HomeMy WebLinkAboutMINUTES-04/01/1975-RegularApril 1, 1975
COUNCIL OF THE: CITY OF FORT COLLINS, COLORAD0
Council -Manager Form of Government
Regular Meeting - 5:30 P.M.
A regular meeting of the Cotuicil of the City of Fort Collins was held on
Tuesday, April 1, 1975 at 5:30 P.M. in the Council. ChLunber in the City
of Fart Collins City Hall.. Assistant Mayor Gray called the meeting to
order. Present: Cotumcil. members Bouding, Gray, Preble, Peeves, Russell
and Wilkinson.
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Staff members present: Banton DiTullio Li uin Bin � , , q , groan, Kaplan, Deibel,
(j Parsons, Hoffman, Cain and Lewis.
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Minutes of Adjourned Meeting of ;larch 11, 1975
and Regular meetint of March 13, 1975 approved
Council,,coman Preble made a motion, seconded by Councilman Wilkinson, to
approve the minutes of the adjourned meeting of M rch. 11, 1975 and regular
riceting of ;March 18, 1975 as published. Yeas: Council muibers Bowling,
Gray, Preble, Reeves, Russell and Wilkinson. Noy s: Kane.
' Ordinance adopted on second reading
amending Chapter 54 of the Code pertaining
to garbage, rubbish and refuse
ORDINANCE NO. 14 , 1975
BEING AN ORDINANCE AME-ff NG CHAPTER 54
OF TBE CODE OF TIT CITY OF FORT COLLINS
DE IT ORDAIRSD BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Section 54-3 and 34-4 of the Code of the
City of Fort Collins be, and the same hereby are, repealed.
Section 2. That Section 54-10 of the Code of the City of
Fort Coll :rs be, and the same hereby is, repealed.
T_ntroducEd, considered f:.vorably on first reading, and
ordered published this llth day of N(arch, A. D. 1975, and
to be pr<_•sented for fin Passage on the ist_ day of
A. D. 1975.
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A,;O`XI
ATTEST:
City Clerk
1ayor �/
Passed and adopted on final reading this 1st day of
April A. D. 1975.
�-i.l�.r D../�
ATTEST: T1yoi Assistant j
'City Clerk
First reading: March 11, 1975 (Vote: Yeas: 7, Nays: 0)
Second reading: ;Aril 1, 1975 (Vote: Yeas: 6, Nays: 0)
Dates published: i+tarch 16, 1975 and April. 6, 1975
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Attest:
City Clerk
Ordinance adopted on second reading
refunding Utility Charges made by the
City
Councilwoman Reeves made a motion, seconded by Councilwoman Preble, to adopt
Ordinance No. 1S, 1975 on second reading. Yeas: Council members
Boiling, Gray, Preble, Reeves, Russell and Wilkinson. Prays: None.
ORDINANCE NO. is , 1975
BEING AN ORDINANCE ESTABLISHING A PROGRAM
OF REFUNDING TO CERTAIN OUALIKED RESIDENTS
OF THE CITY CERTAIN MOUNTS ON ACCOUNT OF
UTILITY CHARGES MADE BY THE CITY
BEAT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS-
Section 1.' Declaration of Purpose. There ,is hereby enacted
a utility refund program to provide relief from City utility
bills for Lora income elderly residcats V the City. It is the
purpose of this program to refund amounts representing a portion
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of utility bills charged by the City to low income elderly
residents. This program, is intended to apply to both qualified
owners of property residing in the same who have paid the utility
bills for such property and to lessees of property for which such
utility bills have been paid.
Section 2. Application for Refund. The application for
a utility bill refund shall be the same application as that used
to apply for a tax refund under the provisions of Chapter 106 of
the Code of the City of Fort Collins. In order to qualify for
such refund the application must be filed within the time limits
prescribed by Chapter 106 of the Code of the City of Fort Collins
ate and the applicant must have the qualifications therein set forth.
Section 3. Amount of Refund. The amount of refund payable
hereunder shall be $25.00 per year, which amount shall be refunded
Wat the same time as the tax refund made pursuant to said Chapter
106..
Section 4. Additional Requirements. In order to qualify
for the refund hereunder, in addition to meeting the qualifica-
tions required in Chapter 106 of the Code of the City of Fort
Collins, the following requirements shall be met:
A. All utility bills for the property occupied by
' the applicant must be paid current.
B. The property occupied by the applicant must receive
water, sanitary seiner and electric utility service from the City
of. Fort Collins.
Section 5. Refund Payable from General Fund. All refunds
made pursuant to this ordinance shall be paid from the General
Fund of the City.
Section 6. The provisions of Section 106-5 of the Code of
the City of Fort Collins shall apply to refunds paid pursuant to
this ordinance.
Section 7. Rules and Regulations. The Director of Finance,
with the approval of the City :tanager, shall have the power to
formulate and promulgate rules and regulations for the administra-
tion of this utility bill refund program, not inconsistent with
the provisions of this. ordinance.
Introduced, considered favorably on first reading, and
ordered published this ltth day of March A. D. 1975,
and to be presented for zinal passage on the Ist— day of
April A. D. 1975.
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ATTEST:_
City Clerk
Passed and adopted on final reading this ist day of.
April , A. D. 1.975.
AT ES t ay , Assis
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(:4,- C.
k Ckyou
First reading:
March 11,1975
CVote:
Yeas: 7, Nays: 0)
Second reading:
A)ni.l 1, 1975
CVote:
Peas: 6, Nays: 0)
Dates published:
Diarch 16, 197S
and April 6,
1975
AtteLt:
City Clerk
Ordinance adopted qn second reading amending
Section 96 of the Code relating to Elections
and rental of Pollan; Places
Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to
adopt Ordinance No. 17, 1975 on second reading. Yeas: Council mer.:beis
Bowling, Gray, Preble, Reeves,and Wilkinson. Nays: Councilman Russell.
ORDINANCE NO. 17, 1975
BEING AN ORDINANCE; AHE%DING SECTION 9-6
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO ELECTIONS _
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
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.That Section. 9-6 of the Code of the City of Fort Collins
be, and the sane hereby is, amended by deleting therefrom the ,
words and figures, "'twelve Dollars ($12.00)" and by substituting
therefor the words and figures, "Fourteen Dollars ($14.00)."
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Introduced, considered favorably on first reading, and
ordered published this ]lth day of March , A.D. 1975,
and to be presented for final passage on the 1st day of
April . A.D. 1975.
ATTEST
i—
i
City Clerk
Passed and adopted on
Apri.1 A.D. 1975.
ATTEST:
City Clerk
final reading this 1st day of
First reading: March 11, 1975 (Vote: Yeas: 6, Nays: 1)
Second reading: April 1, 197S (Vote: Yeas: S, Nays: 1)
Dates published: Qrd1_16 and.Apri16, 1975
City Cleric
Ordinance adopted as amended on second
reading amending the zoning and sign
Codes
City Attorney Kirch stated there had been reaction to the ordinance
regarding the part dealing with bannersand pennants. The specific.
concern is the effect on window displays.
Councilman Russell. made a motion, seconded by Councilman Wilkinson, to
M. Amend Section 1 of Ordinance No. 18, 1975 to read as follows:
"Section 1. That Section 1im n (2) of the Code of the City of
' Fort Collins be, and the same hereby is, amended to read as follows:
"(2) Window displays incorporating placards, pennants,
merchandise, pictures or models of products or services."
2. Amend Section 6 of Ordinance No. 18, 1975 by adding the word "outside"
between the worts "as" and "signs" in the first line of subsection)
of the amended Section 118-97."
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Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and
Wilkinson. mays: None. '
Cotmci:lutan Russell made a motion, seconded by Councilman Wilkinson, to adopt
Ordiatance No. 18, 1975 as amended on second reading. Yeas: Council
mer:;oers Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: Anc.
ORDINANCE; NO. 18. 1975
BEING AN ORDINANCE ANENDENG SECTIONS 118-11
118-91, 11S-93, 1109S, 11S-96, 118-97 and
118-98 OF THE CODE OF THE CITY OF FORT
COLLINS RELATING TO ZONING AND SIGNS
BE IT ORDAINED BY THU COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Section 118-11B(2) of the Code of the City of Fort
Collins be, and the same hereby .is, amended to read as follows:
"(2) Window displays incorporating placards, pennants,
merchandise, pictures or models of products or
services."
Section 2. That Section 118-91 of the Code of the City of Fort
Collins be, and the same hereby is, amended by adding thereto an additional
subsection F as follows:
"F. One (1) identification sign per entrance to ,
the property identifying a subdivision or
housing project, provided such sign does not
exceed thirty-five (35) square feet in area
per face and has only indirect illumination."
Section 3. That Section 118-93 of the Code of the City of Fort
Collins be, and the same hereby is, amended by changing part (2) of sub-
section B thereof to read as follows:
"(2) For that portion of a building fascia which
exceeds two hundred (200) feet in length, the
maximum sign area permitted shall be equal to
one (1) square foot of sign area for each
lineal foot of building fascia length over
such two hundred (200) feet. The sign area
permitted hereunder shall be in addition to
the sign area permitted under Subsection B
(1) above."
and by chancing part (3) of subsection B of said section to read as follows:
11(3) Who" either the suns on a group of properties
planned as a unit under the unit development '
provision: K this chnptcr or the sins on a single
property arc linited to individually outlined
letters or script mounted on a building fascia
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(signs witnout backing) and/or one (1) ground
' sign per street frontage, the permitted square
footage of signs allowed in Subsections B(1)
and (2) above may be increased to two and one-
half (2-1/2) square feet and one and one-half
(1-1/2) square feet respectively."
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Section 4. That Section 118-95 of the Code of the City of Fort
Collins be, and the same hereby is, amended by changing subsection C of
said section to read as follows:
"C. Freestanding signs shall comply with the
folloW ng requirements with respect to size,
height and location:
REQUIREMENTS FOR FREESTANDING SIGNS
Distance From Maximum Height Maximum Size
Street Right -of- Above Grade Allowed Per
Way Line (feet) (feet) Side (square
feet)
0 10 20
S 12 30
10 14. 40
15 16 SO
20 18 60
25 20 70
30 22 8o
35 24 90
40 24 100
45 24 110
SO and more 24 120
The maximum size for ground and freestanding signs
shall be one hundred twenty (120) square feet per
side. No such sign shall be built within fifteen
(15) feet of any interior side lot line."
Section S. That Section 118-96 of the Code of the City of Fort
Collins be, and the same hereby is, amended to road as follows:
"Section 118-96. Projecting Signs.
"A. Signs projecting over private property shall not
project more than six (6) feet from the face of
the building nor beyond the minimum required
building setback for the zone in which located.
Such signs shall not exceed fifteen (15) square
.feet per face.
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"B. No sign may project over a public right-of-way '
in any district, except that signs eight (8) feet
or more above grade may project up to forty-eight
(48) inches from the face of the building if the
total area for such signs is the lesser of one (1)
square foot of sign for each lineal foot of
building frontage upon which such sign is dis-
played, or twelve (12) square feet per face.
In addition., flush wall signs at least eight (8)
feet above ground level may extend up to twelve
(12) inches beyond the building fascia at the
base of the sign."
Section 6. That Section 118-97 of the Code of the City of Fort
Collins be, and the same hereby is, amended to read as follows:
"Section 118-97. General Regulations.
"The following rules shall apply with respect, to signs
in all districts under this chapter:
"A. All signs shall be located on the premises to
which they relate, and all exterior signs shall
be permanent :in nature, except for "for sale"
or "for rent" signs which shall not exceed six
(6) square feet in a residential zone and which
shall not: exceed thirty-two (32) square feet in
ail other zones.
"B. Signs shall not contain more than three (3) cabinets
or modules. Individually outlined letters or logos
(signs without backing) mounted on a wall shall not
be construed as individual modules or cabinets.
"C. Flashing, moving, blinking, chasing or other
animation effects are prohibited on all signs,
except time and temperature signs.
"D. Revolving signs are prohibited except that re-
volving displays which do not exceed seven (7)
revolutions per minute and which ale limited in
size to a distance not to exceed two (2) feet
measured perpendicular to the axis of rotation
shall be allowed. Such rotating displays small
be engineered to maintain rotations not to exceed
seven (7) revolutions per minute under a wind load
of thirty (30) pounds per square foot.
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"E. Rooftop signs and all other signs which project
' above the fasci❑ wall, portable signs, tent signs,
strings of light bulbs not permanently mounted
on a rigid background used in connection with
commercial premises for commercial. purposes
(other than traditional holiday decorations),
posters and mind driven signs (except banners
and pennants) shall be prohibited in all zones.
"F. Signs shall be engineered to withstand a wind
load of thirty (30) pounds per square foot.
"G. Outside signs with lighted backgrounds shall not
be permitted below six (6) feet above grade unless
� located fifteen (15) feet or more from the public
WQ right-of-way. Copy and logos on signs below six
W (G) feet must utilize internal illumination of
letter faces and/or logos only, or may be flood-
lighted.
"H. Signs which identify businesses, goods or
services no longer provided on the premises
shall be removed within ninety (90) days after
such business ceases, except that billboards
made nonconforming by this section shall be
governed by the provisions of Section 118-98
of this Article relating to the termination
of nonconforming signs.
"I., Copy on signs other than the principal name
or principal business activity shall be limited
to ten percent (100) of the background area,
except in the case of changeable copy signs.
"J. fanners and pennants shall not be used as/outside signs
in any zone, provided that any person who
desires to make use of banners and pennants
in connection with a special event: may apply
to the City Zoning Administrator for a specific
permit to allow the use of such signs for a
limited period of time not to exceed ten (10)
days. The Zoning Administrator shall grant
such permit for the use of banners and pennants
in locations in which the Zoning Administrator
determines will not cause unreasonable annoyance
or inconvenience to adjoining property owners
or other persons in the area, and upon such
conditions as the Zoning Administrator deter-
mines necessary to protect adjoining premises
and the public. In the event any such permit
is granted, the person applying for the permit
shall remove the banners and pennants erected
pursuant thereto on or before the time the
permit expires."
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Section 7. That Scc.t:ion 11S-93 of the Code of the City of Fort '
Collins be, and the same hereby is, amended by deleting therefrom sub-
section C thereof and by renumbering subsection D thereof to subsection C.
Introduced, considered favorably on first reading, and ordered
published this llth day of ',larch _, A. D. 1975, and to be presented
for final passage on the 1st day of Apri.I A.D. 1975.
City Clerk
Passed and adopted on f.innl reading this ]st day of
Ahn I , A. D. 1975.
A'1'TI?ST: Dla ol, Kssistair'+-
City'Clerk _
First reading: March 11, 1975 (Vote: Yeas: 7, Nays: 0)
Second reading: April 1, 1975 CIote: Ycas: G Nays: 0)
Dates published: 19arch 16 and April 6, 1975
Attest:
Citv Cleric
Ordinance adopted on second reading
amending Ordinance No. 5, 1915 relating
to Traffic Control Si_-onals
Councilman Russell made a motion, seconded 1)1- Councilman Wilkinson, to
adopt Ordinance No. 19, 1975 on second reading. Yeas: Council me,-ibers
13oi;ling, Gray, Treble, Reeves, Russell and Wil:inson. Nays: None.
ORDIA'ANCF. NO. 19, i97S
IIEINC AN' ORDI:Ni&Cli !;?iEt`D1 :G OIZDIi•;P.NCE NO. S, 1975
BE IT ORDAINED BY TIT. COUNCIL OF THE CITY OF PORT COLLIidS: '
That Ordinance No. 5, 1975, bo and tho sc7::e hereby is amended
by deleting; therefrom the follui:,ing %yords and figures:
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"Section 118-86B''
And by substituting therefore the following words and figures:
"Section 114-86E3''
Introduced, considered favorably on first reading, and ordered
published this 71th day of March , A.D. 1975, and to be
presented for final passage on the Ast day of April , A.D., 1975
ATTEST: /
City Clerk
Passed and adopted on final reading this 1st day of April
A.D. 1975.
ATTEST:
City Clerk
First reading: March 11, 197S (Vote: Yeas: 7, Nays: 0)
Second reading: April 1, 1975 (Vote: Ycas: 6, Nays: 0)
Dates published: March 1.6 and April 6, 197S
Attest: r'
ity Clerk
Ordinance adopted on second reading relating
to Plant Investrcnt Pecs for the ':'ater Utility
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to adopt
Ordinance No. 21, 1975 on second readin^. Yeas: Council members Bowling,
Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
193
ORDINANCE NO. lr 1975 '
BEING AN ORDINANCE AKEiNDING SECTION 112-64
OF THE CODE OF THE CLTY OF FORT COLLINS
RELATING TO PLANT INVESTMENT FEES FOR THE
WATER UTILITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Thai Section 112-64 of the Code of the City of Fort Collins
be, and the same hereby is, amended by deleting therefrom the
schedule contained :in Subsection A of said section and by sub-
stituting therefor the following schedule, to -wit:
"Size of Tap
at Main
Exclusive of
Demand for
Fire Protection
(inches)
Metered Users
Plant
Investment Fee
3/4
$750.00
1
1,250.00
1-1/2
2,380.00
2
3,800.00
3
7,130.00
4
11,930.00
6
25,890.00
Flat Rate Users
Plat
Investment Fee
$650.00
1,080.00
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Introduced, considered favorabl on first reading and ordered
published this 18th_ day of ?March , A.D. 1975, and to be
presented for final passage on the e Esjay of April
A.D. 1975.
ATTEST:
i y`Clerlc
Mayor r
Passed and adopted on final reading this
ril . A.D. 1975.
ATTEST Mayor. ��\ist
C�.ty Cleric
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1st day of
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Pirst reading: March 11, 1111 (Vote: Yeas: 1, Nays: 0)
Second readi;:,: April. 1, 1975 (Vote: Ycas: 6, Nays: 0)
Dates published:;March 23, 1975 and April 6, 1975
Attest:
City Clerk
Ordi.r_ance adopted on second reading relating
to Plant Livestment Pe^s for _Se,:or Utility
an Cotmci.liaoman Rceves made a motion, seconded by Council.w0imin Preble, to adopt
xOrdinance No. 22, 1975 on second reading. Yeas: Cowicil members Bowling,
C-) Gray, Preble, Reeves, I:ussell and CCri.lkinson. Nays: None.
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ORDI%;A?:CE c;0. a o% 1975
BEING AN ORDINANCE AMEINDING SECTION 112-115
OF TIME CODE OF THE CITY OF PORT COLLINS
RELATING TO PLANT INVESTMENT FEES FOR THE
SEWER UTILITY
BE IT ORDAINED BY TIME COUNCIL OF THE CITY OF FORT COLLINS:
That Section 112-115 of the Code of the City of Fort Collins
be, and the same hereby is, amended by deleting therefrom the
schedule contained in Subsection A thereof and by substituting
therefor the following schedule, to -wit:
"Type of Use Plant Investment Fee Tap Charge
Residential:
Single dwelling
unit or first
unit of multi-
family dwelling
or mobile home
court $710.00
Each additional
dwelling unit 515.00
Nonresidential
Water Meter Size
(inches)
' 3/4 710.00
1 1,190.00
1-1/2 2,350.00
2 3,780.00
$190.00
None
190.00
190.00
190.00
215.00
1 y.b
3 ,5.00 215.00
4 11,82825.00 215.00
6 23,530.00 225.00''
Introduced, considered favorably on first reading, and
ordered published this 1.8th day of March , A.D. 1975,
and.to be presented for final passage on the Ist day of
April . A.U. 1975.
A-TEST
%J
City Clerk
Mayor ..-
Passed and adopted on final reading this
April , A.D. 1975.
ATTEST:
CityCl,
May o s is 1
1st day of
First reading,:
March 18,
1975
(Vote:
Yeas:
7,
?days: 0)
Second reading:
April 1,
1975
(Vote:
Teas:
6,
Nays: 0)
Dates published:
March
23, 1975
and April 6,
1975
Attest:
City Clark
Ordinance adopted on second reading
concorning changes in the Uniform Building
Code
Councilman Wilkinson made a motion, seconded by Councilwoman Preble, to adopt
Ordinance No. 23, 1975 on second reading. Yeas: Council members Bowling,
Gray, Preble, Reeves, Russell and Wilkinson. Maas: Ncne.
ORDINANCE NO, 23 1975
BEING AN ORDINANCE AMBING ARTICLE I
OF CHAPTER 38 OF THE CODE OF THE CITY
OF FORT COLLINS AND THE EUILDING CODE
ADOPTED THEREBY
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That the Uniform Building Code, 1973 Edition, adopted. by
Article I of Chapter 38 of the Code of the City of Fort Collins
be, and the same hereby is, amended by amending Section 1711(a)
of said Uniform Building Code to read as follows:
"Section 1711(a). Floors and Walls--Non-dwelling
Units.
"In other than duelling units', toilet room floors
Q0 shall have a smooth, hard non -absorbent surface
M-4 such as Portland cement, concrete, ceramic tile,
quarry tile, sheet vinyl inlay not less than
.075" thickness - wear thickness not less than
.035", monolithic seamless floor systems (when
installed over concrete), ceramic floor system
incorporating non -absorbent backing materials
when installed with "Waterproof" adhesives, and
other approved materials. Non -absorbent materials
shall extend upward onto the walls at least 4".
"Where vinyl inlay or seamless systems are
extended upwards the junction at floor and
wall shall be coved. Ceramic and quarry type
bases may be installed with vinyl or seamless
coverings if set with waterproof adhesives.
"Walls within water closet compartments and
walls within two (2) feet of the front and sides
of urinals shall be similarly finished with
approved materials to a height of four (4)
feet and except for structural elements, the
materials used in such walls shall be of a
type which is not adversely affected by
moisture.
"EXCEPTION:
'1. In heavy traffic area with uncontrolled
use of toilet facilities such as service stations,
transportation terminals, food and drink estab-
lishments, public toilet facilities and open
mall toilets, floor covering shall not include
sheet vinyl inlay.
' 2. Carpet and other floor coverings may be
installed in private, individual toilets with
restricted access,
Said Uniform Building Code is further amended by changing
Exception 4 in Section 503(d) of the Uniform Building Code
to read as follows:
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"4. In the indicated one hour occupancy separa-
tion between Group I and J occupancy, the
separation may be limited to the installation
of materials having a U.L. Class F-45 rating,
and a tight fitting solid wood door 1--3/8.
inches in thickness will be permitted in lieu
of a rated fire assembly. Fire dampers shall
not be required in ducts; piercing this
separati"on'provided they are constructed
of number 26 gauge galvanized steel."
Introduced, considered favorably on first reading, and
ordered published this 18th day of March, A.D. 1975, and to be
presented for final passage on the 1st day of April, A.D. 1975
ATTEST: Mayor
City Clerk
A.D
Passed and adopted on final reading this 1st day of April,
1975.
ATTEST:
Z C�e`rk
First reading: flarch 18, 1975
Second reading: April. 1, 1975
Dates published: ?b rch 23 and April
Attest: :7)
i,
ty
(Vote: Peas: 7, Nays: 0)
(Vote: Yeas: 6, ;Jays: 0)
6, 1975
Ordinance adopted on second reyd_ing,
relating to 'ices for plunbino Permits
Councilwonan Reeves made a motion, seconucd by Councilman Russell, to adopt
Ordinance No. 24, 1975 on second reading. yeas: Council ,;umbers Bowling,
Gray, Prcble, ]reeves, Russe.il and i•:`i. hinson. Ways: None.
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' ORDINANCE NO. 24 , 1975
BEING AN ORDINANCE AMENDIIIG ORDINANCE NO. 61,
1974, RELATING TO FEES FOR PLUMBING PERMITS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Section 4-j of Ordinance No. 61, 1974, be, and the
same hereby is, amended by adding to the schedule of fees
contained therein the following:
�0 "Exception - in lieu of the $7.00 fee for
issuance of a permit, the following fees
C-) shall be charged for permits for the work
hereafter indicated:
"For replacement of water heaters ------ $ 4.00
"Ior alteration or extension of
gas lines not to exceed three
outlets------------------------------- 4.00
"For repair, alteration or extension
of drainage on vent piping system
not to exceed three fixtures---------- 4.00"
Introduced, considered favorably on first reading, and
ordered published this 13th day of March, A.D. 1975, and to
be.presented for final passage on the 1st day of April, A.D.
1975.
ATTEST:
r
City Cterk
Passed and adopted on first reading this 1st day of April,
A.D. 1975.
ATTEST-
./
Cit—t CTerF:
First rcad:in: [March .18, 1975 (Vote: Yeas: 7, Nays: 0)
Second read vig: Ap-11, 1, 1975 (Vote: Yeas: 6, Nays: 0)
Dates published: March Zs avid April 6, 197S
Attest:
Cite Clerk
1QQ
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Ordinance adopted on second readiig amending
Chapter 118 of the Code relating to Child Care
Centers in Zoning Districts
Councilwoman Prebl.e made a motion, seconded by Councilman Wilkinson, to adopt ,
Ordinance No. 2S, 1975 on second reading. Yeas: Council members iocling,
Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
OI:DINANCE NO. 25 1975
BEING AN ORDINANCE AMENDING CHAPTER 118 OF
TIIE CODE OF THE CITY OF FORT COLLINS RELAYING
TO CHILD CARE CENTERS IN ZONING DISTRICTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Section 118-43 of the Code of the City of
Fort Collins be, and the same hereby is, amended as follows:
A. By changing subsection B thereof to read as follows:
"B. Minimum area of lot. Minimum lot area
shall be the equivalent of two (2) times
the total floor area of the building, but
not less than the following: Six thousand
(6,000) square feet for a one -family or '
two-family dwelling, and nine thousand
(9,000) square feet for a multiple family
dwelling or children's center."
B. By changing subsection C thereof to read as follows:
"C. Minimum width of lot. Minimum lot width
shall be sixty (60) feet for a one -family
or two-family dwelling, seventy-five (75)
feet for a multiple -family dwelling or
children's center, and one hundred (100)
feet for uses numbered (4), (5) and (6)
in Subsection A above."
C. Subsection G thereof is amended to read as follows:
"G. Mini -mum off-street parking. For each one -
family dwelling or two-family dwelling
there shall be provided a minimum of one (1)
parking space per dwelling unit; for each
multiple -family dwelling, three (3) parking
spaces shall be provided for every two (2)
dwelling units; for each recreational use,
one (1) pnrh?.nr spocc shall 'uc provided
for every one hundred fifty (150) square ,
feet of floor area; for each school or
church, one (1.) parking space shall be
700
provided for every five (5) seats in the
' auditorium or place of assembly; and for
each children's center, one (1) parking
space shall be provided for every four
hundred fifty (450) square feet of^
building area used for the children's
center."
Section 2. That Section 113-44 of the Code of the City
of Fort Collins be, and the same hereby is, amended as follows:
A. By changing subsection B thereof to read as follows:
�0 "B. Minimum area of lot. Minimum lot area shall
^� be the equivalent of one-half (1/2) the
U total floor area of the building, but not
-W less than tiie following: Six thousand
(6,000) square feet for a one -family or
two-family dwelling, nine thousand (9,000)
square feet for a multiple -family dwelling
or children's center, and t�•;elve thousand
(12,000) square feet for uses numbered
(12) through (18) and (20) in Subsection
A above."
B. Subsection C thereof is amended to read as follows;
"C. Minimum width of lot. Minimum lot width
shall be sixty (60) feet for a. onc-family
or two-family dwelling, seventy-five (75)
feet for a multiple -family dwelling or
children's center, and one hundred (100)
feet for uses numbered (4) through (13)
and (20) in Subsection A above."
C. Subsection G thereof is amended to read as follows:
"G. Minimum off-street parking. For each one -
family or two-family dwelling there shall
be a minimum of one (1) parking space pro-
vided per dwelling unit; for each multiple -
family dwelling three (3) parking spaces
shall be provided for every two (2) dwelling
units; for each boarding and rooming house
or fraternity or sorority house, one (1)
parking space shall be provided for every
two (2) beds; for each hospital, nursing
home or sanitarium, one (1) parking space
shall be provided for every three (3) beds;
' for each indoor restaurant, membership club,
recreati.onaL use, office, medical'or dental
clinic or undertaking; establishment, one
201
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(1) space shall be provided for every one
hundred fifty (150) square feet of floor
area; for each school or church, one (1) '
parking space shall be provided for every
five (5) seats in the auditorium or place
of assembly; for each tourist home, one
(1) parking space shall be provided for
each guest room; and for children's centers
one (1) parking space shall be provided for
each four hundred fifty (450) square feet
of building area.''
Section 3. That Section 118-82E of the Code of the City
of Fort Collins be, and the same hereby is, amended by changing
the second sentence of said subsection to read as follows:
"A minimum of two thousand five hundred
(2,500) square feet of outdoor play area shall
be provided for. fifteen (15) children or
fewer, with seventy" -five (75) square feet
additional being required for each additional
child."
Introduced, considered favorably on first reading, and
ordered published this t^t day of. ,114,•ch , A.D. 1975,
and to be presented for final passage on the —1st day of '
-- All i,lA. D. 1975.
ATTEST: i4ayo
City Clerk
Passed and adopted on final reading this 1st day of
April A.D. 1975..
ATTEST: TiyY&R-Ais t ! -
'Czt}' Clc<<.
2021
2 0-
First reading: March 18, 1975 (Vote: Peas: 7, :days: 0)
' Second reading: April 1, 1.975 (Vote: Yeas: 6, Nays: 0)
Dates published: Narch 23 and April 6, 1.975
Attest:
City Clerk
Ordinance adopted on second reading
amendin5z the Zoning Ordinance
to Counciliroman Prebl.e made a motion, seconded by Councilwoman Reeves, to
x adopt Ordinance No. 26, 1975 on second reading. Yeas: Council. menuers
Bowling, Gray, Prebie, Reeves, P,ussel.l, and P:'ilkinson. Nays: None.
W
ORDII?r1NCE N0. 26 1975
BEING AN ORDINANCE AIfit;;NIDIENC THE, ZO,dII,<G
ORDINANCE OF TIIE CITY OF FOtZT COLLINS
BY CHANGING THE ZONING CLASSIFICATION FOR
CERTAIN PROPERTY
BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF FORT COLLINS:
That
Colorado,
the zoning district map of
by
the City of Fort Collins,
City Fort
adopted the zoning ordinance
of the of
Collins,
is hereby amended by changing
the zoning classification
'
from I-L
Limited Industrial District
to H-B Highway Business
District
for the following described
property in the City,
to -wit:'
That portion of the Northwest Quarter of Section 20
in To�,mship 7 I.North, Range 68 West of the 6th P.M.
in Larimer County, Colorado, described as follows:
Commencing at the Northwest corner of said Section
20; thence South 00°02'24" East; on the West line
of said Section 20, a distance of 303.49 feet; thence
North 89°57'36" East, perpendicular to said West line
a distance of 600.00 feet_ to the Point of Beginning
of the following described tract of land; thence
South 88°13'40" East, a distance of 277.35 feet; thence
South 01°46'20" West a distance of 330.18 feet; thence
North 88°13'40" Nest a distance of 82.56 feet; thence
on the arc of a curve to the right, said curve having
a central angle of 14°41'16", a radius of 730.00 feet
and an arc length of 187.14 feet to a point on a line,
said line being parallel. to and 600.00 feet Easterly
from said West line of Section 20; thence North 00°02'
24" West, non -tangent and non -radial to the last
mentioned curve, on said parallel line, a distance
of 306.43 feet to the point of beginning and containing
2.029 acres more or less;
U.4
it
and by changing the zoning classification from I-P Industri_al
Park District to H-B Highway Business District for the following IIIdescribed property in to City, to -wit:
That portion of the Northwest Quarter of Section 20
and the Southwest Quarter of Section 1.7 all in Township
7 North, Range 68 West of the 6th P.M., in Larimer
County, Colorado, described as follows: Commencing
at the Northwest corner of said Section 20; thence
Sough 00°02'24" East; on the West line of said Section
20 a distance of 303.49 feet; thence North 89'57'36"
East a distance of 600.00 feet to .a point on a line,
said line being parallel to and 600.00 feet Easterly
from said West 1i.ne of Section 20, said point being
the Point of Beginning of the following described
tract of land; thence North 00°02'24" West on said
parallel line a distance of 400.00 feet; thence South
88'13'40" East a distance of 290.00 feet; thence
South 01°46'20" West, a distance of 399.80 feet; thence
North 88'13'40" West a distance of 277.35 feet- to the
point of beginning and containing 2.604 acres more or
less;
and by changing the zoning classification from H-B Highway
Business District to I-L Limited Industrial District for the
following described property in the City, to -wit: ,
That portion of the Northwest Quarter of Section 20
in To<<mship 7 North,.Range 68 West of the 60 P.M.,
• in Larimer County, Colorado, described as follows:
Commencing at the Northwest corner of said Section
20; thence South 00'02'24" East on the West line
of said Section 20 a distance of 535.50 feet to the
Point of Beginning of the following described tract
of land; thence North 89°57'36" East a distance of
250.00 feet; thence on the are of a curve to the
right, said curve leaving a central angle of 16°30'00",
a radius of 680.00 feet and an arc length of 195.83
feet; thence South 73032'24" East, tangent to the last
mentioned curve, a distance of 163.61 feet to a. point
on a line, said line being parallel to and 600.00
feet Easterly from said West line of Section 20;
thence South 00'02'24" East on said line parallel
to the ;lest line of Section 20 and 600.00 feet
Easterly, a distance. of 2.40.53 feet; thence South
89°57'36" West, a distance of 600.00 feet to a point
on said lest line of Section 20; thence North 00'02'24"
West, on said West lire of Section 20 a distance of
315.00 feet to the point of beginning and containing 4.113
acres more. or less. '
204
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Introduced, considered favorably on first reading, and
ordered published this 18th day of I -larch, A.D. 1975, and to be
presented for final passage on the 1st day of April, A.D. 1975.
ATTEST- Mayor
City Clei^l�' f -
Passed and adopted on final reading this 1st day of April,
A.D. 1975.
ATTEST:
iC ty C cI•�rk —`
First reading: March 18, 1975 (Vote: Yeas: 7, Nays: 0)
Second reading: April 1, 1975 (Vote: Yeas: 6, Nays: 0)
Dates published: March 23 and.April 6, 1975
Attest:
sty Clerx
Resolution adopted authorizing acquisition
by Eminent Domaiu.Proceedings of certain
Riglit=of t%'Ety
City Attorney Marcla spoke to the foll.aieing memorandum to the City Ihnagor
in this regard:
We have had several conferences with the representatives
of Parkwood, Inc. regarding an open irrigation ditch which crosses
the Parkwood Subdivisions. This ditch is in such a location that
it blocks the drainage from the subdivision causing substantial
run off waters to back Up in the subdivision without any means
of flowing out of the area. This situation can apparently be
remedied by installing a siphon in lieu of the open irrigation.
ditch. However, the owner of the ditch, Ed Johnson, has been
unwilling to allow the siphon to be substituted for the ditch.
An agreement has been reached whereby the City will condc:n
the open ditch rights and substitute for these rights a ri Lt
20,
ZUG
for a siphon pipe. This will be done all at the expense of
Parkwood, and their attorneys will actually handle the condemna-
tion proceedings. In order to authorize this, it is necessary '
that the Council adopt the enclosed resolution making findings
a necessity and authorizing condemnation proceedings. It will
further be necessary that the Council, by Motion, appoint the
firm of Allen, Mitchell & Rogers as special counsel for the
City for the purpose of conducting this condemnation action.
Tom Metcalf is preparing for Parkwood an agreement which will
provide that Parkwood will pay all, costs of the proceeding,
including any award which might be made. This agreement will
further provide for the installation of the street improvements
on Lemay Avenue and Drake Road Mii.ch adjoin the Parkwood Subdivi-
sion. This portion of the agreement will provide that Parkwood
will submit plans and specifications for these improvements to
the City for approval and will install the improvements upon
request of the City: but in any event within two years. We
contemplate that these_ improvements will be installed at the
same time as the adjoining Woodward improvements are installed.
Director of Bn inccrin„ stated this is an irrigation ditch s:i.phocl shol,n on
one of the filings for Parkwood three or four years ado. Councilman. Russell
inquired if the City would be responsible for the maintenance, upheop and
damage of this installation? Roy BIIIgman, Director of LngirieerinE, Services,
stated this is c0?'feet.
Cotmcilwoman Peeves stated she was concerned about the City becoming a third
party i.nvolvcd In a case because so;llc)one else couldn't d0 it for themsolves.
City Attorney 1•[arch stated this was right but the City does have a lcgimate
municipad concern.
Councilwoman Preble Illade a notion, seconded by COnTICilillan Wilkinson, to adopt
the resolutio-n, eonditoned On the contract being slgnen by Parki%,00d. Yeas:
Council members Bowling, Gray, I'feb'le, Reeves, Russell and Wilkinson. Nays:
None. (Note: 12yoI' I'ead appeared at the meeting at this time).
Councilman Bowling made a motion, seconded by Councilman 1'rilhinscn, to appoint
Allen, Diitchcll and Rogers as special. Counsel for the City for the purpose
of conducting the condemnation action,at no expense to the City. Yeas:
Council members Bowling, Fead, Cray, Prebl.e, Reaves, Russell, and Wilkinson.
Nays: Nonc.
Councilman Bowling made a motion, seconded by Councilleoman Preble, to approve
the contract with Pariasood and authorize the Mayor and City Clerk to exeoite
the anreen:crt. Yeas: Council members Bm ling, Fead, Gray, Preble, Reeves,
Russell and Wil.kinsoo. Nays: None.
RESOLUTION 5-18
OF THE, COUNCIL. OF THE CITY Ol? F03T COLLINS
AUTHORIZING THE ACQUISITION BY EMII_NENT
DOMAIN P ROCEEDIIdGS OF CL:RTATN RI:GHT6 TO
—J- --LANDS IN THE CITi' - --
F�
206
2 r'
' WHEREAS, in connection with the development of the Parkw;ood
Subdivisions in the City it is necessary in order to provide proper
drainage to eliminate a surface irrigation ditch in said sub-
divisions and to replace the same with a siphon pipe; and
WHEREAS, negotiations have been conducted with the owner
of said ditch easement in an attempt to acquire the rights to
such surface ditch and to replace the same with a siphon pipe,
which negotiations have been unsuccessful: and
F�
WHER..EAS, in the opinion of the City Council it is necessary
and in the interests of the City and the City residents in the
Parkwood Subdivisions to acquire such open ditch rights and to
substitute therefor a siphon pipe; and
WHERI'AS, the open ditch to be replaced with a siphon pipe
is located on lands described as follows:
A twzenty foot wide casement being ten feet on
each side of the centerlinewhich begins at
the Northeast corner of. Lot 266, Partcwood,
Seventh Filing„ and run thence N 39°55' W
119.90 feet to the Northwest corner of said
Lot 266; thence N 89°55' W 60.00 feet across
Rollingwood Drive to a point on the Fast line
of Lot: 210 of Par'rwood, Scventh Filing, thence
N 89°55' 41 95.00 feet across said Lot 210 to
the West line of said Lot 210, which is the
end of the siphon pipe.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TIME CITY
OF FORT COLLINS:
Section 1. The City Council hereby adopts the foregoing
findings regarding the necessity of acquiring the rights above
described and describing the lands on which the open ditch is
located.
Section 2. The City Council further finds that it is not
possible to negotiate for the acquisition of such rights, and
it is, therefore, necessary to resort to condemnation proceedings
in order to acquire the open irrigatio_; ditch rights referred to
above and to substitute for the same a siphon pipe.
Section 3. The City Council her.eby authorizes the acquisition
of such open ditch right through eminent domain proceedings to
be brought in the name of the City in the.District Court of
Lar.imer County, Colorado.
Passed and adopted at a reLular meeting of the City Council
held this 1st day of April, A.D. 1975.
207
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ATTEST:
/ !''. .:• V .may -'.I (-��
Cit-- ty'CTerk
Emergency Ordinance. acioptcd amending
Orclinnr,ce No. 9, 1975 authorizing issimnce
of Sewcl- Povel"uo Bonds
STATE OF COLORADO
COUNTY OF LAiHMER ss.
CITY OF FORT COLLINS
The City Council of the City of Fort Collins, Colo-
rado met in regular session, in full conformity with law and
the ordinances and rules of the City, at the City 11a.11,
being the regular meeting place of the Council, on Tuesday,
the 1st- day of April, 1975, at 5:30 P.M. Tne-r_e we're present
and answering at roll call:
0
Mayor:
Assistant Mayor:
Councilmen:
J. W. N. read
Nancy P. Gray';
Charles D. Bowling
Mabel Preble
Margaret E. Reeves
Jack. Russell.
Earl Wilkinson
1
1
<.OR
2U3
1
1
1
Also present:
City Manager:
City Clerk:
Director of
Finance:
City Attorney:
Absent:
Robert- L. Brunton
Verna Lewis
Charlie D. Cain
Arthur March, Jr.
Thereupon, the following Ordinance, copies of:-i•:'nich
were available in the office of the City Clerk at least'AS
hours prior to the date of said meeting, in accordance with
the charter of. said City, was considered, and read by title
only, which is as follows:
ORDINANCE NO, 27, 1975
ORDINANCE -*SENDING SECTION'S 9 AND 13 OF
ORDINANCE NO, 91 1975, OF THE CITY OF
FORT COLLINS, LAK.MER COUNTY, COLORADO,
AUTIi0R7:LING' THE ISSUANCE OF' SEWER REFUND-
ING REVENUE BONDS, SERIES 1975, IN THE
AMOUNT OF $3,155,000, DATED MARCH 1, 1975,
BY PROVIDING FOR A CALL OF CERTAIN
REFUNDED BONDS FROM THE ESCW? , PROVIDING
FOR NOTICE OF CALL, AND DECLARING AN
EMERGENCY.
INMEREAS, by Ordinance No. 9; 1975, ("the Ordinance"),
adopted and approved on February 4, 1975, the City of Fort
Collins, Larimer County, Colorado, autHorized the issuance of
Sewer Refunding R.cvenue Bonds, Series 1.975 in the principal
amount of.$3,155,000, for the purpose of refunding $1,640,000
Sewer Refunding and Improvement Revenue Bonds, Series June 1,
1965, Subseries 1, and $2,000,000 Sewer Improvement Revenue
Bonds, Series June 1, 1974, of the City; and
209
210
WHEREAS, Section 9 of
the Ordinance provided that
bonds of
the 1965 issue and the
1974 issue would all run to
'
maturity;
WHEREAS, it was intended that certain bonds .of the
1974 issue
would be called from
the escrow in advance of their
maturity
dates; and
WHEREAS, the Council deems it necessary and advisable
to amend Section 9 to provide for call for the 1974 issue prior
to maturity, and further to amend Section 13 to provide -for notice
of such call.
THEREFORE, BE IT ORDAINED By the City Council of the
City of Fort Collins:
Section 1. That Section 9 of the Ordinance is.hereby '
amended to read as follovis:
- CA
Section 9. "Refundi_nn Escrow Account, The proceeds
derived from the sale of the Refunding Bonds authorized herein,
in an amount not less than $3,155,000, and the accrued interest
on the bonds being refunded, shall be deposited with the
First National Bank, Fort Collins, Colorado (hereinafter
the "Bank"), in a separate fund and escrow account hereby
created and known as the "City of Fort Collins 19c5 and 1974.Issues,
Sewer Refunding Revenue Escrow Account", herein designated as
the "Refunding Escrow Account" or "Escrow Accountil, Nih ch
account shall be at all times sufficient, to -ether with any
interest to be derived from the investment and any temporary '
reinvestment of the deposits, or any part thereof, in direct
obligations of or obligations guaranteed by the United States
62 1- 1
of America, to pay
the principal of
and interest on the out-
standing 1965 and
1974 Issues to be
retired, at their respec-
tive maturities, as
follows:
1965 Issue: .
All outstanding
bonds of
this issue, being bonds
numbered I-113 to
I-440, inclusive,
shall be paid and retired
+!� at their respective maturity dates, at the office of the
U
Director of finance, in rort.Collins, Colorado, according to
their original terms.
1974 Issue:
(a) Bonds numbered 1. to 130, inclusive, maturing in
the years 1974 to 1988, inclusive, shall, be paid and retired at
their respective maturity dates according to their o::igi_na.l. terms.
' (b) Bonds numbered 131 to.400, inclusive, maturing
in the years 1989 to 1994, inclusive, shall be called for
redemption prior to their respective maturities at the office
of the Director of finance, ex-officio City Treasurer, in fort
Collins, Colorado, at par, accrued�.in�erest and a premiwri of
1% of principal, and shall be paid on June 1, 1989, N%hich date
is hereby designated as 'Prior Redemption Date' for said Bonds.
Interest on the outstanding bonds of the 1965 and 1974
Issues shall be paid as the same accrues, according to the
original terms of said bonds, until said bonds mature."
Section 2, Tilat Section 13 of the Ordinance is hereby
amended to read as follows:
' "On or about the date the refunding bon -is are delivered,
or within a reasonable time thereafter, the Director of Finance i.,.
211
Z12
authorized to publish notice of prior redemption for the 1974
Issue one (1) or more times in the newspaper customarily used by '
the City for legal notices. Notice shall again be published by
such newspaper before the prior redemption date of the 1974 Issue
by
insertion once, not less than 30 days prior to the prior.,
redemption date. Notice shall also be sent by registered, first
class, postage prepaid mail at least thirty (30) days prior to
the prior redemption date to Halsey, Stuart & Co., Inc., Chicago,
Illinois, the original purchaser of said bonds. Said notice
shall describe said bonds to be called and paid by number, amount,
and date of the issue" the place of redemption, the date on
t
which Lhe same will be redeemed, and shall state that after said
date, interest on said bonds shall cease."
Section 3. That except as herein modified, the
provision of Ordinance 9-75 shall be and remain in full force
and effect.
Section 4. Seve-rabil:i_t,. T1iat if any one or more
sections or pasts of this Ordinance shall be adjudged uAn-
forceable or invalid, such judgment shall not affect, impair.,
or invalidate the remaining provisions of this Ordinance, it
being the intention that the various provisions hereof ah
_A
severable.
Section 5. By reason of the fact that a change in
position might be effected by persons relying on Ordinance
I\`.o. 9-75, it is hereby
declared
that an emergency exists, and
that this ordinance is
necessary
for the i unediate preserva-
tion or protection of
the public
health, property, or safety,
212
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1
and that this ordinance shall become effective immediately. It
shall be kept and recorded in Ordinance Record, authenticated
by signatures of the Mayor and City Clerk, shall.be published
in the Fort Collins Coloradoan, a newspaper. of the City,.
published and of general circulation therein, within five (5)
days after passage, and such publication shall so.be authenticated
by the signatures of the Mayor and City Clerk.
INTRODUCED, PRESENTED AND FINALLY PASSED THIS Ist clay
of April, 1975.
Thereupon Councilman __ Russell moved that
said Ordinance be passed and adopted as read by title only,
as an emergency ordinance. Councilman _ Bowling
seconded the motion.
The question being upon the passage and adoption of the
Ordinance, the roll was called with the following result: .
Those voting AYE:
Mayor: J . W. 14. Fead .
Councilmen: Charles Bowling
Nancy P. Cray
Mabel Preble
Margaret F. Reeves
Jack Russell
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Earl Wilkinson
Those votin;; NAY: — None _
The presiding officer thereupon declared that, the
Mayor and at least five members of the entire Council having
voted in favor thereof, the motion was carried and the Or-
dinance duly passed and adopted as an emergency ordinance.
It was then ordered that said Ordinance be recorded by
the City Clerk in the Ordinance Record of the City, and a
copy of said Ordinance be published in a newspaper of wide
circulation in tine City.
After consideration of other business to come before
the City Council, the meeting was adjourned.
( S E A L )
ATTEST:
City Clerl;
crency Ordinance
First reacLir.g: April 1, 1.975
Publishing date: April 6, 1975.
Attest:
City Clerk
---tom- -- i-'�----
(Vote: Yeas: 7, Nays: 0)
1
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214
Resoluti.on.adopted approving agreement for
right-of-way with Colorado and Southern
' Railway Cagwny --
Motion . was made by Councllmmi Wilkinson, seconded by Councilman Bowling, to
adopt the resolution. yeas: Council. members Bowling, Pead, Gray, Prebl.e
Reeves, Russell. and Wilkinson. Nays: None.
RESOLUTION 7S-19
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AGREEMENT FOR RIGHT OF WAY WITH
THE COLORADO AND SOUTHERN RAILWAY COMPA10
0C — —
w
�z7 WHEREAS, it is necessary that the City install a water line
under the right of way of the Colorado and Southern Railway
Company at the intersection of such right of way with Swallow
Road; and
1
WHEREAS, an agreement granting a right of way for such
installation from said railroad to the City has been prepared,
which agreement has been approved by the City Manager and the
City Attorney and the City Council now desires to approve and
authorize the same.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the terms and conditions of said agreement
be, and the same hereby are, accepted and approved; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be,
and they hereby are, authorized and directed to execute said
agreement for and on behalf of the City of Fort- Collins.
Passed and adopted at a regular meeting of the City Council
held this 1st day of April A.D. 1975.
ATTEST: MW0r
city c,1e�t�
215
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Resolution adopted appointing a member
to the I'olicymen's P:nsion Fund Board
Mayor(Read expressed his appreciation for Larry Julch's service as Trustee
on this Board.
Councilman Russell, made a motion, seconded by Councilwoman Gray to adopt the
resolution. Yeas: Council members Bowling, Pead, Gray, Freblc, Reeves,
Russell. and Wilkinson. Nays: :;one.
RESOLUTION i 5-20
OF THE COUNCIL 07 TEE CITY OF FORT
COLLI?.S APPOINTING A iiEiiBit;R TO THE
P OLIC% ,_;N' S PENSION BOARD
W{E;PJi",S, Lamy Ju1ci1, who was formerly the Policemen's
representative on the Policemen's Pension Board, has resigned;
and
WHEREAS, the members of the Police Department have elected
Clarence J. Davis as his successor, and the Council desires to
appoint Clarence J. Davis to such position.
NOW, THEREFORE, BE IT RESOLVED BY TILE COUNCIL OF THE CITY '
OF FORT COLLIES that Clarence J. Davis be, and he hereby is,
appointed as the Policemen's representative on the Policemen's
Lc._ri c "' ' S
Pension Board to fill the vacancy We to the resignation of
Larry Julch as a member of such Board.
Passed and adopted at a regular meeting of the City CouuDcil
held this 1st day of April A.D. 1975.
ATTEST:
Rosoluton adopl:ed approvjng rig':it-of-I:,ay
auree:aent: With Molder ditch Moan.,
Councilworl n Preblc rada a motion, second d by CC ll. itUii;3Tl Moves, to ado; t '
the resolution. yjas: Council L'_nic howling, Fend, Gray, Prebio, Reeves
Wilkinson.
Russell and Nab s : Nona.
216
RESOLUTION 75-21
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A RIGHT OF WAY AGREEMENT WITH
THE BOXELDER DITCH COt4PANY
WHEREAS, in connection with the City sanitary sewer utility it
is necessary that the City acquire a right of way across the ditch of the
Boxelder Ditch Company; and
t1D WHEREAS, an agreement granting such right of way has been
qp prepared and presented to the City Council, which agreement has been
r� approved by the City Manager and the City Attorney, and the Council now
desires to accept and approve the same.
Ei]
G17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the terms and conditions of said agreement with The
Boxelder Ditch Company be, and the same hereby are, accepted and approved;
and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and
they hereby are, authorized and directed to execute said agreement for
and on behalf of the City of Fort Collins.
Passed and adopted at a regular meeting of the City Council
held this 1st day of April,. A.D. 1975.
city Clerk
Bids awarded on Street Improvement
District No. 69.
Director of Engineering Services, Roy A. Bingman, spoke to the following
memorandum on this subject:
On March 19, 1975 our Engineering Department received bids on the two
major porfions of Street Improvement District No. Fig, namely, (a) curb,
' gutter, sidewalk and catch basins and (b) asphalE paving, base, grading
and site preparation. Enclosed is a memo from Donald It. Parsons, City
Engineer, which explain: why it was decided to take separate subcontracts
on various portions of Ujis work. There still remains four portions of
the construction work to be bid, including (a) miscellaneous storm dr,linage
217
218
pipe, (b) Lemay Avenue Bridge over Spring Creek, (c) street lighting, and
(d) landscaping. Some of this wort; will be done by City personnel. Other
costs include land acquisition, right -of. -way easements, administrativa, '
legal, etc. The lots bidder on the paving portion of the work was Flatiron
Paving Company at a price of $315,125.35; the low concrete bid was $215,693.20.
These. bids were based on the unit price extended over the quantities that
our Engineering Dep.artmant estimated will be used. .They will be adjusted ac-
cording to the firm unit prices based on actual field construction conditions.
The best part of: this program is that our City Engineer -now estimates that
the total cost of the project will be about $130,000 less than the estimated
$961,860.
Recommendation: The Administration recommends that the City Council award
the paving portion of the project to Flatiron Paving Company for $315,125.35,
and the concrete portion of the project be awarded to Keifer Concrete, Inc.
for $215,693.20.
Ccuncilman Bottling made a motion, seconded by Councilman h'ilkinson, to approve
the recoenaendation and <..taarti the bids as incli.catau. Yeas: Council members
Bolding, Fead, Gray, Pr AU, nweves, Russel.i. and PiilidAson. mays: None.
Other Business
1. Report on harlmer Coui ty Resources CoiiLIij_ttee activities
Council•oromin Reeves reported that the Board has been meeting and they '
have succeeded in setting* up the forms for application for Revenue
Sharing Oneys. copies are avainabie for Council membcrs to review;
Boarcisrecluesting fun6s would hE:vc; the forums in advaiice of the licaring
dates.
Council mcmibcrs Russell. and Cray corn ii:rente*1 the Carmittce and asked
that: the Council be kept informed o;_ the hearing dates.
2. Tlayor Fead stated he had a letter from Dr. Tom Sutherland requesting
official permission to be absent from his Planning and Zoning Board
assignment duri.ng the mcnths of April through July.
Councilman Bm,:ling made a motion, seconded by Councilman Wilkinson,
to approve the request. Yeas: Council melibors Bowling, Fead, Gray,
Preble, Reeves, Russell and Wilkinson. Plays: None.
3. Cemetery Fees referred to City Attorney for preparation of a resolution
adopting fees.
City 'l<'tnager Brunton stated these fees had been reviewed by the Staff
and all the .Funeral directors, and should be re:tiered each year.
The recenuu_nded fees are as follows:
1
218
C214'
1
L"J
OG
i
FORT COLI,21S PARKS rM RECRL'M30 DEPARTMENT
C,",ILTri'..Y LEES
1974 Recr=mandatiens for 197
1.
Adult Grave Space:
Roselawn
$140.00
including perpetual care @
40.00
Grandview
$160.00
including perpetual care @
40.00
2.
Infant Grave Space:
Roselawn
$
60.00
including perpetual care @
20.00
Grandview
$
75.00
including perpetual care @
20.00
3.
Open Adult Grave:
Roselawn and Grandview
$
75.00
Crypt Burial
$
50.00
4.
Open Infant Grave:
Roselawn and Grandview
$
40.00.
5.
Internent of Ashes:
Roselawn and Grandview
$
25.00
6.
Border and Foundation Charges:
Border. - per running foot
$
.80
Foundation - per cubic.foot
$
1.00
Flat - Single
$
12.00
- Double
$
15.00
Vase
h. $
4.00
7. Tent and Rail:
Tent
Rail
No tent for baby grave or ashes.
8. Disinter-ments:
Adult
Infant
9. Indigent Grave Space:
10. Extra Charge for Sat;:relay Funeral E::cept 1-.hen
Saturday Pr.ccecds a Monday Holiday.
$ 4.00
$ 2.00
$300.00
$150.00
$ 50.00
$ 35.00
NOTE: One set up included in charge for opaning grate for an adult.
?19
$140.00
40.00
$180.00
40.00
$ 60.00
20.00
$ 75.00
20.00
$ 85.00
$ 85.00
$ 40.00
$ 50.00
$ 1.10
$ 1.65
$ 16.50
$ 22.00
$ 5.50
$ 5.00
$ 3.00
$300.00
$150.00
$ 50.00
$ 7.:.00
Z20
Co ulcilnlml iio, ling made a motion, seconded by Coluciluoman Preble, to '
refer the rsltter to the City r1t.t:orney for preparation of a resol.uti.on
adopting the fees. Yeas: Council members Uoraing, 1'ead,.Gray,
Preble, Reaves and Wilkinson. Nays: None. (Councilman Russell
out of room)
4. Councilwoman Preble reminded Council that sillce her tel;n on Council
gas about to expire, Council ne;cled to appoint a representativc to the
COG.
Council members determined this appointment i;ould be made on April
15, 1975 after the 11 .a CO111Cil is seated.
5. Aiayor Fcad stated Council needed to appoint: a representative to the
Resolution's Cor,n;ittee of tile Colorado NIund.cipal League.
Councilwji!1an Preble made a motion, seconded by Councilwoman Reeves, to
appoint Nancy Gray to the Reso"l.ution's Cenm!ittee of the Colorado
Mulli-cl.pal Le ?D LCaS: Go?n--il 71- illbers li0?'il lllg, lead, Gray, Preble,
Reeves, Russell.and IM1,i.nson. ,lays: i'one.
Ci.n.zen Participation.
Mr. Ernest Kol.ldr-and. Pis. }gay Rail,c'y addressed the C,-, - it all their epposltlon to
the proposed 230 KV Transrdssion Line from Loveland to Longn.ont. ;1s. i'.a.asey ,
addressed ti,c env lronn:c nta1 lrj)act statcl;le77t and Mr. Kollar addressed the
alternate route recom�ncm,,lation. (Copies of: the two reports in Central Files)
City 1I"nagel' Brlintrn stated Council had passed resolution !NO. 74-80 ilaviry
to do L'jith the Operating Precedures of the Platte laver Po?•,er Authorit,.
GGU?1C11P18n 1:0 u:'l.i ng made a moti.en, seconded by Councilunn Russell., to irstrnct.
th^ Mm,inistra.tlon to report back to t;lc COLr?Ic.il on this matter. Yeas:
Council. members Bol•jl.i.ng, Fead, Gray, Preble, Reeves, Russell and i9ilkinson.
Nays: None.
City Manager Vote of Confidence
Iv-1s. Morta Cool; of IM read the follo?jing at .length:
The Steering Coruai.ttee of Ile igminj Tomorrow Today at it2 regular
raeetin;; on I•iarch 2L1, ].97 ;, accenteri: a. statement of prob.tem aid
recommendation—: i'rora the Govcrn.,q ntaJ. 'ra.;l: l'brce. The ;:teerj.nE
Conmrittec e.,_centeci the �,cport and sonds it on to the City Cou71ci1
for their collsi.dcx:zti.on and action.
The etatement snd recc;!iendations follow:
Mine P.roble;a:
1
220
1_4
Voters of the city of Fort Collins adopted a charter , monrlaant callinC
for a vote of confidence in the city rannager every four years early
in 1972. This issue was coupled with mrnilatoVj retirement for the
city manager at rge 65. There were special circuustonecs surrounding
this vote which may have influenced the decision of the voters.
Perconalities mrr have been the central issue, rwthcr thon consideration
of fundamental changes in the manager -council. form of city government.
Basic to the mraiar:er-council form of city government is the separation
of administrator and policy makers. The council is chargod. with making
policy and aeLoptini; budgets. The manager is an o.dministrator with
lO professional tr .ining, who carries out that policy. He serves at the
'x pleasure of -the city council. The coiuicil, a> elected representatives
r of the people, mu.nt evaluate his performance in carrying out their. policies.
6" The vote of confidence amendment conflicts with the bneic principle of
separation o;: rolca betwron cornci.l ntd mvzr.rer. Tim m,rjna;er beco,con
a political fiv.urc - courtiuj- the appj.-oval of the voters. The clear-cut
council respon::ibiliLy for hiring and. fining the iarnarer is also clouded.
A vote of no confidence for the incumbent manager in the April, 1975,
election could (1) impare the future ability of the city to recruit and
employ qualified managers for Port Collins, and (2) compromise the
prerogative of the Council to make decisions relative to the employment
or dismissal of managers.
Recommendations:
1. A group of citizens'who are concerned'about the vote of confidence
impact on the council-manager Sorg of government have initiated a
court challenge. Regardless of the council's viewpoint, and because
they are the elected representatives to uphold the charter and the
ordinances of the city, they should defend the charter against this
action. The immediate need is to determine the legality of the
amendment.
2. If the election remains on the ballot,thc voters should vote for the
retention of the city manager to avoid the adverse consequences out-
lined in the last paragraph of the problem.
3. If the issue is still unresolved after the April election, the City
Council should take whatever actions are appropriate to clarify the
council-menager form of government."
Sincerely,
;.
,;c,. ,
I.laurice Nelson
cc: Robert Brunton
221
Z212
Council candidate, Andy Anderson, had earlier objected to this item being
considered and made rebuttal after the statement had been read. '
Councilwoman Gray inquired into the status of the suit regarding the City
Wriager question. City Attorney Narch stated he had filed a motion to
amend or alter the iudgenont that was entered; be had filed a brief in
support of that motion; lip has filed a motion to amend, answering the amended answer
or a restatement of Council's position.
City Attorney March stated further lie understood that the plaintiffs were
also filing a motien to reconsider and a brief in support of that.
Dr. John Straayer stated he felt it incumbent on the Council to defend the
Charter.
No further action taken on this item.
uses of the Coloradoan P,uildinT
t.,hl_ed for Staff Rccport
Director K Parks and Recreation, H. R. Phillips, gave a presentation of the
proposed uses and recom!tendaLion below:
The Parks and Recreation Advisory Board recommends to
the City Council that the ol? Coloradoan Building stall
be used as 'a Community Recreational Center, managed '
and supervised by the Parks and Recreation Department.
To provide the nest and highest use of space, the
building will be designed to accommodate the following
programs:
1. Office and work space for recreation staff.
2. Recreation Department sponsored classes and
programs.
3. Extensive senior citizen recreational activities.
4. Youth activities compatible with building design.
5. Adult activities compatible with building design.
6. Community activities needing meeting space_ on a
scheduled basis.
The Parks and Recreation Advisory Board recommends the
preliminary drawing by Robb and Brenner, Ind. for
remodeling the old Coloradoan building; ba accepted by
the City Council for the basic preliminary plan.
Councilwoman l.wo➢an Cray stated she had received Filed an inquiry on l hat policy C.eu :cil ,
Yiould set on tmmi%n-:n ti - bu ldnw would be open, si,affing, etc. "Ibis
item will hu addressed at b udgut timc.
222
Dr. Charles Shepardson presented an alternate drawing and plan for the loca-
tion of office areas for senior citizens.
Councilman Russell stated he and Councilman Bowling envisioned using the
Coloradean building as a terminal for the Citv!s busses and providing a
lounge area in the building, using the vacated Fire Station No. 2 as a
Parks and Recreation office complex. Councilman Russell further suggested
that Council take action and use the Coloradoan building strictly for
Senior Citizen services.
Councilwoman Gray spoke to the concerns on funding for this building if it
is used by other than strictly City services.
x Dr..Sheparuson further discussed the agencies who desired room in the building
,—� and their requested space_
'U
C:
City Manager Brunton stated there is no money to operate this building in the
Qj budget this year; be did feel the staff could wall: out a satisfactory arrange-
ment of all concerned.
MG. Gladys Eddy spoke to the Parks and Recreation ]Board's recomian la-.
tion that the building be used as Co^mnnity Recreational. Center.
Councilman Dowling made a motion, seconded by Councilman Wilkinson, to
table the i.tcm for two weeks for a staff report. Peas: Council members
Bowling, Gray, Russell and Wilkinson. Nays: Council members Fead,
Preble and Reeves.
Councilwoman Preble stated she VIVO _•eArring this bac;•: to the adminis-
tration, Council should clarify what Council expects from the report. Council-
man Russell stated he felt the report should encompass three areas, (1)
whether to use the building as a come --unity center, (2) to use it for
Senior Citizens exclusively, and (3) to use in a combined manlier u,dth costs
on each. Cowlciinlan Bowling concurred and added he would like the long
term ramifications of moving the Parks and Recreation facility to the park.
Counci.lwo:�cn Reeves stated she did not feel the Pire Station Mould be usable
for many parks and recreation uses, therefore;
Councilwoman Recves made a motion, seconded by Councilwoman Gray, that
Council reaffirm their stand that the Coloradoan Building he used as a
Collmnuuity Recreational Building. Yeas: Council meters Bolling, Fead,
Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
Jim Cox reinstated to the Landmark: P-_eservation
Commission
F'
Mayor Fead stated that in vi.ew of the factt that the Landmark Commission says
that the)' do riot want to supervise the reconstlncti.on of the every Houseli he
' would like to see someone move that Council put Jim Cox back on the ka:ndmark
Con'lllss lOn .
223
ZL4
COtmci.lr:oinn Reeves made a motion, seconded by Councilwoman Cray, to
reinstate 1.1T. Jamcs COS as a manlier of the Landmark Prescrvation Co-m.mission.
Yeas: Council members BOli l.]]1 riled, Cray, Proble, Reeves alld h"ilklnson. '
mays: None. (Councilman Russell out of room)
Nis. Janet Painter and Mr. Chuci: Rurchf.ield spoke briefly to this item.
Agreement with CSU retarding charges for
Sanitary Sc.= Service arr_nded referred
to the City Attorney
-
City Nlanager Brunton stated that at the time the sewer rates had been estab-
lished, CSU had anrl,cd =- y f & I Inc.t0 l .:`1'e all 171i 11.trlt1C.1 study 7-le 1 i:01'lI1Cd.� N`, ,
had done tnis.
At its June 6, 1974, meeting the City Council adopted a resolution with
regards to the fees for both Eater and sanitary sewer service. At that
time one of the factors involved in establishing a serer service charge
was the questionable amount of inPi.itration from the CSU system. CSU was
informed that, if they would ;cake a study on the extent of the infiltrntion,
the City would then again, review the service charge for sever.
CSU had N t; I Engineering prepare an infiltration report based on field
study. Since the City received a copy of this report during the first part
of 1975, it was sent to Black F Veatch, the engineers who prepared the
original sewer and water rate sutdy for the City. On the basis of our '
analysis, we inft med CSU that we would rccoh"cnd to tic City Council that
the 431 rate be reduced to 41.51 per thousand gallons. CSU had their staff
personnel review this matter. On March 17, 197S, I rcccived a letter from
Don Rohdy, Vice President of University Services, accepting the rocommunded
rate of 11.51 per thou`a& gallons of winter quarter water used, subject to
approval of the City Council. It was our mutual understanding that at
some stage we would do s more detailed re-evaluation of more of our sewage
rates in the City, and at that time t:ho N $ I report will be taken into
furhter consideration.
Recommendation: The Administration recommends that the City Council.adopt
the 41.51 rate for sewer service charges in lieu of the present 430 rate for
CSU. The City Attorney would ten prepare the neccssery resolution and
amended agreement for final adoption by CSU and the City.
Councilman. Bowling made a motion, ssconded by Councilman Wilkinson, to
lilt:?"IOT12e the G1ly Attorney t0 pYcp[li'C the 7"C 5011it1CJi f�iiil e ii'.Jnd till' ag-ree-
m'ent with CSU and tie City. leas: Council melhbeis Eowling, mead, Gray,
Preble, Reeves and Wilki].son. ways: Noise. (Councilman Possell out
of room) .
Brown Farm Subdivision Third Filing
Fin al PI an dips-os=d------ -- '
Associate Planner, •haul. WWI, stated this filing consists of 184 single
family Lots on 52 acres, zone) R-1:, low Density Residential 1)LB 2'7=
224
225
There were a number of minor changes and revisions made at the request of.
the Planning Staff and the Planning and Zoning Board. The only major question
is the status of a storla hater detention facility. The cluestlon of i.•a1,11tenance-
ownership of detention pencils and drainage channels will be submitted to tile
City Cotuici]. for a general policy decision. On the basis that a storm water
detention facility policy could be established, both the Planning and Zoning
Board and the Planning Staff rcconurended approval.
•ir. Fritz Jackson of M-iceler Realty, stated that the hone owners association
would L'alntaln the retention ponds as shown oil Tract "A".
0 Councilman Bouling made a motion, seconded by CounciLrvn Wilkinson, to
approve the Brown Farm Subdivision Third li_].ing. Yeas: Council members
Boetlin,, Fead, Gray, Prebie, Reeves and Wilkinson. rays: None.
(Councilman Russell out of room)
W
Renewing Engineering Service Contracts
arnroved
City bo nager Brunton's memorandum on the subject is as follows:
In reviewing our Charter, Section 34 of Article V states, "No contract for
,service shall be made by the City for a longer period than two years, unless
' authorized by ordinance, which ordinance shall not be passed as an emer-
gency ordinance."
In the past we have assumed that this provision was for repetitive types
of services. However, there is a question of whether our two outstanding
contracts with Black and Veatch with regards to the Sewer Treatment Plants
and our contract with N053 l-Ellingson apply. In all three of these contracts,
itwas the intent of the City that the two aforementioned engineering firms
be retained until the completion of the projects. The two agreements with
regards to the expansion improvements to Sewer Treatment Plants Ul and 42
were approved on July 27, 1972. Work on both of these projects should be
completed by approximately August, 1976. The contract with McCall-
Ellingson_to do the work on the Joe Wright Reservoir was approved June 3, 1972, as
per their proposal of April 13, 1972. The original agreement called for a
readjustment in the fees based on the change in inElationary costs. Therefore,
there has to be some changes made in pages 12, 13 and 14 of the original
agreement. These changes do not affect the basic fee schedule, but pri-
marily are for miscellaneous work. For example, in the spring of this year
we will have to look for an alternate gravel site for the dam. This is
classified as an extra item. McCall -Ellingson will not be authorized to
proceed with the final work until the entire matter has been reviewed with
the City Council.
Recommendation: In order to clarify any possible misunderstandings or
n:isintorprctations, the Administration recv;mcnds that the tierce aforc„ontioncd
' agreements with black and Veatch and McCall -Ellingson be renewed from
April 1, 197S, through :March 31 , 1977. It is further recommended that the,
proposed fee adjustments affecting special services proposed by McCall -
Ellingson be approved and authorized.
22S
LZb
City Attorney hared advised the Council that: the McCall -Ellingson contract
specifically called for fee increases -- extra services over and above the
contract, and Council is prin;arily renewing the contract. '
Cowlcij.:ian Bowling made a motion, seconded by Councilwoman Gray, to approve
the three contracts %-.ath the cost adjustments as o'_ltlbled. Peas: Council
members Bowling,Fead, Gray, Preble, Reaves, Russell and Wilkinson. Nays:
None.
Increase in Invironmental. Impact Studies
Costs Denied
City Manager Brunton stated he had received a request for payment from hr.
Harold Ellingson of $9,768.00 for overruns on the City's em'iro,.niental impact
statement for Joe 1'vrit,ixt Reservoir.
iir. Ellingson spoke to the three areas of: o,:ernms.. on the project, and
addressed tide additional cost as Win; caused by either extra studies
requested by the Forest Service or chnljes in policy from 1'iashingtoil D.C.
Councilini-ol Pb ling sp:i':e to his conversations with Stir. Quica.rella Of the
Forest Service on this matter, and Mr. Ellinson responded to the questions.
Director of Public 1','orls, Charles Liqui.n, stated he felt the extra studies
had been done because of a "directive" from the Forest Service. Conslderaill.c
discussion followed in which the City Manager summed up his confidence in '
Mr. Ellingson on this project.
Couilcll➢tan Bo -,,.-lingo I,i.�d.e a motion, seconded by COui'Icilwontan Gray, to deny the
increased costs. Veins: Council. iilaReTs BOwling, Gray, Russell and h'll.klnsOn.
Nays: Council membors'Fead, Prebic and Reeves.
Detention PonJ Police tabled
City hVinager Brunton recormiended this item be tabled to a work session.
Council;oman heaves made a motion, seconded. by Councilman Bowling, to table
this item.. Yeas: Council nrnibers Bowling, Gray, Problo, Reeves, Russell,
and 10.1kinson. -Nays: None. (Councilman Fcad out of room)
Mountain Bell Rate :increase participation
approved
Councilwoman Prebl.e made a notion, seconded by Councilwoman Reeves, to have
the Council vote "yo s" Oil 1-vhCUlc- tho Coionido h unicll)al League should par-
ticipate on behalf of coil. iImier and municipal interest in MA,untain Bell's
1975 proposed rate increase preneeding. Yens: (ounce. imembers Bowling,
Fead, Gray, Preb.le, Reeves, Russell and bi:i_h inson. Nays: None.
Reid d Burton designated Construct ,n l-aii zgex
General ContTactel for oroposeC Public LibrTiTy
City Attorney l,urc.h stated he would like to speak to a previous co;n:Ient.
226
n
ill
1
regarding the Burton bid being an irregular bid; he now felt the bid r:as
responsive.
City Manager Brunton stated there had been a concurrent reCOITRendatlon from
the Staff and the Library Board that the City use a Construction/Pdanager/
General. Contractor arrangement on the library building. Sununaries of the
six bids are as follows:
SUr/mTRY
BIDS RECEIVED FOR CM/GC LIBRARY BUILDING PROJECT
Livingston Construction, Inc.
Petry CM
1. Basic Service Fee: 6% of direct cost
or a maximum of $80,000.
2. Change Orders: Same fees as in A.
3. Reimbursable and non -reimbursable costs
as per AIA Document A111. (cost of the
wort: plus a fee agreement between Owner
and Contractor).
1. Basic Service Fee: 6% of 11.4 million
or $84,000.
2. Change Orders: Related to the final
cost of the project.
3• Reimbursabl.es and non-reim:eursables
as per AIA Dociunent Ali! (cost of the
work plus a fee agreement between
Owner and Contractor).
G. E. Johnson `1. Basic Service Fee: $6o,000.
2. Change Orders: Scope increase at 101'
of the additional construction cost.
3. Reimbursable and non -reimbursable costs
as per AIA Document Alll (cost of the
work plus a fee agreement between Owner
and Contractor).
Reid Burton Construction Co. 1. Basic Service Fee:
Proposal. L -Lump sum fee of $747500 for
cost of project without adjustment unless
project exceeds $1,600,000.
Proposal R--Liunp semi fee of $74,500 for
total project plus an increase to the
fee of 3/4 of ly for each $50,000 decrease
of the contract value below the median
forecast of $1,400,000.
2. Change Orders: Same fee as in #I .
' 3. Rciribursab.l.e: and non -reimbursable costs
as per AIA Document between Owner and
Construction Manager.
227
S•;ilkins Company, Inc.
Pinkar•d Construction Co.
A. 1'uzi.mun $7>500 for pro -construction
scrvicco. ,
B. 7 1/25 or $105,000 for construction
services.
2. Change Order;: Changes which result in
a higher cost, Contractor's fee increases
proportionately when the total increase
in cost is more than 511.
3. Beimbuvsables and non-rcimbursables as
per agreement submitted by the City with
the instructions to the bidders.
1. Basic Service Fee: 3.5 of $1,000,000 or
$49,000. Fee does not include project
mann_;ers or .personnel involved with tha
project. This figure represents profit
and overhaul.
2. Change Orders: Cost plus; 101 handling fee.
3. Reimbursable and non-rci.n. urs-.i;lc costs as
per agreement submitted with the instruc.-.
tion.s to bidders plus reimbursable exp:!nses
involved in debris removal and emergencg
work affecting the safety of persons and
property.
Tile had recolr,,ended the G. E. Ja:;nson bid.
r�ir. Tod.] lvAun, Of !�ilchn-Ld Electric of 'Fort Collins, spoke in favor of the Reid
Burtoa Construction bij, specifically allowing the local subcontractors to
bid.
M'r. John Haim, Hahn Plumbing and Eeating, Inc., aiso spoke in favor of the
local contractor (Reid Burton).
f•ir. JcLn sanTpl.e, an BLlJll.oyee of G. E. Johnson, spoke in favor of the Johnson
bid.
Air. dike Micha--I s, a local roofing contractor, spoke in favor of employing
a local contractor.
Counciihoiiian Reeves stand she would like for it to be clear that the City
would ay.ard the bids :for the subcontractors.
Coi:nci.h::: n. t-Lik.L son stated he supported the Construction/Mana„or concept
and gave his analysis of the bids.
Mike Ke fe: frcu: :.ho City staff sok.e on tihc Cuzl.i.ttec's .eco;,uncndation and
qualification of their choice, G. A Johnson ConstrMt on. ,
Mr. Al Zeinel or lxrett and Zcieel spoke to the selection and possible
costs Pea fc-oo'.
228
Councilman Wilkvuon made a motion, seconded by Councilman Bowling, to award
the bid to Reid Burton. Construction Company. Yeas: Council. members
Bowling, Fead, Preble, RusselL and Wilkinson. Nay::: Council momber�4 c;niN
and Reeves.
Cemetery house and flans for Rosolaw,t Cemetery
Approved
Cemetery Sexton, Rick Bott, stated the staff had reviewed the possibility of
placement of a mobile or modular home at Grandview for at least eight years.
City Alanager Br.utton stated what tine administration was asking for was auth-
orization to proceed within the budget, for a new house, with the understanding
OG that it can be readily moved, when,the grave spaces are needed.
r-i
Councilman Russell made a motion, seconded by Councilwoman Reeves, to approve
_ the recommendation. Yeas: Council members Bowling, Gray, Reeves and Russell.
W Nays: None. (Council members Fead, Preble and Wilkinson out of room,)
City Manager Brunton stated that Rules 'and Regulations for Roselawn had been com-
pleted.
Cemetery Sexton, Rick Bott, stated they were recommending the granite in an
area where it had not been allowed, and spoke to the sections to have flush
and raised monuments.
City Manager Brunton stated he was requesting that the Council accept in
principal the concept and authorize the administration to proceed to work on
it.
Councilman Bowling made a motion, seconded by Councilwoman Preble, to approve
the recommendation. Yeas: Council members Bowling, Fead, Gray, Preble;
Reeves, Russell and Wilkinson. Nays: None.
Motion was made by Councilman Russell, seconded by Councilman Wilkinson, to
instruct the City Attorney to prepare a resolution approving the regulations
for Roselaimi Cemetery. Yeas: Council members Bowling, Fead, Gray, Preble,
Reeves, Russell and Wilkinson. Nays: None.
m2 Airport report received
Mr. Brunton advised the Council that today.. April 1, 1975 his office was in
receipt of the IM report on the airport and the report from the Airport
Board.
The consensus of the Council was to receive the report, but to delay any
discussion because of the late hour and the importance of the matter.
Councilman Russell. made a motion to delay discussing the matter to the next
regular meeting. (No second to motion)
m
City Manager Brunton advised the Council that this item would'be placed on
the agenda at 5:30 P.M. on April 15, 1975.
229
Review of proposed Five -Year Street Program
City Manager Brunton gave a brief outline of the material to be covered -
1) urban systems; 2) completion of the 1975 fall work; 3) keeping up with
the 5-year program; and 4) the amount of staff: and space available to get it
done.
Director of Engineering Services, Roy A. Binbmian, spoke to the street pro-
gram, showing those projects which had been completed, those in progress and
those to be started soon, and the problems in getting new projects started,
i.e.staffing, space and budgeting.
The problem of hiring engineering services for design work on these projects,
as opposed to hiring additional personnel for this purpose, was discussed
at length. City Manager Brunton listed for the Council those projects
already under way on which the City is currently using professional
engineering services and those to be started which would require outside
service in order to get the best job done.
City Engineer, Don Parsons, speke to the work planned for the remainder of
1975, and asked for direction from the Council if they have different
priorities than those presented.
City Manager Brunton spoke to the problems of scheduling and time tables,
emphasizing the lead time necessary to obtain the necessary land acquisitions.
Councilwoman Reeves expressed concern that the proposed projects to 1980
seem to be only the arterial streets. Director of Engineering Services,
Roy Bingman, stated that this would be controlled in the annexation policy
and the amount of growth the City experiences.
City Manager Brunton spoke to the immediate need to get the engineering
portion of the downtown work and the Spring Creek sewer line started. Due
to the time frame professional help should be hired and on future projects
the City will be looking to additional staff.
No official action taken.
Other Business
1. City Attorney March advised the Council that a vacancy exists on the
Building and Contractor's Licensing Board and needs to be filled.
Adjournment
Councilman Russell made a motion to adjourn the meeting to Tuesday, April 8,
1975 at 1:30 P.M., seconded by Councilman Wilkinson. Yeas: Council members
Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
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