HomeMy WebLinkAboutMINUTES-12/16/1975-RegularIDecember 16, 197S
COUNCIL OF CITY OF FORT COLLINS, COLORADO
Council - Manager Form of Government
Regular Meeting - 5:30 P.M.
A regular meeting of the Council of the City of Fort Collins was held on
Tuesday, December 16, 1975, at 5:30 P.M. in the Council Chambers in the
City of Fort Collins City Hall. Mayor Russell called the meeting to order
noting the following Councilmembers present: Bloom, Gray, Reeves, Russell,
Suinn and Wilkinson.
Note: Councilman Bowling arrived later in the meeting.
Staff Members Present: Brunton, DiTullio, Bingman, Kaplan, Deibel, Smith,
Krempel, Cain and Lewis.
Also: City Attorney Arthur E. March, Jr.
Minutes of Adjourned Meeting of December 9, 1975
Tabled to Regular Meeting of January 6, 1976
Mayor Russell announced that copies of the minutes had just been recieved by
Councilmembers.
Councilman Suinn made a motion, seconded by Councilwoman Reeves to table _approval
of the minutes of the adjourned meeting of December 9, 197S to the January 6, 1976
meeting. Yeas: Councilmembers Bloom, Gray, Reeves, Russell, Suinn and Wilkinson.
Nays: None.
Adoption of Ordinance Appropriating Funds From Surplus On
Hand for Expenditures During 1975 and Declaring An Emergency
City Manager Brunton read the following memorandum at length into the record:
41 41S
Both the aforemen:ioned ordinance and resolution are part of the same process.
The purpose of these tco legal documents is to assure adequate appropriation
capacity in all finds and that the various accounts in the funds (especially
the General Fund) are adjusted so that the expenditures do not exceed the
authorization. Logal action is required before the end of the 1975 fiscal year.
A few accounts wi:hin .1 fund may have to be adjusted at final financial closing,
but we should have ample appropriation capacity. In fact, when all invoices are
received and all .eccounts are closed, we should have surplus in the General Fund.
However, for protection purposes, we need additional appropriation authorization.
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Most of the 'overruns":were anticipated and projected in the revised estimates
at budget time in the summer of 1975. Ilowever, at that time none of the
$190,500 budgeted for the bicycle path program was estimated as expenditures.
We are still waiting for finalization of the Shields Street oversize sidewalk
(planned for bicy,:le traffic) and the bikeway improvements through the Brown
Farm and Willow Line subdivisions between Taft Hill Road and Overland Trail.
Part of this amount will not be spent and another part will be charged to the
Assessment Fund. However, for final estimating purposes, the entire amount was
used. Other items of expenditure that could not be forecasted include the
increase in the insurance premium, the extra rental on City court facilities, etc.
There is always the potential of increase in the uncontrollable items such as
price increases, increases in utility rates, overtime for emergencies, etc.
Listed below are some specific justifications for over -expenditures in various
funds and accounts:
ACCOUNT AMOUNT JUSTIFICATION
GENERAL FUND
City Council $ 5,200 Additional travel expense.
G.A.S. Administration 1,000 Increase in telephone and general administra-
tive costs.
Land Acquisition 3,000 Cost of equipment, utilities, and maintenance
for Avery House.
Public Information 2,000 When budget was established in 1975, nothing
was budgeted for operation except salaries.
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416 11
ACCOUNT AMOUNT JUSTIFICATION
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Insurance $ 95,000 Increase in insurance rates; nothing budgeted
for fringe benefits with salary increases.
Engineering 2,000 Capital costs for moving facilities to base-
ment and garage.
Traffic Engineering 9,000 Increase in utility rates for street lighting
and traffic signals.
Parks S Rec. Admin. I 3,000 General expenses and utility costs in con-
nection with moving to new offices.
Grandview Cemetery 3,000 Increasedcost in connection with new house
construction, sewer line, driveway, etc.
Roselawn Cemetery 1,000 Increase in maintenance and improvement expense.
Police I 22,000 Increase in cost of service from Humane Society,
equipment rental, and telephone.
