HomeMy WebLinkAboutMINUTES-08/02/1973-RegularG2
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August 2, 1973
COUNCIL OF THE CITY OF FORT COLLINS, COLORAr.
Council -Manager Form or Government
Pegular meeting
A regular meeting of the Council of the City of Fort Coll.ns, Colorado, was
held on Wr4ay, Aug,=t 2, 1973, at 6:30 P.M. in the Cot::.cil Chambers of
the City Hall. Mayor Preble called the meeting to order; there were present:
Cvonc_lmnr Bowlinl, FPad, Lopez Preble, Reeves and Russe.l. Absent:
Councilman Gray.
Staff members present: Brunton, DiTullio, Bingman, Kane, Liquin, Cain,
March and Lewis.
Champion Western Store Recipient of
Merchant of the Montn Award
Chief of the. Fire Prevention Bureau, Donald Hisam, reviev d the inspection
of the above premises, stating it had recently been remoc_led, with a
100 per cent sprinkling system and was cited for their eJ`ahs Kv fire
prevention.
Mayor creole presented the Merchant of the Month award tc Air. Gene Corley
of the Champion Western Store and expressed the Council': appreciation
for their efforts in the field of Fire Prevention.
Minutes of the July 19, 1973, Council Meet:ng
Approved as Published _
Mayor Pre) -le stated copies ov the minutes of the July 19. 1973, meeting had
been received and hearing uo corrections they stood apprrved as published.
Application for a 3.2% Fern -rated Malt
Beverage License by Round the Corner
Restaurant, Inc., taken under advisement
This item had been tabled on July 19, 1973.
Councilman Russcl'_ made a motion, seconded by Councilman Lopez to remove the
item from the table for consideration. Yeas: Councilmen. BowlinE, Fead,
Lopez, Preble, Reeves and Pr —ell. Nays: None. V
City Attorney March .rated the application was in proper form, the necessary
posting and publishing had been ar,complished and that the police department
report was negative.
Attorney David Wood, representing the applicants called Ar. B. Edwin Massey,
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4749 Old Post Court, Boulder, Coloradv, to the stand and 1.: was sworn ,
by the Court Recorder. Attorney 'Wood submitted exhibits A tmenti), B (colored
photographs of a similar restaurant;, and C (petitions supporting the
,.,application. (Mayor Preble received the petitions for whatever value they
'migh* making a decision.)
Gya k'r °ohert Walker, Manager, 3d38 Oriottr:curt, Boulder, Colorado, was sworn
" �• by the Co:•rt recorder and gave oral testimony on the.proposed operation.
Council inquired into methods for checking 4-,I-ratification, the sub -lease
agreement, and on the le:.gth of tenui-e of the Manager.
Mayor Preble declared the hearing closed and stated a decision would be
rendered in due time.
Transfer of Ownership of 3.2% Fermented
Malt Beve:-sg:: License for th- Green Onion,
162 Linden Street, by Jane B. trummond, tabled
This item had been tabled on June 21, 1973.
Councilman Russell made a motion, seconded by Councilman Reeves to remove
this item frog: the table for consideration. Yeas: Councilman Bowling,
Fead, !uFez, Preble, Reeves and Russell. Nays: None. '
City Attorney March stated the applications was in proper form, the Police
Department report was negative, buc there was a letter sub;ai.t.ed by the
Law Firm of March, March, and Sullivan, stating in part, "the applicant
for the license did not have a lease for urc v.-Pitises."
Mr. Craig Drummond, son of the applicant, inquired if the lease had to
be secured prior to the transfer of the license and was advised that it
did.
Councilman Bowling made a c,otion, seconded by Councilman Fead to table the
application for transfer. Yeas: Councilren ?owling, Fead, Lopez, Preble, [r:
Reeves ana Russell, Nays: Norte.
Renewal application for a 3.2% Fermented Malt
3eA-eragP +.ir,:.; eP {nr Safewa; ;stores O
105 W. Prospect Approved
City Attorney March reviewed the Police Department report which stated,
in part, "no legal basis had been found for denial ."
r^11jgc ir,•:a., rnp:z made a motion, seconded by Councila::.t ;kw+ing t_, approve
the renewal application. Yeas: Councilmen Bowling, Fead, Lopez, Preble,
Reeves and Russell. Nays: None. '
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Renewal application for a 3.2% Fenaented Malt
Beverage License for Safeway Stores
425 South CoJlege Approved
Laity !"t,.o-.,c March reviewed the Police Department report which stated,
in Dart, "no legal basis had been found _':,. denial."
Councilman Re,:�,as made a motion, seconded by Councilman Russell to approve
the renewal application. Yeas: Councilmen Bowling, Fead, Lopez, Preble,
Reeves and Russell. Nays: Prone.
Transfer of Ownership Vor Sportsman Cafe,
1002 North College Avenue, by Pagoda Enterprise
Inc., Tabled
City Attorney March stated this transfer application had first come in as
an individual and then as a o3rporation, and that more time was needed by
the Police Department to complete their report.
Councilman Bowling made a motion, seconded by Councilman Fead to table the
transfer application: Yeas: Councilmen Bowling, Fead, Lopez, Preble,
Reeves and Russell. Nays: None.
Willow Lane Subdivision Plat and Unit
Development Plan for Willow Lane Approved
Director of Community Development, Roy Bingman, identified the area and
Director of Planning, William Kane, presented slides of the area, and
gave an oral report on the issues of adequate Ater pressure, storm water
retention and fire protection which had been resolved. Also Mr. Kane
provided a complete housing breakdown for one, two and three bedroom
units .ind the total units and density. Mr. Kane stated the staff and the
iliaoniing P; Zoning Board recommended approval.
