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HomeMy WebLinkAboutMINUTES-03/15/1973-Regular140 MarcAX, 1973 March 15, 1973 COUNCIL OF 'TlE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting A regular meeting of the Council of the City of Fort Collins, Colorado, was held on Thursday, MarcL 15, 1973, at 7:30 P.M. in the Council Chambers of the City Hall. Mayor Carson called the meeting to order; there were present Councilmen Carson, Lopez, Preble and Fead. Staff members present: Brunton, DiTullio, Laquin, Cain, March and Lewis. Proclamation and declaration - 5i,, F`_e Weei, Mayor Carson read at length a proclamation declaring the week of March 18, 1973, to be "Camp Fire Week" in Fort Collins. He further stated Councilman Fead was the father of Camp Fire members and that the City was happy to participate in this endeavor. (Proclamation in Central Files). Minutes of March 8, 1973 approved Mayor Carson stated the minutes had been received and that hearing no corrections the minutes stood approved as published. Boundaries set and hearing date established on a Class B, Fermented Malt Beverage License for Southland Corporation dba 7-Eleven District 1822, 1029 South 'Taft Hill Road City Attorney March stated the application was in proper form and that Council should set the boundaries and establish a hearing date. COLunCllman Fead made a motion, seconded by Councilman Preble, to establish the boundaries 2,000 feet in each direction, and set the hearing date for April 26, 1973. Yeas: Councilmen Carson, Lopez, Preble and Fead. Pays: None. Erdmann Subdivision approved Director of Planning, Donald Reynolds, stated this was a one lot subdivision that ._.. met all the requirements. Councilman Fead made a motion, seconded by Councilman Lopez, to approve the subdivision. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None. Laufer Rezoning petition ..referred to Attorney Director of Planning Donald Reynolds stated the recommendation of the Flanning and Zoning Board was for denial of this request as it was felt that there was no need shorn for additional business zoning. City Attorney March stated he had been contacted by the Attorney for the petitioner and they requested the matter be set for hearing. Councilman Preble inquired _rto the possible health haz.a referred to in a memorandum from the Planning and Zoning Board. This was defined as an existing 144, junk yard. Councilman L,cpez made a motion, seconded by Councilman Preble, to refer the matter to the City Attorney for processing. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None. Ordinance authorized to annex Warren Shores Third Annexation Director of Planning Donald Reynolds reviewed the two zones requested RP and RLP. Councilman Preble made a motion, seconded by Councilman Lopez, to refer the matter to the City Attorney for ordinance preparation. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None. Petition for Annexation Tabled - Warren Shores Fourth Annexation City Attorney March stated it would be proper to table this petition until such time as the Warren third Annexation was completed. Councilman Lopez made a motion, seconded by Councilman Preble, to table the petition as suggested by the City Attorney. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None. Ordinance authorized annexing Thunderbird Annexation Councilman Fead made a motion, seconded by Councilman'Preble, to refer the petition to the City Attorney for ordinance preparation. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None. Ordinance adopted on Second reading annexing Collindale Second Annexation to the City of Fort Collins Councilman Lopez made a motion, seconded by Councilman Preble, to adopt Ordi- nance No. 21, 1973, on second reading. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None. ORi3I VINCL `0. Ji , 1973, n;;ItrC n oRi?I!.. Ir �p...a n;x7 'ZY t^ ,na / S Tip 1 IL'4 .1....If G, .:\l C' \ L1 11. f. COLLI:F `U1 SEM)ND A v di l'TIfY,d 'M T,; CI'IY 0,1 FORT COLLIN''S 1117R?R AS, heretofore, a written petition, to ether idth four Prints of an annexation map n..as filed .t the City Clork o£ the City of Fort Collins requesting Vie annexation of certain terr4tory more particularly described belcna to Cie City, and 11.1EU 15, the Cit, Coinicil has found and deter4.:i::rd and does herby find and determine that said petition is in substantial eompliunce with F 14.y March-15.,-19.73 the provisions of Colorado Revised Statutes, 1963, Section 137-21-6 as amended, and- 1vIUMIS, the City of Fort Collins is the sole owner of the pro- perty to be annexed and said property is not solely a public street or right- of-iray, and 1V17-%AS, not less than one -sixth (1/6th) of the perimeter of the area to be annexed is contiguous with the City of Fort Collins and a com- mmity of interest exists between the territory to be annexed and the City of Fort Collins and the territory to be aimexed is urban or will be urbanized in the near future and such territory is integrated or is capable of being integrated with the City of Fort Collins, and 10110M%S, none of the provisions of Colorado Revised Statutes, 1963, Section 139-21-4, as amended, are violated by the annexation of tliis territory to the City, and 1:^UTTAS, no election is required under the provisions of C^'_orado Revised Statutes, 1963, Section 139-21-6(2), as amended, and no additional terms a,cd conditions ura to be ir"sed in connection with this annexation, and COLLDIS: 1'VE &1S, t':e territory is oligible for annexation and the City desires to annex the same to the City of Fort Collins. MM, 'II ERIT-GRE, BE IT UMENM BY M EE CWNCIL OF THE CITY OF FORT Section 1. That all of the territory more particularly described as situate in tho County of Lariner, State of Colorado, to -wit: Consiac,ring the ,Lbrth line of Section 31, T7N, R6819, of the 6th P.M. as bca.ing N 89o57' Ii and with all bearings. contained herein relative thereto; begin at tho lvortln+est corner of said Section 31, ne thence N 8P57`0011 ii, along said liorth li3985.52 feet to the WOst row line of the Union Pacific "Railroad, thence S 000 OS' 20" IV along sari Nest line, 2654.43 feat to a point on tic South 11nc of tine Borth lialf of said Section 31, t ,once N 89048' 08" 1V along said South dine 2600.9-6 feet, thence N CC"03100" IV 1018.';7 feet, thence N 6(,^22100" 11 270.69 feet, thence A 20357,400 E 218.28 feet, thence N 1020126" W 17.1.23 feet, thence N 47030100" 11 192-sr: freer- tU,nnce I"! 6"1 37'00" W 141.89 feet. thence N 830 17'00," is 183.30 feet, thence S 39029100" W 291.18 feet, thonce S 85049100" IV 75.09 foot, thence S 67007700" W 49.15 feet, thence 1_43 Ir March 15, 1973 S 740S0'(10" W 82.35 feet, t =Ce S MOWN" W 143.13 feet; thence S 80026'00" W 72.90 feet, thence N 87019100" Fi 46.02 feet to a point in the Coll ndale Golf C-W!Tse First Annexation; thence alo-S said-wtoxation N 78014125" T 2400.00 feet, t;:ence continu- ;%." along said lane-yation N 78014'25" W 2400.00 feet to the point of b•�ginning, containing 164.8654 acres be and it lresreby is aiuiexed to the City of Fort Collhis and mde a part of said City to he }mown as the Collindale Second Annexation to the City of fort Collins. Section 2. That in annexing sp-M. ter:itrny to the City of Fort Collins, the City does not assim,(:: a.:; cbligat_un rwsncnt3nj tl:- construc- tion of water mi•ns, surer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the territory hereby annexed except as may be provided by t}m oridinances of the City of Fort Collins. Introduced, considered favorably on first reading, and ordered publisiied tlds 22nd day of February, A.U. 1973, and to be presented for final passago on the 15th day of Ahrch, A.U. 1973. . n r1ayor ATITiST: 1973. Passed and adopted on final reading tills 15th day of March, A.D. ATMST: City CierK Presented February 22, 1973 (Vote: Yeas: 4 Nays: None) Passed Marchl5, 1973 Note: Yeas: 4 Nays: :e) Published: February 27 and March 20, 1973 Attesf* City Clerk KAI] i March_15.,-93.3 Crdinance adopted or. s cond reading establishing Districts and prescribing manner of Election Councilman Preble made a motion, seconded by Councilman Fead, to adopt Ordinance No. 22, 1973, on second reading. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None. ORDINANCE NO, ,'r_:<r 1973, BEING AN ORDINANCE ESTABLISHING DISTRICTS FOR THE _ELECTION OF COUNCIL MEMBERS WHEREAS, at a special city election held on February 20, 1973, an amend- ment to the Charter of the City of Fort Collins was duly adopted by the electors of the City requiring that four (4) of the members of the City Council be elected from districts established by ordinance of the City Council; and WHEREAS, the City Council has, in anticipation of such change, requested that the .city administration make a study and make recommendations regarding the districts to be established; and WHEREAS, the administration has made such study and has made recommenda- tions to the City Council and the City Ccuncil desires to establish districts for the election of council members. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TIME CITY OF FORT COLLINS that pursuant to Section 1 of Article II of the Charter of the City of Fort Collins, the City is hereby divided into four (4) districts from each of which one (1) council member will be elected at the general city election to be held on April 3, 1973, Such districts are designated as follows: A. District No. 1 comprising the Northwest segment of the City shall consist of the following election precincts as heretofore established by Ordinance of the City Council: Precincts 17, 18-19, 29, 30, 31, 33 and 34. B. District No. 2 comprising the Northeast segment of the City shall consist of the following election precincts: Precints.12, 13-14, 15, 16, 20, 21 and 22. C. District No. 3 comprising the Southern segment of the City shall con- sist of the following election precincts: 28, 32, 35, 36-18, 38, 39 and 40. D District No. 4 comprising the Central -East segment of the City shall consist of the following election precincts: 23, 24, 25, 26, 27 and 37. Said districts are delineated on the council district map dated February 21, 1973, a copy of which is attached hereto and by this reference made a part hereof. Introduced, considered favorably on first reading, and ordered published this 22nd day of February, A.D. 1973, and to be presented for final passage on the 15th day of March, A.D. 1973. M4yor —� ATTEST: City Clerk 14s; Passed and adopted on final rending t1ais 15th day of AJarch, A.D. 1973, Mayor ATTEST: City Clerk Presented: February 22, 1973 (Vote: Yeas: 4. Nays: 0) 4. Nays: 0) Passed: March 15, 19713 (Vote: Yeas: Published: February 23, 197-- and ,Lich 20, 1973. Attest: city Clerk Ordinance adopted on second reading -relating., to the licensing of Trash Haulers Motion was made by Councilman Preble, seconded by Councilman rea"', ;.hat Ordinance No. 23, 1973, be adopted on second reading. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None. ORDINANCE NO. S, 1973, BEING AN ORDNANCE AMENDTNG ARTICLE IV OF CHAPTER 54 OF THE CODE OF THE CITY OF FORT COLLINS, COLORADO, RELATING TO THE LICENSING OF TRASH HAULERS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 54-18 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding at the end thereof the following: "Not withstanding any other provision in this. ordinance,in cases where there is no alley, grass clippings may be placed in securely tied plastic bags deposited at the curb line on the day of trash pickup. Such bags shall not be placed at the curb on any day other than the day such trash is picked up." Section 2. That Section 54-20 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "Section 54-20. Charges: Single family household garbage and household trash, as defined in Section 54.15 of this article, which is located as provided in Section 54-18 of this article, and wh3,ch is stored in accordance wit1i Fection 54-19 of this article, will be removed from the premises at a monthly charge for weekly pickup, not to exceed the following: 146 9 March 15, 1973 A. No more than one (1) container each week, $2.75. B. More than one (1), but no m^rec`han four (4) containers each week, $3.25. C. Each additional container over four (4), 25� per container per week. D. Bags of grass clippings deposited in the alley or at curb line in accordance with Section 54-18 hereof, shall not be considered in determining the number of containers. Charges for trash pick up shall be billed four (4) months in advance by the licensed operator serving the area, except that any charge for more than four (4) containers will be billed in the next billing cycle in accordance with the number of additional containers actually picked up. In the evert any custom r terminates his trash pick up service for a period of two (2) continuous weeks or more, and notified the operator of such termination in advance, then such customer shall be entitled either to a prorata rebate or to a credit on his next billing cycle representing the period of terminated service. Also, in the event any customer who has paid for trash pick up in advance, moves permanently from the location for which lie has paid for trash service, then upon notification to the trash hauler, he shall be entitled to a prorata rebate representing the then prepaid amount of his trash hauling bill.: Nothing herein contained will prohibit a licensed operator from fur- nishing pick up service other than weekly, or from providing special service other than that contemplated by this article at a price negotiated between such operator and the customer, providing such service is adequate." Section 2. That Article IV of Chapter 54 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding thereto a new Section followinZ Section 54-20, and by renumbering all subsequent Sections so as to accommodate such additional section with such additional section to read as follows: "Section 54-21. Regulation: All persons licensed under this article shall comply with all reason- able regulations adopted by the City Manager or his designated representative. Such regulations may require the submission of uniform accounting information relating to the income and expenses of such licensed trash haulers, as the same relate to single family household garbage and trash service, provided pursuant to this article. .Such regulations shall also require that licensed haulers es- tablish a satisfactory means of receiving customer complaints regaruing service and charges, and shall further provide foi an appeal of any dispute 'nvolving service or rates between a customer representative, in which case the City Manager or his designated representative shall make a final determination of any such dispute. Such regulations shall further provide for a special rate for minimum pickup service to persons o er the age of 65 years who havv qualified for the city's low income senior citizens" property tax rebate program. Before any such regulations are adopted, the City Manager or his designated represen- tative shall set a date for hearing on such proposed regulations and shpll give notice to all parties licensed under this article, at least ten (10) days in advance of the date of hearing on such proposed regulations. In the eva::t any party licensed under this article objects to the regulations adopted after such hearing, he may appeal the docision of the City Manage-: o: his designated repre- sentative to the City Council, provided that a notice of such appeal is filed with the City Clerk within ten (10) days from the date of adoption of the regu- laliuns by Lhe City Manager or his designated representative. Thereatter, the City Council shall schedule a public hearing upon the question of adoption of 14? 0 - — - — — -- — --- ---- - - March_15,_1973— — such regulations, and shall give at least ten (10) days notice of such hearing to all parties licensed under this article, and the decision of the City Council at such public hearing, or any adjournment thereof, shall be final!'. Introduced, considered favorably on first reading, and ordered published this 22nd day of February, A.D., 1973, and to be resented for final. passage on the - 15th day of March, A.D., 1973, j ATTEST: r City Clerk Passed and adopted on final icading this 15th day of March. A. D. 1973. /s/ Karl E. Carson Mayor ATTEST: /s/ Verna Lewis City Cler Presented: February 22, 1973 (Vote: Yeas: 4; Nays: 0) Passed: March 1S, 1973 (Vote: Yeas: 4; Nays: 0) Published February 27 and March 20, 1973. Attest: City Clerk Ordinance adopted on second reading establishing Procedure for Electors Councilman Fead made a motion, seconded by Councilman Lopez, to adopt Ordinance No..24, 1973, on second reading. Yeas: Councilmen Carson, Lopez, Preble and Fcru.Nays: None. ORDINANCE NO.` 1973, BEING AN ORDINANCE EST �BLISHTNG PROCEDURES l4I [ REGARD TO REGISTRATION OF ELECTORS IN THE CITY A<vD CITY ELECTIONS WHEREAS, at the general City Election held on April 6, 1971, the Charter of the City of Fort Collins was amended in order that matters regard ing city elections could be controlled by the provisions of the state law relating to elections! and tiPHEREAS, experience under the Municipal Election Code of 1965 has revealed di:ficulties in operation which need to be corrected; and WHEREAS, the City Council desires to establish certain procedures regarding registration of voters and the conduct of elections in order to correct the deficiencies wh;.ch have become apparent under such Municipal Election Code of 1965. NOW, TIEREFORE, BE IT ORDAINED BY THE CUUNCil, UN THE Cil'Y OF Fula COLLINS: 148 March 15, 1973 Section 1. Registration. Registration of municipal electors shall be conducted in accordance with the provisiojs of the Municipal Election Code of 1965, provided that any person registeren,.-, to vote within the City shall indicate to the official who takes such person's registration that he is a resident of the City of Fort Collins, and the County Clerk shall maintain his registration list in such manner that registered electors who are res- dents of the City can be separately identified from the other county registered electors. Initially, the registered electors of the City shall be those persons designated as residents of the City, on the county registration books after the speci41 city election held in the City on February 20, 1973. Any person who is registered to vote as a resident of the County of Larimer but not the City of Fort Collins, and who becomes entitled to register to vote in elec- tions of the City (whether by reason of annexation or othenaise) shall be required to re -register as a qualified municipal elector in order to vote at any future municipal election. The registration list supplied by the County Clerk of the City for municipal elections shall indicate those electors who are registered as city qualified electors. No person shall be entitled to vote in a city election who is not registered as a qualified elector residing in the City of Fort Collins, regardless of the fact that such person may be duly registered as a qualified elector of the County of Larimer. i Section 2. Precincts. Municipal election precincts shall be estab- li.siied from time to time by the City Council by ordinance. The boundaries of such precincts shall, to the extent possible, correspond with the boundaries of the general election precincts established in the county. The number of each precinct snall be designated by City Council and to the extent possible, such numbers shall correspond with the numbers of general election precincts. In the event the boundaries of the City are enlarged by annexations, the territory annexed shall be included in the precinct which it adjoins, with all precinct boundaries extending in a straight line from the former municipal bowidary limit to the enlarged boundary limit. Introduced,. considered favorably on the first reading, and ordered published this 22nd day of February, A.D. 1973, and to be presented for final passage on the 15th day of March, A.D. 1973. yor ATTEST: —11 City Clerk Passed and adopted on final reading this 15th day of March, A.D. 1973. Mayor ATTEST: City Clerk 149 Presented: February 22, 1973 (Vote: Yeas: 4; Nays: 0) Passed: March 15, 1973 (Vote: Yeas: 4; Nays: 0) Published: February 27 and March 20, 1973 Attest: City Clerk Ordinance adopted on first reading regarding increase in Water Plant Investment. Fee Mr. Jan C. Scarboro, Executive Manager of the Associated Building Contractors, appeared before Council and sl4bmitted the following in support of the increased ordinance above and the increase in the Sewer Plaint Investment Fee. The Associated Building Contractors of Fort Collins, at the monthly meeting March 14, 1973, agreed to support Alternate No. 1 of the Black and Veatch Plant Investment Fee Study and request that the City Council procede without delay,in the passage of Ordinances numbered 26 and 27, series of 1973. It isiour belief that the fees established in this alternate reflect the true costs of new service. i Ile would like to recoirhnend that these fees be evaluated yearly and that adjustments be made accordingly, thus eliminating extreme increases such as those we are presently faced wiih, /s/ Jan C. Scarboro Councilman Fead made a motion, seconded by Councilman Lopez, to adopt Ordinance No. 26, 1973, on first reading. Yeas: Councilmen Carson, Lopez, Preble and read. Nays: None. Ordinancd adopted on first reading regarding.increase in Sewer Plant Investment Fee City Attorney March suggested an amendment to Type of Use:I, Residential. Single aNTelling Unit or First Unit of tAilti-Family, to v:cludc "dVeiling or mobile home court", Plant Investment Fee $550.00 and Tap Charge$190.00.' City Manager Brunton concurred in the amendment. Coun cilman Preble made a motion, seconded by Councilman Fead, to adept Ordi- nance No. 27, 1973, as amended. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None. Ordinance adopted,on first reading regarding rate increase at Landfill City Attorney March stated it had just been pointed out to him that the ordinance, as presented, did not contain an effective date. This date was to be May 1, 1973. Councilman Lopez made a motion, seconded by Councilman Preble, to adopt Ordi- nance No. 28, 1973, to incluce the May 1, 1973, effective -date. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None. 150 Marchl5.,_19.73 ti II Resolution adopted approving a I.ise permit with Northern Colorado llater Conservancy District City Attorney March reviewed the process of the"Temporary Use Permits", stating this permit was for a total of 180 acre foot units to be put into the City's name. Councilman Preble made a motion, seconded by Councilman Lopez, to adopt the resolution. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None. 73- RESOLUTION OF THE COUNCIL OF 9 HE CITY OF FORT COLLINS APPROVING A TEMPORARY USE PERMIT AGREEMENT TO BE ENTERED INTO WITH THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT WHEREAS, the City of Fort Collins has obtained 180 acre-feet units of the waters of the Northern Colorado Water Conservancy District; and WHEREAS, said district has tendered to the City two temporary use permits, one for 80 acre-feet units and one for 100 acre-feet units, allocating such waters to the City; and WHEREAS, such temporary use permits have been approved by the City Manager and the City Attorney and it is in the best interests of the City to execute the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCII. OF THE CITY OF FORT COLLINS, that the temporary use permits between the City and the Northern Colorado Water Conservancy District be and the same hereby are accepted and approved, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute the same for and on behalf of the City of Fort Collins. Pasted and adopted at a regular meeting of the City Council held this C�� �> day o:7 j�� A.D. 1973. 1 � ATTEST: 7,4 MAYOR City Cierk Resolution adopted authorizing the signing of 9r1_hitect7!ra1 Pgreement with 1nno11c and Associates for designing of Lincoln Junior - - - - - - - March 15, 1973 - - - - - Z. City Attorney March spoke to the contract with the Architect and to a change on Page 4 and 5, deleting Section 1.3.15 and by.changing Article 9 on Page 7. "Ownership of Documents" to allow the City to use the drawings; this Article is a standard part of the AIA (American Institute of Architects) form. Councilman Fead made a motion, seconded by Councilman Lopez, to adopt the resolution. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None. 73-20 RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH CHARLES S. INGALLS (INGALLS AND ASSOCIATES) WHEREAS, the City plans to construct an indoor swimming pool facility on the property which is now the site of the Lincoln Junior High School in the City of Fort Collins; and i j WHEREAS, in connection with such project it is necessary that the City employ an architect to do architectural work and perform architectural services; and WHEREAS, the City has interviewed applicants for t'ie posit ion of architect on this project and have selected Charles S. Ingalls as the architect; and WHEREAS, an agreement has been prepared providing for the employment of such architect on this project, which agreement has been approved by the City ,Manager and the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreement be, and the same hereby are, accepted and approved, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute said agreement for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this 15th day of March, A.D. 1973. ATTEST: /s/ Verna Lewis City Clerk 152 l3 March 15, 1973 FINDINYJS AND RESOLUTION 73-21 OF TIE COUNCIL OF TH9 CITY OF FORT COLLINS, COLORADO. ACTING AS THE LG+ AL LIQUOR LICEZING AUTHORITY CONCERNING AN APPLICATION FOR A HOTEL AND RESTAURANT LIQUOR LIC24SE The application of William R. Starke and Mary Ann Brantmeyer d/b/a Northern Hotel, Restaurant and Lounge for a Hotel and Restaurant T,i.quo-- License came on for hearing on the 1st day of February, 1973, .in the Council Chambers, City Hall, Fort Collins, Colorada, pursuant to notice duly given as required by law. The authority, having heard the evidence introduced at the hearing, and having examined the documents introduced and having heretofore held a preliminary hearing and"issued findings in writing on said preliminary hearing, now makes the following findings: 1.• The neighborhood to be served under this application is as defined in the preliminary findings of the Authority. 2. Nothing contained in C.R.S., 1963, Section 75-2-39 prohibits the issuing of a license at the proposed location. 3. The applicants are of good character and qualified under the Ordinances of the City of Fort Collins and the laws of the State of Colorado for the license applied for. 4. The application is in proper form. 5. Petitions were presented and received at the hearing, indica- ting a need for the license applied for and no evidence was presented indi- cating that said need does not exist, and the local licensing authority hereby finds that the reasonable requirements of the neighborhood require the issuance of the license applied for. The Authority recognizes that other licenses exist in the neighborhood, but the testimony produced at the hearing on this application indicated that the hotel in which the premises ire located constitutes a --cparate neighborhood within t;..�-neighborhood and that a need does exist for the type facility applied for in connection with the hotel which need is not served by the existing licensed outlets. 153 March IS, -1973 _ 6. The building in which the license is to be operated is now i, contracted; inwever, the plans and specifications of the applicant show that the applicant proposes to improve said premises to accommodate the proposed licensed premises and no license should issue until the construction is completed in accordance with the plans and specifications submitted by the applicant and the requirements of the Building Inspector made in conformity with the Ordinances of the City of Fort Collins. RESOLUTION OF THE COUNCIL OF THE CITY OF FORT CC)LLIMS A( IN AS '� LOCAL NG AN APPLICATION FOR A HOTEL LIQUOR LICENSING AUTHORITY CONCERNI AND RESTAURANT LI UOR LICENSE. BE IT RESOLVED by the Council of the City of Fort Collins, acting as the local liquor licensing authority that the application of William R. Starke and ;,tary Ann Brantmeyer d/b/a Northern Hotel, Restaurant and Lounge for a Hotel and Restaurant Liquor License be and the same hereby is granted in accordance with the findings of the Authority set forth above; and BE IT FURTHER RESOLVED that said license shall not issue until the remodeling and improvement of the licensed premises is completed in accordance with the plans and specifications submitted to the Authority and the requirements of the City Building Inspector, and the Authority Inspector that said improvements eived a report from said Building has rec have been completed in accordance with said plans and specifications and the requirements of the Building Inspector. Passed and adopted this 15th day of Ntarch, A.D. 1973. ATTEST: i Al it .C, airman 1 A5 4 March 15, 1973 Councilman Lop.,z.m_de a motion, seconded by Councilman Fead, to adopt the resolution and findings on the Northern Hotel. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None. Emergency Ordinance adopted relating to Election 'Precincts and Polling Places City Attorney March stated because of thearvtouncement made of the Candivacy of Charles 0. Bowling, the Election Board felt it prudent to change the polling place for Precinct 39, and because of a conflict at St. Paul's Episcopal Church, 1208 hest Elizabeth, Precinct 31 had to be moved to University Lutheran Chapel, 805 South Shields. This ordinance, No. 31, 1973, is an amend- ment to Ordinance No. 95, 1972. Councilman Lopez made a motion, seconded by Councilman Fead, to adopt Ordi- nance No. 31, 1973. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None. ORDINANCE NO. .3% 1973, .RELATING TO ELECTION PRECINCTS _ AND POLLING PLACES BE IT ORDAINED BY TIME COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Ordinance No. 95, 1972, be, and the same hereby is, amended by changing the polling place for Precinct No. 31 fro,., St. Paul's Episcopal Church, 1208 {Vest Elizabeth, to University Lutheran Chapel, 805 South Shields, and by changing the polling place for Precinct No. 39 from Bowling Galleries, 2700 South College, to The Light Center, 2716 South College. Section 2. The City Council hereby finds and determines that an emergency exists for the immediate preservation of the public peace, health, safety or property in that the general city election will be held on April 3, 1973, before a normal ordinance would be effective, and this ordinance is therefore passed as an emergency ordinance and shall be effective upon passage. Introduced and passed by tho affirmative vote of four members of the City Council and ordered published this 15th day of March, A.D. 1973. ATTEST: City Clerk 155 -March_14:,-197.3 - - - - - - 4 I (, Presented and passed March 1S, 1.973 (Vot.e: Yeas: 4, Nays:0) Published March 20, 1973 Attest: City Cler Resolution adopted approving and providing for the execution of a proposed Contract for Grant to develop_. land for Open Space Purposes City Manager Brunton stated the Grant, although entitled for open space, was the $300,000 requested for the Swimming Pool at Lincoln Junior High. Further, the City was fortunate in receiving this funding as sister cities had not been so sl!ccessful. Councilman Fead made a motion, seconded by Councilman Lopez, to adopt the resol- ution. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None. 73-22 RESOLUTION OF TIME COUNCIL OF THE CITY OF FORT COLLINS APPROVING AND PROVIDING FOR THE EXECUTION OF A PROPOSED CONTRACT FOR GRANT TO DEVELOP LAND FOR OPEN SPACE PURPOSES WHEREAS, under Title VII of the Housing Act of 1961, as amended, the United States of America (herein called the Government) has tendered to the City of Fort Collins, Coloradc, o (herein called the Public Body) a proposed contract for grant to acquire and/or develop land for open space purposes under which the Government agrees to make a grant to the Public Body to aid in financing a project designated Project No. OSD-CO-08-00-0088; and WHEREAS, the Public Body has given due consideration to said proposed contract; and WTIEREAS, the Public Body is duly authorized under and pursuant to the constitution and laws of the State of Colorado to undertake and carry out said project and to execute said proposed contract; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1'. The proposed contract designated "Contract For Grant to Acquire and/or Develop Land for Open -Space Purposes, Contract No. DEN-416," consisting of pars I and II under and subject to the provisions, terms and conditions of which the Government will make an open -space land acquisition and/or development grant under Title `.-II of the Housing Act of 1961, as amended, to the Public Body to aid in financin; the cost of a project designated Project No. OSD-CO-06-00-0088 situated in For: Collins, Larimer County, Colorado, is hereby in all respects approved. Section 2. The City Manager is hereby authorize,c and directed to execute said proposed contract in three counterparts on behalf of the Public Bedy, and the City Clerk is hereby authorized and directed to impress and h --ch and attest tle official seal of the Public R0-dY �+� 'C ,.., .....lit C:l.aT`�. U+w w forward such counterparts to the Department of }lousing and Urban Development together with such other docu^.ls.:"=s relative to the approval and execution thereof as may be rcauired In, the Government. Lri Vic Y1 Secti,.;, 3. The Director of Finance of this Public Body is hereby authorized to file requisitions together with necessary supporting documents with the ;ovcrnment from time to time as grant funds are required, requesting payments to be made to it on account of the grant provided for in the contract and to do and perform all other things and acts required to be done or per- formed in order to obtain such payments. Section 4. The Public Body agrees to abide by all the provisions, terms and conditions of said contract. Section S. This resolution shall take effect this .lSth day of March, 1973. Passed and adopted at a regular meeting of the City Council held this 15th day of March , A.D. 1973. MAYOR ATTEST: ..� ......... City Clerk Bids on Painting at Municipal Building Tabled City Manager Brunton stated he would recommend the tabling of this item as there needed to be more investigation made into needs as space allocation was investigated. Councilman Preble made a motion, seconded by Councilman Lopez, to table consider- ation of this bid. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None. Report on Cem«,teries City Manager Brunton stated the administration had held several public meetings and severnl-meetings with the Funeral Directors, and was desirous of getting Council input before proceeding with another meeting. Further, lie recognized that in other cities there was a separate department of cemeteries, and although 'it was a poor time to increase the span of control of the City Manager's office, it was intended that the proposed rules and regulations would place more responsibility with the Cemetery Superintendent, make the cemetery more self sustaining and provide the right of the P_-ople to make appeals. Secondly, a proposal to put the cemetery into a Special Fund, isolating the interest in the pe:•petual ca,e'fand. Various items included in the City ,tanager's recommendation was the discontinua- tionof rose bushes in new areas, longer lead time for clean up notices and blanket covering disconti.n>>ance. The City Manager also proposed that ihey corrplete the purchcse of Roselawn; now $9,300 and spoke of the needed new garage, paving of a road and extensive renovating. Also, the recommendation That Council accept the rules and regulations, as presented, then accept the recommendation on the rates and authorization to proceed with a contract with Roselawn. City Manager Brunton stated there would be one.more public meeting on Wednesday, March 21, 1973, at 7:30 P.M. Councilman Preble inquired how long it had been since there had.been a raise in the cemetery rates and it was stated it had probably been 10 years. City Attorney March made comments on three pages of the regulations and stated he would review them with the Cemetery Super i.ntendant prior to t,e item coming back to Council after the -Wednesday meeting. Proposal for sale of land for Foothills Park Referred to Administration Attorney Gene E. Fischer, representing Venture Developments, Inc., appeared before the Council on a proposed sale of land west of Overland Trail and east of FIorsetooth Road. Attorney Fischer, in his opening remarks, stated there was 200 units of Horsetooth water, one log house, a rock house and a frame house included in this proposal. Also, the Pleasant Valley and Lake Canal ditch ran through the property and a small lake that coula be enlarged to irrigate the lower park.' Below were two alternate proposals for acquisition of the land: SEVEN. YEAR SALE TRACTS INTEREST AT AN OUTRIGHT YEAR PURCHASED COST PRICE INTEREST SALE PAID IN 7 YEARS 1973 A $112,000.00 None None 1974 F,G,H 88,779.00 $ 8,168.58 $25,714.32 1975 B,I 111,336.00 4,617.44 21,428.60 1976 J 99,498.00 3,979.91 17,142.88 1977 C 103,029.00 None 12,857.16 1978 D 102,938.00 None 8,571.44 1979 E 132,256.00 None _ 4,285.72 $749;836�00 fi16_765;93 590,000.12 158 TEN YEAR SALE PAYING $75,000.00 i PER YEAR TRACTS UNPAID INTEREST PAID AT AN YEAR PURCHASED BALANCE INTEREST OUTRIGHT SALE 10 YEARS 1973 AFGHIJ $316,214.49 None None 1974 214,214,49 $ 9,648.58 $27,000.00 1975 B 166,214.49 6,648.58 24,000.00 1976 186.611,93 7,464.48 21,000.00 1977 111,611.93 4,464.48 18,000.00 1978 C 139,604.93 5,584.20 15,000.00 1979 D 167,578.93 6,703.16 12,000.00 1980 92,578.93 3,699.16 9,000.00 1981 E 149,835.00 5,993.40 6,000.00 1982 74,836.00. 2,993.40 3,.000.00 $53,199.44 $135,000.00 Added comments by Attorney Fischer pointed out that this property could be purchased on an option basis; this was the last open space area to the west, and might solve the foothills dilemma, also the possibility of obtaining BOR funds for acquisition and development. City Manager Brunton expressed his concern over the availability of BOR funds, also the City's number one priority being the Lee Martinez Park. Questions posed by Council members included: 1. The need for development of an open area along the river bottom. 2. The need to decide on an"over-all open space and park plan. 3. The lack of a schedule for open space and a park plan. Mr. Tom Coffey, Consultant for Venture Developments, Inc., stated the seven year proposal was in accordance with the DT2 program; that the cash outlay would be minimal each year, and the possibilities open to the City under the option acquisition plan. Councilman Preble made a motion, seconded by Councilman Fead: to refer the matter to the administration for study and recommendation on:this propusal, appraisal and outline and evaluation of the total land acquisition program. Ordinance authorized relating to BB Guns City Manager Brunton stated he endorsed the recommendation 1'or an ordinance governing BB Guns and called on Chief Smith to add comments. Police Chief Smith stated the Police Department had no means of enforcement on cumnlaints i Er!' involving Bb guns. Council members spoke in favor of the recommendation leading City Attorney to request clafification on the desires of Council on the outlawing totally of BB guns, or the discharge of guns of premisses. Councilman Preble made a motion, seconded by Councilman Fead, to refer the matter to the City Attorney for ordinance preparation, to include BB guns in the discharge.:of;. weapons, as now defined in the ordinance. Yeas: Councilmen Carson, Lopez, Preble.and Fead. Nays: None. Purchase of Motorola Monitors for new frequency for Police Department Approved City Manager Brunton stated this item was not included in the City's 1973 budget, that this item was 100% funded through the Federal Government. Police Chief Smith outlined the use of the monitors and spoke in favor of the purchase. Councilman Fead made a motion, seconded by Councilman Lopez, to approve the request for purchase for a total of $1,347.50, 100% Federal funding. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None. i Agreement with Concessionaire at Collindale Golf Course, including transfer of 3.2% Fermented Malt Beverage License Approved City Manager Brunton stated the administration felt Mr. Vernon Haczb arth, con- cessionaire, appeared to be a good operator and recommended approval, of the contract. Director of Parks and Recreation, spoke to the terms of the agreement, hours and kinds of food served. CounciL-man Preble made a motion, seconded by Councilman Fead, to approve the agreement. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None. City Attorney March reviewed the file on the requested transfer of ownership of a Fermented Malt Beverage License, stating it was consistent with policy on transfers, also it was in accord with regulations governing the licensed premises and the payment of the occupation tax. Councilman Lopez made a motion, seconded by Councilman Preble, to approve the license transfer. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None. Ordinance authorized repealing Article XVI of the Code relating to Moving Picture Machine Operators City Manager Brunton referred to two letters on this item, one from the Fire Department and one from the Police Department in which the need for such a licens- ing regulation.110 loneer applied. Further, the current license holders would obtain a refund. Councilman Lopez made a motion, seconded by Councilman Preble, to refer this to the City Attorney for ordinance preparation. Yeas: Councilmen Carson, Lopez, Preble and Fead. Nays: None. Report of City Attorney 160 March 15, 1973 City Attorney March made a report on action brought against the Licensing Authority in the denial of a Hotel-Restaurart Liquor License for the Sportsman's Bar, stating the courts had found in favor of the City. Adj ournment Councilman Lopez made..a motion, seconded by Councilman Fead, to adjourn the Council meeting. Yeas: Councilmen Carson, Lopez, Lop/ez/, �P/reblieand Fead. Nays: None. �( /Ci%�iJ711 Mayor ATTEST: o Cltiy Cler c U