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HomeMy WebLinkAboutMINUTES-12/07/1976-RegularDecember 7, 1976 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Regular Meeting - 5:30 P.M. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, December 7, 1976 at 5:30 P.M. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by Councilmembers Bloom, Bowling, Reeves, Russell, Suinn and Wilkinson. (Secretary's Note: Councilwoman Gray arrived later in the meeting.) Staff Members Present: Brunton, DiTullio, Kaplan, Bingman, Parsons, Deibel and Lewis. Also: City Attorney Arthur March, Jr. Minutes of the Adjourned Meeting of November 23, 1976 and the General Improvement District Board Meeting of November 23, 1976 Deferred to December 21, 1976 Mayor Wilkinson announced the minutes were not available and consideration for anDroval would be deferred to the December 21, 1976 meeting. Ordinance Adopted As Amended on Second Reading Relating to the Amount of City Contribution to the City's Policemen's Pension Fund Following is the City Manager's memorandum and recommendation on this item: "Council adopted this ordinance on first reading at the last meeting. The effect of the ordinance is to increase the City's contribution to the Policemen's Fund from 5% to 6% which automatically causes a similar increase from the individual contributions. Inadvertently, a section was left out of the ordinance establishing the effective date as January 1. This is necessary since no funds are budgeted for the increase until that date. Recommendation: The Administration recommends the following: (1) Council amend the ordinance by titling the portion already adopted as Section 1 and by adding a Section 2 as follows: 67 The effective date of this ordinance shall be January 1, 1977, and the same shall apply to salaries accruing after that date. (2) Adoption of the ordinance as amended." Councilman Bloom made a motion, seconded by Councilman Bowling to amend the ordinance as recommended by the administration. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. Councilman Bloom made a motion, seconded by Councilman Bowling to adopt Ordinance No. 90, 1976 as amended on second reading. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 90, 1976 BEING AN ORDINANCE AMENDING SECTION 2-39 D OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE AMOUNT OF THE CITY'S CONTRIBUTION TO THE POLICEMEN'S PENSION FUND BE IT ORDAINED BY THE COUNCIL bF �HEICIT� OF FORT COLLINS: Section 1. That Section 2-39 D of the Code of the City of Fort Collins be amended, and the same hereby is, to read as follows: "D. An amount equal to six percent (6%) of the total monthly salaries of members of the Police Department eligible to be members of the Policemen's Pension Fund, which amount the Director of Finance is hereby authorized and directed to pay from the general fund of the City of. Fort Collins into the Policemen's Pension Fund monthly." Section 2. The effective date of this ordinance shall be January 1, 1977 and the same shall apply to salaries accruing after that date. P Introduced, considered favorably on first reading, and ordered published this 23rd day of November, A.D. 1976, and to be presented for final passage on the 7th day of December, A.D. 1976. Mayor ATTEST: City Clerk Deputy Passed and adopted as amended on final reading this 7th day of December A.D. 1976. Mayor i o ATTEST: City Clerk First Reading: November 23, 1976 (Vote: Yeas: 6, Nays: 0) Second Reading: December 7, 1976 (Vote: Yeas: 6, Nays: 0) Dates Published: November 28, 1976 and December 12, 1976 Attest: r City Clerk Ordinance Adopted As Amended on Second Reading Relating to the Amount of the City's Contribution to the Firemen's Pension Fund Following is the City Manager's memorandum and recommendation on this item: v "This is the companion ordinance to Ordinance No. 90 and effects a similar increase for the Firemen's Pension Fund. For the same reasons as given under Ordinance No. 90, the effective date should be January 1, 1977. Recommendation: The Administration recommends the following: ' (1) Council amend the ordinance by titling the portion already adopted as Section 1 and by adding a Section 2 as follows: The effective date of this ordinance shall be January 1, 1977, and the same shall apply to salaries accruing after that date. (2) Adoption of the ordinance as amended." Councilman Suinn made a motion, seconded by Councilman Bowling to amend the ordinance per the recommendation. Yeas: Council - members Bloom, Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. Councilman Russell made a motion, seconded by Councilman Bloom to adopt Ordinance No. 91, 1976 as amended on second reading. Yeas: Councilmembers Bloom, Bowling,3ray, Reeves, Russell, S-uinn and Wilkinson. Nays: None. ORDINANCE NO. 91, 1976 BEING AN ORDINANCE AMENDING SECTION 2-33 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE AMOUNT OF THE CITY'S CONTRIBUTION TO THE FIREMEN'S PENSION FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 2-33 of the Code of the City of Fort Collins be amended, and the same hereby is, to read as follows: "§ 2-33 Contribution from general fund. The Director of Finance of the City o*,,Fort Collins, Colorado, is hereby authorized and directed to pay from the general fund of the City of Fort Collins into the Firemen's Pension Fund of the City of_'Fort Collins such sum monthly as shall equal six percent (6'/)rr;of the total monthly salaries of the Fire Department of the City of Fort Collins." 70 0 M Section 2. The effective date of this ordinance shall be January 1, 1977, and the same shall apply to salaries accruing after that date. Introduced, considered favorably on first reading, and ordered published this 23rd day of November, A.D. 1976, and to be presented for final passage on the 7th day of December, A.D. 1976. ATTEST: City Clerk Deputy Passed and adopted as amended on final reading this 7th day of December, A.D..1976. ATTEST: City Clerk First Reading: November 23, 1976 (Vote: Yeas: 6, Nays: 0) Second Reading: December 7, 1976 (Vote: Yeas: 7, Nays: 0) Dates Published: November 28, 1976 and December 12, 1976 Attest: ;ity Clerk 71 Ordinance Adopted on Second Reading Authorizing the Withdrawal and Repayment of Amounts Paid into the Fund by a Fire Fighter Who Terminates Service in the Department Following is the City *tanager's memorandum on this item: "At its November 23, 1976, meeting, the City Council adopted the aforementioned ordinance on first reading. At the present time a Fire Fighter who terminates service other than for retirement or disability is not eligible to obtain a refund of his past contributions to the Fund. This ordinance provides for the Fire Fighter to get such a refund of his past contributions without interest upon termination of employment. It further allows any such Fire Fighter to re-enter service in the Fire Department and pay back the amount previously refunded to him in order to allow him to be credited with his previous years of service for retire- ment purposes. This ordinance parallels an existing ordinance to the same effect for City Police personnel participating in the Policemen's Pension Fund." Councilman Suinn made a motion, seconded by Councilman Bloom'to adopt Ordinance No, 92, 1976 on second reading. Yeas: Council - members Bloom, Bowling, ;ray,_Reeves, P.ussell, Suinn and_Wilk_in_son. hiays: None. ORDINANCE NO. 92 , 1976 BEING AN ORDINANCE AMENDING SECTION 2-34 OF THE CODE OF THE CITY OF FORT COLLINS AUTHORIZING THE WITHDRAWAL AND REPAYMENT OF AMOUNTS PAID INTO THE FUND BY A FIREMAN WHO TERMINATES SERVICE IN THE DEPARTMENT WHEREAS, heretofore on May 14, 1970, the Firemen's Pension Board by motion adopted the rule that all contributions to the Firemen's Pension Fund after July 1, 1970, by members of the Fire Department are eligible to be withdrawn by any fireman to the extent of his contribution, upon termination of his services in the Department other than by retirement or disability; and WHEREAS, on June 4, 1975, pursuant to a decision of the Colorado Court of Appeals, which -held that no portion of the employee's contributions to pension funds upon termination is refundable, the Board voted to rescind its action of May 14, 1970, which allowed such refunds; and WHEREAS, the Supreme Court of Colorado has recently reversed the above decision of the Court of Appeals and held that refunds of firemen's pension contributions are legally permissible if such refunds are properly authorized; and 72 WHEREAS, the Firemen's Pension Board on November 3, 1976, adopted a resolution, subject to approval by the City Council of the City of Fort Collins, to authorize the withdrawal and repayment of amounts paid into the fund by any fireman.who terminates service in the Fire Department; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 2-34 of the Code of the City of Fort Collins be amended, and the same hereby is, to read as follows: "2-34. Contributions from Salaries; Refund of Contributions. A. The members of the Fire Department of the City of Fort Collins shall from their respective monthly salaries contribute into the Firemen's Pension Fund of the City of Fort Collins identical percentages monthly of their respective monthly salaries so that the contribution of the Fire Department as a whole shall match he contribution of the City of Fort Collins as provided for under 2-33 of this Article. In order to effect such contribution,. the Director of Finance is hereby authorized and directed to deduct the appropriate amounts, as are hereinabove described in this section, from the respective monthly salaries of the members of the Fort Collins Fire Department and to deposit the same in the Firemen's Pension Fund of the City of Fort Collins. B. Any member who leaves the service of the Fire Department of the City of Fort Collins prior to becoming eligible for a pension here- under for any reason other than such member's death or disability, shall receive, upon demand by such member, a refund of all funds that shall have been paid into such fund by that member, provided' that such demand be made within one year from date of termination of employment. Such refund shall not include accumulated interest on the member's contributions or any portion of the City's contribu- tions to the Firemen's Pension Fund. C. If any member has left the service of the Fire Department of the City and has received a refund of his contributions to the fund, and if thereafter such member reenters the service of the hire Department of the City, such member shall be entitled to pay back the amount refunded to him, together with interest thereon at the rate of three percent (3%) per annum from the date the refund was made. Such amount may be paid in a lump sum or in installments as the Board of Trustees of the Firemen's Pension Fund may determine. To the extent that such amount is paid back into the Firemen's Pension Fund, previous years of service shall be credited toward such member's eligibility for retirement. 73 Introduced, considered favorably on first reading, and ordered published this 23rd day of November , A.D. 1976, and to be presented for final passage on the 7th day.of December A.D. 1976. Mayor ATTEST: City Clerk Deputy Passed and adopted on final reading this 7th day of December A.D. 1976. ATTEST: City C erk--- :'first Reading: November 23, 1976 Second Reading: December 7, 1976 Dates Published: November 28, 1976 Attest: City Clerk 74 (Vote: Yeas: 6, Nays: 0) (Vote: Yeas: 7, Nays: 0) and December 12, 1976 Ordinance Adopted on Second Reading Rezoning Lots 173 and 174 in Southmoor Village Third Filing Following is the City Manager's memorandum on this item: "This ordinance changes the zoning on two lots in Southmoor Village Third Filing in order to make the zoning for these lots compatible with the adjoining area which was previously rezoned. This change has been approved by the Planning and Zoning Board and the Planning Staff." Councilman Bowling made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 93, 1976 on second reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. . ORDINANCE NO. 93 , 1976 BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That the zoning district map of the City of Fort Collins, Colorado, adopted by the zoning ordinance of the City of Fort Collins, is hereby amended by changing the zoning classification from R-P, Planned Residential District to R-L-M, Low Density Multiple Family District for the following described property in the City, to -wit: Lots 173 and 174, Southmoor Village Subdivision Third Filing, in the City of Fort Collins, Colorado. Introduced, considered favorably on first reading, and ordered published this 23rd day of November A.D. 1976 and to be presented for final passage on the 7th day of December A.D., 1976. yor ATTEST: City Clerk (Deputy) 75 'r Passed and adopted on final reading this 7th day of December, A.D. 1976. Rayolf ATTEST• City Clerk First Reading: November 23, 1976 (Vote: Yeas: 6, Nays: 0) Second Reading: December 7, 1976 (Vote: Yeas: 7, Nays: 0) Dates Published: November 28, 1976 and December 12, 1976 Attest: City Clerk Ordinance Adopted on First Reading Relating to Elections Following is the City Manager's memorandum on this item: "As part of the proceedings to gear up for the general City election, it is necessary to update some of our election ordinances: The enclosed ordinance will accomplish the following: 1. Raise compensation for election judges from $25 to $30 per day. 2. Change and correct polling places for some of the precincts in order to conform with the polling places established most recently by the County. 3. Adopt a new precinct map which conforms with County precincts and extends to the current city boundaries. The new precinct map adopted by this ordinance will be available at the Council meeting." f 76 i I i i City Attorney March stated for the record the new precinct map is available and is consistent with the County precinct boundaries and is an extension of the former map_ to fit the enlarged boundaries of the City since 1975. It was also established that the proposed increases in compensation for judges was anticipated in the 1977 budget. Councilwoman Reeves made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 94, 1976 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: Councilman Russell. Ordinance Adopted Amending Procedural Ordinance For General Improvement Districts Relating to Sale of Bonds Declaring an Emergency Following is the City Manager's memorandum on this item: "Further discussions between the City Attorney and William Lamm, the special bond counsel, dealing with the improvement districts for downtown have raised some question whether bonds of the, general improvement district can be sold through a negotiated sale. The Charter of the City permits sale of bonds on a negotiated basis, and it has been the intention of all parties working on this project that the general improvement district could also sell its bonds through a negotiated sale. The advantages of a negotiated sale were presented to the City Council acting as the board of the .... general improvement district at the last Council meeting. In order to eliminate any question as to this procedure, the attached ordinance has been prepared by the City Attorney and is presented for adoption as an emergency measure." Councilwoman Gray made a motion, seconded by Councilman Suinn to adopt Ordinance No. 95, 1976 as an emergency measure. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 95 , 1976 BEING AN ORDINANCE AMENDING SECTION 15-4 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE ISSUANCE OF BONDS IN LOCAL PUBLIC IMPROVEMENT DISTRICTS WHEREAS, heretofore by Ordinance No. 45, 1976, the City Council enacted Chapter 15 of the Code of the City of Fort Collins, Colorado; and 77 1. WHEREAS, such chapter was enacted to provide greater flexibility in the methods of creating local public improve- ment districts, constructing improvements therein and paying for such improvements; and WHEREAS, the Charter of the City of Fort Collins permits the sale of bonds either by bid or at private sale; and WHEREAS, in the opinion of the City Council it is necessary and desirable that bonds in a local improvement district organized pursuant to Chapter 15 of the Code of the City of Fort Collins be permitted to be sold either by bid or at private sale; and WHEREAS, it was the intention of the City Council in adopting Ordinance No. 45, 1976, that bonds of the district would be saleable either on bid or at private sale; and WHEREAS, a question of construction has arisen whether sale of bonds at private sale is permitted and the City Council desires to clarify its intent in enacting Chapter 15 of the Code of the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 15-4 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding thereto at the end thereof the following: "Any such bonds authorized by the Board of Directors may be sold on such terms and conditions as determined by the Board of Directors either by public bid or at private sale." Section 2. Inasmuch as it is necessary to market the bonds in General Improvement District No. 1, a district formed under the provisions of Chapter 15 of the Code of the City of Fort Collins, as soon as possible, in order that the district can undertake the construction of the project contemplated in the district, the City Council hereby finds and determines that the passage and adoption of this ordinance is for the immediate preservation of the public health, safety and welfare, and that the ordinance should be passed as an emergency ordinance and become effective upon its passage. M 4 Introduced and finally passed and adopted this 7th day of December, A.D. 1976. Date Published: December 12, 1976 (Vote: Yeas: 7, Nays: 0) Attest: r, City Clerk Resolution Adopted As Amended Initiating Annexing Proceedings for the Horsetooth-South Mesa Annexation Following is the City Manager's memorandum on this item: "At its November 23, 1976, meeting the Fort Collins City Council authorized the proceeding with the involuntary annexation of 89.2 acres of land located immediately west of College Avenue and north of Horsetooth Road. This land has been surrounded for more than three years on two-thirds of the contiguous property. Involuntary annexation is consistent with the City's overall policy in regard to annexation. Since this is not completely surrounded, we have to have an official public hearing prior to the passage of the annexation ordinance. The enclosed resolution establishes the public hearing at 5:30 p.m. on January 18, 1977. We will provide for the advertising and for the preparation of the necessary zoning ordinance for the City Council after the annexa- tion matter has been completed." City Attorney March advised the Council that there is an error in the description; starting in the fifth line after the words, "which bears N 89° 54' W", the following should be inserted "is contained within the boundary lines which begin at a point", striking the remainder of lines :five, six and seven. Also adding in the sixteenth line the letter "E" after the words "660 feet" and by adding in the 20th line a "2" at the end of the sentence. Councilman Bowling made a motion, seconded by Councilman Bloom to amend the resolution in the above particulars. Yeas: Council- 79 members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Councilwoman Gray made a motion, seconded by Councilman Russell to adopt the resolution as amended. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None RESOLUTION 76-78 OF THE COUNCIL OF THE CITY OF FORT COLLINS INITIATING ANNEXATION PROCEEDINGS FOR THE HORSETOOTH-SOUTH MESA ANNEXATION WHEREAS, heretofore a written petition together with four prints of an annexation map was filed with the City Clerk requesting the annexation of certain property more particularly described as situate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the South 112 of Section 26, Township 7 North, Range 69 West of the Sixth P.M., Larimer County, Colorado, which.considering the South. line of the SE 114 of said tirction 26 as bearing N 890 54' W and with all boring contained herein rela- tive thereto is contained within the boundary lines which begin at a point which bears N 890 54' W - 38620 feet from the SE corner of said SE 1/4, thence N 89 54' W, along said South line, 604.82 feet, thence N 000 05, W - 230.00 feet, thence N 890 54' W - 7g.13 feet, thence N 000 54' E - 106601 feet, thence, S 89 55' W - 1200.00 feet, thence S 00 54' W - 33S.66 feet, thence 89 54' W - 1801.791, to the SW corner of the SE 1/4 of Section 26, thence N 890 54' 34" W - 366.30 feet, thence N 000 06' 55" E 660.00 feet, thence S 890 54' 34" E - 366.30 feet, thence N 000 06' 55" E - 917.48 feet, thence S 890 49' 05" E - 1625.48 feet, thence S 010 12' 25" W - 21.23 feet thence N 88° 33' 38" E - 987.72 feet thence N 880 32' 01" E - 49.32 feet, thence S 00 19' W - 226.61 feet, thence N 890 54' W- 456.09 feet, ° thence S 00 05' E - 25g.00 feet, thence N.89. 54' W - 36.50 feet, thence S 00 05' E - 335.05 feet,.thence along the arc of a 15 foot radius curve to'the left a distance of 23.51 feet, the long chord of which o bears S 44 59' 30" E - 21.18 feet, thence N 89 54" W - 74.9S feet, thence S 000 05' E - 329.21 feet, thence S 840 42' E - 188667 feet, thence N 88 35' E - 41.02 feet thence N 63 41' 30" E - 176.28 feet thence N 48 25' 30" E - 157.56 feet, thence S 00 OS' E - 602.61 feet to the point of beginning, containing 89.1517 acres, more or less. 80 7 to the City of Fort Collins, Colorado; and . WHEREAS, the City Council desires to initiate annexation proceedings in accordance with law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: .Section 1. That the City Council hereby finds and determines that the annexation petition and accompanying map are in substantial compliance with Section 139-21-6, Colorado Revised Statutes, 1963, as amended. Section 2. That January 18, 1977, at the hour of 5:30 P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers of the City of Fort Collins is hereby set as the date, time and place where the City Council will hold a hearing to determine if the proposed annexation complies with the provisions of Sections 139-21-3 and 4, Colorado Revised Statutes, 1963, as amended, or such parts thereof as may be required. Passed and adopted at a Council held this 7th day of ATTEST: City Clerk regular meeting of the City December A.D., 1976. Al yor, Resolution Adopted Accepting Improvements in Consolidated Improvement District No. 70, Adopting the Report of the City Engineer Respecting the Cost of Improvements in Said District and the Schedule of Assessments, and Ordering Notices to be Published Following is a portion of the City Manager's memorandum on this item: "Consolidated Improvement District No. 70 consists of the construc- tion of water main, sewer main, and street improvements on Swallow Road. This District was established late in 1974, and initially, was going to be a 60-foot wide street, including sidewalk and 81 street lights, connecting the existing Swallow Road intersection at College Avenue with the existing Swallow Road in South Meadow- lark Heights. The Colorado and Southern Railroad Company would not allow the City to have a railroad crossing at this location based on the close proximity of the railroad intersection crossing at Drake Road. Also, there was a double track for sidetracking purposes at this location. It appeared unlikely that the City could get a reversal of this denial from the Public Utility Commission. Therefore, the City elected to terminate this roadway at the extension of Mason Street if and when it was constructed in the area. This reduced the design standards and overall cost of the project. ...The total construction cost is $59,129.53. When the City's participation is subtracted and the percentage added for engineering, legal, and administrative services, the total assessment cost is $59,311.10. The total assessment rate per frontage foot is $44.14 as compared to the original estimated assessment of $61.45. At this point, the City Council should accept the improvements in Consolidated Improvement District No. 70, adopt the report of the City Engineer respecting the costs and schedule of assessments, -- and order notices to be published by the City Clerk of the assess- ments to be made in the District." Councilman Bowling requested the administration report at the next Council meeting on further contact with the Colorado and Southern regarding the crossing at Drake Road. Councilman Bloom inquired if the administration was pursuing a revision for street lighting standards, and if the new standards would be included in this district. Director of Engineering Services, Roy A. Bingman stated the staff was working on the new standard but they would not be included in this district since it is already completed. Councilwoman Gray made a motion, seconded by Councilman Suinn to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. M9 RESOLUTION 76-79 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING THE IMPROVEMENTS IN CONSOLIDATED IMPROVEMENT DISTRICT NO. 70 ADOPTING THE REPORT OF THE CITY ENGINEER RESPECTING THE COST OF THE IMPROVEMENTS IN SAID DISTRICT AND THE SCHEDULE OF ASSESSMENTS AND ORDERING NOTICE TO BE PUBLISHED BY THE CITY CLERK OF -THE ASSESSMENTS TO BE MADE IN SAID DISTRICT, ALL IN ACCORDANCE WITH THE ORDINANCES OF THE CITY WHEREAS, the City Engineer has reported to the City Council that the improvements in Consolidated Improvement District No. 70 have been completed and has "recommended that the same be accepted, and WHEREAS, the City Engineer has prepared a statement showing the whole cost of the improvements in said District. and has further prepared an assessment roll, and WHEREAS, the City Council has reviewed such reports and desires to accept the same and advertise and give notice of assessment in accordance with the Ordinances of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that'the report of the City Engineer regarding the completion of the improvements in Consolidated Improvement District No. 70, be and the same hereby is accepted and the improvements in said district are hereby accepted_by the City Council, and BE IT FURTHER RESOLVED that the report of the City Engineer regarding the whole cost of the improvements and the assessment roll be and the same hereby are accepted and the City Clerk is directed to notify the owners of property to be assessed and all persons interested generally that such improvements have been completed and accepted. Such notice shall be made as required by the ordinances of the City. Passed and adopted at a regular meeting of the City Council held this 7th day of December, A.D. 1976. a ATTEST- I gay.r City Clerk 83 0 United States Civil Service Commission Intergovernment Personnel Agency Discretionary Grant Application Approved Following is the City Manager's memorandum and recommendation on this item: "Enclosed is an application for a $2,500 grant from the U.S. Civil Service Commission Intergovernment Personnel Agency. This grant would provide for the personnel inventory of human skills designed to improve opportunities for job enrichment and upward mobility of the City of Fort Collins' employees in salary ranges 1 through 12. The majority of the City's cost or match for these_ services of the Equal Employment Opportunity Officer and the Personnel Technician. I have discussed this with Rosita_Bachmann,Aff_irmative Action Officer, and Ann Sachs, Personnel Officer, who believe the intent of this grant is consistent with our overallin-service training program and career development program. The application has to be submitted by December 17, 1976. Recommendation: The Administration recommends that the City Council authorize the submission of the enclosed application for Federal assistance, and authorize the Mayor to sign the application on behalf of the City." Affirmative Action Officer, Rosita Bachmannresponded to individual Council questions regarding the proposed grant, the funding portions. It was established in the course of the discussion that this is a one year grant application, that the City's cash match is $250.00 and that this amount was not anticipated in the 1977 budget. Council members also requested a follow-up report on the progress of the accomplishments made under the grant. Councilwoman Gray made a motion, seconded by Councilwoman Reeves to authorize the submission of the application for Federal assistance and authorize the Mayor to sign the application on behalf of the City. Yeas: Councilmembers Gray, Reeves, Suinn and Wilkinson. Nays: Councilmen Bloom, Bowling and Russell. Replat of Lots 1-13, Block 5, Woodwest Subdivision, Fourth Filing, Approved Following is the City Manager's memorandum on this item: "This Replat consists of thirteen lots adjacent to the west side of the New Mercer Canal, south of MorsemanDrive on Rocky.Mountain Way and Rocky Mountain Court in Woodwest Subdivision. ,This technical replat is required to change the designation•of the 20 foot wide ditch access road from an access easement to•a separate + 84 E /�?' 2-26 lot deeded to the Ditch Company, and also approval for development. Although this adopted by the Planning and Zoning Board meeting, the actual deed transfering the the Ditch Company only took place in the to receive FHA matter was unanimously at its July 12, 1976, ground from Woodwest to last several weeks." Councilman Bloom expressed concern again regarding "covered ditches" and his feeling that the City should be pursuing this with new annexationsor subdivisionsto require the developersto install covers for ditches in residential areas. City Attorney March reported that the administration has on -going discussions with the ditch companies regarding this and allied problems. Councilman Bowling made a motion, seconded by Councilwoman Gray to approve the Replat of Lots 1-13, Block 5, Woodwest Subdivision, Fourth Filing conditioned upon the New Mercer Ditch Company signing the plat. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Purchase of Certain Property Upstream from the Present Poudre River Water Treatment Plant Authorized Following is the City Manager's memorandum and recommendation regarding this item: "Attached is a proposed agreement between the City and Maurice Deines providing for the sale of a tract of land in the Poudre Canyon. The City desires -,this land in order to protect the water supply to Water Treatment Plant No. 1. Initially, the City desired to acquire more land; but this land was also the subject to a proposed contract of purchase from another party. We have now reached an agreement that the other land will be sold to the third party but that a protective covenant will be placed on the other land limiting the use that can be made of it to one single-family residence on each of two designated tracts. The Water Department has indicated that this will be adequate to protect the City's interest and, therefore, the City is accomplishing its result by purchasing less land and expending a smaller amount. This parcel consists of 13.32 acres and will cost $16,000. Enclosed is a memo from Roger Krempel, our Water and Sewer Utilities Director, on this matter. Recommendation: The Administration recommends that the City Council accept this agreement and authorize the Mayor and City Clerk to sign on behalf of the City." Councilwoman Gray made a motion, seconded by Councilwoman Reeves to accept the agreement and authorize the Mayor and City Clerk to sign on behalf of the City, and that a protective covenant 0 85 be placed on the adjoining land limiting the use. Yeas: Council - members Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: Council- men Bloom and Russell. Agreement with Bill Metier Company as Golf Professional at Collindale Golf Course Approved Following is the City Manager's memorandum on this item: "Enclosed is a copy of the proposed agreement with the Bill Metier Company in regard to professional golf instruction services at Collindale Golf Course for the 1977 calendar year. The following are the only changes from the previous year's contract: 1. 5.4 (page 3) Under our golf cart agreement, we have authorized with the car company a senior citizens' rate of $3 per nine holes. By contract we must pay 50% or $1.50 to the company with the City retaining $1.50. By agreement the pro would receive 75 cents per cart for this category only, and not the $1 as per section 5.4. .. l 2. 12 (page 6) This would allow Bill Metier to have one PGA tournament at Collindale free of charge. In other words, no green fee would be charged to the pros for the use of f Collindale for one day (usually on Monday) in the tournament. Any cart rentals would be subject to the regular charge. We believe this is a necessary part of the contract so that other groups will know this is official. The terms of the contract have been reviewed by the professional and the Golf Board, and H.R. Phillips, our Parks and Recreation .. Director. All are in agreement with the terms and conditions of this contract. Mr. Metier is doing an excellent job at Collindale Golf Course." Councilman Russell requested the administration obtain a copy of Mr. Metier's "business records, which include every aspect of the golf course operation", as provided in section 6 on page 4 of the contract. City Manager Brunton stated he would obtain this record and have it available in his office for review. Councilman Bowling made a motion, seconded by Councilwoman Reeves to approve the renewal of the agreement between,,the City of Fort Collins and the Bill Metier Company and authorize,'the Mayor and City Clerk to sign the agreement on behalf of the City. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 86 Agreement with Thomas M. Peck to Act as Golf Professional and Golf Instructor at City Park Nine Golf Course for Calendar Year 1977 Approved Following is the City Manager's memorandum on this item: "Enclosed is a copy of the proposed agreement with Thomas M. Peck to act as golf professional at City Park Nine Golf Course. The terms and conditions of the contract are almost identical to those for the present 1976 calendar year. The one change is section 5.4 on page 3. Under our golf cart lease policy, we have authorized with the golf cart company a senior citizen rate of $3 for nine holes. By contract we must pay 50% or $1.50 to the company with the City retaining $1.50. By agreement the pro would receive 75 cents per cart rental for this category only, and not the current'$1. The Golf Board and our Parks and Recreation personnel have reviewed the contracts and believe it is fair and equitable to Mr. Peck and the City. Mr. Peck is doing an excellent job at the City Park Nine Golf Course." Councilman Bowling made a motion, seconded by Councilwoman Gray to approve the agreement with Thomas M. Peck and authorize the; Mayor and City Clerk to sign the agreement on behalf of the City. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Consider Various Deeds & Easements Following is the City Manager's memorandum on this item (1) Robert T. and Catherine S. Smith Easement for the construction, maintenance, servicing and operation of an underground Sewer Line South of Prospect East of Taft Hill. Consideration - $1.00 (2) Evelyn Minatta Easement for the installation, re -installation, servicing and maintenance of storm drainage facilities and lines over the property in the area of West Elizabeth near Overland Trail. Consideration - none Councilwoman Reeves made a motion, seconded by Councilman Bloom to accept the above deeds and easements. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: 0 None. 87 �I Report from City Manager (a) City Manager Brunton announced that the City has received word that the Water Quality Control Commission has granted the City a separate hearing on the stream classification. (b) The administration will sign a contract with Jack Curfman for work on the Fort Collins Museum. Mr. Curfman is a member of the Cultural Resources Board. The amount of the contract is $2,000 for the design of the display cabinets for the museum. i (c) The traffic signals have been installed at City Park Avenue 1 and Elizabeth Street. (d) The Pioneer Museum will be closed and will not be opened until it is in its new facilities at the old library. (e) The City will be displaying the first of the traveling museum displays on December 8, 1976 at the Western Federal Building on South College at 9:30 a.m. to exhibit antique toys and dolls. (f) The staff has worked with the school administration and has established a uniform schedule on tennis court use and _ maintenance for the 37 courts throughout the City. (g) The administration has received complaints regarding the traffic situation on Prospect Street. (h) Pat Polifka has been hired as the City's Coordinator for Capital Programs. (i) Governor Lamm is having a state-wide Energy Conservation Plan hearing in Denver on Thursday, December 16 from 1:30 p.m. _ to 7:30 p.m. (j) City Manager Brunton distributed copies of the tentative schedule for the proposed 1978 Budget calendar. (k) One hundred fifty three persons took the swine flu shots offered to the City employees. (1) The administration will institute a $5.00 service charge on all returned checks. (m) New officers in the Parks and Recreation Board are as follows: President, Bob Hunt; Vice President, Bob .Crockett; and Secretary, Donna Beard. „ i (n) The Parks and Recreation Department will be closing the Community Center and the Indoor Pool on Sunday evenings. 88 1 (o) The administration has received a letter from Mr. Howard Aldin on behalf of the Poudre Green Belt Association thanking the Council for purchasing the Pine Ridge property. (p) City Manager Brunton requested Council commence the Council meeting of December 21, 1976 at 4:30 p.m. due to the lengthy schedule. (q) City Manager Brunton reminded Council of the joint meeting with the Planning and Zoning Board to be held December 20,. 1976 at 7:00 p.m. Report from Citv Council on Committees (a) Councilman Bloom reported the CML Pension Review Committee on Police and Fire pensions had met on December 2 and redrafted the proposal and resubmitted it to the legal staff of the League for rewrite. The rewrite will be completed this week and be submitted next week to Policy Committee and the next day_ to the Board of the League. (b) Councilman Bowling announced the COG will meet on December.8 and reported on the proposed hearings to be held by the Water ." Quality Control Commission which will be held in the near future. (c) Councilwoman Gray reported the Labor Committee of the CML will be meeting on Thursday. (d) Councilwoman Reeves reported the Finance Committee of the Council has met and had decided that reports from the Finance Department would be made to the Council on a quarterly _ _ basis with the understanding that the staff would advise the Council as to any drastic changes or trends occurring between those quarterly periods. (e) Councilman Russell reported on the meeting of the Platte River Power Authority. Mayor Wilkinson then announced a recess to 7:15 p.m. Citizen Participation (a) Ms. Patricia Peacock, Community School Coordinator at Laurel and Riffenburg Schools spoke on behalf of the Community Education Program, representing Juan Fullana, Laurel and Riffenburg Schools and invited the Council to attend the first annual dedication of Children's Tree on Saturday, December 11 at 4:30 p.m. 0 89 (b) Ms. Christine Case, Community School Coordinator at Juan Fullana School expressed her thanks to all who attended the Mexican Dance Program and reported further that the program was a success. (c) Ms. Val Ogden from Community Education reported that the Information Referral Service now has a new name, called CAIR, which stands for Coordinating Agencies Information Referral. (d) Andy Anderson, 1421 Skyline Drive, inquired if the Council would continue to fund Care -A -Van since he understood that they were not properly licensed under the P.U.C. Mayor Wilkinson stated that Council would continue funding. (e) Stan Case, Director of Utilities, stated that earlier in the fall a ground breaking ceremony had been held for the PRPA and two shovels had been left over. The site development is almost finished and therefore he wanted to present the two remaining shovels to Mayor Wilkinson and Councilman Russell. (f) Claude Franz, Executive Director of DT2,stated the organi- zation had been working for the past six months to try and put together a Town Hall meeting. This has been scheduled for - January 29, 1977 at 9:00 a.m. to be held at Blevins Junior High School. (g) Mayor Wilkinson then introduced Fireman Steve Oliver and read into the record an official citation. and commendation to Fireman Oliver for saving a life. Mayor Wilkinson then read the inscription on the plaque presented to Fireman Oliver as follows: "Commendation to Firefighter Steve Oliver of the Fort Collins Fire Department who on November 23, 1976 risked his life, above and beyond the call of duty so that a young boy's life could be saved." Appeal from Excell-Art Advertising Corporation of Decision of Zoning Board of Appeals Upheld Following is the City Manager's memorandum on this item "At its November 23, 1976, meeting the City Council established a hearing on the appeal of the Excell-Art Advertising Corporation for 5:30 p.m. on Tuesday, December 7, 1976. In"`the future, we will publish the legal notice about the hearing and -place it on the agenda without coming to the Council as an intermediate step. At its November 9th, 1976, meeting the Zoning Board of:'Appeals by a 2-3 vote denied approval of the variance requesting two signs for Scavo Realty rather than the one allowed under the 90 ordinance and to allow internal illumination rather than indirect illumination under the ordinance." City Attorney March stated the minutes'of the Zoning Board of Appeals regarding this item are in the agenda, the pertinent part of the ordinance relates to signs in the R-H, M-L and M-M districts; one provision of that is as follows: "One (1) identification sign per principal use, other than a residential use, provided such sign does not exceed sixty (60) square feet in an area per face and has indirect illumination." It is this "indirect illumination" that is the subject of the appeal. Further, the City Attorney stated the appeal in question was a request for a modification of the zoning ordinance to allow internal illumination rather than indirect illumination required. Mr. Fred Franz presented a series of three photographs of internally lighted displays and three photographs of indirectly illuminated