HomeMy WebLinkAboutMINUTES-05/15/1969-Regular337
15. 1
MINUTES OF A REGULAR PI1.T ING OF THE COUNCIL OF THE. CIT_ .OF FORT COLT I?TS
Held Thursday, May 15, 1969, at 1:30 o'clock P.M.
..Present: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten.
City Manager Coffey, City Attorney March and Director of Public Works Li.quin.
Motion was made by Councilman Kissock, seconded by Councilman Kruhten,
that the.reading of the minutes of the last regular meeting held May 8, 1969, be
dispensed with. Roll was called resulting as follows: Ayes: Councilmen
Carson, Troxell, Lopez, Kissock and Kruchten. Mayes: None. The Mayor
i declared the motion adopted.
The following ordinance was presented on first reading and read at
length:
ORDINANCE NO. 28, 1969
BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS,
COLORADO
Motion was made by Councilman Troxell, seconded by Councilman Kissock,
that Ordinance No. 28, 1969, be considered favorably on first reading and ord-
ered published this 15th day of N[ay,A. D. 1969, and to be presented for final
passage on the 5th day of June, A. D. 1969. Roll was called resulting as
follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten.
Nayes: None. The Mayor declared the motion adopted.
The following resolution was presented and read at length:
Apo RESOLUTION 6 %- 3�L
OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING NOTICE CONCERITING A PROPOSED
ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT
COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZOI�LFG ORDINANCE, IN
ORDER TO CLASSIFY FOR ZONING PURPOSES CERTAIN PROPERTY BEING AFNEXED TO THE CITY
OF FORT COLLINS
WHEREAS, heretofore the City Council of the City of Fort Collins
initiated annexation procedures for certain property known as the Guard
First annexation to the -City -of Fort Collins more'particularly--described in the
"Notice of Public Hearing" attached hereto, and
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WHEREAS, the owners of said property have petitioned that said pro-
perty be included partly in the R-L Low Density Residential District, and partly
in the R-P Planned Residential District. and
WHEREAS, the Planning and Zoning Board has made a study of said zoning
request and has held a hearing and has made a report and .recommendation thereof.
all in accordance with Section 19-46 of the Code of Ordinances of t1-:e City.of
Fort Collins, Colorado, 1958, as amended. and
WHEREAS, the City Council desires to hold a hearing on said zoning
request as required by said Section 19-46.
NOW, THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF. FORT
COLLINS that June 5,.,1969, at 1:30 P.-M., or as soon thereafter as the matter
may come on for hearing, in the Council Chambers in the City Hall of the City
of Fort Collins, is hereby set as the time and place for public nearing on
said zoning request; 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 Code of
Ordinances of the City of Fort Collins. Colorado. 1958, as amended. in the form
attac_".ed hereto.
338
May 15, 1969
Passed and adopted at a regular meeting of the City Council held this
15th day of May, A. D. 1969.
/ Karl E. Carson
yor
ATTEST:
/s/ John Bartel
City Clerk
Motion was made by Councilman Kissock, seconded by Councilman Troxell,
that this resolution be adopted. Roll was called resulting as follows:
Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None.
The _Mayor declared the motion adopted.
The following ordinance was presented on second reading:
ORDINANCE NO. 22, 1969
BEING AN ORDINANCE ADOPTING AN ELECTRICAL CODE AND PROVIDING FOR THE PROTECTION
OF THE PUBLIC HEALTH AND SAFETY AND RELATING TO THE REGULATION OF PERSONS
ENGAGED IN THE BUSINESS OF ELECTRICAL WIRING, PERSOAiS LABORING AT THE TRADE OF
ELECTRICIAPi, THE INSTALLATION, ALTERATION OR REPAIR OF ELECTRICAL WIRING AND
THE INSPECTION THEREOF IN THE CITY OF FORT COLLINS, COLORADO, AND PROVIDING FOR
LICENSING AND THE ISSUANCE OF LICENSES. j
Motion was made by Councilman Kissock, seconded by Councilman Troxell.
that Ordinance No. 22, 1969, be adopted. Roll was called resulting as follows:
Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes:
None. The Mayor declared the motion adopted.
