HomeMy WebLinkAboutMINUTES-07/01/1975-RegularJuly 1, 1975
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Counicil-Mana;;er Form of Government
Regular Meeting - 5:30 P.M.
A Regular Meeting of the Council of the City of Fort Collins was held on
Tuesday, July 1, 1975 at 5:30 P.M. in the Council Chamber in the City of
Fort Collins City Hall.
�- Present: Council members Bloom, Bowling, Gray, Russell and Wilkinson.
Absent: Council members Reeves and Suinn.
W
Staff members present: Brunton, DiTullio, Bingman, Kaplan, Case, Cain and
Lewis.
Also: City Attorney March.
Tree Assessment District Referred to City Attorney
City Arborist, Carl Jorgenson, reported on the Code provision pertaining to
the care and protection of trees in the City, procedure for notice to pro-
perty owners of diseased or damaged trees, the time period allowed for
property owners to have the work done, and the notice required to be sent
by the Finance Director, if the City has done the necessary work, upon
failure of the property owner to do so.
Mayor Russell then called for those in the audience,who wished to speak to
the tree assessment,come to the podium. They were as follows:
1. Bernice Farmer, 1000 Glenmoor Drive, Fort Collins, who owls rental
property on Locust, stated two trees had been taken out which she had
been unaware of until a second notice had been given the tenants con-
cerning a third tree. Ms. Farmer protested the manner in which the
notice and subsequent tree removal was handled, plus the amount of the
assessment of $240.00.
2. Mr. Florencio Ramirez, 424 LaPorte Avenue, protested the $65.00 assess-
ment for tree trimming. Mr. Ramirez advised the Council that he is on
a fixed income, totally from Social Security retirement. City Attorney
March reviewed the ordinance provision which allows a resident to :rake
arrangements with the Finance office for payment of the amounts due over
a period of five years, with six percent interest. City Attorney
March advised Mr. Ramirez to contact the City Manager to see if he could
arrange for relief of this amount due.
3. Ann Garrison, 13010 Fast Kansas Place, Aurora, Colorado,owner of pro-
perty at 1007 and 1009 Woodford, spoke to a notice given the tenants
who had mailed the notice back to the City giving the City the owners name.
Ms. Garrison stated she had not received notice, therefore, she wanted
to protest both the manner in which the procedure is. carried out, and
the fees.
-1
` ).
Z4
There being no further oral protests, Mayor Russell noted for the record,
that letters of protest had been received from L. W. Fletcher, 1801 Falls
Court, Loveland, Colorado; M. G. Renburne,224 Canyon, Fort Collins, and
George Schuelke,8200 South County Road 9, Fort Collins.
City Attorney March stated, for the record, flat a complaint had also been
received from Faith Realty Company of Colorado Springs, stating they felt the
property was out of the City; it has been verified that the property is within
the City.
Mayor Russell then called for an executive session of the Council to discuss
legal considerations of the proposed assessments. Upon the meeting being_
reconvened, City Attorney March reported on the basic situation, as he sees it
from a legal standpoint on this, and suggested that Council table this
matter for two weeks and authorize him to meet with the parties in attendance
and the parties filing protest of record and attempt to settle those and
that he then be instructed to prepare an assessment roll, bringing back all
those v&ich have not been settled or paid, in an assessing ordinance. Mr.
March mentioned again for the record, that the assessments for Joe D. Redding
($168.00), Fred Dixon ($60.00),Briggs Corporation ($40.00) and, D. L. French
($39.50) have been paid.
Councilman Bowling made a motion, seconded by Councilman Bloom, to table
this item for two weeks, authorize the City Attorney to meet with the
parties who have protests of record, oral and written, and authorize him to
prepare an assessing ordinance for those who have not been settled or paid.
Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays:
None.
Ordinance adopted on first reading Vacating
an Alley in Block 123
Councilwoman Gray made a motion, seconded by Councilman Wilkinson, to adopt
Ordinance No. 34, 1975 on first reading. Yeas: Council members Bloom,
Bowling, Gray, Russell and Wilkinson. Nays: None.
Ordinance adopted on second reading relating
to the Hunan Relations Commission
Counc ilman 'Wilkinson made a motion, seconded by Councilman Bowling, to adopt
Ordinance No. 36, 1975 on second reading. Yeas: Council members Bloom,
Bowling, Gray, Russell and Wilkinson. Nays: None.
ORDINANCE N0. 36 1975
BEING AN ORDINANCE AMENDING SECTION 2-17 OF
THE CODE OF THE CITY OF FORT COLLINS RELATING
TO THE HUMAN RELATIONS COMMISSION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Section 2-17 of the Code of the City of Fort Collins be,
and the same hereby is, amended by changing the first sentence
thereof to read as follows:
1
f�
r
2
3.
1
Ti4
M
LLO
"There is hereby created a Human Relations
Commission, which Commission shall consist
of nine (9) members to be appointed by the
City Council."
Introduced, considered favorably on first reading, and
ordered published this 17th day of June, A.D. 1975, and to
be presented for final passage on the 1st day of July, A.D.
1975.
ATTEST:
Z141�j,01'e"-,.,eC;GG .
City Clerk
1975.
Pro Tem
Passed and.adopted,on final reading this 1st day of July, A.D
ATTEST:
City Clerk
Mayor
First reading: June 17, 1975 (Vote: Yeas: 5, Nays: 0)
Second reading: July 1, 1975 (Vote: Yeas: 5, Nays: 0)
Dates published: June 22 and July 6, 1975
Attest: .
ity Clerk
- Ordinance adopted.on first reading annexing
the Canfield property to the,City
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to adopt
Ordinance No. 37, 1975 on first reading. Yeas: Council members Bloom,
' Bowling, Gray, Russell and Wilkinson. Nays: None.
3'
Ordinance adopted on first reading annexing
the Fast Willox Lane property to the City
Councilman Wilkinson made a motion, seconded by Cowncilwoman Gray, to adopt
Ordinance No. 38, 1975 on first reading. Yeas: Council members Bloom,
Bowling, Gray, Russell and Wilkinson. Nays: None.
Resolution adopted appointing John J. Tobin
as Dtmicipal Judge
Councilwoman Gray made a motion, seconded by Councilman Bowling, to adopt the
resolution. Yeas: Council members Bloom, Bowling, Gray, Russell and
Wilkinson. Nays: None.
RESOLUTION 75-39
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING JOHN J. TOBIN AS MUNICIPAL JUDGE
WHEREAS, Article XIV of the Charter of the City of Fort
Collins requires that the City Council appoint a Municipal
Judge for a two-year term; and
WHEREAS, John J. Tobin has previously served 'as Municipal.
Judge on a part-time basis; and '
WHEREAS, effective July 1, 1975, Judge Tobin has assumed
the position of Municipal Judge on a full-time basis; and
WHEREAS, the City Council desires to re -appoint him as
Municipal Judge for a two-year term.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS that John J. Tobin be, and he hereby is,
appointed as Municipal Judge of the City of Fort Collins for
a two-year term beginning July 1, 1975.
Passed and adopted at a regular meeting of the City
Council held this 1st day of July, A.D. 1975.7
._ 'y//l' •tom/. �A4iYI,e,��
ATTEST: Mayor
L�
City Clerk
4
5
1
1
1
Resolution adopted approving agreement with
the Union Pacific Railroad Company
Councilman Bowling made a motion, seconded by Councilman Wilkinson, to adopt
the resolution. Yeas: Council members Bloom, Bowling, Gray, Russell and
Wilkinson. Nays: None.
