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HomeMy WebLinkAboutMINUTES-08/01/1974-Regular-2-7 L N 00 L^ U W W 1 1 August 1, 1974 COLNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government 5:30 P.M. Present: Council members Bowling, Fead, Reeves, Russell and Wilkinson. Absent: Councilwomen Gray and Preble. Staff members present: B?untoni DiTullio, Bingman, Kane, Parsons, Myatt, and Lewis. Minutes of the Adjourned Meeting of July 11,1974 Regular meeting of July 18, 1974 and Special Meeting of July 25, 1974, approved Mayor Fead stated all of the minutes had been distributed to the Council with adequate time for review. Councilman Russell made a motion, seconded by Councilwoman Reeves, to approve the minutes of the three meetings as published. Yeas: Council members Bowling, Fead, Reeves, Russell and Wilkinson. Nays: None. Ordinance adopted on second reading relating to Human Rights Dr. Leonore Tiefer, 1524 Westview Avenue,spoke to Section 5 of the Ordinance "Interfering with Operation of Ordinance Prohibited", specifically, the delays which might be involved if a complainant was threatened after making a complaint. Assistant City Attorney Myatt stated he felt the enforcement terms were clear under Section 7. "Enforcement". City Manager Brunton stated the ordinance would be monitored and if any problem areas were found, the administration would make recommendation for amendments to the City Council. Council members expressed their feeling that this was a good point and directed the administration to keep the Council apprised of any diffi- culties. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 40, 1974 on second reading. Yeas: Council members Bowling, Fead, Reeves, Russell and Wilkinson. Nays: None. 27 'I ORDINANCE NO. 40 , 1974 BEING AN ORDINANCE PROCLAIMING DISCRIMINATION IN HOUSING, EMPLOYMENT AND PUBLIC ACCOMMODATION UNLAWFUL, DEFINING TERMS, SETTING FORTH SPECIFIC ACTS AND CONDUCT WHICH ARE PROHIBITED, PROHIBITING CONDUCT WHICH DISCRIMINATES AGAINST OR OBSTRUCTS ANYONE ENFORCING THE PROVISIONS OF THE VARIOUS SECTIONS IN THIS ORDINANCE, ESTABLISHING PROCEDURES FOR THE ENFORCEMENT OF THIS ORDINANCE AND SETTING FORTH DETAILS IN RELATION THERETO WHEREAS, it appears to the City Council through the studies of the Human Relations Commission that examples of discrimination and intolerance exist in the City of Fort Collins; and WHEREAS, it is the City Council's firm belief that such discrimination and intolerance not only threaten the rights and privileges of the citizens of this community but also menace the institutions and foundations of a free and demo- cratic society; and WHEREAS, it is the City Council's firm commitment to do all in its power to eliminate prejudice, intolerance, disorder and discrimination in the community of Fort Collins; and WHEREAS, the City Council desires to give effect to the guarantees of equal rights contained in the Constitution and laws of this state and the United States and to encourage and bring about mutual self-respect and understanding among all citizens and groups in the City; and WHEREAS, the laws of both the State of Colorado and the United States make unlawful, discriminatory practices, but it is the observation of the City Council that the enforce- ment of such laws at times involves great delays which defeat'the purpose of such laws; and WHEREAS, the City Council is of the opinion that the adoption of an ordinance which defines and makes unlawful, certain discriminatory practices will help to eliminate discrimination and intolerance in this community and make available a speedy remedy therefore. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: 1 ME ' �eotxon l Definitions. The terms and phrases that fell �t have the meanings or are used in this ordinance in rame'_r rofeience or sense as hereinafter set forth: a. "City Manager" - The Chief administrative official of the City of Fort Collins, -including any person or persons aggginted or designated by him to carry out any or all of duties, obligations , rights, and powers appointed to the ity�Manager under this ordinance k?. "discriminate" and_ "Discriminate Against"; "Discrim- inatgry Reason° or "Reason of Discrimination" Under the �.: given circumstances, a person makes a limitation or specifi_- cation_ as to another because of the latter person's race, C-) color, religion, national origin, sex, or marital status or Ci7 kecause of the race, color, religion, national origin, sex, ;17 or marital status -of the other peison's friends or associates; aI Wq hese latter two terms "discriminatory reason or lfr§ason o€ discrimination" may be -used - hereinafter to have tfie €ollowing sense or meaning and at the same time save repeated -use of; 'based upon or because of the race, color, religion, national origin, sex, or marital status -of the §tS6r person, or because of the race, color, religion, Rational -origin, sex, or marital status of -such -other person's €riends or associates' Further, the foregoing terms will inET�ae "age between 40 and 65" when used in the area of opleyment under Section 3 of this ordinance. c. "Person" - Any individual, group, association, ration, joint apprenticeship committee, joint stook ny, labor union, legal representative (including but imited'to trustees, executors and administrators, I•company, partnership, receiver, trust, trustee, ee in bankruptcy, unincorporated organization), and legal or commercial entity or municipal governmental_ y or agency, further when one gender is used such as it may mean and include reference also to -"her" and euter "it". In addition singular use necessarily also leg- the plural. �. "complainant" - The person filing a formal charge gn eect}sation of violation of this ordinance. - - - --- e. "Respondent - The person being formally charged yjolation o €-this ordinance. - -- _ €. "employer" - $hall mean theCity. of Fort Collins or 2TIi' j61itiail _ subdivision or'boird, _ commission; -department srr'i�Mfdf16n hereof, and every person employing one or 'e empoyees within the City; but it dots not mean religious 29 organizations, associations or bureaus or agencies maintained ' by the United States of America or the State of Colorado except such organizations or associations supported in whole or in part by money raised by City taxation or borrowing. g. "Employment Agency" - Shall mean any person securing employment or, by any form of advertising, holds itself out to prospective applicants as able to secure employment, or able to provide information, intelligence, or service of any character concerning or purporting to promote, lead to, or consummate employment for the applicant with any person, other than