HomeMy WebLinkAboutMINUTES-09/02/1975-RegularSeptember 2, 1.975
COUNCIL, OF TILE CITY OF FORT-COLLINS, COLORAW
Council - Manager Form of Governwnent
Regular Meeting - 5:30 P.M.
A Regular meeting of the Council of the City of Fort Collins was held oil
Tuesday, September 2, 1975, at 5:30 P.M. in the Council Chambers in the
City Hall of the City of Fort: Collins. They Mayor called the meeting to
order noting the following Counci.lmembers present: Bloom, Bowling, Gray,
Reeves, Russell, Suinn. and Wilkinson.
Staff members present: Brnnhton, Krempol, Crain, Bingman, Kaplan and Lewis.
Also: City Attorney March.
Minutes of the Regular Meeting on August 5, 1975 and
minutes of Regular ideetii1L of Aumust 19, 1975 approved
Councilman Bloom made a motion to approve the
minutes
of both meetings,
seconded by Councilman
Suinui. Yeas: Council.meunbers
Bloom, 'Bowling, Gray,
Reeves, Russell, Suinn
and Wilkinson. Nays:
None.
Ordinance adopted on: first reading relating to Unit
Developments under the Zoning; Ordinance�_
Councilmelbers made general inquiries regarding the ordinance. Councilman
Wilkinson expressed concern over the active recreational use provision in
the ordinance.
City Attorney March stated there might be a slight conflict between item "A"
and "B" on page 16, but the logical interpretation would be if it were comunori
area, not necessarily common open space, which would be shown on the plan
as being open space.
Councilman Suinn made a motion, seconded by Councilt';oman Reeves to adopt
Ordinance No. 39, 1975, on first reading. Yeas: Coulicilmer.:hers Bloom,
Bowling, Gray, Reeves, Russell, Suina and Wilkinson. Nays: None.
Ordinance adopted on first reading amending the
Traffic Code
Councilman Sui.nui made a motion, seconded by C0WICilW0JK1n Reeves to adopt.
Ordinance No. 53, 197S, on first reading. Yeas: Conncilhmembers Bloom,
Bawling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Ordinance adopted on first reading relating to Water
Main Improvement District No. 6
136
1
Ordinance No.
54, 1975, authorizes
the issuing of bonds to pay the cost
of construction
and improvements in
said district. This district is
primarily on
Riverside with a small
portion on Lemay. Tlie bonds are
payable from
assessments to be made
against real property in the district.
Councilwoman Reeves made a motion, seconded by Councilman Bloom Lo adopt
Ordinance No. 54, 1975, on first reading. Yeas: Councilmembers Bloom,
Rowli.ng, Gray, Russell, Reeves, Suiiui and Wilkinson. Nays: None.
Ordinance adopted on second reading establishing a
Pension Fund for the members of the Police De artnent
Following is the City Manager's memorandum on this item:
At its August 19, 1975, meeting the City Council adopted the aforementioned
ordinance on first reading. There were several changes and nsert.i.ons to
be made in the ordinance that was submitted. 'These changes are as follows:
1. Page 4, first paragraph,eighth line - insert the number 14 in the blank.
2. Page 6, first paragraph, seventh line - insert the number 14 in the
blank.
3. Page 7, Section 9A and Sec,*.ion 9B - the referral to Section 1.4A was
changed to Section 8A.
4. Pages 7 and 8 - the Section, "Eliminate Medical Examinat.i.on" was deleted
since it was redundant with part of Section 10 on page 7 and part of
Section 11 on page 8.
The Council asked questions with regard to the ordinance. The first eras
in connection with the refund of the individual police officer's contri-
bution. At the present time this ordinance calls for the refL.uid without
interest. Several Council members felt that we should refWmd the interest
on the enn)lovee's portion of the contribution. We checked i%,i.th our actuarial
firm and several cities have taken the initiative to do the same as we;
namely, to refund the employee's contribution to the fund upon termination.
of service prior to retirement. In one or two cases, they are paying the
interest. It is the feeling of most that at some stage, this entire proce-
dure will be contested again in the courts. Because of i:his acid because
of our imminent actuarial study, we feel we should not change at this time
and pay interest. Hopefully, after our actuarial report is completed, we
will discuss further with the Council the entire matter of interest along
with possible escalation clauses and other portions to the Pension Ft.md,
The other questions raised were in connection with the problem of a vote i.n
case of a tie since there are six members on the Board of Trustees of this
Fund. 'ibis question is primarily acad.cmic since in most cases, the thinking
of all members should be consistent and the same; namely, to acLninister dic
pension payments as equitably as possible and to authorize the investment
of all revenue in the rand with due regard to state and local laws and
137
various fiscal safety factors. If there would be a case of a tie vote, ,
I assume the President would cast the deciding vote.
CounciLnan Suin made a motion, seconded by Councilwoman Reeves to adopt
Ordinance No. 55, 1975 on second reading. Yeas: Counc.ilmembers Bowling,
Gray, Reeves, Russell, Suinn and Wilkinson. Nays: Councilman Bloom.
ORDINANCE NO. 55 , 1975
BEING AN ORDINANCE E.STABL STIUNG A PENSION' FUND '.
FOR MEMBERS OF THE POLICE DEPARTMENT OF THE
CITY OF FORT COLLINS, SETTING PORTO DETAILS
CONCERNING THE ADMINISTRATION OF SUCH PENSION
FUND AND ESTABLISHING REQUIREMENTS FOR
RETIREMENT AND DISABILITY PENSIONS_ _
WEEREAS, the statutes of the State of Colorado (C.R.S. 1973,
Sections 31-30-301 through 31-30-324, inclusive) provide for the
establishment of police pension funds for police personnel of
municipalities of the state; and
WHEREAS, the City of Fort Collins is a home rulecity
under a Charter granted pursucityant to Article XX of
the Constitution of the State of Colorado; and
WHEREAS, the City of Fort Collins maintains a police
department and employs police personnel in such department; and
WHEREAS, Section 31-30-305, C.R.S. 1973, provides that in
home rule cities of less than 1.00,000 when the Board of Trustees
and the control, management, administration and application of
the police pension fund are provided for by Charter and ordinances,
the same may be controlled, managed, administered and applied
in accordance with such Charter and ordinance provi.SionS; and -
WHEREAS, in the opinion of the City Council of the City of
Fort Collins it is necessary and desirable thaw. the City of Fort
Collins provide for the control., management, administration and
application of the p.ol.ice pension fund of the City of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS:
Section 1. Policemen's Pension Fund Created. There is
hereby created a Policemen's Pension Fund which shall be controlled,
managed, administered and applied in accordance with the provisions
of this ordinance. The assets' of such fund shall be all assets
belonging to the Policemen's Pension Fund heretofore in existence
in the City of Fort Collins and all. additions to Cho fund herein-
after acquired.
138
Section 2. Board of Trustees.
A. There is hereby created a Board of Trustees of
the Policemen's Pension fund of the City of Port Collins. The
Board of Trustees of the Policemen's Pension Fund may hereafter
be designated as the "'Board." The Board shall have six members
consisting; of the following; ex officio members: The May"r, the
Director of Finance and the City Clerk of the City of Fort: Collins;
and three (3) members who arc personnel of the .Police Department
and elected by a majority vote of the members of the Police
Department. All shall be voting members. The es officio members
shall serve during; the tent of their office. The three members
elected from the Police Department shall serve for three-year
terms, provided that initial appointments shall be of one member
for a one-year term, one member for a two-year term, and one
member for a three-year term so as to accomplish overlapping
terms. 'terms of office for members from the Police Department
shall run from July 1 to July 1. of each year.
B. The Board of Trustees shall arrange for an elccti.on
among Police Department: personnel each year dur:i.ng, the month o:
June to elect a member to the Board from personnel of the Police
Department to succeed the member whose term is expiring in that
year. The Board of Trustees shall establish such rules and
regulations as they deem necessary concerning r Minations and
conduct of elections and shall insure that each, member of the
Police Department entitled to vote is afforded an opportunity
to vote on the member to be elected to the Board. Until the
Board hereby created is constituted, the Board of Trustees of
the Policemen's Pension Fund previously established in the City
shall continue to act. This Board shall be responsible for the
conduct of the initial election and may adopt such rules and
regulations as they deem necessary concerning the election.
C. The Board of: Trustees shall contr.ol,_manage,
administer and apply the Policemen's Pension Fund in accordance
with this ordinance and any other applicable laws, rules or
regulations. The Board shall adopt all necessary rules and
regulations for the management of the fund and the discharge
of the Board's duties not inconsistent with this ordinance or
other applicable law. All such rules and regulations shall not
be effective until presented to the City Council and approved
by the City Council by resolution.
D. At the first meeting of the Board held after July 1
of each year, the Board of Trustees shall elect a president,
secretary and such other officers as they deem necessary.
139
E The Director of Finance shrill nerve as the
;o,v-d ar.,1 :.i1:;11 i,c,. the cuotc;cii.an of a)1. pcnnsion
1'reasurcr of the l
funds and all moneys and other a;,cets balon;;i.u; to t:hc fund.
Be shall be liable on his bond and as Director of Finance for
the faithful performance of all duties imposed upon him by this
ordinance, the rules and regulations of the Board of Trustees
of the Policemen's Pension Fund and the laws of the State nf
Colorado and for the faithful accountin„ of.all moneys and
securities which may come into his hands belonging to the
Policemen's Pension Fund. Be shall keep a selinya"' a"rount
of all assets of the fund which shall at all times show the
true condition of the fund, and upon the expiration of his term
of office he shall surrender and deliver to his successor all
bonds and all unexpended moneys and other property which may
have come into his hands as Treasurer of the fund.
F. The City Attorney of the City of Fort Collins
shall be theofficial legal advisor to the Board of Trustees
of the Policemen's Pension Fund.
G. The Board of Trustees shall have the power to
employ such technical consultants. and advisors as they deem
necessary for the proper administration of the fund, including
attorneys, actuaries, financial consultants, physicians, and
such other experts as they deem necessary.
H. The Board of Trustees of the Policemen's Pension
Fund shall have the power to authorize payments from the find
for any services authorized by the Board and related to Clio
fund and its operation and maintenance.
I. The Board of Trustees of the Policemen's Pension
Fund shall serve without compensation for their services. Except
as otherwise provided herein, no Board member or any other
officer or employee of the Policemen's Pension Fund shall have
any interest, direct or indirect, in the gains or profits of
any investments made by the Board. No Board member or other
person connected with the Board, directly or indirectly, for
himself or as an agent or partner of others, shall borrow any
of the funds of deposits of the Policemen's Pension Mid or in
any manner use the same except to make such current and necessary
payments as are authorized by the Board, nor shall any Board
member or other person connected with the Board become an
endorser, surety or become in any ocher manner an obligor for
moneys loaned or borrowed of the Policemen's Pension Fund.
140
•
I: '
Section 3. Membership.
A. The membership of the Policemen's Pension Fund
retirement system shall include all members of the Police
Department of the City, inclndin,g specifically but without
limitation, all cii_spnt:cher: , m,,t:rr enforcement perc:onnel,
jailer, dog control of;Hcer::, :nid all other uniformed personuel.
Such membership shall not, however, include civilian personnel
such as secretaries nor auxiliary police nor cadets.
B. Except as otherwise provided in this ordinance,
should any member of the Policemcn's Pension Fund cease io be
a policeman in the employ of the Ci.ty of Fort. Collins for any
reason except to become a reti.rant hereunder or by his dc:it_h,
he shall thereupon cease to be a memhor of the Policemen's Pension
Fund and his credited service at the date of such sepn.nti.on
from service shall be forfeited by him. In the event such
person is re-employed by the City of Fort Collins its a pol.ir_cr:Ian,
he shall again become a member but shall not be entitled to be
credited with any previous service as a policeman of the City
of Fort Collins unless he shall refund and pay into the fund
contributions for such previous service which have "been refunded
to him pursuant to the provisions of Section I!I of this
ordinance, plus interest at the rate of three pfa cent: (3%)
per annum on such amount from the date that amount was refunded
to him.
Section 4. Fund Assets. In addition to t:he assets comprised
in the Policemen's Pension Fund on the ef.fectiv« da.t:e of this
ordinance, there shall be paid into the Fund:
A. All amounts received pursuant- to C.R.S. 1973,
Sections 31.-30-301 through 31-30-324, inclusive.
B. All moneys or other assets that may be given to
the Policemen's Pension Fund by any person for the use and
purpose for which the fund is created. The. Board of Trustees
of the Policemen's Pension Fund is hereby authorized to take
by gift, grant, devise or bequest any money, personal property,
or real estate or interest therein as trustees for the uses and
purposes for which the fund is created.'
C. All moneys, fees, rewards or emoluments (excepting
policemen's salaries) of every nature and description that may
be paid or given to the Police Department of the City of Fort
Collins or any members thereof in their capacities as policemen.
141
D. An amount equal to five percent (5%) of the totai
Department eligible
monthly salaries of members of the Police
to be members of the policemen's Pension Fund, which amount
is hereby
the Director of Finance of the City of Fort Collins
General Fund of the
authorized and directed to pay from the
Collins into the Policemen's Pension Fund monthly.
City of Fort
E. The amount to be contributed by members of the
Police Department of the City of Fort: Collins eligible to be
members of the fund from their respective monthly salaries,
which amount shall. be the i '.;a:Cicu7. percenta ;e monthly of
members'r.espccti.ve WO11 .y salaries; which i.s the contribution
of the City of Fort Collins provided for in part D of this
section. In order to effect this contribution, the Director
of finance is authorized and directed to deduct: the appropriate
amount from the respective monthly salary of each member of
the Fort Collins Police Department 010010 to be a memb"- of
in the
the Policemen's Pension Fund and to deposit t:h" same
Policemen's Pension Fund of the City of Fort Collins.
