HomeMy WebLinkAboutMINUTES-01/21/1975-RegularJanuary 21, 197S
COUNCIL OF 'I"HE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government ,
Regular Meeting - S:30 P.M.
A Regular Meeting of the Council of the City of Fort Collins was held on
Tuesday, January 21, 197S at 5:30 P.M. vi the Council Chamber in the City
of Fort Collins, City Nall. Mayor Fead called the meeting to order.
Present: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and
Wilkinson.
Staff members present: Brunton, DiTuilio, Bingm. n, Kaplan, Deibel, Smith
Cain and Lewis.
Also: City Attorney March.
Mayor Fead welcomed the members of the CSU Technical ,Journalism and Sociology
classes to the Council meeting.
Approval. of Minutes of Regular Meeting
of January 7, 1975 tabled
Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to table
approval of the minutes as they have just been received. Yeas: Cou-Lcil.
members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays:
None.
City Aluiager Brunton requested City Plarvrer, Les F,aplan, introduce the two '
newest members of the Planning Staff. Mr. Kaplan introduced James Woods and
Richard Geshwiler.
Transfer of Deed for U.S. Forest Service
Acreage tabled.
City Manager Brunton stated the representatives of the Forest Service had
requested this item be deferred to the second meeting ur February.
Councilman Russell made a motion, seconded by Councilman Bowling, to table
this item until the Forest Service can make the presentation. Yeas:
Council members Bowling, Fead, Gray, Preble,Reeves, Russell and Wilkinson.
Nays: None.
Ordinance adopted on second reading
zoning Sonoran View Estates Annexation
Councilwoman Gray made a motion, seconded by Councilman -Wilkinson, to adopt
Ordinance No. 1, 1975 on second reading. Yens: Council members Bowling,
Fead, Gray, Preble, Reeves, Russeli and Wilkinson. Nays: None.
ORDINANCE NO, 1 , 197S I
.BEING AN ORDNANCE AMENDING CHAPTER 118 OF THE
CODE OF T111: CITY OF FORT COLLINS, COI\CdONLY YN011TN
AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING
PURPOSES THE PROPERTY INCLUDED IN THE SONORAN VIEW
ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO
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BE IT ORDAINED BY TH
E COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That the Zoning District Map adopted by Chapter 118
of the Code of the City of Fort Collins be, and the same hereby is,
changed and amended by including the property known as the Sonoran View
Annexation to the City of Fort Collins, Colorado, in the R-L Low
Density Residential District.
LM Section 2. The City Engineer is hereby authorized and directed
x to amend said Zoning District Map in accordance with this ordinance.
r-i
U Introduced, considered favorably on first reading, and ordered
^� published this 7th day of January, A.D. 1975, and to be presented for
final passage on the 21st day of January, A.D. 1975;
_Lai :�✓�1/, � ��
ATTEST: Mayor
' City Cleric
Passed and adopted on final reading this 21st day of January,
A.D. 1975.
r-
ATTEST•
3-ty Clerk
First reading: January 71 1975 (Vote: Yeas: 7, Nays: 0)
Second reading: January 21, 1975 (Vote: Yeas: 7, Nays: 0)
Dates published: January 12 and 26, 1975
Attest:
City Cier
' Ordinance adopted on second reading
prescribing terms for application for
water allotment from Northern Colorado
Water Conservancy District -
City Attorney'hiarch stated a motion was necessary to delete the last sentence
in Section 3. The ordinance was originally drawn by the Conservancy District
as an emergency ordinance; the City elected not to do so, but did not remove
the 1 anmjacyc. 55
Councilwoman Preble made a motion, seconded by Councilman Bowling to delete the
last sentence in Section 3. Yeas: Council members Bowling, Fead, Gray,l'reble, '
Reeves, Russell and Wilkinson. Nays: None.
Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to adopt
Ordinance No. 2, 1975 as amended on second reading. Yeas: Council members
Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
ORDINANCE NO. 2 , 1975
BEING AN ORDINANCE TO APPLY AND CONTRACT FOR
BENEFLCIAL USE OF WATER ON BEHALF OF THE CLTY
OF FORT COLLINS, COLORADO, A MUNICIPAL CORPORA-
TION, AND PRESCRIBING THE TERMS FOR APPLICATION
FOR AN ALLOTMENT OF WATER TO SAID CITY OF FORT
COLLINS BY NORTHERN COLORADO WATER CONSERVANCY
DISTRICT
WHEREAS, under the Plater Conservancy Act of Colorado, Chapter
150-5 of the Colorado Revised Statutes.of 1963, it is necessary that
the City Council of the City- of Fort Collins, a Colorado.municipal.
corporation (hereinafter called."Anpli.cant"), in order to obtain an
allotment contract for the beneficial use of water from Northern Colorado
Water Conservancy District, shall by ordinance, authorize and direct the
Mayor and City Clerk to apply to .the -Board of Directors of said District '
for such water allotment contract.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT COLLINS, COLORADO:
Section 1: That the. City of Fort Collins elects to apply for
an allotment contract providing for the beneficial use of three hundred
seventy-four (374) acre-feet of water from Northern Colorado Water
Conservancy District.
