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HomeMy WebLinkAboutMINUTES-03/18/1971-Regular117 MINUTES 017 A REGULAR MEETING 01: TH1? COUNCIL OF THE CITY OF FONT COLLINS,11eld March 18, 1971, at 1:30 o'clock P.M. Present: Councilmen Carson, Troxell, Lopez, Fead and Kruchten. Cit%,ilanager I, Coffey, Assistant City Attorney* March and Director of Public Works Liquin. Motion was made by Councilman Kruchten, seconded by Councilman Troxcll, that the reading of the minutes of the last regular meeting held March 11, 1971, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None. The mayor declared the motion adopted. .Ralph Smith, Chief: of Police, was present commending Officers Spencer. and Hemby for their quick action in apprehending the men ?<ho robbed the MagnovoX store here, also Sergeant Sci.b, the commanding officer, for his part in the training of these men. Mayor Carson stated that on behalf. of the Council and City of Fort Collins I would like to express appreciation for the professi.ona.lism in conducting your duty, also encourage your sergeant tile a for Prt he did in th0 traini.ng of your kind. Mr. Alden Hill, Attorney, representing Bill A7eti.er, in the hearing of his appli- cation for a Fermented 'Malt Beverage License; at City Park Nine Golf Coursq was present and questioned Dir. Metier regarding this license. Mr. Metier i;,as sworn in by the Court recorder and stated he was 45 years of age, lived at 1204 Morga11, had been in Fort Collins for 6 1/2 years, graduated from Spencer high School in 1943, served in the Navy as an officer and pilot until 1945, graduated from the University of Iowa in 1.949 and went to work for the newspaper. In 1962 he became a golf pro at the Warren Air Base in Cheyenne and in 196S he came to Fort Collins. He stated he had two children 16 and 18, that he applied for a Class "C" license and the premises had been posted accordingly. Mr. Allen presented Exhibit D, which Mr. Metier identified, stating this was the outlets and class of this application. Mr. Metier stated that Sirs was the closest outlet, at 1220 West Elizabeth, this was recci.ved by the Council.. Exhibit A and B were identified as a petition circulated by fir. Metier consisting of 85 signatures for this location, he stated that two people objected to signing this petition.. Mr. Metier stated he would sell the beer from the same place where he sells pop now, that he would continue to have pop and sell sandwiches that were already made up. He stated he would have Randy Byers and Bob Warner helping hi.m at the Golf. Course, that Randy was at the Country Club since 1967 and would become a PGA Asdstant Pro in another 8 months. He stated that Loveland had served beer. at their golf course for the past two years and had had no problems. lie stated that beer i•;ould be served in paper cups at the Club House and pa,,.io area and that the age that: came there to play golf were from 10 to 90, that 8So were under 18. It was stated by the Council members that the City is the licensing authority and also the governing body and, there were problems with thi.s kind of jurisdiction, and asked the Assistant City Attorney for an interpretation. The Assistant City Attorney stated that the application is for the Golf Course but can designate the area for serving this beer. Mayor Carson stated he would like to see the area restricted to the Club house and patio area. It was suggested that this be placed in the condition of granting the license. Exhibit C was identified as a petition was of 10 people who live outside of the City :,ho support this license. This/received by the Council. After further discussion and questions from the Council, the Mayor declared the hearing concluded and the liccnse be taken under consideration. Tlu s being the date of the proli.mi.nary hearing on the application of Pete Sakal.a., dba DePalma Pizza Delicatessen, 119 West Oak, for a fermented Malt Beverage License, Ted Schmidt Attorney representing this establishment, wi.s present• stating that Mr. Sakala was the owner and President and presented Exhibit A which was a petition circulated among the customers of the i)ePal;,l;elicatessoai. The boundaries were set south on Laurel, hest on Shields, north on C$;SRailroad tracks and east to Whedbec to Riverside and Mountain. Motion was made by Councilman Lopez, seconded by Councilman Fead, that th:•Sse boundaries be approved. o!l ws called Yesuas Follows: :Ayes: Councilmen Carson, Troxell, Lopez, Fead and Ki'L Z c a vc 5 :ic;..,. The Matior declared the motion i!dopt.ed. 118. March 18, 1971 After discussion, motion was made by Councilman Lopea, seconded by Couur.ilman Troxell, that April 22, 1971, be set as the date of the hearing of this license. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and kruchten. Naycs: None. The Alayor declared the motion adopted. i The following ordinance was, presented on second reading: ORDINANCE NO. 16, 1971 BEING AN ORDINANCE A1,1E-NDING CHAPTER 15 OP THE CODE OF ORDINANCES OF THE CITY OF PORT COLLINS , COLORADO, 1958, AS AiNFNDED, RELATING TO LOCAL PUBLIC IMPROVEMENTS, 771E CREATING O1: SPL:CIAL IMPROVE"TENT DISTRICTS, AND THE ASSESSMENT OF THE COST OF LOCAL PUBLIC IMPROVEMENTS AGAINST PROPERTY SPECIALLY BENHF17FED TI;EREBY Mr. Arnaud Newton, Attorney, ,.gas present protesting the amended version of an ordinance giving the Council authority to order in pavi-ng and other improvements, stating i that in the past improvement distr:ictshave been petitioned for by property owners involved, that this ordinance gives the Council authority to override objections by the property owners, that people involved in improvements should be able to have something to say. Mayor Carson asked Mr. Newton if he would feel more comfortable if this required a unanimous, vote Of the Council instead of justt four members. The City Manager stated that at the request of some of the residents of the Sheely addition, we looked at the streets and agreed that something should be done, that they were not up to City standards vdien they were laid, staffing that most of the districts are initiated by the Council by unanimous vote and that they are not ramming any improvements down people's throats, but need to protect the children that have to use these streets. Duanc Barnhart was present: objecting to this ordinance, that improv.emcnt district should require a unanimous vote of the Council. The following communication was presented and read at len-Dth: Dr. Kerl Carson An-, the City Cou::cil City Of :'or't Collins Fort Collins, Col-orado Gentlemen: •inclosed is a .letter I,,nich I ri L na as t yen/intended to sc :,. �.o Hr. Bin&_,, .n several .;so,;s a�c Since . � that lctt s,. written, a ne,%, ordinance ._as core before you hiC,, I uncer stand has been D3.sscd Or, first rea and may �"-'.in � a y CC"•C- u_J for COn silderat-On again at the next council uectin . It ';iould an —,ear _Toil the descrin'—on of the ercainan,e ,iven in the Coloradoan and _ later statcwcnt 'bu�:c to a "r. .-'Alen, that the ordinance ;iculd give Council al-:ost absolute control in the determination c' - ' orovcmcnt., ld c d a �-- silot. b maae. ... ;then states, 'nd.ere uhn.t this ordinance z-,oulc be 7,rosSly unfair. r;ith all d„e res-ject, -vre urgently rncuest that t:^as 0--'' ante be ci the.' rejected outri7_i:t- or 2.t lea=t t2.bled until more discussion can be br0u:ht t0 bear, t,�cCp-nJ t-...,J l;;J Yours� . 1 C ^res- ect Lane 'oY't '"G11-'_ns Afl,er discussloTi, lmoi].on Idas !!1,^,jG i lmlail F0ad thatordinance . 16, 1971, be anneudcd to read"by an affirmative vote of all of its members" in Section 15-57-C. Thi.s Iv3S seconded by Couc,;111nan Lopez. Roll was calla, resl11t1P.� as f01101 S: ��_ Ayes: Culn2.i, mom Carson, 'Cro:;^l.l, Lopez, Fend a:nd fa'ucht:ea. Naves: Alone. Tile mayor declared the s!ot:ion adopted. 119 — -- - ------ -- — ---- ----._Mar-ch_15:,-1.97.1--- Motion was made by Councilman Lopez, seconded by Councilman Troxell, that Ordinance No. IG, 1971, be adopted as amended. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Pend and Kruchten. Nayes: None. The Mayor declared. the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 18, 1971 BITING AN ORDINANCE ANNEXING CERTAIN 'TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that Ordinance No. 38, 1971, be adopted. Roll was called resulting as follows: Ayes: Coun- cilmen Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following iesolution was presented and read at length: RESOLUTION 71-28 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH TIE FIRST NATIONAL BANK IN PORT COLLINS WHEREAS, it: is necessary that the City of Fort Collins make arrangements for the use of a computer for the Ci-ty's data processing programs; and WHEREAS, an agreement has been negotiated with the First National Bank in Fort Collins for the use of the computer of said Bank; and 1%:1-1EREAS, said agreement has been reviewed and approved by the City Attorney and the City Manager. NOW, THEREI'ORE, 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 accepted and approved; and BE IT FURTHER RESOLVED that the City Manager 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 18th day of. March, A. D. 1971. /s/ Karl E. Carson Mayor ATTEST /s/ John Bartel. _ City Clerk The following Western Union telegram was presented and read at length: Mayor Karl Carson: In all sincerity and with deep concern we question legality and advisability of allowing a bank to become involved in City Government. We understand that the gesture is motivated by good will, however there remains a possibility of feeling obligated. We feel City Government should be free of all obligations of this sort. Sincerely, /s/ Dr. and Mrs. George Post. It was the consensus of the members of the City Council that this contract will be of