HomeMy WebLinkAboutMINUTES-01/18/1973-Regular12
— -- _-- -- — ---- -- ---- —January 18.,_19.7.3 — -- — —_-- — _ —__--
January 18, 1973
COUNCIL OF THE 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,.January 18, 1973, at 7:30 P.M. in the Council Chambers"of the City
Ball.
Present: Councilmen Carson, Preble and Fead. Absent: Councilmen Lopez and Peterson.
Staff members present: Brunton, DiTullio, Reynolds, Cain, March and Lewis.
Minutes of January 11 1973 meeting approved.
Councilman Carson corrected the motion made by Councilman Preblc referring 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 (page 2).
Councilman Fead made a motion, seconded by Councilman Preble, to approve the minutes
of January 11, 1973, as corrected. Yeas: Councilmen Carson, Preble and Fead.
Nays: None.
Ordinance Passed Adopting by reference a Codification of
Existing ordinances of the City
Councilman Preble, made a motion, seconded by Councilman Fead, to adopt the
Ordinanc-- :adopting by reference a codification of existing ordinances of the City
on second reading. Yeas: Councilmen Carson, Preble and Fead. Nays: '•None.
s
ORDIX[CICE NO. 109 , 1972
BEING AN ORDINANCE ADOPTING MID )11kCTIiv%-BY PULRENCE, A CODIFICATION OF
EUSTING ORDINANCES OF 7111E CITY OF A M?fRAL• AND PERMNUff NATURE ENFITLED
,;CODE OF TILE CITY OF FORT COLLINS" AS MIMED BY CMRAL CODE PUBLISHERS'
CORP., MUM PPI ARY CODE ADOPTS BY REFUUNCE 'ME 1970 EDITION OF TINE UNI-
FOR1 BUILDING CODE, COPYRIGIITII) A:1) PI7BLISIIED BY TIm I.N1F-ZW1IO1'AI. CO,NTER-
FNCE OF BUILDING OFFICIALS, TIT, 1971 EDITION OF THE 11ATIO'AL EL13CTRICAL
CODE, COPYRICIan) AND PUBLIsin) BY TIB !"ATIOML FIRE PROTE3CTION ASSOCIATION,
ME 1964 EDITION OF TIB Uv`IFOTM PUFiZING CODE, COPYRIGHILT) AND PUBLISIM
BY TILE WESTERN PLUT- ING OFFICIALS ASSOCLATION, AND TIIE 1965 EDITION (INCLUDING
THE OCTOBER 1966 REVISION) OF TILT'. FIRE PRL-VENTI(xN CODE REC(1`.B `M) AND
PUBLISHED BY THE Ai-MICAN IlI•S, RANGE A.S.SOCIATION; PROVIDING P1ii1AI.TIIS FOR
VIOLATIOlis OF TtiE PROVISIONS OF SUCH CODE, PROVIDING 1I14T 71IE PROVISIONS
OF SUCH CODE SHOULD BE IN FULL FORCE ; -'D FFFECT FIRM AND AFTER T1IE EFFECTIVE
DATE OF THIS ORDINANCE; PROVIDING FOP, TIV PREPl4RATION 1-14) PLBLICATION OF
SUPPLE R M FOR SUCH CODE; PROVIDING FOR 111E hAINTEiV10E OF OFFICIAL COPIES
OF SUCII CODE IN 111E. OFFICE OF TIB CITY CLLdRI:; PROVIDING FOR ME I'MiASE
AND SALE OF COPIES OF SUCH CODE; AND DECLARING UILANFUI, CERTAIN ACTS WITH
REFEREIL17 TO ALTE!"ING OR MiPLJ�iliu WITH SUCH CODE AND PROVIDING A PENALTY
TIMEFOR
MEW, S, the City Council of the City of Fort Collins has determined
t-.at it is necessary and ,xpedient that all of the ore.L :aces of the City of a
general and permanent nature be codified and, pursuant to such determination,
has caused a codification of such ordinances to be prepared by General Code
Publishers Corp., uvliicin codification is designated as "Code of the City of
Fort GDllbis"; and
in
January 18.,_19.7.3
i01fRMS, the Charter of the City of Fort Collins provides for the
adoption of such a code by reference; therefore
BE IT ORDAINED BY Tt1- COUNCIL OF TIC CITY OF FORT 03LLINS:
Section 1-1. Adoption of Code.
Pursuant to law, the ordinances of t',ne City of Fort Collins of a
general and permanent nature adopted Ly the Council of the City of Fort
Collins on or before September 7, 1972, as revised, codified and consoli-
dated into titles, chapters and sections by General Code Publishers Corp.,
and consisting of chapters 1 through 113, together with an Appendix and Index,
are hereby approved, adopted, ordained and enacted as the ''Code of the City
of Fort Collins'', the same being hereinafter sometimes referred to as the
"Cr_de"
Section 1-2. Code Supercedes Prior Ordinances.
This Code shall supercede all other general and permanent ordin-
ances and parts of ordinances passed by the Council of the City of Fort
Collins on or before September 7, 1972, except such ordinances as are ex-
pressly saved from repeal or continued in force and effect as shall here-
after be set forth by reference.
