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HomeMy WebLinkAboutMINUTES-04/04/1974-RegularL•: Y _•'; .;.April 4, 1974 COUNCIL OF TEE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government .o:. Regular Meeting 6:39 P.M. Council members present: 0 Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Absent: Councilman Fead. Staff members present:Brunton, DiTullio, Bindaman, Kane, March and Lewis. Appreciation Plaque presented to former Councilman 14illiam Lcpcz Mayor Preble stated it was a pleasure to present the plaque urith the following inscription: ;..:.. .- . William Lopez Councilman, Humanitarian. and Cisic Leader in appreciation for .. .- five years of faithful and dedicated service to the citizens of Fort Collins 1969 to 1974 Fort Collins City Council ---- --- -- --Fort Collins Municipal Employees Mr. Lopez accepted the plaque and stated "some of the best moments of my life were spent here. (with the Council) McMurtry Paint Spot recipient of Merchant of the Month Award Mayor Preble called on Assistant Fire Chief Don Hisam to present the award to Ns. Chuck Stein and Mr. Bob Cline of Mc?•iurtry Paint..Spot. Proclamation proclaiming April 25, 1974 as Mayor's Prayer Breakfast Day City Clerk, Verna Lewis, read the proclamation at length. The Mayor's breakfast is sponsored by the Foothills Sertcma Club; Mayor Preble urged the citizens to support the program and attend the breakfast. Support given Fort Collins Track Club Prior to the formal call to order, Mr. H. Duane Jorglensen requested a-id=of the Council on lbw the Fort Collins Track Club could raise funus to send one of its members, Pamela D. Greene, to 10 track meets in the United States and Canada. Council discussed the request at length and after the formal meeting was called to order, took action on this matter. Minutes of March 21, 1974 meeting approved Mayor Preble stated copies of the minutes of the March 21, -19.74 meeting had been received; hearing no corrections, they stood approved as published. Councilman Russell made a motion, seconded by Councilwoman_ Reeves, that the 'Administration seek ways and means to secure the services of Pam. Greene to, assist us in our SuiTner Parks and Recreation Program and that said monies and fees be properly advanced for her benefit. Peas: Council members G'raY, Preble,, Reeves and Wilkinson. Nays: None. (Counci3iicn.Bow�ling, and Wilkinson out of room) Unit Development Plan for patio homes for Scotch Pines First Filing approved Isi:.:.•'::.': -Director of Community Development, Roy A,. Bi.ngman, identified the area, stating this area has previously been platted but P. unit development plan had not been submitted until now. The staff and Planning and Zoning Board had both recommended approval Councilman Russell made a motion, seconded by Councilwoman.Gray, to approve the Unit Development Plan. Yeas: Council members Bowling, Gray, Preble, Reeves and I:ussell. Nays: None. (Councilman Wilkinson out of room) Resolution adopted initiating annexation proceeding for the Northeast Consolidated ' Annexation. a - Director of Community Development, Roy A. Bingman, identified the area; being a consolidated annexation consisting of separate petitions; a single peti tion from a single owner; petitions from over 50% of the oi•mers in the ` Andersonville area and over 50% of the owners in the Alta Vista area. ,1 City Manager Brunton and City Attorney bLzrch spoke to the part of the annexation which has been before the Planning and Zoning Board, and the balance which must go back to the Board nor recommendation. jCity Clerk Verna Lewis read the resolution at length: Mr. Gabriel Oliver of the Welfare Rights Organization, spoke to recommenda- tions to be offered at the time of hearing as follows: 1.,.Non interest tap fee. Z. Alco Rater District - request for residents to continue use of District water. 3. Assessment on ]tomes in the area. ; ' "'4'. —'Request for City personnel to adviseresidents on -plumVing installation requirements. NA S. Request for exemption of wiring standards. City Manager Brunton stated the Administration would have a report on all these subjects at the time of the hearing. Peter Ervin, a Priest at John il,-enty Third University Center, spoke in favor of the recommendation made by Mr. Oliver. Councilman Bowling made a motion, seconded by Councilwoman Gray, to adopt the resolution. Yeas: Council,. members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: Drone. RESOLUTION 74-40 OF THE COUNCIL OF THE CITY OF FORT COLLINS INITIAT- ING ANNEXATION PROCEEDINGS FOR THE NORTHEAST CONSOLIDATED ANNEXATION WHEREAS, heretofore a written petition together with four prints of an annexation map was filed with the City Clerk requesting the annexation of certain property more particularly described as situate in the County of Larimer, State of Colorado, to -wit': A tract of -land situate in the NE 1/4 of Section 12, Township 7 North, Range 69 West, the SE 1/4 of Section 1, Township 7 North, Range 69 West, the SW 1/4 of Section 6, Township 7 North, Range 68 West, and the NW 1/4 of Section 7, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the East line of said Section 12 as bearing N 89007' W and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the East quarter corner of'said Section.12, thence N 89007' W 1090 feet to the Southeast corner of the East Lincoln Avenue First Annexation, thence N 00153' E 416.80 feet, thence S 89036' W 268.87 feet to the East line of Block 12 Buckingham