HomeMy WebLinkAboutMINUTES-04/12/1973-Regular192
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April 12, 1.9"z
COUNCIL OF TI,`E CITY OF FORT COLLINS, COLORi" )C
Council-Maral,er form of Government
Regular Mecting
)k regular meeting of the Colu,cilo:E t.ire City of Fort Collins, Colorado, has
held on Thursday, Ahri.l. 12, 1973, at 1:30 P.M. in the Council Chambers of tihe
City 1idl.,
"12. Council present.
Staff .present: Brunton, DiTullio, Liquin, Bingman, Cain, :'arch and
Charles D. Bowlin,, suurn as Councilman
City Clerk Verna Lewis ad.ir:istered the oath of office to Charles Bmo ling as
Cowlcilman from Districc 4.
Eiection of Mayor and Assistant. Mayor
Assistant Mayor Preble chaired the meeting and stated the first item of: business
was the election of Mayor and Assistant Mayor.
Councilman Fead put the name of Mabel Preble into nomination for the office
of Mayor. Councilman Gray put the name of William Lopez in�c, nomination for
the office of Ha,
Councilman Lopez made a. motion, seconded by Councilman Fead, that nomi.nat.iens
cease. Yeas: Bowling, Gray, Fead, Lopez, Preble, Reeves and Russell.
Nays. Ncne.
Councilman Lopez stated,in keeping with openness in goverivnent, he would like .
voting to be viva voce; this sugdesti.on was concurred on by the rest of the
Council.
Assistant Mayor Preble put the question; following is the result of the voting
For Preble
Bowling
Fead
Preble
Russell
For Lopez
Gray
Lopez
Reeves
Councilman Bowling put into nomination the name of J. IV, N. Fead for the
office of Assistant Mayor.
Councilman Gray put into nomination the name. of William Lopez. No further
nominations were offered and Mayor put the question; following ib the result
of the voting:
For Fead For Lopez
Bowling Cray
.'ead Lopez
Freble Reeves
Russel l
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1931
April 12, 1973
S':atcmcn?:3 were made by Council mcAbc s rel.at L-.; to the ra Llonale for their
"Ot ng, and Cal rnJJJ1!ia11 Lopez lead from a prctared Statement.
Minutes of April 5, 1973 meeting proved
1]ayor Preble stated the mina es should reflect all Cow,cilmcmbers were present;
the mi.nutos of the April 5, 1973 lad been received and hearing no corrections,
-hey stood approved as published:
Transfer of ownership for 3.210 Fermented `,;alt Beverage License
by Danny Rogers dba. Town P1nap, 1.24 North College Avenue
Approved
City Attorney March reviewed the application stating it was in Proper fora ^-.d
Police Department rc*t»r1: could find no basis for denial. Mr. Rogers was
present, but was not questioned.
Councilman Lopez made a motion, seconded by Councilman "read, to approve the
transfer of ownership for the Torn Pump. Yeas:. Councilmen Preble, Bowling,
Dead, Gray, Lopez, Recvcs and Russell. Nays: None.
Renewal application for 33.2o Fermented PIalt Beverage License
for 'Thrifty Food, 1205 14est I'lizabeth Street Approved
City Attorney March reviewed th-- Pc.'i:'.e Department recomur._:'.ati.on which could
find no legal basis for denial.
Councilman Bowling made a motion, seconded by Counci.l.man Fead, to approve the
renewal application for 'Thrifty Foods. Yeas: Councilmen Preble, Bowling,
Dead. Gray, Lopcz, Reeves and Russell. Nays: None.
Ordinance authorized annexing Stewart Annexation
to the City. Referred.
Iircctor of Planning Donald ReynoldE reviewed the location of the annexation
petition and the zoning requested.
Councilman Dead made a motion, seconded by Councilman Gray, to refer the item
to the City Attorney for ordinance preparation. Yeas: Councilmen Preble,
howling, Fead, Gray, Lopez, Reeves and Russell. Nays: None.
Street Improvement and signalization authorized at
the intersection of I-Iorsetooth Road and
Lemay Avenue
City IManagcr Brunton stated this item had been studied by the conceptual Review
Comrni.ttees; and requested additional comments from Roy Bingman, Director of
Community:Development, who.gave-the foPlowingl:=report:
The Utyr Plan for -Progress indicates a curved section for Lemay Avenue,
south of Horsetooth Road and adjaceaL to Warren Lake.
There are a number of difficulties with the Loma), Avenue location as
planned:.
1. Because of.the way the Lake lies, it would 'necessitate some fairly
sha:,r curves around the Lake.
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2. Th- lard at the northeast cnrrar of Warren Lake is park land. With
an a-rter.la.1 street cutting t5 ough the park, we .feel .it would'present some
serious safety problems .in the future.
One alternative to the planned location would he to carry the curved
section of Lcmay Ace.iue north of Horsetooth. After careful consideration,
however, the following difficulties became apparent.:
1- Wlthip the present location of Lemay north of Horsetootn, there
are some utilities already installed, as major gas lines and telephuns lines.
2. The road would :,laver to be located between two hill areas.to have -
.reasonable grades on the streets. .T'nis area is a significant drainage and.
would require expensive .storm drainage structures for any roadway.. .
The last possibility is to leave the roadway configuration as .it is;
i.e.,. two tee interse:tions..:At first glance thisisounds like -poor plan_ning,.
but it is nor really if it is properly laid out.
Both intersections would be signalized to properly control traffic.
The two tee intersections would be one -quarter mile apart, which would permit
progression on Horsetooth. There would be double lef-c-turn lanes for the
through traffic on Lemay.
Some additional right-of-way would be required, which the developers
have indicated as no probl,o.. Also, the cost for this solution is the least.,
of any of the alternatives.
We, therefore, recommend that the Plan for Progress be amended to
reflect this solution.
Councilman Lopez made a motion, seconded by Councilman Fead, to amend the Plan
for Progress to include the changes. Yeas: Councilmen Preble, Bowling, Fead,
Gray, Lopez, Reeves and Russell. Nays: None.