RESOLUTION 75-40
OF THE COUNCIL OF THE CITY OF FORT
COLLINS APPROVING AN AGREEMENT WITH
THE UNION PACIFIC RAILROAD COMPANY
WHEREAS, Union Pacific Railroad Company has tendered to
the City of Fort Collins, Colorado, an agreement covering the
construction, maintenance and operation of an underground
power wire line across the property and under the track of
the Railroad Company near Harmony, Colorado; such agreement
being identified in the records of the Railroad Company as its
C.D. No. 39850-8; and
WHEREAS, the Council of the City of Fort Collins has said
proposed agreement before it and has given it careful review
and consideration; and
WHEREAS, it is considered that the best interests of said
City of Fort Collins will be subserved by the acceptance of
said agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF FORT COLLINS, COLORADO:
That the terms of the agreement submitted by Union Pacific
Railroad Company as aforesaid be, and the same are hereby,
accepted in behalf of said City;
That the Mayor of said City is hereby authorized, empowered
and directed to execute said agreement on behalf of said City,
and that the City Clerk of said City is hereby authorized and
directed to attest said agreement and to attach to each dupli-
cate original of said agreement a certified copy of this
resolution.
Passed and adopted at a regular meeting of the City Council
held this 1st day of July, A.D. 1975.
ATTEST: Mayor
�ilirl a J�wi�r �
City Clerk
5
I�
Final Plat of Lemay Subdivision Second Filing
approved
Associate Planner, Paul Deibel, identified the area in question.
The aforementioned 2.7 acres with Limited Business District Zoning is located
on the southwest corner of Garfield Street and Lemay Avenue. Initially, the
developer and the City discussed the property as a P.U.D. However, at the
June 2, 1975 meeting, the developer submitted the final plat as a standard
subdivision. There is no legal requirement that this property be planned
as a planned unit development, and the plat complies with the requirements
of the subdivision ordinance.
In either case, the staff recommended that there be no driveway cut allowed
onto Lemay Avenue. By a 3-2 vote, the Planning and Zoning Board recommended
approval of this plat with the curb -cut restriction included.
Councilman Wilkinson stated he saw no advantage to this property coming
in as a P.U.D. Councilwoman Gray expressed concern that this area might
not be properly zoned. Councilman Bowling stated this property has been
zoned for ten years, they are usually small areas, and he did not feel the
developers should be required to provide a P.U.D.
Dr. and Mrs. Robert Weakley spoke to their proposed plans for the develop-
ment on Lot 1 of the Subdivision.
1
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to approve ,
the final plat of the Lemay Second Filing, precluding the curb -cut on Lemay
Avenue, including a provision for storm water retention on site. Yeas:
Council members Bloom, Bowling, Russell and Wilkinson. Nays: Council-
woman Gray.
Rental rates on surplus irrigation water
for the 1975 season approved
The City of Fort Collins owns a considerable amount of water that is not
needed for present use. It is necessary to have a larger water supply than
needed in order to take care of any dry cycles or periods and to provide
for normal growth. During the time that surplus water. is not needed; it
is important that we attempt to rent this water.
At its regular meeting on April 18, 1975 the Water Board recommended
the following charges for surplus water rental for the 1975 growing season.
RECOMENDED RENTAL CHARGES
Horsetooth . . . . . . . . . $ 7.00/acre foot
City owns 10,291 acre feet
North Poudre . . . . . . . . . . $42.50/share (without lease back agreemenE)
City owns 839.75 shares $27.30/share (with lease back agreement) I
Pleasant Valley & Lake Canal $80.00/share
City owns 69.0918 shares
M.
1
M
1
1
Arthur Irrigation $ 4.00/share (most reserved for City use)
City owns 42.2242 shares
Latimer County Canal #2 . . . . . $73.50/share (most reserved for City use)
City owns 17.2188 shares
New Mercer . . . . . . . . . . . No Recommendation (reserved for City use)
City owns 12.1304 shares
Warren Lake . . . . . . . . . . No Recommendation (reserved for City use)
City'owns 34.7166 shares
Water Supply & Storage . . . . $850.00/share (rented to Water Supply &
City owns 9.9170 shares Storage Company per agreement)
Sherwood Ditch Company'. . . . . No Recommendation
City owns 0.4375 share
IInrnenv Lateral Ditch Corns No Recommendation
City owns; 1.750 shares
Taylor & Gill Ditch Company . . . No Recommendation
City owns 0.0625 share
Dixon Lateral Ditch Company . . . No Recommendation
1. City owns 3.80 shares
It is the recommendation of the Water Board that the City Council give
official approval to these charges
Councilman Bowling made a motion, seconded by Councilwoman Gray, to approve
the recommendation. Yeas: Council members Bloom, Bowling, Gray, Russell
and Wilkinson. Nays: None.