Section 2: That the Mayor and City Clerk be and are hereby
authorized and directed to apply to the Board of Directors of said Northern
Colorado Water Conservancy District for a contract allotting to the
applicant the beneficial use of water upon terms prescribed by said
Board, in the -manner and form as this.lsecti.on provided ;;'to=wit: r"
APPLICATION TO
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
FOR
WATER ALLOTMENT CONTRACT
Applicant, City of Fort Collins, a Colorado municipal corporation, ,
hereby applies to Northern Colorado I -later Conservancy District, a political
subdivision of the State of Colorado, organized and existing by virtue of
Chapter 150-5, Colorado Revised Statutes, 1963, for an allotment contract for
beneficial use of water under the following terms and conditions:
1. The quantity of water herein requested by Applicant for annual
' application to beneficial use is three hundred seventy-four (374) acre-feet
to be used so long as the Applicant fully complies with all of the terms,
conditions, and obligations hereinafter set forth.
1
2. It is understood and agreed by the Applicant that any water allotted
by the Board of Directors of said District shall be for domestic, irrigation,
or industrial use within.or through facilities or upon lands owned or served
by said Applicant, provided however, that all lands, facilities, and serviced
areas which receive benefit from the allotment (whether water service is
provided by direct delivery, by exchange, or otherwise) shall be situated
within the boundaries of Northern Colorado Water Conservancy District.
3. Applicant agrees that an acre -.foot of water as referred to herein is
defined as being one -three -hundred -ten -thousandth (1/310,000) of the quantity
of water annually declared by the Board of Directors of the District to be
available for delivery from the water supplies of the District. Applicant
agrees that such water shall be delivered from the works of the District at
such existing District delivery point or points as may be specified by the
Applicant and that the water delivery obligation of the District: shall ter-
minate upon release of water from said works. Further, the Applicant agrees
that on November I of each year, any water undelivered from the annual cuan.-
tity made available to the Applicant shall revert to the water supplies of
the District.
4. Applicant agrees to pay annually for the amount of water herein
allotted by the Board of Directors of said District at a price per acre-
foot to be fixed annually by said Board; and, further, agrees that the
initial annual payment shall be made, in full, within fifteen, (15) days
after the date of notice from the District that the initial payment is
due hereunder. Said notice will advise the Applicant, among other things,
of the water delivery year to which the initial payment shall apply and
the price per acre-foot which is applicable to that year. Annual payments
for each year thereafter shall be made by the Applicant on or before each
October 1 at the rate per acre-foot established by the Board for municipal
water allotments in that year.
If an annual payment, as herein provided, is not made by due date,
written notice thereof, by certified mail, wial be given by'said District
to the Applicant at the following address: P. 0. Box 580, Fort Collins,
Colorado 80522.
If payment is not made within thirty (30) days after the date of said
written notice, Applicant shall have no further right, title, or interest
under this contract; and the allotment of wafer, as herein made, shall be
disposed of at the discretion of the Board of Directors of said District.
' 5.'As security to the District, the Applicant agrees that the foregoing
covenant of annual payments will be fully met by annual budget and appropri-
ation of funds from such sources of revenues as may be legally available to
said Applicant.
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6. Applicant agrees that the grater allotment shall be beneficially used '
for the purposes and in the manner specified herein, and that this agreement
Is made for the exclusive benefit of the Applicant and shall not inure to the
benefit of any successors or assigns of said Applicant without prior specific
approval of the Board of Directors of said District.
7. Applicant agrees to be bound by the provisions of the Water Conservancy
Act of Colorado; by the Rules and Regulations of the Board of Directors of said
District; and by the repayment contract of July 5, 1938, between
said
District
and the United States and all. amendments thereof and supplements
8. Applicant agrees, as a condition of this contract, to enter into an.
"operating Agreement" with said District if and when the Board of said Dis-
trict finds and determines that such an agreement is required by reason of
additional or special services requested by the Applicant and provided by the
District. Said agreement may contain, but not be limited to, provision for
water delivery at times or by means not provided within the terms of standard
< allotment contracts of the District; additional annual monetary consideration
for extension of District delivery services and for additional administration,
operation and maintenance costs; or for other costs to the District which may
arise through provision of services to the Applicant.
Section 3: In the opinion of the Council of the City of Fort ,
Collins, the acquisition of a water allotment contract from Northern
Colorado Water Conservancy Dist rict.and.the right to the beneficial use
of water thereunder by said City of Fort Collins is necessary; that the
continued acquisition and use of this water supply is essential for the
well-being of the community and for the preservation of the public peace,
health, and safety; and that the adequate protection of the health of
the inhabitants of the community requires an immediate increase in
Applicant's water supply.
introduced, considered favorably on first reading, and ordered
published this 7th day of January, A.D. 1975, and to be presented for
final passage on the 21st day of January, AD. 1974.
ATTEST • ^ Mayor
City Clerk
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' Passed and adopted on final reading this 21st day of'January,
AD. 1975.
ATTEST' Mayor
• City Clerk
0 First reading: January 7, 1975 (Vote: Yeas: 7, Nays: 0)
,� Second reading: January 21, 1975 (Vote: Peas: 7, Nays: 0)
Ca Dates published: January 12 and 26, 1975
Attest
e
City Cler;
Ordinance adopted on first reading
relating to the City Electric Utility
Rates
' Dr. Donald Rhody stated that they had had an opportunity at CSU to go
though the rate study prepared by the Fort Collins Light and Power Depart-
ment.
