HomeMy WebLinkAboutMINUTES-01/04/1977-RegularJanuary 4, 1977
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, January 4, 1977 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, Gray, Reeves,
Russell, Suinn and Wilkinson.
Staff Members Present: Brunton, Bingman, Kaplan, DiTullio, Smith
and Lewis.
Also: City Attorney Arthur March, Jr
Ordinance Adopted on Second Reading Closing Out
Surpluses and Deficiencies in Special Improvement Districts
Following is the City Manager's memorandum on this item:
"At its December 21, 1976, meeting the Fort Collins City Council
adopted Ordinance No. 96, 1976, on first reading. This ordinance
provides for the closing out of four special improvement districts
and transferring the surpluses or deficiencies in the districts to
the Surplus and Deficiency Account of the Special Improvement Fund.
As we have mentioned, all securities for all districts have been
paid and the figures in the ordinance are the final result of the
district."
Councilman Russell made a motion, seconded by Councilwoman Reeves
to adopt Ordinance No. 96, 1976 on second reading. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson.
Nays: None.
ORDINANCE NO. 96, 1976
BEING AN ORDINANCE TRANSFERRING SURPLUS FUNDS
AND CORRECTING DEFICIENCIES FOR CERTAIN SPECIAL
IMPROVEMENT DISTRICTS THROUGH THE SURPLUS AND
DEFICIENCY ACCOUNT OF THE SPECIAL ASSESSMENT FUND
WHEREAS, Section 20.6 of Article V of the Charter of the City of
Fort Collins provides in part (b) thereof that surplus funds remaining in
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a local improvement district shall be transferred to the Surplus and Defi-
ciency Fund and when there is a deficiency in such a district it shall be
paid out of such Surplus and Deficiency Fund; and.
WHEREAS, the outstanding securities for the improvement districts
hereinafter set forth have been paid and such special improvement districts
still have to their credit (or deficit) the amounts hereinafter indicated,
to -wit:
Name of Improvement District Surplus Cash on Hand
Street Improvement District No.58. $ 1,799.00
Storm Sewer District No. 15 (34.11)
Sanitary Sewer District No. 58 (40.00)
Street Light District No. 3 (74.97)
and
WHEREAS, such surplus funds should be transferred to the Surplus and
Deficiency Fund, and the deficits should be paid out of the Surplus and
Deficiency Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the deficits set forth above for Storm Sewer District No. 15,
Sanitary Sewer District No. 58, and Street Light District No. 3 be transferred
and paid from the Surplus and Deficiency Account of the Special Improvement
Fund and that the surplus set forth above -in Street Improvement Dis
trict No. 58 be transferred and paid to said Surplus and Deficiency Fund..
Introduced, considered favorably on first reading, and ordered pub-
lished this 21st day of December, A.D. 1976, and to be presented for final
reading on the 4th day of January, A.D. 1977.
Mayor
ATTEST:
City Clerk (Deputy)
Passed and adopted on final reading this 4th day of January, A.D.
1977.
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ATTEST:
City Clerk
First F.eading: December 21, 1976 (Vote: Yeas: 7, Mays: 0)
Second Reading: January 4, 1977 (Vote: Yeas: 7, Nays: 0)
Dates Published: December 26, 1976 and January 9, 1977
Attest:
r-
City Clerk
Ordinance Adopted on Second Reading Authorizing
the Issuance of Special Assessment Bonds
Following is the City Manager's memorandum on this item:
"Ordinance No. -97, 1976, was adopted on first reading at the
December 21, 1976 meeting of the City Council. This ordinance
provides for the issuance of $700,000 special assessment bonds
to be used for the construction and installation of street and
mall improvements included in the Downtown Redevelopment Project.
Councilwoman Reeves made a motion, seconded by Councilman Bowling
to adopt Ordinance No. 97, 1976 on second reading. Yeas: Council -
members Bloom, Bowling, Cray, Reeves, Russell, Suinn and Wilkinson.
Nays: None.
ORDINANCE NO. 97' 1976
AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL
ASSESSMENT BONDS OF THE CITY OF FORT COLLINS,
COLORADO, FOR DOWNTOWN IMPROVEMENT DISTRICT
NO. 1, FOR THE CONSTRUCTION AND INSTALLATION OF
STREET AND MALL IMPROVEMENTS IN SAID DISTRICT;
PRESCRIBING THE FORM OF THE BONDS; AND PROVIDING
FOR THE PAYMENT OF SAID BONDS AND THE INTEREST
.THEREON.
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WHEREAS, in accordance with the City Charter and Chapter
16 of the Code of the City of Fort Collins, the City Council has
created Downtown Improvement District No. 1, for the purpose of
constructing and installing street and mall improvements within
the District, as described herein; and
WHEREAS, such improvements are part of the proposed
improvements to be constructed or installed in the downtown area
of Fort Collins, which improvements will be financed in part by
special assessment bonds for Downtown Improvement District No. 1,
and by general obligation bonds of the City of Fort Collins
General Improvement District No. 1; and
WHEREAS, the construction and installation of such
improvements will result in general benefits to the City and in
special benefits to the assessable property to be assessed within
the boundary of the District; and
WHEREAS, the City Council has determined that the cost
of the construction and installation of the street and mall
improvements, together with necessary incidental costs, shall not
exceed the amount of $700,000, and that bonds of the Gity for said
District should be issued in this amount; and
WHEREAS, in accordance with the City Charter and a
resolution passed on December 21, 1976, the City Council has
determined that it isinthe best interest of the City that
special assessment bonds of the City in the principal amount of
$700,000 should be issued and sold to Boettcher and Company,
Denver, Colorado, in accordance with their proposal dated November
23, 1976; and
WHEREAS, it is necessary to provide for the issuance
of said bonds and the form and payment thereof;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, COLORADO:
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Section 1. Improvements Ordered. The improvements
.authorized to be constructed in accordance with Ordinance No. 76
1976, finally passed and adopted on October 26, 1976, which
ordinance created Downtown Improvement District No. 1, include the
following, and are referred to in this ordinance as "street and
mall improvements":
Improvements designated to improve the visual appearance
of streets and other public ways within the district and to make
such streets and other public ways better accommodate pedestrian
and vehicular traffic, such improvements ingluding construction
and reconstruction of sidewalks, curbs, gutters, and streets;
installation of planters and landscaping; installation of benches
in the sidewalk area; installation of plazas, installation
of street lighting; signalization for traffic; and other allied
improvements, the improvements to be located on streets within the
district and principally upon College Avenue from the vicinity of
Magnolia Street to the vicinity of. LaPorte Avenue and extending
along intersecting streets and Linden Street.
