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HomeMy WebLinkAboutMINUTES-01/18/1977-RegularJanuary 18, 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 18, 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, Russell and Wilkinson. (Secretary's Note: Councilwoman Reeves arrived later in the meeting.) Absent: Councilman Suinn. Staff Members Present: Brunton, DiTullio, Lansnerv, Bingman, MCDill, Parsons, Kaplan, Deibel, Holmes and Lewis. Also: City Attorney Arthur March, Jr. Minutes of the Adjourned Council Meeting of December 21, 1976, the Regular Council Meeting of December 21, 1976 and the Regular Council Meeting of January 4, 1977 Approved as Published Councilman Bloom made a motion, seconded by Councilman Russell _ to approve the minutes of the Adjourned and Regular Council Meetings of December 21, 1976 and the Regular Council Meeting of January 4, 1977 as published: Yeas: Councilmembers Bloom, Bowling, Cray, Russell and Wilkinson. Nays: None. Ordinance Adopted on Second Reading, Rezoning Foothills Anartments on Shields Street Following is the City Manager's memorandum on this item At the January 4, 1977, meeting the City Council adopted Ordinance Mo. 99, 1976, on first reading. 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 rezoning is from R-M, Medium Density Residential District, to B-P, Planned Business District." 180 Councilman Bowling made a motion, seconded by Councilman Bloom to adopt Ordinance No. 99, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling, Russell and Wilkinson. Nays: Councilwoman Gray. ORDINANCE NO. 99 , 1976 BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE TONING 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-M, Medium Density Residential District to B-P, Planned Business District for the following described property in the City, to -wit: A tract of land situate in the Northeast 1/4 of Section, 22, Township 7 North, Range 69 West of the Sixth P.M., Fort Collins, Colorado, which considering the East line of the said Northeast 1/4 as bearing S 00010'30" E, and with all bearings contained herein, relative thereto, is contained within the boundary lines which be-;ij. the Northeast corner of the Southeast 1/4 of ties > + Northeast 1/4 which bears S 00010'30" E 1323.35 feet from the Northeast corner of said Section 22, and run thence N 89036' W 256.00 feet along the centerline of West Stuart Street; thence S 00010130" E 403.82 feet' - thence S 89*44' E 255.99 feet to a point on the East line of the said Northeast 1/4; thence N 00°10'30" W 403.22 feet to the point of beginning. Introduced, considered favorably on first readin , and ordered published this 4th day of January A.D. 19774, and to be presented for, final passage on thel8th day of January, A.D. 1977. Mayor ATTESS j ty Clerk 181 1 1 I Passed and adopted on final reading this 18thday of January, A.D. 1977. ATTES Mrl ayo City Clerk First Reading: January 4, 1977 (Vote: Yeas: 4, Nays: 3) Second Reading: January 18, 1977 (Voter Yeas: 41 Nays: 1) Dates Published: January 9, 1977 and January 23, 1977 Attest: City C erk Ordinance Tabled on Second Reading Zoning the Suitts First Annexation ' Following is the City Manager's memorandum and recommendation on this item: "Ordinance No. 1, 1977, was adopted on first reading at the January 4, 1977, Council meeting. This ordinance provides for the zoning of 68.3 acres of land located on the south side of Poudre River between Highway 14 and Prospect Street to IP, Planned Industrial District Zoning. Mr. Suitts has agreed to dedicate the right of way along the Poudre River for the Trails Program. The City is also negotiating with Mr. Suitts to purchase a tract of land on this site for oven space. However, the owner has not received his appraisal at the present time. Until the appraisal is received, we cannot arrive at a final purchase nrice. The City Council indicated that it did not want this ordinance passed on second reading until the right of way or dedication on the Poudre River for the Trails Program and the acquisition of this additional property was accomplished. It is highly unlikely that this will be comnleted. before this meeting. The matter does, however, have to be brought up and officially tabled. Recommendation: The Administration recommends that if the final plats of dedication and acquisition on the property are not accomplished that Ordinance No. 1, 1977, be tabled until the February 1, 1977, meeting." 182 1' City Manager Brunton stated the final dedication is not complete at this time, therefore, he recommended tabling to February 1, 1977. (Secretary's Note: Councilwoman Reeves arrived at the meeting at this time.) Councilwoman Gray made a motion, seconded by Councilwoman Reeves to table the second reading of Ordinance No. 1, 1977 to February 1, 1977. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. Ordinance Adopted on Second 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 January 4, 1977, meeting, the City Council adopted Ordinance No. 2, 1977, on first reading. This ordinance provides for a required 1,500-foot separation by direct pedestrian access_ between day care centers in the R-M, Medium Density Residential District Zone." Councilwoman Gray made a motion, seconded by Councilman Bowling to adopt Ordinance No. 2, 1977 on second reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. ' ORDINANCE NO. 2 , 1977 BEING AN ORDINANCE AMENDING SECTION 118-43 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO USES PERMITTED UNDER THE ZONING ORDINANCE IN THE R-M, MEDIUM DENSITY RESIDENTIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT �> COLLINS: That Section 118-43A(8) of the Code of; the City of Fort Collins be, and the same hereby is, amended; -to read as follows: 183 "(8) Children's centers, provided that no children's center shall be permitted to lie located in this zoning district on property which is within one thousand five hundred (1,500) feet from any any existing children's center within the city. For the purpose of this pro- vision, the distance between an existing children's center and property on which a children's center is proposed to be built shall be measured in a straight line from the closest point on the boundary line of the property on which the existing children's center is located to the closest point on the boundary of the property on which the proposed children's center is to be located." Introduced, considered favorably on first reading, and ordered published this 4th day of January, A.D. 1977, and to be presented for final passage on the 18th day of January, A.D. 1977. 1 �r ATTES � Mayor City Clerk ' Passed and adopted on final reading this 18th day of January, A.D. 1977. ATTES Mayor City Clerk First Reading,: January 4, 1977 (Vote: Yeas: 7, Nays: 0) Second Reading: January 18, 1977 (Vote: Yeas: 6, Nays: 0) Dates Published: January 9, 1977 and January 23, 1977 Attest: City Clerk 184 Ordinance Adopted on Second Reading Relating to the City Arborist Following is the City Manager's memorandum on this item: "At the January 4, 1977, meeting the City Council adopted Ordinance No. 3, 1977, on first reading. At the present time the City Arborist position is employed by the City Manager. Under Ordinance No. 3, 1977, the City Arborist would be a division head supervising the Forestry. Division in the Parks and Recreation Department. The Forestry Division consists of four other persons." Councilwoman Gray made a motion, seconded.by. Councilwoman Peeves to adopt Ordinance No. 3, 1977 on second reading. .Yeas: Council - members Bloom, Bowling, Gray, Reeves and Wilkinson. Nays: Council- man Russell. ORDINANCE NO. 3 , 1977 BEING AN ORDINANCE AMENDING SECTIONS 109-1 AND 109-2 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE CITY ARBORIST BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 109-1 of the Code of the City of Fort Collins be, and the same 'hereby is, amended to read as follows: "§109-1. Creation of position of City Arborist. "The City of Fort Collins shall employ or contract for the services of a person to be known as the City Arborist, whose powers and duties are here- after specified. Section 2. That Section 109-2 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: 185 1 1 "§109-2. Powers and duties of City Arborist. ' The City Arborist shall be the supervisor of the Forestry Division of the Parks and Recreation Department. The City Arborist shall be responsible to the Director of Parks and Recreation in carrying out his duties. He shall have the power to promul- gate and enforce'rules, regulations and specifica- tions concerning the trimming, spraying, removal, planting, pruning and protection of trees, shrubs, vines, hedges and other plants upon the public right -of. -way of any street, alley, sidewalk or other public place in the city. Such rules, regulations and specifications shall be in writing and shall not be effective until approved by the City Manager. Copies of such rules, regulations and specifications shall be available to the public through the office of the City Clerk." Introduced, considered favorably on first reading, and ordered published this .9th day of January, A.D. 1977, and to be presented.for final passage on the.18th day of January, A.D. 1977. ATTEST ' .. City Clerk Passed and adopted on final reading this 18th day of January, A.D. 1977. ATTEST: Clerk First Reading: January 4, 1977 Second Reading: January 18, 1977 Dates Published: January 9, 1977 Attest: - City Clerk 186 ♦a J (Vote: Yeas: 6, Nays: 1) (Vote: Yeas: 5, nays: 1) and January 23, 1977 Ordinance Adopted on First Reading Amending the Traffic Code Relating to Traffic and Parking Meter Rates Following is the City Manager's memorandum on this item: "At its January 11, 1977, work session the Fort Collins City Council discussed the possible adoution of additional ordinances in the City of Fort Collins. One of the proposals was for the setting of the rates on parking meters. At the present time the rate is only 5 cents an hour. The Traffic Committee feels that this is a low sum for an hour's parking,.