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HomeMy WebLinkAboutMINUTES-04/16/1970-Regular168 MOT`ES OF A REGIILAR MMING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held IN Thursday, April 16, 1970, at 1:30 o'clock P.M. Present: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. City Manager Coffey, Assistant City Attorney March and Director of Public Works Liquin. Motio., was made by CounclmanKCsso6n seconded by Councilman Lopez, that the reading of the minutes of the last regular meeting held April 9, 1970, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kiaaock and Kruchten. Nayes: None. The Mayor declared the motion adopted. ` The following proclamations were presented and read at length: Mayor's Proclamation, Friday,'May 1, 1970 Fort Collins, Colorado Mayor Karl E. Carson, hereby Signs ha Intethis orcla proclamation dec�Epnlon week of May first through May seventh as Ep' Sigma P Sigma. Alpha ..members -in Colorado were especially cited for their philanthropic work. Members of Beta Theta Chapter, Fort Collins, Colorado, have contributed 640 hours aAd $249.25 in monies to their projects. Members of Zeta Chi Chapter, Fort Collins, Colorado, have contributed 160 hours and $96.00 to their projects. The State project inColorado has been cerebral Palsy. ESA week encompasses all three aims of the sorority; education, philanthropy and social. During this week, however, 1,700 chapters and more than 31,000 members place special recognition on philanthropic. As ESA Members bQin their forty first year and since it is also the beginning of the 70's they will be placing importance on understanding their role and responsibilities as leaders in their community. Signed: /sL Witness Witness 1s/ Charlie D Cain PROCLAMATION , I, Mayor Carson, proclaim April 23, to May 23 as Forward CSII Month. This declaration is for the benefit of those students attending Colorado State University who are concerned with the welfare of the University and the City of Fort Collins. Forward CSII Month is dedicated to obtaining money that will be donated to the William E.-Morgan Library. This money will be used to further the education of the students and -,faculty of Colorado State University by providing microfilms' It is hoped that -ais proclamation willmake all people concerned with the university aware of the goals of Forward CSU. yrar of our Lord Nineteen Hundred and Seventy, cityof Fort This, on April Sixteenth, in the Collins. Isl Karl E. Carson Section 4, Article II, of the Charter reads "Both the Mayor and the Assistat Mayor shall be elected' from the Counci lmen for terms of one year". 'Terms of officers to begin on the first Tuesday after the second Car Monday of April. Motion was made by Councilman Troxell, sonr Kruchten be reapp ointed for 'seconded by Councilmen Lopez, that Mayor/and Assistant Mayo Ayes: Councilmen Cersori, Troxell, another year. Roll was called resulting as follows: Lopez, Kissock and Kruchten. Nayes; None. The Mayor Declarod the motion adopted. T� Mayor Carson stated that he felt the Fort Collins City Councilhas many issues before it•for the coming years and hopes the community participates. That he is looking forward to next year and encourages communication with the Council, that the Cc uncil welcomes suggestions and ideas and thinks this will help make the'City of Fort Collins. The Merchant of the Month award was awarded to W. J. Smilie, Manager of Poudre Valley Federal Credit Union, for his outstanding observance of fire protection. Chief Yonders of the Fire Department was present and stated this award was a small token for Mr. Smilie's cooperation. Mr. Smilie praised the City in it's recent adoption -of a credit union for it's employees. The follow9g ordinance was presented on second reading: ORDINANCE NO. 24, 1970 BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITP OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN -AS -THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY]NCLUDED IN THE WEST LAPORTE AVENUE THIRD ANNEXATION TO THE OITY OF FORT COLLINS, COLORADO Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that Ordinance No. 24,1970, be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, i Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following ordinance was presented on first reading and read at length: Y ORDINANCE NO. 26, 1970 BEING AN ORDINANCE CREATING THE CITY OF FORT COLLINS GOLF BOARD, PROVIDING FOR THE APPOINT_ MENT OF MEMBERS TO SUCH BOARD, ESTABLISHING THE TERMS OF SUCH MEMBERS AND DEFINING THE DUDES OF SUCH BOARD. Councilman Kissock questioned the seven members, stating that the Board recommended five, that he thought that with seven members, it would be difficult to function. The City Manager stated that he felt it would be better to have seven members, that there would be a lot to do and would like to have it as administrative as possible. Stuart Case was present and stated that as a member of the Board he had helped draft thely laws and that they did recon¢sendfive.members, however, he had no objection to seven members. The Assistant City Attorney stated the ordinance can be amended if necessary. Mr. Case stated the Board meets the last Wednesday of the month. Motion was made by Councilman Kissock, seconded by Councilman Troxell, that Ordinance No. 26, 1970, be con- sidergd favorably on first readingthis 16 day of April, 1970, to be presented for final passage on the 7th day of May, 1970. Roll was called resulting as follows: Ayes: Councils- men Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The amendment to the zoning ordinance allowing