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HomeMy WebLinkAboutMINUTES-09/07/1972-RegularSeptember 7, 1972 MINUTES OF MEETING September 7, 1972 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, September 7, 1972. Present Councilmen Carson, Lopez, Preble, Peterson and read. Also present: Michael DiTullio, Acting City Manager Arthur E. March, City Attorney Roy Bingman, City Engineer Donald Reynolds, Planning Director. Charlie Cain, Director of Finance Verna Lewis, City Clerk Absent: Charles Liquin, Director of Public Works Mayor Carson presided. DISPENSING OF MINUTES Motion was made by Councilman Lopez, seconded by Councilman Preble, that the reading of the minutes of the last regular meeting held August 24, 1972, be dispensed with. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. Motion carried. PROCLAMATIONS:, MEXICAN AMERICAN AWARENESS WEEK September 10 - 16, 1972 WHEREAS it is recognized that the Mexican American has contributed to the development of the Southwest and of Fort Collins; and WHEREAS the Mexican American coalition of organizations promote under- standing and cooperation with all elements of the.community; and WHEREAS this organization in its promotion of Mexican American Awareness Week seeks to inform the general community about the Mexican heritage; and WHEREAS the Mexican Independence from Spain dated September 16, 1810 is celebrated in the Southwest to promote Mexican American awareness and to com- memorate the struggle for freedom and equality in the Mexican Tradition; NOW, THEREFORE, I, Karl E. Carson, Mayor of the City of Fort Collins, State of Colorado, do hereby proclaim the week of September 10 - 16, 1972 as MEXICAN AMERICAN AWARENESS WEEK in Fort Collins, Colorado and urge the citizens to make proper observance of this week. Given under my hand and the Executive Seal of the City of Fort Collins, State of Colorado, this seventh day of September, A.D., 1972. _ I Karl E. Carson, Mayor NATIONAL DOG WEEK PROCLAMATION WHEREAS, the purpose of National Dog Week seeks to educate dog owners in kindness and consideration; and WHEREAS, the dog began his association with man in the dawn of civilization and has through the centuries aided his master; and Wimm;AS. the doe continues to serve our country in our armed forces and in 37 Sep tember_7-,_1972 law enforcement agencies, sharing with human companions the peril to health and life; and AliEREAS, the dog is the only animal capable of guiding the sightless and assumes this responsibility with selfless dedication; and INTEPO S, the companionship of a dog teaches an appreciation and respect for the animal kingdom; and 1vHMp AS, the affection of faithful canine friends has enriched the lives of so many of our citizens; NOW THEREFORE, I, Mayor Carson, City of FDrt Collins, do hereby claim September 24 to 30, 1972, as NATIONAL DOG WEEK and urge all citizens to observe the objectives of this worthy occasion. (signed and sealed) Mayor Steven Heiling was present, stating he represented this proclamation. AGENDA ITEM 2A RENEWAL FOR FERMENTED MALT BEVERAGE LICENSE VERNIE J. VALDEZ DBA PINE TAVERN 244 PINE STREET REPORT: On August LS, 1972, the above subject made application for renewal of his 3.2% Fermented Malt Beverage License. On August 22, 1972, this officer received the application for review. In checking the records of the Fort Collins Police Department, this officer can find no reason to recommend denial at this time. Respectfully submitted, /s/ Jerrold J. Haals, Detective Vice and Intelligence Bureau /s/ Ralph M. Smith Chief of Police Motion was made by Councilman Fead, seconded by Councilman Lopez, that this renewal be approved. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. The motion carried. AGENDA ITEM 2B RENEWAL APPLICATION - FERMENTED MALT BEVERAGE LICENSE - .JESSEE GODINEZ $ GALERMO GODINEZ DBA EL BURRITO CAFE, 4041INDEN Report: On August 22, 1972, the above applicants made application for renewal of their 3.2 Fermented Malt Beverage license. On August 28, 1972, this office received the application for review. In checking the records of the Fort Collins Police Department, this officer finds no record of offenses either on the business or the individual owners. This officer can find no reason to recommend denial at this time. Respectfully submitted, /s/ Deryle O'Dell, Detective Vice and Intelligence Bureau /s/ Ralph M. Smith Chief of Police 198 September 7, 1972 Motion was made by Councilman Peterson, seconded by Councilman Preble, that this renewal be approved. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. The motion carried. AGENDA ITEM 2C RENEWAL APPLICATION FOR FERMENTED MALT BEVERAGE LICENSE LARRY MCQUIRE DBA TOWN PUMP, 124 North College Report: The above subject made application for renewal of his 3.2% Fermented Malt Beverage License. On August 31, 1972, this officer received his application for review. In checking the records of the Fort Collins Police Department, this officer can find no reasonto recommend denial at this time. REspectfully submitted, /s/ Jerrold J. Haals, Detective Vice and Intelligence Bureau /s/ Ralph M. Smith Chief of Police Motion was made by Councilman Lopez, seconded by Councilman Preble, that this renewal be approved. Ayes : Councilmen Carson, Lopez, Preble, Peterson and Fead Nayes: None. Mayor Carson declared the Council acting as a Liquor Licensing Authority. AGENDA ITEM 3A FINAL HEARING 'H $ M LIQUORS HAROLD CHAVEZ, 315 Riverside Mr. Wm. Allen, Attorney representing Mr. Chavez, the applicant, called him to the stand for questioning. Mr. Chavez was sworn in by the Court reportev. Mayor Carson read the rules and regulations relating to Liquor licenses. Mr. Chavez stated he had contracted to purchase the premises at 315 Riverside, had been in Fort Collins 37 years and had been the manager of the Eldorado Restaurant. Exhibit A were petitions circulated by Mr. Chavez with 700 names among residents. Morey 0. Garton former owner of this property had sold this to Mr. Chavez, now operated as gas and grocery store, stating that this had no connection with business. Mr. William Dressler, Attorney, opposing this license, was present and called Mr. A. C. Greenwalt, owner of Ace Liquors, 200 E. Mountain. He presenteld Exhibit 1 a map of the City showing boundaries of outlets. Mr. Greenwalt stated he had been7business three years in Dec- ember, that there were two down town at this time and had since closed, that that the neighborhood s are the same (at 200 E. Mountain and the proposed one at 315 Riverside). He said his volume was approximately $12,000 gross per month, but that the expenses and overhead, were almost that much, that he barely made a living. Exhibit 2, were petitions circulated. Mr. Allen asked Mr. Greenwalt how many petitions he obtained himself. He said about 12. Mr. Allen objected because Mr. Greenwalt did not get these signatures and therefore did not know whether they were signed by the person. Mr. Dressler asked if he had business that comes from the area of the proposed location. Mr. Greenwalt said about one-half, that there was not enough business to serve both businesses. Mayor Carson said there was no name on the petition who circulated them. Mr. Dressler asked what another business scald do to his business. Mr. Greenwalt said he would have to close. Mr. Allen asked if he had hired men to circulate these petitions. Mr. Greenwalt said no. Mr. Eugene Graff, of Young's Liquor, spoke regarding this proposed license. lie stated he had many customers in that area, that to apply for a license where there is no growth is not good sense. He said that if a business makes $12,000 gross, he makes about $2,000 net. He said that according to national figures, a business has to have 5,000 customers. He said 31S Riverside was a hard street to get back on if you get off it. Mr. Allen stated that his location was not in this designated area. Sid Frease, 208 Whedbee, was present, stating that this business is right back of his pro- perty and do not need another beer license. Jerry Allen, former lessee of 315 Ri.•Yerside, appeared and was sworn in. He said that when Mr. Chavez applied for a deed, he did not have a lease. He stated that according to the fire ordinance, gasoline pumps have to be 50 feet from any business. He brought up the lack of parking space, saying that the only parking was on the :west: side of the building. Councilman Fead asked how many there were. Mr. Allen said about 12. September 7, 1972 Mr. Allen, in his summary, stated that the contract was without contingencies, that Mr. Chavez purchased the property with wife. Mayor Carson asked if this was going to be a combination gas and liquor store. Mr. Allen said it would be if they can comply. Mr. Dressler said the boundaries had already been set for other licenses and neighborhood already estaiilished, Mayor Carson advised the'applicants this licnese would be taken under advisement. AGENDA ITEM 3B - WITHDRAWN AGENDA ITEM 4A ORDINANCE NO. SS, 1972 BEING AN ORDINANCE AMENDING SECTIONS 19-6I to 19-63, INCLUSIVE, OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO THE ACQUISITION AND DEVELOP- MENT OF PARK LANDS, ASSESSING A FEE TO BE USED FOR THE PURPOSE OF ACQUIRING AND DEVELOPING PARK LANDS AND ESTABLISHING A FUND FOR THE ACQUISITION AND DEVELOPMENT OF PARK LANDS Motion was made by Councilman Preble, seconded by Councilman Lopez, that Ordinance No. 55, 1972, be adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. Mrs. Edna Illsley appeared and presented the Council a check for the remainder of the $195.00 park fee, $40.00 having already having been paid. Mayor Carson expressed appreciation for her generosity. AGENDA ITEM 4B ORDINANCE NO, 16, 1911 BEING AN ORDINANCE DETERMINING THAT THE NEED FOR A PROGRAM TO COMBAT DUTCH ELM DISEASE IS AN UNFORESEEN CONTINGENCY ARISING AFTER THE PASSAGE OF THE ANNUAL APPROPRIATION ORDINANCE AND APPROPRIATING THE SUM OF $25,971.00 FOR SUCH PROGRAM. Motion was made by Councilman Fead, seconded by Councilman Preble, that Ordinance No. 56, 197;, be adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. The Motion carried. AGENDA ITEM SA ORDINANCE NO. 61, 1972 BEING AN ORDINANCE RELAAING TO TIME CREATION AND ORGANIZATION OF STREET IMPROVEMENT DISTRICT NO. 66, PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN, AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COSTS OF CONSTRUCTION THEREOF Mayor Carson opened the meeting for discussion. Letters of protest were read at length: near Councilmen. Thn s, hied of this letter is t_he proposed Fast Cli.s.ah�fh Street improVmr-ant district number 66. It is my wish to ca',.1 to the att:enti.on of. the council two m-thods of imnrrn%i.nn thy, pi:oject being forced on the residents. First and fornmor:tis to be a storm sewer drain on both sides of the street between Robertson and 1'organ. Tnsteali of r1.7i? lnc Ft drain pipe Under the StrP_et at this di_p doul.d be put in the strr.et. surface. The udvanta;cs of: r.;uch a dip for sued control am ohvi.rnis. This din would be 1/2 block from the future school crossing. lo: i_nT; traffic sqt +_hi_s point mi ht save a child's life. Second, on the pnrti.on of street between Stover and ',organ t The "improved" th,ar.e .rr curr.�ntly ,.our street lints. 1' str• et is to h.:.ve eight street light-.: i.n tiiesacu, stretch. T undrrs;tar.d tivut oacii of the new 1i;;hts has twice the i.11L:minati_n!; p:>:'er of the present lights. This means this area will have four times the illumination it currently has. I. rcqur.ct that the council instruct the city en;i_neer to make these modifications; 1. A ctrai_na-e dip be placed between Morgan and F;ohertsOn. m 2. ;. iZa of street lights be tw�(-'.n Stover an 1' or -An b:] d2C17P£1Sed to iVC•. Yotu- c(cci.on on this matter will be greatly appreciated r, � i... « by 7-hn Cn,SL' rl-1�.317(?til .��_r��.residents. R. Osborne C : cvnC eN 17 -7 L 3y �ulft- i.(�,A�Cc+mod dean ;LuF�!? u .,yb (Ct 1z ,car W.k u AMA d c�( �ar- �v 633, dyv�✓vei wq- ( 7 -o (�u CL Gfj cn.L G`a rl CC- CC-(cL ��u i.n 1J lL + tiL cicc� ecfic�i u(Cc'I n i C v s cQ (e CL t,vI &E U, e Cck L uvL. (/W�-. LA J' V�4/il+-a�.l)- .o•C'Lf.�G, (r-c Uri CL a, cd- Tc, �/� L'LG-2itnLL -t"LR U L Ue/L. 1,✓l-.a �L' u�-Q.ku - 0"Vt� �Vi-E Ur-1 ,.,Le �N S-� rV'-.C2-C CL(AC'CkL (ntTo{-U-c c� UA W<�' (.�..� - c0� VtL CCU. 6yy�a.v -T A:v, 5 AVUJVVt-rWVL 0-1U 6L . cw't o ( 6, t -a�L wv o. 2 CO,-ct2co O Roy Bingman, City Engineer, said the lights are directed down so they will not shine into the windows. Mayor Carson said the drainage and lights have been di5c4ssed before. Mr. Bingman said that drainage dips are prevented as much as possible and will make the street as wide as possible. Mr. Dick Osborn, 801 East Elizabeth, spoke about dips and bumps in the street, that the people are used to these and not a traffic hazard, that there is a school in the vicinity and traffic should be slowed down because of school children crossing. Mayor Carson expressed his preference for lights, as they are more convenient and the dips are a hazard to the cars. Don McMillan stated that if a subdivision is developed with dips already in and questioned if this was standard procedure. Carol Hayes, 700 E. Elizabeth expressed a desire to leave Elizabeth Street as beautiful as it is, and'paving it as the people want it. Councilman Fead..:---1 he had talked to a great many people and a majority wanted this as a 40 foot pavement, that the Council had compromised and left trees. 14r September 7, 1972 Mayor Carson said they would maintain as much beauty as possible, that they did not want to improve this in a way that we have to go back and redo it and thought the street will be an im- provement, that they were trying to look to the future and doing their best to make the street aesthetically beautiful. Motion was made by Councilman Lopez, seconded by Councilman Peterson, that Ordinance No. 61, 1972 be considered favorable on first reading and presented for final passage on the 21st day of September, 1972. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 6A RESOLUTION 72-93 OF THE COUNCIL OF THE CITY OF FORT COLLINS, GIVING NOTICE CONCERNING A PROPOSED ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, BEING THE ZONING ORDINANCE AND RELATING TO THE CREATION OF A ZONING DISTRICT TO BE };,MOWN AS THE R-L-P. LOW DENSITY PLANNED RESIDENTIAL DISTRICT. Motion was made by Councilman Fead, seconded by Councilman Peterson, that this resolution be adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None AGENDA ITEM 7A The Motion carried. REQUEST FROM BELLA CASA, LTD PARKLAND FEE COMMUNICATION: Gentlemen: Freparntion 1-2.is i,een made to be ;in ground breaking on property to be kl own ae Sta;ecoach Subdivision. This ground is presently ol:ned by Ladco, inc. Development will be done through the joint efforts of Dr.. Robert T. Smith of Fort Collins and Bella Casa, Ltd., of Sn;le.000d, Colorado. This subdivision has been designed for the Mexican -American For Progressive Action under the 235 grogram. The 235 Frogram has been an extremely difficult program to enact. Through the cooperation of FFu1, HUD, CEP.A and i`IAFA as well as the efforts of the LULAC contractors and engineering firms, we feel that we can have a very successful. 235 Program in your area. However, we must ask your cooperation at this point in order to male this program succeed. Under the 235 Program there is very little profit margin, causing not only dollars but pennies to be accounted for. After reviewing present regulations regarding development as well as regulations soon to be in effect, we are asking for an appeal before City Council on your September 7th meeting. On this Stagecoach Subdivision acreage is ten acres of ground bordered by two canals which we would like to leave for green belt and park area. We are appealing to deed this property to the City of Fort Collins for a public park area in lieu of paying the present $40 park fee which is to be increased September loth to $195 per site. We, as developers, are willing to provide the foot bridge, and do whatever would be necessary to enable the City of Fort Collins to have park facilities available in that area. A hearing regarding plot plan approval has been scheduled for the same day in Loveland, Colorado. To enable us to attend both meetings, could ,:7c possibly schedule our appeal to the City Council at approximately 1:30 P.M.? Your cooperation in this matter would be greatly appreciated forall concerned. Very truly yours, BELLA CASA, LTD. /s/ Mary L. Rogers President -- , 14r I ember 7, 1972 Mary Rogers appeared and spoke on this matter, stating they would do whatever the Council said to make parkland. If they could develop , there axe bicycle paths, picnic areas, etc. Mayor Carson suggested that this be tabled for more information and further study. Motion was made by Councilman Lopez, that this matter be referred to the Parks and Recreation Department and the Council act accordingly. Seconded by Councilman Fead, and adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. The Motion carried. AGENDA ITEM 7B SCOTCH PINES SUBDIVISION, THIRD FILING Motion was made by Councilman Fead, seconded by Councilman Lopez, that this be approved. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 7C SCOTCH PINES SIIBDTVTRTON FOIIRTH FTLTNG Motion was made by Councilman Lopez, seconded by Councilman Peterson, that this be approved. Ayes: Councilman Carson, Lopez, Preble, Peterson and Fead. Nayes: None. ADDED ITEM LILAC APARTMENTS SUBDIVISION Don Reynolds, Planning Director, explained that this was a subdivision plan and Unit Develop- )ment plan, that the maximum density was 11.9. After discussion,motion was made by Council man Fead, seconded by Councilman Preble, that this be approved. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. ADDED ITEM NATIONAL SUBDIVISION plat Don Reynolds stated that this was the site of the Fort Collins National Bank. Motion was made by Councilman Fead, seconded by Councilman Peterson, that this be approved. Ayes: Councilmen CArson, Lopez, Preble, Peterson and Fead. Nayes: None. ADDED ITEM SPRING CREEK VILLAGE SUBDIVISION PLAT Don Reynolds explained this subdivision, stating there would be a path for school children from Parkwood to Riffenburg school. Motion was made by Councilmani Fead, seconded by Councilman Lopez, that this be adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. The motion carried. .AGENDA. ITEM 7D- Tabled TWO HOUR PARKING ON WALMUT STREET Motion was made by Councilman Lopez, seconded by Councilman Preble, that this matter be tabled until September 21, 1972. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM T E BIDS - 2 1/2 TON DUMP TRUCK FOR LIGHT $ POWER 23 September 7, 1972 SUMMARY: Four invitations to bids were extended. Two truck dealers responded Bidders 6-Speed Trans. 4-Speed Trans. Delivery Northern Colorado Equimpent $8:;645.00 $ 7,7S2.00 8-10 wks. Markley Motors NO BID 7,583.91* 14 wks.* Mr. Warren Dalke, Supt. of Transmission 4 Distribution, has evaluated the bids. A copy of his letter of recommendation is attached. Based upon Mr. Warren R. Dalke's letter, the recommendation is that Markley Motors be awarded the contract for a 2 1/2 Ton Dump Truck in the amount of $7,583.91.' Respectfully submitted, /s/ E. M. Kuppinger Purchasing Agent Motion was made by Councilman Lopez, seconded by Councilman Peterson, that the recommendation of the Purchasing Agent be approved. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 7F BIDS - labor, equipment and materials for Street IMprovement District No. 66 Bids are as follows: Flatiron Paving Co. 40, 128.90 Sterling Paving Co.* 39,255.50 City Engineer's Estimate 43,493.00 Mr. Roy Bingman, City Engineer, has evaluated the bids. A copy of his letter of recommendation is attached. The recommendation for award is subject to the approval of the Improvement District by City Council. We are recommending that the Contract be awarded to the low bidder, Sterling Paving, in the amount of $39,2S5.50. Respectfully submitted, W. M. Kuppinger /s/ Purchasing Agent The City Attorney said the Council could accept this bid conditionally on passage of Improve- ment District 66. Motion was made by Councilman Peterson, seconded by Councilman Fead, that the recommendation of the Purchasing Agent be approved. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 7G MEMORANDUM: : THROUGH: Michael DiTullio, Acting City Manager TO: He orabl...Mayo, and!Cru11ci1 Members FROM: Stan Case, Director of Utilities SUBJECT: Revision No. 13 to Exhibit A, USBR Contract 14-06-700-6155 dated 25 February 1966. Attached herewith is the proposed Revision No. 13 of Exhibit A to our power contract outlining the next six month's power require- ments from the Colorado River Storage Project. The change as outlined in paragraph three increases our contractual amount for the winter season from 22,700 kilowatts co 25,500 kilowatts. 144. September 7, 1972 This is the standard six month's administrative change, and it is, therefore recommended th;;t the Council approve this revision and authorize the Mayor and City Clerk to execute the same on behalf of the City. Stan Case Motion was made by Councilman. Preble, seconded by Councilman Lopez, that this be approved. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. Mayor Carson read the following letter: Y OuurC 3C!1001 District R1 2407 LAPORTE AVENUE FORT COLLINS, COLORADO 80521 OFFICE OF SUPERINTENDENT PHONE: 303 482-7420 Sept. 1, 1972 The Honorable Karl Carson, Mayor 300 Laporte Avenue Fort Collins, Colorado Dear Karl, The ninth annual " 1 Walk Safely " program for kindergarten pupils was con- ducted Aug. 29-31 under the joint sponsorship of the Fort Collins Police Department and Poudre School District Rl. I want you dnd the Council to know how cooperative were Dave Feldman,who helped with the organization of the project, and the policemen, who conducted the safety sessions. Contributions from policemen provide the white buttons with red letters which proclaim, " 1 Walk Safely. " This program has the advantage of safety instruction under actual traffic conditions which children will encounter . Many of the nationally publicized safety programs are conducted in minature model towns. The local program is free and about 266 five-year olds attended . Sincerely yours, Motion was made by Councilman Lopez, to file a copy of this letter with the Police Department and for the department to see that the Policemen who contributed to this program are given credit. Seconded by Councilman Fead. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes; None. ADJ.10,NMENT Motion was made by Councilman Peterson, seconded by Councilman Fead, that the Council adjourn. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. The motion carried and the Council adjourned until September 21, 1972, at 7:30 P.M. Q / yor ATTEST: City Clerk ��