Municipal Court 2,000 Increase in rental of facilities. .
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Indoor Swimming Fool i 17,000 Increase in chemical and utility costs.
WATER FUND
Transmission 10,000 New meter maintenance program.
Transfers 20,000 Additional costs in first year of water bond
issue refunding to provide for remedial work
on street and curb cuts.
SEWER FUND
Trunk 10,000 To provide for remedial work on street and
curb cuts.
Treatment 10,000 Increase in chemical costs.
Administration 10,000 Increase in insurance costs.
it 417
LIGHT 6 POWER FUND
Production 210,000 Increased cost of purchased power.
Trans. 6 Dist. 80,000 Additional standby costs and additional work
on underground system_
All funds are solvent and in a good financial position. We will have additional
financial information available in January, 1976, and the annual audit will be
ready before March 31,,1976.
In the next several years our entire financial process (including forecasts and
projections) should be improved due to many factors including the following:
1. Greater reliance of financial management by the individual department head.
2. The increase in personnel in the Management Information Division with a
committment to have all of the general financial program on the computer by
summer, 1976.
3. The authorization (1)f a new .Budget Analyst.
4. A new budget proce{iure.
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Councilman Bloom made a motion, seconded by Councilman Wilkinson to adopt
Ordinance No. 86, 1975 on first and final reading. Yeas: Councilmembers
Bloom, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
ORDINANCE NO. 86, 1975
LEING AN ORDINANCE APPROPRIATING FUNDS
FROM SURPLUS ON HAND FOR EXPENDITURES
DURING THE YEAR 1975 AND DECLARING AN EMERGENCY
WHEREAS, because of unforeseen costa and increased expenses it is
necessary to appropriate: additional funds for expenditure during the year 1975;
and
WHEREAS, the City has on hand sufficient unappropriated surplus funds
to meet such increased expenses,
COLLINS:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
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Section 1. That the sum of $41,000 is hereby appropriated from
surplus general funds now on hand for expenditures
during the year 1975 in the General Fund of the City
as follows:
Police $22,000
Municipal Court 2,000
Indoor Pool 17,000
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Section 2. It is necessary that the funds herein appropriated
be expended by the City during the year 1975 and no
further regular meetings of the council will be held in
1975. Therefore, an emergency exists for the actual
preservation of the public peace, health, safety, or
property in the City and this ordinance is adopted
as an emergency ordinance and shall take effect upon
passage.
Introduced, considered and finally passed by the affirmative vote
of _�&_ members of the City Council held this 16th day of December, 1975.
Attest:
City Clerk
First and Final Reading: December 16, 1975
Date Published: December 21, 1975
Atest:.
n
City Cler
VIA
(Vote: Yeas: 6, Nays: 0)
Resolution Adopted Transferring Funds Between Appropriations
Councilwoman Gray made a motion, seconded by Councilman Bloom to adopt the
resolution. Yeas: Councilmembers Bloom, Gray, Reeves, Russell, Suinn and
Wilkinson. Nays: None. 419
RESOLUTION 75-77
OF THE COUNCIL OF THE CITY OF FORT COLLINS
TRINSFERRING FUNDS BETWEEN APPROPRIATIONS
WHEREAS, The Director of Finance has recommended the transfer of funds
between appropriations pursuant to Section 15, Article V of the City Charter as
follows:
General Fund Transfers
Transfer from the following accounts:
Building and Grounds
$ 10,000
Human Resources
10,000
City Clerk
8,000
Health
3,000
Planning
5,000
Building Inspection
5,000
Streets
38,000
.Recreation
13,000
Senior Citizens
3,000
Library
10,000
Culture Resources
6,200
Contingencies
13,000
124 200
to the following accounts:
Council
$ 5,200
General Administrative Services
Administration
1,000
Land Acquisition
3,000'
Public Information
2,000
Insurance
95,000
Engineering
2,000
Traffic Engineering
9,000
Parks And Recreation
Administration
3,000
Grandview Cemetery
3,000
Roselawn Cemetery
1,000
124 200
420 11
Water Fund
Transfer from the following accounts:
Capital 3$ 0.000
to the following accounts:
Transmission $ 10,000
Transfers 20,000
30,000
Sewer Fund
Transfer from the following accounts:
Capital 30,000
to the following accounts:
Trunk $ 10,000
Treatment 10,000
Administration 10,000
30,000
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Light and Power Fund
Transfer from the following accounts:
Capital $290,000
to the following accounts:
Production $210,000
Transmission And Distribution 80,000
$290,000
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the transfers set forth above are approved and the Director of
Finance is authorized to make such transfers.