Ordinance authorized cnnexing Warren First Annexation
to the City
Councilman Russell made a motion, seconded by Councilman Bowling to refer the
item to the City Attorney for ordinance preparation. Yeas: Councilman Preble,
Bowling, Fead, Gray, Lopez, Reeves and Russell.. Nays: None.
Signs approved for FovLhilin Fashion Mall
City Manager Brunton requested a review of the Denver Sign Code Litigation
from the City Attorney. Mr. -March stated the Denver Sign Code ordinance
differed -from ours, especially in thc*five ydar phase out:^period.° Further
as far as the legality of the City's ordinance, he felt it was constitutional
and would be upheld.
Council reviewed the proposed signs and Councilman Bowling stated it was
conservative Signing.
Director of Planning, Donald Reynolds, .stated the signs would be allocifed as
follows:
195
Ground level mali identification signs
May D4 F
Denver Dry
Sears
59 sq. ft.
2,399 sq, ft.
898 sq. ft.
646 sq. ft.
6,000 square feet allowed, approximately 4,002 square feet would be used.
Councilntitn Lopez made a motion, seconded by Councilman Gray. to approve the
signs for the Foothills fashion Mall. Teas: Councilmen Prebie, Bowling, Fead,
Gray, Lopez, Reeves and Russell. Nays: "lone.
Evergreen Park Subdivision Plat tabled
hie Neek
City Manager Brunton stated the Administration's recommendation on this
item was that it be tabled, as there was still the problem of getting right-
of-way for WINK Lane.
Mr. Lyle Carpenter stated they had agreed to provide a 80 foot right -of. -way.
Director of Cooma nity Dovelopmont, Roy Bingmian, stated the center alignment of
Willox Lane should be on the suction line, which would avoid complications
with the alignment of: the presont street on the west side of College Avenue
and that the intersection should be signalized.
Considerable discussion continued with the need for more staff work pointed
out by the City Attorney in the areas of alignment and right-of-way
dedications, and Hr. Carpenter's request to proceed as he has been working
with the City on this project for nine months.
A motion to table was wit:hdrai:ln, and a motion to approve in principal and
refer to the admi.nistraKon the problem of the Wi.11ox Street Right-of-way
and the lay out of the streets :in the subdivision, was reconsidered after
Councilman Reeves inquired into the pedostriau and bicycle ingress and
egress from the resideni.tal: portion through the industrial area to the neigh-
borhood shopping center.
Councilman Bowling stated the Planning and Zoning Board had considered this
item three times, and their recommendation, overriden by Council and would
like to have the industrial zoning changed to the new Industrial Park
District.
Councilman Reeves spoke again to the possibility of having a walk way ease-
ment on the Plat, and was advised by the City Attorney that change should
be made now if it was desired.
Councilman Lopez stated he felt it was unfair to Mr. Carpenter to hold him
up indefinitely.
Councilman Russell made a motion, seconded by Councilman Bowling, to table the
item one wcox. Ycas: Councilmen Preble, Bowling, Gray, Reeves and Russell.
Nays: Fead and Lopez.
;:ouncilman Fcad made a motion; seconded by Councilman Lopoz, to refer to the
Planning and Zoning Board for reconuuenclatioil and study- the rezoning of the aiZ�a
196
April-12,. 1973. _
from IL, Limited Industrial to IP, Planned Llduorial Part. District. Yeas:
Councilmen Pi Me, Bowling, Fead, Gray, Lops,, Reeves and Russell. mays:
None.
Markley Mlotors, Inc., Planned Unit Development
Pian aphroved
in reply to an inquire from Councilman Lopez regarding pedestrian walk ways
and bike p.rtiis, Director of Planning Doll ILpclds, stated the area was more
regionally oriented.
Councilman Lopez made a motion, seconded by Councilman. Fead, to approve the
Unit Development plan. Peas: Councilmen Preble, Bowling, Fead, Gray,
Lopez; Reeves and Russell. Nays: None.
Resit for use of six feet of easement on Stover
Street tabled one week
Director of Corvlluni.ty Development, Roy Bingman, stated theCity had received a
request to build a 6' fence on a City 18' easement, using 6' within the fenced
area.
City Manager B TUnton spoke in opposition to the request, adding it might be
setting policy on this hind of request.
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City Attorney March read from the ordinance provision sta;.dng as the
ordinance now existed, there was provision for granting this request.
Mrs. Richard Hayes spoke to her, request for fencing in a large -dog.
Councilman Fead, seconded by Councilman Bowling, to table the item, refer it
to the administration for review and further report. YEAS: Councilmen
Preble, Bowling Fead, Gray, Lopez, Reeves and Russell. Nays: None.
Ordinance adopted on second reading zoning
Col.l.indale Second Annexation
Councilman Lopez maize a motion, seconded by Councilman Russell, Lo adopt
Ordinance No. 29, 1973, on second reading. Yeas: Councilmen Preble, Bowling,
Fead, Gray, Lopez, Reeves and Russell.. Nays: None.
ORDINANCE NO. 29, 1973
BEING AN ORDINNANCE A ENDING CHAPTER 118 OF TEE CODE
OF THE CITY OF FORT COLLINS, COEAOIVJ Y KNOWN AS TIME
ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES
THE PROPERTY INCLUDED IN TEE COLI.INDALE SECOND ANNEXA-
TION TO ITT- CITY OF FORT COLLINS. COLORADO
BE IT ORDAINED BY TEE COUNCIL, OF THE CITY OF FORT COLLINS:
Section 1. That the Zoning District Asap 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 hioun as the Collindale Second Annexa-
tion 'Co the City of Fort Collins, Colorado, R-L-P Low Density Planned District.
Section 2Tho City Engineer is hereby authorized and directed
to amend said Zoning District ;dap i.naccorinace with this ordinance.
1-97
April 12, 1973
Introduced, considered favorably on first readinc,,. and. ordered.
published this 2-1.id day of P9arch, A.D. 1973, ;md to be presu,"t-ed for final
passage on the 12th clay of April, A.D. 1973.