Section 2. Bond Details. By virtue of and pursuant to
the City Charter and Chapter 16 of the Code of the City of Fort,
Collins, Special Assessment Bonds of the City of Fort Collins, for
Downtown Improvement District No. 1 shall be issued for the
purpose of paying for local improvements constructed in'the
District. The bonds shall be in the principal amount of $700,000,
shall be dated December 1, 1976, and shall consist of 700 bonds
in the denomination of $1,000 each, numbered 1 to 700, inclusive.
The Bonds shall be payable to bearer, and shall be due and payable
on December 1, 1991, subject to call and prior payment on any
interest payment date, in direct numerical order, upon payment of
par and accrued interest. Notice of prior redemption shall be
given ty the Director of Finance by:
(a) publication of such notice for five (5) days
in an .official newspaper published in the City of Fort Collins;
and
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(b) forwarding a copy. of such notice by first
class mail, postage prepaid to any bondholder who has furnished
his or her post office address to the City Clerk,,within ten (10)
days.after the publication required in (a) above.
Such notice shall specify the number or numbers of
the bonds to be so redeemed and the date fixed for redemption and
such notice shall further state that on such redemption date there
shall become due and payable upon each bond so to be redeemed at
the office of the Director of Finance the principal amount thereof
and accrued interest to the redemption date,'and from and after
such date interest shall cease to accrue.
The Bonds shall bear interest at the rate of 6-1/82 per
annum, payable on December 1,. 1977, and semi-annually thereafter
on June 1 and December 1, each year, as follows:
Amount
Bond Numbers
interest Rate.
$70,000
1
to
70,
incl.
6-1/8%
45,000
71
to
115,
incl.
6-1/88
45,000
116
to
160,
incl.
6-1/8%
45,000
161
to
205,
incl.
6-1/B%
45,000
206
to
250,
incl.
6-1/8%
$45,000
251
to
295,
incl.
6-1/8% __
45,000
296
to
340,
incl.
6-1/88 -'
45,000
341
to
385,
incl.
6-1/88
45,000
386
to
430,
incl.
6-1/8%
45,000
431
to
475,
incl.
6-1/8%
$45,000
476
to
520,
incl.
6-1/88
45,000
521
to
565,
incl.
6-1/88
45,000
566
to
610,
incl.
6-1/8%
45,000
611
to
655,
incl.
6-1/88
45,000
656
to
700,
incl.
16-1/88
The net effective interest rate of this issue of Bonds
is 6.136% per annum.
The principal of and interest on said bonds shall
be payable at the office of the Director of Finance, in Fort
Collins, Colorado.
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Section 2. Execution of Bonds and Interest Coupons.
The Bonds shall be signed with the facsimile signature of the
Mayor of the City, attested by the manual signature of the City
Clerk, countersigned with the facsimile signatgre of' the Director
of Finance, with a facsimile of the seal of the City affixed
'thereto, and the interest coupons attached shall be signed with
the facsimile signature of the City Clerk. When issued as afore—
said as part of said bonds, the interest coupons shall be the
binding obligations of. the City according to their import.
Should any officer whose manual or facsimile signature
appears on said bonds or the coupons attached thereto cease to be
such officer before delivery of the bonds to the purchaser, such
manual or facsimile signature shall nevertheless be valid and
sufficient for all purposes.
Section 3. Form of Bond and Interest Coupons. The
bonds and the interest coupons to be attached thereto shall be in
substantially the following form:
(Form of Bond)
UNITED STATES OF AMERICA
STATE OF COLORADO COUNTY OF LARIMER s
. CITY OF FORT COLLINS
DOWNTOWN.IMPROVEMENT DISTRICT NO. 1
No.
$1,000
t.. L
The City of Fort Collins, in the County. of Larimer,
State of Colorado, for value received, hereby promises to pay to
the bearer hereof, out of the special fund hereinafter designated,
but not•eotherwise, the principal sum of
ONE THOUSAND DOLLARS
in lawful money of the United States of America on the 1st day
of December, 1991, with interest thereon at the rate of six and
mif
one-piahth Der centum (6-1/88) per annum from date until payment,
payable on December 1, 1977 and semi-annually thereafter on June 1
and December 1 each year, both principal and interest being
payable at the office of the Director of Finance, in Fort Collins,
Colorado, upon presentation and surrender of the attached coupons
and this Bond as they severally become due or are called for
payment.
This Bond is subject to call and redemption in. direct
numerical order of the issue of which it is one, on any interest
payment date, upon payment of par and accrued interest to the
date of redemption. Notice of such prior redemption shall be
published for 5 days in an official newspaper published in the,
City.
This Bond is issued for the purpose of paying the cost -
of constructing and installing street and mall improvements,
together with necessary incidentals in Downtown Improvement
District No. 1, in the City of Fort Collins, Colorado, by virtue
of and in full conformity with the Constitution and Laws of the
State of Colorado, the'Charter of the City, Chapter 16 of the Code
of the City of Fort Collins, and an Ordinance of the City duly
adopted, approved, published and made a law of the City prior to
the issuance hereof.
Payment of this Bond and the interest thereon shall be
made from, and'as security for such payment there is pledged, a
special fund designated as the "Downtown Improvement District No
-.'-
1 Bond and Interest Fund", which Fund shall contain initially any
monies in the construction account remaining after the cost of
improvements has been paid in full and thereafter to contain
the proceeds from special assessments to be levied against the
property included within the District and specially benefitedby
the construction and installation of improvements therein. The
assessments to be .levied will constitute a' lien. on and against
each lot or tract of land in the respective amounts to belappor-
tioned by an ordinance of the City.
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Bonds of this issue, together with bonds of other
local improvement districts of the City, shall be additionally
secured by moneys in the special surplus and deficiency. fund
authorized by the City Charter. Whenever there is a deficiency in
the Bond and Interest Fund for the payment of principal and
interest, the deficiency shall be paid out of the special surplus
and deficiency fund. Whenever three -fourths of the bonds of this
series have been paid and cancelled and for any reason the remain-
ing assessments are not paid in time to redeem the remaining bonds
and the interest thereon, and there are not sufficient funds in
the special surplus and deficiency fund, then the City shall
pay the remaining bonds when due and the interest thereon, and
levy additional ad valorem taxes necessary therefor, and reimburse
itself by collecting the unpaid assessments due the district.
This Bond does not constitute a debt of the City of Fort
Collins within the meaning of any constitutional, statutory or
charter limitation or provision, and shall not be considered or
held to be a general obligation of the City. This Bond and the
interest thereon are payable solely from the special assessments
and other funds and moneys pledged to the payment thereof, as
indicated above.The payment of the Bond is not secured by an
encumbrance, mortgage or other pledge of the City. No property of
the City, subject to the above, shall be liable to be forfeited or
to be taken in payment of the bonds of this issue. .