Dr. Rhody stated they could not find any major glaring errors in the study,
however, it reflected a large dollar increase for the University, and in the
past the City ':ad secured the opinion of an outside agency.to review the
analysis of the staff.
Director of Utilities, Stan Case and Bob Kest, spoke to the cost of service
study which indicated the. increases for all classes of customers which will
be compounded over the next five years.
it was the consensus of. the Council that the University be encouraged to
obtain an outside consultant and the City staff would cooperate with the
University.
Dr. Rolidy stated lie would like to clarify his understanding of what was being
said as that the Council did not object to the kind of approach taken on the
sewer issue, whereby the University agreed to perform a certain type of study
and the Council agreed to consider the findings.
Mayor Fead stated that was correct and stated the City Staff would continue
to cooperate with CSU. Dr. Rohdy stated he would have a response to the
Manager in two weeks.,
Councilman Wilkinson spoke to the study being done to look into a refund of
the utility rates to qualified senior citizens and handicapped.
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o u._
Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to adopt '
Ordinance No. 4, 1975 on first reading with final passage on February 4, 1975.
Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and
Wilkinson. Nays: None.
Ordinance adopted on first reading
amending the Code relating to
Traffic Control Signals
City Attorney March spoke to the purpose of this ordinance as being one of
uniformity. The State changes provisions and the municipalities are some
times in conflict.
Councilman Russell made a motion, seconded by Councilman Bowling, to adopt
Ordinance No. 5, 1975 on first reading with final passage on February 4, 1975
Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and
Wilkinson. Nays: None.
Lawsuit by John E. Miranda against
the City - City Attorney authorized
to enter aupearanze on behalf of City
City Attorney March stated he needed Council Is authorization to enter an I
appearance on behalf of the City and to defend all defendants.
(This lawsuit relates to the City's player code of conduct and the rules and
regulations of various recreational activity programs of the City).
Councilman Bowling made a motion, seconded by Councilwoman Gray, to authorize
the City Attorney to enter an appearance on behalf of the City and defend
all defendants. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves,
Russell and Wilkinson. Nays: None.
Appeal by Fort Collins Board of Realtors
on decision of Zoning Board of Appeals
regarding off-street parking requirements
approved
Ds. Wayne Daugaard from the Board. of Realtors and Mr. Ed Stoner spoke to the
.variances granted by the Zoning Board of Appeals and the denial of the
variance .for waiver of off-street parking.
Councilman Bowling, inquired into the reasons for the denial by the Zoning
Board of Appeals. Judy Lovaas spoke as an individual and not for the Board.
Mrs. Lovaas.stated the Board had discussed with the petitioners the possi-
bility of compromising concerning off-street parking; if the lot across the
alley were used for parking, it could provide approximately 15 parking spaces. '
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Council members expressed concern for the parking situation being detrimental
to the existing residential character of the neighborhood and were advised
that the Board of Realtors had discussed the possibility of designating the
Chapel an historic landmark.
Councilman Bowling made a motion, seconded by Councilman Russell, to waive
the off-street parking requirements for the Mercy Chapel so long as it
continues to be used by the Board of Realtors for their office uses. Yeas:
Council members Bowling, Gray, Preble, Russell and Wilkinson. Nays:
Council members Fead and Peeves.
Change in Water Decree
LID Referred to City Attorney
00 —.
r--i At its November,1974 meeting the Fort Collins Water Board discussed the
i.) Status of certain direct -flow decrees. During the discussion it was brought
W out that the City has additional water rights during periods of high flow
on the River. At its December, 1974 meeting, the Water Board recommended
that the City request the River Commissioner to change the 10 cfs decree
for in -plant use to municipal use.
Recommendation: The Administration recommends that the City Council authorize
e City Attorney to proceed with the necessarylegal action to obtain a
transfer of the aforementioned 10 cfs of water.
' Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to
authorize the City Attorney to proceed with the necessary legal action to
obtain a transfer of the 10 cfs of water. Yeas: Council members Bowling,
Fead, Gray, Preble, Reeves, and Wilkinson. Nays: None. (Councilman
Russell out of room)
First Extension of Mourning Subdivision
P.U.D. Tabled
This item had been tabled on January 7, 1975
Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to remove
this item from the table. Yeas: Council members Bowling, Fend, Gray, Preble,
Reeves, and Wilkinson. Nays: None. (Councilman Russell out of room)
Associate Planner, Paul Deibel, stated the extension of this P.U.D. is to be
used for a bank building; the question of parking was still
to be answered.
The
Staff and the Planning and Zoning Board had recommended
approval based
on
the following conditions:
1.
There be a statement on the site plan that all owners in
the P.U.D.
agree to pool their parking.
2.
The site plan indicate a pedestrian crosswalk connecting the bank with
'
3.
Steele's parking lot.
Plant species and locations be changed on the landscape
j)lan as per the
City Arborist's recommendation.
U Ze
W. Chester Winter stated he had been i�mrkijig with First National. Bank and
with Mr. Don Mourning on the problem of the parking. Mr. Mourning stated he- I
was opposed to the pooling of the parking at Steele's Market, as they had other
plans.