for Highway Service zoning was discussed. The City Planner explained the revised changes, stating the.uses permitted should be changed to R-M use with R-H density and fencing from fence or screen, The ' Assistant City Attorney stated his office would draft a7-resolution next week. 170 The City Manager stated that Article 13, relating to Fireworks, of the Fire Prevention Code, was deleted by Ordinance No.71, 1966. Chief Yonkers of the Fire Department stated that for the last three or four years they had been trying to enforce the State Code but had been very unguccessful because of the uncertain amount of powder'.in various types of fire works, also it was just as impossible for the Police to enforce this law. He stated the Manuracturers change the type and powder content every year, that he had sent the manufacturerers our Fire prevention Code but they did not comply. He stated that any explosive is bad. That there will be some sold outside the city limits and brought in the. City, and as the City grows we have to have more and better control. That other larger cities have adopted the State Code. He said fireworks have caused accidents and deaths, that several accidents were reported by the hospital and others probably have happened that were +$ i not reported. He stated that we would bedoing much for the citizens by eliminating fire works altogether and felt weshouldtake'some action before the dealers start buying their supplies, that Greeley and Boulder have already adopted Article 13. Chief Smith of the i Police Department was present and stated that trying to enforce this Code was almost impos- sible, that some,_1iglit think that banning fireworks is taking pleasure away from some youngster but in reality could save some child's life and that'he thought they should be done away with all.:together. The City Attorney stated he could draft an emergency ordinance adapted to local conditions. Motion was made by Councilman Kruchten, seconded by Council Lopez, that the matter be referred to the City Attorney to prepare the necessary ordinance. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The follotai.ng resolution was presented and read at length: RESOLUTION 70-36 OF THE COUNCIL OF THE CITY OF.FORT COLLINS REFERRING TO THE CITY ENGINEER.PETITIONS FOR THE ORGANIZATION OF STREET IMPROVEMENT DISTRICTS FOR CHECKING AS TO COMPLIANCE WITH THE REQUIRE- MENTS OF LAW v WEREAS, petitions have been presented to the City Council for the organization of Street improvement Districts on the following streets in the City, to -wit: Bishop Street between Leland Avenue and Maple Street;• Alpert Court between Stover StME�trand the end of Alpert Court as now platted; Plum Street between Taft Hill Road and.Glenmoor Drive; Glenmoor Drive from Plum Street to a point 135 feet South of Plum Street; Ponderosa Drive between Orchard Place and Mulberry Street; Laurel Street between Ponderosa Drive and a point 128 feet Tbst of Ponderosa Drive; Orchard Place between Ponderosa Drive and a point 128 feet west of Ponderosa Drive. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF. THE CITY OF FORT COLLINS that said petitions be referred to the City Engineer for the purpose of checking the same with respect to compliance with the requirements and provisions of Chapter 15 of the Code of Ordinances of the City of FortCollins,.Colorado, 1958, as amended, and for the purpose of ascertaining whether or not the owners of the required amount of frontage on said streets have properly and legally signed such petitions: Passed and adopted at a regular meeting of the City Council."zeld this 15th day of April, A. D. 1970. /s/ Karl E. Carson Mayor 'ATTEST: /sl John Bartel . ity Clerk , it 16, 1970 Motion -was made by Councilman Lopez, 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 tke ,motion adopted. The followig resolution was presented and read at length: RESOLUTION 70-3l OF THE COUNCIL OF THE CITY OF FORT COLLINS CONSOLIDATING CERTAIN PETITIONS FOR THE FORMATION OF A STREET IMPROVEMENT DISTRICT INTO ONE IMPROtD ENr DISTRICT, AUTHORIZING AND DIRECTING THE CITY.ENGINEEK TO MAKE THE.NECESSARY SURVE76'A1iD PREPARE THEMAPS, PLANS AND SPECIFICATIONS AND ESTIMATES OF COST FOR A PERMANENT IMPROVEMENT DISTRICT, TOGETHER WITH A SCHEDULE OF ASSESSMENTS FOR CERTAIN STREETS.AND ALLEYS IN THE CITY OF FORT COLLINS FOR THE PURPOSE OF CREATING A PERMANENT CONSOLIDATED IMPROVEMENT DISTRICT WERFAS, the owners of more than one-third of the property having frontage to..be assessed for the same included in the following areas, to -wit: Bishop street between Leland Avenue and Maple Street; Alpert Court between Stover Street and the end of Alpert Court as now platted; Plum Street between Taft Hill Road and Glenmoor Drive; Glenmoor Drive from Plum Street to a point 135 feet South of Plum Street; Plnderosa Drive between Orchard Place and Mulberry Street; Laurel Street between Plnderosa Drive and a point 128 feet west of Ponderosa Drive'; Orchard Place between Ponderosa Drive and a point 128 feet West of Ponderosa Drive; have petitioned the Qiy Council under the provisions of Chaper 15 of the Corte of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, relating to local public improvments for the organization of a permanent improvement district within the limits above defined for the purpose of improving various streets and alleys by the installation of curb, gutter and r street pavement; and WHEREAS, said petitions were duly received by the City Council and duly referred to the City Engineer for the purpose of checking the same with respect to compliance