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HomeMy WebLinkAboutMINUTES-05/15/1969-Regular337 15. 1 MINUTES OF A REGULAR PI1.T ING OF THE COUNCIL OF THE. CIT_ .OF FORT COLT I?TS Held Thursday, May 15, 1969, at 1:30 o'clock P.M. ..Present: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. City Manager Coffey, City Attorney March and Director of Public Works Li.quin. Motion was made by Councilman Kissock, seconded by Councilman Kruhten, that the.reading of the minutes of the last regular meeting held May 8, 1969, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Mayes: None. The Mayor i declared the motion adopted. The following ordinance was presented on first reading and read at length: ORDINANCE NO. 28, 1969 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Troxell, seconded by Councilman Kissock, that Ordinance No. 28, 1969, be considered favorably on first reading and ord- ered published this 15th day of N[ay,A. D. 1969, and to be presented for final passage on the 5th day of June, A. D. 1969. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following resolution was presented and read at length: Apo RESOLUTION 6 %- 3�L OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING NOTICE CONCERITING 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 ZOI�LFG ORDINANCE, IN ORDER TO CLASSIFY FOR ZONING PURPOSES CERTAIN PROPERTY BEING AFNEXED 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 Guard First annexation to the -City -of Fort Collins more'particularly--described in the "Notice of Public Hearing" attached hereto, and i WHEREAS, the owners of said property have petitioned that said pro- perty be included partly in the R-L Low Density Residential District, and partly in the R-P Planned Residential District. and WHEREAS, the Planning and Zoning Board has made a study of said zoning request and has held a hearing and has made a report and .recommendation thereof. all in accordance with Section 19-46 of the Code of Ordinances of t1-:e City.of Fort Collins, Colorado, 1958, as amended. and WHEREAS, the City Council desires to hold a hearing on said zoning request as required by said Section 19-46. NOW, THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF. FORT COLLINS that June 5,.,1969, 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 public nearing on said zoning request; 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 Code of Ordinances of the City of Fort Collins. Colorado. 1958, as amended. in the form attac_".ed hereto. 338 May 15, 1969 Passed and adopted at a regular meeting of the City Council held this 15th day of May, A. D. 1969. / Karl E. Carson yor ATTEST: /s/ John Bartel City Clerk Motion was made by Councilman Kissock, seconded by Councilman Troxell, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The _Mayor declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 22, 1969 BEING AN ORDINANCE ADOPTING AN ELECTRICAL CODE AND PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY AND RELATING TO THE REGULATION OF PERSONS ENGAGED IN THE BUSINESS OF ELECTRICAL WIRING, PERSOAiS LABORING AT THE TRADE OF ELECTRICIAPi, THE INSTALLATION, ALTERATION OR REPAIR OF ELECTRICAL WIRING AND THE INSPECTION THEREOF IN THE CITY OF FORT COLLINS, COLORADO, AND PROVIDING FOR LICENSING AND THE ISSUANCE OF LICENSES. j Motion was made by Councilman Kissock, seconded by Councilman Troxell. that Ordinance No. 22, 1969, be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following ordinance was presented on second reading: \^?A' ORDINANCE NO. 23, 1969 BEING AN ORDINANCE AMENDING SECTION 19.56 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLZINS, COLORADO, 1958, AS AMENDED, RELATING TO THE SUBDIVISION OF LANDS AND REQUIREMENTS THEREFOR Motion was made by Councilman Troxell, seconded by Councilman Lopez, that Ordinance No. 23,.1969, be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez. Kissock and Kruchten Hayes: None.. The Mayor declared the motion adopted. The following crdinance was presented on second reading: ORDINANCE NO. 2L, , 1969 BEING AN ORDINANCE AM721 D11711 CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORAD0,19g9, AS AMENDED AND RELATING TO LOCAL PUBLIC IMPROVEMENTS Motion. was made by Councilman Lopez, seconded by Counc.i.lman Kruchten that Ordinance No. 2L, 1969. be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson. Troxell.'Lopez, Kissock and Kruchten. Mayes: None... The Mayor declared the motion adopted. The City Attorney advised the Council that the District Col:rt had rendered a decision on the referendum and zoning case in the Sprirg_ Cr6ek 9 339 May 1.5._l_9_69 area. In the judges decision, it was found that this ordinance was valid but f t6,.at it must be the subject of a referendum. It was his recommendation that this ! case be taken to the Colorado Supreme Court as there are no state decision on referendums in connection with rezoning. He felt that this case was important enough that the decision should be rendered to the advantage, not only to the City of Fort Collins, but to the other cities in the State. Motion was made by Councilman Troxell, seconded by Councilmn Kruchten, that the City Attorn6y be instructed to take the matter to the Colorado Supreme Court. Roll was called resulting as follows:. Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. �-.0 RESOLUT ION 6 % 33 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A LEASE AGREEMENT TO B E ENTERED INTO WITH CLARENCE YAGER AND PEARL YAGER ; WHEREAS, the City of Fort Collins owns certain property located in the NW-4 of Section 12, Township 7 North, Range 69 Westof the 6th P.M., and WHEREAS, said property is not now needed for municipal .purposes, and WHEREAS, it is to the advantage ofthe City to lease said property in order to control weeds and keep the property in good condition, and WHEREAS, Clarence Yager and Pearl Yager have offered to lease said property, and a lease has been prepared by the City Attorney which has been approved by the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said lease agreement be and the same here by are accepted and approved, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they here- by are authorized and directed to execute said lease agreement for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this 1 15 day of May, A. D. 1969. /s/ Karl E. Carson Mayor j ATTEST: /s/ John Bartel City Clerk Motion was made by Councilman Kisso'ek, seconded by Councilman Kruchten, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. `'k The City Manager's annual report was presented, and after some dis- cussion, motionvcas made by Councilman Lopez, seconded by Councilman Kruchten, that this report be accepted as prepared. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. Specifications for the design and construction of Sewer Mains in 1 subdivisions, which was tabled from April 24, 1969, was again presented. Motion 340 was made by Councilman Kruchten, seconded by Councilman Trozell.,that due to interested contractors, the matter be tabled indefinitely. Roll was called resulting as follows: Ayes: Councidmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. 5 The matter of rental of ::mall boats. on City Park Lake was tabled on Ia May b, 1969, to this date. Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that this be removed from the table. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted, The Director of Parks and Recreation was present- and stated that he felt that this move would be to the advantage to the City and that equipment should be purchased and rental fees be implemented, and that in due time the revenue received would pay for all boats, etc. He also stated that there.would be no moters used on any of the craft, except for perhaps one one-half horse- power moterboat. Motion was made by Councilman Kissock, seconded by Councilman , Kruchten, that this program be approved as presented. Roll was called result- ing as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and I Kruchten. Nayes: None. The Mayor declared the motion adopted. The following resolution was pre,�Ented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING JOHN J. TOBIN AS JUDGE OF THE MUNICIPAL COURT AND JOHN E. KOCHENBURGER AS ASSISTANT MUNICIPAL JUDGE AND FIXING THEIR COMPENSATIOi\I. WHEREAS, Section 1 of AHticle XIV of the Charter of the City of Fort Collins provides that the Judge of the Municipal Court shall be appointed by the City Council for a term of 2 years and shall receive such como_ensation as shall be fixed by the City Council; and WHEREAS, the terms of office of said John J. Tobin and John E. Kochenburger have expired; and WHEREAS, said John J. Tobin and John E. Kochenburger have ably and efficiently performed their duties as Judge of the Municipal Court and Assistant Municipal Judge, respectively. NOW, THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS rhat John J. Tobin be and he hereby appointed Judge of the Municipal Court to serve for a term of 2 years, effective forthwith. BE IT FURTHER RESOLVED that John E. Kochenburger be and he is hereby appointed Assistant Municipal Judge to serve in the absence of the Municipal Judge in connection with matters requiring the attention of the Municipal Judge. BE IT FURTHER RESOLVED that while serving in this capacity of Municipal Judge, the said appointee shall receive conpensation at the same rate as that provided for the position of Municipal Judge. Passed and adopted at a regular meeting of the City Council held this+ 15th day of May, A. D. 1969• /s/ Karl E. Carson ATTEST: Mayor /s/ John Bartel Citv Motion was made by Council man Lopez. seconded by Councilman Troxell. 1. that- thl_- "t:c�ll. Clon , be Rl7it'..n aS fnI l 341 May 15 ,_1.9.69 �Coanci1! r ar on.. Trezell Lopez. Kissock, and Kruchten. Mayes: PJone. The Mayor declared the motion adopted. Mrs. Joy Larrabee appeared and w \ hed to pass'on the good word for our firemen for services rendered and suggesed that an increase in pay be granted. However the City Manager advised her that a substantial increase was given all firemen recently. I ` Mr. E. D. Melendrez, representing the Buckingham area, requested the City to proceed with installing curb and gutter and black topping the streets. After some discussion, he was informed that this would require an improvement district and would be necessary to file petitions requiring the :proper per- centage of property owners. Mr. Melendrez indicated that this paving district was included in the petitions that was submitted when a sewer improvement district was formed. The City Attorney advised him that if this was true, the petitions would now be invalid and a new district would have to be formed. The following proclamation was presented and read at length: 13� Suggested Proclamation by the Mayor for Realtor Week WHEREAS, the Fort Collins Board of Realtors is joining with many of .the other 1,550 boards of the National Association of Real Estate Boards throughout the couitry i:: o':,.serving Realtor Week, May 18-24; and WHEREAS,.the Realtors of our community continue to contribute freely of their professional skills in the successful work of civic and fraternal clubs government commissions and agencies, and educational institutions of Fort Collins; and WHEREAS, the Realtors throughout this great country of ours have undertaken the broad Make America Better Program designed to help solve the major problems of our cities and towns;.and WHEREAS, the bulk of the progress of our community is directly attri- butable to the competence with which Realtors are taking part in the commercial and industrial growth of our city; and WHEREAS, the Code of ElU cs to which Realtors are pledged places them in the forefront of the responsible organizations in this country and Realtor Week is designed to acquaint the public with these high standards of professional service provided,by Realtors; NOW, THEREFORE, I Karl E. Ca -son. , Mayor of Fort Collins; Colorado, do hereby proclaim May 18-24 to be Real :tor Week and urge my fellow citizens to join with the Fort Collins Board of Realtors in its observance. IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the city of Fort Collins, Colorado, to be affixed this 15th day of May, 1969. Karl E. Carson Byer The following letter was presented and read at length: y,_ r r Mr. Tom.Coffey, City Mgr. City Hall Fort Collins. Colorado Dear Sir: Fort Collins. Colorado Downtown Merchants P. 0. Box 229 May 12, 1969 The Downtown Merchants Assn. is planning to have their annual Sidewalk Bazaar and Carnival. Tuesday & Wednesday, July 15-16. 1069. 3.42 I he `iE me t11 at LiebE PL City Traffic En=ineEr, and we have &reed on the details as follol:ls: The Forsythe & Dowis Carnival will be set up on. the center of blocks, 100 No, 100 So, & 200 So. College., With the .cross streets of LaPorte Oak, Mountain L Olive to be left open. All carnival, equipment 8: concessions to be maintained with in the closed area. A fire land on both the east & west side of College to be left open at all times. The streetto be closed at 7:00 P.M. on Monday the 14 and opened at 3:00 on Thursday the 17. The merchants will setup Bazaar bootha.on the side walks or in the enclosed area. We are hereby requesting permission to close College Avenue and have t car- nival as in the past. - Sincerely, Gayle `I�troh, Sec. & Publicity Director Motion was made by Councilman Kruchten, seconded by lCouncilman Troxell, that this request be granted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: No-e. The Mayor declared the motion adopted. Due to the passingby the vote of the people, the sale of intoxicating , lad i i liquor in the City limits of the City of Fort Collins, a State application to- gether with all information required by the State Licensing Board, was filed by Floyd and Regina Baker on April 14, 1969, by their Attorney Hardin, Olson and Napheys. As the City does not have rules and regulations and application i forms, on May lst, 19.69, a letter was received from their attorney, stating that the matter would be taken to court due to the State's rules, and filing for a liquor license, indicating.that the City has no authority to withhold an application. Request was made by thb=City Attorney to represent the City in the case. Motion was made by Councilman Troxell, seconded by Councilman. Lopez, that the City Attorney be authorized to proceed in this case. Roll Lopez, was called resulting as follows:. Ayes: Councilmen Carson, Troxell,/Kissock. and Kruchten. Na.yes: None. The Mayor declared the motion adopted. The City Manager presented a rather lengthy opinion and findings relative to a request made by the Inter -Residence :'all Association of Colorado State University for the investigation and conduct of our Police Officers on College days. After some discussion, motion was made by Councilman. Kissock, seconded by Councilman Troxell, that this report be accepted and a formal reply be m_�de to the Association at a future date. Roll was called resulting as follows: Ayes: Councilmen Carson.' Troxell. Lopez, Kissock and Kruchten. I�ieyes: None. The. Mayor declared the motion adopted Motion was made by Councilman Kissock. seconded by Councilman Troxell. that the Council adjourn. Roll was called resultin:, as follows: Ayes: Councilme❑ Cars-cr. Troxell. Lopez. Kissock and Kruchten. Nayes None. The _ It i Mayor deClS r;, ,-, t�^_e mOtiGn ad-•p `.ed endthe COUnCll u joUi`n e'd. City Clerk