HomeMy WebLinkAboutMINUTES-02/15/1973-Regular71_
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February l.5 , 1973
COUNCIL OF TIE CITY OF FORT COLLINS, COLORUG
Council. -Manager Form of Governunent
Regular Meeting
1973
A regular meeting of thi Council of the City of Fort Collins, Colorado, was held
on Thursday, February 15, 1973, at 7:30 P.M. in the Council Chai.ibers of the City
Hall. Mayor Carson called the meeting to order; there were present CouncilmP^
Carson, Lopez, Preble, Peterson and Fead. Absent: None.
Staff members present: Brunton, Ui.Tullio, Liquin, Cain, March and Lewis.
Members of Council express views on Ballot proposals
Special Election
Mayor Carson stated a portion of the citizen participation time allotted would
be taken up for conmients from members of the Council relating to their views on
the ballot proposals to be considered at the Special Election of February 20th.
Mayor Carson read at length the following statement:
Once again I would like to assure the citizens of Fort Collins of the.
connittment that your elected representatives have made to the sever: year
Capital Improvement Pro„rtim as presented to us by Designing Tomocrrow Today
In order to assure its completion, we passed an ordinance establishing
recommended items as the master plan on January 4 and on that same date
passed a resolution setting forth additional implementing procedbresC
If approved by the.citizenry this program will be developed within .
the seven year period. The revenue will be placed in a separate Capital
Improvement fund and will be restricted for this purpose.
I am pleased to have received a list of citizen broups who have endorsed
this Capital Improvement Program. These groups include:
City Museum Board
Fort Collins Public Library Board
Parks & Recreation Advisory Board
Fort Collins Coordinating Commission for. Senior Citizens
Fort Collins Area Chamber of Commerce
Fort Collins Junior Chamber of Commerce
Poudre Valley Greenbelt
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February 15, 1973
LU, 17/J.
Councilman Lopez stated }re favored all of the issues. Speaking twice to the
item of a proposed salary increase for Council members, Mr. Lopez stated he could
now accept the report of the Charter Review Committee on thoir recommendation on
this subject. Further, he felt that Council should include Blue Collar workers,
housewives and perhaps a carpenter.
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Mr. Lopez stated he did not feel that the proposed salary would mean scholarship
for students at the University, but again stressed the costs involved in meals,
gasoline, publications and the like, to effectively function as a Councilman.
Councilman Fead stated he supported the Capital Improvements program; he had no
strong feelings relative to the enlargement of the number of Councilman; he
stated the editorial in the Coloradoan relative to salaries, expressed his
views also; on the eligibility requirements, Councilman Fead stated he had
worked with the students on this proposal and was in favor of the proposal; on the
repeal of the dog ordinance; Councilman Fead stated he favored this proposal
and felt that if the proposed replacement ordinance were not workable, the Council
could at least have the capability of making changes not nosy possible with the
People's Ordinance.
Councilm�iFeters.. stated he, too favored all of the issues, adding there had
been a lot of meetings held and a lot of input on the Capital Improvements
program and that he. certainly hoped people would get out and support the pro-
posals.
Announcement made of "Exceptional Service Award"
Received by City Manager Brunton
Unbeknown to Mr. Brunton, Mayor Carson read at length a letter received by Life
City Manager from the Office of Economic.Opportunity,expressing appreciation
for his concern for the problems of the poor, timely and constructive advice
to the age;,c;Y, and the presentation of the Exceptional Service Award.
City Manager Brunton stated it had been a very effective Committee and that
he had served four.years with them and with the Federal Governments new policy
on the dissolution of these kinds of agencies, local governments must become
more responsive to these needs.
Mayor Carson echoed these sentiments and added local governmerts must face these
issues.
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EEbruar_y =1.5.,_1.9.73
Plat of'Prospect Greens' Subdivision First
Filing Tabled one week
City Manager Brunton stated the Conceptual - Review Committee had held its first
meeting during the week and one of the items discussed relative to this sub-
division was storm drainage problems. The 80 foot drainage requirement and the
.street dedication ,,,,ere discussed at. the Planning and Zoning Board. Therefore,
Mr. Brunton requested that this item be tabled for one week to allow further
review of the matter. I
Councilman Preble made a motion, seconded by Councilman Lopez, to table this
item one week. Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nays:
None.
Plat of Service Center First Subdivision Approved.
Director of Planning Donald Reynolds stated this subdivision was located south
of the present Service Center and that it was a one lot subdivision.
Councilman Lopez made a motion, seconded by Councilman Preble, to approve the
Plat of the Service Center First Filing. Yeas: Councilmen Carson, Lopez, Preble,
Peterson and Fead. Nays: None.
Guard Third Annexation Petition Tabled One Week
A request that the petition for annexation and zoning of the parcel of land known
as the Guard Third Annexation be withdrawn had been received in the office of the
City Clerk and included with the agenda to Council members. However, City Manager
Brunton stated he had met with the developer of the area in the afternoon and
he had requested that the item be tabled one week, as the attorneys for the
developer and the owner were still attempting to decide how to proceed.
Mayon Carson inquired if Mrs. Guard had any objections to having the matter
tabled for one week. Mrs. Guard responded "No".
