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HomeMy WebLinkAboutMINUTES-02/18/1975-Regular1 1 1 1 FChruary 18, 1975 COUNCIL (11 '17I1i Unl OI LOI:'P COLLINS, COLOIAIX) Council -Manager Donn 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 18, 1975 at 5:30 P.M. in the Council Chamber in the City of Fort Collins City Hall. Mayor Fead called the meeting to order. Present: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Staff members present: Brunton, DiTullio, Bingman, Yonker, Kaplan, Deibel, Cain and Lewis. Also -City Attorney March. Minutes of Regular Meeting of February 4, 1975 approved Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, to approve the minutes as published. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, and Wilkinson. (Councilman Russell out of room). Amendment to Resolution 75-9 with California State Personnel Board approved City Attorney March advised the Council that at the February 4, 1975 meeting, The Council had adopted a resolution having to do with a contract on testing pro- cedures with the State of California, the resolution named the manager by name but not by title. It is necessary to amend the resolution to insert the title. Councilwoman Preble made a motion, seconded by Councilwoman Gray, to amend the resolution by inserting the title of the City Manager. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Wilkinson. (Councilman Russell out of room). Meeting scheduled for adjourned meeting of March 4, 1975 City Attorney March and City Manager Brunton spoke to the need for determining a meeting date to replace the regular meeting of March 4, 1975. City Attorney h1rch advised the Council that final passage of an ordinance could not be 'had at a non -regular meeting date. Mayor Fead stated hewould suggest that the March 4, 1975 meeting be adjourned to Marcia 11, 1975. Council members concurred with this suggestion. -131 Deed for Eight Acres of Land on the Poudre River from the ' U. S. Forest Service accepted Mr. Robert J. Arkin , Assistant Regional Director of BOR, stated he had the deeds and a certificate to present to the City for the eight acres which represents surplus lands to the needs of the federal government. The conveyance of this land represented a program in total, nation wide, which has conveyed over 47,000 acres of federal land with a fair market value exceed- ing $141,000,000.00. Mayor Fead received the certificate on behalf of the City and expressed the City's pleasure in receiving the property next to the Poudre River. City Manager Brunton expressed the Administration's thanks to H. R. Phillips and Randy Balok for preparing an excellent proposal. Councilman Russell made a motion, seconded by Councilman Wilkinson, to remove the acceptance of this deed from the table for consideration. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to accept the deed. Yeas: Council members Bowling, Fead, Gray, Preble, Peeves, Russell and Wilkinson. ,lays: None. , Ordinance'calling for Charter Amendments adopted on second reading Councilwoman Gray made a motion, seconded by Councilwoman Preble, to adopt Ordinance No. 6, 1975 on second reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO. 6, 1975 BEING AN ORDINANCE SUBMITTING CERTAIN PROPOSED CHARTER AMENDMENTS TO THE QUALIFIED ELECTORS OF THE CITY AT THE GENERAL CITY ELECTION TO BE HELD ON APRIL 8, 1975 WHEREAS, the general City election will be held on April 8, 1975; and WHEREAS, the City Council has reviewed the City Charter and desires to submit certain Charter amendments to the qualified electors of the City at the general election. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TILE CITY OF I FORT COLLINS: At the general City election to be held on April 8, 1975, the following proposed Charter amendments shall be submitted to a vote of the qualified electors of the City. -132- 133 ' Referred Charter_ Amendment No. 1. Amend Section 18, Article I1 of the Charter to read as follows: "All elected officers shall hold office until their successors are elected and qualified. Any vacancy in an elective office shall be filled within thirty (30) days by appointment of the Council until the next regular election, when the vacancy shall be filled by the electors for the remainder of the term, if any. Any person appointed to fill a vacancy for an unexpired term in an elective office shall LO have the qualifications required of persons to be 00 regularly elected. In the case of a vacancy repre- U senting a member elected from a district, any person W appointed or elected to fill such vacancy shall be W from the same district. A vacancy shall exist when a member of the Council fails to qualify within thirty (30) days after the commencement of his term or if he dies, resigns, removes from the City, or absents himself from meetings of the Council for sixty (60) days, unless excused by resolution thereof, or if lie is convicted of a felony or is judicially declared a mental incompetent." Referred Charter Amendment No. 2. Amend Section 11, Article V of the Charter to read as follows: "The cash balance of the City shall be deposited or invested in accordance with the ordinances of the City." Referred Charter Amendment No. 3. Amend Section 2, Article II of the Charter by deleting therefrom the phrase "at least twenty- five years of age" and by substituting therefor the following phrase: "at least twenty-one years of age." Introduced, considered favorably on first reading, and ordered published this 4th day of February, A.D. 1975, and to be presented for final passage on the 