Councilwoman Preble made a motion, seconded by Councilman Bowling, to table the
approval of the First Extension of the Mourning Subdivision P.U.D. indefinitely.
Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and
Wilkinson. Nays: None.
Resolution adopted concerning
extension rider agreement with
Union Pacific Railroad for water
pipeline easement
Councilwoman Preble made a motion, seconded by Councilman Bowling, to adopt
the resolution. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves,
Russell and wilk;inson. Nays: None.
RESOLUTION 75-5
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING
A,4 AGREEMENTF WITH UNION PACIFIC RAI:.RO;,D COMPANY
{'.4iEREAS, Union Pacific Railroad Company has tendered to the ,
City of Fort Collins, State of Colorado, an agreement extending to and
including Marc3L 10, 1955, the term of contract dated April S, 1965,
covering the construction, maintenance and operation of a 12-inch cast
iron water pipe line on and along the right of way of the Railroad Company's
Fort Collins Branch at Fort Collins,.Colorado; said agreement being
identified as Railroad Company's C.D. No. 38606-5-B; and
WHEREAS, the Council of the City of Fort Collins has said
proposed agreement before it and has given it careful review and considera-
tion; and
WHEREAS., it is considered that the best interests of said City
of Fort Collins, Colorado, will be subserved by the acceptance of said
agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY'OF
FORT COLLINS:
That the terms of the agreement submitted by Union Pacific
Railroad Company as aforesaid be, and the same are hereby, accepted
in behalf of said City;
That the Mayor of said City is hereby authorized, empowered and ,
directed to execute said agreement on behalf of said City, and that the
City Clerk of said City is hereby authorized and directed to attest said
agreement and to attach to each duplicate original of said agreement
a.certified copy of this resolution.
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b tT'
h.eld
Pass and adopteat,at a regular meeting of the City Council
this � day of C. C�� /A.D. 1975.
ATTEST :
City Clerk
Request to delete City Manager Vote of Confidence
"M from Ballot denied
x —
U Attorney William H. Allen appeared before the Council and requested that the
WCouncil not place the Charter Amendment question, that the City Manager stand
a vote of confidence on the ballot for the April 8, 1975 Election. -
The refusal. to grant this request would set the stage for court action on
this matter. Mr. Allen stated he anticipated the matter would be heard
quickly by the Court.
Councilman Bowling made a motion, seconded by Councilwoman Preble, to deny the
request and instruct the City Attorney to prepare the necessary paper to
place this item on the ballot.
Contract for Architectural Senrices
on Service. Center addition aeercvcd
City Manager Brunton stated Black and Veatch had been selected to do the
addition to the Service Center and'e=ansion of garage facilities. The
task force who will be working with Black and Veatch include the following:
1. Mike DiTullio - Assistant City Manager.
2. Stan Case - Electric Utility Director.
3. Charles Liquin - Public Works Director.
4., Roy Bingman - Director of Engineering Services.
Councilman Bowling inquired into the total. cost of the study; Council members
Russell and Wilkinson also inquired if the work involved in this contract
could not be accomplished in-house by the City Staff.
It was determined that this agreement was not for another study, this agree-
ment set forth provisions for consulting services, development of -preliminary
cost estimates, make field surreys, review drawings, etc., the charges
would be charged in the following manner:
Curve B: Applies to Industrial Buildings, Warehouses, ' Garages, Hangars, and Comparable Structures; Bridges and Other Structures of Conventional Design;
Simple Waterfront Facilities; Railways; Roads and Streets; Conventional
Levees, Flood Walls, and Retaining Walls; Small Sams; Sewer and Water Tunnels
(free air); Storm Sewers and Drains; Sanitary Sewers 24 inch and Larger;
63
104
Water Distribution Lines 16 inch and Larger; Irrigation Works, Except Pumping I
Plants; and Airports Except as Classified for Curve A.
City Attorney March stated the contract, as drawn., reflected Curve B, however,
if Council desired, they could amend the contract to reflect (1) that the
City shall have the right to terminate the services at any time upon payment
of cost incurred up to the termination date and that (2) new construction
shall be charged on -Curve A.
Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to approve
the Architectual Agreement with Black and Veatch, with the changes recommended
by the City Attorney and authorize the City Manager and City Clerk to execute
the agreement on behalf of the City. Yeas: Councilmembers Bowling, Fead,
Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
Presentation of awards to Colorado
State University students for graphic layout
for City buses
Ms Susan Jones, Transportation Director, stated the City had requested that
the Graphic Art class at CSU under. the Di.rector.of_ Dr. John Sorbi.e hold a
contest for the best graphic art layout for the City bus line.. The first
place winner is William Richter who receives a $2S.00 prize and second place
winner is Mr. Ron Mirrello who receives $15.00. '
Mayor Fead congratulatfr�i the winners and expresses Council's appreciation
to Dr. Sorbie.
Request for Street Name change
Referred to City Attorney for
Resolution
Mr. Edward Gavaldon .stated the present signs in Andersonville were currently
A,B, and C., he had polled the residents and they had agreed to a change
and has submitted five names for possible changes. The names in order
were as follows: (1). Romero, (2) San Cristo, (3) Trujillo, (4) Andersonville,
(5) Barrio.