Councilman Fead made a motion, seconded by Councilman Preble, to table the request
for one week. Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nays:
None.
Nelson First Annexation Petition referred to the
City Attorney
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Director of Planning, Donald Reynolds, stated this annexation.did close off the
City boundary on the south. In response to an inquiry from Councilman Lopez,
City Manager Brunton stated tho conceptual review committee would be considering
this annexation in terms of a long range planning.
Councilman Lopez made a motion, seconded by Councilman.Peterson, to refer the
petition to the City Attorney for ordinance preparation. Yeas: Councilmen Carson,
Lopez, Preble, Peterson and Fead. Nays: None.
ORDINANCE NG. 1'_, 1973
BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS T!m COLLINDA,E
FIRST ANNEXATIC1"'0 THE CITY OF FORT COLLINS
74
M-EE 2FNS, heretofore, a written petition, together with four prints.
of an annexation map'nvas filed with the City Clerk of the City of Fort
Collins requesting the annexation of certain territory more narticularl.,
described below to the City, and
MERFAS, the City Council has found and determined and does hereby
find and deterndne that said petition is in substantial compli mce with
the provisions of Colorado Revised Statutes, 1963, Section 137-21-6 as
amended, and
I'EEREAS, the City of Fort Collins is the sole owner of the pro-
perty to be annexed and said property is not solely a public street or
right-of-way, and
A'EREAS, not less than one -sixth (1/6th) of the perimeter of the
area to be annexed is contiguous with the City of Fort Collins and a com-
munity 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 id-th the City of Fort Collins, and
11'HEREAS, none of the provisions of Colorado Revised Statutes,.
1963, Section 139-21-4, as amended, are violated by the annexation of
this territory to the City, and
1%7EIMM, no election is requiiad Wlucr the provisions of Colorado
Revised Statutes, 1963, Section 139-21-6(2), as amended, and no additional
terms and conditions are to be imposed in connection with this annexation,
and
UEEREAS, the territory is eligible for annexation and the City
Council desires io annex ti:a ssme to the City of Fort Collins.
COLLINS:
NOW, THERL'FORE, 13E IT ORDAINED BY THE COUNCIL OF 711E CITY OF FORT
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Section 1. That all of the territory more particularly described
as situate in the County of Larimer, State of Colorado, to -wit:
Considering the North line of Section 31, Townshig 7 North,
Range 68 West of the 6th P.M. as bearing North 89 57' East
and with all bearings contained herein relative thereto begin
at the NVJ corner of said Section 31, then South 78014125" East
2400.00 feet, thence South 780L4'25" Nest 2400.00 feet to a
point on the boundary of the Warren Shores First Annexation
to the City of Fort Collins, Colorado, thence North 00°00100"
East along said annexation boundary 978.30 feet to the point
of beginning .
be and it hereby is annexed to the City of Fort Collins and made a part
of said City to be known as the Collindale First Annexation to the City of
Fort Collins.
Section 2. That in annexing said territory to the City of Fort
Collins, the City does not assume any obligation respecting the construc-
tion 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'oridinances of the City.of Fort
Collins.
Introduced, considered favorably on first reading, and ordered
published this 25th day of January, A.D. 1973, and to be presented for final passage
on the 15th day of February, A. D. 1973.
/s/ Karl E. Casson
Mayor.
ATTEST:
/s/ Verna Lewis
City Clerk:
Passed and adopted on final reading this 1Sth day of February, A. D. 1973.
/s/ Karl E. Carson
Mayor
ATTEST:
/s/ Verna Lewis _
City Clerk
Presented:
January
2S,
1973
(Vote:
Yeas: S;
Nays: 0)
Passed:
February
1'.
1973
Note:
Yeas: 5;
Nays: 0)
Published:
January
3v,
1973 and
February
20, 1973..
Attest;
"rty Clerk
I.
76
Eebruary 1S__197.3 _
made a motion
Councilman Preble,/seconded by Councilman Peterson, to adopt Ordinance No. 11, 1973.
Yeas: Councilmen Carson, Lopez, Preble, Petec.�o,-, and Fead. Nays: None.
ORDINANCE NO. 13,1973
BEING AN ORDINANCE APENDING SECTION 38-6 OF THE CODE
OF THE CITY OF FORT COLLINS RELATING TO FIRE ZONES
BE IT ORDAINED BY THE COUNCIL OF THE CITY Cr FORT COLLINS that Section
38-6 of the Code of the City of Fort Collins and the map adopted thereby be,
and the same hereby are amended by changing Block 142 in the City of Fort Col-
lins from Fire Zone 1 to Fire Zone 3.
Introduced, considered favorably on first reading, and ordered publishes
this 2Sth day of January, A.D. 1973, and to be presented for final passage on the
lSth day of February, A.D. 1973.
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ATTEST:
/s/ Verna Lewis
City Clerk
1973
ATTEST:
n:,aypr-T
Passed and adopted on final reading this 15th day of February, A.D.