The following ordinance was presented on second reading:
\^?A' ORDINANCE NO. 23, 1969
BEING AN ORDINANCE AMENDING SECTION 19.56 OF THE CODE OF ORDINANCES OF THE CITY
OF FORT COLZINS, COLORADO, 1958, AS AMENDED, RELATING TO THE SUBDIVISION OF LANDS
AND REQUIREMENTS THEREFOR
Motion was made by Councilman Troxell, seconded by Councilman Lopez,
that Ordinance No. 23,.1969, be adopted. Roll was called resulting as follows:
Ayes: Councilmen Carson, Troxell, Lopez. Kissock and Kruchten Hayes:
None.. The Mayor declared the motion adopted.
The following crdinance was presented on second reading:
ORDINANCE NO. 2L, , 1969
BEING AN ORDINANCE AM721 D11711 CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF
FORT COLLINS, COLORAD0,19g9, AS AMENDED AND RELATING TO LOCAL PUBLIC IMPROVEMENTS
Motion. was made by Councilman Lopez, seconded by Counc.i.lman Kruchten
that Ordinance No. 2L, 1969. be adopted. Roll was called resulting as follows:
Ayes: Councilmen Carson. Troxell.'Lopez, Kissock and Kruchten. Mayes:
None... The Mayor declared the motion adopted.
The City Attorney advised the Council that the District Col:rt had
rendered a decision on the referendum and zoning case in the Sprirg_ Cr6ek
9
339
May 1.5._l_9_69
area. In the judges decision, it was found that this ordinance was valid but f
t6,.at it must be the subject of a referendum. It was his recommendation that this !
case be taken to the Colorado Supreme Court as there are no state decision on
referendums in connection with rezoning. He felt that this case was important
enough that the decision should be rendered to the advantage, not only to the
City of Fort Collins, but to the other cities in the State. Motion was made by
Councilman Troxell, seconded by Councilmn Kruchten, that the City Attorn6y be
instructed to take the matter to the Colorado Supreme Court. Roll was called
resulting as follows:. Ayes: Councilmen Carson, Troxell, Lopez, Kissock and
Kruchten. Nayes: None. The Mayor declared the motion adopted.
�-.0 RESOLUT ION 6 % 33
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A LEASE AGREEMENT TO B E
ENTERED INTO WITH CLARENCE YAGER AND PEARL YAGER ;
WHEREAS, the City of Fort Collins owns certain property located in
the NW-4 of Section 12, Township 7 North, Range 69 Westof the 6th P.M., and
WHEREAS, said property is not now needed for municipal .purposes, and
WHEREAS, it is to the advantage ofthe City to lease said property
in order to control weeds and keep the property in good condition, and
WHEREAS, Clarence Yager and Pearl Yager have offered to lease said
property, and a lease has been prepared by the City Attorney which has been
approved by the City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the terms and conditions of said lease agreement be and the same
here by are accepted and approved, and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they here-
by are authorized and directed to execute said lease agreement for and on behalf
of the City of Fort Collins.
Passed and adopted at a regular meeting of the City Council held this 1
15 day of May, A. D. 1969.
/s/ Karl E. Carson
Mayor j
ATTEST:
/s/ John Bartel
City Clerk
Motion was made by Councilman Kisso'ek, seconded by Councilman Kruchten,
that this resolution be adopted. Roll was called resulting as follows: Ayes:
Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The
Mayor declared the motion adopted.
`'k The City Manager's annual report was presented, and after some dis-
cussion, motionvcas made by Councilman Lopez, seconded by Councilman Kruchten,
that this report be accepted as prepared. Roll was called resulting as follows:
Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None.
The Mayor declared the motion adopted.
Specifications for the design and construction of Sewer Mains in
1 subdivisions, which was tabled from April 24, 1969, was again presented. Motion
340
was made by Councilman Kruchten, seconded by Councilman Trozell.,that due
to interested contractors, the matter be tabled indefinitely. Roll was called
resulting as follows: Ayes: Councidmen Carson, Troxell, Lopez, Kissock
and Kruchten. Nayes: None. The Mayor declared the motion adopted.
