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HomeMy WebLinkAboutMINUTES-05/09/1968-Regular77 MINUTES OF A REGULAR MEETING OF TfE COUNCIL, OF THE CITY OF FORT COLLINS, Held Thursday, May 9, 1968, at 1:30 o'clock P.M. Present: Councilman Carson, Tro:ell, K1.ssock, Kruchten and Bennett. City Manager Coffey, City Attorney March and Director of Public Works Li q uin. Motion was made by Councilman Kissock, seconded by Councilman Bennett, that the reading of the minutes of the last regular meeting held May 2, 1968, be dispensed with. Roll was called resulting as follows;; Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayos: None. The President declared the motion adopted. This being the date to which Ordinance. No. 17, 1968, being an ordinance regulating. the sale of Fermented Malt Beverages, had been tabled, the Mayor advised the Council and those present in the audience that it was necessary to postpone the first reading of this ordinance on this date. Motion was made by Councilman Bennett, seconded by Councilman Kissock, that Ordinance No. 17, 1968, be tabled to May 16, 1968. Roll was called result- ing as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. This being the date of the hearing of Ordinance No.19, 1968, rezoning property known as the Straughan property, the Mayor requested that Ordinance No. 19, 1968, be presented on first reading: ORDINANCE NO. 19, 1968 BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR .CERTAIN•PROPERTY After presentation and reading, the Mayor opened the hearing on this ordinance by calling upon the petitioners to present their case. Mr. Straughan, the petitioner, was represented by Mr. B. F. Napheys, who presented three exhibits for Council consideration at this time. Exhibit 1. A brochure on tie Indian Meadows Subdivision which lies east of this property. Mr. Dick Stouffer of the Rhodes Agency explained the brochure that was presente Exhibit 2. A drawing of the type of construction that is planned for the complex under the R-P and R-M zones. Exhibit 3. Was presented at this time and was pictures of the intersection of Prospect and South College Avenue, approximately 20 years ago. Mr. Charles Rhodes of the Rhodes Agency, who will be the developer of this propert spoke at length of the progress made in the extension of the City limits from Prospect and South College Avenue during the past 8 years and he enumerated some of the demands of the future to keep up with the progress and expansion of the City of Fort Collins. Mr. Napheys called Mr. Earl Wilkinson to the -land and he elaborated a little on the "demandi'of the City's future. At this point Mr. Gene Allen, Director of Planning and Zoning of the City of Fort Collins, was called to the stand questioned extensively upon the proposed development of this property. After the conclusion of questioning by Mr. Napheys, Mr. John Kochenberger questioned Mr. Allen on a great number of subjects relating to the zoning of the property and surrounding the property in question during the past two years or more. Mr. Kochenberger offered as opponent exhibits, the follows: 1-a. A copy of Ordinance. No. 34, 1957. 2-b. A photostatic copy of Mr. Straughan's deed. 3-c. Excerpts of the Planning and Zoning minutes. 4-d. Excerpts of Council minutes of September 27, 1958• 5-e. Excerpts from the Planning and Zoning minutes September 2, 1962. 6-f. Excerpts from the Council minutes October 9, 1962. 7-9. Excerpts of the Council minutes July 3, 1963. 78 Ma 1968 8-h. Copy of Ordinance No. 61, 1963• 9-i. Excerpts of Council meeting October 3, 1964• 10-j. A study of Spring Creek Park. 11-k. Reports to the Council on April 13, 1968. 12-1. A letter addressed to the City Attorneyts office (later withdrawn). 13-m. A copy of the plan for progress. The Mayor accepted exhibits A through M, excluding L, for filing in this case. Mr. Kochenberger called Mr. James Dooney of 1909 Bush_ Court to the stand, after which he presented exhibit N, being a petition p.roportedly containing 617 signatures protesting the granting of this rezoning. After Mr. Dooney was questioned by Mr. Napheys of these petitions. Mr. Ralph Cody was called to the stand and testified as to the conditions of the water table at the property under con siderat:ion and called it a flood plain condition. At this time the opponents presented exhibit "o", being a summary of the zoning conditions since 1957• Dr. John Raight of 1900 Bush', Court, was called to the stand and questioned as to his views on the rezoning which followed more or less the increase in traffic on Stuart Street andthe matter that in purchasing his property and building his house, he considered the fact that it was not R-L zone. Attorney Napheys questioned Dr. Haight as to purchasing the property and building his house immediately adjoining a commercial zoning, being the outdoor movie theatre, and he was questioned regarding the R-M zone immediately across Stuart Street from the intrance to Bush Court from Stuart Street. Others called by Attorney Kochenberger to the stand were Robert E. Bergstrom, Dean Duncan, Sam Marshall and Mrs. Lewis Doughtery, all of whom testified that they were against any rezoning of the property in