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HomeMy WebLinkAboutMINUTES-10/08/1970-RegularMINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, October 8, 1970, at 1:30 o'clock P.M. Present: Councilmen Troxell, Lopez, Chilton and Kruchten. City Manager Coffey, City Attorney March and Director of Public Yorks Liquin. Absent: Mayor Carson, excused. Assistnnt Mayor Kruchten acting as Mayor. Motion was made by Councilman Troxell, seconded by Councilman Chilton, that the reading of the minutes of the last regular meeting held October 1, 1970, be dispensed with. Roll was called resulting as follows: Aves: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent: Mayor Carson, excused. Nayes: None. The Assistant Mayor declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 55, 1970 BEING AN ORDINANCE ASSESSING THE COST OF IMPROVEMENTS IN CONSOLIDATED STREET IMPROVEMENT DISTRICT NO. 62, AND PROVIDING FOR THE PAYMfENT AND COLLECT10N THEREOF Motion was made by Councilman Chilton, seconded by Councilman Troxell, that Ordinance No. 55, 1970, be adopted. Roll was called resulting as follows: Ayes: Council- men -Kruchten, Troxell, Lopez and Chilton. Absent: Mayor Carson, excused. Nayes: None. The Assistant Mayor declared the motion adopted. The matter of the C. L. $ D.L. Hadley property being assessed in excess of the 1969 valuation, was again trought up. At the recommendation of the City Attorney, who had contacted the assessor's office, motion was made by Councilman Troxell, seconded by Councilman Chilton, that Mr. Hadley's property be reduc ed to one-half of the assessed valuation of $500.00; and be referred to the Administration for the proper handling. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent: Mayor Carson, excused. Nayes: The Assistant Mayor declared the motion adopted. The following ordinance was presented on second reading• ORDINANCE BEING AN ORDINANCE AMENDING SECTION 21-4939OFO THECODE,OF90RDINA,NCES OF TEH CITY OF.EORT COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO THE MAIN CHARGE FOR SEWER SERVICE OUTSIDE OF THE CITY LIMITS Motion was made by Councilman Troxell, seconded by Councilman Chilton, that Ordinance No. 56, 1970, be adopted. Roll was called resulting as follows: Ayes: Council- men Kruchten, Troxell, Lopez and Chilton. Absent: Mayor Carson, excused. Nayes: The As Mayor.declared the motion adopted. None. The following ordinance was presented on second reading: BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY'CTONO. THESCITY970 0F FORT COLLINS, COLORADO Motion was made by Councilman Troxell, seconded by Councilman Chilton, that Ordinance No. 57,1970, be adopted. Roll was called resulting as follows: Ayes: Council- men Kruchten, Troxell, Lopez and Chilton. Absent: a Mayor Carson, excused. Nayes: None. The Assistant Mayor declared the motion adopted. The following ordinance was presented on first read;,,,. �_A ___J BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE ORDINANCE NANCEOFOTHE 3CITY 70F FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY Motion was made by Councilman Lopez, seconded by Councilman Chilton, that Ordinance No. 64, 1970, be considered favorably on first reading, and ordered published this 8th day of October, A. D. 1970, and to be presented for final passage on the Sth day of November, A. D. 1970. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez, and Chilton. Absent: Mayor'Carson, excused. Nayes: None. The Assistant Mayor declared the motion adopted. The followine ordinance was presented on first reading and read at length: ORDINANCE NO. 64, 1970 BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS COLORADO, 1958, AS AMENDED, COMMONLY KNOW AS THE ZONING ORDINANCE AND CLASSIFYING FOP. ZONING PURPOSES THE PROPERTY INCLUDED I, THE SPENCER THIRD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO j Motion was made by Councilman Troxell, seconded by Councilman Lopez, that Ordinance No. 64, be considered favorably on first reading, and ordered published this 8th day of .October, 1970, and to be presented for final passage on the Sth day of November, A. D. 1970. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent: Mayor Carson, excused. Nayes: None. The Assistant Mayor declared the motion adopted. The following resolution was presented and read at length: RESOLUTION 70-100 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING W. J. Boggs, Harry Sobel and Walter B. PETERSON AS MEMBERS OF THE SENIOR CITIZENS COMMISSION WHEREAS, three vacancies presently exist on the Senior Citizens Commission; and WHEREAS, the City Council desires to appoint W. J. Boggs, Harry Sobel and Walter B. Peterson to fill such vacancies, and such individuals have indicated they are willing to accept an appointment to such commission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE City OF FORT COLLINS that W. J. Boggs, Harry Sobel and Walter B. Peterson be and they hereby are appointed as members of the Senior Citizens Commission, effective forthwith, to serve a term of four years or until their successors are appointed. Passed and adopted at a regular meeting of the City Council held this 8th day of October, 1970. /s/ Alvin Kruchten Assistant Mayor ATTEST: /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 Kruchten Troxel, Lopez and Chilton. Absent: Mayor Carson, excused. Nayes: None. The Assistant Mayor declared the motion adopted. The following resolution was presented and read at length: RESOLUTION 70-101 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH THE COLORADO AND SOUTHERN RAILWAY WHEREAS, in the opinion of the Councii of the city of Fort Collins, it is desirable to have installed at the crossing of the Colorado and Southern Main Line and Drake Road in the City automatic flashing light signals with audible warning devices; and WHEREAS, pursuant to the provisions of Section 115 - 4 - 6 C.R.S. 1963, as amended, an agreement has been prepared providing fot the installation of such devices; and WHEREAS, under said agreement the City of Fort Collins will furnish the cantilever masts, arms , and mast foundations and install the same, and said -Railroad will furnish all other materials and.labor required of complete said installation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreement be and the same hereby are approved and accepted; and BE IT FURTHER RESOLVED that the Mayor and City Clerk b e and they hereby are authorized and directed to execute said agreement for and on behalf of the City of Fort Collins. !! 4 Passed and adopted at a regular meeting of the City Council held this 8th day of October, A. D. 1970. /s/ Alvin Kruchten Assistant Mayor ATTEST: /s/ John Barb�I i y er The City Manager stated the State pays 80% of the cost, the Railroad 10% and the City 10%. Motion was made by Councilman Troxell, seconded by Councilman Lopez, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent: Mayor Carson, excused. Nayes: None. The Assistant Mayor declared the motion adopted. The 'following communication was presented and read at length: October 5, 1970 TO: Honorable Mayor and Councilmen THROUGH: Mr. Tom Coffey, City Manager FROM: Mr. Ed Kuppinger, Purchasing Agent SUBJECT: Req. #304-1608, 1609, 1610: Tire Requirements, 1970. Bids have been received and evaluated covering consideration for purchase of Various Winter and Hiway Tires. Five Invitations To bid were sent; five were returned. A compete summary of the bids is attached. Mr. Floyd Wiegers, City Shop Superintendent, has evaluated the bids and all speci- fications have been met by the log. bidders. The recommendation is that the contracts be awarded to Goodyear Tire & Rubber n the amount of $477.90; MillerTire Sales in the amount of $882.00 and Poudre General Tire in the amount of $1,934.28. Respectfully submitted, /s/ E. M. Kuppinger �Ootion was made by Councilman Lopez, seconded by Councilman Chilton. that the recommendation of the Purchasing be accepted. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent: Mayor Carson, excused. Nayes: None. The Assistant Mayor declared the motion adopted. The following communication was presented and read at length: October 7, 1970 TO: Honorable Mayor and Councilmen THROUGH: Mr. Tom Coffey, City Manager FROM: Mr.Ed Kuppinger, Purchasing Agent SUBJECT: Transformer Bids, Requisition 301-2380 Bids were received on September 14, 1970 for the consideration for purchase of twenty-four 10 KVA Transformers and fifteen 25 KVA Transformers. Four Invitations to Bid were issued to cover the requirement for the above transformers. Eleven working.days later (September 29, 1970), bids were opened and only two vendors responded. Investigation re- vealed that.of the two non -respondents, one failed to forward his information to the factory for bid and the other was not successful in getting his inimation from the factory i:i time to meet the bid date. A complete tabulation of the bids is attached. Mr. Bob Kost, Senior Electrical Engineer, has evaluated the bids and all speci- fications have been met by the bidders as indicated. The recommendation is that RTE Corporation be awarded a contract in the amount of $6,942.00 and that Mine $ Smelter Supply Company be awarded a contract in the amount of $3,465.00. Respectfully submitted, /s/ E. M. Kuppinger Motion was made by Councilman Lopez, seconded by Councilman Chilton, that the recommendation of the Purchasing Agent be accepted. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton.• Absent: Mayor _Carson, excused. Nayes: None. The Assistant Mayor declared the motion adopted. 375 u The City Manager stated that he had been asked to repair several of the City owned houses on North Meldrum Street and lie requested the Building Department to inspect same and submit a report. He stated most of these houses are in very bad shape and not fit to live in and'that he had received a report that four of these houses would cost several thousand: dollars each to repair them to a livable condition. These houses axcat 212, 226,230 and.. t 234 North Meldrum. He recommended that all houses except 220 North Meldrum be demolished before the.-�.first of January and inform the tenants to vacate by December 1, 1970. Assistant Mayor Kruchten :stated he believed the recommendation of the City Manager is of the best interest to the City. Motion was made by Councilman Lopez, seconded by Councilman Chilton' that the recommendation of the City Manager be approved. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent. Mayor Carson excused. Nayes: None. The Assistant Mayor declared the motion adopted. Councilman Troxell expressed his opinion that the City give those that arg living there now time to find something else . The following report was presented and read at length: October 2, 1970 TO: Tom Coffey, City Manager FROM: Ralph M. Smith, Chief of Police SUBJECT: Pancho's Cafe Dear Sir: This Department has had no problems with the above named establishment. I have checked with the Juvenile Bureau, and we haven's had any complaints regarding this place of business selling beer to minors. I.know of no reason why their renewal should be denied. Respectfully submitted,, /s/ Ralph M. Smith Chief of Police Motion was made by Councilman Lopez, seconded by Councilman Chilton, that this report be accepted. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent: Mayor Carson, excused. Nayes: None. The Assistant Mayor declared the motion adopted. The Assistant Mayor stated the balance of the items on the agenda are routine and since there are a number of people in the audience, he suggested to the Council the next item be comments or questions by the general public. Joe Rice, Traffic Engineer, was present and spoke regarding bicycle lanes ,and the proposed locations. He stated the proposed route from the west be from City, Park on Oak east to North Grant, south 1 block to Olive and east to Smith, northland south on Whitcomb from Cherry to Laurel, on the east side of town on Peterson, from Mountain to Prospect and. on Edwards from Stover to College. Paul Wood was present and spoke stating• that, he is in business on Olive Street and this bicycle lane would eliminate three or four parking spaces that this was the last corner to make a left/onnCollege until Laporte Avenue. That he needed the parking space and hated to lose them. He suggested putting lanes on Magnolia, that the only business this would interfer with would be on the Bank. Mr. Rice stated they planned to redo Some of the streets and Magnolia would be one way in the future.That he considered it as being closer to the downtown area. One person stated she did not see.any sense.for the lanes as she has to park diagonal on Peterson Street and why was it started as there is not much bicycle traffic. Bill Spars. stated for the safety standpoint, that there had been auto -bicycle acci-dents and he felt there is a need for bicycle lanes. She stated that there would be more accidents from parallel parking. Assistant Mayor Kruchten stated there are more than i5,000 bicycles in the City. Mrs. Dale Dobson stated that on Edwards Street, where she lives, 376 October 11�� there is not enough room to park in the front of their house, as there are apartments next door who have cars, they do not have a driveway, and what were they supposed to do. Assistan Mayor Kruchten stated that this is an individual probles and not on a for the City Is respon sibllity. Harold Warren, On71er of the property at 121 Kest Olive, stated that there were two. bicycle accidents in front of his place, and one was his? hitting a door on a car parked parallel, that lanes eliminate parking thereby creating.a detriment to do-ntoxn businesses and are only for the benefit of bicycles. He stated people will be forced to sell their pro perty and asked who paid for the curb, gutter, etc. He stated that he was for the lanes but, most of our accidents are not caused from bicycles. He stated that West