Councilman Bowling made a motion, seconded by Councilwoman Gray, to refer
the matter to the City Attorney for the drafting of a resolution including the
first three names. Yeas: Council members Bowling, Fead, Gray, Preble,
Reeves, Russell and Wilkinson. Nays: None.
Ordinance adopted on first reading
creating Street Lighting Improvement
District No. 4
City Attorney March stated a change iyus needed in the exhibit, which is a part
of the Ordinance, on the last line, the figure $0.549 should change to I
$0.486, and the words "Der abutting front foot" added. :
Councilman Russell made a motion, seconded by Councilwoman Reeves, to clange
the exhibit page as indicated. Yeas:, Council members Bowling, Fead, Gray,
Preble, Reeves, Russell and Wilkinson. Nays: None.
64
bb
City Clerk, Verna Lewis, read letters of protest fro
the "record: m.the following into
' "
1. Louis M. Clark, 131 15'est Lake
2. Gilbert H. Fechner601 West Prospest
3. Thomas M. Peck, 906 West Prospect
Mayor Fead requested the points raised in the letters should be addressed
such as whether other property owners are on arterial streets have been
assessed for lighting. City Manager Brunton stated the City picks up
the largest share in street lighting; Director of Utilities, Stan Case,
stated another question raised was "no lights in the 100 block of 1Vest Lake";
the map did not show the location, there would be lights there. The
next question dealtwith people who had already paid; these people.will be
U given credit.
W
W City Manager Brunton stated he would correspond with the above Protestants.
City Attorney March stated that this is a Special Improvement Ordinance,
and as such has to follow the law; the time for making any adjustments on
any reductions or refunds must be made at the time the assessing ordinance
is passed. Therefore, if it is the intention that this be done, there. should
be a statement of that intention at the time the ordinance is passed as
it will be assessed under a different Council.
City Attorney March advised the Council that he was advised by Mr. Roy
Bingman that another figure may not be correct in the ordinance. The
figure of $32,593.00 should be changed to $33,993.00; that would also result;
in a change of the figure on Page 2 from $23,941.12 to $25,341.12; this
would only change the City's share of the cost of the district.
Councilman Bowling made a motion, seconded by Councilman Russell, to change
the figure in Section 3 on Page 1 from $32,S93.00 to $33,993.00 and. the
figure ,on Page 2 from $23,941.12 to $25,341.12. Yeas: Council members
Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, to adopt
Ordinance No. 3, 1975 as amended on first reading and authorize the City
Attorney to prepare a motion to be made at the next hearing. Yeas: Council
members Bowling, Fead, .Gray, Preble', Reeves, Russell, and Wilkinson. Nays:
None.
Letter of protest. for Electric Rate'
increase received
Mr. Lawrence. Hall, Director of Engineering at Poudre Valley Rural Electric,
spoke to the electric rate increase (Ordinance No. 3, 1975) and read the
following letter into the record:
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Dear Mayor Fead:
I have read with interest the articles in the Fort Collins Coloradoan
concerning the proposed boost in electrical rates for the City of
Fort Collins. In my capacity as Manager of Poudre Valley Rural
Electric Association I can certainly understand the necessity of
electric utilities to have some rate increases. I would, however,
like to make a couple of comments about the last two paragraphs of
an article in the Fort Collins Coloradoan dated Monday, January 13,
1975. These last two paragraphs state In 1974, the electric depart-
ment paid $332,676.00 to the city's general fund as payment in lieu
of taxes. By comparison a privately owned utility would have paid .
$9,508.00 in taxes and a 3 percent franchise fee of about $140,000.00"..
It appears to me that the amount paid in lieu of taxes in the amount
of $332,676.00 is a reasonable amount. The part of the quotation
that I disagree with is the statement that says that a privately
owned utility would have paid $9,500.00 in taxes. That statement
would certainly give most citizens the idea that a utility operating
in the city would not pay taxes except for the franchise tax. Based
on the figures that I can glean from the article I would estimate the
property tax that a utility would pay in the City of Fort Collins
would approximate $300,000.00, which added to the $140,000.00 would
probably total well over $400,000.00. It may be true that the City '
Council and the City itself would not receive all of the property
tax; however, it certainly would offset the property tax which the
homeowner pays for the support of schools, hospitals and other
agencies which the advalorem taxes support. I feel it is unfortunate
that the last paragraph of the article was ever published since it
appears to me to be a distortion of fact and might cause some to ques-
tion other figures included in the article.
Incidentally, the average consumer, that is, one which according to
,your figures uses 440 kilowatt hours would actually have an increase
of approximately 20 percent rather than the 17 percent that most feel
they will be receiving.
Again, I would like to say that I understand the forces that have
contributed to the need for a rate increase; however, I feel that
some of the reporting might be somewhat misleading.
4Since ly,
Leon Wick
General Manager
City Nlanager Branton stated a memorandum from Staff would accompany tile ,
agenda for the next Council meeting addressing this subject.
66
b4
Charter Amendments - to be placed
on Ballot approved
Mayor Fead stated, as Mr. Anderson had pointed out, Attorney William H. Allen
had appeared before the Council and entered a request that the City Manager's
position not be placed on the ballot in April. The Council had moved to
deny the request.
Councilwoman Gray stated that at a work session, Council had decided not to
consider the designation of authority to the Planning and Zoning Board to
make routine planning and zoning decisions with the right of appeal to the
Council; also to delete the proposal that would require the Municipal Judge
ucJ to run on his record.