question. Mr. Kochenberger called Mr. Gene Allen to the stand and questioned him at length in reference to the rezoning that had occured during the past two years since the comprehensive ordinance had been passed and other various rezoning features in which the Planning and Zoning Board had discussed in this immediate neighbor- hood. Exhibit P-1 and 2 were presented and accepted by petitions circulated by Mrs. Lewis Daugherty and exhibit Q being a map showing the various zones and requests for zoning during the past 10 years. At this point Mr. T. G. Warren of 208 Dartmouth and Tom Sutherland of 1104 Prospect Street, were called to the stand and testified as to their feelings regarding this rezoning. At this point the Mayor announced a 5 minute recess for the Council to meet in Executive session. The time being 4:20 P.M. The Council recon- vened at 4:25 and the Mayor resumed the discussion on the matter before the Council. He stated that the proponents and opponents would present their summaries at this time and any rebuttals. After the presentation of the summaries had been completed, after the completion of the summary presentation of the two attorneys and a rebuttal from Attorney Bill Wyatt of the proponents, the Mayor recessed the meeting and went into executive session with the Attorneys for both sides. The meeting reconvened at 5:30 P.M., and the Mayor continued the case before the Council. He called upon Councilman Bennett to present the case for the Council membership. Afterthis presentation Councilman Bennett moved. that Ordinance No. 19, 1968, be passed on first reading. Councilman Kruchten discussed his views in this matter and various features of the evidence and testimony which had been offered, after which Councilman Kruchten seconded the motion. Councilman Carson asked if any of the other. -Council had anything to offer in reference to the case at this time. There) being none, he explained his views- of the case after considering the testimony of both the petitioner and the opponents after which the question was called for. Roll was called resulting as follows: Ayes: Councilman Carson, Kruchten and Bennett. Nayes: Councilmen Troxell and Kissock. The Mayor declared the ordinance passed upon first reading 79 May 9, 1968 The Mayor advised the Council that at this late hour that he would place the hearing on the Pizza In, Inc., for Fermented Malt Beverage License as the next item on the agenda. The following communication was presented and read at length: 1840 N. Crestmore Ct Ft. Collins, Colorad< May 7, 1968 City Council City of Ft. Collins Ft. Collins, Colorado Dear Sit: With regard to the hearing on the application for transfer of beer license to Pizza Inn, Inc., at 1220 West Elizabeth scheduled for May 9, 1968, may I make the following requests: 1. Sin ce this hearing was by order of the district court due to the fart that no official reporter was present at the last hearing, that the testimony be confined to that given at the last hearing. (The tapes of that hearing might be played and this certified for the record as the official testimony). 2. That if new evidence is allowed to be submitted by the applicant, evidence of need be required by the concil by demanding of the applicant a record of sales of alcoholic beverages (and/or total sales) as computed from their records prior to the time when the business at this address was closed for a brief period and the request for transfer of license was made. It seems that this would help the council in deciding whether or not a need existed in the area or an effort wazld have to be made to draw persons outside the area into the area for the consumption of alcoholic beverages. The justification for such action, it seems, would not be similar to other cases where this has been allowed, as in the case of air terminals, for no similar public facilities which demand public use are present at this address. 3. That the request again be denied due to the fact that no need for the grant- ing of such request was indicated in the last hearing, and presently there is not sufficient need in the area for such request to be granted. There presently seems to be a need by many to restrain the saleof alcoholic beverages in this area. 4. That those coulcil members who have publicly stated a fixed opinion regarding the sale of liquor in Ft. Collins excuse themselves from voting on this question. 5. That the testimony given at the original application at this address be re- viewed, and the original applicant's statements and promises be considered; and in view of the fact that he no longer seems to living iu.p to these and is no longer living in the state, that as the liquor licensing authority in the city, the council suspend and cancel this license. I am a resident and taxpayer in the area in which this business operates, living at 1840 N. Crestmore Court. Sincerely, /s/ Autry Brown. Mr. Ronald Strahle, Attorney for Pizza Inn, Inc., was granted the floor for pre - evidence sentation of the / substantiating the application of Pizza Inn, Inc., for a Malt Beverage License. This hearing is a re -hearing on the application of the hearing held on March 21, 1968, which was ordered