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HomeMy WebLinkAboutMINUTES-09/06/1973-Regular101 Septemberr 6, 19i3 COUNCIL OF THE CITY OF FORT COLLINS, COLORADC, Cowlcil-idanager.Form of Government Regular b;ce`. irg A regular meeting of the- Council of the City of Fort Collins, Colorado, was held on Thursday, ;September 6, 1973 at 6:30 P.M. in the Council Chambe-s of the City Hall. 51yor Freble called the meeting to order; there were praswLL: Q Councilmen howling, Fead., Gray, Lopez, Preble, Reeves and Russell. pa Staff members present; Brunton, DiTulli.o, Binlman, Cain, March and Lewis. KQ CityClerk, Verna Lewis,presented Certificate Mayor Preble presented an award to City Clerk, Verna Lewis, for participation in the A,vual institute for Professional Clerks. An annual program designed specifically to improve the professional understanding and competence of clerks conducted by the International Institute of Municipal Clerks and the continuing education center for the Public Service of Syracuse University. Correspondence lvcy'or Preble requested the following letter be read into the record, and can mended the Fort Collins Police Department for their participation in this pro- gram. IP 2407 LA PORTE AVENUE TORT COLLINS, COLORADO 80521 OFFICE OF SUPERINTENDENT YNO.^7_. 303-482-7420 September 5, 1973 Mrs. Mabel Preble 717 Dartmouth Trail Fort Collins, Colorado 80521 ' Dear Mabel, For the 'enfh c-^secutive y...,r the Fort Collins police hsve liven Pedestrain v oty instruction to kindergalLOO V5piIS in the annual "I WaiK Safely" program, which is conducted in cooperation with Poudre School District. This year 289 five-year old chi'.&en recelvea instruction under the actual traffic conditions they will experience while going to and from school. Detective Dave 'Feldman was in charge of tho program for the police department and instruction was given to.the children by offices David Mickelson and Ed Swartz. Each child participating received a white button with red letters proclaiming "I Walk Safely." The buttons were provided through donations from policemen. This oafety nrogram.is unique because it uc Curs in _ctual traffic conditiohr and those of us who have worked on it over the years,are convinced thpt it 1- superior to the nationally publicized programs which provide safety instruction in mkiature towns set up in shopping centers. I appreciate the cooperation of the police in this program and hope toe! you will publically commend them during a City Council meeting. Sincerely your, Minutes of August 16, 1973 approved Mayor Prebie staged copies of the Minutes of the August 16, 1973 Cowicil. meeting had been received with the Agenda material; hearing no corrections, they stood. approved as published. Petition to vacate a portion of black Street referred to City Attorney for Ordinance preparation City Attorney March referred to the memorandum and recommendation on this item. COVNIE7+WFION5: This type matter would normally be referred to the Planning and Zoning Board for recommendation; However, this is only a technical correcti.oi: and would not appear to require any study or reconmtendation by that Board. Therefore, it is recoirmended that the council by motion refer the mattF~ to the City Attorney for preparation of an ordinance vacating the excess portion " of the street, to be presented at the. next Council meeting. Couuncilman Reeve,-,,o.de a motion, seconded by Councilman Gray, to refer the matter to the City Attorney. Yeas: Councilmen Bowling, Pead, Cray, Lc� ;z. Preble, Reeves and Russell. Nays: None. Request for encroachment on Street Right -of -Way by First National Bank given tacit approval, Mayor Preble stated if Council had no objection to this, the Administration had unu power to grant such a request. RECUTI ND.ATIONS: This matter does not require Council action, out is brought to You. attention because of the substantial construction which would be made if the permit were granted. The Director of Public Worts will grant tl, permit unless the Council objects. Therefore, unless there is objection, no action is necessary. III 1 1 - 2 Immanuel. Christian Reformed Church Subdivision Pict -- Al proved Director of Community Development, Roy A. Bingman, identified the one subdivision to be used for a church; also, an easement for utilities had been added to the plat, COU11cilnlan Bowling made a notion, sccon(1ed by Councilman. Fead , to anpro-,U the Plat. Yeas: Councilmen Bowling, Fead, Gray, Lopez, Prehle, Reeves and Russell. Nays: None. Farm Second riling Plat tabled to September M -- --- — 20, 1973 �r rrlr City Manager Brunton stated there has an additional memorandum witL Staff recommendations, which was prepared, after the meeting with area residents after W the Tuesday night meeting. Director of Commu,ity Development, Roy Bingman, identified the first filing of the area, and the preliminary plan. Mr. Bingman statecl the first filing*, excituded the park area which,was .171C1UCii'„j, in the preli,,llnary lii"an l:'.'