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HomeMy WebLinkAboutMINUTES-01/17/1974-Regular32 January 17, 1974 COMCII, OF •I']IL' CITY OF FORT COLLINS, COLORUO Council-Dbnager Form of Government Regular Dfeeting - 6:30 P.M. A regular mceti.nh of the Council of the City of Fort: Collins, Colorado, was held on Thursday, January 17, 1.974 at 6:30 11.1M. in the CowlCil. Chambers of the City 1fal.l. Mayor Preble called the meeting to order; there were present: Council. members Bow3 ing, Fead, Gray, Lopez, Preble, Reeves and Russell. Staff members present: Brunton, DiTullio, Bingmian, Kane, Smith, Cain, Case, March and Lewis. Minutes of t:hc regular meetin January 3, 1974 and the sLecial.:mecti.ng of January JU, 1974, approved_ ;Mayor Preble stated the minutes of the meetings has been received and r:ould be cons.i.dercd one at a time, hearing ;o corrections on the January 3, 1974 meeting, they stood approved as published. Hearing no corrections on the minutes of the meeting of January 10, 1974, they stood approved as published. Rezoning petition of 'Thelma Johnson referred to City Attorney Counci.lwoiman Reeves grade a motion, seconded by Councilman Lopez, that this be referred to the City Attorney for ordinance preparation. Yeas: Cowlcil me!nbers Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. ?days: none. Ordinance adopted relating to the salary of the Mlunicipal Judze Cowicilman Russell made a motion, seconded by Cowicilwoman Reeves, to adopt Ordinance 'Jo. 100, 1973 on second reading. Yeas: Council members Bowling, Fead, Gray, Lopez, Preble, Reeves and Rus.iell. Nays: None. ORDINANCE NO. 100, 1973, BEING AN OMI\:-`NCE ',,MCNDING SECTION 2-24 OF THE CODE Or THE CITY OF FORT COLLI S RELATlidG TO TEE SALARY 01' THE iPJNICIP'.L JUDGE BE IT ORUAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: 1 1 1 3 I �1 That Section 2-24 of the Code of file City of Fort Collins be, and the same hereby' is, amended by d,�lctinu thcn:from the words :and f 1.PureS: 1hOLISZ'!Id Nine Hunu'red Do l.lars ($9, 900.)" and by si'b- stitutinlg thcro'or the words an;l HaLires: "Thirtoon Thousand P.ivc Hundred Dollars ($13,S00.)" Introduced, considered favorably on first readin, and ordered published this 3rd day of January, A.D. 1974, and to be prosentedr"or final passage on the 17th day of January, A.D. 1974. ATTEST: Mayor Passed and adopted on final read.ino this 17th day of January, A.D. 1914. 1 ATTEST: City Clerk Mayor J— First reading January 3, 1974. (Vote: Yeas: 7, Nays: 0) Second reading January 17, 1974 (Vote: Yeas: 7, Nays: 0) Published: January S and 22, 1974 Attest: ✓ t City Clerk Ordinance adopted on second reading annexing property Imoi'm as the Valvista Annexation City Manager Brunton stated he could see no ptoblem with this annexation, he would like it noted for the minutes that this annexation is in the Cherry Hills Sanitation District. There are other areas in the City that are connected to the City where there are sanitation and water districts. In this area the City could have property that could rot be de -annexed from the district u-here there are bonds outstanding, the line could be extended. City Attorney' Marcia stated there are provisions whereby you can detach from theI District., if the City could buy the line from the district. The City %nager further stated a report would be made to the Council at the time they came in with their development plans. Councilwoman Reeves inquired if the developers were aware of this problem. City Manager Brunton stated this had been reviewed at the Conceptual Review Committee. City Manager Brunton stated further that they had 43 taps. which they would be gi.ving un to the City if they come into the City system. Councilman Bowling made a motion, seconded by Cowicilwoman Gray, to adopt Ordinance No. 1, 1974 on second reading. Yeas: Council mem bers Bowling, Fead, Gray, Lopez, Preb1c , Reeves and Russell. Nays: None. ORDINANCE NO. 1 , 1974 BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE VALVISTA ANNEXATION TO THE CITY OF FORT COLLINS WHEREAS, heretofore, a written petition, together with four prints of an annexation map was filed with the City Clerk of the City of Fort Collins requesting the annexation of certain territory more particularly described below to the City, and WHEREAS, the City Council has found and determined and does hereby find and determine that said petition is in substantial compliance with the provisions of Colorado Revised Statutes, 1963, Section 137-21-6 as amended, and WHEREAS, the owners of 100; of the property to be annexed have petitioned for said annexation, and WHEREAS, not less than one -sixth (1/6th) of the perim- eter of the area to be annexed is contiguous with the City �3 of Fort Collins and a community of interest exists between 34 _v 35 �J 1 0 the territory to be annexed and the City of Fort Collins and the territory to be annexed is urban or will be urbanized in the near future and such territory is integrated or is capable of being integrated with the City of Fort Collins, and WHEREAS, none of the provisions of Colorado Revised Statutes, 1963, Section 139-21-4, as. amended, are violated by the annexation of this territory to the City, and WHEREAS, no election is required under the provisions of Colorado Revised Statutes, 1963, Section 139-21-6(2), as amended, and no additional terms and conditions are to be imposed in connection with this annexation, and WHEREAS, the territory is eligible for annexation and the City Council desires to annex the same to the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That all of the territory more particularly described as situate in the County of Larimer, State of Colorado, to -wit: t The N 1/2 of the NE 1/4 of Section 1, Township 7 North, Range 69 West of the 6th P.M. be and it hereby is annexed to the City of Fort Collins and made a part of said City to be known as the ValVista Annexation to the City of Fort Collins. Section'2. That in annexing said territory to the City of Fort Collins, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the territory hereby annexed except as may be provided by the ordinances of the City of Fort Collins. Introduced, considered favorably on first reading, and ordered published this 3rd day of January, A.D. 1974, and to be presented for final passage on the 17th day of January, A.D. 1974. Mayor ATTEST: Passed and adopted on final reading this 17th day of January, A.D. 1974. Mayor ATTEST: City Clerk First reading: January 3, 19/4 (Vote Second reading: January 17, 1974 (Vote Published: January 8 and 22, 1974. Attest: ' City Clerk Yeas: 7 : Nays: 0) Yeas: 7: Nays: 0) 36 �ff 11 S(20i1u reading of -Ordinance amending Section 3S.15 of the Code of City of Fort Collins relating to the dog ordinance adopted Councilwoman Gray made a motion, seconded by Councilman Fead, to adopt Ordinance No. 2, 1974 on second reading. Yeas: Council members Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None. ORDINANCE