HomeMy WebLinkAboutMINUTES-02/07/1974-Regular6V
February 7, 1974
COUNCIL OP 1IE 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, February 7, 1974 at 6:30 P.M. in the Council Chambers of
the City hall. Mayor Preble called the meeting to order; there were present:
Council members Bowling, Fead, Gray, Lopez, Preble, Reeves and Russeii.
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00 Staff members present: Banton, DiTullio, Bingmian, Kane, Case, Smith, March
and Lewis.
d Minutes of January 17, 1974 regular meeting approved
Mayor Preble stated copies of the minutes of the regular meeting of January
17, 1974 had been received and stood approved as published.
Plat of Village East Subdivision First Filing approved
Director of Community Development, Roy A: Bingman, identified the area and
Planning Director, William Kane, reviewed the plan, identifying the area
' for storm drainage retention, the pedestrian access to arterial streets
and the proposed separated bike lane from the vehicle pavement.
Director of Community Development, Roy A. Bingmah, stated one of the problems
encountered with developments of this type, with lots facing in, was the
board fences along the arterial streets; there is no landscape requirement
for conventional subdivisions, the staff is working under It. Bartran, how-
ever, to see if something can be worked out on this problem.
Council considered the school. impact formula for the area and the probability
that children in this development cannot use the closest elementary and
junior high schools. The problems of who will maintain sidewalks and
conventional parking width requirement on a convent ional A ter ia1 street
were addressed by Council also.
City Manager Brunton stated Council would be getting a report on a new
proposal for street design 'standards; also, a proposal on a street improve-
ment district for the area, as well as the bike lane.
Councilman Bowling made a motion to table this request for two weeks or
until a report on the above could be brought back to the Council. This
motion died for the lack of a second.
Mr. Bartran stated this project had been before the Planning and Zoning
Board, before the City Council, back before the Planning and Zoning Board
' on final, and he had first heard from the Planning Staff relative to the
fencing, landscape and sidewalk problems on Tuesday afternoon, and he felt
it posed a severe financial hardship on any developer to be al:ised at the
last minute that there was a potential problem.
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Director of Community Development, Roy A. Bingman, stated this was not
brought up as a recommendation for tabling, it was an attempt to bring
problems to the Council as they appear; Mr. Bartran had. submitted plans
that meet the standards; and if standards are modified, he felt the admin-
istration could go back andi work with him on the arterial street portion
of the development and achieve standards that are in accordance with
Council's requirements.....
Councilman Lopezxequested a report at the,next meeting on any agreement
reached:d:r;:.,;.. ; i
Councilman'Russell made a motion, seconded by Councilman Fead,; to 'approve
the plat of Village Fast First Filing, conditioned on the cooperation between
-the developer. and! the Planning staff of lie itemsi discussed. . -Yeas:
Council members Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell.
Nays: None.
Final Unit Development Plan and Subdivision Plat for
Matador Apartments�Phase IV approved
Director of Community Development, Roy A. Bingman, identified the area,
Planning Director; WilliamKane, stated this is'•the,p'roposed-final phase
of the Matador Apartments; the plan includes adequate recreation space, and
meets the PUD requirements.:•. 1, 1:.,: a:•.:,:.
Councilman Bowling: made a motion; seconded by Councilman. Lopez, toapprovethe final unit development- plan and subdivision plat for,Matador apartments,
Phase IV. Yeas: Council members Bowling, Fead, Gray, Lopez, Prcble,
Reeves and Russell. Nays: None. ,, ,•.. ,,..;
Ordinance adopted on: Second Readinb.ioning Valvista Annex-
ation•to the City of Fort Collins, Colorado ':,
Motion was made by Councilwoman Gray, seconded by Councilman Lopez, to
adopt Ordinance No. 3,.1974 on second reading. Yeas: Couiioil'members
BoWling.,_J�ead, Gray,* Lopez, Treble, Reeves and Russell. Nays:' None.
ORDINANCE NO. 3, 1974
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 VALVISTA ANNEXATION 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
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the same hereby is changed and amended by including the
property known as the ValVista Annexation 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
00 00 with this ordinance.
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C7 Introduced, considered favorably on first reading, and
Gi ordered published this 17th day of January, A.D. 1974, and
to be presented for final passage on the 7th day of February,
A.D. 1974.
Mayor
' ATTEST:
.iAil r' .1�/ 7f
Clerk
Passed and adopted on final reading this 7th day of
February, A.D. 1974.
Mayor
._ATTEST:-
_. ---
City Clerk
First reading: January 17, 1974 ,Note:. Yeas
Second reading: February 7, 1974 (Vote: Yeas
Published: January 22, and February 12, 1974
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Attest;:
City Cle
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7, Nays: 0)
7, Nays: 0)
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Ordinance adopted .on.second reading amending the zoning
ordinance by changing the zoning classification for Lemay, Ltd. '
Motion was made by Councilwoman Reeves, seconded by Councilman Russell, to
adopt Ordinance No. 4, 1974 on second reading. Yeas: Council members
Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None.
ORDINANCE NO. 4, 1974
BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING
CLASSIFICATION FOR CERTAIN PROPERTY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
That the zoning district map of the City of Fort
Collins, Colorado, adopted by the zoning ordinance of the
City of Fort Collins, is hereby amended by changing the
zoning classification from I-G, General Industrial and C,
Commercial Districts to B-P, Planned Business District 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 00*06' E and with all bearings contained herein
relative thereto, is contained within the boundary
lines which begin at a point which bears N 00106'
E 300.00 feet from the West 1/4 corner of said
Section 18 and run thence N 00006' E 375.21 feet
along said West line; thence S 89°54'.E 186.00
feet; thence N 00106' E 75.00 feet; thence S
89054' E 83.03 feet; thence S 08*17' E 25.27 feet;
thence S 89154' E 196.94 feet; thence N 31030130"
E 153.32 feet; thence S 65120130" E 6.76 feet;
thence along the arc of a 552.81 foot radius curve
to the right a distance of 219.61 feet, the long
chord of which bears S 53057'40" 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 35046'50" E 159.71 feet; thence S 89015' W
1004.04 feet to the point of beginning.
Introduced, considered favorably on first reading, and '
ordered published this 17th day of January, A.D. 1974, and
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to be presented for final passage on the 7th day of
February, A.D. 1974.
ATTEST: Mayor
Ci y Clerer k
Passed and adopted on final reading this 7th day of
February, A.D. 1974.
ATTEST: Mayor
City Clerk
First reading: January 17, 1974 (Vote: Yeas: 7; Nays: 0)
Second reading: February 7, 1974 (Vote: Yeas:.7; Nays: 0)
Published Jamy5ry/22�and February=P2, 1974
Attest:
City Clerk
Ordinance adopted on second reading assessing the cost
of improvements in Street Improvement District No. 66
and providing for the payment and collection therefore
Director of Community Development, Roy A. Bingman, stated there was a letter
received after the regular hearing date relating to credit for curb and
gutter which was installed; the administration had given credit for the
curb at today's cost only. (letter from Richard 0. Mayes and Carol B. Hayes,
700 Elizabeth Street).
Councilman Fead stated there was no "sidewalk" designation on the assess-
ment roll.
Councilman Lopez made a motion, seconded by Councilwoman Gray, to adopt
.Ordinance No. 5, 1974 on second reading. Yeas: Council members Bowling,
Fead, Gray, Lopez; Preble, Reeves and Russell. Nays: None.