Section 1-3. h'hen Effective.
L
A11 provisions of the Code shall be in full force and effect on and
after the effective date of this ordinance.
Section 1-4. Repeal of Ordinances Not Contained in Code.
All ordinances and parts of ordinances of a general and permanent
nature adopted by the Council of the City of Fort Collins on or before
September 7, 1972 and in force on the date of adoption of this ordinance
and not contained in the Code, are hereby repealed as of the effective date
of this adopting ordinance, except as hereafter provided.
Section 1-5. iMatters Not Affected by Repeal.
The repeal of ordinances and parts of ordinances of a permanent
and general nature by Sections 1-4 of this ordinance shall not affect any
offense committed or act done, any ;enalty or forfeiture incurred, or any
contract right or obligation established prior to the time when said ordinances
and parts of ordinances are repealed.
Section 1-6. Ordinances Saved From Repeal.
The continuance in effect of temporary and/or special ordinances
and parts of ordinances, although omitted from this Code, shall not be
affected by such omission therefrom, and the adoption of the Code shall not
repeal or amend any such ordinance or part of any such ordinance. Among
the temporary and/or special ordinances not repealed or amended by the adop-
tion of this Code are ordinances:
A. Creating, opening, dedicating, vacating or closing spe-
cific streets, alleys an3 0`.'.:er public ways;'
public ways; B. Naming or chaligin„ the naves of specific streets and other
public ways;
_— Januar-y_18:,_19.73- — -- -- --- -- - - ---
C. Establishing the gra.:es of specific streets and other
D. Establishing the grades or lines of spe:.•ific sidewalks;
E. Authorizing or relating to specific issuances of general
obligation bonds;
F. Creating specific sewer and paving districts and other
local improvement districts;
G. Authorizing the issuance of specific local improvement
district bonds;
H. ?ialing special assessments for local improvements and authori-
zing refunds from specific local improvement district bond proceeds;
City;
I. Annexing territory to, or excluding territory from, the
J. Dedicating or accepting any specific plat or subdivision;
K. Calling or providing for a specific election;
L. Authorizing specific contracts for purchase of beneficial
use of water by the City;
m. Approving or authorizing specific contracts with the
state or with other governmental bodies or with others;
N. Authorizing a specific lease, sale or purchase of property;
0. Granting rigints-of-way or other rights and privileges to
specific railroad companies or other public carriers;
P. Granting a specific gas company or other public utility
the right or privilege of constructing lines in the streets and alleys
or of otherwise using the streets and alleys;
Q. Granting a franchise to a specific public utility com-
pany or establishing rights for or otherwise regulating a specific public
utility company;
R. Appropriating money;
S. Levying a temporary tax or fixing a temporary tax rate;
T. Relating to salaries;
U. Amending the zoning mup adopted by Ordinance No. 46, 1965,
adopted October 14, 1965.
,"action 1-7. Ordinances Subsequent to September 7, 1972.
he Code contains all ordinances of a general and permanent nature
adopted by the Council of +he City of Fort Collins prior to September 7, 1572,
which the City Council to remain in effect. All ordinances and parts
of ordinances, i.-icluding amendments to specific ordinances, enacted and adopted
by the Council subsequent to September 7, 1972, shall remain in full force
and effect, and their omission from this Code shall not affect the validity
5
January 18, 1973
of the same. All•sucln measures adopted subsequent to September 7, 1972,
shall be codified and made a part of this Code in supplements to be prepared
as herein pr+vided for.
Section 1-8. Codes Adopted by Reference.
Certain other codes are adopted by the Code as follows:
A. Uniform Building Code. The 1970 edition of the Uniform
Building e and amendments thcretc, in the form previousl; jdopted
by ilia City of Fort Collins,. at least three copies of which have
been properly certified as true copies by the Mayor and City Clerk,
and have been and now are on file in the office of tine City Clerk,
is hereby readopted and re-enacted by reference as a part of the
Code. The purpose of this Code is to provide minimum standards to
safeguard life or limb, health, prorsrty and public welfare by regu-
lating and controlling the design, construction, quality of materials,
use and occupancy, location and maintenance of all buildings and
structures within the City of Fort Collins and certain equipment
specifically regulated in said Code. The subject matter of this
Uniform Building Code is regulating the erection, construction,
enlargement, alteration, repair, moving and removal, conversion,
demolition, occupancy, use, height, area and maintenance of buildings
or structures in the City of Fort Collins; providing for tine issu-
ance of permits and collection of fees therefor; declaring and
establishing fire districts; providing penalties for the viola-
tion thereof; and repealing all ordinances and parts of ordinances
in conflict therewlt4. Said Uniform Building Code was promul-
gated by the International Conference of Building Officials, 50
S. Los Robles, Pasadena, California 91101.
B. National Electrical Code. the 1971 edition of the
National Electrical CD e an artendmcnts thereto it the form pre-
viously adopted by the City of Fort Collins, at least three copies
of which have been properly certified as true copies by the Mayor
and City Clerk, and have been and now are in file in the office
of the City Clerk, is hereby readopted and re-enacted by reference
as a part of this Code. The purpose of said National Electrical
Code is the practical safeguarding of persons and of buildings and
their contents from hazards arising from the use of electricity
fnr lieht. heat, power, radio, signalling and for other purposes.