Passed and adopted at a regular meeting of the City Council held on
December 16, 1975.
Attest:
City Clerk
121
Ordinance Adopted on First Readies Amending the Fire Code I
This ordinance was recommended by Fire Marshal Don Hisam which would make
three amendments to the existing Fire Code primarily pertaining to the storage
of explosive and blasting agents, flammable liquids, and liquid petroleum
gas. Assistant Chief Hisam and City Attorney March explained the provisions.
Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adopt
Ordinance No. 88, 197S on first reading. Yeas: Councilmembers Bloom, Gray,
Reeves, Russell, Suinn and Wilkinson. Nays: None.
Improvement to Part of Lemay Avenue Authorized
Following is the memorandum from the City Manager on this item:
The City of Fort Collins is proceding with the improvement to Lemay Avenue.
Lemay Avenue from Riverside to Dartmouth is part of Special Assessment
District No. 69. This portion of the project will be completed by the middle
of 1976. We have agreements with Woodward Governor to improve the street on the
east and south side of their property. We also have an agreement with Everitt
Enterprises to improve their portion of the street by Parkwood Lake. We would,
therefore, be proposing that the work on this portion of Lemay be completed
as a regular construction project with cash payment from the abutting property
owners. Also, we have to work out some arrangement with the owners of the
property directly north of the Woodward Governor property.
Bartran Builders have already improved Lemay Avenue north from Horsetooth Road
to the north end of their property. The rest of the property on the west side
of Lemay is owned by Everitt Enterprises and H.C.I. The property on the east
side is owned by Everitt Enterprises and a large portion by a Mr. Vance whose
property is outside the City Limits. It has been requested that the property
on Lemay in this area that is in the City Limits be part of a special assess-
ment district. At the same time, we could possibly include as part of this
district the property on the north side of the H.C.I. tract.
Director of Engineering Services, Roy A. Bingman, stated that there are two
sections of Lemay Avenue under consideration; (1) from Dartmouth to Drake
where there would not be an improvement district, but where the improvements
would be constructed by agreement with the property owners. Primarily Woodward
Governor and Everitt Enterprises are on the Parkwood side and a smaller owner
is north of Woodward Governor. This is also a section that is being submitted
to the Highway Department under the Urban Systems fund; (2) south of Drake on
the west side, for three quarters of a mile, the administration is recommending
that an improvement district be formed in this area, primarily because there
are two property owners involved; portions are being developed and it is felt
that it is in the best interests of the City to have this to complete the full
improvement of Lemay from Horsetooth to the north end of Riverside.
422
Roy Bingman stated further
an improvement district in
that this is unusual
response to a request
in that the City is
from the developer.
proposing
This is
in the best interest of both, however, it would
be wise not to set a
precedent
that improvement districts
be used by developers
to get improvements
done,
using the bonding capacity
of the City.
Councilmembers expressed concerns regarding bike paths in this area. Director
of Engineering Services Roy A. Bingman stated the width of the street allowed
for bike lanes at the edges until the intersections were reached where there
would be left turn lanes; at those points, detailed designs for getting the
bikes onto a bikeway at the intersection will have to be implemented.
Councilman Bowling arrived at the Council meeting at this time.
The recommendation is as follows:
Recommendation: The City Administration recommends that (1) the City adminis-
tration proceed with the design and construction of Lemay Avenue from Dartmouth
south to Drake as a normal construction project with cash payment from the
abutting property owners, and (2) the City Council authorize the administration
to proceed with the establishment of a special district on Lemay Avenue from the
north line of Bartran Builders property to Drake Road and possibly on Drake
Road west of Lemay.