NO. 2 , 1974 BEING AN ORDINANCE kMENDING SECTION 35-15 OF THE CODE OF T11E CITY OF FORT COLLINS RELATING TO DOGS IN THE CITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS. That Section 35-15 of the Code of the City of Fort Collins be, and the same hereby is, amended by changing the definition of leash therein contained to read as follows: "LEASH A thong, cord, rope, chain or similar device which holds a dog in restraint and which is not more than six (6) feet in lengths." Introduced, considered favorably on first reading, and ordered published this 3rd day of January, A.D. 1974, and to be presented for final passage'on the 17th day of January, A.D. 1974. xe ATTEST: Mayor C/�✓'vfit.c— City Clerk Passed and adopted on final reading this 17th day of January, A.D. 1974. ATTEST, Mayor City C.lesk First reading: January 3, 1974 Second reading: January 17, 1974 Published: January S and 22, 1974 Attest: City Clerk (Vote: Yeas: 7 Nays: 0) (Vote! Yeas: 7 Nays: Q Ordinance adopted on first reading zoning the Valvi.sta lcineXaLion - Director of Community Development, Roy A. Bingl:l-an, identified the area and stated the requested zoning was RLP. ;,Ifayor Preol.e .i.iiquired into the location of Route A, which was identified by the Director of Connun.ity llevelopment. Councilman Fead made a r;otion, seconded by Councilwoman Gray, to adopt Ordinance No. 3, 19;d on first reading. Peas: Council members Bowling, Ycad, Gray, Lopez, Proble, !;•_ovos and Russell.. Nays: None. Ordinance adoptr.e. cn `irst rending rezoning property by Lc ra. Ltd. Director of Community Development, Roy A. Bingman identified the area and stated this 1•ras a goencral zoning in the area. Planiring Director, William Kane, stated that this zoning was running con- currently with the p).:nn:ed unit develoyment in the area. The current zoning is Womiarcial and IC:, general industrial. The requested liP, plan:nod hus;inc:ss zone is based on a rccommaidation of the planning'staff and actually represents a considerably more restrictive zone. This zone was felt as more appropriatefor the intended mixed use PUB which generally includes 16 apartment units and all of commercial services, and medical office complex. Air. Kane further stated that the intended use of the entire pro iect.was to carry forward the entire scheme of the Sagebrush restaurant. It was the rccoru!:endatian of the Planning and Zoning Board and the staff that this be approved. Councilman Bowling made a motion, secondc,l by Councilman Lopez, to adopt Ordinance No. 4, 1974 on first readin . Yeas: Council members Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell.. Nays: None. (101nance ndmadnn first reading, as amendea,-ssesq%F l"Provemnn in Sn"Pat lonmrrment 1lietrirt No W City Attorney March stated there was a letter which could be considered as a remonstrance and requested that it be read into the record and con- sidered by the Council. I Ci 38 3'9 In •regards to the hearing for Street Improvement District 866 East 10 Elizabeth Street. --- . On our property at 910 East Elizabeth Strcct, the sidewalk has ttao definite cracks xLinni.nthe full ;width of it. Apparently there had been no inspection of this job as there are cracks on several other properties. Therefore, if the contractor does'not intend to repair those at his cost,. then it should be so stated that the property c;.:;cr will not be liable for the repair -at a future, date at. their cost. 00 00 /s/ Albert T. and Petty Evip V► 910 E. Elizabeth Street Director of COeTaunitY Dcvel.cE.ir,eut, Roy Bi.n71an, stated the Administration was aware of the problem and felt the si.dci: l.k rculd be repaired to the satisfaction of the property osier. Di•. Robert Conlon,_ 72S Elizabeth Street appearal before the Council and :inquireu of the Council into the tax relief for the citizens over 65. City Attorney 1.1,irch e:�;)lained that t.1u, district i.:ould have to follow its course and tax relie%rwould be avai..l:J,1e al, t.er the district had been assessed, and the or_inance.had City Plan:,_qer Brunton stated the assessing Ordinance went. through ,intact t i•.ith moneys made aeai.lrble for tax relief from the 1huwon Resources t Departrieiit through Puvenuc Sharing'. Upon completion of second reading, the Human Resources budget would deposit, money into the district for this. City Clerk, Verna Lewis, now read the ordinance by title. City Attorney March stated before there was a motion on the ordinance, it motion was in order to change the figures on the schedule as folloias: On page 1 of 8: delete the figure $593.06 as it pertains to the Hoffner property; on the same page delete the figures $652.36 as rertains to the Newbauer property; on page 4 of 8, delete the figure $9=i8.90 which per- tains to the Alumbaugh property; on page 5 of 8, delete the figure $1,482.65 as pertains to the Anderson property; delete tiie fi,,gire $593.06 aspertains to the Atchley property; delete the figure $1,314.21 as pertains to the Hayes property and change the figure of $1,81.71 so that it; reads $1,181.71; delete the figure 51,381.83 as it pertains to the Osborne property; on page 7 of 8 delete the fi�ure$1,186.12 u� it pertains to the Conlon property; on Patio .8 of 8 delete the figure $3,593.94 which t:crtains to the M..cCov nroperty; the figure $893.48 ..s pertains to the Fullerton property. Councilman Lopez made a motion, seconded by Council::oman Reeves, to delete the figures as indicated by the City Attorney. Yeas: Council members 1 Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None. City Attorney March next requested the City Clerk to read page_6 of 8 which was omitted from the schedule. 4b' Councilman Lopez made a motion, seconded by Councilman Bowling, to substitute page 6 of 8-Tor page 7 of 8 submitted with the schedule. Yeas: Council members Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None Councilman Fead made a motion, seconded by Cowicilwoman Gray, to adopt Ordinance No. 5, 1974, as amended, on first reading. Yeas: Council members Bowling, Fead, Gray, Lopez, Preble and Reeves. Nays: Councilman Russell. Ordinance adopted on first reading amending Article I of Chapter 112 of the Code of the City of Fort Collins relating to the City water utility and rates for service from such utility Councilman Fead stated he wished to make a couple of comments regarding the cover memo relating to this ordinance. "The memorandum implies that the ordinance would provide a decrease in the flat rate for single family residences, and it was not quite true; as proposed, the ordinance carries an 30 to 40% increase for the average single family residence, and about 30% increase for duplex; with meters the increase for commercial is about 50 to 65%; for a single family and duplex it approximates about 30% again; for trailers the average use is quoted on the data given. The charge for trailers is from a decrease of 20% to an increase.of 