HomeMy WebLinkAboutMINUTES-12/14/1972-Regular273
December 14. 1972
COUNCIL OF THE CITY OF FOR COLLINS, COLORADO
Council -Manager form of Government
Regular Meeting
December-1-4-.—_19Z-2
A regular meeting of the Council of the City of Fort Collins, Colorado, was held
on Thursday, December 14, 1972, at 1:30 P.M. in the Council Chambers of the City Hall.
Present: Councilmen Carson, Lopez, Preble, Peterson and Fead.
Staff members present: Brunton, Liquin, Reynolds, Cain, DiTullio, March and Lewis.
Minutes of regular meeting of December 7 1972 - reading dispensed
On motion by Councilman Lopez, seconded by Councilman Preble, the reading of the minutes
of the December 7, 1972, meeting was dispensed. Yeas: Councilmen Carson, Lopez, Preble,
Peterson and Fead. Nays: None
Report and recommendations of Charter Review Committee - Adopted
CReport in Central Files)
Chairman Charles Shepardson presented the report and spoke to each question below:
I. Shall we recommend a proposal for a Charter Convention?
II. Shall we recommend submission of a proposal for Charter charges relating to com-
position, manner of election and other questions regarding the City Council?
III. Shall we recommend a change in salaries for Council members and the Mayor and,
if so, to what level?
IV. Shall we recommend the proposed amendment presently before the Council to change
age and residence requirements for Council members from age 25 years and residence
5 years to age 21 years and residence 2 years and placing such proposal on the
February ballot rather than the April ballot.
Councilman Lopez inquired into Question II D, "Shall the above recommendations be
presented separately or as a package?", and was given the basis for the decision by Mr.
Shepardson.
Mr. Nicholas R. Massaro, presented the minority report of the committee concerning
proposed number of districts; and spo}�epoorthe gEesjiora?. Files)
Speaking from the gallery were Mrs. Nancy Gray , Mrs. Bernice Hoover and Mr. Andy
Anderson, who urged that Question No. II be presented as separate items on the ballot.
City Attorney March, Jr., and Mayor Carson spoke to the logistics of each proposal and
stated the Committee had encouraged attendance at open meetings.
City Manager Robert Brunton stated the Committee would be meeting again on June 9,
1973, and encouraged participation.
Councilman Preble made a motion, seconded by Councilman Peterson, that the Council
express their thanks to the Committee; accept the report and instruct the Attorney to prepare
the necessary papers to submit the proposals at the February 20, 1973 ballot. Yeas: Council-
men Carson, Lopez, Preble, Peterson and Fead. Nays: None.
Renewal application for National Tea Company, dba Del Farm, 420 South College
for 3.2 Fermented Malt Beverage License - Approved
The report of the Police Department found no legal basis to recommend denial of this
renewal. Motion by Councilman Lopez, seconded by Councilman Fead, to approve this renewal.
Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nays: None.
Renewal application for Mod, Inc., dba Mikes, 211 Canyon, for a Hotel -Restaurant
Liquor License
The report of the Police Department found no legal basis to recommend denial of
this renewal. Motion by Councilman Preble, seconded by Councilman Lopez, to approve this
renewal. Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nays: None.
Hearing dates scheduled on application for Hotel -Restaurant Liquor License
for Northern Hotel
Attorney Gene Timmerman represented the applicant.
Councilman Peterson made a motion, seconded by Councilman Lopez, to set February 1,
1973, as the final hearing date with January 11, 1973, as the preliminary hearing date.
Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nays: None.
t
274
December_14-, 1972
Second reading of Ordinance No. 78, 1972 - Being an Ordinance relating to the creating
and organization of Consolidated Water Improvement District No. 6, providing for the
construction of improvements therin and authorizing the issuance of bonds to pay the
cost of construction thereof. Approved
Councilman Fead made a motion, seconded by Councilman Preble, to approve this ordinance
on second reading. Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nays:
None.
Second reading of Ordinance No 79, 1972 - Being an Ordinance assessing the cost of improve-
ments in Street Improvement District No. 64, and providing for payment and collection
thereof Approved
Councilman Lopez made a motion, seconded by Councilman Preble, to approve Ordinance No
79, 1972 on second reading. Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead.
Nays: None.
Second reading of Ordinance No 80, 1972 - Being an ordinance to apply and contract for
beneficial use of water on behalf of the City of Fort Collins, Colorado, A Municipal
Corporation and prescribing the terms for application for an allotment of water to said
City of Fort Collins by Northern Colorado Water Conservancy District. Adopted
Councilman Lopez, made a motion, seconded by Councilman Peterson, to adopt Ordinance No:
80, 1972, on second reading. Yeas: Councilmen Carson, L;puz,F,eble, Peterson and Fead.
Nays: None.
Second reading of Ordinance No 81, 1972 - Being an Ordinance annexing the South Mesa First
Annexation.to.the City of Fort Collins Adopted
Councilman Peterson made a motion, seconded by Councilman Fead, to adopt Ordinance No.81,
1972 on second reading. Yeas:_ Councilmen Carson, Lopez, Preble, Peterson and Fead. Nays:
None.
Second reading of Ordinance No 82, 1972 - Being an Ordinance annexing the Anderson Annex-
ation to the City of Fort Collins Adopted
Councilman Fead made a motion, seconded by Councilman Peterson, to adopt Ordinance No.82,
1972 on second reading. Peas: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nays:
None.
Second reading of Ordinance No 83, 1972 - Being an Ordinance annexing the City Service
Center Second Annexation to the City of Fort Collins Adopted
Councilman Preble, made a motion, seconded by Councilman Peterson, to adopt Ordinance No.
83, 1972 on second reading. Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead.
Nays: None
Hearing and first reading of Ordinance No. 90, 1972- Being an Ordinance relating to the
Creation and organization of Street Improvement District No. 67, providing for the con-
struction of improvements theri.n, and authorizing the issuance of bonds to pay the costs
of construction thereof. Adopted on First Reading
Councilman Peterson made a motion, seconded by (�ounr_lman Lopez, to adopt Ordinance No.90,
1972 on first reading. Yeas: Councilmen Carson, Lopez, Preble, Peterson, and Fead. Nays:
None.
Ordinance No 91, 1972 - Being an Ordinance Zoning the South Mesa First Annexation Adopted
on _`i.st reading
Councilman Fead made a motion, seconded by Councilman Peterson, to adopt Ordinance No 91,
1972 on first reading. Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nays:
None.
Ordinance No. 92, 1972 - Zoning the Anderson Annexation to the Ci',y of Fort Collins Adopted
on first readine
Councilman Lnne?. ma a moric; socoried by Councilman ieterson, to adopt Ordinance No. 92,
1972 on first reading. Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nays:
None.
Ordinance No 93, 1972 - Zoning the City Service Center Sccond Annexation Adopted oil first
reading
December 14, 1972
Councilman Preble made a motion, seconded by Councilman Lopez, to adopt Ordinance No. 93,
1972 on first reading Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nays:
None.
Ordinance No 94, 1972 - Calling.a special municipal election on February 20, 1973, ant
s: bmittin.- to the qualif_ed elzc=rs of tl, cit %:e3: Cai.r, hu r amend;itents - adopted Oil
first reading
Councilman Peterson made a motion, seconded by Councilman Lopez, to adopt Ordinance No 94,
1972 on first reading. Yeas: Councilmen Carson, Lopez, Preble, Peterson, and Fead. Nays:
None.
Ordinance No. 9S, 1972 - Creating election precincts in the City and estab L.shing Polling
Places within such precincts - adopted on first reading.
Councilman Preble made a motion, seconded by Councilman Lopez, to adopt Ordinance No. 95,
1972 on first reading. Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nays:
None.
Ordinance No. 96, 1972 - Being an Ordinance relating to requirements for furnishing Utility
Service outside of the City Limits - adopted on first reading
Councilman Peterson :,::de a motion, seconded by Councilman Fead, to adopt Ordinance No 96,
1972 on first reading. Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nays:
None.
Ordinance No. 97, 1972 - Being an Ordinance Establishing a tax refund program for low
income elderly residents in connection with the city's portion of property taxes assessed,
setting forth the requirements for qualification for such refund, the amount to be refunded,
authorizing the Director of Finance to adopt regulations, and setting forth details in re-
lation thereto. Adopted on first reading.
Mr. Charles Shepardson,member of the Senior Citizens Commission stated the Ordinance seemed
to be in conformity with the recommendation of the Commission and recommended approval.
Motion by Councilman Lopez, seconded by Councilman Preble, that Ordinance No. 97, 1972, be
approve-'. on first reading. Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead.
Nays,: None.
Ordinance No. 98, 1972 - Being an Ordinance regulating the keeping of dogs in the City
prohibiting allowing dogs to run at large and providing for rabies vaccination, licensing
and seizing of dogs - Adopted on first. re,;ins
Consideragle discussion was held on this ordinance. City Attorney March stated this
ordinance was to replace the People's Ordinance in effect now. He also spoke to the matter
of definitions, automatic fines and vaccination requirements.
Councilmen Carson requested the Administration get in touch with the State Veterinarian
to get an opinion on vaccination requirements.
City Manager Brunton stated this would be done and suggested any changes required could
be incorporated between the time of first reading and second reading of the ordinance -
Councilman Preble spoke to the question of allowing the veterinariansin the City to also
disperso the dog tags.
Other items dis,,nssed in connection with this ordinance were (1) the dog warden going upon
property to pick up a dog (2) boarding fees (3) notification to owners and (4) protection
of property and protection of dog owners.
Councilman Peterson made a motion, seconded by Councilman Preble, to adopt Ordinance No. 98,
1972, on first reading. Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead. Noyes:
None.
Ordinance No. 99, 19-2 - Being an ordinance amending Section 8-49 through 8-137 of the Code
of Ordinances of the City of Fort Collins, 1958, as amended; being the Sales and Use Tax
Ordinance, raising the sale s and use tax, designating the purposes for which the additional
revert: from such increased tax may ne used and providing for the pledge of such additional
revenue to secure bonds to be issued by the City. Adopted on first reading.
Motion by Councilman Preble, seconded by Ccuncilman Lopez, to adont Ordinance No. 99, 1972:
on firsc reading. Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None.
RESOLUTION 72-126
of the Council of the City of Fort Collins appointing Mrs. James Goodman to the Fort Collins
Col' Board - Adopted.
27.6
December 14. 1972
� i 2
WHEREAS, a vacancy exists on the Fort Collins Golf Board; and
WHEREAS, the City Council desires to appoint Mrs. James Goodman
.r -pis !n,l ch,. has {n.iirOfed chA Is wilting to serve in such ca-
pacity.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, that Mrs. James Goodman be ano she hereby is appointed as
a member of the For Collins Golf Board, for a term to end April 23, 1974.
Passed and adopted at a regular meeting of the City Council held.
`this loth day of Lecember, A.D. 1972.
ATTEST:
/s/ Karl E. Carson
Mayor
Verna L �Iis
City Clerk
Motion by Councilman Preble, seconded by Councilman Lopez, that this resolution be adopted.
Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nays: None.
Reports of Planning and Zoning Board
Reports on the following eight items from the Planning and Zoning Board had previously been
previewed by City Council and were jointly acted on.
Consider rezoning petition involving approximately .63 acres from RL zoning to BL zoning.
Petitioner: Nelson E. Bachus. Location: Northwest 1/4 of Section 13. north of Elizabeth
Street and 210 feet west of Lemay Avenue.
B. Consider rezoning petition involving approximately2.29 acres from IL, limited industrial
zoning to C, Commercial zoning. Petitioner: Everitt Enterprises. Location: Southeast
1/4 of Section 2, north of Hemlock Street and 300 feet west of North College Avenue.
C. Consider rezoning petition involving approximately 1.9 acres from IL, Limited Industrial
zoning to C, Commercial zoning. Petitioner: Fort Collins Newspapers, Inc. Location:
Northwest 1/4 of Section 18, northeast corner of the intersection of Riverside Avenue and
McHugh Street.
D. Consider rezoning petition involving approximately 7.0 acres from RM, Medium Density
Residential zoning, to RH, high Density residential zoning. Petitioners: Several. Location:
Northeast 1/4 of Section 11, Blocks 63 and 64, City of. Fort Collins, bounded by Sycamore
Street on the north, Maple Street on the south, Whitcomb Street on the west, and Sherwood
Street on the east.
E. Consider rezoning the East Lincoln First Annexation petition involving 2.55 acres with
requested IG, General Industrial zoning. Petitioners: Paul S. and Lillie M. Patrick.
Location: Northeast 1/4 of Section 12, north of East Lincoln Avenue and 70u feed, east of
Third Street.
F. Consider the Guard Third Annexation petition involving 52.27 acres with requested RLP,
low density planned residential zoning (19.29) acres, and RP, Planned Residential zoning
(32.98 acres). Petitioner: Ada May Guard. Location: West 1/2 of Southeast 1/4 of Section
24, bounded by Drake Road on the south, Columbia Road on the north, Woodward Governor on
the east, and Stover Street on the west.
G. Consider the Horsetooth Lanes Annexation petition involving 2.2 acres with requested
C, Commercial zoning. Petitioners: Several. Location: Northe;-::t 1/4 of Section 3S,
sou*n if Horsetooth Road and 600 feet west of South College Avenue.
H. Consider the South Mosa Second Annexation petition involving approximately 1.0 acres
with 1L, limited industrial zoning. Petitioners: William G. Myeis. Location: Southeast
1/4 of Section 26, north of Horsetooth Road and 600 feet west of south College Avenue.
Councilmen Peterson made a motion, seconded by Councilman Lopez, to refer these eight items
to the City Attorney for proper action. Yeas: Councilmen Carson, Lopez, Preble, Peterson
and Fead. Na.ves: None.
277
Dec -ember 14, 1972
Petition to Vacate Alley in Block 123, Referred to City Attorney
Item referred from Planning and Zoning Board. Petitioner: United Bank of Fort Collins.
Councilman Fead made a motion, -1ccondcd by Cu; ,�il,aan Petersonl, to refor the request to the
City Attorney for proper action. Yeas: Councilmen Carson, Lopez, Preble, Peterson and
Fead. Nays: None.
Request to Vacate Utility Easement - Referred to City Attorney
Item referred from Planning and Zoning Board; easei,,�nt located in Tract #1 of the Replat
of Springmeadows on Spring Creek. Petioners: ^_riatrics, Inc. and .Jack R. Hahn.
Councilmen Peterson made a motion to refer the request to the City Attorney for proper action.
Seconded by Councilman Preble. Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead.
Nays: None.
Replat of Lots 125 through 136 of a Part of Block 24 )f Brown Farm First Filing - Approved.
The Planning and Zoning Board recommended approval of the replat, subject to the vacation
of the old plat and easements; the cost of relocating any easements being the responsibility
of the developer.
Councilman Preble made a motion, seconded by Councilman Lopez, to approve the replat. Yoas:
Councilmen "arson, Lopez, Preble, Peterson and Fead. Nays: None.
Dedication cf Common Areas from Brown Farm First Filing - Tabled
The Planning and Zoning Board considered this item and recommended approval subject to the
City Attorney's review. The City Attorney stated he had reviewed the termonology on the
plat in relation to easements, and was still in conflict with the HUD requirement on the dedi-
cation for the general public. Mr. March added he felt the matter of terminology could be
worked out.
Councilman Fead made a motion, seconded by Councilman Peterson, to table the item for
approval of the City Attorney. Yeas: Cou.iciimen Carson, Lopez, F,•sble. Peterson and Fead.
Nays: None.
Council
Planned Unit Development Plan for A $ W Restaurant Tabled
Director of ;'fanning, Donald Reynolds, stated the landscap plans for this establishment were
inadequate, and the representatives of the developer had been made aware of the required
additions.
Councilman Lopez made a motion, seconded by Councilman Preble, to table the item until
adequate landscape plans were submitted. Yeas: Councilmen Carson, Lopez, Preble, Peterson,
and Fead. Nayes: None.
New Planned Industrial Zoning District - Referred to City Attorney
The Planning and Zoning Board recorw,onded approval subject to the ILP, Planned Limited
Industrial, title be changed to "Industrial Park Zone". At that time, the City Attorney
recommended the zone include a PUD use by right to allow variation of the zones requirements
to avoid any legal discrepancies with the existing zoning ordinance.
Councilman Preble made a motion, seconded by Councilman Lopez, to refer the item to the City
Attorney for ordinance preparation. Yeas: Councilmen Carson, Lopez, Preble, Peterson and
Fead. Nays: None.
Planned Unit Development Plan for University Motor Inn - Approved.
Director of Planning, Don Reynolds, stated the original plan called for units cc be oriented
to the north and to the south, the revised plan calls for seven less units ori.ent:,d to the
west and to the east. Mr. Reynolds also stated the developer had agreed to additional
fencing along the parking areas, replr.cing of sidewalks, and kno
of thy alley. ck-down bumbers at the end
Councilman Fead made a motion, seconded by Councilman Peterson, to approve the PUD. Yeas:
Councilmen Carson Lnpn, Prebl- p __._
-• e::.m, and Fead. Nays: None.
Rates at Landfill - Refer to City Attorn
City Manager Robert Brunton gave an oral report and a composit recommendation of the Adminis-
tration, the City of Loveland and Larimer County.
Mr. Robert Brunton stated the City of Fort Collins owned 500 of the land fill with Loveland,
owning 2S% and the County 2S%, adding the landfill has operated on a break-even basis for
five years and should show some profit in 1972.
278
December 14, 1972
At the joint meeting held December 12, 1972, it was not decided whether additional land
should be acquired or whether the City should acquire a grinder, but it was the recommx:nalation
of these government agencies that the landfill rates be increased to establish a Trust Fund
for the purchase of land or a grinder in the future.
Mr. Brunton also spoke to the question of the life of the landfill, the increase requested
by the trash haulers, reporting on what other cities are charging, and the basic rate
increase.
Council-oan Lopez made a motion, seconded by Councilman Peterson, to authorize the City
Attorney to prepare an ordinance on the rates, to be enacted at a later date. Yeas:
Councilmen Carson, Lopes, Preble, Peterson and Fead. Nays: None.
for Construction of Substation 300 - Awarded
City Manager Robert Brunton stated one bid had been received for construction of a substation
we don't own yet, however, the condemnation suit that would give us this land has been moved
to February, consequently he recormnended the City proceed.
Councilman Preble made :. motion, seconded by Councilman Lopez, to accept the report of
the Purchasing Department and award the bid to -Addison -Construction Company of Denver, in
the amount of $219,837.00. Yeas: Councilmen Carson, Lopez, Preble, Peterson and Fead.
Nays: None.
Bid for Heavy Duty Track Type Trencher - Awarded.
Two bids were received but only one met specifications. Director of Utilities, Stan Case,
explained the features of the specification.
Councilman Fead made a motion, secomled by Councilman Peterson, to award the bid, as recom-
mended to Vermeer Sales and Service in the amount of $32,906.77. Yeas: Councilmen Carson,
Lopez, Preble, Peterson and Fead. Nays: None.
Reports of City Attorney
City Attorney Arthur March, Jr., advised Council of a suit being brought against the City by
Pryilthia J. Jones on a recent denial of a Hotel -Restaurant Liquor License.
Councilman Lopez made a motion, second_,u by Councilman Preble, to authorize the City Attorney
to make a response to the summons received on behalf of the City, Yeas: Councilmen Carson,
Lopez, Preble, Peterson and Fead. Nays: None.
Attorney March, Jr. also reviewed the postponement of the condemnation suit to February,
1973 on the Station 300 site.
Reports of the City Manager
City Manager Robert Brunton stated the possibility of the City's losing BOR funds, as applied
for, to develop the proposed Lee Martinez Park, and requested permission to divert the funds
to other parks and reapply for funding again, and if no funds are forthcoming, use other
City money to develop the North Side Park.
The deadline for showing cause why these funds have not beer. applied in December 31, 1972,
Mr. Brunton added, although BOR might -rant us a small extension.
City Attorney spoke to the legal question of the process in this matter
After further discussion on the matter, the consensus of the Council was to authorize the
diversion of the money with the stipulation that the Administration reapply for funding;
if no funds are forthcoming, make the park a number one priority for development with other
funds.
City Manager Brunton also stated a proposal for auditors would be on next weeks agenda.
Comments of question by members of the City Council
Councilman Fead stated he felt the Council should emphasize that in adopting the recommenda-
tions of the Charter Review Committee and submitting the questions for a vote, it did not
necessarily mean Council endorsed the recormnendations and that Council should state their
feelings on this in the near future.
Mayor Carson submitted the statement of the Council concerning its policy for convention and
conference expenses. No discussion was held on the matter.
The right of the citizens to be informed is inherent in our system of
povernment., Recently the City Council has been questioned concerning its policy
for convention and conference expenses. No written policy exists inasmuch as
these expenditures are part of the annual budget which is adopted every year in
October pursuant to Charter. requirements.
279
Being'a Councilman in a modern, rapidly growing city is difficult and
most demanding. It is essential that he be able to identify and understand the
complicated and difficult issues facing local government. D1ore and more respon-
sibility (as illustrated by revenue sharing) is being placed on local officials.
This is as it should be --government begins at the local level.
To properly and effectively fulfill this extremely important position,
a Councilman must be totally dedicated and a0:�quately inform(A. The most eco-
nomical and expeditious method of exposure to urban problems is gained by attendance
at professional conferences such as the National League of Cities' Conference,
There are inumerable benefits derived from such meetings including professional
analvzation of current urban problems, group and informal individual discussions
with other local officials and exposure to and contacts with representatives of
various federal agencies.
A responsible Councilman knows he must spend a considerable amount of
time away from his family. Because of the hours involved (500 to 800 per year),
most spent away from home, most Councilmen are reluctant to attend such meetings
without their spouses. 'Mis is unfortunate for the City because we all are denied
the opportunities for learning how others have solved their problems and hope-
fully are contributing to a good national policy by actively participating in
convention and conference committee act-vi.ey. No Council member should.bP
embarrassed to have to decline attending a major conference because he or she
cannot afford to pay the expense of his or her spouse. Council wives and
husbands are constantly engaged by the, public in conversation and discussion of
the business of the City.
Councilmen have been encouraged to include their spo,ssc:L at conventions
and conferences. This is not new. Convention and conference expense is budgeted
annually. Each Council must determine its policy regarding each meeting; this
item is discretionary with the Council.
As for this Council, the unwritten policy is:
Expenses to annual national and state municipal confer,.ices
for Courci.lmen and spouses will include registration, transportation,
food and lodging directly associated with the conference and only for
those days required for travel and the scheduled conference days.
I: arsnri,
)lc, Vice May
2.80
December 14, 1972_. _
William Lope z,,jCoun cilman
G
No discussion was held on this matter.
Mayor Carson stated the next meeting would be a night meeting and reported five citizens
had been at the "Night Watch Session" on Wednesday. Items of discussion were trash hauling
and the urgent need for public transportation for the elderly.
Adjournment
Motion made by Councilman Preble, seconded by Councilman Peterson, that the Council adjourn.
Yens: Councilmen. Carson, Lopez, Prebl.e, Peterson and Fead. Nays: None.
Mayor
ATTEST:
City Clerk