Councilman Bo.,aling made a notion, seconded by Councilman Lopez to approve
the plat for Wklow Lane Subdivision and the Fait Development Plan. Yeas:
Councilmen Dowling, Fead, Lopez, Preble, Reeves and Russell. Nays: None.
Plat of Penthouse Subdivision A2Rr2ved
Director of Community Development, Roy Bingman, identified the area and
Director of Planni.nt, William vajo , presented slides of the location and
stated the developers had dedicated 50 feet for improvement of two streets.
The Planning Staff and Planning and Zoning Board both recompended approval.
Councllwan T. pnz made a motion, seconded.by Council?,.::.i Hassel t:; :pprove
the Plat of the Penthouse Subdivision. Yeas: Councilmen Bowling, Fead,
Lopez, Preble, Reeves and Russell. Nays: None.
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Ordinance adopted on Second Reading annexing
the Village East Fir=t Annexation
Director of Community Development., Roy A. bingman, identified the area.
Couacil;nzn bowling made a motion., s,�c:naed ov Co :,lcilman Fead to adopt,
Ordinance No. b6, 1973, or, second reading. Yeas: Councilmen lhtrling,;,;ad,
Lopez, Preble, Reeves and Russell.
ORDINANCE NO. 56 1973,
]BEING M ORDINANCE PMEXING PROPERTY I3\1011N AS THE
O VILLAGE EAST FIRST ANNEXATION TO ITIE CITY., OF FOR.
r COLLIN'S
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IVI E<REAS, heretofore, a written petition, together with four prints
of an 'annexation map was filed with the City Clerk of the City of Fort
Collins requesting the annexation of certain territory more particularly
described, below to the City, an"
ITHEREAS, the City Council has fund and determined and does hereby
find and determine that said petition is in substantial compliance with .
provisions of Colorado Revised Statutes, 1963, Section 137-21-6 as
amended, and
MIEREAS, the owners of 100." of the property to be annexed have
petitioned for said annexation, and
MIEREAS, not less than one -sixth (1/6th) of the perimeter of the
area to :,e annexed is, contiguous lrrith the City of Fort Collins and a com-
munity of interest exists between the territory to be annexed and the r,.ty
of Fort Collins and the territory to be annexed is urban or will be urbanized
in th- rp3r £ tr._ and such territory is i.ntegr�.'_ed or is carsble of t,-1.ng
integtcd •rith the City of Fort'Collins, and
1%iERPAS, none of the provisions of Colorado Revised Statutes, .
1963, Section 139-21-4, as amended; are violated by the a-r^axaticn of this
L territory to the City, and
N1I MFAS; no elec'.tion is rennireA imdpr the provisions of CnlnraiAn
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Revised Statutes, 1963, Section 139-21-6(2), as amended, and no additional
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terms and conditions are to be imposed in connection with this annexation,
and
1VMEAS, the territory is eligible for annexation and the City
Council desires to annex the same to the City of Fort Collins.
COLLINS:
NOW, THEREFORE, BE IT ORDAINED BY 71IE COUNCIL OF THE CITY OF FORT
Section 1. That all of the territory more particularly described
as situate in the County of Larimer, State of Colorado, to -wit:
A tract of land situate in the South 1/2 of Section 25, Township 7 North, Range 69 I'Jest.
of the 6th P.M., Larimer County, Colorado, which considering the South line of said
Section 25 as bearing S 8904513011 11 and with all bearings contained herein relative
thereto is contained within the boundary lines which begin at the Southeast corner of said
Section 25, and run thence S 89°45130" 11 2233.87 feet along said South line to a point .
on the centerline of Stover Street; thence along said centerline, N 00*1413011 I4 140.00
feet, and again along the arc of a 360.33 foot radius curve to the left a distance of
284.28 feet; the long chord of which bears N 22*5012511 W 276.97 feet, and again N 45°2612�
1; 263.06 feet, and again along the arc of a 477.66 foot radius curve to the right a
distance of 378.Sl.feet, the long chord of which bears N 22°43'10" IV 368.95 feet, and
again North 200.00 feet; thence N 8904513011 E 2664.23 feet to a point on the East line
of said Section 25; thence S 00023130/1 E 1122.00 feet to the point of beginning, con-
taining 63.5934 acres, more or less, and being subject to rights of %:,ay over the Southerly
30 feet thereof for llorsetooth Road and over the Easterly 30 feet thereof for Lemay
Avenue, and to a right of way over the Westerly 40 feet thereof for Stover Street.
be and it hereby is amiexed to the City of Fort Collins and made a part
of said City to be ]mown as the Village East 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
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annexed except as may be provided by the ori.dinances of the City of -Fort
Collins.
Introduced, considered favorably on first reading, and ordered
' published this 5th day of July, A.D. 1973, and to be presented for final
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passag6 on, the 2n(; dw, of August. A.D. 1973.
Flayor.
Passed and adopted on final reading this 2nd day of Au,;nast, A.D.
1973.
I ayor
AT'i BST:
City .per:
First Reading: July 5, 1973 (Vote: Yeas:6 ; Nays: 0)
Second Reading August 2, 1973 (Vote: Yeas:6 ; Nays: 0)
Published: 7u1 1973 and ust 7, 1973
lity CTe_r
Ordinance ,dopted on second reading establishing,. plat
and filing fees relating to annexations
COUncilman Bowling made a motion seconued by Councilman Feaa to a,,opt
Ordinance No. 62, 1973, on second reading. Yeas: Councilmen Bowling,
Fead, Lopez, ^reble, Reeves and Russell,
OPDTWNCE NO. 62 , 1973
BRING AN ORDINANCE RELATING TO THE
ANNEXATION OF LANDS TO THE CITY
BE IT ORDA*.NED BY '11F COUNCIL OF TH: ::ITY OF COLLINS:
Section 1. Annexation of lanja to the City of Fort Collins shall be
in accordance With the IsWe of the State of rnlorad.' in cffcct frz'm' Line
to time.
