HomeMy WebLinkAboutMINUTES-03/15/1973-Regular140
MarcAX, 1973
March 15, 1973
COUNCIL OF 'TlE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting
A regular meeting of the Council of the City of Fort Collins, Colorado, was
held on Thursday, MarcL 15, 1973, at 7:30 P.M. in the Council Chambers of the
City Hall. Mayor Carson called the meeting to order; there were present
Councilmen Carson, Lopez, Preble and Fead.
Staff members present: Brunton, DiTullio, Laquin, Cain, March and Lewis.
Proclamation and declaration - 5i,, F`_e Weei,
Mayor Carson read at length a proclamation declaring the week of March 18, 1973,
to be "Camp Fire Week" in Fort Collins. He further stated Councilman Fead
was the father of Camp Fire members and that the City was happy to participate
in this endeavor. (Proclamation in Central Files).
Minutes of March 8, 1973 approved
Mayor Carson stated the minutes had been received and that hearing no corrections
the minutes stood approved as published.
Boundaries set and hearing date established on a Class B, Fermented Malt
Beverage License for Southland Corporation dba 7-Eleven District 1822,
1029 South 'Taft Hill Road
City Attorney March stated the application was in proper form and that Council
should set the boundaries and establish a hearing date.
COLunCllman Fead made a motion, seconded by Councilman Preble, to establish the
boundaries 2,000 feet in each direction, and set the hearing date for April 26,
1973. Yeas: Councilmen Carson, Lopez, Preble and Fead. Pays: None.
Erdmann Subdivision approved
Director of Planning, Donald Reynolds, stated this was a one lot subdivision that ._..
met all the requirements.
Councilman Fead made a motion, seconded by Councilman Lopez, to approve the
subdivision. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None.
Laufer Rezoning petition ..referred to Attorney
Director of Planning Donald Reynolds stated the recommendation of the Flanning
and Zoning Board was for denial of this request as it was felt that there was
no need shorn for additional business zoning.
City Attorney March stated he had been contacted by the Attorney for the
petitioner and they requested the matter be set for hearing.
Councilman Preble inquired _rto the possible health haz.a referred to in a
memorandum from the Planning and Zoning Board. This was defined as an existing
144,
junk yard.
Councilman L,cpez made a motion, seconded by Councilman Preble, to refer the
matter to the City Attorney for processing. Yeas: Councilmen Carson, Lopez,
Preble and Fead. Nays: None.
Ordinance authorized to annex Warren Shores
Third Annexation
Director of Planning Donald Reynolds reviewed the two zones requested RP and
RLP.
Councilman Preble made a motion, seconded by Councilman Lopez, to refer the
matter to the City Attorney for ordinance preparation. Yeas: Councilmen
Carson, Lopez, Preble and Fead. Nays: None.
Petition for Annexation Tabled - Warren Shores Fourth
Annexation
City Attorney March stated it would be proper to table this petition until
such time as the Warren third Annexation was completed.
Councilman Lopez made a motion, seconded by Councilman Preble, to table the
petition as suggested by the City Attorney. Yeas: Councilmen Carson,
Lopez, Preble and Fead. Nays: None.
Ordinance authorized annexing Thunderbird Annexation
Councilman Fead made a motion, seconded by Councilman'Preble, to refer the
petition to the City Attorney for ordinance preparation. Yeas: Councilmen
Carson, Lopez, Preble and Fead. Nays: None.
Ordinance adopted on Second reading annexing Collindale Second
Annexation to the City of Fort Collins
Councilman Lopez made a motion, seconded by Councilman Preble, to adopt Ordi-
nance No. 21, 1973, on second reading. Yeas: Councilmen Carson, Lopez,
Preble and Fead. Nays: None.
ORi3I VINCL `0. Ji , 1973,
n;;ItrC n oRi?I!.. Ir �p...a n;x7 'ZY t^ ,na / S Tip
1 IL'4 .1....If G, .:\l C' \ L1 11. f.
COLLI:F `U1 SEM)ND A v di l'TIfY,d 'M T,; CI'IY 0,1 FORT
COLLIN''S
1117R?R AS, heretofore, a written petition, to ether idth four Prints
of an annexation map n..as filed .t the City Clork o£ the City of Fort Collins
requesting Vie annexation of certain terr4tory more particularly described
belcna to Cie City, and
11.1EU 15, the Cit, Coinicil has found and deter4.:i::rd and does herby
find and determine that said petition is in substantial eompliunce with
F
14.y
March-15.,-19.73
the provisions of Colorado Revised Statutes, 1963, Section 137-21-6 as amended,
and-
1vIUMIS, the City of Fort Collins is the sole owner of the pro-
perty to be annexed and said property is not solely a public street or right-
of-iray, and
1V17-%AS, not less than one -sixth (1/6th) of the perimeter of the
area to be annexed is contiguous with the City of Fort Collins and a com-
mmity of interest exists between the territory to be annexed and the City
of Fort Collins and the territory to be aimexed is urban or will be urbanized
in the near future and such territory is integrated or is capable of being
integrated with the City of Fort Collins, and
10110M%S, none of the provisions of Colorado Revised Statutes,
1963, Section 139-21-4, as amended, are violated by the annexation of tliis
territory to the City, and
1:^UTTAS, no election is required under the provisions of C^'_orado
Revised Statutes, 1963, Section 139-21-6(2), as amended, and no additional
terms a,cd conditions ura to be ir"sed in connection with this annexation,
and
COLLDIS:
1'VE &1S, t':e territory is oligible for annexation and the City
desires to annex the same to the City of Fort Collins.
