HomeMy WebLinkAboutMINUTES-03/07/1974-Regular1 13, 0
March 7, 1974
COUNCIL OF THE CIW OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 P.M.
Council members present: Bowling, Fead, Gray, Preble, Reeves and Russell.
Staff members present: Brunton, DiTullio, Bingman, Kane, Parsons, Smith,
Cain, March and Lewis.
Presentation of appreciation plaques to Rolland Moore
and Lee Dixon.
Mayor Preble stated it was a great pleasure to present the plaque with the
following inscription to Rolland Moore:
To Rolland Moore, Park Superintendent
In deep appreciation. for 45 years
of faithful and dedicated service to the
City of Fort Collins
1929 to 1974
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The following plaque was presented to Mr. Lee Dixon:
To Lee Dixon, Parks Department '
In deep appreciation for 14 years
of faithful and dedicated service
1960 to.1974
Exxon!Oil Company recipient of Merchant of the Month
Award
Assistant Fire Chief, Don Hisam, stated Air. Morey Garton, of }boon Oil
Company had been chosen Merchant of the Month, the third award given in the
last year to a bulk oil storage facility, for their efforts in Fire
prevention.
Minutes of February 21, 1974 Regular meeting approved
as nublished
Mayor Preble stated copies of the minutes of tile February 21, 1974 meeting
of February 21, 1974 had been received: hearing no corrections, they
stood approved as published.
Final Unit Development and Plat for College Greens Planned
Unit Development approved
Director of Conmiunity Development, Roy A. Bingman, identified the area in ,
question, adding that the zoning is RLP
Mr. Bingman stated associated with this property, is the Stover Street
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question which is now resolved and the paving is being installed now for
' the hill width of the street, and will be completed in the Spring.
Planning Director, William Kane, spoke to the plan in detail; Councilman
Russell inquired into standardized street width. Planning Director,
William Kane, stated it was correct that there were different street widths
allowed; the matter will be resolved with the new PUD ordinance to come
before the Council.
Developer Wally Jungmeyer, stated the Street width was 32', and presented
00 . the proposed development plans.
Councilwoman Gray inquired into the ownership of the property in question,
Mr. Jungmeyer stated he had entered into -an agreemeiii with a limited
ppartnership, called College Greens Limited.
City Attorney March inquired who had signed the statement of ownership and
dedication on the plat. Mr. Jung Byer stated he and Mrs. Guard had signed
it. Mrs. Guard also stated there were no incunberances.
Planning Director, William Kane, summarized the concerns expressed at the
Planning and Zoning Board meeting, included in the minority report, having
to do with the school impact; also, the staff recommendation for approval.
Ms. Martha Tri.ble, 1909 Stover and Mrs. Eleanore Thomas, 2017 Stover, spcka
to the traffic and school impact concerns.
Councilman Russell made a motion seconded by Councilman Fead, to approve
the Final -Unit Development and Plat for College Greens Planned Unit
Development. Yeas: Council members Bowling, Fead, Gray, Preble and
Russell. Nays: Councilwoman Reeves.
;Councilwoman -•Reeves stated she would like to recommend that the Planning
Staff and the Planning and Zoning Board and Personnel from Poudre R-1 meet
and determine the school impact from all the areas that are platted and
being developed and what impact this frill have on the schools over a three
to five year period.
City Manager Brunton stated he would send a letter to Don Webber request-
ing such a meeting.
Final Unit Development Plan and Plat for University Square
Planned Unit Development tabled
City Manager Brunton stated the recommendation was that this be tabled,
since there were still engineering problems and the utility plans
have not been completed.
Councilman Bowling made a motion, seconded by Councilman Fead, to table
' this item to the ,March 21, 1974 meeti-*:g. Yeas: Council members Bowling,
Fead, Gray, Preble, Reeves and Russell. Nays: None.
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Replat of Tract "N'. Southmoor Village Fourth Filing
Approved '
Director of Community development, Roy A.Bingman, identified the area in
question, this is now subdividing the area into a standard subdivision; 'the
north half of the property will remain as a tract.and: will accommodate a
retention pond, which will accommodate the drainage to College Avenue, off
the Shopping Center site and the development approximately one -quarter of
a mile wide. Mr. Bingman stated further there was a 20' easement across
the open area to accnmmiodate a bike lane at a later date.
Planning Director, William Kane, stated this area is zoned RP and is pro-
posed to accommodate 29 single family lots.
City Attorney Dlarch stated there was no specific dedication of that tract
for drainage purposes; which should be included.
Councilman Bowling made a motion, seconded by Councilwoman Gray, to approve
the replat subject to a dedication of Tract "N' for drainage purposes.
Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell.
Nays: None.
Request of Trans -Colorado Real Estate Agency, Inc.
Referred to City Attorney for ordinance preparation.
City Attorney Mlarch stated this item had been to the Planning and Zoning '
Board and should be referred to him for preparation of an ordinance.
Councilman Bowling made a motion, seconded by Councilman Fead, to refer
the item to the City Attorney for ordinance preparation. Yeas: Council -
members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None.
Request to amend Dog Ordinance referred to Administration
City Manager Brunton stated the Administration would like tuD weeks to
come back on this. No agreement had been reached among the veterinarians
on this subject. The item could come back at the next meeting.
Councilwoman Reeves made a motion, seconded by Councilman Fead, to refer
the item -to the Administration. Yeas: Council members Bowling, Fead,
Gray, Preble, Reeves and Russell, Nays: None.
Request of the First Baptist Church to amend the zoning
ordinance refer to Planning and Zoning Board
City Manager Brunton stated the Church had been advised that the recom-
mendation would be to refer this item to the Planning and Zoning Board
for recommendation.
Councilman Bowling made a motion, seconded by Councilman Fead, to refer
this item to the Planning and Zoning Board. Yeas: Council members ,
Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None:
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Ordinance adopted on first reading amenidinig.; Section 16-20
' of the Code relating to Assessments for Local Improvements
City Attorney March stated this ordinance allowed the City to assess over
the amount which can now be assessed against property for improvements;
which is one-half of its value as determined by three times the tax rolls,
if the property owner consents to it. The other change was to change the
property owners share of a street to 40 feet instead of 60 feet.
Councilman Russell inquired if the property owners would be notified.
00 City'Attorney March and City Manager Brunton stated the property owner _
00 would have to take positive action on this ordinance.
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r.' C_Quncilman Russell made a motion, seconded by Councilwoman Reeves, to adopt
Ordinance No. 14, 1974 on first reading. Yeas: Council members Bowling,
Fead, Gray, Preble, Reeves and Russell. Nays: None.
Ordinance adopted on second reading rezoning property
by Thelma Johnson
Councilman Bowling, made a motion, seconded by Councilman Fead, to adopt
Ordinance No. 11, 1974 on second reading. Yeas: Council members
Bowling, Fead, Gray,_Preble, Reeves and Russell. Nays: None.