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Section 2. All petitions for annexation and annexation plats shall '
be submitted to the Planning Director of the City and the Planning Director
shall forward the same to the next meeting of. the Planning and Zoning Board
held at least fifteen (15) days after the date lie receives the petition
and plat.
Section 3. The Planning and Zoning Board shall hold a hearing on the
matter of such annexation and shall make their report and recommendation
thereon to the Jity Council. Such report shall include a recommendation
on the proper zoning for said lands in the event the City Council annexes
sucn land- to ece City.
Section 4. In order to cover the costs incurred by the City in connec-
tion with the annexations of lands a fee of Fifty Dollars ($50.00), plus
a recording charge of Ten Dollars ($10.00) per sheet shall be paid to the
City by the petitioner at the time the petition for annexation and annexation
plat is filed' with the City.
Introduced, considered favorably on first reading, and ordered published
this 19th day of July, A.D. 1973, and to be presented for final passage
on the 2nd.day of August, A.D. 1973.
ATTF,ST • Mayor
City Clerk
Passed and adopted on final reading this 2nd day of August, A.D. 1973.
ATTEST;
Mayor
City Clerk
First reading:
July 19, 1973 (Vote:
Yeas:
5; Na;,s: 0)
Second reading
August 2, 1973 tVote:
Yeas:
6; Nays: 0)
Publi.iled:..
July 23 and August 7,
1973
Ordinance 4Dpted on second'readingestablishing plat
and filing tees relating to ,ubdivisions
Councilman Bowling made a motion, seconded by Councilman Russell to adopt.
Ordinance No. 63, 1973, on seconu reading. Yeas: Councilmen Bowling, Fead,
Lopez, Fr-ble, Reeves and Russell.
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ORDINANCE NO. 4 3 , 1973
BEING AN ORDINANCE AMENDING SECTION 99-4
OF -THE CC97 or THR CIAT, CF .ORT COLLINS
RELATING THE, SUBDIVISION OF LANDS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Section 99-4B(I) be,'and the same hereby is,
^� amended by deleting therefrom the words and figures "Fifteen Dollars.
($15.)" and by substituting therefor the words and figures "Fifty Dollars
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Section 2. That Section 99-4C(1)(a) be, and the same hereby is,
amended to read as follows:
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"(a) The subdividers shall supply the original signed
final plat and fourteen (14) copies to the Planning
Director, at least ten (10) days before the scLedui.tj
meeting of the Planning and Zoning Board at which the
matter is to be considered. The following fees shall
be paid at such time to cover the cost of processing
and filing the final plat:
1 Lo 4 in- subdivision--$25.00 plus recording
costs--$10.00 per sheet.
5 or more lot subdivision and subdivisioh plats
in connect?nn with unit development plan--450.00
plus recording costs--$10.00 per sheet."
introduced, considered favorably first reading, and ordered
published this /9-'/ day of A.D. 1973, and to be
presentec for final passage on tho _ day of , A.D. 1973.
ATTEST: Mayor
ri,ty Clerk
Passed and adopted on final reading this 7_ ,_,.V day of
A.D. 1913.
A7 EoT: 'Mayor
('1 v Clerk
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First Reading: July 19, 1973 (Vote: Yeas: S; Nays:O)
Second Reading: August 2, 1973 (Vote: Yeas: 6; Nays:0) '
Published July 24 and August 7, 1973.
Attest:
�'` ..
ity ler .
Ordinance adopted relwting to th;> t.e,m of ::iembersnip
of the Human Relations Coimnission
Councilman Bowling made a motion, seconded by Councilman read to adopt on
second reading Ordinance No. 64, 1973. Yeas: Councilmen Bowling, Fead,
Lopez, Preble, Reeves and Russell..
ORDINANCE NO. �% , 1973
BEING AN ORDINANCE 41ENDING SECTION 2-17 OF
THE CODE OF THE CITY OF FORT COLLINS
RELATINC TO THE TERM OF MEMBERSHIP ON
THE JJUA�"2 mi LATIONS COMMISSION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 'FORT COLLINS:
That.Section 2-17 of the Code of the City of Fort Collins be,
and the same hereby is., amended by changing the second sentence of such
Section to read as follows:
"Members of said Commission shall serve for four (4)
years or until the?.r c.:cccssors are apnoi,.t�d and
appointments to such Commission small be such as to
achieve overlapping tenure."
Introduced, considered favorably on first reading, and :rdered
published this 19th day of July, A.1': 197s, and to be presented for final
passage on.the 2nd day of August, A.D. 1973.
"ayor
ATTEST
City Clerk- ,
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Passed and adopted on final reading this 2nd day of August,
A.D. 1973.
Mayor
ATTEST:
City Clark
r First Reading: July 19, 1973 (Vote:" Yeas: 5; Nays: 0)
Second Reading: August 2, 19'/3 (Vote: Yeas: 6; Nays: 0)
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;Q published July 24 and August 7, 1973
Attest:
Cit�yClerk,
Ordinance adopteu on sxoiid reading relating to t1,e
membership of the Golf Board _
' Councilman Bowling made a motion, seconded by Councilman Russell to adopt on
second reading Ordinance No. 65 relating to the membership of the Golf Board.