Section 5. Disability
A. If any member of the Policemen's Pension Fund
while in the performance of his duty as a policeman or by
reason of service as a policeman shall become physically or
mentally disabled and such disability shall be deemed to be
of a temporary nature by the Board of Trustees, he shall be
granted temporary disability status by the.board. In such
event he shall be entitled to disability pay as provided in
.this ordinance.
B. If any member of the policemen's Pension Fund
shall become physically or mentally disabled and such di.sabil.ity
shall be deemed to be of a permanent nature by the board, he
shall be ,ranted permanent disability status by the board and
shall be entitled to disability pay as provided is this ordinance.
C. For the purpose of determ9.ni.ng the physical. or
mental disability of any member as provided in subsections A
and B hereof, the board may personally examine the member or
may appoint one or more physicians or surgeons to make an
examination of the member and report their findings to the
board. Such report may be taken into consideration in deter-
mining whether the member is physically or mentally disabled
and whether such disability is temporary or permanent. .
142
D. After any•mcmber of the Police Department has been
retired temporarily by reason of temporary
poary disability, the Board
of 'Trustees shall have the right at any time to cause-_ such
retired member to again submit to such examination as the board
deems necessary for the purpose of determining whether such
disability yet continues and whether sucli retired member should
be continued on disability or reinstated in the service of the
Police Department. Such retir.ed.member shall be entitled to
notice and to be present at any hearing conducted by the board
and shall be entitled to question witnesses and introduce
evidence on his own behalf. The decision of the board on such
question shall be final.
Section 6. Retirement. Any member of the I'oli_cemen`s
Pension Fund who has reached the age of 55 years and who has
served for a period of t:cnt (7.0) year in the Police Dc,par.l:ment
of, the City of Fort Col.l.in:;, or who in Cl;c alt:ein;tt:ivc bias
completed. twenty-five (25) years of Servi-ce ill the Police
Department of the City of Port Collins regardless of age, shall
be entitled to retire from the Police Department and to rece:.va
a monthly pension as herein provided. Fo;: the purpose of deter-
mi.nir.l eligibility for ret:l.relncnC, Service in t.lie Police I cl , rtr.ont.
of any other municipality in ti;e State of Colorado mainlniinii;g
a pension fund under the laws of the State of: Col<rado, >=hall.
be considered the same as service in the Police Department of
the City of Fort Collins provided that if any member claiming
a credit for such service was refunded his contributions £or
previous service in such department, the amount refunded r,;ust.
have been repaid into the Policemen's.Pension Fund of the City
of Fort Collins in accordance with the provisions of Section
14 of this ordinance in order to entitle such, member to
ere-dit for such service.
Section 7. Applicaticn for Retirement or Disability. Any
member who desires to retire from the Police Department and
to receive a pension from the Policemen's Pension Fund, or
who desires to receive disability benefits from the fund shall
submit a written application to the Do.v d, which application
shall set forth the facts entitling such member to retir.cment
or disability benefits. In the case of retirement, the applica-
tion shall specify the time, neither less than ninety (90) nor
more than one hundred eighty (180) clays subsequent to the fi.l.i.ng
of the application, when the member desi-r.es to be retired. The
Board of Trustees shall consider such application and, if the
member is entitled to retire or receive disability benefits,.
shall approve the same and notify the Chief of. the Police
Department of their approval. The action of the Board shall
be completed within sixty (60) days after the filing of the
application.
143
Section S. Pensions and Disability Benefits. Pensions
and disability benefits from the Policemen's Pension Fund of
the City of Fort Collins shall be payable as follows:
. A. Retirement Pension. Any member entitled to a
retirement pension shall be granted a monthly pension equal to
one-half of the salary such member was receiving as a member of
the Police Department immediately prior to the date of such
member's retirement.
B. Temporary Disability. Any member entitled to
temporary disability benefits shall be eligible to receive
temporary disability pay in an amount- equal to the monthly
compensation paid such member as salary at t:he date of such
disability. Disability pay shall not continence until the member
has received all of his norwnl disability pay payable by the
City of Fort Collins to din.51 :d city employees. No member
shall be entitled to receive disability pay for more than twelve
(12) consecutive calendar months. In the event a member's
period of disability exceeds twelve calendar months, he shall
be entitled to no further temporary disability pay during the
period of his temporary disability.
C. Permanent Disability. The pension payable to
any member who is retired on account_- of permanent disability
shall be equal to the pension payable on account of retirement
because of age and length of service'as set forth in subparagraph
A above.
Section 9. Death Benefits. When any member or retirant
shall die and leave a dependent spouse, a dependent parent, or
dependent child or children under the age of. 18 years surviving,
such dependent shall be entitled to receive payments from the
Policemen's Pension Fund as follows:
A. The amount payable to a dependent spouse or
parent shall be one-half of the amount payable to a retired
member of the Policemen's Pension Fund pursuant to Section 8-•A
above. Such amount shall be payable first to a dependent spouse
and if there be no dependent spouse, then to a dependent parent
or parents. If there be a dependent spouse, no amount shall be
payable to dependent parents; and if there be two dependent
parents entitled to payment, then the amount payable shall be
divided equally between them.
B. The amount payable to or on account: of a minor
child shall be one=fourth of the amount- that would have been
payable to the member as a retirant under Section 8-A above.
Such amount shall be payable to or on account of each minor
child surviving the member and shall be payable in addition
to the amounts payable under subsection A above.
144
/ C. If the surviving spouse of a deceased member
shall remarry, such spouses's right- to a pension shall thereupon
cease and determine and shall not thereafter be re-established
in the event of a dissolution of said marriage.
D. Except for additional payments authorized under
subsection B above, the maximum amount of death benefits payable
hereunder shall not exceed the amount of pension benefit which
the deceased member or deceased reti.rant might have received
had he still been surviving.
Section 10. Insufficient Assets. If at any time there is
not sufficient money or other property in the Policemen's Pension
Fund to pay to each beneficiary entitled to payments therefrom
the full amount per month to which such beneficiary is entitled,
an equal percentage of such monthly payment shall be made to
each until the fund is so replenished to warrant payment in
full to each of such beneficiaries.
_ Section 11, Medical Examinations.
A. If any member who is receiving temporary disabil.i.t:;
benefits refuses for any reason to submit to additional medical
examinations required by the board, the board stall have Cite
right to discontinue disability payments to such manbcr until
the member submits to the medical examination requested, and
should the member continue to refuse to submit to examinatn:.
for a period of thirty (30) days, all of such meniber's rights
in and to disability pay and status may be revoked by the board.
Revocation of disability status by the board by reason of a
member's refusal to submit to a medical examination may be
grounds for discharge of a member from the Police Department
of the City of Fort Collins. If upon a medical examination
of a temporarily disabled member, the member is found able and
capable of resuming employment in the City Police Department,
he shall be restored to service and the disability pay shall
thereupon terminate.