' ORDINANCE NO.11 , 1974
BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING
CLASSIFICATION FOR CERTAIN PROPERTY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
That the zoning district map of the City of Fort
Collins, Colorado, adopted by the zoning ordinance of the
City of Fort Collins, is hereby amended by changing the
zoning classification from R-L, Low Density Residential
District and R-M, Medium Density Residential District to
RMP, Planned Medium Density Residential District for the
following described property in the City, to -wit:
A tract of land situated in the Northeast Quarter
of Section 16, Township 7 North, Range 69 West
of the Sixth P.M., City of Fort Collins, County
of Larimer, State of Colorado., which, considering
the East line of said Section 16 as bearing N 00°32'
W and with all bearings contained herein relative
' thereto, is contained within the boundary lines
which begin at a point which bears N 00032' W
510.22 feet from the East.Quarter Corner of said
Section 16;
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Thence N 00032' W 809.78 feet along the East line
of said Section 16 i:o a point which bears S 000
32' E 1320.0 feet from the Northeast Corner of '
said Section 16;
Thence N 89043130" W 749.0 feet to a point, said
point being the Northeast Corner of the Second
West Elizabeth Street Annexation to the Ci-ty of
Fort Collins;
Thence S 00032' E 660.0 feet;
Thence S 00025' E 270.0 feet;
Thence S 89043130" E 419.8 feet;
Thence N 00032' W 175.0 feet to a point, said
point being on the centerline of Plum Street right-
of-way;
Thence along the centerline of the Plum Street
right-of-way at,a be.aring.of S 89043'30" E 136.38
feet;
Thence along the arc of a 1.00.0 foot radius curve,
the long chord of which bears S 67*57125" E, to
the right 75.98 feet;
Thence along the arc of a 100.0 foot radius curve, ,
thelong chord of which bears S 68121'30" E, to
the left 77.39 feet;
Thence S 89143130" E 55.0 feet to the point of
beginning.
Introduced, considered favorably on first reading, and
ordered published this 21st day of February, A.D. 1974,
and'to be presented for final passage on the 7th day of
March, A.D. 1974.
L 7
• Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of March,
A.D. 1974.
ATTEST:
Ciky"CLc: R
Mayor
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First reading: February 21, 1974 ('Vote: Yeas: 7, Nays: 0)
Second reading: March 7, 1974 (Vote: Yeas: 6, Nays: 0)
Publishing dates: February 26 and March 12, 1974
Attest:
City Clerk
Ordinance adopted on second reading amending the
Code relating to the Water Utilitv
00 Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to
00 adopt.Ordinance No. 12, 1974 on second reading. yeas:: Council
members Bowling, Fead, Gray, treble.; Reeves and Russell. Nays: None..
ORDINANCE NO..12,; 1974
BEING AN ORDINANCE AMENDING ORDINANCE. No. 6,
1974 RELATING TO THE CITY WATER UTILITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
' That Section 1 of Ordinance No. 6, 1974 be and the same
hereby is amended to read as follows:
."Section 1. That Section 112-1 of the Code
of the City of Fort Collins be and the same hereby
is amended by changing the definition of living
unit therein contained to read as follows:
"Living Unit. Living quarters for a
family as herein defined plus the space pro-
vided for rent of sleeping rooms only without
cooking facilities for not exceeding two
roomers. In private residences where space
is arranged to be rented to more than two
roomers, space for each four or less additional
roomers'shall be considered as an additional
living unit. For the purpose of the foregoing,
a family shall be construed to mean two or
more persons related by blood or marriage. In
the event a residence is not occupied by a
family, then a single living unit shall be
construed to be no more than five persons not
related by blood or marriage, whether roomers
' or otherwise, and the space for each four or
less additional residents shall be considered
as an additional living unit."
136
Introduced, considered favorably on first reading and
ordered published this 21st day of February, A.D. 1974, and
to be presented for final passage on the 7th day of March, A.D.
1974.
ATTEST:
City Clerk
1974.
Mayor
Passed and adopted on final reading this 7th day of March, A.D.
Mayor
ATTEST:
City Clerk
Ordinance adopted nn Second Reading amending the
Code relating to the Electric Utility
Councilman Bowling made a motion, seconded by Councilman Russell. that
Ordinance No, 13, 1974 be adopted on second -reading. Yeas: Council
members Bowling, Fead, Gray, Preble,'Reeves and Russell. Nays: None.
ORDINANCE NO. 13 , 1974
BEING AN ORDINANCE AMENDING SECTION 112-18 OF THE CODE
OF THE CITY OF FORT RELATING TO RATES FOR CUSTOMERS OF
THE CITY ELECTRIC UTILITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Section 112-18A (8) (a) of the Code of the City of Fort Collins
be and the same hereby is amended to read as follows:
"A family unit is defined as living quarters for a family
as herein defined plus the space provided for rent of
sleeping rooms only without cooking facilities for not
exceeding two roomers. In private residences where space
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is arranged to be rented to more than two roomers, space
for each four or less additional roomers shall be con—
sidered as an additional family unit. For the purpose of .
the foregoing, a family shall be construed to mean two or
more persons related by blood or marriage. In the event
a residence is not occupied by a family, then a single
family unit shall be construed to be no more than five
persons not related by blood or marriage, whether roomers
or otherwise, and the space for each four or less additional
residents shall be considered as an additional family unit."
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Introduced, considered favorably on first reading and ordered
published this 21st day of February, A.D. 1974,.and to be presented for
final passage on the 7th day of March, A.D. 1974.
u
Mayor
ATTEST:
G
City Clerk
Passed and adopted on final reading this 7th day of March, A.D. 1974.
Mayor
ATTEST:
City Clerk
First reading: February 21, 1974 (Vote: Yeas: 7, Nays: 0)
Second reading: March 21, 1974 (Vote: Yeas: 6, Nays: 0)
Published: February 26 and March 12, 1974
Attest:
' City Clerk,
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188
Resolution adopted consenting to a resolution dissolving
the Larimer-Weld Regional Planning Commission
Councilman Fead made a motion, seconded by Councilman Bowling, to adopt the '
resolution. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves
and Russell. Nays: None.
RESOLUTION 23-74
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CONSENTING TO A RESOLUTION DISSOLVING THE
LARIMER-WELD REGIONAL PLANNING COMMISSION
WHEREAS, heretofore the Larimer-Weld Regional Planning Com-
mission was duly organized pursuant to Article 2, Chapter 106, Colorado
Revised Statutes, 1963, as amended, and such planning commission has
been operating since September 24, 1969; and
WHEREAS, effective November 28, 1973, the Larimer-Weld Regional
Council of Governments was duly organized, the purposes and functions of
which may overlap the purposes and functions of the Larimer-Weld Regional
Planning Commission; and
WHEREAS, the Executive Committee of the Larimer-Weld Regional
Planning Commission has recommended that such commission be dissolved
effective April 3, 1974, and that the present responsibilities of the I
commission he assumed by the Larimer-Weld Regional Council of Governments;
and
WHEREAS, administrative efficiency will be encouraged if all
the functions of the Larimer-Weld Regional Planning Commission could be
handled through the Larimer-Weld Regional Council of Governments; and
WHEREAS, in order to dissolve the Larimer-Weld Regional Planning
Commission it is required that 2/3 of the commission membership consent
to the dissolution thereof; and
WHEREAS, a resolution dissolving the Larimer-Weld Regional
Planning Commission has been proposed, which resolution is in the following
form, to -wit:
RESOLUTION
DISSOLVING THE LARIMER-WELD REGIONAL PLANNING COMMISSION
WHEREAS, The Larimer-Weld Regional Planning Commission has been
duly organized pursuant to Article 2, Chapter 106 of the 1963 Colorado
Revised Statutes and has been operating as such from and since September 24,
1969; and
WHEREAS, Effective November 28, 1973, the Larimer-Weld Regional
Council of Governments was duly organized, the purposes and functions of I
which may overlap with the purposes and functions of the Larimer-Weld
Regional Planning Commission; and
WHEREAS, Administrative efficiency would be encouraged if all
of the functions of the Larimer-Weld Regional Planning Commission were to
he handled through the Larimer-Weld Regional Cou.:cil of Governments;
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NOW, THEREFORE, Be it resolved that effective April 3, 1974,
the Larimer-Weld Regional Planning Commission be dissolved and cease to
' operate, that all official records, plans and maps be released and trans-
ferred to the Larimer-Weld Regional Council of Governments to be main-
tained as the official documents of the Council of Governments, that all
contractual rights and obligations and all property of any kind belonging
to the Larimer-Weld Regional Planning Commission be transferred to the
Larimer-Weld Regional Council of Governments.
