HomeMy WebLinkAboutMINUTES-07/20/1976-RegularJuly 20, 1976
':OUNCIL OF THE CITY OF FOR! COLLINS, CO ORADO
Council - Manager Form of Government
Regular Meeting - 5:10 P.M.
A regular meeting of the Council of the City of Fort Collins was
held on Tuesday, July 20, 1976, at 5:3C P.M. in the Council
Chambers in the City of Fort Collins City Hall. Roll call"was
answered by Councilmembers Bloom, Gray, Reeves, Russell, Suinn
and Wilkinson.
Absent: Councilman Bowling.
Staff Members Present: Brunton, Kaplan, Deibel, Holmes, McGraw,
Parsons, Liley, Harding and Lewis.
Also: City Attorney Arthur March, Jr.
Minutes of the meetings of June 22, June 1_9,
and July 6 1976 Approved as Published
Councilman Suinn made a motion, seconded by Councilman Bloom to
approve the minutes of the adjourned meetings of June _12, and
June 29, and the regular meeting of .July 6, 1976. Yeas: Council -
members Bloom, Gray, Reeves, Russell, Suinn and Wilkinson. Nays:
None.
Ordinance Adopted on Second Reading
Amending the Curfew Ordinance
Following is the City Manager's memorandum on this item:
"The City Council adopted Ordinance No. 51, 1976 on first reading
at their meeting of July 6, 1976.
There have been several discussions on the elimination and/or
amending of the curfew ordinance. A special Police -Community
Relations Task Force had recommended that the age limit be reduced
from 16 years to 14 years and that the hours of prohibition be
changed from 1 a.m. to 5 a.m. in place of the present 11 p.m. to
5 a.m. At the Council meeting several persons spoke for or
against the elimination of and/or amending of the curfew ordinance.
The initial public hearing was held at the June 22, 1976. Council
meeting. Subsequently, the Council voted to change the hcurs of
[)`. Oh162t10n t0 12 0';...^C:- -i�' -1 to S a.m. ..tv, t'_(Dwe:e7, vo--'c
l
not to reduce the age limit."
Councilman Suinn made a motion, seconded by Councilman Russell '
to adopt Ordinance No. 51, 1976 on second reading. Yeas:
Councilmembers Bloom, Reeves, Russell, Suinn and Wilkinson.
Nays: Councilwoman Gray.
ORDINANCE NO. 51, 1976
BEING AN ORDINANCE AMENDING SECTION 84-6
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO OFFENSES INVOLVING CHILDREN
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. That Secton 84-6A of the Code of .the City
of Fort Collins be, and tr:e same hereby is, amended to read
as follows:
"A. Curfew. No person under the age of sixteen
(16) years shall be upon any street, alley, avenue '
or other public place in the City of Fort Collins
between the hours of 12:00 Midnight and 5:00 a.m.
unless such person is in the custody of an adult."
Sec --ion 2. That Section 84-6B of the Code of the City
of Fort Collins be, and the same hereby is, amended to read
as follows:
"B. Loitering of children. No parent or parents,
guardian or guardians or any other person or
persons having the care or custody of a person
under the age of sixteen (16) years shall permit
such minor to be upon any street, alley, avenue or
other public place in the City of Fort Collins
unaccompanied by an adult between the hours of
12:00 Midnight and 5:00 a.m. and any person found
guilty of violating this provision shall be fined
not less than ten dollars ($10.) nor more than one
hundred dollars ($100.) for each violation."
1
Introduced, considered
ordered published this 6th
presented for final passage
1976.
favorably on first reading, and
day of July, A.D. 1976, and to be
on the 20th day of July, A.D.
r
ATTEST- Mayor
City Clerk
Passed and adopted on final reading this 20th day of
July , 1976.
--
ATTEST:
c
Ci y Clerk
First Reading:
Second Reading:
Dates Published
,attest:
itv Clerk
July 6, 1976
July 20, 1976
July 11, 1976
(Vote: Yeas: 6, Nays: 1)
(Vote: Yeas: 5, Nays: 1)
and July 25, 1976
Ordinance Adopted on Second Reading
Vacatina a Sanitary Sewer Easement
Following is the City Manager's memorandum on this item:
"Ordinance No. 52, 1976, was adopted on first reading at the
July 6, 1976, City Council meeting.
In Mav, 1959, the City of Fort Collins received an easement from
E. R. Betz for a 24-inch sewer line. Subsequently an agreement
..as obtained on January 16. 19149, concerning a: alternate rou e
this easement. :i= 1.5 greement obli;ated the Cite to
Bandon the previous right of w-- . This was never done. Thi
ordinance is reouired so that E. R. Bet= can sell this
Councilwoman Reeves made a motion, seconded by Councilwoman Gray
to adopt Ordinance No. 52, 1976. Yeas: Councilmembers Bloom,
Gray, Reeves, Russell, Suinn and iVilkinson. Nays: None.
ORDINANCE NO. 52 , 1976
BEING AN ORDINANCE VACATING AN EASEMENT FOR
A 24-INCH SANITARY SEWER LINE ACROSS CERTAIN
LANDS IN THE CITY OF FORT COLLINS
WHEREAS, heretofore the City of Fort Collins acquired
by agreement recorded in Book 1438 at Page 943 an easement
for a 24-inch sanitary sewer line across certain lands
situate in the SW 1/4 of the NW 1/4 of Section 18, Township
7 North, Range 68 West of the 6th P.M.; and
WHEREAS, since the acquisition of such easement, a
substitute easement was acquired by a right of way agreement
recorded in Book 1406 at Pace 402; and
WHEREAS, because of such substitute easement, the
original easement granted by the agreement recorded in Book
1438 at Page 943 is not needed and the same should be vacated.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE '
CITY OF FORT COLLINS that that certain easement for a 24-
inch sanitary sewer line across certain property situate in
the SW 1/4 of the NW 1/4 of Section 18, Township 7 North,
Range 68 West of the 6th P.M., as described in the agreement
recorded August 11, 1970, in Book 1438 at Page 943 be, and
the same hereby is, vacated and abolished.