ORDINANCE NO. 5, 1974
BEING AN ORDINANCE ASSESSING THE COSIT'OF IMPROVE-
MENTS IN STREET IMPROVEMENT DISTRICT NO. 66 AND
PROVIDING FOR THE PAYMENT AND COLT,FrTTnM mvcnn.,
WHEREAS, heretofore by appropriate ordinances and
' resolutions duly adopted by the Council of the City of Fort
Collins, there was established Street Improvement District
No. 66 for the purpose of installing sidewalk, curb, gutters,
street pavement and street lighting on a portion of Elizabeth
Street in the City of Fort Collins, Colorado, all pursuant
to Chapter 16 of the Code of the City of Fort Collins; and
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WHEREAS, pursuant to said ordinances and resolutions, ,
said improvements have been installed and accepted by the
City of Fort Collins, Colorado; and
WHEREAS, upon accepting said improvements, the City
Council adopted the report of the City Engineer respecting
the cost of such improvements and the schedule of assessments
prepared by the City Engineer and ordered notice to be
published as provided in Chapter 16 of'the Code of the City
of Fort Collins, which said notice was duly published as
therein provided; and
WHEREAS, Thursday, January 17, 1974, is the date set
for the hearing of complaints and objections and the determinations
of the same and for acting upon an ordinance assessing the
cost of such improvements; and
WHEREAS, all complaints and objections in writing filed
by property owners within the District have been considered'
by the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Section 1. That the total cost of the improvements in
Street Improvement District No. 66, including the cost of
engineering, legal, publication, interest during construction
and collection, to -wit: $46,512.42, less the portion of
said cost to be paid.by the City of Fort Collins, to -wit:
$4,965.03, is hereby assessed upon the real estate in said
District in acbordance with the provisions of Chapter 16 of
the Code of the City of Fort Collins, and the proportion of
said costs assessed upon each lot or tract of land in said
District shall be as follows:
Section 2. All assessments herein provided for shall
be due and payable within thirty (30) days after the final
publication of this ordinance, without demand, provided that
all such assessments may, at the election of the owners of
the property assessed, be paid in ten equal installments,
the first installment being due on the first day of November, 1974,
and on the first day of November of each year thereafter
until the full amount thereof has been paid, together with
interest on the unpaid principal at the rate of six percent
(6%) per annum, said interest to be payable at tiie time of
the principal payments. Failure to pay the whole of such
assessment within thirty (30) days as aforesaid shall be
conclusively considered and held as an election on the part
of the persons interested, whether under disability or '
otherwise, to pay in such installments.
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Section 3. In the case of election of any person to
' pay in installments as aforesaid, the failure to pay any
installment when due, whether on principal or interest,
shall cause the whole of the unpaid principal to become due
and payable immediately and the whole amount of unpaid prin-
cipal and accrued interest shall thereafter draw interest at
the rate of one percent (1%) per month until the date of
sale as hereinafter provided; provided, however, that at any
time prior to the date of sale, the owner of the property
assessed may pay the amount of all unpaid and due install-
ments, together with all interest that has accrued as afore-
00 said, and all penalties accrued, and upon such payment shall
�p be restored to the right to pay the installments in the same
Jp manner as if the default had not occurred. The owners of
C..7' any property not in default as to any installments or payments
may at any time pay the entire unpaid balance of principal,
together with interest accrued thereon, to the first day of '
the month following such payment.
Section 4. Payments may be made to the Director of
Finance at any time 'within thirty (30) days after the final
publication of this ordinance and in such event an allowance
of five percent (5%) as a discount shall be made on all
payments during such period only.
Section 5. In case of the default in the payment of
' any installment of principal or interest when due, all
property concerning which such default is suffered shall be
advertised by the County Treasurer and sold for -the payment
of the entire unpaid assessment thereon at the same time or
times and in the same manner under all the same conditions
and penalties and with the same effect as provided by law
for the sale of real estate in default of the payment of
general taxes, all as provided by Chapter 16 of the Code of
the City of Fort Collins.
Section 6. The Director of Finance shall prepare the
foregoing assessment roll in proper form as provided in
Chapter 16 of the Code of the City of Fort Collins, and
shall keep a record of all payments made during the thirty -
day period after the final publication of this ordinance and
upon the expiration of said thirty -day period, he shall
deliver said assessment roll to the County Treasurer of
Larimer County with -his warrant for collection of the same,
all as provided in Chapter 16 of the Code of the City of
Fort Collins.
Section 7. All collections made by the County Treasurer
on said assessment roll in any calendar month shall be
accounted for and paid over to the Director of Finance on
' the first day of each and every month with separate statements
for all such collections for each month in the same manner
as general taxes are paid by the County Treasurer to the
City.
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Section 8. The owner of any divided or undivided
interest may pay his share of any assessment upon producing
evidence of the extent of his interests satisfactory to the
officers having the roll in their charge.
r Section 9. If any property owner eligible therefor is
granted a deferment from the assessments made by this ordin-
ance pursuant to the provisions of Ordinance No. 106, 1973,
then the lien created on such owner's property by this
ordinance shall remain in full force and effect, -but the
same shall not be due or payable until the deferment granted
pursuant to Ordinance No. 106, 1973.has expired.
Introduced, considered favorably on first reading, and
ordered published this 17th day of January, A.D. 1974, and
to be presented for final passage on the 7th day of.February,
A.D. 1974.
Mayor
ATTEST:
Ci�y� Clerk
Passed and adopted on final reading this 7th day of
February, A.D. 1974.
. `2y"e,4�
Mayor
ATTEST:
City Clerk
First reading,: .lennmry 17, 1974
Second reading: February 7, 1974
Published: January 22 and FeUruar�^ 12,
Attest:
City Clerk
(Vote:. Yeas: 7: uays. 0)
(Vote: Yeas: 7; Nays: 0)
1974
(Assessment in Central Files)
Ordinance adopted as amended relating to the Water Utilit�
Mr. William :Hansen appeared before the Council and suggested a revision to
Section 2, Subparagraph "c" and "d", be amended to reflect the excess and
deduction of the square footage for each lot indicated.
Councilman Fead made a nation, seconded by Councilman Reeves, to amend
Ordinance No. 6, 1974, Section 2, subparagraph "c", by adding after the
period "in excess of 9,000 square feet and by adding after the period in
subparagraph "d", "under 6,000 square feet". Yeas: Council members
Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None.
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Mayor Preble stated perhaps Council should consider the "living Unit"
definition at this time.
' Mr.. Neff Casaburri of the Renters Information office and Mr. Robert W.
Seibel of Seibel Management addressed the Council on what they termed
inequity of the present definition of the living unit.
City Attorney March stated Council could set the number of one living unit,
there is no requirement that the various definitions be the same, because
of the various considerations.
Dr. Parker Preble addressed the principle involved rather than the number;
00 adding this situation had been brought to the attention of the Human
x Relations Commission which felt there was discrimination regarding the
;gip marital status.
Councilman Lopez made a motion, seconded by Councilwoman Gyav, that Council
instruct the City Attorney to draw up an amendment to the Code, relating
to utilities to change the definition of a living unit to reflect a total
of five. Yeas: Council members Bowling, Fead, Gray, Lopez, Preble,
Reeves and Russell. Nays: None.
Director of Utilities, Stan Case, spoke to the cost of service multiplier
used by the Light and Power Department for multiple use.
Councilman Bowling, made a motion, seconded ' by Councilman Fead, to adopt Ordinance No. 6, 1974 on second reading, as amended. Yeas: Council members
Bowling, Fead, Lopez and Russell. Nays: Councilwomen Gray, Preble and
Reeves.
ORDINANCE NO. 6, 1974,
BEING AN ORDINANCE AMENDING ARTICLE I OF
CHAPTER 112 OF THE CODE OF THE CITY OF FORT
COLLINS RELATING TO THE CITY WATER UTILITY
AND RATES FOR SERVICE FROM SUCH UTILITY
WHEREAS, heretofore the City Council authorized a rate study
by Black $ Veatch Consulting Engineers concerning rates to be charged
for service from the City water utility; and
WHEREAS, such engineers have completed the study and have made
their report and recommendations concerning water service rates; and
WHEREAS, such study has been reviewed by the Water Board of
the City of Fort Collins and such board has made its recommendation to
the City Council; and
WHEREAS, the City Council has considered the study and report
of Black 6 Veatch Consulting Engineers and the report and recommendations
' of the Water Board and in the opinion of the City Council it is necessary
and desirable to change the rates charged for service from the City water
utility.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS: '
Section 1. That Section 112-1 of the Code of the City of Fort
Collins be, and the same hereby is, amended by changing the definition of
"living unit" therein contained to read as follows:
"Living Unit. Living quarters for one or more persons related
by blood or marriage and may include space provided for rent
as sleeping rooms only, without cooking facilities; for not
exceeding two (2) roomers. In private residences where space
is arranged to'be rented to more than two roomers, space for
each four (4) or less additional roomers shall be considered
as an additional living unit."
Section 2. That Section 112-52 of the Code of the City of Fort
Collins be, and the same hereby is, amended to read as follows:
"Section 112-52. Flat Rates for Unmetered Water Use.
"The following flat rates shall be charged on a monthly
basis for the use of water from the water utility when
the use is not metered.
"a. For each family living unit, $3.00.
"b. For each lot having an area between. 6,000 and 9,000 '
square feet, an additional $2.55.
"c. For each. lot having an area over 9,000 square feet,
an additional $.05 per 100 square feet in excess of 9,000 square feet.
"d. For each lot having an area under 6,000 square feet,
a deduction of $.05 per 100 square feet under 6,000 square feet.
"e. The rate to be charged for such flat rate use shall
be the sum of the amounts determined pursuant. to the applicable
portions of 'subparts "a" through "d" above, except that no
flat rate user shall be charged less than the monthly minimum
charge per family living unit, which minimum shall be $3.60."
Section 3. That°Section 112-53 of the Code of the City of Fort
Collins be, and the same hereby is, amended to read as follows:
"Section 112-53. Billing Period.
"The City shall bill water users not less than once each
month."
Section 4. That Section 112-54 of the Code of the City of Fort
Collins be, and the same hereby is, amended to read as follows: ,
"Section 112-54. Proration of Charges.
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"If water rates are changed or water users institute or
' terminate service other than on established billing dates,
the water bill shall not be prorated. For flat rate users
the flat rate charge for a month, calculated in accordance
with Section 112-52, shall be the minimum charge for any
use during the month and for metered users, the rate
determined in accordance with the meter rate set forth
in Section 112-55 (or the minimum charge set forth in
such section, if such minimum charge is greater) shall
be the minimum charge for any use during the month."
Section S. That Section 112-55 of the Code of the City of Fort
QO Collins be, and the same hereby is, amended to read as follows:
"Section 112-55. Meter Rate Schedules.
"a. Schedule A. Inside City Metered Rates.
"(1) Minimum charge. The monthly minimum charge
for all metered users shall be as follows:
"(a) Residential customers, $3.00 for the
first dwelling unit, $1.80 for each additional dwelling unit.
"(b) Nonresidential customers:
Meter Size Monthly Minimum Charge
' 3/4 inch or smaller $3.00
1 inch 5.00
1-1/2 inch 10.00
2 inch 16.00
3 inch 30.00
4 inch 50.00
6 inch 100.00
8 inch 160.00
11(2) The minimum charge determined pursuant to
(1) above will entitle any nonresidential user to 2,000
gallons of water per month without additional charge and
will entitle any residential customer to 2,000 gallons.
of water per month times the number of dwelling units
served. The charge to be made for all water taken through
the meter after the allowance for the minimum charge shall
be charged for at the rate of $.24 per 1,000 gallons.
"b. Schedule B. Outside City Service.
"The charge for water on a monthly basis taken through
a meter outside of the City limits shall be 1-1/2 times
' the charge which would be made for like service inside
the City limits. When two or more taps are serviced from
one master meter, the monthly charge for said metered
water shall be computed as follows: The water metered
by the master meter shall be divided,by the number of
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taps serviced by said master meter. The charge per -tap
shall then be computed upon the basis of the above rates
for the average amount of water used per tap. The charge '
for water passed through the master meter shall be the
sum of the charges made per tap."
Section 6. This ordinance shall be effective ten (10) days
after final passage in accordance with the provisions of the Charter
of the City of Fort Collins, provided that charges for water shall
continue on the basis of the previous rates until the end of the current
billing period for each. customer of the water utility, after which time
each such, customer shall be billed at the rates set forth, in this ordinance.
Introduced, considered favorably on first reading, and ordered
published this 17th day of January, A.D. 1974, and to be presented for
final passage on the 7th day of February, A.D. 1974.
ATTEST: y —�
Mayor
City Clerk
Passed and adopted on final reading this 7th_day of February,
A.D. 1974.
ATTEST: Mayor
City Clerk
First reading: January 17, 1974 (Vote: Yeas: 4, Nays: 3)
Second reading February 7, 1974 (Vote: Yeas: 4, Nays: 3)
Published: January 22, 1974 and February 12, 1974
Attest: i
GLGt/ G�riGp
City ley
.Ordinance adopted on Second reading relating to the
Sewer Utility.
Councilman Bowling made a motion, seconded by Councilman Fead, to adopt Ordi-
nance No. 7. 1974 on second reading. Yeas: Council members Bowling, Fead, '
Gray, Lopez, Preble, Reeves and Russell. Nays: None.
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ORDINANCE NO. 7, 1974,
BEING AN ORDINANCE AMENDING ARTICLE II OF
' CHAPTER 112 OF THE CODE OF THE CITY OF FORT
COLLINS RELATING TO THE CITY SANITARY SEWER
UTILITY AND RATES FOR SERVICE FROM SUCH UTILITY
WHEREAS, heretofore the City
Council authorized a rate study
by Black
$ Veatch Consulting Engineers
concerning rates to be charged
for service from the City sanitary sewer utility; and
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WHEREAS, such engineers have
completed the study and have made
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their report and recommendations concerning sanitary sewer service rates;
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and
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WHEREAS, such study has been
reviewed by the Water Board of
the City
of Fort Collins and such board
has made its recommendations to
the City
Council; and
WHEREAS, the City Council has considered the study and report
of Black $ Veatch Consulting Engineers and the report and recommendations
of the Water Board and in the opinion of the City Council it is necessary
and desirable to change the rates charged for service from the City
sanitary sewer utility.
' NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
Section 1. That Section 112-105 of the Code of the City of Fort
Collins be, and the same hereby is, amended to read as follows:
"Section 112-105. Sewer Charges.
"The following charges shall be made for the use of the
sanitary sewer service:
"a. Inside City Residential Users Rate. The. monthly
rate to be charged for service to residential customers
inside the City limits shall be as follows:
Class of Customer Rate
Single family residential user $4.90
(either flat rate or metered
water use)
Duplex (two family) residential user 8.00
(either flat rate or metered
water use)
Multiple family residential user .43 per 1,000 gallons
' (more than two living units) of winter quarter water use with
a minimum charge of $2.00 per
month per living unit served.
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"b. Nonresidential Customers. The monthly charge to '
be made for sanitary sewer service to nonresidential customers
within the City limits shall be $.43 per 1,000 gallons of
winter quarter water use, with a minimum charge as follows:
Size of Water Meter
Monthly Minimum
3/4 inch or smaller
$2.00
1 inch.
2.66
1-1/2.inch
4.66
2 inch.
8.
3 inch
16.66
4 inch
26.66
6 inch
60.
"c. Outside City Service. The charge for sewer service
outside the City shall be 1-1/2 times the applicable inside
City rate.
"d. Definitions. For the purpose of computing the rates
set forth, above, the following terms shall have the following
meanings:
"(1) Winter Quarter Water Use. This shall be the
average monthly amount of water delivered through the meter
of the user during the preceding months of December, January
and February. In the event water service was not received
during such preceding months, the minimum charge shall apply.
If any metered customer connects to the sewer utility or
makes a change in the use of his premises or substantially
expands such premises, the City Manager or his designated
representative shall make an estimate of the water consumption
on said premises during an average winter month, based upon
a count of plumbing fixtures, consumption of similar customers
or other information relevant to such determination and such
estimate, when made, shall be the basis for the sewer service
charge until the actual winter water use for the premises
can be determined.
11(2) Living Unit. For the purpose of determining the
rate to be charged for sanitary sewer service, the term living
unit shall have the meaning set forth in Article I of this
chapter relating to water service.
"e. Nonusers of City Water. The sewer service charge for
sanitary sewer service to customers not receiving City water
service shall be negotiated by the City Manager and approved by
the City Council."
Section 2. That Section 112-108 of the Code of the City of Fort '
Collins be, and the same hereby is, amended to read as follows:
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' "Section 112-108. Proration of Charges.
"If sewer rates are changed or users institute or terminate
service other than on established billing dates, the bill
shall not be prorated. The applicable minimum charge for
a month shall be the minimum charge for any portion of a
month."
Section 3. This ordinance shall be effective ten (10) days
after final passage in accordance with the provisions of the Charter
of the City of Fort Collins, provided that charges for sewer service
shall continue on the basis of the previous rates until the end of the
00 current billing period for each customer of the sanitary sewer utility,
on
after which time each such customer shall be billed at the rates set
forth in this ordinance.
c�
Introduced, considered favorably on first reading, and ordered
published this 17th day of January, A.D. 1974, and to be presented for
final passage on the 7th day of February, A.D. 1974.
ATTEST: Mayor
City Clerk .
A.D. 1974. Passed and adopted on final reading this 7th day of February,
ATTEST: Mayor
City Clark T
First reading: January 17, 1974 (Vote: Yeas: 7; Nays: 0)
Second reading: February 7, 1974 (Vote: Yeas: 7; Nays: 0)
Published: January 22, and February 12, 1974
Attest:
City Clerk lG��
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Ordinance.adopted.on second goading amending .the zoning
Ordinance
Councilwoman Gray made a motion, seconded by Councilman Russell, to adopt
Ordinance No. 8, 1974 on second reading. Yeas: Council members Bowling
Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None.
ORDINANCE NO. 8 1974 ---
BEING AN ORDINANCE AMENDING SECTION 18-22
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO AMENDMENTS TO THE ZONING ORDINANCE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Section 18-22 of the Code of the City of Fort Collins be,
and the same hereby is, amended by adding to part A(6) of said section
at the end thereof the following:
"Upon completion of any hearing by the Planning and
Zoning Board, upon an application to rezone any parcel
of land or upon consideration of initial zoning in
the case of lands being annexed to the City, the City
Clerk shall cause the hearing by the City Council to
be placed on the agenda for a future Council meeting,
and shall give notice of such hearing as above
required."
Introduced, considered favorably on first reading, and ordered
published this 17th day of ,January, A.D. 1974,, and to be. presented for
final passage on the 7th.day of February, A.D. 1974.
ATTEST: Mayor
City Clerk
A.D. 1474. Passed and adopted on final reading this 7th day of February,
ATTEST:
Ci_ty Clerk
Mayor
r—
77
First reading: January 17, 1974 (Vote: Yeas: 7; Nays: 0)
Second reading: February 7, 1974 (Vote: Yeas: 7; Nays: 0)
' Published: January 22 and February 12, 1974
Attest:
City Clerk
Ordinance adopted as amended relating to Special Meeting
of City Council
pp The City Council had requested an amendment to this ordinance to provide for
x notification of members not present when a special meeting was called
QC during a regular Council meeting.
Mayor Preble read the amendment at length.
Councilman Fead made a motion, seconded by Councilman Bowling, to amend
Ordinance No. 9, 1974 as read. Yeas: Council members Bowling, Fead,
Gray, Preble, Reeves and Russell. Nays: None. (Councilman Lonez out
of room).
r_j
Councilwoman Gray made a.motion, seconded by Councilman Fead, to adopt
Ordinance No. 9, 1974, as amended. Yeas: Council members Bowling, Fead,
Gray, Lopez, Preble, Reeves and Russell. Nays: None.
ORDINANCE NO. 9, 1974
BEING AN ORDINANCE AMENDING SECTION 2-2 OF
THE CODE OF THE CITY OF FORT COLLINS RELATING
TO SPECIAL MEETINGS OF THE CITY COUNCIL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Section 2-2 of the Code of the City of Fort
Collins be, and the same hereby is, amended by adding thereto
at the. end thereof the following:
Notwithstanding the foregoing provisions, no
additional notice of any special meeting shall
be required to be given�to any member of the
Council who was present at a regular meeting of
the Council when such special meeting was
scheduled by the Council."
.Introduced, considered favorably on first reading, and
ordered published this 17th day of January, A.D. 1974, and to be
presented for final passage on.the 7th day of February, A.D. 1974.
77
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ATTEST:
Mayor
City Clerk
Passed and adopted on final reading this 7th day of
February, A.D. 1974.
ATTEST:
Mayor
City Clerk
First reading January 17, 1974 (Vote: Yeas: 7; Nays: 0)
Second reading February 7, 1974 (Vote: Yeas: 7; Nays: 0)
Published: January 22 and February 12, 1974
Attest:
City er
Ordnance adopted on first reading establishing additional
departments in Administrative branch of City Government
City Manager Brunton stated the City had been operating in this manner
since 1973 on a trial basis, and felt both changes had worked well.
Councilwoman Gray made a motion seconded by Councilman Fead, to adopt
Ordinance No. 10,1974 on first reading. Yeas: Council members Bowling,
Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None.
Resolution adopted giving notice of hearing of proposed rezoning
of property by Thelma Johnson
Councilman Lopez made a motion, seconded by Councilwoman Reeves, to adopt
the resolution. Yeas: Councilmembers Bowling, Fead, Gray, Lopez,
Preble, Reeves and Russell. Nays: None.
RESOLUTION 74_8 '
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
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WHEREAS, a written petition has been presented to the
' City Council requesting a change in the zoning classification
for certain property in.the City, 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
�p the provisions of the City Zoning Ordinance, and
UO
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 21st day of February,
1974, at 6:30 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 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
form attached hereto.
Passed and adopted at a regular meeting of the City
Council held this 7th day of February, A.D. 1974.
Mayor
ATTEST:
City -Clerk
70'
so.
TO WHOM IT MAY CONCERN:
A public hearing will be held on the 21st day of
February, 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 situated in the Northeast Quarter
of Section 161 Township 7 North, Range 69 West
of the Sixth P.M., City of Fort Collins, County
of Larimer, State of Colorado,, which, considering
the East line of said Section 16 as bearing N 00*32'
W and with all bearings contained herein relative
thereto, is contained within the boundary lines
which begin at a point which bears N 00132' W
510.22 feet from the East Quarter Corner of said
Section 16;
Thence N 00*32' W 809.78 feet along the East line
of said Section 16 to a point which bears S 00°
32' E 1320.0 feet from the Northeast Corner of
said Section 16;
Thence N 89143'30" W 749.0 feet'to a point, said
point being the Northeast Corner of the Second
West Elizabeth Street Annexation to the City of
Fort Collins;
Thence S 00*32' E 660.0'feet;
Thence 5 00*25' E 270.0 feet;
Thence S 89043'30" E 419.8 feet;
Thence N 00032' W 175.0 feet to a point, said
point being on the centerline of Plum Street right-
of-way;
Thence along the centerline of the Plum Street
right-of-way at a bearing of S 89143'30" E 136.38
feet;
Thence along the arc of a 100.0 foot radius curve,
the long chord of which bears S 67*57125" E, to
the..right 75.98 feet;
Thence along the arc of a 100.0 foot radius curve,
the long chord of which bears S 68021130" E, to
the left 77.39 feet;
Thence S 89043'30" E 55.0 feet to the point of
beginning.
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Said property is now zoned partly in the R-L, Low
Density Residential District and partly in the R-M, Medium
Density Residential District. The Petitioner's request
was to.rezone the property now zoned R-L, Low Density
Residential District to R-M, Medium Density Residential
District. The Planning and Zoning Board has recommended
that all of said property be placed in the RMP, Medium
Density Planned Residential District'.
City C erk
Resolution adopted directing a study be made of the
Electric Utililty Rates by the .City Light and..Power
Department
Mayor Preble inquired if Councilwoman Reeves had any additional requests
on the scope of the study.
Director of Utilities, Stan Case, stated he could report briefly on the
flattening of rates as follcws:
Results of Flat Electric Rate Structure to cover average costs instead of
actual cost -of -service:
Rate I Residential
Rate 2 Commercial -
Rate 4 Large Power -
Rate 11 Combined
L $ P
Rate 5 Industrial -
CSU
9.68% reduction
26.54% reduction
31.73% it
loss of $142,885
if " 299,311
if It 34,780
8.68%
increase
-gain of
61,188
46.31%
increase
-gain of
65,987
76.04%
increase
- gain of
386,649
Councilman Russell made a motion, seconded by Councilman Bowling, to adopt
the resolution. Yeas: Council members Bowling, Fead, Gray, Lopez,
Preble, Reeves and Russell. Nays: None.
RESOLUTION 74-9
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DIRECTING A STUDY BE MADE OF ELECTRIC UTILITY
RATES BY THE CITY LIGHT AND POWER DEPARTMENT
WHEREAS, the Board of Directors for the Platte River Power
Authority, which furnishes power to the Light and Power Department of
the City of Fort Collins, has adopted a resolution making effective new
revised rates for power; and
m
WHEREAS, the City of Fort Collins was notified of these revised I
rates on December 20, 1973, and the rates are to be effective for the
moathly.billing period.ending on or about January 24, 1974; and
WHEREAS, the Platte River Power Authority anticipates annual
rate increases resulting from increased cost of power from the United
States Bureau of Reclamation and debt service requirements of the proposed
Yampa Project and associated transmission facilities; and
WHEREAS, it is apparent that it will be necessary to revise
the rates for customers of the Fort Collins Light and Power Department
in order to meet the increased expenses which will be incurred by the
City utility; and
WHEREAS, the City Council desires to set forth certain policies
of the City Council and requirements of the City Charter and ordinances
relating to the establishment of rates for the City electric utility.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
Section 1. The Light and Power Department is hereby directed
to undertake a rate study for the City electric utility and to make recom-
mendations to the City Council regarding the rates to be charged for
service from said utility.
Section 2. The rate and finance policy for the City of Fort
Collins fight and Power Department shall be as follows:
A. Fundamental Purpose. The fundamental purpose of the
Fort Collins Light and Power Department shall be:.
1. To supply electric energy in adequate amounts,
reliably, economically, in an environmentally acceptable fashion, and with.
due regard to conservation of natural resources.
2. To provide ever higher standards of electric service,
utilizing progressive management techniques and business principles, to
construct, operate and maintain the Fort Collins energy supply system for
the benefit of the consumer. and the community.
B. Rates. Electric rates will be based upon the cost of
service approach to reflect full distribution of costs to appropriate rate
classes,in order to effect proper sharing of costs. Rates will be estab-
lished and maintained at a level sufficient:
1. To pay the full cost of operation and maintenance
of the electric utility in good repair and working order.
2. To pay the principal and interest on all bonds of '
the City due and payable from electric revenue.
W,
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3. To provide and maintain an adequate working capital
for theday to day business operations.
4. o provide and capital
improvement fund for the replacement maintain ment ofdepreciatedpandlobsoleteation dproperty
and for the extension, improvement, enlargement, and betterment of the
electric utility. .The depreciation and capital improvement fund will be
maintained at a minimum level equal to the annual average of the approved
five-year capital improvement program.
S. To pay into the general fund of the City of Fort
Collins in lieu of taxes and franchise permits 7-1/2% of revenues from the
sale of electric energy and an additional 1% into the general fund as payment
M for City services, including, but not limited to, administrative, legal,
X personnel, safety, purchasing and financial functions. Payments will be
QD made monthly on the basis of actual revenues from the preceding month. The
C7 department will submit to the Council at budget time an estimate of the
amount of taxes and franchise fees that would be chargeable against the
Light and Power Department if the utility were privately owned.
C. Revenues. All net operating revenues of the Light and
Power Department shall be paid into the Light and Power Depreciation and
Capital Improvement Fund and such funds shall.be expended only for renewals,
replacements, extraordinary repairs, extensions, improvements,:enlargements
and betterments of th.e.electric utility.
D. Operating Records.
' 1. The Light and Power Department will maintain all
records in accordance with the Federal Power Commission Uniform System of
Accounts prescribed for public utilities.
2. The accounts of the Light and Power Department shall
.be kept separate and distinct from all other accounts of the City and shall
contain proportionate charges for all services performed by other departments
as well as proportionate credits for all services rendered to other depart-
ments.
Passed and adopted at a regular meeting of.the City Council
held this 7th day of February, A.D. 1974.
ATTEST�l��b'�tx—
Mayor
u y Clerk
1
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64
Resolution approvi
the Division of Ili
an Urban Area Boundary Mnp submitted by
ays of the State of Colorado
Director of Community Development, Roy A. Bingman, presented a boundary map
and stated the Highway Department had tried to identify the urbanized area
for funds allocated for urban areas as opposed to rural areas, and this
will define the area where urban funds may be spent.
This map can be updated on a yearly basis. .
Councilman Russell made a motion, seconded by Councilwoman Reeves, to adopt
the resolution. Yeas: Council members Bowling, Fead, Gray, Lopez, Preble,
Reeves and Russell. Nays: None.
RESOLUTION 74-10
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN URBAN AREA BOUNDARY MAP SUBMITTED
BY THE DIVISION OF HIGHWAYS OF THE STATE OF COLORADO
WHEREAS, the Division of Highways of the State of Colorado has,
pursuant to the requirements of the 1973 Federal -Aid Highway Act, estab-
lished boundaries for an urban area which includes the City of. Fort
Collins; and
WHEREAS, an Urban Area Boundary Map. has been submitted to
the City Council; and
WHEREAS, the Mayor and the City Council of the City of Fort
Collins have had an opprotunity to inspect said Map; and
WHEREAS, it is deemed in the best interests of the City of
Fort Collins to accept the boundaries as shown on the Urban Area Boundary
Map herein described.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLIN'S that the Urban Area Boundary as shown on the Map submitted
to the Mayor and the City Council of the City of Fort Collins by the
Division of Highways of the State of Colorado.is hereby accepted and
approved.
Passed and adopted at a regular meeting of the City Council
held this 7th day of February, A.D. 1974.
ATTEST:
City C k
Mayor
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Lid . < � • • '•=��� i(
il
FORT COLLINS r
.COLORADO �f......
BOUNDARY
12�'3-7
1 i
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Resolution adopted approving an agreement with the
Platte River Power Authority ,
r=
Councilman Lopez made a motion, seconded by Councilman Bowling, to adopt
the resolution. Yeas: Council members Bowling, Fead, Gray, Lopez,
Preble, Reeves and Russell. Nays: None.
RESOLUTION 74-11
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AGREEMENT TO BE ENTERED INTO
WITH THE PLATTE RIVER POWER AUTHORITY PROVIDING
FOR THE SALE OF CERTAIN TRANSMISSION FACILITIES
OF THE CITY OF FORT COLLINS LIGHT AND.POWER
DEPARTMENT TO THE PLATTE RIVER POWER AUTHORITY
WHEREAS, the City of Fort Collins purchases and receives all
electric power and energy which it requires from the Platto River Power
Authority; and
WHEREAS, sotle,of the transmission facilities of the City of Fort
Collins Light and Power Department were acquired and constructed anticipating
that they would eventually be used by the Platte River Power Authority to
serve the City* of Fort Collins and other cities receiving power from said
Authority; and
WHEREAS, such facilities, because of the establishment of the '
Platte River Power Authority, are surplus to the system of the City of Fort
Collins and'can be disposed of provided that the City retains the right to
use such facilities for its transmission needs; and
WHEREAS, an agreement has been prepared providing for the sale
to the Platte River Power Authority of the surplus facilities, but reserving
to the City of Fort Collins the right to use such facilities for its own
transmission needs; and
WHEREAS, the terms and conditions of said agreement have been
approved by the City Manager and the City Attorney and the City Council
desires to approve the same.
NOW, THEREFORE, BE IT RESOLVED EY THE COUNCIL OF THE CITY OF FORT
COLLINS:
- Section 1. The City Council hereby finds and determines that
the facilities of the City of Fort Collins Light and Power.Department
described. in the proposed agreement between the City of Fort Collins and _
Platte River Power Authority are surplus and should be disposed of by
sale to Platte River Power Authority, reserving a right to use the same
in the City.
Section 2. The terms and conditions of the proposed agreement '
between the City of Fort Collins and Platte River Power Authority be, and
the same hereby are, accepted and approved.
In
Section 3. The Mayor and City Clerk be, and they hereby are,
authorized and directed to execute for and on behalf of the City of Fort
' Collins the proposed agreement between the City of.Fort Collins and Platte
River Power Authority, the Bill of Sale to Platte River Power Authority
transferring ownership of the facilities covered by said agreement and
assigning -to Platte River Power Authority the right of way from the Union
Pacific -Railroad Company upon which such facilities are.erected.
Passed and adopted at a regular meeting of the City Council
held this 7th day of February, A.D. 1974.
00
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Ca ATTEST:.' Mayor
City Ci et
Resolution adopted approving an agreement with the Union
Pacific Railroad Company, the Platte River Power Authoritv
and the City of Fort Collins for a Right -of -Way
' City Clerk Verna Lewis read the resolution at length.
Councilman Bowling made a motion, seconded by Councilman Lopez, to approve
the resolution. Yeas: Council members Bowling, Fead, Gray, Lopez,
Preble, Reeves and Russell. Nays: None.
. - RESOLUTION 74-12 -
WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to
the CITY OF FORT COLLINS, State of Colorado, an agreement whereby
the CITY. OF FORT COLLINS assigns to Platte River Power Authority,
with the consent of the Railroad Company, all -of its right, title
and interest in and to contract dated September 3, 1970, between
Union.Pacific Railroad Company and City of Fort Collins covering
the construction, maintenance and operation of two overhead power
wire lines on and along the right of way and over the track of the
Railroad Company's Fort Collins Branch, near Harmony, Larimer County,
Colorado; said agreement being identified as Railroad Company's
C.D.,No. 39850-5-A; 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, State of Colorado, will be subserved by
' the acceptance of said agreement:
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS, SPATE OF COLORADO:
07
M
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, em-
powered
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 dup-
licate original of said agreement a certified copy of this
resolution.
STATE OF COLORADO )
), s s
COUNTY OF LARAKER )
I� �/(j�17 �� City Clerk of. the
City. of Fort Collins,Sts*��f olnr/ ereby certify that the above
and foregoing is a true, lull and correct copy of a resolution
adopted by the Council of the City of Fort Collins,State of Colorado,
at a meeting held according to law at Fort Collins, Colorado
on the '2 «" day of 7. z A . aAa , 1974 , as
the same appears on file and of record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand .and
affixed the corporate seal of said. City, this ,
19 74
day of 7.��,n�r,��.+,vc >
City Clerk of the City cf
Fort Collins, State of Colcrado.
Resolution adopted approving a temporary use permit to be
entered into between the City of Fort Collins and the
Northern Colorado Water Conservancy District
City Attorney March stated this was just to renew the use permits now c,wned
by the City.
Councilman Lopez made a motion, seconded by Councilman Russell, to adopt the
resolution. Yeas: Council members Bowling, Fead, Gray, Lopez, Preble,
Reeves and Russell. Nays: None.
RESOLUTION 74-13
OF THE COUNCIL OF THE CITY OF FORT COLLINS '
APPROVING A TEMPORARY USE PERMIT TO BE ENTERED
INTO BETWEEN THE CITY OF FORT COLLINS AND THE
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
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89
' WHEREAS, the City of Fort Collins has acquired Two Hundred
Twenty -Seven (227) acre-feet units of the waters of the Northern Colorado
Water Conservancy District; and
WHEREAS, said units have not been put on permanent contract
_ but are held by the City under a Temporary Use Permit which expires
on March 1, 1974; and
WHEREAS, the City of Fort Collins desires to renew said
Temporary Use Permit and a Temporary Use Permit has been submitted to
ao the City by the Northern Colorado Water Conservancy District which has
X been approved by the City Manager and City Attorney.
UO
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
a FORT COLLINS that the terms and conditions of said Temporary Use Permit'
be, and the same 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 such Temporary Use
Permit for and on behalf of the City of Fort Collins.
Passed and adopted at a regular meeting of the City Council
held this 7th day of February, A.D. 1974.
1
ATTEST:
City Clerk
Mayor
Resolution adopted approving a temporary use permit agreement
to be entered into with the Northern Colorado Water
Conservancy District
City Attorney March stated "specifically", this was the other half of the
water the City is acquiring in exchange for the Mountain and Plains water.
Councilman Bowling made a motion, seconded by Councilman Fead, to adopt the
resolution. Yeas: Council members Bowling, Fead,-Gray, Lopez, Preble,
Reeves and Russell. Nays: None.
RESOLUTION 74-14
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING
A TEMPORARY USE PERMIT AGREEMENT TO BE ENTERED INTO
WITH THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT
D9
WHEREAS, the City of Fort Collins has obtained 47 acre-feet ,
units of the waters of the Northern Colorado Water Conservancy District;
and
WHEREAS, said district has tendered to the City a temporary use
permit for 47 acre-feet units, allocating such waters to the City; and
WHEREAS, sudh temporary use permit has been approved by the
City Manager and the City Attorney and it is in the best interests of
the City to execute the same.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the temporary use permit between the City and the
Northern Colorado Water Conservancy District be, and the same 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 the same for and on
behalf of the City of Fort Collins.
Passed and adopted at a regular meeting of the City Council
held this 7th day of February, A.D. 1974.
ATTEST: Maygr
City CltIrk
City Manager Brunton stated the administration recommended the additional
purchase of one unit of Horsetooth water at $300.
Councilman Bowling made a motion, seconded by Councilman Lopez, to author-
ize the purchase of an additional unit at $300. Yeas: Council members
Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None.
Resolution adopted assigning the amount heretofore
appropriated for expenditures during the year 1974
for salary and:fringes under.the.insurance and
retirement account classification to specific departments
City Manager Brunton stated the Administration was proposing to make the
changes during the year instead of making them all at the end of the year. '
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City Attorney March stated there was one inconsistency; in changing the
heading of one of the columns which was not changed on the second page
of the resolution.
Councilwoman,Reeves made a motion, seconded by Councilwoman Gray, to
change the headings on the second page to correspond with the headings on
the first. page. Yeas: Council members Bowling, Fead, Gray, Lopez,
Preble and Reeves. Nays: None. (Councilman Russell out of room)
Councilwoman Reeves made a motion, seconded by Councilman Bowling, to adopt
the resolution. Yeas: Council members Bowling, Fead, Gray, Lopez,
Preble, Reeves and Russell. Nays: None.
RESOLUTION 74-15
OF THE
COUNCIL OF THE CITY OF FORT COLLINS
ASSIGNING THE AMOUNT HEREFORE APPROPRIATED
FOR EXPENDITURES DURING THE YEAR 1974 FOR
SALARY AND FRINGES UNDER THE INSURANCE AND
RETIREMENT ACCOUNT CLASSIFICATION TO SPECIFIC
DEPARTMENTS
WHEREAS, in approving the budget for the year 1974, the City Council
approved a total expenditure for insurance and retirement amounting to $622,600;
and
. WHEREAS, included in such amount was an amount totaling $200,000;
which allocation was made because the City Council anticipated increasing salaries
of General.Fund personnel, but had not yet determined the allocations of salary
increases; -and
WHEREAS, the City Manager has made his recommendation to the City
Council as to the allocation of a portion of the amount appropriated for salary
increases and the Council now desires to allocate a portion of the budgeted funds
to specific departments in order to implicate such recommendation,
NOW, THEREFORE, BE IT RESOLVED BY THE. CITY OF FORT COLLINS that the
sum of $131,823 budgeted and appropriated under the insurance and retirement
account is hereby allocated to departments for salary increases within such
departments as follows:
Total Salaries Additional
Department or Division Revised Original Allocation
City Manager 33,180
Finance 127,573
pity Clerk 32,767
General Administrative Services
30,264
2,916
118,650
8,923
31,028
1,739
91
Administration 25,872 24,417 1,455
Personnel 32,995 31,122 1,873 ,
Purchasing _ 43,827 39,355 4,472
Building & Grounds 19,250 14,498 4,752
Employee Safety 8,742 5,804 2,938
DEPARTMENT OR DIVISION Total Salaries Additional
REVISED ORIGINAL Allocation
Human Resources 20,112 18,972 1,140
Boards & Commissions 2,592 2,442 150
Municipal Court (excluding judges) 19,878 18,640 1,238
Parks & Recreation
Administration 26,640 25,128 1,512
Recreation (including youth center 71,685 68,970, 2,715
Parks 92;669 87,108 5,561 '
Cemeteries 57,977 54,300 3,677
Forestry 34,968 33,414 1,554
Indoor Swimming Pool 11,736 11,072 664
Fire 656,789 624,528 32,261
Police 739,836 714,117 25,719
Community Development
Administration 29,985 24,492 5,493
Engineering 126,168 124,446 1,722
Planning 64,925 60,997 3,928
Building Inspection 114,337 107,486 6,851
Traffic 58,761 58,121 640
Library 125,583 117,653 7,930
TOTALS t 2,578,847 2,447,024 131,823
92
93
Passed and adopted at a regular meeting of the City Council held this day
of, ,�_ , A. D. 1974. 7
Rayor ,
ATTEST:
00
ljo 00
Clty Clerk
Resolution adopted approving, authorizing and confirming
amendments to the Rules and Procedures relating to the
issuance of 3.2 Beer Licenses and Liquor Licenses:recom-
mended by the Liquor Licensing Authority
City Attorney March reviewed the primary changes.
Councilman Lopez inquired how long it took to finalize an application. City:
' Attorney March responded it may take up to 90 days, and he felt it was
necessary to streamline the procedure.
Councilman Lopez made a motion, seconded by Councilwoman Gray, to amend the
resolution by changing the amount for a transfer fee for 3.2% Fermented
Malt Beverage License from $20 to $50. Yeas': Council members Bowling,
Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None.
Notion was made by Councilman Lopez, seconded by Councilwoman Gray, to
adopt the resolution, as amended. Yeas: Council members Bowling, Fead,
Gray, Lopez, Preble, Reeves and Russell. Nays: None.
RESOLUTION 74-16
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING, AUTHORIZING AND CONFIRMING AMENDMENTS
TO THE RULES AND PROCEDURES RELATING TO THE
ISSUANCE OF 3.2 BEER LICENSES AND LIQUOR LICENSES
RECOMMENDED BY THE LIQUOR LICENSING AUTHORITY
WHEREAS, heretofore the City Council adopted certain rules and
regulations relating to the issuance of liquor licenses and 3.2 beer
licenses, which regulations are set forth in Chapter A123 of the Code
' of the City of Fort Collins; and
WHEREAS, since such time the City counci-1 has established the
Liquor Licensing Authority which now has jurisdiction over such licenses;
94
WHEREAS, said Authority has requested that the City Council
approve amendments to said rules and regulations and the Council desires
to approve the same. '
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
Section 1. The Council hereby recognizes that the Liquor
Licensing Authority has the power, subject to confirmation by the
City Council, to amend and change the rules and regulations referred
to above.
Section 2. The following changes to such rules and regulations
made by the Liquor Licensing Authority are hereby accepted and approved:
A. Amend Section A123-3 of the Code of the City of Fort Collins
to read as follows:
"Section A123-3, Procedures Preliminary to Hearing.
"D. The City Manager shall report to the Licensing Authority
the result of his investigation as soon as possible and, in
any event, at least three weeks prior to the date set for
hearing on the license application. The City Manager shall
further report at such meeting on the number and tYpe of
liquor outlets within one mile in any direction of the
proposed location and shall recommend to the Authority the
boundaries to be established for the neighborhood which
would be served by the proposed license. Based upon such
report and any other evidence which the Licensing Authority
may consider, the Authority shall make its determination
in writing as to whether or not the application for a
license shall be received and acted upon. The result of
such determination shall be furnished to the applicant
and any other interested party. At such time the Authority
shall further determine the boundaries of the neighborhood
to be served by the proposed license and shall hear evidence
from any interested party as to the setting of such boundaries.
At such time the Authority shall direct the City Clerk to
comply with the notice provisions as herein contained and
at the time of final hearing the Local Licensing Authority
shall make a determination as to the accuracy of such
publication and posting. At the hearing the Local Licensing
Authority shall further make a preliminary determination as
to the qualifications of the applicant regarding his character,
reputation, citizenship and other matters applicable. All
determinations at the preliminary hearing will be subject
to change in the event further evidence is introduced at
the hearing."
B. Amend Section A123-6 of the Code of the City of Fort Collins
by adding to paragraph D the following sentence:
"A transfer fee of fifty dollars ($50.) shall be deposited with
the application, the same to cover the work of investigation
and review by the City Clerk and Police Department."
C. Amend Section A123-11 of the Code of the City of Fort Collins,
subsections G, H, L, N,.O and P, as follows:
45
"Section A123-11, New Licenses; Policies and Procedures.
' "G. All applications shall be filed with the City Clerk and
upon receiving the same, the City Clerk shall cause a
preliminary hearing on the application to be set on the
agenda for a Liquor Licensing Authority meeting to be held
no less than eleven (11) nor more than thirty (30) days
after the receipt of the application. The City Clerk
shall further submit copies of the application, with all
exhibits thereto, to the City Attorney and the Police
Department. The City Clerk shall further advise the
applicant of the date for preliminary hearing, and the
applicant shall appear at such hearing. At the preliminary
x hearing, the Liquor Licensing Authority shall determine
whether the application is in compliance with the require-
ments of law, and if it so complies, the Liquor Licensing
Authority shall set a date for hearing the application and
may impose special requirements on the applicant not incon-
sistent with this resolution, the ordinances of the City or
state law.
"R. The Liquor Licensing Authority hereby determines and estab-
lishes that the immediate neighborhood most likely to be
affected in connection with the fermented malt beverage
license is an area two thousand (2,000) feet in each
direction from the address of the applicant, squared to
I the nearest street and to include both sides of the streets
which are indicated as the boundaries. In the event that
the proposed location is such that the aforedefined neigh-
borhood does not appear reasonable, the Liquor Licensing
Authority shall at th-e preliminary hearing set the boundaries
of the neighborhood. The applicant shall be presumed to
have agreed to the boundaries so established unless he
shall file a written protest as to such boundaries with
the Authority not less than five (5) days after the date
of the preliminary hearing.
"L. (2) The Authority may at the public hearing limit the
presentation of evidence and cross-examination, so as
to prevent repetitive and cumulative evidence or exam-
ination.
"N. The Liquor Licensing Authority may make,such independent
investigation as it deems necessary or advisable in connection
with any application for a license.
"0. Before entering any decision approving or denying any
application, the Liquor Licensing Authority shall consider
the facts and evidence obtained as the result of the investi-
gation, as well as any other facts presented at the hearing
' or obtained as a result of an independent investigation by
the members of the Authority; the reasonable requirements of
the neighborhood for the type of license for which the applica-
96.
tion has been made; the number, type and availability of other -�
licensed outlets located in or near the neighborhood under
consideration; and any other pertinent matters affecting the
qualifications of the applicant for the conduct and the type
of business proposed.
"P. The decision of the Authority approving or denying the
application shall be in writing, stating the reasons there-
for, and shall be announced within thirty (30) days after
the date of the public hearing. A copy of such decision
shall be sent by certified mail to the applicant at the
address as shown on the application."
D. Amend Section A123-12 of the Code of the City of Fort Collins,
subsections C, H, I and J thereof, as follows:
"Section A123-12, Change of Ownership of Licensed Premises.
"C. In the case of the transfer of ten percent (10%) or more
of the capital stock of any corporation holding a license,
such change shall be reported not less than ten (10) days
prior to such transfer, and approval shall be obtained
from the Liquor Licensing Authority before such transfer
is made.
"H. A transfer fee of fifty dollars,($S0:•). shall be deposited
1
with the application, the same to cover the work of investi-
gation and review by the City Clerk and Police Department.
"I. This type of change does not require a public hearing to be
conducted by the Liquor Licensing Authority, but must be
presented to the Liquor Licensing Authority for recommendation
to the State Licensing Authority. It shall not be necessary
to post notice on the premises nor to publish legal notice
of the proposed transfer in connection with this type of
change.
"J. No preliminary hearing shall be held in connection with this
type of application; but the City Clerk, upon receiving such i
application, shall set the matter for hearing on the agenda
of the Liquor Licensing Authority at a date not less than
eleven'(11) days nor more than thirty (30) days from the
date of receipt of the application."
E. Amend Section A123-13 of the Code of the City of Fort Collins,
subsections B and C thereof, as follows:
"B. The policies and procedures for such change of licensed
promises shall be the same as those set forth in §A123-11
hereof, except information and investigation regarding
the applicant shall not be required. The application fee
of throe hundred dollars ($300.) shall be charged; provided,
however, that in the case of an enlargement of the premises
amounting to an increase -in size of the premises not
exceeding twenty-five percent (25%) of the original
licensed premises, the fee charged shall be twenty dollars
($20.), and the publication and posting of the premises
and the services of a reporter at the hearing shall not
be required, unless otherwise ordered by the Liquor
Licensing Authority.
.JO
%j
"C. Applications for change under this section shall be made
on forms to be provided by the City, and application shall
be filed with the City Clerk as in applications under
§A123-11 hereof."
4 Passed and adopted at a regular meeting of the City Council
held this 7th day of February, A.D. 1974.
ATiESTt
7i�
City Clerk
Mayor
Resolution adopted memorializing the Congress of the
United States and the National Railroad passenger Corporation
to provide intercity rail passenger service between cities
in Colorado located along the.front range of the
Rocky bbuntains
Mayor Preble stated the City of Colorado Springs had requested the City of
Fort Collins and the cities along the front range to adopt this resolution.
Councilman Fead made a motion, seconded by Councilwoman Reeves, to adopt
the resolution. Yeas: Council members Bowling, Fead, Gray, Lopez,
Preble and Reeves. Nays: Councilman Russell.
A RESOLUTION 74-17
MEMORIALIZING THE CONGRESS OF THE UNITED STATES
AND THE NATIONAL RAILROAD PASSENGER CORPORATION
TO PROVIDE INTERCITY RAIL PASSENGER SERVICE
BET11EEN CITIES IN COLORADO LOCATED ALONG THE
FRONT RANGE OF THE ROCKY MOUNTAINS
WHEREAS, the United States of America is in the midst
of a severe shortage of energy, commonly referred to as the
"energy crisis," and
97
yH
WHEREAS, the energy crisis is causing, and will continue
to cause a shortage of petroleum products which will 'severely dis-
rupt intercity travel by automobile and bus, and
WHEREAS, an increase in railroad passenger service will
greatly alleviate this situation,
NOW, THEREFORE, BE IT RESOLVED .BY THE CITY COUNCIL OF THE
CITY OF FORT COLLINS:
That the Congress of the United States and the National
Railroad Passenger Corporation, with all due diligence, provide
.intercity rail passenger service between cities in Colorado located
along the front range of the Rocky Mountains.
BE IT FURTHER RESOLVED that other cities in Colorado along
the front range be requested to pass similar resolutions.
A.D. 1974. Dated at Fort Collins, Colorado, this 7th day of February,
Mayor
ATTEST:
City Clerk
Recreation programs for handicapped authorized
Councilwoman Gray stated she had been fortunate enough to be the City Council's
representative to the Parks and Recreation Board and spoke favorably to the
program.
Councilman Lopez spoke to the need to investigate the use of the present
facilities (Club Tice), and the possibility of roving programs for the
handicapped to facilities where they are r,ot reruired to climb stairs and
converting the building back to student use.
CouncilwomanGray made a motion, seconded by Councilman Lopez, to authorize
the administration to transfer $1,455 from the Contingency Fund to the
Recreation Fund through December 14, 1974. Yeas: Council members Bowling,
Fead,.Gray, Lopez, Preble, Reeves and Russell. Nays: None.
1
M
919
Purchase of additional land at Lincoln J. High School
eL site for parking purposes approved
City Attorney March reviewed the map indicating the properties around
Lincoln Jr. High School to be used for a parking lot in connection with
the swimming pool; indicated the areas already acquired and spoke to the
offers for the properties indicated as "L" and 'T'.
The price offered for "L" is $15,900, tie price offered for 'T" is
$18,000, and he was renuesting that the Council authorize him to accept
- those offers and close those purchases.
00
x Councilman Fead made a motion, seconded by Councilman Bowling, to instruct
00 the City Attorney to complete the negotiations at the above prices. Yeas:
Council members Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell.
Nays: None. _ .... - .
Report on Tennis Court renovations
The following is the memorandum on this item to the Council from the City
- Manager:.
e -
In the 1974 budget we listed a number of items regarding construction
and renovation of tennis court facilities in the city. Among the
items were $9,000 foi renovating and $10,800 for lighting City Park
tennis courts, and $18,800 for lighting Poudre High School tennis
courts. Enclosed is a copy of a memo from H. R. Phillips about our
tennis program.
It appears it would be more advantageous for us to completely remove,
renovate, and reconstruct the three tennis courts at City Park. In
any case we would only put in the lighting if we got the first phase
of the work on these two projects completed.
Recommendation: Since money is budgeted for tennis court activities,
no specific action is required on the part of the Council. However, -
we want to keep you informed as to our proposed change in allocation
in case there are any objections. We believe the complete rebuilding
of the three tennis courts is a high priority item.
No action taken by the Council on this item.
Other Business
1. CouncilmanBowling stated it had been brought to the attention of
several Council members from people who attend Council meetings that some
people are prohibited from attending Council meetings, because of the
smoking in -the Council Chambers and the fact that the room has poor venti-
lation, therefore:
Councilman Bowling made a motion, seconded by Councilman Fead, that smoking
be prohibited in the Cowlcil Chambers, that all ash trans be removed and
the room posted. Yeas: Council members Bowling, Fead, Gray, Lopez,
Reeves and Russell. Nays: Mayor Preble.
IUO
2. Councilman Russell addressed the Administration in regard to an article
that appeared in the newspaper - relating to the Police Department and
their relations with the Mexican -American community.
The following is a list of questions posed by Councilman Russell:
Statement of Lt. Davis - relating to specific identity problems concerning
Police and Mexican -Americans.
Identify failure of departments command to recognize these problems.
A report on dead storage and dog ordinances - violations.
Interrogation procedure of all juveniles.
A 3 year report on recruitment on Mexican -Americans, and case history on
each applicant.
Training procedures for existing policemen involving all minorities.
Determine by comparison with other cities the value of Police sponsored
programs to better acquaint Mexican -Americans with Police.
A'specific account of brutality.
Interpretation of lack of leadership as quoted by Lopez, and why the
Chief does not get feed back, therefore, does not understand the situation -
a definite statement from Chief Smith concerning the recent reorganization.
Is this area mentioned by Welfare Rights included in beat system - and
frequency of patrol, as compared with other areas.
Before issuing tickets for dead storage, -explain procedure for notification
(if any).
Explain street interrogations as compared to other areas.
Is it true that a different standard of questioning is used on juveniles.
A specific case must be requested, and personal letter or appearance
presented to show cause for "distrust of department".
Proposed meeting, Dan Fychner and Welfare Rights - attended by members of
Council and Human Rights Commission.
I want a statement from those officers quoted by Mrs Lopez concerning their
mistrust pf the criminal justice system.
Councilman Lopez spoke to the subject and it was the concensus of the
Council that the Administration submit a report at the next Council meeting
of February 21, 1974.
w
I
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' 3. Councilman Bowling stated that since Council had authorized the
closing of the landfill on Sunday, he had received numerous complaints.
Councilman Fead stated he had received the most complaints he has ever
received on this subject.
Councilman Bowlin¢ made a motion, seconded by Councilman Lonez, tn instruct
the Administration to remove the Sunday closing and retain the same hours
as previously established. Yeas: Council members Bowling, Fead, Gray,
Lopez, Preblle, Reeves and Russell. Nays: None.
�u 4. Councilman Lopez reported on his meeting with the Chamber of Commerce
relative to having the City Manager on the Board as an ex-officio member.
His recommendation was that the Administration encourage those members of
the City staff to participate on the.various committee's of the Chamber.
No further action taken'by the Council on this matter.
Adjournment
Councilman Lopez made a motion, seconded by Councilman Fead, to adjourn
the meeting. Yeas: Council members Bowling, Fead, Gray, Lopez, Preble,
Reeves and Russell: Nays: None.
ATTFSF :
:ity Cler
1
Mayor
101