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HomeMy WebLinkAboutMINUTES-08/10/1972-Regular-1 IT p 19 MINUTES OF MEETING August 10, 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, August 10, 1972. Present: Councilmen: Karl E. Carson Mabel Preble Charles Peterson J.W.N. Fead Absent: William Lopez Also Present: Michael DiTullio, Acting City Manager Arthur March, Jr., Assistant City Attorney Charles Liquin, Director of Public Works Don Reynolds, Planning Director Charlie Cain, Director of Finance Verna Lewis, City Clerk Mayor Carson presided. Motion was made by Councilman Preble, seconded by Councilman Peterson, that the minutes of the last regular meeting held August 3-, 1972, be dispensed with. The .motion carried. PROCLAMATION t;:e Colorado State Fair will he presented in. Pueblo, Colorado, from August 26, 1972, to September 4, 1972; and D11IEMAS, this presentation constitutes the one hundredth anniversary of the Colorado State Fair; and VIIIEIZ r'• 1.S, in order to uncourane citizen participation in the State Fair, arrangements have been made for t:he appearance of Glen Campbell at tic fair and no admission fee is being charged for entrance to the stands at the fair; and Vli71HRL- , t:e State Fair has for the last century pror:;oted Colorado and provided a means of exhibiting some aspects of this State and also has provided a form of recreation and entertaitunent for the poople of the State; and i:T�FI tiS, the production of the Colorado State Fair is worthy of the support of tlhc municipalities of this State. \41, T71-REFGRE, as mayor of the City of Fort Collins, Colorado, I do hereby proclaim August 26, 1972, to September 4, 1972, to be Colorado State Fair Cento nW Days in the City of fort Collins; and I do furthor urtie the citizens of the City of Fort Collins to sulr_.uort the Colorado State Fair and to participate in the activities of tic State Fair during, such period. Given under my haM and the seal of the City of Fort Collins, this Nth day of August, 1972. Isl Karl E. Carson Mayor of the City of Fort Collins AGENDA ITEM 3A RENEWAL APPLICATION - CITY DUMP 162 LINDEN STREET Motion was made by Councilman Fead, seconded by Councilman Preble,_that this be removed from the table. Motion carried. Mike Pierce, President of this establishment, explained that they had a decentralized system from Alabama, that the material was lost in the mail, and the expiration date was an oversite on the part of the City Dump Bar, and that they had closed when they realized their license was overdue. After discussion, motion was made by Councilman Preble, seconded by Councilman Peterson, that this license be renewed. The motion carried. Mayor Carson declared the Council acting as a Liquor Licensing Authority. AGENDA ITEM 3B SPECIAL EVENTS PERMIT AMERICAN LEGION ALONZO MARTINEZ POST 187 Paul A. Vigil appeared in behalf of this request for a special events permit for a Liquor License, stating that it will be mostly to Legion members and guests but it will be open to to public. Assistant City Attorney Arthur March, Jr., said that this needs to be open to the public and if anyone wishes to purchase a ticket, they not be turned away. Motion was made by Council- man Fead, seconded by Councilman Peterson, that this special events permit be approved. The motion carried. AGENDA ITEM 4A PRELIMINARY HEARING OF H F, M LIQUOR APPLICATION 31S RIVERSIDE DRIVE Assistant City Attorney Arthur March, Jr. advised the Council that he had .reviewed this application and is in proper form. He questioned Jack Vahrenwald, Attorney, representing H & M Liquors, concerning a felony charge of applicant, stating that according tb the rules a felony charge must be 15 years ago. Mr. Vahrenwald stated that this lasted 7 months and was more than 15 years ago. REPORT OF DETECTIVE BUREAU: On July 13, 1972, Harold L. Chavez made application for a Liquor License (Package Liquor) On July 30, 1972, this officer received the application for investigation. The following is the result of that investigation: BACKGROUND: The applicant is a resident of Fort Collins, residing at 2641 Avocet Road with his wife of 18 years and their two sons ages 15 and 11. Prior to his application for a Liquor License, the applicant was co-owner andMan�gerof the Eldorado Restaurant, Fort Collins. The applicant is no longer affiliated with this restaurant. The subject was fingerprinted by this department and in checking the files of the Fort Collins Police Department, this officer can find no felony convictions within the past 15 years. RECOMMENDATION: This officer can find no reason to recommend denial at this time. /s/ Ralph M. Smith Chief of Police Respectfully submitted, /s/ Jerrold J. Haals, Detective Bureau Mr. William Dressel, Attorney, appeared and objected to the hearing next week as it did not give him time to gather information on whether the needs of the neighborhood are being met, also to investigate the boundaries, and asked that the hearing be delayed. The Assistant City Attorney explained that the hearing date was set some time ago, and notice of publication has been set and neither side knows the boundaries, and asked Mr. Vahrenwald if he objected to a delay. Mr. Vahrenwald said as long it was not delayed too long but would not object to a delay of a week. RESOLUTION 72-80 _" 3 August 10, 1972 If S i OF iil: CO'!NZIL OF '17i.. l:i'i (?: ,''U:"i' ,iLZ.?:dS d.CTI`!C AS �.._J n`_aT ; •_.__"__.1 - :L1i-.I 5 Ja 1-T��. ii t T'\1'I1ri j 0 J A P '11 l I `v 1 \r,I (I ON A LILT; 0, i LICENSE PITUCATIUN lrHiii i (.S, horutefore, Narold L. Cihavez, doing business as Il u Liquor,,;, r adc :ann1ica2ion to tide City of Fort Collins for a paciiaae liquor store lice;isc; and 1t1IT'RL`^S, t:.c City Council, acting as tie local licensing authority, I has received rcpoxts co: corning sued a7plications, and as :ncld a preliminary hearing en sue 1 application as provided in kale 3 of the Pules of Procedure of the Liquor Licensing lultilority. - TV, '11:1.iPSiFOF1 , Bh IT !Ui' OLVE'D BY T[E COUNCIL OF 7I1 CITY OF FORD COLLINS, acting as a local licensing; authority, teat the authority hereby till: folle;iho prelil^Lhary fiaidings and dotes-,anati.ons concerning this applir_atioa, sudjcct to the right of any party in interest to present further evidence corlceriling any of _iuei firliLhigs aid determinations at the ihcari.ng to i;e held on this application on the 17th diy of AuSlust, 1972: 1. 'i.lat tllc Subject premises arc proper premises under the ordin- ances of the City of Fort Collins and tale la.,s of die Suite of Colorado to be licensed for t-i-o sale of liquor as applied for by the applicant. 2. That ti:c boundaries of tic neipliborhood to be served by this applicant are as follo;as: i:ouutain Avenuo and idvcrside Avclnue on tale egorth cm the ]last pro acct StToet on the South College Avwiuc on the P`cst 3. '!;grit tic: accessary notice of hearing; by publication and by posting of ulu pialliscs has been given as providod by la.J. 4. 1hat file applicant is giialified udder the ordinmices of the City rigid tihe lai,s of tho State for tiro lieemse applied for. C. 'i gat tie .1i711llcatlon is 1:n proper foni:'. and will be heard 1 I.ilc: i;11:1';ority e;i :1i: l st 11, 1972. Passed and adopted at a regular meeting of the City Council held this 10th day of .August, 1972. /s/ Karl E. Carson Mayor ATTEST: /s/ Verna Lewis City Clerk Motion was made by Councilman Fead, seconded by Councilman Peterson, that this resolution be adopted. The motion carried. Mayor Carson declared the Liquor Licensing Authority concluded. AGENDA ITEM SA ORDINANCE NO. 49, 1972 A q X '1t August 10, 1972 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 LINDEN STREET TECH CENTER ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Preble, seconded by Councilman Peterson, that Ordinance No. 49, 1972, be adopted. Motion carried. AGENDA ITEM 6A ORDINANCE NO. 55, 1972 BEING AN ORDINANCE AMENDING SECTIONS 19-61 to 19-63, INCLUSIVE OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 19S8, AS AMENDED, RELATING TO THE ACQUISITION AND DEVELOP- NIEN'T 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 The Assistant City Attorney stated that the motion August 3, 1972, was to make this an st temergency ordinance, also to make it retroactive. The legislative chart er=requires the ordinanc( t%e reason for this emergency and doubted if this would be an emergency and if the courts ruled against this, it would be invalid. He recommended that this ordinance go through the usual procedure. He stated that the developer will be given credit if negotiated with the City first .. Mayor Carson asked if there was a limit to the development of parks. Michael DiTullio, .Acting City Manager, said that the money would b�sed Car neighborhood and community parks as the need arose. Motion was made by Councilman Peterson, seconded by Councilman Preble, that Ordinance No. 55, 1972, be considered favorably on first reading and ordered published. this loth day of August, 1972, and to be presented for final passage on the 7th day of September, 1972. The motion carried. Bob Everitt was present and spoke regarding the developers providing park land. He stated that this costs about $10,000 a acre to develop park land and green areas, that Southmoore developed park land for 20,000 people and felt the ordinance should be amended whereby the City could pay them part of the cost, that if they opened this up to the puplic, the people would be in their back yard in this development. It was the consensus of opinion of the Council that a certain amount of credit shuuld be given to the developer who provides parks within the development. Motion was made by Councilman Peterson that this be approved and properly seconded by Councilman Preble, who stated that this matter should be reviewed every year. The motion carried. ADDED ITENIS ORDINANCE NO. S6, 1972 BEING AN ORDINANCE DETERMINING THAT THE NEED FOR A PROGRAM TO COMBAT DUTCH ELM DISEASE IS AN UNFORSEEN 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 Peterson, that Ordinance No. 56, 1972, be approved on first reading and to be presented for final passage on the 7th day of September, 1972. The motion carried. RESOLUTION 72-81 OF THE COUNCIL OF THE CITY OF FORT COLLINS REAPPOINTING ALBERT E. HOCKETT AND MARION T. ALLEN TO THE CITY OF FORT COLLINS BUILDING AND CONTRACTOR'S LICENSING BOARD WHEREAS, the terms of Albert E. Hockett and Marion T. Allen as members of the City of Fort Collins Building and Contractor's Licensing Board, have expired and the City Council desires to reappoint them as members of such Board and they are willing to accept such reappointment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Albert E. Hockett and Marion T. Allen be and they hereby are reappointed as members of the City of Fort Collins Building and Contractor's licensing Board for terms to end July 21, 1974, for Marion T. Allen. Passed and adopted at a regular meeting of the City Council held this loth day of August, 1972. /s/ Karl E. Carson Mayor ATTEST: /s/ Vern Lewis City Clerk Motion was made by Councilman Preble, seconded by Councilman Peterson, that this resolution be adopted. The motion carried. RESOLUTION 72-82 August 10, 1972 OF THE COUNCIL OF TI-M CITY OF FORT COLLINS REAPPOINT- ING CHESTER C. SMITH TO THE CITY OF FORT COLLINS BUILDING BOARD OF APPEALS VdIEREAS, the term of Chester C. Smith as a member of the City of Fort Collins Building Board of Appeals has expired and the City Council desires to reappoint him as a member .of such Board, and he is willing to accept such reappointment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Chester C. Smith be and he hereby is reappointed as a member of the City of Fort Collins Building Board of Appeals for a term to end May 1, 1976. Passed and adopted at a.regular meeting of the City Council held this loth day of August, 1972. /s/ Karl E. Carson Mayor ATTEST: /s/ Verna Lewis City Clerk Motion was made by Councilman Peterson, seconded by Councilman Peterson, that this resolution be adopted. The motion carried. RESOLUTION 72-83 OF TI-1E COUNCIL OF THE CITY OF FORT COLLINS REAPPOINT- ING IRV WILSON TO THE CITY OF FORT COLLINS HOUSING AL'PI-IORITY . ..... ............ . 1%UEREAS, the term of Iry Wilson as a member of the City of Fort Collins Housing Authority has expired and the City Council desires to reappoint him as a member of such Authority, and he is willing to accept such reappointment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Iry Wilson be and he hereby is reappointed as a member of the City of Fort Collins Housing Authority for a term to end May 20, 1976. Passed and adopted at a regular meeting of the City Council held this loth day of August, 1972. ATTEST: /s Karl E. Carson Mayor /s/ Verna Lewis City Clerk Motion was made by Councilman Preble, seconded by Councilman Peterson, that this resolution be adopted. The motion carried. RESOLUTION 72-84 August 10, 1972 OF THE COUNCIL OF TIME CITY OF FORT COLLINS REAPPOINT- ING DAVID C. J,44ES TO THE CITY OF FORT COLLINS HUMAN RELATIGVS C(ANMISSION WHEREAS, the term of David C. James as a member of the City of Fort Collins Human Relations Commission has expired and the City Council desires to reappoint him as a member of such Commission, and he is willing to accept such reappointment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That David C. James be and he hereby is reappointed as a member of the City of Fort Collins Human Relations Commission for a term to end November 22, 1975. Passed and adopted at a regular meeting of the City Council held this loth day of August, 1972. /s/ Karl E. Carson Mayor ATTEST: /s/ Verna Lewis City Clerk Motion was made by Councilman Preble, seconded by Councilman Fead, that this resolution be adopted. The motion carried. RESOLUTION 72-95 OF THE COUNCIL OF THE CITY OF FORT COLLINS REAPPOINT- ING KARL CARSON TO THE CITY OF FORT COLLINS RETIREVIET MWIITTEE . .. ... . W EREAS, the term of Karl Carson as a member of the City of Fort Collins Retirement Committee has expired and the City Council desires to reappoint him as a member of such Committee, and he is willing to accept such reappointment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Karl Carson be and he hereby is reappointed as a member of the City of Fort Collins Retirement Committee for a term to end July 24, 1976. Passed and adopted at a regular meeting of the City Council held this loth day of August, 1972. /s/ Karl E. Carson Mayor ATTEST: /s/ Verna Lewis City Clerk Motion was made by Councilman Preble, seconded by Councilman Peterson, that this resolution be adopted. The motion carried. 11 RESOLUTION 72-86 August 10, 1972 OF TIDE COUNCIL OF TI-lE CITY OF FORT COLLINS REAPPOINT- ING WARD H. FISCHER AND EVERITT RIGIARDSON TO THE CITY OF FORT COLLINS WATER BOARD WHEREAS, the terms of Ward H. Fischer and Everitt Richardson as members of the City of Fort Collins Water Board, have expired and the City Council desires to reappoint them as members of such Board and they are willing to accept such reappointment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Ward H. Fischer and Everitt Richardson be and they hereby are reappointed as members of the City of Fort Collins Water Board for terms to end February 1, 1976. Passed and adopted at a regular meeting of the City Council held this loth day of August, 1972. /s/ Karl E. Carson Mayor ATTEST: /s/ Verna Lewis City Clerk Motion was made by Councilman Fead, seconded by Councilman Peterson, that this resolution be adopted. The motion carried. Mayor Carson asked that John Moore and Chet Thompson be sent letters of appreciation for their services on the Human Relations Board and the Building and Contractor's Licensing Board. The Assistant City Attorney advised the Council that the contract with the State Board of Agriculture whereby the City furnishes Water and`Sewer facilities, expired July 1 and the Board requested that this contract be renewed and requested that they be notified as of August what the increase will be because of the C.S.U. budget. RESOLUTION 72-87 OF THE COUNCIL OF TE:E CI':"i OF FORT COLLINS APPROVING AN tILNDMLNT TO THE AGREEMENT WITH THE STATE BOARD OF AGRI- CULTURE RELATING TO FURNISHING WATER AND SANITARY SEWER SERVICE TO COLORADO S'iATL Ui41VERSITY WULREAS, heretofore, the City of Fort Collins and the State Board of Agriculture entered into an agreement providing for the furnishing of water and sanitary sewer service to Colorado State University; and WHEREAS, pursuant to said agreement, the City has given notice,of its intent to terminate the agreement; and WHEREAS, the City gave such notice because of its intent to change the fees to be paid under said agreement for such service; and WHEREAS, the. State Board of Agriculture has requested that the present agreement be continued until July 1, 1973, because the budget for utility ser- vice for Colorado State University is already established through such date; and 10, 1972 a .. 1'NEREAS, tho Cily Council in of ti-e opinion that it is in the best interest of the City to extend the present agreement to July 1, 1973, and an agreement has been prepared for such extension, which agreement has been approved by the City Attorney and the City ?tanager. NOW, THEREFORE, BE IT RESOLVED 3Y THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreement extending the contract for the furnishing of water and sanitary sewer service to Colorado State Univer- sity to July 1, 1973 be, and the same hereby are approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they hereby are authorized and directed to execute said agreement for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this loth 4;i3f d'f August;. A'.D. 1972 I/ /s/ Karl E. Carson ATTEST: Mayor /s/ Verna Lewis City Clerk It was the opinion that the Administration inform CSU in writing that a rate increase in water and sewer service will occur next year. No mention was made of how much the 'increase would be as the officials are still waiting for a consultant to complete a rate study, but they would be given an estimate and Mayor Carson suggested that this estimate be made high. Motion was made by Councilman Peterson, seconded by Councilman Fead, that this Resolutim be adopted. The motion carried. AGENDA ITEM 7A PARKWOOD SEVENTH SUBDIVISION This was explained by Don Reynolds, City Planner, regarding the storm drainage. Motion was made by Councilman Preble, seconded by Councilman Peterson, that this subdivision be approved. The motion carried. AGENDA ITEM 7B BIDS - 77 - 1000 watt STREETLIGHTS Summary: Mr. St. John, Associate Electrical Engineer, has evaluated the bids. The recommendation is that the low bidder Westinghouse c/o MSI Industries be awarded the contract in the amount of $6,391.00. Respectfully submitted, /s/ E. M. Kuppinger Purchasing Agent Motion was made by Councilman Fead, seconded by Councilman Peterson, that the recommendation of the Purchasing Agent be approved. The motion carried. Micbael DiTullio, Acting City Manager, advised the Council that he hoped the Housing Code for Fort Collins will be ready for consideration in about two weeks. He also said there would be an industrial use survey run in the future. Councilman Peterson stated there were 6 or 7 people at the informal session on Wednesday night, and the main topics were dogs, weeds and cemetery. The Assistant City Attorney stated he hoped to have an ordinance amending the People's , ordinance on dog control, also on weeks within the next two weeks. August 10, 1972 Counlcilman Peterson asked that it be made clear what receptable can be used at the cemetery. Mike DiTullio stated there had been some confusion concerning this matter and it just a matter of getting this cleared up, that he would have some slides to show by September, on what can be used. ADJOURNMENT: Motion was made by Councilman Preble „ seconded by Councilman Fead, that the Council adjourn. The motion carried and the Council adjourned. ATTEST: City Cl