Mayor
ATI L;ST:
( ty "Clerk
✓ day c. April
Passed and adopted on final reading this A.D. i973.
Mayor
:1'I IPST:
Presented: March 22, 1973 (Vote: Ayes: 5, Nays: 0)
Fin:.1 reading April. 12, 1973 (Vote: Aves: 7, Nayes:0)
Published:-
ublished: 1vlarch 27 and April 1.7, 1973
Attest:
City Clerk
Ordinance adopted on second reading zoning
Nelson First Aimesation
Councilman Lopez made a motion, seconded by Councilman Russel.]., to adopt
Ordinance No. 30, 1973 on second reading. Ycas: Councilmen Preble, Bowling,
Fead, Gray, Lopez, Reeves and Russell. Nays: None.
ORDINANCE NO. 30, 1973
BEING AN ORDINANCE AhIENDING CII!><I'Tr.R 118 OF 'ITIE CODE
OF 'ITIE CITY OF FORT COLLINS, CO"`•'MOINILY KNOWN AS 711E
ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES
'FIB PROPERTY INCLUDED IN 'ITQI NELSON FIRST ANNEXATION
TO TILE CITY OF FORT COLLINS, COLORADO
BE IT ORDAINED BY '= COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That the Zoning District Map adopted i,;, Chapter 118
of the Code of the City of 1'o_t Collins, be and the same hereby is changcd
and amen-lcd by including the property !mown as the Nelson first Annexation
to the City of For`. Collins, Colorado, R-L-P Low Density Planned District.
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Sec*.i.o" L The City Engineer is hereby authorized and directed
to amend said Lsning District ;dap in accordnace with this ordinance.
Introduced, considered favorably on first reading, .vid ordered
published this 22nd day of N?arch, A.D. 1973, and to be presented for final
passage on the 12th day of Am':.1, A.D. 1973.
mayor -
A17 ST:
crty s�r<
Passed and adopted on final reading this day of
A.D. 1973.
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rlayor
ATIT:ST:
City Uiar-K
Presented March 22, 1973. (Vote: Yeas: 5; Nays: 0)
Final reading April .12, 1973. (Vote: Yeas:S; Nays: 0) ;
Published: March 27 and April 17, 1973
Attest:
City Clerk
Ordinance adopted on second reading assessing the costs
of Street Improvement District No. 65
City Attorney March and Direct)r of Community Development, Roy Bingman,
reviewed briefly the formation, completion and final assessment of this
district.
CounciLuaii Loliez made a moti.on,'secended by Councilman Bowling to adopt -
Ordinance No. 32, 1973 on second reading. Yeas: Councilmen Preblc, Bowling
Foad, Gray;,Lopez, Reeves and Russell. Nays: None.
ORDINANCE NO. 32, 1973
BEING 1\}J ORDINANCE ASSESSING THI: COST OF IPROVO4ENTS
IN S1RI ET 1;-Il'ROVU E\7l- DISTRICT NO. 6S AND PROVIDING
FOR Tf-1E Pt\Yt,IL:\rI AND COLLECTION TIMRLOF
l:l-IHRI!=,S, he,ctofor-o by appropriate ordinances and resolutions duly adopted by the Council of the City of Fort Collins,
there was established Street Improvement District No. 6S for the purpose of installing curb, gutter, sidewalks, paving and
street lighting on certain streets and alleys in the City of Fort Collins, Colorado, all pursuant to Chapter 16 of the
Cock- of the City of Fort Collins; and
WH RLeS, pursuant to said ordinances and resolutions, said improvements have been installed and accepted by the City
cf Fort Collins, Colorado; and
!'1ULA.S, upon accepting said improvements, the City Council adopted the report of the City Engineer respecting the
cost of such improverents and the schedule of assessments prepared by the City Engineer and ordered notice to be published
Is.pro-vided in Chapter 16 of the Code of the City of Fort Coliins,1111hich said notice was duly published as therein provided;
and
WHE-KIAS, Marcy 22, 1973, L; the date set for the hearing of complaints and objections and the determanations of the
swine and for acting uron an ordinance assessing the cost of such improveme,h`s-1 and
WFERE45, all co::plaints and objections in writing filed by property owners within the District have been cc.csidered
by the City Council.
OtV, '111-RGFML" BE IT ORD.Ai ,TED BY TI-i: C01SWIL OF TIC CI`1Y OF FORT COLLINS:
Section l.. '1"hat the total cost of the improvements in Street Improvement District No. 65, i_icluding the cost of
e:igineering, legai, publication, interest during construction and collection, to -wit: $43,_25.07, less the portion of
said cost to be paid by the City of Fort Collins, to -wit: $1,324.7S, is hereby assessed upon the real estate in said Distric
in accordance with the provisions of Chapter 1.6 of tile Code of the City of Fort Collins, and the proportion of said costs
assessed unon each lot or tract of land in said District shall be as follows:
Section 2. All assessments herein provided for shall be due and payable within, thirty (30) days after the final
publicati.on,of this ordinance, without demand, provided that all such assessments may, at the election of the owners of
the property assessed, be,5paid in ,ten equal installments; the first installment being due on the first dc.7 of November,
1973, and on the first day of November of each year thereafter until the full amount thereof has been paid together with
interest on tine unpaid principal at the rate of six percent (6%) per annwn, said interest to be payable at the time of
the principal payments. Failure to pay the whole of such assessment within thirty (30) days as aforesaid shall be conclusively
considered and held as an election on the part of the persons interested, r;inether under disa'oiiity or �therwi_se, to pay
in such installme ts.
