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HomeMy WebLinkAboutMINUTES-06/22/1976-AdjournedJune 22, 1976 COUNCIL OF CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Adjourned Meeting - S:30 P.M. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, June 22, 1976, at S:30 P.M. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by Councilmembers Bloom, Bowling, Reeves, Suinn and Wilkinson. Absent: Councilmembers Gray and Russell. Staff Members Present: Brunton, Kaplan, Chief Smith, Holmes, Bingman and Lewis. Minutes of Regular Meeting of June 1 1976 approved as Published Councilman Bowling made a motion, seconded by Councilman Suinn ' to approve the minutes of the regular meeting of June 1, 1976 as published. Yeas: Councilmembers Bloom, Bowling, Reeves, Suinn and Wilkinson. Nays: None. Ordinance Adopted on Second Reading Relating to Gross Weight of Vehicles Councilman Bloom made a motion, seconded by Councilman Bowling to adopt Ordinance No, 39, 1976 on second reading. Yeas: Council - members Bloom, Bowling, Reeves, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 39 , 1976 BEING AN ORDINANCE AMENDING SECTION 114-132 OF THE CODE OF THE CITY OF FORT COLLINS BEING PART OF THE TRAFFIC CODE RELATING TO THE GROSS WEIGHT OF VEHICLES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 114-132 of the Code of the City of Fort Collins be, and the same hereby is, amended by changing Part C thereof to read as follows: 334 "C. Subject to the limitations prescribed in § 114-131, the gross weight of any vehicle or combination of vehicles having three or more axles shall not exceed forty six thousand (46,000) pounds." Section 2. That Section 114-132 of the Code of the City of Fort Collins be, and the same hereby is, amended by changing Part D thereof to read as follows: "D. The limitations set forth in part C above shall not apply to vehicles operated on streets designated as federal or state highways within the city. On such highways the limitations prescribed by the laws of the State of Colorado shall apply." Section 3. That Section 114-132 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding thereto a subsection E as follows: "E. The limitations of this section shall not apply to any vehicle which is actually making deliveries of its cargo within the city limits of the City of Fort Collins." Introduced, considered favorably and ordered published , this 1st day of June, A.D. 1976, and to be presented for final passage on the 22nd day of June, A.D. 1976. ATTEST: yor City Clerk Passed and adopted on final reading this 22nd day of June, A.D. 1976. ATTEST• Mayo City Clerk 335 First Readiri' :',- June I, 1976 (Vote: Yeas: 7, Nays: 0) Second Reading: .June 22, 1976 (Vote: Yeas: S, Nays: 0) Dates Published: June 6, 1976 and June 27, 1976 Attest: ty Cier Ordinance Adopted on Second Reading Relating to Carnivals Councilman Suinn made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 42, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling, Reeves, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 42 , 1976 BEING AN ORDINANCE AMENDING ARTICLE VII (SECTION 73-36 THROUGH 73-40, INCLUSIVE) OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO LICENSED OCCUPATIONS AND ' PLACES OF ENTERTAINMENT E BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Article VII (Section 73-36 through 73-40, inclusive) of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "ARTICLE VII Places of Entertainment "§ 73-36. License required. "It shall be unlawful for any person or persons to produce, conduct or carry on any public exhibition, show, circus, menagerie, carnival, public dance or other form of public amusement wherein an admission fee is charged, without first having procured a license therefor from the Director of Finance in the manner hereinafter provided. 336 "§ 73-37. License application and issuance. ' "Applications for licenses hereunder shall be made through the Director of Finance and the Director of Finance shall issue licenses upon approval of the application by the City Manager. Any person desiring a license hereunder shall file with the Director of Finance an application therefor on forms to be provided by the City setting out such information as may be required by the City Manager, including the following: The full name of the applicant, the name and business address of the show operator if different from the applicant, the kind of show or public entertainment to be conducted, the place where the same is to be given, the time for which the license is sought and, in the case of carnivals or similar forms of public amusement, the number of attractions to be presented. The applica- tion shall be accompanied by a corporate surety bond in the amount of Five Thousand Dollars ($5,000.), conditioned on the applicant's compliance with all requirements of this ordinance and any conditions imposed on the license pursuant to this ordinance'. Such application shall be submitted at least ten (10) days before the place of amusement will be open to the public and shall be accompanied by the appropriate license fee required. ' The City Manager shall investigate the character of the applicant and the show operator, if different from the applicant, and shall order the license issued if he determines that such parties are of good moral character and financially responsible and that the other requirements of this ordinance have been met. "§ 73-38. License fee. "License applications shall be accompanied by the appropriate license fees which shall be as follows: "A. For all theaters, opera houses, moving picture shows and other similar facilities where shows are to be produced for the public, the fee shall be in the amount of seventy-five dollars ($75.) per annum. "B. For drive-in theaters the fee shallbe fifty dollars ($50.) per annum. 337 "C... For all circuses, menageries and carnivals ' the fee shall be fifty dollars ($50.) for each day that such entertainment is presented in the City, provided that for carnivals, if more than forty (40) attractions are presented, an additional fee of two dollars and fifty cents ($2.50) per day for each attraction over forty shall be paid._ "D. For public dance halls the fee for the license shall be fifty- dollars ($50.) per year. "E. In case of any attraction for which an annual fee is provided, the license shall be issued for the period January 1 through December 31. In case.of an application for license after January 1 of any year, the license fee shall not be prorated and the full fee shall be charged for a partial year. "§ 73-39. Conditions of license. "A. The license for any circus, menagerie or carnival shall be issued subject to the following additional requirements: "l. A representative of the fire department ' and/or the building inspection department shall make an inspection of the area and the equipment in order to determine that adequate fire lanes are provided, that adequate fire hydrants':or other means of extinguishing fires are available, that electrical connections are made in a safe manner, and that electrical equipment appears to be in good working order. 0 "2. A representative of the police department shall inspect the area in order to verify that no unreasonable noise or light condition will adversely affect any adjoining residential areas. "3. A representative of the City Engineer's office shall inspect the area in order to verify that adequate arrangements have been made in order to prevent trash and litter blowing onto adjoining premises or to collect any trash or litter which does blow onto adjoining premises and to verify that adequate restroom facilities are available for the public at any time the attraction is open to the public. 