Yeas: Councilmen Bowling, I•ead, Lopez, Preble, Reeves ar.'_ P.uss..:l. Nays: None.
ORDINANCE NO. 6 jl�', 1973
BEING.AN ORDINANCE AMENDING SECTION 2-50 OF THE.
CODE OF THE CITY OF FORT COLLINS RELATING TO THE
1451BERSHIP OF THE CTTY Ox FORT COLLINS C)L. BOARD
BE IT ORDAINED BY THE COUNCIL OF T:1E CITY OF FORT COLL11:3:
That Section 2-50 of the Cude of the City of Fort Collins be,
and the same hereby is, amended to read as fuji.lows:
"Section 2-50.. Creation Membership Appointment T-rm.
"There is hereby created ih�, City .,i For- :',ollins Golf
Board which shall consist of seven (7) members to be
appointed by the City Council. Members of such board
shall serve a term of four (a) ;ears or until their
successors are appointed and the initial appointment
' shall specify the term of officd of each individual
in order to ach`.cce overlapping of ten, -ire. Ail.tnembers
shall be subject to removal by the Council. liie Director
of Parks and Recreation shall meet with such board and
shall be the liaison between the City administration
and the board."
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Introduced, considered favorably on first reading, and. ordered
published this 19th day of July, A.D. 1973, and to be presented for final
passage on the 2nd day of August, A.D. 1973.
Mayor
ATTEST
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Passed and adopted on final reading this 2nd day of August, A.D
1973.
Mayor
ATTEST:
tity Clerk
First Reading: July-19, 1973 (vote: Yeas:S; Nays: 0)
Second Reading: August'2; 1973 Note: Yeas:6; Nays: U)
Published July 24 and August 7: 1973
Attest:.
Citler
Ordinance adopted on first reading relating
to :approval procedure for sutvii..vision plats
Citp Atcorrey March stated this ordinance had not been published, therefore, it
was necessary to consider it on tirst reading again.
Cotuicilman Russell made a motion, seconded by Councilman Bowling to adopt on
f.-rst reading Ordinanc-- 6b, 1973, relating to the procedure for subdivision plats.
Yeas: Councilmen Bowling, 1-'ead, Lopez, Preble, Reeves and Russell. Nays: None.
- Vrdinance lleni-1 o first r:,-ding Rezoning.
Property by Hamilton and Wilson
Director of Community Development, Roy A. Bingman, identified the area; Planning
Director, William Kane, stated the area in question involved 1.4 acrea,,currently
zoned.R-L, lot: density residential, the requested zone was,B-P, planned business.
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The Staff had recommended denial as had the Planning and Zoning Board.
' Council reviewed the spot zoning question; the adjacent zoning, residential
nature of the area; traffic on Mulberry and strip development.
Speaking ill favor of the ordinance was Mr, B vice F.F,er:,n, representing the
petitioners.
Councilman Bowling stated he felt this property would be back for council review
on re -zoning in the future because of the residential aspects or. the area.
Attorney, William Justus Wilkinson spoke .in opposition to '•.e ordlna„cs u " to
rany possible increased traffic on Mulberry. Street.
=� Councilman Lopez made a motion, seconded by Councilman Reeves to deny Urdinance
No. 67, 197.5. Yeas: Councilmen Bowling, Fead, Lopez, Preble, Reeves and Russell.
Nays: None.
Ordinance adopted on first reading Rezoning
Property at the 600 Block Lesser Drive
Director of Community Development.. Roy A. Bingman, identified the area in
question; Director of Planning, William Kane, stated this :: had been rezoned
in 1965 and the current zone posed a problem with remodeling homes in this area;
the recommendation from the Planning and zoning Board was for approval.
' Councilman Bowling made a motion, seconded by Councilman Fead to approve '
Cl-zii La,ice No. 68, 1973, or. first reading. Yeas: Councilmen Bowling, Fead,
Lopez,_Preble, Reeves and Russell. Nays: None.
Ordinance denied on first reading Rezoning
Property by Barbara and Vance Phipps
Director of Community uevelopment, Roy A. Bingman, identified the area; Director
of Planning, William Kane, spoke to the spot zoning concept in the request t^
re -zone from R-M, medium density residential district to R-Il, high density
residential district and the Staff and Planning and Zoning Board recommendation
for denies.
Attorney William Justus Wilkinson spoke in opposition to the rezoni=,g request
and submitted three petitions with 29 signatures from adjacent propert_, ownerc
representing opposition. The petitions were received by M:.ycr Preble.
Counr'i' ;an Lcie- :';,ade a motion to deny Ordinance No. 69, seconded by Councilman
Yeas. Yeas: Councilman Bowling, Fead, Lopez, Preble, Reeves c:d T:uss ll. Nsys:
None.
Ordinance adopted on first reading zoning .
_ The Village East First Annexation
' Director of comramity Develc.,ment, Roy. A. Bin-iian, identified the area and stated
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the requested zoning was R-P, planned residential and R-L, low density residential '
district. Director of Planning, William Kane, spoke to the Planning and Zoning
Board recommendation for approval.
Councilman Reeves inquired if the 4u acres could bl. a Phil. Mr. Roy A. Bingman, stated
the property to the East owned by the same developer was zoned R-L-P...
Councilman Bowling made a motion, seconded by Councilman Fead to adopt Ordinarce
No. 70, 1973, on first.reading. Yeas: Councilmen Bowling, Fead, Lopez, Preble,
Reeves, and Russell. Nays: None.