The subject matter of this code covers the electric conductors
and equipment installed within or on public or private buildings
and other premises, includL.g yards, carnival and parking lots
and industrial substations and, also the conductors that connect
the installation to - supply of electricity and other outside
conductors adjacent to the premises. Thus Code was promulgated
by the National Fire Protection Association, 60 Batterymarch
Street, Bostoa,1,1assachuset s 02110.
C. Uniform plumbing Code. The 1964 edition of the Uniform
Plumbing Code and ameT�nts t-hereto in the form previously adopted
by the-City-of'Fort Collins, at least three copies of which have
been previously certified as trCe copies by the Mayor and City Clerk,
and have been and now are on file in the office of the City Clerk,
is hereby 'read:,::ted and re-enacted by referenv:.e s a part of this
Code. The purpose of this Code is to protect the health and safety
of the residents of the City of Fort Collins by providing rules
anri reMIIntinnc for �� F—..:7:-1- _, .__ e_
__._ O, th.,. USe C- proocr ... y=, w.0 proper inet.wUJ
of installation of plumbing. The subject matter of this Code
16
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covers all ratters pertaining to plumbing. This Code was issued
and promulgated by the Western Plwnbing Officials Association, P.O.
Box 247, South Pasadena, California 91031.
D. Fire Prevention Code. The 1965 edition, and the October,
1966 revision tierce , o tie Fire Prevention Code, at least three
copies of which have been properly certified as true copies by the
Mayor and City Clerk, and have been and now are on file in the office
of the City Clerk, is hereby re -adopted and re-enacted by reference
as a part of this Code. The purpose of said Fire Prevention Code
is to prescribe regulations governing conditions hazardous to life
and property from fire or explosion. This Code is promulgated and
recommended by the American Insurance Association, 85 John Street,
New York, New York 10038.
Section 1-9. Changes in Previously Adopted Ordinances.
In compiling and preparing the ordinances of the City of Fort Collins
for adoption and revision as part of. the Code, certain grammatical changes
and other minor changes were made for one or more of said ordinances. It
is the intention of the Council of the City of Fort Collins that all such
changes be adopted as part of the Code, as if the ordinances so changed had
been previously formally amended to read as such.
Section 1-10. Titles and Headings Not Part of Ordinances.
Chapter and Article titles, headings and titles of sections and
other divisions in the Code, or in supplements made to the Code, are inserted
in the Code, and may be inserted in supplements to the Code, -for the conven-
ience for persons using tine Code and are not part of the Ordinances.
Section 1-11. Notes Not Part of Ordinances.
Notes indicating sources of sections, giving other information -
or referring to the statutes, to the Charter or to other parts of the Code
are inserted in the Code, and may be inserted in supplements to the Code,
for the convenience for persons using the Code and are not part of the Ordinances.
Section 1-12. Certification of Code.
The Mayor and City Clerk shall carefully examine at least three
copies of the Code adopted by this ordinance to see that they are true and
correct copies of the Code. Similarly, after each supplement has been pre-
pared, printed and inserted in the Code, the Mayor and City Clerk shall care-
fully examine at least three copies of the Code as supplemented. The City
Clerk shall then insert a Certificate in the front of each of said -true -and -
correct copies of the Code certifying substantially that the copy is a true
and correct copy containing all permanent and general ordinances passed or
adopted since the previous supplement, and until the date of the current
supplement. Both the IMayor and the City Clerk shall sign the certificate
and the City Clerk shall seal it with the seal of the City of Fort Collins.
The copies of the Code as originally adopted, or as amended, certified and
sealed, shall constitute the permanent and general ordinances of the City of .
Fort Collins as of the date indicated in the Certificate, and shall be so-`- -
accepted by the Courts of law, administrative tribunals and by all others
concerned.
Section 1-13. Copies of Code on File.
At least dirge cehies of tine Cade so certified and sealed most
recently, shall be kept in the office of tine City Clerk at all times, and my
be inspected by any interested person at any time durine reaul.ar office
i17
January 18- 1973
to. cause the ordinances of the City of Port Colluis to be misrepresented
thereby, shall be guilty of a misdemeanor and -upon conviction thereof, shall
be punished as provided by Section 1-23 of this ordinance.
Section 1-20. Penalties for Violations of this Ordinance.
Any person, firm or corporation convicted of violating any provi-
sion of this ordinance shall be guilty of a misdemeanor and shall be punished
as provided in Section 1-23 of this ordinance.
Section 1-21. Effective Date of this Ordinance.
This ordinance shall take effect immediately after final approval
and publication as provided in the City Charter, Article II, Section 7.
Section 1-22. Definitions and Interpretations.