with the requirements and provisions of said Chapter 15; and WHEREAS, THE City Engineer has reported that said petitions do comply with such requirements and provisions and that the owners of the required amount of frontage on said streets have properly and legally signed such petitions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF.THE CITY CF FORT COLLINS that the City Council hereby finds that the improvements petitioned for in said petition are sub- stantially the same and said petitions are therefore consolidated into one improvement district to be known as Consolidated Street Improvement District No. 63; and BE IT FURTHER RESOLVED THAT the City'Engineer be and he hereby is authorized, . empowered and directed to make a complete survey of the proposed consolidated.district for the purpose of preparing a map, plans and speci£icat>ons and an estimate of the cost of said improvements in said district and the amount to be assessed to the respective lots an4 blocks and properties located in said district, said district to comprise and include the lots and blocks and lands abutting on said streets and alleys as hereinabove described, and all of said lots and lands to be assessed for the improvements hereinabove described, which said work, when completed, shall, with all convenient speed, be reported to the City Council for approp- riate action for the purpose of organizing said consolidated district as provided by law and providing for the construction of the permanent improvements therein in accordance with said plans and specifications. Passed and adopted at a regular meeting of the City Council held this 16th day of April, A. D. 1970. /s/ Karl E. Carson Mayor ATTEST: /s/ John Bartel City Clerk Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that this resolution.be adopted. Roll was called resulting as follows: Ayes: . Councilmen'6ars6n, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. 712 { : Councilman Kruchten stated that we need to change the size of our districts, that . some time ago that there was creationof sidewalk districts. The Director of Public Works stated that this district meets all of the requirements. There were not enough sidewalks needed to sta'rt an improvement district. He stated that there was a request for sidewalks in the northwest part.of town, but. did not recommend setting up one at this time. He stated that he would like to have the City Attorney check on revoking permits, that there are many coal pits under sidewalks in the downtown area and the tops on sidewalks are deteriorating. He said that due to the passage of an ordinance last year, sidewalks were included. The following report was presented and read at length: April 6, 1970 TO, Tom Coffey, City Manager ' .THRu: Charles Liquin, Director of Public Works- FROM: .Roy A. Bingman, City Engineer RE: Consolidated Street Improvement District No. 63. -" The City Council has previously referred,the petitions received Engineering Department ! for this year's street improvement district to the specifications and cost estimates. °.for the necessary surveys, plans, The streets for which petitions have been received, together with the percentage of the total frontage petitioning the paving is as -follows: j .. 1. Bishop Street between.Leland Avenue and Maple Street. .(Petitions - 90Z). 2. Alpert Court between Stover Street and -a point easterly. (Petitions - 70%) 3...Ylum Street between Taft Hill Road and Glenmoor Drive ,. (including abutting Glenmoor Drive between Plum Street and 135+ feet south of Plum Street). (Petitions - 55%) 4. Ponderosa Drive between Orchard Place and Mulberry Street Drive (including abutting Laurel Street between Ponderosa 1/2 of 1.' and 128+ feet westerly, and including the north abun Ponderosa Drive and 128+ tting Orchard Place betwee feet westerly). (Petitions - 51%) It. is recommended that all of the above streets and alleys be included in the Street Improvement District No. 63. ':The cost estimate. for the various portions of the district are as follows: 1.,.Bishop Street between Leland Avenue and Maple Street: 1061.62 feet Assessable frontage: ° Total estimated construction cost: $5085.00 Estimated construction cost per front foot: 4.79 Estimated cost per front foot (including 17%): 5.60 i -2. Alpert Court between Stover Street and a point easterly: fAssessable frontage: 512.02 feet Total estimated construction cost: $4459.00 Estimated construction cost per front foot: 9.22. Estimated cost per front foot (including 17%): 10:)9 Estimated City expense: none - 3. Plum Street between Taft Hill Road and Glenmoor Drive (including 'abutting Glenmoor Drive between Plum Street and 135+ feet south of Plum Street): Assessable frontage: ' 1537.60 feet •Total estimated construction cost: $8425.00 .Estimated construction cost per.fiont foot: 5.15 Estimated cost per front foot (including 17%): 6.03 Estimated City expense: 501.00 ' -4. Ponderosa Drive between Orchard Place and Mulberry Street (including' abutting Laurel Street between Ponderosa Drive and,128+ feet westerly, and including the north 1/2 of abutting Orchard Place between Ponderosa Drive and 128+-feet westerly): e Assessable frontage: 2863.75 feet 'Total -estimated construction cost: $23,786.00 Estimated construction cost per front foot: 8.21. Estimated cost per front foot (including 17%): 9.61 j' Estimated City expense: .260.00 Total estimated construction cost fqr the district: $41,755.00 Total°estimated City expense for the district: 761.'00 j5 In order to proceed with the improvement district, it is necessary r j -_for. the City Council