Introduced, considered favorably on first reading, and
ordered published this 6th day of July, A.D. 1976, and to
be presented for final passage on the 20th day of July
A.D. 1976.
ATTEST, M yo
City Clerk
11 1
1
1
Passed and adooted on final reading this 20th day of
_July A.D. 1976.1-
ATTEST: Mayor
City Clerk
First Reading: July 6, 1976 (Vote: Yeas: 7, Nays: 0)
Second Reading: July 20, 1976 (Vote: Yeas: 6, Nays: 0)
Dates Published: July 11, 1976 and July 25, 1976
Attest:
City Clerk
Ordinance Adopted on First Reading
Annexing the Woodward Governor Company
Prooerty to the City of Fort Collins
Following is the City Manager's memorandum on this item:
"On February 4, 1975, the City of Fort Collins entered into an
agreement with the Woodward Governor Company. This agreement
discussed utility services, improvements on Drake Road and
Lemay Avenue, and annexation to the City. The agreement provided
that Woodward Governor would agree to apply for and consent to
voluntary annexation by July, 1976, and that the property ,would
be zoned I-G, General Industrial District.
The petition for annexation was received by the City on ,June 29,
1976.
The Notice of Public Hearing for zoning this property will be
published on July 27, 1976; therefore, the zoning ordinance can
be considered on first reading at the August 3, 1976, City Council
meeting."
Councilwoman Grav made a motion, seconded by Councilwoman Reeves
to adopt Ordinance No. 53, 1976 on first reading. Yeas: Council -
members Gray, Reeves, Russell, Suinn and Wilkinson. `lays: None.
(Councilman Bloom out of room )
Ordinance adopted on First Reading
Amending Ordinance No. 34, 1976
Relating to Sewer Plant Investment Fees
Following is the City Manager's memorandum on this item:
"Ordinance No. S5, 1976, is necessary to correct an error in the
adoption of Ordinance No. 34, 1976. Prior to passage of Ordinance
No. 34, we adopted a new sewer utility ordinance which made changes
in all parts of the sewer ordinance including the plant investment
fee schedule. Ordinance No. 34 failed to take note of the changes
accompanied by Ordinance No. 25, 1976.
The enclosed ordinance will amend Ordinance No. 34, 1976, so as
to make it fit the previous changes which were made by Ordinance
No. 2S, 1976."
City Attorney March stated that in order to keep the revenues
programed into the Ordinance, under categories "B" and "C"
(for each additional dwelling unit) that figure 551.5.00 should
be changed to 5580.00.
COur-cllmiian Russell made a mot'_:il, seconded by Councilwoman Cray
to adopt Ordinance No. 53, 1976 on first reading .:ith the change
from $315.00 to SS30.00. Yeas: Councilmembers Bloom, Gray,
Reeves, Russell, Suinri and Wilkinson. Nays: None.
Ordinance Adopted on First Reading
Re2ardinz Telephone Occupation Tax
Following is the City Attorney's memorandum on this item, a
portion of the City Manager's memorandum and his recommendation:
As you know, Mountain Bell has brought suit against the
City of Fort Collins claiming that the ccct:pation tax owing
by Mountain Bell is a gross receipts tax of the type which
was declared invalid in the Minturn case and, therefore, is
not collectible. We have entered an appearance in that
action on behalf of the City and are defending the action.
There is the possibility that our defense of that action
will be successful; however, the Minturn case is strong
precedent in favor of the position of the telephone company.
One interesting aspect of our case is that Mountain
Bell has generally token the position they will bring suit
against ail cities which levied :=.n occupation tax by ordinance
but not against cities which imposed the tax by agreement.
Fort Collins does not impose its tax by ordinance, there
being no ordinance on the books establishing any occupation
tax. Rather, Fort Collins' tax is paid pursuant to a resolu-
tion which was adopted by the City Council on April 3, 1942.
I am enclosing a coo_v of this resolution. This resolution
grew out of a dispute which the City had with the telephone
company over a period of more than twenty years. It appears
to me that a reading of the resolution indicates beyond
question that the occupation tax in the City of Fort Collins
has been paid pursuant to an agreement which was reached
with the company after negotiations and not as the result of
any ordinance imposing the tax. In view of this I do not
understand why Mountain Bell chose to include Fort Collins
in the list of cities against which it brought suit. Probably,
in the long run this is not of great importance since the .
validity of the tax, based upon a percentage of, the local
returns of the company, is the issue and not the manner of
enacting the ta::.
_After research of the law on this subject, a review of
' the appropriate records in. the City Clerk's office, and
conferences with the Municipal League and other municipal
attorneys throughout the state, it is my recommendation that
the City Council establish a tax at this time based upon a
flat amount of assessment per year. For the current year I
would suggest the tax be imposed in an amount which is
sufficient to make up the to=s of revenue if the telephone
CORDan_y is successful in their SU1t. In -Future years the
amount of the tax imposed should be the amount which the
City desires to raise through this form of taxation and I
assume this would bear some relation to the amount which
would have been raised under the old percentage tax. Such a
flat amount tax has the following advantages:
A. This form of tax is the easiest form to use
for a partial year in order to arrive at total revenues for
the year equal to the revenues which the Council desires.
B. Mountain Bell currently surcharges the occupa-
tion 'tax against users of telephone service. This is a
position which the Municipal League is contesting before the
P.C. at this time. A flat tax which does not relate to
individual customers may be more difficult to surcharge.
1
C. For budgeting purposes the amount of income to
be realized from the tax can be anticipated with certainty.
This tax also has one major disadvantage since it will '
not reflect growth of telephone activity, telephone company
income, or inflation. This can be resolved by looking at
the tax annually and increasing the amount of levy if this
seems reasonable. On the other hand, past experience would
indicate that municipalities do not generally do this on an
annual basis and a tax which is keyed to something which
would reflect growth and inflation might be more desirable.
- In discussing this matter, levies based upon other
units of measurement have been considered. These include
-the-following: -- - - - --- --._.
1. Number of message units or number of calls
made locally. This would be a difficult tax to administer.
It also would probably be expensive to administer; however,
the telephone company has indicated it is possible. Receipts
wculd fluctuate considerably and revenue could not be predicted
with any accuracy. This would be a difficult tax to impose
for a partial year. It would also be a tax which could be
surcharged easily.
2. Number of accounts. This would reflect growth
of telephone service but would not reflect inflation or
other increases in revenue to the tel company. ,
3. Number of main telephones. This appears to be
a desirable method of measurement from a standpoint of
providing some growth but still would not reflect inflation.
We also had a considerable amount of difficulty identifying
what evervone meant by "main telephone". Apparently this
refers to individual teleohone numbers which are connected
to a telephone maintained by Mountain Bell. This method
also does not easily adapt for a partial year.
d_. Number of telephones. This might provide more
growth but still it would not totally reflect the effects of.
inflation. -Additionally it appears that it is becoming more
common for Mountain Bell to furnish the service up to the
customer's property and for other companies to then supply
'the -individual telephone units and switchboards. If this
type of tax were used, the ownership of the equipment could
provide a very confusing factor. This also does not appear
to be a good method to use for partial year. This method
and all other methods which identify to number of telephones
of one type or.another would also be easily surcharged.
1
5. In addition to the foregoing, a differential
' could be applied to different types of teleohone accounts,
i.e. commercial and residential. This would also be easv to
surcharge and would take additional study to determine the
type of accounts which Mountain Bell maintains. Again it
would be difficult to use for a partial year.
After considerable discussion and study, it appears
desirable to impose a flat tax at this time and to continue
to study this matter in attempting to find a better method
of tax for future years. Also it may be desirable to pursue
the lawsuit on the former method of taxing with the hopes
that such method will be upheld in the case of telephone
occupation taxes. If this can be accomplished, this still
appears to be the most desirable means of measuring the tax.
Therefore, my recommendation to impose a flat amount tax at
this time, to continue to pursue the present lawsuit with
the hooes of upholding this type of tax as applied to a
telephone company, and to continue to work towards a more
effective means of taxation if the old percentage tax cannot
be upheld.
' The City Attorney recommends that we impose a flat tax at this
time and continue to study this matter. Since we have already
collected $33,708.74 in 1976 to date, we recommend that the
amount of tax levy for the remaining portion of 1976 be $35,000.
We further recommend that the amount in the blank to be collected
for each subsequent year be $75,000.
Before we collect for 1978, this matter should be reviewed and
the ordinance be amended to add a new annual amount, or hopefully
at that time we will have a better handle on the entire situation.
Recommendation: The Administration recommends that the City
Council decide what amounts should be placed in the blanks in
the enclosed proposed ordinance to be collected for the remaining
portion of 1976 and each subsequent year. After this motion,
it is further recommended bythe:City Administration that the
Council adopt Ordinance No. S6, 1976, on first reading."
City Manager Brunton stated the administration recommended that
"the amount of the tax be 527,500 for the portion of the year
remaining after the effective date of the ordinance and that
S90,000 be charged annually for each subsequent year."
Citv Attorney March stated he would also need Council permission
to enter into a stipulation to dispose of the law suit, untie:
r�.
which the City would agree to continue to accept the old
2% tax and the telephone company would agree to pay it, until
the time that the ordinance becomes effective.
Councilman Bloom made a motion, seconded by Councilman Suinn '
to authorize the City Attorney to enter into a stipulation to
dispose of the law suit. Yeas: Councilmembers Bloom, Gray,
Reeves, Russell, Suinn and Wilkinson. Nays: None.
Councilman Bloom made a motion, seconded by Councilwoman Reeves
to adopt Ordinance No. 56, 1976 on first reading, inserting
$27,500 in the first blank and $90,000 in the second blank.
Yeas: Councilmembers Bloom, Gray, Reeves, Russell, Suinn and
Wilkinson. Nays: None.
Councilman Suinn made a motion, seconded by Councilwoman Reeves
that Ordinance No. 56, 1976 be reviewed along with alternatives
no later than the first Council meeting in October. Yeas:
Councilmembers Bloom, Gray, Reeves, Russell, Suinn and Wilkinson.
Nays: None.
Ordinance Adopted or. First Reading
Amending the Code Relating•to Liquor' Licenses
Following is the City Manager's memorandum on this item:
'ordinance No. 57, 1976, is necessary to comply with recent changes ,
in the 3.2% Beer Act and Colorado Liquor Code. The three major
changes are (1) recognition of a new tavern license, (2) recogni-
tion of a new arts license, and (3) clarification on the revoking
of inactive licenses."
Mayor Wilkinson inauired if City Clerk Verna Lewis had any
comments on this item as she had worked on the Colorado Municipal
League committee when changes were proposed.
City Clerk Verna Lewis stated she was pleased that Council is
adopting the ordinance in order to be consistent with state laws.
Councilwoman Reeves made a motion, seconded by Councilman Bloom
to adopt Ordinance No. S7, 1976 on first reading. Yeas: Council -
members Bloom, Gray, Reeves, Suinn and Wilkinson. Nays: Council-
man Russell.
Ordinance Defeated on First Reading
Amending the Code Relating to the Human Relations Commission
Following is the City `tanager's memorandum on this item:
10
Earlier this year the Fort Collins Human Relations Commission
requested that the enabling legislation be amended to provide
for a greater clarification in t`;e purpose and functions of
the Commission. This matter was discussed at several City
Council work sessions."
Councilman Suinn stated he still was opposed to item "F" in
the ordinance.
"F. To recommend to the City Council the expenditure
of funds including but not limited to revenue sharing
funds in the area of human relations fields above described
by such means as the City Council may direct, including
but not limited to, membership on the Human Resource Board."
Councilwoman Gray made a motion, seconded by Councilwoman Reeves
to deny Ordinance No. S8, 1976 on first reading. Yeas: Council -
members !Bloom,_ Russell, Suinn and Wilkinson. Nays: Councilmemb_ers
Gray and Reeves.
City Manager Brunton stated this ordinance could be referred back
to the Human Relation Commission for redrafting if Council
indicated what changes were desired.
Councilman Suinn stated that on item "F" he would delete the
' aspects referring to recommendation of expenditure of funds.
He would accept the aspect indicating membership on the Human
Resources Board. Councilwoman Reeves stated she had had concerns
for expenditures, but the ordinance stipulated this could be
done only when the Council directs.
Councilwoman Gray stated she had no concerns regarding item "F".
Councilman Bloom stated he had no objections to membership on
the Human Resources Board but did have concern the expenditure
of funds recommendation should come from the Human Relations
Commission, not from the Human Resources Board. Mayor Wilkinson
stated Councilmen Suinn and Bloom had made statements which
pretty well sum up his feeling; therefore, they would refer
this back to the Human Relations Commission.
Ordinance Adopted on First Reading
Vacating a Portion of Mason Street
Following is the City Manager's memorandum on this item:
"The First National Bank, owner of the adjoining property, has
requested that a portion of the street dedicated as an extension
of Mason Street adjoining Tract 1 of the extension of K-Mart Pla=a
be vacated. The City Council recently consl�dered the cuestion of
1.1 .
whether Mason Street should be extended in this area, and a
determination was made that it was not feasible to extend the
street through these lands. ,
In other action the owners of the property concerned have agreed
to dedicate and improve a street in front of the shopping center
buildings in order to provide access between the Century Mall
and the K-Mart improvements. In lieu of this, it appears reason-
able to vacate the dedication for Mason Street. We have also
been advised that this vacation is renuired in order to complete
a proposed sale of the property, and that time is becoming
critical on this sale.
The enclosed ordinance would accomplish this vacation if the
Council desires to do so."
Councilwoman Reeves stated she had concern for having an easement
for a bikeway along that mile street. Mr. Jack Williams, petitioner,
stated the vacated area would be used for parking.
City Manager Brunton stated the staff would have a report on this
item at the August 3, 1976, meeting.
Councilwomen Grav made a motion, seconded by Councilman Russell
to adopt Ordinance No. 39, 1976,on first reading. Yeas: Council -
members Bloom, Gray, Reeves, Russell, Suinn and Wilkinson. Nays:
None. ,
Resolution Adopted Authorizing the Acquisition
of Property at 320 LaPorte Avenue by Eminent Domain Proceedings
Following is a portion of the City Manager's memorandum on this
item:
"For some time we have been discussing the possibility of acquiring
property at 320 LaPorte Avenue, directly west of City Hall. In
1974, we had.an appraisal made of this property, which was updated
in 1976.
This property is needed for the expansion of the municipal building
and can be used by remodeling the present improvements as interim
offices before the municipal building is expanded. The property
is now owned in an estate, and we have attempted to negotiate
a purchase through Alden T. Hill, the attorney for the estate.
These negotiations have failed, and it appears that the property
can only be acquired through condemnation_"
Councilwoman Reeves made a motion, seconded by Councilwoman Gray
to adopt the resolution. Yeas: Ccuncilmembers Bloom, Gray, Reeves,
Russell, Suinn and S'iilkinson. Nays: None.
I %
1
1
1
RESOLUTION 76-43
OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING
THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN
LANDS IN THE CITY
WHEREAS, the City of Fort Collins desires to acquire
the property hereinafter described as a part of the municipal
building facilities of the City; and
WHEREAS, the City has attempted to negotiate with the
owner of said property for the acquisition of the same but
has been unsuccessful in such negotiations and it appears it
is necessary to acquire such property through proceedings in
eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Sec%ion l; The City Council hereby finds and determines
that it is necessary that the City of Fort Collins accuire
the following described property situate in the City of Fort
Collins, County of Larimer, State of Colorado, to -wit:
Commencing 50 feet South of the Southeast corner
of Lot 5, Block 42, City of Fort Collins, Colorado,
thence West 70 feet, thence North 92 feet, thence
East 70 feet, thence South 92 feet to the point .-.
of beginning.
Section 2. The City Council hereby finds and determines
that it is not possible to acquire such property by negotia-
tion with the owner of the same and therefore authorizes the
City Attorney and the other proper officials of the City to
acquire such property for the City by eminent domain proceedings.
Passed and adopted at a regular meeting of the City
Council held this 20th day of July, A.D. 1976.
ATTEST:
/� ,mil ^.�+. ✓ . �./��1�
City Clerk
Mavor 1
13
Contract for Sidewalk Imorovement
Distric- No. 6 awarded
Following is the City Engineer's memorandum on this item:
The bids for the construction of Sidewalk inprovement District No. 6 were
received on July 12, 1976 and are shown below. Bids had previously been solicited
and opened on Jame 29,.1976. Kee=>s Concrete, Inc. was the only bidder; and eir
bid is also shown. on July 6, 19"1'6, the council rejected the. Kiefer Concret_-,
Inc. bid, since it seemed to high.
CONCMTE CONSTRUCTION F & F CONCRETE KIEI•'ER
ITEM AND PLACING INC. CCNSTP=ION CO. OWCREPE, INC.
1.
Place 4-inch
concrete. $ 1.15
$ 2.29
$ 1.40
(per squere
foot)
2.
Place 6-inc-.
concrete. $ 1.50
$ 7.19
$ 1.75
(per srrrar-
foot)
Relocate Sc;:'_^.<1
- $200.00
No Bid
$200.00
There have beef:
changes in the project since
the June
29th bidd
Cre
i ; at-
.e ero has been reduced
since ralch
of the wc)rk has
i. F re- is the elim nation
of the
-esaid:rg of 1sw .s
ac.�ace t t. e _-['��
_ on. 7tis nar-ow strip of sodding has
ganeral.ly not
be =
a p�_rt of the
private contracts which have bet�n
let.
i1he advertised assessrent rate, not i-tcludirg administration costs, is
$5.37 per front foot. The bid by Concrete Coast_-ction and Placing, Inc. is
w=th2-n 3% of the City E`•.g=.^.c �' 3 estimaze and it is reccxa-rk-nZ� d that the contract
be. awarded to tter, for a18,900.00.