Councilwoman Gray made a motion, seconded by Councilman Wilkinson to approve
the recommendation. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell,
Suinn and Wilkinson. Nays: None.
Three-M Subdivision Approved
The Three-M Subdivision is a routine subdivision dividing two lots on .39 acre
located on the northwest corner of Orchard Place and Rocky Road.
Councilwoman Gray made a motion, seconded by Councilman Wilkinson to approve the
Three-M Subdivision. Yeas: Councilmembers Bloom, Bowling„ Gray, Reeves, Russell,
Suinn and Wilkinson. Nays: None.
Cedarwood Subdivision Second Filing, Approved Conditionally
The Cedarwood Subdivision, second filing, consists of 3.7 acres of R-L, low
density residential, land located north of West Prospect Street between Taft Hill
Road and Overland Trail.
The preliminary plat from the 67 single-family house subdivision was approved
by the Planning and Zoning Board in the spring of 1975. The City Council
approved the final plat of the first filing along with the preliminary plat
for the whole subdivision on June 11, 1975. In connection with the development
of this phase, the 200-foot Lake Street connection will be constructed.
8 423
Both the Planning and Zoning Board and the Planning staff recommend approval.
Councilman Suinn stated he wanted to reestablish his concern of the independence
of decisions between the City and the schools; with knowledge again, that this
is another circumstance where neither side is able to do anything about the
overcrowding of the schools.
Councilwoman Gray inquired into the date of construction for Lake Street.
City Attorney March stated the subdivision contract requires the developer to
put in improvements. An agreement with Mr. Miller has been presented which did
provide that he construct the street; it was his recommendation that this
provision include the September 1, 1976 deadline for the street improvement.
Councilman Bloom made a motion, seconded by Councilman Bowling to approve the
Cedarwood Subdivision, Second Filing subject to the utility agreement. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays:
None.
Preliminary Plan of Spring Court Subdivision,
Lot 1 PUD, Approved
This subdivision is part of a 1.3 acres zoned H-B, highway business district,
located on the southwest corner of South College Avenue and Stuart Street.
This plat was formerly discussed by the City Council with the understanding
that the owner would dedicate the necessary right-of-way for street purposes
if and when they are needed. The developer made various changes in the layout
of this project to conform with the recommendations of the City staff.
The Planning and Zoning Board voted to recommend approval of the.preliminary
plan conditioned upon the revisions recommended by staff.
Councilman Bloom made a motion, seconded by Councilman Wilkinson to approve the
Preliminary Plan of Spring Court Subdivision, Lot 1 PUD. Yeas: Councilmembers
Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Resolution Adopted Adopting the Affirmative
Action Plan for the City of Port Collins
Councilman Bloom inquired into collection of analysis of data and the computation
of general work force statistics.
Equal Employment opportunity Officer Rosita Bachman responded that the department
planned to use every available resource to obtain the data, recognizing it will
be a difficult task.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves to adopt the
resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn
and Wilkinson. Nays: None.
424 is
RESOLUTION 75-78
OF .HE COUNCIL OF THE CITY OF FORT COLLLINS
APPROVING AN AFFIRMATIVE ACTION PLAN FOR
THE CITY OF FORT COLLINS
WHEREAS, heretofore.the Council directed the City Administra-
tion to prepare as Affirmative Action Plan for the City of Fort
Collins; and
WHEREAS, the Administration has prepared such plan and
has presented it to the City Council; and
WHEREAS, the Council has considered the proposed plan and
in the opinion of the Council it is in the best interests of
the City of Dort Collins that said plan be adopted.
NOW, THI-REFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF FORT COLL:.NS that the Affirmative Action Plan prepared by
the City Administration and presented to the City Council be,
and the same hereby is, accepted and adopted.
Passed ,md adopted at a regular 'meeting of the City Council
held this 161:h day of December, A.D. 1975.
