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HomeMy WebLinkAboutMINUTES-06/29/1972-Regularcog June 29, 1972 MINUTES OF MEETING June 29, 1972 The City Council of the City of Fort Collins met in regular session at 1:30 P.M. in the Counncil Chambers of the Municipal Building on Thursday, June 29, 1971. Present: Councilmen Carson, Lopez and Peterson. Absent: Councilmen Preble and Fead. Also Present: Michael DiTullio, Acting City Manager Arthur E. March, City -Attorney Charles Liquin, Director of Public Works Don Reynolds, Planning Director Verna Lewis, City Clerk Mayor Carson presided. DISPENSING OF MINUTES Motion was made by Councilman Lopez, seconded by Councilman Peterson, that the reading of the minutes of the last regular meeting held June 15, 1972, be dispensed with. Upon a roll call, all members of the Council voted in the affirmative. Members of the Trooper-Trooperette program from the Recreation Department were present, and the Council heard a report from Wes Sargent, recreation superintendent on this program. He said that the 60 youths involved in the parks and recreation department's work program are receiving job training and that members of the Sertoma Service Club will speak to the 30 boys and 30 girls about jobs; how to find them, what pay to expect and what the jobs entail. He said that.this program is designed to give the youngsters an awareness of leisure time and also a feeling of what it is like to get out in the world and work, that the young people are paid ¢50 an hour and are given recreation privileges. He said that three Chicano youths were hired, and none were turned down, that he knew of. A group of Chicanos requested that the City Council provide more facilities for Buckingham Park. Some of the things requested were trash cans, swings, flowers and trees, sand boxes benches, merry-go-round, drinking fountain, sidewalks, tennis court', tether balls, water fountain,larger slide, rebuild baseball diamond, paved parking lot, underground sprinkling system and restrooms. Virgil Dacona, said there seems to be a lack of concern or ignorance on the part of the city regarding Buckingham Park. He said they took the youngsters to Riffenburg School where they found a nice park. He said that there were 40 youngsters in the summer group and that they were trying to show them that learning can be fun and have recreation. Mr. Dacona said he is a teacher in the "other side summer school", a project funded by the National Humanaties and the Point. Mrs. Lupe Giron said the school is called the Other Side Summer School because Chicanos are referred to as people on the other side of town. Mayor Carson stated that the City does not own the land of Bucking ham Park, but lease it on:andnnual basis, that an expressway designed to connect Highway 14 and Laporte may go through the park and that permanent facilities. in Buckingham Park is not in the picture at this time. He said that only minimal equipment will be provided until we know what happens in this area. He said that restrooms and sprinkling systems are permanent facilities. Tony Giron said that three months ago, one of the backboards at Buckingham park collapsed and struck his brother and that they are just not working on it. The Parks and Recreational Department said at the time that the backboards are good for basketball, but could not with- tand the abuse of children climbing on .them. H. R. Phillips, Recreation Director, said that they may have been a little slow repairing the backboard but that work had to be done at other parks too. At the request of Councilman Lopez, the City Administration will list what additional equip- ment can be provided at the park. AGENDA ITEM 2A RESOLUTION: 72-66 OF THE COUNCIL OF 'CHE CITY OF FORT COLLINS, COLORADO, ACTING AS THE LOCAL LIQUOR LICENSING, AUTHORITY CONCERNING AN .APPLICATION FOR A HOTEL AAD RESTAUKki'i LIQUOR LICENSE Tlr; application for Unicorn Curporation for a Hotel and Restaurant Liquor Lic:mso came on for hearing on the 3th day of June, 1972, in the Council Chambers, City �Ia11, Punt Collins, Colorado, pursuant to notice Pj June 29,_972 duly given as required 'oy law. The authority, 4aving heard the evidence introduced at the hearing, and having examined the documents introduced and h^.vino heretofore held a preliminary hearing and issued finding:; in writing on said preliminary hearing, now makes the following 'findings: 1. The neighborhood to be served under this application is as .defined in the preliminary findings of the Authority. 2. Nothing contained in C.R.S., 1963, Section 75-2-39 prohibits the issuing of a licenses at the proposed location. 3. Tile applicants are of good character and qualified under the Ordinances of the City of Fort Collins aad the laws of the State of Colorado for the license applied for. 4. The application is in proper form. S. Petitions were presented and received at the hearing, indicating a need for the license applied for and no evidence was presented indicating that said need does not exist, and the local licensing authority hereby finds that the r.casonable requirements of the neighborhood require the issuance of the license applied for. The Authority recognizes that other licenses exist in the neighborhood, but hereby finds that an additional need exists for the license applied far. 6. The building in which the license is to be operated is now con- structed; however, the plans and specifications of the applicant show that the applicant proposes to improve said premises to accommodate the proposed licensed premises and no licence should issuL- until the remodeli", is completed in accordance with the plans and spee -fications submitted try the applicant and the requirements of the Building Inspector made in conformity with the Ordinances of the City of Fort Collins. 7. The within application is only fur the portion, of the premises indicated on the plans and specifications submitted to the City Council and any license issued shall cover only such portion of said building. RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS ACTING AS THE LOCAL LIQUOR LICENSING AUTHORITY CONCERNING AN APPLICATION FOR A 00TEL AND RESTAURANT LItLOR LICENSE. BE IT RESOLVED by the Council of the City of Fort Collins, acting as the local liquor licensing authority that the application of Unicorn Corpora- tion for a hotel and Restaurant Liquor License be and the same hereby is granted in accordance with the findings of the Authority set forth above; and BE IT FURTHER RESOLVED that said license shall not issue until the remodeling and improvement of the licensed premises is completed in accordance with the plans and 59ee i. fi.cat ions submit .ed to the Aothnrit�; ,r--! tF,ti I I 70 ments of the City BuildAi-tA inspector, and the Authority has received a report tro;'l said uuildin; Inspector tindt said improvements have been completed in accordance with said plans and specifications and the requirements of the Building Inspector. Passed and adopted :hi 29th day of June, A.D. 1972. /s/ Karl E. Carson Mayor ATTEST: Verna Lewis City Clerk Motion was made by Coundlman Lopez, seconded by Councilman Peterson, that this resolution be adopted. Upon a roll call, all members of the Council voted in the affirmative. Mayor Carson, showed a plaque that Stanley Case, Director of Utilities, received last week from the American Public Power Association, and commended him for his dedicated service.as a member of the Board of Directors of the organization from 1966 to 1972. Besides heading the Light and Power Department, Mr. Case is president of the Platte River Muncipal Power Association, a four city group that is cooperating on a power project on the western slope near Hayden. Mayor Carson said he personally knew how high a regard members of APPA. have of. Mr. Case, stating that this association represents about 21000 public utilities in the U.S., Puerto Rico and the Virgin Islands, which makes Mr. Case probably the most traveled man in the City, and is on the road a great deal of time attending meetings and coordinating projects. AGENDA ITEM 3A RENEWAL APPLICATION OF SOUTHLAND CORP., DBA 7-ELEVEN STORE, 505 SOUTH SHIELDS, FERMENTED MALT BEVERAGE LICENSE Report of Police Department found no violations concerning this establishment. Report initiated in Central Files. Motion was made by Councilman Peterson, seconded by Councilman Lopez, that this renewal be approved. Upon a roll call, all members of the Council voted in the affirmative. AG ENDA ITEM 4A ORDINANCE NO. 30, 1972 BEING AN ORDINANCE DETERMING THAT THE NEED TO REPOWER A PUMPER OF THE. FIRE DEPARTMENT -IS AN UNFORSEEN CONTINGENCY ARISING AFTER THE PASSAGE OF THE ANNUAL APPROPRIATION ORDINANCE AND APPROPRIATING THE SUM OF $9,580.00 FOR THE PURPOSE OF SO REPOWERING SUCH PUMPER Motion was made by Councilman Lopez, seconded by Councilman Petersson, that Ordinance No. 30, 1972, be adopted. Upon a roll call, all members of the Council voted in the affirmative. l.Tt"17=605011 ORDINANCE NO. 31, 1972 BEING AN ORDINANCE CONCERNING THE WATER BOARD OFTHECITY AND ADDING TO THE DUTIESANDFUNCTIONS OF SUCH BOARD MATTER CONCERNING SEWAGE AND THE SEWAGE DISPOSAL SYSTEM OF THE CITY. Motion was made by Councilman Lopez, seconded by Councilman Peterson, that Ordinance No. 31,- 1972, be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM SA ORDINANCE NO. 32, 1972, Tabled June 29, 1972 PROHIBITING PARTING ON PRIVATE PROPERTY Motion was made by Councilman Lopez, seconded by Councilman Peterson, that this be removed from the table. Upon a roll call, all members of the Council voted in the affirmative. Mike DiTullio, Acting City Manager, expressed reservations about making this ordinance apply to the entire City. Mayor Carson said that this ordinance would make an unsurmountable problem of enforcement. Chief Smith of the Police Department said the Police would have to police every apartment house, shopping center and driveway, and that it would be a real hassle. There were suggestions that this ordinance apply only to governiyent, such as schools, where parking problems exist. Councilman Lopez, who requested this ordinance, said he still favors the ordinance applying also to individuals. He said that a provision should be 171_ June 29, 1972 included that parking on private property is prohibited if the owner erects a.sign to that effect. After further discussion by the Council, motion was made by Councilman Peterson,seconded by Councilman Lopez, that this matter be re -tabled for further investigation. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM SB ORDINANCE NO. 38, 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 SPRINGER FARM FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Peterson, seconded by Councilman Lopez, that Ordinance No. 38,. 1972,be considered favorably on first:reading, and �ordered'published'thjs 29th day of Juiie • 1972, and presented for final passage on the 20th day of July, 1972. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM SC ORDINANCE NO. 40, 1972 LINDEN STREET CENTER ANNEXATION BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Don Pavel, developer, was present stating that he had no plans to build in the flood plains area, that some of this was owned by the North College Sanitation District. Charles Liquin, Director of Public Works, stated that the study to determine the flood plain of the Poudre river will be delayed as two men from the Corps of Engineers who have been involved in the project have retired or quit the organization. _Motion was made by Councilman Lopez, seconded by Councilman Peterson, that Ordinance No. 40, 1972, be considered favorably on first reading and ordered published this 29th day of June, 1972, and to be presented for final passage on the 20th day of July, 1972. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM SD ORDINANCE NO. 47, 1972 BEING AN ORDINANCE DETERMINING THAT THE CONSTRUCTION OF SEWER MAINS FOR THE SEWER UTILITY OF THE CITY DURING THE YEAR 1972 WAS AN UNFORSEEN CONTINGENCY ARISING AFTER THE PASSAGE OF THE ANNUAL APPROPRIATION ORDINANCE AND APPROPRIATING THE SUM OF $166,500.00 FOR THE PURPOSE OF PAYING THE CITY'S SHARE OF T11E COST OF CONSTRUCTING SUCH SEWER MAINS Motion was made by Councilman Peterson, seconded by Councilman Lopez, that Ordinance NO. 47, 1972, be considered favorably on first reading, and ordered published this 29th day of June, 1972, and to be presented for final passage on the 20th day of July, 1972. Upon a roll call all members of the Council voted in the affirmative. AGENDA ITEM 5E ORDINANCE NO. 48, 1972 APPROVING THE:. ACQUISITION OF CERTAIN WATER RIGHTS, DETERMING THAT THE AVAILABILITY OF SUCH WATER RIGHTS iS AN UNFORESEEN CONTINGENCY ARISING AFTER THE PASSAGE OF TH ANNUAL APPROPRIATION ORDINANCE AND APPROPRIATING THE SUM OF $91,250.00 FOR THE PURPOSE OF PURCHASING SUCH WATER RIGHTS Motion was made by Councilman Peterson, seconded by Councilman Lopez, that Ordinance No. 48, 1972, be considered favorably on first reading, and ordered published this 29th day of June, 1.972, and to be presented for final passage on the 20th day of July, A. D. 1972. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 6A RESOLUTION - ZONING LINDEN STREET TECH CENTER ANNEXATION 72-67 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 01' PORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KN0WN AS THE ZONING ORDINANCE, IN ORDER TO CLASSIFY FOR ZONING PURPOSES CERTAIN PROPERTY BEIiIG ANNEXED TO THE CITY OF FORT COLLINS WHEREAS, heretofore the City Council of the City of Fort Collins initiated annexation procedures for certain property known as the Linden Street Tech. Center Annexation to the City of Fort Collins, more particularly described in the "Notice of Public Hearing" attached hereto; and w r70 I WHEREAS, the Planning and Zoning Board has made a study of said annexation and has held a hearing and made a report and recommendation con- cerning the zoning for said property, 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 Planning and Zoning Board has recommended that said property be zoned in the I-G, General Industrial District under the Zoning Ordinances of the City of Fort Collins; and WHEREAS, the City Council desires to hold a hearing in order to determine how'said property shall be zoned, all as required by said Section 19-46. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that July 20, 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 in order to consider the zoning for said property; 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 29th day of June, A.D. 1972. ATTEST: Karl E. Carson Mayor /s/ Verna Lewis City Clerk Motion was made by Councilman Lopez, seconded by Councilman Peterson, that this resolution be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 6B RESOLUTION 72-68 OF THE COUNCIL OF T!iii CITY OF FORT COLLINS EXPRESSING 'iHE SUPPORT OF THECITY COUNCIL FOR THE POSITION OF THh BOARO OF LDUCATIO"; OF P()UDRIi SCHOOL UISTRICT R-1, REGARD T"G THL SC„OOL-CO%r-1UKITY CONCEPT HHEREAS, the Board of Education of Poudre School District R-1 has adupted a Resolutiun expressing its intent to find ways and means whereby the facilities and resources of the School District can best benefit the entire community; and 'NHEREAS, it is the opinion of the City Council that such concept, if impler1lented, 47ellld be of j;reat Value to the citizens of this co:P:lullity; an" 1411EiFAS, the said hoard of Education has requested a commitment from the City of Port Collins in support of this concept. w3 June 29, 1972 ir— NON, TiIll! RSr"')1tCi, Bi'. it RESOLVnD AY OW ('+)J„CIi, OF TIr: CIFY OF FORT CJLLINS that the City OF part Collins; supports the school -community concept ndvanced by the Board of --,location of Puudre School District R-1 and hereby expresses its intent to work; jaintiy with s:.id School District, tho Comity Of Lari:her, Colora,lo State '.Inivorslty, and other int:'.1'CStPd community organizations to determine how best this concept might be implemented as a community wide and community supported effort. P assOd anJ ado )ted at a r0"LlIar file Oti3W Of the CitY COunC11 held this 29ta day of June, A.D. 1972. /s/ Karl E. Carson Mayor I:V09X.IN /s/ Verna Lewis City Clerk Mayor Carson said a meeting was held some time ago with the School District regarding this matter. Both Councilman Peterson and Councilman Lopez spoke in favor of this concept. Stan Case endorsed this concept, that it will help all in