HomeMy WebLinkAboutMINUTES-01/25/1973-Regular�9
January 25, 1973
January 25, 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 25, 1973, at 1:30 P.M. in the Council Chambers of the City Hall.
Present: Councilmen Carson, Preble, Peterson and Fead. Absent: Councilman Lopez.
Staff members present: Brunton, DiTullio, Reynolds, Liquin, Cain, March and Lewis.
Tribute paid to President Johnson
Mayor Karl E. Carson requested all to stand for one minute of silent meditation in
tribute to President Johnson, in view of the memorial services be held today.
Proclamation proclaiming January 27, 1973, as Celebration
of Peace Day in Fort Collins
Mayor Karl E. Carson spoke in favor of the proclamation in view of the cease fire
agreement concerning the Viet Nam hostilities, and urged all citizens to attend
the Celebration of Peace Service to be conducted by the churches of the City.
P R 0 C LARIAT 1 0 N
WHEREAS, it has been announced that a cease fire agreement concerning
the Viet Nam hostilities will he signed on January 27, 1073; and
WHEREAS, the signing of such agreement and the resultant cessation
of fighting in Viet Nam is a long hoped for and awaited moment for all
Americans; and
WHEREAS, the churches of tic City have scheduled a service of prayers
and hymns to commemorate the occasion of the signing of such cease fire agree-
ment; and
WHEREAS, such Celebration of Peace Service will be a one hour inter-
denominational service open to all the p.abiic conducted at tic First United
Presbyterian Church in Fort Collins between the hours of 5:30 P.M. and 6:30
P.M. on .January 27, 1973, such time to coincide with the time of signing tic
agreement; and
WHEREAS, it is highly fitting and proper that such event be commemo-
rated in this way.
30
NOW, THEREFORE, I, i %t I, E. CAR30Pi, Mayor of the City of Fort Collins,
do hereby proclaim January 27, 1973, as Celebration of Peace Day in Fort Collins
and I do further urge all of tho citizens o..f this City to ^tterd the Celebration
of Peace Service to be conducted by the Churches of the CiC�y on such day.
Given under my hand and the seal of the City of Fort Collins this
251;h clay of January, 1973.
fayor ,
Capital Improvement Slide presentation by Designing
Tomorrow Today Committee
Mr. Richard Siever and his staff of the Designing Tomorrow Today Committee gave
a slide presentation:to be used in conjunction with the Capital Improvements proposal
on the February 20, 1973, Special Election. Mr. Siever stated there were to be a
series of about 40 coffees where this slide presentation would be viewed and that
it would b e available to other groups upon request and availability.
Mr. Siever also stated that both in the presentation and the pamphlet, the times
and costs were estimated and would iargley depend upon the availability of federal
funds and depending upon the availability of matching funds from other governmental
agencies.
In closing Mr. Siever expressed his appreciation to the University for providing
equipment and to the Core Area Redevelopment Association CORAD.who_paid for the pro-
duction of the presentation.
Minutes of Regular Meeting of January 18, 1973, Approved.
Councilman Preble made a motion, seconded by Councilman Peterson, to approve, as
published, the minutes of the regular meeting of January 18, 1973. Yeas: Councilmen
Carson, Preble, Peterson and Fead. Nays: None.
Transfer of Ownership - Best Bowl 3.2% Fermented Malt
Beverage License, Approved.
City Attorney March stated that if Council pleased, they should hear Attorney
Wilmarth's presentation; that there had been a previous 3.2 license at this establish-
ment, that the owners of the business were applying to have the .licenses transferred to
them on an eviction theory, that the license had lapsed, and that there had been
conversations with the State and that the State was willing to consider this as a
transfer on an eviction proceeding.
Attorney Wilmarth agreed basically with the comments of the City Attorney, and
stated that the licensee, Mr. Kenneth Doty, had been written a letter advising him
that he was being evicted for failure to pay the rent and other reasons and that
they were now applying for a transfer of ownership under the City ordinances.
Attorney Wilmarth added that in addition to submitting the application for transfer
with the City.Clerk, he had contacted the State officials and was advised that if
the transfer were approved by the Council, they could proceed under this premise
-31
Januaryy 25, 1973
City Attorney March reviewed the reports of the Police Department and stated he did
concur with Mr. Wilmarth and felt the Council could proceed without further hearing.
Upon further questioning from the Chairman, Mayor Carson, the City Attorney stated
that there is no transfer or.renewal, literally, under State Statutes , but that
the City had set up procedures for these cases. I
Councilman Preble made a motion, seconded by Councilman Fead, to approve the transfer
of ownership for Best Bowl, Inc. Yeas: Councilmen Carson, Preble, Peterson and Fead.
Nays: None.
Renewal Application for a 3.2% Fermented Malt Beverage License for
Gene Kapperman dba Gene's Tavern, 200 Walnut Street Approved
City Attorney March read the recommendation of the Police Department which stated no
legal basis could be found for recommending denial of the renewal application at
this time.
