HomeMy WebLinkAboutMINUTES-02/08/1973-RegularFebruary 8,_1973
February 8, 1973
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting
A regular meeting of the Council. of the City of Fort Collins, Colorado was held
on Thursday, February 8. 1973 at 1:30 P.M. in the Council Chambers of s,-c City
Hall_ Mayor Carson called the meeting to order; there were present Councilmen
Lopez, Preble, Peterson, Fead and Mayor Carson. Absent: None.
Staff members present: Brunton, DiTullio, Liquin, Rey::clds, Cain, March and
Lewis.
Minutes of Previous Meeting App svcu
Councilman Lopez made a motion, seconded by Councilman Preble to approve as
published the minutes of the regular meeting of February 1, 1.973. Yeas:
Councilmen Carson, Lopez, Preble, Peterson and Fead. Nays: None.
Boundaries and hearing date set for a package carry -out Beer License
for the Country Store 830 South College Avenue
City Attorney March submitted a letter received by him, from the firm of Strahle
and Weinland, representing the applicant, stating their schedule permitted the
setting of the hearing on any Thursday afternoon which Council desired to set.
Also, the City Council has previously determined and established that the
immediate neighborhood most likely to be effected in connection. with the fer-
mented malt beverage license is an area 2,000 feet in each direction from the
address of the applicant squared to the nearest street and to include both
sides of the streets which are indicated as the bound -cries.
Councilman Peterson made a motion, seconded by Councilman Fead to set the
boundaries in an area 2,000 feet in each direction and to schedule the
hearing date for March 8, 1973. Yeas: Councilmen Carson, Lopez, Preble
Peterson and Fead. Nays: None.
Hearing date Scheduled for a Hotel -Restaurant Liquor License for
Gene's Tavern, 200 Walnut Street
Councilman Fead made a motion, seconded by Councilman Peterson to set the
hearing date for April 3, 1973, with the preliminary date three weeks earlier.
Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nays: None.
Request to rent or lease city owned property referred to administration
City Manager Robert Brunton referred to a memorandum set with the Council
Agenda setting forth a request from Mr. Tony Lucero of 1221 Cherry Street to
use the old City dump located at Wi.ilow Street east of College for a flea
market. His specific request was whether Council desired to act on this
request or to drop the issue.
Councilman Lopez spoke to the question stressing that the a-iea in question
would need improvement by either the applicant or the City to make it usable.
61
Eebruary_8.,_19.7.3
Further, he would like to see the staff look into the costs. City Manager
Brunton stated they would like to report on these and costs of all public
property.
Councilman Lopez also stated there should be a standard for use of public
property, indicating that we were presently allowing the use of the City
owned property for concession stands at City Park.
City Manager Brunton stated the City receives many requests from various
social agencies for use of City owned property and the City must soon
address itself to the legal, financial and moral issues on uses of these
properties.
Councilman Fead made a motion, seconded by Councibman Preble to have the
administration make a study of the entire matter and report back. Yeas:
Councilmen. Carson, Lopez, Preble, Peterson and Fead. Nays: None.
Approval granted on request from Fort Collins
Landmark Preservation Commission for designation of a Landmark
Mrs. Thomas Bennett, Chairman of the Landmark Preservation Commission, read
from a prepared statement on the requested designation of a lanctimark of the
structure known as the Nelson Milkhouse, the history of the previous owners,
and of the desire of the present owners, Everitt Enterprises, to finance
the restoration of the area into a farm museum, in whatever form the
Historic Landmarks Commission wishes it to take.
The Landmark Preservation Commission has submitted a resolution recommending
to the City Council the designation of this property as a landmark.
Councilman Peterson made a motion, seconded by Councilman Preble to accept
the resolution of the Land Mark Preservation Commission. Yeas: Councilmen
Carson, Lopez, Preble, Peterson and Fead. Nays: None.
Plat of Riverside Subdivision Third Filing Approved
Conditionally
Director of Planning Donald Reynolds, stated the developer of the property
also owners of the property on the North side of Riverside Avenue; that the
present right-of-way is 30 feet; the "Plan for Progress" calls for a 100
foot right-of-way. Mr. Reynolds stated the long narrow strip made it
difficult to develop in the Unit Development Plan.
The developer therefore had requested that the additional 20 feet be taken
off the north side of the street. The administration had recommended wai.ting
until the City received a dedication or quit -claim deed to the additional
20 foot right-of-way on the north side. The dedication has not been received
and Council had voted to table the request until the dedication was given.
However, at the suggestion of the City Attorney the matter was removed from
the table, reconsidered and approved conditionally; the 20 foot right-of-way
to be dedicated on the north side of the street on the plat of the Riverside
r, 2
8. 1973
Subdivision Fifth Filing considered later in the meeting.
Councilman Lopez made a motion, seconded by Councilman Fead to approve the
plat conditionally on the inclusion of the 20 foot right-of-way on the plat
of the Riverside Subdivison Fifth Filing. Yeas: Councilmen Carson, Lopez,
Peterson and Fead. Nays: None.
Plat of Spring Creek Village Second Filing
Approved Conditionally
Director of Planning Donald Reynolds stated the area was zoned RP, Planned
Residential, and that the proposed density was 11.6 units per acre. He also
stated no opposition at the time of —ring, June, 1971, at the preapplication
discussion on December, 1971 or at the final hearing by the Planning and Zoning
Board in November, 1972.
At the request of Councilman Lopez the Director of Planning described the
traffic circulation pattern as going from Stuart Street east to Lemay and
from Welch Street onto Prospect.
Mr. Mike McQuiddy, 1400 lVelch Street read from a prepared statement and petition
from the Concerned Citizens for Riffenburgh School. Mr. McQuiddy stated the
petition contained 390 signatures. The main points in their request were a
is eeing of density, concern for over- crowding of Riffenburgh Schou , die
possioiiity of bussing, and traffic safety problems for small. children.
Other items of discussion included the flood possibilities of the dam, which
forms a retention pond, and objections voiced over lack of pedestrian crossovers
and footpaths to Spring Creek which (In not connect with any existing system.
Councilman Lopez spoke to the question of conditional approval of the plat if
the developer and the area residents could work out a compromise.
Mr. Kenneth Anderson requested clarification of specific areas of compromise
and the areas specified were as follows:
1. One way streets for egress and ingress.
2. Stop signs at exits.
3. Wider sidewalk on east side of Welch.
�. Minor realignment of intersection.
Councilman read made a motion, seconded by C:,uncilman Lopez to approve the
plat conditionally, to include the items above. Yeas: Councilmen Carson,
Lopez, Peterson and Fead. Nays: None.
Plat of Riverside Subdivision Fifth Filing
Approved Cond4.tionally
As previously noted on the conditional approval of the Riverside Subdivision
Third Filing, the granting of this approval was contingent.upon.the dedication
of a 20 foot right-of-way for a street being incorporated into the plat of the
r.iversi.de Subdivision Fifth filing.
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February 8.,_19.7.3
Councilman Peterson made a motion, seconded by Councilman Lopez to approve
the Plat of the Riverside Subdivision Fifth Filing with the addition of a 20
foot right-of-way southeast and northwest on the north side oflRiverside
Avenue. Yeas: Councilmen Carson, Lopez, Peterson and Fead. Nays: None.
Ordinance No. 8, 1973 - Creating I-P, Industrial
Park District Tabled for two weeks.
Mr. Lyle Carpenter, petitioner for a former aruiexation read from a prepared
statement in which he stated he felt some provisions of the Ordinance served
no useful purpose. The items indicated were the requirements for landscaping,
size of industrial buildings, ten foot height limit, off street parking require-
ments and underground sprinkling.
Director of Planning Reynolds indicated the Planning Staff had met with Mr.
Carpenter in the review of the draft of the Ordinance and the only item that
appeared objectionable at that time was the height limitation.
Councilman Fead inquired into the source of standards incorporated with the
ordinance.
City Manager Brunton spoke to the question of reasonable rules for zoning and
the possibility of the PUD's having, too much detail and not providing lee
way for imagination, and suggested that the second reading be tabled for two
weeks.
Councilman Fead made a motion, seconded by Councilman Lopez, to table the
second reading for two weeks to provide time for review and additional input.
Yeas: Councilmen Carson, Lopez, Peterson and Fead. Nays: None.
Ordinance adopted approving agreement with State Board
of Agriculture - Electric Service to Colorado
State University
City Manager Brunton stated he had received an additional memorandum from Stan
Case, Director of Utilities, relative to the USBR Electric Power Rate Increase,
and that he had been in contact with Mr. Donald Rohdy of the University and
they hoped to work the matter out in the next 9 to 10 months.
Mayor Carson inquired if there had been any changes as yet, and was advised by
Mr. Brunton that there had not.
Councilman Lopez made a motion, seconded by Councilman Fead, to adopt on second
reading Ordinance No. 10, 1973, approving an agreement with the State Board
of Agriculture for furnishing of Electrical service to Colorado State University.
Yeas: Councilmen Carson, Lopez, Peterson and Fead. Nays: None.
ORDIDUACE NO. 10, 1973,
BEING A14 ORDII NCE APPROVING Al'; AGP1:LIJENT WIT11 17IE STATE
BOARD OF AGRICULTUtE FOR THE FURNISHING OF ELECTRICAL
SERVICE TO COLORADO STATE Ur1IVI RSITY
11,11ERI:AS, the City has, in the past, served Colorado State University
with electrical service; mid
G'*
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PH REAS, the former agreement between the City and the State Board
of Agriculture has been cancelled and is no longer in effect; and
igT;P.FiiS, an agreement has been negotiated :Eor the service of elec-
trical service to Colorado State University, a copy of which agreement
is attached hereto and by this reference made a part hereof; and
P&IEREAS, the City Council has reviewed said agreement and desires
to approve the same and authorize its execution.
COLLINS:
;vOPl, 'liiElT WE, BE IT OP.DAINID BY 'ME COUNCIL OF -ME CITY OF FORT
Section 1. Me attached agreement between the City of Fort Collins
and the State Board of Agriculture, providing for the furnishing of electrical
service by the City to Colorado State University, is hereby approved.
Section 2. Tie iayor and City Clerk are hereby authorized and
directed to execute said agreement for and on behalf of the City of Fort
Collisns.
Introduced, considered favorably on first reading, and ordered
published this 18th day of January, A.D. 1973, and to be presented for
final passage on the 8th day of February, A.D. 1973.
O
ATTEST:
-ru2�
City _::r
Passed and adopted on final reading this 8th day of February,
A.D. 1973.
vayor
ATTEST:
City Clerk -
Presented:
January
18,
1973
PIGie:
Yeas: 3 Nays: 01
Final reading
February
8,
1973
(Vote:
Yeas: 4 Nays: 0)
Published:
January
23,
1973
and February
13, 1973
G5
c
Attest:
City Clerk
Ordinance adopted on First Reading designating
the Nelson Mi.lkhouse as an Historic
Landmark
February 8, 1973
Councilman Lopez made a motion, seconded by Counc..i.-man lead, to adopt the Ordinance
No. 19, 1973, on first reading Yeas: Councilmen Carson, Lopez, Peterson and
Fead. Nays: None.
Resolution adopted, accepting Improvements, Engineer's
Report and giving notice of assessments on Street
Improvement District No. 65
Councilman Fead made a motion, seconded by Councilman Peterson, to adopt the
Resolution. Yeas: Councilmen Carson, Peterson and Fead. Nays: None.
RESOLUTION 73-8
OF ME COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING
THE- L' u'ROIT-i NTS IN STREET I1,1 ROVDIENP DISTRICT N0.65
ADOPTING 77-D REPORT OF THE- CITY ENGINEER RESPECTING
T: fE COST OF THE r 1PROVDIENi'S IN SAID DISTRICT AND THE
SCHEDULE OF ASSESS:vIUM AND ORDERING NOTICE TO Bii 'rB-
LISHED BY THE CITY CLERK OF 171E ASSESTfLNTS TO BE MADE
IN SAID DISTRICT, ALL IN ACCORDANCE WITH THE- ORDIt°iiUNC ES
OF nE, CITY
M UZ,AS, the City Engineer has reported to the City Council that
the improvements in Street Inmrovement District No. 65 have been completed
and has recommended that the same be accepted, and
MIE2EAS, the City Engineer has prepared a statement showing the
whole cost of the improvements in said District and has further prepared
an assessment roll, and
WHEREAS, the City Council has reviewed such reports and desires
to accent the same and advertise and give notice of assessment in accordan=
with the Ordinances of the City.
Id0iv, TIE12EFORE, BE Ii RFSOLVID BY THE COUNCIL OF ITIE CITY OF
FORT COLLINS, that the report of the City Engineer regarding the completioli
of the improvements in Street improvement District Pb. G5, be and the same
hereby is accepted and the improvements in said district are hereby accepted
by the City Council, and
66
-- — — ._. — --- -- ------ -- -- -- -—February_8_,_1973_
BE IT FURTIflM REWLVED that the report of the City Engineer rem; d-
ing the whole Cost of tite r':provements and the assessment roll be and :he
same hereby are accepted and the City Clerk is directed to notify the owners
of property to be assessed and all persons interested generally that such
improvements have been completed and-cceptod. Such notice shall be made
as required by the ordinances of the City.