It is hereby further certified and recited that all
requirements of law have been fully complied with by the proper
officers of the City in the issuance of this Bond, and that the
total amount of this issue does not exceed the cost and expense of
said improvements or any limitation prescribed by law.
For the payment of this Bond and the interest thereon
the City pledges all of its lawful corporate powers.
152
IN TESTIMONY WHEREOF, The.. City of Fort Collins has
caused this Bond to be signed with the facsimile signature of the
Mayor of the City, attested by the manual signature of the City
Clerk, countersigned with the facsimile signature of the Director
of Finance, with a facsimile of the seal of the City affixed
hereto, and the interest coupons attached hereto to be signed with
the facsimile signature of the City Clerk, as of the 1st day of
December, 1976.
(FACSIMILE)
( S E A L )
ATTEST:
(Manual Signature)
City Clerk
CITY OF FORT COLLINS, COLORADO
By (Facsimile Signature)
Mayor
COUNTERSIGNED:
153
(Facsimile Signature)
Director of Finance
1
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(Form of Interest Coupon)
No.
June,
On the 1st day of December, 19_, unless the Bond to
which this coupon is attached has been called for prior redemp-
tion, the City of Fort Collins, in the County of Larimer and State
of Colorado, will pay to bearer the amount shown hereon, in lawful
money of the United States of America, solely, out of the special
fund or funds referred to in the Bond to which this coupon is
attached, at the office of the Director of Finance, in Fort
Collins, Colorado, being interest then due on its Special Assess-
ment Bond for Downtown• Improvement District No. 1, dated December
1, 1976, bearing
No.
(Facsimile Signature)
City Clerk
Section 4. Disposition of Bond Proceeds. The proceeds
of said bonds shall be applied only to pay the costs and expenses
of constructing and installing improvements in said District and
all other costs and expenses incident thereto. In the event that
all of the proceeds of said bonds are not required to pay such
costs and expenses, any remaining amount shall be paid into the
special assessment fund for the purpose of calling in and paying
the principal of and interest on said bonds. Neither the pur-
chasers of said bonds nor any subsequent holder of the same shall
be responsible for the application of the proceeds of said bonds
by the City or any of its officers.
154
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All or any portion of the bond proceeds may be tempor—
arily invested, or reinvested, pending such use, in securities or
obligations which are lawful investments for such municipalities
in the State of Colorado. It is hereby covenanted and agreed by
the City that the temporary investment or reinvestment of the bond
proceeds, or any portion thereof, shall be of such nature and
extent, and for such period, that the bonds of the City shall not
become "arbitrage bonds" within the meaning of Section 103(c) of
the Internal Revenue Code, and pertinent. regulations, and such
proceeds, if so invested or reinvested, shall be subject to the
limitations and restrictions of said Section 103(c), as the
same now exists or may later be amended, and shall further be
subject to any applicable regulations of the Internal Revenue
Service.
Section 5. Downtown Improvement District No. 1 Bond and
Interest Fund. The bonds and the interest thereon shall be
payable solely from a special sinking fund, designated as the
Downtown Improvement District No. 1 Bond and Interest Fund, which
shall contain initially any monies in the construction account
remaining after the cost of improvements has been paid in full and
thereafter to contain the proceeds from special assessments to
be levied against the property within the District and specially
benefited by the construction of improvements therein. When
assessments are collected, including interest and any penalties;
they shall be placed in the Bond and Interest Fund, and shall be
deemed specially appropriated to the payment of the bonds author—
ized herein, and the interest thereon, and shall not be used for
any other purpose until the bonds and the interest are fully
paid.
When there is on hand a sufficient amount to pay six
months' interest on outstanding bonds for the.'District, the City
shall call. for payment, on the next interest payment date, out—
standing bonds in direct numerical order with funds; available
155
therefor. Notice of call and redemption shall be given in ac-
cordance with Section 16.29 of the Code of the City of Fort
Collins,.as provided in Section 1 hereof.
After the expiration of the period for cash payments of
assessments in full, the City shall, to the extent possible, pay
each year approximately 7% of the total amount of bonds outstand-
ing after the payment of the bonds with the proceeds of such cash
payments of assessments in full.
Section 6. Additional Security for the Payment of
Principal and Interest. Bonds of this issue, together with bonds
of other local improvement districts of the City, shall be addi-
tionally secured, by moneys in the special suplus and deficiency
fund authorized by the City Charter. Whenever there is a defi-
ciency in the Bond and Interest Fund for the payment of principal
and interest, the deficiency shall be paid out of the special
surplus and deficiency fund. Whenever three -fourths of the bonds
of this series have been paid and cancelled and for any reason the
remaining assessments are not paid in time to redeem the remaining;.
bonds and the interest thereon, and there are not sufficient funds
in the special surplus and deficiency fund, then the City shall
pay the remaining bonds when due and the interest thereon, and
levy additional ad valorem taxes necessary therefor, and reimburse
itself by collecting the unpaid assessments due the district.
Section 7. Assessment of Costs. The City Council
covenants that upon completion of the local improvements and
acceptance thereof by the City Council, it will cause a statement
showing the whole cost of the improvements and as assessment roll
to be prepared and filed. The City Council shall further cause
assessments to be levied against the property included within the
special improvement district and specially benefited by the
construction and installation of such improvements, in accordance
with law and the Charter of the City.
156
Section 8. Severability. That if any one or more
sections or parts of this Ordinance shall be adjudged unenforce—
able or invalid, such judgement shall not affect, impair or
invalidate the remaining provisions of this Ordinance, it being
the intention that the various provisions hereof are severable.
Section 9. Repealer. All Ordinances or parts thereof
in conflict with this Ordinance are hereby repealed.
Section 10. Ordinance Irrepealable. After said bonds
are issued, this Ordinance shall be and remain irrepealable until
said bonds and the interest thereon shall have been fully paid,
satisfied and discharged.
Section 11. Recording and Authentication. This Ordinance,
as adopted by the City Council, shall be numbered and recorded, and the
adoption and publication shall be authenticated by the signature of the
Mayor and the City Clerk, by the certificate of the publisher, respectively.
Introduced, considered favorably on first reading, and ordered
published this 21st day of December 1976, and to be presented for final
passage on the 4th day of January; 1977.
ATTEST:
4L
City Clerk (Deputy)
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Passed and adopted on final reading this 4th day of January,
1977. ..
ATTEST:
CJ �
ity Clerk
First Reading: December 21, 1976 (Vote: Yeas: 7, Nays: 0)
Second Reading: January 4, 1977 (Vote: Yeas: 7, Nays: 0)
Dates Published: December 26, 1976 and January 9, 1977.
Attest: �J
City Clerk
Ordinance Adopted on Second Reading
Relating to the Second Betz Riverside Avenue to the Second Betz Riverside Avenue Rezoning
Following is the City Manager's memorandum on this item:
"At its December 21, 1976, meeting the Fort Collins City Council
adopted Ordinance No. 102, 1976 on first reading. This property
is on the south side of Riverside Avenue between McHugh Street to
the west and Montgomery Street to the east. The site is directly
across from an I-L, Limited Industrial Zoning District and backs
up to the rear lots of a row of houses on McHugh Street. The
Planning Staff and the Planning and Zoning Board recommended rezoning
to B-L.instead of R-H. The City Council concurred with this
recommendation."
Councilman Russell made a motion, seconded by Councilwoman Reeves
to adopt Ordinance No. 102, 1976 on second reading. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson.
Nays: None.
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ORDINANCE NO. 102 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 B-L, Limited Business District for the following described
property in the City, to -wit:
Riverside Subdivision, Third Filing, Situate in the
West 1/2 of Section 18, Township 7 North, Range 68 West
of the Sixth P.M., Larimer County, Colorado.
Introduced, considered favorably on first reading, and
ordered published this 21st day of December, A.D. 1976, and -
to be presented for final passage on the 4th day of January,
A.D. 1977.
Mayor =.
ATTEST: (�
City Clerk (Deputy)
Passed and adopted. on final reading this 4th day of.
January, A.D. 1977.
a or
ATTEST:
Ci y Jerk ,
M&
1
First Reading: December 21, 1976 (Vote: Yeas: 7, Nays: 0)
Second Reading: January 4, 1977 (Vote: Yeas: 7, Nays: 0)
Dates Published: December 26, 1976 and January.9, 1977
Attest:
City Clerk
Ordinance Adopted on Second Reading Annexing
Suitts First Annexation
Following is the City Manager's memorandum on this item:
"At its December 21, 1976, meeting the Fort Collins City Council
adopted Ordinance No. 103, 1976, on first reading. This is a
voluntary annexation of 139.5 acres adjacent to the south side
of the Poudre River between Highway 14 and Prospect Street. This
first annexation is for 68.3 acres. The second annexation of
71.2 acres will take place the latter part of January or first
part of February 1977. The proposed zoning for the first 68.3
acres is I-P, Planned Industrial District."
Councilman Bowling made a motion, seconded by Councilman Bloom
to adopt Ordinance No. 103, 1976 on second reading. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and
Wilkinson. Nays: None.
ORDINANCE NO. 103 , 1976
BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE
SUITTS FIRST ANNEXATION TO THE CITY OF FORT COLLINS
WHEREAS, heretofore, a written petition, together with four prints
of an annexation map was filed with the City Clerk of the City of Fort Collins
requesting the annexation of certain territory more particularly described
below to the City, and
WHEREAS, the City Council has found and determined.and does .hereby find
and determine that said petition is in substantial compliance with the pro-
visions of Colorado Revised Statutes, 1973, Section 31-8-107 as amended, and
WHEREAS, the owners of 100% of .the property to be annexed have petitioned
for said annexation, and
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WHEREAS, not less than one -sixth (1/6th) of the perimeter of the area
to be annexed is contiguous with.the City of Fort Collins and a community of
interest exists between the territory to.be annexed and.the City of Fort Collins
and the territory to be annexed.is urban or will be urbanized in the near
future and such territory is integrated or is capable of being integrated with
the City of Fort Collins, and
WHEREAS, none of the provisions of Colorado Revised Statutes, 1973,
Section 31-8-105 as amended, are violated by the annexation of this territory
to the City, and
WHEREAS, no election is required under the provisions of Colorado Revised
Statutes, 1973, Section 31-8-107(2) as amended, and no.additonal terms and
conditions are to be imposed in connection with this annexation, and
WHEREAS, the territory.is eligible for annexation and the City Council
desires to annex the same to the City of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That all of the territory more particularly described as
situate in the County of Larimer, State of Colorado, to -wit: -
A part of the West 1/2 of Section 17, Township 7 North, Rangc 68
West of the Sixth P.M., which considering the West line of said
Section 17 as bearing N 00001' E and with all bearings contained
herein, relative thereto, is contained within the boundary lines
which begin at a point which bears N 000 01' E 759.00 feet and
again S 840 55' E 1074.14 feet from the Southwest corner of said
Section 17 and run thence N 000 01' E 100.00 feet; thence S 840
55' E 100.00 feet; thence N 000 01' E 2783.23 feet; thence S 390
30' E 129.71 feet; thence S 360 18' E 221.20 feet; thence S 470
38' E 60.00 feet; thence S 460 35' E 187.50 feet; thence S 610 31' _
E 186.90 feet; thence S 26° 00' E 148.00 feet; thence S 890 05'
E 156.60 feet; thence S 350 52' W 140.20 feet; thence S 15° 46'
E 190.20 feet; thence S 140 07' W 223.00 feet; thence S 350 43'
E 354.70 feet; thence S 670 47' E 243.70 feet; thence N 670 29'
E 372.81 feet to a point on the East line of the Southwest 1/4
of said Section 17; thence S 000 08' 30" E 1591.99 feet along
said East line; thence N 840-55' W 1582.54 feet to the point of
beginning containing 68.3171 acres, more or less. _
be and it hereby is annexed to the City of Fort Collins and made a part
of said City, to be known as the Suitts First Annexation.
Section 2. That in annexing said territory to the City of Fort Collins,
the City of Fort Collins does not assume any obligation respecting the
construction of water mains, sewer lines, gas mains,.electric service lines,
streets or any other services or utilities in connection.with territory hereby
annexed except as may be provided by the ordinances of.the City of`Fort Collins.
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Section 3. Within ninety (90) days from the date this ordinance becomes
effective, no building permit shall be issued for any of the lands herein
des cribed. unless said lands have.been zoned under the zoning ordinances of the
City.
Introduced, considered favorably on first reading, and ordered published
this 21st'day of.December A.D., 1976, and to -be presented for final passage
on the 4th day of '.January A.D.*, 1977.
ATTEST:
City Clerk (Deputy)
Passed and adopted on final reading this 4th day of January A.D., 1977.
ATTEST:
City Clerk
First Reading:
Second Reading:
Dates Published
Attest:_____
December 21, 1976
January 4, 1977
December 26, 1976
/51
City. Clerk
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(Vote: Yeas: 7, Nays: 0)
(Vote: Yeas: 7, Nays: 0)
and January 9, 1977
Ordinance Adopted on Second Reading Annexing Certain
Property Known as the Strachan Fourth Annexation
Following is the City Manager's memorandum on this item:
"Ordinance No. 104, 1976, was adopted on first reading at the
December 21, 1976, meeting, The Strachan Fourth Annexation consists
of 7.1 acres located on the northeast corner of East Horsetooth
Road and Johnsmith Street. The requested zoning is H-B, Highway
Business District. This 7.1 acres is part of a large tract of
21.5 acres which is at the present time outside the City Limits.