Councilman Peterson made a motion, seconded by Councilman Fead, to approve the
renewal application for a 3.2% Fermented Malt Beverage License for Gene's Tavern.
Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None.
Renewal Application for a 3.2% Fermented Malt Beverage License for
Southland Corporation dba Seven Eleven Store, 216 West Prospect Approved
The recommendation of the Police Department stated no legal basis could be found
for recommending denial of the renewal application at this time.
Councilman Fead made a motion, seconded by Councilman Peterson, to approve the
renewal application for a 3.2% Fermented Malt Beverage License for Seven Eleven
Store, 216 Prospect. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays:
None.
Resolution and findings Adopted for Club Liquor License
for V.F.W. Rocky Mountain Post H1781
Councilman Preble made a motion, seconded by Councilman Peterson, to adopt the
resolution and findings for the Club Liquor License for the V.F.W. Rocky Mountain
Post #1781. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None.
1'Ii•?i7"a.;:i A;,10 73-4
OF 17 :; COuiciI. OF 'ml; CITY OF FOI 1' COLLT?•IS, Cola ati)0,
Tiii L(MAL LIO_LOi: LICI`iSING Atri OU'lY CO:.';;E;2,`q*-
TdG :.1, ld'P IC..TI0:1 'r0.2 1t ;17i'I1 AM) i.T.;It.,,fcAiil LIQiai.,
LIMNSITE
7 l'c: anlll..ICatl O:1 for Mb,, ittai.n post NlunibCr 1731 of Vetcra:ls
of Forciga Wars for a Club Lif[uor .LiCo:1sc cam.1 o(1 for llearin• on the 11t11
day of .Tairaoxy, 1973, ill t le COLtiicli C:alilbcrs, City :fall, fort Collins,
Colorado, pursvxit to ;otico, ;luly givcn as required by law.
i�l'.: aLitJiO"i 7.ty, :13Vi'l(ti llCanl t.ic v''Vi(icllcc introducud .a the ilearinb,
:Alt. Oavin", introduc,'d lavi;tg Ac:,%Co�Corc hold
a prclilui:"Gtry he ai'Lng a:nd isG;uo�l findii —s 3.11 writin,? oll S;ll.d PrClhlillary hearing.
32
..:arrag, i101:' ^3 CCS the folio',.3"i
1. 71c ih:'i7libor:lood to bo served wider this application is as
WAY n l im� � y •` �- II
de �nec. in t:. :rc.._. i:h .i, fi;;.li;.,.. Of �:_ Atr�;�rity.
li
2. rAtaing c0:ltaincC in C.R.S. , 1963, Section 7S-2-39 prohibits
the issuing of a license at the prox)scd location.
3. The applicants are of hood clzractor and qualified under the
Ordinances of tin City of Fort Collins and Vic laws of the State of Colorado
for the license applied for.
4. The application is .in proper form.
s. r.videace i:'as pre.sented Ly the applicant indicating a need for
:e license applied for and no rn: 'donce i%ras :.resonted inCacating gilt said
nerd. does not exist arc'.5 tic loco! liecasing authority hereby finds tl;at
tie iza sonable ro qulro:nents of said clue require the issuan ac of the license
ap;>licd for.
6. ':I1c uailding is .-j jch trio license is to be operated is now
constructod; .OwevLr reports f':oiu t.`he City Building Inspector and tic City
Fire L 1--,,lartmoiit indicate that said bllild-zn!-,, is not now safe for habitation
and extensive rer.odel:ing and renovation i;ili be necessary and the applicant
has agreed that the Same is necessary and IiJ.S consented tliat the license
siiall not issue until tiie "building !,,is :icon Topaired and renovated to the
satisfaction of tin City i ill ling i;cPartil opt and Fire Uepar tmt it and there -
fora no license should issue until thO re]I:O[iE:.liil}?and renovation is completed
in accordance .ri1 1 the requirei:r ;a of tic city Building* Inspector and Fire
Depart nut made in eoi u-niiity with tE i2 ord i3iznccs of tale City of fort Collins.
Ri SOL.UII0,i
( )t• ii i., C(ri.i,' "TL ;.)P n,iL; f�I i"• 7F P;T„ COLLINS ; '711;�1`, ��`:
MQ11i L.ICiY PMG i,Litl i_.-tITC CMCE!Nf:iC A:,.F APPLIQA IO. v0i, A 1,0'i't.L
AA;D I illitv4';P I,IQuolz LICLi SF.
?3
January 25, 1973
c r
_.. ,
aj is .., C;q?.vi �..a. it`_ ,=J ':i.t}" Of 'Jrt l.011ll1:;. Ct 111�.;
as t_"LC local liquor liconcin- a,uthori.ty '":-tat t:e a•')plicatler': of iloc:q ;',buatain
rest :kLnDor
1781
of Vctuerans o:c :'ore -n for a Cllli)
(,.1IeluUT 1.1CeiL5C
u'e and tit@ sam^
Aureb"y` Ls granted lA acCOrdlA2ce _Ltt1 ti;o
ftaklin4gS 01 the
J,1,:thority set forth ab;Yru;
BE IT rdMIMIZ 1C�SOLVTED that 3 Lid license shall not issue 'until
tlxe building for vadch said license -was applied is remodoled and repaired
in accordance with the. requh-ez.cnts of the City Building Inspector and the
Fire Department, and ti'.0 �wthority has received a report froin said Building
Inspector and Fire Department tlat said Nprovements have been completed
in accordance with their require.m;,,nts.
ATiiST:
Passed .end ajrrpted this ?Ste day of January, A.D. 1973.
C-
z°rnan
Ordinance Adopted Annexing Horsetooth Lanes Annexation
This item had been tabled on January 11, 1973, at the request of the Administration
in order to resolve the electric Hook up costs, agreement with the developer.
Councilman Preble made a motion, seconced by Councilman Peterson, to remove this
item from the table for consideration. Yeas: Councilmen Carson, Preble, Peterson and
Fead. Nays: None.
Attorney Wilmarth stated he had received a letter from City Manager Brunton regarding
the agreement for payment of the electrical services hook up and agreed to all the
contents.
City Manager Brunton stated that the second reading of the ordinance had been tabled
due to an understanding that the differences were resolved and they did conform
entirely with verbal conversations.
Attorney Wilmarth agreed and stated he would like to withdraw their objections to
the proposed annexation going forward.
City Manager Brunton stated he hoped to avoid similar situations such as this with
the new Utility Extension Policy, and that the Administration would like to proceed
0;44
January 25, 1973
subject to Council approval to have the developer pay the cost of these additional
improvements over a period of six months with 6% interest; that in all probability it
would take Public Service Company ninety days to process the necessary papers to
disconnect the service, that the City service would be available before that, however',
the City would allow the applicant a six month period to pay the bill after the
thirty -day billing period, with 6% interest.
City Attorney March then stated the only remainigg problem was that of the Annexation
Plat. Attorney Wilmarth stated they had signed a letter agreeing to annex and had
met the conditions set forth in the agreement and felt this was not their problem.
City Manager Brunton stated he would like to see the annexation proceed and felt
the problem of the plat could be handled in-house.
Councilman Preble made a motion, seconded by Councilman Peterson, to adopt the
ordinance on second reading annexing the Horsetooth Lanes to the City of Fort Collins.
Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None.
ORDINANCE No. 102 , 19 72
BEING AN ORDINANCE ANNEXING CERTAIN TERRITORT TO THE CITY OF FORT COLLINS. COiTRAhO
WHEREAS, heretofore a written petition, together with four prints of an annexation
,map was filed with the City Clerk of the City of Fort Collins requesting the annexation
of certain territory more particularly described below to the City of Fort Collins,
Colorado; and
WHEREAS, the City Council has found and determined and does hereby find and determine
that said petition is in substantial compliance with the provisions of Colorado Revised
Statutes, 1963, s 137-21-6, as amended; and
WHEREAS, the owners of one hundred per cent of the property to be annexed have
petitioned for said annexation; and
WHEREAS, not less than one -sixth of the perimeter of the area to be annexed is con-
tiguous .with the City of Fort Collins and a community of interest exists between the
territory to be annexed and the City of Fort Collins and the territory to be annexed is
urban or will be urbanized in the near future and such territory is integrated or is
capable of being integrated with the City of Fort Collins; and
WHEREAS, none of the provisions of Colorado Revised Statutes, 1963, § 139-21-4, as
amended, are violated by the annexation of this territory to the City of Fort Collins; and
WHEREAS, no election is required under the provision of Colorado Revised Statutes,
1963, § 130-21.-6 (2), and no additional terms and conditions are to be imposed in connection
with this annexation; and
WHEREAS, the territory is eligible for annexation and the City Council desires to annex
the same to the City of Fort Collins.
NOW, THEREFORE, BE IT ORDAI`dED uY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That all of the territory more particularly described a* situate in the
County of Larimcr, State of Colorado, to -wit:
?.5
January 25, 1973
A tract of land situate in the Northeast 4 of Section 3S, To,,�nship 7 North,'
Prange 69 West of the 6th P.M., which considering the North line of the
said Northeast Q as bearing N. S9049140" W. and with all bearings contained
herein relative thereto is contained within the boundary lines xhich begin
at a point on the North line of tho said northeast '-s which bears N. 59049'
40" W. S93.14 feet from the Northeast corner of said Section 3S and run
thence S. 01004' W. 320.00 feet; thence N. 89049140" W. 300.00 feet; thence
N. 01004' L. 320.00 feet; thence S. 89049140" U. 300.00 feet to the point of
beginning, containing 2.2 acres more or less and being subject to a 30.00
foot road right-of-way over the Northerly portion thereof for Horsetooth
Road.
be and it hereby is annexed to the City of Fort Collins and made a part of said City, to
be known as the Horsetooth Lanes Annexation to the City of Port Collins.
