HomeMy WebLinkAboutMINUTES-04/16/1970-Regular168
MOT`ES OF A REGIILAR MMING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held
IN
Thursday, April 16, 1970, at 1:30 o'clock P.M.
Present: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. City Manager
Coffey, Assistant City Attorney March and Director of Public Works Liquin.
Motio., was made by CounclmanKCsso6n seconded by Councilman Lopez, that the reading
of the minutes of the last regular meeting held April 9, 1970, be dispensed with. Roll was
called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kiaaock and Kruchten.
Nayes: None. The Mayor declared the motion adopted. `
The following proclamations were presented and read at length:
Mayor's Proclamation,
Friday,'May 1, 1970
Fort Collins, Colorado Mayor Karl E. Carson, hereby Signs ha Intethis orcla proclamation
dec�Epnlon
week of May first through May seventh as Ep' Sigma P
Sigma. Alpha ..members -in Colorado were especially cited for their philanthropic work.
Members of Beta Theta Chapter, Fort Collins, Colorado, have contributed 640 hours aAd $249.25
in monies to their projects.
Members of Zeta Chi Chapter, Fort Collins, Colorado, have contributed 160 hours and $96.00
to their projects.
The State project inColorado has been cerebral Palsy.
ESA week encompasses all three aims of the sorority; education, philanthropy and social. During
this week, however, 1,700 chapters and more than 31,000 members place special recognition on
philanthropic.
As ESA Members bQin their forty first year and since it is also the beginning of the 70's
they will be placing importance on understanding their role and responsibilities as leaders
in their community. Signed:
/sL
Witness
Witness 1s/ Charlie D Cain
PROCLAMATION ,
I, Mayor Carson, proclaim April 23, to May 23 as Forward CSII Month. This declaration is for
the benefit of those students attending Colorado State University who are concerned with the
welfare of the University and the City of Fort Collins.
Forward CSII Month is dedicated to obtaining money that will be donated to the William E.-Morgan
Library. This money will be used to further the education of the students and -,faculty of
Colorado State University by providing microfilms'
It is hoped that -ais proclamation willmake all people concerned with the university aware of
the goals of Forward CSU.
yrar of our Lord Nineteen Hundred and Seventy, cityof Fort
This, on April Sixteenth, in the
Collins.
Isl Karl E. Carson
Section 4, Article II, of the Charter reads "Both the Mayor and the Assistat Mayor
shall be elected' from the Counci
lmen for terms of one year". 'Terms of officers to begin
on the first Tuesday after the second Car Monday
of April. Motion was made by Councilman Troxell,
sonr Kruchten be reapp ointed for
'seconded by Councilmen Lopez, that Mayor/and Assistant Mayo
Ayes: Councilmen Cersori, Troxell,
another year. Roll was called resulting as follows:
Lopez, Kissock and Kruchten. Nayes; None. The Mayor Declarod the motion adopted.
T�
Mayor Carson stated that he felt the Fort Collins City Councilhas many issues
before it•for the coming years and hopes the community participates. That he is looking
forward to next year and encourages communication with the Council, that the Cc uncil
welcomes suggestions and ideas and thinks this will help make the'City of Fort Collins.
The Merchant of the Month award was awarded to W. J. Smilie, Manager of Poudre
Valley Federal Credit Union, for his outstanding observance of fire protection. Chief
Yonders of the Fire Department was present and stated this award was a small token for Mr.
Smilie's cooperation. Mr. Smilie praised the City in it's recent adoption -of a credit
union for it's employees.
The follow9g ordinance was presented on second reading:
ORDINANCE NO. 24, 1970
BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITP OF FORT COLLINS,
COLORADO, 1958, AS AMENDED, COMMONLY KNOWN -AS -THE ZONING ORDINANCE AND CLASSIFYING FOR
ZONING PURPOSES THE PROPERTY]NCLUDED IN THE WEST LAPORTE AVENUE THIRD ANNEXATION TO THE OITY
OF FORT COLLINS, COLORADO
Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that Ordinance
No. 24,1970, be
adopted.
Roll was called resulting as
follows:
Ayes:
Councilmen Carson,
i
Troxell, Lopez,
Kissock
and Kruchten. Nayes: None.
The Mayor
declared
the motion adopted.
The following ordinance was presented on first reading and read at length:
Y ORDINANCE NO. 26, 1970
BEING AN ORDINANCE CREATING THE CITY OF FORT COLLINS GOLF BOARD, PROVIDING FOR THE APPOINT_
MENT OF MEMBERS TO SUCH BOARD, ESTABLISHING THE TERMS OF SUCH MEMBERS AND DEFINING THE DUDES
OF SUCH BOARD.
Councilman Kissock questioned the seven members, stating that the Board recommended
five, that he thought that with seven members, it would be difficult to function. The City
Manager stated that he felt it would be better to have seven members, that there would be
a lot to do and would like to have it as administrative as possible.
Stuart Case was present and stated that as a member of the Board he had helped
draft thely laws and that they did recon¢sendfive.members, however, he had no objection to
seven members. The Assistant City Attorney stated the ordinance can be amended if necessary.
Mr. Case stated the Board meets the last Wednesday of the month. Motion was made by
Councilman Kissock, seconded by Councilman Troxell, that Ordinance No. 26, 1970, be con-
sidergd favorably on first readingthis 16 day of April, 1970, to be presented for final
passage on the 7th day of May, 1970. Roll was called resulting as follows: Ayes: Councils-
men Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the
motion adopted.
