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HomeMy WebLinkAboutMINUTES-03/16/1972-Regular- - - - - - - - - - - March 16 ,--1972- - - - - - MINUTES OF MEETING March 16, 1972 The City Council of the City of Fort Collins met in regular session at 1:30 P.M. in the Council Chambers of the Municipal Building on Thursday, March 16, 1972. Present: Absent: Also present Mayor Carson presided. DISPENSING OF THE MINUTES Councilman Carson, Councilwoman Preble, Councilmen Peterson and Fead. Councilman Lopez. , Tom Coffey, City Manager Arthur March, Jr., Assistant City Attorney Charles Liquin, Director of Public Works Motion was made by Councilwoman Preble, seconded by Councilman Peterson, that the reading of the minutes of the last regular meeting of the Council held March 9, 1972, be dispensed with. Upon a roll call, all members of the Council voted in the affirmative.' "GENDA ITEM 2 RESOLUTION 72=23 WHEREAS, in April, 1872, the first Arbor Day was celebrated in the state of Nebraska; and WHEREAS, on Narch 22, 1889, there was established by statute a day devoted to the planting of trees and the adornment Of nature crystallized a beautiful and useful custom Arbor Day and; WHEREAS, its annual approach is always joyfully anticipated and its requirements cheerfully observed; and. WHEREAS, its practical results are already with us; for our children its benefits are beyond calculation. The citizen who plants the tree and watches its constant growth that protects it, and the government that is over all; and, WHEREAS, since this is the 100th anniversary of the first Arbor Day it is a time to focus our attention anew on the benefits we have reaped from the foresight of our ancestors who set aside special days for the planting of trees. NOW, THEREFORE, in compliance with the provisions of the statute, we do hereby direct public attention ;o the act of the tional commemoration of the 100th General Assembly and the na anniversary of Arbor Day by designating Friday, the 21st day of April, A.D., 1972 through Friday, the 28th da-'of Apr-", A.D., 1972 as ARBOR WEEK and recommend and enjoin the due observance thereof in the planting of trees for the benefit and adornment of public and -Private grounds, i f March��,�2 L places and ways, and in such other efforts and undertakings as shall be in harmony with the general character and purpose of the week. THUS, we may reap our own reward and our descendants may abundantly ..profit by our effort to preserve the forests and those other accessories of forest and field life which tend to pleasethe eye and to help us grow a better life. NOW, THEREFORE, BE IT RESOLVED that the City of Fort Collins and County of Larimer hereby proclaim the week of the 21st day of April thru the 28th day of April as ARBOR DAY WEEK in the greater Fort Collins area. IN WITNESS WHEREOF, we have hereunto set our hands and caused the Great Seal of the City of Fort Collins and Larimer County to be affixed this 16th day of March, 1972. (SEAL) /s/ Karl E. Carson ATTEST: Mayor /s/ Verna Lewis City Clerk (SEAL) /s/ Wm. C. Manuel Chairman ATTEST: BOARD OF COUNTY COMMISSIONERS /s/ Barnard L.Baum Deputy & Actifig Clerk to the Board Mayor Carson stated that he hoped that everyone will pay attention to this resolution because of the importance of planting trees and the damage we have had due to early snows. . Mayor Carson recognized two members:frcm the C.S.U. Senate -Bill Donovan and Bruce Russell. AGENDA ITEM 3A William Robb, Architect, was present and presented plans for remodeling the Council chambers. The remodeling will increase the capacity of the chambers from 53 to 103 seats and increase audience participation by providing display boards and screens easily viewed by both the Council and audience. Also will include complete redoing of the entire room, new floors, drapes, benches for audience, table for Council, painting,and miscellaneous furnish- ings and equipment. Mr. Robb said his fee.for the project is undetermined, but will be lased on the number of hours put into the job but will not exceed 13.5% of the total cost, whic0approximately $14,000. The City Manager asked Mr. Robb to take the plans with him and since there is not a full Council, would not want to act upon this, and in two or three weeks, expected the Council to approve the plans as presented. The Mayor declared the Council now sitting as a Liquor Licensing Authority. AGENDA ITEM 4A Application of SPIRITS, INC., 803 RIVERSIDE PACKAGE STORE LIQUOR LICENSE After advisement by the Assistant City Attorney, motion was made by Councilman Fead, seconded by Councilman Peterson, that April 20, 1972, be set as the preliminary hearing of this license and April 27, 1972, be set as the final hearing of same. Upon a roll call, all members of the Council voted in the affirmative. The Mayor declared the members acting again as Council. AGENDA ITEM 5A ORDINANCE NO. 5, 1972 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Peterson, seconded by Councilman Fead, that Ordinance No. 5, be adopted. Upon a roll call, all members of the Council voted in the affirmative. 