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HomeMy WebLinkAboutMINUTES-07/01/1975-RegularJuly 1, 1975 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Counicil-Mana;;er Form of Government Regular Meeting - 5:30 P.M. A Regular Meeting of the Council of the City of Fort Collins was held on Tuesday, July 1, 1975 at 5:30 P.M. in the Council Chamber in the City of Fort Collins City Hall. �- Present: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Absent: Council members Reeves and Suinn. W Staff members present: Brunton, DiTullio, Bingman, Kaplan, Case, Cain and Lewis. Also: City Attorney March. Tree Assessment District Referred to City Attorney City Arborist, Carl Jorgenson, reported on the Code provision pertaining to the care and protection of trees in the City, procedure for notice to pro- perty owners of diseased or damaged trees, the time period allowed for property owners to have the work done, and the notice required to be sent by the Finance Director, if the City has done the necessary work, upon failure of the property owner to do so. Mayor Russell then called for those in the audience,who wished to speak to the tree assessment,come to the podium. They were as follows: 1. Bernice Farmer, 1000 Glenmoor Drive, Fort Collins, who owls rental property on Locust, stated two trees had been taken out which she had been unaware of until a second notice had been given the tenants con- cerning a third tree. Ms. Farmer protested the manner in which the notice and subsequent tree removal was handled, plus the amount of the assessment of $240.00. 2. Mr. Florencio Ramirez, 424 LaPorte Avenue, protested the $65.00 assess- ment for tree trimming. Mr. Ramirez advised the Council that he is on a fixed income, totally from Social Security retirement. City Attorney March reviewed the ordinance provision which allows a resident to :rake arrangements with the Finance office for payment of the amounts due over a period of five years, with six percent interest. City Attorney March advised Mr. Ramirez to contact the City Manager to see if he could arrange for relief of this amount due. 3. Ann Garrison, 13010 Fast Kansas Place, Aurora, Colorado,owner of pro- perty at 1007 and 1009 Woodford, spoke to a notice given the tenants who had mailed the notice back to the City giving the City the owners name. Ms. Garrison stated she had not received notice, therefore, she wanted to protest both the manner in which the procedure is. carried out, and the fees. -1 ` ). Z4 There being no further oral protests, Mayor Russell noted for the record, that letters of protest had been received from L. W. Fletcher, 1801 Falls Court, Loveland, Colorado; M. G. Renburne,224 Canyon, Fort Collins, and George Schuelke,8200 South County Road 9, Fort Collins. City Attorney March stated, for the record, flat a complaint had also been received from Faith Realty Company of Colorado Springs, stating they felt the property was out of the City; it has been verified that the property is within the City. Mayor Russell then called for an executive session of the Council to discuss legal considerations of the proposed assessments. Upon the meeting being_ reconvened, City Attorney March reported on the basic situation, as he sees it from a legal standpoint on this, and suggested that Council table this matter for two weeks and authorize him to meet with the parties in attendance and the parties filing protest of record and attempt to settle those and that he then be instructed to prepare an assessment roll, bringing back all those v&ich have not been settled or paid, in an assessing ordinance. Mr. March mentioned again for the record, that the assessments for Joe D. Redding ($168.00), Fred Dixon ($60.00),Briggs Corporation ($40.00) and, D. L. French ($39.50) have been paid. Councilman Bowling made a motion, seconded by Councilman Bloom, to table this item for two weeks, authorize the City Attorney to meet with the parties who have protests of record, oral and written, and authorize him to prepare an assessing ordinance for those who have not been settled or paid. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. Ordinance adopted on first reading Vacating an Alley in Block 123 Councilwoman Gray made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 34, 1975 on first reading. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. Ordinance adopted on second reading relating to the Hunan Relations Commission Counc ilman 'Wilkinson made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 36, 1975 on second reading. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. ORDINANCE N0. 36 1975 BEING AN ORDINANCE AMENDING SECTION 2-17 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE HUMAN RELATIONS COMMISSION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 2-17 of the Code of the City of Fort Collins be, and the same hereby is, amended by changing the first sentence thereof to read as follows: 1 f� r 2 3. 1 Ti4 M LLO "There is hereby created a Human Relations Commission, which Commission shall consist of nine (9) members to be appointed by the City Council." Introduced, considered favorably on first reading, and ordered published this 17th day of June, A.D. 1975, and to be presented for final passage on the 1st day of July, A.D. 1975. ATTEST: Z141�j,01'e"-,.,eC;GG . City Clerk 1975. Pro Tem Passed and.adopted,on final reading this 1st day of July, A.D ATTEST: City Clerk Mayor First reading: June 17, 1975 (Vote: Yeas: 5, Nays: 0) Second reading: July 1, 1975 (Vote: Yeas: 5, Nays: 0) Dates published: June 22 and July 6, 1975 Attest: . ity Clerk - Ordinance adopted.on first reading annexing the Canfield property to the,City Councilman Wilkinson made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 37, 1975 on first reading. Yeas: Council members Bloom, ' Bowling, Gray, Russell and Wilkinson. Nays: None. 3' Ordinance adopted on first reading annexing the Fast Willox Lane property to the City Councilman Wilkinson made a motion, seconded by Cowncilwoman Gray, to adopt Ordinance No. 38, 1975 on first reading. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. Resolution adopted appointing John J. Tobin as Dtmicipal Judge Councilwoman Gray made a motion, seconded by Councilman Bowling, to adopt the resolution. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. RESOLUTION 75-39 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING JOHN J. TOBIN AS MUNICIPAL JUDGE WHEREAS, Article XIV of the Charter of the City of Fort Collins requires that the City Council appoint a Municipal Judge for a two-year term; and WHEREAS, John J. Tobin has previously served 'as Municipal. Judge on a part-time basis; and ' WHEREAS, effective July 1, 1975, Judge Tobin has assumed the position of Municipal Judge on a full-time basis; and WHEREAS, the City Council desires to re -appoint him as Municipal Judge for a two-year term. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that John J. Tobin be, and he hereby is, appointed as Municipal Judge of the City of Fort Collins for a two-year term beginning July 1, 1975. Passed and adopted at a regular meeting of the City Council held this 1st day of July, A.D. 1975.7 ._ 'y//l' •tom/. �A4iYI,e,�� ATTEST: Mayor L� City Clerk 4 5 1 1 1 Resolution adopted approving agreement with the Union Pacific Railroad Company Councilman Bowling made a motion, seconded by Councilman Wilkinson, to adopt the resolution. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. RESOLUTION 75-40 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY WHEREAS, Union Pacific Railroad Company has tendered to the City of Fort Collins, Colorado, an agreement covering the construction, maintenance and operation of an underground power wire line across the property and under the track of the Railroad Company near Harmony, Colorado; such agreement being identified in the records of the Railroad Company as its C.D. No. 39850-8; and WHEREAS, the Council of the City of Fort Collins has said proposed agreement before it and has given it careful review and consideration; and WHEREAS, it is considered that the best interests of said City of Fort Collins will be subserved by the acceptance of said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO: 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 dupli- cate original of said agreement a certified copy of this resolution. Passed and adopted at a regular meeting of the City Council held this 1st day of July, A.D. 1975. ATTEST: Mayor �ilirl a J�wi�r � City Clerk 5 I� Final Plat of Lemay Subdivision Second Filing approved Associate Planner, Paul Deibel, identified the area in question. The aforementioned 2.7 acres with Limited Business District Zoning is located on the southwest corner of Garfield Street and Lemay Avenue. Initially, the developer and the City discussed the property as a P.U.D. However, at the June 2, 1975 meeting, the developer submitted the final plat as a standard subdivision. There is no legal requirement that this property be planned as a planned unit development, and the plat complies with the requirements of the subdivision ordinance. In either case, the staff recommended that there be no driveway cut allowed onto Lemay Avenue. By a 3-2 vote, the Planning and Zoning Board recommended approval of this plat with the curb -cut restriction included. Councilman Wilkinson stated he saw no advantage to this property coming in as a P.U.D. Councilwoman Gray expressed concern that this area might not be properly zoned. Councilman Bowling stated this property has been zoned for ten years, they are usually small areas, and he did not feel the developers should be required to provide a P.U.D. Dr. and Mrs. Robert Weakley spoke to their proposed plans for the develop- ment on Lot 1 of the Subdivision. 1 Councilman Wilkinson made a motion, seconded by Councilman Bowling, to approve , the final plat of the Lemay Second Filing, precluding the curb -cut on Lemay Avenue, including a provision for storm water retention on site. Yeas: Council members Bloom, Bowling, Russell and Wilkinson. Nays: Council- woman Gray. Rental rates on surplus irrigation water for the 1975 season approved The City of Fort Collins owns a considerable amount of water that is not needed for present use. It is necessary to have a larger water supply than needed in order to take care of any dry cycles or periods and to provide for normal growth. During the time that surplus water. is not needed; it is important that we attempt to rent this water. At its regular meeting on April 18, 1975 the Water Board recommended the following charges for surplus water rental for the 1975 growing season. RECOMENDED RENTAL CHARGES Horsetooth . . . . . . . . . $ 7.00/acre foot City owns 10,291 acre feet North Poudre . . . . . . . . . . $42.50/share (without lease back agreemenE) City owns 839.75 shares $27.30/share (with lease back agreement) I Pleasant Valley & Lake Canal $80.00/share City owns 69.0918 shares M. 1 M 1 1 Arthur Irrigation $ 4.00/share (most reserved for City use) City owns 42.2242 shares Latimer County Canal #2 . . . . . $73.50/share (most reserved for City use) City owns 17.2188 shares New Mercer . . . . . . . . . . . No Recommendation (reserved for City use) City owns 12.1304 shares Warren Lake . . . . . . . . . . No Recommendation (reserved for City use) City'owns 34.7166 shares Water Supply & Storage . . . . $850.00/share (rented to Water Supply & City owns 9.9170 shares Storage Company per agreement) Sherwood Ditch Company'. . . . . No Recommendation City owns 0.4375 share IInrnenv Lateral Ditch Corns No Recommendation City owns; 1.750 shares Taylor & Gill Ditch Company . . . No Recommendation City owns 0.0625 share Dixon Lateral Ditch Company . . . No Recommendation 1. City owns 3.80 shares It is the recommendation of the Water Board that the City Council give official approval to these charges Councilman Bowling made a motion, seconded by Councilwoman Gray, to approve the recommendation. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. County referral on revised preliminary plat for Willox Heights Subdivision The aforementioned 18.6 acres is located north of East Willox Lane (extended) between North College Avenue and Lindenmier Road. It is outside of the City Limits. Under normal procedure, County referrals are. sent to the Planning and Zoning Board and then to the appropriate County groups. During our discussions with the Planning Department, it was brought out that we need a more consistent and uniform policywith the County Commissioners with regards to development around the City of Fort Collins. The Planning Staff does not feel that this property should develop until it annexes to the City and should then be developed in a manner consistent with the City's overall planning. This County referral will be considered by our Planning and Zoning Board at its July 7, 1975 meeting. Recommendation: The Administration recommends that the City Council recommend to the County Planning Commission and the Board of County Commissioners that this plat be denied. It is further recommended that a meeting be established with the City Council and the County Commissioners together with members of our two Planning Staffs and representatives from both Planning Commissions to discuss the entire matter of development in the areas around the City of Fort. Collins. 7 an Councilman Bowling made.a motion, seconded by Councilman Wilkinson, to approve the recommendation. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. Report on City Hall expansion Recommendations Approved City Manager Brunton reviewed the following ideas for new or expanded Municipal Building and assumptions: SUMMARY OF IDEAS FOR NEW OR EXPANDED MUNICIPAL BUILDING 1. Addition to present building. 2. Relocate present facility to Civic Center at Old Fort site. 3. Remodel present building for use as new library. 4. Convert North College Power Plant into City -County Administration Building. 5. Remodel present facility to accommodate Police Department and Municipal Court. a. Convert present County building into a combined Criminal Justice complex b. Purchase or construct new combined City -County Criminal Justice Complex. C. Convert North College Power Plant into a City -County Criminal Justice Complex. 6. Construct a new Auditorium - Art Center Municipal Building at the Lincoln Junior High School site. 7.. Construct a new City Hall on present site and remodel present existing ' stucture for Police and Court. ASSUMPTIONS MADE BY THE .ADMINISTRATION 1. A joint City County Criminal Justice Complex will not be a reality within the next decade. 2. The Municipal Court will be located in the Municipal Building. 3.. All radio and telephone communications for the City will be combined into one center with the new expansion. 4. The present City Hall can adequately house the Police Department and Municipal Court until 1990. 