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HomeMy WebLinkAboutMINUTES-05/25/1972-Regulara2� - MINUTES OF MEETING May 2S, 1972 — May 25, 1972 - The City Council of the City of Fort Collins met in regular session at 7:30 P.M. in the Council Chambers of the Municipal Building on Thursday, May 25, 1972. Present: Councilmen Carson, ,l:onez , Councilwoman Preble, Councilmen Peterson and'Fead. Also Present: Tom Coffey, City Manager Arthur March, Assistant City Attorney Charles Liquin, Director of Public Works Don Reynolds, Planning Director Verna Lewis, City Clerk Mayor Carson presided. Dispensing of Minutes Motion was made by Councilman Lopez, seconded by Councilwoman Preble, that the reading of the minutes of the last regular meeting held May 18, 1972, be dispensed with. Upon a roll call, all members of Council voted in the affirmative. Mayor Carson announced that because of the vote of the 23rd of May, the City will be without a City Manager as of the 12th of June, 1972, stating that the Council will move as quickly as possible to advertise for another, and that Mike Di Tullio, Assistant City Manager, will be City Manager until another one is decided on. Mr. Di Tullio thanked the Council for the honor, stating he was committed totally and fully to this community and the months ahead should slow us down in leading this community where it belongs, and that he hoped he could aid in getting the City through this difficult time. AGENDA ITEM 2A RENEWAL APPLICATION FOR FERMENTED MALT BEVERAGE LICENSE BY V.C. BICKEL DBA TOOT'n MOO, 800 NORTH COLLEGE AVENUE The City Attorney stated that it is required that applications be filed before the expiration date, but had discussed this with the State Licensing Authority and they advised that this license be renewed. REPORT OF POLICE DEPARTMENT Dear Sir: On May 19, 1972, the above applicant applied for renewal of his 3.2% Fermented Malt Beverage License. On May 22, 1972, this office received his application for review. In checking the.files of.the Police Department, it.was discovered that oneLiquor Violation had r��ccured at this establishment during the past nine months. It was an incident of purchase of 3.2% beer with a false identification. The manager of the establishment was contacted and the incident was discussed with him at the time of occurance. This officer can find no reason for denial at this time. Respectfully submitted, /s/ Jerrold J. Haals, Detective Vice and Intelligence Bureau Motion was made by Councilman Peterson, seconded by Councilman Fead, that this renewal be approved. Upon a roll call, all members of the Council voted in the affirmative. Mayor Carson declared the Council setting as a Liquor Licensing Authority. AGENDA ITEM 3A PRELIMINARY HEARING ON APPLICATION OF PAXTON'S PUB DBA YE OLDE PUBLIC HOUSE", 2626 South College Avenue. The Assistant City Attorney stated that the application was not in proper form, that the interior of the building or architects}RR ans is not complete. Mr. Wm. Allen, Attorney, said that the State Revenue Department told that all that was required was how the building was going to look and the lay out of the inside, that the plans and specifications all meet the requirements and that all this needs is a n architects rendering, but does not need the stamp of the architect. Mayor Carson stated that this should be clarified, that it the usual procedure to have the architects stamp and did not want the people to think he was any different than anyone i ^3 May 25.._l9$2 else. Mr. Allen stated that if this was a problem, the State will not accept the license.. RESOLUTION 72-SO OF TIM COUNCIL OF E"L CITY OF FORT COLLINS ACTING AS TIEF LMV, LLCEN'SINV, AIP (YRITY S1717ING FORTH FINDINGS ON A PRELL•il-ir'ARY iflWZING ()N A LIQUOR LICENSE APPLICATION lffiM,IkS, heretofore, PAXWN'S PUB, LTD., made application to the City of Fort Collins for a package liquor store license; and 11EREAS, the City Council, acting as the local licensing authority, I as received reports concerning such applications, and has held a preliminary hearing on such application as provided in Rule 3 of the Rules of Procedure of the Liquor Licensing Authority. NOW# TIMJT—ORE, BE IT RESOLVF_D BY TILE COUNCII. OF TIE CITY OF FOR COLLINS, acting as a local licensing authority, that the authority I_sreby -makes the foll wring preliminary findings and detcnainations concerning this application, subject to the right of any party in interest to present further evidence concerning any of such findings and determinations at the hearing to be held on this application on the 1st day of June, 1972: 1. That the subject premises are proper premises under the ordin- ances of the City of Fort Collins and the laws of the State of Colorado to be licensed for the sale of liquor as applied for by the applicant. 2. That the boundaries of the neighborhood to be served by this applicant are as follcls. City limits o:. the South, Shields Street on the lVest from south city limi.ts to Drake Road, then Fast on Drake Road to C $ S Railroud tracks, and North on railroad trades to Pros- pect Street, thence East on Prospect Street to Storer Street, South on Stover Street and Stover Street extended (centerline Of section) to scut-, City lilalts. 