The Planning and Zoning Board recommended that the City Council
voluntarily petition to annex the 7.1 acres and that the City
initiate involuntary annexation on the remaining 14.45 acres.
Both the Administration and the Planning and zoning Board recom-
mended that the question of zoning be tabled pending a study
of the zoning in this area and the impact of additional H-B
zoning on this area as well as the entire City. This report
should be available to the City Council at the January 18, 1977
meeting."
Councilman Bloom made a motion, seconded by Councilman Bowling
to adopt Ordinance No. 104, 1976 on second reading. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and
Wilkinson. Nays: None.
ORDINANCE NO. 104 , 1976
BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE
STRACHAN FOURTH ANNEXATION TO THE CITY OF FORT COLLINS
WHEREAS, heretofore, a written petition, together with four prints
of an annexation map was filed with the City Clerk of the City of Fort Collins
requesting the annexation of certain territory more particularly described
below to the City, and
WHEREAS, the City Council has found and determined and does hereby find
and determine that said.petition is in substantial compliance with the pro-
visions of Colorado Revised Statutes, 1973, Section 31-8-107 as amended, and
WHEREAS, the owners of 100% of the property to be annexed have petitioned
for said annexation, and
WHEREAS, not less than one -sixth (1/6th) of the perimeter of the area
to be annexed is contiguous with -the City of Fort Collins and:a,community of
interest exists between the territory to be annexed and the City of Fort Collins
and the territory to be annexed is urban or will be urbanized', in the near
future and such territory is integrated or is capable of.being integrated with
the City of Fort Collins, and
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WHEREAS, none of the provisions of Colorado Revised Statutes, 1973,
Section 31-8-105 as amended, are violated by the annexation of this territory
to the City, and
WHEREAS, no election is required under the provisions of Colorado Revised
Statutues, 1973, Section 31-8-107(2) as amended, and no additonal terms and
conditions are to be imposed in connection with this annexation, and
WHEREAS, the territory is eligible for annexation and the City Council'
desires to annex the same to the City of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That all of the territory more particularly described as
situate in the County of Larimer, State of Colorado, to -wit:
A portion of the Southwest 1/4 of Section 25, Township 7 North,
Range 68 West of the Sixth P.M., Larimer County, Colorado, which,
considering the West line of said Southwest 1/4 as bearing S 00
0
00' 45" E and with all bearings contained herein, relative thereto,
is contained within the boundary lines which begin at a point which
bears N 89045'30" E 421.79 feet from the Southwest corner of said
Section 25 and run thence N 00024'45" W 592.00 feet; thence S 890
02' E 450.82 feet; thence along the arc of a 494.77 foot radius
curve to the left a distance of 97.08 feet, the long chord of which
bears S 17028'25" E 96.92 feet; thence S 23005'40" E 114.42 feet; thence
along the arc of a 460.00 foot radius curve to the right a distance
of 183.47 feet, the long chord of which bears S 11040'05" E 182.26
feet; thence S 00014'30" E 205.83 feet; thence S 89045'30" W 558.21
feet to the point of beginning, containing 7.1303 acres, more or less.
be and it hereby is annexed to the City of Fort Collins and made a part
of said City, to be known as the Strachan Fourth Annexation.
Section 2. That in annexing said territory to the City of Fort Collins,
the City of Fort Collins does not assume any obligation respecting the
construction of water mains, sewer lines, gas mains, electric service lines,
streets or any other services or utilities in connection with territory
hereby annexed except as may.be provided by.the ordinances of -the City of
Fort Collins..
Section 3. Within ninety (90) days from the date this ordinance becomes
effective, no building permit shall be issued for any of the lands herein
described unless said lands have been zoned under the zoning ordinances of the
City.,.0
Introduced, considered favorably on first reading, and ordered published
this 21st day of December. A.D.., .1976, and to be presented for final passage
on the 4th'day of January A.D., 1977.'
164
Mayor
ATTEST:
City Clerk (Deputy)
Passed and adopted.on final -reading this 4th day'of January A.D., 1977.
ATTEST:
City Clerk
First Reading: December 21, 1976 (Vote: Yeas: 7, Nays: 0)
Second Reading: January 4, 1977 (Vote: Yeas: 7, Nays: 0)
Dates Published: December 26, 1976 and January 9, 1977
Attest:
Ly
City Clerk
Ordinance Adopted on First Reading
Zoning the Suitts First Annexation
Following is the City Manager's memorandum on this item:
"The Suitts First Annexation consists of 68.3 acres along the
south side of the Poudre River between Highway 14 and Prospect
Street. The requested zoning in this area is I-P, Planned
Industrial District. Mr. Suitts had previously agreed to
dedicate to the City at no cost enough right-of-way along the
Poudre River for our Trails Program. The City is also negotiating
for purchase of 50 acres in the southern portion previously
used as gravel pits. The annexation ordinance for this property
was passed on first reading at the December 21, 1976, meeting
and on second reading at the January 4, 1977 meeting."
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Councilmembers inquired into the dedication for the Trails
Program and were advised by the City Manager that the admini-
stration is pursuing the dedication and hopes to have it in
hand before second reading of the ordinance.
Councilman Bowling made a motion, seconded by Councilman Bloom
to adopt Ordinance No. 1, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson.
Nays: None.
Ordinance Adopted on First Reading Amending the
Zoning Ordinance with Regard to Requirements for
Dav Care Centers
Following is the City Manager's memorandum on this item:
"At its December 21, 1976, meeting the Fort Collins City Council
received a recommendation from the Planning and Zoning Board
that an amendment be made to the Zoning. Ordinance requiring a
1500-foot separation by direct pedestrian access between day
care centers in the R-M „ Medium Denisty Residential District.
The whole status and question of Day Care Centers has been
discussed by the City Council on many occasions. At the December 21
meeting the Fort Collins City Council requested the City Attorney
to prepare the necessary ordinance."
Councilwoman Gray made a motion, seconded by Councilman Bloom
to adopt Ordinance No. 2, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson.
Nays: None.
Ordinance Adopted on First Reading
Relating to the City Arborist
Following is the City Manager's memorandum on this item:
"The 1977 budget provides for a full-time City Arborist to head
the Forestry Division of the Parks and Recreation Department.
This Ordinance provides that the City Manager shall employ or
contract for the services of a person to be known as the City
Arborist.