214 - - - -March=16.,-1922 - - AGENDA ITEM 5B ORDINANCE -NO. 6, 1972 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Fead, seconded by Councilwoman Preble, that Ordinance No. 6, 1972, be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 5C ORDINANCE NO. 7, 1972 BEING AN ORDINANCE ANNEXIN G CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilwoman Preble, seconded by Councilman Peterson, that Ordinance No. 7, 1972, be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 6A- Deleted AGENDA ITEM 6B ORDINANCE NO. 8, 1972 BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE THIRD FOOTHILLS ANNEXATION TO THE CITY OF FORT COLLINS. COLORADO Motion was made by Councilman Peterson, seconded by Councilman Fead, that Ordinance No. 8, 1972, be presented on first reading this 16th day of, March, 1972, and to be presented for final passage on the 6th day of April, 1972. Upon a roll call, all members of the Council voted in the affirmative.' AGENDA ITEM 6C ORDIN ANCE NO. 9,1972 BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE SPRING CREEK FARMS SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO. Motion was made by Councilwoman Preble, seconded by Councilman Peterson, that Ordinance No. 9,1972, be considered favorably on first reading this 16th day of March, and to be presented for final passage on the 6th day of April, 1972. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 6D ORDINANCE NO. 10, 1972 BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSI-,- FYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE GREENWALT EIGHTH ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Fead, seconded by Councilwoman Preble, that Ordinance No. 10, 1972, be considered favorably on first reading, and ordered published this 16th day of March, 1972, and to be presented for final passage on the 6th day of April, 1972. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM6E ORDINANCE NO. 11, 1972 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Peterson, seconded by Councilwoman Preble, that Ordinance No. 11, 1972, be considered favorably on first reading this 16th day of March, 1972, and to be presented for final passage on the 6th day of April, 1972. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 7A OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING PUBLIC NOTICE CONCERNING A PROPOSED ORDINANCE ADDING TO THE USES PERMITTED IN THE I-L, LIMITED INDUSTRIAL DISTRICT WHEREAS, the Planning and Zoning Board has made a study and held a hearing and recommended to the City Council that Section 19-39 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as 21 Manch_16.,_19.72 --------------- amended, be amended by adding to the uses permitted in said zone; accessory buildings and uses, including related retail sales, incidental and subject to the other uses permitted in such zone; and WHEREAS, The City Council desires to hold a public hearing on said recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that April 6, 1972, at 1:30 '.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers.in the City Ball of the City of Fort Collins is hereby set as the time and place for a public hearing on said recommendation; and BE IT FURTHER RESOLVED that.the City Clerk is hereby instructed to publish a notice of said hearing as provided in Section 19-46.1 (5) of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this 16th day of March, 1972. /s/ Karl E. Carson Mayor ATTEST: /s/ Verna Lewis City Clerk Motion was made by Councilwoman Preble, seconded by Councilman Fead, that this resolution be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 7B RESOLUTION - 72-25 FAITH EVANGELICAL FREE CHURCH ZONING OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING NOTICE CONCERNING A PROPOSED ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, IN ORDER -TO CLASSIFY FOR ZONING PURPOSES CERTAIN PROPERTY BEING ANNEXED TO THE CITY OF FORT COLLINS WHEREAS, heretofore the City Council of the City of Fort Collins initiated annexation procedures for certain property known as the Faith Evangelical Free Church Annexation to the City of Fort Collins more particularly described in the "Notice of Public Hearing" attached hereto, and WHEREAS, the owners of said property have petitioned that said property be included in the R-L, Low Density Residential District. I WHEREAS, the Planning and Zoning Board has made a study of said zoning request and has held a hearing and has made a report and recommendation thereon, all in accordance with Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended,. and - - - - - - - - - - - - - - - -- - - - - - - - -- - -- - - March_16,,_19.7.2 WHEREAS, the City Council ',:sires to hold a hearing on said zoning request as required by said Section 1'4-46. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that April 6, 1972 at 1:30 P.M., or as soon thereafter as the matter may Coln^_ on for hearing, in the Council Chambers in the City Hall of the City of Fort Collins, is hereby set as the time and place for a public hearing on said zoning request; and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a notice of said hearing as provided in Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this 16th day of March, 1972. /s Karl E. Carson' Mayor ATTEST: /a/ Verna Lewis City Clerk Fead Motion was made by Councilman,/seconded by Councilwoman Preble, that this resolution be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 7C RESOLUTION 72-26 JOHN DALE POWER ANNEX. ZONING OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING PUBLIC NOTICE CONCERNING A PROPOSED ORDINANNCE CH.ANNGING THE ZONING MAP OF THE CITY OF FORT COLLINS AND AMENDING CHAPTER 19 OF TIME CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COiLMONLY KNOWN AS THE ZONINC ORDINANCE WHEREAS, a written petition has been presented to the City Council requesting that the zoning classification for the property more particularly described in the "Notice of Public Hearing" attached hereto be changed from B-L Limited Business District and R-H, High Density Residential District, to B-P, Planned Business District; and WHEREAS, the Planning and Zo:!ing Board has made a study of said rezoning request and has held a hearing and made a report and recommendation thereon, all in accordance with the provisions of Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended; and WHEREAS, the City Council desires to hold a public hearing on smid rezoning request as required by Section 19-46'.1 (5) of the Code of 1: Ordinances of the City of Fort Collins, Colorado, 1958, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Aril 6, 1072; at 1:30 P. M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers in the City Hall of the City of Fort Collins is ]hereby set as the time and place for a public hearing on said rezoning request; and a 21 March 16, 1972 BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a notice of said hearing as provided in Section 19-46.1 (S) of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as ..amended, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this 16th day of March, 1972. Karl E: Carson " ayor ATTEST: /s/ Verna Lewis City Clerk After clarification of the zoning by Don Reynolds, the Planning Director, motion was made by Councilman Fead. seconded by Councilwoman Preble, that this resolution be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 7D RESOLUTION 72-27 REZONING 0.57 ACRES FROM RM TO HB ZONE POUDRE VALLEY CONSTRUCTION CO. OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING PUBLIC NOTICE CONCERNING A PROPOSED ORDINANCE CHANGING THE ZONING MAP OF THE CITY OF FORT COLLINS AND AMENDING CHAPTER 19 OF THE ORDINANCES:=OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE WHEREAS, a written petition has been presented to the City Council requesting that the zoning classification for the property more particularly described in the "Notice of Public Hearing" attached hereto bechanged from R-M, Medium Density Residential District; and District, to H-B, Highway Business WHEREAS, the Planning and Zoning Board has made a study of said rezoning request and has held a hearing and made a report and recommendation thereon, all in accordance wi,n the provisions of Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958; as amended; and WHEREAS, the City Council desires to hold a public hearing on said rezoning request as required by Section 19-46:1 (5) of the Code of Ordinances of the City of Fort Collins: Colorado, 19S8, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS-that April 6, 1972, at 1:30 P. M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers in the City Hall of the City of Fort Collins is hereby set as the time and placeibr a public hearing on said rezoning request; and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a notice of said hearing as provided in Section 19-46.1 (5) of . the Code of Ordinances of the City of Fort Collins. Colorado, 1958, as amended, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this 16th day of March, 1972. 218 - - - - -- - - - - - - - - March-16,_1972 - /s/ Karl E. Carson Mayor ATTEST: /s/ Vern Lewis City Clerk Motion was made by Councilman Fead, seconded by Councilwoman Preble, that this resolution be adopted. Upon a roll tali, all members of the Council voted in the aLfi.ioa ive. AGENDA ITEM 7E RESOLUTION 72-28 REZONING 0..925 acres fro-: RL toRH zone OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING PUBLIC NOTICE CONCERNING A PROPOSED ORDINANCE CHANGING THE ZONING MAP OF THE CITY OF FORT COLLINS AND AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, CODL`fONLY KNOWN AS THE ZONING ORDINANCE WHEREAS, a written petition has been presented to the City Council requesting that the zoning classification for the property more particularly described in the "Notice of Public Hearing" attached hereto becbanged from R-L, Low Density Residential District, to R-H, High Density Residential District; and WHEREAS, the Planning and Zoning Board has made a study of said rezoning request and has held a hearing and made a report and recommendation thereon, all in accordance with the provisions of Section 19-46 of the Code of Ordinances