Section 2. That in annexing said territory to the City of Port Collins, the City of
Fort Collins does not assume any obligations respecting the construction of water 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 ordinances
of the City of Port Collins.
Introduced, considered favorably on first reading, and ordered published this 21st
day of December, A.D. 1972 , and to be presented for final passage ol„ the ME day of
January, A.D. 1973.
;JJZ-� 144
s lays r
ATTEST:
City Clerk
Passed and adopted on final reading this 25th day of January, A.D. 1973.
/r
slayer
ATTEST:
i
City clergy:
Presented:
December
21,
1972
(Vote Yeas: S Nays: 0)
Passed:
January
25,
1973
(Vote Yeas: 4 Nays: 0)
Published
December
26,
1972
and .January 30, 1973
Attest:
06
January 25,,_1
Ordinance adopted annexing the South Mesa Second
Annexation to the City of Fort Collins
i
This ordinance had been tabled on January 11, 1973, pending disposition of the
ordinance annexing Horsetooth Lanes Annexation to permit contiguity.
Councilman Peterson made a motion, seconded by Councilman Fead, to remove this item
from the table for consideration. Yeas: Councilmen Carson, Preble, Peterson and Foal
Nays: None.
Councilman Fead made a motion to adopt Ordinance No. 103, 1972, annexing South Mesa
Second Annexation to the City of Fort Collins. Yeas: Councilmen Carson, Preble,
Peterson and Fead. Nays: None.
ORDINANCE No. 103, 1972,
BEING AN ORDINANCE ANNEXING CERTAIN TFRRtTORY TO 'I'Illi CITY OF FORT COLLINS, COLORADO
WHEREAS, heretofore a written petition, together with four prints of an annexation
map was filed with the City Clerk of the City of Fort Collins requesting the annexation
of certain territory more particularly described below to the City of Fort Collins,
Colorado; and
WHEREAS, the City Council has found and determined and does hereby find and determine
that said petition is in substantial compliance with the provisions of Colorado Revised
Statutes, 1963, s 137.21-6, as amended; and
WHEREAS, the owners of one hundred per cent of the property to be annexed have
petitioned for said annexation; and
WHEREAS, not less than one -sixth of the perimeter of the area to be annexed is con-
tiguous with the City of Fort Collins and a community of interest exists between the
territory to be annexed and the City of Fort Collins and the territory to be annexed is
urban or will be urbanized in the near future and such territory is integrated or is
capable of being integrated with the City of Fort Collins; and
WHEREAS, none of the provisions of Colorado Revised Statutes, 1963, § 139-21-4, as
amended, are violated by the annexation of this territory to the City of Fort Collins; and
WdEREAS, no election is required under the provision of Colorado Revised Statutes,
1963, § 139-21-6 (2), and no additional terms and conditions are to be imposed in connection
with this annexation; and
. WHEREAS, the territory is eligible for annexation and the City Council desires to annex
the same to fhe City of Fort Collins.
NO'W, TiiLPFFORE, BE IT ORDAINED SY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That all of the territory more particularly described as situate in the
County of Larimcr, State of Colorado, to -wit:
Lots 20, 21 and the Westerly 120 feet of Lot 22 in the South Mesa Subdivi-
sion and the North !2 of I-lorsetooth Road lying south of Lots 20 and 21, all
being more particularly described as follows: Begin at a point on the South
line of the Southeast I of Section 26, To,.hnshi.p 7 North, Rangc 69 Nest of
37
January 25.,_197.3
the Sixth pji., wich bears N. 890S4' W. 643.02 feet from tho Southeast
corner of: said Section 26, and rwi thence N. 00°05, W. 230.00 feet; thence
N, SON' W. 76.13 feet; thence N. 000S4' E. 106.01 feet; thence S. 890SS'
W. 120.00 feet; thence S. 00054' W. 53S.66 feet to the South line of the South-
east J of said Section 26; thence along said South line, S. 890S4' E. 200.11
feet to the point of beginning, containing WAS acres, imore or less.
be and it hereby is annexed to the City of Fort Collins and made aipart of said City, to
be known as the South Mesa Second Annexation to the City of Fort Collins.
Section 2. That in annexing said territory to the
Fort Collins does not assume any obligations respecting
sewer lines, gas mains, electric service lines, streets
in connection with the territory hereby annexed except
of the City of Fort Collins.
Introduced, considered favorably on first reading,
day of December, A.D. 1972 and to be presented for
January, A.D. 1973.
Mayor
ATTEST:
City Clerk
i
City of Fort Collins, the City of
the construction of water mains,
or any other services or utilities
as may be provided by the ordinances
and ordered published this 21st
final passage on the 25th day of
Passed and adopted on final reading this 25thday of January, A.D. 1973.