MM, 'II ERIT-GRE, BE IT UMENM BY M EE CWNCIL OF THE CITY OF FORT
Section 1. That all of the territory more particularly described
as situate in tho County of Lariner, State of Colorado, to -wit:
Consiac,ring the ,Lbrth line of Section 31, T7N, R6819, of the 6th
P.M. as bca.ing N 89o57' Ii and with all bearings. contained herein
relative thereto; begin at tho lvortln+est corner of said Section
31, ne thence N 8P57`0011 ii, along said liorth li3985.52 feet
to the WOst row line of the Union Pacific "Railroad, thence S 000
OS' 20" IV along sari Nest line, 2654.43 feat to a point on tic South
11nc of tine Borth lialf of said Section 31, t ,once N 89048' 08" 1V
along said South dine 2600.9-6 feet, thence N CC"03100" IV 1018.';7
feet, thence N 6(,^22100" 11 270.69 feet, thence A 20357,400 E
218.28 feet, thence N 1020126" W 17.1.23 feet, thence N 47030100"
11 192-sr: freer- tU,nnce I"! 6"1 37'00" W 141.89 feet. thence N 830
17'00," is 183.30 feet, thence S 39029100" W 291.18 feet, thonce
S 85049100" IV 75.09 foot, thence S 67007700" W 49.15 feet, thence
1_43
Ir
March 15, 1973
S 740S0'(10" W 82.35 feet, t =Ce S MOWN" W 143.13 feet; thence
S 80026'00" W 72.90 feet, thence N 87019100" Fi 46.02 feet to a
point in the Coll ndale Golf C-W!Tse First Annexation; thence
alo-S said-wtoxation N 78014125" T 2400.00 feet, t;:ence continu-
;%." along said lane-yation N 78014'25" W 2400.00 feet to the point
of b•�ginning, containing 164.8654 acres
be and it lresreby is aiuiexed to the City of Fort Collhis and mde a part
of said City to he }mown as the Collindale Second Annexation to the City
of fort Collins.
Section 2. That in annexing sp-M. ter:itrny to the City of Fort
Collins, the City does not assim,(:: a.:; cbligat_un rwsncnt3nj tl:- construc-
tion of water mi•ns, surer 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 t}m oridinances of the City of Fort
Collins.
Introduced, considered favorably on first reading, and ordered
publisiied tlds 22nd day of February, A.U. 1973, and to be presented for
final passago on the 15th day of Ahrch, A.U. 1973. . n
r1ayor
ATITiST:
1973. Passed and adopted on final reading tills 15th day of March, A.D.
ATMST:
City CierK
Presented February 22, 1973 (Vote: Yeas: 4 Nays: None)
Passed Marchl5, 1973 Note: Yeas: 4 Nays: :e)
Published: February 27 and March 20, 1973
Attesf*
City Clerk
KAI]
i
March_15.,-93.3
Crdinance adopted or. s cond reading establishing
Districts and prescribing manner of Election
Councilman Preble made a motion, seconded by Councilman Fead, to adopt Ordinance
No. 22, 1973, on second reading. Yeas: Councilmen Carson, Lopez, Preble and
Fead. Nays: None.
ORDINANCE NO, ,'r_:<r 1973,
BEING AN ORDINANCE ESTABLISHING DISTRICTS FOR THE _ELECTION OF
COUNCIL MEMBERS
WHEREAS, at a special city election held on February 20, 1973, an amend-
ment to the Charter of the City of Fort Collins was duly adopted by the electors
of the City requiring that four (4) of the members of the City Council be elected
from districts established by ordinance of the City Council; and
WHEREAS, the City Council has, in anticipation of such change, requested
that the
.city administration make a study and make recommendations regarding the
districts to be established; and
WHEREAS, the administration has made such study and has made recommenda-
tions to the City Council and the City Ccuncil desires to establish districts
for the election of council members.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TIME CITY OF FORT COLLINS
that pursuant to Section 1 of Article II of the Charter of the City of Fort Collins,
the City is hereby divided into four (4) districts from each of which one (1) council
member will be elected at the general city election to be held on April 3, 1973,
Such districts are designated as follows:
A. District No. 1 comprising the Northwest segment of the City shall
consist of the following election precincts as heretofore established by Ordinance
of the City Council: Precincts 17, 18-19, 29, 30, 31, 33 and 34.
B. District No. 2 comprising the Northeast segment of the City shall
consist of the following election precincts: Precints.12, 13-14, 15, 16, 20, 21
and 22.
C. District No. 3 comprising the Southern segment of the City shall con-
sist of the following election precincts: 28, 32, 35, 36-18, 38, 39 and 40.