itself, except it shall not mean any bureaus or agencies maintained by the United States of America or the State of Colorado. h. "Employment" - Shall mean any character of service rendered or to be rendered for wages, salary, commission, or other form of remuneration, and to use or engage any character of service rendered or to be rendered for wages, salary, commission or other form of remuneration. i. "Place of Public Accommodations" - Any educational, health, entertainment, business or other facility of any kind whose goods, services, facilities, privileges, or ' advantages are made available to the general public, or ' which receives financial support through solicitation of the general public or through municipal governmental subsidy of any kind. j. "Real Estate Transaction" - The sale, exchange, rental, or lease of any real property and also includes offering or listing of any real property for sale, exchange, rental or -lease. Section 2. Discriminatory Housing Practices Prohibited. a. No person for any reason of discrimination shall: 1. Refuse to negotiate for and/or engage in a real estate transaction with another person. 2. Discriminate against another person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection - therewith. 3. Refuse to receive from, or fail to transmit to, another person, a bona fide offer to engage in a real ' estate transaction. 1 1 1 4. Represent to another person that any real property is not available for inspection, or for a real estate transaction, when in fact it is so available. 5. .Fail, in the ordinary course of business, to bring a property listing to another person's attention, or to refuse to permit him to inspect real property under reasonable conditions. b. No person shall: 1. Publish or advertise, directly or indirectly, an intent to make a limitation or specification based on a discriminatory reason. 2. Use a form of application for a real estate transaction, or make a record of inquiry in connection with real estate transaction, for the purpose of making a limita- tion or specification based on a discriminatory reason; provided however, that it shall not be a discriminatory practice to have programs which provide opportunities for persons who have been the traditional targets of discrimina- tion, or to use a form or make a record of inquiry as above described for the purpose of required governmental reporting; this subsection shall not be construed so as to prohibit a person giving or being required to give his name. 3. Offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transac- tion, or in the furnishing of facilities or services in connection therewith. 4. Initiate, instigate, or participate in representa- tions, advertisements, or contacts within a block, neighbor- hood, or area designed to promote real estate transactions . therein on -the implication.directly or indirecty that changes have occurred or will or may occur in the composition thereof with respect to discrimination against the owners or occupants; or that such changes will or may result in lowering of property values or an increase in criminal or anti -social behavior or decline in the quality of schools in the block, neighborhood or area. c. A person or a representative of such person to whom application is made for financial assistance in connection with a real estate transaction, or for the construction, rehabilitation, repair, maintenance, or 4=rovement of real property shall not: 31 34 3z 1. Discriminate against the applicant. 2. Use a form of application for financial assist- ' ance or make or keep a record of inquiry in connection with applications for financial assistance, for the purpose of making a limitation or specification based on a discrimina- tory reason; provided, however, that it shall not be a discriminatory practice to have programs which provide opportunities for persons who have been the traditional targets of discrimination or to use a form or make a record of inquiry as above described cor the purpose of required governmental reporting; this subsection shall not be construed so as to prohibit a person giving or being required to give his name. d. No person for a reason of discrimination shall: 1. Provide unequal terms, conditions, privileges, and services to another person in regard to real estate ownership, rental, or leasing. 2. Use a threat communicated either by physical, oral, or written means of harm or injury to another person, his reputation, or his property to coerce such person to not buy, rent, or lease, or to discontinue ownership, rental, or leasing real estate. e. The following are exempt from the provisions of ' this section: 1. For the owner of an owner -occupied one -family or two-family dwelling; or housing facility devoted entirely to the housing of individuals of one sex, to restrict occu- pancy of such facility on the basis of sex of the proposed occupant and such owner or authorized agent can effectuate said restrictions by advertising or otherwise arranging for the occupancy of said dwelling. 2. A religious organization or institution may restrict its facilities of housing which are operated in connection with its religious activities to persons of the denomination involved if a bona fide religious purpose for such restriction exists. Section 3. Discriminatory Employment Practices Prohibited. It is a discriminatory employment practice and a violation of this section: a. For any employer, because of discriminatory reason,. to refuse to hire another or otherwise to discriminate , 32 3S_ 33 1 against any person with respect to the hire, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment except where -based upon a bona fide occupational qualification. b. For any employment agency to fail or refuse to classify properly, refer for employment, or otherwise to discriminate against any person relating to employment or prospective employment. Ic. For any labor organization to discriminate against CV any person; or to limit, segregate or qualify its membership 00 in any way which would tend to deprive any person of employ- U mentlopportunities or would limit his employment opportunities is or otherwise adversely affect his status as an employee or as an applicant for employment or would adversely affect his wages, hours, or employment terms, conditions or privileges because of a discriminatory reason. For any person to d./ use a threat communicated either by physical, oral, or written means of harm or injury to another person, his reputation, or his property to coerce such a person to not accept, or discontinue, employment. e: Except where based on a bona fide occupational .qualification for any employer, employment agency, or labor organization prior to employment or admission to membership to: 1. Elicit any information for the purpose of discrimination against any applicant for employment or membership. 2. Make or keep discrimination against any membership. a record for the purpose of applicant for employment or 3. Use any form of application for employment or personnel or membership blank seeking to elicit information for the purpose of discrimination. 4. Print or publish or cause to be printed or published any notice or advertisement relating to employment or membership indicating any preference, limitation, or specification based on a discriminatory reason. 5. Establish, announce, or follow a policy of denying or limiting through a quota system or otherwise ' employment or membership opportunities of'any group because of a discriminatory reason. 33 J:. `I 6'I . Utilize in the recruitment or hiring of indi- viduals any employment agency, placement service, training school or center, labor organization or any other employee referring service known by such person to discriminate; or 7. Intentionally utilize in the recruitment, hiring, upgrading, or promotion of any person any test which tends to discriminate; provided however, that it shall not be a discriminatory practice to have programs which provide opportunities for persons who have been the traditional targdts of discrimination or to use a form or make a record of inquiry as above described for the purpose of required governmental reporting; this subsection shall not be construed so as to prohibit a person giving or being required to give his name. �f. For any person seeking employment to publish or cause to be published any advertisement for employment with specification or limitation based upon a discriminatory reason; provided, however, that it shall not be a discrimin- atory employment practice for a religious organization or institution to restrict employment opportunities and advertise such restriction to persons of the religious denomination involved, if a bona fide purpose for such restriction exists. Section 4. Discriminatory Public Accommodation Practices Prohibited. No person shall: a. Deny or limit access to a place of public accommoda- tion or provide unequal terms, conditions, or privileges to a person because of a discriminatory reason. b. Use a threat communicated either by physical, oral, or written means of harm or injury to another person, his reputation, or his property to coerce such person to not utilize a place of public accommodation. C. Advertise or cause to be advertised a place of Public accommodation as being restricted on the basis of discriminatory reason; provided, however, that it shall not be a discriminatory public accommodation practice for a religious organization or institution to restrict use of its facilities and advertise such restriction to persons of the religious denomination involved if a bona fide religious purpose for such restriction exists. Section 5. Interfering with Operation of Ordinance Prohibited. No person shall: 34 1 1 1 a. Use a threat communicated either by physical, oral, or `mitten means of harm or injury to another person, his reputation or his property or discriminate against any person, or provide unequal terms, conditions, or privileges because he has entered into a conciliation agreement under this ordinance or because such other person has opposed a discriminatory practice or because he has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceedings, or hearing before anybody charged by law with the duty to hear complaints relating to problems of discrimination. N JO W W 1 1 P. Use a threat communicated either by physical, oral, or wr;i_tten means of harm or injury to another person, his reputation, or his property to coerce such person to engage ar= aidiscriminatory practice or other violation of this ordinance. Ic. Willfully obstruct, hinder, or interfere with the performance or the proper exercise of a duty, obligation, right, or power by the City Manager, the municipal court or any other official or body with duties, obligations, rights, and powers under this ordinance. A complaint for a violation of this section shall be processed in accordance with Sections 7 and 8 hereof - Section 6. City Manager May Appoint. Person to Assist in Enforcement- A person or persons may be appointed or designated by the City Manager to carry out any or all of the duties, obligations, rights, or powers under the provi- sions of this. chapter_ Such appointee shall have such job titles as designated by the City Manager. Section 7- Enforcement- a- Any person claiming to be aggrieved by a violation of this ordinance may, within 40 days of the alleged viola- tion, or 30 days after any complaint concerning the same =natter has been dismissed by another agency without a final judgment on the merits, whichever shall last occur, file a written complaint under oath with the City Manager- The complaint shall contain the name of the alleged violator, or set forth facts sufficient to identify such person, and include an outline of the material facts upon which the complaint is based and the date of the alleged violation_ In addition, the complaint shall state, if and as applicable, that any acts or conduct of the complainant were for the purpose of accomplishing the real estate transaction, employ- me==t objective, or public accommodation use in question, and, 35 - not for the purpose of harassment or entrapment of the ' person against whom the complaint is made. The complaint must also state: 1. Whether or not a complaint concerning this same matter has been filed with another agency; and 2. Whether any complaint concerning this same matter that has been filed with another agency has been dismissed without a final judgment on the merits. In the event that a complaint concerning the same subject matter has been previously filed with another public agency, the City Manager shall hold such in abeyance and take no action until such other agency has made a final judgment on the merits. If such other agency makes the final judgment on the merits, the City Manager shall dismiss the complaint. If such other agency dismisses the complaint without a final judgment on the merits, or waives jurisdic- tion, or if by mutual agreement the City is given jurisdic- tion, the City Manager shall proceed with an investigation pursuant to the provisions of subparagraph b. The City Manager shall furnish a copy of the complaint to the Respondent within 10 days after the complaint is filed. b. The City Manager shall promptly conduct a prelimin- ary investigation to determine whether the factual allegations