338 "All of such inspections shall be completed after the attraction is set up but before the same is opened to the public and the City representatives making the inspection shall have the power to require reasonable corrections to be made in order to protect the public and adjoining premises. "In addition to the foregoing requirement, any applicant for a circus, menagerie or carnival license shall deposit with the Director of Finance at the time of making the license application an amount equal to $ 50.00 for each day the attraction will be available to the public, which deposit shall be made to cover anticipated sales tax from the attraction. Within forty-five (45) days after the expiration of the license, the licensee shall file the necessary sales tax return with the Director of Finance and pay any additional sales tax owing or receive a refund from the deposit if the deposit is more than the sales tax. In the event no sales tax return is filed within such time, the amount deposited shall be deemed to be the amount of the sales tax and no refund will thereafter be available. "B. Any public dance hall shall be operated in compliance with all requirements of the ordinances of ' the City of Fort Collins relating to occupancy limits, required restroom facilities, and other requirements pertaining to customer facilities. "C. In authorizing the issuance of a license hereunder, the City Manager may specify special conditions, including hours of operation or manner of operation, which are intended to insure that the place of amusement will not be unduly annoying to any residential areas in the vicinity. In case of circuses, menageries and carnivals, the City Manager may deny the application if he determines that such attraction in the location requested will unreasonably disrupt the peace and quiet of any residential neighborhood in the City. 339 I 1 1 73-4,0,.. _Appeal to'Council. "In the event any applicant for a license hereunder is denied such an application by the City Manager or if the City Manager will issue the license only upon conditions which are not acceptable to the applicant, then the applicant may appeal the decision of the City Manager to the City Council, provided that notice of such appeal is filed at least five (5) days before the meeting of the City Council at which the applicant requests that the appeal be heard. At the time of hearing the appeal, the applicant may submit to the City Council any material evidence relating to the application, and the City Council shall consider the same together with the report of the City Manager and make a final determination upon the application. Introduced, considered favorably on first reading, and ordered published this 1st day of June , A.D. 1976, and to be presented for final passage on the 22nd day of June , A.D. 1976. ATTEST:� c;1 v e/lo x� City Clerk Passed and adopted on final reading this 22nd day of June A.D. 1976. ATTEST: Mayo Ci C erk First Reading: June 1, 1976 (Vote: Yeas: 7, Nays: 0) Second Reading: June 22, 1976 (Vote: Yeas: 5, Nays: 0) Dates Published: June 6, i976 and June 27, 1976 Attest: ty Cler 340 Ordinance Adopted on Second Reading Relating to Sidewalk Improvement District No. 6 Councilwoman Reeves made a motion, seconded by Councilman Bowling to adopt Ordinance No. 44, 1976 on second reading. Yeas: Council - members Bloom, Bowling, Reeves, Suinn and Wilkinson. Nays: None. ORDINANCE No. 44, 1976 BEING AN ORDINANCE RELATING TO THE CREATION AND ORGANIZATION OF CONSOLIDATED SIDEWALK IMPROVEMENT DISTRICT NO. 6, PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN, AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COSTS OF CONSTRUCTION THEREOF WHEREAS, heretofore the necessary proceedings were instituted to create a special improvement district for the purpose of installing the improvements described on Exhibit "A" attached hereto (hereinafter sometimes referred to as "the improvements") for the benefit of the property described on Exhibit "A"; and WHEREAS, the City Council has received the necessary ' reports, given the required notice and held a hearing as required by the Ordinances of the City; and WHEREAS, the City Council is of the opinion that it is in the best interests of the City of Fort Collins to form said special improvement district. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That there is hereby created and organized an improvement district under and by virtue of the provisions of Chapter 16 of the Code of the City of Fort Collins, to be known as Consolidated Sidewalk Improvement District No. 6 (hereinafter sometimes referred to as "the district") comprised of the property described on Exhibit "A" attached hereto. Section 2. That the improvements to be constructed shall consist of, the improvements described on Exhibit"A" attached hereto, all as more fully set forth in the map, plans and specifications heretofore submitted by the City Engineer and accepted by the City Council by resolution. 341 1 Section 3. That the total cost of such improvements shall not exceed by more than five per cent (5°%) the City Engineer's estimate heretofore accepted of $35,026.00, exclusive of the expense of collection, legal, advertising, engineering, financing, -interest during construction and other incidentals, and that said total cost together with such expense of collection, legal, advertising, engineering, financing, interest during construction and other incidentals (17% of the cost of such improvements) shall be assessed against the property in said district in the manner set forth on Exhibit "A" attached hereto in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins. Section 4. That the City Council has, pursuant to notice duly mailed and published, all as provided in Chapter 16 of the Code of the City of Fort Collins, considered all complaints and objections made and filed in writing by the owners of any real estate to be assessed or any persons interested; and the City Council further finds that all requirements of the ordinances of the City of Fort Collins respecting the organization of the district have been observed and complied with in all respects; and it is hereby ordered that the improvements in the district as provided for in the map, plans and specifications heretofore adopted by the City Council be and they hereby are ordered to be constructed. Section 5. For the purpose of paying the costs of said improvements, bonds of the City of Fort Collins in the aggregate principal amount not to exceed by more than five per cent (5%) the City Engineer's estimate above set forth, plus the amount authorized by ordinance to be added to cover the expense of collection, legal, advertising, engineering, financing, interest during construction and other incidentals (such amount to be seventeen per cent (17%) of the cost of such improvements), are hereby authorized to be issued by the Director of Finance of the City of Fort Collins, which bonds shall bear the date of their issuance. Said bonds shall bear the name of the district and shall bear interest at the rate of six per cent (6%) per annum, payable semi- annually; said interest to be evidenced by coupons attached to the principal bond and attested by the facsimile signature of the City Clerk which said bonds shall be in denominations of not more than One Thousand and No/100 Dollars ($1,000.00) each, and each of said bonds shall be subscribed by the 342 Mayor, countersigned by the Director of Finance and shall have the corporate seal of the City affixed thereto, attested by the City Clerk and said bonds shall be registered with the Director of Finance and shall be sold to the highest and best bidders for cash, but in no event for less than par, and in all cases to the best advantage of the City in order to pay the costs of the work herein provided. Such bonds shall be payable out of moneys collected on account of the assessments made for such improvements, as provided in Chapter 16 of the Code of the City of Fort Collins. Said bonds shall be numbered consecutively and shall be redeemable consecutively according to number and in the order of issuance and the Director of Finance shall preserve the records concerning the issuance of said bonds in a suitable book kept for said purposes. All of said bonds shall be absolutely due and payable ten (10) years from the date of issue, and shall be subject to call and payment at anv time prior thereto. All assessments made pursuant to this ordinance, together with all interest thereon, penalties for default in payment thereof, and all costs of collecting the same shall, from the date of final publication of the assessing ordinance hereafter to be adopted, constitute a perpetual lien on the property therein assessed on a parity with the tax lien for general State, County, City, Town or School taxes, and no sale of such property to enforce any general State, County, City, Town or School tax or other lien shall extinguish the , perpetual lien of such assessments herein provided to be made. Section 6. Said bonds and coupons attached thereto shall be substantially in the following form: UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS CONSOLIDATED SIDEWALK IMPROVEMENT DISTRICT NO. 6 No. $1,000.00 The City of Fort Collins, in the County of Larimer and State of Colorado, for value received, acknowledges itself indebted and hereby promises to pay to the bearer hereof, the sum of 343 n r:� ONE THOUSAND and No/100 DOLLARS in lawful money of the United State of America, at the office of the Director of Finance of said City, ten (10) years from the date hereof, subject to call and payment,. however, at any time prior thereto, as provided in the City Charter and Chapter 16 of the Code of the City of Fort Collins, with interest thereon from date until payment, payable semi-annually, at the office of the Director of Finance of the City of Fort Collins, upon presentation and surrender of the annexed coupons as they severally become due. This bond is issued for the purpose of paying the costs of local improvements constructed in Consolidated Sidewalk Improvement District No. 6 in said City. This bond shall be callable at any time by the Director of Finance of the City of Fort Collins as provided in Section 16-29 of the Code