/s/ Verna Lewis '
City Clerk
Presented: January 25, 1973
Passed: February 1S, 1973
Published: January 30, 1973 and
Attest:
City Clerk
Mayor
Rote: Yeas: S; Nays: 0)
(Vots: Yeas: S; Nays: 0)
February 20, 1973.
Councilman Fead made a motion, seconded by Councilman Lopez, that Ordinance No.
13, 1973, be adopted. Yeas: Councilmen Carson, Lopez, Preble, Peterson and
Fead. Nays: None.
717
In support of the new proposal, Attorney Nelson stated the haulers had been hard
hit by the sharp increase in gasoline prices.
Councilman Peterson stated, as a businessman, he was aware of the ever increasing
expene.s involved in operating a business, and supported the new proposal.
Mayor Carson inquired into the four can limit, adding it was difficult for the
Council, sitting as a Quasi-PUC, to make decisions with the various methods of
accounting.
Attorney Nelson stated that if Council would approve the proposed rate below,
Curb or Alleys Front Corner of House Back Yard
1 - can $2.75 $2.7S Negotiated
4 - cans 3.25 3.25 Negotiated
* For front corner service grass clippings shall be in plastic bags at the curb
or alley.
** Extra containers in all cases shall be at the rate of twenty-five cents per
container.
** Special arrangements available for senior citizens.
and prepare some guidlines, the haulers would attept to institute uniform
accounting methods.
Councilman Lopez stated he concurred with Councilman Peterson, and was in favor
of the amended proposal.
Councilman Fend stated "every time we reach an agreement, we come back with a
counter-agre^went", adding he would like to instruct the City Administration to
pursue this matter arLu go ahead with the revision.
City Attorney March advised the Council that this matter was outside of our
amendment to the proposed ordinance, and felt it would be better not to pass the
ordinance with these amendments.
Councilman Lopez made a motion, seconded by Councilman Peterson, to deny the
ordinance and instruct the City Attorney to draft a new ordinance. Yeas:
Councilmen Carson, Lopez, Preble, Peterson and Fead. Nays: None.
ORDINANCE NO. 16, 1973,
BEING All ORDINANCE ANENDIidG SECTIOi`! 9-4 OF THE CODE OF THE CITY OF
FORT COLLINS RELATING TO COMPENSATION PAID TO 14EMBERS OF THE BOARD
OF ELECTION,B.
BE IT ORDAINED BY THE C06iiCIL OF THE CITY OF FORT COLLINS that Section 9-4 .
of the Code of the City of Fort Collins be, and the same hereby is, amended by
deleting therefrom the following words and figures, to-v41t: "Two Dollars ($2.)"
and by substituting therefor the following: "Two Dollars and Sixty-five Cents,
($2.65)"
Introduced, considered favorably on first reading, and ordered published .
this 25th day of January, A.C. 197;,.and to be.presented for final passage on the
15th day of February, A.D. 1973.
7a
February_15.,_19.73
1-�-
mayor
ATTEST:
'1Z� L<v_
City Clerk
Passed and adopted on final reading this 15th day of February, A.D. '1973.
ATTEST:
City Clerk
Presented: January 25, 1973 (Vote: Yeas: 5, Nays: 0)
Passed: February 15, 1973 (Vote: Yeas: 5, Nays: 0)
Published: January 30, 1973 and February 20, 1973.
Attest:
City Cler
Councilman Lopez made a motion, seconded by Councilman Fead, to adopt Ordinance
No. 16, 1973, on second reading. leas: Councilmen Carson, Lopez, Preble,
Peterson and Fead. Nays: None.
and
ORDIM1',1:CE i 0, 18 , 1973
BEING AN GRDIMANCE Sidi IITTIi,�; (7'TAII I PROPOSED ClVvZn-R
KMEN 2`M'TFS TO '111L QUAI.IFI17) ELECTORS OF 'ME CITY AT '111E
GENT'j" LL CITY ELECTION M BE 111D ON AP11
T)IL 3. 1973
N4D1 EAS, the general city election ivdll be held on April 3, 197.1
MlEP.FAS, a comaittee'has been previously appointed to review the
City Charter uld maize reconmimdations to the Council oil proposed C:rarter
amendments to 'oc submitted to the voter:; at said election, and
Mfi M%f—, such conrilrtc_ has made its report and recoi,m:endati.ons
and the Council desires to submit certain Charter amendmonts, recomonded
by the committee to tare qualified electors of the City.
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79
February 15,1973
IVO1V, TIJEREFORE, I;l" IT Oh'.DAINED LY TIM- COUNCIL OF it E CITY OF
FORT COLLINS'
At the general City election to be held on April 3, 1973, the
folio -wing proposed Charter amenmiments shall he submitted to a vote of the
qualified ^lectors of the City.