cooperating for better facilities, school sites, etc. Motion was made by Councilman Lopez, seconded by Councilman Peterson, that this resolution be adopted. Upon a roll call, all members of the Council voted in the affirmative. Phase II stay of the Lincoln Junior High School as a recreational facility was presented. The degree bsolescence to individuals, safety, zoning, population trend, economics and utility were considered. and based on the fact that the school will serve the immediate needs of the recreational demand, it is not not conducive for a modern day recreation program, as maintenance is expensive and much of the area of a four-story building, such as halls, stairwaysand the like, is costly and non-functional. Dr. Robert Pike was present, representing this group, stating that the recommendation was to accept the Lincoln Junior High School in 197S and use this for a temporary structure until 1978, and then demolish the structure and sell the site and utilize the funds for the future park and recreation capital improvement program. He said the City should have a parks and recreation master plan completed by 1973. Mr. Dick Ferguson of Schlupp-Ferguson £, Associates, compiled this report. After discussion, motion was made by Councilman Peterson, seconded by Councilman Lopez, that this report be received and the matter be brought up at a later date for discussion. Upon a roll call, all members of the Council voted in the affirmative. RESOLUTION 72-69 OF 'Elh COUNCIL OF 'T11i CITY OF FORT ;',PPROVING Tid: APiLICATION BY '111ii CITY OF FOYT COLLINS FOR Til TES TORARY USE OF 5 ACRE FEET OF WATER FROM ME WORKS OF 'Till'' NOR11DIERiN COLORADO tgXrE'it a),1 SEZVANCY DISTRICT 1FI1ERiihS, the City of Fort Collins has acquired 5 acre feet whits of water of the Northern Colorado tUater Conservancy District; and ?1111?R1iAS, the Board of Directors of the Northern Colorado 11ater Conservancy District requires that the City of Fort Collins enter into temporary use permit agreements with said District for the transfer of said water; and WHE.RLAS, the Northern Colorado Water Conservancy District has submitted appropriate forms of temporary use permit agreements to be entered into by the City of Fort Collins. NOV, Tih:Ri:,FOR%, BE IT ORDAINED BY THE COUNCIL OF ME CITY OF FORT COLLINS that the Mayor and City Clerk be and they hereby are authorized and directed to apply for the ter,,horary use of said 5 acre feet of water, by w� 29 entering into tenporary use peniut agreements with Uieortt.ern Colorado Water Conservancy District. Passed and adopted at a regular meeting of the City Council held this 29th day of June, A.D. 1972. s/ Karl E. Carson vor ATTEST: /s/ Verna Lewis City Clerk Motion was made by Councilman Lopez, seconded by Councilman Peterson, that this resolution be adopted. Upon a roll call, all members of the Council voted in the affirmative. RESOLUTION 72-70 OF 111E COUNCIL OF T111'. CP i OF FOi:f COLLINS APPROVING, TIJi APPLICATION BY TlE CITY OF FORT COLLINS FOR 111 T , ffC)RARY USE OF 300 ACRE FELT OF ;YiTI'Li FRU-i 'fill] itiOP.i�S OF THE NORTHEHIN COLORAW WATER CONSERVMCY DISTRICT 11,1JMRJD%S, the City of Fort Collins has acquired 300 acre Poet units of water of the Northern Colorado Water Conservancy District; and hHEMIAS, the Board of Directors of the northern Colorado dater Conservancy District requires that the City of Fort Collins enter into temporary use penrit agreements with said District for the transfer of said water; and i',li£Pdi1S, the :Northern Colorado Water Conservancy District has submitted appropriate forriis of temporary use penait agreements to be entered into by the City of Fort Collins. {)1'l, Ti Ii?LFOi;E, BE I1' OPu)AIvi1 BY 'ill£ COUINCIL OF 7111; CITY OF FORT COLLINS that the '•iayor and City Clorh be and they hereby are authorized and directed to apply for the terporary use of said 300 acre feet of water by entering into temporary use per,uit agreements witli tiie Northern Colorado Rater Conservancy District. Passed and adopted at a regular meeting of the City Council held this 29th day of June, A.D. 1972. /s/ Karl E. Carson Mayor ATTEST: /s/ Verna Lewis City Clerk Motion was made by Councilman Peterson, seconded by Councilman Lopez, that this resolution be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 7A SUBDIVISION PLAT EAST ELIZABETH SECOND FILING Motion was made by Councilman Lopez, seconded by Councilman Peterson, that this plat be approved. Upon a roll call, all members of the Council voted in the affirmative. `5 June_29-19J.2 it AGENDA ITEM 7B BIDS - 32 - 28 FOOT STEEL STREET LIGHT POLES FOR LIGHT AND POWER DEPARTMENT Summary: BID EACH TOTAL BID DELIVERY Valmont $ Electrical Equip. Agency $ 202.44 $ 6,478.08 8-10 Weeks Kaiser Aluminum 187.00 5,984.00 2-3 Weeks Union Metal & MSI Industries 200.55 6,417.60 8 Weeks Mr. John St. John, Associate Electrical Engineer, has evaluated the bids. The recommendation is that the award be made to Kaiser Aluminum in the amount of $5,984.00. Respectfully submitted, /s/ E. M. Kuppinger Purchasing Agent Motion was made by Councilman Lopez, seconded by Councilman Peterson, that the recommendation of the Purchasing agent be accepted. Upon a roll call, all members of the Council voted in the affirmative. COIMNUNICATION Dear Council Members: I represent Dwight L. Ghent, Eldon F. Ghent and Frank Ghent. On their behalf I would request a vacation of the alley as shown on the recorded plat of the Ghent Subdivision, City of Fort Collins, Colorado. This alley was originally dedicated to provide access to the rear of the property owned by the Ghents and by Murray Perotin. The property on both sides of the alley is now owned by the Ghents. An easier access to the rear of the Perotin property has been pro- vided leading to this property from Thunderbird Drive. There are some utility easements located in this alley. There is no request, however, to release the utilixy easements, but only to vacate the alley. 0 1 y YGafs , E. FYSCHER Motion was made by Councilman Lopez, seconded by Councilman Peterson, that this matter be referred to the Planning and Zoning Board for their recommendation. Upon a roll call, all members of the Council voted in the affirmative. Guy Palmes was present and spoke concerning the possibility of a flood in Fort Collins, stating that it would be caused by the small dams tang build in Long Draw because of no spill way being provided. Mike DiTullio, Acting City Manager, stated that Horsetooth Annexation was asking permission to have sewer facilities.. He also stated that residents are concerned about the pond at Avery Park and the paving of East Elizabeth Street and that a meeting will be held July 5, 1972, to resolve these problems, that they have been notified of same. Mr. DiTullio brought up the matter of the use of City vehicles, that there/cases of these vehicles being driven out of town, and there was a written policy on this. Mr. DiTullio said there had been some objections to the cemetery clean up. He said this was necessary because of a hazard of the containers for artificial flowers and it was better to get rid of them and make a better resting place for our beloved. Mayor Carson said that this was in the newspaper, and felt if some explanation had been given that people would have understood the City's policy, that it was for the best interest of the people. H. R. Phillips, Parks and Recreation Director, suggested that leaflets be prepared and dis- tribute them to the florist shops on information about what grave decorations are best used and how to set them up. He said that these will make for a better job of communication. He said that flowers should be in metal con8iners and buried level with the ground so that maintenance is not impeded. He stated that bottles and jars had been used which are dangerous for the men mowing there. June 29, 1972 Mr. Palmes stated that Grandview was one of the best cemeteries in the State and commented on the Beautiful cemetery that is 25 miles from London. ADJOURNMENT Motion was made by Councilman Lopez, seconded by Councilman Peterson, that the Council adjourn. Upon a roll call, all members of the Council voted in the affirmative and the Council adjourned. Mayor ATTEST:' ty