•li.cn was accepted by the Planning and Zoning Board and which did not "geq tale Council for approval. Mr. Bingmian also stated the question of the nark site was not settled at the . tine the Council accepted the first filing in 1971. ' Councilmen Lopez and Fead stated Council had reviewed the preliminary plan in 1971. Director of Colrm]unity,Development, Roy Bingman stated the crux of the problem, Th om a staff ,.siar•.dpoinr now, r:as chat those people who had purchased homes in the area, had seen the brochures and expected a park in the area indicated; the staff recommended the park be located adjacent to the school to utilize the school -park concept. City Manager, Brunton, spoke to cne u:ifavorable,soil conditions of the pre- luninary plan location rli:' the park, the School -City planning, the location of the irrigation _LLCkt (Pleasant !Talley and Lake :anal) and the inaccessability, to the park With only one entrance to the park and parki.np,. Councilman Fead again stated Cowlril had not approved the prelinaly plan and that the developers hac: been adrised that the parkas loc tedlwas considered unsuitable, and that suitable negoriatiop.s ;;ith, the Parks Department should be made. Parks an" Eec- --io„ Director, 11. R, Phillips, spoke to L}1e objections to Liic proposed park, sii:e; his preference would..be to allow the area t:� remain as open space, and ,the Parks"Denart.*.:cnts preference to have a' park adjacent to the school. :,ttorney March spoke to the public access to the existing Green Belt area and the FHA', requirements giving the City access for emergency equipment only; considered a* the time of the replat. ' Judy Hendry,-, 513 Dorset Court, spoke to her imderstanding of the park location prior t the purchase of a hc,;nc in the, Brown r,:_nn. Mr i/: 'e Clarkson, N41eeler 3 1,0V Realty Company, spoke to his dehirc to develop the area as indicated uu the Preliminary plan and.their expectation to work out solutions with those people Who had been harmed in purchasing homes in the area. ' Councilman 1y wling node:a motion, seconded by :Councilman Fead, to table this hell to the iicxt Council mectillp. alloy i.n, the developer tame to Work Witt LM! residents and bring back a plan_ to the Council, Whereas, pe.-haps some of ule objections can be settled and. arrive at a settlement. Yeas: Councilmen Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None. Council ends-s,-d staff recommendation of tine park location; City Attorney clarified this did not mean an agreement for the purchase of the land. Ordinance No. 76, 1973 relating to Mobile Homes defeated on Second Reading The second reading of this ordinance had been tabled on August 16, 1973. Councilmen Gray made a motion, seconded by Councilman Lopez, to remove the item from the table. Peas: Councilmen Bowling, Fead, Gray, Lopez, Preble,Reeves and Russell. Nays: None. Councilman Bowling stated this ordinance had been proposed by L:.,:. elf in c,�^>>anc7ion with the J.C's and they were still interested in it's passage, but Would like to comply With codes, the Administration recemmended.as follows: RECOM,IEN ).ATION : The administration recommends that this item be removed , rum the table -at this time and defeated on final reading, with the under- standing a new ordinance will he drafted after the new building* code standards are adopted. Councilman Bowling made a motion, seconded by Councilman Fead, to defeat Ordinance No. 76, 1973 on second reading. Yeas: Councilmen Bo.,ling, Fead, Gray, Preble and Reeves. Nays: Councilmen Lopez. and Russell Ordinance adopted on Second Reading annexing the East Prospect Street First Annexation liir.'ctor of Com:r-Inity Development, Rc• Bingmian, .identified the area. Lounciln,an Gray inquired when the zoning question would be before City Attc:-ney Atrah skated the Zoning hearing had been advertized for WpLember-20, 1973. Councilinajn Bowli:-!1 spade a motion, seconded by 7ounc.ilmen Russell, to adopt Ord:;i e NO. 78, 1573 on second reading. leas: Cr.wicilmen Bowling, Fead, Gi,- , Lopez, Preble and Russell. Nays: Councilman Reeves. ORDLWICE 41,70. 78, 1973, , BEING 104 ORD%WNCE AMQEXING CERTAIN TF`R1UTORY TO "'IE CITY OF FORT COLLINS 13'1 w.-TSLAS, heretofore, a written petition ,as filed with the City Clerk requesting the annexation of certain territory to the City of Fort. Collins, and F.r=:P.'-A tite �i.ty Council has taken the necessary steps and held the hearings as required by lair and his dote -mined that said ;,erri:L-ory is eligible for annexation and sh,uld be as h Lo t11e City of Fort C.oilins. r NOW, TT EUTOfiE, RS ORDADED BY :OU:, 0( (1 � Y OF FORT COLLDS: Section 1. That all of the territory no;e particularly described as situate in the County of lariiner, State of Colorado, to -wit: .A tract Of land Sitihnte in il7C .S'J'lt:::.'ec> i�d, v.CCtion lY, the Southeast 7 Section 13, tie North 1/2 CC CtI ;:! 19, and in Sect:cn 20, ToiY7 nShip c `/.i 1l'cl:l�i'. 68 ti�,S, Oi T T North, . , :;rl... e Coe^l', CC/10ra do, \:'.Mclh, * con" ' 5idel'17� "'l= South line OI Said Se Ction 13 as bcar1P.r i\� 88a 5�' 4Q°.' and lSii:i' ell bearin S containC0 herein r rat ':e i:ier4t0 IS COilt?fined tiYlih in tile' HOti;?d"`^_'>' li;heS '�"il ch t')e"' a, t .Ih 7Uln:.. • It s•' S r �. J9'y- ,l G' `-• t Cn .I said ...Ut1.17 1P@ W1;7 CR _0 105t„ feet from the S >'! 1r 1 - -o.•nei- of said Ser.tion 18, and run t hehce along tie Easterly line of Riverside Aveihue ti 00° 031 Cl to 1(1.�.�. iJ i%ti, 2.`,C� c"ciPt C;.DCS i�l� at`C O? a il;iJ fool 1'2C' S ' iu curve to the left a distance of 1102. 16 f•ect, the long chord of ,Yhich bears N 31° 47 20 i' 10•.0. 63 feet and zgain N 53° 31' 20" tV 550. •_9 feet to the Nest lire of the Southeast i/ _ of said Sc'^ti n 1' ; 1..ence N 00` ' 03' 5011 1r 2�-3,47 feet to the Sout;;ester" ri'It-of-;:LY line of the union Pacific J�allrcad; t ence aloe said SC;2in::'esiBr'i; hr.e•. S 61° 32' 20" L (3u.2_ a-dt, and 2�* n along the arc Of ?. 