Passed and adopted at a regular meeting of the City Council held
this 8th day of February, A.D. 1973.
ATTEST:
1_e111ti72n
rty Clork
C4'�'_ _4 _Iar)�L_
yor
Report on Comprehensive Health Maintenance and
Life Insurance Program Accepted
City Manager Brunton stated he had investigated the possibility of including
part-time employees under the new major medical and life insurance program,
as requested by Council on February 1, 1973. His recommendation to Council was
submitted with the Agenda and with the exception of those so called "grandfather"
provisions, only those under the system now would be included until they
terminate their service with the City and that their successors not be covered.
Councilman Fead made a motion to accept the report of the City Manager on this
matter, seconded by Councilman Peterson Yeas: Councilmen Carson, Peterson
and Fead. Nays: None.
Plant Investment Fee Report
Mr. 01,en Moore, member of the Water Board, made opening remarks prior to his
slide presentation of the above report, stating the Water Board was Advisory to
the Council, that the firm of Black and Veatch had been retained to make the
study; the prune importance being to evaluate the effects of growth.
Statistical presentation: (Complete charts it Central Files). Chart 1, City
Police for growth in Water and Sewer Utilities; Chart 2, PIF Study; Chart 3,
Water Utility, (Policies of Raw Rater Reserve - 1.) Serve 7,000 additional
customers, 2.) Maintain a 1.86 Ratio of supply to deman ); Chart 4, Raw Water
Reserve Policies (Alternates Yl $ Alternate H2); Chart 5, Average cost of con-
necting a water utility customer to the system, 196S - 1976. Chart 6, Average
Contributions by Growth Customers, 196S 1976; Chart 7, Swmmary - Growth
Costs and Contribution for pa,iod 196S 1976; Chart 8, Possible New Average
PIF Levels.
617
February 8, 1973
Mayor Carson stated he had felt, for some time, that thc'City had not been
charging adequate Plant Investment Fees. IL was also stated there was a question
of whether the City wanted to maintain the 1.66 ratio, or establish a sliding scale
figure with a minimum or maximum ratio. Mr. Carl Houck stated the suggestion
was a reasonable ratio, furthur, they needed guidance on the alternates.
Upon inquiry from the City Attorney relative to the need for a ratio, City
Manager Brunton stated it provided a safety factor noting the closeness of
water restrictions in the summer of 172, and suggested a ratio of probably no' -
less than 1.4. Another area mentioned by the Manager that needed review was
the policy on oversizing.
City Attorney March next reviewed the procedures regarding the sale of utility
taps until such time as a full study is made. The main concern was to prevent
a .un on:the market for purchase of new taps and the need on the part of the City
to base their planning on the number of permits.
Councilman Fead inquired if any refunding would be made on the amount of taps.
Councilman Fead made a motion, seconded by Councilman Peterson, to receive the
report that was presented, to instruct the Administration and Consultants to
prepare policy considerations for raw water reserves and encourage the Administration
to meet with and inform developers of proposed changes. Yeas: Councilmen Carson,
Peterson and Fead. Nays: .None.
Resolution adopted Establishing Procedures regarding
the Sale of Utility Taps
Councilman Fead made a motion, seconded by Councilman Peterson, to adopt the
resolution. Yeas: Councilmen Carson, Peterson and Fead. Nays: None.
RESOLUTION 73-9
OF TI4E COUNCIL OF THE CITY OF FORT COLLIIS, ES'CA6LISFIING
PROCEDURES REG\RDI G THE SALE OF UTILITY TAPS
I'5HEREAS, the City operates various utilities for the belW fit of the resident
of this community which also benefit the residents of the area surrounding the
city; and
MIEREAS, in the past, the City has permitted the purchase of ut-'lity raus
without requirement as to use of the same or payment of minimum rates; and
It7{EREAS, the granting of a utility tap commits the City to sere'a such tap
and requires that the City utility maintain the necessary capacity to provide
such service; and
1'.HEREAS, the rates as established for utility service certain minimum
C
charges which are imposed, regardless of the extent of use of the utility which
• o.. sra u�:o 1Jil VJIUCU LU defray the cost Ot the ability to serve, which �.
does not necessarily relate to actual use; and
�D
GS
KHEREAS, in the past, utility taps have been applied for in order to avoid
anticipated increases in charges made in connection with such taps which are
designed to require that now gr9 th pays an equitable share of the cost of utility
enlargement and other increased services required because of such growth; and
WHEREAS, the City Council desires to establish a policy in connection •cith
the granting of utility taps which will correct the abuses which have existed
in the past.
