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HomeMy WebLinkAboutMINUTES-08/07/1969-Regular-- _ August 7. 1969 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COhLINS, Held Thursday, August 7, 1969, at 1:30 o'clock P..M.' Present: Councilman Carson, Troxell, Kissock and Kruchten. City Manager Coffey, City Attorney March and Director of Public Works Liquin. Absent: Councilman Lopez, excused. Motion was made by Councilman Kruchten, seconded by Councilman.Troxell, that the reading of the minutes of the last regular meeting held July 24, 1969 be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None.".,.The Mayor declared the motion adopted. Mr. N. A. Ginley appeared and requested that the second reading of continued correspond reading Ordinance No. 39, 1969, be / to August 28, 1969, to /.,. with the second/of ordinance. Motion was made by Councilman Carson, seconded by Councilman Kruchten, that Ordinance No. 69, be tabled to August 28, 1969. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: i Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The folla-ing ordinance was presented on first reading and read at length: ORDINANCE NO. 43, 1969. BEING AN ORDINANCE RELATING TO THE CREATION AND ORGANIZATION OF STREET IMPROVE- MENT DISTRICT NO. 62, PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN, AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COSTS OF CONSTRUCTION THEREOF The Mayor asked if anyone wished to speak concerning this ordinance, there being no one, motion was made by Councilman Troxell, seconded by Councilman Kissock, that this ordinance be considered favorably on first reading and ordered published this 7th day of August, A. D. 1969, and to be presented for final pas- sage on the 28th day of August, A. D. 1969. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following ordinance was presented on first reading and read at length: ORDINANCE NO. L", 1969 BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF TIE CITY OF FORT COLLINS, COLORADO, 1958, CO-HPIONLY IC11014W AS THE ZONING ORDINANCE AND CLASSIFY ING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE GINLEY ANNEXATION TO THE CM OF FORT COLLINS, COLORADO The Mayor asked if anyone present wished to make any comments or objeo- tions, there being none, motion :ass ..lade by Councilman Kissock, seconded. by Coun oilman Kruchten, that 0-din?nC-- nc. �_�, !9�-,'. be considered favort:';ly on first reading and to be ^resented for final -oacsa e on -1he 21"th day of Auaust,A., D. 196`-, Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. *ft tea; e Maycrdeclared the motion adopted. The following memo from the City Engineer was presented and read at 'length: July 25, 1969 Dear Sir: The Fort Collins City Council will consider, at its August 7,1969, meet ing,, the first reading of an ordinance annexing to the City land which you own, in the above annexation. I have enclosed a comparison schedule of costs for both inside and outside the City. It has been our experience, as you can see from the schedule, that the total cost of taxes, utilities and insurance is actually less inside the City than in the county. Zf there any questions you may have concerning the above annexation,'!' or questions in regard to utilities or other services, please feel free to call the appropriate department at the Municipal Building. Very truly yours, • /s/ Roy A. Bingman City Engineer Ordinances No. 40, 41, 42, 44, 45 and 46, being forced annexations, tabled fromJuly 24, 1969, were presented. Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that these ordinances be removed frm the table. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissoc] and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following report of the Planning and Zoning Board was presented and read at length: August 6, 1969 TO: Fort Collins City Council FROM: Planning and Zoning Board SUBJECT: Discuss Zoning of proposed forced annexations The Board considered these items at its August 5, 1969 meeting and recommends the annexations with zoning based upon existing zoning in the area and study of the areas themselves, as follows: ID6 Lutheran Student Foundation annexation. Present County zoning, R, Residential District. Location: NE4 of Section 15, south of Plum Street and west of Shields Street. The Board recommends R-H, High Density Residential. Respectfully submitted, /s/ Robert Engelke Acting Secretary Motion was made by Councilman Kissock, seconded by Councilman Troxell, zoning to accept the report of the Planning and Zoning Board and refer the/matters to the City Attorney for further handling. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopex, excusad. Nayes: None. The Playor declared the motion adopted. August 7, 190; The following ordinance was presented on first reading and read at lengt'_!i ORDINANCE NO. 40, 1969 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORAD The Director of Planning reported that this territory has been surrounded by the City for more than three years. Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that Ordinance No. 40, 1969, be considered favor ably on first reading and to be presented for final passage do the 28th day of Councilmen Carson, August, 1969. Roll was called resulting as follows: Troxell, Kissock and Kruchten. Absent: Ayes: Councilman Lopez, excused None. The Mayor declared the motion adopted. Nayes: The following report was presented and read at length: August 6, 1969 TO: Fort Collins City Council FROM: Planning and Zoning Board SUBJECT:. Discuss zoning of proposed forced annexations. West Lake Street Second Annexation. Present County Zoning, R Resi dential District. Location: SJ�4- of Section 16 north of Lake Street and west of Taft Hill Road. The Board recommends R-L, Low Density Residential. Respectfully submitted, /s/ Robert 0. Engelke Acting Secretary Motion was made by Councilman Kissock, seconded by Councilman Troxell, that the report of the Planning and Zoning Board be accepted and the zoning matter be referred to the City Attorney for further handling. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten.' Absent: Councilman Lopez, excused. Na-yes: None. The Mayor declared the motion adopted. The following ordinance was presented on first rending and read at length: ORDINANCE NO. 41, 1969 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO The Director of Planning reported that the territory has been surrounded by the City for more than three years. The Mayor asked if anyone in the audience wished to speak regarding this ordinance. Mr. Dave Philljps, 2100 W. Lake, was present and spoke regarding the costs of annexation, and wanted to know if these costs were due immediately and if there eventually be other -costs besides water, sewer and park land fee. He was advised that there would probably be a Storm Setaer Improvement District and eventually a Street Improvement District. Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that Ordinance No. 41, 1969, be considered favorably on first reading and pre- sented on final reading on the 28th day of August,1969. Roll was called resulting asfollows: Ayes: Councilmen Carson, Troxell, Kissock and '_Kruchten: Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following report was presented and read at length: TO: Fort Collins City Council FROM: Planning and zoning Board SUBJECT: Discuss zoning of proposed force d annexations. Sixteenth South Shields Annexation. Present County -zoning R, Resi dential District. Location: SE4 of Section 15, south of University Avenue and east of City Park Avenue. The Board recommends R-L, Low Density Residential. Respectfully submitted, Robert O. Engelke Acting Secretary Motion was made by Councilman Troxell, seconded by Councilman Kissock, that the report of the Planning and Zoning Board be accepted and the zoning matters be referred to the City Attorney for further handling. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted: The following ordinance was presented and read at length on first reading ORDINANCE NO. 42, 1969 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS° COLORADD The Director of Planning reportedthat the territory had been surrounded by the City for more than three years. Motion was made by Councilman Troxell, seconde- by Councilman Kissock, that Ordinance No. 52 1969, be considered fav- orably on first reading and to be presented for final passage on the 28th day of August, 1969. Roll was called resulting asfollows: Ayes: Councilmen Carson,'Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes;, None. The Mayor declared the motion adopted. Th6 following report was presented and read at length: TO: Fort Collins City Council FROM• Planning,and Zoning Board SUBJECT: Discuss zoning of proposed forced annexations West Prospect Third Annexation. Present County Zoning R, Residential District. Location: SE 4 of Section 16, north of Bauder Schooland3g mile west of Taft Hill Road The Board recommends R-L, Low Density Residential. Respectfully submitted, /s/ Robert 0. Engelke Acting Secretary Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that this matter be referred to the City Attorney for further handling. Roll was called resulting as follows: Ayes: Councilmen Carson, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following ordinance was presented and read at length on first reading: ,,v I°c ORDINANCE NO. 44, 1969 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO The Director of Planning reported that this property had been surrounded by the City for more than three years. Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that Ordinance No. 44, 1969, be considered favor- ably on first reading and presented for final reading on the 28th day of August, 1969. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. ' The Mayor declared the motion adopted. The following report was presented and read at length: August 6, 1969 TO: Fort Collins City Council FROM: Planning and Zoning Board SUBJECT: Discuss zoning of proposed forced annexations Moore School Annexation. Present County zoning, R. Residential Dis- trict. Location: NW4 of Section 15, north of Plum Street and westof Skyline Drive. The Board recommends R-L, Low Density Residential. Respectfully submitted, /s/ Robert 0. Engelke Acting Secretary Motion was made by Councilmen Kissock, seconded by Councilman Troxell, that the report of the Planning and Zoning Board be accepted and the zoning matter be referred to the City Attorney for further handling. Roll was called resulting as follows: Ayps: Councilmen Carson, Troxell, Kissock and Kruchten. Absent:\ Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following ordinance was presented and read at length on first read- ing: ORDINANCE NO. 45, 1969 BEINGAN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS,COLORADO The Director of Planning reported that the territory was surrounded by the City for more than three years. Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that Ordinance No. 45, 1969, be considered favorably on first reading and be presented for final passage on the 23th day of August, 1969. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes.: None. The Mayor declared the motion adopted. The following report was presented and read at length: TO: Fort Collins City Council FROM: Planning and Zoning Board SUBJECT: Discuss zoningof proposed forced annexations Murray's 'First Annexation. Present County Zoning, B-, Business District. Location: NW2 of Section 26, approximately 250 feet south of Drake Road and west of South College Avenue. The'Board recommends C, Commercial Respectfully submitted, /sl Robert 0. Engelke Acting Secretary Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that the report of the Planning and Zoning Board be accepted and the zoning matter be referred to the City Attorney for further handling. Roll was called resulting as follows: Ayes:f Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None.. The Mayor declared the motion adopted. The following ordinance was presented and read at length on first reading: ,,I. 10^ ORDINANCE NO. LL6, 1969 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO The Director of Planning reported that the property had been surrounded by the City for more than three years. Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that Ordim nce No. 46, 1969, be considered fav- orablyon first reading and to be presented on final reading the 23th day of August, 1969. Roll was called resulting as follows: Ayes: Councilmen Carson,' Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following report was presented and read at length: TO: Fort Collins City Council FROM: Planning and Zoning Board SUBJECT: Discuss zonin- of nr000sed forced annexations. Seventeenth South Shields Annexation. Present County zoninF. B Fusin-, District. . Location: Ti R'" o-' Sect_^.n l n0•t S-Melds. August _7, _1909 - - - The Board recommends R-L, Limited Business. Respectfully submitted, /s/ Robert 0. Engelke Acting Secretary "-v' The Planning Director reported that 2/3 of this property had been surrounded by the City for more than three years. Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that the report of the Planning and Zoning Board be accepted and the matter be referred to the City Attorney for further handling. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following report was presented and read at length: TO: Fort Collins City Council FROM: Planning and Zoning Board SUBJECT: #41-69. Consider rezoning involving approximately 2.50 acres from R-L, Low Density Residential to B-H , Planned Business. Owner: Ryan and Hoar Location: SE-4 of Section 9, at the NW corner of the intersection of Taft Hill Road and West Mulberry The Board considered this item at its August 5, 1969 meetag and recommends approval. It was the feeling of the Board that this rezoning would aid in the development of the area. Respectfully submitted, /s/ Robert 0. Engelke Acting Secretary 1-✓ Motion was made by Councilman Kissock, seconded by Councilman Troxell, that the report of the Planning and Zoning Board be accepted and the matter be referred to the City Attorney to prepare the necessary resolution and notice of hearing. Roll was called resulting as follows: Ayes: Councilmen Car.son, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following report was presented and read at length: TO: Fort Collins'City Council SUBJECT: #66-69. Consider rezoning petition involving approximately 1 2/3 acres FROM: Planning and Zoning Board from RM to B-L zone. Owner: John H. Rulon Location:=N'2- of Section 11, NE and NW of the intersecthn of Cherry and Whitcomb Streets. The Board considered this item at its August 5, 1969 meeting and recommends disapproval. The area is presently established residatialin chara- cter and the proposed commercial services which could be provided uuth the zoning, could be provided less than one block away without rezoning. Respectfully submitted, /s/ Robert 0. Engelke Acting Secretary I Motion was made by Councilman Kissock, se.conded by Councilman Troxell, that the report of the Planning'and Zoning $card be accepted.. Roll was called resulting as follows: Ayes: Councilmen Carson,'Troxell, Kissock and Kruchten. Absent:; Councilman Lopez, excused. Nayes: None." The Mayor declared the motion adopted. The folloding letter was presented andread at length: ! HOLY FAMILY CHURCH r 326.North Whitcomb August 6, 1969 The Planning and Zoning Board " Fort Collins, Cohorado Dear Gentlemen: The urxersigned, Pastor of Holy Family Church, Fort Collins, Colo. and the greatest majority of the members of the same parish church, whose many signatures 165, were submitted to theBoard the day of the hearing, August 5th, respectfully request that the petition made by John H. Rulon for the rezoningcf property at Cherry and Whitcomb from R-M to B-L, which have been denied by the Planning and Zoning Board on that same day, August 5th, 1969, kindly be kept alive as to give the petitioners the opportunity to prove that the reasons produced by the opposi- tion are either false or unconsistent, therefore cannot motivate the denial. It is our intention to use all lawful means available to attain the reasoning of the above mentioned property, which we believe, would be most good for the community and for the Church. H th t t oping a our reques will meet with your kind approval, I remain, Respectfully yours, /sl Rev. Bartholomew Quetglas, C.R. Pastor_ Motion was made by Councilman Troxell, seconded by Councilman Kissock, that this letter be accepted and that a hearing be set up on this request for the rezoning September 4, 1969, and refer the matter to the City Attorney for appro- priate action. Roll was called resulting as follows: Ayes: Councilmn Carson; Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes:' None. The Mayor declared the motion adopted. The following report was presented and read at length: August 6, 1969 TO: [16 Fort Collins City Council FROM: Planning and Zoning Board SUBJECT: #70-69. Consider Mountain View Acres annexation petition involving approximately 9 acres. Petitioner: Several Location: NW4 of Section 16, SE of the intersection of Overland Trail and Mulberry Street. The Board considered this item at its August 5, 1969, meeting and tabled to permit time for discussions with Colorado State University regarding the, right- of-way needs on Overland trail. Respectfully submitted, /sl Robert 0. Engelke Acting Secretary No action taken on this matter. The following report was presented and read at length: August 6, 1969 TO: Fort Collins City Council FROM: Planning and Zoning Board SUBJECT: #71-69. Consider request to vacate an east -west alley on the west side of Mason Avenue, 200 feet north of Laurel. Petitioners: Several The Board considered this item at its August 5, 1969 meeting and re- commends approval subject to a suitable easement for power poles now located in th e alley. Respectfully submitted, /s/ Robert 0. Engelke Acting Secretary Motion was made by Councilman Troxell, seconded by Councilman Kruchten, to accept the report of the Planning and Zoning Board and refer the matter to the City Attorney to prepare the necessary ordinance. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. Councilman Troxell stated that should any of the property owners desire to relocate the poles and lines, the expense for doing so would be up to the owners. City Planner Don Reynolds stated that the department would like to change the signs now used to post property to one uniform sign. This would save money and time, as people living in the neighborhood callhis office for information. trial of the proposal After some discussion, it was agreed to a six month / and if effective an ordinance would be presented. Motion was made by Councilman Carson, seconded be by Councilman Kissock, that this/approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilmen Lopez, excused. Na-yes: None. The Mayor declared the motion adopted. The following report was presented and read at length, August 6, 1969 Iy3 TO: Fort Collins City Council FROM: Planning and ZoninE Boar SUBJECT: $37-69. Consider a revised unit development plan of Fahrenbruch Leisure Village Third ,Filling, involving approaiMately 17.60 acres with R-P, Planned - Residential Zoning. Owner: Jach Fahrenbrach Location: NA.; of Section 25, south of Dra_ce load. east of Leasure Drive, and west of Stanford load. The Board considered tri _ter at its August 5. 1069 meeting and recom- mends aonroaal. st ter, �..._..._._...:... Motion was made by Councilman Troxell, seconded by Councilman. Kissock, and the revised unit development be approved. that the report of the Planning and Zoning Board be accepted, --/ Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissook and Kruchten.` Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following report was presented and read at length: August 6, 1969 TO: l� Fort Collins City Council FROM: Planning and Zoning Board SUBJECT: #72-6g.-_ Clarification of the recreational use provisions in Residential zones. ; Under other business, the Board considered an amendment to the zoning ordinance clarifying the recreational use provisions in Residential zones. The recommended revisions are as follows: 1. R-E, and R-I, zones: remove "Parks, playgrounds and golf courses", as uses permitted, and substitute "Public and non-profit quasi public recreational !roses as a principal use". 2. R-M. and R-H, zones; remove "Parks, playgrounds and golf courses", as uses permitted and also remove "swimming pools and non-profit quasi -public recreational uses as a principal use", then substitute "Public and non-profit quasi -public recreational uses as a principal use", for both statements. Respectfully submitted, /s/Robert 0. Engelke Acting Secretary After discussion, motion was presented by Councilman Kissock, seconded by Councilman Kruchten, to accept the report and refer same to the City Attorney for further handling. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Council- man Lopez', excused. Nayes: None. The Mayor declared the motion adopted. The City Manager presented the follocdng report: August 5, 1969 TO: 13Y Honorable Mayor and City Council FROM: Personnel Board SUBJECT: Proposed Amendment to the Personnel Rules Attached you will find the Administration's and Personnel Board's recom- mendation for revision to Rule XIV, Section 1 of the Personnel Rules pertaining to separations. The Rule, as presently writtn, stipultes that an employee must - give two weeks notice upon termination of employment; however, no meaningful pen- alty is provided for failure to do so. We have had considerable problem with employees disregarding this and leaving on short notice. Since it takes an absolute minimum of two weeks to recruit a replacement for positions where no current eligible list exists, we are often left shorthanded. It is felt by the Administration and Personnel Board that two weeks not- ice is not an unreasonable requirement and that some provision is necessary to give this Rule some teeth. Consequently, we are recommending that the wording be changed to reflect a loss of accrued vacation time for those employees not abiding by this provision. Respectfully submitted, /s/ Torn Burl-ess Secret-._ y to one Board Alter discussion and explanation ,\ this amendment by the. City Manage r; motion was made by Councilman Kissock;,.seconded by.Councilmai7 Kruchten,' that this be adopted. Roll was called resulting.as follows: Ayes: Councilman j Troxell, Kissock and KruchLopez, excused. Carson",~ten. Absent: Councilman Aaye"s: None. The Mayor declared the motion adopted. The City Manager advised the Council that the Mountain States Telephone 1' b Company had 12 telephone'ples on Lemay Avenue between Prospect and Dartmouth Trail that they had no more use for and wanted to sell these poles to the City of $701.90. He stated that the City diould buy them as City power at a cost lines and that these poles are already in the ground. Motion was made by Councilman Troxell,. seconded by Councilmn Kissock, that this be approved. Roll called as follows: Ayes: Councilmen Carson, Troxell, Kissock was resulting and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The/ Mayor declared the motion adopted. Police Chief Smith was present and presented a report on the Omnibus [f� r the budget was approved Crime Bill. This came up afteand was not included in the budget for 1969. This wo u ld be on a matching fund basis, the Government 75% and the Police Department paying 25%• He stated that most are on a paying 60-40 basis. One is a Crime Check program, the Optimist Club is working with the Federal Government and Police Department on this The others are a regional training program, traffic.institute, train an officer to repair weapons, communi- cation equipment, four more mobile radios, intercom telephone system and educa- tion equipment in relation to dangerous drugs, films for school education, etc. The total cost to the City would be approximately $6,000.00. Councilman Troxell thanked Chief Smith for bringing this program to the Council, and made a motion that the report be accepted and referred to the s' " City Manager for further study and report back to the Council. Councilman i' Kruchten seconded this motion. Roll was called resulting as follows: Ayes: fl Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, •excused. Nayes: None. The Mayor declared the motion adopted. The following bids were presented and read at length: July 30 , 1.969 TO:- (51 Mr. Tom Coffey, City Manager. FROM: Mr. E. M. Kuppinger, Purchasing Agent SUBJECT: Fire Hose Bids IPrior to submitting this proposal to Council I felt it necessary o present this detail involved matter to you to get your inion on the subject because of the - op iBids have been opened and evaluated covering consideration of purchase of 600', 1-12" fire hose and 1000' of 2-2" fire hose.. The bids were let with two alternates briefly they are: 6001, 1-2"Fabric Fire Hose 4: 10001, 2Vy Fabric Fire Hose Alternate: 100% Dacron, Synthetic hose, same quantities and diameters. the results are tabulated on an attached sheet. Reducing the bid information this is essentially what was presented. Alternate 1• Total cost low bidder for the fabric hose was American La France with a bid of $1,549.50., and low bidder for synthetic hose was Pueblo Fire Equipment Company with a bid of $1,848.00. The question then is three part. (1). To accept the low bid for fabric hose. (2). To accept the low bid for synthetic hose. (3). To consider the differences, Fire Chief Ed Yonker has reviewed the bids and concurs with these points. '.Point 1: Fabric hose is acceptable to the Fire Department. It has a disadva4n- tage in that only 1200' can be put on a reel•and National Fire Underwriters now requires that 1500' be on a reel. Point 2: Synthetic hoseis preferable to the Fire Department. It's advantages are that only 1500' can be put on 'a reel that that.it is considerably lighter in mA ght. This could be important fromza fatigue factor point of view. Point 3: The differences than are a price difference of $298,50 and more hose to a reel and lighter in vd ght. The points Council will be most involved in is that - ofdetermining the questinn of additional cost involved for the synthetic hose, coupled with the Fire Departmen is preference, virsus fabric hose. You, can judge from the information provided that this would be a lengthy item to bring to the Council. The..recommendation from the Fire Chief and Purchasing is that synthetic hose be bought. Yay,`I restate that the purpose in bringing this to your attention is to solicit your help.ineither presenting this to Council prior to a regular meeting, in order that they may be aware of some; of the background, or in getting your approval without couxil action. Your assistance in this matter will be appreciated. Respectfully submitted, /s/ E. M. Kuppinger Purchasing Agent Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that this matter be tabled. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. Mr. Garth Rogers and Mr. Leo N. Bradley, Attorneys, were present, re- presenting the Safeway Stores, Inc., on 105 West Prospect and 425 South College Avenue, in their application for the sale of Fermented Malt Beverages. Mr. Rogers stated that there were no outlets closer than Speedy Foods, had been filed, Toot n Moo and 7-11 Store on Lemay and Elizabeth, and no remonstrances/and stated that the requirements in the neighborhood are not besng met. Jack Lawyer, 3341 Teny Lake Road, was presented and sworn in as a witness for the applicants. He has been an employee for Safeway Store at 425 South Col- lege since March, 1968. He is responsible for stock, staff supervision, building and ground maintenance and customer relations. This store covers 25,000 square fret and cariies 12,000 to 13,000 items and the store is open to the public seven days a week. He stated that their customers come PromRedfeather, other Fort Collins. towns surrounding and all over the cus- ed rich were petitions circulated among Exhibit A was present to mars of the Safeway Stores, Inc., as to their Piling for a Fermented Malt 1,296 customers. This Beverage and contained addresses, names, age and date of wa's received by the Licensing Authority. Mr. Lawyer was asked how many requests he had had for this license. He stated quite a day, and a Pew; ten or fiftee nd the customers desire it. Mr. stated that he feli,the license is needed a