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HomeMy WebLinkAboutMINUTES-05/07/1970-Regular194 7, 1970 MINUTES OF AREGULAR MEETING OFTHE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, May 7, 1970, at 1:30 o'clock P.M. MdrChpresent: Councilmen Carson, Lopez, Kissock and Kruchten. Assistant City. Attorney,/City Manager Coffey and Director of Public Works, Liquin. Absent: Councilman Troxell, excused.. Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that the reading of the minutes .of the last regular meeting held May 23, 1970, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Kissock and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. A large group of C.S.U. students were congregated on the front lawn at the City Municipal building protesting the Cambodia affair and the death of four students at Kent State University, in Ohio, during'a recenidemonstration. Don Webber, _President of the C.S.U. Student Body, was present and presented a resolution to the Council. Resolution from the students of Colorado State University to the City Council of Fort Collins, Colorado. BE IT RESOLVED BY THE CITY COUNCIL of Fort Collins, Colorado, that President Richard Nixon's order to send combat troops into Cambodia is of questionable constitutional validity because Congress was not consulted; and y BE IT FURTHER RESOLVED by this body that the deaths of students at Kent State .University is a deplorable action which was the result of overanxious and irrational National Guard. troops; and BE IT FURTHER RESOLVED that this body call upon the President to order the immediate end to all U S. Military actions in Cambodia and to order the immediate unilateral withdrawal of all U. S. military personnel from Indochina. This resolution was received and the Mayor presented and read a statement in answer to.this resolution: The members of the Fort Collins City Council are distressed and deeply concerned with the implication of recent events throughout these United States and the worl d We share in the reeling of frustration and confusion which most citizens seem to feel in these times.. The current situation demands serious soul=searching and understanding from all peoples and all governments and their officials. We u ge that the decisions and actions of both individuals and governments be based first of all on a respect for all human life. Conflict is not new or unique to these times or this society. Conflict of ideas in an atmosphere of mutual respect and with desire for general improvement generates new approaches to p3Dblems and should be welcomed by all. However; the conflict on our campuses and in our cities is bringing about many distressing and unfortunate results. We earnestly implore every citizen to reassess his values, his role and his committments. We all pray for wisdom onthe part of our representatives in government who must make decisions in these times. It has been said that politicians look to the next election while statesmen look to the future of man. Statesmanship must be the emphasis for all who make the decisions in our behalf. We urge all people to pray for an early and proper resolution of the situation now confronting us, for only by resolving conflicts can we survive. Karl E. Carson Mayor Mr. Webber asked that the Mayor read this statement before the group on the front lawn, .. The Council was recessed for reading of the May statement, after which the Council reconvened. Dr. Ruth Moyer, Professor at C.S.U., was present, representing the American . Business Women's Association.. The following proclamation was presented and reads WHEREAS, the membership of the American Business Women's Association is composed of women in 'varied occupations and professions with more than s0,000 members enrolled in over 850 chapters th roLghout the United States, and WHEREAS',_ the membership of the Association is dedicated to elevating the status of all women in business, through appropriate training, the improvement of employer -employee relations, and continuing education, and WHEREAS, one of the main objectives of this Association in this association is the awarding of.scholarships by chapters to qualified and deserving women students, and WHEREAS, in addition to scholarships from the national educational fund, in the past year ABWA chapter scholarships have amounted to over $225,000; NOW, THEREFORE, I, Karl E. Carson, Mayor ofthe City of Fort Collins, Colorado, do publish and;proclaim the month of May, in the City of Fort Collins, to be ABWA SCHOLARSHIP MONTH, AND do urge all residents of this City to take proper cognizance, thereof. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Fort Collins, to be affixed this 1 day of May, 1970. /s/ Karl E. Carson Mayor (Seal) ATTEST /s/ John Bartel City Clerk The following following proclamation was presented and read: PROCLAMATION WHEREAS, Spurs is a national, sophomore, academic, honorary organizatinn existing in colleges and universities in the United States; and WHEREAS, a local branch of said honorary organization -is at Colorado State University; and WHEREAS, Spurs has adopted as a national philanthregc program the support of Project Concern; and WHEREAS, Project Concern is an international medical relief center established for the purpose of providing medical attention for persons unable to meet the costs of such medical attention; and WHEREAS, Project Concern has established relief centers in Hong Kong, South Viet Nam, Mexico, and Appalachia, and intends to establish s-ach centers in other underprivileged areas; and i WHEREAS, the Spurs at Colorado State University are sponsoring a "Walk for Mankind" on May 9, 1970, for the purpose of raising funds to support Project Concern; and WHEREAS, Project Concern is a worthy project, deserving.of the support.of the citizens of this community; NOW, THEREFORE, as Mayor of the City of Fort Collins, Colorado, I do hereby urge the citizens of the City of Fort Collins to support the Colorado State University Spurs "Walk for Mankind" on May 9, 1970, and I DO FURTHER PROCLAIM May 9, 1970, as "Walk for Mankind Day" in the City of Fort Collins, Colorado. Givenunder my hand and the seal of the City of Fort Collins on the 7th day of May , 1970. /s/ Karl E. Carson Mayor The following proclamation was presented: PROCLAMATION WHEREAS, the President of the United States has for the eighth consecutive year proclaimed the month of May as Senior Citizens Month and'.has called upon communities across the nation to cooperate in nationwide observance of such month; and WHEREAS', THE Governor of the State of Colorado, has also proclaimed the month of. May, 1970, as.the month for Coloradoans to hono.rthe senior citizens; and WHEREAS, the City of Fort Collins has established a commission known.as the Fort Collins coordinating Commission for Senior Citizens for the purposes of assisting senior citizens in this community in living full and interesting lives and contributing'and,par ticipating and sharing in the life of this community; and 196 WHEREAS,.such Commission has requested that -the week of May 17 through May 23, 1970 , be designated as Fort Collins Senior Citizens Week;.and WHEREAS, it is highly fitting that a week be set aside in Fort Collins to officiall honor those in our community who have given full lives to others and who continue to share y and participate in the life of.this community. j A NOW, THEREFORE, by virtue of the authority in me vested, I do proclam, the week of May 17 through May 23, 1970, as FORT COLLINS SENIOR CITIZENS WEEK AND I call,upon the members of this community to observe said week in honor of the senior r' citizens of Fort Collins, Colorado. DATED at Fort Collins, Colorado, this 7th day of May, 1970. is/ Karl E. Carson Mayor Jerry Harrison, Chief Fire Inspector, was preseiit and presented the Mayor, Cicy Manager, Assistant City Manager and Council with red ties on behalf of the Fire Department proclaiming May 8 through the 16th as "I support Spring Clean up B`eek". The following ordinance was presented on second reading: ORDINANCE NO. 26, 1970 BEING AN ORDINANCE CREATING THE CITY OF FORT COLLINS GOLF BOARD, PROVIDING FOR THE APPOINT- MENT OF MEMBERS OF SUCH BOARD, ESTABLISHING THE TERMS OF SUCH MEMBERS AND DEFINING THE DUTIES OF SUCH BOARD. Motion was madety Councilman Kissock, seconded by Councilman Lopez, that Ordinance No. 26, 1970,.be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Kissock and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. The followting ordinance was presented on first reading and read at length: ORDINANCE NO. 28, 1970. BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY Gene..E. Fischer, Attorney, representing Midland Savings and Loan Co., was present and spoke regarding this rezoning. He stated that this proposed building would/on the design corner of Howes and Magnolia and that the architectural/ would be a combinalion of the one in Englewood and boulder. The lot is 100 feet by 190 feet, there is ample parking space, really more than they need so hope 'to have some grass parking.. Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that Ordinance No. 28, 1970, be consi- dered favorably on first reading and to be presented for final reading on the 28th day of May, 1970. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopex, Kissock and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. The followingordinance was presented on first reading and read at length: ORDINANCE NO. 29, 1970 BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY Mr. Virgil Magerfleisch wss present and presented a_plat of this rezoning -for a proposed Town House area. He stated that there would access from Kirkwood Drive and from Columbia Road, that across the street, it is now R-P.zone Planning Director Don Reytiolds.,informed the Council that the area would now: conform with the existing zoning.. After discussion, motion was made by Councilman Lopez, seconded by Councilman Kruchten, that Ordinance No. 29,.1970, be considered favorably on'first reading and presented for final passage on the 28th day of May, A.'D. 1970. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Kissock and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The ZMayor declared the motion adopted. The following ordinance was presented on first reading and read at length: ORDINANCE NO. 30, 1970 BEING AN ORDINANCE AMENDING SECTION 5-36 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS,-COLORADO, 1958, AS AMENDED, RELATING TO PIN AND BALL MACHINES, AND DELETING THE PROHIBITION* AGAINST PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS PLAYING ON SUCH NIACH,INES Motion was made by Councilman Kissock, seconded by Councilman Lopez, that Ordinance No'30, 1970, be considered favorably on first reading and presented for final passage on the 28th day of May, 1970. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez,' Kissock and Kruchten. Absent: Councilman Troxell, excused, Nayes: None. The -Mayor declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF.(JOVERNiNG F?ODY_OF APPLICANT 70-�L'7 Resolution authorizing filing of application with the Federal hater Pollution Control Administration, United States of America, for a Grant under the Water Pollution Control Act, i (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, NOW THEREFORE, be it resolved by the City Council WHEREAS , That Karl E. Carson, Mayor, file an application on behalf of the City of Fort Collins, Colorado, with the United States Government fora grant to aid in the construction of a sanitary sewer outfall line, and is hereby authorized and directed to furnish such -._-information a's the Federal Water Pollution Control Admnistraton may reasonably request in connection with such application and to sign all necestary documents and receive payment. The City Manager stated the total cost was $171,900.00, the City would apply for 30% or $51,570.00, $49,205.00 to be paid by the City, the balance to be paid by property owners. This project would close the present North College system, also that at a later date, the City could apply for an additional 10%. The sewer line would pick up the Dreherand Cherry Hill areas. Motion was -made by Councilman Lopez, seconded by Councilman Kruchten, that this resolution be adopted._ Roll was called resulting as follows: Ayes: Councilmen Carson, Lopex, Kissock and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. Mr. Gene Fischer asked why the City has to pay any of the construction costs. The City Manager stated it .was because of the oversize line. The plat of the Thunderbird Estates Eighth Filing was presented. It was stated that the plat and the utility agreements had been approved, by the City Engineer. This property is north of the proposed shopping center on the Spencer land. After discussion, motion was made by Councilman Lopez, seconded by Councilman Kissock,.that this plat be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Kissock and 198 i Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. Bids on a 3/4 ton Pickup, tabl ed from April 23, 1970, was again presented. Motion was made by Councilman Kissock, seconded by Councilman Kruchten, to remove this from the table. Roll was called resulting as follows: Ayes:' Councilmen Carson, Lopez, Kissock and Kruchten, Absent: Councilman Troxell, excused. Nayes: None., The Mayor declared i the motion adopted. City Manager Coffey asked that all bids be rejected as none meet specifications. Motion was made by Councilman Kissock, seconded by Councilman Lopez, that all bids be rejected. Roll was called resulting as follows: Ayes: Counc-ilmen Carson, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following bids were presented and read at length: April 24,1970 TO: Honorable Mayor and Councilmen - THROUGH: Mr. Tom Coffey, City Manager FROM: Mr. E. M. Kuppinger, Purchasing Agent SUBJECT: Signal Cable Bids Bids have been received and evaluated covering consideration for purchase of: i 7,000 ft. of 600 Volt Signal Cable. 1 Five Invitations to Bid were sent; two were returned. A summary of the bids are as follows: Loos Electric Supply Company $ 2,499.30 Consolidated Electrical Dist. 4,099.00 Mine $ Smelter Supply Co. No Bid Graybar Electric Co. No Bid Ryall Electrical Supply No Bid Mr. Joe Rice, Traffic Engineer, has evaluated the bids and all specifications have been met by i the low bidder. The recommendation is that Loos Electric Supply Company be awarded the contract in the amount of $2,499.30. Respe ctfully submitted,. /s/ E. M. Kuppinger Purchasing Agent There was considerable discussion regarding the big difference in cost of the two companies that bid on this signal cable. Motion was made by Councilman Kissock, seconded by Councilman Lopez, that these bids be tabled and referred to the Traffic Engineer for investigation- aad.report. The Director of Public Works stated that there were a number of gutter pans that should be replaced as they were dangerous for kids on their bicycles. •He stated the grades were not properly installed when the subdivision was built. Councilman Kruchten asked why the City has this expense. The City Attorney stated that it was the City's fault in accepting the streets years ago. The following communication was presented and read at length: May 6, 1970 TO: Ed Kuppinger, PurchasingAGent FROM: Roy A. Bingman, City Engineer RE: Bids for pan replacement in Mantz Addition. The bids received for the replacement of pans in. the Mantz Addition are as follows: Radius Pan 6 ftPagutter 4 ftt.Rutter qurb Walk 1. Kiefer Concrete: $1.50 sq. ft.$9.00 lin. ft. $5.00 lin.ft. $5.00 lin.-ft. t. 2.. Fort Collins Ready-Mix$1.55 $9.75 $5.25 $5.10 3. Flatiron: 2.00 9.00 6.00------- Kiefer Concrete is low bidder on all items. I recommend award to Kiefer Concrete for the work. The total contract amount is $3,489.00, based on approximate Total -quantities. Respectfully submitt:d, /s/ Roy A. Bingman <' City Engineer The Director of Public Works stated that between Kane Concoursrand South College,-thate is no curb or gutter and some day will be done at City expense. This has come about through complaints of residents. Motion was made by Councilman Kissock, seconded by Councilman Lopez, that the bid of Kiefer Concrete be accepted and approved. Roll was called -resulting as follows: Ayes: Councilmen Careon, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The City Manager advised the Council that an agreement had been reached for a cross connection with the Fort Collins -Loveland Water District, for the exchange of water. The installation will be at their expense. Motion was made by Councilman Kruchten, seconded by Councilman Kissock, that this be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Kissock and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor delared-the motion adopted. The following dedication deed was presented and read: DEDICATION DEED 00W ALL MEEN BY THESE PRESENTS that the undersigned, being the owner thereof, hereby dedicates, quit claims and conveys unto the City of Fort Collins, Colorado, a municipal corporation, a right-of-way and easement over and across the following described property, situate in the County of Larimer, State of Colorado, to -wit - Considering the north line of the N4 1/4 of the SE 1/4 of Section 9, Towrnship 7 North, Range 69 ,:'est of the 6th P.M. in Larilzer County, Colorado, as bearing N. 89' 31'15" W. and with all bearings harain relative thereto: Cwit. encing at a point which bears Y. 39039115" W. 3.35 feet from the ,,E corner of the NA 1/4 of the SE 1/4of Section 9, Township 7 North, Range 69 blest of the 6th ' P.M., thence S. 00'08'00" E. 569.57 feet; thence along the arc of a 153.53 foot radius curve to the right a - distance of 153.62 feat, the long chord of which bears S 23637'37" W. 152.55 feet; thence S. 57'23'15" W. 180.39 feet; thence along, tips arc of a 73.44 foot radius curve to the left a distance of 70.53 feet, the long chord of which bears S. 30015'28" Yi. 66.93 feet; thence S. 03007'40" W. 593.83 feet; thence S. 00004130" E. 261,15 fret to the `E corner of Imnila Drive as previously dedicated; thence S. 39055'30'-W. 60.00 feet to the UW corner of Impala -Drive -as previously dedicated; thence A. 00'04'30" W. 25D.72 feet; thence N. 03'07'40" W. 597.37 feet; t"enca along the arc, of a i33.44 foot radius curare to tile right a distance of 132.05 feet, th_ bang chord of which bears H. 30'i5'28" E. 121.70 feet; thence ?North 57' 23'15" E. IdO.39 feet; thence along th;a arc of a.93.53 foot radius curve to the left a distance of 99.49 feet, the long chord of which Un-ars ii. 23037'37' E. 94.82 feet; thence N. 00003'07:: W. 570.32 feet; thence S..i;9 39'75" E. CO.00 feet to the point of beginnii;g; containing 2.47%2 acres. to be used for stre,,L p+irposes-an,'for tiia installation and maintenance . of utilities and utility iimas; Dated at Fort Collins, Colorado, this 21 day ofAEri l 197i,. POUDRE SCHOOL DISTRICT R- W IN[11 /s/ By Ward H. Fischer President of Board of Education STATE OF COLORADO) COUNTY OF LARIMER) ss. The foregoing instrument was acknowledged before me this 21st day of April, 19.70, by: Ward H. Fischer as President of Poudre School District R-L, Board of Education. Ruth E. Evans Notary Public i My commission expires: January 18, 1973 Motion was made by Councilman Kissock seconded by Councilman Lopez, that this dedication deed be accepted. Roll wasccalled resulting as follows: Ayes: Councilmen Carson, Lopez, Kissock and Kruchten. Absent: .Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. The following communication was presented and read at length: TO:, City Manager, Tom Coffey FROM: Chief Building Inspector, Gordon F. Clyde.-: ' THROUGH: Director of Public Works, Charles Ligiuin SUBJECT: Zoning Board of Appeals Variance No. 383 - Sign for theCentury 21 Mall. SATE: April 16, 1970 1. On 14 April, 1970, the Zoning Board of Appeals heard and granted a -variance to the Century 21 Mall Corporation to erect a sign 5 1/2 feet higher than permitted by the Zoning Ordinance (i.e,40 1/2' vs. 35'), I was present at the meeting and presented the administration's recommendation in opposition to the variance. Despite our recommendation the vote was four to onein favor. The minutes of the meeting are not yet available from the�City Clerk but the oral testimony failed to develop any hardship peculiar to their - property. .The testimony concerned the lack of maintenance of the property and the aesthetics of complying with our ordinance. It was also stated that the sign was already constructed - j .,again not a hardship that is peculiar to this property. 2. It is my considered opinion that the Board has erred in granting the variance, because no hardship as required by Section 20.1 (2) was shown. I further recommend that you request the City Council to overrule the Board in this decision. I shall withhold issuance of the permit to erect the sign pending your decision on the matter. /s/ Gordon F. Clyde i. Chief Bali-ITiEng Inspector Coordination: Donald E. Reynolds, Director of Planning John Bartel, City Clerk Bob Reed of 'the M ullins Neon Company, was present and spoke regarding the request for the sign for the Century 21 shopping area. He stated that this land is known as University Plaza Shopping Mall. He distributed sketches of the proposed sign, that it is 5 1/2 feet over the ordinance limits, and this applies only to the center torch, the other two torches being within the requirements. He stated that since the sign will'set- back and that there are a number of acres for additional