18th day of February, A.D. 1975. ATTEST: M4 or� — City Clerk -133- 4�44 Passed and adopted on final reading this 18th day of February, ' AD. 1975. ATTEST: Mayor City Clerk. First reading: February a, 1975 (Vote: Yeas: 7, Nays: 0) Second readin,: February 1.8, 1975 (Vote: Yeas: 7, Nays: 0) Dates published: Fchruary 9 and 23, 1975 Attest: NO City Clerk Ordinance relating to the security of buildings and businesses in the City adopted ' on first reading Councilman Wilkinson inquired whether in office buildings, such as First National and Home Federal Savings, which housed up to 7S occupants, the intent was to get the names and addresses for every individual in the building? City Attorney March stated, as drawn, the ordinance does not require the business owner to register with the Police Department, but rather makes it the duty of. the Police Department to maintain a register. Councilman Russell node a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 7, 1975 on first reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and A,ilkinson. Nays: None. Ordinance relating to Places of Public Assembly adopted on Second Readinsz- Councilman Bowling stated Council had passed a previous ordinance which would allow the Board of Realtors to make use of the Mercy Chapel property. It now appeared that,the Realtors had not purchased the property. City Attorney March stated the original ordinance Councilman Bowling was referr- ing to was the adding of churches in the R-M zone, and this ordinance was a refining of that provision. Councilman Bowling stated he felt the Board of Realtors should have notified the Council of the status of this purchase. City Attorney March also stated the variance granted by the Council expired if the Board of Realtors did not purchase _1zd- 1b ' the Mercy Chapel. Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 8, 197S on second reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO. 8, 197S BEING AN ORDINA,\'CE AMENDING SECTION 118-11 OF THE CODE OF THE CITY OF FORT COLLINS 00 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: W That Section 11S-11 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding thereto a definition of meeting places and places for public assembly as follows: "Meeting places and places for public assembly as used in Section 118-43 of this Code shall mean a hall, auditorium or other suitable room or rooms used for the purpose of conducting meetings of ' the membership and guests of the occupant of such structure. The same shall not include commercial endeavors such as commercial moving picture houses, stage productions or the like." Introduced, considered favorably on first reading, and ordered published this-4tH day of February, A.D. 1975, and to be presented for final passage on the 18th day of February, A.D. 1975. ATTEST: Mayor_ _ City Clerk Passed and adopted on final reading this 18th day of February, A.D. 1975. ' ATTEST: Mayor" -"'' .,ity.Clerk First reading: February 4, 1975 (Vote: Yeas: 7, Nays: 0) Second reading: February 13, 1975 (Vote: Yeas: 7, Nays: 0) ' Dates publisha1: February 9 and 23, 1975 Attest: City Clerk Ordinance relating to Vehicles and Traffic adopted on first reading Mayor Fead stated this ordinance brings the City into conformance with the State regarding school busses. Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 10, 1975 on first reading with final passage on March 4, 1975. Nays: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Ordinance creating election precincts in the City and establishing polling places within such precincts adopted on second reading Councilman Russell made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 11, 1975 on second reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO. // , 1975 BEING AN ORDINANCE CREATING ELECTION PRECINCTS IN THE CITY AND ESTABLISHING POLLING PLACES WITHIN SUCH PRECINCTS BE I.T ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That there are hereby created forty-four (44) election precincts in the City of Fort Collins to be known and designated as follows and with polling places within such precincts as follows, to -wit: I� PRECINCT NO. POLLING PLACE 12-13 Louck's Realty - 1475 North College Avenue 17 Volunteer Clearing House - 401 Linden Street 18 Holy Family School - North Whitcomb F, Cherry Street 19-20 Calvary Baptist Church - 1401 {Vest Vine Drive 22 Fire Station No. 2 - City Park 23. - Putnam School - 1400 Maple Street , 24 LaPorte Avenue School - 714 LaPorte Avenue 25 Washington School - 223 South Shields Street 26 Dunn School - 501 South Washington Street 27 County Courthouse Auditorium - 200 {Vest Oak Street 28 Lincoln Jr. Iligh School - 417 South Meldrum Street 174 29 United Bank Building, Poudro Room ' 401 South College Avenue 30 DMA Plaza, 300 Remington Street 31 Fire Station No. 1 - Mulberry $'Peterson Streets 32 Harris School - 301 Elizabeth 33 Fort Collins High School - 1400 Remington Street 34 First United Methodist Church - 1005 Stover Street 35 Lesher Jr. High - 1400 Stover Street 36 Poudre Valley Memorial Hospital - 1024 Lemay Avenue 37 Riffenburgh School - 1320 Stuart Street 38 Barton School - 703 East Prospect Street 39 St. Luke's Episcopal Church - 2000 Stover Street 40 Fire Station No. 3 - Spring Park Drive 41 O'Dea School - 312 Princeton Road ,ram 42 Allison Hall, Colorado State University t7 43 Ellis Hall, Colorado State University 44 Plymouth Con.eregationnl Church - 916 West Prospect 45 St. Thomas Lutheran Chapel - 805 South Shields Street. 