Ordinance Adopted on first reading Creating and
Organizing Consolidated Street Imp. Dist. No. 68 and
Authorizing the issuanceof bonds to pay the cm of
Construction
City Attorney March stated a remonstrance had been filed and stated it should be
read into the record oy the City Clerk. (Letter from Marvin Keith, et ux, 1451 S.
Taft Hill Road in Central Files.) City Attorney March then asked if the owners
of this property amounted to 50 percent or more of the frontage area to be assessed
in that portion of the District. Dire -tor of Community Development, Roy A. Bingman
stated he could not answer without checking since it -was not a platted area and he
did not know the dimensions of the property; City Attorney March stated, for Council
clarification, that if the owners are the owners of more than 500 of the y oporty.
in question on this section of the ;`district,- and they -petition against the forming .. ,
of the district,.then theLordinances require that the improvements shall not be
crdcrcd unless the City Council by an affirmative vote of all the members, find!.
and determines that the public interest requires the making an acquisition of
the proposed vmprovements. Mr. Bintman stated the information required would
be available at the next Council meeting and City Attorney March stated his
suggestion was for Council to go ahead and consider the district.,
Mr. Bingman stated there were two other areas.of the ordinance Vat ;houl.d be
discussed (1) that the corner property will pay for both parts of the prepe.cy
and (2) that where an assessment was a burden, City Council desires it "may,
except particular properties in the district., from assessments or sower the
amount of the assessment against any particular property and change the City at
large with the amount so expected or reduced from assessment."
Director of Ca-,aaanity Development; Roy Bingman, reviewed the other portiuns ..
of the district. City Manager Brunton read from the letter from Colorado State
University in which they agreed to provide the right-of-way for the west half of
City ra_n A"enie and pay for the construction cost of $14,676,00.
Councilman P.eeves inquired if the district included paving only one-half of
Hickory Street. . Mr. Bingman stated the north half would be paved, the
properties on the south had low valuations and the City would have to assume the
cost, and the recommendation was to proceed. .
Attorney David 0.1:oxn, rep,r!5wnting Valley Steel and Wire, spoke tc the curb cuts '
allowed; Mr. Carlton Wade, 236 Fishback, inquired into the improvement of
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Maple Street; Mr. William ' Hanson spoke to the traffic congestion and traffic movement at City Park Avenue, Mr. Earl Hurd, Manager o{ Hickory Street
Mobile Home Plaza, spoke in favor of the portion of the, .district improving
Hickory Street.
City Attorney March stated a determinvtian on the remonstrances shoulu' Lc iaad_•
with a full Council prior to second reading of the ordinance.
Council=i Lopez ^!ade a motion, seconded by Councilman Bowling, to adapt
Ordinance No. 71, 1�75, on a'irst reading. Yeas: Councilmen Bowling, Fead,
Lopez, Preble, Reeves and Russell. Nays: None.
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`fir, Recommendations from Water Board regarding
aj water and sewer rates accepted.
-W Water Board Chairman, Ward Fischer, stated the following members of the Water
Board were present: Fred Feit, Norman Evans, James Waltz, Bernie.Cain, Jr.,
also Mr. Carl Houck of Black and Veatch.
Mr. Fischer presented the following recommendations:
(1) That effective October 1, 1973 all rates for sewer service be increased
1CS% above present rates.
(2' I"effective October 1, 1913, all .rates for water be increased 65
' above present rates.
(3) That the Water Bcgrd hP il>truc ted to make recommex,dation
as soon as reasonably feasible, and prior to January 1, 1974, concernvug future
rate structures for all classes of water and sewer service within and without
the City of Fort Collins, Colorado, such recommendation to include consideration
of such economic; social, political, environmental and other factors as shall
be deemed relevant by the Board.
(4) Thaz in ;,a event the Council wishes to consider requiring the
installation of water meters, the Water Board be i;istructed to make recommendations
thereon as soon as reasonably feasible, and prior to January 1, 1975.
Mr. Fischer also read th" following portion from the Black and Veatch recommenda-
tion:
"Concerning the Sewer Utility, the need for the City to take action to complete
the rate study shculd be stressed. The City has received a tentative commitment
of $4,137,000 in c_lostruction grams from the EPA for two major construction
projects. This a-Dur.ts tc 75 per cent of th- construction cost, with the City
obligct.d to supply the remaining 25 per cent, or approximately $1,400,000. The
only way for the City to raise this money uy 1974 when it is needed, is to issue
bonds eavly in 1974. Because of restrictive covenants in the City's existing
sewer .revenue bond ordinance, the City must have revelxue coverage of 130 per cent
' in the year pr.� eding the new bond issue: The only way for this to be accomplished
is to impxement an average sev: r service charge revenue inc-^ase of 105 per c_:+t
by October 1, 1973. if th- ;' .ty does not raisF its' seiy,;. service charge rz,os
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by that time, it will jeopardize the City's chances for receiving.over
$4 million in construction grant funds, not to mention jeopardizing the
construction of sorely needed treatment facilities. The City could choose '
to proceed with the sewer rate study independently of the water study, but
we would recommend that both water and sewer studies be conducted -,concurrently
since the present sewer rates are dependent on water rates and to separate
the sludies.would So more Un- coiisi.ning and costly.n
'Black and Veatch, representative Carl Houck and Water Board Chairman,
responded to questions from Council and the public relative to bonding and
the effect of an'r horea6o on those people on fixed incomes. After consider-
able discussion, it was determined that Council would review the recommendation
at s ::ar:. scs2i.on.