of. the City of Fort Collins, Colorado, 1958, as amended; and WHEREAS, the City Council desires to hold a public hearing on said rezoning request as required by Section 19-46.1 (5) of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that April 6, 1972, at 1:30 P. M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers in the City Hall of the City of Fort Collins is hereby set as the time and place for a public hearing on said rezoning request; and BE IT,FURTHER RESOLVED that the.City Clerk is hereby instructed to publish a notice of said hearing as provided in Section 19-46.1 (5) of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, in the form attached hereto. --------- - ---- - _ Passed and adopted at a regular meeting of the City Council held this 16th day of March, 1972. /a/ Karl E. Carson Mayor ATTEST: /s/ Vern Lewis ` City Clerk Motion was made by Councilman Peterson, seconded by Councilwoman Preble, that this resolution be adopted. Upon a roll call, all members of the Council voted in the affirmative. 219 — -- --- --- -- --- ——March,_19.72------ — -- AGENDA ITEM 7F REZONING 8.0 ACRES FROM RE TO RP, BY SUMNER H. BRODY OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING PUBLIC NOTICE CONCERNLNG A PROPOSED ORDINANCE CHANGING THE ZONING MAP OF THE CITY OF FORT COLLINS AND AMENDING CHAPTER 19 OF THE. CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO.. 19S8, AS AMENDFD. CONLMONL.Y KNOWN AS THE ZONING ORDINANCE WHEREAS, a written petition has been presented to the City Council requesting that the zoning classification for the property more particoll rly described in the "Notice of Public Hearing" attached hereto be changed from R-L, Low Density Residential District, to R-P, Planned Residential District; and WHEREAS, the Planning and Zoning Board has made a study of said rezoning request and has held a hearing and made a report and recommendation thereon, all in accordance with the provisions of Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended; and WHEREAS, the City Council desires to hold a public hearing on said rezoning request as required by Section 19-46.1 (5) of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that April 6, 1972 at 1:30 P. M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers in the City Hall of the City of Fort Collins is hereby set as the time and place for a public hearing on said rezoning request; and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a notice of sai. '.:wring as provided in Section 19-46.1 (5) of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this 16th day of March, 1972. /s/ Karl E. Carson Mayor ATTEST: /s/ Verna Lewis _ City Clerk Motion was made ,y Councilwoman Preble, seconded by Councilman Peterson, that his resolution be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITV": 8A BIDS FOR MAST ARM & STEET POLES FOR LIUT," & POWER Deot. Tai,lcd from Mai•ch yth meeting.. Motion was made by Co,-incilwoman Preble, seconded by Councilman Peterson, to remove this natter from the table. Upon a roll call, all members of the Council voted in the affirmative. 220 March 16, 1972 of: Si xtythree (63) Galvanized Steel Mast Arms and Seventy (70) Street- light poles with one Simplex fitting and Thirty (30) Streetlight poles with two Simplex fittings. Two manufacturing companies of Mast Arms $ Poles have been approved as sources of supply by the Light and Power Department. These two.sources were invited to bid sponded to the invitation. A tally of the bid received is attached. Uniy one of the two sources re - Mr. John St. John, Associate Electrical Engineer, has evaluated the bid and has determined that it meets specifications. The recommendation is that an award of $12,096.39 be made to Union Metal Products in care of MSI Industries, Denver, Colorado. The recommendation is based on Mr. St. John's letter of recommendation. (Copy attached.) Respectfully submitted, E. M. KuppinPe Purchasing Agent Charles Liquin, Director of Public Works, stated that these poles were dipped in zinc and would not need painting and believed that the bid is in line and recommended that this bid be accepted. Motion was made by Councilman Peterson, seconded by Councilman Fead, that this bid be accepted as recommended. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 813 Bids - 39-30' WESTERN CEDAR POLES AND 75 - 35' Western Cedar Poles Th- recommendation is that consideration be given to rejecting the bid of Niedermeyer-Martin Company, for the thirty (30), 30 foot, class 7 Poles. The price of their 30 foot, class 7 poles ($19.50) each is based upon shipment of approximately 100 poles or a rail carload. If the City was to accept this item because of the low bid, we would be placing ourselves in' tile position of increasia- the quantity of this requirement from thirty (30) poles to seventy (70); this quantity would be unrealistic from the standpoint of previous usage. Or, if the City elected to accept the low bid of item 1, we place ourselves in a second disadvantaged position by considering the possibility of accepting the Niedermeyer-Martin