46 St. Paul's Episcopal Church - 1208 West Elizabeth Street 47 Bennett School - 1413 South Shields Street 48 Moore School - 1905 Orchard Place 49 Westminster United Presbyterian Church 1709 West Elizabeth Street 50 Shepherd of the Hills Lutheran Church 1200 South Taft Hill Road ' 51 Bauder School - 2345 West Prospect Street 53 Bauder School - 2345 West Prospect Street 52 Bethel Baptist Church - 833 South Taft Hill Road 54 Blevins Jr. High - 2010 South Taft Hill Road 55 Free Methodist Church - 1516 West Prospect Street 56 Foothills Unitarian Church - 1815 Yorktown Avenue 57 Colorado State Game $ Fish - 317 West Prospect Street 58 Beattie Elementary School - 3000 Meadowlark Avenue 59 Foothills Fashion Mall - 215 Parkway 60 Boltz Jr. High - 720 Boltz Drive 61 Collindale Club House - 1441 East County Road #40 Section 2. The boundaries of the election precincts as herein created in the City of Fort Collins, Colorado, are hereby fixed and estab- lished as shown on the map entitled "Precinct Map" dated January 30 1975, wliich.map accompanies this ordinance and is hereby made a part hereof. Section 3. Sections 9-7 and 9-8 of the Code of the City of Fort Collins are hereby repealed. Introduced, considered favorably on first reading, and ordered published this 4th day of February , A.D. 1975, and to be ' presented for final passage on the 18th day of February A.D. 1975. -137- ATTEST: Mayor City Clerk Passed and adopted on final reading this 1fS day of A:D. 1975. ATTEST: City Clerk 1 1 1 138- 131 � C-Z 13 12 - -- - ---- --- ,� • li v' = ��' _= 14 20 1 f 23= 24 T �` — 17 c\ 77 _ _� 22 �� 2 5-01\4 52 �{ 45 43 I 32 34 _� \ 53 t✓g 47 ---5--f'�`'�; 36 G - .13 Prospect 33 F ti 55 38 T �. 57 56 37 7-7 O,cke Rood f -41:-' I 58 � . -- - -- 59 61 ( 71 ............ PRECNCT MAP N I ` Ja, ry 30• i975 FORT COLLINS, COLORADO' _•_._:...,•.:.,,_,..j, ; 1A U First reading: February 4, 1975 (Vote: Yeas: 7, Nays: 0) Second reading: February 1.8, 1975 (Vote: Yeas: 7, Nays: 0) , Dates published: February 9 and 23, 1975 Attest': City Cler Ordinance calling for and providing for the General City Election to be held in the City of Fort Collins on Tuesday, the 8th day of April, 1975 adopted on second reading Councilwoman Preble made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 12, 1975 on second reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO. L, 1975 BEING AN ORDINANCE CALLING FOR AND PROVIDING FOR THE GENERAL CITY ELECTION TO BE HELD IN THE CITY OF FORT COLLINS, COLORADO, ON TUESDAY, THE 8TH DAY OF APRIL, 1975 WHEREAS, Article XVI, Section 2, of the Charter of the City of ' Fort Collins provides for a General City Election to be held on the first Tuesday after the first Monday in April, 1955, and biannually thereafter; and WHEREAS, said Charter further provides that the Council shall provide by ordinance for the manner of holding said elections and such additional regulations, in respect thereto as may be necessary to accomplish the intent of the Charter. NOW', THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the General City Election be, and the same hereby is, called as provided by law to be held in the several precincts of the City of Fort Collins, Colorado, on Tuesday, the 3th day of April, 1975. At such election three members of the City Council (at large) shall be elected to hold office for four (4) years fro.*.: the first Tuesday in April after the second Monday in April, 1975. In accordance with ' Section 4(b), Article III, of the Charter of the City of Fort Collins, there shall further be submitted to the qualified voters at such election the question whether Robert L. Brunton, City Manager of the City of Fort ' Collins, shall be retained in office. At such election: there shall also be submitted to the qualified voters such Charter amens:::=nts and other measures as are to be voted'on. -140- 141 1 1 Section 2. Said election shall be held and conducted as nearly as may be practicable in the manner prescribed by the Dfuni.cipal Election Code (Article 10, Title 31, C.R.S. 1973). Each person offering to vote in said election must be a qualified elector registered to vote in the City of Fort Collins. Voting machines shall be used at the election., Section 3. The City Clerk shall publish such notices of the election and of the candidates and issues to be voted upon as may be required by law.. Section 4. The Board of Elections shall provide for determination of the winner in event of tie vote, for canvass of returns of said election and for issuance of appropriate certificates as provided in Section 6 and 12 of Article XVI of the City Charter. Introduced, considered favorably on first reading, and ordered published this 4th day of February A.D. 1975, and to be presented for final passage on the 18th day .of February , A.D. 197S. ATTEST: �MayV- City. Clerk ' Passed and adopted on final reading this 1B day of �eOl-24siy , A.D. 197S. ATTEST: Mayor' City Clerk First reading: February 4, 1975 (Vote: Yeas: 7, Nays: 0) Second reading: February 18, 1975 (Vote: Yeas: 70 Nays: 0) Dates published: February 9, and 23, 1975 F Attest: City Clerk M 141 �) V1U111dM_V d11UJIU1118 Luc ..vLLC �OuI ,1V11 11L-JJ) 1C10.1.1v\. .._ m/I average billing on the hater Utility adopted on first reading Councilwoman Reeves inquired how the public would be informed of the provision of the ordinance. City Manager Brunton stated this could be advertised the way Public Service does, or by form letter. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves,. to adopt Ordinance No. 13, 1975 or, first reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: __None. Decision of -onim; 1'•onrd of Appeals denyin,, Dr. Richard Fahrenllruch's put it ion ;No. 565 reversed City Attorney Marcia stated this matter had been heard by the Zoning Board of Appeals, they turned dome the variance which has been appealed to the Council. Unlike liquor hearings, there is no record, the minutes are attached and Council could hear other evidence. Attorney George Hass representing the petitioner Dr. Richard Fahrenbruch, stated the nature of the request was for a variance of the off-street parking requirements. The present building had 30 off-street parking spaces, the proposed addition trould'require an additional four off-street parking spaces, not five as presented at the Zoning Board of Appeals meeting. The use of, the building is a medical clinic which houses three uses. Dr. Richard Fahrenbruch, 10=9 Lukc Street, gave testimony for the reason and the purpose of the addition to the building, and the use of the present parking places. Attorney Hass stated that at the Zoning Board of Appeals a petition in opposition had been presented, he requested Dr. Iahrenbruch to address that subject. Dr. Fahrenbruch stated that both Dr. Fonken and he had had an opportunity to review their plans and that the problem had arisen through lack of connnunication with the Doctors' Medical- Center, and each .signatory had been contacted and without exception they had witlidrai,n their opposition. Councilman Russell made a motion seconded by Councilman IMki.nson to grant the variance of four off-street parking spaces so long as the building remains a medical facility. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves; Russell, and lVilkinson. Nays: None. Resolution adopted approving a grant of easement to the United States of America. Councilwoman Reeves made a motion seconded by Councilman P;ilkinson to adopt the resolution. Yeas: Co.uicil members Bowling, Fead, Gray, Prcble, Reeves, Russell, and 11ilkinson. Nays: None. RESOLUTION 75-10 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A GRANT OF EASEMENT TO UNITED STATES OF AMERICA WHEREAS, the City of Fort Collins has heretofore conveyed to the United States of America the site for the Poudre Sub- station of the Bureau of Reclamation, Department of Interior; and I- I 1 142 14 6-. ' WHEREAS, the City has requested that the Bureau of Reclamation add landscaping improvements in connection with their substation to be constructed, such improvements -to be on lands owned by the City; and WHEREAS, before the Bureau of Reclamation can make such improvements it is necessary that an easement be granted to the United States of America authorizing the same; and WHEREAS, a grant of easement has been prepared which UM has been approved by the City Manager and City Attorney, and the City Council now desires to approve and authorize the same. U NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY Cz7 OF FORT COLLINS that the terms and conditions of said grant of easement be, and the same hereby are, approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute said grant of easement. Passed and adopted at a regular meeting of the City Council held this 18th day of February, A.D. 1975. ATTEST: ayo City Clerk Resolution adopted indicating intent to join with other general purpose units of local government in the I.arimer- Weld Regional Council of Governments Area to develop and implement a plan resulting in a coordinated Waste Treatment Management System for the area City Manager Brunton stated the Administration had appeared before the I.arimer- Weld Council of Governments to tall: about the 208 Plan. The Administration mould prefer that the planning in tho 208 area were done locally by the City of Fort Collins through the Planning Department. Councilman Bonding made a motion seconded by Councilman Wilkinson to adopt the resolution. Peas: Council mombers Bowling, Fead, Gray, Preble, Reeves, Russell, ' and Wilkinson. Nays: \'one. Councilwoman Reeves made a motion seconded by Councilman Bowling to direct the Administration to request that the City do the Fort Collins area part of t!ie study. Yeas: Couicil members Bowling, Fead, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: \`one. 444 RESOLUTION 75-11 OF TIlli COUNCIL 01 THE CITY OP FOITI' COLLINS INDICATING INTENT TO JOIN WITH U'IHIA' GENERAL PURPOSE IINITS 01' LOCAL GOVI!RI!AII.NJ' IN fill: LARIMIiR-WELD REGIONAL COUNCIL 01: GOVERNMENTS Al;l!A TO DLVELOP AND MENT A PLAN RESULTING IN A COORDINATED WASTE TREATMENT MANAGEMENT SYS'I'IiM FOR ° THE AREA' WHEREAS, pursuant to Section 208 of the Federal Water Pollution Control Act Amendments of 1972, P.L. 92-SOO (hereinafter called "the Act"), the Adminis- trator of the United States Environmental Protection Agency has by regulation published guidelines for the identification of those areas which, as a result of urban -industrial concentrations or other factors, have substantial water quality control problems (40 CFR Part.126); and . WHEREAS, the Larimer-Weld Regional Council of Governments area (hereinaf- ter called "the Area") satisfies the criteria contained in the Act and guidelines, and designation of the area pursuant to Section 208 and those guidelines is de- sirable; and WHEREAS, Section 126.10 of the guidelines requires, among other things, that the affected general purpose units of local government within the problem area must show their intent, through formally adopted resolutions, to join to- gether in the planning process to develop and implement a plan which will result in a coordinated waste treatment management system for the