HomeMy WebLinkAboutMINUTES-01/11/1973-Regular1
January 11, 1973
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting
1 A regular meeting of the Council of the City of Fort Collins, Colorado, was held on
-January 11, 1973, at 1:30 P.M. in the Council Chambers of the City Hall.
Present: Councilmen Carson, Lopez, Preble and Fead. Absent: Councilman Peterson.
Staff members present: Brunton, Liquin, Reynolds, Cain, DiTullio, March and Lewis.
Minutes of regular meeting of January 4 1973 - Reading dispensed
Thursday,
On motion by Councilman Preble, seconded by Councilman Fead, that the reading of the minutes
of the January 4, 1973 meeting be dispensed with. Yeas: Councilmen Carson, Lopez, Preble
and Fead. Nays: None.
Boundaries set for Northern Hotel Hotel -Restaurant Liquor License
City Attorney March stated the reports were in from the departments and the report from
the Building Inspection Office and Fire Department indicated some deficiencies. The
application was in proper form. No recommendations on the character of the applicant
and no recommendation on boundaries of the neighborhood affected by the application were
submitted by the City Manager.
Attorney Gene Timmerman, representing the applicants, stated he was aware of the deficiencies
mentioned by the departments and had been in touch with Chief Building Inspector Gordon
Clyde and it was the applicants desire to do everything necessary to make the building safe.
City Attorney March stated the Council could set the boundaries as the hotel area itself, or,
as has been done in the past; set the boundaries for the application as'the City limits.
Councilman Lopez made a motion, seconded by Councilman Fead, to set the boundaries as the
City Limits. Yeas: Councilmen Carson, Lopez,Preble and Fead. Nays: None.
Application for VFW, Rocky Mountain Post #1781, for Club Liquor License - Taken under
advisement
Mayor Carson read at length the rules of procedure.
City Attorney March reviewed the Department reports and stated serious deficiencies had
been pointed out by the Fire Department and the Building Inspection Office.
Mr. Max D. McDowell, Quarter Master of VFW Post #1781, representing the applicants, stated
the applicants had engaged Mr. Russell M. Miller P. E. to perform all necessary professional
services required to structurally renovate the building to meet the minimum standard of the
Uniform Building Code.
Mr. McDowell stated that after the engineer's report was received they could tell if they coulc
afford to proceed with the project.
City Attorney March advised Council they could table the hearing until this determination
was made or proceed with the hearing. Mr. McDowell stated his preference to having the
hearing proceed and it was so ruled by the Chairman of the Licensing Authority. the desires
City Attorney March questioned Mr. Maxwell on the lease terms, the Clientele
and of the members of the V.F.W.
Mayor Carson declared the hearing concluded and that notice would be given in due time.
Ordinance No. 98, 1972 - Being an Ordinance regulating the keeping of dogs in the City,
prohibiting allowing dogs to run at large and providing for rabies vaccination, licensing
and seizing of dogs - Adopted, as amended, on second reading.
The second reading of this ordinance had been tabled for one week. Councilman Preble made
a motion, seconded by Councilman Lopez, to remove this item from the table. Yeas:
Councilmen Carson, Lopez, Preble and Fead. Nayes: None.
Considerable discussion on this ordinance, as at last week's r,teeting started when City
City Attorney March stated he has reviewed suggested changes requested by Attorney's
Gascoyne and Greer dealing mainly with the conclusive presumption, definitions of dogs
running at large, and dogs under control. (Conies fiirnished to Council and Press).
Personell from the Police Department, speaking to the question, were Chief Smith, Lieutenant
Davis and Don Showalter.
Councilman Preble inquired of the Administration whether the City had received a ruling from
the State Veterinarian on a one year versus a three year vacinnation period. City Manager
Brunton stated Dr. William Tobin, State Veterinarian, had no statement of policy on the
matter and even Denver had different requirements for different areas of the City, adding
"if the people really believe in the democratic system, they should be in favor of us
drafting a very strict dog ordinance and letting the people decide whether they want a
strict ordinance -or the present welk one."