ATTEST: Mkyor
ty _ C er
Right of Way Agreement with Dale M. and Helen Smith Approved
The right of way agreement from Dale M. and Helen Smith is to cover the installation
of a water main on the west side of South College Avenue adjacent to German Car
Sales.
The consideration for this right of way agreement is $1.00. The agreement specifies
payment of an easement fee of $2.00 per lineal foot for the crossing. Total pay-
ment is $401.00
Councilman Bowling made a motion, seconded by Councilman Bloom to accept the right
of way agreement with Dale M. and Helen Smith. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
42S
0tho_Bus.iness
1. City Attorney March advised the Council that the state had changed the taw
in 1974 to a slight extent and made more clear the legislature's intent
that Electricians Licensing be a matter regulated by the state and not by
local government. The City of Fort Collins and many other cities have
taken the position that this is a matter that is local as well, therefore,
the cities have tended to ignore to varying degrees the state's require-
ments. The law now states that the city cannot license electricians;
they may be registered but not licensed.
The Attorney General, on behalf of the State Electrical Board has brought
suit against the City of Glendale, which is a home rule city, and brought
it as a class action thereby naming every other home rule city by reference
in the law suit so that they would all be bound by the result of that case.
The City has received notice of that suit filed on us, in which the City
has until December 31st to ask the court to intervene. There is no unanimity
of feeling about this matter among the cities.
City Attorney March requested that Council consider the matter and if they
wish to pursue it, he would need authority to enter an appearance on the
City's behalf.
Councilman Bloom made a motion, seconded by Councilman Wilkinson to authorize
the City Attorney to enter into the law suit defending the home rule.
Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell,.Suinn and
Wilkinson. Nays: None.
2. Mayor Russell invited Charlie Cain, Director of Finance, to join the
Council for dinner.
3. LaVonne Hoffman, Deputy City Clerk, extended an invitation to the Council
to the Christmas Buffet on December 24, 1975 in the Finance and City Clerk's
office.
Presentation of Safe Driving Award to Officers
James Munn and Arthur L. Lewis
Mayor Russell presented a plaque to Officer James Munn from the Police Department
in recognitiion for 50,000 accident free miles driven in a marked police unit.
Mayor Russell also presented the following commendation to Officer Arthur L. Lewis.
426 11
FORT COLLINS POLICE DEPARTMENT
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OFF'ICIAL COMMENDATION
TO: ARTHUR L. UWIS
Date nFCFMA R 16. 1975
FROM: —RAIPH L._SMLTH_UiFF OF POI TCF
I wish to commend Officer ._ ARTH iR I FWiS '
who to presently as signed ;to the - PATROL Division
for the following:
Outs, anding Police Action �•,. Act Beyond the Call of Duty
Unus ial Br ,ve '
i i9 �i: Unusual Attention to Duty
Citis 3n Pra se or Compliment �. OtherMeritorious Act
WHEREAS it is realilced that the great bulk of police'_work is done routinely by good police-
men, let it be knomn that'the above -named officer displayed initiative and alertness decidedly in
excess of the norm in this particular instance
Fact situation: THIS COMMENDATION IS BEING AWARD D TO You IN gFCOG—
_NITION OF YOUR HAVING DRIVEN A PATRON VEHIC r 25,000 MILES ,r l'
AN ACCIDENT.
-- THE DUTIESAF A PATROL,OFFICER ARE VARIED AND, THUS
HIS DRIVING MUST BE JUST AS VARIED' PATROLLING ALLEYS, MAKING
VEHICLE STOPS, AND DRIVING IN'HEAVY CITY TRAFFIC ARE FAR FROM
IDEAL SITUATIONS AND YOU ARE TO BE COMMENDED FOR THIS ACCOMPLISH-
MENT.
THANK YOLI FOR A 'lOB VIEII DON
427 Chief of Police
A-$
Appreciation to American Association of University Women
Mrs. Marvin Criswell presented five trees to the City which have already been
planted near the Linden Tech Center.
Mayor Russell thanked Mrs. Criswell on behalf of the City for the presentation.