A. The following words and phrases, when used in the Code or
in other ordinances of the City, shall have the meanings respectively pre-
scribed for them when used in the City Charter, as provided in Article XXI,
unless the context clearly indicates another meaning:
(1) Agency
(2) Allotment
(3) Appropriation
(4) City
(5) Department
(6) Division
_ (7) Elector _
---(3) Elector or taxpayer for a period of time
(9) Emergency
(10) Emergency Ordinances
(11) Employees
(12) Misdemeanor — -
(13) Office
(14) Officer
(15) Qualified elector
(16) Qualified taxpaying elector
(17) Taxpaying elector
(18) Vote of the electors
(19) Vote of the qualified electors
(20) Vote of the taxpaying electors
(21) Vote of the qualified taxpaying electors_
B. Mien the word "person" is used in this Code or in other
ordinances of the City, it Ishall mean -and- include -also-fiim— association,- club,
or other organized group, partnership, corporation and governmental agency,
as well as a natural person, unless the context clearly indicates otherwise.
C. In this Code and in other ordinances of the City, a word
importing the masculvie gender only shall also include and mean the femviine
and neuter, unless the context clearly Lidicates otherwise. `
*. D. In this Code and "inn "other a'rdinances of 'the City, a word '
importing the singular number only shall also include and mean the plural,
unless the context clearly indicates otherwise.
18
hours, but may not be removed fror^. the City Clerk's office except tFion'propi6F
order of a Q)urt of Law; provided, also, that the Mayor or Gie City &&onager
in writing, hray authorize the temporary removal of one and only one of said,
copies at :, time from the City Clerk's office for good cause.
Section 1-14. Amendments to Code. _
ordinances and parts of ordinances of a permanent and general nature
passed or adopted after the adoption of this ordinance, may be passed or
adopted eit;,er in tao form of amendments to the Code adopter by this ordinance
or without specific reference to the Code. But in either case, all such
ordinances and parts of ordinances shall be deemed wiendment3 to the Code, and
all of the substantive, permanent and general parts of said ordinances and
changes made thereby in the Code shall be inserted and made in the Code as
provided in Section 1-15 hereof.
Section 1-15. Supplementation of Code.
A. The Council shall cause supplementation of the Code to be
prepared and printed from time to time as it may see fit. All substantive,
permanent and general parts of ordinances passed by tine Council or adopted
by initiative and referendum, all darter amendments and all amendments and
changes in temporary and special ordinances, or other measures included in
the appendices of the Code prior to the supplementation and since the previous -
supplementation shall be included.
B. It shall be the duty of the City Clerk, .-or_someone authorized
and directed by the City Clerk, to keep up-to-date the L,ree certified copies
of the book containing the Code, require:; to be filed in the office of the
City Clerk for tine use of the public.
Section 1-16. Sale of Code Boos; Supplrmentat9or. _- _
Copies of the Code book, may be purchased from true cleric of the City
of port Collins upon the payment of a fee to be set by resolution of the City
Council. The City Council may also arrange by resolution for procedures for
the periodic supplementation thereof.
Section 1-17. Severability of Code Provisions.
If any sections, section, subsection or provision of this Code
of ordinances, or the application thereof to any person or circumstances,
is declared unconstitutional or otherrise invalid by any competent court,
such invalidity shall not affect the other sections, subsections, provisions
or applications of this Code if they Lin be given effect without -the -invalid— -
sections, section, subsection, provision or application.
--- --Section 1-18. Severability of ordinance Provisions.- - - - ----
Each section of this ordinance is an independent section, and the
-holding of any section, or part thereof, to be unconstitutional, void or
ineffective for anycause shall not be deemed to affect the validity -or -
constitutionality of any other section or part thereof.
Section 1-19. Alterirg or Tampering with Ccd?, Penalties for Violation.
Any person, firm or corporation who shall alter, change or amend
th- fa-j- .,,7. ed 1— this crllnance, exce,rt in tlln m�nnnr proccrilv+r3 by tine
.-...,t.-.. ..�
ordinance, or who shall alter or tamper witi, said Code in any manner so as
9
January 1.8.,_197.3
Section 1-23. General Penalty for Violations.
Any person, firm or corporation wlio shall violate any provision
of the Code, or any provision of any code or other regulation adopted by
reference by this Code, by doing any act prohibited or declared to be urJaw-
ful thereby, or declared to be an offense or misdomeanor thereby, or who
shall engage in or exercise any business or occupation or do anyth:ng ,or
which a license or permit is required, without having a valid license or per-
mit therefor as required, or who shall fail to do any act required by any such
provision, or who shall fail to do any act tiien such provision declares such
failure to be unlawful or to be an offense or misdemeanor, shall be guilty of
a misdemeanor, and, upon conviction, shall be punished by a fine not
exceeding $300.00 or by imprisonment not exceeding 90 days, in addition
to the collection of any costs which may be provided for, unless a specific
penalty is provided for a particular misdemeanor. Each day upon which any
violation shall continue shall constitute a separate misdemeanor unless some
other specific time period is provided for any particular violation.
Section 1-24. Penalty for Violations of Ordinances Adopted
After .option o e.
