HomeMy WebLinkAboutMINUTES-10/08/1970-RegularMINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held
Thursday, October 8, 1970, at 1:30 o'clock P.M.
Present: Councilmen Troxell, Lopez, Chilton and Kruchten. City Manager Coffey,
City Attorney March and Director of Public Yorks Liquin. Absent: Mayor Carson, excused.
Assistnnt Mayor Kruchten acting as Mayor.
Motion was made by Councilman Troxell, seconded by Councilman Chilton, that the
reading of the minutes of the last regular meeting held October 1, 1970, be dispensed with.
Roll was called resulting as follows: Aves: Councilmen Kruchten, Troxell, Lopez and
Chilton. Absent: Mayor Carson, excused. Nayes: None. The Assistant Mayor declared
the motion adopted.
The following ordinance was presented on second reading:
ORDINANCE NO. 55, 1970
BEING AN ORDINANCE ASSESSING THE COST OF IMPROVEMENTS IN CONSOLIDATED STREET IMPROVEMENT
DISTRICT NO. 62, AND PROVIDING FOR THE PAYMfENT AND COLLECT10N THEREOF
Motion was made by Councilman Chilton, seconded by Councilman Troxell, that
Ordinance No. 55, 1970, be adopted. Roll was called resulting as follows: Ayes: Council-
men -Kruchten, Troxell, Lopez and Chilton. Absent: Mayor Carson, excused. Nayes: None.
The Assistant Mayor declared the motion adopted.
The matter of the C. L. $ D.L. Hadley property being assessed in excess of the
1969 valuation, was again trought up. At the recommendation of the City Attorney, who
had contacted the assessor's office, motion was made by Councilman Troxell, seconded by
Councilman Chilton, that Mr. Hadley's property be reduc ed to one-half of the assessed
valuation of $500.00; and be referred to the Administration for the proper handling. Roll
was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton.
Absent: Mayor Carson, excused. Nayes: The Assistant Mayor declared the motion adopted.
The following ordinance was presented on second reading•
ORDINANCE
BEING AN ORDINANCE AMENDING SECTION 21-4939OFO THECODE,OF90RDINA,NCES OF TEH CITY OF.EORT
COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO THE MAIN CHARGE FOR SEWER SERVICE OUTSIDE
OF THE CITY LIMITS
Motion was made by Councilman Troxell, seconded by Councilman Chilton, that
Ordinance No. 56, 1970, be adopted. Roll was called resulting as follows: Ayes: Council-
men Kruchten, Troxell, Lopez and Chilton. Absent: Mayor Carson, excused. Nayes: The As Mayor.declared the motion adopted. None.
The following ordinance was presented on second reading:
BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY'CTONO. THESCITY970 0F FORT COLLINS, COLORADO
Motion was made by Councilman Troxell, seconded by Councilman Chilton, that
Ordinance No. 57,1970, be adopted. Roll was called resulting as follows: Ayes: Council-
men Kruchten, Troxell, Lopez and Chilton. Absent: a Mayor Carson, excused. Nayes: None.
The Assistant Mayor declared the motion adopted.
The following ordinance was presented on first read;,,,. �_A ___J
BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE ORDINANCE NANCEOFOTHE 3CITY 70F FORT COLLINS BY CHANGING THE
ZONING CLASSIFICATION FOR CERTAIN PROPERTY
Motion was made by Councilman Lopez, seconded by Councilman Chilton, that Ordinance
No. 64, 1970, be considered favorably on first reading, and ordered published this 8th day of
October, A. D. 1970, and to be presented for final passage on the Sth day of November, A. D.
1970. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez,
and Chilton. Absent: Mayor'Carson, excused. Nayes: None. The Assistant Mayor
declared the motion adopted.
The followine ordinance was presented on first reading and read at length:
ORDINANCE NO. 64, 1970
BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS
COLORADO, 1958, AS AMENDED, COMMONLY KNOW AS THE ZONING ORDINANCE AND CLASSIFYING FOP. ZONING
PURPOSES THE PROPERTY INCLUDED I, THE SPENCER THIRD ANNEXATION TO THE CITY OF FORT COLLINS,
COLORADO
j
Motion was made by Councilman Troxell, seconded by Councilman Lopez, that Ordinance
No. 64, be considered favorably on first reading, and ordered published this 8th day of
.October, 1970, and to be presented for final passage on the Sth day of November, A. D. 1970.
Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and
Chilton. Absent: Mayor Carson, excused. Nayes: None. The Assistant Mayor declared
the motion adopted.
The following resolution was presented and read at length:
RESOLUTION 70-100
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING W. J. Boggs, Harry Sobel and Walter
B. PETERSON AS MEMBERS OF THE SENIOR CITIZENS COMMISSION
WHEREAS, three vacancies presently exist on the Senior Citizens Commission; and
WHEREAS, the City Council desires to appoint W. J. Boggs, Harry Sobel and Walter
B. Peterson to fill such vacancies, and such individuals have indicated they are willing
to accept an appointment to such commission.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE City OF FORT COLLINS that
W. J. Boggs, Harry Sobel and Walter B. Peterson be and they hereby are appointed as members
of the Senior Citizens Commission, effective forthwith, to serve a term of four years or
until their successors are appointed.
Passed and adopted at a regular meeting of the City Council held this 8th day of
October, 1970.
/s/ Alvin Kruchten
Assistant Mayor
ATTEST:
/s/ John Bartel
City Clerk
Motion was made by Councilman Lopez, seconded by Councilman Troxell, that this
resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Kruchten
Troxel, Lopez and Chilton. Absent: Mayor Carson, excused. Nayes: None. The Assistant
Mayor declared the motion adopted.
The following resolution was presented and read at length:
RESOLUTION 70-101
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH
THE COLORADO AND SOUTHERN RAILWAY
WHEREAS, in the opinion of the Councii of the city of Fort Collins, it is desirable
to have installed at the crossing of the Colorado and Southern Main Line and Drake Road in
the City automatic flashing light signals with audible warning devices; and
WHEREAS, pursuant to the provisions of Section 115 - 4 - 6 C.R.S. 1963, as amended,
an agreement has been prepared providing fot the installation of such devices; and
WHEREAS, under said agreement the City of Fort Collins will furnish the cantilever
masts, arms , and mast foundations and install the same, and said -Railroad will furnish all
other materials and.labor required of complete said installation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that
the terms and conditions of said agreement be and the same hereby are approved and accepted;
and
BE IT FURTHER RESOLVED that the Mayor and City Clerk b e and they hereby are
authorized and directed to execute said agreement for and on behalf of the City of Fort
Collins.
!! 4
Passed and adopted at a regular meeting of the City Council held this 8th day of
October, A. D. 1970.
/s/ Alvin Kruchten
Assistant Mayor
ATTEST:
/s/ John Barb�I
i y er
The City Manager stated the State pays 80% of the cost, the Railroad 10% and the
City 10%. Motion was made by Councilman Troxell, seconded by Councilman Lopez, that this
resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Kruchten,
Troxell, Lopez and Chilton. Absent: Mayor Carson, excused. Nayes: None. The Assistant
Mayor declared the motion adopted.
The 'following communication was presented and read at length:
October 5, 1970
TO: Honorable Mayor and Councilmen
THROUGH: Mr. Tom Coffey, City Manager
FROM: Mr. Ed Kuppinger, Purchasing Agent
SUBJECT: Req. #304-1608, 1609, 1610: Tire Requirements, 1970.
Bids have been received and evaluated covering consideration for purchase of
Various Winter and Hiway Tires. Five Invitations To bid were sent; five were returned.
A compete summary of the bids is attached.
Mr. Floyd Wiegers, City Shop Superintendent, has evaluated the bids and all speci-
fications have been met by the log. bidders. The recommendation is that the contracts be
awarded to Goodyear Tire & Rubber n the amount of $477.90; MillerTire Sales in the amount of
$882.00 and Poudre General Tire in the amount of $1,934.28.
Respectfully submitted,
/s/ E. M. Kuppinger
�Ootion was made by Councilman Lopez, seconded by Councilman Chilton. that the
recommendation of the Purchasing be accepted. Roll was called resulting as follows: Ayes:
Councilmen Kruchten, Troxell, Lopez and Chilton. Absent: Mayor Carson, excused. Nayes:
None. The Assistant Mayor declared the motion adopted.