PUTI3RM CHA% -ER
:�n:enu Section ti oz !' clo Ii of the G-Larter ' deleting from
the second paragraph of said section the following:
"idl ordinances presented shall be read in full at the first
rcadi:g thereof; Inon•ever, tiic second reading of such ordi=ce
sh.d.1 consist only of reading the title thereof, unless any
member of the City Cowicil requosts ti,at such ordinance be
re;:: ill full, in rn'ni.ch case such ordinance shall be read in
full at second rcadin"."
and by substituting therefor the following:
'Reading of an ordinance silall consist only of reading the
title thereof provided gnat copies of the full ordinance pro-
posed shall have been available in the office of the City
C1crk at least 48 lours prior to the time such. ordinance is
introduced for each: member of the City Council, and for inspec-
tion and copying by ahe general public, and provided further
%i:at ar_y member of the City Council ray request that au ordi:n-
ance be read in full at any reaai-nng of tine sale in ihiich case
such ordinance shall be road in full at such reading."
and,
Amend Section 7 of Article II of the Charter by deleting there-
from tlne first paragraph tinereof and by substituting therefor the follow-
ing:
"livery proposed ordinance, except an emergency ordinance,
stall be published once in full at least seven days before
its final passage in a newspaper of general circulation
published in the City, ndnichh publication: small contain a
notice giving the date when said proposed ordinance will
be presented nor fin;;_' passage. If on final passage such
ordunance is passod in the same form as published, no fur-
ther publication of such ordinance shall be required; except
that the Clerk slnal.l, idthin five days after. final passage
of any such ordinance, publish a notice of such final pas-
sage which shall contain tine number and title of such or-
dinanca. All ordinances except emergency ordinances, shall
take effect on the le+1i day following their passage. An
emergency ordinance ::!tall take effect upon passage and
small be published as provided above within five days
thereof."
REPI.7:RED (21ARTM tl'•Il:N`dD' UNIT 110. 2
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February
Amend Section 1, Article XV of the Charter to read as follo.is:
"Section I. Appointment. 11-le Cou^.cil shall appoint a City
Attorney ;7ho shall serve at the pleasi:re of the Council. At
the time of Ms appouhtment, the City Attorney need not be a
resident of the City, but during his tenure of office lie shhall
reside 1,ritlin tale City. Any person so appointed shall be duly
licensed to practice law in the State of Colorado. Tlie Council
shall fix the compensation of the City Attorney. Assistant and/or
D--puty City Attorneys may be appointed as determined by the Council
and they shall pertorm such duties as shall be assigned by the
City Attorney, including attending Council meetings in the place
of the City Attorney."
RiT•LTULD QLAitTl':R NUNDIMEllf 1'0. 3
Amend Part 11 of Article V of the Charter to read as follc�:Ts:
"Part il. urtir_i 31 Lorrohrinq.
Sect' —On _M-I_1orms o . rro �tng. 7,Le City nny borrow money
and issue the follo;;ing securities tt- eviidence such indebtedness.
a. Short-term notes.
b. General obligation bonds.
c. Revenue bonds,
d. Special or local improvement bonds.
e. Ally other securities not in contra-
vention of this Charter.
Section 20.2 Short-term notes. Pao City is hereby authorized
to borrow money, by Cow cif �tatn and without an election, in wlticipation
of the coliacticu of taxes or other revenues and to issue short-term notes
to evidence the a-iount so borrowed. Arly suchh short-term rotes payable, in
lrhole or part from ad valorem tastes shall be issued after the annual levy
of taxes and he payable in full wi.tihin twelve months from their date, except
as otherwise specifically provided in thhis Charter.
Section. 20.3 General obligation securities. accpt as other-
wiso provided in this Part if or" : r -Lone 7 of tills -' tarter, no securities
payable ill 'Alole or in part from file proccods of ad valorom taxes of tale City
shall be issued until tile question of thoir issuance shall, at a special or
regular election., be submitted to a vote of tho electors of tie City and ap-
proved by a majority of those voting on the question. Tigregate le ag^.cunt
of such securities as are described in this Section shall not exceed ten
prr cent (10%) of the assessed valuation of t r taxable property within the
City as shown by the last assessment for City purposes. Securities issued
for water purposes may be issued by council action h:dthlout an election and shall
not be included ill the determination of such debt limitation.
Section 20.4 Revenue securities. The City, by Council action
and without an election, may issue securities made payable solely from
revenues derived from the: operation of the project or -,capital improvc1lient
acquired with the securities' proceeds, or from other projects or improvements,
or from the proceeds of any sales tax, use tar or other excise tax, or
solely from any source or sources ur any corioination thereof other than
ad valorem taxes of the Citv.
Section 20.5 Refunding securities. The Council may authorize
Without a-1 election issuance o£ ref uhg securities for tile purl.ose of refund-
ing and providing for the payment of outstanding securities or other obliga-
tions of file City as the same mature, or in advance of maturity by means of
81
February 15, 1973
an escrow or othendLse. bb refunding securities (other than water refunding
securities) issueC "or the purpose of refunduig r:wenuc securities shall be
issued Without tus election if such refunding, securities arc made payable in
irholc or part from ad valorem tales of the City.
Section 20.6 Special ijanrovement securities. (a) Securities
for any special. or loco improvement district, secured as provided in this
Section, shall not be subject to any debt limitation nor affect the City's
debt incurrin; power, nor shall such =,ecuritics be required to be authorized
at any election.