1587.23 iOCi r2Ciil:s curve to the r46-ht a C12Sta11C8 Ui 170".30 lee,, the !On-- ^'IOrCi oI v:nlCa Lars S 30' '7' 501t Is' 1622. 71 feet, end akin S 000i' 203 feet to the South line of sald Section lu; thence alor:; ;,aid South hire N 83- 1 L u 59 0 .E "1133, �0 feet to the So;Itheast corner cf said Section 15; thence ti nno 07I 759. 00 feet along the j,esl line -of the of E!Iid Section. 17, it-mce S 84° 49' E 2656. 63 feet to the t,,.„ line of the South;=:est 1/4 'of said Section 17; thence alnn r said East line, S 000 02130" E 5 _7, , 0 feet to the South '1/4 corner of said Section 17; thence S G0° 38' 30" E C60.73 feet; thence S 440 12' 30" E 962. 28 feet; thence S 82- 12' 3011 E 62;), 92 feet to the N rtheast cor::cr ',f the Soutr:vest 1/1: of the Northeast '!` of said Se^+.ton ::.ence S 000 19' W 12cy. 10 feet to the Southcab. .:-,nes• of the Sbuth- r k 61 G: Nvect of the Northeast 1/4 of said Section 20; thence S 88° 00' E 1318.00 feet to the Last 1/4 corner of said Section 20; thence S 00° 26' •1711 -W . 2671.64 feet to the Southeast corner of said Section, 20 thence N 830 52' W 41.80 feet to a point on the. centerline of the Colorado one Southern railrri< thence alonj said centerline, IN .490 06' 20" W51'7. 00 feet; thence is 00° G:. 604. 1 .. AV 9 fr.�'t' t�,e,'iCe � 89° 22� 30X o1F.:'.: ,feet to a point o;n "',.e ---aid cc_::. line;thenc; N 49° 06, 20" W 255. 00 feet; I hence �r 440 13' Gig 4.33, 31 Oct to a point on the West line of the Northvve:st 1/i of said Section: 20; thence ° 2> 20 . 5, fe •J UU. U_ }:��I"u U. 3 et; thence r US, 1 " T 26 � feet � L.e....e J �+�.� 16 Jb EJ J� 9 .e .t,-'[hEL.CB. S 10 15, 30" IV 110.27 feet; thence 5 88° 03' 36" TV 379. 23 feet: thence T n 1 " V - :� 85 19 lU� E. :UU, 71 fe:=��, h 00 -' 0" nr 1 t thence i\ �:'' .��r;' ��.� 3U". �5 fee», thence N 86° 57' 5 2 " E' 166. G_ feet; thence N 01- 31' 00" i; 4.53. 30 feet; thence N 80 251 _0 E 1479.__ feet to a porn: on t..., westerly r2^..vof-way line of the union ?acific RailroaQ thence N 00° 03' 20" IV 051 n,� feet to a point on the 'North line of the Northeast 1/ = of said Sectiot; 19; thence S 88° 59' 00" V 270. 78 feet to the point of bcginnins, containing 389. 9085 acres, more or less. be and it hereby is annexed to .:he City of Fort Collins and made a part of said City to be 1ciown as Me East Prospect: Street First Animation to the City of Fort Collins. ' Section 2. That in annexing said territory to the Citv of Fort: Collins, the City of Fort Collins does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, strects or any other services or utilities in comnecti.on with the . territory hereby annexed except as may be provided by the ordinances of the City of Fort Collins. Introduced, considered favorably ad first reading and ordered published this 16th day of August, 1973, and to be presente. for final passage on the 6th day of September. 1973. ATTEST: city 1913. Passed and adopted on final reading this 6th day of Septem''er, 2o J mayor M First reading: August 16, 1973 Second. reading: Selrtember 6, 1.973 (Vote: Yeas: 6; Nays: 1) ) Publication: August 21, 1.973 and September(1.1e ,197�cas' S;Nays: ' Attest: .i.,y ,.^-•"� r City Clerk Ordinance adopted on first reading relating to Purchasi n a City Manager Brunton stated f.his ti%,as putting in iar,tvig what has been practice. Councilman Russell inquired into the sole source bids and Councilman Reeves inquired into Lice contract section of the or:.i.nance• City Manager Brunton responded to the questions. Couicil.man Lopez made a motion, seconded by Councilman Gray, to adopt Ordinance No. 74, 1973 on first reading. Teas: Councilmen Bolviing, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None. Ordinance adopted on first reading establishing Water an(' Q—• lei Rate increase City "a'age.r Br „ton sated he %could like to discuss the matter of meters at a i+�:k session but there was a def.ini+" ;;cad for the i;icreases in sewer for additions to the sewer treatment plants and the bonding factor question. Mr. ' Brunton, alic stated there would be additional recommendations wider Revenue Sharing. Council -an Fead stated a re,uest for more grr--Awork or r',e water rate increase to be reviewed at the work session. r 7 IA 4 Councilman Reeves spoke to tho question o: tre installation of water meters. City Attorney March stated the preamble of the ordinance dealt n nth this'subject. City Manager Brunton stated, the charge given the Administration was to try and give relief to the low income elderly on this item. Speaking in opposition to the ordinance and any increases were they followins,: 1.. Mr. John H[endri0s, 3000 7hlane, spoke to the question of installation of water meters inside established homes to be read by the occupant,.also, inquired into what ]portion was used for inflation, maint:ana.nce, e`_c., and ;chat portion for providing for growth. 2 A citizen present of 215 Gordon, spoke to the bnrdei: of any increaso .:f those on fixed incomes. 3. Mr. Blair Kiefer, 820 Nest Prospect, spoke to the affect any increase would have on apartment_ owners who have leases on rentals. Mr. Ki.efer stated Council was using a double :standard in subsidizing the paving of Buckingham Streets, and not subsiding rate increases. Councilman Lopez challenged Mr.. Kiefer to .^,sake public any evidence on any underhanded doings in the paving project. 