The following communication was presented and read at length:
October 7, 1970
TO: Honorable Mayor and Councilmen
THROUGH: Mr. Tom Coffey, City Manager
FROM: Mr.Ed Kuppinger, Purchasing Agent
SUBJECT: Transformer Bids, Requisition 301-2380
Bids were received on September 14, 1970 for the consideration for purchase of
twenty-four 10 KVA Transformers and fifteen 25 KVA Transformers. Four Invitations to Bid
were issued to cover the requirement for the above transformers. Eleven working.days later
(September 29, 1970), bids were opened and only two vendors responded. Investigation re-
vealed that.of the two non -respondents, one failed to forward his information to the factory
for bid and the other was not successful in getting his inimation from the factory i:i time
to meet the bid date.
A complete tabulation of the bids is attached.
Mr. Bob Kost, Senior Electrical Engineer, has evaluated the bids and all speci-
fications have been met by the bidders as indicated. The recommendation is that RTE
Corporation be awarded a contract in the amount of $6,942.00 and that Mine $ Smelter Supply
Company be awarded a contract in the amount of $3,465.00.
Respectfully submitted,
/s/ E. M. Kuppinger
Motion was made by Councilman Lopez, seconded by Councilman Chilton, that the
recommendation of the Purchasing Agent be accepted. Roll was called resulting as follows:
Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton.• Absent: Mayor _Carson, excused.
Nayes: None. The Assistant Mayor declared the motion adopted.
375
u
The City Manager stated that he had been asked to repair several of the City owned
houses on North Meldrum Street and lie requested the Building Department to inspect same and
submit a report. He stated most of these houses are in very bad shape and not fit to live
in and'that he had received a report that four of these houses would cost several thousand:
dollars each to repair them to a livable condition. These houses axcat 212, 226,230 and..
t 234 North Meldrum. He recommended that all houses except 220 North Meldrum be demolished
before the.-�.first of January and inform the tenants to vacate by December 1, 1970. Assistant
Mayor Kruchten :stated he believed the recommendation of the City Manager is of the best
interest to the City. Motion was made by Councilman Lopez, seconded by Councilman Chilton'
that the recommendation of the City Manager be approved. Roll was called resulting as
follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent. Mayor Carson
excused. Nayes: None. The Assistant Mayor declared the motion adopted.
Councilman Troxell expressed his opinion that the City give those that arg living
there now time to find something else .
The following report was presented and read at length:
October 2, 1970
TO: Tom Coffey, City Manager
FROM: Ralph M. Smith, Chief of Police
SUBJECT: Pancho's Cafe
Dear Sir:
This Department has had no problems with the above named establishment.
I have checked with the Juvenile Bureau, and we haven's had any complaints regarding this
place of business selling beer to minors.
I.know of no reason why their renewal should be denied.
Respectfully submitted,,
/s/ Ralph M. Smith
Chief of Police
Motion was made by Councilman Lopez, seconded by Councilman Chilton, that this
report be accepted. Roll was called resulting as follows: Ayes: Councilmen Kruchten,
Troxell, Lopez and Chilton. Absent: Mayor Carson, excused. Nayes: None. The Assistant
Mayor declared the motion adopted.
The Assistant Mayor stated the balance of the items on the agenda are routine and
since there are a number of people in the audience, he suggested to the Council the next item
be comments or questions by the general public.
Joe Rice, Traffic Engineer, was present and spoke regarding bicycle lanes ,and the
proposed locations. He stated the proposed route from the west be from City, Park on Oak
east to North Grant, south 1 block to Olive and east to Smith, northland south on Whitcomb
from Cherry to Laurel, on the east side of town on Peterson, from Mountain to Prospect and.
on Edwards from Stover to College.
Paul Wood was present and spoke stating• that, he is in business on Olive Street
and this bicycle lane would eliminate three or four parking spaces that this was the last
corner to make a left/onnCollege until Laporte Avenue. That he needed the parking space
and hated to lose them. He suggested putting lanes on Magnolia, that the only business this
would interfer with would be on the Bank. Mr. Rice stated they planned to redo Some
of the streets and Magnolia would be one way in the future.That he considered it as being
closer to the downtown area. One person stated she did not see.any sense.for the lanes as
she has to park diagonal on Peterson Street and why was it started as there is not much bicycle
traffic. Bill Spars. stated for the safety standpoint, that there had been auto -bicycle
acci-dents and he felt there is a need for bicycle lanes. She stated that there would be more
accidents from parallel parking. Assistant Mayor Kruchten stated there are more than
i5,000 bicycles in the City. Mrs. Dale Dobson stated that on Edwards Street, where she lives,
376
October
11��
there is not enough room to park in the front of their house, as there are apartments next
door who have cars, they do not have a driveway, and what were they supposed to do. Assistan
Mayor Kruchten stated that this is an individual probles and not on a for the City Is respon
sibllity. Harold Warren, On71er of the property at 121 Kest Olive, stated that there were two.