Olive would accommo- date 29 cars parked diagonal, but with the bicycle lanes, there will only be 7 or 8, that he is concerned with safety, but also concerned with survival. Assistant Mayor Kruchten stated that he thinks lanes will be permitted, that these lanes will'be on a trial basis, that if it, i works, it will be continvad, and if not, will be discontinued. A lady in the audiance asked when will one way streets be put in. The City Manager stated he was checking the downtown project, that he thought in about a month if petitions were presented, or by next summer. There was considerable discussion both for and against bycycle lanes. Bill Sears suggested a committee be appointed to solve the problem and lanes be on a trial basis instead of arguing and taking any more of the Council's time. Councilman Lopez asked the Traffic Engineer to make a study of Magnolia Street, that the Council should consider the businesses that will be affected. The following report was presented and read at length: TO: Fort Collins City Council FROM: Planning and Zoning Board` SUBJECT: $60-70. Recommendation s of locatvns for the HB, Highway Business Zone. The Fort Collins Planning and Zoning Board considered this item at its October 6, 1970, meeting and recommends approval of the staff recommendation. Location: Staff recommendation: All property on South College Avenue, from Prospect Street south to the City limits presently zoned BG, General Business and C, Commercial, and all property on North College Avenue from Hickory Street north to Grape Street, presently zoned BG, General Business. Respectfully submitted, ./s/ Rick Cisar Acting Secretary Motion was made by Councilman Lopez, seconded by Councilman Chilton that the recommendation of the Planning and Zoning Board be accepted and the matter referred to the City Attorney to prepare the necessary resolution and notice of hearing. Roll was called resulting as €olb ws: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent: Mayor Carson, excused. Nayes: None. The Assistant 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: #66-70. Consider zoning for the South College First Annexation involving 57,67 acres_', Present county zoning, C, Commercial and I, Industrial districts. Staff recommendation: HB Highway Business zoning. The Fort Collins Planning and Zoning Board considered this item at its October 6, 1970, meeting and recommends this area be placed in the HB, Highway Business District Owners: Several Location: East 1/2 of Section 26, south of the City Limits, bounded by the C $ S Railroad. ROW on the_west and South College Avenue on the east. 3771 �Y ,Motion was made by Councilman Troxell, seconded by Councilman Chilton, that the recommendation of the Planning and Zoning Board be accepted and the matter referred to the City Attorney to prepare the necessary resolution and notice of .hearing. Roll was called resulting as follows: Ayes: Cauncilmen Kruchten, Troxell, Lopez and Chilton. Absent: Mayor Carson, excused. Nayes: None. The Assistant Mayor declared the motion adopted. 1 The following report was presented and read at length: TO: Fort Collins City Council FROM: Planning and Zoning Board SUBJECT: #65=70. Consider two (2) foot vacation of Ponderosa Drive. The Fort Collins Planning and Zoning Board considered this item at its October 6, 1970 meeting and recommends approval. Petitioner: Imperial Homes Construction, Inc. Thomas R. Wilson, Vice President Location: NE 1/4 of Section 16, between Orchard Street and Mulberry Street. Respectfully submitted, /s/ Rick Cisar Acting Secretary Motion was made by Councilman Troxell, seconded by Councilman Lopez, that this matter be referred to the City Attorney for preparation of an ordinance on same. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent: Councilman Carson, excused. Nayes: None. The Assistant 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: #89-69. Consider zoning for the Overland Trail Annexation involving approximately 243 acres. Present county zoning, FA, Farming District, R, Residential District, and'T, Tourist District zoning. Staff recommendation: RL, Low Density Residential zoning. The Fort Collins Planning and Zoning Board considered this item. at its October 6, 1970 meeting and recommends this area be placed in the RL, Low Density Residential District. Owners: Several. Location: Portions of Section 16, not currently in the City limits, (Map on file at the Planning; Office). Respectfully submitted, /s/ Rick Cisar Acting Secretary Motion was made by Councilman.Troxell, seconded by Councilman Chilton, that the recommendation of the Planning and Zoning Board be accepted and the matter referred to the City Attorney for preparation of the proper resolution and notice of hearing. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent: Mayor Carson, excused. Nayes: None. The Assistant Mayor declared the motion adopted. The following report was presented and read at length: TO: Fort Collins City Council FROM: Planning and Zoning Office SUBJECT: #37-70. Consider zoning for the Southwest Annexation involving approximately 270 acres. Present County zoning, FA, Farming District, FA1, Farming_ District, E1, Estate District, and R, Residential District zoning. Staff recommendation: RL, Low Density Residential zoning. The Fort Collins Planning and Zoning Board considered this item at its October 6, 1970 meeting and recommends this area be placed in the RL, Low Density Residential District. Owners: Several Location: Portions of Sections 16-21 and 22 not currently within the City Limits,. (Maps on file at the Planning Office) Respectfully submitted, /s/ Rick Cisar- Acting Secretary i October 8, 1970 c d q a Motion was made by Councilman Troxell, seconded by Councilman Lopez, that the recommendation of the Planning and Zoning Board be accepted and the matter be referred to `to the City Attorney for the necessary resolution and notice of hearing. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent: v ; , Assistant Mayor Carson, 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: #68-70. Consider plat of the Elliott -Miller Foothills West 8th Filing involving t' 9 lots with RLM, Low Density Multiple Family Zoning. The Fort Collins Planning and Zoning Board considered this item at its October 6, 1970 meeting and recommends approval. Developer: Foothills West Development Corporation Alvin L. Miller,President. Location: NIV 1/4 of Section 21, south of Overland Trail and West of the City limits. Respectfully submitted, /s/ Rick Cisar Acting Secretary } The City Clerk stated that the utility agreement has been approved by the City Engineer. Motion was made by Councilman Troxell, seconded by Councilman Chilton, that the recommendations of the Planning and Zoning Board be accepted and the plat be approved. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. j! Absent: Mayor Carson, excused. Nayes: None. The Assistan t Mayor declared the motion {` adopted. Acting Mayor Kruchten declared the Council recessed and reconvened as a Liquor i; Licensing Authority. - This being the final hearing on the application for a Hotel Restaurant Type Liquor License by the Hall of Fame Restaurant, Inc., dba as the Out of Bounds Resturantat 200 West Mountain Avenue, the Acting Mayor presented and read the following rules. i HEARING PROCEDURE Liquor Licensing Authority City of Fort Collins 1. The Chairman, upon calling the meeting to order, makes the following opening co,.;ments: This is a public hearing before the Liquor Licensing Authority of the City of Fort Collins to -determine whether or not the application of Hall of Fame, The. fora Hotel -Restaurant type retail liq� u0r license at _ 200 West Mountain Avenue should be granted or denied. This hearing is conducted pursuant to the 7a,:rs of the State of Colorado and the rules of the Liquor Licensing Authority of the City of Fort Collins. The purpose of this hearing is to receive information, data, and testimony by interested parties in order to enable this Authority to mace the findings and'reach the conclusions required to be made by state lag as to whether or not the retain liquor license applied for should issue. A record is being made of these proceedings so that those who desire to be heard must identify themselves by name and address. ,• ter? g'� 379 a r. WI The order of`this hearing will be: first the results of the preliminary findings; second, the applicant is given the opportunity to present evidence he desires to submit; next, interested parties may present or submit mailers to this Authority. Interested parties are residents of the neighborhood under consideration, or owners or managers or any business located therein. s The Authority may give the applicant an opportoil unity to rebut matters submitted by interested parties if the Authority should feel that rebuttal is desirable. Interested parties and the applicant may be represented'by counsel. Insofar is practicable this hearing will `e consuctev in conformity with the rules of civil procedure. ;l testimony shall be given under oath, which wiII ;_ 4dministered_by the Cle__ro or reporter,_i; nutheri zed to administer oaths. Exhibits shall first be ra';er: and then identified before offering them to the chaibnar, for admission into the record