D District No. 4 comprising the Central -East segment of the City shall
consist of the following election precincts: 23, 24, 25, 26, 27 and 37.
Said districts are delineated on the council district map dated February
21, 1973, a copy of which is attached hereto and by this reference made a part
hereof.
Introduced, considered favorably on first reading, and ordered published
this 22nd day of February, A.D. 1973, and to be presented for final passage on
the 15th day of March, A.D. 1973.
M4yor —�
ATTEST:
City Clerk
14s;
Passed and adopted on final rending t1ais 15th day of AJarch, A.D. 1973,
Mayor
ATTEST:
City Clerk
Presented:
February
22, 1973
(Vote:
Yeas: 4. Nays: 0)
4. Nays: 0)
Passed:
March 15,
19713
(Vote:
Yeas:
Published:
February
23, 197--
and ,Lich 20,
1973.
Attest:
city Clerk
Ordinance adopted on second reading -relating., to the
licensing of Trash Haulers
Motion was made by Councilman Preble, seconded by Councilman rea"', ;.hat
Ordinance No. 23, 1973, be adopted on second reading. Yeas: Councilmen Carson,
Lopez, Preble and Fead. Nays: None.
ORDINANCE NO. S, 1973,
BEING AN ORDNANCE AMENDTNG ARTICLE IV OF CHAPTER 54 OF THE
CODE OF THE CITY OF FORT COLLINS, COLORADO, RELATING TO THE
LICENSING OF TRASH HAULERS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Section 54-18 of the Code of the City of Fort Collins
be, and the same hereby is, amended by adding at the end thereof the following:
"Not withstanding any other provision in this. ordinance,in
cases where there is no alley, grass clippings may be placed
in securely tied plastic bags deposited at the curb line on the
day of trash pickup. Such bags shall not be placed at the curb
on any day other than the day such trash is picked up."
Section 2. That Section 54-20 of the Code of the City of Fort Collins
be, and the same hereby is, amended to read as follows:
"Section 54-20. Charges:
Single family household garbage and household trash, as
defined in Section 54.15 of this article, which is located as
provided in Section 54-18 of this article, and wh3,ch is stored
in accordance wit1i Fection 54-19 of this article, will be removed
from the premises at a monthly charge for weekly pickup, not
to exceed the following:
146
9
March 15, 1973
A. No more than one (1) container each week, $2.75.
B. More than one (1), but no m^rec`han four (4) containers
each week, $3.25.
C. Each additional container over four (4), 25� per container
per week.
D. Bags of grass clippings deposited in the alley or at curb
line in accordance with Section 54-18 hereof, shall not be
considered in determining the number of containers.
Charges for trash pick up shall be billed four (4) months in advance by the
licensed operator serving the area, except that any charge for more than four
(4) containers will be billed in the next billing cycle in accordance with the
number of additional containers actually picked up. In the evert any custom r
terminates his trash pick up service for a period of two (2) continuous weeks
or more, and notified the operator of such termination in advance, then such
customer shall be entitled either to a prorata rebate or to a credit on his
next billing cycle representing the period of terminated service. Also, in
the event any customer who has paid for trash pick up in advance, moves
permanently from the location for which lie has paid for trash service,
then upon notification to the trash hauler, he shall be entitled to a
prorata rebate representing the then prepaid amount of his trash hauling
bill.: Nothing herein contained will prohibit a licensed operator from fur-
nishing pick up service other than weekly, or from providing special service
other than that contemplated by this article at a price negotiated between
such operator and the customer, providing such service is adequate."
Section 2. That Article IV of Chapter 54 of the Code of the City of
Fort Collins be, and the same hereby is, amended by adding thereto a new Section
followinZ Section 54-20, and by renumbering all subsequent Sections so as to
accommodate such additional section with such additional section to read as
follows:
"Section 54-21. Regulation:
All persons licensed under this article shall comply with all reason-
able regulations adopted by the City Manager or his designated representative.
Such regulations may require the submission of uniform accounting information
relating to the income and expenses of such licensed trash haulers, as the same
relate to single family household garbage and trash service, provided pursuant
to this article. .Such regulations shall also require that licensed haulers es-
tablish a satisfactory means of receiving customer complaints regaruing service
and charges, and shall further provide foi an appeal of any dispute 'nvolving
service or rates between a customer representative, in which case the City
Manager or his designated representative shall make a final determination of
any such dispute. Such regulations shall further provide for a special rate for
minimum pickup service to persons o er the age of 65 years who havv qualified
for the city's low income senior citizens" property tax rebate program. Before
any such regulations are adopted, the City Manager or his designated represen-
tative shall set a date for hearing on such proposed regulations and shpll give
notice to all parties licensed under this article, at least ten (10) days in
advance of the date of hearing on such proposed regulations. In the eva::t any
party licensed under this article objects to the regulations adopted after such
hearing, he may appeal the docision of the City Manage-: o: his designated repre-
sentative to the City Council, provided that a notice of such appeal is filed
with the City Clerk within ten (10) days from the date of adoption of the regu-
laliuns by Lhe City Manager or his designated representative. Thereatter, the
City Council shall schedule a public hearing upon the question of adoption of
14?