bicycle accidents in front of his place, and one was his? hitting a door on a car parked
parallel, that lanes eliminate parking thereby creating.a detriment to do-ntoxn businesses
and are only for the benefit of bicycles. He stated people will be forced to sell their pro
perty and asked who paid for the curb, gutter, etc. He stated that he was for the lanes but,
most of our accidents are not caused from bicycles. He stated that West Olive would accommo-
date 29 cars parked diagonal, but with the bicycle lanes, there will only be 7 or 8, that he
is concerned with safety, but also concerned with survival. Assistant Mayor Kruchten stated
that he thinks lanes will be permitted, that these lanes will'be on a trial basis, that if it, i
works, it will be continvad, and if not, will be discontinued. A lady in the audiance
asked when will one way streets be put in. The City Manager stated he was checking the
downtown project, that he thought in about a month if petitions were presented, or by next
summer.
There was considerable discussion both for and against bycycle lanes. Bill
Sears suggested a committee be appointed to solve the problem and lanes be on a trial basis
instead of arguing and taking any more of the Council's time.
Councilman Lopez asked the Traffic Engineer to make a study of Magnolia Street,
that the Council should consider the businesses that will be affected.
The following report was presented and read at length:
TO: Fort Collins City Council
FROM: Planning and Zoning Board`
SUBJECT: $60-70. Recommendation s of locatvns for the HB, Highway Business Zone.
The Fort Collins Planning and Zoning Board considered this item at its October 6, 1970,
meeting and recommends approval of the staff recommendation.
Location: Staff recommendation: All property on South College Avenue, from Prospect
Street south to the City limits presently zoned BG, General Business and C, Commercial, and
all property on North College Avenue from Hickory Street north to Grape Street, presently
zoned BG, General Business.
Respectfully submitted,
./s/ Rick Cisar
Acting Secretary
Motion was made by Councilman Lopez, seconded by Councilman Chilton that the
recommendation of the Planning and Zoning Board be accepted and the matter referred to the
City Attorney to prepare the necessary resolution and notice of hearing. Roll was called
resulting as €olb ws: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent: Mayor
Carson, excused. Nayes: None. The Assistant Mayor declared the motion adopted.
The following report was presented and read at length:
TO: Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT: #66-70. Consider zoning for the South College First Annexation involving 57,67 acres_',
Present county zoning, C, Commercial and I, Industrial districts. Staff recommendation: HB
Highway Business zoning.
The Fort Collins Planning and Zoning Board considered this item at its October 6, 1970, meeting
and recommends this area be placed in the HB, Highway Business District
Owners: Several
Location: East 1/2 of Section 26, south of the City Limits, bounded by the C $ S Railroad.
ROW on the_west and South College Avenue on the east.
3771
�Y
,Motion was made by Councilman Troxell, seconded by Councilman Chilton, that the
recommendation of the Planning and Zoning Board be accepted and the matter referred to the
City Attorney to prepare the necessary resolution and notice of .hearing. Roll was called
resulting as follows: Ayes: Cauncilmen Kruchten, Troxell, Lopez and Chilton. Absent:
Mayor Carson, excused. Nayes: None. The Assistant Mayor declared the motion adopted. 1
The following report was presented and read at length:
TO: Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT: #65=70. Consider two (2) foot vacation of Ponderosa Drive.
The Fort Collins Planning and Zoning Board considered this item at its October 6, 1970
meeting and recommends approval.
Petitioner: Imperial Homes Construction, Inc.
Thomas R. Wilson, Vice President
Location: NE 1/4 of Section 16, between Orchard Street and Mulberry Street.
Respectfully submitted,
/s/ Rick Cisar
Acting Secretary
Motion was made by Councilman Troxell, seconded by Councilman Lopez, that this matter
be referred to the City Attorney for preparation of an ordinance on same. Roll was called
resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent:
Councilman Carson, excused. Nayes: None. The Assistant Mayor declared the motion adopted.