• They recommended that the rates be increased to 10 cents an hour and 5 cents for a half an hour. The new ordinance if passed by the Council will not become effective until April 1, 1977. This will give our traffic personnel time to change the dials or to convert the existing narking meters." Councilman Bowling made a motion, seconded by Councilman Russell to adopt Ordinance No. 4, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. Ordinance Adopted on First Reading Amending the Uniform Plumbing Code Relating to the Use of Plastic Drain Systems Following is the City Manager's memorandum on this item: "At its January 11, 1977, Council work session, the City Council unofficially authorized the consideration of this ordinance on first reading at the January 18, 1977, meeting. This amendment has been recommended by the Plumbing Code Committee of the Building, Board of Appeals. This amendment would allow the use of the ABS and PVC plastic drainage systems on all residential construction not more than two stories in height." Councilwoman Reeves made a motion, seconded by Councilman Bloom to adopt Ordinance No. 5, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays:. None. 187 1 1 J 1 1 Ordinance Adopted on First Reading Amending the Traffic Code with Regard to Traffic and Sneed Limits Following is the City Manager's memorandum on this item: "At its January 11, 1977, work session the Fort Collins City Council discussed several DroDosed additional ordinances in the City Code. One of the recommendations was to revise the speed limits in certain residential areas of the City. The code would be revised by substituting 25 miles Der hour for 30 miles per hour speed limits for all streets in the•City except where otherwise posted. Our arteiial and collector streets are posted. It is our feeling that we should try to control the speed as much as possible in the residential areas within the City limits. We are also concerned however, about the speed limits on streets where there are sneed limit postings." City Attorney March and Director of Engineering Services Roy A. Bingman stated the administration contemnlated Dosting the speed limits on the City Limit signs. Councilwoman Cray made a motion, seconded by Councilman Bowling to adopt Ordinance No. 6, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Cray, Reeves and Wilkinson. Nays: Councilman Russell. Ordinance Adopted on First Reading Assessing Cost of Improvements in Improvement District No. 70 Following is the memorandum from the City Manager on this item: "The City Council Dreviously-received a report from the City Engineer recommending that the improvements in District No. 70 (Swallow Drive from College Avenue west to the railroad tracks) be accepted. Pursuant to this report the Council passed a Resolution acceDting the improvements and scheduled a hearing date on the DTODOsed assessing ordinance." City Clerk Verna Lewis stated, for the record, that no Drotests or objections had been received. Councilman Russell made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 7, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. Ordinance Adopted on Zoning Ordinance to Additional New First Reading Amending Provide for an Transition Zone Following is the City Manager's memorandum on this item: "At the January 4, 1977, meeting the City Council received _a recommendation from the City Administration to consider a proposed amendment to the zoning ordinance to provide for a new T, Transition Zone. The purpose of this new zone is to provide 'a type of interim zoning _prior to the time when property is ready for development. Any property annexed to the city must be zoned within ninety days. This requires that the property owner request a designation before such owner is prepared to begin development or before ultimate development plans are known. It also requires that the City forecast the Droner development to such area before they are ready for development. At the time this matter was discussed with the .. Council, several examples of problems that could be alleviated_ were presented. The Administration recommended that this proposal be submitted to the Planning and Zoning Board for their consideration. At a special meeting on Thursday, January 13, 1977, the Planning and Zoning Board reviewed the proposed new amendment to the zoning ordinance. City Attorney Art March, Jr., explained in detail the ramifications and objectives of this amendment. After discussion, the Board recommended for approval of this Ordinance." Councilman Bowling made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 8, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None, Resolution Adopted Initiating Annexation Proceedings for the Horsetooth-South Mesa Annexation Following is the City Manager's memorandum on this item: "The.ordinance annexing -the area known asrthe Horsetooth-South Mesa Annexation was scheduled for this meeting. However, there was an error in the Resolution initiating annexation proceedings for this annexation. Therefore, the Resolution.and notice has been redone and is included in this agenda for adoption by the Council. This will result in the hearing on the ordinance being delayed until March 1, 1977." 189 1 1 1 Councilwoman Gray made a motion, secdnded by Councilwoman Reeves to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. RESOLUTION 77-2 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH THE INTENT OF THE CITY COUNCIL TO ANNEX CERTAIN AREA TO THE CITY WHEREAS, the property hereinafter described has had for more than three •(3) years prior to this date two-thirds (2/3) of its boundary con- tiguous to the boundary of the city of Fort Collins; and WHEREAS, the City Council of the City of Fort Collins desires to annex said area to said city. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: 1. That the City Council hereby sets forth its intent to annex the following described property, situate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the S 1/2 of .Section 26, Township 7 North, Range 69 'Test of the 6th P.M., Larimer County, Colorado, which considering the Scvth line of the ';E 1/4 of said'Section 26 as bearing N 89054' W and with a H bearings contained herein rol-:tive thereto which bears N 89 54' W and with all hearings con; ined herein relative thereto is contained within the bounaaCll Lines which be, in at a point which bears N 89054' W 38.','0 feeu from the SE corner of said SE 1/4, thence N 890541 W along said south line 604.82 feet, thence N 00005' W 230.00 feet, thence N 119 54' W 76.13 Feet, thence N 00054' E 106.01 feet, thence S 89055' W 120.00 feet, thence S 00054' W 335.66 feet, thence N 89054' W 1,801.79 feet to the SW corner of the SE 164 of Section 26, thence N 39054'84" V 366.30 feet, thence N 00 06'55" E 660 feet, thence S 89 54134" E 366.30 feet, thence N 00006'56" E 917.48 feet, thence S 89049105" � 1,625.48 feet, thence S O1012125" W 21.23 feet, thence N 88 33'38" E 987.72 feet, thence N 88032'01" E 49.3 feet, thence S 02019' W 226.61 feet, thence N 8954' W 456.09 feet, thence S 02 05' E 250.00 feet, thence N 89°54' W 36.50 feet, thence S 00 05' E 335.05 feet, thence along the arc of a 15 foot radius curve to the left a distance of 23:51 feet, Ae long chord of which bears S 44059'30" E 21.18 feet, thence N 89 54' W 74.95 feet, thence S 00°05' E 309.21 feet, thence S 88042' E 188.67 feet, thence N 8803g' E 41.02 feet, thence N 63 41'30" E 176.28 feet, thence N 48 25130" E 157.56 feet, thence S 00 05' E 602.61 feet to the point of beginning, containing 89.1517 acres, more or less. 190 2. The City Council hereby adopts as a part of this resolution the notice attached hereto and establishes as the date, time and place when it - will hold a hearing to determine if the proposQd annexation complies with the provisions of tl.e laws of the State of Colorado the date, time, and place set forth in such notice and directs the City Clerk to publish a copy of this resolution and said notice as provided in C.R.S., 1973, Section 31-8-108. Passed and adopted at a regular meeting of the City Council held this 18th day of January, A.D. 1977. ATTEST: City Clerk - NOTICE - TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a resolution of intent to annex certain real property more par- ticularly described in said resolution, a copy of which precedes this notice. --- THAT for more than three (3) years more than two-thirds (2/3) of the boundary of said territory has been contiguous with the boundary of the City of Fort Collins. THAT on March 1, 1977, at the hour of 5:30 o'clock P.M., or as soon thereafter as the matter may come on for hearing, before the City Council in. the Council Chambers of the Citv Hall of the City of Fort Collins at 300 LaPorte Avenue, Fort Collins, Colorado, the City Council will hold a hearing upon said resolution for the purpose of determining and finding whether said territory 191 1 projK:sed to be annexed meets the applicable re4uirements of Colorado law and is eligible for annexation. At such hearing; any person living within the area proposed to be annexed, and any landowner of lands therein, and any - resident of the City of Fort Collins, and all other interested persons may appear and present such evidence as they may desire. City Clerk . Secretary's Note: Additional discussion on this item was allowed by the Mayor as follows: Mr. Jerry Nix, 1705 Heatheridge Road, requested that the Council zone the property upon the second reading of the annexation ordinance to H-B Highway Business as not to do so would present a hardship to the owner of the property. City Attorney March suggested that Council could schedule the hearing on the zoning on the College Avenue frontage at the time of second reading of the annexation ordinance. The rest might take a little longer. Council supported the recommendation. Resolution Adopted Initiating Annexation Proceedings for Brune Annexation Following is the City Manager's memorandum on this item: "The Brune Annexation consists of 14.45 acres located on the north side of Horsetooth Road immediately east and contiguous to the Strachan Fourth Annexation which was annexed to the City on second reading at the January 4, 1977, Council meeting. At the December 21, 1976, meeting, the Council adopted Ordinance No. 101, 1976, on first reading, annexing the Strachan Fourth Annexation. This was a 7.1 acre tract which was part of a larger tract which was eligible for involuntary annexation. The Council decided to accept the voluntary annexation by ordinance, but further requested the Administration to take the necessary legal steps to involuntarily annex to the City the remaining property. ESYIA s Zoning of both of these pieces of property was discussed at the January 10, 1977, Planning and Zoning, Board meeting. Zoning recommendations will be submitted to the Council at the February 1, 1977 meetins*. Involuntary annexation is consistent with the City's overall annexation policv. Since this property is not completely surrounded, we have to have an official public hearing prior to passage of the annexation ordinance. The enclosed Resolution establishes the public hearing at 5:30 p.m., Tuesday, March 1, 1977. We will provide the advertising and preparation of the necessary zoning ordinance for the City Council after the annexation matter is comnleted." Councilwoman Cray made a motion, seconded by Councilman Bloom to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: LIone. RESOLUTION 77-3 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH THE INTENT OF THE CITY COUNCIL TO ANNEX CERTAIN AREA TO THE CITY WHEREAS, the propery hereinafter described has had for more than three (3) years prior to this date two—thirds (2/3) of its boundary contiguous to the boundary of the City of Fort Collins; and WHEREAS, the City Council of the City of Fort Collins desires to annex said area to said city. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: 1. That the City Council hereby sets forth its intent to annex the following described property, situate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the South 112 of Section 25,- Township 7 North, Range 69 West of the Sixth P.M., Larimer County, Colorado, which considering the South line of said Section 25 as bearing N 89°45'30" E and".with all bearings contained herein, relative thereto, is contained within the boundary lines which Begin at a point on the said South line which bears N 89 45130" E 980.00 feet fromAhe South- 193 1 west corner of said Section 25, and run thence N 00"14'30" W. 205.83 feet, thence along the arc of a 460.00 foot radius curve to the left, a distance of 183.47 feet, the long chor$ of which bears N 11 40'05" W 182.26 feet, thence N 2.3 05'40" W 114.42 feet, thence along the arc of a 494.77 foot radius curve to the right a distance of 97.08 feet, the long chord of which bears N 17028'25" W.,96.92 feet, thence S 89002'00" E 77.02 feet, thence S 77054'30" E 78.95 feet thence S 63017'00" E 196.06 feet, thence S 77005'30" E 168.21 feet, thence N 85026'00" E 58.98 feet, thence N 67037'30" E 143.55 feet, thence S 85014'00" E 87.48 feet, thence S 690 2410211 E 595.64 feet, thence S 62036'30" E 381.80 feet, thence S 69 12'30" E 100.05 feet, thence S 750OW 3Q" E 241.23 feet, thence S 89045'30" W 1883.55 feet to the point of beginning. Containing 14.4555 acres, more or less. 2. The City Council hereby adopts as a part- of this resolution the notice attached hereto and establishes as the date, time, and place whAn it - will hold a hearing to determine if the proposed annexation complies with the provisions of the laws of the State of Colorado the date, time, and place set forth in such notice and directs the City Clerk to publish a copy of this resolution and said notice as provided in C.R.S., 1973, Section 31-8-108. Passed and adopted at a regular meeting of the City Council held =- this 18th day of January, A.D. 1977. ATTEST: City Clerk NOTICE _ TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of City of Fort Collins has adopted a resolution of intent to annex certain real property more particularly described in said resolution, a copy of which precedes this notice. 1 194 T THAT for more than three (3) years more than two-thirds (2/3) of the boundary of said territory has been contiguous with the boundary of .. the City of Fort Collins. THAT on March 1, 1977, at the hour of 5:30 o'clock P.M., or as soon thereafter as the matter may come on for hearing, before the City'Council in the Council Chambers of the City Hall of the City of Fort Collins at 300 LaPorte Avenue, Fort Collins, Colorado, the City Council will hold a hearing upon said resolution for the purpose of determining and finding whether said territory proposed to be annexed meets the applicable requirements of Colorado law and is eligible for annexation. At such hearing, any person living within the area proposed to be annexed, and any landowner of lands therein, and any resident of the City of Fort Collins, and all other interested persons may appear and present such evidence as they may desire. City Clerk Resolution Adopted Approving Bylaws and Rules of Procedure of the Planning and Zoning Board Following is the portion of the City Manager's memorandum on this item: "New Bylaws have been prepared for the Planning and Zoning Board and"apnroved by that Board. Before these,,`,can become effective, Council approval is necessary." Councilwoman Reeves expressed her desire that "terms of _ people chairing the committee should be limited" and . is one of "the criteria in the Boards and CommissionsManual is that new leadership should be constantly emerging within the Boards." 295 Councilman Bloom made a motion, seconded by Councilman Bowling to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. RESOLUTION 77-4 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING BY-LAWS AND RULES OF PROCEDURE FOR THE PLANNING AND ZONING BOARD WHEREAS, the Planning and Zoning Board -has prepared and approved revised by-laws and rules of procedure for said Board; and WHEREAS, the Planning and Zoning Board has submitted the revised by-laws and rules of procedure to the City Council for its zEpproval; and WHEREAS, the City Council has received such by-laws�and rules of procedure and desires to approve the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FO'_:T COLLINS that the by-laws and rules of procedure for the Ci-y of Fort Collins Planning and Zoning Board presented _o the City Council be, and the same hereby are, accepted and approved. Passed and adopted at a regular meeting of the City Council held this 18th day of January, A.D. 1977. ATTEST: Mayor C'rty clerk: 196 1 ty City Grants Management Procedure Following is the City Manager's memorandum on this item: "Attached for your information is an administrative grants management procedure which has been developed with staff over the past two months. The purpose of this procedure was to formalize our grants detection and administrative process to insure maximum grant participation (when cost .justified) and to improve the admini- stration of all grants the City is awarded. No action is required by Council concerning this procedure, however, improvement suggestions are certainly welcomed." The procedure_ is_ inserted herewith and made.a_par_t_of_these_minute;: GRANTS MANAGEMENT PROCEDURE The following diagram represents the grants coordination procedure and outlines responsibilities and participants. This procedure must be followed when formulating grant applications as well as during the adminis- tration of any ongoing grant program. Activity Responsible Agency Grant Detection, Planning, Departnent Draft Proposal of Budget R Research Division Application Financial Review of Grant Proposal ) Fipance Department Administrative Approval � City Manager (Council Approval-I.f.Necessary) Transmittal of Grant i) Department Proposal to Agency A-95 Review (If Necessary) Approval of Grant 197 Contract Approved City Manager Council (if necessary) Distribution of Signed Approved Grant to Department & Research, City Clerk, Finance Administration of GrantDepartment--Budget & Research 1. Grant detection and initial draft requests are a combined effort of the Department and the Budget and Research Division. If a department wishes to prepare a grant application, this should be undertaken jointly with the Budget and Research Division. As City revenue sources become more stringent, it is essential that the City maximize its efforts in the area of grants procurement: 2. Before a grant is sent to any agency or the City Manager, it must be reviewed for fiscal consistency by the Finance Department. 3. Grant proposals may only he sent to grantee agencies after review and approval by the City Manager. 4. It is the responsibility of the grantee department to forward all necessary grant documents to an agency for consideration of ,., proposal. ,1 5. If .a grant is approved, steps 6 thru 8 must be followed. 6. The City Manager must execute the signed contract and may request Council approval if necessary. 7. Copies of fully signed and approved grant contracts must be on file with the City Clerk, Finance Department, and Budget and Research Division. This is a departmental responsibility. No financial transactions may take place -until, this procedure is completed. 8. Program administration of all grants is a responsibility of the' department. However, no financial drawdown or request for funds may be initiated without Finance Department approval. It will be the responsibility of the Finance Department to report all revenue receipts to departments on a timely basis. All grant closeouts should also be funneled through the _ Finance Department. Any major modifications in ongoing grant programs should be brought to the attention of the Budget and Research Division. * If a grant must be approved prior to its submission by City Council, a minimum of one week is required for City Manager review. 