displays. The applicants again requested internal illumination for one sign, because they claim it would reduce the probability of a traffic hazard. City Attorney March stated that the presentation just made related more to the wisdom of the ordinance as it is on the books, rather than the hardship as required. Zoning Board of Appeals member John Reid spoke to Board action relating to this appeal. Mr. John Clarke also a member of the Zoning Board of Appeals presented the minority position of the Board. Councilwoman Cray made a motion, seconded by Councilman Suinn that the Council uphold the decision of the Zoning Board of Appeals and deny the variance. Yeas: Councilmembers Bloom, Cray, Reeves and Suinn. Nays: Councilmembers Bowling, Russell and Wilkinson. City Manager Brunton stated the administration would have the staff report on the indirect verses internal.lighting no later,...,_.._.. than January, 1977. Report on Construction Manager For Citv Hall Facilities Following is the City Manager's memorandum and recommendation on this item: 91 0 �q "On Friday, November 26, 1976, the City received proposals for the construction manager position for the City Hall construction. This work consisted of adding a new building and remodeling the present City Hall facilities. The estimated construction costs of the new construction is $1,200,000 with the estimated construc- tion budget for the remodeling site development work and demolition being $290,000. Bids were received from (1) Howard DeLozier Construction Company, Inc., (2) Petry CM, and (3) G. E. Johnson Construction Co., Inc. The bid notice was advertised once in the Triangle Review. Also, many of the eligible contractors on our bidding list were individually notified of the proposed project. Unfortunately, due to an unintentional oversight the Reid Burton Construction Company was never sent a copy of the bid notice. I have been informed by our Purchasing Department that a copy of the bid notice was sent to Livingston Construction Company, but they unfortunately did not receive it. The City is in an unfortunate position on this matter. We have met the legal requirements for notification of a bid letting although it is minimal. We normally have a dual system of notification. Unfortunately, two of our local contractors did not know about the bid proposal and the bid opening date. Under normal circumstances, our next step would be to interview the top bidders for this project. In this case it would be all _ three that submitted bids. Before proceeding to this step we would like clarification from the City Council. If the City Council feels that we should at least make the bidding opportunity available to our local contractors, it would be a waste of the present bidders' and staff's time to proceed with the interviewing. There appears to be only two courses of action; namely, (1) to proceed with the present bidding list and make a final selection, and (2) to reject all bids and rebid the entire program. There are pros and cons involved either way. If we proceed with the present bid proposals, at least two local contractors will feel thay they have not had a justified opportunity to submit a bid. If we reject all bids and proceed withthe bidding again, the three construction companies that did bid will feel unhappy and possibly not even submit a proposal. Recommendation: The Administration recommends that the City Council discuss this matter and then give;the Administration instructions on how they wish us to proceed Mayor Wilkinson suggested that all bids be rejected and that the entire project be rebid and advertised in the°trade publica- tion specifically the Daily Journal. Andy Anderson, 1421 Skyline Drive, spoke in opposition to rebidding. Mr. Ken Livingston, President of Livingston Construction and Mr. John Baskett of Reid Burton Company stated that they had not 92 had an.opportunity to bid and that the media for the construction industry is the Daily Journal. Mr. Baskett stated the administra- tion could put together different specifications by adding or deleting to the responsibilities of construction manager. City Attorney March stated this is possible. Councilman Bowling made a motion, seconded by Councilman Bloom to reject all bids and rebid the entire project. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Architect, Bill Robb, stated that in this bid the administration is looking for selecting a general contractor to get in the process early. Pre -Application for Federal Assistance at Fort Collins -Loveland Airport Approved Following is a portion of the City_Manager's memorandum on this item: "Enclosed is a draft of the pre -application for certain improves-, ments at the Fort Collins -Loveland Airport. These improvements, include the following: 1. Construct aircraft parking apron. 2. Construct and light new parallel taxiway. '. 3. Place leveling course and skid resistant rubberized seal on runway 15/33. 4. Place leveling course on existing connecting taxiway. The estimated total cost of this work is 82,274,300, The local'` share of the cost would be 10%, or $227,430. In all probability this work will be done over the next three fiscal years at least. We will be obtaining more information on this project prior to our Council meeting." City Manager Brunton stated the pre -application and all letters have to be signed by the mayors of the two cities. Councilman Bowling stated he wished it understood that in approving the pre -application that Council is not making moral committment to Kosta (Airport Manager) or the Airport Board or anyone to "vote funds that have not been set in the priority program." Councilwoman Gray made a motion, seconded by Councilman Wilkinson to approve the submission of the pre -application and authorize the Mayor to sign the application and various letters on behalf of the City. Yeas: Councilmembers Bowling, Gray, Reeves and Wilkinson. Nays: Councilman Suinn. (Councilmen Bloom and Russell out of room.) 93 Adjournment Mayor Wilkinson declared the meeting adjourned to 4:30 p.m. on December 21, 1976. ATTEST: City Clerk Mayor 94 4