Bradley asked if they had provisions for storing beverages in the store and he stated they had complete facilities. No further questions were asked Mr. Lawyer. The Mayor asked if there any questions by anyone. Councilman Troxell asked if he was familiar with the rules and regulations. Mr. Lawyer stated that he was as he had worked in another store that sold malt beverages. uist, 1207 Geraldine Moore of Highland Manor Mobile Park and Doris Hagg Monggomery, were called to the stand and sworn in and questioned. Both were asked if they felt the need for beer and they both stated that they did and that it would be far more convenient to buy it where they bought groceries rather than go the eer. Max Getts, 1118 W. Mountain Avenue, an 7-11 store or elsewhere for b employee for Safeway for 28 years, was presented and sworn in. He works at the store at College and Prospect, a new store with 25,000 square feet of floor space. He stated a lot of people out of town asked if they had beer. Exhibit B were petitions circulated in the Store and contained 875 names. This was received by the Licensing Authority. These were circulated in the old store as -the new building was not in operation. Jeanette Bunn and Mrs. Charles Will were presented and sworn in and asked their need for this license. Both stated they did as it was more convenient to be able to buy beer where they bought their groceries. Mr. James Richards, Public Relations Manager for Safeway Stores, Inc.,,was presentee what Safewya would do for their personnel in the way and sworn in. He was asked of instruction in selling beer. He stated that they would educate the store employees bout the licensing. Caddies under 18 pars of age would not be allowed to employees would familiarize themselves o handle the beer in any way and the oth as well as himself, concerning the laws of the State of Colorado and Fort Collins, The old store at College and stating that Safeway had never had any violations. Prospect had 5,000 to 10,000 items ten years ago and the new store now carries more ence hed to than twice this number. The Mayor asked if anyone inthe that the lhearing �was closed an speak in opposition, there being none, the Mayor stated/that the Council would matter under take this /, consideration and present findings within a reasonable time. 452 st Bob Miller of Fischer and Beatty, was present and presented a plat of Imperial Homes at Ponderosa and Orchard. Motion was made by Councilman Kissock, seconded by'Councilman Kruchten; that this matter be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilmen Lopez, excused. Nayes: None., The Mayor declared the motion adopted. The following communication,was presented and read at length: July 31, 1969 City of Fort Collins Fort Collins, Colorado Re: Transfer of Water Allotment Contract Temporary Use Permits/Class B Contract V' Dear Sirs: We note that the City of Fort Collins now holds allotment contracts under Temporary Use Permits totalling 515 acre-foot units. You will probably recall tYat Temporary Use Permits were devised by the District to permit municipalities to accumulate a number of small allotment con- tracts until such time as the quantity of water thus accumulated would make a transfer to a full mumicipal (Class B) Contract worthwhile. At the time of the renewal of Fort Collins' Temporary Use Permits In March of 1969, the Board of the District expressed the feeling that it would be mutually advantageous to both the City of Fort Collins and this District to make such a trasfer prior to the next renewal of the Temporary Use Permits.. We have, therefore, prepared the necessary "Application . for Can- cellation of Temporary Use Permits" and we enclose a copy of the application for a Municipal Contract which, in part, takes the form of an Ordinance to be passed by the City. You may wish to make certain changes to the proposed form of Ordinance, but, if you do, we would suggest that you check with this District in advance to make certain that such changes are acceptable to the District. If no changes are made and after passage ofthe Ordinance, both copses of the enclosed Ordinance and both copies of the "Application ...for cancelation of Temporary Use Permits" should be executed by the City and returned to this District. Obviously, if it is necessary to make any changes to the Ordinance submitted herewith, those applications will have to be re -typed to reflect the necessary changes. If it is your intent to transfer additional water in the near future, it should again be transferred on Temporary Use Permits until such time as it becomes advisable to transfer a further block of water to a permanent contract. If you have any questions or if we can assist you in any way, please let us know. Yours very truly, /s/ J. C. Nelson Contracts Administrator 13� The following ordinance was presented and read at length on first reading: ORDINANCE NO. 48, 1969 BEING AN ORDINANCE TO APPLY AND CONTRACT FOR BENEFICIAL USE OF WATER ON BEHALF OF THE CITY OF FORT COLLINS, COLORADO, A MUNICIPAL CORPORATION, AND PRESCRIBING THE TERMS FOR APPLICATIONFOR AN AIIDTMENT OF WATER TO SAID CITY OF FORT COLLINS BY NORTHERN COLORADO WATER CONSERVANCY DISTRICT Motion was made by Councilman Troxell, seconded by Councilman Kissock, that Ordinance No. 48, 1969, be adopted as an emergency ordinance. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock abd Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adgted. The following resolution was presented and read at length: �Resolution OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING DAVID WATROUS AS A MEMBER OF THE CITY OF FORT COLLINS LANDMARK PRESERVATION COMMISSION WHEREAS, heretofore Harry Rennat resigned as a member of tke Fort Collins Landmark Preservation Commission; and WHEREAS, the City Council desires to appoint David Watrous to fill out the unexpired term of tYe said Harry Rennat as a member of said Commission, and the said David Watrous has agreed to serve as a member of said Commission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that David Watrous be and he hereby is appointed as a member of the Fort Collins Landmark Preservation Commission to serve out the unexpired term of Harry Rennat. Passed and adopted at a regular meeting of the City Councilkeld this 7th day of August, A. D. 1969. /s/ Karl E. Carson Mayor ATTEST: /s/ John Bartel City Clerk MBtion was made by Councilman Kissock, seconded by Councilman Kruchten, that the resolution be approved and adopted and /that Mr. Rennat be written a letterof appreciation for his services oii the Land- mark Preservation Commission. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilmen Lopez, I. excused.. Nayes: None. The Mayor declared the motion adopted. The City Manager advised the Council that Lee Cooper of Lee's Cyclery 111 ha'�t'reques`ted that -two parking meters be placed "in'front of his place of business at 202 West Laurel Street, and he recommended that this be granted, stating that it had been approved by the Traffic Engineer. Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that the recommendation of the City Manager and Traffic Engineer be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchtaff. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The City Manager presented the following communication: PROPOSAL It has been apparent for some time that a study of the sstud max This ficial use of the City's raw water resources should be un-brtaken. y should include possible additional sources of water available to the City (exclud- ing the -Windy Gap project, which is under independent study). he City bandauthorized to retain I:b is therefore proposed that tspspecialcouilsel, Morton Arthur E. March,Jr•, and Fischer and Betty, as a 454 Bittinger, as special engineering consultant, to investigate and report to the Manager, Water Board and Council, concerning: 1) Maximum present and future beneficial use of the City's present water supply. 2) Future raw water supplies. 3) Operating methods to assure maximum utilization of present or future supply. 4) Water exchanges,sales, purchases, or leases available or potentially available. 5) The fullest use of water allowable under Senate Bill 81 of other laws including integration of allsources of supply, including changes in type, placeor character of use and alternate or supplemental points of diversion. I would further propose that no more than $20-,000 will be obligated for such investigations and reports without further authorization from the Council. The Mayor stated that he thought the recommendation of the City Manager wasappropriate and that we should look in to the matter. This should be done in 6to 9 months between the lawyers and engineers. Motion was made by Councilman and adopted Troxell, seconded by Councilman Kruchten, that this recommendation be.accepted, / Roll was .called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. A short recess- was called by the Mayor, after which the Council recon- vened as a Liquor Licensing Authority. The following findings and resolution was presented and read at length: 0. FINDINGS AND RESOLUTION UN; OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, ACTING AS THE LOCAL LIQUOR LICENSING AUTHORITY CONCERNING AN APPLICATION'EOR A HOTEL AND RESTAURANT LIQUOR LICENSE The application of Floyd Baker and Regina Baker for a hotel and Restaurant Liquor License came on for hearing at 2:00 P.M. on the loth day of July, 1969, i n the Council Chambers, City Hall, Fort Collins, Colorado, pursuant to notice duly given as requiredby law. The Authority, having heard the evidence introduced at the hearing, and having examined the documents introduced and having heretofore held a prelim= inary hearing and issued findings in writing on said preliminary hearing, now makes the following findings: I. Nothing contained in C.R.S., 1963, Section 75-2-39 prohibits the. issuing a license at the proposed location. 2. The neighborhood to be served :.under this application is as defined in the preliminary findings of the Authority. 3. The applicants are of good character and qualified under the Ordinances of the City of Fort Collins and the laws of the State of Colorado for the license applied for. 4. The application is in proper form. 5. No license of the type applied for presently exists within or near the neighborhood, and the reasonable requirements of the neighborhood require ti.e issuance of the license applied for. Another application for a license which will serve essentially the same neighborhood has been made; however, it is the finding of the Authority that more than one outlet is needed to serve the needs of the neighborhood. 6. The b.uiling in which the license is to be operated is constructed; however, theplans and specifications of tie applicants show that the applicants propose'to remodel -the premises, and no license should issue until the remodeling is completed in`sccordance with the plans and specifications submitted by the applicants and the requirements of the Building Inspector, including specifically installation of additional required sanitary facilities, and fire protection for basement stairway. 7,.. The within application is only for the main floor of the premises, and anyi;)_icenseissued sbLl cover only such main floor. RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS ACTING AS THE LOCAL LIQUOR LICENSING AUTHORITY CONCERNING AN APPLICATION FOR A HOTEL AND RESTAURANT LIQUOR LICENSE BE IT;i3ESOLVED by the Council of the City of Fort Collins, acting ad the Local.Liquor Licensing Authority, that the application of Floyd Baker and Regina Baker for a Hotel and Restaurant Liquor ]License be and the samehereby is granted in accordance with the findings of the Authority heroin; and BE IT FURTHER RESOLVED that said license shall not issue until remodeling ; of the licensed premises is completed, and the Authority has received a report from the City Building Inspector that said remodeling has been completed in accord-, once with the drawings, plans and specifications submitted with the application and the requirements of the City Building Inspector and approved the same. Passed and adopted this.7th dW of August, 1969. /sl Karl E. Carson Mayor ATTEST: /sl John Bartel City Clerk The Mayor askedihe Building Inspector if he had any comments to make .concerning this license. There being none, motion was made by Councilman Kissock, seconded by Councilman Kruchten, that this resolution be adopted. Roll. was called resulting as follows' Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following findings and resolution was presented and read at length: lob FINDINGS AND RESOLUTION , �- OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, ACTING'AS THE LOCAL LIQUOR LICENSING AUTHORITY, CONCERNING AN APPLICATION FOR A HOTEL AND RESTAURANT LIQUOR LICENSE'. The application of Everett Dale Meyer and Melva Jean Meyer for a Hotel and Restaurant Liquor License came on for hearing at 3:00 P.M. on the loth day of July, 1969, in the Council Chambers, City Hall, Fort Collins, Colorado, pur- suant to notice duly given as required by law. The Authority, having heard the evidence introduced at said hearing, and having examined the documents introduced and having heretofore held' a prelimin- ary hearing and issued findings in writing on said preliminaty 4earing, now makde' the following findings: 1. The neighborhood to be served under this applicationis as defined in the preliminary findings of the Authority. 2. Nothing contained in C.R.S.., 1963, Section 75-2-39, prohibits the ;issuing of a license at the proposed location. 