(b) L',nen all outstanding securities for a special or local improve-
ment district have been fully paid and money remains to the credit of the
district, :it small be transferred to a surplus and deficiency fund, but moneys
in true surplus and deficiency fund in excess of the total principal amount
of the outstmuiding special assessment securities of the City may be withdrawn.
by Cou:,c:il action and used for any public purpose. Mienever there is a defi-
ciency in uiy special or local improvement district fund to meet the payment
Of outstanding securities ar.4 interest due thereon, the deficiency shall be
paid out of the surplus and deficiency fund.
(c) Mienever three -fourths (3/4) of the securities issued for a
special or local improvement district have been paid and cancelled and for any
reason the rePnining assessmc nts are not paid in time to redeem the final
securities for the district, 'the City small nay the securities when due and
leery arldit:ionai ad valorem taxes necessary therefor and reimburse itself by
collecting the unpaid assessments due the district.
Section 20.7 Terms and disposal of securities. The terms and
maxii;izru interest rate o iT1 secnriities s�-�-T iiZ be fixeTby the ordinance authori-
zuig Vie borroi..J.ng and providing for i S p ni,2nt and all securities shall be
sold or exc].kuiged as determined by the Council. If bonds are publicly sold,
Council action at•rardung the sale of securities, and thereby establishing the
interest rates and price paid for the securities, may be by resolution.
Section 20.8 Limitation of actions. No action or proceeding
at lair or in equity, to review any ections, acts or proceedings, or to ques-
tion tixc validity of, or enjoin the :issuance or payment of any securities
issued in accordance rrith their terms, or the levy or collection of any assess-
ments, or for any other relief against any acts or proceedings of the City
donne or had under tids Part II of Article V of this C!iarter, small be main-
tained agllinst '-.:e City, unless commenced within thirty (30) days after tine
election or performance of the act or the effective date of the resolution or
ordinance complained of, or else be thereafter perpetually barred.
Section 21. Igo additional limitations. Section 7 of Part I of
Article V of this Charter sh, hove no app ication to the payment of securities .
issued hereunder. Except as provided by this Part IT of Article V of this
Cur�r, there shall be no limi.tations on t ,.e authority of the City to incur
indebtedness or to issue securities."
Amend Section 8, !Article V of the Charter by adding ire the last
sentence of suuch section after the words:
"the actual necessity of which .is caused by any casualty,
accident or uiforseen contingency arising after the passage
of the annual appropriation ordinance;"
82
- — -- - —---- -- -- ----—Eebruary -1S,_19.73- -
the foitoh,ing fiords:
and,
"nor sh-1,1 ailytidng herein contained provt--nt the council
from pru'.-iailhr Tjy orditi=--e for pay, eut of :uiy exponsc from
reserves accw-:ulated in prior years, noti-dt;:standi.ng that
suca reserves %sere not appropriated for expenditures in the
annual appropriation ore",n.Inco;"
Arend Section 15, rt•t:icie V of the CLarier by addin.- at the end
of said section the follolring cords:
and,
"If revenues not anticipated in the budget are received wlhic.l
are dcsig:hatcd by tile sourc(: pruv:i.dh.g the same for en)enditure
for a particular purpose, the Council may, at any time during
the year in 1-71ich such revenues wvr received, authorize, by
ordinance, the expenditure of such revenues or any part ttlereof,
not:rithstandii:g the fret that such revenues were not appropriated
for ex1x;nditurc in tiic wrival :lppopriation ordinance."
Amend Section 19, Article- V of the Gharter by adding at the end
of said section. rlio fcllo ling:
"and except that this provision s!mll not prevent expenditures
from h resorves acctui ulated in prior years."
Anond Section 5 of f1r(,-3cle V of the Charter by changing the word
"October" tlicreln to " bvennbor"
IZl:ir'1:171i D auil<r Ei kl'),:nu):EIT'1 "I0 5
kiend Section 16, Axticlo II of the O71artor to read as follows:
"Section 16. Contracts with other govorlmantal bodies. 'rile
Cctahcil r:ny, by ordinanco or resoluciohn, enter into contracts
>._. h ot:ler bodies to f=aish gover.uiental services
and hrnke charges for sir-h services, or enter into Cooperative
or joint ar..ti:viti.cs hI..'.�'t ether govermnental bodies."
RE-VIRED Ci 1fi1 Pr A !E1.v . IST i i{). 6
TO Section 5, Article II of the Garter :jy chary;ing part (b)
to read as follows:
"(b) 3y ordinance create, cliange, consolidate and abolish offices,
dq)artments or agencies, ifhetler created by the Marter or otiher-
u1se, and to assign functions and duties to .-he same and to any
offices, c1c partrmts or a't onci.e . established by 4.16 .' Charter; pro-
vidcd that talc fuactini,s establis:iod in the G,ar,ci for any depart-
ment shall not be a;)olisiicd."
8'3
February 15, 1973
ORDINANCE NO.1q , 1973,
BEING AN ORDINANCE AIMENDING SECTION 84-2 B OF THE CODE OF
THE CITY OF FORT COLLINS RELATING TO THE OFFENSE OF INTOXI-
�A'1'ION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section
84-2 B of the Code of the City of Fort Collins be, and the same hereby is,
amended to read as follows:
"B. Intcxication. It shall be unlawful for any/person under
the influence of alcohol or any narcotic drug, stimulant or
d^pressant, to be on any street, thoroughfare or other public
place within the city.