Councilwoman Preble spoke to the "redefinition of Library Board as an advisory
W board to the City Council" as being an item to be addressed at some time but
not at this time. Council members agreed to this procedure.
Councili%roman Gray made a motion, seconded by Councilman Wilkinson, to instruct
the City Attorney to prepare the necessary documents to put the question of
"creation of election process for new Council members filling unexpired tE.rmS"
on the ballot for the April election. Yeas: Council members Bowlinfy, Fead,
Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to
' instruct the City Attorney to prepare the documents to place the"elimination
of the provision requiring the City to make deposits in banks :in the City
without discrimination or equally" on the ballot for the April election. Yeas:
Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson.
Nays: None.
Councilwoman Reeves inquired if Council wished to discuss a change in the
age and residency requirements, perhaps as separate items on the ballot;
Councilwoman Gray also spoke to this item.
It was the concensus of the remaining members of the Council that this item had
been placed on the ballot two years ago and had been defeated, therefore,
this item would not be recommended to be placed on the ballot. City Attorney
March agreed that a court case would resolve it once and for all.
Submittal of Preapplication for Fe:ieral
Assistance for HUD Community Development
Discretionary Block Grants approver
City Manager Brunton stated Council had had a work session. on this item,
he gave a progress report on downtown redevelopment on wh-ther the City
should apply for federal funds for that development or fo_- funds
to meet the need of low-income residents in the City.
' Planning Director, Lester Kaplan, staged the City had bee:: advised that we
would be allowed to submit both applicationsand outlined e• improvements
involved in each application,'and the objectives of the legislation.
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City Manager Brunton referred to letters from Mr. Reid D. Burton of DTZ
and from Ms Beatrice M. Marvel of the Education Work Area of the First
United Methodist Church regarding a request for funding. The recommendation
of the administration is that the administration be authorized to submit
both applications to 10D.
Councilman Bowling made a motion, seconded by Councilwoman Preble, to accept
the recommendation of the administration and submit both applications. Yeas:
Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson.
° Nays: None.
(Mayor Fead left the meeting at this time).
Progress report on Central Area
Redevelopment Project accepted
City Massager Brunton stated a work session on this subject had also been held,
and advised. Council that the City ;night get money for this project from
the Urban Systems and possibly from Revenue Sharing. Council had prev-
.'iously (September 6, 1973) authorized CORAD to be the designated agent for
the Core Area Study and Core Area report.
Councilman Bowling made a motion, seconded by Councilwoman Preble, to
authorize the administration to proceed on this project as outlined. Yeas:
Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. :rays:
None.
City Attorney authorized to proceed
with the North Poudre irrigation
Company settlement
City Attorney March stated the City had negotiated with the North Poudre
lrrigation Company for certain water Works and as a result of that contract,
the City still owed- North Poudre some water. The City had acquired
sufficient waters in other companies to pay off this obligation by trans- .
ferring that stock to North Poudre.
The administration is requesting authority be given to the City Attorney and
Special Counsel, Ward Fischer, to go to court and update the plan of
augmentation to allow the transfer.
City Manager Brunton stated it should be made clear that this is an area
in which Mr. March is paid above the retainer fee as City Attorney. Mr.
Fischer is likewise paid by the water utility. This will apply to the
earlier item on the 10 second feet of water also.
Councilman Bowling made a motion, seconded by Councilwoman Preble, to adopt
the recommendation of the administration. Yeas: Council members Bowling,
Cray, Preble, Reeves, Russell and Wilkinson. Nays: None.
Other Business
.1. Assistant Mayor Gray stated Mr. Morehart had questioned the metering on
country meters. Mr. Nbrehart inquired if the City could arrange some form
of billing that would reflect an average cost over the year.
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City Manager Brunton stated he would check with Finance Director Charlie
' Cain and come with a report on the matter.
2.. Councilman Russell stated he wished Council would consider instructing
the City Attorney to prepare an ordinance asking for every merchant or
business owner to register their name and address of an interested
party with the Police Department to enable the Police Department to.
contact them in an emergency.
Councilman Russell made a motion, seconded by Councilman Bowling, to
instruct the City Attorney to draw up an ordinance. Yeas: Council
members Bowling, Gray, .Preble, Reeves, Russell and Wilkinson. Nays:
to None.
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,.� 3. City Manager Brunton stated the present Burglar Alarm System is not
UL Approved. The staff has met with UL Approved Companies, and
are requesting that the people on the service be notified of an
impending change.
City Attorney March stated the earlier contract was approved by Council
and authorization was needed to terminate the contract and authority needed
to enter into a new contract for the service. This is the automatic
burglar alarm that rings at the City panel.. City Attorney March further
stated a letter would be drafted and sent out by the Police Department
notifying all those with the present service of the propused.change.
' Councilman Bowling made a motion, seconded by Counci.lMan Russell, to
authorize the termination of the present contract mid the negotiation of
a new contract. Yeas: Council members Bowling, Gray, Preble,Reeves,
Russell and Wilkinson. Nays: None.
4. Councilman Russell stated that one year ago he had been appointed by
the Council as a special representative to .CORAD. He wished to
resign and that Council make a new appointment.
No further action taken on this item at this time.
