Loading...
HomeMy WebLinkAboutMINUTES-01/21/1975-RegularJanuary 21, 197S COUNCIL OF 'I"HE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government , Regular Meeting - S:30 P.M. A Regular Meeting of the Council of the City of Fort Collins was held on Tuesday, January 21, 197S at 5:30 P.M. vi the Council Chamber in the City of Fort Collins, City Nall. Mayor Fead called the meeting to order. Present: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Staff members present: Brunton, DiTuilio, Bingm. n, Kaplan, Deibel, Smith Cain and Lewis. Also: City Attorney March. Mayor Fead welcomed the members of the CSU Technical ,Journalism and Sociology classes to the Council meeting. Approval. of Minutes of Regular Meeting of January 7, 1975 tabled Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to table approval of the minutes as they have just been received. Yeas: Cou-Lcil. members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. City Aluiager Brunton requested City Plarvrer, Les F,aplan, introduce the two ' newest members of the Planning Staff. Mr. Kaplan introduced James Woods and Richard Geshwiler. Transfer of Deed for U.S. Forest Service Acreage tabled. City Manager Brunton stated the representatives of the Forest Service had requested this item be deferred to the second meeting ur February. Councilman Russell made a motion, seconded by Councilman Bowling, to table this item until the Forest Service can make the presentation. Yeas: Council members Bowling, Fead, Gray, Preble,Reeves, Russell and Wilkinson. Nays: None. Ordinance adopted on second reading zoning Sonoran View Estates Annexation Councilwoman Gray made a motion, seconded by Councilman -Wilkinson, to adopt Ordinance No. 1, 1975 on second reading. Yens: Council members Bowling, Fead, Gray, Preble, Reeves, Russeli and Wilkinson. Nays: None. ORDINANCE NO, 1 , 197S I .BEING AN ORDNANCE AMENDING CHAPTER 118 OF THE CODE OF T111: CITY OF FORT COLLINS, COI\CdONLY YN011TN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE SONORAN VIEW ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO 54 55 BE IT ORDAINED BY TH E 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 Sonoran View Annexation to the City of Fort Collins, Colorado, in the R-L Low Density Residential District. LM Section 2. The City Engineer is hereby authorized and directed x to amend said Zoning District Map in accordance with this ordinance. r-i U Introduced, considered favorably on first reading, and ordered ^� published this 7th day of January, A.D. 1975, and to be presented for final passage on the 21st day of January, A.D. 1975; _Lai :�✓�1/, � �� ATTEST: Mayor ' City Cleric Passed and adopted on final reading this 21st day of January, A.D. 1975. r- ATTEST• 3-ty Clerk First reading: January 71 1975 (Vote: Yeas: 7, Nays: 0) Second reading: January 21, 1975 (Vote: Yeas: 7, Nays: 0) Dates published: January 12 and 26, 1975 Attest: City Cier ' Ordinance adopted on second reading prescribing terms for application for water allotment from Northern Colorado Water Conservancy District - City Attorney'hiarch stated a motion was necessary to delete the last sentence in Section 3. The ordinance was originally drawn by the Conservancy District as an emergency ordinance; the City elected not to do so, but did not remove the 1 anmjacyc. 55 Councilwoman Preble made a motion, seconded by Councilman Bowling to delete the last sentence in Section 3. Yeas: Council members Bowling, Fead, Gray,l'reble, ' Reeves, Russell and Wilkinson. Nays: None. Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 2, 1975 as amended on second reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO. 2 , 1975 BEING AN ORDINANCE TO APPLY AND CONTRACT FOR BENEFLCIAL USE OF WATER ON BEHALF OF THE CLTY OF FORT COLLINS, COLORADO, A MUNICIPAL CORPORA- TION, AND PRESCRIBING THE TERMS FOR APPLICATION FOR AN ALLOTMENT OF WATER TO SAID CITY OF FORT COLLINS BY NORTHERN COLORADO WATER CONSERVANCY DISTRICT WHEREAS, under the Plater Conservancy Act of Colorado, Chapter 150-5 of the Colorado Revised Statutes.of 1963, it is necessary that the City Council of the City- of Fort Collins, a Colorado.municipal. corporation (hereinafter called."Anpli.cant"), in order to obtain an allotment contract for the beneficial use of water from Northern Colorado Water Conservancy District, shall by ordinance, authorize and direct the Mayor and City Clerk to apply to .the -Board of Directors of said District ' for such water allotment contract. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO: Section 1: That the. City of Fort Collins elects to apply for an allotment contract providing for the beneficial use of three hundred seventy-four (374) acre-feet of water from Northern Colorado Water Conservancy District. Section 2: That the Mayor and City Clerk be and are hereby authorized and directed to apply to the Board of Directors of said Northern Colorado Water Conservancy District for a contract allotting to the applicant the beneficial use of water upon terms prescribed by said Board, in the -manner and form as this.lsecti.on provided ;;'to=wit: r" APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR WATER ALLOTMENT CONTRACT Applicant, City of Fort Collins, a Colorado municipal corporation, , hereby applies to Northern Colorado I -later Conservancy District, a political subdivision of the State of Colorado, organized and existing by virtue of Chapter 150-5, Colorado Revised Statutes, 1963, for an allotment contract for beneficial use of water under the following terms and conditions: 1. The quantity of water herein requested by Applicant for annual ' application to beneficial use is three hundred seventy-four (374) acre-feet to be used so long as the Applicant fully complies with all of the terms, conditions, and obligations hereinafter set forth. 