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HomeMy WebLinkAboutMINUTES-02/01/1977-RegularFebruary 1, 1977 . COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Regular Meeting - 5:30 P.M. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, February 1, 1977 at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Absent: Councilman Suinn. Staff Members Present: Brunton,Bingman, Deibel, LeValley, Holmes, McGraw, Webber, Wood, Liley, Kaplan and - Lewis. Also: City Attorney Arthur March, Jr. Approval of the Minutes of the Regular Meeting ' of January 18, 1977 Tabled to February 15, 1977 Mayor Wilkinson stated that since the minutes were not available for review, consideration would be held over to the February 15, 1977 meeting. Ordinance Tabled on Second Reading Zoning the Suitts First Annexation = Following is the City Manager's memorandum on this item: "Ordinance No. 1, 1977, was adopted on first reading at the January 4, 1977, City Council meeting. At the January 18, 1977, meeting, the second reading of this ordinance was tabled until February 1. This ordinance provides for the zoning of 68.3 acres located on the south side of the Poudre River between Highway 14 and Prospect Street for I-P, Planned Industrial District Zoning. Mr. Suitts agreed to dedicate the right of way along the Poudre River for a trails program. The City is also negotiating with Mr. Suitts to purchase a tract of land on the site for open space. However, the owner has not yet received his appraisal of this land. Until the appraisal is received, we cannot arrive at a final purchase price. 1 224 The City Council indicated they did n'dt want this ordinance passed on second reading until the right of way or dedication of the Poudre River trail and acquisition of the additional property was accomplished. It is highly unlikely that this will be completed before February 1. However, this matter should be brought up and officially tabled." Attorney Timothy Hassler, representing the petitioner, stated the petitioner has no objections to the tabling. Councilman Russell made a motion, seconded by Councilwoman Reeves to table the second reading of Ordinance No. 1, 1977 to the regular meeting of February 15, 1977. Yeas:' Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. Ordinance Adopted on Second Reading Amending the Traffic Code Relating to Traffic and Parking Meter Rates Following is the City Manager's memorandum on this item: "At the January 18, 1977, meeting the City Council adopted Ordinance No. 4, 1977, on first reading. This ordinance provides for the increasing of parking meter rates. At the present time the rate is 5 cents per hour. The new rate would be 10 cents per hour and 5 cents per half-hour. The new ordinance will not become effective until April 1, 1977." Councilwoman Reeves made a motion, seconded by Councilman Russell to adopt Ordinance No. 4, 1977 on second reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO, 4 , 1977 BEING AN ORDINANCE AMENDING SECTION 114-75(A) OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO TRAFFIC AND PARKING.METER RATES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 114-75(A) of the Code of the City of Fort Collins be, and the same hereby is, amended'to read as follows: 225 1 1 I1 "A. No person shall park a vehicle in any parking space upon a street alongside of and next to which a parking meter has been installed during the restricted and regulated time applicable to the parking meter zone in which such meter is located unless a coin or coins of United States currency as hereafter provided shall have been deposited therein or shall have been pre- viously deposited therein for an unexpired interval of time, and said meter has been placed in operation. The following coin or coins shall be required for periods of time as follows: Thirty (30) minutes . . . . .Five Cents (5�) One Hour. . . . . . . . . . .Ten Cents (1W) Two Hours . . . . . . . .Twenty Cents (20t) Section 2. The effective date of this ordinance shall be April 1, 1977. Introduced, considered favorably on first reading, and ordered published this 18th day of January , A.D. 1977, and.to be presented for final passage on the 1st day of February , A.D. 1977. ' Mayor ATTEST: Ci 41e rk Passed and adopted on final reading this 1st day of February A.D. 1977. ATTEST: City Clerk 1 226 First Reading: Second Reading: Dates Published: Attest: City Clerk January 18, 1977 February 1, 1977 January 23, 1977 (Vote: Yeas: 6, Nays: 0) (Vote: Yeas: 6, Nays: 0) and February 6, 1977 Ordinance Adopted on Second Reading Relating to the Use of Plastic Drainage Systems Following is the City Manager's memorandum on this item: "At its ,January 18, 1977, meeting, the City Council adopted Ordinance No. 5, 1977, on first reading. This amendment has been recommended by the Plumbing Code Committee of the Building Board of Appeals and allows the use of ABS and PVC plastic drain systems on all residential construction not more than two stories in height." Councilman Bloom made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 5, 1977 on second reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. ' ORDINANCE NO. 5 , 1977 BEING AN ORDINANCE AMENDING SECTION 401 (a) (2) OF THE UNIFORM PLUMBING CODE RELATING TO THE USE OF PLASTIC DRAINAGE SYSTEMS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 401 (a) (2) of the Uniform Plumbing Code heretofore adopted and incorporated into the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "(2) ABS and PVC plastic drainage systems are limited to residential construction not"more: than two (2) stories in height," 227 1 1 1 Introduced, considered favorably: on first reading, and ordered published this 18th day of January . , A.D. 1977, and to be presented for final passage on the 1st day of February , A.D. 1977. ATTEST: Ci y. Clerk Passed and adopted on final reading this 1st day of February A.D. 1977. yor ATTEST: City C erk ,, First Reading: January 18, 1977 (Vote: Yeas: 6, Nays: 0) Second Reading: February 1, 1977 (Vote: Yeas: 6, Nays: 0) Dates Published: January 23, 1977 and February 6, 1977 Attest: City Clerk Ordinance Adopted on Second Reading Amending the Traffic Code in Regard to Traffic and Speed Limits Following is the City Manager's memorandum on this item: "Ordinance No. 6, 1977, was adopted on first reading at the January 18, 1977, City Council meeting. The purpose of this amendment is to reduce speed limits in certain residential areas of the city. The Code would be revised by substituting 25_ miles per hour for 30 miles per.hour speed 228 limits for all streets in the city except, where otherwise posted. Arterial and collective streets are posted." Mrs. Linda Daniel, 2106 Constitution, speaking for the residents of Village West/Lexington Green, spoke in favor of this ordinance. Councilwoman Gray made a motion, seconded by Councilman Bowling to adopt Ordinance No. 6, 1977 on second reading. Yeas: Council - members Bowling, Gray, Reeves, Russell and Wilkinson. Nays: Councilman Bloom. ORDINANCE NO. 6 , 1977 BEING AN ORDINANCE AMENDING SECTION 114-19 (B)'(4) OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO TRAFFIC AND SPEED LIMITS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 114-19 (B) (4) of the Code of the City of Fort Collins be amended, and the same hereby is, to read as follows: "(4) On all other streets of the City not specifically posted, the applicable speed limit shall be twenty- ' five (25) miles per hour." .Introduced, considered favorably on first reading, and ordered published this 18th day of January A.D. 1977, and to be presented for final passage on the 1st day of February , A.D. 1977. ATTEST: Ci.y Clerk 229 ' 1 1 1 Passed and adopted on final reading this 1st day of February A.D. 1977. ATTEST: City Clerk First Reading: Second Reading: Dates Published Attest: January 18, 1977 February 1, 1977 January 23, 1977 r�c�r.� ; City Clerk (Vote: Yeas: S, Nays: 1) (Vote: Yeas: S, Nays: 1) and February 6, 1977 Ordinance Adopted on Second Reading Assessing Cost of Improvements in Street Improvement District No. 70 Following is the City Manager's memorandum on this item: "At its January 18, 1977, meeting, the City Council adopted Ordinance No. 7, 1977, on first reading. Street Improvement District No. 70 is located on Swallow Drive from College Avenue west to the Colorado and Southern railroad tracks. The public hearing on this District was also held at the January 18 meeting, and there were no objections to the assessment costs." Councilwoman Reeves inquired into the anticipated date that Frontage Road would be completed in that area. City Attorney March stated it is progressing and to a large degree it has been a question of waiting for building permits to be applied for and having the road put in, in connection with that. City Manager Brunton stated that at some stage special assessment might be required, because voluntary compliance does not get the job done. Councilwoman Gray made a motion, seconded by Councilman Russell to adopt Ordinance No. 7, 1977 on second reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. 