Dr. Carl Jorgenson has acted in the capacity of part-time Arborist
since 1971. At the present time he has been working one day per
week during the entire year except for the months of June through
September when he works 4-2 days per week. With the many
responsibilities and duties, we all recognize (including
Dr. Jorgenson) the need at this time for a full-time City Arborist.
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k
The City of Fort Collins was extremely fortunate in obtaining
the services of Dr. Carl Jorgenson. At the time he took the
position he agreed to stay approximately five years. During
that period the City has developed an outstanding program.
We have received national prominence for our various tree -
related programs, and our Dutch Elm disease preventative
program has been second to none. Dr. Jorgenson will spend
next summer in Alaska and has asked that his services be
terminated no later than June 1, 1977. He would be available
when needed to work for us on a consultant basis.
We are now in the process of recruiting for a full-time arborist."
Councilman Bloom inquired if Dr. Jorgenson would be available
to provide consultation on tree planting in the downtown project.
City Manager Brunton responded that Dr. Jorgenson would stay
on until a new person is hired.
Councilman Russell expressed his desire to have the administration
explore contracting for service rather than employing a full time.
City Arborist.
Councilwoman Cray made a motion, seconded by Councilwoman Reeves
to adopt Ordinance No. 3, 1977 on first reading. Yeas: Council =
members Bloom, Bowling, Cray, Reeves, Suinn and Wilkinson.
Nays: Councilman Russell.
Resolution Tabled Approving Agreement with Board
of County Commissioners of Larimer County Regarding
Library Facilities
Following is the City Manager's memorandum on this item:
"The Larimer County Library Board and system was created in 1939._,
At that time the County library books were located in the base-
ment of the City library. Fifty percent of the director's
salaries and fifty percent of various employees' salaries were
charged both to the City and to the County. In 1967, the County
library was dissolved and merged with the City library. However,
the County Library Board was kept to coordinate the library
facilities in the County. In the original 1967 agreement, the
City received $13,500 to maintain a bookmobile for the County
and $10,500 to pay for free library service for people in
Larimer County wanting to use the library facilities. The amount
of money that the City received is based on a•formula worked out
by the County Library Board of which Larry Webber acts as the
County Librarian. Initially, the County Commissioners determine
how much can be allocated for library services in a fiscal year.
From this amount, money is deducted for the bookmobile, for the
operation of the Red Feather Lakes Library, and for"Board expenses.
The remaining money is divided on a formula basis'as follows:
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Fort Collins 50%,
Loveland 30Z
Estes Park 12%
Berthoud 8%
Listed below is a summary of the allocations for 1974, 1975,
1976, and the final allocation for 1977:
1974 1975 1976 1977
Bookmobile Reimburse-
ment $20,000 $23,000 $23,000 $36,475
Free Library Service
Reimbursement 22,298 27,700 27,700 33,000
Total $42,298 $50,700$50,700 $69,475
The $69,475 figure was used for estimating.and projecting the
1977 revenue."
Councilman Bowling stated he would like to have a report on
the cost of this service that the City provides, prior to taking
action on this item.
Councilman Bowling made a motion, seconded by Councilwoman Gray
to table this item until the next regularly scheduled meeting
and ask the City Manager to provide Council with a cost of service
figure. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves,
Russell, Suinn and Wilkinson. Nays: None.
Resolution Adopted Withdrawing the City
Manager from the City Retirement Plan
Following is the City Manager's memorandum on this item:
"At the City Manager evaluation sessions this fall a request was
made to allow the City Manager and a small group of additional
employees to withdraw from the City Retirement Plan and substitute
participation in the ICMA Deferred Compensation,Plan. The City
Council at that time authorized the City Manager only to with-
draw from the City Retirement Plan and deferred consideration of
other employees withdrawing to a later date.
The resolution provides that in the future all comparable payments
provided for other City employees for the City Manager will be
placed in the Deferred Compensation Plan. It also provides that
the principal payment only for prior years will be withdrawn from
the City's Retirement Plan and paid into the Deferred Compensation
Plan. The City Manager is required to execute a waiver on all
sources of benefits or rights under the City Retirement Plan.
I
In the near future we will be discuss;ing.all three of our
retirement programs. It is hoped at 'the time we can review
the status of several_ additional employees that .I feel are
in a similar category and should be considered transferring
from the City Retirement Plan to the ICMA Deferred Compensation
Plan."
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.
RESOLUTION 77-1
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE WITHDRAWAL OF THE CITY MANAGER
FROM THE CITY RETIREMENT PLAN AND
SUBSTITUTING PARTICIPATION ON BEHALF OF
THE CITY MANAGER IN THE ICMA RETIREMENT
CORPORATION'S DEFERRED COMPENSATION PLAN
WHEREAS, heretofore on March 4, 1971, the City Council
established a retirement plan for employees of the City; and
WHEREAS, the City Manager is .included as a participant
in that retirement plan; and
WHEREAS, the City Council recognizes that the City
Manager's position is unique among City employees and normally
involves employment of individuals with previous experience
in other municipalities at later stages of such individual's
careers and also individuals employed as City Manager are
subject to dismissal at the will of the City Council at any
time; and
WHEREAS, because of these unique aspects of this position,
it is the opinion of the City Council that retirement benefits
for the City Manager should not be provided through the City
retirement plan but would better be provided through partici-
pation in the Deferred Compensation Plan of the ICMA Retire-
ment Corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY'.OF FORT COLLINS:
1. That the City retirement plan adopted by,resolution
of the City Council on March 4, 1971, is amended to delete
the City Manager as a participating City employee in such
plan.
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2. Any amount which would have been.payable by the
City into the City retirement plan on the behalf of the City
Manager, if he were a participant in such plan, shall instead
be paid into the Deferred Compensation Plan established for
the City Manager with the ICMA Retirement Corporation.
3. All amounts heretofore paid into the City retirement
plan on behalf of Robert L. Brunton, the City Manager, shall
be withdrawn from the City retirement plan and paid into the
Deferred Compensation Plan established for the City Manager
with the ICMA Retirement Corporation. The amount to be so
withdrawn shall be only the amount actually paid in and not
any increase which has been earned on such amount.
4. This resolution shall be effective at such time as
the City Managerexecutes a waiver of all claim to benefits
or rights. under the City Retirement Plan.
Passed and adopted at a regular meeting of the City
Council held this 4th day of January, A.D. 1977.
ATTEST• Mayor
City Clerk
Agreement for City to Provide Maintenance for
Detention Pond in the Stagecoach Subdivision
Approved Conditionally
Following is the City Manager's memorandum on this item:
"The United Bank is the owner of the Stagecoach Subdivision
which is an approved subdivision being developed outside the
City. In order to provide for storm drainage, a detention
pond has been designed which will ultimately drain into an
adjoining irrigation ditch. The Bank has requested that the
Cit agree to provide maintenance of the detention pond area.