5 The matter of rental of ::mall boats. on City Park Lake was tabled on
Ia
May b, 1969, to this date. Motion was made by Councilman Kruchten, seconded by
Councilman Troxell, that this be removed from the table. Roll was called
resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and
Kruchten. Nayes: None. The Mayor declared the motion adopted,
The Director of Parks and Recreation was present- and stated that
he felt that this move would be to the advantage to the City and that equipment
should be purchased and rental fees be implemented, and that in due time the
revenue received would pay for all boats, etc. He also stated that there.would
be no moters used on any of the craft, except for perhaps one one-half horse-
power moterboat.
Motion was made by Councilman Kissock, seconded by Councilman ,
Kruchten, that
this program
be approved
as presented. Roll was called result-
ing as follows:
Ayes:
Councilmen
Carson, Troxell, Lopez, Kissock and
I
Kruchten. Nayes: None. The Mayor declared the motion adopted.
The following resolution was pre,�Ented and read at length:
RESOLUTION
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING JOHN J. TOBIN AS JUDGE OF
THE MUNICIPAL COURT AND JOHN E. KOCHENBURGER AS ASSISTANT MUNICIPAL JUDGE AND
FIXING THEIR COMPENSATIOi\I.
WHEREAS, Section 1 of AHticle XIV of the Charter of the City of Fort
Collins provides that the Judge of the Municipal Court shall be appointed by
the City Council for a term of 2 years and shall receive such como_ensation
as shall be fixed by the City Council; and
WHEREAS, the terms of office of said John J. Tobin and John E.
Kochenburger have expired; and
WHEREAS, said John J. Tobin and John E. Kochenburger have ably and
efficiently performed their duties as Judge of the Municipal Court and Assistant
Municipal Judge, respectively.
NOW, THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS rhat John J. Tobin be and he hereby appointed Judge of the Municipal
Court to serve for a term of 2 years, effective forthwith.
BE IT FURTHER RESOLVED that John E. Kochenburger be and he is hereby
appointed Assistant Municipal Judge to serve in the absence of the Municipal
Judge in connection with matters requiring the attention of the Municipal Judge.
BE IT FURTHER RESOLVED that while serving in this capacity of Municipal
Judge, the said appointee shall receive conpensation at the same rate as that
provided for the position of Municipal Judge.
Passed and adopted at a regular meeting of the City Council held this+
15th day of May, A. D. 1969•
/s/ Karl E. Carson
ATTEST: Mayor
/s/ John Bartel
Citv
Motion was made by Council man Lopez. seconded by Councilman Troxell.
1. that- thl_- "t:c�ll. Clon , be Rl7it'..n aS fnI l
341
May 15 ,_1.9.69
�Coanci1! r ar on.. Trezell Lopez. Kissock, and Kruchten. Mayes: PJone.
The Mayor declared the motion adopted.
Mrs. Joy Larrabee appeared and w \ hed to pass'on the good word for
our firemen for services rendered and suggesed that an increase in pay be
granted. However the City Manager advised her that a substantial increase was
given all firemen recently.
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Mr. E. D. Melendrez, representing the Buckingham area, requested the
City to proceed with installing curb and gutter and black topping the streets.
After some discussion, he was informed that this would require an improvement
district and would be necessary to file petitions requiring the :proper per-
centage of property owners. Mr. Melendrez indicated that this paving district
was included in the petitions that was submitted when a sewer improvement
district was formed. The City Attorney advised him that if this was true, the
petitions would now be invalid and a new district would have to be formed.