Company high bid for the seventy-five (75) 35 foot poles at $51.00 each. Their total bid then amounts to $4,410.00. The recommendation is being made in favor of L. D. McFarland Company, the second 1 w bidder for item 1, and the low bidder for item 2 because their bid represents the total lowest cost to the City, their delivery is commc,nd- able, and the complete award in this manner provides for a single rail car shipment. L. D. McFarland's total bid is $4,042.50. - John St. John, Associate Electrical Engineer, has evaluated the bids and a copy of his recommendation is attached. Respectsuiiy submitted, E. M. Kuppinger Purchasing Agent 221. _Mar_ch�6,j,9.72__ Motion was made by Cbuncilman Fead, seconded by Councilwoman Preble, that the 'recommendation of the Purchasing Agent be accepted. Upon a roll call, all members of the Council voted in the affirmative. COMMUNICATION Mayor Karl E. City of Fort City Hall Fort Collins, Dear Karl: Carson Collins CO 80521 During the winter term several of our senior students in park admin- istration arranged to go on patrol with your police officers. This was done through cooperation with Sgt. Ed Fowler in order to provide our future public officials with some feeling for police operations and give our students an opportunity to see what problems patrolmen have in Fort Collins. The enthusiasm of the students prompts me to write this letter. They were uniformly impressed with the efficiency of the men they worked with. They were especially vocal in their praise of the way in which these men handled public contacts and they felt that the experience was especially beneficial in creating better student aware- ness and empathy for local police work. I am hopeful that we may continue to do this sort of thing in the future. Sincerely y urs, Arthur T. Wilcox Department Head The Assistant City Attorney read the following report: You have requested our opinion regarding the Putitions filed with the City Council by William M. (Andy) Anderson, asking for a special charter election. A Petition consisting of 69 two page parts was filed with the City Council by Mr. Anderson on March 2, 1972. I am informed, although I have not verified this, that this Petition contained 914 signatures and I have been advised by certificate of the County Clerk and Recor,lnr that this Petition contained signatures of 667 registered voters within the City of Fort Collins. On March 9, 1972, Mr. Anderson submitted a Petition consist- ing of 24 two page parts which I am informed contained 260 signatures, and I am advised by certificate of the Larimer County Clerk and Recorder that this Petition contains the signature of 139 registered voters residing within the city limits. I am also advised by certificate of the County Clerk and Recorder that there were 10,624 votes cast by residents of the City of Fort Collins in the last gubernatorial election and, accordingly, ten per cent of such number would be 1,062; and five per cent of this number would be 531. Two.questions have been presented for our opinion as follows: I. Is it necessary that a person bn r?gistered to vote in order to be counted as a "qualified elector" under the provisions of Article 20 of the Constitution of the state of Colorado. 2. Is it possible to supplement or add to a Peti- t1un asking for u spuciul charter elution after such petition hus heen f:ilcd Wit), t110 City Council. Thosu two questions will be discussed in this order. i Article XX of the Con,ti'_ution of the State of Colorado governs charters for home rule cities, and Section 5 of that Article sets forth the require- ments for a change in a City Charter. The applicable portion.of this Section reads ag follpwc7 ".It shall be competent for qualified electors in number not loss than five per cent of thn next pr-cndi.ng guber- natorial veto in said city and county to petition the Council for any measure or charter amendment, or for a charter convention. The Council shall submit the same 222 March 16, 1972 to a vote of the qualified electors at the next general election not held within 30 days after such petition is filed; whenever such petition is signed by qualified electors in number not less than ten per cent of the next preceding gubernatorial vote in said city and county, with a request for a special election, the council shall submit it at a special election to be held not less than 30 nor more than 60 days from the date of filing the petition; ..." - As indicated above, we are informed that 10,624 rusidunis of the City. voted at the last gubernatorial Suction and it uppunrN, thuruForu, shut 1,01',2 valid signatures would his needed fur a spuciul ulucCiun, and 31 valid signatures would be required to submit the matter at the next general elec- tion. There appears to be no question but what there are sufficient sig- natures to submit the matter at the next general election, however, the question of whether to submit the measure to a special election depends in part upon the meaning of the term "qualified electors". It is noted that this term is defined in the Charter of the City