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HomeMy WebLinkAboutMINUTES-01/07/1975-Regular1 January 7, 1975 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 teas, held on Tuesday, January 7, 1975 at 5:30 P.M. in the Council Chamber in the City of Fort Collins City hall. Mayor Fead called the meeting to order. Present: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Staff members present: Brunton, DiTulllo, Bingman, Deibel, Kaplan, Cain, UT and Lewis. 00 '— Also: City Attorney March. CW1 Minutes of Adjourned Meeting of December 12, 1974 W and Regular Meeting of December 19, 1974 Approved Councilman Russell made a motion, seconded by Councilwoman Gray, that the minutes of the adjourned meeting of December 12, 1974 and regular meeting of December 19, 1974 be approved as published. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ' Ordinance adopted on second reading conceining Salaries of the City Attorney and the City Manager Councilwoman Gray made a motion, seconded by Councilwoman Reeves, that Ordinance No. 62, 1974 be adopted on second reading. Yeas: Council members Prowling, Fead, Gray, Preble, Reeves, Russell and 'Wilkinson. Nays: None. ORDINANCE NO. 62 1974 BEING AN ORDINANCE AMENDING ARTICLE VIII OF CILAPTLR 2 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO SALARIES OF THE CITY MANAGER AND THE CITY ATTORNEY _ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 2-22 of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting thercfrom the words and figures "Twenty Six Thousand Four hundred Dollars (526,400.00)" and by substituting therefor the words and figures "Twenty Nine Thousand Forty Dollars ($29,040.00)". ' Section 2. That Section 2-23 of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting therefrom the words and figures "Twelve Thousand Dollars ($12,000.00)" and by substituting the -re - for the words and figures "Fifteen Thousand Dollars ($15,000.00)". 1 2 Introduced, considered favorably on first reading, and ordered published this 12th day of December, A.D. 1974, and to be presented for final passage on the 7th day of January, A.D. 1975. ATTEST: City •Clerk Passed and adopted on final reading this 7th day of January, A.D. 1975. Mayor ATTEST: City Clerk First reading: December 12, 1974 (Vote: Yeas: 7, Nays: 0) Second reading: January 7, 1975 (Vote: Yeas: 7, Nays: 0) Dates Published: December 17, 1974 and January 12, 197S. Attest: CityClerk -Ordinance adopted on second reading Vacating an Allcv by LaPorte School Councilwoman Gray made a motion, seconded by Councilwoman Preble, to adopt Ordinance No. 63, 197S on second reading. Yeas: Council. members Bowling, Dead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO. 63 , 1974 BEING AN ORDINANCE VACATING A PORTION OF TIiL ALLEY IN BLOCK 282 IN THE CITY OP FORT COI,LINS I 1 1 FA WHEREAS, request has been made by Poudre R-I School District that the City vacate a portion of the alley in Block 282 in the City of Fort Collins, the portion to be vacated adjoining property owned by. said school district; and WHEREAS, the school district has dedicated to the City a right of way in a different portion of said block for an alley which will serve the same purpose as the alley to be vacated; and WHEREAS, satisfactory arrangements have been made by the school district for the relocation of utilities and utility lines located in the 4) old alley and it appears,that because of the dedication of a new alley and 'xi such relocation of utilities and utility lines, the rights of the citizens rl of the City of Fort Collins will in no way be prejudiced by the vacation of the alley. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the following described portion of the alley in Block 282 in the City of Fort Collins, more particularly described as follows: 1 1 A 20-foot wide alley situate in Block 282 of +he West Side Addition to the City of Fort Collins, Colorado, which begins at a point on the West line of said Block 282 which bears North 190.00 feet from the Southwest corner of said Block 282, and run thence North 20.00 feet; thence East 180.00 feet; thence North 55.00 feet; thence East 20.00 feet; thence South 55.00 feet; thence East 180.00 feet to a point on the East line of said Block 282; thence South 20.00 feet; thence West 380.00 feet to the point of beginning; be, and the same hereby is, abolished, vacated and abated. Introduced, considered favorably on first reading, and ordered published this 19th day of December, A.D. 1974, and to be presented for final passage on the 7th day of January, A.D. 1975. ATTEST: Mayo " � City Clerk Passed and adopted on final reading this 7th day of January, A.D. 1975. ATTEST: Mayor i City Clerk 3 First reading: December 19, 1974 (Vote: Yeas: 7, Nays: 0) Second reading: January 7, 1975 (Vote: Yeas: 7, Nays: 0) ' Dates published: December 24, 1974 and January 12, 1975. Attest: City Clerk Ordinance adopted on second reading annexing Sonoran View Estates to the City of Fort Collins Councilman Russell. made a motion, seconded by Councilwoman Preble, to adopt Ordinance No. 66, 1974 on second reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO. 66 , 1974, BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY IN THE CITY OF FORT COLLINS, COLORADO WHEREAS, the property hereinafter described has for more than three (3) years been entirely contained within the ' boundaries of the City of Fort Collins; and WHEREAS, the City of Fort Collins desires to annex said property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That all of the territory more particularly described as situate in the County of Larimer, State of Colorado, to -wit: Lots 10 and 12 of Sonoran View Estates, a resubdivision of Michael Farm Subdivision of the NW 1/4 of Section 22, Township 7 North, Range 69 ::est of the 6th P.M. be and it hereby is annexed to the City of Fort Collins and made a part of said City, to be known as the Sonoran View I Annexation. 4 R Section 2. That in annexing said territory to the City of Fort Collins, the City of Fort Collins does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, street or any other services or utilities in connection with territory uJ hereby annexed except as may be provided by the ordinances 00 of the City of Fort Collins. Ci W Section 3. Within ninety (90) days from the date this :s7 ordinance becomes effective, no building permit shall be issued for any .of the lands herein described unless said lands have been zoned under the zoning ordinances of the City. ' Introduced, considered favorably on first reading, and ordered published this 19th day'of December A.D., 1974, and to be presented for final passage on the _� day of January A.D., 1975. Mayor ATTEST: / City Passed and adopted on final reading this !7eA/ day of January A.D., 1975. May v .ATTEST: City Clerk 5 6 First reading: December 19, 1974 (Vote: Yeas: 7, Nays: 0) Second reading: January 7, 1975 (Vote: Yeas: 7, Nays: 0) Dates published: December 24, 1974 and January 12, 1915 Attest: /7 City Clerk ordinance adopted on second reading establishing funds Mr. Alvin Kruchten, Auditor, stated the Ordinance would accomplish many of the things mentioned in their letter of internal control. The ordinance will have some effect on the audit which is being worked on. Further, Mr. Kruchten stated the Ordinance will accomplish everything the auditors had recommended with the exceptions, which will not require a change itl the Ordinance. Not mentioned in the Ordinance was what would be done with the Cemetery Fund, the Golf Fund or the Warehouse Fund; this could be accomplished by direction to the Administration. City Manager Brunton stated if Council desired special accounts, the City would have to transfer, each year from the general fund, to the various funds to make up the difference. Councilman Bowling inquired if Mr. Kruchten, as Auditor for the City, had recommendations concerning the funds. Mr. Kruchten stated these were policy matters and lie would not have a firm recommendation. Mr. Kruchten further informed the Council that Director of Finance, Charlie Cain, will close the City's books by February 1, 1975 and have financial statements prepared February 22, 1975, thereby allowing the auditors to prepare the audit prior to March 1, 197S. Councilman Bowling again requested a recommendation from Mr. Kruchten as to the funds from an accounting standpoint. City Attorney March stated the intent, in drawing the Ordinance, was to put all the enterprises discussed in the general fund in such a way to only require direction from the Council to do it differently and it can be accomplished under the Ordinance. Councilwoman Reeves inquired into the Golf Fund. Mr. Kruchten stated there should be separate accounting for it, but it should not require a separate fund. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 67, 1974 on second reading. Teas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO. 57 , 1974 BEING AN ORDINANCE ESTABLISHING FUNDS OF THE CITY, SETTING FORTH THE PURPOSES AND LIMITATIONS OF SUCH FUNDS, SPECIFYING THE ASSETS OF SUCH FUNDS AND REPEALING CERTAIN SECTIONS OF THE CODE OF THE CITY OF FORT COLLINS 1 1 R 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY'OF FORT COLLINS: Section 1. Pursuant to Section 26 of Article V of the Charter of the City of Fort Collins, there is hereby created a fund to be known as the General Fund which shall consist of the following: A. All cash balances of the City not specifically belonging to any existing special fund of the City. B. All fixed assets of the City (to be separately designated lIJ in an account known as the "General Fund Fixed Assets") not specifically belonging to any existing special fund of the City. Cs7 Section 2. Pursuant to Section 27 of Article V of the Charter of the City of Fort Collins, the following special funds are hereby created: A. Capital Improvement Fund. .1. There is hereby created a special fund to be known as the Capital Improvement Fund. Assets in such fund shall be segregated into separate accounts which shall describe the purposes for which such assets were placed in the fund. Each account shall be separately kept and main- tained as if each account were a separate special fund. Such accounts ' initially shall include a Park Land Fee Account, a Storm Sewer Fee Account, a Seven -Year Capital Improvement Program Account, a Conservation Trust Fund Account, and such other accounts. as may be authorized by the City Council or necessary to separately segregate assets in this fund earmarked for particular purposes. 2. Into said fund shall be transferred as of the effective date of this ordinance, the balance in the Capital Improvement Fund created by Sections 30-20 through 30-24 of the Code of the City of Fort Collins, all Park Land fees on hand collected pursuant to Chapter 82 of the Code of the City of Fort Collins, all amui.nts on hand 1.11 the special Capital Improve- ments Fund created by Ordinance No. 99, 1972, and the bal:uice in the Conserva- tion Trust Fund created by Ordinance No. 41, 1974. 3. There shall be deposited to such fund such amounts as the City Council may, from time to time, appropriate to this fund. 'There shall be deposited to such fund all donations made to the City for which the donor requests a special use which would make it inappropriate to place a donation in the General Fund or another special fund. There shall be deposited to said fund, in the appropriate account, all amounts received by the City as Park Land fees, storm sewer fees and similar earmarked funds. ' 4. Expenditures shall be made from such fund for the purpose of providing for the payment of capital improvements or to 'satisfy .the terms and conditions of any donation as may be provided for by the City 7 M Council from time to time. Appropriations from accounts within such fund shall be made only for the purpose for which such account was created; provided, however, that if .the. City Council finds and determines that there ' are amounts in any account in excess of the amount required to satisfy the purpose ofsuch account, the Council may by ordinance authorize the transfer of such excess amount to any other account or any other fund of the City. B. Special Assessment Fund. 1. There is hereby created a special fund to be known as the Special Assessment Fund. ' 2. There shall be transferred into said fund as of the effective date of this ordinance all. amounts then on hand received on account of special assessments against property made pursuant to Chapter 16 of the Code of the City of Fort Collins, together with all amounts on hand received from special assessments against property for other improvements such as sidewalk repairs (Section 95-43 of the Code of. the City of Fort Collins), care, protection and removal of trees (Sections 109-20 and 109-21 of the Code of the City of Fort Collins), and weed removal and control (Sections 79-6 and.79-7 of the Code of the City of Fort Collins). Assets in such funds shall be segregated into accounts representing the separate projects out of which such assets arose, and in addition there shall be created a separate account within such fund for surpluses and deficiencies as required by Section 20.6(b) of the Charter of the City of Fort Collins. 3. Such funds shall be used for payment of special ' assessment bonds issued in connection with the special improvement district to which the funds relate and for payment of other obligations for the pay - merit of which such funds were collected. C. Trust Fund. 1. There is hereby created a special fund to be known as the Trust Fund, which fund shall be divided into separate accounts to sci,rc,;ato according to purpose 1110 wI li'�Us clmouats in the fund. Such accounts shall initially include a Firumen's Pension Account, a Policemen's Pension Account, an Employee's Retirement Account, a Perpetual Care Account, a Rockwell Ranch Account, a Revenue Sharing Account, a Fort Collins -Loveland Airport Account and such other accounts as may be necessary to properly identify and segregate assets of the fund or as may be authorized by the City Council. 2. Into said fund shall be transferred all amounts or. hand as of the effective date of this ordinance in the following funds and accounts, to -wit: The Firemen's Pension Fund created by Article. IX of Chapter 2 of the Code of the City of Fort Collins; the Policemen's Pension Fund created by Article X of Chapter 2 of the Code of the City of Fort Collins; the Employee's Retirement Fund created by Resolution 71-8; the Perpetual Care Fund created by Section 42-8 of the Code of the City of Fort Collins; the Roselawn Cemetery Perpetual Care Fund; the Rockwell Ranch ' Fund; all Revenue Sharing Funds on hand received from the federal government; and the Fort Collins -Loveland Airport Fund. All such amounts shall be transferred into the specific account corresponding with the source of such funds. M 9 3. 'There shall be deposited to such fund all amounts received or appropriated by the City for the Firemen's Pension, the Police- men's Pension, Employee's Retirement, Cemetery Perpetual Care, the Rockwell Ranch, Federal Revenue Sharing, the Fort Collins -Loveland Airport Fund, or other amounts received or appropriated and held in trust by the City. 4. Expenditures shall be made from such fund from time to time to satisfy the purposes for which amounts were received or appro- priated and disbursements from accounts within such fund shall be made only for the purpose for which such account was created; provided, however, that if there are amounts in any account in excess of the amount required to satisfy- the purpose of such account and if the Council otherwise has the authority to so do, the Council may, by ordinance, authorize the transfer QO of such excess amount to any other account or any other fund of the City. t-+ U D. Equipment Fund. W W 1. There is hereby created a special fund to be known as the Equipment Fund. 2. There shall be transferred into said fund as of the effective date of this ordinance all assets then on hand in the Equipment Fund heretofore maintained by the City, including all cash and all ,fixed assets carried in the name of such existing Equipment Fund. 3. All amounts received by said fund on account of the ' use of equipment belonging to the fund by other departments of the City and c all amounts appropriated by the City Council to such fund shall be placed in the Equipment Fund. 4. Exponditures shall be made from such fund from time to time as authorized by the City Council. If at any time the City Council finds and determines that there are amounts of cash in such fund in excess of the amount required to satisfy the purpose of the fund, the Council, by ordinance, may authorize the transfer of such excess amounts to any other fund of the City. E. Water Fund. 1. There is hereby created a special fund to be known as the Water Fund. Assets in such fund shall be segregated into separate accounts which shall describe the purpose for which such accounts were placed in the Water Fund. Each account shall be separately kept and maintained as if each account were a separate special fund. Such accounts shall include the accounts necessary to satisfy the requirements of the City Charter, including a Working Account, a Depreciation and Capital Improvements Account, and an account for the payment of bonds issued by the City to extend or improve the water utility. There shall be such additional accounts within such fund as necessary to segregate and identify assets of such fund set aside ' for particular purposes by ordinances or other actions of the City Council. 9 1U 2. Into such fund shall be transferred as of the effective date of this ordinance the cash balance then on hand in the following funds now maintained by the City, to -wit: The Water.Extension and Improvement ' Fund, the Water Bond Principal Fund, and the Water Operating Fund. In addition, there shall be transferred into such fund all fixed assets owned by the Water Department of the City. 3. There shall be placed in said fund from time to time all earnings of the Water Utility of the City and such additional amounts as may be appropriated to such fund by the City Council. In addition, there shall be placed in such fund any receipts from the sale of bonds issued by the City for the purpose of extending or bettering the Water Utility, any grants received from the Federal or State government to be used for the extension or betterment of the Water Utility, and any amounts earned through the investment of the assets of the fund. 4. Expenditures shall be made from such fund for the purpose of operating the Water Utility, providing extensions and betterments to the Water Utility, and "or such other purposes relating to the Water Utility as may be authorized by law. Expenditures from accounts within such fund shall be made only for the purpose for which such account was created; provided, however, that if the City Council finds and determines that there are amounts in any account in excess of the amount required to satisfy the purpose of such account, the City Council may, by ordinance, authorize the transfer of such excess amount to anv other account or any other fund of the City. It shall further be proper for the City Council to authorize the lending of amounts in excess of the immediate needs of such fund to other , funds of the City upon such terms and conditions as the Council may prescribe. F. Sewer Fund. 1. 'I'llerr is hrrchy created a special fund to be known as the Sewn fund. Assets in Mich li:r.d ;;kill be sei;regatcd into separate accounts which shall describe the purpose tor which such accounts were placed in tho Scwcr Fund. Each account shall be separately kept and maintained as if each account were a separate special fund. Such accounts shall include the accounts necessary to satisfy the requirements of .the City Charter, including a Working Account, a Depreciation and Capital improvement Account, and an account for the payment of bonds issued by the City to extend or improve the sewer utility. There shall be such additional accounts within such fund as necessary to segregate and identify assets of such fund set aside for particular purposes by ordinances or other actions of the City Council. 2. Into such fund shall be transferred as of the effective date of this ordinance the cash balance then on hand in the following funds now maintained by the City, to -wit: The Sewer Extension and Improvement Fund, the Sewer Bond Principal Fund, and the Sewer Operating Fund. In addition, there shall be transferred into such fund all fixed assets owned by the Sewer Department of the City. 3. There shall be placed in said fund from time to time I all earnings of the Sewer Utility of the City and such additional amounts as may be appropriated to such fund by the City Council. In addition, there shall be placed in such fund any receipts from the sale of bonds issued 10 11. by the City for the purpose of extending or bettering the Sewer Utility, any grants received from the Federal or State government to be used for the extension or betterment of the Sewer Utility, and any amounts earned through the investment of the assets of the fund. 4. Expenditures shall be made from such fund for the purpose of operating the Sewer Utility, providing extensions and betterments to the Sewer Utility, and for such other purposes relating to the Sewer Utility as may be authorized by law. Expenditures from accounts within such fund shall be made only for the purpose for which such account was created; provided, however, that if the City Council finds and determines that there are amounts in any account in excess of the amount required to satisfy the purpose of such account, the City Council may, by ordinance, authorize the transfer of such excess amount to any other account or any other fund of the City. It shall further be proper for the City Council to authorize the lending of amounts in excess of the immediate needs of such fund to other funds of the City upon such terms and conditions as the Council may prescribe. s] G. Light and Power Fund. 1. There is hereby created a special fund to be known as the Light and Power Fund. Assets in such fund shall be segregated into separate accounts which shall describe the purpose for which such accounts were placed in the Light and Power Fund. Each account shall be separately kept and maintained as if each account were a separate special fund. Such accounts shall include the accounts necessary to satisfy the requirements of the City Charter, including a Working Account, a Depreciation and Capital ' Improvement Account, and an account for the payment of bonds issued by the City to extend or improve the light and power utility. There shall be such additional accounts within such fund as necessary to segregate and identify assets of such fund set aside for particular purposes by ordinances or other actions of the City Council. 2. Into such fund shall be transferred as of the effective date of this ordinance the cash balance then on hand in the following funds now maintained -by the City, to -wit: The Light and Power Extension and Improvement Fund, the Light and Power Depreciation and Obsolescence Fund and the Light and Power Operating Fund. In addition, there shall be transferred into such fund all fixed assets owned by the Light and Power Department of the City. 3. There shall be placed in said fund from time to time all earnings of the Light and Power Utility of the City and such additional amounts as may be appropriated to such fund by the City Council. In addition, there shall be placed in such fund any receipts from the sale of bonds issued by the City for the purpose of extending or bettering the Light and Power Utility, any grants received from the Federal or State government to be used for the extension or betterment of the Light and Power Utility, and any amounts earned through the investment of the assets of the fund. 4. Expenditures shall be made from such fund for the ' purpose of operating the Light and Power Utility, providing extensions and betterments to the Light and Power Utilitv, and for such other purposes relating to the Light and Power Utility as may be authorized by law. Expenditures from accounts within such fund shall be made only for the 11 12 purpose for which such account was created; provided, however, that if the ' City Council finds and determines that there are amounts in any account in excess of the amount required to satisfy the purpose of such account, the City Council may, by ordinance, authorize the transfer of such excess amount to any other account or any other fund of the City. It shall further be proper for the City Council to authorize the lending of amounts in excess of the immediate needs of such fund to other funds of the City upon such terms and conditions as the Council may prescribe. Section 3. The effective date of this ordinance shall be January 1, 1975, and all funds created hereunder shall go into effect on such date and all transfers into such funds shall be made as of such effective date. Section 4. Moneys in the funds herein created shall be in the custody of and managed by the Director of Finance. The Director of Finance shall maintain accounting records and account for all of said moneys as provided by law. Moneys in the funds of the City shall be invested or deposited by the Director of Finance in accordance with the provisions of law. All income from the assets of any fund shall become a part of the fund from which derived and shall be used for the purpose for which such fund was created; provided, however, that except as otherwise provided in this ordinance or by other ordinances or laws or by the Charter of the City, the City Council may transfer out of any fund any amount at any time to be used for such purpose as the Council may direct. Section S. All o nlin;mccs or parts of ordinances in conflict hcrowitli are hereby rupcaled and in h:Lrticular, Sections 30-1 through 30-24, of the Code of the City of port Collins, arc hereby repcal.cd, such repeal to be effective.on the effective date of this ordinance and the transfer of any amounts in existing funds to the funds herein created. Except as specific ordinances were expressly repealed above, this ordinance shall not repeal any ordinance levying any tax or establishing any fee and earmarking for a particular purpose the funds derived from such tax or fee, but any such fund shall be placed in the appropriate fund or account created herein. Introduced., considered favorably on first reading, and ordered published this 19di^ day of December, A.D. 1974, and to be presp=ted for final passage on the day of — A.D. 197 S ATTEST: d 1 12 13 Passed and adopted on final reading this 4day of ' A.U. 197 3'. ATTEST: Mayor j cly Clerk Lf'J 00 i, First reading: December 19,1974 (Vote: Yeas: 7, Nays: 0) C-7 Second reading: January 7, 1975 (Vote: Yeas: 7, Nays: 0) Dates published: December 24, 1974 and January 12, 1975 Attest: City Cler Ordinance adopted on second reading setting salary of the Municipal .Judge ' Cowicilwoman Reeves made a motion, seconded by Councilman Russell, to adopt Ordinance No. 68, 1974 on second reading. Yeas: Council members Bot%Qing, Fead, Gray, Preble, Reeves, --Russell and Wilkinson. .__Nays: _ None, ORDINANCE NO. 68 , 1974 BEING AN ORDINANCE AMENDING SECTION 2-24 OF THE CODE OF THE CITY OF FORT COLLINS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 2-24 of the Code of the City of Fort Collins be, and th_e same hereby is, amended by deleting therefrom the words and figures "thirteen thousand five hundred dollars ($13,SOO.00)" and by substituting therefor the following words and figures "twenty five thousand dollars ($25,000.00)". Section 2. This ordinance shall be effective on July 1, 1975. Introduced, considered favorably on first reading, and ordered published this 19th day of December, A.D. 1974, and to be presented for final passage on the 7th day of January, A.D. 1975. ATTEST: Mayor City Clerk 13 1:4: Passed and adopted on final reading this 7th day of January, ' A.D. 1975. ATTEST: Mayor City Jerk First reading: December 19, 1974 (Vote: Yeas: 7, Nays: 0) Second reading: January 7, 1975 (Vote: Yeas: 7, Nays: 0) Dates published: December 24, 1974 and January 12, 1975 Attest: City Cl.er Ordinance adopted on second reading appropriating funds for expenditures in 1974 from excess funds ' Councilwoman Reeves trade a motion, seconded by Councilwoman Prebl.e, to adopt Ordinance No. 71, 1974 on second reading. Yeas: Council members Boi•,ling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO. 71 , 1974 BEING AN ORDINANCE APPROPRIATING FUNDS FOR EXPENDITURES IN 1974 FROM EXCESS REVENUES WHEREAS, the City Manager has reported to the City Council that it is necessary to expend funds in excess of the amount budgeted in the Golf Fund during the year 1974; and WHEREAS, revenues from the city golf courses are in excess of the anticipated revenues from said source and are sufficient excess revenues to make the appropriation hereinafter made; and WHEREAS, the additional expenditures required in connection with the go'_f course were caused by unforeseen contingencies which arose after the passage of the annual appropriation ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE. COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated from excess revenues during I the year 1974 arising from the golf course the sum of $2,000.00 to be spent during 1974 out of the Golf Fund. 14 15 ' Introduced, consideiUd favorably on first readi g and ordered published this 19�i day of A.D. 197�, and to be presented for final ;.passage on the _?±k day of A.U. 197_,5_. 61 ATTEST: City Clerk May Passed and adopted on final reading this AD. 197 Z' Mayor / ATTEST: City Clerk i �O— day of Ja any , ' First reading: December 19, 1974 (\Tote: Yeas: 7, Nays: 0) Second reading: January 7, 1975 (Vote: Yeas: 7, Nays: 0) Dates published: December 24, 1974 and January 12, 1975 Attest: (/ %/i�tr?✓" �`� ,. ., •--� ity Clerk Ordinance adopted on second reading appropriating funds for expenditures in 1974 from Federal Revenue Sharing Councilwoman Gray made a motion, seconded by Councilwoman Preble, to adopt Ordinance No. 72, 1974 on second reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO. 7,�, 1974 BEING AN ORDINANCE APPROPRIATING FUNDS FOR EXPENDITURE IN 1974 FROM FEDERAL REVENUE SNARING FUNDS ' WHEREAS, the City Council has authorized the acquisition of additional police cars for the Police Department; and WHEREAS, at the time of authorizing the same the Council anticipated using federal revenue sharing funds for such purpose; and 15 ib WHEREAS, it is necessary to appropriate such funds for such ' purpose for expenditure in -the year 1974; and WHEREAS, this expenditure was caused by unforeseen contingencies which arose after the passage of the annual appropriation; and WHEREAS, there are sufficient revenue sharing funds on hand to make such expenditure. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that a supplemental appropriation is hereby made from federal revenue sharing funds in the amount of $186,900.00 to the Equipment Fund for expenditure during 1974 in connection with the purchase of additional police cars. Introduced, considered favorably on first reading and ordered published this /97'k day of . �.. A.D. 197 and to be presented for final passage on the fide day of A.D. 197_ 2 ATTEST: Mvyor City Clerk v ' Passed and adopted on final reading this day of / �, .a.� ua/✓ , A.D. 197 b- ---T /' ATTEST: ^ - Mayor"` ' City Clerk First reading: December 19, 1974 (Vote: Yeas: 7, Nays: 0) Second reading: January 7, 1975 (Vote: Yeas: 7, Nays: 0) Dates Published: December 24, 1974 and January 12, 1975 Attest: �.� /""` /5) City' ClerK Ordinance adopted on second reading rezoning property by Platte River Power Authority and Bartran }-tomes, Inc. ' Councilwoman Gray made a motion, seconded by Coa:ncilman Wilkinson, to adopt Ordinance No. 73, 1974 on second reading. Yeas: Council members Bowling, Fead, Gray, Prebl.e, Reeves, Russell and Wilkinson. Nays: None. 16 1'a ORDINANCE N0, 73 1974 ' BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: LM That the zoning district map of the City of Fort Lz] Collins, Colorado, adopted by the zoning ordinance of the W ' City of Fort Collins, is'hereby amended by changing the zoning classification from R-L-P Low Density Planned Residential District to I-P Industrial Park District for the following described property in the City, to -wit: ' A tract of land situate in the S 1/2 of the S 1/2'of Section 30, Township 7 North, Range 68 West of the 6th P.M., Larimer County Colorado, which considering the South line of said Section 30 as bearing'N 89*38' W and with all bearings contained herein relative thereto begins at the Southeast corner of said Section 30 and runs thence along the South line of said Section 30 N 89038' W 1056.10 feet more or less to the East line of the right of way of the Union Pacific Railroad Company; thence along said East line N 00027113" E 1131.99 feet; thence S 89°44'29" E 1055.87 feet to a point on the East line of the SE 1/4 of said Section 30; thence along said East line S 00126130" W 1133.98 feet to the point of beginning. Introduced, considered favorably on first- reading, and ordered published this 19th day of December,A.D. 1974, and to be presented for final passage on the day of. January, A.D. 1975. 17 1. N yor �. ATTEST: ' (.lt er Passed and adopted on final reading this day of January, A.D. 1975. Mayor ATTEST: . S.,l.4lJ��� City Clerk First reading: December 19, 1974 Second reading: January 7, 1975 (Vote: Yeas: 7, Nays: 0)— Dates published: December 24, 1974 and January 12, 1975- Attest;- i/ City Clerk Ordinance adopted on second reading creating Street, Water and Sanitary Sewer District No. 70 Councilman Russell made a motion, seconded by Cowncil.man Bowling, to adopt. Ordinance No. 74, 1974 on second reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Wilkinson. Nays: None. (Council- man Russell out of room) ORDINANCE No. 74, 1974 BEING AN ORDINANCE RELATING TO THE CREATION AND ORGANIZATION OF STREET, WATER AND SANITARY SEWER DISTRICT NO. 70, PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN, AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COSTS OF CONSTRUCTION THEREOF WHEREAS, heretofore the necessary proceedings were instituted to create a special improvement district for the purpose of installing the improvements described on Exhibit "A" attached hereto (hereinafter sometimes referred to as I "the improvements".) for the benefit of the property described on Exhibit."A"; and 18 I U` ' WHEREAS, the City Council has received the necessary reports, given the required notice and held a hearing as required by the Ordinances of the City; and WHEREAS, the City Council is of the opinion that it is in the best interests of the City of Fort Collins to form said special improvement district. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That there is hereby created and organized an improvement district under and by virtue of the provisions i� of Chapter 16 of the Code of the City of Fort Collins, to be W known as Street, Water and Sanitary Sewer District No. 70 Cs] (hereinafter sometimes referred to as "the district") com- prised of the property described on Exhibit "A" attached hereto. 1 1 Section 2. That the improvements to be constructed shall consist of the improvements described on Exhibit"A" attached hereto, all as more fully set forth in the map, plans and specifications heretofore. submitted by the City Engineer and accepted by the City Council by resolution. Section 3. That the total cost of such improvements . shall not exceed by more than five per cent (5%) the City Engineer's estimate heretofore accepted of $124,880.00 exclusive of the expense of collection, legal, advertising, engineering, financing, interest during construction and other incidentals, and that said total cost together with such expense of collection, legal, advertising, engineering, financing, interest during construction and other incidentals 13% of the cost of such improvements) shall be assessed against the property in said district in forth on Exhibit "A" attached hereto in provisions of Chapter 16 of the Code of Collins. the manner set accordance with the the City of Fort Section 4. That the City Council has, pursuant to notice duly mailed and published, all as provided in Chapter 16 of the Code of the City of Fort Collins, considered all complaints and objections made and filed in writing by the owners of any real estate to be assessed or any persons interested; and the City Council. further finds that all requirements of the ordinances of the City of Fort Collins respecting the organization of the district have been observed and compiled with in all respects; and it: is hereby ordered that the improvements in the district as provided for in the map, plans and specifications heretofore adopted by the City Council be and they hereby are ordered to be constructed. 19 L U Section 5. Upon the taking effect of this ordinance, the Mayor is hereby authorized and empowered to advertise for bids for the construction of the improvements in accord- ance with the man, plans and specifications heretofore adopted, which advertisement shall be twice published in an official newspaper published in the City. Said publications are to be at least a week apart, and the date for opening of bids shall not be less than ten (10) days after first publica- tion', and bids received under said advertisement shall be submitted to the Council fov approval or rejection. Adver- tisements for bids shall comply with the requirements and be in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins. Section 6. When the improvements herein authorized have been completed and the same approved and acepted by the City of Fort Collins, the costs as set forth above shall be assessed upon the real property in said improvement district, all as herei.nbefore set forth. Section 7. This ordinance shall be irrepealable until the indebtedness herein provided for, whenever the same shall be created, shall have been duly paid, satisfied and discharged as herein provided. Introduced, considered favorably on first reading, and ordered published this 19th day of December, 1974, and to be presented for final passage on the day of January, 1975. �t or ATTEST: // v City -Clerk Passed and adopted on final reading this 17W day of January, A.D. 1975. ATTEST: Mayor i E��L Z2 City Clerk 11 20 'L l . I EXHIBIT A ORDINANCE NO. %y , . 1974 STREET, WATER AND SANITARY SEWER DISTRICT NO. 70 A. Description of property specially benefited by the improvements to be installed in the district and to be LID assessed for the costs incurred in making said improvements: 00 ,i All lots and lands abutting upon Swallow Drive from College Avenue west to the railroad tracks of the Colorado and Southern Railway Company W B. Improvements to be installed in the district consist of: The installation of curb, gutter, sidewalk, asphalt street pavement, street lighting, water lines and sanitary sewer lines. C. The cost of making the improvements in the district shall be assessed against the assessable property in the district as follows: Upon all of the lots and lands abutting on the portion of Swallow Drive to be improved in propor- tion as the frontage of each lot or tract of land is to the frontage of all lots and lands so improved. First reading: December 19, 1974 (Vote: Yeas: 7, Nays: 0) Second reading: January 7, 1975 (Vote: Peas: 7, Nays: 0) Dates published: December 24, 1974 and January 12, 1975. Attest: City Clerk - 1 Ordinance adopted. on second reading amending the Zoning Ordinance relating to R-M, Medium Density Residential District Zoning Associate Planner, Paul Deibel, and Director of Coriminity Development, Roy Bingman, spoke to the foliowing Planning and Zoning report: 21 Z2 This proposed. change to the R-M_zone would allow churches to be used as places for public assembly with incidental office- , space not to exceed 20% of floor area." The proposal is being made by Mercy Chapel, current owners of the church on the southeast corner of Olive and Whedbee streets to allow the Port Collins Board of Realtors to use the church building for their office and meetings. Evidently there is some urgency to the matter and it was brought before the n City Council at its December 19 meeting. The Council passed the ordinance on first reading and referred it Co the Board for a recommendation prior to second reading on January 7. A letter of notification was sent to residents of the Olive and Whedbee area. Staff Recommendation: The staff recommendation is favorable to allowing a use for old churches that are too small.for use by most present-day congregations. We strongly feel, however, that such "auditoriums or places of public assembly and inci- dvntal office space" should be restricted to use on a non-profit basis to maintain the consistency of the R-M zone which allows no commercial uses and to avoid an every -night commercial rental auditorium situation in a residential neighborhood. In the absence of this restriction we would recom- mend denial. Planning and Zoning Board Recommendation: Denial After considerable discussion the Planning and Zoning Board considered this ' proposal at the meeting last night and voted 4 to 2 to recommend denial_ for the following three reasons: 1. The amendment would undermine the integrity of the R-M zone by allow- ing commercial uses in what is now a strictly residential zone. This could undermine the stability of existing R-M neighborhoods, many of which are of fragile stability at present. 2. The amendment seems to be a special purpose ordinance designed primarily in response to a specific request. 7. In practice, conversion of older churches or houses to office - auditoriums would require additional variances to the zoning ordinance in every case. Council addressed the question of not allowing use of the church which would cause it to deteriorate. Mayor Fead stated, as he understood it, variances will be before the Zoning Board of Appeals. City Attorney March spoke to the Planning and Zoning Board's concerns and stated a good point had been made; that being that Council should go back and draw, a definition of what is a place of. "Public Assembly", and try' to'restrict it as much as possible. He would work with the P1anning.Staff , and bring it back as an amendment. Councilman Bowling made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 75, 1974 on second reading. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: Councilman Feat'. 22 1z ;3. ' ORDINANCE NO. IZ , 1974 BEING AN ORDINANCE AMENDING SECTION 118-43 OF THE. CODE OF THE CITY OF FORT COLLINS RELATING TO THE R-M MEDIUM DENSITY RESIDENTIAL ZONING DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 118-43 A(5) be, and the same hereby.is, amended to read as follows: "(5) Churches and uses providing meeting places � and places for public assembly with incidental W office space." W Section 2. That Section 118-43 B of the Code of the City of Fort Collins be, and the same hereby is, amended by adding at the end thereof the following: "For nonresidential uses a minimum lot area shall be required of 12,000 square feet." Section 3. That Section 118-43 G of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting therefrom the words and figures: "and for each school or church one (1) parking space shall be provided for every five (S) seats in the auditorium or place of assembly." and by substituting therefor the following: "and for each school, church or other meeting place or place of assembly one (1) parking space shall be provided for every five (5) seats in the auditorium or place of assembly." Section 4. That Section 118-43 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding thereto an additional subsection "I" as follows: "l. Structures providing meeting places and places of public assembly in this district shall not have more than '�suf� percent (A0 0) of their total usable floor area devoted to office or other accessory uses." ' Introduced, considered favorably on first reading, and ordered published this day of December, A.D. 1974, and to be presented for 23 24- h A.D. 197S. final passage on the � t day of �' ATTEST: Ma / / v City Clerk. Passed and adopted on final reading this % day of A.D. 197 5' . r, May ATTEST: City Clerk. First reading: December'19, 1974 (Vote: Yeas: 7, Nays: 0) ' Second reading: January 7, 1975 (Vote: Yeas: 6 Nays: 1) Dates published: December 24, 1974 and January 12, 197S' Attest: City Clerk—� Ordinance adopted on first reading zoning Sonoran Vies Estates Annexation to the City Ordinance No. 66, 1974 provides for the involuntary annexation of this approximate five acres surrounded by the City of Fort Collins. All pro- perty surrownding this area is inside City limits and is zoned R-L, Low Density Residential District. Both the Planning and Zoning Board and the City Planning staff feel that the R-L zoning is appropriate for this property. Cotnicilman Bonding made a motion, seconded by Councilwoman'Gray, to adopt Ordinance No. 1, 197S on first reading. Yeas: Council members Bowling, ' Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. 24 Ordinance adopted on first reading ' to authorize application and contract for allotment of water by Northern Colorado Water Conservancy District At the present time the City of Fort Collins holdg allotment contracts under Temporary Use Permits totaling 374 acre-foot units. The Temporary Use Permit was devised by the District to permit municipalities to accumulate a number of small allotment contracts until such time as the quantity of water thus accumulated would make a transfer to a full Municipal Contract (Class B) worthwhile. The proposed ordinance provides for the cancella- tion of the Temporary Use Permit and puts these units under a full L0 Municipal Contract. � Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to rQ adopt Ordinance No. 2, 197S on first reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Resolution adopted expressing the City Council's concern with State of Colorado Liquor Licensing laws, and requesting study and revision of such laws Council members Gray and Preble spoke to the action of the Legislative Committee of the Municipal League encouraging a study committee to review ' the existing laws. The Executive Board of the League had approved tine recommendation. City Attorney March spoke to the precedences set and the difficulties that will be encountered in attempting meaningful changes. Councilwoman Gray made a motion, seconded by Councilman Bowling, to adopt the resolution. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. RESOLUTION 7 1 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPRESSING THE CITY COUNCIL'S CONCERN WITH EXISTING LIQUOR LICENSING LAWS OF THE STATE OF COLORADO AND REQUESTING THE STUDY AND REVISIONS OF SUCH LAWS WHEREAS, under the laws of the State of Colorado the City of Fort Collins acts as the local liquor licensing authority in connection with the issuance of liquor licenses; and WHEREAS, the City Council has appointed a Board known as the ' City of Fort Collins Liquor Licensing Authority for the purpose of serving as such local licensing authority; and 25 z `1 WHEREAS, the City Council has received a communi.cation from the City of Fort Collins Liquor Licensing Authority expressing -the concern' of such authority with the antiquated and cumbersome liquor laws of the I State of Colorado; and WHEREAS, the City Council has reviewed this matter and concurs with.the Liquor Licensing Authority that such laws are antiquated and cumbersome and in need of comprehensive revision. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TIME CITY OF FORT COLLINS: 1. That the City Council hereby expresses its concern with regard to existing liquor licensing laws of the State of Colorado; and 2. That the City Council hereby requests that the State Senators and Representatives from this City take such action as may be necessary to initiate a study of the existing liquor licensing laws of the State of Colorado aimed toward a comprehensive revision of such laws; and 3. The City Clerk is hereby directed to forward a copy of the within resolution to the Senators and Representatives of the Colorado Legislature representing this City. Passed and adopted at a regular meeting of the City Council held this 7th day of January, A.D. 197S. ATTEST: City Clerk Appointment of Stanley R. Case to the Platte River Power Authority approved At its December 18,1974 meeting, the Platte River Power Authority passed a resolution providing for staggered terms of its directors. The City of Fort Coll.vis' representative,. Stanley R. Case was selected for a term expiring December 31, 1976. Councilwonmi Preble made a motion, seconded by Councilman Fowling, to appoint Stanley R. Case to the Platte River Power Authority for a tern expiring December 31, 1976. Yeas: Cowicil members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. !Ways: None. First Fxtension of Mourning Subdivision P.U.D. Tabled City Manager Brunton stated the City is in receipt of a letter from the develoner that this item be tabled for two wcc'Ks. 1 1 26 Councilman Bowling made a motion, seconded by Councilman Russell, to table this item for two weeks. Yeas:. Council members Bowling, Fead, Gray, ' Preble, Reeves, Russell and Wilkinson. Nays:. None. Funding of Community Education Program Approved City Manager Brunton addressed part of the following memorandum to the Council on this subject: In September, 1974 the Community Education Advisory Council asked the City of Fort Collins for $10,000 to operate its Community Education Center in 1975. This request was submitted too late to be coordinated by the Larimer County Human Resources Committee. .Several discussions were held on this program. On J� December 19, 1974 the Fort Collins City Council tentatively reserved $10,000 for community education in 1975, providing an acceptable plan for utilization of Wthe money were received. On December 31, 1974 we received a working plan for W community education submitted by the Community Education Advisory Council.. This plan calls for a joint coordinating council consisting of three persons appointed by the School District and three persons appointed by the City Council. Under the proposal the City of Fort Collins would act as the fiscal agent for this project, except for the operating and maintenance costs at Laurel School. This arrangement would be similar to the one that the City now has with the Airport Board. It should be clearly understood that we would not spend more than the $10,000 for direct or indirect costs, or whatever amount the Council designates. To assure that this project gets off the ground, I could act as Treasurer for the group, similar to my capacity with the Airport Board. En- closed for you information is a copy of the working plan together wits a memo I received earlier in December from four of our staff members on this program. Recommendation: The Administration recommends that the City Council authorize a sum not to exceed $10,000 for its contribution to the Community Education Pro Aram in 1975. This money w-uld he placed in a :special trust account in t ie City of Fort Collins and be audited accordingly. We have a list of suggested appointees to this joint council. It is hoped that we can have an Executive Session on January 7, 1975 to discuss the three City appointments to this council. Mayor Fead inquired who had drafted the "Working Plan for Community Education", adding that he would have liked to have seen the names an the report accept- ing responsibility for it. Councilwomen Gray and Preble supported the concept. Councilmen Wilkinson, Bowling and Fead expressed their concern with the funding and suggested the committee seek outside funding, especially with the possibility- of not again receiving Revenue Sharing Funds. Councilman Russell expressed concern over who would have control. over the Supervisor -Coordinator and the possible loss of fringe benefits to this person working under the joint Council. City 0rnager Brunton stated this is an area of concern and if this person were on the City payroll, he/she ' would receive S10,000 total pay with the fringe benefits. Council would make this decision. 27 zK Councilwoman Reeves inquired if in fact Council was approving the following groups to have space in.. the facility: ' (a) Harmony Co-op. (b) Recreational fun -time. (c) Adult Basic Education. (d) Volunteers Clearing House. (e) Community Youth Center. It was clarified that Council would be approving the working plan. City Manager Brunton stated, for the record, that the people who had prepared the report were: Tom Fraiser, Charles Porter, Jean Sutherland, and Gilbert Carbajal. Councilwoman Gray made a motion, seconded by Councilwoman Preble, to approve the Working Plan for Community Education., authorizing the funding of $10,000.00, and that maintenance of that account be made a part of the trust fund. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Resolution adopted as amended changing the name of Fast Linden Street Associate Pla72ier, Paul Deibel, spoke to the following Planning and Zoning report: The Board considered renaming East Linden Street at its January 5, 1975 , meeting and voted unanimously to recommend that the street be renamed as Buckingham Street. The Board's reasons for choosing Buckingham Street over East Cherry Street were first to identify the street with the area, and second to avoid any confusion with Cherry Street. Councilman Russell made'a motion, seconded by Councilwoman Reeves, to amend the resolution by striking the words "East Cherry Street" and inserting "Buckingham Street". Yeas: Council members Bowling. Fead, Gray, Freble, Reeves, Russell and Wilkinson. Nays: None. Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, to adopt the resolution as amended. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. RESOLUTION 75-2 OF THE COUNCIL OF 'FIE' CITY OF FORT COLLINS CHANGING THE NAME OF A STREET NO r KNOWN AS EAST LINDEN STREET TO J3UCK1NGF1h%! STRLET BE I.T RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That that certain street extending from Linden Street east. to 9th Street, known as East Linden Street, be and the same hereby is renamed as shall hereafter be known as Buckingham Street . 23 2 9. Passed and adopted at a regular meeting of the City Council ' held this 7th day of January, A.D. 1975. ATTEST: y"l� City Clerk N Various Easements and Dedication W Deeds accepted W City Manager Brunton spoke to the following: Listed below are various easements and dedication deeds recently obtained. To further streamline the City Council meetings, we would like to administra- tively approve all easements or deeds except where there is substantial cost to the City or where there is a legal requirement (such as a railroad easements requiring resolutions approved by the City Council). In the meantime, we are submitting all easements and deeds obtained as one item. ' (A) Easement for Lake Run-off and retention from Evergreen Park. } This is a new easement for the retention lake to be built in Evergreen Park. The original easement was rectangular in shape; the new one is tear -drop shaped for aesthetic value. (6) Grant deed from Heritage Square, Ltd., (Rhoades, Inc.) for Shields Street Sidewalk and bike path. This grant deed is for the additional right-of-way on Shields Street needed to install street, sidewalk, bike path and all necessary utility requirements. (C) Grant deed from Thomas Bulger et ux for Shields Street sidewalk and bike path. This grant deed is also for the additional right-of-way on Shields needed for installing street, sidewalk, bike path and necessary utility requirements. (D) Grant deed from Sam Aranci et ux for right-of-way along Shields Street. This grant deed is for the additional right-of-way ou Shields Street needed to install strcct, side aik, bike ;�aih and all necessary utility requirements. ' (E) Quit claim deed from Charles Hoffman et ux for a street dedication. As a requirement for obtaining a building permit, the property owner was required to dedicate thirty feet for street purposes. 