to adopt the plans, specifications, and cost estimate j (j for the district, and publish notice of the district.. It is also necessary'to provide for the administrative expense of processing the district. The following are recommended percentages of l the t6tal cost to cover each portion of the expense: - Engineering: 6% 1 Legal and publication: 2% Interest during construction: 4% •Collection and certification to County: 5% �! TOTAL: 17% ..The recommended percentages, as listed above, differ from the 23% which vas used.in 1969. We feel that these amounts are more representative of the actual administration expenses. In addition, the Council must set forth the period over which the : cost of the improvement may be paid and t$e rate of interest which will be carried with the installments. It is recommended that these be ten = years and 6 percent. Reessppectful/ly' submitted, P/bkk Roy 'Ay Bingman City,Engineer -■ The following resolution was presented and read at length: i RESOLUTION 70-3$ OF TiiE COUNCIL OF TfiH CITY OF FORT COLLINS ADOPTING THE rEPvit' er Ti'E CITY ENCINErR ON ii'i. STI"ATFD COSTS A?:D ASSESS+[Et=1S FOR CNSOLIDATED STREET IsgIROVE-_ KLEN1 DISITICT ix0- 63 hi,D A,PPROVIEG THE DETAILS AND m,MG THE' NU?-18ER SPECIFICXIW,r,riVNI OF INSTFL..'Et'TS POW THE'rIm. V1 ia, hfllCii COSTS SHALL BE PAYABLE, THE RATE OF INT?REST TO BE CHARGED ON UNPAID I::STALL`i_NTS ANi IE PROPERTY TO BE ASSESSED FOR THE SA iE; X D AU'RiORIZING TfiL PUL:.ICATIOCy AND MAILING CF i;GTICE TO Tllii PR.OPnP O+ -ERS OF ALL REAL ESTATE IN SAID DISTRICT TO BE ASSESSED AND TO ALL PERSONS INTBRJR fED GEINMPALLY, AND FIXING THE DATE OF f:EARING i;1iL?1 Tt—. CITY CCUEyCIL WILL CGNSIDEIt 13Y ORDIIWNCE THE 011DERING .OF TEE- PRCPOSi D IkTROIE� hTS 1111EREAS, heretofore the City Council by resolution directed the City Engineer to naive a complete surrey of proposed Consolidated Street Improvement District No. 53 for the purpose of preparing a vamp, plans and specifications and estimate of the cost of said improvements in said district; and PHERLAS, the City Eneineor has made his report of the estimated costs and assassvents for said district and has presented the details and specifications for the sane; and e NOW, T1­1BEREFORE, BE IT RESOLVED SY TiiL COUNCIL OF THE CITY OF FORT COLLINS that the report and details and specifications as presented by the City Engineer for said Consolidated Street Improvement District No. 63 be and the same hereby are accepted and adopted; and That the assessments for the cast of installing the improvements in said district still be made upon all of the lots and lands abutting upon the streets, and alleys to be improved in the district in proportion as the frontage of each lot or tract.of land on a particular street or alley is to the frontage of all lots and lands on said particular street or alley so improved, all as provided in Section 1S=63(a) and 15-64 of the -Code of Ordinances of the City of Port Collins, Colorado, 1953, as mmonded; and , That said assessments shall be payable in ten (10), equal annual installments with interest on the unpaid installments at the rate of six per cent'(6%) per annum; and that the estiiastad costs and assessa;nts, map of the district, schedule shoAng the approximate amount to be assessed per abutting foot upon the several properties in the district, all as presented by the City Engineer, be and the same hereby accepted and adopted; and that Thursday, June 4, 1970, at the hour of 1:30 o`clock P.M., or as soon thereafter as the:laatter may, come on for hearing in the ' Council C:a=.bers of the City Hall, City of port Collins, is the date on which the Council of the City of Fort Collins will consider.the ordering by ordinance of the proposed improvements and hear, .ali ca.aoiaints and 175 1 16, 1970 objections that may be filed in writing concerning the propsed improvements by the owners of any real estate to be assessed or any persons interested in the same; and i. That the City Clerk be and he hereby is directed to give notice by publication and mailing to the owners of property to be assessed and all interested persons generally , all as set forth in Section 15-57 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended. Passed and adopted at a regular meeting of the City Council held this 16th day of April, A. D. 1970. /s/ Karl E. Carson Mayor ATTEST: %s/ John Bartel City Clerk I Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that this -- resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson i Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted.' y i Mr. Jerry -Roth again appeared protesting the rezoning of the property owned by the Columbine Nursing Home, 421 Parker Street. His property is adjacent to this rezoning. He stated that the Nursing Home is too long for the area, th4Lt the property used to be 30 feet i set back, whereas now it is 15 feet, that he cannot see the traffic when backing from his I driveway, and that he is quite concerned aigout the children. That the evaluation of this s. zogladng request be re -considered. He requested that this rezoning be postponed until this is studied, that Whedbee street is narrow and should be one way. Mr. Bob Nelson, Attorney speaking for the Columbine Nursing.Home, was present and 5 stated that the matter has been taken care of legally and was sorry to_take up more of the Council's time. He personally discussed all problems with Mr. Roth and that the variance was approved at the Zoning Board of Appeals April 14, 1970. He stated that Mr. Roth should . have appeared before the final reading of the ordinance, that the building is 15 feet from the curb. He said that Mr. Roth offered to sell his property for $20,000 and it was appraised at $15,000. Mr. Roth c2-41 d no price was ever quoted. The City Attorney stated that the Council had 10 days to rescind this action. The Mayor stated that this rezoning request -had gone through all legal -procedures. Councilman Lopez requested that the Council see the property and judge accordingly. The Mayor stated that they would inspect this property after finishing the agenda. Motion wasmade by Councilman Lopez, seconded :by Councilman Kruchten, that all members see this property before making the final decision. 