County referral on revised preliminary
plat for Willox Heights Subdivision
The aforementioned 18.6 acres is located north of East Willox Lane (extended)
between North College Avenue and Lindenmier Road. It is outside of the City
Limits. Under normal procedure, County referrals are. sent to the Planning
and Zoning Board and then to the appropriate County groups.
During our discussions with the Planning Department, it was brought out that
we need a more consistent and uniform policywith the County Commissioners with
regards to development around the City of Fort Collins. The Planning Staff
does not feel that this property should develop until it annexes to the City
and should then be developed in a manner consistent with the City's overall
planning. This County referral will be considered by our Planning and Zoning
Board at its July 7, 1975 meeting.
Recommendation: The Administration recommends that the City Council recommend
to the County Planning Commission and the Board of County Commissioners that
this plat be denied. It is further recommended that a meeting be established
with the City Council and the County Commissioners together with members of our
two Planning Staffs and representatives from both Planning Commissions to discuss
the entire matter of development in the areas around the City of Fort. Collins.
7
an
Councilman Bowling made.a motion, seconded by Councilman Wilkinson, to
approve the recommendation. Yeas: Council members Bloom, Bowling, Gray,
Russell and Wilkinson. Nays: None.
Report on City Hall expansion Recommendations
Approved
City
Manager Brunton reviewed the following ideas for new or expanded Municipal
Building
and assumptions:
SUMMARY OF IDEAS FOR NEW OR EXPANDED MUNICIPAL
BUILDING
1.
Addition to present building.
2.
Relocate present facility to Civic Center at Old Fort site.
3.
Remodel present building for use as new library.
4.
Convert North College Power Plant into City -County Administration Building.
5.
Remodel present facility to accommodate Police Department and Municipal
Court.
a. Convert present County building into a combined Criminal Justice
complex
b. Purchase or construct new combined City -County Criminal Justice
Complex.
C. Convert North College Power Plant into a City -County Criminal
Justice Complex.
6.
Construct a new Auditorium - Art Center Municipal Building at the
Lincoln Junior High School site.
7..
Construct a new City Hall on present site and remodel present existing
'
stucture for Police and Court.
ASSUMPTIONS MADE BY THE .ADMINISTRATION
1.
A joint City County Criminal Justice Complex will not be a reality within
the next decade.
2.
The Municipal Court will be located in the Municipal Building.
3..
All radio and telephone communications for the City will be combined into
one center with the new expansion.
4.
The present City Hall can adequately house the Police Department and
Municipal Court until 1990.
5.
Projected 1977-80 needs for the Municipal Building total 55,079 sq. ft.
the present structure contains 23,580 sq. ft.
6.
Construction costs for a building of this type run between $35-40 per
sq. ft. -
7.
Projected construction budget:
25,000 sq. ft at $40 $1,000,000
Remodel existing building 200,000
Furnishings 100,000
Contingency
Land Acquisition 100,000
TOTAL $1 400 000 '
8
Assistant City Manager, Mike DiTuliio, stated the staff is attempting to
provide the work normally provided in an architectual contract, by developing
the square footage requirements of a new building. The user departments
had provided their projected requirements. t
RECOMMENDATIONS:
1. Authorize the Architects (Robb and Brenner) to proceed immediately with
the design for the expansion of the present City Hall, either as an
addition to the present building or as a new building on the same site.
Z. Authorize the City to negotiate with Contractor to employ a Construction
Manager (pegotiatb4 general contract).
:^ It was the concensus of the Council that alternate solutions be presented
r whereby an additional $500,000.00 could be added to the $1,400,000.00, pro-
posed for the new City Hall.'rho need to establish priorities on the seven
:L year capital improvement program was also stressed.