of the complaint constitute probable cause to believe there has been a violation of this ordinance. If the City Manager determines that there is probable cause to suspect a viola- tion, he shall endeavor to eliminate the alleged violation by conference, conciliation, and persuasion. The City Manager is authorized to work toward conciliation agreements whereunder the alleged violation is eliminated and the complaining person is made whole to the extent possible. Neither the complaint, nor information gathered in the investigation shall be made public prior to the time a conciliation is reached, or the City Manager determines that he is unable to effectuate a conciliation. If such an agreement is reached, it will be signed by the City Manager, the coy,iplainant and the respondent. The agreement shall provi(:v for :;I-)ecific performance. It will not be necessary for the agreement to contain a declaration or finding that a violation has in fact occurred. It may also provide for the dismissal of the complaint without prejudice. The complainant and respondent shall be furnished a copy of the conciliation agreement. The terms of such an , agreement may be made public baz no other information relat- 36 ��� 1 ing to any complaint, its investigation and disposition, will be disclosed or made public without the consent of the complainant and the respondent.. C. If at any time the City Manager determines that the factual allegations are materially untrue,' he shall dismiss the complaint and take no further action thereon other than informing the complainant and the respondent that the complaint has been dismissed; which action shall inform the complainant and the respondent of the complainant's right of appeal and who has jurisdiction of the appeal. In the event the com- plainant is dissatisfied with the City Manager's decision to dismiss the complaint, the complainant shall have right to appeal such decision to the Human Relations Commission. Such appeal shall be perfected by filing a Notice of Appeal with the City Manager within 30 days of the complainant's receipt of the Notice of Dismissal which notice shall inform the complainant of his or her right of appeal and who has jurisdiction of such appeal. Should the Human Relations Commission reverse the decision of the City Manager and determine that the factual allegations of the complainant are materially true,.the City Manager shall pursue the complaint in the same manner as if he had found the allega- tions to be materially true. If the City Manager determines that the material, allega- tions of the complaint are true, but that a violation under this ordinance cannot be established, he shall dismiss the .complaint and notify the complainant and the respondent of such action, which notice shall inform the complainant of his right of appeal and who has jurisdiction of the appeal. In the event the complainant is dissatisfied with the decision to dismiss, made by the City Manager, the complainant shall have the right to appeal such decision to the Municipal Court by filing a Notice of Appeal in the Municipal Court within 30 days of the complainant's receipt of the dismissal notice. The Municipal Court shall either affirm or reverse the City Manager's finding of no -violation. Should the Municipal Court order the complaint be revised and prosecuted, a Municipal Judge other than the one making such order shall hear the case when it comes before the Court, for final disposition. In the event the City Manager is unable to effectuate an agreement through conference, conciliation, or persuasion, and he is of the view that a violation can be established under the terms of this ordinance, he shall file a complaint_ in the Municipal Court. Any disclosure or statements made by the person charged in the course of conciliation efforts will not be used in Municipal Court. 37 3-7 �4 ?J d. The City Manager may, on his own initiative, file a complaint pursuant to this section based on information and belief that a violation of this ordinance has occurred. In ' using such power, the City Manager may adopt specific standards or administrative regulations as to when the same will be relied on. The standards shall include that if and when the Power is used: 1. Any testing used was directly supervised by the City Manager; 2. Any testing has to be designed so as not to induce a person to behave in a manner other than his usual manner; and 3. No case shall be brought for the purpose of harassment; 4. The same time limits and procedures shall apply in the case of a complaint initiated by the City Manager as apply in the case of a complaint by a private person. Any such regulation shall be published by the City Manager and will not become effective until ten (10) days after publication. Section 8. Discrimination Actions in Municipal Court. a. The complaint shall make it clear whether the City ' Manager is invoking{and jurisdiction the police court powers of the Municipal Court or the civil powers and jurisdiction conferred by the terms of this section. 1. If the former, the action will be treated as a criminal proceeding with the burden of proof beyond a reason- able doubt and in all other respects as are other actions in Municipal Court. 2. If the civil jurisdiction is invoked, the violation must be proved by a preponderance of the evidence. The Court will adopt and follow procedural rules for disposi- tion of cases brought hereunder using, when applicable, the Colorado Rules of Civil Procedure or rules adopted by the Court which afford the parties substantially the same pro- cedural protections. i. Temporary Relief. The powers of the Court will include the power, on request of the City Manager after a complaint has been filed, to issue an order of injunction, requiring bond therefor, which restrains the respondent from doing or procuring any act tending to render 1 38 --- 39, ' ineffectual any order or decree which may ultimately be entered in respect to the complaint. Anything to the contrary notwithstanding anywhere contained in this ordinance, such temporary relief may be requested and granted even though no efforts have been made at conciliating the complaint. ii. Final Orders and Decrees. If the Municipal Court finds that no violation of this ordinance has occurred, an order will be entered to that effect, and the Court after a hearing may determine the amount to be assessed against the City or the bond if.the same has been required. Where -q the Municipal Court finds a violation of this ordinance has X occurred, it is granted the power to issue such orders as will carry out the purposes of this ordinance, including orders: W a. Requiring the defendant to cease and desist from the discriminatory practice. b. Providing for the sale, exchange, lease, rental, assignment or sublease of real property to a particular person. C. Requiring the defendant to pay back - pay for discriminatory termination of employment, layoff or denial of.promotion opportunity, make an offer of employment in case of discriminatory refusal of employment, make an offer of promotion in the case of discriminatory denial of promotion opportunity. d. Requiring that the defendant make available a facility of public accommodation in the case of discriminatory denial of the use of such facility; and e. Requiring reporting by the defendant as to his manner of compliance with the order or orders issued pursuant to this section. The Court may, for a period of up to three (3) months from the date of the order, require the defendnat to make, keep and make available such reasonable records to the City Manager as are relevant in assisting him to determine whether the defendant is complying with the order or orders of the Court. Section 9. All other sections, or parts of sections of the Ordinances of the City of Fort Collins, in conflict or inconsistent herewith are hereby repealed, provided, however, ' that any part, section or ordinance so repealed shall remain in effect and be applicable to all matters to which the same 0 'I is applicable prior to the effective date of this Ordinance; that the repeal of any section or parts of sections of the Ordinances of the City of Fort Collins shall not revive any other ordinance heretofore repealed or superseded. Section 10. If any part or parts hereof is for any reason held to be invalid, such shall not affect the remain- ing portions of this ordinance and each part hereof shall be considered a separate and distinct part and the Council hereby declares that it would have passed each part hereof independently of the other notwithstanding the invalidity of any other part or portion hereof. (Introduced, considered favorably on first reading, and ordered published this � day of A.D. 1974, and to be presented for final passagV on t e day of A.D. 1974. ATTEST: City Clerk �j�PaPas-sed and adopted /I , A.D. 1974. Assistant Mayor f on final reading this -4,21 day of 40 1 41> First reading: July 11, 1974 (Vote: Yeas: 6, Nays: 0) Second reading: August 1, 1974 (Vote: Yeas: 5, Nays: 0) Publishing Dates: July 16 and August 6, 1974 ' Attest: City Cler Ordinance adopted on second reading regulating Painting of House Numbers on City Curbs Councilman Bowling made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 42, 1974 on second reading. xYeas: Council members Bowling, Fead, Reeves, Russell and Wilkinson. u; Nays: None. U W �] ORDINANCE NO. 42, 1974 BEIND AN ORDINANCE REGULATING THE PAINTING OF HOUSE NUMBERS ON CURBS ON THE CITY STREETS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. No person shall paint or otherwise install house numbers on the curbs/of the City streets except as provided in this ordinance. Section 2. The Department of Community Development shall develop standard specifications for the painting of house numbers on the curbs on public streets. Such specifi- cations shall specify the size of any numbers to be used, the type of material to be used in applying such numbers to the curb and the color of the same. Section 3. Any person desiring to obtain a permit to paint house numbers on curbs pursuant to this ordinance shall make application for such permit through the department of community development on a form to be supplied by that department. Such form shall indicate the disposition of any proceeds realized from the painting of house numbers on curbs and the method of soliciting for such work. The Department of Community Development shall transmit such application to the City Council which shall grant or deny such permit upon such conditions as the City Council deems proper. In acting upon applications for such permit the City Council shall give first preference to organizations which will use the proceeds realized for charitable or ' eleemosynary purposes. 41 42 Introduced, considered -favorably on first reading, and , ordered published this llth day of July, A.D. 1974, and to be presented for final passage on the �,� day of A.D. 1974. ATTEST: City Clerk Passed and adopted on final reading this /.r74day of u e , A.D. 1974. Y - ATTEST: i City Clerk ' First reading: July 11, 1974 (Yeas: 6, Nays: 0) Second reading:August 1 1974 Vote gu (Yeas: 5, Nays: 0) Publishing Dates: July 16 and August 6, 1974 Attest: 1��/ Ciy- City Cler Ordinance adopted on second reading amending the Code, relating to Landmark Structures and Districts Councilman Wilkinson spoke in opposition to the 180 day notification period, because he does not feel that it is fair to the individual citizen to grant the right for the Commission to confiscate his property for six months. Council members Bowling and Reeves spoke in support of the above mentioned clause. Council member Russell had agreed with Councilman Wilkinson and ' finally conceded on the basis and ;.hat what the City pays is above market value. 42 ..f 43 Mayor Fead stated he had some of the same reservations, but that a com- promise had to'be reached for preservation of landmarks. Councilman Bowling made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 43,'1974 on second reading. Yeas: Council members Bowling, Fead, Reeves and Wilkinson. Nays: Councilman Wilkinson. ORDINANCE NO. 43, 1974 BEING AN ORDINANCE AMENDING CHAPTER 69 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO LANDMARK V STRUCTURES AND DISTRICTS KJ L^ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: (Section 1. That Section 69-5 of the Code of the City of Fort Collins be and the same hereby is amended to read as follows: "Section 69-5 Designation of Landmarks and Landmark Districts. ."Whenever in the opinion of the commission a structure or district meets the criteria of a landmark or landmark district the commission shall contact the owner or owners of such landmark or landmark district outlining the reasons and effects of designation as a landmark, and if possible, shall secure the owner's consent to such designation. If the commission is unable to personally contact such owner it shall be sufficient to send a written request for the consent to designation of such property by registered mail, return receipt requested, addressed to the owner of the property as shown on the most recent records of the Larimer County Assessor at the address shown on such records. Following such contact if the owner does not consent to such designation of the property the commission may proceed by officially adopting a resolution stating that the preliminary investigation by the commission indicates that the described property is eligible for designation as a landmark or landmark district, the reason the commission feels that it should proceed without the consent of the owner to such designation and scheduling a public hearing by the commission on the question of designation, hereinafter called a 'designation hearing' at a specified time, date and place and directing that ti,e cotic: of :caring be given as heroin!)elow described. In the evont the owner consents in writing to such designation, the commission may forthwith adopt a resolution recommendinq to the 43 .: - 44 City Council the designation of the landmark or landmark district without the necessity of further notice and without the review by the planning office required by Section 69-8 of this Ordinance." Section 2. That Section 69-14E of the Code of the City of Fort Collins be and the same hereby is amended by deleting from the second sentence of said subsection the words and figures "ninety (90) days" and by substituting therefor the words and figures "one hundred eighty (180) days". Introduced, considered favorably on first reading, and ordered published this llth day of July, A.D. 1974, and to be presented for final passage on the day of , A.D. 1974. ATTEST: City Clerk Passed and adopted on final reading this �,,��day of A.D. 1974. 7'^^""-. G rF}ayor ATTEST: � City Clerk First reading: July 11, 1974 (Vote: Second reading: August 1, 1974 (Vote: Publishing Dates: July 16 and August 6, Attest: City Clerk Yeas: 6, Nays: 0) Yeas: 5 , Nays: 0) 1974 I . I 1 1 � 5= Ordinance adopted on first reading designating ' the Linden Hotel as an Historic Landmark City Manager Brunton stated the Chairman of the Landmark Commission had contacted the owners of the properly and advised that that the 90 day provision might be extended to 180, and she had obtained their verbal consent on the matter. Chairperson, June Bennett, stated she had contacted Mr. McDowell, Quartermaster of the V.F.W. and also Mr. Vic Schilling, owner of the Avery House Carriage House and'had received permission from them to proceed, and that the owners of both properties would give the City written consent. .y1 Councilman Bowling made a motion, seconded by Councilwoman Reeves, to 00 adopt Ordinance No. 44, 1974 on first reading, subject to receiving L� written consent from the owners to the designation with the 180 day pro- vision. µ] Yeas: Council members Bowling, Fead, Reeves, Russell and Wilkinson. Nays: None. Ordinance adopted on first reading designating the Avery House Carriage House as an Historic Landmark 1 1 Councilwoman Reeves made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 45, 1974 on first reading subject to receiving written consent from the owners to designation with the 180 day provision. -Yeas: Council members Bowling, Fead, Reeves, Russell and Wilkinson. Nays: None. Ordinance adopted on first reading designating the Avery House as an Historic Landmark Councilwoman Reeves made a motion, seconded by Councilman Russell, to adopt Ordinance No. 46, 1974 on first reading. Yeas: Council members Bowling, Fead, Reeves, Russell and Wilkinson. Nays: None. Dedication deeds to widen the Right -of -Way. on Linden Street accented ,Director of Community Development, Roy A. Bingman, stated these deeds were requested in connection with the Linden Tech Center. Two deeds were required, (1) from the Buckeye Land and Livestock Company and (2) from Everitt Enterprises. Mr. Binggman stated because of an irrigation ditch on the west side of Linden Street, all of the additional right-of-way had to be acquired on the east side. 45 4s Councilwoman Reeves made a motion, seconded by Councilman Russell, to accept the two above mentioned deeds. Yeas: - Council members Bowling, Fead, Reeves, Russell and Wilkinson. Nays: None. Revised Easement of Drake Park Subdivision accepted in principle and referred to the City Attorney Director of Community Development, Ro; A. Bingman, identified the area in question and stated it involved the relocation of some of the internal easements in between lots. There is some question as to whether an ordinance will be required to vacate some of the existing easements, and heyrecommended that the revised easements be approved in principle and refer the matter to the City Attorney. Councilman Russell made a motion, seconded by Councilman Wilkinson, to approve the revised easements in principle and refer the matter to the City Attorney for the appropriate ordinance. Yeas: j Council members Bowling, Fead, Reeves, Russell and Wilkinson. Nays: None. Weekly and 10-ride Bus Ticket approved City Manager Brunton stated the Administration was working on a number of items to promote usage of the buses. The recommendation is for an -unlimited weekly pass for $2.00 and a 10-ride ticket for $2.00. Councilman Bowling spoke to a recent editorial regarding the bus system and stated the people of this community had voted for a bus system as part of the Capital Improvement Program. Mayor Fead stated Councilman Bowling was correct also in stating that the bus system is to provide a service and that this is an interim system. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to approve the fees as outlined.. Yeas: Council members Bowling, Fead, Reeves, Russell and Wilkinson. Yays: None. Installing Benches on City Sidewalks at Major Bus Stops approved Recommendation: The Administration recormnends that the Fort Collins City Council authorize the City Administration to work with the Point, and any other groups that are interested; to come up with specific recom- mentations as to types of benches, location of benches and other condi- tions with regard to this program. Councilman Russell made a motion, seconded by Councilman Wilkinson, that the administration handle this with the provision that before the benches are selected that the models be given to Council. for consideration. Yeas: Council members Bowling, Fead, Reeves, Russell and Wilkinson. Nays: None. 1 1 n . 46 47 Status Report on Seven -Year Sales Tax Capital. program City Manager Brunton gave a brief oral report on the charette on public meeting on August 13, 14, and IS. Mr. Brunton inquired whether Council wanted any additional information on any of the programs to advise him. Council members requested an outline of what will be presented by Barton- • Aschman and a timetable. No further action taken on this item. Louis Nelson of Nelson's 66 Service recipient of Merchant of the Month Award 00 Fire Inspector Dwight Lumbert presented the Merchant of the Month Award to Mr. Louis Nelsen for his efforts in Fire Prevention. U Ordinance adopted on second reading creating Sidewalk Improvement District No. 5 City Engineer, Don Parsons, stated the ordinance had been adopted on first reading on July 18,1974, subject to the administration coming to a mutual agreement with the affected property owners. The bike- way has been realigned in front of the Carpenter's and Stover's resi- -dences. Mr. Parsons -informed the Council that in order to provide the maximum space between the bike -walk and existing dwelling, the future street is proposed to be offset away from the residences; the 100' of - right-of-way will remain centered on the section line. City Manager Brunton responded to Council inquiries on snow removal on the bikepath, saying that on the major arterial streets, the City may have to buy some snow removal equipment. Councilman Bowling inquired of Mr. and Mrs. Carpenter and Mrs. Stover if they were satisfied with the compromise and were advised that they felt it was reasonable. The City Engineer stated bids would be opened on the project on August 2, 1974 with a completion date of October; it was hoped that the bike - walk could be made useable on one side of Shields Street prior to the open- ing of Rocky Mountain High School. Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 32, 1974 on second reading. Yeas: Council members Bowling, Fead, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE No. 32, 1974 BEING AN ORDINANCE RELATING TO THE CREATION AND ORGANIZATION OF SIDEWALK IMPROVEMENT DISTRICT NO. 5, AND PROVIDING FOR THE CONSTRUCTION OF IMPROVE- MENTS THEREIN S --47 WHEREAS, heretofore the necessary proceedings were instituted to create a special improvement district for the purpose of installing the improvements described on Exhibit ' "A" attached hereto,(hereinafter sometimes referred to as the improvements") for the benefit of the property described on Exhibit "A"; and WHEREAS, the City Council has received the necessary reports, given the required notice and held a hearing as required by the Ordinances of the City; and WHEREAS, the City Council is of the opinion that it is in the best interests of the City of Fort Collins to form said special improvement district. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That there is hereby created and organized an improvement district under and by virtue of the provisions of Chapter 16 of the Code of the City of Fort Collins, to be known as Sidewalk Improvement District No. 5 (hereinafter sometimes referred to as "the district") comprised of the property described on Exhibit "A" attached hereto. Section 2. That the improvements to be constructed shall consist of the improvements described on Exhibit"A" ' attached hereto, all as more fully set forth in the map,` ,plans and specifications heretofore submitted by the City Engineer and accepted by the City Council by resolution. Section 3. That the total cost of such improvements shall not exceed by more than five per cent .(5%) the City Engineer's estimate heretofore accepted of $209,928.12, exclusive of the expense of collection, legal, advertising, engineering, financing, interest during construction and other incidentals, and that said total cost together with such expense of collection, legal, advertising, engineering, financing, interest during construction and other incidentals (17% of the cost of such improvements) shall be assessed against the property in said district in the manner set forth on Exhibit "A" attached hereto in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins. Section 4.. That the City Council has, pursuant to notice duly mailed and published, all as provided in Chapter 16 of the Code of the City of Fort Collins, considered all complaints and objections made and filed in writing by the owners of any real estate to be assessed cur any persons interested; and the City Council further finds that all ' requirements of the ordinances of the City of Fort Collins EM M ' respecting the organization of the district have been observed and.compiled with in all respects; and it is hereby ordered that the improvements in the district as provided for in the map, plans and specifications heretofore adopted by the City Council be and they hereby are ordered to be constructed. Section 5. Upon the taking effect of this ordinance, the Mayor is hereby authorized and empowered to advertise for bids for the construction of.the improvements in accord- ance1with the map, plans and specifications heretofore adopted, which advertisement shall be twice published in an official newspaper published in the City. Said publications are to be at least a week apart, and the date_for opening of W bidsshall not be less than ten (10) days after first publica- tion, and bids received under said advertisement shall be W submitted to the Council for approval or rejection. Adver- tisements for bids shall comply with the requirements and be in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins. Section 6. When the improvements herein authorized have been completed and the same approved and acepted by the City of Fort Collins, the costs as set forth above shall be ' assessed upon the real property in said improvement district, all as hereinbefore set forth. Section 7. This ordinance shall be irrepealable until the indebtedness herein provided for, whenever the same shall be created, shall have been duly paid, satisfied and discharged as herein provided. Introduced, considered favorably on first reading, and ordered published this 18th day of July, 1974, and to be presented for final passage on the lst day of August, 1974. yor ATTEST: Citv Clerk Passed and adopted on final reading this lst day of August, A.D. 1974. 1 J� O /ay-o.--. 1 ATTEST: J✓/n/ city Clerk EXHIBIT A ORDINANCE NO. 32, 1974 SIDEWALK IMPROVEMENT DISTRICT NO. 5 A. Description of property specially benefited by the improvements to be installed in the district and to be assessed for the costs incurred in making said improvements: All lots and lands abutting upon Shields Street from Prospect south to Drake Road on the east side and from Prospect south to Rocky Mountain Way on the west side B,. Improvements to be installed in the district consist of: , The installation of sidewalks on Shields Street in the District. C. The cost of making the improvements in the district shall be assessed against the assessable property in the district as follows: Such costs shall be assessed upon all of the lots and lands abutting on the portion of Shields Street improved in proportion as the frontage of each lot or tract of land is to the frontage of all of the lots and lands abutting Shields Street in the district. First reading: July 18, 1974 (Vote: Yeas: 6, Nays: 0) Second reading: August 1, 1974 CVote: Yeas: 5, Nays: 0) Publishing dates: July 23 and August 6, 1974 Attest: 0 'City Cle 50 5t Hearing on Storm Sewer Improvement District 15, continued to August 15, 1974 ' City Manager Brunton and Director of Community Development, Roy A. Bingman, spoke to the negotiations with the railroad companies, the discussions with various property owners in the area and the revised estimates being worked on by the engineering division. Mr. Brunton stated the City staff would meet with various property owners during the week of August 5, 1974 to discuss the project, and recommended tabling of the hearing to August 15, 1974. Councilman Wilkinson made a motion, seconded by Councilman Bowling, to N continue the hearing on Improvement District No. 15 to August 15, 1974. Yeas: Council members Bowling, Fead, Reeves, Russell and Wilkinson. U Nays: None. Ordinance adopted on first reading Zoning the Horsetooth South Third Annexation This item had been tabled at .lie July 18, 1974 meeting. Councilwoman Reeves made a motion, seconded by Councilman Bowling, to remove this item from the table. ' Yeas: Council members Bowling, Fead, Reeves and Wilkinson. Nays: None. (Councilman Russell out of room) Director of Connamity Development, Roy A. Bingrnan, identified the area in question involving 17 acres located on the Southeast corner of Horsetooth Road and South College Avenue. Director of Planning, William Kane, reviewed the sequence of the petition; the petitioners had originally asked for H-B, Highway Business Zoning for the entire tract, the petition was then amended and received approval of the Planning and Zoning Board to have H-B, Highway Business Zoning for a depth of 600' on Horsetooth and B-P, Planned Business Zoning for the remaining portion. The Planning Staff felt that, pending further definitive determination of the entire zoning in the area, the easterly 732' should be zoned R-P, Planned Residential Zoning. Attorney Eugene Mitchell stated he felt the Council had adopted Plan "C" several months ago and should adhere to it as "an act of good faith". Councilwoman Reeves stated the plan, Plan "C" has never been adopted by the County Commissioners. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 35, 1974 with H-B and B-P zoning as requested by the petitioners. Yeas: Council members Bowling, Fead, Russell and Wilkinson. Nays: Councilwoman Reeves. 51 2. City Manager Brunton statod lie would send a letter to the County Commissioners requesting they consider some type of, formal recognition of Plan "C" as the master plan for the development of South College Avenue between Horsetooth and Harmony Road., Ordinance adopted on second reading annexing the Horsetooth South Third Annexation Councilman Bowling made a motion, seccnded by Councilwoman Reeves, to adopt Ordinance No. 34, 1973 on second reading. Yeas: 1 Council members Bowling, Fead, Reeves, Russell and Wilkinson. Nays: I None. ORDINANCE NO. 34, 1974 BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE HORSETOOTH SOUTH THIRD ANNEXATION TO THE CITY OF FORT COLLINS jWHEREAS, 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 provisions of Colorado Revised Statutes, 1963, Section 137-21-6 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 perim- eter 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 1 1 52 53 ' 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, 1963, Section 139-21-4, as amended, are violated by the annexation of this territory to the City, and WHEREAS, no election is required under the provisions x tr of Colorado Revised Statutes, 1963, Section 139-21-6(2), as W W amended, and no additional terms and conditions are to be imposed in connection with this annexation, and 1 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 tract of land situate in the Northwest 1/4 of the Northwest 1/4 of Section 36, Township 7 North, Range 69 West of the Sixth P.M., which considering the West line of the Northwest 1/4 of said Section 36 as bearing N 00029' W and with all bearings contained herein, relative thereto, is contained within the boundary lines which begin at the Northwest corner of said Section 36, and run thence N 89045130" E 1332.29 feet to the Northeast corner of the Northwest 1/4 of the Northwest 1/4 of said Section 36; thence S 00°28'30" E 627.98 feet; thence S 89°45'30" W 778.34 feet; thence N 10°-25' W 19.10 feet; thence N 03132' W 140.10 feet; thence S 89031' W 484.59 feet to the East right-of-way line of U.S. Highway 2871 thence N 00°05' W 100.00 feet along said Fast line; thence S 89*31' 11 59.21 feet to the West line of the 53 .54 Northwest 1/4 of said Section 36; thence N 00*29' ' W 371.60 feet along said west line to the point of beginning. be and it hereby is annexed to the Citv of Fort Collins and made a part of said City to be known as the Horsetooth South Third Annexation to the City of Fort Collins. Section 2. That in annexing said territory to the City of Fort Collins, the City 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 the territory hereby annexed except as may be provided by the ordinances of the City of Fort Collins. Introduced, considered favorably on first reading, and ' ordered published this 18th day of July, A.D. 1974, and to be presented for final passage on the 1st day of August, A.D. 1974. or ATTEST: Passed and adopted on final reading this 1st day of August, A.D. 1974. a r ATTEST: city Clerk 54 1 55 1 1 1 First reading:1 July 18, 1974 (Vote: Yeas: 6, Nays: 0) Second reading: August 1, 1974 (Vote: Yeas: 5, Nays: 0) Publishing dates: July 23 and August 6, 1974 Attest: 7� City Cleric—� No further action taken on removal of parking on Elizabeth Street in connection Bicycleway Program City Manager Brunton and Director of Community Development, Roy A. Bingman, reviewed the meeting held with the Campus West merchants. It isithe recommendation of the Administration, after exploring the various alternatives, that the staff proceed with the bikeway plan including the removal of parking on Elizabeth Street. Mr. David Massey and Mr. Paul Haumont spoke in opposition to the removal of the parking. Councilman Bowling again encouraged the merchants in the area to form an association to work on trying to find alternate services and stated the Council had already approved the removal of parking. Mr. Massey informed the'Council that the merchants had sought the sources of an attorney to take action to retain the parking. No further action taken on this item. Adjournment Councilwoman Reeves made a motion, seconded by Councilman Wilkinson,to adjourn. Yeas: Council members Bowling, Fead, Reeves, Russell and Wilkinson. Nays: None.