The enclosed agreement has been negotiated which will provide
for the City supplying this maintenance but requires the
developer to put up a Certificate of Deposit in the amount of
$5,000 and which limits the City's expenditure to the amount
available from the Certificate of Deposit. As the area
ultimately is annexed to the City, the detention pond will be
170
owned by the City and the Certificate:.of.Deposit will be turned
over to the City."
Councilmembers inquired into the desirability of accepting the
detention pond, the obligation for maintenance and the means
by which the $5,000 had been determined.
Director of Engineering Services, Roy A. Bingman, stated the
Bank would submit plans which would require approval by the
Engineering Department; they (Engineering Department) had
determined that the $5,000 was adequate for the maintenance
proposed.
Councilman Russell made a motion, seconded by 'Councilman Bowling
that -the agreement be sent back to the United Bank for re -negoti-
ation from $5,000 to $10,000. Yeas: Councilmembers Bloom, -
Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
(Secretary's Note: This item was again considered under "Other
Business" at this meeting.)
Fines for Overtime Parkin
Following is the City Manager's memorandum and recommendation
on this item:
"Under the Traffic Code the Municipal Court establishes the
"cafeteria" court fine schedule. This includes the fines for
overtime parking. The current fine for overtime parking is
$1.00 if the fine is paid within eight days of the violation
and $10 if paid thereafter. The Traffic Committee has reviewed
this matter and has recommended that the fine be changed to
$3.00 if paid in the first eight days and $10 thereafter.
We have discussed this with Municipal Court and the Judge has
indicated that he will increase the minimum fine in accordance
with this recommendation but desired that we first inform the
Council of this change.
Recommendation: This item is included for information only
and no action is required by Council unless Council objects to
the change in the fine schedule."
Application Approved for United StatesCivilService
Commission Intergovernmental Personnel. Agency
Discretionary Grant
Following is the City Manager's memorandum on this item:
"Enclosed is an application for $3,350.from the Intergovernmental
Personnel Agency. Also enclosed is a summary of the grant
application. The overall objective of this project is to improve
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selection procedure and other related appraisal procedures
in the City of Fort Collins. It is 8n integral part of our
normal and legal personnel program.
The total local match will be indirect
of the personnel that would be used as
program would be working in this area
money would give us the opportunity to
and more comprehensive program in this
procedure."
or soft match. All
soft match for this
anyway. This grant
do a better, extended
vital area of personnel
Councilman Bloom stated he had no objection to the goals set
forth but expressed the following two concerns: 1. that
all federal grant money comes from the individual taxpayer,
and 2. that the staff had already prepared a 16 page docu-
ment in submitting the grant and additional reporting would
be required; therefore, he questioned whether the grant of
$3,350 is worth it. Councilman Bowling stated it was his
understanding that it was not cost effective to submit for
any grant under $7,500.
City Manager Brunton stated he would report on the new grant
procedure at the January 11, 1977 work session.
Councilwoman Reeves made a motion, seconded by Councilwoman
Gray to authorize the submission and authorize the Mayor to
sign the application on behalf of the City. Yeas: Council -
members Gray, Reeves, Suinn and Wilkinson. Nays: Council -
members Bloom, Bowling and Russell.
Consider Various Easements and Rights -of -Way Dedications
Following is the City Manager's memorandum on this item:
"The following easements and rights -of -way have been negotiated
and require Council approval:
(1) Easement for sidewalk on property owned by
Don M. Metzger located on Taft Hill Road;
(2) Easement for sidewalk on property owned by Jerry A.
Breiner located on Taft Hill Road;
.(3) Slope Easement on property owned by Luella G. Ogier
on Taft Hill Road. This easement being to slope the
ground from the sidewalk and street improvements
being installed;
(4) Right-of-way dedication from Gerald J. Edelen and
Beulah M. Edelen to extend Hibdon Court west of North
College Avenue;
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(5) Right-of-way dedication from R.D. Brew to extend
Hibdon Court west of North College Avenue;
(6) Right-of-way dedication from William V. and Catherine
B. Thompson to extend Hibdon Court west of North
College Avenue.
All of these easements and rights -of -way have been obtained
without cost to the City."
Councilwoman Gray made a motion, seconded by Councilman Bloom
that the Council accept the above easements and rights -of -way.
Yeas: Councilmembers Bloom, Bowling, Gray, -Reeves, Russell,
Suinn and Wilkinson. Nays: None.
Report from City Manager
a. City Manager Brunton stated a bid had been awarded to
Leo Payne Imports Inc. for the new bus for Transfort
in the amount of $25,865.00.
b. City Manager Brunton reported that, he, and the City Attorney
had been in touch with the Colorado and Southern Railroad,
and they will be available to meet the Council in January.
C. City Manager Brunton distributed copies of the proposed
Electrical Rate Study. This item will be on the January 11,
1977 work session.
Report from City Council on Committees
Councilman Russell reported on the PRPA Board meeting where
the site selection of the new plant was discussed.
Other Business
Councilman Bowling stated Council had received;a letter from
Mr. John Clarke, 1405 South College Avenue, concerning a request
for a zoning variance in the 1400 block of South College Avenue.
Councilman Bowling read the following portion of Mr. Clarke's
letter:
"I am therefore asking the Council to take action to, adopt an
affirmative plan for the transition of the 1400 block of South
College Avenue before it is too late to adequately control the
change to business."
173
Councilman Bowling stated the specific request was that Council
refer this block to the Planning and Zoning Board and the Planning
Department for an overall plan, before the zones are changed.
Councilman Bowling made a motion, seconded by Councilman Russell
that Council refer the plan for the 1400 block of South College
Avenue be referred to the Planning Department and that a mora-
torium be established on any variances in this block until a
new plan is approved. Yeas: Councilmembers Bloom, Bowling, Gray,
Reeves, Russell, Suinn and Wilkinson. Nays: None.
Proposed New T Transition Zoning District
Following is the City Attorney's memorandum and recommendation
on this item:
"From time to time property is annexed into the City which is
not yet ready for development. In such case the property
must be zoned within 90 days. This requires that the property
owner request a designation before such owner is prepared to
begin development or before he knows what his ultimate develop-
ment plans may be. It also requires that the City forecast'
the proper development for such areas ahead of the time they
are ready for development. Recent examples of properties where
this has been a problem are the Vance Annexation, the area in
the vicinity of Riverside, Lemay and Watts at the intersection
of Prospect and Shields. The City Attorney's office has
suggested that a new zone could be added for these transition
properties which would allow no new development but which would
not require a determination at the time of annexation of the
proper zoning. As long as the property owner has the right
to request that the property be removed from this zone and
placed in another zone, it is felt that this would be a valid
legal zone. The attached ordinance is a draft proposal which
would meet the purposes proposed.