BE IT FURTHER resolved that the Larimer-Weld Regional Council
of Governments be encouraged to appoint an advisory committee substantially
comprised of the present members of the executive committee of the Larimer-
00 Weld'Regional Planning Commission to meet on a regular basis and advise
00 the'Larimer-Weld Regional Council of Governments with respect to all
matters concerning land use planning within the Larimer-Weld region;
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and
WHEREAS, in the opinion of the City Council it is desirable that
the City of Fort Collins consent to the adoption of such resolution dis-
solving the Larimer-Weld Regional Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City of Fort Collins, having duly considered the
resolution dissolving the Larimer-Weld Regional Planning Commission
hereby consents to said resolution and further agrees that the action
dissolving the Larimer-Weld Regional Planning Commission may be done by
means of written consent without a meeting.
Passed and adopted at a regular meeting of the City Council
held this 7th-day of March. A.D. 1974.
ATTEST: Mayor
City Clerk _
Resolution adopted. approving an agreement to be entered into
with Wheeler Realty Company
City Attorney March stated this was the park site on the Brown Farm.
Councilwoman Reeves inquired into the agreement whereby the City would
maintain the bike area. City Manager Brunton stated this was correct.
Councilman Fead made a motion, seconded by Councilman Bowling, to adopt the
' resolution. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves
and Russell. Nays: None.
0
RESOLUTION 24-74
OF THE COUNCIL OF THE CITY OF FORT COLLINS '
APPROVING AN AGREEMENT TO BE ENTERED INTO
WITH WHEELER REALTY COMPANY
WHEREAS, heretofore the City of Fort Collins negotiated for a
purchase of certain, land from Wheeler Realty Company to be used as a park
site; and ,
WHEREAS, an agreement was arrived at, which agreement has been
reduced to writing and approved by the City Attorney and the City Manager,
and the City Council now desires to approve said agreement and authorize
the signing of the same.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the terms and conditions of the proposed agreement with
Wheeler Realty Company for the purchase of a tract of land 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 7th day of March, A.D. 1974.
Mayor
ATTEST:
' ' City Clark
Resolution adopted accepting the Improvements in
Street Improvement District 67
Director of Community Development, Roy A. Dingman, stated this was an unusual
District; a departure from normal procedures because of physical problems and
cost considerations; a narrowerstreet than standard -had been approved for
the area. Mr,. Bingman reviewed the City's cost and the time the assessments
can be made.
Councilwoman Reeves requested that bi-lingual cover letters be sent with
the notice.
Councilman Russell made a motion, seconded by Councilwoman Reeves, to adopt '
the resolution. Yeas: Council members Bowling, Fead, Gray, Preble,
Reeves and Russell. Nays: None.
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' - RESOLUTION 25-74
OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPT-
ING THE IMPROVEMENTS IN STREET IMPROVEMENT DISTRICT
NO. 67 ADOPTING THE REPORT OF THE CITY ENGINEER
RESPECTING THE COST OF THE IMPROVEMENTS IN SAID
DISTRICT AND THE SCHEDULE OF ASSESSMENTS AND
ORDERING NOTICE TO BE PUBLISHED BY THE CITY CLERK
OF THE ASSESSMENTS TO BE MADE IN SAID DISTRICT,
ALL IN ACCORDANCE WITH THE ORDINANCES OF THE CITY
OD
C)
WHEREAS, the City Engineer has.reported to the City
G Council that the improvements in Street Improvement District
No. 67 have been completed and has recommended that the same
be accepted, and
WHEREAS, the City Engineer has prepared a statement
showing the whole cost of the improvements in said District
and has further prepared an assessment roll, and
WHEREAS, the City Council has reviewed such reports and
desires to accept the same and advertise and give notice of
assessment in accordance with the Ordinances of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS, that the report of the City Engineer
regarding the completion of the improvements in Street
Improvement District No. 67, be and the same hereby is
accepted and the improvements in said district are hereby
accepted by the City Council, and
BE IT FURTHER RESOLVED that the report of the City
Engineer regarding the whole cost of the improvements and
' the assessment roll be and the same hereby are accepted and
the City Clerk is directed to notify the owners of property
to be assessed and all persons interested generally that
such improvements have been completed and accepted. Such
1142
notice shall be made as required by the ordinances of the
City. '
Passed and adopted at a regular meeting of the City
Council held this 7th day of March, A.D. 1974.
`loll/'
Mayor
ATTEST:
Ci-ty Clerk
TO: THE PROPERTY OWNERS IN STREET IMPROVEMENT DISTRICT
NO. 67, AND TO ALL PERSONS INTERESTED GENERALLY,
OF THE COMPLETION AND ACCEPTANCE OF THE IMPROVEMENTS
IN SAID DISTRICT, THE TOTAL COST THEREOF, THE
ASSESSMENTS TO BE MADE ON PROPERTY WITHIN SAID
DISTRICT TO PAY THE COST OF SAID IMPROVEMENTS, AND
THE DATE OF HEARING ON ANY OBJECTIONS THAT MAY BE
MADE IN WRITING BY OWNERS OF SUCH PROPERTY. '
Notice is hereby given to the owners of property to be
assessed'within the limits of Street Improvement District
No. 67, and to all persons interested generally, that the
improvements in said district have been completed and accepted.
Notice is further given that the whole cost of said
improvements, including the cost of collection, legal,
advertising, engineering, financing and other incidentals is
$71,940.55; that the portion of said cost to be paid by the
City is $21,300.08; that the assessment roll showing the
share apportioned to each lot or tract of land in the District
is on file in the City Clerk's office and can be seen and
examined at any time during normal business hours; and that '
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any complaints or objections which may be made in writing by
' the owner or owners of property in the District and filed in
the office of the City Clerk within 30 days from the publica-
tion of this notice will be heard and determined by the
Council before the passage of any ordinance assessing the
cost of such improvements; and that on Thursday, April 18,
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x 11974, at the hour of 6:30 o'clock P.M. or as soon thereafter
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Q*� as the matter may come on for hearing in the Council chambers
Q of the City Hall, City of Fort Collins, Colorado, the City
Council will hear such complaints and objections and deter-
mine the same and act upon an ordinance assessing the cost
of such improvments.
Dated at Fort Collins, Colorado this 7th day of March,
A.D. 1974.
City Clerk
Resolution adopted repealing a resolution adopted January
17, 1974 establishing General Improvement District No 67
Councilman Bowling made a motion, seconded by Councilwoman Gray, to adopt
the resolution. Yeas: Council members Bowling, Fead, Gray, Preble,
Reeves and Russell. Nays: None.
26-74
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING A RESOLUTION ADOPTED JANUARY 17, 1974
ESTABLISHING GENERAL IMPROVEMENT DISTRICT NO. 69
' WHEREAS, heretofore on January 17, 1974, the City Council by
resolution accepted a recommendation from the Director of Public Works
regarding the initiation of a special improvement district to be known
as General Improvement District No. 69 and directed the City Engineer to
prepare and present to the City Council the necessary information for the
formation of said district; and
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WHEREAS, the City Engineer has reported that the district, as
originally proposed to be formed, appears not to be feasible and the City '
Council therefore desires to repeal said resolution,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the resolution heretofore adopted by the City Council
on January 17, 1974, initiating the formation of General Improvement
District No. 69 be, and the same hereby is, repealed.
Passed and adopted at a regular meeting of the City Council held
this 7th day of March, A.D. 1974.