The amendment to the zoning ordinance allowing for Highway Service zoning was
discussed. The City Planner explained the revised changes, stating the.uses permitted
should be changed to R-M use with R-H density and fencing from fence or screen, The
' Assistant City Attorney stated his office would draft a7-resolution next week.
170
The City Manager stated that Article 13, relating to Fireworks, of the Fire
Prevention Code, was deleted by Ordinance No.71, 1966. Chief Yonkers of the Fire Department
stated that for the last three or four years they had been trying to enforce the State Code
but had been very unguccessful because of the uncertain amount of powder'.in various types
of fire works, also it was just as impossible for the Police to enforce this law. He
stated the Manuracturers change the type and powder content every year, that he had sent
the manufacturerers our Fire prevention Code but they did not comply. He stated that any
explosive is bad. That there will be some sold outside the city limits and brought in the.
City, and as the City grows we have to have more and better control. That other larger cities
have adopted the State Code. He said fireworks have caused accidents and deaths, that
several accidents were reported by the hospital and others probably have happened that were +$
i not reported. He stated that we would bedoing much for the citizens by eliminating fire
works altogether and felt weshouldtake'some action before the dealers start buying their
supplies, that Greeley and Boulder have already adopted Article 13. Chief Smith of the
i
Police Department was present and stated that trying to enforce this Code was almost impos-
sible, that some,_1iglit think that banning fireworks is taking pleasure away from some youngster
but in reality could save some child's life and that'he thought they should be done away with
all.:together. The City Attorney stated he could draft an emergency ordinance adapted to
local conditions. Motion was made by Councilman Kruchten, seconded by Council Lopez, that
the matter be referred to the City Attorney to prepare the necessary ordinance. Roll was
called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten.
Nayes: None. The Mayor declared the motion adopted.
The follotai.ng resolution was presented and read at length:
RESOLUTION 70-36
OF THE COUNCIL OF THE CITY OF.FORT COLLINS REFERRING TO THE CITY ENGINEER.PETITIONS FOR THE
ORGANIZATION OF STREET IMPROVEMENT DISTRICTS FOR CHECKING AS TO COMPLIANCE WITH THE REQUIRE-
MENTS OF LAW v
WEREAS, petitions have been presented to the City Council for the organization
of Street improvement Districts on the following streets in the City, to -wit:
Bishop Street between Leland Avenue and Maple Street;•
Alpert Court between Stover StME�trand the end of Alpert Court as now platted;
Plum Street between Taft Hill Road and.Glenmoor Drive;
Glenmoor Drive from Plum Street to a point 135 feet South of Plum Street;
Ponderosa Drive between Orchard Place and Mulberry Street;
Laurel Street between Ponderosa Drive and a point 128 feet Tbst of Ponderosa Drive;
Orchard Place between Ponderosa Drive and a point 128 feet west of Ponderosa Drive.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF. THE CITY OF FORT COLLINS that said
petitions be referred to the City Engineer for the purpose of checking the same with respect
to compliance with the requirements and provisions of Chapter 15 of the Code of Ordinances of
the City of FortCollins,.Colorado, 1958, as amended, and for the purpose of ascertaining
whether or not the owners of the required amount of frontage on said streets have properly
and legally signed such petitions:
Passed and adopted at a regular meeting of the City Council."zeld this 15th day
of April, A. D. 1970.
/s/ Karl E. Carson
Mayor
'ATTEST:
/sl John Bartel
. ity Clerk ,
it 16, 1970
Motion -was made by Councilman Lopez, 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 tke ,motion adopted.
The followig resolution was presented and read at length:
RESOLUTION 70-3l
OF THE COUNCIL OF THE CITY OF FORT COLLINS CONSOLIDATING CERTAIN PETITIONS FOR THE FORMATION
OF A STREET IMPROVEMENT DISTRICT INTO ONE IMPROtD ENr DISTRICT, AUTHORIZING AND DIRECTING
THE CITY.ENGINEEK TO MAKE THE.NECESSARY SURVE76'A1iD PREPARE THEMAPS, PLANS AND SPECIFICATIONS
AND ESTIMATES OF COST FOR A PERMANENT IMPROVEMENT DISTRICT, TOGETHER WITH A SCHEDULE OF
ASSESSMENTS FOR CERTAIN STREETS.AND ALLEYS IN THE CITY OF FORT COLLINS FOR THE PURPOSE OF
CREATING A PERMANENT CONSOLIDATED IMPROVEMENT DISTRICT
WERFAS, the owners of more than one-third of the property having frontage to..be
assessed for the same included in the following areas, to -wit:
Bishop street between Leland Avenue and Maple Street;
Alpert Court between Stover Street and the end of Alpert Court as now platted;
Plum Street between Taft Hill Road and Glenmoor Drive;
Glenmoor Drive from Plum Street to a point 135 feet South of Plum Street;
Plnderosa Drive between Orchard Place and Mulberry Street;
Laurel Street between Plnderosa Drive and a point 128 feet west of Ponderosa Drive';
Orchard Place between Ponderosa Drive and a point 128 feet West of Ponderosa Drive;
have petitioned the Qiy Council under the provisions of Chaper 15 of the Corte of Ordinances
of the City of Fort Collins, Colorado, 1958, as amended, relating to local public improvments
for the organization of a permanent improvement district within the limits above defined for
the purpose of improving various streets and alleys by the installation of curb, gutter and
r
street pavement; and
WHEREAS, said petitions were duly received by the City Council and duly referred to
the City Engineer for the purpose of checking the same with respect to compliance with the
requirements and provisions of said Chapter 15; and
WHEREAS, THE City Engineer has reported that said petitions do comply with such
requirements and provisions and that the owners of the required amount of frontage on said
streets have properly and legally signed such petitions.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF.THE CITY CF FORT COLLINS that the
City Council hereby finds that the improvements petitioned for in said petition are sub-
stantially the same and said petitions are therefore consolidated into one improvement
district to be known as Consolidated Street Improvement District No. 63; and
BE IT FURTHER RESOLVED THAT the City'Engineer be and he hereby is authorized, .
empowered and directed to make a complete survey of the proposed consolidated.district for
the purpose of preparing a map, plans and speci£icat>ons and an estimate of the cost of said
improvements in said district and the amount to be assessed to the respective lots an4 blocks
and properties located in said district, said district to comprise and include the lots and
blocks and lands abutting on said streets and alleys as hereinabove described, and all of said
lots and lands to be assessed for the improvements hereinabove described, which said work,
when completed, shall, with all convenient speed, be reported to the City Council for approp-
riate action for the purpose of organizing said consolidated district as provided by law and
providing for the construction of the permanent improvements therein in accordance with said
plans and specifications.
Passed and adopted at a regular meeting of the City Council held this 16th day of
April, A. D. 1970.
/s/ Karl E. Carson
Mayor
ATTEST:
/s/ John Bartel
City Clerk
Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that this
resolution.be adopted. Roll was called resulting as follows: Ayes: . Councilmen'6ars6n,
Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted.
712
{ :
Councilman Kruchten stated that we need to change the size of our districts, that .
some time ago that there was creationof sidewalk districts. The Director of Public Works
stated that this district meets all of the requirements. There were not enough sidewalks
needed to sta'rt an improvement district. He stated that there was a request for sidewalks
in the northwest part.of town, but. did not recommend setting up one at this time. He
stated that he would like to have the City Attorney check on revoking permits, that there are
many coal pits under sidewalks in the downtown area and the tops on sidewalks are deteriorating.
He said that due to the passage of an ordinance last year, sidewalks were included.
The following report was presented and read at length:
April 6, 1970
TO, Tom Coffey, City Manager '
.THRu: Charles Liquin, Director of Public Works-
FROM: .Roy A. Bingman, City Engineer
RE: Consolidated Street Improvement District No. 63.
-"
The City Council has previously referred,the petitions received
Engineering Department
!
for this year's street improvement district to the
specifications and cost estimates.
°.for the necessary surveys, plans,
The streets for which petitions have been received, together with
the percentage of the total frontage petitioning the paving is as
-follows:
j
..
1. Bishop Street between.Leland Avenue and Maple Street.
.(Petitions - 90Z).
2. Alpert Court between Stover Street and -a point easterly.
(Petitions - 70%)
3...Ylum Street between Taft Hill Road and Glenmoor Drive
,.
(including abutting Glenmoor Drive between Plum Street
and 135+ feet south of Plum Street).
(Petitions - 55%)
4. Ponderosa Drive between Orchard Place and Mulberry Street
Drive
(including abutting Laurel Street between Ponderosa
1/2 of
1.' and 128+ feet westerly, and including the north
abun Ponderosa Drive and 128+
tting Orchard Place betwee
feet westerly).
(Petitions - 51%)
It. is recommended that all of the above streets and alleys be
included in the Street Improvement District No. 63.
':The cost estimate. for the various portions of the district are as
follows:
1.,.Bishop Street between Leland Avenue and Maple Street:
1061.62 feet
Assessable frontage:
°
Total estimated construction cost: $5085.00
Estimated construction cost per front foot: 4.79
Estimated cost per front foot (including 17%): 5.60 i
-2. Alpert Court between Stover Street and a point easterly:
fAssessable frontage: 512.02 feet
Total estimated construction cost: $4459.00
Estimated construction cost per front foot: 9.22.
Estimated cost per front foot (including 17%): 10:)9
Estimated City expense: none -
3. Plum Street between Taft Hill Road and Glenmoor Drive (including
'abutting Glenmoor Drive between Plum Street and 135+ feet south
of Plum Street):
Assessable frontage: ' 1537.60 feet
•Total estimated construction cost: $8425.00
.Estimated construction cost per.fiont foot: 5.15
Estimated cost per front foot (including 17%): 6.03
Estimated City expense: 501.00
' -4. Ponderosa Drive between Orchard Place and Mulberry Street (including'
abutting Laurel Street between Ponderosa Drive and,128+ feet
westerly, and including the north 1/2 of abutting Orchard Place
between Ponderosa Drive and 128+-feet westerly):
e Assessable frontage: 2863.75 feet
'Total -estimated construction cost: $23,786.00
Estimated construction cost per front foot: 8.21.
Estimated cost per front foot (including 17%): 9.61
j' Estimated City expense: .260.00
Total estimated construction cost fqr the district: $41,755.00
Total°estimated City expense for the district: 761.'00
j5 In order to proceed with the improvement district, it is necessary r
j -_for. the City Council to adopt the plans, specifications, and cost estimate j
(j for the district, and publish notice of the district..
It is also necessary'to provide for the administrative expense of
processing the district. The following are recommended percentages of l
the t6tal cost to cover each portion of the expense: -
Engineering: 6% 1
Legal and publication: 2%
Interest during construction: 4%
•Collection and certification to County: 5%
�! TOTAL: 17%
..The recommended percentages, as listed above, differ from the 23% which
vas used.in 1969. We feel that these amounts are more representative
of the actual administration expenses.
In addition, the Council must set forth the period over which the :
cost of the improvement may be paid and t$e rate of interest which will
be carried with the installments. It is recommended that these be ten
= years and 6 percent.
Reessppectful/ly' submitted,
P/bkk Roy 'Ay Bingman
City,Engineer
-■
The following resolution was presented and read at length:
i
RESOLUTION 70-3$
OF TiiE COUNCIL OF TfiH CITY OF FORT COLLINS ADOPTING
THE rEPvit' er Ti'E CITY ENCINErR ON ii'i. STI"ATFD
COSTS A?:D ASSESS+[Et=1S FOR CNSOLIDATED STREET IsgIROVE-_
KLEN1 DISITICT ix0- 63 hi,D A,PPROVIEG THE DETAILS AND
m,MG THE' NU?-18ER
SPECIFICXIW,r,riVNI
OF INSTFL..'Et'TS POW THE'rIm. V1 ia, hfllCii COSTS SHALL
BE PAYABLE, THE RATE OF INT?REST TO BE CHARGED ON
UNPAID I::STALL`i_NTS ANi IE PROPERTY TO BE ASSESSED
FOR THE SA iE; X D AU'RiORIZING TfiL PUL:.ICATIOCy AND
MAILING CF i;GTICE TO Tllii PR.OPnP O+ -ERS OF ALL REAL
ESTATE IN SAID DISTRICT TO BE ASSESSED AND TO ALL
PERSONS INTBRJR fED GEINMPALLY, AND FIXING THE DATE OF
f:EARING i;1iL?1 Tt—. CITY CCUEyCIL WILL CGNSIDEIt 13Y
ORDIIWNCE THE 011DERING .OF TEE- PRCPOSi D IkTROIE� hTS
1111EREAS, heretofore the City Council by resolution directed the
City Engineer to naive a complete surrey of proposed Consolidated Street
Improvement District No. 53 for the purpose of preparing a vamp, plans and
specifications and estimate of the cost of said improvements in said
district; and
PHERLAS, the City Eneineor has made his report of the estimated
costs and assassvents for said district and has presented the details and
specifications for the sane; and
e
NOW, T11BEREFORE, BE IT RESOLVED SY TiiL COUNCIL OF THE CITY OF
FORT COLLINS that the report and details and specifications as presented
by the City Engineer for said Consolidated Street Improvement District
No. 63 be and the same hereby are accepted and adopted; and
That the assessments for the cast of installing the improvements
in said district still be made upon all of the lots and lands abutting upon
the streets, and alleys to be improved in the district in proportion as the
frontage of each lot or tract.of land on a particular street or alley is
to the frontage of all lots and lands on said particular street or alley
so improved, all as provided in Section 1S=63(a) and 15-64 of the -Code of
Ordinances of the City of Port Collins, Colorado, 1953, as mmonded; and ,
That said assessments shall be payable in ten (10), equal annual
installments with interest on the unpaid installments at the rate of six
per cent'(6%) per annum; and that the estiiastad costs and assessa;nts,
map of the district, schedule shoAng the approximate amount to be assessed
per abutting foot upon the several properties in the district, all as
presented by the City Engineer, be and the same hereby accepted and
adopted; and that Thursday, June 4, 1970, at the hour of 1:30 o`clock
P.M., or as soon thereafter as the:laatter may, come on for hearing in the '
Council C:a=.bers of the City Hall, City of port Collins, is the date on
which the Council of the City of Fort Collins will consider.the ordering
by ordinance of the proposed improvements and hear, .ali ca.aoiaints and
175
1 16, 1970
objections that may be filed in writing concerning the propsed improvements by the owners
of any real estate to be assessed or any persons interested in the same; and
i.
That the City Clerk be and he hereby is directed to give notice by publication and
mailing to the owners of property to be assessed and all interested persons generally ,
all as set forth in Section 15-57 of the Code of Ordinances of the City of Fort Collins,
Colorado, 1958, as amended.
Passed and adopted at a regular meeting of the City Council held this 16th day of
April, A. D. 1970.
/s/ Karl E. Carson
Mayor
ATTEST:
%s/ John Bartel
City Clerk
I
Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that this --
resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson
i
Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted.'
y
i
Mr. Jerry -Roth again appeared protesting the rezoning of the property owned by the
Columbine Nursing Home, 421 Parker Street. His property is adjacent to this rezoning. He
stated that the Nursing Home is too long for the area, th4Lt the property used to be 30 feet
i
set back, whereas now it is 15 feet, that he cannot see the traffic when backing from his
I
driveway, and that he is quite concerned aigout the children. That the evaluation of this
s.
zogladng request be re -considered. He requested that this rezoning be postponed until this
is studied, that Whedbee street is narrow and should be one way.
Mr. Bob Nelson, Attorney speaking for the Columbine Nursing.Home, was present and
5
stated that the matter has been taken care of legally and was sorry to_take up more of the
Council's time. He personally discussed all problems with Mr. Roth and that the variance
was approved at the Zoning Board of Appeals April 14, 1970. He stated that Mr. Roth should .
have appeared before the final reading of the ordinance, that the building is 15 feet from
the curb. He said that Mr. Roth offered to sell his property for $20,000 and it was appraised
at $15,000. Mr. Roth c2-41 d no price was ever quoted.