Place, said point also being the Northwest corner of said East Lincoln Avenue First*Annexation, thence N 00°53' E 875.87 feet to the South right of way line of East Linden Street, thence Westerly 1260 feet more or less along the North line of the. Buckingham Place Subdivision to the Northwest corner of Block 8 of said Buckingham Place Subdivi- sion, thence Westerly 50 feet along the North line of the Buckingham Place Subdivision extended, thence N 00°53' E 60 feet to the North right of. 2111 way line of East Linden Street, thence Easterly 2630 feet more or less along the North right of way line of East Linden Street to a point on the West right of way line of Ninth Street which is 30 feet West of the East line of the NE 1/4 of said Section 12, thence Northerly along said West line of Ninth Street 1292.6 feet, more or less, to the North line of said Section 12, thence Westerly along said North line of Section 12 301 feet, thence -b Northerly and parallel to the East line of the SE JG 1/4 of Section 1, Township 7 North, Range 69 West, 433.1 feet, thence Westerly 15 feet to the Southeast �-7 corner of Lot 5 of the Alta Vista Subdivision of Larimer County, Colorado, thence Southwesterly along the South line of said Lot 5, 125.8 feet, thence Westerly 40 feet to the Northeast corner of Lot 6 of said subdivision, thence Southerly 50 feet to the Southeast corner, thence Westerly 125 feet to the Southwest corner, thence Westerly 15 feet to the Northeast corner of Lot 18 of said Subdivision, thence Southerly 50 feet to the Southeast corner of said lot, thence Westerly 305 feet along the South line of Lots 18 and 19 to the Southwest corner of the subdivision, thence Northerly along the West line of said subdivision 590 feet to the Northwest corner of said subdivision, thence Easterly along the North line of said subdivision 610 feet to the Northeast corner of Lot 41, thence continuing Easterly 15 feet, thence Southerly 200 feet along the Northeast boundary of the subdivision, thence Easterly 361 feet along said boundary to a point on the East line of Ninth Street, thence Southerly along said East line 708.1 feet more or less to a point on the North line of the NW 1/4 of Section 7, Township 7 North, Range 68 West, thence continuing Southerly and parallel to the West line of said NW 1/4 80 feet, thence Easterly 10 feet to the Northwest corner of the Anderson Place Subdivi- sion of Larimer County, Colorado, thence continuing Easterly along the North line of said Subdivision 313 feet to the Northeast corner of said subdivision, thence Southerly 1240 feet along the East line of said subdivision to the Southeast corner, thence Westerly 313 feet to the Southwest corner of said subdivision, thence continuing Westerly 10 feet to the East line of Ninth Street, thence Southerly along said East line 1321.60 feet, thence Westerly 30 feet to the point of beginning to the City of Fort Collins, Colorado; and WHEREAS, the City Council desires to initiate annexation 212 proceedings in accordance with law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the City Council hereby finds and determines that the annexation petition and accompanying map are in substantial compliance with Section 139-21-6, Colorado Revised Statutes, 1963, as amended. Section 2. That May 16, 1974 at the hour of 6:30 P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers of the City of Fort Collins is hereby set as the date, time and place where the City Council will hold a hearing to determine if the proposed annexation complies with the provisions of Sections 139-2i.-3 and 4, Colorado Revised Statutes, 1963, as amended, or such parts thereof as may be required. Passed and adopted at a regular meeting of the City Council held this 4th day of April A.D., 1974. Mayor ATTEST: Ci ty Clerk TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a resolution initiating annexation 1 1 1 proceedings for the Northeast Consolidated Annexation, said annexation being more particularly described in said resolu-- i tion, a copy of which precedes this notice. 16 THAT on May 1-4,, 1974, at the hour of 6:30 P.M., or as soon thereafter as the matter may come on for.hearing, before the City Council in the Council Chambers of the City Hall of the City of Fort Collins at 300 LaPorte Avenue, Fort Collins, Colorado, the City Council will hold a hearing upon ?0 in U' the annexation petition for the purpose of determining and Cj finding whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation. At such hearing, any person living within the area proposed to be annexed, and any landowner of lands therein, and any resident of the City of Fort Collins, and all other interested persons, may appear and present such evidence as they may desire. City Clerk Councilman Bowling made a motion, seconded by Councilwoman Reeves, to refer the portion of the Consolidated Annexation CAndersonville Annexation and Alta Vista Annexation) to the Planning and Zoning Board for recommendation on the zoning and Annexation. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Ordinance authorized Vacating an Alley in Block 294 Director of Community Development, Roy A. Bingman, identified the area; the request is for a vacation of the west portion of a "U" shaped alley which has never been constructed and has no utilities. It is requested in conjunc- tion with the possibility of a site for the lousing Authority. The Staff and Planning and Zoning Board was for approval. Councilwoman Reeves made a motion, seconded by Councilman Bowling, to refer the item to the City Attorney for ordinance preparation. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Request of Downtown Merchants Association to hold their Carnival in the America Building parking lot approved ' blr. Luther Hickman of the DMA spoke in favor of the request, the carnival dates are July 12 and 13, 1974. City Manager Brunton stated the City had contacted the railroad, unofficially, and they had stated they were not opposed providing there was 'proper insurance. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to approve the request subject to the proper insurance protection. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Request of the Downtown Merchants Association for the City to install Christmas decorations in Fort Collins referred to Administration -" Mr. Luther HicLonan spoke to the communication to the Council in which they stated the IIA6, did not have the money to provide lighting for 1974. Council members spoke to the need for further study on this subject, to find other alternatives. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to refer -the item to the Administration for further study and recommendation. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: I None. Request'to have free service at the Landfill April 20-21 and April 27-28, 1974 approved Mayor Preble spoke to the Spring clean up Campaign, and Councilwoman Reeves called upon Mr. Mark Bonan and Mr. Warren Burg to speak to the recycling i proposal. Assistant Fire Chief, Don Hisam, spoke to the reasons for the request for two free weekends. Councilwoman Reeves stated she }could like the community to start thinking in terms of recycling. Councilman Russell made a motion, seconded by Councilwoman Reeves, to approve the request for free service at the Landfill April 2021 and April 27-28. Yeas: Council members Bcwling, Gray, Prebl�:;. Reeves, Russell and Wilkinson. Nays: None. Ordinance adopted on second reading vacating an alley in Block 173 Councilman Bowling made a motion, seconded by Councilman Russell, to adopt Ordinance No. 15, 1974 on second reading. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. 2 l`"5" 1 1 ORDINANCE NO. 15, 1974 BEING AN ORDINANCE VACATING AN ALLEY IN BLOCK 173 IN THE CITY OF FORT COLLINS, COLORADO WHEREAS, the resubdivision of Block 173 in the City of Fort Collins, which was accomplished by plat filed August 17, 1892, with the Larimer County Clerk aAd Recorder created and dedicated an alley which was bounded on the west and the south by Lot 9 in said block, on the east by Lots 10, 11, 12 and 13 in said block, and on the north by Lot 14 in said block; and WHEREAS, request has been made for the City to vacate said alley; and WHEREAS, said alley has never been open to public travel and the same is.not now needed for municipal purposes nor will it be needed for municipal purposes in the future; and WHEREAS, it appears that the rights of the citizens of the City of Fort Collins will in no way be prejudiced by the vacation of said alley. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: - That the alley in Block 173 in the City of Fort Collins, according to the resubdivision filed August 17, 1892, for said 'block, as described above be, and the same hereby is, abolished, vacated and abated. Introduced, considered favorably on first reading, and ordered published this 21st day of March, A.D. 1974, and to be presented for final passage on the 4th day of April, A.D. 1974. ATTEST: Mayor S / CIty Clerk Passed and adopted on final reading this 4th day of April, A.D. 1974. ATTEST City Clerk First reading: March 21, 1974 Second reading: April 4, 1974 Published: Dlarch 26 and April 9, Mayor (Vote: Yeas: 6; Nays: 0) (Vote: Yeas: 6; Nays: 0) 1974 Attest: ltv Clerk - _--- ._--- m r 2 t G Ordinance adopted on second reading relating ' to City participation on oversized water lines Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 16, 1974 on second reading. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO. 16, 1974 BEING AN ORDINANCE AMENDING SECTIONS 112-41, 112-42, AND 112-43 OF THE CODE OF THE CITY OF FORT COLLINS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 112-41 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "Section 112-41. Extension of water mains; payment of costs. "A. When water mains are extended, the property owners benefited thereby, as determined by the City, shall pay all of the costs of extending such mains insofar ' as such costs relate to the size main required to serve the property benefited. In the event the City requires that such main be of a size larger than that necessary to serve the property for which the main is extended, the City water utility shall pay the additional costs incurred on such account. "B. The City Manager shall propagate rules and regulations setting forth the method of determining the portion of the cost of main extension to be borne by the City, which regulations shall be submitted to the City Council for approval." Section 2. That Section 112-42 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "Section 112-42. Extension of water mains in subdivisions. "All water mains required to serve a platted subdivision, including cross connecting mains, shall be installed by the subdivider. The subdivider shall install mains to the farthest point or points of his subdivision. The City may participate in the cost of installing such mains as provided in Section 112-41." Section 3. That Section 112-43 of the Code of the City of Fort ' Collins be, and the same hereby is, amended to read as follows: "Section 112-43. Reimbursement of subdivider for water main extension. 