0
- — - — — -- — --- ---- - - March_15,_1973— —
such regulations, and shall give at least ten (10) days notice of such hearing
to all parties licensed under this article, and the decision of the City Council
at such public hearing, or any adjournment thereof, shall be final!'.
Introduced, considered favorably on first reading, and ordered published this
22nd day of February, A.D., 1973, and to be resented for final. passage on the -
15th day of March, A.D., 1973, j
ATTEST:
r
City Clerk
Passed and adopted on final icading this 15th day of March. A. D. 1973.
/s/ Karl E. Carson
Mayor
ATTEST:
/s/ Verna Lewis
City Cler
Presented: February 22, 1973 (Vote: Yeas: 4; Nays: 0)
Passed: March 1S, 1973 (Vote: Yeas: 4; Nays: 0)
Published February 27 and March 20, 1973.
Attest:
City Clerk
Ordinance adopted on second reading establishing Procedure for
Electors
Councilman Fead made a motion, seconded by Councilman Lopez, to adopt Ordinance
No..24, 1973, on second reading. Yeas: Councilmen Carson, Lopez, Preble and
Fcru.Nays: None.
ORDINANCE NO.` 1973,
BEING AN ORDINANCE EST �BLISHTNG PROCEDURES l4I [ REGARD TO
REGISTRATION OF ELECTORS IN THE CITY A<vD CITY ELECTIONS
WHEREAS, at the general City Election held on April 6, 1971, the
Charter of the City of Fort Collins was amended in order that matters regard
ing city elections could be controlled by the provisions of the state law
relating to elections! and
tiPHEREAS, experience under the Municipal Election Code of 1965 has
revealed di:ficulties in operation which need to be corrected; and
WHEREAS, the City Council desires to establish certain procedures
regarding registration of voters and the conduct of elections in order to
correct the deficiencies wh;.ch have become apparent under such Municipal
Election Code of 1965.
NOW, TIEREFORE, BE IT ORDAINED BY THE CUUNCil, UN THE Cil'Y OF Fula
COLLINS:
148
March 15, 1973
Section 1. Registration. Registration of municipal electors shall
be conducted in accordance with the provisiojs of the Municipal Election Code
of 1965, provided that any person registeren,.-, to vote within the City shall
indicate to the official who takes such person's registration that he is a
resident of the City of Fort Collins, and the County Clerk shall maintain
his registration list in such manner that registered electors who are res-
dents of the City can be separately identified from the other county registered
electors. Initially, the registered electors of the City shall be those persons
designated as residents of the City, on the county registration books after
the speci41 city election held in the City on February 20, 1973. Any person
who is registered to vote as a resident of the County of Larimer but not the
City of Fort Collins, and who becomes entitled to register to vote in elec-
tions of the City (whether by reason of annexation or othenaise) shall be
required to re -register as a qualified municipal elector in order to vote at
any future municipal election. The registration list supplied by the County
Clerk of the City for municipal elections shall indicate those electors who
are registered as city qualified electors. No person shall be entitled to vote
in a city election who is not registered as a qualified elector residing in
the City of Fort Collins, regardless of the fact that such person may be
duly registered as a qualified elector of the County of Larimer.
i Section 2. Precincts. Municipal election precincts shall be estab-
li.siied from time to time by the City Council by ordinance. The boundaries of
such precincts shall, to the extent possible, correspond with the boundaries
of the general election precincts established in the county. The number of each
precinct snall be designated by City Council and to the extent possible, such
numbers shall correspond with the numbers of general election precincts. In
the event the boundaries of the City are enlarged by annexations, the
territory annexed shall be included in the precinct which it adjoins, with all
precinct boundaries extending in a straight line from the former municipal
bowidary limit to the enlarged boundary limit.
Introduced,. considered favorably on the first reading, and ordered
published this 22nd day of February, A.D. 1973, and to be presented for
final passage on the 15th day of March, A.D. 1973.
yor
ATTEST:
—11
City Clerk
Passed and adopted on final reading this 15th day of March, A.D.
1973.
Mayor
ATTEST:
City Clerk
149
Presented:
February
22, 1973
(Vote: Yeas: 4; Nays: 0)
Passed:
March 15,
1973
(Vote: Yeas: 4; Nays: 0)
Published:
February
27 and March
20, 1973
Attest:
City Clerk
Ordinance adopted on first reading regarding increase
in Water Plant Investment. Fee
Mr. Jan C. Scarboro, Executive Manager of the Associated Building Contractors,
appeared before Council and sl4bmitted the following in support of the increased
ordinance above and the increase in the Sewer Plaint Investment Fee.
The Associated Building Contractors of Fort Collins, at the monthly meeting
March 14, 1973, agreed to support Alternate No. 1 of the Black and Veatch
Plant Investment Fee Study and request that the City Council procede without
delay,in the passage of Ordinances numbered 26 and 27, series of 1973.
It isiour belief that the fees established in this alternate reflect the
true costs of new service.
i
Ile would like to recoirhnend that these fees be evaluated yearly and that
adjustments be made accordingly, thus eliminating extreme increases such as
those we are presently faced wiih,
/s/ Jan C. Scarboro
Councilman Fead made a motion, seconded by Councilman Lopez, to adopt Ordinance
No. 26, 1973, on first reading. Yeas: Councilmen Carson, Lopez, Preble and
read. Nays: None.
Ordinancd adopted on first reading regarding.increase in
Sewer Plant Investment Fee
City Attorney March suggested an amendment to Type of Use:I, Residential.
Single aNTelling Unit or First Unit of tAilti-Family, to v:cludc "dVeiling or
mobile home court", Plant Investment Fee $550.00 and Tap Charge$190.00.'
City Manager Brunton concurred in the amendment.
Coun cilman Preble made a motion, seconded by Councilman Fead, to adept Ordi-
nance No. 27, 1973, as amended. Yeas: Councilmen Carson, Lopez, Preble and
Fead. Nays: None.
Ordinance adopted,on first reading regarding rate
increase at Landfill
City Attorney March stated it had just been pointed out to him that the
ordinance, as presented, did not contain an effective date. This date was to
be May 1, 1973.
Councilman Lopez made a motion, seconded by Councilman Preble, to adopt Ordi-
nance No. 28, 1973, to incluce the May 1, 1973, effective -date. Yeas:
Councilmen Carson, Lopez, Preble and Fead. Nays: None.
150
Marchl5.,_19.73
ti
II
Resolution adopted approving a I.ise permit with
Northern Colorado llater Conservancy District
City Attorney March reviewed the process of the"Temporary Use Permits", stating
this permit was for a total of 180 acre foot units to be put into the City's
name.
Councilman Preble made a motion, seconded by Councilman Lopez, to adopt the
resolution. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None.
73-
RESOLUTION OF THE COUNCIL OF 9 HE CITY OF FORT COLLINS
APPROVING A TEMPORARY USE PERMIT AGREEMENT
TO BE ENTERED INTO WITH THE
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
WHEREAS, the City of Fort Collins has obtained 180 acre-feet
units of the waters of the Northern Colorado Water Conservancy District;
and
WHEREAS, said district has tendered to the City two temporary
use permits, one for 80 acre-feet units and one for 100 acre-feet units,
allocating such waters to the City; and
WHEREAS, such temporary use permits have been approved by the
City Manager and the City Attorney and it is in the best interests of
the City to execute the same.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCII. OF THE CITY OF
FORT COLLINS, that the temporary use permits between the City and the
Northern Colorado Water Conservancy District be and the same hereby are
accepted and approved, and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and
they hereby are, authorized and directed to execute the same for and on
behalf of the City of Fort Collins.
Pasted and adopted at a regular meeting of the City Council held
this C��
�> day o:7 j�� A.D. 1973.
1 �
ATTEST: 7,4
MAYOR
City Cierk
Resolution adopted authorizing the signing of
9r1_hitect7!ra1 Pgreement with 1nno11c and
Associates for designing of Lincoln Junior
- - - - - - - March 15, 1973 - - - - -
Z.
City Attorney March spoke to the contract with the Architect and to a change
on Page 4 and 5, deleting Section 1.3.15 and by.changing Article 9 on Page 7.
"Ownership of Documents" to allow the City to use the drawings; this Article
is a standard part of the AIA (American Institute of Architects) form.
Councilman Fead made a motion, seconded by Councilman Lopez, to adopt the
resolution. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None.
73-20
RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AGREEMENT TO BE ENTERED INTO
WITH CHARLES S. INGALLS (INGALLS AND ASSOCIATES)
WHEREAS, the City plans to construct an indoor swimming pool
facility on the property which is now the site of the Lincoln Junior High
School in the City of Fort Collins; and
i
j WHEREAS, in connection with such project it is necessary that the
City employ an architect to do architectural work and perform architectural
services; and
WHEREAS, the City has interviewed applicants for t'ie posit ion of
architect on this project and have selected Charles S. Ingalls as the architect;
and
WHEREAS, an agreement has been prepared providing for the employment
of such architect on this project, which agreement has been approved by the
City ,Manager and the City Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the terms and conditions of said agreement be, and the same hereby
are, accepted and approved, and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they
hereby are, authorized and directed to execute said agreement for and on
behalf of the City of Fort Collins.
Passed and adopted at a regular meeting of the City Council held
this 15th day of March, A.D. 1973.
ATTEST:
/s/ Verna Lewis
City Clerk
152
l3
March 15, 1973
FINDINYJS AND RESOLUTION 73-21
OF TIE COUNCIL OF TH9 CITY OF FORT COLLINS, COLORADO. ACTING AS
THE LG+ AL LIQUOR LICEZING AUTHORITY CONCERNING AN APPLICATION
FOR A HOTEL AND RESTAURANT LIQUOR LIC24SE
The application of William R. Starke and Mary Ann Brantmeyer d/b/a
Northern Hotel, Restaurant and Lounge for a Hotel and Restaurant T,i.quo--
License came on for hearing on the 1st day of February, 1973, .in the Council
Chambers, City Hall, Fort Collins, Colorada, pursuant to notice duly given
as required by law.
The authority, having heard the evidence introduced at the hearing,
and having examined the documents introduced and having heretofore held
a preliminary hearing and"issued findings in writing on said preliminary
hearing, now makes the following findings:
1.• The neighborhood to be served under this application is as
defined in the preliminary findings of the Authority.
2. Nothing contained in C.R.S., 1963, Section 75-2-39 prohibits
the issuing of a license at the proposed location.
3. The applicants are of good character and qualified under the
Ordinances of the City of Fort Collins and the laws of the State of Colorado
for the license applied for.
4. The application is in proper form.
5. Petitions were presented and received at the hearing, indica-
ting a need for the license applied for and no evidence was presented indi-
cating that said need does not exist, and the local licensing authority
hereby finds that the reasonable requirements of the neighborhood require
the issuance of the license applied for. The Authority recognizes that
other licenses exist in the neighborhood, but the testimony produced at the
hearing on this application indicated that the hotel in which the premises
ire located constitutes a --cparate neighborhood within t;..�-neighborhood and
that a need does exist for the type facility applied for in connection with
the hotel which need is not served by the existing licensed outlets.
153
March IS, -1973 _
6. The building in which the license is to be operated is now i,
contracted; inwever, the plans and specifications of the applicant show
that the applicant proposes to improve said premises to accommodate the
proposed licensed premises and no license should issue until the construction
is completed in accordance with the plans and specifications submitted
by the applicant and the requirements of the Building Inspector made in
conformity with the Ordinances of the City of Fort Collins.
RESOLUTION
OF THE COUNCIL OF THE CITY OF FORT CC)LLIMS A( IN AS '� LOCAL
NG AN APPLICATION FOR A HOTEL
LIQUOR LICENSING AUTHORITY CONCERNI
AND RESTAURANT LI UOR LICENSE.
BE IT RESOLVED by the Council of the City of Fort Collins, acting
as the local liquor licensing authority that the application of William R.
Starke and ;,tary Ann Brantmeyer d/b/a Northern Hotel, Restaurant and Lounge
for a Hotel and Restaurant Liquor License be and the same hereby is granted
in accordance with the findings of the Authority set forth above; and
BE IT FURTHER RESOLVED that said license shall not issue until
the remodeling and improvement of the licensed premises is completed in
accordance with the plans and specifications submitted to the Authority
and the requirements of the City Building Inspector, and the Authority
Inspector that said improvements
eived a report from said Building
has rec
have been completed in accordance with said plans and specifications and
the requirements of the Building Inspector.
Passed and adopted this 15th day of Ntarch, A.D. 1973.
ATTEST:
i Al
it .C,
airman
1 A5 4
March 15, 1973
Councilman Lop.,z.m_de a motion, seconded by Councilman Fead, to adopt the
resolution and findings on the Northern Hotel. Yeas: Councilmen Carson, Lopez,
Preble and Fead. Nays: None.
Emergency Ordinance adopted relating to Election
'Precincts and Polling Places
City Attorney March stated because of thearvtouncement made of the Candivacy of
Charles 0. Bowling, the Election Board felt it prudent to change the polling
place for Precinct 39, and because of a conflict at St. Paul's Episcopal
Church, 1208 hest Elizabeth, Precinct 31 had to be moved to University
Lutheran Chapel, 805 South Shields. This ordinance, No. 31, 1973, is an amend-
ment to Ordinance No. 95, 1972.
Councilman Lopez made a motion, seconded by Councilman Fead, to adopt Ordi-
nance No. 31, 1973. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays:
None.
ORDINANCE NO. .3% 1973,
.RELATING TO ELECTION PRECINCTS
_ AND POLLING PLACES
BE IT ORDAINED BY TIME COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Ordinance No. 95, 1972, be, and the same hereby
is, amended by changing the polling place for Precinct No. 31 fro,., St.
Paul's Episcopal Church, 1208 {Vest Elizabeth, to University Lutheran
Chapel, 805 South Shields, and by changing the polling place for Precinct
No. 39 from Bowling Galleries, 2700 South College, to The Light Center,
2716 South College.
Section 2. The City Council hereby finds and determines that
an emergency exists for the immediate preservation of the public peace,
health, safety or property in that the general city election will be
held on April 3, 1973, before a normal ordinance would be effective,
and this ordinance is therefore passed as an emergency ordinance and
shall be effective upon passage.
Introduced and passed by tho affirmative vote of four members
of the City Council and ordered published this 15th day of March, A.D.
1973.
ATTEST:
City Clerk
155
-March_14:,-197.3 - - - - - -
4
I (,
Presented and passed March 1S, 1.973 (Vot.e: Yeas: 4, Nays:0)
Published March 20, 1973
Attest:
City Cler
Resolution adopted approving and providing for the execution
of a proposed Contract for Grant to develop_. land for
Open Space Purposes
City Manager Brunton stated the Grant, although entitled for open space, was
the $300,000 requested for the Swimming Pool at Lincoln Junior High. Further,
the City was fortunate in receiving this funding as sister cities had not been
so sl!ccessful.
Councilman Fead made a motion, seconded by Councilman Lopez, to adopt the resol-
ution. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None.