Mayor
ATTEST:
City Clerk
Resolution adopted accepting a recommendation fromthe
Director of Public Works regarding the initiation of a '
Special Improvement District
Director of Community Development, Roy A. Bingman, reviewed all of the
improvement districts. Mr. Bingman stated in review of this, there was
one additional section along the, east side of Lemay from Stuart Street
south to Dartmouth Trail. This property was wider one ownership of
International Investments; they had been contacted and are interested in
joining the district.
Councilman Russell made a motion, seconded by Councilwoman Reeves, to amend
the resolution by adding after the words Prospect Street, "and on the east
side from Stuart Street to Dartmouth Trail". Yeas: Council. members
Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None.
City Manager Brunton stated Roy Bingman and .Don Parsons deserved a lot
of credit for working unusually long hours to try to put many projects
together. He wanted to call to the attention of the Council that the
City is above budget on these projects.
Councilman Bowling made a motion, seconded by Coun,-m cilwoan Reeves, to
adopt the resolution as amended. Yeas: Council members Bowling, Fead,
Gray, Preble, Reeves and Russell. Nays: None.
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RESOLUTION 27-74
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 DISTRICP
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QWHEREAS, 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 streets 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 streets, increase the safety for persons
using said streets, decrease the required maintenance on
said streets, and provide better lighting on such streets.
Section 3. The location of the improvements to be made
is as follows: street improvements.to be installed on
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Riverside Drive from Prospect Street to Mulberry Street, on
Lemay Avenue from Elizabeth Street to Riverside Drive and
and on the East side from Stuart Street to Dartmouth Trail
from Stuart Street to Prospect Street/, and on Prospect
Street from Lemay Avenue.to Timberline Road.
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
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. 69.
Passed and adopted at a regular meeting of the City
Council held this 7th day of March, 1974.
Mayor
ATTEST:
7
CiLy Clerk /
Councilwoman Gray made a motion, seconded by Councilman Fead, to refer the
matter back to the City Attorney for another resolution approving the City
Engineers report and proceeding further with the District. Yeas: Council -
members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None.
v'4 T
Councilman Fead stated he was somewhat concerned about this set of
improvement districts, inasmuch as the district had been split because
the City was going to exceed the allowable assessments against some property
and at some stage he would like to see a report on any of the properties
that are indeed going to be assessed more than half their real value by
' the continuation of improvement districts.
':Councilman Gray Fead made a motion, seconded by Councilwoman Gray, to
adopt the'resolution. Yeas: Council members Bowling, Fead,. Gray,
Preble, Reeves and Russell. Nays: None.
JC 28-74
OC
Qj RESOLUTION Adopted
cz� , OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPT-
ING A RECOMMENDATION FROM THE DIRECTOR OF PUBLIC
WORKS REGARDING TILE 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 Citv 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 installation of storm sewer lines, and
that such improvements are needed in order to provide storm
147
Section 3. The location of the improvements to be made
is as follows: within the District., the boundaries of the
same being described as follows:
A tract of land, situated in Section 18,
'
Township 7 North, Range 68 West, of the 6th P.M.,
City of Fort Collins, County of Larimer, State of
Colorado, which considering the West line of said
Section 18 as bearing North and South and with all
bearings contained herein relative thereto, is
contained within the boundary lines which begin at
a point on the South line of said Section 18 which
bears East 553.01 feet from the South 1/4 corner .
of said Section 18, said point also being on the
centerline of La Plata Avenue Right-of-way;
Thence North 384.7 feet;
Thence West 315.0 feet to the Centerline of
Pikes Peak Avenue Right -of• -Way;
Thence South 171.87 feet to the Centerline of
East Lake Street Right-of-way;
Thence along the arc of a 301.37 foot radius
curve to the right a distance of 156.60 feet along
the long chord of which bears N 69°39'24" W 152.24
feet;
Thence along the arc of a 241.37 foot radius
curve to the left a distance of 147.33 feet the
long chord of which bears N 72130148" w 145.05
feet;
Thence West 78.5 feet to the centerline of
'
Longs Peak Drive Right-of-way;
Thence North 176.3 feet;
Thence West 180.0 feet to the Northwest
corner of lot 19 of the Prospect Estates Subdivi-
sion;
Thence North 144.82 feet to the Southwest
corner of lot 21 of the Prospect Estates Subdivision;
Thence West 180.0 feet to the centerline of
the Meeker Drive Right-of-way;
Thence South 47.78 .feet;
Thence West 180.14 feet to the Southwest
corner of lot 6 of the Prospect Estates Subdivision;
Thence North 322.34 feet to the Southeast
corner of lot 146 of Highlander Heights 7th Subdivision;
Thence N 84*25' West 139.97 feet along the
South property line of said lot 146 to the center-
line of Alford Street Right-of-way;
Thence along the arc of a 110.0 foot radius
curve to the left a distance of 8.96 feet-, the
long chord of which bears N 02023' E 8.92 feet;
Thence North 178.43 feet;
Thence S 86057'40" W 149.64 feet to the
Southwest corner of lot 153 of Highlander Heights ,
7th Subdivision;
148
1,419
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Thence N 13106' W 61.71 feet to the Southeast.
corner of lot 52 of Highlander Heights lst Subdivision;
Thence S 61*31' W 151.11 feet to the center-
line of the Emigh Street Right -of -way; -
Thence North 13*06117" W 75.25 feet;
Thence S 76°53'43" W 30.00 feet to the East
property line of lot 26 of Highlander Heights lst
Subdivision;
Thence along the arc of a 15.0 foot radius
curve to the left a distance of 24.14 feet, the
long chord of which bears N 59112'17" West 21.62
feet;
Thence N 15018'17" W 30.0 feet to the center-
line of the Pitkin Street Right-of-way.
Thence along the arc of a 540.61 foot radius
curve to the right a distance of 139.85 feet, the
long chord of which bears S 82106'20" W 139.45
feet to a point said point bearing S 00129' E
140.00 feet from the Northeast corner of the
Southwest 1/4 of the Southwest 1/4 of said Section
18;
Thence S 89031' W 1264.30 feet to the West
line of said Section 18, said West line also being
the center line of the Lemay Street Right--of-way;
Thence North along said West line 1459.6 feet
to the West 1/4 corner of said Section 18;
. Thence North along said West line 1334.12
feet to a point, said point being the intersection
of said West line with the existing City Limits
Line along the Northeast side of Riverside Drive;
Thence South 49024' East 369.5 feet along
said City Limits Line;
Thence along the arc of a 1121.00 foot radius
curve to the left a distance of.314.84 feet, the
long chord of which bears S 57°26'45" E 313.80
feet, along said City Limits Line;
Thence along the arc bf a 741.30 foot radius
curve to the right a distance of 214.75 feet, the
long chord of which bears S 57111'30" East 214.00
feet along said City Limits Line;
Thence South 61032' East 2095.17 feet to a
point, said point being the most westerly Northwest
corner -of the lst Lemay Annexation to the City of
Fort Collins and the most Northerly Northeast
corner of the East Prospect Street lst Annexation
to the City of Fort Collins;
Thence South 61132'20" East 730.24 feet along
the existing City Limits Line;
Thence along the arc of a 1587.28 feet radius
curve to the right a distance of 1703.30 feet, the
1d0
long chord of which bears South 30047150" East
1622.71 feet, along said City Limits Line;
Thence South 00003'20" East 680.43 feet to
the South line of said Section 18, this point
bears West 1183.40 feet from the Southeast corner
of said Section 18;
Thence West along said South line 918.00 feet
to the point of beginning.
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
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
Storm Sewer Improvement District No.15
Passed and adopted at a regular meeting of the City
Council held this 7th day of March, 1974.