Mayor
ATTEST:
City Clerk
Presented:
December 21,
1972
('vote Yeas 5,
Nays 0)
Passed:
January 25,
1973
(Vote Yeas:4,
Nays 0)
Published:
December 26,
1972
and January 30, 1973.
Attest:
City Clerk
Ordinance adopted on First Reading Annexing
Collindale First Annexation
I
IS
Councilman Fead made a motion, seconded by Councilman Preble, to adopt the ordinance
annexing Collindale First Annexation to the City of Fort Collins on first reading.
Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None.
Resolution adopted giving notice of hearing and
proposed zoning of Collindale First Annexation
Councilman Preble made a motion, seconded by Councilman Peterson, to adopt the
resolution giving notice of hearing on the proposed zoning in the RLP, Low Density
Planned Residential District for the Collindale First Annexation. Yeas: Councilmen
Carson, Preble, Peterson and Fead. Nays: None.
.ESOLUTIO`I 73-5
OF THE COUNCIL OF TILE CITY OF FORT COLLINS GIVING NOTICE
CONCERNING A PROPOSED ORDINANCE t vnNDING CHAPTER 19 OF THE
CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO,
1953, AS NIENDED, COje,iO,\LY 1GNO1,vN AS THE ZONING ORDIiNANCE,
IN ORDER TO CLASSIFY FOR ZONING PURPOSES CERTAIN PROPERTY
BEING ANNEX D TO TI- CITY OF FORT COLLINS
iv}EEAS, heretofore the City Council of the City of Fort Collins
initiated annexation procedures for certain property known as the Collindale
First Annexation to the City of Fort Collins more particularly described
in the "Notice of Public Hearing" attached hereto; and
P%MREAS, 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
I%KE.RPAS, 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 February 15, 1973, at 7-:30 P.M., or as soon thereafter as
the matter may come on for hearing, 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
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed
to publish a notice of said hearing as provided in Section 19-46 of the
January 25, 1973
Code of Ordinances of the City of Fort Collins, Colorado, 1955, as amended,
in the form attached hereto.
Passed and adopted at a regular meeting of the City Council held
this 25th day of January, 1973.
ATTEST:
/s/ Verna Lewis
ity Clerk
s/ Karl E. Carson
Ordinance adopting Fire Code Tabled
City Attorney March gave the'foilowing review of the Proposed Fire Code, with City
Manager Brunton and Fire Chief Yonker also adding remarks.
Some time ago, the Fire Department requested that the City take a look at a Fire
Code which was adopted in California, at that time a Fire Code Review Board was
appointed whose basic procedure was to divide the Code into sections and report
back, with some areas reviewed by the committee as a whole. From those recommendations
the City Attorney drew up the proposed ordinance adopting a Fire Prevention Code.
The City Attorney did point out that the Council did not have copies of the Code
used by the Fire Review Board and that until such time as the Council did have these
copies, it would not be possible to make a decision on the proposed ordinance. City
Manager Brunton and Fire Chief Yonker stated the City had ordered a limited number
of copies and that they would be obtained from the memhars of the Fire Review Board.
for the Council perusal.
City Attorney March also stated the City of. Fort Collins had formerly worked under
the Code of the National Fire Protection Association, that it had been less workable
because it was not compatible with the Building Inspection Department regulation and
because of the overly general language not being specific enough. In the proposed
ordinance, he had included tw-c changes, one, pulling out. most of the licensing
provisions and adding the provision to rely more on inspections, then going into
municipal court for specific violations. The Fire Review Board had also pulled out
references to other codes, which if included, would necessitate adopting those codes
also, and did include the standards of the National Fire Protection Association
which should be on file in the Clerk's office for review, if Council desired to
adopt the code.
City Manager Brunton stated we should have the code on hand for review, and that the
Fire Chief had made some good points by stating the purpose was a closer liason
between the Fire Department and the Building Inspection Office, providing one single
policy for all inspection.
Councilman Peterson made a motion, seconded by Councilman Preble, to lay this item
on the table until some future date. Yeas: Councilmen Carson, Preble, Peterson and
Fead. Nays: None.
40
2S, 1973
Ordinance adopted on First Reading Removing
Block No. 142 from Fire Zone 1
City Manager Brunton stated this was something Council had tallied about last week and
the idea from the Fire Department on correlating the zoning ordinance with the
various fire districts, to be discussed later on the agenda, but that it needed a
great deal of input from the builders and developers because we would be placing
higher requirements on high density uses of property, that this was a step in that
direction. Mr. Brunton added that last week when the City Attorney stated it was
ready, he was correct, however, the building profession was not ready for the
question, and right now, the Administration was just asking for the one block in.
order to get the fence built at the museum.
Councilman Preble made a motion, seconded by Councilman Fead, to adopt Ordinance No.
13, 1973, removing Block No. 142 from Fire Zone 1, on first reading. Yeas: Council-
men Carson, Preble, Peterson and Fead. Nays: None.