73-22
RESOLUTION OF TIME COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AND PROVIDING FOR THE EXECUTION OF A
PROPOSED CONTRACT FOR GRANT TO
DEVELOP LAND FOR OPEN SPACE PURPOSES
WHEREAS, under Title VII of the Housing Act of 1961, as amended,
the United States of America (herein called the Government) has tendered to
the City of Fort Collins, Coloradc, o
(herein called the Public Body) a proposed
contract for grant to acquire and/or develop land for open space purposes
under which the Government agrees to make a grant to the Public Body to aid
in financing a project designated Project No. OSD-CO-08-00-0088; and
WHEREAS, the Public Body has given due consideration to said proposed
contract; and
WTIEREAS, the Public Body is duly authorized under and pursuant to
the constitution and laws of the State of Colorado to undertake and carry out
said project and to execute said proposed contract;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1'. The proposed contract designated "Contract For Grant to
Acquire and/or Develop Land for Open -Space Purposes, Contract No. DEN-416,"
consisting of pars I and II under and subject to the provisions, terms and
conditions of which the Government will make an open -space land acquisition
and/or development grant under Title `.-II of the Housing Act of 1961, as amended,
to the Public Body to aid in financin; the cost of a project designated Project
No. OSD-CO-06-00-0088 situated in For: Collins, Larimer County, Colorado, is
hereby in all respects approved.
Section 2. The City Manager is hereby authorize,c and directed to
execute said proposed contract in three counterparts on behalf of the Public
Bedy, and the City Clerk is hereby authorized and directed to impress and
h --ch and
attest tle official seal of the Public R0-dY �+� 'C ,.., .....lit C:l.aT`�. U+w w
forward such counterparts to the Department of }lousing and Urban Development
together with such other docu^.ls.:"=s relative to the approval and execution
thereof as may be rcauired In, the Government.
Lri
Vic
Y1
Secti,.;, 3. The Director of Finance of this Public Body is hereby
authorized to file requisitions together with necessary supporting documents
with the ;ovcrnment from time to time as grant funds are required, requesting
payments to be made to it on account of the grant provided for in the contract
and to do and perform all other things and acts required to be done or per-
formed in order to obtain such payments.
Section 4. The Public Body agrees to abide by all the provisions,
terms and conditions of said contract.
Section S. This resolution shall take effect this .lSth day of
March, 1973.
Passed and adopted at a regular meeting of the City Council held
this 15th day of March , A.D. 1973.
MAYOR
ATTEST: ..� .........
City Clerk
Bids on Painting at Municipal Building Tabled
City Manager Brunton stated he would recommend the tabling of this item as there
needed to be more investigation made into needs as space allocation was investigated.
Councilman Preble made a motion, seconded by Councilman Lopez, to table consider-
ation of this bid. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None.
Report on Cem«,teries
City Manager Brunton stated the administration had held several public meetings
and severnl-meetings with the Funeral Directors, and was desirous of getting
Council input before proceeding with another meeting. Further, lie recognized
that in other cities there was a separate department of cemeteries, and although
'it was a poor time to increase the span of control of the City Manager's office,
it was intended that the proposed rules and regulations would place more
responsibility with the Cemetery Superintendent, make the cemetery more self
sustaining and provide the right of the P_-ople to make appeals.
Secondly, a proposal to put the cemetery into a Special Fund, isolating the
interest in the pe:•petual ca,e'fand.
Various items included in the City ,tanager's recommendation was the discontinua-
tionof rose bushes in new areas, longer lead time for clean up notices and
blanket covering disconti.n>>ance.
The City Manager also proposed that ihey corrplete the purchcse of Roselawn;
now $9,300 and spoke of the needed new garage, paving of a road and extensive
renovating. Also, the recommendation That Council accept the rules and
regulations, as presented, then accept the recommendation on the rates and
authorization to proceed with a contract with Roselawn.
City Manager Brunton stated there would be one.more public meeting on Wednesday,
March 21, 1973, at 7:30 P.M.
Councilman Preble inquired how long it had been since there had.been a raise
in the cemetery rates and it was stated it had probably been 10 years.
City Attorney March made comments on three pages of the regulations and stated
he would review them with the Cemetery Super i.ntendant prior to t,e item coming
back to Council after the -Wednesday meeting.
Proposal for sale of land for Foothills Park
Referred to Administration
Attorney Gene E. Fischer, representing Venture Developments, Inc., appeared
before the Council on a proposed sale of land west of Overland Trail and east
of FIorsetooth Road. Attorney Fischer, in his opening remarks, stated there
was 200 units of Horsetooth water, one log house, a rock house and a frame
house included in this proposal. Also, the Pleasant Valley and Lake Canal
ditch ran through the property and a small lake that coula be enlarged to
irrigate the lower park.'