20%, depending on the rate of usage and for apart- ments, it is a decrease from 12% to 30%". Further, Councilman Fead stated "it should be pointed out that the City is selling water which is treated and transported, etc., for something less than 10¢ a ton, which is a cheap commodity; it is less than four hundredth of a cent per gallon and one of the things that we need to be careful of is that if we fail to provide for future use, the cost of the water will be much more." It is Councilman Fead's opinion that "two to three million dollars it would.take for meters at this time, would be far better spent for new sources of water". Another item of concern expressed by Councilman Fead was that renters should be well aware that although there are increases in the water, these are off -set by changes in the tax rates and this should not be an excuse for increasing rents. In closing, he did not feel that single family residences were getting a big break. Councilwoman Gray stated she hoped Council members would reconsider going to a pure cost of service. Councilman Bowling spoke to the 15% reserve provided by the single family residences. Councilman Lopez inquired if the ordinance reflected the alternate as recommended by the Water Board. City Attorney March stated that the ordinance was drawn on.the alternate - as.recommended by the Eater Board. Mr. Gary Eaton, 427 Garfield, appeared before Council and spoke in favor of the alternate as recommended by the Water Board. 1 M l] LI7 "1 r: Councilman 1opez made a motion, seconded by Councilman Russell, that Ordinance No. 6, 1974 be adopted on first reading. Peas: Council `- me,nbers Bowling, Fead, Lopez and Russell. Nays: Council members Gray; Preble and Reeves. First reading of Ordinance adopted amending Article II of Chapter 112 of the Code relating to the City Sanitary Sewer Utility and rates for service from such utility Councilwoman Gray nude a motion, seconded by Councilman Lopez, to adopt 00 Ordinance No. 7,,1974 on first reading. Yeas: Council members Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None. City Attorney March stated he would like to have clarification of previous Q action of the Council on this subje;:t. It was his understanding that the. ordinance, as drain, would not adjust the rate to the Kcst Fort Collins . Eater District to reflect the 15% reduction, outlined for single family flat rate users. It was the consensus of the Council that this was correct. City Manager Brunton stated there was an error of 1% in the (Vest Fort Collins rate, as originally it was understood that the water meters in the district were owned and maintained by the City. This was an error; .hence the I� per thousand gallon reduction. First -reading adopted amending Section 18-22 of the Code of the City of Fort Collins relating to amendments to the zoning ordinance City Attorney March stated that this was awned at stream lining the process of doing away with one resolution and put the matter tothe administration to handle. The City Clerk will automatically give notice, once she received notice from the Planning and Zoning Board, Councilman Russell made a motion, seconded by Councilman Lopez, to adopt Ordinance No. 8, 1974 on first reading. Yeas: Council members Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None. Ordinance adopted amending Section 18-22 of the Code relating to special meeting of the City Council on first reading Council considered the notification to any Council member absent at the time a special meeting was called. Councilman Bowling also spoke to the possibility of going back to weekly Council meetings. Upon deliberation, Council instructed the City Attorney to prepare an amend- ment to the ordinance providing for notification of absent members, prior to second reading of the ordinance. Cowicilwoman Reeves Wade a mot ion,. seconded by Councilman Russell, to adopt Ordinance No. 9, 1974 on first reading. Yeas: Councilmembers Bowling; Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None. Al .42 Amending Sections A 123-3, A 123-6, A 123-11 and A 123,13 of the Code relating to the Local Liquor Licensing Authority referred to City Attorney City Attorney March stated that the A numbers of the proposed ordinance, as outlined, was the letter indicated in the appendix, it was therefore stated that a resolution was in order instead of the ordinance and he would prefer to bring this back to the Council.at the next meeting. Councilman Bowling made a motion, seconded by Councilman Fead, to refer the matter to the City Attorney for clarification. Yeas: Councilmembers Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None. Annual report of the Licensing Authority accepted Councilman Russell made a motion, seconded by Councilman Bowling, to accept the report of the local Licensing Authority. Yeas: Councilmembers Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None. LIQUOR LICENSING AUTHORITY i 1973,Annual Report 3.2% Fermented Malt Beveral License Renewals 8-29-73 Round the Corner, 1221 West Elizabeth El Burrito Cafe, 404 Linden Pine Tavern, 244 Pine Street 10-3-73 Pancho's Cafe, 1802 North College 10-17-73 Durrell Center, Colorado State University Speedy Foods, 421 Cowan 11-21-73 'Isle of 7-Seas, 181 North College Pizza Roma „ 749 North College Sportsman's Bar, 210 Walnut 12-19-73 7-Eleven Store, 1001 Lemay National Tea Co., 420 South College Avenue Liquor Renewals Retail Liquor Stores 11-21-73 South College Liquors, 2724 South College Avenue Ace Liquors, 200 East Mountain Avenue Johny's Liquors, 111 West Prospect Street Bill's Aggie Liquors, 429 Canyon Avenue Campus West Liquors, 1107 City Park Avenue Beer and Wine License •Giuseppe's, 354 Walnut Street Club License VFW, Rocky Mountain Post 1781, 201 Linden 1 I 42 3., Hotel=Restaurant License Bakes Restaurant, 249 South College Avenue Catacombs Restaurant, 115 South College Avenue Northern Hotel Restaurant $ Lounge, 172 North College Avenue Golden Ram, 214 Linden Horsetooth Lanes, 217 West Horsetooth Road Sagebrush, 934 Lemay Out of Bounds, 200 West Mountain Avenue .