Loading...
HomeMy WebLinkAboutMINUTES-09/21/1972-Regular$eptember_2.1.,_1.9.72 MINUTES OF MEETING September 21, 1972 The City Council of the City of Fort Collins met in regular session at 7:30 P.M. in the Council Chambers of the Municipal Building on Thursday, March 21, 1972. Present: Councilmen Carson, Lopez, Preble, Peterson and Fead. Also present: Michael DiTullio, Acting City Manager Assistant City Attorney, Arthur March, Jr. Roy Bingman, City Engineer Charlie Cain, Director of Finance Don Reynolds, Director of Planning Verna Lewis, City Clerk Mayor Carson presided. DISPENSING OF MINUTES Motion was made by Councilman Lopez, seconded by Councilman Preble, that the minutes of the last regular meeting held September 7, 1972, be dispensed with, and adopted. Ayes: Councilmen Carson Lopez, Preble, Peterson and Fead. Nayes: None. AC-ENDA ITEM 2A FINDINGS ON H & M LIQUORS, 315 RIVERSIDE AVENUE Mr . Jack Vahrenwald, Attorney, stated that a problem had arisen regarding possession of.the premises and requested a delay of two weeks. Motion was made by Councilman Fead, seconded by Councilman Preble, that this request be granted and adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. Assistant City Attorney Arthur March, Jr, asked that any'requirements that might be in the rules that findings on licenses have to be within 30 days be waived. Mr. Vahrenwald agreed to this. AGENDA ITEM 3A ORDINANCE NO. 57, 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 ANNEXATION TO THE CITY OF FORT COLLINS COLORADO Motion was made by Councilman Lopez, seconded by Councilman Fead, that Ordinance No. 57, 1972, be adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. The motion carried. AGENDA ITEM 3B PINE TREE PARK ANNEXATION ORDINANCE NO. 58, 1972 Lyle Carpenter, petitioner, requested that this annexation be held up until the zoning could catch up. Assistant City Attorney March advised the Council that he had drawn up the resolution and notice of hearing on the zoning. Mayor Carson suggested that the Council delay acting on the annexation and act on the report of the Planning and Zoning Board onthe zoning. Motion was made by Councilman Fead, seconded by Councilman Peterson, that the report be received and refer to the City Attorney for resolution and notice of hearing , and adopted. Ayes: Councilmen Carson, Lopez, Preble,Peterson. and Fead. Nayes: None. RESOLUTION 72-94 116; iu September 21, 1972 OF THl' COUNCIL OF THE CITY OF FORT COLLINS GIVING NOTICE CONCERNLNG A PROPOSE:) ORDINANCE AMENDING CHAPi'LR 19 OF THE CODE. OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KN06N AS THE ZONING ORDINANCE, IN ORDER TO CLASSIFY FOR ZONING PURPOSES CERTAIN PROPERTY BEING ANNEXED TO THIi CITY OF FORT COLLINS WHEREAS, heretofore the City Council of the City of Fort Collins initiated annexation procedures for certain property known as the Pine Tree Park Annexation to the City of Fort Collins more particularly described in the "Notice of Public Hearing" attached hereto, and 1411EREASI the owners of said property have petitioned that said property be included partly in the H-B, Highway Business District, partly in the I-L, Limited Industrial District 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 October 12, 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 1.9-46 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 21st day of September, A.D. 1972. Karl E- Carson ATTEST: /s/ Verna Lewis City Clerk -. Motion was made by Councilman Lopez, seconded by Councilman Preble, that this resolution be adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. Motion was made by Coucilman Preble, seconded by Councilman Fead, to table Ordirgnce No. 58, 1972, until October 12, 1972, and adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None �k e 1-47 ,�l AGENDA ITEM 3C - HANNA SECOND ANNEXATION ORDINANCE NO. 59, 1972 Ray Greer, was present, stating he represented the people objecting to this annexation, and that there was a letter to Charles Rhoades requesting that this annexation be withdrawn Councilman Lopez expressed that this should be annexed, if not, will leave a small island. Mayor Carson asked that Mr. Greer get in touch with Mr. Rhoades and try to come to a com- promise. The Assistant City Attorney asked that this be tabled until negotiations can be clarified. Motion was made by Councilman Preble, seconded by Councilman Lopez, that Ordinance No. 59, 1972, be tabled to September 28, 1972 and adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. ENDA ITEM 3D ORDINANCE NO. 60, 1972 BEING AN ORDINANCE AMENDING SECTION 21-51 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, 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 was made by Councilman Preble, seconded by Councilman Fead, that Ordinance No. 60, 1972, be adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. The certification of the above matter was read at length. This will be recorded in the Central files. Motion was made by Councilman Lopez, seconded by Councilman Preble, that this be adopted. Ayes: Councilmen Carson" Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 3E ORDINANCE NO. 61, 1972 BEING AN ORDINANCE RELATING TO THE CREATION AND ORGANIZATION OF STREET IMPROVEMENT DISTRICT NO. 66, PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN, AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COSTS OF CONSTRUCTION THEREOF Motion was made Councilman Peterson, seconded by Councilman Fead, that Ordinance No. 61, 1972, be adopted. - Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. Assistant City Attorney Arthur March, Jr. advised the Council that it would be wise to approve the bids in accordance with the specifications and plans of Improvement District No. 66. AGENDA ITEM 4A ORDINANCE NO. 62, 1972 BEING AN ORDINANCE ASSESSING THE COST OF IMPROVEMENTS IN CONSOLIDATED STREET PAVING AND STREET LIGHTING DISTRICT NO. 64 AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF Motion was made by Councilman Peterson, seconded by Councilman Fead, that Ordinance No. 62, 1972, be considered favorably on first reading and to be presented on second reading the 12th day of October, 1972. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM SA RESOLUTION: 72-95 OF THE COUNCIL OF TI-113 CITY OF FORT COLLINS, APPROVING RULES AND REGULATIONS ADOPTED BY THE BUILDING AND CON- TRACTORS LICENSING BOARD *EREAS, the Building and Contractors Licensing Board has adopted certain rules and regulations to govern applications for contractors licenses under the Ordinances of the City of Fort Collins, e: and S e pte mb e � 21-, _19.7 2 WHEREAS, the City Council has reviewed such rules and regulations and desires to approve the same. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the rules and regulagions adopted by the Building and Contractors Licensing Board and presented to the City Council, be and the same hereby are approved. Passed and adopted at a regular meeting of the City Council held this 'L% -day of ATTEST: /s/ Verna Lewis City Clerk 1972. /s/ KarlE. Carson Mayor Motion was made by Councilman Lopez, seconded by Councilman Preble that this resolution be approved. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. ADDED ITEM ORDINANCE NO. 63, 1972 BEING AN ORDINANCE AMENDING SECTION 1-15 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO THE SALARY TO BE PAID THE CITY MANAGER. Motion was made by Councilman Peterson, seconded by Councilman Preble, that Ordinance No. 63, 1972, be considered favorably on first reading, and presented for final reading the 12th day of October, 1972. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None.. The motion carried. AGENDA ITEM 6A PINE TREE PARK ANNEXATION ZONING Considered and acted on under Agenda Item 3B. AGENDA"ITEM 6B Report: Planning 4 Zoning Board Consider the Village Square. Annexation petition involving approximately 241.786 acres with RP, zoning (35.99 acres), BL zoning(8.84)acres, and RLP zoning (196.95 acres). Location: South of Drake Road, north of Swallow Road, west of Shields Street and 1/4 mile east of Taft Hill -Road. Petitioners: Several Recommendation: The Planning and zoning Board considered this item at its September 11, 1972 meeting and recommends approval of the following: the 22.8 acres of RP, planned residential requested at the southwest corner of Drake and Shields; amended the 8.8 acres of BL, limited business, requested to BP, Planned business zoning; amended the RP, Planned residential, request- ed west of the high school to RLP, low density planned residential; and approved RLP, low density planned residential zoning for the remainder of the property. Ted Schmidt, Attorney representing Clifford Wetzler, who ownes land in the proposed zoning, stated that this went through the Planning and Zoning Board and there was no petition for annexation that had been filed and according to the statutes, the Council cannot take any action. Assistant City Attorney March stated there was a petition for annexation and acted upon by the Planning and Zoning Board, that this came in on a rezoning petition and acted on by the Board orally. a Don Reynolds stated that the pe-t.itLon that the Planning office/was under the Twin Spruce Annexation and covers most of that property, but it was the wrong one as it was a rezoning. Motion was made by Councilman Fead, seconded by Councilman Lopez, that this matter be / 14 1t' .-----,September 21,1972___ _ delayed until it can be resolved. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. Motion was made by Councilman Lopez, seconded by Councilman Fead, that this petition be rejected. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 7A REQUEST FROM BELLA CASA, REGARDING PARK LAND FEE Tabled from September 7, 1972. Motion was made by Councilman Lopez, seconded by Councilman Fead, that this be removed from the table. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. Mayor Carson opened this matter for discussion by the Council. Councilman Preble said that the drainage and irrigation would be dangerous. Councilman Lopez agreed that the ditch that runs through the property is sloping. Councilman Fead, said that because of the topography, the City cannot affort such expenditure in view of other better developments. Mayor Carson stated that it was impractical for the City to maintain this. Councilman Lopez wished them godspeed in their endeavors to develop low income property. Motion was made by Councilman Preble, that the Council not accept park land/in lieu of Park Fee: seconded by Councilman Peterson and adopted. . . this area Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 7B ONE HOUR PARKING ON WALNUT STREET Tabled from September 7, 1972 Motion was made by Councilman Lopez, seconded by Councilman Fead, that this be removed from the table. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. FROM: Joe A. Rice, Traffic Engineer RE: 100 and 200 Blocks Linden Street and 200 Block Walnut Street Parking Survey As per your request of August 3, 1972, the following is the result of a study of the parking in the 100 and 200 blocks of Linden Street. During the time of August 4th through August 14th, I personally made contact with all but 3 of the merchants in the subject mentioned area. The 3 that were not contacted were T.J.'s Bar, The Golden Ram and the Linden Hotel. These businesses were either not open at the time or the managers were unavailable, however, in the total count their spaces were counted as .Two flour parking preferences. In contacting these merchants, I posed the question of, "What is the desirable limitation of parking duration that would best serve their business." In tabulating the results I took into consideration the number of spaces in front of each business. Of the 8 merchants in the 100 block, 5 merchants with 14 spaces were for the One Hour restriction and 3 with 8 spaces were for Two Hour. Of the 17 merchants in the 200 block, 11 merchants with 35 spaces were for the One Hour restriction and 6 with 10 spaces were for Two Hour. In totaling both blocks there are 16 merchants with 49 parking spaces in front of their stores that prefer One Hour parking, while only 9 merchants with 18 spaces preferred the restriction to remain Two Hour. 51© September 21, 1972 There were a varied number of complaints from both sides in that those who preferred the One Hour restriction complained of cars being parked in front of their stores all day through the process of the owners moving the car to hide the chalk marks placed there by the parking patrols. Those that preferred the Two Hour parking admitted that due to the lack of off- street parking they would move their cars every two hours to try to keep from receiving parking tickets. I have examined the parking in the 200 block of Walnut Street and found that the south side of the streets is seldom occupied. There are no businesses fronting onto this portion of the street, and inquiring around the immediate area found that if the Two Hour restriction were lifted to the point of no restriction, this would give some space for employee parking, thereby reducing the congestion on Linden. I recommend that the parking restriction in the 100 and 200 blocks on Linden be reduced to a One Hour parking restriction and further that the Two Hour restriction on the south side of Walnut, between Linden and the Mountain -Chestnut interesection, be removed. Respectfully submi ted, i Toe -A: Rice i / Traffic P.n--'.Weer Motion was made by Councilman Peterson, to accept the recommendation of the T:a£fic Engineer and instruct the Administration to implement same. Ayes: Councilmen Carson, Lopez, Prebl6, Peterson and Fead. Nayes: None. AGENDA ITEM 7C BIDS FOR EXPANSION OF SERVICE CENTER Virgil Magerfleisch, Architect, gave an oral report on the cost of general work, plumbing, heating $ air conditioning and electrical work for both buildings, stating that the bid of Lobar, Inc, for $193,200.00, was recommended. This is for the Service Center addition and equipment building. He said he did not anticipate any changes, and if so they will not be more than S%, and if everything went accordingly to schedule, that it would be completed in 120 days. Motion was made by Councilman Lopez, seconded by Councilman Peterson, to approve the bid of Lobar, Inc.,. as recommended. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 7 D ELDORADO SPRINGS SECOND SUBDIVISION Don Reynolds, Planning Director, explained this subdivision, that conventional houses would be constructed with green areas planned, that the utilities had been approved. Motion was made by Councilman Fead, seconded by Councilman Peterson, that this subdivision be approved. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 7E RIVERSIDE SUBDIVISION - Second Fil Motion was made by Councilman Peterson, seconded by Councilman Preble, that this subdivision be approved. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 7F - Deleted. AGENDA ITEM 7G REQUEST FROM ZONING BOARD OF APPEALS Communication: 2 151 September 21, 1972 Dear Mrs. Preble and Gentlemen: At the regular meeting of the Zoning Board of Appeals held September 12, 1972, the Board adopted a recommendation to formally forward to the Council their thoughts and concerns as to whether sign ordinance variances should be considered by the Zoning Board of Appeals or whether perhaps a separate Board of Appeals could be established to hear such appeals. Much interest was generated at the time the Sign Code was adopted and much citizen involvement was evidenced. It is the Board's feeling that this interest still exists and that willing persons to serve on such a Board would not be difficult to find. The Zoning Board of Appeals recognizes the Sign Code is difficult to administer and can become emotional. Therefore, we feel justice can be better done if a separate committee could be formed who could devote time and expertise to this specific area; and hereby requests Council's consideratim to appointing a Sign Code Variance Board. Respectfully yours, /s/ G. Henry Hauser Henry G. Hauser, Chairman Zoning Board of Appeals After discussion, motion was made by Councilman Lopez, seconded by Councilman Fead, that this report be received and referred to the Administration for decision. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. ADDED ITEM Communication: Gentlemen and Kadam: The undersigned are the owners of the property at the intersection of McHugh Street and East Elizabeth Street in the City. This street has recently been improved with curb,, gutter, sidewalk and paving, and the adjoining property either his been or is about to be assessed for the cost of such improvements. In connection with this property, it appears that there is a tract of land between the City's right of way and our property which is in city ownership, but not needed by the City for street or other purposes. We would, therefore, request that this intervening tract be vacated which would result in its becoming a part of our lands. In consideration of this vacation, we would be will- ing to assume all assessments against this tract. Sincerely yours, LgL., .. ��• y�� an A. Peve Motion was made by Councilman Fead, seconded by Councilman Peterson, that this be referred to the City Attorney to prepare the necessary ordinance. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nuyes: None Mike DiTullio, Acting City Manager, stated that an additional survey will be necessary if any work is to be completed on Joe Wright reservoir expansion by 1973. He said the total cost should not exceed $18,000, that McCall-Ellingston Engineering Company would do the water rate study and gave a breakdown of the survey costs. $3,000 for a land survey,;,$5,000 for air photos; $4,700 for burrow explorations and $5,300 for a geological survey. j 15121, September 21, 1972 Mr. DiTullio said the Forest Service has given authorization to build a road and dig holes for the survey, that a contract to do the feasibility study on the reservoir expansion had been awarded to the Denver engineering firm of Woodward Clevenger and Asso.and results of the study are expected to be completed in nine months or a year. Motion was made by Councilman Fead, to authorize the administration to move as quickly as possible on this matter. Seconded by Councilman Lopez. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. Mike DiTullio, Acting City Manager, stated that the Mountain Sta ai Inspection Bureau will inspect our fire Department and will be completed in about a month. That on September 15, 1972, Meadow Lark Subdivision constructed a bridge across the road on ._Redwing and will be completed in the next week. He reported on revenue sharing, that in 1973, should receive $497,000, and if it becomes a reality, the City of Fort Collins should get one half of their allotment in November. ADJOURNMENT Motion was made by Councilman Fead, seconded by Councilman Peterson, that the Council adjourn. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. Motion adopted. Mayor ATT City