Mayor
ATTEST;
.l.L
City Clerk
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1,5.4
Councilwoman Gray made a motion, seconded by Councilman Fead, to refer the
' matter back to the City Attorney for another resolution approving the
City Engineer's report and proceeding further with the District. Yeas:
Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays:
None.
Resolution adopted accepting a recommendation from
the Director of Public Works regarding the initiation
of a Special Improvement District
go
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00
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1
Councilman Russell made a motion, seconded by Councilwoman Reeves, to adopt
the resolution. Yeas: Council members Bowling, Fead, Gray, Preble,
Reeves and Russell. Nays: None.
.RESOLUTION 29-74
OF THE COUNCIL OF THE CIT`1 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 installation -of water lines to provide
water service from the City water utility to properties in ,
the .District.
Section 3. The location of the improvements to be made
is as follows: water lines to be installed in Riverside
Drive from Lemay Avenue to Prospect Street.
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 '
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
Water Main Improvement District No. 6.
Passed and adopted at a regular meeting of the City
Council held this 7th day of March, 1974.
Mayor
ATTEST:
/ ✓[ /f.On , �i� .tom
City Clerk
152
Councilman Fead made a. motion, seconded by Councilman Russell,.to.refer
the matter back to the City Attorney for another resolution approving
the City Engineer's report and proceeding further with the District.
Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell.
Nays: None.
Public hearing on Open Space Plan scheduled for March 21. 1974
City Yanager Brunton stated the recommendation of the Administration was
to establish the meeting of March 21, 1974 as the official Public Hearing
pp night.'
JO
UC Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to estab-
afish March 21, 1974 as the public hearing on the Open Space Plan. Yeas:
Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays:
None.
Ordinance authorized on .City Participation in Oversize
Water and Sewer Lines
City Manager Brunton stated there had been a series of meetings with the
Contractor's Association and he felt the City was in a mach more favorable
position because of savings-, to the City.
' W. Jan Scarboro, Executive Manager for the Associated Contractors stated
they felt this was an equitable way for the developers to pay their fair
share of growth. They did request that any increase be reviewed annually.
Councilman Bowling made a motion, seconded by.Councilman Fead, to refer
the matter to the City Attorney for ordinance preparation. Yeas:
Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays:
None.
..............
Report on Police Department Fleet Plan accepted
City Manager Brunton stated at the time the fleet plan was adopted, the
Administration had presented suggested rules and regulations. The question
had been raised as to who was to pay for the gasoline; Chief Smith had.taken
the suggested rules and regulations to the department and there were two
changes recommended in the rules.
The changes were in Rule 8 "if the car is left to be used in an emergency
and driven back by someone else, that it be checked for damage prior to it
being returned to the officer to whom it is assigned." In Rule 9, the
officers requested that "gross negligence "be spelled out, and they agreed
to abide by the Police Accident Review Board's findings.
Councilman Russell made a motion, seconded by Councilman Bowling, to adopt
' the plan with the recommended changes. Yeas: Council members Bowling,
Fead, Gray, Preble, Reeves and Russell. Nays: None.
153
F54
Progress report:on implementation of. Consultants Police,
Department Reorganization Study accepted
City Manager Brunton stated Council had requested period reports on the
implementation of the study; this is the first of these reports.
Councilman Fead made a motion, seconded by Councilman Russell, to'accept
the report as a progress report. Ycas: Council members Bowling, Fead,
Gray, Preble, Reeves and Russell. Nays: None. (Report in Central Files)
Report on Police and Community (Mexican -American) relations
_ accepted
City Manager Brunton stated Council had a copy of the report along with the
news media; he read the following:
The functions of city government break into two principal parts --to govern
and to provide services.Of all departments of city government, the Police
are the most highly visible, have the most citizen contacts, and are the
most sensitive to government -citizen relations. Some persons see the police
as part of the governing arm of the city; some sec it as part of the service
arm. In fact, it is both. Most of the time, the police operate in a
service mode, are able to and should be friendly, helpful, neighborly and of
service to all citizens. However, there is really no friendly way to arrest
a person, and people being arrested do not usually feel that: they are being
served by the police. No amount of rapport will make a person being arrested
and charged with a crime enjoy it. The best the police can do is to use
good judgment, be even-he4ded, and fair.
Police -community relations is a two-way street-•-iL involves citizens supporting
police as well as police supporting citizens. No police department of whatever
size, for example, can enforce law and order in a community if citizens do
not want law and order enforced.
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154
15'-5
The recommendation was that the Council request the ftman Relations
' Commission to work with the City on the implementation of some of the
programs outlined in the report. Councilman Russell requested a response
from the Chief of Police on the questions he had raised in open Council
meeting.
Chief_Smith read.the following: 5: i .:::-........
O1. Question: Statement of Lt. Davis - relating to specific problems
concerning Police and Mexican -Americans.
Answer: On Monday morning following
the
Lt. Clarence Davis came tome very upset �about the on of aarticleviewand,
said that he had been misquoted. He said that his statement was
that there were NO specific problems concerning Mexican -Americans.
This was brought out by the Triangle Review when they printed a
retraction in their February 14th issue.
N2. Question: Identify failure of the department's command to recognize these
problems.
Answer: The Administration of the Police Department has listened to every
' complaint that has been brought to the department. Each complaint
has been handled on an individual basis and has been thoroughly
investigated.
N3. Question: A report on dead storage and dog ordinances - violations.
Answer: a). Our records on Dead Storage only go back to November 1, 1973, From November 1, 1973, until January 31., 1974, 210 vehicles have
been marked - citywide - for Dead Storage. .Only 14 vehicles from
the -entire city have been towed. Of those towed, none were from
Buckingham and none were from the area north of LaPorte and west
Of College Avenue. Cadet Gilbert Tellez has been handling this
Particular function and he makes every effort to find the owner
prior to towing the vehicle.
1
b). In 1973 a total of 478 Summonses were issued to people through-
out the city of Fort Collins for allowing their dogs to run at large. Of this 478 - 14 Summonses were issued to people with
Spanish surnames. For the same period - 271 warnings were issued
and of that number - 18 were issued to Spanish surname people.
155
1,156
#4. Question: Interrogation procedure of all juveniles.
Answer: First let me say that the Juvenile Bureau does not interrogate'
juveniles - it does interview them.
No statements or admissions of a child, made as a result of ar,
interview of a child by a law enforcement official, concerning
acts which would constitute a crime, if committed by an adult,
shall be admissable in evidence, unless a parent, guardian or
legal custodian of the child was present at such interview, and
the child and his parent, guardian or legal custodian were adv-.*sed
of the child's rights to remain silent, that any statements made
may be used against him in a court of law, the right to the presenc
of an attorney during such interview. and the right to have counsel
appointed, if so requested, at the time of the interview.
The Juvenile Bureau often interviews juveniles without parents, or
legal counsel present: i.e., juvenile officers are often called to
a school to assist school officials, have often interviewed
witnesses to crimes, or friends of suspects, and the juvenile
officers have also talked with suspects or subjects of a crime
knowing that the information gained would not be used in court
against the child. The juvenile officers of the Fort Collins
Police Department deal with a child with his or her best interests
in mind, and determine what is best for that child. The Colorado
Juvenile Code gives him that authority.
Mr. Russell's question, "Is it true a different standard of '
questioning is used on juveniles?"
Yes, Juveniles have the right to have a parent, guardian, or
legal counsel with them during interviews where the information
would be used in court. An adult is allowed to waive the above
rights, a juvenile cannot.
Note: See attached copy of letter from Edwin L. Felter, Jr.
Deputy State Public Defender.
#5. Question: A 3 year report on recruitment on Mexican -Americans - and case
history on each applicant. .
156
I!
Answer: Since I have been Police Chief here in Fort Collins, we have
had
three Mexican -American officers who are no longer associated
With the department.