4. Andy Anderson, 1.421 Skyline Drive, inquired if Capital Improvement nrogr-4 funds could not be used instead of raising rates. City Attorney March stated the utilities, under Charter, must be self sup:ort:ing. Councilman Bowling made a motion, seconded by Councilman Russell., to I adopt Ordinance No. 80, 1973, on first reading. Yeas: Councilmen Bowling, Fe-3, C.ra.y, Lopez, Preble, :reeves and Russell.. Nays: None. Sunshine Ordinance adopted on Second reading as Amended T;is item had been tabled on July 5, 1973. Councilman Gray made a motion, seconded by Councilman Reeves, to remove t'_e item from the "ble. Yeas: Councilmen Bowling, Gray, Lopez, Preble, Reeves and Russell. ;Jays: Councilman Fead. Councilman Gray read from a prepared statement on the progress of tho dovelcp meat of the ordinance and her feeling as to why this ordinance should be passed. Speaking in favor of the passage of the ordinance were tha ioilowing: 1. John Hendricks, 3000 7hlane 2. A„dy " n,iei� ;', 1421 Skyline Drive. 3. .Ron Heard,316 East Magnolia who presented statistics as y low the City preci;.cts voted in the last election. 4. Steve Smith, 1109 Magnolia, member of Student Lobby. Speaking in`oppoeition to passage of the ordinance were the folloing: ' r =. ettur from Thomas h'. 13ennet` read into the record. (Lette-r in Central Files). 2. Karl F. Carson, 1515 South Shields wino suggested local lobby group also dis close. Councilrn� r Ree ✓ :; ma:ae a motion, seconded by uounc:.lman Gray, t� udol,i. Ordinance 53, 1973 on second reading. :r OUi1C11111a11 Fead. made a motion, seconded by Councilman Reeves, to aiioni the ordinance by adding a sentence t' para-grn!-1, ^, ' ',1 1) o�scl.03ure shall also be filed by any cw d date for ule office. oc Council m :rber within ten days after `r filing acceptance of nonr;,.`ion ]+cch Y--< ''1• C "-icilm3n Fead, Gray, Lopez, Preble and Reeves. Nays: Councihmen Y,otal%ng and Russell. is Councilman Preble made a motion, seconded by Councilman Lopez, tc delete "minor children" from the ord-inancc• Yra.s: Caunciltnen 13oc-✓1 ig , Pead, Lopez, Preble and Russell. Nrrys: Councilmen Gray and Reeves. The Chairman pi.it the question to adopt Ordinance N,o. 53, 1973 vn second reading, as amended, Yeas: Councilmen Fcad, Gray Preble and Lopez, Roeves. Nays:' Councihne�, Boxli.ng and 1Lnssell. y NO. 53, 1973 BEING AN ORDINANCE REQUIRING THE DISCLOSURE OF PRIVATE INTEREST o: 1UBLIC OFFICIALS AND RF_,QUIRING OPEN MEETINGS BE IT ORDAINED BY THE COUNCIL OF TiiC. C1IY 3t Fu,'i COLLINS: Section 1. Disclosure Required. a. Not later than 45 clays of*rr the passage of tl^ s ordinance and thereafter not more than thirty days after their election, re-election, appointment or retention in ufF cc, written di-s,�losure, stating the items named in subsection "b" of this section, small be made to and filed with the City Clerk of the City of Fort Collins by: (1) Each member of the Council of the City of Fort Collins. (2) City Manager and Cit.v Attorney. Such disclosure shall. also be filed by any candidate for the office of Council Member within ten days,after filing acceptance of nominati,,., with the City Clerk. b. Such disclosure shall include: ' (1) The source or sources of any income, including capital gains, whether or not taxable, of the Person making disclosure and such person's spouse. c2) Any financial interest in excess of $10,000.00 in any business entity. I (3) The legal description of any interest in real prcperty held or acquired for the purpose of resale at a profit owned by the person making disclosure or such person's spouse. (4) The identity, by name, of all offices and directorships held by the person making disclosure and such person's spouse, (5) The name of each creditor to whom the person making dis- closure or such person's shocse owes money in excess of $lo,000.00. (61 A list of businesses with which the person making disclosure, or such person's spouse, are associated that do business with or are rc6: 1atcd tom•; the 0,-' a. .'ort Collins and the nature of such business or regulation. (7) Such additio:ns'- information as the person making disclosure might desire. c. Any person required by this section to file a disclosure statement. shall, on or before .Juno I of each calendar year, file an amended statement with the City Clerk or notify the City Clerk :in writing that such person has had no change of condition since the previous filing of a disclosure statement. The City Clerk shall give written notice to each rerson required to make disclosure hereunder at least 30 days before such disclosure is required to be filed. d. Each disclosure statement:, amended statement or a notifica- tion that no amendment is required shall be public information available to any person upon request during normal working hours. C. Any person subject to the provisions of this ;action may, elect to file with the City Clerk annually a copy of such person's federal i.ziKe tax return ind noy separate federal income tax return filed by such person's spouse together with a statement of any invest- onocs held by -nc! person or such person's spouse which are not reflected by the income tax returns in lieu of comply;ny with the provisions of parts "a" to "c" of this section, which tax return and any statement filed under the provisions of this part hereof shall Le public information. f. Any person who willfully files a false or incomplete dis- closure sta:.em-nt, amendment or notice that no amendment is required or who willfully files a false or incomplete copy of any federal income tax return or a false or incomplete certified statement of investments or who willfully `ails to make, any filing requi-ad by this section shall be guile of a violation of the ordinances cf the City of Fort- Collins, ''-='- shable as a misdcmeanor'and shall, upon conviction thereof, be r punished by a fine not to exceed the limits established in Section 1-23 of the Code of the City of Fort Collins. section 2. Open Meetings. a. Meetings K the City Council shall be open to the public in accordance with the requirements of the Charter of the City of Fort III III 1 r 1 1 Collins. All meetings of boards of the City at which any formal actiw,_ is taken by such board shall also be public meetings open to the public at all times, except that the foregoing requirement for open meetings shall not apply to the Water Board, the Personnel Beard and the BuilSing and Contractors Licensing Board if such boards determine that the subject for consideration by the board is such that the best interests of the City or the public or an individual who will be affected by action of such board could Lz jeopardized bi an open counting. b. Any such meeting required to be open to the public shall be held only after full and timely notice to the public.For the purpose Of this provision ad_iti.ng a regular meeting date and the filing of a statement of the same with the City Clerk shall be considered full and vine'_y notice, a"d in the Me ^f boards meeting on -all or irregular..; the filing of a notice of meeting with the City Clerk at Least 2A nour_ before the time of such meeting shall be full and timely notice, The City Clerk shall make all of sum;. Wtices available to all interested members of the public, In the case of meetings of the City Council, the same shall be held only in accordance with the ordinances of the City of Fort Collins, c. The minutes of a meeting of any board of the City shall be promptly recorded and such records shall be open to public inspection provided that Blldinminutes Board and the Builn of meetings of the Water Board, the Personnel g and Contractors Licensing Board not open to the Public in accordance with the provisions of this ordinance shall not be open to public inspection. Introduced, considered favorably on first reading, and ordered published this ,;?nalvday of �� [ __p A,D, 9'l3, and to Ue Presented for final passago 0­ Hi A.D. 1973. — G �— day Of tin ""--,_---------- AS'i'hST: City r,le.rk LL— mayor Passed and adopted on final reading this day of A.D. 1973. ATTEST: Vol City Clerk Mayor .[ Old! First reading: June 21, 1973 (Vote: Yeas: 7; Nays: 0) Second reading: September 6, 1973 (Vote: Yeas: 5; Nays: 2) Publication: Juie 26, 1973 and Septeirbcr 11, 1973 ,-^- Attest: 7� a ry Qcy Clerk Ordinance adopted relating to the Occupational License Tax on the business of selling Fermented - _ _ D7al.t Leverages Councilman Fead made a motion, seconded by Courcilnian Lopez, to adopt Ordinance No. 82, 1973 on first reading. Yeas: Councilmen Bowling, Pead, Gray, Lopez, Preble., Reeves and Russell. Nays: None. Ordinance -adopted relating to Occupational License Tax on the business of „i:mufacturing or selling Malt, Vinous or sp 1'i.tous Liquors. Mayor Preble stated Ordinance No. 82, 1973 and Ordinance No. 83, 1973, were to clarify that a new tax was not needed when a license was transferred. Councilman Bowling made a motion, seconded by Councilman Lopez, to adopt Ordinance No. 83 , 1973 on first reading. Yeas: Councilmen Lowlinly, Fead, Gray, Lopez, Preble, Reeves and I:ussell. Nays: None. ' Resolution adopted on a Temporary Use permit agreement with the Northern Colorado Rater Conservancy District City Attorney March stated this permit was for 35 acre feet units by 'ferry Shores, Inc. Councilman Russell. made a motion, seconded by Councilman Bowlir ; t� adopt the resolution. Yeas: Councilmen yowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays:_ None. RESOLUTION 73-75 OF DIE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A TT7IPORARY USE PERMIT AGRL•134FNT TO BE ENTERED IN70 WITi-1 TTIE NORTIIERN COLORADO wAYER CONSERVANCY DISTRICT 40406, the City of Port Collins has obtained 35 acrc-reef Uaits of the waters of the Northern Colorado Water Conservancy District; and 11,K=AS, said district has tendered to the City a temporary use permit for 35 acre-feet uni, s, allocating suzl waters to ne City, and , -- 12 13 yi. 1 1 WTIERFIAS, such temporary use permit has been approved by the City Manager and the City Attorney and it is in the best interests of the City to execute the same. r-;V, ITII:REFORI,, BE IT RESOLVIJD BY ,,HE C(RINCIL OF 1IfE CITY OF FORT COLLINS, that the temporary use permit between the City and the NbrthP-. Colorado Water Conservancy District be and the same hereby are accepted cunt' ^nproved, and BE IT FUR'1T1E7R RFgOLI'ED that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute the same for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this --/ (� day 6f A.D. 1973. ATTEST: PMU t Resolution adopted expressing the City's support for CORAD City P-Ianager otonn stated any funding for CORAD would be discussed at budget heariBng. Councilman Gray requested budget and financial reports from CORAD. Councilman gonling made a motion, seconded by Councilman Russeil., to adopt the resolution. Yeas: Councihinn