-12-19-73 Moot House, 2526 South Colleg^ Avenue Dp Pagoda Enterprises, 1002 North College Avenue Transfer of Licenses 3.2% Fermented Malt Beverage Licenses 9-6-73 Green Onion, 162 Linden 9-19-73 TJ's, 142 Linden 1973 Annual Report, Liquor Licensing Authority a� New applications filed Beer and Wine License 9-6-73 Giuseppe's, 354 Walnut Street Retail Liquor Store 9-6-73 West Prospect Liquors, 310 West Prospect Street (withdrawn) Hotel Restaurant 9-19-73 Gene's Tavern, 200 Walnut 10-17-73 Isle of 7-Seas, 181 North College (withdrawn) ... '12-19-73 Casa Godinez Restaurant, Suite 15, Foothills Fashion Mall Tico's of Fort Collins, Lot 1, Drake Park Subdivision Suspensions 11-21-73 Gene's Tavern, 200 Walnut, 5 days Zrom midnight on December 8, 1973 thru December 13, 1973, for violation,of the State Rules and Regulations pertaining to 3.2 Beer. 7-Seas, 181 North College Avenue, 5 days from midnight on December 20, 1973 thru midnight on December 25, 1973, for a violation of the City Code Section 33-22. Expansion 9-19-73 Rams Inn, 1220 West Elizabeth Resolution adopted ving agreement with Larimer County library facilities Councilman Russell inquired into the percentages of participation in this agreement , and on what basis they were made. Cowicil has desired to have a specific formula for contributions in contracts to other governmental agencies. Councilwoman Reeves inquired into the increases and was advised that the County Commissioners had allotted more money to this project for 1974. Councilman Lopez made a'motion, seconded by Councilwoman Reeves, to adopt the resolution Yeas: Council members Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None. RESOLUTION 4-74 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH THE BOARD OF COUNTY C01,24ISSIONERS OF LARIMER COUNTY WHEREAS, heretofore the City of Fort Collins and the County of Larimer entered into an agreement regarding the operation of the City and County libraries; and WHEREAS, in the opinion of the Council of the City of Fort Collins it is desirable to continue such agreement and a new agreement has been prepared to continue the same arrangement for the year 1974; and WHEREAS, said agreement has been approved by the City Attorney and the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreement be, and the same hereby are, accepted and approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute said agreement for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this 17th day of January, A.D. 1974. ATTEST: Mayor City Clerk Ll Ll 44 45 . Resolution adopted establishing the preference of the City with regard to the location of a proposed expressway to be constructed by the State Hi.ghway Department Councilman Fead stated this resolution does point out the Council's concern for the problems in Laporte, Alta Vista, and Andersonville, maintaining the integrity of these areas. Further that Council was talking about a corridor and not a specific route. Councilman Lopez made a motion, seconded by Councilman Russell, to adopt DO the resolution. Yeas: Council members Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None. uC RESOLUTION 5-74 �j OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING THE PREFERENCE OF THE CITY WITH REGARD TO THE LOCATION OF A, PROPOSED EXPRESSWAY TO BE CONSTRUCTED BY THE STATE HIGIMAY DEPARTMENT WHEREAS, the State Highway Department of the State of Colorado has had under consideration for some time establishing an expressway around the City of Fort Collins to eliminate traffic °congestion on the present State Highway No. 14; and WHEREAS, various routes have been proposed for such expressway and a study of the proposed routes was made and reported on in the Meehen Report; and WHEREAS; the City Council has heretofore considered the question of selecting a route for the proposed expressway and has made a determina- tion.that the City favors establishing the expressway along the route designated as Route A in the .Report; and WHEREAS, the State Highway Department anticipates proceeding with the necessary impact statements and engineering studies in connection with establishing such expressway and it appears desirable for the City of Fort Collins to reconsider the questions posed as to the location of such expressway, and the City Council has reconsidered such question. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: 1. That the City Council reaffirms its recommendation to the State Highway Department that the route designated as Route A in the Meehen Report be the corridor for the proposed expressway; and 2. That the City of Fort Collins hereby requests that the State Highway Department do everything possible in connection with the location of such expressway to maintain the integrity of the LaPorte area, the Alta Vista and Andersonville areas and the City of Fort Collins; and i46 3. That the City of Fort Collins further requests that the State Highway Department do everything possible in locating such expressway to minimize any damage to the business community located on North College Avenue in the City and to minimize this service to the agricultural interests which will be affected by the location of. such expressway; and 4. The City Council further requests that the State Highway Department investigate and determine the optimum locations for interchanges on the proposed expressway with existing heavily travelled roads in and near the community. Passed and adopted at a regular meeting of the City Council held this 17th day of January, A.D. 1974. c� ATTEST: Mayor City Clerk Resolution adopting Urban Area Boundary Pfap tcbled to February 7, 1974 City Manager Brunton stated since the map was not available, this item would be taken off the agenda and put on the agenda for the next meeting. Councilman Russell made a motion, seconded by Councilman Bowling, to table this item to the February 7, 1974 meeting. Yeas: Councilmembers Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None. Resolution adopted stating need for nature of; and location of improvements and directing City Engineer to prepare complete reports for districts Director of Community Devekopment, Roy A. Bingman, stated included in the 1974 budget were proposed street improvement districts for the follewing areas: (1) Riverside Drive - Prospect to Mulberry. (2) Lemay -Elizabeth to Riverside. (3) Lemay - Stuart to Prospect. (4) Prospect - Lemay to Timberline. (5) Shields - Prospect to Swallow. 46 44 0 Mr. Bingman further stated there are two methods of establishing districts, (1) by petitions of the property owners and (2) a recommendation by the Administration that there is a need for an improvement district, the areas under consideration are basically the old County Roads: the traffic sit- uation has increased; also, recommended were water line and storm sewer -improvements. City Engineer Don Parsons identi�.ied the Street Improvement, water line -improvement and Storm Sewer vnprovement areas on the map. 30 City Attorney March stated there was a need to charge the. "Street" imorove- 0C ment designation to "General' improvement district. Councilwoman Reeves made a motion, seconded by Councilman Lopez, to correct the resolution as indicated. Yeas: Council members Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None. Councilman Lopez made a motion, seconded by Councilman bowling to adopt the resolution as amended. Yeas: Council members Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None. RESOLUTION 74-6 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPT- ING A RECOMMENDATION FROM THE DIRECTOR OF PUBLIC WORKS REGARDING THE INITIATION OF A SPECIAL IMPROVE- MENT DISTRICT, STATING THE NEED FOR, THE NATURE OF, AND THE LOCATION OF THE IMPROVEMENTS TO BE MADE, DESCRIBING THE AREA TO BE ASSESSED FOR THE SAME, AND DIRECTING THE CITY ENGINEER TO PREPARE . 