of this proceeding. The City Attorney will rule on the question of admissibility of all exhibits and testimony and his ruling will stand unless objected to by a member of the Authority during the hearing, in which event the question of admissibility will be decided by the majority of the members of the Authority present. A record will be kept of evidence refused or testimony rejected. The burden is upon the applicant to satisfy this Authority that the reasonable requirements.of the relevant neighbor- hood for the kind of license applied for are not presently being adequately satisfied. Concerning the neighborhood for this application, the preliminary findings refer to an area with a one mile radius from the proposed outlet. This area was established for the sole purpose of determining the number of existing, similar outlets. It should be understood that this area is not necessarily the neighborhood which the Authority will consider relevant. All interested parties are encouraged to address their presentation to this point. Cross-examination of witnesses testifying at this hearing may be permitted. However, it should be clear that the Authority will limit cross-examination which adduces cumulative evidence or repetitive examination or in order to protest witnesses against harassment or embarrassment. A resolution setting forth findings on a preliminary hearing on .the liquor license application of the Hall of Fame Restaurant, Inc., dba Out of Bounds, for a Hotel j Restaurant Liquor License, which was presented and read October 1, 1970, was again resented d d p an Tea . The Acting Mayor stated that the files did not show any opposition. i Mr. Dean Olson, Attorney, was present and presented Dick Rutherford,'1049 Briarwood; who was swornipor testimony. He stated he was a special engineer and land surveyor. Mr. Olson presented opponents Exhibits 1 and 2 which were admitted by the Acting Mayor. Exhibit' 2 was a plat prepared in their office, showing Block 21 and 41 and Exhibit 1 was a part of a ;yap of Fort Collins showing these two blocks. Mr. Rutherford was asked if he was familiar with St. Joseph School and Church. Mr. Rutherford stated he was. He was asked to describe the measurements and how they were made. Mr. Rutherford stated from the property line, down the alley and on Mountain Avenue, there being a mark, that he used a 200 foot tape to measure. He stated that from the SE corner of the school property is 415 feet by way of the alley running east and west between. Laporte and Mountain Avenue, and 310 feet between County` Square and St. Joseph Church property line.! M u Mr. David Osborn, Attorney for the applicants, stated that the County Square building is 370 feet from the church on West Mountain and 545 feet from the: school through the alley, it is 41S feet from the church.e; Mrs. John Reid, Librarian for the St. Joseph School for 5 years, was present and ; was sworn in for testimony. She stated she worked every day during the school year and 'only two days the balance of the time. S:.a was asked if she worked in the school proper and if there was more than one building. She stated that the school and church are not connected, only by a roof and the school is north of the alley. Asked if she was familiar. with the alley east and west and if she could ob serve this alley. She stated she could .3 no;.,only when parking her car. She stated she had .seen adults walking east in the alley and expected they were going to Tolivers. Asked if she had ever seen any children using the alleyway. She stated she had seen three adults in the past month. That it had been just -t'1 since Toliver's had move•'-. She was asked if she was `amiliar with the use of the church building on Mountain and Howes. She stated 'she was. That it was used 5 times a month — and more during Lent and approximately 8 times during May. That they have Sunday Mass and practice singing at 8:00 o'clock during school term. Asked if this was compulsory.. She stated it was not. Mr. Osborn asked Mrs. Reid how many she observed last month using. the alley. She stated three or four people. Asked how many in school. She stated that these are not all Catholic, that out of 290, there are less than 10% not Catholic: ths: Reid was asked if all the singing had to do with religion and part of the training. She ' stated the singing was mostly in school, the main purpose of church is religious practice,' and practice as a group in church. Asked how many hours a week is used for other than church practice and are any subjects given in the church. She stated no. Asked if a majority of them are given church training. She