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HomeMy WebLinkAboutMINUTES-02/03/1976-RegularF gf February 3, 1976 COUNCIL OF CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Regular Meeting - 5:30 P.M. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, February 3, 1976, at 5:30 P.M. in the Council Chambers in the City of Fort Collins City Hall. Mayor Russell called the meeting to order noting the following Councilmembers present: Bowling, Gray, Reeves, Russell .-� and Wilkinson. Absent: Councilmembers Bloom and Suinn. Staff Members Present: Brunton, DiTullio, Bingman, Krempel, Kaplan, Case, Cain and Lewis. Also: City Attorney Arthur E. March, Jr. Minutes of Regular Meeting, of January 20, 1976 Approved As Published Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve the minutes of the regular meeting of January 20, 1976 as published. Yeas: Councilmembers Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. Ordinance Adopted on Second Reading Being a Rate Increase for Electricitv Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 4, 1976 on second reading. Yeas: Councilmembers Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. 51 52, I 'ORDINANCE NO. 4 , 1976 BEING AN ORDINANCE AMEND=SECTION 112-118' OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE CITY ELECTRIC UTILITY AND RATES FOR SERVICES FROM SUCH UTILITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 112-118A(3) of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "(3) Rates. 'Kilowatt' -Hours Charges per Used per'Month Kilowatt -Hour First 35,kiiowatt-hours per month $0.06 Next 40 kilowatt-hours per month ..045 Next 300 kilowatt-hours per month .026 All additional kilowatt -hours -per month .0175" Section 2j That Section 112-118A(4) of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows,: "(4) Minimum charge. The net minimum charge per meter per month shall be two dollars and ten cents ($2.10)." Section 3. Aat Section 112-118B(3) of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: 11(3) Rates. "Kilowatt -Hours;, Used per Month` Charge per Kilowatt -Hour First 50 kilowatt-hours used per month $0.056 Next 100 kilowatt-hours used per month .044 Next 1,350 kilowatt-hours used per month :04 All additional kilowatt-hours.per month 0322" Section 4. That Section 112-118B(4) of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting therefrom the first -sentence of said subsection and by substituting therefor the following: 40f 1 1 1 5.3 "The minimum charge shall be not less than four dollars ($4.00) per month." Section 5. That Section 112-118C(3) of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "(3) Rates. "Kilowatt -Hours Charge per Used per Month Kilowatt -Hour First 40 kilowatt-hours used per C month per kilowatt of demand, but ^ not less than -for first 80 kilowatt- hours used $0.065 •Next 60 kilowatt-hours used per month per kilowatt of demand, but not less than for next 120 kilowatt- hours used . 058 , , . All additional kilowatt-hours used per.month .021" Section 6. That Section 112-118C(4) of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "(4) Minimum charges. "(a) The net monthly minimum charge per kilowatt of demand shall be one dollar and seventy- six cents ($1.76). "(b) The minimum monthly charge shall be not less per meter than four dollars and thirty cents ($4.30)." Section 7. That Section 112-118D(3) of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "(3) Rates. "Kilowatt -Hours . Used per Month Charge per Kilowatt -Hour First 45 kilowatt-hours used per month per kilowatt of billing demand, but not less than,5,625 kilowatt-hours $0.046 Next 45 kilowatt-hours used per month per kilowatt of billing demand, but not less than 5,625 kilowatt-hours .041 Next 500,000 kilowatt-hours used per month .0096 Excess kilowatt-hours .0084" 53 54 Section 8. That Section 112-118E(2) of the Code of the ,..Cityoof Fort Collins be, and the same hereby is, amended to read as follows':' 11(2) Rates. Size of Mercury Vapor Lamp Charges per Month (watts) Single 175 $ 5.50 250 7.25 400 9.85 1,000 20.25 f High Pressure Sodium Lamps Charges per Month (watts) 250 $ 9.85 400 20.25" Section 9. That Section 112-118F(3) of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "(3) Rates. ' "Kilowatt -Hours Charge per Used per Month Kilowatt -Hour First 135 kilowatt-hours used per month per kilowatt of billing demand, but not less than 5,400 kilowatt-hours $0.04 Next 20,000 kilowatt-hours used per month .0168 Excess kilowatt-hours .0078" Section 10. That Section 112-118G(3) of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: 19(3) Rates. "Mercury Vapor Lamps Burning Dusk to Dawn Charge per Year (watts) 175 $51.99 250 60.90 400 75.83 1,000 143.90 54 55 1 :r. 1 1 "High -Pressure Sodium Lamps Charge per Year Burning Dusk to Dawn (watts) 250 $ 74.69 400 103.98" Section 11. That Section 112-118H(2) of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "(27 Rates. - Charge per Kilowatt -Hour Kilowatt-hours