1 2. It is understood and agreed by the Applicant that any water allotted by the Board of Directors of said District shall be for domestic, irrigation, or industrial use within.or through facilities or upon lands owned or served by said Applicant, provided however, that all lands, facilities, and serviced areas which receive benefit from the allotment (whether water service is provided by direct delivery, by exchange, or otherwise) shall be situated within the boundaries of Northern Colorado Water Conservancy District. 3. Applicant agrees that an acre -.foot of water as referred to herein is defined as being one -three -hundred -ten -thousandth (1/310,000) of the quantity of water annually declared by the Board of Directors of the District to be available for delivery from the water supplies of the District. Applicant agrees that such water shall be delivered from the works of the District at such existing District delivery point or points as may be specified by the Applicant and that the water delivery obligation of the District: shall ter- minate upon release of water from said works. Further, the Applicant agrees that on November I of each year, any water undelivered from the annual cuan.- tity made available to the Applicant shall revert to the water supplies of the District. 4. Applicant agrees to pay annually for the amount of water herein allotted by the Board of Directors of said District at a price per acre- foot to be fixed annually by said Board; and, further, agrees that the initial annual payment shall be made, in full, within fifteen, (15) days after the date of notice from the District that the initial payment is due hereunder. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price per acre-foot which is applicable to that year. Annual payments for each year thereafter shall be made by the Applicant on or before each October 1 at the rate per acre-foot established by the Board for municipal water allotments in that year. If an annual payment, as herein provided, is not made by due date, written notice thereof, by certified mail, wial be given by'said District to the Applicant at the following address: P. 0. Box 580, Fort Collins, Colorado 80522. If payment is not made within thirty (30) days after the date of said written notice, Applicant shall have no further right, title, or interest under this contract; and the allotment of wafer, as herein made, shall be disposed of at the discretion of the Board of Directors of said District. ' 5.'As security to the District, the Applicant agrees that the foregoing covenant of annual payments will be fully met by annual budget and appropri- ation of funds from such sources of revenues as may be legally available to said Applicant. 57 6. Applicant agrees that the grater allotment shall be beneficially used ' for the purposes and in the manner specified herein, and that this agreement Is made for the exclusive benefit of the Applicant and shall not inure to the benefit of any successors or assigns of said Applicant without prior specific approval of the Board of Directors of said District. 7. Applicant agrees to be bound by the provisions of the Water Conservancy Act of Colorado; by the Rules and Regulations of the Board of Directors of said District; and by the repayment contract of July 5, 1938, between said District and the United States and all. amendments thereof and supplements 8. Applicant agrees, as a condition of this contract, to enter into an. "operating Agreement" with said District if and when the Board of said Dis- trict finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard < allotment contracts of the District; additional annual monetary consideration for extension of District delivery services and for additional administration, operation and maintenance costs; or for other costs to the District which may arise through provision of services to the Applicant. Section 3: In the opinion of the Council of the City of Fort , Collins, the acquisition of a water allotment contract from Northern Colorado Water Conservancy Dist rict.and.the right to the beneficial use of water thereunder by said City of Fort Collins is necessary; that the continued acquisition and use of this water supply is essential for the well-being of the community and for the preservation of the public peace, health, and safety; and that the adequate protection of the health of the inhabitants of the community requires an immediate increase in Applicant's water supply. introduced, considered favorably on first reading, and ordered published this 7th day of January, A.D. 1975, and to be presented for final passage on the 21st day of January, AD. 1974. ATTEST • ^ Mayor City Clerk 58 ' Passed and adopted on final reading this 21st day of'January, AD. 1975. ATTEST' Mayor • City Clerk 0 First reading: January 7, 1975 (Vote: Yeas: 7, Nays: 0) ,� Second reading: January 21, 1975 (Vote: Peas: 7, Nays: 0) Ca Dates published: January 12 and 26, 1975 Attest e City Cler; Ordinance adopted on first reading relating to the City Electric Utility Rates ' Dr. Donald Rhody stated that they had had an opportunity at CSU to go though the rate study prepared by the Fort Collins Light and Power Depart- ment. Dr. Rhody stated they could not find any major glaring errors in the study, however, it reflected a large dollar increase for the University, and in the past the City ':ad secured the opinion of an outside agency.to review the analysis of the staff. Director of Utilities, Stan Case and Bob Kest, spoke to the cost of service study which indicated the. increases for all classes of customers which will be compounded over the next five years. it was the consensus of. the Council that the University be encouraged to obtain an outside consultant and the City staff would cooperate with the University. Dr. Rolidy stated lie would like to clarify his understanding of what was being said as that the Council did not object to the kind of approach taken on the sewer issue, whereby the University agreed to perform a certain type of study and the Council agreed to consider the findings. Mayor Fead stated that was correct and stated the City Staff would continue to cooperate with CSU. Dr. Rohdy stated he would have a response to the Manager in two weeks., Councilman Wilkinson spoke to the study being done to look into a refund of the utility rates to qualified senior citizens and handicapped. 