stated yes. Asked what direction to Tolivers from the Square. She stated directly north. Asked if the practice singing is for church services. She stated no. Councilman Troxell asked if this alley was paved, she stated no. (,Yi 6046CA w Mr. Howard Fisinger of 155 Fairway Lane, was present and was sworn in for testi- opponents Exhibits 3, 4 and 5, irhich were certified copies of mony. Mr. Olson presented b deeds sho;aing ownership of school property. These were received/ihe Acting.Mayor. i ., The City Attorney read from the Colorado Revised statues that the building cannot be located within 500 feet from any public or parochial school. Since the teachers were not able to be present, Mir. Olson presented four affidavits, signed by the Sisters, stating they were familiar with the alley, Tolivers and the area. Acting Mayor Kruchten stated the affidavits will be received for what ever they are worth. Mir. Frisinger stated he was +Professor of Math at C.S.U. and associated with the Poudre Valley Church Council, a new 'body, helping run the Church. He stated that -St. Joseph is the owner of property where shcool and church is located. One building on Mountain, west of church is for education of children that are not now in school, and the building west of the corner -is housing for 8 nuns that teach in school. Acting Mayor Kruchten asked if this was the only one close to the church. He stated there is the Rectory and the next building where the Pastor resides. No further questions. Attorney Olsen stated he would present his arguments dater. Attorney Osborn presented no witnesses. Attorney Olsen read from the Colorado Revised Statutes, Paragraph A $ B, Subsection 5, which stated this establishment has to be at least 50O.feet from any school. That he is unable to find a case that he had the survey made, that the statues do not say a certain route, only a route by pedestrian traffic, that the measurement was taken to the nearest z portion of building, that the alley is used frequently for school purposes. a eUX I Attorney Osborn stated that it is clear that we are talking about a school and school purposes, that the alley is unpaved, very few use it, but the direct access is along. the sidewalk, and is 540 feet from the County Square to the School. He asked the Council" to consider the preliminary findings so that we can proceed with our application. Acting , Mayor Kruchten stated they would consider distance, that the file shows more than 500 feet xlr Mr. Edwin Massey was present and was sworn in as a witness by Attorney Osborn. He stated he was an officer in the Corporation.. That they changed the trade name, but it made no difference. Asked about his background. He stated he was associated with Daniel W. James, James Carson and Doug Cogswell, that he and Janfes Carson`were the owners of,. 'three restaurants, two in Boulder and one in Denver at Cinderella City, that he resides in Boulder and that they had put their resources together for this restaurnat. He stated that James Carson lives in Fort Collins, that they will put $100,000.00 in restaurant; $30,000 from stock holders,$30,000 from Mrs. Mattingly and $40,000 from Nobel, Inc. He stated that Bill James and he will own and operate this restaurant. That they specializes - in fast service, they investigated Fort Collins for two years and were impressed with the - downtown area. He stated they were aware of.the other outlets, that there were four mentioned but they only knew of three. He stated the general concept would be different and the preparation of food would be more modern. He said they had circulated petitions in Fort Collins and had 1197 notarized signatures. These petitions were presented as applicants Exhibit A. and were accepted by the Council.. Mr. Massey stated they will have separate banquet facilities that can be served from ; the kitchen and will serve an average of 65 and have a capacity of 200 in the restaurant '^ and food service at all times from 11 A.M. to 2 P.M. That it will be decorated in the Gay J Ninties theme and will have a split level with two fireplaces. Applicants Exhibit B was 6 copies of menus and Exhibit C was the sign and front i of the building. These were received by the Council. He stated that Cogswell, James and Carson, all members of the Association, have some. business.background. Mr. Kenneth Taniguchi was present and sworn in for testimony. He stated he was.an architect -and designed this project. He stated he had done several residential jobs, that he went to school at the University of Colorado, and was originally from Hawaii: He stated that on September 29, 1970, he called