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HomeMy WebLinkAboutMINUTES-08/24/1972-Regularj21 August 24, 1972_ - MINUTES OF MEETING August 24, 1972 The City Council of the City of Fort Collins met in regular session at 1:30 P.M. in the Council Chamber of the Municipal Building on Thursday, August 24, 1972. Present: Councilmen Carson, Lopez, Preble, Peterson and Fead Also: Michael DiTullio, Acting City Manager Arthur March, Sr., City Attorney Charles Liquin, Director of Public Works Donald Reynolds, Director of Planning Charlie Cain, Director of Finance Verna Lewis, City Clerk Absent: None Mayor Carson Presided DISPENSING OF MINUTES Motion by Councilman Lopez to dispense with the reading of the minutes of August 17, 1972, seconded by Councilman Preble and adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead Nayes: None PRESENTATION OF AAA PEDESTRIAN SAFETY SPECIAL CITATION FOR 1971 --Presentation made by Assistant Police Chief Dan Eychner who explained the award was given the city for no pedestrian fatalities in 1971. He further stated this program was started in 195S and the city had received an award every, year since then with the exception of 1964 and 1968. Award was received and acknowledged by Mayor Carson. AGENDA ITEM 3 A FERMENTED MALT BEVERAGE RENEWAL PINE TAVERN, 224 PINE STREET Report: On August 1S, 1972, application was made by Mr. Vernie Valdez for renewal of his 3.2 o Fermented Malt Beverage License, This officer did not receive said application for review until August 22, 1972. Due to the lack of time needed to properly investigate this matter, this officer is re- questing an extension. With your approval, this officer will report the results of his investigation in time for hearing on September 7, 1972. /s/ Jerrold J. Haals, Detective Motion by Councilman Peterson to accept the recommendation of the Detective Bureau and table the renewal request to September 7, 1972 to allow time for investigation, seconded by Councilman Preble and adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead Nayes: None AGENDA ITEM 3 B FINDINGS - ROUND THE CORNERRESTAURANT:. 1221 WEST ELIZABETH 0 - RESOLUTION 90-72 h RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS "A" LICENSE FOR THE SALE OF 3.2 FERMENTED MALT BEVERAGES 123 August 24, 1972 Tile Application of Round the Corner Restaurant, Inc. of Colorado, doing business as Round the Corner Restaurant, for a Class "A" license for the sale of 3.2 fermented malt beverages at 1221 West Elizabeth Street, Fort Collins, Colorado, came on for hearing before the City Council on Thursday, AUgust 17, 1972, and the City Council, having heard the testimony produced and received the evidence offered at said hearing, and having considered and weighed the same now makes the following findings: 1. The application is for a 3.2 fermented malt beverage license for consumption on the premises in connection with the operation of a restaurant. 2. The applicant presented letters of recommendation with the appli- cation and,,at the hearing, presented Petitions supporting the application. No one appeared in opposition to ;.he granting of the license, and no petitions were presented opposing the granting of the license. 3. The evidence produced at the hearing shows that the neighborhood needs the license applied for and the desires of the inhabitants of the neighborhood do not oppose the issuance of the license. RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS "A" LICENSE FOR THE SALE OF 3.2 FEMENTED t,MT BEVERAGES WHEREAS, the Council of the City of Fort Collins has heard the appli- cation of Round the Corner Restaurants, Inc. of Colorado, doing business as Round the Corner Restaurant,for a Class "A" license for the sale of 3.2 fermented malt beverages; and WHEREAS, the City Council has made its findings upon the evidence produced at the hearing. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Application of Round the Corner Restaurants, Inc. for a Class "A" license for the sale of 3.2 fermented malt beverages at 1221 West Elizabeth Street, Fort Collins, Colorado be, and the same hereby is granted, in accordance with the findings of the City Council herein; provided, however, that the license shall not issue until the construction of the premises is completed 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. Passed and adopted at a regular meeting of the City Council held this 24th day of August, A.D. 1972. t PAL. (, <Cl�tt -L•2 <,/� mayor ATTEST: August 24, 1972 Motion to adopt the resolution and findings by Councilman Lopez, seconded by Council- man Fead and adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead Nayes: None AGENDA ITEM 4 A FINAL HEARING H $ M LIQUORS' 315 RIVERSIDE AVENUE Attoney Jack Vahrenwald appeared representing the applicant and request a post- ponement to September 7, 1972 due to problems encountered with the take-over of the premises. Attorney William Dressell representing the opposition to the application agreed with the request. Motion by Councilman Fead