It shall likewise be unlawful for any person under the
influence of alcohol or any narcotic drug, stimulant or
depressant in any private house or ,place, to be drunk, turbu-
lent violent, menacing or disorderly to such an extent to
jeopardize persons or property, or to menace the public peace
and safety."
Introduced, considered favorably on first reading, and ordered pub-
lished this 2Sth day of January, A.D. 1973, and to be presented for final
passage on the 15th day of February, A.D. 1973.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of Februar;', A.D.
1973.
Mayor
ATTEST:
i.
City Clerk
Pres--nted,
January
25,
1973 (Vote: Yeas:
5; Nays: 0)
Passed:
February'
1S,
1973 (-dote: Yeas:
S; Nays: 0)
Published:
Jgrivary
30,
1973 and February 20,
1973
Motion was made by Councilman Peterson, seconded by Councilman Preble, to adopt
Ordinance No. 14, 1973, on second reading. Yeas: Councilmen Carson, Lopez,
Preble, Peterson and Fead. Nays: None.
Ordinance relating to Licensing of Trash Haulers
Defeated
Attorney Maurice Nelson stated the Administration was in receipt. of a letter dated
February S, 19713, in which the trash haulers proposed a four ari limit for $3.25.
7
8'$
and,
and,
and,
and,
_F_ebruary_1_S, 1973
mend Se tion 2 of Article IV of t%-, !Barter to read as follows:
"Section 2. Adrlinistrative Branch. The ad^ini.strative branch
of the City Coverm,,mt shall be eomposed of the offices, depart-
mcnts and apencles establis:led by this Charter and such otilers
as may be established by ordinance upon reco;Jnendation of. the
City i:vnarer."
Delete Article VI from tam Charter,
I;clete Article VIII from the Marter,
AI-1e114 Section 1 of Article X11 of the Curter by substituting a
period for a coma after the nerd "created" and by deleting the following
words, to -wit:
and,
and,
and,
"the head of rrhi.ctl shall be ex-officio city engineer."
Amend Section 29 of Article V to read as follows:
":Suc;:io.n 29. Department Created., A department of purchases
shall be created and the head thereof shall be the nurchasing
agent for all departments and other agencies of the City."
Amend Section 9, Article XVI of the Curter to read as follows:
"Section 9. Judges. The Board of Elections shall, not less
than 20 days before any general city election, appoint not feiier
titan three judges as an election hard in each ,precinct to serve
tuitil the next general city election. Such judges shall be qu li-
fiod elactors in their precincts, iiie Eoard of Elections shall
fill all vacancies in precinct election boards."
Amend Section 10, Arr'cle XVI of the darter by deleti;;h there-
from tine words "and clerks".
RUMUM CARTER -A Ii-dv'LP:ii;: (r NO. 7
Amend Section 3, Article TJ of the Charter to read as follows:
"Section 8. Charter A.,niendments. This Charter may be :upended
at any time iri the mariner provided .by the laws of the State of
Colorado."
S5
February 15, 1973
P:1:FMED MARTEI: A;. EPUIENT r;O. 8
Amend ;�_7tion 4 or Article YIN or the Charter by deleting from
the nr_:ct to the last sentence thereof the following lords, to-uit:
"or to building inspection."
Introduced, considered favorably on first reading, and ordered
published this Q. day of _ — A.D. 1973, and to be
presented for final passage on the I C� day of A.D.
1973.
1k ort _-
ATTEST:
C�t6-�
Passed and adopted on final reading this day of _ >.,;.
A.D. 1973.— �— — r
A17EST:
Presented: February 1, 1973 (Vote: Yeas: 5, Mays: 0)
Passed: February 15, 1973 (Vote: Yeas: 5, Mays: 0)
Published: February Z, 1973 and February 16, 1973
Attest: --
City Clerk
Councilman Peterson, seconded by Councilman Fead, to adopt 04.iiance No. 18, 1973,
on second reading. Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead.
Nays: None.
a
Ordinance adopting a Fire Prevention Code
Adopted on First Reading
City Manager Brunton stated perhaps Fire Chief Ed Yonker would like to make
some remarks relative to the ordinance.
sS
----------------------- ------------- -----------Rebruar._15.-1973-- ----
Chief Yonker s*?ted, he felt the ordinance was very necessary in order to put
teeth into the enforcement of the codes now used.
City Attorney March also stated it was a better system.
Councilmen Preble made'a motion, seconded by Council.rpen Lopez, to adopt Ordinance
No. 12, 1973, adopting a Fire Prevention Code on first reading. Yeas: Councilmen
Carson, Lopez, Preble, Peterson and Fead. Nays: None.
Ordinance adopted on First Reading
Zoning Collindale First Annexation
Zoning of this annexation is RLP, Low Density Planned Residential.
Councilman Lopez made a. motion, seconded by Councilman Peterson, to adopt Ordi-
nance No. 20, 1973, on first reading. Yeas: Councilmen Carson, Lopez, Preble,
Peterson and Fead. Nays: None.
Bid awarded for Football Equipment for
Parks and Recreation Department
Councilman Peterson spoke to the bid, stating it was false economy to purchase in-
ferior merchandise and supported the recommendation.
Counciiman Peterson made a motion. seconded by Councilman Fead, to award the
bid as recommended to Dletro Sporting Goods; for Shoulder Pads, Football. Pants
and Football Jerseys, in the amount of $2,703.50; to Dave Cook Sporting Goods;
for Chin Straps and Footballs in the amount of $963.00 and to Longmont Sport
Center for Helmets in the amount of $560.00. Yeas: Councilmen Carson, Lopez,
Preble, Peterson and Fead. Nays: None.
Bid award tabled for Eighty 1,000 Watt
Streelights
City Manager Brunton stated the Purchasing Agent had requested this item be
tabled for one week to clarify data on the bids.
Councilman Fead made a motion, seconded by Councilman Lopez, to table this item
for one week. Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nays:
None.
Bid awarded for Loadbreaker Elbows
for Light and Pow r Department
City Manager Brunton stated the low bid was recommended.
Councilman Preble made 'a motion,,secor:rl;i by Councilman Fead, to accept the
recommendation of the Purchasing Agent and award the bid as recommended to MST
Industries in the amount of $6,640.00. Yeas: Councilmen Carson, Lopez, Preble,
Peterson and Fead. Nayes: None.
Bid awarded for 50,000 feet Cable for
Light and Power Department
Again, City Manager Brunton stated the low bid was recommended.
Connci loran Faad mane v riot 10^ ••- ••,Seconded by Co"ncliiur Pcl.tJi JVll, 6u accept the
recommendation of the Purchasing Agent and award the bid to Olin Conductors in
$9,
February 15_,_197.3
It
tine amount of $9,925.00. Yeas: Councilmen Carson, Lopez, Preble, Peterson and
Fead. Nays: None.
Bid awarded for La:]s¢ape 'Frees and Plants
for Parks and Recreation Department
City Manager Brunton, on the above items, stated it was more practical to
sole source bid, than to obtain poor quality stock. That what he would like
to do is to purchase the 1974 trees in the 1973 budget, and would not take
delivery in 1973. City Manager Brunton also stroke to the program undertaken
by City Arborist Carl Jorgensen.
Mayor Carson inquired into the City nursery. Director of Parks and Recreation,
H. R. Phillips, stated the City Nursery had about 600 trees.
City NIinagc. Brunton stated the City must soort analyze whether or not the City
is realizing a savings by having our own nursery, in terms of man power, the
water situation, etc.
Director of Parks and Recreation, I-i:-R: Phillips, also stated part of the
cost of trees in this bid were being paid for by the Junior Roman's League.
Councilman Lopez made a motion, seconded by Councilman Fead, to award tine bid
as recommended to Landscape Services of Port Collins, Kroh Nurseries of Loveland,
and IV. IV. Wilmore Nurseries, Inc. , iVheatridge, Colorado, for a total amount of
$ E867.00. Yeas: Councilmen Carson, Lopez, Treble, Peterson and Fead. Nays:
None.
I'wo Part Report cn Golf Course
City Manager Brunton stated he would like to read the report and them go through
the specific points. (Complete report in Central hales).
The first four items discussed below were the recommendations from the Golf
Board.
Recommendations from the Fort Collins Golf Board:
1. Approve pro contract with William H. Metier at Collindale Golf Course for
a one year period commencing January 1, 1973, and terminating December 31, 1973.
2. Approve pro cont..ract. with Randall E. Byers at City Park Nine Golf Course for
a one-year period comnancing January 1, 1973, and terminating December 31,
1973.
3. Consider separate concessionaire contract at Collindale Golf Course.
4. Approve new golf course fees for 1973 (only changes are new 9 hole fee and
$50 powerod cart rate for Collindale).
Mayor Carson inquired into the Golf Pro Agreement for Collindale Municipal Golf
Course, with William 1-1. Metier, relative to paragraphs (f) and (k), both having
to do with payment for utilities, adding they could be more clearly stated. N9ayor
Carson also spoke to the contract on City Park Nine, Page 2, relative to a beer
or liquor license, saying he would like the sentence stricken from the contract.
9M
February_15.,_1973
Councilman Peterson made a motion, seconded by Councilman Preble, to approve the
four recommendations made by the Golf Board to delete the one sentence in
the Cicy Park N is Contract, relative to beer and l:;r.:or licenses, and by
inserting a $1.00 per round fee to be paid to the Lolf Pro at Collindale Golf
Course for the use of the golf carts. Yeas: Councilmen Carson, Lopez, Preble,
Peterson and Fead. Nays: None.
The next part of the report from the City Manager was as follows:
Recommendations from administrative staff:
1. Approve a definite schedule for repaying the principal and interest owed. by
Collindale Golf Course to the Water Fund.