Rezoning the 1008 East Elizabeth Street
Property.Referred Back to Staff
Paul Deibel of the Planning Office described the requested change to the Council
and showed slides of the area. The Planning Staff recommendation is for denial
with the reasons listed below:
1. There is at present a distinct transition from R-H professional office
uses to R-L single family uses on E. Elizabeth Street and hence a strong
rationale for the zoning district lines to be located where they are at
present. The single family residential uses at 1008 E. Elizabeth is
identical from a planning standpoint to the other single family resi-
dential uses in the north side of Elizabeth directly west. hence, if
1008 is rezoned, it will set a clear precident for additional rezonings
to R-H of these lots. Gradual encroachment of non-residential uses
would tend to undermine the stability of this established neighborhood.
2. There are at present significant undeveloped areas zoned for office and
business uses in the E. Elizabeth-Lemay vicinity.
3. If any zoning change is to occur in the area it should be part of the
comprehensive planning effort. The nature and surroundings of the
Elizabeth-Lemay vicinity have changed significantly since it was originally
zoned in 1965. The staff feels and has expressed in the past the opinion
that the heavy commercial and general industrial zoning pattern in the
area no longer reflects the "highest and best" uses for the area. However,
the staff feels that any new zoning pattern for the vicinity should be an
outcome of the City's presently ongoing comprehensive planning effort
rather than the result of case -by -case rezonings.
Mr. Don Hyder, petitioner, spoke to the Council stating the reasons in detail for
this petition for rezoning. Council discussed at length the general zoning for
this area and the uses made of the properties.
Councilman Bowling made a motion, seconded by Councilman Suinn to refer this
matter back to staff with a report back to Council within 90 days. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson.
Nays: None. 11
428
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Consider Report on Appeals Procedure from Zoning
Board of Appeals and Other Administrative Boards
Mr. Brunton, City Manager spoke briefly to the responsibility of the Board.
W. March spoke to the following memo prepared by his office and questions
from the Council.
As regt.esteo, I have prepared an ordinance which would
effect an at.tomatic stay of orders of the Zoning Board of Appeals
for a perioc of ten days and specifically allow the City Council
to determine: on its own motion to consider the action of the
Zoning Boarc. of Appeals. This ordinance is attached. The
Council further requested my comments regarding this procedure
and regarding the possibility of a similar procedure for other
boards having authority to act subject only to the right of
appeal to the Council.
After considering the various questions this ordinance
raises, it is my recommendation that the ordinance not be passed
and that the procedure be left as it has been in the past. As
an alternative I feel that a different ordinance which would
not call for any stay but would specifically recognize the right
of the Council to determine to consider action of the Board of
Appeals would not be subject to all the objections of the other
ordinance and the Council might want to consider that possibility.
I have prepared an ordinance which would accomplish this.
The objections to the ordinance would appear to be the
following:
1. Unjustified Delays. The proposed ordinance would
extend by ten days the time required to be able to obtain a
variance and act in reliance on the variance. Although this
might not seem at first blush to be significant, in many
cases I feel that it would be very significant. The
Zoning Board of P.ppeals was formed recognizing that severe
hardships may occur through the strict enforcement of the zoning
code because of the peculiar conditions that may apply to a
particular piece of property. Quite often the variances
requested are insignificant and the requirements of the ordi-
nance being varied may have been overlooked by both City
Administration and the property owner and his representatives
429
in planning for construction of buildings or other use of
property. Quite often special meetings of the Zoning Board
of Appeals are held in order to obtain action as fast as
possible after giving notice to all parties entitled to notice.
There have been many cases in the past when severe damage would
have been done to the property owner if an additional ten-day
delay had been required. Such damages might involve failure
to meet contract commitments, loss of loan commitments, and
the like.
2. The idea behind the ordinance is that the City
staff would have the minutes of the board meeting to the Council
within the ten-day period. At current levels of staffing and
with the other responsibilities of the City Clerk's office,
it appears to be,very questionable whether the minutes would
be available within this time frame on all occasions.