City Attorney March stated Council needed"to give him instructions on August
16, 1973 to draft an ordinance on any increases for hearing and first
-.eading on September 6, 1973 to make the increase effective on October 1, 1973.
Councilman Lopez made a motion, seconded by Councilman Bowling , to accept
the report of the Water Board. Yeas: Councilmen Bowling, Fead; Lopez,
Preble, Reeves and Russell. Nays: None.
Ordinance adopted on first reading establishing
a Local Liauor Licensing Authority
Councilman Bowling spoke to the appeal procedure, and Council review on
use of the parks; Councilman Reeves spoke to her desire to include a section '
in the ordinance that no person would serve on the authority that had any
special interest in the sale of alcholi: beverages and Councilman Lopez
spoke to the poiitrcal ie3ponsi6ilities of the Council.
City Attorney March stated there were provisions of the Ordinance thereby
the authority would report, at least once a year, to the Council. City
Manager Brunt�r_ :stated a great deal of the administrative procedure would
revert back to the administration.
Councilman Bowling made a motion, seconded by ULuicilman Reeves, to amend
the ordinance to include the following language: "No person holding a
licansw for the sale of alcoholic beverages or 3.2% fermanLed malt beverages
shall serve as a member of the authority. Yeas: Councilmen Bowling, Fead,
Lopez, Prc'.;le, xeeves and Russell. Nays: None.
Cnimcilman Lopez made a motion, seconded by Councilman Bowling, to amend the
ordinance by striking three members and adding five members appointed by
the Council. Yeas: Councilmen Aawling, Fead, Lopez, Preble, Reeves and
Russell
Councilman Lopez made a motion, seccniad by Councilman Bowling, to adopt
Ordinance No. 72, 1973, as amended. Yeas: Councilmen Bowling, Fead, Lopez,
Preble, Reeves and Russell. Ncys: None.
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Ordinance adopted on first reading relating
to the care and protection of trees _
' City Attorney March stated this ordinance was intended to streamline the
financial portion of the existing ordinance, as it relates to the billing for
tree work.
Councilman Bowling made a motion, secc,ided by Councilman Fead, to adopt
Ordinance No. 73, 1973 on first reading. Yeas: Councilmen Bailing, Fead,
Lopez, Preble, Reeves and Russell. Nays: None.
Resolution adopted granting a 3.2% Fermented
O Malt Veverage License f; !tay'!- Supo.
Market, 622 North College Avenue
M
Councilman Lopez made a motion, seconded by Councilman Bowling, to adopt the
resolution. Yeas: Councilmen Bowling, Fead, Lopez, Preble, Reeves and
Russell. Nays: None..
RESOLUTION 73-62
OF ITIF COUNCIL OF THE CITY OF PORT COLLINS CONCERNINu^
AN APPLICATION FOR A CLASS B LICENSE TO SELL NON -
INTOXICATING MALT LIQUOR Aim SETTING FOR'ITI THE FINDINGS
OF THE CITY COUNCIL ON SAID APPLICATION
The application of Gary Lee Crites and Victor H. bk:Donald d/b/a
Ray's Little Supermarket for a Class B License for the sale c. non -intoxicating
mal.k liquor came on for hearing on July 19, 1973, before the City Council
and tha City Council having heard the test -,.any and received i:n- evidence
produced at said hearing and haring considered —id weighed the same and
being familiar with the neighborhood for which the license is sought, now
makes the following findings:
The license sought by the applicant s for a location at 622 "
North Collage Avenue, Fort Collins, Colorado, said site being occupied
as a retail grocer,, store, the lice^Te oe rg sc%ght in connectio„ with
such business.
2. The testimony and petitions presented by the applicant at .
' the hearing 0--re to the effect, that the inhabitants of the neighborhood
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desire that the license be granted and the needs of the neighborhood require
the granting of this license. No substantial testimony or petitions were
presented contrary to this postition of the applicant.
It is therefore the opinion :md fi,iding of the City Council that:
A.. .The inhabitants of the neighborhood desire that the license
be granted.
B. The needs of the neighborhood require the granting of
the license.
NOW, 'ITIERHFORF., be it resolved by the C-)uncil of the City of. Fort
Collins that the application of Gary Lee Crites and Victor H. McDonald d/b/a
Ray's Little Supermarket for a Class B License for the sale of non -intoxicating
malt iiquur at 622 North CoC-P Avenue, Fort Collins, Colorado be and
the same is hereby. granted.
Passed and adopted at a regular meeting of the City Council held
this 2nd day of August A.D., 1973.
mayor
AITEST:
rites
Resolution adopted on requirements for
sale of Old Fire Station I
City Manager Brunton siated this was primarily to gi:o the adiuinistracion
the authority to take bids on old lire station No. I, and th9.t the staff had
studied alternate uses for the property. Councilman Russell inquired if
it had been determined beyond a doubt that ;:his was not the site of one of
t'..e capital improvement programs. City Manager Brunton stated it appeared
that this i%uold not be true and the onl; other alternative was -to keep the
building vacant ..r lbase it out, untii'the determi..iation -.,as made.
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Courailman Reeves stated she would not want to finalize the sale until the
site location study was completed. City Manager Brunton responded that if
the resolution were approved, normally bids are only kept open for 30 days.
Mr. David Osborn spoke to the question requesting a bid at a public auction.
City Attorney March stated the City could do either.
Councilman Russell made a motion, seconded by Councilman Lopez, to adopt
the resolution. Yeas: Councilmen Bowling, Fead, Lopez, Preble and Russell.
Nays: Councilman Reeves.