3. That the necessary notice of hearing by publication and by posting of the premises has been given as provided by law. 4. That ,c applicant is qualified under the ordinances of the City and the laws of tihc State far She liccnss applied for. 5. That the a pplication is in proper form end will be heard by the authority or. June 1, 1972. Passed and adopted at a regular-:eeting of the City Council held thi!�; 2Sth day of May, 1972. /s/ Karl E. Carson Mayor ATTEST: Verna Lewis 1 y er ,lotion was made by Councilman Fead, seconded by Councilwoman Preble, that this resolution be adopted. Upon a roll call, all members of the Council voted in the affirmative. Mayor Carson declared the members again acting as Council. AGENDA ITEM 4A ORDINANCE NO. 25, 1972 BEING AN ORDINANCE ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1971, PROMULGATED BY THE NATIONAL FIRE PROTECTION ASSOCIATION WITH CERTAIN CHANGES AND AMENDMENTS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF Motion was made by Councilwoman Preble, seconded by Councilman Lopez, that Ordinance No. 25, 1972, be adopted. Upon a roll call, all members of the Council voted in the affirmative. k4ard Fischer, Attorney and President of the Water Board, was »resent and spoke at length regarding the water of Fort Collins. lie said that he and the Assistant City Attorney had been working together and been reporting their progress to the City Manager, that they have worked closely with the Water Board and the Council, and asked who will speak for the City in the matter of the application of the City for approval of the plan for augmentation. which will probably mean a court case, in two or three weeks hence. He said that a Court cost would adversely affect the City , lie said the proposed plan of augmentation comtemplated the change in point of diversion of a number of water rights,including Aportions of the water rights of the Ditch Companies, which are the New Mercer Ditch Company, rthur Irrigation Company and the Lari.mer County Canal No. 2. He asked whether they should continue with this study and who should they report to. The City Manager said he endorsed the study and that Mr. Fischer does need someone to confer with. Mayor Carson said that Mike Di Tullio, the Assistant City Manager, knows enough about this and with some instruction, can go ahead with this. Mr. Fischer said that they would continue with Mr. Coffey until he retires and then with Mr. Di Tullio. Councilman Fead said the City cannot afford not to proceed. Councilman Lopez recommended that Mr. Di Tullio report, and.that he attend any meeting pertaining to water. Motion was made by Council- woman Preble, seconded by Councilman Lopez, that this study be continued and report to Mr. Di Tullio, Upon a roll call, all members of the Council voted in the affirmative. >:r. Fischer said there i0possible solution by the ditch companies to avoid a court case, which would be lengthy. This solution would allow the City's petition to be granted, while at the same time affording protection and avoidance of injury to the protesting Ditch Companies. The City will continue to pay the assessments on the retained stock, but will not use the stock for its own purposes and will allow the water to continue to flow in the ditch for the purpose of reducing the shrinkage and evaporation for the benefit of the remaining stockholders, provided that should the ditch ever be abandoned or the companies agree the stock is not necessary for for the purposes for which it is to be retained, the City will be released of this obligation. Fie said that if the City has excess water, such water will be for rent , on a preferred basis, however, the ditches which the City has a moral and legal commitment, has first priority. Fie said that from $1,600 to $1,800 would be eaten up in court costs. The Assistant City Attorney stated that when this -project was first started, itwas-the Council's recommendation that we try to augment which would do no harm to any agriculture area, that to use these waters would help considerably, that it takes time to get water in a useable condition. Mayor Carson instructed the Attorney's to proceed in the agreement to settle. Motion was made by Councilman Fead, seconded by Councilman Peterson, that the City Attorney be authorized to proceed to make a settlement with the Ditch Companies. Upon a roll call, all members of the Councilvoted in the affirmative. The City Manager said he gave a report of City owned water as ofihe first of the year, and read the following report as of May 25, 1972: �J December 31, 1965 RIVER RIGHTS 8,240.000 COLORADO BIG THOMPSON 6,122.900 NORTH POUDRE 1,959.248 PLEASANT VALLEY & LAKE CANAL 2,152.892 SUBTOTAL 18,475.044 ARTHUR IRRIGATION 489.506 NEW MERCER 248.112 LARIMER COUNTY #2 179.568 WARREN LAKE WATER SUPPLY & STORAGE JOSH AMES TOTAL 19,392.230 VALUE AT $250 ACRE FOOT $4,850,057 WATER PURCHASED AT COST 1,195,007 WATER FURNISHED AT $250 ACRE FOOT 395,907 $6,440,971 May 25.,_19.7.2 May 25, 1972 8,240,000 7,597.328 4,677.410 2,940,340 23,455.078 675.113 308.750 381.821 127.130 963.000 1,442.000 27,352.892 $6,838,223 6,440,971 $ 397,252 ,he City 'Manager said that the water program has been extremely profitable, that the City has enough water to serve 87,200 people with water, but must have substantial reserves in case we do not hay.