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HomeMy WebLinkAboutMINUTES-07/22/1971-Regular261. I MINUTES OF MEETING July 22, 1971 The City Council of the City of Fort Collins met in regular session at 1:30 P.M. in the Council Chambers of the Municipal Building on Thursday, July 22, 1971. Present: Councilmen Carson, Lopez, Councilwoman Preble, Councilmen Peterson and Fead. Also Present: Tom Coffey, City Manager Arthur A. March, Jr. Assistant City Attorney Charles Liquin, Director of Public Works. Mayor Carson presided DISPENSING OF MINUTES Motion was made by Councilman Lopez, seconded by Councilman Peterson, that the reading of the minutes of July 15, 1971, be dispensed with. Upcn a roll call, all members,of the Council voted in the affirmative. AGENDA ITEM 2A PROPOSAL FOR ENGINEERING CONSULTANT - JOE WRIGHT RESERVOIR I' Mr. E! V. Richardson, member of the Water Board, was present and stated that the board had held a special meeting to pickyIngineering firm to do the work. Mr. S. T. Thorfinnson, representing the Consulting Engineers and Geologists, Woodward -Clevenger Associates, Inc., was present, stating that that this firm was the largest in the world on soil samples, etc. He presented a proposal for engineering and geoligical services, stating that they would j work with Morton Bittinger, that he will be the project engineer, and that the City pay for drilling test holes. He stated that the Water Board recommended that the proposal be accepted, and if the Council did not accept this, they would stop immediately. After discussion, motion was made by Coun cilman Fead, seconded by Councilman Peterson, that this proposal be approved and referred to the City Attorney to prepare an agreement j on same. Upon a roll call, all members of the Council voted in the affirmative. I - -AGENDA, ITEM 3A RESOLUTION & FINDINGS - SIERRA SPORTS 71-67 OH' Tt11Frnm!rIL OF TIME CITY OF FORT COTT&e CONCERNING I AN APPLICATION FOR A CLASS B LICENSE. FOR THE SALE OF 3.2 FERMENTED i•iALT BEVEPJ GES i The application of E. R. Krieger, doing business as Sierra I Sports, for a Class B license for the sale of 3.2 fermontad malt bever- ages at 1000 North College Avenue, Fort Collins, Colorado, came on for i hearing before the City Council on Thursday, July 15, 19711 and.the City Council, having heard the testimony produced and received the evidence I offered at said hearing and having considered and weighed the same,• now makes the following findings: 1. The premises for v.,hich the license is applied for are presently operated by the applicant as a sporting goods store. 2. The applicant presented letters of recommendation with the i application and at the hearing presented petitions supporting the appli- cation, No one appeared in opposition to the granting of the license, I and no petitions were presented opposing the granting of the license. f n 3. The evidence produced at the hearing shows that the neigh- borhood needs the license applied for., and the desires of the inhabitants of the neighborhood do not oppose, the issuance of the license. 262 e:.d�:..::-.........i.n..i.�.-_.—...u.1.�u:_'1..T....Sa..—.:ua�:+:....i.uL�]a.v:uG'..—awn.:...�'.-a:�]w.a_:x..8.�.:"�.:..r.�.uex..t.�_].e..ii- 4. The applicant agreed at the hearing to miai:e certain changes to the premises in accordance �-.it.h the report of the City Building Inspector received at the hearing. RESOLUTION 71-67 OF THE COUNCIL OF TILE CITY OF FORT COLLINS CONCERNING A.N APPLICATION FOR A CLASS B LICENSE FOR T11E SALE OF 3.2 FERMENTED MALT BEVERAGES WHEREAS, the Council of the City of Fort Collins has heard the application of E. R. Krieger, doing business �s Sierra Sports; fox a Class B license for the sale of 3.2 fermented malt beveragcs; and RTIEREASS, the City Council has made Its findings upon the evi- dence presented atthe hearing. NOl'7, THEREFORE, BE IT RIESOLVED BY THE COUNCIL OF TIR.. CITY OF FORT COLLINS that the application of E. R. Krieger, doing -business as Sierra Sports, for a Class B license for the sale of 3.2 fermented malt beverages .at 1000 North College Avenue, Fort Collins, Colorado, be and the same hereby is granted in accordance with the findings of the City Council herein; provided, hoirever, that such license shall not be issued until the changes to be made to the premises are completed and the City Clerk has received from the Building Inspector a certificate that such changes have been completed. Passed and adopted at a regular meeting of the City Council held this 22nd day of July, A.D. 1971. /s/ Karl E. Carson Mayor ATTEST: /s/ John Bartel City Clerk Motion was made by Councilman Lopez, seconded by Councilman Peterson, that this resolution be adopted. Upon a roll call, all members voted in the affirmative. AGENDA ITEM 4A ORDINANCE NO. 33, 1971 - Second Reading AN ORDINANCE TO APPLY AND CONTRACT FOR BENEFICIAL USE OF WATER ON BEHALF OF THE CITY OF FORT COLLINS, COLORADO, A MUNICIPAL CORPORATION, AND PRESCRI BING THE TER'.1S FOR APPLICATION FOR AN ALLOTMENT OF WATER TO SAID CITY OF FORT COLLINS BY NORTHERN COLORADO WATER CONSERVANCY DISTRICT. Motion was made by Councilwoman Preble, seconded by Councilman Lopez, that Ordinance No. 33, 1971, be adopted. Upon a roll call, all members voted in the affirmative. AGENDA ITEM 5A ORDINANCE NO. 38, 1971.- First reading BEING AN ORDINANCE AMENDING SECTION 3-1.1. OF THE CODE OF ORDINANCES OF THE CITY GF FORT COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO TILE VACCiriATION OF DOGS IN THE CIT'i -- 263) _..�_�c_ea.,�t'roe.:._.r..:..::_...=as,^.rsa:�.:.......�:�.....v�l>....�:�.-..x.:aw:�..s.�s:r:�..�s__.�.•:�-...<...c. s:,:�::�.-z:��.,�-.:r..�.=..:,.:.-:�.v,.-_.—:.c:,:.sz.. :. �.-ram Dr. James Creed, Assistant Professor of Clinical Science at Colorado State University, was present, stating that in his opinion the three year vaccination is sufficient and did not believe annual rabies shots were necessary. He asked that thismatter be tabled until an agreement could be reached among knowledgeable persons at CSU and in the State Health Denartment. Chief Smith aoneed to the delay, stating that the County Health Department is attemting to standarize requirements.by cities and towns. After discussion, motion was made by Councilman Lopez, seconded by Councilwoman Preble, that Ordinance No. 38, 1971, be tabled. Upon a roll,call, all members of the Council voted .in the affirmative. AGENDA ITEM 5B ORDINANCE N 0. 39, 1971 BEING AN ORDINANCE. AMENDING SECTIONS 21-43.34 AND 21143.67 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO THE WATER UTILITY OF THE CITY The Assistant City Attorney stated that in some cases, developers have been meeting the City's water requirements on the basis of lots only, exclusive of streets and areas desig- nated for open space. That a change in some tap fees is included in the amendment, a three- quarter inch flat rate tap has been eliminated and a 6 inch metered tap added. The City Manager suggested that this ordinance be passed today, and set up the second reading to the 19th cay of August in order to contact the developers and contractors. After further discussion, motion was made by Councilman read, seconded by Councilwoman Preble, that Ordinance No. 39, 1971, be considered favorably on first reading and ordered published this 22nd day of July, 1971, and to be presented for final passage on the 19th day of August, 1971, and that the developers and contractors be informed of this. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 5C SIGN CODE ORDINANCE Mayor Carson stated that amended sign ordinance to COMMUNICATIONS: Gentlemen: the City has a Sign Ordinance adopted in 1965, and have a •proposed improve and up -grade the present ordinance. I will be to take this method be considering, unable to attend your Thursday mee& n7, so I ;could like of protesting the proposed sign ordinance which you will It is my understnndi.n,q that a large nulaber of ex4sting signs in all business areas ;a_i.11 be affected, In order to comely with the now ordinance, an expenditure of many thousands of dollars over a short ncriod of years will be necessary, I believe that r:mch more thought should be given to this facet of cite proposed ordinance before it is finally adopted. I'realize the importance of properly regulating this rather irrita- ting segment of our environment, but ' do not thin'_: that we should try to cure the ailment of 75 years by surgery as drastic as this. Sincerely, ��tIM-( '61 �� D. W. Stuart Vice President To the i ajor of Ft. Collins> members ' City ens 1ti ,aw�rs o t.ie Council: I have read the proposed new sign code ordinance and although I must admit that I'd_o not understand all of it, I would Like to state my opinion of it. I arc opnosec7, to the adoption of this ordinance for these reasons: Every location or building site is differont. Each Ong has its Oiin indivijual_ problems. One Of these problems Slocating the building on the lot a i e s the •� li'i �l<:Ce and position i:O best S�?'i':, purpose foe which it i., to be used, Some buildings i'a=;e to __. --- be set fornard on the lot, oti;,e,s have to be set at the baW: 264 ----------------- --- — ---------------------_J.uly 22,-1971 _.��__:: ...._.. ........_:.._a �:_�_.....:. _,,,,...u:L.:: __...s...r..,. ,...x.:...asr.x.:.._,..____..:.-.:._..:.:�.n...c..,_.:......:..,,..v_d,...�:,_.:.............. >. :.�._:..�: :_:x..c..n: .,...,_._.