great benefit to the City. Motion was made by Councilman Troxell, seconded by Councilman Fead that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following resolution was presented and read at length: RESOLUTION 71--29 OF THE COUNCIL. OF THE CITY OF PORT COLLINS APPOINTING RALPH W. PARKER TO THE HUMAN RELATIONS CODAISSION 120 WHEREAS, vacancies presently exist on the City- of Fort Collins Human Relations Commission; and WHEREAS, the City Council desires to appoint Ralph W. Parker to fill one of such vacancies on said Commission, and the said Ralph W. Parker has indicated he is willing; to accept an appoj.ntment to said Commission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL, OF THE CITY OF FORT COLLINS that Ralph W. Parker be and he hereby is appointed as a member of the Fort Collins human Relations Commission for a term ending November 22, 1971. Passed and adopted at a. regular meeting of the City Council held this 18th clay of Ha7ch, A. D. 3971. s/ Karl E. Casson Mayor -- ATTEST: s/ John Bartel ity Clerk Motion was made by Councilman Lopez, seconded -by Councilman Kruchten, that this resolution be adopted. Roll was called resulting.as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following resolution was presented and road at length: RESOLUTION 71-30 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE CRITERIA AND DEFINITIONS RECOM- MHNDED BY THE LANDMARK PRESERVATION COMMISSION CONCERNING LANDMARKS AND LANDMARK DISTRICTS AND THEIR SELECTION WHEREAS, Section 19-68 of the Code of Ordinances of the City of Fort.Collins, Colorado, 1958, as amended, requires that the Landmark Preservation Commission adopt landmark standards to consist of at least a definition of that comprises a landmark and criteria for the selection of landmarks and landmark districts; and WHEREAS, the Landmark Preservation Commission has adopted such standards which contain a definition of a landmark consistent with the Ordinances of the City of Fort Collins and criteria for the selection of landmarks and landmark districts; and WHEREAS, as required by said Section 19-68, such standards have been approved by the City Attorney; and WHEREAS, in conformance with said Section 19-68, the City Council also desires to approve the same. j NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL 017 Ti'.E CITY OF ` FORT COLLINS that the landmark standards consisting of the definition of a landmark and criteria for the selection of landmarks as submitted by the Landmark Preservation Commission be and the same hereby are approved. Passed and adopted at a regular meeting of the City Council held this 18th day of March, A. D. 1971. ............. /s/ Karl E.-Carson ATTEST: Mayor /s/ .John Bartel City C.:e0---- 121 Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that this resolution be adopted. Roll has called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Pend and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following resolution was presented and read at length: RGSOLUT10N 71-31 l/:' f11L COUNCIL F IF j' Y OF m O rINS SETTING sNG )lic,.._I. 0 THE C_1' 1'4K.� COLLINS :ro !! FORTH ! M POLICY Cp Ti!E, CITY R-! GA"CJAiC ?,PUL ;dI:;IPA 5•. 11MI G FACILITIE'.S WHEREAS, tho City Council has in the past on many occasions considered the mzzter o3 municipal swimming fucili.i:ias; and 't19I.r.LAr, the City Council has h r'.._r.)fCiC 21i?)bj.i:::C'd COitiai Uf.:.^> .:o investigate and aiviso on the need for swimming facilities and has received reports from such committses; and WHEREAS. the City Council is of the opinion that the City should provide swimming .facilities for the citizens of the City; and WHEREAS, the City of Port Collins has heretofore Constructed and maintained for the public an outdoor swimming pool located at Sheldon Lure in City Paris; and 19= AS, because of the growth of the City and 'because of the increaso in recreation time available to ilia* members s f Cho .1Y G;;. ei. Ca. t community, the existing facilities in the City are bocaming incapableF servAng the needs of the commani'ty; and WHEREAS, there have been :indications from other groups, incl Udi, Poudre School Mtrict No. R-1, of a desire to investigate the possibility of a combined effort, to provide swimming facilities in this area; and 1'hH1.',Rr-AS; it appears that such a joint undertaking might be f`.ea£ibio and such a joint U&Qrta kin;,', could reduce cost,,: to the bodies involved by Virtue of eliminating duplication of efforts and funds; and WHEREAS, in the opinion of the City Council, it is desirable that the City of Fort Collins sit yorth its policy re;rariinr future swimmin; facilities for the community. THEREFORE, K IT 1100010 uY TOO COUZI'. OF IqE CITY 0r FORT COLLINS: 1. That the City Council reco n i u .. .alai: a also now exist. and that such need will increase for additional public...;l..;ni g facjli- t l.en within :he City, includi, all indoor swimming 'facility, and the City of Fort Collins ronognizas its o7:igation to piVVida such CddVi.ona I facilities i'ox Ch: cannunity. . Thu City Council recogn:!Zes that any such facilities ..ill ' be of banefic not ngiy to the nir n% inD cl Cf" but 4 entire PCtropsaitwn STU: UrDuvu thQ City, a7d the City `oo"c7.l. furthw. 