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HomeMy WebLinkAboutMINUTES-09/09/1971-Regular27 September 9, 1971 MINUTES OF MEETING September 9, 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, September 9, 1971. Present: Councilmen Carson, Lopez, Councilwoman Preble, Councilmen Peterson and Fead. Also Present: Mike D-iTUllio, Assistant City Manager Arthur E. March, Assistant City Attorney Charles Liquin, Director of Public Works Absent: Tom Coffey, City Manager Mayor Carson presided. DISPENSING OF MINUTES Motion was made by Councilman Lopez, seconded by Councilwoman Preble, that the reading of the minutes of September 2, 1971, be dispensed with. Upon a roll call, all members of the Council voted in the affirmative. PROCLAMATION - MEXICAN AMERICAN AWARENESS September 12 - 18, 1971 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 understanding and cooperation with all elements of the com- munity; and WHEREAS, this organization in its promotion of Mexican American aware- ness 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 conunemorate 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 12-18, 1971, as MEXT--CAN &YERICAN AWARENESS WEEK in Fort Collins, Colorado, and urge the citizens to make proper observance of this week. Given under my hand anal the Execut:_ve Sea- of the. City of Fort Col'_ins, Sta.- of Colorado, this ninth day of Septen- be A.D., 1971. lar_ E. Carson, Mayor Mr. Larry Mendoza, President of Mexican -Americans for progressive action and publicity Chairman for the coalition, was present and said the week of September 16 is an attempt to create an awareness of the Mexican -American in the community, of their culture and heritage and to create better relations with the City, stating he appreciated presentation of the proclamation. 28 Mayor Carson stated he was pleased that the Council could participate in this event and urged all citizens to observe this week. AGENDA ITEM 2A CHANGE OF OWNERSHIP OF TOWN PUMP 124 North College Larry T. McQuire was present requesting the transfer of Fermented Malt Beverage License of the Town Pump, 124 North College Avenue, from Morris McGee to himself. He said he had no silent partner and would operate the business himself and that he was familiar with the rules and regulations governing this license. Lopez urged Mr. McQuire that he prevent under age from buying beer. Motion was made by Councilman Peterson, seconded by Councilman Fead, that this license be approved. Upon a roll call, all members of the Council voted in the affirmative. Mayor Carson welcomed a Civics class from Jr. High School. Mr. Roger Alms, the instructor, said the class was studying urban action and trying to come up with some possible solution of their own after hearing the Council's view points. Mayor Carson said they were pleased and would like to have any recommendations they had. AGENDA ITEM 3A ORDINANCE NO. 41, 1971 BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFY;NG FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE SPRING CREEK FARMS ANNEXATION TO THE CITY OF FORT COLLINS. COLORADO Motion was made by Councilman Lopez, seconded by Councilwoman Preble, that Ordinance No. 41, 1971, be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 3B ORDINANCE NO. 45, 1971 BEI14G AN ORDINANCE RELATING TO THE CREATION AND ORGANIZATION OF CONSOLIDATED STREET PALING AND STREET LIGHTING DISTRICT NO. 64, PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN, AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COSTS OF CONSTRUCTION THEREOF A petition containing 194 signatures and 270 vehicles, was presented and read at length: We, the undersigned, who are residents of the Highlander Heights Subdivision in the City of Fort Collins, Colorado, do hereby state that, as automobile owners and users, we drive through the intersection of McHugh Street and East Elizabeth Street and on McHugh Street from the intersection of East Elizabeth Street to the intersection of Riverside Drive, as well as on East Elizabeth Street from the intersection of McHugh Street to the intersection of Lemay Avenue, as our main route of travel to downtown Fort Collins, and all of Fort Collins north and west. We further state that the above named street areas are unpaved, unimproved, and constantly in a deplorable condition with chuck holes and water pockets from improper drainage as deep as nine inches from the road surface, creating excessive wear and tear to motor vehicles and creating a monumental dust problem for the entire area, We respectfully request that the City Council of Fort Collins take, as.soon as possible, the necessary action to properly pave the above named street areas and to see that proper drainage is created and maintained. We pledge our fullest cooperation and support to the Fort Collins City Council in this regard, Elery Wilmarth, Attorney, was present objecting to the passage of this ordinance because of the area of East Elizabeth from Luke to McHugh has not been developed yet. He stated he would like to have this area left out until it is developed. He said for the City not to forget the location but not appropriate now to spend his clients money until it is developed as these people will have to not only pay for their own but the adjacent property. He stated he did not whether Mr. Betz' problem had been resolved or not. Mayor Carson stated that paving will not proceed utnil all utilities are in. The Director of Public Works, Chuck Liquin, stated that the utility stubs are put in before being paved. Mr. Wilmarth suggested they overlook this area for the time being. Mr. Jack Peverly was present and stated that there was a great need for improving the intersection of McHugh and Elizabeth, stating he had been in this area for three years and the development had not been too rapid during that time. He stated that the Traffic Engineer had taken a traffic count at that intersection and there had been 1200 cars a day, 29 September 9.,_1.9.7_1 He stated here were chuck holes 9 112 inches deep, that his ambulances have had a lot of wear from this and cannot travel the speed limit, stating that in emergencies, this is a very important factor. He stated he had circulated a petition to 200 homes and only three did not sign, and that the need is Teat for this area to be paved. Rich Hovey was present and stated that the traffic count did not include the school traffic on bicycles, that he had attemted to travel the speed limit and could not, that there were rocks 9" in diameter. He stated he had circu-lated a petition and told them they would have to pay for this district and did not have any opposition to this. Mayor Carson asked Mr. Peverly if he would be assessed for any of this district. He stated that the City owns that little chunck of ground aroung my yard, that he was not in the district. Councilman Lopez, stated that this district includes more than has been brought up here. After further discussion, motion was made by Councilwoman Preble, seconded by Councilman Lopez, that Ordinance No. 45, 1971, be adopted. Upon a roll call, all members of the Council voted in the affirmative by a unanimous vote. AGENDA ITEM 3C ORDINANCE NO. 46, 1971 BEING AN ORDINANCE RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER IMPROVEMENT DISTRICT NO. 57, PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN, AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COSTS OF CONSTRUCTION THEREOF Motion was made by Councilman Fead, seconded by Councilman Peterson, that Ordinance No. 46, 1971, be adopted. Upon a roll call, all members of the Council voted in the affirmative by a unanimous vote. AGENDA ITEM 3D ORDINANCE NO. 48, 1971 BEING AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, AND CONCERNING TEMPORARY PERMITS FOR THE SALE OF LIQUORS AND BEVERAGES DURING SPECIAL EVENTS OF CERTAIN ORGANIZATIONS Motion was made by Councilwoman Preble, seconded by Councilman Peterson, that Ordinance No. 48, 1971, be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 3E ORDINANCE NO. 49; 1971 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Lopez, seconded by Councilman Fead, that Ordinance No. 49, 1971, be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 4A ORDINANCE NO. 53, 1971 BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE GREENWALT SEVENTH ANNEXATION TO THE CITY OF.FORT COLLINS, COLORADO Motion was made by Councilman Peterson, seconded by Councilman Fead, that Ordinance No. 53, 1971, be considered favorably on first reading this 9th day of September, 1971, and to be presented for final passage on the 7th day of October, 1971. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 4B ORDINANCE NO. 54, 1971 BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY Don Reynolds, the Planning Director, explained the area. A petition containing 16 names was presented supporting the rezoning, subject to restriction of use and development of this area, according to the covenants. Mayor Carson stated he had had protests against multiple housing. Mr. Garth Rogers, Attorney, representing adjacent property owners, was present and stated that there will be increased traffic on the streets, water drainage, parking, etc. To limit size os dwellings to one and two family homes instead of multiple and at the time of the second reading of this ordinance; the covenants should be recorded. Motion was made r L 30 Se 9, 1971 by Councilman Lopez, seconded by Councilman Fead, that Ordinance No. 54, 1971, be presented this 9th day of September, 1971, and to be presented for final passage on the 7th day of October, A. D. 1971. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 4C ORDINANCE NO. 55, 1971 BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY Don Reynolds, Planning Director, explained this area, Saying it was one-half way between Hickory and Willox, that the Planning and Zoning Board recommended denial by a vote of 3 to 2. He read from the report of the Planning and Zoning Board, to the effect that the existing HB zoning represents the best use of the property and that rezoning would contribute to further fragmentation of the area. Also that Dr. Patterson recommended denial of this rezoning. because good land is being developed and that it is getting more scarce. Elery Wilmarth stated he was present at the meeting of the Planning and Zoning Board and that there were no one at the meeting to oppose this rezoning, that one member came in late after presentation of this matter and without knowing all the facts, voted for denial. He stated that there was room for 5 mobile homes, there was a motel adjacent, the House of Guns was just south of there and right across from it is a Skelly station, and this area is getting more and more mobile homes. He stated that when no one comes to opose and when MM zone already exists, asked that this business man,his client, be allowed to use this small parcel of land as a Mobile Home park. He said he wants to utilize the back part of the land, that it sets back 400 feet from the highway, and that would be difficult for any one to develop, Mayor Carson said what the Council and Planning Department is trying to avoid is a hodge podge of zoning. Mr. Wilmarth stated that regardless HB zone is being developed by putting in MM zone in here and in support of future use, we cannot refuse this man from developing this land for five pads for mobile homes. After further discussion, motion was made by Councilman Lopez, that due'to the fact that there is considerable non -conforming development on this area, that this ordinance be approved. This was seconded by Councilman Peterson. Upon a roll call, Councilwoman Preble, Councilmen Carson and Fead voted Naye . Ordinance No. 55, 1971, was defeated by a unanimous vote. AGENDA ITEM 5A - Removed The Assistant City Manager, Mike DiTullio, invited the Council to see the new polygraph machine for the Police Department in the basement of City Hall, that is Federal funded. Mayor Carson presented the following letter: u.rl E. Cars0:: Mayor, City of :ort Collins P.G. Box 580 Fort Collins, Co-orado 8G52'_ D.;ar ::ayor .,arson. Prasidcnt \ixon 4.. 1 t - Ocooer ap:.Ointca "GG- -.a you recall, . .....'.J i3r JGbs for vcterans advisory co:�-.n,'��2.0 " i"ie Of risinr5 w.,Mcn3n vie unana era VO�:crans. The personally asked ne -LO serve on the CG.:d:1'.,t we and _. accepted. for 4:C at Since tthatiiI1C, 'r1C have been 5_J::a.Z':.:11, -L7C C0:15'_CF:r "� •,,.-. ._ GGlGradO bed=::=:.n= nay CC at least a t1a0-yew.- ccLn1_ -1C,.. i- , .+ this July 1st. OrCa.nization of the Governor's Jobs for Veterans Task Force on April 1, to coordinate the statewide effort, perhaps '-s the most significant devoicTr-en'.: SO far. IIOWCVery I no.a at:,r:;ady t0 take another important step --the organization Of T"' k Forces in 30 cozmmunities throuShout Golorad0. It scems loical and praC-�ical t0 me t0 for"' these Vl�al loco`:' groups t�"1rOU�h t'-c iayor 0f each co -'.,':Unity Wlth the cco e-at 10n ,,nd direct assis':ance of the lOCal Office ::ana�;er of the Colo- rado Division of lr?loynent, Who is involved deeply _.: the caln- :.OreOVer 7 h,a annofnted pai,=gin and who has . j :'Ul.l 5UPPO0lt. , - JaC.eS M. Shaffer, xccu-,ivc Director Of the Labor k Department, Chairr_a.n Of the GOver'ior's Jobs for Veterans Tas'', Orce, to direct the camp a:Cn. ^_he probler, is a c.^.^llen_-in,- one in Colo-,,C'..o, but not insur- LIOUntaGle, A' present, sere ]s e. tob o, appro>:inately 10,V00 ... . �at rile 0—ices oZ tho D1V­E:.C:. 0- gmployment, and Lori ,-.'a;-, 10,000 vC`L2_a:1S are expcc�c(, t0 rCiUr.^^• :o tilc state fr01:: SC�C.Iu;lGCl coni;-rs GUT'].I t1115 for�G min; fisoa year. Tile S1 Lla.t. O'. !.��. tee co:".AOUndcd further ishen Jl:nc r cua`es oc:,in cr. ln;ece C, nrd workcrs fro:: other J 4 cs if: L"T'tit0 i:0 Col-o-,-40 tai= ski;"mcl. 2-on%in , for �0`bs. I -i0lf Gi Gi �l: rV..J_V• V- ..�:.`-. v �Jl LJ 3.J JJ-...1.- J J rti�cr do - s ur aS v .t..�0 t VGvJ aGl Jalle G U LL S day ; JUly �_CaSC i.a J1ii. Sknow now if you nz%VO any CyGesz ons or Task :-'O:.'Cc c':-.. assist you l'_'. :;/ 1:ay, _..:fy �Gd rCnt, tearcriGrlc 1jCt`rTCCn :-±11-....:.Vii..Ul3i.% t �nVOivc", Z --- oc "tho :i.:y O succQa - 0c].ks-e yo,,Iz ccope-rat ion aru- "itni3 extremely important and Stier tl:l•T:.i;.e effort to .1e+p our ve-ce-rans. i :ecrcly, John A. Love Governor Mayor Carson recommended approval of the Task Force of the following people as representatives from the Governor's office: Mayor Karl E. Carson Charles Bennett - V.F.W. Post #1718 Michael DiTullio - City of Fort Collins George W. Draper - Division of Employment A. 0. Farrar - C.S.U. C. E. Gilliland - Labor Richard C. Graff - Poudre School District R-1 John J. Huddle - Larimer County Veterans Service Officer Clyde Hummel - American Legion Post #4 David Moore - American Legion Post #187 J. Wesley Van Ornum - D.A.V Post #5 Harold Warren - Business Ralph A. Braden - Division of Employment Motion was made by Councilman Fead, seconded by Councilman Peterson, that this recommendation be approved. Upon a roll call, all members of the Council voted in the affirmative. Mayor Carson announced that meetings on the Budget would be held Tuesday and Wednesday nights and expressed a hope that more citizens would be present this year. ADJOURNMENT: Motion was made by Councilman Fead, seconded by Counci Upon a roll call, all members of the Council voted in/ ATTEST: City Clerk Lopez, that the Council adjourn. affirmative and the Council adjourned.