-•.. frith the parking space in front. It is not unusual for buildings to be obscured from view as you approach them on the street. . n building; situated such as this reeds an entirely different sign arrangement than the building that sets on the front of the lot. It is my opinion that the new sign code is too restrictive for t-he,proper utilization of different locations. The sign requirements of different types of business -es vary greatly and it is my opinion that the new sign code is too standardizing.. I have heard it estimated that 80;" of the signs in Ft. Collins will have to be altered to be conforming if the new sign code is adopted. In some cases even buildings will have to be altered. In any case, if the new sign code is adopted as written, the over --all cost to the businesses of Ft. Collins will be very great. This is an additional expense that some of us can ill afford, especially in vie:; of the heavy tax load we now have. One provision of the new sign code that is especially disturbing to us is that inside window signs may be entirely banned or at least greatly restricted. We use inside windov; signs extensively and they are a very important part of our sales promotion progra_:. We strongly believe this restriction is an infringement upon property rights and that it cannot be equitably enforced. When a businessman starts out to buy a sign he does not buy a bigger or more expensive sign that he thinks he needs. The sign he buys is designed by professional designerswho's first objective is a nice -looking, well-proportioned sign and only big enoagh to get the job cone_ because for one reason he knows he will have another sign de igncr bidding against him. In driving around Ft. Collins I have not seen one single eign that is in any way offensive to me. In fact, I think 955 of thee, are really nice looking and designed. in :good taste. It is my opinion that the ne:, sign code will restrict more than signs. I think it will also restrict the utilization of some locations that; might otherwise be used. I also think it Will restrict individualism, initiative and imagination. It is my opinion that the sign code that we now have is adequate and that the now sign code should not be adopted. I believe it is against the best interests of everyone concerned. - Sincere _ ly , v v Merrill Steele Mr. Charles Bowling, a member of the Planning and Zoning Board, was present stating that up -dating of this ordinance has been brought about by a great dal of citizen interest, that two hearings were held and attendance at these hearings were not too great. He sa=d he felt expensive large signs would never pay for themselves, because people became impervious to them from seeing them all the time. He said the businessmen did not recognize their responsibility and take care of their signs before the Government took a hand, stating that motels and restaurants need signs. Don Reynolds, Planning Director stated that a survey was made Thursday morning in the down- town area and that of 27 businesses in the 100 block of South College Avenue, signs on 19 could be utilized under the proposed sign code; in the down down area, 16 signs would not be affected and three would require minor changes, one sign, now legal,would have to be removed and that seven proposed signs could not be erected under the new sign code. Eugene Markleywas present and stated there should be another answer to signs than this sign code, that he felt very strongly that this proposed sign code is a deterrent to business, and requested a 90 day delay of this ordinance. Merle Goddard, President of the Chamber of Commerce, was present and stated he would like to correct a statement made in the Coloradoan, that the Chamber has nothing for or against the sign code, stating he felt that this is a condemnation ordinance and that sections of this ordinance need to be worked on, stating he was asking for a 90 day dalay so that anyone that c 265 has a sign should have notice, and there is not'a business that does not have a sign. He stated that the businesses in the down town area have not made any money in the past three or four years and there should be some 10% or 15% variance, and that the expense of a new sign will have to come out of their pockets, stating there should be a variance board set up. Ruth Bre::a, acf th o Ju.i__ i?omen's Club, pr,..,c.._ and called the propcsed sign code fair and needed, that in view of the shopping centers, the downtown merchants should look for ways to make the down town area more attractive. A number of r-2rsons present expressed concern about lack of provision of a sign code variance board. Assistant City Attorney March, Jr., stated that the Zoning Board of Appeals has the power to grant variances and could act on the variance of signs as well as zoning. Businessmen expressing approval for the sign code included Gordon Moderhak of Colorado Import Motors and Seymour.Graham of The Little Red Hen. Marilyln Parke presented a petition containing approximately 1,370 signatures supporting the sign code. Jan Schrader was present and spoke on the need to conserve materials and electricity as the City grows and also supported the proposed sign code. Nona Thayer, representing the League of Women Voters, also spoke supporting the sign code. Jchn Walker, Attorney, representing the Green Belt Area and also a member of the Chamber of Commerce, stated he knew of survey that had been taken among the Chamber members relative to the sign code. Mr. Goddard stated the Chamber has taken no official stand, that it is a non -con forming _ organization and have no policy than to ask a 90 day delay, that only the Chamber's Board of Directors can establish policy. Peggy Reeves, representing a group from CSU, stated that they believe in the Sign Code ordinance. Dean Whitman of King's Restaurant, stated it was his opinion that the businesses need'.an up -grading of the sign ordinance, that most of the restaurants business is "run in" business that see their sign, but he felt that a variance Board is needed and should be established, that this code could cost the merchants thousands of dollars and that the ordinance should be delayed 90 days for further study. It was stated that the Sign Committee consisted of John Powers, Bill Bailey, Jim Cox, Dan Ellison, Fred Franz, Dr -Paddy!, Gordan Clyde and Don Reynolds. Kenneth Walsh, representing Steele's Market, was present, asking about the temporary signs put in windows, stating that the store's adds come out Thursday and signs come up in the window Wednesday evening, and that if the signs fail to come up, the store hearsfrom their customers. He said the signs are changed every week and are different color. Dr. Michaelson of C.S.U., was present stating that he had studied aesthetics, that there are even neon signs on churches, that he felt signs bothered no one, that this was an age of garrish signs, and said if he was in a strange town that he usually picked the one with the most outstanding sign. Gordon Gillse reeen t y was p,}tnIat he had re —ea the ordinance trying to understand it, and agreed with the Chamber of Commerce, that this ordinance should be delayed for 90 days for further study. Kenneth Peterson of Peterson Tires, was present, stating he agreed with the Chamber .f Commerce, that he thought this sign code was needed; but.requested a 90 day delay for more study. Mayor Carson said he hoped this will be an ordinance that.everyone can.live with. Councilman Peterson favored the 90 day delay for study. Councilman Fead stated he thought this was a good ordinance and that the Council should get together with all concerned. Councilman Lopez stated the Council needs to survey the signs in Fort Collins and also need to re- search other communities and their signs. Councilman Fead moved that the Council continue the hearing to approximately 90 days to October 28, 1971. This was seconded by Councilman Lopez. Upon a roll call, all members of the Council voted in the affirmative. Harold Warren of the Warren Mortuary, urged that all work together with the Plan- ning Director before the next hearing and perhaps come to a decision by or before October 28th. fi AGENDA 6A RESOLUTION 71-68 r E� 266 July 22, 1971 OF THE. COUINCIL OF THE CITY CIF FORT COLLIt{S !,,EAPPO1.NTI1G Afi?'•liiE25 'I'O :!F CITY OF FOTf COLLINS ,PJSE1PT BOARD WHEREAS, the terms of the present mcebors of the Dort Collins ��u:,curl upua'u t.ili expi'ro on Au;u.:;t 3, 1y71; and WHEREAS, tin City Council de i.res to reappoint such persons as rletnbors of said Board, and they have indicated they are willing to accept such reappointmarts. NOW, THEREFORE, Bc IT RESOLVED BY Till! COUNCIL OF Tim CITY OF FORT COLLI.iS that Charles a. Ila;emnister, O. P. }volley, Mrs. Louis Bass, Carl M. Lawrenc^ and David E. 111atrous be and 'they hr,reby are reappointed as ma;ibors of tilt' Fort Collins i`tis Cum Board for a term of foul' years comroncine August 3, 1971. Passed and adopted at a regular meetin; of the City Council hold this 22nd day of July, A. D. 1971, ATTEST: \ ' ! (j City -ci irk Motion was made by Councilwoman Preble, seconded by Councilman Lopez, that this resolution be adopted. Upon a roll call, all members voted in the affirmative. AGENDA ITEM 7A SCHOOL REQUESTED SIDEWALKS Roy Bingman, City Engineer, stated the City faces a variety of problems, including older parts of Fort Collins that do not have sidewalks, that late in 1970, the City received a request from the School District for implementation of sidewalks for the school children. He said the aim was to have one continuous walk on one side of a street, and the areas were selected that had the most walk in and the least problems and with consideration of the cost. He stated that no trees are to be removed but in some cases bushes and schrubbery would have to be trimmest. The City Manager stated the first request came from the schools in 1969 and was boiled down to a minimum in September of 1970. Objections were centered on lack of need of it., Many persons objected to sidewalks on only one side of the street to be paid for -by owners of abutting property. Two persons suggested creation of a sidewalk improvement district to be paid for by the entire City, since walks would benefit the public. Assistant City Attorney March, Jr., said he felt that would be unfair since many persons already have paid for sidewalks on their property. Many objected to installation of walks in the area of Fort Collins High School as very few use the walks but prefer to walk in the street, as they usually go in groups. Those objecting were Robert Zimdahl, 1513 Whedbee, Mrs. Sands, Charles Robinson, Merle Marshall, Mary Jane Allderson, Luthur Hickman, Joe Cienfuegos, Harpld Shannon, Frank Johnson, Mary Van Arsdale, Bud Thomassen, Nelley Bond, Margaret Graham, Martha Thomas, Miles House, Carl McCarthy, Virgin Robinson, !•;rs. Martin, and Merle ,:arshali. Those in favor of sidewalks were Nary Brink, Merle Marshall and Ray Greer. Forest Delinger, Coordinator in Ad;ninistrative Services for the School District. was 267 July=22:,_19:71 ..;"-.._.._:.'::.::s..-..�...._•:�...:...:.�.,.,t�s=.,�._.:.�.:...::....�.;....y=:.�.o.s.,.r.;-:_:...�..:.:,...�.::.._.A._.vc_.a._,._a.ur,.�:,vd�:::�_.,.'_�.�...�:a�_.�.._:��,..:a' :; .. _xv._.`'_�: present, and said a survey had disclosed .. many places where sidewalks were needed for the safety of school children, that routes to schools from every area were requested. Dr. T. F. Wetzler, of Traffic Safety , expressed the Safety Council's support of the side- walk proposal, and the safety of school children, free from vehicular traffic. Mr. Ed Martin, 1511 Remington, presented a petition of 46 names of people objecting to the installing of sidewalks on only One side of the street, and that it was discriminatory, he spoke at length on this.matter. Mr. Duane Hougham.also spoke and presented a letter in ouposion to the sidewalk installation stating a slab of cement did not enhance property, also the financial bind on people on fixed incomes. The following letter was presented and read at length: LAW OFFICES OF PAUL E. VVTEN Ns SUITE SO4 ROCKY MOUNTAIN BANK ©UILOING FORT COLLINS, GOLOIII.DO 003121 T EEEFR o,:E AD2-5 .92 July 22, 1971 The Honorable City Council of the City of Fort Collins Fort Collins, Colorado E0521 RE: Sidewalk Requirements on Remington Street Citv of Fort Collins Colorado Gentler�.n: The matter of requiring sidewalks on Remington Street to serve Fort Collins High School teas brought to my attention late yest^_rday, July 21, 1971. I he.ve nu personal interest in the matter except friendship with a number of those opposing the planned sidewalk program. I an, also a member of the Board of Directcrs of Sigma Phi Epsilon House Corporation at 121 East Lake Street in Fort Collins and necessarily, if the sidewalk project is enacted, would be financially obligated. I am advised that the persons objecting do so more on the basis that they will.be financially penalized since they are on the west side of Remington Street and there apparently is no plan to make the same requirement on the east side of Remington Street along the same route. In addition, it appears the traffic pattern of the students at Fort Collins High School is generally to use the streets in groups ratifier than the sidewalks. The requirement of sidewalks, in addition to its economic impact, would affect the very nice yards and plantings around the houses on the wrest side of Remington Street. I urge your sincere attention to the objections of the numerous property owners who do object and know that you will give attention to their request and credence to their statements. PEW/ks Si,ncere',y, i PAUL E. WENKE Councilman Lopez stated that this was a serious matter and felt the Council should give this more time, and the City Engineer get more facts, that he thought the children needed sidewalk, but felt the cost should be equitable, and moved that this. matter be continued so that the Council could make a good decision. This was seconded by Councilman Feed. Upon a roll call, all members of the Council.voted in the affirmative. Those, present were informed that they have the option of installing the walks themselves, and that a 60 day notice will be given, so that property owners may have walks installed at the lowest possible cost. A 17% administrative charge will be assessed for walks installed by the City under an improvement district. 268 --------- --------- ----- -- -----July-22,—.1971-------------- uff Motion was made by Councilman Lopez, seconded by Councilman Fead, that the Council adjourn. Upon a roll call, all members of the Council voted in the affirmative and the Council adjourned. ,