Councilman Russell made a motion, seconded by Councilwoman Reeves
to award the b"id for construction for sidewalks for Sidewalk
Improvement District No. 6 to Concrete Construction and Placing .no.
Yeas: Councilmembers :loom, Gray, Reeves, Russell, Suinn and
iilkinson_ Nays: None.
11
Ordinance Tabled to Later in Meeting Being A
Procedural Ordinance Relating to Public Improvements
City Managei Bruntonstated this item had been i.nadvertantly
left off the agenda.
Councilman Bloom made a motion, seconded by Councilwoman Reeves
to adopt Ordinance No. 45, 1976 on second reading.
Councilman Suinn stated there had been a request at the last
Council meeting that the City Attorney discuss with Bond Counsel
the possibility of changing page S of the ordinance on the voting
mechanism. City Attorney March stated he had written to
Bill Lamb and had received no answer. He then suggested this
item to be tabled until after the break for wording changes.'
Councilwoman Gray made a motion, seconded by Councilman Suinn
to table this item until after the break. Yeas: Councilmembers
Bloom, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Appointment of Representatives to Larimer County
Human Resources Board and Establish Tentative
Allocation of Funds to Social Services Agencies for 1977
Following is the City Manager's memorandum on thi.s item:
' "Since 1974 the City of Fort Collins has been using some of its
Revenue Sharing mehev to contract for services from several social
agencies. In 1974-the allocations were made by the City Council
and Administration without any coordination with other governmental
bodies in this area.
In 1974 the Larimer County Human Resources Board was created
consisting of three members from each of the two cities, Loveland
and Fort Collins, and from Larimer County. The City of.Fort Collins'
representatives were Councilwomen Peggy Reeves and Nancy Gray and
Councilman Jack Russell. In 197S Councilman Arvid Bloom replaced
Jack Russell.
Last year some members from the Fort Collins Human Relations
Commission served as alternates on this Board. The Human Relations
Commission is requesting additional involvement in the total process.
It should be clearly unaerstood that the ultimate authority for
this project rests with the Council. Margaret Batson and Ben Napheys
from the Human Relations Commission have indicated an interest in
this Board..
At a recent work session the Council receeved copies of the summary
of the 1975 and 197/6 contriibutions made and those requested for 1977.
Following is a summary of these con.tribut ions by year:
10
1974 19751976
Fort Collins S63,044 S 68,475 76,774
Loveland 15,909 11,567
Larimer County 45,700 36,338
Total 63,044 $133,034 S124,679
*Excludes $9,000 allocated for outreach recreation supervisor.
The total amount requested for 1977 is S272,733. It is importar;t
that the Human Resources Board have some indication as to the
amount of money that will be tentatively allocated for this
project. It is our recommendation that we allocate a sum not to
exceed S85,000 in 1977. This amount would not include any recrea-
tion supervisor costs that are a part of the Parks and Recreation
budget.
Recommendation: The Administration recommends that the Council
select t;i?'?e representatLves and up to three alternates from its
own ranks and mem:>ership from the Human Relations Commission.
We further recommend that the group he tentatively authorized to
allocate funds not to exceed SS5,000 subject to City Council
a,proval.
11
?-favor Wilkinson called for nominations on this committee and
discussion on the item.
Councilman Suinn made a motion, seconded by Councilman `Fussell
that six members be appointed from the Human Relations Com:..ission
to serve as representatives to the Larimer County Human Resources
Board, (three members and three alternates). Yeas: Councilmerrlbers
Bloom, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
City Manager Brunton stated two additional requests for 1977
had been received since the agenda has been sent out.
ji.9,000 had been requested in addition to the $272,733 requested.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves
that the Council instruct the Human Resources Board to recommend
expenditures from Revenue Sharing money, not to exceed $55,000.
Yeas: Councilmembers Bloom, Gray, Reeves, Russell, Suinn and
Wilkinson. Nays: None.
Reauest of Larimer County Commissioners to
Increase Appropriations to Larimer County
Library Board Authorized
Following is the City !Man-ager's memorand= anQ recommendation on
this item.
10
"The Larimer County Library Board is primarily an agency to
distribute funds to other agencies providing library services
throughout the County. In 1976 we received less money than
initially projected. The City of Fort Collins received money
from the County Library Board to operate the bookmobile and a
pro rata share of the additional revenue to provide library
services to people in Larimer County.
Enclosed is a copy of a letter recently sent to the Larimer
County Board of Commissioners on this subject. It provides
very useful information as to the total cost of library service
and the percentage of County contributions. The initial goal
of the County Library- Board is $1 per capita. Therefore,
they have requested a 1977 budget of $110,000.,.
On Thursday, July 8, 1976, the four City Managers in Larimer
County met with the Library Board to discuss this subject.
It was suggested at that time that each of us ask our City
Council to officially endorse the Larimer County Library Board's
request.
R- commendation: The Administration recommends tha_ the City
Council officially request the Larimer County Commissioners
to approve the 1977 budget request of the Larimer Count;,
Library Board."
' Councilwoman Gray; made a motion, seconded by Councilwoman Reeves
u'Ti that the City Cocil request the Larimer County Commissioners
to approve the 197W7 budget request of the Larimer County Libras'
Board. Yeas: Councilmembers Bloom, Gray, Reeves, Russell.,
Suinn and Wilkinson. Nays: None.
Ordinance Adopted oil Second Reading Being A
Procedural Ordinance Relating to Public Improvements
Councilman Suinn made a motion, seconded by Councilwoman Reeves
to remove this item from the table for consideration. Yeas:
Councilmembers.Bloom, Gray, Reeves, Russell, Suinn and Wilkinson.
Nays: None.
Mayor Wilkinson inquired if Councilman Suinn wished to move an
amendment to the motion on the floor; Councilman Suinn responded
he did not.
Mavor Wilkinson then put the motion:
Pending motion - moved by Councilman Bloom, seconded by Council-
homa: Peeves to adept Ordinance No. 45, 1976 on second reading.
Yeas: Counci_lmembers Bloom, Gra`r, Reeves, Russell, Quinn and
}V'i nSGn. Xav5: No-e. 17 _
ORDINANCE NO. 45 , 1976
BEING AN ORDINANCE ADOPTING A PROCEDURAL ORDINANCE FOR
THE CITY OF FORT COLLINS, RELATING TO THE CREATION OF
LOCAL PUBLIC IMPROVEMENT DISTRICTS WITHIN THE CITY,
PROVIDING FOR SUCH DISTRICTS TO BE INITIATED BY RESOLU-
TION OF THE CITY COUNCIL, AND PROVIDING FOR A HEARING
THEREON; PROVIDING FOR AN ELECTION IF OBJECTIONS_ AND
PROTESTS ARE FILED BY THE OWNERS OF 40% OR MORE OF THE
TAXABLE PROPERTY WITHIN THE DISTRICT
WHEREAS, the City Council has determined that there is a
need for off-street parking facilities, together with other
public improvements, in the downtown area of the City; and
ol-EREAS, Section 6, Article XX of the Constitution of the
State of Colorado provides in part that Home Rule Cities and
Towns "....shall have the powers set out in Sections 1, 4 and
5 of this article, and all other powers necessary, requisite
or proper for the goverment and administration of its local
and municipal *natters, including power to legislate upon,
provide, regulate, conduct and control:
(e) The issuance, refunding and liquidation of all
kinds of municipal obligations, including bonds I
and other obligations of park, water and local
improvement districts;
....it is the intention of this article to grant and confirm to
the people of all municipalities coming within its provisions
the full right of self-government in both local and municipal
matters and the enumeration herein of certain powers shall not
be construed to deny such cities and towns, and to the people
thereof, any right of power essential or proper to the full
exercise of such right.", and
WHEREAS, the Legislature of the State of Colorado has,
by the enactment of Title 31, Article 25, Part 6, Colorado
Revised Statutes 1973 (General Improvement District Act),
adopted a procedure for the creation of improvements therein
and the issuance of bonds for the payment of such costs; and
W?ERF.AS, Section 4 of the City Charter of the City
provides that "the City shall have all powers granted to
municipal corporations and to cities by the constitution and
general laws of this State, together with all the implied
is
1
powers necessary to carry into execution all the powers granted.
..it is intended that the City shall have and may exercise
all powers of local self-government which, under the Constitu-
tion of this State, it would be competent for this charter
specifically to enumerate."; and
WHEREAS, the City Council has determined that it is neces-
sary and advisable to adopt a procedural ordinance relating
to such districts, in order to provide the City with the great-
est flexibility in the creation of said districts and the con-
struction of public improvements therein; and
WHEREAS, City Council has determined further that the
adoption of a procedural ordinance for such districts would be
a matter of local and municipal concern:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. Pur ose;and Intent. The City Council hereby
finds and determines that the organization of local public
improvement districts, as authorized herein, will serve a pub-
lic use and will promote the health, safety, prosperity, security
and general welfare of the inhabitants and property owners of
such districts. The procedure for the creation suer. dis-
tricts, the construction of improvements there.-. -::.d the
issuance of bonds for the payment of the cost of construction
' of said improvements, may be accomplished in accordance with ..;
Title 31, Article 25, Part 6, Colorado Revised Statutes, 1973
(General Improvement District Act), or may be undertaken as pro-
vided herein. It is the purpose of this ordinance to provide
greater flexibility in the methods of creating such districts,
and constructing such improvements and for the payment of the
same, so as to achieve the most efficient and equitable means
as possible. This ordinance shall be broadly construed to accom-
plish these purposes.
Section 2. Creation of the District. In addition to the
organization of a district by petition in accordance with
Section 31-25-604 Colorado Revised Statutes 1973, a district
may be initiated directly by resolution of the"City Council
declaring its intention to create a district and to construct
improvements therein. If initiated by resolution of the City
Council, the resolution shall set forth the same information
and data required to be included in the petition for the
organization of such district, pursuant to Section 31-25-604(2).
The Resolution shall set a date and time for a hearing on the
creation of the district and provide for notice of the hearing
to be given in the same time and manner as if the district had
been initiated by petition.
19
Section 3. Hearing on the Creation of the District -
Objection
resolutions,and Protests. It the district is initiated by a
the City Council shall, on the date indicated in
the resolution, or at any adjournment thereof, hear and
consider all objections and protests concerning the creation
of the district and the construction of imu rovements. All
such objections and protests shall be in writing filed with
the City Clerk on or prior to the date of the hearing, shall
be signed by the property owner or owners and shall describe
the property in the proposed district owned by such owner. If
objections and protests are filed by the owners.of the prop-
erty representing more than 40% of the total assessed valuation
of the property within the proposed district, the City Council,
except as provided below, shall not create the district and
all proceedings for the formation of the district shall be
terminated. The City Council, may, however, determine that
the creation of the district should be approved by the quali-
fied electors thereof, and accordingly, the City Council, by
resolution, shall order the question of organization of the
district to be submitted at an election of the qualified elec-
tors of the proposed district. If such question is approved
by a majority of the qualified electors of the proposed district
voting thereon, the City Council shall proceed to create the
district in accordance with the provisions of Title 31,
Article 25, Part 6, Colorado Revised Statutes 1973.
If there are no objections or protests, or if objections
and protests have been signed and filed by property owners '
who own Less than 40% of the total assessed valuation of
property within the proposed district, the City Council shall_
then cause such district to be created in accordance with Lae;.
Section 4. Issuance of Bonds. The Board of Directors
of the district may authorize the issuance of negotiable
coupon bonds of the district, in the manner provided by Sec-
tion 31-25-620, Colorado Revised Statutes, 1973, for the
purpose of paying the costs of constructing and installing
and local public improvements therein.
Section 5. Limitation of Actions. After twenty (20)
days from the effective date o any ordinance creating a
district, ordering improvements to be constructed therein,
or authorizing the issuance of bonds, no action may be
brought in any Court contesting the validity of any such ordi-
nance.
Section 6. Severability. That if any one or more sec-
tions or parts of this Ordinance shall be adjudged uenforce-
aole or invalid, such judgment shall not affect, impair or
invalidate t'':e remaining provisions of this Ord' -trance, it be-
ing the intention that the various provisions hereof are
severable.
:v
1
1
Section 7. Reoealer. All Ordinances or parts thereof in conflict with
this Ordinance are hereby repealed.
Section 8. HearinQ. In accordance with Article II, Section i, of the
City Charter, the City Council shall consider the Ordinance on final passage,
at the regular meeting of the Council on Tuesday, July 6, 1976, at 5:30 p.m.
Section 9. Recording and Authentication. This Ordinance, as adopted by
the City Council, shall be numbered and recorded, and the adoption and publica-
tion shall be authenticated by the signatures of the Mayor and City Clerk,and by
the certificate of publication, respectively.
INTRODUCED AND PASSED ON FIRST REAJiING this 6th day of July, 1976.
( S E A L )
ATTEST:
City Clerk ` J
Mayor
FINALLY ADOPTED..AND APPROVED this 20th day of July, 1976.
yor G
( S E A L )
ATTEST:
City Clerk
Firs Readino: July 6, 1976
Second Reading: .July 20, 1976
Dates Published: July.11, 1976
C]LVJC1er<
(Vote: Yeas:
(Vote: Yeas:
and .July 25, 1976
7, Nays: 0)
6, Nags: 0)
YYa
Citizen Participation
1. Sandy Klug of the Bicentennial Commission presented a
check for $10,000 to June Bennett who presented the check
to Mayor Wilkinson to be used for the Avery House.
2. Andy Anderson, 1421 Skyline Drive, requested information
regarding the following:
(a) Regarding the appeal (City Manager question) filed in
the Court of Appeals in the State of Colorado; the'.
appeal states all defendants except William E. Anderson
are represented by March, March and Myatt, by
Arthur E. March Jr.
City Attorney March stated the appeal had not been filed
by himself. This appeal has been filed by Attorney Vahrenwald
on behalf of the plaintiffs as part of the Colorado
appellent rules, which has to be filed.
(b) Mr. Anderson then stated he had requested information on
the sales tax. City Manager Brunton stated the report
..ad been made and a copy mailed to Mr. Anderson.
Report From City Manager
City Manager Brunton made the following report and a7nouncements: ,
a. The City Manager has met with the DT2 group at their organi-
zational meeting. Nick Leonard was selected Chairman,
Lilla Morgan First ice Chairman, and David Luplow as second
Vice Chairman. DT" will meet with the City Council at the
August 10, 1916 work session.
b. The Administration has met with the Refuse Collection people;
they have discussed consolidation, curb line collection and
changes in fees. This has been scheduled for the August 24,
1976 work session.
C. Jim Baird will be speaking in Denver on July 24, on Public
Employee Organization.
d. The City of Fort Collins, Former Mayor Russell and the
City Manager have all been dismissed from the paraphernalia
case.
e. Wastewater Treatment Plant No. 2 is proceeding. The new
part will be ready by the first of September. The old part
will be finished the last part of October.
f. Wastewater Treatment Plant No. 1 has h,_d.some problems after
pre -ordering major equipment.
g. Water Treatment Plant No. 1 -- the last major work is being
completed. Completion date is estimated to be May 31, 1977.
h. Water Treatment Plant No. 2 -- work cor.Dletion is estimated
as late august or early September. The contractor has been
notified of the penalty clauses.
i. The Service Center is moving along well -- completion date
is estimated March 31, 1977.
j. City Manager Brunton distributed the quarterly report for
the six month period ending June 20, 1976.
He complimented Jim Harding, Acting Finance Director, for
taking over in a difficult time.
Amendment to Human Rights Ordinance
Referred Back to Human Relations Commission
The ordinance has been requested by the Human Relations Commission_
regarding discrimination of qualified handicapped individuals in _
connection with employment, housing and public accommodations.
Those speaking i:, support of the proposed amendment were as
follows:
1. Sam Van Why,,a Fort Collins citizen, read from a lengthy
prepared statement expressing his concern for the civil rig':Its
of persons society labels as "handicapped."
2. Human Relations Chairman Father Ed Ostertag introduced the -
following people in attendance who have this "interest at
heart."
(a) Katv Sorensen, Coordinantor of the Weld-Larimer Conference
on Handicapped.
(b) Calvin Lash, CSU, representing the Governors Conference on
Handicapped.
(c) Patty Morris, Director of Community Services for ASCSU and
Coordinator of Volunteers from CSU with agencies and with
United Way Drive on the campus.
(d) Colleen Huffman, Coordinator for the Citizen Advocacy Office,
who workswith the handicapped and public education has
increased awareness of the problems of the handicapper_.
(e) Susan Strickland, a handicapped person who is in Fort Collins
seeking emplovment.
23
Father Ostertag concluded his remarks by sneaking to the
legislation regarding the handicapped.
J. Bob Wells, working with Care -A -Van and Co -Director of the
Saturday Social Club, spoke in support of the proposed
amendment.
Mavor Wilkinson then called for comments from the Council.
Councilman Suinn then made a comment that reflected the general
comments of the Council that Council could support an amendment
that would extend to the physically handicapped and mentally
retarded but not the emotionally disturbed.
Councilwoman Gray requested City Attorney March to investigate
other municipalities who have adopted similar legislation.
Councilman Bloom also .indicated the City could be entering into
an area that could be potentially very expensive, and the policy
of the City should probably be to "go slow." Mayor Wilkinson
also indicated his desire was to refer the proposal 'back to the
Human Relations Commission for redrafting.
Co:.,^.. ilman Bloom made a motion, seconded by Councilwoman Reeves
to refer tie crdin nce back to the Human Relations. Commission
for additional study and also a coordination with the City's
legal stab to draft a revised ordinance. leas:' Co�;.ncilmember5
Bloom, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Report From City Council Representatives on Committees
Councilwoman Reeves reported on the COG retreat held at the
Sylvan Dale Guest Ranch.
Report from Buford Plemmons,
Chairman of Our Sister City Program
:Mr. Buford Plemmons presented an update on the Sister City
Program's accomplishments. The recommendations presented were
as follows:
1. During budget deliberations for 1977, this program should
prepare its request.
J. Establish a center in the new library for display of material
about Limeira.
3. Consider sending a representative to the ZDth Annual Conference
in Mobile. Alabama.
1. Assist the Commlttc-e n broadening the infor"atioil and exchange
base for the pro_ -ay.
Mr. and Mrs. John Gaskill, recent visitors to Brasil, then
presented slides of Limeira taken on their visit.
Final Plat of Eldorado Springs
Subdivision, Third Filing and Final Plat of Eldorado Springs
Subdivision Fourth Filing Tabled to August 3. 1976
Mayor Wilkinson stated he had received a letter from Attorneys
,toife and Moore, on the part of the Lake Sherwood Homeowner's
Association,requesting that these items be tabled for two weeks. Everitt
Enterprises, petitioners, had been contacted and had agreed to
the tabling. The letter is hereby made a part of the record:
LAN/ OFFICES
WOLFE & MOORE, P.C.
401 FIRST NATIONAL TOWER
POST OFFICE BOX 1943
FORT COLLINS, COLORAOO 80S22
WINSOR C. MOOR.E
KENNETH C. WOLFE
'Earl Wilkinson, Mayor
Municipal Building
Fort Collins, Colorado 80521
TELEPHONE
309-493-8787
July 19, 1976
Re: Lake Sherwood 3rd and 4th Filing _.
(Eldorado Springs 3rd and 4th Filing)
Dear Mayor:
I represent the Lake Sherwood Homeowner's Association. For
quite some time we have been negotiating with Everitt Enterprises
and Lake Sherwood Joint Venture regarding additional facilities
for Lake Sherwood Homeowner's Association if Lake Sherwood Joint
Venture intends to include Lake Sherwood 3rd and 4th Filing in
the Homeowner's.Association. Another alternative that we have
been discussing with the Everitt individuals and William Allen
is having Lake Sherwood 3rd and 4th Filings form a separate Home-
owner's Association.
Approximatelv four weeks ago Everitt Enterprises requested
that we submit our proposal. to them. This Was done anC'. th=zi stated
that they would reply to us within the next three or four days.
No reply has been received.
Everitt Enterprises, throuch Mike Kelleher and Gary Haxton,
assured the Board of Directors of the lake Sherwood Homeowner's
Association. that they would not recuest or obtain a final approval
of the plat for Lake Sherwood 3rd Filing until some arrangement
had been made with the Lake Sherwood Homeowner's Association re-
garding the additional facilities or exclusion of Lake Sherwood
3rd Filing from the Lake Sherwood Homeowner's Association.
The fact that Everitt and Lake Sherwood Joint Venture have
scheduled the matter for a final approval at the City Council
meeting on July 20 without having contacted any of the Board mem-
bers of Lake Sher -wood Homeowner's Association, and contrary to
their statement, caused quite a st]r at last night's Board of
Directors meeting. The Board of Directors of the Lake Sherwood
Homeowner's Association is requesting the City Council to con-
tinue any final approval of the Lake Sherwood 3rd and 4th Filing
in order to allow Everitt Enterprises to abide by their agreement
and work with the Board of Directors of Lake Sherwood Homeowner's
Association prior to any final approval of the plat. In the
event the City Council feels they cannot continue the matter for
one month, t`en we will make a formal presentation as to
prc_:.ems .inat e_ 'l-St in the Lake Sherwood Homeowner's- Association
as a result of Everitt Enterprises attempting to double the m.em-
bersrip of the Association. The Association's facilities a_=.
already over -crowded. A continuance of the hearing hopefully
would avoid 150 angry residents from having to appear at the City ,
Council meeting tomorrow evening.
If _he City Council is agreeable to a continuance, it would
be appreciated if I could be advised as early as possible on Tues-
day so that your meeting is not disrupted by a large number of
homeowners in attendance.
Very truly yours,
KCW/11
cc: William Allen
councilwoman. Reeves made a notion, seconded by Councilman Russell
to table consideration of the final Diat of Eldorado Springs
llGd l'✓lsion, Third Filing any plat of Eldorado 5pr'ings SubdlvlSion,
Fourth Filing to August 3, 1976. Yeas: Councilmenbers Bloom,
_ray, Reeves, Russell, Suinn and 'Kiltinscn. N, v S : VOne.
�6
11
Consider Final Plat of Overland Subdivision
Following is the City :Manager's memorandum on this item:
"The Overland Subdivision consists of 22 sinale-family lots on
a 6.5 acre tract zoned R-L, Low Density Residential District.
The tract is located north of Elizabeth Street between West Plum
and Orchard Place and east from Rocky Road. The development
of this Subdivision will help connect links in Plum Street and
Orchard Place.
Both the Planning and Zoning Board and the Planning staff recom-
mended approval with minor revisions."
Councilwoman Gray made a motion, seconded by Councilman Suinn
to approve the final plat of Overland Subdivision. Yeas: Council -
members Gray, Reeves, Suinn and Wilkinson. Nays: None.
(Councilmen Bloom and Russell out of room.)
Oti.er Business
1. City Manager Brunton stated that when Council had approved
the $10.000.00 bond for sidewalk contractors it had not been
envisioned that small. contractors could not qualify for this
bond. One contractor who is a sms.11 contractor cannot be bonded.
The administration has met with him but feels that this bond
cannot be lowered and that there is nothing that can be done at
this time.
Mayor Wilkinson stated there was one alternative to this problem,
that being that the contractor get a co-signer on the contract.;,
No further action taken on this item. City Manager Brunton will
notify the contractor of any alternatives.
2. City Manager Brunton then requested that Council adjourn to
executive session to consider land acquisition.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves
to retire into 'executive session to discuss land matters only.
Yeas: Councilmembers Bloom, Gray, Reeves, Russell, Suinn and
Wilkinson. Nays: None.
o-x
Adjournment
Upon returning to open meeting Councilman Russell made a motion,
seconded by Councilwoman Gray to adjourn. Yeas: Councilmembers
Bloom, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
ATTEST:
City Cler
1
ME