They are as follows:
1. Henry Chavez who was hired as a Dog Warden 12/31/63 - he
transferred to the Patrol Division 9/18/67 and resigned
from
the department on 10/22/67. He cited peer pressure as
his reason for resigning.
N5. Answer: (continued)
2. The second officer was Lou Ruybal - he was hired as
a Police Dispatcher on 1/2/69. He was transferred to
Patrol 1/13/69. He resigned from the department on 9/15/69.
p
He advised when he left that he was going back to school to
further his education so that he could become a Social worker.
He advised that he did not feel right about incarcerating
people and that he thought that he could do more good for
humanity as a Social worker.
3.. Third person to be hired by the department was David R.
Maestas. He was hired as a patrolman 7/29/70 and he resigned fi
the department on 1/10/73. He resigned for personal reasons.
The City's Personnel Department, under the Supervision of Assistant
'
City Manager, Mike DiTullio, has been working very closely with
members of the Police Department to develop ways and means by which
minority people can be recruited as police people.
In 1970, Mr. DiTullio, Fire Chief Ed Yonker and myself made a three
day trip to the southern part of the State in an effort to entice
Mexican -Americans to apply for the job of patrolmen and firemen in
Fort Collins. Several were interested and took the test - unfortuna•
none passed the test. As a result of our failure to recruit
minorities we completely changed our testing procedures. WE
eliminated the standard entrance test that included math and english
questions. We changed to a simple logic exam that would be free of
cultural bias. We are advertising in many papers and radio stations
throughout Colorado, both in English and in Spanish.
Many of my officers are recruiting minorities on an individual Lasis
We created the Cadet Program with one of the goals being the recruit
ment of minorities. The Cadet Program was continued only through my
my insistence, because I saw it as the most likely vehicle for
minority recruitment. .
For further information on recruiting and minorities within the
city structure - see Mr. Mike DiTullio's report. (Attached)
#6. Question: Training procedures for existing policemen involving all minorities.
Answer: Every officer on the department has had basic training which consist!
of five weeks intensive training at the Colorado Law Enforcement
Training Academy which is located at Camp George West, Golden,
Colorado. As a part of that training, he receives several hours
on Police and Community relations which is usually taught by a
Police and Communications Officer from the Denver Police Department.
A &8
#6, Answer: (Continued)
Approximately two years ago every officer on Patrol attended
an orientation course taught by Councilman William Lopez on the
Mexican -American culture. Approximately eight officers from this
department attended a three months course on Mexican -American
culture taught by a Professor from Colorado State University.
Several officers are taking a conversational Spanish class throug'r
the Continuing Education Department of Poudre R-1.
In January of '74 seven officers from this department attended a
workshop entitled "Family Crisis Intervention". In '73 approxima-
25 officers from the department attended a sixteen hour class in
Human Relations taught by Dispatcher Gerald Thomas.
Dispatcher Jerry Thomas has taught several officers conversationa'
Spanish. He is presently attending Colorado State University, to
obtain his teaching degree. Since he is completely bilingual, he
will be able to teach other officers conversational Spanish.
Within the Police Department, hopefully, efficiency is a culminati
of effective training. The training process is an ongoing one and
starts prior to the officer being appointed officially to the fore
The candidate is subjected to a psychological evaluation within
the entrance testing procedure. This is -a role playing situation
that tests the applicants ability to deal with stress ar.d hum
emotional situations. Upon the successful completion of the
entrance exam, the newly hired officer undergoes several mon
of intensive training. Most of our training is geared toward
handling any problem throughout the community.
As a result of the conference on Police and Community Relations, ar.
as a result of the Pomeroy Report, several changes in procedures
have taken place, some of these changes are:
1.' On all traffic tickets, we have changed the initial on
nationality from M for Mexican to A for American.
2. We stopped wearing helmets because we learned that the Mexican• -
Americans felt intimidated by them.
3. We developed and initiated a point system for personal
recognizance bond. Practically everyone can meet the require-
ments.
4. Developed a complaint system and complaint form that has been
used for several years.
5. We have eliminated the gun display from our police booth
because the Mexican -American people advised that they were
intimidated by the display.
6. We removed the brass from our uniforms so that we wouldn't
appear so military. I
158
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#6. Answer: (Continued)
I believe that by initiating the above items, we have not only
improved our relations with the Mexican -American Community, we
have also made all Fort Collins' Police Officers more sensitive
to the feelings, needs and desires of the Mexican -American
Community. Thus, it has been a learning and training process for
all officers.
As.a result of the study done by Cresap, McCormick and Paget, an
Administrative Aide was added to my Staff. One of his responsibi-
lities is to study and implement ways of strengthening Police and
Community relations. He is in the process of doing that now.
The Rocky Mountain Institute on Police and Community Relations was
started here in 1966 by former Police Chief Roy Holliday, the
Office of Conference of Conference Services of Colorado State
University and the National Conference of Christians and Jews in
Denver. Every year since it's inception the Fort Collins Police
Department has been actively involved in the annual conference.
I served on the Board of Directors of this organization for six
years and had an active part in developing the format of each
conference. Councilman William Lopez, as wll as several of
my officers, have served on the Planning Committee each year.
The Conference for 1974 has been moved to Metro College in Denver
and the Executive Secretary and his Committee decided that Fort
Collins would not be a participant city, since other cities in
.the State had so many more problems than Fort Collins regarding
Police and Community Relations.
V. Question: Determine by comparison with other cities the value of Police
sponsored programs to better acquaint Mexican -Americans with
Police.
Answer: I have contacted the following departments in the metropolitan
area: Boulder Police Department, Denver Police Department,
Arvada Police Department, -Aurora Police Department and
Littleton Police Department.
Of these five, only Denver sponsors an athletic league for the
youth of that city. Members of the Denver Police Department will
be in Longmont on Tuesday, 2/19/74, to explain their Police
Athletic League to members of the Longmont Police Department. I
will have a representative from this department attend that
meeting to see if it is feasible for us to become involved in a
similar program.
Several of my officers have been involved as coaches in the Little
League Football Program, but we have not had a department sponsorec
program' per se.
159
V. Answer:
(Continued)
I do not feel as if we can successfully sponsor a Police Athl ,
League with our existing personnel. In order to have a full
commitment for such a program, I sincerely feel that additional
personnel will have to be added to the department with a definite
assignment in that area.
#8. Question:
A,specific account of brutality.
Answer:
In 1973 we had approximately 14 complaints against officers within
the department. The bulk of these were for lack of tact - the
only complaint having to do with undo force came from an incident
from outside the city when we were assisting the Sheriff's depart-
ment. This complaint was in reference to the use of mace which
we feel is much more humane than any other method. I have not
received any complaint regarding brutality.
#9. Question:
Interpretation of lack of leadership - as quoted by Lopez, and
why the Chief does not get feedback, therefore does not understand
the situation - a definite statement, from Chief Smith concerning
the recent reorganization.
Answer:
I have not been aware of any lack of feedback from my officer r
from complaints. I have been made aware of every complaint gh
against my officers and have been a part of each investigatio
I have been made aware of the final outcome of each complaint and
in one incident, I personally sent a letter of apology to the
person offended.
I am in complete agreement with the reorganization as presented by
Cresap, McCormick and Paget. Practically all of the recommendatioi
by the consultants have already been put into effect and those tha
have not been put into effect will be, as soon as manpower is
available. I have no quarrel with the reorganization whatsoever.
#10. Question:
Is this area mentioned by Welfare Rights included in beat system -
and frequency of patrol, as compared with other areas.
Answer:
According to the Welfare Rights spokesman, we have stepped up our
patrol in Andersonville. Since Andersonville is not in the city
limits, we do not patrol it at all.