RL'SC:.LTICN ? 3-„s'
OF THE COUNCIL OF WE CITY OF FORT COLLiNS'DW14INING
TiWT CERTAIN REAL PROPERTY OPINED BY TI-M. CITY IS NOT
NEEDED BY T13E CITY FOR MUNICIPAL PURPOSES AND THAT IT
IS IN THE BEST INTERESTS OF THE CITY TO DISPOSE OF AND
SELL SAID PROPERTY AUTHORIZING THE CITY MAI`WGER TO INVITE
AND ACCEPT BIDS FOR TIl- PURCHASE OF SAID PROPERTY AND
AUTHORIZING TTIE MAYOR AND CITY CLERK TO EXECUTE A DELD
OF CONVEYANCE FOR SAID PROPERTY
11HEREAS, the City of Fort Collins is the owner of certain real
property located in the City described as follows:
Lots 6 and 8 in Block 13, City of Fort Collins accordir.^ to the
recorded plat thereof
which property is now the location of Fire Station No. 1, and
WHEREAS, the City has acquired a n_: site for such Piro Station
and is in the process of completing Lhe erection of a i:ire station on such
site, and
IVFIEREAS, upon the completion of such new fire station the property
described above will not be used or intended to ba Psed for municipal purposes
nor secured for the purpose of being used for municipal purposes and in
the opinion of the City Council :.t W it be in she hest interests of thr
City to dispose of and sell the same.
NON, 771ERLFORE, be it resolved by the Council of the City of Fort
Collins:
1. The City Council hereby finds and determines that the property
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described above is not used nor intended to be used ror municipal purposes
nor secured for the purpose of being used for mumicipal purposes and that
it is in the best interests of the City to dispose of and sell the same.
2. `ihe City Manager is hereby ;uc;,ori:ed andirected to invite
bids for the purchase of said property provided that the invitation for
such bids shall reserve in the City the power to reject any and all bids
wtd provided Further that such invitation for,Uidsha7?. ex_%ressiy provida
that no bid for less than $35,000.00 will be accepted. The terms of sale
shall be for cash.
3. The Mayor and"City Clerk be and they hereby are authorized
and directed to make a deed of conveyance on behalf of the City for said
property to the party making the hipliest acceptable bid for the same.
Passed and adopted at a regular meeting of the City Council held
this 2nd day of August A.D.., 1973.
ATTEST:
ity lerk
Mayor
Resolution adopted regarding the development
of housing for low income elderly residential
of the Cite
Cou :c :L-!-Rf.evF:_ 'inquired if this was :strictly for low income elderly,
Councilman Russell and City Manager Brunton discussed the possioili::y of th_
Nous?ng ^;,:t`�ority getting some supplementary rents for some of tine units
in the DMA Plaza I and H.
Councilman Lopez made a motion, seconded by Councilman Fead, to adopt the
resolution. '--Yeas: Councilme,i Bowling,'Fead, Lopez, Preble, R--eves and ilussell.
Nays: None.
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RESOLUTION 73-64
OF THE COUNCIL OF THE CITY OF FORT COLLINS REGARDING
THE DEVELOPIENT OF HOUSING FOR LOW INCOME ELDERLY RESIDENTS
' OF THE CITY
WHII2FAS, the City of Fort Collins hazi a substantial number of
low income elderly residents, and
WHEREAS, the D.M.A. has previously started and is now finishing
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;r construction of a housing complex designed to be occupied by low income
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elderly residents in the City, and
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1VI-IEI?I:AS, such project consists of 127 Units but more than 300
qualified applicants have applied for housing in the project, and
INHEREAS, the D.M.A. has applied for federal assistance in connection
with another housing complex intended to be occupied by low income elderly
residents of the City in addition to the one now under construction, and
' WHEREAS, in the opinion of the City Council the construction of
an additional housing complex for low income elderly residents of the City
is desirable and such complex would help to fill.a definite need in the
City.
NOW, THEREFORE, BE IT RhSOLVLD BY THE COMM OF TFiE CITY OF FORT
COLLINS that the City Council hereby finds and determines that there is
a substantial need for additional housing for low income elderly residents
in the City, and
BE IT FURTHER RESOVIED that the City Council supports the plans
of the D.i,I.A. to Lunstruct an addi`- naal :ous)ng romplex for. low
elderly residents and that the City will cooperate with the D.}:.A. in Proceeding
to make available such additional housing.
' Passed nregular d adopted rc a meeting of the City Council held
this 2nd day of August, 1973.
[d
YAM
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Report on bIountalft Bell Accepted
pity �•::_nager Brunton stated he had met with Mr. John Carm�..-k and thct Mnnntai.n
Bell has revised their system of parking their trucks and also. placing the cones
when they are doing repair work, for protection of Mountain Bell employees
and the neneral public. Mr. Brunton stated Traffic Engineer, .Joe Rice, had
worked with Mountain Bell and they would not go into the mar: holes to work until
8:15 A.M. in the morning and try to, be out by 5.00 P.M; reviewed the problem
of intersections and stated he had received cooperation from Mr. Carmack and
Mountain Bell..
Mayor Preble called on Mr. Carmack, who spoke to the question and answered
questions raised by Mr. R. H. Hambre, 809 Buckeye.
Proposal to exchange 31 shares of Mountaini Pi.ains
water for 93 uni;.s of tiorset:noth water approved
City Attorney March stated the City owned a total of 31 shares of Mountain and ,
Plai:•« ,ac:er, the City had a proposal to exchange on a three to one basis
f;,r Horsetooth water, the Water Board has considered this and recommended Lh:,t
the exchange take place anti Council could either approve or disapprove at this
time.