71A 2TT 1 1 u "When a subdivider finds it necessary to bring water service from the existing water system through vacant property to his platted subdivision, or to construct lines on the perimeter of said subdivision, the subdivider shall be responsible for the installation of all of such mains as shall be necessary and required by the City. The size of the mains shall be determined by the City, and the City may participate in the cost of installing such mains in accordance with the provisions of Section 112-41. At the time of annexation, or as the property abutting said water main is developed and connections are made to the said water main, the City may collect a charge assessed in relation to the benefit to the affected property, based upon the original construction cost., and if so collected, the City shall reimburse the original subdivider to the extent of the collection so made. In no event shall the actual amount so paid to the subdivider by the City exceed the original cost to the subdivider of the excess extension." Introduced, considered favorably on first reading, and ordered published this 21st day of March, A.D. 1974, and to be presented for final passage on the 4th day of April, A.D. 1974. ATTEST: City Clerk ,hlayor Passed and adopted on final reading this 4th day of April, A.D. 1974. ATTEST Mayor /�/,.�� _ City Clerk First reading: March 21, 1974 (Vote: Yeas: 6; Nays: 0) Second reading: April 4, 1974 (Vote: Yeas: 6; Nays: 0) Published: March 26 and April 9, 1974 Attest: . City Clerk 217 218 ��. Ordinance adopted on second reading relating to City participation in oversized sewer lines ' Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 17, 1974 on second reading. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO. 17, 1974 BEING AN ORDINANCE AMENDING SECTION 112-94 OF THE CODE OF THE CITY OF FORT COLLINS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 112-94 of the Code of the City of Fort Collina be, and the same hereby is, amended to read as follows: "Section 112-94. Extension of mains; payment of costs. "A. When sewer mains arc extended, the property owners benefited thereby, as determined by the City, shall pay all of the costs of extending such mains insofar as such costs relate to the size main required to serve the property benefited. In the event the City requires that such main be of a size larger than that necessary to serve the property for which the main is extended, the City sewer utility shall pay the additional costs incurred on such account. "B. The City Manager shall propagate rules and regulations setting forth the method of determining the portion of the cost of main extension to be borne by the City, which regulations shall be submitted to the City Council for approval." Introduced, considered favorably on first reading, and ordered published this 21st day of March, A.D. 1974, and to be presented for final passage on the 4th day of April, A.D. 1974. ATTEST: Mayor City Clerk Passed and adopted on final reading this 4th day of April, ' A.D. 1974. 2 19" 1 I. 1 ATTE/ST::A' 7' City Clerk > Mayor First reading: March 21, 1974 (Vote: Yeas: 6; Nays: 0) Second reading: April 4, 1974 (Vote: Yeas: 6; Nays: 0) Published: March 26 and April 9, 1974 Attest: City Clerk Ordinance adopted rezoning property by Sam Aranci et ux Councilwoman Gray made a motion, seconded by Councilman Bowling, that Ordi- nance No. 18, 1974 be adopted on second reading. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO. 18, 1974 BEING AN ORDINANCE MENDING 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, to R-P,,Planned Residential District for the following described property in the City, to -wit:. Considering the East line of the Southeast 1/4 of Section 22, Township 7 North, Range 69 West of the 6th P.M., as bearing S 00°21' E and with all bearings contained herein relative thereto, begin at the South- east corner of the North 1/2 of the Southeast 1/4 of said Section 22, and run thence along the south line of said North 1/2 of the Southeast 1/4, N 89053' 30" tip` 650.20 feet to the southerly boundary of the New Afercer Ditch; thence along the southerly boundary of the New Mercer Ditch, N 34°55' E 78.58 feet, and again N 52°08'35" E 263.74 feet, and again S 60*20' E 160.26 feet, and again S 74*18' E 119.06 feet, and again N 86°S4' E 142.SS feet to a point on the east line of said Southeast 1/4; thence along said east line, S 00021' E 123.70 feet to the point of beginning. 219 2 2. 6 Introduced, considered favorably on first reading, and ordered published this 21st day of March, A.D. 1974, and to be presented for ' final passage on the 4th day of April, A.D. 1974. ATTEST: ,D Mayor L/.�iLots�� etlt�K.a� City Clerk Passed and adopted on final reading this 4th day of April, A.D. 1974. ATTEST: Mayor City Clerk First reading: March 21, 1974 (Vote: Yeas: 6; Nays: 0) Second reading: April 4, 1974 (Vote: Yeas: 6; Nays: 0) I Published: March 26 and April 9, 1974 Attest; City Clerk Ordinance adopted on second reading amending the Water Plant Investment Fee Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 20, 1974 on second reading. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO. 20 , 1974 BEING AN ORDINANCE AMENDING SECTION 112-64A OF THE CODE OF THE CITY OF FORT COLLINS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 112.64A.: of the Code of the City of Fort Collins be, and the same hereby is, amended by changing the schedule therein contained to read as follows: 1 220 2 Tt Size of Tap ' at Main Exclusive of Demand For Fire Protection (inches) 1 1 3/4 1 1-1/2 2 3 4 6 Metered Users Plant Investment Fee $S95.00 990.00 . 1,890.00 3,015.00 5,660.00 9,470.00 20,550.00 Flat Rate Users ,Plant Investment Fee $S15.00 860.00 Introduced, considered favorably on first reading, and ordered published this 21st day of March, A.D. 1974, and to be presented for final passage on the 4th day of April, A.D. 1974. ATTTEST : Mayor zES City Clerk Passed and adopted on final reading this 4th day of April, A.D. 1974. ATTEST: Mayor ` City Clerk First reading: March 21, 1974 (Vote: Yeas: 6; Nays: 0) Second reading: April 4, 1974 (Vote: Yeas: 6; Nays: 0) Published: March 26, 1974 and April 9, 1974 Attest: City Clerk Ordinance adopted on second reading amending the Sevier Plant Investment Fee Councilwoman Gray made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 21, 1974 on second reading. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. 971- 222 ORDINANCE NO. 21 , 1974 ' BEING AN ORDINANCE AMENDING SECTION 112-115 OF THE CODE OF THE CITY OF FORT COLLINS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF.FORT COLLINS: Thst Section 112-115 of the Code of the City of Fort Collins be, and the same hereby is, amended by changing the schedule therein contained to read as follows: Plant Type of Use Investment Fee Tap Charge Residential: Single dwelling unit or first unit of multi- family dwelling or mobile home court $ 590.00 $190.00 Each additional dwelling unit 430.00 None ' Nonresidential Water Meter Size: (inches) 3/4 590.00 190.00 1 990.00 190.00 1-1/2 1,960.00 190.00 2 3,150.00 215.00 3 5,905.00 215.00 4 9,855.00 21S.00 6 19,610.00 225.00 Introduced, considered favorably on first reading, and ordered published this 21st day of March, A.D. 1974, and to be presented for final passage on the 4th day of April, A.D. 1974. ATTEST: � Mayor City Clerk Passed and adopted on final reading this 4th day of April, I A.D. 1974. ATTEST: � Mayor City Clerk 222 First reading: March 21, 1974 (Vote: Yeas: 6; Nays: 0) Second reading: April 4, 1974 (Vote: Yeas: 6; Nays: 0) Published: March 26 and April 9, 1974 Attest: City Clerk Ordinance adopted as amended on first reading amending the Code relating to amusement divices 70 ` City Manager stated a memorandum had been received from the Police Depart- ment recommending some changes. d City Attorney March stated changes could be made to accomplish the changes recommended. Police Chief Smith stated there were three areas of concern. The areas that cater to the juveniles; the Police Department would like to see them close at midnight. City Attorney March spoke to the recommended change. Councilwoman Reeves made a motion, seconded by Councilwoman Gray; to amend Ordinance No. 22, 1974, by deleting all of the words in the first parapraph ' from the word "deleting" on and by substituting "adding thereto at the end thereof, the following words and figures: provided that the hours for playing such games in establis}unents licensed to%seTve alcoholic beverages shall be extended from 12:00 midnight to 2:00 A.M. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 22, 1974 as amended on first reading. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Resolution adopted approving an agreement with the State Board of Agriculture relating to the furnishing of water and sanitary sewer service to Colorado State University City Manager Brunton spoke at length to the memorandum included with the agenda, included below: We have been negotiating for some time with representatives of CSU on a new agreement for providing them with water and sanitary sewer service. Enclosed is a copy of the resolution authorizing the Mayor and City Clerk to sign the agreement, a copy of which is also enclosed. We have also been working on several letters of understanding concerning the method and application of these fees. ' There is no question about the second phase of the sanitary sewer rate increase which charges CSU 43C per thousand gallons of water delivered. Since the University does not receive City water at the Agricultural Campus, we had to arrive at a negotiated amount of usage. The 102.5-thousand gallon figure is based on six residential units' equivalent times 150%. (This is covered in one of our letters of understanding.) It is also understood that, if CSU improves . its infiltration problem, the entire charge for sewer service will be renegotiated. 223 2 4" _ There is some difference of opinion regarding the new water rates. Initially , the Water Board recommended to the Council that there be an average water rate increase of 60% effective October 1, 1973. After additional checking and evaluation, the staff recommended to the Council that an average increase of 30% be applied on approximately January 1, 1974, and an additional 25% effective approximately January 1, 1975. The first water rate increase was to include the cost -of -service adjustment and the second to be a flat across-the-board increase. The proposed water rate increase was figured on the basic "cost -of -service" con- cept and an alternate policy method using a reserve raw water concept. Both of these increases are in line with our previous estimated average increases, namely 37.1% in the former and 25.3% in the latter. The