buildings, that the height is justifiable. He stated they appealed for the renewal of this request at the Zoning Board of Appeals meeting on April 14, 1970, and was approved by a vote of Four to one and that on May 1, 1970, he contacted Mr. Clyde the Building Inspector to obtain a building permit. Mr Bartel stated that there was no previous discussion by the Council. Mr. Reed stated he did not know why Mr. Clyde opposed now as this variance was approved by the Zoning Board of Appeals in Decemb er of 1968. Bob Leisen of Century 21 Corporation, appeared and stated that they would be spending a lot of money in Fort Collins and hoped that they would have no trouble with the Building Department. The City Attorney stated that the Council could overrule the Zoning Board of appeals, but did not agree that it is a hardship the fact that it is a large,tract of land 201 and will set back 8 feet, it was his opinion that the decision of the Zoning Board of Appeals was justified. Mr. Pete Sanchez, Mr: John Turner and Mr. John Powers all stated that they had no objection to the sign. Richard Fernando, a C.S.U. student appeared and stated that he thought this sign would effect the aesthetic value of the area and was not fair advertising. Mr. Reed was asked how much expense would it be to cut the sign down to uniform size. Mr. Reed stated that it would cost quite a lot to have to cut off the pipe and covers " or get new ones, stating the sign is standard for all Century 21 shopping sites. Donald Raynolds, the Planning Director, spoke objecting to the sign, stating that South College was cluttered with signs now and did not think they needed any more. After considerable discussion, motion was made by Councilman Kiseock, that the Zoning Board of Appeals decision be upheld, this seconded by Councilman Lopez, Roll was called resulting as follows: Ayes: Councilmen.Kissock, Lopez and Kruchten. Absent: Councilman Troxell, excused. Nayes: Mayor Carson. The motion carried and declared adopted. The application by V. C. Bickel dba Toot n' Moo, 800 North College, for renewal l - of ,a Fermented Malt Beverage License, was presented. The following report of the Police Chief was presented and'read at length: - April 30, 1970 TO: Mr. Tom Coffey, City Manager FROM: Ralph M. Smith, Chief of Police SUBJECT: Application Renewal for Bickels Toot andMoo I Sir: I have checked the records and found that we have not been called to the above establishment regarding any disturbances pr any liquor violations since they'opened. L have checked with the Juvenile Bureau regarding this place of business, and they have advised me that they have not received any information regarding juvenile violations. I know of no reason why this application for renewal should not be approved. Respectfully submitted, /s/ Ralph M. Smith. Chief of Police Motion was made by Councilman Lopez, seconded by Councilman Kissock, that this application be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Kissock and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. j A preliminary hearing on the application by Southland Corporation dba 7-Eleven Store, 505 South Shields, for a Fermented Malt Beverage License, was presented. ;" JI The applicant was informed that the boundaries of the neighborhood are ZQOO feet in all T(fu;a: directions and the hearing date was set for May 28, 1970. Motion was made by Councilman Kruchten, seconded by Councilman Kissock, that May 28, 1970, be set for the hearing of this application. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Kissock and Kruchten. Absent: Councilman Troxell, excused. Nayes; None. The Mayor declared the motion adopted. The transfer of ownership of a Fermented Malt Beverage License by Thrifty Foods 1205 West Elizabeth, was presented. The following communication by the Chief of Police was.presented and read at length: May`6, 1970 TO: Mr. Tom Coffey, City Manager „- FROM: Ralph M. Smith, Chief of Police SUBJECT: G1eh 0. Gates, Applicant for RetailFermented Malt Beverage License - Thrifty Foods, 1205 West Elizabeth S-reet, Fort Collins, Colorado Sir: )®2 7, 1970 i On April 24, 1970, the above subject submitted anapplication for a malt liquor license. On May 6, 1970, this department initiated an investigation into the background of the applicant. The followinging is a resume' of the investigation. PERSONAL HISTORY Glen 0. Gates was born in Lawrence, Kansas on October 26, 1929, He completed 12 years of schooling, graduating from nigh school in Ottawa, Kansas. Mr. Gates has served in the United.. States Army and has an honorable discharge. Mr. Gates and his wife have three children, ages three, seventeen and nineteen. One of these children is attending Colorado State University. Mr. and Mrs. Gates lived in Garnett, Kansas for ten years prior to moving to Loveland, Colorado three years ago. Mr. Gates has no record of being arrested by theis department. Mr. Gates has no apparent problem with alcohol. RECOMMENDATION This officer ca n discover no legal basis to recommend denial of a license to the applicant. - Respectfully submitted, /s/ Ralph M. Smith Chief of Police The City Attorney stated that this does not require a notice of hearing, only Council approval. Motion was made by Councilman Kissock; seconded by Councilman Kruchten, that this license be granted. Rollwas called resulting as follows: Ayes: Councilmen i Absent: Councillman Trox 11 exc ed. Carson, Lopez, Kissock and Kruchten. / Nayes: Done. she Mayor declared the motion adopted. The following report was presented and read at length: T0: Fort Collins City Council FROM: Planning and Zoning Board SUBJECT: #31-70. Consider rezoning petition 'involving approximately 50 acres from RL Low Density Residential to RH, High Density Residential zoning. The FortCollins Planning and Zoning Board considered this item at its May 5,1970 meeting and recommends denial. It was the feeling of the Board that this request for RH zoning was inappropriate both for the original intent of the zone, which is to promote redevelop- ment in the core area, and because it would permit development which would be too intense for this particular area. Petitioner: Several Location: NE 1/4 of the NE 1/4 of Section 22, SW of the intersection of Prospect and shields. Respectfully submitted, /s/ Robert 0. Engelke Acting Secretary Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that the report of the Planning and Zoning Board be accepted. Roll was called resulting as follows: Councilmen Carson, Lopez, Kissock and Kruchten: Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. At the request of Attorney Gene Fischer and after discussion, moltion was made by Councilman Lopez, seconded by Councilman Kruchten, that this petition be referred to the City Attorney to prepare the necessary resolution and notice of hearing. Roll was called resulting as follows: Ayes: Councilmen Carson,.Lopez, Kissock and Kruchten. Absent: Counclilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. The following report was presented and read at length: FROM: Planning and Zoning Board SUBJECT: #28-70. Consider rezoning petition involving 2:76 acres from RL, Low Density Residential to RLM, Low.Density Multiple Family zoning. The Fort•Collins Planning and Zoning Board considered this item at its May 5, 1970 meeting and recommends approval. Petitioners: Faith Realty and Development Company Location: N of proposed shopping center site, east side of College Avenue. Respectfully submitted, /s/ Robert 0. Engelke Acting Secretary Motion was madely Councilman Lopez; seconded by Councilman Kruchten, that the report of the Planning and Zoning Board be accepted and the matter be referred to the City Attorney for proper processing. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Kissock and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. The following report was presented and read at length: FROM: Planning and Zoning Board SUBJECT: #29-70. Consider rezoning petition involving approximately 15 acres from RL Low Density Residential zoning to RLM, Low Density Multiple Family zoning. The Fort Collins Planning and Zoning Board considered this item at its May 5, 1970 meeting and recommends approval. Petitioner: Deines Homes, Inc. Location: N 1/2 of Section 19, between Prospect Street and Edora Park, 1/2 mile east of Lemay Avenue. Respectfully submitted, /s/ Robert 0. Engelke Acting Secretary Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that the recommendation of the Planning and Zoning Board be accepted and the petition referred to the City Attorney for the proper processing. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Kissock and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. The following report was presented and read at length: .FROM: Planning and Zoning Board SUBJECT: #19-70. Consider 10 foot vacation on Pinon Street. The Fort Collins Planning andZoning Board considered this item at its May 5, 1970 meeting and recommended that the Planning Staff proceed to work out the details for an exchange,of ROW on College Avenue for the ROW on Pinon Street. Petitioners: Leon Hoffman, Dora M. Hoffman and Robert L. Sparks. -Location: SE 1/4 of Section 2, SW of the intersection of North College Avenue and Pinon Street. Respectfully submitted, /s/ Robert 0. Engelke - Acting Secretary There was no action.on this report. The following report was presented and read at length: FROM: Planning and Zoning Board SUBJECT: 332-70. Consider amending the C, Commercial zone to include public and private. vocational and technical schools as permitted uses. The Fort Collins Planning and Zoning Board considered this item at its May 5, 1970 meeting,,;, and recommends approval. Respectfully submitted, /s/ Robert 0. Engelke Acting Secretary The followh g memorandum was presented and rea(rat length: `"c 201 April 20, 1970 Memorandum for Record Subject: Use of Second Floor at 225 Jefferson as a Dance Studionin a Commercial Zone. Reference is madeto letter signed by Mel Soderquist dated 6 April, 1970, indicating the use of the upstairs area ss a dance studio. On 14 April, 1970, Mr. Don Reynolds and the undersigned agreed that M- Reynolds is to initiate action to have the commercial zone uses permitted (paragraph 13.1) amended to include public and private vocational and technical schools. /s/ Gordon F. Clyde Chief Building Inspector After discussion, motion was made by Councilman Kruchten, seconded by Councilman Lopez, that the recommendations of the Planning and Zoning Board be accepted and the matter be referred to the City Attorney for the proper processing. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Kissock a.id Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. The following report was presented and read at length: FROM: Planning and Zoning Board SUBJECT: #35-70. Consider revision of Continental Estates First Filing involving approx- imately 22 acres. The Fort Collins Planning and Zoning Board considered this item at its May 5, 1970 meeting and recommended approval. Developer: Harold H. Miller, President Poudre'Alley Construction Co., Inc. Location: South of Drake Road and north of Nelson Lake.. Respectfully submitted, 1 /s/ Robert 0. Engelke Acting Secretary After discussion, motion was made by Councilman Kissock, seconded by Councilman i Kruchten, that the recommendation of the Planning and Zoning Board be accepted and the plat resulting as follows: Ayes: Councilmen Carson, Lopez, be approved. Roll was called Kissock and Kruchten. Absent: Councilman Troxell, excused. Nay es: None. The Mayor declared the motion adopted. Mr. Pete Sanchez spoke in reference to the . llowing: (1) Low cost housing for the community around Pine Street and'Willow Street and the rent to be adjusted according to the family income. (2) It would be nice to have Mexican Americans on the police force, but along with this th4Jleaders of the Mexican community should meet with their people to ask them to support the whole police force, and not to expect favors from the Mexican -American police because they will be doing their job. (3) A1so.I think it would help the community to have a city community center. One with a bandstand which could be used by whole community at little or no cost. (4)_ I would like to have some people in from the Civil Rights commissions, Civil Liberties Commissions to come in and talk to the whold community about their rights. And their' responsibilities as citizens. (5) Some closed circuit T.V to teach every elementary school children in Fort Collins to speak Spanish, because there are a lot of Mexican -Americans who go to school who can't speak English. Eventually they could communicate with each other. (6) We have noticed the differences in the amount of bail set on individuals for the same general offense. We feel that all of the'accused should be treated equally if they are accused of the same offense or some indication should be made as to why 'some are t higher than others as they are reported on the police reports. 7M (7) Also we would like to see Mr. Valdez,at the Buckingham center get a new building with modern equipment, or we should provide more support for community center. - i a 205 a . (8) It would help to have a police atheletic league (PAL) fop thecommunity. I feel if .the police would work with the youth of this town they would get to know each other, and gain each other's respect. (9) We should help police study minority problems and the minorities study police problems together. Mutual discussion groups would help open the lines of communication. (10) For the city to review their hiring procedure to put more Mexican -American in respon- sible positions if they are qualified. /s/ Pete.Sanchez Mayor Carson thanked Mr. Sanchez for coming and for his suggestions, stating that any individual can be heard. Mr. John Turner appeared before the Council regarding the City Sales and Use Tax. He stated that he had received a court citation for failing to pay this tax. He stated that he felt that the City was losing a lot of money from people ''going into other townsand buying appliances, clothes and furniture and this ordinance should either be enforced or changed. Mayor Carson stated there are many problems and a solution is being determined . ".The Director of Finance advised Mr. Turner that the City's figures from tax collections are up 15 to 19%.- Virgil Magerfleisch asked if .At had been or will it now be the policy to have public hearings on zoning changes, even though the Planning and Zoning Board denies the zoning, if the pwtitioner requests same. The Assistant City Attorney stated that it was the usual procedure. Richard Fernando appeared before- the Council protesting the manner the police checked rooms for narcdtics, that they harrassed the residents and were rude. The Mayor asked if the police had search warrants, and Mr. Fernando said they did. He asked questions of the Council on several matters. The Mayor advised him that he should make an appointment with the City Manager, that the Council is limited to policy making, that decisions beyond that are submitted to legislatures and representatives. The followi:_g resolution was presented and read at length: RESOLUTION 70-48 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AGREEMENT TO BE ENTERED INTO WITH THE PLEASANT VALLEY AND LAKE CANAL COMPANY. WHEREAS, in conne-cflon with the construction of a sanitary sewer line it is n--cesary that the City acquire an easement across the right of way of the Pleasant Valley and Lake Canal Company; and 1 WHEREAS, an agreement has been presented providing for said easement, which agree - men thas been approved by the City Attorney and the City Manager. NOW, THEREFORE, BE IT RESOLVED -BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditi_ms of said agreement be and the same hereby are accepted' --and approval; 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 7th day of May, 1970. /s/ Karl E.' Carson Mayor ATTEST: /s/ John Bartel City"Clerk 206 3_ seconded by .Councilman Kruchten, that this Motion was made by Councilman Kissock, was called resulting as follows: Ayes: Councilmen Carson, resolution be adopted. Roll Lopez, Kissock and Kruchten.. Absent: Councilman Troxell, excused. Nayes:-- 'None. The Mayor declared the motion adopted. The following communication was ;resented and read at length: UNION PACIFIC RAILROAD COMPANY May 4, 1970 Dear Mr. Coffey: Referring to your letter of April 7, 1970, to Mr. H. W. Small, Roadmaster, Greeley, Colorado, with reference to the condition of crossings in Fort Collins, etc: Due to the heavy traffic on these streets order has=been placed for prefabricated gum wood material and as soon as material is received,a program of repairs to these crossings will be started approximately June 15, 1970. Yours truly, /s/ D. MacDonald Division Engineer The annual report was presented. Motion was made by Councilman Kruchten, seconded by Councilman Kissock, that report be accepted. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Kissock and Kruchten. Absent: Councilmen Troxell, excused. Nayes: None. The Mayor declared the motion adopted. The following communication was presented: May 6, 1970 Mr. John Tomsik Purchasing Coordinator, State of Colorado Division of Local Government .127 State Services Building Denver, Colorado 80203 Dear Mr. Tomsik: In reference to our conversation about purchase of a four (4) cubic yard Sweeper required by the City of Fort Collins, you may consider this letter as our request for purchase of same through the state combined purchasing plan. There are two options which the City of Fort Collins wishes and these are: Pressurized Cab with bubble windows and a main broom mileage recorder. �. It is under stood that the costs are as follows: 4 Cubic Yard Sweeper $ 11,971.00 Pressurized Cab 290.00 Broom Mileage Recorder (No Previous Price listing) bes _ Total Cost $ 12,261.00 (Est.) very truly yours, /s/ E. M. Kuppinger Purchasing Agent The Director of Public Works asked permission to sell the old one. Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that the purchase of this sweeper be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Kissock and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. Mayor Carson stated that there would be a meeting of the Colorado Municipal League May 15, 1970, at Akron, Colorado, titled "The League and You". The following communication was presented, and read at length: Fort Collins, Colo. April 27, 1970 Honorable Mayor and City Council i City of Fort- Collins, Colorado e Gentlemen: The City Museum Board has suffered the loss of a valued member, 0. C. Ufford, who died April 11, 1970. At its regular monthly meeting on April 25, the Board voted to recommend appointment of Arthur A. Anderson, 707 West Magnolia Street in Fort Collins as successor to Mr. Ufford for the board term ending ALgust 1, 1971. Mr. Anderson has said he would accept the appointment if made by the City Council. Very truly yours, /s/ David Watrous Secretary pro tem. Motion was made by Councilman Lopez, seconded by Councilman Kissock, that Mr:' Arthur Anderson be appointed to the Museum Board. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Kiseock and Kruchteii. Absent: Councilman Troxall, excused. Nayes: None. The Mayor declared the motion adopted. Councilman Lopez stated that he had received a request for a traffic control study at Maple and Sherwood, also again brought up the matter of the dog leash law enforcement. The City Manager stated that an extra man had been hired and the present dog' warden had been relieved of some of his extra duties so he could spend more time as a Dog Warden. There was discussion concerning the acknowledgement of the resolution presented by the A.S.C.U. students. Councilman Kissock stated that a statement should be compiled and made a matter of record. That this resolution was presented in an orderly manner, but that the Councilhas no authority to make any rules, just accept the resolution. Councilman Lopez suggested that the Council forward this matter to the Legislature and Federal Government; that the Council has no jurisdiction to act officially on such a resolution, that we recognize the sincerity of the students and that the City Manager and - City Attorney draft a statement and forward a co p/ of this to our Federal and National i representatives. The City Attorney drafted a statement which was presented and read at length: MOTION The City Acknowledges the receipt of the proposed resolution from the president of the Associated Students of Colorado State University and a large delegation of students of Colorado State University and commends the delegation for their orderly conduct in pre- senting such proposal and their serious purpose. The City Council of the City of Fort -Collins recognizes that it has no auitnrity to either adopt or refuse a resolution on these subjects and therefore, the Mayor shall transmit this pamAposal to the elected federal Representatives of this Congressional District and the Senators from the State of Colorado. Motion was made by Councilman Lopez, seoonded by Councilman Kissock, that this statement be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Kissock and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. Motion was made by Councilman Lopez, seconded by Councilman Kissock, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Kissock and Kruchten. Absent: Councilman Trozell, excused. Nayes: None. The Mayor declared the motion adopted and the Council fijourned. l � � May ATTEST: 0 = f City Clerk