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HomeMy WebLinkAboutMINUTES-01/25/1973-Regular�9 January 25, 1973 January 25, 1973 COUNCIL OF THE 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, January 25, 1973, at 1:30 P.M. in the Council Chambers of the City Hall. Present: Councilmen Carson, Preble, Peterson and Fead. Absent: Councilman Lopez. Staff members present: Brunton, DiTullio, Reynolds, Liquin, Cain, March and Lewis. Tribute paid to President Johnson Mayor Karl E. Carson requested all to stand for one minute of silent meditation in tribute to President Johnson, in view of the memorial services be held today. Proclamation proclaiming January 27, 1973, as Celebration of Peace Day in Fort Collins Mayor Karl E. Carson spoke in favor of the proclamation in view of the cease fire agreement concerning the Viet Nam hostilities, and urged all citizens to attend the Celebration of Peace Service to be conducted by the churches of the City. P R 0 C LARIAT 1 0 N WHEREAS, it has been announced that a cease fire agreement concerning the Viet Nam hostilities will he signed on January 27, 1073; and WHEREAS, the signing of such agreement and the resultant cessation of fighting in Viet Nam is a long hoped for and awaited moment for all Americans; and WHEREAS, the churches of tic City have scheduled a service of prayers and hymns to commemorate the occasion of the signing of such cease fire agree- ment; and WHEREAS, such Celebration of Peace Service will be a one hour inter- denominational service open to all the p.abiic conducted at tic First United Presbyterian Church in Fort Collins between the hours of 5:30 P.M. and 6:30 P.M. on .January 27, 1973, such time to coincide with the time of signing tic agreement; and WHEREAS, it is highly fitting and proper that such event be commemo- rated in this way. 30 NOW, THEREFORE, I, i %t I, E. CAR30Pi, Mayor of the City of Fort Collins, do hereby proclaim January 27, 1973, as Celebration of Peace Day in Fort Collins and I do further urge all of tho citizens o..f this City to ^tterd the Celebration of Peace Service to be conducted by the Churches of the CiC�y on such day. Given under my hand and the seal of the City of Fort Collins this 251;h clay of January, 1973. fayor , Capital Improvement Slide presentation by Designing Tomorrow Today Committee Mr. Richard Siever and his staff of the Designing Tomorrow Today Committee gave a slide presentation:to be used in conjunction with the Capital Improvements proposal on the February 20, 1973, Special Election. Mr. Siever stated there were to be a series of about 40 coffees where this slide presentation would be viewed and that it would b e available to other groups upon request and availability. Mr. Siever also stated that both in the presentation and the pamphlet, the times and costs were estimated and would iargley depend upon the availability of federal funds and depending upon the availability of matching funds from other governmental agencies. In closing Mr. Siever expressed his appreciation to the University for providing equipment and to the Core Area Redevelopment Association CORAD.who_paid for the pro- duction of the presentation. Minutes of Regular Meeting of January 18, 1973, Approved. Councilman Preble made a motion, seconded by Councilman Peterson, to approve, as published, the minutes of the regular meeting of January 18, 1973. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None. Transfer of Ownership - Best Bowl 3.2% Fermented Malt Beverage License, Approved. City Attorney March stated that if Council pleased, they should hear Attorney Wilmarth's presentation; that there had been a previous 3.2 license at this establish- ment, that the owners of the business were applying to have the .licenses transferred to them on an eviction theory, that the license had lapsed, and that there had been conversations with the State and that the State was willing to consider this as a transfer on an eviction proceeding. Attorney Wilmarth agreed basically with the comments of the City Attorney, and stated that the licensee, Mr. Kenneth Doty, had been written a letter advising him that he was being evicted for failure to pay the rent and other reasons and that they were now applying for a transfer of ownership under the City ordinances. Attorney Wilmarth added that in addition to submitting the application for transfer with the City.Clerk, he had contacted the State officials and was advised that if the transfer were approved by the Council, they could proceed under this premise -31 Januaryy 25, 1973 City Attorney March reviewed the reports of the Police Department and stated he did concur with Mr. Wilmarth and felt the Council could proceed without further hearing. Upon further questioning from the Chairman, Mayor Carson, the City Attorney stated that there is no transfer or.renewal, literally, under State Statutes , but that the City had set up procedures for these cases. I Councilman Preble made a motion, seconded by Councilman Fead, to approve the transfer of ownership for Best Bowl, Inc. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None. Renewal Application for a 3.2% Fermented Malt Beverage License for Gene Kapperman dba Gene's Tavern, 200 Walnut Street Approved City Attorney March read the recommendation of the Police Department which stated no legal basis could be found for recommending denial of the renewal application at this time. Councilman Peterson made a motion, seconded by Councilman Fead, to approve the renewal application for a 3.2% Fermented Malt Beverage License for Gene's Tavern. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None. Renewal Application for a 3.2% Fermented Malt Beverage License for Southland Corporation dba Seven Eleven Store, 216 West Prospect Approved The recommendation of the Police Department stated no legal basis could be found for recommending denial of the renewal application at this time. Councilman Fead made a motion, seconded by Councilman Peterson, to approve the renewal application for a 3.2% Fermented Malt Beverage License for Seven Eleven Store, 216 Prospect. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None. Resolution and findings Adopted for Club Liquor License for V.F.W. Rocky Mountain Post H1781 Councilman Preble made a motion, seconded by Councilman Peterson, to adopt the resolution and findings for the Club Liquor License for the V.F.W. Rocky Mountain Post #1781. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None. 1'Ii•?i7"a.;:i A;,10 73-4 OF 17 :; COuiciI. OF 'ml; CITY OF FOI 1' COLLT?•IS, Cola ati)0, Tiii L(MAL LIO_LOi: LICI`iSING Atri OU'lY CO:.';;E;2,`q*- TdG :.1, ld'P IC..TI0:1 'r0.2 1t ;17i'I1 AM) i.T.;It.,,fcAiil LIQiai., LIMNSITE 7 l'c: anlll..ICatl O:1 for Mb,, ittai.n post NlunibCr 1731 of Vetcra:ls of Forciga Wars for a Club Lif[uor .LiCo:1sc cam.1 o(1 for llearin• on the 11t11 day of .Tairaoxy, 1973, ill t le COLtiicli C:alilbcrs, City :fall, fort Collins, Colorado, pursvxit to ;otico, ;luly givcn as required by law. i�l'.: aLitJiO"i 7.ty, :13Vi'l(ti llCanl t.ic v''Vi(icllcc introducud .a the ilearinb, :Alt. Oavin", introduc,'d lavi;tg Ac:,%Co�Corc hold a prclilui:"Gtry he ai'Lng a:nd isG;uo�l findii —s 3.11 writin,? oll S;ll.d PrClhlillary hearing. 32 ..:arrag, i101:' ^3 CCS the folio',.3"i 1. 71c ih:'i7libor:lood to bo served wider this application is as WAY n l im� � y •` �- II de �nec. in t:. :rc.._. i:h .i, fi;;.li;.,.. Of �:_ Atr�;�rity. li 2. rAtaing c0:ltaincC in C.R.S. , 1963, Section 7S-2-39 prohibits the issuing of a license at the prox)scd location. 3. The applicants are of hood clzractor and qualified under the Ordinances of tin City of Fort Collins and Vic laws of the State of Colorado for the license applied for. 4. The application is .in proper form. s. r.videace i:'as pre.sented Ly the applicant indicating a need for :e license applied for and no rn: 'donce i%ras :.resonted inCacating gilt said nerd. does not exist arc'.5 tic loco! liecasing authority hereby finds tl;at tie iza sonable ro qulro:nents of said clue require the issuan ac of the license ap;>licd for. 6. ':I1c uailding is .-j jch trio license is to be operated is now constructod; .OwevLr reports f':oiu t.`he City Building Inspector and tic City Fire L 1--,,lartmoiit indicate that said bllild-zn!-,, is not now safe for habitation and extensive rer.odel:ing and renovation i;ili be necessary and the applicant has agreed that the Same is necessary and IiJ.S consented tliat the license siiall not issue until tiie "building !,,is :icon Topaired and renovated to the satisfaction of tin City i ill ling i;cPartil opt and Fire Uepar tmt it and there - fora no license should issue until thO re]I:O[iE:.liil}?and renovation is completed in accordance .ri1 1 the requirei:r ;a of tic city Building* Inspector and Fire Depart nut made in eoi u-niiity with tE i2 ord i3iznccs of tale City of fort Collins. Ri SOL.UII0,i ( )t• ii i., C(ri.i,' "TL ;.)P n,iL; f�I i"• 7F P;T„ COLLINS ; '711;�1`, ��`: MQ11i L.ICiY PMG i,Litl i_.-tITC CMCE!Nf:iC A:,.F APPLIQA IO. v0i, A 1,0'i't.L AA;D I illitv4';P I,IQuolz LICLi SF. ?3 January 25, 1973 c r _.. , aj is .., C;q?.vi �..a. it`_ ,=J ':i.t}" Of 'Jrt l.011ll1:;. Ct 111�.; as t_"LC local liquor liconcin- a,uthori.ty '":-tat t:e a•')plicatler': of iloc:q ;',buatain rest :kLnDor 1781 of Vctuerans o:c :'ore -n for a Cllli) (,.1IeluUT 1.1CeiL5C u'e and tit@ sam^ Aureb"y` Ls granted lA acCOrdlA2ce _Ltt1 ti;o ftaklin4gS 01 the J,1,:thority set forth ab;Yru; BE IT rdMIMIZ 1C�SOLVTED that 3 Lid license shall not issue 'until tlxe building for vadch said license -was applied is remodoled and repaired in accordance with the. requh-ez.cnts of the City Building Inspector and the Fire Department, and ti'.0 �wthority has received a report froin said Building Inspector and Fire Department tlat said Nprovements have been completed in accordance with their require.m;,,nts. ATiiST: Passed .end ajrrpted this ?Ste day of January, A.D. 1973. C- z°rnan Ordinance Adopted Annexing Horsetooth Lanes Annexation This item had been tabled on January 11, 1973, at the request of the Administration in order to resolve the electric Hook up costs, agreement with the developer. Councilman Preble made a motion, seconced by Councilman Peterson, to remove this item from the table for consideration. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None. Attorney Wilmarth stated he had received a letter from City Manager Brunton regarding the agreement for payment of the electrical services hook up and agreed to all the contents. City Manager Brunton stated that the second reading of the ordinance had been tabled due to an understanding that the differences were resolved and they did conform entirely with verbal conversations. Attorney Wilmarth agreed and stated he would like to withdraw their objections to the proposed annexation going forward. City Manager Brunton stated he hoped to avoid similar situations such as this with the new Utility Extension Policy, and that the Administration would like to proceed 0;44 January 25, 1973 subject to Council approval to have the developer pay the cost of these additional improvements over a period of six months with 6% interest; that in all probability it would take Public Service Company ninety days to process the necessary papers to disconnect the service, that the City service would be available before that, however', the City would allow the applicant a six month period to pay the bill after the thirty -day billing period, with 6% interest. City Attorney March then stated the only remainigg problem was that of the Annexation Plat. Attorney Wilmarth stated they had signed a letter agreeing to annex and had met the conditions set forth in the agreement and felt this was not their problem. City Manager Brunton stated he would like to see the annexation proceed and felt the problem of the plat could be handled in-house. Councilman Preble made a motion, seconded by Councilman Peterson, to adopt the ordinance on second reading annexing the Horsetooth Lanes to the City of Fort Collins. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None. ORDINANCE No. 102 , 19 72 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORT TO THE CITY OF FORT COLLINS. COiTRAhO WHEREAS, 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 of Fort Collins, Colorado; and WHEREAS, the City Council has found and determined and does hereby find and determine that said petition is in substantial compliance with the provisions of Colorado Revised Statutes, 1963, s 137-21-6, as amended; and WHEREAS, the owners of one hundred per cent of the property to be annexed have petitioned for said annexation; and WHEREAS, not less than one -sixth of the perimeter of the area to be annexed is con- tiguous .with the City of Fort Collins and a community of interest exists between the territory to be annexed and the City of Fort Collins and the territory to be annexed 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 WHEREAS, none of the provisions of Colorado Revised Statutes, 1963, § 139-21-4, as amended, are violated by the annexation of this territory to the City of Fort Collins; and WHEREAS, no election is required under the provision of Colorado Revised Statutes, 1963, § 130-21.-6 (2), and no additional terms and conditions are to be imposed in connection with this annexation; and WHEREAS, the territory is eligible for annexation and the City Council desires to annex the same to the City of Fort Collins. NOW, THEREFORE, BE IT ORDAI`dED uY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That all of the territory more particularly described a* situate in the County of Larimcr, State of Colorado, to -wit: ?.5 January 25, 1973 A tract of land situate in the Northeast 4 of Section 3S, To,,�nship 7 North,' Prange 69 West of the 6th P.M., which considering the North line of the said Northeast Q as bearing N. S9049140" W. and with all bearings contained herein relative thereto is contained within the boundary lines xhich begin at a point on the North line of tho said northeast '-s which bears N. 59049' 40" W. S93.14 feet from the Northeast corner of said Section 3S and run thence S. 01004' W. 320.00 feet; thence N. 89049140" W. 300.00 feet; thence N. 01004' L. 320.00 feet; thence S. 89049140" U. 300.00 feet to the point of beginning, containing 2.2 acres more or less and being subject to a 30.00 foot road right-of-way over the Northerly portion thereof for Horsetooth Road. be and it hereby is annexed to the City of Fort Collins and made a part of said City, to be known as the Horsetooth Lanes Annexation to the City of Port Collins. Section 2. That in annexing said territory to the City of Port Collins, the City of Fort Collins does not assume any obligations respecting the construction of water mains, sewer 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 the ordinances of the City of Port Collins. Introduced, considered favorably on first reading, and ordered published this 21st day of December, A.D. 1972 , and to be presented for final passage ol„ the ME day of January, A.D. 1973. ;JJZ-� 144 s lays r ATTEST: City Clerk Passed and adopted on final reading this 25th day of January, A.D. 1973. /r slayer ATTEST: i City clergy: Presented: December 21, 1972 (Vote Yeas: S Nays: 0) Passed: January 25, 1973 (Vote Yeas: 4 Nays: 0) Published December 26, 1972 and .January 30, 1973 Attest: 06 January 25,,_1 Ordinance adopted annexing the South Mesa Second Annexation to the City of Fort Collins i This ordinance had been tabled on January 11, 1973, pending disposition of the ordinance annexing Horsetooth Lanes Annexation to permit contiguity. Councilman Peterson made a motion, seconded by Councilman Fead, to remove this item from the table for consideration. Yeas: Councilmen Carson, Preble, Peterson and Foal Nays: None. Councilman Fead made a motion to adopt Ordinance No. 103, 1972, annexing South Mesa Second Annexation to the City of Fort Collins. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None. ORDINANCE No. 103, 1972, BEING AN ORDINANCE ANNEXING CERTAIN TFRRtTORY TO 'I'Illi CITY OF FORT COLLINS, COLORADO WHEREAS, 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 of Fort Collins, Colorado; and WHEREAS, the City Council has found and determined and does hereby find and determine that said petition is in substantial compliance with the provisions of Colorado Revised Statutes, 1963, s 137.21-6, as amended; and WHEREAS, the owners of one hundred per cent of the property to be annexed have petitioned for said annexation; and WHEREAS, not less than one -sixth of the perimeter of the area to be annexed is con- tiguous with the City of Fort Collins and a community of interest exists between the territory to be annexed and the City of Fort Collins and the territory to be annexed 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 WHEREAS, none of the provisions of Colorado Revised Statutes, 1963, § 139-21-4, as amended, are violated by the annexation of this territory to the City of Fort Collins; and WdEREAS, no election is required under the provision of Colorado Revised Statutes, 1963, § 139-21-6 (2), and no additional terms and conditions are to be imposed in connection with this annexation; and . WHEREAS, the territory is eligible for annexation and the City Council desires to annex the same to fhe City of Fort Collins. NO'W, TiiLPFFORE, BE IT ORDAINED SY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That all of the territory more particularly described as situate in the County of Larimcr, State of Colorado, to -wit: Lots 20, 21 and the Westerly 120 feet of Lot 22 in the South Mesa Subdivi- sion and the North !2 of I-lorsetooth Road lying south of Lots 20 and 21, all being more particularly described as follows: Begin at a point on the South line of the Southeast I of Section 26, To,.hnshi.p 7 North, Rangc 69 Nest of 37 January 25.,_197.3 the Sixth pji., wich bears N. 890S4' W. 643.02 feet from tho Southeast corner of: said Section 26, and rwi thence N. 00°05, W. 230.00 feet; thence N, SON' W. 76.13 feet; thence N. 000S4' E. 106.01 feet; thence S. 890SS' W. 120.00 feet; thence S. 00054' W. 53S.66 feet to the South line of the South- east J of said Section 26; thence along said South line, S. 890S4' E. 200.11 feet to the point of beginning, containing WAS acres, imore or less. be and it hereby is annexed to the City of Fort Collins and made aipart of said City, to be known as the South Mesa Second Annexation to the City of Fort Collins. Section 2. That in annexing said territory to the Fort Collins does not assume any obligations respecting sewer lines, gas mains, electric service lines, streets in connection with the territory hereby annexed except of the City of Fort Collins. Introduced, considered favorably on first reading, day of December, A.D. 1972 and to be presented for January, A.D. 1973. Mayor ATTEST: City Clerk i City of Fort Collins, the City of the construction of water mains, or any other services or utilities as may be provided by the ordinances and ordered published this 21st final passage on the 25th day of Passed and adopted on final reading this 25thday of January, A.D. 1973. Mayor ATTEST: City Clerk Presented: December 21, 1972 ('vote Yeas 5, Nays 0) Passed: January 25, 1973 (Vote Yeas:4, Nays 0) Published: December 26, 1972 and January 30, 1973. Attest: City Clerk Ordinance adopted on First Reading Annexing Collindale First Annexation I IS Councilman Fead made a motion, seconded by Councilman Preble, to adopt the ordinance annexing Collindale First Annexation to the City of Fort Collins on first reading. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None. Resolution adopted giving notice of hearing and proposed zoning of Collindale First Annexation Councilman Preble made a motion, seconded by Councilman Peterson, to adopt the resolution giving notice of hearing on the proposed zoning in the RLP, Low Density Planned Residential District for the Collindale First Annexation. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None. .ESOLUTIO`I 73-5 OF THE COUNCIL OF TILE CITY OF FORT COLLINS GIVING NOTICE CONCERNING A PROPOSED ORDINANCE t vnNDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1953, AS NIENDED, COje,iO,\LY 1GNO1,vN AS THE ZONING ORDIiNANCE, IN ORDER TO CLASSIFY FOR ZONING PURPOSES CERTAIN PROPERTY BEING ANNEX D TO TI- CITY OF FORT COLLINS iv}EEAS, heretofore the City Council of the City of Fort Collins initiated annexation procedures for certain property known as the Collindale First Annexation to the City of Fort Collins more particularly described in the "Notice of Public Hearing" attached hereto; and P%MREAS, the Planning and Zoning Board has made a study concerning the proper zoning for said land and has held a hearing and considered the request it has received regarding such zoning, and has made a report and recommendation thereon all in accordance with the Ordinances of the City of Fort Collins; and I%KE.RPAS, the City Council desires to hold a hearing on an ordinance zoning said lands. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that February 15, 1973, at 7-:30 P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers of the City Hall of the City of Fort Collins, is hereby set as the time and place for a public hearing on an Ordinance zoning said lands; and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a notice of said hearing as provided in Section 19-46 of the January 25, 1973 Code of Ordinances of the City of Fort Collins, Colorado, 1955, as amended, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this 25th day of January, 1973. ATTEST: /s/ Verna Lewis ity Clerk s/ Karl E. Carson Ordinance adopting Fire Code Tabled City Attorney March gave the'foilowing review of the Proposed Fire Code, with City Manager Brunton and Fire Chief Yonker also adding remarks. Some time ago, the Fire Department requested that the City take a look at a Fire Code which was adopted in California, at that time a Fire Code Review Board was appointed whose basic procedure was to divide the Code into sections and report back, with some areas reviewed by the committee as a whole. From those recommendations the City Attorney drew up the proposed ordinance adopting a Fire Prevention Code. The City Attorney did point out that the Council did not have copies of the Code used by the Fire Review Board and that until such time as the Council did have these copies, it would not be possible to make a decision on the proposed ordinance. City Manager Brunton and Fire Chief Yonker stated the City had ordered a limited number of copies and that they would be obtained from the memhars of the Fire Review Board. for the Council perusal. City Attorney March also stated the City of. Fort Collins had formerly worked under the Code of the National Fire Protection Association, that it had been less workable because it was not compatible with the Building Inspection Department regulation and because of the overly general language not being specific enough. In the proposed ordinance, he had included tw-c changes, one, pulling out. most of the licensing provisions and adding the provision to rely more on inspections, then going into municipal court for specific violations. The Fire Review Board had also pulled out references to other codes, which if included, would necessitate adopting those codes also, and did include the standards of the National Fire Protection Association which should be on file in the Clerk's office for review, if Council desired to adopt the code. City Manager Brunton stated we should have the code on hand for review, and that the Fire Chief had made some good points by stating the purpose was a closer liason between the Fire Department and the Building Inspection Office, providing one single policy for all inspection. Councilman Peterson made a motion, seconded by Councilman Preble, to lay this item on the table until some future date. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None. 40 2S, 1973 Ordinance adopted on First Reading Removing Block No. 142 from Fire Zone 1 City Manager Brunton stated this was something Council had tallied about last week and the idea from the Fire Department on correlating the zoning ordinance with the various fire districts, to be discussed later on the agenda, but that it needed a great deal of input from the builders and developers because we would be placing higher requirements on high density uses of property, that this was a step in that direction. Mr. Brunton added that last week when the City Attorney stated it was ready, he was correct, however, the building profession was not ready for the question, and right now, the Administration was just asking for the one block in. order to get the fence built at the museum. Councilman Preble made a motion, seconded by Councilman Fead, to adopt Ordinance No. 13, 1973, removing Block No. 142 from Fire Zone 1, on first reading. Yeas: Council- men Carson, Preble, Peterson and Fead. Nays: None. Ordinance adopted on First Reading relating to the Offense of Intoxication City Attorney March stated the Courts had declared the previous intoxication ordinance unconstitutional, therefore the need for this new ordinance. City Manager Brunton stated the Law Enforcement Officers were having problems with this because of the wording of the old ordinance. Councilman Fead made a motion, seconded by Councilman Preble, to adopt Ordinance No. 14, 1973, on first reading. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None. Resolution Adopted regading City Council Expenses Councilman Preble made a motion, seconded by Councilman Peterson, to adopt the resolution regarding City Council expenses. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None. YM 73-7 OF THE COUNCIL OF THE CITY 07 :101T COL'_IMS ESTAKISHINI A POLICY REGARDIAG CITY COUNCIL EXPENSES is CONNECTION !