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HomeMy WebLinkAboutMINUTES-05/21/1970-RegularMay 21, 1970 77 j ay: ate. _ MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS. Field Thursday, May 21, 1970, at 1':30 o'clock P.M. Present: Councilmen Carson, Troxell, Lopez and Kruchten. City Manager Coffey,- ' Assistant City Attorney March and Director of Public Works Liquin. - Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that the reading of the minutes of the last ref;ular meeting held May 14, 1970, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following resolution was presented and read at length: RESOLUTION 70-55 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING WILLIAM D. CHILTON AS A MEMBER OF THE CITY COUNCIL -WHEREAS, a vacancy exists on the City Council by reason of the resignation of John J. Kissock; and WHEREAS, Section 18 of Article II of theCity Char'�er provides that the City Council shall fill any vacancy on the Council; and WHEREAS, the City Council desires to appoint William D. Chilton a member of the City Council to fill out the unexpired term of .the said John J. Kissock, and the said William D. Chilton has agreed to accept such appointment. NOW, THEREFORE, BE IT RESOLVED BY 71E COUNCIL OF THE CITY OF FORT COLLINS that William D. Chilton be and he hereby is appointed as a member of theCity Council to fill out the unexpired term of John J. Kissock on the Council. Passed and adopted at a regular meeing of the City Council held this 21st day of May; + A. D. 1970 . /s/ Karl E. Carson Mayor ATTEST: �` ^1 /s/ John Bartel City Clerk Motion was made by Councilman Lopez, seconded by Councilman Troxell, that this resolution be adopted.- Roll was called resulting as follows: Ayes: Councilmen Carson; Troxell, Lopez and Kruchten. Nayes: None. The Mayor declared the motion adopted. Mr. Chilton was sworn into office as Councilman by Deputy City Clerk Charlie Cain, r`I Mayor Carson stated the Council appreciated the fact that Mr. Chilton has agreed to fill out the term of Mr. Kissock, and introduced Mr. Chilton's wife, daughter and Mother . who were present at the Council.meeting. The following declaration was presented and read at length: DECLARATION WHEREAS, more than one million men and women have sacrificed their lives in the defense of freedom during chis nation's history; and WHEREAS, many millions'of other Americans have been severely wounded and injured during wartime service to their country; and WHEREAS, May 30 is observed as Memorial Day,+a day to pause, to pray, and to pay our respects to those who paid for our freedom with their lives; and WHEREAS, the Disabled American Veterans, an'organization chartered by the U. S. Congress is composed of men and women who became disabled during wartime military service; and WHEREAS, said orgainzation is dedicated to the service of disabled war veterans and their dependents, widows and orphans: -NOW, THEREFORE, I, KARL E. CARSON, Mayor of the City of Furt Collins, Colo, do hereby designate the period beginning at sunrise, May 25 and ending at sunset ,May 31, 1970, as MEMORIAL WEEK k �r , 21, 1970 1 . IN THE City of Fort Collins, during Memorial Week , the Disabled American Veterans and other patriotic organizations shall conduct appropriate ceremonies in memory of all those who died for their country. Flags shall be displayed from dawn to dusk during the seven day period to symbolize our rededication to principles of our democratic way of life. Mayor /s/ Karl E. Carson A resolution was presented approving specification for design and construction of Water, mains, sewer mains, streets, curb, gutter and sidewalk. Councilman Kruchten stated that there were revisions made by the Administration May 14, 1970, and asked that this resolution be tabled as he had not had a chance to read it through. Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that this resolution be tabled until the Council has had an opportunity to read the revised sections. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez.. -Chilton and Kruchten. Nayes: None. The Mayor declared the motion adopted. 1 The following resolution was presented and read at length: RESOLUTION 70-56 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPRESSING APPRECIATION TO ROBERTSON L. BENNETT, WILLARD M. BENNETT, JR., AND THOMAS W. BENNETT FOR THE DONATION OF A PAIR OF SWANS TO THE CITY WHEREAS, Robertson L. Bennett, Willard M. Bennett, Jr., and Thomas W. Bennett have donated to the City of Fort Collins in memory of their mother, Mrs. Helen F. R. Bennett, a pair of North European mute swans for Sheldon Lake in the Fort Collins City Park; and WHEREAS, the City Council desires to express the appreciation of the Council and the City for said donation. 