Councilman Lopez made a motion, seconded by Councilman Preble, to amend Ordinance 98, 1972,
by amending Sections 5,10, 12, 14 and 15, as discussed. Yeas: Councilmen Carson, Lopez,
Preble and Fead. Nays: None.
Ordinance No. 100, 1972 - Being an Ordinance annexing certain 'territoryto the City of
Fort Collins ___
January 11, 1973
?lotion by Councilman Fead, seconded by Councilman Preble, that Ordinance No. 100, 1972,
be adopted. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None.
Ordinance No. 101, 1972 - Being an Ordinance annexing certain territory to the City of
Fort Collins, Colorado - Tabled at petitioners request.
Petitioner Ada May Guard, requested the second reading of the Ordinance be tabled until the
zoning was resolved on the annexation. I
Councilman Lopez made a motion, seconded by Councilman Preble, to tablethe second reading as,
requested. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None.
Ordinance No. 102, 1972 - Being an Ordinance annexing certain territory to the City of
Fort Collins, Colorado - Tabled.
City Manager Brunton stated the Administration had met with the petitioners and an informal
agreement had been worked out whereby payment for electric service lines would be made over
a period of time with interest. Council members stated theydesired a written agreement on
this before they proceeded with the annexation.
Motion by Councilman Preble, seconded by Councilman Lopez, to table the second reading of
this ordinance until the Administration worked out a written agreement. Yeas: Councilmen
Carson, Lopez, Preble and Fead. Nays: None.
Ordinance No. 103, 1972 - Being an Ordinance annexing certain territory to the City of Fort
Collins, Colorado - Tabled.
City Manager Brunton stated that according to Stan Case, there was no problem on this
annexation.
Councilman Preble made a motion, seconded by Councilman Fead, to adopt Ordinance No. 103, 197.
on second reading. Yeas: Councilmen Carson, Lopez, Preble, and Fead. Nays: None.
City Attorney March then pointed out that because Ordinance No. 102 had previously been
tabled, making this annexation new., not contiguous with the City, and proper action would be
to rescind their previous action and table the second reading, until contiguity was
established again.
Motion by Councilman Lopez, seconded by Councilman Fead, to rescind the previous action
on Ordinance No. 103, 1972. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None.
Councilman Lopez made a motion, seconded by Councilman Preble, to table Ordinance No. 103,
1972. Yeas: Councilmen Carson, Lopez, Preble, and Fead. Nays: None. �,
Ordinance No. 1, 1973- Being an Ordinance amending Chapter 19 of the Code of Ordinances of
the City of Fort Collins, Colorado, 1958, as amended, commonly known asthe Zoning Ordinance
and classifying for zoning purposes the property included in the East Lincoln Avenue First
Annexation to the City of Fort Collins, Colorado - Adopted
Motion by Councilman Fead, seconded by Councilman Lopez, to adopt Ordinance No. 1, 1973, on
first reading. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None.
Ordinance No. 2, 1973 - Being an Ordinance- amending Chapter 19 of the Code of Ordinances
of the City of Fort Collins, Colorado, 19S8, as amended, commonly known as the Zoning Ordinanc
and classifying for Zoning purposes the property included in the Guard Third Annexation to
the City of Fort Collins, Colorado - Referred to the Planning and Zoning Board
Director of Planning, Donald Reynolds, identified the area in question and stated the zoning
request had been heard by the Planning and Zoning Board who recommended approval, no
objections had been raised at the time this matter was considered, however, much opposition
had been voiced when the preliminary plans for the development of the annexation were pre-
sented.
Councilman Preble inquired of Mr. Jungmeyer if Council had not reviewed a Master Plan for
this proposed development which contemplated single family housing, and it was stated nothing
formal had been proposed for the area at that time by Mr. Jungmeyer. Q Architect William Brenner gave an oral report on the Prelimary Plan, poinUout the zoning
and development planned in each area.