B. At least once each year for the first five (5)
years following permanent disability retirement and once in
each three (3) year per.•iod Chereafcer, the board may require
a member who has been retired as permanently disabled and who
has not attained the age of 55 years to undergo a medical
examination to be made by or under the direction of a phsyci.an
or physicians designated by the Board. Should any such disabled
member refuse to submit to such medical examination upon request.
of the board, his retirement pay may be discontinued by the
board until. such time as he shall submit to such e::;:mination;
and should the refusal continue for one year, the board may
145
revolve all of such member's rights to retirement: pay on account
of permanent disability. If as a result of a medical examination
the board determines that the disabled member is physically
able and capable of;zesu;nin employment in the.Police .Department
of the City, the member shall- be restored to service in the
Police Department and his disability pay and status shall be
terminated.
C. Any.di_sabl:cd womber
(ci.thcr.
temporary or, permanent)
who has been or sh;il.l: be
returned
t.o active service in the
Police Department of the
City-as.provided
hc�rein.;;liall bc'
given service credit for
the period
used
recci.vil disability
pay from'the Policemen's
Pension
Fund, which.
scrvi.c:e credi:t
shall apply toward such
member':
right. -to
retire for length
of service.
Section 12. Bea -rings,. Prior to making any decision on an
application for a pension disability payment (temporary or per-
manent), suspension of disability pa.ymonts, or'benefi.ciary
payments, the Board shall hold a hearing. All persons in
interest shall be entitled to notice thereof and to be present
at such,hcarin-. Persons in 'interest may be -represented by
counsel. and shall have the right to examine all witnesses
presented at the hearing. Such persons shall,further have
the right to introduce any relevant evidence in their own behalf
All witnesses shall be examined undcr•oath which shall, be
administered by any member of the Board. Insofar as practical,
the Rules of Civil Procedure of the Statc'of Colorado shall
apply to such hearings. The decision of the Board in all cases
shall be filial.
Section.l.. D sabili_ty Benefits Received from Other Sources.
Prior to making any award for disability payments; the Board
shall determine whether the applicant is eligible for.workmcn's
compensation and/or group insurance benefits as the result of
such disabil.i.ty, and. in such event. shall reduce the disability
benefits to which the member is ot:.her.�:7i.se entitled by the ar.ount
of any worlmen s compensation or group insurance benefiLs p:;able
to the member. Group insurance benefits as used in this' section
shall mean group insurance maintained and paid for bythe City
of Fort Collins and shall. not i.i?elude any other insurance bene-
fits to which the member may be entitled.'
Section 14. Refund of Contributions.
A. Should any member leave the service of the Po'l.i.ce
Department of the City prior to becoming cli.gibl.e for a_ pension
hereunder for any reason other than such member's death, all
funds that shall have been paid into such fund by th-,t member
shall be refunded to him upon demand, provided that such demand
146
14d
be made within one year from terminaLion of entl,loymcnL. in no
event shall such refund include accunn.;l.ated int:eresC on the
member's contributions or any portion of the City's contribu-
tions to the Pol.icemcn.'s Pension Fund.
L'. If any merther has J.eft: the service Of Lhe Poldce
Department of the City and has received a refund of his contribu•-
t:iarts to t:hC,. ftntd and if the rcnf.f.c such cumber rc-c;:ter.s the
servi ee of. t:he Police L`epa r, wenE of Elie Ci.Ly, quclt nu rtber sha1.1
be cnCi.L'l.cd to pay bacl: the. amount: refunded t:o hi_m, toj;ct.hcr
with interest the; -con at the rate of three percent (30) per
annum from e the datthe refund was made. Such amouni: may be
;+ paid in a lump sum or in install.ments as tho Board of Trustees
r of the Policemen's Pension Fund may detccr .jne. To,
the ex Lent
-�'r' that such amount is paid back into t:hc l,ojj
COT"] oll , s i'crasinil
Fund, previous years of service stial-1 be credi t:ed toward sttcl,
menrbL s eligibility for retirement.
Section 15. False Statements. Any 1)erson who kno.ai-nl;ly
makes any false statements or falsifies or t;crmi_ts to be falsifi d
any record of the Police Department or the Policemen's Pension .
Fund in an attempt to defraud ti:e policemen's Pension 1'urui,
shall. be guilty of a violation of the orcli.rtances of the City
Of Fort Collins, punishable as provided in the Code of ordi-
nances of the City of Fort Collins. No comb-ction or fine
hereunder shall excuse such per -sox; from the duty to male ftil.l
restitution to the fund and such duty may be er:forcect by action
at lacy or otherwise in any court: of competent jurisdiction.
Section 15. Errors, Correction. In the event c,f any
change or error in the records of the Pol.icetr,en's pension' Fund
or the City results in any member, reti.rar;c or beneficiary
receiving from the Policemen's peas;-c,n Fund ;ore or less that:
he would have been entitled to receive had t:he records•bc
correct, the Board shall correct such error and shall as far
as practicable adjust subsequent_ payments in such manner that
the actuarily equivalent of the }>enefi.Ls to ;which such mernbrr,
retirant or beneficiary was correctly entitled shall be paid.
In the event of overpayment to any member, retirant or bene-
ficiary, the Board may take such action through legal pre-
seedings in any court of competent jurisdiction as nr_cessary
to recover such payient.
Section 17. Assienabili.ty and Execution, the right of
any person to a pension, to the return of accu;:ul-aLoci contribu-
tions or any other right accrued orBCCrtU.n;� Lo anY II7Cmb'GY,
retirant or beneficiary hereunder shall r.ot be assignable nor
shall. the same be subject- to execution, trarrt:?.shmet?t, �,.
..r
the Operation of ban!:ruptcy or :in^olvencv law or arty other ;. ,
process of law whatsoever, except as specifically provided
in this ordinance.
14'i
148
Section 18. Effective Date and Application. This ordinance
shall be effective ten <10) clays from the date of its final.
passave and the benefits provided for hereunder shall not apply
to any person. or beneficiary receiving pension or other benefits
`under the laces of the State of Colorado and the ordinances of
the City previously regulating Policemen's Pension Fund bene::ius.
The benefits payable to any such beneficiary shall continue to
be payable in accordance with the provisions of the applicable
which applied at the t:irac• of rcCi.rcnu nt of any member
previously retired unjor rhp poi 1cemen.'s: Pension Fund or any
beneficiary cnti.tled to receive payments nn account of any such
previously retired member.. T:XCE1`1'J.0N: The provisions of this
ordinance relatinf, to the right: of a member to withdraw such
vember's contributions to the Policemen's Pcnsi.on Fund at the
time of resignation before retirement from the Police D011.11TC.7
went of the City were previously in effect under rite r.uIPS and
regulationk duly adopted by the Board of Trustees of the Police-
mcn's Pension Fund heretofore _xi.sting. To the extent that
such withdrawal was permitted under such rules and regulations
and if any person leaving,the service of r:he Police Depart:;nent
and entitled to make spelt Wi.thdh.-awal did not: or was not al.l.oeaed
to do so, such person shall be allowed to make such withdrawal
is accordance with the provisions of- this ordinance.
section 19. Separability. If any section, subsection,
sentence or part of this ordinance or the application thereof '
to any person or circumstance is declared unconstitutional. or
otherwise invalid by any tour.:-- of: competent jurisdiction, such
invalidity shall not affect the other sections, subsections,
Scrttence..s and parts 'of ::his ordinance or. any o`her application
thereof, and the City Council hereby W- lares that it would
have adopted each separate part of this ordinance as a separate
ordinance.
Section 20. Supersedes Prior Law. This ordinance shall
supersede Sections 2-36 through 2•-43, inclusive, of the Code of
the City of Fort Collins provided that those sections shall
remain in effect as the same apply to any person previously
retired or eligible for benefits from the Policemen's Pension
Fund of the City of Fort. Collins.
Introduced,, considered favorably on first reading, and
ordered published this _19tn day of Au�ct....... _, A.D. 1975,
and to be presented fora final passage c:n the 2ud� day of
September A.D. 1975.
148
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149
�I
Cl7
1
ATTEST:
Mayor --�
Ciry Clerleputy)
Passed and adopted upon final reading this 2nd day of
September A.D. 1975.
ATTEST_:
r
Icy leliC
First Reading: August 19, 1975
Second Reading: September 2, 1975
Dates Published: August 24, 1975
(Votes: Yeas: 7, Nays: 0)
(Votes: Yeas: 6, Nays: 1)
and September .7, 1975
Ordinance adopted on first reading Transferrin
$6,359.73 from General Fund to the Fire Station
Construction Account of Capital Improvement Fund
Councilman Wilkinson made a motion, seconded by CoiuiciDTLln Bowling to adopt:
Ordinance No. 57, 1975 on first -reading. Yeas: Councilmembers Bloom,
Bowling, Gray, Russell, Reeves, Suinn and Wilkinson. Nays: None,
Ordinance adopted on first reading Appropriating
from the General Fund the sum of $10,000 to Transfer
to and Expenditure from the Conmiun.i.ty Education
Account of the Trust Fund
Councilman Bowling made a motion, seconded by Councilwoman Gray to adopt
Ordinance No. 58, 1975 on first reading. Yeas: CouilciLnelSibers Bloom,
Bowling, Gray, Riissell, Reeves, Suinn, and Wilkinson. Nays: None.
Ordinance adopted on first reading Transferring the
Stan of $266,375 from the Seven -Year Capital Limpr.-ove.-
ment Ftard to the General Fund
Councilman Wilkinson made a motion, seconded by Councilman Suinn to adopt
Ordinance No. 59, 1975 on first reading. Yeas: Co'anc:ilnembers Bloom,
Bowling, Gray, Russell., Reeves, Suijrn and Wilkinson. Nays: None.
Ordinance adopted on first reading Transferring
Surpius fLmds in Certain .I�,pCCial Lilprovemient Districts
to the Surplus and Deficiency Account of the Special
Assessment Fund _
•----- 149 ~— —
100
Councilman Bloom made a motion, secovdcd by Council.man i'lill.insor to adopt
Ordinance No. 60, 1975, on first reading. Ycas: Council.muubcrs Bloom,
Bowling, Gray, Russell, Reoves, Su0n and Wilki71301. Nays: None.
Resolution adopted approving Agroercnt.with the
Colorado and Southern Railway Cou_pun-v__.__—
Councilman Boh1ing made a motion, secouded by Com,ciluoman, Gray to adopt
the resolution. Yeas: CoLuxilmc.:;bers Bloom, Bowling, Gray, Recves, Suinu
and Wilkinson. Nays: DN)= Russell..
RESOLiT.CION 75-48
OF THE COUNCIL OF THE CITY OF FORT COLLINS'
APPROVING,AN AGREEMENT WITH THE COLORADO
AND SOUTHERN RAILWAY COMPANY
WHEREAS, it is necessary that the City of Fort Collins
install three conduits to carry electrical transmission cables
under the right-of-way of the Colorado and Southern Railway
Company at Mile Post 77.L7, Greeley Branch Track, Schumacher,
Colorado; and
WHEREAS, an agreement has been prepared to be entered
into between the City of Fort Collins and the Colorado and
Southern Railway Company permitting such installation; and
WHEREAS, said agreement has been approved by the City
Attorney and the City Manager and the City Council now desires
to approve 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 Kayor. 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 ancl adopted at a regular meeting of the City Council
held this day of September, A.I, 1975.
ATTEST:
City Clerk
I ayor '
ISO
1
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151
Rcsoluti.on adopted .:pproking, an Agrecnierrt with the
' Colorado and Sout'iwrn llailtiaaN� ComLy r
Cowicilman Bowling made a motion, seconded by Councilwoman Gray to adopt
the resolution. Peas: Councilmcnibers Bloom, Boi:•ling, Gray, Reaves, Su.irn
and Wilkinson. Nays: Mayor Russell.
RESOLUTION 75-49
OF THE. COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AGREEMENT WITH THE COLORADO
r AND SOUTHERN RAILWAY COMPANY
. J
W
T
WHEREAS, it is necessary that the City of Fort Collins
install a sanitary sewer line under the right-of-way of the
Colorado and Southern Railway Company at Mile Post 75.71,
between 9th and loth Streets in Fort Collins, Colorado; and
1,THEREAS, an agreement has been pr.epzired to be entered into
between the City of Fort Collins and the Colorado and Southern_
Railway Company permitting, such installation; and
•
WHEREAS, said agreement has been approved by the City
' Attorney and the City Manager and the City Council now desires
to approve the sane.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the terms and conditions of said agrecment
be, and the same hereby are, accepted and approved; aijd
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 an adopted at a regular meeting of the City Council
held this day of September, A.D. 1975.
�� Z'
ATTEST: Mayor
ty lerk
]51
152 . .
Various Easements and Dedication Deeds
accepted
Listed' below is a sumnary of the easements or deeds for property recently
obtained by the City;
1. A road right-of-way from YJayne K. Schrader in connection with Street
Improvement District No. 69. This property is located on the southwest
corner of Prospect and Lemay. This right-of-way is to be used for the
limited purposes of sidewalks and utilities.
2. A public road, sidewalk, and utility right-of-way from Robert F. Frederick,
1215 Taft Mill Road. This is a grant of dedication for a public road, side -
and for the installation and reinstallation, servicing, and maintenance
n:ce
of utilities over and across the above -described premises. It is required
in connection with our extension program.
�. An underground power line right of way at Lake Street and South College
Avenue from Ruth E. Kinch. This is a 10 foot wide easement needed to provide
access to a conduit '..hick had previously been installed under College Avonue.
Councilman I'lllkinson made a motion, seconded by Caincllman Bowling to accent
the various deeds and casements. :yeas: Councionerbers Bloom, Bowling, Bray,
Russell., Reeves, Suinn and Wilkinson. Nays: None.
Administration authorized to proceed with Dowlitovwl ,
R.edevelohment Commission fission Rt,comeendation for Preliminary
Desi)n Contract
City Manager, Robert L. Brunton, spoke to the following memorandum:
in urde:r to proceed with the Downtown Redevelopment project, it wi-11be.
ne :: aary to retain the services of a design firm. l arli.or. this year our
int.:rnaj downtoim redevelopment task force _i.nterviewod six different firms
to .:omnl.eto this work. On a concensus-vote basis the top three Mons were
sulwit.tod to the IY-wntown Redevc1Qpmn&t Commission. On August Fth, 1975:
the Commission interviewed these three finis. At its August 120 meetin„
the Downtown Redevelopment Commission, in an 8-to-nothing vote with two
abstentions, recommended to the City Council that the joint venture K
J0I1.1son, Johnson anCt Roy, lnc.. and LDAW, Jlc. , to be retained to perform tile
noccssary services to complete this project.
it 'i is the lllUM, jC lne fi rm' s nork is .., c ept.cd, th0.t they proceed rhroiy:'i
Vic varies:_, phases; tothephysical a er;1c'tiou of tie: p OWA. A% contr.'ct
will provide for phase progress. The first phase would be preliminary
des i„n. It is also important, in a project of this tyke especially, that
we spell out in detail exactly what we will be getting in services for
each of the various phases and what it would cost. Bob cerluga, Downtown
Redevelopment. Director, and Art Dlarch, City Attorney, will assist the
152
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153
internal ciowntoun task force and will negotiate the actual terms of Mc:
contract. The contract along with the various cost figures, together with
the budget for the operation of the Doi,nto,n Redevelopment Commission office,
will be reviewed by staff, the Downtov.n Redevelopment Commission, and then
referred to the City Council for final action.
Rcconunendation: The Administration recommends that the City Council authorize
t1e—Acnftnistration to proceed with the negotiation of a contract with Johnson,
Johnson $ Roy, Inc. and hDAW, Inc., to provide the various architectural,
landscaping, and engineering services to construct the downtown mall.
Planning Director, Les Kaplan, and Downtown Redevelopment Director, Bob Ferluga,
�+ gave oral reports on the recent meeting of the Commission.
-r
M Fir. Jerry Soukup, a member of the Commission spoke in support of the recom-
mendation of the administration.
Cou::cibnan Wilkinson expressed concern that the commission not reconsider a
change in the by --pass route.
Counn:il.man Bowling made a motion, soconded by Councilman Wilkinson to aPprove
the recommendation of the administration. Yeas: Counci_lmembers Bloom,
Bowling, Gray, Reeves, Russell., Suinn and Wilkinson. Nays: None.
R nyclins Something Committee Concept
' Sig members of the Recycling Committee pretmcd a history and descriptica
of their proposal and requested council assistance in selecting a site for
the operation. Those speaking to the item were: Debbie Drake, Steve Smith,
Care! Bevenir, Nary Libb Sovcik, Rick Geshwiler and Ricki Saftler.
The City J D'uncit noted the projects as torthy and referred the item to cite.
administration to work on selecting a site for the proposed operation.
Presentation of Plaques of
Appreciation
Mayor Russell presented a Service Award to Marion Turner who has retired
after 1S years of service to the City. Also, to David Watrous for his
serrice and contribution to dte Pioneer Musewn Board, Library hoard, and
the Cultural Resources Board. A total of 33 years of loyal, dedicated,
public service to the City of Fort Collins.
Final Plans and Spcci `: cations for tine Joe l;right
Reservoir Project, uthorized
Rogcr Krempel; Director of the Water and Server Utility Bopartment and City.
Mana�tcr Robert Brunton spoke at length to the protect and the following
memorandum on this item:
1 153
1 )4
At its August 15th, 1975 meeting, the port Collins hater Board hold a mooting
on the optimum size of the Joe Wright Reservoir. At that meeting, It was
unanimously recannerded that the City proceed with the final plans and speci-
fications for the .Joe Wright Reservoir for the high level dar with a useable
storage space of 6,795 acre feet. We have not included the resident insnccti.on
in our recommendation for authorization at the present time. We are still
trying to negotiate the resident inspection part of the contract: to a lower
figure. It is estimated that approximately ten fulltvne people will be
required during the two construction seasons that this dam will be under
construciton.
According to our inl:ornr Lion, the onvironwaual assessment: that is born,;
prepared by the National Forest Service is completo. Thu), are in the process
of printing this report and they hope to have it available for counncnts .in
the near future. There are no further public hearings contemplated. They
will ask for public input for 30 clays and then analyze any input in thoir
final report. Their report as far as we understand it will be a negative
statement moaning that: there are no major environmental problems in vonn_c-
tien with construction of the project.
w he rclsen r:11y we want to proceed With this project at this time :is that
there is a need to do about two months of engineering work at the site by Pore
winter sets in. We would save considerable time if we could have this word:
crone this year.
Wo are working on various schemes of financing this project. We have anal are
j still continuing to explore various sources of loans or grants for this
l:rcject. As was indicated before, we would need a seven million dollar 'nand
issue in 1976 or 1977 to complete this project. from a crash flora stancii;amit
this will also require an approximate 50 percent water rate increase in 1978.
Reconnendation: The Administration recomponds that the City Council autiorino
The Mu i g into the final desi.gn.po ti.on of the engineering services contract
with NOCall-Ellingson G Morrill as mentioned in the section above for plan
prase and general administration during construct:iop.
Councilman Wilkinson made a motion, seconded by Councilman Bowline to approve
the recamnef adat loll of the administration. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
(:ecretaly's ;Note: This item was discussed prior to the break: and the vote
tins taken at the scheduled time on the anc da). -
' Citizen Participutlun
h yor Russell inquired if there were citizens present who had requested dis-
cussion on a complaint regarding the recent Rock Concert held at %ghes Stadium
at Colorado State University. No response was had and the council moved on.
15d 1
155
Attorney Justus Wilkinson appeared before the Council regarding two letters;
one from the Dale Corporation, by Mr. John Pokers, owncr of the University
' 1%GJtor lull, and the other by his tcnnant, Mr. Bruce J. McMahon, who has tte
To�sn house Restaurant. Attorney Wilkinson requested that Council defer a
final decision on the parking question on College Avenue. No action was
-taken on this item.
John Bartholow, 209 Korth Taft Mill Road, spoke to a proposed truck by-pass.
City Hanger Robert L. Brunton stated the administration could provide all
interiin report on this item at the September 9, 1975 Rork Session.
Mr. Dave G9lfillan, 121_6 West Olive, stated he wanted to bring to COLUICil.'S
attention the Co,a^unity Center at Lincoln Junior High or rather the Fourth
Pabernncle Church at 328 Remington Street which might be an art center and
theater. No action was taken on this item.
Proclamation
City Clerk, Verna Lewis read a proclamsti_on at length in which Mayor Russell
proclaimed September &, 1975 to be Port Collins Cauccr Day in the City of
Fort Collins.
Amell<hmeltt No. 1 to Agreement to Furilisht Enginceri.ng
Services for Water Systems Improvoment ::pith C112M Hill
' Pollowi.',g is the City Nlariagor`s memorandum on this item:
At. its 'lovember 21st, 1974 meeting, the Port Collins City Council approved
on orlgi.ncering contract with Cornell, hiowland, Hayes G Merry5old-hill
for expansion of the Soldier Canyon Waiter Treatment Plant. Prior to thi.;
authorLiation a screening comiinttee consisting of Dr. Everitt: Ric:hardsor.,
Dr. Norrian Evans, Dugan Wilkinson, Chuck Liquid and 1 met with several o-
the top engineering (inns in the country. We were unanimous in our
reconj::e:?dation of. Cl12Ai-hill. Article 2 concerning the fees to the engineers
is enclosed. Initially, we authorized the proceeding with: vi. Cog thJ
prelimi!,ary study for a cost of $19,000. Although we w9re looking for an
additional eight million gallons treatmont, we asked CH-IPHill to uotann;.ne
the opt.lnl"ill from a cost benefit standpoint sized to the treatment plant
expansion. All of. us on staff feat:hat they have Bono an outstanding; joh
and have saved the City considerable money by their detailed analysis svidy
of the system. The City Council prev.iousl.y rece,ivcd copies of their rclwrt
that won prepared in .;cly 1975.
..t its .'"pint. J50, Ifi MCi)tillil the h� ACY Board rMuwed this report.
:'hlcy here twahimous• in recolmnendirig that we proceed with the 011al. design
and constriction. The final design services during construction were le.t
open pending a final determination of hind we want to proceed with the project.
Article 2-A-2 states that the mounts will be established by amendments to
the agreement f011 Otrjhg the completion of the preliminary study. In th:0
' three alternates selected that Here stumed, Alternate 1-B was recaimendca
1ss
_ 5 6
by the staff and the I%atcr Board since it cost the least amount of money
and could be done in the shortest period of: tune. TLC estimated project '
is $316,000 with a completion schedule of Jute of 1976. .Also enclosed is
a copy of Amendment No. 1 for final design services for a ltnnp sum of
$55,000. The services during construciton would not exceed $25,000. Both
of these are in accordance with the ASCE Curve. Roger Krempel, our Water
and Sewer Utility Director, has reviewed this amendnent and feels it is
:Lair and equitable.
Reconunendation : Tile Administration recommends that the Council take the
following action. (1) Approve Plan 1-B from the preliminary report of
CH-M-Hill. (2) Authorizo the City Mager to sign the Amendment to the
A reement with regard to design services during construction.
Roger Krempel, Water and Sewer Utility Director, also spoke to this titan
specifically to Alternate 1.-B.
GOunC.i.lwolnan Reeves made a motion, seconded by Councilman Wilkinson to
approve the recommendation of the administration. Yeas: Bloom, Bowling,
Gray, Reeves, Suinn ar"d Pli.lkinson. mays: None. (Russell out of room).
Council Ratifies Work Session Consensus
on Auditor:iuni Project
Councilman l o oling made a notion seconded by Cout cihn n Surfin that the
Council of the City of Fort Collins shall- eudorsC the ruda c. n'iurl t - l concept
as presented August 19, 1975, as the nuiber one pr o I'y of the (Apital_
Improvements projects remaining within the budget limitations as prevl.ouFly
established by this Council; th;ut.the Council further endorse too RcsoluVorl
passed by this City Council the 4th dry of January, 1973, re-terring the
r 0n!alni::g unfilled 'projects to the Steering Committee of Designing Toimorr*,;
Today for their recommendations as to what should he the priorities of 0--,
ranaini.!lg,projects and the time schedule of accomplishment for these projects
and the current and projected economic trends in the City of Port_ Collins
as they relate to the capital imrrovements program be :included in their
study.
Counciliaan �Vil.kinson 9: )oke in opposition to the motion skating, "I 'heel vC
arc being loci down the pr:ijarosc path with the ncmbers gears ---I 1•_ arc talked
with sc.v'oral knowledgQnblc people and have gone ever this in detail; the
consensus is that it's about 20 percent low."
'!r. Jac" Bartels with wayin-Rugzir Archit'_cts spoke to the presentation
o:n�!c by rhau on August 19, 1975.
Cormicilm n, Suinn stated his remarks at the Work Session were first in favor
of the porformingarts and cultural center but he hall added to that that t!ro
budget item was not a part of favorable reaction.
156 '
157
Couuci.il.oman Reeves stated she was in favor of moving ahead in tetlss of
priorities, she was ccaacerned about the phasing.
Councilwoman Gray stated she would go along with this as the first prior..ty.
Councilman Bloom stated "there is no wary I caul support this for three reasons:
o. I: Mr. and Dlrs. AvcraFc laq)ayur are bevL`, cou:itted for a total au li-
toriwn package at 2-l/2 million dollars which exceods the figures the ❑tChitec-ts
were told to itork within during the June 12, 1975 mooting. No. ll.: Once
completed, Mr. and Mrs. Taxpayer will be required to support a $100,000 to
$150,000 deficit each year to staff and maintain the auditor-itmn complex.
No. III: Ln my opinion, the efficient economical operation of the City
should be the concern of every taxpayer. Scattered locations and cronded
(City ]fall) conditions contribute to the higher than noim:al costs of City
r operations."
W
City Manager Brunton read into the record the folluwing memorondum:
At your August 26, 1975 work session by a consensus vote you indicated that
you wanted to place 02 auditorium at the Old Lincoln Junior Hi„h Scicool
as the next priority item to ba built. At the sane tire, you requested
Lis to look for alternate space for City adidniistrative facilities r.noludng
partial use of the Coloradoan building,. There was also a sug,estion nha!
we review thc: pros and cons of building a ccmbined City Hall \udi.torivil
at. the Lincoln Junior high School site. At that One we indicasr.d to you
it would take us two to three t ochs to review the CaLile situation -rd c_:?c
back to you with additional implementation recommendations.
Besides reviewQ all the factors mentioned above, we will be studyi q 10n
advantages and disadvantages of naving snort -tens borrowing to coP.lilwc :
this project.. There nro advantages and disadvantages to both ways of pro-
ceeding. We will be oatalnimg beaky tnloy' Atlon oil snort -term lut&rcl,
rates curd total borrowing costs to the City.
It appears that some people felt that there would he an item on this Cet:;cil
agenda confirming the action of last Kesday's work session. We dill not
think this has r. _:ccssarr because we were proceeding on this additional stt,u;,
and evaluation on the basis of the consensus decision made. However, it
might be advantageous to firm up this recainendation. Ira light of the C ty,
COUni:ll's consensus VOiC:, t21C AClal]n]Stl'a t101: TCCOIL!IFY:d_`i: (1 I i. Il:: i. t;1C' 'i.1tV
Council roconfirw tLut the original priority- of building tip, auditori_w
as the next major project be approved, and O that the Administration b.
rcquestcd to ma%c additional havlementation investlyaticns on this project
including, a.) either .navi.ng on a piy-ds-yo;-„o basis ur on a borrunin; Leis,
b.) alternate locationn for City Call tacilitics.
Councilman Wilkinson moved to table the motion on the floor until. the AcIdni-
strat.ion provides an additional report: as indicated an the recommendation.
This motion died for a lack of a second.
157
Cour.cillnan Bowling offered the following ;wended motion, seconded by
CAw1Cil111au Suinn: That ti1,: Council of thr City of Fort Collins sh,111 endorse
the auditoriiuu art concept. as presorted Au;;ust 19, 1975, as the rtmlber oi:�
priority of the Capital 10,Irovemeuts Progina projects icmainin",as previously
cstablishod by this Council and that the Council further endorse the resolu-
Lis1 passed by the City Council the nth day of January, 1973, referring
the remaining unfilled projects to the SLooring Committee of Designing,
`l morrow Today for their recommendations as to what should be the priorities
of the remaining projects and the time schedule of accomplislunent and the
current and projected economic trends in the City of Fort Collins as they
relate to the Capital Improvement Program.
Colncilman Wilkinson requested a legal clarification of the motion pending.
City Attorney March stated the motion does the following:
1. Endorses the auditorium facility as the ntunber one remaining
priority item.
0
2. Refers to ilT` the question of the wifulfilled projects and
3. Asks them for recommended priorities on these projects with a
suggested time table for putting; the projects together and analysis
Of economic conditions as they relate to those projects.
Mayor Russell put the notion witli the following vote: Yeas: Cni6yilcluui-2rs ,
Bowling, Gray, Reeves, Russell and Suinn. Nays: Couucilmombers Bloom and
Wilkinson_
Cow;cilcroraan Gray made a motion, seconded by Councilman Bowling that Cot,ic_il
folio. Mr. Brunton's recommendation and that the administration be reaue_ied
to make additional implemontation investigations on this project inc.ludii.A,
a.) either having on a pay-as-you-go basis or on a borrowing basis and also
to look into alternative locations for City }tall facilities. Yeas: Cowncil-
IS:iiIL::'C's Bowlaalg, Gray, Reeves, Russell, Suinn cmd Wil_UiLson. Nays: CouncLl-
meeibcr Bloom.
Wil.lo� Heights Anuexat:ion Referred to City Attorney
For Ordinance Preuoration
Planner I, Paul Diebol identified the area in question consisting, of 13.6
ncres located north of i iliox Lane betwuQn North Col1c, Avenac and Lindo::eier
:oa,l. Tiis proposal is for anacxatlon with "C" copSI orcial aching. Ue
larl','.'.er County Plarsib', a zdsw:e11 xn:'oii t•i deny this v0division proposal
and referred it back to tihe City for annexation. The present proposal is
for "C" commercial on the largest portion with 11-B Highway Business in the
Southeast corner of the site.
Attorney William Wyatt, representing the applicant, spoke in favor of the
proposal. '
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1 5 9-
Councilwoman Gray stated she could not suPl;ort the commercial zoning
' proposal. Councllwom::11 Reeves spoke to her concern of the impact "C"
commercial -would have en the area a;:d Councilinan Wilkinson requested the
petitioners to consider landscaping 10 percent of the property. Cotnlcil.-
man Bowling stated the real question before tlhe Council •.aas whether this
area was developed in the County or in the City.
CounciLtan Wilkinson made a motion, seconded by Councilman Bloom to approve
the concept of alnexing the Willox Heights Annexation to the City with "C"
contatercial zoning and refer the matter to the City Attorney for ordinance
preparation. Yeas: Councilmembers Bloom, Bowling, Russell, Reeves, Suinn
and Wilkinson. Nays: Coun ilwoman Gray.
�r
CM Agreement with Associated Students
at Colorado State Ihhiversi.ty approved
City Dlanaoer Brunton spoke briefly to the proposed agreement and rcqucstC;d
Stls;.nh Jones of G.A.S. to speak to the speci.fics.
Dos. .Jones stated that in exchange for $1.00 per student per senroster
student (ful.l time) can ride all 'lYansfort Buses free of additional charge.
Councilman Bowling made a motion, seconded by Councilman 131co,.i to approh
the agreement faith ASCSU and authorized the City Dluhager and the City Clerk
' to execute the agreement on behalf of the City. Peas: CounciLncmbers
Bleak, Botaling, Gray, Russell, Reeves, Sui.nn and -Wilkinson. Nays: Nonc.
Other Business
1. Councilwoman Reeves and Councilman Suiruh reported on their meeting with
Port Coll ir_s/Loveland Council Liasons, held August 27, 1973. Poll01, i_ing
is the summary as presented:
1. Master Plan: The Loveland Council is in complete accord with the
Ft. Collins Council and basically approved the same
details. They did wish to plan zoning for the longer
runway, but did not approve the longer runway.
2. Percentage Payalents:
a) Arguments on both sides were discussed and included
Loveland's stressing the ability to pay based on assessed
valuation, and minimizinq the use factor; and Ft. Collins
pointing out the fiscal benefits to the Loveland School District
and the equal voting for less contribution as well as the assessed
value per capita figures.
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b) We requested that the Loveland Council put on an
agenda for action: (1) the change of the Airport Board membership
to reflect the percentage payments proportion, and (2) discussion
of whether they wish to purchase a larger percentage of the
airport. The Loveland representatives voiced an opinion that
(1) seemed sensible, but that item (2) was not likely, to be approved.
c) Mrs. Patterson expressed the belief that some members
of the Loveland Council may have agreed to the Ft. Collins approach
to the Master Plan in some recognition of the higher contribution
of the City of Ft. Collins to the funds and "to be cooperative and
show unity".
3. Strip development: Peggy Reeves raised the topic of how to better
%:,ork together on land development problems adjacent to each city.
It was aqreed upon that Loveland Council will ask for a study session
in several weeks on the Larimer County comprehensive land use plan.
Both cities' Councils are,to (a) determine what specific objectives
each city wishes with respect to land use decisions, and (b) make
recommendations on how the two cities can cooperate to obtain mutual
goals.
4. Railroad: Dick Suinn urged the Loveland representatives to continue
to pursue the topic of alternatives to increased rail traffic
by support of the actions of the Mayors. He recommended that the
Loveland coi,ncil request the impact figures prepared by,Ft. Collins
to help answer concerns expressed by Loveland resident
Summary: It is expected that the Loveland Council will vote on the airport
board representation in one week, and will seek a study session on the
percentage payments later as well as on the strip development.
Councilman Suinn stated the City of Fort Collins needed to set a work
session on item n .-iber tlirc•e above, relating to the use of adjacent
property then meet with the Loveland Council.
II. a. Councilmen Bcwling stated he had the agenda for the COG Meeting.
b. Copies of information from this COG :materials to be made available
to Council members.
c. An on :r:. ;ces: nt of a meeting for September 18, 1975, at 7:30 P.:I. ,
i•,'C!,ZD u."Cice in Loveland - regarding Classification of Roads a:;d
I lighways.
d. Announcement of interviews for Crvuinal Justice Planner.
e. Hearing on Transmission Line between Loveland and Longmont for
Platt River.
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III. a. City Manager Brunton stated there ;vas a draft of the manual for
Boards and Commissions.
b. Confirmation to the Mational League of Cities reservations.
C. Copies distributed of Port Collins Utility Services and Growth
Management by Norman Wengert and Burnell Held, Professors of
Colorado State University.
Adjournment
Councilman Suinn made a motion, seconded by Councilman Bloom to adjourn the
meeting. Teas: Councilmembers Bloom, Bowl'i.ng, Gray, Reeves, Russell, Suinn
and Wilkinson. Nays: None.
ATTEST:
:
______ice-�s�.
City Clerk
Mayor
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