HomeMy WebLinkAboutMINUTES-01/03/1974-RegularI
1
1
January 3, 1.974
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 P.M.
A regular meeting of the Council of the City of Fort Collins, Colorado, was
held on Thursday, January 3, 1974 at 6:30 P.M. in the Co, ;incil Chambers of
the City Hall. Mayor Preble called the meeting to order; there were
present: Councilmen Fowling, Fead, Councilwoman Gray, Councilman Lopez,
Councilwomen Preble, Reeves and Councilman Russell.
Staff members present: Brunton, DiTullio, Bingman, Case, Liquin, Cain,
March and Lewis.
Certificate of Appreciation given City Health Officer
Victor E. Cram
Mayor Preble presented a plaque to Dr. Cram with the following inscription:
VICTOR G. CM,1, M.D.
CITY }IEALTH OFFICER
IN DEEP APPRECIATION
FOR
27 YEARS OF FAITHFUL
NZ
DEDICATED SERVICE
TO THE CITY OF FORT COLLIN'S
1946-1973
FORT COLLINS CITY COUNCIL
FORT COLLINS CITY EMPLOYEES
Dr. Cram received the plaque and stated he had always; enjoyed his work and
was appreciative of the plaque.
Dellenbach Chevrolet recipient of meruiant of the Month
1
Mayor Preble recognized Mr. Mike Dellenbach who received the award on behalf
of Dellenbach Chevrolet.
Assistant Chief, Donald Hisam, of the Fire Prevention Bureau stated during
the month of December, the inspectors of the Fire Department selected the
merchant of the month, and they had selected Dellenbach Chevrolet for their
efforts in fire safety.
Minutes of December 20, 1973 regular meeting approved: '
Mayor Preble stated copies of the minutes of the regular meeting of December
20, 1973 had been recci.ved and stood approved as published.
Request of Trans -Colorado Real. Estate Agency, Inc., to
vacate alley referred to Administration and Planning
and Zoning Board
The request is for an alley vacation in Block 173 from Trans -Colorado Real
Estate Agency, Inc. City Attorney March stated the request should be
referred to the Administration and the Planning and Zoning Board. o
Councilman Bowling made a motion, seconded by Councilman Fead, to refer
the matter to the Administration and Planning and Zoning Board. Yeas:
Councilmen Bowling, Fead, Councilman Gray, Councilman Lopez, Councilwomen
Preble and Reeves and Councilman Russell. Nays: None.
Ordinance adopted on second reading an ordinance appropriating
revenues received in 1973 in excess of budget estimates for
expenditures in the year 1973
Councilman Lopez made a. motion, seconded by Councilwoman Gray, to adopt
Ordinance No. 99, 1973 on second reading. Yeas: Councilmen Bowling,
Fead, Councilwoman Gray, Councilman Lopez, Councilwomen Preble, Reeves and
Councilman Russell. days: None.
ORDINANCE NO. 99, 1.973
BEING AN ORDINANCE APPROPRIATING REVENUES RECEIVED IN :.1973
IN EXCESS OF BUDGED ESTIMATES FOR EXPENDITURES IN THE YEAR
1973
W EREAS, it appears that costs of construction of the swimming pool will
exceed the amount presently budgeted for such project; and
I*IEREAS, the City has received from the federal government, revenue
sharing funds which can be used to offset such excessive costs, and
WHEREAS, the actual revenue to be received in the. general fund of the
City for the year 1973 will exceed the budget estimates for such year by more than
$121,000.00; and
IMEREAS, the City Manager has recommended the expenditure of $121,000.00
of such excess revenues in the year 1973; and
WFEREAS,_in connection with the City capital improvement program, it is
necessary to expend or encumber funds in excess of the amount heretofore appropriated
in the amount of $203,594.00; and ;
WfIEREAS, revenue in excess of budget estimates has been received in the
capital improvement fund sufficient to cover such expenditures; and
2
' lNhE[ZEAS, the Council desires to approve such expenditures and appropriate
such amounts for expenditure during the year 1973 in accordance with the provisions
of Section 15, Article V of the Charter of the -City of Fort Collins.
X
U
C
1
NOW, THEREFORE, BE IT IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
that the following amounts be and the same hereby are appropriated from the funds
indicated for expenditure in the funds indicated as follows:
Fund Appropriated From
Revenue Sharing Trust Fund
General Fund
Capital Improvement Fund
Fund to Which Appropriated Amount
Capital Improvement Revolving Fund $101,000.00
Capital Improvement Revolving Fund 121,000.00
Capital Improvement Fund
203,594.00
Introduced, considered favorably on first reading, and ordered published
this 20th day of December, A. D., 1973, and to be presented for final passage on the
3rd day of January, A. D., 1974.
yor
ATTEST,
City Clerk
Passed and adopted on final reading this 3rd day of January, A. D. 1974.
Mayor
ATTEST :
City Clerk t....:..
First reading: December 20, 1973 (Vote: Yeas: 5, Nays: 0)
Second reading: January 3, 1974 (Vote: Yeas: 7, Nays: 0)
Published: December 25 and January 8, 1974
Attest:
City Cler
3
4
Ordinance adopted on second reading Zoning Evergreen Park
Annexation
Councilwoman Gray made a motion, seconded by Councilman Fead, to adopt
Ordinance No. 102, 1973 on second reading. Yeas: Councilmen Bowling,
Fead, Councilwoman Gray, Councilman Lopez; and Councilwoman Preble. Nays:
Councilwoman Reeves and Councilman Russell.
ORDINANCE NO. 102 , 1973
BEING AN ORDINANCE AMENDING CIIAPTER 118 OF THE CODE OF
THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING
ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE
PROPERTY INCLUDED IN THE EVERGREEN PARK ANNEXATION
SECOND FILING TO THE CITY OF FORT COLLINS, COLORADO
BE IT ORDAINED BY THE 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 Evergreen Park Annexation Second
Filing to the City of Fort Collins, Colorado, in the R-L-P
Low Density Planned Residential District.
Section 2. The City Engineer is hereby authorized and
directed'to amend said Zoning District Map in accordance
with this ordinance.
Introduced, considered favorably on first reading, and
ordered published this 20th day of December, A.D. 1973, and
to be presented for final passage on the 3rd day of January, A.D.
1974.
Mayor
ATTEST:
1
F '
L
i
City Clerk v
Passed and adopted oh final reading this 3rd day of
' January, A.D. 1974.
Mayor
ATTEST
City Clerk G
00
00
Qc First reading:' December 20, 1973 (Vote: Yeas: 4, Nays
Second reading: January 3, 1974 (Vote: Yeas: 5, Nays:2:3
Published December 25, 1973 and. January 8, 1974
Attest: --7
0
City C16rk .�
Ordinance adopted on second reading of Ordinance Zoning
Hcrsetooth South Second Annexation
' Councilwoman Reeves made a motion, seconded by Councilman Bowling, to adopt
Ordinance No. 103, 1973 on second reading. Yeas: Councilmen Bowling,
Fead, Councilwoman Gray, Councilman Lopez, Councilwomen Preble, Reeves
and Councilman_ Russell. Nays: None.
ORDINANCE NO. 103 1973
BEING AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE OF
THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING
ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE
PROPERTY.INCLUDED IN THE HORSETOOTH SOUTH SECOND
ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
4
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 Horsetooth South Second Annexation to
the City of Fort Collins, Colorado, in the H-B Highway
Business District.
5
Section 2. The City Engineer is hereby authorized and
directed to amend said Zoning District Map in accordance
with this ordinance.
Introduced, considered favorably on first reading, and
ordered published this 20th day of December, A.D. 1973, and
to be presented for final passage on the 3rd day of January,
A.D. 1974.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 3rd day of January,
A.D. 1974.
"1
Mayor
ATTEST:
Cit Clerk
First Reading: December 20, 1973 (Vote: Yeas: 5, Nays: 0)
Second reading: January 3, 1974 (Vote: Yeas: 7, Nays: 0)
Published: December 25, 1973 and January 8, 1974
Attest:
City Clerk --
Ordinance adopted on second reading amending Section 112-66
of the Code of the City of Fort Collins relating to the
Water Utility
Councilwoman Reeves inquired into the time frame for hearing of an ordi-
nance to amend the section to take care of the water requirements in
multiple family development.
11
1
3
City Attorney March stated he was awaiting figures from the Planning Depart-
ment on this and it would be forthcoming soon.
' Councilman Lopez made a motion, seconded by Councilwoman Reeves, to adopt
Ordinance No. 104, 1973 on second reading. Yeas: Councilmen Bowling,
Fead, Councilwoman Gray, Councilman Lopez, Councilwomen Preble, Reeves and
Councilman Russell. Nays: None.
ORDINANCE NO. 104 , 1973
BEING AN ORDINANCE AMENDING SECTION 112-66
OF THE CODE OF THE CITY OF FORT COLLINS
'RELATING TO THE WATER UTILITY
00
to
UO
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
L�
That Section. 112-66 of the Code of the City of Fort Collins be,
and the same hereby is, amended to read as follows:
1
"Section 112-66. Grant of Water Rights Required.
"A. All premises requesting original water service from
the City of Fort Collins shall, before being granted
such water service, furnish to the City of Fort
Collins, without cost to the City, water rights
acceptable to the City representing a yield annually
of 4.5 acre-feet of water per acre to be served.
The Water Board shall determine the annual yield
of particular water rights and shall further deter-
mine what water rights are acceptable to the City.
Such determination of the Water Board shall be
final and conclusive. In the event any property
owner requesting water service is unable or un-
willing to furnish water rights as required above,
then a payment in lieu of such water rights shall
be required with such payment to be in the amount
of $350.00 for each acre-foot of water required.
11B. The developer of a subdivision requiring water
service for the subdivision may, in lieu of the
requirements set forth in part A above, calculate
the total area of the subdivision, including all
streets, rights of way, common areas, parks and
the like (gross acres), and furnish water rights
on the basis of such calculation at the rate of
3 .•e acre-feet of water for each acre in the sub-
division and the same shall satisfy all obligations
regarding the furnishing of raw water rights for
water service to the subdivision. Nothing contained
in the foregoing shall be construed to allow the
exclusion of open space area served by City water
if the gross acreage calculation is not used. .In
fA
0
n
the event a developer elects to furnish water rights
on the basis.of gross acreage, an agreement shall
be entered into with the City which shall establish
the water rights to be delivered to the City or the
payment to be made in lieu thereof, the time for such
delivery or payment (in any event not later than the
issuance of a permit for water service to individual
lots or properties) and any other applicable matters.
"C. In the event that the owner of a property has hereto-
fore been allowed a credit toward the water rights
required to be furnished pursuant to this section.
and such credit has been established by written
agreement between the City and the owner of the
property, such credit shall be recognized and
applied toward the requirements contained under
this section. .In the event any owner of property
has heretofore entered into an agreement estab-
lishing the water rights required and arranging
for the transfer of the same in return for water
service, then such agreement shall continue to
control notwithstanding the different requirements
made under this section.
"D. In no case shall the fact that a portion of a
property was previously served with water from
the City water utility excuse the furnishing of
water rights when new water service is requested
for other portions of said property."
Introduced, considered favorably on first reading, and ordered
published this 20t}1 day of December of, A.D. 1973, and to be
presented for final passage on the 3rd .day ,aruan- ,
A.D. 1971.,
ATTEST:
City Clerk
Mayor
Passed and adopted on final reading this 3rd day of January
A.D. 197.A
ATTEST: Mayor
Ci y Clerk-
9
1
9'-
First reading: December 20, 1973 (Vote: Yeas: 5, Nays: 0)
Second reading: January 3, 1974 (Vote: Yeas: 7, Nays: 0)
' Publishing dates: December 25, 1973 and January 8, 1974
Attest:
City C eft'
Ordinance. -adopted amending Section 50-2 relating to
relating to Fire Prevention
00 Councilman Russell made a motion, seconded by Councilman Lopez, to adopt
Ordinance No. 105, 1973 on second reading. Yeas: Councilmen Bowling,
Fead, Councilwoman Gray, Councilman Lopez, Councilwomen Preble, Reeves
C� and Councilman Russell. Nays: None. .
ORDINANCE NO. 105 , 1973
BEING AN ORDINANCE AMENDING SECTION 50-2
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO FIRE PREVENTION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
' THAT Section 50-2 of the Code of the City of Fort Collins be,
And the same.hereby is, amended by deleting from Part A thereof, subpart
(27) and by substituting therefor the following:
"(27) Section 15.103 deleted."
Introduced, considered favorably on first reading, and ordered
published this 20th day of December, A.D. 1973, and to be presented for
final passage on the 3rd day of January, A.D. 1974.
ATTEST: Mayor
City Clerk $
Passed and adopted on final reading this 3rd day of January,
A.D. 1974.
ATTEST :. Mayor
City Clark
0
First reading: December 20, 1973 (Vote: Yeas: 5, Nays: 0)
Second reading: January 3, 1974 (Vote: Yeas: 7, Nays: 0)
Publishing dates: December 25, 1973 and January 8, 1974
Atte��
City Clerk
Ordinance adopted on second reading relating to Special
Improvements for Local Assessments and providing a right to
defer payment of such Assessments to certain property rnm ers
Councilwoman Gray inquired whether the deferred payment monies to be paid
into the general fund were to come from the Human Resources Budget?
City Manager Brunton responded this was a separate line item under the
Human Resources Budget.
Councilman Fead made a motion, seconded by Councilwoman Reeves, to
adopt Ordinance No. 106, 1973 on second reading. Yeas: Councilmen
Bowling, Fead, Councilwoman Gray, Councilman Lopez, Councilwomen Preble,
Reeves and Councilman Russell. Nays: None.
ORDINANCE NO. 106 1973
BEING AN ORuINANCE RELATING TO SPECIAL IMPROVEMENTS
FOR LOCAL ASSESSMENTS AND PROVIDING A RIGHT TO DEFER
PAYMENT OF SUCH ASSE!SDIENTS TO CERTAIN PROPERTY OWNERS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. Notwithstanding any other requirement of any
ordinance of the City, a property owner meeting the qualifications set
forth in § 106-3 of the Code of the City of Fort Collins may defer the pay-
ment of any special assessment levied against his residence pursuant to
Chapter 16 or § 95-37 through 95-46, inclusive, of the Code of the City
of Fort Collins.
Section 2. If a residence is owned by more than one person, all owners must reside on the property and each must meet the qualifica-
tions set forth in § 106-3 of the Code of the Cite of Fort Collins, pro-
vided that in the case of a residence owned by a husband and wife if. .
either qualifies under said section the right to deferment shall apply.
Section 3. No property owner shall be eligible for a deferment
of assessments under this ordinance in connection with any property not
occupied by such person as his residence at the time of application for
such deferment. Nor shall any person who has applied for and received a
deferment in connection with any property be entitled to defer assessments
on any other property, owned by him.
1
1
10
11
Section 4. Any property owner desirimg to defer assessments on
any residence hereunder shall make application for deferment to the
Director of Finance of the City on forms supplied by the Director of
'
Finance. Applications for deferment of assessments may be made at any
time after the ordinance making the assessment against the property is
finally passed and before the date the assessment role is transmitted
to the County Treasurer for collection. No application may be made or
received by the Director of Finance after the assessment role is trans -
misted to the County Treasurer.
Section S. If the Director of Finance determines the applicant
is eligible for a deferment of the assessment, he shall require the appli-
cant and all other owners of the property to execute a lien against the
property in the amount of the assessment against the property, which
lien shall be recorded in the records of the Clerk and Recorder of
Larimer County.
Section 6. Upon receiving and recording the lien required
in Section 5, the Director of Finance shall pay to the assessment district -
from the general fund of the City the amount of the assessment. He shall
then note on the assessment role that such assessment has been deferred
e
and the assessment shall not be payable until due under the terms of
this ordinance.
Section 7. Any assessment deferred pursuant to this ordinance
shall be a lien against the property from the time of passage of. the
' assessing ordinance until fully paid. The same shall be totally due
and payable at such time as the owner of the property transfers or
conveys the same to any other person. For the purpose of this section,
any change in ownership, by deed, will, inheritance, operation of law
or otherwise, shall be considered a change in ownership and the entire
assessment shall thereupon become fully due and payable.
Section 8. At such time as the assessment becomes due and'
payable pursuant to Section 7 of this ordinance, the City may enforce
collection of any unpaid assessment by foreclosing the lien given
pursuant to Section S of this ordinance or by certifying the amount
of such assessment for collection to the County Treasurer as in the
case of any other assessment or by any other means available.
Section 9. The deferment of any assessment pursuant to this
ordinance shall not release the lien of such assessment against the
property and such lien shall continue at all timei, against the property
until the amount of such assessment is fully paid.
Section 10. Any assessment deferred hereunder shall bear
no interest from the time of passage of the assessing ordinance until
the same is.due, but at all other times shall bear interest at the rate
of six percent (6%) per annum until fully paid.
' Section 11. The Director of Finance is hereby authorized
and empowered to make and enforce such rules and regulations, not incon-
sistent with the terms of this ordinance, as he may deem necessary for
the inplementation of this ordinance.
11
1.2 _.
Introduced, considered favorably on first reading, and ordered
published this loth day of December, A.D. 1973, and to be presented for '
final passage on the 3rd day of January, A.D. 1974.
-ATTEST:. Mayor
City Clerk
Passed and adopted on final reading this 3rd day of January,
A.D. 1974.
ATTEST
: Mayor
City Clerk
First reading: December 20, 1973 (Vote: Yeas: 5, Nays: 0)
Second reading: January 3, 1974 (Vote: Yeas: 7, Nays: 0)
Publishing Dates: December 25, 1973 and•January 8, 1974
Attest: o
City Clerk
Ordinance adopted on second reading appropriating funds for
expenditure Ln 1.973 from reserves in the Smitaiy Landfill
Fund, the Equipment Fund, the Water Fund, the Sewer Fund, and
the Light and Power Capital Fund
Councilman Lopez made a motion, seconded by Councilman Bowling, to adopt
Ordinance No. 107, 1973 on second reading. Yeas: Councilmen Bowling,
Fead, Councilwoman Gray, Councilman Lopez, Councilwomen Preble, Reeves and
Councilman_ Russell. Yans : None.
ORDINANCE NO.107, 1973
BEING AN ORDINANCE APPROPRIATING FUNDS FOR EXPENDITURE IN 1973. .
FROM RESERVES IN THE SANITARY LANDFILL FUND,, THE EQUIPMENT FUND,
THE WATER FUND, THE SEWER FUND, AND THE LIGHT AND POWER CAPITAL
FUND.
WHEREAS, the City Manager has reported to the City Council that it is
necessary to expand funds in the sanitary landfill fund, the equipment fund, the
water fund, the sewer fund, and the light and power capital fund, in excess of
the amount appropriated to said funds for the year 1973; and
WHEREAS, all of said expenditures are caused by unforeseen contingencies '
which arose after the passage of the annual appropriation ordinance; and
12
13
WHEREAS, all of said funds have reserves amounting to more than the
amount necessary to be expended
in 1973.
,
NOW, THEREFORE, BE IT
ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS
that the following supplemental
appropriations are hereby made from
reserves in the
funds indicated for expenditure
in the year 1973, in the funds indicated to -wit:
Fund Reserved Appropriated From
Fund to Which Appropriated
Amount
Sanitary Landfill Fund
Sanitary Landfill Fund
$ 47,000.00
Equipment Fund
Equipment Fund
53,000.00
Water Fund
Water Fund
38,500.00
�.
4D
Sewer Fund
Sewer Fund
,000.00
Light and Power Fund
Light and Power Capital Fund
50,000.00
97,500.00
L7
Introduced, considered
favorably on first reading, and ordered
published
this 20th day of December A.D.
1973, and to be presented for final
passage on the
3rd Day of January, A.D. 1974.
Mayor
I
ATTEST:
City Clerk
Passed and adopted on final reading this 3rd day of January, A.D. 1974.
Mayor
City Clerk
First reading: December 20, 1973 (Vote: Yeas: 5, Nays:-0)
Second reading: January 3, 1974 (Veto: Yeas: 7, Nays: 01
' Publishe3: December 25, 1973, and January 8, 1974
Attest:
City C1
13
14
Ordinance adopted on first reading relating to the Salary
of the Municipal Judge
City Manager Brunton stated the second reading of the ordinance was pub-
lished in the newspaper incorrectly as Ordinance No. 87, 1973. Because
of the technicality, the entire legal process had to be started again.
The increased salary for the bhnnicipal Judge was approved as part of the
1974 budget.
Councilman Lopez made a motion; seconded by Councilman Bowling, to approve
Ordinance No. 100, 1973 on first reading. Yeas: Councilmen Bowling,
Fead, Councilwoman G1•ay, Councilman Lopez, Councilwomen Preble, Reeves and
Councilman Russell. Nays: None.
Ordinance adopted on first reading annexing property ;mown
as the Valvista Annexation to the City of Port Collins
Director of Community Development, Rov A. Bingman, identified the area•in
question. The requested zoning is RhP; the Staff recommendation and
Planning and Zoning Board recommendation was for apprpval.
Councilwoman Reeves hiquired into the time table for development of the
area. Mayor Preble stated that there was a need to ijmprove the bridges
in this area.
Mr. Dan Crow, Vice -President of Construction for Fa_th Realty, responded
fo Councilwoman Reeves' inquiries into the tune table for. development,
stating it was their intention to proceed immediately to the stage of final
plan; the development time table was to start preparing the land in the
suruner of 174, to initiate construction in the Spring of '75. Mr. Crow
also spoke to the types of housing and prices of housing proposed.
Councilman Bowling made a motion, seconded by Councilman Fead, to adopt
Ordinance No. 1, 1974 on first reading. Yeas: Councilmen Bowling,
Fead, Councilwoman. Gray, Councilman Lopez, Councilwroryen Preble, Reeves
and Councilman Russell. Nays; None.
Resolution adopted giving notice of hearing Zoning the
Valvista Annexation
City Attorney March stated this just set the hearing date for the zoning.
n
Councilman Fead made a motion, seconded by Councilman Bowling, to adopt
this resolution. Yeas: Councilmen Bowling, Fead, Councilwoman Gray,
Councilman Lopez, Councilwomen Preble, Reeves and Councilman Russell.
Nays: None.
RESOLUTION 74=1
OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING
NOTICE CONCERNING A PROPOSED ORDINANCE AMENDING CHAPTER
118 OF THE CODE OF THE CITY OF FORT COLLINS, COMMONLY '
KNOWN AS THE ZONING ORDINANCE, IN ORDER TO CLASSIFY FOR
ZONING PURPOSES CERTAIN PROPERTY BEING ANNEXED TO THE
CITY OF FORT COLLINS, KNOWN AS THE VALVISTA ANNEXATION
14
15
1
go
x
UD
1
1
BE IT FURTHER RESOLVED that the City Clerk is hereby
instructed to publish a notice of.said hearing as provided
in Chapter 118 of the Code of the City of Fort Collins, in
the form attached hereto.
Passed and adopted at a regular meeting of the City
Council held this 3rd day of January, 1974.
Mayor
ATTEST:
Ci y Clerk
Notice is hereby given that on the•17th day of January,
1974, at 6:30 o'clock P.M., or as soon thereafter as the
matter may come on for hearing, in the Council Chambers in
the City Hall in the City of Fort Collins, the City Council
will hold a public hearing on an ordinance zoning the lands
comprising the ValVista Annexation. Said lands are proposed
to be placed in the R-L-P Low Density Planned Residential
District.
1974.
Dated at Fort Collins, Colorado this 3rd day of January,
City Clerk
Resolution adopted giving notice of requested Rezoning
of of property by Lemay, Ltd.
Mayor Preble stated this set the hearing date for January 17, 1974.
Councilman Bowling made a motion, seconded by Councilwoman Gray, to adopt
the resolution. Yeas: Councilmen Bowling, Fead, Councilwoman Gray,
Councilman Lopez, Councilwomen Preble, Reeves and Councilman Russell.
Nays: None.
is
1' 6
RESOLUTION 74-2
- OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING A
HEARING DATE ON A PROPOSED ORDINANCE, CHANGING THE
ZONING CLASSIFICATION FOR CERTAIN PROPERTY IN THE CITY
AND DIRECTING THAT NOTICE BE GIVEN AS TO SUCH HEARING
WHEREAS, a written petition has been presented to the
City Council requesting that the zoning classification for
the property described in the Notice of Public Hearing
attached hereto, be changed from I-G, General Industrial,
and C, Commercial, Districts to B-P, Planned Business District,
and
WHEREAS, the Planning and Zoning Board has made a study
of said rezoning request and has held a hearing and made a
report and recommendation thereon, all in accordance with
the provisions of the City Zoning Ordinance, and
WHEREAS, the City Council desires to hold a public
hearing on said rezoning request and the recommendation of
the Planning and Zoning Board.
NOW, 'THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS, that at on the 17th day of January,
1974, at 6:30 P.M. or as soon thereafter as the matter may
come on for hearing in the Council Chambers i in the City Hall
in the City of Fort Collins is hereby set as the time and
place for a public hearing on the Ordinance changing the
zoning classification for said property, and
BE IT FURTHER RESOLVED that the City Clerk is hereby
instructed to publish a notice of said hearing as provided
in the Zoning Ordinance of the City of Fort Collins in the
1
1
1
form attached hereto.
16
17
WHEREAS, heretofore the City Council of the City of
' Fort Collins initiated annexation procedures for certain
property known as the ValVista Annexation to the City of
Fort Collins more particularly described in the "Notice of
Public Hearing" attached hereto; and
00 WHEREAS, the Planning and Zoning Board has made a study
°X concerning the proper zoning for said land and has held a
C
hearing and considered the request it has received regarding
is
such zoning, and has made a report and recommendation thereon
all in accordance with the Ordinances of the City of Fort
Collins; and
WHEREAS, the City Council desires to hold a hearing on
an ordinance zoning said lands.
' NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS that January 17, 1974, at 6:30 P.M., or
as soon thereafter as the matter may come on for hearing, in
the Council Chambers of the City Hall of the City of Fort
Collins, is hereby set as,the time and place for a public
hearing on an Ordinance zoning said lands; and
Passed and adopted at a regular meeting of,the City
Council held this 3rd day of January, A.D. 1974.
4
Mayor
ATTEST:
City Clerk
s
17
M
A public hearing will be held on the 17th day of January,.
A.D. 1974, at 6:30 P.M. in the Council Chambers of City
Hall, Fort Collins, Colorado on an ordinance changing the '
zoning classification for the following described property
in the City, to -wit:
A tract of land situate in the Northwest 1/4 of
Section 18, Township 7 North, Range 68 West of the
Sixth P.M., City of Fort Collins, County of Larimer,
State of Colorado, which, considering the West
line of said Northwest 1/4 as bearing N 00006' E
and with all bearings contained herein relative
thereto, is contained within the boundary lines
which begin at a point which bears N 00006' E
300.00 feet from the West 1/4.corner of said
Section 18 and run thence N 00°06' E 375.21 feet
along said West line; thence S 89154E 186.00
feet; thence N 00106' E 75.00 feet; thence S
89054' E 83.03 feet; thence S 08017' E 25.27 feet;
thence S 89154' E 196.94 feet; thence N 31130'30
E 153.32 feet; thence S 65120'30" E 6.75 feet;
thnce along 52.81
oot
toe
ethe right andistance ofe arc of a 5219.61ffeet, the long
curve
long
chord of which bears S 53157'40" E 218.17 feet;
thence along the arc of a 676.30 foot radius curve
to the right a distance of 160.20 feet, the long
chord of which bears S 35°47'40" E 159.84 feet; ,
thence S 29°00'30" E 173.43 feet; thence along the
arc of a 676.62 foot radius curve to the left a
distance of 159.95 feet, the long chord of which
bears S 35146150" E 159.71 feet; thence S 89015' W .
1004.04 feet to the point of beginning.
Said property is now zoned partly in the I-G, General
Industrial District, and partly in the C, Commercial District.
The Petitioner has requested that said property be placed in
the B-p.Planned Business District and the Planning and
Zoning Board has recommended that, said property be placed in
the B-P, Planned Business District.
City Clerk
Ordinance adopted on first reading amending Section
35-15 of the Code of the City of Fort Collins relating
to Dogs in the City
Councilman Bowling made a motion, seconded by Councilwoman Reeves, to adopt '
Ordinance No, 2, 1974 on first reading. Yeas: Councilmen Bowling, Fead,
Councilwoman Gray, Councilman Lopez, Councilwomen Preble, Reeves and
Councilman Russell. Nays: None.
18
19
Councilwoman Reeves requested discussion on an ordinance probibiting
dogs in the recreation -family picnic areas of the parks. City Manager
' Brunton stated he had written a letter to the Kennel Club on this item. A
staff report from the Parks and Recreation and Police Department animal
control- section would be prepared for either the January 17 or February 7,
1974 meeting.
Councilman Lopez inquired into complaints received relating to dogs on
leashes.
Councilman Bowling spoke to dogs at large complaints he received.
ap Ms., Shelby Dowell, 808 Tyler of the Kennel Club, stated the City and the
®G . Kennel Club needed to work on an education process in the care of animals.
t7p
` Councilman Lopez spoke to the need to safe guard the rights of all citizens.
Councilman Bowling made a motion, seconded by Councilwoman Gray, to refer
the matter to the Administration. Yeas: Councilmen Bowling, Fead, '
Councilwoman Gray, Councilman Lopez, Councilwomen Preble, Reeves and
Councilman Russell. Nays: None.
Report on sidewalk snow and ice removal
City Manager Brunton stated a report was included with the agenda; for
audience clarification, he spoke to the following items of the memorandum:
Article VII "Snow and Ice Removal - Streets and Sidewalks" was adopted on June 25,
' 1959. To the best of our knowledge this ordinance has never been completely en-.
forced. The ordinance requires the owner or occupant of property abutting upon or
adjacent to Sidewalks to keep the same free and clear of snow and ice. If the
work is not done within 24 hours, the Director of Public Works may have the side-
walk cleared and charge the expense of removal plus all miscellaneous expenses
to the owner or owners. At the present time the City is doing minimal enforce-
ment on a complaint basis through our Alley Inspector.
Any snow removal ordinance is difficult to enforce. I have not seen any city
with an effective program and few try beyond the "token" stage. Most cities,
including ours, rely on the "good neighbor" or "responsible citizen" for vol-
untary compliance. In the first place we have an inconsistent sidewalk policy,
especially in the older area of the City. Some property does not have any side-
walk; other properties have a narrow "carriage strip" at the curb line; and in
some areas the sidewalk is located at offsets within a block. This in itself
makes for an inconsistent enforcement program and, unless an inspector knows
the area, it would be difficult in some cases to know if there was sidewalk.
The entire sidewalk program and policies of the City should be reviewed.
Second is the whole question of enforcement. Where would the equipment and man-
power come from to enforce this ordinance? In a hypothetical case, if all 150
miles of our streets (theoretically 300 miles of sidewalk) had sidewalk on both
sides, and if the City removed all the snow and ice, and if one person could re-
move 100 ft. of snow and ice in 15 minutes, it would take 500 persons 8 hours
to shovel all the walks. This situation would never happen because not all prop-
erty has sidewalks and most people do shovel their walks, but it does illustrate
19
20
-" the problem. Also, by waiting' until 24 hours after the accumu ation, t e snow
or ice might be so compacted as to make it virtually impossible to remove the
snow and ice. There is also the problem of property owners being away and the '
invalid and/or aged who are unable to remove the snow and ice unless prior arrange-
ments are made. The cost to the property owner for the removal, the administrative
charges prior to and after the work is done, and the legal and other assessment
costs would be excessive.
In all cases a system of voluntary compliance is vastly superior to a government
enforced program (if it works). I still feel a strictly enforced sidewalk snow
removal policy from a practical viewpoint (including administrative, work perform-
ance, economical and political implications) is virtually unenforceable.
Recommendation. The administration recommends that the City intensify its efforts
to obtain voluntary compliance for the sidewalk snow removal ordinance. This would
include educational publicity through the news media concerning the ordinance re-
quirements and the issuing of door tags to noncomplying property owners explaining
the ordinance and informing them that they are in violation.
The entire sidewalk program and policies should be reviewed as part of our 1975
pre -budget work sessions. We are scheduling the preparation.of various reports
for the Council's consideration in the Spring of 1974.
CoLncilman.Bbwling termed the tagging of doors "ridiculous"; Councilman
` Russell spoke to the City's inability to enforce this and other ordinances
said suggested that the City enforce the ordinance and react to specific
complaints.
Councilwoman Gray stated she agreed with the previous remarks but felt the
City needed to enforce the ordinance in the heavy pedestrian section of the
City.
City Attorney March suggested an adequate warning system should be pursued.
City Manager Brunton reported on the complaint, citing 107 violations and a
complaint with other violations.
Councilman Lopez spoke to the liability of the home owner if an injury
occured and the need to give adequate publicity to this liability.
Mayor Preble spoke to the tags on the door being a good idea acid the need
for publicity. j
Report on Energy Power Plan
City Manager Brunton stated this was an information item for the Council and
called on Director of Utilities, Stan Case, to speak to the subject.
- Mr. Case stated the Emergency Power Reducation Plans had been submitted.
to the Federal Power Commission. '
20
'2 1
Councilman Russell inquired into the "Reducation of System Voltage" and
Councilman Bowling inquired into the need to cut back. Mr. Case reported
on how the City of port Collins could reduce its power usage by 10 percent
and "share the shortages with the nation".
Report on possible increase in Electric Power Rates.
City Manager Brunton stated the Administration was requesting a work session
to discuss the whole program.
A meeting was scheduled at the end of the meeting for this item.
Ordinance authorized on Water And Sewer Rate increases.
0�
City Manager Brunton referred to the following memorandum enclosed with the
00 agenda:
The water and sewer rate study .is finally completed. Black $ Veatch were retained
as consultants for the rate study on May 27, 1971. Because of many factors the
study took over 2-1/2 years to complete. The last tine water and sewer rates
were studied and analyzed was in 1964 when Banner F, Associates made their studies.
However, this was not a rate study per se, but primarily a method to increase
rates as a debt -service -requirement analysis for issuing bonds.
Initially population projections had to be made and then translated into water
demands and sanitary wastewater loadings. These figures then became the basic
data needed to establish the major capital improvement progran. Hext, revenue
from various sources and the total had to be analyzed. These sources included:
' 1. Account sales-
2. Other sales
3. Bond proceeds
4. Plant investment fee
S. Interest on investment
6. Miscellaneous
Likewise, the expenditures have to be studied, analyzed, and projected. The
expenditure sources included: ,
1. Operating and Maintenance expenses
2. Payments in lieu of taxes
3. Debt -service requirements
4. Routine capital additions and replacements
5. Revenue available for major capital improvements.
The "cost -of -service" content establishing rates provide one method of equitable
distribution of cost to the various classes of customers. The major comnonent
parts of the cost include:
1. Source of sunnly (rater only)
2. Treatment expenses (basic and chemical and power)
3. Transmission and distribution
' 4. Meters and service
5. Billing
6. Administration and general
21
ZZ
These costs are then distributed to the various major areas including:
1. Base cost
2. Extra capacity cost
(a) Maximum day
(b) Maximum hour
3. Customer cost
(a) Meters
(b) Billing
Next these figures are equated to the various classes of customers. This then
becomes (oversimplified) a review of the "cost -of -service" concept.
In November, 1973, the {Pater Board through its Chairman asked our consultants to
study an -alternate method of water rate computation as follows:
1. The "availability o�l service" which requires recompensation by some minimum
charge whether or not water is actually used for the billing period. The flat
rate user, by the nature of his charge, nays what'am.ounts to a minimum monthly
charge of $3.60. Metered residential users should properly pay a minima.:. unit
charge of $3, adjusted to reflect any savings resulting from one, rather t,an
several bills. This "availability -of -service" content recognizes the benefits
to the water user of being able to obtain water when he desires it.
1
2. Part of the water customarily used by the flat rate user constitutes a '
"reserve," available"to take care of the needs of all the -water users of the
city in the event of adverse climatic condition or growing population. The flat
rate user can in some ways be compared to a natural gas customer on "interruptible
service." That is, his water use is subject to curtailment in times of shortage
to insure availability of limited water for bathing, drinking„ and other strictly
domestic uses. It would be reasonable to consider 15% of the water used by the flat
rate user as "reserve" waters, the cost of acquisition, treatment and distribution,
thus being properly borne by all consumers of the system,
3. The water user within the city contributes to the success of the water utility.
One of the most striking examples of this, but certainly not the only one, is
that his properties are pledged to insure the repayment of water bonds. It is
proper that the outside water user pays more -for the water which he uses than
does the water user in the city. Our discussions with you would indicate that
it would not be unreasonable for outside water users to pay at a rate of ISO%
of the rate charged to water users within the city. I
The actual amount of revenue needed to overate the water and sewer utilities was
decided in 1973. Initially the Prater Board recommended to the City Council that
there be an average water rate increase of 60% effective October 1, 1973. After
additional checking and evaluation, the staff recommended to the City Council
that an average rate increase of 30% be an?lied on anproximately January 1, 1974,
and an additional 25% effective annroxinately January 1, 1975. The first water
rate increase was to indicate the cost -of -service adjustment and the second to '
be a flat, across-the-board increase. Likewise the 11ater Board recommended an
average 105% increase in sewer rates effective October 1, 1973. This was'sub-
sequently lowered to 73% upon recommendation of the City Administration and
adoption by the City Council. It was recognized that these rates would be adjusted
77
213
' accordingly when the rate study was completed and adopted. (Because of the need
to possibly issue bonds in 1974, based on the 1973 sewer financial statement, it
was necessary to increase sewer rates on a flat across-the-board basis in
October,.1973.)
The Council members were present at the December 14, 1973, meeting when Carl
Houck of Black F, Veatch presented a summary of the rate study including recommenda-
tions. With the January 3, 1973, meeting the following material was distributed:
Water
go
00
1. Existing rates ('fable 35)
Go
.2. Cost -of -service concept
�j
(a) Proposed rates (Table 36)
(b) Comparison of revenue -
existing versus
cost of service (Table 37)
Q
(c) Typical bills - present
versus proposed
(Table 38)
3. Alternate policy method
(a) Tentative rates (Table
41)
(b) Comparison of revenue -
existing versus
alternate
(c) Typical bills - present
versus tentative
alternate
Sewer
1. Existing and proposed rates (Table 63)
2. Comparison of revenue - existing versus proposed (Table 64)
' Also enclosed is a letter from Ward H. Fischer, President of the Fort Collins
Water Board, summarizing the recommendations of the Board together with their
rationale. In effect, the 14ater Board is recommending the "alternate -policy -
method" water rate be adopted (Table 41) with the exception that the hest Fort
Collins Water District's rate not reflect the 1Sa reserve alternate -policy -method
modification. Also, the Board recommended that the "cost -of -service" concept
for the proposed sewer rate be adonted (Table 63).
Recommendation:
{'dater
1. The question of "cost of service" versus the alternate policy method is a
subjective decision. Under the alternate policy method, the bill to the flat
rate, single family, residential customer and higher water users are lower and
virtually all other classes of customers are higher. The City Council should
decide what policy method is more relevant. In any case, unfortunately, the
water rate increase is needed for the continued development, imnrovement, and
enlargement of the system.
2. Before the second phase of the water rate increase scheduled for January 1,
1975, is considered, the entire financial picture should be reviewed and re-
analyzed including projected revenue, expenditures, cash flow, the question of
water meters, and especially the entire capital program. We will be presenting
some of this information to the City Council during the 1975 budget work sessions.
s
23
24
Seiier
1
1. The Administration recommends that the proposed sewer rate increase be
adopted with the excention that Mountain Pieta and LaPorte Sanitation Districts'
proposed rate increase be lowered from $6.50/month/living unit to $6.05/month/
living unit.
2. The City has been fortunate to obtain federal and state capital grants for
the sewer utility. Several more applications for money are nova being considered
by the State. Later in 1974 the entire financial position of the sewer utility
should be reanalyzed urith a hope that some dowgnward adjustment could be made.
Mr. Brunton also referred to the letter submitted by Attorney Alden Hill,
representing the West Fort Collins Water District and a letter from Mr.
Charles Rhoades, President of the Northern Colorado Real Estate Management.
Mayor Preble inquired 6f Consultant Carl Houck, the need to have equitable
rates in applying for federal grants and if the alternate plan would qualify.
Mr. Houck stated the present requirements from APA had a clause that applied
to sewer grants at present.
Councilwomen Gray and Reeves spoke in favor of the Cost of Service Alternative.
Councilman Bowling spoke in favor of the Alternate Plan as recommended by the
Water Board: Councilman Fead stated he felt Council was overlooking the fact
that this was one of the lowest cost sources of extra water development
somewhere down the road when the City can go to water meters, without raving
to go to t}te mountains and build reservoirs and recover enough water .to the
mountains for -our supply. Councilman Lopez stated the most comment he had
heard from the man on the street was that the Alternate Plan helps the person
who has supported the water program over the years.
Mr. Jan Scarboro,..2730 Alexander Court, and Mr. Earl Hurd, 400 Hickory
Street, spoke in favor of the Cost of Service concept.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to adopt
the Cost of Service Concept. Yeas: Councilwomen Gray, Preble and Reeves.
Nays: Councilmen Bowling, Fead, Lopez and Russell.
Mayor Preble stated the motion was defeated. 9
Councilman Bowling made a motion, seconded by Councilman Lopez, to accept
the recommendation of the Water Board and adopt the Alternate Policy
Method. Yeas: Councilmen Bowling, Fead, Lopez and Russell. Nays:
Councilwomen Gray, Preble and Reeves.
City Attorney March stated the City had contracts with the districts and CSU
on the increases. '
24
2 5
Councilman Lopez made a motion, seconded by Councilman Bowling, to refer to
the City Attorney the preparation of an ordinance on the water rate increase
' and authorize him to negotiate contracts with the districts and CSU. Yeas:
Councilmen Bowling, Fead, Councilwoman Gray; Councilman Lopez, Councilwomen
Preble and Reeves and Councilman Russell. Nays: None.
Councilwoman Gray stated she wished to reiterate Council's direction to
the Administration on the study of water meters prior to the 1975 across
the board increase.
City Attorney March stated this item had been referred previously to the
Administration and the Water Board.
00 Council next addressed the increased sewer rates.
00
aCouncilman Bowling made a motion, seconded by Councilman Lopez, to accept
the recommendation of the water Board and adopt the cost of Service Concept,
to include the changes recommended by the Administration to lower the rate
for --the Mountain View and LaPorte Sanitation District from $6.50./month/
living unit to $6.05:./month/living unit. Yeas: Councilmen Bowling, Fead,
Councilwoman Gray, Councilman Lopez, Councilwomen Preble,.Reeves and
Councilman Russell. Nays: None.
Councilman Lopez made a motion, seconded by Councilman Bowling, to refer
to the City Attorney the preparation of an ordinance on the sewer rate
increase and authorize him to negotiate contracts with the districts and
'CSU. Yeas: Councilmen Bowling, Fead, Councilwoman Gray, COLinciI-ian Lopez,
Councilwomen Preble, Reeves and Councilman Russell. Nays: None.
Report on Fleet Plan for Police Department tabled
City Manager Brunton stated he would like to have the report tabled until
Bill Evans of Cresap, McCormick and Paget could be present and only set the
date of the public hearing. There were still some items he wished to
discuss with them.
Councilman Russell made a motion, seconded by Councilman Bowling, to table
the report: -and schedule the public hearing to January 17, 1974. Yeas:
Councilmen Bowling, Fead, Councilwoman Gray, Councilman Lopez, Councilwomen
Preble, Reeves and Councilman Russell. Nays: None.
Resolution adopted approving an agreement with the State Depart-
ment of Highways 11
City Manager Brunton stated this agreement had not been .renewed- for some
time and was for the maintenance of 6.48 miles of the State Highway in the
City.
City Clerk, Verna Lewis, read the resolution at length:
Councilwoman Reeves made a motion, seconded by Councilman Lopez, to adopt
the resolution. Yeas: Councilmen Bowling, Fead, Councilwoman Gray, Council-
man Lopez, Councilwomen Preble, Reeves and Councilman Russell. Nays: None.
25
26
RESOLUTION 74-3
OF THE COUNCIL OF THE CITY OF FORT COLLINS ,
APPROVING AN AGREEMENT TO BE ENTERED INTO WITH
THE STATE DEPARTMENT OF HIGHWAYS PROVIDING FOR
THE MAINTENANCE OF STATE HIGHWAYS WITHIN THE
CITY BY THE CITY AND PAYMENT THEREFOR BY THE
STATE DEPART-MENT OF HIGHWAYS
WHEREAS, the State Department of Highways, Division of Highways,
State of Colorado, has prepared and presented to the City an agrcement
providing for the City maintaining state highways within the City limits
and payment therefor by the State at the rate of $1,500.00 per mile per
year; and
WHEREAS, such proposed agreement has been approved by the City
Manager and the City Attorney.
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
game hereby are, accepted and approved; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they
hereby are, authorized and directed to execute said agreement for and on
behalf of the City of Fort Collins.
Passed and adopted at a regular meeting, of the City Council
held this 3rd day of January, A.D. 1974.
`ATTEST: Mayor
City Clerk
City Attorney authori:_-,d to pro :ed on condemnation of
Right -of -Way for Sewer Tie Line
City Attorney March stated he had reported last week and obtained authority
in connection with condemning the right-of-way to extend Timberline Road
(The Shattuck Property) and to be technically correct was requesting a
motion stating that there was a need for the City to acquire a right-6f-way
100 feet in width along the area discussed for the purpose of establishing
a road; a right-of-way 50 feet in width for the purpose of establishing a
sanitary sewer line; a right-of-way 30 feet in width adjoining the 100 foot '
right-6f way on the west for the purpose of an aerial easement for the pur-,
pose of an electric transmission line, and finding that negotiations to
26
23,
' acquire the property have been wisuccessful and,: it is necessary to instir,te
the proceedings to acquire same.
Councilman Russell Made a motion, seconded by Councilman Bowling, to auth�-
orize the City Attorney to proceed as requested and set forth the findings
as indicated. Yeas: Councilmen Bowling, Fead, Councilwoman Gray, Council-
man Lopez, Councilwomen Preble, Reeves and Councilman Russell. Nays: None.
Council Inquiries and setting of Meetings
pp Councilman Reeves inquired into a possible change of the ordinance as re-
lates to Special Called meetings. City Attorney March will prepare an
ordinance.
Councilman Bowling stated he would like to see a report on the Capital
Improvement Districts.
City Manager Brunton stated lie would have a report ty the end of the month.
After considerable discussion; S:30 P.M. January 10, 1974 was set as the
time to discuss the electric rate increase and January 17, 1974 at 12:00
noon, was set to discuss the bus question and to meet with Mr. Dare Miller.
' Ad j ournment
Councilman Fead made a motion, seconded by Councilman Lopez, to adjourn the
Council meeting. Yeas: Councilmen Bowling, Fead, Councilwoman Gray,
Councilman Lopez, Councilwomen Preble, Reeves, and Councilman Russell. Nays:
None.
Mayor
1
Attest;
City lerk !
27