to postpone the final hearing to September 7, 1972, seconded by Councilman Peterson and adopted. Ayes: Carson, Lopez, Preble, Peterson and Fead Nayes: None AGENDA ITEM S A ORDINANCE NO. 32, 1972 _ BEING AN ORDINANCE PROHIBITING THE PARKING OF A MOTOR VEHICLE IN A DRIVEWAY OR ON PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OWNER OR PERSON IN POSSESSION THEREOF, AND AMENDING ARTICLE XII OF CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO 19S8, as AMENDED. Motion to approve Ordinance 32, 1972 on second reading made by Councilman Lopez, seconded by Councilman Fead and adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead Nayes: None AGENDA ITEM 5 B ORDINANCE NO. 53, 1972 BEING AN ORDINANCE ESTABLISHING THE SALARY FOR THE ACTING CITY MANAGER Motion by Councilman Preble to adopt Ordinance No. 53, 1972 on second reading seconded by Councilman Fead and adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead Nayes: None AGENDA ITEM 5 C ORDINANCE NO. 54, 1972 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion by Councilman Peterson to adopt Ordinance No. 54, 1972, on second reading, seconded by Councilman Lopez and adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead Nayes: None AGENDA ITEM 6 A August 24, 1972 ORDINANCE NO. S7, 1972, BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE GREENWALT NINTH ANNEXA- TION TO THE CITY OF FORT COLLINS. COLORADO Motion by Councilman Fead to approve Ordinance 57, 1972 on first reading, seconded by Councilman Peterson and adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead Nayes: None AGENDA ITEM 6 B ORDINANCE NO. 58, 1972 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS. COLORADO Considerable discussion of a proposed shopping center for North College Avenue near Willox Lane was held on the above ordinance. Director of Planning, Donald Reynolds recommended the center be reduced from 25 acres requested by the developer to about eight to 10 acres. Representatives of Lyle Carpenter argued the market is larger than that expressed by Mr. Reynolds. Motion by Councilman Lopez to approve Ordinance 58, 1972 on first reading, seconded by Councilman Peterson and adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead Nayes: None Resolution on the zoning and notice of hearing was next discussed by the Council. The requested zone is for 25 acres to be zoned for a shopping center, the remainder to be limited industrial, multiple family residential and a school -park site. Motion by Councilman Preble to refer the matter back to the Planning and Zoning Board for more study, seconded by Councilman Peterson and adopted. Ayes: Councilmen Carson, Preble, Peterson and Fead Nayes: Councilman Lopez AGENDA ITEM 6 C ORDINANCE NO. S9, 1972 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Speaking in opposition to the Annexation were Mr. and Mrs. James L. Fraizier and Attorney Ray Greer representing the Fraizer's and other interested adjacent property owners. A multiple -family apartment complex is planned for the site with some of the units being for low-income families. Motion by Councilman Preble to adopt Ordinance 59, 1972 on first reading, seconded by Councilman Peterson and adopted. Ayes: Councilmen, Carson, Lopez, Preble, Peterson and Fead Nayes: None RESOLUTION 91-72 RESOLUTION 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 CERTAIN PROPERTY BEING ANNEXED TO THE CITY OF FORT COLLINS August 24, 1972 WHEREAS, heretofore the City Council of the City of Fort Collins initiated annexation procedures for certain property known as the Hanna Second Annexation to the City of Fort Collins more particularly described in the "Notice of Public Hearing" attached hereto, and WHEREAS, the owners of said property have petitioned that said property be included partly in the R-M-P, D:edium Density Planned Residential Dis- trict and partly in the R-P, Planned Residential District under the Zoning Ordinances of the City of Fort Collins, Colorado; 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 thereon, 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 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 November 2 , 1972 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 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 attached hereto. Passed and adopted at a regular meeting of the City Council held this 24th day of August, 1972. Mayor ATTEST: City Clerk Motion by Councilman Lopez to adopt the resolution setting Noyember 2, 1972 for hearing on the zoning, seconded by Councilman Preble and adopted, Ayes:. Councilmen Carson, Lopez, Preble Peterson and Fead Nayes: None AGENDA ITEM 6 D ORDINANCE NO. 60, 1972 BEING AN ORDINANCE AMENDING SECTION 21-51 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, SETTING FORTH THE SCHEDULE OF RATES TO BE CHARGED FOR ELECTRICAL SERVICE FROM THE CITY OF 'FORT COLLINS;.DEPARTMENT OF MUNICIPAL PUBLIC UTILITIES Motion by Councilman Lopez to adopt Ordinance No, 60, 1972 on first Teading, seconded by Councilman Preble and adopted Ayes; Councilmen Carson, Lopez, Preble, Peterson and Fead IINayes: None 1,y 2 August 24, 1972 RESOLUTION 92-72 RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING ED R. MARTIN, FRANCIS N. JORDAN and HELEN CLARKE AS MEMBERS OF THE CITY OF FORT COLLINS COORDINATING COMMISSION FOR SENIOR CITIZENS WHEREAS, three (3) vacancies exist on the City of Fort Collins Coordinating Commission for Senior Citizens; and WHEREAS, the City Council desires to appoint Ed R. Martin, Francis N. Jordan and Helen Clarke to fill such vacancies and they have indicated they are willing to accept such appointments. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Ed R. Martin, Francis N. Jordan and Helen Clarke be, and they hereby are, appointed as members of the City of Fort Collins Coordinating Commission for Senior Citizens, the term of Ed R. Martin on such Commission to end on April 4, 1973, the term of Francis N. Jordan to end on October 8, 1974, and the term of Helen Clarke to end on April 4, 1975. Passed and adopted at a regular meeting of the City Council held this 24th day of August, A.D. 1972. Mayor ATTEST: l� City Clerk Motion by Councilman Peterson to adopt the resolution, seconded by Councilman Preble and adopted. Ayes: Councilmen, Carson, Lopez, Preble, Peterson and Fead Nayes: None AGENDA ITEM 8 A RTDS - 53 DISTRIBUTION TRANSFORMERS OF VARIOUS KVA RATINGS FOR LIGHT $ POWER DEPARTMENT Lids have been received and evaluated covering consideration for purchase of: 53 Distribution Transformers of Various KVA Ratings. Hr. Tim M. Sagen, Electrical Engineer has evaluated the bids. A copy of his letter of recommendation is attached. Based upon fir. Tim Sagen's letter, the recommendation is that the contract be awarded to RTE c/o Lewis Associates for all items in the amount of $14,535.00. /g/ Ed Kuppin$e7c, purchasing Agent August 24, 1972 Motion by Councilman Lopez to accept the report of the Purchasing Agent and award the bid as recommended, seconded by Councilman Fead and adopted. Ayes: Councilmen Carson. Lopez, Preble, Peterson and Fead Nayes: None AGENDA ITEM 8 B CONSIDER PLAT OF THE WARREN SHORES FIRST FILING SUBIDVISION AND UNIT DEVELOPMENT PLAN Motion by Councilman Lopez to approve the Plat of Warren Shores First Filing sub- division and Unit Development Plan, seconded by Councilman Fead and adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead Nayes: None AGENDA ITEM 9 COMMENTS OR QUESTIONS BY THE GENERAL PUBLIC, IF ANY AGENDA ITEM 10 COMMUNICATION ;1e, the undersigned, do hereby recuest that the owner of �.e land described below request of the city poiice that said land be for- bidden for use by motorcycles, motorbike, mini-bile:es, and any other similar vehicles. Such activity is not only a danfrer to adults end children in the area, but is most assuredly an example of "noise pollution".'The land in nuestion is behind the one -family lanes on Tulane Dr. and Swallow Rd and is south of a large number of apartments in the area of Leisure Dr. and StanH6rd Rd. I,[9Y21 IiiUGTiFPi14835 k `' i i iiili; I i Pi h,: 35 Dcl Al f' , August_24.,_19.7.2 -------------- - The foregoing inquiry referred to the City Attorney for further study. COMMUNICATION City Council of Fort Collins, Colo 300 La Porte Ave. Sirs: King Soopers Inc. 2325 South College Ave. Fort Collins, Colo. 80521 August 19, 1972 I would like to request that the hole on our parking lot by McDonalds be filled (it has been open for months). This hole was opened, to provide utilities for the New Mountain States Saving Building, I presume by a permit issued by the City of Fort Collins. I have talked with your inspection department and your acting City Manager about this months ago, and have not heard from either. Could you please let me know something about this. Yours truly, Ae Clifford Miller Manager The City Manager advised the Council this matter had been taken care of. AGENDA ITEM 11 REPORTS OF THE CITY ATTORNEY (none) AGENDA ITEM 12 REPORTS OF THE CITY MANAGER The City Manager gave oral reports on the following: 1. Meeting with contractors' on RLP zone (proposed) 2. C $ S Railroad crossing 3. Availability of HUD funds 4. Bonding procedure deadline abatement S. Problem with availability of river water at Water Treatment Plant H I AGENDA ITEM 13 ONS OR COMMENTS BY MEMBERS OF THE CITY COUNCIL T -3 August 24, 1972 Councilman William Lopez gave an oral report of the "Night Watch" citizen meeting of the previous Wednesday on the following: 1. Fulltime City Attorney 2. Liquor Licensing 3. Noise Pollution 4. Sign Code 5. North College Development 6. Low Cost Housing 7. Extension of Cherry Street S. Foothills area - Greenbelt 9. Buckingham and Martinez Park development 10. Mini Bus 11., Golf Course and Airport finances 12. Longrange Plan for College Avenue 13. Snow Removal 14. General survey of city utilities 15. Skunks AGENDA ITEM 14 An ttL I R NMFNT Motion by Councilman Lopez to adjourn, seconded by Councilman Peterson and adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead Nayes: None Mayor ATTEST: City Clerk 0