S. City Manager Brunton stated the Council at the last session had
selected Va1.Ogden, Tom Fraiser and Elibeth Carillio to be the represen-
tatives to the Community Education Council.
Councilwomai) Preble made motion, seconded by Councilman Bowling, to
appoint the three above members to the Community Education Council. Yeas:
Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson.
Nays: None.
6. City Manager Brunton stated the City had a proclamation proclaiming
Saturday, January 2S, 1975 as Willie Miller Day. Mr. ~tiller is a
member of the CSU football team.
' 7. Resolution adopted express inn,sulvort for House Bill 1692
Assistant Mayor Gray stated this bill as proposed contains provisions desig-
nated to allow municipalities to plan orderly growth and that copies should
be sent to the legislators.
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City Clerk Verna Lewis read the resolution at length.
Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to adopt '
the resolution. Yeas: Council members Bowling, Gray, Preble, Reeves,
Russell aiui..Wilkinson. Nays: None.
RESOLUTION 75-6
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXPRESSING SUPPORT FOR ;LOUSE BILL 1092
NOW. BEFORE THE COLORADO LEGISLATURE
WHEREAS, (louse Bill 1092 is now pending before the Colorado
Legislature; and
WHEREAS, such bill as proposed contains provisions designed to
allow municipalities to plan orderly growth and to control the effects of
growth in order to eliminate the many problems now confronting municipalities
associated with the growth now being experienced, particularly among
communities along the Colorado Front Range; and
WHEREAS, such proposed bill would provide the means for estab-
lishing areas which will be incorporated into municipalities in the
future and would grant some ability to control the development of these
areas to insure that such development is compatible with the plans of '
such municipalities; and
WHEREAS, the bill as proposed provides for review of such
designated areas by other interested governmental bodies, including
counties, regions and the State; and
WHEREAS, the City Council has studied such bill and is of the
opinion that the provisions contained therein are extremely necessary
in order to control growth and to enable government at the local level
to be able to develop and implement sound plans.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City of Fort Collins herebyexpresses its strong
support for [louse Bill 1092 now before the State Legislature and recommends
that the Legislature enact such legislation.
Passed and adopted at a regular meeting of the City Council
held this 21 qt� day of jarn,;ar z , A.D. 197S.
ATIT.ST: Assistant May r
City Clerk
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8. Previous Council action regarding curb cut at Foothills Plaza
North P.U.D. reaffirmed
Associate Planner, Paul Deibel, identified the area in question and
explained that the proposal is for a commercial P.U.D. on 3.7 acres
zoned H-B, Highway Business. It would contain four buildings with 3Z,000
square feet of leasable area distributed among them.
The overriding issue raised by this proposal is that it includes a direct
curb cut onto South College Avenue. We are concerned about this curb
cut for the following reasons:
UD 1. It would provide an alternative outlet for the entire Fashion Mall
X area and we think thus might carry traffic loads in excess of its
r design capacity and in conflict with'traffic patterns on South
College Avenue, particularly in the absence of a traffic signal at
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Monroe Drive and South College Avenue.
2. It would tend to violate the frontage road program prohibiting
private curb cuts out onto South College Avenue.
City Attorney March stated Council was not being asked to approve the
plan, the problem that faces the developer is that he cannot get a plan
together without knowing the answer to the question of the curb cut.
Attorney Eugene Mitchell stated he was irritated with the situation,
' adding Council (1) asks a great deal more in terms of credibility and
reliability and dependability of a.developer than they are willing to
accept, and assume for themselves, (2) this is something that has had
vast amounts of property rights realigned, based upon a consensus that
included the Planning Department, the City Council, the owners and users
of the entire mall area.
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to
reaffirm the previous action of Council in regard to this curb cut.
Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and
Wilkinson. Nays: None.
9. City Manager Brunton spoke to the following memorandum regarding sewer
to Andersonville and Alta Vista:
In June, 1974 Andersonville and Alta Vista annexed to the City of Fort Collins.
This made it possible, for the first time, for the City to provide the sanitary
sewer system to this area. Since that time, we have been meeting and discussing
the entire situation with our Staff. There are three ways that we can construct
a sanitary sewer system to this area. Listed below is a summary of the three
methods, together with the estimated construction costs and advantages and dis-
advantages:
' 1. An interceptor sewer line to the south connecting onto the interceptor sewer
between Sewer.Treatment Plant Nos. 1 and 2. Estimated cost: $133,080.
We are not planning to use this line until Plant No. 2 is completed in the
summer of 1976. Although we could connect it onto Sewer Treatment Plant
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No. 2, at this time it would require some additional construction work.
Also, there would be a relatively low flow in the line for a 12-15 month
period. Most of the sewer main south to the interceptor line would be '
located in the area that is in the flood plain, with relatively little
chance of development and recovery of any of our construction costs.
2. Construct the sewer main to an existing sewer main west of Andersonville.
Estimated cost-: $103,320. This sewer line would require a lift station,
because of grade problems, to get the sewerage to the existing mains. Al-
though this is the most economical method of completing this project on a
first -cost basis, it could cost more money because of the continued main-
tenance and operating costs of a lift station. It is also possible to
have trouble with a lift station that would be in operation as little of
the time as this one would be. There is a possibility that we could merely
construct the wet well at first, until more people hook onto the sewer,
with the understanding that it would have to be pumped out occasionally
with the sewerage sent to one of our two treatment plants.