59 o u._ Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to adopt ' Ordinance No. 4, 1975 on first reading with final passage on February 4, 1975. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Ordinance adopted on first reading amending the Code relating to Traffic Control Signals City Attorney March spoke to the purpose of this ordinance as being one of uniformity. The State changes provisions and the municipalities are some times in conflict. Councilman Russell made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 5, 1975 on first reading with final passage on February 4, 1975 Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Lawsuit by John E. Miranda against the City - City Attorney authorized to enter aupearanze on behalf of City City Attorney March stated he needed Council Is authorization to enter an I appearance on behalf of the City and to defend all defendants. (This lawsuit relates to the City's player code of conduct and the rules and regulations of various recreational activity programs of the City). Councilman Bowling made a motion, seconded by Councilwoman Gray, to authorize the City Attorney to enter an appearance on behalf of the City and defend all defendants. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Appeal by Fort Collins Board of Realtors on decision of Zoning Board of Appeals regarding off-street parking requirements approved Ds. Wayne Daugaard from the Board. of Realtors and Mr. Ed Stoner spoke to the .variances granted by the Zoning Board of Appeals and the denial of the variance .for waiver of off-street parking. Councilman Bowling, inquired into the reasons for the denial by the Zoning Board of Appeals. Judy Lovaas spoke as an individual and not for the Board. Mrs. Lovaas.stated the Board had discussed with the petitioners the possi- bility of compromising concerning off-street parking; if the lot across the alley were used for parking, it could provide approximately 15 parking spaces. ' 60 Council members expressed concern for the parking situation being detrimental to the existing residential character of the neighborhood and were advised that the Board of Realtors had discussed the possibility of designating the Chapel an historic landmark. Councilman Bowling made a motion, seconded by Councilman Russell, to waive the off-street parking requirements for the Mercy Chapel so long as it continues to be used by the Board of Realtors for their office uses. Yeas: Council members Bowling, Gray, Preble, Russell and Wilkinson. Nays: Council members Fead and Peeves. Change in Water Decree LID Referred to City Attorney 00 —. r--i At its November,1974 meeting the Fort Collins Water Board discussed the i.) Status of certain direct -flow decrees. During the discussion it was brought W out that the City has additional water rights during periods of high flow on the River. At its December, 1974 meeting, the Water Board recommended that the City request the River Commissioner to change the 10 cfs decree for in -plant use to municipal use. Recommendation: The Administration recommends that the City Council authorize e City Attorney to proceed with the necessarylegal action to obtain a transfer of the aforementioned 10 cfs of water. ' Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to authorize the City Attorney to proceed with the necessary legal action to obtain a transfer of the 10 cfs of water. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, and Wilkinson. Nays: None. (Councilman Russell out of room) First Extension of Mourning Subdivision P.U.D. Tabled This item had been tabled on January 7, 1975 Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to remove this item from the table. Yeas: Council members Bowling, Fend, Gray, Preble, Reeves, and Wilkinson. Nays: None. (Councilman Russell out of room) Associate Planner, Paul Deibel, stated the extension of this P.U.D. is to be used for a bank building; the question of parking was still to be answered. The Staff and the Planning and Zoning Board had recommended approval based on the following conditions: 1. There be a statement on the site plan that all owners in the P.U.D. agree to pool their parking. 2. The site plan indicate a pedestrian crosswalk connecting the bank with ' 3. Steele's parking lot. Plant species and locations be changed on the landscape j)lan as per the City Arborist's recommendation. U Ze W. Chester Winter stated he had been i�mrkijig with First National. Bank and with Mr. Don Mourning on the problem of the parking. Mr. Mourning stated he- I was opposed to the pooling of the parking at Steele's Market, as they had other plans. Councilwoman Preble made a motion, seconded by Councilman Bowling, to table the approval of the First Extension of the Mourning Subdivision P.U.D. indefinitely. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Resolution adopted concerning extension rider agreement with Union Pacific Railroad for water pipeline easement Councilwoman Preble made a motion, seconded by Councilman Bowling, to adopt the resolution. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and wilk;inson. Nays: None. RESOLUTION 75-5 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A,4 AGREEMENTF WITH UNION PACIFIC RAI:.RO;,D COMPANY {'.4iEREAS, Union Pacific Railroad Company has tendered to the , City of Fort Collins, State of Colorado, an agreement extending to and including Marc3L 10, 1955, the term of contract dated April S, 1965, covering the construction, maintenance and operation of a 12-inch cast iron water pipe line on and along the right of way of the Railroad Company's Fort Collins Branch at Fort Collins,.Colorado; said agreement being identified as Railroad Company's C.D. No. 38606-5-B; and WHEREAS, the Council of the City of Fort Collins has said proposed agreement before it and has given it careful review and considera- tion; and WHEREAS., it is considered that the best interests of said City of Fort Collins, Colorado, will be subserved by the acceptance of said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY'OF FORT COLLINS: That the terms of the agreement submitted by Union Pacific Railroad Company as aforesaid be, and the same are hereby, accepted in behalf of said City; That the Mayor of said City is hereby authorized, empowered and , directed to execute said agreement on behalf of said City, and that the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a.certified copy of this resolution. 62 b tT' h.eld Pass and adopteat,at a regular meeting of the City Council this � day of C. C�� /A.D. 1975. ATTEST : City Clerk Request to delete City Manager Vote of Confidence "M from Ballot denied x — U Attorney William H. Allen appeared before the Council and requested that the WCouncil not place the Charter Amendment question, that the City Manager stand a vote of confidence on the ballot for the April 8, 1975 Election. - The refusal. to grant this request would set the stage for court action on this matter. Mr. Allen stated he anticipated the matter would be heard quickly by the Court. Councilman Bowling made a motion, seconded by Councilwoman Preble, to deny the request and instruct the City Attorney to prepare the necessary paper to place this item on the ballot. Contract for Architectural Senrices on Service. Center addition aeercvcd City Manager Brunton stated Black and Veatch had been selected to do the addition to the Service Center and'e=ansion of garage facilities. The task force who will be working with Black and Veatch include the following: 1. Mike DiTullio - Assistant City Manager. 2. Stan Case - Electric Utility Director. 3. Charles Liquin - Public Works Director. 4., Roy Bingman - Director of Engineering Services. Councilman Bowling inquired into the total. cost of the study; Council members Russell and Wilkinson also inquired if the work involved in this contract could not be accomplished in-house by the City Staff. It was determined that this agreement was not for another study, this agree- ment set forth provisions for consulting services, development of -preliminary cost estimates, make field surreys, review drawings, etc., the charges would be charged in the following manner: Curve B: Applies to Industrial Buildings, Warehouses, ' Garages, Hangars, and Comparable Structures; Bridges and Other Structures of Conventional Design; Simple Waterfront Facilities; Railways; Roads and Streets; Conventional Levees, Flood Walls, and Retaining Walls; Small Sams; Sewer and Water Tunnels (free air); Storm Sewers and Drains; Sanitary Sewers 24 inch and Larger; 63 104 Water Distribution Lines 16 inch and Larger; Irrigation Works, Except Pumping I Plants; and Airports Except as Classified for Curve A. City Attorney March stated the contract, as drawn., reflected Curve B, however, if Council desired, they could amend the contract to reflect (1) that the City shall have the right to terminate the services at any time upon payment of cost incurred up to the termination date and that (2) new construction shall be charged on -Curve A. Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to approve the Architectual Agreement with Black and Veatch, with the changes recommended by the City Attorney and authorize the City Manager and City Clerk to execute the agreement on behalf of the City. Yeas: Councilmembers Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Presentation of awards to Colorado State University students for graphic layout for City buses Ms Susan Jones, Transportation Director, stated the City had requested that the Graphic Art class at CSU under. the Di.rector.of_ Dr. John Sorbi.e hold a contest for the best graphic art layout for the City bus line.. The first place winner is William Richter who receives a $2S.00 prize and second place winner is Mr. Ron Mirrello who receives $15.00. ' Mayor Fead congratulatfr�i the winners and expresses Council's appreciation to Dr. Sorbie. Request for Street Name change Referred to City Attorney for Resolution Mr. Edward Gavaldon .stated the present signs in Andersonville were currently A,B, and C., he had polled the residents and they had agreed to a change and has submitted five names for possible changes. The names in order were as follows: (1). Romero, (2) San Cristo, (3) Trujillo, (4) Andersonville, (5) Barrio. Councilman Bowling made a motion, seconded by Councilwoman Gray, to refer the matter to the City Attorney for the drafting of a resolution including the first three names. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Ordinance adopted on first reading creating Street Lighting Improvement District No. 4 City Attorney March stated a change iyus needed in the exhibit, which is a part of the Ordinance, on the last line, the figure $0.549 should change to I $0.486, and the words "Der abutting front foot" added. : Councilman Russell made a motion, seconded by Councilwoman Reeves, to clange the exhibit page as indicated. Yeas:, Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. 