and the City Council. Previously the house had a restricted variance that it could only be used as a fraternity house. Recently the Zoning Board of Appeals gave Mr. Medearis a variance from the 2-acre parking requirement of the P.U.D. Ordinance and also a variance to restrict the use of the facility to his type of engineering and research office. At its March 1st meeting, the Planning and Zoning Board approved the P.U.D. plat upon meeting two conditions: (1) that ingress only be allowed from the College Avenue side and egress only be allowed from the alley side of the property; (2) that there be ten parking spaces in lieu of the proposed seven spaces. City Attorney March spoke to the variance granted by the Zoning Board of Appeals which made the variance contingent upon the specific use of the building and the. letter submitted by Mr. Medearis which stated, in part, that "KMA" has no intentions of expanding its staff or sub -leasing any of the available space. "Ownership will be restricted to Kenneth G. and Mary G. Medearis and/or members of our immediate family." Councilwoman Gray made a motion, seconded by Councilman Suinn to approve the 1413 South College Avenue P.U.D. conditional upon meeting the two conditions: (1) that ingress only be allowed from the College Avenue side and egress only be allowed from the alley side of the property; (2) that there be ten parking spaces in lieu of the proposed seven spaces. 123 Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Public Service Company In Lieu of Taxes Check -Received Mr. Bob Moninger of the Public Service Company introduced Mr. Bruce Hansford, the new Consumer Service Manager and presented the company's check to the City for $75,028.17. Mr. Moninger responded to Council inquiries regarding the natural gas situation. Ordinance Relating to Distribution of Handbills Tabled Councilman Bloom inquired into the following sections of the ordinance: 1. § 73-58 - License required. Would this .pass -out material include political material. 2. Licensees shall have the right of appeal of the decision bf the Finance Director to the City Council. 3. Provision for enforcement. City Attorney March stated that (1) would probably apply, (2) would go to the City Manager and then to the Council should there be a problem, and (3) there is a general penalty.section in the ordinances which provides that a violation of any ordinance is a misdemeanor and punishable. Councilwoman Gray stated handbills might be a use which will be increased due to higher postage rates, and perhaps the licensing procedure should be deleted. City Attorney March stated this area can only be handled through a licensing procedure. Other Councilmembers stated they would like exemptions for chari- table organizations. Other suggestions for change were in the area of clean up @ 73-61; also allowance for posting in a designated downtown area and to reduce or a1;m;nata the fee and make the ordinance not applicable to political handbills. Councilman Wilkinson made a motion, seconded by Councilman Bowling to table this item with instructions to the City Attorney to redraft the ordinance. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Ordinance Relating to Funds to Special Assessment Funds Adopted on First Reading Following is the City Manager's memorandum on this item: 124 We have discovered two financial discrepancies in connection with Street Lighting Improvement District No. 4 and Sanitary Sewer Improvement District No. 57. The method whereby this can be corrected is by transferring money from the Surplus and Deficiency Account to the individual special assessment accounts. The problem in Street Lighting Improvement District No. 4 was the over- charging for street lights. This was caused by not giving some of the property owners credit for existing lights, creating excessive assessment amounting to $131.70, which will be reimbursed to the various property owners in the assessment district. The situation on Impala Drive in Sanitary Sewer Improvement District No. 57 has been more complicated and has taken longer to resolve. When the assess- ment was spread in this district a piece of property on the corner of one of the side streets was not includedin.this district. It was felt at that time that this property would be served off of the side street; however, some years later the property owner connected onto the Impala Drive section. This property should have been rightfully included in the Special Assessment District on Impala Drive. If it had initially been included, the cost per foot and total assessment for each one of the property owners would have been somewhat less. It is our feeling that this money should be rebated to the individual property owners on this street. The total cost of this portion is $983.01. Councilman Bloom made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 16, 1976 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Resolution Adopted Assigning Amounts for Expenditures in 1976 Following is the City Manager's memorandum on this item: At the time that the 1976 Budget was adopted, the City had not agreed upon the final Pay Plan for City employees for 1976. A total of $300,000 was placed in the Insurance and Retirement Fund Account to cover salaries and fringe benefit increases in 1976 which were approved by Council, and $50,000 was