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HomeMy WebLinkAboutMINUTES-01/04/1973-Regularg January 4-,_197.3 January 4, 1973 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting A regular meeting cf the Council of the City of Fort Collins, Colorado, was held on Thursday January 4, 1973, at 1:30 P.M. in the Council Chambers of the City Hall. Present: Councilmen Carson, Lopez, Preble and Peterson. Absent: Councilman Fead. i Staff members present: Brunton, DiTullio, March, Reynolds, Liquin, Cain and Lewis. Minutes of regular meeting: of December 28 1972 - Reading dispensed Motion by Councilmen Lopez, seconded by Councilman Peterson, that the reading of the minutes of the December 28, 1972, meeting be dispensed. Yeas: Councilmen Carson, Lopez, Preble and Peterson. Nays: None. Ordinance No. 90, 1972 - Being an Ordinance relating to the creation and Organization of Street Improvement District No. 67, Providing for construction of Improvements therein, and authorizing the issuance of Bond to pay the cost of construction thereof. Adopted on Second Readinv. Councilman Peterson made a motion, seconded by Councilman Lopez, to adopt Ordinance No. 90, 1972, on second reading. Yeas: Councilmen Carson, Lopez, Preble and Peterson. Nays: None. Ordinance No. 91, 1972 - Being an Ordinance amending Chapter 19 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, commonly known as the Zoning Ordinance and classifying for zoning purposes the property included in the South Mesa First Annexation to the City of Fort Collins - Adopted on Second Reading Councilman Preble, made a motion, seconded by Councilman Peterson, to adopt Ordinance No. 91, 1972, on second reading. Yeas: Councilmen Carson, Lopez, Preble and Peterson. Nays: None. Ordinance No. 92, 1972 - Being an Ordinance amending Chapter 19 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, commonly known as the Zoning Ordinance and classifying for zoning purposes the property included in the Anderson Annexation to the City of Fort Collins, Colorado - Adopted on Second Rend;na Motion by Councilman Peterson, seconded by Councilman Preble, that Ordinance No. 92, 1972, be adopted on second reading. Yeas: Councilmen Carson, Lopez, Preble and Peterson. Nays: None. Ordinance No. 93, 1972 - Being an Ordinance amending Chapter 19 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, commonly known as the Zoning Ordinance and classifying for Zoning purposes the property included in the City Service Center Second Annexation to the city of Fort Collins, Colorado - Adopted on Second reading. Motion by Councilman Lopez, seconded by Councilman Preble, that Ordinance No. 93, 1972, be adopted on second reading. Nays: Councilmen Carson, Lopez, Preble and Peterson. Nays: None. Ordinance No. 94, 1972 - Being an Ordinance calling a special Municipal Election on February 20, 1973, and submitting to the qualified electors of the City certain Charter Amendments - Adopted on Second Reading, as amended. City Attorney March stated there was an error in the Ordinance in which the two sections had been given the same number: Change from "Amend Section 11, Article II of the Fort Collins Charter by deleting therefrom the second sentence of said section and by substituting there- fore the following: "Any vacancy in an elective office shall be filed within thirty days by appointment of the Council. Such appointment shall be for the unexpired portion of the term,"to read "Amend Section 18, Article II of Fort Collins Charter .....". Attorney March explained this was to clarify the rctatio.;'basi�. Councilman Peterson made a motion, seconded by Councilman Lopez, to amend the Ordinance, as corrected. Yeas: Councilmen Carson, Lopez, Preble and Peterson. Nays: None. Councilman Lopez spoke to the section of the Ordinance relating to nomination and election I y district, stating he felt.district nomination and at -large election provided district representation with at -large responsibility. , The Charter Review Committee had previously recommended nomination and election by district. Committee member Ray Greer, City Manager Brunton and Attorney March reviewed discussion held at Committee meetings dealing with this section. Councilmen spoke in favor of the amendment, suggestion by Councilman Lopez, who added he felt nomination of some Council candidates by districts would achieve representation of different areas and provide open communication between persons in that area and their Councilmen. Committee member Andy Anderson spoke in favor of the proposed amendment. 6- --- -- — — — — — — -- --- --- — -- - —- January_ 4.,_ 1973-- — Councilman Lopez made a motion to delete from the Ordinance those sections stating "nomination and election by district" and substituting therefore "nomination by district and election at -large". Motion properly seconded by Councilman Peterson and adopted. Yeas: Councilmen Carson, Lopez, Preble and Peterson. Nays: None. Councilman Lopez made a motion, seconded by Councilman Peterson, to adopt Ordinance No. 94, 1972, as amended, on second reading. Yeas: Councilmen Carson, Lopez, Preble and Peterson. Nays: None. Ordinance No. 9S, 1972 - Being an Ordinance creating election precincts in the City and establishing polling places within such precincts - Adopted on second reading Motion by Councilman Proble, seconded by Councilman Lopez, to adopt Ordinance No. 95, 1972, on second reading. Yeas: Councilmen Carson, Lopez, Preble and Peterson. Nays: None. Ordinance No. 96, 1972 - Being an Ordinance relating to requirements for furnishing utility service outside of the City Limits - Adopted on second reading City Manager Robert Brunton spoke to this ordinance, stating Director of Utilities would have some additional comments on the problems this ordinance could solve under another item on the agenda. Mr. Brunton added this ordinance would not mean the City would not be serving outside the City and we would continue to work with REA and Public Service, and thus not have the loss now experienced by the City paying for undergrounding. Many possibilities are available to the City under the ordinance. Councilman Lopez inquired if the Ordinance would make it more difficult to bring services to Andersonville, and was advised that it did not. Councilman Lopez made a motion, seconded by Councilman Peterson, to adopt Ordinance No. 96, 1972, on second reading. Yeas: Councilmen Carson, Lopez, Preble and Peterson. 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, author- izing the Director of Finance to adopt regulations, and setting forth detains in relation thereto - adopted on second reading. Motion was made by Councilman Lopez, seconded by Councilman Preble, to adopt Ordinance No. 97, 1972, on second reading. Yeas: Councilmen Carson, Lopez, Preble and Peterson. 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 - Tabled one week Lengthy debate on the ordinance started when City Manager Brunton stated he favored setting automatic fines. City Attorney March responded he felt fines should be imposed by the courts. Mr. March stated "the courts are in the best and only position to determine whether or not the circumstances justify a departure from the regular fine. if the legislative branch before hearing'the facts establishing the fine, people lose some important rights. Police Chief Ralph Smith spoke in favor of the ordinance and added if it were not passed as presented, the City might as well not pass an ordinance. Speaking to the question were Attorneys John Gascoyne and Ray Greer and other citizens. Police Department. personell also spoke to the question. Following the discussion, City Manager Brunton recommended the second reading of the ordinance be tabled on week to allow time for investigation of the points made during debate on the ordinance. Councilman Peterson made a motion, seconded by Councilman Lopez, to table action on the ordinance one week, and that the Administration and Council report back on suggested amend- ments to the ordinance. Yeas. Councilmen Carson, Lopez, Preble and Peterson. Nays: None. Ordinance No. 99, 1972 - Being an ordinance amending Section 8-49 through 8-137 of. the Code of Ordinances of the City of Fort Col:insl; J8;''as aipnded, being the sales and use ,tax Ordinance, raising the sales and use tax, designating the purposes for which the additional revenue from such increased tax may be used and provid}ng for the pledge of such additional revenue to secure bonds to be issued by the City - Adopted as amended on second reading. City Attorney March stated there had been some areas of sales tax left out of the ordinance, and read at length the amendment to bring these items into the ordinance. Councilmna Lopez made a motion, seconded by Councilman;Preble, to amend the ordinance by adding the items submitted by the City Attorney. Yeas: Councilmen Carson, Lopez, Preble, and Peterson. Nayes: None. Motion made by Councilman Peterson, seconded by Councilman Preble, to adopt Ordinance No. 99, 1972, as amended, on Second reading. Yeas: Councilmen Carson, Lopez, Preble and Peterson. Nays: None. 3 January 4, 1973 Bid awarded for 15,000 gallons L.P. Gas for Sewage Treatment Plant City Manager Robert Brunton stated five invitations were sent out and only one bid was received. He also stated the City manufactures its own. LP Gas and that this would be standby gas and good to have consideration of the fuel shortage at this time. Councilman Peterson made a motion, seconded by Councilman Preble, to award the bid as recom- mended to Poudre Valley Van Gas, Inc., in the amount of $2,475,00. Yeas: Councilmen Carson, Lopez, Preble and Peterson. Nays: None. Application for Federal 701 Planning and Management fund to department of Housing and Urban Development. Director of Planning, Don Reynolds, gave a brief resume of the four year program, which would include a housing study, environmental study, etc. Councilman Lopez inquired if staff people would be doing field work as regards soil condi- tions, air samples and the like. City Manager Brunton responded he felt we did not have the staffing capabilities, even with the grant to adequately adopt air pollution or noise ordi- nance, but did not like to see these items die, without having proper response from the legislative body. in the case of the suggested Noise Ordinance, he agreed with Councilman Preble that those industries who had worked on the proposal deserved a reply and would be invited to the Council meeting at which time it would be discussed. Councilman Preble made a motion, seconded by Councilman Lopez, to authorize the Mayor to submit the application to HUD. Yeas: Councilmen Carson, Lopez, Preble and Peterson. Nays: None. Participation in Engineering Study - Approved City Manager Brunton submitted the following the then spoke to the question: Stateieent of Problem: li:=it damages if any to the River users and what alternatives are available to get the discharge back into the River at the upstream headgate? ?ietaod: Historic cxaninization of diversion before headgate. a. PGhat ditches would be called out? b. 1,ro will suffer the most and when will suffering occur? Alternatives to include: Estimate of cost (1/2 of total borne by each party), a. Pumping b. Exchange and with 'whom, where, when, why, how a {fells near head. -ate d, Enlarging Fossile Creek Reservoir e. Possible effects.of ll3 plant Mr. Brunton listed the members of the Joint Committees of the City and the Cache La Poudre Water Users Association who had reviewed proposals of three Engineering Firms, McCall - Ellingson, Mort Bittinger and Associates and Bill Hansen. McCall -Ellingson submitted a not to exceed $6,000 proposal, Bittinger and Associates a $2,700 to not to exceed $3,500 and Bill Hansen from $2,500 to $3,000. The Cache La Poudre Water Users Association and City Committee recommended the firm of Mort Bittinger and Associates and the Administration also recommended the not to exceed $3,500, one-half, $1,750 to be paid by the City out of the sewer funds. Councilman Lopez made a motion to authorize the City Manager to enter into an agreement with Mort Bittinger and Associates, not to exceed $1,750, with the clear understanding that the City, in no way, had a legal responsibility as to the point of discharge. Motion properly seconded by Councilmen Preble and adopted. Yeas: Councilmen Carson, Lopez, Preble and Peterson. Nays: None. in January 4, 1973 Reconsideration of approval of Planned Unit Development for A & W Restaurant City Manager Brunton stated this development was approved at the December 21, 1972 meeting, but that at the time the developer applied for a building permit, he was advised that two acres were required under the HB, Highway Business zone. This Planned Unit Development contains 1.02 acres. Director of Planning, Donald Reynolds gave a brief statement on how this requirement came about. Drive-in Restaurants, for one, are common uses listed as part of a PUD under the Highway Business zone. However, much land especially on South College and North College was already subdivided and platted prior to the adoption of the HB zone. The intent was to provide means by which these lands could meet the requirements under a specific plan. This proposed specific plan has not been acted on nor has an amendment to the zoning ordinance been made to allow these lands to come into conformance. City Manager Brunton, therefore, felt the course of action would be for the City to petition the Zoning Board of Appeals for a variance on behalf of A & IV, since he felt the intent was to give reasonable control and not confiscate a person's property. Mr. William Chilton, representing the developer, spoke to the question, saying he had first applied on November 9, 1972, and felt the delays were extremely costly. Manager Robert Brunton again stated the City's job was to assist people. Councilman Lopez made a motion, seconded by Councilman Preble, to authorize the administration to request a special meeting of the Zoning Board of Appeals to hear this variance request for a reduction in the acreage. Yeas: Councilmen Carson, Lopez, Preble and Peterson. Nays: None. Councilman Lopez urged action on a specific plan, or amendment to Zoning Ordinance. Discussion of Horsetooth Lanes Annexation Director of Utilities, Stan Case, advised Council that although the ordinance annexing this property was not scheduled for second reading until January 11, 1973, he wished to advise Council -that his department had been in touch with the petitioners and advised them of the costs involved in serving this annexation, at which time the petitioner informed him they refused to pay the charges. Mr. Case also submitted copies of the electric services rules and regulations setting out these charges. City Attorney March also advised Council the annexation plat was not a proper form acceptable to the County. No action was taken on this item but was submitted for Council information. Purchase of a one ton truck and Vermeer Spade - Authorized. City Manager Brunton advised Council that purchasing this item as a unit would be cheaper. He also added $11,300.00 had been allocated in the budget to purchase the chassis and spade separately, ($7,300 for spade - $4,000 for chassis), however, the unit from Vermeer could be purchased for approximately $10,800.00, a savings of $530.00, and recommended the sole source bid. Councilman Preble made a motion, seconded by Councilman Peterson, to authorize purchase of the unit as recommended. Yeas: Councilmen Carson, Lopez, Preble and Peterson. Nays: None. Purchase of Single Phase Meter - Authorized City Manager Brunton stated this item was not on the agenda, but was a sole source justifi- cation as the City now had 90% Westinghouse meters and they were needed when the City goes into computerized billing. The recommendation was to purchase from Ryall Electric Supply Company of Denver in the amount of $30,835.00 for 1,920 meters and 1,920 tags. Councilman Lopez made a motion, seconded by Councilman Peterson, to approve this recommendatioi Yeas: Councilmen Carson, Lopez, Preble and Peterson. Nays: None. Reports of City Attorney City Attorney March stated the Council should direct the Administration to commence work in short order on districting the City for the April Election. Councilman Peterson made a motion, seconded by Councilman Preble, to refer this matter to the Administration for handling. Yeas: Councilmen Carson, Lopez, Preble and Peterson. Nays: None. Reports of City Manager City Manager Brunton requested verification'on Council members attending the meeting in Estes Park on .January 24, 1973. Comments or Questions by members of the Council Mayor Carson stated the Sunshine Act does not apply to Council members. Councilman Lopez inquired into the progress of the Housing Code and was advised this matter was progressing and would appear on the agenda in the 'near future. The next item of inquiry was the purchase of the pumper and ladder truck for the Fire Department. Mr. Lopez stated he had had inquiries as to the desirability of purchasing this item as a unit, or if it was needed at all. Mr. Brunton stated this item would be investigated and would report back. Councilman Preble stated that for the past three meetings, no notice had been given by the 5 news media on her "night watch session". Adjournment January_4.,=1,97.3 Motion was made by Councilman Lopez, seconded by Councilman Peterson, that the Council Adjourn. Yeas: Councilmen Carson, Lopez, Preble and Peterson. Nays: None. ATTEST: City Clerk F