198 Council took no action on this item 9'ince no action was required. The Council requested that the administration apprise_the Council of any grant annlication being., applied for. Policy Statement - Role of Boards and Commissions in Relationship to Budget and Financial Administration Following is the City Manager's memorandum and recommendation: "This memorandum is intended to clarify the role of City Boards and Commissions in the area of budget and financial administration .pursuant to Council's January 10, 1977, meeting with the Parks and Recreation Board. We feel that this policy is applicable to all our Boards and Commissions and should be forwarded to them for their comment. Under Section III-2b of the City Charter, the City Manager is given the responsibility of preparing the "budget annually and submitting it to the Council," and is "responsible for its administration after adoption." Boards and commissions are established by ordinance (or resolution) as advisory to the City Council on various areas of City govern- ment. The� are not, however, advisory to the City Administration, although City staff serve as liaisons between the Council and these advisory grouns. Input of boards and commissions with regard to budgetary and financial administration is thus limited by both Charter and ordinance. Involvement of boards and commissions in the budgetary process should occur at the request of the Council and comments be reported to the City Council --not to the City Administration. There are two times during the budget review nrocess where this participation is appropriate: 1. During, nrebudget hearings with the City Council. (Scheduled during June 1 through June 15, 1977) 2. During Council review sessions of the Manager's submitted budget. (Scheduled for September 15 through November 30, 1977) Because it is the Administration's responsibility to nrenare and submit the initial budget to Council, it is inappropriate for Counciladvisory bodies to attempt to imnact this original document. A fter its submission to Council, however, innut'from those advisory groups is welcomed. Final adoption of the budget, however, remains a function of the City Council. 199 Similarly, with regard to setting rates for City services,. boards' and commissions' comments should be submitted during Council review of the Administration's proposals. Conies of the proposals will be submitted to the appropriate boards and commissions once they are received by Council. It is also Council's policv that input from a Board and Commission on any item is welcomed at any time during the year. Recommendation: That Council request all our City Boards and Commissions to review this policv and report back to Council concerning its implementation." No action was taken by the Council. Cedarwood Subdivision, Sixth Filing: Final Plat. Approved Following is the City Manager's memorandum on this item: "The Cedarwood Subdivision Sixth Filing is located on Deerfield Drive north of ?lest Lake Street. The proposal is to have 27 single-family lots on a 6.5 acre tract zoned R-L, Low Density, Residential District. The Planning and Zoning, Board recommended unanimously for the anproval of this -Subdivision subject to meeting certain conditions, ' all of which will be met." Councilman Bowling made a motion, seconded by Councilman Bloom to approve the Cedarwood Subdivision, Sixth Filing„ Final Plat. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. lication Accepted for Pawnbroker's License y Frank H. Bengford for 130 South Mason Following is the City Manger's memorandum and recommendation on this item: "The City Ordinance (Sections 73-68 through 73-71) requires that the Council approve the issuance of a Pawnbroker's License. Encicsed is the annlication from Frank H. Bengford together with other supporting documents and the report of the Police Department. Recommendation: The Administration recommends that the City Council approve the issuance of the license annlied for conditional upon nothing derogatory apnearing when the CBI renort is received." 200 f: Councilwoman Cray made a motion, seconded by Councilwoman Reeves to approve the recommendation of the administration. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. C & S Railroad.Lease for Storage Yard at Car Barns ADbroved Following is the City Manager's memorandum and recommendation on this item: "The City has for many years leased the area south of the car barns on Howes Street from the C & S Railroad as a storage area. Actually, there are different leases for different Dortions of the area in question. One lease which originated in March of 1920 is for the lot immediately adjoining the car barns on which a small shed extension is located. This is a lot 180' x 50' or a total of 9,000 square feet. The original lease in 1920 was for $66 per year and has been raised Deriodically since that date. In 1974, the rent for this lot was $165 per year and the railroad raised the rent to $260, which translates to 2.89 cents Der square foot. It is still a very desirable lease for the City. This revision was overlooked and not presented to the Council for__approval in 1974. Therefore, it is being presented at this time. Recommendation: The Administration recommends that the rent increa rider to the original lease increasing the rent to $260 Der year be approved and its execution by the City Manager authorized." Councilman Russell inquired if there was a Dossibility that the City could purchase this property.' Other Councilmembers inquired into the need to explore the needs of the City regarding Darking-- facilities on this site. City Attorney March and City Manager Brunton stated they would be meeting with the railroads and discuss this item with them. Councilman Russell made a motion, seconded by Councilwoman Reeves to approve the rent increase under the original lease with the Colorado and Southern Railroad. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. 201 1 Change in Assistant City Manager Position Following is the City Manager's memorandum on this item: "Effective January 19, 1977, I am appointing Paul A. Lanspery Budget and Research Director, as Assistant City Manager in place of Michael DiTullio, General Administratrive Services Director. At the present time this position is not listed as a job classi- fication in our Pay Plan. Since our last management study, the position was a special appointment by the City Manager with specific additional duties assigned to an existing department head. We are recommending that this position be included as a separate job classification. The reasons for this change are twofold: 1) to strengthen the office of the City Manager with a person without any line or operating responsibilities; and 2) to release the General Administrative Services Director of additional duties in an expanding department that requires more and more time. The annual budget and control of the budget are among the most important of the City Manager's responsibilities. In 1976, the position of the Budget Analyst and responsibility for the budget expenditures were technically in the Finance Department. However, these were moved to the City Manager's office unofficially in June, 1976, and ' officially in 1977. Many medium-sized Colorado cities have a position of "Assistant City Manager -Budget and Management Director." This individual works on the annual budget and budget control throughout_ the year, requiring extensive work with department heads on budget control and other related functions The Assistant City Manager represents the City Manager and/or the City on many occasions and is officially the Acting City Manager when the City Manager is out of the city. It should be clearly understood that, if the Council approves this new job classification, it would not be a new, additional position, but only a change in the title and duties of the Budget and Research Director.` The only additional cost would be the difference in uav ranges. At the present time the Budget and Research Director is listed at Range 35, $1305-1747; Paul A. Lanspery is presently at Sten F or $1747 Der month. For the Assistant City Manager position, we propose Range 42, $1601-2143, which presently includes the Finance and General Administrative Services Director. If the change is made, Paul would go to Sten of Range 42, or $1800 Der month for the remainder of 1977, an additional expenditure (including fringe benefit costs) of $784 in the 1977 budget. 1 202 1' The Department of General Administrative Services was created in 1974. The primary purpose of this Department is to provide those staff services that are common to most departments. Recently, several functions including Management Information Services and Personnel have required a significant amount of the GAS Director's time and direct input. In addition, such activities as the Equipment and Building Repair and Maintenance operations have experiencedtremendous growth over the past two vears, again requiring more and more direct supervision by the Director. Mike DiTullio has administered a very difficult and complex area while undertaking other Assistant City Manager assigned responsibilities in a competent and capable manner. Through this change in responsibilities, greater senior manage- ment efforts will be channeled into those areas critical to effective City administration." Councilwoman Gray made a motion, seconded by Councilwoman Reeves that Council approve the position of Assistant City Manager at pay range 42. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. Request to State Highway Commission Following, is the Citv Manager's memorandum and recommendation on this item: "The Colorado State Highway Commission will be meeting in Denver ' on January 28, 1977, to consider requests for projects for the coming year. The presentations to the Highway Commission are made by the various County officials. Release time is made for other PeoDle including City officials to speak briefly on the various topics. Larimer County has as its first priority the continuation of the four-laning of Highway 287 between Loveland and Fort Collins. Its second priority is to Proceed with the preliminary engineering, and construction of the Central Fort Collins Expressway. This is completely consistent with the City's priority position. It is important that we continue to support the continuation of the work on these and other projects. If we and other cities want work done on our highway system, the State is going to require additional funding. They have felt for some time that there is a need for an increase in the State gasoline tax to fund highway projects such asso:the Central Fort Collins Expressway. Even if it is approved,' the Central Fort Collins Expressway could take the next decade or longer to complete. Therefore, there is need for additional funding. •TYe City Council should consider either passing a resolution or endorsing a program asking our representatives to provide for -additional gas tax revenue for highway construction work. 203 Recommendation: The Administration recommends that the City Council approve as priority items of the City of Fort Collins the four-laning construction of 287 and the Central Fort Collins Expressway. It is further urged that the Mayor and City Admini- stration attend