The City Attorney stated that the Council had 10 days to rescind this action.
The Mayor stated that this rezoning request -had gone through all legal -procedures.
Councilman Lopez requested that the Council see the property and judge accordingly.
The Mayor stated that they would inspect this property after finishing the agenda. Motion
wasmade by Councilman Lopez, seconded :by Councilman Kruchten, that all members see this
property before making the final decision. 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:
176
RESOLUTION 70-39
OF THE COUNCIL OF THE CITY OF FORT COLLINSGIVINGPUBLIC NOTICE CONCERNING A PROPOSED
0 INANCE CHANGNG THE THE ZONING MAP OF THE CITY OF.FORT COLLINS AND AMENDING.CHAPTER 19
OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWNAS THE ZONING ORDI-
NANCE.
WHEREAS, a written petition has been presented to the City Council requesting that
the zoning classification for the property more particularly described in the "Notice of
Public Hearing" attached hereto be changed from R-H, High Depsi* Residential District,
and B-G, General Business District, to B-L, Limited Business District; and
WHEREAS, the Planning and Zoning Board has made a study of said rezjoning request
and has held a hearin and made a report and recommendation thereon, all in accordance with
the provisions of Section 19-46 of the Code of Ordinances of the City of Fort Collins,
1958, as amended; and
WHEREAS, the City Council desires to hold a public hearingon said rezoning request
as required by Section 19-46.1 (5) of the Code of Ordinances of the City of Fort
Colorado, 1958, as amended.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that May
7, 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 Hallof the City of Fort Collins is hereby set as the time and
place for a public hearing on said rezoning request; and
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a Notice
of said hearing as provided in Section 19-46.1 (5) of the Code of Ordinances of theCity.of
Fort Collins, 1958, as amended, in the form attached hereto.
Passed and adopted at a regular meeting of the City Council held this 16th day of
April, A. D. 1970.
Y
/s/ Karl E. Carson
Mayor
ATTEST:
Js/ 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: Councilmen,Carson,
Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted.
The following resolution was presented and read at length:
RESOLUTION 70-40
OF THE COUNCIL OF.THE CITY OF FORT COLLINS GIVING PUBLIC NOTICE CONCERNING A.PROPOSED ORDI-
NANCE 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, COLORAD05 1958, AS AMENDED, COMMONLY KNOW AS THE
ZONING ORDINANCE
WHEREAS, a written petition has been presented to the City Council requesting that
the zoning classification for the property more particularly described in the "Notice of
Public Hearingl� attached nereto be changed from R-L, Low Density Residential District, to
R-P, Planned Residential District; and
WHEREAS, the Planning and Zoning Board has made a study of said rezoning request
and has hald a hearing and made a report and recommendation thereon, all in accordance with
the provisions of Section 19-46 of the Code of Ordinances of the My of Fort Collins, Colorado,
1958, as amended; and
WIEREAS , the City Council desires to hold a public hearing on said rezoning request
as required by Section 19-46.1 (5) of the Code of Ordinances of the City of Fort Collins,
1958, as amended.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that
May 7, 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 ad
place for a public hearing on said rezoning request; and
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a notice
of said hearing as provided in section 19-46.1 (5) of the Code of Ordinances of the City of
Fort Collins, Colorado, 1958, as amended, in the form attached hereto.
177
April 16, 1970
Passed and adopted at a regular meeting of the City Council held this 16th day of
April, A. D. 1970.
/s/ Karl E. Carson
Mayor
ATTEST:
/s/ John Bartel
City Clerk
Motion was made by Councilman Lopez, seconded by Councilman Kruchten, tht this
resolution be adopted. Roll vas called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez, Kissock and Kruchten. Hayes: None., The Mayor declared the motion adopted.
The follodug resolution was presented and read at length:
5
RESOLUTION 70-41
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPONTING W. ED WIGHT AS A MEMBER OF THE LAND-
MARK PRESERVATION COMMISSION
WHEREAS, Betty Woodworth, who was formerly a member of the Landmark Preservation
Commission, has resigned as a member of such Commission; and
VIDWAS, the City Council desires to appoint W. Ed Wright a member of said Com-, '
mission to serve out the unexpired term of the,.said Betty Woodworth, and Ed Wright has indi-
cated he is willing to serve as a member of said Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that W.
Ed Wright be and he hereby is appointed as a member of the Landmark Preservation Commission to
fill out the unexpired term of Betty Woodworth on said Commission.
Passed and adopted at a regular meeting of -the City Council held this 16tFf day o£
April, A. D. 1970.
Y'
/s/ Karl E. C -rson
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: Councilmen Carson,
Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted.
The follwing resolution was presented and read at length:
RESOLUTION 70-42
OF THE COUNCIL OF THE CITY OF FORT COLLINS REAPPOINTING MRS. GEORGE HENRY TO THE LIBRARY
BOARD
idWMS, the term of Mrs. George Henry as a member of the Library Board will expire
on April 22, 1970; and
WHEREAS, the City Council desires to reappoint said Mrs. George Henry as a member
of such Board, and-sh has indicated that she is willing to accept such reappdntment.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Mrs.
George Henry be and she is hereby reappointed as a member of the Library Board, effective
April 22, 1970, for a term of'four years.
Passed and adopted at a regular meeting of the City Council held this 16th day of
April, -A. D. 1970. "
/s/ Karl E. Carson
Mayor
ATTEST:
/s/ John Bartel
City clerk
178
Motion was made by Councilman Troxell, seconded by Councilman Kruchten; that this
resolution be adopted. Roll was called resulting as follows: Ayes: Councilmah Carson,
17
s-
The following dedication deed vas presented and read at length:
DEDICATION DEED
MOW ALL WH BY THESE PRESENTS that the undersigned, being
the otmers thereof, hereby dedicate, quit claim and convey unto the
City of Fort Collins. Colorado,'a municipal corporation, a right of
wady and easenr_nt over and across the folloving described real property, -
situate in the County of Larin�:, State of Colorado, to -wit:
Beginning at the northwest corner of the northeast quarter of
Section 19, T7N, R68W of the 6th P.M., thence N88°59'40"E along the
north line of raid northeast quarter 1061.26 feet, thence SO1'00'20"E
30.00 feet to the true point of beginning; thence continuing S01°00'20"E`
134.53 feet, thence along a curve to the left of radius 500.00 feet,
the chord of which bears S05°29'20"E 78.17 feet, thence S09°58'20"E
227.96-feet, thence S74°36'40"W 100.46 feet, thence N09°58'20"W_ -
237.44 feet, thence along a curve to the right of radius 600.00 feet.-
th ch of which bears N05°29'20"W 93.80 feet thence NO1°00'20"W
e od
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134.53 feet, thence N8805914011E 100.00 feet to the true point of
beginning.
to be used for street purposes and for the installation, maintenance,
construction, and reconstruction of utility lines.
DATED at Fort Collins, Colorado, this 9Nay of
1970. -- .
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%d 1• ,. /! %yip 6� • /f/ ��
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State of Co1•6rado
ss.
County of La r:nar
The foregoing instrument was nc howledged before ne this
d
day of ��,:0 > 1970, by:
a
Pz ; 14oiary Public
..'
=My commission expires:
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�•.e.o .'NYC,•`` - ..- _ -
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Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that this +
dedication deed be approved. Roll was called resulting as follows: Ayes: Councilmen
Carson, Troxell, Lopez, Kissock and Kruchten. Nayes:::.. None. The Mayor declared the motion-
J
adopted.
The following communication was .presented and read at length:
April 16, 1970
TO: Tom Coffey, City Manager
THRU: Charles Liquin, Director of Public Works
FROM: Roy A. Bingman, City Engineer
RE; Bids for irrigation line.
Two bids were received for the construction of irrigation lines at the new golf
course.. The bids received exceeded the estimate of cost for the job and we therefore re
commend rejection of the bids. H. R. Phillips has reviewed the bids and concurs in the
recommendation.
In talking to the irrigation company this week, we were able to get a reduction.in
the size of the pipelines ad a relocation of one of the lines, which will result in the.
elimination of four ditches running through the middle of the course. We are proceeding
with plans for the installation o£.the lines prior to irrigation season.
Respectfully submitted, _
Roy A. Bingman
City Engineer
The City Manager stated. the bid estimate was $15,000.005 bids received were
$25,000,00, and agreed that this can be handled with change order.. He recommended that
all bids be rejected. Motion was made by Councilman Kruchten, seconded by Councilman
Kissock, that the recommendation of the City Manager be accepted and the bids be rejected.
Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock
and Kruchten. Nayesa None. The Mayer declared the motion adopted.
The following communication was presented and read at length:
TO: Honorable Mayor and Councilmen
THROUGH: Mr. Tom Coffey, City Manager. .
FROM: Mr. E. M. Kuppinger, Purchasing Agent
SUBJECT: 1000,00' 394.6 AAAC Canton & 5,000t 2/0 Triplex Sipho %L Cable
Bids have been received and eaaluated covering consideration for purchase of:,.1000500 .
ft. #6201 - O.H. Conductor & 5,000 ft. 2/0 Triplex Cable
Seven Invitations to bid were sent; two were returned.
A summary of the bids are as follows:
#6201 2/0 Triplex Total Bid
Essex Wire Corp $191.78/M' $ 310.00 M $ 20572 .00
Kaiser Aluminum 163.72/M' 296.00/M' 17,852.00
Mr. Bob Kost, Electrical Engineer has evaluated the bids and all specifications 4.v-1leen
met by the low bidder.
The recommenddbn is that Kaiser Aluminum be awarded the contract in the amount of,$17,852.00.
Respectfully submitted,
/s/ E. M. Kuppinger
Purchasing Agent
Motion was made by Kruchten, seconded by Councilman: Troxell, that the recommendation
of -the 'Purchasing Agent be accepted and the bid of Kaiser Aluminum be approved. Roll was
called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchera.
Nayes: None.. The Mayor declared the motion adopted.
The following communication was presented and read at length:
I
2 -
' T0: Honorable Mayor and Councilmen
THROUGH: Mr. Tom Coffey, City Manager
FROM: Mr. E. M. Kuppinger, Purchasing Agent
SUBMECT: western Red Cedar Poles
Bids have been received and evaluated covering consideration for purchase of: 125 Western
Red Cedar Poles
Seven Invitatims to Bid were sent; five were returned.
A summary of the bids are as follows:
Niedermeyer-Martin $ 73400.00
Joslyn Mfg. & Supply 7,453.75
R. H. lbelan 7,560.00
B. J. Carney 6,672.50**
Idaho Pole Company 7,607.50
Mr. Bob Kost, Senior Electrical Engineer, has evaluated the bids and all specifications
have been met by the low bidder.
The recommendation is that B. J. Carney Company be awarded the contract in the amount of
$6.672.5o.
Respectfully submitted,
/s/ E. M. Kuppinger
Purchasing Agent
Motion was made by Councilman Lppez, seconded by Councilman Carson, that the
` recommendation of the Purchasing Agent be accepted. Roll was called resulting as follows:
Ayes: Councilman Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The
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Mayor declared the motion adopted.
I The follwing communication was presented and read at length:
TO: Honorable Mayor and Councilmen
THROUGH: Mr. Tom Coffey, City Manager
FROM: Mr. E. M. Kuppinger, Purchasng Agent
SUBJECT: • 50 KVA Transformers
Bids have been received and evaluated covering consideration for purchase of:. 12 - 50
KVA Transformers: 6 - 60 KVA with outside type bugings, and 6 - 50 KVA with ESNA submersible
bushings.
A summary of the bids are as follows: A_' B
6-Outside a Bushings' •6-ESNA Sub Bushings
Ryall Electrical 29 •DD 3000.00
RTE Corporation 2976.00 2826.00
General Electric 32162.00 No Bid
Mr. Rbbert Kost, Senior Electrical @rigineer, has evaluated the bids and all specifications
have been met by the low bidder.
The recommendat`_' . is that Ryall Electric (A) and RTE Corporation (B) be awarded the contract
in the amount of $2964.00 & $2826.00.
Respectfully submitted,
E. M. Kuppinger
Purchasin Agent.
Motion was made by Councilman Lopez, seconded by Councilman Kissock, that the
recommendation of the Purchasing Agent be'aecepted. Roll was called resulting as follows:
Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor
declared the motion adopted.
l
The application of Kenneth W. Doty dba Campus Bowl Lounge, 830 North College
4 Avenue, for renewal of a Fermented Malt Beverage License to the City of Fort Collins and the
P' .
r
State of Colomdo, was presented.
The following report was presented and read at length:
t April 15, 1970
r;
TO: Mr. Tom Coffey, City Manager
FROM: Ralph M.-Smith, Chief of Police
SUBJECT: Application Renewal o£or Campus Bowl
Sir:
I have checked our records regarding the Campus ':Bowl and find that they have called us
on numerous occasions regarding disturbances, drunks, etc. This is a good sign as it
ng on the police to handle their problems, and are cooperating
indicates that they are relyi
by not allowing a violatiun of the law to take place in their establishment.
I have checked with'the Juvenile Bureau and they know of no cases regarding under age drink-
ing in this place of business.
y
I know of no reason why this application of renewal should not be granted. .
Respectfully submitted;
Ralph M. Smith '
Chief of Police
Motion was made by Councilman Kiseock, seconded by Councilman Troxell, that this
application be approved. Roll was called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez, KissoA and 'Kruchten. Nayes: None. The Mayor declared the motion adopted.
i Fermented
The application of Elmer Peil dba Green Onion, 162 Linden, for renewal of a
1
Malt Beverage License, to the City of Fort Collins and the State -of Colorado, was presented.
The following report was presented and read at length;
T0: Mr. Tom Coffey, City Manager
FRCM: Ralph.M. Smith, Chief of Police
SUBJECT: Application Renewal for Green Onion
Sir:
1. I have checked our records regarding the above -named establishment and find that they have
called three times since the first of the year regarding false identificatinns, ljA
uor law
violations, etc. It is the consensus of 'my officers that their employees are attempting
to handle the disturbances within this establishment and are not calling us as the law
requires.
I believe that due to the large volume of business that is done by this establishment, that
an alarm system would be most beneficial both to them and the police departmnt. I believe
also that their employees should be made award of the need to call us: whenever trouble
breaks out, and that they should not attempt to handle disturbances on their own.
I believe that when these requirements are met, that this license should be renewed.
Respectfully submitted,
/s/ Ralph M. Smith
Chief of Police
Motion was made by Councilman Kissock, seconded by'Councilman Kruchten, that this
application be tabled for one week. Roll was called resulting as follows: Ayes: Council-
men Carson, Troxell, Lopez, Kissock_and Kruchten. Nayes: None. The Mayor declared the
motion adopted.
The application of Paul Haumont dba Sirs, Ltd. Sir's Steak &.Stein, 1220
Collins
West Elizabeth; to the City of 'Fort./ . and the State of Colorado, for renewal of a Fermented
183-
The following report was presented and read at length:
TO: Mr. Tin Coff ey, City Manager
FROM: Ralph M. Smith, Chief of Police
SUBJECT: -Application Reneual for Sirs, Ltd. - Sires Steak and Stein
Sir: j
I have checked the records and found that we have not been called to the above
regarding any disturbances or any liquor violations since they opened.
I'have checked with the Juvenile Bureau regarding this place of business, and they have
advised me that they have not received _any information regarding juvenile violations.
I know of no reason why this application for renewal should not be approved.
Respectfully submitted.,
/s/ Ralph M. Smith
Chief of Police
Motion was made by Councilman Lopez, seconded by Councilman Kissock, that this
application be approved. Roll 'as called resulting as follows: Ayes: Councilmen.Carson.?
Troxell, Lopez, Kissock and Kruchten. Nayes: None: The Mayor declared the motion adopted.
renewal'of
The appliction of Paul Haumont dba Guiseppe's, 354 "t Street, for/a Fermented'
Malt Beverage License, to the City of Fort Collins and the Sate of Colorado, was presented.
i The followingY report was presented and read at length:
April 15, 1970
TO: Mr. Tom Coffey, City Manager
FROM: Ralph M. Smith, Chief of Police
SUBJET: Application Renewal for Giuseppes
` Sir:
I have checked our records for the above -named establishment; and find that we have had
several calls, primarily regarding false identifications. The management of Giuseppes is
most cooperative in calling us on not only False identifrations, but picking them so that
they cannot be used again.
I have checked with the Juvenile Bureau and they know of no violations of under age drinking
at this establishment. ,
I know of no reason why this application for renewal should not be granted.
Respectfully submitted,
Ralph M. Smith
Chief of Police
Motion was made by Councilmen Kruchten, seconded by Councilman Kissock, that this
appliaation be approved. Roll was called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declaredthe.motion adopted.
A petition by Maurice L. Deines of Deines Homes, Inc, to rezone approximately 15
acres in the Edora Acres Second Filing, from R-L to RLM zone, was presented. Motion was
made by Councilman Kissock, seconded by Councilman Kruchten, that this_ be referred to( the
Planning and Zoning Board for their recommendation. , Roll was.called resulting"as follows:
Ayes:.. Councilmen Carson, Troxell, Lopez, Kissock and Kruchten.
declared the motion adopted.
Nayes: None.
184
April 16, 1971.
e
A. Thomas o£ Faith Realty and Development Co., to rezone
A petition by William
2.76 acres from R-L to RIM zone, Thunderbird Estates Fifth Filing, was presented. Motion
was made by Councilman Kissock, seconded by Councilman Troxell, that this petition be
oning Poard for their recommendation Roll was called
referred to the Planning and Z
resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchte1
Nayes: None. The Mayor declared the motion adopted.
ition-.by Harvey M. Cohen, Ernest E. Foreman and Edward P. Snyder to rezone
A pet
50 acres from CSU zone to R-H zone, vas presented. Motionr.was made by Councilman Kis"sock,
teg that the .petition be referrecto the Planning and Zoning
seconded by Counlcilman Kruch
Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen
Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion
adopted.
'The Council convened to reconvene as a Liquor Licensing Authority, to consider the'
application for enlargement by William Goff dba Bills Aggie Liquors; 429 Canyon Avenue.
Mayor Carson asked if this was a major or minor enlargement and was advised that
it was a major project. According to rules and regulations, Mr. Goff cannot expand without
ter discussion, motion was made by Councilman Kissock,t.
approval of the City and State. Af
ng date for this enlargement be set for May 21,
seconded by Councilman Lopez, that the heari
1970• Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez,
s: None.' The Mayor declared the motion adpted.
Kisscok and Kruchten: Naye
The Council convened as a Liquor Licensing Authority, and the Mayor stated that
the Council reconvened as a Council. _
Mr. John Miller, reporter for Radio station KZIX, appeared and asked for a report
on the progress they had made with the Mexican -Americans and if.any charges.had been
bought against Sergeant Rains. The Mayor informed,him that nothing has been decided as yet
but think we are making progress.
The following resolution was apresented and'read at length:
RESOLUTION 70-43
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING RULES FOR THE FORT COLLINS MUNICIRAL
COURT
WHEREAS, Section 1 of Article XIV of theCharter of the City of Fort Collins Colorado
provides that rules, procedures, costs and fees for the Municipal Court fo the City of Fort
Collins shall be anacted by the Council upon recommendation of the Municipal Judge; and
WHEREAS, the Supreme+Court of the.State of Colorado has promulgated rules of pro-
cedure for municipal courts in the State of Colorado; and
WHEREAS , the Judges of the Municipal Court of the City of Fort Collins have recom-
mended the adopteion of the rules of procedure promulagted by the Colorado Supreme Court;
and
WHEREAS, the Judges of .the Municipal Court of'the City of Fort Collins have further
recommended the adoption of local rules, of procedure;: which rules of procedure provide, for
the assessment of costs and fees in certain instances.
ATTEST:
/s/ John Bartel
CityClerk
NOW THB UORB, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLDNS:
}' Section 1. That the rules of procedure promulgated by the Colorado Supreme Court
for municipal courts be and they hereby are adopted and the same shall be applicaUe in the
Municipal Court of the City of Fort Collins.
Section 2. That the local rules :.promulgated by the Municipal Court of the City
of Fort Collins, including the fees and cos -us provided for therein, are hereby approved and
the sare shall be applicable in the Municipal Court of the City of Fort Collins. '
Passed and'adopted at a regular meeting of the City Council held this 16th day of
April, A. D. 1970.
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Notion was made by Councilman Kruchten, seconded by Councilman Lopez, 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.
a The Council recessed at 4:00 P.M. to leave and inspect the property of the Columbipe
i'
u -
Nursing Home.
The Council reconvened at 4.24 P.M. Motion was made by Councilman Troxell, seconded
by Councilman Lopez, that the rezoning not be reconsidered. Roll was called resulting as
follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None.
The Mayor declared lthe motion adopted.
Motion was made by Councilman Kruchten, seconded'by Councilu n Troxell, that the
Council adjourn. Roll was called resulting as follows: Ayes: ' Councilmen Carson, Troxell,
Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted and the
Council adjourned.
ATTEST:
City Cler
/s/ Karl E. Carson
Mayor