NOIi, THEREFORE, 8E IT RESOLVED BY TYE COUNCIL OF THE CITY C? FORT COLLINS:
That effective immediately, the following policy shall apply to the granting
of taps in the city utility systems:
a. The minimum charge established in the rate stzlucture for the
n
utility shall be imposed from the date of granting of any tan regardless
of the time of connection to the utility by the customer.
b. Any tap which is not placed in service within 9C days from the
date of granting the same shall be cancelled, and all amounts paid for
the purchase of such tap shall be refunded by the City to the customer
who paid for the tap. For the purpose of this provision, a tap shall be
considered as placed in service as of the date construction is commenced
on the improvements to be served by such tap, if.such construction is
thereafter diligently pursued or as of the date actual•service through the
tap is received by the customer, whichever date first occurs.
C. In the event a tap is cancelled pursuant to the provisions of "b"
above, a new tap for such location shall be granted only upon payment of all
charges made in connection with the same as such charges are established
at the time of such new application.
d. This resolution is intended only to interpret and implement the
provisions of the ordinances of the City now in affect and does not repre-
sent a change in the legislative action of the Ci.ry in establishing rates
and charges in connection with the city utilities.
89
Passed and adopted at a regular meeting of the City Council held this Pth
day of February, A.D. 1973.
i. ayor
ATTEST:
i
Cis;• Clerk ''
Recommendation from Plamling and Zoning Board on Status
of Central Fort Collins Enressway
City Manager Brunton stated the Planning and Zoning Board had met on Monday,
February S, 1973, and submitted a report and recommendation, in which they requested
the Council to ask the Administration to evaluate all. available data and report
to the Planning and Zoning Board and Council within a period of fifteen to thirty
days.
Mr. James Bally submitted to the Administration the comments of residents to aid
in the evaluation.
City Manager Brinkon stated if the Administration were so directed to make a review,
there would be no time for engineering studies, traffic counts or environmental'
studies. The review would only encompass three items, (1) the need for an
expressway, (2) the pros and cons of various alternates and (3) comments by
citizens.
Councilman Peterson inquired if comments had been obtained from the ANIA and
Chamber of Commerce.
Other area residents spoke to the question of the three proposed alternates.
City Manager Brunton stated he would be advising Mr. Capron of the Highway Depart-
ment of the study.
Reorganization of Certain Departments - Approved
City Manager Brunton summarized the three recommended changes; Community Develop-
ment, General Administrative Services and Office of the City Clerk, and the justi-
fication and rational for the changes, and requested approval of the changes, adding
he would like to implement them as soon as possible.
City Attorney March stated there were provisions in the Charter that allowed this
and he felt Council could accept the report and authorize the Administration
to put these into effect. Further, after the election in April, the Council,
by ordinance could finalize these changes.
Councilman Fead made a motion, seconded by Councilman Peterson, to receive the
report and instruct the City Vinager to proceed with the changes. Yeas: Councilmen
Carson, Peterson, and Fead. Nayes: None.
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--- -- --—Februar-y_8;,_19:73 — -- ---- ---- — --
City Manager Brunton also requested approval of the salary for the Director of
Community Development, Roy Binpiian, to be set at $,5,000 per year, to be reviewed
in six months.
Councilman Peterson made a motion, seconded by Councilman Fead, to set the salary
as requested. Yeas: Councilmen Carson, Peterson and Fead. Nays: None.
Resignation accepted from Charles M. Burchfield of
the Historic Landmark Commission
Mayor Carson read from a letter submitted by Charles M. Burchfield in which he
submitted his resignation from the llistori.c Landmark Commission, due to his
recent move outside the City limits.
Mr. Burchfield indicated his willingness to assist the Commission in any way
th:y mib;,;: request.
Mayor Carson stated, if there were no objections, the Council. would accept the
resignation with regret and requested a letter or appreciation be sent Mr.
Burchfield. ADJUJRNMENT
Councilman Peterson made a motion; seconded by Councilman Fead, that the Council
adjourn.i Yeas: Councilmen Carson, Peterson and Fead. Nays: None.
.1•
KI-FEST :
7
City Clerk