of Fort Collins as follows: "'elector' means a person who is entitled to vote at a particular time, and includes the term 'qualified elector'.'' CArticle XXI, City Charter) Under the provisions of the applicable part of the City Charter, the State Constitution and the State Election Laws, a person is not entitled to vote at a particular time unless such person is duly registered and, accordingly, it appears that if the definition used in the Charter applies to the con- stitutional use of the term "qualified elector", it would be necessary for a person to be registered to vote in order to fit this definition. It is further noted that the term qualified elector is defined in the statutes of the State of Colorado as follows: "Iuluclur' or 'qualified eluctur' muuus a purson who is legally qualified to register to veto in this state" (Section 49-1-4(4) C.R.S. 1963.) Accordingly, itshould be noted that Under the definition in the state's statutes, a person does not need to be registered to be a qualified elector. Interestingly, it is also noted that the same section in sub -paragraph 6 thereof defines the term "tax paying elector" or "qualified tax paying w ec- tor" as a person who is a registered elector and has paid a tax upon property assessed to him. It appears that these two definitions are not compatablo since one appears to require registration and Chu uChur nppnnrs nut: in, It. is our opinion, however, that neither definition is nocussarily applicable to the term as used in the constitution. It seems clear that neither the City Charter nor a law passed by the legislature could change the meaning of the term "qualified elector" 2s such term is used in the State Constitu- tion. Section 1 of Article VTII of the Constitution of the State of Colorado provides as follows: "Section 1. Qualifications of elector, livery citizen of thu Ilnitud Slat v! who sha II h"vu •:I In i u,,.l Ih., fq.", ul' Ilw•r, y, One yunre, Nhall hnvo ruaidud In thlu slulu n"L W%n I.luu, one year next precuding the uluuLl on at which hu ulFurs to vote, and in the county, city, town, ward, or precinct such time as may be proscribed by law, and who shall have been duly registered as a voter if required by law, shall be qualified to vote at all elections; provided, that the general assembly may by law .nxtend to citizens of the United States who have resided in this state less than one year, the right to vote for presidential and vice-presidential electors." This Section sets forth the qualifications required by the State Constitu- tion and it is noted that onecof those qualifications is being duly registered. This question has been considered by the Courts of many jurisdictions and a variety of results have been arrived at, depenoing usually upon the terms of the particular constitutional Provisions or law being construed. Because of this, it is felt that authorities from other jurisdictions are usually not very persuasive. In AukarR V. Uiehn, 336 Pa. 118, 8 A 2d 400 (1939), the Court held that a -person must be registered to be a qualified elector. The constitution of that state defined the qualifications - t' 223 of electors but did not include a requirement of registration. The Court hold, 11"01'lhnlpc:. Ilint rouIfit rnlIt. n way It uocog¢IIy nod in so holding, uuLu.lI "The ullurnuI No holding Illlghl ro'url1, In it rol'oroflit till tilt lhtl denting Of porsalls not qualified to vote, a result which we think would have been expressed if intended....; unless that were held to have been the legisla- tive intention, the collmlission would have no way of ascertaining whether the requisite number of signers wore electors; if rogistration at the time of signing be a requisite, the camnission can immediately determine the fact by consulting the registration lists.1, See also the following cases holding that a qualified elector means one regis- tered to vote at the time of signing: In re township of Sugarcreek 418 Pa. 166, 209 A2d 823 ; Ahrens v. Kerby, Ariz. , 37 P.2d 375 (1934) State v. Rector, 158 S.C. 1 , 155 S.). 385 (1930); Hunt v. Superior Court, 64 Ariz. P.2d 293 (1946; in re Donahayls Confeste Election, 21 N.J. Misc. 360, 34 A.2d 299 (1943); Ke�r_l_9- v. Wetherell, 61 Idaho 31, 96 P.2d 503 (1939; Pike County School District v. him Cotmt Arkansas, Ark. , 444 S.W.2d 75; 'Packer v. Board of Commissioners, lea 1.1a. 1S, 127 hla. 248, 1.70 &>. 458 (1936); and State v. Ihuln, 118 Kan. 184, ; V; I'nr. 152. 6: ntilvd nhnve, Ihero at-(!nlao nI:InY ,liilir•1i(-li( which havo held rogl!N1,111 hill 11411 In lit, IIlul' 11 g11nlilitnl t.f.'