Ordinance adopted on First Reading relating
to the Offense of Intoxication
City Attorney March stated the Courts had declared the previous intoxication
ordinance unconstitutional, therefore the need for this new ordinance.
City Manager Brunton stated the Law Enforcement Officers were having problems with
this because of the wording of the old ordinance.
Councilman Fead made a motion, seconded by Councilman Preble, to adopt Ordinance No.
14, 1973, on first reading. Yeas: Councilmen Carson, Preble, Peterson and Fead.
Nays: None.
Resolution Adopted regading City Council Expenses
Councilman Preble made a motion, seconded by Councilman Peterson, to adopt the
resolution regarding City Council expenses. Yeas: Councilmen Carson, Preble,
Peterson and Fead. Nays: None.
YM 73-7
OF THE COUNCIL OF THE CITY 07 :101T COL'_IMS ESTAKISHINI A POLICY
REGARDIAG CITY COUNCIL EXPENSES is CONNECTION !•WITH COi9VEITIONS AND
OTHER TRAVEL COANECTED .WITH CITY SUSIJESS
WHEREAS, heretofore the City Council astabli3hyd a policy that Me expenses
of a spouse of a council member in awnding minicipal conventions or other city
travel QX',.lr its 0s, would J. reimbursed ..sed by 00 City; and
WHEREAS hereLofore on January 13, 1973, a motion was duly passed by the
City Council to change such policy; and
WHEREAS, the City Council desires to sCt forth by Nritten Resolution the
policy of the City Culocil as to future expenses of this nature.
:OW, THEREFORE, SZ IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Januar_y_25.,_I R0
il
::CC C'I Oil i. H0i^c?uT �cr, the city wail raimburse council mem•`Ors in conacctloll
:'1h h their attendance at city conventions Or for travel for any other purposo on
city bu"ness, only to the extent Of the OxPenses Of the council member, and such
reimbursement shall not extend to the expenses of a snouse of a council member.
i
Section 2. Such reifmbursemant for council member expAses shall incl'udo
i
travel expenses to and from the size of the convention or other city business, and
lodging and meals during the time of the convention or other city business, and
any other expenses reasonably incurred by the council member and associated ;ijl
the convention or other city business in question.
Section 3. Such reimbursement shall not include reimbursems, for any
Personal expenses not connected with city business.
Passed and adopted at a regular meeting of the City Council held this 25th
day of January, A.O. 1973.
ATTEST:
:; ;nor
Resolution adopted Appointing G. C. Mabry as Ex-Officio member to the
Planning and Zoning Board
City Manager Brunton stated he had rec&ved a letter from Superintendent of
Schools, Dan L. Webber, stating that at the Administration's request, he would like
to appoint Mr. G. C. (Chuck) Mabry as Poudre R-1's representative to the Planning and
Zoning Board.
Mayor Carson stated he would like for the record to reflect the Council's acknowledge-
ment of Poudre R-1's appointment. Mr. Brunton also added on future annexations,
zonings and rezonings, the City would have input from the Schools.
Councilman Fead stated he felt this was very important.
Councilman Peterson made a motion, seconded by Councilman Preble, to adopt ution appointing a representative to attend meetings of the Planning and the resol-
Zoning Board.
Yeas: Councilmen Carson, Preble, Petorson and F'ead. Nays: None.
RESOLUTION 73-6
OF THE COUNCIL OF THE. CITY OF FORT COLLINS REQUESTING THAT THE SCHOOL
DISTRICT APPOINT A REPRESENTATIVE TO ATTEND MEETINGS OF THE PLANNING
AND ZONING BOARD OF THE CITY OF FORT COLLINS IN ORDER TO PROVIDE
COORDINATION BETWEEN THE SCHOOL BOARD AND THE CITY AND MATTERS EFFECT-
ING BOTH BODIES
WHEREAS, in the past, concerns have been expressed to the City Council that
actions of the City in the zoning of property may interfere with, or not corres-
pond with, the planning of Poudre School District R-I; and
I
-2
WHEREAS, it has been suggested to the City Council that a representative
from the school district attend the meetings of the City Planning and Zoning Board;
and
WHEREAS, the administration of Poudre School District R-;I and the board of
I
such school district have been contacted and have indicated that they would desig-
nate a representative from the district to attend meetings of the City Planning
and Zoning Board.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. The City of Fort Collins hereby requests that Poudre School
District R-I designate a representative from the school district to attend meet-
ings of the City of Fort Collins Planning and Zoning Board.
Section 2. Such designated representative shall sit with the City Planning
and Zoning Board at all meetings and shall be considered an ex officio non -voting
member of such Board.
Passed and adopted at a regular meeting of the City Council held this 25th
day of January, A.D. 1973.
ATTEST:
City Clerk
r
Mayor
Bids awarded for 1S0 Galvanized Streetlight Poles
Mayor Carson inquired why only two manufactures have been approved as sources of
supply.