City Council subsequently adopted the alternate or reserve raw water concept. CSU then anticipated that the increase would, therefore, be the 25.3% (from 22C per 1,000 gallons to 27.5c per 1,000 gallons). Our engineers, Black and Veatch, recomputed CSU's fair share of cost of service and arrived at a 45.2% increase (31.9c per 1,000 gallons). This is the only item we have not yet agreed upon. Recommendation: The Administration recommends that the Council first determine if CSU should pay the increased water price from 22c/1,000 gallons to 27.5c/1,000 gallons or to 31.9c/I,000 gallons or some figure in between. After approving this figure, we recommend that the Council adopt the aforementioned resolution authorizing the Mayor and City Clerk to sign the agreement: (We anticipate that the agreement will beapprovedby the State Board of Agriculture at their May meeting.) '_'r. D6n Rhody spoke to the recommendation of the Water Board considered at the , December 21, 1973 meeting. Council discussed at great length the above percentages of increase. Dr. Don Rhody stated the 45.2% increase was 31.9� per 1,000 gallons, the 25.3% increase was 27.5¢ per 1,000 gallons, the difference between that 40.4% or the 29.*7¢ per 1 ' 000gallons. Therefore, if Council agreed with this figure, he would support that with the governing Board. Mr. Jan Scarboro, representing the Associated Contractors of Northern Colorado, spoke to the competition CSU gives private developers in the housing market and their desire to have the University pay tap fees for each living unit; that any development off the campus furnish raw water and that they pay the same rates for water and sewer as any other individual in the City. City Attorney March stated the City had the right to require whatever reason- able conditions became necessary. Councilwoman Reeves expressed her concern that under the 111ternate Cost of Service that the single family home would be paying 15% less and made up by other groups. Councilwoman Gray made a motion, seconded by CounciL!oman Reeves, that ' Council determine that CSU should pay the 37.1% or 30.16¢ per thousand gallons. Yeas: Councilwomen Gray and Preble. Nays: Council members Bowling, Reeves, Russell and Wilkinson. 224 ._ . _ . - .- . .-_ _. _-L..___. . _ _._ -. . _- _ _. . .' . ._ _ k J �2`5 Councilman Bowling made a motion; seconded by Councilman Russell":that= Council determine that CSU should oav the 45.2% increase of 31.9¢ per thousand gallons. - Yeas: Council members Bowling, Reeves, Russell and Wilkinson. 'Nays: Counciliromen Gray and.Preble._ - Councilman Bowlin made a motion, seconded by Councilman Russell,'to adopt the resolution. 'eas:• Council members Bowling, Gray, Preble, Reeves; Russell and Wilkinson. Nays: None. RESOLUTION 74-41 _ _ OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH THE STATE BOARD X OF AGRICULTURE RELATING TO THE FURNISHING X OF WATER AND SANITARY SEWER SERVICE TO COLORADO SPATE UNIVERSITY WHEREAS, the City of Fort Collins has recently completed a study of its rates in connection with its water and sewer utility and has increased such rates in accordance with the results of such study; and h'HEREAS, heretofore water and sanitary sewer service has been furnished to the State Board of Agriculture in connection with Colorado State University under an agreement, but said agreement was heretofore ' terminated in contemplation of the increased rates to be established as a result of such rate study; and WHEREAS, a revised agreement has been negotiated with the State Board of Agriculture providing for furnishing water and sewer service to Colorado State University at the rates indicated by the rate study and said agreement has been approved by the City Manager and the City Attorney, and the Council now desires to approve and authorize the same. NOW, THEREFORE, BE IT RESOLVED BY TILE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreement be, and the same hereby are, accepted and approved; and 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. 1 Passed and adopted at a regular meeting of the City Council held this 4th day of April, A.D. 1974. ATTEST: City Clerk Mayor 225 22G Resolution adopted approving a temporary use permit agreement to be entered into with the I Northern Colorado Water Conservancy District City Manager Brunton stated this was water that was already under contract. Councilwoman Gray made a motion, seconded by Councilman Bowling, to adopt the resolution. Yeas: Council members Bowling, Gray, Preble and Reeves. Nays: None. (Councilmen Russell and R'ilkinson out of room). RESOLUTION 74-42 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROV- ING A TEMPORARY USE PERMIT AGREEMENT TO BE ENTERED INTO WITH THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT WHEREAS, the City of Fort Collins has obtained 65 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 65 acre-feet units, allocating such waters to the City; and WHEREAS, such 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.4th day of April, A.D. 1974. "6 ATTEST:: MAYOR City Clerk 7p, Resolution adopted on Street Improvement 70 District No. 70 Jp -� Director of Community Development, Roy A. Bingman, stated there was a memoran- dum in with the agenda stating the need for a street improvement district on Shields Street between Prospect Street and Swallow Road, due to increased traffic volunn in the area and safety considerations. City Manager Brunton spoke to the increased costs on this and other pro- jects, and the problem of street alignment due to trees. Councilman Bowling made a motion, seconded by Councilwoman Gray, to adopt the resolution. Yeas: Council members Bowling, Gray, Preble, Russell and Wilkinson. Ways: None. (Councilwoman Reeves out of room) RESOLUTION 74-43 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 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. 227 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 street improvements on Shields Street between Prospect Road and Swallow Road consist- ing of asphalt pavement, concrete, curb, gutter, sidewalk and street lighting, and that such improvements are needed in order to facilitate the use of said street, increase the safety for persons using said street, decrease the required maintenance on said street, and provide better lighting on such street. Section 3. The location of the improvements to be made is as follows: Shields Street between Prospect Road and Swallow 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 228 of the improvements. Section 5. Said improvement district shall be known as Street Improvement District No. 70. Passed and adopted at a regular meeting of the City Council held this 4th dal of April, 1974. 70 r� Mayor ATTEST: City Clerk Closing of .Briar -wood Pnad between Mulberry and LaPorte authorized" _ City Mana.-er Brunton stated the following were enclosed with the agenda: 1. letter from City Manager to Maurice Deines informing him of this situation. 2. Letter from resident of Ramblewood Apartments. 3. Memo from Roy A.•Bingman, Community Development Director. 4. Memo from Joe A. Rice, Traffic Engineer, on reports of traffic and accidents. 5. Memo from E. W. Yonkers, Fire Chief. 6. Aerial map of the area. Director of Community Development, Roy A. Bingman, identified the area, spoke to the development of Oak Street and the following portion of his memorandum: The origins of this problem are easy to understand when you look at a zoning map of the area. The apartment area is zoned RINI - Medium Density Residential, and has well over 300 living units. The area zoned Rid is surrounded by area zoned RL - Low Density Residential. The south portion of Briarwood has single family living units.. This is an example of very different types of living conditions side by side, and the types of problems which may result. . Some consideration has already been given to closing the street by the City Council. Some of the factors which should be considered in such a move are the following: 1. what precedent will we set 2. what effect on traffic circulation in the general area will result 5, will there be a problem as to future traffic control 4, what about police protection S. fire protection 6. what is the cost and who will pay 7, what do all persons residing in the area think The Staff recommendation also contained a proviso that if Council chose to close the'street that one side of the street be renamed. Councilwoman Gray inquired who would pay for the street closing? City Manager Brunton stated it was the Administration's recommendation that the City bear the cost. Councilman Wilkinson stated he would like to see the closing of the street coincide with the installation of the traffic light. The following persons appeared before the Council on this subject: Speaking for the Street closin 1. Beverly Porter, 216 Briarwood 2. Bob Cushalt, 2209 Olive Court 3. Mrs. Charles Cunningham, 220 Briarwood Court 4. John Hahn, 324 Briarwood Road S. Linda �andhauer, 425 Briarwood eaking against the Street closin 1. Attorney William Dressell representing Maurice Deines 2. Resident; 173 Briarwood .3. Bryan K. Walkagawa; 154 Briarwood #332 4. Pete Frost, 154 Briarwood After further diliberation, Councilman Bowling, made a motion, seconded by Councilwoman Gray, to close the street permanently, leaving,'�however, bicycle and pedestrian access, and until the street is closed,'that the traffic Engineer put up :.adequate stop signs. Yeas: Council members Bowling, Gray, Preble; Reeves and Wilkinson. Nays: None. rr.ouncilman Russell out of room) ,vq ion of a Noise Ordinance tabled Mayor Preble stated Dr. Jack A. Willeford was present and would speak to the. problem. Dr. Willeford, .41sppppkb.ap.ahe-dalaof passing an ordinance that could not be enforced. Dr. Willeford also provided Council with a survey conducted by Colorado State University.on Noise, which indicated that noise pollution had tied for second. As a closing comment, Dr. Willeford stated that as a community, the City was in good shape, but that it is getting worse. Chief Smith reported on the difficulty on enforcing the muffler ordinance on the books. Mayor Preble requested that the results of any additional survey be pro vided for Council information to see if any increases were noted and thanked Dr. Willeford for his presentation. I I t 230 _ _ _ Councilman Russell. made a motion, seconded by Councilman Wilkinson, to table' this item. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Ordinance adopted on first reading amenduig the Code relating to sales tax City Manager Brunton stated if Council wished to collect the tax on food sales at CSU, they should pass the ordinance. The loss of revenue to the City is estimated at approximately $12,000 per -year. 70 Councilwoman Gray concurred with the City Manager in his personal feeling not to collect the tax. — - - - - - .JO Councilman Bowling and Councilman Russell stated the public uses the facilities at CSU. City Clerk, Verna Lewis, read the proposed ordinance at length. Councilwoman Gray spoke against the ordinance as a matter of principal and her opposition in taxing food stuffs which are necessities. Councilman Bowling made a motion, seconded by Councilman Russell, to adopt Ordinance No. 23, 1974 on first reading. Yeas: Council members Bowling, Preble, Reeves, Russell and Wilkinson. Nays: Council,,voman Gray,._,..,;.,. ' Implementation of Seven Year Capital Improvement Pro,_(Jr'qn_aT)proved City Manger Brunton spoke to the need for selecting architects for the various projects of .the Seven Year Capital Improvements Program. The recommendation from the Administration was. as follows: To expedite this p program we suggest the Council authorize a fairly large committee - to interview architects and make recommendations. This committee could consist of a representative of the Parks and Recreation Board, a representative of the Library Board, the Executive Director of DTT, the Director of CORAD, the Library Director, the Parks and Recreation Director, the Electrical Utility Director, the Assistant City Manager, and the City Manager. This committee would be responsible for naming one architect for each project. Recommendation: The Administration recommends that the Council authorize the formation of the aforementioned architectural review committee. The committee . should present to the Council a recommendation of one 4rchitectural firm for each project. Hopefully, these recommendations can be presented to the Council at their meeting of May 2, 1974. Councilman aassell suggested that the staff make the architectural survey and^ ' report to Council so that Council can make the selection of architects. Council- man Wilkinson concurred in the suggestion. Councilman Bowling spoke in favor of the recommendation of the Administration. Councilman Russell made a motion, seconded by Councilman Wilkinson, that the ' staff review local and non local architectural firms for consideration on the design work of the various projects; that it then be returned to Council for final determination. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. Employment of Administrative Assistant II for right-of-way and land acquisition approved Mayor Preble stated this item had been discussed previously. Councilman Wilkinson inquired if there were guidelines for the type of person that will be considered? City Manager Brunton and City Attorney March spoke to the method of using such a person, stressing that the City would still use outside appraisers and closers. Councilwoman Gray made a motion, seconded by Councilman Bowling, to approve the employment of an Administrative Assistant II. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Rules and Resolution regarding City participation in cost of extending sewer mains approved City Manager Brunton stated this was a routine procedure. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to approve the rules and regulations. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Other business 1. Mayor Preble stated she had a letter from the Colorado Conservation Board inquiring into the Flood Plain Regulations. (letter not sub- mitted for recording in Central Files) City Manager Brunton and Director of Community Development, Roy A. Bingman, spoke to the subject, determing that it would be around 60 days before any action could be taken. 2. Letter from Club 100 Headquarters read at length. City Manager Brunton stated he would acknowledge the letter and send a copy of the letter to Civil Defense, Tom Fierce. 3. Mayor Preble stated she had a letter from Reverend James Baird of the Presbyterian Church suggesting Council think about Tuluca City in Mexico, as the Sister City of Fort Collins. Mayor Preble stated this item would be presented to DT2 and have them research it. (letter not submitted for recording in Central Files) 4. Mayor Preble also stated she had a letter from Martha Cooper, resigning ' as Chairman from the Mayor's Committee on Employment of the Handicapped. (letter not submitted for recording in Central files) Mayor Preble also reminded Council that there were vacancies in the Senior Citizens Commission and on the Landmark Commission. a 2 5 7. 91 -42 10 Councilman Russell requested that the staff look into the installation of buzzers on the traffic lights in the heavily populated areas to signal changing. -- City Manager Stated there would be a report on this. Councilwoman Gray stated she had received comments about the absence. of a crossing on the corner of Shields and Plum. Councilman Bowling requested that the Police Department send a letter to the schools reminding children to use the cross walks. City Manager Brunton stated the traffic committee would consider both items. Councilwoman Reeves inquired into the Library fines; she requested the Administration ask the Library Board if they would consider looking at the fine schedule for the Children's Library. Library Director Larry Webber will look into this. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to convene the regular Council meeting at 5:30 P.M. Yeas: Council members Bowling, Gray, Preble, Russell and Wilkinson. Nays: Councilwoman Reeves. Mayor Preble called a special meeting of the Council for April 11, at 1:30 P.M. in the Council Chamber, Adjournment Councilman Russell made a motion, seconded by Councilmann Bowling, to adjourn'' the meeting. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ATTEST: .:233