The following report was presented and read at length:
TO: Fort Collins City Council {
FROM: Planning and Zoning Board
SUBJECT: #89-69. Consider zoning for the Overland Trail Annexation involving approximately
243 acres. Present county zoning, FA, Farming District, R, Residential District, and'T,
Tourist District zoning. Staff recommendation: RL, Low Density Residential zoning.
The Fort Collins Planning and Zoning Board considered this item. at its October 6, 1970 meeting
and recommends this area be placed in the RL, Low Density Residential District.
Owners: Several.
Location: Portions of Section 16, not currently in the City limits, (Map on file at the Planning;
Office).
Respectfully submitted,
/s/ Rick Cisar
Acting Secretary
Motion was made by Councilman.Troxell, seconded by Councilman Chilton, that the
recommendation of the Planning and Zoning Board be accepted and the matter referred to the
City Attorney for preparation of the proper resolution and notice of hearing. Roll was called
resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent:
Mayor Carson, excused. Nayes: None. The Assistant Mayor declared the motion adopted.
The following report was presented and read at length:
TO: Fort Collins City Council
FROM: Planning and Zoning Office
SUBJECT: #37-70. Consider zoning for the Southwest Annexation involving approximately
270 acres. Present County zoning, FA, Farming District, FA1, Farming_ District,
E1, Estate District, and R, Residential District zoning. Staff recommendation:
RL, Low Density Residential zoning.
The Fort Collins Planning and Zoning Board considered this item at its October 6, 1970 meeting
and recommends this area be placed in the RL, Low Density Residential District.
Owners: Several
Location: Portions of Sections 16-21 and 22 not currently within the City Limits,. (Maps
on file at the Planning Office)
Respectfully submitted,
/s/ Rick Cisar-
Acting Secretary
i
October 8, 1970
c d q
a
Motion was made by Councilman Troxell, seconded by Councilman Lopez, that the
recommendation of the Planning and Zoning Board be accepted and the matter be referred to
`to the City Attorney for the necessary resolution and notice of hearing. Roll was called
resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent:
v ; , Assistant
Mayor Carson, excused. Nayes: None. The/mayor declared the motion adopted.,
The following report was presented and read at length:
TO: Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT: #68-70. Consider plat of the Elliott -Miller Foothills West 8th Filing involving
t' 9 lots with RLM, Low Density Multiple Family Zoning.
The Fort Collins Planning and Zoning Board considered this item at its October 6, 1970
meeting and recommends approval.
Developer: Foothills West Development Corporation
Alvin L. Miller,President.
Location: NIV 1/4 of Section 21, south of Overland Trail and West of the City limits.
Respectfully submitted,
/s/ Rick Cisar
Acting Secretary
} The City Clerk stated that the utility agreement has been approved by the City
Engineer. Motion was made by Councilman Troxell, seconded by Councilman Chilton, that the
recommendations of the Planning and Zoning Board be accepted and the plat be approved. Roll
was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton.
j!
Absent: Mayor Carson, excused. Nayes: None. The Assistan t Mayor declared the motion
{` adopted.
Acting Mayor Kruchten declared the Council recessed and reconvened as a Liquor
i; Licensing Authority. -
This being the final hearing on the application for a Hotel Restaurant Type Liquor
License by the Hall of Fame Restaurant, Inc., dba as the Out of Bounds Resturantat 200 West
Mountain Avenue, the Acting Mayor presented and read the following rules.
i
HEARING PROCEDURE
Liquor Licensing Authority
City of Fort Collins
1. The Chairman, upon calling the meeting to order, makes the
following opening co,.;ments:
This is a public hearing before the Liquor Licensing
Authority of the City of Fort Collins to -determine
whether or not the application of Hall of Fame,
The. fora Hotel -Restaurant type
retail liq� u0r license at _ 200 West Mountain Avenue
should be granted or denied. This hearing is conducted
pursuant to the 7a,:rs of the State of Colorado and the
rules of the Liquor Licensing Authority of the City of
Fort Collins.
The purpose of this hearing is to receive information,
data, and testimony by interested parties in order to
enable this Authority to mace the findings and'reach
the conclusions required to be made by state lag as
to whether or not the retain liquor license applied for
should issue.
A record is being made of these proceedings so that
those who desire to be heard must identify themselves
by name and address.