Since the streets were paved in Buckingham, and since we started
keeping records
on dead storage vehicles in November, we have not
marked one vehicle for dead storage in that area. Neither have we
issued
any tickets for dead storage nor towed any cars from that
area.
I do not feel as if our patrol has increased or decrea
in the Buckingham area.
ibD
#11. Question: .Before issuing ticket for dead storage, explain procedure of
notification (if any).
Answer: Since November, all dead storage has been handled by Cadet Gilber
Tellez. Cadet Tellez marks the vehicle with chalk and usually
at that time attempts to contact the owner to advise him that the
vehicle has been marked for dead storage. At that time, he place:
a high visibility red sticker on the car, which reads, in large
letters, POLICE TOW, and in smaller print "warning - this vehicle
wilt be towed in three days from the below listed date in
accordance with the Abandoned Car Ordinance of the City of Fort
Collins". Before the car is towed, Cadet Tellez tries by phone,
by personal contact and by letter to reach the owner to advise hir
that the car will be towed. In other words, every effort is made
to contact the owner prior to towing.
#12. Question: Explain street interrogations - as compared to other areas.
Answer: Street interrogations can be made at any time regarding practical
any situation. These are ordinarily not of an extended nature, bi
tie have the right to talk to people without advising them of their
rights - provided they are not a suspect of any crime. This type
of interrogation could comes as a warning - that is for center
parking, noises, disturbances or any other type of contact. Once
a person becomes suspect of a crime, no interrogation is carried
out until such time as the suspect has been read his rights as
required by the MIRANDA decision.
#13. Question: Is it true that a different standard of questioning is used for
. juveniles?
Answer: Previously answered. (See #4)
#14.. Question: A specific case must be requested, and personal letter of appearar
presented to show cause for "distrust of department".
Answer: I am unable to respond to this statement.
#15. Question: Proposed meeting - Dan Eychner and Welfare Rights - attended by
members of Council and Human Rights Commission.
Answer: This meeting will be held at 7:30 p.m.on 2/17/74 and the Welfare
Rights Group has said emphatically that they do not want members
of the Council or the Human Rights in attendance. They feel as
if attendance by outside groups would defeat the purpose of the
meeting. We have already been criticized for talking to these
people. We have been told by other members of the Mexican -America
161
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#15. Answer: .(Continued)
1
Community that these people do not represent them. We are
constantly hit by this criticism and we are at a loss to know who
speaks for the Mexican -American Community.
#16. Question: I want a statement from those officers quoted by Mr. Lopez -
concerning their mistrust of the Criminal Justice System.
Answer: Since I do not know who these officers are, I cannot obtain such
statements.
Council members inquired into meetings held after this report was provided.
Councilman Russell stated he would like to make a statement on the report:
"I feel that the City has had an opportunity to interview those who have had
complaints pertaining to the method of operation of. our Police Department.
The Police Department has had an opportunity to respond; the Administration,
along with others, have had the responsibility of weighing the evidence
presented and.reporting a conclusion to the Council. I feel that no
injustice is being done to any segment of this Community; I recognize, however,
that we do not have a perfect Police Department nor any other department
in the City, nor do we have a perfect Council, I feel that judgement errors
have occurred in all departments of City government, and in my very best
judgement, I fail to find deliberate intrusions directed to the Mexican -
American of this Community."
Chief Smith stated he felt optimistic about moving ahead in this program.
Councilman Bowling inquired into the success of the recruitment program,
Chief Smith responded and the Manager stated copies of the report would be
available in the City Clerk's office, the Manager's office and Police
Department.
Councilwoman Reeves requested that Personnel from the Parks and Recreation
Department attend the meeting with the Human Relations Commission.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to accept
the report. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves
and Russell. Nays: None.
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Changes in standards'for Arterial Street widths approved
City Manager Brunton stated.the staff had spent considerable time in this
item, and is germain to the Special Assessment projects.
Director of Community Development, Roy A. Bingman, stated this was con-
sidered in relation to the improvement districts, also with various devel-
opers as to the treatment of arterial streets and the tie-in of bike paths;
the whole question of street widths has come up. The present standard
for arterial streets is for 80' pavement on 100 right-of-way. The 80'
street can accommodate the following street configuration:
1. Three travel lanes in each direction separated by a median.
2. Two travel lanes, a median and an 8foot parking lane.
3. Three travel lanes in each direction and parking on each side.
l+ir. Bingman stated there were three problems, (1) parking, (2) property
_fronting- an arterial street and (3) the traffic carrying capability of
arterial streets. W . Bingman spoke to the areas with varied problems:
Specifically if the City was asking the developer to pay for something that
will not be used. The recommendation is as follows:
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A suggested standard for Arterial and Major Arterial Streets is as follows:.
Arterial Street - 100-foot right-of-way; 60-foot pavement; within the 20-
foot area at each side of the roadway; a 6-foot combination bike -pedestrian
way, combined with landscaping (maintained by adjacent property, or low -maintenance
trees, shrubs and grasses). No parking permitted.
Major Arterial - 100-foot right-of-way; 80-foot pavement; four foot detached
sidewaik l andscaping. No parking.
The justification for the reduction in width for a normal arterial street
is based upon three points: 1. that there is no need for parking lanes on
arterial streets, and 2. there is not sufficient traffic generated within
each square mile of developed area to justify six lanes in those areas, and
3. in many cases it is difficult or very expensive to acquire sufficient
right-of-way to construct the full width arterial street.
Councilman Russell inquired into the comments of the Traffic Engineer, and
Councilman Bowling stated other communities had gone to narrower street
width successfully. Nayor Preble stated she liked the safety factor of
separating the bike paths from the traffic.
Councilman Bowling made a motion, seconded by Councilman Fead, to au.
hor}ze
the Administration to implement this plan on a temporary basis pending the
review of the entire street design system and the necessary ordinance to
revise the same. Yeas: - Council members Bowling, Fead, Gray, Preble,
Reeves and Russell. Nays: None.'' -
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Resolution adopted approving an agreement with Care -A -Van
City Manager Brunton called upon Administrative Assistant, John McGraw, to
summarize the study of this project. Mr. McGraw stated he had met with
Captain McPherson and personally called the persons having questions.
Care -A -Van evaluation sheets were distributed.
Mr. McGraw stated Ms. Mamiko Odegard, a qualified social worker, is
currently employed by Care -A -Van.
Mrs. Barbara Orsmby, Co-owner of Ace Cab Company, spoke against the funding
as -proposed, terming it discriminatory free enterprise.
Mr. Ted James, as the Administrator of the Larimer Community Center Board,
stated that they are the largest purchaser of services from Care -A -Van. Mr.
James stated further he had been a co-founder of Care=A-Van some seven years
ago, and that Mr. Orsmby had been a member of the Board at that time.
City Clerk, Verna Lewis, read at length, the resolution approving the
agreement with Care -A -Van.
Councilwoman Gray made a motion, ^seconded by Councilman Fead, to adopt
the resolution. Yeas: Council members Bowling, Fead, Gray, Preble,
Reeves and Russell. Nays: None.
RESOLUTION 30-74
OF TIME COUNCIL OF T11E CITY OF FORT FORT COLLINS
APPROVING AN AGREEMENT TO BE ENTERED INTO
WITH POUDRE-THOMPSON TRANSPORTATION CORPS,
INC. TO PROVIDE SERVICES TO THE CITY
WHEREAS, heretofore the City of Fort Collins has received from the
Federal Government certain revenue sharing funds, and
WHEREAS, the Council has determined to use a portion of said funds
to develop human resource programs in the City, and
WHEREAS, the Council has heretofore authorized the creation of a
Department of Human Resources in the municipal service of the City, and
WHEREAS, after consideration of the programs which the City Council
desires to implement, it has been determined that it is in the best interest
of the City to contract with other agencies for the implementation of some of
these programs, and
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WHEREAS, a contract has been prepared with Poudre-Thompson Transportation
Corps., Inc. to provide transportation services within this community to elderly,
physically or mentally handicapped and economically deprived citizens of the
City,.and °
WHEREAS, said agreement has been approved by the City Manager and the
City Attorney and the City Council desires to approve such agreement and
authorize its execution.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the terms and conditions of said agreement above referred to be
and the same hereby is 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 7th day of March, 1974.
Mayor
ATTEST:
` City Clerc.
Consideration of Noise Ordinance tabled
City RujAger Brunton stated the Administration was looking for clarification
on whether Council wanted a noise ordinance that is enforced or not; and
if enforced, to what degree? It is estimated that the cost of a moderately
controlled noise program would be $20,000 to $30,000 per year.
Councilman Bowling inquired why this had been presented for Council consider-
ation. Mayor Preble responded that this had been presented by personnel
from CSU. City Attorney March reviewed the present ordinance on disturbing
the peace.
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Councilman Bowling made a motion, seconded by Councilman Fead, to table
this item until the proponents could be present. Yeas: Council members
Bowling, Fead, Gray, Preble and Reeves. Nays: Councilman Russell..
Human Rights Ordinance scheduled for work session March,14 , 1974
City Manager Brunton stated the Chairman of the Hwivan Relations commission
was present; this is an item that has been pending for some time. The
recommendation from the Administration is that this be a subject for the
joint meeting with the Human Relations Commission on March 14, 1974.
Chairman James Baird stated Council had the ordinance that is proposed and
the response to the memorandum from the City Attorney had been sent to
the Council. No further action taken at this time.
Right -of -Way agreement for Sanitary Sewer approved
City Manager Brunton stated this was a technical agreement for a sanitary
sewer line. (Donald B. Wells and Hlery Wilmarth)
Councilman Fead made a motion, seconded by Councilman Russell, to approve
t-he right-of-way agreement. Yeas: Council members Bowling, Fead, Gray,
Preble, Reeves and Russell. Nays: None.
Progress report on Seven year Capital Improvement Program
and Sales Tax
City Manager Brunton stated this was a progress report on the above. The
report was prepared by the City Manager and the Director of DTZ.
Mayor Preble stated she would like to encourage publicity of this report.
Ms. Val Ogden stated they would have additional visual presentations for
the Thursday work session.
Councilwoman Reeves made a motion, seconded by Councilman Bowling, to accept
the report. Yeas: Council members Bowling, Gray, Preble and Reeves.
Nays: None. (Councilmen Fead and Russell out of room).
Report on Youth Center and Centered Board
City Manager, Robert Brunton, stated H.R. Phillips had prepared a report on
this, and this would be discussed at the pre -budget work session in May.
Mayor Preble stated she had inquired what the Larimer Community Centered
Board was, and called on Mr. Ted James to explain the function of the Board.
Mr. James spoke to the funding of programs and scope of projects.
No.further action .taken at this time.
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;:=•1,,;•+s;Pprchase of additional Park and Open Space Land authorized
After meeting in executive session, City Attorney March stated the first item
was a purchase. from Sam and Elvira Aranci for land on Shields Street on
about Drake Road, which the City desires to acquire for open space and
storm drainage retention facilities. A contract has been negotiated for
,the purchase of the property at $290,162.89, which is in line with the
appraisal that the City has for the property. The contract would also
provide for furnishing water, in accordance with City requirements to
satisfy the City water requirements on the balance of the land we are not
acquiring and provides for the reservation of the alfalfa crops for the
year 1974. The seller will use the water for that year and pay the
water assessments.
City Manager Brunton identified the area and stated the City had a grant
.from the federal government on this property from the Bureau of Outdoor
Recreation for $150,000.00
Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to accept
the contract and authorize the purchase. Yeas: Council members Bowling,
Fead, Gray, Preble, Reeves and Russell. Nays: None.
The second item was for purchase of a property located in Shields Street
between Vine and Elm for use as a mini park. A negotiated purchase of the
property eras for $22,177.00 plus assumption of existing assessments
against the property for the improvement of Elm Street which amounts to
approximately $850.00, which would make a total of $23,027.00.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to
authorize the purchase. Yeas: Council members Bowling, Fead, Gray,
Preble, Reeves and Russell. Nays: None. .
City Attorney March stated the final matter was a lease, which has not
been negotiated, but which is hoped to be negotiated for the property
across the street for use by the Police Department; also, there are storage
facilities there, he was requesting permission to enter into a lease for
a year with two year options to renew for rental of $500.00 per month.
Councilwoman Reeves made a motion, seconded by Councilman Russell, to
authorize the ;negotiation and lease. Yeas: Council members Bowling,
Fead, Gray, Preble, Reeves and Russell. Nays: None.
Bids awarded for purchase of radios for Police Department
City Manager Brunton stated with the fleet plan and cars on order, the
City needed additional radios. Assistant City Manager Mike DiTullio spoke
to the purchase of a radio system with the assistance of an LEEA grant for
the Police Department. Proposals had been solicited from the three major
manufactures; with the assistance of the CSU Communications Department,
bids were evaluated and the bid was awarded to Motorola. Only °ptorola
had been contacted for the new radios in order to maintain compatability with
the existing equipment.
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recommended purchase was for 38 Converta Com units, which sell for
$1,444.00 each for an extended price of $54,872.00 and five portable units
to be -used by. the Detective Bureau for a price of $4,700.00 for a gross
dr unt of $59;572.00. Since trade-ins would be considered for the
Ccnverta- Comsy Motorola has given us a trade-in value of $675.00 per unit ,.
=dr- a trade-in value of $9,450.00 for a total of $50,122.00.
City Manager Brunton stated delivery time would be a problem, the target
date for the fleet plan is July 1; the funding for this would possibly
involve the supplying of Revenue Sharing money, but this could not be done
until after October 1st. The transfers would be made from the Water and
.Sewer fund back to the Equipment fund.
Councilman Russell made a motion, seconded by Councilman Fead, to award
the bid to Motorola at the above prices. Yeas: Council members
17ng,--Fead,-Gray, Preble, Reeves and Russell. Nays: None.' .
Bids awarded for Water Meters.
Assistant City Manager, Mike DiTullio, stated bids had been solicited.
The low bidder was Badger Meter Company, and theirs was a new meter to
our system. In order for us to have an adequate inventory of maintenance.
parts, we would have to spend an additional $1,500 to 2,000 for this
requirement.
At this time we believe that the $75 cost differential between the lowest
and second lowest bidder does not justify our spending the large additional
amount+ of money for inventory parts.
Recommendapion: The Administration recommends that the second lowest
i erg, Neptune Meter Company, be awarded the meter contract for 1974.
We will continue to research the market in an attempt to provide the best
price to the City.
Councilman Russell made a motion, seconded by Councilwoman Gray, to award
the bid to Neptune Meter Company. Yeas: Council members Bowling, Fead,
Gray, Preble, Reeves and Russell. Nays: None.
Sole Source bid awarded for Vac -All Unit
Assistant City Manager, Mike DiTullio reviewed the sole source justifi-
cation for this piece of. -equipment for street cleaning purposes.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to
approve the Sole Source purchase of Vac -All unit for $32,691. Yeas:
Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays:
None.
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1
Adjournment
Motion vras made by Councilman Fead, seconded by Councilman Russell, that
the meeting adjourn. Yeas: Council members Bowling, Fead, Gray,
Preble, Reeves -and Russell. Nays: ]None.
PEYOT
AT=:
City erk
169