. I111'. IIIIW"Voll. it, .vull case Lhis was biked lgxal die pr•ulliaxi wording of I.ho slatllto or the cousLituliuuul. provision in question. Our research indicates that in many cases where the con- stitutional or statutory provisions does not expressly require registration, the courts have nevertheless made this a requirement because of the impossibility of verifying that the signatures are correct unless the clerk or other person rorspon- sible can refer to the. voter Itog;istravion list. In addit•irn1, one Colorado case, to -wit: "In the Matter of House Bill No. 166; A Bill For Ali Act Concern Notaries Public 9 Colo. 028 ( 88 ) , tie Co oia-To codrt ie t iat e term "qualified elector' as used in Section 10 of Article XIV of the State Constitution means a person qualified to vote generally. Again, under the applicable law, before a person is qualified to vote generally, they must be registered and this case would, therefore, appear to be an authority for the proposition that a person must be registered to be a "qualified elector". See F. Purser v. Souix City, 226 N.W. 551. For the reasons given above and particularly because of the require- ments of Section 1 of Article VII of the State Constitution, it is our opinion that a person must be registered at the time of signing the Petition in order to be a "qualified elector" :is this term is used in Section 5 of Article XX of the State Constitution. It is also our opiuiou that once a Petition asking; for a charter eltlrlitin is filed with the Cily 011111ci1. the s:nuc tnnnol bo wilhch•awn, Altered, rluulgod tir uul;ultnlloil and till, litho 1 of flit, !oltuti unr.l he drlt"•uliued till II1r hn!:in of the petition as Piled. .it is noted that Section 5 of Article XX requires that action be taken by the City Council within a specified time from the filing or the Petition in certain instances and because of this, it is necessary that the filing dato be a'clefi.nitcly established elate and not one which is continually changing bec:iuso of the augillcntat'.ion of such Petition. 1': i., further noted that it is urcessary to make tl delerininatiou as to the mother of qualifying; signatures on tho Petition and such dutenitivation would be very difficult, if not impossible, if the petition were subject to clwug;e after it is filed. Undor the tens of Section 5 of Article XX, it t:ppcarS that the VcLiLion filed with the City Council on March 2, 1972, was one Petition and the same must be liven the effect to which it is entitled pursuant to such Section 5. It further appears that the Petition which was filed on March 9, 1972 was another Petition and this Petition must also be given the effect to which it is entitled under such Section S. It is therefore our opinion, that a Petition once filed cannot be altered or augmented. See in re Haworth 258 A2d 447 (fist. of Columbia, Ct. of Appeals 1969). The Petition filed on March 9th contained the signature of qualified electors amount- ing to less than 5% of the number of city residents voting in the last gubernatorial election and pursuant to Sectiolt 5 of Article XX, this Petition would not be entitled to any action. The other Petition which was filed on March 3, however, contained the signatures of qualified ele^tors numbering more than 5% although less than 10% of the number of residents voting in the last gubernatorial election and accordingly this Petition requires that the matter be submitted to a vote of the qualified electors at the next general city election. i fully submityred, / at Cicy Aywrney 224 lAyor Carson asked that this report of the Assistant City Attorney be received and since there was not a full Council present, he recommended that action on this matter be postponed to give the Council an opportunity to study it. Motion was made by Councilman Fead, seconded by Counci',.oman Preble, to accept the report of the Assistant City Attorney and attempt to take official action on this matter next week rn. until Councilman Lopez returns. Upon a roll call, all members of the Council voted in the affirmative. Andy Anderson was present and requested a copy of the City Attorney's report. He said that according to the State Constitution, Section 5, Article 20, a.. special election must be held in not less than 30 or more than 90 days after after receiving petitions of the sufficient number of qualified electors. He respectfully asked that the Council act accordingly to the wishes of the people which is 1174 people who so stated that they were qualified electors., stating they would do wh=' e7er Mr. March order that we have to do, and they would start over if necessary, on petitions calling for the City Manager to be places on the ballot every four year "to run against his past record. Mayor Carson said such a situation would be a "noose around the Council's neck" if it were implemented. He stated that the absence of the City Manager being on vacation would not stop the Council from making a decision on the legality of the petitions next week. The City Manager asked -approval of the Council to purchase two shares of Water Supply and Storage water on a rent back basis for $200.00-an acre foot, that it was approved by the Water Board. Motion was made by Councilwoman Preble, seconded by Councilman Peterson, that this be approved. Upon a roll call, all members of the Council voted in the affirmative. hUjOURNMENT Motion was made by Councilman Fead, seconded by Councilma Peterson, that the Council adjourn. Upon a roll call, all members of the Council voted in thy affirmative and the Council adjourned. ATTEST: City Clerk