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: 176 RESOLUTION 70-39 OF THE COUNCIL OF THE CITY OF FORT COLLINSGIVINGPUBLIC NOTICE CONCERNING A PROPOSED 0 INANCE CHANGNG THE THE ZONING MAP OF THE CITY OF.FORT COLLINS AND AMENDING.CHAPTER 19 OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWNAS THE ZONING ORDI- NANCE. WHEREAS, a written petition has been presented to the City Council requesting that the zoning classification for the property more particularly described in the "Notice of Public Hearing" attached hereto be changed from R-H, High Depsi* Residential District, and B-G, General Business District, to B-L, Limited Business District; and WHEREAS, the Planning and Zoning Board has made a study of said rezjoning request and has held a hearin and made a report and recommendation thereon, all in accordance with the provisions of Section 19-46 of the Code of Ordinances of the City of Fort Collins, 1958, as amended; and WHEREAS, the City Council desires to hold a public hearingon said rezoning request as required by Section 19-46.1 (5) of the Code of Ordinances of the City of Fort Colorado, 1958, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that May 7, 1970, at 1:30 P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers in the City Hallof the City of Fort Collins is hereby set as the time and place for a public hearing on said rezoning request; and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a Notice of said hearing as provided in Section 19-46.1 (5) of the Code of Ordinances of theCity.of Fort Collins, 1958, as amended, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this 16th day of April, A. D. 1970. Y /s/ Karl E. Carson Mayor ATTEST: Js/ John Bartel City Clerk Motion was made -by Councilman Kruchten,-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 resolution was presented and read at length: RESOLUTION 70-40 OF THE COUNCIL OF.THE CITY OF FORT COLLINS GIVING PUBLIC NOTICE CONCERNING A.PROPOSED ORDI- NANCE CHANGING THE ZONING MAP OF THE CITY OF -FORT COLLINS AND AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORAD05 1958, AS AMENDED, COMMONLY KNOW AS THE ZONING ORDINANCE WHEREAS, a written petition has been presented to the City Council requesting that the zoning classification for the property more particularly described in the "Notice of Public Hearingl� attached nereto be changed from R-L, Low Density Residential District, to R-P, Planned Residential District; and WHEREAS, the Planning and Zoning Board has made a study of said rezoning request and has hald a hearing and made a report and recommendation thereon, all in accordance with the provisions of Section 19-46 of the Code of Ordinances of the My of Fort Collins, Colorado, 1958, as amended; and WIEREAS , the City Council desires to hold a public hearing on said rezoning request as required by Section 19-46.1 (5) of the Code of Ordinances of the City of Fort Collins, 1958, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that May 7, 1970, 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 ad place for a public hearing on said rezoning request; and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a notice of said hearing as provided in section 19-46.1 (5) of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, in the form attached hereto. 177 April 16, 1970 Passed and adopted at a regular meeting of the City Council held this 16th day of April, A. D. 1970. /s/ Karl E. Carson Mayor ATTEST: /s/ John Bartel City Clerk Motion was made by Councilman Lopez, seconded by Councilman Kruchten, tht this resolution be adopted. Roll vas called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Hayes: None., The Mayor declared the motion adopted. The follodug resolution was presented and read at length: 5 RESOLUTION 70-41 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPONTING W. ED WIGHT AS A MEMBER OF THE LAND- MARK PRESERVATION COMMISSION WHEREAS, Betty Woodworth, who was formerly a member of the Landmark Preservation Commission, has resigned as a member of such Commission; and VIDWAS, the City Council desires to appoint W. Ed Wright a member of said Com-, ' mission to serve out the unexpired term of the,.said Betty Woodworth, and Ed Wright has indi- cated he is willing to serve as a member of said Commission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that W. Ed Wright be and he hereby is appointed as a member of the Landmark Preservation Commission to fill out the unexpired term of Betty Woodworth on said Commission. Passed and adopted at a regular meeting of -the City Council held this 16tFf day o£ April, A. D. 1970. Y' /s/ Karl E. C -rson Mayor ATTEST: /s/ John Bartel. City Clerk Motion was made by Councilman Kruchten, 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 follwing resolution was presented and read at length: RESOLUTION 70-42 OF THE COUNCIL OF THE CITY OF FORT COLLINS REAPPOINTING MRS. GEORGE HENRY TO THE LIBRARY BOARD idWMS, the