by the District Court. Mr. .Strahle requested that he be allowed to file with the court reported for listing the various exhibits which he wished to present as evidence. After the exhibits had been marked, Mr. Strahle called Mr. Haumont., President and sole stock holder of Pizza Inn, Inc., to ? the stand. After being sworn in Mr. Strahle questioned him extensively. He presented as exhibit 1, a map showing the boundaries of the: district as detxermine.d by the City Council; as exhibit 2, affidavit of the publication of notice of hearing; as exhbit 3, kodak pictures of the notice of hearing posted at 1220 W. Elizabeth ; for. [, close up of the sigh, and exhibit 5, a plat of Pizza Inn, Inc., previous to the remodeling addition and a plat after the addition was added. presenting these exhibits, he requested that Mr. Haumont itimize ea.ch one. As exhibit 6, 7,8,9 and 10, A and B, were pictures of the Pizza Inn, Inc., before the re -modeling and pictures of the remodeling the section which has been closed until the license has been granted and the remodeling has been approved. Exhibits 11 and 12 were pictures of the in- terior of the Inn and 13, 14 and 15 were pictures of the interior and dosed remodeled addi- tion. In all of the presentation of the various exhibits, Mr. Haumont was questioned 80 extensively regarding them. Exhibit #16 was petitions obtained from employees of t'ne Inn II and himself, stating that a definite need for an operation such as the Pizza Inn, Inc., is needed. Exhibit 17, was petitions from people within the area and some -outside. Exhibit 18, was petitions signed by owners or managers of businesses in the shopping center and consisted of 14 names of 21 places of business. At this point Mr. Strahle rested his case. Mr. Autry Brown, who presented the communication at the start of this hearing, requested that he be allowed to question Mr. Haumont and he did this extensively on certain features which were ruled more or less not relative to the issuance of the license. When Mr. Brown retired, Mr. W. P. McGregor of 1204 W. 'Myrtle, spoke in reference to his opposition views on the issuance of the license. Mrs. Dennis Green, another resident, of West Prospect Stree presented her. opposition views on the subject. After some rebuttal by Mr. Strahle, he requested the Council to grant the license. Motion was made by Councilman Kissock, seconde by Councilman Bennett, that this license be.granted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. The following report was presented and read atlength: May 8, 1968 0: Fort Collins City Council ROM: Planning and Zoning Board UBJECT: Consider Rezoning Petition involving 10 acres from R-L, Low Density Residential to M-L, Low Density Mobile Home District. he Board considered this item at the regular meeting held on May 7, 1968, and recommends pproval. er: Charles Hoffman and Others ocation: N. E. 1/4 of NE-4 of Section 16, southwest of intersection of Taft Hill Road.and Mulberry Street. Respectfully submitted, /s/ Robert 0. Engelke Acting Secretary Motion was made by Councilman Bennett, seconded by Councilman Kissock, that this e referred to the City Attorney to prepare the necessary resolution and notice of hearing. oll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, ruchten and Bennett. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: May 8, 1968 Fort Collins City Council M: Planning and Zoning Board JECT: Consider Rezoning Petition.involving .63 acres from 4-L Low Density Residential to B-L, Limited Business District. The Board considered this item at t1ae regular meeting held May 7, 1968 and recommends approval of the petition. Owner: Fort Collins Federal Savings and Loan Association Edwin R. Hunter., President. Location: SW corner of Section 24, NE corner of Drake Road and College Avenue. Respectfully submitted, Robert 0. Engelke /s/Acting Secretary During the discussion, it appeared that the motion at the Zoning Board meeting did not contain that portion of the recommendation starting with "subject to the provisions' and that this portion of the report 1hould be deleted. Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that the report, as corrected, be referred to to the City Attorney to prepare the necessary resolution and notice of hearing. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. May 9, 1968 The followig report was presented and read at length: May 8, 1968 TO: Fort Collins City Council FROM: Planning and Zoning Board SUBJECT: Consider Annexation Petition involving 7.68 acres with 6.95 acres as R-L, Low Density Residential and 0.72 acres as R-M, Medium Density Residential. The Board considered this item at -the regular meeting held May 7, 1968, and recommends approval of the petition subject to an additional dedication of West Elizabeth Street, tot- aling 140 feet from center line, to be done atthe time of annexation and also subject to the total annexation `being zoned R-L, Low Density Residential. Mr. Miller indicated that these conditions were acceptable to him. Owner: Alvin Miller - Alvin Miller Fourth Annexation. Location:NW4 of SE4 of Section 16, west of Cypress Drive and South of West Elizabeth Street. Respectfully submitted, /s/ Robert 0. 0�ng<1ke Acting secretary Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that this be referred to the City Attorney to prepare the necessary resolution and notice of hearing. Roll was called resulting as follows: Ayes: Councilmen Carson, Trowell, Kissock, Kruchten and Bennett. Nayes: None. The President dclared the motion adopted. The following report was presented and read atlength: May 8, 1968 TO: Fort Collins City Council FROM: Planning and Zoning Board SUBJECT: Consider Subdivision Plat of the First Addition to the Matador Apartments. The Board considered 'this item at the regular meeting held May 7, 1968, and recommends approval subject to the following: 1. Approval of the utility plans by the City Engineer, and signing the usual agreement cover ng cost of same. 2. Approval of the storm drainage plans by the City Engineer. Owner: Bartran Homes, Inc., Bill Bartran, Secretary LOc2tion:NW14 of SE4 of Section 15, SW of the intersection of West Elizabeth Street and City Part: Avenue. Respectfully submitted, /s/ Robert 0. Engelke Acting Secretary Motion was made by Counra7man Troxell, seconded by Councilman Kruchten, that this plat be aproved as recommended by the Planning and Zoning Board. Roll was called resultirg as follows,: Ayes. Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. The following report was presented and read atlength: May 8, 1968 TO: Fort Collins City Council FROM: Planning and Zoning Board SUBJECT: Consider Final Subdivision Plat of K-D Pak Industrial Area involving 3 lots with I-L, Light Industrial Zoning. he Board considered this item at the regular meeting held May 7, 1968, and recommends pproval subject to the following: 1. Approval of the utility plans by the City Engineer, end signing the usual agreement covering cost of same. 2. Approval of the storm drainage plans by the City Engineer. weer: Fred Kennedy ocation:SE4 of SE4 of Section 23. NW of intersection of North College Avenue and Willox Lane. Respectfully submitted, /s/ Robert 0. Engelke Acting Secretary May 9, 1968 IIAfter discussion, motion was made by Councilman Kissock, seconded by Councilman Troxell, that the recomnendat:ion o£ the Planning and Zoning Board be accepted and the plat be. approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes.: The President declared the motion adopted. The following communication was presented and read atlength: May 8, 1968 TO: Fort Collins City Council FROM: Planning and Zoning Board SUBJECT: Consider ways and means of processing rezoning request. The Board considered this item at tYe regular meeting held May 7, 1968, and recommends the following as an amendment to Section 21.1 (General Procedure) of the Zoning Ordinance. SECTION XXI AMERDMENT 21.1 GENERAL PROCEDURE Amendments to this Ordinance shall be in accordance with the laws of the State of Colorado and the Charter of the City of Fort Collins and shall require the following action: (1) Study and Recommendation concerning the proposed amendment by the Planning and Zoning Board; (2) Rezoning Petitions - Study and recommendation on any rezoning petition whether tition is in orig the peinal form or amended. No petition may be amended later than nine days after action on the original petition by the Planning and Zoning Board. (3) Rezo_nings initiated by Council - Council sha11 not rezone any tract of land from one zone to another without first receiving a recommendation on the proposed zone from the Planning and Zoning Board. (4) Rehearings - The Planning and Zoning Board shall not consider any petition for rezoning any parcel of land, which has been the subject of another rezoning pe- tition and hearing, within twelve months after any hearing onsame. Thus pro- vision may be waived by the Planning and Zoning Board if substantial new evidence:is submit- ted, in accordance with the rules of procedure adopted by the Board, Which could not reasonably have been pTresented at the previous hearing. (5) Completion of a public hearing before the City Council after at least fifteen days notice of the time and place of such hearing shall have been given by at least one publication in a newspaper of general circulation within the City of Fort Collim . Respectfully submitted, /s/ Robert 0. Engelke Acting Secretary Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that thib matter be tabled for study. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion.,aiopted. The next item presented for consideration was a corrected application of Elmer F. Peil for a Fermented Malt Beverage License as requested by the Council at their meeting of May 2. The license to the State was corrected to read Elmer F. Peil dba Green Onion. Attorney Ronald Strahl= was present and stated that he had been requested by Mr. Peil to set the records straight as there was evidently a mistake made in the issuance in the City license in 1967. The State license was for the Green On.ion,Corp. and the.City license was issued to Elmer F. Peil dba the Green Onion. .The corrected license should be in both cases issued to the Green Onion Corp. and Mr. Strahle presented a new application to the State showing the license to be the Green Onion Corp. 162 Linden Street The application of Elmer F. Peil dba Green Onion Corp.,/to the State of Colorado for renewal of 3.2% Beer License, was presented. Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that the May and City Clerk be authorized to execute the approval of the licensing authority. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The Presi- dent declared the motion adopted. 83 9, 1968 11 The application of Elmer F. Peil dba Green Onion, Corp., 162 Linden Street, to 11 the City for renewal of a non -intoxicating malt liquor license, accompanied by the required license fee, was presented. Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that the license be granted subject to the issuance of the State license. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten an Bennett. Nayes: None. The President declared the motion adopted. The request of Gordon Clyde, Chief Building Inspector, to the City Manager throu the Director of Public Works for approval of a location of a gasoline dispensing service station at the SW corner of College Avenue and Prospect Street, was presented. It appears that the Safeway store is considering re -building their store located in this property at the SW corner of the intersection; that the store will be enlarged and moved and that an area 150 feet by 150 feet would be sold to the Phillips 66 Gasoline Disbributors. It appears that the plans as presented for the filling station and the new store with the _elimination of the buildinglreviously housing the H & B furniture store, would increase the parking facilities to 192 spaces which are sufficient under the Building Ordinance. After further discussion and a request of the Council for more detailed information, motion was made by Councilman Bennett, seconded .by Councilman Troxell, that the matter be tabled for two weeks. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, K,r.uclaten and Bennett. Nayes: None. The President declared the motion ed. The following bid was presented and read at length: May 9, 1968 TO: Mr. Tom Coffey, City Manager FROM: R. S. Baker, Purchasing Agent SUBJECT: Bid on Picnic Shelter at City Park W. P. West & Son of Fort Collins Bid - $2,087.00 This bid was opened May 7, 1968, and was .the only one received. Five sets of specifi- cations were given out to -,parties indicating interest. Previous to this bid a pre-cut shelter manufactured in Missouri was priced. This shelter knocked down and including no erection costs was priced at $2,500.00. It did not meet City Building Inspectors specifications. 1I would like to recommend the acceptance of the above bid. /s/ R. S. Baker Purchasing Agent Motion was ande by Councilman Kissock, seconded by Councilman Kruchten, that the bid of W. P. West & Son of Fort Collins, be accepted. Roll was called :resulting as follows Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The resident declared the motion adopted. The following resolution was presented and read at length: RESOLUTION 6,P-3b OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVIN G PUBLIC NOTICE CONCERNING A PROPOSED ORDINANCE CHANGING THE ZONING MAP OF THE CITY OF FORT COLLINS AND AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMETIDED, C014MONLY KNOWM AS THE ZONING ORDIINANCE 0 WHEREAS, heretofore the Zoning Ordinance of the City of Fort Collins, providing for a zoning district known as the M-Mobile Home District; and WHEREAS, by amendment to the Zoning Ordinance such district has been eliminated; and WHEREAS, the Zoning Ordinance as_amended now provides for an MM-Medium Density bile Home District and an ML-Low Density Mobile Home District; and WHEREAS, property which was placed in the former M-Mobile Home District has never een reclassified; and WHEREAS, the Planning and Zoning Board has made a recommendation that all property ormerly in the M-Mobile Home District be reclassified and placed in the MM-Medium Density obile Home District. May 1968 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 00FORT COLLINS: That June 6, 1968, at 1:30 P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers in the City Hall of the City of Fort Collins, Colorado, is hereby set as the time and place for the public hearing on an ordinance re- classifying all property formerly in the M-Mobile Home District to the MM-Medium Density Mobile Home District under the Zoning Ordinance of the City of Fort Collins. Be IT FURTHER RESOLVED; that the City Clerk is hereby instructed to publish a notice of said hearing as provided in Section 19-21.1 (2) (of. the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended) in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this 9th day of May, A. D. 1968. /s/ _Karl E. Carson Mayor--�~�--- ATTEST: Miles F. House Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that this resolution be adopted. Roll was called resulting as follows: Ayes: Council- men Carson, Troxell, Kissock, Kruchten and Sennett. Nayes: None. The President declared the motion adopted. Motion was made by Councilman Bennett, seconded by Councilman Kruchten, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None motion adopted, and the Council adjourned. ayor ATTEST: ty Cle The President declared the