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April 19,_1973
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April 19, 1973
COUNCIL OF TIE CITY OF >±ORT COLLIPiS, 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, April 19, 1973, at 7:30 P.M. in the Council Chambers of the
City Hall. Mayor Preble called the meeting to order; there were present
Councilmen Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell.
Staff members present: Brunton, DiTullio, Liquin, Cain, March, Kane and
Lewis.
Proclamation Forget Me Not Week
Mayor Preble signed a proclamation designating May 1 through May 5, 1973 as
Forget Me Not Week vi connection with the activities of the Disabled American
Veterans.
Mr. Rudy Vargas, Dispatcher on the Fire Department, representing the Disabled
American Veterans, received the proclamation.
Minutes of the April 12, 1973 Approved:_, -
Mayor Preble stated copies of the minutes had been received ann hearing no
corrections, they stood approved as written.
Renewal application for a 3.2% Fermented Malt Beverage License for
De -Palma's Pizza and Delicatessen. Approved
The Police Department report stated there had been no violations involving the
establishment and no legal basis found to recommend denial.
Councilman Russell made a motion, seconded by Councilman Lopez, to approve
renewal of the application. Yeas: Councilmen Bowling, Fead, Gray, Lopez,
Preble „Reeves and Russell. Nays: None.
: Evergreen Park Subdivision Plat approved
'this item was tabled on April 12, 1973,
Councilman Lopez made a motion, seconded by Councilman Fead, to remov- the item
from the table for consideration. Yeas: Councilmen Bowlinb, read, Gra)"
Lopez, Prcblc, Reeves and Russell. \lays: None.
City Attorney March reviewed the concerns expressed by Council on P,pril 12, 1973.
The three concerns were (1) bicycle and loot paths; Mr. Carpentc: had dedicated
a 15 foot easement for use of foot traffic and bicycles through the industrial
park. (2) Industrial Park zone; Mr. Carpenter has indicated he will come under
and abide by the new industrial park zone, it is understood the City will
initiate the change. (3) Willox Lane; Mr. Carpenter has agreed to dedicate
an entire 80 foot street for Willox Lane.
Director of Community Development, Roy Bingman, reviewed the Willox Street
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April 19, 1973
alignment at the intersection, and spoke to the questionable 30 foot easement,
whether it was a public'or private road. City Attorney March also spoke to the
question of the 30 foot dedication.
Mr. Bingman stated that in view of the consideration made by the developer, he
recommended approval of the plat.
Councilman Lopez made a motion, seconded by Councilman Fead, to approve the
Plat of the Evergreen Park Subdivision. Yeas: Councilmen Bowling, Fead, Gray,
Lopez, Preble, Reeves and Russell. Nays: None.
Request for use of . six feet of an Easement on Stover
Street referred to Administration
This item had been tabled april 12, 1973.
Councilman Russell made a motion, seconded by Councilman Bowling, to remove the
item from the table for consideration. Yeas: Councilmen Bowling, Fead, Gray,
Lopez, Preblc, Reeves and Russell. Nays: Notre.
City ;�;anaer Brunton stated he and Roy Bingman had inspected the site; that there
t•rere other fences in the area, wfiose owners had not sought approval prior to
erecting a fence, and that the proposed fence would pose no problem. Mr.
Brunton further recotmnended that this item be referred back to the administra-
tion for handling and that any future similar request be handled by the admin-
istration.
Councilman Russell made a motion, seconded by Councilman Reeves, to refer the
request. to tiie administration for handling. Yeas: Councilmen Bowling, Fead,
Gray, Lopez, Preble, Reeves and Russell. Nays: None.
Lexington Green Fifth Filing Subdivision Plat
Approved
Senior Planner Bill Kane located the item and stated the Planting and Zoning
Board had unanimously recommended approval,
Councihl,'4an Reeves inquired into the inclusion of walkways on the plat and was
advised that this t."as the final Filing of an overall plan approved by the
Council in 1965, that ti:alkaaays in this area could not go anywhere,that the
developer of this area did not own any land adjoining Spring Creek and
School Representative, Chuck Mabry, had inquired into pedestrian pathways
to the P,auder Elementary School.