used $0.022691, Introduced, considered favorably on first reading, and ordered published this 20th day.of January, A.D. 1976, and to be presented for final passage on the 3rd day of February, A.D. 1976. ATTEST: Miyor ty C er Passed and adopted on final reading this 3rd day of February, A.D. 1976. ATTEST• ty er c -o First Reading: January 20, 1976 (Vote: Yeas: 6, Nays: 0) Second Reading: February 3, 1976 (Vote: Yeas: 5, Naps: 0) Dates Published: January 25, 1976 and February 8, 1976 Attest: ity Clerk W 56 V Ordinance Adopted on Second Reading Increasing Water Turn -On and Turn -Off Charges Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 5, 1976 on second reading. Yeas: Councilmembers Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO. 5 , 1976 BEING AN ORDINANCE AMENDING SECTION 112-51 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE CITY WATER UTILITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 112-51 of the Code of the City of Fort Collins•be and.•the same hereby is amended to read'as follows: "Section 112-51. Charges for Turning Water on and off. .When water is turned on to any premises there shall be a charge of $7.50 for turning the water off and once turned off, a charge of $7.50 for turning the service on again." Introduced, considered-avorably on first reading, and. ordered published this � day of , A•Q• p 1976, and to be presented for final sage on the day of;0) 0 , A.D. 1976. ATTEST - City Clerk v seed and adopted on fi �, A.D. 1976. ATTEST �ss66� y er n al reading this .3,,,.0 day of Mayor. 56 1 1 s7 First Reading: January 20, 1976 (Vote: Yeas: 6, Nays: 0) Second Reading: February 3, 1976 (Vote: Yeas: 5, Nays: 0) Dates Published: January 25, 1976 and February 8, 1976 Attest: ity er Ordinance Adopted on First Reading Being an Ordinance Amending Article XVI, Chapter 2, of the Code of the City of Fort Collins Relating to the Administrative Organization of the City CC Councilwoman Reeves inquired if the Director of Community Projects, repponsible for special projects and land acquisition, would be placed under General Administrative Services once the Capital Program is completed.' City Manager Brunton stated it was very conceivable that it would happen. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to'adopt Ordinanee No. 2, 1976 on first reading. Yeas: Councilmembers Bowling, Gray, Reeves and Wilkinson. Nays: Councilman Russell. I Ordinance Adopted on First Reading Repealing Fingerpriliting Provisions Councilwoman Reeves made a motion, seconded by Councilman Bowling to adopt Ordinance No. 7, 1976 on first reading. Yeas: Councilmembers Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. Ordinance Adopted on First Reading Repealing The Blue Law Statutes Councilwoman Gray requested an explanation of Section 84-20.which was People's Ordinance No. 2, 1913. City Attorney March stated the reason for repealing the ordinance is that this class of ordinance has been declared by the United States Supreme Court and the Colorado Supreme Court as unconstitutional. Therefore, it causes problems to have an ordinance on the books that is unconstitutional. Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 8, 1976 on first reading. Yeas: Councilmembers Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. 57 Ordinance Adopted on First Reading Repealing Certain Animal Provisions Councilwoman Reeves made a motion, seconded by Councilwoman Gray,to adopt Ordinance No. 9, 1976 on first reading. Yeas: Councilmembers Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. Ordinance Adopted on First Reading Repealing Regulations Relating to Vehicles for Hire Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt Ordinance No. 10, 1976 on first reading. Yeas: Councilmembers Bowling, Gray,. Reeves, Russell and Wilkinson. Nays: None. Ordinance Adopted on First Reading Repealing Regulations Pertaining To Employment Agencies Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 11, 1976 on first reading. Yeas: Councilmembers Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. Resolution Adopted Appointing Jerry Wallace to Larimer-Weld Criminal Information Utilization Councilwoman Reeves requested that Council receive a report on the action of the group. Councilwoman Gray made a motion, seconded by Councilman Bowling to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. RESOLUTION 76-10 OF THE CITY OF FORT COLLINS APPOINTING JERRY WALLACE AS THE REPRESEN- TATIVE FROM THE FORT COLLINS POLICE DEPARTMENT TO THE LARIMER-WELD CRIMINAL INFORMATION UTILIZATION PROJECT WHEREAS, the Larimer-Weld Criminal Information Utilization Project is a program designed to increase efficiency of.the criminal justice agencies in the counties of Larimer and Weld through cooperative exchange and storage of information of mutual interest; and 58 J 0 >9 WHEREAS, the City Council has been requested to appoint a representative from the 'City Police Department to serve on the supervisory board of said project; and WHEREAS, -the City Council has considered this matter and desires to appoint Division Chief Jerry Wallace as the representative of the Fort Collins Police Department. NOW, 'THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Jerry Wallace be,and he hereby is,appointed as the representative from the Fort Collins Police Department to the Larimer-Weld Criminal Information Utilization Project. SYJ CG Passed and adopted at a regular meeting of -the City Council held this 3rd day of February, A.D. 1976. yor ATTEST:. ty Clerk Amendment to Contract with Black and Veatch for Water Treatment Plant No. 1 Anproved City Manager Robert L. Brunton stated the contract with Black and Veatch for major remodeling work at Water Treatment Plant No. 1 had been entered into in 1972. Black andItatch is now working on several major small projects and it is now necessary to amend the contract to reflect this work. Councilman Bowling inquired into the estimated amount of the contract. City Manager Brunton stated it would be approximately 20 to 30 thousand dollars which would be based on engineering curves relating to these kinds of projects. Water and Sewer Director Roger Rrempel addressed the basis on which the curve would be applied. Further, Mr. Riempel stated the administration did not desire to tie this small miscellaneous work into the other contract, due to the fact that prevailing wages would have to be paid. City Manager Brunton stated the curve that is proposed is the normal way that negotiations would be made with other engineering firms. 59 s sQ Council then discussed the possibility of Black and Veatch being paid at the lower of either two basis;' if the proposed curve for this contract, plus the other curve, with the other contract is lowest, that combination could be _ used. Mr. Carl Houck of Black and Veatch stated the contract proposed is what he feels is the fairest arrangement. Councilwoman Reeves made a motion, seconded by Councilwoman Gray to approve the amendment to the contract for Engineering Services with Black and Veatch and authorize the City Manager and City Clerk to execute the amendment on behalf of the City. Councilman Bowling made a motion to amend the motion to have the contract reflect that Black and Veatch would be paid at the lower of two basis. This motion died for a lack of a second. The Mayor.:put the motion with the following vote. Yeas: Councilmembers Gray, Reeves and Russell. Nays: Councilmembers Bowling and Wilkinson. Appointment of Members to Various Larimer-Weld Council of Governments' Committees Approved Following is the City Manager's memorandum on this item. Richard D. MacRavey, Director of the Larimer-Weld COG, has requested that Fort Collins officially appoint members to the Land Use and Transportation Planning Committee'and the Regional Human Resources Committee. Roy Bingman, Engineering Services Director, served as our representative on the Land Use and Transportation Planning Committee in 1975, and Peggy Reeves, Councilwoman, served as our representative on the Human Resources Committee. Recommendation: The Administration recommends that the City Council reappoint Roy Bingman to the Land Use and Transportation Planning Committee and Peggy Reeves to the Human Resources Committee. Councilwoman Gray made a motion, seconded by Councilman Bowling to reappoint Roy Bingman to the Land Use and Transportation Planning Committee and Council- woman Reeves to the Human Resources Committee. Yeas: Councilmembers Bowling, Gray, Reeves; Russell and Wilkinson. Nays: None. Creation of Temporary Storm Drainage Board Approved Following is the City Manager's memorandum on this item. 60 1 1 1 PA 6' V At the January 27, 1976 work session the City Council discussed the storm drainage problem and the recommendation to create a Storm Drainage Board to assist the City Council and Administration in this area. 'To be effective, the Board 'should consist of persons who are knowledgeable and experienced in storm drainage and finance. After discussing a suggested storm drainage ordinance including the creation of a Storm Drainage Board, it was tentatively decided to initially create a temporary Storm Drainage Board whose job it would be first to review and modify the proposed ordinance. It was further recommended that, if this course of action was taken, the Storm Drainage Board be charged with the responsibility of coming back to the Council with a recommended ordinance within ninety days after their appointment. It is hoped that the same members would be considered and serve on the foremost Drainage Board. The recommenda- tion was that this Board consist of five members. Recommendation: The Administration recommends that the City Council authorize e temporary appointment of a 5-person Storm Drainage Board. The purpose of this Board would be to review and analyze the storm drainage ordinance to the City Council within ninety days after its creation. Councilman Wilkinson made a motion, seconded by Councilwoman Gray that Council authorize a temporary Storm Drainage Board. Yeas: Councilmembers Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. Acceptance of Utility Agreement at the Fort Collins -Loveland Airport Approved Following is the City Manager's memorandum on this item. The Public Service Company has requested a utility easement along the easterly ten feet of the Fort Collins -Loveland Airport. This agreement is needed to provide gas.service to the trailer park to the north. A waiver was signed allowing that the Fort Collins -Loveland Airport or any of its present or. future users on the Airport site would not have to pay any pro-rata cost of this line. They will also take care of any crop damages. This Utility Easement Agreement has already been executed, however, in discussion with our City Attorney, it was decided that it would be better if the Agreement was officially confirmed by the City Council. Councilwoman Gray made a motion, seconded by Councilwoman Reeves to accept the utility easement agreement. Yeas: Councilmembers'Bowling, Gray, Reeves, Russell, and Wilkinson. Nays: None. 61 Resolution Adopted Approving An Agreement to be Entered into with the Board of County Commissioners of Larimer County Regarding Library Facilities _ Following;is the City Manager's memorandum on this item: The Larimer County Library Board and system was created in 1939. At that time the County library books were located in the basement of the City library. Fifty percent of the directors' salaries and fifty percent of various employees, salaries were charged both to the City and to the County. In 1967, the County' library was dissolved and merged with the City library. However, the County Library Board.was kept to coordinate the library facilities in the county. In the original 1967 agreement, the City received $13,500 to maintain a book- mobile for the County and $10,500 to pay for free library service for people in Larimer County wanting to use the library facilities. The amount of money that the City received is based on a formula worked out by the County Library Board of which Larry Webber acts as the County Librarian. Initially, the County Commissioners determine how much can be allocated for library services in a fiscal year: From this amount, money is deducted for the bookmobile, for the operation of the Red Feather Lakes Library, and for Board expenses. The remaining money is divided on a formula basis as follows: S. Fort Collins 50% Loveland 30% Estes Park 128" Berthoud 86 Initially, the Larimer County Library Board made a request of $1.00 per capita or $118,000. This amount was later lowered to $100,000. This latter figure was the one used in projecting our 1976 revenue. Listed below is a summary of the allocations for 1974 and 1975 and the two requests and final allocation for 1976: 1st Req. 2nd Req. Final 1974 1975 1976 1976' 1976 Bookmobile Reimbursement $20,000 $23,000 .$25,000 $25,000 $23,000 Free Library service Reimbursement 22,298 27,700. 46,580 41,080 27,700 Total $42,298 $50,700 $71,580 '$66,080 $50,700 The $66,080 figure was used for estimating and projecting the 1976 revenue. We will, therefore, have a $15,380 less revenue in 1976. I think that this year we should talk with the County Library Board and County Commissioners about the additional cost of library service. Recommendation: The Administration reluctantly recommends that the City Council adopt the aforementioned resolution authorizing the Mayor and City Clerk to sign the agreement with Larimer County on behalf of the City. 62 1 63 Councilmembers expressed their desire to work out a better agreement with the County so that the County would pay their fair share for -the services. The possibility of establishing branch libraries at City facilities and returning the Bookmobile to the County was discussed. These items will be addressed at the pre -budget work sessions this year. Councilwoman Reeves.made a motion, seconded by Councilwoman Gray to adopt the resolution and authorize the Mayor and the City Clerk to sign the agreement with Larimer County on behalf of the City. Yeas: Councilmembers Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. M, r, RESOLUTION 76-11 OF THE COUNCIL OF THE CITY OF FORT COLLINS ^ APPROVING AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE COUNTY OF LARIMER CONCERNING OPERATION OF THE COUNTY' BOOKMOBILE AND COUNTY LIBRARY SERVICES WHEREAS, the City of Fort Collins and the County of Larimer ' have in the past executed annual agreements concerning the operation of the County Library in conjunction and cooperation with the City Library; and WHEREAS, an agreement concerning such matters, which is identical to the agreement for the year 1975, has been proposed for the year 1976; and 1 WHEREAS, the Council has considered the proposed agreement and in the opinion of the Council it is in the best interests of the City of Fort Collins and the County of Larimer that such cooperative library services exist and that such an agree- ment covering such services be approved and duly executed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the agreement between the City of Fort Collins and the County of Larimer concerning operation of the County Bookmobile and County Library Services be, and the same hereby is, approved and duly executed. r*J 64 Passed and adopted at a regular meeting of the City Council held this 3rd day of February, A.D. 1976. m ATTEST: Mayor City Clark Citizen Participation 1. Mr. Dave Dornan, teacher at Lincoln Jr. High School, stated he had with him some youngesters who were interested in the question of the demolition of the Old Lincoln Junior High School. Peter Ortiz served as moderator and introduced the following students: 1. Lorrie Crockett 2. Joe Hoffman who explained what the students had done; ' 3. Carla Cabrera 4. Monty Johnson who presented an argument for saving the old classrooms; S. Patty O'Brien 6. John Tietz who argued that the old classrooms were unsafe and should be torn down; 7. Connie Saracino 8. Mark Goodsen who presented petitions requesting the decision be delayed until public opinion is measured. Mayor Russell expressed the appreciation of the Council for the excellent presentation and their concern in the matter. City Attorney March explained to the audience a vote would not be taken on this item this evening. 2. The following employees of the City of Fort Collins were recognized for their years of loyal service in special ceremonies during the meeting of the Fort Collins City Council today, February 3, 1976, in the City Council Chamber: 64 ss 1 QC :.7 :7 To Receive Twenty Year Pine: - -- - -Fred Gerlock James W. Nye Charlie D. Cain Gladys Foster Frank Fisher Bruce Fisher' Rodger L. Peter James E. Walker. Warren R. Dalke Charles K. Evans Raymond A. Souders Lawrence Julch M. Adeline Flaa *Unable to Attend Traffic Repairman Engineering Services Engineering Aide II Engineering Services Finance Director Finance Account Clerk I Finance Warehouseman II G. A. S. Water -Sewer Line Supervisor.Water 6 Sewer Util. Firefighter Fire Fire Captain Fire Power Dist. Supt. Electric Utility Asst. Supt. for Substations Electric Utility Lineman II Electric Utility Police Sergeant Police Librarian II Library To Receive Twenty -Five Year Pins: Billy Townsend Meter Reader Supervisor Louis Salazar Utility Worker III John J. Tobin Municipal Judge To Receive Thirty -Five Year Pins: Herb Alexander Water Treatment Supt. Edwin Hilgenberg. Water -Sewer Line Supt. Finance Electric Utility Municipal Court Water 6 Sewer Util. Water 6 Sewer Util. 22 20 20 23 22 20 20 25 24 28 24 20 20 27 23 26 35 37 3. W. Louis Swift, 6101 South County Road 7, spoke to the proposed location of the new Hewlett Packard plant, requesting that Council look into all possibliities of.a plant of this nature to avoid spot zoning. 4. City Clerk, Verna Lewis, read into the record the proclamation proclaiming "the month of February, 1976 as America For All Americans month in the City of Fort Collins, Colorado." Final Plat of the Third Filing of Bruce Miller Cedarwood Subdivision Approved Senior Planner, Paul Deibel, identified the area in question. City Manager's memorandum on this item. 65 Following is the 66, Cedarwood Subdivision is located on the north side of Prospect Street west of Taft Hill Road. The third filing consists of three single-family lots on a �-acre tract located on the southwest corner of West Lake Street on Cedar - wood Drive. The Planning and Zoning Board recommended approval of this subdivision plat. In connection with the development of this subdivision, it is necessary to connect Lake Street to the east. The developer has not been able to acquire the necessary right-of-way. He has, however, signed an agreement authorizing the City to use its powers of eminent domain to acquire the property. The developer will reimburse the City for all expenses incurred in connection with the right-of-way acquisition. This agreement has been signed and the Administra- tion will recommend that the City Council by resolution accept the referenced Agreement and authorize us to proceed with the acquisition of the property. Councilwoman Gray made a motion, seconded by Councilman Wilkinson to approve' the final plat of the third filing of Bruce Miller Cedarwood Subdivision. Yeas: Councilmembers Bowling, Gray, Reeves and Wilkinson. Nays: None. (Russell out of room.) Resolution Adopted Authorizing the Acquisition by Eminent Domain of Property to Extend Lake Street Following is the City Manager's memorandum on this item: , At the present time Cedarwood Subdivision is under development. A small parcel of land which is not subdivided prevents the connection of Lake Street in Cedarwood Subdivision from the West Lake Subdivision. This con- nection is.needed for the orderly development in this area. The developer has not been able to acquire the necessary right-of-way. He has, however, signed an agreement authorizing the City to use its powers of eminent domain to acquire the right-of-way. The developer will reimburse the City for all expenses incurred in acquiring this necessary right-of-way. Councilwoman Gray made a motion, seconded by Councilman Wilkinson to adopt the resolution, authorize the City Manager and the City Clerk to execute the agree- ment and authorize the City Attorney to proceed with acquisition of this property by eminent domain. Yeas: Councilmembers Bowling, Gray, Reeves and Wilkinson. - Nays: None. (Russell out of room.) M. r 67 RESOLUTION 76-12 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS IN THE CITY WHEREAS, the City of Fort Collins desires to acquire a right of way over certain lands hereinafter described for.the purpose of establishing a public street and sidewalk and for the purpose of installing utilities and utility lines; and Mom' WHEREAS, the City has attempted to negotiate the acquisi- tion of such right of way with the owner of the lands, but has -� been unsuccessful in such negotiations and it appears it will be necessary to acquire such right of way through proceedings u in eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. The City Council hereby finds and determines that it is necessary that the City of Fort Collins acquire a right of way over and across certain lands more particularly described as follows: Begin at a point which bears S 89*33' E 100.0 feet and again N 00°00'30" E 542.61 feet from the SW corner of the SE 1/4 of Section 16, Township 7 North, Range 69 West of the 6th P.M., and run thence S 89*33' E 220.0 feet, thence N 00°00'30" E 60.0 feet, thence N 89° 33' W 220.0 feet, thence S 00°00'30" W 60.0 feet to the point of beginning; .to be used for street, sidewalk and for the installation and maintenance of utilities and utility lines. Section 2. The City Council hereby finds and determines that it is not possible to acquire such right of way by negotia- tion with the owner of the lands and, therefore, authorizes the City Attorney and the other proper officials of the 'City to acquire such right of way for the City by eminent domain. proceedings. Passed 4nd adopted at a regular meeting of the City Council held this 1,�. day of •.____ I A.D. 1976. ATTESOLAf� . yor ty erc 67 66. Resolution Adopted Approving Management Agreement With the Fort Collins Housing Authority Following is the City Manager's memorandum on this item: e . The Housing Authority of the City of Fort Collins was created in 1971. Members are appointed by the City Council, but the Authority functions as an autonomous group. From its inception, the City has provided administrative and planning services to the Authority. Initially, the secretary of the group was our former Planning Director, Donald Reynolds. Later, some functions were assumed by Freeman Rader, Senior Planner. For the past several years, John McGraw, our Human Resources Director, has been acting as Executive Director of the Housing Authority. The City has been reimbursed for some of these services. On May 2, 1974, the City approved a Management Agreement between the City of Fort Collins and the Housing Authority. At that time, the City approved a lease for a piece of land in City Park located on Mountain Avenue for the con- struction of administrative headquarters and community building for the Authority. After many years of work, the first tenants will move into the units. It was decided that we should have a more formal Management Contract between the City and the Authority. John McGraw has submitted a memorandum summarizing the terms and conditions of the Management Agreement. Part of the Agreement is that our Human Resources staff will be headquartered in the new facility and perform both services at the same.time. At the present time, approximately $8,400 is provided each year for administrative services. The Authority is working on several projects including the Low -Rent Housing Project and may possibly act as a tenant screening agency for another HUD project. All of these pro- grams • will add to the financing of the administration costs. We hope that at some stage in the future, the Housing Authority will hire its own independent and separate Executive -Director. -The additional revenue sources are needed. Councilwoman Gray inquired where the support staff was in screening applicants. John McGraw stated they were screening applicants as units became available; there are about ISO applicants now. Councilwoman Reeves inquired into the cost accounting provisions. John McGraw and the City Manager stated these problems are being worked out with the assistance of the Finance Department. Councilman Wilkinson addressed the program regarding sub -standard housing, and the possibility that some people might move out of sub -standard housing and others move in, compounding the problem. City Manager.Brunton stated the rehabilitation program and housing code would be reported at the February 24th work session. Councilwoman Gray made a motion, seconded by Councilwoman Reeves to adopt the resolution approving the Management Agreement with the Housing Authority. Yeas: Councilmembers Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. 68 c.0 1 RESOLUTION 76-13 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A MANAGEMENT AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE HOUSING AUTHORITY OF THE CITY OF FORT COLLINS WHEREAS, heretofore the Council directed the City Admini- stration to prepare a Management Agreement between the City of Fort Collins and the City of Fort Collins Housing Authority, and WHEREAS, the City Administration has prepared such an agreement and has presented it to the City Council, and WHEREAS, the Council has considered the proposed agreement, and in the opinion of the Council it is in the best interests of the City of Fort Collins that said agreement be approved and duly executed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Management Agreement between the City of Fort Collins and the City of Fort Collins Housing Authority prepared by the City Administration and presented to the City Council be, and the same hereby is, approved and duly executed. Passed and adopted at a held this 3rd day. of February ATTEST: D4 0- regular meeting of the City Council A.D. 1976.. Mayor Airport Master Plan - 6500 Foot Runway Reaffirmed City Manager Brunton stated the length of the runway has been a point of contention for some time. The Airport Board and the Loveland City Council desired that an 8,500 foot runway be included in the master plan. Initially, it was felt that a compromise had been reached wherein the City of Loveland would accept the 6,500 foot runway providing Larimer County could provide restrictive zoning for 8,500 feet and funding would not be altered by the FAA. City Manager Brunton stated the FAAofficials are requesting a final decision on the length of the runway so they can close out their grant for this project. 69 0 The following persons 1. 2. 3. 4. 5. 6. 7. spoke to the master plan: Tom Lederer, 1509 West Mountain Avenue Paul Huszar, member of Airport Board Louis Swift, 6101 S. County Road 7 Bev Driver, 8020 South County Road 11 Susan Dickinson, 2821 E. County Road 30 Don Stenson, Loveland Chuck Cullen, Pilot The above citizens spoke to the following concerns: 1. The desire not to extend the runway. 2. Concern for zoning around the airport. 3. The need for regulations on the operation of the airport: 4. The desire tb work with the County on zoning. Councilwoman Reeves made a motion, seconded by Councilman Bowling that the Fort Collins City Council reaffirm its position that the runway should be 6,500 feet. Yeas: Councilmembers Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. Councilman Bowling made a motion, seconded by Councilwoman Gray to recommend to the County Commissioners that they do protective zoning around the airport #4 •4has€letent that is possible. Yeas: Councilmembers Bowling, Gray, Reeves, Russell and Wilkinson. Nays: .lone. Councilwoman Gray made a motion, seconded by Councilman Bowling to instruct the Fort Collins Loveland Airport Board to study the policies and procedures at the airport and work closely with the people in the surrounding area and report back in 90 days. Yeas: Councilmembers Bowling, Gray, Reeves, Russell'and Wilkinson. Nays: None. Other Business City Attorney March spoke to the referendum type petitions which have been filed regarding Ordinance No. 78, 1975, specifically the area which deals with executive session. He had advised Council that the petitions were not timely filed to be a referendum petition, however they do represent a position of some interested members of the citizenry. The City Attorney reviewed his suggestions that would further define those areas of concern as follows: 1. "Personnel matters restricted to the following areas: "A. Matters involving the employment, appointment, dismissal, promotion, demotion, assignment, and discipline of City personnel. "B.. Consideration of complaints or charges against City personnel. "C. Consideration and discussion of matters concerning negotiations with employee groups, including unions, and other matters connected with employee bargaining." 70 1 1 J 2. "Meetings with the City Attorney for the purpose of discussing strategy on controversies in an adversary situation or when the Council deter- mines that the matter to be discussed could become an adversary situation and to receive legal opinions in connection with such adversary situations." 3. "Consideration of property acquisitions by the City, such matters to be limited to consideration of appraisals and other value estimates of the City and consideration of strategy for the acquisition of such property." Council took no action on this item, it will be placed on a future Council agenda. r Adjournment Council adjourned to an executive session to discuss a possible land purchase. .n I, IWIff N (� ity Clerk 1 71