122 c recoz;nizes that other public: boars in 'J+e con:nrini.ty have an interest in aad a need' for cvriamin;; facilities, aad Oe City Coincii hereby e presscz its interest in irivesti,;atin tho possibility of jointly constructing and operating Co:r.rlunity swim:tin? faciliti^^ '•'j til other groups havin.- a need for the sacte in this area. 3. Tha City Council invites other groups having an interest in swimming facilities to join with the City of Fort Collins in investigating the desirability of and the priority for jointly providing such facilities. Passed and adcpted at a rc+;ular r::eeting of the City Council held this 13th day of March, A. D. 1971. ATTEST: /s/ Karl Carson _ Mayor /s/ John Bartel City Clerk Sue Anderson appeared stating there was a need for more recreation facilities and that the swimming pool was crowded, and expressed the possibility of a joint school -City swimmi.ng pool. t A resident of te•�City was present stating that/the School meeting this swimming pool was rejected. Councilman Kruchten stated that another swimming pool is in the future, that is will depend on funds available. Motion was made by Councilman Troxell, seconded by Councilman Lopez, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None. The Mayor declared the motion adopted. The City Manager stated that the railroad is now fixing the tracks and there will be no further need for action in this matter. A right of way agreement between the City and James W. $ Anita K. White for a• twenty foot wide right of way for the construction, maintenance, servicing and operation of an underground water line, was presented. Motion was made by Councilman Fead, seconded by Councilman Kruchten, that this agreement be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None. The Mayor declared the motion adopted. A right of way agreement between the City and S. G. W. Inc., Box 35, Eaton, of the County of Weld for a twenty foot wide right of way for the construction, maintenance, servicing and operation of an underground sewer line was presented. Motion was made by Councilman Lopez, seconded by Councilman Troxell, that this agreement be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None. The Mayor declared the motion adopted. The City Manager stated that there is a street in town that is confusing to everyone, that 1700 Skyline runing east and west should be changed to Oakwood Drive, stating i that they had an objection from one of the residents out there. Mayor Carson asked if it was necessary for'each one out there to be notified and was informed that it would as this change would entail 'some changes in numbers. Motion was made by Councilman Lopez, seconded by Councilman Fead, that the administration be instructed to solve this matter. ` Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None. The Mayor declared the motion adopted. 123 The Director of Public Works stated that in November bid was awarded for cast iron pipe, that th'ejreceived delivery of pipe but received only one order and.the company agreed to extend purchase of pipe at regular price. Motion was made by Councilman Troxell, seconded by Councilman Lopez,that this be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None The Mayor declared the motion adopted. 1 The'following excerpts from the minutes were presented: Fscerpts from the minutes of the Council held ?:arch 18, 1971: Mayor Carson - Think it would be appropriate for this Council to ma:.e,an expression regarding the R.T.D. proposal. There is a bill, I think it has been introduced, if not.,that it will be,and will be a hearing on this Monday afternoon as to whether Larit,-r County should be in the Regional Transportation District I think there will be a reasonable expression that the county not be included. .This hearing will be field, I think some mer::bers of the County Cormissioners will be there to testify and I think it would be appropriate if we instruct our City Manager to appear -or someone to represent the City and express our desires one way or another. My personal feelings is that all indications are that we should not be included, that while Larimer County should cooperate in doing some planning, that this bill has been introduced and we should be aware of it and take whatever appropriate action, I would recommend that we would either communicate with our representative in the State House or that someone be there and appear on our behalf. I. conclude that for your comments. Councilman Fead: I do not know what the rest of the Council feels because we have had no discussion on this, but