HomeMy WebLinkAboutMINUTES-11/16/1972-Regular2,43
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November 16, 1972
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting
A regular meeting of the Council of the City of Fort Collins, Colorado was held on
Thursday, November 16, 1972, at 7:30 P.M., in the Council Chambers of the city hall.
Present: Mayor Carson, Lopez, Preble and Fead. Absent: Councilman Peterson.
Staff members present: Brunton, DiTullio, Liquin, Cisar, March and Lewis.
Minutes of the November 9, 1972 meeting - Reading dispensed
Councilman Lopez made a motion, seconded by Councilman Preble, to dispense with the
reading of the minutes of the November 9, 1972 regular meeting. Years : Councilman
Carson, Lopez, Preble and Fead. Nays: None.
Proclamation proclaiming the "Spirit of Thanksgiving - endorsed
The following proclamation was read by the City Clerk and endorsed by Council. Mr.
Bill Clip appeared on behalf of the Councils at Colorado State University.
WHEREAS, at Thanksgiving attention is closer focused on the needs of
others as an act of being thankful; and
WHEREAS, the Interfraternity Council and the Panhellenic Council at
Colorado State University have organized Operation Thanksgiving and plan to
collect canned goods throughout the community on Saturday, November 18, 1972
for distribution to 2,000 needy families; and
WHEREAS, the United Mexican American Students are collecting canned
goods for migrant families;
NOW, THEREFORE, I, Karl E. Carson, Mayor of the City of Fort Collins,
State of Colorado do hereby encourage the citizens of the City of Fort Collins
to participatein and contribute to the Thanksgiving projects sponsored by the
Interfraternity Council, the Panhellenic Council and the United Mexican American
Students.
Be it further proclaimed that the spirit of Thanksgiving and thankfulness
for our many blessings be a springboard throughout the year to help people less
fortunate, as Fort Collins is and should be the "Choice City", a City of
compassion and concern for others,1
It witness whereof I,have hereunto set my hand and caused the Executive
Seal of the City of Fort Collins, State of Colorado to be affixed this 16th day
of November, 1972, A.D.
Karl E. Carson, Mayor of the City
of Fort Collins, Colorado
Recognition of City of Fort Collins Employee's contribution to United
Fund
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Mr. Glen Smith, City Employee's Representative for the United Fund, reported the City's
Employee's have contributed $2,44S.SO to the 1972 United Fund Drive. This contribution
is 16% over the contribution for 1971. Mr. Smith presented City Manager Brunton a
"Citation for Community Service", received by him from the United Fund Committee.
A total of $8,314.66 has been contributed by City employees, an amount which exceeds
244
November 16,1972
the goals set for the City for the past four years.
Mayor Carson expressed his appreciation for the fine work done by Mr. Smith on this
project and extended his gratitude to the City Employees for their contributions.
Final hearing of Sportsman's Bar, 219 Walnut Street, for a Hotel
Restaurant Liquor License taken under advisement.
Mayor Carson read at length the rules of procedure and the preliminary findings were
summarized by the City Attorney.
�ewton questioned Mrs. Jones as regard the lease,
Attorney Arnaud,/representing the applicant, q
the clientele and the plans for remodeling of the proposed establishment. Exhibits
presented are as follows: A. Originals of proposed menu and B. Petitions contain-
ing 168 signatures in support of the application.
Mr. Myland Williams, 216 Walnut Street and Mr. Robert Scott Johnson, Linden Hotel, gave
oral testimony of their desire for the application to be approved. No protests were
filed and no opposition voiced to the granting of this license.
After the summary given by Mr. Newton regarding the needs and desires of the neighbor-
hood, the character of the applicant and the plans for remodeling in conformance with
City Codes, the Chairman of the Licensing Authority declared the hearing closed, stating
it would be taken under advisement and the results given in due time.
Renewal application for Ace Liquors by Gustav Miklos 200 East Mountain - approved
The report of the Police Department stated the department had "encountered no problems
with this establishment" and could find "no legal basis to recommend denial."
Motion by Councilman Lopez, seconded by Councilman Preble to approve the renewal ap-
plication of Ace Liquors. Yeas : Councilmen Carson, Lopez, Preble, and Fead. Nayes:
None.
Second reading of Ordinance No 71, 1972 - Cunningham Corner Annexation
annroved
The property in question was displayed on the overhead projector by Associate Planner
Rick Cisar.
Motion by Councilman Fead, seconded by Councilman Preble to approve Ordinance 71, 1972
on second reading. Yeas: Councilmen Carson, Lopez, Preble and Fead Nayes: None.
