Loading...
HomeMy WebLinkAboutMINUTES-10/28/1971-Regularr7 6?? October 28, 1971 MINUTES OF MEETING October 28, 1971 The City Council of the City of Fort Collins met in regular session at 1:30 P.M. in the Coun cil Chambers of the Municipal Building on Thursday, October 28, 1971. Present: Also present: Mayor Carson presided. DISPENSING OF MINUTES Councilmen Carson, Lopez, Councilwoman Preble, Councilmen Peterson and Fead. Tom Coffey, City Manager Arthur March, Assistant City Attorney Charles Liquin, Director of Public Works Motion was made by Councilman Lopez, seconded by Councilwoman Preble, that the reading of the minutes of October 21, 1971, be dispensed with. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 2A ORDINANCE NO. 58, 1971 BEING THE ANNUAL APPROPRIATION ORDINANCE RELATING TO THE ANNUAL APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JANUARY L, 1972, AND ENDING DECEMBER 31, 1972, AND FIXING THE MILL LEVY FOR SAID FISCAL YEAR. Motion was made by Councilwoman Preble, seconded by Councilman Lopez, that Ordinance No. 58, 1971, be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 3A SIGN ORDINANCE - Tabled from .July 22, 1971. Motion was made by Councilman Fead, seconded by Councilman Peterson, that this be removed from the table. Upon a roll call, all members of the Council voted in the affirmative. ORDINANCE NO. S9, 1971 - Hearing and First Reading BEING AN ORDINANCE AMENDING SECTIONS 19-42.4, 19-37 AND 19-49, OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, AS AMENDED, AND ESTABLISHINCCOMPREHENSIVE REGULATIONS AND RULES CONCERNING THE PLACING OF SIGNS IN THE VARIOUS DISTRICTS UNDER THE ZONING ORDINANCE. The following letters were presented and read by Mayor Carson: ;'ir. Mayor, Honorable Coianc:i.l members and frienc;s-- I am Dorothy Stringer, .layman. Most o;: you gentleman and lady are in receipt of a lettor you should have gotten the first part of this week. I trust you had time to read it. It conce-rnod protecting personal and private property rights. I gave a copy of that :Letter to the Coloradoa.n. The city desk gentlora.n said he would print it Sunday --of course he didn't say which Swid.ay. It has not boon printed to date unless it is printed today —too .late of course. If you rend last night's paper, the editorial you road sounded like a rebuttal to ray letter. Strange. The words, '".le should enact a strict code now, if we want the "Choice City" to remain "Choice" some 1.0 or 20 years from now. Strict is 11 l Karnsting word. Consider: with that reasoning-K 1.0 or 20 years, ;roc. "strict" wll.l your apparently biased newspaper bo7 Consicer also that one "strict" regulation taking away personal and priv^to pronerty rights will be followed by another and another and still another. That makes for a "choice city"7 is that the city that you, Nr. ?Mayor and council members and Mr. Reynolds, is that the city you are planning? You say, then how can the city 'progress. It will in spite of you -- if you lot it be .free. There are many areas that can be improved that hold more weight in peaceful living than a, sign on a building. Perhaps, one way streets, boutify areas with plants and modern 74 October 28, 1971 tochnology, influence the degenorated atmosphere of crime thru whatever channels --and there are many, clean up your court systcn, a n nr building didn't help. Granted., that's not as easy as passing a. strict sign code but i contend it carries much greater weight and depth those things carry --much greater importance to having a "Choice City" in which to live. Also, now areas will be planned to suit tho situation and one area may find certain minor restrictions more needed than others. Such restrictions are bought into, not imposed upon a people. Then,, I-r. City Planner, do you know the power of suggestion? :eopie want to comply (generally) If you have a good plan and properly propose it, it'll take. May take a little time but you'll take a little time but .you'll see it grow. You know the saying, "Plant a seed and watch it grow". Sa.c to the nronosod ai�,n code. G:. c;orntr;r ha:: pri.dea 3'L.1:,_f on privai.^ c+i]i.>.Y'oriSe ].nc.lud'-7 M-i.l..l. Then wily dio ,you coi'1£7ider .further penai.lS `IIIF SG:1.11 UU:.;:L11e5 F] Yl'i'til .„ ., raal_.L S:1 r'a j is ,you want to be so fair, all C�1.'