I certainly do not think we want to be included and that we should be in a more local region of our own, we have a lot of different problems that are not going to be considered in t.ot crgani_ation for a decade or two and which should be solved long before that, so I would like to see some representative of the City to express this as -far as I am concerned. Councilman Kruchten: In general I feel the article that appeared in the paper comes as nearly expressing my feelings as I could myself. The problems of Larimer and of Weld County are Coir.; to get lost in the problems of the metro- _ politan area and also I-. believe I would like to expand .a little bit on any- thing I have heard previously in regard to cooperation withLaWtounty and Weld County and which it seems to me that very shortly that within 5 years or so we will witness considerable expansion of.east west traffic to and coming from the rather large Kodak plant being built near Windsor and that we must cooperate with Weld County in proper handling of such traffic and that it is of particular interest to Larimer County that such studies be undertaken because of the very likely need of people supplying the Kodak plant to have worth while access from the Fort Collins -Loveland airport. I think that studies will concord with improvements in traffic flow between this part of Larimer County and the portions of field County immediately adjacent must be given serious consideration within that time. Councilman. Fend: I this:k too that there is a great deal of recreational traffic between ;Gad County and Larimer. County at the present time and that it is going to co.t:.-.::e to get %..orsc, this needs consideration.. 124 ?!a;•or Carson: This would not proclude that Larimer and Keld, together or separately, eve:quail;: jolnin,,T, the RTD.or contracting with the R•iD or creating their own and if there was a cQnncction, be a matter of contracting or working out an agreement. I think the concern here is the assessment that might be placed upon the tax. p..yers '_:. Larimor County, or what would appear to be no benefit for sots poriod of tii. Q. __.:cce any planning would be of some benefit. I fool strongly at.th.s point that it is toocarly for Larimor County to receive any benefit that would `c at least that significant. City Manager Coffey: I" this is the will of the Council, which it apparently is, I would be perfectly willing to appear before Mr. Strahle's committee. I would ask that you pass a motion instructing m: to appear before this co,:mitteein opposition to this bill , to put a lot of weight to any testimony I would give. Mayor Carson: I think this does another thing that is important; I believe that it must . be recognized in the counties, that the cities have a responsibility and have a voice in these kinds of matters. I think if we do not e:.press it, then we are not fulfilling our obligations, that we should express ourselves as a Municipality and we are a part of the County and we can convey to the.County Commissioners, perhaps our feelings, but again as a Municipality we should. Councilman Troxell: I would like to formalize into a motion what has been expressed here because I concur with what has been said and feel very strongly the same way that you do, that the City must let theirfeelings be known and work with the County Government in formulating some of these larger groups to deal with joint problems. With this in mind, I would like to move that we instruct the City Manager to appear before the committee and also to convey to the County Commissioners the action of the Council regarding this matter. This was seconded by Councilman Kruchten. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None. The Mayor declared the motion adopted. Mayor Carson stated that there were 10 candidates on the ballot to fill three places on the Council and would like to invite them to attend a Council meeting and instructed the City Manager to make this invitation. Don Reynolds, Planning Director, str.ted they were making progress on the sign code, that traffic is a problem. He stated that on April 6, 1971, there will be a hearing of the Planning and Zoning Board to consider the ordinance, would like to make it as simple as possible, that all business, commercial and industrial will be treated the same, and sdize of signs will be actor ing/to building instead of size of area. Councilman Troxell asked if the Petroleum Retailers would have a representative at this hearing. Mr. Reynolds said not as yet. Motion wasmade by Councilman Fead, seconded by Councilman Lopez, that a representative of the Petoleum Retailer's be included in this hearing. . Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None. The Mayor declared the motion adopted. Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None.. lie Mayor declared the motion adopted and the Council adjourned. p /j n ATTEST: