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HomeMy WebLinkAboutMINUTES-09/18/1969-RegularMINUTES OF A REGULAR2MTING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, September 18, 1969, at 1:30 o'clock P.M. Present: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. City Manager Coffey, City Attorney March and Director of Public Works Liquin. Motion was made by Councilman Kruchten, seconded by Councilman Kissock,. that the reading of the minutes of the last regular meeting held September ll, 1969, be dispensed with. Roll was called resulting as follows : Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted: The following communication was presented and read at length: September 15, 1969 TO: 10 Tom Coffey, City .Manager FROM: Gordon F. Clyde, Chief Building Inspector SUBJECT: Approval of locationibr a gasoline dispensing service station. Under the provisions of Section 9-21 Code of Ordinances, City of Fort Collins,,.1958, as amended, it is requested that a new location for a gasoline - dispensing service station be approved. The location, requested by the Gulf: Oil Company, through its representative, Mr. C. H. Redkey, Jr., is on the nor-h- east corner of the irtersection of South College Avenue and Edwards Street. he Parcel is approximately 150 feet by 140 feet with the longer dimension lying along South College Avenue. The preliminary plat submitted by the Company has been reviewad by t$e Fire Department and complies with Section 9-22, Code of Ordinances, but does not comply with Section 19-36 subparagraph (4) relating to minimum yards nor is the fence required by 19-26 (1) indicated. The address of the proposed station will be 1120 South College Avenue. Respectfully submitted, Gordon F. Clyde Chief Building Inspector End: (Preliminary Plot Plan in triplicate) Mr. Char�es.Redkey was present and spoke concerning this request, stating that there will be enough back yeard for the required 20 feet setback, and that the pump island would be further back than they need to be., stating that they coald erect any type of fence that was required and that the alley would be paved, also the curb and gutter would be on College Avenue, therefore would drain into College Avenue. The Mayor stated that he felt that there needs to be a justification for this filling station. Stating that there were several closed and .the weeds had grown up aaound them, making a real eyesore. to the community Councilman Troxelistated that from the invironmental standpoint, he sees very li.ttle- improvement, from the layout, that, -will be accomplished. The plat shows no plans as far as the aesthetic value is concerned, stating .that the City spends consilderable money every year keeping our Parks- , etc. up. M Jr .. - Mr. Radkey stated _that they were more concerned with the looks than anything else and that this station would be -eye appealing, saying that they were leaving the blue spruce there and would plant shrubs and would have either rocks or grass. The station would be brick construction with mansord roof and would have the general appearance and decor of the Pancake House, and the pump island will be 25 feet from the curb line. Mrs. Joseph Weitz, President of the League of Women Voters was present and asked for answers to questions pertaining to the number of service stations within the City and number of stations m t in use and asked, " have we reache3 'a point where possible economic benefit to one or more oil companies infringes on i the aesthetic value of the community, its citizens and visitors?" Councilman Kissock asked for the City Attorney's opinion. it has been 'the opinion of his office The City Attorney stated that/if the applicant meets all requirements, that the City cannot discriminate, that is approving one and denying another. However that the matter has not been tested in -the -Colorado Courts. The Mayor stated that he was in sympathy with those that objected in that the filling stations are taking a lot of our corners. College Avenue is one of our main thoroughfares and concerned with the aesthetic value and felt that they had a responsibility to the people, as there are too many in a given location. Mr. Redkey stated that therd is only one station on South College avenue. After further discussion, motion was made by Counciman-• Kruchten, seconded by Councilman Kissock, that the Gulf Oil Company present a revised draft., of. plans showing compliance with the City ordinances and a landscape plan and architect's drawing of the structure. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruebten. Nayes: None. The Mayor declared the motion -adopted. Richard Betzing, Real estate broker and propa'ty owner in University Acres, was present.. objecting to trash cans being placed in front of homes to be picked up, stating that they detract from the neighborhood. Also stating that the trash hauler give a discount for the convenience of placing the container in the front. Councilman Kruchten asked the City Attorney if there was something do to the Council could/require the trash being picked up either in the garage or in the back by the alley. The City Attorney stated that his office could draw, up an amending ordinance on same. The City Manager advised the Council that he had mentioned a request ' for an alley inspector in the 1970 budget.He stated that there are plans to levy an occupational tax and trash truck license fee which would 'finance such an . 503 r employee. He stated that plans are to divide the City into sectionsand assign present haulers a section. The alley inspector would enforce ordinances regulat- ing haulers and trash disposal by residents once the State anti -burning lawi goes into effect January 1, 1970. Motion was made by Councilman Lopez, seconded by Councilman Troxell, that this matter be referred to the Administration. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruc hten. Nayes: None. The Mayor declared the motion adopted. ,-A, The Mayor commented on nineteen letters they had received requesting additional tennis courts in Eudora Park, and for an instructor. This matter was referred -to the Parks and Recreation Department. The following findings and resolution on the application of Frank J. Perez, 1802 North College Avenue, for a Fermented Malt Beverage License, was presented and read at length: Ito FINDINGS AND RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS C LICENSE FOR THE SALE OF 3.2 FERMaTTED MALT BEVNRAtr3S The application of Frank J. Perez for a Class C License for the sale of 3.2 fermented malt beverages at 1802 North College Avenue, Fort Collins, Colorado. came on for hearing before the City -Council on Thursday, September 11, 1969, and -t1v;City Council, having heard the testimony produced ad received the evidence offered at said hearing and having considered and weighed the same, now makes the following findings: 1. The premises for which the license is applied for are presently operated by the applicant as a cafe, and no license of the type applied for is within the neighborhood as previously defined for this application. 2. The applicant presented letters of recommendation with the applica- tion and at the hearing presented petitions supporting the application. No one appeared in opposition to the grant of the license and no petitions were pre- sented opposing the granting of the license. 3. The evidence produced at the hearing shows that the neighborhood needs the license applied for and the desires of the inhabitants of the neighbor hood do not oppose the issuance of the license. d RESOLUTION 69-09 OF THE COUNCIL OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS C LICENSE FOR THE SALT' OF 3.2 FERMENTED - MALT BEVERAGES WHEREAS, the Council of the City of Fort Collins has heard the appli- cation of Frank J. Perez for a Class C License for the sale of 3.2 fermented malt beverages; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the application of Frank J. Perez for a.Class C License for the sale of 3.2 fermented malt beverages at 1802 North College Avenue, Fort Collins, Colorado, be and the same hereby is granted in accordance with the findings of the City Council herein. Passed and adopted at the regular meeting of the City Council held this 18th day of September, A. D. 1969. Is/ Karl E. Carson Mayo^ ATTEST: /a/ John Bartel TPfyy- C 1 e rk— A4 er, 18 Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The Mayor declared the meeting adjourned to reconvene as a Liquor Licensing Authority. The follo-fnng resolution was presented and read at length: 1°$ RESOLUTION 69-90 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACTING AS THE LOCAL LICENSING` AUTHOR ITY SETTING FORTH FINDINGS ON A PRELIMINARY HEARING ON A LIQUOR LICENSE APPLICA- T ION WHEREAS, heretofore William C. Goff made application to the City of FQrt Collins for a retail liquor store license, and WHEREAS, the City Council acting as the local licensing authority has received reports concerning such application, and has held a preliminary hearing on, such application as provided in Rule 3 of the Rules of Procedure of the liquor licensing authority. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCILOF THE CITY OF FORT COLLINS ` acting as the local licensing authoritythat the authority hereby ma'_ces the follow- ing preliminary findings and determinations concerning this application, subject irk the right of any party in interest to present further evidence concerning any of such findings and determinations at the hearing to be held on this application on the 25th day of September, 1969. 1. That the subject premises are proper premises under the ordinances %"W the City of Rrt Collins and laws of the State of Colorado to b'e licensed for the sale of liquor as applied for by the applicant. 2. That, the boundaries of the neighborhood to be Served by this appli- cant are as follows: Shields Street on the West, Cherry Street on the North, College Avenue on th East, and Laurel Street on the South. 3. That the necessary notice ofhearing by publication and by posting of the premises has been given as provided by law. 4. That the applicant is qualified under the ordinances of the City and the laws of the State for the license applied for. 5. That the application is in proper form and will be heard by the authority at the hearing previously scheduled. Passed and adopted this 18th day of September, 1969• /s/ Karl E. Carson Mayor ATTEST: /sl John Bartel City Clerk The Mayor asked if there were any questions or digcussion, there being• none, motion was made by Councilman Kruchten, seconded by Councilman Kissock, that this resluti.on be adopted. Roll mas called resulting as follows: Ayes:. Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None The Mayor declared the motion adopted. Councilman Kissock brought up the matter of the C & S Railway increasing i the rate for the parking lot from $30.00 t0$1,�58.00, which was tabled two weeks 505 E pending a conference with the City Manager and Railway officials. He requested the City Attorney -to explore any legal aspects to remove -the railroad from the center of Fort Collins. Councilman Troxell stated he thought this was a worth- while project and suggested the Council appoint a committee with the purpose of studying alternatives to the solution and furnish recommendations to the matter. Stating that the standards of the railway company is low as the work on.the tracks that was done last year is as bad as they were last year, and that if we show; some concern and show them that we mean business, the railroad crossings should be minimized. Councilman Kruchten stated that since the discontinuance of passenger service and a shift to more freight trains,.the road beds have not been kept up and thinks the Government will take over the tracks in order to keep the cros- sings up to par. It was the unanimous opinion of the Council that the Mayor appoint a committee to work with the City Manager and City Attorney to accomplish this at a later date. 139 Councilman Troxell brought up the open container ordinance , stating that he thought the City should adopt a policy of rigid rules and regulations - concerning the Malt Beverage License and open containers and that this should extend to all public property, stating that the ordinance is not being enforced uniformly such as in the City Park and Golf Course. He stated that he feltthe Council needs to discuss this and either change our ordinance or eliminate it all together. If we enforce it st.C.S.U. we should enforce it all over. Councilman Kruchten agreed that this ordinance should be enforced uniformly or taken off the books and suggested that the Council post these areas with a sign notifying the citizens of the violation of the City Ordinance. The Mayor appointed Councilmen Troxell and Kissock to study this matter and make recommendations on same. Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that the Council adjourn. Roll was called resulting as follows: Ayes: Council men Carson,'- Troxell, Lopez, Kissock and Kruchten Noyes: None. The Mayo - declared the motion adopted and the Council ad' urned. T " May i �. nmma+am.