Any person, firm or corporation who shall violate any provision of
any ordinance of a permanent and general nature passed or adopted after adop-
tion of this Code, either before or after it has been inserted in the Code
by a supplement, shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished as provided by Section 1-23 of this ordinance,
unless another penalty is specifically provided for the violation.
Section 1-25. Additional Penalty Sections.
The following penalty sections, as adopted by the Council of the City
of Port Collins as parts of ordinances, contain substantively different
provisions from those contained in Section 1-23 of this Ordinance, or are
penalty sections contained in codes adopted by reference and as such are set
forth in full.
A. Section 205 of the lhiiform Building Code (Section 38-9
of the Code) reads as follows:
"Section 205. It shall be unlawful for any person, firm
or corporation to erect, construct, enlarge, alter, repair,
move, improve, remove, convert or demolish, equip, use,
occupy or maintain any building or structure in the city,
or cause the same to be done, contrary to or in violation
of any of the provisions of this code.
Any person, firm or corporation violating any of the pro-
visions of this code small be deemed guilty of a misdemeanor,
and each such person shall be deemed guilty of a separate
offense for each and every day or portion thereof during
which any violation of any of the provisions of this code is
committed, continued or permitted, and, upon, conviction of
any such violations, such persons shall be punishable by a
fine of not more than three hundred dollars ($300.) or by
imprisoimient for not more than ninety (90) days, or by both
such fine and imprisormient."
B. Section 54-23 of the Code, relating to violations and penalties
wizen regard to collection and removal of garbage reads as follows:
"Violation of any of the provisions of this Article shall be
pmishabie by a fine not to exceed three hundred dollars
(v300.) or imprisonment not to exceed thirty (30) days, in
addition to the collection of costs as is otherwise provided
20
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C. Subsection B of Section 114-166 of the Code relating
to penalty assessments with regard to traffic violations reads as follows:
_ "B. -Unless another penalty is expressly provided herein, every
person found guilty of a violation of any provision of this
chapter may be. punished by a fine of not more than three hun-
dred dollars ($300.) or by imprisonment for not more than ninety
(90) days, and if in the opinion of the PAmicipal Judge it is
deemed advisable, the right to drive a vehicle upon the streets
of the City of Fort Collins may be revoked for a period not to
exceed six (6) months."
Section 1-26. Amendments and Additions to the Code. Tine following
amendments and additions to the ordinances of tine City o ort Collins have
been made in the Code, and these amendments and additions are to be given
full force and effect by this adoption of the Code.
"A. In Chapter 2, Agencies, Officers and Employees, Article VI,
Hunan Relations Commission, Section 2-19, Subsections I and K
have been amended by adding necessary wording to clarify the
function of the }Inman Relations Commission, as follows:
(1) Subsection I is amended to read: "To investigate such
_. conditions and facts as may be necessary, in order to aster-
taili the facts."
(2) Subsection K is amended to read: "To make periodic
-- -: _ .reports to the City_ Council concerning the activities and
recommendations of the Commission."
B. In Chapter 30,:Utility and Improvement Funds, Article IV,
Water Bond Principal Fund, Section 30-12 is amended to replace the
reference to specific ordinance sections 116-c of Ordinance No. 5,
1948, and Section 11-f of Ordinance No. 35, 1958" with the words
"any current sewer or water system bond ordinance."
C. In Chapter 69, Landmark Structures and Districts, Section
69-1, Definitions, is amended to clarify the definition of "re-
location" as follows:
"RELOCATION -- Removal of a historically significant land-
mark from a site deteriorating in terms of accessibility
or aesthetic surroundings to a site more assuredly giving
adequate protection or providing greater opportunity for
---public appreciation or enjoyment."
D. In Chapter 95,,Streets and Sidewalks, Article V, Sidewalks,
Curbs, and Gutters, Sections 95-39, 95-42 and 9S-43 are amended
to change the word "resolution" to the word "ordinance".
E. Chapter 104, Taxation: Retail Sales and Use, Article III,
Admi.nistr_ation,.Section;104-58B is amended to provide.that.the levy
shall be "upon sufficient of the tangible personal property of the
taxpayer, purchaser or vendor as is necessary to satisfy the lien,
F. In Chapter 118. Zoning:
(1) Section 118-43C is amended so that last portion of the
subsection reads . and one hundred (100) feet for uses
numbered (4), (5), (6) and (8) in Subsection A above."
DOM
January 18,-19.7.3
(2) Sections 118-44B-and 118-44C are amended so that last _-
portion of each subsection reads ". numbered (4) through ----- ---
(20) in Subsection A above."
(3) Section 118-46A(3) is amended so that all references to
'"R-P, Planned Residential District" are changed to 'R-1.1-P,
-- biedium Density Planned Residential District."
(4) Section 118-62A(3) is amended by the deletion of ori-
ginal Subsection A(3)(b) regarding sign provisions and the
renumbering of original Section 118-62A(3)(c) to become
Section 118-62A(3)(b)."
Introduced, considered favorably on first reading, and ordered
published this 28th day of December, A.D. 1972, and to be presented for final
passage on the lath day of January, A.D. 1973.7p -
X,
---
yor
ATT -
-Cit Clerk
n `
Passed and adopted on final reading this 18th day of January,-A.D.--
1973.
Mayor
ATTEST:
Zity (erK
Presented: December 28, 1972
Passed: January 18, 1973
Vote: -Yeas: 3 Nays: 0 (First c, Second Reading) --
Published: January 2, and January 23, 1973
Attest: - - --
City Clerk
_Ordinance adopted .on -first reading Creating'I-p = --
Industrial Park District
The Planning and Zoning Bo.,rd recoamended approval of th:i: ordinance subject to E�
the ILP, Planned Limited Industrial title be changed to "Industrial Park Zone." `
City Attorney March also rccormnended the zone inci.auc a FUD use by right to allow _
variation of the zone's requirements to avoid any legal discrepancies in the
22
existing ordinance.
City Manager Brunton reviewed the above, and asked if the Director of Planning had
additional comments. Mr. Reynolds stated the State of Colorado does not look
kindly at special uses, and there has been some cluttering up of the zoning ordinance.
City Attorney March stated that the ordinance did make surplus the IL and IG zones.
Mr. Reynolds did agree that the zoning ordinance itself has been markedly changed,
and thought the reorganization of the Zoning Ordinance should include (1) the
need to deal with existing zones, (2) the area that is now developing and (3)
the redevelopment that is taking place.
Mayor Carson asked if the IP zone accomplished what we had set out to accomplish,
and spoke specifically to the Pine Tree Park Annexation and the Council's desire
to have the developer comply with the I-P zone.
City Manager Brunton stated the ordinance was necessary to keep control, and the
desire to make the document simple and yet allow for flexibility, he did feel it
was a step in the right direction.
Director of Planning, Donald Reynolds, said he had talked to the developers of
the Pine Tree Park Annexation and they saw no problem with the IP zone.
Councilman Preble made a motion, seconded by Councilman Fead, to adopt Ordinance
No. 8, 1973, creating the IP, Industrial Park District zone, on first reading.
Yeas: Councilmen Carson, Preble.and Fead. Nays: None.
Ordinance adopted on first reading approving new power rate
schedule with Colorado State University
City Manager Brunton called on Director of Utilities to make remarks regarding
this ordinance. Mr. Case stated he first would like to correct a statement made
by the news media that this was a special rate; he stated this was our standard
Rate 5, and that negotiations with the University on this rate would provide
for contracts in accordance with the University's fiscal year and included the
one year notice of a rate change.Mr. Case further stated the University was the
City's largest electricity customer, using 25% of our total power, and thus
producing 14% of the total revenue.
Councilman Fead made a motion, seconded by Councilman Preble, to adopt Ordinance
No. 10, 1973 on first reading. Yeas: Councilmen Carson, Preble and Fead. Nays:
None. -- — - —
Resolution adopted setting forth findings on a Preliminary
hearing on a Liquor Licensing Application
Resolution of the Council of the City of Fort Collins Acting as the Local Licensing
Authority setting forth findings on a preliminary hearing on a Liquor License
application for the Northern Hotel Restaurant and Lounge.
L
Councilman Preble made a motion, seconded by Councilman Fead, to adopt the resolution
setting forth the findings on the preliminary hearing for the Northern Hotel
Restaurant and Lounge. Yeas: Ccr.ncilmen Carson, Preble and Fead. Nays: None.
RE-SOLUTIO`I 73- 2
OF TIT: COUNCIL OF 117.' CITY Oi F(IT T COLLINS ACTING AS -
1111i I IX 4L LICII;SI"dG AUTflIMITY SI;i fIIiG FC:TII PIi )Ir
', GS
ON A PRELIM,v,Y I;PJIRI?;G ON A UOR LIQLILN.S 'I-E APPLICATION
r^, I,1LLIi� l OTA, k1 a; u : Gu,Y Auv BiLli..^ic ii.,
doing business as eOR11I -'UNI HOTEL RESTAIfivWI' u LOUNGE, made application
January 18, 1973
Ordinance Authorized Providing for the Annexation
of Collindale Golf Course First and Second Annexations
City Attorney March stated these should be companion ordinances; that at this
time they should split and one should be completed before the next one was
started.
City Manager Brunton stated it was very desirable to get these two annexations
into the City for Fire and Police protection and Sales Tax purposes. The Planning
and Zoning Board recommended approval of the annexations, with RLP zoning as requested.
Councilman Preble made a motion, seconded by Councilman Fead, to refer the two
annexations to the City Attorney for ordinance preparation. Yeas: Councilmen_
Carson, Preble and Fead. Nays:, None.
Request from Concerned Citizens for possible Charter Amendment
Mrs. Bernice Hoover read from a prepared statement, requesting that a Charter
amendment with regard to the City paying for expenses of Councilmen's spouses
at conventions be put on the ballot at the February 20, 1973, Special Municipal
Election.
Mayor Carson stated he felt the Council was again faced with a petty issue and
added time was too precious to dwell on it, also that there were more important
issues, such as the capital improvements scheduled for the February 20th election.
Councilman Fead stated the real issue was $4S0 spent by Council for conventions
when -the same group wanted to raise the salaries of Councilmen which would increase.
the cost to the City by $9,000.
Mr. Andy Anderson stated for the record, 1,900 signatures had been obtained. on
this request.
Councilman Carson made a motion, seconded by Councilman Fead, that the present
policy be set aside and that a resolution be drafted so stating. Yeas: Council-
men Carson, Preble and Fead. Nays: None.
Y
Resolution adopted Approving a Revised Employee Pay Plan
for the City
Since the Proposed Salary and Fringe Bene£it.Package for 1973, had previously
been presented to Council, City Manager Brunton read from the prepared memorandum,
on Compensation Package for Fire Fighters, (report in Central Files) and recommended
the pay plan be adopted by resolution and the Compensation Package for Fire
Fighters be approved by motion.
Councilman Preble made a motion, seconded by Councilman Fead, to adopt the
resolution approving the revised Employee Pay Plan for the City. Yeas:
Councilmen Carson, Preble and Fead. Nays: None.
R SOLUTION 73-3
OF TM, COL CIL OF '111E CITY OF FORT COLLINS APPROVING A
REVISLD L'�1'LOML PAY PLu+ FOR Ti;T CITY
UI EREAS, heretofore by Resolution, t;u: City Cotuicil approved a
Manual of Class Specifications and Comapensation Plan for the Umicipal
MR
to tiie. City of ivrt :.ollilis for a hotel .uid restauraant liquor iicciise;
vid
l iT�F..'1'S, tac .Ltv Co moil , acti.i--g as tie local 'Licensing authority,
.Lis recciyed rc,iort"s eolicern-L-1- suca a])pllcat101it:, a:nd hij hold a p'el lminary
iicaring oil sucL appllca LLion as nro•aided in hUlc S of tDo KUles Of Pi ocedure
of the Liquor Licc:isiii ; Authority.
NOW, TII PO`I, BL I1' Pj,'S0,i1vi:J BY i']li. MUNCIL OF 171 CI•iY or. FORT
COLLI?rS, acting as a local licensing authority, that the authority hereby
makes tine following preliminary findings and determinations concerning
tais anplic;i-tion, subject to the right of any party in interest to present
furt'ier evidence concerning airy of sucii findings and determinations at
thc hearing, to be held oa this application on the 1st day of February,
1973:
1. 'lliat the subject premises are proper premises under the ordin-
ances of tine City of Fort Collins and tiic laws of the State of Colorado
to be licensed for the sale of liquor as applied for by the applicant.
Z. 'i;i:.lt the boundaries of the neigU)orhood to be served by this
applicant are as follows:
City limits.
3. 'Iiat the necessary notice of hearing by publication and by
posting; of the prcmiises lias beau Liven as provided by law.
4. 'ivat the applicant is qualified under the ordirauices of tine
City and tine la:os of the State for tlic iice,ise a;>plied. for.
S. That the application is in proper foam and will be beard by
the authority o;l February 1, 1:)73.
Passed alid 'adopted at a regular Imect'.iap of t.lo City Council held
this 13t1i day of January, 1973.
IMEST:
pitycleric
;Ijyor
25
January 18, 1973
Service of tpie City of Fort Caiiins; and
ivi-lE .1•AS, the administration iias revieiied the City's Compensatiol
Plan and has proposed a jivei rhploycc Pay Plan to be effective January 1,
1973; and
WOWS, such plan has boon suimdtted by the City ?,tanager and
recomended by him to Cie City Council; and
plan.
i'E REAS, the City Cowicil desires to approve such revised pay
NO{'11 T1ff.:R :TORli, BE IT RISOLVD) BY ME GATNCIL OF Trip: CITY OF FORT
COLLINS that the rmployce Pay Plan sulnnitted to the City Cowicil by the
City Atulager be, and the same hereby is approved, effective January 1, 1973.
Passed and adopted at a regular meeting of the City Council held
this 18th day of January, A.D. 1973.
,layor
ATTEST:
Ciity C cork.
Mayor Carson inquired into the actuarial studies made of the Fire and Police
Departments.
City Manager Brunton stated studies had been made, and this was the reason why
two pay plans were needed, and that it would be advantageous to have separate
rules and regulations for the Fire Department and other departments with uniquely
different work schedules, and spoke again to the Longevity, Vacations and Holidays
and Overtime pay for the Fire Department Compensation Package.
City Attorney March stated that for pension purposes, longevity would not be
included.
Councilman Fead made a motion, seconded by Councilman Preble, to approve the
revised schedule of compensation for Fire Fighters. Yeas: Councilmen Carson,
Preble and Fead. Nays: None.
26
u
18, 1973
City Manager Brunton then read at length the proposed salaries for Unclassifi:d
Service (Department Heads):
Listed below are the proposed salaries for the department heads. and other
personnel not listed in the classified service:
Name
Title
Salary
Stan Case
Director of
Utilities
$22,000.