3. The applicants are of good character and qualified under the ordi-; •nances, of the City of Fort Collins and the laws of the State of Colorado for the license applied for. 456 4. The application is in proper form. 5. No license of the type applied for presently exists within or near theneighborhood, and the reasonable requirements of the neighborhood require the issuance of the license applied for. 6. The building in which the license.is to be operated is constructed, but the applicant has submitted plans and specifications concerning the proposed remodeling of the same, and no license should issue until such remodeling is completed in accordance with the plans and specifications submitted by the applicants'and the requirements of the City Building Inspector, including speci- fically, the following requirements; provide fire damped in air inlet to kitchen from roof, provide adequate sanitary facilities, and separate exit corridor from kitchen. �y ` RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS, ACTING AS THE LOCAL LIQUOR LICENSING AUTHORITY, CONCERNING AN APPLICATION FOR A HOTEL AND RESTAURANT LIQUOR LICENSE BE IT RESOLVED by the City CouncjT:of the City of Fort Collins, acting as the Local Liquor Licensing Authority, that the application of Everett Dale Meyer and Melva Jean Meyer for a Hotel and Restaurant Liquor License, be and the same is hereby granted in accordance with the findings of the Authority herein; and BE IT FURTHER RESOLVED that said license shall not be issued until re- modeling of the licensed premises is completed, and the Authority has receivR d a report from the City Building Inspector that said remodeling has been completed, in accordance with the drawings, plans and specifications submitted with the appli• cation and the requirements of the City Building Inspector and approved the same. Passed and adopted this 7 day of August, 1969. / Karl E. Carson yor ATTEST: Isl John Bartel City Clerk The Mayor asked if anyone wished to speak in regard to the issuance of this license, there being none, motion was made by Councilman Kissock, seconded' by Councilman Troxell, that the resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes': None. The Mayor declared the motion adopted. The following findings and resolution were presented and read at length: FINDINGS AND RESOLUTION �q' o OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, ACTING AS THE LOCAL LIQUOR LICENSING AUTHORITY CONCERNING' AN APPLICATION FOR A HOTEL AND RESTAURANT LIQUOR LICENSE The application of The To , Inc., for a Hotel and Restaurant Liquor License came on for hearing at 7:, P.M. on the loth day of July, 1969, in the Council Chambers, City Hall, Fort Collins, Colorado, pursuant to notice duly given as required by law. The Authgority, having heard the evidence introduced at the hearing, and having examined the documents introduced and having heretofore held a preliminary hraring and issued findings in writing on said preliminary hearing, now makes thefollowing findings: 1. The neighborhood to be served under this application is as defined in the preliminary findings of the Authority. 2. Nothing contained in C.R.S., 1963, Section 75-2=39 prohibits issuing a license at the proposed location. 3. The applicant is of good character and qualified under the Ordi- nances of the. City of Fort Collins and the laws of the State of Colorado for the license applied for. 4. The application is in proper form. 5_. No license -of the type applied for presently exists within or near the neighborhood, and the reasonable requirements of thereighborhood require —the issuance of the ii'case applied for: Another application for a license- '`iihich will serve essentially the same neighborhood has been made; however, -fit is the findingof the Authority that more than one outlet is needed to serve the needs- of the neighborhood. 6 The building in which the license is to be operated is constructed,, but the applicant has submitted plans and specifications concerning the -proposed_" remodelong of the same, and no license should issue until such remodeling.ts completed in accordance with the plans and specifications submitted by the:; applicant and the requirements of the Building Inspector, including specifically,. the following requirements: new entrance to smoke tower at west end of premises installation of panic hard?are on entrances to stairway door:. 7. The application is only for the seventh floor of the licensed premises, and any license issued will apply only to such floor. - L100 RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS ACTING AS THE LOCAL LIQUOR LIC3iSING AUTHORITY CONCERNING AN APPLICATION FOR A HOTEL AND RESTAURANT LIQUOR LICENSE BE IT RESOLVED by the Council of the City of Fort Collins acting as the Local Liquor Licensing Authority, that the application of The Top, Inc., for a Hotel and Restaurant Liquor License be and the same hereby is granted in accord- ance with the findings of the Authority herein; and BE IT FURTHER remodeling of the licei a report from the City in accordance with the application and the re RESOLVED that said license shall not be issued until ised premises is completed, and the Authority has received Building Inspector that said remodeling has been completed plans, drawings and specifications submitted with the luirements of the Building Inspector and approved the same. Passed and adopted this 7 day of August, 1969. /sl Karl E. Darson Chairman ATTEST: /sl John Bartel City Clerk Mr. Ware was present asking permission to start operations before the remodeling was completely fiished, stating that the major part would be completed. by 11:00 P.M. Councilman Kruchten'stated that under the laws and regulations the provisions required must be met. Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that this resolution be adopted. Roll was call- ed resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Na-yes: None. The Mayor declared the motion adopted. Motion was made by Councilman Kruchten, seconded by Councilman Kissock, that a meeting be set for Friday, August 8, 1969, at 11:45 A.M. for the report of the Building Inspector and Fire Inspector, and consider the license. Also to consider Bake's Restaurant License in order for them to get their State and City Licenses. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Hayes:-- None. The Mayoeclared the motion adopted: The following resAZition And findings were pP@0@VA@g 0A r-80 5t 7914tki: lot FINDINGS AND RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, ACTING AS THE LOCAL LIQUOR LICENSING AUTHORITY, CONCERNING AN APPLICATION FOR A HOTEL AND RESTAURANT LIQUOR LICENSE W st 7- 1Q0Q The application of Roger H. Springston for a Hotel and Restaurant Liquor License came on.fir hearing at 8:00 P.M. on the, loth day of July,1969, in the Co.uncil Chambers,.City Hall, Fort Collins, Colorado, pursuant to notice duly given as required by law. The Authority, having.h6ard'the evidence introduced stsaid hearing, examined.the documents introduced, and having heretofore held a preliminary hearink and issued findings in writing on said preliminary hearing, now makes the follow- ing findings: ­11. The neighborhood to served under this application is as defined in the preliminary findirgs of the_Authority. 2. Nothing containedin C.R.S., 1963, Section 75-2-39, prohibits the issuing of a license at the proposed location. 3. The applicat is of good moral character and qualified under the Ordinances of the.City of Fort Collins and the laws of the State of Colorado, for the license applied for. 4. From the testimony produced at the hearing, it appears that the reasonable requirements of the neighborhood are not met by any existing outlets. 