area; and WHEREAS, such planning process and waste treatment management system is , a necessary and significant measure to control present point and non -point sources of water pollution and to guide and regulate future development and growth in the area which may affect water qualify, in order to prevent, abate and solve exist- ing and potential substantial water quality control problems; NOW, THEREFORE, IT IS RESOLVED that the City'of Fort Collins, recognizing that the Larimer-Pleld Regional Council of Governments area has substantial water quality control problems, supports designation of the Area pursuant to Section 208 and the EPA guidelines. IT IS FURTHER RESOLVED that the City of Fort Collins intends to join with other affected general purpose units of local government within the boundaries of the area to develop and implement a plan which will result in a coordinated waste treatment management system for the area.. IT IS FURTHER RESOLVED that all proposals for grants for contruction of publicly owned treatment works within the boundaries of the designated area will be consistent with the approved plan and will be made only by the desig- nated management agency. Passed and adopted at a regular meeting of the City Council held this 18th day of February, A.D. 1975. ATTEST: May r� 6' City Clerk 144 1.45 Changes in trash collection referred to ' City Attorney City Manager Brunton stated Council had discussed several proposed changes in the trash collection ordinance. The request included consideration of allowing trash containers on the front curb line. Council is awaiting a recommendation on the proposed increases from the trash haulers. Prior to Council's making a decision on the policy question the present ordinance co.:' be amended to delete the bond requirement and the two sections pertaining to application and fee charges at the landfill. Mayor Fead requested that the trash haulers have the information prior to the LM March 11, 1975 meeting. 00 U Councilwoman Preble made a motion seconded by Councilman Bowling that the City W Attorney, be requested to prepare an ordinance rmiondi.ng the present trash W ordinance to delete the bond requirement :uid the sections pertaining to the landfill. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. Various easements and dedication deeds accepted Grant of easement at 2300 West Mulberry-- The Fort Collins Housing Authority ' ne a sewer casement in connection with their housing projects. The easement costs $2,000 which is being paid to the City for various plant investment and sewer tap fees. Dedication deed for additional City Park Avenue right-of-way -- The City receive a e ication doe for 0.4672 acres from tine State Board of. Agriculture for additional right-of-way on City Park Avenue. This extends City Park Avenue from West Plum to West Elizabeth. This area was paved by the City in 1974. Councilwoman Gray made a motion seconded by Councilman Bowling to accept the above mentioned casement and deed. Yeas: Council members Bowling, Fead, Gray, Preblc, Reeves, Russell, and Wilkinson. Nays: None. Elliott -Miller Foothills West Subdivision Thirteenth Filing approved Paul Deibel, Planning Associate, stated this is a one -lot subdivision, designed to.accomodate a 7-Eleven Store. Both the Planning and Zoning Board and the staff recommended approval, providing a 15-foot landscaping easemont. City Attorney March stated if Council desired, there is a utility agreement that will accomplish the desired landscaping; therefore the plat should be approved with the deletion of 1S-foot landscaping utility casement as shorn on the plat and the substitution of a 6-foot utility easemont, and the provision on the utility agreement that landscaping would be provided for the 10-feet of street 'right of way and the adjoining 5-feet within the utility easement. Councilman Bowling made a motion seconded by Councilwoman Gray to approve the plat of the Elliott -Miller Foothills West Subdivision Thirteenth Filing with the provisions outlined by the City Attorney. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell, and Wilkinson. `days: None. 7nr 1:4'b Resolution adopted approving agreement to be entered I into with the East l.arimer County ;%'ater Distl'i.ct City Manager Brunton stated: In June, 1974 the City of: Fort Collins annexed Andersonville and Alta Vista to the City of Fort Collins. Primarily, we have been working on providing sanitary sower services to these two areas; however, there are still a few problems that we are attempting, to resolve concerning this matter. At the time of annexation the people indicated that they would prefer to remain on the local hater system. The City of Fort.Collins does not have any water ruins in the close proximity of this area. We do, however, need fire hydrants in order to provide fire protection to the citizens. We have been negotiating with the East Larimor County hater District regarding fire hydrants, and recently tentatively approved an agreement subject to the City Council's approval. This agreement provides for the City to pay for the cost of the water main extension which would be necessary and to pay a charge of $20 per hydrant. Mr. Brunton stated it should be understood that the water utility would not absorb this cost but it should be absorbed by the Seven Year Capital Improvements Program. Councilman Wilkinson made a motion seconded by Councilwoman Gray to adopt the aforementioned resolution and authorize the City Manager and the City Clerk to sign the aforementioned agreement with the