Mr. Clyde of the Building Inspection office, i and found out there were several deficiencies in the plans. He stated that Mr. Massey' and himself met with the building inspectors to -fin d what the Code restrictions were. Mr. Clyde gave us a list of items to consider, that we want to comply in every respect with all requirements. Applicants Exhibit D was a letter identifying Taniguchi and Associates. He was asked if they had any plans with them today. He stated they have revised plans and specifications as requested. The Exhibit.was received by the Acting Mayor. Exhibit E was construction plans provided by Mr. Taniguchi's office for the restaurant. Exhibit F was was building specifications and comply in every request. This received by the Acting Mayor. Councilman Troxell asked if these plans had been submitted to the building office and meet all requirements. Mr. Osborn stated they had. Councilman Kruchten stated that these will not be considered until all requirements have been met. Assistant City.March, Jr. appeared for the remainder of the Council. Mr. March asked if this restaurant would take all the County Square. Mr. Massey stated it_would take up approximately 50 x 100 feet on the west side of the building. That the building will be divided into several dining rooms, that the larger area in the back will be the banquet room. That their approach in this is to get a comfortable area, that it Will be very interesting and unique for Fort Collins, will be a skylight and a 19-hole flag as you enter. 382- Mr. Massey was Ye -questioned and asked about packing speces for the public. He ` stated this has been arranged for by Taniguchi, that there would be one parking space for two, employees, that Mrs. Moore and Mrs. Mattingly have two spaces and have leased 5 eitra space from Robertson Piintins. yy:i ants Exhibit G ::as a ;mitten agreement on the 5 parking 3: ; spaces. This was received by the Council. was a definite need for a good restaurant in the Attorney Osborn stated that there downtown area, that the applicants are really interested ir. this project and it will be a real asset to the community. He stated if you do grant this license and if the Building 1 d t mend the lans Inspector.feels that they have not met the requirements, ;,ill be g a o a p Acting Mayor Kruchten stated that if there no more objections, will consider the hearing i closed and take this under advisement to submit a decision_ at a later date. i The Acting Mayor declared the meeting reconvened as a Council. The Assistant City Attorney stated their firm have a new lawyer and would like to ' i have Ramsey`D. Myatt appointed as an Assistant City Attorney. Motion was made byCounclmar Troxell, seconded by Councilman Chilton, that this request be approved. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent: Mayor Carson, excused. Nayes: None. The Assistant Mayor declared the motion adopted. 3 A memo on taxes and Franchise from the Light Plant was presented and placed on file. The City Manager presented a refund from the Gas Company of $1,476.75 for the period from April 18, 1970 to September 31, 1970. The City Manager stated he would like to have a•work session with the Council next Wednesday, October 14,.1970, at-7:00 P.M. on the Budget. ' Mr. Joe Rice, Traffic Engineer, stated he is not -sure where he goes from here on the bicycle lanes as no action was taken at the last meeting. Acting Mayor Kruchten suggested we try a portion on a trial basis and if a further need exists, can go from there. The City Manager stated the lanes will go pretty fast when Mr. Rice gets going and asked if the Council wanted five streets or one street. Acting Mayor Kruchten said to report back next week. Councilman Lopez stated he was not completely sold on the bicycle routes. That the streets jog north and -go into Oak Street, that we have not been informed when Magnolia -will become a one-way street, and that he is not convinced that this is not a better route than. Olive Street. He suggested this be deferred another week. Councilman Chilton. stated he would like to see it postponed as the way it is now, it goes further into town. Councilman Troxell stated he does not think the sign is effective showing the bicycle lanes, that we use the internaional system instead and use more pictures. This matter was postponed until next week. Motion was made by Councilman Chilton, seconded by Councilman Lopez, that the Council'adjourn. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent: Mayor Carson, excused. Nayes: None. The Acting Mayor declared the motion adopted, and the Go pcil'adjourne . to t Mayor ATTEST: City Cle' 4