230 ORDINANCE NO. 7 , 1977 BEING AN ORDINANCE ASSESSING THE COST OF IMPROVE- MENTS IN STREET, WATER AND SANITARY SEWER DISTRICT NO. 70 AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF -WHEREAS, heretofore by appropriate ordinances and resolutions duly adopted by the Council of the City of Fort Collins, there was established Street, Water and Sanitary - Sewer District No. 70 for the purpose of installing water mains, sanitary sewer mains, and street improvements to benefit certain property in the City, all pursuant to Chapter 16 of the Code of the City of Fort Collins; 'and WHEREAS, pursuant to said ordinances and resolutions, said improvements have been installed and accepted by the City of Fort Collins, Colorado; and WHEREAS, upon accepting said improvements, the City Council adopted the report of the City Engineer respecting the cost of such improvements and the schedule of assessments prepared by the City Engineer and ordered notice to be published as provided in Chapter 16 of the Code of the City of Fort Collins, which said notice was duly published as therein provided; and WHEREAS, January 18, 1977, is the date set for the hearing of complaints and objections and the determinations of the same and for acting upon an ordinance assessing the cost of such improvements; and WHEREAS, all .complaints and objections in writing filed by property owners within the District have been considered by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the total cost of the improvements in Street, Water and Sanitary Sewer District No. 70, including the cost of engineering, legal, publication, interest during construction and collection, to -wit: $66,.073.67, less the portion of said cost to be paid by the City; of Fort Collins, to -wit: $6,762.57, is hereby assessed upon the real estate in said District in accordance with the provisions .of Chapter 16 of the Code of the City of Fort Collins, and'the proportion of said costs assessed upon each lot or tract of land in said District shall be as follows: 231 1 • - CCNSOLIDATED IMPROVEI=T DISTRICT NO. 70 ASSESSMENT ROLE - NAME AND ADDRESS DESCRIPTICN MWAGE ASSESSMENT TOTAL 1 IN FEET RATE PER FOOT ASSESSMENT Williams, Edna P/Jack H Lot 1, Swallow Replat, Fort Collins. 200.00 $44.13804 $ 8,827.61 Box 930 Fort Collins, Colorado 80522 Credit existing curb & gutter -1,320.00 97261-25-001. = $ 70507.61 Williams, Edna P' .Lot 3, Swallow Replat, Fort Collins.- 493..41 $44.13804 — $21,778.15 Box 930 Fort Collins, Colorado 80522, 97261-25-003 _ Call ll,'Edward P/Karen L Tr in NFr, 26-7-69 Begat pt wh is inter of 680.26 $44.13804 $30,025.34' 3003 S. College S In of sd NF% and wrly R/W In of Colo St Hwy - Fort Collins, Colorado 8052i 4I also known as US Hwy #287; th nrly alg sd M 97260-00-029 wrly M1 In 210 ft to POB; th nrly alg sd - {I wrly P,/W In 202 ft; th wrly para with S In of sd M4 450 ft; th srly on In para with sd wrly R/W In 202 ft to pt 210 ft N of sd S In of sd N5-4; th erly alg In pars with S In of sd .I' NE; 450 ft to POB. Also tr in NE; 26-7-69 beg at E 1/4 cor of said section.26; t2i_ ^ N 0 19' 0" E 210 ft, N 89 43' 0" W 500 ft to iJ POB; th N 0 19' 0" E 202 ft, N 89 43' 0" W 1 343.29 ft, S 02 02' 0" W 373.21 ft,.N 64 39' _. 40" E 393.20 ft to POB. TOTAL $59,311.10 City of Fort Collins : $ 6,762.57 TOTAL PROJECT cG,rsmucrlav COST $668013.67 J9 Section 2. All assessments herein provided for shall t. be due and payable within thirty (30) days after the final publication of this ordinance, without demand, provided.that all such assessments may, at the election of the owners of the property assessed, be paid in ten (10) equal installments, the first installment being due on the first day of February, 1978, and on the first day of February of each year there- after until the full amount thereof has been paid, together with interest on the unpaid principal at the rate of six percent (68) per annum, said interest to be payable at the time of the principal payments. Failure to pay the whole of such assessment within thirty (30) days as aforesaid shall . be conclusively considered and held as an election on the part of the persons interested, whether under disability or otherwise, to pay in such installments. Section 3. In the case of election of any person to pay in installments as aforesaid, the failure to pay any installment when due, whether on principal or .interest_, shall cause the 0whole of the unpaid principal to become due and payable immediately and the whole amount of unpaid prin- cipal and accrued interest shall thereafter draw interest at the rate of one percent (1%) per month until the date of. sale as hereinafter provided; provided, however, that at any time prior to the date of sale, the owner of the property assessed may pay the amount of all unpaid and due install- ments, together with all interest that has accrued as afore- said, and all penalties accrued, and upon such payment shall be restored to the right to pay the installments in the same manner as if the default had not occurred. The owners of any property not in default as to any installments or payments may at any time pay the entire unpaid balance of principal, together with interest accrued thereon, to the first day of the month following such payment. Section 4. Payments may be made to the Director of Finance at any time within thirty (30) days after the final publication of this ordinance and.in such event .an allowance, of five percent (5%) as a discount shall be made on all payments during such period only. Section 5. In case of the default in the payment of any installment of principal or interest when due, all property concerning which such default is suffered shall be. advertised by the County Treasurer and sold for the payment . of the entire unpaid assessment thereon at the same -,.time or times and in the same manner under all the same conditions. and penalties and with the same effect as provided bylaw for the sale of real estate in default of the payment of general taxes, all as provided by Chapter 16'of the Code of the City of Fort Collins. 233 1 Ij Section 6. The Director of Finance shall -_prepare the foregoing assessment roll in proper form as provided in Chapter 16 of the Code of the City of Fort Collins, and shall keep a record of all payments made during the thirty - day period after the final publication of this ordinance and upon the expiration of said thirty -day period, he shall deliver said assessment roll to the County Treasurer of Larimer County with his warrant for collection of the same, all as provided in Chapter 16 of the Code of the City of Fort Collins. Section 7. All collections made by the County Treasurer on said assessment roll in any calendar month shall be accounted for and paid over to the Director of Finance on the first day of each and every month with of statements for all such collections for each month in the same manner as general taxes are paid by the County Treasurer to the City. Section 8. The owner of any divided or undivided interest may pay his share of any assessment upon producing evidence of the extent of his interests satisfactory to ,the officers having the roll in their charge. Section 9. If any property owner eligible therefor is granted a deferment from the assessments made by this ordin- ance pursuant to the provisions of Ordinance No. 106, 1973, then the lien created on such owner's property by this ordinance shall remain in full force and effect, but the ' same shall not be due or payable until the deferment granted pursuant to Ordinance No. 106, 1973 has expired. Introduced, considered favorably on first reading, and ordered published this 18th day of January, A.D. 1971, and .. to be presented for final passage on the 1st day of February, A.D. 1977. Mayor ATTEST: Ci'ry Clerk Passed and adopted on final reading this 1st day of February, A.D. 1977. Mayor ATTEST• ' City' -Clerk 234 First Reading: Second Reading: Dates Published Attest: City Clerk January 18, 1977 February 1, 1977 January 23, 1977 ,(Vote: Yeas: jVote: Yeas: and February 6, 6, Nays: 0) 6, Nays: 0) 1977 Ordinance Adopted on Second Reading Amending the Zoning Ordinance to Provide for an Additional New Transition Zone Following is the City Manager's memorandum on this item: "Ordinance No. 8, 1977, was adopted on first reading at the January 18, 1977, City Council meeting. The purpose of this new T, Transition Zone is to provide a type of interim zoning prior to the time when the property is ready for development. Under present regulations, any property annexed to the city must be zoned within ninety days. This requires the property owner to request a designation before such owner is prepared to begin development or before alternate development plans are known. It also requires the City to forecast the proper development to such area before they are ready for development. The Planning and Zoning Board, after reviewing the matter, recom- mended for approval of the ordinance." Councilwoman Reeves made amotion, seconded by Councilwoman Gray to adopt Ordinance No. 8, 1977 on second reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO. 8 , 1977 BEING AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE OF THE CITY OF FORT COLLINS (THE ZONING ORDINANCE) BY ADDING AN ADDITIONAL ZONE BE IT ORDAINED BY THE COUNCIL OF THE CITY•OF FORT COLLINS: Section 1. That Section 118-31 of the Code of,, the City of Fort Collins be, and the same hereby is,•amended`',by adding thereto an additional subpart "S" as follows. 1 1 235 1 "S. T Transition District." Section 2. That Chapter 118 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding thereto an additional Section 118-74 after the existing Section.118-73, as follows: "S 118-74. T Transition District. "This designation is for properties which are in a transitional stage with regard to ultimate development. "A. Uses permitted. No use shall be permitted of properties in this district except such use as existed on the date the property was placed in this zoning district. No permanent structures shall be constructed on any land in this zoning district, provided that the Zoning Board of Appeals may give a variance permitting installation of a permanent structure to be used in connection with the use of the property at the time the property was placed in this zoning district. "B. Change of zoning. The owner of any property in this zoning district may at any time petition the City to remove the property from this zoning district and place it in another zoning district under the zoning ordinance. Any such petition shall be referred to the Planning and Zoning Board to be considered at the next regular meeting of such board which is scheduled at least fifteen (15) days from the date the petition is filed with the City Clerk. Within sixty (60) days from the date the matter is considered by the Planning and Zoning Board, the City Council shall change the zoning for the property in question to another zoning district authorized under this ordinance." Introduced, considered favorably on first reading, and ordered published this 18th day of January, A.D. 1977, and to be presented for final passage on the 1st day of February, A.D. 1977. -"— ATTEST: City Clerk M I'll M R/Mr-w � 236 14 Passed and adopted on final reading this 1st day_of February, A.D. 1977. ATTE City Clerk First Reading: Second Reading: Dates Published Attest: ity Clerk January 18, 1977 February 1, 1977 January 23, 1977 (Vote: Yeas: 6, Nays: 0) (Vote: Yeas: 6, Nays: 0) and February 6,. 1977 Ordinance Adopted on First Reading Annexing the Suitts Second Annexation Following is the City Manager's memorandum on this item: "At the January 4, 1977, meeting, the City Council adopted the ordinance annexing the Suitts First Annexation on second reading. This First Annexation consists of 68.3 acres. The Second Annexa- tion consists of 71.2 acres. The second reading of the zoning of the Suitts First Annexation is being held up pending the final. acquisition of the right of way,for the trails program along the Poudre River and the purchase of a piece of land for part of the trails in the Poudre River development program. Mr. Suitts, however, has requested that we proceed with the annexation of the second part of his property. Mr. Suitts originally requested I-G, General Industrial District Zoning. He subsequently revised his request to I-P, Planned Industrial District Zoning, for the First Annexation. He would still prefer I-G Zoning for the Second Annexation parcel. The Planning and Zoning Board recommends I,P''Zoning on both pieces of property." Councilman Russell made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 9, 1977 on first reading.'' Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. 237 Ordinance Tabled on First Reading Zoning the Suitts Second Annexation Following is the City Manager's memorandum on this item: "At the December 21, 1976, meeting, the City Council passed Ordinance No. 103, 1976, annexing the Suitts First Annexation. At that time they received a report from the Planning and Zoning Board with regard to the requested and recommended zoning for both the First and Second Annexations. There was no difference between the petitioner's request and the Planning and Zoning Board's recommendation for I-P zoning on the First Annexation. The second reading of this Annexation is being held up pending the land acquisition along the Poudre River. The question of the requested zoning has been advertised for the February 1 Council meeting. The petitioner requested C, Commercial, and I-G, General Industrial Zoning. At the December 10, 1976, meeting, the petitioner revised his request verbally to request I-G zoning with an I-P strip contiguous to Suitts First Annexation. Both the Planning Staff and Planning and Zoning Board recommended for I-P zoning for both areas. The first form of Ordinance No. 10 .presents the zoning -as recommended by the Board. The second form of this Ordinance, designated "A" in the upper right-hand corner, presents the zoning as originally requested by the owner. The zoning ordinance for the First Annexation is to be tabled to the meeting of February 15 and it would appear appropriate to also table this ordinance to the same day." Attorney Tim Hasler stated this tabling was also satisfactory to the petitioner. Councilman Russell made a motion, seconded by Councilwoman Gray to table Ordinance No. 10, 1977 on first reading to February 1S, 1977. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. Ordinance Adopted on First Reading Calling for a General Election Following is the City Manager's memorandum on this item: "The Charter requires the City to hold its general election on the first Tuesday after the first Monday in April of the odd number years. The Charter further provides that the Council must provide by ordinance for the manner of holding said election. ME This Ordinance provides for the April'S, 1977, election. At such election four City Council members nominated by district shall be.elected for 4-year terms. The Ordinance also provides for any special Charter amendments to be voted on." Councilman Russell made a motion, seconded by Councilman Bloom to adopt Ordinance No. 11, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. Ordinance Adopted on First Reading Submitting Charter Amendments Following is the City Manager's memorandum and recommendation on this item: "This Ordinance provides for five proposed Charter amendments as follows: 1. The redefinition of the scope of the Library Board. 2. The deletion of the requirement of the City Manager to come _ before a vote of confidence. 3. The question of executive sessions 4. The clarification of the nomination position. S. Setting of salaries of City Council members. All of these items have been discussed on several occasions with the City Council and have received their consensus approval. The - library issue has been changed to hopefully clarify the situation -- with the Board. - The status of the Council's salaries was again discussed at the January 25 work session. At that time the Council presented three alternatives -- 1) to tie the salary down to the cost of living, 2) to just revise the amount of, salary in the Charter, and 3) to eliminate the salary provisions in the Charter and provide for salary by ordinance. After, considerable discussion with the adminis;ttrative and legal staff, it was decided that the most appropriate way to change this is by setting a fixed amount in the Charter itself. Listed below are salaries per month for the Mayor and Council of a selected number of Council/Manager cities in Colorado: 239 City Mayor Council Greeley $108 $ 65 Boulder - - Lakewood S00 250 Longmont 125 125 Englewood 1S0 100 Arvada 325 225 Aurora 500 400 Loveland SO 40 Sterling 80 SO Broomfield 200 100 Wheatridge 400 125 Westminster 250 17S Littleton 1S0 100 Fort Collins 41.67 33.33 The amount paid our Mayor and Council'is considerably lower than most Colorado Cities. Also, the cost -of -living index has gone up well over 100o since 1954. Most other cities provide this salary on a monthly basis. Therefore, we are revising our monthly rate also. The recommended amount is $100 per month for Council members and $125 per month for the Mayor. In case the Council wants to remove the salary provisions from the Charter and provide for the salaries by ordinance, an alternate Charter Amendment No. 5 is included. We will be happy to discuss this further with you at . the Council meeting. Recommendation: The Administration recommends that the Council adopt Ordinance No. 12, 1977, on first reading. If the Council prefers that the salaries of Council members not be specified in the Charter, but be set by ordinance, Council should amend the Ordinance by deleting referred Charter Amendment No. 5 and substituting the alternate for this Charter Amendment. After this motion is passed, the ordinance should then be passed as amended. Mayor Wilkinson then called for Council discussion on proposed Charter Amendment No. S relating to Council salaries. Councilwoman Gray again spoke in opposition to having a figure in the Charter. City' Manager Brunton read at length the following letter from Sarah L. Bennett, President, Fort Collins Library Board (Proposed. Charter Amendment No. 3): "Last week the members of the Library Board held a work session, at which time they studied the proposed Charter amendment pertaining to the Board. 240 Since the meeting was just a work session, no formal vote was taken, but it was the consensus that the language of the latest version. of the amendment prepared by Lucia Liley is satisfactory and acceptable to the five members of the Library Board." Councilman Bowling made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 12, 1977 on first reading. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell and Wilkinson. Nays: Councilwoman Gray. Resolution Adopted Changing the Name of Kenwood Circle to Kenwood Court Following is the City Manager's memorandum on this item: "This Resolution changing the name of Kenwood Circle to Kenwood Court is a technical, legal revision to the Plat of the Stonehenge Subdivision First Filing. The cul-de-sac in question is legally designated as Kenwood Circle on the official plat. The street name sign actually posted in the subdivision, however, designates the street as Kenwood Court. Most cul-de-sacs in the city of Fort Collins are designated as courts. There is only one family residing on this cul-de-sac, and they are desirous of this change. At the January 10, 1977, meeting, the Planning and Zoning Board recommended unanimously for approval of the name change." Councilman Russell made a motion, seconded by Councilman Bloom to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. RESOLUTION 77-6 OF THE COUNCIL OF THE CITY OF FORT COLLINS CHA.'iGING THE NAME OF KEMWOOD CIRCLE A STREET IN STONEHENGE SUBDIVISION IN THE CITY OF FORT COLLINS TO KENWOOD COURT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF,FORT COLLINS: That the name of that certain street hereto`cre known as Kenwood Circle located in Stonehenge Subdivision, a subdivision in the City of Fort Collins, is hereby changed to Kenwood Court. 241 Passed and adopted at a regular': meetinc of the City Council held this Ist day of February A.D. 1977. t m ATTEST: --zeec.4 . City Clerk Resolution Adopted Amending Organic Contract with Platte River Power Authority Following is the City Manager's memorandum on this item: "Last fall the City Council approved a Resolution with PRPA modifying the appointment to the Board of Directors. The new proposal called for two official members from each City --one, the Mayor, and one other director to be appointed by each City Our City Council said it should be the Mayor and/or the person he may designate. Because the PRPA is at the present time in the market for a considerable amount of financing, they feel it is important that they have clean authorization for the existence of the Board and the official designation of the Board members. Therefore, they are requesting that each City re -adopt the Resolution specifically spelling out that the Mayor and/or his designee will be a voting member." Councilwoman Gray requested the Council pass an additional resolution stating that, the Mayor would make the appointments with the consent of the Council. Councilman Bowling made a motion, seconded by Councilman Bloom to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray„ Reeves, Russell and Wilkinson. Nays: None. PX1% C RESOLUTION 77-7` OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING. AN AGREEMENT TO BE'_ • ENTERED INTO WITH THE 'CITY OF LOVELAND, CITY OF LONGMONT, AND TOWN OF ESTES PARK, COLORADO, AMENDING THE ORGANIC CONTRACT ESTABLISHING PLATTE RIVER POWER AUTHORITY AS A SEPARATE ENTITY WHEREAS, by Organic Contract dated June 17, 1975 (the "Organic Contract") the Municipalities of.Fort Collins, Loveland, Longmont and Estes Park (the "Municipalities") established a separate governmental entity to be known as Platte River Power Authority (the "Authority"), to be used by the Municipalities to effect the development of electric energy resources and the production and transmission of electric. energy to supply the electric power and energy required by the municipal electric distribution systems of the Municipalities;. and WHEREAS, on November 18, 1976, the Municipalities amended said Organic Contract to increase the number of members on the Board of Directors.of the Authority (the "Board") by adding to the Board the Mayors of the respective. —. Municipalities and made the incidental changes necessitated by such increase. but in all other respects left the Organic Contract in full force and effect; and WHEREAS, the Municipalities now desire to authorize.the respective Mayors. if they so desire, to designate some other member of the governing board of that respective Municipality to.serve as a Director of the Authority in place of the Mayor; NOW THEREFORE BE IT RESOLVED by the Council of'.the City. of Fort Collins, Colorado, that the amendment of Organic Contract ester-blish- - ing Platte River Power Authority as a Separate Governmental Entity, in the form presented to this meeting and a copy of which is on file with the city Clerk, be and hereby is approved and adopted by the Council of the City_____ 243 of Fort Collins, Colorado, and the Mayor and City Clerk are here _ by authorized and directed to execute said Amendment of Organic Contract on behalf of the city of Fort Collins and to take such further action, If any; as shall be necessary to effectuate such Amendment. Passed and adopted at a regular meeting of the City 'Council held this 1st day of February, A.D. 1977. ATTEST: . Agreement Approved with Salvation Army a: Following is a portion of the City Manager's memorandum on this item: "At its December 21, 1976, meeting, the City Council referred back to the Larimer Human Resources Board the recommendation for the funding of the Salvation Army. There was some question about possible duplication of services. ...The Larimer Human Resources Board recommended that the agree- ment be modified to show additional participation in the plans at the Salvation Army with the City's Parks and Recreation Depart- ment. Captain Thomas World of the Salvation Army has some concern about this new Agreement but apparently is willing to try and see if it can work in practice." Captain World., stated the Salvation Army agreed with the funding of the Human Resources Board and the working out of that agreement has already started to take place and they see no problem with it at this time. 244 ty Councilwoman Gray made a motion, seconded by Councilwoman Reeves to approve the agreement with the Salvation Army for 1977 and authorize the City Manager and City Clerk to sign the agreement on behalf of the City. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. Resolution Adopted Approving Agreement with Board of County Commissioners of Larimer County ReRardinR Library Facilities Mayor Wilkinson stated this item had been tabled and requested action to remove it from the table for consideration. Councilman Russell made a motion, seconded by Councilwoman Reeves to remove the item from the table. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. Following is the City Manager's memorandum on this item: "At its January 4, 1977, meeting, the City Council reviewed the proposed Resolution and Agreement with Larimer County for library services and operation of the bookmobile. At that time the motion was tabled and referred back to the Library Board for their comments. At a meeting of the Library Board on Tuesday, January 2S, 1977, this Agreement was.discussed. The financial participation of the County has substantially increased; in fact, the contribution to the total library budget has increased from 11.6% to 16%. In a random sample taken July, 1976, of 10% of the patrons of the library, approximately 25% of those using the facilities lived outside the city limits. We feel the County has taken progressive steps to assist with the library services in Larimer County." Councilman Bowling stated he did not feel his original question regarding the cost to operate the bookmobile has been answered. Library Director and City Manager Brunton spoke to the difficulty in determining these costs. Councilman Bloom made a motion, seconded by. ,.Councilwoman Reeves to adopt the resolution.and authorize the.Mayor and City Clerk - to sign the agreement in behalf of the City. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson:,. Nays: None. 245 RESOLUTION 77-8 ' OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH THE BOARD OF COTTNTY COMMISSIONERS OF LARIMER COUNTY WHEREAS, heretofore the City of Fort Collins and the County of Larimer entered into an agreement regarding the operation of the City and County libraries; and WHEREAS, in the opinion of the Council of the City of Fort Collins it is desirable to continue such agreement, and a new agreement has been prepared to continue the same arrangement for the year 1977; and WHEREAS, said.agreement has been approved by the City Attorney and the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreement be, and the same hereby are, accepted and annroved; 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 1st day of February, A.D. 1977. ATTEST: City Clerk 246 City Attorney Authorized to Enter an Appearance on Behalf of the City in the United States Reserved Rights Claims Following is the memorandum from the City Attorney and the memorandum from Ward H. Fischer on this item: The City of Fort Collins has.been one of the parties to litigation involving claim of "reserved" water rights of the United States. Reports have been made to the Council from time to time as this matter.has progressed. Enclosed herewith is a memo from Ward Fischer regarding recent filings of the United States which could have an adverse effect on the rights of the City of Fort Collins. As indicated, Ward will defend against these claims on behalf of the Cache La Poudre Water Users Association and through this the City's interests will'be'protected; however, I agree with Ward's suggestion that the City should file its own statement.of opposition and protect its right to individually participate. Therefore, I recommend that you authorize, me as City Attorney, to enter an appearance on behalf of the City on these claims. The United States of America has filed its application for its so-called "reserved rights" affecting all of its forests, 'parks, monuments, and lands, in Water Division 1. A copy of the application of'the United States is attached. The United States, in its claim, asserts a priority date as of the date of the creation,of the particular reservation; and it claims such rights are superior to rights of appropriators who made their appropriations subsequent to the date of the creation of the reservation. The most dan- gerous of the claims, to water users of this division, are those claimed for the United States forests, and the Rocky Mountain National Park, which are detailed as marked on pages 2 through 4 of the summary. Having been through this before concerning the claims of the United States in Water Division #6 , .I believe I can rather accurately state the govern- ment's position. The claim is for such waters as are•:on.or under; or which flow through, the reservation, as shall be necessary for the many and:varied uses to which the United States would like to put the water. The United States then goes on to claim the "right to the maintenance of such continuous, uninterrupted flows of water, and such adequate stream and lake levels as are sufficient in quantity and quality" to assure fish life and preserve recrea- tional, scenic and aesthetic conditions. 247 1 Recent cases of the United States Supreme Court.have rather clearly established that the United States does have some "reserved" rights. It is really- just as well that we find out what they are, and thus remove the cloud that now threatens the rights of the members of the Association, and others. It is, however, essential that the Association and its members participate vigorously in defense of our own rights, because the United States is claiming far more than the decisions thus far rendered would permit. The main dangers are these: 1. The United States claims.a priority date.as of the date the park or forest was created, without regard to the rights of existing appropriators. 2. The amounts of water claimed by the United States, under these early priorities requested, are not minimal, but are, on the contrary, substantial. 3. The future, and even the present, requirements are exceed- ingly vague. The rights of the United States, as seen by it, are not seemed to be limited to the amount of water used on ` the requested appropriation date, as is the law applied to other water users, but is instead indefinite, and subject to enlarge- ment. The government's needs will be an ever changing thing, and the petition filed by the United States requests that all water required for such classifications, from time to time, be awarded to the United States. In short, the United States seeks a completely open ended right to take such waters as it might need in the future, as well as the waters which it claims now to need. The Cache La Poudre Water Users Association will at once file a protest on behalf of all of its members. I do, however, suggest that each member of the Association consider filing its own statement of opposition so that such member will be kept advised, by such filing, of such amendments as the United States might make to its filing; and to insure that any member who wishes to participate in the proceedings in opposition to the. claims of the United States will be afforded an opportunity to do. so. Statements of opposition must be filed with the Water Court prior to the end of February, 1977. City Attorney March also informed the Council that this is an area not covered by the firm's retainer and there would be an extra charge relating to water matters. Councilman Bowling made a motion, seconded by Councilman Bloom that the City Council authorize the City Attorney to enter an appearance on behalf of the City with regard to the claims of the United States Reserved Rights. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves and Wilkinson. Nays: None. (Councilman Russell out of room.) 248 Closing of Myrtle Street at College Avenue Reconsidered Following.,isthe City Manager's memorandum on this item: "At its November 23, 1976, meeting the City Council received_ a report from the Administration with regard to the parking and traffic situation on College Avenue between Laurel Street and Magnolia. At that time the staff recommended 1) that we not remove the parking on this portion of College Avenue, and 2) that we close the median on College at Myrtle Street. The justi- fication of closing Myrtle Street was to eliminate left -turn movements which are causing some of the congestion at the inter- section. It was also felt that it would be unwise to add another traffic signal at this intersection which would simply add to the already difficult progressive problem we have. Subsequent to this action we received from The First United Presbyterian Church a letter stating that they do not feet they had adequate notification and input into the process. Roy Bingman, Engineering Services Director, and Joe Rice, Traffic Engineer, met with officials of the Church on several occasions. Enclosed is a report from Joe Rice to Roy Bingman on this subject including some traffic counts. It was determined that the major problem is not the left turns but the problem caused by the east -west traffic. In fact, left turns, especially for the northbound traffic, helps to relieve traffic congestion on College Avenue at Mulberry. Therefore, after review, it is the recommendation of the staff that, instead of a complete closure of Myrtle at College, there be a barrier median to allow left turns but not to allow east -west traffic. We are enclosing a sketch of the final design." Councilwoman Reeves made a motion, seconded by Councilwoman Gray that Council rescind its motion of November 23, 1976, for the complete closure of Myrtle Street at College Avenue and in -place authorize the partial closure to allow left turns but no through east -west traffic at this intersection and that the administration report back after six months. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves and Wilkinson., Nays: None. (Councilman Russell out of room.) 249 1 Various Easements Accepted Following is the City Manager's memorandum on this item: 11(1) Easement from Everitt Enterprises, Inc. for installation and continued operation, maintenance, repair, alteration, inspection, and replacement of underground and/or overhead electric transmission and distribution lines in Southmoor Village East, First Filing east of Lemay and south -of Drake for the purpose of installing a duct bank system for service to this area and adjacent areas. Consideration: $1.00 (2) Easement from Everitt Lumber Co., Inc. for installation and continued operation, maintenance, repair, alteration, inspection, and replacement of underground and/or overhead electric transmission and distribution lines in Lot 8, Block 22 (Everitt Lumber Company) for the purpose of setting An electrical transclosure to bring power to the above building. Consideration: $1.00 (3) Easement from Fischer and Company Ltd. et al for the installation and continued operation, maintenance, repair, alteration, inspection, and replacement of underground and/or overhead electric transmission lines in Lots 1-4, Block 111, which is adjacent to the alley behind 151 South College Avenue (LaCay Fabrics), in connection with construc- tion in the Downtown Redevelopment Project. Consideration: $1.00" Councilwoman Gray made a motion, seconded by Councilwoman Reeves to accept the above easements. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. Approval of Amendment to Revenue Sharing Agreement with Virginia Neal Blue Resource Center, Inc., and Approval of New Agreement with Virginia Neal Blue Resource Center, Inc., with Regard to Use of HUD Housine Rehabilitation Funds Folld.wing is the City Manager's memorandum and recommendation on this item: "In our work in the rehabilitation area in Andersonville, Alta Vista, and Buckingham, it has become obvious that there is a need for a bilingual, consumer financial counseling and educational program. There has been some discussion with various parties in regard to such a program. Housing Rehabilitation Director 250 A Jim Woods has received approval from HUD 'to use $10,000 for such a program. In the Revenue Sharing contract for social services with Virginia Neal Blue Resource Center, there was some mention of doing counseling services, which should not have been included in the Agreement. Enclosed is a memorandum from John McGraw, Human Resources Director, explaining the situation. We now need to amend the original Agreement with the Center and authorize the signing of a second Agreement f'or contractual services using HUD Housing Rehabilitation funds. We will discuss this matter further with you at the Council meeting. Recommendation: The Administration recommends that the City Council approve the amendment to the Revenue Sharing contract with the Virginia Neal Blue Resource Center, Inc. The Administra- tion further recommends that the City Council authorize the signing of a second Agreement with the Virginia Neal Blue Resource Center, Inc., to provide consumer financial counseling and educational services using Federal Government HUD Housing Rehabili- tation funds." Councilman Bloom inquired if the City was duplicating services _. between the Housing Authority and this. Human Resources Director, John McGraw responded that this is the same agency that is providing the services for the Housing Authority. Councilman. Bowling made a motion, seconded by Councilwoman Gray to adopt the recommendation of the administration. Yeas: Council -.- members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. Report from City Manager (a) City Manager Brunton announced that the public hearings -on the Community Development Entitlement Funds will be scheduled the afternoon in the Council Chambers and in the evening at the Fort Collins Community Building on February 8, 1977. (b) Appreciation to the Fort Collins Archaeological Society was expressed for their donation of 16 volunteers to do the '.cataloguing at the museum. (c) The Service Center work is now a month ahead of schedule. There is 83% completion at this time. 2S1 (d) A strategy meeting will be held at 9:00 a.m. on February 9, 1977 at -the Library to go over the presentation for the Stream Classification presentation. (e) Personnel.Director, Ann Sachs, has announced her resignation to be effective May 1, 1977. (f) Dennis Sinnett was the low bidder for the work at the auditorium - Ludlow Room. (g) The City has been notified, verbally, that the gas tap for the auditorium portion has been extended to September 1, 1977. (h) A hearing on the Ludlow estate has been scheduled on February 14, 1977. (i) City Manager Brunton announced that Chico Martinez has been terminated. (j) The administration is moving ahead on the Soldier Canyon outlet. (k) There is going to be an open house on February 2, 1977 of the Larimer County Advocates for Handicapped Citizens at 103 West Mountain Avenue. (1) The administration will be advertising for bids on Improve- " ment District No. 71 on February 11; opening bids on March 3 and hope to have the bids ready for Council consideration on March 15, 1977. (m) The joint staff meeting with CSU will be held on February 14, 1977. (n) City Manager Brunton announced the following meetings: (1) Meeting with the Housing Authority Monday evening, February 7, 1977. (2) The Community Development hearings are on February 8, 1977. (3) A joint Fort Collins/Loveland Airport Board meeting ' on Monday, February 28, 1977. (4) The Boards and Commissions Appreciation Dinner will be held on February 24, 1977. 252 Report from City Council` on`Committees (a) Councilman Bloom announced a Colorado Municipal League hearing on Police and Fire Pensions at Greeley on February 2, 1977 at 7:30 p.m. (b) Councilman Bowling announced the COG will meet on February 2, 1977. The Airport Board has an item to be considered. 1. The development of a state wide rail plan will also be discussed; 2. and lastly, the Platte River Power Authority will present its application for its new proposed plant. (c) Councilwoman Gray stated she would have copies of the CML proposed legislation at the next Council meeting. (d) Mayor Wilkinson reported on his meeting with the State Highway Commission. (e) Councilwoman Reeves reported the COG Human Resources Committee has been meeting going over bylaws and goals and objectives and within the next month they would like to come in with a plan for each county. (f) Councilman Russell reported on the PRPA meeting at which contracts had been approved. Citizen Participation (a) Andy Anderson,1421 Skyline Drive, inquired into the "handling of Revenue Sharing Funds in regards to our Golf Course, on the Golf Fund." City Manager Brunton responded to Mr. Anderson's questions. (b) Mayor Wilkinson welcomed Mr. McGuire and his Public Affairs Reporting class from CSU. Appeal Decision of Zoning Board of Appeals for Sien Variance at 1302 South Shields Street, Decision Upheld Following is a portion of the City Manager's, memorandum and recommendation on this item: "On January 13, 1977, the Zoning Board of Appeals denied a variance request to Gary DiGiorgio of the Western Centennial Construction Corporation for an SS square foot internally lit flush wall sign and a four-sided freestanding sign to be installed 253 at 1302 South Shields Street. Recommendation: The City Council:should consider any additional testimony presented at the Council meeting and make determination as to whether to uphold the recommendation of the Zoning Board of Appeals or to reverse it." Mr. Gary DiGiorgio of Western Centennial Construction Corporation and Centennial Foods of Colorado which is the Arthur Treacher's franchise in this area, appeared before the Council and requested the Council overrule the decision of the Zoning Board of Appeals and allow the signs requested, which varied slightly from the original request for a freestanding sign and 'an internally lit flush wall sign. City Attorney March stated the code would allow, for this property, 60 sq. ft. of flush wall sign; the property has a total sign allowance of 130 square feet. Those are the two requirements that are in question here, the flush wall sign has a total square footage of 210 square feet (the sign on the front of the building), the freestanding sign would have a total square footage of 190, and the two little signs which were granted by the Board as additional signs, over the allowance, have a total of.24.3 square feet. Ignoring the 24.3 sq. ft., the original application was for approximately three times over what the sign allowance would be, plus it would have been two signs instead of one. Mr. DiGiorgio stated he had eliminated the freestanding sign and requested the wall sign only. Councilman Bowling made a motion, seconded by Councilwoman Gray that the Council uphold the decision of the Zoning Board of Appeals (appeal No. 695.). Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. Ordinance Adopted As Amended on First Reading Relating to the City Electric Utility and Rates for Services from Such Utilit Following is the City Manager's memorandum on this item: "Early in 1977, the City Council received a copy of the electrical rate report from our Light and Power Department personnel. This report is based on a cost -of -service revenue program and shows a projected 86% increase over a 4-year period ending December 31, 1980. However, the only'item being considered by the Council at this time is the 1977 rate increase of 16.8%. Because this is a cost -of -service based revenue program, the increases vary between the different classes of customers. 254 The Administration presented this proposed rate increase to the City Council at its January 11 meeting. At that time it was suggested that the Council hold a second work session on January 25 to receive public input. It was contemplated that the ordinance on the rate increase should be up for consideration on first reading at the February 1, 1977, meeting. The City Manager suggested that the Council consider any questions .- concerning future electric utility rates including the following: 1. What is the impact of the proposed increase on City customers? 2. What is the impact of the proposed increase on the City budget? 3. Should we continue cost -of -service criteria for rate determinations? 4. Should we consider developing a life -line rate? S. Should we charge the present in lieu of taxes and administra- tive reimbursement policy? What impact would this have on the City? 6. What alternate measures could be taken in the future to reduce costs? A. Operating maintenance costs. B. Capital program policy. C. Use of short or long term debt financing mechanisms Prior to the January 25 work session and public hearing the City Manager sent another memo to the Council with additional supportive material including a comparison of electrical rates of Colorado Springs, Estes Park, Fort Collins, Fort Morgan, Longmont, Loveland, Public Service Company, Home Light and Power, and Poudre Valley REA. Even with our 1977 rate increases, our electric utliity rates are in a competitive position. On January 25 the Administration recommended that the City Council adopt the 1977 electric utility rate plan as presented. During the meeting there was a great deal of concern and interest in revising rate structures to encourage conservation and assist low-income persons. The group, asked for a task force to be created to review the rate procedure. The Council unoffi- cially recommended that this committee be;",formed and considered at the first work session in August. In the meantime, the staff would get together position papers on various electrical rate alternatives. It is important that our task force work on the impact of electric rates on expenditures, the impact of the change in the in lieu of taxes formula on the revenue in the General Fund, and other related revenue problems... 255 At the end of the public hearing on January 25, 197.7, the City Manager announced that.the new proposed rate ordinance would be up for consideration on first reading at the February 1 Council meeting." Edward Sparling, 2409 West Mulberry, requested that Council appoint a committee to investigate alternative rate structures. Mayor Wilkinson stated the Council is doing what Mr. Sparling requested. Councilwoman Reeves stated she would like to move ahead at an early date on this request. City Attorney March stated there was an amendment required in the ordinance on page 12, the word "excluding" in part "J-(1)" should be struck and the word "and" substituted. Councilman Bowling made a motion, seconded by Councilman Russell to amend the ordinance as above and adopt Ordinance No. 13, 1977 on first reading as amended. Yeas: Councilmembers Bloom, Bow -ling, Gray, Reeves, Russell and Wilkinson. Nays: None. Council held extended discussion on a public hearing on rate - structures and City Manager Brunton recommended that staff come back with a recommendation on various alternatives at the February 22, 1977 work session. Ordinance Adopted on First Reading Zoning the Strachan Fourth Annexation .Following is the City Manager's memorandum on this item: "The Strachan Fourth Annexation consists of 7.1 acres located at the northwest corner of East Horsetooth Road and John Smith Street. This 7.1 acres is part of 21.5 acres which is at the present time outside the city limits. The entire tract has been two-thirds surrounded by the city for over three years and is, therefore, eligible for involuntary annexation. At the January 4, 1977, meeting, the City Council annexed the 7.1 acres to the city on second reading. At the time of the first reading of the annexation, the Council requested that the necessary legal steps be taken to involuntarily annex the remaining 14.5 acres. At the January 18, 1977, meeting, the Council passed a resolution setting forth its intent to annex this 14.5 acres known as the Brune Annexation. The hearing on this annexation and consideration of the annexation ordinance on first reading will take place at the March 1 Council meeting. 255--- The memo from Les Kaplan, Planning Director, considers the entire requested rezoning of the 21.5 acres. Both HCI and Mr. Elmer Brune request H-B, Highway Business District Zoning. The memo goes into considerable detail with regard to the zoning problems and growth problems in the city. The staff and Planning and Zoning Board are recommending for approval of the H-B zoning for the Strachan Fourth Annexation and R-M-P, Medium Density Residential District Zoning, for the Brune Annexation. As indicated before, we are only considering the Strachan Fourth Annexation at this time. Although it is proper to consider the report of the Planning and Zoning Board on the entire area in regard to the zoning on this piece of land, care should be exercised by the Council not to prejudge the zoning question for the remaining land designated as the Brune Annexation. The zoning of those lands will be the subject of a hearing at a later date at which time the property owners and other interested persons should have an opportunity to be heard before a decision is reached." Attorney Eugene Mitchell spoke in favor of the ordinance. Mr. Steve Robinson representing the "Evergreen Park People" requested that Council "take into consideration some of the other. long range ramifications of your considerations in these zonings, and long range marketing economical situations; there are other quadrants of the city, real estate wise, highway business zoned that would in essence provide the services and facilities that are in need --these quadrants, east, west, north, besides just the southern part of Fort Collins." Planning Director Les Kaplan summarized the history behind this petition. Attorney Russell Pugh, representing the Brune brothers, stated his comments would only be if Council were considering the zoning for the Brune Annexation. City Attorney March referred to the City Manager's memorandum in which City Manager Brunton had stated that ---"care should be exercised by the Council not to prejudge the zoning question for the remaining land designated as the Brune Annexation." Councilman Bloom made a motion, seconded by Councilman Bowling to adopt Ordinance No. 14, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Reeves, Russell and;;Wilkinson. Nays: Councilwoman Gray. Councilwoman Reeves made a motion, seconded by Councilwoman Gray that the Planning Staff come back with a report on,the eastern half of the Strachan First Annexation with zoning alternatives and that the entire H-B zoning in the area be studied. Yeas: Councilmembers Gray and Reeves. Nays: Councilmembers Bloom, Bowling, Russell and Wilkinson. 2S7 Mayor Wilkinson declared the motion lost. Ordinance Adopted on First Reading Rezoning Matador Apartments Following is a portion of the City Manager's memorandum and recommendation on this item: "The Matador Apartments -Elizabeth street Rezoning consists of 4.2 acres located on the south side of West Elizabeth Street east of South Bryan Avenue. The requested rezoning is from R-P, Planned Residential District, and B-L, Limited Business District, to B-L, Limited Business District, to B-P, Planned Business District. ...The Planning Staff is recommending denial. At the January 10, 1977, meeting the Planning and Zoning Board recommended unanimously that this site be zoned.from R-P and B-L to B-P. Recommendation: The City Council should weigh the arguments from the Planning Staff and Planning and Zoning Board on this proposed rezoning. If the Council concurs with the recommendation to deny the rezoning, the ordinance should not be considered on first reading. However, if the Council supports the recommendation of the Planning and Zoning Board, the Ordinance should be adopted:. on first reading." '. Petitioner, William D. Bartran, spoke in favor of the rezoning request and addressed the plans for the area. Councilwoman Gray made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 1S, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves and Wilkinson. Nays: Council- man Russell. Mayor Willkinson then declared a five minute break. Edora Acres P.U.D. Phase I Final Plans and Edora Acres Second Filing Subdivision Plat Approved Following is the City Manager's memorandum on this item: "The Edora Acres PUD, Phase I, consists of 60 unit multi -family residential development of three acres zoned R-M located south- west of East Prospect Street at Riverside Avenue adjacent to Edora Park on the north side of Spring Creek. 2S8 The Planning and Zoning Board voted unanimously for approval subject to several revisions of the s'ite landscape plan including relocation of several buildings. All of these revisions have been made." Councilwoman Reeves made a motion, seconded by Councilman Bloom to approve the Edora Acres P.U.D., Phase I Final Plans and Edora Acres Second Filing Subdivision Plat conditioned on a landscape bond being posted. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. Zoning Alternatives for Vance Annexation Referred to City Attorney for Ordinance Preparation Councilman Bloom made the following statement for the record: "I have a letter from Mr. Harden concerning my interest as a resident of Parkwood, or any resident of Parkwood including myself, are members of the Parkwood Homeowner's Association without any choice. I have no personal interest nor involvement in Parkwood Homeowner's Association except to pay the annual dues. If I had a choice, I wouldn't tell you what I would do, but if any Council member or the City Attorney feel that there is =- any potential conflict of interest, I'll be willing to withdraw from any discussion or deliberation on this issue.". Mayor Wilkinson inquired if there were any objections to Councilman Bloom's continuing to hear this issue and vote on it. Prior to receiving a response on this question, Attorney Ralph Harden explained the basis of his having requested that Mr. Bloom -- excuse himself from participation in this matter; "it is based primarily on the fact that the Parkwood Property Owners Association has been one of the most strident advocates in this matter and has appeared at all of the important hearings with their attorneys in proposing an alternative to zoning which is not at all acceptable to my client. I did not have any thought in mind that Mr. Bloom had any innate prejudices or anything of that nature, but this is what I would say the most articulate and persistent opponent to my client's desire in connection with the zoning as he is a member of the association, whether by choice or not, and so for the City Attorney's behalf, I will explain my reasons for the request." Mayor" Wilkinson then stated no challenge had been made by any member of the Council or by the City,;Attorney, therefore, Councilman Bloom would continue to sit in judgement in this case. 2S9 1 1 Mr. Harden then stated he represented Mr. and Mrs. Ed Vance who are the principal owners of the 75 acre tract which is involved in this zoning matter. Planning Director, Les Kaplan, then presented the zoning alternatives which are included herewith and made a part hereof: "General Zoning Plan Alternatives The Planning Department has developed three (3) alternative zoning patterns for the area, differing primarily in the degree of maximum allowable residential density., Each alternative includes only zones which require the P.U.D.'approach to development and, therefore, assure City review and opportunity for public input. Additionally, each alternative excludes zones which specifically designate commercial activity under the permitted uses. Within each alternative, the east half of the tract is designated RLP, Single -Family Planned residential. A summary of the approximate zone acreages, maximum residential densities and "trend densities" for each alternative is attached. Alternative One directly represents the zoning preferences as expressed by representatives of the above -mentioned homeowner's associations -- no RMP zoning, not more than 20 percent of tract for RP zoning and the remainder RL or RLP zoning. Alternative Two is similar in pattern to Alternative One and includes approximately twelve additional RP zoned acres. This - alternative is proposed because of the large disparity between the expressed preferences of the surrounding neighborhood residents and the zoning recommendation made to City Council (June 1, 1976) by the Planning and Zoning Board. Alternative Two is a possible compromise between these two stated positions on the issue of zoning. Alternative Three is essentially the initial recommendation by the Planning and Zoning Board, with important modifications in the acreages of each zone. Specifically, the modification main- tains the recommended zoning configurations but significantly reduces the maximum permitted density through a 42 percent increase in the RLP area and decreasing the RMP area 41 percent and the RP area 22 percent. In the opinion of the Planning staff this modification remains consistent with the intent of the Planning and Zoning Board recommendation while, at the same time, should help allay neighboring resident concerns about possibly excessive residential density within the tract. The reasoning behind the Board's recommended zoning pattern is essentially as follows: 260 1. The City should provide alternatives to the predominant single-family development in this section of the community. Both the RMP and the RP zones provide opportunity for multi- family development and assure City site plan review and opportunity for public input. Both the economic cost of single-family home living and the apparent homogeneity of housing in this area serve to help justify a position that higher denisty multi -family housing alternatives are appropri- ate for part of this tract. 2. The RMP zone is appropriate for the northwest corner of the tract, in that, a. it would be at the intersection of two (2) arterial streets, where single-family might not be suitable, b. it would be across the street from 17 acres of BP -Planned Business zoning and would help provide a buffer transition to single-family neighborhoods to the east and, C. it would be more appropriate than a single-family zone for the area immediately abutting the proposed new fire station at this northwest corner. 3. The RP zone south and east within the tract would again allow -- for multi -family housing, but could develop in part with single- family homes. This zone would be a logical extension of the RP zone across Lemay Avenue and harmonize well with the RMP zone to the north and the proposed RLP zone to the east." Attorney Harden stated that proposed Alternative Three is the only compromise acceptable to his clients and reminded Council that the Vance annexation is a forced annexation and not of his client's choosing. Attorney Garth Rogers representing the Parkwood Homeowner's Association, stated they preferred Alternative One. Mr. Jack Goodrich, representing the First Christian Church, spoke to the church's position adding that Alternative Three seemed to be the most logical, as the church would propose to develop the northern third of the area. Council then had lengthy discussion,on the three alternatives proposed for the zoning question. Councilman Bowling made a motion, seconded?.by Councilwoman Reeves to refer to the City Attorney for ordinance preparation the zoning of this area to be RP, Planned Residential in the west one-half of the annexation and the balance to be R-L-P Low Density Planned Residential. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. 261 Other Business (a) Mayor Wilkinson requested a report from the administration on the Emergency Medical Services response. City Manager Brunton stated this item would be on the February 8, 1977 work session. (b) Councilwoman Reeves made a motion, seconded by Councilwoman Gray that Council consider only in terms of zoning alternatives the Strachan First Annexation when looking at the Brune Annexation. Yeas: Councilmembers Gray, Reeves and Russell. Nays: Councilmembers Bloom, Bowling and Wilkinson. Mayor Wilkinson declared the motion lost. (c) Councilman Bowling made a motion, seconded by Councilwoman Gray to adjourn to an executive session to discuss land acquisition. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. Adiournment Mayor Wilkinson declared the meeting adjourned to 1:00 p.m. on February 8, 1977 to discuss the construction manager for city hall and make appointments to Boards and Commissions.- 2 70jjr/ Ma or ATTEST: City. ler 262