Director of Utilities Stan Case, reported other manufactures have been removed from
the list for fatigue due to wind in Denver and Wyoming.
City Manager Brunton stated the bid process was very elaborate, that the Administra-
tion does not like sole source bids, and that shortly the Administration would be
looking to the Council for guidance on the bidding procedure - purchasing going on
computers, reasons for taking bidders off the list and the Administrators wish to buy
quality materials at the best price. In the mean time the delivery date was
important and low bid was recommended.
43
Councilman Preble made a motion, seconded by Councilman Fead, to accept the recom-
mendation and award the bid to Union Manufacturing Company in the amount of
$14,325.00. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None.
Bid awarded for 1973 Transformer requirement
for Light and Power Department
Director of Utilities, Stan Case, stated that they were having a problem with
bidders taking exception to paint colors specified and guaranteeing a firm delivery
date. The question of color came about when citizen complaints were received with
regard to the O.D. Army Green color, and the City had gone to a mist green color
for the sake of aesthetics; the delivery dates had started at from 8 to 10 weeks,
they were now to 30 weeks, and Light and Power has a . new letter indicating a 56
week delivery date; therefore, to delay awarding the bid would mean going into 1974
without poles.
for
Councilman Peterson inquired if the City could provide/painting poles and was
advised that the City has no facilities for baking on enemel paint, that it was a
matter of accepting the bid or rejecting and starting over, and that it would be
more costly on a custom basis.
Councilman Fead made a motion, seconded by Councilman Peterson, to award the bid as
recommended, in the amount of $1,061.00 to Allis Chalmers, and $108,700.00 to
RTE Corporation. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None.
Discussion of Correlation of Fire Zones establishing
Fire Districts
City Manager Robert Brunton stated this was a matter to be worked out between Planning
and Fire Zones, that the Administration would like unofficial authorization to
discuss this matter with the contractors as it involved possible higher costs in
construction.
Fire Chief Ed Yonker stated the main concern was in safety.
Mayor Carson inquired if this would help our rating and also if these restrictions
would apply to Mobile Homes. City Manager Brunton stated "yes" this would help
our rating and "no"it did not apply to mobiles, however, when codes are made more
restrictive, you are accused of putting on higher costs and all that is desired is
to provide a reasonable degree of safety. Chief Yonker also added that under the
present system, a review was made every 5 years and he felt this was an excessive
period of review.
City Manager Brunton stated a meeting had been held with the Contractors and that
two committees had been formed. One was an inspection review committee and the other
to discuss fees and charges, including the Parkland fee.
Mayor Carson stated, unless he heard otherwise, the Administration would pursue the
matter in the manner suggested and report back. No objections were stated by Council
members.
Council Policy on Frontage Roads Reaffirmed
City Manager Brunton suggested a brief statement from Director of Planning Don
Reynolds, on construction standards for Highway 287, south of the City Limits.
Mr. Reynolds stated the State Highway Department was planning widening of Highway
287 south of the Horsetooth Road, that this had been first discussed last fall, at
which time the Highway Department had requested a recommendation on opinion from
the County Planning Staff as regards to medians in this area. The recommendation
::
that was made was for a raised median with three openings to (1) have consistant
standards, and (2) provide higher design standards for the Highway and increase
frontage roads. At that time the County Subdivision regulations had no requirement
for frontage roads, and dedication for frontage road was on a voluntary basis on the
part of property owners. Therefore, the request was that pastipractice be continued
and the frontage road policy of the Council be reaffirmed, in spite of the requests
for a painted median to allow left turn lanes.
City Manager Brunton stated the frontage road requirement had been endorsed by the
Planning and Zoning Board in 196S in connection with Bartel's First Annexation and
again requested Council's reaffirmation of the frontage road policy to provide (1)
better cooperation between the City and the County, (2) resist strip zoning of
Highway 287, and (3) support the County's position.
Mayor Carson stated he felt the Council's policy in regards to frontage roads r'as firmly
established, that he recalled viewing the site in question and felt it absolutely
essential that this be understood.
Mr. Frank McConnell, 2517 Stanford, spoke to the question of safety and the practice
of U-turns. City Manager Brunton stated this was a valid point and added the possible
signing of U-turn signs/to the attention of the State Highway Department.
should be brought
Councilman Fead made a motion, seconded by Councilman Preble, to reaffirm the Council's
policy and to support the County's policy on construction standards on frontage roads.
Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None.
Ordinance adopted on First Reading Setting
Rates for Trash Haulers
Attorney Maurice Nelson, representing the Trach Haulers, stated since the last
meeting on rates, there had been some differences of opinion among the trash haulers,
and provided some additional language as follows:
A. Alley pick up.
(1) No more than one (1) container per week,$2.50
(2) Up to four containers per week, $3.00
(3) A charge of 20 cents for each additional container.
B. Front yard pick up (lawn clippings at the curb in plastic bags).
(1) No more than one (1) container per week, $3.00
(2) Up to four (4) containers per week, $3.50
(3) A charge of 20 cents for each additional container.
