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MINUTES OF MEETING
August 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, August 10, 1972.
Present: Councilmen:
Karl E. Carson
Mabel Preble
Charles Peterson
J.W.N. Fead
Absent: William Lopez
Also Present: Michael DiTullio, Acting City Manager
Arthur March, Jr., Assistant City Attorney
Charles Liquin, Director of Public Works
Don Reynolds, Planning Director
Charlie Cain, Director of Finance
Verna Lewis, City Clerk
Mayor Carson presided.
Motion was made by Councilman Preble, seconded by Councilman Peterson, that the minutes of
the last regular meeting held August 3-, 1972, be dispensed with. The .motion carried.
PROCLAMATION
t;:e Colorado State Fair will he presented in. Pueblo,
Colorado, from August 26, 1972, to September 4, 1972; and
D11IEMAS, this presentation constitutes the one hundredth
anniversary of the Colorado State Fair; and
VIIIEIZ r'• 1.S, in order to uncourane citizen participation in the
State Fair, arrangements have been made for t:he appearance of Glen Campbell
at tic fair and no admission fee is being charged for entrance to the stands
at the fair; and
Vli71HRL- , t:e State Fair has for the last century pror:;oted Colorado
and provided a means of exhibiting some aspects of this State and also has
provided a form of recreation and entertaitunent for the poople of the
State; and
i:T�FI tiS, the production of the Colorado State Fair is worthy of
the support of tlhc municipalities of this State.
\41, T71-REFGRE, as mayor of the City of Fort Collins, Colorado,
I do hereby proclaim August 26, 1972, to September 4, 1972, to be
Colorado State Fair Cento nW Days in the City of fort Collins; and
I do furthor urtie the citizens of the City of Fort Collins to
sulr_.uort the Colorado State Fair and to participate in the activities of
tic State Fair during, such period.
Given under my haM and the seal of the City of Fort Collins,
this Nth day of August, 1972.
Isl Karl E. Carson
Mayor of the City of Fort Collins
AGENDA ITEM 3A
RENEWAL APPLICATION - CITY DUMP
162 LINDEN STREET
Motion was made by Councilman Fead, seconded by Councilman Preble,_that this be removed from
the table. Motion carried.
Mike Pierce, President of this establishment, explained that they had a decentralized system
from Alabama, that the material was lost in the mail, and the expiration date was an oversite
on the part of the City Dump Bar, and that they had closed when they realized their license
was overdue.
After discussion, motion was made by Councilman Preble, seconded by Councilman Peterson,
that this license be renewed. The motion carried.
Mayor Carson declared the Council acting as a Liquor Licensing Authority.
AGENDA ITEM 3B
SPECIAL EVENTS PERMIT
AMERICAN LEGION ALONZO MARTINEZ POST 187
Paul A. Vigil appeared in behalf of this request for a special events permit for a Liquor
License, stating that it will be mostly to Legion members and guests but it will be open to
to public.
Assistant City Attorney Arthur March, Jr., said that this needs to be open to the public and
if anyone wishes to purchase a ticket, they not be turned away. Motion was made by Council-
man Fead, seconded by Councilman Peterson, that this special events permit be approved. The
motion carried.
AGENDA ITEM 4A
PRELIMINARY HEARING OF H F, M LIQUOR APPLICATION
31S RIVERSIDE DRIVE
Assistant City Attorney Arthur March, Jr. advised the Council that he had .reviewed this
application and is in proper form. He questioned Jack Vahrenwald, Attorney, representing
H & M Liquors, concerning a felony charge of applicant, stating that according tb the rules
a felony charge must be 15 years ago. Mr. Vahrenwald stated that this lasted 7 months and was
more than 15 years ago.
REPORT OF DETECTIVE BUREAU:
On July 13, 1972, Harold L. Chavez made application for a Liquor License (Package Liquor)
On July 30, 1972, this officer received the application for investigation. The following is
the result of that investigation:
BACKGROUND:
The applicant is a resident of Fort Collins, residing at 2641 Avocet Road with
his wife of 18 years and their two sons ages 15 and 11. Prior to his application for a Liquor
License, the applicant was co-owner andMan�gerof the Eldorado Restaurant, Fort Collins.