term of Mrs. George Henry as a member of the Library Board will expire on April 22, 1970; and WHEREAS, the City Council desires to reappoint said Mrs. George Henry as a member of such Board, and-sh has indicated that she is willing to accept such reappdntment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Mrs. George Henry be and she is hereby reappointed as a member of the Library Board, effective April 22, 1970, for a term of'four years. Passed and adopted at a regular meeting of the City Council held this 16th day of April, -A. D. 1970. " /s/ Karl E. Carson Mayor ATTEST: /s/ John Bartel City clerk 178 Motion was made by Councilman Troxell, seconded by Councilman Kruchten; that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmah Carson, 17 s- The following dedication deed vas presented and read at length: DEDICATION DEED MOW ALL WH BY THESE PRESENTS that the undersigned, being the otmers thereof, hereby dedicate, quit claim and convey unto the City of Fort Collins. Colorado,'a municipal corporation, a right of wady and easenr_nt over and across the folloving described real property, - situate in the County of Larin�:, State of Colorado, to -wit: Beginning at the northwest corner of the northeast quarter of Section 19, T7N, R68W of the 6th P.M., thence N88°59'40"E along the north line of raid northeast quarter 1061.26 feet, thence SO1'00'20"E 30.00 feet to the true point of beginning; thence continuing S01°00'20"E` 134.53 feet, thence along a curve to the left of radius 500.00 feet, the chord of which bears S05°29'20"E 78.17 feet, thence S09°58'20"E 227.96-feet, thence S74°36'40"W 100.46 feet, thence N09°58'20"W_ - 237.44 feet, thence along a curve to the right of radius 600.00 feet.- th ch of which bears N05°29'20"W 93.80 feet thence NO1°00'20"W e od r > 134.53 feet, thence N8805914011E 100.00 feet to the true point of beginning. to be used for street purposes and for the installation, maintenance, construction, and reconstruction of utility lines. DATED at Fort Collins, Colorado, this 9Nay of 1970. -- . _R . :•) T %d 1• ,. /! %yip 6� • /f/ �� � V � State of Co1•6rado ss. County of La r:nar The foregoing instrument was nc howledged before ne this d day of ��,:0 > 1970, by: a Pz ; 14oiary Public ..' =My commission expires: z �•.e.o .'NYC,•`` - ..- _ - l Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that this + dedication deed be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes:::.. None. The Mayor declared the motion- J adopted. The following communication was .presented and read at length: April 16, 1970 TO: Tom Coffey, City Manager THRU: Charles Liquin, Director of Public Works FROM: Roy A. Bingman, City Engineer RE; Bids for irrigation line. Two bids were received for the construction of irrigation lines at the new golf course.. The bids received exceeded the estimate of cost for the job and we therefore re commend rejection of the bids. H. R. Phillips has reviewed the bids and concurs in the recommendation. In talking to the irrigation company this week, we were able to get a reduction.in the size of the pipelines ad a relocation of one of the lines, which will result in the. elimination of four ditches running through the middle of the course. We are proceeding with plans for the installation o£.the lines prior to irrigation season. Respectfully submitted, _ Roy A. Bingman City Engineer The City Manager stated. the bid estimate was $15,000.005 bids received were $25,000,00, and agreed that this can be handled with change order.. He recommended that all bids be rejected. Motion was made by Councilman Kruchten, seconded by Councilman Kissock, that the recommendation of the City Manager be accepted and the bids be rejected. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayesa None. The Mayer declared the motion adopted. The following communication was presented and read at length: TO: Honorable Mayor and Councilmen THROUGH: Mr. Tom Coffey, City Manager. . FROM: Mr. E. M. Kuppinger, Purchasing Agent SUBJECT: 1000,00' 394.6 AAAC Canton & 5,000t 2/0 Triplex Sipho %L Cable Bids have been received and eaaluated covering consideration for purchase of:,.1000500 . ft. #6201 - O.H. Conductor & 5,000 ft. 2/0 Triplex Cable Seven Invitations to bid were sent; two were returned. A summary of the bids are as follows: #6201 2/0 Triplex Total Bid Essex Wire Corp $191.78/M' $ 310.00 M $ 20572 .00 Kaiser Aluminum 163.72/M' 296.00/M' 17,852.00 Mr. Bob Kost, Electrical Engineer has evaluated the bids and all specifications 4.v-1leen met by the low bidder. The recommenddbn is that Kaiser Aluminum be awarded the contract in the amount of,$17,852.00. Respectfully submitted, /s/ E. M. Kuppinger Purchasing Agent Motion was made by Kruchten, seconded by Councilman: Troxell, that the recommendation of -the 'Purchasing Agent be accepted and the bid of Kaiser Aluminum be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchera. Nayes: None.. The Mayor declared the motion adopted. The following communication was presented and read at length: I 2 - ' T0: Honorable Mayor and Councilmen THROUGH: Mr. Tom Coffey, City Manager FROM: Mr. E. M. Kuppinger, Purchasing Agent SUBMECT: western Red Cedar Poles Bids have been received and evaluated covering consideration for purchase of: 125 Western Red Cedar Poles Seven Invitatims to Bid were sent; five were returned. A summary of the bids are as follows: Niedermeyer-Martin $ 73400.00 Joslyn Mfg. & Supply 7,453.75 R. H. lbelan 7,560.00 B. J. Carney 6,672.50** Idaho Pole Company 7,607.50 Mr. Bob Kost, Senior Electrical Engineer, has evaluated the bids and all specifications have been met by the low bidder. The recommendation is that B. J. Carney Company be awarded the contract in the amount of $6.672.5o. Respectfully submitted, /s/ E. M. Kuppinger Purchasing Agent Motion was made by Councilman Lppez, seconded by Councilman Carson, that the ` recommendation of the Purchasing Agent be accepted. Roll was called resulting as follows: Ayes: Councilman Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The p Mayor declared the motion adopted. I The follwing communication was presented and read at length: TO: Honorable Mayor and Councilmen THROUGH: Mr. Tom Coffey, City Manager FROM: Mr. E. M. Kuppinger, Purchasng Agent SUBJECT: • 50 KVA Transformers Bids have been received and evaluated covering consideration for purchase of:. 