•WITH COi9VEITIONS AND OTHER TRAVEL COANECTED .WITH CITY SUSIJESS WHEREAS, heretofore the City Council astabli3hyd a policy that Me expenses of a spouse of a council member in awnding minicipal conventions or other city travel QX',.lr its 0s, would J. reimbursed ..sed by 00 City; and WHEREAS hereLofore on January 13, 1973, a motion was duly passed by the City Council to change such policy; and WHEREAS, the City Council desires to sCt forth by Nritten Resolution the policy of the City Culocil as to future expenses of this nature. :OW, THEREFORE, SZ IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Januar_y_25.,_I R0 il ::CC C'I Oil i. H0i^c?uT �cr, the city wail raimburse council mem•`Ors in conacctloll :'1h h their attendance at city conventions Or for travel for any other purposo on city bu"ness, only to the extent Of the OxPenses Of the council member, and such reimbursement shall not extend to the expenses of a snouse of a council member. i Section 2. Such reifmbursemant for council member expAses shall incl'udo i travel expenses to and from the size of the convention or other city business, and lodging and meals during the time of the convention or other city business, and any other expenses reasonably incurred by the council member and associated ;ijl the convention or other city business in question. Section 3. Such reimbursement shall not include reimbursems, for any Personal expenses not connected with city business. Passed and adopted at a regular meeting of the City Council held this 25th day of January, A.O. 1973. ATTEST: :; ;nor Resolution adopted Appointing G. C. Mabry as Ex-Officio member to the Planning and Zoning Board City Manager Brunton stated he had rec&ved a letter from Superintendent of Schools, Dan L. Webber, stating that at the Administration's request, he would like to appoint Mr. G. C. (Chuck) Mabry as Poudre R-1's representative to the Planning and Zoning Board. Mayor Carson stated he would like for the record to reflect the Council's acknowledge- ment of Poudre R-1's appointment. Mr. Brunton also added on future annexations, zonings and rezonings, the City would have input from the Schools. Councilman Fead stated he felt this was very important. Councilman Peterson made a motion, seconded by Councilman Preble, to adopt ution appointing a representative to attend meetings of the Planning and the resol- Zoning Board. Yeas: Councilmen Carson, Preble, Petorson and F'ead. Nays: None. RESOLUTION 73-6 OF THE COUNCIL OF THE. CITY OF FORT COLLINS REQUESTING THAT THE SCHOOL DISTRICT APPOINT A REPRESENTATIVE TO ATTEND MEETINGS OF THE PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS IN ORDER TO PROVIDE COORDINATION BETWEEN THE SCHOOL BOARD AND THE CITY AND MATTERS EFFECT- ING BOTH BODIES WHEREAS, in the past, concerns have been expressed to the City Council that actions of the City in the zoning of property may interfere with, or not corres- pond with, the planning of Poudre School District R-I; and I -2 WHEREAS, it has been suggested to the City Council that a representative from the school district attend the meetings of the City Planning and Zoning Board; and WHEREAS, the administration of Poudre School District R-;I and the board of I such school district have been contacted and have indicated that they would desig- nate a representative from the district to attend meetings of the City Planning and Zoning Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. The City of Fort Collins hereby requests that Poudre School District R-I designate a representative from the school district to attend meet- ings of the City of Fort Collins Planning and Zoning Board. Section 2. Such designated representative shall sit with the City Planning and Zoning Board at all meetings and shall be considered an ex officio non -voting member of such Board. Passed and adopted at a regular meeting of the City Council held this 25th day of January, A.D. 1973. ATTEST: City Clerk r Mayor Bids awarded for 1S0 Galvanized Streetlight Poles Mayor Carson inquired why only two manufactures have been approved as sources of supply. Director of Utilities Stan Case, reported other manufactures have been removed from the list for fatigue due to wind in Denver and Wyoming. City Manager Brunton stated the bid process was very elaborate, that the Administra- tion does not like sole source bids, and that shortly the Administration would be looking to the Council for guidance on the bidding procedure - purchasing going on computers, reasons for taking bidders off the list and the Administrators wish to buy quality materials at the best price. In the mean time the delivery date was important and low bid was recommended. 43 Councilman Preble made a motion, seconded by Councilman Fead, to accept the recom- mendation and award the bid to Union Manufacturing Company in the amount of $14,325.00. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None. Bid awarded for 1973 Transformer requirement for Light and Power Department Director of Utilities, Stan Case, stated that they were having a problem with bidders taking exception to paint colors specified and guaranteeing a firm delivery date. The question of color came about when citizen complaints were received with regard to the O.D. Army Green color, and the City had gone to a mist green color for the sake of aesthetics; the delivery dates had started at from 8 to 10 weeks, they were now to 30 weeks, and Light and Power has a . new letter indicating a 56 week delivery date; therefore, to delay awarding the bid would mean going into 1974 without poles. for Councilman Peterson inquired if the City could provide/painting poles and was advised that the City has no facilities for baking on enemel paint, that it was a matter of accepting the bid or rejecting and starting over, and that it would be more costly on a custom basis. Councilman Fead made a motion, seconded by Councilman Peterson, to award the bid as recommended, in the amount of $1,061.00 to Allis Chalmers, and $108,700.00 to RTE Corporation. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None. Discussion of Correlation of Fire Zones establishing Fire Districts City Manager Robert Brunton stated this was a matter to be worked out between Planning and Fire Zones, that the Administration would like unofficial authorization to discuss this matter with the contractors as it involved possible higher costs in construction. Fire Chief Ed Yonker stated the main concern was in safety. Mayor Carson inquired if this would help our rating and also if these restrictions would apply to Mobile Homes. City Manager Brunton stated "yes" this would help our rating and "no"it did not apply to mobiles, however, when codes are made more restrictive, you are accused of putting on higher costs and all that is desired is to provide a reasonable degree of safety. Chief Yonker also added that under the present system, a review was made every 5 years and he felt this was an excessive period of review. City Manager Brunton stated a meeting had been held with the Contractors and that two committees had been formed. One was an inspection review committee and the other to discuss fees and charges, including the Parkland fee. Mayor Carson stated, unless he heard otherwise, the Administration would pursue the matter in the manner suggested and report back. No objections were stated by Council members. Council Policy on Frontage Roads Reaffirmed City Manager Brunton suggested a brief statement from Director of Planning Don Reynolds, on construction standards for Highway 287, south of the City Limits. Mr. Reynolds stated the State Highway Department was planning widening of Highway 287 south of the Horsetooth Road, that this had been first discussed last fall, at which time the Highway Department had requested a recommendation on opinion from the County Planning Staff as regards to medians in this area. The recommendation :: that was made was for a raised median with three openings to (1) have consistant standards, and (2) provide higher design standards for the Highway and increase frontage roads. At that time the County Subdivision regulations had no requirement for frontage roads, and dedication for frontage road was on a voluntary basis on the part of property owners. Therefore, the request was that pastipractice be continued and the frontage road policy of the Council be reaffirmed, in spite of the requests for a painted median to allow left turn lanes. City Manager Brunton stated the frontage road requirement had been endorsed by the Planning and Zoning Board in 196S in connection with Bartel's First Annexation and again requested Council's reaffirmation of the frontage road policy to provide (1) better cooperation between the City and the County, (2) resist strip zoning of Highway 287, and (3) support the County's position. Mayor Carson stated he felt the Council's policy in regards to frontage roads r'as firmly established, that he recalled viewing the site in question and felt it absolutely essential that this be understood. Mr. Frank McConnell, 2517 Stanford, spoke to the question of safety and the practice of U-turns. City Manager Brunton stated this was a valid point and added the possible signing of U-turn signs/to the attention of the State Highway Department. should be brought Councilman Fead made a motion, seconded by Councilman Preble, to reaffirm the Council's policy and to support the County's policy on construction standards on frontage roads. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None. Ordinance adopted on First Reading Setting Rates for Trash Haulers Attorney Maurice Nelson, representing the Trach Haulers, stated since the last meeting on rates, there had been some differences of opinion among the trash haulers, and provided some additional language as follows: A. Alley pick up. (1) No more than one (1) container per week,$2.50 (2) Up to four containers per week, $3.00 (3) A charge of 20 cents for each additional container. B. Front yard pick up (lawn clippings at the curb in plastic bags). (1) No more than one (1) container per week, $3.00 (2) Up to four (4) containers per week, $3.50 (3) A charge of 20 cents for each additional container. It was contemplated that arrangements would be made for Senior Citizens on an indivi- dual basis. Discussion was also held on a system for the City to handle customer complaints. Further discussion centered around a limit in the number of cans and curb pickup for grass clippings. Mayor Carson stated if the above was allowed, $3.50 was unrealis- tic and recommended a $3.00 overall rate. Discussion also included the responsibility of the trash haulers to enforce the kinds of containers used. City Manager Brunton stated the haulers wanted to keep the higher rates and add two more things and that this was no longer negotiations. II 45 Councilman Preble made a motion, seconded by Councilman Fead, to set the rates from one to three cans at $3.00; additional cans at $.25 cents each; that grass clipping and leaves be put on t'e curb on the day of pickup; that Senior Citizens who qualify for the City's property tax rebate program, can negotiate with haulers for a special rate for trash and that the City institute a system to handle customer complaints. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None. Consideration of Revised Council Agenda and Procedures City Manager Brunton read from a prepared report submitted to the Council prior to the meeting, in which he recommended biweekly meetings with work sessions in between, allow 30 minutes at the beginning of meetings for citizen participation and suggested that controversial matters of general interest be placed at the fore part of the agenda to allow sufficient time for discussion, and getting material to Council more in advance of meetings. Councilman Carson and Preble spoke in favor of the recommendation in regard to work sessions, the need for policy making decision time and the desire to have materials in advance. No formal action was taken, however, the item will be reviewed again at the February 1, 1973 meeting and possible changes in the agenda format instituted immediately. Consideration. of Noise Ordinance Jack A. Willeford, Ph. D., Director of Division of Audiology, and William E. Lentz, Ph.D., Director, Hearing Clinics of Colorado State University, appeared at the invitation of the City Manager, to give the rational behind the proposed ordinance they had jointly submitted for Council consideration. Items of discussion included Motor Bikes, snow mobiles, studded snow tires, original equipment, legislation at local state and national levels and the question of funding for and enforcement of this kind of ordinance. While Council took no formal action on this ordinance, it will continue to be of concern and will be reviewed again as budgets are prepared. Ordinance Authorized Adopting Housing Code City Manager Brunton started discussion on the Housing Code, by stating he would like to see this item tabled until guidelines have been established under the conditions to be met by the Code. Mr. Brunton added that for the majority of homes, a selling program and education, rather than enforcement, would be the practice. He also requested Council take consideration of the effect the housing code would have on Andersonville and Alta Vista, and that it was the intent to work with the public rather than against them. Since no guidlines have been worked our, Mr. Brunton said enforcement would largely be based on a complaint system and enforcement would be directed to buildings which pose serious health, structural and fire hazards. Mr. Brunton also stated public meetings on the code would be held within the next few weeks. Councilman Preble made a motion, seconded by Councilman Peterson, to instruct the City Attorney to draft an ordinance adopting the Housing Code by reference, and setting provisions for enforcement at such time as local rules and regulations were adopted. Yeas: Councilmen Carson, Preble, and Peterson._ Nays: None. Councilman Fead abstained. Councilman Fead stated he felt Counc:i.l was moving to swiftly on the Housing Code and that the City Manager had stated that probably 100 per cent of the homes in Fort Collins would violate some part of the Code and that definite guidelines on a modified enforcement policy should be delineated bi foi`d CrhdLil flroq bsds. 46 Ordinance Adopted on First Reading Changing Compensation Board of Elections City Manager Brunton explained the purpose of the Ordinance wa's to make the com- pensation for the Board of Election compatible with Larimer County. Councilman Peterson made a motion, seconded by Councilman Preble to adopt Ordinance No. 16, 1973, changing the compensation for the Board of Elections from $2.00 per hour to $2.65 per hour. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None. Acknowledgementof receipt of Report on Actuarial Valuation of Policemen's and Fire Pension Funds City Manager Brunton stated these. were received on dates other than those shown on the reports the Fire Pension Report on June 1, 1972, and the Police Pension fund on July 1, 1972, and that he would like acknowledgement.of receipt of the reports. He also stated prior to the next budget, Mr. Cain and he would like to discuss the three pension funds. Mayor Carson stated for the record, these were officially received. Report of the City Manager City Manager Brunton stated there would be a public meeting with the State Highway Department on Monday, January 29, 1973. Mr. Brunton also stated an informal. public meeting on street lighting will be held soon. The City has received a petition to remove a street light, also we should decide the City's goals on lighting as some citizens have requested more lighting. Adjournment Councilman Preble made a motion, seconded by Councilman Fead, that the Council adjourn. Yeas: Councilmen Carson, Preble, Peterson and Fead. Nays: None. ATTEST: City Clerk Ltd M—qyor