Bowling, Fead, Gray, Lopez, Preble, Reeves and n:nseii.. Nays: None. RESOLUTION 73_76 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPRESSING THE CITY'S SUPPORT OF THE CORE AREA DEVELOPMENT ASSOCIATION OF FORT COLLINS 13 e 1AII - WHEREAS, the matter of the redevelopment of the care area of the City of Fort Collins is a matter of great concern to the City; --,l WHEREAS, the City Council recogni.zos that the rcdeve:lopment process for the core area must include emphasis on transportation, housing, business development and ascetics; and WHEREAS, the Cicy Council f,.rther recognizes that the private sector of the community must play a significant role in this redevelop- ment process; and Prd' ^,L' j, the Core: Area Development Association of Fort Collins (CORAD) has been formed for the purpose of planning and implementing plans for :5e redovvi cp,nen, of ,.he core area; and WHEREAS, the Advisory Board of CORAD is composed of representa- tives from POUdre R-1 School District, the Downtown Merchants Association. the Fort Collins Area Chamber of Commerce, Colorado State University, the County of Larimar, the'City of Fort Collins, and the Designing Tomorrow Today Committee; and WHEREAS, Mountain Bell and the Public Service Company of Colorado, the City of Fort Collins Utility Department, and other financial institu- tions have in the past supported the operating budget of Cnp, ; and WHEREAS, CORAD is uniquely suited to become the magnetic force requir-H to bring into focus the planning implementation and evaluation of core area development. ' NOW, TIIERFFORP, Rr I`:' AFSoLNED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City uf Fort Collins requests the cooperation of CORAD in the redevelopment of the core area of the cornnuni.ty and pledges its support to CORAD in such program; and nr' Z FURTHER RE 00 0 that the City of Fort Collins recognizes that the planning prococs for the core area redevelopment should be founded on attainable goals and should be the shared responsibility of both the private and the public sector of tin community; and - BE TT FURTHER RESOLVED that the City will, co the extent that the City budgets &Tds therefor, join with other public and private agencles in supporting the CORK operating budget. Passed and adopte at a regular meeting of the City Council held this --� 0 day of A.D. 1973. -' c Mayor ATTEST: ' City Clerk 14 i 41: ' Resolut•iop ?doptod approving; Schedule A Platte. River b4•anic�al Power Associatio:: City Manager PruDton recommended that the Council approve this revision and authorize the h;ryor and City Clerk to execute the same on behalf of the City. C:,unc_ilman Gray :.,.ode a moti-)n, socor.leo I,;- Councilman Lopez, to ad�rt the resolution. Yeas: Counciyr,en Bowling, lead, Gray, Lopez, Prebl Reaves, and Russell. Nays: , None. RESOLUTION 7 5-77 O OF THE COUNCIL OF THE CITY OF FORT COLLIES Aj PR0VTN5 4 nEV;°TON OF SCHEDULE A TO THE CONTRACT BETWEEN THE CITY OF FORT COLLINS AND THE PLATTF• RIVER D'lUNICIPAL POWER ASSOCIATIOiN W WHEREAS, the City of Fort Collins heretofore entered into an agreement With the. Platte River Municipal Power Association providing for the purchase by the City from the association of electric power; and WHEREAS, it is necessary to revise such Schedule to increase the amount of power to be purchased by the City because of growth require- ments on the City electric utility and 'because of the discontinuance of generation of power by the City of Fort Collins power plant; and WHEREAS, a proposed revision to such Schedule. A has been pre- pared; which revision has been raajrnended by the Directcr of Utilities and approved b; the Ci.cy Map?ger and City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL 0r TnE CITY OF FORT COLLINS that the proposed revision to Schedule A on the contract between tin City of Fort Collins and the Platte River Municipal Power Association be, and the same hereby is, approved; and BE IT FURTHER RESOLVED, that therayor and City Clerk be, and they 'hereby are, authorized and directed to execute the same for and on belhaif cf the City of Fort Collins. 'Passgd and adopted at a regular meeting of the City Council held this i _ d1y of 44 , 1973. ATITST : silty Lrerk 14 Z Ordinance authorized ordering Si.(Iei,,alk Repair Director of Community Development, Roy A. Binfguan, stated the previous C011I1Cll., , in the fall of 19.12,authori.zed the Administration to notify property owners of College Avenue from Laurel Street to La Porte Avenue, requesting them to pro- C:�; d wi.t:)` rc-10uir5. Thee. were a nuobt'"; o dr-- i:7;;'.t Ileede(1 r(Ipa7.r, the Oilners �verc given until 1973 to complete the repairs anu authorization was nc;: needed to form a district to complete the repairs. Councilman Bowling mado a motion, seconded by Councilman Reeves, to au�h:, ize the City Attorney to draft the necessary ordinance to proceed with the district. I Councilmen L'owling. Dead, Gray;'Lopez, Preble. Re vas Wid ;u,3st,'.. Nays: None. Administration authorized to proceed wit:li negotiations with Colorado State University on Village Unit II City Manager Briu)ton stated lie and City Attorney Alarch had met with Mr. Don Ro;:dy and their legal counsel and reviewed the various agreements. T)lat CSU, unlike other customers, does have a muster agreement: lai.th the City on utility service. Mr. Brunton further review-ed arrangements made by the University to irrigate the ca]lipius with College LaiCe Water, rattler t _ '1 C4.-,r l': a'ter. IT;CO3�11,11-INDATIONS: The Ar3aluiistrat.ion reccncnends the foll-owing: 1. We alloi+, the sewer tap under the previous fce schedule at $910. ' t.. We charge the University $39,000 for the Parkland Fee. Tiiis amount to be paid in cash or as a surcharge on the water bill in a period not to exceed five years. . �),a we eliiminate the water fees in that the lhiiversity did not require a net, service and has a policy of providing their own uz-.treated water for irrigation purposes. 4. That the University be allowed to immediately hook onto the Fewer line. S. That we prepare an interim agreement: reflecting any changes in serer and water rates that the City Council could approve and the aforementioned fees and charges for University Village Unit II. 'rhi.s shreec;cnt to cc: si.dered at the September 20, 1973 City Council meeting. That we work on a new water and seiner utility agreement to be consWer.:d aftcz b: is study is completed and acted on early in i.974. Coi ::'-man Lopez stated lie feft the City should negotiate with a firm hand on any agreement, in fairness to all customers. A4ayor Preble inquired if the University would use College Lake water on University Village II; City Attorney March indicated that they would and the original waiver had bee:: granted for•°this reason. ' City would Brunton stated notices ould be sent to the Mountain View Sanitation District, the La Porte Water and Sanitation District, the East Lar""er Water District, the Cherry ]-tills Sanitation District, because of the rate increases. uOLLnCiLila. Bowli.n, made a moti-oy, seconded. by Councilman l.,opcz, to adopt the recommendations and authorize the Adtmin,i-stration to proceed.., Yeas: Council men Bowling, Lopez, Preble and Russell. Nays: None. (Councilmen Fead,. Gray and P.-ev ::z:u of ,-oom). Draft ordinance relating to restrictions on parking Of vehicles in resi.dcntinl Districts referred back to the AcLni.ni st- do-i YJ Councilman Bowling stated 3— had ';ad r..::v rs,ati.cs i',h thnse i:' n do not have side yards or alleys .gnu have no place to park recreational vehicles. City Attorney March spoke to the intent of the draft and his survey of campers in ZQ the area. it City Manager Branton stated this would be di-Efirt to en uiforce but that some areas were deteriorating because of allowing junk in the front yards. Speaking in opposition to the 'ordinance as drafted, were the following: Mr. ,Jan Scarboro, 274 Alexander Court h "'`7)r Coffey, 1224 Park�:c-)d Police r),; f, Ralph Smith, spoke to the enforcement problem, and the work the Cadets are doing in this area. Council members also addressed the safety aspect of any ordinance. Councilman Bowling made a motion, seconded by '.ounciljaan Fe,--z, to refer the matter back to the Administration. Yeas: Councilmen Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None. Request of Lmanael Christi.ar Reformed Church for a variance concerning water and sewer plant investment fee< City Manager Brunton stated there were other requests in this area, the Administration did not have tine to make a full report and he recommended it be tabled to the next meeting. Councilman Russell made a motion, second-1 by Councilman Reeves, to table this request to September 20, 1973. Yeas: counc_Imen Bowling, Fead, :3ray, Preble, Reeves and Russell. Nays: None. (Councilman Lopez out of room). Recommendation from DT2 L;iv'%.rorv,.�ntal Task Force Mayor Preble called on Val Ogden, executive Director for lyI'2 to present the ' recommendation on behalf of Dr. Gus Swar.;on who was out of town and could not give the report. r 1.7 JAN. Designing Tomorrow Today 225 mouth Meldram Port Collins, nolorado , August 31, 1973 RECOREMENDATIONTS TO THE CITY CGUNCIL OF THE,, EN IRO1r+.1 NTAi., MISK FORCE APPRO''JED -BY THE DESIGNIVA TOMORROW TORY! ST ?UW MATT70i, 1. Acquisition under the Capital funds Program-, First priority, Spring Creek Qom the nowervoir to the Poudre (as presented in a proposal by William We and.- TerriLl nLi.gnt of the City Planning office) Second priority, the Poudre River and. Fossil Creek High priority, such -other areas as the Foothills, Box 1cr _ .. Eu,d the city ;, old water -in.,,wtm�nt plant (but obviously not as high a priority as the tl=ee areas preciously mentioned It is assumed that permanent easements, rather 41rn, Wright purchase, will suffice it a large proportion of cases., especially where a long, continuous Wil is being developed. ' 2. Acquisition cf lands (whether by purchase or easema t) shall br favored over development in the use of capital funds earmarked for open space. Were development is required., it may be handled. under the earmarked :Park funds. It is recognized that employment of staff for pyelimina y cost and feasibility studies and Onnta.ets with landowners is a legitimate cost related to land acqui oitiohs. Councilman Lopez stated he would be reluctant to continue the acquisition without having fiends for drvelopment. Councilman Reeves i-.yui.ed why Spring Creek id been rated over the Poudre River and was advised that it was.due to development. Councilman Fead inquired into the priority ;f theo thills. Councilman !3m.ling made a motion, seconded by Councilman lope_, to accept the report and refer -it to the Administration for further study and analysis. Yeas: 17nlmc linen Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None. Bid awarded for 30,000 feet of overhead conductor for Light and Power Department City Manager Brunton stated low bid was recommended. Councilman lieeves made a mo' Wn, seconded by ':oumcilman Pcad. to , cept the recom- mendation and a._rd the b ' to Al,can Cable Ple;t for $Z,790.00. Yeas: Council- men Bowlvig, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None. 18 i14 5 Approval granted for a,.vointmeni of the ::ity of ' Fort Colli;is as Successor Trustee for Perpetual Care Fund of Ruselm-m Memorial Park Cemetai City Manager Brunton stated the City had purchased the Roselatm Cemetery outright, up to that tune the Association had. the perpetual. care fund in their trust and they would sell the lots mid keep part for purchase price, tart -F(.)x lie peti al care fund, and tl,c '_i+y :-eceev'a the fees for the burials. He also said the City could not coniiingle the trust funds for tl.� two cemeteries. City Attorney K rch stated he had gone to the United bank and explai.n;:'l t?ic City's position alid they did voluntarily resign as trustees so the City cmld be appointed. Councilman Lopez made a motion, seconded by Councilman Bowling, to authorize ;:Q the Mayor and City Clerk to siprn the petition appointing the City of Port Collins as successor trustee to the Fort Collins Natinnal Association for the Perpetual Care B)Rd.of the Roselami Memorial Park Cemetery. Yeas: Councilmen Bowling, Fead, Gray, Lopez, Preble, and Reeves. Nays: None. Councilman Russell out of room) Petition of Frank E. Gibson ai.d Robert Rohif to provide Professional Library Consultant services to new ajb!.a:y Project approved City hanger Brunton stated the Lib-eary Bnard had interviel,•ed thrQP -011- sultants, and the), feel they have selected the best group. The Administration suggested that they proceed with Phase I with the option on the part of the City and the Library board to proceed on Phases II and III. Mr. Brunton urtner stated if a site were selected, the CiLy would not be moving in until. 1976. Councilman Lopez made a motion, seconded by Councilman Bowling, to accept the report and approve the request. Yeas:. Councilmen Bowline, Fead,--Graff, Lopez, Preiile, 12eeves•juid Russell, Nuys: None. " Itcc,lest of otimers of Northern I-Iotel to encroach on City property approved City M< pager Brunton stated this was simply a request to install brick veneer over three existing pilasters;this was within the authority of the City Engineer to grant. If .there wecl- ;:o objection, they would apni..�„ rt request. "rnuncilman Russell stated lie felt this would be an. improvement. Mayor Preble stated that hearing no objections, the Administ:-_„ion could approve the ' City Manager's infornw.t-ioral request on Revenue Sharing City Manager Bi—.ton state this was in infor,ational :snort -w:nich could be changed; that publication was required in Sunday's paper with a report to l9 146 Washington by September 14, 1973. None of the money has been crpended.. Mr. Brunton rEvi_ewed the "Stnmalry of Revenue" below: ' W.5URY OF REVENUE RECEIVED FROM REVENUE SHARIi1G January 1, 1972 - December 31, 1974 :ie Lort Period _� Principle L _ Interest * Total 1/1/72 - 6/>0/77. _._ 1972 $ 203,2SO $ 585 $ 203,835 7/1/72 - 3/31/7S -- 1.973 312,467 12,25S 324,722 4/1/73 - 6/30/74 -- 1973 F, 1974 469,692 22,000 491,692 7/l/73 - 121SI--74 __. ti 74 _ 234,846 ^I8.000 Total $1,220,255 1p 52,840 _252,846 $1,273,095 EXPEADITIIRES FROM REVENUE SHi?RING FUND January 1, 1973 - December 31, 1974 1973 Expenditures City Ball •• new fui7niture $ 35,000 $ 3S 000 Finance - refund to low-income senior -- — citizens 20,000 20,000 Total 1973 E,cpenditures $ Pronosed 1974 Exncndit;i:-s Fire Department 100, aerial ladder truck 2-ton rescue squad truck 1000 GPNI Trinle Combination P,imper Planning - Growth study F,tTI- -� Pe�:ources - Denar.cieat Operation Library - nei: -books Salary Increases - major revisions 't'^rks Blc cle path program Wa-�er F, Sewer Caoital Items - (estra. cost- due to Broth) Total 197A. ;t•,�enrt t,;r eS Grand Total 1/1/73 - 12/31/74 Transfer to vari,.us fu::ds Transfer to General Fund' Transfer to Water & Se;,er Fund Grand Total - Transfers 2.S,000 5s,000 $ 50,000 $ 1SS,497 $=20,000 $ 200,000 $ 100,ODD $ 422,598 $ _70,000 SO,000 1SS,497 1 0 , 000 200,ODO 100,000 422,598 5S,000 1 $1,21.8,095 $1,273,095 $ 850,497 422,S98 $1,273,095 ' 20 1 Q T ' Mr. Brenton then reviewed the items under. the "Human Resources )epartiient". RESOURCES DEPARVIENT Personal services -� .Administrative Assistant HuTlunn Relations 0.r_ce 7,00 1i2 Clem: `I gist 2,442 Sur:c.rer ;lob frog-,;. a� 10,00 Total Personal Services $2S,972 tractul Services Routine $ 1 Tax Refund for low-ioccoe e'-derly 40,000 Social Service Programs 40,000 Water ranters for lo'.-inccne eldarl'; 20,000 Deferrnent of soecial assessment to low- income elderly Van Ambulance contract 4,000 Total Contractual. Services $12S,575 Ca.mVities Routine Capital uutlav Building repairs " l $ 400 $ 400 $ 1,000 $ 1,000 $15S,947 Councilman Lopez inquired into the use of Revenue Sharing funds for Wat r and ' Sewer. City Manager Brunton stated this would lower the water and sewer rates. City Managei: Brunton stated Revenue Sharing All come up in the budget huaying in the department budgets a& in the trust fu:;d for reve7"e sharin6. Councilman Dead grade a motion, seconded by Councilmmi Lopez, iiiat the Cow:cil ' adjoum. Teas: Councilmen Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None. Mayor --.- y e fry- Ca_tCs.erl: 11 22