understanding that it will be ' charged to the Seven Year Capital Improvements Program. Yeas: Council members Boling, Fead, Gray, Preble, Reeves, i:ussell, and Wilkinson. Nays: None. RESOLUTION 75-12 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH TIE EAST LARIMER COUNTY WATER DISTRICT WHEREAS, the City desires to install hydrants for fire protection in the areas of the Anderson Place Subdivision and the Alta Vista Subdivision; and WHEREAS, no City water mains are available to serve such areas bui these' areas are served by mains of the East Larimer County Water District; and WHEREAS, an agreement has been negotiated between the City and such district providing for the installation of hydrants to provide fire protection and to be served by the mains of the East Larimer County Plater District; and WiiEREAS, such agreement has been approved by the City Manager and the City Attorney, and the Council now desires to approve and authorize , the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreement be, and the same hereby are, accepted and approved; and ,Ae 1-4'a - ' BE 1T FURTHER RESOLVED that the City ., Y Manager 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 /00 day of ���� .�ri A.D. 1975. LID 00 j.� ATTEST: Mayor' city' Clerk. Report on curb cut on Lemay Avenue (Eventide South Nursing Home) received J The following is the Director tf Engineering Services, Roy Bingman, report on this matter: Cliere have been two unit development plans approved indicating driveways onto Lemay Avenue from the Eventide South Nursing Ibme. The first was approved in Jule 1972, and appears to indicate three driveways onto Lemay north of Stuart Street. A revised unit -development plan was approved in December 1972 by the Planning and Zoning Board and City Council indicating one curb cut in the same area. The actual location of the driveway was revised to the south in September 1974 because of the elevation of the parking area, and the need for less steep access from Lemay Avenue. Joe Rice, Traffic Engineer, was involved in the relocation last fall. Joe Rice, Don Parsons, and I viewed the sight distance from the driveway this week. There is a good view to the north on Lemay, and adequate sight distance to the south. When one is in the driveway waiting to enter Lemay, cars are visible in the intersection of Stuart and Lemay, approximately 300 feet south of the driveway. The addition of a traffic signal at Stuart and Lemay will increase safety with respect to the driveway. Council received this report. No further action taken on this subject. -147- -k4 8• Executive Session called during dinner break Councilwoman Gray made a motion seconded by Councilman Russell to go into executive session over the supper hour, without the press, for the purpose of discussing personnel matters. Yeas: Council members Fead, Gray, Preble, Reeves, and Wilkinson. N'ays: Council members BoWling and Russell. Plaques presented to retiring City employees Mayor Fead presented plaques to Mr. Herman Uhrich for more than 29 years of faithful and dedicated service to the City of Fort Collins, in the Light and Power Department and to Luthur S. "Mize in sincere appreciation for more than 21 years of faithful and dedicated service to the City of Fort Collins, also in the Light and Power Department. Proclamations Mayor Fead read at length a proclamation proclaiming March 9 through March 15, 1975 as Girl Scout Week in the City of Fort Collins. The proclamation was received by two Brownie members. e Citizen Participation 1. Mr. Andy Anderson, President of the Concerned Citizens for Choice City Government Committee, inquired into the newspaper article which alleged that department head positions had been advertised without their knowledge. City ;Manager Brunton stated after talking with the Council in executive session, the administration would prepare a release on this. 2. Mr. Anderson inquired if it was the Council's plan to include all defendants ill the recent suit brought against the City Council et al to keep the Vote of Confidence for the City Manager off the Ballot. City Attorney March stated Council would have to take a position on this question and would probably do so later in the meeting. 3. Fire Chief Yonker appeared before the Council and commended the following City Departments for their assistance in the fighting and control of a fire at the Northern Hotel. 1. Police Department 2. Light and Power Department 3. Administrative Services, Maintenance Shop. 4. Publ=_c Works, Street and Rater Departments Airport Budget and Airport Master Plan Funds approved for Transfer City Manager Brunton stated the major concern of the Airport Board is the fund- ing for 1975. The Board needed the allocation for 1975 to be transferred to the Airport Fund in order to apply to the FAA for their allocation to be made in July. 1 1 1 '148- 14 y ' Airport Board Chairman RobcrL Norton, spoke to the needed improvements rit the airport. Mr. Constantine, Airport DLviager, also testified to the improve- ments to be made. Council discussed at some length that tare approval of a transfer of fu:ids would not necessarily mean an approval of any expansion or approval o= a Master Plan. Council also requested the Airport Board to report to the Council on the blaster Plan. Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to authorize the transfer of $25,000 to the Airport Fund. Yeas: Cotmcil members u� Bowling, Fead, Gray, Preble, Reeves and lVilkhison. (Councilman Russell out flO of room) WRole of the Coordinating Commission [z7 for Senior Citizens with regard to the Coloradoan Building reviewed City Manager Brunton stated the administration had been requested by the Senior Citizens Commission to seek clarification on the uses to be made of the Coloradoan Building. Dr. Charles N. Shephardson stated the Senior Citizens have been interested in the building and its uses. Since it was first suggested that it be acquired; ' Council has assigned the use of the building to the Parks and Recreation Department. The Commission is concerned that there is no central focal point for the activities of the social services for Senior Citizens. Dr. Shenhardson listed the many agencies involved in this area and the issue now is to get clearly from the Council whether or not they visualize that this type activity be included in the center at the Coloradoan building, and if so, that it be made clear so that between the Parks and Recreation Board and the Senior Citizens Commission, they could work together on what can be done there. Councilman Russell spoke to the possibility of negotiating for the Post Office building as a central information location; Councilman Bowling stated he felt the Council had directed that the building be shared by Parks and Senior Citizens. Mayor Fead stated the study of uses of the building was a matter for the administration to undertake and then make, reconnendations to the Council. City Manager Brunton stated all the Senior Citizens wanted was assurance the Council 'that they had equal input into at least saving what they i-:anted in the building. Councilwoman Gray stated she felt the Parks and Recreation Board would coordinate all these efforts as a public Board. Councilwoman Reeves made a motion, seconded by Councilman Bowling, to again give direction to the administration to include the input from the Senior Citizens Commission in the study to be made on the use of the Coloradoan building. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Wilkinson. (Councilman Russell out of room) -149- 15U a Report on Proposed Peoples Ordinance No. 1, and Proposed Peoples Ordinance ' No. 2. City Attorney March stated he could cover the two proposed Peoples Ordinances tc•gether; as. -sliming that the petitions are in proper form, the Charter requires Council to take action to adopt the Ordinance proposal within 30 days, or .if that is not done, to put it on the ballot. In the case of Peoples Ordinance No. 1, there seems to be no question that the qualifications for an initiated Ordinance are there and Council should take action to either adopt the Ordinance, or put it on the ballot. In the case of Peoples Ordinance No. 2, the Election Board has not made a determination as to whether the proper number of qualified electors has signed tine petitions; they will make a determination based on C oimnon C ause C.ase and the other guide lines. Council will not have another meeting in time to take official action beyond this present risoting, therefore, the City Attorney requested that Council make a determination as to whether Council will pass either Ordinance, if not the City Clerk should be directed to place the two ordinances on the ballot. Peoples Ordinance No. 1. BEING AN ORDINANCE CONCERNING TIT] LOCATION OF CITY LIMARY BE IT ORDAINED BY TIM COUNCIL OF THE CITY OF FORT COLLINS: , Section 1. That the City Library for the City of Fort Collins shall be located in and upon the real property located in the County of Larimer, State of Colorado, described as follows: Block 142, City of Fort Collins said real property also known as "Lincoln Park"; and also known as "Library Park." Section 2. Nothing in this Ordinance shall prohibit the establishment of branch libraries at other locations, provided that said branch libraries are smaller in size than the aforesaid City Library. Councilwoman Preble made a motion, seconded by Councilwoman Gray, not to adopt proposed Peoples Ordinance No. 1. Yeas: Council members Fead, Gray, Preble and Reeves. Nays: Council members Bowling, Russell and Wilkinson. City Attorney March stated the above vote would automatically indicate this item would be on the ballot. City Attorney March then stated that if Council would assume that the necessary correct number of signatures are verified on proposed Peoples Ordinance No. 2, I Council should indicate their desire to either adopt the Ordinance or not to adopt it. -150- 1 5.1 PEOPLES ORDINANCE NO. 2. o BE Y1' ORD.NNED 13Y TIM COUNCIL 01: '1'IIL' CITY OF FORT' COLLINS: Th, certain park known as Lincoln Park, described as Block 142 ill the Cite of Fort Collins, shall continue to be a public park and after the adoption of' this ordinance, no more than five percent of the area now devoted to open -space park purpose shall be used as the site for construction of additional buildings or parking facilities. . LID Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to deny 00 adoption of the Ordinance. Yeas: Council members Bowling, Fead, Gray, Reeves, r-I Russell and Wilkinson. Nays: Councilwoman Preble. U W Councilwroman Gray made a motion, seconded by Councilwoman Preble, to direct the Board of Elections to put this proposed Peoples Ordinance on the ballot if the Board determines that tire necessary number of qualified electors signed the petition to meet the Charter requirements. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. (Councilman Wilkinson out of room). Mr. Andy Anderson and Mr. Steve Smith spoke to the qualifications for signing petitions, and Mr. Smith stated the initiators of Proposed Peoples Ordinance No. ' 2, would have the signature question cleared up by the end of the week, and Council could be confident and feel comfortable in taking action to put the Ordinance on the ballot. Utility Rate Rebate Referred to City Attorney. for Ordinance preparation City Manager Brunton stated this question had been raised by Councilman Russell, and referred to the Senior Citizens Commission for study. Dr. Charles Shepardson stated Council has previously granted a rebate of City property taxes for senior citizens and that any utility rebate should be based on the same qualifications. The recommendation is as follows: We recommend that the utility rebate be based on a combined application with t e tax re, ate, that it be paid annually in one check with the tax rebate and that it be a flat amount of $25.00 per year based on the average increased utility cost of $21.24 plus the otherwise contemplated cost of $3.25 per check if based on individual billings. Councilman Russell made a motion, seconded by Councilman Boi•;ling, to instruct the City Attorney to prepare an Ordinance reflecting the $25.00 per year refund. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. Fire Station.relocation approved At its February 11, 1975 Work Session, the City Council hearth report on the proposed relocation of Fire Stations No. 2 and No. 3. The initial study of optimum Fire Station locations was done under computer model of PTI (Public k J Z 1'eclmology, Inc.). It should he clearly understood that we are a member of P'I'I and therefore eligible to use their model; however, except for the expert assistance and the use of the computer model,, this work was done by the City staff, including Assistant City Manager Mike Dillillio, Fire Chief Ed Yonher, the then -City Planner Bill Kane, and Assistant Fire Chief Don liisam. We are including a copy of the total fire station report with this agenda so the report gets better public circulation. According to our best information-., the City can save money by abandoning and constructing two new fire stations. Both of these fire stations have many alternate uses. The City Council indicated some favorable consideration to this program. Recommendation: The Administration recommends that the City Council authorize the City Administration to proceed with the negotiation for two optimum site locations for the new fire stations. At the same time the City Administration should recommend the highest and best alternate suggested uses of the existing two fire stations. The architect for the fire stations, Jim Cox, will be kept informed before the various phases are completed on this project. Councilman Bowling made a motion, seconded by Councilwoman Preble, to accept the recommendation of the Administration. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Other Business 1. City Attorney March stated it was necessary that Council make a decision as to which side of the controversy (City Manager vote of confidence suit) they wanted him to support. Councilwoman Preble made a motion, seconded by Councilman Bowling, to instruct the City. Attorney to make pleadings in agreement with the Plaintiffs. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Z. City Attorney March stated Council has received an appeal on a decision that the Liquor Licensing Authority made on an application for a Retail Liquor Store. The appeal is by someone opposed to the granting of the license. Council needs to set a hearing date and notify the interested parties. Councilman Russell made a motion, seconded by Councilwoman Preble, to set the hearing .date for March 4, 1975. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. (Secretary's note -- this item will be an item to the adjourned meeting of March 11, 197S). 3. City Manager Brunton stated he had a number of announcements. (a) a letter of resignation from Mr Contractor's Licensing Board. (b) a letter of resignation from Mr Preservation Commission. (c) a several week shut dorm at the do substantial work in painting of the deck. Al Hockett on the BuildiAg and James Cox on the Landmark's indoor swimming pool in March to the pool and improving the safety 1 III III 1 -3.. (d) an item to be on the next Council mccti.ng on CSU's request for :t reduction of their sewer rate -- based on the infiltration study. (e) an item to be on at a future Council meeting regarding the Plant Investtment Pees. (f) an item be be on a future Council meeting regarding the possible purchase of the Cherry Hills Sanitation District. t[J (g) a statement of possible site selections for the Ludlow Estate funds. UO (h) Use of Consultants -- (Report in Central Files). CAL.` 4. Mayor Fead stated there :acre also vacancies on tie Human Relations CL7 Commission, now the Landmark Commission, Building Board of Appeals and Senior Citizens Commission. Councilwoman Preble made a motion, seconded by Councilman Wilkinson, to appoint Fran Thompson to the Conmmity Education Advisory Council. Teas: Council members Fead, Gray, Preble, Reeves and Wilkinson. (Councilmen Bowling and Russell out of room) S. City Manager Brunton announced that several governmCa ental agencies were to meet to discuss a possible outlet from Horsetooth Reservoir. 6. Councilwoman Reeves inquired how the City is fairing in getting antici- pated revenues specifically, how this would be reflected in hiring new personnel. City. Manager Brunton stated the administration would monitor this. Adjournment Councilwoman Preble made a motion, seconded by Councilman Russell, that the Council adjourn. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ATTEST: 1