5. The Vuildirg in which the license is to be operated in constructed; however, the evidence produced at the hearing and the application filed by the applicant show that the applicant intends to remodR said premises. The originals plans submitted for the remodeling of the premises contained inadequate restau- rant and kitchen facilities; and in the opinion of the (Ity Council, the proposed facility was not a "restaurant" as defined and req uired by the Colorado Liquor Code. Foll'owing the hearing, the applicant has supplemented and amended his application by filing revised plans and specifications for the proposed facility. At least two different plans have been filed, and it -is not now clear exactly how the applicant proposes to remodel the existing facility or whether the same will continstitute a "restaurant" as required by law. For the foregoing reasons, it is the finding of the Authority that this appli.cation should be approved conditional upon the applicant submitting final plans and specifications for the remodeling, showing that the proposed facility will be a "restaurant" as required by law, and obtaining the approval of the,Auth-� orit7 for such plans and specifications, and further conditional upon the appli- cant obtaining the approval of such facility by the Larimer Canty Health Depart- ment and being issued a restaurant license for such facility, and further con- ditional upon the completion of such remodeling in accofdance with the approved plans and,specifications and the requirements of the City Building Inspector. RESOLUTION A\ a OF THE COUNC1LOF THE CITY OF FORT COLLINS, ACTING AS THE LOCAL LIQUOR LICENSING AUTHORITY, CONCERNING AN APPLICATION FOR AHOTEL AND RESTAURANT LIQUOR.LICENSE BE IT RESOLVED By the Councilof thd City of Fort Collins, acting as the Local Liquor Licensing Authority, that the application of Roger H. Springston for a Hotel and Restaurant Liquor License be and the'same hereby is approved in accordance with the findings of the Authority herein; and BE IT FURTHER RESOLVED that said license shall not be issued until the applicant has submitted final plans and specifications to the Authority showing that the proposed facility will be a "restaurant" as required by law and obtained the approval- of the Authority for the s ame and further until the applicant has obtained the approval of the Larimer County Health Department and been issued a restaurant license and further until the remodeling is.completed and approved by,the Authority in accordance with the plans and specifications tc be submitted, and the requirements of the City Building Inspector. BE IT FIRTHER RESOLVED that this approval shall be valid aly for 90 days .from this date, and if satisfactory plans for a restaurant are nt submitted and approved within such 90 days then the application shall be deemed denied. Passed and adopted on the 7th day of August, 1969. Isl Karl E. Carson Chairman ATTEST- /s/ John Bartel 'City Clerk Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that this resolution be.adopted. Roll was. called resulting as follows: Ayes: Councilmen Kissock, Troxell and Kruchten. Absent: Councilman Lopez, excused. ■ayeLs Councilman Carson. The'Mayor declared the motion adopted. The following resolution and findings were presented and read at length: FINDINGS AND RESOLUTION`'°COLORADO, ACTING AS THE OF THE COUNCIL OFLICENSING AUTHORITYRCONCERNINGCITY OFFANTAPPLICATION FOR AARETAL LIQUOR STORECAL LICENSE LIQUOR h The application of Glenn M. Brunner for a Retail 969, inStheeCouncilLicense I' came on for hearing at 2:00 P.M. on the llth dayof Jul 1969, even as I Chambers, City Hall, Fort Collins, Colorado, pursuant to notice duly g' �' required by law. y{ The Authority having heard the evidence intro at said hearing, examined the documents.introduced and having heretofore held eld no makes the follow - preliminary hearing and issued findings in writing on said preliminary hearing, no j, ing findings: 1. The neighborhood to be served under this application is as defined in the preliminary findings of the Authority. i' �. 2. Nothing contained C.R.S., 1963: Section 75-2-49, prohibits issuing a license at the proposed location. Specifically, the.Authority finds that , the proposed location is more than 500 feet from the principal campus of Colorado State University, and that the United States Department of Agriculture Facility `''' is not a part of the principal campus of said located adjacent to said campus University. 3. The applicant is of good moral character and qualified under the Ordinances of the City of Fort Collins and the laws of the State of Colorado for it the license applied for. From the testimony p roduced at the hearing, it appears that the reasonablerequirementsof the neighborhood are not met by the existing licenses./. 5. The building in which the license is to be operated is now under construction, and is not in existence; accordingly, under the Provisions of C.R.S., 1963, Section 75-2-40 (3) the applicant was required to file at the time of application complete plans and specifications for the interior of the build- ing, and an architect's crawing of the building to be constructed. At the hearing the applicant was granted an additional 5 days within which to comply with this requirement by supplementing the application, and within said time the applicant drawings which we're previously presented to the filed another set of the same Authority, but with an architect's stamp on the same, and also filed a set of pur- ported specifications for the work. The Authority has examined all of said pur- ported pl:an•s, specifi% ation"s and drawings,:and it is the opinion of the Authority that the same do not meet the requirements of the law above_ referred to, and s drawing of the buildng to be constructed has specifically that no architect' itts d, and no specifications for the interior have been submitted, as been subm required it law. It is therefore, the finding of the Authority that the appli- by cationis not in proper form, and for this reason the license is denied. RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS, ACTING AS THE LOCAL LIQUOR LICENSING AUTHORITY, CONCERNING AN APPLICATION FOR A RETAIL LIQUOR STORE LICENSE BE IT RESOLVED by the Council of the City of Fort Collins, acting as the Local Liquor Licensing Authority, that the application of Glenn M. Brunner for a Retail Liquor License be and the same hereby is denied in accordance<' with the findings of the Authority herein. Passed and adopted this 7 day of August, 1969. /s/ Karl E. Carson Mayor ATTEST: /a/ John Bartel MY I j°� Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that the resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell and Kruchten. Nayes: Councilman Kissock. Absent: Councilman Lopez, excused. The Mayor declared the motion adopted. Councilman Kissock stated that the 'reason he voted against this issue was that he did not think that not having a licensed architects plans important enough to deny this license and the result might be a law suit against the City. With nothing further, the Authority adjourned until 11:45 o'clock A.M. August 8, 1969. Ma r ATTEST: City C k