.;7.P.eu3eG ,iha.ld havecrriviL^ci;-c of r the sago size si-n. That would be fairsI Thank you, I.r. I'iayor and. Council icembero for listonin- =o k-Indly. I ask ,you to consider the big picture, consider the principles i.nvolvad, consider is usurpi.ng property rights is required to koop Fort Collins a "Choice City". /s/ Dorothy Stringer Dear Mayor Carson, I am writing as a business man of Fort Collins, who is working hard to retain my business. For the small business, each year it is more difficult to equal sales and profit of the previous year, army? Each year our social security tar, increases. Two years ago my business paid 4.8%, 1971 - 5.20i; and in 1973 it will be 5.65%. This same is true of Federal and State Unemployment taxes, workman's compensation and property taxes. All of these taxes help you as a citizen, either directly or indirectly. All other costs have been rising; insurance, labor, materials, etc., and competition too! So we can't lose too much more through restrictive laws, such as the new sign code, and stay in business. I am not saying we shouldn't have a sign code.We need one.. To often, however, the sign code adopted is too restrictive and really hurts the small businesses, who feel their signs are a vital part in generating sales and profit. I believe small businesses can live with the sign code as agreed upon,by the sign committee, the Chamber of Commerce committee and the DDT2. Any further changes to reduce sizes, types, set backs, etc,, will. hurt our chances to continue to serve our community. Protect and keep us; we are a vital part of Fort Collins. We need your support and you need us also. Sincerely, J hn Dale Power Gentlemen: Since the city of Ft.Collins is considering adopting a sign code, it should be one that is of some good to the majority of citizens. The present ugliness with which we are daily assailed is of no benefit to anyone --business, would-be customers, and least of all, to children. That children growing up with such clutter and ugliness all around them would learn to accept this as the normal condition of cities, or the countryside for that matter, is a major tra.iedv. O.ct ober_28.,_19.7.1 If signs that blink, move or obscure traffic regulators and/or the businesses they "serve" were necessary, I would reluctantly agree to allow them to remain. Since they are not necessary and are even a hazard to safe driving, I ask.that you adopt a sign code that is forceful enough to help us clear the air and the streets of unnecessary clutter. Sincerely, Mrs. J. Stuart Krebs Mr. Dayton Johnson was present stating that he had called on others concerning the sign code and had worked with the DTT committee on the study of this. lie expressed support of the ordinance. Pam Washburn was present, also expressing support of the sign ordinance. She stated thatther were, three wommenIs organizations with 32S membership whohad dedicated a great amount of time and effort in circulating a petition to the residents in support of this sign code. She said they obtained 1,377 names. She stated that Mr. Lopez had requested information from other communities having a sign code, that this had been done and that 19 communities had been contacted all over the United States, sent a questionaire and a letter of information about the Fort Collins proposed code. That 10 responded and had a similar code and had successfully lived with a strong sign code and benifited from -it. She said these groups had donated approximately 400 hours in supporting this program. Mr. Fred Franz was present stating fiat Dr. Robert C. Patty , Professor in College of Business at C.S.U, James A. Cox, Jr. a local architect, Donald E. Reynolds, City Planner, Mr. K. Bill Tiley, Land Developer and Real Estate leader, Mr. DAniel R. Ellison, County Planner, Mr. John Power, owner of University Motor Inn,Gordon Clyde, Chief Bldg, Inspector, William R. Deno, studying in the School of Arthitecture at C.U., and himself, all supported the sign code. He said they were associated with the sign code drafter's committee whose sole purpose was to give a basis for an effective sign code, one that was fair for all, not prejudiced, a need for signs, invironmental needs and to keep Fort Collins a beautiful City. Mr. Henry Caulfield, a member of the DTT committee that studied the code, was present, stating that they feel that the revised code is a fair document that both business and, those concerned about the aesthetics of the City,can live with. Mcrle Goddard, Executive President of the Chamber of Commerce, was present and said that the sign code drafters committee and the Chamber of Commerce was in agreement, that he felt the sign ordinance was fair and hoped it was initiated. Don Reynolds, Planning Director, stated that where wind driven signs are indicated in the ordinance, that banners and pennants should be deleted, that this should be looked at before second reading. Mayor Carson said the Council would have a review on this to clear up any confusions. He said that the study on this ordinance shows democracy and action in different groups, that he had reservations concerning divergent groups getting together and coming to an agreement on the code, and will find areas that we will want to change, and commended those that spoke concerning this sign code. The Assistant City Attorney advised the Council that Page 7, Section D, and Page 8, Section 10 (a), be changed prohibiting rind driven signs, except banners and pennants. Councilman Fead said he was pleased atthe cooperation that has taken place in this revision. and a5ked Mrs. Mildred Robbinson was present/why the taxpayers have to listen and comply with these committees, and why do we need this ordinance to tell us what signs come down. Mayor Carson said the City had had a sign code for many years and this is to improve it, that the Council has power set by law and many groups representing a cross section of Port Collins have taken an interest and made suggestions, stating that not often do we get this many together and arrive at an agreement. After further discussion, motion was made by Councilman Lopez, seconded by Councilwoman Preble, that Ordinance No. 59, 1971 be considered favorably on first reading this 28th day of October, 1971, and to be presented for final passage on the 18th day of November, 1971. Upon a roll call, all members of the Council voted in the affirmative. Mr. John Powers was present and stated that if the Sign Code is adopted, that there should be an appeals board. The Assistant City Attorney advised Mr. Powers that the Zoning Board of Appeals would take care of this, and is a matter of validity. AGENDA ITEM 4A PLAT OF HILL POND SUBDIVISION FIRST FILING AND UNIT DEVELOPMENT - 76 W194WE Consider plat of Hill Pond First Filing and Unit Development Plan involving approximately 9 acres with RP, Planned Residential zoning. The Planning and Zoning Board considered this item at its October 4, 1971 meeting and recommended approval. Developer: Phil Riddell and Associates Location: One fourth mile south of Prospect Street and east of Shields Street. /s/ Rick Cisar Secretary This development was explained by Don Reynolds, who explained that theree/dedicated streets, patio type houses adequate parking spaces on one side and two garage spaces for each unit,, also the drainage was proper and an easement adequate for green area. After discussion, motion was made by Councilman Fead, seconded by Councilman Lopez, that this plat be approved. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 4B RESOLUTION 71-91 OF THE COUNCIL OF TQ CITY OF FOR'i COLL116 APPOINTING W. A. BUJACK AS A MEMBER OF TI!E HUMAN RELATIONS COMMISSION WHEREAS, a vacancy exists on the Human Relations Commission; and WHL REAS, it is desired by the Council of the City of Fort Collins to appoint W. A. Bujack to fill such vacancy, and said IV, A. Bujack has indicated that he is willing to servo on said Commission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CIv OF FORT COLLINS that 11. A. Bujack be and he hereby is appointed to serve as a member of the human Relations Commission for a term ending Noveiaber 22, 1974. Passed and adopted at a regular meeting of the City Council held this 28th day of October, A. D. 1971. /s/ Karl E. Carson Mayor ATTEST: /s/ John Bartel City Clerk Motion was made by Councilman Peterson, seconded by Councilman Lopez, that this resolution be adopted.. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 4C RESOLUTION 71-92 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING ARNAUD NEIiTON AS A MEMBER OF THE LANDMARK PRESERVATION CO-211ISSION WHEREAS, Virgil Magerfleisch was appointed as a member of the Landmark Preservation Commission to serve until September 5, 1974; and WHEREAS, said Virgil Magerfleisch has resigned as a member of said Commission; and I WIlLREAS, it is desired by the Council of the City of Fort Collins to appoint Arnaud Newton to fill the unexpired term of the October 28.,_19.7.1 appointment for said Virgil to erfluisch, and said Arnaud Newton has indicated that he is willing to servo on said Commission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Arnaud :Newton be and he is hereby appointed to serve on said Landmark Preservation Commission until September S, 1974. Passed and adopted at a regular meeting of the City Council held this 23th day of October, A. D. 1971. i Mayor ATTEST: /s/ John Bartel City Clerk Ka..l E. Carson Motion was made by Councilman Lopez, seconded by Councilwoman Preble, that this resolution be approved. Upon a roll call, all members of the Council voted in the affirmative. Mr. Phil Riddell was present and expressed his thanks to the Council for consideration of Hill Pond Subdivision Unit Development plan and the sign ordinance. He stated that unit developments are the trend now and thought the benefits will be great. Both the City Manager and Mayor commended Mr. Riddell on this plan and hoped more developers