Hearing and reading of Ordinance No. 77, 1972 - Zoning Cunningham Corner
Annexation approved
The Planning and Zoning Board consid;red this item at its October 2, 1972 meeting and
recommended approval of the Annexation with RLP, Low Density Planned Residential zoning,
in lieu of the RP, Planned Residential zoning as requested by the petitioners.
Planning Associate, Rick Cisar advised Council the petitioners had agreed with the
recommendation of the Planning and Zoning Board and were agreed with the RLP zoning.
Motion by Councilman Preble, seconded by Councilman Lopez to approve Ordinance No.
77, 1972, on first reading. Years: Councilmen Carson, Lopez, Preble and Fead.
Nayes: None.
Resolutions on Water $ Sewer Improvement application for funding and athori-
zation for filing application approved
City Manager Robert Brunton reviewed the three alternatives proposed by the consult-
ing firm of Black and Veatch.
Alternate I
Take Plant No. 1, add secondary treatment that would meet 1978 standards, add, at
Plant No 2 - the balance of the addition. Cost $4,027,000.
Alternate II
Construct the line between Plant No. 1 and No. 2, and use existing facilities. Make
Plant No. 1, the primary basin, then run affluent at Plant No. 2, and add secondary
treatment. Build Plant No. 3, and eventually discontinue Plant No. 1 (secondary
affluent at one point might require additional treatment) Cost $4,134,000.
21.5
Alternate III
Retain Plant No. 1 on a standby basis. Run raw sewage in line. Construct total
capacity at Plant No. 2. Cost $4,691,000
Mr. Brunton further stated the Administration will prepare an application, if approved
by Council for federal funding of the expansion of the sewer treatment operations.
Additionally, he stated EPA does not know how much money it will get from the federal
government for the sewer projects. Also, EPA does not know yet how many applications
will be submitted. However, Mr. Brunton stated the determination on who gets the money
probably will be made on a priority system. He indicated Fort Collins has one " good
point in its favor,, if that is the case --it has an abatement date on the discharge
into the Poudre River.
Discussion was also held on the abatement date for Water Treatment Plant No. 1.
Motion by Councilman Lopez, seconded by Councilman Preble to approve the resolution
authorizing and directing the City Administration to make application for a grant in
connection with improvements to the City's Water Utility and Sewer Utility. Yeas:
Councilmen Carson, Lopez, Preble, and Fead. Nayes: None.
RESOLUTION 72-116
OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AND
DIRECTING THE CITY ADMINISTRATION TO MAKE APPLICATION TO THE
FEDERAL GOVERNMENT FOR A GRANT TO BE USED IN CONNECTION WITH
IMPROVaJENIS TO THE CITY'S WATER UTILITY AND SEWER UTILITY.
WHEREAS, the City of Fort Collins has received an abatement order
from the Corps of Engineers in connection with.the City's Water Treatment
Plant No. 1, located on the Cache La Poudre River; and
W[-�S, the City of Fort Collins has also received an abatement
order from the Colorado Water Pollution Control Commission in connection
with the City's Sewer Plant Nb. 1; and
WHEREAS, in order to correct the deficiency set forth in such abatement
orders, it will be necessary to make improvements to both Water Treatment
Plant No. 1 and Sewer Plant No. 1; and
WHEREAS, it appears that federal finds are available to. cities to
be used in eliminating the deficiencies in connection with the water treatment
plant and the sewer plant.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the city administration is hereby directed to apply to the
federal government through the Environmental Protection Agency for a grant
to be used toward the cost of eliminating the deficiencies in Water Treatment
Plant No. 1 and Sewer Plant No. 1; and
BE IT FURTHER RESOLVED that the city administration is authorized
to use the services of Black $ Veach, Consulting Engineers, as needed in
the preparation of the application for a federal grant in accordance with
the provisions of the existing contract with. such engineers.
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November 16, 1972
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hHEREAS, 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, 1938, as amended, and
WHEREAS, the City Council desires to hold a hearing on said zoning
request as required by said Section 19-46.
N04',.THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that December 7, 1972 at 1:30 P.I., 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 FUI:THEI: RESOLVED that the City Clerk is hereby instructed to publish
I notice of said hc;irin_; as provided in Section 19-46 of the Code of Ordinances of
the Cily of FOIL Collins, Colorado, 1953, as amended, in the form attached hereto.
Passed and ldopLed at a res;ular meeting, of the City Council held this
19th day or October, A.D. 1972.
Plav�.r
Cily Clerk ^
Motion by Councilman Lopez, seconded by Councilman Preble, to adopt the resolution. Yeas:
Carson, Lopez, Preble and Fead. Nays: None.
PUD Empire Savings and Lcan, located at the Southeast corner of Foothills
Parkway and South College Avenue - Approved. _
Associate Planner Rick Cisar reviewed the Planned Unit Development for Council and advised
the landscapeplans have been approved by the City Arborist.
Motion by Councilman Fead, seconded by Councilman Preble to approve the PUD, as presented.
Yeas: Carson, Lopez, Preble and Fead. Nays: None.
Agreement between Light and Power Department and Breeder Reactor Corporation -
The City Council considered the Light and Power participation in the Liquid Metal Fast
Breeder Reactor Demonstration Plant on January 20, 1972, and authorized the Director of
Utilities to sign a letter of conditional intent proposing an annual contrubution of
$4,582 for a ten year period, starting in 1972.
City Manager Robert Brunton, having reviewed the project, recommended Council approval of
the agreement, authorizing the Director of Utilities to complete the same on behalf of the
Light and Power Department.
Motion was made by Councilman Lopez, seconded by Councilman Preble, to approve the contract
and authorize the.Director of Utilities to complete the agreement. Yeas: Carson, Lopez,
Preble and Fead. Nays: None.
Bid awarded for 167 KVA Transformers
Two bids were received for 167 KVA Transformers. RTE c/o Lewis Associates "r,id $2,108.00
with 16 weeks delivery and Westinghouse c/o MSI Industries bid $2,862.00 with 32 weeks delivery
Mr. Tim Sagen, Electrical Engineer, reviewed the bids and recommended that the order be
awarded to RTE c/o Lewis Associates, as the bid price was $78.00 below the estimate.
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Report from Planning and Zoning Board on South Mesa First Annexation
The Planning and Zoning Board considered this item at their November 6, 1972 meeting and
recommended approval of the Annexation petition with HB, Highway Business Zoning. This
property is the site of the new Markle-• Motors Agency south of Poppell - Cadillac -
Oldsmobile Agency and north of Munroe Street.
Motion by Councilman Lopez, seconded by Councilman Preble, to refer the item to the City
Attorney. Yeas: Carson, Lopez and Preble. Nays: None.
Report from the Planning and Zoning Board on Anderson Annexation Petition and
preapplication with RLP and RP Zoning
The Planning and Zoning Board considered this item at their November 6, 1972 meeting and
recommended approval of the annexation petition with RP, Planned Residential Zoning
(34.526 acres), and RLP, Low Density Planned Residential zoning (1S.452 acres).
Councilman Copez questioned the disposition of Constitution Street in this petition,
stating he had reservations on the traffic plan for the proposed project, which could have
a maximum density of S10 units.
Attorney Ray Greer, urged Council not to approve the "peicemeal annexation and zoning" until
they take a look at the "whole picture". He argued that "nowhere does anyone have an
idea of what will be allowed on the southwest side of the City" with respect to housing
density. Further, he said high density housing in the area is creating traffic congestion
that Prospect Street won't be able to handle.
City Manager Robert Brunton stated "we are getting a lot of piecemeal zoning and this
does a dis-service to the overall `levelopment of the City". He further stated he would
provide them with maps of a square mile section within the City deFictino
and City utilities. zoning or rezoning
Mayor Carson questioned the "study map concept proposed and wondered "what volume of land'"
would be picked as the confines of each study. He further stated "The only way I know to
get a handle on it is to declare a moratorium on any more annexations or zonings" until an
overall master plan is adopted, and that "probably is a good way of getting sued".
Motion by Councilmen Lopez, seconded by Councilman Preble, to refer the item to the City
Attorney. Yeas: Carson, Lopez, Preble and Fead. Nays: None.
Report from the Planning and Zoning Board on City Service Center Second Annexation
The Planning and Zoning Board considered this item at their November 6, 1972 meeting and
recommended approval of the annexation with C, Commercial Zoning.
Motion by Councilman Lopez, seconded by Councilman Preble, to refer this item to the City
Attorney for proper action. Yeas: Carson, Lopez, Preble and Fead. Nays: None.
Report from the Planning and Zoning Board on zoning two (2) lots of the Village
Square Annexation
The Planning and Zoning Board considered this item at their November 6, 1972 meeting and
recommended the two(2) lots be zoned RLP, Low Density Planned Residential.
RESOLUTION 72-118
OF THF. COUNC L of 'fill( CITY ()i r0k.1' COLLINS GIVING NO'PICL•'
CON(A.RNING A PROP"! pFD t)1:111`d.\.`a:L: X,iFNDIA:G CII:\['CI(R 19 OF TIIE
CODE OF ORDINANCES OP THI: Cfl'Y 01' FORT COLLINS, COLORADO,
1958, AS .%IFNDED, COMMONLY KN(Al N AS THE ZONING ORDINANCE,
IN ORDER TO CLASSIFY FOR ZONING PURPOSES CERTAIN PROPERTY
BEINC ANNENED TO THE CITY OF FORT COLLINS
WHEREAS, heretofore the City Council of the City of Fort Collins
initiated annexntion procedures for certain property known as the
Village Square Annexation to the City of Fort Collins more particularly
described in the "Notice of Public Hearing" attached hereto, and
WIIEREAS, the owners of said property have petitioned that said
property be included partly in the R-L-P, Low Density Planned Residential District,
partly in the R-P, Planned Residential District, and partly in the B-P, Planned
Business District; and
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November 16, 1972
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Passed and adopted at a regular meeting of the City.Council held
this 16th day of November, A.D. 1972..
Mayor
ATTEST:
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City Crer
;otion by Councilman Preble, seconded by Councilman Fead, to approve the resolution
authorizing filing of application for a grant under the Water Pollution Control Act.
Yeas: Carson, Lopez, Preble and Fead. Nays: None.
Resolution 72-117
Resolution authorizing filing of application with the Federal. Water Pollution
Control Administration, United States of America, for a Grant under the Water
Pollution Control Act, (33 U.S.C. 466, et seq.)
WHEREAS under the terms of the Water Pollution Control Act (33 U.S.C. 466 et seq.),
the United.States of America has authorized the making of grants to authorized
applicants to aid in the construction of specific public projects;
NOS4 THEREFORE, be it resolved by The City Council
(Governing Body of Applicant) .
1. That. Robert L. Brunton; City Manageas hereby authorized to execute and
(Name and Title of Official)
file an application on behalf of The City of Fort Collins, Colorado
(Legal Name of Applicant)
with the United States Government for a grant to aid in the construction of
an interceptor sewer and first addition to Sewer Treatment Plant No. 2
(Brief Project Description)
and is hereby authorized and directed to furnish -such information as the Federal
Water Pollution Control Administration may reasonably request in connection with
such application and to sign all necessary documents and receive payment.
CERTIFICATE OF r RECORDING OFFICER
(Suggested Fo m)
The undersigned duly qualified and acting City Clerk of the City of
(Title of Officer) .. (Legal
For` Colli+,yy, Colora�o does hereby certify:
Name of Applicant)
That the attached resolution is a true and correct copy of the resolution author-
izing the filing of application with the Federal Water Pollution Control Adminis-
tration, as regularly adopted at a legally convened meeting of the
(Name of
City Council duly held on the 16 day of November ,
Governing Body of Applicant)
19 72 , and, further, that such resolution has been fully recorded in the journal
of proceedings and records in my office.. -
IN WITNESS WHEREOF, I have hereunto set my hand.this 16 day of November
1972,
/s/ Verna Lewis
(Signature of Recording Officer)
City Clerk .
(Title of Recording Officer)
tee, a q-7
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At �*
November 16, 1972
sort of "rules". I submit that one needs only to look at South
College to realize that the fait, that something was done there is
more likely prima facie evidence that it was wrong rather than that
it was right. Moreover, most of these past mistakes were made by
councils which dial not include at least three of the present members.
The argument that we should perpetuate past mistakes is, in my
opinion, without any validity whatsoever. There will always be
some project in the mill and if we don't change some rules sometime,
we never will develop a comprehensive plan.
Last week we sat here and were told that a developer had no
intention of >>.tilizing any 1?rof'-sEic�n_rl land planning advice until
the zoning had been approved. Yet land use is the very heart of
the zoning process' We have budgeted approximately $122,000 for
planning during 1973, yet we completely disregarded every shred
of professional advice in favor of the old Fast Buck Planning
Process. If we are going to continue to ignore all advice of the
Planning and Zon'.ng Board and the Planning Office, we could save
a great deal of time and mcney by hiring a draftsman to incorporate
the developers' plans into our zoning map and eliminating the rest
of the expense. I submit that this body needs to establish a policy
based on sound planning principles and adhere to it or else quit
pretending that we are trying to create an improved environment
through planned development. I am particularly concerned that a
room full of local real estate agents could carry more weight with
this body than both the Planning and Zoning Board and the Planning
Office. The land in question certainly needs to be developed!
No one was in disagreement on that point-. There is no doubt in my
mind that it would 'nave been amply profitable to develop it in
accordance with good planning principles!
Councilman Lopez inquired if the above statement meant ?'rubber stamping" the Planning Staff
and Planning and Zoning recommendations.
City Manager Robert Brunton again stated the need for a retreat for the Planning and Zoning
Board members and City Council to work out better guidelines for growth.
Mayor Carson stated in the Pine Tree Zoning matter, the Planning Staff recommendations had
been inadequate.
Councilmen Carson, Lopez and Peterson stated they had received no adverse comments from the
general public on their decision.
ADJOURNMENT
Motion was made by Councilman Lopez, seconded by Councilman Peterson, that the Council adjourn.
Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead.
Nayes: None. The Council adjourned.
ATTEST:
ty