1 NOW, THEREFORE, ,EE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City of Fort Collins hereby accepts the donation of said swans and expresses herewith the ! appreciation of the Council and the. City for said donation. Passed and adopted at a regular meeting of;the City '.Council held this 21st day of May, A. D. 1970. Karl E. Carson a or ATTEST: /s/ John Bartel City Clerk Motion was made by Councilman Troxell, seconded by.Councilman Kruchten, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion declared the motion adopted. Mayor Carson welcomed the 8th grade Civic Class from Lincoln Jr Aigh, and advised them that if they had any questions to ask, not to hesitate to d0 so. The Council,adjourned to hear the application of William Goff dba Bill's Aggie Liquors,, 429 Canyon, for enlargement of his premises., AND RECONVENED as a Liquor Licensing Authority. The City Manager advised the Council that the boundaries remain the. same and that the application was in order. The following resolution was presented and read at length: . RESOLUTION 70-57 OF THE COUNCILOF THE CITY OF FORT COLLINS ACTING AS THE LOCAL LICENSING AUTHORITY SETTING FORTH FINDINGS ON A PRELIMINARY HEARING ON.A LIQUOR LICENSING AUTHORITY. fi WHEREAS, heretofore William G. Goff made application to the City of Fort Collins f. for enlargement of premises for a retail liquor license; and I' WHEREAS, the City Council acting as the local licensing authority has rebeived reports concerning such application, and has held a preliminary hearing on such application as provided in Rule 3 of the Rules of Procedure of the liquor licensing authority. r` NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS acting as the local licensing authority that the authority hereby makes the following preliminary j findings and determinations concerning this application, subject to the right of any party I{ in interest to present further evidence concerning any of such findings and determinations At the hearing to be held on this application on the 21st day of May, 1970. 1. That no licensing authority has denied an application at the subject_ location within two years preceding the receipt of the application for the reason that,the''reasonable requirements of the neighborhood were satisfied. 2. That it satisfactorily appears that the applicant is or will be entitled to possission of the premises. 3. That the sal.: of liquor at the subject prenise is not in violation d' the, ordi— nances or laws of the City or any other jurisdiction. 4. The building wherein the license is sought to be exercised is not closer 64-n 500 feet to any public or parochial school or the principal campus of any college, university or seminary. S. That, the boundaries of the neighborhood to be served by this applicant are as follows: Shields Street on the West, Cherry Street on the North, College Avenue on the East and Laurel Street on the South. 6. That the necessary notice of hearing by publicationd n/Dy posting of the premises has been given as provided by law. 7. That the applicant is qualified under the ordinances of the City and the laws of the State for the license applied for. 8. That the application is in proper form and will be heard by the authority at the hearing previously scheduled. Passed and adopted this 21st day of May, 1970. /s/ Karl E. Carson Mayor ATTEST: /s/ John Bartel City Clerk The Assistant City Attorney stated they have pictures showing the premises and notice' of hearing. Sketches and.documents were presented to the Council. in Mr. Wm. Goff was sworn p testify on hisoin behalf. He stated that he needeu this enlargement for buying ai.d selling liquor, that after selling liquor for a period he found he did not have enough space fo stay in competition. He stated that he had been on the same .� corner for 17 years. He was asked if his gross sales had increased. He stated that it had;!".;� that the City and the University�is growing, therefore obvious that his business is growing and therefore needs more space, approximately 2000 sqare feet, and had 25 off street parking s.rces. Mr. Justus Wilkinson was present and spoke regarding this application..e stated that he lived at 429 South Whitcomb and had known Mr. Goff a number of years, speaking. for him as a person but speaking against the selling of liquor in general. He stated that there is less traffic problems now than before when Mr. Goff had the grocery business. The Council took this application under advisement to be considered at next weeks Council meeting. The Authority adjourned -and reconvened a; Council. An application by The J. S. Dillon $ Sons Stores, Co., Inc., dba King Soopers, 2325 South College Avenue, for a Fermented Malt Beverage 'License, was presented. The boundaries were automatically set at 2000 feet and to include all of South College Heights and Meadowlark residential. areas. Roll was called resulting as follows: Ayes: _ p F I a, Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion adopted. Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that the hearing date for this application be set for June 18, 197�. Roil was called resulting as. follows: Ayes: Councilmen Carsons Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following communication was presented and read at length: TO: Honorable Mayor and Councilmen THROUGH: Mr. Tom Coffey, City Manager FROM: Mr. Ed Kuppinger, Purchasing Agent SUBJECT: 3/4 Ton Pickup When this truck previously came before Council, it was rejected because none of the bidders met specification. Bidders could not meet the speofications because the City had specified an unusual 5.00 heavy-duty modular frame. It was initially felt that the 5:00 modular structure was essential due to the heavy load;.it would be subjected to. Additional investigation revealed that the modular requested for this size truck is not furnished by the factory; but that the modular furnished as standard could be "fish -plated" and meet the needs of the City. Specifications were rewritten and submitted for bid. The results of the bidding is. attached. The recomendation is that the bid of Poudre Valley Motors for $2,923.25 be accepted. Respectfully submitted, Ed Kuppinger Purchasing Agent Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that the recommendation of the Purchasing Agent be accepted and the low bid be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion adopted. ;.` The City Manager presented a report on alleged abuse of student demonstrators by -j ` the Police during halftime at the Colorado State University and BYU basketball game February 5, 1970. The CSU Human Relations Commission had requested an investigation into the use of clubs `yy Police officers. The City Manager showed films of an officer proding Mr. Jardine, a demonstrator, who was resisting arrest. The film showed Mr. Jardine backing away and This was finally accomplished and'Mr. Jardine later Jerry Wagner attempting to arrest him. appeared in court and fined $50.00. City Manager Coffey stated he had ---.not found proof of ,:eC+idence indicating any officers struck students with their clubs.- Councilman Kruchten made the motion to accept the report of the City Manager, stating he felt the officer in question 'the minimum force required to subdue the student. This made the right decision and used Was seconded by Councilman Troxell. Roll was called resulting as follows: Ayes: Council- men Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the , motion adopted. The following communication was presented and read at length: Fort Collins, Colorado May 19, 1970 City .E6uncil City of Fort Collins Fort Collins, Colorado - Gentlemen: As you will reeall, I submitted a letter to you on May 26, 1969, requesting an - indefinite leave of absence without pay which was,granted at,your next meeting on May 29, 1969. This letter is written to advise you, formally, that I have been reinstated by the Supreme Court of Colorado effective May 25, 1970, to the practice of lAw, and to request IN- I be reinstated as Municipal Judge of the City of Fort Collins effective May 25, 1970.. _ a I would take this opportunity to thank each of you, John Kochenburger, James P. Johnson and Hugh Drake for the cooperation and patience each of you have sho:,•n toward me and my family during this period of time, and to request that your action be taken as"toon as possible to relieve the load carried at the present time by Judges Kochenburger a:A& Drake. Very truly yours, /s/ John J. Tobin Motion was made by Councilman Troxell, seconded by Councilman Lopez, that the request of John Tobin be accepted and his leave of absence terminate as of May 25, 1970. ' Councilman Kruchtren stated that Mr. Kochenberger, Mr. Johnson and Mr. Drake should.be recognized as having done a good job. The City Manager stated that he complimented all three for their outstanding service for the City in Mr. Tobin's absence. 'Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion adopted. Motion was made by Councilman Kruchten, seconded by Councilman Troxell, th4t the City Attorney prepare a resolution commending these men for their efforts and send a copy of the resolution to each one. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion adopted. Councilman Lopez thanked the City Manager and Police Department for further efforts to enforce the dog leash law, stating he would appreciate another report in the near future on how they are getting along. Motion was made by Councilman Troxell, seconded by Councilman Lopez, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion adopted and the Council adjourned. t ATTEST: Deputy y Clerk