'AND PRESENT TO THE CITY COUNCIL THE NECESSARY INFORMATION FOR THE FORMATION OF SAID DISTRICT WHEREAS, the Director of Public Works -has recommended, to the City Council that a special improvement district be created for the purpose of installing certain public improve- ments in the City; and i WHEREAS, -the City Council has received -such recommenda- tion and desires to continue with the formation of such special•improvement district. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE. CITY OF FORT COLLINS: Section 1. That the recommendation of the Director of 0 .47 4S 0 Public Works is hereby received and accepted. Section 2. That the improvements to be constructed are the following: installation of water distribution lines, installation of storm sewer lines and improvement of streets with pavement, curb, gutter, sidewalk and street lighting, and that such improvements are needed in order to bring water service to the properties in the area, to provide for storm drainage necessitated by improvements erected in the area, and to increase the safety of persons using the streets to decrease the required maintenance on the streets and to provide better lighting on the streets in the area. Section 3. The location of the improvements to be made is as follows: street improvements to be installed on Riverside Drive from Prospect Street to Mulberry Street, on'Lemay.Avenue from Elizabeth Street to Riverside Drive, and from Stuart Street to Prospect Street, and on Prospect Street from Lemay Avenue to Timberline Road. Water lines and storm sewer lines will be installed within the boundaries of the District as necessary to serve the properties on the aforenamed streets. Section 4. The City Engineer is hereby directed to prepare and present to the Council the following: A. Preliminary plans and specifications of the improve- ments proposed. - B. An estimate of the total cost of such improvements, including the cost of constructing the same, engineering, legal and advertising costs, interest during construction and until assessments are made by ordinance against the 4 y' properties benefited, and other incidental costs. C. A map of the district to be assessed for the cost of the improvements. . Section 5. Said improvement district shall be known as General Improvement District No. 69. 00 x, Passed and adopted at a regular meeting of the City x C5 Council held this 17th day of January, 1974. /s/ Mabel G. Preble Mayor ATTEST.: City Clerk Resolution adopted acceptinc the recommendation from the Direct6r of Public forks regarding the initiation of a special improvement district and directing the City Engineer to prepare and present to the -City Council the necessary information for formation of District No. 70 Director of Community Development, Roy- Bingman, stated this would be the paving of Shields Street between Prospect Street and Swallow Road. If approved, the Administration anticipated bringing the report back to the City Council for Part 11 approximately one month after Part I because of the amount of engineering and estimating involved to com- plete report for Part 1. City Manager Brunton state(: that this would be a difficult district, mainly because CSU was one of the large property oamers in the area; CSU has budgeted money for this project. Also, included in this project would be the improvement of the street for the pedestrians to. Rocky Mountain High School. The City of Fort Collins, as a property , owner in the area, will also be a contributor to the district, and there are funds available in the budget for this improvement. Councilwoman Gray made a motion, seconded by Councilman Bowling, to adopt the Resolution. Yeas: Council members Bowling, Fead, Gray, Lopez, Preble and Reeves. Nays: None. (Councilman Russell out of room) 0 49 -50 RESOLUTION 1974- 7 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPT- ING A RECOMMENDATION FROM THE DIRECTOR OF PUBLIC WORKS REGARDING THE INITIATION OF A SPECIAL IMPROVE- MENT DISTRICT; STATING THE NEED FOR, THE NATURE OF, AND THE LOCATION OF THE IMPROVEMENTS TO BE MADE, DESCRIBING THE AREA TO BE ASSESSED FOR THE SAME, AND DIRECTING THE CITY ENGINEER TO PREPARE AND PRESENT TO THE CITY COUNCIL THE NECESSARY INFORMATION FOR THE FORMATION OF SAID DISTRICT WHEREAS, the Director of Public Works has recommended to the City Council that a special improvement district be created for the purpose of installing certain public improve- ments in the City; and WHEREAS, the City Council has received such recommenda- tion and desires to continue with the formation of such special improvement district. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the recommendation of the Director of Public Works is hereby received and accepted. Section 2. That the improvements to be constructed are the following: the improvement of the street in the District with pavement, curb, gutter, sidewalk and street lighting, and that such improvements are needed in order to facilitate the use of said street, increase the safety for persons using said street, decrease the required maintenance on said street, and provide better lighting on such street. 1 I r-- Section 3. The location of the improvements to be made is as .follows: on Shields Street from Prospect Streetto Swallow Drive. ap Section 4. The City Engineer is hereby directed to �JO prepare and present to the Council the following: Q A. Preliminary plans and specifications of.the improve- ments proposed.. B. An estimate of the total cost of such improvements, including the cost of constructing the same, engineering, legal and advertising costs, interest during construction and until assessments are made,by ordinance against the properties benefited, and other incidental costs. C. A map.of the district to be assessed for the cost of the improvements. Section 5. Said improvement district shall be known as Street Improvement District No. 70. Passed and adopted at a regular meeting of the City Council held this 17th day of January, 1974. Mayor ATTEST: City- Clerk 51 Cresap, Paget and McCormick Fleet Plan for Police Department 52 accepted and adopted A two hearing on the above subject: was initiated by. the City Manager's. summary as follows: The consultant's report summarized the fleet plan in seven pages of a comprehensive report. -Listed below is a summary of the six major advantages of the fleet plan: 1. To increase the number of police units available to respond to the scene of reporting crimes or other urgent calls for assistance, 2. To increase the visibility of presence, and display to citizens -that there are police ready to respond when needed, thereby contributing to their peace of mind. 3. To enhance the Police Department's ability to summon off -duty policemen in emergencies and have them report in equipped police cars directly to the site where they are needed. 