this meeting on behalf of the City. Other Councilmembers might want to be at this meeting. We are only officially before the group for approximately less than ten minutes with the City's time being a minute or two." Councilmembers expressed their desires for City/County cooperation as they make presentations to the Colorado State Highway Commission. Councilman Bowling made a motion, seconded by Councilman Russell to adopt the recommendation of the administration. "Yeas: Council - members Bloom, Bowling, Gray and Wilkinson. Nays: None. (Councilman Russell out of room.) Acceptance of Annual Report from the Liquor Licensing Authority Following is the Code section pertaining to this report: "§33-2. (E). The Liquor Licensing Authority shall make a report to the City Council at least annually setting forth the number of applications for licenses acted upon, the number of licenses granted and number denied, and any other actions taken by the Authority during the past year." Following is the Summary Report for 1976: LIQUOR LICENSING AUTHORITY SUMMARY REPORT - 1976 ACTION 1974 1975 1976 Regular Meetings 12 13 13 Special Meetings 0 3 3 3.2% Fermented Malt Beverage License Renewals 31 29 38 Liquor License Renewals 20 19 24 1 204 New 3.2% Fermented Malt Beverage License Applications 11 16 7 New Liquor Licenses 8 14 9 Special Events Permits 4 5 1 Transfers of Ownership 11 10 19 Expansions or Modifications of Premises 5 6 4 Registration of Manager 0 0 1 Violations Processed 4 13 33 Licenses Denied 2 0 1 Show/Cause Hearings 0 1 9 Suspensions or Suspended Suspensions 0 0 •5 Councilman Bloom made a motion, seconded by Councilman Bowling to accept the Annual Report of the Liquor Licensing Authoritv with appreciation. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves and Wilkinson. Nays: None. (Councilman Russell out of room.) Approval of Agreement to Purchase Property at 307 Mathews Following is the City Manager's memorandum on this item "At its December 21, 1976, meeting the City Council approved a lease agreement with DMA Plaza, Inc., for DroDerty located directly east of the existing DMA Plaza Apartments between the alley and Mathews Street. The land would be developed to provide for partial fulfillment of the parking requirements in connection with the new Library structure. At the same time the City Council authorized the Administration to proceed with the acculsition of the two pieces of private property on the southwest corner of Mathews and Olive. Before proceeding, however, the agreement required that "the validity of this lease agreement is expressly conditioned upon DMA Plaza, Inc., obtaining a variance from the Zoning Board of Appeals with regard to anv decrease in -the parking lot space." A high- 205 1 rise apartment for the elderly does riot require as many narking spaces as the normal multi -purpose residential project. Previously DMA Plaza, Inc., received a reduction in the overall parking requirements from 151 to 77 narking snaces. At its January 13, 1977, meeting the Fort Collins Zoning Board of Appeals approved a variance to DMA Plaza, Inc., requiring only 38 Darking spaces. This releases the 39 snaces east of the alley to provide for the combined parking lot. We have been negotiating for some time with Mike Donaldson to acquire his Droperty at 307 Mathews. The agreed upon Drice is $24,500 which is our appraised price." Councilwoman Gray made a motion, seconded by Councilman Bloom to approve the agreement for the purchase of the Droperty at 307 Mathews for 524,500. Yeas: Councilmembers Bloom, Bowling, Grav, Reeves and Wilkinson. Nays: None. (Councilman Russell out of room.) Various Easements and Deeds Accepted Following is the City Manager's memorandum on this item "(1)-"Easement for construction and maintenance of a power line from DMR Investments, on K-Mart property just off Drake Road to the west of service station property, for the purpose of setting, a vault and Droviding service to a proposed building near the service station at the corner of Drake Road and South College Avenue. Consideration: $1.00 (2) Street Dedication from Peoples Church of Fort Collins for the right-of-way radius at the northeast corner of Drake Road and Taft Hill Road, which was submitted by the Church in order to obtain a building permit. Consideration: None." Councilwoman Grav made a motion, seconded by Councilman Bowling to accept the above easement and dedication deed. Yeas: Council - members Bloom, Bowling, Gray, Reeves and Wilkinson. Nays: None. (Councilman Russell out of room.) Report from City Manager (a) City Manager Brunton reported that February 23, 1977 has been tentatively scheduled for the Boards and Commissions ' Appreciation Banouet at the Holiday Inn. 2Q6 (b) The Manager reminded the Council'of the DT2 Town "Ieetiny on January 29, 1977 at Blevins Jr. High School. (c) Public hearingson the City's Community Development money have been scheduled for the February 8, 1977 work session (d) The following meetings will be held and dates are to be established: 1. Meeting with the County Commissioners. 2. Meeting with the Housing Authority. 3. Meeting with the Municipal Judge. 4. Meeting with the City of Loveland to meet with the Airport Board. Report from City Council on Committees (a) Councilman Bloom reported on the CML Study Committee on Police and Fire pensions. - (b) Councilman Bowling announced that the Executive Board of the COG has established a permanent meeting time on the third Tuesdav of each month at the Coach House Inn at Greeley. Also, the Regional Meeting of Transport Policy Committee on Land Use will meet on Wednesday, January 19, 1977 at 7:30 p.m in Loveland at the offices of the *TCT;?CD., Councilman Bowling announced that the League of Women Voters will be conducting a public hearing on January 26 in Loveland at the First National Bank on their study group of the COG. (c) Councilwoman Gray reported the Fort Collins Public Foundation Executive Board had met to accept the deed from Flatiron Company. (d) Councilman Russell announced the PRPA will meet on January 20, 1977. Mayor Wilkinson declared the meeting adjourned until 7:15 p.m. • Citizen Participation (a) Andy Anderson, 1421 Skyline Drive, inquired.'into the referred Charter Amendments the Council would be submitting for the April, 1977 election. i:, 207 1 1 Mayor Wilkinson stated this item -.:will be on the February 1, 1977 agenda. (b) Karl Carson and Charles Hagemeister of the Fort Collins Centennial/Bicentennial Cotmnittee presented two official Colorado Centennial/Bicentennial Outdoor Plagues to the City; one is in recognition of_the Arboretum -Project and one is for the Lee Martinez Park Project. Resolution Adopted Accepting Improvements in Street Improvement District No. 69 Director of Engineering Services Rov A. Bingman spoke to the report of the City Engineer recommending that Council accept the improvements and initiate the procedures to assess the cost of the improvements. Councilwoman Gray made a motion, seconded by Councilman Bowling to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. RESOLUTION 77-5 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPT- ING THE IMPROVEMENTS IN STREET IMPROVEMENT DISTRICT ' NO. 69 ADOPTING THE REPORT OF THE CITY ENGINEER RESPECTING THE COST OF THE IMPROVEMENTS IN SAID DISTRICT AND THE SCHEDULE OF ASSESSMENTS AND ORDERING NOTICE TO BE PUBLISHED BY THE CITY CLERK OF THE ASSESSMENTS TO BE MADE IN SAID DISTRICT, ALL IN ACCORDANCE WITH THE ORDINANCES OF.THE CITY WHEREAS, the City Engineer has reported to the City Council that the improvements in Street Improvement District No. 69 have been completed and has recommended that the same= be accepted, and WHEREAS, the City Engineer has prepared a statement showing the whole cost of the improvements in said District and has further prepared an assessment roll, and ,WHEREAS, the City Council has reviewed such reports and desires to accept the same and advertise and give notice. of assessment in accordance with the Ordinances of the City. 1 208 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the report of the City Engineer regarding the completion of the improvements in Street Improvement District No. 69, be and the same hereby is accepted and the improvements in said district are hereby accepted by the City Council, and BE IT FURTHER RESOLVED that the report of the City Engineer regarding the whole cost of the improvements and the assessment roll be and the same hereby are accepted and = the City Clerk is directed to notify the owners of property to be assessed and all persons interested generally that such improvements have been completed and accepted. Such notice shall be made as required by the ordinances of the City. Passed and adopted at a regular meeting of the City. Council held this 18th day of January, A.D. 1977. Mayor ATTEST: City Clerk NOTICE TO: THE PROPERTY OWNERS IN STREET IMPROVEMENT DISTRICT NO. 69, AND TO ALL PERSONS INTERESTED GENERALLY, OF THE COMPLETION AND ACCEPTANCE OF THE IMPROVEMENTS IN SAID DISTRICT, THE TOTAL COST THEREOF, THE ASSESSMENTS TO BE MADE ON PROPERTY WITHIN SAID DISTRICT TO PAY THE COST OF SAID IMPROVEMENTS, AND THE DATE OF HEARING ON ANY OBJECTIONS THAT MAY BE MADE IN WRITING BY OWNERS OF SUCH PROPERTY. Notice is hereby given to the owners of .property to -be assessed within the limits of Street Improvement District No. 69, and to all persons interested generally, that the improvements in said district have been completed and accepted. 'l 0 9 1 Notice is -fur ther gi_v_en—that_the whole_cost_of_said— improvements, including the cost of collection, legal, advertising, engineering, financing and other incidentals is $894,522.78;;that the portion of said cost to be paid by. the City is $494,134.64, of which amount.