12 - 50 KVA Transformers: 6 - 60 KVA with outside type bugings, and 6 - 50 KVA with ESNA submersible bushings. A summary of the bids are as follows: A_' B 6-Outside a Bushings' •6-ESNA Sub Bushings Ryall Electrical 29 •DD 3000.00 RTE Corporation 2976.00 2826.00 General Electric 32162.00 No Bid Mr. Rbbert Kost, Senior Electrical @rigineer, has evaluated the bids and all specifications have been met by the low bidder. The recommendat`_' . is that Ryall Electric (A) and RTE Corporation (B) be awarded the contract in the amount of $2964.00 & $2826.00. Respectfully submitted, E. M. Kuppinger Purchasin Agent. Motion was made by Councilman Lopez, seconded by Councilman Kissock, that the recommendation of the Purchasing Agent be'aecepted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. l The application of Kenneth W. Doty dba Campus Bowl Lounge, 830 North College 4 Avenue, for renewal of a Fermented Malt Beverage License to the City of Fort Collins and the P' . r State of Colomdo, was presented. The following report was presented and read at length: t April 15, 1970 r; TO: Mr. Tom Coffey, City Manager FROM: Ralph M.-Smith, Chief of Police SUBJECT: Application Renewal o£or Campus Bowl Sir: I have checked our records regarding the Campus ':Bowl and find that they have called us on numerous occasions regarding disturbances, drunks, etc. This is a good sign as it ng on the police to handle their problems, and are cooperating indicates that they are relyi by not allowing a violatiun of the law to take place in their establishment. I have checked with'the Juvenile Bureau and they know of no cases regarding under age drink- ing in this place of business. y I know of no reason why this application of renewal should not be granted. . Respectfully submitted; Ralph M. Smith ' Chief of Police Motion was made by Councilman Kiseock, seconded by Councilman Troxell, that this application be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, KissoA and 'Kruchten. Nayes: None. The Mayor declared the motion adopted. i Fermented The application of Elmer Peil dba Green Onion, 162 Linden, for renewal of a 1 Malt Beverage License, to the City of Fort Collins and the State -of Colorado, was presented. The following report was presented and read at length; T0: Mr. Tom Coffey, City Manager FRCM: Ralph.M. Smith, Chief of Police SUBJECT: Application Renewal for Green Onion Sir: 1. I have checked our records regarding the above -named establishment and find that they have called three times since the first of the year regarding false identificatinns, ljA uor law violations, etc. It is the consensus of 'my officers that their employees are attempting to handle the disturbances within this establishment and are not calling us as the law requires. I believe that due to the large volume of business that is done by this establishment, that an alarm system would be most beneficial both to them and the police departmnt. I believe also that their employees should be made award of the need to call us: whenever trouble breaks out, and that they should not attempt to handle disturbances on their own. I believe that when these requirements are met, that this license should be renewed. Respectfully submitted, /s/ Ralph M. Smith Chief of Police Motion was made by Councilman Kissock, seconded by'Councilman Kruchten, that this application be tabled for one week. Roll was called resulting as follows: Ayes: Council- men Carson, Troxell, Lopez, Kissock_and Kruchten. Nayes: None. The Mayor declared the motion adopted. The application of Paul Haumont dba Sirs, Ltd. Sir's Steak &.Stein, 1220 Collins West Elizabeth; to the City of 'Fort./ . and the State of Colorado, for renewal of a Fermented 183- The following report was presented and read at length: TO: Mr. Tin Coff ey, City Manager FROM: Ralph M. Smith, Chief of Police SUBJECT: -Application Reneual for Sirs, Ltd. - Sires Steak and Stein Sir: j I have checked the records and found that we have not been called to the above regarding any disturbances or any liquor violations since they opened. I'have checked with the Juvenile Bureau regarding this place of business, and they have advised me that they have not received _any information regarding juvenile violations. I know of no reason why this application for renewal should not be approved. Respectfully submitted., /s/ Ralph M. Smith Chief of Police Motion was made by Councilman Lopez, seconded by Councilman Kissock, that this application be approved. Roll 'as called resulting as follows: Ayes: Councilmen.Carson.? Troxell, Lopez, Kissock and Kruchten. Nayes: None: The Mayor declared the motion adopted. renewal'of The appliction of Paul Haumont dba Guiseppe's, 354 "t Street, for/a Fermented' Malt Beverage License, to the City of Fort Collins and the Sate of Colorado, was presented. i The followingY