4. To improve the maintenance and reliability of police cars by placing the respon- sibility for personal care of each car on an individual policeman, S. To allow patrol officers coming on duty to place the relieved patrolman in the assigned zone without having to report to the station to change cars. 6. To provide by the presence of additional marked cars on the streets an added incentive for motorists to obey traffic laws. i These advantages do not include the fringe -benefit affect to the patrol officers of the fleet plan which is an added factor. Since the most costly part of the Police Department operation is for personal services, and the major portion of the addi- tional trained personnel in the Police Department is the 2/3+ not on duty, the main justification for the fleet plan is that it utilizes this off -duty personnel,, The major:disadvantages are: 1. The high initial capital cost, If the City's bid is accepted, the initial capital cost to the City would be �136,487 including the refurbishing of cars from other departments to be assigned to the Police Department and the cost of the replacement compact cars. However, according to the analysis of the vehicles' purchase policy of the CMP report, tile net increased cost to the City over the next six years would be $2,281 per year in vehicles and $5,950 per year in specialized police equipment, or a total of $8,231 per year. 2. The increased yearly operating expense. Our estimates are based on the extra annual canital cost from the CMP report of $2,281 per year for extra vehicles and $5,950 per year for police equipment. Under the assumptions in I -like DiTullio's report, the extra costs for operating the vehicles (based on 1973 prices) would be $18,150 per year and the extra insurance costs would be $4,800 per year. (There might be some difficulty obtaining the necessary insurance.) Tills means, based on the CPIP report and our assumed additional usages under the 1973 prices, the total additional cost to the City would be $31,181 per year. Also, we would use an additional 16,500 gallons of gasoline per year. 1 �i I 10 01)' 3. The difficulty of establishing control. Exhibit C is a policy statement we recently prepared which includes sections on (a) the purpose of the one-to-one car plan, (b) general regulations covering the use of City -owned vehicles, and (c) maintenance regulations covering the use of City -own vehicles. Pith this in mind, we believe controls could be adequately established, 4. The problem of having a new system or dichotomy in our vehicle plan. At the present time we are trying to limit the number of City vehicles that are token home. Many cars are essentially taken home because of the onergencv nature of pp the work of many of our de;artment personnel. However, when possible, we are 00 asking that the cars be left at the office and encouraging that car Pools be used either with City. or private cars. The duel system might create some problems try- 7 ing to enforce our vehicle policies. However, we believe this can be worked out.. 5. The attitude of the public towards this program. Perhaps the most important factor to evaluate is the attitude of the public towards this program. 15e should determine how the public perceives this program. If a large percentage of the people feel this is wasteful, they sill, therefore, formulate this policy as a general feeling towards the City. However, if they feel this program gives them added protection, it would be a plus value. Recommendation: There are Problens that have to ` — worked out regardless which way the Councilecides. Such questions such as local purchase versus state purchase of vehicles still exists. The whole question of what types and standards should be used for the purchase of compact cars is of equal importance under either system. Pie need to have quick delivery of some co,,pact cars to implement the transfer plan outlined in Mike DiTullio's recommendation. As stated before, the main decision to be made by the Council is whether or not the $30,000+ is worth the advantages of the fleet plan as outlined in the various reports. To a certain degree, this is a subjective decision, The Administration can and will work with either system decided on by the Council to malco it as workable as possible. Council members next had an opportwiity to ask questions. The following citizens spoke in opposition to the plan: 1. Mr. Paul Moore, 2723 Stanford 2. Mr. Rollen Dixon, Belivue 3. Mr. Gary Eaton, 427 Garfield 4. Mr. Steve Smith, 1109 hest Magnolia 5.' Mir. David Bye, 119 North Shields 6. Ms. Betty Jarzyna, 601 E. Plum Police Chief Ralph Smith next spoke in favor of the plan and also stated the recommendations of the Police Study had been implemented almost in their entirety. 1 53 54 The following citizens spoke in favor of the plan: 1. Mr. John Lazuick, 537 S. Taft }till Road 2. Mr. Jack Peverly, 1001 McHugh Street 3. Mr. Jan Scarboro, 2740 Alexander Court Mr. Bill. Evans reviewed the basic reasons why this plan was recommended and then responded to questions raised. City Manager Brunton stated regulations had been worked out in advance should Council adopt this plan. Questions and continents by Council members 1. Councilman Bowling stated lie had expected the study to show the need for substantial increases in the Police Department;, upon studying the report and going through it, he felt it could help the City and that the study 'showed the City could do _something rather than just increasing the manpower. 2. Councilman Fead stated this was only one facit of a complicated study and he felt the Police had given -in a number of areas i.here they were not that happy about giving, that we felt that because they too had confidence in the consultant, that this would lealto a more efficient operation, they were willing to try this. Therefore., he felt that this particular part of the recouanendation could also be adopted. 3. Councilwoman Gray stated she did .not see in the regulations, where jolice officers would be paying for their own gasoline. City Manager Brunton stated this had been discussed by the Council but not voted on; it was the widerstanding of the Administration that they would not. 4. Councilman Lopez inquired what effect this plan would have on over- time pay, adding he felt it would be unfair to the Police officers to have them come in without additional overtime pay. Councilman Lopez stated he made this comment "because much of the discussion would lead the ordinary citizen to believe that we are going into something that would be much more economical and therefore, we are not going to have to be raising the budget of the Police Department in the next year or two and I would hate to come up another year from now and raise the budget for the Police Department and say, well, we thought we wouldn't have to raise it at all, this was going to solve it, and I changed my mind, it did'nt solve it." City Manager Brunton stated there would be increases, but it was hoped they would be minimal. Council Lopez stated he had received 25 calls on the subject; 21 had indi- cated they were opposed; 4 stated they were in favor. Some of the calls indicated preferential treatment would be given one department while others felt it would be poor public relations. In closing, Councilman Lopez stated he was pessimistic about this and would rather spend the maney on another project to help the Police Department. 