$54,634.36 represents cost which would be assessed against the property except that the assessed valuation of some of the property does.not. allow this amount to be assessed; that the assessment roil showing the share apportioned to each lot or tract of land in the District is on file in the City Clerk's office and can be seen and examined at any time during normal business hours; and that any complaints or objections which may be made in writing by the owner or owners of property in the District and filed in the office of the City Clerk within 30 days from the publication of this.not ice will be heard and determined by the Council before the passage of any ordinance ' assessing the cost of such improvements; and that on Tuesday, 1 March 1, 1977, at the hour of 5:30 o'clock P.M. or as soon , thereafter as the matter may come on for hearing in the Council chambers of the City Hall, City of Fort Collins, Colorado, the City Council will hear such complaints and objections and determine the same and act upon an ordinance assessing the cost of such improvments. Dated at Fort Collins, Colorado this 18th day of January, A.D. 1977. . Ez L 0,1_1 City Clerk 210 Statement of Usage for Avery House Following is the memorandum of the Cultural Resources Director on this item: "It is the proposal of the Avery House Planning Committee that the following uses be allowed for Avery House: 1. Request a restoration permit and proceed with the interior restoration as monies permit. 2. The ground floor will be a living Museum furnished by the Poudre Landmarks Foundation with additional exhibits revolving from the Fort Collins Museum. Z A. Living room, dining room, study and music rooms to remain as is. B. Eliminate the present kitchen, leaving water and electricity stubbed in; this area then becomes a bedroom exhibit. 3. Second floor to be rented as office space; income from rentals to operate and maintain the building. Recommendation: At the January 18, 1977 meeting the Administration will make the recommendation: Avery house usage be approved as stated above." Councilmembers expressed the need to be selective in the rental of office space on the second floor. Councilman Bowling made a motion, seconded by Councilwoman Cray to adopt the statement of usage for the Avery House. Yeas: Councilmembers Bloom, Bowling, Cray, Reeves, Russell and Wilkinson. Nays: None. Additional Action on Lincoln Community Center Project Approved Following is the City Manager's memorandum and. recommendation of January 18, 1977 and the Progress Reporti and recommendation of January 10, 1977: "On January 10, 1977, the City Council received a report on the Lincoln Community Center. Another copy of this report with a few minor revisions is enclosed. Stearns=R'oper,, the architect, is preparing the working drawings at this time.' The present 211 1 1 project time schedule calls for documents by April 1, 1977. We these documents done by March 1 after. It is important that we and not getting in the base bid. general way to list these items. the completion of the contract have asked them to try to get or as soon as possible there - understand what we are getting The enclosed memo tries in a It is necessary at this time to approve the Second Amendment to the Architectural Service Agreement. The Second Amendment includes various exhibits including the cost estimate, project time schedule, and detailed list of materials and methods used in construction. No bidding contingency is included. The only contingency at the present time is one for construction change orders. The architects feel we should have some leewav and surplus in the base bid. The additive alternates could be added if the bids could come in under estimate. As the report indicates, we anticipate receiving the Ludlow trust funds for a women's club room or rooms. It is understood that the DAR. and other women's clubs will have priority for use —of the room, but in all other cases it will be first -come, first - served, based on the policv and regulations established by the City. In any case, it is imperative that we start to work on the Ludlow meeting room in the old library portion as soon as possible. Even with the extension of our gas allocation, we would need to be using some gas prior to the time that the major construction was finished. The previously submitted memo and attachments- explain this matter in more detail. Recommendation: The Administration recommends that the City Council approve the Second Amendment.tothe-Architectural Services Agreement. The Administration further recommends that the Council authorize the Administration to proceed with the remodeling_ of the present library." Following is the City .Manager's memorandum of the Progress Report on the Lincoln Community Center: "At its September 7, 1976, meeting the City Council voted to "start construction of an auditorium -art complex at a cost not to exceed S2.2-million." It was understood that the $2.2- million was not adequate to complete the project. Anv_ additional expenditures required would have to come from private or other sources. It was also understood that the total project would have to be a "viable project" at the time of completion and not reouire additional capital expenditures from public sources for an indefinite period. 212 A On September 21, 1976, a letter was Sent'to Dr. Karl Carson asking if his group could obtain $225,000 of private financing. On October 15, 1976, Karl E. Carson and Maurice 0. Nelson wrote a letter saving in part, "Our group is willing to commit itself to a goal of $200,000 from citizen sources." It is our under- standing that the citizen group has already raised approximately $70,000 to $80,000 and feel confident that the remainder can be raised when thev are assured the project is a reality. One minor problem is that the commitments are for a 3-year period. Besides the possibility -of shrinkage problems, the last payment of one -quarter of the total project commitments are not due until at least a vear after the final Davments are made to the various contractors. We feel we have adequate funding to take care of the interest charges. We have also applied for a $400,000 grant from the National Fndowment for the Arts. We have no assurance that this grant will be received. However, there seems to be a strong possibility that we will recieve some money from this source. It has been clearly understood for some time that the $2.2 million, or even $2.4 million, would not pay for the complete project as planned. The Reid Burton report of July, 1976, indicated that the total estimated cost of the project, including" new construction additives and remodeling„ would be approximately $2,530,395. In April, 1976, the Administration had estimated that the total project would cost $2,787',000. Since the September authorization to proceed, the architects and the Administration have been working on the preliminary drawings and on the complete design and development stage. For all intentional purposes, the design -development stage was completed by about the first of December, 1976. Since that time the architects have been working on the working drawings. At this stage it is necessary to approve the second amendment to the architect's service agreement. This second amendment revises the fixed limit of construction cost for the project and eliminates the bidding contingency. It is important that everyone understands what we are and are not getting in the fixed limit of construction cost budget. There is still the construction contingency in the budget for change -orders. However, because we are so close to the starting construction date, the bidding contingency and the inflation contingency have been placed in the base bids for the new construction and remodeling. The architects want it clearly understood that they still have an unofficial contingency or 'leeway in the base bid budget. However, in order to proceed with the design on a realistic basis, it is better to keep these things in the base bid. This leeway is needed for at least two reasons: 1) there is no assurance of how the bidding_ market will_'be at the time the bids are open; and 2) possibly more important, it is critical that we attempt to Drovide`"construction;items in the 213 budget that will have a relatively low operating and maintenance expense. The second amendment should be anproved by the City Council. This.includes three attachments --the cost estimate, the project time schedule, and the outline specifications. It also includes reference to the six drawings that define the design and development stage program. Listed below are the items that we will or will not be receiving in the fixed limit construction cost budget: 1. Auditorium - This will be an approximately 1,200-seat auditorium. There will also be a basement under the stage for storage and a rehearsal hall. However, this area gill have no plumbing, and just adequate stage equipment and lighting will be included. 2. Art alley (present auditorium)* - The present auditorium wi ayeralevei concrete oor. The doorways will be remodeled to accommodate this change in grade. However, none of the other items such as the heating, ventilation;. and air conditioning, will be included in the base bid. Also, the additional lighting, the decorating, and the equipment will not be included. 3. Multi -purpose room (presentgymnasium) - The multi -purpose room willhave eating, vent ation, and air conditioning. The base bid includes roof repair and painting. However, no painting or work under the bleachers is included in the base bid. 4. Dressin room area (present office and locker room area to to south o. the present auditorium)- This area wil receive, a separate heating_, ventilation, and air conditioning system and will be completed for use by the various conductors, guest artists, and stage performers. 5. General meetin room ( resent library) - This room is not inc u e in t e ase i t is contemplated that this room will be remodeled with the Ludlow Estate money. It is felt and hoped that the fixed limit of construction cost bids will come in under estimate. Therefore, provisions are made for alternates. Bids will be received on the following additive alternates: 1. Items required to complete the library conversion to meeting room use to the extent such items are not provided by the Ludlow funds. *The former Band Practice Room immediately east of the stage will be used as the art gallery. 214 2. Additional furnishings and theat;e equipment. 3. Hydraulic lift. 4. Completion of art exhibit area in the former existing auditorium space. 