HomeMy WebLinkAboutMINUTES-02/10/1972-RegularMINUTES OF MEETING
February 10, 1972
The City Council of the City of Fort Collins met in regular session at 1:30 P.M. in the
Council Chambers of the Municipal Building on Thursday, February 10, 1972,
Present: Councilmen Carson, Lopez, Councilwoman Preble,
Councilmen Peterson and Fead.
Also Present: Tom Coffey, City Manager
Arthur E. March, City Attorney
Charles Liquin, Director of Public Works
Mayor Carson presided.
APPROVAL OF MINUTES
Motion was made by Councilman Lopez, seconded by Councilwoman Preble, that the reading
of the minutes of February 3, 1972, be dispensed with. Upon a roll call, all members
of the Council voted in the affirmative
AGENDA ITEM 2
MERCHANT OF MONTH AWARD
Presented to Storrey Lynn dba Fox Center Automotive, Inc., 1731 South College Avenue.
Don Hisam of the Fire Department was present and stated they had inspected this place of
b usiness in January and found nothing in the way of a fire hazard.
AGENDA ITEM'3
CERTIFICATES OF RECOGNITION
Communication:
TO: Charles Liquin, Director of Public Works
FROM: Gordon F. Clyde, Chief Building Inspector
RE: Presentation of Certificates
DATE: February 2, 1972
Mr. William E. Waldo and Mr. Paul Michaud,
building inspectors for the City of Fort Collins,
have received Certificates of Attendance acknowledging
their completion of fourteen hours of instruction
on the 1971 edition of the National Electrical Code.
The Electrical Code is revised every three
years to incorporate all approved changes. To
disseminate these changes and to foster uniform
application of new provisions the Joint Industry
Electrical Code Conference has been organized.
The five sponsors are listed on the bottom of the
certificates.
I feel that recognition of these employees
interest in self-improvement and the fact that it
was undertaken voluntarily on off -duty time will
enhance their morale and aid in developing greater
loyalty to the City. I suggest presentation by the
Mayor at a City Council Meeting, if at all possible.
Gordon F. Clyde,
Chief Building Inspector
Mr. Waldo and Mr. Michaud were present and were presented certificates for completing a
subscribed cuurse of the National Electrical Code from the Joint Industry Electrical
Code Conference, by the Mayor, and were complemmented for so doing.
February 10, 1972
n
AGENDA ITEM 4A
SITE FOR HEADQUARTERS FIRE STATION
Tabled from February 3, 1972
Motion was made by Councilwoman Preble, seconded by Councilman Fead, that this be removed
from the table. Upon a roll call, all members of the Council voted in the affirmative.
Mr. Tom Coffey, the City Manager, stated that because the possible location of the new
fire station is in the budget, it is an important decision, and felt the Council should
take some time on it. He said it was his responsibility to make recommendations and
then it is a matter of policy for the Council to make the final decision. He called Mr.
W. Robb, architect, Chief Yonkers and Joe Rice, Traffic Engineer, to make an oral report
on this matter. These men had all presented a written report at the February 3rd
meeting, and all spoke in favor of the station site at Mulberry and Peterson. Mr. Robb
said, as an architect, he was only interested -in the architecture and building, saying
that more could be done on the Mulberry site in the way of a more residential type building,
and that the traffic and parking were more favorable at this location. Chief Yonkers of
the Fire Department, spoke, stating that the fire department did not have enough parking
space on the Walmut Street station, and that the shift going off duty had to move their
cars to make room for the on -coming shift, that in 1957, this station was completely re-
modeled, and in a short time they were losing the front because the building is so old.
He said that if the new station is built on the dowtown location, it would be difficult to
get all their equipment in Station #2 and #3, and the downtown section would be unprotected
while this station was under construction, also they would have to have a place for
storage of their apparatus. He said all the men backed him in favor of the Mulberry site,
that this location would give them.access to north and south routes and better response over
all the City, better parking facilities, and better exit space. Regarding a location on
the site of the tracks, that there would be more trainsand the trains would be getting
longer, that the fire engine was blocked by trains for five minutes last Tuesday when there
was an explosion at a trailer. Councilman Lopez stated that one of the retired fireman
had said that in all his experience, the fire engine had never been stopped by a train to
a major fire. Chief Yonkers said he could think of 8 or 9 times. He said that it
depends how Fort Collins grows, and where, the location of station #4, that it Could- be in
the north side of town. Joe Rice, the Traffic Engineer, explained the traffic, and
presented the number of vehicles in different parts of town, that in the downt(bwn location,
the snorkel had to negotiate a left turn in pretty close quarters, and on Mulberry, they have
a straight run. He said that an optocom would be installed at intersections for the
fire engines operated by frequency by the light on the fire engine, Councilman Lopez
said there a lot of building going on :on the west side of town and the Mulberry traffic will
increase. A gentlemen in the audience asked what effect will the by-pass have on the
traffic.on Mulberry and suggested that this matter be postponed until it is determined where
the by pass will go. Mayor Carson said this by-pass was probably two years away.
ir. H. R. Phillips, Director of Recreation and Parks, was pr esent objecting to the Library
park location. He introduced Tom Fraser, the new youth group director. - he said that
the Little League practiced baseball there, that picnicking has increased and that the
museum had been enlarged androom made for more addition. It was stated that the Library
Park was built in 1899 for a Cit Park at a cost of $1,600.00. Councilman Lopez stated
this establishes a precedent andVre station there would enhance this property. The
City Manager said that the City Hall property was too small foruse for a fire station.
The old carbarn property across the tracks: There was room but the tracks was against that
location.
The willow Street property: Fire Station could be built there, but again the tracks.
Riverside & Jefferson: Triangle too small. Donald Nees said no.
Property where the Hawthorn Supply is located: 86' wide and 29 feet long, enough room but
would have to condemn too much property and too expensi•re.
Park across from Linden: Too Crowded.
Sunnyside rest home property: Cost $99,500.
Property across from Goodrich Mortuary: Could be purchased for $42,000, but would dislocate
people there and a problem with funeral processions and egress and ingress is a little
difficult.
Location at 322, 324 and 338 Oak Street: Cost $66,500, would unean tearing down house
that is old and has beautiful woodwork, and sure the landmark commission would frown
at tearing this down.
Library Park would be ideal for station. Would cut down on the size of it, and does not
seem right to take that much space out of a park.
Walnut street station: Any money used to remodel would be a waste of money.
He said the Peterson and Mulberry site would cost approximately 45 to $50,000, and had
sent $1,000 option to hold for 45 days to California and had not heard from them. He said
there were some objectionsto this by the neighbors, that he had contacted three real estate
men and asked about depreciation of property value. One said there would be no depreciation
and one said if next door to the fire station there would be. Councilman Peterson gave
a report on the amount of rental and the amount of owners in that area. The City Manager
said the old Remington School was a possibility, that it would cost approximately $65,000,
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and the DMA had a parking lot in the middle of the lot., and recommended that the fire
station be built on the Mulberry and Peterson location. Councilman Lopez stated he was
not convinced the Mulberry site is the logical site to go to, that we are not doing a
service to people in the core area of the City, and a vote in favor of moving the station
means that the north part of town does not count as much as the south part of town. He
said that a station should be located on the north side to help reverse the blighting that
is occurring in this area. Mayor Carson said that the relocation of the station is not a
sociological issue. Councilman Lopez stated that anytime government builds anything or
takes down anything, it has a sociological effect, anything that the Council does effects
people and the most important effect on the City is how much confidence the citizens have
in that we are looking out for their best interests. Mayor Carson requested a report
on the purchasing of land on the north side of town for a park, which will be along the
Poudre River by the City's land fill and will be called the Lee Martinez park. The City
Manager said the City will have to resort to condemnation proceedings to get adjoining land
for the park. Council -an Lopez stated he was not "horsetrading" the location of the fire
station for a park. He said that a report by insurance underwriters indicating that
locating the station by the railroad tracks would not lower the City's fire protection rat-
ing and thereby raise insurance rates. That trains do not go through town that much.
Mr. Alvin Laavas, 304 East Myrtle, Fred Foss, and Fred Franz were present objecting to
the location of the fire station at Mulberry and Peterson, and were all in flavor of building
it at the present location. There was some discussion about the urban renewal program.
Don Raynolds said it was not sure where the urban renewal would be but would be in the
downtown location and had to be 1/4 mile from the fire station. Mr. Herbert Damm, was
present objecting to the Mulberry and Peterson location and that the station should remain
where it is. He said he had been a tax payer of Fort Collins for 75 years. He criticized
the Council for the ways and means they spend the people's money, exempting Councilman Lopez
from his criticisms. Councilman Peterson said this was an important item andthere should
be some petitions for or against this site. Councilwoman Preble spoke against cutting
away at our park land and was opposed to a station on the other side of the tracks.
Councilman Fead stated that it was his opinion that the Mulberry Peterson site was the most
feasible as it provided more parking, better access in and out and also provides the
citizens protection while the building is constructed. Alvin Laavas stated there had been
no notice of hearing on this matter. After considerable discussion, motion was made
by Councilwoman Preble, seconded by Councilman Fead, that the recommendation of the
City Manager be approved. Upon a roll call all members of the Council voted in the
affirmative with the exception of Councilman Lopez, who voted naye.
Ted Wendelin, representing the C.S.U. Student Lobby, was present and invited the members
of the Council, as individuals.to the public meeting Thursday night at 8:00 P.M., room
224 at C.S.U. to discuss amending the City Charter regarding time of residency and age
to be eligible to serve on the Council.
AGENDA ITEM 5A
FINDINGS ON VIOLATIONS BY ACE LIQUORS, 200
East Mountain Avenue
RESOLUTION AND FINDINGS 72-5-
OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, ACTING
AS THE LOCAL LIQUOR LICENSING AUTHORITY CONCERNING AN ALLEGED
VIOLATION OF THE ORDINANCES OF THE CITY OF FORT COLLINS, AND
THE LAWS OF THE STATE OF COLORADO, RELATING TO THE LIQUOR LIC-
ENSE OF ACE LIQUORS
THE HEARING of the alleged violation of the Ordinances of the City
of Fort Collins and the Laws of the State of Colorado, relating to the liquor
license of ACE LIQUORS, came on for hearing on the 3rd day of February, 1972,
in the Council Chambers of City Hall, Fort Collins, Colorado, pursuant to Notice
duly given as required by law.
The authority, having heard the evidence introduced at the hearing, and
having examined the exhibits introduced and being fully advised in the premises
now makes the following findings:
I. Liquor was sold by Ace Liquors to a minor on December 27, 1971. The
owners of Ace Liquors did not contest this finding and acknowledged same.
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161
February ]A.,_],.9Z2
2. On two prior occasions before the above mentioned sale, Ace Liquors
had been warned concerning similar violations.
3. Concerning the violation in question, there were no aggravating factors
but the violation would probably not have occurred, had Ace Liquors complied with
guidelines heretofore laid down, to -wit; when a photo identification card is not
displayed, or in case of doubt, the demanding of two separate means of identifica-
tion.
4. The Ace Liquor employee who made the sale in question has terminated
employment.
RESOLUTION
OF THE COUNCIL OF THE CITY OF FORT COLLINS ACTING AS THE LOCAL
LIQUOR LICENSING AUTHORITY .CONCERNING AN ALLEGED VIOLATION OF
THE ORDINANCES OF THE CITY OF FORT COLLINS, AND THE LAWS OF THE
STATE OF COLORADO, RELATING TO THE LIQUOR LICENSE OF ACE LIQUORS
BE IT RESOLVED by the Council of the City of Fort Collins, acting as the
local liquor licensing authority that the license of Ace Liquors be suspended for a
period of five (5) days in accordance with the findings of the authority set forth
above, but that such suspension should nevertheless be suspended for a period of
six (6) months, during which time if Ace Liquors is again found to be in violation
of the Ordinances of the City of Fort Collins or the Laws of the State of Colorado,
relating to liquor licenses, then upon such a finding, the five (5) day suspension
commences immediately, in addition to any other actions taken by the authority for
such subsequent violation.
Passed and adopted this loth day of February,
ATTEST:
City Clerk'
972.
Motion was made by Councilman Lopez, seconded by Councilwoman Preble, that this resolution
be adopted. Upon a roll call, all members of the Council voted in the affirmative.
AGENDA ITEM 6A
ORDINANCE NO. 3, 1972
BEING AN ORDINANCE AMENDING SECTION 1-17 OF THE CODE OF ORDINANCES OF THE CITY OF FORT
COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO THE SALARY TO BE PAID TO THE JUDGE OF THE
MUNICIPAL COURT
Motion was made by Councilman Fead, seconded by Councilman Peterson, that ordinance No. 3,
1972, be adopted. Upon a roll call, all members of the Council voted in tHE affirmative.
AGENDA ITEM 7A
BIDS- TILTING BED .TRAILER FOR PARKS & RECREATION
SUMMARY:
17
February 10, 1972
Mr. H. R. Phillips, Director of Parks 6 Recreation, has evaluated the bids and all specifi-
cations have been met by the low bidder. A copy of his recommendation is attached.
The recommendation is that Maxey Mfg. Company be awarded the contract in the amount of
$1,220.00.
REspectfully submitted,
/s/ E. M. Kuppinger
Purchasing Agent
Motion was made by Councilman Peterson, seconded by Councilman Fead, that the recommendation
of the ,urchasing Agent be approved. Upon a roll call, all members of the Council voted
in the affirmative.
AGENDA ITEM 7B - WATER PLANT
PROPOSAL
Charles Liquin, Director of Public Works, stated that he had received a letter requesting
that the wastewater discharge be kept out of the river. He presented a contract for
engineering services by Black and Veatch, stating that the lagoon system is suitable for
= EPA funda. He said that the project study will cost the City $5,000 for three projects.
1. Wastewater discharge collection and treatment, the lump sum of $3,250.00
2. Pretreatment Channel and River intake modification, $1,150.00.
3. Rejuvenation of six unused filters, $600.000
He said if this is approved, this money will be returned to us. that the total engineering
.project will be much higher. Councilman Lopez asked if this was in the budget, and he
was answered that it was not. After discussion, motion was made by Councilman Fead, second-
ed by Councilman Peterson, that the recommendations for the contract be approved and
authorize the City Manager to -execute; his signature. Upon a roll call, all members of
the Council voted in the affirmative.
AGENDA ITEM BA
REPORT:
Planning and Zoning Board Report
Consider Mountain Shadows Annexation Petition involving approximately 20.14 acres with REM
zoning, tabled from January 3, 1972meeting
Location: SW 1/4 Section 21, south of the City limits and east of Overland Trail, approximatel.
1%2 mile north of Drake Road.
Petitioner: Martin E. Falk
Recommendation: The Planning and Zoning Board considered this item at its February 7, 1972,
meeting and recommends approval of this annexation with RLM zoning.
Tne City Manager stated that the Board had talked to Dr. Reihl concerning the pollution
in this section, and he had compared Fort Coiling with Greeley and that the pollution ,.as
more toward Greeley. He stated that there a water problem, that the Miller land is beyond
the pressure system, that a reservoir is being built there by the developer, that we take
care of the operation and the pumping and that the surcharge on sewer there will recover our
costs. Don Reynolds, the Planning Director, stated that there is more pollution closer
to the mountains and did not encourage development there, and recommended that no more land
be zoned RLM zone , but RL, but to wait until the public hearing to determine this. After
further discussion, motion was made by Councilman Peterson, seconded by Councilman Lopez,
ttat this matter be referred to the City Attorney to prepare the necessary ordinance.
AGENDA ITEM 8B
REPORT:
Third Foothills Annexation - Involving approximately 3.66 acres with RM zoning.
Location: N 1/2 of the HE 1/4 of Section 20, approximately 525 feet west of Overland Trail
and south of Prospect Street extended (west)
Petitioner: Foothills West Development Corp; Alvin Miller, President.
Recommendation: The Planning and Zoning Board considered this item at its February 7, 1972
meeting and recoDauend3 aporoval of the annexation with RM zoning.
Motion was made by Councilwoman Preble, seconded by Councilman Peterson, that the recommenda-
tion of the Planning and Zoning Board be approved and the matter be referred to the City
Attorney for an ordinance. Upon a roll call, all members of the Council voted in the
affirmative.
AGENDA ITEM BC
171
February 10, 1972
REPORT:
SPRING CREEK FARMS SECOND ANNEXATION: Involving approximately 65.79 acres with RL,
zoning, tabled from December 6, 1971 meeting.
Location: N 1/2 of Section 19, bounded by Stuart Street on the north, the Parkwood
Subdivision on the south and Lemay Avenue on the west.
Petitioner: Spring Creek Farms, International Investments & Management Corp.
Recommendation: The Planning and Zoning Board considered this item at its February 7, 1972
meeting and recommends approval of the annexation with RL zoning.
Motion was made by Councilman Peterson, seconded by Councilman Lopez, that the recommendation
of the Planning and Zoning Board be approved and the matter referred to the City Attorney
to prepare the necessary ordinance. Upon a roll call, all members of the Council voted
in the affirmative.
AGENDA ITEM 8D
REPORT: GREENWALT EIGHTH ANNEXATION involving approximately 4.1 acres with RL zoning.
Location: NW 1/4 of Section 30, 310 feet south of Drake Road and 250 feet west of Lake
Sherwood Drive.
Petitioner: Poudre Valley Construction; Harold H. Miller, President
Recommendation: The Planning and Zoning Board considered this item at its February 7, 1972
meeting and recommends approval of the annexation with RL zoning
Motion was made by Councilman Lopez, seconded by Councilwoman Preble, that the recommendation
of the Planning and Zoning Board be approved and the matter be referred to the City Attorney
to prepare the necessary ordinance. Upon a roll call, all members of the Council voted
in the affirmative,
AGENDA ITEM 4E - PLAT
REPORT: LOCUST GROVE THIRD FILING - involving approximately 12.20 acres with RL zoning
Location: NW 1/2 Section 16, south of West Mulberry Street, east of the Pleasant Valley
and Lake Canal, and 225 feet north of Orchard Place extended (west)
Developers: Several
Recommendation: Th�a Planning and Zoning Board considered this item at its January 3, 1973
meeting and recommends approval subject to a deed for a one foot strip along Locust Grove
Drive.
City Manager's comments: This is a routine Subdivision plat. If the deed for the one
foot strip is provided by the developer, the motion should be to approve the subdivision plat.
The City Attorney said the deed of escrow was left in his office which was presented.
Motion was made by Councilman Lopez, seconded by Councilwoman Preble, that the agreement
be accepted and authorize the Mayor to sign. Upon a roll call, all members of the Council
voted in the affirmative.
Motion was made by Councilman Lopez, seconded by Councilman Peterson, that the plat be
accepted, and the deed be brought into public record. Upon a roll call, all members
of the Council voted in the affirmative.
K-Mart Development plan
Sign Transfer _Tabled from a previous meeting
Motion was made by Councilman Lopez, seconded by Councilwoman Preble, that this be removed
from the table. Upon a roll call, all members of the Council voted in the affirmative.
Fred Foss of Excellart Advertising, was present and presented a plan of the signs of the
Unit Development plan and the distribution of signs between Mountain Federal Savings,
Household Finance and K-Mart. He said that Federal Savings had agreed to reduce their
sign to 80 sq. ft. allowed, that there was a total of 435.48 square feet, leaving 220
square feet already existing. After discussion motion was made by Councilman LODez,
seconded by Councilwoman Preble, that this plan for sign allotment be approved. Upon
a roll call, all members of the Council voted in the affirmative. Mr. Foss stated that
39 square feet for Household Finance be included in the motion.
Andy Anderson was again present, stating that the people give the City Manager a clear deed
of trust, and that he took an oath to keep the people's interest at heart. He said
that there is nothing personal in his request that the City Manager retire , that he is
171
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concerned with the utter disregard of the peoples wishes and the precedent of a City
Manager retiring at 65 years of age be voted on again by the City Council. Mayor Carson
said that this had been done and it was voted by a majority vote that the City Manager
not be forced to retire. Mr. Anderson stated that since there is no regard for the
people, then there is nothing left to do than to petition for a mandatory retirement, stating
he would be back.
Mayor Carson introduced Captain McPherson, who is new in the Salvation Army.
RESOLUTION 72-6
OF T;ic COUNC:0, Ci` T11 C177 OF FORT COLLINS APPitOVING
Tilt Ai'i'i,%i;:iC:u i :i;' i;:' , Ol i•Or:' T COi,J,I'e5 ,' ;, )P. 'I'„�
TE`iPORARY U::i: 01: 5 ACRE FEET Oi� i:AT&it F O.71 TOE i'ORKS
Oi T 17 NOi' :1' 7 COLORAD0 4ATi:i: GOY.SF:CVANCY DISTRICT
illEill]AS, the City of Fort Collins has acqui.rui S acre feet
units of water Of the Northern Coloralo ilater Conservancy District; and
Wkii;Xf-AS, the Board of Directors of the Northern Colorado water
Con c.wancy District requires that the City of Fort Collins enter into
tewporary ase peniiit agroatnents with said District for the transfer of
said water; an.i
hiILRLAS, the :NOrthrrn COiOTndo elates Conservancy District has
sub,nitted apprupriate fer;.is of te�lpovary use permit a,,,r(J0Lj01Jts to he
entered into i)y the City of Fort Collins.
a0i: 'ltic!;I:i 0i<'t, BE IT RESOLVED 4Y T i;: COUNCIL OF Tit-,: C:iTY of
FC::T COLL1?J5 that tiic tier, or and City Clerk be and they hereby are authorized
and dlrectei LO all-ly TUT th:- teiiiporary use of said 5 acre feet of water by
enCO.r1Hg into te.iZ?x)r:ATy use permit agIeements witil the Nortliern Colorado
Jai r Con ervancy District.
passed and a6opte"; i. :t rEi;il%L:1" i..: tii7j o0 the City Council held
10th day of February, 1972.
ATTEST:
/s/ Karl E. Carson
Mayor
/s/ John Bartel
City Clerk
Motion was made by Councilman Lopez, seconded by Councilwoman Preble, that this resolution
be adopted. Upon a roll call, all members of the Council voted in the affirmative.
The City Manager presented and read the following communication:
February 10, 1972
Mr. Tom Coffey, City Manager
City of Fort Collins
Fort Collins, Colorado
Dear Mr. Coffey:
I am hereby submitting my resignation as City Clerk of the City of Fort Collins to become
effective on March 1, 1972.
As I reached the age of 62 last August I have decided to retire.
Respectfully,
.John Bartel
i1; '�lerk
E ebruaE-y_10 ,—L9.7 2
Mayor Carson said he regretfully accepted this resignation and thanked Mr. Bartel for
a job well done. Councilman Lopez also said he regreted his leaving the City.
ADJOURNMENT
Motion was made by made by Councilman Lopez, seconded by Councilwoman Preble, that the
Council adjourn. Upon a roll call, all members.of the Council voted in the affirmative
and the Council adjourned.
ATTEST:
City Clerk
''Adjourned meeting February 17, 1972
Present: Councilman Peterson and City Clerk John Bartel.
Absent: Councilmen Carson, Lopez, Councilwoman Preble and Councilman Fead.
Because of a lack of quorum, the meeting of the City Council and of the City
Council acting as a Liquor Licensing Authority, is adjourned to 1:30 P.M.,
February 24, 1972, at which time the matters on the Agenda for this meeting
will be considered.
/ 'ty Clerk