Former Councilman Jerry Kissock stated that it was his recollection, that at the time the
first annexation was considered, only single family homes had been proposed for the area.
Area residents spoke to the question, stating they felt the developer had given them to
understand mostly single family homes would be built in this area and requested denial of
,the zoning requested.
Councilman Preble stated she would like to refer the matter back to the Planning and Zoning
Board and that she would like to see less density in the area. Mayor Carson stated he
felt sufficient concern and misunderstanding would seem to warrant the Planning and Zoning
Board re-examination of the zoning requested and Councilman Fead stated, that although, he
was reluctant in referring matters back to the Planning and Zoning Board, he would support
the recommendation because some .members of the Planning and Zoning Board had indicated some
reservations w)out the density after it had been approved.
Councilman Lopez inquired into the posting of premises for rezoning and stated he would like
to see better notification givento the citizenry.
Councilman Prebie made a motion, seconded by Councilman Lopez, to refer the Guard Third
Annexation zoning back to the Planning and Zoning Board to reflect the specific instructions
to study the overall density permitted in the zone, the best use of the land and a re-
evaluation of their recommendation. Yeas: Councilmen Carson, Lopez, Preble and ?e:qd. \ays;
:, ol!
January 11,_19.7.3
Ordinance No. 3, 1973 - Being an Ordinance zoning the Horsetooth Lanes Annexation -
AnnrOVed on first reading
Aiotion made by Councilman Fead, seconded by Councilman Preble, that Ordinance No. 3, 1973,
be approved on first reading. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None.
Ordinance No. 4, 1973 - Being an Ordinance zoning the South Mesa Second Annexation -
Auoroved on first reading
Motion was made by Councilman Preble, seconded by Councilman Lopez, that Ordinance No. 4, 1973,
be adopted on first reading. Yeas: Councilmen Carson, Lopez, Preble, and Fead. Nays: None.
Ordinance No. S, 1973 - Rezoning property of Nelson E. Bachus property from RL to RH Zone.
Approved on first reading
Motion made by Councilman Lopez, seconded by Councilman Preble, that Ordinance No. 5, 1973
be approved on first reading. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nayes: None.
Ordinance No. 6, 1973 - Rezoning property by Fort Collins Newspapers, Inc., from IL to C zone
Approved on first reading
Motion by Councilman Fead, seconded by Councilman Lopez, that Ordinance No. 6, 1973, be
approved on first reading. Yeas: Councilen Carson, Lopez, Preble and Fead. Nays: None.
Ordinance No. 7, 1973 - Rezoning property by the Archdiocese of Denver, A Corporation Sole,
from Rif to RH zone.
Councilman Lopez inquired what kind of developmelt was planned. for the area and was advised
the proposed development was for elderly type housing. Councilman Lopez also stated
tie had received calls from area residents who were concerned about the possibility of their
raving to sell their homes. Director of Planning Don Reynolds stated no opposition had
been voiced at the Planning and Zoning meeting and they preferred zoning in the manner to
avoid spot zoning.
Councilman.Fead made a motion, seconded by Councilman Preble, that Ordinance No. 7, 1973,
be approved on first reading. Yeas: Councilmen Carson, 1. Preble and Fead. Councilman LODez
abstained from voting Nays: None.
Ordinance No. 8, 1973 - Being an Ordinance amending the Zoning Ordinance and creating a
New Zoning District to be known at the I-P, Industrial Park District.- Tabled for one week.
City Attorney March stated the Ordinance had not been reviewed by Council Or the Planning
and Zoning Board, or the Administration and suggested perhaps they might want to review this
ordinance before hearing and first reading.
Councilman Fea& made a motion, seconded by Councilman Preble, to table Ordinance No. 8, 1973,
for one week. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None.
Ordinance No. 9, 1973 - Rezoning property by Everitt Interprises, Inc., from IL to C zone. -
Annroved on first reading
Motion made by Councilman Preble, seconded by Councilman Lopez, to approve Ordinance No. 9,
1973, on first reading. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None.
Report on New Wage Plan
City Manager Brunton stated that because of the time factor, a complete study on salaries
was not undertaken prior to the completion of the 1973 budget. The salary and fringe package
did propose the following:
1. 3% salary increase for all classified positions.
2. Increase in life insurance coverage to equal the annual salary of the employee,
on the same participation ratio (2 of premium paid by each party).
3. 100o City participation in a -,low comprehensive medical insurance program up to
$35.00 per month begining in April of 1973.
Mr. Brunton reviewed the Citv's position concerning the Fire Department and their longevity
pay, which he does not favor. He stated he had had.approximately 1S meetings with the Fire
Union and the Fire Department is presently phasing back vacation and. holiday times for 1973.
Mr. Brunton also stated he would have a separate proposal for Department heads next week but
would like Council approval, in principal, of the pay,plan in order to proceed.
Councilman Lopez stated he felt some of the entrance level positions v.-ere extremely low and
that they did not provide a "decent living wage" for these employees.
City MA.nager Brunton stated these were problem areas and that "although this package is a
step in the right direction, it should be recognized that pay problems in specific areas will
not be eliminated.
Councilman Lopez made a motion, seconded by Councilman Preble, that Council agreed in
principal to the pay plan. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None.
Report on Rate Increase requested by Trash Haulers
City Manager Brunton read at length his report (Report in Central Files), and advised
Council that copies had been furnished the trash haulers but that they had not had time to
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January 11, 1973
peruse it. Therefore, he requested a one week extension, in which the individual trash
haulers could make written suggestions to his recommendations.
Plat of Greenfield Manor First Filing_- Approved
Director of Planning , Donald Reynolds,.idont.ified• the subdivision and stated the utility
agreement was in order. Motion by Councilman Lopez, seconded by Council Fead,'that this
plat.be approved. Yeas: Councilmen Carson, Lopez and Fead. Nays: None.
Bid awarded for Gasoline, Diesel Fuel and Motor Oils
City Manager Brunton stated an inquiry had been made into the legality of the City purchasing
trom a coop. lie had been in touch with the City Attorney and had been advised that there
was no difficulty, therefore, he recommended the low bid.
Councilman Fead made a motion, seconded by Councilman Lopez, to accept the recommendation
and award the bids as recommended. Yeas: Councilmen Carson, Lopez, Preble and Fead.
Nays: None.
Bid awarded for Chemical Requirements for 1973
City Manager Brunton stated the recommendation was again for the low bid.
Councilman Preble, seconded by Councilman Lopez, thatthe recommendation be approved. Yeas:
Councilmen Carson, Lopez, Preble and dead. Nays: None.
Payment authorized to Larimer County for cost of Computer' from April to December 1972
City Manager Brunton stated no formal agreement had been made and it was necessary to
ciarify.whether the City was a partner in the computer or was just buying time, therefore,
he requested authorization to pay the cost from April to December.
Councilm�iViUde a motion, seconded by Councilman Fead, to authorize payment for 1972 and
instructed the Administration to proceed with getting a more formal agreement. Yeas:
Councilmen Carson, Lopez, Preble and Fead. Nays: None.
Resolution approving accepting the report and recommendations,from DT2 approving Capital
Imarovements Master Plan
RESOLUTION 73-1
OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING THE REPORT AND RECOMMENDATIONS OF THE
DESIGNING TOMORROW TODAY COMMH TTEE
14HEREAS, heretofore a committee was formed in the City designated as Designing
Tomorrow Today, and
i%TiEREAS, such committee was made up of citizens of the City representative of all
groups and interests in the City, and
iVHEREAS, the purpose of such committee was to make such recommendations to the
City Council and the Citizens of the City of Fort Collins regarding public facilities and
projects necessary for the Cultural, social and economic advancement of the community in
the future, and
1',TEREAS, such cotmnittee has completed its study and has made a
report to the City Council of its recommendations for the future of the City
of Fort Collins, a copy of suds report is attached hereto, and
M-iMEAS, tjie City Council has considered and studied the report
of the Designing Tomorrow Today Committee: and has heretofore adopted an
ordinance, as recommended by said committee, increasing the sales tax in the
City in order to provide the necessary funds to accomplish the objectives
of said report and recommendations which ordinance will be voted upon by
the people of the City in the election to be held on February 20, 1973, and
';KEREAS, the City Council desires to set fortiu its intentions in
the event such increased sales tax is approved,by the voters of the City at
said election.