64 bb City Clerk, Verna Lewis, read letters of protest fro the "record: m.the following into ' " 1. Louis M. Clark, 131 15'est Lake 2. Gilbert H. Fechner601 West Prospest 3. Thomas M. Peck, 906 West Prospect Mayor Fead requested the points raised in the letters should be addressed such as whether other property owners are on arterial streets have been assessed for lighting. City Manager Brunton stated the City picks up the largest share in street lighting; Director of Utilities, Stan Case, stated another question raised was "no lights in the 100 block of 1Vest Lake"; the map did not show the location, there would be lights there. The next question dealtwith people who had already paid; these people.will be U given credit. W W City Manager Brunton stated he would correspond with the above Protestants. City Attorney March stated that this is a Special Improvement Ordinance, and as such has to follow the law; the time for making any adjustments on any reductions or refunds must be made at the time the assessing ordinance is passed. Therefore, if it is the intention that this be done, there. should be a statement of that intention at the time the ordinance is passed as it will be assessed under a different Council. City Attorney March advised the Council that he was advised by Mr. Roy Bingman that another figure may not be correct in the ordinance. The figure of $32,593.00 should be changed to $33,993.00; that would also result; in a change of the figure on Page 2 from $23,941.12 to $25,341.12; this would only change the City's share of the cost of the district. Councilman Bowling made a motion, seconded by Councilman Russell, to change the figure in Section 3 on Page 1 from $32,S93.00 to $33,993.00 and. the figure ,on Page 2 from $23,941.12 to $25,341.12. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 3, 1975 as amended on first reading and authorize the City Attorney to prepare a motion to be made at the next hearing. Yeas: Council members Bowling, Fead, .Gray, Preble', Reeves, Russell, and Wilkinson. Nays: None. Letter of protest. for Electric Rate' increase received Mr. Lawrence. Hall, Director of Engineering at Poudre Valley Rural Electric, spoke to the electric rate increase (Ordinance No. 3, 1975) and read the following letter into the record: - 65 Dear Mayor Fead: I have read with interest the articles in the Fort Collins Coloradoan concerning the proposed boost in electrical rates for the City of Fort Collins. In my capacity as Manager of Poudre Valley Rural Electric Association I can certainly understand the necessity of electric utilities to have some rate increases. I would, however, like to make a couple of comments about the last two paragraphs of an article in the Fort Collins Coloradoan dated Monday, January 13, 1975. These last two paragraphs state In 1974, the electric depart- ment paid $332,676.00 to the city's general fund as payment in lieu of taxes. By comparison a privately owned utility would have paid . $9,508.00 in taxes and a 3 percent franchise fee of about $140,000.00".. It appears to me that the amount paid in lieu of taxes in the amount of $332,676.00 is a reasonable amount. The part of the quotation that I disagree with is the statement that says that a privately owned utility would have paid $9,500.00 in taxes. That statement would certainly give most citizens the idea that a utility operating in the city would not pay taxes except for the franchise tax. Based on the figures that I can glean from the article I would estimate the property tax that a utility would pay in the City of Fort Collins would approximate $300,000.00, which added to the $140,000.00 would probably total well over $400,000.00. It may be true that the City ' Council and the City itself would not receive all of the property tax; however, it certainly would offset the property tax which the homeowner pays for the support of schools, hospitals and other agencies which the advalorem taxes support. I feel it is unfortunate that the last paragraph of the article was ever published since it appears to me to be a distortion of fact and might cause some to ques- tion other figures included in the article. Incidentally, the average consumer, that is, one which according to ,your figures uses 440 kilowatt hours would actually have an increase of approximately 20 percent rather than the 17 percent that most feel they will be receiving. Again, I would like to say that I understand the forces that have contributed to the need for a rate increase; however, I feel that some of the reporting might be somewhat misleading. 4Since ly, Leon Wick General Manager City Nlanager Branton stated a memorandum from Staff would accompany tile , agenda for the next Council meeting addressing this subject. 66 b4 Charter Amendments - to be placed on Ballot approved Mayor Fead stated, as Mr. Anderson had pointed out, Attorney William H. Allen had appeared before the Council and entered a request that the City Manager's position not be placed on the ballot in April. The Council had moved to deny the request. Councilwoman Gray stated that at a work session, Council had decided not to consider the designation of authority to the Planning and Zoning Board to make routine planning and zoning decisions with the right of appeal to the Council; also to delete the proposal that would require the Municipal Judge ucJ to run on his record. Councilwoman Preble spoke to the "redefinition of Library Board as an advisory W board to the City Council" as being an item to be addressed at some time but not at this time. Council members agreed to this procedure. Councili%roman Gray made a motion, seconded by Councilman Wilkinson, to instruct the City Attorney to prepare the necessary documents to put the question of "creation of election process for new Council members filling unexpired tE.rmS" on the ballot for the April election. Yeas: Council members Bowlinfy, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Councilman Wilkinson made a motion, seconded by Councilman Bowling, to ' instruct the City Attorney to prepare the documents to place the"elimination of the provision requiring the City to make deposits in banks :in the City without discrimination or equally" on the ballot for the April election. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Councilwoman Reeves inquired if Council wished to discuss a change in the age and residency requirements, perhaps as separate items on the ballot; Councilwoman Gray also spoke to this item. It was the concensus of the remaining members of the Council that this item had been placed on the ballot two years ago and had been defeated, therefore, this item would not be recommended to be placed on the ballot. City Attorney March agreed that a court case would resolve it once and for all. Submittal of Preapplication for Fe:ieral Assistance for HUD Community Development Discretionary Block Grants approver City Manager Brunton stated Council had had a work session. on this item, he gave a progress report on downtown redevelopment on wh-ther the City should apply for federal funds for that development or fo_- funds to meet the need of low-income residents in the City. ' Planning Director, Lester Kaplan, staged the City had bee:: advised that we would be allowed to submit both applicationsand outlined e• improvements involved in each application,'and the objectives of the legislation. 61 bId City Manager Brunton referred to letters from Mr. Reid D. Burton of DTZ and from Ms Beatrice M. Marvel of the Education Work Area of the First United Methodist Church regarding a request for funding. The recommendation of the administration is that the administration be authorized to submit both applications to 10D. Councilman Bowling made a motion, seconded by Councilwoman Preble, to accept the recommendation of the administration and submit both applications. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. ° Nays: None. (Mayor Fead left the meeting at this time). Progress report on Central Area Redevelopment Project accepted City Massager Brunton stated a work session on this subject had also been held, and advised. Council that the City ;night get money for this project from the Urban Systems and possibly from Revenue Sharing. Council had prev- .'iously (September 6, 1973) authorized CORAD to be the designated agent for the Core Area Study and Core Area report. Councilman Bowling made a motion, seconded by Councilwoman Preble, to authorize the administration to proceed on this project as outlined. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. :rays: None. City Attorney authorized to proceed with the North Poudre irrigation Company settlement City Attorney March stated the City had negotiated with the North Poudre lrrigation Company for certain water Works and as a result of that contract, the City still owed- North Poudre some water. The City had acquired sufficient waters in other companies to pay off this obligation by trans- . ferring that stock to North Poudre. The administration is requesting authority be given to the City Attorney and Special Counsel, Ward Fischer, to go to court and update the plan of augmentation to allow the transfer. City Manager Brunton stated it should be made clear that this is an area in which Mr. March is paid above the retainer fee as City Attorney. Mr. Fischer is likewise paid by the water utility. This will apply to the earlier item on the 10 second feet of water also. Councilman Bowling made a motion, seconded by Councilwoman Preble, to adopt the recommendation of the administration. Yeas: Council members Bowling, Cray, Preble, Reeves, Russell and Wilkinson. Nays: None. Other Business .1. Assistant Mayor Gray stated Mr. Morehart had questioned the metering on country meters. Mr. Nbrehart inquired if the City could arrange some form of billing that would reflect an average cost over the year. 1 1 1 68 b.", City Manager Brunton stated he would check with Finance Director Charlie ' Cain and come with a report on the matter. 2.. Councilman Russell stated he wished Council would consider instructing the City Attorney to prepare an ordinance asking for every merchant or business owner to register their name and address of an interested party with the Police Department to enable the Police Department to. contact them in an emergency. Councilman Russell made a motion, seconded by Councilman Bowling, to instruct the City Attorney to draw up an ordinance. Yeas: Council members Bowling, Gray, .Preble, Reeves, Russell and Wilkinson. Nays: to None. x ,.� 3. City Manager Brunton stated the present Burglar Alarm System is not UL Approved. The staff has met with UL Approved Companies, and are requesting that the people on the service be notified of an impending change. City Attorney March stated the earlier contract was approved by Council and authorization was needed to terminate the contract and authority needed to enter into a new contract for the service. This is the automatic burglar alarm that rings at the City panel.. City Attorney March further stated a letter would be drafted and sent out by the Police Department notifying all those with the present service of the propused.change. ' Councilman Bowling made a motion, seconded by Counci.lMan Russell, to authorize the termination of the present contract mid the negotiation of a new contract. Yeas: Council members Bowling, Gray, Preble,Reeves, Russell and Wilkinson. Nays: None. 4. Councilman Russell stated that one year ago he had been appointed by the Council as a special representative to .CORAD. He wished to resign and that Council make a new appointment. No further action taken on this item at this time. S. City Manager Brunton stated the Council at the last session had selected Va1.Ogden, Tom Fraiser and Elibeth Carillio to be the represen- tatives to the Community Education Council. Councilwomai) Preble made motion, seconded by Councilman Bowling, to appoint the three above members to the Community Education Council. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. 6. City Manager Brunton stated the City had a proclamation proclaiming Saturday, January 2S, 1975 as Willie Miller Day. Mr. ~tiller is a member of the CSU football team. ' 7. Resolution adopted express inn,sulvort for House Bill 1692 Assistant Mayor Gray stated this bill as proposed contains provisions desig- nated to allow municipalities to plan orderly growth and that copies should be sent to the legislators. i k 1) City Clerk Verna Lewis read the resolution at length. Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to adopt ' the resolution. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell aiui..Wilkinson. Nays: None. RESOLUTION 75-6 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPRESSING SUPPORT FOR ;LOUSE BILL 1092 NOW. BEFORE THE COLORADO LEGISLATURE WHEREAS, (louse Bill 1092 is now pending before the Colorado Legislature; and WHEREAS, such bill as proposed contains provisions designed to allow municipalities to plan orderly growth and to control the effects of growth in order to eliminate the many problems now confronting municipalities associated with the growth now being experienced, particularly among communities along the Colorado Front Range; and WHEREAS, such proposed bill would provide the means for estab- lishing areas which will be incorporated into municipalities in the future and would grant some ability to control the development of these areas to insure that such development is compatible with the plans of ' such municipalities; and WHEREAS, the bill as proposed provides for review of such designated areas by other interested governmental bodies, including counties, regions and the State; and WHEREAS, the City Council has studied such bill and is of the opinion that the provisions contained therein are extremely necessary in order to control growth and to enable government at the local level to be able to develop and implement sound plans. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City of Fort Collins herebyexpresses its strong support for [louse Bill 1092 now before the State Legislature and recommends that the Legislature enact such legislation. Passed and adopted at a regular meeting of the City Council held this 21 qt� day of jarn,;ar z , A.D. 197S. ATIT.ST: Assistant May r City Clerk 70 8. Previous Council action regarding curb cut at Foothills Plaza North P.U.D. reaffirmed Associate Planner, Paul Deibel, identified the area in question and explained that the proposal is for a commercial P.U.D. on 3.7 acres zoned H-B, Highway Business. It would contain four buildings with 3Z,000 square feet of leasable area distributed among them. The overriding issue raised by this proposal is that it includes a direct curb cut onto South College Avenue. We are concerned about this curb cut for the following reasons: UD 1. It would provide an alternative outlet for the entire Fashion Mall X area and we think thus might carry traffic loads in excess of its r design capacity and in conflict with'traffic patterns on South College Avenue, particularly in the absence of a traffic signal at W Monroe Drive and South College Avenue. 2. It would tend to violate the frontage road program prohibiting private curb cuts out onto South College Avenue. City Attorney March stated Council was not being asked to approve the plan, the problem that faces the developer is that he cannot get a plan together without knowing the answer to the question of the curb cut. Attorney Eugene Mitchell stated he was irritated with the situation, ' adding Council (1) asks a great deal more in terms of credibility and reliability and dependability of a.developer than they are willing to accept, and assume for themselves, (2) this is something that has had vast amounts of property rights realigned, based upon a consensus that included the Planning Department, the City Council, the owners and users of the entire mall area. Councilman Wilkinson made a motion, seconded by Councilman Bowling, to reaffirm the previous action of Council in regard to this curb cut. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. 9. City Manager Brunton spoke to the following memorandum regarding sewer to Andersonville and Alta Vista: In June, 1974 Andersonville and Alta Vista annexed to the City of Fort Collins. This made it possible, for the first time, for the City to provide the sanitary sewer system to this area. Since that time, we have been meeting and discussing the entire situation with our Staff. There are three ways that we can construct a sanitary sewer system to this area. Listed below is a summary of the three methods, together with the estimated construction costs and advantages and dis- advantages: ' 1. An interceptor sewer line to the south connecting onto the interceptor sewer between Sewer.Treatment Plant Nos. 1 and 2. Estimated cost: $133,080. We are not planning to use this line until Plant No. 2 is completed in the summer of 1976. Although we could connect it onto Sewer Treatment Plant 71 9 14 No. 2, at this time it would require some additional construction work. Also, there would be a relatively low flow in the line for a 12-15 month period. Most of the sewer main south to the interceptor line would be ' located in the area that is in the flood plain, with relatively little chance of development and recovery of any of our construction costs. 