5. .Catering kitchen. We are also exploring the possibility, feasibility, and cost of adding additional entrance ways between the planned multi- use area and the art gallery area. This conceivably could be included in the base bid or as an additive alternate. There are several other problems in connection with this Droject. These include the availability of gas and the possible use of the Ludlow Estate money. At the present time we have a ga's-' allocation for the Lincoln Community Center (former Lincoln Junior High School) of 5,000 cfh. The former gas metering service for this area was terminated on February 20, 1976. It is required that the gas allocation be reutilized within - one year. We have been told that we can in all probability receive an extension. There is a request for a year's extension from February 20, 1976, to February 20, 1977. However, the Public Service Company does not like to give extensions of more than six months. It is not required that we utilize our entire gas allocation by that time, but only that we have at least one appliance connected to the metered gas. Therefore, it is critical that we expedite work on the remodeling of the general meeting room (former library) as soon as possible. We have been negotiating for some time with Mr. Leonard F. Banowetz, who is Vice President of the First National Bank and Trust Officer for the Ludlow Estate. In a letter dated December 17, 1976, Mr. Banowetz stated, "The Advisory Committee and the trustees are in agreement that, subject to court approval, we will provide the $75,000 together with their earnings to complete this facility as a meeting place for women. Although this area would be primarily known as a meeting. room for women, it will be open to all groups. However, the DAR will have first priority and will be allocated the room for the second Friday of each month from October through May. Other women's groups will have second priority for use of the room subject to, the City's reser- vation policy. Other groups including mixed'.and men's groups would -also be using this room. It is contemplated, that there will be a $10,000 trust fund from the Ludlow Estatel,.,the interest from which will assure the City of.revenue to eive 'the DAR free use of the facilities. All other groups would pay the_regular_ nominal feo tto Inver op_eratin_ pcosts. It is our understanding that -Mr. William Allen_ is petting a court annroval.o.f_ this trust account allocation to the City. 215 However, we feel it is imperative that we proceed on this project prior to final approval so that.we do not jeopardize our gas allocation. To do this we would initially have to use part of the Seven year Capital funds for this project. If, under the worst of conditions, Ludlow funds did not become a reality, we would have to come up with an alternate source of financing this area. This, however, appears to be a remote possibility. Enclosed is a memorandum listing the following three exhibits: Exhibit A is the proposed project time schedule; Exhibit B is the library area remodeling and specifications; aid Exhibit C is the proposed lbudget. The proposed budget includes some items that should be allocated to the major project. However, this work should be accomplished to utilize the library or meeting room Space. At the present time we are taking bids for a construction manager to complete the remodeling of the library area. Recommendation: At the January 18, 1977, meeting the Administra- tion will make the following recommendations: 1. That the Council approve the second amendment to the architectural services agreement. 2. That the Council authorize the Administration to proceed with the remodeling of the present library into the Ludlow .Memorial Room." Councilwoman Reeves inquired if the City Attorney was satisfied with the contract. City Attorney March stated he had no problem from a legal standpoint. Mavor Wilkinson stated he felt the cost was extremely high for painting, the precast wall panels and a maintenance problem. He also voiced opposition to providing electric wall heaters in each toilet and a unit heater in the corridor in the existing building. Councilman Bloom stated he did not feel he could "support the architectural service agreement for three major reasons: first of all, I am unsatisfied with the performance of the architects to date; I am also concerned with our ability to have a viable facility regardless of whether it is 2.2 or 2.4 million dollars, plus I think there is unanswered questions about parking and operating and maintenance costs. Also, permitting the architects to design a 2.4 million dollar facility when we've only 2.2 million dollars committed comes close, in my opinion, to irresponsibility." Councilman Bowling made a motion, seconded by Councilwoman Cray to approve the second amendment to the architectural services agreement with the changes as noted, (no painted sections, and the duct work being brought out into the lobby area, eliminating the electric heat). yeas: Councilmembers Bowling, Cray, Reeves, Russell and Wilkinson. Nays: Councilman Bloom. 216 a Councilwoman Reeves made a motion, seconded by Councilman Bowling that Council authorize the administration to proceed with the remodeling of the present library into the Ludlow Memorial Room. Yeas: Councilmembers Bloom, Bowling, Cray, Reeves, Russell and Wilkinson. Nays: None. Additional Action on City Hall Addition Following is the City Manager's memorandum and recommendation on this item: "At the January 11, 1977, work session, the City Council received a progress report on the City Hall addition. At the same time, Bill Robb, of Robb and Brenner, our architects, gave an extensive report on the schematical layouts of the project. Extensive architectural and staff time went into reviewing alternate plans . and layouts for this project. We have interviewed five firms to act as construction manager for this project. Because of many variables in the bids, we are = still working on the analysis and evaluating, the firms and checking references. We may have a recommendation at Tuesday's meeting. . If not, we would like to use a few minutes at the official meeting or special or adjourned meeting on Tuesday, January 25, to consider the approval of a construction manager. Recommendation: The Administration recommends that the City Council approve the general concept and plan as submitted to them on January 11 and authorize the architect to proceed further with the final design and concepts and working drawings." Councilwoman Cray made a motion,•seconded by Councilman Bloom to adopt the recommendation of the administration. Yeas: Council - members Bloom, Bowling, fray, Reeves, Russell and Wilkinson. Nays: None. Consider the Creation of a Special Citizens Tax Committee Following is the City Manager's memorandum,and recommendation on this item: "At the January 11, 1977, work session of the City Council, Mayor Wilkinson gave the Council a draft of an outline of a proposal for a Citizens Tax Committee. At the present time the City is considering a substantial increase in its electrical rates. This will also be followed by a recommendation for 217 increases in the water utility. Last year most of our fees and charges had to be revised\by necessity. Early in 1973, theCity Council adopted Ordinance No. 97, 1972, establishing a tax refund program for low-income elderly residents in connection with the City's portion of the property tax assessed. In 1975, Ordinance No. 15, was adopted establishing a program of refunding to certain oualified residents of the City certain amounts of their utility charges made by the City. In both cases these three funds were only eligible to senior citizens. The cost of this program has been funded through Revenue Sharing. At this time there is a need to analyze our entire financial structuring of the City. The purpose of thig special committee would be to analyze the existing tax structure of the City in order to achieve an equitv in balance in the current tax structure and to look for potential revenue sources for the future. This committee would also investigate the impacting, of the proposed future utility rate increases on the community, specifically, the low or fixed income people. It was the Mavor's suggestion that this committee consist of approximately seven people including one or two Council members. The City Staff would serve as resource persons and secretary to this group. Because of the extreme importance of a task of this type, I would work on this project along with Paul LanSpery and Ron Wood. This committee should report back to the Council prior to or during prebudget public hearings (from June 1 through June 15, 1977). After the report is completed the committee should be abolished with thanks and appreciation. Recommendation: The Administration feels that Mavor Wilkinson's suggestion to establish a Special Citizens Tax Committee is extremely important and recommends that the City Council consider its adoption." Mavor Wilkinson suggested a fist o£ proposed nersons to serve on; this commitee i.e., one Councilmember, one senior citizen, etc. Councilmembers stated they preferred to have broad base representa- tion and their desire to use the same criteria for seeking applicants as used for other Boards and Commissions. It was determined that aonointments could be made at an adjourned Council meeting, of February 8, 1977. Councilman Bowling made a motion, seconded by Councilwoman Cray that the Council solicit applications for this. committee with a cut-off date of February 3, 1977. Yeas: Councilmembers Bloom, Bowling, Cray, Reeves, Russell and Wilkinson. Nays: None. 218 S�? Consideration of City Action on Proposed Larimer County Policy Plan Following is the City .Manager's memorandum and recommendation on this item: "Recently all Council members were provided with a copy of the proposed Larimer County Policy Plan. This Plan was reviewed by the Planning and Zoning Board at a special work session, and they plan to send a letter to the Larimer County Planning Commission in regard to their suggestions on this proposed Plan. A meeting on this project will be held on January 20, 1977; 7:30 p.m., at the Poudre R-1 Administration Building_, Board Room. At a sn_ecial meeting on Thursday, January 13, the Planning and Zoning Board reviewed a proposed draft of a letter to .the Larimer County Planning Commission. Many suggestions were made; one concern was that we should face up to what type of county we want. No clear picture exists indicating where the County is headed. Also, guidelines for action should be strengthened. Although