NOW, TiCcWORE, BE IT RESOLVED BY THE COUNCIL OF 111E CITY OF FORT
COLLINS:
10
--W nuary..11. -1973---
Section 1. That the report of the Designing Tomorrow Today Com-
riittee is hereby accepted by the City Council,of the City of 'port Collins.
Section 2. The recomhandations contained in such report regarding
public facilities and projects proposed t0 be acquired and constructed for
the City are accepted by the City Council -as -the Master Plan of the City for
future Capital Improvements and acquisitions.
Section 3. The Administration of the City is hereby directed to
take such steps as are necessary to accomplish the goals and objectives set
forth in the report in accordance generally with the priorities therein contained
and the City Administration is further directed to report to the City Council
in regular , meeting at least annually as to progress made on the recommen-
dations of the Designing Tomorrow Today Committee.
Section 4. 'Pie City Council recognizes that changing conditions
in the future may require changes in the goals and priorities set fortis in the
;`aster Plan and that many variables, including available funding, the avail-
ability of land necessary for certain proposed projects, and the ability of
the City to meet increased operating revenue needs caused by the projects in
question may necessitate changes :in the iYuster Plan in the future. No such
changes shall be made however, until the need for such change has been studied
by the Designing Tomorrow Today Committee and a report made thereon by such
Committee to the City Council, and such changes shall be made by the City Council
only after a public hearing by the Councih on the reports and recommendations
made on such proposed changes.
Passed and adopted at a regular meeting of the City Council field
this 4th day of January, A.D. 1973.
/s/ Karl E. Carson
slayo r
_Yi^i lsr
/s/ Verna Lewis
city C1er+
Councilman Carson made a motion, seco"ded by C.,uncilnan Lopez, to amend the resolution by
adding Cultural, Social and Economic, and by deleting the word "open" in the fifth
line on the second page. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None.
Comments by the General Public
Mr. Andy Anderson charged that City officials are placing "stumbling blocks" for the petition
drive aimed to put part of the Council's expense policy on the February 20 ballot. He referre
to City Attorney March's comments in the Coloradoan Wednesday that the City will be hard
pressed to get the item on the ballot.
Mayor Carson told Mr. Anderson that March "only stated facts and was not attempting to
place roadblocks" for the petition. He added: "As far as the Council is concerned, we
have nothing to consider, "if you have a specific request, I suggest you make it. There
are no petitions. before us. The mechanical problems referred to are facts and no one is
attempting to circumvent, prevent or destroy the public's privilege for petition."
If
January 11, 1973
L_"
Jr. Anderson then requested the number pf signatures required.
Councilmen told him the City did not have the information and to get it from the Larimer
County Clerk's office where toter registration records are kept.
Mr. Anderson then asked how the City was goring to determine the validity of the petitions witr.
out knowing the number required.
City Manager Brunton said it was a good point and suggested the City and petitioners
jointly request the information from the County..
Questions or continents uy members of the Council
Councilman Lopez stated he would be unavailable for his scheduled Wednesday Night Session
and asked.to trade with another memher.
Mayor Carson requested the Administration to made a report on Fire Protection measures
for mobile homes in the City, due to the many mobile home fires lately.
Adjournment
Motion made by Councilman Fead, seconded by Councilman Preble, that the Council adjourn.
Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None.
ATTEST':
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