placed in the Contingency Account for other necessary adjustments in the Budget. At a special meeting on November 25, 1975, the City Council approved the 1976 Compensation Schedule with the understanding that the money would be trans- ferred from the Insurance and Retirement Fund Account and from the Contingency Account to the various operating department accounts. At its January 20, 1976, meetilig the City Council approved some minor changes in the Police and Fire Departments. The longevity pay in the Fire Department was increased by $1.00 for each year of service, and the police lieutenants were granted an additional 3 percent salary increase in lieu of getting any overtime. The aforementioned resolution makes all of these adjustments plus some other adjustments- that were formerly placed in other accounts. We are now placing 125 all of the fringe benefits except workmen's compensation in their various operating accounts in the General Fund. Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. RESOLUTION 76-19 OF THE COUNCIL OF THE CITY OF FORT COLLINS ASSIGNING THE AMOUNT HERETOFORE APPROPRIATED FOR EXPENDITURE DURING THE YEAR 1976 FOR SALARY AND FRINGES UNDER THE INSURANCE AND RETIREMENT ACCOUNT CLASSIFICATION AND CONTINGENCY ACCOUNT CLASSIFICATION TO SPECIFIC DEPARTMENTS WHEREAS, in approving the budget for the year 1976 the City Council approved a total expenditure for insurance and retirement amounting to $300,000.00 and an expenditure for contingencies amount to $14,510.00; and WHEREAS, such amounts were budgeted in anticipation of increased salaries and fringes for general fund personnel to cover cost of living increases, but the actual allocation of salary increases and fringes had not been determined at the time of adoption of the budget; and WHEREAS, the City Manager has now made his recommendation to the City Council for salary increases and fringes and the City Council has approved such increases and it is now necessary to direct the expenditure of such funds to cover such salary increases and fringes. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS THAT the sum of $314,510.00 budgeted and appropriated under the Insurance and Retirement Account and the Contingency Account is hereby allocated to departments for salary increases and fringes within such departments, as follows: ADDITIONAL DEPARTMENT OR DIVISION ALLOCATION City Council $ 389 — City Manager 5,047— General Administrative Services Administration 6,449 Personnel 8,340— Purchasing 4,042 Management Information Systems 5,843 Buildings and Grounds 12,523 Health and Safety 1,124 Transportation 524 126 Boards and Commissions $ 431 Human Resources 569- i Land Acquisition 3,610 Finance 18,155 I City Attorney 1,339 Police 87,931 Fire 71,001' Engineering Services Administration j 2,803' Engineering 12,883- Building Inspection 7,692. Traffic and Street Lights i 2,414 Streets and Alleys 7,828- Planning 6,398 Parks and Recreation Administration 3,841 Parks j 11,549- Recreation ,713713 Senior Citizens 839- Forestry 2,217. Indoor Pool 3,204. Youth 836 Grandview 4,780 Roselawn 665 Library 12,531 $314,510 Passed and adopted at a regular meeting of the City Council held this 2nd day of March,. A.D. 1976. ATTEST: CrEy Clerk 127 Various Easement. Agreements Accepted Director of Engineering Services Roy A. Bingman, stated these easements were in connection with the Alta Vista Sewer and are at the same rate as the easements to the south from Mr. Harold Fischer. City Manager Brunton stated these fees would be paid by the sewer utility. 1. Easement Agreement between Sam Webster, Jr. and the City of Fort Collins relating to the Alta Vista Sewer line right of way. Consideration: $2,402.00 2. Easement Agreement between Louis Garcia and Manuel Apodaca and the City of Fort Collins relating to the Alta Vista Sewer line right of way. Consideration: $750.00 Councilman Bloom made a motion, seconded by Councilman Bowling to accept the easements and authorize the Mayor and City Clerk to execute the agree- ments on behalf of the City. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Regular City Council Meeting from March 16, 1976 Adjourned to March 17, 1976 Following is the City Manager's memorandum on this item: The next regular meeting of the City Council is scheduled for March 16, 1976. Most members of the Council and the City Manager will not be available for that meeting, and therefore, it is suggested that the the meeting be adjourned to the 17th. In order to accomplish. this, the Administration recommends that the City Council pass a motion on this meeting date recognizing that a quorum will not be available for the meeting of March 16�h, and adjourning the meeting until March 17th. Councilman Bowling made a motion, seconded by Councilwoman Gray to adjourn the regular meeting of Tuesday, March 16, 1976 to Wednesday, March 17, 1976. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Citizen Participation 1. Mir. David Neenan, 2013 Orchard Place, appeared before the Council and praised the Council for clearing up its decision making process; praised the City Manager for his leadership, and the Building Inspection Department, under Bill Waldo, for being much improved. 