Councilman Fend made a motion, seconded by Councilman Bowling, to approve the
plat of Lexington Green Fifth Filing Subdivision. Yeas: Councilmen Bowling,
Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None.
Replat of Linden Tech Center Tabled
Director of.Cummunity Development Roy Bingman stated the owner had requested that
this item be tabled.
Councilman Bowling made a motion, seconded by Councilman Fead, to table this
item. Yeas: Councilmen Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell.
Nays: None.
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April 19, 1973
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Request of Downtown Merchants Association to use
America Building parking lot for carnival
Referred to City Attorney
City Manager Brunton stated tile. DNuk had requested the closing of College
Avenue for the annual carnival; he had subsequently'....- been advised by the
State H'.ghway Department that it was contrary to regulations to close a
state highway except for a brief period of time. The PANIA had next requested
the closing of iduuntain Avenue for this purpose, but that other merchants had
objected to this location. Further, in the current week the L1'�i4 had officially
requested the use of the parking lot behind the America Building, leased by the
City for this purpose.
City Manager Brunton stated the City's lease with the Colorado and Southern
Railroad provided the land would be used for a parking lot only.
City attorney March stated a request to use the land for other than parking
should be made of the Railroad Company.
Councilman Reeves made a motion, seconded by Councilman Gray, to have the City
Attorney correspond with the Railroad to request changing the City's parking
privileges,. Yeas: .Councilmen Bowling, Fead, Gray, Lopez, Preble, Reeves
and Russell. Nays: None.
Ordinance adopted on first reading annexing the Stewart
Annexation to the City of Fort Collins
Senior Planner, Bill Kane, located the item; stated the zoning requested was
for IL, Limited Industrial zoning, RLP, Low Density Planned Residential zoning
and RP, Planned Residential zoning. The recommendation of the, planning and
Zoning hoard was that the entire tract be zoned RLP.
Mr. linos Allard, Acting as agent for the Stewarts, spoke briefly to the proposed
land use.
City Manager Brunton, reviewed the surrounding land areas and water and sewer
districts.
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Councilman Fead made a motion, seconded by Councilman Lopez, to adopt Ordinance
No. 43, on first reading. Yeas: Councilmen Bowling, Fead, Gray, Lopez, Preble,
Reeves anti Russell. Nays: None.
Ordinance adopted on first reading annexing Warren
First Annexation to the City of: Fort Collins
Senior Planned Bill. Kane located the item and stated the Planning and Zoning
Board had recomnended approval..
Councilman Fead made a motion, seconded by Councilman Bowling, to adopt
Ordinance No. 44, 1973, on first reading. Yeas: Councilmen Bowling, Fead,
Gray, Lopez, Preble, Reeves and Russell. Nays: None.
Ordinance adopted setting Council Meeting the First
and Third T-hursday at 6:30 P.M.
City Attorney March reviewed the Ordinance and apoke to Section 2.2 which would
require Council members to give written notice to the City Clerk when such
members will be out of town in the event of a special. meeting.
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April 19, 1973
Council members spoke to their personal prefereAce of meeting times and reached
a compromise, therefore, Councilman Bowling made a motion, seconded by Council-
man Fead, to amend the Ordinance by striking 7:30 P.M. and inserting 6:30 P. M.
Yeas: Councilmen Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays:
None.
Councilman Lopez made a motion, seconded by Councilman Bowling, to adopt Ordi-
nance No. 45, 1973, as amended. Yeas: Councilmen Bowling, Fead, Gray,
Lopez, Pre'ole, Reeves and Russell. Nays: None.