The applicant is no longer affiliated with this restaurant. The subject was fingerprinted
by this department and in checking the files of the Fort Collins Police Department, this
officer can find no felony convictions within the past 15 years.
RECOMMENDATION:
This officer can find no reason to recommend denial at this time.
/s/ Ralph M. Smith
Chief of Police
Respectfully submitted,
/s/ Jerrold J. Haals,
Detective Bureau
Mr. William Dressel, Attorney, appeared and objected to the hearing next week as it did not
give him time to gather information on whether the needs of the neighborhood are being met,
also to investigate the boundaries, and asked that the hearing be delayed.
The Assistant City Attorney explained that the hearing date was set some time ago, and notice
of publication has been set and neither side knows the boundaries, and asked Mr. Vahrenwald
if he objected to a delay. Mr. Vahrenwald said as long it was not delayed too long but
would not object to a delay of a week.
RESOLUTION 72-80
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August 10, 1972
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OF iil: CO'!NZIL OF '17i.. l:i'i (?: ,''U:"i' ,iLZ.?:dS d.CTI`!C AS
�.._J n`_aT ; •_.__"__.1 - :L1i-.I 5 Ja 1-T��. ii t T'\1'I1ri j
0 J A P '11 l I `v 1 \r,I (I ON A LILT; 0, i LICENSE PITUCATIUN
lrHiii i (.S, horutefore, Narold L. Cihavez, doing business as Il u
Liquor,,;, r adc :ann1ica2ion to tide City of Fort Collins for a paciiaae liquor
store lice;isc; and
1t1IT'RL`^S, t:.c City Council, acting as tie local licensing authority,
I
has received rcpoxts co: corning sued a7plications, and as :ncld a preliminary
hearing en sue 1 application as provided in kale 3 of the Pules of Procedure
of the Liquor Licensing lultilority. -
TV, '11:1.iPSiFOF1 , Bh IT !Ui' OLVE'D BY T[E COUNCIL OF 7I1 CITY OF
FORD COLLINS, acting as a local licensing; authority, teat the authority
hereby till: folle;iho prelil^Lhary fiaidings and dotes-,anati.ons concerning
this applir_atioa, sudjcct to the right of any party in interest to present
further evidence corlceriling any of _iuei firliLhigs aid determinations at
the ihcari.ng to i;e held on this application on the 17th diy of AuSlust, 1972:
1. 'i.lat tllc Subject premises arc proper premises under the ordin-
ances of the City of Fort Collins and tale la.,s of die Suite of Colorado
to be licensed for t-i-o sale of liquor as applied for by the applicant.
2. That ti:c boundaries of tic neipliborhood to be served by this
applicant are as follo;as:
i:ouutain Avenuo and idvcrside Avclnue on tale egorth
cm the ]last
pro acct StToet on the South
College Avwiuc on the P`cst
3. '!;grit tic: accessary notice of hearing; by publication and by
posting of ulu pialliscs has been given as providod by la.J.
4. 1hat file applicant is giialified udder the ordinmices of the
City rigid tihe lai,s of tho State for tiro lieemse applied for.
C. 'i gat tie .1i711llcatlon is 1:n proper foni:'. and will be heard
1 I.ilc: i;11:1';ority e;i :1i: l st 11, 1972.
Passed and adopted at a regular meeting of the City Council held this 10th day
of .August, 1972.
/s/ Karl E. Carson
Mayor
ATTEST:
/s/ Verna Lewis
City Clerk
Motion was made by Councilman Fead, seconded by Councilman Peterson, that this resolution be
adopted. The motion carried.
Mayor Carson declared the Liquor Licensing Authority concluded.
AGENDA ITEM SA
ORDINANCE NO. 49, 1972
A q
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August 10, 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 LINDEN STREET TECH CENTER ANNEXATION TO THE CITY
OF FORT COLLINS, COLORADO
Motion was made by Councilman Preble, seconded by Councilman Peterson, that Ordinance No. 49,
1972, be adopted. Motion carried.