Below were two alternate proposals for acquisition of the land:
SEVEN. YEAR SALE
TRACTS
INTEREST AT AN OUTRIGHT
YEAR
PURCHASED
COST PRICE
INTEREST
SALE PAID IN 7 YEARS
1973
A
$112,000.00
None
None
1974
F,G,H
88,779.00
$ 8,168.58
$25,714.32
1975
B,I
111,336.00
4,617.44
21,428.60
1976
J
99,498.00
3,979.91
17,142.88
1977
C
103,029.00
None
12,857.16
1978
D
102,938.00
None
8,571.44
1979
E
132,256.00
None _
4,285.72
$749;836�00
fi16_765;93
590,000.12
158
TEN
YEAR SALE PAYING $75,000.00
i
PER YEAR
TRACTS
UNPAID
INTEREST PAID AT AN
YEAR
PURCHASED
BALANCE
INTEREST
OUTRIGHT SALE 10 YEARS
1973
AFGHIJ
$316,214.49
None
None
1974
214,214,49 $
9,648.58
$27,000.00
1975
B
166,214.49
6,648.58
24,000.00
1976
186.611,93
7,464.48
21,000.00
1977
111,611.93
4,464.48
18,000.00
1978
C
139,604.93
5,584.20
15,000.00
1979
D
167,578.93
6,703.16
12,000.00
1980
92,578.93
3,699.16
9,000.00
1981
E
149,835.00
5,993.40
6,000.00
1982
74,836.00.
2,993.40
3,.000.00
$53,199.44
$135,000.00
Added
comments by
Attorney Fischer
pointed out
that this property could be
purchased
on an
option basis; this
was the last
open space area to the west, and
might solve the
foothills dilemma,
also the possibility
of obtaining BOR
funds
for acquisition
and development.
City
Manager Brunton
expressed his
concern over
the availability of BOR funds,
also
the City's
number one priority
being the Lee
Martinez Park.
Questions posed by Council members included:
1. The need for development of an open area along the river bottom.
2. The need to decide on an"over-all open space and park plan.
3. The lack of a schedule for open space and a park plan.
Mr. Tom Coffey, Consultant for Venture Developments, Inc., stated the seven year
proposal was in accordance with the DT2 program; that the cash outlay would
be minimal each year, and the possibilities open to the City under the option
acquisition plan.
Councilman Preble made a motion, seconded by Councilman Fead: to refer the
matter to the administration for study and recommendation on:this propusal,
appraisal and outline and evaluation of the total land acquisition program.
Ordinance authorized relating to BB Guns
City Manager Brunton stated he endorsed the recommendation 1'or an ordinance
governing BB Guns and called on Chief Smith to add comments. Police Chief
Smith stated the Police Department had no means of enforcement on cumnlaints
i
Er!'
involving Bb guns. Council members spoke in favor of the recommendation
leading City Attorney to request clafification on the desires of Council on the
outlawing totally of BB guns, or the discharge of guns of premisses.
Councilman Preble made a motion, seconded by Councilman Fead, to refer the
matter to the City Attorney for ordinance preparation, to include BB guns in
the discharge.:of;. weapons, as now defined in the ordinance. Yeas: Councilmen
Carson, Lopez, Preble.and Fead. Nays: None.
Purchase of Motorola Monitors for new
frequency for Police Department
Approved
City Manager Brunton stated this item was not included in the City's 1973
budget, that this item was 100% funded through the Federal Government.
Police Chief Smith outlined the use of the monitors and spoke in favor of the
purchase.
Councilman Fead made a motion, seconded by Councilman Lopez, to approve the
request for purchase for a total of $1,347.50, 100% Federal funding. Yeas:
Councilmen Carson, Lopez, Preble and Fead. Nays: None.
i
Agreement with Concessionaire at Collindale Golf Course, including
transfer of 3.2% Fermented Malt Beverage License
Approved
City Manager Brunton stated the administration felt Mr. Vernon Haczb arth, con-
cessionaire, appeared to be a good operator and recommended approval, of the
contract.
Director of Parks and Recreation, spoke to the terms of the agreement, hours
and kinds of food served.
CounciL-man Preble made a motion, seconded by Councilman Fead, to approve the
agreement. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None.
City Attorney March reviewed the file on the requested transfer of ownership of
a Fermented Malt Beverage License, stating it was consistent with policy on
transfers, also it was in accord with regulations governing the licensed
premises and the payment of the occupation tax.
Councilman Lopez made a motion, seconded by Councilman Preble, to approve
the license transfer. Yeas: Councilmen Carson, Lopez, Preble and Fead.
Nays: None.
Ordinance authorized repealing Article XVI of the Code relating
to Moving Picture Machine Operators
City Manager Brunton referred to two letters on this item, one from the Fire
Department and one from the Police Department in which the need for such a licens-
ing regulation.110 loneer applied. Further, the current license holders would
obtain a refund.
Councilman Lopez made a motion, seconded by Councilman Preble, to refer this
to the City Attorney for ordinance preparation. Yeas: Councilmen Carson,
Lopez, Preble and Fead. Nays: None.
Report of City Attorney
160
March 15, 1973
City Attorney March made a report on action brought against the Licensing
Authority in the denial of a Hotel-Restaurart Liquor License for the
Sportsman's Bar, stating the courts had found in favor of the City.
Adj ournment
Councilman Lopez made..a motion, seconded by Councilman Fead, to adjourn the
Council meeting. Yeas: Councilmen Carson, Lopez,
Lop/ez/, �P/reblieand Fead. Nays: None.
�( /Ci%�iJ711
Mayor
ATTEST:
o
Cltiy Cler c
U