5. Projected 1977-80 needs for the Municipal Building total 55,079 sq. ft. the present structure contains 23,580 sq. ft. 6. Construction costs for a building of this type run between $35-40 per sq. ft. - 7. Projected construction budget: 25,000 sq. ft at $40 $1,000,000 Remodel existing building 200,000 Furnishings 100,000 Contingency Land Acquisition 100,000 TOTAL $1 400 000 ' 8 Assistant City Manager, Mike DiTuliio, stated the staff is attempting to provide the work normally provided in an architectual contract, by developing the square footage requirements of a new building. The user departments had provided their projected requirements. t RECOMMENDATIONS: 1. Authorize the Architects (Robb and Brenner) to proceed immediately with the design for the expansion of the present City Hall, either as an addition to the present building or as a new building on the same site. Z. Authorize the City to negotiate with Contractor to employ a Construction Manager (pegotiatb4 general contract). :^ It was the concensus of the Council that alternate solutions be presented r whereby an additional $500,000.00 could be added to the $1,400,000.00, pro- posed for the new City Hall.'rho need to establish priorities on the seven :L year capital improvement program was also stressed. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to approvethe recommendation. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. Certificates of appreciation presented to retiring Boards and Commission members Mayor Russell presented plaques of appreciation to the following retiring Board and Commission members, and expressed Council's appreciation for years of service: FIRE CODE BOARD OF APPEALS F, LANDMARK PRESERVATION COMMISSION Jim Cox, Jr. BOARD OF DIRECTORS OF PIONEER MUSEUM Martha Scott Trimble Earl Abbott Charles W. Hagemeister COORDINATING COMMISSION FOR SENIOR CITIZENS William J. Wonders DT2 STEERING COMMITTEE Maurice 0. Nelson HUMAN RELATIONS COMNISSION ' James Baird John Clifford N LANDMARK PRESERVATION CON IISSION Elwin Hunter ' Gary E. Hixon Charles M. Burchfield Liston E. Leyendecker June Bennett LIBRARY BOARD A. 1 David E. Watrous PARKS AND RECREATION BOARD J. Ray French PLANNING $ ZONING BOARD Phil Riddell WATER BOARD W. G. Wilkinson Citizen Particination 1. Steven Schell, 2220 Springfield Drive, representing a group in the ' neighborhood, stated their concern was the relocation of Fire Station No. 2 to the west end of Avery Park. Mr. Schell presented a petition which appeared to indicate.that 80 percent of the area residents were opposed to the taking of parkland for this purpose. Mr. Schell then referred to the deed regarding this park. City Manager Brunton stated a meeting had already been scheduled with the area residents on this proposal and will be held on Wednesday, July 2, 1975 in the office of the City Manager. No further action taken on this item. 2. Mims Harris, Chairman of the Colorado Arts Festival, appeared before the Council to officially invite the Council to the Festival to be held July.17-20 in Fort Collins. Ms. Harris also presented medallions created by Judson Pottery wihch will serve as a four -day pass to the festival. Other Business ` Nona Thayer, Executive Director of DT2, stated that when the Steering committee had met with the City Council, Council had requested better public relations within the community. Ms. Thayer stated that now there is a real opportunity for putting out a flyer that could be widely distributed. She recommended sending the flyer out with the annual report. The cost of 25,000 flyers is $645.00 Councilman Bowling stated he thought it was a "good idea, and if this money can be found in the budget, I would like to go ahead and help DT2 do this". 10 J�1 Councilwoman Gray inquired :i- Ms. 'Thayer had considered incorporating the Iyr2 flyer in the annual roport. City Manager Brunton staged the antimil report had gone to the press. Councilman Wilkinson stated he felt this is a citizen input group and funds should be raised outside of the City budget. Council members Bowling and Gray spoke in favor of the request. Mayor Russell inquired if alternate methods of funding had been sought. Ms:=:. Thayer stated she had not had time to pursue it. Mayor Russell stated he was not in favor of spending any more City money on DT2• 9 City Manager Brunton stated h6 had just received the budget projection for the remainder of 1975 and he is not happy with it, the budget does contain $800.00 which was earmarked for the Boards and Commissions handbook. Mayor Russell stated he suggested to Ms. Thayer that DT2 campaign among the businesses and run a half page newspaper ad; list the committees, list the accomplishments and current projects and insert a place for persons to respond if they are interested in serving on committees. Councilman Wilkinson made a motion, seconded by Councilman Bloom, to deny the request. Yeas: Council members Bloom, Russell and Wilkinson. Nays: Council members Bowling and Gray. Adjournment Councilwoman Gray made a motion, seconded by Councilman Wilkinson, that the meeting adjourn. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. Mtr'yor ATTEST: I City Clerk 11