AGENDA ITEM 6A
ORDINANCE NO. 55, 1972
BEING AN ORDINANCE AMENDING SECTIONS 19-61 to 19-63, INCLUSIVE OF THE CODE OF ORDINANCES OF
THE CITY OF FORT COLLINS, COLORADO, 19S8, AS AMENDED, RELATING TO THE ACQUISITION AND DEVELOP-
NIEN'T OF PARK LANDS, ASSESSING A FEE TO BE USED FOR THE PURPOSE OF ACQUIRING AND DEVELOPING
PARK LANDS AND ESTABLISHING A FUND FOR THE ACQUISITION AND DEVELOPMENT OF PARK LANDS
The Assistant City Attorney stated that the motion August 3, 1972, was to make this an
st temergency ordinance, also to make it retroactive. The legislative chart er=requires the ordinanc(
t%e reason for this emergency and doubted if this would be an emergency and if the courts
ruled against this, it would be invalid. He recommended that this ordinance go through
the usual procedure. He stated that the developer will be given credit if negotiated with
the City first ..
Mayor Carson asked if there was a limit to the development of parks.
Michael DiTullio, .Acting City Manager, said that the money would b�sed Car neighborhood and
community parks as the need arose.
Motion was made by Councilman Peterson, seconded by Councilman Preble, that Ordinance No. 55,
1972, be considered favorably on first reading and ordered published. this loth day of August,
1972, and to be presented for final passage on the 7th day of September, 1972. The motion
carried.
Bob Everitt was present and spoke regarding the developers providing park land. He stated
that this costs about $10,000 a acre to develop park land and green areas, that Southmoore
developed park land for 20,000 people and felt the ordinance should be amended whereby the City
could pay them part of the cost, that if they opened this up to the puplic, the people would
be in their back yard in this development. It was the consensus of opinion of the Council
that a certain amount of credit shuuld be given to the developer who provides parks within the
development. Motion was made by Councilman Peterson that this be approved and properly
seconded by Councilman Preble, who stated that this matter should be reviewed every year.
The motion carried.
ADDED ITENIS
ORDINANCE NO. S6, 1972
BEING AN ORDINANCE DETERMINING THAT THE NEED FOR A PROGRAM TO COMBAT DUTCH ELM DISEASE IS
AN UNFORSEEN CONTINGENCY ARISING AFTER THE PASSAGE OF THE ANNUAL APPROPRIATION ORDINANCE AND
APPROPRIATING THE SUM OF $25,971.00 FOR SUCH PROGRAM
Motion was made by Councilman Fead, seconded by Councilman Peterson, that Ordinance No. 56,
1972, be approved on first reading and to be presented for final passage on the 7th day of
September, 1972. The motion carried.
RESOLUTION 72-81
OF THE COUNCIL OF THE CITY OF FORT COLLINS REAPPOINTING ALBERT E. HOCKETT AND MARION T.
ALLEN TO THE CITY OF FORT COLLINS BUILDING AND CONTRACTOR'S LICENSING BOARD
WHEREAS, the terms of Albert E. Hockett and Marion T. Allen as members of the City of
Fort Collins Building and Contractor's Licensing Board, have expired and the City Council desires
to reappoint them as members of such Board and they are willing to accept such reappointment.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Albert E. Hockett and Marion T. Allen be and they hereby are reappointed as members
of the City of Fort Collins Building and Contractor's licensing Board for terms to end July
21, 1974, for Marion T. Allen.
Passed and adopted at a regular meeting of the City Council held this loth day of
August, 1972.
/s/ Karl E. Carson
Mayor
ATTEST:
/s/ Vern Lewis
City Clerk
Motion was made by Councilman Preble, seconded by Councilman Peterson, that this resolution
be adopted. The motion carried.
RESOLUTION 72-82
August 10, 1972
OF THE COUNCIL OF TI-M CITY OF FORT COLLINS REAPPOINT-
ING CHESTER C. SMITH TO THE CITY OF FORT COLLINS
BUILDING BOARD OF APPEALS
VdIEREAS, the term of Chester C. Smith as a member of the City
of Fort Collins Building Board of Appeals has expired and the City Council
desires to reappoint him as a member .of such Board, and he is willing
to accept such reappointment.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
That Chester C. Smith be and he hereby is reappointed as a member
of the City of Fort Collins Building Board of Appeals for a term to end
May 1, 1976.
Passed and adopted at a.regular meeting of the City Council held
this loth day of August, 1972.
/s/ Karl E. Carson
Mayor
ATTEST:
/s/ Verna Lewis
City Clerk
Motion was made by Councilman Peterson, seconded by Councilman Peterson, that this resolution
be adopted. The motion carried.
RESOLUTION 72-83
OF TI-1E COUNCIL OF THE CITY OF FORT COLLINS REAPPOINT-
ING IRV WILSON TO THE CITY OF FORT COLLINS HOUSING
AL'PI-IORITY . ..... ............ .
1%UEREAS, the term of Iry Wilson as a member of the City of Fort
Collins Housing Authority has expired and the City Council desires to reappoint
him as a member of such Authority, and he is willing to accept such
reappointment.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
That Iry Wilson be and he hereby is reappointed as a member of
the City of Fort Collins Housing Authority for a term to end May 20, 1976.
Passed and adopted at a regular meeting of the City Council held
this loth day of August, 1972.
ATTEST:
/s Karl E. Carson
Mayor
/s/ Verna Lewis
City Clerk
Motion was made by Councilman Preble, seconded by Councilman Peterson, that this resolution
be adopted. The motion carried.
RESOLUTION 72-84
August 10, 1972
OF THE COUNCIL OF TIME CITY OF FORT COLLINS REAPPOINT-
ING DAVID C. J,44ES TO THE CITY OF FORT COLLINS HUMAN
RELATIGVS C(ANMISSION
WHEREAS, the term of David C. James as a member of the City of
Fort Collins Human Relations Commission has expired and the City Council
desires to reappoint him as a member of such Commission, and he is willing
to accept such reappointment.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
That David C. James be and he hereby is reappointed as a member
of the City of Fort Collins Human Relations Commission for a term to end
November 22, 1975.
Passed and adopted at a regular meeting of the City Council held
this loth day of August, 1972.
/s/ Karl E. Carson
Mayor
ATTEST:
/s/ Verna Lewis
City Clerk
Motion was made by Councilman Preble, seconded by Councilman Fead, that this resolution be
adopted. The motion carried.
RESOLUTION 72-95
OF THE COUNCIL OF THE CITY OF FORT COLLINS REAPPOINT-
ING KARL CARSON TO THE CITY OF FORT COLLINS RETIREVIET
MWIITTEE . .. ... .
W EREAS, the term of Karl Carson as a member of the City of Fort
Collins Retirement Committee has expired and the City Council desires to
reappoint him as a member of such Committee, and he is willing to accept
such reappointment.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
That Karl Carson be and he hereby is reappointed as a member
of the City of Fort Collins Retirement Committee for a term to end July 24,
1976.
Passed and adopted at a regular meeting of the City Council held
this loth day of August, 1972.
/s/ Karl E. Carson
Mayor
ATTEST:
/s/ Verna Lewis
City Clerk
Motion was made by Councilman Preble, seconded by Councilman Peterson, that this resolution
be adopted. The motion carried. 11
RESOLUTION 72-86
August 10, 1972
OF TIDE COUNCIL OF TI-lE CITY OF FORT COLLINS REAPPOINT-
ING WARD H. FISCHER AND EVERITT RIGIARDSON TO THE
CITY OF FORT COLLINS WATER BOARD
WHEREAS, the terms of Ward H. Fischer and Everitt Richardson
as members of the City of Fort Collins Water Board, have expired and the
City Council desires to reappoint them as members of such Board and they
are willing to accept such reappointment.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
That Ward H. Fischer and Everitt Richardson be and they hereby
are reappointed as members of the City of Fort Collins Water Board for
terms to end February 1, 1976.
Passed and adopted at a regular meeting of the City Council held
this loth day of August, 1972.
/s/ Karl E. Carson
Mayor
ATTEST:
/s/ Verna Lewis
City Clerk
Motion was made by Councilman Fead, seconded by Councilman Peterson, that this resolution
be adopted. The motion carried.
Mayor Carson asked that John Moore and Chet Thompson be sent letters of appreciation for
their services on the Human Relations Board and the Building and Contractor's Licensing
Board.
The Assistant City Attorney advised the Council that the contract with the State Board of
Agriculture whereby the City furnishes Water and`Sewer facilities, expired July 1 and the
Board requested that this contract be renewed and requested that they be notified as of
August what the increase will be because of the C.S.U. budget.
RESOLUTION 72-87
OF THE COUNCIL OF TE:E CI':"i OF FORT COLLINS APPROVING AN
tILNDMLNT TO THE AGREEMENT WITH THE STATE BOARD OF AGRI-
CULTURE RELATING TO FURNISHING WATER AND SANITARY SEWER
SERVICE TO COLORADO S'iATL Ui41VERSITY
WULREAS, heretofore, the City of Fort Collins and the State Board of
Agriculture entered into an agreement providing for the furnishing of water and
sanitary sewer service to Colorado State University; and
WHEREAS, pursuant to said agreement, the City has given notice,of
its intent to terminate the agreement; and
WHEREAS, the City gave such notice because of its intent to change the
fees to be paid under said agreement for such service; and
WHEREAS, the. State Board of Agriculture has requested that the present
agreement be continued until July 1, 1973, because the budget for utility ser-
vice for Colorado State University is already established through such date; and
10, 1972
a ..
1'NEREAS, tho Cily Council in of ti-e opinion that it is in the best
interest of the City to extend the present agreement to July 1, 1973, and an
agreement has been prepared for such extension, which agreement has been
approved by the City Attorney and the City ?tanager.
NOW, THEREFORE, BE IT RESOLVED 3Y THE COUNCIL OF THE CITY OF FORT
COLLINS that the terms and conditions of said agreement extending the contract
for the furnishing of water and sanitary sewer service to Colorado State Univer-
sity to July 1, 1973 be, and the same hereby are approved; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they
hereby are authorized and directed to execute said agreement for and on behalf
of the City of Fort Collins.
Passed and adopted at a regular meeting of the City Council held this
loth 4;i3f d'f August;. A'.D. 1972
I/
/s/ Karl E. Carson
ATTEST: Mayor
/s/ Verna Lewis
City Clerk
It was the opinion that the Administration inform CSU in writing that a rate increase in
water and sewer service will occur next year. No mention was made of how much the 'increase
would be as the officials are still waiting for a consultant to complete a rate study, but
they would be given an estimate and Mayor Carson suggested that this estimate be made
high. Motion was made by Councilman Peterson, seconded by Councilman Fead, that this
Resolutim be adopted. The motion carried.
AGENDA ITEM 7A
PARKWOOD SEVENTH SUBDIVISION
This was explained by Don Reynolds, City Planner, regarding the storm drainage. Motion was
made by Councilman Preble, seconded by Councilman Peterson, that this subdivision be
approved. The motion carried.
AGENDA ITEM 7B
BIDS - 77 - 1000 watt STREETLIGHTS
Summary:
Mr. St. John, Associate Electrical Engineer, has evaluated the bids. The recommendation is
that the low bidder Westinghouse c/o MSI Industries be awarded the contract in the amount of
$6,391.00.
Respectfully submitted,
/s/ E. M. Kuppinger
Purchasing Agent
Motion was made by Councilman Fead, seconded by Councilman Peterson, that the recommendation
of the Purchasing Agent be approved. The motion carried.
Micbael DiTullio, Acting City Manager, advised the Council that he hoped the Housing Code
for Fort Collins will be ready for consideration in about two weeks. He also said there
would be an industrial use survey run in the future.
Councilman Peterson stated there were 6 or 7 people at the informal session on Wednesday night,
and the main topics were dogs, weeds and cemetery.
The Assistant City Attorney stated he hoped to have an ordinance amending the People's ,
ordinance on dog control, also on weeks within the next two weeks.
August 10, 1972
Counlcilman Peterson asked that it be made clear what receptable can be used at the
cemetery.
Mike DiTullio stated there had been some confusion concerning this matter and it just a matter
of getting this cleared up, that he would have some slides to show by September, on what
can be used.
ADJOURNMENT:
Motion was made by Councilman Preble „ seconded by Councilman Fead, that the Council adjourn.
The motion carried and the Council adjourned.
ATTEST:
City Cl