29 (F) Dedication of easement and right-of-way from Charles Hoffman et ux for I utilities. As a requirement for obtaining a building permit, the property owner was requested to dedicate a 6-foot wide strip for utility lines. (G) Grant of easement from Foothills Apartments (Gene Fischer and Donald Mullison) for Shields Street sidewalk and bike path. This grant of easement is for additional right-of-way on Shields Street needed to install street, sidewalk, bike path and all necessary utility requirements. This easement is for $4,500. (H) Grant of a slope easement from Ihritage Square Ltd. (Rhoades, Inc.) on Shields Street. In connection with the installation of the sidewalk, bike path on Shields Street, considerable fill was required in certain areas. Because of the fill, additional easement was needed to provide the slope requirements. (I) Dedication of 20-foot access easement from Poudre School District R-1. This dedication is for an alternate alley to replace the alley vacated for the new LaPorte School. ' (J) Easement for construction and maintenance of a power line in 2300 block of West Mulberry from Empire Grange. This is a 10-foot wide permanent power line easement along the east edge of the Empire Grange property located in the 2300 block of West Mulberry. This easement will enable the electric utility to go around some large trees with a major underground electrical duct bank. (K) Storm drainage right-of-way from Tri-City Development Company. (L) Storm drainage right-of-way from Tri-City Development Company. These two storm drainage easements from Tri-City Development Company are in connection with the paving of Shields Street adjacent to the Wood Brothers Development. This was required to conduct drainage from the intersection of Rocky Mountain Play and Shields Street to the north and east through the develop- ment area. Without the installation of this pipeline, there would have been a flooding situation at that intersection created by storm water runoff from the Rocky Mountain High School. Recommendation: The Administration recommends that the City Council approve all of the aforementioned deeds and easements. , 30 Councilwommi Gray nude a motion, seconded by Councilwoman Preble, to approve all of the aforementioned easements and deeds. Yeas: Council members Bowling, Fead, Gray', Preble, Reeves, Russell and Wilkinson. Nays: None. Citizen Participation 1. Lou Stitzel from Neighbor to Neighbor, read the following communication: To: City Council of Fort Collins From: Designing 'Tomorrow Today and Neighbor to tiei_hbor, Inc. Subject: Suggested membership in Ha?ion 5 Citizens Council, Inc., at a membership fee of y4CD per year 00 Although the City Council has not hod time to designevte the Citizens Perticipation or;-enizetion ns required by the Housing end Community Development r Act of 1974, there in a need for the city to officially join now two FUD- recognized Citizens Participation oraz.nizotions - the iagion b Citizens Council and the _:etional ^.itizene Council. The cost of thin membership is d400 per year. There are two questions that need answering: 1. Why join t,:e Aeeion a Citizens Council and National Citizans Council, and 2. Why join. row? ' Let's consider the reasons for ioininr 1) As already indicated, the uoasing and Com-:unit: Development Act of 1974, requires a work-,ble Citizens F_rticipntion pr;F:.izetion. i. •.aor'rable Citizens erticinetion ort*r.nizetion c:cens one that can coordin, tV- ;.,.d coopar,,te with the technical and hi_hly o»:ceaiorol povls of the Com.:cunity Dcvelop,sent and Plsnning offieo. Joining the F.e,,ion 5 Citizens Council end i.etionul Citizens Council would enable the Citizens 'articicetion or;aninztion to be designated by the City Council to have specific technical nrid prureasional input to mr:tch the stature of the City of Fort Collins Community Development and Flnnning depart - tents. This would increese the affectivenesa oud coordination -cooperation of the Citizens Fcrticipation group with local nlannin.- tad development. 2) The Reg,ior. 8 end ^.';.tionei Citizens Council not only provide independent sources of techn.icol assistance anal nro"essional training to Citizens Froupc but also supply resource3 of infor-crtion even HUD flocs not hove. A useful library, including s veriety of via:usl rids in slso ,,veileble. e,ll are geared to essist Citizen's oresnizstions to be of better service to their local government end community. 3) The input from the .iq lon 6 end Xationil Citi.cna Councils Ere deoi; ned and capable of worki:,g with exictin, orycnL,utzons, each La, Dr2, Cu.iz, Neighbor to ::ei_::bor, Inc., otc., es well rn the city and region. 4) T.IB 'er'on ^ ^.iti--ens Council rnd :iutionnl ^itizens ^,ouncil have strong P.id relicbleinput into .i hticn,.l o[flces ,:no tine i:etion-I l-�p:isl%tive proce6s In ' eshinEton, L.C. Fort CuliL;s :+ill nc•>d all tt-.e cor_tact: that can be [Lude use of ' in order to get the change made fro-- nl.scretionF,ry fuudin; to entitlement city funding. As you '.cr.ow, discretiennry fundir.0 r,enns extrs-nely 1i2ited funding even for the merry needed rro: rc-.:a ?ort Collins hve alre-dy 1::enti.ied. it nay well be t':ese contects throu h the Citizens Council can serve effectively in worl:ing out the chnn,;o from dieerc'tionsry' tv rr:title;:ent Pity c:te74ry and more funding. 31 45. Z' ;rk, � 'oin nowt Prim:,rily, we nurd to ;;oin now to h:.ve technical and profeEjeienal ucsie- ts,rce -in recdiness for helpir.._ in t1oc for,sotion o" t'r,e city-occi;ncted :itizene ' rerticipntion structure. Therefore, we cre sur"CUtirq. t?l:•t the 7ity ;nun. ii os' Fort Collins offici- ally join the Revion 8 Citizene Council r.nd ths. Y.,at nnl citizens Council. it seems to us to be a bc.rvein et 54CO3 in 1:T^t of :,11 the in;or,:etion, technical sesistence, treinine, and contects eveil,.ble tbrauph them. City Manager Brunton stated he wanied to introduce the new City Planner, Mr. Les Kaplan, who was conversant with Community Development Act. Mr. Brunton stated he and Mr. Kaplan would be attending a meeting on the Act, sponsored by HUD and the Colorado Municipal League. Mr. Kaplan made comments on the formulas provided for in the Act. City Manager Brunton stated this item would again be discussed at the Work Session on January 14, 1.975. No further action was taken on this item. 2. Mr. Charles Hagemeister introduced Mr. John Hughes, a member of the heritage Committee of the local Centennial -Bicentennial Commission, who presented plans to build a select replica of the Fort, established after Camp Collins was closed in August 1864.. Mr. Hughes introduced Mr. Art Jackson, Mr. and Mrs. Wayne Sundberg and Merta Cook of the Committee. Mr. Hughes said plans for the reconstruction include I six buildings; financing is expected to include federal and state aid to match "local participation from citizens, The land was first designated by the Council as a historical site on November 13, 1969; the group is not seeking City funding, only that the Council agree to set aside the City -owned land at the old City dump, adjacent to the Poudre River for this project. City Attorney March stated, if Council desired, all that was required was a motion to endorse the concept and authorize the use of the land for that purpose. Councilman Russell made a motion, seconded by Councilman Bowling, to endorse the concept and authorize the use of the land. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: Nnne: Request of the Concerned Citizens for Choice City Government Committee Mr. Andy Anderson appeared before Council and requested that Council recon- sider its action on the Library site selection and that this item be placed on the ballot for the City's General Election in April, 1975. Following are salient comments on this subject: Councilwoman Preble stated .'II am opposed to putting it on the ballot because , of our decision was made on the basis of many reports setting relationships of all the factors in the Capital Improvement program, discussion with con- sultants and other people and the voters have not had the chance to have'all this information and would not be voting on the facts. It is not a matter of 32 two equal choices; there are advantages and disadvantages to each one. Even ' the choice of these two sites was a matter of some study and decision making before we reached that point. If it were to be voted on, I have had people say they would like to be able to have a choice of some other sites in town; for instance, Spring Creek Park, which is more where the center of population is. And so we get into that whole issue. It includes many things involving value judgements and so there is no clearcut answer, my values are never going to completely coincide with someone else's, but they are going to affect my knowledge and intelligence and my decision. I think that since this is a value decision in many ways, if everyone, all the electorate , could study as many things as we have, we would come up with the same kind of vote as we did on the Council, and all it would prove is that it was a_difficult, LM controversial decision and that half the people would lose the vote and we would all lose many months of escalating construction costs. I feel U I was elected to make decisions after careful study of the facts, and it W would be improper to turn this responsibility over whenever there was a W difficult decision to make. I do not think that it is a matter of one question, but many. Do you want to help renew the downtown area by keep- ing the library downtown? Do. you want to have an art museum? Do you want to tear down. the old library? Do you want parks in the older part of town? Do you want to be able to expand the Pioneer Museum, the library and the art museum? Do you want to assist economically disadvantaged parts of town? And so forth. So it is not a matter of one question that you could ask people to vote yes or no on, I think that it is up to the Council to consider the total needs of the City and the best use of all the buildings, ' parks, etc., and it was still a very difficult decision for us to make, and certainly not a clear cut one, but I do not think we would get anything different by voting on it, and we would just lose time. Councilwoman Gray stated: "I would like to respond to Andy. ' I think he did ask two things; would the Council reconsider and would they place it on the ballot? I think that if any Council person is asked to reconsider, we will, if by that you mean vote again, either reaffinn, or if anyone wants' to change their minds; I suppose they do have that right. I feel that it was a difficult vote, and speaking for myself, six months ago, I would have voted for the former site. In all honesty, most of the people who have contacted me and most of the people who have sent letters, and most of the people that I have run into casually said " where do you want to keep the library:", or "where do you want to put the library?" they will say, "keep it where it is." I will admit that, I think though that we have had to make this decision, not on what what was popular or what was unpopular. I think that there was a lot of soul searching on everyone°s part, to vote for the present site, or for Washington Park. I do not bunk it was the best decision, that either place was the best decision; but we had to made a decision within a certain framework. What is and winat will be the long tern result, how much money do we have to spend, and how can we tie it into the entire City. We had to think of the effect of downtown redevelopment, we had to talk about what does indeed happen to Lincoln Park when people called me, and I mist say that the calls have really subsided over the last couple of weeks, and I have had an opportunity to talk to a lot of people about this, usually at Steele's -- oh, no commercials -- ar the supermarket or in the shopping center or downtown at the Shfeway, or King Sooper's, and it is very curious, because almost everyone said they .,anted to keep the library where it was. I say, "Well, ,hat do you mean you want to keep the library where it is?Fnd I'll get all kinds of replies. 'Nell, it is a 33 3.A real waste of money to tear down That old building, let's use it as it is." Then I will say, "You don't want a new library?" "No, not at all." Or ' someone will say "Let's put the library on those grounds." And I will say, "l^Aiat do you do about the old library?" "Well, tear the ugly old thing down." And then- you talk to someone else and they say, "How about that beautiful library building, keep it there, build anew library, but don't destroy that." Someone else will say, on the other hand, "Who needs that? Who needs a new library? Build an addition, only use brownstone." And they you say, "But what about room for the Pioneer Museum?" " Forget that old dump, we dori't need that, tear down the Pioneer Museum." So what I am saying, Andy, I think that you are right; I think that this is an issue that is tearing the City apart. I think that all of us could use some more informa- tion, but I think you are wrong when you say putting it on the ballot will resolve the issue, because when you want to see hair stand on end.like that, try resolving the problem then of what to do about that area. I am not saying that the reason I voted for the Washington Park site was to really avoid that problem, because I think we have an opportunity now for two good areas. We have got a good, usable Lincoln Park, attractive, unique across the state, a park that is used, a building that is structurally sound, and will .be used, and I don't know if Mr. Wilkinson remembers this or, not, but in Houston we had a conversation, and I can remember one of the things he saidthe important thing, when we were discussing this, is that we have got to have a good ink inative, useful library, and I don't think that there is anyone on this Council that thinks otherwise. But, no, I would vote against putting it on the ballot, because I don't think that the citizens would be able to really express themselves on how they felt in ' that way. Of course, if the citizens initiate it, we are bound by it. But I will have no part of putting it there; because I think it is a cop out." Andy Anderson stated: 'Madame Gray, you know if this goes, if the citizens have to go and petition to put this question on the ballot, and if this question wins, this in effect is a vote of confidence, against the four that voted for this site, and are now voting, possible voting not to put it on the ballot. This in itself will be a vote of confidence from the citizens, the voters, as to how they feel about how the Council's actions are. I believe only two of you will remain on the Council unless Dr. Fead and Madame Preble runs for re-election. I would like to ask this: "Since this, in effect, will be a vote of confidence, will the other two of you resign if this library site wins?" Councilwoman Gray stated: "Under .no circumstances. I am afraid that I am one of those tough cookies that will have to be thrown out. I mean that quite seriously. I really think we were given the responsibility of this decision, and in my own mind, after a lot of soul searching, this is what I voted for. One of the papers said something to the effect, or a letter to the editor said, " This is an ego trip." And I am not above having ego trips because we all need then once in a while. I don't need ego trips like this very often though. But seriously, I think that everyone on this Council made a. decision with their hearts and souls." Councilman Bowling stated: Mr. Mayor, I would like to answer part of that, ' and 1 would like to speak to the fact that I did and I was a part of the minority vote on this particular .issue, and I would first of all like to take great exception'to what Mr. Anderson has said, because Mr. Anderson has not only intimidated this person on the Ca.ncil, but me too. And Mr. Anderson, you know that I will not stand for intimidation from you or from anybody else: 34 31) 1 LO 00 L.� W 1 1 Andy Anderson stated: "Well, I don't think that I am trying to intimidate you, sir." Councilman Bowling: "T am not finished Mr. Anderson. I think that type of a comment is totally uncalled for, that this is a vote of confidence for this or that. Decisions are made and predicated upon facts; people read and soe and understand facts differently. I was one of those people who still understand the facts that were presented in a little different light than which the majority voted, and I still hold with that. But I will hold with that decision because those decisions were predicated on particular facts on which I had the change to vote. The Council did vote, and I would tell you that it is, I feel the right of the people, if they wish to take it to the ballot by referendum, that is the right and the right should never be taken from the people, because, if you take that right, you destroy repre- sentative government. But for you to come here and to say that it is a vote of confidence on this Council, I think is totally wrong, because then, I think you are destroying the very issue that we are looking at, and that is the proper site for Council. And so I take issue with you Mr. Anderson, and I tell you that you are wrong." Anderson: Anytime, Mr. Bowling, that the people feel that this Council has acted against their will, you can bet it is the American way to see that that. Council is removed. Now, if a question goes on the ballot, that questions the actions of. this Council, and it is affirmed by the voters, don't tell me that is not a vote of confidence. And irregardless of the way the people, the voters feel, you are bound and determined that you are going to set there. Am I correct in interpreting it that way? Regardless of how the voters feel on this issue, or any action." Councilwoman Preble: Who are you talking about as the voters? Do you know what everyone in this community would vote on this, is that what you are saying?" Councilwoman Reeves: "I would not resign either Andy. If I had voted irresponsibly, I think that is one thing. But this is just one isolated issue, and I would not resign on that. I think it would be irresponsible on my part to resign over just one issue. If I had been doing a'consistently terrible job of representing the people on many, many issues, I think that is another thing." Mayor Fead: "I would like to connnent on this for moment, since I am the other one that voted in favor of the site. I would like to point out that the decision was reached after careful study, it was by no means arbitrary as has been implied by many of the publications. Basically, it is a three part decision; the first part was, it was decided that the library should go on City owned land, which restricted us very much as to choice of location. The second part was, that it should be located in the downtown area to help bolster the downtown area. And the third part of the decision was then that it should be in Washington Park, as opposed to Lincoln Park and in favor of that particular decision, we had a master plan by our former City Planner, Bill Kane, we had a report from the Barton-Aschman Consulting Finn, we had staff studies, we had a recommendation from a committee -of DTT, and we had a request from the Landmark Commission that we not alter or destroy the current building. On the other hand, we had a recommendation from the Library Board offered before any of the studies or facts were presented to them, that it stay where it is. We have a library, that has been in the same place for 70 years. It is not at all surprising that therc.is 35 456 a lot of sentiment for keeping it there. But I think, if you take a look at it, you will understand that there is more than just: a book depository contemplated for the new library. It is going to be a cultural center which ' will generate much more traffic by 1979, it estimated that the staff will more than double, the library consultants, not the planning consultants or anybody else, but the library consultants said that the economies of scale were with a single central library up to a population of 75,000 which we have not reached as yet. At 75,000, they recommend that we consider branch libraries. If the economies of scale are with us up to that point, then the traffic should be expected to increase more than the staff. So we would expect more than double the amount of traffic, hopefully it will be greater than that if the cultural aspects of the center are as successful as we hope they will be. So the perimeter parking that is available in the vicinity of Lincoln Park is not sufficient, no way. And that means that we have to take a look at where we put the parking; the City budget is very limited. The City budget for next year is going to be much more limited than it is for this year. To acquire commercial property is very difficult, and expensive, and if we limit ourselves to that, it is going to be even more so. To acquire residential property in that area is going to displace people from housing, for which even if they get a fair appraised price, they will not be able to replace it. And there are a lot of retired people living over in that area who will end up being forced into one of the retirement communities or one of the rest homes if we do this. I, p.+ersonal.lv,, don't feel comfortable with that sort of decision. We have also received a communication from the Fort Collins Friends of the Library which says in part: "We support the Washington Park site approved by the City Council at their December 12th meeting: There was ample opportunity for citizen input ' regarding the site selection prior to the Council's decision. DDT sponsored a series of informational meetings, two poorly attended public forums were held, and tbe�Council discussed the issue at several meetings. Ile, there- fore urge the City to proceed with construction without delay." We are by no means simply sitting here arbitrarily making a decision. Now, I think if the matter is to go on the referendum, that I should eery much like to see the public review all three parts of that decision. Because it has been pointed out to me by a number of citizens that perhaps the library should be much closer to the corner of Prospect and College than the downtown area, because that is closer to the growing area of Fort Collins. The Foothills Fashion Mall has been suggested as a nice location. I think all of the things should be considered by the public. I don't think- it should just be the one decision between Lincoln Park and Washington Park. And I feel very strongly that, personally, that what the Council has decided on all three counts is in the best interests of the City." Library Board President, Sarah Bennett, suggested that a ccnsnittee be formed to study all of the reports made on the library and to discuss ary recom- mendations for both sites were made. Messers Watrous and Shepardson also spoke to the subject. Ordinance adopted on second reading are*idiing the Code relating to rates for the ln'ater Utility Mr. Neal Morehart, 220 Ridgelawn Drive, requested that Council review the ' rates being charged to water customers on City lines outside the City limits, adding the present rates for country metered customers are disproportionately high. 36 6 Mr. M Mara Hansen, Water Resources Consultant, inquired what percentage of the increase would be used to pay for new growth. City Manager Brunton responded to the inquiry, stating that at the time the Water Board made their recommendation to the Council on the increases, it was based on the Black and Veatch Rate Study. City Attorney March stated there had also been an increase in the Plant Investment Fee which was designed to require that growth pay for the cost of gronath. Councilwoman Gray. inquired into the status of the water meter report. City Manager Brunton stated this item would be addressed at the work session. ilj Councilwoman Reeves made a motion, seconded by Councilman Russell, to adopt Crdinance No. 65, 1974 on second reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. ORDINANCE N0. 65 1974 BEING AN ORDINANCE AMENDING CHAPTER 112 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO RATES FOR THE WATER UTILITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 112-52 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "Section 112-52. Flat. Rates for Unmetered Water Use. "The following flat rate shall be charged on a monthly basis for the use of water from the water utility when the use is not metered. "A. For each family living unit, three dollars and seventy-five cents ($3.75). B. For each lot having an area between six thousand (6,000) and nine thousand (9,000) square feet, an additional three dollars and twenty cents ($3.20). "C. For each lot having an area over nine thousand (9,000) square feet, an additional six cents ($.06) per one hundred (I00) square feet in excess of nine thousand (9,000) square feet. "D. For each lot having an area under six thousand ' (6,000) square feet, a deduction of six cents ($.06) per one hundred (100) square feet under six thousand (6,000) square feet. 37 ON "E. The rate to be charged for such flat rate use shall be the sum of the amounts determined pursuant to the applicable portions of sub- sections A through D above, except that no flat rate user shall be charged less than the monthly minimum charge per family living unit which minimum shall be four dollars and fifty cents ($4.50)." Section 2. That Subsection A of Section 112-55 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "Section 112-55. Meter Rate Schedules. "A. Schedule A: Inside City Metered Rates. "(,I) Minimum Charge. The monthly minimum charge for all metered users shall be as follows: "a. Residential customers, three dollars and seventy-five cents (.$3.75) for the first dwelling unit, two dollars and twenty-five cents ($2.25) for each additional dwelling unit. "b. Nonresidential customers: Mc -ter Size Monthly (in inches) Minimum Charge 3/4 $ 3.75 1 6.25 1 1/2 12.50 2 20.00 3 37.50 4 62.50 6 125.00 8 200.00 The minimum charge determined pursuant to Subsection A(1) above will entitle any non- residential user to two thousand (2,000) gallons of water per month without additional, charge and will entitle any residential customer to two thousand (2,000) gallons of water per month times the nuaber of dwelling units served. The charge to be made for all water taken through the meter after the allowance for the minimum charge shall be charged for at the rate of thirty cents ($..i0) per one thousand (1,000) gallons." 1 1 fl 38 WR 1 Section 3. This ordinance shall be effective ten (10) days after final passage in accordance with the provisions of the. Charter of the City of Fort Collins, provided that charges for water shall continue on the basis of the previous rates until the -end of the current billing period for each customer of the water utility after which time each such customer shall be billed at the rate set forth in this ordinance. Introduced, considered favorably on first reading and ordered published this 19th day of December, A.D. 1974, and to be presented for final passage on the 7th day of January. A.U. 1975. ATTEST' , r+ City Clerk r Passed and adopted on final reading this 7th day of January, A.D. First reading: December 19, 1974 (Vote: Yeas: 7, Nays: 0) Second reading: January 7, 1975 (Vote: Yeas: 7, Nays: 0) Dates published: December 24, 1974 and January 12, 1975 -? /._ Attest:// �CG - ' C1-`f-�i����• G V ✓G� City Cler Ordinance adopted on second reading Annexing Strachan Third Annexation to the City of Fort Collins Director of Gonupunity Development, key Bimmman, stated this ordinance had been approved by the Council on first reading and at that tire, the dcvel- opers had agreed to meet with residents in the area who had expressed oppo- sition. Mr. Eugene Fischer presented a -copy of a letter sent to area residents and requested that Mr. Jerry Johnson speak to the contacts with the residents. Mr. Lawrence Amicarella, 1315 Kirkwood Drive, stated he felt very comfortable with the way HCI, Inc., has addressed the problems. 39 4U. Councilman Wilkinson made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 69, 1974 on second reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Wilkinson. Yeas: None. (Councilman Russell out of room) ORDINANCE NO. 69 , 1974, BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO. THE CITY OF FORT COLLINS WHEREAS, heretofore, a written petition was filed with the City Clerk requesting the annexation of certain territory to the City of Fort Collins, and WHEREAS, the City Council has taken the necessary steps and held the hearings as required by law and has determined that said territory is eligible for annexation and should be annexed to the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE ` CITY OF FORT COLLINS: Section 1. That all of the territory more particularly described as situate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the NE 1/4 of Section 25, Township 7 North, Range 69 West of the 6th P.M. which considering the North line of said Section 25 as bearing N 89045' E and with all bearings contained herein, relative thereto, is contained within the boundary lines which begin -at a point on the East line of said NE 1/4 which bears S 00°36' E 123.68 feet from the Northeast corner of said. Section 25 and ru thence S 00*36' E 610.00 feet; thence S 89024' 14 375.00 feet; thence N 43041'30" W 410.37 feet; thence N 00'15` W '438.00 feet to a point on the North line of said Section 25; thence N 89°45' E 320.69 feet; thence along the arc of a 191.00 foot radius curve to tiie right a distance of. 101.67 feet, the long chord of which bears S 75000' E 100.48 feet; thence S 59045' E 1'9.7'1 feet; thence along the arc of a 191,00 foot radius curve to the left a distance of 102.92 feet, the long chord of Z•;hich bears S 75°11'15" E 101.68 feet; thence N 89°22130" E 17.20 feet to the point of beginning 1 1 41 C to U W W 1 7 � J be and it hereby is annexed to the City of Fort Collins and made a part of said City to be known as The Strachan Third Annexation•to the City of Fort Collins. Section 2. That in annexing said territory to the City of Fort Collins, the City of Fort Collins does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the territory hereby annexed except as may be provided by the ordinances of the City of Fort Collins. Introduced, considered favorably on first reading and ordered published this 19th day of December, 1974, and to be presented.for final passage on the 7-rh day of January, 1975. - yor i ATTEST: G' G City Clerk Passed and adopted on final reading this % — day of January, 1975. ATTEST: City Clerk 41. 4Z First reading: December 19, 1974 (Vote: Yeas: 7, Nays: 0) Second reading: January 7, 1975 (Vote: Yeas: 7, Nays: 0) Dates published: December 24, 1974 and January 12, 1975 Attest: - City Clerk Ordinance adopted on second reading zoning Strachan Third Annexation Mg, Barbara Rutstein, 2919 Oxford Court, stated a pleasant meeting had been held with the architects and the developers, and they had found that the basic disagreement was with the Planning and Zoning Board and the Planning Staff. That being that a business zone was not appropriate for this area. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 70, 1.974 on second reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO. 70 , 1974 BEING AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE OF THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE. PROPERTY INCLUDED IN THE STRACHAN THIRD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the Zoning District Map adopted by Chapter 118 of the -Code of the City of Fort Collins, be and the same hereby is changed and'amended by including the property known as the Strachan Third Annexation to the City of Fort Collins, Colorado, in the R-P Planned. Residential and B-P Planned Business District. The portion of said annexation to be included in the R- P planned Residential District is more Particularly described as follows: 1 1 1 42 43 ' A tract of land situate in the NE 1/4 of Section 25, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, which considering the North line of said Section 25 as bearing N 89045' E and with all bearings contained herein, relative thereto, is contained within the boundary lines which begin at a point on the East line of the said NE 1/4 which bears S 00036' E 570.68 feet from the Northeast corner of said Section 25 and run thence S 00036' E 163.00 feet along said East line; thence S 89124' W 375.00 feet; thence N 43041130" W 410.37 feet; thence N 00°15' W 438.00 feet to a point on the North line of said Section 25; thence N 89°45' E 66.69 feet along said North line; thence S U 00°15' E 224.27 feet; thence along the arc of'a 347.87 Ci] foot radius curve to the left a distance of 548.56 feet, the long chord of which bears S 45025130" E 493.46 feet; thence N 89°24' E 239.50 feet to the point of beginning, containing 2.9708 acres, more or less. The portion of said annexation to be included in the B-- P Planned Business District is more particularly described ' as follows: A tract of land situate in the NE 1/4 of Section 25, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, which considering the North line of said Section 25 as bearing N 89°45' E and with all bearings contained herein, relative thereto, is contained within the boundary lines which begin at a point on the East line of the said NE 1/4 which bears S 00036' E 123.68 feet from the Northeast corner of said Section . 25 and run thence S 00036' E 447.00 feet along the East line of the said NE 1/4; thence S 89124' W 239.50 feet; thence along the arc of a 347.87 foot radius curve to the right a distance of 548.56 feet, the long chord of which bears N 45025'30" W 493.46 feet; thence N 00015' W 224.27 feet to a point on the North line of said Section 25; thence N 89°45' E 254.00 feet along said North line; thence along the centerline of East Drake Road along the arc of a 191.00 foot radius curve to the right a distance of 101.67 feet, the long chord of which bears S 75000' E 100.48 feet, and again S 59°45' E 3.39.77 feet, and again along the arc of a 191.00 foot radius curve to the left a distance of 102.92 feet, the long chord of which bears S 75011'15" E 101.68 feet, ' and again N 89122130" E 17.20 feet to the point of beginning, containing 6.6217 acres, more or less. 43 44 Section 2. The City Engineer is hereby authorized and directed to amend said Zoning District Map in accordance ' with this ordinance. Introduced, considered favorably on first reading, and ordered published this 19th day of December, A.D. 1974, and to be presented for final passage on the , Th day of January, A.D. 1975. r yor ' I ATTEST: ,1� City Clerk Passed and adopted on final reading this day of January, A.D. 1975. , M ATTEST: City Clerk First reading: December 19, 1974 (Vote: Yeas: 7, Nays: 0) Second reading: January 7, 1975 (Vote: Yeas: 7, Nays: 0) Dates published: December 24, 1974 and January 12,1975 Attest: City Clerk Vacation of Utility Easements in the Extension of K-Mart Plaza Subdivision approved Director of Community Development, Roy Bingman, stated this. is a request for a vacation of a utility casement in conjtoiotion with the K-Mart site; the easement involved is in an area previously requested and approved by the Council of the ;Market building at the north end of the building. 1 44 45 The request'is for a vacation where the addition will be. The complicating factor is that Albertson's has concluded an agreement with Naradel, the utilities are in place and Albertson's want to know that the easement will be vacated before theygo ahead with their building permit. A further com- plication is that Council has expressed concern about the landscaping that has not been installed as agreed upon. Naradel has agreed to post a $20,000 bond to assure that this will be taken care of. City Attorney March stated the Council, at this meeting, was not being asked to vacate the easement, they are being asked to commit'to 'vacate it when the conditions are met. He had reviewed the bond, and it is not in satis- factory form at this time. He. therefore, recommended that, if Council u� desired, they agree that they will vacate the utility easement upon a satisfactory bond being filed and upon the existing utilities being relocated. WMr. Jack Williams of the First National Bank explained that Albertson's problem was a matter of timing. Councilman Bowling made a motion, seconded by Councilman Russell, to agree to vacate the utility easement at such time as a bond satisfactory to the City Attorney's office is filed and the utilities are relocated in 'a new easement satisfactory to the departments concerned. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ' Airport Master Plan referred to DT2 Airport Committee City Manager Brunton read the following letter from the City of Loveland: Dear Mayor Fead and Ladies and Gentlemen of the Council: Reference is made to the proposed Airport Master Plan and related Environmental Impact Assessment for the Fort - Collins -Loveland Municipal Airport.; The Loveland City Council_ discussed this matter at their January 6, 1975 study session.' Based on this dis- cussion the Council directed me to _provide you with their initial position on this matter: The overall objective of the Loveland Council is to maintain the existing airport in as strong a position as possible in order to protect the existing investment of the two cities in the facilitv.'`Thus, the Council does not see the Master. Plan as an ultimate goal in it- self, but as a guide for the development of the airport if and when the need dictates. Within this framework, the Council feels that the following factors should be used as, goals and objectives for the airport: 45 4 CG: .V 1. The airport should be expanded to meet the nor- mal growth needs of general aviation for the two cities. - 2. The airport should be expanded to eliminate ex- isting safety problems. 3.-.Additional industrial development, if any, should pay its fair share of any improvements that are required beyond the normal growth and'safety needs. 4. Zoning and land use protection should be initiated immediately by Larimer County. 5. Other than small comawter air service, the air- port should not be developed as a full service commercial jet passenger facility. Finally, the Council definitely feels that the two city councils should meet in the near future in an attempt to arrive at a mutually acceptable decision. However, they were also aware of the fact that you would be discussing this matter at your January 7, 1975 meeting. Thus, they Wanted me to make you acaare of their position. Sincerely yours, (CITY OF LOVELAND Don W. Hataway ;City Manager. City INta_nager Brunton also inquired how Council washed to proceed with the Airport Committee of DT2: Mayor Fead commented on statements made by Council members and added that the cities need a master plan, the letter from Loveland indicated some basis for an agreement. He would like to receive the continents from the Airport DTZ Committee and the Airport Board. Councilman Wilkinson stated that if. Council requested input from DTZ Airport Committee, that they -should give them some guidance. City Manager Brunton suggested that the DT2 group should meet with the Council and get direction and the City Councils of Loveland and Fort Collins should meet. 1 1 1 4G 4 `1 Councilwoman Reeves stated the City is required to adopt a plan in order ' to receive federal funding. Councilman Bowling made a motion, seconded by Councilwoman Gray, that the DT2 Airport Committee have a report ready for the City Council by April 1, 1975 and that the $25,000 City contribution should be kept in the General fund and not transferred to the Airport Fund until directed to do so by the Council. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. City Manager Brunton stated one thing should be made clear; that being that the City Councils of Loveland and Fort Collins had approved the application for apron improvement and apron expansion. This is still pending before the FFA. 00 .—i C-) Councilman Russell inquired if the Council should take a consensus vote on :z] the present proposed Master Plan. (Consensus vote taken on the disagreement W with the proposed Master Plan). Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Resolution adopted appointing Howard V. Lowell to the Zoning Board of Appeals Councilwoman Reeves made a motion, seconded by Councilman Bowling, to insert the name of Howard Lowell in the resolution. Yeas: Council members Bowling, Fead, Preble, Reeves, Russell and Wilkinson. Nays: None. (Councilwoman Gray out of room) Councilman Russell made a motion, seconded by Councilman Wilkinson, to adopt the resolution. Yeas: Council members Bowling, Fead, Preble, Reeves, Russell and Wilkinson. Nays: None. (Councilwoman Gray out of room) RESOLUTION 75-3 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING A MEMBER TO THE ZONING BOARD OF APPEALS TO FILL AN EXISTING VACANCY WHEREAS, a vacancy exists on the Zoning Board of Appeals because of the resignation of William Chilton as a member of such Board; and WHEREAS, the City Council desires to make an appointment to said Board to fill out the remainder of the unexpired term of William Chilton; and {AREAS, the City Council desires to appoint Howard Lowell to fill such vacancy and he has indicated willingness to accept such position. ' ' NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that. Howard Lowell be, and he hereby is, appointed as a member of the Zoning Board of Appeals to fill out the remainder of the unexpired tern of William Chilton on said Board. 47 4" N Passed and adopted at a regular meeting of the City Council held this 7th day of January, A.D. 197S. Resolution adopted appointing members to the Board of Directors of the Pioneer Museum City Attorney March read the resolution at length. Counciln,,onian Reeves made a motion, seconded by Councilwoman Preble, to adopt the resolution. Yeas: Council membersBowlina, Fead, Preble, Reeves and Wilkinson. Nays: None. (Council members Gray and Russell out of room) Fj RESOLUTION 75-4 OF THE COUNCIL. OF THE CITY OF FORT COLLINS ' APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE PIONEER MUSEUM TO FILL EXISTING VACANCIES WHEREAS, two vacancies exist on the Board of Directors of the Pioneer Museum; and WHEREAS, the City Council desires to make appointments to said Board to fill the existing vacancies; and WHEREAS, the City Council desires to appoint Martha Trimble and Earl Abbott to fill such vacandies and they have indicated willingness to accept such positions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF. FORT COLLINS that Martha Trimble and Earl Abbott be, and they hereby are, appointed as members of the Board of Directors of the Pioneer Museum to fill the existing vacancies on said Board, with terms to expire as follows: Martha S. Trimble July 1, 1978 Earl Abbott July 1, 197S Passed and adopted at a regular meeting of the City Council , held this 7th day of January, A.D. 1975. 4-Q 414 ATTEST: City Clerk LO 3 Agreements with Architectural Firms UJ for various public buildings approved W 1. Library Everett and Zeigel, Boulder, Colorado. City Manager Brunton stated that since the Library and the City Hall will. be in the same block, it is essential that there be a master plan. Everett and Zeigel will work with Robb and Brenner. The City Attorney's recommendation is as follows: Library Building. This agreement is also on the standard AIA form. The compensation to the architect is set forth on page 2 and provides for a fee, that is either fixed at $125,000.00 or based on time plus direct expenses, as set forth in Article 14. Additional services are to be paid for on a time plus direct expense basis, except that a maximum fee for some additional. services is set forth. I was also furnished an alternate which would set the fee on a percentage of construction cost of time plus expense charge, whichever is less. In both cases you should review the additional services listed under 1.3 since these would be in addition to the, hase fee under either the percentage of construction costs method or the fixed fee method. I would further recommend that the same changes that were made to the basic form on the Colorado Building agreement be made to this agreement, also, it should be noted that the Everett-Zeigel agreement on the library anticipates possible site difficulties with the presently selected site and provides that the percentage fee is not to be adjusted if the site is changed prior to the completion of the schematic design phase. Councilwoman Preble made a motion, seconded by Councilman Wilkinson. to approve the contract with Everett and Zeigel for architectural services for the library with the changes recommended by the City Attorney. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Councilwoman Reeves made a motion, seconded by Councilman Bowling, to ' approve the following recommendation: The Library Board should be designated as the primary advisory group in work- ing with the architect on the function, programs and design of the new build- ing. A great deal of the work has been done by Gibson and Rohlf, the Library consultants. The final preliminary design should be reviewed by 010 the Library Board and recommendation made to the City Council. Yeas: ' Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. 2. City }fall remodeling and addition Robb and Brenner. City Attorney's comments: Municipal Building Agreement. The fee proposed is based on a percentage of the construction cost as set forth on page 2 of the agreement. We prepared this agreement using the basic AIA form. Amendments sere made on the standard form striking from additional services matters pertaining to investigation of the existing facility to be remodeled, since it appears this should be part of the basic services. In reviewing this you should note particularly the items listed under paragraph 1.3 which are classified as additional services and for which the Architect will be paid additional compensation over the percentage of construction cost. We also made a change in the basic form so that it would be clear that the multiplier to be used in computing pay for additional services is to be based upon the employees' salary without consideration of cost of other employee benefits. We also changed the agreement to provide that the work product is to be the property of the City; however, the City would not be able to use this product without the written agreement of the Architect. Councilman Bowling made a motion, seconded by Councilwoman Preble, to ' approve the contract with Robb and Brenner for the City Hall remodeling and addition. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. 3. Fire Station or Stations and 'Draining Facilities -- Jim Cox, Fort Collins, Colorado. City Manager Brunton and the City Attorney spoke to the subject. Folowing are the City Attorney's comment: Training Facility for Fire Department. This agreement also .provides for compensation based on a multiplier of principals' and employees' time. There is no top figure on this agreement and if one is intended, it should be added. I would recommend that the same changes be made to this agreement as were made to the agreement with Robb $ Brenner on the Colora.dean Building. Fire Station "A". The Architect's compensation under this agree- ment is to be a flat fee plus expenses based upon applying a rau'_tiplier to salaries. You should note that the multiplier is more for additi.caal services than for basic services and you should therefore review care+:ugly the items set forth under 1.3 to determine if any of these should b reclassified as basic services. You should also note on page 2 thaa the agreement contemplates completion within eight months. This may be a ' reasonable time frame; however, we would recommend that a longer time s0 5 1::. be used so thatit is not necessary to renegotiate the agreement. Under ' the City Charter we can have personal service agreements up to two years without renegotiation. Again, you should note that there is no top figure for the total payment to the Architect. We would recommend that the same changes be made to this agreement as were made to the Robb $ Brenner agreement on the Coloradoan Building. Fire Station "B". The same comments made with regard to the Fire Station "A" agreement are applicable. Councilman Wilkinson made a motion, seconded by Councilman Russell, to approve the architectural agreement with James A. Cox for Fire Station or 00 Stations and Training facilities with the changes recommended by the City .••a Attorney. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, C.j Russell and Wilkinson. Nays: None. W 4. Auditorium -- Stearns -Rogers, Denver, Colorado. City Attorney March stated the only comment he had made was the basic owner- ship of the documents. Councilwoman Reeves made a motion, seconded by C".uicilwoman Gray, to approve the agreement iith Stearns -Rogers for the auditorium with the change recom- mended by the City Attorney. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. 5. Remodeling Coloradoan Building -Robb and Brenner, Fort Collins, Colorado. Councilman Russell stated he would like to "make another statement concerning the use of the Coloradoan (Building). I would like to give you some reasons why I feel the Coloradoan is a good location and building for the Police Department. I accept the design as not being efficient for a Police Station. I do not accept the premise that it can't be remodeled into a very efficient station. I accept the fact that it has 22,800'square feet, which is -more than required in,,the report. I also say to you as Bob has mentioned that within 6 to 8 months, according to Art and Judge Miller, we will have to have a new City Court, and that this is a prime location for the City Court in the Police Station I question the location of a Parks and Recreation facility there using the same premise that the Library is not good for *_fiat area. then neither would the Recreation Department complex be good for that area. I also suggest to you that the Parks and Recreation is desperately in need or'a building, but it. is not necessarily that building. That perhaps a better building would be the Number 2 Fire Station which we have the possibility of abandoning, which is next and near by the park facilities. That oTould be a better loca- tion than the Coloradoan Building for uses which are listed, fun -time, for instance, we could take out of their program. ' The other point I ti;,antod.to make is that while the memorandum suggests that there is.a weakness of parking in the area, the Police Department would use less park -big than recreation, and of an entirely different nature. Then if we proceed with making Remington Street a through street, I should not think we would encourage parking along that area. I also want to suggest 51 O Z, that that alleyway is a very unique alleyway because it goes north and south and it also goes east and west. It makes a "T" type alley and talking, with some of the merchantsin the area, if we close the top half of the "T", therefore ' making it an "D' alley, we would gain considerable parking for either Parks and Recreation or a Police Station. I think there is some valuable space to be picked up there. In relation to the possibility that we have a Criminal .Justice Center of combined facilities with the City and the County, I think you are talking so many years ahead of the time we may not be ready for it. I think you are probably reading the County right when you are hearing from them, that there is no great objection to a combined jail with the City, and perhaps combined communications. I think that you are failing to realize that the other connection is quite a long way off. That is all I have to say about it, except one more thing I almost forgot. If you move the Police Station from City Hall, and the Police Station is in trouble now because they are in real bad cramped quarters, we are paying rent across the street of how much, Charlie? $500.00 a month to ease them along. If you would take the Police Station out of this building, then you will come up with 'T' amount of square footage to be used by the City's Administration. And, in truth, there will be a great deal of remodeling cost there, but it is still, in my opinion, cheaper than considering the new City Hall, or whatever!' Councilman Bowling spoke to the parking area, adding he did not feel a Police building,_ on that site would generate revenue, as would the Parks and Recrea- tion Department. City Manager Brunton also addressed the possibility of using the Fire Station sites for Parks and Recreation areas. , Councilman Wilkinson spoke to the possible use of the old power plant site and how it will be utilized. City :Manager Brunton also addressed the Remington Street question. Councilman Bowling made a motion, seconded by Councilwoman Gray, to establish that the Col.oradoan Building will be used for Parks and Recreation purposes. Yeas: Council members Bowling, Fead, Gray, Preble and Reed=es. Nays: Council members Russell and Wilkinson. Councilman Bowling made a motion, seconded by Councilwoman Preble, to approve the architectural agreement with Robb and Brenner, Fort Collins, Colorado, for remodeling the Coloradoan Building. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. b. Addition to Pioneer i:usewm -- Robb and Bremer, Fort Collins, Colorado, Councilwoman Reeves made a motion, seconded by Counci mwu Wilkinson, to approve the architectural agreement with Robb and Brenner for the additinn to the Pioneer Muse'xn and that the Pioneer i,fuseuun Board be designated to work with the architects. Yeas: Council members B�vlling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Councilman Bowling made a motion, seconded by Councilwoman Reeves, to author- ' ize the City Manager and City Clerk to execute all of the agreements. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson, Nays: None. 52 Other Business Councilman Russell stated he wanted to make a suggestion to the Council, that an acquisition of park land; a policy be established, wherein the developer would bring the plans to the Conceptual Review Committee, then to H. R. Phillips to determine the feasibility of a park in the area, thus allowing the City to determine whether they wish to purchase at that time. City Manager Brunton stated H. R. Phillips would be brought more completely into the Conceptual Review Committee. No further action was taken on this item. JO Adjournment W Councilwoman Reeves made a motion, seconded by Councilman Russell, t1at the Council adjourn. Yeas: Council members Bowling, Fead, Gray, Preble,! Reeves, Russell and Wilkinson. Nays: None. ATTEST: / Czty erk 53