54'J" 1 1 E 55 S. Mayor Preble stated she agreed there had been a lot of misinformation about the plan and she felt it would improve the public relations of the Police Department. 6. Councilwoman Reeves stated the majority of her calls had been inquiries some related to the costs. Only one of her calls had been negative. Further, the Police Dopartment had implemented the plan including the items they dial not especially favor, and now when it was time to give them a fringe benefit, the plan should be tried and see ho,,, it works out. The humanizing effect of seeing Police officers with their families was also addressed by Councilwoman Reeves. OC7. Councilman Russell stated he was very much in favor of the fleet plan, Oc economically as well as for protection for the people. Where are some (� areas of concern, but he felt they could be worked out. `1'he,cails he had. received here six for and one against. Councilman Bowling made a motion, seconded by Councilman Gray, to accept• the Fleet Plan and adopt it. Yeas: Council members Bowl'ing,.Pead, Gray, Preble, Reeves and Russell. Nays: Councilmimn Lopez. Electical rate increase referred to City Attorney City Manager Brunton states the Administration, in looking for direction on how to proceed on the rate -proposal and rate study, based on notification from the Platte River Paver Authority, on their rate increases: As a folloc•r up to the Council work session on .January 10,.1974, Director of Utilities, Stan Case; reviewed the alternatives he had given at this meeting: (1) Continuing present rates (no increase), (2) No raise now - cost -of -service rate adjust- ments in 1975,(3) Increase now to reflect Imoim costs and cost -of -service study as 'basis- for 1975 and I977 adjustments. 77ne recommendation of the Administration was that. Council adopt Alternative 3 to reflect the known costs and cost of service study as basis for 1975 and 1977 adjustments. Councilwoman Reeves requested that the study include the possibility of flatening of rate. Councilwoman Gray made a motion, seconded by Councilman Lopez, to direct the City Attorney to draw up a resolution implementing Alternative 3 and .estab- lisiiing the policy guidelines. Yeas: Council members Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None. Employing assistant for right-of-way and land acquisition Request tabled It was the consensus of the Council that this item should be up at a work session. Councilman Bowling spoke to the letter from the Steering Committee of D1' which stated in part: "All of these factors, the increased work load, and time pressure due to inflation, make it imperative that consideration be given to some addi- tional staff so that these programs can be moved ahead." Councilman Russell made a motion, seconded by Councilwoman Reeves, to table this item to a later date. Yeas: Councilmembers Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: ?done. dosing Landfill on Sundays through March approved City Manager Brunton stated the Administration was recormiendsng that the City close the landfill on Sunday on a trial basis starting on January 27, 1974 and extending to the last Sunday in March. City Manager Brunton stated that the City scavengers are: at the landfill. every day but Sunday. Councilwoman Reeves made a motion, seconded by Councilman Lopez, to close the landfill throughi!,!arch and get a report back. Yeas: Council members Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None. Report on status of resolution passed by the Council concerning policies for electric utility because of current energy crisis City Manager Brunton stated that this resolution would go out of effect on January 31,1974; in talking with Mr. Case on this matter, the Adminis- tration felt that the resolution had served its intended purpose, at that time the Administration mentioned that the City coi.ld either (a) extend this period of the resolution, (b) recommend a new resolution for �. a policy statement, or (c) have the policy statement go out of e..istence effective February 1,,1974. T7ie present permit system seems to be adequate at this time.. No further action was taken by the Council on this matter. Review of University Square Development Plan City Manager Brunton stated the Planning and Zoning Board had reviewed this matter , and recommended approval. Director of Community Development, Roy Bingman, stated this was an informational matter for the Council. A special importance to the project is relating to Mason Street and the bicycle path west of the project. Mr. Bingman further reviewed the location of the existing stop light and the proposed stop lights in this project. Director of Planning, William Kane, spoke to the efforts made to save the existing trees, and reviewed the traffic related matters. Councilman Fead complimented the developer, Mr. Harold Miller, President of the Poudre valley Construction Co. for his efforts in saving the existing trees.in the development. No further action was taken by the Council on this matter at this .time. , 16 _Minor changes in Pay Plan approved City Manager Brunton stated the administration was recommcnding that the Lieutenants' position be in range ld rather than 1S. The competitive salary system is based on base positions from our salary study and the relationship of position within and between the various departments of the City. Councilman Lopez stated.he felt we were creating a bad precedent when we fill positions in this manner; further he felt: we should consider na;nning these positions on a temporary basis and that these positions be temporary 9� or if not the positions, the salary be. temporary, so that they become open by that department for competitive cxaudnation. JO City Manager Brunton stated there were six openings and only six that were eligible. ]'here were nice Sergeantseligible and three preferred to stay'in their present.positions. Councilman Lopez stated he felt Council should have an opportunity to look over the personnel rules and make continents. Councilman Bowling inquired if all six candidates were qualified. City Manager Bruntoir responded that onty one did not meet the tti%o year re- quirement in rank; the Personnel Board ruled to mako an exception in this case. The Administrative Staff had argued for a promotional. examination and the Police Dopartment had argued for the automatic promotion because of the extra ordinary conditions. Councilman Lopez felt all six positions should have been filled by com- petitive examination. Councilman Russell stated Council should have the information before hand. City Attorney March cautioned Council on the Charter provision of not interferring with the Administrative Service. Councilman Fead stated he did not know of any military organization that fills their positions by com- petitive examination. Mr. Chris Ferguson, 530 East Swallow Road, spoke in opposition . to going outside the department for supervisory personel , terming it detrimental to morales. Councilwoman Reeves made amotion, seconded by Councilwoman Gray, to approve the changes in the pay plan. Yeas: Council members Bowling; Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None. Purchase of three buses approved Councilman Bowling stated this issue had been discussed many times. In discussion with the consultants at the afternoon work session, it had been recommended that the City purchase two buses with one backup. 57 - .5S Councilman Russell addressed the method of how the City is planning to use the busses in the beginning; that is the demand system; this would mean the City had two busses with one backup with no established routes; only by call does this respond. Councilman Russell stated he would like to have established routes first and check the feasibility of that before going to a demand system. Councilman Fead expressed the same reservations expressed by Councilman Russell. City Manager Brunton stated his concern of Council authorized buying all of the busses, we might not qualify for federal funds. Councilman Bowling made a motion, seconded by Councilman Lopez, to place an order, three Mercedes Benz mini busses with 1.5 to 20 seating capacity with authomatic transmission. Yeas: Council members Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays:None. Resolution authorized approving an agreement with International Investment Company City Attorney March stated on the Spring Creek property, the City had correspondences going back more than a year on the matter relating to furnishing raw water to that land. The question of whether the City would accept the water was before the Rater Board and the Council and the determination had been made by the Council not to accept the water. Upon review of the situation, negotiations had been held with the devel- opers, out of which came the recommendation to the Council that the devel- .opers pay the fees required in lieu of water rights with a contract saying that if within an 18 month period the matter.was resolved so that the City would accept the Arthur Ditch water, then the City would refund the money for an equivalent amount of water. If the policy did not change within the 18 month period, the City would keep the money. City Attorney March stated one other item that might be germain to this was a meeting with the Southside Ditches, discussed by the Rater Board at an afternoon meeting held today, and on the basis of their recommendation, he would write the ditch company Directors and advise them that with or with- out a meeting with them, the City would make a determination on March 1," 1974. Councilman Bowling made a motion, seconded by Councilman Fead, to authorize an agreement with International Investment Co. as outlined. Yeas: Council members Bowling; Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: ,`lone. -,Request of Ada May Guard for City to accept 23.5 shares of Arthur Ditch Irrigation water in satisfaction of water rights tabled Mrs. Guard had been present during the above discussion, she stated Council had a copy.of her letter that explained her position. 1 M r� - �= The recommendation of the Administration was to table this request and that the Administration bring back a policy statement on this and other related water matters. ' Councilman Lopez made a motion, seconded by Councilman Bowling, to table this request. Yeas: Council members Bowling, Fead, Gray, Lopez; Preble, Reeves and Russell. Nays: None. Other Business 1. City Manager Brunton stated he had received a request to use the America Building.parki.ng lot to hold a circus sponsored by the Jaycees. JO L70 The recommendation of the Administration was that this item be tabled and, if needed,a special meeting of t}ie Council be called. 1. Councilman Bowling made a motion, seconded by Councilman Russell, that Council not allow a circus to be held on a public parking lot. Council members Bowling, Fead, Lopez, Preble and Russell. Nays: Councilwomen Gray and Reeves. 2 Sole source purchase of Truck Mounted Tree -Loader Equipment for Parks and Recreation Department approved City Manager Brunton stated the City_was.experiencing delays in delivery dates for trucks. The City needed,a 2=z ton truck fer the Barko Loader, this equipment was approved in the budget in the amount of $17,300. Under the conventional system, it would not be delivered in time to vnple- ment the:tree planting program. The entire price of equipment that meets all of the specifications could be purchased from the Swingle Tree Surgeon Company at $17,775.OS. The recommendation of the Administration was that they be allowed to negotiate with this company for the total product. Councilwoman Reeves made a motion, seconded by Councilman -Lopez, that the Administration negotiate with the Swingle Company as a sole source. Yeas: Council members Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. . Nays: None. ..... 3. Councilwoman Reeves inquired into the automobiles'purchased on state bids. City Manager Brunton stated Council had had a consensus that if the difference in cost between the local dealers and the state bids was more than $500 the bid would be given to the state. The only problem was that the City was going to state bid on the basis of assimiption that the . same thing would hold on the intermediate cars and go. just tg_state bid.on ,- intermediates. There was a difference of aMttt $11,000 on 20 ca'rgs No further action taken at this time. 59 4. Mayor Preble stated there .was a resignation from Mr. Luke Long, from the Human Relations Commission, so site would like to direct the Adminis- " tration to write him a letter thanking him for his service, and that the Council be thinking about a replacement for him, action would be taken at a later meeting. 5. Mayor Preble stated she had also received requests on the national and state level to appoint a Bi-Centennial Committee for that event a;nd she felt DT2 would be good to ask and they could handle this and could do it. Councilman Bowling made a motion, seconded by Councilwoman Gray, to direct the DT2 Committee through its executive director to appoint the Bi-Cen tennial Committee. Yeas: Council members Bowling, mead, Gray, Lopez, Preble, Reeves and Russell. Nays: None, Adjournment Couincilman Fead made a motion, seconded by Councilman Russell., that the Council. adjourn. Yeas: Cowncil members Bowling, Dead, Gray, Lopez., Preble, Reeves and Russell. Nays: None. ATTEST: City Mayor ell 'a9 �1 I� .f R-