Section 3. In the case of election of any person to pay in installments as aforesaid, tine failure to pay- any installment
when due, whetter on principal or interest, shall cause tine whole of the unpaid principal to become due and payable immediately
and the w:iole amount of unpaid principal and accrued interest shall thereafter drar, interest at the rate of one percent
(1%) per mo_ith until the date of sale as hereinafter provided; provided, however, that at any time prior to the date of
sale, the u.,-ner of the property assessed may pay the amount of all unpaid and due installments, together with all interest
that has accrued as aforesaid, and all penalties accrued, and upon such payment shall be restored to the right to pay the
installments in the same manner as if the default had not occurred. The owners of any property not in default as to any
installments or payments may at any time pay the entire unpaid balance of principal, together with interest accrued thereon,
to the first day of tine month following such payment.
Section 4. Payments may be made to the Director of Finance
of this ordinance and in such event an allowance of five percent
such period only.
at any time within thirty (30) days after the final pu)lication
(Sa) as a discount shall be made on all payments duri.r;q
Section S. In case of the default in the payment of any installment of principal or interest when due, all property
concerning r.,hicl. such default is suffered shall be advertised by the County Treasurer and sold for the payment of the entire
unpaid asses ;pent thereon at the same time or times and in the same manner wider all the same conditions and penalties
and with the same effect as provided by la:v for tihe sale of real estate in default of the pay�ren1. of ge era.l. taxes. all.
as provided by Chapter 1.6 of the Code of the C.ty o.E Fort Collins.
Section 6. The Director of Finance shall prepare tine foregoing assessment roll in proper form as provided in Chapter
16 of tine Code of the City of Fort Collins, and shall keep a. record of all payments made during the thirty -day period ;after
the final publication of this ordinance and upon the expiration o:� said thirty -day period, he shall deliver said assessment
roll to tile'County Treasui'rer of Larimer County with his warrant for collection of the same, all as provided in Chapter
16 of the Code of the City of Fort Collins.
I it
Section 7. All collections made by the County Treasurer on saie assessment roil in any calendar month shall b,� accounted
for end paid over to the Director of Finance on the first'dav of each and every month with separate statements for all
such collections for each mon--h i:i the same manner as general taxes are paid by the County Treasurer to the C;tty.
Section 8. "Pile owner of any divided or undivided interest may pay his share of ajiv assessment upon producing; evidence
of the extent of his interests satisfactory to the officers having the roll in their charge.
Introduced, considered favorably on first reading, and ordered published this 22nd day of Plarch, A.D., 1973, ai,u
to be presented for final passage on the 12th day of April, A.D. 1973.
i
Mayor
ATTEST:
�y 1erT
Passed. and adopted cn final reading this , J day of f ,J - ,r % A.D. 1973.
l i
P,layor
?TTEE T:
Assessment Roll in Central Files.
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April. 12,-_1973-
Presented: Nkl,cii 22, 1975 ('Note: Yeas: 5; Nays: 0)
Final reading April 12, 1973 (Note: Yeas: 7; Nays:(1)
Published: ?.:arch 27 and April 17, 1.973.
Attest;
City C1erI -- —
Ordinance adopted oin second reading on the
discharge of weapons, and specifically
BB Guns
Cowicil.man Fead made a motion, seconded by Councilman Lopez, to adopt
Ordinance No. 33, 1973 on second reading. Yeas: Coi,iClJmel, prel>le,
Bo„ling, Fead, Gray, Lopez, Reeves and Russell. Nays: None.
OP.DINANCE NO. 33, 1973,
BEING AN ORDINANCE AMENDING SECTION 84-S.A.
OP THE CODE OF THE CIT'i OF FORT COLLINS
RELATING TO THE DISCHARGE OF 1'iEAPONS
BE IT ORDAINED BY 71'C" COW,CIh OF THE CITY OF PORT COLLINS:
THAT Section 84-S.A. of the Code of the City of fort Collins be, and
the s,-me hereby is, amended to read as follows:
'A. Uischarginu of weapons. No persons shall dischar—'. fire
or shoot any gun, pistol, crossbow, bow and arrow, sling-
shot or other firearm or weapon whatsoever (_I'ncluding BB
guns or pellet gums) within the city limits; provided,
however, the discharge of firearms or weapons by any
member of any law enforcement office in the course of
such member's official duty shall not be deemed a viola-
tion hereof; and provided further that if a permit is
granted by the Police Chief therefor, it shall not be a
violation of this ordnance to discharge firearms or
weapons as a part of a class of a school or univez"sicy
or at a firing range, provided such class or range is
conducted in accordance with the terms of any permit
granted by the Chief of Police."
Introduced, considered favorably on first reading, and ordered
published this 22nd_ day of March , A.D. 1973, and to be presented
for final passage on the 12th day of April A.U., 1973.
ATTEST:
City Clerk `
Mayor
E
April 12, 1973
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I' ssed and adcpted on final .oading , :i.:,_11 ?ay of
A.D. 1973.
AT'r'ES:: Mayor
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Iresented: ;March 22, 1973 ('tote: Yeas: S; Nays: 0 )
Iinal- readin€,P.,)ril 12, 1973 (Vote: Peas: 7; Nays: 0 )
Published: ,larch 2/ and April .17, 1973
Attest:
ty Cler
Ordinance adopted on second reading, deleting requirements
for licensing ;,loving Picture Operators _
Counci.lraan Gray made a motion, seconded by Councilman Russell, to adopt
Ordinance No. 34, 1973 on second reading. Yeas: Councilmen Preble, Bowling,
.-ad, Gray, Lopez, Reeves and Russell. Na),s: None.
ORDINANCE NO. 34, 1973,
BEING AN ORDINANCE REPEALING ARTICLE XVI
OF CHAPTER 73 OF THE CODE OF THE CITY 01� FORT COLLINS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PORT COLLINS:
THAT Article XVI (Sections 73-114 through 73-116, inclusive) of
Chapter 73 of the Code of the City of l-ort Collies be, -nd +he sae hereby
is, repealed.
Introduced, considered favorably on first readi.n3, and or.lered
published th s 22nd day of March , A.D. 1973, and to be presented
fox final passage on the 12t daPr11 , A.D., 1973.
n
Mayor
ATTEST:
Citv (clerk
Passed and adopted on final reading this 'da- of
A.D. 1973.
202
ATTEST:
City
Presorted: March 22, 1973 (Vote: Yeas: 5; Nays: 0)
Final reading April .12, 1973 (Vote: teas: 7; Nays: 0)
Published: Marcia 27 and April 17, 1973
Attest:
City Clerk
Ordinance adopted on second reading annexing
Warren Shores 'Third Annexation
Councilman Fead made a motion, seconded by Councilman Bowling, to adopt
Ordinance No. 35, 1973 on second reading. Yeas: Councilmen Preble, Bowling,
Fead, Gray, Lopez, Reeves and Russell. Nays: ,None.
ORDINANCE NO. 35, 1.973,
BEI' NG AN ORDDiAN'CE AMNEXING PROPERTI' KuNCI W AS TE 1i 19ARREN
SHORES TTIIRD ANNE:C:\l'ION TO 'I11E CIIT OF FORT COLLINS
1"lif-REAS, inereto.ore, a written petition, together with four prints
of an annexation map was filed it;: the City Clerk of the City of Fort
Collins requesting the annexation of certain territory more particularly
described below to the City, and
WEREAS, the City Council has found and determined and does hereby
find and determine t;,at said petition is in substantial compliance with
tine provisions of Colorado Revised Statutes, 1963, Section 137721-6 as
amended, and
WHEREAS, the owners of 100% el the property to be annexed have
petitioned for said annexation, and
IVEREAS, not less than one -sixth (1/6th) of the perimeter of the
area to be annexed is contiguous wa th the City of Fort Collinq ana a com-
G %J
April_l2.,la7.3
min—i.ty of interest exists bet„esn the territory to be as�:execi cmd the t,li.y
of Fort Collins and the territory to be annexed is urban or till be urbani,,�d
in the near future
and such
ter'.-itory is
integrated or
is capable of being
integrated with tale
City of
For.: Collins,
and
RFiL1zE1S, rcne of the provisions of Colorado Revised Statutes
1963, Section 139-21-4, as mended, are vi-ol.aLed by the annexation of this
territory to tl.e City, and
19-1EIZEAS, no el.octi.on is renuired under tho provisions of Colorado
Re-.,ised Statutes, 1963, Section 1:" 21-6(2), as amen(Ied, and no additional
terj:Ls and conditions are to be i-;nposeci in co^nection i.,.th this annexation,
and
1',UUr''LkS, the terri-coxy is eligible for annexatic_; a -id tiie City
Cow)c:il. desires to annex the same to the City of Fort Collins.
NOIV, '1; IFR? rOR?i, BE IT ORDAINED BY THE COUNCIL OF T7-L: CITY OF TORT
COLLI, iS:
Section 1. Ih-t all of the territory more parti-cul.arly described
as: situate in the County of Jarimer,.State of Colorado, to -wit:
A tract of land situate in the I\brthiaest n of Section 36, Township
7 North, Range 69 1Vest of tiie Sixth F.ii., I^r >r "aunty, Colorado,
which, considering the North line of said Section 36 as bearin.
S 8904S130" Pr and with all bearings contained herein relative thereto,
is contained within the boundary lines which begin at a point on
said North line which bears S 890451301, IV 1158.79 feet from the Myth
4 corner of said Section 36, and run thence S 89`15'30" IV 173.50
feet along said North line; thence
°b 00°28'30" E 660.00 feet; thence
N 4320' E 336.81 feet; thence S 50 30' E 720.06 feet; thence N
01 'S�'3u` E 60.00 feet; thence N 19043130" W 127.00 feet; thence
N 1.5 27'30" IV 368.50 feet; thence N 11014'SO' E 216.84 feet; thence
N 56°29'30" 1V 124.00 feet; thence N 82007'20" IV 422.58 feet to the
point of Le.ginning, cor)tain9ng 8.9813 acres, more or less
be and it hereby is annexed to the City or Fort Collins and iiiade a part
of said City t be inoim as the 111arren Shores Third Annexation to the City of Fort Collins.
Section 2. That in ainexing said territory to the City of Fort
Collins, the City rings not nss=e anv nnlim rinn ocro H o-j, ✓t""
. _ r..
?04
✓ a.
tion or water maiT_s, se,.ver lines, gas mains, ele,:tric service lines, streets
l,r
or on., oth:,r sez i:.es or utilities in coru,ccticn with the to ritory hereby
c.nnexed except ;s may be provided by the oridina,.nces of the City of Fort
Colins.
Introduced, considered favorably on first reading, and ordered
published this 22nd day of b1arch, A.D. 1973, and to be presented for final
pa::sage on the 12th day of Ap;-i1, A.D, 1973.
IAITFST: Mayor
.... Z
Passed and adopted on =inal reading this � � L;` day of j
A.D. 1973. �- 1--r
Mayor
A'}TLok :
Cler
Presented: March 22, 1973 (Vote: Yeas: 5; Nays: 0)
Pvial reading April 12, 1973 CVote: Yeas: 7; Nays: 0)
Published March 27 and April 17, 1973.
Attest:
City Cler
Ordinance adopted on second reading annexing Thunderbird
Thirteenth Annexation
':caicilman Lopez made a motion, seconded by Councilinan Fead, to -.adopt Ordinance
36, 1973, on second reading. Yeas: Councilmen Preble, Bowling, Fead,
Gray, Lopez, Reeves and Russell. Nays: None.
ORDINANCE 1\10. 36, 1973,
BEING AN ORDINANCE AMFMNG YROPLtGY I(NOWN AS T}IE
'IT-IUND" RBIRD THIRTELT1'H ANNEXATION TO 1TIE CITY OF FORT
COLLINS
1VHERE\S, ineretofore, a ivritten petition, together with four prints
D
205
Apri1_12.,_1973
y..
of ap ann:-xation map was filed ,nth tiie City Clcrlt of the City of Fort
Collins requesting the annexation of certain territory more particularly
described below to the City, and
1%TlIR j\S, the City Coin�,il has found and determined and does hereby
find and determine that said pei*ion is _n_.=.ubstantial compliance with
the provisions of Colorado ;revised Statutes, 1963, Section 137-21-6 as a
amended, and
MiFRFAS, the ow:mers of 10001- of the property to be annexed have
petitioned for said annexation, and
WHEREAS, 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-
riwaity of interest exists bett�:een the territory to be annexed- and the City
of Fort Collins and the territory to be annexed is urban or will be urbanized
in t.ie ;i,:ar future and such territory is integrated or is capable of being
integrated with the City of Fort Collins, and
1VHERF.AS, none of the provisions of Colorado Revised Statutes,
1963, Section 139-21-4, as amended, are violated by the annexation of this
territory to the City, and
lglT-R'.>.S, no election is required under the provisions of Colorado
Revised Statutes, 1963, Section 139-21-6(2), as amended, and no additional
termas and conditions are to be imposed in connection with this annexation,
wid
ltl�RFAS, the territory is eligible for annexation and the City
Council desires to annex the same to the Cit.y._of-Fort Collins.
NOW, 'I1=ORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 7. That all of the territory more particularly described
as sii_iate in the County of LZ. mer, State of Colorado, to -wit:
206
A tract of land situate in the Northwest ; of Section 25, Township
7 Nortb, Range 69 West of the Sixth P.ri., Jarvner County, Coloradc,
which, considering the Last line of said Northwest , as bearing
N 00016'05" W and with all bearings contained herein relative
thereto, is contained ii.thin the boundary lines which begin a8
a point on the Last lire of said Northwest 3 which bears N 00 161051,
W 295.10 feet fxom the Center c corner of said 0Section 25 and
run thence S 89'44' W 280.00 feet; thence N 07 45; W 4.70 feet;
thence S 84'57' W 113.76 fees; Ohence along the arc of a 947.33
foot raaius curve to the left a distance of 19.29 feet,, the long
Chord of which bears NT ')s 38' W 19.29 feet; thence S 8347' 19
98.48 feet; thence North 1019.82 feet; thence N 8900 04" E 489.02
£et LO the i`v~theast corner of the South Z of said ,Northwest
thence S 000 16' 05'' L 1023.68 feet to the point of beginning,
containing 11.F292 ac:sz , nwia or less.
be and it hereby is annexed to the City of Fort Collins.and made a part
of said City to be Rnown as the Thunderbird Thirteenth Annexationto the
City of Fort Collins.
Section 2. That in annexing said territory to the City of Fort
Collins, the City does not assure any obligation respecting the construc-
tion of i-.rater mains, sewer lines, gas mains, electric service lines, streets
or any other services or utilities in connection with the territory hereby
annexed except as may be provided by the oridinances of the City of Fort
Collins
Introduced, considered favorably on first reading, and ordered
Published this 22nd day of.H,?rch, A.D. 1973, and to be presented for final
passage on the 12th day of April, A.D. 1973.
NEyor
ATTEST:
yl
Passea and adopted on `_i.nal reading this / ? day of in, , f ,
A.D. 1973.
b .yor
ATTEST:
9
20`"
April_12.,_19.7.3
City Clerk ---
Presented March 22, 1.973 (Vote: Yeas: 5; Nays: 0)
Final reading April 12, 1973 (Vote: Yeas: 7; Nays: 0)
Published IMarch 27, and April 1.7, 1973
Attest:
Clley---- ----
Ordinance adopted on first reading zoning R'arren
Shores Third Annexation
Councilman Lopez ,.,ope-1 mt a moti.,,::, seconded by Councilmen Preble, to
adopt Ordinance No. 39, .1973 on first reading. ca: Councilmen Preble,
Bowling, Fead, Gray, Lopez, Reeves and Russell. :.N,a),s: ,None.
Petition for rezoning from RID, Planned Residential
to BL, Li.mited Business District for
Laufer property--withdra-,,n at
yeti-ti.oner's request
City Attorney March reviewed a request to withdraw this petition for
rezoning submitted by the Attorney representinfT the petitioner, with the
t-iderstanding that it could be resubmitted again in the future.
Councilman Fead made a motion, seconded by Councilman Lopez, to approve the
withdrawal of the rezoning petition. Peas: Councilmen _✓reble, Bowling,
Fead, Gray, Lopez, Reeves and Russell. Nays: None.
Ordinance-dopted on first reading zoning Thunderbird
Thirteenth Ajinexati.on
Motion was made by Councilman Lopez, seconded by Councilman Fead, to approve
Ordinance No. 41, 1973, on first reading. Yeas: Councilmen Preble, Bowling,
Fead, Gray, Lopez, Reeves and Russell. Nays: None.
Ordinance adopted on first reading regulating the sale
of 3.2% Fermented Malt Beverages on certain days
'City Attorney March reviei�✓ed the chanP,;s in State law which in effect make
the City',; ordinances in conflict with state law on the regulation on the
sale of 3.20 , specifically: on Municipal Election days.
Councilman Lopez made a motion, seconded by Councilman Gray, to adopt Ordinance
No. 42, 1973 on first reading. Yeas: Councilmen Preble, Bowling, Fead,
Gray, Lopez, Reuv(es and Russell. Nays: None.
Resolution adopted authorizing withdrawal of payments
from Fire and Police Departments Pension Fund
City Attorney March stated the Board of Trustees of the Firemen's and Police-
men's Pension fu,ids had adopted a rule permitting the withdrai..al of contribu-
tion made by e Firmen or Pol;c,:nien to the Pension=fund aftor".July 1, 1970,
when such Firemen or Polio ,n *. tr_rmi:;ates service with the Fi.e Department or
Police Department for reasons other than retirement or disability.
208
COuncilman. Lopez made a motion, seconded by 1 nu.ci-Lean Bowling c adopt the
resolution. Yeas: Councilmen Prebl.e, Bowling, Fead, Gray, Lopez, Reeves acid
Fussell. Nays: None.
RESOLUTION 73-31
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING CKNNGES IN THE REGULATIONS OF THE BOAIZD
OF TRUSTEES OF THE FIREMEN'S PENSION :FUND AND THE
BOARD OF TRUSTEES OF THE POLICE,',IEN'S PENSION FUND
AUTHORIZING THE WITHDRAWAL AND REPAYIMENT OF k110UNTS
PAID INTO THE FUND BY A FIREWAT OR POLICENTAN
WHO TERMINATES SERVICE IN THE DEPARTMENT
WHEREAS, heretofore on May 14, 1970, the Board of Trustees of
the Firemen's Pension Fund adopted a rule permitting the withdrawal of
contributions made by a fireman to the pension fund after July 1, 1970,
when such fireman terminates service with the Fire Department for reasons
other thanretirement or disability; and
WHEREAS, on August 20, 1970, the Board of Trustees of the Police-
men's Pension Fund adopted a similar rule permitting the withdrawal of
contributions made by a policeman to the pension fund aster .Tuly 1, 1970,
when such policeman terminates service with the Police Department for
reasons other than retirement or disability; and
WHEREAS, the Board of Trustees of said funds have requested that
the City Council approve such rules and the City Council is of the opinion
that said rules should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the rule adopted by the Board of Trustees of the Firemen's
Pe,�sion Fund of May 14, 1970, referred to above, and the rule adopted by
the Board of Trustees of the Policemen's Pension Fund on August 20, 1970,
referred to above, be, and the same hereby are, accepted and approved.
Passed and adopted at a regular meeting of the City Council held
this 12th day. of April, A.u. 1973.
Mayor
ATTEST:
�Z,
City Clerk
Resolution adopted appointing Charles Bn;c;.iield to
the Landmark Preservation Commission
209
-iIv
April 12, 1973
Coanuiiman Bowling made a motion, seconded b,: C;uncijman head, to adopt the
resolution. Yeas: Councllmerl Preble, Bowli..g, read, Gray, Lopez, Reeves and
RLISSr]. Nays: None:.
RE'SOLU','ICN 7 3 - 32
OF TI-rE COUNCIL OF TrIE CITY OF FORT COLLINS APPOINTING
CHARLES BURCIdFIELD AS A OF 71M CITY OF FORT
C? LLINS LANDKkRK PRESERVATION M,2• 17.�SION
MIFREAS, a vacancy exists in the City of Fort Cclii.ns Landman;
Pr:-r^ovation Commission, ai,d
MIDEAS, the City Council desires to appoint. Charles Burchfield
to fill the vacancy, and he has indicated lie is willing to accept such
appointment.
NOW', 'THEREFORE, BE IT RESOLVED by the Council of the City of Fort
Collins that Charles Burchfield be and hereby is appointed a member of
the City of Fort Collins land ark Preservation Commission for a term to
expire on September 5, 1975.
Passed and adopted at a regular meeting of the Ci.t;y Council held
this 12th day of April., 1973.
ATTEST:
L� e
City—ler
Resolution adopted approving agreement with State Board
of Agriculture regarding ).and transfers aIproverl _
City Manager Brunton stated many hours had been spent on the negotiation of
this contract, and that it contained a section in which the City woul(I hay
the $28,S23.00 either in cash or through electrical service (unuer grounding),
also that the City would not request any more land from the University "at
this time". i
Director of Utilities, Stan Case, also spoke to the University's agreement
to coon, mate the r1minlnnment of the mm enrrm irr to flip Fcothills CAlnnnc
at the intersection of Mulberry and Overland Trail.
210
April 12, 1973
Council.ivan Bow,i, made a motion, seconded by Councilman Reeves to adopt the
reso P tion. Yeas: Councilmen Prebl.e, Bowling, Feaci, Gray and Reeves.
Nays: None. Russell out of room.
RESOLUTION 73-33
OF THE COUNC.U, OF THE :ITY OF FORT COLLINS
APPROVINiG ,u7 AG;,FF;JJ3NT TO BE, ENTERED
INTO PITH Tli1i STATE BOARD Oh ACRIC.ULTURE
WHEREAS,it is necessaiy that: the City Acquire certci" lands and
rights of way from the State Board of Agriculture; and
WHEREAS, the State Board of Agriculture desires to acquire certain
facilities from the Cloy nhic.. are surplus to the Ci;/; ..ad
WHEREAS, negotiations have been conducted and an agreement has been
reached providing for the. above; and
WHEREAS, the agreement: has been reduced to writing and the same has
boon approved by the Manager a.n:l the City Attorney,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the terms and of the agroomer.t with the State Board
of P.gricu'•ti;re, a copy of which is attached hereto, be, and the some hereby
arc accepted and approved; and
L'v IT FURiIIER RIiSOLVED that the ;.I yor and City Clerk h and they
hereby -•are; authorized and directed to execute said agreemenc0or and on behalf-
of the City of Fort Collins.
Passed and adopted at a regular meeting.of the City Council held
this 12th day of April, A.D. 1973.
ATTEST;
City Clem
Mayor
Resolution adopted appiov.ing contract with United States Department
of Interior Bureau of Reclamation for license to construct
and maintain a tap to the Flr tiron-Cheyenne 11S - Kilowatt
transmission line of the United States
Director of Utilities, Stan Qse, spoke to the contract now -required, prev-
iously allowed in a letter rcrmit. Mr. Case also state3 Gr City would be
building two new structures on the line at no cost to the Bureau.
r
211
��
C^,mrilman Russell made
a motion,
secondad 'ci
:.Duncil:nan Dawli"g'.to.Adept'_the
resolution_ approving the
Gray, Lopez, Reeves and
contract.
Russell.
Yeas: i,
Nays: `tnne.
anc.;.L;n n Prrble, Bo�.aiing,
Pead,
IJ3SOLUTIOii 7 5-34
BE IT RESOLVED by the City Council of the CITY Or rOP:I' COLL11!S,
COLOkADO, ti!tJ: the Mayor and City CZrr, hw and they are hereby
authorized to execute for and on behalf of the CITY OF FORT COLLINS,
COLORADO, the attached Contrast with. the UNITED Sum or AMERICA,
Wh3.ch Contract s:as duly presented to the City Council, and which
Contract is hereby approved.