report was presented and read at length: April 15, 1970 TO: Mr. Tom Coffey, City Manager FROM: Ralph M. Smith, Chief of Police SUBJET: Application Renewal for Giuseppes ` Sir: I have checked our records for the above -named establishment; and find that we have had several calls, primarily regarding false identifications. The management of Giuseppes is most cooperative in calling us on not only False identifrations, but picking them so that they cannot be used again. I have checked with the Juvenile Bureau and they know of no violations of under age drinking at this establishment. , I know of no reason why this application for renewal should not be granted. Respectfully submitted, Ralph M. Smith Chief of Police Motion was made by Councilmen Kruchten, seconded by Councilman Kissock, that this appliaation be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declaredthe.motion adopted. A petition by Maurice L. Deines of Deines Homes, Inc, to rezone approximately 15 acres in the Edora Acres Second Filing, from R-L to RLM zone, was presented. Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that this_ be referred to( the Planning and Zoning Board for their recommendation. , Roll was.called resulting"as follows: Ayes:.. Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. declared the motion adopted. Nayes: None. 184 April 16, 1971. e A. Thomas o£ Faith Realty and Development Co., to rezone A petition by William 2.76 acres from R-L to RIM zone, Thunderbird Estates Fifth Filing, was presented. Motion was made by Councilman Kissock, seconded by Councilman Troxell, that this petition be oning Poard for their recommendation Roll was called referred to the Planning and Z resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchte1 Nayes: None. The Mayor declared the motion adopted. ition-.by Harvey M. Cohen, Ernest E. Foreman and Edward P. Snyder to rezone A pet 50 acres from CSU zone to R-H zone, vas presented. Motionr.was made by Councilman Kis"sock, teg that the .petition be referrecto the Planning and Zoning seconded by Counlcilman Kruch Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. 'The Council convened to reconvene as a Liquor Licensing Authority, to consider the' application for enlargement by William Goff dba Bills Aggie Liquors; 429 Canyon Avenue. Mayor Carson asked if this was a major or minor enlargement and was advised that it was a major project. According to rules and regulations, Mr. Goff cannot expand without ter discussion, motion was made by Councilman Kissock,t. approval of the City and State. Af ng date for this enlargement be set for May 21, seconded by Councilman Lopez, that the heari 1970• Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, s: None.' The Mayor declared the motion adpted. Kisscok and Kruchten: Naye The Council convened as a Liquor Licensing Authority, and the Mayor stated that the Council reconvened as a Council. _ Mr. John Miller, reporter for Radio station KZIX, appeared and asked for a report on the progress they had made with the Mexican -Americans and if.any charges.had been bought against Sergeant Rains. The Mayor informed,him that nothing has been decided as yet but think we are making progress. The following resolution was apresented and'read at length: RESOLUTION 70-43 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING RULES FOR THE FORT COLLINS MUNICIRAL COURT WHEREAS, Section 1 of Article XIV of theCharter of the City of Fort Collins Colorado provides that rules, procedures, costs and fees for the Municipal Court fo the City of Fort Collins shall be anacted by the Council upon recommendation of the Municipal Judge; and WHEREAS, the Supreme+Court of the.State of Colorado has promulgated rules of pro- cedure for municipal courts in the State of Colorado; and WHEREAS , the Judges of the Municipal Court of the City of Fort Collins have recom- mended the adopteion of the rules of procedure promulagted by the Colorado Supreme Court; and WHEREAS, the Judges of .the Municipal Court of'the City of Fort Collins have further recommended the adoption of local rules, of procedure;: which rules of procedure provide, for the assessment of costs and fees in certain instances. ATTEST: /s/ John Bartel CityClerk NOW THB UORB, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLDNS: }' Section 1. That the rules of procedure promulgated by the Colorado Supreme Court for municipal courts be and they hereby are adopted and the same shall be applicaUe in the Municipal Court of the City of Fort Collins. Section 2. That the local rules :.promulgated by the Municipal Court of the City of Fort Collins, including the fees and cos -us provided for therein, are hereby approved and the sare shall be applicable in the Municipal Court of the City of Fort Collins. ' Passed and'adopted at a regular meeting of the City Council held this 16th day of April, A. D. 1970. j` i Notion was made by Councilman Kruchten, seconded by Councilman Lopez, 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. a The Council recessed at 4:00 P.M. to leave and inspect the property of the Columbipe i' u - Nursing Home. The Council reconvened at 4.24 P.M. Motion was made by Councilman Troxell, seconded by Councilman Lopez, that the rezoning not be reconsidered. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared lthe motion adopted. Motion was made by Councilman Kruchten, seconded'by Councilu n Troxell, that the Council adjourn. Roll was called resulting as follows: Ayes: ' Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted and the Council adjourned. ATTEST: City Cler /s/ Karl E. Carson Mayor