Cit, Manager Brunton stated the Water Board had ruled against taking No-fl, ..
Poudre water as an exchange.
Councilman Bowlir:y ;made a motion, seconded by Councilman Fead, to approve the
exchange. Yeas: Councilmen Bowling, Fead, Lopez, Preble, Reeves and Russell.
Nays: None.
Authorization given to proceed with Fast Drake
Road Stona Sewer ImprovE:aer.t
City Manager Brnr.on stated he and Director, of Community Development., Po v J;:ing;nan
had tours14 t, City after the recent rains and reviewed the proo�cm areas
specifically in the Parkwood area, where. improvements were necessary and the
neea to form several improvement districts. Mr. Brunton also spoke to the
possibility of setting up escrow accounts so that new development woulc] not
have to be re -assessed shortly after completion, or reservei money for storm
sewer projee:ts. ,
Director of Com;unity Devclvpn;cnt Roy Bingman Stated Cvwicil should refer this
iteri to the City Attorney for initiation of the district.
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Councilman Reeves made a motion, seconded by Councilman Bowling, to refer this
itme to the City Attorney. Yeas: Councilmen Bowling, Lopez, Preble, Reeves
and Russell. Nays: None. (Cow oilman mead out of room)
Administration authorized to proceed on Transportation
Plans
City Manager Brunton stated the administration had been receiving feedback
that the Citv of Fort Collins no longer has a consensus on a transportation
plan.. Mr. Brunton state: this was not a new plan, it was the 1967 Plan for
Progress plus the different direction from CSU, plus new developments in the
O City.
M City Manager Brunton stated the State `Highway Commission would be having a
meeting in Denver, in November and if staff is to make a presentation, they
should get direction from Council.
Councilman Bowling spoke to the improvement of Mason Street and Timperline
Road.
Mayor Preble stated staff should prepare a position paper and that Council had
voted for Route A.
Councilman Reeves inquired if the City did not need to prepare a transoorta-
ti.on study nn reaching 50,000 population and who.would prepare it. RAB
stated the City would do the study. City Manager Brunton stated lie would
like to schedule a meeting with Mr. Bower, the District engineer from Greeley,
in September.
Councilman Bowling spoke to his desire to see staff studies on the by pass.
City bLanager Brunton stated he would like authorization on (1) establishing
a meeting with the department of highways and (2) put thought down on paper
on the transpuitation study for over S0,000. Mr. Luther Hichman and Mr.
Ch-rles Shepardson spoke to the DT2 transportation committee and their desire
tc :)e included in mec`_ings with the State Engineer's office:
Councilman Fead made a motion, seconded by Council.ran Russell, to instruct
the administration to proceed with the report on the basin of previous Council.
Yeas: Councilmen :Fead Lopez, Preble and Russell. Nays: Councilmen Bowling
and Reeves.
Ordinance adopted on first reading relating
to Mobile Homes
City °.ttorn,_y Ma :-.h stated he had jjruvict d ::uw,cil with two drafts of this
ord_^once. The alarm system that was contemplated is in the code, however,
a battery model had now come out ;.iiiL . dues not have a standard, there would
be a standard in the 1974 code not now available. Mr. March also spoke to
the approval of such a Qvice by the Building Board -of appeals.
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Councilman B?Dwling made a motion, seconded by Councilman Peeves, to adopt
Ordinance No. 76, 103 on first reading. Yeas: Counci7n- i Bowling, Fead,
Lopez, Preble, Reeves and Russell. Nays: None.
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Bids atwardcd for 30.000 feet of overhead
conductor for'Light and Power, and Water
o Service fittings for Public Works Department
Councilman Russell made a motion, seconded by Councilman Reeves, to approve
both low bids as follows:
Alcan CaLle 30,000 feet of Triplex Cable $ 1,806.00
Southwestern Supply Company Water Service Fittings 9,850.00
Yeas: Councilmen Bowling, Fead, Lopez, Preble, Reeves and Russell.. Nays: None.
Bid awarded for purchase and removal of wood
frame structure from substation site at
Mulberry and Overland Trail
City Manager Brunton stated only one bid had been received.
Councilman Fead made a motion, seconded by Councilman Bowling, to award the
bid to Mr. Arthur F. Winkelman in the amount of $1,178.00. Yeas: Councilmen
Bowling, Fead, Lopez, Preble, Reeves and Russell. Nays: None.
Communication
Mayor Preble requested the City Clerk to read a letter from the CSU V-e eran's.
Association pertaining to the Mayors' Jobs for Veterans Task Force. (letter
in Central Files) City Manager Brunton stated Mike Di Tullio had been appointed
to this committee which had never met.
Councilman Lopez made a motion, seconded by Councilman Fead, that the Attorney
be instructed to research and come up with a reco;rmendation that provides the
Mayors' Jobs for Veterans Task Force with some tools to work with to promote
an affirmati+r action program in the area of hiring veterans. Yeas: Council-
men Bowling, Fead, Lopez, Preble, Reeves and Russell. Nays: None.
Councilman Reeves made a motion, seconded by Cvtncilman Lopez, to instruct
the City Attorney to prepare a draft ordinance in regard to parking campers,
et.c., _a driveways. Yeas: Councilmen Lopez, Preble, Reeves and Russell.
Nays: Councilmen Bowling and Fead.
Adjournment
Councilman Lopez made a motion, seconded by Councilman Fead, that the Council
adjourn. Yeas: Councilmen b wling, Fead, Lopez, Preble, Reeves and Russell.
Nays: 'gone.
Mayor
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f=BST:
its' y Cler
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