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3. Constructing a line to the southeast to connect onto the Boxelder Lines.
Estimated cost: $1.13,580. There would be a good chance of recovering a
large portion of the construction costs of the sewer mains east of
Andersonville. This would also give us a chance to show a spirit of coopera-
tion with the Boxelder. Sanitation District and more closely define our
boundary lines in that area.
One of our concerns deals with the fire hydrants in this area. At the
present time the people in Andersonville and Alta Vista are served by '
the East Larimer County Water District; therefore, we do not have any
water mains in this area. It would be more practical to have our fire
hydrants on existing water mains of the ELCO Water District on Ninth and
Vine Streets. Although the Boxelder Sanitation District and the ELCO
Water District are completely separate legal entities, they do have a
common General Manager and two overlapping members on their Boards of
Directors. We felt that we would obtain more cooperation on the instal-
lation of fire hydrants if we could concurrently work out something on
the sanitary sewer problem.
For some time we have been working with Berry Duff, Manager of both
Districts. Late in 1974 Art March, Jr. prepared a draft of an agreement
that was submitted to Berry Duff for consideration. Art March received
a revised draft from Gene Fischer, the attorney for Boxelder Sanitation
District, and assumed that this was a final draft that had been approved
by the Boxelder Sanitation District. At its December 1.9, 1974 meeting,
the Fort Collins City Council authorized the Mayor and City Clerk to sign
said redrafted agreement. On December 21, 1974 I received a telephone
call from Berry Duff who said that the Boxelder Sanitation District Board
did not agree to all the terms of the agreement. At that time he indi-
cated that he would send a letter to me on this matter. I talked with
I4r. Duff on January 1.4 and 15, 1975; on the 15th I arranged a meeting in
Art March's office. At that meeting Berry Duff: informed us that the Board
wanted two major changes in the agreement. One concerned the sizing and '
repayment for the water main in the Boxelder Sanitation Districtbarrier.
This we readily agreed could be handled administratively through a letter.
The major problem regarded the tap fee. The agreement that we felt had
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been approved called for the City to pay the District an amount equal to
75% of the charges so imposed upon individual property owners tapping onto
the line connected to the District system. We were proposing to charge the
residents of Andersonville and Alta Vista the standard fee charged all
other customers on the system of $4.90 per month. This would mean that the
Boxelder people would get about $3.67 per month. This arrangement is similar
to the one we have with the Cherry Hills Sanitation District which connects
to our system. Berry Duff indicated to us that they would need more than
this. At the present time they are charging their own customers $4.00 per
month plus a plant investment fee and a five -mill levy. Berry Duff estimated
that the $4.00 fee plus an equivalent mill levy of $.50 and $2.50 in lieu
of a plant investment fee would amount to $7.00. From that they would
LM deduct_$.75 for our collecting the revenue, meaning that we would have to
pay them a net of $6.25. This would be a higher fee than we would be re-
ceiving from the customers. Art March, Jr. felt that it was not legally
G.a possible for a City, on a continuous basis, to underrate the operating
costs at a higher amount than we were receiving from our customers. Other
^� customers on our City system could complain if the City started a procedure
of this type.
e
Although I can sympathize with the Boxelder Sanitation District Board's
position of not wanting to receive less revenue than'they receive from
their other customers, we, likewise, have a problem in that we do not want
to charge the customers in Boxelder and Alta Vista more than we are charging
other users in the City of Fort Collins. Therefore, it appears that it
might be necessary for us to .use one of our two other methods of installing`
this sewer. We still hope we can arrive at a workable arrangement on the
fire hydrants in the water system.
Recommendation: The Administration recommends that the. City Council confirra its
policy that if Boxelder feels it cannot morally or financially accept the terms
proposed by the City of Fort Collins, the Administration be instructed to pro-
ceed immediately with the design and construction of one of the two other
methods of installing the sewer system. In all probability we would go with
the lift station connecting onto the sewer line to the west. It is essential
that this sewer line be installed by August, 1975.
Councilwoman prebl.e made a motion, seconded by Councilwoman Reeves, to approve
the recommendation, stating for the record, the City could not pay more than
it is receiving. Peas: Council members Bowling, Gray, Preble, Reeves,
Russell and Wilkinson. Nays: None.
10. City Manager Brunton, attended also by Director of Public Works, Charles
Liquin, made an oral report on the meeting with the Water Quality Control
Commission on the exception to the toxicity requirements to the Poudre
River, also, he distributed "Request for Exception of the Toxicity
requirements in the B2 Stream Standards" prepared by the Administrative
Staff, Director of Public Vbrks, Charles Liquin and CSU.
'No action taken on this item.
11. Mr. Bob flixson gave a report on the newly installed sound system.
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12. Councilwoman. Reeves stated Council had.changed uses in the R-M zone by '
Qrdviance No. 75, 1974, she would like to have now the ordinance on the
definition of Places of Assembly. City Attorney March stated lie would
have it prepared.
Ljournment
Councilwoman Reeves made a"motion, seconded by Councilman Wilkinson,
that the Council adjourn. Yeas: Council members Bowling, Gray,
a -ble, Reeves, Russell and Wilkinson. Nays: None.
A31TST:
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