2. The status of the ownership of the City Park Nine should be clarified. In
1940 it was stated that this golf course was owned by the cemetery. wince that
time the General Fund has subsidized the cemetery operation by over $100,000 and
purchased the Roselawn Cemetery for $35,000. The present cemeteries have
ten to twenty years of grave spaces available. It would be more economical to
obtain a new cemetery than to develop a new golf course. Therefore, because of
the subsidies from the General Fund to the Cemetery Fund in excess of the original
land cost, it should be stated that the City Park Nine is pennanently a golf
course with no liens for cemetery purposes.
City Attorney March stated he agreed with the analysis of the City Manager, however, he
felt that at the time the City had purchased Roselawn Cemetery (1940), provisions
had been made relative to the ownership -f City Park Nine.
City Manager Brunton also stated he would again be bringing the matter of the
cemetery up in a few weeks.::
Councilman Lopez stated lie would like to have included :in any review made tl;;;
convenience of having a cemetery so handy; the pros and cons of having several
small cemeteries scattered throughout the City; and where to purchase more land
for another cemetery.
Councilman Lopez made a motion, seconded by Councilman Fead, to instruct the
City Attorney to prepare a resolution approving a definite schedule for repaying
the principal and interest owed by Collindale Golf Course to the Water fund.
Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nays: None.
Report on Fire Rating for the City
of Fort Collins
A lengthy question and answer session washeld between members of the Council
and Fire Chief Ed Yonker and City Manager Brunton over specific deficiency
points charged against the City of Fort C011ulc 'Dy the Mountain States Inspection
Bureau.
!viayor Carson spoke to his desire to see the City of Fort Collins obtain a Class
Four rating instead of the Class Five rating the City now has.
11
Mien asked by the Mayor, why credit had not been i_,,iven in a certain area, the
City Manager stated he would prefer to go and ask them, rather than make a
statement.
Councilman Lopez inquired if a narrative had been provided to accompany the
fact sheet submitted by the Bureau and was advised that it had not been provided.
�i
Mayor Carson then proposed that the administration and Council request a meeting
with the fire ratin_; iczple, and suggested a specific date be made to do it,
City Manager Brunton stated he would arrange it. Mayor Carson again stated the
need to get the fire rating changed.
Report on proposed Improvements to
Sewer Treatment System
City Manager Brunton gave a verbal summary of the sanitary sewer situation, read
the full report, and pointed out the recommendations for implementation,
giving the rational for each recommendation.
The recommendations are as follows:
1. Author*ze Black F, Veatch to proceed with the design and preparation of plans
and specifications for the expansion of Sewage Treatment Plant No. 2 from its
present capacity of: 6 MGD to 16-18 MGD.
2. Instruct Black 8, Veatch to take no further action on the design and prepara-
tion of plans and specifications on Plant No. 1 under the contract signed .July 27,
1972, pending further study on the long-range use of said plant.
3. Approve contract with Black f, Veatch to prepare plans and specifications for
the interceptor line between Plant No. 1 and Plant No. 2.
4. Authorize the City Manager to accept the grant offer for the $1,246,000
federal grant in accordance with Form FIV PCA-8a, "Offer and Acceptance of
Federal Grant for Sewage Treatment Works Under 33 USC 466 et seq.: Part A."
S. Approve contract with Black F, Veatch zt a::tualsalary times 2.4 to make
study and assist in implementation of measures to bring Plant No. 1 up co
minimum state effluent standards.
6. Instruct the City Manager to write to theWater Pollution Control Division,
Colorado Department of Health, and notify then of the aforementioned action and
ask them to lift or extend the duly 1, 1973 abatement date.
7. Instruct the City Manager to proceed with a program to issue approximately
$1,380,000 of sewer revenue bonds sometime in 1973.
8,. Instruct Black €, Veatch to.integrate the required $1,380,000 bond issue
translated irrto an annual debt service into she sewer rate study.
City Manager Brunton also spoke to the meetings previously held with the Water
Users Association, and other meetings with various water districts, where dis-
cussion was held on a Metropolitan Water and Sewer System.
Mr. Carl Houck, representative of Black and Veatch, also gave a verbal report
on the repair done to the trickling filter system at Plant No. 1 and the City's
attempt to improve its effluent. t
Councilman Lopez made a motion, seconded by Councilman Peterson, to approve the
report as outlined and authorize the administration to implement it Yeas:
Councilmen Carson, Lopez, Preble, Peterson and Fead. Nays: None.
Citizen Inquiry
WE
A citizen inquiry was made on the following:
1. How large would a Metropolitan water and sewer district be?
2. Whgt is the status of the Mousing Code'?
3. Sidewalks along Prospect Street next the Shopping Center.
4. Had th City Planner considered a corridor near IVellingtcn?
City Manager Brunton made the following replies:
1. No projections had been made on the size of a PIetropolitan water and sewer
system, th_se were matters that should be explored.
2. The Housing Code should be back on the agenda in two weeks.
3. A report on the sidewalks on Prospect Street would also be on the agenda in
two weeks,
4. No alternative had been considered to a corridor near Wellington,
Adjournment
Councilmen Lopez made a motion, seconded by Councilmen Preble, that the Counci"i.
adjourn. Yeas: Councilmen Carson, Lopez, Preble, Peterson and Dead. Nay,: None.
AITEST:
City Clerk
�<o � &4o
W.;