The following proclamation was presented and read at length:
13�
Suggested Proclamation by the Mayor for Realtor Week
WHEREAS, the Fort Collins Board of Realtors is joining with many of .the
other 1,550 boards of the National Association of Real Estate Boards throughout
the couitry i:: o':,.serving Realtor Week, May 18-24; and
WHEREAS,.the Realtors of our community continue to contribute freely
of their professional skills in the successful work of civic and fraternal clubs
government commissions and agencies, and educational institutions of Fort Collins;
and
WHEREAS, the Realtors throughout this great country of ours have
undertaken the broad Make America Better Program designed to help solve the major
problems of our cities and towns;.and
WHEREAS, the bulk of the progress of our community is directly attri-
butable to the competence with which Realtors are taking part in the commercial
and industrial growth of our city; and
WHEREAS, the Code of ElU cs to which Realtors are pledged places them
in the forefront of the responsible organizations in this country and Realtor
Week is designed to acquaint the public with these high standards of professional
service provided,by Realtors;
NOW, THEREFORE, I Karl E. Ca -son. , Mayor of Fort Collins; Colorado,
do hereby proclaim May 18-24 to be Real :tor Week and urge my fellow citizens
to join with the Fort Collins Board of Realtors in its observance.
IN WITNESS THEREOF, I have hereunto set my hand and caused the seal
of the city of Fort Collins, Colorado, to be affixed this 15th day of May,
1969.
Karl E. Carson
Byer
The following letter was presented and read at length:
y,_ r r
Mr. Tom.Coffey, City Mgr.
City Hall
Fort Collins. Colorado
Dear Sir:
Fort Collins. Colorado
Downtown Merchants
P. 0. Box 229
May 12, 1969
The Downtown Merchants Assn. is planning to have their annual Sidewalk Bazaar
and Carnival. Tuesday & Wednesday, July 15-16. 1069.
3.42
I he `iE me t11 at LiebE PL City Traffic En=ineEr, and we have &reed on the
details as follol:ls: The Forsythe & Dowis Carnival will be set up on. the center
of blocks, 100 No, 100 So, & 200 So. College., With the .cross streets of LaPorte
Oak, Mountain L Olive to be left open. All carnival, equipment 8: concessions
to be maintained with in the closed area. A fire land on both the east & west
side of College to be left open at all times.
The streetto be closed at 7:00 P.M. on Monday the 14 and opened at 3:00 on
Thursday the 17.
The merchants will setup Bazaar bootha.on the side walks or in the enclosed
area.
We are hereby requesting permission to close College Avenue and have t car-
nival as in the past. -
Sincerely,
Gayle `I�troh, Sec. &
Publicity Director
Motion was made by Councilman Kruchten, seconded by
lCouncilman Troxell, that this request be granted. Roll was called resulting
as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten.
Nayes: No-e. The Mayor declared the motion adopted.
Due to the passingby the vote of the people, the sale of intoxicating
, lad i
i liquor in the City limits of the City of Fort Collins, a State application to-
gether with all information required by the State Licensing Board, was filed
by Floyd and Regina Baker on April 14, 1969, by their Attorney Hardin, Olson
and Napheys. As the City does not have rules and regulations and application
i forms, on May lst, 19.69, a letter was received from their attorney, stating
that the matter would be taken to court due to the State's rules, and filing
for a liquor license, indicating.that the City has no authority to withhold
an application. Request was made by thb=City Attorney to represent the City
in the case. Motion was made by Councilman Troxell, seconded by Councilman.
Lopez, that the City Attorney be authorized to proceed in this case. Roll
Lopez,
was called resulting as follows:. Ayes: Councilmen Carson, Troxell,/Kissock.
and Kruchten. Na.yes: None. The Mayor declared the motion adopted.
The City Manager presented a rather lengthy opinion and findings
relative to a request made by the Inter -Residence :'all Association of Colorado
State University for the investigation and conduct of our Police Officers on
College days. After some discussion, motion was made by Councilman. Kissock,
seconded by Councilman Troxell, that this report be accepted and a formal reply
be m_�de to the Association at a future date. Roll was called resulting as
follows: Ayes: Councilmen Carson.' Troxell. Lopez, Kissock and Kruchten.
I�ieyes: None. The. Mayor declared the motion adopted
Motion was made by Councilman Kissock. seconded by Councilman Troxell.
that the Council adjourn. Roll was called resultin:, as follows: Ayes:
Councilme❑ Cars-cr. Troxell. Lopez. Kissock and Kruchten. Nayes None. The
_ It
i
Mayor deClS r;, ,-, t�^_e mOtiGn ad-•p `.ed endthe COUnCll u joUi`n e'd.
City Clerk