It was contemplated that arrangements would be made for Senior Citizens on an indivi-
dual basis. Discussion was also held on a system for the City to handle customer
complaints.
Further discussion centered around a limit in the number of cans and curb pickup
for grass clippings. Mayor Carson stated if the above was allowed, $3.50 was unrealis-
tic and recommended a $3.00 overall rate. Discussion also included the responsibility
of the trash haulers to enforce the kinds of containers used.
City Manager Brunton stated the haulers wanted to keep the higher rates and add two
more things and that this was no longer negotiations.
II
45
Councilman Preble made a motion, seconded by Councilman Fead, to set the rates
from one to three cans at $3.00; additional cans at $.25 cents each; that grass
clipping and leaves be put on t'e curb on the day of pickup; that Senior Citizens
who qualify for the City's property tax rebate program, can negotiate with haulers for
a special rate for trash and that the City institute a system to handle customer
complaints. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None.
Consideration of Revised Council Agenda and
Procedures
City Manager Brunton read from a prepared report submitted to the Council prior to
the meeting, in which he recommended biweekly meetings with work sessions in between,
allow 30 minutes at the beginning of meetings for citizen participation and suggested
that controversial matters of general interest be placed at the fore part of the
agenda to allow sufficient time for discussion, and getting material to Council more
in advance of meetings.
Councilman Carson and Preble spoke in favor of the recommendation in regard to work
sessions, the need for policy making decision time and the desire to have materials
in advance.
No formal action was taken, however, the item will be reviewed again at the
February 1, 1973 meeting and possible changes in the agenda format instituted immediately.
Consideration. of Noise Ordinance
Jack A. Willeford, Ph. D., Director of Division of Audiology, and William E. Lentz,
Ph.D., Director, Hearing Clinics of Colorado State University, appeared at the invitation
of the City Manager, to give the rational behind the proposed ordinance they had
jointly submitted for Council consideration.
Items of discussion included Motor Bikes, snow mobiles, studded snow tires, original
equipment, legislation at local state and national levels and the question of funding
for and enforcement of this kind of ordinance.
While Council took no formal action on this ordinance, it will continue to be of
concern and will be reviewed again as budgets are prepared.
Ordinance Authorized Adopting
Housing Code
City Manager Brunton started discussion on the Housing Code, by stating he would like
to see this item tabled until guidelines have been established under the conditions
to be met by the Code.
Mr. Brunton added that for the majority of homes, a selling program and education, rather
than enforcement, would be the practice. He also requested Council take consideration
of the effect the housing code would have on Andersonville and Alta Vista, and that
it was the intent to work with the public rather than against them.
Since no guidlines have been worked our, Mr. Brunton said enforcement would largely
be based on a complaint system and enforcement would be directed to buildings which
pose serious health, structural and fire hazards. Mr. Brunton also stated public
meetings on the code would be held within the next few weeks.
Councilman Preble made a motion, seconded by Councilman Peterson, to instruct the
City Attorney to draft an ordinance adopting the Housing Code by reference, and
setting provisions for enforcement at such time as local rules and regulations were
adopted. Yeas: Councilmen Carson, Preble, and Peterson._ Nays: None. Councilman
Fead abstained.
Councilman Fead stated he felt Counc:i.l was moving to swiftly on the Housing Code and
that the City Manager had stated that probably 100 per cent of the homes in Fort
Collins would violate some part of the Code and that definite guidelines on a modified
enforcement policy should be delineated bi foi`d CrhdLil flroq bsds.
46
Ordinance Adopted on First Reading Changing Compensation
Board of Elections
City Manager Brunton explained the purpose of the Ordinance wa's to make the com-
pensation for the Board of Election compatible with Larimer County.
Councilman Peterson made a motion, seconded by Councilman Preble to adopt Ordinance
No. 16, 1973, changing the compensation for the Board of Elections from $2.00 per
hour to $2.65 per hour. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays:
None.
Acknowledgementof receipt of Report on
Actuarial Valuation of Policemen's
and Fire Pension Funds
City Manager Brunton stated these. were received on dates other than those shown on
the reports the Fire Pension Report on June 1, 1972, and the Police Pension fund
on July 1, 1972, and that he would like acknowledgement.of receipt of the reports.
He also stated prior to the next budget, Mr. Cain and he would like to discuss the
three pension funds.
Mayor Carson stated for the record, these were officially received.
Report of the City Manager
City Manager Brunton stated there would be a public meeting with the State Highway
Department on Monday, January 29, 1973.
Mr. Brunton also stated an informal. public meeting on street lighting will be held
soon. The City has received a petition to remove a street light, also we should
decide the City's goals on lighting as some citizens have requested more lighting.
Adjournment
Councilman Preble made a motion, seconded by Councilman Fead, that the Council adjourn.
Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None.
ATTEST:
City Clerk
Ltd
M—qyor