State of Colorado )
s
County of Larimer )
I> .,7/f `a ooA the duly elected and cu=lifie' Clerk of
the CITY OF FORT COLLINS, COL-,WADO, de hereby certify that ih, Foregoing
is a true, accurate and complete copy of a Resolution duly passed and
adopted at a regular meeting of the City Council of We CIT7 Or FORT
COLLIOS, COLORADO, held cn
Dated ��, � "r . //i .` ) i -, BY_
\ Title City Clerk
Bid awarded for cotmnercial fertilizer for
Parks and Recreation Department.
City Manager Brunton stated low bid was recomnen•led.
Agland, Inc. of Eaton is low for the 75 tons of Commercial fertilizer and
the 12 tons of annnophos, for a total of $7,276.80.
The twelve SO 11 bags of potash to Wycon Chemicals of Ft. Lupton,
Colorado, for $2.00/bag, for a total of $24.00.
The Liquid Iron (30 gal., awarded to American Fertilizer and Chemical
Company of Eaton, Colorado for a total of '161.70.
Total $3462.50
212
Cownci.lninn Fead made a. motion, seconded by Councilman Lope,:, to receive the
report from the administration and woard th.- bid as recomjneided. Yeas:
Councilmen Preble, Bowling, Fead, Giay, Lopez, }reeves and Russell. Nays: None.
Bid ai•iarded for hose for Firc
City Manager Brunton stated ]ow bid was recommended
Co,.nci loran ^ esseli stated lie did not approve of having only two bidders
submitting bids. I -le u:as advised four 'bids were solicited ar.d only two
received.
Director of Utilities spoke to the problems of the bidding process and
Councilman Bowling also stated. bidding cost the bidder money.
Cit;✓ Manager Brunto,, stated the bidding procedures ,%!oulri be reviewed at the
April 28th work session.
Councilman Fead made a motion, seconded by Councilman Lopez, to award the bid
as recommended to Western Fire Equipment Company., Inc., in the amount of
$1,795.50. Yeas: Councilmen Preble, Bowling, Fead, Gray, Lopez and Reeves.
Nays:' Councilman Russell.
Bids awarded for six 4-door sedans
City Manager Brwnton stated these t:er.-- standard replacemc_* cars, three for
Building Inspection, one for the Director of Utilities, with air conditioning
and an ANI radio, and one for the Police Prevention Bureau.
Council inquiries again revolved around one bidder, 120" wheel base, need for
transportation study, air conditioning adding to value of trade-ins, compact
cars versus standard cars, etc.
Councilman Lopez made a motion, seconded by Councilman Fead, to aurard the bid
to Markley Motors for six cars, five without air conditioning, and one with,
plus an Am radio to be negotiated. Yeas: Councilmen Preble, Bowling, Fead,
Gray, Lopez, Reeves and Russell. Nays: None.
Access Easement approved in Spring Creek Village
Second Filing
Director of Community Development Roy Bingman, stated that there has been
approved a Unit Development Plan on this subdivision, which does include the
access easement not included in the Subdivision Plat. This easement w7ill
serve as access and for emergency vehicles.
Councilman Lopez made a motion, seconded by Councilman Russell, to approve the
easement. Yeas: ouncilmen Preble, Bowling, Fead, Gray, Lopez, Reeves and
Russell. Nays: None.
Reports of the City Attorney
City Attorney March reported on the condemnation of the land for the proposed
Lee Martinez park. Mr. March stated he had contacted the owners of the
property who had made offer tq sell 53 acres i:o.- $2,250 pt.'_racrp. Mr. ;larch
also spoke to an additional 4 acres, which included the house with an option
to be exercised' iri'.the' next.*30:to- 60 days.
21 3
7,A
Councl_iiiall Fees; ➢la",e a ];lotion, seconded by CouncilnaT1 Lopez; to autl.o�lze the
City Attorney to negcl�iate under the terms sp-cliled. Yeas: Counclllnen Preble,
Bowling, Fead, Gray, Lopez, Reeves and Russell. Nays: Non(:.
Orrlinanc:e autho::ized scheduling 2 night meetings
per month
Councilman Bo:Li•)c= stal,,d he f<,lt the citizens of Pcr Co.'.lins have rc..laest.ed
night neet',ings and recoinil:-nded 3 Eight meetings with th- fourth meeting at
1:30 P.M. C..zmcllman Bawling inotlon to start meetings at J:�O P-M. with a
supper break was defeated.
City Manager Brunton recermnend,d going to two night meetings per month.
Counclllm n Bowling made a motion, seconded by Councilman. Reeves, to have
night nlaetings. Yeas: Councilmen Preble, Bowling, Gray, Lopez, Reeves and
Russell. Nays: Councilman Fead.
Councilman 'lead made a. motion, seconded by Councilman Lopez, to authorize
an ordinance scheduling ve.,o meetings per month on the first and third Thursdays,
the time to be established. Yeas: Councilmen Preble, Bol,,ling, Fead, Gray,
Lopez, Reeves and Russell. Nx7s: None.
Conmlunications
A letter from Mr. George ;`hisser was read into the record in which he expressed
a desires to serve nn the Planning and Zoning Board. Mayor Preble stated
several members of the Council had received rcoues'ts., m serve on various . .
Boards, and Council would be meeting soon to make a review of the vacancies.
City Manager Brunton listed the vacancies in various boards and �pok to a
proposed meeting in May with all the Chairmen of the Boards n Commissions.
Adiournment
Councilman Fead made a motion, seconded by Councilman Russeii, that the
Council adjourn. Yeas: Counci.]mAn Preble, Bowling, Fead, Gray, Lopez,
Reeves and Russell. Nays: None.
--�2�
? Iaynr
'UTES
ty C eerk -