,• ter? g'�
379
a
r.
WI
The order of`this hearing will be: first the results
of the preliminary findings; second, the applicant is
given the opportunity to present evidence he desires
to submit; next, interested parties may present or
submit mailers to this Authority.
Interested parties are residents of the neighborhood
under consideration, or owners or managers or any
business located therein. s
The Authority may give the applicant an opportoil
unity
to rebut matters submitted by interested parties if
the Authority should feel that rebuttal is desirable.
Interested parties and the applicant may be represented'by
counsel.
Insofar is practicable this hearing will `e consuctev
in conformity with the rules of civil procedure. ;l
testimony shall be given under oath, which wiII ;_
4dministered_by the Cle__ro or reporter,_i; nutheri zed
to administer oaths. Exhibits shall first be ra';er:
and then identified before offering them to the chaibnar,
for admission into the record of this proceeding. The
City Attorney will rule on the question of admissibility
of all exhibits and testimony and his ruling will stand
unless objected to by a member of the Authority during
the hearing, in which event the question of admissibility
will be decided by the majority of the members of the
Authority present. A record will be kept of evidence
refused or testimony rejected.
The burden is upon the applicant to satisfy this Authority
that the reasonable requirements.of the relevant neighbor-
hood for the kind of license applied for are not presently
being adequately satisfied.
Concerning the neighborhood for this application, the
preliminary findings refer to an area with a one mile
radius from the proposed outlet. This area was established
for the sole purpose of determining the number of existing,
similar outlets. It should be understood that this area
is not necessarily the neighborhood which the Authority
will consider relevant. All interested parties are
encouraged to address their presentation to this point.
Cross-examination of witnesses testifying at this hearing
may be permitted. However, it should be clear that the
Authority will limit cross-examination which adduces
cumulative evidence or repetitive examination or in order
to protest witnesses against harassment or embarrassment.
A resolution setting forth findings on a preliminary hearing on .the liquor
license application of the Hall of Fame Restaurant, Inc., dba Out of Bounds, for a Hotel j
Restaurant Liquor License, which was presented and read October 1, 1970, was again
resented d d
p an Tea .
The Acting Mayor stated that the files did not show any opposition.
i
Mr. Dean Olson, Attorney, was present and presented Dick Rutherford,'1049 Briarwood;
who was swornipor testimony. He stated he was a special engineer and land surveyor. Mr.
Olson presented opponents Exhibits 1 and 2 which were admitted by the Acting Mayor. Exhibit'
2 was a plat prepared in their office, showing Block 21 and 41 and Exhibit 1 was a part of
a ;yap of Fort Collins showing these two blocks. Mr. Rutherford was asked if he was familiar
with St. Joseph School and Church. Mr. Rutherford stated he was. He was asked to describe
the measurements and how they were made. Mr. Rutherford stated from the property line,
down the alley and on Mountain Avenue, there being a mark, that he used a 200 foot tape to
measure. He stated that from the SE corner of the school property is 415 feet by way of the
alley running east and west between. Laporte and Mountain Avenue, and 310 feet between County`
Square and St. Joseph Church property line.!
M
u
Mr. David Osborn, Attorney for the applicants, stated that the County Square
building is 370 feet from the church on West Mountain and 545 feet from the: school through
the alley, it is 41S feet from the church.e;
Mrs. John Reid, Librarian for the St. Joseph School for 5 years, was present and ;
was sworn in for testimony. She stated she worked every day during the school year and
'only two days the balance of the time. S:.a was asked if she worked in the school proper
and if there was more than one building. She stated that the school and church are not
connected, only by a roof and the school is north of the alley. Asked if she was familiar.
with the alley east and west and if she could ob serve this alley. She stated she could
.3
no;.,only when parking her car. She stated she had .seen adults walking east in the alley and
expected they were going to Tolivers. Asked if she had ever seen any children using the
alleyway. She stated she had seen three adults in the past month. That it had been just -t'1
since Toliver's had move•'-. She was asked if she was `amiliar with the use of the church
building on Mountain and Howes. She stated 'she was. That it was used 5 times a month —
and more during Lent and approximately 8 times during May. That they have Sunday Mass
and practice singing at 8:00 o'clock during school term. Asked if this was compulsory..
She stated it was not. Mr. Osborn asked Mrs. Reid how many she observed last month using.
the alley. She stated three or four people. Asked how many in school. She stated that
these are not all Catholic, that out of 290, there are less than 10% not Catholic: ths:
Reid was asked if all the singing had to do with religion and part of the training. She '
stated the singing was mostly in school, the main purpose of church is religious practice,'
and practice as a group in church. Asked how many hours a week is used for other than
church practice and are any subjects given in the church. She stated no. Asked if a
majority of them are given church training. She stated yes. Asked what direction to
Tolivers from the Square. She stated directly north. Asked if the practice singing is
for church services. She stated no. Councilman Troxell asked if this alley was paved,
she stated no. (,Yi 6046CA
w Mr. Howard Fisinger of 155 Fairway Lane, was present and was sworn in for testi-
opponents Exhibits 3, 4 and 5, irhich were certified copies of
mony. Mr. Olson presented
b
deeds sho;aing ownership of school property. These were received/ihe Acting.Mayor. i
., The City Attorney read from the Colorado Revised statues that the building cannot be located
within 500 feet from any public or parochial school. Since the teachers were not able
to be present, Mir. Olson presented four affidavits, signed by the Sisters, stating they
were familiar with the alley, Tolivers and the area. Acting Mayor Kruchten stated the
affidavits will be received for what ever they are worth. Mir. Frisinger stated he was
+Professor of Math at C.S.U. and associated with the Poudre Valley Church Council, a new
'body, helping run the Church. He stated that -St. Joseph is the owner of property where
shcool and church is located. One building on Mountain, west of church is for education
of children that are not now in school, and the building west of the corner -is housing
for 8 nuns that teach in school. Acting Mayor Kruchten asked if this was the only one
close to the church. He stated there is the Rectory and the next building where the Pastor
resides. No further questions. Attorney Olsen stated he would present his arguments
dater. Attorney Osborn presented no witnesses.
Attorney Olsen read from the Colorado Revised Statutes, Paragraph A $ B, Subsection
5, which stated this establishment has to be at least 50O.feet from any school. That he is
unable to find a case that he had the survey made, that the statues do not say a certain
route, only a route by pedestrian traffic, that the measurement was taken to the nearest z
portion of building, that the alley is used frequently for school purposes.
a
eUX
I
Attorney Osborn stated that it is clear that we are talking about a school and
school purposes, that the alley is unpaved, very few use it, but the direct access is along.
the sidewalk, and is 540 feet from the County Square to the School. He asked the Council"
to consider the preliminary findings so that we can proceed with our application. Acting ,
Mayor Kruchten stated they would consider distance, that the file shows more than 500 feet xlr
Mr. Edwin Massey was present and was sworn in as a witness by Attorney Osborn. He
stated he was an officer in the Corporation.. That they changed the trade name, but it
made no difference. Asked about his background. He stated he was associated with
Daniel W. James, James Carson and Doug Cogswell, that he and Janfes Carson`were the owners of,.
'three restaurants, two in Boulder and one in Denver at Cinderella City, that he resides
in Boulder and that they had put their resources together for this restaurnat. He stated
that James Carson lives in Fort Collins, that they will put $100,000.00 in restaurant;
$30,000 from stock holders,$30,000 from Mrs. Mattingly and $40,000 from Nobel, Inc. He
stated that Bill James and he will own and operate this restaurant. That they specializes -
in fast service, they investigated Fort Collins for two years and were impressed with the -
downtown area. He stated they were aware of.the other outlets, that there were four
mentioned but they only knew of three. He stated the general concept would be different and
the preparation of food would be more modern. He said they had circulated petitions in
Fort Collins and had 1197 notarized signatures. These petitions were presented as
applicants Exhibit A. and were accepted by the Council..
Mr. Massey stated they will have separate banquet facilities that can be served from ;
the kitchen and will serve an average of 65 and have a capacity of 200 in the restaurant '^
and food service at all times from 11 A.M. to 2 P.M. That it will be decorated in the Gay J
Ninties theme and will have a split level with two fireplaces.
Applicants Exhibit B was 6 copies of menus and Exhibit C was the sign and front i
of the building. These were received by the Council.
He stated that Cogswell, James and Carson, all members of the Association, have some.
business.background.
Mr. Kenneth Taniguchi was present and sworn in for testimony. He stated he was.an
architect -and designed this project. He stated he had done several residential jobs, that
he went to school at the University of Colorado, and was originally from Hawaii: He
stated that on September 29, 1970, he called Mr. Clyde of the Building Inspection office,
i
and found out there were several deficiencies in the plans. He stated that Mr. Massey'
and himself met with the building inspectors to -fin d what the Code restrictions were. Mr.
Clyde gave us a list of items to consider, that we want to comply in every respect with all
requirements. Applicants Exhibit D was a letter identifying Taniguchi and Associates.
He was asked if they had any plans with them today. He stated they have revised plans
and specifications as requested. The Exhibit.was received by the Acting Mayor. Exhibit
E was construction plans provided by Mr. Taniguchi's office for the restaurant. Exhibit F
was
was building specifications and comply in every request. This received by the Acting Mayor.
Councilman Troxell asked if these plans had been submitted to the building office and meet
all requirements. Mr. Osborn stated they had. Councilman Kruchten stated that these will
not be considered until all requirements have been met.
Assistant City.March, Jr. appeared for the remainder of the Council.
Mr. March asked if this restaurant would take all the County Square. Mr. Massey
stated it_would take up approximately 50 x 100 feet on the west side of the building. That
the building will be divided into several dining rooms, that the larger area in the back will
be the banquet room. That their approach in this is to get a comfortable area, that it
Will be very interesting and unique for Fort Collins, will be a skylight and a 19-hole flag
as you enter.
382-
Mr. Massey was Ye -questioned and asked about packing speces for the public. He
` stated this has been arranged for by Taniguchi, that there would be one parking space for two,
employees, that Mrs. Moore and Mrs. Mattingly have two spaces and have leased 5 eitra space
from Robertson Piintins. yy:i ants Exhibit G ::as a ;mitten agreement on the 5 parking 3: ;
spaces. This was received by the Council.
was a definite need for a good restaurant in the
Attorney Osborn stated that there
downtown area, that the applicants are really interested ir. this project and it will be a
real asset to the community. He stated if you do grant this license and if the Building
1 d t mend the lans
Inspector.feels that they have not met the requirements, ;,ill be g a o a p
Acting Mayor Kruchten stated that if there no more objections, will consider the hearing
i
closed and take this under advisement to submit a decision_ at a later date.
i
The Acting Mayor declared the meeting reconvened as a Council.
The Assistant City Attorney stated their firm have a new lawyer and would like to '
i have Ramsey`D. Myatt appointed as an Assistant City Attorney. Motion was made byCounclmar
Troxell, seconded by Councilman Chilton, that this request be approved. Roll was called
resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent:
Mayor Carson, excused. Nayes: None. The Assistant Mayor declared the motion adopted. 3
A memo on taxes and Franchise from the Light Plant was presented and placed on file.
The City Manager presented a refund from the Gas Company of $1,476.75 for the
period from April 18, 1970 to September 31, 1970.
The City Manager stated he would like to have a•work session with the Council next
Wednesday, October 14,.1970, at-7:00 P.M. on the Budget. '
Mr. Joe Rice, Traffic Engineer, stated he is not -sure where he goes from here on the
bicycle lanes as no action was taken at the last meeting. Acting Mayor Kruchten suggested
we try a portion on a trial basis and if a further need exists, can go from there. The
City Manager stated the lanes will go pretty fast when Mr. Rice gets going and asked if
the Council wanted five streets or one street. Acting Mayor Kruchten said to report back
next week.
Councilman Lopez stated he was not completely sold on the bicycle routes. That the
streets jog north and -go into Oak Street, that we have not been informed when Magnolia -will
become a one-way street, and that he is not convinced that this is not a better route
than. Olive Street. He suggested this be deferred another week. Councilman Chilton.
stated he would like to see it postponed as the way it is now, it goes further into town.
Councilman Troxell stated he does not think the sign is effective showing the bicycle lanes,
that we use the internaional system instead and use more pictures. This matter was postponed
until next week.
Motion was made by Councilman Chilton, seconded by Councilman Lopez, that the
Council'adjourn. Roll was called resulting as follows: Ayes: Councilmen Kruchten,
Troxell, Lopez and Chilton. Absent: Mayor Carson, excused. Nayes: None. The
Acting Mayor declared the motion adopted, and the Go pcil'adjourne .
to t Mayor
ATTEST:
City Cle'
4