Resolution on zoning Stewart Annexation
Approved
RESOLUTION 73-35
OF THE COUNCIL. OF THE CFY OF FORT COLLINS GIVING
NOTICE CONCER.NINC A PROPOSED ORDINANCE N-'MN`DING CHJTTER
118 OF T]FL CODE- OF 'Elf, CITY OF FORT COLLINS, CO�L:OXLY
KNO1v'-4N' AS 'fl-IE ZONING ORDINANCE, IN ORDER TO CLASSIFY
FOR ZONING PURPOSES CERTAIN PROPER'iY BEING ANIE-=
TO 'f fF CITY OF FORT COLLINS
WHEREAS, heretofore the City Council of the City of Fort Collins
initiated annexation procedures for certain property known as the Stewart
Annexation to the City of Fort Collins more particularly described in the
"Notice of Public hearing" attached hereto; and
WEREAS, the Planning and Zoning Board has made a study concerning
the proper zoning for said land and has held a hearing and considered the
request it has received regarding such zoning, and has made a report and
recommendation thereon all in accordance with the Ordinances of the City
of Fort Collins; and
101EREAS, the City Council desires to hold a hearing on an ordinance
zoning said lands.
NOW, THEREFORE, BE IT RESOLVED BY 711E COUNCIL OF THE CITY OF FORT
COLLINS that May 1.7, 1973, at 6:30 P.M., or as soon thereafter as the matter
may come on for nearing, in the Council Chambers of the City Hall of the
City of Fort Collins, is hereby set as the time and place for a public
hearing on an Ordinance zoning said lands; and
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BE 1T Fu,tiiiirt itiSULVru t,iat the laity Clerk is hereby instructed �—
to publish a notice of said hearing as provided in Chapter 118 of the Code
of the City of Fort Collins, in the form attached hereto.
Passed and adopted at a regular meeting of the City Council held
this 19th day of April, 1973.
ATTEST:
City Clerk
Councilman Fead made a motion, seconded by Councilman Bowling, that this resol-
ution be adopted. Yeas: Councilmen Boxiing:, Fead., Gray, Lopez, Preble,
Reeves and Russell. Nays: None.
Resolution on zoning Warren First Annexation
Adopted.
RESOLUTION 73-36
OF THE COUNCIL OF 'I1IE CITY OF FORT COLLINS GIVING
NOTICE CONCERNING A PROPOSED ORDINANCE /MENDING CHAPTER
118 OF THE CODE OF 11-FE CITY OF FORT COLLINS, COk:•iONZY
KNOWN AS TIE ZONING ORDINfANCE; IN ORDER TO CLASSIFY
FOR ZONING PURPOSES CERTAIN PROPERTY BEING ANNEXED
TO 1'FIE CITY OF FORT COLLINS
WHEREAS, heretofore the City Council of the City of Fort Collins
initiated annexation procedures for certain property lmoi�n as the Warren
Firsts Annexation to the City of Fort Collins more particularly described
in the " btice of Public Hearing" attached hereto; and
WitIERLAS, the Planning and Zoning Board has made a study concerning
the proper zoning for said land and has held a hearing and considered the
request it has received regarding such zoning, and has made a report and
recommendation thereon all in accordance with the Ordinances of the City
of Fort Collins; and
MIEREAS, the City Council desires to hold a hearing on an ordinance
zoning said lands.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Yhy 17, 1973, at 6.30 P.M., or as soon thereafter as Lhe matter
m-iy come on for hearing, in the Council Chambers of the City Hall of the
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April_19.,—IR7.3
City of Fort Collins, is hereby.set as the time and place for a public
hearing on an Ordinance zoning said lands; and
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed
1.
to publish a notice of said hearing as provided in Chapter 118.of the Code
of the City of Fort Collins, in the form attached hereto.
Passed and adopted at a regular meeting of the City Council held
this 19th day of April, 1973.
ATTEST:
� � 7
Uity C erK '—
mayor
Councilman Bowling made a motion, seconded by Councilman Russell., to adopt this
resolution. Yeas: Councilmen Bowling, Fead, Gray, Lopez, Preble, Reeves and
Russell. Nays: ;done.
Ordinance authorized zoning Guard Third Annexation
This item was tabled on various occasions.:
Motion was made by Councilman Lopez, seconded by Councilman Russell, to remove
the item from the table. Yeas: Councilmen Bowling, Fead, Gray, Lopez, Preble,
Reeves and Russell. Nays: None.
City Attorney i%larch reviewed the status of the annexation; Ordinance annexing
Guard Third Annexation - first reading December 21, 1972, and letter from the
petitioner requesting withdrawal on February 12, 1973. The City Attorney
further recommended the second reading of the annexation ordinance be held up
until the zoning ordinance catches up. The zoning ordinance had not been held
up on first reading.
Air. Jungmeyer, developer of the area; stated he had agreed to have the area
zoned RLP, as recommended by the Planning and Zoning Board.
Councilman Russell made a motion, seconded by Councilman Reeves, to authorize
the City Attorney to .prepare an ordinance zoning the Guard Third Annexation to
RLP zone, to be heard on first reading on April 26, 1973. Yeas: Councilmen
Bowling, read, Gray, Lopez, Preble, Reeves and Russell. Nays: None.
Bids awardad for Vehicles for 1973
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2,20
19, 1973
A
Two items on the bids, Q ton Van, one, and 0 ton .pickup trucks, 3 each, had
been tablAl on April 5, 1973.
Councilman Gray made a motion, seconded by Councilman Bowling, to remove the
items from the table for consideration. Yeas: ,Councilmen Bowling, Fead, Gray,
Lopez, Preble, Reeves and Russell. Nays: None.
City ilanager Brunton stated there was additional documentation explainingthe
one bid on each item.
Councilman Bowling stated he had contacted Mr. Markley of Markley Motors,
regarding bidding procedures on compact cars, and a suggested committee of the
Automotive dealers to work with the City on vehicle purchases.
Also discussed was the possibility of going to state bids on cars, and time
tables fur bidding.
Councilman hapez made a motion, seconded by Councilman Fead, to award the
bid for a '; ton van to Markley Motors in the amount of $3,048.92. Yeas:
Councilmen Bowling, Fead, Gray; Lopez, Preble, Reeves, and Russell. Nays:
None.
Councilman Bowling made a motion, seconded by Councilman Fead, to award the
bid for one stepside truck in the amount of $3,194.00 less $lQ0 trade and two
flectside trucks at $3,048.00 each; total $6,096.05 to h'elenbach Chevrolet.
Yeas: Councilmen Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell.
Nays: None.
Bid awarded for Office Furniture
City Manager Brunton stated low bid was recommended as follows:
'fables and office chairs = Total $597.95 - Kistler-Kwill Office Supply
Filing cabinets, desks and stacking
chairs total - $24298.70 - John's Office Equipment.
Councilman Bowling made a motion, seconded by Councilman Fead, to award the
bid to the low bidders. (as indicated above) Ayes: Councilmen Bowling, Fead,
Way, '_:opez, Preble, Reeves and P.usscll.. Plays: '?gone.
Bid awarded for construction of a shed and _
fencing for Museum
City ilanager Brunton stated low bid was rccormnended. A1so,Mr. Hei.gemeister and
Dir. 'i4,'ItroUS, members of the Pioneer Museum Board, were present and would speak
to the recommendation.'
Mr. A'atrous reviewed the purpose of the opening and displaying of the two
cabins and the Museum itself under the direction and control of one curator.
Councilman Bowling made a motion, seconded by Councilman Lopez, to award to
Don Bridwell in the amount of $8.173.16. Yeas: Councilmen Bowling, Fead,
Gray, Lopez, Preble, Reeves and Russell. Nays: None. ;
Request to use City property for a flea market
Referred to Administration- ;
221
Apri1_19.,_19-73
City Manager Brunton stated Administrative Assistant, John McGraw, had been
in touch with Mr. Lucero, the site had been reviewed and the recommendation
was to approve the request on a six -months trial basis, with a thirty day
cancellation clause. The agreement to be drafted by the City Attorney and
reviewed by the Administration.
Councilman Bowling made a motion, seconded by Councilman Reeves, to refer the
request to the Administration and authorize the City Attorney to draft the
agreement. Yeas: Councilmen Bowling, Fead, Gray, Lopez, Preble, Reeves and
Russell. Nayes: none.
Funding approved for continuance of the Cadet
Program in the Police Department
Assistant Chief Eychner reviewed the request for $8,860.00 for the Police
Lcpartment budget. A Federal Grant had been submitted and approved in the
amount of $28,424 of which $19,564 is an in -kind match of salaries and time
of Pol.icc Personnel. Under the Cadet Program, six young men from 17 through
20 years o` ;r, are hired to assist the Police Department in making house
checks, m;rrkinl; dead storage vehicles, etc. Chief Eychner stated it was
proposed to fund this under the.City's budget: in 1974.
Councilman Lopez inquired how many minority youths are in the program now and
how many had participated in the past. Chief Eychner stated two had partici-
pated in the past and no.program is formulated at present, but applications
are on file. The availability for female applicants was also discussed.
Councilman Bowling made a motion, seconded by Councilman Fead, to approve
continued utilization of the program and make funding available. Yeas:
Councilmen Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays:
None.
Canyon Avenue cross walk and intersection referred
to Administration for report
A letter from Pirs. Lorna Maurer, 400 West Street, was read into the record, in
which she requested an investigation and possible flashing lights at the six -
way intersection of Canyon Avenue, due to traffic danger for children attending
Lincoln Jr. High School.
Councilman Lopez concurred in her concern, and City Manager Brunton recommended.
this matter be referred to the staff for investigation and report.
Councilman Lopez made a motion, seconded by Councilman Fead, to refer the matter
to the Admini.straLion. Yeas: Councilmen Bowling, Fead, Gray, Lopez, Preble,
Reeves and Russell. Nays: None.
Appointment made to the Steering Committee of
D"P2
t•layor Preble announced the appointment of Val Ogden as the Executive Director
of DT2. Also a letter of resignation from R.E.Dils was read into the record,
in which he submitted his resignation as Chairman of the Steering Committee
of the DT2 Mayor Preble requested a letter of appreciation be sent to Air.
Dils in recognition of his time and effort in serving in this capacity, she
also announced the Steering Committee had selected as their new Ch irman
Mr. Maurice Nelson.
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it 19. 1
Mayor Preble, then recomnended that Mr. Richard Siever and Dr. Karl Carson be:
appointed to the Steering Committee.
Councilman Lopez made a motion, seconded by Councilman Bowling, to appoint Mr.
Siever and Dr. Carson to the Steering Committee. Yeas: Councilmen Bowling,
Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None.
Report of City Attorney on the Arizona
Power Authority Suit
City Attorney March stated the City had contributed funds to oppose the Southern
Division 'r'o,.er Associations, claim on power that should be transferred to the
Northern Division Power Association. A svat:us report from Joseph C. Fackrell,
P.E. Secretary of the northern revision also included a brief which has been
filed in support of motion for summary judgement in the Arizona Power Authority
Suit. (letter in Central Files).
Conmients by City Council members
Councilman Russell. spoke to his desire to have a more rigid enforcement of the
City Codc in regard to wasting of: water. Enforcement problems and possible
warning tickets were discussed. No formal action taken.
Councilman Gray spoke to her previous request for the implementation of a
Sunshine Law, ap-plicable to Council. The consensus of: the members was that
they dial not oppose voluntarily sul-,,,hitting a financial statement.
City Manager Brunton stated the City Attorney would have a report on this item
and an open meeting within. the next two weeks.
Adiournment
Councilman Fead made a - motion, seconded by Councilman Russell, that the Council
adjourn. Yeas: .Councilmen Bowling, Fead, Gray, Lopez, Preble, Reeves and
Russell. Nays:- None. _
Mayor
ATTF,ST :
City Clerk -