the Board received many recommended changes, they feel _ the letter and position of the City of Fort Collins should be _ one of cooperation. We should basically have the same goals and work together. Copies of the final letter that will be submitted to the County will he provided to the Council as soon as they are available. The Council may want to review this statment and/or take official action _Prior to the January 20th meeting. This item is on the Council agenda for discussion and any possible questions that may arise. Several members of the Planning and Zoning Board will be available. Recommendation: The Administration recommends that the Council - review and cuss the proposed Larimer County Policy Plan. The Council may want to refrain from taking, any official action until a joint meeting can be arranged with the City Council and Larimer County Commissioners. In any case, the Administration requests direction on how the Council desires to proceed." City Manager Brunton distributed a letter from the Planning and Zoning Board to the Larimer County Planning Commission regarding the plan. 219 1Y OF FORT CQLIiN$ P.O. Box 580 Fort Collins Colorado 80522 Telephone 303-484-42 NNING DEPARTMENT 18 January 1977 Larimer County Planning Commission P. 0. Box 1458 Fort Collins, Colorado 80522 Dear Members: The Planning and Zoning Board of the City of Fort Collins wishes to give its support to the Larimer County Planning Commission's efforts at developing a policies instrument for guiding growth in Larimer County. As the Planning and Zoning Board of the largest city in the county and containing roughly half the county's population, the Board members consider the development of a County Policy Plan to be of vital importance to the Fort Collins community. In the opinion of the Board, the development of the County Policy Plan provides an excellent opportunity for each jurisdiction to consider its long range goals relative to those of the other and then to cooperatively lay the groundwork necessary for mutually -supportive legislative decisions. 1 The Board wishes to re -enforce the Planning Commission's efforts to develop the County Policy Plan and intends its comments on the proposed January 7, 1977 draft of this document to perform a constructive service and to promote . the adoption of a meaningful and effective policies instrument. As you know, the Planning Board is completing the final stages of developing a statement of long-range Goals and Objectives to be used as a basis for the city's comprehensive plan. In that the planning programs of both the city and county are each at the important foundational stages, we have an excellent opportunity to coordinate our planning programs in order to strengthen our respective planning efforts. The Board has carefully reviewed the proposed Policy Plan and has met with County Planning Director Larry Timm who was helpful in explaining the document's history and answering general questions. We asked Mr. Timm to schedule the upcoming January 20 meeting between the Board and the Planning Commission in order first, to discuss face-to-face with the Planning Commission our specific concerns relative to the Policy Plan draft and, second, to discuss any comments you might have on the draft of Goals and Objectives for Fort Collins. In order to familiarize you prior to the meeting with the gist of the Board's major concerns, we are listing these concerns as follows: I. Taken as a whole the policy statements seem indefinite concerning the central issue of what should be the definition of balanced growth in ..the county. We believe that in order for the Policy Plan to accomplish its purposes as a guiding statement on physical development in the county, considerably more clarity is necessary concerning .the characteristics of the development 22Q 100% Recycled Bond 100% Recycled Bond Page 2 17 January 1977 Larimer County Planning Commission II pattern which the county seeks to encourage. As you know, considerable differences of opinion surround such questions as the extent and character of development between Fort Collins and Loveland, the use of agricultural lands for urban development, and the responsi- bility of.the county to promote the financial security of the private utility districts. In our opinion, the proposed Policy Plan is vague on such key issues and addresses them mainly through oblique statements on balancing private property rights with the public interest. We believe that the Policy Plan should certainly not be prescriptive, however, it also should not be neutral or non -committal. Inasmuch as the policies originally presented to the public did contain some specific measures and criteria, the deleting of this material in the revised document seems to indicate a lack of commitment to some of the original goals. Additionally, the Board is concerned that wording the policies in general terms could invite different interpretation from decision -makers, devel- opers, administrators, and the general public. Decision -makers, then, might use different criteria for evaluating different development pro- posals. This lack of consistency could be unfair to the developer and, the public. We do not believe this was intended and that more specific policies will aid the public and the developer. al the policy statement relegates the public interest to_ - of "nronerty riehts" and the Dromotion of private investment." In the opinion of the Board, this misplaced emphasis is perhaps the most questionable aspect of the Policy Plan and could lead to a.challenge as to whether or not the County may exercise its power in controlling land use if the community welfare as a whole is not the paramount concern. Although the Policy Plan is not a legal instrument, specific land use regulations are based upon policy guidelines and can be formulated only for the purpose of furthering the general welfare of the community., Although land owners and investors are members of the public, their interests do not necessarily represent the interests of the community as a whole. The first policy listed in the policies statement exemplifies the Board's concern: "Land use decisions should preserve the rights of property owners, while recognizing public responsibilities" (P.14). We feel that it is the public interest which should require emphasis, with other considerations having secondary importance. 221 P. Page 3 . 17 January 1977 Larimer County Planning Commission III. As a whole the policy statement seems to be an unclear guideline for urban development in unincorporated areas of the county. Addi- tionally, it appears to present an indefinite position on what is a ..rof orr.a ;nterntav hetween county and municipal Qrowth. In the opinion of the Board, the relationship of existing municipalities in the county to future development in unincorporated areas of the county is major concern. It is difficult to determine after reading the policies what is desired by the county. Is the city to furnish many of the services required by new development or will the new developments provide these services themselves, or will the county begin to enter the business of providing urban services? Does the county desire to remain predominantly agricultural or is it prepared to take on hundreds of acres being developed for urban uses? Can new development occur in a sprawling fashion throughout the county or must it be clustered? And what types of development can be considered "cluster development?" The plan mentions "urban service areas" around existing cities, but nothing is mentioned about the pattern of development, development standards or. the provision of utilities and other services. The plan indicates a concern in .avoiding increased costs to the county created by new devel- opment occuring in the county, but no mention is made of costs incurred by the city to provide parks, roads, street lights, etc. to new devel- opment occuring near but outside the city limits. The Fort Collins Planning and Zoning Board does not have as extensive an exposure to county problems and issues as does the County Planning Commission. However, this works to the Board's advantage in being able to focus on those particular aspects of the proposed Policy Plan which most directly affect the Fort Collins community. The Board is not interested merely in directing criticism, but rather in presenting its concerns and then in working with the Planning Commission to develop a more meaningful and improved policy statement. To a great extent, the future acceptance of planning as a method to better integrate diverse desires and needs into the development pattern of Larimer County depends on the acceptance and effectiveness of the County Policy Plan. It is toward your efforts to develop a successful policies statement that the Board offers its support. Sinc rely i'�'�- Planning and Zoning Board rBob Burnham, Chairman 222 i Councilmembers expressed their individual concern regarding the plan, the problems addressed in the letter from the Planning and Zoning Board, and their desire to endorse the letter requesting the County Commissioners to hear the concerns of the City. Councilman Bowling made a motion, seconded by Councilwoman Reeves that Council accept the letter and authorize the Mayor to sign on behalf of the Council. Yeas: Councilmembers Bloom, Bowling, Grav, Reeves, Russell and Wilkinson. Nays: None. This action was later clarified to mean that.the Mayor would send a cover letter to accompany the letter of the Planning and Zoning Board and endorsing it. Other Business 1. Councilwoman Reeves announced that Langdon Norris of the State Historic Preservation Commission will be in Fort Collins on January 27, 1977 at 4:00 p.m. in the Community Building on Mountain Avenue to give a presentation on restoration of historic commercial buildings. 2. Councilman Bloom requested the City Clerk to remind the City Manager that about mid October he had requested a report on duplication of efforts on human rights with the Greeley office opening for the state; this could be scheduled for the February 8, 1977 work session. Mayor Wilkinson also inquired into the procedures to follow if one wishes to file a complaint relating to unfaii labor practices, Adjournment Mayor Wilkinson declared the meeting adjourned. Mayor ATTEST: City Jerk 223