Councilman Bowling made a motion, seconded by Councilman Wilkinson, to
approvethe recommendation. Yeas: Council members Bloom, Bowling, Gray,
Russell and Wilkinson. Nays: None.
Certificates of appreciation presented to
retiring Boards and Commission members
Mayor Russell presented plaques of appreciation to the following retiring
Board and Commission members, and expressed Council's appreciation for years
of service:
FIRE CODE BOARD OF APPEALS F, LANDMARK PRESERVATION COMMISSION
Jim Cox, Jr.
BOARD OF DIRECTORS OF PIONEER MUSEUM
Martha Scott Trimble
Earl Abbott
Charles W. Hagemeister
COORDINATING COMMISSION FOR SENIOR CITIZENS
William J. Wonders
DT2 STEERING COMMITTEE
Maurice 0. Nelson
HUMAN RELATIONS COMNISSION
' James Baird
John Clifford
N
LANDMARK PRESERVATION CON IISSION
Elwin Hunter '
Gary E. Hixon
Charles M. Burchfield
Liston E. Leyendecker
June Bennett
LIBRARY BOARD
A. 1
David E. Watrous
PARKS AND RECREATION BOARD
J. Ray French
PLANNING $ ZONING BOARD
Phil Riddell
WATER BOARD
W. G. Wilkinson
Citizen Particination
1. Steven Schell, 2220 Springfield Drive, representing a group in the '
neighborhood, stated their concern was the relocation of Fire Station
No. 2 to the west end of Avery Park. Mr. Schell presented a petition
which appeared to indicate.that 80 percent of the area residents were
opposed to the taking of parkland for this purpose. Mr. Schell then
referred to the deed regarding this park.
City Manager Brunton stated a meeting had already been scheduled with the
area residents on this proposal and will be held on Wednesday, July 2,
1975 in the office of the City Manager.
No further action taken on this item.
2. Mims Harris, Chairman of the Colorado Arts Festival, appeared before the
Council to officially invite the Council to the Festival to be held
July.17-20 in Fort Collins. Ms. Harris also presented medallions
created by Judson Pottery wihch will serve as a four -day pass to the
festival.
Other Business `
Nona Thayer, Executive Director of DT2, stated that when the Steering committee
had met with the City Council, Council had requested better public relations
within the community. Ms. Thayer stated that now there is a real opportunity
for putting out a flyer that could be widely distributed. She recommended
sending the flyer out with the annual report. The cost of 25,000 flyers
is $645.00
Councilman Bowling stated he thought it was a "good idea, and if this money
can be found in the budget, I would like to go ahead and help DT2 do this".
10
J�1
Councilwoman Gray inquired :i- Ms. 'Thayer had considered incorporating the
Iyr2 flyer in the annual roport. City Manager Brunton staged the antimil
report had gone to the press.
Councilman Wilkinson stated he felt this is a citizen input group and funds
should be raised outside of the City budget. Council members Bowling and
Gray spoke in favor of the request.
Mayor Russell inquired if alternate methods of funding had been sought. Ms:=:.
Thayer stated she had not had time to pursue it. Mayor Russell stated
he was not in favor of spending any more City money on DT2•
9
City Manager Brunton stated h6 had just received the budget projection for
the remainder of 1975 and he is not happy with it, the budget does contain
$800.00 which was earmarked for the Boards and Commissions handbook.
Mayor Russell stated he suggested to Ms. Thayer that DT2 campaign among the
businesses and run a half page newspaper ad; list the committees, list the
accomplishments and current projects and insert a place for persons to
respond if they are interested in serving on committees.
Councilman Wilkinson made a motion, seconded by Councilman Bloom, to deny the
request. Yeas: Council members Bloom, Russell and Wilkinson. Nays:
Council members Bowling and Gray.
Adjournment
Councilwoman Gray made a motion, seconded by Councilman Wilkinson, that the
meeting adjourn. Yeas: Council members Bloom, Bowling, Gray, Russell and
Wilkinson. Nays: None.
Mtr'yor
ATTEST:
I City Clerk
11