2. Construct the sewer main to an existing sewer main west of Andersonville. Estimated cost-: $103,320. This sewer line would require a lift station, because of grade problems, to get the sewerage to the existing mains. Al- though this is the most economical method of completing this project on a first -cost basis, it could cost more money because of the continued main- tenance and operating costs of a lift station. It is also possible to have trouble with a lift station that would be in operation as little of the time as this one would be. There is a possibility that we could merely construct the wet well at first, until more people hook onto the sewer, with the understanding that it would have to be pumped out occasionally with the sewerage sent to one of our two treatment plants. y 3. Constructing a line to the southeast to connect onto the Boxelder Lines. Estimated cost: $1.13,580. There would be a good chance of recovering a large portion of the construction costs of the sewer mains east of Andersonville. This would also give us a chance to show a spirit of coopera- tion with the Boxelder. Sanitation District and more closely define our boundary lines in that area. One of our concerns deals with the fire hydrants in this area. At the present time the people in Andersonville and Alta Vista are served by ' the East Larimer County Water District; therefore, we do not have any water mains in this area. It would be more practical to have our fire hydrants on existing water mains of the ELCO Water District on Ninth and Vine Streets. Although the Boxelder Sanitation District and the ELCO Water District are completely separate legal entities, they do have a common General Manager and two overlapping members on their Boards of Directors. We felt that we would obtain more cooperation on the instal- lation of fire hydrants if we could concurrently work out something on the sanitary sewer problem. For some time we have been working with Berry Duff, Manager of both Districts. Late in 1974 Art March, Jr. prepared a draft of an agreement that was submitted to Berry Duff for consideration. Art March received a revised draft from Gene Fischer, the attorney for Boxelder Sanitation District, and assumed that this was a final draft that had been approved by the Boxelder Sanitation District. At its December 1.9, 1974 meeting, the Fort Collins City Council authorized the Mayor and City Clerk to sign said redrafted agreement. On December 21, 1974 I received a telephone call from Berry Duff who said that the Boxelder Sanitation District Board did not agree to all the terms of the agreement. At that time he indi- cated that he would send a letter to me on this matter. I talked with I4r. Duff on January 1.4 and 15, 1975; on the 15th I arranged a meeting in Art March's office. At that meeting Berry Duff: informed us that the Board wanted two major changes in the agreement. One concerned the sizing and ' repayment for the water main in the Boxelder Sanitation Districtbarrier. This we readily agreed could be handled administratively through a letter. The major problem regarded the tap fee. The agreement that we felt had Yf 46 been approved called for the City to pay the District an amount equal to 75% of the charges so imposed upon individual property owners tapping onto the line connected to the District system. We were proposing to charge the residents of Andersonville and Alta Vista the standard fee charged all other customers on the system of $4.90 per month. This would mean that the Boxelder people would get about $3.67 per month. This arrangement is similar to the one we have with the Cherry Hills Sanitation District which connects to our system. Berry Duff indicated to us that they would need more than this. At the present time they are charging their own customers $4.00 per month plus a plant investment fee and a five -mill levy. Berry Duff estimated that the $4.00 fee plus an equivalent mill levy of $.50 and $2.50 in lieu of a plant investment fee would amount to $7.00. From that they would LM deduct_$.75 for our collecting the revenue, meaning that we would have to pay them a net of $6.25. This would be a higher fee than we would be re- ceiving from the customers. Art March, Jr. felt that it was not legally G.a possible for a City, on a continuous basis, to underrate the operating costs at a higher amount than we were receiving from our customers. Other ^� customers on our City system could complain if the City started a procedure of this type. e Although I can sympathize with the Boxelder Sanitation District Board's position of not wanting to receive less revenue than'they receive from their other customers, we, likewise, have a problem in that we do not want to charge the customers in Boxelder and Alta Vista more than we are charging other users in the City of Fort Collins. Therefore, it appears that it might be necessary for us to .use one of our two other methods of installing` this sewer. We still hope we can arrive at a workable arrangement on the fire hydrants in the water system. Recommendation: The Administration recommends that the. City Council confirra its policy that if Boxelder feels it cannot morally or financially accept the terms proposed by the City of Fort Collins, the Administration be instructed to pro- ceed immediately with the design and construction of one of the two other methods of installing the sewer system. In all probability we would go with the lift station connecting onto the sewer line to the west. It is essential that this sewer line be installed by August, 1975. Councilwoman prebl.e made a motion, seconded by Councilwoman Reeves, to approve the recommendation, stating for the record, the City could not pay more than it is receiving. Peas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. 10. City Manager Brunton, attended also by Director of Public Works, Charles Liquin, made an oral report on the meeting with the Water Quality Control Commission on the exception to the toxicity requirements to the Poudre River, also, he distributed "Request for Exception of the Toxicity requirements in the B2 Stream Standards" prepared by the Administrative Staff, Director of Public Vbrks, Charles Liquin and CSU. 'No action taken on this item. 11. Mr. Bob flixson gave a report on the newly installed sound system. 73 114 12. Councilwoman. Reeves stated Council had.changed uses in the R-M zone by ' Qrdviance No. 75, 1974, she would like to have now the ordinance on the definition of Places of Assembly. City Attorney March stated lie would have it prepared. Ljournment Councilwoman Reeves made a"motion, seconded by Councilman Wilkinson, that the Council adjourn. Yeas: Council members Bowling, Gray, a -ble, Reeves, Russell and Wilkinson. Nays: None. A31TST: arty. m; l- t C 1 74