Chuck Liquin
Director of
Public Works
18,000
Mike DiTullio
Assistant City Manager
16,000
Don Reynolds
Director of
Planning and Zoning
15,S00
Ed Yonker
Fire Chief
15,500
Ralph Smith
Police Chief
15,500
Charlie Cain
Director of
Finance
15,500
Bill Doyle
Director of
Systems and Information
15,750
Harvev Bloom
Director of
General Services
12,000
Larry Webber
Director of
the Library
12,500
H.. R. Phillips
—Director of
Parks and Recreation
-16,000
.Marlene Balok
Secretary to the City Manager .
7;200
Councilman Preble made a motion, seconded by Councilman Fead, to approve the
salaries for Department Heads as recommended. Yeas: Councilmen Carson, Preble,
and Fead. Nays: None.
Report on Rate Increase requested by Trash Haulers
City Manager Brunton stated he had received a revised request from Attorney
Maurice 0. Nelson, representing the trash haulers, but that it had not been
received in time to include with the Counci-l-packet.— Mayor Car -son therefore
requested that the letter submitted by Mr. Nelson be read in order to allow time
for Council to read the letter and for the benefit of the audience.
Attorney Nelsun read the revised request at length and it proposed the following:
Curb or Alley Front Corner Back Yard
1 can - $2.50 1 can - $3.00 1 can - $3.50
No limit - $3.00 No Limit - $3.50 No limit - Price
(grass at curb) to be negotiated
Long debate followed on possible consideration of curb line service with special
plastic or paper sacks, allowing grass clipping to be placed on curbs for pickup,
27
January 18, 1973
--- - - .-- -- _. _ A
the desirablility of having uniform accounting systems, State and National SW.
Cost of Living Index figures, and the four month billing as well as the possibility
of making a rate increase retroactive. Councilman Preble indicated a desire to
approve the rates with the right of people to appeal.
Councilman Preble made a motion, seconded by Councilman Fead, to approve the
revised rates, and instruct the Administration to draft an ordinance including
the items discussed, including the right of appeal. Yeas: Councilmen Carson,
Preble and Fead. Nays: None.
Bid awarded for a 1000 GPM Pumper with 50' Tele-Squirt Aerial
This item had been tabled on December 28, 1972.
Councilman Preble made a motion, seconded by Councilman Fead, to remove the item
from the table. Yeas: Councilmen Carson, Preble and Fead. Nays`: None.
City Manager Brunton stated this bid had been brought up several weeks ago, and
that Fire Chief Ed Yonker had made a review as requested by Councilman Lopez;
and that the City had already asked and received a 30 day extension on the bid.
Fire Chief, Ed Yonker, reviewed the items set forth in his memorandum of January
11, 1973, stating the engine and tele-squirt-operating as a team will not be -used
as an aerial ladder, that the output per man is at least doubled with the Squirt
and that the unit reached up to 50 feet, out 42 feet, and depresses 10 feet below- `
horizontal, even into basement windows. _
Chief Yonker also stated the City would receive credit for having this piece of
equipment from the Mountain States Inspection Bureau.
Councilman Fead made a motion, seconded by Councilman Preble, to accept the
recommendation and award the bid to American La France in the amount of
�$17,705.00. Yeas: Councilmen Carson, Preble and Fead. Nays: None.
Unit Development Plan for Spring Creek Manor Approved
Director of Planning, Donald Reynolds, identified the Unit Development Plan as
a corner left out of the Brody Furs rezoning. This Unit Development Plan was
approved by the Planning and Zoning Board and the utility agreement has been
signed and all conditions met.
Mayor Carson inquired into the drainage arifladvised they would be building the
development along the channel. Mayor Carson then inquired if the density was
realistic and was advised that it was.
Councilman Preble inquired into the landscaping proposed and was advised there
were tree planting proposed along Shields Street.
Councilman Preble made a motion, seconded by Councilman Fead, to approve the
Unit Development Plan for Spring Creek Manor. Yeas: Councilmen Carson, Preble,
and Fead. Nays: None.
Reports of the City Manager
City Manager Brunton stated we were having problems with the proposed fence around
the Museum. The problem was that the enclosure does not fit into the Fire Zone 1,
and therefor he would like to recommend that Block 1 be deleted from Fire zone I to
all,ow.the construction of the cyclone fence and wood enclosures proposed.
2S
January 18, 1973
City Attorney March stated he would prefer *c see the matter come up when the Fire.
Code was adopted. Mr. Brunton stat'od he did not wish to wait and preferred that
this item be given immediate attention.
Councilman Preble made a motion, seconded by Councilman Fead, to instruct the
City Attorney to draft an ordinance to delete Block one from Fire Zone One as
requested. Yeas: Councilmen_ Carson, Preble and Fead. Nays: None.
Comments or questions by members of the City Council
Councilman Fead stated there had been one person present at his "Night Watch"
Wednesday Night session, and that the item of discussion had been trash houlind.
Adjournment
i
Motion was made by Councilman Fead, seconded by Councilman Preble, that the
Council adjourn. Yeas: Councilmen Carson, Preble and Fead. Nays: None.
ATTEST:
i
City Clerk
Mayor