- the rainfall, stating that water is more important than money in the bank. Mayor Carson stated that the City has. increased their water considerably since 1965, that the City has competition from Eastman Kodak and Boulder. He said the Council needs to review their policy with the Water Board and have a meeting with them. AGENDA ITEM SA BIDS - VEHICLE: Trencher with Trailer A summary of the bids are as follows: BIDDERS Ditch Witch of Colorado Empire Equipment Co. Tri-State Equipment Co. $13,996.00 •45 days . 14,518.86 45 days BID RECEIVED TOO LATE TO BE CONSIDERED. Mr. Fred Garth, Superintendent of Meters and Serviced has evaluated the bids. A copy of his letter of recommendation is attached. Based upon (r. Fred Garth's letter, the recommendation is that Empire Equipment Company, 5505 Vance Street, Arvada, Colorado be awarded the bid for a Vermeer manufactured trencher and trailer. Resnectfully . E. M. Kuppinger Purchasing Agent _May_25. 1972 FROM: Fred Garth, Supt. of Meters and Services SUBJECT: Recommendation on bid for trencher and trailer. There were two bids received on this trenching and trailer unit. One bid was from Empire Equipment Company and the other from Ditch Witch of Colorado. Ditch Witch of Colorado was the low bidder, they bid $13,996.00 and Empire Equipment Company's bid was for $14,518.86, a differ- ence of $522.86. After reviewing the bids and reading the descriptive literature submitted with each bid it was discovered that Ditch Witch of Colorado did not meet specifications nor had they listed any exceptions on the bid. Our specifications called for a trenching unit with articulated steering which is very important when working in narrow areas such as between houses and also this type of steering greatly reduces damage to customer lawns. The specifications also called for a hydraulic operated dozer blade that would tilt to the angle or contour of the land and a back hoe capable of digging a hole 103" deep. Ditch Witch of Colorado did not meet these specif- ications. it is recommended the bid for trencher and trailer as per specif- ications be awarded to Empire Equipment Company, 5505 Vance Street, Arvada, Colorado for a Vermeer manufactured trencher nd trailer. Fred Garth Supt. Meters and Services Motion was made by Councilwoman Preble, seconded by Councilman Fead, that the recommendation of the Purchasing Agent be approved. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM SB Mr. John Kochenberger, Attorney for owners of property in Spring Creek, was present stating that this rezoning took place three years ago, that the owner does not wish to develop the property in the same style, stating that a special election would not serve any purpose and recommended that it not be held, stating that it seems we have had enough elections. Mayor Carson said it was appropriate that this ordinance be rescinded. ORDINANCE NO. 29, 1972 BEING AN ORDINANCE REPEALING ORDINANCE NO. 19, 1 Motion was made by Councilman Lopez, seconded by Councilman Fead, that Ordinance No. 29, 1972, be considered favorably on first reading and ordered published this 25th day of May, 1972, and to be presented for final passage on the 15th day of June, 1972. Upon a roll call, i all members of the Council voted in the affirmative. AGENDA ITEM SC POSSIBLE VIOLATION BY JOHNY'S LIQUORS Ill WEST PROSPECT REPORT: On January 8, 1972, the owners of the above named store were called to the Police Department and were warned reference selling liquor and/or beer to a minor. They were warned that any violation •could be brought to the attention of the Council. On May 5, 1972, we once again found them selling intoxicants to underage individuals. Because of these two (2) violations, I am respectfully requesting that the Council give considerations to action regarding their liquor license. I have enclosed a copy of case N105474 which outlines the details of the last violation. Respectfully submitted, /s/ Ralph M. Smith Chief of Police '-Y�7 May_2 S_,_19 7.2 Ll Motion was made by Councilman Peterson, seconded by Councilman Fead, that June 15, 1972, be set as the hearing date on this violation. Upon a roll call, all members of the Council voted in the affirmative. second campus west subdivision SECOND CAMPUS WEST SUBDIVISION Don Reynolds, Planning Director, stated this was located on West Elizabeth, on Shields and City Park, and that the utility easements have been signed. He said there was a possibility of a Unit Development plan. Motion was made by Councilman Fead, seconded by Councilwoman Preble, that this subdivision be approved. Upon a roll call, all members of the Council voted in the affirmative. Don Heineman was present and thanked Mr. March, the Assistant City Attorney, for his part in the special election and wished Mr. Coffey, the City Manager, luck on the trout stream upon his retirement. He said that since Mr. Coffey was retiring as of June 12, 1972, he thought it appropriate for the Mayor to retire at the same time. th n Mayor Carson said he did no0t is kind of sarcasm was necessary and thought it necessary to have a Charter Convention and that the committee of concerned citizens should be involved, that the charter amendment is not effective and it was his opinion that the convention shouldbe done. The Assistant City Attorney said he thould it would be a good idea to enlarge the Council to seven members. He said that this would be have to brought to a vote of the people. COMMUNICATION Wo are here tonight to advocate an increase in the tap fee. At present the tap .fee in Fort Collins is only $40. This is a one-time levy paid by a new home builder on each dwelling unit. This assessment is earmarked for purchase of park land. The tap fee in Fort Collins is abnormally low -- approximately $100 less than other Front Range cities. The failure to raise the tap fee in the past has created the present crisis. The need for new parks is now urgent, particularly in newly developing areas. Let me give ,you an example from our own area of Fort Collins. When we moved here, four years ago, there were many vacant lots close to our home, and they served as makeshift park area for children. However, this area is developing rapidly. In just the past year alone, within a two -block radius of our house, we can count 37 new dwelling units. If the tap fee had been increased a year ago from $40 to $140, these units alone would have provided an additional $3700 for the aquisition of park land, to say nothing of Federal matching funds. As it stands now, there are approxim ately 400 homes in the quarter section south and east of Drake and College. There are now very few vacant lots still available for purchase, and, as these lots disappear, and fences are built, children spend more time in the streets. Our area is not unique. It is simply the one that we know the best. As Fort Collins grows rapidly, there has not been a corresponding growth in the number of parks. The need is serious now, and will become desperate as land is no longer available. - The tap fee is a levy, paid only once, but still one of the many tax burdens on the tax payer. However it differs from other taxes in that the parks it provides more than pay for the tap fee in increased attractiveness of the property. We own our own home; our $40 tap fee has been paid. We are here tonight to say to you that we personally feel'that parkland aquisition is so important that we wish to invest in our city an additional $50, to be put into the fund for park land aquisition. When you do raise the tap fee, we will send a second check, in an amount sufficient to bring our contribution to the park aquisition fund up to the new tap fee. If, for example, you raise the fee to $140, we will donate another $50. Action on the tap fee has been postponed long enough. Development of parks can wait -- but land aquisition cannot. We ask that you raise the fee now, before the summer building season. Every day that ,you wait means less money available, less land available, higher prices for the land that ,you buy, less Federal matching funds, fewer parks for our children, and a greater load on the parks we already have. Norman and Ednah Illsley 209 Allen Street Fort Collins, Colo. May 2h, 1972 Mayor Carson said this request was most generous and have been considering the matter. He said there was a park land fee of $40.00 per living unit. He said the water tap fee is set at $185.00. It was stated Mobile Parks have a fee of $140.00 per pad. The "lanning and Parks Department was instructed to report to the Council a reasonable conformity on what is being done in this category. It was stated that there is $109,000 in the fund now for, the park fund and have Federal funds on both parks. Andy Anderson was present and said the members of the concerned citizens for choice City Government had dissolved as of May 25, 1972, after achieving their goal, but was willing, to work with the group to work with the City of Fort Collins, and that they would continue to be S3dflies and sting the Council at any time they get out of hand. An individual in the audience said the Mayor had his vote of confidence and hoped that he would not resign as Mayor. Mayor Carson stated that he felt he had a responsibility to the City of Fort Collins and would stay until the next election. Harry Troxell, a former Councilman, was present and stated that he would be dishonest if he did not praise the City Manager, stating that he has assumed leadership in the community and has worked hard, that there was never a time when a matter was presented to him, that he did not respond and felt that some of the things that have happened is going to delay the progress of the City. He said that Mr. D� Tullio has proved his ability, but does not have the experience to do this, saying that we owe an awful lot to Mr. Coffey. Bob Moore appeared and said he had interviewed a lot of people on why they voted the way they did. lie said the City Council is not the structure of the City, that the Cities that have a City Msn3ger t;-pe of government should represent the City. He suggested that the City be divided into 9 districts with a representative for the Council from each district and bring this to to the election next year so that this can be implemented at that time. A citizen in the audience asked about the zoning sign on South College, a block from the High School which is BP zone. Mayor Carson said the zoning was done in 1965, that the Council had no experience at that time and have had no request that it be changed, that it might be a mistake. A citizen stated that the best thing that can happen is that more ladies run for Council and asked if there could be a period of instruction for a candidate to inform them on various matters that might come up.in Council. Mayor Carson stated that the experience is costly but rewarding. ADJOURNMENT: 9:45 P.M. Motion was made by Councilman Fead, seconded by Councilwoman Preble, that the Council adjourn. Upon a roll call, all members of the Council voted in the affirmative and the Council adjourned Myor ATTEST: ty Clerk