of the City of Fort Collins, which provides as follows: "Whenever there are available funds in the City Treasury therefor, it shall be the duty of the Director of Finance to call in and pay a suitable number of any bonds outstanding, by giving notice for five (5) days in an official newspaper published in the City. At the expiration of thirty (30) days from the first publication of such notice, interest on the bonds so called shall cease. The notice shall specify by number the bonds called, and all such bonds shall be paid in numerical order. The holder of any such bonds may at any time furnish his post office address to the City Clerk and in such event, a copy of the publication shall be mailed by the City Clerk to the bondholder at such address within ten (10) days after the date of publication." This bond is payable out of the proceeds of special assessments to be levied upon the real property situate in said improvement district especially benefited by said improvements, and the amount of the assessments so to be made upon the real estate in said improvement district for the payment thereof, with accrued interest, is a lien upon the said real estate in the respective amounts to be appor- tioned to said real estate and to be assessed by an ordinance of said City, and the lien created by said assessing ordinance, together with all interest thereon, penalties for default in the payment thereof, and all costs in collecting the same, shall, from the date of the final publication of the assess- ing ordinance hereafter to be adopted, constitute a perpetual lien on a parity with the tax lien for general State, County, 344 City, Town or School tax, and no sale of such property to enforce any general State, County, City, Town or School tax or other lien shall extinguish the perpetual lien of such assessments herein provided to be made. It is hereby certified and recited that the total issue of bonds of said City for said improvement district, includ- ing this bond, does not exceed the amount authorized by law; and it is further certified and recited that every require- ment of law relating to the creation of the district, the making of local improvements therein and the issuance of this bond, have been fully complied with by the proper officers of said City and that all conditions required to exist and all things required to be done precedent to and in the issuance of this bond to render the same lawful and valid have happened and been properly done'and performed and did exist in regular and due time, form and manner as required by law. IN TESTIMONY WHEREOF, the said City of Fort Collins has caused this bond to be subscribed by its Mayor, countersigned by its Director of Finance, and attested by its City Clerk, under the seal of said City, and the interest coupons hereto attached to be attested by the facsimile signature of the City Clerk as of the day of 1976. ' Mayor SEAL: ATTEST: COUNTERSIGNED: City Clerk Director of Finance (Form Coupon) No. $30.00 On the day of 19 unless the bond to which this coupon is attached has been called for prior redemption, the City of Fort Collins will pay to bearer 345 1 THIRTY and N0/100 DOLLARS ' in lawful money of the office of the Director being six (6) months' bond, dated costs of improvements District No. 6. United States of America, at the of Finance of Fort Collins, Colorado, interest on its local improvement , 19 , issued for paying the in Consolidated Sidewalk Improvement (Facsimile Signature) City Clerk Section 7. Whenever considered prudent by the Director of Finance, he is hereby authorized and empowered, whenever sufficient funds may be in his hands to the credit of said improvement district, including six (6) months' interest on the unpaid principal, to advertise for five (5) days in an official newspaper of said City and call in a suitable number of bonds of said district for payment, and at the expiration of thirty (30) days from the first publication, interest on said bonds so called shall cease. The notice shall specify the bonds so called by number and all bonds so issued shall be called and paid in their numerical order. Section S. Upon the taking effect of this ordinance, the Mayor is hereby authorized and empowered to advertise for bids for the construction of the improvements in accord- ance with the map, plans and specifications heretofore adopted, which advertisement shall be twice published. in an official newspaper published in the City. Said publications are to be at least a week apart, and the date for opening of bids shall not be less than ten (10) days after first publica- tion, and bids received under said advertisement shall be submitted to the Council for approval or rejection. Adver- tisements for bids shall comply with the requirements and be in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins. Section'9. When the improvements herein authorized have been completed and the same approved and acepted by the City of Fort Collins, the costs as set forth above shall be assessed upon the real property in said improvement district, all as hereinbefore set forth. Section 10. This ordinance shall be irrepealable until the indebtedness herein provided for, whenever the same shall be created, shall have been duly paid, satisfied and discharged as herein provided. 346 Introduced, considered favorably on first reading, and ordered published this 1st day of June, 1976, and to be presented for final passage on the 22nd day of June, 1976. Mayor ATTEST: "C;� f-�7 V Off-' r City Clerk Passed and adopted on final reading this 22nd day of June, .A. D. 1976. yor ATTES JA.A k--A 2,U IL Ci y Clerk ' EXHIBIT A ORDINANCE NO. 44, 1976 CONSOLIDATED SIDEWALK IMPROVEMENT DISTRICT NO. 6 A. Description of property specially benefited by the improvements to be installed in the district and to be assessed for the costs incurred in making said improvements: The lots and lands abutting the following streets: 1. The south side of Stuart Street from Busch Court east to Lemay Avenue. 2. The east side of Stover Street from Stuart Street north to the existing sidewalk. 547 1 3. The north side of Locust Street from Peterson Street east to Stover Street. 4. Both sides of Locust Street from Stover Street east to the existing sidewalk. 5. The east side of Stover Street from Locust Street east to Elizabeth Street. 6. The south side of Pitkin Street from Peterson Street east to Stover Street. B. Improvements to be installed in the district consist of: Concrete sidewalk. C. The cost of making the improvements in the district shall be assessed against the assessable property in the district as follows: Upon the lots and lands abutting the portion of the right of way in which the sidewalk is installed in proportion as the frontage of each lot or tract of land is to the frontage of all lots and lands so improved. Maxmimum assessment per abutting foot--$6.29. (Including cost of collection, legal advertising, engineering, financing, interest during construction and other incidentals.) First Reading: June 1, 1976 (Vote: Yeas: 7, Nays: 0) Sccond Reading: June 22, 1976 (Vote: Yeas: 5, Nays: 0) Dates Published: June 6, 1976 and June 27, 1976 \hest: City Clerk Report on Historical Landmark Designation Procedures Following is the City Manager's memorandum on this item: "Attached is a report from the Cultural Resources Board describing their procedures for establishing an historical landmark. Since this is closely related to Ordinance No. 43, 1976, designating the Andrews House as a historical landmark, the City Council should first determine if the procedures are acceptable." Mr. Gary Hixon spoke to the procedures for establishing historical landmarks briefly. (Complete report in Central Files.) Councilman Bowling made a motion, seconded by Councilwoman Reeves to accept and approve the procedures set up by the Cultural Resources Board for establishing historical landmarks. Yeas: Councilmembers Bloom, Bowling, Reeves, Suinn and Wilkinson. Nays: None. Ordinance Adopted on First Reading Designating the Andrews House as a Landmark Councilman Suinn made a motion, seconded by Councilwoman Reeves ' to adopt Ordinance No. 43, 1976 on first reading. Yeas: Council members Bloom, Boialing, Reeves, Suinn and Wilkinson. Nays: None. Ordinance Annexing the Vance First Annexation, Tabled City Attorney March advised Council that there were some procedural matters that needed to be accomplished and would they table the hearing and first reading of this ordinance to the next meeting on July 6, 1976. Councilman Bowling made a motion, seconded by Councilman Bloom to table Ordinance No. 46, 1976 on first reading to July 6, 1976. Yeas: Councilmembers Bloom, Bowling, Reeves, Suinn and Wilkinson. Nays: None. Downtown Merchants Association's Carnival Request Robert Brunton, City Manager, gave a brief review as to how it came to be that the DMA is requesting to use the America Building parking lot for this ,year's carnival. 349 t Mr. Brunton's memo to the Council says in part the following: The DMA has been involved in the parking lot for some time. There is some land in the parking lot area that is privately owned. Also, it is my understanding that the DMA paid for the blacktopping of the parking lot. Since at least 1971, the DMA has been reimbursing the City for the $30 annual rental charges. We have received written permission from the Colorado and Southern Railway Company in the form of a supplemental agreement to our lease on this property. If the Council approves this request, they should approve the supplemental agreement and direct the Mayor and City Clerk to sign it on behalf of the City. The City has also received a petition bearing 70 signatures from merchants in the area opposing any carnival in this location. Recommendation: The Administration recommends that the Council approve the DMA's request to hold their carnival in the America Building parking lot and authorize the Mayor and City Clerk to sign the supplemental agreement with the Colorado and Southern Railway Company." Mr. Rudy Juvan, President of the DMA was present to answer questions from the Council regarding this matter. City Attorney ' March advised the Council that if the Council grants the request from the DMA to use the America Building lot for the carnival, that it be granted conditional upon the requirements set forth in Ordinance No. 42, 1976 passed on second reading today even though the ordinance does not go into effect for 10 days. Councilwoman Reeves made a motion, seconded by Councilman Bloom to approve the DMA request to have the carnival downtown and the conditions set forth in Ordinance No. 42, 1976, be followed. Yeas: Councilmembers Bloom, Bowling, Reeves, Suinn and Wilkinson. Nays: None. Mayor Wilkinson stated -for the record that the petition containing 76 signatures of persons in the 100 block of North College opposing the carnival in the America Building parking lot has been received and duly noted and that the DMA will make every effort during the coming year to find another suitable site. Report on Spring Creek Village Apartments Section 8 Housing City Manager, Robert Brunton, spoke briefly on this matter since it had been discussed at the Council work session on .June 8, 1976. (Complete report in Central Files.) 350 Mr. Brunton's memo to the Council says in part: "As I indicated at that meeting, the Administration feels strongly that 200 units of Section 8 housing in this area is not desirable; of further concern was the entire question of the City becoming involved in the management of public housing projects as well as the reality that, if the Housing Authority is to become self- sufficient, they need more units. Enclosed is a copy of the revised letter sent at Council's direction. The Administration will be prepared to discuss this with you at the meeting." Councilman Bowling made a motion that the Council rescind the letter, reject the proposal and be definitely opposed to the project going Section 8. Motion withdrawn. After further discussion, Councilman Bowling made the following motion, seconded by Councilman Suinn that there be no units approved for Section 8 housing in that particular project, however, Council does feel that there could be low income housing allowed in that general locale. Yeas: Councilmembers Bloom, Bowling, Suinn and Wilkinson. Nays: Councilwoman Reeves. (Note: Councilwoman Gray arrived at 6:00 p.m. during the discussion of the proposed burglar and fire alarms ordinance.) Consider Draft of Ordinance Relating to Burglar and Fire Alarmswithin the City Chief Smith gave a brief review as to why this ordinance was drafted. City Manager Robert Brunton's memo to the Council regarding this matter is as follows: "This ordinance was precipitated by a request from Guardian Security, Inc., concerning the City's involvement in the alarm business. Specifically, they believe the City should not continue to monitor and/or house alarms in its buildings for private enterprise. The Administration has spent considerable time and effort working with representatives of Guardian Security concerning this matter. An administrative report to the Council recommended the City with- draw from the alarm business. However, we believe this is a policy decision and should be made by the Council. In the event Council approves the City getting out of the alarm business, the Administration recommends consideration of the alarm ordinance. Enclosed is a draft of the ordinance along with a memo ' from the City Attorney. The memo is self-explanatory. Basically, 351 the ordinance seeks_to control the selling and installation of burglar and f71re alarms within the city by the establishment of licensing procedures and installation and maintenance criteria. Recommendation: The Administration recommends that Council review the draft ordinance and comments by the City Attorney. If the Council agrees with this philosophy, they should instruct the Administration to proceed with the preparation of the final ordinance. Prior to coming to Council again, the standards would again be held with private alarm companies." No formal action taken, Council requested several changes and Mr. Brunton advised Council that this item would be thoroughly discussed at the work session scheduled on June 29 so an ordinance can be prepared for hearing and first reading on July 6, 1976. Consider Report on Avery House City Manager Robert Brunton gave a brief review of the use of Avery House to date. The following comments were read into the record. June 17, 1976 ' Mr. Robert Brunton, City Manager City of Fort Collins 300 LaPorte Avenue Fort Collins, Colorado 80521 Dear Mr. Brunton: The Poudre Landmarks Foundation feels that it now is in a position to sign the contract with the City of Fort Collins. You will note that this signed copy has been changed to include as Exhibit A the corrected legal description. The Foundation wishes to repeat the following points which restate its initial position as to its role in the Avery House Restoration. The success of this project depends heavily upon the City of Fort Collins and its willingness to assist in the following areas: 1. care of the grounds; maintenance of the house; 2. security of the property, particularly the house itself as valuables are moved in; 3. utilities; 4. insurance. 3S2 It is our understanding that the City will assume these responsi- bilities, to be paid for out of City general funds, as long as it occupies the building as City office space. It is our hope that at the time when the City vacates the property for interior resto- ration by the Foundation some form of continuing help will be offered by the City. It is extremely important that the Foundation have the ability to determine that decisions relating to the character of the restora- tion, interior and exterior, will be appropriate to the type of restoration agreed upon. This project has been represented by us as one of superior quality in grant applications and grants have been received and promised with that understanding. We feel that we can offer to the City the proper personnel to accomplish this end. It is our hope that the process can be an amicable one. For this reason the composition of the three-oersam-cDauaittee is of utmost importance. We understand that the task we have undertaken in this contract is a long and complex one. It is our belief that the problems are not insurmountable. Please call on me if I can assist in some way. Very truly yours, % , Robert M. Dunn President dgr cc Fort Collins City Council, Earl Wilkinson, Mayor Eldon F. Holmes, Avery House Ellen Wolfe Thexton, Cultural Resources Director Ray Dixon, Cultural Resources Board Karl Carson, Bicentennial Commission Claude France, Designing Tomorrow Today James A.Cox, Project Architect Gerron Hite, State Historical Society 3 S 3 B ill Holmes spoke to the restoration program, the make-up of the committee and''the Foundation Agreement. Mr. Brunton's memo regarding this matter is as follows: "You have been advised of our efforts to arrange for the transfer of custody of the Avery House to the Poudre Landmarks Foundation. You are also aware that the Foundation declined to accept this transfer due primarily to the lack of funding capability and the lack of an organizational structure to undertake this obligation. Subsequent to the position established by the Foundation, we have been endeavoring to work out a cooperative agreement between the City and the Foundation whereby the restoration program would be a joint effort between the City and the Foundation. The latest to the City, but there are some exceptions on the part of the Foundation; namely: 1. That the Foundation will have full responsibility for the restoration program, i.e., the decision making responsibility for how and what alterations, modifications, and restoration activities will take place. 2. That the City will be responsible for and pay for all utilities, maintenance, security, and yard work while the premises are being occupied by the City. ' The C it y Administration is not in disagreement with item P2 above. However, with respect to item nl, the Administration believes that, with respect to the restoration program, paragraph number one of the agreement entitled, "Appointment and Function of Committee" should be followed. With respect to actual restoration activities, the roof is the most critical item followed by replacement of the electrical wiring, heating system replacement, and the replacement of the plumbing. Out of four roofing contractors who have examined the building, only one elected to give us an estimate of the cost. Dale's Roofing Service estimate of $46,000 is attached. The other three contractors did not want to give an estimate. Recommendation: The Administration recommends that the Council approve part NI of the proposed agreement "Appointment and Function of Committee," and also appoint a member from the City staff to serve on the above committee. The Administration also recommends that the Council take no action on the roofing estimate at this time until other cheaper alterna- tives may be found." „4 City Attorney March advised the Council that it was his under- standing that the restoration projects would be completed and/ or worked on as funds were made available for the work to be accomplished, all expenditures would be Council approved. Councilwoman Reeves made a motion to approve the agreement, seconded by Councilman Bowling. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Councilman Suinn made a motion, seconded by Councilwoman Reeves to appoint Bill Holmes as the representative from the administration to work on the committee to be formed for the restoration of the Avery House. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. Consider Lease for Private Hangar at Fort Collins -Loveland Airport Following is the City Manager's memorandum on this item: "At the May 12, 1976, Airport Board meeting, a request for a private hangar space for Robert H. and Winola J. Gutchess was presented for consideration. The Airport Board voted unanimously to recommend approval to the two City Councils. The rental sum is $198.40 and may be extended for one year unless terminated ' by either party prior to April 12, 1977. The Loveland City Council has approved the agreement, and it is now before you for consideration." Councilwoman Reeves made a motion, seconded by Councilman Bloom to approve the Lease and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. Report of Costs for Street Improvement District No. 68 Approved Following is -the report of the City Engineer on this item "The completion of this District has been delayed for some time due to negotiations with the Union Pacific Land Company over right-of-way on the north side of the Hickory Street portion of the District. The improvements on Hickory include sidewalk,on the north side of the street. In order to construct the side- walk it was necessary for the Union Pacific to dedicate additional right-of-way. Jack Ferguson in the right-of-way office has been. ' dealing with the Union Pacific through the Denver, Cheyenne and Omaha offices on the basis thev did not see anv problems with 355 dedicating the additional right-of-way the past several'weeks that they will of -way on the condition that they will sidewalk installation. . We have learned in only dedicate the right - not pay the cost of Rather than delay the district assessment any further, we recommend that the sidewalk improvement on the north side of Hickory Street be deleted adjacent of the Union Pacific property." Citv Attornev March clarified that Council should approve the report and refer it to staff to have it in proper form for presentation at the next meeting. Councilwoman Reeves made a motion, seconded by Councilwoman Gray to approve the report and refer the matter to staff for presenta- tion at the next meeting. Yeas: Councilmembers Bloom, Gray, Reeves, Suinn and Wilkinson. Nays: None. (Bowling out of room.) Resolution Adopted Approving Urban Mass Transportation Administration Grant for Expansion of Transfort Administrative Assistant to the City Manager, Susan Jones, stated that at the May 2S, 1976 work session the Council had reviewed this item and had directed the staff to review the proposal and try to reduce the subsidy and keep operating costs as low as possible. The recommendation is as follows: "Recommendation: The Administration recommends the following: 1. That the City Council adopt the Resolution approving the UMT.A grant and purchase of one bus. 2. That the City Council approve the attached CSU/Transfort agreement. 3. That the.Administration be authorized to - a. Cut back Transfort operating hours to start service at 7:15 a.m. and end service at 6:1S p.m. (see attached memo; this will decrease our subsidy by approximately $4,200). b. Utilize the additional. fifth bus weekdays only on a part- time, peak -period basis." Those speaking in favor of the resolution were as follows: 1. Mike Stratton, President of ASCSU and member of the State Board of Agriculture. 2. Gerald Greenburg, General Partner Foothills Meadows Apartments. 356 3. William Wagner, Transportation Subcommittee Chairman of the Growth Management Task Force. 4. Richard Hecker, member of the Saint Joseph's School Education Committee. S. Barbara Krebbs, League of Women Voters. Councilwoman Gray made a motion, seconded by Councilman Bowling to approve the recommendation. Yeas: Councilmembers Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: Councilman Bloom. RESOLUTION 34-76 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING URBAN MASS TRANSPORTATION CAPITAL GRANT CONTRACT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT CONTRACT IN CONNECTION WITH THE PURCHASE OF A PASSENGER DIESEL TRANSIT BUS UNDER THE PROVISIONS OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED WHEREAS, the City Council of the City of Fort Collins I desires to secure a federal grant under the terms of the Urban Mass Transportation Act of 1964, as amended; and - WHEREAS, the Urban Mass Transportation Administration has executed and forwarded to the City Council an offer of an Urban Mass Transportation Capital Grant Contract, being project No. CO-03-0009; and WHEREAS, the City Council of the City of Fort Collins approves the Urban Mass Transportation Capital Grant Contract whereby the City of Fort Collins would obtain federal financial assistance in the form of a capital grant to aid in the purchase of one passenger diesel transit bus, one farebox, one two-way radio, and contingencies. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager be, and he hereby is, authorized and directed to execute the Urban Mass Trans- portation Capital Grant Contract for Project No. CO-03-0009 and is further authorized and directed to perform any other acts necessary in connection with the execution of said contract. 3S7 BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to'Ehe Urban Mass Transportation Administra- tion with the executed Urban Mass Transportation Capital Grant Contract. Passed and adopted at a regular meeting of the City Council held this 22nd day of June, A.D. 1976. i ATTEST: ({ Mayor City Clerk Consider Suit Concerning Mountain Bell Occupation Tax Referred to City Attorney Following is the City Attorney's memorandum on this item "Mountain Bell has brought suit against the City of Fort Collins claiming the City's occupation tax is unlawful. This action comes ' about because of a recent Supreme Court decision involving an occupation tax of the Town of Minturn. The Supreme Court decided in effect that any occupation tax which was based upon the gross revenues of the occupation was an'income tax and, therefore, invalid. There are possible arguments which can be made that the occupation tax charged to Mountain Bell is not in the same category, and the Minturn case does not control in the case of this tax. Since this is a substantial revenue item and also in recognition of the fact that the telephone company operation does, on occasion, severely disrupt use of City streets and other facilities, or another. I suggest that this matter be put on the Council agenda for the meeting of June 22, and that the Council be requested to authorize me to defend this suit and also propose alternate means of determining the tax. Such means might include a tax based upon number of phones in the City, the amount of street occupied, a tax based upon the number of employees of the company, or a tax based upon any other measurable factor." Councilman Suinn made a motion, seconded by Councilwoman Reeves to authorize the City..,Attorney to enter an appearance in the suit on behalf of the'City. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. 358 Report on the Pioneer Museum Accepted Following is the City Manager's memorandum and recommendation on this item: "The City Council was briefed on May 25, 1976, with respect to the Pioneer Museum programs and plans. Included in the briefing was a presentation by the architect, Mr. Bill Robb, on the modi- fications or alterations proposed for the old library building to adapt it to museum use. It was brought out at the briefing that $260,000 was the maximum limit that could be expended for construction, architectual fees, technical fee, inventory and cataloguing, equipment and facilities. The remaining balance between the $260,000 and $275,000 allocation would be expended toward exhibits, display and show case. The proposed modifications or alterations include: - New boiler and piping - Air-conditioning on the first and mezzanine floors - Central corridor on ground floor - Installation of an elevator in center of building adjacent , to central corridor - Additional toilet space - Handicap ramps - Stairway modifications and room modifications - Closing in the north recess for additional display area, fan room, and storage. There seemed to be general agreement on the modifications or alterations with the exception of the matter of a new boiler or heating system. The question has been raised as to whether a new boiler should be installed at this time and whether electrical or gas energy should be used. The present boiler is in use and is useable at the present time. The question is how long will it be useable. 1. Boiler 1) It is now a steam boiler, This will have to be converted to hot water. It is better'to have a new, more efficient hot water boiler than a converted steam boiler. 359 b) Age of boiler: Pipes show evidence of rust indicating possible rusting of boiler as well as pipes. The boiler probably will be ready to be replaced within the next 5-10 ,Years anyway. The Building Inspection Division recommends its replacement. We could take a chance that it will last for a while which would mean postponing the replacement and its cost. This will cost more later and be more difficult. c) Location of Boiler: We will have to move the boiler if a new central corridor is desired and if we wish to put the elevator in the center of the building and provide ramps for the handi- capped. d) If the building is to last 30 to SO more years, a new boiler is recommended. 2. Energy type (Gas V.S. Electricity) a) Electric energy costs approximately three times as much as gas at the present time. b) Rates would have to be approximately one cent per K.W. hr. to compete with gas. They are presently over 3 cents per K.W. hr. c) Bob Kost of the City Electric Utility recommends definitely going to gas now as a net savings to the City. d) Rates might go up disproportionately, gas faster than electricity; but electricity rates will go up also because of fuel costs to produce it. e) The building is not the type to easily insulate completely if electric heat is used. Also there is not enough in the budget to accomplish this. f) We are already using electricity to cool building for electric motors, fans, compressors and other related air handling equipment - SOa of building will be cooled. g) If gas rates are too high at some future date, the boiler can be replaced with an electric boiler. h) Hot water radiation in the basement is the most economical way to heat the basement now. Water has better mass and is actually a better heat holding medium than electric base -board heat. i) Electric base board and no furnace is less in initial cost. More required insulation will more than offset this as well as an increased electrical service to the building. High energy costs would be a continuing cost. Recommendation: The Administration recommends that the Council Authorize us to proceed with the modifications and alterations 360 as indicated in paragraph #3 above. This includes the new boiler and piping, such modifications, alterations, equipment and fees to not exceed $260,000." Councilman Bowling made a motion, seconded by Councilwoman Reeves to adopt the recommendation. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. Proposed Bylaws for Designing Tomorrow Today Steering Committee Approved Preston Davis, Chairman of the DT2 Steering Committee stated Council had had for some weeks a recommended set of Bylaws. Also, Council had a report stating the objectives and achievements. Mr. Herb Brauer inquired if adoption of the bylaws at this time committed the City to fund DT2 at this time. City Manager Brunton and City Attorney March stated the Council has complete control of the budget at all times. Councilman Suinn made a motion, seconded by Councilman Bowling that the Council express its acceptance and approval of staggered terms concept for the DT2 Steering Committee. Yeas: Councilmembers Bloom, Bowling, Suinn and Wilkinson. Nays: Councilmembers Gray and Reeves. , Councilwoman Gray made a motion, seconded by Councilman Bowling to appove the DT2 Steering Committee Bylaws. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. Various Power Line Easements Ac Following is the City Manager's memorandum on this item: "The following power line easements requiring Council approval are routine in nature. All four easements are needed for the installation and continued operation, maintenance, repair, alteration, inspection, and replacement of underground and/or overhead electric transmission and distribution lines. The City needs these easements in order to take over electric service to areas which are annexed into the City but are still on Public Service Company power. 1. Grantor: Lovina J. and James Wesley Brown Location: South side of West Prospect Street, just west of Bauder School. Consideration: $1.00 2. Grantor: United Bank of Fort Collins 361 Location: 2S36.West Prospect Street Consideration: $1.00 3. Grantor: John C. Anderson Location: 2614 and 2S36 West Prospect Street Consideration: $1.00 4. Grantor: Barbara Jo Hendricks Location: 2614 West Prospect Street Consideration: $1.00 Councilman Suinn made a motion, seconded by Councilman Bloom to accept the above easements. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. Citizen Participation 1. Patricia Hoffman, 2211 West Mulberry, read at length a letter setting out alleged abuses in the administration of zoning and other ordinances, rules and regulations of the City, perpetuated.by various administrative heads of departments. City Manager Brunton stated the administration would make a report on this item at the July 6, 1976 Council meeting. ' 2. Andy Anderson, 1421 Skyline Drive appeared before Council and requested Council not appeal the decision handed down from the District Court regarding the Charter Amendment, City Manager question. City Attorney March responded that the City is not appealing the decision and is not taking action in any other appeals. 3. Sandra Klug, 627 Whedbee, representing the Colorado Centennial Bicentennial Commission presented checks in the amount of $S,294.00 to be used at Lee Martinez Park and $800 for the Fort Collins Symphonic Society. Report from the City Manager City Manager Brunton made the following announcements and reports: a. Report on the APPA Conference with copies on file of all major talks. b. The City has made 18 grants totaling $62,000 for housing rehabilitation work. 362 C. The purchases for the year to date are 2,679 purchases including 149 bids with a total of $7,620,000.00. d. The City is signing an agreement with the Department of Local Affairs for $11,074.00 for a communication upgrade. e. The Citv has been notified by the United States District Court of a Temporary Restraining Order regarding the suspension of a liquor license for the Country Politan Restaurant. f. The Administration has changed the sidewalk inspection policy. The basic inspection will now be performed by the Building Inspection personnel. g. Calls have been received in opposition to the City's closing the Poudre Canyon Water Plant to picnickers, to bikers and kayakers. The Colorado Department of Health requires these areas to be closed. h. The City's Overlay Program will encompass the following: Colorado Street - from Locust to the alley north of Laurel. Magnolia Street - from Peterson Street to Riverside. Olive Street - from Peterson to Riverside. ' Shields Street - from Elizabeth to Prospect. Taft Hill Road from Elizabeth to Prospect. Skyline Drive - from Elizabeth to Orchard Place. Drake Road - from Meadowlark Avenue to the Larimer Canal #2. i. The City took bids on the Service Center. The low bidder, Cook Construction Company, will receive the award at $544,248.00. j. The Fire Department has reported that Gene Chantler has been elected as a Trustee of the Fire Pension Board. k. Sixty-eight trees have been lost due to winter kill in the City's nursery. 1. Bids will be opened on August 16th for Street Improvement District No. 71. M. There has already been some slight peeling of the swimming pool floor recently repainted. n.. Mayor Wilkinson has received a letter from William Tietz, Dean of the College of Veterinary :'Medicine, thanking the 363 City for its help in getting funding for the new Vet Hospitalhere in Fort Collins. o. The administration has received a complaint from a citizen requesting enactment of a noise ordinance. p. Extensive programs will be held on the 4th of July at City Park. The park will be closed off completely to vehicle traffic. q. Revisions to Personnel Policies and Procedures have been completed. r. A summary is complete up through December 31, of the Seven Year Capital Program. S. The Manager attended, on behalf of the City, the dedication of the Greeley Water Treatment Plant and the Longmont City Hall dedication. Report from City Council Representatives on Committees No report from members. Request Regarding Changes in Curfew Ordinance Referred to City Attorney for Change Following is the City Manager's report and recommendation on this item: "This item was considered by the City Council at their June 1, 1976 meeting. Council tabled any action until June 22, 1976, pending input from PTO and PAB organizations. Changes in the ordinance were requested by the Task Force on Police -Community relations. In order to get more input, a public hearing was held by the Task Force on June 15, 1976. Material prepared by the Task Force Chairman is provided. Recommendation: The Administration recommends that no changes e made to the curfew ordinance." Lupe Carbajal, Chairperson of the Task Force on Police Community Relations gave an oral report on the June 15, 1976 public hearing. The recommendation of the task force is that the Council suspend the Curfew Ordinance for a period of one ,year in order to gather data on this item. Mayor Wilkinson inquired into the input received from P.T.O.'s and P.A.B.'s. Judy Duran, a member of the Task Force stated the chairpersons had been contacted but because of the ending of 364 terms, no position had been taken. Others addressing the issue were as follows: 1. Velma Valdez who spoke in opposition to any change in the ordinance. 2. Gil Carbajal spoke in support of the task force recommendation. 3. Margaret Batson, member of the Human Relations Commission, voted to support the recommendation for the suspension of the curfew ordinance for one year. 4. Bruce Hall, from CSU, spoke in opposition to any change in the ordinance. S. Eleanor Gale, member of the task force, spoke in support of the recommendation. 6. Mary Jane Hall spoke in opposition to suspending the ordin- ance prior to having a method established for gathering statistics. 7. R.L. Bennett read at length a letter of opposition to changing the Curfew Ordinance. 8. Police Chief Ralph Smith spoke in opposition to suspending ' the ordinance or changing it. 9. Sam Van Why, member of the Human Relations Commission, spoke in favor of the task force recommendation. 10. Jim Weddel spoke in opposition to changing the ordinance. 11. Attorney Paul Salas spoke in support of the task force recommendation. 12. Chief of Investigative Division, David Feldman, spoke to the enforcement portion of the ordinance and the difficulty in monitoring the affects of a suspension of the ordinance. 13. Gloria Newman spoke in favor of suspending the curfew. 14. Doug Keasling spoke in opposition to the task force recommendation. Mavor Wilkinson then called for Council comments on this item. Councilman Bowling made a motion, seconded by Councilman Suinn that the ordinance stand, with instruction to the City Attorney to redraw the time from 11:00 p.m. to 12:00 p.m. Yeas: Council - members Bloom, Bowling, Reeves, Suinn and Wilkinson. Nays: Councilwoman Gray. 365 Councilman Suinn made a motion,.seconded by Councilwoman Reeves that the administration be directed to change the ordinance to read age IS. Yeas: Councilmembers Gray, Reeves and Suinn. Nays: Councilmembers Bloom, Bowling and Wilkinson. Mayor Wilkinson stated this motion died as it takes a majority vote of the Council to take action. Ordinance Denied Relating to West Mulberry, Washington. Mvrtle Street Rezoning Following .is a portion of the City Manager's memorandum on this item: "The proposed rezoning is for a 5-acre half -block located directly east of Dunn Elementary School. The half -block .is currently zoned and developed as R-L, low density residential in a single family residential area. The owners of some houses have estab- lished apartment rental units in the basements of their homes which are now operating illegally. The zoning request to change the zone to R-L-M, low density multiple family residential, would legalize the duplex uses." Planning Director Les Kaplan and Planning Technician Barbara Oglesby addressed the arguments against the rezoning and stated the recommendation was for denial. The item of having apartments in basements of homes currently operating illegally should also be made of record. Citv Attorney March stated this does represent at least three zoning violations in the block; no action has been taken pending final action on the petition for rezoning. If the zoning is not changed, the City must take action to have the basement apartments or duplex apartment removed. Petitioner Randy Pope spoke in favor of the rezoning request. Those in opposition to the rezoning were as follows: 1. Don Barrett, 820 2. An unidentified 3. John Nicol, 610 West Mulberry. area resident. South Washington. Councilwoman Reeves made a motion, seconded by Councilwoman Gray to deny the request and not pass Ordinance No. 48, 1976. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. 366 Ordinance Adopted on First Reading Relating to Deines East Prospect Street Rezoning Following is a portion of the City Manager's memorandum on this item: "This proposal requests rezoning from R-M, medium density residential for three acres located directly south of Teledyne Water Pik. The rezoning request would permit the development of office buildings and an indoor restaurant on the site." Councilman Bowling made a motion, seconded by Councilman Bloom to adopt Ordinance No. 49, 1976 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. Ordinance Denied Relating to Miller, Overland Trail at Prospect Street Rezonin Following is a portion of the City Manager's memorandum on this item: "This is a request to rezone a 3,-acre site near the inter- section of West Prospect and Overland Trail from B-L, limited , business district, to H-H, highway business district. The requested rezoning would permit the development of a car -wash upon the site." The Planning and Zoning Board voted 2-2 on a motion to approve; resulting in no recommendation. The staff recommends denial. Attorney Tom Metcalf, representing the applicant, stated the request is to be allowed to use the site as a car wash. Councilmembers discussed the desirability of the H-B zone in this area. Planning Director, Les Kaplan clarified this rezoning should be described as a rezoning for highway business uses and not rezoning for a car wash. Councilwoman Gray made a motion, seconded by Councilwoman Reeves to deny the request and not pass Ordinance No. SO, 1976. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves and Suinn. Nays: Councilman Wilkinson. 367 Cottonwood P.U.D. Preliminary Plan Approved ' Following is the City Manager's memorandum on this item: "In this revision of the initial preliminary plan presented to the City Council at its June 1, 1976, meeting, the petitioner has responded to Council concerns about the originally proposed placement of two commercial buildings at the corner of Stover Street and East Drake Road. The City Council had referred the initial plan back to staff to work out a more suitable location on the site for the commercial uses permited by review within the planned residential zone. The plan is for 312 units of single and multi -family development on S2 acres at the northeast corner of Drake Road and LeMav Avenue. The revised plan essentially reverses the locations of the proposed day care center, and these two commerical structures. Also, the revision relocates the swimming pool from a southeast location to an area between the single-family and multi -family development and provides an additional access path to the active recreational area. The new location for the day care center seems less appropriate than initially proposed, and the other commerical uses seem well suited for the corner, provided City controls concerning commercial uses prevail. Because the City has review over the nature of commercial uses within a PUD, retail commercial activities can be prohibited while certain office uses allowed. In that the Council and interested citizens at the June 1, 1976, meeting appeared most concerned over the possibility of retail uses on the corner, the City has the option to allay these fears by imposing use restrictions for commercial structures within the Cottonwood PUD. Recommendation: The City Administration recommends that non - retail, commercial uses allowed in the R-H, high density resi- dential zone, be allowed for the non -day care commercial buildings in the Cottonwood PUD, and that the Stover Street --Drake Road corner for such commercial activities, as proposed, continue." Petitioner Maurice Deines spoke in support of the plan. Adjacent property owner, Attorney Eugene Mitchel, spoke in general to the need or lack of it for commercial uses in the area, and the need to have provision for maintenance of the common areas. Councilwoman Reeves made a motion, seconded by Councilman Bloom to adopt staff recommendation approving the PUD with commercial uses in the southwest corner restricted to non -retail (R-H type) uses and with the understanding that the maintenance and upkeep for the commercial portion of the development will be provided for by appropriate covenants. Yeas: Councilmembers Bloom, 363 Reeves and Wilkinson. Nays: Councilmembers Bowling, Gray and Suinn. Mayor Wilkinson declared the motion lost. Councilwoman Reeves made a motion, seconded by Councilman Bloom to re -move her previous motion. Yeas: Councilmembers Bloom, Gray, Reeves and Wilkinson. Nays: Councilmembers Bowling and Suinn. Stonehenge Subdivision, Second Filing, Final Plan Approved Following is the City Manager's memorandum on this item: "This final plat for the development of 22 single-family lots on 7 acres zoned R-L lies between the first filing of the former Spring Creek Village Subdivision (renamed Stonehenge Subdivision) on the north and the Parkwood Subdivision on the south. The proposed development has aroused concern among residents of Parkwood, principally because of the possible connection of Rollingwood Drive and Brookwood Drive in Parkwood with the local street system in the Stonehenge Subdivision. Some Parkwood residents fear that the extension of Rollingwood ' and Brookwood would undermine the character of the Parkwood neighborhood and impose a safety hazard for the children. However, the City staff feels that there are mitigating circumstances; namely, the establishment of an additional school district and City plans for a collector street east of Rollingwood, which should allav the fears of Parkwood residents. The proposed second filing shows only Rollingwood connecting Stonehenge and Parkwood. This is a compromise response by the petitioner to resident opposition. City policy requires that there be at least two points of access to a residential develop- ment, which would mean that at least one street in addition to Stuart would have to connect with the second filing. On June 7, 1976, the Planning and Zoning Board voted 2 to 1 with one abstaining vote to approve the final plat. Prior to the completion of a utility plan, the City Council must resolve the question of Rollingwood and Brookwood extensions. Recommendation: The Citv Administration does not feel that a justification exists for changing the basic local street pattern as approved in 1971. The present configuration of Rollingwood and Brookwood within Parkwood, future transportation plans of the city, and the plans for a new elementary school in the southeast should mitigate the reasons for resident concerns." 369 1 1 1 Attorney Jack Vahrenwald, representing MEES Ltd., the owner, spoke in favor of the -plan. Those speaking in opposition were are follows: 1. Albert Frank, 2013 Rollingwood Drive, spoke in opposition to both streets going through. 2. Attorney Garth Rogers, representing the Parkwood Home Owners Association, who are opposed to both streets going through. 3. Mrs. Floyd Peterson, 1301 Rollingwood, spoke to school district boundary map. 4. Ken Ackelson, Lake Sherwood Subdivision, spoke in opposition to Rollingwood emphasing moving the north -south traffic. S. Mrs. Diane Hassett, 2114 Brookwood Drive, spoke in opposition to Brookwood being a through street. 6. Dean Winkler, resident, who lives between the two subject streets, stated traffic would be directed away from signalized streets. 7. Charles Herrick, 2024 Brookwood Drive, spoke to the petitions signed in favor of dead -ending both streets. Developer, Reid Rosenthal, spoke to access to the subdivision Councilwoman Reeves made a motion, seconded by Councilwoman Grav to approve the plat of the -Stonehenge Subdivision, Second Filing with both streets (Rollingwood BrReevded. Yes: eS, Suinnnand Wilkinson. Councilmembers Bloom, Bowling,Gray, Nays: None. Southmoor Village East Subdivision Second Filing, Final Plat Approved Following is the City Manager's memorandum on this item: "This final plat is for five estate size lots, all over one acre in size to be located on the east side of LeMay north of Horsetooth. The existing Nelson farmhouse would be preserved on the northern- most of these five lots. The plat also provides an access ease- eational bike path through this site ment for extension of a recr as per the Bikeway Master Plan. The Planning staff and Planning and Zoning Board (by unanimous vote) recommend approval of this subdivision." 370 Councilman Bowling made a motion, seconded by Councilman Suinn to approve the Final Plat of the Southmoor Village East Subdivision, Second Filing. Yeas: Councilmembers Bloom, Bowling, Reeves, Suinn and Wilkinson. Nays: None. (Council- woman Gray out of room.) Amendment of K-Mart Plaza P.U.D. Final Unit Development Plan approved Following is the City Manager's memorandum and recommendation on this item: "A revision to the 1971 approved K-Mart Plaza PUD has been prompted by the owner's desire to enlarge from 2,000 square feet to 4,200 square feet the retail floor area within the undeveloped L-shaped area of the original plan. The pre- liminary plan for the PUD revision was approved by the City Council at its March 17, 1976, meeting with conditions relating to additional landscaping and paving that -.portion of the access road between K-Mart Plaza and Century Mall, which is within the K-Mart Plaza PUD. At its June 7, 1976, meeting, the Planning and Zoning Board approved a final unit development plan for the amended K-Mart Plaza PUD. The principle conditions placed upon approval were that appropriate landscape and performance bonds be I posted with the City prior to the issuance of a building permit of the proposed additional structure. Recommendation: The Citv Administration recommends that the final plan forthe amendment of K-Mart Plaza PUD be approved by the City Council with the conditions itemized by the Planning and Zoning Board and that the City Attorney approve all land- scaping and road improvement agreements between the owner and the City." Following are the Planning and Zoning Board conditions for approval: "1. The proposed landscape plan must be approved by the City Arborist; 2. A landscape bond for all required additional landscaping must be deposited with the City prior to the issuance of a building permit for the building in the L-shaped area; 3. A performance bond for the improvement of the south half of the access road (end at the Century Mall) must be deposited with the City prior to the issuance of a building permit for the building in the L-shaped area; 371 4. The angled kiosk must be positioned in a manner acceptable to the City Traffic Engineer." Mr. Don Kapity, General Manager of K-dart stated he had been instructed to attend the meeting to point out several things: 1. The company has not been officially notified that there is a change of ownership. 2. As foranv additional construction on that property, accessibility to the new area is in violation of the lease agreement; and 3. A proposed photo -mat in the parking lot is also in violation. 4. Parking as outlined belongs to K-Mart. City Attorney March stated this is a private matter between the two entities; it does,however, take both; it takes City action and a private resolution to the problem. Councilman Bloom made a motion, seconded by Councilman Suinn to approve the amendment of K-Mart 'Plaza PUD, Final Unit Development Plan, based upon a landscaping bond and the improvement of the access road. Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. Falk-Seabera Subdivision Final Plat Following is the City Manager's memorandum on this item: "This final plat is for four standard sized (average lot size, 7,500 square feet) single-family lots on .7 acres located on the west side of Locust Court opposite the new Laurel Elementary School. Locust Court, the street upon which these lots would front, is already in existence onadedicated street right of way, having been built several years ago by the School District to provide. access to Laurel School. The Planning staff and Planning and Zoning Board (by unanimous vote) recommend approval of this subdivision." Councilman Bloom made a motion, seconded by Councilman Bowling to approve the Falk-Seaberg Subdivision Final Plat. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. 372 Adjournment Mayor Wilkinson stated the Council will be making appointments to Boards and Commissions on June 29, 1976. Councilman Bloom made a motion, seconded by Councilman Suinn to adjourn the meeting to 1:30 P.M. on June 29, 1976. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. ATTEST: ' I V ' City Clerk 373