Recommendation: The Administration recommends that the Council
refer this proposal to the Planning and Zoning Board to be
considered at the Board's January meeting and a recommendation
be requested from the Board to the City Council."
Councilman Bowling made a motion, seconded by Councilman Bloom
to a3opt the recommendation of the administration. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and
Wilkinson. Nays: None.
Mayor Wilkinson declared a recess to 7:15 p.m.
174
Citizen Participation
Certificates of Appreciation
Mayor Wilkinson read the following names of recipients for
certificates of appreciation for retiring members of Boards
and Commissions:
1. Ginny Aragon, Coordinating Commission for Senior Citizens
2. Ann Manvel, Library Board
3. Edward Ted Johnson, Parks and Recreation Board.
Ordinance Adopted on First Reading Rezoning
Foothills Apartments on Shields Street
Following is the City Manager's memorandum on this item
"At its December 21, 1976, meeting the Fort Collins City Council,.
tabled Ordinance No. 99. This tabling was at the request of the:
petitioner. The Foothills Apartments -Shields Street rezoning
consists of 2.3 acres located on the west side of South Shields
Street between Stuart Street and Spring Creek. The requested -"
rezoning is from R-M, Medium Density Residential District, to
B-P, Planned Business District. At its December 6, 1976 meeting
the Planning and Zoning Board recommended for approval of this
rezoning."
Petitioner, Gene Fischer, spoke to the petition for rezoning. The
Director of Planning spoke to the Staff and the Planning and
Zoning Board's recommendation for approval.
Councilman Suinn expressed concern regarding this petition, and
the similarity to a previously denied request for rezoning for
similar uses.
Councilman Bloom made a motion, seconded by Councilman Bowling
to adopt Ordinance No. 99, 1976 on first reading. Yeas: Council -
members Bloom, Bowling, Russell and Wilkinson. Nays: Council -
members Gray, Reeves and Suinn.
Consider Certain Agreements with the Fort
Collins Housing Authoritv
Following is the City Manager's memorandum and`frecommendation
on this item:
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"This item was on the December 21, 1,976, Council meeting agenda.
Unfortunately, two of the agreements were omitted from the
agenda and were received by Council members too late for any
' substantive review; therefore, this entire matter was tabled
until this meeting. The enclosed package includes three
separate agreements: (1) the updated Management Contract for
the Low -Rent Housing Project; (2) the,Management Contract for
the Section VIII Housing Program, and (3) a new lease agree-
ment for the use of land where the present Housing Authority
Administration and Recreation Building is located. Also
enclosed are memos from John McCraw on the need for continuing
management and administrative services and a memo from
Lucia Liley, Assistant City Attorney, summarizing, the major
Doints in the three aforementioned contracts..
Council should recall that the City is reimbursed for all
expenses in connection with this project. Although the staff
of the Housing Authority is listed on our City payroll for
fringe benefit purposes, costs are reimbursed by the Housing
Authority.
Recommendation: The Administration recommends that the City
Council approve the three aforementioned agreements and authorize
the City Manager and City Clerk to sign the agreements on
behalf of the City."
Also included and made a part hereof is the summary of the
contracts set forth by Assistant City Attorney Lucia Liley:
"I have reviewed the proposed management contracts and the
lease agreement between the Housing Authority and the City and
have made some revisions to these. In their final forms, the
major provisions of each can be summarized as follows:
1. Management Contract - Low -rent Housing, Project
The Housing Authority has constructed and owns fifty
dwelling units for rent to eligible persons and a
facility for the management and recreational aspects
of the project. This contract would be effective
January, 1977, and provides that:
a) City manage the project under the auspices of the
Director of Human Resources;
b) All management shall be according to policies of
the Housing Authority and the Authority shall have
access to all records of the City dealing with the
project;
c) City must annually submit a budget and operational
plan for Authority approval;
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d) City may use any office or other non -dwelling,
facilities for municipal purposes with Authority
approval;
e) City would collect all rents and other income
and supervise the maintenance required by the project;
f) City must initiate, sponsor and coordinate speci-
fied social service activities needed by the tenants;
g) City shall be responsible for it's employees,
shall observe principles of non-discrimination and
affirmative action and shall pay specified minimum wage;
h) Authority shall pay the City the sum of $1368.31
per month for its management services in addition to
any other payments specified in the contract;
i) The term of the contract is one year with automatic.
annual renewal and with the ability to terminate the
contract on 60 days notice or upon sale of the project ._
by the Authority or upon non-performance by the City.
Lease Agreement
The lease agreement between the Authority and the City
has these major provisions:
a) The City will lease to the Authority the piece
of property upon which the management and recreational
facility of the Housing Authority is located.
b) Rent is $1.00 Der year.
c) Term is forty years with a ninety day cancellation -
provision.
d) Housing Authority will Drovide hazard insurance, pay
any taxes on property and,be responsible for maintenance
and repair.
e) If the Housing Authority desires to charge the
public for the use of its facilities, it must get Council
approval to do so. .
f) On expiration of lease, all Housing Authority facili-
ties will become sole property of the :City.
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3. Management Contract - Section 8 Housing
This contract is very similar to the first management
' contract for the low -rent housing project. The major
differences are as follows;
a) The City must enter into contracts with the owners
of the Section 8 housing and housing assistance payments
will then be paid to selected eligible tenants as per
these contracts.
b) The City will receive from the Housing Authority
the sum of $1,536.22 per month for administrative services
rendered in accordance with this contract."
Councilmembers inquired into specific areas of the contracts
and expressed the following concerns:
1. Complaints regarding the poor maintenance of the 50 units
owned by the Housing Authority.
2. The automatic renewal clause in the contract.
3. The need to keep administrative costs down as low as possible.
4. The need to provide for evaluation of the outcome of the
' program, specifically the administrative counseling.
5. The need to meet with the Housing Authority to discuss the
issues raised this evening.
Councilwoman Gray made a motion, seconded by Councilman Suinn
to adopt the recommendation of the Administration. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and
Wilkinson. Nays: None.
Other Business
City Attorney March requested Council go back to the agreement
with United Bank regarding Stagecoach Subdivision. He inquired
if Council would consider acceptance of the agreement and the
signing of it if the figure is changed from $5,000 to $10,000.
Councilman Russell made a motion, seconded by Councilman Bowling
to approve the agreement with the United Bank and authorize the
Mayor and City Clerk to execute the agreement on behalf of the
City contingent upon the changing of the $5,000 figure to
$10,000. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves,
Russell, Suinn and Wilkinson. Nays: None.
' The Mayor then declared the Council meeting adjourned,
178
ATTEST:
City Clerk
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