3. Necessity of Ordinance. I believe a good question
can be raised as to whether this ordinance is really necessary
or would accomplish anything which would justify the dis-
advantages of the ordinance. Presumably the property owners
in the area are most affected by the decisions of the Zoning
Board of Appeals and these property owners are given notice
prior to the hearing of the Zoning Board of Appeals of the
proposed action. They have the opportunity to appear at the
hearing or to submit their comments if they are against the
proposal. They also have the right to file an appeal and in
fact, appeals have been filed in the past when either side of
a proposal felt strongly about the action of the Zoning Board
of Appeals. I feel that strong argument can be made that if
the parties actually involved do not care enough about the
action to request an appeal, the City Council should not step
in on its own and reconsider the action of the board. I feel
fairly strongly that the proposed ordinance would be considered
by people in the effected industry as being one more example
of government red tape and unnecessary delays. I am also
afraid that this ordinance would indicate a lack of trust
of the Council in its appointed board members, and I question
whether the previous actions of the board would justify this.
An alternative approach, if the Council does not have faith
in.the action of the board members, would be to abolish the
board in questior. and have the Council be the body to whom the
variances requested or interpretation is addressed.
430 S
Other boards which have semiautonomous jurisdiction and
which might be considered for a similar ordinance would be
the following: The various pension boards of the City, the
Building Board of Appeals, the Liquor Licensing Board, and
the Contractors' Licensing Board. I believe the comments
above would be applicable to all of these boards as well.
In addition, it should be noted that the Firemen's Pension
Board and the Policemen's Pension Board are created under
state law and this type of a provision might be considered
contrary to the state law which authorizes the creation of
these boards. Generally speaking, the boards in question are
made up of members with some expertise in the area in question
and in any event, since these boards deal only with a limited
area, the members of the board are very sophisticated in dealing
with their area of concern. There are guidelines in all of
the ordinances indicating the permissible scope of the board's
action and the tests which must be made in order to take
particular actions. For instance in the case of the Building
Board of Appeals, a true variance from the ordinance cannot be
granted and the Board only has jurisdiction to allow substitution
of a different material having the same or superior characteristics
to the material required by the code. In the case of the Liquor
Licensing Authority, the standards for granting or denial of
a license have been established by state law and court decisions
and in addition, the state licensing authority must pass on any
action of the local licensing board.
Councilman Bloom made a motion, seconded by Councilman Wilkinson to not read
Ordinance No. 83, 1975 into the record relating to an appeal procedure from
the Zoning Board of Appeals. Yeas: Councilmembers Bloom, Bowling, Gray,
Reeves, Russell, Suinn and Wilkinson. Nays: None.
Other Business
1. Mayor Russell called Council's attention to the vote taken at the last Council
Meeting relating to the hiring of a Cultural Affairs Director.
Councilman Bowling requested that those members of the Council who were absent
from the previous meeting be allowed to express their views regarding this
matter.
Councilwoman Gray expressed concern that the City was indeed "in need" of such
a person and that the grant should be applied for.
it 431
Councilman Suinn expressed his concern that a director is needed for
pre -planning duties and since grant funds are available the City should
take advantage of the opportunity.
Councilman Bloom stated he did not feel that a person was needed at the
present time and possibly a staff member could be utilized in the position
just now.
Councilman Bowling stated that he feels that this is a very specialized
position and the City would need to look outside for a qualified person.
Mayor Russell stated that the City needed to be very careful before moving
ahead.
Councilwoman Reeves stated that she felt the City should definitely be
moving ahead.
Councilman Wilkinson stated that the hiring of a person at this time would
be premature.
Councilman Suinn made a motion, seconded by Councilman Bowling to reconsider
the discussion of a Cultural Affairs Director from the Council Meeting on
December 9, 1975. Yeas: Councilmembers Bowling, Gray, Reeves, and Suinn.
Nays: Councilmembers Bloom, Russell and Wilkinson.
Mr. Bob Clark spoke briefly to the Council in support of the need for a
Cultural Affairs Director at this time.