128 2. Mr. Reginald Herin, 1404 Pikes Peak Drive stated he did not. agree'With the route City Manager Brunton is taking on Hewlett Packard." City Manger Brunton responded that he had requested department heads to clear information through his office in order not to damage negotiations in the utility area. Councilwoman Gray requested that City Manager Brunton respond to specific points as reported in the Sunday Coloradoan. (Secretary's note: Mayor Russell asked to be excused from the meeting at this time. He returned later in the meeting.) 3. Val Ogden, representing Community Education, presented brochures and updated the Directory of Human Services as part of the Information Referral program. Report from City Manager I. City Manager Brunton made an oral report and the following announcements: (a) The City is proceeding with plans on the Service Center. The additions are proposed to be let for bid in April or May of this year. (b) The aerial platform for the Fire department has been repaired at a cost of $25,00(. (c) The administration will be starting a supervisory training course in cooperation with CSU for first line supervisors. (d) The first draft of the Administration Manual has gone out to department heads. (e) A course for department heads will start in the latter part of March or first part of April called 'Tlanaging the Modern City." (f) The next Council meeting will be on Wednesday, March 17, 1976. (g) The next work session will be March 23, 1976--items will be the auditorium, open space, fire alarm and burglar alarm systems. (h) On March 22, in the afternoon, there will be a Six City Water Board meeting in Loveland. (i) On March 30, 1976 he is trying to schedule an evening work session with the Downtown Redevelopment Commission and the City Council. (j) On March 31, 1976, there will be the Appreciation Banquet for the Boards and Commissions. (k) On May 4, 1976, the administration will present a report on the museum. 129 (1) On April 21, 1976, the Platte River Power Authority will be having their annual meeting with all the Councils of the four cities. (m) A meeting with all the ditch companies had been held on March 1, 1976. (n) In the Fire Area-- Fire Chief Fierce has requested a meeting on the combination of the communications system. Also a request for clarification of all the mutual aid agreements. (o) In the Water Utility-- the administration has entered into an agreement with George Bargelt and Company for work on Water Treatment Plant No. 2. (p) Major work at Water Treatment Plant No. I has almost been completed. (q) Work at Sewer Treatment Plants I & II are going along well. Opening date is expected to be this summer. (r) Harold Ellingson is working on studying the design capacity of the outlet at Soldier Canyon. (s) The City has been informed that more hydrology and more information on drought cycles will be required by the Bureau of Reclamation on the Joe Wright Reservoir. II. City Manager Brunton requested that Director of Electric Utilities, Stan Case brief the Council on the bond sales made by the Platte River Power Authority. Stan Case reported that the 60 million dollar bond issue with a 7.24 percent interest rate is expected to save Platte River Power Authority $490,000 annually. III. City Attorney March reported to the Council that about a month ago, in connection with the closing of Briarwood Road, the City had received notice of a suit. He had referred the matter to the insur- ance carrier and they have indicated that this matter is not covered. There is a question about this, however, the City cannot default, therefore, he would like permission to enter an appearance on behalf of the City in that case. Councilman Wilkinson made a motion, seconded by Councilman Bloom to authorize the City Attorney to enter an appearance on behalf of the City in connection with the suit regarding the closing of Briarwood Road. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. (Mayor Russell out of room.) 130 Ordinance Adopted on First Reading Creating Street Improvement District No. 71 Assistant Mayor Bowling explained to the audience that Mayor Russell had been called out of the meeting and Council would not vote on this issue until he returned to the meeting. City Attorney March informed Council that affirmative action of all members of the Council is required in order to move the district forward, and in addition to the resolution which Council has before it and the Ordinance, Council will need to pass a motion determining that the public interest does require making the improvements and requiring the improvements which are proposed in this district. Further; ata previous meeting, this ordinance was considered and tabled to this date. Therefore, it is necessary to bring it off the table. Councilwoman Gray made a motion, seconded by Councilwoman Reeves to remove the ordinance from the table for' consideration. yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Next, Attorney March stated the administration has anticipated, in the ordinance that is before Council this evening, that Peterson Street would be deleted and that there would be some other changes. Councilwoman Gray made a motion, seconded by Councilwoman Reeves to amend the original ordinance to the form which is in the agenda. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. This being the date for the hearing on the ordinance, the City Council should proceed with the hearing. City Manager Brunton spoke to the reallocation of the moneys and the entire question of street lighting. Director of Electrical Utilities Stan Case and his staff presented a report on the street lighting standards and an alternate for consideration. City Manager Brunton spoke to the energy saving aspect of the high pressure sodium lights, and the need for direction from the Council on the lighting standard for Taft Hill Road. The alternate proposed is for the same spacing of lights, the same physical layout, but reduced from 250 watt high pressure sodium to 150 watt high pressure sodium. City Attorney March advised Council that if they desired to adopt the alternate the cost summary should be changed as follows: Cost Suewar . The cost reduction in assessment for city participation in curb ancL si ewal , and the 8' parking area is as follows: Original estimated assessment (less 15% contingency) $22.89 Less City participation for side- walk -2.50 -131 $20.39 Less City additional participation for street 5% contingency Street lighting 17% Administration $20.39 - 4.09 1 .3 0.82 1.7.12 0.4 0.79 0 791 9 3.04 20.5 $2�5 Assistant Mayor Bowling then polled the Council on their desires on the alternate. Councilmembers Wilkinson, Suinn, Reeves, Gray, Bowling and Bloom responded "yes" on the question, "Do you favor alternate (e)?" Council then opened the subject of the whole improvement for discussion. Those speaking were as follows: Mr. Keith Webb, 1455 South Taft Hill Road, inquired if there was an ordinance which would prohibit trucks over 10 tons from driving on residential streets. Roy A. Bingman stated the Traffic Engineer is working with one of the Assistant City Attorneys to draft a general truck provision to allow only local truck traffic in the City. Mr. Webb further inquired into what provisions had been made for parking on the street. Roy A. Bingman stated it had been previously recommended that in the interim period of from one to three years, undetermined at this time, that parking could be allowed on the street in front of the residences until it is necessary to use the full four lanes because of the increasing traffic. Mr. Jerry Arnold, 345 S. Taft Hill, read a written statement into the record regarding the proposed improvements and informed the Council that ' Mrs. Skipworth, 325 South Taft Hill Road had written to Senator Gary Hart's Office and from that conference it had been requested that federal funds be made available for persons on fixed incomes in the district. Senator Hart's Office had now informed the residents that funds were not available. Mr. Arnold also requested that the administration send a letter to the residents informing them of the whole improvement district proposal, costs, and alternates in making payments. Councilwoman Gray endorsed the idea of sending a letter to explain the whole improvement district to the area residents. (Mayor Russell returned to the meeting at this time.) City Attorney March suggested that Council advise Senator Hart, who has taken an interest in this matter, tat Council has used Revenue Sharing Funds to assist those persons on fixed income and hardship cases in regard to payments required for improvement districts. Mr. John Collier, 541 South Taft [Jill Road, spoke against the formation of the district. Roy A. Bingman again presented the summary on rationalefor forming the district. 4. Mr. Bill Collier, 49 South Taft Hill Road, supported an earlier suggestion that an environmental impact statement be prepared for this area. 132 I Councilman Bloom stated the administrative staff has responded to tjie suggestion made by the residents but he is fearful that accommodation have been to these area residents at the expense of the City at large. City Attorney March stated the ordinances provide for special hardship adjustments at the time the district is assessed. 5. Mr. Fred Whitaker, 920 South Taft Hill Road asked for a clarification of what would be done with improvements already installed. Roy A. Bingman stated these would be left in tact. 6. Attorney Gene Timmerman requested the City Administration look into raising the amount of the funds for people on fixed income or a gra(!,:r 1-=a scale for hardship cases that could be forgiven. At the conclusion of the hearing, City Attorney March suggested the folloii;p amendments to the resolution: change the dollar amount which is now $17.be in part (d) of Section 1, to $17.91 and add wider that same Section 1, a part (e) as follows: (e) The plans for street lighting in the district are amended so that the luminairs shall be 150 watt high pressure sodium. Councilman Bowling made a motion, seconded by Councilwoman Reeves to amend the resolution as above. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adopt the resolution as amended. Yeas: Councilmembers Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. (Secretary's note: Councilmen Bloom and Russel.i. abstained with the understanding that the official records show this is an affirmative vote.) Councilwoman Reeves made a motion, seconded by Councilman Bowling that the City Council find and determine that the public interest requires the making and acquisition of the :proposed improvements in this district. Yeas: Council members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. RESOLUTION 76-20 OF THE COUNCIL OF THE CITY OF FORT COLLINS NOTIFYING AND CHANGING SOME DETAILS HERETOFORE APPROVED PERTAINING TO CONSOLIDATED STREET IMPROVEMENT DISTRICT NO. 71 WHEREAS, heretofore the City Council by resolution directed the City Engineer to prepare plans, specifications and other details in connection with Consolidated Street Improvement District No. 71; and 133 WHEREAS, the City Council then by resolution approved the plans, specifications and other details and established the amounts to be paid by the City toward the cost of the improvements to be installed; and WHEREAS, the City Administration has recommended to the Council certain changes which the Council desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: SECTION 1. That the details heretofore approved in connection with Consolidated Street Improvement District No. 71 are hereby changed and amended in the following particulars: a. The proposed improvements to be installed on Peterson Street shall not be installed and the properties abutting such street are hereby deleted from this district. b. The City Engineer has amended his estimate for the improve- ments on Taft Hill Road to $234,123 and suchamended estimate is hereby approved and substituted for the previous estimate of such cost. c. The proportion of the cost of the improvements on Taft Hill Road to be paid by the City at large and not by assessments against property in the district is hereby changed to $101,985. d. The maximum assessment to be made on account of the improve- ments to Taft Hill Road is hereby changed to $17.91 per front foot exclusive of the amount to be added (17%) to cover the expense of collectiai, legal, advertising, financing, interest during the construction, and oth.--- incidentals. e. The plans for street lighting in the district are amended so that the luminaires shall be 150 watt high pressure sodium. SECTION 2. Except as amended above, all previous proceedings in connection with the formation of Consolidated Street Improvement Distri,- No. 71 are hereby ratified and confirmed. 134 f Passed and adopted at a regular meetir g of the City Council held this 2nd day of march ; A.D. 1976. ATTEST: City Clerk Ordinance Adopted on First Reading Relating to the Building Code Following is the City Manager's memorandum on this item: For some time, several Council members have been requesting some type of rehabilitation code permitting reasonable redevelopment of existing buildings in the City. Under our present codes, it is difficult for a developer or owner to bring an existing building up to full compliance with the Code and still have a financially feasible project. Rather than adopting a whole rehabilitation code, it was suggested that we pass an amendment to Section 204 of the Building Code to give discretionary power to the Building Board of Appeals to make practical and reasonable adjust- ments to the strict requirement of the Code. Initially, the Building Board or Appeals felt that this would entail too much work. However, after further discussion and study it was determined that most of the leg work would be done by the City staff. At a meeting on Thursday, February 19, 1976, the Buildingo Board of Appeals voted unanvrously to recommend the proposed ordinance to thu City Council for adoption. It is now the feeling of many that this amendment could possibly be better and more flexible than a more elaborate rehabilitation code. In the next six to nine months, this entire project should be Councilwoman Reeves requested a report in about six months on how this ordinance is working out. Councilman Bowling made a motion, seconded b Ordinance No. 6, 1976 on first reading. Yea Gray, Reeves, Russell, Suinn and Wilkinson. 135 y Councilman Wilkinson to adopt s: Councilmembers Bloom, Bowling, Nays: None. A�reement with Recycle Something Approved Following is the City Manager's memorandum on this item: The status of Recycle Something has been pending for some time. Initially, the Recycle Something group had requested the use of certain property located on what is commonly known asthe !old City Dump on the east side of North College for a recycling center. The Planning and Zoning Board recommended approval but the Cultural Resources Board recommended against, primarily because this area was designated as an historic landmark. The staff does not feel that the temporary use of this property for this purpose would do any major damage to a piece of property that is not being developed or considered for development in the near future, providing the necessary safeguards in the agreement are met. Enclosed is the agreement signed by Recycle Something. City Attorney March stated he had reviewed the agreement with the Cultural Resources Board and they had recommended approval. Councilman Suinn inquired into iten 9, whereby the City could repossess, for reasons other than the stated ones, such as "the City wishes to re -utilize it as an historical site." City Attorney March stated it would take either negotiations or the expiration of the agreement. Councilman Bloom made a motion, seconded by Councilman Wilkinson to approve the agreement with Recycle Something and authorize the City Manager and Citv Clerk to execute the agreement. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Adjournment Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adjourn. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ATTEST: i C el r Mydr 136