would go the route of unit developments. a pamphlet pertaining to the Fort Collins Tree Ordinance on the planting, maintenance, regulations and specifications on the planting of trees and shrubs, was presented. The City Manager said that Carl Jorgensen, the arborist, who compiled this pamphlet, has 4one an excellent job, and would explain this at a later date. Mayor Carson said the City lead the way in a tree planting program. It was stated that Mr. Jorgensen has a comprehensive plan for this. The City Manager announced that the Downtown Merchants Association's project at Olive and Mathews for a low income hi -rise apartment building was accepted some time ago, stating that he had received a letter saying that it has been funded, that they select the contractor and negotiations are between the developer, contractor and architect. lie said it was a $1,200,000.00 project with 100 units, located at the old Remington School ground. COMMUNICATION FROM: Ralph M. Smith', Chief of Police SUBJECT: Fonta's Pizza Place, 133 North College 3.2 Beer Retail License Sir: I am respectfully requesting that the Fort Collins City Council give serious consideration to suspending the above named beer license for at least thirty days. I am asking this because we have had a case of underage drinking, plus the management allowing beer to be on the tables after midnight. They have also been serving beer in the restaurant area without serving food at the same time, then juveniles unaccompanied by their parents are present. Fonta's has had a history of fights and uisturbances, and apparently having a beer license has not helped the situation. This establishment has been warned by the Department, but their operation has not improved. Respectfully submitted, /s/ Ralph M. Smith Chief of Police The Assistant City Attorney said this has to be done by a hearing in at least 15 days. Chief of Police Smith said the owner was present and had promised to correct the situation, stating they do not want to take his license away if he will clean up his place, stating the Police has had quite a few calls on violations there. Mayor Carson stated this is a serious matter and the Council is strict about obeying the rules and regulations pertaining to these establishments. Councilman Lopez asked that is the Chief of Police meet with this man, that he did not think the Council should set a precedent, stating that serving beer to underage people is a serious matter. After discussion, motion was made by Councilman Peterson, seconded by Councilman Lopez, that this matter be tabled and see if the administration can resolve this,withcooperation from the owner of Fonta's Pizza Palace. It was stated if this matter cannot be resolved, a hearing will be conducted on this matter. Upon a roll call, all members of the Council voted in the affirmative. COMMUNICATION 601 Monte Vista Avenue Fort Collins, Colorado October 25, 1971 The Mayor and City Councilmen Of Fort Collins. Dear Sirs, The preservation of a decent livable atmosphere in this city is, I am sure, one of your chief concerns as representatives of this city. I would therefore wish to call to ,your attention the noise pollution that emanates from the campus, particularly at weekends, which is becoming an increasing problem for those of us who live in residential areas relatively near to it, with seemingly no solution or control by campus author- ities. Summer weekends for us are devastated by the roar of go-carts racing in the campus parking lots on South Shields street, for periods of up to 6 hours at a time, and on more recent weekends, we have the assault of pop music played from dormitory rooms that can be heard half a mile or more away. If the president of the University , who lives as near to the source of these disturbances as anyene, does not hear it, or chooses to ignore it, then I feel that ,you, as representatives of residents of these areas should take it upon yourselves to lay do,m some rules. .;That goes on on campus is the universit*'s affair,except when it intrudes upon the lives of others unassaciated with it, who simply live here, and want to enjoy the pleasures of living here, which one would ",ink would include being able to sit at weekends in oneL own back yard,without the feeling one was living on a circus site. Any attention you can give to this matter will be most worthwhile, and will be appreciated by residents and students, all of whom cannot enjoy the disturbed atmosphere in which they are living. Yours sincerely, y? Mrs. Stuart Young. ADJOURNMENT Motion was made by Councilman Fead, seconded by Counc' man Peterson, that the Council adjourn. Upon a roll call, all members of the Cou cil voted in the affirmative and the Council adjourned. _ /j ATTEST: