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HomeMy WebLinkAboutMINUTES-10/15/1970-Regular33 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held October 15, 1970, at 1:30 o'clock P.M. Present: Councilmen Carson, Noxell, Lopez, Chilton and Kruchten. City Manager ' Coffey, City Attorney March and Director of Public Works Liquin. :lotion was made by Councilman Lopez, seconded by _'Councilman Kruchten, that the reading of the minutes of the last regular meeting held October 8, 1970, be dispensed with: Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton .and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following ordinance was presented on second irading: # ORDINANCE NO. 58, 1970 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO i Motion, was made by Councilman Troxell, seconded by Councilman Chilton, that Ordinance No. 58, 1970, be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion' adopted. The following ordinance was presented on second reading: ORDINANCE NO. 59, 1970 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Troxell, seconded by Councilman Chilton, that Ordinance No. 59, 1970, be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 60, 1970 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Mr. George Post, 2824 {Vest Lake, was present and spoke at length, objecting to, this annexation. He asked if anyone wanted this portion annexed into the City and no one spoke.. Councilman.Troxell stated that several had called him that were in favor of this annexation, Councilman Kruchten stated that citizens are interested as they will benefit as well as the City from this annexation for future development. Mr. Post stated that he had talked to several and no one wanted this annexation, that it is mostly agriculture. He protested further stating that this annexation would be a strain on sewer systems and that in one or two years this area would be full of houses, streets, dogs, etc. The Mayor stated_it created problems to have a part in the City and a part out. Mr. Post said the Council should take care of the present problems such as street maintenance, Police, lights, trash etc. Mayor Carson stated that the State Law is so written allowing cities to annex certain parcels of land when requirements are met. The following report was presented and read at length: . I RE . -ti 07. ? . ti'r:=:,C 0 FICE ON UNS _Yl:aicipal core Orations in tLe State Of COiO_CGo i:Gve two basic att h eir.G.S posal for territorial expansion. Each metrcd is subject to the statutory rquire meats of Colorado Law. V,'ta"- Sri na)xat=O:.3 �'..n P..11C.i thy- orooerty 014ner l.a ntsates y ,the annexation proceedings) must be �j acent tc to city to 'tiie ex eat t`.at at ieasl- One-Sixtl'i O=. 1e )e riml,tei' Oi Z..^.e £ -". ,. —axod is c0 - _�liOwS 1v:. t.. -c'x 5tilg City li.:atS. iRC second u.et aOd of ir.'.a.wa ion allows t'- City, ti--C. ce ..al.: C +a.a.: ista. . a SCT. i01 prJ Ceedi:.a5 eit.^.out the consena. OS affe Cte< are pr t, to initiate asexat property oi:-ers The section Of State ifi:i w: iC.'. 7r Jvi. s for C=ty 17'itlazed Lion - is ...._...,••z e -y =s c.eaze? necessary to provide .e it Is als- -e clear ii +iti'.o t:.Z CirCL:r5zw1CZ5 Ln der: Cities with this power ere -l:'hiCh t115 poser .sy be CXerCisZd. . a TZC:-irZ-e'.t5 Of ti.Z State La:i i phis::reoarG are designed to guard agai'.St agressive a=.exati0: proo�2s and t0 ensure uui; tnOse areas WR1CR are a:anexe"' by City -in itlated aczlon are fi:-.CtiG: ally a ah. O the", City S �Z Cifi Cal ly, if the tali paTi1 _ter Of the - ro: e=,.y t0 bZ ai:raexe"' :1a5 been CO ..giiOU Cp'W.ty island in t .e City). for thTae years or more, all - hat with the City li%1ts (a ' -h ro er n-ocawUral recuire-ants be wet. City itiated �::ex is Taquirea is aa p p . - tions which dO not meet the -''Ova test r.Ust meet t::a follol,ing conditions acco ding to State Law: 1. At least two-t:iTds Of the pariWeter of to area being a hexed must be contiguous ki�a ti.e City Limits for a period of at least three years prior to the initiation Of arnexatiOn pTJCeZC.ingS. 2. No land held in identical o:.rership may be divided into separate parts OT parcels Y.'ithOut ti.Z lirltten Co :sent of the owner unless such tTacts are separated by a dedicate"' street, road or public way. 3. No tract of land held in identical. O:,rership cGap.ising 20 acres or more which, together with buildings and isaprovnts`.as a: assessed value for tax purposes in excess of two :an:cred thousand dollars may be t_en consent of the garter.' anneXed without the - 4. ?roperty for which annexation proceedings have been commenced by a*1other. i municipality may -not be included in an annexation. - Clearly, condition number 1 above and to a lesser extent conditior. nL^:.ber 2, are the primary controlling factors regarding annexations in Fort Col'_irs. Conditions 3 an ouirement of two-thirds peripheral contiguity 4 would seldom apply. The rewith the City effectively limits City -initiated annexations to "islands" and s"peninsulas" of unincorporated land extending into the City. Such areas, by virtue of their location within the city contribute to the cost Of providing city services and to proble,:a haiah can only be solved by virtue of their being legally --ncoroo=aced into the City. For example, people living in as "island" or "peninsula" have fail access and use of City parks, recreation facilities and streets, all -of which ara.^aintaired fro^ city revenues. a city and county creates problems l Storm az er :+h' ch originates in t:thin the the corst"ruction Of strom dra`_rage facilities necessary. If la city ,{^ c:. TMa',e-rue areas � }! of tha drainage basin are outside to City, it is not possib'_e to equitably assess the , ,,, - Law. e.. cost o_'prov d_^.g the e :ac'l_ ies ono^.g t:ose who contrio e to the p_Obla.... , October 15, 1970 i cliff -Cult proi,' in areas around the periphery o-- t o city. fOrCC'.`E^t =s a parti c.:_2rly ,r 1 t'.^.E CGnfL•S ins SItulat io. ti^ich exi sts would be the t4:0-m1IE SEC` O" Oi CS } g.g;naing at Shields and proceed_ng zest Prospect between S :fields and Over' a^_d TTa-- • - - wzr,�; both the north and SOL'th S_des Of DrosneCt are in the CityfJT a (:i>ta''.CC Oi Jan 000 tee: only the south side is in the City, then for 300 feet, then for a distance oa - - 1 , +� 1,950 feet onl the south side is in the City feet both sides are in the City, en for Y the.A for 30 feet both -sides a�e in the City then for.100 feet the north side is in tie City, then for 200 feet both sides are in the City, then for 1,350 feet the north side is in the c ty, then for ',a00 _ee ne_ aeT s_de is _n the City, then for 130 feet the y n the City, then £or 550 feet both sides are in the City, then for 270 north Side is _ is in the Ci-y, ,hen. for 1,700 feet the south half Of the street, but feet the south s de r1. R `y is in the City, then for 1,3b0 feet to over Trail none Of the prfToperty Ont;-. o_. ;} - rF; the sou` side is it the City. Consider the problem of the police oce_r who must make . L, '^a pr SI)eding in this area. i,�^.O has lEgal _. an arTCS` for dTu^� ri.'Vino, x'CCN:.CSS dTiy:.•._„ - jurisdiction, the City police Or tie County Sn.CTi==� l,hp i5 resno^s ib�eo_ ^�^=e�ancE ? If the City should maintain _t, should not of this street, the City or the Coun y• frontage on it d are benefited by that ma ntenance those properties who have be pay- an ing the City taxes which are necessary to DTovide this service? City services in For-, general categories: General Government and Municiple Ent Collins fall into two erprises. General government includes basically CnOse fire^s riaich are supported by the groperty tax levy and the one percent City sales tax, including fire and police protection, pzT'-{s, recreation programs, library, street maintenance, traffic engineering, public `.voTks engi n perso^nee.' Con- . neeTiAg, and the rianagement fun.Ctions of planning, finance, records �. d of -.Is and curb and cutter. In the City is the responsibility StT'4CtiOn Of streets, Side:,*a . the benefited property owner which the exception o£ collector and arterial streets. Since collector and arterial streets do serve the entire city. as well as adjacent front- age, the City pays the cost which is in excess of normal residential re stet coai st acton: This money comes fro^ the general farad, part Of �a.ich is gasoline and highway users tax money which is retuTned'to the city o^., the State based on a population £Or^u1a: Once Performs routine maintenance as a normal function. The the street is built, the City cost of nrovic'ing the services of general government ir. newly annexed areas is or" ari'_Y. related to the .`tuber of households in the area. uS revenues. gEnErated 4ithin the area generally are sufficient to provide,fdeveloped and oT these services. As these areas •r in the service '_evels in ne area property values also V' further increases are reoui_ed increase, thus supporting the increased service level. . r ,. +±,^-_l g0`/P.'_'!11'.`.Prit N?tiCh are operated iris`- r,,r ens o_ nic . �tni.cipal enterprises are those _ c - " bisiness enterpT'sE mfight be operated. Revenues produced by these the same manner as a - ertei-p''iSes g and ..a ntC^.a^CE costs involved are used to offset operatinIn DTOV'-ding 386 t at ua _icu'_ar service �Id.,.o pro:cde for T:Me expansion atd replacement of Certai ea of capital facilities. There are three separate departments in the City government whit are operated in this manner: the water utility, the sewer utility and the light and pm-ar a. Utility. lherC,are two areas Of cost invol`ee _ t..... .e exn-_On 0= wa_„_ SC_._C..� "' O ail_y; d.^.P._X-.�- ed areas. T:ne =_rst of _h ese is the ace U:sition Of. ater rho:=5 t0 ensure '.e'cont; _nued- i dV2L17b21itV Of adeCL'atC water stippl;cCS £Or a arO:Cina City. In the C25C Of new Writer Se'-'4 ti Vices, the City charaes the user a £ee aro:Intina to the eeuiva'_ent of two acre-feet per acre to be served. nis recuire-nCnt can be met either by 2rant:fer of water rights or th®- payment of the cash equivalent whit, mount will be used by the City to aceuire water rights as they become available. :he second .. - involves the physical extension of water cistr bution lines and the expansion of water treatment facilities. Ir. all cases, the bener ted ?rouerty owner pays for the extension of water lines to the extent of benefit. In addition toth.s, the City recuires the payment of a plant investment fee at the time of original ta?, This fee is intended to provide the capital necessary to provide for the extension of mains and water treatment facilities. These fees are considerably less than those char- ged by the water, districts in the area but due to the efficiencies of providing service to a more co=nact area, these fees do cover the cost of providing for .new water service. . The water rates themselves are norm. -ally less than. one-third of those charged by the dis- tricts and can save the average user about $123 per year. lnas^uch as the new user pro- vides for the acoL'isition of water rights, pays for his ind vidua'_ sen ice and helps to support the entire .system via the plant investment fee and the i--aular utility bill, the expansion. of the City system does not penalize the established user. The new customer is provided, at the -same time, With a cost saving through the "economies of scale" of a large and efficient water utility. The sewer collection and treatment utility operates in essentially the same manner. The Light and Power Utility provides service to newly annexed areas as soon as :physically possible, us,_,ally in one of two ways: :fl 1. by.acquiring the existing Public Service districution equipment under exist .. ing agreements with the Public $e1Nice Co.apany, Or, - 2. by construction of new distribution ect:ipseni- in either C2SC, there iS P.O fee t0 t.^.0 nC'.} SL'JS Cr:.�JCr fOT the expen-s On. $_^.CC the :a hero is no tax money "Ol�:ed Light and Po:or Utility is entirely self-support n.. , 2t anytime in t ' r it T::e I:ew Cit Ligat and Power C1:5t0.^..Cr- he expansion O S services. y will no ally realize a savings of over 4C percent on his electric bill. One adedtional fee is collected once a the time of i^.itia' tap of any one of the above three utilities. This fee designated as the Park Lane, Acquisition Fee amounts .. to $40 and is collected on all new dwelling units in, the City, whe.her`t?iey be single Sul*i r�^ily or mobile home. This fee is set aside as an. ear's,,. fund and is used on?V for .^e nu,rC1as of Dares lend October 15, 1970- _ ps 4. Dirs. David Dod}; 1812 Morgan, spoke for this annexation, stating that there could be hepatitus, typhoid and other diseases from floods. That in 1860,1890 and 1965, there ,yas a,igt of water damage, that Spring Creek was polluted, stating we need more sanitation ffstems, and since there are more people, we need to chnnoe our way of living. Don McMillan, 121 North Grant, was present protesting the East Elizabeth forced annexation. He stated that the Laporte District wanted to stay out; .He stated thatox Elder floods, that there are many on septic tanks, no improvements on Elizabeth Street, that if the City takes over, sanitation will be overloades. He stated there needs to be better cooperation between the City and County, also C.S.U. The Director of Public ' Works -stated that the Box Elder District and others have.asked the City to take over as they were in trouble, that Federal grants help prolificate. Councilman Kruchten stated.that when the City annexes a, district does not mean a bulldozer is moved in the next day and improvements started, that it is up to the residents of the district to ask for City :i services. Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that Ordinance No. 60, 1970, be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 01, 1970 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Kruchten, seconded by -Councilman Lopez, that Ordinance No. 61, 1970, be adopted. Roll was called resulting as.follows: Ayes: Councilmen nd Kruchten. Nayes: None. The Mayor declared the Carson, Troxell, Lopez, Chilton a motion adopted. Mr: Harold Dean, 1849 Michael Lane, was present and presented a letter which he r.Aad City Clerk and - Mayor and City Council of Fort Collins, Colorado Gentlernen: Reference is made to your notice of declared intent to forcibly annex the lards and properties situated thereon to the City of Fort Collins, Colorado, as stated and described in the Fort Collins Coloradoan of Tuesday, Septemher 29, 1970,_ as Ordinance 61, 1970. A Xerox copy of this newspaper notice describing this forcea annexation is attached as enclosure for your immediate reference. We, the undersigned, do not desire that our property, which is described as lot 5 in Sonoran View Estates located in the \W 1/4 of the 1W 1/4 of Section 22, Township 7, Range 69, W-of the 6tn PM and shown on the Sonoran View Estates plot recorded witn and in the custody of the County Clerk, County of Larirner in Fort Collins, Colorado, be included in this forced annexation. We wish to be excluded as this action will create an impossible long-term financial burden for us at our age and will most certainly force us out of our home and off of the land. The follot!_ng observations and suggestions are presentedfor your consideration in disapproving the proposed forced annexation set forth in Arnendm:ent No. 6I, 19W. t- 6r . :- >_,;;'- The e_cem z=_on of lots 10 and 12 in Sonoran Vie::- Estates from this forced annexation is a relief for the property owners of these '•cts frc _+ the heavy city -.axes, assessments, utilities services, special distracts costs, ..--_cn a-_-- become a:! acute financial burden to o .ers fort_lly annexe—' as we'll as pcac_ng a lien liability for t'resp (-optic tre _ _ trty `or man;- Jaars to come. We recuest that lot 5 in Sonoran View Estates be also exempt from V this annexation. k The fact tnai thilis co=nchas de -.fed thvof property ov: ner s in t^e areas tic be per=itted to vote on this annexa- n lion and t _us e:ipreSS _e desires in this matter is not conforming to the exercise o- _e de_-aocratic process expected of public ot_ac_als, ev,=n ihoug thE: __:. _.nder v. ich the annexation is being �rmlt Ste^ aC_�" Dj 1e COul"iC' made may p. _. - :- 1. ' There has not bee: One : ersc.- G site of one mu-^.'-c: govern - - merit and i,s advisors, no :_as _ resented n y wish for sue's annexa- tion much less a reason for the need for : s land for development ' or other use. The entire demand for this forced annexation has been borne by the City Council. County control of zcning of all land within three miles of the city limits is subject to reviev: and approval of the city planning and zoning board and City Council_ so that zoning control of develop- ment cannot be a valid factor regarding forced annexation. There is a large acreage of undeveloped land present within the present city limits. Therefore, there is no apparent need for such new undeveloped land.„ Population growth of Fort Collins (approximation). 1960 - 25, 000 total approx. population of Ft. C. 5, OCO students, esi. 500 student• dependents, est. 600 faculty and staff, est. 1, 500 faculty dependents, est. 7, 600 total CSti population., est. 17, 400 town population, est. 25, 000 total 1970 - 43, 000 total appr Ox- pODulatapn Of Ft. C. 16, 500 students, esi. 2, 000 student dependents, est. 1, 200 fatally and staff, est. 3, 600 faculty dependents, est. 23, 300 total CSJ population, est. 19, 700 total town population, est. 43,000 Growth in to�.vn population. from 17, 400 (est.) in 1960 to 19,700 (est. ) in 1970 is an increase of but 2, 300 (est. ) persons in 10 years or 230 (est. ) persons per year. This 'increase in town population is ouite modest and in itself does not justify annexation of additional land areas for expansion when large existing undeveloped land areas are already present within the existing city limits of Fort to have Coy i-ns. The growtn of tine university population. appears reached an increased rate of about 500 to 800 students each year �! for the next 10 years. 1 o®� ry Comments regarding the storm sewer proposed for the area described in Ordinance 61, 1970:h=:-- - A$ , The Spring Creek -drat page area lies in the area betwe:an ", :. a 1Ji t'f_G._<, .�;_-J and sJ.;.::.. i:a tCily r_::�,; beginning south Cf � '. r� Spring Creek dam and an east and west ridge between the ; V first and second Yocks north of West Prospect Street and bounded on the west by the first foothills and on the east by the Poudre River. This drainage area includes many square miles of largely farm and grazing lands. The drainage area of the entire 1, 300 acre original intended forced annexation and all other lands to the junction with Spring Creek via the Taft hill, West Prospect corner to Shields and West Prospect drainage route would account for only about one sqaare mile of farm land drainage. The need for storm servers in any of the proposed areas u?i to be annexed which are 'largely open agricultural;' pasture 4 and scattered residential land with several large canals to `) act as storm water collection structures is not apparent and would be a needless expense to the -present landowner. Storm sewers would be needed for this area should there be plans for the acquisition and use of thisforcibly annexed land for extreme development with medium to high density housing, a shopping center, service stations and other uses which would actually cover much of the area with buildings, roadways, parking lots, and other paved and high run off structures. No one has appeared to propose any changed land use for this area to be forcJly annexed and as all the determined effort to compleze this forced annexation has been presented by the City Council and its advisors, it is possible that one or more members of the council can provide information. on the planned, proposed, or expected use of this land which would require storm sewers to supplement the existing canals. The proposed low density zoning for the area would not need the additional expensive system as run-o_'f from truly low density develop- ment would be quite low. Canals which cross the drainage area of this land, the Mercer and La -rimer County in the center of Section 22 and the Pleasant Valley canal which crosses the westerly portion of the jim Brown farm in Section 21, are very efficient, high volume storm and other surface water collection and removal structures. These structures which are present and functional are more t'harn adequate to evacuate all anticipated. storm water from the approximately one square mile of farm, grazing, and generally open land which lies in the drainage area , hch' , is being proposed for forced annexation to the city under a Ordinance 61, 1970. i A storm sewer should be water tight and not act as a land drainage system. L it drains land it becomes a land drainage system first and should be financed by those land owners benefiting from such drainage of land and not by other property owners. Such a land drainage system could also adversely affect' - present existing adjudicated water use rights. There is one second foot of adjudicated spring and seep water which we and others in Sonoran View Estates have a valid right. We use and need approximately 100 gallons per minute during the spying, summer and fall periods of each year. This water is elsentia1 to both the maintenance and value of our property. 390 5. 1970 Mr. Charles Rhodes, the chz rman of the planning and zon•ng ended board which heard and recom~._ended approval of the original 1, NO 71 annexation on or about July 7, 1970, and upon m.hich approval of the present forced annexation is based, is an individual who >. appears to have interests in develop^g property on the flood plain Of Spring Creek and could be refit materially from the forced annexa- f on of this property tinder Ordinance 61. 1970, as one primary .reason given for the annexation was to then force the annexed property otvr_ers to bear 2 part of the cost of a Storm sewer. for ,_$• the Spring Creek drainage area. The conflicting interests of -Mr. Rhodes as c_Eairman of the planning and zoning board and as 'the head of a large real estate organization, land speculator, builder and beneficiary of improved land values through reclama- tion of the Spring Creek Mood plain should invalidate the recommends- 1 tion of that board to your council. With those observations in mind, it might appear that the City Council is forcing this annexation without giving,due consider¢- Lion and regard to the wel are of the persons being annexed and subjected to city costs and living limitations against their will as well as to the actual needs of the city of Fort Collins for any additional land area at this time with the resulting high costs to the city.tax payer. This small c:t with an intended budget of eleven million -Y dollars for 1971 appears to be developing a property tax and assess- ment load for property owners which will escalate rapidly from the present high and heavy burden to an lmposs:ble situation :or city property owners. it is not a tax environment into which we can become a part and still retain our home. Property survey descriptions given in the proposed forced annexation, Ordinance 61, 1970, includes the statement that the descriptions of the property proposed for arrexation includes land presently within the city limits of o:^t Collins, Colorado. This description of the property to be annexed appears to inc'_ude land which has already been annexed and might therefore be considered to be a legally inaccurate description of the land to be actually annexed. This deserves a detailed -review of this land description. We hope that you will approve our request not to be forcibly annexed into the city of Fort Collins and that you will give con- sideration to discontinuing action for the forced annexation described in Ordinance 61, 1970. Respectfully yours, Harold M. Deane Thelma E. Deane 1849 Michael Lane Fort Collins, Colorado He stated that with assessments, taxes and School bonds, all are a financial burden on us. Mayor Carson stated that it is up to him and his neighbors whether whey wanted improvements or not, that the City mitt levy has been reduced from 15 to 10 mills. Council- man Kruchten advised Mr. Deanne that there is less danger of floods with the storm sewer._, The following ordinance was presented on second reading: d ORDINANCE NO. 62, 1970 BEING AN ORDINANCE AMENDING SECTION 23-9-1 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO 1958, AS AMENDED, RELATING TO DRIVIN G OF VEHICLES. Motion was made by Councilman Troxell, seconded by Councilman Lopez, that Ordinance No. 62, 1970, be adopted Roll was called resulting as follows: Ayes: Councilmen Carson,tTroxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion adopted. 'The following resolution was presented and read at length: RESOLUTION 70-102 OF T:i':: COUNCIL OF THL CITY OF FORT COLLINS ADOPTING A BUDGET OF TEE ESTP•.',TED AMOUNTS REQUIRED TO PAY THE EXPENSES OF CU:wUCTiNG THE BUSINESS Or THE .Ci Y GOVERNMENT FOR TrE FISCAL YEAR ENDING DECiy BER 31, 1971, AND FIXING T::E MILL LEVY FOR SAID YPAR PURSUANT TO THE PROVISIONS OF ARTICLE V OF THE CITY C -kTER. WHEREAS, the City Manager has heretofore prior to the first Monday ' 'in October, 1970, submitted to the Council a proposed budget for the next ensu- g budget year with an explanatory nessage pursuant to the provisions of Section 2, Article V of the City Charter,. and 11fl1EREAS, the Council thereafter within 10 days after the filing of said budget estimates set October 1S, 1970, as the date for a public hearing _thereon and caused notice of such public hearing to be given by publication pursuant to Section 3, Article V of the City Charter; and . WHEREAS, a public'hearing on the proposed budget %.,as held on October 1:5, 1970, pursuant to said public notice, and WHEREAS, Section 4, Article V of the City Charter provides that the Council shall adopt the budget for the ensuing fiscal year and "shall fix the tax levy after said public hearing and before the last day of October of each year. THEREFORE, BE IT RESOLVED "BY THE COUNCIL OF THE CITY OF FORT COLLINS,- that the following budget prepared in detail by the said City Manager in compliance with the provisions of Section 2, .Article V of the City Charter for the fiscal year ending December 31, 1971, be and the same is hereby adopted as a basis for. the annual appropriations ordinance for the fiscal year ending December. 31, 1971, as follows:" �t DISBURSENEEN7S BY APPROPRIATIONS City -Council ---------------------------- ------------ $ 26,570.00' City Manager 45, 760.00 `Personnel ----------------"-'- ------------------------- 10.944.00 Finance ------------------- ---------------- ------ ------ 156,264.00 CityAttorney---- -- 30,5S5.00 Planning and Zoning ------------ --------------- ---- 3:,313.00 Municioal-Court-------- ----- --=------------------------ 32,431.00 Insurance and Retirement --------------------------------- 183,900.00 Information and Research -------------------------------- 20.,000..00 General SerVices--------------- --------- ----------- ----- 36,455.00 392 Police--.------------------------------------------------ Fire- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Health__________________________________________________ `. Engineering ------------- ------------- ------------------ Building 1nspe Ctlon----------------------- ______________ s st_ec;ts and A, eys --------------- ----------------------- BUilGingS a':d GrOt:nas ___________________________________ Tra=_ic and Street gas ------------------------------- Darks___________________________________________________ Recreatlo:______________________________________________ :•:sew:. -------------------------------------------------- c - sw,-;-ing Pool ___________________________________________ Grandview Cemetay -------------------------------------- Roselai:n Cemetery --------------------------------------- L-I ray - •- LOCaI 7-•.�•J•i 2...;...- ••..-.G t_ans�ar t0 .mans:er to i4r:)Jrt :....G -------------------------------- _ Tra,.s_e tc Genaral Cap_tal I -_rove -en.. nc-_-_______-_ Tota1 Ganeral Fund Ea-panse Gan ral Ga�ilul ' rcvc- .c -$ �F iA�f � l 644,1 3.00 477,770.00 6S,166.00 , 219;760.00 45,230.00 161,163.^0 113,9�1.00 i0l,9SS.00 `` 5,650.00 22,178.00 63,965.00 4,i7a.G0 13-,712.00 5,006.00 10,000.00 271,557_00 $3,052,111.03 27:,S-7.00 ' Less Doco_e ---------------------- ---- 27J ,»7. C9 -Total General Ca2ita, 1.—, rov:-e nt G Ex ^se- Special Assessments Fund --------------------=----------- $ 27,100.00 Trust Fund ------------------------------------------- ----.$ i31,61L CG . .Less DJ::ala Bud. -at -------- =------ 7� ------------ j Total Trust Fund ------- ,---------------- ------- $ 100,061.00 1 I Golf Course Fund --------------------- ------------------ $ 126,026.v ; lS7,S35.00 1S7,S35.00 . -0 r �.z Warehouse Fund ------------------- ------------- -, Less'Double Budget -----------------`---------- 76;6S9.00 :.. Total Warehouie Fund Expense ------------------ $ -0 r 1 • $ 785,J11.00.: ------------ ---------------------- {later Fun? ------------ Fund------------------------r / SSi,SG.00. Suter Capital I JrOVC-ent -- 2�S,675.60 {;'ater Bond Payert--------------- �------------- Fund _ $1,585,736.00` Less Inter curd Tra sz -s-------------:- ----- 43,OOO.GO`` *- Lass Double ______________________ Budget ------ 24S 675.00, � �. TctaJ,Yiater Fund Ea_ense---------- ------- ----- $1,295,061.0') . t11 .7 r0a..�at :.nd __________________________Sower C':.. JJO, C9.0� _ . - Sewer BoC: Payen.. Fund _________________________________ $ 934,/59.Go Less Double Budget ----------------------------- 170,700.00 Total Sowcr•Fund Expense ----------------------- $ 514,099.00 LiPowernt and Power Fund ------------------------------------ $5,537,67:.00 Light and pure- Cap--a3 Improveaent Fund ---------------- 1,524,15S.00 Light and Porcr, Depreciation Fund ----------------------7 -0- r: Less Inter :und Transfers ---------------------- 95i,C00:00 Total Lig:.t and Power Fund Expense ------------- $4,410,832.0, GRAND TOTAL LX.E\DII RE -------- $12,203,390.00 " Less Inter Fund Trans:ars and Double Budget -- 1,935;306.00 - GRAD TOTAL NET EXP?\Di.URES ----------------- $10,215,090.00 BE IT FURTHER RESOLVED that the mill levy rate for taxation upon all the taxable property within the corporate limits of the City of Fort<,Collins for'the fiscal year ending December 31, 1971, shall be 10.00 mills which levy represents the amount of taxes for City purposes necessary to provide for payment during the ensuing budget year of all properly authorized demands against the City. Said mill levy of 10.00 Mills, shall be certified to the County assessor and the Board of County Commissioners of Larimer County, t _ a, Colorado, by the Director of Finance as provided by law. Passed and adopted at a regular meeting of the Council of the City of ,Fort Collins held this 15th day of October, A. D., 1970. 394 10 /s/ Karl E. Carson Mayor ATTEST: /s/ John Bartel _ ]9 City Clerk Mayor Carson stated that the budget was concluded Wednesday after many hours of work, that pay levels have been adjusted to a competitive basis and includes a retirement program that we have been working on for sevcral years. Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following ordinance was presented and read at length on first reading: ORDINANCE NO. 65, 1970 BEING "THE ANNUAL APPROPRIATION ORDINANCE" RELATING TO THE ANNUAL APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1971, AND ENDING DECEMBER 31, 1971, AND FIXING THE MILL LEVY FOR SAID FISCAL YEAR. Motion was made by Councilman Lopez, seconded by Councilman Troxell, that Ordinance No. 65, 1970, be considered favorably on first reading and ordered published this 15th day of.October, A. D. 1970, and to be presented for final passage on the 29th day of October, A.D. 1970. Roll was called resulting asfollows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion adopted. Councilman Kruchten stated that during these.many nights of working on the budget - a few people have come down but he would like to see more, that next years budget is costing the 40,000 citizens approximately $250.00 each. The following ordinance was presented on first reading and read at length: j - ORDINANCE NO. 66, 1970 i BEING AN ORDINANCE VACATING A PORTION OF PONDEROSA DRIVE BETWEEN ORCHARD PLACE AND MULBERRY STREET IN THE CITY OF -FORT COLLINS. Motion was made by Councilman Lopez, seconded by 'Councilman Chilton, that Ordinance No. 66, 1970, be considered favorably on first reading, and ordered published this 15th day of October, A. D. 1970, and to be presented for final passage on the Sth day of November, A. D. 1970. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following ordinance was presented on first reading and read at length: ORDINANCE NO. 67, 1970 BEING AN ORDINANCE RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER IMPROVEMENT DISTRICT NO. 54, PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN, AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COSTS OF CONSTRUCTION THEREOF Motion was made by Councilman Kruchten,.seconded by Councilman Troxell, that Ordinance. No. 67, 1970, be considered favorably on first reading and ordered published this 15th day, of October, 1970; and to be presented for final passage on the Sth day of November, 1970.• Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton `i and Kruchten. Nayes: None.. The Mayor declared the motion adopted. The following.communications were presented and read at length: 1 Fort Collins, Colorado 7 October 9, 1970 Mayor and City Council City of Fort Collins, Colorado Gentlemen: I am the owner of the following described property: Commencing at the NE corner of the SE1/4 of.Section 9, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, thence N. 89*38' W. along the 14. line of SE 1/4 of said Section, 450 feet, then ce South 00*101/21 W. 350 feet, thence =„ E. 350 feet to the point of beginning; except parcels conveyed in Book 922 at Page r 568;and,at Book 1058, Page 91 of the Larimer County records: This property is included in Sanitary Sewer Improvement District No. 54. I demand that my property be excluded from this district for the reason that the %assessment to be placed against my property is in excess of the total valuation of said -property. Respectfully submitted, /s/ Bernice N.'Kennedy October 15, 1970 . City of Ft. Collins Gentlemen: ` As a property owner located at 25 South Taft Hill Rd, Ft. Collins, Colo., I should :like to go on record at being opposed to the sewer line being considered across above property. Sincerely Milan F. Williams 25 South Taft Hill Rd. Mrs. Kennedy of 351/2 South Taft Hill Rd., was present objecting to the assessment on her property, stating that the Mercer Ditch runs through her three parcels, and assessed $2,850.00, that she has a small lot she could sell and if sold would only get agout $1,000.00 for it. She was advised that she would only pay a portion when platted and sold. Milan Wiliiamswas givenatime extension on his assessments. Jesse Ault, 49 South Taft Hill and others appeared wanting clarification of their assessments. They were advised that if the assessments are more than 50% of the assessed valuation, the j City pays the difference. I The following resolution was presented and read at length: RESOLUTION 70-103 _ OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING PUBLIC NOTICE CONCERNING A PROPOSED ORDINANCE CHANGING THE ZONING MAP OF THE CITY OF FORT COLLINS AND AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNONW AS THE ZONING ORDINANCE WHEREAS, heretofore the City Council amended the Zoning Ordinance.of the City of Fort Collins by creating a new zone known as the H-B, Highway Business Zone, and WHEREAS, the Planning and Zoning Board has made a study and held a hearing and has made recommendations to the City Council as to the lands within the City which should be placed in said H-B zone; and WHEREAS, the City Council desires to hold a hearing on said recommendation as required by Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL.OF THE CITY OF FORT COLLINS that November 5, 1970, at 1:30 P.M. or as soon HE as the matter may come for hearing, in . the Council Chambers in the City Hall of the City of Fort Collins is hereby set as<theE ' time and place for a public hearing on said rezoning recommendation; and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a'notice Iof said hearing as provided in Section 19-46 of the Code of Ordinances of the City'of Fort Collins, 1958, as amended, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this 15th day of October, A. D. 1970. /s/ Karl E. Carson Mayor ATTEST: /s/ John Bartel City Clerk r. 396 F .4 Motion was made by :Councilman Lopez, seconded by Councilman Chilton, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson.,, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion n adopted. The following resolution was Presented and read 'at -length: RESOLUTION 70-104 OF THE COUNCIL OF THE CITY OF FGP.T COLLINS_GIVING NOTICE CONCERNNING A PROPOSED ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF OF.DINA NCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, C014IONLY KNOWNi AS THE ZONING ORDINANCE, IN ORDER TO CLASSIFY FOR ZONING PURPOSE CERTAIN PROPERTY BEING ANNEXED TO THE CITY OF FORT COLLINS WHEREAS, heretofore the City Council of the City of Fort Collins initiated annexation procedures for certain property known as the South College First Annexation to the City of Fort Collins, more particularly described in the "Notice of Public Hearing" attached hereto and i WHEREAS, the Planning and Zoning Board has made a study of said annexation and has held a hearing and made a report and recommendation concerning the zoning for said property, all in accordance with Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended; and WHEREAS, the Planning and Zoning Board has recommended that said property be zoned in the H-B, Highway Business District under the Zoning Ordinances of the City of Fort Collins; and WHEREAS, the City Council desires to hold a hearing in order to determine how said property shall be zoned, all as required by said Section 19-46. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that November 5, 1970, at 1:30 P.M. or as soon thereafter as the matter may come on for hearing, in the Council Chambers in the City Hall of the City of Fort Collins is hereby set as the time and place for a public hearing in order to consider the zoning for said property; and BE IT FURTHER RESOLVED tha*. the City Clerk is hereb y instructed to publish a notice of said hearing as provided in Section 19-46 of the Code of Ordinances of the City of Fort i Collins, Colorado, 1958, as amended, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this 15th day of October, A. D. 1970. /s/ Karl E. Carson Mayor ATTEST: /s/ John Bartel City Clerk Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that this resolution be adopted. Roll.was called resulting as follows: Ayes: Couucilmen.Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. ' The Mayor declared the motion adopted. The following resolution was presented and read at length: RESOLUTION 70-105 OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING NOTICE CONCERNING A PROPOSED 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, IN ORDER TO CLASSIFY FOR ZONING PURPOSE:` CERTAIN PROPERTY BEING ANNEXED TO THE CITY OF FORT COLLINS WHEREAS, heretofore the City Council of the City of Fort Collins initiated annexation procedures for certain property known as the Overland Trail Annexation to the City of Fort Collins, more particularly described in the,"Notice of Public Hearing" attached hereto; and WHEREAS, the Planning and Zoning Board has made a study of said annexation and has held a hearing and made a report and recommendation concerning the zoning for said property all in accordance with Section 19-46 of the Code of Ordinances of the City of Fort Collins, 1988, as amended; and WHEREAS, the Planning and Zoning Board has recommended that said property be zoned .'in the R-L, Low Density Residentail District under the Zoning ordinances of the City of 3 October 15,=1970 Fort Collins; and WHEREAS, the City Council desires to hold a hearing in order to determine how said property shall be zoned, all as required 'by `aid Section 19-46. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that November 5, 1970, at 1:30 P.M., or as soon thereafter a's the matter may come on for hearing,. .in the Council Chambers in the City hall of the City of Fort Collins is hereby set as the time and place for a public hearing in order to consider the zoning for said property; and BE IT FURTHER RESOLVED that tle City Clerk is hereby instructed to publish a no - tice of said hearing as provided in Section 19-46 of the Code ' of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this 15th day of October, A. D. 1970. /s/ Karl E. Carson Mayor ATTEST: Isl John Bartel City Clerk Motion was made by Councilman Chilton, seconded by Councilman Kruchten, that this resolution be adopted. Roll was called resulting as.follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. NayeA: None. The Mayor declared the motion adopted. The following resolution was presented and read at length: RESOLUTION 70-106 OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING NOTICE CONCERNING A PROPOSED 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, IN ORDER TO CLASSIFY FOR ZONING PURPOSES WHEREAS, heretofore the City Council of the City of Fort Collins initiated annexation procedures for certain property known as the Southwest Annexation to the City of Fort Collins, more particularly described in the "Notice of Public Hearing" attached hereto; and WHEREAS, the Planning and Zoning Board has made a study of said annexation and has held a hearing and made a report and recommendations concerning the zoning for said property all in accordance with Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended; and WHEREAS, the Planning and Zoning Board has recommended teat said property be zoned in the R-L, Low Density Residential District under the Zoning Ordinances of the City of Fort Collins; and WHEREAS, the City Council desires to hold a hearing in order to determine how said property shall be zoned, all as required by said Section 19-46. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that- N6vem- ber 5, 1970, at 1:30 P.M or as soon thereafter as the matter may come on for hearIng, in the Council Chambers in the City Hall of the City of Fort Collins is hereby set as time and place for a public hearing in order to consider the zoning for said -property; and BE IT -FURTHER RESOLVED that the City Clerk is hereby instructed to_;pub lish a notice, of said hearing as provided in Section 19-46 of the Code of Ordinances ofth6 City of Fort" Collins, Colorado, 1958, as amended; in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this 15th day of October, A. D. 1970. /s/ Karl E. Carson Mayor ATTEST: /s/ John Bartel 7City Clerk 398 October 15, 1970 �. Motion was made by Councilman Troxell, seconded by Councilman Chilton, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell., Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following report was presented -nd read at length: October 14, 1970 TO: Tom Coffey, City Manager _ THRU: Charles Liquin, Director of Public Works FROM: Joe A. Rice, City Traffic Engineer RE: Comparison Study of Businesses on Olive Street and Magnolia Street. As per the request by Councilman William Lopez on October 8, 1970, a comparison study of Olive Street and Magnolia Street was made in regards to the number of businesses fronting these two streets. On Olive Street in the 400 Block west throughthe 300 block east, there are nineteen various businesses. These businesses range in size from small shops to a large dealer. On Magnolia Street in the 500 block west through the 200 block east, there are seventeen businesses and one Junior High School. On both streets there is diagonal parking in the four blocks between Howes Street and Mathews Street. However, the curb line is straight on both sides of Olive Street and is no on Magnolia Street. In explanation the south side of the 100 block of Nest Magnolia Street is offset diagonal parking which will be a definite hazard if bike lanes were painted. Also the north side of the east 100 block beside King's Foodhost is also offset diagonal parking, where another hazardous area would evolve. Councilman Alvin J. Kruchten has suggested that the portion of Olive Street between j Howes Street and Mathews Street be left unpainted. This would make two separate segments of the bike lanes with the Western segment terminatin gat Howes Street and the eastern segment terminating at Mathews Street. I concur with Councilman Kruchten and strongly recommend that on the bike lanes be painted in this manner. This will in turn eliminate that portion of congested area where the businesses are of the greatest number. /s/ Joe A. Rice City'Traffic Engineer Bi?1 Sears appeared and stated that he'had formed a group to help Mr. Rice, that they met Wednesday but had not come up with anything. The businesses were opposed t0.'the lanes _. because of the decrease in the parking. He stated he had made a survey for two streets; Peterson and Edwards, but noted that only 15 to 200 of the parking spaces were used. That the check was made about 10:00 A.M. In the 100 and 200 block of Peterson , there were 18 cars, in the 700 block of Edwards 7 cars, in the 800 block, 5 cars, in the 400, S00 and 600 blocks of Edwards Street, 7 cars, -in the•300 block 7 cars, in the 200 block 13 cars and in the 100 block, 28 cars. He stated this.was not too much of a problem. That it will eliminate diagonal parking, that there were some objections to painting on the streets. He said many of the cities around the country are going to bike lanes or routes. , it was just a matter of getting people educated to this and the proper signs signifying -these lanes, and volunteer help from the people who were interested. Motion was made by Councilman Lopez, seconded by Councilman Chilton, that the report of the Traffic Engineer be accepted and the . Traffic Engineer proceed with the lanes. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton.and Kruchten: Nayes: None. The Mayor declared the motion adopted. Councilman Chilton said it was his opinion that just by pan ting the lanes is not good enough, that the regulations need more enforcement, and suggested an inspection and licensing every year, that we need enforcement of the ordinance or a new one. Councilman Kruchten suggested that the Police give tAckets for violations, parti cularly'adultts. , that this be on a trial basis and perhaps put in curbing in some areas. Mrs. Reil was present and stated that we need a program on licensing and safety, that in Phoeniz the police have a testing program, that there has been a tremendous E Y run on .,buying bicycles all over the Country and suggested instead of putting both lanes Fg P on one street, that they beNlternate lanes. Mr.'N. S. Bushnell was present.from Laporte, stated he has been a Police Judge and #: has been'nvolved in several respects to this. He stated that if this does:not work. will have to come up with a better plan, that it hinges largely around curtesy and discipline, both for the auto and the bicycle. He said he is connected with a radio station and could get help. He said the American auto driver is far better disciplined that the European and that he would like to see constructive planni-ng to make it work. Councilman Troxell asked who assumes this responsibility, stating the City will cooperate but should have more people involved and more people should be concerned with this idea, that the City or Council cannot make it work, but the community and volunteers J can. i The Traffic Engineer stated he had made a mistake in designing the bicycle lanes by painting double yellow lanes, that it is illegal to make a left turn on a double yellow' line and stated the coloring is being changed to white. Don McMillan appeared and asked when this would be concluded, that should be com- pleted before College starts next spring, that all the project needs is good leadership. The application for renewal of a Fermented Malt Beverage License by Speedy Foods, Inc., 42,1. Cowan Street, was presented. The following report was presented by the Police Department. October 14, 1970 TO: Tom Coffey, City Manager FROM: Ralph M. Smith, Chief of Police SUBJECT: Speedy Foods, Inc., dba Speedy Foods East Fermented Malt Beverage License Renewal 1 Sir: I have checked with the Juvenile Division, and they advise that they have received no com- plaints regarding the above captioned establish.^cent selling beer to minors. The management and employees of Speedy Foods East are cooperative,and seem to have a sin- cere desire to operate a legitimate business. I know of no reason why this license should not be renewed. Respectfully submitted, /s/ Ralph M. Smith Chief of Police Motion was made by Councilman Kruchten, seconded by Councilman Chilton, that this license be approved. Roll wasa called resulting as follows: Ayes: Councilmen Carson, Troxell; Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion adopted. The application of Terry L. Bock dba T J's Tavern, 182 Linden, for renewal of a Fermented Malt Beverage L'_cense,.was presented. The following report was presented and read at length: October 15, 1970 TO: Tom Coffey, City Manager FROM: Ralph M. Smith, Chief of Police ' Sugject: Terry L. Bock dba T.J.'s Tavern Application for Renewal Fermented Malt Beverage License Sir:. As far as I can determine, we have had one incident of underage drinking, at this extablish ment. This incident was pointed out to us by one of our Explorer Scouts, who was at the time 18 years of age. He made a bar check with one of the officers, and spotted a juvenile, drinking beer. This matter was investigated, and it was determined that the underage,'- drinker had previously used a false ID. This matter was handled through the investigation„Ond no charges were filed, since it was a false ID. I had Mr. Bcck in my office on August 10, 1970, regarding harrassment of Police Officers by patrons of T.J.'s. , Much of this was due to overcrowding, and in my opinion, a lack ,of control on the part of the management. At this time Mr. Bock was warned to hold his crowds down, and to keep better control. Since our talk on August 10, 1970, the conditions at T.J.'s have improved, and I believe at this time that the management has control. When T.J.'s license cane im fir renewal the last tine, it Far stipulated by this office,: and I believe by the City Council, that he would install a direct alarm system to the -Police Department. Up to this point this has not been done; however, I have --closed a copy of an agreement between T.J.'s and the Boulder Fire Control, which indicates that this installa.- tion will be in on or before November, 1970. In v iew of the fact that Mr. Bock apparently is attempting to run a better place of business, and the fact that he will soon have an alram system, I have approved his application for renewal. Respectfully subuitted, /s/ Ralph M. Smith Chien of Police Motion was made by Councilman Troxell, seconded by Councilman Lopez, that this application be tabled until November 1, 1970. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Hayes: None. The Mayor declared the motion adopted. I Mayor Carson was excused from the meeting for the next item of business. The acting Mayor Kruchten declared the Council recessed to act as a Liquor Licensing i Authority. The following Findings and Resolution was presented and read at length: - FI.fiUINGS A\M RESOLUTION OF THE COUNCIL OF THE CITY OF FO.Ri COLLINS, COLOR DO) ACTING AS THE LOCAL LIQUOR LICENSING AUTHORITY CONCERNMG AN APPLICATION FOR A HOTEL AXD RESTAURP,NT LIQUOR LICENSE i The application of Hall of Fame Restaurant, Inc. for a Hotel and Res- taurant Liquor License came on for hearing on the 8th day of October, 1970, in the Council Chambers, City Hall, Fort Collins, Colorado, pursuant to notice duly given as required by lava. The Authority, having heard the evidence introduced at the hearing, and having examined the documents introduced and having heretofore held a prelimi- nary 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. In connection herewith protest was made at the hearing that the proposed location is within 500 feet of St. Joseph's Parochial School; however, the licensing authority re -than 500 feet distant from the proposed hereby finds that said school is mo location, using a route of direct pedestrian access as defined in Regulation No. 16 .B 5 of the State Licensing Authority. The local licensing authority further finds that the Convent located on the grounds of St. Joseph's Catho- lic Church on which is also located said parochial school is not a part of said school. ' 3. The applicants are of good character and qualified under the Ordit,- the reasonable requirements of the neighborhood require the issuance of the:. - license applied for. The Authority recognizes that other licenses exist in` the'nei:ghborhood, but hereby finds :that an aaditional need -exists for the i license applied for. 6. The building in which the license is to be operated is now construe ted; however, 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 remodeling is com- pleted 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. 7. The within application is only for the portion of the premises indi- cated on the plans and specifications submitted to the City Council and any license issued shall cover pnly such portion of said bolding. RESOLUTION 70-107 OF THE COUNCIL of THE CITY OF FORT COLLINS ACTING AS THE -LOCAL LIQUOR LICENSING ADTEURITY CONCERNLNG AN APPLICATION FOR A HOTEL AND RESTAURANT LIQUOR LICENSE. BE IT RESOLVED by the Council of the City of Fort.Collins, acting as the local liquor'licensing authority.that the application of Hall of Fame Restaurant,.Inc. for a Hotel and Restaurant Liquor License be and the same hereby is granted in accordance with the findings of the AuthorxU set forth above; and i BE IT FURTHER RESOLVED that said license shall not issue until the re- modeling and improvement of the licensed premises is completed in accordance withtheplans and specifications submitted to the Authority and the requ6ire- ments of the City Building Inspector, and the Authority has received a report from said wilding Inspector that said improvements have been completed in accordance with said plans and specifications and the requirementsof the Building Inspector. 402 ` Passed and adopted this 15 day b£ October, 1970+. u /s/ Alvin Kruchten Chairman ( ATTEST: j ;_. /s/ John Bartel City Clerk d b; CUUftLilu,an Chilton that this 7m Motion was dde by C�W1CiaLtal: L,)Y -z tea\Jiauc resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Ca Troxell, Lopezaz%Chilton. Nayes: Hone. The Acting Mayor declared the motion adopted. i The following report was presented by Reverend Ostertag on the Human Relations Committee: Octo':.er .13, _ 1970 .. ' The Honorable :dayor Xarl 'E.. Carson , and the City Council Municipal Building 300 La Porte Avenue Fort Collins, Colorado 80521< : � Gentlemen; Ns a result of a complaint made to t:;e St:..,an Relations Co t:ni.ssion on Tuesday, October 6, 1970, consisting of chin ges that tiles Fort Collins Coloradoan does not adequately cover activities of the aexican-tiaeric an co:..• .n; \,y, rite hu:\an Relations Co,:anission met with Ir. Clyde No_fitt on Wednesday, October 7, 'at the Fort Collins Coloradoan. From, these meetings the FIu.:.an. Relations Coaraission derives ;l:e followi: g findings and conclusions,.. Moffitt's refusal to pri .t a story concerning a bilingual school in Johnstown, Colorado, is a decision of judg.:\ant wholly wit: in his province to :;aide. Even though the - " Fort Collins Coloradoan is to only daily newspaper, it is still : r r>. uiS p_erogative to :tint t` 4t �� hid . in is estimation is ,.e : s- worthy. It is ;,ored that ,'•:r. mo_`fitt will never allow any i.ressure" by individuals or groups, regardless of w,,om t.may :ray be, to dictate that which shall be or stall not be p:inteC... At the same irae, it is clear to ,;he 5uman elations Co::c..ission that a sec aenc of t::e Fort Collins corx unity of unknown size and crossing racial boundaries is of the opinion that the %Mxican-Frerican comrau ity . does hot receive fair or zdequate publicit,'. In ties Of tPn,P n o: it is i:sportant.that these citizens feel Chair side of the ease is reported fairly and adequately. i•:e consider the. fact that a sig..ificant number of people do not feel -.is� to'be a serious: , problem in hir;an relations. The fact. that the Col:oradoan is legally right in printing that which it considers newsworthy does not relieve it of a moral - obligation to the eonraunity. Since " t +ere is only one daily newsp aper in the' cowaunity, a balanced covering of news is a responsibility of the Colora( oan. i3. Tile terms "spit" and owet)acic" were used during a eonversatio:. between Mx.. Mloffitt, Ls. Shirley.Xnox, Mrs..`Plary Lyons.,clrs.:Jeanne i:ashand ars. Gail Doxtader. Regardless 'of the context -in which these words are used, they are terms of ridiculewhen supplied to americans of Mexican heritage. We do fir....,. not feel that a person ol.' Mr. t o_ff itt7 s standing in the co: �..�,.y should have glade any use of "these words which would allow ally rtlsinternretatlon of his use of the wOrds. - 3. In.an editorial on October 7, 1970, the Colo adoan characterized the complaint made to this Coa:ission as an.'attac:c° Oli e •U)pUr�Oa }reUi pVleYi�+rC+ai tn. 4 disturbance" which "..any believe to be Communist -inspired' 9;a regard this to be an open invitation to arose in the co^ w y who would be so inclined to• conclude that local :•_exi C&n 2t. �_-cais activists are.. either COl "n.nis � lnsplreC Or CO.:�'ut.ni$ t.-.. GC..activists _ PIe regard this to be unwaY.:antea, .and in ti as of tc-s`on the sa.::;. words would be highly inflG1lalatorly• It also Gp: e4rsC o ae Git �.elt1�}t to dw.YCred4— he complaint -made 1.e WZe \+O•�\:11i.SJ 1O �Y i�.iY4�i... -, a r any regard for getting at the trues-- go 403 b L 4. On 'several occasions during the ^'eating V1in, Mr.' Moffitt 1t was recommended that a series of r,+eet.i.ngs be held., between TGpresentativei of_ .,she newspaper, this C-0m...lso-on a-hd the complaining segment of the con-aunity. .It is our bel.an_ rueetirgs of this Sort at. whirl the 7arti.cipan. ts could air tnei~ differences could be beneficial.r:r. •:offitt failed "'co respond to this suggestion affix-atively or ;.egatively. phis Co.:tission will spec^ Pica t �' llv reruc rat the Coloradoan partic4nate it such meetings. The Com^.ission is also considering open learinrs x;= on the subject of the complaint for the purpose of receiving citizen con -plaints and com^uriCating then to the.Coloradoan, the City Council, and the public. Respectfully submitted, i Fort Collins 1Twman Relztions _ Conaission.' Rev. Ostertag appoligized for the leakage and said the Commission did not want the report given to the public before it was presented to the Council. He stated that copies of the report had been sent to the four women who had the grievance, Clyde Moffitt, the publisher of the Coloradoan Newspaper, to.Speidel Newspapers, Inc., and to the Colorado a Civil Rights Commission. Mr. Penfield Tate, Chairman of the Human Relations Commission, was presence and read the following communication: Tom Coffey, City Manager Municipal Building { 300 LaPorte Avenue ; Fort Collins, Colorado Dear Mr. Coffey: s It is the considered opinion of the Fort Collins Human Relations Commission that there is a need for a full-time executive administrator of the commission. This letter serves to. petition the council to take immediate steps to fill the position. Thereasons for the request are: 1. The commission must be responsive to all members of the community at all times. A voluntary chairman is not so available. We feel that members should continue to be voluntary and appointive. 2. The importance of the commission will continue to grow, thus necessitating more than part-time attention. The publicity recently afforded the commision.confirms in our minds, the growing effectiveness and significance of the commission. 3. The bylaws and rules of the commission call for far more extensive action than what a strictly voluntary, part-time commission can offer. The commission suggests payment for the director from the city budget and that a salary range of $8,000 to $10,000 should draw a qualified person. We would be happy to aid the, council in its selection of such a person. A job description of a human relations commission director is enclosed. Very truly yours, /s/ Parker E. Preble, M.D. Chairman, Human Relations Commission He stated that the importance of this committee will continue to grow. Mr. Dean Olson, Attorney, also a member of the Human Relations Committee, was presentt and asked if a decision had been made on recommendations to fill the three vacancies on the Board. He stated that he felt it important to pick particular people in the communityt He said the Commission sent a recommendation in writing with names of three persons. Mayor Carson stated that all recommendations would be considered before a decision is made, that it is the responsibility of the Council.to appoint the members and hope it will be soon. 404 October 15, 1970 MAL The City Manager stated -that the bids on Western Red Cedar Poles, presented and read September 24, 1970, had been considered and the bid of Joslyn Manufactures, the low bidder, had been cleared up in the amount of $4,210.00. Motion was made by Councilman Troxell, seconded by Councilman Lopez, that the recommendation of the Purchasing Agent ; be accepted and the low bid be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following report was presented and read at length: TO: City Manager, To.in Coffey FRO.1: Chief Building irspeczor, Gorgon r. Clyde TBROUCH: Director of Public lderks, Charles Lieuin 9JBJ1ECT: Change in Zoning Ordinance ' D TL: October 13, 1970 At its re,ular meeting on October 13, 1970, the Zoning Board of .ppeals _ , ith all members present voted to reed end that Ordinance 46, 1965, knawn as the Zoning Ordinance, be further amended as follows: 17.7(4) [Section 19-e2,7(4) Ccde of Ordinances] "Lxcept as permitted below, no barbed wire or other sharp pointed fence and no electrically charged fence shall be installed or used in any district. In the General Industrial (IG) and Cc-ercial (C) zoning districts, the Chief Building Inspector may grant a revocable use penait which r,ist be renewed every three years, for installation Of security arms and barbed wire strands atop protective fences or t•,alis, pro- vided the following conditions are imet: (a) The lowest strand of barbed wire is ra intained at least ten (1"0) feet above the adjoining ground level outside the fence, and (b) Exterior area security lighting controlled by an automatic light level switch is installed and is rain- tained in good operating condition." The reasons for the change is that the Board believes that the use of barbed wire for security is justified in certain cases. Gordon F. Clyde, Chief Building Inspectcr, Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that this be approved and incorporated in the City ordinance. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion adopted. Mayor Carson asked authorization from the Council to increase the executive members ,from 23 to 34 in the National League of Cities. Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that this request be approved. Roll was called resulting ` as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The•Mayor_declared the motion adopted. Mayor Carson presented the following proclamation:.'" PROCLAMATION NATIONAL FOREST PRODUCTS WEEK BY MAYOR jn, [ A,?sC v CITY OF I-e,127- �� �� i ds, CC! A0. °1 { WHEREAS, our community owes a great debt to the Western Forest ;• - Products Industry for supplying the materials to build our homes, schools; churehes and farms: 'and _ s LtvJ I :n A, - _forests are one of our greatest - WHEREAS, our i:z r ilnl5 natural resources from which we draw our strength, and are invaluable to the economic growth of our community, and WHEREAS, our people could not live comfortably without a continuous supply of iumber, piywuud, pulp and paper and the 5, 000 other products made from wood, and WHEREAS, lumber is our oldest manufacturing. industry, dating back to 1608 when the first shipment of clapboards from Jamestown, Virginia Colony started our American. Heritage of industry and, ion's only renewable natural resource, WHEREAS, timber, our nat contributes immeasurably to our in economy and affords many rec- in local reational opportunities, and is a definite part of our consideratio abetter conservation programs, thus making our city of FEa7' Cca��Ns place in which to live, work and play, and, WHEREAS, formal recognition need be given our great National Forest Products Industry, NOW, THEREFORE, BE IT RESOLVED THAT THE WEEK s NATIONAL FOREST BER 18-24, 1970, shall be known in row~ ��� q/ PRODUCTS WEEK and all citizens are urged to participate in all ceremonies and observances. n F 125 MAYOR of<iArs h — (Name City do hereby urge the citizenry to so honor "NATIONAL FOREST PRODUCTS WEEK. ' .may of 1970. I hereby fix my hand and seal this Signed Mayor Carson stated there are four appointments to the Designing to-moxxow to -day Steering Committee. The recommendations were from several groups, these were Tony Rodriquez, ' Manuel Apodaca, Jennie Bueno and Gilbert Martinez. Motion was made by Councilman Chilton seconded by Councilman Troxell, that these recommendations be approved. Roll was called resulting as follows: - Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kxuchten. Nates: None. The Mayor declared. the motion adopted. - Mayor Carson proclaimed the week of October 18 through 24, 1970, as Design Tomorrow To day Week. I Motion was made by Councilman Troxell, seconded by Councilman Chilton, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The M yor declared the motion adopted, and the Council adjourned. May ATTEST: City C