Councilman Bowling made a motion, seconded by Councilwoman Gray to instruct
the Administration to proceed with the recruitment of a Cultural Resources
Director and further to reopen the negotiations for a grant from the
National Council of the Arts. Yeas: Councilmembers Bowling, Gray, Reeves,
and Suinn. Nays: Councilmembers Bloom, Russell and Wilkinson.
2. Chief Ed Yonker was thanked for his many hours of devoted service to the
City by City Manager Robert Brunton.
Chief Yonker spoke briefly to the proposed training facility at the old power
plant.
Councilman Suinn made a motion, seconded by Councilwoman Reeves to accept
Chief Yonker's resignation effective January 1, 1976 and to express their
appreciation for a job well done.
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it
3. City Manager Robert Brunton advised Council that the State Highway
Department has advised the City that there will be no funding for
traffic signals at Horsetooth Road and South College Avenue. However,
the state is funding signals at Harmony Road and South College Avenue.
Mr. Brunton requested a Work Session to discuss the traffic problem
at Horsetooth and South College Avenue.
4. City Manager Robert Brunton advised the Council that a request had
been received from the Chamber of Commerce that the City's contribution
be increased by 10 percent, from $2,000 to $2,200. This matter scheduled
for a Work Session for further discussion.
S. Mayor Russell asked that the following letter from the Poudre Valley
Greenbelt Association be accepted for the record.
` N
t
f '
ONE DAY MEN
MAY DREAM OF A _.....___._..
FORT COLLINS
-- ENVIRONMENT THAT /—
MIGHT HAVE BEEN
AND ASK, "WHY NOTr,
i
poudre valley 1GREENBELT association
p o box 26
Honorable .Jack Fussell
City of Fort Collins
300 LaPorte Averue
Fort Collins, Cclorado 80521
Dear Mayor Russell:
f�prt collins
colorado 80521
December 16, 1975
The Poudre Valley Greenbelt Association woulgj like to register disap-
pointment at the progress made during 1975 irr� acquiring open space.
As early as 1971 the open space plan of the glreenbelt Association was
presented to numerous civic clubs and organi;rations. During those
presentati3ns a sales tax was suggested as a feasible means for financ-
ing purchases. �We believe that those early gifforts by the Association
contribute3 positively to the voters' adoptigin of the city's Capital
Improvement Program in 1973. Open space goals were a part of that pro-
gram, but expenditures made during the past year suggest these goals
have been short-changed.
433
The Open Space Report presented to the council November 25 indicated
only $60,030 in land purchases during 1975. This level of expenditure
is indeed disappointing when compared with tte Open Space projections
contained in the Citizen's Choice '73 folder, or plan of action. That
plan allotted $3,705,000 over 7 years, or about $529,000 per year for
open space, with these funds coming from sales taxes and new housing
unit assessments. Although new housing starts have been suppressed
and sales tax revenues were down by about 10 percent, this cannot ex-
plain the cut in acquisitions.
We have been informed that acquisitions were held up by incompleted
engineering surveys. It would seem to us that if open space acquisi-
tion were given sufficient priority by the council and city staff,
surveying would be scheduled appropriately and not become a deterrent
to accomplishing the city's open space objectives.
Plans for trail development in 1975, as outlined by city staff at a
Greenbelt meeting November 20, 1974, were for substantial construction
activity both along Spring Creek and a segment of the Poudre River sys-
tem. The fact that no progress has been made on either of these trails
adds to our disappointment.
The Open Space :71an adopted in 1974 incorporated many of the areas
and ideas of the Association for open space. We trust that that plan
is guidin€: policy in making acquisitions and that city policy is to
acquire pEx cell, when they come upon the market, so that the entire
plan can be carcied out.
Respectfully,
B. L. Driver
Vice -President
6. Appointments to boards and commissions to be scheduled for the January 6,
1976 Council Meeting.
Adjournment
Councilman Bloom made a motion, seconded by Councilman Wilkinson to adjourn.
Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson.
Nays: None.
ATTEST: Mayor
City Clerk
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