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HomeMy WebLinkAboutMINUTES-03/21/1968-Regular38 March 21, 1968 1 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held March 21, 1968, at 1:30 o'clock P.M. Present March. Absent: Liquin, excused. Councilmen Bennett, Carson, Troxell and Kruchten. City Attorney Councilman Kissock, City Manager Coffey and Director of Public Works Stan Case, acting as City Manager. Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that the reading of the minutes of the last regular meeting held March 14, 1968, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Bennett, Carson, Troxell and Kruchten. Absent: Councilman Kissock, excused. Nayes: None. The President declared the motion adopted. The following resolution was presented andiead at length: RESOLUTION 'o } OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING THE IMPROVEMENTS IN STREET IMPROVE- MENT DISTRICT N0. 60, ADOPTING THE REPORT OF THE CITY ENGINEER RESPECTING THE COST OF SAID IMPROVEMENTS AND SCHEDULE OF ASSESSMENTS AND ORDERING NOTICE TO BE PUBLISHED BY THE CITY CLERK OF THE ASSESSMENTS TO BE MADE IN SAID STREET IMPROVEMENT DISTRICT NO. 60; ALL IN ACCORDANCE WITH CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS° COLORADO, 1958, AS AMENDED. WHEREAS, the City Engineer has reported to the City Council thatthe improvements in Street Improvement District No. 60 have been completed and has recommended that said improvements be accepted; and WHEREAS, the City Engineer has prepared a statement in accordance with the pro- visions of Section 15-67 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, showing the whole cost of the improvements; and WHEREAS, the City Engineer has further, in accordance with said Section, pre- pared an assessment roll; and WHEREAS, the City Council has reviewed the reports of the City Engineer and desires to accept the same and advertise and give notice of proposed assessments in accord- ance with tYe provixions of Section 15-68 of the Code of Ordinances of the City of Fort Collins, 1958, as amended. NOW, THEREFORE, BE OT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the report of the City Engineer regarding the completion of the improvements in Street Improvement District No. 60 be and the s ame hereby is accepted and the improvements in said District are _'hereby accepted by the City Council. BE IR FURTHER RESOLVED that the report of the City Engineer regarding the whole cost of the improvements and the assessment roll pspared by the City Engineer be and the same hereby is accepted and the City Clerk is hereby directed to notify the owners of property to be'assessed and all persons interested generally that such improvemi:rfs have been completed and accepted. Such. notice shall be made by publication onee each week for two successive weeks in The Star, an official newspaper published in the City of Fort Collins and by mailing notice, postage prepaid, as first class mail, to the last known address of each last known owner of property to be assessed, such addresses and owners being those appearing in the real property assessment rolls for general taxes in Larimer County and such notice to bein accordance with the provisions of Section 15-68 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended. Passed and adopted at a regular meeting of the City Council held this 21st day of March, A. D. 1968. /s/ Thomas W. Bennett_ Mayor ATTEST /s/ Miles F. House City Clerk Motion was made by Councilman Carson, seconded by Councilman Troxell, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen ALtvsent: Councilman Kissock, excused. 11 Berrett, Carson, Troxell and Kruchten. / Nayes: None. The President declared the motion adopted. The following petition was presented and read at length: PETITION AND APPLICATION FOR REZONING STATE OF COLORA DO) ss. COUNTY OF LARIMER) Him March 21, 1968 TO THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORAM Gentlemen: We, the undersigned, being the owners of 50% of the following described property, situate in the City of Fort Collins, County of Larimer, State of Colorado -to -wit: 1. Beginning at the N.E. Corner of Lot 4, Block 94 of the City of Fort Collins, Colorado, thence west along the north line of Lot 4, 89 feet thence south, parallel to the east line of Lot 4, 23 feet to point of beginning, thence West, parallel to the north lire of Lot 4, 76 feet, thence south parallel to the West line of Lot 4, 32 feet, thence east parallel to the south line of lot 4, 76 feet, thence - north, parallel the east line of Lot 4, 32 feet to point of beginning. 2. Beginning at the NE corner of Lot 4, Block 94, of the City of Fort Collins, Colorado, thence -south along.the east line of Lot 4, 74 feet;- thence west, para- lellel to the south line of Lot 4, 26 feet; thence west, parallel to the south line of Lot 4, 25 feet; thence north, parallel to the east line of lot 4, 26 feet; thence east, parallel to the south line of lot 4, 25 feet to point of beginning. 3. Beginning at the NE corner of Lot 3, Block 94, of the City of Fort Collins, Colorado, thence west along the no:ta line of Lot 3, 23 feet to point of beg_inni thence south, parallel to the east line of Lot 3, 90 feet; thence west parallel to the south line of Lot 3, 25 feet; thence north, parallel with the east line of Lot 3, 90 feet; thence east, parallel with the north line of Lot 3, 25 feet to point of beginning. Containing 0-1224 acres, more or less, do respectfully petition and request that the City Council amend the zoning ordinance of the City of Fort Collins by changing said above described land from R-H zone to B-L zone. Respectfully submitted, /s/ W. F. Vigor STATE OF COLORADO) ) as. COUNTY OF LARIMER) e foregoing instrument was acknowledged before me this 15 day of March, 1968 W. F. Vigor r the purposes therein set forth. commission expires February 8, 1972• / John Bartel otary Public Motion was made by Councilman Kruchten, seconded by Councilman Carson, that this etition be referred to the Planning and Zoning Board for investigation and report. Roll as called resulting as follows: Ayes: Councilmen Bennett, Carson, Troxell and Kruchten. bsent: Councilman Kissock, excused. Nayes: None. The President declared the otion adopted. Bids were opened March 19, 1968, for the removal of garbage and City trash within City limits. The bids for garbage pidrup only and trash pickup only, were presented as follows: Garbage Pickup Trash Pickup Ricks Hauling Service $ 815,00 per month 184 per month Rath Livestock 850.00 per month No Bid Bridwell Trash Hauling Serv. 900.00 per month 195.00 The Purchasng Agent recommended that Rick's Hauling Service' total amount of I999.00 per month be accepted. Bridwell Trash Hauling Pervice was represented by Elery Wilmarth and objected to the awarding of the bid to Ric'k's Hauling Service because of an ddition by.Mr. Rickard of a clause which was inserted, giving the company the privilege of 30 day cancellation clause in the contract. The only cancellation clause that appeared n the specifications was one granting to the City the right of cancellation on a notice £ 30 days. Mr. Rath of Rath Livestock, the present holder of the garbage contract, was resent and stated that he had not considered the matter of a 30 day cancellation clause or his benefit and his bid was subject to the specifications as published. After dis- ussion, motion was made by Councilman. Carson, seconded by Councilman Troxell, that the ity Council deny all bids and that the specifications be re -written and new bids called for 1 was called resulting as follows: Ayes: Councilmen Bennett, Carson, Troxell and chten. Absent: Councilman Kissock, excused. Nayes: None. The President eclared the motion adopted. March 21, 1968 The City Attorney presented the following resolution and findings on.the action of the City Council in denying the application of the Fort Collins Pizza Inn, Corp. for a 3.2% beer license. The findings were requested by Ronald H. .Strahle, Attorney, at the March 14, 1968 meeting: FINDINGS AND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS CONCERNING APPLICATION FOR CLASS A AND B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR The application of Fort Obllins Pizza Inn, Inc., for a license for the sale of non -intoxicating malt liquor in accordance with Chapter 2 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, came on for hearing on March 7, 1968, before the City Council of the City of Fort Collins and the City Council having held a hearing as required by law now makes the following findings: l: No evidence was produced by the applicant at the hearing and no attempt was made to show any need in the neighborhood or desire on the part of the inhabitants of the neighborhood for the license applied for. The applicant himself did not appear before the City Council at the hearing and the only appearance made on behalf of the applicant was the appearance of the applicant's attorney who requested that the license be granted. Nothing was presented on behalf of ayone opposing the license except Reverend Autry grown who objected to the issuance of this license on the grounds that the neighborhood did not desire the license to be issued and there was no need in the neighborhood. 2. The license sought by the applicant is for a location in the 1200 block of West Elizabeth Street in the existing shopping center development and the address given as the location was 1220 West Elizabeth Street. Heretofore a license has been granted to John W. Ogle at this location and it was explained that John W. Ogle intends to surrender his existing license if the new license is granted. 3. The City Council has made an independent examination of the premises and has determined that such premises are being remodeled and enlarged and the enlargement will more than double the capacity of the existing outlet. The Enlargement of said premises consists in taking over additional space in the existing shopping center in which tle former business was located, such space having heretofore been used for another business. 4. From the foregoing it is the opinion and finding of the City Council that: (a) No need was shown on behalf of the applicant for the license applied for and the only testimony relating to need in the neighborhood indicated lack of the same. (b) No testimony or other evidence was presented by the Applicant relating to the desires of the inhabitants of the neighborhood and the only testimony which was presented at the hearing indicated lack of desire on the part of the inhabitants for the issuance of the license applied for. (c) The existing license is sufficient to satisy any need in the neighbor- hood. O (d) The enlargement of the existing premises indicates to the City Council that the applicant intends to use additional space in the shopping center heretofore devot- ed to other purposes for the purpose of selling 3.2% non -intoxicating malt beverages. In the opinion of the City Council this enla.rgment of the premises is no different than a trans- fer of the location of a license or another license being issued in the new premises being added to the existing location. Before a license can be granted for such enlarged premises a full hearing should be held before the City Council and such hearing should demonstrate a need in the neighborhood for such additional premises anda desire on tYe part of the inhabitants of the neighborhood that such additional premises be used for dispensing 3.2% non -intoxicating malt beverages. RESOLUTION s ? OF THE COUNCIL OF THE CITY OF FORT COLLINS CONCERNING APPLICATION FOR CLASS A AND B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR WHEREAS, the City Council of the City of Fort Collins has heard the application of Fort Collins Pizza Inn, Inc., for a Class A and B license to sell non -intoxicating malt liquor; and WHEREAS, the City Council:has made its findings upon the evidence, testimony and petitions submitted to it and upon its own knowledge of the premises and neighborhood, which finds precede this resolution and by reference are incorporated herein and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the application of Fort Collins Pizza Inn, Inc., for a Class A and B license to sell non- intoxicating'malt liquor be and the- same hereby is denied upon each of the grounds set forth in the findings of the City Council herein. Passed and adopted at a regular meeting of the City Council held this 21st day of March, A. D. 1968. /s/ Thomas W. Bennett (ATTEST /s/ Miles F. House -- City Cleric 41 March 21, 19681 Motion was made by Councilman Troxell, seconded by Councilman Carson, that the findings be approved and the resolution adopted. Roll was called resulting as follows: Ayes: Councilmen Bennett, Carson, Troxell and Kruchten. Absent: Councilman Kissock, excused. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION 0 J4 - OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE APPLICAUDN BY THE CITY OF FORT COLLINS FOR THE TEMPORARY USE OF 204 ACRE FEET OF WATER FROM THE WORKS OF THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT. WHEREAS, the City of Fort Oollins has acquired 204 acre feet units of waterof the Northern C61o^ado Conservancy District; and WHEREAS, the Board of Directors of -the Northern Colorado Water Conservancy Dis- trict require that the City of Fort Collins enter into temporary use permit agreements with said District for the transfer of said water; and WHEREAS, the Northern Colorado Water Conservancy District has submitted appro- priate forms of temporary use permit agreements to be entered into by the City of Fort Collins. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the Mayor and City Clerk be and they hereby are authorized and directed to apply for the temporary use of said 204 acre feet of water by entering -into temporary use permit agree- ments with the Northern Colorado Water Conservancy District. Passed and adopted at a regular meeting of the City Council held this 21st day of March, A. D. 1968. s/ Thomas W. Bennett Mayor ATTEST: Miles F. House_ Clerk Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that this solution be adopted. Roll was called resulting as follows: Ayes: Councilmen Bennett, Carson, Troxell and Kruchten. Absent: Councilman Kissock, excused e President declared the motion adopted. The following communication was presented and read at length: COMMUNITY ACTION PROGRAM, INC. arch 20, 1968 r. Thomas Bennett ayor, City of Fort Collins 00 Laporte Avenue ort Collins, Colorado 80521 Mr. Bennett: Nayes: None. t is my understanding that a recreational park on the south side of First Street in the uckingham area is leased by the City of Fort Collins from the Great Western Sugar Company. lso, I understand the city is in the process of buying this land. n view of the Community Action Program operating a Neighborhood Service Center at 120 irst Street, the Poudre-Thompson Community Action Board has requested that I write this etter to endorse thb need for recreational facilities in that part of the city. t is also felt that there is a great need for indoor recreational, cultural, educational nd social activities. At the present, the facility being rented is very inadequate for hese purposes. ny means the City of Fort Collins can pursue to leviate these problems would very much be ppreciated. Sincerely /s/ Stowell Sandmeyer Executive Director 0 At the request of Mayor Bennett, comi:ents made by the Councilmen were to the effec at effort was being made to obtain property to carry on the recreational work in this istrict and in the meantime, this work would be available under the present lease with the rest Western Sugar Company. M March 21 1968 Mr. Stanley Case advised the Council that the traffic problem of handling the flow of traffic to the C.S.U. Stadium on days that it would be in use, has developed to such an extent that immediate action to obtain at least temporary relief of this problem before the opening of the statium for use. He presented a letter to the property owner: along West Elizabeth Street in reference to the dedication of sufficient property that Vest Elizabeth can be improved on a 80 fat right of way between Taft Hill Road and Overland Trail. This letter has already been sighed by the Chairman of Larimer County Commissioner as one of the participanta-of the improving of this lot and Mr. Case asked the approval of the Council as to the contentsof the letter and requested authority for the Mayor to execute the same for the City of Fort Collins. Motion was made by Councilman Troxell, seconded by Counalman Carson, that the contents of the letter to the West Elizabeth propert owners be approved and that the Mayor be authorized to execute same for the City of Fort Collins. Roll was called resulting as follows: Ayes: Councilmen Bennett, Carson Troxell and Kruchten. Absent: Councilman Kissock, excused. Nayes: None. The President declared the motion adopted. Mr. Case advised the Council that the Public Service Company were looking for a place -to obtain temporary facilities consisting of office room, possible store room and telephone and utility service ftr a period of time from which their crews for the expansion of the Public Service facilities in this area could operate. Motion was made by Council- man Carson, seconded by Councilman Tro_.ell, that the Director of Utilities be authorized to negotiate an agreement with the Public Service Company for buildings available back of the Light and Power plant for thislease. Roll was called resulting as follows: Ayes' Conncilmen Bennett, Carson, Troxell and Kruchten. Absent: Councilman Kissock, excuse Nayes: None. The President declared the motion adopted. Mayor Bennett stated that he was very pleased with the results of the open house of the City of Fort Collins held in the new warehouse and service center. He compli- mented the Cub Scouts for the help they gave in usher-i'ng the citizens attending to the proper locations for the tours. He also complimented those employees who explained the various functions of the warehouse and sery ice center and the various features:, which allow for complete inventory control of supplies, repairs, etc., purchased and used by the City of Fort Collins. The other, Councilmen seconded these views. Motion was made by Councilman Carson, seconded by Councilman Kruchten, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Bennett, Carson, Troxell and Kruchten. Absent: Councilman Kissock, excused. Nayes: None. The President declared the motion adopted and the Council adjourned. Mayor ATTEST: City M 1