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HomeMy WebLinkAboutMINUTES-03/07/1974-Regular1 13, 0 March 7, 1974 COUNCIL OF THE CIW OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 P.M. Council members present: Bowling, Fead, Gray, Preble, Reeves and Russell. Staff members present: Brunton, DiTullio, Bingman, Kane, Parsons, Smith, Cain, March and Lewis. Presentation of appreciation plaques to Rolland Moore and Lee Dixon. Mayor Preble stated it was a great pleasure to present the plaque with the following inscription to Rolland Moore: To Rolland Moore, Park Superintendent In deep appreciation. for 45 years of faithful and dedicated service to the City of Fort Collins 1929 to 1974 1 The following plaque was presented to Mr. Lee Dixon: To Lee Dixon, Parks Department ' In deep appreciation for 14 years of faithful and dedicated service 1960 to.1974 Exxon!Oil Company recipient of Merchant of the Month Award Assistant Fire Chief, Don Hisam, stated Air. Morey Garton, of }boon Oil Company had been chosen Merchant of the Month, the third award given in the last year to a bulk oil storage facility, for their efforts in Fire prevention. Minutes of February 21, 1974 Regular meeting approved as nublished Mayor Preble stated copies of the minutes of tile February 21, 1974 meeting of February 21, 1974 had been received: hearing no corrections, they stood approved as published. Final Unit Development and Plat for College Greens Planned Unit Development approved Director of Conmiunity Development, Roy A. Bingman, identified the area in , question, adding that the zoning is RLP Mr. Bingman stated associated with this property, is the Stover Street 130 t 3 11 question which is now resolved and the paving is being installed now for ' the hill width of the street, and will be completed in the Spring. Planning Director, William Kane, spoke to the plan in detail; Councilman Russell inquired into standardized street width. Planning Director, William Kane, stated it was correct that there were different street widths allowed; the matter will be resolved with the new PUD ordinance to come before the Council. Developer Wally Jungmeyer, stated the Street width was 32', and presented 00 . the proposed development plans. Councilwoman Gray inquired into the ownership of the property in question, Mr. Jungmeyer stated he had entered into -an agreemeiii with a limited ppartnership, called College Greens Limited. City Attorney March inquired who had signed the statement of ownership and dedication on the plat. Mr. Jung Byer stated he and Mrs. Guard had signed it. Mrs. Guard also stated there were no incunberances. Planning Director, William Kane, summarized the concerns expressed at the Planning and Zoning Board meeting, included in the minority report, having to do with the school impact; also, the staff recommendation for approval. Ms. Martha Tri.ble, 1909 Stover and Mrs. Eleanore Thomas, 2017 Stover, spcka to the traffic and school impact concerns. Councilman Russell made a motion seconded by Councilman Fead, to approve the Final -Unit Development and Plat for College Greens Planned Unit Development. Yeas: Council members Bowling, Fead, Gray, Preble and Russell. Nays: Councilwoman Reeves. ;Councilwoman -•Reeves stated she would like to recommend that the Planning Staff and the Planning and Zoning Board and Personnel from Poudre R-1 meet and determine the school impact from all the areas that are platted and being developed and what impact this frill have on the schools over a three to five year period. City Manager Brunton stated he would send a letter to Don Webber request- ing such a meeting. Final Unit Development Plan and Plat for University Square Planned Unit Development tabled City Manager Brunton stated the recommendation was that this be tabled, since there were still engineering problems and the utility plans have not been completed. Councilman Bowling made a motion, seconded by Councilman Fead, to table ' this item to the ,March 21, 1974 meeti-*:g. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. 131 132 Replat of Tract "N'. Southmoor Village Fourth Filing Approved ' Director of Community development, Roy A.Bingman, identified the area in question, this is now subdividing the area into a standard subdivision; 'the north half of the property will remain as a tract.and: will accommodate a retention pond, which will accommodate the drainage to College Avenue, off the Shopping Center site and the development approximately one -quarter of a mile wide. Mr. Bingman stated further there was a 20' easement across the open area to accnmmiodate a bike lane at a later date. Planning Director, William Kane, stated this area is zoned RP and is pro- posed to accommodate 29 single family lots. City Attorney Dlarch stated there was no specific dedication of that tract for drainage purposes; which should be included. Councilman Bowling made a motion, seconded by Councilwoman Gray, to approve the replat subject to a dedication of Tract "N' for drainage purposes. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. Request of Trans -Colorado Real Estate Agency, Inc. Referred to City Attorney for ordinance preparation. City Attorney Mlarch stated this item had been to the Planning and Zoning ' Board and should be referred to him for preparation of an ordinance. Councilman Bowling made a motion, seconded by Councilman Fead, to refer the item to the City Attorney for ordinance preparation. Yeas: Council - members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. Request to amend Dog Ordinance referred to Administration City Manager Brunton stated the Administration would like tuD weeks to come back on this. No agreement had been reached among the veterinarians on this subject. The item could come back at the next meeting. Councilwoman Reeves made a motion, seconded by Councilman Fead, to refer the item -to the Administration. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell, Nays: None. Request of the First Baptist Church to amend the zoning ordinance refer to Planning and Zoning Board City Manager Brunton stated the Church had been advised that the recom- mendation would be to refer this item to the Planning and Zoning Board for recommendation. Councilman Bowling made a motion, seconded by Councilman Fead, to refer this item to the Planning and Zoning Board. Yeas: Council members , Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None: 132 133 Ordinance adopted on first reading amenidinig.; Section 16-20 ' of the Code relating to Assessments for Local Improvements City Attorney March stated this ordinance allowed the City to assess over the amount which can now be assessed against property for improvements; which is one-half of its value as determined by three times the tax rolls, if the property owner consents to it. The other change was to change the property owners share of a street to 40 feet instead of 60 feet. Councilman Russell inquired if the property owners would be notified. 00 City'Attorney March and City Manager Brunton stated the property owner _ 00 would have to take positive action on this ordinance. 00 r.' C_Quncilman Russell made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 14, 1974 on first reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. Ordinance adopted on second reading rezoning property by Thelma Johnson Councilman Bowling, made a motion, seconded by Councilman Fead, to adopt Ordinance No. 11, 1974 on second reading. Yeas: Council members Bowling, Fead, Gray,_Preble, Reeves and Russell. Nays: None. ' ORDINANCE NO.11 , 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 R-L, Low Density Residential District and R-M, Medium Density Residential District to RMP, Planned Medium Density Residential District for the following described property in the City, to -wit: A tract of land situated in the Northeast Quarter of Section 16, 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 00032' W 510.22 feet from the East.Quarter Corner of said Section 16; 133 134 Thence N 00032' W 809.78 feet along the East line of said Section 16 i:o a point which bears S 000 32' E 1320.0 feet from the Northeast Corner of ' said Section 16; Thence N 89043130" W 749.0 feet to a point, said point being the Northeast Corner of the Second West Elizabeth Street Annexation to the Ci-ty of Fort Collins; Thence S 00032' E 660.0 feet; Thence S 00025' E 270.0 feet; Thence S 89043130" 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 be.aring.of S 89043'30" E 136.38 feet; Thence along the arc of a 1.00.0 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, , thelong chord of which bears S 68121'30" E, to the left 77.39 feet; Thence S 89143130" E 55.0 feet to the point of beginning. Introduced, considered favorably on first reading, and ordered published this 21st day of February, A.D. 1974, and'to be presented for final passage on the 7th day of March, A.D. 1974. L 7 • Mayor ATTEST: City Clerk Passed and adopted on final reading this 7th day of March, A.D. 1974. ATTEST: Ciky"CLc: R Mayor 134 135 L First reading: February 21, 1974 ('Vote: Yeas: 7, Nays: 0) Second reading: March 7, 1974 (Vote: Yeas: 6, Nays: 0) Publishing dates: February 26 and March 12, 1974 Attest: City Clerk Ordinance adopted on second reading amending the Code relating to the Water Utilitv 00 Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to 00 adopt.Ordinance No. 12, 1974 on second reading. yeas:: Council members Bowling, Fead, Gray, treble.; Reeves and Russell. Nays: None.. ORDINANCE NO..12,; 1974 BEING AN ORDINANCE AMENDING ORDINANCE. No. 6, 1974 RELATING TO THE CITY WATER UTILITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: ' That Section 1 of Ordinance No. 6, 1974 be and the same hereby is amended to read as follows: ."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 a family as herein defined plus the space pro- vided for rent of sleeping rooms only without cooking facilities for not exceeding two roomers. In private residences where space is arranged to be rented to more than two roomers, space for each four or less additional roomers'shall be considered as an additional living unit. For the purpose of the foregoing, a family shall be construed to mean two or more persons related by blood or marriage. In the event a residence is not occupied by a family, then a single living unit shall be construed to be no more than five persons not related by blood or marriage, whether roomers ' or otherwise, and the space for each four or less additional residents shall be considered as an additional living unit." 136 Introduced, considered favorably on first reading and ordered published this 21st day of February, A.D. 1974, and to be presented for final passage on the 7th day of March, A.D. 1974. ATTEST: City Clerk 1974. Mayor Passed and adopted on final reading this 7th day of March, A.D. Mayor ATTEST: City Clerk Ordinance adopted nn Second Reading amending the Code relating to the Electric Utility Councilman Bowling made a motion, seconded by Councilman Russell. that Ordinance No, 13, 1974 be adopted on second -reading. Yeas: Council members Bowling, Fead, Gray, Preble,'Reeves and Russell. Nays: None. ORDINANCE NO. 13 , 1974 BEING AN ORDINANCE AMENDING SECTION 112-18 OF THE CODE OF THE CITY OF FORT RELATING TO RATES FOR CUSTOMERS OF THE CITY ELECTRIC UTILITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 112-18A (8) (a) of the Code of the City of Fort Collins be and the same hereby is amended to read as follows: "A family unit is defined as living quarters for a family as herein defined plus the space provided for rent of sleeping rooms only without cooking facilities for not exceeding two roomers. In private residences where space 1 1 u 13 is arranged to be rented to more than two roomers, space for each four or less additional roomers shall be con— sidered as an additional family unit. For the purpose of . the foregoing, a family shall be construed to mean two or more persons related by blood or marriage. In the event a residence is not occupied by a family, then a single family unit shall be construed to be no more than five persons not related by blood or marriage, whether roomers or otherwise, and the space for each four or less additional residents shall be considered as an additional family unit." 00 00 Introduced, considered favorably on first reading and ordered published this 21st day of February, A.D. 1974,.and to be presented for final passage on the 7th day of March, A.D. 1974. u Mayor ATTEST: G City Clerk Passed and adopted on final reading this 7th day of March, A.D. 1974. Mayor ATTEST: City Clerk First reading: February 21, 1974 (Vote: Yeas: 7, Nays: 0) Second reading: March 21, 1974 (Vote: Yeas: 6, Nays: 0) Published: February 26 and March 12, 1974 Attest: ' City Clerk, I 188 Resolution adopted consenting to a resolution dissolving the Larimer-Weld Regional Planning Commission Councilman Fead made a motion, seconded by Councilman Bowling, to adopt the ' resolution. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. RESOLUTION 23-74 OF THE COUNCIL OF THE CITY OF FORT COLLINS CONSENTING TO A RESOLUTION DISSOLVING THE LARIMER-WELD REGIONAL PLANNING COMMISSION WHEREAS, heretofore the Larimer-Weld Regional Planning Com- mission was duly organized pursuant to Article 2, Chapter 106, Colorado Revised Statutes, 1963, as amended, and such planning commission has been operating since September 24, 1969; and WHEREAS, effective November 28, 1973, the Larimer-Weld Regional Council of Governments was duly organized, the purposes and functions of which may overlap the purposes and functions of the Larimer-Weld Regional Planning Commission; and WHEREAS, the Executive Committee of the Larimer-Weld Regional Planning Commission has recommended that such commission be dissolved effective April 3, 1974, and that the present responsibilities of the I commission he assumed by the Larimer-Weld Regional Council of Governments; and WHEREAS, administrative efficiency will be encouraged if all the functions of the Larimer-Weld Regional Planning Commission could be handled through the Larimer-Weld Regional Council of Governments; and WHEREAS, in order to dissolve the Larimer-Weld Regional Planning Commission it is required that 2/3 of the commission membership consent to the dissolution thereof; and WHEREAS, a resolution dissolving the Larimer-Weld Regional Planning Commission has been proposed, which resolution is in the following form, to -wit: RESOLUTION DISSOLVING THE LARIMER-WELD REGIONAL PLANNING COMMISSION WHEREAS, The Larimer-Weld Regional Planning Commission has been duly organized pursuant to Article 2, Chapter 106 of the 1963 Colorado Revised Statutes and has been operating as such from and since September 24, 1969; and WHEREAS, Effective November 28, 1973, the Larimer-Weld Regional Council of Governments was duly organized, the purposes and functions of I which may overlap with the purposes and functions of the Larimer-Weld Regional Planning Commission; and WHEREAS, Administrative efficiency would be encouraged if all of the functions of the Larimer-Weld Regional Planning Commission were to he handled through the Larimer-Weld Regional Cou.:cil of Governments; eQ I' T4, NOW, THEREFORE, Be it resolved that effective April 3, 1974, the Larimer-Weld Regional Planning Commission be dissolved and cease to ' operate, that all official records, plans and maps be released and trans- ferred to the Larimer-Weld Regional Council of Governments to be main- tained as the official documents of the Council of Governments, that all contractual rights and obligations and all property of any kind belonging to the Larimer-Weld Regional Planning Commission be transferred to the Larimer-Weld Regional Council of Governments. BE IT FURTHER resolved that the Larimer-Weld Regional Council of Governments be encouraged to appoint an advisory committee substantially comprised of the present members of the executive committee of the Larimer- 00 Weld'Regional Planning Commission to meet on a regular basis and advise 00 the'Larimer-Weld Regional Council of Governments with respect to all matters concerning land use planning within the Larimer-Weld region; C_7 Ca and WHEREAS, in the opinion of the City Council it is desirable that the City of Fort Collins consent to the adoption of such resolution dis- solving the Larimer-Weld Regional Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City of Fort Collins, having duly considered the resolution dissolving the Larimer-Weld Regional Planning Commission hereby consents to said resolution and further agrees that the action dissolving the Larimer-Weld Regional Planning Commission may be done by means of written consent without a meeting. Passed and adopted at a regular meeting of the City Council held this 7th-day of March. A.D. 1974. ATTEST: Mayor City Clerk _ Resolution adopted. approving an agreement to be entered into with Wheeler Realty Company City Attorney March stated this was the park site on the Brown Farm. Councilwoman Reeves inquired into the agreement whereby the City would maintain the bike area. City Manager Brunton stated this was correct. Councilman Fead made a motion, seconded by Councilman Bowling, to adopt the ' resolution. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. 0 RESOLUTION 24-74 OF THE COUNCIL OF THE CITY OF FORT COLLINS ' APPROVING AN AGREEMENT TO BE ENTERED INTO WITH WHEELER REALTY COMPANY WHEREAS, heretofore the City of Fort Collins negotiated for a purchase of certain, land from Wheeler Realty Company to be used as a park site; and , WHEREAS, an agreement was arrived at, which agreement has been reduced to writing and approved by the City Attorney and the City Manager, and the City Council now desires to approve said agreement and authorize the signing of the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of the proposed agreement with Wheeler Realty Company for the purchase of a tract of land 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 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 7th day of March, A.D. 1974. Mayor ATTEST: ' ' City Clark Resolution adopted accepting the Improvements in Street Improvement District 67 Director of Community Development, Roy A. Dingman, stated this was an unusual District; a departure from normal procedures because of physical problems and cost considerations; a narrowerstreet than standard -had been approved for the area. Mr,. Bingman reviewed the City's cost and the time the assessments can be made. Councilwoman Reeves requested that bi-lingual cover letters be sent with the notice. Councilman Russell made a motion, seconded by Councilwoman Reeves, to adopt ' the resolution. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. 14-11 ' - RESOLUTION 25-74 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPT- ING THE IMPROVEMENTS IN STREET IMPROVEMENT DISTRICT NO. 67 ADOPTING THE REPORT OF THE CITY ENGINEER RESPECTING THE COST OF THE IMPROVEMENTS IN SAID DISTRICT AND THE SCHEDULE OF ASSESSMENTS AND ORDERING NOTICE TO BE PUBLISHED BY THE CITY CLERK OF THE ASSESSMENTS TO BE MADE IN SAID DISTRICT, ALL IN ACCORDANCE WITH THE ORDINANCES OF THE CITY OD C) WHEREAS, the City Engineer has.reported to the City G Council that the improvements in Street Improvement District No. 67 have been completed and has recommended that the same be accepted, and WHEREAS, the City Engineer has prepared a statement showing the whole cost of the improvements in said District and has further prepared an assessment roll, and WHEREAS, the City Council has reviewed such reports and desires to accept the same and advertise and give notice of assessment in accordance with the Ordinances of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the report of the City Engineer regarding the completion of the improvements in Street Improvement District No. 67, be and the same hereby is accepted and the improvements in said district are hereby accepted by the City Council, and BE IT FURTHER RESOLVED that the report of the City Engineer regarding the whole cost of the improvements and ' the assessment roll be and the same hereby are accepted and the City Clerk is directed to notify the owners of property to be assessed and all persons interested generally that such improvements have been completed and accepted. Such 1142 notice shall be made as required by the ordinances of the City. ' Passed and adopted at a regular meeting of the City Council held this 7th day of March, A.D. 1974. `loll/' Mayor ATTEST: Ci-ty Clerk TO: THE PROPERTY OWNERS IN STREET IMPROVEMENT DISTRICT NO. 67, AND TO ALL PERSONS INTERESTED GENERALLY, OF THE COMPLETION AND ACCEPTANCE OF THE IMPROVEMENTS IN SAID DISTRICT, THE TOTAL COST THEREOF, THE ASSESSMENTS TO BE MADE ON PROPERTY WITHIN SAID DISTRICT TO PAY THE COST OF SAID IMPROVEMENTS, AND THE DATE OF HEARING ON ANY OBJECTIONS THAT MAY BE MADE IN WRITING BY OWNERS OF SUCH PROPERTY. ' Notice is hereby given to the owners of property to be assessed'within the limits of Street Improvement District No. 67, and to all persons interested generally, that the improvements in said district have been completed and accepted. Notice is further given that the whole cost of said improvements, including the cost of collection, legal, advertising, engineering, financing and other incidentals is $71,940.55; that the portion of said cost to be paid by the City is $21,300.08; that the assessment roll showing the share apportioned to each lot or tract of land in the District is on file in the City Clerk's office and can be seen and examined at any time during normal business hours; and that ' 142 any complaints or objections which may be made in writing by ' the owner or owners of property in the District and filed in the office of the City Clerk within 30 days from the publica- tion of this notice will be heard and determined by the Council before the passage of any ordinance assessing the cost of such improvements; and that on Thursday, April 18, go x 11974, at the hour of 6:30 o'clock P.M. or as soon thereafter 00 Q*� as the matter may come on for hearing in the Council chambers Q of the City Hall, City of Fort Collins, Colorado, the City Council will hear such complaints and objections and deter- mine the same and act upon an ordinance assessing the cost of such improvments. Dated at Fort Collins, Colorado this 7th day of March, A.D. 1974. City Clerk Resolution adopted repealing a resolution adopted January 17, 1974 establishing General Improvement District No 67 Councilman Bowling made a motion, seconded by Councilwoman Gray, to adopt the resolution. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. 26-74 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING A RESOLUTION ADOPTED JANUARY 17, 1974 ESTABLISHING GENERAL IMPROVEMENT DISTRICT NO. 69 ' WHEREAS, heretofore on January 17, 1974, the City Council by resolution accepted a recommendation from the Director of Public Works regarding the initiation of a special improvement district to be known as General Improvement District No. 69 and directed the City Engineer to prepare and present to the City Council the necessary information for the formation of said district; and 143 WHEREAS, the City Engineer has reported that the district, as originally proposed to be formed, appears not to be feasible and the City ' Council therefore desires to repeal said resolution, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the resolution heretofore adopted by the City Council on January 17, 1974, initiating the formation of General Improvement District No. 69 be, and the same hereby is, repealed. Passed and adopted at a regular meeting of the City Council held this 7th day of March, A.D. 1974. Mayor ATTEST: City Clerk Resolution adopted accepting a recommendation fromthe Director of Public Works regarding the initiation of a ' Special Improvement District Director of Community Development, Roy A. Bingman, reviewed all of the improvement districts. Mr. Bingman stated in review of this, there was one additional section along the, east side of Lemay from Stuart Street south to Dartmouth Trail. This property was wider one ownership of International Investments; they had been contacted and are interested in joining the district. Councilman Russell made a motion, seconded by Councilwoman Reeves, to amend the resolution by adding after the words Prospect Street, "and on the east side from Stuart Street to Dartmouth Trail". Yeas: Council. members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. City Manager Brunton stated Roy Bingman and .Don Parsons deserved a lot of credit for working unusually long hours to try to put many projects together. He wanted to call to the attention of the Council that the City is above budget on these projects. Councilman Bowling made a motion, seconded by Coun,-m cilwoan Reeves, to adopt the resolution as amended. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. 1 144 145 RESOLUTION 27-74 OF. THE COUNCIL OF THE CITY OF FORT COLLINS.ACCEPT- ING A RECOMMENDATION FROM THE DIRECTOR OF PUBLIC' WORKS REGARDING THE INITIATION OF A SPECIAL IMPROVE- MENT DISTRICT, STATING THE NEED FOR, THE NATURE OF, AND THE LOCATION OF THE IMPROVEMENTS TO BE MADE, DESCRIBING THE AREA TO BE ASSESSED FOR THE SAME, AND DIRECTING THE CITY ENGINEER TO PREPARE AND PRESENT TO THE CITY COUNCIL THE NECESSARY INFORMATION FOR THE FORMATION OF SAID DISTRICP go fl0 (X: QWHEREAS, the Director of Public Works has recommended to the City Council that a special improvement district be created for the purpose of installing certain public,improve- ments in the City; and WHEREAS, the City Council has received such recommenda- tion and desires to continue with the formation of such special improvement district. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the recommendation of the Director of Public Works is hereby received and accepted. Section 2. That the improvements to be constructed are the following: the improvement of streets in the District with pavement, curb, gutter, sidewalk and street lighting, and that such improvements are needed in order to facilitate the use of said streets, increase the safety for persons using said streets, decrease the required maintenance on said streets, and provide better lighting on such streets. Section 3. The location of the improvements to be made is as follows: street improvements.to be installed on 145 Riverside Drive from Prospect Street to Mulberry Street, on Lemay Avenue from Elizabeth Street to Riverside Drive and and on the East side from Stuart Street to Dartmouth Trail from Stuart Street to Prospect Street/, and on Prospect Street from Lemay Avenue.to Timberline Road. Section 4. The City Engineer is hereby directed to prepare and present to the Council the following: A. Preliminary plans and specifications of the improve- ments proposed. B. An estimate of the total cost of such improvements, including the cost of constructing the same, engineering, legal and advertising costs, interest during construction and until assessments are made by ordinance against the properties benefited, and other incidental costs. ' C. A map of the district to be assessed for the cost of the improvements. Section 5. Said improvement district shall be known as Street Improvement District No. 69. Passed and adopted at a regular meeting of the City Council held this 7th day of March, 1974. Mayor ATTEST: 7 CiLy Clerk / Councilwoman Gray made a motion, seconded by Councilman Fead, to refer the matter back to the City Attorney for another resolution approving the City Engineers report and proceeding further with the District. Yeas: Council - members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. v'4 T Councilman Fead stated he was somewhat concerned about this set of improvement districts, inasmuch as the district had been split because the City was going to exceed the allowable assessments against some property and at some stage he would like to see a report on any of the properties that are indeed going to be assessed more than half their real value by ' the continuation of improvement districts. ':Councilman Gray Fead made a motion, seconded by Councilwoman Gray, to adopt the'resolution. Yeas: Council members Bowling, Fead,. Gray, Preble, Reeves and Russell. Nays: None. JC 28-74 OC Qj RESOLUTION Adopted cz� , OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPT- ING A RECOMMENDATION FROM THE DIRECTOR OF PUBLIC WORKS REGARDING TILE INITIATION OF A SPECIAL IMPROVE- MENT DISTRICT, STATING THE NEED FOR, THE NATURE OF, AND THE LOCATION OF THE IMPROVEMENTS TO BE MADE, DESCRIBING THE AREA TO BE ASSESSED FOR THE SAME, AND DIRECTING THE CITY ENGINEER TO PREPARE AND PRESENT TO THE CITY COUNCIL THE NECESSARY INFORMATION FOR THE FORMATION OF SAID -DISTRICT ' WHEREAS, the Director of Public Works has recommended to the Citv Council that a special improvement district be created for the purpose of installing certain public improve- ments in the City; and WHEREAS, the City Council has received such recommenda- tion and desires to.continue with the formation of such special improvement district. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the recommendation of,the Director of Public -Works is hereby received and accepted. ' Section 2. That the improvements to be constructed are the following: the installation of storm sewer lines, and that such improvements are needed in order to provide storm 147 Section 3. The location of the improvements to be made is as follows: within the District., the boundaries of the same being described as follows: A tract of land, situated in Section 18, ' Township 7 North, Range 68 West, of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado, which considering the West line of said Section 18 as bearing North and South and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point on the South line of said Section 18 which bears East 553.01 feet from the South 1/4 corner . of said Section 18, said point also being on the centerline of La Plata Avenue Right-of-way; Thence North 384.7 feet; Thence West 315.0 feet to the Centerline of Pikes Peak Avenue Right -of• -Way; Thence South 171.87 feet to the Centerline of East Lake Street Right-of-way; Thence along the arc of a 301.37 foot radius curve to the right a distance of 156.60 feet along the long chord of which bears N 69°39'24" W 152.24 feet; Thence along the arc of a 241.37 foot radius curve to the left a distance of 147.33 feet the long chord of which bears N 72130148" w 145.05 feet; Thence West 78.5 feet to the centerline of ' Longs Peak Drive Right-of-way; Thence North 176.3 feet; Thence West 180.0 feet to the Northwest corner of lot 19 of the Prospect Estates Subdivi- sion; Thence North 144.82 feet to the Southwest corner of lot 21 of the Prospect Estates Subdivision; Thence West 180.0 feet to the centerline of the Meeker Drive Right-of-way; Thence South 47.78 .feet; Thence West 180.14 feet to the Southwest corner of lot 6 of the Prospect Estates Subdivision; Thence North 322.34 feet to the Southeast corner of lot 146 of Highlander Heights 7th Subdivision; Thence N 84*25' West 139.97 feet along the South property line of said lot 146 to the center- line of Alford Street Right-of-way; Thence along the arc of a 110.0 foot radius curve to the left a distance of 8.96 feet-, the long chord of which bears N 02023' E 8.92 feet; Thence North 178.43 feet; Thence S 86057'40" W 149.64 feet to the Southwest corner of lot 153 of Highlander Heights , 7th Subdivision; 148 1,419 1 I 1 1 Thence N 13106' W 61.71 feet to the Southeast. corner of lot 52 of Highlander Heights lst Subdivision; Thence S 61*31' W 151.11 feet to the center- line of the Emigh Street Right -of -way; - Thence North 13*06117" W 75.25 feet; Thence S 76°53'43" W 30.00 feet to the East property line of lot 26 of Highlander Heights lst Subdivision; Thence along the arc of a 15.0 foot radius curve to the left a distance of 24.14 feet, the long chord of which bears N 59112'17" West 21.62 feet; Thence N 15018'17" W 30.0 feet to the center- line of the Pitkin Street Right-of-way. Thence along the arc of a 540.61 foot radius curve to the right a distance of 139.85 feet, the long chord of which bears S 82106'20" W 139.45 feet to a point said point bearing S 00129' E 140.00 feet from the Northeast corner of the Southwest 1/4 of the Southwest 1/4 of said Section 18; Thence S 89031' W 1264.30 feet to the West line of said Section 18, said West line also being the center line of the Lemay Street Right--of-way; Thence North along said West line 1459.6 feet to the West 1/4 corner of said Section 18; . Thence North along said West line 1334.12 feet to a point, said point being the intersection of said West line with the existing City Limits Line along the Northeast side of Riverside Drive; Thence South 49024' East 369.5 feet along said City Limits Line; Thence along the arc of a 1121.00 foot radius curve to the left a distance of.314.84 feet, the long chord of which bears S 57°26'45" E 313.80 feet, along said City Limits Line; Thence along the arc bf a 741.30 foot radius curve to the right a distance of 214.75 feet, the long chord of which bears S 57111'30" East 214.00 feet along said City Limits Line; Thence South 61032' East 2095.17 feet to a point, said point being the most westerly Northwest corner -of the lst Lemay Annexation to the City of Fort Collins and the most Northerly Northeast corner of the East Prospect Street lst Annexation to the City of Fort Collins; Thence South 61132'20" East 730.24 feet along the existing City Limits Line; Thence along the arc of a 1587.28 feet radius curve to the right a distance of 1703.30 feet, the 1d0 long chord of which bears South 30047150" East 1622.71 feet, along said City Limits Line; Thence South 00003'20" East 680.43 feet to the South line of said Section 18, this point bears West 1183.40 feet from the Southeast corner of said Section 18; Thence West along said South line 918.00 feet to the point of beginning. Section 4. The City Engineer is hereby directed to prepare and present to the Council the following: A. Preliminary plans and specifications of the improve- ments proposed. B. An estimate.of the total cost of such improvements, including the cost of constructing the same, engineering, legal. and advertising costs, interest during construction and until assessments are made by ordinance against the properties benefited, and other incidental costs. C. A map of the district to be assessed for the cost of the improvements. Section 5. Said improvement district shall be known as Storm Sewer Improvement District No.15 Passed and adopted at a regular meeting of the City Council held this 7th day of March, 1974. Mayor ATTEST; .l.L City Clerk 1 1 1,5.4 Councilwoman Gray made a motion, seconded by Councilman Fead, to refer the ' matter back to the City Attorney for another resolution approving the City Engineer's report and proceeding further with the District. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. Resolution adopted accepting a recommendation from the Director of Public Works regarding the initiation of a Special Improvement District go 00 00 C�7 1 Councilman Russell made a motion, seconded by Councilwoman Reeves, to adopt the resolution. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. .RESOLUTION 29-74 OF THE COUNCIL OF THE CIT`1 OF FORT COLLINS ACCEPT- ING A RECOMMENDATION FROM THE DIRECTOR OF PUBLIC WORKS REGARDING THE INITIATION OF A SPECIAL IMPROVE- MENT DISTRICT, STATING THE NEED FOR, THE NATURE OF, AND THE LOCATION OF THE IMPROVEMENTS TO BE MADE, DESCRIBING THE AREA TO BE ASSESSED FOR THE SAME, AND DIRECTING THE CITY ENGINEER TO PREPARE AND PRESENT TO THE CITY COUNCIL THE NECESSARY INFORMATION FOR THE FORMATION OF SAID DISTRICT WHEREAS, the Director of Public Works has recommended to the City Council that a special improvement district be created for the purpose of installing certain public improve- ments in the City; and WHEREAS, the City Council has received such recommenda- tion and desires to continue with the formation of such special improvement district. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the recommendation of the Director of Public Works is hereby received and accepted. Section 2. That the improvements to be constructed are the following: the installation -of water lines to provide water service from the City water utility to properties in , the .District. Section 3. The location of the improvements to be made is as follows: water lines to be installed in Riverside Drive from Lemay Avenue to Prospect Street. Section 4. The City Engineer is hereby directed to prepare and present to the Council the following: A. Preliminary plans and specifications of the improve- ments proposed. B. An estimate of the total cost of such improvements, including the cost of constructing the same, engineering, legal and. advertising costs, interest during construction and until assessments are made by ordinance against the ' properties benefited, and other incidental costs. C. A map of the district to be assessed for the cost of the improvements. Section 5. Said improvement district shall be known as Water Main Improvement District No. 6. Passed and adopted at a regular meeting of the City Council held this 7th day of March, 1974. Mayor ATTEST: / ✓[ /f.On , �i� .tom City Clerk 152 Councilman Fead made a. motion, seconded by Councilman Russell,.to.refer the matter back to the City Attorney for another resolution approving the City Engineer's report and proceeding further with the District. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. Public hearing on Open Space Plan scheduled for March 21. 1974 City Yanager Brunton stated the recommendation of the Administration was to establish the meeting of March 21, 1974 as the official Public Hearing pp night.' JO UC Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to estab- afish March 21, 1974 as the public hearing on the Open Space Plan. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. Ordinance authorized on .City Participation in Oversize Water and Sewer Lines City Manager Brunton stated there had been a series of meetings with the Contractor's Association and he felt the City was in a mach more favorable position because of savings-, to the City. ' W. Jan Scarboro, Executive Manager for the Associated Contractors stated they felt this was an equitable way for the developers to pay their fair share of growth. They did request that any increase be reviewed annually. Councilman Bowling made a motion, seconded by.Councilman Fead, to refer the matter to the City Attorney for ordinance preparation. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. .............. Report on Police Department Fleet Plan accepted City Manager Brunton stated at the time the fleet plan was adopted, the Administration had presented suggested rules and regulations. The question had been raised as to who was to pay for the gasoline; Chief Smith had.taken the suggested rules and regulations to the department and there were two changes recommended in the rules. The changes were in Rule 8 "if the car is left to be used in an emergency and driven back by someone else, that it be checked for damage prior to it being returned to the officer to whom it is assigned." In Rule 9, the officers requested that "gross negligence "be spelled out, and they agreed to abide by the Police Accident Review Board's findings. Councilman Russell made a motion, seconded by Councilman Bowling, to adopt ' the plan with the recommended changes. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. 153 F54 Progress report:on implementation of. Consultants Police, Department Reorganization Study accepted City Manager Brunton stated Council had requested period reports on the implementation of the study; this is the first of these reports. Councilman Fead made a motion, seconded by Councilman Russell, to'accept the report as a progress report. Ycas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. (Report in Central Files) Report on Police and Community (Mexican -American) relations _ accepted City Manager Brunton stated Council had a copy of the report along with the news media; he read the following: The functions of city government break into two principal parts --to govern and to provide services.Of all departments of city government, the Police are the most highly visible, have the most citizen contacts, and are the most sensitive to government -citizen relations. Some persons see the police as part of the governing arm of the city; some sec it as part of the service arm. In fact, it is both. Most of the time, the police operate in a service mode, are able to and should be friendly, helpful, neighborly and of service to all citizens. However, there is really no friendly way to arrest a person, and people being arrested do not usually feel that: they are being served by the police. No amount of rapport will make a person being arrested and charged with a crime enjoy it. The best the police can do is to use good judgment, be even-he4ded, and fair. Police -community relations is a two-way street-•-iL involves citizens supporting police as well as police supporting citizens. No police department of whatever size, for example, can enforce law and order in a community if citizens do not want law and order enforced. 1 1 11 154 15'-5 The recommendation was that the Council request the ftman Relations ' Commission to work with the City on the implementation of some of the programs outlined in the report. Councilman Russell requested a response from the Chief of Police on the questions he had raised in open Council meeting. Chief_Smith read.the following: 5: i .:::-........ O1. Question: Statement of Lt. Davis - relating to specific problems concerning Police and Mexican -Americans. Answer: On Monday morning following the Lt. Clarence Davis came tome very upset �about the on of aarticleviewand, said that he had been misquoted. He said that his statement was that there were NO specific problems concerning Mexican -Americans. This was brought out by the Triangle Review when they printed a retraction in their February 14th issue. N2. Question: Identify failure of the department's command to recognize these problems. Answer: The Administration of the Police Department has listened to every ' complaint that has been brought to the department. Each complaint has been handled on an individual basis and has been thoroughly investigated. N3. Question: A report on dead storage and dog ordinances - violations. Answer: a). Our records on Dead Storage only go back to November 1, 1973, From November 1, 1973, until January 31., 1974, 210 vehicles have been marked - citywide - for Dead Storage. .Only 14 vehicles from the -entire city have been towed. Of those towed, none were from Buckingham and none were from the area north of LaPorte and west Of College Avenue. Cadet Gilbert Tellez has been handling this Particular function and he makes every effort to find the owner prior to towing the vehicle. 1 b). In 1973 a total of 478 Summonses were issued to people through- out the city of Fort Collins for allowing their dogs to run at large. Of this 478 - 14 Summonses were issued to people with Spanish surnames. For the same period - 271 warnings were issued and of that number - 18 were issued to Spanish surname people. 155 1,156 #4. Question: Interrogation procedure of all juveniles. Answer: First let me say that the Juvenile Bureau does not interrogate' juveniles - it does interview them. No statements or admissions of a child, made as a result of ar, interview of a child by a law enforcement official, concerning acts which would constitute a crime, if committed by an adult, shall be admissable in evidence, unless a parent, guardian or legal custodian of the child was present at such interview, and the child and his parent, guardian or legal custodian were adv-.*sed of the child's rights to remain silent, that any statements made may be used against him in a court of law, the right to the presenc of an attorney during such interview. and the right to have counsel appointed, if so requested, at the time of the interview. The Juvenile Bureau often interviews juveniles without parents, or legal counsel present: i.e., juvenile officers are often called to a school to assist school officials, have often interviewed witnesses to crimes, or friends of suspects, and the juvenile officers have also talked with suspects or subjects of a crime knowing that the information gained would not be used in court against the child. The juvenile officers of the Fort Collins Police Department deal with a child with his or her best interests in mind, and determine what is best for that child. The Colorado Juvenile Code gives him that authority. Mr. Russell's question, "Is it true a different standard of ' questioning is used on juveniles?" Yes, Juveniles have the right to have a parent, guardian, or legal counsel with them during interviews where the information would be used in court. An adult is allowed to waive the above rights, a juvenile cannot. Note: See attached copy of letter from Edwin L. Felter, Jr. Deputy State Public Defender. #5. Question: A 3 year report on recruitment on Mexican -Americans - and case history on each applicant. . 156 I! Answer: Since I have been Police Chief here in Fort Collins, we have had three Mexican -American officers who are no longer associated With the department. They are as follows: 1. Henry Chavez who was hired as a Dog Warden 12/31/63 - he transferred to the Patrol Division 9/18/67 and resigned from the department on 10/22/67. He cited peer pressure as his reason for resigning. N5. Answer: (continued) 2. The second officer was Lou Ruybal - he was hired as a Police Dispatcher on 1/2/69. He was transferred to Patrol 1/13/69. He resigned from the department on 9/15/69. p He advised when he left that he was going back to school to further his education so that he could become a Social worker. He advised that he did not feel right about incarcerating people and that he thought that he could do more good for humanity as a Social worker. 3.. Third person to be hired by the department was David R. Maestas. He was hired as a patrolman 7/29/70 and he resigned fi the department on 1/10/73. He resigned for personal reasons. The City's Personnel Department, under the Supervision of Assistant ' City Manager, Mike DiTullio, has been working very closely with members of the Police Department to develop ways and means by which minority people can be recruited as police people. In 1970, Mr. DiTullio, Fire Chief Ed Yonker and myself made a three day trip to the southern part of the State in an effort to entice Mexican -Americans to apply for the job of patrolmen and firemen in Fort Collins. Several were interested and took the test - unfortuna• none passed the test. As a result of our failure to recruit minorities we completely changed our testing procedures. WE eliminated the standard entrance test that included math and english questions. We changed to a simple logic exam that would be free of cultural bias. We are advertising in many papers and radio stations throughout Colorado, both in English and in Spanish. Many of my officers are recruiting minorities on an individual Lasis We created the Cadet Program with one of the goals being the recruit ment of minorities. The Cadet Program was continued only through my my insistence, because I saw it as the most likely vehicle for minority recruitment. . For further information on recruiting and minorities within the city structure - see Mr. Mike DiTullio's report. (Attached) #6. Question: Training procedures for existing policemen involving all minorities. Answer: Every officer on the department has had basic training which consist! of five weeks intensive training at the Colorado Law Enforcement Training Academy which is located at Camp George West, Golden, Colorado. As a part of that training, he receives several hours on Police and Community relations which is usually taught by a Police and Communications Officer from the Denver Police Department. A &8 #6, Answer: (Continued) Approximately two years ago every officer on Patrol attended an orientation course taught by Councilman William Lopez on the Mexican -American culture. Approximately eight officers from this department attended a three months course on Mexican -American culture taught by a Professor from Colorado State University. Several officers are taking a conversational Spanish class throug'r the Continuing Education Department of Poudre R-1. In January of '74 seven officers from this department attended a workshop entitled "Family Crisis Intervention". In '73 approxima- 25 officers from the department attended a sixteen hour class in Human Relations taught by Dispatcher Gerald Thomas. Dispatcher Jerry Thomas has taught several officers conversationa' Spanish. He is presently attending Colorado State University, to obtain his teaching degree. Since he is completely bilingual, he will be able to teach other officers conversational Spanish. Within the Police Department, hopefully, efficiency is a culminati of effective training. The training process is an ongoing one and starts prior to the officer being appointed officially to the fore The candidate is subjected to a psychological evaluation within the entrance testing procedure. This is -a role playing situation that tests the applicants ability to deal with stress ar.d hum emotional situations. Upon the successful completion of the entrance exam, the newly hired officer undergoes several mon of intensive training. Most of our training is geared toward handling any problem throughout the community. As a result of the conference on Police and Community Relations, ar. as a result of the Pomeroy Report, several changes in procedures have taken place, some of these changes are: 1.' On all traffic tickets, we have changed the initial on nationality from M for Mexican to A for American. 2. We stopped wearing helmets because we learned that the Mexican• - Americans felt intimidated by them. 3. We developed and initiated a point system for personal recognizance bond. Practically everyone can meet the require- ments. 4. Developed a complaint system and complaint form that has been used for several years. 5. We have eliminated the gun display from our police booth because the Mexican -American people advised that they were intimidated by the display. 6. We removed the brass from our uniforms so that we wouldn't appear so military. I 158 �159 #6. Answer: (Continued) I believe that by initiating the above items, we have not only improved our relations with the Mexican -American Community, we have also made all Fort Collins' Police Officers more sensitive to the feelings, needs and desires of the Mexican -American Community. Thus, it has been a learning and training process for all officers. As.a result of the study done by Cresap, McCormick and Paget, an Administrative Aide was added to my Staff. One of his responsibi- lities is to study and implement ways of strengthening Police and Community relations. He is in the process of doing that now. The Rocky Mountain Institute on Police and Community Relations was started here in 1966 by former Police Chief Roy Holliday, the Office of Conference of Conference Services of Colorado State University and the National Conference of Christians and Jews in Denver. Every year since it's inception the Fort Collins Police Department has been actively involved in the annual conference. I served on the Board of Directors of this organization for six years and had an active part in developing the format of each conference. Councilman William Lopez, as wll as several of my officers, have served on the Planning Committee each year. The Conference for 1974 has been moved to Metro College in Denver and the Executive Secretary and his Committee decided that Fort Collins would not be a participant city, since other cities in .the State had so many more problems than Fort Collins regarding Police and Community Relations. V. Question: Determine by comparison with other cities the value of Police sponsored programs to better acquaint Mexican -Americans with Police. Answer: I have contacted the following departments in the metropolitan area: Boulder Police Department, Denver Police Department, Arvada Police Department, -Aurora Police Department and Littleton Police Department. Of these five, only Denver sponsors an athletic league for the youth of that city. Members of the Denver Police Department will be in Longmont on Tuesday, 2/19/74, to explain their Police Athletic League to members of the Longmont Police Department. I will have a representative from this department attend that meeting to see if it is feasible for us to become involved in a similar program. Several of my officers have been involved as coaches in the Little League Football Program, but we have not had a department sponsorec program' per se. 159 V. Answer: (Continued) I do not feel as if we can successfully sponsor a Police Athl , League with our existing personnel. In order to have a full commitment for such a program, I sincerely feel that additional personnel will have to be added to the department with a definite assignment in that area. #8. Question: A,specific account of brutality. Answer: In 1973 we had approximately 14 complaints against officers within the department. The bulk of these were for lack of tact - the only complaint having to do with undo force came from an incident from outside the city when we were assisting the Sheriff's depart- ment. This complaint was in reference to the use of mace which we feel is much more humane than any other method. I have not received any complaint regarding brutality. #9. Question: Interpretation of lack of leadership - as quoted by Lopez, and why the Chief does not get feedback, therefore does not understand the situation - a definite statement, from Chief Smith concerning the recent reorganization. Answer: I have not been aware of any lack of feedback from my officer r from complaints. I have been made aware of every complaint gh against my officers and have been a part of each investigatio I have been made aware of the final outcome of each complaint and in one incident, I personally sent a letter of apology to the person offended. I am in complete agreement with the reorganization as presented by Cresap, McCormick and Paget. Practically all of the recommendatioi by the consultants have already been put into effect and those tha have not been put into effect will be, as soon as manpower is available. I have no quarrel with the reorganization whatsoever. #10. Question: Is this area mentioned by Welfare Rights included in beat system - and frequency of patrol, as compared with other areas. Answer: According to the Welfare Rights spokesman, we have stepped up our patrol in Andersonville. Since Andersonville is not in the city limits, we do not patrol it at all. Since the streets were paved in Buckingham, and since we started keeping records on dead storage vehicles in November, we have not marked one vehicle for dead storage in that area. Neither have we issued any tickets for dead storage nor towed any cars from that area. I do not feel as if our patrol has increased or decrea in the Buckingham area. ibD #11. Question: .Before issuing ticket for dead storage, explain procedure of notification (if any). Answer: Since November, all dead storage has been handled by Cadet Gilber Tellez. Cadet Tellez marks the vehicle with chalk and usually at that time attempts to contact the owner to advise him that the vehicle has been marked for dead storage. At that time, he place: a high visibility red sticker on the car, which reads, in large letters, POLICE TOW, and in smaller print "warning - this vehicle wilt be towed in three days from the below listed date in accordance with the Abandoned Car Ordinance of the City of Fort Collins". Before the car is towed, Cadet Tellez tries by phone, by personal contact and by letter to reach the owner to advise hir that the car will be towed. In other words, every effort is made to contact the owner prior to towing. #12. Question: Explain street interrogations - as compared to other areas. Answer: Street interrogations can be made at any time regarding practical any situation. These are ordinarily not of an extended nature, bi tie have the right to talk to people without advising them of their rights - provided they are not a suspect of any crime. This type of interrogation could comes as a warning - that is for center parking, noises, disturbances or any other type of contact. Once a person becomes suspect of a crime, no interrogation is carried out until such time as the suspect has been read his rights as required by the MIRANDA decision. #13. Question: Is it true that a different standard of questioning is used for . juveniles? Answer: Previously answered. (See #4) #14.. Question: A specific case must be requested, and personal letter of appearar presented to show cause for "distrust of department". Answer: I am unable to respond to this statement. #15. Question: Proposed meeting - Dan Eychner and Welfare Rights - attended by members of Council and Human Rights Commission. Answer: This meeting will be held at 7:30 p.m.on 2/17/74 and the Welfare Rights Group has said emphatically that they do not want members of the Council or the Human Rights in attendance. They feel as if attendance by outside groups would defeat the purpose of the meeting. We have already been criticized for talking to these people. We have been told by other members of the Mexican -America 161 JG2 i #15. Answer: .(Continued) 1 Community that these people do not represent them. We are constantly hit by this criticism and we are at a loss to know who speaks for the Mexican -American Community. #16. Question: I want a statement from those officers quoted by Mr. Lopez - concerning their mistrust of the Criminal Justice System. Answer: Since I do not know who these officers are, I cannot obtain such statements. Council members inquired into meetings held after this report was provided. Councilman Russell stated he would like to make a statement on the report: "I feel that the City has had an opportunity to interview those who have had complaints pertaining to the method of operation of. our Police Department. The Police Department has had an opportunity to respond; the Administration, along with others, have had the responsibility of weighing the evidence presented and.reporting a conclusion to the Council. I feel that no injustice is being done to any segment of this Community; I recognize, however, that we do not have a perfect Police Department nor any other department in the City, nor do we have a perfect Council, I feel that judgement errors have occurred in all departments of City government, and in my very best judgement, I fail to find deliberate intrusions directed to the Mexican - American of this Community." Chief Smith stated he felt optimistic about moving ahead in this program. Councilman Bowling inquired into the success of the recruitment program, Chief Smith responded and the Manager stated copies of the report would be available in the City Clerk's office, the Manager's office and Police Department. Councilwoman Reeves requested that Personnel from the Parks and Recreation Department attend the meeting with the Human Relations Commission. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to accept the report. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. 162 r Changes in standards'for Arterial Street widths approved City Manager Brunton stated.the staff had spent considerable time in this item, and is germain to the Special Assessment projects. Director of Community Development, Roy A. Bingman, stated this was con- sidered in relation to the improvement districts, also with various devel- opers as to the treatment of arterial streets and the tie-in of bike paths; the whole question of street widths has come up. The present standard for arterial streets is for 80' pavement on 100 right-of-way. The 80' street can accommodate the following street configuration: 1. Three travel lanes in each direction separated by a median. 2. Two travel lanes, a median and an 8foot parking lane. 3. Three travel lanes in each direction and parking on each side. l+ir. Bingman stated there were three problems, (1) parking, (2) property _fronting- an arterial street and (3) the traffic carrying capability of arterial streets. W . Bingman spoke to the areas with varied problems: Specifically if the City was asking the developer to pay for something that will not be used. The recommendation is as follows: _1.63 A suggested standard for Arterial and Major Arterial Streets is as follows:. Arterial Street - 100-foot right-of-way; 60-foot pavement; within the 20- foot area at each side of the roadway; a 6-foot combination bike -pedestrian way, combined with landscaping (maintained by adjacent property, or low -maintenance trees, shrubs and grasses). No parking permitted. Major Arterial - 100-foot right-of-way; 80-foot pavement; four foot detached sidewaik l andscaping. No parking. The justification for the reduction in width for a normal arterial street is based upon three points: 1. that there is no need for parking lanes on arterial streets, and 2. there is not sufficient traffic generated within each square mile of developed area to justify six lanes in those areas, and 3. in many cases it is difficult or very expensive to acquire sufficient right-of-way to construct the full width arterial street. Councilman Russell inquired into the comments of the Traffic Engineer, and Councilman Bowling stated other communities had gone to narrower street width successfully. Nayor Preble stated she liked the safety factor of separating the bike paths from the traffic. Councilman Bowling made a motion, seconded by Councilman Fead, to au. hor}ze the Administration to implement this plan on a temporary basis pending the review of the entire street design system and the necessary ordinance to revise the same. Yeas: - Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None.'' - 163 E34 Resolution adopted approving an agreement with Care -A -Van City Manager Brunton called upon Administrative Assistant, John McGraw, to summarize the study of this project. Mr. McGraw stated he had met with Captain McPherson and personally called the persons having questions. Care -A -Van evaluation sheets were distributed. Mr. McGraw stated Ms. Mamiko Odegard, a qualified social worker, is currently employed by Care -A -Van. Mrs. Barbara Orsmby, Co-owner of Ace Cab Company, spoke against the funding as -proposed, terming it discriminatory free enterprise. Mr. Ted James, as the Administrator of the Larimer Community Center Board, stated that they are the largest purchaser of services from Care -A -Van. Mr. James stated further he had been a co-founder of Care=A-Van some seven years ago, and that Mr. Orsmby had been a member of the Board at that time. City Clerk, Verna Lewis, read at length, the resolution approving the agreement with Care -A -Van. Councilwoman Gray made a motion, ^seconded by Councilman Fead, to adopt the resolution. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. RESOLUTION 30-74 OF TIME COUNCIL OF T11E CITY OF FORT FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH POUDRE-THOMPSON TRANSPORTATION CORPS, INC. TO PROVIDE SERVICES TO THE CITY WHEREAS, heretofore the City of Fort Collins has received from the Federal Government certain revenue sharing funds, and WHEREAS, the Council has determined to use a portion of said funds to develop human resource programs in the City, and WHEREAS, the Council has heretofore authorized the creation of a Department of Human Resources in the municipal service of the City, and WHEREAS, after consideration of the programs which the City Council desires to implement, it has been determined that it is in the best interest of the City to contract with other agencies for the implementation of some of these programs, and 1 164 jua WHEREAS, a contract has been prepared with Poudre-Thompson Transportation Corps., Inc. to provide transportation services within this community to elderly, physically or mentally handicapped and economically deprived citizens of the City,.and ° WHEREAS, said agreement has been approved by the City Manager and the City Attorney and the City Council desires to approve such agreement and authorize its execution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreement above referred to be and the same hereby is 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 7th day of March, 1974. Mayor ATTEST: ` City Clerc. Consideration of Noise Ordinance tabled City RujAger Brunton stated the Administration was looking for clarification on whether Council wanted a noise ordinance that is enforced or not; and if enforced, to what degree? It is estimated that the cost of a moderately controlled noise program would be $20,000 to $30,000 per year. Councilman Bowling inquired why this had been presented for Council consider- ation. Mayor Preble responded that this had been presented by personnel from CSU. City Attorney March reviewed the present ordinance on disturbing the peace. 16S Councilman Bowling made a motion, seconded by Councilman Fead, to table this item until the proponents could be present. Yeas: Council members Bowling, Fead, Gray, Preble and Reeves. Nays: Councilman Russell.. Human Rights Ordinance scheduled for work session March,14 , 1974 City Manager Brunton stated the Chairman of the Hwivan Relations commission was present; this is an item that has been pending for some time. The recommendation from the Administration is that this be a subject for the joint meeting with the Human Relations Commission on March 14, 1974. Chairman James Baird stated Council had the ordinance that is proposed and the response to the memorandum from the City Attorney had been sent to the Council. No further action taken at this time. Right -of -Way agreement for Sanitary Sewer approved City Manager Brunton stated this was a technical agreement for a sanitary sewer line. (Donald B. Wells and Hlery Wilmarth) Councilman Fead made a motion, seconded by Councilman Russell, to approve t-he right-of-way agreement. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. Progress report on Seven year Capital Improvement Program and Sales Tax City Manager Brunton stated this was a progress report on the above. The report was prepared by the City Manager and the Director of DTZ. Mayor Preble stated she would like to encourage publicity of this report. Ms. Val Ogden stated they would have additional visual presentations for the Thursday work session. Councilwoman Reeves made a motion, seconded by Councilman Bowling, to accept the report. Yeas: Council members Bowling, Gray, Preble and Reeves. Nays: None. (Councilmen Fead and Russell out of room). Report on Youth Center and Centered Board City Manager, Robert Brunton, stated H.R. Phillips had prepared a report on this, and this would be discussed at the pre -budget work session in May. Mayor Preble stated she had inquired what the Larimer Community Centered Board was, and called on Mr. Ted James to explain the function of the Board. Mr. James spoke to the funding of programs and scope of projects. No.further action .taken at this time. 1 06 ;:=•1,,;•+s;Pprchase of additional Park and Open Space Land authorized After meeting in executive session, City Attorney March stated the first item was a purchase. from Sam and Elvira Aranci for land on Shields Street on about Drake Road, which the City desires to acquire for open space and storm drainage retention facilities. A contract has been negotiated for ,the purchase of the property at $290,162.89, which is in line with the appraisal that the City has for the property. The contract would also provide for furnishing water, in accordance with City requirements to satisfy the City water requirements on the balance of the land we are not acquiring and provides for the reservation of the alfalfa crops for the year 1974. The seller will use the water for that year and pay the water assessments. City Manager Brunton identified the area and stated the City had a grant .from the federal government on this property from the Bureau of Outdoor Recreation for $150,000.00 Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to accept the contract and authorize the purchase. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. The second item was for purchase of a property located in Shields Street between Vine and Elm for use as a mini park. A negotiated purchase of the property eras for $22,177.00 plus assumption of existing assessments against the property for the improvement of Elm Street which amounts to approximately $850.00, which would make a total of $23,027.00. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to authorize the purchase. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. . City Attorney March stated the final matter was a lease, which has not been negotiated, but which is hoped to be negotiated for the property across the street for use by the Police Department; also, there are storage facilities there, he was requesting permission to enter into a lease for a year with two year options to renew for rental of $500.00 per month. Councilwoman Reeves made a motion, seconded by Councilman Russell, to authorize the ;negotiation and lease. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. Bids awarded for purchase of radios for Police Department City Manager Brunton stated with the fleet plan and cars on order, the City needed additional radios. Assistant City Manager Mike DiTullio spoke to the purchase of a radio system with the assistance of an LEEA grant for the Police Department. Proposals had been solicited from the three major manufactures; with the assistance of the CSU Communications Department, bids were evaluated and the bid was awarded to Motorola. Only °ptorola had been contacted for the new radios in order to maintain compatability with the existing equipment. 167 JOV 16�i recommended purchase was for 38 Converta Com units, which sell for $1,444.00 each for an extended price of $54,872.00 and five portable units to be -used by. the Detective Bureau for a price of $4,700.00 for a gross dr unt of $59;572.00. Since trade-ins would be considered for the Ccnverta- Comsy Motorola has given us a trade-in value of $675.00 per unit ,. =dr- a trade-in value of $9,450.00 for a total of $50,122.00. City Manager Brunton stated delivery time would be a problem, the target date for the fleet plan is July 1; the funding for this would possibly involve the supplying of Revenue Sharing money, but this could not be done until after October 1st. The transfers would be made from the Water and .Sewer fund back to the Equipment fund. Councilman Russell made a motion, seconded by Councilman Fead, to award the bid to Motorola at the above prices. Yeas: Council members 17ng,--Fead,-Gray, Preble, Reeves and Russell. Nays: None.' . Bids awarded for Water Meters. Assistant City Manager, Mike DiTullio, stated bids had been solicited. The low bidder was Badger Meter Company, and theirs was a new meter to our system. In order for us to have an adequate inventory of maintenance. parts, we would have to spend an additional $1,500 to 2,000 for this requirement. At this time we believe that the $75 cost differential between the lowest and second lowest bidder does not justify our spending the large additional amount+ of money for inventory parts. Recommendapion: The Administration recommends that the second lowest i erg, Neptune Meter Company, be awarded the meter contract for 1974. We will continue to research the market in an attempt to provide the best price to the City. Councilman Russell made a motion, seconded by Councilwoman Gray, to award the bid to Neptune Meter Company. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. Sole Source bid awarded for Vac -All Unit Assistant City Manager, Mike DiTullio reviewed the sole source justifi- cation for this piece of. -equipment for street cleaning purposes. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to approve the Sole Source purchase of Vac -All unit for $32,691. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. 1 EEi7 1 Adjournment Motion vras made by Councilman Fead, seconded by Councilman Russell, that the meeting adjourn. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves -and Russell. Nays: ]None. PEYOT AT=: City erk 169